Florida Bar-Lawyers Setup Mid-Trial DUI Arrest-Public Records

Campbell Campbell Campbell Campbell
JodiThompson JodiThompson JodiThompson JodiThompson to: DianaRouse 01/28/201311:22AM

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"om: 7enia8scoba/The"loida!a
To: 7enneth.&Ma9in/The"loida!a6".A!AR-JodiThompson/The"loida!a6".A!AR
Cc: 7aen:7i(se*/The"loida!a6".A!AR
Date: 01/2,/201301:31'M
+ub5ect: ;MJ;+chnitt;sattone*accuses.o9e+pon%e;scounselofconspiac*-see(smistial
http://)))&tampaba*&com/ne)s/couts/ci9il/aticle120221#&ece
'MJ' Schnitt's attorney accuses Love Sponge's
counsel of conspiracy, seeks mistrial
By Jessica Vander Velde, Times Staff Writer
Posted: Jan 25, 2013 09:49 !
T!P " T#e ci$il trial %ittin& t'o radio (s#oc) *oc)s( a&ainst eac# ot#er #as %a+sed amidst
acc+sations t#at B+,,a t#e -o$e S%on&e .lem/s attorneys cons%ired to #a$e Todd (!J( Sc#nitt/s
attorney arrested on dr+n) dri$in& Wednesday0
.lem/s attorney Ste%#en 1iaco denies t#e acc+sations, '#ic# so+nd li)e %art of a mo$ie scri%t0
ccordin& to one of Sc#nitt/s attorneys, Jonat#an 2llis, t#is is '#at #a%%ened:
ttorney .#arles P#ili% .am%,ell Jr0, 34, 'ent to a Tam%a ,ar after t#e trial 'ra%%ed +% Wednesday0
'oman named !elissa Personi+s a%%roac#ed .am%,ell and ,o+&#t #im drin)s0 -ater, s#e as)ed #im
to mo$e #er car0
T#at/s '#en .am%,ell 'as arrested on 145 ,y t#e Tam%a Police 1e%artment0 6e 'as immediately
,oo)ed into *ail0
W#en t#at #a%%ened, .am%,ell left #is trial ,a& " '#ic# contained im%ortant, confidential doc+ments
" in Personi+s/ car0
6e #ad no idea t#at Personi+s 'as a %arale&al for 1iaco/s la' firm0
7o', t#e o%%osin& side #ad all #is confidential trial information0
(8Personi+s9 lied to !r0 .am%,ell and me, '#en 'e as)ed #er '#ere s#e 'or)ed,( 2llis said in co+rt
:riday mornin&0 (S#e ,o+&#t #im drin)s0 S#e s%ecifically as)ed #im to mo$e #er car, and 'e ,elie$e
t#at s#e e$en " or #ad someone else " ma)e t#e call to Tam%a %olice to #a$e !r0 .am%,ell %+lled
o$er0(
2llis as)ed for a mistrial0
.irc+it J+d&e James rnold said #e 'ants to #ear testimony from 1iaco in t#e afternoon, and #e as)ed
1iaco to trac) do'n Personi+s0
ccordin& to 2llis, '#en a %rocess ser$er tried to s+,%oena Personi+s on T#+rsday, #e 'as told t#at
t#e %arale&al 'as on $acation0
Testimony is contin+in&0
________________________________
Kenia Escobar
Public Information and Bar Services
The Florida Bar
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"om: 7enneth.&Ma9in/The"loida!a
To: +andaDiamond<sandafdiamond6%mail&com=
Cc: JodiThompson/The"loida!a6".A!AR
Date: 01/28/201300:,2AM
+ub5ect: Re:;MJ;+chnitt;sattone*accuses.o9e+pon%e;scounselofconspiac*-see(smistial1Tampa
!a*Times
+anda-
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7enneth.&Ma9in
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+andaDiamond 01/2//201303:,2:1/'M 7en&Allofthepofessionalismcommittees-cen&&&
"om: +andaDiamond<sandafdiamond6%mail&com=
To: A7enneth.&Ma9inA<(ma9in6flaba&o%=-AMs&Ma%aetDianeMathe)sA
<ma%aet&mathe)s6a(eman&com=-+eanTimoth*Desmond<sean6la)desmond&com=-AM&
.ansin%Chales+ci9enA<lansin%&sci9en6Buales&com=
Date: 01/2//201303:,2'M
+ub5ect: ;MJ;+chnitt;sattone*accuses.o9e+pon%e;scounselofconspiac*-see(smistial1Tampa!a*
Times
Ken. All of the professionalism committees, centers and commissions in the
world can't erase this type of bad publicity for the legal profession. Is
this something the Bar can act on or does a participant have to file a
grievance ? Perhaps my Tampa BOG friends are already on this. Thanks Sandra.
http://www.tampabay.com/news/courts/civil/mj-schnitts-attorney-accuses-love-sp
onges-counsel-of-conspiracy-seeks/1272214
Sent from my iPhone
"om: "ancineA>al(e/The"loida!a
To: JohnT!e*/The"loida!a6".A!AR-7enneth.&Ma9in/The"loida!a6".A!AR-+usan
!loemendaal/The"loida!a6".A!AR-JodiThompson/The"loida!a6".A!AR
Cc: John"Ca(ness/The"loida!a6".A!AR-"ancineA>al(e/The"loida!a6".A!AR-
+usannah.*le/The"loida!a6".A!AR-7aen:7i(se*/The"loida!a6".A!AR-8milie
Rieto)/The"loida!a6".A!AR-7enia8scoba/The"loida!a6".A!AR
Date: 01/28/201310:2#AM
+ub5ect: Media@nfomationReBuest
@nfomationhasbeeneBuestedb*Mi(eDasilindaof"o>".A1TDTampa
"ollo)thislin(toe9ie)theeBuest =
Attorney representing 'MJ' arrested for DUI in Tampa; no
court Thursday
Last Updated Thursday, January 24, 2013, 11 24 AM
TAMPA - Jurors in the ongoing Todd.. 'MJ SchniH-Bubha thf Lovt- Slicing^ Clem deiamati >n lawsuil ware-
scheduled to hear testimony Thursday fr om Schnitf s wife Michelle.
But court proceedings were called off Thursday morning, just houts aftei Schnitt's attorney, Charles Philip
Campbell, Ji was airested in Tampa on DUI charges
Campbell, Jr , 64, was taken into custody at 10 p m Wednesday by Tampa police aftei being slopped near Cass
and Tampa streets
He was booked into the Hillsborough County jail and leleased after posting $500 bond at 6 a m Thursday
Heading into court just after 8a m Campbell said he was focused and ready to work for his client, although ho
admilied he didn'l get much sleep
But minutes into today's proceedings the judge said there wouldnt be any questioning today The jury was
dismissed and told to return on Fnday
Schnitt left the courthouse without comment Clern said he was disappointed and one of his attorneys was upset
"I hope he (Campbell) gets help said Clem's attorney Stephen Diaco 'My partners were working hard on getting
ready for cross examination today He (Campbell) doesn t seem to be doing the same and now we le getting
penalized for that '
Schnitt is suing Clem and the BTLS Radio Nctwoik for what he said were 'highly offensive, insulting oi fighting
words and defamatory statements" made in 2008
http://www.baynews9.com/content/news/baynews9/news/article.html/co
Hillsborough County Sheriffs Office - Inquiries Online - Arrest Inquiry Page 1 of 2
Important Notice:
T h e data on this site provides only arrest and booking information and should not be relied upon to determine an individual's actual
criminal record. This data may not reflect charging decisions made by the State Attorney's Office or the outcome of criminal trials.
An acquittal or dismissal (if a criminal charge does not necessarily negate the validity of an arrest To obtain the final disposition of
any criminal charges, contact the Clerk of the Circuit Court.
This report includes: Release Data Charges
CAMPBELL, CHARLES PHILIP JH
02/18/1948
13003568
01/23/2013
W
M
N
More Information:
Report identity Theft
Report an Error
Remove an Arrest Record
Frequently Asked Questions
STATUS STATUS - *RELEASED* BOND. 500.00 CASH $0.00 FINE- $0.00 PURGE $0.00
Last Name First Name
CAMPBELL CHARLES
Eyes Hair Build ^jj
1
"""* Height
BRO GRY MfcD 64 5'08
Race Sex Ethn
W ' M N
Street Address
3304 PALMIRA AV W
Aliases
CAMPBELl, CHAR! FS PHII IP
CAMPBELL,CHARLES PHILIP JR
Arrest Agency Arrest Date
TPD 01/23/2013
Personal Information
Middle Name Suffix Booking No.
PHILIP JR 13003568
Weight SOID SOID Name
165 00641674 CAMP6ELL,CHARLfcS PHILIP
FOB DOB Arrest Age SSN
CO 02/18/1948 64 *##-##-#*##
Address
City State Zip
TAMPA Fl 33679
Aliases
Date OF Birth Social Security Number
02/18/1948 ##*-.##-
02/18/1948 *?*--#
Arrest Information
Arrest Time Book Date Book Time
22:08 01/23/2013 23:43
Arrest Location
CASS ST E/TAMPA ST N
Release Information
Release Data
DOES NOT OCCUPY A CELL - RELEASED ON. 01/24/2013 AF 06.18 - RhL SURETY BOND
Jurisdiction
TA
NONb
OBTS
2938032515
Attorney
Next of Km
Additional Information
Caution Ind.
Address
Address
Caution Remarks
###%####$#
Employer
, SHUMAKER MCKENDRY
Relationship
#########*
Occupation Address
; AIT ORNtY 101 KENNEDY BL E
Charge
http://www.hcso.tampa.fl.us/PublicInquiry/ArrestInquiryAîewArrest?id=13003568&kl=8... 1/24/2013
Hillsborough County Sheriffs Office - Inquiries Online - Arrest Inquiry Page 2 of 2
No. Charge Description Class Court OISP Bond BP Fine *i
s OC
nays
1 DRIVING UNDER THE INFLUENCE M2 ' 14D SURETY $50000 B 1
, , BOND
Report # CT-Case # Date Agency OBTS Number Charge Code
13050097 06523XFP 01/23/2013 TPD 2938032.515 TRAF1012
Remark
BAG REFUSED
y Charge Charge
Count Type
1 ON
SCENE
CRA Number
188051?
Information provided should not be relied upon for any type of legal action.
2013HiHsboroughCountyShetiftsOfficeallnghtsreserved T rm t/U%e | F- dt.. Pilc\,
http://www.hcso.tampa.fl.us/PublicInquiry/ArrestInquiryAîewArrest?id=13003568&kl=8... 1/24/2013
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
CIVIL DIVISION
Case No.
08-05738
Division J
TODD SCHNITT and MICHELLE SCHNITT,
Plaintiffs,
vs.
COX RADIO, INC., and BUBBA RADIO
NETWORK, INC., and BUBBA CLEM,
Defendants.
E X C E R P T
TRIAL PROCEEDINGS BEFORE THE HONORABLE JAMES D. ARNOLD
(HEARING ON MOTION FOR MISTRIAL)
DATE:
TIME:
PLACE:
REPORTED BY:
January 25, 2013
2:30 p.m. to 5:36 p.m.
Hillsborough County Courthouse
800 East Twiggs Street
Sixth Floor, Courtroom 1
Tampa, Florida
Deborah W. McDonald, RMR, CRR
Notary Public, State of
Florida at Large
Pages 1 to 162
Riesdorph Reporting Group, Inc. (813) 222-8963
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APPEARANCES:
JONATHAN J. ELLIS, ESQUIRE
MINDI M. RICHTER, ESQUIRE
JEFFREY B. FABIAN, ESQUIRE
JAIME AUSTRICH, ESQUIRE
Shumaker, Loop & Kendrick, LLP
101 East Kennedy Boulevard
Suite 2800
Tampa, Florida 33602
Attorneys for Plaintiffs
JOSEPH F. DIACO, JR., ESQUIRE
Adams & Diaco, P.A.
Suite 2175
- and -
GREGORY A. HEARING, ESQUIRE
BENJAMIN W. BARD, ESQUIRE
Thompson, Sizemore, Gonzalez & Hearing, P.A.
201 North Franklin Street
Suite 1600
Attorneys for Defendants Bubba Radio
Network, Inc., and Bubba Clem
ALSO PRESENT:
Todd Schnitt
Michelle Schnitt
Bubba Clem
Norman S. Cannella, Sr., Esquire
Norman S. Cannella, Jr., Esquire
D. Lee Pitisci, Esquire
Jake Hanson, Staff Attorney
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INDEX
Description
PROCEEDINGS
PLAINTIFFS' WITNESSES:
JONATHAN ELLIS:
Direct Examination by Mr
Cross-Examination by Mr.
Redirect Examination by
MELISSA PERSONIUS:
STEPHEN DIACO:
RAYMOND FERNANDEZ:
DEFENDANTS' WITNESSES:
MELISSA PERSONIUS:
BRIAN MOTRONI:
COURT'S WITNESSES:
MICHAEL TRENTALANGE:
Questions by the Court
. Austrich
Pitisci
Mr. Austrich
. Austrich
Pitisci
. Austrich
Pitisci
Mr. Austrich
. Austrich
Pitisci
Mr. Austrich
. Pitisci
Austrich
. Pitisci
Austrich
Questions by Mr. Austrich
Questions by Mr. Pitisci
JONATHAN ELLIS:
Questions by the Court
Questions by Mr. Pitisci
ARGUMENT BY MR. AUSTRICH
ARGUMENT BY MR. DIACO
RULING BY THE COURT
REPORTER'S CERTIFICATE
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128
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144
151
162
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P R O C E E D I N G S
(Call to order at 2: 30 )
THE BAILIFF: Please remain seated. Come to
order. Court is now in session.
THE COURT: Good afternoon. I've taken care
of my emergency hearing. So we're ready to go
forward?
MR. ELLIS: Yes, Your Honor.
THE COURT: I believe you've got some
witnesses under subpoena?
MR. AUSTRICH: We do, Your Honor.
THE COURT: All right. We're going to invoke
the rule on the witnesses.
MR. ELLIS: Yes. If we could approach for
one minute, Your Honor.
THE COURT: All right.
(At sidebar.)
MR. ELLIS: I'm not sure this is counsel
for one of the parties. So I'm not sure why he's
up here.
MR. PITISCI: Are you not handling the
witnesses --
MR. DIACO: I think these are just for the
witnesses that you've called today. I think some
of the witnesses who you've called today have some
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representation, so
THE COURT: Oh, that's fine.
Mr. Cannella, good afternoon.
MR. CANNELLA, SR.: Good afternoon.
THE COURT: Who are you representing?
MR. CANNELLA, SR.: Well, I'm obviously new
in this matter, Judge. And I'm here on behalf of
Mr. Stephen Diaco.
My son is here on behalf of one Melissa
Personius.
THE COURT: Uh-huh.
MR. CANNELLA, SR.: And if you'll allow me a
minute or two.
It's my understanding --
THE COURT: Well, we're going to do
everything on the record at this point in time.
MR. CANNELLA, SR.: Yes.
THE COURT: The only thing what did you
want to take up?
MR. ELLIS: The only issue I have,
Your Honor, to the extent I think we're going to
invoke the rule --
THE COURT: Oh, we are going to invoke the
rule.
MR. ELLIS: -- is I may be called as a
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witness.
THE COURT: We're going to invoke the rule.
Mr. Cannella, I'll let you address me at the
podium.
MR. ELLIS: Your Honor, even though we're
invoking the rule and I may be a witness, I'm
asking permission to stay in.
THE COURT: Any objection?
MR. CANNELLA, SR.: I didn't hear that.
THE COURT: Mr. Diaco, Mr. Hearing, any
objection to counsel staying even though he may be
a witness?
MR. HEARING: If it's invoked for all
purposes, absolutely, he can't stay if he's a
witness.
THE COURT: Okay.
You'll have to step out, too.
MR. ELLIS: Then I may be the first witness,
Your Honor.
THE COURT: That may be.
MR. ELLIS: Okay. Then I'll stay.
(Sidebar concluded.)
THE COURT: Mr. Cannella?
MR. CANNELLA, SR.: Thank you.
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THE COURT: Any other people under subpoena
as witnesses, step outside.
MR. CANNELLA, SR.: Judge, Norman S.
Cannella, Sr.
MR. ELLIS: Your Honor, to the extent we
haven't called witnesses yet, may I stay in? The
testimony hasn't begun.
THE COURT: You may stay in until we've
called the first witness.
MR. ELLIS: Thank you, Your Honor.
Mr. Cannella?
MR. CANNELLA, SR.: Go ahead? Thanks.
I'm here on behalf of Mr. Diaco, who I
understand may be called as a witness.
It's my further understanding that as a
result of the matters which appeared in the
newspaper this morning regarding Mr. Campbell's
DUI charge, that the Court at a time in the very
recent past held a hearing and determined that
there was no jury contamination as a result of
that story in the newspaper.
It's my further understanding that you now
want to inquire regarding the sanctity of a
briefcase belonging to Mr. Campbell.
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If that is indeed your inquiry and it -- your
inquiry is a narrow inquiry regarding a briefcase
and no other matters, then I would consider and
more than likely would allow Mr. Diaco to testify.
However, if there are other matters that
become part of the inquiry that are not directly
related to the issue of the briefcase and its
sanctity, then I would advise Mr. Diaco to invoke
his Fifth Amendment right.
THE COURT: Well, at this point,
Mr. Cannella, I don't know entirely everything
that occurred. So I can't give you an answer.
But if your client is called to testify, the first
inquiry will be about a briefcase.
MR. CANNELLA, SR.: Well, I have then a
choice. Either he does not testify, or he
testifies and I have to be in a position to hear
the question and then make an appropriate
objection.
THE COURT: That's fine.
MR. CANNELLA, SR.: Or advise him at that
point that he should invoke his Fifth Amendment
right.
MR. CANNELLA, SR.: Okay. Thank you.
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THE COURT: We ready to proceed?
MR. PITISCI: Your Honor, may I approach?
It was my understanding that the Court was
going to be the one that was asking the questions.
I think it's inappropriate for this is this
is not a fact-finding mission by, you know, the
civil lawyers. It's to allay the Court's fears
on -- on this trial briefcase. So to allow them
to start asking any type of question they want on
a fishing expedition is inappropriate.
THE COURT: First of all, we're not going to
try a DUI trial. That's not going to happen.
MR. PITISCI: Okay.
THE COURT: What we are going to find out is
about the sanctity of the briefcase and the
circumstances under which the briefcase came into
somebody's possession.
MR. PITISCI: Okay. Is the Court going to
ask the questions as opposed to opposing counsel?
I mean, this isn't a -- this isn't a grievance
proceeding. This isn't a DUI trial. You know,
there's -- it's not the appropriate venue for --
THE COURT: Well, unfortunately the Court
doesn't know and is not aware of all the
circumstances surrounding what occurred. But I'm
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limiting it to that. And if there's an objection
that's lodged, I'll listen to it.
MR. PITISCI: Okay. We're going to object to
the
THE COURT: And who are you representing?
MR. PITISCI: Mr. Diaco in the civil matter.
THE COURT: Okay.
Have a seat.
MR. ELLIS: Your Honor, does Mr. Diaco get
two separate counsel?
THE COURT: I guess so.
MR. ELLIS: Okay.
MR. AUSTRICH: Your Honor
THE COURT: So are you going to handle this?
MR. ELLIS: This is Mr. Austrich with our
firm, Your Honor. I think he's going to handle to
the extent I may be a witness.
This is your motion.
MR. AUSTRICH: The plaintiffs call
Jonathan Ellis, Your Honor.
THE COURT: Swear the witness.
THE CLERK: Do you solemnly swear or affirm
the evidence you are about to give will be the
truth, the whole truth, and nothing but the truth?
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1 MR. ELLIS: Yes.
2 DIRECT EXAMINATION
3 BY MR. AUSTRICH:
4
Q. Please state your name for the record.
5 A. Jonathan Ellis.
6 THE COURT: Please --
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MR. DIACO: Your Honor, may I have a moment
8 for Mr. Cannella to come up and take my seat?
9 Judge, I just want to give him an opportunity
10 Here you go, Mr. Cannella. Take my seat.
11 THE COURT: Also, please spell your last name
12 for the record.
13 MR. ELLIS: E-1-l-i-s.
14 THE COURT: You may inquire.
15 MR. AUSTRICH: Thank you, Your Honor.
16 BY MR. AUSTRICH:
17 Q. Can you tell us in your own words what
18 happened on the night of Wednesday, January 23rd?
19 A. Yeah. I think we finished trial here and we
20 went back to -- Phil Campbell and I with our trial team
21 went back to the office. I think we unloaded our
22 stuff, and shortly afterwards Phil Campbell and I
23 agreed that we would meet at Malio's for a -- for a
24 drink.
25 Q. Now, your offices are located in the Bank of
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America Plaza on 101 East Kennedy Street; isn't that
correct?
A. Correct. It's kitty-corner, I think, to
where Malio's is located.
Q. Okay. It's just across the street?
A. Yes.
Q. Did Mr. Campbell have his briefcase on him
when you saw him at Malio's?
A. I don't know.
Q. Okay. When you were at Malio's, did you have
occasion to speak with any members -- any women that
were there?
A. Yeah. I think there were a there was a
woman that was seated to my right when I sat down. I
think there was a seat that was open next to me.
Mr. Campbell sat in that seat about five or ten minutes
later. And then I think about an hour, hour and a
half, two hours later, we wound up having two women
take the seats right next to Mr. Cam -- the seat right
next to Mr. Campbell and the one after that.
Q. And what time was that when they got there?
A. You know, I'm not positive. My guess would
be somewhere between about 7:00 and 8:30, somewhere in
that range. I'm not sure.
Q. These two women, were they brunette, blond?
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A. One was brunette. And I think the other one
was also brunette, but I'm not positive.
Q. And can you estimate their -- how old did
they look to you?
A. You know, probably in their early, mid 30s.
Q. Okay. Did you actually speak to either one
of them?
A. Yes. I --
Q. Which one?
A. Both of them. I think we started talking a
little bit. And I'd asked the one that was seated
right next to Phil, you know, where she had worked, as
the conversation progressed. She indicated that she
was an assistant --
MR. PITISCI: Your Honor, I'm going to
object. This is hearsay. I mean, she's not a
party to the case.
THE COURT: Your objection's overruled.
MR. PITISCI: Okay.
THE COURT: In fact, who's doing the inquiry,
Mr. Hearing or Mr. Diaco?
MR. DIACO: Mr. Cannella
THE COURT: This is on a motion for mistrial.
MR. HEARING: Judge, may we approach?
THE COURT: Yes.
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(At sidebar.)
MR. DIACO: I wasn't involved in these
events.
THE COURT: Sorry?
MR. DIACO: I wasn't involved in these
events. I don't have any cross --
THE COURT: I'm not saying that you were
involved in the events. They have moved for a
mistrial.
MR. DIACO: I understand that.
THE COURT: Mr. Diaco is not a party to the
lawsuit.
MR. DIACO: Pitisci I'm sorry for the
record.
THE COURT: Well, his client is. Mr. Diaco
is not a party to the lawsuit. Mr. Clem is a
party to the lawsuit. You two gentlemen represent
Mr. Clem. He represents Mr. Diaco.
We are here on a motion for a mistrial. We
are not here on any other individual -- individual
action against Mr. Diaco. This is this is a
motion for a mistrial. You gentlemen are the
attorneys.
MR. DIACO: I would just then say for the
record that it's difficult for me to cross-examine
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a witness that I have no knowledge as to what
happened other than what he's going to say here in
court.
THE COURT: Neither do I.
MR. DIACO: Okay.
THE COURT: And this is why we're here.
MR. DIACO: Well, then I
THE COURT: We're here to try to find out
what happened.
MR. DIACO: You should probably do it due
to -- I don't know how we can do it --
MR. AUSTRICH: Just like you do in any other
trial.
MR. DIACO: Excuse me.
MR. AUSTRICH: You conduct
THE COURT: Wait a second.
We don't know -- I don't know what
Mr. Diaco's going to say. I don't know what this
paralegal's going to say.
My office has been contacted by someone who
has information concerning what occurred that
evening, and I don't know what that person is
going to say. That person is going to be making
themselves available if needed.
I understand we have some police officers who
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are under subpoena. I don't have any idea what
they're going to say. But we're going to find
out.
MR. HEARING: Well, Judge, because of the
allegations that Mr. Diaco and I have done
something improper that were made in open court
this morning, Mr. Diaco and I purposely have not
been involved in the process of this since we
learned of this this morning. He and I learned
about this last night, and we have not been
involved in the development of the facts. We
don't know anything about the facts about this.
That will, in fact, come out.
THE COURT: If you gentlemen don't want to
ask questions, that's up to y'all. But we're here
on a motion for a mistrial in the Clem case, and
you're the attorneys for Mr. Clem.
MR. HEARING: And we have different counsel
for the plaintiffs that are now that's now
inquiring and
MR. AUSTRICH: Your Honor, I work
THE COURT: He's with their firm.
MR. AUSTRICH: And not only that, there's a
rule about having primary witness as counsel.
THE COURT: If you have someone else in your
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firm that wants to get involved --
MR. HEARING: Well, we
THE COURT: or someone else in
MR. HEARING: Mr. Pitisci can make an
appearance on behalf of Mr. Clem and make inquiry
as well.
THE COURT: If Mr. Clem authorizes it, that's
fine.
MR. HEARING: We just have to
THE COURT: I want to find out who's
representing whom. Figure it out.
MR. CANNELLA, SR.: Judge, I'm here for one
reason.
THE COURT: I know you are. I understand
that.
MR. AUSTRICH: That's the quickest conflict
check I've ever seen, Your Honor.
THE COURT: You're not on the civil suit.
These gentlemen represent Mr. Clem. You'll have
an Mr. Clem's attorneys, whoever they are, will
have an opportunity to cross-examine any
witnesses.
MR. HEARING: We'll confer.
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THE CO URT: O kay.
M R. H EA RI N G : Thank you.
THE CO URT: All right.
Proceed.
MR. DIACO: May we have a moment to confer,
Judge?
THE COURT: Sure.
MR. DIACO: Your Honor, Mr. Clem is okay with
Mr. Pitisci representing him for the purposes of
this motion.
THE COURT: Is that correct, Mr. Clem?
MR. CLEM: Yes. Yes, Your Honor.
THE COURT: All right, sir.
MR. CLEM: Thank you.
THE COURT: You may proceed.
MR. AUSTRICH: Thank you, Your Honor.
BY MR. AUSTRICH:
Q. Was it the blond or the brunette that made
that representation?
A. I don't think there was a blond. I think
there was a woman who was a brunette and another one
that may have been sort of, you know, light brown or
red or something. I don't know that it was blond. But
it was the brunette that indicated that she worked
for -- sorry. I forget the question that's pending,
Riesdorph Report in g Group, Inc. (813) 222-8963
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sir.
Q. Did either you or Mr. Campbell in your
presence inquire as to where either of the women
worked?
A. We inquired -- or I actually inquired into
where both of them worked.
Q. Okay. And what did
MR. PITISCI: Your Honor, again, this is
complete hearsay. Can I have a standing objection
to all of this hearsay?
MR. PITISCI: Okay.
THE WITNESS: I was -- I was told, which I
think we later learned out was not true, was that
the one woman, the brunette that was sitting
nearest to us, indicated I think she worked for
Nat Carney -- or as Nat Carney's assistant at the
law firm of Trenam Kemker.
BY MR. AUSTRICH:
Q. Just so I'm clear, the brunette told you or
whatever -- the darker-haired lady told you herself
that she was an employee at Trenam Kemker?
A. Yes.
Q. Okay.
A. And her name is Melissa.
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Q. Okay. Did you get a last name from her?
A. I did not that night.
Q. Okay. Did you leave by yourself that
evening?
A. Yes.
Q. Okay. And what was your next occasion to
well, strike that.
Did there come a time when we discovered
that -- that you discovered Mr. Campbell's trial bag
was missing?
A. Yes.
Q. Okay. And did you make inquiry into the
location of it?
A. Yes. When I got back to the office the
following morning, which I think was yesterday morning,
I immediately started looking into the website of
Trenam Kemker to try to figure out Nat Carney's
assistant. I wound up calling that office a few times,
I think, before eight o'clock. And I think at
eight o'clock when the -- I think it was eight o'clock
when the switchboard opened, wound up speaking to the
receptionist, who passed me to Nat Carney's assistant.
And then I left a message for her. But the name I got
for his assistant was substantially different than the
name Melissa. And the voice didn't sound the same.
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1 I then wound up looking to see maybe I
2 misunderstood, it wasn't Nat Carney; it was another
3 Nat. I think I called that Nat at the Trenam Kemker --
4 I forget the last name -- office in Tampa. And that
5 assistant wasn't the -- wasn't the same person in
6 either.
7
Q. Okay. Now, at some point during the day, did
8 you have a conversation with opposing counsel?
9 THE COURT: With whom?
10 MR. AUSTRICH: Strike that, actually.
11 BY MR. AUSTRICH:
12 Q. Did you attend a hearing that morning?
13 A. Yes.
14 Q. And was opposing counsel present at that
15 hearing?
16 A. There were a number of opposing counsel
17 present. I think there was Jay Diaco that was present.
18 Mr. Hearing was present. And then there was
19 Steve Diaco that was in -- seemed to be in the
20 background.
21 Q. Was there any discussion before, during, or
22 after the hearing regarding Mr. Campbell's briefcase?
23 A. There was not discussion -- well, I think
24 there was discussion internally regarding the
25 briefcase. But in terms of with opposing counsel,
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there was no discussion before the hearing. There was
no discussion during the hearing. There was no
discussion I think when we went up to chambers because
we were dealing with jury instructions at that point
about it.
And when I got back to the office shortly
afterwards, I had a call from a from Steve Diaco
at least was the e-mail -- had called me and wanted to
talk. I think the e-mail was from my assistant and had
both his regular number on it and his cell phone
number.
THE COURT: What time was that?
THE WITNESS: I would I don't have the
e-mail in front of me, but it would have been --
my guess is around -- around 2:00-ish, but I could
be a little I could be wrong, Your Honor.
THE COURT: 2:00 p.m.?
THE WITNESS: Around 2:00 p.m. is my guess.
I could try to find the e-mail, if the Court would
want it.
BY MR. AUSTRICH:
Q. Did you return the phone call?
A. I waited about an hour, two hours, maybe
to -- to return the phone call. I think I returned --
or, actually, I returned the phone call I'd say around
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3:00 or I take that back.
I think the message to call Mr. Diaco was at
the office when I got back at about noon or 12:30. And
I think I returned the call around 2:00, somewhere
between I think the 2:00 or 3:00 time period. And
there was a discussion at that point, which I won't get
into the specifics of, dealing with --
Q. Well, that's not important
A. -- dealing with settlement. But that was it.
And I think we each hung up.
Q. Okay. So you actually spoke with
Stephen Diaco?
A. Yes, on -- I think it was on his cell phone
line.
Q.
A.
Q.
And did the subject of the briefcase come up?
Not in that conversation.
Okay. Did you know at that point in time who
might have had the briefcase?
A. I forget the specifics of it. I believe we
were beginning to put together who the person was that
we -- that was sitting next to Phil at Malio's. But I
don't think we had linked it yet to the briefcase or
other things. It was sort of flowing.
Q. Sure. And did you at some point in time
reach a conclusion as to the identity and the employer
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for the young lady, the dark-haired lady who was at
Malio's talking to Phil Campbell?
A. I think somebody in the office asked me, in
showing me a picture of the woman, asked me if this was
the woman and indicated -- and when I thought that it
looked like the woman, first name was Melissa, I think
reached the conclusion shortly after that that she was
employed with the Adams & Diaco firm.
At that point we --
MR. AUSTRICH: Your Honor, may I approach?
THE WITNESS: Yes.
MR. AUSTRICH: Your Honor?
THE COURT: Yes.
BY MR. AUSTRICH:
Q. I've handed you what's been marked as
Plaintiffs' Exhibit 186.
Do you recognize that as a document
containing a picture that you were
MR. PITISCI: Your Honor, we object to
introduction of this into evidence. I mean, this
it.
THE COURT: I haven't heard anybody introduce
MR. PITISCI: Okay. Well, I'm
THE COURT: They marked an exhibit.
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MR. PITISCI: Okay. I'll wait.
BY MR. AUSTRICH:
Q. Do you recognize that as a picture that you
were shown?
A. Yes.
Q. Okay. Is according to the printout on
Exhibit 186 --
THE COURT: Don't discuss the printout.
BY MR. AUSTRICH:
Q. -- who is in the photograph?
A. I --
THE COURT: Other than the name.
MR. AUSTRICH: Let me --
THE WITNESS: Melissa Annette if I'm
pronouncing it correctly -- Personius.
MR. PITISCI: Wait.
BY MR. AUSTRICH:
Q. Okay. And on the second page of the
document, whom does it state that Ms. Personius works
for?
A. I don't see it.
Q. I'm sorry. It must be the -- the very top of
the second page.
A. Adams and --
THE COURT: Just a second. Just a second.
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MR. AUSTRICH: Yes.
BY MR. AUSTRICH:
Q. Could you read the name
THE COURT: You may answer that question.
THE WITNESS: Adams & Diaco, indicates
paralegal, and it gives the address of 101 East
Kennedy, Suite 2175.
BY MR. AUSTRICH:
Q. Okay. And at what point in time did you see
this document?
A. I forget the exact period that we saw the
document. I know that I identified it from the
picture. I'm not sure I was -- identified it for the
firm name other than being informed that it was located
that that was her.
Q. And what did you do then?
A. My guess is around 4:00 -- about 3:30, I
called the Adams & Diaco firm to speak with
Ms. Personius.
Q. Okay. And did you reach her?
A. No.
Q. Then what did you do? Did you leave her a
message?
A. No.
Q. Did you speak with anyone?
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A. I spoke with the receptionist, who indicated
that she would be that she was gone that day, but
she would be back tomorrow.
Q. Meaning today?
A. Yes.
Q. Okay. And then what did you do?
A. Hung up the phone.
Q. Okay. Did you
A. Oh, I forget whether they put me into voice
mail. And I listened to the voice, which was sort of
similar, but hung up without leaving a message.
Q. Did you make any effort to reach Mr. Diaco?
A. It was about half an hour or an hour later, I
think, that --
THE COURT: Which Mr. Diaco?
THE WITNESS: That I called Stephen Diaco
back. And I told him that I believed his
paralegal had Mr. Campbell's briefcase.
BY MR. AUSTRICH:
Q. And how did he respond?
A. Yeah, I know. And that he was -- indicated
that they were after I called, they were in the
process of -- they were going to return it to the
building.
I asked him if he could bring it up to our
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office. He said no, that he didn't know if the office
was going to be open or not and he was just going to
drop it off at the building itself.
Q. Did he indicate who had the bag?
A. I think when I told him I thought the
paralegal had it, the response I got was, I know.
MR. AUSTRICH: No further questions,
Your Honor.
CROSS-EXAMINATION
BY MR. PITISCI:
Q. Now, we're here today to determine the
integrity of that briefcase. You understand that,
correct?
THE COURT: We are here today on a motion for
a mistrial.
MR. PITISCI: Okay.
BY MR. PITISCI:
Q. But for purposes of your questions, we're
here to determine the integrity of the briefcase,
correct?
A. Right here now I'm here to answer your
questions truthfully.
Q. Okay. So do you have any evidence whatsoever
that that briefcase was opened, or are you just making
an allegation? Do you have any evidence for this Court
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that that briefcase was opened by anyone at the Adams &
Diaco firm or any paralegal or any or are you just
making an accusation?
A. I'm not sure what is the accusation --
Q. Well, the inference
A. -- accusation that you're saying.
Q. The inference is that you are saying that
somebody opened the briefcase. Do you have any
evidence whatsoever to that effect?
A. I'm not sure that accusation was made. I
think what I said is that we have grave concern that
the Adams & Diaco firm had possession of that
briefcase.
Q. Okay. I'm going to ask you the question
again.
Do you have any evidence that that briefcase
was opened?
A. You mean do I have any evidence that anybody
at the Adams & Diaco firm opened the briefcase?
Sitting here, I don't know one way or the other.
Q. Okay. And you don't have any idea how the
briefcase got in possession of Adams & Diaco?
A. I have an idea.
Q. You have an idea, but you have no evidence,
correct?
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THE COURT: That's argumentative, counsel.
MR. PITISCI: Okay.
THE COURT: Ask a question.
BY MR. PITISCI:
Q. The briefcase got returned to you, correct?
A. No.
Q. Did it get returned to the firm?
A. I believe it was returned to the building.
Q. Okay. At some point did your firm come into
possession of the trial briefcase?
A. I believe so.
Q. Okay. And that was the day that you talked
to Mr. Diaco, Steve Diaco?
A. Yes.
MR. PITISCI: Okay. That's all I have.
Thank you.
MR. HEARING: Wait. One second.
BY MR. PITISCI:
Q. Do you have any evidence that Mr. Hearing's
law firm, Thompson and Sizemore, had possession of that
briefcase at any point in time?
A. Evidence?
Q. Yes.
A. I mean, I don't know one way or the other
whether Mr. Hearing's firm had possession of the
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briefcase or not.
MR. PITISCI: Okay. Thank you.
MR. AUSTRICH: I just have one follow-up
question, Your Honor.
REDIRECT EXAMINATION
BY MR. AUSTRICH:
Q. What time did Shumaker, Loop & Kendrick
finally obtain possession of the briefcase?
A. I believe it was in the evening, yesterday
evening.
Q. Okay. Thank you.
It was after business hours, correct?
A. I believe it was after business hours.
Your Honor.
THE COURT: Thank you. You may stand down.
MR. ELLIS: Thank you, Your Honor.
THE COURT: Call your next witness.
MR. AUSTRICH: Your Honor, plaintiff calls
Melissa Personius.
MR. ELLIS: I'm going to ask for permission
now to stay in.
THE COURT: Any objection?
MR. DIACO: Yes.
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THE COURT: What's the basis?
MR. DIACO: I'll let you
THE COURT: His testimony is concluded.
MR. PITISCI: I may call him in my case.
MR. DIACO: In rebuttal.
MR. PITISCI: In rebuttal.
THE COURT: Step out.
THE BAILIFF: Counsel, the name one more
time, please?
MR. AUSTRICH: Melissa Personius.
(Mr. Ellis leaves the courtroom.)
(Ms. Personius enters the courtroom.)
THE BAILIFF: Please stand here. Face the
clerk. Raise your right hand.
THE WITNESS: I do.
THE BAILIFF: Please take a seat.
THE COURT: Have a seat, please.
Would you please state your full name and
spell your last name.
THE WITNESS: Melissa Personius,
P-e-r-s-o-n-i-u-s.
THE COURT: Speak into the microphone and
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speak right up.
You may inquire.
DIRECT EXAMINATION
BY MR. AUSTRICH:
Q. Ms. Personius, where are you employed?
A. Adams & Diaco.
Q. And what is your title there?
A. Legal assistant.
Q. How long have you been there?
A. Five years in June.
Q. And who do you report to?
A. Robert Adams.
Q. And what kind of law does he practice?
A. Personal injury and insurance defense.
Q. Okay.
THE COURT: You're going to have to speak up.
THE WITNESS: Okay.
BY MR. AUSTRICH:
Q. Have you ever worked on this case? By that I
mean Mr. Schnitt against Bubba Clem.
A. Over the last five years, briefly, probably
two or three years ago.
Q. Have you ever worked on projects with
Mr. Stephen Diaco or his brother, Mr. Diaco?
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A. Projects on the case?
Q. On anything.
A. Yes.
Q. How about on this case?
A. No.
Q. Did you go to Malio's on the evening of
Wednesday, January 23rd?
A. Yes.
Q. Can you tell us in your own words how you
ended up there and what happened?
A. I went with a friend. We sat at the bar.
Q. And what was your friend's name?
A. Vanessa.
Q. Does she have a last name?
A. Fykes.
Q. I'm sorry. Can you spell that?
A. F-y-k-e-s.
Q. Okay. I'm sorry. I'm asking the questions,
not the guys over there.
Can you tell us what happened in your own
words?
MR. CANNELLA, JR.: Judge, I'm going to have
to object at this point.
I'm going to have to have a conference with
my client before she answers any further question
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on the grounds it may incriminate her.
THE COURT: Go ahead.
Do you wish to step down, Mr. Cannella, so
you can have a private conversation?
MR. CANNELLA, JR.: Yes, sir.
You may step down.
(Counsel conferring with the witness.)
THE COURT: Ask your question.
BY MR. AUSTRICH:
Q. Can you tell us in your own words what
happened that evening?
A. Under advice of counsel, I invoke my right to
the Fifth Amendment.
Q. So you are not prepared to answer any
questions about what happened at Malio's on the evening
of Wednesday, January 23rd, 2013?
A. I invoke my right to the Fifth Amendment.
Q. How about the morning of January 24th, 2013,
can you tell us what happened that morning?
A. In regards to?
Q. Well, when did you first put your hands on
the briefcase that was owned by Mr. Campbell?
A. It was I discovered the briefcase in the
afternoon of the 24th sometime before 3:00 p.m.
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Q. And what did you do once you discovered it?
A. I called my boss and informed him.
Q. Who's your boss?
A. Robert Adams.
Q. Okay. And what did you tell Mr. Adams
exactly?
A. That I had just discovered the briefcase was
in my car.
Q. Okay. And then what did he tell you?
A. He told me not to do anything with it and to
wait and he would inform me what to do.
Q. Was he in the office when you reached him?
A. I don't know.
Q. How did you call him?
A. By -- on my phone.
Q. Okay. Is that a cell phone?
A. Yes.
Q. And you were subpoenaed to bring a cell phone
with you today.
Did you bring your cell phone with you today?
A. I did not.
MR. AUSTRICH: And, for the record,
Your Honor, I don't believe we were able to serve
you.
THE WITNESS: No.
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MR. AUSTRICH: So let me strike that.
BY MR. AUSTRICH:
Q. Why don't you have your cell phone with you
today?
A. I had no reason to have it with me.
Q. No one instructed you not to bring it?
A. No.
Q. Did you call him from your cell phone?
A. Yes.
Q. What's the number for that cell phone?
A. My cell phone?
Q. Yeah.
MR. AUSTRICH: And, if we could, Your Honor,
I don't know if we want this on the air. Can we
put it in the record?
I'm happy if she writes it down, Your Honor.
THE WITNESS: I invoke my right to the Fifth
Amendment.
THE COURT: Pardon me?
THE WITNESS: I invoke my right to the Fifth
Amendment.
BY MR. AUSTRICH:
Q. So you're not willing to share your cell
phone number with us?
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Q. Who is your carrier?
Q. Did you call Mr. James (sic) on his cell
phone or at work, your boss?
Q. He said he'd call you back. What happened
next?
A. I spoke to Brian Motroni, and he informed me
he was coming to pick up the briefcase.
Q. Who is Brian Motroni?
A. An associate at Adams & Diaco.
Q. Can you spell that for me?
A. M-o-t-r-o-n-i.
Q. So Mr. Motroni called you on your cell phone?
Q. Was he at the office when he called you?
A. I do not know.
Q. Where were you at three o'clock on --
yesterday?
A. At my house.
Q. Where is your house?
Q. So Mr. Motroni told you he was coming to get
you?
A. No.
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Q. I'm sorry. What happened next?
A. He was coming to pick up the briefcase.
Q. And did he pick up the briefcase?
A. He did.
Q. Did you hand it to him personally?
A. Yes.
Q. Okay. And to your knowledge, where was he
going with the briefcase?
A. I do not know.
Q. Okay. Who does Mr. Motroni work for at Adams
& Diaco?
A. He works for Adams & Diaco.
Q. Does he ever work with Stephen Diaco?
A. I'm sure he does.
Q. Is he working on this case?
A. I believe so.
Q. Had you opened the briefcase while it was in
your possession?
A. No.
Q. Did you see Mr. Motroni open the briefcase?
A. No.
Q. What discussion did you have with Mr. Motroni
on the phone about the briefcase?
A. No discussion. I informed him I had the
briefcase, and then he said he was coming to get it.
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That's it.
Q. Did he ask you to do anything with the
briefcase?
A. No.
Q. Did he talk did you discuss the briefcase
when he arrived to pick it up?
A. Yes, briefly.
Q. What did you discuss?
A. He was unaware that it was as large as it
was.
Q. Okay.
A. He was under the impression it was a small
notebook briefcase. He wasn't aware that it was a
trial note briefcase.
Q. And would that be more expensive to copy? Is
that why is that what he was reacting to?
MR. PITISCI: Your Honor, I'm going to
object.
THE COURT: Sustained.
BY MR. AUSTRICH:
Q. What was the discussion about the size?
A. Because he was not aware that it was that
briefcase. It was a large briefcase. I think he was
under the impression that it was just a simple notebook
type of briefcase.
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Q. You were aware when you saw the briefcase
whose briefcase it was, isn't that correct, at
three o'clock?
A. Yes.
Q. So when you called your office, your boss,
you told him, I have Phil Campbell's briefcase,
correct?
A. Yes.
Q. What other discussion did you have with
Mr. Motroni about the briefcase?
MR. PITISCI: Again, I'm going to object to
hearsay and have a standing objection to all of
this hearsay. Is that okay with the Court?
Rather than get up every time.
THE COURT: You have a standing objection.
MR. PITISCI: Okay.
THE COURT: Answer the question.
THE WITNESS: What was the question?
BY MR. AUSTRICH:
Q. What was your discussion with Mr. Motroni
other than about the size of the briefcase? What other
discussion did you have with him about the briefcase?
A. Nothing.
Q. Did he advise you what he was going to do
with the briefcase?
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A. NO.
Q. Do you know where he was going with the
briefcase?
A. No.
Q. What did you do the rest of the day?
A. I received a call stating that -- maybe an --
not even an hour later, informing me that I was to
take they were dropping off the briefcase to me and
I was to return it to Shumaker immediately.
Q. Were you told to actually bring it to the law
offices --
A. Yes.
Q. of Shumaker, Loop & Kendrick?
A. Yes.
Q. And what else were you told?
A. Nothing. Just --
Q. Who called you?
A. Brian Motroni.
Q. Okay. I'm sorry. You were about to say
something. I didn't mean to cut you off.
A. No. Brian Motroni.
Q. Was there anything else discussed?
A. No. Just that, to take the briefcase back.
THE COURT: I've got a question.
When did you turn over the briefcase?
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THE WITNESS: At
THE COURT: What time?
THE WITNESS: It was approximately 5:30 when
we dropped it off. I went --
THE COURT: And when did when did you get
the call back about returning the briefcase to
your possession?
THE WITNESS: It was -- I got the call at --
it was maybe 3:30. And they immediately came back
and brought it back to me. It was always in my
possession other than less than an hour.
THE COURT: Proceed.
BY MR. AUSTRICH:
Q. So you got a call from Mr. Motroni that you
were going to be returning the briefcase after he had
possession of it for an hour, you said?
A. Right.
Q. And then what happened?
A. He dropped it off. I called a cab. And I
went to the Bank of America Plaza. And I had the cab
driver -- I walked him to the elevator. I pushed the
button. And I told him when he got out, Hand it to the
front desk and inform them this is the briefcase
they're expecting.
Q. What front desk?
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A. Of Shumaker.
Q. Who told you to return it to Shumaker?
A. Brian Motroni.
Q. Did you ever speak to Stephen Diaco about the
briefcase?
A. Yes.
Q. When?
A. The same time as Brian Motroni.
Q. Okay. So on each of the calls from
Mr. Motroni, Mr. Diaco was on the phone as well?
A. No. Not each of the calls, no.
Q. Which of the calls?
A. I don't recall.
Q. The first call?
A. I don't recall.
Q. Did Mr. Diaco talk to you about the
briefcase?
A. Yes.
Q. What did he say?
A. He wanted to make sure that I had not touched
it, that I had not opened it, that I had not altered it
in any way, that he he wanted to speak to me
personally about what had transpired and to be clear
that nothing had been done to it.
Q. And at what time was that conversation?
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A. At 3:30. Approximately 3:30. I'm not sure.
Q. Who brought the briefcase back to you?
A. Brian Motroni.
Q. By himself?
A. And Stephen Diaco.
Q. They were both in the car?
A. Yes. I --
Q. Well, how did they return it to you?
A. They brought it to my home.
Q. How far is your home from the law offices of
Adams & Diaco?
A. Approximately 15 minutes.
Q. And they were both in the car when they
returned the briefcase to you?
A. I I don't that I don't know. I I
don't know how they arrived. I didn't watch or see
them arrive. So I don't know.
Q. Well, how did they give you the briefcase?
A. They came to my door, and I opened it, and
they put the briefcase in.
Q. So you saw them at your house?
A. Yes.
Q. And they were both there when they handed you
the briefcase back?
A. Yes.
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Q. Okay. Was there -- what was the discussion?
A. Well, Brian Motroni actually put the
briefcase directly into my car.
Q. Okay. And what -- what else happened?
A. Stephen Diaco wasn't there.
That's it.
Q. So Stephen Diaco was not there when the
briefcase --
A. No.
Q. -- was put in your car?
A. Right.
Q. But he was there when they brought it there?
A. Like, he wasn't physically -- he didn't
physically touch the briefcase in my presence.
Q. Okay. What discussions did you have with
Mr. Diaco when he and Mr. Motroni were returning the
briefcase to you?
A. Just to verify that just to verify I
hadn't opened it, I hadn't touched it, that
Q. Well, they had it for the prior hour at that
point, right?
A. I mean, I don't know. Yes. I assume.
Q. And they had already asked you those
questions, I think you said, before; isn't that
correct?
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MR. PITISCI: Object as argumentative.
THE COURT: Overruled.
THE WITNESS: I mean, they wanted to verify
that I had it. I mean, that it hadn't been
touched or opened or altered.
BY MR. AUSTRICH:
Q. Do you know where they were coming from?
A. No.
Q. What were their instructions to you on the
method to return the briefcase?
A. Just to take a cab back to the office and
return it directly to Shumaker.
Q. Why did they instruct you to take a cab?
A. I don't know.
Q. Did they also instruct you to have the cabbie
bring the briefcase up into the building?
A. I mean, I decided that.
Q. Why?
A. Because with the situation at hand, I was not
going up to the office of Shumaker without counsel.
Q. Without whose counsel?
A. Mine. Without
Q. Because you knew at that point you'd done
something wrong, didn't you?
A. No, I did nothing wrong.
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MR. PITISCI: Object.
BY MR. AUSTRICH:
Q. Had you called -- well, strike that.
Did you catch the name of the cabbie that
transported you to the offices?
A. No.
Q. Did you still have possession of your car
that day, yesterday?
A. Did I still have possession of my
Q. Possession of a vehicle?
A. It was at my residence.
Q. You could have driven it to the office
yourself, correct?
A. I -- I assume so. I mean --
Q. Well, I'm asking you. Could you have
driven -- you had the keys and a car at your disposal
to drive into the offices yesterday, correct?
A. Correct.
Q. Yet according to the instructions of
Mr. Diaco and Mr. Motroni, you hired a cabbie to bring
you 15 minutes into town for the purpose of dropping
the bag off downtown?
A. Yes.
Q. Did Mr. Diaco instruct you to meet
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Mr. Campbell on the evening of January 23rd at Malio's?
MR. CANNELLA, JR.: Judge, I object.
And I need to talk to my client before she
answers that question.
THE COURT: You may talk with her,
Mr. Cannella.
THE COURT: Restate the question.
BY MR. AUSTRICH:
Q. Did Mr. Diaco instruct you to meet
Phil Campbell at Malio's that evening?
Q. Did Mr. Diaco instruct you to buy any drinks
for Mr. Campbell that evening?
Q. Did Mr. Diaco instruct you to get
Mr. Campbell to drive your vehicle on the evening of
Q. Did you make any effort personally to contact
anyone at the law offices of Shumaker, Loop & Kendrick
at three o'clock yesterday when you learned that you
had Phil Campbell's trial bag?
A. No.
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Your Honor.
CROSS-EXAMINATION
BY MR. PITISCI:
Q. So as I understand it, you were in possession
of this briefcase the whole time other than the -- what
was it -- one hour that it left your possession and
went with Brian?
A. That's correct.
Q. Okay. And the whole time that it was in your
possession, you never opened it?
A. No, I did not.
Q. And you haven't had any discussions with
trial counsel, which is Jay Diaco and Greg Hearing,
regarding the briefcase or any of this?
A. No.
MR. PITISCI: Okay. That's all I have.
Thank you.
THE WITNESS: Thank you.
Your Honor.
MR. AUSTRICH: Plaintiff calls Steve Diaco.
THE COURT: Do you need her to stay for
possible rebuttal?
MR. PITISCI: Yeah, I'd like her to stay
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depending --
THE COURT: You're not excused at this time.
You have to wait outside.
(Ms. Personius leaves the courtroom.)
THE COURT: Who are you calling?
MR. AUSTRICH: Stephen Diaco, Your Honor.
MR. CANNELLA, SR.: Your Honor, may I bring a
chair over there? My hearing is not real good.
THE COURT: Yes, sir. You sure can.
MR. CANNELLA, SR.: As I grow older, I --
MR. DIACO: Here you go, Mr. Cannella.
MR. CANNELLA, SR.: Thank you, Your Honor.
THE COURT: You're welcome.
(Mr. Stephen Diaco enters the courtroom.)
THE BAILIFF: Stand here for me. Face the
THE WITNESS: I do.
THE BAILIFF: Please take the stand.
THE COURT: Please state your full name and
spell your last name.
Riescl orph Report in g Group, Inc. (813) 222-8963
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THE W I TN ES S : Stephen Diaco, D-i-a-c-o.
THE CO URT: You may inquire.
M R. A U S TRI CH: Thank you, Your Honor.
DI RECT EXAMI N ATI O N
B Y M R. A U S TRI CH :
Q. You' re here under subpoena, aren' t you,
M r. Diaco?
A. I am.
Q. In that subpoena you were also required to
bring your cell phone with you, the cell phone that you
had on you, on your person, on January 23rd and
January 24th; isn't that correct?
A. Actually, it was for this morning. And I do
not have my cell phone with me.
Q. Do you normally not have your cell phone on
you?
A. Not when I'm in court. Sometimes I do;
sometimes I don't. Didn't bring it.
Q. Who's your carrier?
A. I don't recall. My wife handles that.
Q. Okay.
MR. AUSTRICH: If I could have Mr. Diaco tell
us in some fashion that the Court deems adequate
his cell phone number without the whole world
knowing what it is.
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THE W I TN ES S : Certainly. (Complies.)
THE CO URT: W e' l l mark this.
Madam Clerk, let' s have this somehow
marked --
THE CL ERK : Yes, sir.
THE COURT: not to be published.
THE CLERK: Yes, sir.
BY MR. AUSTRICH:
Q. How long has Ms. Personius been an employee
of yours?
A. I can't recall. Years.
Q. Okay. And as of today, she's still your
employee; isn't that correct?
A. She is. She's not been back to our office
since this incident.
Q. What incident?
A. Phil Campbell's arrest for DUI.
Q. Did you instruct Ms. Personius to go to
Malio's on the evening of Wednesday, January 23rd?
MR. CANNELLA, SR.: May I have --
THE WITNESS: No.
MR. CANNELLA, SR.: a moment with my
client, please?
THE COURT: Yes, sir.
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1 MR. CANNELLA, SR.: Thank you, Your Honor.
2 THE COURT: You're welcome.
3 BY MR. AUSTRICH:
4 Q. Would you like to answer the question again?
5 A. I did.
6 Q. Okay. Did you speak with Ms. Personius that
7
evening?
8 A. I don't recall.
9 Q. You don't recall whether your assistant from
i
10 your office called you on the evening not even 48 hours
11 ago from Malio's?
12 A. No. I've been dealing with witnesses and my
13 partners and trial prep, and I've my phone's been
14 blowing up, working 24/7. So, no, I can't recall if
15 she called me.
16 Q. Have you or anyone from your office called
17 the Tampa Police Department regarding any incident
18 any of the incident that you're referring to?
19 A. By advice of counsel, I invoke the Fifth
20 Amendment.
21 Q. When did you first learn that a member of
22 your staff had possession of Mr. Campbell's briefcase?
23 A. Yesterday afternoon.
24 Q. Okay. And how did you learn that?
25 A. Phew. My brain doesn't work like this. I
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don't exactly recall who told me. I believe it was one
of my staff told me.
Q. Okay. And what did you -- what did they tell
you?
A. That they had some of his personal effects or
his -- his case, notebook.
Q. Who is -- what do you mean they? Who's they?
A. One of my staff.
Q. Okay. And what did you do with that
information?
A. I believe I told them to get it.
Q. What time was that?
A. It was in the afternoon. I can't recall.
Q. And when you say get it, that means you knew
it wasn't in the office.
A. In my office?
Q. Yeah.
A. No. It was -- it was at Melissa's home.
Q. Okay. And when did you learn that it was at
Melissa's home?
A. When a staff member told me
Q. Okay.
A. she had his case or notebook.
Q. So a staff member told you in the
afternoon -- yesterday afternoon that an assistant from
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your office had -- that Melissa had Phil Campbell's
briefcase
A. Yes.
Q. -- in her possession?
A. Yes.
Q. And your instructions were to get the
briefcase?
A. Yes.
Q. Okay. What happened next?
A. That staff member got it. That staff member
brought it to the office -- not in the office, left it
in his vehicle. He told me it was not a notebook; it
was a trial case.
I said, Don't touch it. I will go with you
back to her home. I want to talk with her and make
sure she hasn't been inside this case or touched it in
any way.
I went with him in his car back to Melissa's
house. I sat down with her and asked her very directly
had she been in the case, looked in the case, touched
the case. And she indicated she had not.
Q. When did you learn -- or strike that.
When was -- the staff person who told you
this, where were they when they told you that it was a
trial bag?
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A. Where -- say -- I'm sorry. I don't
understand.
Q. Where was this person when they told you it
was a trial bag?
A. They may have told me on the telephone. I
can't recall that. I know I was out of the office and
I came back to the office when I learned that. So it
must have been by I believe he called me.
Q. So he called you en route back to the office
with the bag?
A. He had -- he had come back to the office. He
called me. I came to the office. I told him, We need
to go back to her house with that case.
I got into his vehicle, which had the case in
the backseat of it it had never been brought into
the office or carried in. You know, we're in the Bank
of America building. So it's pretty easy to confirm.
We drove to her house, a house I've never
been to in my life. We sat down with her. We asked
her if she had touched the case or it had been -- had
the case been opened, when -- when did she find out the
case was at her house, which was in the afternoon.
And then I asked her to bring it back to
Phil's office.
Q. And what time was that?
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A. It was late afternoon. I don't know the
exact time.
Q. Okay. And then what did you do?
A. I went back to my office.
Q. Okay. And did you get a call from Mr. Ellist?
A. Mr. Ellis called my phone in the afternoon,
yes, and he asked me about the case. And I said, Yes
my assistant -- or an assistant -- she's not my
assistant -- had it.
And he asked me what was she going to do with
it. And I said she was going to return it and bring ft
to the building and give it to security.
He asked me if she would bring it up to theit
office. I said I would ask her.
And he said when did I know about it, and I
said, This afternoon.
Q. At any point in time did you endeavor to
notify Phil Campbell or anybody at Shumaker, Loop &
Kendrick that you had come into possession of
Phil Campbell's trial bag?
A. Well, I didn't come into possession in the
sense that I wasn't carrying it. I hadn't touched it.
I never laid a finger on it. So as soon as I realized
she had it, I made sure she returned it.
And when Jon asked me a pointed question if 1
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had it, I answered truthfully, Yes.
Q. But up to that point --
A. I didn't have it. She had it. And she was
returning it.
Q. Up to that point, you made no effort,
absolutely no effort to notify anybody at Shumaker,
Loop & Kendrick that a member of your staff had
possession of Phil Campbell's trial bag; is that
correct?
A. No.
THE COURT: Why not?
MR. AUSTRICH: I'm sorry?
THE COURT: Why not?
THE WITNESS: Because I didn't know what to
do with the thing.
THE COURT: Did you know whose briefcase it
was?
THE WITNESS: I assumed it was Phil's.
THE COURT: You assumed?
THE WITNESS: Yes, I assumed.
THE COURT: What made you assume that it was
Mr. Campbell's briefcase?
THE WITNESS: Because he had been in her
vehicle.
THE COURT: Okay. So did you call
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Mr. Campbell's firm and say, I may have counsel's
trial briefcase?
THE WITNESS: It was almost at the same timej.
We were literally had just left
THE COURT: That wasn't my question.
Did you think about calling the firm and
saying --
THE WITNESS: Yeah, I thought about that.
Yes, sir.
THE COURT: Did you do it?
THE WITNESS: He called me as I was
contemplating whether we should call him or she
should call him. I didn't I didn't really know
what to do, Judge.
MR. AUSTRICH: Your Honor, may I approach the
bench?
THE COURT: Yes.
BY MR. AUSTRICH:
Q. I'm going to hand you the Rules of Civil
Procedure. I'm on page 1975. You'll see I've tabbed
for you it's Rule 4-4.4, Section B.
Are you familiar with that code of ethics?
A. No. But I'm reviewing it.
Q. I'll read it in the record. I'm going to ask
you about it.
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A lawyer who receives a document relating to
the representation
MR. PITISCI: Your Honor, I'd object.
BY MR. AUSTRICH:
Q. of the lawyer's client
MR. PITISCI: Your Honor, I'm going to objecft
to this line of questioning.
THE COURT: It's not a question. Counsel's
reading.
MR. PITISCI: Well, do we know what he's
reading?
MR. AUSTRICH: It's on page 1975 of your rule
book.
I can give you another one if you didn't
bring one to court with you.
MR. PITISCI: Okay. This is an improper
venue to ask these types of questions.
THE COURT: He's not asking a question. He's
reading it to me.
MR. PITISCI: It's an improper venue for him
to recite what he's reciting at this venue.
THE COURT: Okay. This is a motion hearing.
It's a motion for mistrial.
Counsel, you may read it to me.
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A lawyer who receives a document relating to
the representation of the lawyer's client and
knows or reasonably should know that the document
was inadvertently sent shall promptly notify the
sender.
THE COURT: All right. Ask your next
question.
BY MR. AUSTRICH:
Q. Isn't this a rule governing all attorneys in
the State of Florida?
A. I -- you know, yes, it is.
Q. Okay. And aren't you an attorney -- you're a
licensed attorney in the State of Florida; isn't that
correct?
A. Yes, I am.
Q. Okay. This is known as the inadvertent
disclosure rule; isn't that correct?
A. I -- I don't know what that -- it says,
Respect for rights of third persons.
Q. Did you even look at the Bar rules when you
realized that your staff member was in possession of
the trial bag?
A. No. Like I said, as soon as I realized it, I
wanted it to -- her to return it. And and at the
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same time, Jon Ellis called me. And I told him we had
it and it was being returned to him.
Q. Okay.
A. It was
Q. Except that
A. It was at that time.
Q. I'm sorry. Go ahead. I didn't want to cut
you
A. That's okay.
Q. There's a big time lapse in there because
actually your -- isn't it Ron -- what's the name,
Ron Motroni?
A. Brian Motroni?
Q. Brian. Is he an attorney in your office?
A. Yes, he is.
Q. Okay. So he had possession of that bag by
3:00, 3:30?
A. Okay.
Q. Okay. And he called you when he knew it
wasn't a notebook or personal effects; isn't that
correct?
A. Yes.
Q. Okay. So he had time to bring that back to
the office.
A. He was back at the office, I believe.
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Q. Okay.
A. I don't know where he was. I wasn't at the
office at the time. I was told, I'm coming to the
office. We're going to return the bag to her so that
she can return it to Phil.
Q. How did you have that conversation?
A. I believe by telephone.
Q. You were on your cell then?
A. Yes.
Q. So you knew before you got back to the office
that, in fact, one of your associates was in possession
of Phil Campbell's trial bag; isn't that correct?
A. Yes.
Q. So in the -- so the time lapse is that you
were on the phone heading back to the office. You know
that an attorney in your office has a trial bag. You
take the time to drive back to the office. Then
apparently you go into the garage to drive all the way
out to Ms. Melissa Personius's home.
A. Yes.
Q. Okay. How long of a drive was that?
A. Twenty minutes.
Q. Twenty minutes.
You had your cell phone at that time?
A. He called me. That's what
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Q. Did you have your cell phone at that time?
A. Jon called me at that time. That's what I'm
saying. Jon called me somewhere around then. It
was -- it was concurrent. It all happened around the
same time.
THE COURT: You mean Mr. Ellis?
THE WITNESS: Excuse me. Yes.
BY MR. AUSTRICH:
Q. Your offices where the bag was located in the
trunk of your associate's car is the same office as
Phil Campbell's; isn't that correct?
A. I don't believe it was in his trunk. I
believe it was in his backseat.
Q. Okay. The -- Mr. Campbell's trial bag was in
the backseat --
A. Yes.
Q. -- of your associate's car, which was parked
in the Bank of America Plaza parking garage; isn't that
correct?
A. Yes. Yes.
Q. Shumaker, Loop & Kendrick's offices are in
the Bank of America Plaza; isn't that correct?
A. Yes.
Q. Footsteps is all that were required to return
the bag to Phil Campbell when you got back to the
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office yesterday; isn't that correct?
A. Yes.
Q. Yet in spite of that, you took it upon
yourself, according to you, to get back in the car
your associate, drive 20 minutes out to
Melissa Personius's home, and then instruct her to
return the car (sic) in a cab; isn't that correct?
A. I didn't want to touch it.
Q. I'm sorry?
A. I didn't want to touch the bag. I didn't
want to I didn't
Q. Did you or did you not drive all the way back
out to her home and instruct your assistant to put th
car to return the car the bag via a cab?
A. Yes.
Q. Why did you do that?
A. Because I didn't want to touch the bag. I
didn't want anyone in my office to touch the bag. She
was the only one that had possession of it. He got it.
I said, You need to return it to her and have
her return it to Phil.
Q. Mr. Motroni had possession of it for an hour^
didn't he?
A. Well, it was in the back of his car.
Q. Well, you weren't with him the whole hour,
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were you?
A. I don't know if he had possession of it for
an hour. He went from her house to the office, and
then he went into the office. He did not bring it in :o
the office. And, to my knowledge, no one touched that
bag or opened that bag or looked at the contents of the
bag. We're ethical lawyers at our practice.
Q. Why then instruct her to return it via a cab
rather
A. Because at the time, I thought that would be
the appropriate thing to do. I didn't want to touch
it, counsel.
Q. I'm sorry. I'm referring to the
Rule 4-4.4(b).
A. I didn't review the rules.
Q. Is there anything in there about touching thk
bag?
A. I didn't review the rules.
Q. It says promptly notify, doesn't it?
A. Excuse me?
Q. It says promptly notify --
A. I don't have it open --
MR. PITISCI: I'm going to object,
argumentive.
THE COURT: Excuse me.
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Sustained.
Next question.
THE WITNESS: This doesn't happen every day.
THE COURT: Excuse me. You're a witness.
THE WITNESS: Yes, sir.
THE COURT: You get to answer questions.
Next question.
BY MR. AUSTRICH:
Q. Mr. Motroni had already touched the bag,
hadn't he, by the time it got to the Bank of America
Plaza parking garage?
A. I assume he had.
Q. Why couldn't he just walk it up to Shumaker,
Loop & Kendrick?
A. You'll have to ask him that.
Q. You instructed him not to.
A. At the time when he got to the office, I
hadn't instructed him to do anything. When I got bac
to the office and he said, It's -- I believe it's
Phil's trial bag, I said, Okay.
Thought about it. I made the decision that
we would return it to Melissa and she would return it
to his office. I didn't want it in our possession. I
didn't want it in our office. I didn't want any of my
attorneys to touch it.
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Q. Did you send Melissa to Malio's Wednesday
night in order to get Phil drunk?
A. No.
Q. Did you call the police?
A. No.
Q. Did you instruct Melissa to get Phil to driv^
her car?
A. No. I invoke --
MR. CANNELLA, SR.: Excuse me. Just a
minute.
May I talk to my client?
THE COURT: Counsel, while he's having that,
approach the bench.
(At sidebar.)
THE COURT: My office has been contacted j[
was not contacted, but my JA was contacted by
someone voluntarily saying that they were there
that night and that if we needed to hear from that
person, he would make himself available. That
person is presently in trial but will step out,
come and give what testimony. I think we're goinijj
to need to hear from that person.
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How long do you think we're going to be on
direct?
MR. AUSTRICH: With that person?
THE COURT: No. With this witness.
MR. AUSTRICH: Oh, I'm almost done with him,
Your Honor.
THE COURT: How long do you think you'll be?
MR. PITISCI: Five minutes.
THE COURT: Okay. All right.
MR. AUSTRICH: I guess to the extent,
Your Honor -- I don't know who the witness is and
this is my motion. We're putting in evidence on
my case --
THE COURT: Well, this Court is going to hav
to rule on your motion.
MR. AUSTRICH: I understand. Can --
THE COURT: And I'll call him as the Court's
witness. His name is Michael Trentalange.
THE COURT: You may proceed.
BY MR. AUSTRICH:
Q. I'm sorry. Was that a no, or are you
pleading the Fifth to that question?
A. I can't remember the question.
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MR. AUSTRICH: Can you read the question?
Actually, I'll repeat. I'll rephrase.
BY MR. AUSTRICH:
Q. Did you speak with Melissa Personius at any
time during the evening of Wednesday, January 23rd?
A. I can't recall that.
Q. Okay. Who is Adam Filthaut?
A. Adam Filthaut?
Q. Filthaut.
A. He's an attorney in my office.
Q. Okay. Have you spoken to Mr. Filthaut about
this case outside of the representation of Clem? In
other words, I'm not looking for a confidence relatin<
to this trial. I'm just have you spoken to him
about Mr. Campbell?
A. Of course.
Q. Okay. Did you speak with him on Wednesday,
January 23rd, about Mr. Campbell?
A. I I can't recall.
Q. How -- did you speak to him in person, or wafs
it on the phone?
A. It was not in person. Would have been on th
phone.
Q. So was it on your cell phone again?
A. If I had a conversation with him, it would
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have had to have been by telephone.
Q. Okay. Did you reach him on his cell phone,
or was he in his office?
A. It would have been after well, I mean, we
work together. We talk all the time. This case is
going on. So, you know, I talk in my office with him
I've talked on the phone with him. We talk a lot.
Q. Did you instruct him --
MR. PITISCI: Your Honor, let me object to
this form of question. I mean, it's irrelevant.
THE COURT: Well, let me hear the next
question.
BY MR. AUSTRICH:
Q. Did you instruct him to call the TPD on
A. I can't recall.
MR. AUSTRICH: I'm sorry. Your Honor,
throughout the questioning, it's my understanding
that the witness is getting hand signals from
counsel table. I think Your Honor's seeing most
of it. But at this point now, he's just flagging
him down.
THE COURT: Well --
MR. AUSTRICH: If this is supposed to be
THE COURT: Mr. Cannella, it's my
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understanding that you don't represent this
gentleman?
MR. CANNELLA, JR.: That's correct, Judge.
THE WITNESS: I've not noticed anything.
THE COURT: I have.
This Mr. Cannella is your attorney.
THE COURT: Please don't make any other
signs.
Ask a question.
BY MR. AUSTRICH:
Q. You don't know whether you instructed
Mr. Filthaut to call the police on Wednesday night?
that your testimony?
A. I don't recall.
Q. But you may have?
A. I don't recall.
Q. What would have been the purpose for you
calling TPD or having him call the TPD on Wednesday,
January 23rd?
A. I didn't call the TPD.
Q. Okay.
A. You have to ask him.
Q. What would have been your purpose in telling
him to call the TPD?
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beyond the scope of the trial bag.
MR. PITISCI: This is beyond the scope of th
trial bag. It's the integrity of the trial bag
that we're here on. So I'm not sure why --
THE COURT: Well --
MR. PITISCI: these questions
THE COURT: it's a little bit more than
the bag.
Overruled.
THE WITNESS: I don't recall the question.
Say it again.
BY MR. AUSTRICH:
Q. You testified that you don't recall whether
or not you told Mr. Filthaut to call the police that
night.
A. Yes.
Q. Why would you have told him to call the
police?
A. I
Mr. Trentalange, would you step out for one
moment, please?
MR. TRENTALANGE: Yes, sir.
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THE WITNESS: I don't recall that I had that
conversation with him.
getting into the criminal realm. This is not --
MR. AUSTRICH: Is his attorney objecting, or
is he pleading the Fifth?
THE COURT: He's here with counsel.
Overruled.
THE WITNESS: What's the question?
BY MR. AUSTRICH:
Q. Did you or did you not tell Mr. Filthaut to
call the police that night?
A. I don't recall having that conversation with
him.
Q. Would anybody else in your office have had
that conversation with him?
A. I I wouldn't I wouldn't be able to say
who in my office spoke with Adam Filthaut.
Q. But somebody else might have?
A. Sure.
Q. For the purpose of having him call the polic
to go to Malio's that night?
A. I wouldn't know what purpose their
conversations were.
Q. Okay.
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THE COURT: Anything further, counsel?
MR. AUSTRICH: Nothing further for this
witness, Your Honor.
THE COURT: Counsel?
CROSS-EXAMINATION
BY MR. PITISCI:
Q. Mr. Diaco, did you even know originally that
it was a trial bag, or did you just think it was
personal effects?
A. Personal effects.
Q. So you didn't even know that it was a trial
bag until sometime later?
A. Yes.
Q. And when you saw that it was a trial bag, yo
freaked out or said, This is -- this could be a
problem --
A. Yes.
Q. and you need to get it back to the guy as
quickly as possible.
A. Yes.
Q. And that's what you did.
A. Correct.
Q. Okay. And you never looked at it and or
inside it, or Brian never looked at it, or no one in
your firm ever looked at it.
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A. Correct.
Q. And so he's read you some rule out of a rule
book that says that you need to promptly get it back [ to
the lawyer. Did you hear that?
A. Yes. And that's what I was attempting to
do
Q. Okay.
A. without touching it or having another
attorney touch it and run it to our office.
Q. And as far as you're concerned, you promptly
as fast as you could, that you felt was reasonable, tb
get it back to his office as soon as you realized that
it was a trial bag --
A. Correct.
Q. -- and not just his personal belongings.
A. Yes.
MR. PITISCI: That's all I have. Thank you.
THE COURT: Anything further?
MR. DIACO: Moment to confer?
MR. PITISCI: Okay.
BY MR. PITISCI:
Q. And at no point in time did trial counsel,
Mr. Hearing or Mr. Jay Diaco, have any involvement in
this or knew about the trial bag at all?
A. They didn't know about it at all until after
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it had been returned. And I thought it was important
that they know that it had been in her car, that we h
returned it. And I explained to them the fashion --
Jay, my brother, in the fashion that I returned it an>
that it was returned to his office and that they were
aware that it had been in her car and that it had bee
returned to them.
Q. And at no point in time did anyone in the
Adams & Diaco firm open the trial bag?
A. Absolutely not.
MR. AUSTRICH: Objection, Your Honor.
There's no foundation for that. He wasn't in the
presence of the bag the whole time.
BY MR. PITISCI:
Q. In your presence.
A. It was never opened in my presence. And I
asked that question of Brian Motroni and
Melissa Personius, and they both said that they hadn'
opened it. They hadn't touched even the locks.
Q. And you never saw trial counsel ever touch
the bag.
A. They didn't see the bag. They didn't touch
the bag. They didn't get anywhere near the bag. And
they didn't even know about it till after the fact.
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MR. PITISCI: Thank you.
THE COURT: He's coming in right now.
You may stand down.
MR. AUSTRICH: Very quick, Your Honor.
THE COURT: Excuse me. Go ahead.
BY MR. AUSTRICH:
Q. Just for clarification, the gentleman,
Mr. Motroni, who had the bag in his car for over an
hour and drove it around town, he's working on this
case, isn't he?
A. A lot of people in my office are and he
including him.
Q. Is he working on this case, Mr. Diaco?
A. Yes. Yes. Our entire office.
Q. He's been in this courtroom several times
this week and last week, hasn't he?
A. Yes.
MR. AUSTRICH: No further questions.
THE COURT: All right. Thank you.
You may stand down.
THE WITNESS: Thank you, Your Honor.
THE COURT: Ask Mr. Trentalange to come in.
MR. CANNELLA, SR.: Is he going to be
excused, Your Honor?
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THE COURT: Do you need him?
MR. AUSTRICH: Actually, Your Honor, he's
under my subpoena, and I don't want to release
just yet.
Could you please have him wait outside?
THE COURT: Mr. Trentalange, please.
(Mr. Stephen Diaco leaves the courtroom.)
THE BAILIFF: It'll be just one moment,
Judge.
MR. AUSTRICH: Your Honor, can we approach
before this witness takes the stand?
THE COURT: Uh-huh.
(At sidebar.)
MR. AUSTRICH: Your Honor, I just -- I just
want to be very clear and to reiterate again that
we're not here on the DUI. And --
THE COURT: No, we're not.
MR. AUSTRICH: I don't know what he's
going to say. I don't know what testimony --
THE COURT: I'm going to make inquiry.
MR. AUSTRICH: Okay.
THE COURT: He's being called as the Court's
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witness.
THE COURT: I'll make inquiry. I'll limit if:
to what I need to know.
(Mr. Trentalange enters the courtroom.)
THE BAILIFF: Please stand here for me, face
the clerk, and raise your right hand.
truth, the whole truth, and nothing but the truth]?
THE WITNESS: I do.
THE WITNESS: Good afternoon, Your Honor.
THE COURT: Good afternoon.
Counsel, if you'd be kind enough to please
state your full name and spell your last name for
the record.
THE WITNESS: My name is Michael J.
Trentalange, T-r-e-n-t-a-1-a-n-g-e.
THE COURT: Mr. Trentalange, you're an
attorney?
THE WITNESS: I am, Your Honor.
THE COURT: And it's my understanding you're
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presently in another trial?
THE WITNESS: I am, Your Honor.
THE COURT: Okay. We'll try to keep this as
brief as possible.
THE WITNESS: Thank you, sir.
THE COURT: I want to draw your attention
I believe you learned some circumstances about
this hearing sometime today?
THE WITNESS: I did.
THE COURT: And it's my understanding that
you're not under any subpoena and that you
contacted my judicial assistant?
THE WITNESS: I did.
THE COURT: Okay. Mr. Trentalange, on the
23rd, in the afternoon or early evening, did you
have occasion to be at Malio's?
THE WITNESS: I did. It was the evening,
sometime after seven -- around eight o'clock,
between eight -- I'll tell you, it was sometime
after a meeting broke up after our trial. I can'
exactly place the time that I got there, but it
was in the evening. It was dark outside, between
7:30 and 8:15 or so.
THE COURT: Do you know Mr. Philip Campbell?
THE WITNESS: I do.
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THE COURT: Did you see him there that night
THE COURT: Was Mr. Ellis there?
THE WITNESS: I just met Mr. Ellis that
night, and I'm assuming he was the -- I can't
swear to his name. But he introduced himself, an<fi
I think it was Mr. Ellis.
THE COURT: Okay. Can you tell me, we are
not -- we are not here trying a DUI.
THE WITNESS: Right.
THE COURT: We are here on a motion for new
trial -- or excuse me -- a motion for mistrial.
Would you be kind enough to please confine
yourself to the conversation that you may have
overheard. Would you please tell me what, if
anything, you heard in the way of conversation --
not attorney/client privilege, but a conversation
between Mr. Campbell and a female.
THE WITNESS: Well, I can tell you the
circumstances in pretty good detail.
And, again, just to state the obvious, I'm
not looking to get in the middle of anything in
this case. I don't have an ax to grind against
anybody. I know both of the attorneys involved i \ n
the case, and both sides are excellent attorneys.
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But just based on that evening, I was at the
bar, and I ran into Mr. Campbell. At the time,
Mr. Ellis I guess is his name -- was seated to
Mr. Campbell's right, and I had a conversation
with him. I was introduced to him. There was a
fellow attorney that I knew, a female attorney,
that ran into us. I introduced her to
Mr. Campbell and Mr. Ellis. Mr. Ellis knew an
attorney at that attorney's law firm. They talke^l
about him briefly. I talked to Mr. Campbell.
At some point, Mr. Ellis had to leave. And
took his seat to the right of Mr. Campbell. And
there were two women seated to Mr. Campbell's
left. And I didn't just overhear a conversation;
I participated in the conversation.
THE COURT: Was one of those ladies a
dark-haired lady?
THE WITNESS: There was one lady who was ver
attractive and -- dark-haired lady. The one to
her left really didn't participate in the
conversation at all. And it was Mr. Campbell, me
and the dark-haired lady.
She was Latin appearing. And I engaged her
in a conversation. I asked her if she spoke
Spanish, and she told me that she didn't. And we
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got into a whole conversation about her
background. She told me that she was half
Honduran and half Puerto Rican. She told me about
going to Puerto Rico and going to a Burger King
and they assumed that she spoke Spanish and she
didn't and, you know, just kind of relayed that
story. So there was a clear conversation.
And she told me that she worked I can't
remember the name of the firm. She told me she
worked at a family law firm and that previous to
that she had worked at Trenam Kemker, or whatever
iteration of Trenam it was. I can't tell you tha
I know whether she represented that she was
presently in the family law firm. I got the
impression that she was, because we talked about
fellow named Ben Older, who represents my ex-wife
And so we talked about Ben Older, and she told me
what a nice guy he was.
During the course of this conversation, you
know, Mr. Campbell is interjecting as well and
participating and just making small talk.
And I remember at one point that drinks
appeared that the lady had bought. And I drink
scotch. They weren't scotch. They were kind
of now I'm on the record saying I drink scotch
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That's great.
They they were I thought they were
tequila. But they were some kind of, you know,
odd drink. And I asked her what was in them, and
she said Southern Comfort, some kind of Southern
Comfort drink. I didn't have any.
And that's you know, I remember at some
point after that, Mr. Campbell -- I can't remembe
whether he suggested it or the lady asked him to
walk her to the garage.
And then he left, and I left shortly after.
I can tell you I know the time that I left,
because I got in the car and I had not eaten
dinner and I was going to a restaurant, Caffe
Paradiso, and I called them at ten to 10:00 to se
if they were still open. So --
THE COURT: Was that the only occasion in
which drinks arrived that were not purchased by
you or Mr. Campbell? I'm not asking how many
drinks --
THE WITNESS: To my
THE COURT: anybody had or
THE WITNESS: To my knowledge, that's the
only time.
THE COURT: That's the only time.
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THE WITNESS: I don't know what happened
before I got there, but while I was there, that
was it.
THE COURT: Okay.
Do you wish to inquire?
MR. AUSTRICH: Was the law firm that
Ms. Personius said that she worked for Older &
Lundy?
MR. AUSTRICH: Okay. And she told you that
she worked at Older & Lundy that evening?
THE WITNESS: I can't tell you whether she
told me that she's currently working for Older &
Lundy for sure. That was the impression that I
got, because we talked about current events and
people there and she told me that they just
brought on somebody -- I forget his name -- to do
personal injury. I do personal injury. And we --
she told me that they're starting to market that
area. So I got the impression that she was
working at Older & Lundy.
MR. AUSTRICH: Okay.
THE COURT: I've got another question.
At any time during the discussion, did you o(r
Mr. Campbell relate what trials you were working
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on?
THE COURT: You both did?
THE COURT: To her?
THE WITNESS: Not to her -- well, I can't
tell you to her. Actually, I do think that Mr. -
Mr. Campbell related to her that I was involved i
the tobacco trial, which is the trial that's goin|g
on. And Mr. Campbell clearly -- you know, we wer
talking about what was going on with his case.
And it was clearly, you know, this case.
He was telling me about some difficulties
that he was having --
THE COURT: All right. Please don't get
any --
THE WITNESS: No.
THE COURT: -- details --
THE WITNESS: Yeah. No. But, I mean --
THE COURT: -- about the case.
THE WITNESS: Well, not about the case. We
talked about just what's going on in our lives
basically.
THE COURT: I see.
THE WITNESS: And he told me about the case.
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MR. AUSTRICH: Objection, Your Honor. To th
extent we're going to get into that, I don't thinjk
any of that is relevant, Your Honor.
THE COURT: My only question is, did
Mr. Campbell state in her presence the case that
he was litigating?
THE COURT: On how many different times was
it mentioned or discussed, without getting into
the details of the discussion?
THE WITNESS: That's a tough question to
answer, because it was like one streaming thing,
you know.
THE COURT: Okay.
THE WITNESS: It was not, I'm in a case. It
was a topic of discussion. And, you know, I'm in
a case, too. So we basically both vented about
our cases to each other for a little bit. I
listened to him. He listened to me. And, you
know, not -- at this time, I'm seated to his
right. So he's turned. So I can't tell you how
much the woman overheard. It's a bar. There's
noise going on. So --
THE COURT: Uh-huh.
THE WITNESS: you know, I can't tell you.
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But I can tell you that he certainly introduced m
to her and told her that I was involved in that -
in the tobacco case. And that was directly -- yo
know, that was a face-to-face with him in between
I'm looking at her, and he told me he told her
who I was and what I was doing and that I was a
lawyer, too.
MR. AUSTRICH: Were there TVs that were
within sight of where you were sitting?
THE WITNESS: It's the bar at Malio's. I
think so, yeah.
MR. AUSTRICH: Okay. So there could have
been news broadcasts up on the TV, or did you see
any news broadcasts on the TV?
THE WITNESS: I can't swear to what was on
the TV. I mean, typically I'd be in my mind,
I'd be replaying what I've seen. If it's
SportsCenter or something, I'd pay attention to
it. But I don't remember.
MR. AUSTRICH: At no time during the evening
did you hear Melissa Personius, the brunette lady
that you were speaking to, state that she worked
at Adam & Diaco, did you?
THE WITNESS: No, sir.
MR. AUSTRICH: Did she buy those drinks that
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you said showed up?
THE WITNESS: I can't tell you for sure, but
I know I didn't buy them and Mr. Campbell didn't
buy them and they appeared.
THE COURT: Counsel?
MR. PITISCI: Are you aware that
Phil Campbell bought Melissa drinks?
THE WITNESS: I don't know, but I can tell
you that I didn't pay for my drink. So he he
bought my drink.
MR. PITISCI: Okay. Did it look to you that
he was very, very, very friendly with Melissa?
THE COURT: Relevancy?
MR. PITISCI: Uh-huh. Well, I mean
MR. PITISCI: they're getting into the
why they were there. He just went through a whol^
series of why they were there. So I'm
establishing that the reason that Mr. Campbell
there was he was being friendly with Melissa and
more things happened than just what he saw.
THE COURT: Okay. Ask your question.
MR. PITISCI: Okay.
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Did it appear to you --
MR. AUSTRICH: If I can, Your Honor, for the
record
THE COURT: I want to hear a question first.
MR. AUSTRICH: Okay.
MR. PITISCI: Did it appear to you that
Mr. Campbell was being overly friendly to Melissa
and they were drinking together?
There's lack of predicate, lack of foundation. I
don't know what he means by --
THE COURT: Approach the bench.
(At sidebar.)
THE COURT: Give me some direction where
you're going with this.
MR. PITISCI: Well, Your Honor, when you
started asking him questions, it appeared to me
that the Court was trying to figure out what was
the purpose of Melissa being there.
THE COURT: No.
MR. PITISCI: And
THE COURT: My questions dealt with first
of all, I didn't know what Mr. Trentalange knew o
did not know, because when he appeared in my
office to talk to my JA to say that he was there
R i e s d o r p h Report in g Group, Inc. (813) 222-8963
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that night, he did not give any indication -- as
far as I know, he didn't give any indication to m
JA, because I had no idea what he was going to
testify to because I've not talked with
Mr. Trentalange. I just knew that he appeared in
my office and said he had some information and
that he would make himself available if we needec
to call him.
My concern was twofold. Number one, did
Mr. Campbell indicate to her in some way, shape,
or form during the conversation of what case he
was on. Okay? And the second thing is, I asked
the question whether she bought any drinks or any
drinks were purchased not by Mr. Trentalange or
Mr. Campbell. That was it.
MR. PITISCI: Okay. But when you asked that
particular question, as long as the Court
understands that they were very, very friendly
that night. Mr. Campbell asked her to go to his
apartment.
There's been no testimony --
THE COURT: We're not --
MR. PITISCI: So that's --
THE COURT: We
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MR. PITISCI: But when they're drinking,
that's what's going on there.
THE COURT: We are not getting
MR. PITISCI: And he's married.
THE COURT: into the details of how many
drinks anybody had. We are not getting into any
other additional details to -- concerning the
conversation other than who somebody worked for,
what case they were working on. That's what we'r
dealing with. This is
MR. PITISCI: Okay.
THE COURT: a limited inquiry.
MR. PITISCI: Okay. But I want to make sure
that the Court is aware that Mr. Campbell Googled
himself to impress
MR. AUSTRICH: I am going to object to the
next statement being made, Your Honor.
MR. PITISCI: to impress
THE COURT: You keep your voice down.
MR. PITISCI: He Googled himself to impress
the girl. There is a whole --
THE COURT: So, who cares?
MR. AUSTRICH: We asked her; she pleaded the
Fifth.
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THE COURT: That's not the reason.
MR. PITISCI: Well, I want to make sure that
if the Court is listening to him say, you know,
this girl somehow was trying to elicit
testimony -- or elicit his impressions of the
case --
MR. AUSTRICH: She didn't testify to that,
Your Honor.
THE COURT: I never asked that question.
MR. PITISCI: Okay.
THE COURT: I asked the question whether
Mr. Campbell disclosed what case he was on, not
that she was trying to elicit anything from him.
MR. PITISCI: Okay. Then I won't follow up.
THE COURT: My sole question, counsel, was
did Mr. Campbell indicate in some way, shape, or
form the case he was on.
MR. PITISCI: Okay.
THE COURT: And Mr. Trentalange said yes.
MR. PITISCI: Okay. But --
THE COURT: You got me?
MR. PITISCI: But I don't need to --
MR. PITISCI: follow up on that?
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MR. PITISCI: Do I not need to follow up on
that?
THE COURT: On what? With what?
MR. PITISCI: Well, I mean, you
THE COURT: What's your next question?
MR. PITISCI: Well --
(Counsel conferring.)
MR. PITISCI: Right.
I mean -- well --
THE COURT: Follow up with what?
MR. PITISCI: All I'm trying to inquire is
that the fact that she knew what case it was.
That's the only thing the Court is requesting
information on.
THE COURT: I wanted to know if she knew wha
case it was and whether it was the same person
that was here earlier and whether she bought any
drinks.
I did not ask for any conversation that woulî
deal with attorney/client privilege. I did not
ask the witness to get into any details of the
conversation other than to generally indicate
whether they talked about what case they were
trying. And that was it.
MR. PITISCI: Okay.
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MR. AUSTRICH: If I can, Your Honor, just to
correct the record --
THE COURT: And where she worked, where she
indicated that she worked.
MR. PITISCI: Can I ask him whether it
appeared that Melissa attempted to force drinks
down him? Because that was the implication, I
mean, that she bought drinks for him.
MR. AUSTRICH: We're not here on DUI.
THE COURT: He didn't say who bought the
drinks. He just said that he and Mr. Campbell di
not buy the drinks. He didn't say that she bough
them.
MR. PITISCI: Okay.
MR. AUSTRICH: If I can, Your Honor, for the
record, Mr. Campbell's been separated for some
time now. So the reference to him being married
is completely irrelevant.
THE COURT: Well, I we're not going to go
there.
MR. AUSTRICH: Oh, I understand, but --
THE COURT: That's not the purpose of this -
MR. AUSTRICH: Agreed.
THE COURT: -- hearing.
MR. AUSTRICH: Agreed.
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THE COURT: So where are you going now?
MR. PITISCI: There's there's I'm goin
to ask a couple more questions on whether he know
anything about the briefcase, which I don't think
he does.
THE COURT: Okay.
THE WITNESS: Do you want me to answer the
question about --
THE COURT: No.
MR. PITISCI: You didn't inspect any bill
about who was buying drinks that particular night
THE WITNESS: I'm sorry. I didn't what?
MR. PITISCI: You didn't inspect a bill to
see who was buying drinks that particular night.
THE WITNESS: Actually, I gave my credit card
to the bartender, and she gave it back. And I
think Mr. Campbell bought my drink.
MR. PITISCI: Okay.
THE WITNESS: Because my card went back. I
didn't see any bill -- I actually can't remember
whether I saw any bill or not. I don't -- I don'
remember seeing a bill. But I know I didn't pay.
So --
MR. PITISCI: And you don't you're not
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sure who paid?
THE WITNESS: I'm pretty sure Mr. Campbell
paid for my drink.
MR. PITISCI: Okay.
THE WITNESS: Because, I mean, not to be
cute, but if a girl bought me a drink, I'd hang
around. Okay?
MR. PITISCI: And you have no knowledge of
any trial briefcase?
THE WITNESS: No, sir. I mean, that's
correct. I have no knowledge of any trial
briefcase.
MR. PITISCI: Thank you. I've got no furthe
questions.
THE COURT: Thank you, Mr. Trentalange.
THE WITNESS: Thank you, Your Honor.
THE COURT: Sorry to disturb you from your
trial.
THE WITNESS: No problem, sir.
THE COURT: Thank you.
(Mr. Trentalange leaves the courtroom.)
THE COURT: Who's your next witness?
MR. AUSTRICH: Your Honor, we're going to
call Officer Fernandez from the Tampa Police
Department.
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MR. PITISCI: Your Honor, again, I'd like to
approach.
THE COURT: Sure.
(At sidebar.)
MR. PITISCI: If we're now getting into
THE COURT: We are not getting into the
details of the arrest.
MR. PITISCI: And we're not getting into the
details of anything to do with the DUI, correct?
THE COURT: We are not getting into any
details of the arrest.
MR. PITISCI: What about the what about
the events that led up to the arrest? What is th
relevancy of --
THE COURT: I think it may be appropriate to
find out whether this gentleman received any phon^
calls to go to a certain place for a certain
purpose.
MR. PITISCI: But what is the relevancy to
the trial?
THE COURT: I don't know. We're going to
find out.
(Officer Fernandez enters the courtroom.)
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THE BAILIFF: Please stand here for me. Fac
the clerk. Raise your right hand.
truth, the whole truth, and nothing but the truth
THE WITNESS: Yes, ma'am.
THE COURT: Is it Sergeant?
THE COURT: Good afternoon.
THE WITNESS: Good afternoon.
THE COURT: Sergeant, if you would be kind
enough to please state your full name and spell
your last name.
THE WITNESS: It's Raymond Fernandez,
spelling F-e-r-n-a-n-d-e-z.
THE COURT: You may inquire.
DIRECT EXAMINATION
BY MR. AUSTRICH:
Q. How long have you been with the Tampa Police
Department, Sergeant?
A. Approximately 18 and a half years.
Q. And what is your current rank?
A. I I'm sergeant. I supervise our DUI
enforcement unit.
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Q. Okay. Were you how long have you been
sergeant?
A. I've been a sergeant since -- I think it's
been seven years now. I've been on the DUI force uni~:
total about 15 years.
Q. Okay. And as part of your duties, are you ifi
charge of any DUI activity, I'11 say, for downtown
Tampa?
A. I'm in charge of DUI activity throughout the
entire city. So I handle all police deployments and
everything.
Q. Did you have occasion to receive a phone call
on Wednesday, August 23rd, regarding Phil Campbell?
A. Yes, I did.
Q. Can you describe the nature of that phone
call?
MR. PITISCI: Again, I would object as to
relevancy to this trial bag.
THE WITNESS: I'm sorry, sir?
BY MR. AUSTRICH:
Q. Can you describe the nature of the phone
call, who was it from, what time, what the
circumstances were?
A. Yes, sir. I received a phone call from an
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attorney that worked downtown at the Bank of America
named Adam Filthaut. He notified me that a gentleman
that works in his building gave me the name and
description of a car -- was at Malio's; he was
drinking.
I had received this phone call prior to -- a
month prior also, where we also tried to locate that
defendant and we didn't.
Q. Okay. And Mr. Filthaut, do you know him?
A. He's my son's godfather. We've been friends
for quite a while, yes, sir.
Q. Okay. And do you know where he works?
A. I know he works for a law firm. Honestly,
I've heard the name Diaco, but I really I couldn't
tell you what he does other than I heard Progressive at
some point.
Q. What time did you receive that phone call on
the evening of August 23rd -- I'm sorry --
January 23rd?
A. I'm having to estimate, sir. My squad comes
in about seven o'clock. I know everybody had just
gotten there. So I was in my office. I'm guessing i
was 7:30, 7:45.
Q. Okay. And then what did you do with that
information?
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A. I had two of my guys that were sitting in th
room. I instantly passed the information off to them
One of my officers actually went out to that location
where we thought he may possibly drive from and sat o
that location to see if we'd have a drunk driver
leaving.
Q. And if I can, you got the call directly on
your phone, correct?
A. I got the call directly, yes, sir.
Q. That did not come through dispatch or 911 or
anything like that?
A. No, sir. I got the call directly.
Q. And then what happened when you sent your
boys down there?
A. My officers went out, and he wolfpacked for
while --
THE COURT: Sergeant, we're not trying a DUI
here.
THE WITNESS: I understand.
THE COURT: Okay? This is not a criminal
proceeding.
THE COURT: This is a civil proceeding.
We're not going to get into any further details o
any arrest.
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MR. AUSTRICH: If I can well, can we
approach, Your Honor?
THE COURT: Uh-huh.
(At sidebar.)
MR. AUSTRICH: Your Honor, I think it's
significant the time when the arrest was made.
MR. AUSTRICH: I think the time is
significant because the call --
THE COURT: Of the arrest?
MR. AUSTRICH: Yeah. The call was at a
quarter to 8:00, but he just said the arrest
wasn't until 10:15.
THE COURT: I'll allow you to ask if he know
the time of the arrest.
MR. AUSTRICH: Okay.
THE COURT: What else?
MR. AUSTRICH: That's it.
THE COURT: I'll ask the question.
Sergeant, the phone call came at what time?
THE WITNESS: Like I said, sir, it was
probably 7:45, somewhere in that area. I don't
recall exact time because I was in my office. I
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know my guys were all there, and they get there a
seven o'clock. Some guys were doing paperwork anjd
stuff.
THE COURT: Do you know the time of the
arrest of Mr. Campbell?
THE WITNESS: I don't know the exact time,
sir. I'm actually the one that made the stop. S
I'd have to go back and look at a report. I don
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know. Because I know I went to dinner, and then
came back. And my guys we were wolfpacking th
area. So
THE COURT: Would the booking document
reflect the exact time of the arrest?
THE WITNESS: It should, yes, sir.
MR. AUSTRICH: One more question, Your Honor
BY MR. AUSTRICH:
Q. Did you receive any other phone calls from
Mr. Filthaut or anybody at Adams & Diaco that evening
A. I didn't talk to him after the arrest, no,
sir.
Q. What about before?
A. I actually notified him when I made the
arrest because --
Q. But did you speak to anybody at Mr. Diaco's
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office before the arrest?
A. Mr. Diaco's office?
Q. Mr. Filthaut. Did you speak to Mr. Filthaut
again that evening after he called you?
A. No, sir. I mean, I actually went home later
that night and --
MR. AUSTRICH: Okay.
THE COURT: Does he know that you're in
charge of all the DUIs in Tampa?
MR. AUSTRICH: By him, you mean Mr. Filthaut
Your Honor?
THE COURT: Yes.
THE WITNESS: Most definitely, sir. We've
been friends for quite a while.
THE COURT: Okay. Great. Thank you.
Counsel?
CROSS-EXAMINATION
BY MR. PITISCI:
Q. As I understand it, it's your -- what do the
call it -- your wolfpack unit is devised of officers
protect the public from DUIs; is that correct?
A. That's what we respond to. We get
intelligence, and that's what we act on.
Q. Okay. And your intelligence would be tips
from other individuals or people or -- that, you know
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somebody was driving in --
A. I get phone calls from people. I get phone
calls from bar managers. I get letters. I get
pictures. I get all kinds of stuff that comes in as
intelligence that we act on.
Q. So nothing was inappropriate when you got
this phone call?
A. To me, it wasn't inappropriate at the time,
no. I was acting on an act of somebody that I though
was a drunk driver at a location.
MR. PITISCI: Okay. No further questions.
Thank you.
THE COURT: Anything further?
BY MR. AUSTRICH:
Q. The phone call that you got at quarter to
8:00, did anybody see Mr. Campbell in a car?
MR. PITISCI: That's outside the scope.
MR. AUSTRICH: Strike that.
BY MR. AUSTRICH:
Q. Were you told that he was seen in a car?
As to that second question, I'll permit it.
THE WITNESS: I'm sorry, sir?
BY MR. AUSTRICH:
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Q. When you got the call from Mr. Filthaut, did
he tell you that he had seen Mr. Campbell in a car?
A. No. What he told me was that this guy goes
to Malio's and drinks and then he drives home.
So, like last time
Q. You've never observed Mr. Campbell driving
home drunk from --
A. I never knew Mr. Campbell before I stopped
him.
MR. AUSTRICH: Your Honor, can I show the
sergeant the copy to refresh his recollection on
the time of the arrest?
THE COURT: That would be fine.
Would that refresh your recollection?
THE WITNESS: I didn't write the ticket, but
I'm sure it'll help, sir.
THE COURT: Okay. You may show it to him.
MR. PITISCI: May I have my standing
objection to hearsay?
It's not a trial. This is a motion.
BY MR. AUSTRICH:
Q. From the document I've just handed you, can
you tell us what time Mr. Campbell was actually pulled
over?
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A. Because the ticket was written by another
officer, sir -- and normally my protocol is the time
that actually goes in the box is the time you actuall
put the handcuffs on. But I don't know what Officer
McGinnis did without asking him. The time says
10:08 p.m. So it's either 10:08 is the time I stoppefd
him or 10:08 was the time we put the handcuffs on. S
we may be talking about a ten- or 15-minute differenc
Q. Okay. So around ten o'clock would be fair?
A. That's correct, sir.
Q. So that's over two hours after you got the
call; isn't that correct?
A. Yes, sir.
THE COURT: Okay.
Thank you very much, Sergeant. Have a nice
day.
THE COURT: You're excused.
THE COURT: Any reason to keep the sergeant
here?
MR. AUSTRICH: No, Your Honor.
MR. DIACO: No, Your Honor.
THE COURT: You're excused, sir.
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THE WITNESS: Thank you, sir.
(Officer Fernandez was excused.)
THE COURT: Who else do you have?
MR. AUSTRICH: May I have a moment,
Your Honor, very brief?
MR. AUSTRICH: We have no further witnesses,
Your Honor.
THE COURT: Do you wish to call any
witnesses --
MR. PITISCI: I want --
THE COURT: -- present any evidence?
MR. PITISCI: Excuse me?
THE COURT: Do you wish to present anything,
sir?
MR. PITISCI: I'd like to call Melissa back
to the stand.
THE COURT: Okay.
(Ms. Personius returns to the courtroom.)
THE COURT: Please have a seat again. I'll
remind you you're still under oath.
You may inquire.
DIRECT EXAMINATION
BY MR. PITISCI:
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Q. Melissa, there's been some testimony during
this hearing that you have given --
Is Mr. Cannella here?
MR. CANNELLA, JR.: Yes, Judge.
THE COURT: Oh, I'm sorry. I couldn't see
you from the monitor.
BY MR. PITISCI:
Q. -- that you have given people at restaurants
misinformation about where you worked. And isn't it
true that you --
BY MR. PITISCI:
Q. -- give that misinformation --
THE COURT: Counsel, this is your witness.
You're leading.
MR. AUSTRICH: Not only that
THE COURT: Sustain the objection.
Don't lead.
BY MR. PITISCI:
Q. Why do you give -- Melissa, why do you
give --
BY MR. PITISCI:
Q. -- people a different place
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THE COURT: That's leading, counsel.
BY MR. PITISCI:
Q. -- of where you work?
THE COURT: Ask a question that's not
leading.
MR. PITISCI: Okay.
THE WITNESS: I give
Ask a question that is not leading.
BY MR. PITISCI:
Q. Have you ever given someone a different plac
of where you work?
A. Yes.
Q. Why?
A. Because as a single woman, if I give my
personal information to someone I just meet, they coufld
potentially contact me, look for me, go online. I
mean, you could have a stalker. I mean, you don't gi
your personal true information to anybody that you
don't know.
MR. PITISCI: No further questions. Thank
you.
THE COURT: Do you have anything?
CROSS-EXAMINATION
BY MR. AUSTRICH:
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Q. At any point in time that evening did you
tell Mr. Campbell where you actually worked?
A. No.
Q. You knew he worked at Shumaker, Loop &
Kendrick, didn't you?
MR. PITISCI: Your Honor, it's outside the
scope. I asked her one question.
Answer the question.
BY MR. AUSTRICH:
Q. You can't look to them, ma'am. You have to
look to me or the judge.
THE COURT: Are you going to answer the
question?
Answer the question.
THE WITNESS: What was the question?
BY MR. AUSTRICH:
Q. At any point in time that evening, did you
inform Mr. Campbell that you worked at Adam & Diaco?
A. No.
Q. And you knew that he was the lead trial
counsel on this case; isn't that correct?
A. I plead the Fifth.
THE WITNESS: I plead the Fifth.
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MR. AUSTRICH: She pleads the Fifth.
BY MR. AUSTRICH:
Q. Wasn't it on the TV at the bar that evening?
A. I don't recall.
Q. Didn't you discuss with Mr. Campbell what
this trial -- that he was on this case?
A. I don't recall.
Q. What time were you called to appear on Bubba
the Love Sponge --
MR. PITISCI: Your Honor --
BY MR. AUSTRICH:
Q. -- Show on Wednesday morning -- I'm sorry --
Thursday morning, January 24th?
MR. PITISCI: Your Honor, this is way outsid^
the scope. I called her for one question.
This is not a trial, counsel.
MR. PITISCI: I understand.
THE COURT: This is a motion
MR. PITISCI: I wouldn't have called her if
he was going to be able to redirect her and
recross her. I mean, I called her for one
question. There's got to be some rule that allow^
me to make a decision whether I'm going to call a
witness or not.
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THE COURT: Approach the bench.
(At sidebar.)
THE COURT: I have to make a very serious,
extremely important ruling that could affect thre
different parties and could affect attorneys in
this case. I want to make the right ruling.
Now, if she takes the Fifth on certain
questions, that so be it. But if there's
additional information that I need to know to be
able to make the correct ruling, I want to hear
it.
MR. PITISCI: I just want to make sure that
my objection's on the record. I wouldn't have
called her if he was going to be able to recross
her and redirect her and
THE COURT: So what are you going to ask?
MR. PITISCI: I wouldn't have done it.
MR. AUSTRICH: I just learned, Your Honor,
that she was on the Bubba the Love Sponge Show th
next morning when she claims to have been out of
commission with Mr. Campbell's briefcase in her
car.
MR. PITISCI: I don't think that's true
anyway.
MR. DIACO: If you just ask her the
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questions, you're going to get the wrong answer.
MR. DIACO: I said be careful of the question
you don't know the answer to, you're going to get
the wrong answer.
He can ask her the question. She wasn't on
the show. That's ridiculous. That's a ridiculous;
assertion. Ridiculous.
THE COURT: Well, I'm not saying it is or it
isn't, but we won't know --
MR. DIACO: I just have to say for the record
that here in open court they have made suggestion;
about a briefcase and the integrity of the
briefcase, and we haven't heard one statement froijti
one witness that would impeach the integrity of ---
THE COURT: We got we got three issues in
this case, in this motion that I see. Okay? Two
of them are very obvious. One is the integrity o::
the briefcase.
MR. DIACO: Correct.
THE COURT: One is the jurors.
MR. DIACO: Yes, sir.
THE COURT: As of right now, there's no
information in front of me that the integrity of
the briefcase was violated at this time.
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At this time there's no indication to me that,
any jurors have violated their oath
MR. DIACO: Understood.
THE COURT: with the exception of the one
juror who indicated, which no one had a problem
with.
MR. DIACO: Correct.
THE COURT: That leaves one other issue in
this case. And that's a very difficult issue.
And that issue deals with to what extent did a
member of your firm, or members of your firm,
either lawyers or nonlawyers, get involved with ar
arrest knowing who the attorney is and that we're
in this trial.
And that is a very difficult issue simply
because it is not against the law to report
something to the police. I understand that. But
I also understand that it might be ethical
violations to try to set somebody up.
MR. DIACO: I would just say
THE COURT: And that's the difficult decisior
that I have.
MR. PITISCI: Well, we hold on.
We have not -- I did not believe that that's
what this hearing this mistrial hearing was on.
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Because we have not gone into --
THE COURT: Well, you've got to understand,
counsel, this morning when I walked into this
courthouse, I had no idea about this. I thought I
was surprised enough Thursday morning
MR. AUSTRICH: I was supposed to be in trial
in Orlando.
THE COURT: much less Friday morning. Anc.
all of you knew an awful lot that I didn't know
about.
MR. PITISCI: But
THE COURT: And I still and I still didn't
know about it up until the time that I'm hearing
it now.
MR. PITISCI: But do you want me to defend
about whether we -- their law firm tried to set
him up? Because if that is what we're here to
and that's what we're here to present to you, I
can -- I can -- I can do it a lot differently thar
this.
And when I say a lot differently, that's what.
I was getting into with, you know, nobody gave her
instructions to do anything. Nobody
THE COURT: Well, I don't know that, because
there's certain questions that she's taken the
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Fifth Amendment on.
MR. PITISCI: Well --
THE COURT: So I can't -- I can't -- I can't
speculate when a witness has exercised her
constitutional right.
MR. PITISCI: But the fact that --
MR. AUSTRICH: Your Honor
MR. PITISCI: Phil Campbell's basically,
you know, trying to take her back to the apartmen
has no bearing on this?
THE COURT: Not that I see. Whether he was
or he wasn't, that's --
MR. PITISCI: Okay. But the implication
the implication is we we have tried to somehow,
you know, set him up?
THE COURT: You know, if a paralegal is
having a conversation with opposing lead counsel
in a trial, in a heated trial, in a
hotly-contested trial, in a very serious trial
that's getting a lot of publicity, and that persoiji
does it and knows who the other side is and
doesn't disclose that fact, and then we've got
issue of the fact that that briefcase was at the
Diaco law firm, a three-minute walk from
Mr. Campbell's firm
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MR. PITISCI: Right.
THE COURT: and a brief three-minute phone
call away -- they could have made a phone call anc.
said, Look it, I got to let you know we have your
trial brief. Would you like us to walk it over,
or would you like to walk over and get it? Done
in three minutes.
MR. PITISCI: They they don't have any
control over --
THE COURT: I'm not going to have an argument
with you, counsel. I'm just pointing out the
facts. And it could have been handled that way.
Notwithstanding your question, your leading
question, that that was the fastest way you did it
is to take it back to the young lady and have her
take a cab.
MR. PITISCI: I mean, the fact of the matter
is, is, you know, nobody was exactly sure what to
do at that point, and they didn't know Melissa was
with it.
MR. AUSTRICH: That's why we have the rules,
Your Honor.
THE COURT: Okay. So what do you want to ask
her?
MR. AUSTRICH: Your Honor, I want to ask her
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if she picked well, I take that back. Let's
I can withdraw that, Your Honor.
What I'd rather go down is the -- I just want
to redirect on the issue of the -- I'm sorry --
cross her on the issue of the --
THE COURT: I think I'm getting a real flavor
of what occurred. I think I got a real good
flavor of what occurred. So I'm not sure how many
more questions need to be asked. And I'm not sure
if the witness is going to take the Fifth or not.
Knowing Mr. Cannella, she might.
So what is your next question? Give me a
proffer. Give me a proffer, counsel.
MR. AUSTRICH: Your Honor, she claimed that
she lied to Mr. Campbell to -- you know, because
she's a single woman and she's afraid to have a
stalker get her name.
Well, at no point in time I want to make
it clear that at no point in time did she tell hin
where she really worked.
MR. PITISCI: You've already said that.
THE COURT: Well, she's already said that.
MR. AUSTRICH: Okay. Yeah. But then she
handed him her keys to drive off with her in a
car, and that's getting close to the DUI.
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THE COURT: We're not getting into the DUI.
MR. AUSTRICH: Okay.
THE COURT: We all know that at some point i
time Mr. Campbell left Malio's. We know that at
some point in time she left Malio's. And we know
at some point in time Mr. Campbell was arrested
for DUI, I believe in her vehicle.
MR. PITISCI: And Mr. Campbell took the
keys -- Mr. Campbell --
THE COURT: That is a nonissue.
MR. PITISCI: Mr. Campbell took the keys fror
her.
THE COURT: That is a
MR. PITISCI: But that's what happened.
THE COURT: That is a nonissue.
MR. PITISCI: But that's what happened.
THE COURT: Where's your partner?
MR. DIACO: My?
THE COURT: Your other partner.
MR. DIACO: He's not my partner. He's my
associate. He's here.
MR. PITISCI: We're going to call him next.
THE COURT: You're going to call him next?
MR. DIACO: Absolutely.
THE COURT: Okay. I don't -- I don't see
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anything else for this young lady.
MR. PITISCI: Okay.
THE COURT: Anything else?
Anything else?
MR. PITISCI: No, Your Honor.
THE COURT: You may stand down.
Call your next witness.
MR. DIACO: Can we release her for today?
THE COURT: You'll be released.
(Ms. Personius was excused.)
MR. PITISCI: Next witness is Brian Motroni.
THE BAILIFF: Outside?
Is he outside?
MR. PITISCI: Yes.
THE COURT: You know what? Before we get to
the next witness counsel, before we get to the
next witness, I think I'd like to take about a
20-, 30-minute break. Court reporter hasn't had
break. All right?
(Recess at 4:25 p.m.; reconvened at five
o'clock p.m.)
(Mr. Motroni has entered the courtroom.)
THE BAILIFF: Please remain seated. Come to
order. Court is now in session.
124
1 THE COURT: All right, counsel. Call your
2 next witness.
3 MR. PITISCI: Brian Motroni.
4 THE BAILIFF: Stand here for me. Face the
5
6 THE CLERK: Do you solemnly swear or affirm
7 the evidence you are about to give will be the
8 truth, the whole truth, and nothing but the truth?
9 THE WITNESS: Yes.
10 THE BAILIFF: Please take the stand.
11 THE COURT: Please state your full name and
12 spell your last name.
13 THE WITNESS: Brian Motroni, M-o-t-r-o-n-i.
14 THE COURT: You may inquire.
15 DIRECT EXAMINATION
16 BY MR. PITISCI:
l"
7
Q. Brian, what firm do you work for?
18 A. I work for Adams & Diaco.
19 Q. Okay. At some point in time, did you come ir
20 contact with a trial briefcase of Philip Campbell?
21 A. Yes.
22 Q. Okay. At any point in time did you ever oper
23 that briefcase?
24 A. No.
25 Q. Did anyone as far as you observed at Adams &
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Diaco ever open the trial briefcase?
A. No.
Q. Did you ever talk to trial counsel about the
briefcase before it was returned to Philip Campbell?
A. No.
Q. As far as you know, did Philip Campbell put
the briefcase in Melissa's car?
MR. AUSTRICH: Objection, Your Honor. No
foundation. He hadn't laid a predicate for how h
would know that.
MR. PITISCI: I mean, I thought we were
hearsay was allowed at this point.
MR. AUSTRICH: That's not my objection, Your
Honor.
MR. PITISCI: Okay.
BY MR. PITISCI:
Q. Do you know -- do you know how the briefcase
got in Melissa's car?
A. I mean, my best guess is that Philip --
MR. AUSTRICH: Objection.
THE COURT: No, don't guess. Do you know?
THE WITNESS: Do I know?
BY MR. PITISCI:
Q. Did Melissa tell you that Philip Campbell put
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it --
MR. AUSTRICH: Objection.
THE COURT: Try not to lead.
Did anybody tell you how the briefcase got
there?
THE WITNESS: Yes.
THE COURT: Who?
THE WITNESS: Melissa Personius.
THE COURT: What did she tell you?
MR. AUSTRICH: Your Honor, I'm going to
object and preserve it for the record.
THE COURT: This is not a trial.
MR. AUSTRICH: Hearsay.
THE COURT: It's not a trial.
Proceed.
THE WITNESS: She informed me that he had
left it in the car the night that he was arrestedj.
BY MR. PITISCI:
Q. But is it your understanding that Melissa did
not physically put the briefcase in the car?
THE WITNESS: Yes.
Don't lead. I'll say it again. Don't lead.
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BY MR. PITISCI:
Q. Do you know one way or another whether Philip
Campbell put the briefcase in the car?
A. Melissa Personius told me that she was
completely unaware that Philip Campbell had a briefca
at any point in time prior to discovering it in her
vehicle. So the only way it could have gotten in
there --
THE WITNESS: -- would have been by Phil
Campbell .
MR. AUSTRICH: Speculation and beyond the
scope.
THE COURT: Sustained. That's speculation.
Next question.
BY MR. PITISCI:
Q. It's my understanding that you were in
possession of this briefcase for approximately one
hour. Did you see -- or did you open the briefcase?
Did you see anybody open the briefcase, or did you open
the briefcase?
A. No, to both.
MR. PITISCI: No further questions.
CROSS-EXAMINATION
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BY MR. AUSTRICH:
Q. Did you discuss this briefcase with Mr. Clem
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THE COURT: Counsel, please use the podium.
BY MR. AUSTRICH:
Q. Did you discuss the fact that you had
possession of Mr. Campbell's briefcase with Mr. Clem?
They can't answer for you, sir.
A. I'm not looking for them to answer it for me,
I -- my discussions with Mr. Clem --
Q. Sir, answer the question.
MR. PITISCI: Wait a minute.
Have a seat.
MR. PITISCI: I'm going to object.
THE COURT: Have a seat.
Restate your question.
BY MR. AUSTRICH:
Q. Did you have a discussion with Mr. Clem
regarding the fact that your office had possession of
A. No.
Q. Did anyone from your office, to your
knowledge, have a discussion with Mr. Clem regarding
the fact that your office had possession of
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A. Not to my knowledge.
Are you referring to the time period when I
was in possession of it or -- I'm --
Q. Any time prior to its return to our office.
A. Okay. No.
Q. Have you had any discussions with Mr. Clem
regarding the contents of that briefcase?
A. I'm unaware of the contents of the briefcase.
So, no.
Q. How did you determine that it was a, quote,
trial briefcase?
A. Well, from the looks of it. When I saw it,
it was quite large, and it had -- I've been in trial
with him for the past two weeks. And when I saw it, ]
assumed that that was his trial briefcase, given the
size of the briefcase.
Q. When you went to Ms. Personius's home to
retrieve the case, what did you think you were going
get?
A. I had no idea what I was going to get as far
as what I was going to find when I was there. When I
saw the briefcase, that's when I realized it was
Mr. Cam most likely I still don't know, but most
likely Mr. Campbell's trial briefcase.
Q. But you didn't know for sure, did you?
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A. Whether or not it was his trial briefcase at
that point?
Q. Yeah.
A. I mean, I still don't know for sure.
Q. Did you contact Mr. Campbell or anyone at
Shumaker, Loop & Kendrick once you realized what you
had?
A. When I thought what I had, I called my boss,
my immediate supervisor, Stephen Diaco, to report it
him. I did not personally contact anybody at Shumake
Loop & Kendrick.
Q. There's a rule book on the witness podium in
front of you, and there's a pink tab on the top of it
Could you flip to that?
Rule 4-4 point I think it's 4(b).
MR. PITISCI: Your Honor, I'm going to objec
to this. We've already been through this. I
mean, unless it's relevant to to the
proceeding, it's not necessary. The Court is
already aware of --
THE COURT: I'm going to ask you a question.
THE WITNESS: Yes.
THE COURT: Counsel, when did you realize
that you had Mr. Campbell's trial briefcase?
THE WITNESS: Probably at -- when I realized
to
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I had possession of it, that it was actually his
trial briefcase? When Shumaker, Loop & Kendrick
called Stephen Diaco to notify Stephen Diaco that
it was actually his trial briefcase.
THE COURT: Well, what did you think you had
prior to that?
THE WITNESS: A briefcase. I assumed it was
his briefcase. But you asked when did I know it
was his briefcase, and I --
THE COURT: When when did you find out
that -- that you or someone in your firm, be it
paralegal, be it attorney, or anyone, had a
briefcase that may belong to an opposing counsel
in a trial? At what point?
THE WITNESS: When I arrived and saw the
briefcase --
THE COURT: At Melissa's?
THE WITNESS: At Melissa's.
THE COURT: When you did that and you
realized that you may have a briefcase that
believed that belongs to an opposing counsel iji
a trial being conducted, why did you not call the
opposing firm and let them know about it
immediately?
THE WITNESS: I called my immediate
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supervisor, Stephen Diaco, and he said to come
back to the office and that he was going to take
care of it.
THE COURT: So Mr. Diaco said that he would
take care of it?
THE WITNESS: He said yes.
BY MR. AUSTRICH:
Q. Did you ever call Phil Campbell or Shumaker,
Loop & Kendrick?
A. I didn't have Phil's number. But, no, I did
not. I did not personally call their office.
MR. AUSTRICH: No further questions, Your
Honor.
THE COURT: Okay.
Anything further?
MR. PITISCI: Nothing further.
You're excused.
Who else do you have?
MR. PITISCI: No one further.
THE COURT: Okay.
(Mr. Motroni was excused.)
THE COURT: You have two motions; is that
correct?
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MR. AUSTRICH: I do, Your Honor.
Actually, there's one point of evidence that
we didn't get in, and that is that Mr. Campbell
lives blocks away from Malio's, which is where
Ms. Personius met up with him.
THE COURT: Do you dispute that?
MR. DIACO: We don't know where he lives.
MR. PITISCI: I don't know where he lives.
MR. AUSTRICH: Well, Mr. Ellis is still here
He's still under oath. I'm prepared to put him o|i
the stand.
MR. PITISCI: I mean, I'll stipulate if
you're telling -- you're an officer of the court.
THE COURT: He's an officer of the court. H
has made a proffer --
MR. PITISCI: I'll stipulate with the
Court
THE COURT: -- that Mr. Campbell lives a few
blocks from Malio's.
MR. PITISCI: I'll we can introduce
THE COURT: Do you have any reason to disput
that?
MR. PITISCI: No.
THE CO URT: O kay.
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All right. Let me hear your argument.
MR. AUSTRICH: And, Your Honor, I guess I'd
also like on the record that he didn't have his
car with him, which Mr. Ellis can testify to,
because he walked to Malio's. I don't know if
that came out in the testimony.
THE COURT: Why don't you put him on the
stand to testify about that.
MR. AUSTRICH: Okay.
THE COURT: Call Mr. Ellis.
(Mr. Ellis returns to the courtroom.)
THE COURT: Counsel, approach the bench.
(At sidebar.)
THE COURT: I am going to we are not
publishing this telephone number, but I will each
give you an opportunity to look at the number
before I seal this, because I'm signing an order
sealing this. Okay? You want to take a look at
the number and get the number off it?
You want to get the number off it?
MR. PITISCI: Is that Mr. Diaco's number?
THE COURT: That's Mr. Steve Diaco's number.
MR. PITISCI: I have it.
THE COURT: You have it. Okay.
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THE COURT: All right. I f you give it back
to me.
Thank you.
Mr. Ellis, you're still under oath. Please
have a seat.
THE COURT: Mr. Ellis, I have a couple
questions for you.
THE COURT: Do you know where Mr. Campbell
lives?
THE WITNESS: I believe he lives in SkyPoint
Your Honor.
THE COURT: And how far is that in
relationship to Malio's?
THE WITNESS: My guess, without counting,
somewhere between about four to six blocks.
THE COURT: Do you know on the evening in
question that is the subject to this inquiry as to
whether Mr. Campbell had a car?
THE WITNESS: I don't believe he had a car,
Your Honor, because it's one of the reasons
is that he -- I think the Court knows Mr. Campbell
had a prior DUI. And one of the reasons we go to
Malio's is because he can walk home without any -
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without any worry.
THE COURT: Okay.
Any other questions?
MR. AUSTRICH: No, Your Honor.
MR. PITISCI: Did you happen you
weren't you didn't see Mr. Campbell receive the
keys from Melissa at the valet, did you?
THE WITNESS: I -- I had left early, sir.
MR. PITISCI: Okay. So you have no idea wha
happened at the valet?
THE WITNESS: Only what I've been told from
other sources.
MR. PITISCI: Okay. Thank you.
THE COURT: All right. You may remain in the
courtroom at this time.
MR. ELLIS: Thank you.
THE COURT: We've concluded the testimony.
I'll hear brief argument from each side.
Your Honor, as you pointed out, we have a
motion for disqualification and a motion for a
mistrial. And if I can, since as you pointed out
earlier this has been 24 hours, I'm going to do m
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best to summarize what we've heard.
THE COURT: I think I've got a pretty good
idea of the testimony.
MR. AUSTRICH: Well, I would like to point
out a couple of key issues, though, Your Honor.
THE COURT: Please go ahead.
MR. AUSTRICH: Legally, once it is
established, Your Honor, that the rule I'm
sorry -- that the firm, who is being sought to be
disqualified, had access -- I'll read Your Honor,
if I can, to -- it's the Koulisis vs. Rivers case,
This is a 1999 case from the Fourth District Court
of Appeals.
Once it has been established that the firm
sought to be disqualified had access -- had
possession of materials, the burden shifts to the
respondent firm to demonstrate by the greater
weight of the evidence that they had no actual
knowledge of any confidential information materiajl
to the case because, in fact, there was a
presumption that they had the information at their
disposal. They actually do have the information,
which would create an unfair advantage obviously
in this case, Your Honor.
So we've met that burden, Your Honor, by
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establishing they've had the case for -- their
staff person had it for 18 hours and a lawyer in
their office had it for a full hour.
As to what happened with the case, Your
Honor, I think the testimony is pretty incredible
To say that they could not have just walked it
over, the three-minute walk from the parking
garage, because they didn't want to touch it
defies logic. The rule doesn't say anything abou
touching the file. The rule says very clearly
you're supposed to promptly notify.
And it wasn't until Mr. Ellis telephoned
Mr. Diaco in the evening of the 24th that we've
confirmed that in fact they had it and that they
disclosed that they had the bag. And as that
phone call was taking place, Ms. Personius was in
a cab heading to the building back from whence th
bag had already apparently sat in the garage,
according to their story, in order to conceal the
fact that they had possession of the bag.
On top of that, the cabbie -- she testified
she sent the cabbie in with the bag, therefore
further concealing where the bag came from. Thei
intent -- even though they knew we were in the
office, they knew the office was open, they could
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have called us. Even after all that, if he didn't
want to touch it and he knew -- their idea was to
have this bag anonymously dropped off by an
unknown person to someone who didn't know what it
was. And for all we know, that bag would have sat
in the security office for a week.
The rules require that they not engage in an
action to hinder or delay us from accessing
materials that are material -- important to the
case, Your Honor.
THE COURT: So what exactly remind me,
what time did you actually receive the trial bag
back?
MR. AUSTRICH: It was around -- I think
Mr. Ellis testified it was close to 6:00.
THE COURT: Six o'clock yesterday?
MR. AUSTRICH: Yes.
THE COURT: Okay.
MR. AUSTRICH: Yes. And they knew since
3:00. A lawyer in their office, Mr. -- a partner
in their office knew at least three hours prior
that they had possession of what they thought was
a briefcase or personal items, regardless of what
it was, and no one called us. No one. Still no
one called. We had to call them. And there was
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at least -- they had three hours. I mean, there's;
no excuse for it.
Furthermore, Your Honor, as to the evening ir
question, we have the parties pleading the Fifth
on the key questions. Pleading the Fifth,
Ms. Melissa -- Melissa Personius pled the Fifth tc
the question were you going there in order to get
Mr. Campbell drunk. And she pled the Fifth, the
Fifth, to the question of was she going there to
get him arrested for DUI.
This Court -- I'm sure as the Court is aware
if you plead the Fifth, the Court is allowed to
draw an adverse inference.
THE COURT: In civil cases, yes.
MR. AUSTRICH: I understand. And we're in a
civil case here.
THE COURT: Uh-huh.
MR. AUSTRICH: And the other key questions,
Your Honor, in this day and age where no one,
including Mr. Diaco, walks around without their
phone, Mr. Diaco, who was subpoenaed to appear
today with his phone, somehow miraculously doesn'
have it with him. Yet we heard him testify
countless occasions where he was on his cell
phone. He carries it around just like the rest oj
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US.
He broke a court order, a subpoena, to come
here without his cell phone. And the reason he
didn't want to have his cell phone is because the
same reason that he didn't want to answer the
question about whether or not he spoke with
Melissa Personius that evening, to also of which
he pled the Fifth.
Your Honor, it was their office that -- the
attorney in their office who called the Tampa
Police Department, a friend in the Tampa Police
Department, not the switchboard, to have
Mr. Campbell stalked basically. He the call
went out at quarter to 8:00. Nobody saw
Mr. Campbell in a car. There's no testimony that
he was actually that he had his car there. In
fact, Mr. Ellis testified he didn't have his car
there. They waited for him. They had a police
officer there until their assistant induced him t
get in the car and drive.
And I'm not excusing his actions. But they
set this thing up from day one: the sting, the
circumstances, and the subsequent media blowout
that they engaged in shortly after the incident
was revealed.
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With respect to the relief sought, Your
Honor, it's in the sound discretion of this Court
to grant a mistrial. And, Your Honor, we think
that because of the missing records so far that w
subpoenaed here, especially the phone records --
Mrs. Personius wouldn't even give us her phone
number, and Mr. Diaco didn't bring his phone --
that this Court take the motion for mistrial unde
advisement, allow this case to go to the jury, an
allow us to get those additional records so we ca
conduct discovery so this Court has a full and
adequate presentation of the issues on this,
because those phone records are going to be
critical as to whether it was this law office or
not who actually either planned it from the
beginning or knew about it and then set out to do
it, whether or not they were engaged. Mr. Diaco
couldn't remember whether he spoke to her or not,
but his phone records will bear that out. And so
will hers. And we've been denied access to both
of those.
It was a simple thing to walk in here and
show us what phone what phone calls. I can
show you going back a month who I've called every
minute of the day. And they couldn't do that,
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even though one of them was under a subpoena to do
that.
And, Your Honor, we have authority for that
to hold the case under abatement. It's the Ricks
case. It's Florida Supreme Court.
THE COURT: I think I'm sort of familiar with
some of the cases.
Counsel, let me hear from you. Who's going
to argue?
MR. DIACO: I am, Your Honor.
MR. DIACO: If it pleases the Court, as I
always do, I'm going to go backwards, and I'm
going to focus on there's no evidence that either
myself or Mr. Hearing was in possession of the
briefcase. There's no evidence that the integrity
of the briefcase was ever disrupted.
THE COURT: You're an officer of the court.
Tell me when you first learned about the briefcase
incident.
MR. DIACO: After it was returned.
THE COURT: Mr. Hearing, you're an officer o i
the court. Please tell me when you first learned
about the briefcase incident.
MR. HEARING: Approximately 6:20 p.m. last
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night.
THE COURT: After it was returned?
MR. HEARING: Yes, sir.
You may proceed.
MR. DIACO: Similarly, Judge, there's no
evidence that the integrity of this trial has bee
disrupted or that the integrity of the jury has
been disrupted. You asked the jurors the
questions this morning very carefully, focused in
on the correct issues. None of them have been
prejudiced by any of the publicity regarding
Mr. Campbell's own conduct.
We've heard a lot of argument about setups,
and I take personal offense to that because no on
forced Mr. Campbell to drink. No one forced him
to get into a car. And no one forced him to get
behind the wheel of a car and drive. There's no
testimony that anyone forced him to do anything.
And when they use a strong word like " setup," tha
really, for me as trial counsel, is offensive,
because there's nothing wrong with a citizen
reporting someone else who's drinking and driving
There's nothing inappropriate about that.
But, more importantly, there's no evidence
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that any conduct of any lawyer in this firm, in my
firm, in Mr. Hearing's firm, prejudiced this jury
in any way, shape, or form. No evidence that
confidences were disclosed. In fact, the evidenc
to Your Honor is the trial briefcase was never
opened.
And we can argue about prompt. Within three
hours of finding out that the briefcase was there
the senior partner of the firm said, Don't touch
it; I don't want anyone to open it; and let's mak
sure it gets back to the firm.
Now, whether it was done prompt enough,
according to this table's timetable, I think that
three hours within discovery is prompt enough to
fulfill someone's ethical obligations.
But, more importantly, I want to focus on
this trial. There is absolutely no evidence, let
alone any hint that could be made, that
Mr. Hearing or I had any access to it during the
three hours, that Mr. Hearing and I were provided
any information whatsoever. The evidence, in
fact, Judge, is that the briefcase was never
opened.
Mr. Ellis came up here and he testified he
didn't even know the briefcase was there, he said
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(Mr. Schnitt returns to the courtroom.)
MR. DIACO: He has no evidence as to whether
or not the briefcase was put by Mr. Campbell in
the car or not. He doesn't know anything. He
didn't provide any evidence to Your Honor that
would justify the harsh, harsh sanction of a
mistrial.
And I just wanted to quote some case law for
you. I have just literally 30 minutes, Judge, anc
forgive me for not having the cases here.
Sykes vs. State. Can be found, for the
record, at 329-356. The citation's at page 359.
It's a First 1976 First DCA case. Only where
such a fundamental or prejudicial error has been
committed as will require granting of a new trial
later should a new trial -- should a motion for
mistrial be granted.
There is no evidence that there's been any
error, let alone fundamental and prejudicial
error, with this jury and with the integrity of
the jury that we're focusing on.
Then I would highlight for the Court the
Overton vs. State. It's a Florida Supreme Court
case. Can be found, for the record, at 801 So.2d
page 877, quote, a mistrial should be granted
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only, only, Your Honor, where the error is so
prejudicial as to vitiate, vitiate the entire
trial.
There has been no evidence that anything has
disrupted the trial. There has been no evidence,
Your Honor, that there was any disclosure.
The case that was cited, for the record,
Koulisis vs. Rivers, 730 So.2d 289, is a
disqualification case in which a lawyer had
confidential information that was in their
possession. That was disclosed.
There's no evidence at all that anything
other than a briefcase was identified, let alone
the contents of the briefcase.
I understand that the Schnitts may be upset
because their attorney got a DUI. I understand
that the Schnitts may be upset because it got
publicity. But I do not understand why the
Schnitts would ask for a mistrial when there's no
evidence that this jury was aware of any of this,
that any of this conduct prejudiced their ability
to look at this case fairly and impartially.
We have been here for two weeks, Your Honor,
and I have lived and died this case for five
years. And you know that I have tried my best tc
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try this case in the court. And I want you to
focus on my conduct and the conduct of Mr. Hearinb
and Mr. Clem. There is no evidence that any of us
had any information, let alone confidential,
protected information that in some way
THE COURT: Take a seat, Mr. Ellis.
MR. DIACO: -- prejudiced this jury. No
evidence of that, Judge.
And what we've just done is taken a lot of
testimony. And it's important. I understand why
you did it. And I think it's important for you to
get a full picture.
But if you focus on the important parts of
the evidence, Judge, the evidence is very, very
revealing. Nothing was revealed. Nothing was
revealed, let alone something that was revealed
that was of such a fundamental or prejudicial
error as to justify the severe sanction of a
mistrial.
The sanctity of the jury has been protected.
The integrity of the briefcase, there's no
evidence that that has been disrupted. And unless
they can show evidence of disruption, evidence
that we possess some confidential information, an[ d
evidence that our behavior -- ours, Mr. Hearing
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and I -- our behavior somehow affected this jury'
ability to look at this case fairly and
impartially -- there is no evidence. A complete
void of it.
They've implied what they think happened.
There's no evidence that anyone set anybody up.
Mr. Ellis was not there when Ms. Personius and
Mr. Campbell were at the valet. He doesn't know
what happened. He can't come here and tell you
what Mr. Campbell did, if he reached for the keys
or not. He can't tell you a setup. I take
offense to that, a setup. No one forced him to
drink and drive.
THE COURT: Lower your voice.
MR. DIACO: No one, Judge.
Forgive me for my passion. I love my job.
I'm a zealous advocate. And I take my
responsibilities very seriously.
And the words that have been thrown around
this courthouse, now that we've heard this
testimony, when they don't have any evidence of a
setup, Mr. Campbell's own conduct is what is at
issue in the DUI. That's whose conduct is at
issue. No one forced him to drink a drink. No
one forced him to get in a car with Melissa
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Personius. No one forced him to drive down the
street. Who knows where he was driving? We don'
know if he was driving to his apartment or if he
was driving to her house. We have no idea what
Mr. Campbell's motivations were. We have no
idea we have no evidence of a setup.
As Your Honor has so astutely pointed out,
there is nothing improper with a citizen reportin
someone they suspect is drunk driving. We don't
even have that evidence. But what we have wha
I have to focus on is the evidence of this table,
Judge. There is no evidence of any improper
conduct on the part of this table. There is no
evidence of any improper conduct or any
confidential information disclosed to us.
And we would adamantly oppose any mistrial,
Judge, because there has been no evidence that
there has been error, error, let alone error
that's so prejudicial as to vitiate the entire
trial.
Mr. Hearing.
THE COURT: The Court finds that there's no
evidence in this case of any impropriety on your
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part or on anybody with your firm.
MR. HEARING: Thank you, sir.
THE COURT: Mr. Diaco, I see no impropriety
on your part personally.
I do have some ethical concerns about some
members of your office. To avoid any hint of
impropriety, what assurances can you give me that
you can set up a firewall between yourself for th
balance of this trial and set up a firewall
between yourself and any members of your staff,
the three who were here today, and anyone else wh
had had any contact with that briefcase?
MR. DIACO: I can assure you, Judge, it will
be a Chinese wall to the sky.
THE COURT: All right. With your
representation --
MR. AUSTRICH: Okay. Your Honor, I don't
think it's appropriate or even possible under the
current rules and practice and I'd have to
research it -- whether you can have a Chinese
wall. Any knowledge imputed -- any knowledge of
any person of that firm is imputed to the entire
firm.
THE COURT: Anything further? You had your
argument.
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MR. AUSTRICH: No further.
THE COURT: With that assurance, I am not
recusing you from the case.
MR. DIACO: Thank you, Judge.
THE COURT: On the motion for mistrial, I
think there's some serious questions in this case
about what occurred. I think there's some
unanswered questions. And I haven't had an
opportunity to do any research on some of the
ethical considerations that have been raised. And
as a result, I'm going to reserve ruling on the
motion for mistrial.
We're going to proceed Monday morning with
the resting of the plaintiffs' case and the
presentation of the defense case.
Have you disclosed your witnesses for Monday
MR. DIACO: We have not yet, Your Honor.
THE COURT: I suggest you do that.
MR. DIACO: Randy Michaels, Hurricane, Kim
Collelo, possibly the Schnitts, Kevin Hayslett.
THE COURT: Is my staff attorney here?
Jake, would you come forward?
Counsel, if you'd come forward.
(At sidebar.)
THE COURT: I think it's of utmost importancb
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at this point in time because I think you've
indicated you will probably have about two days
worth of testimony left; is that correct?
MR. DIACO: I would say it's probably two
days.
THE COURT: Okay. What I would like, I'm
going to review the jury instructions.
And did we have a verdict form in there, too
Jake?
MR. HANSON: No, I was not provided one.
THE COURT: No?
What is the status of the verdict form?
MR. DIACO: I know that they were working on
it, Your Honor. I'm not sure what --
(Outside of sidebar.)
THE COURT: What is the status of the
proposed verdict form that we discussed?
MR. FABIAN: We have a new draft. We do hav
one point of clarification that Ben and I would
like to --
(At sidebar.)
THE COURT: We're all short next to him.
What's the problem?
MR. BARD: We just want to make sure that th
format is what you had in mind.
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And then also Mr. Fabian's under the
impression that you did not hold the instruction
conference, that all the statements in the verdic^:
form had to be statements that are in evidence,
not the statements as alleged.
THE COURT: It's the statements in evidence,
but we need to address the -- any motions in the
case which we have not had an opportunity to do.
Do you have a copy of the proposed verdict
form?
MR. FABIAN: I do. I can't find it. I'm
sorry.
THE COURT: All right. You can give it to m
before we leave here today, right?
MR. FABIAN: Oh, yes. Actually
MR. BARD: Can we confirm the form with you
and then conclude it so we can get the motions
MR. BARD: Once we get the motions resolved,
we can deal with the statements, but at least
you look at the form?
THE COURT: Well, I want to have an
opportunity to review the form over the weekend.
So if you -- before we leave here today, if you'll
give me a copy of the form, I would appreciate it,
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because I want to review it over the weekend.
MR. BARD: Okay.
THE COURT: Is that it?
MR. FABIAN: Yes, sir.
THE COURT: Okay. Do you have an extra copy
MR. FABIAN: I do not. I just brought that
one. I sent an electric -- electronic copy to
Ben.
THE COURT: Okay.
MR. FABIAN: To Mr. Bard.
THE COURT: Okay.
MR. FABIAN: And that does not have your "
think that does actually have your changes.
THE COURT: Jake, I'd like to meet with you,
if possible, 8:30 Monday morning. Is that all
right?
MR. HANSON: Yes, sir.
THE COURT: And I'll have reviewed the jury
instructions, and then we'll make some final
arrangements. And I may have you take a look at
the verdict form at that time on Monday.
If need be, you two gentlemen make yourselve^
available to my staff attorney on Monday.
MR. BARD: Yes, sir.
THE COURT: Okay?
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All right. Thank you.
MR. DIACO: We have one issue as far as
witness order.
We had allowed Mr. DiLoreto to come out of
order. We have a witness flying in who will be
ready to go nine o'clock in the morning on Monday
And so his name is Randy Michaels. And we're
asking if we can have him come in at nine o'clock
like Mr. DiLoreto, start with him and get him in
and out so he can get back to --
THE COURT: Well, we're not going to take
that up at nine o'clock. At nine o'clock we got
motion hearings.
MR. DIACO: Okay. So then I guess maybe I'l
try to have if the
THE COURT: I really had hoped that we would
have gotten to any motion hearings this afternoon
MR. DIACO: We as well.
THE COURT: Different circumstances arise; w
couldn't do it.
MR. DIACO: Yes, Judge.
THE COURT: So I think what we'll do is take
that up at nine o'clock in the morning.
MR. DIACO: Uh-huh.
THE COURT: Monday morning.
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Can you contact the jurors over the weekend
and tell them to report at ten o'clock?
THE CLERK: Yes, Your Honor.
MR. DIACO: And then the motions, Judge, jus
so I can try to anticipate when our witness shoulfji
be here, you think the motions will take an hour
or so; should I have him here ready by 10:00 for
the jury? Ten o'clock is when you want to have
the jury here?
THE COURT: I'm having the jury here at ten
o'clock.
MR. DIACO: Then I'll have him here at 10:00
as well.
THE COURT: Yeah, have your witness here at
10:00.
THE COURT: And we'll take up motions, try t
make them promptly at 9:00.
THE COURT: And I believe that you're going
to have the list for me of all the quotes and
statements that have -- are still being claimed a
defamatory?
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MS. RICHTER: Yes, Your Honor. I think we -
I think I actually have that today.
THE COURT: And we're going to be dealing
with some of those individually.
MR. HEARING: Can you give me that before
Monday morning?
MS. RICHTER: Sure.
MR. HEARING: So I can and then that savels
some time on the motion, because then if we have
stipulation to the ones that aren't provided to
me, then they're definitely going to be out of th
case. So I don't need to go through all the ones
that aren't in the case anymore.
MS. RICHTER: That's fine.
MR. HEARING: That's great. Thank you.
THE COURT: Mr. Hearing, here's these
transcripts.
MR. HEARING: Thank you.
THE COURT: Is there anything else?
MR. AUSTRICH: There is, Your Honor.
As the Court has indicated, there's further
investigations required on the motion for
mistrial. We'd like leave to supplement the
record and seek those phone records so we can
assist the Court in its further consideration of
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that motion, Your Honor, and
THE COURT: I'm not prohibiting you from
MR. AUSTRICH: Well, the discovery's closed
in the case, so --
THE COURT: Are you going to be ordering a
transcript of this hearing?
MR. AUSTRICH: I haven't made that
determination, Your Honor. But if the Court want^
it, we can.
THE COURT: If you do, I want a copy.
MR. AUSTRICH: Understood.
MR. DIACO: No, sir.
THE COURT: We're adjourned for the weekend.
MR. AUSTRICH: Do I have leave, Your Honor?
MR. AUSTRICH: Do I have leave to -- you're
not going to stop me, so the Court is granting
leave to conduct discovery with respect to the
motion for mistrial?
THE COURT: At this point in time I'm not
prohibiting you.
MR. AUSTRICH: Well, I understand. My
understanding from the status of the pleadings is
that discovery is actually closed. So if I were
.'50
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to send a subpoena or --
THE COURT: This is outside normal discovery
procedures.
MR. AUSTRICH: Understood. Just wanted that
clear, Your Honor.
Thank you very much.
THE COURT: Okay. We're adjourned for the
weekend.
(Proceedings adjourned at 5:36 p.m.)
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REPORTER'S CERTIFICATE
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
I, Deborah W. McDonald, Registered Merit
Reporter, Certified Realtime Reporter, certify that I
was authorized to and did stenographically report the
foregoing proceedings and that the transcript is a triae
and complete record of my stenographic notes.
I further certify that I am not a relative,
employee, attorney, or counsel of any of the parties,
nor am I a relative or employee of any of the parties
attorney or counsel connected with the action, nor am
financially interested in the action.
Dated this 28th day of January, 2013.
Deborah W. McDonald, RMR, CRR

The Florida Bar
John F. Harkness, Jr.
Executive Director
Tampa Branch Office
4200 George J. Bean Parkway, Suite 2580
Tampa, Florida 33607-1496
(813) 875-9821
www.FLORIDABAR.org
February 4, 2013

Mr. C. Philip Campbell, Jr.
Shumaker, Loop & Kendrick
101 East Kennedy Boulevard, Suite 2800
Tampa, FL 33602-5150
Re: Complaint of The Florida Bar against C. Philip Campbell, Jr.
The Florida Bar File No. 2013-10,697 (13F)
Dear Mr. Campbell:
Would you please give us your position concerning your arrest on January 23, 2013. We would
appreciate receiving your written response not later than February 19, 2013. Also, please return the
enclosed Certificate of Disclosure.
A reply from you will assist this office in determining whether this is a matter which must be referred to a
grievance committee
Rule 4-8.4(g)(1) of the Rules of Professional Conduct provides that a lawyer shall not fail to respond in
writing within fifteen days to an initial inquiry by bar counsel or a disciplinary agency when bar counsel
or such agency is investigating the lawyer's conduct. Accordingly, under this rule, it is a violation for a
respondent to fail to forward a written response within fifteen days to initial inquiries made by bar
counsel, a grievance committee, or a disciplinary agency. Additionally, Rule 4-8.4(g)(2) requires a
written response to follow up inquiries by bar counsel or a disciplinary agency within ten days.
Thank you for your cooperation.
Sincerely,

Jodi Anderson Thompson
Bar Counsel
JT/cbs
Enclosure: As stated
Pursuant to Rule 3-7.1(f), Rules of Discipline, you must execute the appropriate disclosure
paragraph below and return the form to this office by February 19, 2013. The rule provides that
the nature of the charges be stated in the notice to your firm; however, we suggest that you attach
a copy of the complaint.
CERTIFICATE OF DISCLOSURE
I HEREBY CERTIFY that on this ________ day of _______________, 20___, a true copy of
the foregoing disclosure was furnished to ________________________________, a member of
my present law firm of ______________________________________________________,
and/or to _________________________________________, a member of the law firm of
______________________________________________________, with which I was associated
at the time of the act(s) giving rise to the complaint in The Florida Bar File No. 2013-10,697
(13F).
_______________________________________
C. Philip Campbell, Jr.
(Corporate/Government Employment)
I HEREBY CERTIFY that on this ________ day of _______________, 20___ a true copy of the
foregoing disclosure was furnished to ________________________________, my supervisor at
______________________________________________________ (name of agency), with
which I was associated at the time of the act(s) giving rise to the complaint in The Florida Bar
File No. 2013-10,697 (13F).
_______________________________________
CERTIFICATE OF NON-LAW FIRM AFFILIATION
(Sole Practitioner)
I HEREBY CERTIFY to The Florida Bar on this ________ day of _______________, 20___,
that I am not presently affiliated with a law firm and was not affiliated with a law firm at the time
of the act(s) giving rise to the complaint in The Florida Bar File No. 2013-10,697 (13F).
_______________________________________

NOTICE TO RESPONDENT
Pursuant to Rule 3-7.1(a), Rules of Discipline, any response by you in these proceedings shall
become a part of the public record of this matter and thereby become accessible to the public
upon the closure of the case by Bar counsel or upon a finding of no probable cause, probable
cause or minor misconduct. Disclosure during the pendency of an investigation may be made
only as to status if a specific inquiry concerning this case is made and if this matter is generally
known to be in the public domain.
t
TAMPA PD
GENERAL OFFENSE HARDCOPY
G0# 2013-50097 ARREST -PATROL 900D-2 DUI (MISDEMEANOR)
General Offense Information
Operational status: ARREST -PATROL
Reported on: Jan-23-2013 (Wed.) 2157
Occurred on: Jan-23-2013 (Wed.) 2157
Approved on: Jan-24-2013 (Thu.) by: 41741 - RUIZ, MICHAEL H
Report submitted by: 42418 - MCGINNIS, TIMOTHY S
Org unit: DUI
Address: CASS ST W / ALBANY AV N
Municipality: TAMPA
District: 1 Beat: A6 Grid: 154
Felony/Misdemeanor: MISDEM EANOR
Bias: None (no bias)
Special study: Not Applicable
Family violence: NO
Offenses (Completed/Attempted)
Offense: H I 900D-2 DUI (MISDEMEANOR) - COMPLETED
Location: Highway/Roadway
Offender suspected of using: Not Applicable
{ For: 47406 Printed On: Feb-07-2013 (Thu.) Page 1 of17|
t
TAMPA PD
G0# 2013-50097 ARREST -PATROL
900D-2 DUI (MISDEMEANOR)
Related Image - Traffic Ticket
Attachment Description:
Reference Number:
UNHwmTOFflcKMTK* 6523-XEP
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OHBE. YDU IHr MBT 1WHIIU V iFIBWt lt Of JUKMUH, t flWE* Of
I For: 47406 Printed On: Feb-07-2013 (Thu.)
Page 2 of17|
t
TAMPA PD
C,0# 2013-50097 ARREST -PATROL
900D-2 Dili (MI SDEMEANOR)
Related I mage - Criminal Report Affidavit
Attachment Description: 1880512
Reference Number:
o-
..IMINAL REPORT AFFIDAVIT / NOTICE TO APPEAR
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1BB0512
OHIO 1/ ^
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COURTHOUSe TOWER ANNEX, 001E TWIOIM STREET O COUNTY OFFICE BUILWNQ, MICHIGAN S REYNOLDS STREET n
(Conur ol Mhraon * Twlggl 8W8. TAMPA, H.OWOA330IR PLANT CITY, FLORIDA 33680
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Printed On: Feb-07-2013 (Thu.)
Page 3 of 17]
TAMPA PD
GO# 20B-50097 ARREST -PATROL
900D-2 DUI (MI SDEMEANOR)
MCNCV REPORT it
by OUt KMIt or Out IB. child liMral
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I SWBAR TWAT THC ABOVE STATEMENTS ARE CORRECT TO THE BEST OF MY
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U8T 0* WITNESSES ANVH*8EQI>eWN TO ME IS ATTACHE)
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| For. 47406 Printed On: Feb-07-2013 (Thu.)
Page 4 of 17]
t
TAMPA PD
GO# 2013-50097 ARREST -PATROL
900D-2 DUI (MI SDEMEANOR)
Related Image - Intoxilyzer Results
Reference Number;
Hi -Sj Oi Si H' i A
(PIMM Print)
i,
1LLSBOROUGH COUNTY SHERIFF'S OFFICE
DEPARTMENT of DETENTION SERVICES
BREATH ALCOHOL ANALYSIS REPORT
20 - MINUTEOBSERVATION
, affirm a;
]. JJpfl
t
'
and a member of the
20 , I did observe
immediately prior to said person being glvenjj
anything by mouth nor has he or *
AM/PM
to determine the alcohol content. This person has not taken
during the observation tim period shown above.
Enforcement Officer Badge or 10#
AGENCY DATA
Squad jSiÂrreating Officer
Citation # (o<"î3 Aft Grid
Agency < *
Report # /J? ..-^Saffifcrash Report #
Arrest Time fffiOf - Minutes from arrest tjme to last test time.
Location of offense QjQ"^ < TT 13 Nearest cross street /^lij^L
CRAS HDATA: NONE _J)LPROPERTY INJURY FATAL _
..S t
SUBJECT STATISTICAL DATA
Name
Last Rrst
Race: White j(_Black _Hispanic ___Asian
Sex: ,M,I F Weight.
Driver's License #:.
Charge:.
Location of Last Drink.
Height
Ml
Native American
Social Security
Other _
Statute *..
Business Name
f making the sto p/aS "/e. t~t
D Felony
Address
Agency District
%f Misdemeanor
TEST DATA
Technician j
Test . . . . . . . . Refusal DVD J _l^
PIP*
Urlne Taken
Video Tape _
Day of Week: Sat Sun Won Tue WedJ(_Thu Frt Shift - Day_
Brae 10. Jzrzn_Time Brae 2 O..".~l"Time_ _. Brae 3 0.,
Instrument Used: Intoxilyzer Series 8000 Serial Number: _A
Arrival Time ~-~'At_ Ending Time,
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Comments:..
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5730(9/08) White Copy: CBTU 'rellow Copy: State Attorney's Office Pink Copy: Arresting Officer
[For: 47406 Printed On: Feb-07-2013 (Thu.)
Page 5 of 17*]
t
TAMPA PD
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHICLES
AFFIDAVIT OF
REFUSAL TO SUBMIT TO BREATH, URINE, OR BLOOD TEST
(Person reading I mplied Consent W iraing)
Officer, am a member of y jAy/$ffl^r f D
(Nan* of enforcement agency)
,a duly certified Law Enforcement Officer or Correctional
^^^_^^^^^ ^____ _~
mmTm
j Md I do swear
NAM6
(Type or Prmt)
or affirm that on or about the
&4&
FI RST MI DDLE OR MAI DEN
.state of _
LAST
the offense of
j was placed under law ftll arrest for
. and
issued Citation
(Name of Arresting Officer)
That on or about the
davof si
Bin One)
CuintyJT-LEASE CHECK THE BOX OR BOXES THAT APPLY] 1 did req uest aid
penon to submit to tjjjlweatb, ||urlne, or LJbloOd tell to determine the content of alcohol in his or her blood or bnath or UK presence of
chemical or controlled substance* therein. I did inform said person that any refusal to submit to such test or tests would result m the mspension of his or
her pnvueje to operate i motor vehicle for i period of one (I ) yen for i tint refusal, or tor a period of eighteen (I t) months if the dnvmj privilege of
(ueh person had been suspended previously for refusing to submit to such teat or tests 1 Old inform said person that he or Shu commits > misdemeanor, if
sail) person [enact to submit to a law ful tett u req uested sbove, and hts or her driving privilege ho been previously suspended for I prior refusal u
submit u a law ful test of his or her breath, untie, or blood I n onset I nvolving a Commercial Motor V ehicle, t did inform the driver that this refusal will
result m the dilq uthflation of the driver's Commercial Onvcr'i Jjoenie/pnvilego for period of one (1) year in the CUB of a first refiml or permanently
if he or she has previously been disq ualified as a mult of a wnisal to submit to such test
Satd penoa did l that time and place leftitv to submit to such test or tests
Signature of Law Enforcement Officer or
Correctional Officer
THE AFFIDAVIT MUST BE NOTARIZED OR ATTESTED TO (F.S. 117.10)
The foregoing instrument wai worn and subscribed before me
(AFFIX SEAL)
The foregoing muniment wis sworn and ttibjcnbtd before
metrus_
by
,20_
who is personally known to me or who has produced
it identilicntion
Noury Public
Note Malt or hind deliver to the designated Bureau of Adminimtjve Review! office, Department of Highway Safety and Motor V ehicles, w th the
driver's license the tppraprtite copy of the UTC, and tta probable euue affidavit I f no DUI arrest is made, ana* HSMV 7(005 (Nonce of
Commenia] Dnver** Ljcense/Pnvileie Dttq uaMcatton)
HSMV 78054 (REV 08/08) S
| For: 47406 Printed On: Feb-07-2013
t
TAMPA PD
GO# 2013-50097 ARREST -PATROL 900D-2 DUI (MISDEMEANOR)
Related Event(s)
CP 2013-50097
Related Person(s)
1. DEFENDANT # 1 - CAMPBELL, CHARLES PHILIP JR
(Case Specific Information)
Sex: MALE
Race: W HI TE
Date of birth: Feb-18-1948
Address: 3304 PALMIRA AV W
Municipality: TAMPA , Florida 33629-
Phone Numbers
Home: (813) 839-4741
Particulars
Place of birth: Colorado
Occupation: ATTORNEY
Employer: SHUMAKER MCKENDRY
Citizenship: America, United States of
Marital status: Married
Ethnicity: Non-Hispanic
Language(s) spok en: English
Height: 5'08 W eight: 165 I bs.
Build: Medium Complexion: FAI R
Eye color: BROWN
Hair color: GRAY OR PARTIALLY GRAY
Hair style: Comb Back
Master Name Index Reference
Name: CAMPBELL, CHARLES PHILIP
Sex: MALE
Race: WHITE
Address: 3304 PALMIRA AV W
Municipality: TAMPA, Florida 33629-
Phone numbers
Home: (813) 839-4741
Linkage factors
Resident status : City (Tampa)
Condition: Consumed Alcohol
Age range : 50-64 Years
Related vehicle # : 1 - 305TUR, FL
| For: 47406 Printed On: Feb-07-2013 (Thu.) Page 7 of 171
s
TAMPA PD
G0# 2013-50097 ARREST -PATROL 900D-2 DUI (MISDEMEANOR)
Offense. 900D- 2 DUI (MISDEMEANOR) - COMPLETED
Arrest date: Jan-24-2013 (Thu.)
Arrest type: Taken into Custody/Booked
Use of Force Details
Date occured: Jan-23-2013 (Wed.)
Location: CASS ST W / TAMPA ST N
Nature of contact: Arrest
Reason: Necessary to Effect Arrest
Subjects present: 1
Subject's conduct:
Compliance
Subject's resistance:
Compliance
Level of force or control used:
Handcuffs
Effects of force used:
On subject:
No Visible Injury, No Complaint of Injury, No Medical Attention Required
Rendered unconscious: NO
Treatment: No Treatment Necessary
Transported to: Jail
On police:
No Visible Injury, No Complaint of Injury, No Medical Attention Required
Officers involved
Reporting officer: 42418 - MCGINNIS, TIMOTHY S
Date reported: Jan-24-2013 (Thu.)
Related Vehicle(s)
1. INVOLVED # 1 - 305TUR, FL VIN# 1N4AL11D65C223769
Master Vehicle Index Reference
License: 305TUR Florida 2013
Year of issue: 2013
License type: Automobile (Regular Passenger)
V TN #: 1N4AL11D65C223769
V ehicle type: AUTOMOBILE
V ehicle style: 4-Door
V ehicle make and model: Nissan Altima
V ehicle year: 2005
V ehicle color: Gray
Miscellaneous information: T16 T15
Owner Information
Owner type: PERSON
Ow ner role: INVOLVED
| For: 47406 Printed On: Feb-07-2013 (Thu.) " Page 8 of 171
t
TAMPA PD
Bicycle Details
Frame sixc: 0
W heel size: 0
Style: 4-Door
Aircraft Detai| _s
Plane type: 0
W ing count: 0
Pass, seats: 0
Style: 4-Door
Watercraft Details
Length: 0
Beam: 0
Expire year: 0
Engine count: 0
Style: 4-Door
| For: 47406 Printed On: Feb-07-2013 (Thu.) Page 9 of 17j
S
TAMPA PD
Related Text Page(s)
Document: CASE SUMMARY
Author: 42418 - MCGINNIS, TIMOTHY S
Related date/time: Jan-23-20I3 (Wed.) 2208
After being stopped, the driver was arrested for DUI
For: 47406 Printed On: Feb-07-20I3 (Thu.)
Page 10 of 17}
t
TAMPA PD
CO# 2013-50097 ARREST -PATROL 900D-2 DUI (MrSDEMEANOR)
Document: INITIAL REPORT
Related date/time: Jan-23-2013 (Wed.) 2208
Sgt Fernandez, observed the driver make a right turn from a through lane
cutting off another vehicle. When he stopped the vehicle, the driver
exited the vehicle. When Sgt Fernandez made contact with the driver, he
observed him to have red/glassy eyes with a distinct odor of an alcoholic
beverage coming from his breath. See supplement for details.
When I made contact with the driver, I also observed him to have red/glassy
eyes with the distinct odor of an alcoholic beverage coming from his
breath.I asked the driver to perform some FSE's. The driver at first
agreed to, but then refused to perform them. I informed the driver that he
was under arrest for BUT. See video.
After transporting the driver to CBT, I read to him Florida's implied
consent law. He acknowledged that he understood but would not take the
breath test. The driver was then released to Central booking.
| For: 47406 Printed On: Feb-07-2013 (Thu.) " Page 11 of l 7J
s
TAMPA PD
Document: SUPPLEMENTAL
Author: 42363 - FERNANDEZ, RAYMOND
On 1/23/13 I was stopped at Madison and Ashley facing w/b when I first
observed the suspect vehicle. The vehicle was pulling out of the Malios
valet area and went n/b on Ashley Dr. The vehicle switched lanes between
the outside and center as it traveled n/b at a slow speed. The vehicle was
in the outisde through lane as it approached Case St. There was other
traffic in the outside lane which is a right turn only onto Cass St. The
vehicle made the right turn from the through lane and cut infront of the
vehicle in the turn lane. I activated my emergency equipment to conduct a
stop for the infraction.
The vehicle stopped on Cass St just prior to Tampa St. The defendant
exited the vehicle prior to me approaching and appeared to be unsteady. I
approached the defendant and observed him to have glassy / bloodshot eye's
and had the distinct odor of an alcoholic beverage on his breath. I asked
him how much he had to drink and he said "zero". Based on my observations
I had him step over to the sidewalk area and requested a DUI Unit.
Ofc McGinnis arrived and conducted the DUI investigation. I had no further
actions.
j For: 47406 Printed On: Feb-07-2013 (Thu,) Page 12 of 171
TAMPA PD
GO# 2013-50097 ARREST -PATROL 900D-2 DUI (MI SDEMEANOR)
Document: ATTACHMENT
Subject: CAMPBELL, CHARLES PHILIP
DUI FIELD SOBRIETY TESTING ATTACHMENT:
[_] SFST ADMINISTERED [x] SFST REFUSED
VIDEO EVIDENCE? [y]
SFST LOCATION:
[_] PARKING LOT [_] ROADWAY [_] SIDEWALK
OTHER (DESCRIBE) { }
PHYSICAL / MEDICAL ISSUES
[_] PHYSICAL DISABILITY: { }
[_] MEDICAL PROBLEMS: { }
M MEDICATION: { }
VISION
[_] EYEGLASSES [J CONTACT LENSES
EYE PROBLEM (DESCIBE) { }
TYPE FOOTWEAR
[_] FLATS [J SANDALS [J ATHLETIC
[_] FOOTWEAR REMOVED
OTHER (DESCRIBE) { }
STANDARDIZED FIELD SOBRIETY TESTS
HORI ZONTAL GAZE NYSTAGMUS
M I NCAPABLE OF FOLLOW I NG STI MULUS
(DESCRI BE) { }
[X] EQUAL TRACKI NG [x] EQUAL PUPI LS
LACK OF SMOOTH PURSUI T
MAXI MUM DEV I ATI ON
45 DEGREE ONSET
LEFT EYE
[x]
[x]
[x]
RI GHT EYE
[X]
[X]
[X]
| For; 47406 Printed On: Feb-07-2013 (Thu.) Page 13 of 171
TAMPA PD
[_J VERTICAL GAZE NYSTAGMUS
WALK AND TURN
[_] FAILS TO MAINTAIN BALANCE
M STARTS PRIOR TO INSTRUCTIONS
[_] STOPS WALKING
[_] DOES NOT TOUCH HEEL TO TOE
[_] STEPS OFF LINE
[_] IMPROPER/LOSS OF BALANCE ON TURN
[_] INCORRECT NUMBER OF STEPS (# [___])
[_] USES ARMS FOR BALANCE
[_] UNABLE TO PERFORM
(DESCRIBE) { }
COMMENTS; { }
ONE LEG STAND
[_] SWAYS WHILE BALANCING
[_J USES ARMS FOR BALANCE
[_] HOPPING
[_] PUTS FOOT DOWN
{ } LEG USED?
[_] UNABLE TO PERFORM (DESCRIBE) { }
COMMENTS: { }
FINGER TO NOSE
[_] EYES DO NOT REMAIN CLOSED
[_] FAILS TO RETURN ARMS TO SIDE
[_] FAILS TO TOUCH NOSE WITH INDEX FINGER
[_] WRONG HAND
M UNABLE TO PERFORM (DESCRIBE) { }
COMMENTS: { }
ALPHABET TEST (A THROUGH Z)
[_] EYES DO NOT REMAIN CLOSED
M NOTICEABLE SWAY
[J INCORRECT RECITATION
[ ] USES ARMS FOR BALANCE (RAISED MORE THAN 6 INCHES)
{For: 47406 Printed On: Feb-07-2013 (Thu.) Page 14of 17{
t
TAMPA PD
GO# 2013-50097 ARREST -PATROL 900D-2 DCI (MISDEMEANOR)
[__] UNABLE TO PERFORM (DESCRIBE) { }
COMMENTS: { }
COUNTING BACKWARD (100 TO 75)
[J EYES DO NOT REMAIN CLOSED
M NOTICEABLE SWAY
M INCORRECT RECITATION
[_] USES ARMS FOR BALANCE (RAISED MORE THAN 6 INCHES)
[_] UNABLE TO PERFORM (DESCRIBE) { }
COMMENTS: { }
MIRANDA WARNINGS: READ BY { } [_J UNDERSTOOD
IMPLIED CONSENT: READ BY {TS McGinnis } [y] UNDERSTOOD
[ ] AGREE [x] REFUSED
I For: 47406 Printed On: Feb-07-2013 (Thu.) Page 15 of 17]
t
TAMPA PD
G0# 2013-50097 ARREST -PATROL 900D-2 Dili (MI SDEMEANOR)
Clearance Information
Agency: TPD
Cleared status: Cleared by Arrest - Adult - Not Applicable
Cleared on: Jan-23-2013 (Wed.)
Complainant/V ictim notified: iNO
\ For: 47406 Printed On; Feb-07-2013 (Thu.) Pagel6ofl7|
s
TAMPA PD
20O-50097 ARREST -PATROL 900D-2 DUI (MISDEMEANOR)
*** END OF HARDCOPY ***
I For: 47406 Printed On: Feb-07-2013 (Thu.) Pagel7oft7|
THE F L O R I D A BA R
M A I L I N G A D D R E S S : P H Y S I C A L A D D R E S S :
J O H N F . H A R K N E S S , J R . 4200 G E O R G E J . B E A N P A R K W A Y A I R P O R T M A R R I O T T H O T E L 813-875-9821
E X E C U T I V E D I R E C T O R S UI T E 2580 SU I T E 2580 W W W .F L O R I D A B A R .O R G
T AMPA, F L 33607-1496 T AMP A, F L 33607-1496 FAX : 813-872-6953
January 30, 2013
VI A R EG UL A R M A I L
T ampa Police D epartment
Attn: R ecords
411 N. Franklin Street
T ampa, FL 33602
R e: P olice R eport for C harles P hilip C ampbell, J r.
Tampa P olice D epartment R eport N o. 2013-050097
F lorida Bar C ase N o. 2013-10, 697 (13F )
D ear Sir/Madam:
T his letter shall serve as a request for a copy of the police report for C harles Philip C ampbell, Jr.
with regard to the above-referenced report number. Mr. C ampbell's date of birth is February 18,
1948; and the arrest took place on January 23, 2013, at 11:43 p.m. E nclosed please find check
no. 1769 in the amount of $2.00, made payable to the C ity of T ampa.
Kindly mail the police report in the enclosed self-addressed stamped envelope to my attention.
T hank you in advance for your assistance and if you should require any additional information,
please do not hesitate to contact me directly at (813) 875-9821, ext. 4315.
Sincerely,
Antonella D 'Angelo
C lerk
Read Read Read Read: :: : TFBvs TFBvs TFBvs TFBvs. .. . C CC C. .. . PhilipCampbell PhilipCampbell PhilipCampbell PhilipCampbell / // / 2013-10,697 2013-10,697 2013-10,697 2013-10,697( (( (13 13 13 13F FF F
!a"# !a"# !a"# !a"#, ,, , Ri$ha"d Ri$ha"d Ri$ha"d Ri$ha"d #%: &R%'se()laba".%"* 02/12/201303:30P+
Your message was read on Tuesday, February 12, 2013 8:30:24 PM UTC.Final-recipient: RFC822;
rhart@co.pinellas.fl.us
Disposition: automatic-action/MDN-sent-automatically; displayed
X-MSExch-Correlation-Key: qiNhlpelhUqdau8B9tlbXA==
Original-Message-ID:
<OF235E8191.5723DF7A-ON85257B10.006B5B9E-85257B10.006B8A3B@flabar.org>
X-Display-Name: Hart, Richard
Smith, Tozian &
ATTORNEYS AT LAW
DONALD A SMITH JR
SCOTT K TOZIAN
GWENDOLYN H HINKLE
DEBRA J DAVIS
TODD W MESSNER
February 19, 2013
< P . J 4 _ . \ < ! FE B 25 arc
SUITE 200, 109 N BRUSH STREET
TAMPA, FLORIDA 33602
PHONE (813) 273-0063
FAX (813) 221-8832
emall@smithtozian com
www flondabardefense com
PE RSONAL AND CONFIDE NTIAL
Jodi A. Thompson, E squire
The Florida B ar
4200 George J. B ean Parkway Suite 25 80
Re: Inquiry/Complaint of The Florida B ar against C. Philip Campbell, Jr., E squire
The Florida B ar File No. 2013-10,697( 13F)
Dear Ms. Thompson:
As I explained by telephone, we have been retained to represent Mr. Campbell in the above-
styled Florida B ar inquiry. Mr. Campbell's response to this inquiry follows.
Mr. Campbell ac knowledges that he was arrested on the c harge of DUI on the evening of January
23, 2013, but he c ategoric ally denies being under the influenc e of alc ohol to the extent that his
normal fac ulties were impaired at suc h time. The c irc umstanc es leading up to his arrest have
been well c hronic led in the print and broadc ast media, and c ast doubt on the legitimac y of the
c harge.
When the c riminal c ase has been resolved we will c ontac t you to advise of the outc ome and
provide further detail at that time if nec essary.
We are enc losing the Certific ate of Disc losure exec uted by Mr. Campbell. Please feel free to
c ontac t me if you have any questions.
Sc ott KAToziari, E sq
SKT/klc
E nc losure: Per above
c c : C. Philip Campbell, Jr., E squire
Pursuant to Rule 3-7. l(f), Rules of Discipline, you must execute the appropriate disclosure
I HEREBY CERTIFY that on this 4T day of f^d^^M , 20 jg, a true copy of
the foregoing disclosure was furnished to CT^TV/t"! /^ ^"fr-t f^H a member of
my present law firm of S &j wA-VLVL L-0& P .
and/or to 7~'vOA 77 yt
r
Y*VL
r
v
n
4-t> Sf l/mf&L- a.member of the law firm of
w
i
m
which I was associated
at the time of the act(s) giving rise to the complaint i^ The Florida Bar File No. 2013-10,697
(13F).
I HEREBY CERTIFY that on this day of _, 20 a true copy of the
foregoing disclosure was furnished to , my supervisor at
___ (name of agency), with
which 1 was associated at the time of the act(s) giving rise to the complaint in The Florida Bar
File No. 2013-10,697 (13F).
(Sole Practitioner)
I HEREBY CERTIFY to The Florida Bar on this day of , 20 ,
that I am not presently affiliated with a law firm and was not affiliated with a law firm at the time
Pursuant to Rule 3-7.1(1), Rules of Discipline, you must execute the appropriate disclosure
I HEREBY CERTIFY that on this 3? day of f-gU(^/V/l , 201*. a true copy of
the foregoing disclosure was furnished to M/vr vf t ' T /f*^ ^~&&L C-M , a member of
my present law
and/or to 7~&C& Tiy\ TMtifyÂ-i) Si V'&l'V&L*- , a ^member of the law firm of
with which I was associated
at the time of the act(s) giving rise to the complaint i^ The Flo/ida Bar File No. 2013-10,697
(13F).
I HEREBY CERTIFY that on this _ day of , 20_ a true copy of the
foregoing disclosure was furnished to , my supervisor at
^___ _.___ (name of agency), with
which I was associated at the time of the act(s) giving rise to the complaint in The Florida Bar
File No. 2013-10,697 (13F).
(Sole Practitioner)
I HEREBY CERTIFY to The Florida Bar on this day of , 20 ,
that I am not presently affiliated with a law firm and was not affiliated with a law firm at the t i me
Judge orders mediation in Bubba-MJ saga
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By Erin Maloney , Reporter
Last Updated: Friday, March 08, 2013,11:34 AM
19
Animation of inside the conclave
KLYSTRON 9: BAY AREA
TAMPA - Ajudge overseeing the battle between two popular Tampa
radio DJs has sent both sides into mediation.
Todd "MJ" Schnitt and Bubba "The Love Sponge" Clemwere involved in
a defamation suit in January. Schnitt lost the defamation lawsuit against
radio rival Clembut vowed to appeal the jury's decision.
One of Schnitt's attorneys was arrested during the trial for suspicion of
DUI and claims he was set up by the law firm representing Bubba. After
the trial, Schnitt fired his attorneys.
Now, Schnitt's new attorneys want answers fromthe involved parties
and a new trial. That includes law enforcement, attorneys on both sides
and even employees of Malio's, the restaurant where Schnitt's former
attorney C. Philip Campbell was allegedly drinking before being
arrested.
If both sides do not reach an agreement before April 22, Judge James
Arnold will make a decision on the motion for a new trial.
"We all have other work to do, and I'minclined to get this case over
with," Judge Arnold said.
"We're going to do that (meet) next week," said Schnitt's attorney, Will
Florin. "If we're unsuccessful getting the case resolved, then we're going
VIDEO STORIES
Attorneys in Bubba-MJ case head to
mediation ) <
MORE INFORMATION
Testimony comes to a close (Jan.
29}
Mistrial request denied in DJ trial
f Jan. 28)
'MJ' attorney arrested for DUI {Jan.
241
Read the verdict formiurv
members received f.pdf)
VIEWER IPOLL
If any wrongdoing in the previous MJ-
Bubba trial is proved, do you think a
new defamation trial should take
place?
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to, with the courts permission that you heard today, take depositions of
the people involved."
"Mr. Vaca and t are focused like laser beams on preserving this trial
verdict for Mr. Clem," said Clem's attorney, Joe Diaco. "The jury and the
community spoke as loudly as a jury can."
Bubba wins: 'First Amendment is alive and kicking.' he savs
Past stories on the Bubba-MJ trial
Yes
No
Not sure
View all recent polls
This poll is not scientific and reflects the opinions of
only those internet users who have chosen to
participate.
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Tony Little! Now available
your local On Demand
channel!!
And, email your video to video@youondemand.com
now!
In the paperwork, Bubba's lawyers say the paralegal, Melissa Personius,
who was in the restaurant with Campbell, had nothing to do with the alleged setup. They claimthe two were
drinking for hours at Malio's restaurant when Campbell allegedly offered her a ride home.
The paperwork goes on to allege Campbell took Personius' valet ticket and her car keys, and began to drive her
home. Six blocks later, they were pulled over by a Tampa police officer.
Officials say Personius never told Campbell that information.
In a signed affidavit filed Monday, Clem's attorney Steven Diaco denied any claims of wrongdoing - saying he didn't
direct any of his staff to setup Schnitt's former attorney for DUI.
In another document, Personius said she was not told by anyone at the firmto lie about where she worked. She
also said she never asked Campbell to drive her car, adding that she insisted on driving when the two left the
restaurant.
However, someone on Diaco's legal teamdid call Tampa Police to report Campbell driving after drinking at the
restaurant. The question of who made that call has not been answered.
Schnitt's request for a new trial could take months to answer.
Meanwhile, the Florida Bar also is investigating the DUI incident.
If any wrongdoing is discovered, the lawyers could face discipline - including disbarment.
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US economy adds 236,000 jobs in February; jobless rate falls to 7.7 pet., lowest in 4 years.
Bubba-MJ saga returns to court Friday
ofbmci
SPRING INTO
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By Jason Lanning , Reporter
Last Updated: Friday, March 08, 2013,9:26 AM
TAMPA- The saga continues Friday in the battle between two popular
Tampa radio DJs.
Todd "MJ" Schnitt and Bubba "The Love Sponge" Clemwere involved in
a defamation suit in January, Schnitt lost the defamation lawsuit against
radio rival Clembut vowed to appeal the jury's decision.
One of Schnitt's attorneys was arrested during the trial for suspicion of
DUI and claims he was set up by the law firmrepresenting Bubba. After
the trial, Schnitt fired his attorneys.
Sky 9video from the scene: Polk fatal crash
KLYSTRON 9: BAY AREA
MORE INFORMATION
Testimony comes to a close I Jan.
29)
Mistrial request denied in DJ trial
(Jan. 28)
'MJ' attorney arrested for DUI (Jan.
241
Read the verdict formjury
members received t.pdfl
Now, Schnitt's new attorneys want answers fromthe involved parties
and a new trial. That includes law enforcement, attorneys on both sides
and even employees of Malio's, the restaurant where Schnitt's former attorney C. Philip Campbell was allegedly
drinking before being arrested.
Bubba wins: 'First Amendment is alive and kickino.' he savs
Past stones on the Bubba-MJ trial
In the paperwork, Bubba's lawyers say the paralegal, Melissa Personius, who was in the restaurant with Campbell,
had nothing to do with the alleged setup. They claimthe two were drinking for hours at Malio's restaurant when
Campbell allegedly offered her a ride home.
The paperwork goes on to allege Campbell took Personius' valet ticket and her car keys, and began to drive her
home. Six blocks later, they were pulled over by a Tampa police officer.
YOU ON DEMAND
Page 2 of 3
Officials say Personius never told Campbell that information.
In a signed affidavit filed Monday, Clem's attorney Steven Diaco denied any claims of wrongdoing - saying he didn't
direct any of his staff to setup Schnitt's former attorney for DUi.
In another document, Personius said she was not told by anyone at the firmto lie about where she worked. She
also said she never asked Campbell to drive her car, adding that she insisted on driving when the two left the
restaurant.
IB
Watch the NEW YOU on
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Tony Little! Now available
your local On Demand
channel!!
And, email your video to video@youondemandxom
now!
However, someone on Diaco's legal teamdid call Tampa Police to report Campbell driving after drinking at the
restaurant. The question of who made that call has not been answered.
Schnitt's request for a new trial could take months to answer.
Meanwhile, the Florida Bar also is investigating the DUI incident.
If any wrongdoing is discovered, the lawyers could face discipline - including disbarment.
BREAKING NEWS ALERTS
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alerts with Bay News 9 NOW delivered directly to
your email and/or cell phone.
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mm mm,

The Florida Bar
Executive Director
Tampa Branch Office
(813) 875-9821
www.FLORIDABAR.org
March 14, 2013
VIA HAND DELIVERY
Matthew Lee Felix, Esq.
Older, Lundy & Weisman
3014 W. Palmira Avenue; Suite 301
RE Complaint by The Florida Bar against C Philip Campbell Jr.
Dear Ms. Ward:
The above-referenced matter is being forwarded to your committee for investigation and
appropriate action. Potential violations include but are not limited to Rule 3-4.3 (Misconduct
and Minor Misconduct); and Rule 4-8.4(b) (Commit a criminal act that reflects adversely on the
lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects).

A copy of the file is available on the secure GC website.

Sincerely,

Bar Counsel
JT/dr
cc: Scott K. Tozian, Esq., Counsel for Respondent
Smith, 'Tozian & JfinfiCe, < P . Jl .
ATTORNEYS AT LAW
T A MP A B R A N C H
DONALD A. SMITH, JR.
SCOTT K. TOZIAN
GWENDOLYN H. HINKLE
DEBRA J. DAVIS
TODD W. MESSNER
SUITE 200, 109 N. BRUSH STREET
PHONE (813) 273-0063
FAX (813) 221-8832
emailfflismithtozian.com
www.floridabardefense.com
March 15,2013
PERSONAL AND CONFIDENTIAL
Matthew Lee Felix, Esquire
Older, Lundy & Weisman
3014 W. Palmira Avenue, Suite 301
The Florida Bar File No. 2013-10,697(13F)
Dear Mr. Felix:
This firm represents C. Philip Campbell, Jr., Esquire. I have been advised that the above-
referenced matter has been forwarded to your committee for investigation. When you have
assigned the file to a member of the committee, please notify me and ask that member to contact
me.
Sincerely,
ur squire
SKT/ed
cc: Jodi Anderson Thompson, Esquire
C. Philip Campbell, Jr., Esquire
IN THE SUPREME COURT OF FLORIDA
(Before a Grievance Committee)
IN RE: Complaint by The Florida Bar Against C. Philip Campbell, Jr.
NOTICE OF ASSIGNMENT OF
INVESTIGATING MEMBER AND/OR PANEL
TO: C. Philip Campbell, Jr.
c/o Scott Kevork Tozian, Esq.
Smith, Tozian & Hinkle, P.A.
109 N. Brush Street; Suite 200
Tele: (813)273-0063
The complaint is hereby assigned to Laurel Moore Lee, Esq., United States Attorney's Office,
400 N. Tampa Street; Suite 3200, Tampa, Florida 33602-4798; (813) 274-6000 and Richard
Henry Martin, Esq., Akerman Senterfitt, 401 E. Jackson Street; Suite 1700, Tampa, Florida
33602-5250; (813) 223-7333 for investigation:
Notice is given that this case will be considered by the committee.
Respondent and complainant shall contact the investigating member within ten (10) days from
the date of this notice to discuss the investigation and disposition of this complaint.
DATED this 15
th
day of March, 2013.
Jo&i Knderson Thompson (I
BabCounsel
The Florida Bar
Tampa Branch Office
Tampa, Florida 3 3 607-1496
(813) 875-9821
Copies furnished to:
1. Matthew Lee Felix, Esq., Chair
2. Laurel Moore Lee, Esq., Co-Investigating Member
3. Richard Henry Martin, Esq., Co-Investigating Member
Smith,
c
Tozian & Jfinfye, <P.fi.
ATTORNEYS AT LAW
DONALD A. SMITH, JR.
SCOTT K. TOZIAN
GWENDOLYN H. HINKLE
DEBRA J. DAVIS
TODD W. MESSNER
SUITE 200, 109 N. BRUSH STREET
PHONE (813) 273-0063
FAX (813) 221-8832
emailfflsmithtozian.com
www.lloridabardefense.com
March 19,2013
PERSONAL AND CONFIDENTIAL
Laurel Moore Lee, Esquire
United States Attorney's Office
400 North Tampa Street, Suite 3200
5) E 6 I JI VE El
and
A M AR 21 20 13 H
Richard Henry Martin, Esquire
TAMPA BRANCH |
FLORIDA BAR
Akerman Senterfitt ~~~
401 East Jackson Street, suite 1700
The Florida Bar File No. 2013-10,697(13F)
Dear Ms. Lee and Mr. Martin:
This firm represents C. Philip Campbell, Jr., Esquire. I have been advised that you have been
assigned to investigate the above-referenced matter. After you have had an opportunity to review
the file, please contact my office when you wish to discuss the matter with Mr. Campbell and me.
I look forward to hearing from you.
SKT/klc
cc: Jodi Anderson Thompson, Esquire
C. Philip Campbell, Jr., Esquire
THE FLORIDA BAR
JOHN F. HARKNESS, JR.
EXECUTIVE DIRECTOR
MAILING ADDRESS:
4200 GEORGE J. BEAN PARKWAY
SUITE 2580
TAMPA, FL 33607-1496
PHYSICAL ADDRESS:
AIRPORT MARRIOTT HOTEL
SUITE 2580
TAMPA, FL 33607-1496
813-875-9821
WWW.FLORIDABAR.ORG
FAX: 813-872-6953
April 9, 2013
DUI Department
Office of the State Attorney
13
th
Judicial Circuit -Hillsborough County
419 N. Pierce Street
Re: Defendant: Charles Philip Campbell
Defendant's Date of Birth: 2/18/1948
Florida DUI Uniform Traffic Citation No. 6523-XEP
Florida Bar Case No. 2013-10,697 (13F)
Dear Sir/Madam:
This office is investigating a matter with regard to the above-referenced defendant. This letter
shall serve as a request for a copy of the two (2) DUI videos associated with the arrest of Charles
Philip Campbell, Jr. The arrest took place on January 23, 2013, at 11:43 p.m. Enclosed please
find two (2) blank DVDs and a self-addressed stamped envelope for your convenience.
Kindly mail the copies of the DVDs to my attention in the envelope provided herein. Thank you
in advance for your assistance and if you should require any additional information, please do
not hesitate to contact me directly at (813) 875-9821, ext. 4315.
Sincerely,
Antonella D'Angelo, Clerk
Enclosures
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Your message
To: Scott K. Tozian; Ashley Pomnitz
Subject: Fw: TFB vs. C. Philip Campbell, Jr. - EVIDENTIARY HEARING
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Read Read Read Read: :: : TFBvs TFBvs TFBvs TFBvs. .. . C CC C. .. . PhilipCampbell PhilipCampbell PhilipCampbell PhilipCampbell , ,, , Jr Jr Jr Jr.- .- .- .- EVIDENTIARYEARIN! EVIDENTIARYEARIN! EVIDENTIARYEARIN! EVIDENTIARYEARIN!
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B##: Dia(aR$2se
Your message
To: Scott K. Tozian; Ashley Pomnitz
Cc:
Sent: Fri, 17 May 2013 14:30:57 -0400
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Final-Recipient: RFC822; stozian@smithtozian.com
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Read Read Read Read: :: : Fw Fw Fw Fw: :: : TFBvs TFBvs TFBvs TFBvs. .. . C CC C. .. . PhilipCampbell PhilipCampbell PhilipCampbell PhilipCampbell , ,, , Jr Jr Jr Jr.- .- .- .- EVIDENTIAR!EARIN" EVIDENTIAR!EARIN" EVIDENTIAR!EARIN" EVIDENTIAR!EARIN"
Ashle#P$m%i&' Ashle#P$m%i&' Ashle#P$m%i&' Ashle#P$m%i&' &$: Dia%aR$(se )*+,-+,)./)0:.1A2
Your message
To: Scott K. Tozian
Cc: Ashley Pomnitz
Sent: Thu, 23 May 2013 10:52:55 -0400
was read on Fri, 24 May 2013 08:12:48 -0400
Final-Recipient: RFC822; APomnitz@smithtozian.com
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<OF59989201.3AEE4267-ON85257B74.005168DB-85257B74.0051C250@flabar.org>
JOHN M. FITZGIBBONS*
CRIMINAL LAW
OF COUNS EL
B. KAY KLEI N
CRIMINAL LAW
T H E L A W O F F I C E S OF
JOHN M . FI TZGI BBONS
TA MP A TH E A TR E BU I L D I NG
S U I TE 700
707 NOR TH F R A NK L I N S TR E E T
TA MP A , F L OR I D A 3 3 8 02 - 4 4 4 1
( B13) 2S 1- 8800
E-MAIL: fitzgibbons.law@verizon.net
A u g u s t 1 , 201 3
S A R A S OTA O F F I C E
2 7 BO R I NGL I NG BOU L E V A R D
S U I TE 4
S A R A S OTA , F L OR I D A 348 37
( O i l ) 85 3- 8887
Ms. J o d i Tho mps o n
The F l o r i d a Ba r
4200 G e o r g e Be a n P a r k w a y
S u i t e 2580
Ta mpa , F l o r i d a 336 07
0 E_liMJ
H\[ A U G 0 5 2 01 3
FLORIDA BA R
TA MPA BRA NCH
D e a r Ms. Tho mps o n:
P u r s u a n t t o y o u r r e q u e s t , p l e a s e f i n d e n c l o s e d a c o p y o f t h e
DMV A d m i n i s t r a t i v e H e a r i n g w h i c h w a s c o n d u c t e d o n F e b r u a r y 27 ,
201 3.
S i n c e r e l
u r s ,
J o h n M. F i t z g i b b o n s
* BOARD CERT I F I ED CRIMINAL TRIAL LAWYER, FLORIDA BAR BOARD OF GERTJCFTCATION
AND
BOARD GERTIOTBD GHIMINAL TRIAL ADVOCATE, NATIONAL BOARS OF TRIAL ADVOCACY
FORMAL REVIEW HEARING 2-27-13 ( 2)
Pa ge 1
1
2
3
4
5 i n Re: C ha r l e s P. C a mpb e l l , J r .
C i t a t i o n Number : 6523CEP
6
/
7
8
9
10
11 FORMAL REVIEW HEARING
12 BEFORE HEARING OFFICER VERNON HOWELL
13 Wed nesd a y, F e b r u a r y 27, 2013
3:52 p.m. - 4:55 p.m.
14
Bur ea u o f A d m i n i s t r a t i v e Rev i ews
15 2814 Ea st H i l l s b o r o u g h Av enue
Ta mpa , F l o r i d a
16
17
18
19
20
21
22
23
24
REPORTED BY:
F ELITA J . F ABRICIUS, CSR(KS), RPR
25 No t a r y P u b l i c , St a t e o f F l o r i d a
Pa ge 2
APPEARANCES:
Pa ge 1
JOHN M. F ITZGIBBONS, ESQUIRE
The Law Of f i c e s o f J o hn M. F i t z g i b b o n s
Ta mpa The a t r e Bu i l d i n g
707 No r t h F r a n k l i n s t r e e t
Su i t e 700
Ta mpa , F l o r i d a 33602
813.221.8800
A t t o r n e y f o r C ha r l e s P. C a mpb e l l , J r .
ALSO PRESENT:
8
Wi l l i a m A. Lo u g her y, Es q u i r e
9 A s s i s t a n t St a t e A t t o r n e y
C r i m i n a l J u s t i c e c e nt e r
10 14250 - 49th St r e e t No r t h
C l e a r w a t e r , F l o r i d a 33762
11 727.464.6221
12 Ri c ha r d L. H a r t , i n v e s t i g a t o r
C r i m i n a l j u s t i c e C e nt e r
13 14250 - 49th St r e e t No r t h
C l e a r w a t e r , F l o r i d a 33762
14 727.464.6221
15
16
17
18
19
20
21
22
23
24
25
Pa ge 3
1 INDEX
2 PAGE
3 P r o c e e d i ng s 4
4 Ex a mi na t i o n o f Se r g e a nt F er na nd ez 8
5 Ex a mi na t i o n o f o f f i c e r Mc Gi nni s 55
Pa ge 2
F ORMAL REVIEW HEARING 2-27-13 ( 2)
6 C e r t i f i c a t e o f Re po r t e r 71
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Pa ge 4
1 The f o r ma l r e v i e w he a r i ng wa s t a k e n o n t he 27th o f
2 F e b r u a r y , 2013, co mmenci ng a t 3:50 p.m., a t t he Bur ea u
3 o f A d m i n i s t r a t i v e Rev i ews, 2814 Ea st H i l l s b o r o u g h
4 Av enue, Ta mpa , F l o r i d a . Sa i d f o r ma l r e v i e w he a r i ng wa s
5 r e p o r t e d by F e l i t a 3. F a b r i c i u s , C SR(KS), RPR, No t a r y
6 P u b l i c , s t a t e o f F l o r i d a .
7
8 P R O C E E D I N G S
9 HEARING OF F IC ER: A l l r i g h t . Thi s i s t he
Pa ge 3
10 27th day o f F e b r u a r y , 2013. The c u r r e n t t i me i s
11 3:52 p.m. I am HSMV F i e l d H e a r i ng o f f i c e r Ver no n
12 Ho we!1.
13 T h i s i s a f o r ma l r e v i e w b e i ng he l d i n
14 a c c o r d a nc e w i t h c ha pt e r 15A-6 o f t he F l o r i d a
15 A d m i n i s t r a t i v e Code a nd s e c t i o n 322.2615 o f t he
16 F l o r i d a St a t u t e s . Thi s r e v i e w c o nc e r ns t h e
17 s u s pe ns i o n o f t he d r i v i n g p r i v i l e g e o f Mr . C ha r l e s
18 P h i l i p C a mpb e l l , Jr ., o n J a nu a r y 23rd, 2013 f o r
19 r e f u s i n g t o s u b mi t t o a b r e a t h t e s t .
20 l i c e n s e number i s
21
22 Thi s r e v i e w has been s c he d u l e d for one ho u r .
23 The sc o pe o f t h i s r e v i e w s h a l l be l i m i t e d t o the
24 f o l l o w i n g i s s u e s :
25 Whether t he l a w e nf o r c e me nt o f f i c e r ha d
Pa ge 5
1 pr o b a b l e c a use t o b e l i e v e t h at Mr . C a mpb el l was
2 d r i v i n g o r i n a c t u a l p h y s i c a l c o n t r o l o f a mo t o r
3 v e h i c l e i n t he s t a t e w h i l e b e i ng und er t he
4 i n f l u e n c e o f a n a l c o h o l i c b ev er a ge o r a c he mi c a l o r
5 a c o n t r o l l e d s u b s t a nc e ; and a l s o w he t he r
6 Mr . C a mpb el l r e f u s e d t o s u b mi t t o any suc h t e st s
7 w h i l e b e i ng r e q u e s t e d t o d o so by a l a w e nf o r c e me nt
8 o r a c o r r e c t i o n o f f i c e r ; and a l s o w he t he r
9 Mr . C a mpb el l was t o l d i f he r e f u s e d suc h t e st s, h i s
10 p r i v i l e g e t o o pe r a t e a mo to r v e h i c l e w o u l d be
11 suspend ed f o r a p e r i o d o f o ne y e a r ; o r i n t he c a se
12 o f a sec o nd o r a s u b s eq u ent r e f u s a l , f o r a p e r i o d
13 o f 18 mo nths.
Pa ge 4
FORMAL REVIEW HEARING 2-27 -1 3 ( 2)
1 4 The d r i v e r i s no t pr e s e nt . Ho wev er , he i s
1 5 r e pr e s e nt e d by c o u ns e l . C o u ns e l , pl e a s e i d e n t i f y
1 6 y o u r s e l f f o r t he r e c o r d .
1 7 MR. F ITZGIBBONS: Yes. J o hn F i t z g i b b o n s ,
1 8 Ta mpa , F l o r i d a .
1 9 H EA RING OFFICER: A l l r i g h t . Ha v e yo u ex c used
20 a ny w i t ne s s e s p r i o r t o t h i s r e v i e w ?
21 MR. F ITZG IBBONS: I'm s o r r y ?
22 H EA RING OFFICER: Ha v e yo u ex c used a ny
23 w i t ne s s e s p r i o r t o t h i s r e v i e w ?
24 MR. F ITZGIBBONS: NO.
25 HEARING OF F ICER: A l l r i g h t . We d o ha v e two
Pa ge 6
1 w i t ne s s e s pr e s e nt , a nd i f yo u ca n pl e a s e i d e n t i f y
2 y o u r s e l f f o r t he r e c o r d .
3 SERGEANT FERNANDEZ: Se r g e a nt Ra ymond
4 F er na nd ez , Ta mpa P o l i c e D e pa r t me nt .
5 OF F IC ER MCGINNIS: o f f i c e r Ti m M c G i nni s , c i t y
6 o f Ta mpa P o l i c e D e pa r t me nt .
7 H EA RING OF F IC ER: o ka y. Tha nk y o u . I ' l l now
8 r e v i e w o h, we a l s o ha v e two o b s e r v e r s pr e s e nt .
9 i f yo u ca n a l s o pl e a s e i d e n t i f y y o u r s e l v e s f o r t he
1 0 r e c o r d .
1 1 MR. LOUGHERY: My name i s Wi l l i a m Lo u g her y
1 2 f r o m t he St a t e A t t o r n e y 's o f f i c e i n P i n e l l a s
1 3 C o unty.
1 4 MR. H ART: Ri c k H a r t w i t h t he St a t e A t t o r n e y 's
1 5 o f f i c e i n P i n e l l a s c o u nt y .
1 6 H EA RING OFFICER: And we a l s o ha v e a c o u r t
1 7 r e p o r t e r , i f yo u c a n pl e a s e i d e n t i f y y o u r s e l f f o r
Pa ge 5
F ORMAL REVIEW H EA RING 2-27-13 (2)
18 t he r e c o r d .
19 TH E REPORTER: F e l i t a F a b r i c i u s w i t h St r a t o s
20 Le g a l .
21 H EA RING OF F IC ER: Tha nk yo u , ma'am. I ' l l now
22 r e v i e w a nd ma r k t he d o c uments. DDL 1 w i l l be t he
23 F l o r i d a D U I Uni f o r m T r a f f i c c i t a t i o n , Number
24 6523XEP. DDL 2 w i l l be t he F l o r i d a d r i v e r 's
25 l i c e n s e o f C ha r l e s P h i l i p C a mpb el l , J r . DDL 3 w i l l
Pa ge 7
1 be t he c r i m i n a l r e p o r t a f f i d a v i t . DDL 4 w i l l be
2 t he D U I r e p o r t . DDL 5 w i l l be t he b r e a t h a l c o h o l
3 a n a l y s i s r e p o r t , 20-mi nu t e o b s e r v a t i o n . DDL 6 w i l l
4 be a f f i d a v i t o f r e f u s a l t o s u b mi t t o a b r e a t h t e s t .
5 DDL 7 w i l l be t he u n c e r t i f i e d t r a n s c r i p t o f t he
6 d r i v e r r e c o r d o f C ha r l e s P h i l i p C a mpb e l l , J r .
7 T h i s c o nc l u d e s my r e v i e w o f t he d o c uments.
8 The d o c uments a r e now e nt e r e d i n t o t he r e c o r d .
9 C o u ns e l , ha v e yo u ha d a n o p p o r t u n i t y t o r e v i e w
10 t he d o c uments?
11 MR. F ITZG IBBONS: I ha v e.
12 H EA RING OF F IC ER: Do yo u ha v e a ny o b j e c t i o n t o
13 t he d o c uments?
14 MR. F ITZGIBBONS: I d o no t .
15 HEARING OF F IC ER: A l l r i g h t . Yo u ha v e
16 sub po ena ed t wo w i t ne s s e s , who w o u l d yo u l i k e t o
17 b e g i n w i t h ?
18 MR. F ITZGIBBONS: I ' l l b e g i n w i t h Se r g e a nt
19 F er na nd ez .
20 H EA RING OF F IC ER: Se r g e a nt F er na nd ez .
21 s e r g e a nt F er na nd ez , d o yo u swea r o r a f f i r m t he
Pa ge 6
FORMAL REVIEW HEARING 2-27 -1 3 ( 2)
22 t e s t i mo ny yo u a r e a b o u t t o g i v e i s t he t r u t h , t he
23 w ho l e t r u t h a nd no t hi ng b u t t he t r u t h ?
24 SERGEANT FERNANDEZ: Yes, s i r .
25 HEARING OFFICER: P l e a s e s t a t e y o u r na me, r a nk
Pa ge 8
1 a nd empl o yer f o r t he r e c o r d , pl e a s e .
2 SERGEANT FERNANDEZ: Se r g e a nt Ra ymond
3 F er na nd ez , Ta mpa P o l i c e D e pa r t me nt .
4 HEARING OFFICER: And d i d yo u i s s u e a n o t i c e
5 o f s u s pe ns i o n f o r d r i v i n g w i t h a n u nl a w f u l b r e a t h
6 a l c o h o l l e v e l t o Mr . C ha r l e s P h i l i p C a mpb e l l , J r . ?
7 SERGEANT F ERNANDEZ: I d i d n 't i s s u e t h i s , no ,
8 s i r .
9 HEARING OFFICER: C o u ns e l , how i s
1 0 Mr . F er na nd ez r e l e v a n t ?
1 1 MR. F ITZGIBBONS: He i s t he o f f i c e r t h a t made
1 2 t h e s t o p o f t he d r i v e r .
1 3 H EA RING OFFICER: A l l r i g h t . Go a hea d w i t h
1 4 y o u r q u e s t i o ns .
1 5 MR. F ITZG IBBONS: o ka y. And I ' l l , Mr . H o w e l l ,
1 6 go a hea d a nd i nv o k e t he r u l e f o r o f f i c e r M c G i nni s .
1 7 H EA RING OFFICER: O f f i c e r M c G i nni s , w i l l yo u
1 8 pl e a s e s t e p o u t s i d e , pl e a s e . Tha nk yo u , s i r .
1 9 ( O f f i c e r Mc Gi nni s l e f t t he he a r i ng r o o m.)
20 MR. F ITZG IBBONS: And a !so , so I ca n use t h i s
21 c h a i r a nd pu t some s t u f f he r e . Tha nk y o u .
22 EXAMINATION
23 BY MR. F ITZGIBBONS:
24 Q Se r g e a nt F er na nd ez , yo u a r e a ppe a r i ng he r e
25 t o d a y pu r s u a nt t o a subpo ena d uc es tec um, c o r r e c t ?
Pa ge 7
Pa ge 9
1 A Yes.
2 Q And t h e sub po ena r e q u i r e d yo u t o b r i n g w i t h
3 yo u a ny r e c o r d s , d o c uments, r e p o r t s o r s u ppl e me nt s t h a t
4 r e l a t e t o t h i s c a s e. Wo ul d yo u pr o d u c e t ho s e , pl e a s e .
5 A I d o n't ha v e a n y t h i n g , s i r . Ev e r y t hi ng 's
6 e l e c t r o n i c , u nl e s s I g e t my c a r c o mputer o u t a nd b r i n g
7 i t i n a nd s t a r t i t up. The C i t y i s pa pe r l e s s .
8 H EA RING OF F IC ER: i f t h a t 's a r e q u i r e me nt
9 f o r t he sub po ena , t he n pl e a s e g e t i t . we need
10 i t .
11 MR. F ITZG IBBONS: Yea h. Do yo u wa nt t o d o
12 t h a t now? I suppo se we s ho u l d d o i t now.
13 Tha t 's
14 H EA RING OF F ICER: Tha t 's f i n e .
15 MR. F ITZG IBBONS: Then w e 'l l t a k e a r e c e s s ,
16 a nd --
17 H EA RING OF F IC ER: w e 'l l s t a y o n t he r e c o r d ,
18 a nd w e 'l l j u s t w a i t f o r yo u t o come b a c k. Tha nk
19 yo u.
20 (A r e c e s s wa s t a k e n f r o m 3:55 p.m. t o
21 3:59 p.m.)
22 HEARING OF F ICER: O f f i c e r F er na nd ez i s b a c k i n
23 t he h e a r i n g , a nd , C o u ns e l , yo u c a n c o nt i nu e w i t h
24 y o u r q u e s t i o n i n g .
25 MR. F ITZG IBBONS: Oka y.
Pa ge 10
1
2
BY MR. F ITZGIBBONS:
Q Now, Se r g e a nt F er na nd ez , I no t e t h a t yo u ha v e
Pa ge 8
3 y o u r l a p t o p c o mputer i n f r o n t o f y o u .
4 Now, j u s t a q u i c k q u e s t i o n . As I u nd e r s t a nd
5 i t , yo u t e s t i f i e d t h a t y o u r d e pa r t me nt i s pa pe r l e s s ,
6 c o r r e c t ?
7 A Tha t 's c o r r e c t . Ev e r y t hi ng 's pu t i n
8 e l e c t r o n i c a l l y , s t o r e d e l e c t r o n i c a l l y , a ppr o v e d
9 e l e c t r o n i c a l l y , a nd t h a t 's why i t ' s he r e e l e c t r o n i c a l l y .
10 Q Then when yo u send i t t o t h e s t a t e A t t o r n e y 's
11 o f f i c e , d o yo u send i t e l e c t r o n i c a l l y t o them?
12 A I d o n't t h i n k t he y e v e r send i t . I t h i n k wha t
13 ha ppens i s t he a t t o r n e y ha s t he a b i l i t y t o l o g o n t o o u r
14 v e r s a d e c k s ys t em t h e r e , a nd t he y ha v e t he a b i l i t y t o
15 l o o k a t t h e r e p o r t s t h e r e .
16 Q Oka y. We l l , l e t me l o o k o v e r y o u r s ho u l d e r .
17 Yo u d o n't ha v e a p r i n t e r w i t h yo u , o b v i o u s l y .
18 MR. F ITZGIBBONS: So i f I c o u l d ha v e a mo ment,
19 Mr . H o w e l l , a nd --
20 H EA RING OFFICER: Go a hea d .
21 MR. F ITZGIBBONS: t a k e a l o o k .
22 A Thi s w o u l d be t he ma i n r e p o r t , a nd t he n a s yo u
23 c a n see, t h e r e 's a t t a c hme nt s . These summa r i es a nd
24 s u ppl e me nt s a r e a l l a t t a c he d . Once yo u c l i c k o n them,
25 t he n yo u c a n o b v i o u s l y see t ho s e .
Pa ge 11
1 Q so we'r e o n t he r e c o r d he r e . The r e a ppea r t o
2 be f o u r d o c uments t h a t r e l a t e t o t h i s c a se t h a t w o u l d be
3 r e s po ns i v e t o t he subpo ena d uc es tec um; i s t h a t c o r r e c t ?
4 A I d o n't q u i t e kno w wha t y o u 'r e l o o k i n g f o r .
5 Bu t , y e a h, t he r e 's a n a t t a c hme nt , a c a se summa r y, a n
6 i n i t i a l r e p o r t i n i t i a t e d by O f f i c e r M c G i nni s , a nd t he n a
pa ge 9
7 s u ppl ement t h a t 's i n i t i a t e d by my s e l f .
8 Q A l l r i g h t . Wha t I'm l o o k i n g f o r a nd t he
9 subpo ena c a l l s f o r i s t he p r o d u c t i o n o f a n y t h i n g i n y o u r
10 po s s e s s i o n o r t he Ta mpa p o l i c e Depa r t ment 's po s s e s s i o n
1 1 r e l a t i n g t o t h i s c a s e. So t h i s w o u l d be e v e r y t h i n g ?
12 A I ha v e n o t h i n g e l s e . I keep no no t e s . The
13 o n l y t h i n g I w o u l d ha v e i s wha t I a c t u a l l y pu t i n t o my
14 c e l l pho ne, w hi c h i s a l l e l e c t r o n i c d o c u me nt a t i o n.
15 Q A l l r i g h t . Now, t h e y 'r e i n nu me r i c a l o r d e r .
16 Number 1 , wha t i s t h a t d o c ument? How i s t h a t d e s c r i b e d ?
17 A Number 1 sa ys i t ' s a n a t t a c hme nt , o b v i o u s l y ,
18 I w o u l d ha v e t o o pen i t t o see. I'm g o i ng t o ha v e t o
19 a ssume t h a t t h a t 's t he a l c o h o l i n f l u e n c e s he e t ; j u s t by
20 my kno wl ed ge.
21 Q And w o u l d yo u j u s t r ea d t h a t l i n e so we ha v e
22 t he r e c o r d c o mpl e t e d .
23 A I t s a y s , Number 1, a t t a c hme nt b y P a y r o l l
24 42418; M c G i nni s , Ti mo t hy ; o n J a nu a r y 23r d , 2013; a t 2208
25 ho u r s .
Pa ge 12
1 Q A l l r i g h t , w o u l d yo u o pen t h a t , pl e a s e , a nd
2 i f I c o u l d t a k e a l o o k a t i t .
3 H EA RING OF F IC ER: O f f i c e r F er na nd ez , d i d yo u
4 ha v e a ny i n p u t i n t o t h a t p a r t i c u l a r d o cument t h a t
5 y o u 'r e o pe ni ng a t t h i s t i me ?
6 SERGEANT FERNANDEZ: No, s i r .
7 HEARING OF F ICER: So yo u c a n't a nswer a ny
8 q u e s t i o ns t o t h a t d o c ument; i s t h a t c o r r e c t ?
9 SERGEANT FERNANDEZ: No pe. A l l I ca n sa y i s
10 t h a t i t ' s a t t a c he d t o t he r e p o r t .
pa ge 10
FORMAL REVIEW HEARING 2-27-13 (2)
12 Q A l l r i g h t . Le t 's go t o Number 2, i f yo u
13 w o u l d , pl e a s e , a nd wha t i s Number 2?
14 A i t s a y s , Number 2, c a se summa r y by P a y r o l l
15 42418; M c G i nni s , Ti mo t hy ; o n J a nu a r y 23rd, 2013; a t 2208
16 ho u r s .
17 Q And i f yo u'd o pen t h a t , a nd j u s t t e l l us wha t
18 t h a t i s .
19 A i t s ho u l d be a summa r y o f wha t t he a c t u a l c a se
20 wa s.
21 H EA RING OFFICER: O f f i c e r F er na nd ez , d i d yo u
22 pu t a ny i n p u t o n t h a t d o cument
23 SERGEANT F ERNANDEZ: NO, S i r .
24 H EA RING OFFICER: Onl y o f f i c e r M c G i nni s ?
25 SERGEANT FERNANDEZ: Yes, s i r .
Pa ge 13
1 H EA RING OF F IC ER: So yo u c a n't a nswer a ny
2 q u e s t i o n s t o t h a t d o cument e i t h e r ?
3 SERGEANT FERNANDEZ: NO, s i r .
4 HEARING OFFICER: Tha nk y o u .
6 Q A l l r i g h t , i f we go t o Do cument Number 3, a nd
7 d e s c r i b e t h a t , pl e a s e .
8 A I t s a y s , i n i t i a l r e p o r t -- Do cument Number 3,
9 i n i t i a l r e p o r t by 42418; Ti mo t hy M c G i nni s ; J a nu a r y 23r d ,
10 2018 ( s i c ) ; a t 2208 ho u r s .
11 Q And t he n i f yo u w o u l d o pen t h a t , pl e a s e , a nd
12 t e l l us wha t t h a t i s .
13 A i t s ho u l d be t he ma i n bo d y o f h i s r e p o r t ,
14 d o c u me nt i ng t he i n c i d e n t .
pa ge 1 1
15 HEARING OFFICER: O f f i c e r F er na nd ez , yo u d i d
16 no t ma ke a ny i n p u t i n t h a t d o c ument a s w e l l ?
17 SERGEANT FERNANDEZ: NO, S i r .
18 HEARING OF F IC ER: So yo u c a n't a nswer a ny
19 q u e s t i o ns t o t h a t d o c ument e i t h e r ?
20 SERGEANT FERNANDEZ: NO, s i r .
21 HEARING OF F ICER: Tha nk y o u , s i r .
22 Q Now, yo u a r e r e f e r r e d t o i n t h i s d o c ument; i s
23 t h a t c o r r e c t ?
24 A I ca n see t h a t I am r e f e r r e d t o i n i t , b u t i t
25 w a s n't a u t ho r e d by my s e l f .
Pa ge 14
1 Q A l l r i g h t , i f yo u c o u l d s c r o l l d o wn, j u s t
2 pl e a s e , t o ma ke s u r e I I may ha v e seen t h i s .
3 A (w i t ne s s c o mpl i e s . )
4 Q Oka y. Tha nk yo u. Then i f yo u w o u l d go t o
5 Do cument Number 4, pl e a s e .
6 A Tha t o ne s a y s , Number 4, a s u ppl ement by
7 4236 3; F er na nd ez , Ra ymo nd ; J a nu a r y 23rd, 2013; a t 215 7
8 ho u r s .
9 H EA RING OFFICER: And d i d yo u t y pe t h a t
10 d o c ument, o f f i c e r F er na nd ez ?
11 SERGEANT FERNANDEZ: Tha t w o u l d be t he
12 d o cument t h a t I a u t ho r e d , y e s , s i r .
14 Q A l l r i g h t , i f yo u w o u l d d i s p l a y t h a t , pl e a s e .
15 A (Wi t ne s s c o mpl i e s . )
16 HEARING OFFICER: Rea l q u i c k q u e s t i o n ,
17 c o u ns e l , o f f i c e r F er na nd ez , y o u r s u ppl e me nt , i s i t
18 i s s u e d i s i t i n t h i s r e p o r t her e?
pa ge 12
19 SERGEANT FERNANDEZ: I l o o k e d f o r i t i n t he
20 d o c u me nt a t i o n. No, s i r . i t wa sn't p r o v i d e d a t t he
21 t i me .
22 HEARING OF F ICER: Oka y.
23 Q S c r o l l d o wn pl e a s e .
24 A ( w i t n e s s c o mpl i e s . )
25 Q Oka y. I'v e ha d a n o p p o r t u n i t y t o r e v i e w t h i s .
Pa ge 15
1 I ' l l a sk t h a t yo u must ha v e some pr o c e d u r e t o p r i n t
2 t he s e , o f c o u r s e ?
3 A The r e 's a wa y t o p r i n t them, y e s , s i r . But I
4 d o n't no r ma l l y -- we d o n't p r i n t t he s e e v e r , h o n e s t l y .
5 An o f f i c e r p r i n t s t he d o c u me nt a t i o n t o send he r e , a nd
6 no r ma l l y t h i s s ho u l d be i n c l u d e d . I d o n't kno w why --
7 he must ha v e p r i n t e d i t b e f o r e t he s u ppl e me nt g o t
8 a t t a c he d ; t h e r e f o r e -- t h a t 's why I d i d n 't p h y s i c a l l y
9 p r i n t i t o u t , b ec a use i t s ho u l d be he r e a l r e a d y , a nd
10 t h i s i s t he o n l y o p p o r t u n i t y I ha v e t o p r o v i d e i t .
11 Q Yea h. I s ho u l d ha v e ha d t h i s , w o u l d o f f i c e r
12 Mc Gi nni s ha v e t h i s , t o y o u r kno wl ed ge?
13 A He's g o i ng t o ha v e t he same t h i n g t h a t I ha v e,
14 s i r . I mea n, t h e r e 's --
15 Q Oka y.
16 A Yo u c a n't p r i n t f r o m t he l a p t o p . Yo u ha v e t o
17 a c t u a l l y p r i n t f r o m a d e s k t o p i n t he o f f i c e .
18 Q A l l r i g h t , i f I g i v e yo u my e -ma i l a d d r e s s ,
19 ca n yo u e -ma i l i t t o me?
20 A I d o n't t h i n k I'm a l l o w e d t o d o t h a t , a nd I
21 d o n't ev en kno w how t o d o t h a t b ec a use yo u see how --
22 t he f o r m i t ' s i n ? I d o n't know how t o g e t i n t o a
Pa ge 13
23 l i k e a d o c ument t o send i t .
24 Q Se r g e a nt , t h i s i s t he 21st c e nt u r y . Yo u t e l l
25 me wha t t h e e a s i e s t wa y i s f o r me t o g e t a ha r d c o py o f
Pa ge 16
1 t h i s t h a t I'v e sub po ena ed .
2 A i t w o u l d e i t h e r ha v e t o be f r o m t he St a t e
3 A t t o r n e y 's o f f i c e , o r i t w o u l d ha v e t o be g e t a c o py
4 f r o m t h e Ta mpa P o l i c e D e pa r t me nt , wher e t he y ha v e t he
5 a b i l i t y t o p r i n t i t .
6 Q A r e yo u d e c l i n i n g t o pr o d u c e i t ?
7 A I'm no t d e c l i n i n g t o pr o d u c e i t , s i r . I j u s t
8 d o n't ha v e a wa y t o p h y s i c a l l y c a pt u r e i t , a nd t he r e 's
9 no wa y t o I d o n't know how t o t r a n s f e r t h i s -- i t ' s
10 no t l i k e a f o r ma t l i k e a Wo r d d o c ument o r a n Ex c el o r
11 a n y t h i n g . I t ' s no t I d o n't ev en kno w how yo u w o u l d
12 d o t h a t e l e c t r o n i c a l l y .
13 I w o u l d ha v e t o yo u w o u l d ha v e t o
14 p h y s i c a l l y p r i n t i t o u t a nd ha nd i t t o so mebo d y, a nd I
15 c a n't p r i n t i t o u t f r o m he r e . Li k e I s a i d , t he o n l y
16 pl a c e I c a n p r i n t i s f r o m t he s t a t i o n .
17 Q so yo u a r e d e c l i n i n g t o go t o t he s t a t i o n a nd
18 p r i n t i t f o r me?
19 H EA RING OFFICER: He's a nswer ed t h a t q u e s t i o n .
20 He s a i d he's no t d e c l i n i n g . He's s i mpl y s a y i ng he
21 ha s no wa y t o g e t i t t o yo u --
22 MR. F ITZGIBBONS: A t t h i s t i m e .
23 HEARING OFFICER: Yes, s i r .
24 MR. F ITZGIBBONS: I ' l l ha v e t he c o n t i n u i n g
25 r e q u e s t t h a t pu r s u a nt t o t he sub po ena d uc es tec um
Pa ge 14
Pa ge 17
1 t h a t wa s i s s u e d t o s e r g e a nt F er na nd ez , t h a t t h a t be
2 pr o d u c ed t o me a nd made a p a r t o f t h i s r e c o r d .
3 H EA RING OF F ICER: Oka y. So j u s t so we'r e
4 c l e a r , a t t he b e g i nni ng o f t he he a r i ng , yo u
5 r e q u e s t e d h i s s u ppl e me nt . He s a i d i t ' s a l l
6 e l e c t r o n i c . He b r o u g ht h i s e l e c t r o n i c d e v i c e i n
7 f o r yo u t o r e a d i t .
8 NOW, i f yo u wa nt a c o py o f t h a t a nd yo u wa nt
9 t o s u b mi t i t a s p a r t o f t he o f y o u r e v i d e nc e ,
10 t he n I w i l l g i v e yo u t i me t o s u b mi t t h a t . Tha t 's
11 f i n e .
12 I'm v e r y a wa r e o f wha t y o u r sub po ena s a y s , b u t
13 t he i n f o r m a t i o n t h a t y o u 'r e r e q u e s t i n g i s r i g h t now
14 a v a i l a b l e t o yo u t o a sk y o u r q u e s t i o ns . So d o yo u
15 ha v e q u e s t i o ns f o r O f f i c e r F er na nd ez ?
16 MR. F ITZGIBBONS: Yes, I d o .
17 H EA RING OF F IC ER: Pl ea se pr o c e e d .
18 MR. F ITZGIBBONS: My r e c o r d o b j e c t i o n ha s been
19 no t e d .
20 HEARING OF F ICER: Yes, i t ha s.
22 Q Now, Se r g e a nt F er na nd ez , c a l l i n g y o u r
23 a t t e n t i o n t o t he e v e ni ng o f J a nu a r y 23rd, 2013 a nd t he
24 s u b s eq u ent s t o p by yo u o f my c l i e n t , Mr . C a mpb e l l , wha t
25 s t a r t e d t he w ho l e pr o c e s s t h a t n i g h t ?
Pa ge 18
1
2
A As f a r a s -- a t wha t p o i n t w o u l d yo u l i k e t o
s t a r t , s i r ?
pa ge 15
3 Q A t t he b e g i nni ng . D i d yo u r e c e i v e a t e l e pho ne
4 c a l l f r o m so mebo d y?
5 A Yes, I d i d .
6 Q Wha t t i me d i d yo u r e c e i v e t h a t c a l l ?
7 A I kno w i t wa s a f t e r 7:00, s i r . I c o u l d n 't
8 t e l l yo u t he e x a c t t i me w i t h o u t pr o d u c i ng pho ne r e c o r d s .
9 I kno w i t wa s a f t e r 7:00 b ec a use my o f f i c e r s ha d a l r e a d y
10 a r r i v e d a t t he o f f i c e .
11 Q wa s t he c a l l pl a c e d t o a n o f f i c i a l Ta mpa
12 P o l i c e D e pa r t me nt pho ne o r t o y o u r pe r s o na l c e l l pho ne?
13 A P l a c e d t o my pe r s o na l c e l l pho ne.
14 Q Who wa s t he c a l l e r ?
15 A Adam F i l t h a u t .
16 Q And s p e l l t h a t f o r t he c o u r t r e p o r t e r , pl e a s e .
17 A I t h i n k i t ' s s p e l l e d -- i t ' s Ada m, common
18 s p e l l i n g . I t h i n k t he l a s t name i s s p e l l e d ,
19 F -I-L-T-H -A -U-T.
20 Q And who d o es he wo r k f o r ?
21 A He wo r ks f o r t he Di a c o l a w f i r m .
22 Q wer e yo u a wa r e a t t h a t t i me t h a t t h e r e wa s a
23 t r i a l g o i ng o n i n Ta mpa i n v o l v i n g t he D i a c o l a w f i r m ?
24 H EA RING OFFICER: How i s t h a t r e l e v a n t ,
25 C o u ns e l ?
Pa ge 19
1 MR. F ITZGIBBONS: Mr . H o w e l l , u nd er F l o r i d a
2 l a w g i v e me j u s t o ne mo ment, i n t he
3 2nd D i s t r i c t C o u r t o f A ppe a l s c a s e, La wr enc e v e r s u s
4 D e pa r t me nt o f Hi ghwa y Sa f e t y a nd M o t o r V e h i c l e s , a t
5 a n a d m i n i s t r a t i v e he a r i ng , t he d r i v e r i s e n t i t l e d
6 t o c ha l l e ng e t he l a w f u l ne s s o f t he t r a f f i c s t o p
Pa ge 16
7 b e f o r e t he l i c e n s e c o u l d be suspend ed .
8 And I i n t e n d t o pr e s e nt e v i d e nc e t hr o u g h
9 Se r g e a nt F er na nd ez t h a t i t wa s u n l a w f u l .
10 HEARING OF F ICER: Oka y. So y o u r q u e s t i o n i s
11 d i d he r e c e i v e a pho ne c a l l . He s a i d , y e s . Now,
12 who t h a t pe r s o n wo r ks f o r i s i r r e l e v a n t i n t h i s
13 h e a r i n g .
14 So i f he r e c e i v e d a pho ne c a l l a s p e r t a i n i n g
15 t o t he i n d i v i d u a l t h a t he p u l l e d o v e r , yo u c a n
16 l i m i t y o u r q u e s t i o ns t o t h a t .
17 But who t he i n d i v i d u a l wo r ks f o r , how l o ng
18 t he y wo r ked f o r them, wha t -- p e r t a i n i n g t o who
19 t he y wo r k f o r i s i r r e l e v a n t i n t h i s h e a r i n g .
20 MR. F ITZG IBBONS: I ' l l no t e f o r t he r e c o r d
21 t h a t I o b j e c t t o t h a t r u l i n g .
22 H EA RING OF F IC ER: Yo u'r e o b j e c t i n g t o w ha t ,
23 s i r ?
24 MR. F ITZGIBBONS: To y o u r r u l i n g t h a t I may
25 no t i n q u i r e o f t he o f f i c e r t he b a c kg r o u nd a nd t he
Pa ge 20
1 c i r c u ms t a nc e s s u r r o u nd i ng t h i s c a l l .
2 i t i s a v i o l a t i o n o f my c l i e n t ' s d ue pr o c e s s
3 r i g h t s t o p a r t i c i p a t e i n t h i s pr o c e e d i ng , a nd i t
4 d o es no t a l l o w me t o a sk t he q u e s t i o ns t h a t I am
5 p e r m i t t e d t o und er t he F l o r i d a A d m i n i s t r a t i v e Co d e.
6 HEARING OF F ICER: Yo ur q u e s t i o ns a r e b e i ng
7 a l l o w e d a s l o ng a s t he y a r e l i m i t e d t o t he
8 l a w f u l n e s s o f t he s t o p , a s yo u me nt i o ne d , a nd t h e
9 r e a s o n f o r t he s t o p.
10 Now, how t he pe r s o n c a l l e d a nd who t he y w o r k e d
Pa ge 17
11 f o r , i t ha s no b e a r i ng o n my d e c i s i o n i n t h i s
12 h e a r i n g , w ha t s o e v e r .
13 MR. F ITZG IBBONS: i f i t ' s a n i l l e g a l a r r e s t ,
14 i l l e g a l s t o p --
15 H EA RING OF F IC ER: Then yo u c a n g e t t o t h a t
16 p o i n t , b u t a s f a r a s t he h i s t o r y o f who t he y wo r k
17 f o r , how l o ng t he y wo r ked f o r them, wa s i t
18 p e r t a i n i n g t o t h i s p a r t i c u l a r t r i a l i s o u t s i d e o f
19 t he sc o pe o f my r e v i e w .
20 MR. F ITZG IBBONS: We l l , I w i l l p r o f f e r o n t he
21 r e c o r d t h a t i s i nd e e d p a r t o f y o u r r e v i e w , s i r --
22 HEARING OFFICER: Yo u'v e made t he r e c o r d .
23 MR. F ITZG IBBONS: -- b ec a use o f t h e
24 r e l a t i o n s h i p o f t h i s p o l i c e o f f i c e r t o l i t i g a n t s i n
25 a c a se i n v o l v i n g t h i s i mpr o pe r a r r e s t .
Pa ge 21
1 H EA RING OFFICER: Oka y. C o u ns e l , yo u made
2 y o u r p r o f f e r f o r t he r e c o r d . P l e a s e l i m i t y o u r
3 q u e s t i o n i n g t o t h a t .
4 BY MR. F ITZG IBBONS:
5 Q wha t d i d Mr . F i l t h a u t t e l l yo u?
6 A He t o l d me t h a t t h e r e wa s a g e nt l e ma n by t he
7 name o f Mr . C a mpb el l t h a t wa s a t t he M a l i o 's r e s t a u r a n t .
8 He wa s d r i n k i n g . He d r i n k s h e a v i l y , a nd he a l w a y s
9 d r i v e s home a nd t h a t he wa s g o i ng t o d r i v e home a g a i n
10 d r u nk , a nd he ga v e me h i s i n f o r m a t i o n a nd a c a r
11 d e s c r i p t i o n .
12 Q Now, ha d yo u e v e r hea r d Mr . C a mpb e l l 's name
13 b e f o r e ?
14 A I he a r d i t o ne o t he r t i me when he ha d c a l l e d
Pa ge 18
FORMAL REVIEW HEARING 2-27-13 (2)
15 me a ppr o x i ma t e l y -- I wa nt t o sa y i t wa s a b o u t a mo nth,
16 mo nth a nd a h a l f p r i o r t o t h a t when he ha d c a l l e d me
17 w i t h t he sa me i n f o r m a t i o n o n t h e same g e nt l e ma n.
18 Q Mr . F i l t h a u t ha d ?
19 A Tha t 's c o r r e c t .
20 Q wha t d i d he t e l l yo u t he f i r s t t i me ?
21 A Thi s guy d r i v e s home d r u nk a l l t he t i m e ; he
22 w o r k s i n t h i s b u i l d i n g ; he's a n a t t o r n e y , a nd he ha d a
23 p r i o r D i l i .
24 Q D i d he t e l l yo u why he wa s i n t e r e s t e d i n
25 c a l l i n g yo u?
Pa ge 22
1 A No, s i r .
2 Q D i d yo u i n q u i r e ?
3 A No, s i r .
4 Q D i d t he name P h i l C a mpb el l mea ni ng a ny t hi ng t o
5 yo u a t t he t i me ?
6 A A b s o l u t e l y z e r o .
7 Q So f r o m t he mo nth p r i o r t o t he e v e ni ng o f
8 J a nu a r y 23r d , t he name P h i l C a mpb el l mea nt n o t h i n g t o
9 yo u a t a mo nth -- a mo nth p r i o r , when t he c a l l came i n ,
10 a nd a mo nth l a t e r when yo u made t he s t o p?
1 1 A I ha d nev er met Mr . P h i l C a mpb el l . I ha d
12 ne v e r he a r d h i s name o t he r t ha n he a r i ng i t f r o m
13 Mr . F i l t h a u t t he mo nth p r i o r . I ne v e r c hec ked i n t o i t .
14 I r e a l l y h o n e s t l y d i d n 't c a r e who he wa s.
15 Q And wha t i s y o u r r e l a t i o n s h i p w i t h
16 Mr . F i l t h a u t ?
17 A v e r y c l o s e f r i e n d s . He's my so n's g o d f a t he r .
18 H i s w i f e 's b e s t f r i e n d s w i t h my w i f e .
Pa ge 19
19 Q And how l o ng ha s t h a t r e l a t i o n s h i p l a s t e d ?
20 A Le t 's see. My w i f e a nd h i s w i f e ha v e been
21 f r i e n d s f o r 35 y e a r s . I ha v e kno wn hi m s i nc e -- w e l l ,
22 s i nc e he g o t ma r r i e d t o h i s w i f e . I t ' s pr o b a b l y been
23 15 y e a r s .
24 Q D i d yo u a s k hi m how he knew t h i s i n f o r m a t i o n ?
25 A He s a i d he wo r ked i n t he b u i l d i n g w i t h hi m,
Pa ge 23
1 t h a t he a l w a y s d r i n k s , a nd t he n he w a l k s b a c k, a nd he
2 d r i v e s home d r u nk . I mea n, i t r e a l l y wa s n't p e r t i n e n t
3 t o my i n v e s t i g a t i o n .
4 Q So t he f i r s t t i me he c a l l e d yo u a b o u t a
5 mo nth b e f o r e t h i s , d i d yo u a t t e mpt t o l o c a t e
6 Mr . C a mpb el l ?
7 HEARING OF F ICER: How i s t h a t r e l e v a n t ,
8 C o u ns el ?
9 MR. F ITZG IBBONS: Beca use i t ' s a c o n t i n u a l
10 e f f o r t t o pu r s u e my c l i e n t a nd ma ke a n i l l e g a l
11 a r r e s t .
12 HEARING OF F ICER: We a r e i n r e f e r e n c e t o
13 J a nu a r y 23rd, 2013. Pl ea s e l i m i t y o u r q u e s t i o n t o
14 t h a t d a y, s i r .
15 MR. F ITZGIBBONS: And I ' l l a g a i n no t e my
16 o b j e c t i o n --
17 HEARING OF F ICER: Yo u'r e o b j e c t i o n 's no t e d .
18 MR. F ITZGIBBONS: t o my i n a b i l i t y t o
19 e f f e c t i v e l y ex a mi ne t h i s w i t ne s s a nd a l s o t o ha v e
20 d ue pr o c e s s a t t h i s pr o c e e d i ng .
21 H EA RING OFFICER: Yo ur o b j e c t i o n i s no t e d .
22 Yo ur c l i e n t i s r e c e i v i n g d ue pr o c e s s j u s t upo n t he
Pa ge 20
23 b a s i s o f t h i s he a r i ng b e i ng h e l d . So pl e a s e l i m i t
24 y o u r q u e s t i o n i n g t o J a nu a r y 23r d , 2013. Tha nk y o u ,
25 s i r .
Pa ge 24
2 Q Now, wha t r e l i a b i l i t y d i d yo u ha v e i n
4 Ha d he e v e r c a l l e d yo u b e f o r e , b e s i d e s
6 A Yea h. He's c a l l e d me a b o u t o t he r pe o pl e t h a t
7 d r i v e d r u nk , we t a l k a l l t he t i m e , I mea n, so , yea h.
8 Q HOW many t i me s ha s he d o ne t h a t ?
9 A o v e r t he h i s t o r y o f kno wi ng hi m? Thr e e o r
10 f o u r t i m e s , f i v e t i me s .
11 Q Ha v e yo u made a r r e s t s o n t he b a s i s o f h i s
12 i n f o r m a t i o n ?
13 A I d o n't r e c a l l , s i r .
14 Q Do yo u r emember a ny o f t he na mes o f t he s e
15 pe o pl e ?
16 A No, s i r . I w o u l d n't r emember na mes.
17 H EA RING OF F IC ER: How i s t h a t r e l e v a n t ,
18 C o u ns el ?
19 MR. F ITZG IBBONS: A g a i n, b ec a use o f t he f a c t
20 t h a t i t ' s o u r p o s i t i o n t h a t t he s t o p he r e wa s a n
21 i l l e g a l s t o p.
22 H EA RING OF F IC ER: A g a i n, y o u r q u e s t i o n i n g
23 need s t o be p e r t a i n i n g t o J a nu a r y 23r d , 2013 i n
24 r e f e r e nc e t o Mr . C ha r l e s P h i l i p C a mpb e l l , J r . I
25 d o n't kno w t he f o u r o r f i v e o t h e r i n d i v i d u a l s . My
Pa ge 25
Pa ge 21
1 o n l y c o nc e r n i s C ha r l e s P h i l i p C a mpb e l l , J r .
2 P l e a s e l i m i t y o u r q u e s t i o ns t o t h a t , s i r .
4 Q So a f t e r yo u r e c e i v e d t h i s c a l l f r o m y o u r
5 f r i e n d , Mr . F i l t h a u t , wha t d i d yo u d o ?
6 A I wa s s i t t i n g i n t he DUI o f f i c e , a nd I s e nt
7 o ne o f my o f f i c e r s .
8 Q Wher e?
9 A To wher e we b e l i e v e d Mr . C a mpb el l w o u l d be
10 d r i v i n g f r o m i f he wa s t o d r i v e d r u nk .
11 Q And wher e wa s t h a t ?
12 A w e l l , Adam t o l d me t h a t he w o u l d -- he pa r k s
13 i n t he Ba nk o f A me r i c a b u i l d i n g . So I ga v e my
14 O f f i c e r Su s t e k t he i n f o r m a t i o n , t o l d hi m, hey, t h i s i s
15 t he g e nt l e ma n's na me; t h i s i s t he c a r d e s c r i p t i o n ; I ' l l
16 l e t yo u kno w i f he l e a v e s d r u nk , a nd w e 'l l s t o p hi m.
17 Q NOW, t he o f f i c e r t h a t yo u ga v e t he i n f o r m a t i o n
18 t o , wha t i s h i s na me?
19 A O f f i c e r J o seph Su s t e k .
20 Q How d o yo u s p e l l t h a t ?
21 A La s t name s p e l l i n g ?
22 Q Yea h.
23 A S-U-S-T-E-K.
24 Q So wher e d i d he go ?
25 A I'm a ssumi ng t h a t he went i n t he a r e a , i n t he
Pa ge 26
1 v i c i n i t y , a nd f o l l o w e d c a r s , I'm a ssumi ng.
2 Q Now, wha t wa s t he d e s c r i p t i o n o f t he v e h i c l e
3 t h a t ha d been pr o v i d e d t o yo u by Mr . F i l t h a u t ?
Pa ge 22
4 A A b l a c k BMW.
5 Q D i d he pr o v i d e a l i c e n s e number ?
6 A No, s i r .
7 Q Then d i d yo u s t a y i n c o n t a c t w i t h t he o t he r
8 o f f i c e r , o r wha t d i d yo u d o ?
9 A A c t u a l l y , my s e l f a nd O f f i c e r M c G i nni s went t o
10 ha v e d i n n e r . I went a nd a t e , a nd t he n I s e nt o f f i c e r
11 Su s t e k a messa ge a s k i ng hi m i f he wa s s t i l l t h e r e
12 b ec a use I ha d no c l u e .
13 And t he n I went o v e r t h e r e t o b a s i c a l l y meet
14 hi m b ec a use I ha d pa per wo r k t o d o a nd t o c u t hi m f r e e so
15 he c o u l d go e a t .
16 Q so t he n t he s e t u p, t he s t a k e o u t wa s i n t he
17 Ba nk o f A me r i c a p a r k i n g l o t , c o r r e c t ?
18 A We b e l i e v e d t h a t i f he wa s g o i ng t o d r i v e , he
19 wa s g o i ng t o be d r i v i n g o u t o f t he Ba nk o f A me r i c a , y e s ,
20 s i r .
21 Q Do yo u kno w wher e o f f i c e r Su s t e k s t a r t e d h i s
22 s u r v e i l l a n c e o r wher e he wa s l o c a t e d ?
23 A I kno w wher e he wa s when I p u l l e d up.
24 Q And wher e wa s t h a t ?
25 A i t wa s t he Ba nk o f A me r i c a -- t he a c t u a l e x i t
Pa ge 27
1 t o t he p a r k i n g g a r a g e , he wa s j u s t s o u t h o f i t o n
2 A s hl e y . I t h i n k i t mi g ht be Wa s hi ng t o n o r w h i t i n g o r
3 s o me t hi ng .
4 Q Was he i n a ma r ked u n i t ?
5 A An unma r ked c a r , s i r .
6 Q unma r ked ? How l o ng , t o y o u r kno wl ed g e, wa s he
7 w a i t i n g t h e r e ?
Pa ge 23
8 A 45 mi nu t e s t o a n ho u r , s i r . I d o n't -- I went
9 a nd a t e . So , I mea n, f r o m t he t i me I s e nt hi m t o t he
10 t i me I g o t t h e r e , I d o n't kno w t he e x a c t t i m i n g , b u t i t
11 wa s pr o b a b l y a n ho u r .
12 Q Then yo u r e t u r n e d , a nd wha t d i d yo u d o t he n?
13 Wher e d i d yo u go ?
14 A I p u l l e d up b e hi nd hi m, t o l d hi m b a s i c a l l y t o
15 go e a t . And he l e f t , a nd t he n I j u s t s a t t h e r e a nd k i n d
16 o f w a t c he d a nd e d i t e d r e p o r t s a nd w r o t e s t u f f t h a t I ha d
17 t o d o .
18 Q So yo u wer e w a t c hi ng f o r v e h i c l e s t o e x i t f r o m
19 t he Ba nk o f A me r i c a p a r k i n g g a r a g e?
20 A Tha t 's c o r r e c t .
21 Q Thi s p a r t i c u l a r b l a c k BMW?
22 A We l l , t h a t BMW, yea h.
23 Q Oka y. D i d yo u ha v e a d e s c r i p t i o n o f wha t
24 Mr . C a mpb el l l o o k e d l i k e ?
25 A I p u l l e d up h i s p i c t u r e , yea h.
Pa ge 28
1 Q And wher e d i d yo u p u l l i t up f r o m?
2 A DAVID, o u r s t a t e d a t a b a s e .
3 Q Had yo u d o ne t h a t t he f i r s t t i me a l s o ?
4 A wha t d o yo u mean t he f i r s t t i me ?
5 Q A mo nth a go when yo u wer e t r y i n g t o l o c a t e
6 hi m.
7 HEARING OF F ICER: i r r e l e v a n t , C o u ns e l . Yo u
8 d o n't ha v e t o a nswer t h a t q u e s t i o n , O f f i c e r .
9 MR. F ITZGIBBONS: Same o b j e c t i o n .
10 HEARING OF F ICER: Ob j e c t i o n no t e d . New
11 q u e s t i o n , C o u ns e l .
Pa ge 24
13 Q So how l o ng d i d yo u w a i t ?
14 A I d o n't kno w, i t wa s 45 mi nu t e s , a n ho u r
15 l a t e r .
16 Q D i d yo u r e c e i v e a ny pho ne c a l l s , now, i n t h i s
17 t w o -ho u r p e r i o d f r o m a nyb o d y r e l a t i n g t o Mr . C a mpb el l ?
18 A Yes.
19 Q And who d i d yo u r e c e i v e a no t he r c a l l f r o m?
20 A The same pe r s o n, Mr . F i l t h a u t , I ha d
21 i n f o r m a t i o n f r o m.
22 Q So he c a l l e d yo u a sec o nd t i me ?
23 A He c a l l e d me. He wa s s e nd i ng me messa ges j u s t
24 l i k e , y e a h, he's d r i n k i n g ; he's a t t he b a r ; he's b u y i ng
25 b eer -- he's b u y i ng a l c o h o l f o r e v e r y b o d y .
Pa ge 29
1 He s a i d t he l a s t t i m e , he w a l k e d b a c k t o Ba nk
2 o f A me r i c a c a r r y i n g a b o t t l e , a n o pen c o n t a i n e r , a nd
3 d r o v e home l i k e t h a t , so he wa s j u s t g i v i n g me
4 i n f o r m a t i o n , a nd we wer e s i t t i n g i n t he a r e a .
5 Q So a s I u nd e r s t a nd i t , t he t i m e l i n e i s
6 a r o u nd -- Mr . F i l t h a u t c a l l e d yo u wha t t i me f i r s t t h a t
7 n i g h t ?
8 A He c a l l e d me -- i t wa s pr o b a b l y r i g h t a f t e r
9 7:00. Li k e I s a i d , my guys g e t t h e r e a t 7:00. So I
10 kno w t h a t o f f i c e r s u s t e k a nd O f f i c e r M c G i nni s wer e b o t h
11 i n t he o f f i c e . They wer e t he o nl y two i n t he o f f i c e
12 t h a t n i g h t . I t wa s r i g h t a f t e r 7:00, I b e l i e v e , t he
13 e x a c t t i me when he c a l l e d .
14 HEARING OFFICER: 7:00 p.m.?
15 SERGEANT FERNANDEZ: I t Was c l o s e t o 7:00
Pa ge 25
16 p.m., s i r . I --
19 Q So f r o m 7:00 p.m. t o r o u g hl y 8:00 p.m., Mr . --
20 o f f i c e r s u s t e k s a t o n s u r v e i l l a n c e o u t s i d e t he Ba nk o f
21 A me r i c a g a r a g e?
22 A I c o u l d n 't t e l l yo u e x a c t l y how l o n g . Li k e I
23 s a i d , I went a nd ha d d i nne r w i t h o f f i c e r M c G i nni s . When
24 we wer e d o ne w i t h d i n n e r , I went b a c k o v e r t h e r e .
25 I d o n't ev en kno w i f o f f i c e r s u s t e k wa s s t i l l
Pa ge 30
1 t h e r e , t o be r e a l ho ne s t w i t h yo u. I d o n't kno w i f he
2 ha d s t o ppe d t he c a r . I d i d n 't kno w a n y t h i n g .
3 I j u s t kno w I s a i d -- I'm s a y i ng , a r e yo u
4 s t i l l -- yo u kno w, wher e a r e yo u a t ; a r e yo u s t i l l
5 t h e r e , b a s i c a l l y . And he s a i d , yea h, I'm o v e r he r e .
6 Q So t he n yo u g o t t h e r e a b o u t wha t t i m e , a nd how
7 l o ng wer e yo u t he r e ?
8 A Li k e I s a i d , I wa s pr o b a b l y t h e r e a b o u t a n
9 ho u r b e f o r e s t o ppi ng hi m. So , I mea n, I s t o ppe d hi m a t
10 w ha t , 9:57. So 8:57. I d o n't kno w. Ma ybe a l i t t l e
11 o v e r a n ho u r . Ma ybe J o e wa s t h e r e a l i t t l e o v e r a n
12 ho u r .
13 Q So f r o m 7:00 t o 8:00 p.m., d i d yo u r e c e i v e a ny
14 c a l l s f r o m Mr . F i l t h a u t o r a ny c o mmu ni c a t i o n b etween t he
15 two o f yo u , t e x t s o r o t he r w i s e ?
16 A I d o n't r e c a l l . I mea n, I'm s u r e he d i d . But
17 r e a l l y , a t t h a t p o i n t , I wa s e a t i n g d i n n e r , a nd I
18 d o n't -- I wa s n't i n my c a r . So I d i d n 't r e a l l y ha v e
19 a ny c o n v e r s a t i o n .
Pa ge 26
20 I d o n't r e a l l y r emember a n y t h i n g ha ppe ni ng
21 b etween t h a t t i me p e r i o d o t he r t ha n I kno w I ha d g i v e n
22 o f f i c e r s u s t e k t h a t i n f o r m a t i o n , a nd he wa s i n t he a r e a .
23 Q So yo u ha d no c o mmu ni c a t i o n, t h e n , o nc e yo u
24 went t o d i nne r w i t h Su s t e k .
25 Then yo u came b a c k, a nd yo u r e l i e v e d hi m; i s
Pa ge 31
1 t h a t c o r r e c t ?
2 A I went t o d i nne r w i t h o f f i c e r M c G i nni s .
3 Q Yes. Tha t 's wha t I mea n. So, i n o t h e r wo r d s ,
4 O f f i c e r s u s t e k wa s und er s u r v e i l l a n c e ; yo u went t o
5 d i nne r w i t h O f f i c e r M c G i nni s , a nd yo u ha d no
6 c o mmu ni c a t i o n w i t h O f f i c e r Su s t ek u n t i l yo u a r r i v e d a t
7 t he sc ene?
8 A No t t h a t I r emember , s i r . I mea n, I d o n't
9 r emember c a l l i n g hi m. I t r e a l l y wa sn't h o n e s t l y , i t
10 wa s n't s o me t hi ng p e r t i n e n t f o r me t o d o c ument a t t h a t
11 t i m e , a nd I d o n't r emember c a l l i n g hi m. I r e a l l y d o n't
12 r emember a n y t h i n g a t t h a t -- between t h a t t i m e p e r i o d .
13 I j u s t r emember I went t o d i nne r .
14 Q A l l r i g h t . So t he n yo u r e t u r n e d yo u go t o
15 t he Ba nk o f A me r i c a p a r k i n g g a r a g e. Yo u t a k e o v e r t he
16 s u r v e i l l a n c e .
17 And d u r i n g t h a t p e r i o d o f t i m e , w h i l e y o u 'r e
18 c o nd u c t i ng t he s u r v e i l l a n c e , wha t wa s y o u r c o mmu ni c a t i o n
19 w i t h Mr . F i l t h a u t ?
20 A I ha d a pho ne c o nv e r s a t i o n w i t h hi m.
21 Q And how ma ny?
22 A I d o n't r e c a l l . I mea n, we j o k e d a r o u nd b a c k
23 a nd f o r t h a b o u t d i f f e r e n t s t u f f . I mea n, we'r e f r i e n d s .
Pa ge 27
24 So he ha d , yo u kno w, s e nt me messa ges l i k e I t h i n k he's
25 l e a v i n g , a nd , o h, he's b u y i ng a no t he r r o u nd o f b eer
Pa ge 32
1 f o r a l c o h o l , w ha t e v e r he s a i d , f o r e v e r y b o d y , a nd i t
2 wa s j u s t . . .
3 Q So d i d yo u ha v e o ne c o n v e r s a t i o n , two pho ne
4 c o n v e r s a t i o n s , o r how many w i t h Mr . F i l t h a u t ?
5 A I t a l k e d t o hi m, I d o n't kno w, s e v e r a l t i me s .
6 I mea n, we wer e t e x t i n g b a c k a nd f o r t h . A l o t o f i t --
7 some o f i t wa s j o k i n g a r o u nd a b o u t o u r w i v e s a nd t he
8 c a r s t he y ha d . some o f i t wa s j u s t f r i e n d l y b a nt e r , we
9 wer e j u s t pa s s i ng t he t i me , t o be ho ne s t w i t h y o u .
10 Q A l l w i t h t he g o a l t o w a r d w a i t i n g f o r
12 A Yea h. I wa s j u s t pa s s i ng t i m e . I ha v e a t o n
13 o f s t u f f I ha v e t o d o . I t ' s e a r l y i n t he n i g h t . I'm
14 d o i ng r e p o r t s a nd t y p i n g , a nd i t ' s k i n d o f f r i e n d l y
15 b a nt e r w i t h a f r i e n d , yea h.
16 Q But y o u r ma i n g o a l f o r s i t t i n g t h e r e f o r a n
17 ho u r wa s t o w a i t f o r Mr . C a mpb el l t o a r r i v e t o d r i v e h i s
18 c a r ?
19 A My ma i n g o a l wa s i f a d r u nk d r i v e r d r o v e o f f ,
20 wa s t o s t o p hi m, yea h.
21 Q And t h a t d r u nk d r i v e r , i n y o u r mi nd , a c c o r d i ng
22 t o Mr . F i l t h a u t , wa s Mr . C a mpb el l ?
23 A w e l l , Mr . C a mpb el l wa s t he pe r s o n t h a t he
24 b e l i e v e d wa s g o i ng t o d r i v e d r u nk , y e s .
25 Q Wer e yo u w a i t i n g t h e r e f o r a ny o t h e r r ea so n
Pa ge 33
Pa ge 28
1 t ha n f o r Mr . C a mpb el l ?
2 A i f I sa w s o me t hi ng e l s e , i f I saw so mebo d y
3 c r a s h o r s o me t hi ng , I'd ha v e t o t a k e p o l i c e a c t i o n , i f
4 I g o t a c a l l f r o m o ne o f my guys, I ha d t o l e a v e , i t
5 wa sn't l i k e I'd be a b l e t o t e l l them, s o r r y , I'm o n a
6 s t a k e o u t ; I c a n't l e a v e . I mea n, I w o u l d ha v e t o go .
7 So I ha d t o s t i l l d o my t h i n g s . I t wa s j u s t
8 k i n d o f o ne o f t ho s e t h i n g s t h a t f i l l s t he t i m e .
9 The r e 's a p o s s i b l e d r u nk d r i v e r , we ha d i n t e l t o
10 b e l i e v e he mi g ht d r i v e home f r o m t h i s l o c a t i o n , a nd
11 we'r e s i t t i n g t h e r e .
12 Q Was y o u r ma i n g o a l w a i t i n g f o r Mr . C a mpb el l t o
13 g e t i n t o h i s c a r t o l e a v e so yo u c o u l d s t o p hi m?
14 H EA RING OF F ICER: I t h i n k he a nswer ed t h a t
15 q u e s t i o n , C o u ns e l .
16 MR. F ITZGIBBONS: I d o n't t h i n k he d i d . He
17 ha d a l o t --
19 Q I s t h a t a yes o r a no , t he n? wer e yo u --
20 w a i t i n g f o r Mr . C a mpb el l wa s y o u r pr i ma r y r e a s o n f o r
21 b e i ng t h e r e ?
22 A My pr i ma r y r ea s o n f o r s i t t i n g a t t h a t l o c a t i o n
23 wa s b ec a use I ha d i n t e l t h a t Mr . C a mpb el l wa s g o i ng t o
24 d r i v e d r u nk .
25 HEARING OF F ICER: Does t h a t a nswer y o u r
Pa ge 34
1 q u e s t i o n , C o u ns el ?
2 MR. F ITZGIBBONS: Yes.
Pa ge 29
4 Q And t he n yo u a r e n 't a b l e t o t e l l us how ma ny
5 c a l l s b a c k a nd f o r t h t o Mr . F i l t h a u t yo u ha d , c o r r e c t ?
6 A Li k e I s a i d , I t a l k e d t o Mr . F i l t h a u t . I
7 t e x t e d w i t h Mr . F i l t h a u t . Li k e I s a i d , t h e r e wa s some
8 b a nt e r . The r e wa s u pd a t e s ; o h, I t h i n k he's g o i ng t o be
9 l e a v i n g ; no , he's d e c i d e d t o buy a no t he r r o u nd o f d r i n k s
10 f o r e v e r y b o d y . I mea n, j u s t b a c k a nd f o r t h .
11 Q So Mr . F i l t h a u t ha d so meo ne i n s i d e o f M a l i o 's
12 p r o v i d i n g hi m i n f o r m a t i o n , a nd t he n he wa s p r o v i d i n g
13 t h a t i n f o r m a t i o n t o yo u; i s t h a t c o r r e c t ?
14 A I w i s h I c o u l d t e l l yo u wher e Mr . F i l t h a u t
15 wa s, s i r . I d o n't kno w, t o t h i s d a y, a nd I w i s h I ha d
16 t he o p p o r t u n i t y t o a sk hi m t h a t q u e s t i o n .
17 The f a c t o f t he ma t t e r i s he wa s g i v i n g me
18 i n t e l . I c o u l d n't t e l l yo u i f he wa s s t a nd i ng t h e r e
19 w i t h Mr . C a mpb e l l , i f he wa s b u y i ng d r i n k s f o r
20 Mr . C a mpb e l l , i f Mr . C a mpb el l wa s b u y i ng hi m d r i n k s . I
21 ha v e no c l u e wher e Mr . F i l t h a u t wa s. I w i s h, l i k e I
22 s a i d , I knew t h a t a nswer .
23 Q So yo u d i d no t a sk hi m?
24 A No, s i r .
25 Q YOU d i d n 't a sk hi m, wher e i s t h i s i n f o r m a t i o n
Pa ge 35
1 c o mi ng f r o m?
2 A I ha v e ne v e r , t o t h i s d a y, a t t h a t t i me o r
3 r i g h t no w, kno wn t h a t a nswer .
4 Q So a t some p o i n t , yo u mo v ed f r o m t he Ba nk o f
5 A me r i c a p a r k i n g g a r a g e e x i t t o a no t he r l o c a t i o n ?
6 A Tha t i s c o r r e c t . I d i d my s e l f , y e s , s i r .
7 Q Wher e d i d yo u mov e t o ?
Pa ge 30
8 A Beca use when he t o l d me t h a t he may be
9 l e a v i n g , I d i d n 't kno w i f he mov ed t o M a l i o 's o r i f he
10 wa s s t i l l a t t he Ba nk o f A me r i c a , so I d e c i d e d t o go
1 1 mov e down t o M a l i o 's b ec a use he ha d t o l d me, y e a h, he's
12 l e a v i n g . And no b o d y wa s l e a v i n g .
13 Ev e r y t h i n g yo u kno w, I f o l l o w e d a c o u pl e
14 c a r s t h a t came o u t , d i f f e r e n t d e s c r i p t i o n s . I f o l l o w e d
15 c a r s t h a t d i d n 't ev en l o o k l i k e t he c a r d e s c r i p t i o n ,
16 d i d n 't end up s t o p p i n g a nyb o d y b ec a use t h e r e wa s no
17 r ea so n t o s t o p a nyb o d y.
18 So I d i d n 't kno w i f he ha d d r i v e n o f f i n
19 a no t he r c a r a nd I d i d n 't s t o p hi m. I d i d n 't kno w i f h i s
20 c a r ha d d r i v e n o f f a nd I mi s s ed i t . I d i d n 't kno w i f he
21 w a l k e d t o t he Ba nk o f A me r i c a .
22 A t t h a t p o i n t , I'm j u s t b a s i c a l l y s a t u r a t i n g
23 t he a r e a w i t h o f f i c e r M c G i nni s , w o nd e r i ng i f we'r e g o i ng
24 t o end up g e t t i n g hi m o r no t .
25 Q Now, when yo u s t o ppe d o r f o l l o w e d o t h e r c a r s ,
T
Pa ge 36
1 wer e t ho s e c a r s l e a v i n g t he Ba nk o f A me r i c a g a r a g e o r
2 l e a v i n g M a l i o 's ?
3 A Le a v i ng M a l i o 's .
4 Q So yo u ha d now mov ed t o a l o c a t i o n o u t s i d e o f
5 M a l i o 's , c o r r e c t ?
6 A Tha t 's c o r r e c t . I wa s a c t u a l l y s i t t i n g o n
7 A s hl e y D r i v e . I wa s w a t c hi ng M a l i o 's . O f f i c e r Mc Gi nni s
8 wa s s i t t i n g a t t he Ba nk o f A mer i c a e x i t .
9 Q Wa t c hi ng Ba nk o f A mer i c a 's g a r a g e?
10 A Tha t i s c o r r e c t , s i r .
11 Q so he ha d come a l o ng a t some p o i n t t o r e l i e v e
Pa ge 31
12 y o u , a nd yo u went o v e r t o M a l i o 's ?
13 A No. A c t u a l l y , he p u l l e d up b e hi nd me when I
14 wa s s i t t i n g t h e r e , a nd I d i d n 't ev en kno w he wa s t h e r e .
15 And I a c t u a l l y s e nt hi m a t e x t t h i n g .
16 On t he messa ge, I w e nt , o h, y o u 'r e -- yo u
17 snuc k up o n me, o r s o me t hi ng l i k e t h a t . And he s a i d , I
18 am s t e a l t h y , b ec a use I ha d no c l u e .
19 I d i d n 't t e l l hi m t o come w i t h me. I d i d n 't
20 kno w he wa s t h e r e , o b v i o u s l y , I knew, o b v i o u s l y , o nc e
21 he wa s b e hi nd me, t h a t he wa s t h e r e . But I ne v e r
22 d i r e c t e d hi m t o come w i t h me o r a n y t h i n g . He j u s t came
23 a l o ng o n h i s o wn.
24 Q wha t d i d O f f i c e r Mc Gi nni s kno w a b o u t t he
25 i n f o r m a t i o n yo u wer e g e t t i n g i n r e a l -t i m e f r o m
Pa ge 37
2 A He knew z e r o o t he r t ha n he d i d n 't know who
3 I wa s g e t t i n g t he i n f o r m a t i o n f r o m. He d i d n 't know i n
4 wha t ma nner I wa s g e t t i n g i n f o r m a t i o n . He b a s i c a l l y wa s
5 g e t t i n g i n f o r m a t i o n f r o m me, b u t I c o u l d n 't t e l l yo u
6 t h a t he knew wher e I wa s g e t t i n g i t f r o m.
7 Q so yo u nev er t o l d hi m?
8 A No.
9 Q o k a y . And i n a ny r e p o r t t h a t yo u ha v e
10 w r i t t e n , ha v e yo u s e t f o r t h t he name o f Mr . F i l t h a u t i n
11 a ny o f y o u r r e p o r t s ?
12 A NO, s i r .
13 Q And why ha v e n't yo u?
14 A Beca use t h a t 's no t , i n my f e e l i n g , p e r t i n e n t
15 t o t h i s i n v e s t i g a t i o n .
Pa ge 32
16 Q so t he i n f o r m a t i o n t h a t yo u wer e r e c e i v i n g
17 a b o u t t he d r i v e r d r i n k i n g , wher e he wa s d r i n k i n g , wha t
18 he wa s d o i ng , no ne o f t h a t , i n y o u r o p i n i o n , wa s
19 i m p o r t a n t o r r e l e v a n t f o r y o u r s u ppl ement ?
20 A No, b ec a use a t t he t i me t h a t I w r o t e my
21 s u ppl e me nt t he f o l l o w i n g d a y, t h i s ha d a l r e a d y b l o wn up
22 t o t he p o i n t wher e I wa s n't a l l o w e d t o t a l k t o
23 Mr . F i l t h a u t .
24 So i f I ev en wa nt ed t o a sk hi m wher e he wa s
25 a s c e r t a i n i n g t h i s i n f o r m a t i o n , I w o u l d n't be a l l o w e d t o
Pa ge 38
1 by my d e pa r t me nt o r a nyb o d y e l s e .
2 Q who ga v e yo u t h a t o r d e r ?
3 HEARING OF F ICER: I r r e l e v a n t , C o u ns e l .
4 MR. F ITZGIBBONS: Same o b j e c t i o n .
5 H EA RING OF F ICER: o b j e c t i o n no t e d . Ov e r r u l e d .
7 Q Ha v e yo u c o ns u l t e d w i t h c o u ns e l ?
8 A Yes, I ha v e.
9 Q Oka y, who 's y o u r c o u ns e l ?
10 HEARING OF F ICER: i r r e l e v a n t , C o u ns e l .
11 Q so now yo u a r e i n f r o n t o f M a l i o 's
12 s u r v e y i ng -- o n t he s u r v e i l l a n c e o f M a l i o 's , c o r r e c t ?
13 A I c o u l d n't s i t r i g h t i n f r o n t o f M a l i o 's . I
14 mea n, I ha d d r i v e n up a nd down A s hl e y . And l i k e I s a i d ,
15 I f o l l o w e d a c o u pl e o f c a r s .
16 We went a l l t he wa y down t o Kenned y. A l l t he
17 wa y i n f r o n t o f U n i v e r s i t y o f Ta mpa I f o l l o w e d o ne c a r .
18 I d i d n 't ha v e a ny d r i v i n g i n f r a c t i o n s , a nd I d i d n 't ha v e
19 a ny t hi ng I c o u l d n 't t e l l yo u who wa s i n t he c a r . I
Pa ge 33
20 d i d n 't ha v e a ny r ea s o n t o s t o p t h a t c a r . So I j u s t came
21 b a c k.
22 Q So a s I u nd e r s t a nd i t , i n y o u r b r a i n , f r o m t he
23 i n f o r m a t i o n pr o v i d e d t o yo u by y o u r i n f o r m a n t ,
24 Mr . F i l t h a u t , Mr . C a mpb el l w o u l d be d r i v i n g a BMW,
25 c o r r e c t ?
pa ge 39
1 A A t t he t i me t h a t he o r i g i n a l l y ga v e me t he
2 i n f o r m a t i o n , y e s . Mr . F i l t h a u t t he n ga v e me a d d i t i o n a l
3 i n f o r m a t i o n t h a t he may be d r i v i n g a g r a y -c o l o r e d , o r --
4 g r a y -c o l o r e d o r s i l v e r , w ha t e v e r i t wa s, Ni s s a n.
5 Q NOW, t h a t 's a s u b s t a n t i a l c ha nge i n t he
6 o r i g i n a l i n f o r m a t i o n ; i s t h a t c o r r e c t ?
7 A A t t h i s t i me , o r a t t h a t t i me ?
8 Q A t a ny t i me . I mea n, now -- t he v e h i c l e yo u
9 ha v e been l o o k i n g f o r , t he r e 's now a sec o nd d e s c r i p t i o n ,
10 c o r r e c t ?
11 A Yea h.
12 Q And d i d Mr . F i l t h a u t t e l l yo u why t he
13 d e s c r i p t i o n ha d c ha nged o f t he v e h i c l e ?
14 A He ha d s a i d t h a t he wa s w i t h some g i r l s . I
15 d i d n 't kno w i f i t wa s h i s w i f e , t h a t he ma ybe wa s
16 d r i v i n g h i s w i f e 's c a r , b ec a use Mr . F i l t h a u t ha d t o l d me
17 he wa s a t t he b a r w i t h some g i r l s , a nd he wa s b u y i ng
18 e v e r y b o d y d r i n k s .
19 So a t t h a t p o i n t when he ga v e me a
20 g r a y -c o l o r e d Ni s s a n, I'm t h i n k i n g , a l l r i g h t , d o es h i s
21 w i f e d r i v e a Ni s s a n; ma ybe he's d r i v i n g h i s w i f e 's c a r
22 t o d a y . I ha d no c l u e who a ny o f t he s e pe o pl e wer e a t
23 t h a t p o i n t .
Pa ge 34
24 Q So now f r o m t he t i me yo u r e c e i v e d
25 Mr . F i l t h a u t 's o r i g i n a l c a l l t o --
Pa ge 40
1 HEARING OFFICER: C o u ns e l , I'm s o r r y . Yo u
2 ha v e 20 mi nu t e s , s i r .
3 MR. F ITZGIBBONS: 20 mi nu t e s l e f t ?
4 HEARING OF F ICER: Yes, s i r .
5 MR. F ITZGIBBONS: We s t a r t e d a t 3:50. we t o o k
6 10 mi nu t e s f o r --
7 HEARING OF F ICER: A c c o r d i ng t o t he r e c o r d e r ,
8 yo u ha v e 20 mi nu t e s a nd 15 sec o nd s.
9 MR. F ITZGIBBONS: But y o u 'r e i n c l u d i n g t he
10 t i me t h a t t he o f f i c e r wa s o u t a t h i s c a r .
11 HEARING OFFICER: Tha t wa s, a t mo st, 5
12 mi nu t e s . So d o yo u wa nt me t o push i t up t o 25
13 mi nu t e s ?
14 MR. F ITZGIBBONS: 25 mi nu t e s when?
15 HEARING OFFICER: 25 mi nu t e s l e f t .
16 MR. F ITZG IBBONS: o ka y. U n t i l 5 t o 5:00, o n
17 my w a t c h.
18 HEARING OF F IC ER: Tha t 's f i n e , s i r .
20 Q so t he n yo u g e t t h i s new d e s c r i p t i o n , a nd yo u
21 d o n't kno w how ma ny c a r s yo u s t o ppe d -- o r f o l l o w e d ,
22 r a t h e r -- f o l l o w e d o u t o f M a l i o 's ?
23 A I mea n, I f o l l o w e d c a r s e v e r y d i f f e r e n t
24 d i r e c t i o n . Li k e I s a i d , I f o l l o w e d some a l l t he wa y
25 d o wn Kenned y. I f o l l o w e d some n o r t h o n A s hl e y .
Pa ge 41
Pa ge 35
1 They wer e a l l d i f f e r e n t d e s c r i p t i o n s .
2 H o ne s t l y , mo st -- some o f them d i d n 't ev en nea r f i t t h a t
3 d e s c r i p t i o n , b u t I d i d n 't r e a l l y ha v e a t r a f f i c
4 i n f r a c t i o n o r a ny r ea s o n t o s t o p them. So t he y wer e l e t
5 go .
6 Q But y o u 'r e s t i l l -- y o u r pr i ma r y g o a l wa s t o
7 l o c a t e Mr . C a mpb el l i n w ha t e v e r v e h i c l e he wa s d r i v i n g ?
8 A I f he wa s g o i ng t o d r i v e a wa y i n a v e h i c l e ,
9 yea h, I wa s g o i ng t o f o l l o w t he v e h i c l e o r a t t e mpt t o
10 f o l l o w t he v e h i c l e t o see i f t h e r e wa s g o i ng t o be a
11 t r a f f i c i n f r a c t i o n , y e s , s i r , o r a r e a s o n t o s t o p hi m.
12 Q And yo u f o l l o w e d t he o t he r v e h i c l e s , w o nd e r i ng
13 i f Mr . C a mpb el l wa s d r i v i n g o ne o f t ho s e v e h i c l e s ?
14 A I c o u l d n 't t e l l yo u i f I f o l l o w e d them
15 b ec a use I wa s n't f o l l o w i n g them s p e c i f i c a l l y b ec a use
16 Mr . C a mpb el l wa s g o i ng t o be i n them.
17 I f o l l o w e d them b ec a use t he y wer e p u l l i n g o u t ,
18 a nd i f t he y wer e a n i mpa i r e d d r i v e r o r made a t r a f f i c
19 i n f r a c t i o n , I wa s g o i ng t o s t o p them, i t d i d n 't r e a l l y
20 ma t t e r who wa s d r i v i n g i t .
21 Q so yo u ha d o t he r pu r po s es o t h e r t ha n w a i t i n g
22 f o r Mr . C a mpb el l t o come o u t ?
23 A Oh, I c a n t e l l yo u t h a t i f I s t o ppe d a no t he r
24 c a r a nd t he y wer e DUI, O f f i c e r Mc Gi nni s o r o ne o f my
25 o t h e r pe o pl e wa s g o i ng t o come o u t a nd d o t he DUI, a nd I
Pa ge 42
1 c o u l d c a r e l e s s i f we c a u g ht Mr . C a mpb el l o r no t a t t h a t
2 p o i n t . I mea n, t he i d e a i s t o g e t d r u nk d r i v e r s o f f t he
3 r o a d .
4 Q Now, when yo u pl a nne d y o u r o p e r a t i o n t h a t
Pa ge 36
5 n i g h t , who wer e t he o f f i c e r s i n v o l v e d i n t he o p e r a t i o n
6 t o seek o u t Mr . C a mpb el l ?
7 A I c a n't sa y t h a t I'd c a l l i t a n o p e r a t i o n ,
8 s i r . I'd c a l l i t a s a t u r a t i o n f o r o u r b u s i ne s s
9 pu r po s e s . But I t h i n k t he f i r s t o f f i c e r , l i k e I s a i d ,
10 t h a t went o u t wa s O f f i c e r s u s t e k . The r ea so n I r e l i e v e d
11 hi m wa s b ec a use I ha d a l r e a d y e a t e n. Tha t , t he m a j o r i t y
12 o f t h e t i m e , i s when a l l my o f f i c e r s e a t .
13 so I ha d a l r e a d y e a t e n. I went o v e r so he
14 c o u l d l e a v e a nd go e a t . I d i d n 't ev en kno w, when I
15 g o t -- i f he wa s s t i l l g o i ng t o be t h e r e , i f he ha d l e f t
16 t o e a t , i f he ha d s t o ppe d a c a r , i f he ha d s t o ppe d -- I
17 ha d no c l u e a t t h a t p o i n t wha t ha d o c c u r r e d u n t i l I made
18 c o n t a c t b a c k w i t h hi m, a nd I r e a l l y d i d n 't c a r e .
19 Q Now, when yo u pl a nne d t he s a t u r a t i o n , d i d yo u
20 ha v e s p e c i f i c pl a ns t h a t yo u a nd t he o f f i c e r s d i s c u s s e d
21 a b o u t wher e pe o pl e w o u l d w a i t , wha t C a mpb el l 's c a r w o u l d
22 l o o k l i k e , wha t yo u wer e g o i ng t o d o when yo u s t o ppe d
23 hi m, t ho s e t y pe s o f t h i n g s ?
24 A No, s i r , no t hi ng a t a l l . when I when I
25 ga v e t h e i n f o r m a t i o n , i t wa s, t h i s i s h i s na me, a nd t h i s
T
Pa ge 43
1 i s t h e g e ne r a l c a r d e s c r i p t i o n . And o f f i c e r s u s t e k
2 l e f t . He went t o d i nne r .
3 Now, o n t he wa y b a c k, I r a n Mr . C a mpb el l t o
4 g e t a p i c t u r e o f hi m i n c a se he wa s w a l k i n g b a c k b ec a use
5 my -- t h e i n t e l ha d t o l d me he d r o v e -- w a l k e d b a c k w i t h
6 a l c o h o l l a s t t i me , so i f I sa w hi m w a l k i n g w i t h
7 a l c o h o l i c b e v e r a g e s , t he n I w o u l d s t o p hi m, a nd we w o u l d
8 d e a l w i t h i t w i t h a c i t y f i n e .
Pa ge 37
9 So -- b u t I d i d n 't know wha t he l o o k e d l i k e
10 u n t i l I a c t u a l l y r a n hi m i n DAVID.
11 Q A l l r i g h t , NOW, y o u 'r e s t a k e d o u t by M a l i o 's ,
12 a nd how d o yo u come i n c o n t a c t w i t h t he v e h i c l e t h a t
13 Mr . C a mpb el l wa s i n ?
14 A w e l l , a v e h i c l e p u l l e d o u t o f t he M a l i o 's . A t
15 t h a t p o i n t -- I ha d d r i v e n by t he f r o n t o f M a l i o 's a nd
16 sa w pe o pl e s t a n d i n g o u t b y t he v a l e t .
17 I s e nt a messa ge t o o f f i c e r Mc Gi nni s b ec a use
18 h o n e s t l y , I c o u l d n 't see. I t ' s k i nd o f d a r k , i t ' s s e t
19 b a c k o f f t he r o a d . I c o u l d n 't see, a nd my eyes a r e n 't
20 g r e a t a t n i g h t b ec a use I ha v e a s t i g ma t i s m, so I s a i d ,
21 o f f i c e r M c G i nni s , ca n yo u d r i v e by a nd see i f yo u see
22 so mebo d y o u t t h e r e .
23 He d r o v e by a nd s e nt me a messa ge a nd s a i d ,
24 i t ' s a f e ma l e d r i v e r . Tha t wa s t he l a s t messa ge I g o t
25 f r o m O f f i c e r Mc Gi nni s p r i o r t o t h i s c a r p u l l i n g o u t t h a t
Pa ge 44
1 we end ed up s t o ppi ng t h a t ha d Mr . C a mpb el l .
2 Q Now, t he f e ma l e t h a t he a d v i s e d yo u wa s
3 o u t s i d e M a l i o 's , wa s she w i t h a nyb o d y?
4 A I w i s h I c o u l d t e l l yo u, s i r . Tha t 's g o i ng t o
5 be a q u e s t i o n y o u 'r e g o i ng t o ha v e t o a sk hi m.
6 Q A l l r i g h t .
7 A Li k e I s a i d , t h e r e wa s a g r o u p o f pe o pl e o u t
8 by t he v a l e t s t a nd . Li k e I s a i d , I c o u l d see pe o pl e ,
9 p h y s i c a l -- yo u c o u l d see s i l h o u e t t e s up t h e r e , b u t I
10 c o u l d n 't see who wa s p h y s i c a l l y t h e r e .
11 Q D i d he t e l l yo u w he t he r o r no t Mr . C a mpb el l
12 wa s o u t s i d e ?
pa ge 38
13 A A b s o l u t e l y no t . He a c t u a l l y t o l d me a f e ma l e
14 d r i v e r . Tha t 's a l l I knew. Ther e wa s no pho ne
15 c o n v e r s a t i o n . The r e wa s no n o t h i n g .
16 The r e wa s a l a p t o p messa ge t h a t s a i d , f e ma l e
17 d r i v e r o r f e ma l e d r i v i n g , o r w ha t e v e r i t wa s. But i t
18 wa sn't Mr . -- I see Mr . C a mpb el l ; he's g e t t i n g i n t he
19 c a r . The r e wa s no ne o f t h a t .
20 Q Now, t h i s i s t he v e h i c l e t h a t yo u e v e n t u a l l y
21 s t o ppe d , t he n?
22 A Yea h, when i t p u l l e d o u t , I I f o l l o w e d
23 t h a t v e h i c l e , l i k e I ha d s e v e r a l o t h e r s . I t made a
24 t r a f f i c i n f r a c t i o n , a nd I made a t r a f f i c s t o p.
25 Q D i d yo u know Mr . C a mpb el l wa s d r i v i n g t h a t
?
Pa ge 45
1 v e h i c l e ?
2 A I ha d no c l u e . In f a c t , I wa s k i n d o f sho c ked
3 when he j umped o u t b ec a use I wa s e x p e c t i n g a f e ma l e
4 d r i v e r , a s o f f i c e r Mc Gi nni s ha d l a i d o u t .
5 Q So t he c a r p u l l s o u t , a nd w hi c h d i r e c t i o n d o es
6 i t go ?
7 A I t t u r n e d l e f t o u t o f M a l i o 's g o i ng no r t hb o u nd
8 o n A s hl e y .
9 Q i s y o u r c a r e q u i ppe d w i t h a v i d e o ca mer a ?
10 A No, s i r .
11 Q Oka y, i s o f f i c e r M c G i nni s ' e q u i ppe d w i t h a
12 v i d e o c a mer a ?
13 A Yes, s i r .
14 Q Do yo u know i f he a c t i v a t e d h i s ca mer a ?
15 A He wa sn't w i t h me. So I c o u l d n 't t e l l yo u.
16 Q A t a ny p o i n t i n y o u r i n v e s t i g a t i o n a s a
Pa ge 39
17 s u p e r v i s o r , d i d yo u l e a r n w he t he r o r no t he ha s a v i d e o
18 o f a ny t hi ng ?
19 A o h, yea h. He ha s a v i d e o o f t he f i e l d
20 s o b r i e t y b ec a use I c a l l e d hi m t o t he sc ene, b u t no t o f
21 t he d r i v i n g p a t t e r n o r t he s t o p.
22 Q A l l r i g h t . So t he v e h i c l e i s d r i v i n g , a nd
23 wha t d o yo u o b s e r v e ?
24 A The v e h i c l e p u l l e d o u t . i t wa s d r i v i n g v e r y
25 s l o w . Ther e's t h r e e l a ne s o n A s hl e y when y o u 'r e g o i ng
T
Pa ge 46
1 no r t hb o u nd , i t s w i t c he d pr o b a b l y t h r e e t i me s b etween
2 t he f a r o u t s i d e l a ne a nd t he c e nt e r l a ne .
3 AS i t wa s s w i t c h i n g , i t wa s d r i v i n g v e r y s l o w .
4 And t he n i t wa s i n t he -- when yo u g e t t o w a r d s Ca ss
5 St r e e t , t he f a r r i g h t -h a n d l a ne i s a f o r c e d r i g h t a nd
6 ma r k i ng s , s i g na g e . He wa s i n wha t I w o u l d c a l l t h e
7 c e nt e r l a ne a t t h a t p o i n t i n t i me , a nd t h e y 'r e b o t h
8 t hr o u g h l a ne s , a nd y o u 'r e g o i ng t o g e t up o n 275.
9 And h o n e s t l y , i f t he c a r w o u l d ha v e g o t up o n
10 275, my i n t e n t i o n s wer e t o t u r n a r o u nd a nd go b a c k a nd
11 go s i t a t M a l i o 's a g a i n. I ha d t h i s c a r d i d n 't
12 r e a l l y ho ne s t l y mean -- I c o u l d n't t e l l yo u t h a t t h a t
13 wa s t he c a r t h a t -- a nyb o d y o t he r t ha n i t wa s g o i ng t o
14 be a f e ma l e d r i v e r , i f he w o u l d n't ha v e made a t r a f f i c
15 i n f r a c t i o n , I w o u l d ha v e ne v e r s t o ppe d i t .
16 Q D i d yo u s t o p t he c a r ?
17 A I u l t i m a t e l y s t o ppe d t he c a r , y e s , s i r .
18 Q And why d i d yo u d o so ?
19 A Beca use he wa s i n a s t r a i g h t l a ne , w hi c h i s
20 d e s i g na t e d f o r s t r a i g h t , a nd he t u r ne d r i g h t , when he
pa ge 40
21 t u r ne d r i g h t , i t ' s a n i mpr o pe r t u r n b ec a use i t -- he
22 wa sn't i n t he t u r n l a ne . And t h e r e wa s a l s o a n suv t h a t
23 wa s ne x t t o me, w hi c h he t u r ne d i n f r o n t o f . I a c t u a l l y
24 ha d t o t u r n o n a l l my emer gency eq u i pment so t h e SUV
25 w o u l d s t o p so t h a t I c o u l d t u r n .
T
Pa ge 47
1 Q So a s I u nd e r s t a nd i t , how ma ny l a ne s a r e
2 g o i ng no r t hb o u nd o n A s hl e y ?
3 A The r e w e l l , i t ' s t h r e e l a ne s . So i f --
4 yo u'v e g o t t h r e e l a ne s g o i ng n o r t h . But when yo u g e t t o
5 Ca ss St r e e t , t he f a r r i g h t -h a n d l a ne end s up t u r n i n g
6 i n t o a f o r c e d r i g h t . And i t ' s g o t a r o a d wa y ma r k i ng ,
7 a nd e v e r y t h i n g . So t he n i t end s up b e i ng t w o l a ne s , a nd
8 a s yo u c o n t i n u e w i t h t ho s e two l a ne s , i t f o r c e s yo u up
9 o nt o 275 n o r t h a nd s o u t hb o u nd .
10 Q And w hi c h l a ne wa s t he c a r i n ?
11 A The r e 's t h r e e l a ne s . Li k e I s a i d , t he f a r
12 r i g h t i s t h e f a r -- a nd he wa s i n t he r i g h t s t r a i g h t
13 l a ne , w hi c h w o u l d be t he c e nt e r o f t ho s e t h r e e .
14 Q And wha t l a ne wer e yo u i n ?
15 A I wa s r i g h t b e hi nd hi m.
16 Q so a t t h a t p o i n t , t he n, he a t t e mpt e d t o ma ke a
17 r i g h t -h a n d t u r n , t he n, o r s w i t c h t o t he ne x t l a ne ?
18 A o h, no . He g o t t o t he i n t e r s e c t i o n a nd made a
19 r i g h t -h a n d t u r n , i t wa sn't l i k e he d r i f t e d o v e r a nd
20 s p l i t t he l a ne s . He came r i g h t up t o t he i n t e r s e c t i o n
21 a nd t u r n e d r i g h t .
22 Q D i d he ha v e a t u r n s i g n a l o n?
23 A No t t h a t I r emember , no .
24 Q And wa s t h e r e s o me t hi ng wr o ng w i t h t h i s t u r n ?
Pa ge 41
25 A Yea h. By F l o r i d a s t a t e s t a t u t e , i t ' s a
Pa ge 48
1 v i o l a t i o n t u r n i n g f r o m t he i n a p p r o p r i a t e l a ne . And
2 a l s o , t he f a r r i g h t -h a n d l a ne i s a t u r n o n l y l a ne .
3 Q So he s ho u l d ha v e b een, und er y o u r
4 i n t e r p r e t a t i o n , i n t he f a r r i g h t l a ne t o ma ke t h a t t u r n ?
5 A By F l o r i d a s t a t e s t a t u t e , he s ho u l d ha v e been
6 i n t he f a r r i g h t -h a n d l a ne i n o r d e r t o ma ke a r i g h t -h a n d
7 t u r n , y e s , s i r .
8 H EA RING OF F IC ER: Rea l q u i c k , c o u ns e l . I'm
9 s o r r y .
10 So t he n he f r o m t h e c e nt e r l a ne , d i d he c u t
11 a c r o s s a no t he r l a ne ?
12 i n o t he r wo r d s , he's d r i v i n g ; t he r e 's a l a ne
13 he r e , a nd he c u t a c r o s s t h a t l a ne ?
14 SERGEANT FERNANDEZ: Tha t i s c o r r e c t . And
15 t h e r e wa s a v e h i c l e i n t h a t l a ne . Li k e I s a i d , i
16 t u r n e d o n my emer gency e q u i pme nt f o r t h a t b ec a use
17 when t h a t c a r t u r ne d i n f r o n t o f us, we b o t h
18 s t o ppe d , a nd I t u r ne d o n my emer genc y eq ui pment so
19 I c o u l d t u r n i n f r o n t o f hi m t o go c a t c h
20 t he v e h i c l e .
21 HEARING OF F IC ER: Tha nk y o u , C o u ns e l .
23 Q And d o es t he r i g h t -h a n d t u r n l a ne s t o p a t t h a t
24 i n t e r s e c t i o n ?
25 A Yes, s i r .
Pa ge 49
Pa ge 42
1 Q Beca use t h e r e 's no r ea so n t o ha v e i t c o nt i nu e ?
2 A NO. I t i t ' s f o r c e d -- yo u ha v e t o t u r n
3 r i g h t . The r e 's no wher e e l s e t o go .
4 Q And t he v e h i c l e t h a t yo u o b s e r v e d , wha t d i d
5 t h a t l o o k l i k e ?
6 A Tha t wa s a n suv.
7 Q And wher e wa s t h a t ? wher e wa s i t t r y i n g t o --
8 wha t wa s i t d o i ng ?
9 A A r e yo u t a l k i n g a b o u t t he o ne t h a t wa s i n t he
10 t u r n l a ne ?
11 Q Yea h, wa s i t t r y i n g t o t u r n r i g h t ?
12 A Yea h. He's i n t h a t t u r n l a ne . He t e nd s t o
13 t u r n r i g h t , u nl e s s he's g o i ng t o v i o l a t e a nd go
14 s t r a i g h t , b u t he s t o ppe d when I t u r ne d i n f r o n t o f hi m
15 w i t h t he emer genc y e q u i pme nt .
16 Q Then wha t ha ppened ?
17 A As so o n a s t he c a r p u l l e d o v e r b ec a use i t
18 s t o ppe d r i g h t t h e r e o n Ca ss St r e e t . When i t p u l l e d
19 o v e r , Mr . C a mpb el l g o t o u t o f t he c a r i n s t a n t l y . I
20 d i d n 't ev en g e t a c ha nc e t o a ppr o a c h t he c a r .
21 Q Then wha t ha ppened ?
22 A w e l l , a s so o n a s he e x i t e d t he c a r , I n o t i c e d
23 t h a t he wa s u ns t e a d y , when I a ppr o a c hed hi m, a s he
24 spo ke, I c o u l d d e f i n i t e l y s me l l t he d i s t i n c t o d o r o f
25 a l c o h o l i c b ev er a g e o n h i s b r e a t h. He ha d g l a s s y ,
Pa ge 50
1 b l o o d s ho t eyes .
2 I knew who he wa s, o b v i o u s l y , b ec a use I ha d
3 r u n h i s D A V ID p i c t u r e . I wa s k i nd o f sho c ked b ec a use he
4 wa s t he o ne d r i v i n g t he c a r b ec a use I wa s e x p e c t i n g a
Pa ge 43
5 f e ma l e d r i v e r b a sed o n O f f i c e r M c G i nni s ' i n f o r m a t i o n ,
6 a nd b a sed o n my o b s e r v a t i o n s , I r e q u e s t e d o f f i c e r
7 M c G i nni s r espo nd a nd d o a DUI i n v e s t i g a t i o n .
8 Q Was t h e r e a pa ssenger i n t he v e h i c l e ?
9 H EA RING OF F IC ER: 15 mi nu t e s , c o u ns e l .
10 A Yes, t h e r e wa s a pa s s eng er .
11 Q And who wa s t h a t ?
12 A A t t h a t p o i n t o r e v e n t u a l l y ?
13 Q A t t h a t p o i n t .
14 A I ha d no c l u e who t h a t wa s.
15 Q Oka y. Ev e nt u a l l y ?
16 A I end ed f i n d i n g o u t i t wa s M e l i s s a P e t r a y u s
17 ( s i c ) o r P e t r o ni u s ( s i c ) , o r ho wev er yo u sa y he r na me.
18 Q How d i d yo u f i n d t h a t o u t ?
19 A I end ed up ha v i ng t o g e t he r name t o f i n d o u t
20 i f she ha d a v a l i d d r i v e r 's l i c e n s e , t o see who o wned
21 t he c a r a nd see i f I c o u l d l e t he r d r i v e home, b u t I
22 c o u l d n 't b ec a use he r l i c e n s e wa s suspend ed .
23 Q D i d she a ppea r i mpa i r e d t o yo u a t a l l ?
24 A She a ppea r ed she ha d been d r i n k i n g .
25 Q And how wa s t he c a r r emo v ed f r o m t he sc ene?
Pa ge 51
1 A The r e wa s a g e nt l e ma n when I went up t o
2 he r , I s a i d , d o yo u ha v e so mebo d y t h a t c a n come p i c k yo u
3 up b ec a use yo u c a n't d r i v e ; y o u r l i c e n s e i s suspend ed .
4 she s a i d , yea h, I ha v e so mebo d y o n t he wa y.
5 So t he n I w a l k e d b a c k t o my c a r t o g e t a n
6 i mpo und s he e t . I d i d n 't ha v e o ne. I a sked O f f i c e r
7 M c G i nni s f o r a n i mpo und s he e t . I went b a c k up t o t r y t o
8 t e l l he r , hey, yo u need t o s t a r t g e t t i n g o u t o f t he c a r ,
Pa ge 44
9 a nd g e t y o u r s t u f f .
10 A t t h a t p o i n t , a no t he r v e h i c l e p u l l e d up.
11 The r e wa s a yo ung man a nd a yo ung l a d y t h a t d r o v e t h i s
12 SUV. And he s a i d , yea h, I ca n t a k e he r home. I s a i d ,
13 w e l l , i t ' s he r mom's c a r ; ca n yo u d r i v e he r i n he r c a r .
14 He s a i d , y e s , I c a n. A t t h a t p o i n t , I s a i d -- I knew he
15 ha d a v a l i d l i c e n s e b ec a use I r a n i t , a nd t he n I
16 r e l e a s e d them b o t h.
17 MR. F ITZGIBBONS: I ha v e a number o f o t h e r
18 q u e s t i o ns . In v i e w o f t he r u l i n g o f t he h e a r i n g
19 o f f i c e r , I am no t a l l o w e d t o a sk t ho s e q u e s t i o n s .
20 F o r t he r e c o r d , I ' l l r e q u e s t t h a t t h i s
21 he a r i ng be c o nt i nu e d , o r i f t h e r e i s a f a v o r a b l e
22 r u l i n g , pe r ha ps i n a no t he r f o r u m, t h a t I t he n
23 be a b l e t o c o n t i n u e t h i s i n t e r r o g a t i o n o r
24 q u e s t i o n i n g . So I ha v e no f u r t h e r q u e s t i o ns a t
25 t h i s t i me .
T
Pa ge 52
1 HEARING OF F IC ER: o ka y. Yo ur o b j e c t i o n t o
2 o f f i c e r -- Se r g e a nt F er na nd ez no t b r i n g i n g t h e
3 s u ppl ement I'm g o i ng t o o v e r r u l e b a sed o n t he f a c t
4 he pr o v i d e d yo u t he e l e c t r o n i c c o py o f t he
5 s u ppl ement a nd t h a t yo u c o u l d a sk t he q u e s t i o ns
6 f r o m t h a t .
7 I f yo u wa nt a c o py o f t h a t s u ppl e me nt , y o u ' l l
8 ha v e t o g e t t h a t . I f yo u wa nt t o s u b mi t i t i n t o
9 e v i d e nc e , I ' l l a l l o w yo u t o d o t h a t .
10 As f a r a s a c o nt i nu a nc e t o q u e s t i o n Se r g e a nt
11 F er na nd ez mo r e, i f yo u ha v e q u e s t i o ns , he's he r e
12 now, a nd t h e r e 's no sense i n c o n t i n u i n g t h e
Pa ge 45
13 h e a r i n g . Yo u ha v e 13 mi nu t e s t o f i n i s h t he he a r i ng
14 t h a t wa s d eemed f o r o ne ho u r .
15 Do yo u ha v e a ny -- y o u r o b j e c t i o n t o f a i l u r e
16 t o p r o v i d e t he c l i e n t w i t h d ue pr o c e s s i s a l s o
17 o v e r r u l e d b a sed o n t he f a c t t h a t yo u'v e been a b l e
18 t o a s k y o u r q u e s t i o ns p e r t a i n i n g t o t he n i g h t o f
19 t he o f f e n s e .
20 And a l s o p e r t a i n i n g t o Mr . C ha r l e s C a mpb el l
21 ha s been a l l o w e d a ny a b i l i t y t o c o nd u c t t h i s
22 h e a r i n g d o es no t v i o l a t e h i s d ue pr o c e s s , so t h a t
23 o b j e c t i o n ha s been o v e r r u l e d a s w e l l .
24 Do yo u ha v e a ny f u r t h e r q u e s t i o ns f o r Se r g e a nt
25 F er na nd ez ?
Pa ge 53
2 Q One q u i c k q u e s t i o ns , a c o u pl e o f q u e s t i o ns .
3 The s u ppl e me nt t h a t yo u pr e pa r e d t h a t I c o u l d r ea d b u t
4 d o n't ha v e a c o py o f , yo u pr e pa r e d i t t h a t n i g h t ?
5 A I d o n't r e c a l l i f I t y pe d i t e x a c t l y t h a t
6 n i g h t , s i r , o r i f I t y pe d i t t he ne x t n i g h t . I d o n't
7 r emember e x a c t l y . I r emember I g o t o f f p r e t t y q u i c k l y
8 a f t e r t h a t . I g o t o f f , I t h i n k , a t 11:30 o r 12:00 t h a t
9 n i g h t . So .. .
10 Q The r e 's a t i me ne x t t o t he s u ppl e me nt when yo u
11 sho wed me t h e i nd e x .
12 Was t h a t t he t i me yo u pr e pa r e d t he
13 s u ppl e me nt ?
14 A Tha t w o u l d be t he t i me o f t he s t o p , s i r .
15 Q o ka y, NOW, when yo u pr e pa r e d t he s u ppl e me nt ,
16 d i d yo u pr e pa r e i t o nc e, o r d i d yo u e v e r e d i t o r cha nge
Pa ge 46
FORMAL REVIEW H EA RING 2-27-13 ( 2)
17 a n y t h i n g i n t he s u ppl e me nt ?
18 A I ne v e r c ha nged a n y t h i n g . I t ' s e l e c t r o n i c . I
19 s u b mi t t e d i t . One o f my c o r p o r a l s e d i t e d i t a nd
20 s u b mi t t e d i t e l e c t r o n i c a l l y a nd s t u f f .
21 H EA RING OF F ICER: Se r g e a nt F er na nd ez , i s y o u r
22 s u ppl e me nt a t r u e a nd t o t he b e s t o f y o u r
23 kno wl ed ge, c o py o f wha t yo u d eemed t o ha ppen t he
24 n i g h t o f J a nu a r y 23r d , 2013?
25 SERGEANT FERNANDEZ: I t ' s t he mo st a c c u r a t e
Pa ge 54
1 c o py I'm e v e r g o i ng t o ha v e, s i r .
2 H EA RING OF F ICER: Tha nk yo u. C o u ns e l , a ny
3 o t h e r q u e s t i o ns ?
4 MR. F ITZGIBBONS: No.
5 H EA RING OF F IC ER: O f f i c e r -- Se r g e a nt
6 F er na nd ez , a ny t hi ng e l s e yo u wa nt t o a d d f o r t he
7 r e c o r d ?
8 SERGEANT FERNANDEZ: I guess t he o n l y
9 q u e s t i o n , s i r , w o u l d be i s , d o I need t o t r y a nd
10 some wa y f i g u r e o u t a n e l e c t r o n i c c o py t o y o u , o r
1 1 d o I need t o p r i n t o u t a c o py a nd b r i n g i t t o t h e
12 he a r i ng ?
13 HEARING OF F ICER: The d o c uments ha v e been
14 e nt e r e d i n t o t he r e c o r d . I f c o u ns e l wa nts a c o py
15 o f t he s u ppl e me nt , h e ' l l ha v e t o g e t t h a t a t
16 a no t he r t i me .
17 SERGEANT FERNANDEZ: Tha nk yo u , s i r .
18 HEARING OF F ICER: Ca n yo u b r i n g o f f i c e r
19 M c G i nni s i n ?
20 SERGEANT FERNANDEZ: Yes, s i r . Tha nk yo u ,
Pa ge 47
21 Mr . F i t z g i b b o n s .
22 MR. F ITZGIBBONS: Tha nk y o u .
23 SERGEANT F ERNANDEZ: Ha v e a good d a y.
24 H EA RING OF F IC ER: Tha nk y o u , s i r .
25 SERGEANT F ERNANDEZ: Tha nk y o u .
Pa ge 55
1 (D i s c u s s i o n off t he r e c o r d . )
2 H EA RING OFFICER: O f f i c e r M c G i nni s , do yo u
3 swea r or a f f i r m t he t e s t i mo ny yo u a r e a b o u t t o g i v e
4 i s t h e t r u t h , t he who l e t r u t h a nd n o t h i n g b u t t he
5 t r u t h ?
6 OF F ICER MCGINNIS: I do.
7 H EA RING OF F IC ER: Pl ea s e s t a t e y o u r na me, r a nk
8 a nd e mpl o y e r f o r t he r e c o r d , pl e a s e .
9 OFFICER MCGINNIS: o f f i c e r Ti m M c G i nni s , C i t y
10 of Ta mpa P o l i c e Depa r t ment .
11 HEARING OFFICER: And do yo u a s c r i b e f o r me
12 t he i n f o r m a t i o n pr o v i d e d by yo u i n t he s e d o c uments
13 a r e c o r r e c t ?
14 OF F ICER MCGINNIS: I do.
15 H EA RING OFFICER: D i d yo u i s s u e a s u s pe ns i o n
16 t o Mr. C ha r l e s P h i l i p C a mpb e l l , Jr ., on J a nu a r y
17 23rd, 2013, f o r r e f u s a l t o s u b mi t t o a b r e a t h t e s t ?
18 OF F ICER MCGINNIS: I di d.
19 HEARING OFFICER: Co unsel a ny q u e s t i o ns ?
20 EXAMINATION
22 Q O f f i c e r M c G i nni s , I wa nt t o c a l l y o u r
23 a t t e n t i o n t o t he e v e ni ng of J a nu a r y 23rd, 2013.
24 when di d yo u f i r s t l e a r n of t he c a se i n v o l v i n g
Pa ge 48
25
T
Mr . C a mpb el l o r a ny a l l e g a t i o n s a b o u t Mr . C a mpb el l
Pa ge 56
1 d r i n k i n g a nd d r i v i n g ?
2 A wha t d o yo u mean by c a se?
3 Q Oka y. I ' l l r e phr a s e i t . When d i d yo u f i r s t
4 he a r a b o u t Mr . C a mpb el l o r t h a t yo u wer e g o i ng t o be
5 l o o k i n g f o r hi m t h a t n i g h t ?
6 A Mr . C a mpb el l h i m s e l f , I ha v e no i d e a .
7 Q A l l r i g h t . So wer e yo u i n t he o f f i c e w i t h
8 s e r g e a nt F er na nd ez when he r e c e i v e d a pho ne c a l l f r o m
9 h i s f r i e n d , Adam F i l t h a u t ?
10 A I ha v e no i d e a when t he pho ne c a l l came i n t o
11 hi m.
12 Q D i d Se r g e a nt F er na nd ez t e l l yo u a b o u t a pho ne
13 c a l l ?
14 A He s a i d he j u s t g o t a t e x t , I t h i n k i t wa s.
15 And t h a t 's when he s e nt o f f i c e r Su s t e k .
16 Q wha t d i d t he t e x t sa y, a s yo u u nd e r s t a nd i t ?
17 A I ha v e no i d e a . I d i d n 't r ea d i t .
18 Q Oka y. D i d he t e l l yo u wha t i n f o r m a t i o n he
19 ha d ?
20 A The -- wha t d i d he sa y? J u s t t h a t i t wa s
21 j u s t g o t a t e x t t h a t -- o b v i o u s l y i t wa s C a mpb el l a t t he
22 t i me -- I d i d n 't kno w t h a t a t t he t i me -- t h a t wa s
23 d r u nk , a nd he wa s f i x i n g t o l e a v e .
24 Q Lea v e wher e?
25 A The b a r .
Pa ge 57
1 Q And wha t wa s t he b a r ?
Pa ge 49
2 A I l a t e r f o u nd o u t i t wa s M a l i o 's .
3
Q
A l l r i g h t , so o f f i c e r s u s t e k t he n went wher e?
4 A I ha v e no i d e a .
5
Q
Wher e d i d yo u go ?
6 A I went t o e a t .
7
Q
And t he n a f t e r yo u a t e , wher e d i d yo u go ?
8 A I went t o c o f f e e . I d i d . Tha t 's wha t
9 ha ppened
10
Q
A l l r i g h t . A f t e r yo u ha d c o f f e e
11 A Yo u a s ked me --
12
Q
wher e d i d yo u go ?
13 A -- t he q u e s t i o n , r i g h t ?
14
Q
Oka y, wher e d i d yo u go a f t e r yo u ha d c o f f e e ?
15 A I went t o r e l i e v e O f f i c e r Su s t e k so he c o u l d
16
9
e a t .
17
Q
And wher e wa s he?
18 A I ne v e r met hi m. I d i d n 't meet up w i t h hi m.
19
Q
O f f i c e r Su s t ek?
20 A No, I ne v e r d i d .
21
Q
A l l r i g h t , so a f t e r yo u ha d c o f f e e , wher e d i d
22 yo u go ?
23 A I went t o A s hl e y a nd Wa s hi ng t o n, I t h i n k i t
24 i s. I'm p r e t t y s u r e t h a t 's wher e t he e x i t f o r t he Ba nk
25 o f A me r i c a g a r a g e i s .
Pa ge 58
1
Q
And why d i d yo u go t he r e ?
2 A Beca use I wa s l o o k i n g f o r a c e r t a i n v e h i c l e .
3
Q
And t h a t v e h i c l e wa s d e s c r i b e d t o yo u a s wha t?
4 A A b l a c k Bea mer .
5
Q
Who t o l d yo u t h a t ?
Pa ge 50
6 A Se r g e a nt F er na nd ez .
7 Q Oka y. And wha t i n f o r m a t i o n d i d he g i v e yo u
8 a b o u t t h e b l a c k Bea mer ?
9 A i t wa s a b l a c k Bea mer c o n v e r t i b l e .
10 Q A l l r i g h t . So
11 A Tha t 's wha t we wer e l o o k i n g f o r .
12 Q And why wer e yo u l o o k i n g f o r i t ?
13 A Beca use t h a t wa s suppo sed t o ha v e been t he
14 pe r s o n we wer e l o o k i n g f o r t o be o u t d r i v i n g .
15 Q w e l l , yo u ca n d r i v e a v e h i c l e . Wer e yo u
16 l o o k i n g f o r s o me t hi ng e l s e , o r wa s t h e r e s o me t hi ng a b o u t
17 t h i s p a r t i c u l a r d r i v e r t h a t yo u ha d i n f o r m a t i o n a b o u t ?
18 A The o n l y i n f o r m a t i o n I ha d wa s t h a t t h e r e wa s
19 a p o s s i b i l i t y t he d r i v e r i s g o i ng t o be i n t o x i c a t e d , a nd
20 we wa s l o o k i n g f o r t he o t he r v e h i c l e . So o b v i o u s l y , yo u
21 ha v e t o g e t b e hi nd t he v e h i c l e t o o b s e r v e t he d r i v i n g
22 p a t t e r n .
23 Q HOW l o ng d i d yo u w a i t o u t s i d e t he Ba nk o f
24 A me r i c a p a r k i n g a r e a ?
25 A I d o n't know t he e x a c t t i m e . I t wa s f o r a
Pa ge 59
1 l i t t l e w h i l e . I d o n't kno w. An ho u r , two ho u r s . I
2 ha v e no i d e a .
3 Q So f r o m o ne t o two ho u r s , r o u g hl y ?
4 A I c a n't s i t he r e a nd sa y o ne t o two ho u r s . I
5 ha v e no i d e a . I d i d n 't keep t r a c k o f t he t i me . I wa s
6 j u s t s i t t i n g t h e r e l o o k i n g f o r a b l a c k Bea mer .
7 Q So yo u wer e t h e r e a t l e a s t a n ho u r ?
8 A How ma ny t i me s a r e yo u g o i ng t o a sk me t h a t
9 q u e s t i o n? I t ' s I d o n't kno w.
Pa ge 51
10 Q Do es t he Ta mpa P o l i c e Depa r tment ha v e a ny
11 e l e c t r o n i c system t h a t mo ni t o r s t he l o c a t i o n o f
12 o f f i c e r s ?
13 A I ha v e no i d e a .
14 Q Oka y. So a f t e r yo u -- d i d yo u e v e r see a
15 b l a c k BMW e x i t ?
16 A No, i d i d no t .
17 Q So wha t d i d yo u d o t he n?
18 A Sa t t h e r e
20 A -- w a i t i n g f o r i t .
21 Q D i d yo u s t a y t h e r e a l l n i g h t ?
22 A NO.
23 Q A l l r i g h t . Wha t d i d yo u d o a f t e r yo u g o t
24 s i t t i n g t h e r e w a i t i n g f o r i t ?
25 A I wa s O f f i c e r -- o r s e r g e a nt F er na nd ez
Pa ge 60
1 t o l d me t o d r i v e by M a l i o 's a nd see i f I c o u l d see a --
2 wha t wa s i t ? -- a -- a c t u a l l y , a f e ma l e t h a t wa s c o mi ng
3 o u t , a nd i t wa s i n a i t wa sn't a b l a c k Bea mer . He
4 s a i d i t wa s a s i l v e r c a r .
5 And t he n I went b y, a nd I saw a f e ma l e
6 s t a r t i n g t o g e t i n t o a s i l v e r Ni s s a n, a nd I r e l a y e d t o
7 hi m t h a t i t wa s a f e ma l e d r i v e r . So I went o n b ec a use I
8 wa s l o o k i n g f o r a w h i t e ma l e i n a b l a c k Bea mer .
9 Q Now, why d i d yo u go by M a l i o 's --
10 A Beca use I wa s t o l d t o .
11 Q -- f r o m -- by Se r g e a nt F er na nd ez ?
12 A Yes.
13 Q And t he r e a s o n he t o l d yo u t o go by M a l i o 's ?
Pa ge 52
14 A A g a i n, t o c hec k a nd see i f -- t he w h i t e f e ma l e
15 g e t t i n g i n t o a s i l v e r Ni s s a n.
16 Q So o r i g i n a l l y y o u 'r e l o o k i n g f o r a b l a c k BMW
17 d r i v e n by a w h i t e ma l e, a nd now i t ' s s h i f t e d t o a f e ma l e
18 i n a d i f f e r e n t c a r ?
19 A Yep.
20 Q Was t h a t e x pl a i ne d t o yo u , why t he s h i f t ?
21 HEARING OFFICER: I r r e l e v a n t , c o u ns e l .
22 MR. F ITZG IBBONS: Pa r d o n?
23 HEARING OFFICER: I r r e l e v a n t .
24 MR. F ITZG IBBONS: A l l r i g h t . Same o b j e c t i o n .
25 HEARING OFFICER: Ob j e c t i o n o v e r r u l e d .
Pa ge 61
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
BY MR. F ITZGIBBONS:
Q Then wha t d i d yo u d o ?
A Dr o v e by M a l i o 's .
Q I mea n, wha t d i d yo u -
see?
o k a y , wha t d i d yo u
A A g a i n, t he w h i t e f e ma l e by t h e s i l v e r Ni s s a n.
Q Was t h e r e a nyb o d y e l s e i n f r o n t o f M a l i o 's ?
A The r e wa s a b o u t t h r e e o r f o u r d i f f e r e n t pe o pl e
i n t h a t p a r k i n g l o t . I'm s u r e some o f them wer e
pr o b a b l y t he v a l e t . I d o n't kno w. I wa s n't l o o k i n g
s p e c i f i c a l l y f o r a nyb o d y e l s e o t he r t ha n t he w h i t e
f e ma l e i n t h e s i l v e r v e h i c l e .
Q And t he n wha t d i d yo u d o a f t e r l o o k i n g f o r t he
w h i t e f e ma l e a nd d r i v i n g pa s t M a l i o 's ?
A I t o l d Ser g ea nt F er na nd ez i t ' s a f e ma l e
g e t t i n g i n t o t he d r i v e r 's s i d e , a nd k e pt g o i ng t o w a r d s
Kenned y a nd went t o Kenned y, a nd I wa s g o i ng t o go b a c k
Pa ge 53
18 t o Wa s hi ng t o n a nd A s hl e y t o keep a n eye o pen f o r t he
19 b l a c k Bea mer .
20 Q A l l r i g h t . So wha t d i d yo u d o ne x t , t he n?
21 OF F IC ER M C G INNIS: Yo u kno w, i t ' s -- i s --
22 t h i s i s k i n d o f o u t o f t he sc o pe he r e o f my p a r t ,
23 i s i t no t ?
24 H EA RING OF F IC ER: O f f i c e r M c G i nni s , I w i l l
25 d e t e r mi ne w ha t 's w i t h i n o r w i t h o u t w ha t 's
T
Pa ge 62
1 o u t s i d e t he sc o pe. Tha t q u e s t i o n w i l l be
2 a l l o w e d .
3 OF F IC ER M C G INNIS: o ka y.
4 HEARING OF F ICER: Answer t he q u e s t i o n .
5 OF F IC ER M C G INNIS: Oka y.
6 A I wo n't a nswer i t .
7 Q Pa r d o n me?
8 A I'm no t g o i ng t o a nswer t h a t .
9 Q A r e yo u e x e r c i s i n g --
10 A I t ' s o u t s i d e t he sc o pe.
11 H EA RING OF F IC ER: o ne mi nu t e , c o u ns e l .
12 A Ou t s i d e t he sc o pe.
13 HEARING OF F ICER: o f f i c e r Mc Gi nni s
14 OFFICER MCGINNIS: Yes.
15 HEARING OF F IC ER: - - i f yo u r e f u s e t o a nswer
16 t he q u e s t i o n , t he n yo u a r e --
17 OFFICER M C G INNIS: I S i t no t -- i s i t w i t h i n
18 t he sc o pe o r no t ?
19 H EA RING OF F IC ER: Le t me f i n i s h ,
20 Mr . M c G i nni s o f f i c e r M c G i nni s .
21 i f yo u r e f u s e t o a nswer t he q u e s t i o n , t he n
pa ge 54
22 y o u , s i r , a r e pu t i n t he cl a nger o f t h i s c a se b e i ng
23 i n v a l i d a t e d b a sed upo n y o u r r e f u s a l t o t e s t i f y i n
24 t h i s h e a r i n g .
25 s o , now, i f i t ' s y o u r d e t e r m i n a t i o n t o d o so ,
Pa ge 63
1 i f yo u wa nt t o r e f u s e t o a nswer t he q u e s t i o n , f i n e .
2 I t ' s no s k i n o f f my t e e t h --
3 OF F IC ER M C G INNIS: o ka y.
4 H EA RING OF F IC ER: -- w he t he r i t ' s s u s t a i ne d
5 o r i n v a l i d a t e d , so a nswer t he q u e s t i o n , pl e a s e .
6 A Wha t's y o u r q u e s t i o n?
7 Q wha t d i d yo u d o ne x t , a f t e r d r i v i n g by
8 M a l i o 's ?
9 A D r o v e . I k e pt d r i v i n g .
10 Q And wher e d i d yo u d r i v e t o ?
11 A A g a i n, b a c k t o Wa s hi ng t o n a nd A s hl e y .
12 Q wher e d i d yo u go a f t e r t h a t ?
13 A Tha t 's i t .
14 Q D i d yo u e x i t y o u r v e h i c l e a nd go home?
15 A No. I s t a y e d r i g h t t h e r e .
16 Q Then wha t d i d yo u d o ?
17 A I s t a y e d r i g h t t h e r e .
18 Q How l o ng d i d yo u s t a y t he r e ?
19 A I ha v e no i d e a o f t he t i me f r a me .
20 Q wha t ne x t a c t d i d yo u pe r f o r m?
21 A C o u l d yo u
22 HEARING OFFICER: Be mo r e s p e c i f i c i n y o u r
23 q u e s t i o n
24 A Yea h.
25 HEARING OFFICER: -- pl e a s e , c o u ns e l .
Pa ge 55
Pa ge 64
2 Q D i d yo u d r i v e so mepl a c e a f t e r t h a t ?
3 HEARING OF F ICER: Ca n yo u be mo r e s p e c i f i c ?
4 Q D i d yo u r e c e i v e a ny i n f o r m a t i o n f r o m a nyb o d y,
5 a c a l l ?
6 A I d i d .
7 Q A l l r i g h t . And who d i d yo u r e c e i v e a c a l l
8 f r o m?
9 A D i s pa t c h.
10 Q And wha t d i d d i s p a t c h t e l l yo u?
11 A To go b ec a use s e r g e a nt F er na nd ez c a l l e d f o r a
12 600 u n i t , w hi c h I am. He t o l d me t o meet hi m a t -- wha t
13 i s t h a t ? -- Ca ss a nd Ta mpa .
14 Q so wha t d i d yo u d o a f t e r r e c e i v i n g t he c a l l
15 f r o m d i s pa t c h?
16 A Dr o v e t h e r e .
17 Q wha t d i d yo u d o o nc e yo u a r r i v e d t he r e ?
18 A Met w i t h Se r g e a nt F er na nd ez .
19 Q wha t d i d he sa y, a nd wha t d i d yo u sa y?
20 HEARING OF F ICER: Ca n yo u be mo r e s p e c i f i c ,
21 c o u ns e l ?
22 Q when yo u met w i t h s e r g e a nt F er na nd ez , wha t
23 i n f o r m a t i o n d i d he spea k t o yo u t h a t yo u he a r d f r o m h i s
24 mo uth?
25 A c o nc e r ni ng wha t?
Pa ge 65
1 Q c o nc e r ni ng a n y t h i n g .
Pa ge 56
2 A NO. C o nc e r ni ng wha t? YOU
3 HEARING OF F ICER: O f f i c e r M c G i nni s --
4 OF F IC ER M C G INNIS: I d o n't u nd e r s t a nd hi m.
5 HEARING OF F ICER: -- when yo u met up w i t h
6 Se r g e a nt F er na nd ez a t Ca ss a nd Ta mpa , O f f i c e r
7 H er na nd ez ( s i c ) , why wer e yo u t h e r e , s i r ?
8 OF F IC ER M C G INNIS: Beca use I wa s r e q u e s t e d t o
9 come o u t . He r e q u e s t e d a 600 u n i t , w hi c h I am, a nd
10 I went t h e r e .
11 HEARING OF F ICER: And wha t d o es a 600 u n i t --
12 OF F IC ER M C G INNIS: Beca use he need ed a t r a f f i c
13 s t o p o n t he t he s i l v e r Ni s s a n.
16 Q So yo u a r r i v e d a t t he sc ene, a nd Se r g e a nt
17 F er na nd ez ha d ma de a t r a f f i c s t o p o f a Ni s s a n, c o r r e c t ?
18 A C o r r e c t .
19 Q wha t d i d yo u d o t he n?
20 A wha t d o yo u mea n?
21 HEARING OF F ICER: O f f i c e r M c G i nni s , why wer e
22 yo u a t Ta mpa a nd Ca ss a f t e r yo u met up w i t h
23 Se r g e a nt F er na nd ez ?
24 OF F ICER McGINNIS: Beca use t h a t wa s t h e a r e a
25 t h a t I wa s a sked t o come t o .
Pa ge 66
1 HEARING OFFICER: Oka y.
3 Q So yo u a r r i v e a t t he sc ene, w ha t 's t he f i r s t
4 a c t t h a t yo u d o ?
5 A No r ma l l y , o r i n t h i s i ns t a nc e ?
Pa ge 57
6 Q i n t h i s i n s t a n c e .
7 HEARING OFFICER: Yo u ha v e 2 mi nu t e s a nd 30
8 s ec o nd s , C o u ns e l .
9 A Tha t 's when I met w i t h Se r g e a nt F er na nd ez .
10 Q D i d Se r g e a nt F er na nd ez spea k t o yo u?
11 A Of c o u r s e , he d i d .
12 Q wha t i n f o r m a t i o n d i d he p r o v i d e t o yo u?
13 A He t o l d me t h a t when he s t o ppe d t he v e h i c l e
14 f o r v i o l a t i n g a no t he r v e h i c l e 's r i g h t -o f -w a y , i t wa s
15 t u r n i n g r i g h t o n t o Ca ss f r o m A s hl e y , f r o m a t hr o u g h
16 l a n e , c u t t i n g a c r o s s a t u r n l a ne , a nd t h e r e wa s
17 a no t he r -- t h e r e wa s a v e h i c l e i n t he t u r n l a ne t h a t t he
18 Ni s s a n c u t i n f r o n t o f .
19 He i n i t i a t e d t he t r a f f i c s t o p , came i n c o nt a c t
20 w i t h t h e d r i v e r . A f t e r t he when he s t o ppe d , he s a i d
21 t he d r i v e r e x i t e d t he v e h i c l e b e f o r e he g o t up t o hi m.
22 o b v i o u s l y , t he i t beca me Mr . C a mpb e l l .
23 And he s a i d t h a t he t o l d me t h a t he saw
24 t h a t he ha d r e d a nd g l a s s y eyes , a d i s t i n c t o d o r o f a n
25 a l c o h o l i c b ev er a ge c o mi ng f r o m h i s b r e a t h . And t h a t 's
Pa ge 67
1 wha t he t o l d me, a nd t he n I went up t h e r e t o c o n f i r m .
2 Q Do yo u ha v e a v i d e o ca mer a i n y o u r c a r ?
3 A I d o .
4 Q wa s i t o p e r a t i n g when yo u a r r i v e d ?
5 A when I a r r i v e d ? No. i t wa s n't t u r n e d o n y e t .
6 Q when d i d yo u t u r n i t o n?
7 A When I d e c i d e d -- a f t e r I went up a nd met w i t h
8 Mr . C a mpb el l a nd g o t ~- g o t c l u e s o f i mpa i r me nt , t he
9 sa me o nes Se r g e a nt F er na nd ez t o l d me he'd r e c e i v e d , a nd
Pa ge 58
10 t h a t 's when I a sked Mr . C a mpb el l t o w a l k o v e r t o t he
11 s i d e w a l k a nd t o d o some f i e l d s o b r i e t y e x e r c i s e s .
12 Q when d i d yo u a c t i v a t e y o u r v i d e o c a mer a ?
13 A on t he w a l k o v e r t o t he s i d e w a l k .
14 Q Ca n yo u d o t h a t
15 H EA RING OF F ICER: 1 mi nu t e , c o u ns e l .
17 Q -- r e mo t e l y f r o m -- o r d o yo u ha v e t o e n t e r
18 t he c a r t o d o t h a t ?
19 A I d o i t r e mo t e l y .
20 Q And wha t d i d Mr . Ca mpb el l sa y, a nd wha t d i d
21 yo u d o ?
22 A A t wha t p o i n t ?
23 Q A f t e r he w a l k e d o v e r t o t he s i d e w a l k ? D i d yo u
24 ha v e a c o n v e r s a t i o n w i t h --
25 A A c o nv e r s a t i o n? No. I t o l d hi m why a f t e r
Pa ge 68
1 I a sked hi m t o d o some f i e l d s o b r i e t y e x e r c i s e s , I went
2 o v e r t h e r e , a nd I s t a r t e d e x p l a i n i n g wha t wa s g o i ng o n,
3 a nd ...
4 Q D i d yo u a r r e s t Mr . C a mpb el l ?
5 A Ev e n t u a l l y , y e s .
6 Q And wha t wa s t he pr o b a b l e c a use, a l l r e a s o ns
7 f o r t he a r r e s t ?
8 A The o r i g i n a l pr o b a b l e c a use t o a sk hi m t o d o
9 f i e l d s o b r i e t y e x e r c i s e s , a g a i n, i s t he r e d a nd g l a s s y
10 eyes a nd t he v e r y d i s t i n c t o d o r o f a n a l c o h o l i c b ev er a g e
11 c o mi ng f r o m h i s b r e a t h w h i l e we wer e c o nv e r s i ng .
12 And a t f i r s t , Mr . C a mpb el l s a i d t h a t he w o u l d
13 s u b mi t t o t he f i e l d s o b r i e t y e x e r c i s e s . So we w a l k e d
pa ge 59
14 o v e r t o t h e s i d e w a l k , a nd I s t a r t e d g o i ng t hr o u g h t he
15 e x p l a n a t i o n o f wha t I wa s g o i ng t o a sk hi m t o d o , a sked
16 hi m i f he ha d a ny t y pe o f -- o r a n y t h i n g t h a t w o u l d
17 a f f e c t h i s b a l a nc e , w he t he r i n t he pa s t o r r i g h t now.
18 And t he n t h a t 's when he -- he s t a r t e d t e l l i n g
19 me a l l t he t he d i f f e r e n t t h i n g s t h a t -- pr e s u ma b l y
20 t h a t wa s wr o ng w i t h hi m.
21 HEARING OFFICER: o f f i c e r M c G i nni s , t he t i me
22 f o r t h e he a r i ng i s c o mpl e t e . C o u ns e l , d o yo u ha v e
23 a ny e v i d e nc e yo u w i s h t o pr e s e nt a t t h i s t i me ?
24 MR. F ITZGIBBONS: No, I d o no t .
25 HEARING OFFICER: Any mo t i o ns , o b j e c t i o n s o r
Pa ge 69
1 o t h e r i s s u e s t o ma ke f o r t he r e c o r d ?
2 MR. F ITZG IBBONS: Yes. I ' l l ma ke -- yo u ca n
3 ex c u s e t he o f f i c e r .
4 H EA RING OF F IC ER: o f f i c e r , t ha nk yo u f o r
5 a t t e n d i n g . Tha nk yo u , s i r .
6 OFFICER MCGINNIS: Tha nks.
7 ( O f f i c e r Mc Gi nni s l e a v e s he a r i ng r o o m.)
8 H EA RING OF F IC ER: I ' l l r e c e i v e y o u r mo t i o ns .
9 MR. F ITZGIBBONS: Yes. we s u b mi t t h a t t h e
10 s u s pe ns i o n s ho u l d no t be s u s t a i n e d . The s t a t e ha s
11 no t pr o v e n t h a t -- und er t he s t a t u t e , t h a t
12 Mr . C a mpb el l wa s und er t he i n f l u e n c e o f a n
13 a l c o h o l i c b ev er a g e.
14 i f yo u l i s t e n c l o s e l y t o t he t e s t i mo ny o f t he
15 o f f i c e r , t h e r e wa s a n i l l e g a l l a ne s w i t c h ,
16 a c c o r d i ng t o t he t e s t i mo ny o f Se r g e a nt F er na nd ez .
17 Tha t i s no t a s i g n o f i mpa i r me nt .
Pa ge 60
18 And t he n t he o n l y o t h e r t e s t i mo ny t h a t 's been
19 o f f e r e d by t he o f f i c e r s a r e t he a r e b l o o d s ho t
20 eyes , o d o r o f a n a l c o h o l i c b e v e r a g e . And t ho s e a r e
21 no t , by t he ms e l v e s , s i g ns o f i mpa i r me nt .
22 So a s a r e s u l t , we b e l i e v e t h a t t he s u s pe ns i o n
23 s ho u l d be s e t a s i d e .
24 HEARING OF F ICER: A l l r i g h t . So y o u r mo t i o n
25 i s i t ' s a n i n v a l i d s u s pe ns i o n b a sed upo n l a c k o f
Pa ge 70
1 pr o b a b l e c a use t o me t h a t t he p e t i t i o n e r wa s
2 i mpa i r e d ?
3 MR. F ITZG IBBONS: Yes.
4 HEARING OF F IC ER: Oka y. I ' l l r e s e r v e my
5 r u l i n g o n t h a t mo t i o n. Any o t he r mo t i o ns ?
6 MR. F ITZG IBBONS: No.
7 H EA RING OF F IC ER: A l l r i g h t . I'm g o i ng t o
8 c l o s e t he e v i d e n t i a r y p a r t . I s t h e r e a ny c l o s i n g
9 s t a t e me nt ?
10 MR. F ITZG IBBONS: NO.
11 H EA RING OF F IC ER: A l l r i g h t . Thi s c o nc l u d e s
12 t he f o r ma l r e v i e w f o r Mr . C ha r l e s P h i l i p C a mpb e l l ,
13 J r . , a nd a f i n a l o r d e r w i l l be e nt e r e d i n t h i s c a se
14 a nd t r a n s m i t t e d t o c o u ns e l no l a t e r t ha n sev en
15 w o r k i ng d a ys f r o m t o d a y 's r e v i e w . Tha nk yo u a l l
16 f o r a t t e n d i n g . Tha nk y o u , C o u ns e l .
17 MR. F ITZG IBBONS: Tha nk yo u.
18 ("The f o r ma l r e v i e w he a r i ng wa s a d j o u r ne d a t
19 4:55 p.m.)
20
21
Pa ge 61
22
23
24
25
T
Pa ge 71
1 CERTIF ICATE OF REPORTER
2
3 STATE OF FLORIDA )
4 COUNTY OF HILLSBOROUGH )
5
6 I , F e l i t a j . F a b r i c i u s , CSR(KS), RPR, c e r t i f y t h a t
7 I wa s a u t h o r i z e d t o a nd d i d s t e n o g r a p h i c a l l y r e p o r t t he
8 f o r ma l r e v i e w h e a r i n g ; a nd t h a t t he f o r e g o i n g pa ges,
9 Number ed 1 t hr o u g h 70, a r e a r e c o r d o f my s t e no g r a phi c
10 no t e s t a k e n d u r i n g s a i d f o r ma l r e v i e w h e a r i n g .
1 1 I f u r t h e r c e r t i f y t h a t I am no t a r e l a t i v e ,
12 empl o yee, a t t o r n e y o r c o u ns e l o f a ny o f t he p a r t i e s , no r
13 am I a r e l a t i v e o r empl o yee o f a ny o f t he p a r t i e s '
14 a t t o r n e y s o r c o u ns e l c o nne c t e d w i t h t he a c t i o n , no r am I
15 f i n a n c i a l l y i n t e r e s t e d i n t he a c t i o n .
16
17 Da ted t h i s 22nd d a y o f Ma r c h, 2013.
18
19
20
21 F e l i t a J . F a b r i c i u s , CSR(KS), RPR
No t a r y P u b l i c - s t a t e o f F l o r i d a
22 My Co mmi ssi o n NO. EE 868430
Ex pi r e s : J a nu a r y 29, 2017
23
24
25
Pa ge 62
Page 63
O F F I C E OF T H E STATE ATTORNEY
SI XTH JUDI CI AL CI RCUI T OF FLORI DA
PASCO AND PI NELLAS COUNTI ES
BERNIE MCCABE
State Attorney
August 2, 2013
The Florida Bar
c/o Jodi Thompson, Esquire
4200 George J. Bean Parkway
Suite 2580
AUG 0 8 2013
Re: PUBLIC RECORDS REQUEST -
Investigation Regarding Charles P. Campbell, Jr.
Dear Ms. Thompson:
State Attorney Bernie McCabe, as custodian of the records, has asked
me to respond to your public records request received by our office on
August 1, 2013, for a copy of the documents regarding the above referenced
investigation.
Enclosed are copies of the public records of our file which you
requested. In order to expedite the delivery of this request, the DVD of the
traffic stop, as well as documents that would be so heavily redacted they
would not be identifiable, have not been included with these records. If you
would still like to receive them, please let us know. We rely on the following
exemptions applicable to public records: 119.071(2)(b), 119.071(4)(d)2a,
119.071(5)(a)5, 119.071(5)(b), 119.071(5)(d), 119.0712(2), 322.142,
943.0525, Fla. Stats.
Also enclosed is an invoice for fees for copying as specified in Ch. 119,
Fla. Stats., of fifteen cents per page for single-sided records, thirty cents per
page for colored pictures, and forty three cents per DVD/CD. Please make
your payment payable to the State of Florida for the amount of the invoice.
Sincerely yours,
BERNIE McCABE, State Attorney
Damien Kraebel
Assistant State Attorney
DK/dkt
enc.
Post Office Box 502 8, Clearwater, Florida 3 3 758 Telephone (72 7) 464-6221
BERNIE MCCABE
State Attorney
O F F I C E OF T H E STATE ATTORNEY
SI XTH JUDI CI AL CI RCUI T OF FLORI DA
PASCO AND PI NELLAS COUNTI ES
I NVOI CE
TO:
RE:
DATE:
INVOICE:
The Florida Bar
c/o Jodi Thompson, Esquire
4200 George J. Bean Parkway
Suite 2580
PUBLIC RECORD REQUEST
Investigation Regarding Charles P. Campbell, Jr.
August 2, 2013
13-037
I NVOI CE FOR PUBLI C RECORDS
1069 Pages @
18 Pages @
3 CD's @
Postage:
.15 Per page (single-sided)
.30 Per Page (color copied)
.43 Per CD
TOTAL AMOUNT DUE:
$160.35
$ 5.40
$ 1.29
$ 12.06
$1 79.1 0
Please make your payment payable to the STATE OF FLORI DA
Mail to: Office of the State Attorney
Attn: Fiscal Administration
Post Office Box 50 2 8
Clearwater, Florida 3 3 758
Please return a copy of this invoice with your remittance.
Thank you.
SJT
Post Office Box 502 8, Clearwater, Florida 3 3 758 Telephone (72 7) 464-6221
IN T H E COUNTY C OU R T OF T H E T HI R T E E N T H J UDI CI AL C I R C U I T
IN AND F OR HI L L S B OR OU GH COUNTY, S T AT E OF F L ORI DA
CRI MI NAL T R A F F I C DI VI SI ON
S T A T E OF FLORI DA,
Plaintiff,
vs. Case No.: 006523XEP
C H A R L E S C A MPB E L L ,
Defendant.
. _/
NOT I CE OF APPEARANCE. WA I V E R OF PERS ONAL APPEARANCE.
WAI VE R OF ARRAI GNMENT. AND WR I T T E N PL E A O F NOT G U I L T Y
Pursuant to the provisions of Rule 3.170(a), Florida Rules of Criminal Procedure, the
Defendant, CHARLES CAMPBELL, hereby enters a written plea of NOT GUILTY to the
charges contained in the above-styled cause, asserts his innocence, reserves the right to file
pleadings attacking the sufficiency of the charging instrument after sufficient time has passed to
investigate the case or i f Defendant has elected to participate in discovery, at such time when
discovery is complete and waives personal appearance before the Court for Arraignment.
The Defendant further advises the Court that Eddie Suarez, of the law firm of LAW
OFFICES OF ED SUAREZ, P.A., 1011 West Cleveland Street, Tampa, Florida 33606,
Telephone Number:(813) 229-0040, has been retained to represent him in this cause and requests
that this pleading be considered a Notice of Appearance of his attorney in this cause.
IT IS FURTHER requested that the Clerk of the captioned Court promptly notify the
undersigned attorney of the time and date of any hearings and trial pertaining to the captioned
cause to ensure the prompt appearance ofthe Defendant before this Court.
I HEREBY CERTIFY that a true and correct copy of the foregoing was furnished by U.S.
mail to the Office of the State Attorney, 419 N. Pierce Street, Tampa, FL, 33602, on this ^ -
c
\ ^
r
~
day of January, 2013.
RespectfuUy submitted,
I, ESQ EDDIE SUAREZ, ESQUIRE
LAW OFFICES OF ED SUAREZ, P.A.
1011 West Cleveland Street
Tampa, FL 33606
Telephone: (813) 229-0040
Facsimile: (813) 229-0041
Florida Bar #752540
I N T H E COUNTY COURT O F T H E T H I R T E E N T H J UDI CI AL CI RCUI T
I N AND F OR HI L L S B OROUGH COUNTY, S T A T E OF FLORTDA
S T A T E OF F L OR I D A ,
Plaintiff,
Defendant.
R E QU E S T F OR COPY OF I NFORMATI ON
Pursuant to Rule 3.140(m), Florida Rules of Criminal Procedure, the Defendant through
his undersigned attorney, makes application to the Clerk of Court for a copy of the Information
upon which Defendant is to be arraigned.
mail to the Office ofthe State Attorney, 419 N. Pierce Street, Tampa, FL, 33602, on this t____*~~
Respectfully submitted,
EDDIE SUAREZ, ENQUIRE
LAW OFFICES OF ED SUAREZ, P.A.
Tampa, FL 33606
Telephone: (813) 229-0040
Facsimile: (813) 229-0041
Florida Bar #752540
IN T H E COUNTY COURT O F T H E T H I R T E E N T H J U D I C I A L C I R C U I T
IN AND F OR H I L L S B O R O U G H COUNTY, S T A T E O F F L ORI DA
S T AT E OF F LORI DA,
Plaintiff,
Defendant.
N OT I C E O F WA I V E R O F PR E S E N C E
AT PR E - T R I A L C O N F E R E N C E
COMES NOW the Defendant, CHARLES CAMPBELL, by and through the undersigned
attorney and pursuant to Rules 3.220(p) and 3.180(a) Fla. R. Crim P. and Lynch v. State. 24
FLW D1329 (Fla. 5
t h
DCA 1999) and gives Notice of Waiver of Presence at all Pre-trial
Conferences in the above styled cause.
mail to the Office ofthe State Attorney, 419 N. Pierce Street, Tampa, FL, 33602, on this
Tampa, FL 33606
Telephone: (813) 229-0040
Facsimile: (813)229-0041
Florida Bar #752540
THE NOOTMfOWn INSURANCE COMPANY
1Mi d RfcflmondAM. Su* 300 NouMi. IX 770*3
P.O. 8M W * HnuMDA, TMH ?722-a07 .
<7131M100 (713) fAX
POWER OF ATTORNEY
POWER NO.
POWER AMOUNTS
***T5 -50386988***
*** 5,000***
This Power of Attorneyi l granted pursuant ro Artide V of the By-Laws of THE NORTH RIVER INSURANCE COMPANY as now In full force ud effect. Article V, Execution of Instrument!- Except asthe
Board of Director! may authorize by resolution, the Chairman of the Board, President, any Vice-President, any Assistant Vice-President, the Secretary, or any Assistant Secretary, or any Assistant Secretary shall
have power on behalf of the Corporation: (a) lo execute, affix the corporate seal manually or by facsimile to, acknowledge, verify and deliver any contracts, obligations, instruments and documents whatsoever
in connection with its business, including,_ without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, sttrAilattons, policies
of insurance, deeds, leases, mortgages, releases, satisfactions and agency agreements: (b) to appoint, in writing, one or more persons for any or all of the purposes mentioned in the preceding paragraph (a),
including affixing the aca] of the Corporation Authority of such Attorney-in-Fact is limited to appearance bonds and cannot be construed to guarantee olefendanti future lawful conduct, adherence fo travel
limitation, fines, restitution, payments or-penalties, or any other condition imposed by a court not specifically related to court appearance.
This Power of Attorney it for use with Bail Bonds only. Not valid i f used in connection with Federal Bond* or Immigration Bonds. This power void if altered
or erased, void i f used with other powers of this Company or in combination with powers from any other surety company, void if used to furnish bail in
excess of the stated face amount of this power, and can only be used once.
The obligation of the Compsuiy shall not exceed the sum of
and provided this Power of Attorney is filed with the bond and retained as a part of the court records. The said Attorney-in-Fact is hereby authorized to
insert in this Power of Attorney the name of the person on whose behalf this bond was given.
*rlVE THOUSAND DOLLARS*"
I N WITNESS WHEREOF, THE NORTH RIVER INSURANCE COMPANY has causedjthese presents to be signed by its duly authorized officer,
proper for the purpose and its corporate seal to be hereunto affixed this ^~ V of.
,_ .
r
,
Bond Amount $
5 0 0 K
YEAR
Defendant
Charges _
Court
c o _
Case No
State
I f rewrite, original No-
Executing agent
By.
Robert Crawford f
VOID IF NOT ISSUED BY:
06/01/2013
NAME
FOR STATE USE ONLY
NOT VAUD IF USED IN FEDERAL COURT
APPEARANCE BOND SEND AL L COURT NOTICES TO:
power # - r r s o s g u q f r ?
ARREST #_
STATE OF FLORIDA
vs
Court Room
Time
F OR F URTHER ACTION ON THIS BOND CONTACT
c o
IN THE
.Court
County
STATE OF F L ORIDA
KNOW AL L MEN BY THESE PRESENTS: That we, the above-captioned defendant, as principals, and The North River Insurance
Company, a New Jersey Corporation, as surety, are held and firmly bound unto the Governor of the State of Florida, and his/her
successors in office, the said principal, in the sum of $ U O and the said
surety, for a like amount, for the payment whereof well and truly to be made we bind ourselves, our heirs, executors,
administrators and assigns firmly by these presents.
^ H dav of " " O f l ^
Signed and sealed this
The condition of this obligation is such that if the said principal shall appear on_
at the next^Reoular or Special term of the above court and shall submit to the said court to answerâ charge of.
to orders and process of said Court and not depart the same without leave
force and virtue. r\ \ , . \ s
\!!EN BEFQBE ME AND^PPROVEri)HîSE| ^^TTTT-^ / C -
and shall submit
to be void, else to remain in full
(L.S.)
(L.S.)
THE MOBTrTRIVER INSURANCE COMPANY
10350 Richmond Ave., Suite 300 77042
P.O. Box 2807 Houston, Texas 77252-2807
(713) 954-8100 (713) 954-8389 FAX
( A T T O R N E Y - I N - F A C T S U R E T Y )
SEND TO:
THE NORTH RIVER INSURANCE COMPANY
10350 Richmond Ave., Suite 300 77042
P.O. Box 2807 Houston, Texas 77252-2807
(713) 954-8100 (713) 954-8389 FAX
CERTIFICATE OF DISCHARGE OF BOND
Case Number Amount
<J0
Power No.
Defendant
Thislis to-certify tfia<orror. aboi3t4he ^ M
I examined the records of
; court
day of ^ '
and found that the bond with corresponding
number has been discharged of record by reason of the following disposition.
Date of Discharge
day of
Person rendering decision
, Witness my hand and official seal this
Title
S-008ONR (08/10) page 1 ol 2
SURRENDER
THE UNDERSIGNED SURETY on the bono of
wishes to surrender said defendant and come off bond and hereby authorizes.
as licensed bail bond agent of said Surety or any L aw Enforcement Officer having jurisdiction to take the sai d.
into custody and deliver and surrender him/her or cause him/her to be surrendered into the custody of the Sheriff of County,
Florida. This instrument is certified to be a true and correct copy of the original bond now of record
in said case.
THE NORTH RIVER INSURANCE COMPANY by (Attorney-in-Fact)
STATEMENT
t, , am a duly licensed bail bond agent pursuant to Chapter 648, Florida Statutes, and have
registered for the current year with the office of the Sheriff and Clerk of the Circuit Court of the aforesaid county, and have filed a certified copy of my
appointment by Power of Attorney for the Surety with the office of the Sheriff and Clerk of the Circuit Court of the aforementioned County. And that
Principal
Address.
has given (or promised to give) the sum of ($ ) Dollars as
consideration tor Bail Bond Number filed with the Clerk of the Court
located in , Florida, together with the promise (or receipt) of security belonging to:
Name(s):
Address:
as follows: (Provide detailed description and source of security) O Indemnity Agreement O Promissory Note O Mortgage Deed CD Car Title
That a duly signed receipt has been given to the said (Principal)
for the consideration given and/or that the said (name) has (also) been given a receipt for the
security described above.
(Bond Agent)
(Agency)
(Address) ;
S-0080NR (06710) Page 2 ot 2
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I N THE COUNTY COURT OF THE THIRTEENTH JUDI CI AL CIRCUIT
OF THE STATE OF FLORIDA I N AND FOR HILLSBOROUGH COUNTY
Case No. CT-006523-XEP
STATE OF FLORIDA
vs. DUI
CHARLES P. CAMPBELL, JR.
N O L L E P R O S E Q U I
TO THE CLERK OF THE ABOVE-STYLED COURT:
You w i l l pl ease ent er a Nol l e Pr osequi as t o CHARLES P.
CAMPBELL, JR. , i n t he a bove - e nt i t l e d case f o r t he reason t hat t he
ci r cumst ances s ur r oundi ng t he event s of t h i s i nc i de nt w i l l not
suppor t pr os ecut i on.
Dated :
7/ , / .
n
By
BERNIE McCABE
Spe c i a l l y Assi gned St at e At t or ne y
f o r t he Thi r t e e nt h J u d i c i a l C i r c u i t
of t he St at e of Fl or i da , Pr cs ecut i no
f o r s ai d St at e pur suant t o
Execut i ve Order No. 13-29.
P.O. Box 5028, Cl ear wat er , FL 33758
Fl or i da Bar # 03254911.
BL/ cl ee V ^ O r t g t e ^ ^ S
^raffle
Clerk of the Circuit Court
Hillsborough County- Traffic
P. O. Box 3360
Tampa, F L 33601
WIL L IAM A. L OUGHER,
ASSI STANT STATE ATTORNEY
PO BOX 5028
CL EARWATER F L 33758
DATE:
CITATION NO
CASE NO:
SET FOR
07/02/2013
006523XEP
C1314019796
DISPO
RE: CHARLES PHILIP CAMPBELL JR
Charge: 316193(1)-DUI
In regard to the above traffic citation, the court date has been set on:
JULY 31, 2013 AT 08:30AM.
Court Location is:
NORTH ANNEX DIVISION D, COURT ROOM 23, 401 N JEFFERSON ST - ENTER THROUGH
COURTHOUSE ON 800 E TWIGGS ST,
TAMPA, FL 33602
If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you
are entitled, at no cost to you, to the provision of certain assistance. Please contact the A.D.A Coordinator.
Hillsborough County Courthouse 800 E Twiggs Street, Room 604, Tampa, F L 33602. (813) 272-7040 at least 7 days
before your scheduled court appearance, or immediately upon receiving this notification if the time before the
schedul ed appearance is l es s than 7 days; if you are hearing or voice impaired, call 711.
Pat Frank,
Hillsborough County, Florida
PAT FRANK I
5 g
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, \ \ \ / CO 3 -
/ Clerk of the Circuit Court
a
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Hillsborough County- Traffic ^ m
\ P.O. Box 3360 "<
Tampa, F L 33601
WILLIAM A. L OUGHER,
ASSISTANT STATE ATTORNEY
PO BOX 5028
DATE: 05/29/2013
CITATION NO: 006523XEP
CASE NO: C1314019796
SET FOR: DISPO
JUNE 26, 2013 AT 08:30AM.
Court Location is:
TAMPA, FL 33602
Pat Frank,
are entitled, at no cost to you, to the provision of certain assi stance. Please contact the A.D.A Coordinator.
scheduled appearance is l ess than 7 days; if you are hearing or voice impaired, call 711.
31
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L A W O F F I C E S OF
NORMAN C A N N E L L A , J R.
A T T O R N E Y A T L A W
4037 Henderson Boulevard
Telephone: (813) 282-9545
Facsimile: (813)282-8595
May 24, 2013
- - Bi n Lougher, Esquire
Q42504^ t r eet Nor t h
Clearwater, Florida 33762
Re: Melissa Personius
Dear Mr. Lougher:
Enclosed please find the affidavit of Joshua Lee Moore, the valet driver at Malio' s Prime
Steakhouse.
Should you need anything further, please contact our office immediately.
Thank you.
Sincerely,
leima (Suly) Tjavarez
Norman Cannella. Jr.
OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
CIVIL ACTION
;
TODD SCHNITT and
MICHELLE SCHNITT,
Plaintifis.
v. CASENO.:08-05738j
COX RADIO, INC., BUBBA RADIO
Defendants.
/
AFFIDAVIT OF JOSHUA LEE MOORE
State of Florida )
)
County of Hillsborough )
1. My name is Joshua Lee Moore. This affidavit is based oq my personal
knowledge. I am giving this affidavit of my own free will and accord.
2. I am a Valet Driver for 717 Parking and am assigned to Malios Prune Steakhouse
j
in downtown Tampa, 400 N Ashley Drive, Tampa, FL 33602.
3. I have been employed as the valet at Malios since December 31, 2012. My work
i
schedule is Monday through Saturday, 5pm to 1 lpm.
4. On January 23,2013,1 worked a shift at Malios from 5pm to 11pm.;
5. After dark that evening, at approximately 7pm, a dark haired woman,
approximately 5 foot tall and 30 years old, pulled up in a grey Nissan Alu'ma. t handed her a
valet ticket and parked her vehicle. I remember parking the vehicle because the dojor handle was
broken. I had never met or seen her before.
6. At approximately 10 pm later in the. evening, an older gentleman whom I had
j
never met or seen before, approached my podium with a valet ticket for the Altimfe and asked me
if the vehicle could.be left overnight.
?. t tol4Mmtlattteverude could.be left m Malios parid^ lot overnight
8., Then, the dark haired woman came out and the- gentleman told her jhat it -was finis
to leave the vehicle at Malios overnight :
9. She responded by saying that she cannot leave the vehicle ovexnigirt because she
needed to have access to it later.
10. As these two individuals continued their discussion I decided to .move the vehicle
up front Whether they'were taking the vehicle or leaving it overnight, I would have had to move
it i
11. nefltheTceysmtheigmtionandtheeagmemirung. '
12. They continued their conversation during which she insisted they move the
vehicle nd he repeatedly assured her it would be fine to leave the vehicle at Maliog overnight.
13. In the interim, other customers came up andI retrieved their vehicles.
14. At some point during their conversation, he said that she was not- abtp-.to drive.
15. She. appeared to be intoxicated.
16. He did-not appear intoxicated.
1
17. Eventually, she .prevailed upon him to take the vehicle. He opeped the front
passenger side door for her end she sat inside the vehicle. After closing her door, he put a black
case either in the back seat or in the trunk. j
18. He then got into the driver's seat and drove away,
2
19. Hadl suspected that he had too much to drink, I would sot have permitted him to
get behind the wheel.
FURTHERAFFIANT SAYETHNOT.
State of Flonda
County, of Hillsborough
his The -foregoing insfnirnent was acknowledged, before me this -T~dav Jamiaiy, 2013, by
Joshua Lee Moore, who is personally known to' me or who produced DRIVER'S
LICENSE as identification, who did. take an oath, and who swears that the
foregoing-statement is true to the best of his knowledge.
IfflJSSAKmCZftKE.
CamWwf ^ 18223*
N O T A R Y P I J B I 4 C O k
Name: rWSSLA- t U l f J J f ? \ _ l
My QomrnissionExpircs: "Z-l S j I j j
[notary seal]
AFFIDAVIT OF JOSH MOORE
STATE OF FLORIDA
Before me, the undersigned authority, personally appeared Josh Moore, who upon being
duly sworn, deposes and says:
1. My name is Josh Moore. 1 am over the age of 18 and I have personal first-hand
knowledge of the facts contained herein.
2. On the evening of Wednesday, January 23, 2013, 1 worked the valet stand for Malio's
Restaurant
3. I recall parking a Nissan Altima on the above date.
4. A few hows later, I remember a male and female come out to retrieve the car.
5. The male subject, whom I later learned was Phil Campbell, handed me the valet stub.
6. I then brought the Nissan Altima up to the valet stand.
7. A few minutes later I observed the male subject escort the female jto the passenger side
door and then proceed to get in to the vehicle and drive away.
Sworn to subscribed before me hv Tosh Moore, who is personally known to me or who has
produced Q\-X as identification on this day of February, 2013.
Print Name
I
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CIVIL DIVISION
TODD SCHNrTT and MICHELLE SCHNITT,
Plaintiffs,
vs. CASE NO.: 08-05738
DIVISION:
NETWORK, INC., BUBBA CLEM,
Defendants.
I
AFFIDAVIT OF JOSHUA LEE MOORE |
STATE OF FLORIDA
BEFORE ME, the undersigned authority, personally appeared, JOSHUA LEE MOORE,
who after being duly sworn, deposes and says as follows:
1. My name is Joshua Lee Moore, I am over 18 years of age, and I currently reside in
Hillsborough County, Florida.
2. I have personal knowledge of the facts and circumstances discussed herein.
3. On January 29, 2013,1 was asked to sign an affidavit thkt I did not personally
prepare.
4. I signed that affidavit and it was notarized by Melissa Kulczycke.
5. Since that time, I have had the opportunity to review that affidavit and have
i
discovered that there are inaccuracies and items that need clarification in the
January 29,2013 affidavit.
6. The first inaccuracy is in paragraph 12.1 did not witness the female insisting that
they move the vehicle; she was just repeating that she needed to have access to the
vehicle.
7. The second inaccuracy is in paragraph 17.1 have come to learn that "prevail upon"
means to insist someone to do something. At no point in;time did I witness the
female prevail upon tlie male to take the vehicle.
FURTHER AFFIANT SAYETH NOT.
Sworn to and subscribed before me by Joshua Lee Moore, who is personally known to me
or who has produced Driver's License as identification on this 12*
day of February, 2013.
Notary Public *
hftornh ft. fWrw/s
Print Name
My commission expires:
aryv otsoiiAii A. HUSMUS >
Notary PoUlc-Sliti si FlorM* ,
J.C j My Comm. Ei l i u May 10.2017
V & M f f l Comralil9fl# EE 666157
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C R I M I N A L L A W
O F C O U N S E L
B . K A Y K L E I N
T H E L AW O F F I C E S OF
J O H N M. F I T Z G I B B O N S
T A M P A T H E A T R E B U I L D I N G
S U I T E 7 0 0
7 0 7 N O R T H F R A N K L I N S T R E E T
T A M P A . F L O R I D A 3 3 8 0 2 - 4 4 4 1
( 8 1 3 ) 2 2 I - 8 S O O
E - M A I L : fitzgibbons.law@verizon.net
F e b r u a r y 28, 2 013
S A R A S O T A O F F I C E
2 7 S O R I N G L I N G B O U L E V A R D
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P l e a s e f i n d e n c l o s e d a c o p y o f t h e " W r i t t e n P l e a o f Not G u i l t y
an d W a i ve r o f A p p e a r a n c e a t A r r a i g n me n t " w h i c h I f i l e d y e s t e r d a y i n
Mr. C a mp b e l l ' s c a s e .
i n c e r e l y y o u r s ,
M. F i t z g i b b o n s
* B O A R S C E R T I F I E D C R I M I N A L T R I A L L A W Y E R , F L O R I D A B A R B O A R D O F C E R T I F I C A T I O N
A N D
B O A R D C E R T I F I E D C H I M I N A L T R I A L A D V O C A T E , N A T I O N A L B O A R D O F T R I A L A D V O C A C Y
IN THE COUNTY COURT OF THE THIRTEENTH J UD IC IA L C IR C UIT
IN AND FOR HILLS B OROUG H COUNTY, S TATE OF FLORIDA
C RIMINAL TR A F F IC D IV IS ION
S TA TE OF F LOR ID A
v.
C HARLES P HIL IP C AMP B ELL, J R .
C ITA TION NO.: 6523- XEP 2
WRITTEN P LEA OF NOT G UILTY AND
WAIVER OF AP P EARANC E AT ARRAIG NMENT
COMES NOW t h e D e f e n d a n t C h a r l e s P h i l i p C a mp b e l l , J r ., by an d
t h r o u g h t h e u n d e r s i g n e d a t t o r n e y , an d p u r s u a n t t o t h e p r o vi s i o n s o f
R u l e 3 .1 60 ( a ) o f t h e F l o r i d a R u l e s o f C r i m i n a l P r o c e d u r e , h e r e b y
e n t e r s a p l e a o f n o t g u i l t y t o t h e c h a r g e a n d r e q u e s t s t h e C o u r t t o
s c h e d u l e a d i s p o s i t i o n o r o t h e r h e a r i n g i n t h e c a s e . On t h e b a s i s
o f t h e f i l i n g o f t h i s W r i t t e n P l e a o f No t G u i l t y , n e i t h e r Mr.
C a mp b e l l n o r t h e u n d e r s i g n e d w i l l be p r e s e n t a t t h e A r r a i g n me n t
w h i c h i s s c h e d u l e d f o r Mar c h 12, 2 013 a t j .: 3 0 p.m.
JOHN/M. F ITZG IB B ONS
:i d a B a r No. 60104 7
A t t o r n e y f o r t h e D e f e n d a n t
Th e Law Of f i c e s o f J o h n M. F i t z g i b b o n s
Tamp a Th e a t r e B u i l d i n g
707 No r t h F r a n k l i n S t r e e t , S u i t e 700
Tamp a, F l o r i d a 3360 2
Te l e p h o n e No. ( 81 3) 221 - 880 0
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CONTACT INFORMATION:
Denise DiPietro
813-598-3007
I interviewed Denise DiPietro, the barmaid who served Phil at Malio's, today at 10 a.m.
while she was in the courthouse.
She completely corroborates Phil's version of what took place at the bar.
She said Phil and Jonathan Ellis came into Malio's about 6:00 or 6:30 p.m. They took
their seats at about the middle ofthe bar. There was another woman sitting at the end of
the bar to the right of them several stools away.
She said Phil and Jonathan ordered a couple of drinks and had dinner. (She gave me
receipts from that night and I gave them to Lori Nelson.)
Denise said shortly after happy hour ended, possibly 7:15 or 7:30 p.m., two young
women, both brunettes, came and sat to the left of Phil. (We now know that Melissa
Personius sat next to Phil and Vanessa Fykes, sat to her left.) Denise said eventually
Jonathan moved several stools down the bar to the right to speak to a friend.
"The girl (Personius) bought several rounds of drinks for Phil. (We believe them to be
some sort of shots). 1 remember Phil saying, ' I' ve never had a girl buy me drinks
before.'"
Denise said that Personius was "extremely flirtatious with Phil." I asked her to describe
how Personius was flirtatious. "You know, she was turned toward to him, really leaning
close into him. Talking with her face very close to his. Look women can tell when a
woman is being flirtatious. Even the manager (Dina Kuchkuda) mentioned it to me."
Because the bar became so busy, Denise said that she really didn't hear what Personius or
Phil were talking about. "I t was really busy and I didn't pay much attention."
Denise said it was out of character for Phil. "Normally, when he comes in, he sits by
himself, stays to himself, and really doesn't talk to anyone."
C O N T A C T I N F O R M A T I O N :
Dina Kuchkuda
813-833-0247
I interviewed Dina Kuchkuda, the manager of Malio's, today at 10:45 a.m. while she
was in the courthouse. Since she is the manager of both the bar and restaurant, she
doesn't know as much as the barmaid, Denise DiPietro.
She saw Phil and Jonathan Ellis sitting at the bar. She knows they had at least one drink
and dinner. She spoke to them as she does to every customer. She remembers seeing two
women eventually sit to the left of Phil.
Dina also described the woman sitting next to Phil as "very flirty. She was flirting really
bad. You could tell by her body language. You could see her leaning in and getting very
close to Phil."
Dina also described Phil as being out of character. "It took me a month before I got him
to open up. I think he is pretty shy." She confirmed that when Phil comes in, he is usually
by himself and doesn't speak to anyone.
C O N T A C T I N F O R M A T I O N :
Josh Moore
7379 Danbury Way
Clearwater, F L 33764
813-965-8832
I interviewed Josh Moore today at 1 p.m. Josh was the valet at Malio's the night of Phil's
DUI arrest.
He said what he heard was "limited." Josh said when Phil and Melissa came to the valet
station; Melissa sat on the first step that leads up to the grassy area. He said Phil came
and got the keys and was waiting for her to get in and leave.
"The girl said she couldn't drive and she refused to leave her car there. She said she had
to have access to her car." Josh said she implied she was too impaired to drive.
"The girl kept calling over to him to come sit down next to her but it was pretty clear he
wanted to leave. I could tell he didn't want to drive either," Josh said.
Josh said Phil finally gave up and they got into the car with Phil driving. He said this is
all that he saw or was able to overhear.
/
P. O. Box 3360
Tampa, F L 33601
! -
C
BRUCE L. BARTL ETT,
PO BOX 5028
o
DATE:
CITATION NO:
CASE NO:
SET FOR:
3/14/2013
006523XEP
C1314019796
DISPO
RE. CHARLES PHILIP CAMPBELL JR
Charge: 316193(1) - DUI
In regard to the above traffic citation, your client's court date has been set on.
APRIL 10, 2013 AT 08:30AM.
Court Location is.
TAMPA, FL 33602
Be advised, that should the judgment of the court result in the payment of fines or costs, this office does not accept
company checks. Fines and costs must be paid by cash, money order, cashier's check or bank draft.
*** This notice is only in reference to the citation noted above. If your client has any other citations you will need to contact
Clerk ofthe Circuit Court, Traffic Division. ***
are entitled, at no cost to you, to the provision of certain assistance. Please contact the A.D.A Coordinator.
Pat Frank,
03i8OS3tf
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P. O. Box 3360
Tampa, F L 33601
WILLIAM L OUGHERY ,
PO BOX 5028
sr
DATE:
CITATION NO:
CASE NO:
SET FOR:
04/15/2013
006523XEP
C1314019796
DISPO
MAY 29. 2013 AT 08:30AM
Court Location is:
TAMPA, FL 33602
Pat Frank,
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PAT FRANK
BRUCE BARTL ETT,
PO BOX 5028
/
P. O. Box 3360
Tampa, F L 33601
DATE:
CITATION NO:
CASE NO:
SET FOR:
04/15/2013
006523XEP
C1314019796
DISPO
Charge: 316193(1) - DUI
In regard to the above traffic citation, the court date has been set on.
MAY 29, 2013 AT 08:30AM.
Court Location is:
TAMPA, FL 33602
Pat Frank,
e
DECEI VED
o E ATTORNEY
( 1 3 )
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J O H N M. F XT XO XB B O N S *
C B 1M1N A L L A W
O F C O U N S E L
B . K A Y X L B I K
CRIMINAL LAW
T H E LAW O F F I C E S OF
J O H N M . F I T Z G I B B O N S
S U I T E 7 0 0
T A M P A . F L O R I D A 3 3 B O S - 4 4 4 1
( 81Q) 2 2 I - 8 B OO
E - M A I L : fitzgibbons.iawOveri20n.net
F e b r u a r y 26, 2013
S 7 S O H I N O U N G B O U L E V A R D
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SARASOTA FLORIDA 342Q7
(4l) 9R0 B0O7
B r u c e L. B a r t l e t t , Es q u i r e
C h i e f A s s i s t a n t S t a t e At t o r n ey-
S t a t e A t t o r n e y ' s Of f i c e
S i x t h J u d i c i a l C i r c u i t o f F l o r i d a
P o s t Of f i c e B ox 5028 VIA TELEF AC S IMILE
C l e a r w a t e r , F l o r i d a 33758- 5028 (727) 453-7196
Re: S t a t e v. C h a r l e s P h i l i p C amp b e l l . J r .
C i t a t i o n No.: 6523- XEP 2
Hi l l s b o r o u g h C o u n t y C o u r t
Th i r t e e n t h J u d i c i a l C i r c u i t
D e ar Mr. B a r t l e t t :
P l e a s e be a d vi s e d t h a t I r e p r e s e n t t h e De f e n d an t C h a r l e s
P h i l i p C amp b e l l , J r . i n t h e p e n d i n g c a s e i n t h e C o u n t y C o u r t o f t h e
Th i r t e e n t h J u d i c i a l C i r c u i t , Hi l l s b o r o u g h C o u n t y, C i t a t i o n No.
6523- XEP 2. Th e c i t a t i o n c h a r g e s Mr. C amp b e l l w i t h d r i vi n g u n d er
t h e i n f l u e n c e . On F e b r u a r y 8, 2013, by Ex e c u t i ve Or d e r Number 13-
29, G o ve r n o r S c o t t a p p o i n t e d S t a t e A t t o r n e y B e r n i e McCabe an d y o u r
o f f i c e t o h a n d l e t h i s c a s e i n p l a c e o f t h e S t a t e A t t o r n e y f o r t h e
Th i r t e e n t h J u d i c i a l C i r c u i t o f F l o r i d a an d h i s o f f i c e .
Th i s i s t o a d vi s e yo u t h a t Mr. C amp b e l l ' s F o r mal Revi ew
He a r i n g w i l l be h e l d t omorrow, F e b r u a r y 27, 2013 a t 3:30 p.m. a t
t h e De p ar t me n t o f Hi g h way S a f e t y an d Mot or V e h i c l e s , B u r e au of
A d mi n i s t r a t i ve R e vi e w s , 2814 Ea s t Hi l l s b o r o u g h Aven u e, Tampa,
F l o r i d a 33610.
Th i s w i l l f u r t h e r a d vi s e yo u t h a t I h ave r e q u e s t e d an d
r e c e i ve d s u b p o e n as r e q u i r i n g t h e p r e s e n c e o f t wo w i t n e s s e s a t t h e
* B O A R D C E R T I F I E D C R I M I N A L T R I A L L A W T XX. F L O R I D A B A B B O A R J O or C E R T I F I C A T I O N
A I T D
B O A R D C E R T I F I E D G KI XXXA L T R I A L A D V O C A T E , N A T I O N A L B O A R D O F T R I A L A D V O C A C Y
B r u ce L. B a r t l e t t , Es q u i r e
F e b r u ar y 26, 2013
P age Two
F o r mal Re vi e w He a r i n g . Th e two w i t n e s s e s a r e S e r g e a n t Raymon d
F e r n an d e z an d Of f i c e r Ti mo t h y S. Mc G i n n i s o f t h e Tamp a P o l i c e
De p ar t me n t . Yo u w i l l f i n d e n c l o s e d a co p y o f t h e s u bp o en a t o
S e r g e an t F e r n an d e z as w e l l a s a co p y o f t h e s u b p o e n a t o Of f i c e r
McG i n n i s . B o t h w i t n e s s e s h ave been p e r s o n a l l y s e r ve d .
I am a l s o e n c l o s i n g a co p y o f t h e No t i c e o f F o r mal Revi ew
He a r i n g /P r e h e a r i n g Or d e r d a t e d F e b r u a r y 6, 2013 a s w e l l a s Mr.
C amp b e l l 's D r i ve r ' s P r e h e a r i n g S t at e me n t .
I h ave s p o k e n w i t h y o u r a s s i s t a n t C i n d y an d s h e h as p r o vi d e d
me w i t h y o u r t e l e f a c s i m i l e n umber s e t f o r t h ab o ve a s w e l l a s h e r
e ma i l a d d r e s s t o e n s u r e d e l i ve r y t o d ay .
Th an k y o u f o r y o u r a t t e n t i o n t o t h i s ma t t e r .
c c : C i n d y
cl eeco.p i n el l as.f1.us
T H E L A W O F F I C E S O F J O H N M . F I T Z G I B B O N S
SUB P OENA/SUB P OENA DUCES TECUM
S TATE OF FLORIDA
DEP ARTMENT OF HIG HWAY'SAFETY AND MOTOR VEHIC LES
D IV IS ION OF DRIVER LIC ENS ES
C AS E NO.: 6523- XEP - 2
C 514155480580
In Re : C h a r l e s P . C amp b e l l , J r .
D r i ve r L i c e n s e No.:
TO: S g t . Raymon d F e r n a n d e z , #42363
Tamp a P o l i c e D e p ar t me n t
411 No r t h F r a n k l i n S t r e e t
Tamp a, F l o r i d a 33602
YOU ARE COMMANDED t o a p p e a r b e f o r e He a r i n g Of f i c e r C h r i s t o p h e r W r i g h t on
t h e f o l l o w i n g d a t e , t i me an d p l a c e :
DATE: F e b r u a r y 27, 2013
TIME: 3:30 p.m.
P LAC E: B u r e a u o f D r i ve r Imp r o ve me n t
2 814 Ea s t Hi l l s b o r o u g h Aven u e
A l l r e c o r d s an d d o cu me n t s r e l a t i n g i n an y way t o t h e
i n ve s t i g a t i o n an d /o r a r r e s t o f C h a r l e s P h i l i p C amp b e l l , J r .
f o r DUI o n J a n u a r y 23, 2013 i n c l u d i n g , b u t n o t l i m i t e d t o , t h e
DUI R e p o r t an d a l l r e p o r t s an d w r i t i n g s i n c l u d i n g s u p p l e me n t s .
YOU ARE SUB P OENAED t o t e s t i f y i n t h i s c a s e now p e n d i n g b e f o r e t h e
D e p a r t me n t o f Hi g h way S a f e t y an d Mo t o r V e h i c l e s . On l y t h e h e a r i n g o f f i c e r can
r e l e a s e y o u f r o m t h i s s u b p o e n a. *
an d b r i n g w i t h y o u t h e f o l l o w i n g :
In q u i r i e s r e g a r d i n g y o u r o b l i g a t i o n s o f t n a
B u r e a u o f D r i ve r Imp r o ve me n t , 2814 Ea s t Hi l l s b i
33610.
W I T N E S S my h an d an d s e a l o f t h e D e p ar t me n t t h i s ^
S u b p o e n a r e q u e s t e d b y : J o h n M. F i t z g i b b o n s , Es q u i r e
707 No r t h F r a n k l i n s t r e e t , S u i t e 700
(813) 221- 8800
SUB P OENA/SUB P OENA DUCES TECUM
S TATE OF FLORIDA
DEP ARTMENT OF HIGHWAY S AF ETY AND MOTOR VEHIC LES
D IV IS ION OF DRIVER LIC ENS ES
CASE NO. 6523- XEP - 2
C S 14155480580
In R e : C h a r l e s P. C a mp b e l l , J r .
D r i ve r L i c e n s e No.
TO: Of f i c e r Ti mo t h y S . Mc G i n n i s , #42418
Tamp a P o l i c e D e p ar t me n t
411 No r t h F r a n k l i n S t r e e t
YOU ARE COMMANDED t o a p p e a r b e f o r e He a r i n g Of f i c e r C h r i s t o p h e r W r i g h t on
t h e f o l l o w i n g d a t e , t i me an d p l a c e :
DATE: F e b r u a r y 27, 2013
TIME: 3:30 p.m.
P LAC E: B u r e a u o f D r i ve r Imp r o ve me n t
2814 Ea s t Hi l l s b o r o u g h Ave n u e
an d b r i n g w i t h y o u t h e f o l l o w i n g :
A l l r e c o r d s an d d o c u me n t s r e l a t i n g i n an y way t o t h e
i n ve s t i g a t i o n an d /o r a r r e s t o f C h a r l e s P h i l i p C a mp b e l l , J r .
f o r DUI o n J a n u a r y 23, 2013 i n c l u d i n g , b u t n o t l i m i t e d t o , t h e
DUI R e p o r t an d a l l r e p o r t s an d w r i t i n g s i n c l u d i n g s u p p l e me n t s .
YOU ARE SUB P OENAED t o t e s t i f y i n t h i s c a s e n ow p e n d i n g b e f o r e t h e
D e p ar t me n t o f Hi g h way S a f e t y an d Mo t o r V e h i c l e s . On l y t h e h e a r i n g o f f i c e r can
r e l e a s e y o u f r o m t h i s s u b p o e n a.
lis WITNES S my h an d an d s e a l o f t h e D e p ar t me n t t h i s '
DEPAR'
AND MO'
B y: _
T MJ ^ W
a r u a r y , 2013.
In q u i r i e s r e g a r d i n g y o u r o b l i g a t i o n s o f t h i s s u b p d ^
B u r e a u o f D r i ve r Imp r o ve me n t , 2814 Ea s t Hi l l s b o r o u g h A
33610.
t e d t o :
F l o r i d a
S u b p o e n a r e q u e s t e d b y : J o h n M. F i t z g i b b o n s , Es q u i r e
Th e Law Of f i c e s o f J o h n M. F i t 2 g i b b o n s
(813) 221 - 880 0
S T A T E O F F L O R I D A
D E PA R T M E N T O F H I G H WA Y S A F E T Y AND M O T O R V E H I C L E S
B U R E A U O F A D MI N I S T R A T I V E R E V I E W S
2814 East Hillsboroug h Avenue, Tampa, F L 33610-4479,813-276-5795
NOT I CE O F F ORMAL R E V I E W HEARI NG / PREHEARI NG O R D E R
February 6,2013
Charles P. Campbell, Jr. C514155480580
c/o Ed Suarez, Esquire
1011West Cleveland Street
Your formal review hearing, pursuant to section 322.2615 and/or section 322.64, Florida Statutes and chapter 15A-6,
Florida Administrative Code, for refusal to submit to a breath, blood or urine test, has been scheduled at the Bureau of
Administrative Reviews office, at 2814 East Hillsborough Avenue. Tampa. F L 33610-4479. 813-276-5795. on
February 27,2013, at 3:30 PM.
I f you fail to appear at the hearing, you waive your right to a formal review, unless just cause is shown in writing within
two days ofthe hearing.
We have enclosed a Driver's Prehearing Statement which must be completed and returned to the above address within
10 days ofthe date of this notice, along with typed subpoena(s) if requested, for DHSMV seal and DHSMV employee
signature, and a stamped self-addressed envelope. The Prehearing Statement should state with specificity those disputed
issues of law and fact and summarize the anticipated testimony of all witnesses.
If you do not speak English, please bring an English speaking interpreter with you.
The hearing officer will determine by a preponderance of the evidence presented whether sufficient cause exists to
sustain, amend or invalidate the suspension or disqualification.
Christopher Wright, Hearing Officer
Bureau of Administrative Reviews
Pursuant to the provisions ofthe Americans with Disabilities Act, any person requiring special accommodations to
participate in this proceeding, please contact the Hearing Officer at the address and telephone number above at least
seven days before the scheduled hearing.
HSMV 78059 REV (02/12)
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES
BUREAU OF ADMINISTRATIVE REVIEWS
2814 East Hillsborough Avenue, Tampa, FL 33610-4479,813-276-5795
DRIVER'S PREHEARING STATEMENT
TO BE RETURNED TO THE ABOVE ADDRESS WI THI N TEN flO) DAYS OF THIS DATE: February 6,2013
PETITIONER NAME: DL NUMBER: CITATION NUMBER:
Charles P. Campbell, Jr. 6523XEP
HEARING DATE: TI ME:
February 27, 2013 3:30 PM
LOCATI ON:
2814 East Hillsborough Avenue, Tampa, FL 33610-4479, 813-276-5795
1. Telephone number where you can be reached 8 a.m. - 5 p.m., Monday thru Friday: (813) 221-88 0 0
2. Will you be represented by legal counsel? EYes DNo
3. If yes, give attorney's name, address and telephone number.
John M. Fi t zgi bbons , The Law Of f i c e s of John M. Fi t zgi bbons
707 Nor t h Fr a nkl i n St r eet , Sui t e 700
Tampa, Fl or i da 33602 (813) 221-8800
NOTE: Please be advised tM below must be completed or this statement will be returned, which may result in
denial of request for subpoena (See Rule 15A-6.011(2) F.A.C. Pursuant to 1SA-6.012(1), subpoenas shall be
limited to officers and witnesses identified in documents submitted pursuant to section 322.2615(2), Florida
Statutes.
4. Attach subpoena(s) for DHSMV seal and employee signature (please enclose a stamped self-addressed
envelope) and list below the names and addresses of all witnesses you are asking to appear at the hearing (attach
WITNESS NAME ADDRESS
L I S T T HE DOCUMENT IDENTIFYING
WI TNESS
IS A SUBPOENA
BEI NG REQUESTED
FOR ISSUANCE?
*
O f f i c e r T i mot hy S . M c G i n n i s , #42418, T ampa P o l i c e D e pt . D U I / C i t a t i o n / 1 e s
D U I Report/ CRA
* S g t . R aymond F e r n a n d e z , #42363 , T ampa P o l i c e D e pt . D U I R e p o r t 1
r
e s
5. Please list the issues of law and fact and the anticipated testimony of each witness (attach additional page if
necessary).
Whether t he l aw enforcement o f f i c e r s had probabl e cause t o st op
Pe t i t i o n e r ' s ve hi c l e and whether l aw enforcement o f f i c e r s had probable
cause t o a r r e s t Pe t i t i one r . Wi t nesses are o f f i c e r s who stopped and
ar r es t ed Pe t i t i one r and t h e i r a nt i c i pa t e d t est i mony r el at es t o a l l fact s
Ice a copy oflriis Pre^fanlig^tate^rfenf h"as been mailed or delivered to the Department on the 13tl3ay
of February , 2013, at the address listed above.
Char l es Phi l i p Campbel l , Jr .
YC^^^tejEtim^rype)
HSMV 78061 (REV 02/12) V \ ^. ^C_^_
(jQflN M. FITZGIBBONS
TORNEY FOR PETITIONER
I N THE COUNTY COURT OF THE THIRTEENTH JUDI CI AL CIRCUIT
I N AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
CRIMINAL TRAFFIC DI VI SI ON
STATE OF FLORIDA
v.
CHARLES PHI LI P CAMPBELL, JR.
CITATION NO. : 6523-XEP 2
NOTICE OF APPEARANCE
COMES NOW t he under-signed at t or ney and hereby ent er s hi s
appearance as counsel f o r t he Defendant Char l es P h i l i p Campbel l ,
Jr .
The Cl er k i s request ed t o pr ompt l y n o t i f y t he undersi gned
at t or ney of t he dat e and t i me of a l l pr oceedi ngs and heari ngs
r e l a t i ng i n any manner t o t h i s cause t o ensure t he prompt
appearance of t he Defendant and/ or t he under si gned counsel bef or e
t he Court .
DATED and FILED t h i s
i s I*
TJL
day of Febr uar y, 2013.
FITZGIBBONS
Ida Bar No. 6O1047
At t or ney f o r t he Defendant
The Law Of f i c e s of John M. Fi t zgi bbons
Tampa Theat re B u i l d i n g
707 Nor t h Fr a nkl i n St r eet , Sui t e 700
Tampa, Fl or i da 33 6 02
Telephone No. (813) 221-8800
T H K I . A W O r r i l ' K N O K. J O H N M . l ''l T / , l i I I I I I I *N !
PAT FRANK
Oer< of the O
r
CJit Co^rt
13:h JjciL.d: Cr...j.:
f
P. O. Box 3360
Tampa, F L 33601
/
/
BRUCE BARTL ETT,
PO BOX 5028
DATE
CITATION NO
CASE NO
SET FOR
In regard to the above traffic citation, your client's court date has been set on.
MARCH 12,2013 AT 01:30PM.
Court Location is.
TAMPA, FL 33602
Be advised, that should the judgment of the court result in the payment of fines or costs, this office does
not accept company checks. Fines and costs must be paid by cash, money order, cashier's check or
bank draft.
Pat Frank,
*** This notice is only in reference to the citation noted above. If your client has any other citations you will
need to contact Clerk of the Circuit Court, Traffic Division. ***
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please
contact the A.D.A Coordinator. Hillsborough County Courthouse 800 E Twiggs Street, Room 604,
Tampa, F L 33602. (813) 272-7040 at least 7 days before your scheduled court appearance, or
immediately upon receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
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E - M A I L : ritzgibbons.law@verizon.nei
Mar c h 21, 2013
S 7 S O R I N C L J N G B O U L E V A R D
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W i l l i a m A. L o u g h e r y , Es q u i r e
S i x t h J u d i c i a l C i r c u i t ^ ro
P o s t Of f i c e B o x 5028 f ^
C l e a r w a t e r , F l o r i d a 33 758 --'
c n
Re : S t a t e v. C h a r l e s P h i l i p C a mp b e l l , J r .
D e a r B i l l :
P l e a s e f i n d e n c l o s e d a c o p y o f t h e " D e f e n d a n t ' s W a i ve r o f
S p e e d y T r i a l " w h i c h I h a ve f i l e d t o d a y i n t h e a b o ve - s t y l e d c a u s e .
e r e l y y o u r s ,
M. F i t z g i b b o n s
* B O A R D C E R T I F I E D C R I M I N A L T R I A L U W T B K , F L O R I D A B A R B O A R D O P C E R T I F I C A T I O N
A N D
B O A R D C B R T I F T B D G R T M I N A X. T R I A L A D V O C A T E . N A T I O N A L B O A R D O F T R I A L A D V O C A C Y
IN THE COUNTY COURT OF THE THIRTEENTH J UD IC IA L C IR C UIT
IN AND FOR HILLS B OROUG H COUNTY, S TATE OF F LORIDA
C RIMINAL TR A F F IC D IV IS ION
S TATE OF F LOR ID A
v.
C ITA TION NO.: 6523- XEP 2
DEFENDANT'S WAIVER OF S P EEDY TR IA L
COMES NOW t h e D e f e n d a n t C h a r l e s P h i l i p C a mp b e l l , J r ., b y an d
t h r o u g h h i s u n d e r s i g n e d a t t o r n e y , a n d h e r e b y w a i ve s h i s r i g h t t o a
s p e e d y t r i a l .
^JQHN M. F ITZG IB B ONS
L o r i d a B a r No. 601047
Tamp a Th e a t r e B u i l d i n g
Tamp a, F l o r i d a 3 3 602
Te l e p h o n e No. (813) 221- 8800
C ER TIF IC A TE OF S ER V IC E
I HEREB Y C ER TIF Y t h a t a t r u e an d c o r r e c t c o p y o f t h e f o r e g o i n g
h a s b e e n f u r n i s h e d b y U.S . Ma i l t o t h e f o l l o w i n g o n t h i s ^ d ay
o f Mar ch , 2 0 1 3 :
W i l l i a m A. L o u g h e r y , Es q u i r e
A s s i s t a n t S t a t e A t t o r n e y
S i x t h J u d i c i a l C i r c u i t
P o s t Of f i c e B o x 5028
C l e a r w a t e r , F l o r i d a 337 58
M. F ITZG IB B ONS
t o r n e y f o r t h e D e f e n d a n t
T H E L A W O F F I C E S O F J O H N M . F I T Z G I B B O N S
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CIVIL DIVISION
TODD SCHNITT and
MICHELLE SCHNITT
Case No.: 08-005738-J
Plaintiff,
v.
COX RADIO, INC.,
BUBBA RADIO NETWORK, INC.,
and BUBBA CLEM,
Defendant./
NOTICE OF FI LI NG THE AFFI DAVI T OF MELISSA PERSONIUS AND NOTICE OF
ADOPTION OF TESTIMONY AT THE JANUARY 25, 2013 HEARING
COME NOW the Defendants, BUBBA CLEM and BUBBA RADIO NETWORK, INC.
(hereinafter "BRN"), and Joseph Diaco, Esquire, through undersigned counsel, and hereby
provide the Court with their Notice of Filing the Affidavit of Melissa Personius and their Notice
of Adoption of Testimony at the January 25, 2013 Hearing in Opposition to Plaintiffs Motion
for New Trial.
The Notice of Adoption of Testimony at the hearing is in lieu of filing affidavits of those
witnesses who testified before the Court regarding the matter of Mr. Campbell's arrest on
January 23, 2013 and the discovery of his trial briefcase in the vehicle of Melissa Personius in
the mid-afternoon hours of January 24, 2013.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via
Electronic Mail to the following individuals on this day of March, 2013
Joseph Diaco, Esquire, Adams & Diaco, P.A., 101 East Kennedy Boulevard, Suite
2175, Tampa, FL 33602, jdiaco(5iadamsdiaco.com , mseward(a)adamsdiaco,com;
Gregory A. Hearing, Esquire, Thompson, Sizemore, Gonzalez & Hearing, PA., P.O.
Box 639, Tampa, FL 33601, ghearing(5)tsghlaw.com , ethomas@tsghlaw.com.
awhiteside@tsghlaw.com. mmcleod(5)tsghlaw.com:
Lee D. Gunn, I V., Esquire, Gunn Law Group, 400 North Ashley Drive, Suite 2050,
Tampa, FL 33602, LAbramson@gunnlawgroup.com, lgunn@gunnlawgroup.com,
efile(oigunnlawgroup.com;
Wilfried " Wi l " H. Florin, Esquire, Florin Roebig, P.A., 777 Alderman Road, Palm
Harbor, FL 346S3, whf(q:llorinroebig.com;
Scot Samis, Esquire, Traub, Lieberman, Staus & Shrewsberry, LLP, 360 Central
Avenue Suite 1000, St. Petersburg, FL 33731, ssamis@traublieberrnan.com
Florida Bar No.: 374016
Vaka Law Group, P.L.
777 S. Harbour Island Blvd. Suite 300
813.549.1799 Telephone
813.549.1790 Facsimile
gvakafa vakalavv.com
awilliams@vakalaw.com
2
AFFIDAVIT OF MELISSA PERSONIUS
STATE OF FLORIDA
Before me, the undersigned authority, personally appeared Melissa Personius, who upon
being duly sworn, deposes and says:
1. My name is Melissa Personius. I am over the age of 18 and I have personal first-hand
2. On the evening of Wednesday, January 23, 2013, 1 went to Malio's with a friend on my
own volition.
3. While at Malio's, 1 observed Phil Campbell having drinks with another man, who I later
learned was Jon Ellis.
4. While at Malio's, Phil Campbell introduced himself and bought drinks for'my friend and
me.
5. Jon Ellis urged Phil Campbell to continue to drink.
6. Jon Ellis was not present when Phil Campbell and I left Malio's together.
7. Phil Campbell wanted to take me back to his apartment, for the sole purpose for him to
call me a cab so 1 could go home.
8. Phil Campbell insisted on driving and got into the driver's seat ofthe vehicle at the valet
stand.
9. No one at Adams & Diaco instructed me to lie about where I worked to Jon Ellis and/or
Phil Campbell.
10. No one at Adams & Diaco, including Stephen Diaco, instructed me to get in a vehicle
with Phil Campbell or have Phil Campbell drive my car.
11. No one at Adams & Diaco instructed me to obtain any privileged or confidential
information from Phil Campbell and/or Jon Ellis, nor did 1 obtain any privileged or
confidential information.
MELISSA PERSONIUS
Sworn to
has prodi
2013.
;Iissa Personius, who is persona|j^:Jcnown to me or who
as identification on this i . day of February,
OTARY PUBLIC (Signature)
rint
MY
ZULEI MA E. TAVAREZ
AVf MY COMMISSION OWmi l 5
^ * y EXHRES: Nowrtw 29. JOU
IN T H E C I R C U I T COURT OF T HE THI RTEENTH J UDI CI AL CI RCUI T
IN AND F OR HI LLS BOROUGH COUNTY, S T AT E OF F LORI DA
GE N E R A L CI VI L LAW DIVISION
Plaintiffs,
vs. CASE NO.: 08-CA-05738
COX RADIO, INC., BUBBA RADIO NETWORK, DIVISION: J
INC., and BUBBA CLEM,,
Defendants.
/
NOT I CE OF F I L I NG AFFI DAVI T OF S TEPHEN C DI ACO
IN OPPOSI TI ON TO PLAI NTI FFS' MOTI ON F OR NEW T R I A L
AND MOTI ON F OR JUDGMENT NOTWITHSTANDING T H E VE RDI CT
Undersigned counsel as counsel on behalf of ADAMS & DIACO, P.A., STEPHEN C.
DIACO, ROBERT D. ADAMS, BRIAN P. MOTRONI, and ADAM FILTHAUT in this action,
hereby give notice of filing the following in opposition to Plaintiffs' Motion for New Trial and
Motion for Judgment Notwithstanding the Verdict:
I . Affidavit of Stephen C. Diaco.
CERTD7I CATE OF S E R V I C E
I H E R E B Y CERTD7Y that a true and correct copy of the foregoing has been furnished by
Electronic Mail and U.S. Mail to Joseph F. Diaco, Jr., Esq., Adams & Diaco, P.A., 101 East
Kennedy Boulevard, Suite 2175, Tampa, FL 33602, idiacofgiadamsdiaco.com,
mseward@adamsdiaco.com; Gregory A. Hearing, Esq. and Charles J . Thomas, Esq.,
Thompson, Sizemore, Gonzalez & Hearing, P.A., 201 N. Franklin Street, Suite 1600, Tampa,
Florida 33602, ghearing@tsghlaw.com. cthomas@,tsghlaw.com ; George A. Vaka, Esq., Vaka
Law Group, 777 S. Harbour Island Blvd. Suite 300, Tampa, FL 33602, gvaka@,vakalaw.com: Wil
H. Florin, Esq., Thomas D. Roebig, Jr., Florin Roebig, P.A., 777 Alderman Road, Palm Harbor,
FL 34683, whf@,florinroebig.com. tdr@,florinroebig.com. kathv@,florinroebig.com:
PISERVICE@flonnroebig.com; Scott E. Sam is, Esq., Traub Lieberman Straus & Strewsberry,
LLP, First Central Tower, 360 Central Ave., 10
Ul
Floor, St. Petersburg, FL 33701;
ssamis@traublieberman.com. cbunsaf@traublieberman.com; and, Norman S. Cannclla, Jr., Esq.,
4037 Henderson Boulevard, Tampa, FL 33629, cannella.paffljverizon.net this 4
l h
day of March.
2013.
y { c C ^ T Z ^
LEE D. GUNN IV, ESQ.
L GU N N @GU N N L A WGR OU P. C OM
SCOTT A. ARTHUR, ESQ.
SART11UR@, GUNNLA WGROUP. COM
GUNN LAW GROUP, P.A.
400 North Ashley Drive, Suite 2050
Tampa. FL 33602
(813) 228-7070 T E L E PH O N E
(813)228-9400 F A C S I MI L E
Counsel for Adams & Diaco, P. A.. Stephen C. Diaco,
Robert D. Adams, Brian P. Motroni. Adam Filthaut
2
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL LAW DIVISION
Plaintiffs,
INC., and BUBBA CLEM,
Defendants.
/
AF F I DAVI T OF S TEPHEN C. DI ACO
STATE OF F L ORI DA }
}
COUNTY OF HI L L S B OROUGH }
B E F O R E ME, the undersigned authority, personally appeared, S TEPHEN C. DI ACO
who, upon being duly sworn, deposes and says:
1. I am over the age of 18 and I have personal knowledge of the facts contained
herein.
2. I am employed at the firm of Adams & Diaco, P.A.
3. I never hired anyone to conduct surveillance on C. Phillip Campbell, Jr. or
Jonathon Ellis. Further, I have no knowledge of anyone conducting surveillance ofthe activities
of C. Phillip Campbell, Jr., prior to January 23,3013.
4. Prior to their arrival at Malio's, I had no knowledge of any intent on the part of
Mr. Campbell or Mr. Ellis to go to Malio's to drink alcoholic beverages at the bar after trial on
the evening of January 23, 2013.
5. During the evening of January 23, 2013, I became aware of a report made to
Tampa Police Department of C. Phillip Campbell's potential to drink and drive and I did
thereafter respond to requests for information made by the Tampa Police Department which I
understand to be consistent with its protocols for its DUI task force.
6. I never instructed or suggested that Ms. Personius lie about where she worked to
Mr. Campbell or anyone else.
7. I never instructed or suggested that Ms. Personius get in a vehicle with Mr.
Campbell or have Mr. Campbell drive her car.
8. I never instructed or suggested that Ms. Personius obtain any privileged or
confidential information from Mr. Campbell or Mr. Ellis.
9. I never acquired privileged or confidential information regarding Shumaker, Loop,
& Kendrick's representation of Todd and Michelle Schnitt from anyone at any time.
10. To my knowledge, no one at the law firm of Adams & Diaco, P.A., or the law
firm of Thompson, Sizemore, Gonzalez & Hearing, P.A., ever gained confidential information
from the events that occurred on January 23,2013 and January 24,2013.
11. To my knowledge, the trial bag was never in the possession, custody or control of
Joseph Diaco, Jr., Greg Hearing, or anyone associated with Thompson, Sizemore, Gonzalez &
Hearing, P.A.
12. To my knowledge, Joseph Diaco, Jr., Greg Hearing, and anyone associated with
Thompson, Sizemore, Gonzalez & Hearing, P.A., first learned of the fact that the briefcase of C.
Phillip Campbell was left in Ms. Personius' vehicle after the return of the briefcase to the offices
of Shumaker, Loop, & Kendrick LLC.
2
13. To my knowledge, no one in any way associated with the defense of Bubba Clem
or the BRN ever gained access to C. Phillip Campbell's briefcase contents from the time of Mr.
Campbell's arrival at Malio's on January 23, 2013, until the briefcase was returned to the law
offices of Shumaker, Loop, & Kendrick LLC at approximately 5:15 p.m. on January 24, 2013.
STATE OF FLORIDA
COUNTY OF H1LLSBOROUG11
BEFORE ME. the undersigned authority, personally appeared STEPHEN C. DIACO
who, after being duly sworn deposes and says that he has read the foregoing affidavit and said
affidavit is true and correct to the best of his knowledge and belief. The person making the
acknowledgment is: X_ lo me well known to be the person described herein or presented
the following identification: .
STEPHEN C. DIACO
SWORN TO AND SUBSCRIBED before me this day of March. 2013.
DEBORAH A ROSMiA ft
BERNIE MCCABE
State Attorney
d L
O F F I C E O F T H E S T A T E A T T O R N E Y
SIXTH JUDICIAL CIRCUIT OF FLORIDA
PASCO AND PINELLAS COUNTTES
F e b r u a r y 11, 2 013
Ho n o r a b l e P a t F r a n k
C l e r k o f t h e C i r c u i t C o u r t
Hi l l s b o r o u g h C o u n t y C o u r t h o u s e
P o s t Of f i c e B o x 1110
Tamp a, F l o r i d a 3360 1
EXEC UTIV E ORDER 13- 29
RE: S TATE V. C HARLES P . C AMP B ELL, J R .
D e a r Ms. F r a n k :
En c l o s e d f o r f i l i n g i s Ex e c u t i ve Or d e r 1 3- 29. Yo u
a r e h e r e b y n o t i f i e d t h a t I h a ve a p p o i n t e d A s s i s t a n t
S t a t e A t t o r n e y s B r u c e B a r t l e t t , B e ve r l y A n d r i n g a an d
W i l l i a m L o u g h e r y , a n d S t a t e A t t o r n e y In ve s t i g a t o r s
D o y l e J o u r d a n a n d R i c h a r d Ha r t p u r s u a n t t o t h e ab o ve
r e f e r e n c e d Or d e r . Th an k y o u f o r y o u r a s s i s t a n c e i n
t h i s ma t t e r .
S i n c e r e l y y o u r s ,
B e r n i e McC abe
S t a t e A t t o r n e y
B J Mc /e f
Post Office Box 5028, Clearwater, Florida 33758 Telephone (727) 464-6221
STATE OF FLORIDAg =
OFFI CE OF THE GOVERNOR
5
EXECUTIVE ORDER NUMBER 13-29 Ji
WHEREAS, the Honorable MARK A. OBER, State Attorney for the Thirteenth
Judicial Circuit of Florida, has advised Governor RICK SCOTT that Charles Philip
Campbell Jr. has been charged with driving under the influence; and
WHEREAS, the Honorable MARK A. OBER has also advised the Governor that he
has been subpoenaed by Campbell, the attorney representing the plaintiffs, to testify in the
case of Todd Schnitt and Michelle Schnitt v. Cox Radio. Inc.. Bubba Radio Network. Inc..
and Bubba Clem; and
WHEREAS, the Honorable MARK A. OBER, to avoid any appearance of conflict
of interest or impropriety, has voluntarily disqualified himself and has requested the
executive assignment of another State Attorney with respect to the investigation and
prosecution of this case and all related matters; and
WHEREAS, the Honorable BERNTE MCCABE, State Attorney for the Sixth
Judicial Circuit of Florida, has agreed to accept an executive assignment in this matter; and
WHEREAS, it is in the best interest of the State of Florida and of the ends of justice
that the Honorable BERNTE MCCABE discharge the duties of the Honorable MARK A.
OBER, pursuant to Section 27.14, Florida Statutes;
NOW, THEREFORE, I , RICK SCOTT, Governor of Florida, in obedience to my
solemn constitutional duty to "take care that the laws be faithfully executed," and pursuant
ZZ <s>
..' <:
f o
to the Constitution and laws of the State of Florida, issue the following Executive Order,
effective immediately:
Section 1.
The Honorable BERNTE MCCABE, State Attorney for the Sixth Judicial Circuit of
Florida, referred to as the "Assigned State Attorney," is assigned to discharge the duties of
the Honorable MARK A. OBER, State Attorney for the Thirteenth Judicial Circuit of
Florida, as they relate to the investigation, prosecution and all matters related to Charles
Philip Campbell Jr.
Section 2.
The Assigned State Attorney or one or more Assistant State Attorneys and
Investigators, who have been designated by the Assigned State Attorney, shall proceed
immediately to the Thirteenth Judicial Circuit of Florida, and are vested with the authority
to perform the duties prescribed herein.
Section 3.
Al l residents of the Thirteenth Judicial Circuit are requested, and all public officials
are directed, to cooperate and render whatever assistance is necessary to the Assigned State
Attorney, so that justice maybe served.
Section 4.
The period of this Executive Assignment shall be for one (1) year, to and including
February 8, 2014.
Section 5
The Assigned State Attorney shall notify the Governor on or before January 8, 2014,
i f additional time is required.
HIL L SBOROUGH COUNTY SHERI F F ' S OF F I CE
^ : - DEPARTMENT of DETENTION SERVI CES
BREATH AL COHOL ANAL Y SIS REPORT
(Please Print) 20 - MINUTE OBSERVATION (TimeStanvp)
I, affirm aTtd say that >-arma duly authorizedJajfli-enfOfcement officer
and a member of the ' )
r
and on o^bouU.he^--''''^ day of
20 , I did observe 'C _ , - f r o m AM / PM to AM / PM
immediately prior to said person being giveria^wattrlesTto determine the alcohol content. This person has not taken
anything by mouth nor has he or shej^gtffgltated during the observation time period shown above.
Signatdreiiif Law Enforcement Officer Badge or ID #
AGENCY DATA
Agency District Squad S/ ^ Arresting Officer '>'. 'q
;
, /;.-.>
Report # / S - /fcrash Report # Citation # ic^~
?
:.3 A f / Grid / O
Arrest Time _ Minutes from arrest time to last test time i . y
Location of offense ( ' / ^ < ' CJ Nearest cross street / /J/i-UJ
CRASH DATA: NONE X PROPERTY INJURY FATAL
S U BJ E C T STATI STI CAL DATA
Name : 'Jn-u> x
:
- \ , t'; h >
:
'^ '\ Age /' fH DOB
' Last First Ml
Race: White A Black Hispanic Asian Native American Other
Sex: (M/ F Weight / ~> Q Height _ _ _ _ _ _ Social Security #
Driver's License #:. Drivers License State _
Charge: O I P f C Statute #: _< ___
Location of Last Drink /-'-
^_c^. Business Name Address
Depu^/Officer making the stopS^"
7
"" ''~
:::
-'".///>:-' ji.AD #: 'Atj/fc-Jl Agency ~~^
J
U District _ Oc-
Felony Misdemeanor
J E S T D A T A
Technician f l N ' ^ - i _ PID # 13
Test __ Refusal A. Video Tape DVD _J Number ,' I *i Urine Taken Blood Taken
Day of Week: Sat Sun Mon Tue Wed { Thu_ Fri Shift - Day Night / f
Brae 1 0. " Time Brae 2 0. ~ ~" Time Brae 3 0. " Time
Instrument Used: Intoxilyzer Series 8000 Serial Number:
Arrival Ti me____' ___ Ending Ti me________ Total Processing Time_
DHSMV Checkerjy Printed A / ' j ; . Data Entry By
Comments:0 )' ,->''.'>'j.'ii
;
- A... \ /.-.../ " i\. J
5730 (9/08) White Copy: CBTU Yellow Copy: State Attorney's Office Pink Copy: Arresting Officer
MEMORANDUM
TO: B r u c e B a r t l e t t , B e v e r l y An d r i n g a , B i l l L o u g h e r y
FROM:
RE: G o v e r n o r As s i g n m e n t 13-29
CHARLES P HI L L I P CAMPBELL
1
W/M; DOB: 02/18/48
DATE: Jun e 28, 2013
On Ma y 17, 2013, As s i s t a n t St a t e At t o r n e y Wi l l i a m L o u g h e r y
a n d w r i t e r i n t e r v i e w e d Ch a r l e s P h i l l i p Ca m p b e l l a t t h e o f f i c e o f
h i s a t t o r n e y , J o h n Fi t z g i b b o n s , 707 N. Fr a n k l i n St ., Su i t e 700,
Ta mp a , Fl o r i d a . I t w a s a g r e e d up on t h e i n t e r v i e w w o u l d be a n
i n f o r m a l s e t t i n g w i t h o u t a Co u r t Re p o r t e r . Th i s r e p o r t w i l l
c o n t a i n t h e i n f o r m a t i o n g a t h e r e d .
Ca m p b e l l beg a n b y d e s c r i b i n g a t y p i c a l d a y a n d h i s d r i v i n g
h a b i t s . Ca m p b e l l a d v i s e d he w o u l d l e a v e h i s d ow n t ow n a p a r t m e n t
b e t w e e n 6:30 a .m. a n d 6:45 a .m. Ca m p b e l l w o u l d d r i v e t o h i s
home a n d p i c k up h i s c h i l d r e n t o t r a n s p o r t t h e m t o s c h o o l .
Ca m p b e l l a d v i s e d he w o u l d t h e n r e t u r n t o h i s a p a r t m e n t .
Ca m p b e l l s t a t e d i n a d d i t i o n , he w o u l d d r i v e h i s c h i l d r e n t o
s p o r t s p r a c t i c e s i n t h e e v e n i n g s a n d t o ga mes on Sa t u r d a y s .
Ca m p b e l l w o u l d t h e n w a l k t h r e e b l o c k s t o t h e Ba nk o f
Am e r i c a b u i l d i n g , w here h i s o f f i c e i s l o c a t e d . Ca m p b e l l s t a t e d
he w o u l d d r i v e i f i t w a s r a i n i n g o r i f he w a s t o meet a c l i e n t
a w a y f r o m t h e o f f i c e . Ca m p b e l l a d v i s e d he ha s n o t ha d a
r e s e r v e d p a r k i n g s p a c e f o r a t l e a s t t w o y e a r s . Ca m p b e l l s t a t e d
a t one t i m e h i s p a r k i n g sp a ce w a s d i a g o n a l f r o m St e p h e n Di a c o .
Ca m p b e l l s t a t e d he w o u l d see J o s e p h Di a c o , J r . more t h a n he
w o u l d see St e p h e n Di a c o a r o u n d t h e Ba n k o f Am e r i c a b u i l d i n g .
Ca m p b e l l a d v i s e d he d o e s n o t k now Ada m Fi l t h a u t . Ca m p b e l l
s t a t e d he d o e s k now B r i a n Mo t r o n i .
Ca m p b e l l a d v i s e d on J a n u a r y 23, 2013, w hen Co u r t en d ed , he
a n d J o h n E l l i s d e c i d e d t h e y w o u l d go t o Ma l i o ' s f o r d i n n e r .
Ca m p b e l l a d v i s e d t h e t r i a l w a s w i n d i n g d ow n . Ca m p b e l l e x p l a i n e d
t h e n e x t d a y he h a d on e w i t n e s s t o p r e s e n t , Mi c h e l l e Sc h n i t t .
Ca m p b e l l a d v i s e d he h a d a l r e a d y p r e p a r e d Mi c h e l l e Sc h n i t t .
Ca m p b e l l a d v i s e d he a l s o h a d w o r k e d o n a n a r g u m e n t f o r a
p o s s i b l e d i r e c t e d v e r d i c t . Ca m p b e l l a d v i s e d t a k i n g e v e r y t h i n g
i n t o a c c o u n t , he a n d E l l i s d e c i d e d t o go t o Ma l i o ' s f o r d i n n e r .
Ca m p b e l l a d v i s e d he i s c o m f o r t a b l e w i t h Ma l i o ' s . Ca m p b e l l
k now s a n umber o f t h e e m p l o y e e s . Ca m p b e l l a d v i s e d he i s a b l e t o
w a l k t h e r e a n d t h e n w a l k t w o b l o c k s t o h i s a p a r t m e n t w hen he i s
f i n i s h e d . Ca m p b e l l a d v i s e d he g oes t o Ma l i o ' s on e t o t w o t i m e s
a w eek . Ca m p b e l l s t a t e d t h e d a y s a r e d i f f e r e n t . Ca m p b e l l f e l t
t h e r e w a s no w a y t o a n t i c i p a t e w hen he w o u l d o r w o u l d n o t go t o
Ma l i o ' s , a s t h i s w a s t h e f i r s t t i m e he h a d s t o p p e d s i n c e t h e
t r i a l b e g a n . Ca m p b e l l c o u l d n o t r e c a l l i f he h a d g on e t o t h e
2
o f f i c e o r w e n t d i r e c t l y t o Ma l i o ' s on J a n u a r y 23, 2013.
Ca m p b e l l k new E l l i s w a s a t Ma l i o ' s w hen he a r r i v e d . Ca m p b e l l
a d v i s e d he s a t w i t h E l l i s t o h i s r i g h t . Ca m p b e l l s t a t e d t h e b a r
a r e a w a s f a i r l y c r o w d e d . Ca m p b e l l e x p l a i n e d t h a t he ha d h i s
b r i e f c a s e w i t h h i m , a s a g a i n , he w a s g o i n g t o w a l k home.
Ca m p b e l l a d v i s e d he remembered Me l i s s a P e r s o n i u s a n d
Va n e s s a Fy k e s a r r i v e d somew here a r o u n d 7:00 p .m. Ca m p b e l l
s t a t e d P e r s o n i u s s a t t o h i s l e f t a n d Fy k es s a t t o P e r s o n i u s '
l e f t . Ca m p b e l l s t a t e d t h e t w o w ere h a v i n g a p r o b l e m g e t t i n g a
d r i n k . P e r s o n i u s s t a t e d t o Ca m p b e l l t h a t he must ha v e some t y p e
o f " p u l l " t o be a b l e t o g e t a d r i n k . Ca m p b e l l s t a t e d he
a s s i s t e d i n g e t t i n g t h e a g l a s s o f w i n e by a s k i n g " De n i s e , " t h e
b a r t e n d e r , f o r t h e w i n e . Ca m p b e l l s t a t e d t h a t he p u r c h a s e d t h e
w i n e f o r t h e g i r l s . Ca m p b e l l a d v i s e d somet i me a f t e r he h a d
p u r c h a s e d t h e w i n e , E l l i s a s k e d t h e t w o i f t h e y k new w ho P h i l
Ca m p b e l l w a s. Ca m p b e l l e x p l a i n e d t h e r e w a s a new s c l i p on t h e
t v . Ca m p b e l l a d v i s e d E l l i s ' s t a t e m e n t a n d t h e f a c t he p u r c h a s e d
t h e t w o a g l a s s o f w i n e b e g a n a d i a l o g u e b e t w e e n e v e r y o n e .
Ca m p b e l l s t a t e d P e r s o n i u s i n f o r m e d h i m t h a t she w a s e m p l o y e d a s
a p a r a l e g a l f o r Trema n Kemk er, a l a w f i r m . Ca m p b e l l s t a t e d he
t a l k e d o f a t t o r n e y s he k new a t Trema n Kemk er.
Ca m p b e l l l e a r n e d f r o m h i s c o n v e r s a t i o n s w i t h P e r s o n i u s she
h a d c h i l d r e n a n d l i v e d i n B r a n d o n . Ca m p b e l l s t a t e d i t w a s a
" common g r o u n d , " a s he, t o o , ha s c h i l d r e n . Ca m p b e l l a d v i s e d
3
t h e y sp ok e o n a n d o f f d u r i n g t h e e v e n i n g . Ca m p b e l l s t a t e d he
a l s o s p o k e w i t h o t h e r i n d i v i d u a l s t h r o u g h o u t t h e n i g h t w ho he
k new i n t h e r e s t a u r a n t .
Ca m p b e l l s t a t e d a t one p o i n t d u r i n g t h e e v e n i n g , P e r s o n i u s
b o u g h t h i m a s h o t . Al t h o u g h n o t a s h o t d r i n k e r , Ca m p b e l l s t a t e d
P e s o n i u s d i d p e r s u a d e h i m t o d r i n k t h e s h o t . Ca m p b e l l a d d e d i t
w a s t h e f i r s t t i m e a w oma n h a d b o u g h t a d r i n k f o r h i m . Ca m p b e l l
f e l t P e r s o n i u s w a s " f l i r t i n g " w i t h h i m .
Ca m p b e l l a d v i s e d a s t h e e v e n i n g w e n t o n , he f e l t P e r s o n i u s
w a s n o t c a p a b l e o f d r i v i n g t o B r a n d o n due t o t h e a moun t o f
a l c o h o l she h a d con sumed . Ca m p b e l l s t a t e d he w e n t t o t h e v a l e t
a n d i n q u i r e d i f i t w o u l d be p o s s i b l e t o l e a v e P e r s o n i u s ' v e h i c l e
o v e r n i g h t . The v a l e t a s s u r e d h i m i t w o u l d be o k a y .
Ca m p b e l l i n f o r m e d P e r s o n i u s h e r v e h i c l e w o u l d be s a f e i f
she w e r e t o l e a v e i t a n d o f f e r e d t o p a y f o r a ca b t o B r a n d o n .
Ca m p b e l l s t a t e d he p a i d h i s t a b a n d t h e t w o w a l k e d t o t h e v a l e t
a r e a . Ca m p b e l l c a l l e d a c a b s e r v i c e w ho he o f t e n u s e s , h o w e v e r ,
t h e d r i v e r w a s n o t a v a i l a b l e . Ca m p b e l l a d v i s e d he w e n t t o a n
ATM m a c h i n e t o o b t a i n c a s h t o p a y f o r t h e c a b f o r P e r s o n i u s .
Ca m p b e l l a d v i s e d he f e l t o b l i g a t e d t o p a y f o r t h e c a b , a s he w a s
t h e on e w ho s u g g e s t e d i t . Ca m p b e l l s t a t e d he k now s p a r a l e g a l s
d o n ' t ma k e a l o t o f money a n d a g a i n f e l t o b l i g a t e d a s i t w a s a t
h i s s u g g e s t i o n . Ca m p b e l l a d d e d he hop ed a n y o t h e r l a w y e r w o u l d
d o t h e sa me i f h i s p a r a l e g a l w a s i n a s i m i l a r s i t u a t i o n .
4
P e r s o n i u s d i d n o t w a n t t o t a k e a c a b . P e r s o n i u s k e p t i n s i s t i n g
she n e e d e d h e r c a r t o be i n a " s e c u r e d p u b l i c l o t , " w h i c h d i d n ' t
ma k e s e n s e a s t h e v e h i c l e w o u l d be l e f t a t Ma l i o ' s .
Ca m p b e l l a d v i s e d P e r s o n i u s n e v e r r e q u e s t e d h i m t o d r i v e h e r
v e h i c l e . Ca m p b e l l s t a t e d a f t e r s p e a k i n g t o t h e v a l e t a n d
P e r s o n i u s , i t w a s c l e a r P e r s o n i u s w a s n o t g o i n g t o l e a v e h e r
c a r . Ca m p b e l l a d v i s e d he t h o u g h t P e r s o n i u s w a s i n t o x i c a t e d t o
t h e p o i n t she s h o u l d n o t d r i v e . Ca m p b e l l s t a t e d he w a s
f r u s t r a t e d w i t h P e r s o n i u s ' u n r e a s o n a b l e r e f u s a l t o l e a v e h e r c a r
a n d i t w a s g e t t i n g l a t e a n d he w a n t e d t o g o home t o b e d .
Ca m p b e l l a d v i s e d h i s r o u t i n e d u r i n g t r i a l w a s t o w a k e up a t 3:00
a .m. Ca m p b e l l s t a t e d he w o u l d b e g i n t r i a l p r e p f o r t h a t d a y .
Ca m p b e l l a d v i s e d he d i d n o t f e e l he w a s i m p a i r e d a n d ,
t h e r e f o r e , o f f e r e d t o d r i v e P e r s o n i u s ' c a r t o s e c u r e a p a r k i n g
l o t , a b l o c k f r o m h i s a p a r t m e n t . Ca m p b e l l a d v i s e d a c a b c o u l d
be c a l l e d f r o m t h e l o b b y o f h i s a p a r t m e n t b u i l d i n g .
Ca m p b e l l a d v i s e d he p l a c e d h i s b r i e f c a s e i n t h e v e h i c l e
a n d o p e n e d P e r s o n i u s ' d o o r . Ca m p b e l l a d v i s e d he w a l k e d a r o u n d
t h e v e h i c l e a n d e n t e r e d t h e d r i v e r ' s d o o r .
Ca m p b e l l a d v i s e d he d e p a r t e d Ma l i o ' s v i a t h e e x i t a n d h a d
i n t e n d e d t o g o t o a p a r k i n g a r e a n e a r h i s a p a r t m e n t . Ca m p b e l l
s t a t e d he w a s s t o p p e d a v e r y s h o r t d i s t a n c e f r o m Ma l i o ' s .
Ca m p b e l l a d v i s e d he d i d n o t d i s a g r e e on v i d e o w i t h t h e
i n f r a c t i o n a t t h e t i m e o f t h e s t o p , h o w e v e r , s a i d he d i d use h i s
t u r n s i g n a l a n d l o o k b e f o r e he c h a n g e d l a n e s a n d t u r n e d .
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Ca m p b e l l p r o v i d e d h i s c r e d i t c a r d n umber w h i c h w a s u s e d
t h a t e v e n i n g . The r e c e i p t s f r o m Ma l i o ' s w e r e o b t a i n e d t o
d e t e r m i n e Ca m p b e l l ' s a n d P e r s o n i u s ' c h a r g e s .
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At this point, based on (i) the transcript of the January 25, 2013 hearing on Plaint if f s
Mot ion f or Mistrial or, in the Alternative, for Disqualification ("Hearing Trans."), ( ii) security
camera Video footage f rom the Bank of America Plaza building on January 24,2013,
1
and ( iii) B
of A building access card records f rom January 24,2013, Plaintiffs have been able to determine
the follojmng:
January 23,2013
I j . On January 23,2013, lead trial counsel for Plaintiffs in this case, C. Philip
Campbell, Jr. and Jonathan J. Ellis, were at Malio's Prime Steakhouse at the corner of Ashley
Drive and Kennedy Boulevard in downtown Tampa. Hearing Trans. 11:16-12:16.
\
0
i
A
2. At about 7:30-7:45pm that evening, Sergeant Raymond Fernandez, supervisor of
i
the Tampja Police Department's DUI activity throughout the City of Tampa, received a call from
j
Adam Filjhaut of Adams & Diaco, P.A., advising him that Mr. Campbell was at Malio's drinking
and provijiing a description of a car Mr. Campbell was supposedly driving. Hearing Trans.
100:10-102:4.
3. Mr. Filthaut is the godfather of Sergeant Fernandez's son, has been friends with
Sergeant I fernandez "for quite a while," and knew that Sergeant Fernandez was in charge of the
1
Still clips from the security camera video footage are included in this Motion. The actual video footage will be
made available for viewing by the Court.
Tampa Police Department's DUI activity throughout the City of Tampa. This was not the first
such call f rom Mr. Filthaut. Hearing Trans. 102:2-7,106:4-10.
4. Mr. Filthaut is one of seven partners wit h Adams & Diaco, P.A., and one of
twelve lawyers in the firm's Tampa office. Hearing Trans. 70:12-15; see also printout of "Our
Attorneys" page f rom the website of Adams & Diaco, P.A. attached hereto as Exhibit " ."
5j. At the hearing conducted regarding these events on January 25, 2013, less than 48
hours aftjer the foregoing events took place, Stephen F. Diaco ("S. Diaco"), another partner with
Adams & Diaco, P.A. that has been involved in this case and brother of Joseph J. Diaco, Jr.,
testified that he could not remember whether he instructed Mr. Filthaut to contact the Tampa
Police Department regarding Mr. Campbell or whether he spoke to Mr. Filthaut the evening of
January 23, 2013 at all for that matter. Hearing Trans. 70:22-71:20, 72:16-21, 73:19-22, 74:15-
24.
6. Although S. Diaco was subpoenaed to bring his mobile phone to the January 25,
2013 heajing, he did not bring his mobile phone and so the same could not be inspected at the
hearing by the Court or counsel to determine whom he had called, texted, or e-mailed during the
period January 23-24,2013. Hearing Trans. 51:21-52:8.
7. | I n response to a question whether S. Diaco or anyone f rom his office had
contacted) the Tampa Police Department regarding the incident involving Mr. Campbell the night
of January 23, 2013, S. Diaco invoked his rights under the Fif t h Amendment and refused to
testify. Hjearing Trans. 54:6-54:10.
8. i The evening of January 23,2013, Mr. Campbell met a woman at Malio's who the
next day Was identified as Melissa Personius. Ms. Personius is a paralegal wit h Adams & Diaco,
P.A. Heading Trans. 12:9-13:13,18:15-19:22, 20:3-26:25; 32:14-33, 52:24-53:7, 80:20-90:2.
9. At the January 25,2013 hearing, S. Diaco testified that he could not remember
whetheit he instructed Ms. Personius to go to Malio's or spoke wit h her the evening of
January 23,2013 at all. Hearing Trans. 53:8-54:5, 70:9-11.
10. Ms. Personius invoked her rights under the Fif t h Amendment at the hearing,
refusing to testify as to most of t he events that took place the evening of January 23,2013,
including whether she was instructed to get Mr. Campbell to drive her car that evening or by
whom. Hearing Trans. 34:2-35:10,48:25-49:9.
i
IS 1. Ms. Personius introduced herself to Mr. Campbell and Mr. Ellis as "Melissa," but
misrepresented to them and another lawyer that was also at Malio's and was sitting wit h Mr.
Cambell jand Mr. Ellis where she worked. She at no time told any of the three men that she
worked 4t Adams & Diaco, P.A. Hearing Trans. 19:10-22, 84:10-21, 86:9-24, 113:9-11.
12. Ms. Personius was working on this case. Hearing Trans. 33:13-16, 78:12-19.
13. Mr. Campbell mentioned that evening in the conversation in which Ms. Personius
was involved wit h him and others that he was counsel for the Plaintiffs in this case. Hearing
Trans. 87:2-15, 88:7-10.
14. Later that evening, Mr. Campbell drove Ms. Personius' car from Malio's at Ms.
Personius^ insistence. See Af f idavit of Joshua Moore, valet at Malio's, attached hereto as
Exhibit "j ."
1 f j . Mr. Campbell was thereafter pulled over by Sergeant Fernandez while driving
Ms. Personius' car on Ashley Drive and arrested. Hearing Trans. 108:18-109:5.
16. Mr. Campbell lives three blocks from Malio's in the Skypoint building on the
corner of Ashley Drive and Polk Street and did not have a car at Malio's the evening of
January 23,2013. Hearing Trans. 132:13-133:10,134:21-135:12.
1
l!7. Mr. Campbell's trial briefcase was left that evening in Ms. Personius' car.
Hearing Trans. 3 5:11 -17
1|8. Ms. Personius testified that it was not until the next afternoon that she discovered
Mr. Campbell's briefcase in her car and called Robert Adams, another partner wit h Adams &
Diaco, P| A. that has been involved in this case, to advise him of the discovery. Hearing Trans.
35:18-21.
January 24,2013
19. The trial of this matter was continued the morning of January 24,2013 to January
25,2013 jon the stipulation of counsel.
20. Later that day, at 1:11pm, lead trial counsel in this case Joseph F. Diaco, Jr.,
walked out the third floor of the Bank of America Plaza ("B of A") building to the B of A
parking gprage, and about a minute later his B of A building access card ("Access Card") was
used at the 3
r d
floor exit of the B of A parking garage.
21. About 5 minutes later, at 1:16pm. Stephen C. Diaco ("S. Diaco") also walked out
the third floor of the B of A building and about a minute later his Access Card was likewise used
at the 3
r d
floor exit of the B of A parking garage.
22. According to the testimony of Ms. Personius, upon discovering Mr. Campbell's
trial briefcase in her car, she called Robert Adams, a partner with Adams and Diaco, P.A., and
told him of the discovery. Hearing Trans. 35:15-25. Mr. Adams told her to wait and she would
be told what to do wit h the briefcase. Hearing Trans. 36:1-3.
23. Mr. Personius further testified that she subsequently received a call from Brian
Motroni, an associate wit h Adams & Diaco, P.A. that is working on this case, who told her he
was coming to pick the briefcase up. Hearing Trans. 37:23-38:3.
24. Mr. Motroni walked out the third floor of the B of A building carrying a trial
briefcase at 1:45pm and about a minute later his Access Card was used at the 3
r d
floor exit of the
B of A parking garage.
25. According to S. Diaco, during the trial he was involved 24 hours a day, 7 days a
week, working on this case, including "dealing wit h witnesses and [his] partners and trial prep."
Hearing Trans. 54:2-4. I n fact, S. Diaco testified on January 25
t h
that his entire office had been
working on this case. Hearing Trans. 78:12-19.
26. Mr. Motroni testified that upon discovering Ms. Personius had Mr. Campbell's
trial briefcase, he called his "boss" and "immediate supervisor", whom he identified as S. Diaco,
to report the same to him. Hearing Trans. 129:16-21. S. Diaco is not counsel of record in this
case. I n fact, Joseph F. Diaco, Jr. and Brian P. Motroni are the attorneys from Adams & Diaco,
P.A. that have been on the pleadings, which indicate they share a paralegal named Mylene L.
Seward. See .
27. S. Diaco testified that he was first called by Mr. Motroni and advised that Ms.
Personius had Mr. Campbell's "personal effects or his - his case, notebook." Hearing Trans.
54:11-55:23. S. Diaco instructed Mr. Motroni to retrieve the same from Ms. Personius. Hearing
Trans. 54:24-55:1, 55:21-23. At some point thereafter, S. Diaco was made aware that Ms.
Personius had more than Mr. Campbell's "personal effects", but rather she had Mr. Campbell's
trial briefcase. Hearing Trans. 63:4-22, 129:16-21, 130:7431:17. S. Diaco testified that he then
headed back to the offices of Adams & Diaco, P.A. Hearing Trans. 56:21-22.
28. S. Diaco further testified that Mr. Motroni retrieved the briefcase and brought it
back to the B of A building, but left it in his car and did not bring it up to the office of Adams &
Diaco, P.A. Hearing Trans. 55:24-56:2. Ms. Personius confirmed that Mr. Motroni retrieved the
briefcase, as did Mr. Motroni. Hearing Trans. 38:19-22, 129:3-10.
29. Although there was no testimony that J. Diaco had been called about the trial
briefcase, and in fact a representation that J. Diaco did not know about the trial briefcase until
after it was returned, Hearing Trans. 143:4-7, at 2:11pm, J. Diaco's Access Card was used at the
3
r d
floor entrance to the B of A parking garage, however, J. Diaco did not immediately walk from
the garage into the B of A building.
30. At 2:19pm, Mr. Motroni's Access Card was used at the 3
r d
floor entrance to the B
of A parking garage. He did not immediately walk from the garage into the B of A building
either. After about 7 minutes, at 2:26pm, Mr. Motroni walked into the third floor of the B of A
building carrying a trial briefcase.
31. About 20 minutes later, at 2:44pm, J. Diaco entered the third floor of the B of A
building.
32. About 2 minutes after J. Diaco walked into the B of A building, at 2:46pm, S.
Diaco's Access Card was used at the 3
r d
floor entrance to the B of A parking garage. At the
exact same time, J. Diaco ran out the third floor of the B of A building to the B of A parking
garage. He is not seen thereafter returning to the B of A building through the 3
r d
floor entrance
from the B of A parking garage.
33. About 5 minutes later, at 2:51pm, S. Diaco (speaking on his phone) walked into
the third floor of the B of A building.
34. S. Diaco testified that he made the decision that he and Mr. Motroni would return
Mr. Campbell's briefcase to Ms. Petronius, and have Ms. Petronius take a cab to the B of A
building and drop the briefcase at the security office (in the Jackson Street loading dock on the
first floor of the B of A building) or the offices of Shumaker, Loop & Kendrick. LLP. Hearing
Trans. 41:20-24, 56:4-9, 57:2-13,
35. At 3:21pm, S. Diaco and Mr. Motroni walked out the third floor of the B of A
building. They did not then appear to be carrying anything. About 2 minutes later, at 3:23pm,
Mr. Motroni's Access Card was used at the 3
r d
floor exit of t he B of A parking garage.
36. The drive from the B of A building to Ms. Personius' home takes about 15-20
minutes. Hearing Trans. 44:25-45:2, 64:5-6.
37. At 3:25pm, Jon Ellis, a partner with Shumaker, Loop & Kendrick, LLP working
on this case, returned an earlier call from S. Diaco, reaching Mr. Diaco on his mobile phone.
Hearing Trans. 22:1-23:5.
38. At that time, S. Diaco would have been on his way to Ms. Personius' house to
return the briefcase to her, but Mr. Diaco mentioned nothing about the briefcase to Mr. Ellis in
that conversation. Hearing Trans. 23:6-11.
39. S. Diaco and Mr. Motroni returned Mr. Campbell's briefcase to Ms. Personius
and instructed her to take a cab to the B of A building and drop the briefcase at either the security
office or the offices of Shumaker, Loop & Kendrick, LLP. Hearing Trans. 41:20-43:23,44:17-
24, 46:24-47:12, 48:10-14, 56:4-9, 57:2-13, 57:20-58:2, 65:11-66:4.
40. At 4:17pm, J. Diaco walked out the third floor ofthe B of A building.
41. About 4 minutes later, at 4:21pm, Mr. Motroni's Access Card was used at the 3
r d
floor entrance to the B of A parking garage, and at 4:24pm, S. Diaco (speaking on the phone)
and Mr. Motroni walked into the third floor of the B of A building.
42. Later, at 5:04pm, Mr. Ellis called S. Diaco again on his mobile phone and
specifically inquired whether Ms. Personius had Mr. Campbell's briefcase, at which time S.
Diaco finally advised Mr. Ellis that she did and was in the process of returning it to the security
office ofthe B of A building. Hearing Trans. 27:5-24.
43. Shumaker, Loop & Kendrick, LLP's main office doors are generally open until
6:00pm on business days. The elevator opens into the main lobby of the office, and the firm's
receptionist is present and visible as you step off the elevators, generally until 6:00pm on
business days. See Affidavit of Debbie Licht attached hereto as Exhibit" .."
44. Ms. Petronius testified that that afternoon she came back to the B of A building in
a cab and had the cab driver bring Mr. Campbell's trial briefcase to the lobby of Shumaker, Loop
& Kendrick, LLP. Hearing Trans. 43:8-16, 48:10-14.
45. At approximately 5:15pm, an unidentified man that appeared to be a cab driver
walked into the lobby of Shumaker, Loop & Kendrick, LLP carrying Mr. Campbell's trial
briefcase and left it at the front desk. At that time, Lori Nelson, a paralegal with Shumaker,
Loop & Kendrick, LLP that has been actively working on this case, was in the lobby and
recognized the briefcase as being Mr. Campbell's. Ms. Nelson immediately took possession of
T
OF F I CE OF THE STATE ATTORNEY
S I X T H J U D I C I A L C I R C U I T O F F L O R I D A
PA S C O A N D P I N E L L A S C O U N T I E S
BERNIE MCCABE
State Attorney
MAY 20, 2013
MR BRIAN MOTRONI
101 E KENNEDY BLVD
STE 2175
TAMPA FL 33602
Dear Mr. Mo t r o n i :
Th i s o f f i c e i s c u r r e n t l y i n v e s t i g a t i n g an a l l e g a t i o n o f
D.U.I, i n v o l v i n g . P h i l i p C a m p b e l l o c c u r r i n g o n J a n u a r y 23, 2013.
I t h as c ome t o my a t t e n t i o n t h a t y o u h av e i n f o r m a t i o n r e g a r d i n g
t h i s i n c i d e n t an d , as a r e s u l t , I am e x t e n d i n g y o u an
o p p o r t u n i t y t o p r o v i d e a s t a t e m e n t .
We w i l l be i n Tamp a a t 800 E. Tw i g g s St ., Room 602, o n May
23, 2013, bet w een t h e h o u r s o f 9:00 A.M. an d n o o n , t a k i n g
s t a t e m e n t s . Sh o u l d y o u p l a n t o a t t e n d , p l e a s e c o n t a c t my
i n v e s t i g a t o r , Ri c k H a r t , a t 727-464-6214, t o s c h e d u l e y o u r t i m e .
S i n c e r e l y ,
BERNIE Mc CABE,
St a t e At t o r n e y
BMC/0520dm25
- Post Office Box 5028, C l earwater, F l ori da 337S8 Telephone (727) 464-6221
OFFI CE OF THE STATE ATTORNEY
BERNIE MCCABE
State Attorney
MAY 20, 2013
MR STEPHEN DIACO
101 E KENNEDY BLVD
STE 2175
TAMPA FL 33602
Dear Mr. Di a c o :
Th i s o f f i c e i s c i l
i r r e n t
l y i n v e s t i g a t i n g an a l l e g a t i o n o f
D.U.I, i n v o l v i n g P h i l i p C a m p b e l l o c c u r r i n g o n J a n u a r y 23, 2013.
I t h as c ome t o my a t t e n t i o i ? t h a t y o u h av e i n f o r m a t i o n r e g a r d i n g
o p p o r t u n i t y t o p r o v i d e a s t a t e m e n t -
We w i l l be i n Tamp a a t 800 E. -
x
T
w i g g s St ., Room 602, o n May
23, 2013, bet w een t h e h o u r s o f 9:u'
A
-
M
-
a n d n o o n
' t a k i n g
s t a t e m e n t s . Sh o u l d y o u p l a n t o a c t e .
n d
' p l e a s e c o n t a c t my
i n v e s t i g a t o r , Ri c k H a r t , a t 727-4 64-6214, t" s c h e d u l e y o u r t i m e .
Si n c e r e l y ,
BERNIE Mc CABE,
BMC/0520dm22
i f
tr Post Office Box 5028, C l earwater, F l ori da 33758 Telephone (727> 464-6221
BERNIE MCCABE
State Attorney
MAY 20, 2013
MR ROBERT ADAMS
101 E KENNEDY BLVD
STE 2175
TAMPA FL 33602
Dear Mr. Ad ams :
D.U.I, i n v o l v i n g P h i l i p C a m p b e l l o c c u r r i n g o n J a n u a r y 23, 2013.
s t a t e m e n t s . Sh o u l d y o u p l a n t o a t t e n d , p l ea's'e c o n t a c t my
Si n c e r e l y ,
BERNIE Mc CABE,
BMC/0520dm23
. -Poat Office Box 5028, C l earwater, F l ori da 33758 Telephone (727) 464-6221
P A S C O A N D P I N E L L A S C O U N T I E S
BERNIE MCCABE
State Attorney
MAY 20, 2013
MR ADAM FILTH AUT
101 E KENNEDY BLVD
STE 2175
TAMPA FL 33602
Dear Mr. F i l t h a u t :
D.U.I, i n v o l v i n g P h i l i p Camp bel l o c c u r r i n g o n J a n u a r y 23, 2013.
s t a t e m e n t s . Sh o u l d y o u p l a n t o a t t e n d , p l e a s e c o n t a c t ' my
Si n c e r e l y ,
BERNIE Mc CABE,
BMC/0520dm24
Post O fR ce Box 5028, C l earwater, F l ori da 33758 Telephone (727) 464=6221
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htto://www.maDauest.com/ori nt?a=app.core.d9f 3e 19f 28815624d25da6ef 2115/2013
BERNIE MCCABE
State Attorney
F e b r u a r y 11, 2013
H onor a bl e P a t F r a nk ,
C l e r k of t he C i r c u i t C ourts^
H i l l s b o r o u g h C ount y C our t hous e
P os t O f f i c e Box 1110 / \ - f *
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R E :
E X E C U T I V E ORDER 13- 29
S T A T E V . C HARL E S P. C A MPBE L L , J R .
D ea r Ms. F r a nk :
E nc l os e d f o r f i l i n g i s E x e c u t i ve O r d er 13- 29. Y ou
a r e her eby n o t i f i e d t ha t I have a ppoi nt ed A s s i s t a n t
S t a t e A t t or ne y s Br uc e Ba r t l e t t , Be v e r l y A nd r i nga and
Wi l l i a m L ougher y , and S t a t e A t t or ne y I n v e s t i g a t o r s
D oyl e J our d a n and R i c ha r d H a r t pur s ua nt t o t he above
r e f e r e nc e d O r d e r . T hank you f or y our a s s i s t a n c e i n
t h i s ma t t e r .
S i n c e r e l y y ou r s ,
/
^ e r n i e McC abe
S t a t e A t t or ne y
BJ M c / e f
f M^ u d Pleadi ng
filed with _
H
b
^ ^ Co O e ^ of C t r c^C oon
Traffic DWWon
Staff*!*.
Post Office Box 5028, C learwater, F l orida 33758 Telephone (727) 464-6221
STATE OF FLORIDAg =
m m
z j rn
O F F I C E OF T HE GOVE RNOR
EXECUTIVE ORDER NUMBER 13-29
WHEREAS, the Honorable MARK A. OBER, State Attorney f or the Thi rteenth
Judi ci al Ci rcui t of Flori da, has advi sed Governor RICK SCOTT that Charles Phi li p
Campbell Jr. has been charged wi th dri vi ng under the i nf luence; and
WHEREAS, the Honorable MARK A. OBER has also advi sedthe Governor that he
has been subpoenaedby Campbell, the attorney representi ng the plai nti f f s, to testi f y i n the
case of Todd Schni tt and Mi chelle Schni tt v. Cox Radi o, Inc.. Bubba Radi o Network. Inc..
andBubba Clem; and
WHEREAS, the Honorable MARK A. OBER, to avoi dany appearance of conf li ct
of i nterest or i mpropri ety, has voluntari ly di squali f i edhi mself and has requested the
executi ve assi gnment of another State Attorney wi th respect to the i nvesti gati on and
prosecuti on of thi s case andall related matters; and
WHEREAS, the Honorable BERNTE MCCABE, State Attorney f or the Si xth
Judi ci al Ci rcui t of Flori da, has agreed to accept an executi ve assi gnment i n thi s matter, and
WHEREAS, i t i s i n the best i nterest of the State of Flori da andof the endsof justi ce
that the Honorable BERNIE MCCABE di scharge the duti es of the Honorable MARK A.
OBER, pursuant to Secti on 27.14, Flori da Statutes;
NOW, THEREFORE, I , RICK SCOTT, Governor of Flori da, i n obedi ence to my
solemn consti tuti onal duty to "take care that the laws be f ai thf ully executed," andpursuant
to the Consti tuti on and laws of the State of Flori da, i ssue the f ollowi ng Executi ve Order,
ef f ecti ve i mmedi ately:
Secti on 1.
The Honorable BERNIE MCCABE, State Attorneyf or the Si xth Judi ci al Ci rcui t of
Flori da, ref erred to as the "Assi gned State Attorney," i s assi gnedto di scharge the duti es of
the Honorable MARK A. OBER, State Attorney f or the Thi rteenth Judi ci al Ci rcui t of
Flori da, as they relate to the i nvesti gati on, prosecuti on and all matters related to Charles
Phi li p Campbell Jr.
Secti on 2.
The Assi gned State Attorney or one or more Assi stant State Attorneys and
Investi gators, who have been desi gnated by the Assi gned State Attorney, shall proceed
i mmedi ately to the Thi rteenth Judi ci al Ci rcui t of Flori da, and are vestedwi th the authori ty
to perf ormthe duti es prescri bed herei n.
Secti on 3.
All resi dents of the Thi rteenth Judi ci al Ci rcui t are requested, and all publi c of f i ci als
are di rected, to cooperate and render whatever assi stance i s necessaryto the Assi gned State
Attorney, so that justi ce may be served.
Secti on 4.
The peri od of thi s Executi ve Assi gnment shall be f or one (1) year, to andi ncludi ng
February 8,2014.
"~~~~Or igt oi Heading
died with
HtiteborouRi Co Clerk of Circuit Coart
Traf f i c DM***"
1
Secti on 5,
The Assi gned State Attorney shall noti f y the Governor on or bef ore January 8,2014,
i f addi ti onal ti me i s requi red.
I N TH E COUN TY COURT OF TH E TH I RTEEN TH J U D I C I A L CI RCUI T
I N A N D FOR H I L L SBOROUGH COUN TY, STA TE O F FL O RI D A
CRI M I N A L T R A F F I C D I V I S I O N
STA TE OF FL O RI D A
v .
CH A RL ES P H I L I P CA MP BEL L , J R.
CI TA TI O N N O.: 6 5 2 3 - X EP 2 . "
N O TI CE OF A P P EA RA N CE
COMES N OW t h e u n d e r s i g n e d a t t o r n e y a n d h e r e b y e n t e r s h i s
a p p e a r a n c e a s c o u n s e l f o r t h e D e f e n d a n t C h a r l e s P h i l i p Ca m p b e l l ,
J r .
Th e C l e r k i s r e q u e s t e d t o p r o m p t l y n o t i f y t h e u n d e r s i g n e d
a t t o r n e y o f t h e d a t e a n d t i m e o f a l l p r o c e e d i n g s a n d h e a r i n g s
r e l a t i n g i n a n y m a n n e r t o t h i s c a u s e t o e n s u r e t h e p r o m p t
a p p e a r a n c e o f t h e D e f e n d a n t a n d / o r t h e u n d e r s i g n e d c o u n s e l b e f o r e
t h e C o u r t .
D A TED a n d F I L E D t h i s / A d a y o f F e b r u a r y , 2 0 1 3
(JOHHS/M. FI TZ GI BBO N S
:i d a B a r N o. 6 0 1 0 4 7
Th e L a w O f f i c e s o f J o h n M. F i t z g i b b o n s
Ta m p a T h e a t r e B u i l d i n g
7 07 N o r t h F r a n k l i n S t r e e t , S u i t e 7 0 0
Ta m p a , F l o r i d a 3 3 6 02
Te l e p h o n e N o. (81 3 ) 2 2 1 - 880 0
WI T N E S S S U BPO E N A - C R I M I N A L
CI RCUI T COURT, HI LLSBOROUGH COUNTY, FLORI DA
STATE OF FLORIDA
VS.
INVESTIGATION CASE NO.
OFFENSE NO.
SUBPOENA TO APPEAR FOR INVESTIGATION
THE STATE OF FLORI DA, TO ALL AND SINGULAR THE SHERI FFS, STATE ATTORNEY I NVESTI GATORS, AND
AGENTS OF THE FLORI DA DEPARTMENT OF CRIMINAL LAW ENFORCEMENT.
YOU ARE HE RE BY COMMANDED TO SUBPOENA:
JOSHUA MOORE
To be and appear before the Court, on Tuesday, March 5, 2013. State Attorney's Office 800 E Twiggs Street Room 602
Tampa, F L 33602.
To testify in the above-styled Cause. APPROPRIATE ATTI RE REQUI RED.
N O T E : You are subpoenaed to appear by BERNI E McCABE, SPECI ALLY ASSIGNED STATE ATTORNEY, and unless
excused from this subpoena by this attorney or the Court, you shall respond to this subpoena as directed. I f you fail to
appear, you may be held in contempt of Court.
WITNESS, PAT FRANK, as Clerk ofthe
Circuit Court, and the seal of said Court, at the Courthouse,
Tampa, Florida.
Loughery/cel 2-27-13
If you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, youal
you to the provi si on of certai n assi stance. Wi thi n two (2) worki ng days of your recei pt of thi s subpoena pleasi
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(V/TDD).
C I RC UI T COURT, HI LLSBOROUGH COUNTY, FLORI DA
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
AGENTS OF THE FLORIDA DEPARTMENT OF CRIMINAL LAW ENFORCEMENT.
YOU ARE HEREBY COMMANDED TO SUBPOENA:
JOSHUA MOORE
To be and appear bef ore the Court, on Tuesday, March 5, 2013. State Attorney's Of f i ce 800 E Twi ggs Street Room 602
Tampa, FL 33602
To testi f y i n the above-styled cause. APPROPRIATE ATTIRE REQUIRED.
NOTE: You are subpoenaed to appear by BERNIE McCABE, SPECIALLY ASSIGNED STATE ATTORNEY, and unless
excused f rom thi s subpoena by thi s attorney or the Court, you shall respond to thi s subpoena as di rected. I f you f ai l to
appear, you may be held i n contempt of Court.
WITNESS, PAT FRANK, as Clerk of the
Ci rcui t Court, and the seal of sai d Court, at the Courthouse,
Tampa, Flori da.
PAT FRANK
Clerk of the Ci rcui t Court
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi i
you to the provi si on of certai n assi stance. Wi thi n two (2) worki ng days of your recei pt of thi s subpoena'
r %^ | | ^ ^ a^ j f ed^ at no cost to
ena ^f taa^^QtaeT the Of f i ce of
S U BPO E N A D U C E S T E C U M - C R I M I N A L
was ztrp
3)'}-h 3 1:30
STATE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA DUCES TE CUM
THE STATE OF FLORIDA, TOA L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
AGENTS OF THE FLORIDA DEPARTMENT OF CRIMINAL LA W ENFORCEMENT.
YOU AREHEREBY COMMANDED TO SUBPOENA:
RIVERGATE TOWER
400 N. ASHLEY DRIVE
TAMPA, FL 33602
To be and appear bef ore the State Attorney, Instanter by U.S. Mai l , 14250 49 Street North, Clearwater, FL 33762
APPROPRIATE ATTIRE REQUIRED
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t:. COPIES OF A L L SURVEILLANCE
CAMERA INFORMATION FOR JANUARY 23, 2013 BETWEEN 3 P.M. AND 11 P.M..
N O T E : You are subpoenaed to appear by BERNIE McCABE, SPECIALLY ASSIGNED STATE ATTORNEY, and unless
1130
Tampa, Flori da.
LOUGHERY/ CELJJ^ RUARY 14
PAT FRAjBOpV'
Clerk 0
If you are a persorf wi th a'di sabi li ty who needs any accommodati on i n order to parti ci pateHi WSôceedi ng,
you to the provi si on of certai n assi stance. Wi thi n two (2) worki ng days of your recei pt of thi s subpoena
Thi s request does not i nclude any HIV test records governed by F.S.381,substance abuse records governed b;
records of a mental health f aci li ty governed by F.S.394.459(9).' Noti ce has been mai ledto pati ent as requi ra
F.S.455.241.
Please contact us at 464-6034 i f cost of records wi ll exceed 100. pri or to sendi ng them.
^ P R O P E R T I E S
Mary E . Slatter, RPA, FMA
Seni or Property Manager
of f i ce: 813.229.2590
emai l: mslatter@i n-rel.com
S U BP O E N A D U C E S T E C U M - C R I M I N A L f 2 / f 3 ' '
STATE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA DUCES TECUM
THE STATE OF FLORIDA, TO A LL A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
MALI OS PRIME STEAKHOUSE
400 N ASHLEY DRIVE
TAMPA, FL 33602
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t:. ANY A ND A L L RECORDS
( INCLUDING BUT NOT LIMITED TO CREDIT CARD USE, TABS A ND RECEIPTS) BY MELISSA PERSONIUS,
CHARLES P. CAMPBELL A ND A D A M FILTHAUT. ADDITIONALLY ANY A ND A LL RECORDS ( INCLUDING
BUT NOT LIMITED TO CREDIT CARD USE, TABS A ND RECEIPTS) PERTAINING TO ADAMS & DEACO LA W
FIRM A ND SHUMAKER, LOOP A ND KENDRICK LA WFIRMON JANUARY 23, 2013 A ND JANUARY 24, 2013.
COPIES OF A L L SURVEILLANCE/ SECURITY CAMERA INFORMATIONFOR JANUSRY 23,2013 BETWEEN 3:00
P.M. A ND 11:00 P.M.
excused f r om thi s subpoena by thi s attorney or the Court, you shall respond to thi s subpoena as di rected. I f you f ai l to
4^1
1
-
PAT FRANK /^WA
/ / ) - . \) A / ) Clerk of the Ci rcui t
Tampa, Flori da.
^ LOUGHERY/ CEL F E B J J ^ Y 14, 2013
i thf s^f eei af hi If you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thf t^ref ee^tli hg, you are enti tled, at no cost to
you to the provi si on of certai n assi stance. Wi thi n two (2) worki ng days of your recei pt of thi s subpoena please contact the Of f i ce of
Thi s request does not i nclude any HIV test records governed by F.S.381,substance abuse records governed by F.S.396 or 397 and cli ni cal
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai led to pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
Please contact us at 464-6034 i f cost of records wi ll exceed $100. pri or to sendi ng them.
S U BP O E N A D U C E S T E C U M - C R I M I N A L
STATE OF FLORIDA
vs. ^
C
^
OFFENSE NO. 0 Z ?
THE STATE OF FLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, A ND
METROPCS WIRELESS INC
2250 LAKESIDE BLVD
RICHARDSON, TX 75082
A TTN: CUSTODIAN OF RECORDS AND/ OR AUTHORIZED DESIGNEE
To be and appear bef ore the State Attorney, Instanter by U.S. Mai l, 14250 49 Street North, Clearwater, FL 33762
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t:. SUBSCRIBER/ BILLING
INFORMATION, REGISTRATION INFORMATION, A L L RECORDS OF CALL DETAIL ( INCLUDING BUT NOT
LI MI TED TO INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGEDETAIL RECORDS, A ND
SMS OR TET MESSAGE LOGS)FOR PHONE NUMBER 813-850-1509 FROM JANUARY 21, 2013 THROUGH
JANUARY 27, 2013.
^ WITNESS, PAT FRANK, as Clerk of the
\}<*-
{
X- * - p Ci rcui t Court, and the seal of sai d Court, at the Courthouse,
^
t / Y
' v /
r
' ' Tampa, Flori da.
6 ^
\*5 ^ f U LOUGHERY/ CEL FEBRUARY 14,2013
PAT FRANK-' <^ >"
Clerk of the;i rcjui
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate* i nf l^^Kjeeedi ng, you are enti tled, at no cost to
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai led to pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
( t f ? 3 KeP
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A LL A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, A ND
YOU ARE HEREBY COMMANDED TOSUBPOENA:
METROPCS WIRELESS INC
2250 LAKESIDE BLVD
RICHARDSON, TX 75082
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t: . SUBSCRIBER/ BILLING
INFORMATION, REGISTRATION INFORMATION, A L L RECORDS OF CALL DETAIL( INCLUDING BUT NOT
LI MI TED TO INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE DETAIL RECORDS, AND
SMS OR TEXT MESSAGE LOGS) FOR PHONE NUMBER 813-850-1509 FROM JANUARY 21, 2013 THROUGH
JANUARY 27, 2013.
Tampa, Flori da.
LOUGHERY/ CEL FEBRUARY 14, 2013
PAT FRANK
Clerk of the C^cni
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate mk^s^ro^cseolti g, you are enti tled, at no cost to
Thi s request does not i nclude any HIV lest records governed by F.S.381,substance abuse records governed by F.S.396 or 397 and cli ni cal
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai ledlo pati ent as requi red by F.S.395..3025(4Xd) and
F.S.455.241.
BERNIE MCCABE
State Attorney
Feb r u ar y 12, 2013
METROPCS WI RELESS I N C
2250 LAKESI DE BLVD
RI CHARDSON TX 75082
ATTN : CUSTODI AN OF RECORDS AND/OR AUTHORI ZED DESI GN EE
Re: P r es er v a t ion L e t t e r I D : PL13-00141
Agency Case SA13-29, 13-29
D ear S i r :
P u r s u ant t o T18, U.S. Code, Sec t ion 2703 and Fl o r i d a St a t u t e
9 3 4 . 2 3 (7 )(a ), t h e f ol l ow in g ac c ou nt i s t h e s u b j ec t of an ongoing c r im in a l
i n v e s t i g a t i o n by t h e STATE ATTORN EY'S OFFI CE. Th is i s a r eq u es t t o
p r es er v e f or 90 day s, s u b s c r i b e r / b i l l i n g in f or m a t ion , r e g i s t r a t i o n
in f or m a t ion , a ^ l r ec or d s of c a l l d e t a i l (in c l u d in g b ut not l i m i t e d t o
inc oming, ou t going, b l oc k ed c a l l s , MMS or Media Message D e t a i l r ec or d s ,
and SMS or t ex t message l ogs ) and c e l l u l a r s i t e s (in c l u d in g any RTT or
Rea l Time Tool dat a) and c e l l u l a r s i t e "hand o f f s " among t ow er s , t h e
ac c ou nt inf or m at ion, c ont ent , in c l u d in g E-m a il , v oic em a il , t ex t messages,
p i c t u r e s , v ideo, and I P a d d r es s es when comput er f u n c t ion i s u t i l i z e d ,
i n c l u d i n g any I P s es s ion in f or m a t ion /d et a il r ep or t (in c l u d in g c e l l u l a r
s i t e s and t ow er l o c a t i o n s ), I P s ou r c e d e s t i n a t i o n r ep or t , and mob il e I M
or I n s t a n t Message r ep or t , and as n ec es s a r y , p r i v a t e messages be out p ut
t o a f l a t f i l e , p ending is s u a n c e of a c ou r t or der or ot h er p r oc es s , t o
in c l u d e a s ea r c h w ar r ant :
813- 850- 1509 FROM 01/ 21/ 2013 THROUGH 01/ 27/ 2013
P l ea s e ens u r e t h a t no a c t ion i s t ak en w h ic h would a l e r t t h e ac c ount
or t h e p er s ons in v ol v ed .
I f I may be of a s s i s t a n c e , p l ea s e c on t a c t A s s i s t a n t St a t e A t t or n ey
Gr egor y G. Gr oger a t (727) 464-6221, or Ly nn H os t ic k a , Donna Smit h , or
Samant ha Har r ingt on i n my ab s enc e. P l ea s e c onf ir m r e c e i p t and p r ov id e us
w i t h y our t r a c k in g number f or p r es er v a t ion r eq u es t s so t h a t we c an
r ef er en c e i t i n our c ou r t or d er /s ea r c h w ar r ant .
V er y t r u l y y ou r s ,
BERN I E McCABE, St a t e A t t or ney
Six t h s J u d i c i a l Ci r c u i t of Fl o r i d a
Gr egor y 'G. j Sr oger
A s s i s t a n t St a t e A t t or ney
GGG/LH
Post Office Box 5028, Clearwater, F L 33758 Telephone (727) 464-6221
t
TRANSMI SSI ON V E R I F I C A T I O N REPORT
TI ME
NAME
FAX
T E L
S E R . #
02/ 12/ 2013 17: 04
8000080008
0000000000
000E 1J 520062
DAT E , T I ME 02/ 12 17: 02
FAX NO./NAME 919728602635
DURATION 00: 01: 10
PAGE<S) 02
RE S ULT OK
MODE STANDARD
PRESERVATI ON LETTER
OFFICE OF THE STATE ATTORNEY
PASCOAND PINELLAS COUNTIES
BERNIE McCABE
State Attorney
CRIMINAL. INVESTIGATIONS DIVISION
FACSIMILE TRANSMISSION
COVER SHEET
DATE: February 12, 2013
TO: METROPCS WIRELESS INC
CUSTODIAN OF RECORDS AND/OR AUTHORIZED
DESIGNEE
ATTN:
FAX NO.: (972) 860-2635
FROM: LYNN HOSTICKA, CID
FAX: (727)464-7660 OFFICE NO.: (727)464-6760
LETTBR/PL13-<
SA13- 29V~
RE:
PRESERVATION LETTER 4 PL13-00141
AGENCY CASE #
813-850-1509 FROM 01/21/2013 THROUGH 01/27/2013
O U R F M A I I A n n R P f t S -
PRESERVATI ON LETTER
PASCOAND PINELLAS COUNTIES
BERNIE McCABE
State Attorney
CRIMINAL INVESTIGATIONS DIVISION
FACSIMILE TRANSMISSION
COVER SHEET
TO: METROPGS WIRELESS INC
CUSTODIAN OF RECORDS AND/OR AUTHORIZED
DESIGNEE
ATTN:
FAX NO: (972) 860-2635
FROM: LYNN HOSTICKA, CID
FAX: (727)464-7650 OFFICE NO..' (727)464-6760
RE:
PRESERVATION LETT!
AGENCY CASE # SA13-!
813-850-1509 FROM 01/21/2013 THROUGH 01/27/2013
OUR EMAIL ADDRESS:
saosubpoenarequest@co.pineHas.fl.us
NUMBER OF PAGES (INCLUDING COVER P AGE ) : ^
Please notify us immediately if this telecopy is not received
properly by calling (727) 464-6760 and asking for Lynn Hosticka, Donna
Smith, or Samantha Harrington
ORIGINAL DOCUMENTS WILL 3 WILL NOT FOLLOW.
Post Office Box 5028, Clearwater, Florida 33758 Telephone (727) 464-6221
S U BP O E N A D U C E S T E C U M - C R I MI N A L
STATE OF FLORIDA
VS.
INVESTIGATION CASE NO. CLT
OFFENSE NO.
CELLCO PARTNERSHIP DBA VERIZON WIRELESS
180 WASHINGTON VALLEY ROAD
BEDMINSTER, NJ 07921
INFORMATION, REGISTRATION INFORMATION, A LL RECORDS OF CALL DETAIL( INCLUDING BUT NOT
LI MI TED TO INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGEDETAIL RECORDS, AND
SMS OR TEXT MESSAGE LOGS) FOR PHONE NUMBER 813-486-5589 FROM JANUARY 21,2013 THROUGH
JANUARY 27, 2013.
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, you are enti tled, at no cost to
Human Ri ghts, 400 S. Fl. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(V/TDD).
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai ledto pati ent as requi red by F.S.395..3025(4Xd) and
F.S.455.241.
Tampa, Flori da.
Fr om VZW Sun 24 Feb 2013 05:20:12 AM EST
V er iz on Wir el es s Wor k f low Manager
Page 1 of 3
F A X C O V E R P A G E
To
Lynn Hosti cka
To Fax Number
7274647650
Fr om
Mi ke Saxton
Fr om Phone Number
Fr om Fax Number
8886670026
Case ID 1365047
Anal yst Name Mi chael Saxton
Comment s:
All avai lable records have been preserved. Please be advi sed that content records are no longer
avai lable as the requested date range li es beyond out 5-7 day retri eval peri od pri or to the date of
compli ance
P l ea s e not e, VzW f ax
number s have
changed t o:
Su b p oen a s : 888-667-0028
Co u r t O r d e r s : 888-667-0026
P l e a s e n ot e t h a t t h e t im e r e f l e c t e d on any c a l l d e t a i l r e p o r t or b i l l c op y i s
r e f l e c t i v e o f t h e s w i t c h t h a t p r o c e s s e d t h e c a l l , w h ic h may not be t i ?
e
same a s t h e
c l o c k t im e a t t h e c e l l s i t e w h er e t h e c a l l was i n i t i a t e d .
Th e i n f o r m a t i o n c o n t a i n e d i n t h i s mes s age and any a t t a c h m en t may be p r o p r i e t a r y
7
'
c o n f i d e n t i a l and p r i v i l e g e d or s u b j e c t t o t h e wor k p r od u c t d o c t r i n e and t h u s p r o t e c t e d
f r om d i s c l o s u r e . I f t h e r e a d e r of t h i s mes s age i s not t h e in t en d ed r e c i p i e n t , or an
em p l oy ee or . a gen t r e s p o n s i b l e f o r d e l i v e r i n g t h i s mes s age t o t h e in t en d ed r e c i p i e n t ,
y ou a r e h er eb y n o t i f i e d t h a t any d i s s e m i n a t i o n , d i s t r i b u t i o n or c op y in g of t h i s
c om m u n ic a t ion i s s t r i c t l y p r o h i b i t e d . I f y ou h av e r e c e i v e d t h i s c om m u nic at ion i n e r r o r ,
p l e a s e n o t i f y me im m ed ia t el y b y r e p l y i n g t o t h i s mes s age and d e l e t i n g i t and a l l c o p i e s
and b a c k u p s t h e r e o f . Th ank y ou .
02/24/2013 05:20:09 AM EST 1
i V / 1 1 1
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2/ 15/ 2013 10:46 0000000000
P A G E
92/02
PAS C O AND P I N E L L A S C O U N T I E S
BERNIE MCCABE
StateAttamey
Febr uar y 15, 2013
CELLCO PARTNERSHIP DBA VERI ZON WI RELESS
180 WASHINGTON VALLEY RD
BEDMINSTER N J 07921
ATTN : CUSTODIAN OF RECORDS AND/OR AUTHORIZED DESI GN EE
Re: P r es er v at ion L e t t e r I D: PL13-00147
Agency Case SA13-29, 13-29
Dear S i r :
Pur suant t o T18, U.S. Code, Sec t ion 2703 and Fl or id a St at u t e
934.23(7) (a ), t he f ol l ow ing account i s t he s u b j ec t of an ongoing c r im in a l
in v es t iga t ion by t h e STATE ATTORNEY'S OFFI CE. Th is i s a r eq uest t o
p r es er v e f or 90 day s, s u b s c r ib er /b il l in g inf or mat ion, r egis t r a t ion
inf or mat ion, a l l r ec or ds of c a l l d e t a i l (inc l u ding but not l im it ed t o
incoming, out going, b l oc k ed c a l l s , MMS or Media Message D et a il r ec or ds ,
and SMS or t ex t message l ogs) and c e l l u l a r s i t e s (inc l u ding any RTT or
Real Time Tool dat a) and c e l l u l a r s i t e "hand o f f s " among t ower s, t he
account inf or mat ion, cont ent , in c l u d in g E-mail , v oic em ail , t ex t messages,
p ic t u r es , video, and. I P addr esses when comput er f u nc t ion i s u t i l i z e d ,
in c l u d in g any I ? s es s ion inf or m at ion/det ail r ep or t (in c l u d in g c e l l u l a r
s i t e s and t ower l oc a t ion s ), I P sour ce d es t in a t ion r ep or t , ? nd mobile IM
or I n s t a n t Message r ep or t , and as nec es s ar y , p r iv a t e messaged be out put
t o a f l a t f i l e , pending is s u anc e of a c ou r t or der or ot h er p r oc es s , t o
inc l u de a s ear c h w ar r ant :
813-486-5589 FROM 01/ 21/ 2013 THROUGH 01/ 27/ 2013
P l eas e ensur e t h at no ac t ion i s t ak en which would a l e r t t he account
or t h e per sons inv ol v ed.
I f I may be of a s s is t a n c e, p l eas e c ont ac t A s s is t a n t St at e A t t or ney
Gr egor y G- Gr oger at (727) 4 64-6221, or Lynn Hos t ic k a, Donna Smit h, or
Samant ha Har r ingt on i n my absence. P l eas e conf ir m r ec eip t and p r ovide us
w it h your t r a c k in g number f or p r es er v at ion r eq u es t s so t h at we can
r ef er enc e i t in our c ou r t or der /s ear c h w ar r ant .
Ver y t r u l y your s,
BERN I E McCABE, St at e At t or ney
Six t h J u d ic ia l Cir c u it of Fl or id a Six t h J u d i c i a l Ci r
Gr egor y G.'Gr oger sgor y G.'Gr oger
A s s is t a n t St at e At t or ney
GGG/LH
Post Office Box 5028, Clearwater, F L 33758 Telephone (727) 464-622)
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRI MI NAL LA W ENFORCEMENT.
A T&T
SUBPOENA CENTER
308 S. A KA RD STREET
1 4
t h
FLOOR M
DALLAS, TX 75202
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t: . SUBSCRIBER/ BILLING
INFORMATION, REGISTRATION INFORMATION, A L L RECORDS OF CALL DETAIL ( INCLUDING BUT NOT
LI MI TED TOINCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE DETAI L RECORDS, A ND
SMS OR TEXT MESSAGE LOGS)FOR PHONE NUMBER 813-598-8444 FROM JANUARY 21, 2013 THROUGH
JANUARY 27, 2013.
WITNESS, PAT FRANK, as Clerk of t he
Tampa, Flori da.
PAT FRANK-r
Clerk of the
D. ^ .
f
If you are a person wi th a di sabi li ty who needs any accommodati on i n order lo parti ci pate i MSRjy^jneaeeai ng, you are enti tled, at no cost to
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai ledto pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.24I.
Pleasecontact us at 464-6034 i f cost of records wi ll exceed SI 00. pri or to sendi ng them.
WI T N E S S S U BP O E N A - C R I M I N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRIMINAL LA WENFORCEMENT.
VANESSA FYKES
To be and appear bef ore the Court, on Tuesday, March 5, 2013 at 10:00 A . M. State Attorney's Of f i ce 800 E Twi ggs Street
Room602 Tampa, FL 33602.
3
Ci rcui t Court, and the seal of sai d Court, at tli e Courthouse,
Tampa, Flori da.
PAT FRANK
If you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, yoo\%&>?f tTtled, at no cost to
STATE OF FLORIDA
VS.
INVESTIGATION CASE NO. Q Q fc> ^ <9 3
OFFENSE NO.
CELLCO PARTNERSHIP DBA VERIZON WIRELESS
180 WASHINGTON VALLEY ROAD
BEDMINSTER, NJ 07921
LI MI TED TO INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE DETAIL RECORDS, A ND
SMS OR TEXT MESSAGE LOGS) FOR PHONE NUMBER 813-610-4833 FROM JANUARY 21,2013 THROUGH
JANUARY 27, 2013.
WITNESS, PATFRANK, as Clerk of t he
Tampa, Flori da.
PAT FRANK
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n mi s proceedi ng, yWwfiî ui tled, at no cost to
records of a mental health f aci li ty governed by F.S.394.459(9). Noti cehas been mai led to pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
Pleasecontact us at 464-6034 i f cost of records wi ll exceed $100. pri or to sendi ng them.
WJ T N E S S S U BPO E N A - C R I M I N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L AND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, A ND
Raymond Fernandez
Tampa Poli ce Department
To be and appear bef ore the Court, on Tuesday, March 5,2013, at 10:30 A. M. , State Attorney's Of f i ce 800 E Twi ggs Street
Room 602 Tampa, FL 33602
, J k WITNESS, PAT FRANK, as Clerk of the
( ^ f ^ Ci rcui t Court, and the sea'J of sai d Court, at the Courthouse,
S$J . Tampa, Flori da.
PAT FRANK
< \ Clerk of the/Ci rcui t Court
By e
' Deputy Clerk % . _
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, you'arVSrrtTtled, at no cost to
WJ T N E S S S U BPO E N A - C R I M I N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
Raymond Fernandez
NOTE: You are subpoenaed to appear by BERNIE McCABE, SPECIALLYASSIGNED STATE ATTORNEY, and unless
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order lo parti ci pate i n thi s proceedi ng, ybu are enti tled, at no cost to
Tampa, Flori da.
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEYINVESTIGATORS, AND
Ti mothy McGi nni s
Tampa, Flori da.
y Deputy Clerk
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEYINVESTIGATORS, A ND
AGENTS OF THE FLORIDA DEPARTMENT OF CRI MI NAL LA WENFORCEMENT.
Ti mothy McGi nni s
To be and appear bef ore the Court, on Tuesday, March 5, 2013, at 11:00 A. M. , State Attorney's Of f i ce 800 E Twi ggs Street
To testi ly i n the above-styled cause. APPROPRIATE ATTIRE REQUIRED.
N O T E : You are subpoenaed to appear by BERNIE McCABE, SPECIALLYASSIGNED STATE ATTORNEY, and unless
Tampa, Flori da.
PAT FRANK
Byr. . . , . .
/ ' Deputy Clerk ' ^ i * ? *
I f you arc a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedm&^qL jjeôf ltUed, al no cost to
Human Ri ghts, 400 S. Ft Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(V/TDD).
WI TNCSJS S U BPO E N A - C R I M I N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRI MI NAL LA WENFORCEMENT.
JOHN ELLIS
To be and appear bef ore the Court, on Tuesday, March 5, 2013 at 2:00 P.M. State Attorney's Of f i ce 800 E Twi ggs Street
Room602 Tampa, FL 33602
To testi f y i n tli e above-styled cause. APPROPRIATE ATTIRE REQUIRED.
Tampa, Flori da.
PAT FRANK
Clerk of theXi rcui t Court
/ Deputy Clerk W
I f you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, you are (Km^gjg^f i bâst to
you to the provi si on of certai n assi stance. Wi thi n two (2) worki ng days of your recei pt of thi s subpoena please cont\i K'Bi Js
v
^5r*f i ce of
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(VADD).
WI T N E S S S U BP O E N A - C R I M I N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
MI CHA EL TRENTALANGE
To be and appear bef ore the Court, on Tuesday, March 5, 2013 at 1:00 P.M. State Attorney's Of f i ce 800 E Twi ggs Street
N O T E : You are subpoenaed to appear by BERNIE McCABE, SPECIALLYASSIGNED STATE ATTORNEY, and unless
Tampa, Flori da.
STATE OF FLORIDA
VS.
OFFENSE NO
SHUMAKER, LOOP& KENDRICK LLP
101 E KENNEDY BLVD
SUITE 2800
TAMPA, FL 33602
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t:. ANYA ND A LL RECORDS FROM
MALI OS PRIME STEAKHOUSE.
WITNESS, PATFRANK, as Clerk of the
Tampa, Flori da.
LOUGHERY/ CEL FEBRUARY 25, 2013 j - ^ U I T
PAT FRANK
Clerk of the (/i i jbui t Court
By:_
Deputy Clerk
F.S.455.241.
Subpoena Tracking History
Applied Criteria: Agency = SAO; Agency Number = 13-29;
Subpoena: 13-00406 Requested Date: 02/ 19/ 2013
Cur r ent Status as of 04/ 15/ 2013: RE C ORDS S E NT/ C LO S E D
Recipient METROPCS WI RELESS INC
Requested By INV RICK HART
04/15/2013
04/15/2013
04/12/2013
04/12/2013
03/15/2013
02/19/2013
02/19/2013
02/19/2013
02/19/2013
02/19/2013
Status
RECORDS SENT/CLOSED
OTHER
RECORDS RECEI VED
OTHER
OTHER
OTHER
SERVED
OTHER
OTHER
CREATED
Request Details
813-850-1509 FROM 01/21/2013 THROUGH 01/27/2013
Status Notes
VIA HAND
SAVED ON DISK
VIA EMAIL, NO RECORDS FOR DATE RANGE
EMAIL LOOKING F/RECORDS
EMAIL TO CONFIRM RECEIPT-TRACKING*
CONFIDENTIAL
VIA EMAIL HILLSBOROUGH SUBPOENA & CERTIFICATION
GI VE RECORDS TO INV RICK HART
HILLSBOURGH COUNTY SUBPOENA
ADDED BY SYSTEM UPON CREATION OF SUBPOENA RECORD
Total Amount from Related I nvoices: $0.00
Cur r ent Status as of 02/ 28/ 2013: RE C O RDS S E NT/ C LO S E D
Recipient CELLCO PARTNERSHIP DBA VERIZON
WI RELESS
Requested Bv INV RICK HART
02/28/2013
02/28/2013
02/22/2013
02/22/2013
02/22/2013
02/22/2013
02/22/2013
RECORDS SENT/CLOSED
RECORDS RECEI VED
OTHER
OTHER
SERVED
OTHER
CREATED
Request Detai ls
813-486-5589 FROM 01/21/2013 THROUGH 01/27/2013.
Status Notes
TO RICK HART ON DISK
VIA EMAIL
GI VE INV RICK HART RECORDS
CONFIDENTIAL
VIA FAX
HILLSBOROUGH CO SUBPOENA
Fri day, May 24,2013 Page 1 of 19
Cur r ent Status as of 04/ 19/ 2013: RECORDS SENT/CLOSED
Reci pi ent AT&T
04/19/2013
04/19/2013
04/12/2013
02/22/2013
02/22/2013
02/22/2013
02/22/2013
02/22/2013
Status
RECORDS SENT/CLOSED
RECORDS RECEIVED
OTHER
OTHER
OTHER
SERVED
OTHER
CREATED
Request Details
813-598-8444 FROM 01/21/2013 THROUGH 01/27/2013
Status Notes
VIA INTEROFFICE-HAND D a TO HART
VIA MAIL-34 PGS.
COMMENTS
GI VE INV RICK HART RECORDS
CONFIDENTIAL
VIA FAX
HILLSBOROUGH CO SUBPOENA
Recipient CELLCO PARTNERSHIP DBA VERIZON
WI RELESS
Request Details
813-610-4833 FROM 01/21/2013 THROUGH 01/27/2013.
Date Status Status Notes
04/04/2013 RECORDS SENT/CLOSED VIA INTEROFFICE
04/04/2013 RECORDS RECEIVED VIA MAIL 2 PGS DISK
03/11/2013 OTHER WAITING ON CORRECT DATES
03/11/2013 OTHER SEE BROWN SEALED ENVELOPE, DELETED OF CID-SAOSUBP
03/11/2013 OTHER SEE COMMENTS
03/08/2013 RECORDS SENT/CLOSED VIA HAND
03/08/2013 OTHER SAVED ON DISK FOR INV HART
03/05/2013 RECORDS RECEIVED VIA EMAIL (SEE SEALED ENVELOPE)
03/04/2013 OTHER CONFIDENTIAL
03/04/2013 OTHER GI VE RECORDS TO INV RICK HART
03/04/2013 SERVED VIA FAX (SUBPOENA & CERTinCATI ON)
03/04/2013 OTHER HILLSBOROUGH COUNTY SUBPOENA
03/04/2013 CREATED ADDED BY SYSTEM UPON CREATION OF SUBPOENA RECORD
Fri day, May 24, 2013 Page2 of 19
Current Status as of 03/ 22/ 2013: RECORDS SENT/CLOSED
Rf i cjf i i ent T-MOBILE USA Request Detai ls
Requested Bv INV RICK HART REFERENCE CELLULAR FAaLTTY 727-505-2847, SUBSCRIBER
BIOGRAPHICAL, BILLING, PAYMENT METHOD, HISTORY, CREDI T CARD
OR CHECKING NUMBER, CALL DETAIL, INCLUDING BLOCKED CALLS,
WITH READING KEY, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO
MOBILE/DIRECT CONNECT, ANY PUSH TO TALK OR SIMILAR FEATURE)
AND INCLUDING DATE AND TI ME DETAILS FOR OTHER INCLUDED
CHARGED OR UN-CHARGED SERVI CES SUCH AS TEXT/PIX CAPABILITY
BUT EXaUDI NG ACTUAL CONTENT OF TEXT/PI X FOR 01/23/2013
THROUGH 01/25/2013 AND FOR PRE-PAID PHONE, DEALER/RETAIL
INFORMATION AND SPECI FI C PAYMENT DETAILS. I F NOT YOUR
ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER.
03/22/2013 OTHER SAVED ON DISK
03/22/2013 RECORDS RECEIVED VIA EMAIL
03/20/2013 SERVED RE-FAXED TO EXEDI TE FAX # W/ EXPEDITE FORM
03/20/2013 OTHER USE CREDI T CARD PER BARTLETT VIA INV HART
03/18/2013 SERVED VIA FAX
03/18/2013 OTHER RECD HILLSBOURGH COUNTY SUBPOENA FROM INV HART
Fri day, May 24,2013
Page3 of 19
Reci pi ent AT&T
Bate Status
03/25/2013 RECORDS SENT/CLOSED
03/25/2013 RECORDS RECEI VED
03/18/2013 OTHER
03/18/2013 SERVED
03/18/2013 OTHER
03/18/2013 CREATED
Request Detai ls
REFERENCE CELLULAR FACILITY 813-482-2828, SUBSCRIBER
CHARGED OR UN-CHARGED SERVI CES SUCH AS TEXT/PDC CAPABILITY
BUT EXCLUDING ACTUAL CONTENT OF TEXT/PI X FOR 01/23/2013
Status Notes
ON DISK TO HART
VIA EMAIL
CONFIDENTIAL
VIA FAX
RECD HILLSBOROUGH CO SUBPOENA FROM INV HART
Fri day, May 24, 2013 Page 4 of 19
^ Reci pi ent SPRINT NEXTEL CORPORATION Request Details
Requested By INV RICK HART REFERENCE CELLULAR FAaLTTY 954-243-3197, SUBSCRIBER
AND INCLUDING DATE AND TIME DETAILS FOR OTHER INCLUDED
CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PI X CAPABILITY
INFORMATION AND SPECIFIC PAYMENT DETAILS. I F NOT YOUR
Date Status
status notes
03/28/2013 RECORDS SENT/CLOSED INTEROFFICE ON DISK
03/28/2013 RECORDS RECEIVED BY EMAIL
03/18/2013 OTHER RECD HILLSBOROUGH CO SUBPOENA FROM INV HART
Fri day, May 24, 2013 Page5of 19
Recipient CELLCO PARTNERSHIP DBA VERIZON Reauest Details
WI RELESS
Requested By INV RICK HART REFERENCE CELLULAR FAaLTTY 813-541-0397, SUBSCRIBER
CHARGED OR UN-CHARGED SERVI CES SUCH AS TEXT/PI X CAPABILITY
Date Status status Notes
04/01/2013 RECORDS SENT/CLOSED PRINT OUT TO INV HART VIA HAND
03/28/2013 RECORDS RECEIVED VIA EMAIL "A" CERTIFICATION
03/28/2013 RECORDS SENT/CLOSED INTEROFFICE ON DISK
Fri day, May 24,2013 Page6 of 19
Recipient AT&T
BUT EXCLUDING ACTUAL CONTENT OF TEXT/PD< FOR 01/23/2013
Status Notes
04/02/2013 RECORDS RECEIVED VIA MAIL-4 PGS.
1
Fri day, May 24, 2013
Page7 of 19
Recipient AT&T
Request Details
REFERENCE CELLULAR FAQLrTY 727-871-6498, SUBSCRIBER
CHARGED OR UN-CHARGED SERVI CES SUCH AS TEXT/PD( CAPABILITY
Status Notes
j Cur r ent Status as of 04/ 04/ 2013: RECORDS SENT/CLOSED
Reci pi ent AT&T Request Detai ls
Requested By INV RICK HART REFERENCE CELLULAR FAaLJTY 321-749-1203, SUBSCRIBER
CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PTX CAPABILITY
Pate Status
status Notes
04/04/2013 RECORDS RECEIVED VIA MAIL ONE PAGE AND A DISK
Cur r ent Status as of 04/ 01/ 2013: RECORDS SEmyCLOSED
Recipient SPRINT NEXTEL CORPORATION Request Details
Requested By INV RICK HART REFERENCE CELLULAR FAQLTrY 813-498-9188, SUBSCRIBER
ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER
04/01/2013 RECORDS SENT/CLOSED VIA INTEROFFICE-HAND DEL TO R.HART
03/20/2013 OTHER CONFIDENTAIL
Fri day, May 24,2013
Page 10 of 19
Recipient LEVEL 3 COMMUNICATIONS
Requested By INV RICK HART REFERENCE CELLULAR FACILITY 813-413-5229, SUBSCRIBER
Pate Status Status Notes
03/26/2013 RECORDS SENT/CLOSED PRINTED OUT FOR RICK HART
Fri day, May 24, 2013 Page11 of 19
Reci pi ent T-MOBI LEUSA Request Detai ls
CHARGED OR UN-CHARGED SERVI CES SUCH AS TEXT/PTX CAPABILITY
BUT EXCLUDING ACTUAL CONTENT OF TEXT/PTX FOR 01/25/2013
03/21/2013 RECORDS SENT/CLOSED TO RICK HART, SAVED ON DISK
03/21/2013 RECORDS RECEI VED BY EMAIL
03/20/2013 SERVED VIA FAX W/ EXPEDITE FORM
03/20/2013 OTHER EXPEDITE PER BARTLETTE
Reci pi ent AT&T
Request Details
Requested By I NV RICK HART
REFERENCE CELLULAR FAaLTTY 813-956-6214, SUBSCRIBER
MOBI LE/DI RECT CONNECT, ANY PUSH TO TALK OR SIMILAR FEATURE)
03/25/2013 RECORDS SENT/CLOSED INTEROFFICE TO RICK HART
03/25/2013 RECORDS RECEIVED BY EMAIL - NOT AT&T NOW VERIZON
Request Detai ls
REFERENCE CELLULAR FAaLTTY 813-966-3066, SUBSCRIBER
BIOGRAPHICAL, BILLING, PAYMENT METHOD, HISTORY, CREDIT CARD
INFORMATION AND S PE O R C PAYMENT DETAILS. I F NOT YOUR
Bate Status Status Notes
04/02/2013 RECORDS S E NT/ aO S E D VIA INTEROFFICE
Recipient AT&T
Fri day, May 24,2013 Page 14of 19
Cur r ent Status as of 04/ 30/ 2013: RECORDS SENT
Recipient CELLCO PARTNERSHIP DBA VERIZON Request Details
WI RELESS
INFORMATION AND SPE QF I C PAYMENT DETAILS. I F NOT YOUR
04/30/2013 RECORDS SENT VIA INTEROFFICE HAND DEL TO HART
04/30/2013 RECORDS RECEIVED VIA MAI L- 15 PGS.
Recipient TRACFONE WI RELESS, I NC/ TRACFONE Request Details
WI RELESS D/B/A SIMPLE MOBILE
INFORMATION AND SPE OF I C PAYMENT DETAILS. I F NOT YOUR
Bate
Status
status Notes
05/01/2013 RECORDS SENT/CLOSED INTEROFFICE
05/01/2013 RECORDS RECEI VED VIA EMAIL - NOT A TRACFONE
Recipient NOBEL USA
Requested By INV RICK HART REFERENCE CELLULAR F AaLI TY 813-413-5229. SUBSCRIBER
INFORMATION AND S PE O R C PAYMENT DETAILS. I F NOT YOUR
ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER
04/08/2013 RECORDS SENT/CLOSED I NTEROFRCE - PRINTED
04/05/2013 RECORDS RECEIVED BY EMAIL - NO LONGER THEIR NUMBER
04/05/2013 OTHER CONRDENTIAL
Recipient SPRINT NEXTEL CORPORATION
Oats
04/29/2013
04/29/2013
04/24/2013
04/24/2013
04/24/2013
04/16/2013
04/16/2013
04/16/2013
04/16/2013
Status
RECORDS SENT/CLOSED
RECORDS RECEIVED
RECORDS SENT/CLOSED
OTHER
RECORDS RECEIVED
OTHER
SERVED
OTHER
CREATED
Request Details
SUBSCRIBER/BILLING INFORMATION, REGISTRATION INFORMATION,
ALL RECORDS OF CALL DETAIL (INCLUDING BUT NOT LIMITED TO
INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE
DETAIL RECORDS, AND SMS OR TEXT MESSAGE LOGS) FOR PHONE
NUMBER 813-850-1509 FROM 01/21/2013 THROUGH 01/27/2013.
Status Notes
HAND DEL TO RICK HART
VIA MAIL -ONE PG-ORIG CERTI RCATI ON
VIA HAND
SAVED ON DISK
VIA EMAIL
CONFIDENTIAL
VIA FAX
RECD HILLSBOROUGH CO SUBPOENA FROM INV HART
Subpoena: 13-01183
Requested Date: 05/ 07/ 2013
Cur r ent Status as of 05/ 21/ 2013: RE CORDS S E NT/ C LO S E D
Recipient AT&T
Requested By INV RICK HART PROVIDE SUBSCRIBER/BILLINi? INFORMATION FOR 01/23/2013 AND
01/24/2013 FOR THE FOLLOWING NUMBERS: 813-610-6095, 813-2G0-
0299, 813-494-8884, 727-437-9285, 727-656-5557 & 850-637-7249.
05/21/2013 RECORDS RECEIVED VIA MAIL 10 PGS.
p
Page 17of 19
j Cur r ent Status as of 05/ 07/ 2013: RECORDS SENT/CLOSED
Reci pi ent VERIZON FLORIDA Request Detai ls
Requested By INV RICK HART PROVIDE SUBSCRIBER/BILLING INFORMATION FOR 01/23/2013 AND
01/24/2013 FOR THE FOLLOWING NUMBER: 813-877-2870.
Pate Status Status Motes
05/07/2013 RECORDS SENT/CLOSED VIA INTEROFFICE -HAND DEL TO HART
05/07/2013 RECORDS RECEIVED VIA FAX-NO RECORDS
Recipient BRIGHTHOUSE NETWORKS C/O Bejui sst. Detai ls
NEUSTAR
Requested By INV RICK HART PROVIDE SUBSCRIBER/BILLING INFORMATION FOR 01/23/2013 AND
01/24/2013 FOR T HE FOLLOWING NUMBER: 813-835-3836.
Pate
Status
Status Note?
05/15/2013 RECORDS SENT/CLOSED PRINTED FOR INV ,HART
05/15/2013 RECORDS RECEI VED BY EMAIL
05/07/2013 OTHER RECD HILLSBOROUGH CO SUBPOENA FRO.M INV HART
Page 18of 19
I Subpoena: 13-01186 Requested Date: 05/ 07/ 2013
Recipient CELLCO PARTNERSHIP DBA VERIZON Request Details
WI RELESS
Requested Bv INV RICK HART PROVIDE SUBSCRIBER/BILLING INFORMATION FOR 01/23/2013 AND
01/24/2013 FOR THE FOLLOWING NUMBER: 813-610-9016.
Gate
Status Status Notes
05/24/2013 OTHER SAVED ON DISK
05/22/2013 RECORDS RECEIVED VIA EMAIL
05/07/2013 OTHER CONRDENTIAL
Total Subpoenas I ssued: 24
Total I nvoice Amount: $170. 00
Page 19 of 19
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEYINVESTIGATORS, A ND
MELISSA PERSONIUS
To be and appear on Thursday, May 23,2013, at 10:00 A. M. , at 800 E. Twi ggs Street Room 602 Tampa, FL 33602
Tampa, Flori da.
BILL LOUGHERY/ CEL 5-20-13
PAT FRANK
By: <zZ
Deputy Clerk
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756- (727)464-4062(V/TDD).
S U BPO E N A D U C E S T E C U M - C R I MI N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
CINGULAR WIRELESS
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t: . PROVIDE SUBSCRIBER/ BILLING
INFORMATION FOR JANUARY 23,2013 A ND JANUARY 24, 2013 FOR THE FOLLOWING NUMBERS:
813-610-6095, 813-260-0299, 813-494-8884, 727-437-9285, 727-656-5557 & 850-637-7249.
j : >- v
,
l t >oy '.
WITNESS, PATFRANK, as Clerk of the
Tampa, Flori da.
LOUGHERY/ CEL MA Y 2, 2013
PAT FRANK
By:
Deputy Clerk
If you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, you are enti tled, at no cost to
records of a mental health f aci li ty governed by F.S.394.459(9). Noti cehas been mai ledto pati ent as requi redby F.S.395..3025(4)(d) and
F.S.455.241.
(^4 QAaa^X
S UBPO E NA D U C E S T E C U M - C R I MI N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TOA LL A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
VERIZON FLORIDA INC.
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t: . PROVIDE SUBSCRIBER/ BILLING
INFORMATION FOR JANUARY 23,2013 AND JANUARY 24, 2013 FOR THE FOLLOWING NUMBER:
813-877-2870.
WITNESS, PATFRANK, as Clerk of t he
Tampa, Flori da.
PAT FRANK
Deputy Clerk
Thi s request does not i nclude any HIV lest records governed by F.S.381,substance abuse records governed by F.S.396 or 397 and cli ni cal
records of a mental health f aci li ty governed by F.S.394.459(9). Noti ce has been mai ledto pati ent as requi red by F.S.395..3025(4Xd) and
F.S.455.241.
S U BP O E N A D U C E S T E C U M - C R I MI N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
BRIGHTHOUSE NETWORK INFORMATION SERVICE
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t:. PROVIDE SUBSCRIBER/ BILLING
INFORMATION FOR JANUARY 23, 2013 A ND JANUARY 24,2013 FOR THE FOLLOWING NUMBER:
813-835-3836.
~ ;. \ " '. - * j Ci rcui t Court, and tli e seal of sai d Court, at the Courthouse,
'.'l^--V/v"-.!.'!, Tampa, Flori da.
c
t ; } f PAT FRANK
By:..
Deputy Clerk
F.S.455.241.
STATE OF FLORIDA
VS.
OFFENSE NO.
CELLO PARTNERSHIP DBA VERIZON WIRELESS
To be and appear bef ore the State Attorney, Instantef by U.S. Mai l, 14250 49 Street North, Clearwater, FL 33762
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed
i t e m s
>
t 0 w i t :
- PROVIDE SUBSCRIBER/ BILLING
INFORMATION FOR JANUARY 23,2013 A ND JANUARY 24, 2013 Ft?.R
T H E
FOLLOWING NUMBER:
813-610-9016.
N O T E : You are subpoenaed to appear by BERNIE McCABE, SPECIALLY A S S l C
, N E D
STATE ATTORNEY, and unless
excused f r om thi s subpoena by thi s attorney or the Court, you shall respond to thi s subpoena
a s
di rected. I f you f ai l to
WITNESS, PATFRANK, as Clerk of f he
r'~, *' U , Ci rcui t Court, and the seal of sai d Court, <2t the Courthouse,
" ^ V V ' ' - " ' -
1
' / ^ " ? , Tampa, Flori da.
$ : *. * LOUGHERY/ CEL MA Y 2, 2013
f'i2l t'LS^ t r 6
:
' / .f ^N**^**.**,^ PAT FRANK
' / T V . < w ^ * V -
Deputy Clerk
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Cleanvater, FL 33756. (727)464-4062(V/TDD).
F.S.455.241.
STATE OF FLORIDA
VS.
OFFENSE NO.
SPRINT NEXTEL CORP.
LI MI TED TO INCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE DETAIL RECORDS, A ND
SMS OR TEXT MESSAGE LOGS) FOR PHONE NUMBER 813-850-1509 FROM JANUARY .21, 2013 THROUGH
JANUARY 27, 2013.
excused f rom thi s subpoena by thi s attorney or the Court, you shall respond to thi s subpoena as di rected'. I f you f ai l to
Tampa, Flori da.
LOUGHERY/ CEL APRIL 14, 2013 .
%P\*\l%3 PAT FRANK
By:
H x w ^ "
0
' Deput/ tTerk
If you are a person wi th a di sabi li ty who needs any accommodati on i n order to parti ci pate i n thi s proceedi ng, you are enti tled, al no cost to
F.S.455.241.
Please contact us al 464-6034 i f cost of records wi ll exceed $100. pri or to sendi ng them.
SUBPOENA DUCES TECUM - CRIMINAL
TATE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA DUCES TE C UM
AGENTS OF THE FLORIDA DEPARTMENT OF LA W ENFORCEMENT.
T H I S S U BPO E N A I S I S S U E D PU R S U A N T T O F L O R I D A S T A T U E s. 92.605. A R E S P O N S E I S D U E WI T H I N 20
BU S I N E S S D A Y S O F R E C E I P T O F T H I S S U BPO E N A U N L E S S A L O N G E R T I M E P E R I O D I S S T A T E D H E R E I N .
YOU ARE HEREBY COMMANDED TO SUBPOENA: CUSTODIAN OF RECORDS AND/ OR AUTHORIZED DESIGNEE,
SUBPOENA CENTER T-MOB1LE: OR SUBSEQUENT PROVIDER
You are subpoenaed by Berni e McCabe, Speci ally Assi gned State Attorney, to comply INSTANTER. The i nf ormati on may be
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Str Street N..
Room 1000, Clearwater, FL 33762; or by Facsi mi le to (727) 464-7650; or by electroni c f ormat to
saosubpoenarequest@,co.pi nellas.f l.us.
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to wi t: REFERENCE CELLULAR FACILITY
727-505-2847, SUBSCRIBER BIOGRAPHICAL, BILLING, PAYMENT METHOD, HISTORY, CREDIT
CARD OR CHECKING NUMBER, CALL DETAIL, INCLUDINGBLOCKED CALLS, WITH READING
Y, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
OTALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
INCLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX CAPABILITYBUT
EXCLUDING ACTUAL CONTENT OF TEXT/PIX FOR JANUARY 23, 2013 THROUGH JANUARY 25,
2013 AND FOR PRE-PAID PHONE, DEALER/RETAIL INFORMATIONAND SPECIFIC PAYMENT
DETAILS. IFNOT YOUR ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER. ALSO,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHE D.
IF YOUHAVE ANYQUESTIONS, PLEASE CALL LYNN HOSTICKA, DONNA SMITH, OR
SAMANTHA HARRINGTON AT (727) 464-6760.
NOTE: Flori da law authori zes us to pay up to $0.15 per page and $10.00 per hour f or research or retri eval. Pri or
to i ncurri ng costs exceedi ng $100.00, contact Lynn Hosti cka, (727) 464-6760.
You are requested not to di sclose the exi stence of thi s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi l l i mpede an
ongoi ng cri mi nal i nvesti gati on and i nterf ere wi th the enf orcement of the law.
j J
^ A \ " P^ ? ) ^ 4
N O T E : I f you f ai l to comply, you may be held i n contempt of Court.
T? *mtk&< * * ft
BE R N I E McC A BE
State Attorney
WITNESS, PAT FRANK, as Cleri
seal of sai d Court, at the Courthousi
P A T F R A N K
i ur t| f f i the
Date: By:
eputyClerk
Date:
SUBPOENA DUCES TECUM- CRIMINAL
STATE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA CENTER A T&T: OR S U BS E Q U E N T PROVIDER
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Street N. ,
saosubpoenarequest(a>,co.pi nel las. f l .us.
EY, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
O TALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
INCLUDED CFIARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX CAPABILITYBUT
DETAILS. IF NOT YOUR ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER. ALSO,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHED.
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. *5^^^^L j ^ ^ ^ l
BE R N I E McC A BE PA T F R A N K
State Attorney Clerk of the Ci rcui t Court
^ y : / ^ ? V ^
r
' Date: ^ - / ^
WITNESS, PAT FRANK, as Cl er i t ^^GaJ f cou1^ * f t t he
seal of sai d Court, at the Counhousgf t ^ nl CTf l maa. \ A
T B I / f J
Date: ?^/J>- (J
C I RC UI T COURT, HI LLSBOROUGH COUNTY, F LORI DA
TATE OF FLORIDA
VS.
OFFENSE NO.
T H I S S U BP O E N A I S I S S U E D PU R S U A N T T O F L O R I D A S T A T U E s. 92.605. A R E S P O N S E I S D U E WI T H I N 20
SUBPOENA CENTER SPRINT NEXTEL: OR SUBSEQUENT PROVIDER
You are subpoenaed by Bemi e McCabe, Speci ally Assi gned State Attorney, to comply INSTANTER. The i nf ormati on may be
provi ded, Attn: DOYLE JOURDAN, C1D, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Street N. ,
saosubpoenarequest(5),co.pi neHas. f l .us.
EXCLUDING ACTUAL CONTENT OF TEXT/PIX FOR JANUARY 23, 2013 THROUGH JANUARY25,
NOTE: Flori da law authori zes us to pay up to $0.15per page and $10.00per hour f or research or retri eval. Pri or
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. ^ ^ ^ ^ ' ^ ^
WITNESS, PAT FRANK, as Clerk
seal of sai d Court, at the Courthous'
P A T F R A N K
BE R N I E M cC A BE
State Attorney
6^ (M^yJJ-
Date: By:
Deputy^Zlerk
rurf\anf che
Date: J'/f'-Sj
SUBPOENA DUCES TECUM - CRI MI NAL
TA TE OF FLORIDA
VS.
OFFENSE NO.
YOU ARE HEREBY COMMA NDED TO SUBPOENA: CUSTODIAN OF RECORDS AND/ OR AUTHORIZED DESIGNEE,
SUBPOENA CENTER CELLO PARTNERSHIP DBA VERIZON WIRELESS: OR SUBSEQUENT PROVIDER
saosubpoenarequestf Slco.pi neHas.f l.us.
PLE AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RECORI >, S E E ATTACHED.
NOTE : Florida law authorizes us to pay up to $0.15 per page and $10.00 per hour for research or retrieval. Prior
to incurring costs exceeding $100.00, contact Lynn Hosticka, (727) 464-6760.
You are requested not to di sclose the exi stence of thi s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi l l i mpede .an
BE R N I E McC A BE
State Attorney
seal of sai d Court, at the Courthousi
PA T F R A N K
Date: By:
Depur^ci eri T
Date: J 'IS-?J
TA TE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA CENTER A T&T: OR SUBSEQUENT PROVIDER
You are subpoenaed by Berni e McCabe, Speci ally Assi gned State Attorney, to comply INSTANTER. The i nf ormati on ma^ be
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49 Street N. ,
saosubpoenarequest(g).co.pi nellas.f l.us.
To testi f y i n the above-styled cause and to bri ng the f ollowi ng descri bed i tems, to
w
' t : REFERENCE CELLULAR FACILITY
EY, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO MOBILE/DtÊCT CONNECT, ANYPUSH
O TALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME D E 7
A I L S f o r
OTHER
INCLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX C A p ^
B I L 1 T Y B U T
2013 AND FOR PRE-PAID PHONE, DEALER/RETAIL INFORMATIONAND SPECIFIC PA 7.MENT
NOTE: Flori da law authori zes us to pay up to S0.15 per page and $10.00 per hour f or research or retri eval. Pri or
WITNESS, PAT FRANK, as Clerk of i e*GSrj
seal of sai d Court, at the Courthouse,'
/ #
| I ^ S ^ 5 r
State Attorney Clerk of the Ci rcui t Court * K^t t 0R0^2
r
Date: ?~tg-~tj * y : ^f'-i*^ Date: 3-'*"'? By: ^ J P ^ Z ^ L
Deputy Clerk
SUBPOENA DUCES TECUM- CRI MI NAL
TATE OF FLORIDA
VS.
OFFENSE NO.
You are subpoenaed by Berni e McCabe, Speci ally Assi gned State Attorney, to comply 1NSTANTER. The i nf ormati on may be
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49
, S
Street N. ,
saosubpoenarequest@co.pi nellas.f l.us.
EY, OF ALL CALLS (rNCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
EXCLUDING ACTUAL CONTENT OF TEXT/PIXFOR JANUARY 23, 2013 THROUGH JANUARY 25,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C O RD, S E E ATTAC HE D.
NO TE : Florida law authorizes us to pay up to $0.15 per page and $10.00 per hour for research or retrieval. Prior
WITNESS, PAT FRANK, as Clerk o g h | f cj
seal of sai d Court, at the Courthouse,
BE R N I E McC A BE PA T F R A N K ^ ^ ^ ^ ^
State Attorney Clerk of the Ci rcui t Court Hl***0R0^r "
Aiy: / J / / h ^ Date: J'-^'O By: S^Zp^ Date: -/J
Deputy Clerk
STATE OF FLORIDA
VS.
OFFENSE NO.
KEY, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
TO TALK OR SIMILAR FEATURE) AND INCLUDING DATE AND TIME DETAILS FOR OTHER
EXCLUDING ACTUAL CONTENT OF TEXT/PIX FOR JANUARY 23,2013 THROUGH JANUARY 25,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C O RD, S E E ATTACHE D.
You are requested not to di sclose the exi stence of thi s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi j.
1
i mpede an
State Attorney
WITNESS, PAT FRANK, as Clerk of the Cj
seal of sai d Court, at the Courthouse, Tar ndi
TA TE OF FLORIDA
VS.
OFFENSE NO.
You are requested not to di sclose the exi stence of thi s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi l l i rnpede an
ongoi ng cri mi nal i nvesti gati on and i nterf ere wi th the enf orcement of the law. j b ^ W ^ u / I ^
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. H I
WITNESS, PAT FRANK, as Clerk o U p i ' A | K mt , angê
seal of sai d Court, at tli e Courthouse, i j p^ f t >' j j lplj ||f /
BE R N I E McC A BE PA T F R A N K ^ h t ' ^ W O ^ T ^
, 4
Vv \ \ V O '
A t 3 y : Date: J-/?-/J> By: S^S^ Date: J^f'/J
Deputy Clerk
S T A T E OF F L O R I D A
VS.
OFFENSE NO.
SUBPOENA CENTER AMERITECH MICHIGAN: OR SUBSEQUENT PROVIDER
saosubpoenarequestf oi co.pi ne11 as.f l . us.
PLEASE COMPLETE A CERTIFICATION OF BUSINESS RECORD, SEE ATTACHED.
NOTE: Flori da law authori zes us to pay up to $0.15 per pageand $10.00 per hour f or research or retri eval. Pri or
w r o
NOTE: I f you f ai l to comply, you may be held i n contempt of Court.
WITNESS, PAT FRANK, as Cler^bf cWe
seal of sai d Court, at the Cour thouxf TJi "
BERNI E McCABE PAT FRANK ( p f ^ \ *
State Attorney Clerk of the Ci rcui t Court U j fy SfcoRuvê-
_ Date: j - / ? S o 7 By: - S ^ O y ^ Date: S ^ - ( J
"Deputy Clerk
SUBPOENA DUCES TECUM- CRIMr NAL
i
TATE OF FLORIDA
VS.
OFFENSE NO.
Y O U ARE H E R E BY COMMANDED TO SUBPOENA: CUSTODIAN OF RECORDS AND/ OR AUTHORIZED DESIGNEE,
SUBPOENA CENTER CELLO PARTNERSHIP DBA VERIZON WIRELESS: OR S U BS E QU E N T PROVIDER
provi ded, Attn: D O Y L E JOURDAN, C1D, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Street N ,
saosubpoenarequest@.co.pi ne! las.f l .us.
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. j ^ r ^ ^ *V"Sy^
WITNESS, PAT FRANK, as Clerk o f t l ^ ^ ^ L t ^ t f ^ e
seal of sai d Court, at the Courthouse, w ^ ^ j Bf f i f f l IjjjJ^
BE R N I E McC A BE P A T F R A N K
State Attorney Clerk of the Ci rcui t Court * | & Ssm^^^
w r o
A y : tf^/3t*rtlir Date: By: Date: 3 ~ { 113
Deptrtf Clerk
CIRCUIT COURT, HILLSBOROUGH COUNTY, FLORIDA
TATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT.
SUBPOENA CENTER LEVEL 3 COMMUNICATIONS: OR SUBSEQUENT PROVIDER
You are subpoenaed by Bemi e McCabe, Speci ally Assi gned State Attorney, to comply 1NSTANTER. The i nf ormati on may be
provi ded, Attn: DOYLE JOURDAN, C1D, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49
&
Street N. ,
saosubpoenarequest@co.pi nel las. f l .us.
INCLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PLXCAPABILITYBUT
#? 4
WITNESS, PAT FRANK, as Clerk < f e t l & W W t , aSicI e
BE R N I E M cC A BE
seal of sai d Court, at the Cour thouse,f f l i pa, qf r ar af t /
x > P A T FRANK ^ V
C
-
State Attorney Clerk of the Ci rcui t Court H ^ ^ v ^ *
^ B y : fir/ j*4ff~~~ Date: ,>>*/"/3 By: j f e ^ ^ ' Date: J ^ f j ~<3
Deputy Clerk
TATE OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA CENTER T-MOBILE: OR SUBSEQUENT PROVIDER
saosubpoenarequest(5).co.pi nellas. f l .us.
PL E AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C O RD, S E E ATTACHE D.
W T O
1%rfo%he
BE R N I E McC A BE
State Attorney
Date: y-/7~(3>
seal of sai d Court, at the Courthouse]
PA T F R A N K
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF LAWENFORCEMENT.
SUBPOENA CENTER CELLO PARTNERSHIP DBA VERIZONWIRELESS: OR SUBSEQUENT PROVIDER
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49'
6
Street N ,
saosubpoenarequest(q).co.pi nellas.f l.us.
CARD OR CHECKINGNUMBER, CALL DETAIL, INCLUDING BLOCKED CALLS, WITH READING
Y, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TOMOBILE/DIRECT CONNECT, ANY PUSH
TOTALK OR SIMILAR FEATURE) AND INCLUDING DATE AND TIME DETAILS FOR OTHER
INCLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIXCAPABILITYBUT
EXCLUDING ACTUAL CONTENT OF TEXT/PIXFOR JANUARY23, 2013 THROUGH JANUARY 25,
2013 AND FOR PRE-PAID PHONE, DEALER/RETAIL INFORMATION AND SPECIFIC PAYMENT
DETAILS. IFNOT YOUR ACCOUNT, FORWARD SUBPOENA TOACTUAL PROVIDER. ALSO,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, SJEE ATTACHED.
IF YOUHAVE ANY QUESTIONS, PLEASE CALL LYNN HOSTICKA, DONi YA SMITH, OR
NOTE: Flori da law authori zes us to pay up to S0.15 per page and $10.00per hour f or research or retri eval. Pri or
r o
WITNESS, PAT FRANK, as Clerk of the Ci rcui t Court, and the
seal of sai d Court, at the Courthouse, Tampa, Flori da.
State Attorney Clerk of theCjrcui t Court
TATE OF FLORIDA
VS.
OFFENSE NO.
BU S I N E S S D A Y S O F R E C E I P T O F T H I S S U BP O E N A U N L E S S A L O N G E R T I M E P E R I O D I S S T A T E D H E R E I N .
To testi f y i n the above-styled cause and to bri ng tli e f ollowi ng descri bed i tems, to wi t: REFERENCE CELLULAR FACILITY
O TALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
EXCLUDING ACTUAL CONTENT OF TEXT/PIX FOR JANUARY 23, 2013 THROUGH JANUARY25,
ongoi ng cri mi nal i nvesti gati on and i nterf ere wi th the enf orcement of the law. _ .*3CC%Vt
v
.
W T O
WITNESS, PAT FRANK, as C l e r k ^ c t f l p ^ a u r t , p g d | h e
H i
seal of sai d Court, at the Cour thousf i f | nspa, nHK$k t ^ p
.' >>
# ' f2^/lîur Date: . ^ W J By: j S^^ Date: ^ / J W J r
W
Deputy" Clerk
STATE OF FLORIDA
VS.
INVESTIGATION
CASE NO.
OFFENSE NO.
SUBPOENA CENTER TRACFONE: OR SUBSEQUENT PROVIDER
saosubpoenarequest@co.pmellas.f l.us.

TO TALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
EXCLUDING ACTUAL CONTENT OF TEXT/PIXFOR JANUARY 23, 2013 THROUGH JANUARY 25,
DETAILS. IF NOT YOUR ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER. ALS O ,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSI NESS RE C ORD, S E E ATTACHE D.
to i ncurri ng costs exceedi ng $100. 00, contact Lynn Hosti cka, (727) 464-6760.
seal of sai d Court, at the Courthouse, Tampa, Fl or i daj ^ j y^
BE R N I E M c C A BE
State Attorney
t
' STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF L A W ENFORCEMENT.
SUBPOENA CENTER NOBEL USA 5759 FLEET STREET SUITE 210 CARLSBAD, CA 92008: OR SUBSEQUENT
PROVIDER
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49 Street N. ,
To testi f y i n the above-styled cause and to bri ng the f ol l owi ng descri bed i tems, to wi t: REFERENCE CELLULAR FACILITY
'KEY, OF ALL CALLS (TNCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
2013 AND FOR PRE-PAID PHONE, DEALER/RETAIL INFORMATION' AND SPECIFIC PAYMENT
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTAC HE D.
BE R N I E M c C A BE
State Attorney
P A T F R A N K
TATE OF FLORIDA
VS.
OFFENSE NO.
THE STATE OF FLORIDA, TO A LL AND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, A ND
THI S SUBPOENA IS ISSUED PURSUANT TO FLORI DA STATUE s. 92.605. A RESPONSE IS DUE WI THI N 20
BUSINESS DAYS OF RECEIPT OF THI S SUBPOENA UNLESS A LONGER TI ME PERIOD IS STATED HEREI N.
SUBPOENA CENTER TRACFONE: OR SUBSEQUENT PROVIDER
Room 1000, Clearwater, FL 33762; or by Facsi mi le to (727) 464-7650; or by elecnoni c f ormat to
CARD OR CHECKING NUMBER, CALL DETAIL, INCLUDING BLOCKED CALLS, WITH READING
EXCLUDINGACTUAL CONTENT OF TEXT/PIX FOR JANUARY 23, 2013 THROUGH JANUARY 25,
NO TE : Florida law authorizes us to pay up to S0.15 per pageand $10.00 per hour for research or retrieval. Prior
seal of sai d Court, at the Courthouse, Tampa>Pf o^ ag\ 4i . V.
BERNI E McCABE
State Attorney
#'
V :
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF L A W ENFORCEMENT.
BUSINESS DA YS OF RECEIPT OF THI S SUBPOENA UNLESS A LONGER TI ME PERIOD IS STATED HEREI N.
provi ded, Attn: DOYLE JOURDAN, CJD, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Street N. ,
saosubpoenarequest(S),co.pi nellas.f i .us.
CARD OR CHECKINGNUMBER, CALL DETAIL, INCLUDINGBLOCKED CALLS, WITH READING
} KEY, OF ALL CALLS (INCOMING/OUTGOING/MOBILE TO MOBILE/DIRECT CONNECT, ANYPUSH
TOTALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
EXCLUDING ACTUAL CONTENT OF TEXT/PLXFOR JANUARY 23, 2013 THROUGH JANUARY 25,
DETAILS. IF NOT YOUR ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER. ALS O ,
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C O RD, S E E ATTAC HE D.
Ok C I RC UI T COURT, HI LLSBOROUGH COUNTY, FLORI DA
' ' ^ T A T E OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA CENTER NOBEL USA 5759 FLEET STREET SUITE 210 CARLSBAD, CA 92008: OR SUBSEQUENT
PROVIDER
saosubpoenarequest@.co.pi nellas.f l.us.

PL E AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHED.
NO TE : F l ori da l aw authorizes us to pay up to $0.15 per page and $10.00 per hour for research or retrieval . Pri or
to incurring costs exceeding $100.00, contact L ynn Hostieka, (727) 464-6760.
SUBPOENA DUCES TECUM - CRI MI NA L
STATE OF FLORIDA
VS.
OFFENSE NO.
SPRINT NEXTEL CORP.
INFORMATION, REGISTRATION INFORMATION, A L L RECORDS OF CALL DETAIL ( INCLUDING BUTNOT
LI MI TED TOINCOMING, OUTGOING, BLOCKED CALLS, MMS OR MEDIA MESSAGE DETAI L RECORDS, AND
SMS OR TEXT MESSAGE LOGS)FOR PHONE NUMBER 813-850-1509 FROM JANUARY 21, 2013 THROUGH
JANUARY 27, 2013.
Tampa, Flori da.
LOUGHERY/ CEL APRIL 14, 2013
PAT FRANK
Deputy Clerk
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(WTDD).
records of a mental health f aci li ty governed by F.S.394.459(9). Noti cehas been mai ledto pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
^ T A T E OF FLORIDA
VS.
OFFENSE NO.
SUBPOENA DUCES T E C UM
BUSINESS DAYS OF RECEIPT OF THI S SUBPOENA UNLESS A LONGER TI ME PERIOD IS STATED HEREI N.
saosubpoenarequest(f l),co.pi nel las.f l .us.
DETAILS. IF NOT YOUR ACCOUNT, FORWARD SUBPOENA TO ACTUAL PROVIDER. A L S O ,
P L E A S E C O M P L E T E A C E R T I F I C A T I O N O F BUS I NE S S R E C O R D , S E E A T T A C H E D .
NOTE: I f you f ai l to comply, you may be held i n contempt of Court. j ^ t t l t
WITNESS, PAT FRANK, as GSy^ PW, CTf cui t ( ^ f y and the
seal of sai d Court, at the Co ur t 8 * ' " '
J
BERNI E McCABE PAT FRA NK 1 ^ 4 ^ &V# /
State Attorney Clerk of the Ci rcui t Court h\<t'i"
Jf c*y: / f a tXritT Date: J'^'l? By: ^ J ^ S S ^ Date:
Deputy Clerk
SUBPGENA DUCES TECUM - CRI MI NA L
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRI MI NAL LA W ENFORCEMENT.
CELLO PARTNERSHIP DBA VERIZON WIRELESS
INFORMATION FOR JANUARY 23, 2013 AND JANUARY 24, 2013 FOR THE FOLLOWING NUMBER:
813-610-9016.
Tampa, Flori da.
LOUGHERY/ CEL MA Y 2,2013
PAT FRANK
Deputy Clerk
Human Ri ghts. 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(V/TDD).
F.S.455.241.
SCNBPOENA D U C E S T E C U M - C R I MI N A L
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRIMINAL LAW ENFORCEMENT.
BRIGHTHOUSE NETWORK INFORMATION SERVICE
INFORMATION FOR JANUARY 23,2013 AND JANUARY 24, 2013 FOR THE FOLLOWING NUMBER:
813-835-3836.
Tampa, Flori da.
LOUGHERY/ CEL MA Y 2,2013
PAT FRANK
Deputy Clerk
F.S.455.241.
SUBPOENA DUCES TECUM - CRI MI NA L
STATE OF FLORIDA
VS.
OFFENSE NO.
AGENTS OF THE FLORIDA DEPARTMENT OF CRIMINAL LAWENFORCEMENT.
VERIZON FLORIDA INC.
INFORMATION FOR JANUARY 23,2013 AND JANUARY 24,2013 FOR THE FOLLOWING NUMBER:
813-877-2870.
T
\
f i
. o r
Tampa, Flori da.
PAT FRANK
By:
Deputy Clerk
Human Ri ghts, 400 S. Ft. Harri son Ave., Ste.300, Clearwater, FL 33756. (727)464-4062(WTDD).
records of a meni al health f aci li ty governed by F.S.394.459(9). Noti ce has been mai led to pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
' SUBPOENA DUCES TECUM - CRI MI NA L
STATE OF FLORIDA
VS.
INVESTIGATION CASE NO-
OFFENSE NO.
THE STATE OF FLORIDA, TOA LL A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
CINGULAR WIRELESS
INFORMATION FOR JANUARY 23,2013 A ND JANUARY 24, 2013 FOR THE FOLLOWING NUMBERS:
813-610-6095, 813-260-0299, 813-494-8884, 727-437-9285, 727-656-5557 & 850-637-7249.
Tampa, Flori da.
PAT FRANK
By:
Deputy Clerk
Thi s request does not i nclude any HIV test records governed by F.S.381,substancc abuse records governed by F.S.396 or 397 and cli ni cal
records of a mental health f aci li ty governed by F.S.394.459(9). Noti cehas been mai led to pati ent as requi red by F.S.395..3025(4)(d) and
F.S.455.241.
CIRCUIT COURT, HILLSBOROUGH COUNTY, FLORIDA
STATE OF FLORIDA
rs.
OFFENSE NO.
JO TALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIXCAPABILITYBUT
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. ^-eras*
WITNESS, PAT FRANK, as Cl er k. ogt r Wf f i r cuj ^ u^ ^ HW/ h
seal of sai d Court, at the Courthousotf T-jrp]
> r-
State Attorney Clerk of the Ci rcui t Court ^ "%* "* * u
By: /Q/.
/
%<~&~~~ Date: ^'^'Q By: j SâÔ Date: j - - / ^ ^ J
DeputyXlerk
TATE OF FLORIDA
S.
OFFENSE NO.
BUSINESS DAYS OF RECEIPT OF THI S SUBPOENA UNLESS A LONGER TI ME PERIOD ISSTATED HEREI N.
SUBPOENA CENTER AMERITECH MI CHI GAN: OR SUBSEQUENT PROVIDER
You aresubpoenaed by Berni e McCabe, Speci ally Assi gned State Attorney, tocomply INSTANTER. The i nf ormati on may be
I
NOTE: I f you f ai l tocomply, you may beheld i n contempt of Court. i *' ^ f M4i t *^ ) i *i
WITNESS, PAT FRANK, as Cl e # f j n e Ci r f t j t C&tljpi
seal of sai d Court, at the Courth<3ti 5,/r*
6
m
:
BERNI E McCABE PAT FRANK 4%\ ^
State Attorney Clerk of the Ci rcui t Court ' f \ f >' T^ ^ ' cr^~
By: / j f / j a 4 Z
r
~ Date: 3-/*-?J By:
D a t e :
^ f * V - ?
Deputy Clerk
TA TE OF FLORIDA
S
OFFENSE NO.
saosubpoenarequest(q)co.pi nellas.i l.us.
SrNCLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX CAPABILITY BUT
PL E AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHE D.
N O T E : If you f ai l to comply, you may be held i n contempt of Court.
State Attorney
BE R N I E McC A BE
WITNESS, PAT FRANK, as Cl er / of tf ejei J&CouVt^[d the
seal of sai d Court, at the Cour t hom^ a&uf ej r a&da. : ^ 4
By: _ J ^ ^ " > Date: 3 ~l2-M
TA TE OF FLORIDA
S.
OFFENSE NO.
THE STATE OF FLORIDA, TO A L L AND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, AND
T H I S S U BPO E N A I S I S S U E D PU R S U A N T T O F L O R I D A S T A T U E s. 92.605. A R E S P O N S E IS D U E WI T H I N 20
provi ded, Attn: DOYLE JOURDAN, CID, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49
li
Street N ,
.TOTALK OR SIMILAR FEATURE) AND INCLUDINGDATE AND TIME DETAILS FOR OTHER
WITNESS, PAT FRANK, as C l e r i ^ f i e ^ c H K o u r t j an^the
seal of sai d Court, at the Cour t hou$, S^ paf l | mi i f | . fi
BERNI E McCA BE PAT FRANK r e -
state Attorney Clerk of the Ci rcui t Court Mi J-Sf i ORO^
VBHH
By: / ^ / r ^ ^ Date: J^f'/J By: __ Date: ? ^ - / J
>
Deputyti er k
0/:
AN
STATE OF FLORIDA
OFFENSE NO.
CARD OR CHECKING NUMBER, CA LL DETAIL, INCLUDING BLOCKED CALLS, WI TH READING
KEY, OF A L L CALLS (INCOMING/ OUTGOING/ MOBILE TO MOBILE/ DIRECT CONNECT, A NYPUSH
J O TA L K OR SIMILAR FEATURE) A ND INCLUDING DATE A ND TI ME DETAILS FOR OTHER
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/ PIX CAPABILITY BUT
EXCLUDI NG ACTUAL CONTENT OF TEXT/ PIX FOR JANUARY23, 2013 THROUGH JANUARY 25,
2013 A ND FOR PRE-PAID PHONE, DEALER/ RETAIL INFORMATION A ND SPECIFIC PAYMENT
IF YOUHA VE A NYQUESTIONS, PLEASE CA LL L YNN HOSTICKA, DONNA SMITH, OR
SA MA NTHA HARRINGTON AT (727) 464-6760.
You are requested not to di sclose the exi stence of tli i s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi l l i mpede an
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. ^'tfpî
WITNESS, PAT FRANK, as Cl e r l ^ f ^ ' G i j wj K o u i i aho^the
seal of sai d Court, at the CourthouseJEanpaJJK&H- 5?-
BE R N I E M cC A BE PA T F R A N K V f ^ ' \
i
4 C T f . ^ Q ^
State Attorney Clerk of the Ci rcui t Court ^ S B O R O ^ * ^ "
By: Date: J''T~'J By: ^ S ^ S ^ Date: 3-lf-tJ
Depuly Clerk
A
T C
W I N
TA TE OF FLORIDA
OFFENSE NO.
saosubpoenarequest@co.pi nelIas.f l.us.
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIXCAPABILITYBUT
PLE AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHE D.
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. *
i B
^ f l T ? ^ * * i
WITNESS, PAT FRANK, as Cl er Jf of r f e Ci r c f l t f Cog ^ r j d the
seal of sai d Court, at the Cour t hoj pYaj r a* f l ^ i da. ; 4
BE R N I E McC A BE PA T F R A N K * / , ? - \ J&tmjk
State Attorney Clerk of the Ci rcui t Court <fr '^^^''l^^
By: (J-/-^^ Date: 3'">"/J By: J^^S^f Date: 2 -t?~/3
Deputy'Clerk
TATE OF FLORIDA
S.
OFFENSE NO.
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX CAPABILITY BUT
PL E A S E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C O RD, S E E ATTACHED.
W
seal of sai d
WITNESS, PAT FRANK, as C l e r k j ^ ^ J & V e y t . ^ ^ ^ n d the
i d Court, at the Cour t houj e, r ynpa, Ipyi chwg) ^
BE R N I E McC A BE PA T F R A N K fi 3 \ gK^J ; * fi
State Attorney Clerk of the Ci rcui t Court ^'>*fMtim
By: / c t P / J i l V r
D a t e
. j . ^ J By: X ^ ^ S ^
V
bVte>>> ^ f - / J
TA TE OF FLORIDA
S
OFFENSE NO.
saosubpoenarequestf ai co.pi nellas.f l.us.
WITNESS, PAT FRANK, as Clerk o f ^ e ^ f r c ui
seal of sai d Court, at the Courthouse,
BE R N I E McC A BE
State Attorney
PA T F R A N K
Clerk of the Ci rcui t Court tt?/e'
W I N
TATE OF FLORIDA
S.
OFFENSE NO.
provi ded, Attn: DOYLE JOURDAN, C1D, by mai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49
t i l
Street N ,
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/PIX CAPABILITYBUT
EXCLUDING ACTUAL CONTENT OF TEXT/PIXFOR JANUARY23, 2013 THROUGH JANUARY 25,
PL E AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE C ORD, S E E ATTACHED.
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. -fiS^^^^Ht
WITNESS, PAT FRANK, as Cl e r k 0 \ 1 ^ T C U& 6 V & A
seal of sai d Court, at the Courthous^âjf i
P m
BE R N I E McC A BE P A T F R A N K ZXtlllfL
i
i^'"'f^^m.'
; < / ' -". r p-
By: (J^/^W Date: J ~' ?~<J By: . . ^ - ' ^ J ^ Da t e " ^ J-tS^J
Deput yt i er k
0 /
0 I N
SUBPO. "NA DUCES TECUM - CRIMINAL
c
TA TE OF FLORIDA
S.
OFFENSE NO.
saosubpoenarequestf f l).co.pi nellas.f l.us.
DETAILS. IF NOT YOUR ACCOUNT, FORWARD SUBPOENA TOACTUAL PROVIDER. ALSO,
PL E AS E C O MPL E T E A C E RTI F I C ATI O N OF BUSINESS RE CORD, S E E ATTACHE D.
WITNESS, PAT
seal of sai d Court
State Attorney Clerk of the Ci rcui t
By: / J / y j ^ l T
D a t
e
:
J / V f - Z j By: ^J^Zr? DXe^% & - / J
AN
TATE OF FLORIDA
S.
OFFENSE NO.
SUBPOENA CENTER LEVEL 3 COMMUNICATIONS: OR SUBSEQUENT PROVIDER
You are subpoenaed by Bemi e McCabe, Speci ally Assi gned State Attorney, to comply 1NSTANTER. The i nf ormati on may be
813-413-5229, SUBSCRIBER BIOGRAPHICAL, BILLING. PAYMENT METHOD, HISTORY, CREDIT
CARD OR CHECKING NUMBER, CA LL DETAIL, INCLUDINGBLOCKED CALLS, WI TH READING
KEY, OF A L L CALLS (INCOMING/ OUTGOING/ MOBILE TO MOBILE/ DIRECT CONNECT, A NY PUSH
TO TA L K OR SIMILAR FEATURE) A ND INCLUDING DATE A ND TI ME DETAILS FOR OTHER
CLUDED CHARGED OR UN-CHARGED SERVICES SUCH AS TEXT/ PIX CAPABILITY BUT
EXCLUDI NG A CTUA L CONTENT OF TEXT/ PIX FOR JANUARY 23, 2013 THROUGH JANUARY 25,
2013 A ND FOR PRE-PAID PHONE, DEALER/ RETAIL INFORMATION A ND SPECIFIC PAYMENT
I F YOU HA VE A NY QUESTIONS, PLEASE CA LL L YNN HOSTICKA, DONNA SMITH, OR
SA MA NTHA HARRINGTON AT (727) 464-6760.
N O T E : I f you f ai l to comply, you may be held i n contempt of Court. ^ >> M l i y i
WITNESS, PAT FRANK, as Cl e j t f ^ t h e j C^ r ^ Co ^ f c i d the
seal of sai d Court, at the CourthagsS? f si
BE R N I E M cC A BE PA T F R A N K $ * . ~^WM ' * -
State Attorney Clerk of the Ci rcui t Court UU c* '%*C^ ~
By: / 2 f t D a t e : J~SY-/3 By: ^ J ^ g ^ Date: y-i&"'*
~* DeputyTJlerk
W I N '
STATE OF FLORIDA
rs.
OFFENSE NO.
saosubpoenarequest@,co.pi nellas.f i .us.
WITNESS, PAT FRANK, as Cl er jr of $ e' Ci r cf i t / ^2^ 4n d the FRANK, as C l e r j r o f ^ f e ' ^ i r ^ ' O^ ^ n d
seal of sai d Court, at the Cour t ho^ s 7aj i pr 3 g ^ i da" 2 t
fi.
BE R N I E McC A BE PA T F R A N K - J . ^V
State Attorney Clerk of the Ci rcui t Court ' /
* \ \ * .
By: / l ^ / L ^ Date: W ' 3 By: ^ J ^ T J ^ D a t e ^ f-1f*/J
DeputyClerk
I N
1TATE OF FLORIDA
OFFENSE NO.
THE STATE OFFLORIDA, TO A L L A ND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS A ND
YOU ARE HEREBY COMMANDED TO SUBPOENA: CUSTODIAN OFRECORDS AND/ OR AUTHORIZED DESIGNEE,
You are subpoenaed byBerni e McCabe, Speci ally Assi gned State Attorney, tocomply INSTANTER. The i nf ormati on may be
provi ded, Attn: DOYLE JOURDAN, C1D, bymai l to: State Attorney, P.O. Box 5028, Clearwater, FL 33758, or 14250 49* Street N. ,
Room 1000, Clearwater, FL 33762; or byFacsi mi le to(727) 464-7650; or by electroni c f ormat to
NOTE: Flori da law authori zes us to pay up to $0.15 per pageand $10.00 per hour f or research or retri eval. Pri or
You are requested not todi sclose theexi stence of thi s subpoena f or an i ndef i ni te peri od of ti me. Any di sclosure wi l l i mpede an
ongoi ng cri mi nal i nvesti gati on andi nterf ere wi th the enf orcement of the law.
N O T E : I f you f ai l tocomply, you may be held i n contempt of Court.
WITNESS, PAT FRANK, as ^ e#kTof J h^ ^ ui f ^ < M^ , and the
seal of sai d Court, at theCour t j T^ j j qf r aSS^ l or j d^ . ^
ai d Court, at the Cou*Afh$'
BERNI E McCA BE PAT FRA NK ' V ^ M ^ I P . / ^ i '
By: /^/J ^ Date: J ' A / v J By: J ^ ^ ~ - Date:
~ Deptf ry Clerk ~
i
STATE OF FLORIDA
*/S.
OFFENSE NO.
THE STATE OF FLORIDA, TO A LL AND SINGULAR THE SHERIFFS, STATE ATTORNEY INVESTIGATORS, A ND
saosubpoenarequest@co.pi nellas.f i .us.
EXCLUDING ACTUAL CONTENT OF TEXT/PIX FOR JANUARY23, 2013 THROUGH JANUARY 25,
PL E AS E C O MPL E T E A C E RTI F I C ATI ON OF BUSINESS RE C ORD, S E E ATTACHED.
WITNESS
seal of sai d
State Attorney Clerk of the
By: //\At.A*if~ Date: 1"+T" & By: S - ^ f ^ S ^ Date: 3 - l ? ' ( J
DeputyTJIerk
GO# 2013-50097 A R R E S T - P A T R O L
TAMPA PD
900D-2 DUI (MI S D E ME A N O R )
General Offense Information
Operational status: A R R E S T - P A T R O L
Reported on: Jan-23-2013 (Wed. ) 2157
Occurred on: Jan-23-2013 (Wed. ) 2157
Approved on: Jan-24-2013 (Thu. ) by: 41741 - R U I Z , M I C H A E L H
Report submitted by: 42418 - M C G I N N I S , T I M O T H Y S
Org unit: D U I
Address: C A S S S T W / A L BA N Y A V N
Municipality: T A M P A
District: 1 Beat: A6 Grid: 154
Felony/Misdemeanor: M I S D E M E A N O R
Bias: None (no bias)
Special study: Not Applicable
Family violence: N O
Offenses (Completed/Attempted)
Offense: # 1 900D-2 D U I ( M I S D E M E A N O R ) - C O M P L E T E D
Location: Highway/Roadway
Offender suspected of using: Not Applicable
For: 47406 Pri nted On: Feb-12-2013 (Tue. )
Page 1 of 17
TAMPA PD
G E N E R A L O F F E N S E H A R D C O P Y
GO# 2013-50097 A R R E S T - P A T R O L 900D-2 DUI (MI S DE ME ANO R)
Related Image - Traffic Ticket
Reference Number:
j For: 47406 Printed On: Feb-12-2013 (Tue.)
Page 2 of 171
TAMPA PD
GE N E R A L O F F E N S E HARDC O PY
GO # 2013-50097 A R R E S T - P A T R O L
900D-2 DUI (MI S DE ME ANO R)
Related Image - Criminal Report Affidavit
Attachment Descri pti on: 1880512
Ref erence Number:
a
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COURTMPORKATTOM: Yi rruK appaar h CountyCourt at Iha;
COURTHOUSE TOWER ANNEX, 801 E. TWIQQB8TREETO ODUNTYOFRCE BUtUNNQ, MICHIQANa REYNOLDS STREET
(Comar of Jadaraon k Tari gga 8traar), TAMPA, FLORIDA 330OB PLANT CITY, FLORIDA 33805
OMalon COURTROOM* ON , AT aJi tO pjn.O
IS
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\ agrat > vt>*ar atf eattnwandpi aoa<toalgnai adabov* toanawrartorl w o(f anaa{) edarpador topayB* (If * Kf eacAad. I undaratandt ut < I lMlut/ tal 10 appaar baton
M Court aa raqutradby to Notoa to Appaar. I may te haMh oontanpt o( Court and a warrant lor myamat anal t laauad. You mayataob ohan^d wh i ha van* of
FaMura to Appaar, FA 644.15.1 oarttyttwt my addnaa at Batadabova at oorrect and I f urther undantano* 9>al 1 hava a oonkwi ng dulytoatMaa thaCourt of any ohanoaa
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Pi nk . namrml RnntnWvnf ltwrti on Cttntar
[ For: 47406 Pri nted On: Feb-12-2013 (Tue. )
P a g e
3
o f 1 7
1
TAMPA PD
G0# 2013-50097 A R R E S T - P A T R O L
900D-2 DUI (MI S D E ME A N O R )
MISS..., u V r ' f A tft.
7h Pte _ . . ..
see t / / A e o .
AS, lit*
/ v f
j u t t i i wi oj i wt a ,
I SWEAR THATTHEABOVE STATEMENTS AFCCORRECTTOTHE BESTOFMV
KNOWLEDGE. FOBNOTICES TOAPPEAR, I ALSOCERTIFYTHATA COMPUTE
USTOFWTTNESSESAMMVIOESBQDSSWNTOMEIS ATTACHED.
WE.
IwnDwVlcllmC ConttKtpwaonlorltwvlollma or, Hud of KJn ol i n* vtoBm In Homlddta S M U I I 0**rm SMklngO Dorrtf ttlo Vbtoho*
CMUAb>a>a (Indui ngAtnrnp*) 0 w 3 I wnnBbo rgWod IItmHromlMi tlo nl mi dIr omf r l . YtO HoO
ARRESTING AGENCY
W7NEB8 STATUS: 0*VICri M O&ConvMwnt WAtCtwrMnMM* dChtr*III MMMOWMSworn
3 A O FORM-US. 1MB
1880512
S O
T J
) For: 47406 Pri nted On: Feb-12-2013 (Tue.)
Page 4 of 171
TAMPA PD
G0# 2013-50097 A R R E S T - P A T R O L
Related Image - Intoxilvzer Results
Reference Number:
HI L L S BOR OUGH COUNT Y SHERI FF' S - v - HI L L S BOR OUGH COUNT Y S HERI FF' S OFFI CE
^.mnxmimvm D E PA R TME NT of D E TE NTI ON S E R VI CE S
I BR E A T H A L C OH OL A NA L YS I S R E POR T
,(Pi Ht* Pri nt)
AGENCY DATA
Arresti ng Of f i cer _J_ ' I I I ! -J Agency ^ t*\J Di stri ctâi CsA Squad . 5
Report* Report # Ci tati on #
Arrest Ti me ( t & f e r < ~ Mi nutes f romarrest ti me tolast test ti me
Locati on of of f ense 0/}<î .<~7~ C> Nearest cross street
CRASH DATA: NONE 0i PROPERTY, INJURY, FATAL.
SUBJECT STATISTICAL. DATA
Name i ' Ai >, > i
Race: Whi teJL
Sex: $j) F
Last
Black,
V
. Hi spani c.
Href
Asi an.
Wei ght /^"O Hei ght
Dri ver's Li cense #
Charge: ^ O^C
Ml
Nati ve Ameri can _
. Soci al Securi ty #
a i t
1
! DOB,
_ Other
_ Dri ver's Li censeState
Locati on of Last Dri nk,
2 2
_ Statute
Busi ness Name Address
netti ng the stopCST A. ^ZfA/rkJfp #: Agency 7"/%) Di stri ct SoA
Felony %f Mi sdemeanor
TE S T DA TA
Techni ci an ^ /^rU.i
Test Ref usal _X_Vi deoTape DVD J .
7
f oumMi ^Li lL. Uri ne Taken.
_ BloodTaken.
Day of Week: Sat Sun_
Brae 1 0. ' Ti me
_ Mon Tue,
Brae2 0.'
Wed )( Thu
Ti me
Fri ,
. Shi f t - Day Ni ght_4-
Brae3 0..
Instrument Used: Intoxi lvzer Seri es 8000 Seri al Number:
Arri val Ti me 1^,'M'L Endi ng Ti me , ^, O L) Total Processi ng Ti me , ~-
DHSMV Chectrjay Pri nted. _ Data Entry By
"Time,
Comments: 1
) i
5730(9/08) Whi te Copy: CBTU Yellow Copy. StateAttorney's Of f i ce Pi nkCopy: Arresti ng Of f i cer
\
For: 47406 Printed On: Feb-12-2013 (Tue. )
Page 5 of 171
TAMPA PD
GO# 2013-50097 A R R E S T - PA T R O L
STATE OF FLORIDA
DEPARTMENT OF HIGHWAY SAFETY & MOTOR VEHI CLES
AFFIDAVIT OF
REFUSAL TO SUBMIT TO BREATH, URINE, OR BLOOD TEST
(Pcraon reading Implied Consent Warning)
Officer, am a member of
j a duly certified Law Enforcement Officer or Correctional
. and! do swear
(Name of enforcement agency)
ot affirm thai on or about the
NAME.
(TypcorPimt) FIRST
DL_
the offense of
MTODLB OR MAIDEN
, sate of
LAST
j w u placedunder lawf ul arrest f or
_and
issued Citation ' A E ^
Tral on or about the
(Name of Arresting Officer)
. 20 A ? , nc&yhT<5 M * . M
(Ci rcle One)
Count*[PLEASE CHECXTHE BOXOR BOXES THAT APPLY) I di draentstt n l
person to mbrrot to^ J ^ WWl t h , [ Inli ttC, or I jbloodtor. to determi no toe content of si cohol i n hi , or ber bloodor K-earh ot 'i re presencecf
chei ri ei lri roi i nli i luUi ubstsemtberei lL I di d taf i xmMi d penon tbst tny ref usal tosubmi t tosuch test or tests wouldresultmthe suspensi on of hi s or
her prhf lei e tooperate s motor eni de f or > perW
suchperson badbeen suspended previ ous to n t a i i i f D I di d Wormsai dperson lhat heor stecorrnsbsunsdemsanor, i f
sstd person ref use, lo subnet to i lawful test u requested leove, sod bi s or ber dri vi ng pri vi lege has been previ ously suspended to a pri or rc&i sal to
ei i bnsi t to abwbl test o(hunt ber breath u r ^ aseeneei nvobnngeCornnjestsMMotDtV^^
resi uli nlboOMCjaui f i eali onof lbedm
i f beor she haspwi ously been <HsquaBf tedss sresuUof sref usai eosubrni ttosuebtesL
Sai dperson di d at (bat ti me sodplaceref use a, submi t tosuchtost or tests.
Signature of Law Enforcement Officer or
Correctional Officer
THE AFFIDAVITMUSTBE NOTARIZED ORATTESTEDTO QFS. 117.10)
The foregoing instrument was sworn and subscribed before me:
(AFFIX SEAL)
The foregoing instrument was sworn and subscribed before
iignature of Attesting Officer
me thU_ _day of _
Title - J f r e V ^
Date A *S~/<3
who is pcrsonaliy known to me or who hu produced
_aa identifiexdoo.
Notary PuWic_
Note: Mai l or handdeli ver to the desi gnated Bureau of Adranumti ve Revi ew* of f i ce, Department of Hi ghway Saf etyand Motor Vehi cle*, wi th the
dri ver' li cense, theappropri ate copy of (be UTC, and i ti e probable cause af f i davi t- . I f no DUI arrest i s made, attach HSMV 78003 (Noti ce of
Commerci al Dri ver** Uccaae/Pri vi f ege Di squali f i cati on).
HSMV78054 {REV. OtVOS) S
[ For: 47406 Pri ntedOn: Feb-12-2013 (Tue. )
t
TAMPA PD
GO# 2013-50097 ARREST-PATROL 900D-2 DUI (MISDEMEANOR)
Related Event(s)
C P 2013-50097
Related Person(s)
1. DEFENDANT # 1 - CAMPBELL, CHARLES PHILIPJR
(Case Speci f i c Inf ormati on)
Sex: M A L E
Race: WH I T E
Address: 3304 P A L M I R A A V W
Municipality: T A M P A , F l orida 33629-
Phone Numbers
Home: (813) 839-4741
Parti culars
Place of birth: Colorado
Occupation: A T T O R N E Y
Employer: S H U M A K E R M C K E N D R Y
Citizenship: America, United States of
Marital status: Married
Language(s) spoken: E ngl ish
Height: 5*08 Weight: 165 lbs.
Build: Medium Complexion: F A I R
Eye color: BR O WN
Hair color: G R A Y O R P A R T I A L L Y G R A Y
Hair style: C omb Back
Master Name Index Ref erence
Name: C A M P BE L L , C H A R L E S P H I L I P
Sex: M A L E
Race: WH I T E
Address: 3304 P A L M I R A A V W
Municipality: T A M P A , F l orida 33629-
Phone numbers
Home: (813) 839-4741
Li nkage f actors
Resident status : C ity (Tampa)
Condition: C onsumed Alcohol
Age range : 50-64 Years
Related vehicle # : 1 - 305T U R , F L
Page 7 of 17 (
TAMPA PD
G E N E R A L O F F E N S E H A R D C O P Y
Of f ense: 900D- 2 D U I ( M I S D E M E A N O R ) - C O M P L E T E D
Arrest date: Jan-24-2013 (Thu. )
Arrest type: T aken into Custody/Booked
Use of Force Detai ls
Date occured: Jan-23-2013 (Wed. )
Locati on: C A S S S T W / T A M P A S T N
Nature of contact: Arrest
Reason: Necessary to E ffect Arrest
Subjects present: 1
Subject's conduct:
Compliance
Subject's resi stance:
C ompliance
Level of f orce or control used:
Handcuffs
Effects of force used:
On subject:
No Visible I nj ury, No Complaint of I nj ury, No Medical Attention Required
Rendered unconsci ous: N O
Treatment: No Treatment Necessary
Transported to: J ai l
On poli ce:
No Visible I nj ury, No Complaint of I nj ury, No Medical Attention Required
Officers involved
Reporti ng of f i cer : 42418 - M C G I N N I S , T I M O T H Y S
Date reported: Jan-24-2013 (Thu. )
Related Vehicle^
1. INVOLVED # 1 - 305TUR, FL VIN# 1N4AL11D65C223769
Master Vehi cle Index Ref erence
Li cense. 305T U R F l orida 2013
Year of i ssue: 2013
Li cense type: Automobile (Regular Passenger)
V I N #: 1N4AL11D65C 223769
Vehi cle type: A U T O M O BI L E
Vehi cle style: 4-Door
Vehi cle make and model: Nissan Al tima
Vehi cle year: 2005
Vehi cle color: Gr ay
Mi scellaneous i nf ormati on: T 16 T 15
O wner I nformation
Owner type: P E R S O N
Owner role: I N V O L V E D
For: 47406 Pri nted On: Feb-12-2013 (Tue. ) Page 8 of 171
TAMPA PD
GE N E R A L O F F E NS E HARDC O PY
GO# 2013-50097 A R R E S T - P A T R O L 900D-2 DUI (MI S D E ME A N O R )
Bicycle Details
Frame size: 0
Wheel size: 0
Style: 4-Door
Aircraft Details
Plane type: 0
Wing count: 0
Pass, seats: 0
Style: 4-Door
Watercraft Details
Length: 0
Beam: 0
Expire year: 0
Engine count: 0
Style: 4-Door
Page 9 of 171
TAMPA PD
GO# 2013-50097 A R R E S T - P A T R O L 900D-2 DUI (MI S DE ME ANO R)
Document: C A S E S U M M A R Y
Author: 42418 - M C G I N N I S , T I M O T H Y S
Related date/ti me: Jan-23-2013 (Wed. ) 2208
A f t e r b e i n g s t op p ed , t h e d r i v e r w as a r r e s t e d f o r D UI .
For: 47406 Pri nted On: Feb-12-2013 (Tue.) Page 10 of 17
TAMPA PD
G0 # 2013-50097 ARREST -PATROL 900D-2 DUI ( MISDEMEANOR)
Document: I N I T I A L R E P O R T
Related date/ti me: j an-23-2013 (Wed. ) 2208
Sgt Fer n a n d ez , o b s e r v e d t h e d r i v e r mak e a r i g h t t u r n f r om a t h r ou gh l a n e
c u t t i n g o f f a n o t h e r v e h i c l e . When h e s t op p ed t h e v e h i c l e , t h e d r i v e r
e x i t e d t h e v e h i c l e . When Sgt Fer n a n d ez made c o n t a c t w i t h t h e d r i v e r , h e
o b s e r v e d h im t o h a v e r e d / g l a s s y e y e s w i t h a d i s t i n c t od or of an a l c o h o l i c
b e v e r a g e c om ing f r om h i s b r e a t h . See s u p p l em en t f o r d e t a i l s .
When I made c o n t a c t w i t h t h e d r i v e r , I a l s o o b s e r v e d h im t o h a v e r e d / g l a s s y
e y e s w i t h t h e d i s t i n c t od or of a n a l c o h o l i c b ev er a ge c om ing f r om h i s
b r e a t h . I a s k e d t h e d r i v e r t o p e r f o r m some FSE's . Th e d r i v e r a t f i r s t
a g r e e d t o , b u t t h e n r e f u s e d t o p e r f o r m t h em. I in f or m ed t h e d r i v e r t h a t h e
w as u n d er a r r e s t f o r D UI . See v i d e o .
A f t e r t r a n s p o r t i n g t h e d r i v e r t o CBT, I r e a d t o h im F l o r i d a ' s i m p l i e d
c o n s e n t l a w . He a c k n ow l ed ged t h a t h e u n d e r s t o o d b u t w ou l d n ot t a k e t h e
b r e a t h t e s t . Th e d r i v e r w as t h e n r e l e a s e d t o Ce n t r a l b ook in g.
For: 47406 Pri nted On: Feb-12-2013 (Tue. ) Page 11 of 17
TAMPA PD
G0# 2013-50097 ARREST -PATROL 900D-2 DUI ( MISDEMEANOR)
Related Text Page(s>
Document: S U P P L E M E N T A L
Author: 42363 - F E R N A N D E Z , R A Y M O N D
Related date/ti me: Jan-23-2013 (Wed. ) 2157
On 1/23/13 I w as s t op p ed a t Ma d is on a n d A s h l e y f a c i n g w/b w h en I f i r s t
o b s e r v e d t h e s u s p e c t v e h i c l e . Th e v e h i c l e w as p u l l i n g ou t of t h e M a l i o s
v a l e t a r e a and w ent n/b on A s h l e y D r . Th e v e h i c l e s w i t c h e d l a n e s b et w een
t h e o u t s i d e a n d c e n t e r a s i t t r a v e l e d n/b a t a s l ow s p eed . Th e v e h i c l e w as
i n t h e o u t i s d e t h r ou gh l a n e a s i t a p p r oa c h ed Ca s s S t . Th er e w as o t h e r
t r a f f i c i n t h e o u t s i d e l a n e w h ic h i s a r i g h t t u r n o n l y on t o Ca s s S t . Th e
v e h i c l e made t h e r i g h t t u r n f r om t h e t h r ou gh l a n e and c u t i n f r o n t of t h e
v e h i c l e i n t h e t u r n l a n e . I a c t i v a t e d my em er gen c y eq u ip m ent t o c on d u c t a
s t o p f o r t h e i n f r a c t i o n .
Th e v e h i c l e s t op p ed on Ca s s St j u s t p r i o r t o Tampa S t . Th e d ef en d a n t
e x i t e d t h e v e h i c l e p r i o r t o me a p p r o a c h i n g a n d a p p ea r ed t o b e u n s t ea d y . I
a p p r oa c h ed t h e d ef en d a n t and o b s e r v e d h im t o h a v e g l a s s y / b l ood s h ot e y e 's
a n d h a d t h e d i s t i n c t od or of an a l c o h o l i c b ev er a ge on h i s b r e a t h . I a s k e d
h im how much h e h a d t o d r i n k and h e s a i d " z e r o " . Ba s ed on my o b s e r v a t i o n s
I h a d h im s t e p o v e r t o t h e s i d e w a l k a r e a a n d r e q u e s t e d a DUI Un i t .
O f c Mc Gin n is a r r i v e d a n d c on d u c t ed t h e D UI i n v e s t i g a t i o n . I h ad no f u r t h e r
a c t i o n s .
For: 47406 Printed On: Feb-12-2013 (Tue.) Page 12 of 17]
TAMPA PD
Document: A T T A C H M E N T
Subject: C A M P BE L L , C H A R L E S P H I L I P
D UI FI E L D SOBRI ETY TESTI NG ATTACHMENT:
[ ] SFST / ADMINISTERED [ x ] SFST REFUSED
VI DEO EVI DENCE? [ y ]
SFST L OCA TI ON:
M PARKING LOT [ _ ] ROADWAY [ _ ] SI DEWALK
OTHER ( DESCRI BE) { }
PHYSI CA L / MEDI CA L ISSUES
[ _ ] PHYSI CA L D I S A BI L I T Y: { }
[ _ ] MEDI CA L PROBLEMS: { }
[ _ ] MEDI CA TI ON: { }
V I S I ON
[ _ ] EYEGLASSES [ _ ] CONTACT LENSES
EYE PROBLEM ( DESCI BE) { }
TYPE FOOTWEAR
[ _ ] FLATS [ _ ] SANDALS [ J A THL ETI C
[ _ ] FOOTWEAR REMOVED
OTHER ( DESCRI BE) { }
STANDARDI ZED FI E L D SOBRI ETY TESTS
HORI ZONTAL GAZE NYSTAGMUS
[ _ ] I NCA PA BLE OF FOLLOWING STI MULUS
( DESCRI BE) { }
[ x ] EQUAL TRACKI NG [ x ] EQUAL PUPI LS
LACK OF SMOOTH PURSUI T
MAXIMUM DE VI A TI ON
45 DEGREE ONSET
LEFT EYE
[ x ]
[ x ]
[ x ]
RI GHT EYE
[ x ]
[ x ]
[ x ]
For: 47406 Printed On: Feb-12-2013 (Tue. ) Page 13 of 17
TAMPA PD
[ _ ] VERTI CA L GAZE NYSTAGMUS
WALK AND TURN
[ _ ] FA I L S TO MA I NTA I N BALANCE
[ _ ] STARTS PRIOR TO I NSTRUCTI ONS
[ _ ] STOPS WALKI NG
[ _ ] DOES NOT TOUCH HEEL TO TOE
[ _ ] STEPS OFF L I NE
[ _ ] IMPROPER/ LOSS OF BALANCE ON TURN
[ _ ] INCORRECT NUMBER OF STEPS ( # [ ] )
[ _ ] USES ARMS FOR BALANCE
[ _ ] UNABLE TO PERFORM
( DESCRI BE) { }
COMMENTS: { }
ONE LEG STAND
[ _ ] SWAYS WHI LE BA LA NCI NG
[ _ ] USES ARMS FOR BALANCE
[ _ ] HOPPING
[ _ ] PUTS FOOT DOWN
{ } LEG USED?
[ _ ] UNABLE TO PERFORM ( DESCRI BE) { }
COMMENTS: { }
FI NGER TO NOSE
[ _ ] EYES DO NOT REMA I N CLOSED
[ _ ] FA I L S TO RETURN ARMS TO SI DE
[ _ ] FA I L S TO TOUCH NOSE WI TH I NDEX FINGER
[__] WRONG HAND
COMMENTS: { }
ALPHABET TEST ( A THROUGH Z)
[ _ ] NOTI CEA BLE SWAY
[ _ ] INCORRECT RECI TA TI ON
[ _ ] USES ARMS FOR BALANCE ( RAI SED MORE THAN 6 I NCHES)
For: 47406 Printed On: Feb-12-2013 (Tue.) Page 14 of 17
TAMPA PD
COMMENTS: { }
COUNTING BACKWARD ( 1 0 0 TO 75)
[ _ ] NOTI CEA BLE SWAY
[ _ ] INCORRECT RECI TA TI ON
[ _ ] USES ARMS FOR BALANCE ( RA I SED MORE THAN 6 INCHES)
COMMENTS: { }
MI RANDA WARNI NGS: READ BY { } [ J UNDERSTOOD
I MPL I E D CONSENT: READ BY { TS Mc Gi n n i s } [ y ] UNDERSTOOD
[ ] AGREE [x] REFUSED
TAMPA PD
GE N E R A L O F F E N S E HARDC O PY
Clearance Information
Agency: T P D
Cleared status: C l eared by Arrest - Adul t - Not Applicable
Cleared on: Jan-23-2013 (Wed. )
Complainant/Victim notified: N O
TAMPA PD
GO# 2013-50097 ARREST -PATROL
END OF HA RDCOPY ***
For: 47406 Pri nted On: Feb-12-2013 (Tue.)
Page 17 of 17
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Chk 481 B7/8 L A D I E S Gst 1
2503 PM Bar Bar2
C E : 2503 C C : 0 T C : 0
Trn 73 Jan23' 13 07: 19PM
Bar
1 Mozzarella 7.97
1 Tuna Sashimi 14.97
R
Subtotal 22.94
Tax 1.61
07:19PM Total 24.55
Chk 481 B7/8 L A D I E S Gst 1
2503 PM Bar Bar2
C E : 2503 C C : 0 T C : 0
Trn 98 Jan23'13 08: 01PM
Bar
1 Southern Comfort 7.00
1 Southern Comfort 7.00
Subtotal 47.44
Tax 3.33
08:01PM Total 50.77
M a l i o ' s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 506 B7 PRILL
, Hi Vi . j ' l l j P
1 House Chard 1
\ Grey Goose $Rock& 10.50
Charge Ti p
4
-
r
XXXXXXXXX)
Vi sa ^ - '
J
Subtotal
"ay
.e, ;i oe Chi g
PrtyWRf lt
17.bO
1.23
4.0i i
22.73
lltr:nt.
-2503 Check Closed
,jan23't3 10:17PM- -
agreement.
* Customer Cu,
A 1 I *
Ma 1 1 o *
s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
1 Fi nlandi a 5.00
1 RH Fi l et Ti ps 6.00
1 RMPot Ski ns 5.00
1 Grey Goose $Rocks 10,50
1 Fi nlandi a 5.00
2 Grey Goose 2 21.00
$Rocks
2 RMShri mp Theres
1 RM Fi l et Ti ps
Charge Ti p
12.00
6.00
16.00
sa *
Subtota 1
Tax
Servi ce Chrg
Payment
91.44
70.50
4.94
16.00
J M4
-Jan23*13 07:(
agreement.
M a l i o ' s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 474 B8PHILL Gst 1
2 House Chard
Charge Ti p
14.00
3.00
17.98
Subtotal
Tax
Servi ce Chrg
Payment
14.00
0.98
3.00
17.98
&t2503 Check Cl osed- ^
-\Jan23/13 07:51PMf
accordi ng to ray card i ssuer
agreement.
* * * * Merchant Copy * * * *
M a l I cJ^ts
Tampa,Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar :
Chk 481 B7/8 LADIES ., Gjt 1
1 Mozzarella 7.97
1 Tuna Sashi mi 14.97
1 Grey Goose $Rocks 10.50
2 Southern Comf ort 14.00
XXXXXXXXXX
4
Vi sa 50.77
Subtotal 47.44
lax 3.33
Payment 50.77
2503 Cheek Closed-
Ma i T >QT * #
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6 ^
Date:
Card Type
Acct *:
Card Entry:
Trans Type:
Auth Code:
Check:
Check ID:
Server:
Subtotal:
Ti p:
XXXXXXXXX'
SWIPED .
PURCHASE
04945F
481
B7/8 LADIES
2503 PM Bar
5 0 . 77
Total:
Si gnature
I agree to pay above total
accordi ng to my card i ssuer
agreement.
* * * *
Merchant Copy * * * *
CM
O
CD
CO
00
CO
"D
\ _
o
LL
<B CO
5 9-
?
LTD
o
o
Ma 1 i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 490 14 HOWARD - Gst 4
Jan23'13 07:38PM
Bud 14.01
G Terrazas 24.00
Belvedere 19.00
Theresa Slump 14.07
SHRIMP PICATTA APP
Open Food 14.00
Pork Chop VOD 28.97
Mahi -Mahi 18.00
Stm Broc 8.00
Button Mush 8.00
Grouper 29.97
Ci oppi no 11.00
Gorg W/ Entree 6.00
House W/ Entree 0.00
. S t i l l 12.00
Charge Ti p 50.00
XXXXXXXXX
Amex 160.00
Charge Ti p 40.00
XXXXXXXXXXX
M.C. 151.51
Subtotal 207.02
Tax 14.49
Servi ce Chrg 90.00
Payment 311.51
2503 Check Closed-
Jan23'13 09:35PM-
Ma 1 i o * s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
Date: Jan23'13 09:28PM
Card Type: M.C. * ,
Acct *: XXXXXXXXXXX
1
Card Entry: SWIPED
Trans Type: PURCHASE
kith Code: 02580Z
Check: . 490
Check ID: 14HOWARD
Server: 2503 PM Bat
Subtotal:
1 1 1
Si gnature
I agree to pay ^
agreement.
* * * * Customer Copy * * * *
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Jan23*13 08:53PM
Amex
XXXXXXXXX
SWIPED
Date:
Card Type:
Acct *:
Card Entry
"rans Type: PURCHASE
Auth Code: 588485
Check:
Check ID
.r;| vel'
490
14HOWARD
2503 PMBar
ui i i , t al :
i p: .
Total
1 i o . O O
S o , *>
Si gnature
I agree to pay above totai
agreement.
Ma l. >t >' ' " ^
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
Date: Jan23'13 09;38PM
Card Type: M.C.
Acct : XXXXXXXXXX)
Card Entry. SWIPED
Auth Code: 027399
Check: 489
Check ID: B3 ti ti y
Server: 25U3 PM Bar
PC
O . 8 6
l-^ree to pay above total
agreement.
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 489 B3 GUY
Jan23'13 07:36PM
Gst 2
1 Ceasai W/ Entree 3.00
1 20oz Ri beye Mash 48.57
Pots
2 GFour Graces 24.00
Charge Ti p 16.00
XXXXXXXXXX'
M.C. 96.86
t jbtntal
f ax
Servi ce Chrg
Payment
-2503 Check Closed-
--Jan23'13 09:48PM-
75.57
5.29
16.00
96.86
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 507 B2
Jan23'13 09:10PM
Gst 1
2 Jamesons 2 $Neat 22.00
2 Hei neken 10.50
Charge TID 6.00
XXXXXXXXX'
Amex 40.78
Subtotal 32.50
Tax 2.28
Servi ce Chrg 6.00
Payment 40.78
2503 Check Closed
Jan23'13 09:49PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Date:
Card Type:
Acct :
Card Entry:
Trans Type:
Auth Code:
Check:
Check ID:
Server:
Subtotal:
Ti p:
Jan29'13'0S:11PN
Amex
XXXXXXXXX*
SWIPED
P'IRCHASE
b/3695
507
B2
2503 PMf t
Total: .
Si gnature
I agree to
accordi nn
agreemei .
[Jay above total
I I my card i ssuer
Ma 1 i o ' s
Jape** Fl or i da
81 3 - 2 2 3 - 7 7 4 6
Date:
Card Type:
Acct #:
Card Entry:
Trans Type:
Auth Code:
Check:
Check ID:
Server:
Subtotal:
Ti p:
Jaf T23'13*09:41PM
Vi sa
XXXXXXXXX
SWIPED
PURCHASE
054021
521
V
2503 PMBar
2 8 . 63
Total: .
Si gnature
I agree to pay arSove total
accordi ng to ray card i ssuer
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 521 V Gst 1
Jan23'13 09:40PM
2 Grey Goose
1 Henderi cks
Charge Ti p
XXXXXXXXXX
Vi sa
18.00
8.75
6.00
34.63
Subtotal 26.75
Tax 1.88
Servi ce Chrg 6.00
Payment 34.63
2503 Check Closed
Jan23'13 10:08PM
t
MSTTT6' s
Tampa, .Flori da
81 3 - 2 2 3 - 7 7 4 6
Card Type: Vi sa
Acct : XXXXXXXXXX*
Card Entry: SWIPED
Auth Code: 913233
Check: 469
Check ID: T16
Server: 2503 PMBar
Subtotal:
Ti p:
1 4 8. 5 6
S o -
O Q
Total:
Si gnatm t
agreement.
M a l i o ' s
Tampa, Flgri da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 469 T16 Gst 2
Jan23'13 07:00PM
1 Escargot 10.77
2 Ceasar W/ Entree 8.00
1 $Anchovi es
1 Chatubri and 59.07
1 1/2 Button Mush 5.00
1 Beamai se 3.00
1 Creme Brulee 7.00
D-ABL0A CHIATNI
1 Open Wi ne 46.00
Charge Ti p 30.00
XXXXXXXXXX'
Vi sa 178.56
Subtotal 138.84
Tax 9.72
Servi ce Chrg 30.00
Payment 17B.56
-2503 Check Closed-
-Jan23'13 10:11PM-
M a 1 i o ' s
Tampa^Rgri da -
81 3 -
c
2 2 T5 - 7 7 4 6
2503 PMBar
Chk 442 TBL-17 Gst 3
Jan23'13 06:28PM
Fi nlandi a 15.00
RMShri mp Gr i l l 6.00
RMShri mp Theres 6.00
RMShp Cocktai l 6.00
Pi not Gri gi o 10.00
Appleton VX5yr 18.00
Chopped Salad 8.57
Oyster Mali os 36.14
CRAB PASTA 28.97
GRILLED POTATOES
Open Food 0.00
ARROWOQD
Open Wi ne 12.00
ARR0W00D
Open Wi ne 12.00
ARROWOOD
Open Wi ne 12.00
Grey Goose 9.00
JD Black 7.75
Charge Ti p 28.00
XXXXXXXXX)"
M.C. 228.56
Subtotal 187.43
Tax 13.13
Servi ce Chrg 28.10
Payment 228.55
Ma
Tami
8 1 3 -
Date:
Card Type:
Acct #:
Card Entry:
Trans Type:
Auth Code:
Check:
Check ID:
Server:
1 i o ' s
DJU Flori da
2 2 3 - 7 7 4 6
Jan23*13 09:39PM
M.C.
XXXXXXXXXX
SWIPED
PURCHASE
31505P
442
TBL-17
2503 PMBar
Subtotal: 2 0 0 . 5 6
Si gnature
agreement.
-2503 Check Closed-
-Jan23'13 10:09PM-
Mm t o * s
Tampa, Flori da"
8 1 3 - 2 2 3 - 7 7 4 6
Card Type: Vi sa
Acct : XXXXXXXXXX
Card Entry: SWIPED
Auth Code: 109167
Check: 509
Server: 2503 PMBar
Subtotal: ' 3 2 . 1 0
agreement.
Mat H f p * s
Tampa, Tlori 'da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 509 Jan23'13 06:28PM Gst 1
3 Dewars 3 $Rocks 30.00
Charge Ti p 20.00
XXXXXXXXXXX
Vi sa 52.10
Subtotal 30.00
Tax 2.10
Servi ce Chrg 20.00
Payment 52.10
2503 Check Closed-
-Jan23'13 10:18PM-
M a l i o ' s
TanpvJJpkida
81 3 - 2 2 3 - 7 7 4 6
Date: Jan23*13 08:46PM
Card Type: Amex
Acct t: XXXXXXXXX
Card Entry: SWIPED
Auth Code: 565784
Check: 477
Check ID: UP 14 2 GUYS
Server: 2503 PM Bar
Subtotal:
Ti p:
1 1 6 . 2 2
l i gr l t ur e
r -*-e to pay above total
v ng to my card i ssuer
ayi li ci i i dnt.
M a l i o ' s
Tai w^ -f #r i da
81 3 - 2 2 3 - 7 7 4 6
"t *
2503 PM Bar
Chk 477 UP 14 2 GUYS Gst 2
Jan23'13 07:08PH
2 House Pi not Gri 14.00
3 GCrusher 21.00
1 Spi nach Salad 9.67
1 French W/ Entree 0.00
1 8oz Fi l et 34.97
1 6oz Fi l et Bake 28.97
Potato
Charge Ti p 22.00
XXXXXXXXX
Amex 138.22
Subtotal 108.61
Tax 7.61
Servi ce Chrg 22.00
Payment 138.22
-2503 Check Closed
Jan23'13 10:19PM
M a l i o ' s
Tampa^Flo/i da ,
81 3 - 2 2 5 7 7 4 6
Date: Jan23*13 06:4U'M
Card Type: Vi sa
Acct #: XXXXXXXXX)
Card Entry: SWIPED
4r ans Type: PURf li ASE
**f tuth Code: 0 4pB
Check: 398
Check ID: UP 3
vci ; 2503 PMBar
Subtotal: 2 7 . 26
3
3
inJr
F
j5nature
'agree to pay above total
agreement.
Ma 1 i o*' s
Ta*i i f tr*f t0ri d5
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 398 UP 3 Gst 4
Jan23M3 05:07PM
1 Cabernet 5.00
1 House Salad 6.47
1 C Lobster Bi sque 9.00
1 Cabernet 5.00
Charge Ti p 6.00
XXXXXXXXXX
Vi sa 33.26
Subtotal 25.47
Tax 1.79
Servi ce Chrg 6.00
Payment 33.26
-2503 Check Closed-
-Jan23'13 10:26PM-
M a 1 j o ' s
81 3 - 2 2 3 - 7 7 4 6
Date
Card Type:
Acct #:
Card Entry
Trans Type
Auth Code:
Check ID:
Server:
Subtotal:
Ti p:
Jan23'13 09:37PM
Amex
XXXXXXX)
SWIPED
PURCHASE
583467
459
61 GY
2503 PMBar
83
2 o
8 3
Total
Si gnature
agreement.
* * * *
Customer Copy
* * * *
MaO i o ' s
TaTpf l l or ' i da
81 3 - 2 ^ 3 - 7 7 4 6
2503 PMBar
Chk 459 B) GY
Jan2#-13 Of f : 52PM
Gst 2
1 RMBurger 6.00
1 Add RH Fri es 3.00
4 Fi nlandi a 20.00
2 Coors Li ght 9.34
BDAYCAKE
1 Open Li quor 8.00
BDAYCAKE
1 Open Li quor 8.00
BDAYCAKE
1 Open Li quor 8.00
BDAYCAKE
1 Open Li e or 8.00
BDAYCAKL
1 Open Li quor 8.00
Charge Ti p 20.00
XXXXXXXX)
Amex 103.83
Subtotal 78.34
Tax 5.49
Servi ce Chrg 20.00
Payment 103.83
Jan23'13 10:14PM
M a l i p ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
* .
Chk 441 UP 1 CREW Gst 2
Jan23'13 06:2BPM
3 Grey Goose 1 28.50
Marti ni Up
3 Capt Morgans .'2.50
1 Mozzarella 7.97
1 Mac & Chz 7.00
1 Calamari 12.87
1 Stol i 8.00
Charge Ti p 6.00
XXXXXXXXX
1
Amex 36.92
Charge Ti p 6.00
XXXXXXXXXX'
Vi sa 37.00
Charge Ti p 6.00
XXXXXXXX*
Vi sa 37.00
Subtotal] 86/84
Tax 6.08
Servi ce Chrg 18.00
Payment 110.92
-2503 Check Closed-
-Jan23'13 10:29PM-
M a l i o ' s
Tai f pa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Date:
Card Type:
Acct #:
Card Entry:
Trans Type:
Auth Code:
Check:
Check ID:
Server:
Jan23'13 09:23PM
Vi sa
XXXXXXX&XX! .
SWIPED
PURCHASE
077024
441
UP 1 CREW
2503 PM Bar
31 .OO
to pay above total
ri g to my card i ssuer
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 441 UP 1 CREW
Jan23'13 06:28RM
Gst 2
ey Goose 1
28.50
Marti ni Up
Capt Morgans 22.50
Mozzarella
7.97
Mac & Chz
7.00
Calamari
12.87
Stoli
8.00
Food 27.84
Li quor
59.00
Tax
6.08
17PM Total 0 2 . 92
Thank you f or joi ni ng us.
Please Come Agai n.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Card Type: Amex
Acct : MXXXXXXXX
Card Entry: SWIPED
Auth Code: 508947
Check: 441
Check ID: UP 1 CREW
Server: 2503 PMBar
Subtotal:
Ti p:
Total
3 0 . 92
i gnature
agree to pay above total
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Date: Jan23'l3 09:23PM
Card Type: Vi sa
Acct : XXXXXXXXXX
Card Entry: SWIPED
Auth Code: 897678
Check: 441
Check ID: UP 1 CREW
Server: 2503 PMBar
Subtotal:
Ti p:
31 .OO
QO
Total:
Si gnature ,
I agree ta pay above jjf etal [
accordi ng/to my card "i ssuer
agreement.
M a r l v c r ' s
Tampa. Flori da
81 3 - 2 2 3 - 7 7 4 6
Date: Jan23'l3 08:46PM
Card Type: Vi sa
Acct tt: XXXXXXXXXXX'
Card Entry: SWIPED
Auth Code: 8-H163
Check: 480
Check ID: TBL-18
Server: 2503 PM Bar
Subtotal:
Ti p: .
1 0 8. 1 4
Total
Si gnature t_/
agi eement.
* * * * Merchant Copy * * * +
Mar4rttQf "* s.
t
Tampa, f ro'ri da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 480 TBL-18 us
Jan23'13 07:15PM
1 GKJ Merlot 10. UJ
1 Tanqueray 8.00
1 Mahi -Mahi Mash 18.00
Pots
1 PASTA PRIMAVERA 22.57
1 Creamd Spi nach 8.00
1 House W/ Entree 0.00
1 CeasarW/ Entree 3.00
1 GErath 10.00
2 Key Li me Pi e 14.00
2 Cof f ee 7.50
Charge Ti p 12.00
XXXXXXXXXXX
Vi sa 120.14
Subtotal 101.07
Tax 7.07
Servi ce Chrg 12.00
Payment 120.14
-2503 Check Closed-
Jan23*13 10:16PM-
M a l i o ' s
Tampa, Flori da
8 1 3 - 2 * 2 3 - 7 7 4 6
Card Type: Vi sa
Acct tt: XXXXXXXXXX
Card Entry: SWIPED
Auth Code: 035872
Check: 453
Server: 2503 PM Bar
Subtotal:
Ti p:
2 1 . 3 4
Mal :
Si gnature
agreement.
Ma 1 i o ' s
TampTpsf
i
htf i da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 453 Jan23'13 06:38PM Gst 1
2 Grey Goose 18.00
1 Spri te 2.50
Charge Ti p 2.00
XXXXXXXXXX)
Vi sa 23.94
Subtotal 20.50
Tax 1.44
Servi ce Chrg 2.00
Payment 23.94
2503 Check Closed
jan23'13 10:22PM
M a l i o " s
Tampa, Flori da
81 3 2 2 3 7 7 4 6
Card Type: Vi sa
Acct tt: XXXXXXXXXX
Card Entry: SWIPED
Auth Code: 04945F
Check: 481
Check ID: B7/8 LADIES
Server: 2503 PM Bar-
Subtotal: 5 0 . / /
Ti p:
Total:
Si gnature
agreement.
M a l i o ' s '
Tampa, Flori da
8 1 3 - 2 2 3 - 7 / 4 6
2503 PM Bar
Chk 481 B
7 :
^TF.
J i l l I . ' ' ! ' '
I Mozzarella ; .;*<
1 f una Sashi mi i 4. i
1 Grey Goose $Rocks 10.-.
/ 'Southern Comf ort 14.00
XXXXXXXXX
Vi sa 30
7
..,ti i a 1 47.44
i ax 3.33
Payment 50.77
2503 Check Closed
Jan23'13 10:15PM
* * * * Men-ri ant Copy * * * *
M a 1 i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 506 B7 PKILL Gst 1
.i '13 08:52PM
House Chard 7.0U
Grey Goose $Rocka 10.50
Charge Ti p
4.nr
XXXXXXXXXX
Vi sa 22 a
Subtotal 17.bO
1.?3
";e. vi ce Chi g 4.00
22.73
2503 Check Closed-
Jar ^ ' 13 10:17PM
Ma 1 i o * s
Fampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
Hate: Jan23'13 08:56PM
Card Ty.i e: Vi sa
Ar r t : - '
v
Udi d Entry 1u
Trans Type; PURCHASE
Auth Code: 095617
Check; 506
Check ID: B7 PKILL
Server: 2503 PM Bar
Subtotal: 1 8 . / 3
Si gnature
agreement.
* Customer Co, * t *
Ma l i o / s
Tampa, FlIjNda
81 3 - 2 2 3 - 7 ^ 4 6
2503 PMBar
Chk 390 TB 17 EUGENIA
Jan23'13 04:11PM
Gst 4
2 Cabernet
1 Chardonnay
2 G Erath
2 Bar Chi ps
1 Iced Tea
Charge Ti p
XXXXXXXXX
Amex
Subtotal
Tax
Servi ce Chrg
Payment
-2503 Check Closed
~Jan23'13 06:43PM
10.00
5.00
20.00
0.00
2.50
8.00
48.13
37.50
2.63
8.00
48.13
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 397 B5/6/7 JANELLE Gst 1
Jan23'13 05:06PM
2 Fi nlandi a 10.00
1 GThomas Schi i tt 8.00
1 GThomas Schmi tt 8.00
1 Fi nlandi a 5.00
Charge Ti p 10.00
XXXXXXXXX
Amex 43.17
Subtotal 31.00
Tax 2.17
Servi ce Chrg 10.00
Payment 43.17
2503 Check Closed
Jan23'13 06:42PM
* * * *
Customer Copy
* * * *
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 438 Jan23"13 05-taPM -Gst
1 Tequi la
1 Tequi la
Charge Ti p
xxxxxxxxx:
M.C.
6.00
6.00
6.00
18.84
Subtotal 12.00
Tax 0.84
Servi ce Chrg 6.00
Payment 18.84
2503 Check Closed
Jan23'13 06:59PM
I agree to pay above xoun
agi eement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - ^ 7 7 4 6
2503 PM Bar
Chk 432 Jan23'13 04:46PM Gst 1
1 RMFi l et Ti ps 6.00
1 Add RMMash 3.00
Charge Ti p 3.00
XXXXXXXXXX'
Vi sa 12.63
Subtotal 9.00
Tax 0.63
Servi ce Chrg 3.00
Payment 12.63
2503 Check Closed
Jan23'13 06:58PM
I agree to pay aoove total
accordi ng tr s. '-ard i ssuer
agreement.
* * * * Merchant Copy * .* * *
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 448 B Gst 2
Jan23'13 06:37PM,.
4 Ketel One 1 $Rocks 41.50
$Blue Chs Oli ves
1 Yuenli ng 5.25
HANGER LIME/ SOOA
1 Open Li quor 10.00
1 Bombay Sapphi re 9.00
1 Crown Royal $Rocks 9.75
2 Grey Goose 18.00
1 Marg Rocks 8.00
1 Henderi cks 8.75
1 Merlot 5.00
1 EMPRedBull 2.00
Charge Ti p 25.00
XXXXXXXXX
1
Amex 150.46
Subtotal 117.25
Tax 8.21
Servi ce Chrg 25.00
p
avment 150.46
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar \
Chk 401 B9/10 JONATHA^ Gst 3
Jan23'13 05:19PM
1 Fi nlandi a
5.00
1 RMFi l et Ti ps
6.00
1 RMPot Ski ns
5.00
1 Grey Goose $Rocks
10.50
1 Fi nlandi a
5.00
2 Grey Goose 2
21.00
$Rocks
21.00
2 RMShri mp Theres
12.00
1 RMFi l et Ti ps
6.00
Charge Ti p
16.00
XXXXXXXXXXX
16.00
Vi sa
91.44
Subtotal
70.50
Tax
4.94
Servi ce Chrg
16.00
Payment
91.44
2503 Check Closed-
Jan23'13 07:03PM
agreement.
M a 1 i o ' s
Tampa, Florida
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar 1
Chk 426 B7/8 m. E ~" 'Gst 1
Jan23'13 06:11PM
2 Chardonnay
2 Finlandia
1 RM Pot Skins
Charge Tip
XXXXXXXXX>'
Visa
Subtotal
Tax
Service Chrg
Payment
2503 Check Closed-
Jan23'13 07:14PM
a g r e e d -
10,00
10.QQ
5.00
4.00
30.75
25.00
175
4.00
30.75
* * * *
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar ,
Chk 396 B12 GUY
Jan23*13 05:04PM
Gst 1
1 JD Black
3 GAnthology
3 JD Black
Charge Ti p
XXXXXXXXX)
M.C. *
7.75
54.00
23.25
18.00
108.95
Subtotal 85.00
Tax
5 g 5
Servi ce Chrg 18 00
Payment 108.95
2503 Check Closed
Jan23'13 07:12PM
accor ds
t o w y
a g r e e d
M a l i o ' s
Tampa, Flori da .
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 448 B Gst 2
Jan23'13 D&37PH-
4 Ketel One 1 $Rocks
41.50
$Blue Chs Oli ves
1 Yuenli ng
5.25
HANGER LIME/ SODA
1 Open Li quor
10.00
1 Bombay Sapphi re
9.00
1 Crown Royal $Rocks 9.75
2 Grey Goose IB.00
1 Marg Rocks
8.00
1 Henderi cks 8.75
1 Merlot
5.00
1 EMPRed Bull 2.00
Charge Ti p 25.00
XXXXXXXXX'
Amex
150.46
Subtotal 117.25
Tax
8.21
Servi ce Chrg
25.00
Payment 150.46
2503 Check Closed-
Jan23'13 07:11PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar -
Chk 392 TBL 16 Gst 4
Jan23'13 04:50PM
Cabernet 10.00
G Mudhouse 9.00
House W/ Entree 0.00
French W/ Entree 0.00
CHICKEN FETTUCIN 22.57
12oz Pri me Ri b 28.97
Mash Pots
PASTA PRIMAVERA 22.57
Chi x Breast Bake 22.57
Potato
Cabernet 10.00
Gi ngerale 2.50
Cof f ee 11.25
Cash 1600.00
Subtotal 139.43
Tax 9.77
Payment 149.20
Change Due 1450.80
2503 Check Closed
Jan23'13 06:31PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 433 Jan23'13 04
M Gst 1
1 Chardonnay
5.00
1 RM Fi l et Ti ps
6.00
1 Add RMMash
3.00
1 Chardonnay
5.00
Charge Ti p
4.00
XXXXXXXXX!
Vi sa
24.33
Subtotal
19.00
Tax
1.33
Servi ce Chrg
4.00
Payment
24.33
-2503 Check Closed-
-Jan23'13 07:16PM-
* * * Merchant Copy * * * *
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 391 up 14 SEP
Jan23'13 04:46PM
Gst 1
1 Merlot
1 GChandon
1 Bar-Chi ps
1 RMBurger
1 Add RM Fri es
XXXXXXXX,
Vi sa
5.00
To.00
0.00
6.00
3.00
25.68
Subtotal
Tax
Payment
2503 Check Closed--
Jan23'13 07:16PM-
24.00
1.68
25.68
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 431 Jan23'13 04:46PM" ^ t 1
Servi ce Chrg 5.00
Payment 23.19
2503 Check Closed
Jan23'13 07: 18PM-
* * * *
Merchant Copy * *
1 G7 DAughters 8.00 1 G7 DAughters 8.00
1 Bar Chi ps 0.00 1 RMPot Ski ns 5.00
1 RMFi l et Ti ps 6.00 Charge Ti p 2.00
1 Add RM VOD 3.00 XXXXXXXXX)
Charge Ti p 5.00 Vi sa 15.91
xxxxxxxxxx:....
M.C. 23.19 Subtotal 13.00
Tax 0.91
Subtotal 17.00 Servi ce Chrg 2.00
Tax 1.19 Payment 15.91
Ma 1 i o * s
Tampa, Flori da
81 3 - 2 2 3 - 7 ^ 4 6
2503 PMBar \
Chk 434 Jan23'13 04:46PM Gst 1
-2503 Check Closed-
-Jan23'13 07:17PM-
agreement.
M a l i o ' s
Tampa, Ftori da
81 3 - 2 2 3 - ^ 7 7 4 6
2503 PMBar
Chk 470 Jan23'13 05:59RM Gst 4
1/2 Fi nlandi a 2.50
1/2 RMFi l et Ti ps 3.00
1/2 RMFi l et Ti ps 3.00
1/2 1/2 Jalapeno 2.00
1/2 RMShri mp Theres 3.00
1/2 RMPot Ski ns 2.50
Charge Ti p 10.00
XXXXXXXXXX'
M.C. 35.15
Subtotal 23.50
Tax 1.65
Servi ce Chrg 10.00
Payment 35.15
2503 Check Closed
Jan23'13 07:50PM
M a 1 i o ' s
lawn, naritia
8 1 3 - 2 2 3 - 7 7 4 \
2503 PM Bar
Chk 463 JEFFASHLEY Gst 1
)0.00
5,00
)b.l0
2 Fi nlandi a
Charge Ti p
XXXXXXXXXX
Vi sa
Subtotal
Tax
Servi ce Chrg
Payment
10.00
0.70
5.00
15.70
agreement.
M a l i o
J
s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
1
Chk 445 Jan23'13 05:07PM Gst 3
1 Fi nlandi a Marti ni 6.50
Rocks
1 Chopped Salad 8.57
1 Escargot 10.77
2 Chardonnay 10.00
1 Fi nlandi a Marti ni 6.50
Rocks
Cash
1 0 0
o
. Charge Ti p 8 00
XXXXXXXXX'
Di scover 43,31
Subtotal 42 34
I 2.87
Servi ce Chrg 8 00
Payment 53,31
2503 Check Closed
Jan23'13 08:40PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6 ,
2503 PMBar
Chk 395 B1/2 LADIES Gst 1
Jan23'13 05:03PM
1 Pi not Gri gi o
1 RM^Bi i rQer^
1 Pf not-Gri gi o
Charge Ti p
XXjKXXXXXXV
Vn'sa.
Subtotal
f ax
Servi ce Chrg"
Payment
2503 Check Closed
Jan23'13 07:15PM
5.00
6.00 *
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
rwi ~474 B8 PHILL
m
Jan23'l3 07:05PM
Gst 1
2 House Chard
Charge Ti p
xxxxxxxxxv
Vi sa
14.00
3.00
17.98
Subtotal 1J.00
Servi ce Chrg 3.00
Payment , "
, a o
2503 Check Closed
Jan23'13 07:51PM
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 421 TBL15 . .
Jan23'13 05:59PM-
Gst 4
1/2 Fi nlandi a
1/2 Fi nlandi a
1/2 RM Fi l et Ti ps
1/2 RMFi l et Ti ps
1/2 1/2 Jalapeno
1/2 RMShri mp Theres
1/2 RH Pot Ski ns
1/2 Fi nlandi a
1/2 Fi nlandi a
Charge Ti p
XXXXXXX)
Amex
50
2.50
3.00
3.00
2.00
3.00
2.50
2.50
2.50
6.00
31.15
Subtotal 23.50
Tax 1.65
Servi ce Chrg 6.00
Payment 31.15
2503 Check Closed
Jan23'13 07:50PM-^-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 ^ - 7 7 4 6
2503 PMBar "
Chk 493 B 11 Gst
Jan23'13 07:51PM
2 House CAB
Charge Ti p
XXXXXXXXX'
Vi sa
14.00
2.00
16.98
Subtotal 14.00
Tax 0.98
Servi ce Chrg 2.00
Payment 16.98
2503 Check Closed
Jan23'13 08:37PM
i
i
J
ac.
ag r eemen t ""
1 s s u e r
* * * * Merchant Copy * * *
:
M a l i o ' s
Tampa, Flori da
3 1 3 - 2 2 3 - 7 7 4 6
2503 PMBar ^
Chk 440 B8 GUY> Gst 1
Jan23'13 06:26PM
6.00
2.00
8.42
1 Scotch
Charge Ti o
XXXXXXXXX
Vi sa
Subtotal 6.00
Tax 0.42
Service Chrg 2.00
Payment 8.42
2503 Check Closed
Jan23'13 08:38PM
, K W u u u v c t ot al
agreement.
Ma 1 i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 429 B3/4 CPLE Gst 2
Jan23'13 06:17PM
2 Scotch
12.00
3 G Earthquake
33.00
1 RMShri mp Gr i l l
6.00
1 RMFi l et Ti ps
6.00
XXXXXXXXX*
Vi sa
60.99
Subtotal
57.00
Tax
3.99
Payment
60.99
-2503 Check Closed-
~Jan23'13 07:52PM-
aouui u M IH LU mi uai u IOOUCI
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 486 Gst 1
Jan23'13 07:25PM
3 Mi l l er Li te 14.01
1 Grey Goose 9.00
4 Bombay Sapphi re 36.00
1 Bud Li ght 4.67
2 Amstel 10.50
1 Wood Ford Resv 12.50
$Rocks
Charge Ti p 20.00
XXXXXXXXX
Amex 112.75
Subtotal 86.68
Tax 6.07
Servi ce Chrg 20.00
Payment 112.75
-2503 Check Closed-
-Jan23'13 08:01PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 508 B 11 Gst 1
Jan23'13 09:14PM
Don Jul i o 1942 24.00
$Neat
Cash 100.00
Subtotal 24.00
Tax 1.68
Payment 25.68
Change Due 74.32
2503 Check Closed-
-Jan23'13 09:15PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 510 Jan23'13 06:28PM Gst 2
Absolut
16.00
Fi nlandi a
10.00
Ketel One
19.00
Spi nach Salad
14.67
$Chi cken
Cash
63.85
Subtotal
59.67
Tax
4.18
Payment
63.85
2503 Check Closed-
-Jan23'13 09:24PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6 M a 7
l 0
.
2503 PMBar
Chk 420 UP4 Gst 6
2 5
3 PH Bar
Jan23'13 05:17PM
6 JD Black 46.50
1 Ketel One 9.50
2 Ketel One 19.00
2 JD Black 15.50
2 RMBacon 12.00
Cash 109.68
Subtotal 102.50
Tax 7.18
Payment 109.68
Jan23'13 06:51PM
2 2 3 -
7 7 4 6
Cash
15.00
Subtotal
Tax 10.50
Payment 0.74
Change Due
, ?
'
2 4
Check C|
0 s e d
3 , 7 6
i nai >* *
Please Come f tya..
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 447 66 GsU
Jan23'13 06:36PM
2 GSterl i ng
Cash
16.00
20.00
Subtotal 16.00
?
x
1.12
Payment 17,12
Change Due 2 88
2503 Check Closed
Jan23'13 06:36PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 503 B8 MICHAEL Gst 1
Jan23'13 08:35PM
1 J.W. Black $Rocks 11.50
XXXXXXXXXXX
Af li ex 12.31
Subtotal 11.50
Tax 0.81
Payment 12.31
2503 Check Closed
Jan23'13 11:03PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 418 B8 SHANNON Gst 1
Jan23'13 05:54PM
1 RMFi l et Ti ps 6.00
XXXXXXXXXXX
Amex 6.42
Subtotal 6.00
Tax 0.42
Payment 6.42
2503 Check Closed
Jan23'13 11:04PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar * -
Chk 446 Jan23'13 05:07PM Gst 3
2 Chardonnay 10.00
1 Chopped Salad 8.57
Cash 100.00
Subtotal 18.57
Tax 1.30
Payment 19.87
Change Due 80.13
2503 Check Closed-
-Jan23'13 06:41PM-
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 409 B5 Gst 1
Jan23'13 05:45PM
1 Fi nlandi a 5.00
Cash 20.00
Subtotal 5.00
Tax 0.35
Payment 5.35
Change Due 14.65
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 403 UP14 MARTY Gst 2
Jan23'13 05:20PM
1 GSanta Marg 14.00
1 RMBacon 6.00
1 Bar Chi ps ' 0.00
Cash 21.40
Subtotal 20-00
t i n
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 516 BMIGUEL Gst 1
Jan23'13 09:32PM
1 Caesar
Cash
Subtotal
Tax
Payment
-2503 Check Closed-
-Jan23'13 71:02PM-
8.57
9.17
8.57
0.60
9.17
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 419 BB Gst 1
Jan23'13 05:55PM
2 Plnot Gri gi o
Cash
10.00
10.70
Subtotal 10.00
Tax 0.70
Payment 10.70
2503 Check Closed
Jan23'13 05:55PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 498 DENISE Gst 1
Jan23'13 08:14PM
BURGER MED
1 Open Food
Cash
6.00
6.42
Subtotal 6.00
Tax 0.42
Payment 6.42
2503 Check Closed
Jan23'13 11:02PM
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 515 BJAKE Gst 1
Jan23'13 09:32PM
1 Caesar
Cash
8.57
9.17
Subtotal 8.57
Tax 0.60
Payment 9.17
2503 Check Closed
Jan23'13 11:02PM
Ma l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
M a 1 i o ' s
Tampa, Flori da
81 3 - 2 2 3 - ^ 7 4 6
2503 PM Bar
Chk 460 PATIO Gst 4
Jan23'13 06:52PM
Chk 527 B3 H Gst 1
Jan23'13 10:33PM
2 RMBurger
12.00 1 Bud 4.67
2 AddRM0 Ri ngs 6.00 Cash 20.00
Cash
20.00
Subtotal 4.67
Subtotal
18.00 Tax . 0.33
Tax
1.26 Payment 5.00
Payment
19.26 Change Due y. 15.00
Change Due 0.74
<?W! f har-l TI
.lan?3'13 10:35PM
M a l i o ' s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk 464 C Gst 1
Jan23'13 06:53PM
1 Fi nlandi a 5.00
Cash 5.35
Subtotal 5.00
Tax 0.35
Payment 5.35
2503 Check Closed
Jan23'13 06:54PM
M a l i o ' s
Tampa.-ôri da
8 1 3 - 2 2 3 \ r 7 7 4 6
2503 PM Bar
Chk 399 B3 GUY Gst 1
Jan23'13 05:12PM
2 Peroni 10.50
1 Belvedere Marti ni 11.00
Up
Cash 25.00
Subtotal 21.50
Tax 1.51
Payment 23.01
Change Due 1.99
-2503 Check Closed-
-Jan23'13 06:44PM-
M a 1 i o ' s
Tampa, Flori da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 389 TB 15
Jan23*13 03:25PM
Gst 3
Lob Bi s W/ Entre 3.00
16oz NY Stri p 42.97
The Wedge 9.67
Crab Cakes 15.97
Iced Tea 2.50
Gi ngerale 2.50
Charge Ti p 16.02
XXXXXXXXXX
Vi sa 98.00
Subtotal 76.61
/ Tax 5.37
f Servi ce Chrg 16.02
Payment 98.00
2503 Check Closed
Jan23'13 04:52PM
Ma l i o'.s
Tampa, FloTt da
8 1 3 - 2 2 3 - 7 7 4 6
2503 PMBar
Chk 387 B12 Gst 1
Jan23'13 02:24PM
1 Ci oppi no 11.00
1 GFour Vi nes B.00
1 GChateau Ste M 11.00
Charge Ti p 6.00
XXXXXXXX>
Amex 38.10
Subtotal 30.00
Tax 2.10
Servi ce Chrg 6.00
Payment 38.10
.__2503 Check Closed
Jan23'13 03:47PM
Ma 1 i o -
s
M a l i o ' s
raji pa, F j
o r j d a T a m p a j F
]
0 r j u a
a 1 3 - 2 2 3 - - 7 7 4
e
8 1 3 - 2 2 3 - 7 7 4 6
.2503 PMear _ 2503 PMBar - . "
Chk 393 TJS """7'r; Chk 388 B W ^ ^ I f e t 3
_
J
f "23'13 04:51PM Jan23'13 03:17PM
t f w
a
?
I
.
S a , a d
~~~9~67 2 The Wedge 19.34
m m
1
" * 59 07 1 Cup Cl pr f pl ST
, nZ
N
,
y
1 Chardonnay 5.00
Sy
q U
r
8-00 Charge Ti p 9.00
i r ; / . xxxxxxxxx>
$ S T 8.00 Vi sa j 44.68
XXXXXXXXX)
, 5
-
0 0
A/nex
^
t 0 t a I
84.74 Pywrt 44.68
S p r t /
, -
a
. 5.94
2 5 0 3 C n e c k c 1 o s e d
S e n t
9 , 5
"
0 0
Jan23'13 05:11PM
r
- 2 50 3 Check Cl os J i
5
: !
8
.
Jan23'13 05:55PM
Subtotal" 33.34
105.68
T
ax 2.34
Servi ce Chrg 9.00
si gnature
agreement.
M a l i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4 6
2503 PM Bar
Chk~402 ^B4/5 CPLE Gst 2
Jan23'13 05:19PM ^
2 Cabernet
2 RM Burger
1 Add RM Fri es
2 Cabernet
Charge Ti p
XXXXXXXXX'
Vi sa
10.00
12.00
3.00
10.00
5.00
42.45
Subtotal 35.00
Tax 2.45
Servi ce Chrg 5.00
Payment 42.45
2503 Check Closed
Jan23'13 06:42PM
Ma 1 i o ' s
Tampa, Flori da
81 3 - 2 2 3 - 7 7 4
2503 PMBar -
Chk 413 BSERVICE Gst
Jan23'13 05:51PM
2 Grey Goose 2
Marti ni Up $Blue
. Chs Oli ves
1 Blantons $Rocks
Charge Ti p
XXXXXXXXX'
Amex
25.00
10.50
8.00
45.99
Subtotal 35.50
Tax 2.49
Servi ce Chrg 8.00
Payment 45.99
2503 Check Closed
Jan23'13 06:12PM
Hart, Richard
ent :
o:
Cc:
Subject:
Attachments:
Fr om: Austrich, Jaime <jaustrich@slk-law.com>
Monday, February 25, 2013 10:38 AM
Hart, Richard
Ellis, Jonathan J. ; John Fitzgibbons (fitzgibbons.law@verizon.net)
Malio's Valet Driver
NOF Affidavit of Moore In Opposition to Pit Mtn for New Trial and for Judg Notwithstanding
Verdict, pdf; scan6955_000_00000000_00000001. pdf
Mr. Hart,
Pursuant to the request by the State Attorney, I have attached a copy of three affidavits signed by the Valet Driver at
Malio's working on the evening of Jan. 23. The affidavit dated Jan 29 was prepared in my office. The othertwo were
prepared by counsel for the Defendants in our case, Bubba Clem and his radio network.
They prepared the first affidavit before they received the one Mr. Moore signed in my office. They prepared the last
affidavit following their receipt of the affidavit signed in my office.
I also attached a second copy of the affidavit we prepared because it has Mr. Moore's driver's license on the last
page. He's a college student living in Pinellas. His Cell number is: 813-965-8832
813.229.7600
813.227.2273 direct
813.229.1660 fax
iaustrich@slk-law.com
www.slk-law.com
Confidentiality Statement: This electronic message contains information from the law firm of Shumaker, Loop & Kendrick, LLP, and may be confidential or privileged. The
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of the contents of this message is prohibited. If you have received this electronic message in error, please notify the sender immediately by reply e-mail or telephone
800.444.6659.
Thanks.
J ai me A ust r i ch
Attorney at Law
h u maker , Loop & Kendr i ck LLP
Bank of America Plaza
Suite 2800
Tampa, FL 33602
( H B
1
I N THE C I RC UI T COURT OF THE THI RTE E NTH JUDI CI AL CI RCUI T
OF THE S TATE OF F LORI DA, I N AND F OR HI LLSBOROUGH COUNTY
C I V I L ACTI ON
TODD SCHNI TT and
MI C H E L L E SCHNI TT,
Plai nti f f s,
v. CASE NO.: 08-05738
COX RADI O, I NC., BUBBA RADI O
NETWORK, I NC., and BUBBA C L E M,
Def endants.
/
AFFI DAVI T OF JOSHUA L E E MOORE
Stateof Flori da )
)
Comi ty of Hi llsborough )
1. My name i s Joshua Lee Moore. Thi s af f i davi t i s based on my personal
knowledge. I amgi vi ng thi s af f i davi t of my own f ree wi ll and accord.
2. I ama Valet Dri ver f or 717 Parki ng and amassi gnedto Mali os Pri me Steakhouse
i n downtown Tampa, 400 NAshley Dri ve, Tampa, FL 33602.
3. I have been employed as the valet at Mali os si nce December 31, 2012. My work
schedule i s Monday through Saturday, 5pmto 11pm.
4. On January 23,2013,1 workeda shi f t at Mali os f rom5pmto 11pm.
5. Af ter dark that eveni ng, at approxi mately 7pm, a dark hai red woman,
approxi mately 5 f oot tall and 30 years old, pulled up i n a grey Ni ssan Alti ma. I handed her a
valet ti cket andparked her vehi cle. I remember parki ng the vehi cle because the door handle was
broken. I hadnever met or seen her bef ore.
1
6. At approxi mately 10 pm later i n the eveni ng, an older gentleman, whomI had
never met or seen bef ore, approachedmy podi umwi th a valet ti cket f or the Alti ma and askedme
i f the vehi cle couldbe lef t overni ght.
7. I told hi mthat the vehi cle couldbe lef t i n Mali os parki ng lot overni ght.
8. Then the dark hai red woman came out and the gentleman told her that i t was f i ne
to leave the vehi cle at Mali os overni ght.
9. She responded by sayi ng that she cannot leave the vehi cle overni ght because she
neededto have access to i t later.
10. As these two i ndi vi duals conti nued thei r di scussi on I deci ded to move the vehi cle
up f ront. Whether they were taki ng the vehi cle or leavi ng i t overni ght, I would have hadto move
i t.
11. I lef t the keys i n the i gni ti on and the engi ne runni ng.
12. They conti nued thei r conversati on duri ng whi ch she i nsi sted they move the
vehi cle and he repeatedly assuredher i t would be f i ne to leave the vehi cle at Mali os overni ght.
13. In the i nteri m, other customers came up and I retri evedthei r vehi cles.
14. At some poi nt duri ng thei r conversati on, he sai d that she was not able to dri ve.
15. She appearedto be i ntoxi cated.
16. He di dnot appear i ntoxi cated.
17. Eventually, she prevai led upon hi mto take the vehi cle. He opened the f ront
passenger si de door f or her and she sat i nsi de the vehi cle. Af ter closi ng her door, he put a black
case ei ther i n the back seat or i n the trunk.
18. He then got i nto the dri ver's seat and drove away.
2
19. HadI suspectedthat he had too much to dri nk, I wouldnot have permi tted hi mto
get behi ndthe wheel.
Stateof Flori da
County of Hi llsborough
us The f oregoi ng i nstrument was acknowledged bef ore me thi s ( f day January, 2013, by
Joshua Lee Moore, who i s personally known to me or who produced FLORIDA DRIVER'S
LICENSE # l as i denti f i cati on, who di dtake an oath, and who swears that the
f oregoi ng statement i s true to the best of hi s knowledge.
MELISSA KULCZYCKE
A Commission # EE 162234
Expires February 5,2016
Bonded Tim TroyFabbianno8Q0J8W019
JOTARYPUBLIC
Name: M & A >SA K u L ^ l H f l O^
My Commi ssi on Expi res: S / ( j
[notary seal]
3
I N THE CI RCUI T COURT OF THE THI RTEENTH JUDI CI AL CI RCUI T
IN AND FOR HDLLSBOROUGH COUNTY, STATE OF foORIDA
GENERAL C I VI L LAW DIVISION ,
TODD SCHNITT andMICHELLE SCHNITT, |
Plai nti f f s, j
i
vs. CASE NO.: j 08-CA-05738
1
i
COX RADIO, INC., BUBBA RADIO NETWORK, DIVISION: | J
INC., andBUBBA CLEM, '
Def endants.
N O T I C E O F F I L I N G A F F I D A V I T S O F J O S H U A L E E I M O O R E
I N O P P O S I T I O N T O P L A I N T I F F S ' M O T I O N F O R A N E \ V T R I A L A N D
M O T I O N F O R J U D G M E N T N O T WI T H S T A N D I N G T H E V E R D I C T
1
C O M E S N O W, A D A M S & D I A C O , P. A. , S T E P H E N C . J MA C O , R O BE R T D.
i
A D A MS , BR I A N P. M O T R O N I , and A D A M F I L T H A U T , by and through thei r undersi gned
counsel, hereby gi ves noti ce of f i li ng the f ollowi ng i n opposi ti on to Plai nti f f s' Moti on f or New
!
Tri al andMoti on f or Judgment Notwi thstandi ng the Verdi ct: j
1. Af f i davi t of Joshua Lee Moore datedJanuary 29,2013; !
2. Af f i davi t of Joshua Lee Moore dated February 1,2013; andj
3. Af f i davi t of Joshua Lee Moore datedFebruary 12,2013. j
^ C E RTI F I C ATE OF SE RVI CE
I HE RE BY C E RTI F Y that a true andcorrect copyof the f oregoi ng has been f urni shed by
Electroni c Mai l and U.S. Mai l to Joseph F. Diaco, Jr., Esq., Adams '& Di aco, P.A., 101 East
i
Kennedy Boulevard, Sui te 2175, Tampa, FL 33602, i di aco@adams|i i aco.com: Gregory A.
!
I
Hearing, Esq., Thompson, Si zemore, Gonzalez & Heari ng, P.A., 201 N. Frankli n Street, Sui te
1600, Tampa, Flori da 33602, gheari ng@,tsghlaw.com: George A. Vaka,: Esq., Vaka Law Group,
777 S. Harbour Island Blvd. Sui te 300, Tampa, FL 33602, gvaka@lakalaw.com: C. Philip
Campbell, Jr., Esq., Jonathan J. Elli s, Esq., Jai me Austri ch, Esq., Mi ndi M. Ri chter, Esq.,
andJef f rey B. Fabi an, Esq., Shumaker Loop & Kendri ck L L P, 101 E Kennedy Blvd Ste 2800,
Tampa, Flori da 33602, pcampbell@slk-law.com, i elli s@slk-law.corn. jaustri ch@slk-law.com,
mri chter@slk-law.com. i baf i an@slk-law.com; Norman S. Cannella, Sr.,: Esq., 109 North Brush
Street, Sui te 500, Tampa, FL 33602, ncannella@rywantalvai -ez.com: and, Norman S. Cannella,
Jr., Esq., 4037 Henderson Boulevard, Tampa, FL 33629, canella.pa@vei i i zon.net thi s /Q day
of February, 2013.
LEE D. GUNNIV, ESQ.
Flori da Bar No.: 367192
L GU N N @GU N N L A WGR O U P. C O M
SCOTTA. ARTHUR, ESQ.
Flori da Bar No.: 0015889 ;
S A R T H U R @GU N N L A WGR O U P. C O M
GUNNLAW GROUP, P.A.
!
400 North AshleyDri ve, Sui te 2050
Tampa, FL 33602
(813) 228-7070 T E L E P H O N E
(813)228-9400 F A C S I MI L E
Counsel f or Adams & Di aco, P.A., Stephen C. Di aco,
Robert D. Adams, Bri an P. Motroni , AdamFi lthaut
2
STATE OF FLORIDA
COUNTYOFHILLSBOROUGH
Bef ore me, the undersi gnedauthori ty, personally appearedJosh Moore, who upon bei ng
duly sworn, deposes andsays:
1. My name i s Josh Moore. I amover the age of 18 and I havjs personal f i rst-hand
knowledge of the f acts contai nedherei n.
2. On the eveni ng of Wednesday, January 23, 2013, 1 workedthe v41et stand f or Mali o's
Restaurant.
3. I recall parki ng a Ni ssan Alti ma on the above date. |
4. A f ew hours later, I remember a male andf emale come out to retri eve the car.
5. The male subject, whomI later learnedwas Phi l Campbell, handedme the valet stub.
6. I men brought the Ni ssan Alti ma up to the valet stand.
7. A f ew mi nutes later I observed the male subject escort the f emalejto the passenger si de
door andthen proceedto get i n to the vehi cle anddri ve away.
Sworn to andsubscri bedbef ore me by Josh Moore, who i s personallykti pwi jt to me or who has
produced as i denti f i cati on on thi s dayof February, 2013.
Pri nt Name
M"
i
i
IN THE CIRCUIT COURT OFTHE THIRTEENTH JUDICIAL CIRCUIT
CIVIL DIVISION
Plai nti f Ts,
j
vs. CASE NO.: 08-05738
DIVISION:
COXRADIO, INC., BUBBA RADIO
NETWORK, INC., BUBBA CLEM,
Def endants. j
/
AFFIDAVIT OF JOSHUA LEE MOORE j
I
STATE OFFLORIDA
COUNTYOF HILLSBOROUGH j
BEFORE ME, the undersi gnedauthori ty, personally appeared, JOSHUA LEE MOORE,
who af ter bei ng duly sworn, deposes and says as f ollows:
1. My namei s JoshuaLee Moore, I amover 18 years of age, and I currently resi de i n
Hi llsborough County, Flori da.
2. I have personal knowledgeof the f acts and ci rcumstances di scussedherei n.
3. On January 29, 2013, I was asked to si gn an af f i davi t thi t I di d not personally
prepare.
4. I si gnedthat af f i davi t and i t was notari zedby Meli ssa Kulci ycke.
5. Si nce that ti me, I have had the opportuni ty to revi ew that af f i davi t and have
i
di scovered that there are i naccuraci es and i tems that need clari f i cati on i n the
January 29,2013 af f i davi t. I
<5. The f i rst i naccuracy i s i n paragraph 12.1 di d not wi tness tli e f emale i nsi sti ng that
they move the vehi cle; she was just repeati ng that she needed to have access to the
vehi cle. j
i
7. The second i naccuracy i s i n paragraph 17.1 have comelo learn that "prevai l upon"
j
means to i nsi st someone to do somethi ng. At no poi nt in j ti me did I wi tness the
f emale prevai l upon the male to taketli e vehi cle.
!
Sworn to andsubscri bed bef ore me by Joshua Lee Moore, who i s f ersonallyknown to me
or who has produced Dri ver's Li cense # as i c enti f i cati on on thi s 12*
dayof February, 2013.
N n t a r v P n h l i r I
Notary Publi c
Pri nt Name
My commi ssi on expi res:
>*S'"A!> IHBOIIAII A. HOSMUS
*' ' % Noury Publli - SU! ol Horli to
f . f i &>ty\ My Comm. EJAIIIMMay 10.2017
CommlBlf o # EE 8661S7
BondtdTiMoufltt Mi llorui HoteyAna.
1
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2 IN THE C IR C U IT COURT FOR PINELLAS COUNTY, FLORIDA
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I N RE:
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STATE ATTORNEY INVESTIGATION
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STATEMENT OF:
DATE:
PLACE:
REPORTED BY:
APPEARANCES:
RAYMOND FERNANDEZ.
March 5, 2013 , 11:06 a.m.
H i l l s b o r o u g h Co u nty C o u rtho u s e
Tampa, F l o r i d a .
Do nna M. Kanab ay RMR, CRR, FPR,
No tary P u b l i c ,
S t a t e o f F l o r i d a a t l a r g e .
MR. BRUCE BARTLETT and
MR. WILLIAM LOUGHERY and
MS. BEVERLY ANDRINGA
A s s i s t a n t S t a t e A t t o r n e y s
A t t o r n e y s f o r S t a t e o f F l o r i d a .
ALSO PRESENT:
I n v e s t i g a t o r R i c k H a r t
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Kanabay Court Reporters - Serv ing the Tampa Bay Area
Pinellas 727 821-3320; Hillsborough 813 224-9500
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( The w i t n e s s w as s w o rn.)
THE WITNESS: Ye s , ma'am.
RAYMOND FERNANDEZ,
the w i t n e s s h e r e i n , b e i n g f i r s t d u l y s w o rn, w as exami ned
and t e s t i f i e d a s f o l l o w s :
EXAMINATION
BY MR. LOUGHERY:
Q Wo u l d yo u s t a t e yo u r name?
A Raymond F e r n a n d e z .
Q And common s p e l l i n g f o r Fe rnand e z ?
A Ye s . F-E-R-N-A-N-D-E-Z.
Q A l l r i g h t . And how a r e yo u empl o yed ?
A C i t y o f Tampa P o l i c e De partme nt.
Q How l o ng ?
A I 'v e b e e n t h e r e 18 and a h a l f y e a r s .
Q What's yo u r r a n k ?
A S e r g e a n t .
Q How l o ng hav e yo u b e e n a s e r g e a n t ?
A I t ' s b e e n s i x y e a r s .
Q Ok ay. Any p a r t i c u l a r d u t i e s as s e r g e a n t w i t h the
Tampa P o l i c e De partme nt?
A I r u n o u r t r a f f i c e nfo rce me nt u n i t .
Q Ok ay. How l o ng hav e yo u d o ne t h a t ?
A I 'v e b e e n -- w e l l , I 'v e b e e n -- l e t 's s e e . I
t h i n k i t ' s b e e n a l i t t l e o v e r f o u r y e a r s I 'v e ru n the DUI
1 u n i t , t r a f f i c e nfo rce me nt.
2 Q Ok ay. And d i d yo u hav e any e x pe r i e n c e s p e c i f i c
3 w i t h DUI e nfo rce me nt p r i o r to b e co mi ng a s e r g e a n t ?
4 A Ye ah. I hav e ab o u t a t o t a l o f 15 y e a r s , a c t u a l l y ,
5 o n DUI e nfo rce me nt. I w as an o f f i c e r f o r s e v e n, and the n I
6 w as the c o r po r a l , I d i d t h a t f o r t h r e e o r f o u r ( i n a u d i b l e ) .
7 1 Q Ok ay.
8 THE REPORTER: Wai t, w a i t , w a i t .
9 " I w as a c o r po r a l f o r ..."
10 A Fo r t h r e e o r f o u r , t h a t I w as t h e r e . I t ' s b e e n a
11 t o t a l o f 15 y e a r s , t o t a l .
12 BY MR. LOUGHERY:
13 Q And i t ' s my u n d e r s t a n d i n g -- c o r r e c t me i f I'm
14 w ro ng -- t h a t yo u 're the o n l y s e r g e a n t i n Tampa PD f o r
15 t r a f f i c e nfo rce me nt.
16 A No t f o r -- I s h o u l d n 't s a y j u s t t r a f f i c
17 e nfo rce me nt. I d o n i g h t t i m e t r a f f i c e nfo rce me nt, w h i c h o u r
18 mai n j o b i s DUI e nfo rce me nt. T h e r e 's a d ayti me t r a f f i c
19 s e r g e a n t . I ru n a l l n i g h t t i m e a c t i v i t i e s .
2 0 Q Go t yo u .
21 Ok ay. And I t h i n k yo u s a i d the o t h e r d ay yo u
22 hav e , l i k e , 14 o f f i c e r s t h a t a r e u nd e r yo u ?
23 A I hav e 12 o f f i c e r s and two c o r p o r a l s , s o a t o t a l
24 o f 14.
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2 5 1 Q Ok ay. And s o I'm c o n f i d e n t o t h e r Tampa p o l i c e
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o f f i c e r s can make DUI a r r e s t s , b u t yo u r, k i n d o f , ag end a i s
t o l o o k f o r DUIs a t n i g h t t i m e , i s t h a t f a i r to s a y ?
A Ye ah. On av e rag e . I mean, we d o a l l t h e DUI, f o r
t h e mo s t p a r t , w i t h i n the c i t y . Anyb o d y, o b v i o u s l y , can d o
a n y t h i n g . So w hen yo u t a k e o t h e r c r i m e s a l s o , we d o o n
a v e r a g e , l i k e I s a i d , ab o u t 200 a mo nth, and pr o b a b l y t h e
r e s t o f the c i t y maybe d o e s 10 o r 15 .
Q Ok ay. And i s i t f a i r to s a y i f a n o t h e r o f f i c e r
n o t i n y o u r u n i t had mad e some s o r t o f t r a f f i c s t o p and
w o u l d b e l i e v e the pe r s o n to b e DUI, he w o u l d c a l l o ne o f
y o u r g u ys i n ?
A Ye ah. On av e rag e we d o ab o u t 57 pe r c e n t o f them
a s o f r i g h t now, f o r t h i s y e a r . 57 pe r c e n t o f them a r e
s e l f - i n i t i a t e d , w he re we s to ppe d them. So the o t h e r
43 pe r c e n t --
Q Ok ay.
A -- when we w ere c a l l e d .
Q I know t h a t yo u me nti o ne d -- I h e a r d the te rm " 600
u n i t " ? I s t h a t w hat yo u 're c a l l e d ?
A Ye ah. We're a l l 600. R i g h t . I'm 605 , and the n
a l l my u n i t s a r e e i t h e r 670s o r 680s .
Q And t h a t w o u l d - - t o o t h e r o f f i c e r s , t h a t w o u l d
d e s i g n a t e yo u a s the DUI g ro u p.
A That i s c o r r e c t .
Q A l l r i g h t . Thank yo u .
Kanabay Court Reporters - Serving the Tampa Bay Area
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Ok ay. How to g e t s t a r t e d h e r e .
F i r s t o f f , l e t me as k yo u ab o u t Ad am F i l t h a u t .
A F i l t h a u t .
Q F i l t h a u t .
Ok ay. Do yo u know Ad am F i l t h a u t ?
A V e r y w e l l .
Q J u s t g i v e u s a l i t t l e b r i e f b ack g ro u nd how yo u
know hi m, how l o n g .
A W e l l , my w i f e 's b e s t f r i e n d , who s h e 's known f o r
35 y e a r s , w ent aw ay to l aw s c h o o l . So we o b v i o u s l y , knew
h e r , o r I knew h e r b e f o r e s he w ent aw ay to l aw s c h o o l .
She came b ack w i t h Ad am.
Q Ok ay.
A The y g o t m a r r i e d . So o b v i o u s l y , w i t h my w i f e
b e i n g g o o d f r i e n d s w i t h h e r , o b v i o u s l y we had an a c t u a l
t h i n g w here we s t a r t e d g o i ng o u t to d i n n e r and v a c a t i o n s and
s o f o r t h . So -- l e t ' s s e e . I 'v e b e e n m a r r i e d 16 y e a r s , and
I 'v e pr o b a b l y known hi m 14.
Q Ok ay.
A J u s t o ne o f t h o s e , yo u go o n v a c a t i o n , k i d s know
e a c h o t h e r . Yo u j u s t d o e v e r y t h i n g t o g e t h e r , p r e t t y much.
Q Ok ay. And a g a i n , I d o n't w ant to pu t w o rd s i n
y o u r mo u th, b u t yo u hav e a c l o s e r e l a t i o n s h i p , e s p e c i a l l y
thro u g h y o u r f a m i l y .
A C l o s e r e l a t i o n s h i p v i a my w i f e . I mean, b u t I
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c o n s i d e r hi m a f r i e n d e v e n o u t s i d e o f -- i f my w i f e had n't
b e e n f r i e n d s w i t h h e r , e v e n t u a l l y we w o u l d hav e s t a y e d --
we'd s t a y f r i e n d s anyw ays .
Q So yo u s a i d e v e n go on, l i k e , o u t o f s t a t e o r o u t
o f a r e a v a c a t i o n s , the f a m i l i e s d o .
A Ye ah. W e l l , i t w o u l d b e u s f o u r . We'v e g o ne o n
v a c a t i o n s to C o l o rad o . I mean, w e'v e b e e n d i f f e r e n t p l a c e s
Q Do es he hav e c h i l d r e n ?
A He h a s a s m a l l s o n who's -- Ai d e n, I t h i n k , i s
f o u r o r f i v e .
Q And d o yo u hav e c h i l d r e n a s w e l l ?
A I hav e two c h i l d r e n , and he i s the g o d f a t h e r o f
o ne o f my c h i l d r e n .
Q A l l r i g h t . L e t 's t a l k ab o u t p r i o r to
J a n u a r y 23 rd .
F i r s t o f f , I as s u me t h a t Mr. F i l t h a u t knows w hat
yo u d o and yo u r a f f i l i a t i o n w i t h b e i n g a s e r g e a n t and w hat
I'm g o i ng to k i n d o f c a l l DUI s q u ad . I s t h a t f a i r to s a y ?
A Ye ah. He v e r y w e l l knows w hat I d o . He's e v e n
t a l k e d ab o u t d o i ng a r i d e - a l o n g , w hi ch he 's n e v e r d o ne.
A c t u a l l y , w hen he w o rk e d f o r the PD's o f f i c e , he s a t i n o n
few o f my DUI t r i a l s .
Q Ok ay. And I as s u me yo u hav e h i s pe r s o n a l c e l l
pho ne nu mb er.
A Mo s t d e f i n i t e l y .
7
1 Q And he h a s y o u r s .
2 A Ye s .
1
3 Q Ok ay. And y o u r pe r s o n a l c e l l pho ne, I as s u me, i s
4 s o me thi ng yo u c a r r y w i t h yo u e v e n w hen y o u
1
r e o n d u ty?
5 A I c a r r y i t a l l the ti me , ye ah.
6 Q He re 's my q u e s t i o n :
7 I d o n't know -- d o es Tampa PD pr o v i d e yo u w i t h a
8 c e l l pho ne o r d o t h e y j u s t pay f o r yo u r own pe r s o n a l o ne o r
9 d o yo u j u s t hav e a pe r s o n a l o ne?
10 A I w i s h I c o u l d t e l l yo u . The y'v e chang e d t h a t s o
11 many t i m e s thro u g h my c a r e e r . At o ne po i n t t h e y g av e u s a
12 pho ne. At o ne p o i n t t h e y --w e d i d n 't hav e a pho ne. We
13 u s e d o u r own. D u r i n g the RNC, t h e y g av e u s a pho ne, b u t we
14 c o u l d n 't d o a n y t h i n g w i t h i t o t h e r than r e c e i v e t e x t s . Then
15 t h e o t h e r d ay t h e y t o l d u s the y w e re t a k i n g tho s e b ack , and
16 the n we c o u l d go to the g o v ernment pl a n u nd e r the p o l i c e
17 d e partme nt.
18 So i t ' s -- i t ' s chang ed m u l t i p l e t i m e s . And
19 b e cau s e e v e r y ti me t h e y chang e i t , the y g i v e u s a d i f f e r e n t
20 nu mb er --
21 Q Mm-hmm.
22 A -- s o I 'v e d e c i d e d t h a t -- thro u g h my -- mo s t o f
23 my m a j o r i t y o f my c a r e e r , i t ' s al w ays e a s i e r j u s t to hav e my
24 own nu mb er, s o I hav e o ne number, b e cau s e I al w ays hav e
25 pe o pl e c a l l i n g me, and I d i d n 't w ant to chang e nu mb ers .
1 Q Ok ay. So the n yo u 'v e had , b a s i c a l l y , t h a t o ne
2 nu mb er f o r a nu mb er o f y e a r s , i s t h a t c o r r e c t ?
3 A Fo r a nu mb er y e a r s .
4 Q Now, p r i o r to J a n u a r y 23 rd , had yo u e v e r r e c e i v e d
5 any pho ne c a l l s fro m Mr. F i l t h a u t i n r e f e r e n c e to l aw
6 e nfo rce me nt o r a c a l l ab o u t a c r i m e o r a p o t e n t i a l c r i m e ,
7 w here yo u w ere b e i n g c a l l e d i n y o u r p r o f e s s i o n a l c a p a c i t y ?
8 A Ye ah. He's c a l l e d me. L i k e I s a i d d u r i n g -- o n
9 the e l e v a t o r . I mean, he 's c a l l e d me, yo u know, " Hey, t h i s
10 g u y's t h i s , " o r , " I know pe o pl e hang o u t h e r e ." Yo u know,
11 i t ' s ne v e r b e e n s p e c i f i c i n t e l , l i k e I g o t t h i s ti me , l i k e ,
12 | yo u know, u pd a t i n g me.
1 3 i Q R i g h t .
14- A And s o -- o t h e r than the mo nth p r i o r when I g o t
15 ; the c a l l ab o u t Mr. C ampb e l l .
!
16 j Q A l l r i g h t . So i t w o u l d j u s t b e mo re --
i
17 1 A Ve ry g e n e r a l .
18 Q Ok ay. And w o u l d -- w o u l d i t b e c o l l a t e r a l to the
19 co mmu ni cati o n yo u 're h a v i n g ? Yo u f o l l o w w hat I'm s a y i n g ?
2 0 Yo u 're t a l k i n g ab o u t s o me thi ng e l s e and yo u 're t a l k i n g ab o u t
21 how, " Hey, ye ah, I a r r e s t e d some g u y l e a v i n g some b a r ." He
22 mi g ht s ay, " Yeah, I h e a r pe o pl e hang o u t i n t h a t b a r and
23 d r i n k a l o t , " a s o ppo s ed to c a l l i n g yo u u p and s a y i n g , " L e t
24 me t e l l yo u ab o u t t h i s b a r " ?
2 5 | A Ye ah. I t w o u l d b e c o l l a t e r a l .
Q Ok ay. A l l r i g h t . So l e t 's t a l k ab o u t -- s o i t ' s
n e v e r , I s u ppo s e , e v e r l e d to a s p e c i f i c a r r e s t .
A No. I t has n e v e r l e d to a s p e c i f i c a r r e s t .
Q On J a n u a r y -- no . P r i o r to J a n u a r y 23 rd , yo u j u s t
me nti o ne d t h a t yo u had r e c e i v e d some co mmu ni cati o n fro m hi m
p r e v i o u s l y s p e c i f i c a l l y ab o u t P h i l C ampb e l l , i s t h a t r i g h t ?
Q Can yo u t e l l u s ab o u t t h a t . How yo u r e c e i v e d the
co mmu ni cati o n; when d o yo u t h i n k a ppr o x i m a t e l y i t w as ; and
w hat i t w as ab o u t?
A L i k e I s a i d , i t w as pr o b a b l y ab o u t a mo nth, mo nth
and a h a l f b e f o r e . I d o n't rememb er the e x a c t d a t e , 'cau s e
i t r e a l l y w as no t i m po r t a n t to me. And i t w as k i n d o f the
same t h i n g . He t o l d me, " Hey --" t h i s w as p r e t t y much w hat
I rememb er. " The re 's t h i s g u y t h a t w o rk s i n my b u i l d i n g .
He's an a t t o r n e y . He g e t s d ru nk a l l the ti me . He g o e s to
Ma l i o 's and d r i n k s i t up and the n he d r i v e s home d ru nk ." He
g av e u s the name a t the ti me o f , I w ant to s a y i t w as
P h i l l i p C ampb e l l .
Q Ok ay.
A And he s a i d w hat k i n d o f c a r he d r i v e s and ,
o b v i o u s l y , w hat b u i l d i n g . 'Cau s e I know w hat b u i l d i n g my
b u d d y w o rk s o u t o f .
And a t t h a t po i n t , when he g av e me t h a t
i n f o r m a t i o n I a c t u a l l y s e n t an o f f i c e r , Mi k e Lyo n, o u t. I
10
s a i d , " Hey, t h i s i s t h e i n f o r m a t i o n I g o t ," and he w ent o u t.
Q L e t me s t o p yo u f o r a s e co nd .
D i d yo u hav e t h e i m pr e s s i o n t h a t C ampb e l l w as
d r i n k i n g t h a t n i g h t , and i t w as --
A Ye s .
Q As o ppo s ed to g e n e r a l i n f o r m a t i o n ? S p e c i f i c --
A No. T h i s w as s p e c i f i c . T h i s w as n't g e n e r a l .
T h i s w as v e r y s p e c i f i c . He w as t h e r e now, he w as d r i n k i n g ,
and he w as g o i ng to d r i v e home. I t w as t h e same i d e n t i c a l
c i r c u m s t a n c e s
Q Ok ay.
A -- e x c e pt a d i f f e r e n t d ay.
Q Ok ay. Bu t s o i t w as , he 's a t Ma l i o 's d r i n k i n g ; he
d r i v e s t h i s c a r ; t h i s i s h i s name; he 's i n the Bank o f
15 ! Ame ri ca pa r k i n g l o t --
A Ye s .
Q -- and he d r i v e s home.
A Ye s .
Q Ok ay. So yo u s e n t Of f i c e r Lyo n.
D i d yo u d o any b ack g ro u nd w o rk a t yo u r end , yo u
know, ab o u t r u n n i n g h i s DL o r --
A Ye s .
Q -- d o i ng t h a t k i n d o f s t u f f .
A We d i d . The pro b l e m w as , we had " P h i l l i p
C ampb e l l ," s o we c o u l d n 't f i n d hi m.
11
Q He's a l s o C. P h i l l i p C ampb e l l , i s t h a t r i g h t ?
A Ye ah. C h a r l e s P h i l l i p C ampb e l l . So t h e pro b l e m
i s , when my g u y g o t me l a t e r , he s a i d , " I r a n h i s
i n f o r m a t i o n a l l k i n d s o f w ays , S a r g e . I c a n 't f i n d a
P h i l l i p C ampb e l l ." I mean, 'cau s e he s a t o u t t h e r e .
And I c o u l d n 't t e l l yo u how l o ng he s a t t h e r e
'cau s e I d i d the same t h i n g . I w ent to d i n n e r and I w ent
and had c o f f e e . And s o when he g o t w i t h me l a t e r -- and I
w ant to s a y I t r i e d to ru n P h i l l i p C ampb e l l t h a t n i g h t to o
m u l t i p l e w ays and d i d n 't come b ack w i t h a P h i l l i p C ampb e l l .
So a t t h a t po i n t my g u y d i d n 't s t o p anyb o d y,
d i d n 't g e t a n y t h i n g . I mean, I know he s to ppe d c a r s , b u t
d i d n 't g e t a n y t h i n g .
Q R i g h t .
And s o yo u d i d n 't e v e n know w hat he l o o k e d l i k e
t h a t n i g h t .
A No.
Q Be cau s e yo u w e re n't a b l e to p u l l hi m u p,
A No.
Q Ok ay. Now, d i d yo u know who he w as ?
A I had no c l u e who t h i s g u y w as .
Q I mean, d i d F i l t h a u t t e l l yo u t h a t i t w as an
a t t o r n e y t h a t w o rk s i n h i s o f f i c e ?
A I t w as an a t t o r n e y t h a t w o rk s i n h i s b u i l d i n g , i s
w hat he t o l d me.
12
1 Q E x c u s e me. I n h i s b u i l d i n g . Ok ay.
2 A The b u i l d i n g .
3 So I had no -- I mean, i t ' s hu g e. I t ' s t h e Bank
4 o f Ame ri ca b u i l d i n g .
5 Q Ye ah.
6 So yo u knew i t w as an a t t o r n e y s u ppo s e d l y named
7 P h i l C ampb e l l , b u t b e s i d e s t h a t , yo u d i d n 't know who the g u y
8 w as .
9 A I had no -- I 'v e n e v e r -- to the n i g h t I s to ppe d
10 t h a t g u y, I had no c l u e who he w as .
11 Q And j u s t to k i n d o f j ump ahe ad a l i t t l e b i t , I
12 mean, o b v i o u s l y t h e r e 's b e e n p r e s s co v e rag e o f t h e Bu b b a and
13 j MJ t r i a l . And w he the r yo u w ere pa y i n g a t t e n t i o n o r no t, yo u
14; know, t h e r e mi g ht hav e b e e n an o ppo r t u n i t y d u r i n g t h a t --
15 ; I'm t a l k i n g ab o u t p r i o r to the 23 rd -- to hav e s e e n hi m and
16
17
18
19
20
21
22
23
24
s ay, " Oh," o r s e e o r h e a r the name o r r e a d the name and
t h i n k t h a t w as t h e same pe r s o n .
D i d yo u e v e r make t h a t c o n n e c t i o n ?
A I can t e l l yo u t h a t I n e v e r w hats o e v e r e v e n knew
who w as i n v o l v e d i n t h i s c a s e .
Q Ok ay.
A A c t u a l l y , my b u d d y had -- when I w as co mi ng to
c o u r t o ne d ay, Ad am c a l l e d me, " Hey, I'm g o i ng to b e i n the
co u rtho u s e to d ay. Why d o n't yo u come and s e e me?" He t o l d
25 1 me he w as u p h e r e . I d i d n 't e v e n come b y. So I had no c l u e
13
who t h i s g u y w as w hats o e v e r.
Q And d o yo u know w he the r o r no t Mr. F i l t h a u t w as
i n v o l v e d i n the -- w as r e pr e s e n t i n g , o r h i s l aw f i r m w as
r e pr e s e n t i n g Bu b b a i n some b i g t r i a l ?
A T h i s i s the s tate me nt he mad e to me. 'Cau s e I
w ant to s a y i t w as the w eek end b e f o r e o r maybe tw o w eek s
b e f o r e . We had g o ne and pl a y e d p a i n t b a l l , me and hi m and
my s o n.
And he s a y s , " Oh, I'm g o i n g to b e b u s y t h i s w eek ,"
o r, " I 'v e g o t to w o rk to mo rro w ." I t w as a S a t u r d a y , I
t h i n k , we pl a y e d . " And I ' l l b e b u s y to mo rro w ." I s a i d ,
" Su nd ay? What a r e yo u d o i ng , w o rk i ng o n Su nd ay?"
He s a y s , " We l l , I'm pr e ppi n g . I 'v e g o t a b u nch o f
s t u f f I 'v e g o t to pu t t o g e t h e r ."
I s a i d , " What a r e yo u d o i n g ?"
He s a y s , " Oh, t h e r e 's t h i s t r i a l s t a r t i n g t h i s
17! week w i t h Bu b b a, and I 'v e d o ne some w o rk ."
I s a i d , " Oh, yo u g o i ng to b e o n TV?"
He s a i d , " No, no , no . I j u s t i n t e r v i e w e d some
w i t n e s s e s . The re w as s o much s t u f f g o i ng o n, I j u s t d i d
some b ack g ro u nd i n f o r m a t i o n and d i d some w i t n e s s s tate me nts
and b e e n t y pi n g s t u f f u p. So yo u 're no t g o i ng to s e e me o n
TV.
Q Ok ay.
A And t h a t w as i t .
14
1 Q So f o r exampl e, o n J a n u a r y 23 rd , w hen he a c t u a l l y
2 c a l l e d a g a i n to t a l k ab o u t P h i l C ampb e l l d r i n k i n g and
3 p o t e n t i a l l y d r i v i n g , yo u d i d n 't know a t t h a t ti me t h a t j
4 C ampb e l l w as i n a p a r t i c u l a r t r i a l o r he w o u l d hav e b e e n i n
5 a t r i a l , w h i c h yo u r b u d d y w as o n t h e o t h e r s i d e .
6 A I had to c l u e . And i f I w o u l d hav e , I 'd hav e b e e n
7 away fro m i t , l i k e --
9 A -- b i g ti me .
10 Q Ok ay. Good .
11 A l l r i g h t . So l e t ' s t a l k ab o u t J a n u a r y 23 rd .
12 And I 'v e h e a r d a l i t t l e b i t o f t h i s b e f o r e , b u t
13 t h i s i s o b v i o u s l y a d i f f e r e n t v e nu e h e r e , o k ay?
14 A R i g h t .
15 Q So I b e l i e v e yo u come o n w o rk a t 7:00 i n the
16 e v e ni ng , i s t h a t r i g h t ?
17 A I come o n e a r l i e r t h a n my g u ys , b u t my g u ys --
18 Of f i c e r McGi nni s u s u a l l y co mes o n a t 5. Bu t the r e s t o f my
19 t r o o ps come o n a t 7.
20 Q Ok ay. So yo u r e c e i v e d some s o r t o f co mmu ni cati o n
21 fro m Ad am F i l t h a u t t h a t e v e ni ng , i s t h a t r i g h t ?
22 A T h a t i s c o r r e c t .
23 Q T e l l u s ab o u t when t h a t w as and how i t w as .
24 A L i k e I s a i d , i t w as -- I know i t w as a f t e r 7. And
25 I d o n't know the e x a c t ti me . I mean, I l o o k e d a t my pho ne
15
r e c o r d s w hen I pa r a d e d them o u t f o r yo u g u ys , and I t h i n k i t
w as l i k e 7, s o me thi ng , 7:08 o r s o me thi ng . Bu t I knew i t w as
a f t e r 7 a t the ti me b e c a u s e my g u y J o e S u s t e c k w as t h e r e .
Q R i g h t .
A And t h e y u s u a l l y -- s o me ti me s t h e y a r r i v e f i v e
mi nu te s e a r l y , s o meti mes f i v e mi nu te s l a t e . So I knew i t
w as t h e n .
So he a c t u a l l y c o n t a c t e d me.
And I f o r g e t i f i t w as -- t h e f i r s t c o n t a c t w as ,
" Hey, a r e yo u w o rk i ng t o n i g h t ? " Bu t I know I end ed up
c a l l i n g hi m and t h e n he c a l l e d me b ack , o r v i c e - v e r s a .
Q Ok ay. So the f i r s t -- and I w ant to make s u r e we
k i n d o f , i f we can, t r y to t a l k ab o u t w he the r i t ' s a t e x t o r
a c a l l . 'Cau s e I know yo u s a i d t h e r e w as b o th, o k ay?
A The re w as b o th.
Q And s o I j u s t w ant to --
So yo u t h i n k he c a l l e d yo u i n i t i a l l y .
A No. I t h i n k i t w as i n i t i a l l y a t e x t , s a y i n g ,
" Hey, a r e yo u w o rk i ng t o n i g h t ?"
Q Ok ay. And the n yo u t h i n k as a r e s u l t e i t h e r yo u
i
2 1 1 c a l l e d hi m o r maybe he c a l l e d yo u o r yo u t e x t e d hi m b ack and
I
22 he c a l l e d yo u o r --
23 A I t w as o ne o f t h o s e -- and h o n e s t l y , i t w as no b i g
I
24; d e a l a t the ti me , b e cau s e we t a l k a l l t h e ti me anyw ays . So
25 1 f o r hi m to t e x t me and s ay, " Are yo u w o rk i ng t o n i g h t ," I
16
w o u l d n't t h i n k a n y t h i n g o f i t .
Q Bu t i s i t f a i r to s a y t h a t s h o r t l y aro u nd t h a t
7:00 ti me o r s h o r t l y t h e r e a f t e r i s w hen yo u w o u l d hav e had
co mmu ni cati o n w i t h hi m i n w hi ch P h i l C ampb e l l ' s name came
u p.
Q Ok ay. And s o i f he had s t a r t l e d o f f w i t h s a y i n g ,
" Are yo u w o rk i ng t o n i g h t ," the po i n t o f t h a t w as to t e l l yo u
ab o u t C ampb e l l .
A I'm g u e s s i n g t h a t 's w hat h i s po i n t w as now, ye ah.
Q Ok ay. R i g h t .
Ok ay. So t e l l u s ab o u t t h a t , w hen yo u -- w hat
i n f o r m a t i o n yo u f i r s t g o t t h a t e v e ni ng ab o u t P h i l C ampb e l l .
A H i s s t a t e m e n t w as t h a t the g e ntl e man t h a t he had
t o l d me ab o u t b e f o r e -- 'cau s e I e v e n a s k e d hi m, I s a i d , " I s
t h a t the g u y yo u c a l l e d me ab o u t b e f o r e ?"
He s a i d , " Hey, the a t t o r n e y t h a t 's i n my b u i l d i n g ,
he 's o u t d r i n k i n g a g a i n a t n i g h t a t Ma l i o 's ." He s a i d , " And
the l a s t ti me he d ro v e home o r he w ent home, he a c t u a l l y
w al k e d d own the s t r e e t w i t h a b o t t l e o f w i ne and a d r i n k ."
I d o n't know i f he s a i d i t w as a m a r g a r i t a o r w hate v e r. He
s a i d , " He's g o i ng to d r i v e home a g a i n t o n i g h t d ru nk ."
I s a i d , " Okay." I s a i d , " We l l , we d i d n 't g e t hi m
l a s t ti me ." I s a i d , " We 'l l s i t on hi m-ag ai n --"
Q Now --
17
1 A -- yo u know, " s e e w hat he d o e s ."
2
Q -- d o yo u r e c a l l t h i s b e i n g a pho ne c o n v e r s a t i o n ?
3 A I r e c a l l t h a t b e i n g a pho ne c o n v e r s a t i o n .
4
Q
I mean, t h e w ay yo u 're r e l a t i n g i t --
5 A Ye s . j
i
6
Q
-- w o u l d --
7 A I r e c a l l t h a t b e i n g a pho ne c o n v e r s a t i o n .
8
Q
Ok ay. A l l r i g h t .
9 A I t w as n't a v e r y l o ng pho ne c o n v e r s a t i o n . I s a i d ,
10 " Okay. I ' l l s e nd o ne o f my g u ys o u t. I 'v e g o t f i v e h e r e ."
11 And I b a s i c a l l y d i d the same t h i n g I d i d the p r i o r
12 ti me .
13
Q
Now, d i d yo u know a t t h a t ti me --
14 When w e re yo u a b l e to a c t u a l l y p u l l u p t h e C.
15 P h i l l i p C ampb e l l ? Was i t t h a t n i g h t , o r how d i d yo u -- how
16 d i d yo u r e c t i f y t h a t yo u d i d n 't know who he w as ; yo u
17 co u l d n' t
18 A 'Cau s e he g av e me the c o r r e c t name t h a t ti me . He
19 g av e me " C h a r l e s C ampb e l l ," no t " P h i l l i p C ampb e l l ."
20
Q
So t h a t n i g h t --
21 A That n i g h t o f t h a t pho ne c a l l i s when he g av e me
22 " C h a r l e s C ampb e l l ."
23
Q
Ok ay.
24 A And t h a t 's when I w ent, " Oh. W e l l , t h a t 's
25 pr o b a b l y why --" 'cau s e I rememb er i t w as P h i l l i p Campb e l l
18
1 and my g u y c o u l d n 't l o o k i t u p. So I'm l i k e , " Oh, o k ay."
2 And the n when I r a n i t o r we r a n i t and s aw i t w as
3 " C h a r l e s P h i l l i p C ampb e l l --"
4 Q R i g h t .
5 Now, i n the ti me frame b e tw e e n t h e pho ne c a l l a
6 mo nth o r a mo nth and a h a l f b e f o r e w here he me nti o ne d P h i l
7 C ampb e l l , I'm g o i ng to make an as s u mpti o n h e r e b e c a u s e yo u
8 s e e hi m p r e t t y r e g u l a r l y , d i d yo u e v e r t e l l hi m, " Hey, a r e
9 yo u s u r e t h a t 's t h a t g u y's name? Be cau s e we c o u l d n 't -- I
10 c o u l d n 't g e t hi m up a s P h i l l i p C ampb e l l " ?
11 A Yo u know, I d o n't r e c a l l t e l l i n g hi m t h a t .
12 Q Ok ay.
13 A I d o r e c a l l s a y i n g , " Yeah. We d i d n 't g e t
14 a n y t h i n g ."
15 Q R i g h t .
16 Bu t when yo u g e t the pho ne c a l l o n t h e 23 rd , now
17 he 's g i v i n g yo u the f u l l name.
19 Q Ok ay.
20 A He g av e me " C h a r l e s C ampb e l l ." And I d o n't t h i n k
21 he g av e me t h e " P h i l l i p . " He j u s t g av e me the " C h a r l e s
22 C ampb e l l ." And when I r a n i t , I rememb er s e e i n g " C h a r l e s
23 P h i l l i p C ampb e l l ."
24 Q A l l r i g h t . So now yo u 'v e g o t a f a c e ; yo u 'v e g o t a
25 d r i v i n g h i s t o r y o r w hate v e r --
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A C o r r e c t .
Q -- w hat i s i t yo u d o a t t h a t po i n t ?
A W e l l , a t t h a t po i n t , when I'm s i t t i n g i n my
o f f i c e , I d i d n 't hav e -- I d i d n 't ru n a n y t h i n g a t t h a t
po i n t .
Q Ok ay. T h a t w as l a t e r , yo u d i d t h a t .
A I d i d t h a t l a t e r .
Q Ok ay.
A When I w as s i t t i n g i n my o f f i c e , I j u s t g o t the
i n t e l , and I g av e i t to J o e S u s t e c k , who w as s i t t i n g a t h i s
d e s k . " The re 's a g u y named t h i s . T h i s i s the c a r
d e s c r i p t i o n . He's a t Ma l i o 's d r i n k i n g . He's pr o b a b l y g o i ng
to d r i v e home. And he w o rk s i n the Bank o f Ame ri ca
b u i l d i n g ."
And I rememb er the c o n v e r s a t i o n 'cau s e I e v e n
a s k e d -- I s a i d " Bank o f Ame ri ca b u i l d i n g ? " I s a i d , " I s
t h e r e a pa r k i n g g a r a g e ?"
And t h e y w ent, " Oh, ye ah. I t ' s n e x t to i t . "
I s a i d , " We l l , w here d o es i t e x i t ? "
They s a i d , " Oh, i t e x i t s o nto A s h l e y ."
And I s a i d , " Okay. W e l l , J o e , i t e x i t s o nto
A s h l e y ."
And he g o e s , " Okay. I ' l l go s i t o v e r t h e r e ," and
he l e f t .
Q Ok ay. What i n f o r m a t i o n d i d yo u pr o v i d e hi m as to
20
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w hat he s h o u l d b e l o o k i n g f o r ?
A Guy named C h a r l e s P h i l l i p C ampb e l l o r C h a r l e s
C ampb e l l , a t the ti me , b l a c k BMW. And I w ant to s a y he s a i d
a 6 S e r i e s BMW, b l a c k . Bu t I know i t w as a b l a c k BMW f o r
s u r e .
Q Ok ay. Now, w hat w o u l d b e the no rmal pro ce d u re f o r
t h a t -- I mean, w hat w o u l d yo u e x pe c t y o u r o f f i c e r to d o
w i t h t h a t i n f o r m a t i o n ?
A Go o u t t h e r e and s i t i n t h e a r e a .
Q I know. Bu t w o u l d t h a t mean, i f he s aw a b l a c k
BMW 600 s e r i e s d r i v e o u t, t h a t he w o u l d o b s e r v e i t o r f o l l o w
1 2 ~ " i " t r yo u " know w hat I mean?
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A Ye ah. Yo u s t i l l hav e to g e t r e a s o n a b l e s u s p i c i o n
o n somebod y.
Q R i g h t .
A J u s t b e cau s e yo u g e t i n t e l o n s o meo ne's d r i n k i n g
d o e s n't mean t h a t t h e y 'r e g o i ng to d o s o me thi ng . The g u y
w o u l d hav e to hav e an e r r a t i c d r i v i n g p a t t e r n . I d i d n 't ru n
19 | h i s d r i v e r 's l i c e n s e , s o I d i d n 't know i f i t w as c u r r e n t l y
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s u s pe nd e d .
At t h a t po i n t , when I s e n t Of f i c e r S u s t e c k o u t --
Q Ye ah.
A -- I knew n o t h i n g o t h e r than the i n t e l t h a t I g o t
t h a t he w as d r i n k i n g and he w as g o i ng to d r i v e home.
Q I g u e s s t h a t 's my q u e s t i o n .
21
I'm s u r e yo u 'v e had o t h e r s i t u a t i o n s l i k e t h a t ,
w he re yo u 're a c t i n g o n i n t e l , i s t h a t r i g h t ?
A C o r r e c t .
Q Ok ay. And s o I t a k e i t yo u r g u ys f o l l o w the g u y.
I f the g u y's d r i v i n g f i n e , the y p e e l o f f a t some ti me .
A Mm-hmm. Ye ah.
Q I s t h e r e any k i n d o f minimum amount o f ti me yo u
f o l l o w , o r j u s t a d i s c r e t i o n a r y t h i n g o n t h e o f f i c e r s , yo u
know
A Oh, God , the c o u r t s h e r e hav e r u l e d s o many
d i f f e r e n t w ays , I w i s h I c o u l d t e l l yo u .
I t a l l d epend s . I f t h e r e 's a t r a f f i c i n f r a c t i o n ,
i t ' s p r e t t y mu ch p u l l them o v e r, l i k e a n y t h i n g e l s e .
Q No. I u n d e r s t a n d t h a t .
Bu t i f the g u y d i d n 't hav e a t r a f f i c i n f r a c t i o n ,
w o u l d yo u r g u y f o l l o w hi m to the ed g e o f to w n, o r i t j u s t
d epend s .
A Oh, he w o u l d n't -- i t j u s t d epend s o n the g u y.
Some o f my g u ys w i l l f o l l o w them u p o n the i n t e r s t a t e .
Me, p e r s o n a l l y , I w o u l d n't f o l l o w , pr o b a b l y , more
than a co u pl e b l o c k s .
Q Ok ay. A l l r i g h t . So yo u s e nd Of f i c e r S u s t e c k o f f
to d o t h a t , and yo u 're o u t o f the l o o p o r o u t o f the p i c t u r e
f o r the n e x t pe r i o d o f ti me , i s t h a t r i g h t ?
A Ye ah. I w ant to s a y I g o t maybe u pd ate s fro m
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I N THE C IR C U IT COURT FOR PINELLAS COUNTY, FLORIDA
IN RE:
/
STATEMENT OF:
DATE:
PLACE:
REPORTED BY:
APPEARANCES:
RAYMOND FERNANDEZ.
March 5, 2013 , 11:06 a.m.
Do nna M. Kanab ay RMR, CRR, FPR,
ALSO PRESENT:
I n v e s t i g a t o r R i c k Hart
Pinelias 727 821-3320; Hillsborough 813 224-9500
2
1 ( The w i t n e s s w as s w o rn.)
2 THE WITNESS: Ye s , ma'am.
3 RAYMOND FERNANDEZ,
4 t h e w i t n e s s h e r e i n , b e i n g f i r s t d u l y s w o rn, w as exami ned
5 and t e s t i f i e d a s f o l l o w s :
6 EXAMINATION
7 BY MR. LOUGHERY:
8 Q
Wo u l d yo u s t a t e yo u r name?
9 A Raymond Fe rnand e z .
10 Q
And common s p e l l i n g f o r Fe rnand e z ?
11 A Ye s . F-E-R-N-A-N-D-E-Z.
12
Q
A l l r i g h t . And how a r e yo u empl o yed ?
13 A C i t y o f Tampa P o l i c e De partme nt.
14 Q
How l o ng ?
15 A I 'v e b e e n t h e r e 18 and a h a l f y e a r s .
16 Q
What's yo u r r a n k ?
17 A S e r g e a n t .
18
Q
How l o ng hav e yo u b e e n a s e r g e a n t ?
19 A I t ' s b e e n s i x y e a r s .
20
Q
Ok ay. Any p a r t i c u l a r d u t i e s as s e r g e a n t w i t h the
21 Tampa P o l i c e De partme nt?
22 A I r u n o u r t r a f f i c e nfo rce me nt u n i t .
23
Q
Ok ay. How l o ng hav e yo u d o ne t h a t ?
24 A I 'v e b e e n -- w e l l , I 'v e b e e n -- l e t 's s e e . I
25 t h i n k i t ' s b e e n a l i t t l e o v e r f o u r y e a r s I 'v e ru n the DUI
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u n i t , t r a f f i c e nfo rce me nt.
Q Ok ay. And d i d yo u hav e any e x pe r i e n c e s p e c i f i c
w i t h DUI e nfo rce me nt p r i o r to b eco mi ng a s e r g e a n t ?
A Ye ah. I hav e ab o u t a t o t a l o f 15 y e a r s , a c t u a l l y ,
o n DUI e nfo rce me nt. I w as an o f f i c e r f o r s e v e n, and the n I
w as the c o r p o r a l , I d i d t h a t f o r t h r e e o r f o u r ( i n a u d i b l e ) .
Q Ok ay.
THE REPORTER: Wai t, w a i t , w a i t .
" I w as a c o r po r a l f o r ..."
A F o r t h r e e o r f o u r , t h a t I w as t h e r e . I t ' s b e e n a
t o t a l o f 15 y e a r s , t o t a l .
BY MR. LOUGHERY:
Q And i t ' s my u n d e r s t a n d i n g -- c o r r e c t me i f I'm
w ro ng -- t h a t yo u 're the o n l y s e r g e a n t i n Tampa PD f o r
t r a f f i c e nfo rce me nt.
A No t f o r -- I s h o u l d n 't s a y j u s t t r a f f i c
e nfo rce me nt. I d o n i g h t t i m e t r a f f i c e nfo rce me nt, w hi ch o u r
mai n j o b i s DUI e nfo rce me nt. T h e r e 's a d ayti me t r a f f i c
s e r g e a n t . I r u n a l l n i g h t t i m e a c t i v i t i e s .
Q Go t yo u .
Ok ay. And I t h i n k yo u s a i d t h e o t h e r d ay yo u
hav e , l i k e , 14 o f f i c e r s t h a t a r e u nd e r yo u ?
A I hav e 12 o f f i c e r s and two c o r p o r a l s , s o a t o t a l
o f 14.
Q Ok ay. And s o I'm c o n f i d e n t o t h e r Tampa p o l i c e
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o f f i c e r s c a n make DUI a r r e s t s , b u t yo u r, k i n d o f , ag e nd a i s
t o l o o k f o r DU Is a t n i g h t t i m e , i s t h a t f a i r to s a y ?
A Ye ah. On av e rag e . I mean, we d o a l l the DUI, f o r
the mo s t p a r t , w i t h i n the c i t y . Anyb o d y, o b v i o u s l y , c a n d o
a n y t h i n g . So when yo u t a k e o t h e r c r i m e s a l s o , we d o o n
av e rag e , l i k e I s a i d , ab o u t 200 a month, and pr o b a b l y the
r e s t o f the c i t y maybe d o e s 10 o r 15 .
Q Ok ay. And i s i t f a i r to s a y i f a n o t h e r o f f i c e r
no t i n yo u r u n i t had mad e some s o r t o f t r a f f i c s t o p and
w o u l d b e l i e v e the pe r s o n to b e DUI, he w o u l d c a l l o ne o f
y o u r g u ys i n ?
A Ye ah. On av e rag e we d o ab o u t 57 pe r c e n t o f them
a s o f r i g h t now, f o r t h i s y e a r . 57 pe r c e n t o f them a r e
s e l f - i n i t i a t e d , w here we s to ppe d them. So the o t h e r
43 pe r c e n t --
Q Ok ay.
A -- when we w e re c a l l e d .
Q I know t h a t yo u me nti o ne d -- I h e a r d t h e te rm " 600
u n i t " ? I s t h a t w hat yo u 're c a l l e d ?
A Ye ah. We're a l l 600. R i g h t . I'm 605 , and the n
a l l my u n i t s a r e e i t h e r 670s o r 680s .
Q And t h a t w o u l d -- to o t h e r o f f i c e r s , t h a t w o u l d
d e s i g n a t e yo u a s t h e DUI g ro u p.
Q A l l r i g h t . Thank yo u .
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Ok ay. How to g e t s t a r t e d h e r e .
F i r s t o f f , l e t me a s k yo u ab o u t Ad am F i l t h a u t .
A F i l t h a u t .
Q F i l t h a u t .
Ok ay. Do yo u know Ad am F i l t h a u t ?
A V e r y w e l l .
Q J u s t g i v e u s a l i t t l e b r i e f b ack g ro u nd how yo u
know hi m, how l o n g .
A W e l l , my w i f e 's b e s t f r i e n d , who s h e 's known f o r
35 y e a r s , w ent aw ay to l aw s c h o o l . So we o b v i o u s l y , knew
h e r , o r I knew h e r b e f o r e s he w ent aw ay to l aw s c h o o l .
She came b ack w i t h Ad am.
Q Ok ay.
A The y g o t m a r r i e d . So o b v i o u s l y , w i t h my w i f e
b e i n g g o o d f r i e n d s w i t h h e r , o b v i o u s l y we had an a c t u a l
t h i n g w he re we s t a r t e d g o i ng o u t to d i n n e r and v a c a t i o n s and
s o f o r t h . So -- l e t ' s s e e . I 'v e b e e n m a r r i e d 16 y e a r s , and
I 'v e pr o b a b l y known hi m 14.
Q Ok ay.
A J u s t o ne o f t h o s e , yo u go o n v a c a t i o n , k i d s know
e ach o t h e r . Yo u j u s t d o e v e r y t h i n g t o g e t h e r , p r e t t y much.
Q Ok ay. And a g a i n , I d o n't w ant to pu t w o rd s i n
yo u r mo u th, b u t yo u hav e a c l o s e r e l a t i o n s h i p , e s p e c i a l l y
thro u g h yo u r f a m i l y .
A C l o s e r e l a t i o n s h i p v i a my w i f e . I mean, b u t I
Kanabay Court Reporters Serv ing the Tampa Bay Area
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2 5
c o n s i d e r hi m a f r i e n d e v e n o u t s i d e o f -- i f my w i f e had n't
b e e n f r i e n d s w i t h h e r , e v e n t u a l l y we w o u l d hav e s t a y e d --
we * d s t a y f r i e n d s anyw ays .
Q So yo u s a i d e v e n go on, l i k e , o u t o f s t a t e o r o u t
o f a r e a v a c a t i o n s , the f a m i l i e s d o .
A Ye ah. W e l l , i t w o u l d b e u s f o u r . We'v e g o ne o n
v a c a t i o n s to C o l o rad o . I mean, w e'v e b e e n d i f f e r e n t p l a c e s
Q Do es he hav e c h i l d r e n ?
A He has a s m a l l s o n who's -- Ai d e n, I t h i n k , i s
f o u r o r f i v e .
Q And d o yo u hav e c h i l d r e n a s w e l l ?
A I hav e two c h i l d r e n , and he i s the g o d f a t h e r o f
o ne o f my c h i l d r e n .
Q A l l r i g h t . L e t 's t a l k ab o u t p r i o r to
J a n u a r y 23 rd .
F i r s t o f f , I as s u me t h a t Mr. F i l t h a u t k no w s w hat
yo u d o and yo u r a f f i l i a t i o n w i t h b e i n g a s e r g e a n t and w hat
I'm g o i ng to k i n d o f c a l l DUI s q u ad . I s t h a t f a i r to s a y ?
A Ye ah. He v e r y w e l l knows w hat I d o. He's e v e n
t a l k e d ab o u t d o i ng a r i d e - a l o n g , w hi ch he 's n e v e r d o ne.
A c t u a l l y , w hen he w o rk ed f o r the PD's o f f i c e , he s a t i n o n
few o f my DUI t r i a l s .
Q Ok ay. And I as s u me yo u hav e h i s pe r s o n a l c e l l
pho ne nu mb er.
A Mo s t d e f i n i t e l y .
Pinellas 727 821 -3320; Hillsborough 813 224-9500
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Q And he has y o u r s .
A Ye s .
Q Ok ay. And yo u r pe r s o n a l c e l l pho ne, I as s u me, I s
s o me thi ng yo u c a r r y w i t h yo u e v e n w hen yo u 're o n d u ty?
A I c a r r y i t a l l t h e ti me , ye ah.
Q He re 's my q u e s t i o n :
I d o n't know -- d o es Tampa PD pr o v i d e yo u w i t h a
c e l l pho ne o r d o t h e y j u s t pay f o r yo u r own pe r s o n a l o ne o r
d o yo u j u s t hav e a pe r s o n a l o ne?
A I w i s h I c o u l d t e l l yo u . The y'v e chang ed t h a t s o
many ti me s thro u g h my c a r e e r . At o ne po i n t the y g av e u s a
pho ne. At o ne po i n t t h e y --w e d i d n 't hav e a pho ne. We
u s e d o u r own. D u r i n g the RNC, t h e y g av e u s a pho ne, b u t we
c o u l d n 't d o a n y t h i n g w i t h i t o t h e r than r e c e i v e t e x t s . Then
t h e o t h e r d ay t h e y t o l d u s the y w e re t a k i n g tho s e b ack , and
the n we c o u l d go to the g o v ernment pl a n u nd e r the p o l i c e
d e partme nt.
So i t ' s -- i t ' s chang ed m u l t i p l e t i m e s . And
b e cau s e e v e r y ti me the y chang e i t , the y g i v e u s a d i f f e r e n t
nu mb er --
Q Mm-hmm.
A -- s o I 'v e d e c i d e d t h a t -- thro u g h my -- mo s t o f
my m a j o r i t y o f my c a r e e r , i t ' s al w ays e a s i e r j u s t to hav e my
own nu mb er, s o I hav e o ne number, b e cau s e I al w ays hav e
pe o pl e c a l l i n g me, and I d i d n 't w ant to chang e nu mb ers .
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Q Ok ay. So the n yo u 'v e had , b a s i c a l l y , t h a t o ne
nu mb er f o r a nu mb er o f y e a r s , i s t h a t c o r r e c t ?
A Fo r a nu mb er y e a r s .
Q Now, p r i o r to J a n u a r y 23 rd , had yo u e v e r r e c e i v e d
any pho ne c a l l s fro m Mr. F i l t h a u t i n r e f e r e n c e t o l aw
e nfo rce me nt o r a c a l l ab o u t a c r i m e o r a p o t e n t i a l c r i m e ,
w here yo u w e re b e i n g c a l l e d i n yo u r p r o f e s s i o n a l c a p a c i t y ?
A Ye ah. He's c a l l e d me. L i k e I s a i d d u r i n g -- o n
the e l e v a t o r . I mean, he 's c a l l e d me, yo u know, " Hey, t h i s
g u y's t h i s , " o r , " I know pe o pl e hang o u t h e r e ." Yo u know,
i t ' s n e v e r b e e n s p e c i f i c i n t e l , l i k e I g o t t h i s ti me , l i k e ,
yo u know, u pd a t i n g me.
Q R i g h t .
A And s o -- o t h e r than the mo nth p r i o r w hen I g o t
the c a l l ab o u t Mr. C ampb e l l .
Q A l l r i g h t . So i t w o u l d j u s t b e more --
A V e r y g e n e r a l .
Q Ok ay. And w o u l d -- w o u l d i t b e c o l l a t e r a l to the
co mmu ni cati o n yo u 're h a v i n g ? Yo u f o l l o w w hat I'm s a y i n g ?
Yo u 're t a l k i n g ab o u t s o me thi ng e l s e and yo u 're t a l k i n g ab o u t
how, " Hey, ye ah, I a r r e s t e d some g u y l e a v i n g some b a r ." He
mi g ht s ay, " Yeah, I he ar pe o pl e hang o u t i n t h a t b a r and
d r i n k a l o t , " a s o ppo s ed to c a l l i n g yo u u p and s a y i n g , " L e t
me t e l l yo u ab o u t t h i s b a r " ?
A Ye ah. I t w o u l d b e c o l l a t e r a l .
Q Ok ay. A l l r i g h t . So l e t 's t a l k ab o u t -- s o i t ' s
n e v e r , I s u ppo s e , e v e r l e d to a s p e c i f i c a r r e s t .
A No. I t has n e v e r l e d to a s p e c i f i c a r r e s t .
Q On J a n u a r y -- no . P r i o r to J a n u a r y 23 rd , yo u j u s t
me nti o ne d t h a t yo u had r e c e i v e d some co mmu ni cati o n fro m hi m
p r e v i o u s l y s p e c i f i c a l l y ab o u t P h i l C ampb e l l , i s t h a t r i g h t ?
A T h a t i s c o r r e c t .
Q Can yo u t e l l u s ab o u t t h a t . How yo u r e c e i v e d the
co mmu ni cati o n; w hen d o yo u t h i n k a ppr o x i m a t e l y i t w as ; and
w hat i t w as ab o u t?
A L i k e I s a i d , i t w as pr o b a b l y ab o u t a mo nth, month
and a h a l f b e f o r e . I d o n't remember the e x a c t d ate , 'cau s e
i t r e a l l y w as no t i m po r t a n t to me. And i t w as k i n d o f the
same t h i n g . He t o l d me, " Hey --" t h i s w as p r e t t y much w hat
I rememb er. " The re 's t h i s g u y t h a t w o rk s i n my b u i l d i n g .
He's an a t t o r n e y . He g e t s d ru nk a l l the ti me . He g o es to
17 ' Ma l i o 's and d r i n k s i t up and the n he d r i v e s home d ru nk ." He
1 8 j g av e u s t h e name a t the ti me o f, I w ant to s a y i t w as
P h i l l i p C ampb e l l .
Q Ok ay.
A And he s a i d w hat k i n d o f c a r he d r i v e s and ,
o b v i o u s l y , w hat b u i l d i n g . 'Cau s e I know w hat b u i l d i n g my
23 b u d d y w o rk s o u t o f .
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And a t t h a t po i n t , when he g av e me t h a t
i n f o r m a t i o n I a c t u a l l y s e n t an o f f i c e r , Mi k e Lyo n, o u t. I
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s a i d , " Hey, t h i s i s t h e i n f o r m a t i o n I g o t," and he w ent o u t .
Q L e t me s t o p yo u f o r a s e co nd .
D i d yo u hav e t h e i m pr e s s i o n t h a t C ampb e l l w as
d r i n k i n g t h a t n i g h t , and i t w as --
A Ye s .
Q As o ppo s e d to g e n e r a l i n f o r m a t i o n ? S p e c i f i c --
A No. T h i s w as s p e c i f i c . T h i s w as n't g e n e r a l .
T h i s w as v e r y s p e c i f i c . He w as t h e r e now, he w as d r i n k i n g ,
and he w as g o i ng to d r i v e home. I t w as t h e same i d e n t i c a l
c i r c u m s t a n c e s
Q Ok ay.
A -- e x c e pt a d i f f e r e n t d ay.
Q Ok ay. Bu t s o i t w as , he 's a t Ma l i o 's d r i n k i n g ; he
d r i v e s t h i s c a r ; t h i s i s h i s name; he 's i n the Bank o f
Ame ri ca pa r k i n g l o t --
A Ye s .
Q -- and he d r i v e s home.
A Ye s .
Q Ok ay. So yo u s e n t Of f i c e r Lyo n.
D i d yo u d o any b ack g ro u nd w o rk a t yo u r end , yo u
know, ab o u t r u n n i n g h i s DL o r --
A Ye s .
Q -- d o i ng t h a t k i n d o f s t u f f .
A We d i d . The pro b l e m w as , we had " P h i l l i p
C ampb e l l ," s o we c o u l d n 't f i n d hi m.
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Q He's a l s o C. P h i l l i p C ampb e l l , i s t h a t r i g h t ?
A Ye ah. C h a r l e s P h i l l i p C ampb e l l . So t h e pro b l e m
i s , when my g u y g o t me l a t e r , he s a i d , " I r a n h i s
i n f o r m a t i o n a l l k i n d s o f w ays , S a r g e . I c a n 't f i n d a
P h i l l i p C ampb e l l ." I mean, 'cau s e he s a t o u t t h e r e .
And I c o u l d n 't t e l l yo u how l o ng he s a t t h e r e
cau s e I d i d the same t h i n g . I w ent to d i n n e r and I w ent
and had c o f f e e . And s o when he g o t w i t h me l a t e r -- and I
w ant to s a y I t r i e d t o r u n P h i l l i p C ampb e l l t h a t n i g h t to o
m u l t i p l e w ays and d i d n 't come b ack w i t h a P h i l l i p C ampb e l l .
So a t t h a t po i n t my g u y d i d n 't s t o p anyb o d y,
d i d n 't g e t a n y t h i n g . I mean, I know he s to ppe d c a r s , b u t
d i d n 't g e t a n y t h i n g .
Q R i g h t .
And s o yo u d i d n 't e v e n know w hat he l o o k e d l i k e
t h a t n i g h t .
A No.
Q Be cau s e yo u w e re n't a b l e to p u l l hi m u p.
A No.
Q Ok ay. Now, d i d yo u know who he w as ?
A I had no c l u e who t h i s g u y w as .
Q I mean, d i d F i l t h a u t t e l l yo u t h a t i t w as an
a t t o r n e y t h a t w o rk s i n h i s o f f i c e ?
A I t w as an a t t o r n e y t h a t w o rk s i n h i s b u i l d i n g , i s
w hat he t o l d me.
Pineiias 727 821-3320; Hillsborough 813 224-9500
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Q E x c u s e me. I n h i s b u i l d i n g . Ok ay.
A The b u i l d i n g .
So I had no -- I mean, i t ' s hu g e. I t ' s the Bank
o f Ame ri ca b u i l d i n g .
Q Ye ah.
So yo u knew i t w as an a t t o r n e y s u ppo s e d l y named
P h i l C ampb e l l , b u t b e s i d e s t h a t , yo u d i d n 't know who the g u y
w as .
A I had no -- I 'v e n e v e r -- to t h e n i g h t I s to ppe d
t h a t g u y, I had no c l u e who he w as .
Q And j u s t to k i n d o f j u mp ahe ad a l i t t l e b i t , I
!
12 | mean, o b v i o u s l y t h e r e 's b e e n p r e s s co v e rag e o f the Bu b b a and
MJ t r i a l . And w he the r yo u w e re pa y i n g a t t e n t i o n o r no t, yo u
14 i know, t h e r e mi g ht hav e b e e n an o ppo r t u n i t y d u r i n g t h a t --
15 I'm t a l k i n g ab o u t p r i o r to the 23 rd - - t o hav e s e e n hi m and
s ay, " Oh," o r s e e o r h e a r the name o r r e a d the name and
t h i n k t h a t w as t h e same pe r s o n .
D i d yo u e v e r make t h a t c o n n e c t i o n ?
A I can t e l l yo u t h a t I n e v e r w hats o e v e r e v e n knew
who w as i n v o l v e d i n t h i s c a s e .
Q Ok ay.
A A c t u a l l y , my b u d d y had -- when I w as co mi ng to
c o u r t o ne d ay, Ad am c a l l e d me, " Hey, I'm g o i ng t o b e i n the
co u rtho u s e to d ay. Why d o n't yo u come and s e e me?" He t o l d
me he w as u p h e r e . I d i d n 't e v e n come b y. So I had no c l u e
13
who t h i s g u y w as w hats o e v e r.
Q And d o yo u know w he the r o r no t Mr. F i l t h a u t w as
i n v o l v e d i n the -- w as r e pr e s e n t i n g , o r h i s l aw f i r m w as
r e pr e s e n t i n g Bu b b a i n some b i g t r i a l ?
A T h i s i s the s t a t e m e n t he mad e t o me. 'Cau s e I
w ant to s a y i t w as the w eek end b e f o r e o r mayb e tw o w eek s
b e f o r e . We had g o ne and pl a y e d p a i n t b a l l , me and hi m and
my s o n.
And he s a y s , " Oh, I'm g o i ng to b e b u s y t h i s w eek ,"
o r, " I 'v e g o t to w o rk to mo rro w ." I t w as a S a t u r d a y , I
t h i n k , we pl a y e d . " And I ' l l b e b u s y to mo rro w ." I s a i d ,
" Su nd ay? What a r e yo u d o i ng , w o rk i ng o n Su nd ay?"
He s a y s , " We l l , I'm pr e ppi n g . I 'v e g o t a b u nch o f
s t u f f I 'v e g o t to pu t t o g e t h e r ."
I s a i d , " What a r e yo u d o i n g ?"
He s a y s , " Oh, t h e r e 's t h i s t r i a l s t a r t i n g t h i s
17! w eek w i t h Bu b b a, and I 'v e d o ne some w o rk ."
I s a i d , " Oh, yo u g o i ng to b e o n TV?"
He s a i d , " No, no , no . I j u s t i n t e r v i e w e d some
w i t n e s s e s . The re w as s o much s t u f f g o i ng o n, I j u s t d i d
some b ack g ro u nd i n f o r m a t i o n and d i d some w i t n e s s s tate me nts
and b e e n t y pi n g s t u f f u p. So yo u 're no t g o i ng t o s e e me o n
TV. "
Q Ok ay.
A And t h a t w as i t .
14
1 Q So f o r exampl e, o n J a n u a r y 23 rd , when he a c t u a l l y
2 c a l l e d a g a i n to t a l k ab o u t P h i l C ampb e l l d r i n k i n g and j
3 p o t e n t i a l l y d r i v i n g , yo u d i d n 't know a t t h a t ti me t h a t
4 C ampb e l l w as i n a p a r t i c u l a r t r i a l o r he w o u l d hav e b e e n i n
5 a t r i a l , w hi ch yo u r b u d d y w as o n the o t h e r s i d e .
6 A I had t o c l u e . And i f I w o u l d hav e , I 'd hav e b e e n
7 aw ay fro m i t , l i k e --
9 A -- b i g ti me .
10 Q Ok ay. Good .
11 A l l r i g h t . So l e t ' s t a l k ab o u t J a n u a r y 23 rd .
12 And I 'v e he ard a l i t t l e b i t o f t h i s b e f o r e , b u t
13 t h i s i s o b v i o u s l y a d i f f e r e n t v enu e h e r e , o k ay?
14 A R i g h t .
15 Q So I b e l i e v e yo u come o n w o rk a t 7:00 i n the
16 e v e ni ng , i s t h a t r i g h t ?
17 A I come o n e a r l i e r than my g u ys , b u t my g u ys --
18 Of f i c e r McGi nni s u s u a l l y comes o n a t 5 . Bu t the r e s t o f my
19 t r o o ps come on a t 7.
20 Q Ok ay. So yo u r e c e i v e d some s o r t o f co mmu ni cati o n
21 fro m Ad am F i l t h a u t t h a t e v e ni ng , i s t h a t r i g h t ?
22 A That i s c o r r e c t .
23 Q T e l l u s ab o u t when t h a t w as and how i t w as .
24 A L i k e I s a i d , i t w as -- I know i t w as a f t e r 7. And
25 I d o n't know the e x a c t ti me . I mean, I l o o k e d a t my pho ne
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r e c o r d s when I pa r a d e d them o u t f o r yo u g u ys , and I t h i n k i t
w as l i k e 7, s o me thi ng , 7:08 o r s o me thi ng . Bu t I knew i t w as
a f t e r 7 a t the ti me b e c a u s e my g u y J o e S u s t e c k w as t h e r e .
Q R i g h t .
A And t h e y u s u a l l y -- s o meti mes t h e y a r r i v e f i v e
mi nu te s e a r l y , s o meti mes f i v e mi nu te s l a t e . So I knew i t
w as the n.
So he a c t u a l l y c o n t a c t e d me.
And I f o r g e t i f i t w as -- t h e f i r s t c o n t a c t w as ,
" Hey, a r e yo u w o rk i ng t o n i g h t ?" Bu t I know I end ed up
c a l l i n g hi m and the n he c a l l e d me b ack , o r v i c e - v e r s a .
Q Ok ay. So the f i r s t -- and I w ant to make s u r e we
k i n d o f, i f we can, t r y to t a l k ab o u t w he the r i t ' s a t e x t o r
a c a l l . 'Cau s e I know yo u s a i d t h e r e w as b o th, o k ay?
A The re w as b o th.
Q And s o I j u s t w ant to --
So yo u t h i n k he c a l l e d yo u i n i t i a l l y .
A No. I t h i n k i t w as i n i t i a l l y a t e x t , s a y i n g ,
" Hey, a r e yo u w o rk i ng t o n i g h t ?"
Q Ok ay. And the n yo u t h i n k as a r e s u l t e i t h e r yo u
c a l l e d hi m o r maybe he c a l l e d yo u o r yo u t e x t e d hi m b ack and
he c a l l e d yo u o r --
A I t w as o ne o f t h o s e -- and h o n e s t l y , i t w as no b i g
d e a l a t the ti me , b e cau s e we t a l k a l l the ti me anyw ays . So
f o r hi m to t e x t me and s ay, " Are yo u w o rk i ng t o n i g h t ," I
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w o u l d n't t h i n k a n y t h i n g o f i t .
Q Bu t i s i t f a i r to s a y t h a t s h o r t l y aro u nd t h a t
7:00 ti me o r s h o r t l y t h e r e a f t e r i s when yo u w o u l d hav e had
co mmu ni cati o n w i t h hi m i n w hi ch P h i l C ampb e l l 's name came
u p.
Q Ok ay. And s o i f he had s t a r t l e d o f f w i t h s a y i n g ,
" Are yo u w o rk i ng t o n i g h t ," the po i n t o f t h a t w as to t e l l yo u
ab o u t C ampb e l l .
A I'm g u e s s i n g t h a t 's w hat h i s po i n t w as now, ye ah.
Q Ok ay. R i g h t .
Ok ay. So t e l l u s ab o u t t h a t , w hen yo u -- w hat
i n f o r m a t i o n yo u f i r s t g o t t h a t e v e ni ng ab o u t P h i l C ampb e l l .
A H i s s tate me nt w as t h a t the g e ntl e man t h a t he had
t o l d me ab o u t b e f o r e -- 'cau s e I e v e n a s k e d hi m, I s a i d , " I s
t h a t the g u y yo u c a l l e d me ab o u t b e f o r e ?"
He s a i d , " Hey, the a t t o r n e y t h a t 's i n my b u i l d i n g ,
he 's o u t d r i n k i n g a g a i n a t n i g h t a t Ma l i o 's ." He s a i d , " And
the l a s t ti me he d ro v e home o r he w ent home, he a c t u a l l y
w al k e d d own the s t r e e t w i t h a b o t t l e o f w i ne and a d r i n k ."
I d o n't know i f he s a i d i t w as a m a r g a r i t a o r w hate v e r. He
s a i d , " He's g o i ng to d r i v e home a g a i n t o n i g h t d ru nk ."
I s a i d , " Okay." I s a i d , " We l l , we d i d n 't g e t hi m
l a s t ti me ." I s a i d , " We 'l l s i t on hi m a g a i n --"
Q Now --
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A -- yo u know, " s e e w hat he d o e s ."
Q - - d o yo u r e c a l l t h i s b e i n g a pho ne c o n v e r s a t i o n ?
A I r e c a l l t h a t b e i n g a pho ne c o n v e r s a t i o n .
Q I mean, t h e w ay yo u 're r e l a t i n g i t --
A Ye s .
Q -- w o u l d --
A I r e c a l l t h a t b e i n g a pho ne c o n v e r s a t i o n .
Q Ok ay. A l l r i g h t .
A I t w as n't a v e r y l o ng pho ne c o n v e r s a t i o n . I s a i d ,
" Okay. I ' l l s e nd o ne o f my g u ys o u t. I 'v e g o t f i v e h e r e ."
And I b a s i c a l l y d i d the same t h i n g I d i d the p r i o r
ti me .
Q Now, d i d yo u know a t t h a t ti me --
When w e re yo u a b l e to a c t u a l l y p u l l u p t h e C.
P h i l l i p C ampb e l l ? Was i t t h a t n i g h t , o r how d i d yo u -- how
d i d yo u r e c t i f y t h a t yo u d i d n 't know who he w as ; yo u
c o u l d n 't --
A 'Cau s e he g av e me the c o r r e c t name t h a t ti me . He
g av e me " C h a r l e s C ampb e l l ," no t " P h i l l i p C ampb e l l ."
Q So t h a t n i g h t --
A That n i g h t o f t h a t pho ne c a l l i s when he g av e me
" C h a r l e s C ampb e l l ."
Q Ok ay.
A And t h a t 's when I w ent, " Oh. W e l l , t h a t 's
pr o b a b l y why --" 'cau s e I remember i t w as P h i l l i p Campb e l l
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and my g u y c o u l d n 't l o o k i t u p. So I'm l i k e , " Oh, o k ay."
And the n when I r a n i t o r we r a n i t and s aw i t w as
" C h a r l e s P h i l l i p C ampb e l l --"
Q R i g h t .
Now, i n the ti me frame b e tw e e n t h e pho ne c a l l a
mo nth o r a mo nth and a h a l f b e f o r e w he re he me nti o ne d P h i l
C ampb e l l , I'm g o i ng to make an as s u mpti o n h e r e b e c a u s e yo u
s e e hi m p r e t t y r e g u l a r l y , d i d yo u e v e r t e l l hi m, " Hey, a r e
yo u s u r e t h a t 's t h a t g u y's name? Be cau s e we c o u l d n 't -- I
c o u l d n 't g e t hi m up as P h i l l i p C ampb e l l " ?
A Yo u know, I d o n't r e c a l l t e l l i n g hi m t h a t .
Q Ok ay.
A I d o r e c a l l s a y i n g , " Yeah. We d i d n 't g e t
a n y t h i n g ."
Q R i g h t .
Bu t when yo u g e t the pho ne c a l l o n the 23 rd , now
he 's g i v i n g yo u the f u l l name.
A C o r r e c t .
Q Ok ay.
A He g av e me " C h a r l e s C ampb e l l ." And I d o n't t h i n k
he g av e me t h e " P h i l l i p . " He j u s t g av e me the " C h a r l e s
C ampb e l l ." And w hen I r a n i t , I rememb er s e e i n g " C h a r l e s
P h i l l i p C ampb e l l ."
Q A l l r i g h t . So now yo u 'v e g o t a f a c e ; yo u 'v e g o t a
d r i v i n g h i s t o r y o r w hate v e r --
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A C o r r e c t .
Q -- w hat i s i t yo u d o a t t h a t po i n t ?
A W e l l , a t t h a t po i n t , when I'm s i t t i n g i n my
o f f i c e , I d i d n 't hav e -- I d i d n 't ru n a n y t h i n g a t t h a t
po i n t .
Q Ok ay. T h a t w as l a t e r , yo u d i d t h a t .
A I d i d t h a t l a t e r .
Q Ok ay.
A When I w as s i t t i n g i n my o f f i c e , I j u s t g o t the
i n t e l , and I g av e i t to J o e S u s t e c k , who w as s i t t i n g a t h i s
d e s k . " The re 's a g u y named t h i s . T h i s i s the c a r
d e s c r i p t i o n . He's a t Ma l i o 's d r i n k i n g . He's pr o b a b l y g o i ng
to d r i v e home. And he w o rk s i n the Bank o f Ame ri ca
b u i l d i n g ."
And I rememb er the c o n v e r s a t i o n 'cau s e I e v e n
as k e d -- I s a i d " Bank o f Ame ri ca b u i l d i n g ? " I s a i d , " I s
t h e r e a pa r k i n g g a r a g e ?"
And t h e y w ent, " Oh, ye ah. I t ' s n e x t to i t . "
I s a i d , " We l l , w here d o es i t e x i t ? "
They s a i d , " Oh, i t e x i t s o nto A s h l e y ."
And I s a i d , " Okay. W e l l , J o e , i t e x i t s o nto
A s h l e y ."
And he g o e s , " Okay. I ' l l go s i t o v e r t h e r e ," and
he l e f t .
Q Ok ay. What i n f o r m a t i o n d i d yo u pr o v i d e hi m as to
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w hat he s h o u l d b e l o o k i n g f o r ?
A Guy named C h a r l e s P h i l l i p C ampb e l l o r C h a r l e s
C ampb e l l , a t the ti me , b l a c k BMW. And I w ant to s a y he s a i d
a 6 S e r i e s BMW, b l a c k . B u t I know i t w as a b l a c k BMW f o r
s u r e .
Q Ok ay. Now, w hat w o u l d b e the no rmal pro ce d u re f o r
t h a t -- I mean, w hat w o u l d yo u e x pe c t y o u r o f f i c e r to d o
w i t h t h a t i n f o r m a t i o n ?
A Go o u t t h e r e and s i t i n t h e a r e a .
Q I know. Bu t w o u l d t h a t mean, i f he s aw a b l a c k
BMW 600 s e r i e s d r i v e o u t, t h a t he w o u l d o b s e r v e i t o r f o l l o w
i t , yo u " k no w w hat I mean?
A Ye ah. Yo u s t i l l hav e to g e t r e a s o n a b l e s u s p i c i o n
o n s o meb o d y.
Q R i g h t .
A J u s t b e cau s e yo u g e t i n t e l o n s o meo ne's d r i n k i n g
d o e s n't mean t h a t t h e y 'r e g o i ng to d o s o me thi ng . The g u y
w o u l d hav e to hav e an e r r a t i c d r i v i n g p a t t e r n . I d i d n 't ru n
h i s d r i v e r 's l i c e n s e , s o I d i d n 't know i f i t w as c u r r e n t l y
s u s pe nd e d .
At t h a t po i n t , when I s e n t Of f i c e r S u s t e e k o u t --
Q Ye ah.
A -- I knew n o t h i n g o t h e r than the i n t e l t h a t I g o t !
t h a t he w as d r i n k i n g and he w as g o i ng to d r i v e home. j
|
Q I g u e s s t h a t 's my q u e s t i o n . j
i
21
I'm s u r e yo u 'v e had o t h e r s i t u a t i o n s l i k e t h a t ,
w he re yo u 're a c t i n g o n i n t e l , i s t h a t r i g h t ?
A C o r r e c t .
Q Ok ay. And s o I t a k e i t yo u r g u ys f o l l o w t h e g u y.
I f the g u y's d r i v i n g f i n e , the y p e e l o f f a t some ti me .
A Mm-hmm. Ye ah.
Q I s t h e r e any k i n d o f minimum amount o f ti me yo u
f o l l o w , o r j u s t a d i s c r e t i o n a r y t h i n g o n the o f f i c e r s , yo u
know --
A Oh, God , the c o u r t s h e r e hav e r u l e d s o many
d i f f e r e n t w ays , I w i s h I c o u l d t e l l yo u .
I t a l l d epend s . I f t h e r e 's a t r a f f i c i n f r a c t i o n ,
i t ' s p r e t t y much p u l l them o v e r, l i k e a n y t h i n g e l s e .
Q No. I u n d e r s t a n d t h a t .
Bu t i f the g u y d i d n 't hav e a t r a f f i c i n f r a c t i o n ,
w o u l d yo u r g u y f o l l o w hi m to the ed g e o f to w n, o r i t j u s t
17 i d epend s .
A Oh, he w o u l d n't -- i t j u s t d epend s o n the g u y.
Some o f my g u ys w i l l f o l l o w them u p on the i n t e r s t a t e .
Me, p e r s o n a l l y , I w o u l d n't f o l l o w , pr o b a b l y , more
than a co u pl e b l o c k s .
Q Ok ay. A l l r i g h t . So yo u s e nd Of f i c e r S u s t e c k o f f
to d o t h a t , and yo u 're o u t o f the l o o p o r o u t o f the p i c t u r e
f o r the n e x t pe r i o d o f ti me , i s t h a t r i g h t ?
A Ye ah. I w ant to s a y I g o t maybe u pd ate s fro m
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Ad am, yo u know, l i k e , yo u know, " He's d r i n k i n g mo re," and
s t u f f . And t h e r e w as f r i e n d l y b a n t e r . 'Cau s e I t h i n k h i s
w i f e 's c a r had b ro k e n d own t h a t d ay. So I w as j o k i n g aro u nd
ab o u t h i s c a r .
I mean, I w ent to e a t . I mean ...
Q Now, d o yo u t h i n k tho s e k i n d o f c o n v e r s a t i o n s a t
t h a t ti me , o r co mmu ni cati o ns , a r e mo re t e x t me s s ag e s ?
A Ye ah. I d o n't rememb er t a l k i n g t o hi m a t t h a t
po i n t i n ti me . H o n e s t l y , I pu t my pho ne i n my s h i r t mo s t o f
t h e ti me , and I go e a t d i n n e r , s o ...
Q D i d yo u g e t the i m pr e s s i o n t h a t Mr. F i l t h a u t w as
i n Ma l i o 's ?
A Yo u know, the way he w as g i v i n g me u pd ate s , I
r e a l l y w as n't s u r e . Yo u know, I had s e n t hi m a t e x t
mes s ag e, I rememb er a t o ne po i n t , " Man, yo u 're C I . " L i k e
j o k i n g w i t h hi m.
Q Mm-hmm.
A " Man, yo u 're C I . How g o o d a r e the y, g e t t i n g
i n f o r m a t i o n ." Yo u know, j u s t j o k i n g aro u nd .
So I d i d n 't know. I d i d n 't know i f he w as i n
Ma l i o 's . I know he 's g o t a k i d and a w i f e , s o i t w o u l d
s t r i k e me w e i r d as hi m b e i n g i n a b a r --
Q Mm-hmm.
A Bu t l a t e l y , I g u e s s b e cau s e he 's g o t t e n i n t o b e i ng
an a t t o r n e y and -- I d o n't know. I d o n't know i f he 's
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t r y i n g to mov e up and he 's hang i ng o u t w i t h t h e s e g u ys o r --
Q W e l l , yo u d i d n 't q u e s t i o n i t t h a t n i g h t .
A No.
Q Yo u d i d n 't r e a l l y know.
A No. I had no c l u e .
Q D i d i t make a d i f f e r e n c e t o yo u , o r w o u l d i t make
a d i f f e r e n c e t o yo u i f he w as g e t t i n g t h e i n f o r m a t i o n fro m
somebod y e l s e ?
A No.
Q Wo u l d yo u f i n d t h a t to b e s u s p i c i o u s a t a l l ?
A No t r e a l l y .
'Cau s e i n my own mi nd , I know how he i s ab o u t
d ru nk d r i v e r s .
Q Ok ay.
A And he has yo u ng k i d s . So w e'v e t a l k e d ab o u t t h a t
s t u f f b e f o r e . And he 's e v e n -- he 's e v e n t o l d me, " Yeah,
yo u know, I 'v e s e e n t h e s e pe o pl e come and t o l d me t h e y had
o ne b e e r and t h e y w e re .16, s o I know t h e y 'r e t r a s h e d ."
So w e'v e had t h a t c o n v e r s a t i o n . I know he 's
a g a i n s t d ru nk d r i v e r s .
Q R i g h t .
W e l l , I g u e s s my q u e s t i o n w o u l d b e, i t w o u l d n't
r e a l l y make a d i f f e r e n c e to yo u w he the r the i n f o r m a t i o n w as
c r e d i b l e o r n o t .
A To me, I pu t c r e d i b i l i t y t o i t j u s t b e cau s e he w as
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c a l l i n g me.
Q Ok ay.
A I g av e i n s t a n t c r e d i b i l i t y
Q R i g h t .
A -- b e c a u s e I knew t h i s pe r s o n s o w e l l .
Q Bu t a g a i n , yo u d i d n 't know i f he w as a c t u a l l y i n
the b a r o r n o t .
A I c o u l d n 't t e l l yo u e x a c t l y w he re he w as . I
c o u l d n 't t e l l yo u w here the i n f o r m a t i o n w as co mi ng fro m,
o t h e r t h a n hi m.
Q D i d the -- the i n f o r m a t i o n he g av e to yo u , w as i t
w r i t t e n i n t h e fo rm t h a t w o u l d i mpl y he w as i n t h e b a r ? You
know w hat I mean?
" I 'v e b e e n t o l d he 's i n t h e b a r ."
A No, no .
Q As o ppo s ed t o , " He's now g e t t i n g more d r i n k s ."
A Ye ah. " He's o r d e r i n g ano the r ro u nd o f d r i n k s f o r
e v e ryb o d y. He's w i t h a b u nch o f g i r l s . "
I mean, the fo rm o f the t e x t d i d n 't l e a d me to
b e l i e v e t h a t he w as g e t t i n g the i n f o r m a t i o n fro m anyb o d y. I
mean, l i k e I s a i d , I j o k e d aro u nd ab o u t a C I and s t u f f . Bu t
i t w as n't b e c a u s e I knew how he w as g e t t i n g i t o r --
Q Go t yo u .
A -- a n y t h i n g .
Q Ok ay. A l l r i g h t . So yo u w e re a t the d i n n e r , a l l
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t h a t k i n d o f s t u f f , and the n a t some po i n t yo u k i n d o f g e t
mo re p e r s o n a l l y i n v o l v e d i n t h i s s i t u a t i o n .
A Ye ah.
What happened w as , w hen I l e f t d i n n e r -- and I
f o r g e t i f I w ent and g o t c o f f e e o r w hat, h o n e s t l y .
Bu t when I l e f t , I l o o k e d up -- a c t u a l l y , I t h i n k
I s e n t J o e S u s t e c k a me s s ag e o n t h e l a pt o p and s a i d , yo u
know, " Where a r e yo u a t ? " Be cau s e I d i d n 't know i f he had
s to ppe d t h e c a r ; I d i d n 't know i f he had g o ne to e a t d i n n e r .
I r e a l l y d i d n 't know a n y t h i n g .
Q Mm-hmm.
A Bu t i f he w as o u t t h e r e , yo u know, I w as k i n d o f,
" I ' l l go s i t o u t t h e r e . I 'v e g o t pape rw o rk to d o and
s t u f f , " and make s u r e he g o e s to e a t . L a s t t h i n g yo u w ant
i s a hu ng ry co p.
So I j u s t met hi m. He s a i d , " I'm a t t h i s
l o c a t i o n . " I p u l l e d u p b e h i n d hi m.
Q Was t h a t the A s h l e y e x i t t h e r e o n Bank o f Ame ri ca?
A He w as a t A s h l e y and W h i t i n g w hi ch w as j u s t s o u th
o f i t . Be cau s e I t h i n k when yo u came o u t, yo u had to go
no rthb o u nd o n A s h l e y i f yo u came o u t o f t h a t pa r k i n g l o t .
So t h a t 's w here he w as s i t u a t e d . He w as s i t u a t e d j u s t s o u th
o f the e x i t .
Q Now, I'm g o i ng to t r y and -- I know i t ' s h a r d to
k i n d o f c o m pa r t m e n t a l i z e t h e s e e pi s o d e s , l e t 's s a y .
26
1 Bu t yo u 'v e g o t the i n i t i a l c o n v e r s a t i o n w i t h
2 Mr. F i l t h a u t ; yo u 'v e g o t some t e x t me s s ag e s .
3 Are yo u -- a r e yo u r e c e i v i n g some co mmu ni cati o ns
4 w h i l e yo u 're h a v i n g d i n n e r and up u n t i l t h e ti me t h a t yo u go
5 to t h a t l o c a t i o n and s e e Of f i c e r S u s t e c k ?
6 A Ye ah. Be cau s e I had -- know t h e r e w as a t e x t
7 mes s ag e a t some po i n t , o r some fo rm o f co mmu ni cati o n, w here
8 I had t o l d hi m, " Hey," yo u know, " i f he l e a v e s , l e t me
9 know."
10 Q Ok ay.
11 A Be cau s e J o e had g o ne o u t t h e r e . So i t w as k i n d o f
12 o ne o f t h o s e -- we d i d n 't know i f he w as g o i ng to w al k ; we
13 d i d n 't know i f he w as g o i ng to w al k b ack ; we d i d n 't know i f
14 he w as g o i ng to d r i v e o u t o f Ma l i o 's . A l l we knew w as t h i s
15 g u y may d r i v e d ru nk .
16 Q Di d yo u hav e any i n f o r m a t i o n o r d i d yo u know,
17 o t h e r than w hat h i s d r i v e r 's l i c e n s e mi g ht hav e s a i d , 'cau s e
18 yo u p u l l e d t h a t up --
20 Q -- w here he l i v e d ?
21 A Ye s .
22 W e l l , fro m h i s d r i v e r 's l i c e n s e . No t fro m Ad am.
23 Q Ok ay.
24 A At t h a t po i n t .
25 Q Ye ah.
27
1 A At t h a t po i n t i n ti me , no . I had p u l l e d h i s
2 d r i v e r 's l i c e n s e and s aw he l i v e d i n s o u t h Tampa o f f o f some
3 s t r e e t w i t h a P.
4 Q Ok ay.
5 A P a l m i r a ? P a l i f a x ? So me thi ng l i k e t h a t .
6 Q Ok ay. So t h a t w ho l e n i g h t , yo u had the b e l i e f , i f
7 he w as g o i n g to d r i v e fro m Bank o f Ame ri ca, as s u mi ng he w as
8 g o i n g t o g o home, he 'd b e g o i ng to s o u t h Tampa to t h a t
9 a d d r e s s
10 A Ye ah. 'Cau s e I --
11 Q -- a s an as s u mpti o n.
12 A I n my own head , I e v e n tho u g ht, " I f he 's come o u t
13 o f Bank o f Ame ri ca, he 's g o t to go to -- s o maybe h e ' l l go
14 d own Kenned y and the n go --"
15 So I w as k i n d o f f i g u r i n g o u t, " T h i s i s h i s
16 a d d r e s s ," ye ah.
17 Q D i d yo u l a t e r f i n d o u t t h a t he l i v e d a co u pl e
18 b l o c k s aw ay fro m Ma l i o 's ?
19 A I c o u l d n 't
20 Q Hav e yo u e v e r h e a r d t h a t ?
21 A I c o u l d -- I d i d h e a r t h a t l a t e r . Bu t I c o u l d n 't
22 c o n f i r m t h a t . Othe r than I had h e a r d fro m Ad am t h a t , " Hey,
23 he may l i v e a t S k y po i n t . Bu t he s a i d - - h e t o l d me, " Hey,
24 he l i v e d a t S k y po i n t , b u t I d o n't t h i n k he l i v e s t h e r e . I
25 t h i n k he s t i l l l i v e s w he re v e r he l i v e s i n s o u th Tampa."
28
1 Cau s e I s a i d -- 'cau s e I had s a i d to hi m, " Oh,
2 ye ah. I t h i n k t h i s g u y l i v e s i n s o u t h Tampa."
3 And he s a i d , " No, I t h i n k he s t i l l l i v e s i n s o u th
4 Tampa. I d o n't t h i n k he l i v e s i n S k y po i n t ." So ...
5 Q So yo u t h i n k t h a t n i g h t , b e f o r e t h e s t o p w as mad e,
6 t h e r e w as a p o s s i b i l i t y -- the i n f o r m a t i o n had come u p t h a t
7 he mi g ht b e l i v i n g a t S k y po i n t ?
8 A C o r r e c t .
9 Q Ok ay.
10 A And t h a t e v e n l e d me to b e l i e v e , " We l l , t h e g u y's
11 pr o b a b l y j u s t g o i ng to w al k home."
12 Q Ok ay. That w as my n e x t q u e s t i o n .
13 D i d anyb o d y -- had yo u e v e r r e c e i v e d any
14 i n f o r m a t i o n fro m anyb o d y t h e r e w as a p o s s i b i l i t y the g u y
15 w o u l d w al k home?
16 A I d i d n 't r e c e i v e i t fro m anyb o d y o t h e r than my own
17 s p e c u l a t i o n , t h i n k i n g , " We l l , God , S k y po i n t 's r i g h t t h e r e ,
18 and the g u y's a t Ma l i o 's . Why w o u l d he d r i v e ? He can j u s t
19 w al k home."
20 Q I t ' s al mo s t f a i r to s a y t h a t t h e w al k to t h e Bank
21 o f A m e r i c a b u i l d i n g to g e t yo u r c a r i s ab o u t the same
22 d i f f e r e n c e a s t h e w al k fro m Ma l i o 's to S k y po i n t .
23 A P r o b a b l y c l o s e .
24 Q H a l f b l o c k .
25 A Ye ah. Pro b ab l y c l o s e .
29
1 And t h a t 's why i n my own he ad I'm t h i n k i n g , " Yeah,
2 i f the g u y l i v e s a t Sk ypo i nt, why w o u l d he d r i v e ? "
3 Q A l l r i g h t . So w e're a t the po i n t now w he re yo u 're
4 p u l l e d u p b e h i n d Of f i c e r S u s t e c k . And I know --w e k i n d o f
5 t a l k e d b e f o r e -- yo u b a s i c a l l y s e nd hi m o f f to d i n n e r and
6 yo u s i t t h e r e and s t a r t k i n d o f d o i ng some pape rw o rk . I s
7 t h a t --
8 A Ye ah. I s a t t h e r e . I t h i n k I e d i t e d a c o u pl e
9 r e p o r t s .
10 I mean, i t w as j u s t --
11 I n f a c t , when I p u l l e d u p, I d i d n 't know Of f i c e r
12 McGi nni s w as f o l l o w i n g me. I d i d n 't e v e n know he had come i
13 b e h i n d me.
14 Q Di d yo u hav e d i n n e r w i t h McGi nni s ?
15 A Ye ah.
16 Q Ok ay.
17 A Bu t I d i d n 't know he w as b e h i n d me. Be cau s e when
18 I p u l l e d u p, I t o l d J o e he c o u l d l e a v e , and the n -- I w ant
19 to s a y McGi nni s e i t h e r s e n t me a t e x t mes s ag e o r I l o o k e d up
20 i n my r e a r v i e w m i r r o r and I s aw hi m s i t t i n g t h e r e , and I
21 s e n t hi m a mes s ag e, " You s c a r e d me," and he s e n t me a
22 mes s ag e l i k e , " Oh, I'm s t e a l t h y . "
24 A So I d i d n 't e v e n know he w as t h e r e .
25 So the n we j u s t k i n d o f s a t t h e r e .
30
1 Q So d i d t h e b o t h o f yo u g u ys s i t t h e r e a w h i l e ?
2 A Ye ah. We --
3 Q C o nti nu e o n.
4 A Ok ay. We s a t t h e r e and w atche d t r a f f i c and ...
5 Q Now, d i d yo u hav e any k i n d o f -- d i d yo u f e e l a t
6 t h a t ti me t h a t y o u r pu rpo s e f o r b e i n g t h e r e w as t o s t o p P h i l
7 C ampb e l l fro m d r i v i n g d ru nk ?
8 A Ye s . I f he d ro v e , o u r i n t e n t w as to f o l l o w hi m,
9 to t r y and s e e i f he had a d r i v i n g p a t t e r n o r a r e a s o n to
10 s t o p hi m.
11 Q Was t h a t -- I'm g o i ng to u s e the w o rd " m i s s i o n "
12 'cau s e I c a n 't t h i n k o f a n o t h e r w o rd a t the moment.
13 Wo u l d t h a t hav e b e e n ab o v e a l l o t h e r s ? I mean, i f
14 yo u had g o t t e n c a l l s to o t h e r l o c a t i o n s o r some o t h e r
15 d r i v i n g had g o ne o n, w o u l d yo u hav e d i v e r g e d o f f o n t h a t and
16 s t a r t e d , yo u know --
17 A I ' l l b e ho ne s t w i t h yo u . I f a n y t h i n g e l s e w o u l d
18 hav e happened , we'd hav e g o ne. I mean, i t w as n't l i k e a
19 s t a k e o u t w here we had to s i t t h e r e . K i n d o f o ne o f tho s e ,
20 i t ' s e a r l y i n the n i g h t , i t w as d u r i n g the week, and a i n 't
21 n o t h i n g e l s e t o d o . I t ' s s l o w .
22 Q So i t ' s mo re l i k e k i l l i n g ti me and s e e i n g i f
23 s o me thi ng happe ns .
24 A Ye ah.
25 Q Bu t no t s t a k e o u t .
31
1
A Ye ah. 'Cau s e i f my g u y w o u l d hav e g o t a c a l l , I
2 w o u l d hav e s a i d , " You need to g o ." I f I had g o t s o me thi ng
3 to go -- i f I had to go to t h e b athro o m I w o u l d hav e g o ne
4 d owntown, s o ...
5 Q When yo u - - o n n i g h t s l i k e t h a t , d o y o u r o f f i c e r s
6 u s u a l l y p a t r o l o r u s u a l l y s t a y i n a s to ppe d p o s i t i o n and
7 j u s t o b s e r v e t r a f f i c , o r i t j u s t d epend o n the o f f i c e r ?
8 A Depend s o n the o f f i c e r .
10 A Some g u ys d r i v e 300 m i l e s a n i g h t . Me p e r s o n a l l y ,
11 I s i t i n pa r k i n g l o t s u s u a l l y , and j u s t s i t and w a i t .
12 Q A l l r i g h t . B e s i d e s b e i n g i n yo u r c a r t h e r e -- and
13 now I'm t a l k i n g ab o u t the ti me frame when yo u 're pa r k e d
14 o u t s i d e the Bank o f Ame ri ca b u i l d i n g , o k ay?
15 A Ok ay.
16 Q D i d yo u -- I know u l t i m a t e l y yo u mov ed c l o s e to
17 Ma l i o 's . I know a l i t t l e b i t ab o u t t h a t , o r yo u can t e l l me
18 ab o u t t h a t .
19 A Ye ah.
20 Q Bu t d u r i n g t h a t ti me , o u t s i d e the Bank o f Ame ri ca,
21 d i d yo u d o any -- w o rk i ng o n r e po r t s , s t u f f l i k e t h a t , d i d
22 yo u e v e r f o l l o w any o f the c a r s o r --
23 T e l l me ab o u t t h a t .
24 A Ye ah. I f o l l o w e d s e v e r a l c a r s . I mean, I
25 f o l l o w e d them a l l thro u g h -- I mean, the y d i d n 't e v e n match
32
the d e s c r i p t i o n . I w as j u s t f o l l o w i n g c a r s . The y w e re
p u l l i n g o u t. I w as k i n d o f b o re d , to b e r e a l h o n e s t w i t h
yo u .
So I w as hang i ng o u t i n the a r e a . I f I g e t o t h e r
t r a f f i c v i o l a t i o n s -- I a c t u a l l y f o l l o w e d o ne c a r a l l t h e
way d own Kenned y t o r i g h t i n f r o n t o f the U n i v e r s i t y o f
Tampa and I t u r n e d aro u nd b e cau s e I d i d n 't hav e a d r i v i n g
p a t t e r n . I n f a c t , I t h i n k t h a t w as a b l a c k Me rce d e s t h a t I
f o l l o w e d , s o ...
Q Ok ay. So yo u w e re n't j u s t f o l l o w i n g b l a c k BMWs o r
t h a t k i n d o f -- yo u w e re j u s t k i l l i n g ti me , d o i ng some o f
t h a t s t u f f to o .
A Ye ah. 'Cau s e I remember -- I rememb er the
Merced es a c t u a l l y had a s p e c i a l t y t a g , 'cau s e I l o o k e d a t
i t , f o l l o w e d i t . I t d i d n 't hav e a d r i v i n g p a t t e r n . I l e f t .
Q Ok ay. And d u r i n g t h a t ti me -- and I'm t a l k i n g
ab o u t t h e ti me t h a t yo u now a r e s i t t i n g o u t s i d e t h e Bank o f
Ame ri ca pa r k i n g l o t -- a r e yo u g e t t i n g co mmu ni cati o ns fro m
Mr. F i l t h a u t ?
A I g o t co mmu ni cati o ns p r e t t y c o n s i s t e n t l y , yo u
know? I mean, i t mi g ht b e t h r e e o r f o u r mi nu te s , f i v e
mi nu te s . Some o f them w e re j u s t f r e q u e n t l y b a n t e r , u s
j o k i n g aro u nd . Some o f i t w as s p e c i f i c . L i k e , yo u know,
" Hey, he 's w i t h g i r l s , and he 's b u yi ng a w ho l e 'no the r ro u nd
o f d r i n k s ," o r, " Hey, he 's l e a v i n g ."
33
1 Q L e t me a s k yo u t h i s .
2 A Ok ay.
3 Q And a g a i n , I know i t ' s h a r d to pu t t h e s e i n l i t t l e
4 ti me c a ps u l e s .
5 I w ant to -- l e t ' s t a l k ab o u t y o u r l e a v i n g t h a t
6 l o c a t i o n o u t s i d e the Bank o f A m e r i c a and g o i ng t o ano the r
7 l o c a t i o n . T e l l u s ab o u t t h a t , and why yo u mov ed , and t h a t
8 k i n d o f t h i n g .
9 A W e l l , he had t o l d me he w as l e a v i n g , and --
10 Q F i l t h a u t t o l d yo u t h a t C ampb e l l w as l e a v i n g .
11 A That he w as l e a v i n g t h e b a r .
13 A Bu t I d i d n 't know w he re he w as pa r k e d f o r s u r e .
14 So I s a i d , " We l l , yo u know? I t ' s two o f u s . McGi nni s i s
15 h e r e . I ' l l j u s t go s i t i n f r o n t o f Ma l i o 's and s e e i f he
16 p u l l s o u t o f t h e r e ." I mean, t h e r e 's o n l y -- I mean, i f he
17 pa r k e d s o mew here e l s e , t h e r e 's o n l y r e a l l y two p l a c e s he
18 w o u l d d r i v e o u t o f . So I ' l l go hang o u t o v e r t h e r e .
19 Q And s o w here d i d yo u r e l o c a t e the n?
20 A At o ne po i n t I w as j u s t n o r t h o f t h e r e . The re 's a
21 s a f e t y z o ne . And a t o ne po i n t I a c t u a l l y s a t t h e r e -- j u s t
22 n o r t h o f the Ma l i o 's , t h e r e 's a r o a d t h a t k i n d o f g o es to
23 t h e pa r k r i g h t i n b e tw e e n -- some K-park and -- d owntown
24 Tampa pa r k .
25 Q And I d o n't know my d i r e c t i o n s t h a t w e l l , o r my
34
1 s t r e e t s . Bu t A s h l e y i s the mai n d r a g thro u g h --
2 A A s h l e y i s --
3 Q -- Ma l i o 's --
4 A A s h l e y and Kenned y, and Ma l i o 's i s r i g h t o n the
5 c o r n e r .
6 Q Ok ay.
7 A Bu t t h e r e 's c e n t e r d i v i d e r s and s t u f f s o t h e r e 's
8 o n l y c e r t a i n w ays yo u can go.
9 So I pa r k e d a t s e v e r a l l o c a t i o n s . I f o l l o w e d c a r s
10 fro m t h e r e .
11 Q When yo u park e d i n tho s e l o c a t i o n s , o t h e r
12 l o c a t i o n s , w as t h a t mo re w here yo u c o u l d hav e an e y e b a l l o n
13 the f r o n t o f Ma l i o 's --
14 A I c o u l d
15 Q -- o r a t l e a s t the e x i t ?
16 A I w as g o i ng to s a y I c o u l d s e e the e x i t . I
17 c o u l d n 't s e e u p i n t o Ma l i o 's . Be cau s e when yo u go t h e r e ,
18 i t ' s r e a l l y d ark a t n i g h t , and I hav e r e a l l y b ad v i s i o n . I
19 hav e a s t i g m a t i s m .
20 Q Ok ay.
21 A So I c o u l d n 't s e e i n t o the t h i n g . I f I d ro v e b y,
22 I c o u l d s e e s i l h o u e t t e s , b u t I c o u l d n 't t e l l yo u i f i t w as
23 v a l e t g u ys ; who, r e a l l y , w as t h e r e .
24 Q Ok ay. A l l r i g h t . Ok ay. So a g a i n , w hat's the
25 n e x t t h i n g t h a t happens t h a t 's p e r t i n e n t to t h i s ?
3 5
A We w e re i n t h e a r e a . I g o t an i n f o r m a t i o n fro m
Mr. F i l t h a u t . He s a y s , " Oh, he may n o t -- he may d r i v e a
s i l v e r o r s i l v e r - g r a y N i s s a n ," i s w hat he s a i d .
Q He may d r i v e t h a t ?
A Ye ah.
And I s e n t b ack -- I s e n t b ack -- I d o n't know i f
I s e n t b ack , " Okay" o r w hate v e r, b u t I know I t o l d McGi nni s
a g a i n , " Hey, he mi g ht d r i v e a g r a y o r w hate v e r N i s s a n ." So
I w as k i n d o f l o o k i n g f o r t h a t . So I'm l o o k i n g f o r a b l a c k
BMW and maybe a N i s s a n .
I knew he w as w i t h fe mal e s b e cau s e he had s a i d
he 's w i t h a b u nch o f f e m a l e s . And when I r a n h i s DL, I s aw
t h a t he has a w i f e . So i n my own he ad I'm t h i n k i n g , " Maybe
he 's w i t h h i s w i f e and maybe t h e y 'r e i n h i s w i f e 's c a r .
Ok ay" So t h a t 's w hat I w as l o o k i n g f o r .
I d ro v e b y the f r o n t and I --
Q And t h a t w o u l d hav e b e e n -- when yo u d ro v e b y the
f r o n t , t h a t w o u l d hav e b e e n a r e s po n s e to t h a t mes s ag e t h a t
he 's l e a v i n g and he mi g ht b e i n a N i s s a n ?
A Ye ah.
W e l l , he w as l e a v i n g . So I knew he w as l e a v i n g .
So when I d ro v e b y the f r o n t , I'm l o o k i n g to s e e i f I can
s e e anyb o d y. And I r e a l l y c o u l d n 't s e e hi m. I s aw pe o pl e
u p t h e r e . And I c o u l d n 't t e l l w hat k i n d o f c a r s the y w ere
o r w hat c o l o r , 'cau s e t o me i t w as d ark .
36
1 Q Mm-hmm.
2 A So t h a t 's when I d ro v e b y, and I s e n t O f f i c e r
3 McGi nni s a mes s ag e and s a i d , " Hey, d r i v e b y the f r o n t and
4 s e e i f yo u s e e a s i l v e r N i s s a n o r a g ray N i s s a n ," o r
5 w hate v e r i t w as . T h a t 's w hen he w ent b y. And I had a l r e a d y
6 d r i v e n b y and w ent s o mew here e l s e . And he s e n t b ack , " Yeah.
7 Fe mal e d r i v e r . Femal e d r i v e r . "
8 So t h a t w as the l a s t co mmu ni cati o ns I had w i t h
9 e i t h e r McGi nni s o r anyb o d y e l s e p r i o r to the c a r e v e n
10 p u l l i n g o u t .
11 MS. ANDRINGA: Can I as k a q u e s t i o n ?
12 How d i d yo u know he had a w i f e fro m t h e DL?
13 THE WITNESS: Be cau s e I t h i n k i t w as
14 c o - r e g i s t e r e d to ano the r pa r t y . The c a r . I t h i n k .
15 I'm p r e t t y s u r e .
16 BY MR. LOUGHERY:
17 Q Ok ay. Bu t i s i t f a i r to s a y t h a t the -- t h e r e w as
18 r e c e n t i n f o r m a t i o n ab o u t the g r a y N i s s a n t h a t mad e yo u c a l l
19 McGi nni s to go o v e r and l o o k ?
20 A Ye ah.
21 Q And i t w as l i k e happe ni ng now, k i n d o f t h i n g .
22 A Ye ah. I t w as - - i t w as " Hey --" he w as l e a v i n g .
23 So we knew t h a t he w as l e a v i n g .
24 And the n I g o t the i n f o r m a t i o n ab o u t a p o s s i b l e
25 g r a y N i s s a n .
37
Q R i g h t .
A And I c o u l d n 't s e e up t h e r e , s o t h a t 's why I s a i d ,
" Hey, d r i v e b y the f r o n t and s e e i f yo u c a n s e e ."
Q Ok ay. A l l r i g h t . So yo u g o t an a f f i r m a t i v e fro m
McGi nni s t h a t t h e r e w as a g r a y N i s s a n , and I t h i n k yo u s a i d
he tho u g ht i t w as a fe mal e d r i v e r .
A H i s i n f o r m a t i o n w as fe mal e d r i v e r . I d o n't t h i n k
he s a i d " I t h i n k i t w as a fe mal e d r i v e r . "
Q Ok ay. So w hat's n e x t ?
A A c a r p u l l e d o u t. And I c o u l d n 't e v e n t e l l yo u i f
i t w as t h e same c a r t h a t Of f i c e r McGi nni s . I t w as the n e x t
c a r p u l l i n g o u t . C ar p u l l e d o u t and w ent no rthb o u nd on
A s h l e y D r i v e .
Q Ok ay.
A The c a r w as d r i v i n g r e a l s l o w .
And w hen we p u l l e d o u t, b e cau s e t h e h e a d l i g h t s
w e re i n my f a c e , I c o u l d n 't s e e i n the c a r .
Q Mm-hmm.
A So w hen the c a r w ent, I f o l l o w e d i t no rthb o u nd .
I t w as d r i v i n g r e a l s l o w .
Q So I as s u me w he re yo u -- y o u r l o c a t i o n a t t h a t
ti me , yo u w e re f a c i n g w e s t, I g u e s s ?
A I w as f a c i n g w e s t. I w as o n Mad i s o n. I w as k i n d
o f b ack -- I d o n't know i f i t w as r i g h t on the i n t e r s e c t i o n ,
b u t I w as s i t t i n g a t the l i g h t .
3 8
1 C ar t u r n e d i n f r o n t o f me and w ent no rthb o u nd o n
2 A s h l e y .
3 I d o n't rememb er e x a c t l y -- I j u s t know i t t u r n e d
4 the c o r n e r r e a l s l o w , and i t s w i t c h e d l a n e s b e tw e e n the f a r
5 r i g h t -h a n d l a n e and -- t h e r e 's t h r e e l a n e s -- and w hat w o u l d
6 b e the c e n t e r l a n e a t t h a t po i n t -- I w ant to s a y tw o o r
7 t h r e e t i m e s , maybe f o u r t i m e s .
8 Q Ok ay.
9 A Bu t j u s t g o i ng r e a l s l o w .
10 As we appro ache d , as yo u 're g o i ng no rthb o u nd , i t ' s
11 a co u pl e b l o c k s , and the n yo u 're f o r c e d to g e t u p o n to 275 .
12 Q R i g h t .
13 A So he w as i n the c e n t e r l a n e .
14 And I'm t h i n k i n g , " We l l , the c a r 's g o i n g t o g e t up
15 t h e r e ." R e a l l y , o t h e r than d r i v i n g s l o w -- I w o u l d n't b e
16 a b l e to s t o p someone f o r d r i v i n g s l o w i n d owntown Tampa,
17 s o -- and I had no c l u e e x c e pt i t ' s a fe mal e d r i v e r . So
18 r e a l l y , the c a r r e a l l y d i d n 't mean a n y t h i n g to me a t t h a t
19 po i n t .
20 W e l l , when we g o t to C as s -- when yo u g e t t o C as s ,
21 t h e r e 's two l a n e s , and the n t h e r e 's a r i g h t l a n e w h i c h
22 f o r c e s yo u to t u r n r i g h t .
23 Q Whi ch i s -- t h e r e 's a c t u a l l y t h r e e l a n e s , r i g h t ?
24 A T h e r e 's t h r e e l a n e s .
25 Q Two --
39
A Two go s t r a i g h t , u p o nto the i n t e r s t a t e . The
t h i r d o ne f o r c e s yo u to t u r n r i g h t .
Q Mm-hmm.
A We w e re i n the r i g h t s t r a i g h t l a n e to g o u p o n the
i n t e r s t a t e i f yo u w ent o ne more b l o c k .
Q Mm-hmm.
A The re w as an SUV t h a t w as i n t h e f a r r i g h t - h a n d
l a n e .
Q Mm-hmm.
A I d o n't know -- I c a n 't t e l l yo u e x a c t l y how c l o s e
a l l t h i s t r a n s p i r e d , b u t I can t e l l yo u t h a t he w as i n a
s t r a i g h t l a n e . He mad e a r i g h t i n f r o n t o f w hat w o u l d b e
t h a t t u r n l a n e , w here t h a t v e h i c l e w as .
I know t h a t I t u r n e d -- I had t o t u r n o n a l l my
emerg ency equ i pment to g e t the t r u c k to s t o p s o I c o u l d t u r n
i n f r o n t o f hi m, b e cau s e we w e re al mo s t s i d e b y s i d e , me and
t h e t r u c k .
Q A l l r i g h t .
A T r u c k s to ppe d , I t u r n e d i n f r o n t o f hi m, and
co nd u cte d a s t o p f o r the i mpro pe r t u r n .
Q How f a r up d i d yo u g e t ? L i k e a b l o c k o r s o , o r
n o t e v e n, f o r the s t o p.
A The s to p -- w e l l , o nce we mad e the r i g h t , i t ' s
p r i o r to t h e n e x t c i t y b l o c k . He s to ppe d mi d -b l o ck .
Q I 'v e s e e n the v i d e o , and I c a n 't i n my mi nd -- i t
Ka n a b a y Cour t Repor t er s Se r v i ng t h e Ta mp a B a y Ar e a
Pi nel l as 7 2 7 82 1-332 0; Hi l l sbor ough 813 2 2 4-9500
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l o o k s l i k e some pl a n t e d t r e e s o r s o me thi ng , s o I'm t r y i n g to
f i g u r e o u t .
A I t ' s d e f i n i t e l y w i t h i n t h a t n e x t c i t y b l o c k .
Q And i s t h a t
Ok ay. And i t w o u l d b e o n t h e r i g h t - h a n d s i d e o r
the s o u t h s i d e .
A The s o u t h s i d e .
Q Ok ay. Go ahe ad .
A Once he s to ppe d , he i n s t a n t l y g o t o u t o f the c a r .
And I w as k i n d o f -- h o n e s t l y , I w as k i n d o f
cau g ht o f f g u ard b e c a u s e I w as e x pe c t i n g a fe mal e d r i v e r .
So when he g o t o u t, I w ent -- and I i n s t a n t l y
r e c o g n i z e d who he w as b e c a u s e I had ru n h i s d r i v e r 's
l i c e n s e .
So w hen he g o t o u t, he k i n d o f w as u ns te ad y o n h i s
f e e t ; he k i n d o f s tu mb l e d aro u nd a l i t t l e b i t .
When I w a l k e d u p to hi m, I s a i d , " How a r e yo u
d o i ng , s i r ? "
He s a i d . Good ."
I s a i d , " Do yo u hav e a d r i v e r 's l i c e n s e ? You mad e
an i mpro pe r t u r n ."
He k i n d o f ack no w l e d g e d t h a t he mad e the i mpro per
t u r n , hand ed me h i s d r i v e r 's l i c e n s e .
I s m e l l e d the o d o r o f a l c o h o l o n h i s b r e a t h . He
had the g l a s s y , b l o o d s h o t e y e s .
Ka n a b a y Cour t Repor t er s - Ser v i ng t h e T a mp a B a y Ar ea
Pi nel l a s 7 2 7 82 1-332 0; Hi l l sbor ough 813 2 2 4-9500
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I as k e d hi m, " How much d i d yo u hav e t o d r i n k ? "
Cau s e I as k t h a t o f e v e ryb o d y.
And he s a i d , " No thi ng ."
I w ent, " Okay." Went r i g h t b ack to my c a r , s a t
d own, and c a l l e d f o r Of f i c e r McGi nni s b e cau s e I k new he
w o u l d b e i n the a r e a , and he came o v e r .
Q Now, I'm g o i ng to make a l i t t l e b i t o f an
as s u mpti o n h e r e , b u t a l s o s i n c e yo u s aw i t w as C ampb e l l , i n
y o u r mi nd yo u w o u l d hav e co nne cte d the pr e v i o u s i n f o r m a t i o n
yo u w ere g e t t i n g fro m F i l t h a u t w i t h the g u y w as d r i n k i n g i t
u p i n Ma l i o 's and s t u f f .
A Oh, o f c o u r s e , ye ah.
Q Yo u s m e l l e d t h e b o o z e and i t ' s l i k e , " Ok ay."
A When I s m e l l e d the b o o z e.
Ok ay. The d r i v i n g , the w ro ng t u r n .
Bu t the n when I s m e l l e d the b o o z e and u n s t e a d y and
g l a s s y e ye s and the n he t e l l s me, " I d i d n 't hav e a n y t h i n g to
d r i n k ," now I'm t h i n k i n g , Ok ay. Now he 's l y i n g t o me."
Q R i g h t .
A 'Cau s e I had i n t e l t h a t he w as d r i n k i n g --
Q R i g h t .
A - - o n to p o f w hat I 'v e now c o r r e l a t e d , a l o n g w i t h
the i n f o r m a t i o n .
Q Ok ay. So d o yo u j u s t s i t i n yo u r c a r and w a i t f o r
McGi nni s to show up o r d o yo u g e t b ack o u t and w a i t f o r
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McGi nni s t o s ho w u p w h i l e y o u 'r e o u t o f yo u r c a r ?
A No. I a c t u a l l y g av e Of f i c e r McGi nni s the
i n f o r m a t i o n r i g h t i n my c a r . I w as s i t t i n g t h e r e . I hand ed
hi m t h e d r i v e r 's l i c e n s e . He s t o o d a t my d o o r. I g av e hi m
the i n f o r m a t i o n . He b ack e d h i s c a r u p and s e t i t u p.
And I d o n't e v e n r e c a l l g e t t i n g b ack o u t o f my c a r
u n t i l a f t e r McGi nni s pu t h i s -- t h e h a n d c u f f s o n hi m.
Q Ok ay.
A I n f a c t , i t w as a w h i l e . I j u s t s a t i n my c a r .
Q Ok ay. And s o -- and I d o n't know e x a c t l y , yo u
know, h a v i n g v i e w e d the v i d e o , t h e ti me d i f f e r e n c e b etw een
y o u r s t o p and w hen I s e e hi m o n v i d e o , b u t I as s u me i t w as
p r e t t y q u i c k 'cau s e McGi nni s w as r i g h t t h e r e .
A Ye ah. I t c o u l d n 't hav e b e e n t h r e e , fo u r, f i v e
m i n u t e s .
Q And I t h i n k , fro m l o o k i n g a t the r e po r t s , yo u , a t
l e a s t o n the c o m pl a i n t a r r e s t a f f i d a v i t , i t has the s to p
b e i n g 9:5 7. I d o n't know i f yo u f i l l e d t h a t o ne o u t o r
McGi nni s d i d .
A Ye ah. I t h i n k t h a t 's the ti me o f the s t o p.
Q And t h e n has l i k e a 10:08, l o o k s l i k e ti me o f
a r r e s t .
A Ye ah. That w o u l d b e -- I'm as s u mi ng . Now, I
o b v i o u s l y d o n't hav e the r e p o r t s .
Q As s u mi ng t h a t 's --
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A T h a t s o u nd s ab o u t c o r r e c t .
Q Ok ay. D i d anyb o d y e l s e g e t o u t o f h i s c a r o r o u t
o f the N i s s a n ?
A No t u n t i l a f t e r he mad e the a r r e s t .
Q Ok ay. And w e re yo u e v e n aw are t h e r e w as anyb o d y
e l s e i n t h e c a r u n t i l a f t e r he mad e -- u n t i l s o meo ne g o t o u t
o f --
A Ob v i o u s l y , I s aw somebod y i n t h e c a r b u t I
c o u l d n 't t e l l yo u who i t w as a t t h a t po i n t .
Q Yo u d i d n 't go up and t a l k to anyb o d y o r a n y t h i n g
o f t h a t n a t u r e .
A No. No t t i l l a f t e r .
Q Ok ay. T e l l u s ab o u t t h a t . T e l l u s ab o u t
a f t e r w a r d s , w hat --
A He mad e the a r r e s t .
Q I'm no t g o i ng to as k yo u ab o u t a l l -- t h a t s t u f f 's
p r e t t y much o n v i d e o --
A R i g h t .
Q
-- t h a t I'm s k i ppi n g o v e r --
A R i g h t .
Q
-- a t t h i s po i n t .
A R i g h t .
Q Ok ay. Go ahe ad .
A He mad e the a r r e s t . He pu t Mr. C ampb e l l i n the
c a r .
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He came b ack and he t o l d me, " The g e ntl e man s a y s
he 's an a t t o r n e y ." I'm l i k e , " Yeah. No j o k e ."
" Yeah. He s a y s he 's g o i n g to make the new s ."
I s a i d , " We l l , t h e y a l l s a y t h e y 'r e g o i ng to make
t h e new s ."
And t h a t w as p r e t t y much the end o f t h a t . He g o t
i n h i s c a r . He w as l e a v i n g .
I w ent up and a c t u a l l y , a t t h a t po i n t , t o l d the
g i r l , " Hey, yo u ne e d to f i n d s o meb o d y to come g e t yo u ."
Q L e t me s t o p yo u h e r e a s e co nd , o n l y b e cau s e I w ant
to u n d e r s t a n d the pr o c e d u r e s .
A s t o p i s mad e. The d r i v e r 's a r r e s t e d .
Ob v i o u s l y , yo u 'v e g o t to d e a l w i t h a pa s s e n g e r i n a c a r .
Wo u l d t h a t b e s o me thi ng t h a t w o u l d b e a s s i g n e d
yo u r r e s p o n s i b i l i t y 'cau s e yo u mad e the s t o p i n t h i s
s i t u a t i o n , yo u know w hat I mean? Be cau s e McGi nni s has a
p r i s o n e r .
A Ye ah.
Q That he w o u l d j u s t go ahe ad and l e a v e and yo u
w o u l d t a k e o v e r .
A Ye ah.
The DUI u n i t r a r e l y d o e s the i mpo u nd , the o ne t h a t
a c t u a l l y d o e s t h e a r r e s t , b e cau s e t h e r e 's ti me c o n s t r a i n t s .
So e i t h e r , o ne, i f I'm t h e r e , I ' l l d o i t . So meti mes my
c o r po r a l s go b y and d o i t . Or s o meti mes t h e y c a l l f o r a
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s t r e e t u n i t . I t j u s t d epend s o n the c i r c u m s t a n c e s .
Q And w hen yo u u s e the te rm " i mpo u nd ," yo u mean
d e a l i n g w i t h the c a r the d r i v e r 's b e e n a r r e s t e d o u t o f .
A Ye ah. D e a l i n g w i t h the c a r .
Q R i g h t .
A I f t h e r e 's pa s s e n g e r s , t r y i n g t o g e t them cab s o r
h a v i n g someone p i c k them up, someone p i c k i n g u p the c a r o r
i mpo u nd i ng the c a r .
So w hate v e r's g o i ng to happen, t h e y d e a l w i t h the
s ce ne t h a t 's t h e r e .
Q Ok ay. So t h a t w as yo u r -- t h a t b a s i c a l l y w as --
yo u knew t h a t to b e yo u r as s i g nme nt, o r yo u w e re g o i ng to
f o l l o w thro u g h o n t h a t .
A Yeah, t h a t 's s t a n d a r d , f o r me t o d e a l w i t h t h a t .
Q So o nce the a r r e s t w as mad e, and McGi nni s w as
g o i ng to b e tak e n o f f o f t h a t , w hat d i d yo u d o ?
A I w ent u p, I t o l d h e r , " Hey, y o u 'r e g o i ng to ne e d
to g e t somebod y to come g e t yo u ," and o b v i o u s l y the c a r o r
w hate v e r.
I w ent b ack and I r a n h e r i n f o r m a t i o n and fo u nd
o u t h e r l i c e n s e w as s u s pe nd e d . And I w as l i k e , h i s ( s i c )
l i c e n s e i s s u s pe nd e d . W e l l , s he w o u l d n't b e a b l e to d r i v e
anyw ays .
So I w al k e d b ack up to h e r --
Tak e t h a t b ack .
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I r a n h e r s t u f f . Of f i c e r McGi nni s w as the n
p u l l i n g o f f . I d i d n 't hav e an i mpo u nd s h e e t . So I j u mped
o u t o f t h e c a r and t o l d Of f i c e r McGi nni s , " Hey, g i v e me an
i mpo u nd s h e e t b e f o r e yo u l e a v e ." 'Cau s e I knew i f I had to
d o an i mpo u nd , I 'd hav e o ne.
Q R i g h t .
A He hand e d me the s h e e t .
And t h e n I w ent b ack u p to t h e c a r and I s a i d , " Do
yo u hav e s o meo ne co mi ng to g e t yo u ?"
" Yeah, I hav e ," w ho ev er w as " co mi ng to g e t me.
Someone i s co mi ng to g e t me."
W e l l , ab o u t t h a t -- I w ant to s a y i t w as ab o u t
t h a t same ti me , t h a t 's when t h i s SUV p u l l e d u p.
Q A l l r i g h t . L e t me -- b e f o r e we g e t to t h a t ...
So yo u i d e n t i f i e d who s he w as , w as g o i ng b ack ,
r u n n i n g i t , and t h a t 's when yo u r e a l i z e d yo u need ed the
i mpo u nd s h e e t , r i g h t ?
A C o r r e c t . I knew t h a t s he w as s u s pe nd e d , s o s he
w as n't g o i n g t o b e a b l e to d r i v e .
Q R i g h t .
A And t h e r e w as no r e a s o n to t r y and d e te rmi ne i f
s he w as DUI o r no t, to d r i v e , b e cau s e h e r l i c e n s e w as
s u s pe nd e d , s o i t w as i r r e l e v a n t .
Q R i g h t .
A A l o t o f ti me s w here we a r r e s t somebod y t h a t 's
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d ru nk , the pa s s e n g e r 's no t, s o w e 'l l a c t u a l l y che ck them,
t h e y 'r e o k ay, and w e 'l l l e t them l e a v e .
Q Ok ay.
A Bu t s i n c e h e r l i c e n s e w as s u s pe nd e d , t h e r e w as no
r e a s o n to che ck h e r .
Q D i d yo u r e c o g n i z e h e r a t a l l ?
A I had n e v e r s e e n t h a t g i r l b e f o r e i n my l i f e .
Q And when yo u s aw the name, the name d i d n 't mean
a n y t h i n g to yo u ?
A A b s o l u t e l y z e r o .
Q Ok ay. A l l r i g h t . And c o u l d yo u t e l l s he w as
u s i n g h e r c e l l pho ne o r t e x t i n g o r d o i ng s o me thi ng ,
co mmu ni cati ng w i t h somebod y to t r y t o g e t a r i d e , k i n d o f,
s c e n a r i o , o r yo u j u s t as s u med t h a t happened ?
A She t o l d me s he had s o meb o d y co mi ng . I know t h a t
s he had a c e l l pho ne, b u t I c o u l d n 't t e l l yo u w hat s he w as
d o i ng o n i t b e cau s e s he w as i n the c a r b y h i m s e l f .
Q R i g h t .
D i d s he t e l l yo u t h a t w hen yo u f i r s t came up to
t a l k to h e r o r d i d yo u hav e to go b ack and s ay, " Yo u r
l i c e n s e i s s u s pe nd e d . I c a n 't l e t yo u d r i v e ."
A Ye ah. She d i d n 't t e l l me h e r l i c e n s e w as
s u s pe nd e d --
Q R i g h t .
A -- when I i n i t i a l l y w ent u p.
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When I w ent b ack and fo u nd o u t t h a t i t w as
s u s pe nd e d , when I came b ack and t o l d h e r , t h a t w as w hat I
s a i d , " Hey, l o o k , yo u 're no t g o i ng to b e a b l e t o d r i v e .
Yo u r l i c e n s e i s s u s pe nd e d . I t ' s yo u r mom's c a r . I'm
s u ppo s e d to i mpo u nd i t , b u t i t ' s y o u r mom's c a r . She 's k i n d
o f an i n n o c e n t o w ner, s o --"
And the n a l l o f t h a t same ti me , t h a t 's w hen the
g u y s ho w ed u p.
Q Ok ay. So s he had mad e t h a t c a l l , i f s he mad e a
c a l l , p r i o r to yo u -- yo u d i d n 't e v e n know t h a t .
A R i g h t . I d i d n 't know t h a t w as o c c u r r i n g .
Ob v i o u s l y , i t mu s t hav e o c c u r r e d , 'cau s e someone
w as o n t h e w ay.
Q Ye ah.
A So o nce I t o l d h e r t h a t , the c a r p u l l s u p, a
g e ntl e man g e t s o u t. I a c t u a l l y w ent b ack and r a n t h e t a g o n
h i s c a r to make s u r e t h a t h i s l i c e n s e w as v a l i d .
When I r a n h i s tag , h i s l i c e n s e w as v a l i d . I
v e r i f i e d , " Hey, t h a t 's h i s p i c t u r e . "
Q Do yo u rememb er the name o f t h a t pe rs o n?
A I t w as -- and I t o l d the o t h e r pe o pl e t h i s . I
t h i n k i t w as , l i k e , Mo tro ni .
Q And d i d yo u r e c o g n i z e hi m o r --
A No t a t --
Q -- know hi m?
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A No t a t a l l .
Q Ok ay. D i d yo u t a l k to hi m a t a l l ?
A Ye s , I d i d .
Q J u s t to g e t h i s i n f o r m a t i o n ?
A I t o l d hi m, I s a i d , " Hey, l o o k ." I s a i d , " Her
l i c e n s e i s s u s pe nd e d . I t ' s h e r mom's c a r ."
And he s a y s , " We l l , I can t a k e h e r home. I f yo u
w ant, I can t a k e h e r c a r ." 'Cau s e t h e r e w as a yo u ng l a d y
t h a t w as i n h i s SUV w i t h hi m.
I s a i d , " We l l , i f yo u can t a k e h e r and h e r c a r ."
I s a i d , " Bu t d o n't l e t h e r d r i v e 'cau s e h e r l i c e n s e i s
s u s pe nd e d ."
He s a i d , " No, no , no . I w o n't l e t h e r d r i v e .
I ' l l d r i v e h e r a l l t h e w ay home, and the n --" I f o r g e t i f
i t ' s , " My g i r l f r i e n d o r my w i f e w i l l d r i v e me b ack . I t ' s
no t a b i g d e a l ."
Q So yo u r u n d e r s t a n d i n g w as he w as g o i ng t o j ump
i n t o h e r c a r , w i t h h e r s t i l l as pa s s e n g e r , d r i v e h e r home,
b e f o l l o w e d b y h i s g i r l f r i e n d o r w i f e .
A To p i c k hi m u p. T h a t 's c o r r e c t .
Q And t h a t 's
A T h a t w as i t .
Q T h a t 's k o s h e r . T h a t 's f i n e . R i g h t .
Ti me w i s e , how l o n g -- as s u mi ng , l e t ' s s ay, the
a r r e s t w as a t 10:08, w o u l d t h i s hav e b een j u s t mi nu te s
50
1 l a t e r ?
2
A Ye ah. I t w as n't t h a t l o n g . H o n e s t l y , i t w as -- I
3 know, when Of f i c e r McGi nni s l e f t , he g av e me an i mpo u nd
4 s h e e t ; i t w as n't a c o u pl e mi nu te s t h a t I w al k e d b ack up to
5 the c a r and the n a l l t h i s k i n d o f t r a n s p i r e d .
6 Q Ok ay.
7 A I t w as q u i c k .
8 Q A l l r i g h t . D i d yo u hav e -- w e l l , l e t me b ack t h i s
9 u p.
10 A f t e r yo u mad e t h e s t o p and r e a l i z e d i t w as
11 Mr. C ampb e l l , l e t ' s s a y d u r i n g t h a t 10 mi nu te ti me frame,
12 appro x i mate l y, when McGi nni s k i n d o f to o k o v e r, d i d yo u hav e
13 any co mmu ni cati o ns w i t h F i l t h a u t ab o u t w hat had o c c u r r e d ?
14 A I d i d n 't t a l k to hi m b e tw e e n. Be tw e e n Of f i c e r
15 McGi nni s g e t t i n g t h e r e . So t h e r e w as -- I d o n't remember i f
16 t h e r e w as any co mmu ni cati o ns i n b e tw e e n t h e n .
17 I d i d t e x t hi m a f t e r w a r d s , " Hey, ye ah, we g o t hi m
18 s to ppe d . Oh, my g u y's a r r e s t i n g hi m."
19 And I c o u l d t e l l he w as k i n d o f g i v i n g hi m a h a r d
20 ti me .
21 Bu t I j u s t t e x t e d hi m, " Yeah. He's g o i ng to j a i l .
22 Oh, my g u y's p u t t i n g c u f f s on hi m."
23 I mean, i t w as j u s t k i n d o f f r i e n d l y b a n t e r .
24 Q A l l r i g h t . Wo u l d yo u hav e had -- w ere yo u d o i ng
25
any co mmu ni cati o ns w i t h -- o r e i t h e r yo u to hi m o r hi m to
5 1
yo u -- d u r i n g the ti me frame t h a t yo u w e re f o l l o w i n g the
N i s s a n ?
A No.
Q Ok ay.
A H o n e s t l y , i t w as -- yo u 're t a l k i n g ab o u t a co u pl e
b l o c k s .
Q R i g h t .
A No.
Q And s o the n yo u p u l l e d o v e r, t h i s s t u f f happened ,
maybe a few mo re mi nu te s w ent b y -- I'm j u s t b e i n g g e n e r a l
h e r e -- u n t i l McGi nni s w as k i n d o f t a k i n g o v e r, and t h a t w as
when yo u w o u l d hav e s t a r t e d h a v i n g more co mmu ni cati o n.
A Ye ah.
And h o n e s t l y , I rememb er -- 'cau s e I rememb er my
g u y d o i ng f i e l d s o b r i e t y , and the n when he a r r e s t e d hi m.
And i t w as k i n d o f more o f l i k e j u s t j o k i n g aro u nd w i t h hi m,
b u t i t w as more me s e n d i n g hi m me s s ag e s . L i k e , yo u know,
" Hey, ye ah. We hav e hi m s to ppe d . My g u y's g o i ng to che ck
hi m. Oh, ye ah. My g u y's p u t t i n g h a n d c u f f s o n hi m."
So t h a t w as k i n d o f the co mmu ni cati o n. The re
r e a l l y w as n't much co mi ng b ack fro m hi m a t t h a t po i n t .
Q R i g h t .
And a f t e r -- w as t h e r e any co mmu ni cati o n fro m
Mr. F i l t h a u t to yo u ab o u t the fe mal e i n the c a r ?
A No t t h a t I r e c a l l . I remember s o me thi ng ab o u t,
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1 yo u know, " I ho pe -- yo u r C I ," and , " Who's yo u r C I ," b u t I
2 d o n't rememb er i f he e v e r ans w e re d me b ack ab o u t the fe mal e .
3 Q Bu t t h a t C I comment, t h a t w as p r i o r to the a r r e s t
4 and e v e r y t h i n g ? R i g h t ? Or w as t h a t a f t e r he k new t h e r e w as
5 a g i r l i n the c a r .
6 A That w as a f t e r I knew the g i r l w as i n t h e c a r .
7
Q
Ok ay. E a r l i e r , when yo u w e re t e l l i n g u s ab o u t
8 " who's y o u r C I " and s t u f f , t h e r e w as co mmu ni cati o n b e f o r e
9 the n to o .
10 A Ye ah. That w as --
11
Q
Were yo u w e re g e t t i n g i n f o r m a t i o n s u ppo s e d l y l i v e
12 fro m the b a r .
13 A Ye ah.
14 And t h a t w as -- and t h a t w as k i d d i n g aro u nd .
15
Q
Ye ah.
16 A Be cau s e I d i d n 't know i f he w as g i v i n g me C I . I t
17 w as j u s t a j o k e aro u nd C I s .
18
Q
Ok ay and I u n d e r s t a n d t h a t . And I g u e s s I'm
19 s a y i n g s o t h a t t h e r e w as -- when yo u -- a f t e r the
20 a r r e s t I t h i n k yo u k i n d o f ans w e re d t h i s b u t l e t me as k
21 t h a t a g a i n , I s u ppo s e -- d i d yo u hav e any co mmu ni cati o ns
22 w i t h F i l t h a u t ab o u t the g i r l i n the c a r ?
23 A The re w as co mmu ni cati o n, l i k e I s a i d .
24
Q
Ye ah.
25
i A
And I'm t r y i n g to rememb er, h o n e s t l y , e x a c t l y w hat
I
53
1 w as s a i d . Be cau s e I know I s a i d -- I t o l d hi m who to o k the
2 c a r . Be cau s e I w as l i k e , " Oh, ye ah. Some g u y pi c k e d h e r
3 u p. He's w i t h some g i r l . " 'Cau s e I w as e x pe c t i n g --
4 h o n e s t l y , I w as e x pe c t i n g i t to k i n d o f b e h i s w i f e . So
5 w hen I t e x t e d hi m, I s a i d , " Yeah. Some g u y pi c k e d u p t h i s
6 g i r l . T h i s w as h i s name." I a c t u a l l y s e n t hi m the name. I
7 w ant to s a y -- t h a t 's why I rememb er i t w as , l i k e ,
8 " Mo tro ni ."
9 Q Ok ay.
10 A Bu t he n e v e r re s po nd e d b ack . So b u t -- I mean, he
11 d i d n 't know the g u y. " I d o n't know t h i s g u y." " Ok ay."
12 Q A f t e r t h a t co mmu ni cati o n t h a t we j u s t t a l k e d
13 ab o u t, d i d yo u hav e a n y t h i n g l a t e r i n t h e e v e n i n g o r a h a l f
14 ho u r l a t e r o r a n y t h i n g e l s e w i t h F i l t h a u t , o r w as t h a t k i n d
15 o f the end o f i t a t t h a t po i n t ?
16 A I mean. We t a l k e d . Bu t i t r e a l l y w as n't ab o u t
17 t h a t .
19 A So yo u know, I r e a l l y d o n't --
20 Q So I know yo u g av e u s yo u r c e l l pho ne r e c o r d s and
21 s t u f f . So i n any k i n d o f -- yo u r nu mb er to h i s nu mb er o r
22 h i s number to yo u r nu mb er d u r i n g t h i s ti me frame, i s i t f a i r
23 to s ay t h a t w o u l d p r i m a r i l y b e d e a l i n g w i t h C ampb e l l o r no t
24 n e c e s s a r i l y o r ...
25 A I c o u l d n 't s a y . 'Cau s e we -- l i k e I s a i d , t h e r e
54
w as a l o t o f s t u f f t h a t we w e re m e s s i n g aro u nd . 'Cau s e we
t a l k e d ab o u t p l a y i n g p a i n t b a l l w i t h me a g a i n .
Q Ok ay. So i t w as n't a l l b u s i n e s s , i s w hat I'm
s a y i n g .
A No, no , no . I mean
Q Now, i n yo u r p o l i c e r e po r t , t h e r e 's no me nti o n o f
h e r , o r r e a l l y any d e t a i l s ab o u t the c a r o r the r e g i s t e r e d
o w ner and t h a t k i n d o f t h i n g .
I s t h a t t y p i c a l f o r yo u to no t hav e t h a t
i n f o r m a t i o n i n a p o l i c e r e po r t , o r d i d yo u f e e l t h e r e w as
some r e a s o n yo u s h o u l d k e e p t h a t o u t?
A T h e r e 's r e a l l y -- n o r m a l l y I d o n't pu t a n y t h i n g
ab o u t t h a t . I mean, i f -- the c a r i n f o r m a t i o n s h o u l d go b y
the o f f i c e r , 'cau s e t h a t 's the c a r he w as d r i v i n g . And
t h e r e 's r e a l l y n o t h i n g t o pu t ab o u t the c a r , 'cau s e i t
w as n't s e i z e d , i t w as n't tak e n f o r f o r f e i t u r e . So t h e r e 's
r e a l l y n o t h i n g f o r me t o pu t i n t h e r e . No rmal l y, we'd
e i t h e r pu t, yo u know, t h e c a r w as i mpo u nd ed .
I had s e n t Of f i c e r McGi nni s a mes s ag e t h a t I
r e l e a s e d the c a r to a s o b e r d r i v e r . So i f I s e n t hi m t h a t ,
a l o t o f ti me s g u ys w i l l a c t u a l l y pu t t h a t i n t o t h e i r
r e po r t , i n t o t h e i r a c t u a l i n i t i a l r e po r t .
Q R i g h t .
Ok ay. So t h a t w o u l d b e a t y p i c a l --
And h e r e 's t h e q u e s t i o n , o f c o u r s e . Yo u know,
Ka n a b a y Cour t Repor t er s - Ser vi ng t h e T a mp a B a y Ar e a
55
1 u nd e r t h i s w ho l e s c e n a r i o we hav e h e r e , yo u know, w as --
2 t h e r e d i d -- d i d yo u i n t e n t i o n a l l y o r w e re yo u t o l d t o l e a v e
3 h e r name o u t o f any p o l i c e r e po r t ?
4 A No. I t w as j u s t --
5 Q Ok ay.
6 A I t w as n't r e a l l y r e l e v a n t to a n y t h i n g . The g u y
7 w as a r r e s t e d f o r DUI. He j u s t happe ne d to b e i n t h a t c a r .
8 Q W e l l , I know, b u t I mean I w o u l d s a y -- maybe i t ' s
9 d i f f e r e n t . I t ' s b e e n a w h i l e s i n c e I pr o s e c u t e d DU Is . Bu t
10 I 'v e r e a d tho u s and s o f p o l i c e r e p o r t s . And f r e q u e n t l y o n, a
11 DUI s t o p, t h e r e 's some me nti o n o f who's i n the c a r and how
12 i t ' s r e l e a s e d and t h a t k i n d o f t h i n g .
13 A H o n e s t l y , i t ' s -- I mean s o me ti me s , i f I w as the
14 DUI o f f i c e r , I ' l l pu t i f t h e r e w as o t h e r pe o pl e i n the c a r .
15 And the b a s i s o f t h a t i s , i n c a s e yo u s m e l l a l c o h o l co mi ng
16 fro m the pe r s o n , t h a t yo u can d i s t i n g u i s h i t w as n't fro m the
17 pa s s e n g e r s . So y o u 'l l s o meti mes g e t them o u t to make s u r e
18 yo u c o r r e l a t e the a l c o h o l t o them.
19 Q Ok ay.
20 A So I mi g ht s o meti mes pu t t h e r e w as two pe o pl e --
21 o t h e r pe o pl e i n the c a r .
22 Bu t I hav e n e v e r i n any o f my DUI r e po r t s , w here
23 t h e r e 's o t h e r pe o pl e , d o cu mented w hat t h e i r names w ere, i n
24 the c a r , o r a n y t h i n g .
25 Q Ok ay. A f t e r the 23 rd , t h i s a l l happened , and the n
56
1
i
t h i n g s s t a r t e d b l o w i ng up i n the med i a, l e t ' s s a y ,
2 a f t e r w a r d s .
3 A Mm-hmm.
4 Q D i d yo u hav e any co mmu ni cati o ns w i t h Mr. F i l t h a u t
5 ab o u t t h i s s i t u a t i o n ?
6 A Oh, ye ah. I c a l l e d hi m t h e n e x t d ay.
7 Q Ok ay. And w hat w as t h a t c o n v e r s a t i o n ?
8 A I w as p r e t t y p i s s e d .
9 Q Ok ay.
10 A I a c t u a l l y rememb er che w i ng hi m o n the pho ne.
11 Be cau s e when I l o o k e d a t the new s and I saw i t h i t
12 the new s , and the n I s a i d , " Okay. W e l l , t h i s g u y t o l d me i t
13 w as g o i ng t o h i t the new s b u t he d i d n 't t e l l u s who he w as ."
14 And the n I s aw t h a t o b v i o u s l y he 's on t h i s Bu b b a c a s e . And
15 I'm l i k e , " Ho l y cow." I know my b u d d y w as d o i ng a t t o r n e y
16 w o rk f o r t h i s D i a c o l aw f i r m t h a t he w o rk s f o r .
17 And I n e v e r knew -- I r e a l l y d o n't know -- to me,
18 a l l o f yo u a r e the same. I f yo u t o l d me, yo u 're an
19 a t t o r n e y , yo u 're an a t t o r n e y , c r i m i n a l a t t o r n e y , c i v i l
20 a t t o r n e y , t h e y 'r e a l l the same. A t t o r n e y 's an a t t o r n e y .
21 L i k e I g u e s s w e 're a l l co ps .
22 Bu t I knew t h a t he had s o me thi ng t o d o -- 'cau s e
23 he had t o l d me, when we pl a y e d p a i n t b a l l , t h a t he w as d o i ng
24 pre p w o rk f o r t h i s c a s e .
25 So I'm l i k e , " Ho l y cow."
57
So I c a l l e d hi m. I s a i d , " Does t h i s g u y w o rk f o r
yo u ? "
Cau s e a t t h a t po i n t , h o n e s t l y , i t w as s o e a r l y i n
the mo rni ng , i t w as l i k e 7:s o me thi ng i n t h e mo rni ng , o r
8:00, w hate v e r ti me i t w as , and I w as o n t h e way to c o u r t .
So I r e a l l y had n't c o r r e l a t e d t h a t t h i s g u y w as o n the --
w o rk i ng f o r the S c h n i t t g ro u p. I j u s t knew he had s o me thi ng
to d o w i t h t h i s t r i a l .
So when I c a l l e d my b u d d y, I a c t u a l l y a s k e d hi m, I
s a i d , " T h i s g u y, he 's an a t t o r n e y ."
" Yeah. He's an a t t o r n e y ."
I g o , " You s a i d he w o rk e d i n yo u r b u i l d i n g ."
" We l l , ye ah. He w o rk s i n my b u i l d i n g ."
" Yeah. Bu t yo u d i d n 't t e l l me he 's o n t h i s Bu b b a
He g o e s , " We l l , ye ah."
I go, " Does he w o rk f o r yo u g u y s ?"
'Cau s e a t t h i s po i n t I'm t h i n k i n g , " Okay. He mu s t
w o rk i n t h e i r l aw f i r m ." H o n e s t l y . 'Cau s e I d i d n 't c a t c h
w hat s i d e w as who.
And he g o e s , " No. He d o e s n't w o rk o n my s i d e ."
And I w ent, " Does he w o rk o n the o t h e r s i d e ? "
He g o e s , " Yeah."
I w ent, " Are yo u k i d d i n g me?"
He g o e s , " No. !
58
1 I g o , " You d o n't t h i n k yo u s h o u l d hav e t o l d me
2 t h a t ? "
3 " We l l , Ray, w hat's the b i g d e a l ? "
4 I s a i d , " Are yo u k i d d i n g me?" I mean, I r e a l l y
5 reamed i n t o hi m --
7 A - - t o t h e po i n t w here he b ecame d e f e n s i v e . 'Cau s e
8 I w as r e a l l y u ps e t t h a t I d i d n 't know t h a t i n f o r m a t i o n p r i o r
9 t o .
10 Q W e l l , I mean, i f yo u had known a l o t o f t h i s
11 i n f o r m a t i o n , w o u l d yo u hav e b e hav e d d i f f e r e n t l y ?
12 A Of c o u r s e .
13 Q Ok ay.
14 A Mo s t d e f i n i t e l y .
15 Q Ok ay. And e x pl a i n t h a t . I t h i n k I know t h e
16 ans w e r. Bu t yo u know, how d o yo u mean?
17 A W e l l , l i k e I t o l d my c h i e f , my j o b i s t o a r r e s t
18 d ru nk d r i v e r s . My j o b i s to a r r e s t d ru nk d r i v e r s . So I
19 r e a l l y d o n't c a r e w here the i n t e l comes fro m. I g e t i t fro m
20 b a r o w ners , I g e t i t fro m v a l e t s , I g e t pe r s o n a l c a l l s fro m
21
an o w ner t h a t r u n s t h r e e d i f f e r e n t b a r s , o r the manag er.
22 Q R i g h t .
23 A So i t d o e s n't r e a l l y m a t t e r to me.
24
Bu t b e i n g t h a t the f a c t t h a t t h i s i s s u ch a
25
h i g h - p r o f i l e c a s e -- and I had n't w atche d any o f t h i s c a s e
59
1 u n t i l a f t e r w a r d s , to b e r e a l h o n e s t w i t h yo u -- I w o u l d hav e
2 t o t a l l y h a n d l e d t h a t d i f f e r e n t . I pr o b a b l y w o u l d n't e v e n
3 b e e n o u t t h e r e , to b e r e a l ho ne s t w i t h yo u . 'Cau s e I know
4 w hat the r a m i f i c a t i o n s a r e p o l i t i c a l l y t o s o me thi ng l i k e
5 t h a t .
6 Q W e l l , now, l e t me as k yo u , i s t h e r e d o yo u
7 e v e r , i n t h e s e i n t e l s c e n a r i o s l i k e t h i s , w here yo u 're
8 g e t t i n g i n f o r m a t i o n -- I mean, f o r exampl e, w o u l d yo u hav e
9 s a i d , l i k e , t o F i l t h a u t w hen he s a i d , " Oh, t h i s g u y's
10 d r i n k i n g . He's g o i ng to d r i v e ," w o u l d yo u e v e r s a y , " We l l ,
11 t e l l hi m to g e t a cab " ?
12 Do yo u f o l l o w w hat I'm s a y i n g ? Do yo u e v e r t r y
13 t o --
14 A No.
15 Q - - d o p r e v e n t i v e w o rk , yo u know, l i k e --
16 A I c a n 't s a y t h a t I d o. 'Cau s e I g e t c a l l s -- l i k e
17 I s a i d , I g e t c a l l s , to b r i n g up an i n s t a n c e , w here I hav e a
18 b a r o w ner t h a t c a l l e d me s o much t h a t I a c t u a l l y had to
19 s t a r t b l o c k i n g hi m o u t o f my pho ne. The g u y's name's Ray
20 and he 's a b a r manag er. He'd c a l l me and s a y , " T h i s g u y's
21 l e a v i n g t h e b a r r i g h t now. He's d ru nk ."
22 I had an i n s t a n c e w here I a c t u a l l y s a t a b l o c k
23 away, and the g u y w a l k e d o u t o f the b a r , he w as g o i ng to
24 d r i v e a m o t o r c y c l e . W e l l , to me, i f yo u 're g o i ng to g e t a
25 o n a m o t o r c y c l e d ru nk , yo u 're -- i t ' s r e a l l y d ang e ro u s .
60
1
Q
R i g h t .
2 A V e r s u s a c a r . I t ' s s t i l l d ang e ro u s , b u t --
3
Q
I u n d e r s t a n d .
4 A So I t o l d the g u y -- I t o l d Ray, I s a i d , " T e l l
5 t h a t g u y to t u r n aro u nd and l o o k ." And I w as ab o u t a b l o c k
6 aw ay. I r o l l e d d own my wind ow. Ray t o l d hi m, " Lo o k ." He
7 l o o k e d and me, and I w av ed o u t o f my u nmark ed c a r , and t h e
8 g u y s t i l l d ro v e aw ay.
9
Q
Ok ay.
10 A So --
11
Q
He w as r e a l l y d ru nk .
12 A Ye ah. And he end ed up g e t t i n g a r r e s t e d f o r DUI --
13
Q
R i g h t .
14 A -- 'cau s e we s to ppe d hi m. He had a d r i v i n g
15 p a t t e r n . Same s c e n a r i o .
16 So no , I d o n't n o r m a l l y s ay -- go up t o pe o pl e and
17 t e l l them , " Do n't d r i v e ."
18
Q Do yo u f e e l i n t h i s s i t u a t i o n yo u k i n d o f g o t
19 u s e d ?
20 A Oh, mo s t d e f i n i t e l y .
21
Q
A l l r i g h t .
22 A Ye ah. I f e e l l i k e I g o t d ru g thro u g h the mud .
23 MR. LOUGHERY: Ok ay. I 'v e g o t a c o u pl e mo re
24 q u e s t i o n s , Bru ce , o r -- Ms. And ri ng a.
25 Do yo u hav e any a t t h i s po i n t ?
61
1 MR. BARTLETT: I had o ne q u e s t i o n .
2 L e t me t h i n k .
3 BY MR. LOUGHERY:
4
Q W e l l , I ' l l as k a c o u pl e mo re.
5 A Ok ay.
6
Q I know yo u g av e u s yo u r c e l l pho ne s t u f f , b u t we
7 a l s o s u b po e nae d t h a t i n f o r m a t i o n as w e l l , o k ay?
8 A Mm-hmm.
9
Q
And i t appe ars as i f t h e r e 's ab o u t, b e l i e v e i t o r
10 no t, 98 o r 95 t e x t s b e tw e e n yo u and hi m d u r i n g t h a t , l i k e ,
11 t h r e e -h o u r pe r i o d .
12 Do es t h a t s o u nd p o s s i b l e ? I mean --
13 A I d o n't know i f i t w as t h a t many.
14 Are yo u t a l k i n g ab o u t, l i k e , me d o i ng 98?
15
Q
W e l l , no . I t w o u l d b e l i k e -- l e t 's s a y i t ' s
16 ab o u t h a l f and h a l f . So t h a t w o u l d b e -- I mean, i t c o u l d
17 b e, " How' s i t g o i ng ? I'm d o i ng f i n e ," " w hat a r e yo u --"
18 A Ye ah.
19
Q
-- and t h a t c o u l d b e t h r e e , f o u r , f i v e , s i x ,
20 s e v e n --
21 A Oh, y e a h .
22
Q
-- d e pe nd i ng o n how many ti me s i t ' s b e i n g s e n t .
23 A Ye ah. 'Cau s e when yo u s t a r t t e x t i n g me, yo u 're
24 j u s t t e x t and s e nd , and ...
25
Q
D i d yo u r e t a i n t h o s e t e x t s ?
Kanabay Court Reporters Serv ing the Tampa Bay Area
62
1 A No, s i r .
2
Q Do yo u s t i l l hav e them i n yo u r pho ne?
3 A I d o n't hav e a n y t h i n g i n my pho ne.
4
Q Do yo u co mmo nl y d e l e t e y o u r t e x t s ?
5 A I w as t r y i n g to u pd ate -- i t ' s c a l l e d J e l l y Bean
6 f o r my pho ne.
7
Q I d o n't know w hat t h a t i s .
8 A I t ' s a new A n d r o i d o pe r a t i n g s ys te m.
9
Q
Ok ay.
10 A So I had s o me thi ng c a l l e d -- i t w as n't c a l l e d --
11 So anyw ay, J e l l y Bean j u s t came o u t, s o I w as
12 t r y i n g to u pd ate my pho ne to J e l l y Bean. And yo u hav e to
13 pl u g i n t o the co mpu te r and d o w nl o ad and s t u f f . So i t w as n't
14 l i k e --
15 'Cau s e I d i d n 't t h i n k a n y t h i n g o f any o f t h i s
16 s t u f f u n t i l -- yo u know, I tho u g ht I c o u l d g e t a l l my t e x t
17 me s s ag e s fro m V e r i z o n . 'Cau s e I a c t u a l l y c a l l e d the ne x t
18 d ay, and c a l l e d V e r i z o n to s e e i f I c o u l d g e t them, and the y
19 t o l d me I c o u l d n 't g e t a n y t h i n g w i t h o u t a s u b po ena.
20
Q
A l l r i g h t .
21 A So I had a l r e a d y d o ne -- yo u know, I'm d o i ng
22 t h i s - - yo u can a s k my w i f e . I'm t r y i n g t o d o t h i s J e l l y
23 Bean t h i n g . My k i d s a r e t r y i n g to h e l p me, s o --
24
Q And t h a t 's a l l happened s i n c e the n?
25 A Ye s .
63
1 Q So when, yo u d i d t h i s J e l l y Bean t h i n g o r w hate v e r
2 i t i s , i t wound u p d e l e t i n g a l l yo u r o l d t e x t s .
3 A Ye ah. W e l l , I 'v e b e e n t r y i n g -- I w as t r y i n g t o
4 u pd ate i t , and i t d e l e t e d some s t u f f . And I t r i e d t o d o i t
5 o n l i n e , b u t yo u 'v e g o t to pl u g i t i n t o the co mpu ter t o d o
6 t h i s J e l l y Be an u pd ate ...
7 Q Hav e yo u --
8 A So --
9 Q Hav e e v e r t r i e d to l o o k a t yo u r c e l l pho ne to s e e
10 w he the r any o f t h o s e t e x t s a r e pr e s e r v e d ?
11 A Ye ah. When I s t a r t e d t h i n k i n g , " We l l , maybe t h i s
12 i s i m po r t a n t f o r me t o k e e p t h i s s t u f f . "
13 Q R i g h t .
14 A Bu t I d o n't s e e any o f t h a t i n my pho ne.
15 Q Ok ay.
16 A And l i k e I s a i d , I e v e n t r i e d to -- I tho u g ht i t
17 w as i mpo rtant eno u g h t h a t I c a l l e d V e r i z o n to s e e i f I c o u l d
18 g e t i t , and t h e i r comment to me w as , " No. An a t t o r n e y w i l l
19 hav e t o g e t i t , 'cau s e yo u c a n 't g e t i t w i t h o u t a s u b po ena."
20 Q R i g h t . Bu t I mean, a t t h a t ti me yo u c a l l e d
21 V e r i z o n , c o u l d n 't yo u j u s t l o o k i n yo u r pho ne and l o o k a t
22 them?
23 A No. 'Cau s e I had a l r e a d y u pd ate d i t .
24 Q T h a t 's n o t my q u e s t i o n . I t h i n k yo u s a i d a mi nu te
25 ag o yo u c a l l e d V e r i z o n the n e x t d ay.
64
A Ye ah. I had c a l l e d V e r i z o n . Bu t I had a l r e a d y
t r i e d t o u pd ate my pho ne. So i t w as g o ne.
Q So yo u t r i e d to u pd ate i t pr e v i o u s t o t h i s --
A Ye ah. Bu t the y t o l d me -- w hat t h e i r comments to
me w e re , w as t h a t , " Yo u r a t t o r n e y can g e t i t . We r e t a i n
t h a t i n f o r m a t i o n . The y can d o a s u b po e na."
So i t w as l i k e , " Okay. They can g e t my
i n f o r m a t i o n . I t ' s no t r e a l l y a b i g d e a l ."
Q Ok ay. Bu t my q u e s t i o n i s -- and maybe w e're j u s t
k i n d o f r u n n i n g aro u nd , u n d e r s t a n d i n g --
D i d yo u u pd ate , and t h e r e f o r e d e l e t e the t e x t
me s s ag e s a f t e r the e v e n i n g o f the 2 3 r d and b e f o r e yo u c a l l e d
V e r i z o n --
A That --
Q -- o n the 24th?
A T h a t 's c o r r e c t . When I c a l l e d V e r i z o n the ne x t
d ay - -
I t mi g ht hav e b e e n the n e x t d ay a f t e r t h a t .
Q Ok ay. Whate v e r.
A Ho w ev er c l o s e i t w as . I t w as w i t h i n a d ay o r two..
And I c a l l e d them. And I w as l i k e , " Okay. We l l ,
22 | t h e y s a i d I can g e t t h i s i n f o r m a t i o n ." The y a c t u a l l y t o l d
2 3 j me the y r e t a i n e d e v e r y t h i n g f o r , l i k e , 15 0 d ays , I t h i n k i t
i
24 j w as . So I w as l i k e , " A l l r i g h t . So i f anyb o d y ne e d s my
25 | i n f o r m a t i o n , the y can s u b po ena i t . I t ' s no t a b i g d e a l ."
6 5
1 Q So the n yo u w ent ahe ad w i t h yo u r J e l l y Be an t h i n g .
2 A T r y i n g t o u pd ate , ye ah.
3 MR. BARTLETT: D i d Ad am F i l t h a u t e v e r t e l l yo u
4 w here he w as ? I "m s u r e yo u had to hav e a s k e d t h a t
5 q u e s t i o n .
6 THE WITNESS: No. And I n e v e r hav e . H o n e s t l y ,
7 to t h i s d ay, I hav e n't as k e d hi m t h a t q u e s t i o n . I
8 d o n't know w here he w as a t .
9 And yo u know, as f a r a s I'm co nce rne d , he c o u l d
10 hav e b e e n s i t t i n g t h e r e g e t t i n g t h i s i n f o r m a t i o n
11 fro m t h i s g i r l w h i l e he w as a t the b a r . I d o n't
12 know.
13 BY MR. LOUGHERY:
14 Q And yo u 'v e a l s o -- yo u 'v e b e e n t o l d b y y o u r c h i e f
15 o r s u pe r v i s o r t h a t yo u 're no t s u ppo s e d to hav e c o n v e r s a t i o n s
16 w i t h F i l t h a u t ab o u t t h i s ?
17 A I w as a d v i s e d b y an a t t o r n e y t h a t I s h o u l d s t a y
18 aw ay fro m hi m; t h a t I s h o u l d hav e no c o n t a c t w i t h hi m,
19 b e cau s e i t w as i n my b e s t i n t e r e s t and -- yo u know.
2 0 Q So t h a t 's an ans w e r yo u 'd l i k e to know, b u t yo u
21 hav e n't b o t h e r e d to as k hi m 'cau s e yo u 're s t a y i n g aw ay.
22 A Ye ah. And I d o n't know -- l i k e I s a i d , I -- I
23 s u s pe c t t h a t h i s i n f o r m a t i o n w as co mi ng fro m, yo u know,
24 t h e s e g i r l s now, b u t I d o n't know i f he w as s t a n d i n g i n the
25 b a r , a c r o s s the b ar; I d o n't know i f he w as a t home; I d o n't
Ka n a b a y Cour t Repor t er s - Se r v i n g t h e Ta mp a B a y Ar ea
66
1 know i f he w as i n h i s c a r . I d o n't know the w he re ab o u ts o f
2 hi m t h a t n i g h t .
3 EXAMINATION
4 BY MR. BARTLETT:
5 Q D i d yo u n o t i c e i f any o f the t e x t s he s e n t yo u
6 w e re pe r h a ps fo rw ard e d t e x t s fro m, s ay, somebod y e l s e had
7 s e n t them to hi m?
8 A No. I know t h e y w e re n't fo rw ard e d .
9 Q Ok ay.
10 A The s e came d i r e c t l y fro m hi m.
11 Q W e l l , i t w o u l d come fro m hi m, b u t yo u know --
12 A No. The re w as no -- t h e r e w as no c o n n e c t i n g --
13 Q Where he 's j u s t b u mpi ng them to yo u .
14 A No. E v e r y t h i n g s a i d i t w as co mi ng s t r a i g h t fro m
15 hi m.
16 So I hav e to s u s pe c t -- I d o n't know, i f he s e n t
17 me s o me thi ng he s e n t yo u , how t h a t w o u l d show up o n my pho ne
18 b u t --
19 Q T h e r e 's a way t o fo rw ard i t , w hi ch yo u w o u l d t h i n k
20 i t came fro m hi m b u t i t r e a l l y came fro m me.
21 A T h e r e w as n o t h i n g t h a t had a n y t h i n g o t h e r than h i s
22 name. And I -- and a c t u a l l y , 'cau s e he 's pro g rammed i n my
23 pho ne, i t j u s t po ps up w i t h h i s name.
24 MR. BARTLETT: T h a t 's a l l I hav e .
25 MR. LOUGHERY: Go o f f the r e c o r d .
6 7
1 (A d i s c u s s i o n w as h e l d o f f t h e r e c o r d .)
2 EXAMINATION
3 BY MR. LOUGHERY:
4
Q The q u e s t i o n , I g u e s s , w o u l d b e ab o u t the N i s s a n .
5 D i d yo u e v e r g e t a t a g nu mb er?
6 A No.
7
Q And s o w hen yo u f o l l o w e d t h a t N i s s a n , I w o u l d
8 as s u me i n y o u r mi nd i t c o u l d hav e b e e n o ne t h e y w e re t a l k i n g
9 ab o u t, b u t yo u d i d n 't r e a l l y know f o r s u r e .
10 A I d o n't know i f i t w as t h e c a r f o r s u r e . I
11 tho u g ht t h e r e w as g o i ng to b e a fe mal e d r i v e r , fro m w hat my
12 g u y s a i d . So t h a t w as the o n l y t h i n g I can t e l l yo u .
13
Q
And w e re yo u d r i v i n g i n a mark ed u n i t --
14 A Ye s .
15
Q
-- a t t h a t ti me ?
16 A Ye ah. Bo th o f u s d r i v e i n a mark ed u n i t .
17
Q
Ev e n McGi nni s .
18 A My w ho l e s qu ad , u n l e s s o ne o f the s q u ad b re ak s
19 d own, i s a l l u nmark ed Cro w n V i c t o r i a s .
20
Q
A l l w hat?
21 A Unmark ed Cro w n V i c t o r i a s .
22 (A d i s c u s s i o n w as h e l d o f f the r e c o r d .)
23 BY MR. LOUGHERY:
24
Q
How d i d yo u know the N i s s a n w as g o i ng to come o u t
25 o f the v a l e t a s o ppo s ed to the pa r k i n g g arag e e x i t ? Or d i d
Ka n a b a y Cour t Repor t er s - Se r v i ng t h e Ta mp a B a y Ar ea
6 8
yo u know?
A I d i d n 't know. When he s a i d he mi g ht b e d r i v i n g a
g r a y N i s s a n , I had no c l u e w here the c a r w as pa r k e d a t o r
w he re i t w as co mi ng fro m.
Bu t s i n c e I w as s i t t i n g t h e r e and I s aw c a r s and I
s aw pe o pl e s t a n d i n g up a t the v a l e t s t a n d and I c o u l d n 't
e v e n t e l l i f i t w as a N i s s a n up t h e r e u n t i l McGi nni s d ro v e
b y and t o l d me " Femal e d r i v e r . "
Now, I'm as s u mi ng he s aw a g ray N i s s a n and t h a t he
s aw a fe mal e g e t t i n g i n t o i t , b u t I mean, I g u e s s t h a t 's
mayb e a b e t t e r q u e s t i o n to as k hi m a t t h i s po i n t .
MR. LOUGHERY: A l l r i g h t . Anythi ng e l s e ?
Thank s , S e r g e a n t .
THE STATEMENT WAS CONCLUDED AT 12:06
Ka n a b a y Cour t Repor t er s - Ser v i ng t h e T a mp a B a y Ar e a
Pi nel i a s 7 2 7 82 1-332 0; Hi l l sbor ough 813 2 2 4-9500
69
C ER TIFIC ATE OF OATH
STATE OF FLORIDA )
COUNTY OF PINELLAS )
I , the u n d e r s i g n e d a u t h o r i t y , c e r t i f y t h a t RAYMOND
FERNANDEZ, p e r s o n a l l y appe are d b e f o r e me and w as d u l y s w o rn.
WITNESS my hand and o f f i c i a l s e a l t h i s 1 8 t h d ay o f A p r i l ,
2013 .
DONNA M. KANABAY, RMR, CRR, FPR.
Ka n a b a y Cour t Repor t er s - Se r v i ng t h e Ta mp a B a y Ar ea
70
1
2 REPORTER'S C ER TIFIC ATE
3
4 STATE OF FLORIDA )
5 COUNTY OF PINELLAS )
6 I , DONNA M. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po r t e r ,
c e r t i f y t h a t I w as a u t h o r i z e d to and d i d s t e n o g r a p h i c a l l y
7 r e po r t the s tate me nt o f RAYMOND FERNANDEZ and t h a t the
t r a n s c r i p t i s a t r u e and co mpl e te r e c o r d o f my s t e n o g r a ph i c
8 n o t e s .
9 I f u r t h e r c e r t i f y t h a t I am no t a r e l a t i v e , e mpl o ye e ,
a t t o r n e y o r c o u n s e l o f any o f the p a r t i e s , no r am I a
10 r e l a t i v e o r empl o yee o f any o f the p a r t i e s ' a t t o r n e y o r
c o u n s e l co nne cte d w i t h the a c t i o n , no r am I f i n a n c i a l l y
11 i n t e r e s t e d i n the a c t i o n .
12 DATED t h i s 18th d ay o f A p r i l , 2013
13
14
15
16 No tary P u b l i c
17 '
18
19
20
21
22
23
24
25
State At t or ney Investi gati on
Raymond Fernandez
Ma r c h 5,2013
1
10(2)
4:7;50:11
10:08 (2)
42:21;49:25
12( 1)
3:23
12:06 (1)
68:14
14( 3)
3:22,24;5:18
15( 3)
3:4,11;4:7
150 (1)
64:23
16( 2)
5:17;23:18
18( 1)
2:15
2
200 (1)
4:6
23r d (9)
6:15;8:4;9:4;
12:15;14:1,11;18:16;
55:25;64:12
24t h (1)
64:15
275 (1)
38:11
3
300 (1)
31:10
35( 1)
5:10
4
43 (1)
4:15
5
5( 1)
14:18
57( 2)
4:12,13
6
6 ( 1)
20:4
600 (3)
4:18,20;20:11
605 (1)
4:20
670s (1)
4:21
680s (1)
4:21
7
7( 4)
14:19,24;15:2,3
7:00 (2)
14:15;16:3
7:08 (1)
15:2
7somefhi ng (1)
57:4
8
8:00 (1)
57:5
9
9:57 (1)
42:18
95( 1)
61:10
98( 2)
61:10,14
A
able (6)
11:18;17:14;
38:16;45:22;46:19;
48:3
above (1)
30:13
Absol ut el y (1)
47:10
acknowl edged (1)
40:22
across (1)
65:25
acti ng (1)
21:2
activities (1)
3:19
actual (2)
5:15;54:22
actual l y (28)
3:4;6:21;9:25;
12:22;14:1;15:8;
16:19;17:14;24:6;
25:6;32:5,14;33:21;
38:23;42:2;44:8,23;
47:1;48:16;53:6;
54:21;56:10;57:9;
59:18,22;62:17;
64:22;66:22
Adam (9)
5:2,5,12;12:23;
14:21;22:1;26:22;
27:22;65:3
address (2)
27:9,16
advised (1)
65:17
af f i davi t (1)
42:17
af f i l i at i on (1)
6:17
af f i rmat i ve (1)
37:4
afterwards (4)
43:14;50:17;56:2;
59:1
again (11)
5:22;14:2;16:18,
22,24;24:6;33:3;
34:24;35:8;52:21;
54:2
against (1)
23:20
agenda (1)
4:1
ago (1)
63:25
ahead (5)
12:11;40:8;43:23;
44:19;65:1
Ai den ( I )
6:9
ai n' t ( I )
30.20
alcohol (3)
40:24;55:15,18
almost (2)
28:20;39:16
al ong (1)
41:22
always (2)
7:23,24
Ameri ca (12)
10:15;12:4;19:13,
16;25:18;27:7,13;
28:21;31:14,20;
32:18;33:6
amount (1)
21:7
ANDRI NGA (2)
36:11;60:24
Andr oi d (1)
62:8
answered (2)
52:2,20
anyways (3)
6:3;15:24;45:23
appears (1)
61:9
approached (1)
38:10
approxi mat el y (2)
9:9;50:12
area (5)
6:5;20:9;32:4;
35:1;41:6
around (13)
16:2;22:3,19;
24:21;32:7,23;40:16;
51:16;52:14,17;54:1;
60:5;64:10
arrest (15)
9:2,3 ;42:17,22;
43:4,15,24;44:23;
45:15;46:25;49:25;
52:3,20;58:17,18
arrested (6)
8:21;44:12;45:3;
51:15;55:7;60:12
arrest i ng (1)
50:18
arrests (1)
4:1
ar r i ve (1)
15:5
Ashley (10)
19:20,22;25:18,19,
21;34:1,2,4;37:13;
38:2
assigned (1)
44:14
assignment (1)
45:12
assume (6)
6:16,23;7:3;37:21;
42:12;67:8
assumed (1)
47:14
assuming (5)
27:7;42:23,25;
49:24;68:9
assumpti on (3)
18:7;27:11;41:8
asti gmati sm (1)
34:19
attenti on (1)
12:13
attorney (18)
9:16; 11:23,24;
12:6;16:17;22:25;
44:2;56:15,19,19,19,
20,20;57:10,11;
63:18;64:5;65:17
At t orney' s (1)
56:20
average (3)
4:3,6,12
aware (1)
43:5
away (9)
5:10,11;14:7;
27:18;59:23;60:6,8;
65:18,21
B
back (30)
5:12;7:15;11:10;
15:11,21;26:13;35:6,
6,7;36:6;37:24;41:4,
25; 42: 6; 44: 1; 45: 20,
24,25;46:8,15;47:20;
48:1,2,16;49:15;
50: 4, 8; 51: 21; 52: 2;
53:10
backed (1)
42:5
backgr ound (3)
5:7;10:20;13:21
bad (1)
34:18
bal l (1)
13:7
Bank (12)
10:14;12:3;19:13,
16;25:18;27:7,13;
28:20;31:14,20;
32:17;33:6
banter (3)
22:2;32:22;50:23
bar (17)
8:21,22,24;22:22;
24:7,12,14;33:11;
52:12;58:20;59:18,
20,21,23;65:11,25,25
bars (1)
58:21
BARTL ETT (4)
61:1;65:3;66:4,24
basically (4)
8: l ; 17: l l ; 29: 5;
45:11
basis (1)
55:15
bat hroom ( 1)
31:3
Bean (7)
62:5,11,12,23;
63:1,6;65:1
became (1)
58:7
becoming ( 1)
3:3
beer ( l )
23:18
behaved (1)
58:11
behi nd (4)
25:17;29:4,13,17
belief (1)
27:6
besides (2)
12:7;31:12
best (2)
5:9;65:19
better (1)
68:11
bi g (7)
13:4;14:9;15:23;
49:16;58:3;64:8,25
bi t (5)
12:11;14:12;
Miii-L~ Saipt# Kanabay Cour t
Pinellas 727
Reporters - Servi ng the Tampa Bay Area
821-3320; Hi l l sborough 813 224-9500
(1) 10 - bi t
State At t or ney Investi gati on Raymond Fernandez
Mar ch 5,2013
31:17;40:16;41:7 32:24 18;46:3,8;47:17; 58:17;65:14 conducted (1)
bl ack (7) 48:4,5,15,17;49:6,8, chi l dren (4) 39:20
20:3,4,4,10;32:8, c 10,18;50:5;51:24; 6:8,11,12,13 conf i dent (1)
10;35:9 52:5,6,22;53:2;54:7, Cl ( 8 ) 3:25
bl ock (7) cab (1) 13,14,15,18,20;55:7, 22:15,18;24:21; conf i r m (1)
28:24;39:5,21,24; 59:11 11,14,21,24;60:2,7; 52:1,1,3,8,16 27:22
40:3;59:22;60:5 cabs (1) 66:1;67:10;68:3 circumstances (2) connected (1)
bl ocki ng (1) 45:6 care (1) 10:10;45:1 41:9
59:19 cal l (14) 58:19 CIs (1) connecti ng (1)
bl ocks (4) 4:10;6:18;8:6,15; career (2) 52:17 66:12
21:21;27:18; 15:14;17:21;18:5,16; 7:11,23 Ci t y (5) connecti on (1)
38:11;51:6 31:1;36:18;44:25; car r y (2) 2:13;4:4,7;39:24; 12:18
bl oodshot (1) 48:9,10;59:20 7:4,5 40:3 consider (1)
40:25 called (30) cars (7) ci vi l (1) 6:1
bl owi ng (1) 4:17,19;8:7,8,9; 11:12;31:22,24; 56:19 consistently (1)
56:1 12:23;14:2;15:11,17, 32:1;34:9;35:24; close (7) 32:20
B MW (5) 21,21,22;16:16;41:5; 68:5 5:23,25;28:23,25; constrai nts (1)
20:3,4,4,11;35:10 56:6;57:1,9;59:18; car' s (1) 31:16;39:10;64:20 44:23
BMWs (1) 62:5,10,10,17,18; 38:14 clue (7) contact (2)
32:10 63:17,20,25 ;64:1,12, case (7) 11:21;12:10,25; 15:9;65:18
booze (3) 16,21 12:20;55:15; 14:6;23:5;38:17; contacted (1)
41:13,14,16 cal l i ng (4) 56:14,24;57:15; 68:3 15:8
bored (1) 7:25;8:23;15:11; 58:25,25 coffee (2) Conti nue (1)
32:2 24:1 Cass (2) 11:8;25:5 30:3
bot h (4) calls (5) 38:20,20 col l ateral (2) conversati on (8)
15:14,15;30:1; 8:5;30:14;58:20; catch (1) 8:18,25 17:2,3,7,9; 19:15;
67:16 59:16,17 57:19 col or (1) 23:19;26:1;56:7
bot hered (1) came (12) caught (1) 35:25 conversations (2)
65:21 5:12;16:4;25:20, 40:11 Col orado (1) 22:6;65:15
bot t l e (1) 21;41:6;44:1;47:19; cause (50) 6:7 cop (1)
16:20 48:2;62:11;66:10,20, 9:12,22;11:5,7; comi ng (11) 25:15
breaks (1) 20 13:5;15:14;16:15; 12:22;24:9;46:9, cops (1)
67:18 Campbel l (34) 17:18,25;19:15;22:2; 10,11;47:15;51:21; 56:21
br eat h (1) 8:15;9:6,19;10:3, 23:12;26:17;27:10; 55:15;65:23;66:14; co-registered (1)
40:24 25;11:1,2,5,9,10; 28:1,1;30:12;31:1; 68:4 36:14
br i ef (1) 12:7;14:2,4;16:9,13; 32:13,14;35:25;41:2, comment (2) corner (2)
5:7 17:15,19,19,22,25; 20;42:13;44:15; 52:3;63:18 34:5;38:4
br i ng (1) 18:3,7,10,20,22,23; 46:4;48:12;49:8,11; comments (1) cor por al ( 2)
59:17 20:2,3;30:7;33:10; 51:14;53:3,25;54:1, 64:4 3:6,9
br oken (1) 41:8;43:24;50:11; 14,15;56:22;57:3,18, common (1) corporal s (2)
22:3 53:23 19;58:7;59:3,16; 2:10 3:23;44:25
Br uce (1) Campbel l ' s (1) 60:14;61:23;62:15, commonl y (1) correlate ( 1)
60:24 16:4 17;63:19,23;65:21; 62:4 55:18
Bubba (5) can (23) 66:22 communi cat i ng (1) correl ated (2)
12:12;13:4,17; 4:1,4;9:8;12:19; cell (8) 47:13 41:22;57:6
56:14;57:14 15:13;28:18;31:17; 6:23;7:3,8;47:12, communi cat i on (12) couple (8)
buddy (5) 34:8;35:22;36:11; 16;53:20;61:6;63:9 8:19;9:5,9;14:20; 21:21;27:17;29:8;
9:23;12:22;14:5; 37:3;39:11;49:7,8, center (3) 16:4;26:7;51:12,20, 38:11;50:4;51:5;
56:15;57:9 10;55:16;62:22;64:5, 34:7;38:6,13 23;52:8,23;53:12 60:23;61:4
bui l di ng (14) 6,7,22,25;67:12 cert ai n (1) communi cati ons (10) course (3)
9:15,22,22;11:24; capacity (1)
8:7
34:8 22:7;26:3;32:18, 41:12;54:25;58:12
12:1,2,4; 16:17;
capacity (1)
8:7 change (2) 20;36:8;50:13,16,25; court (2)
19:14,16;28:21; capsules (1) 7:19,25 52:21;56:4 12:23;57:5
31:14,57:12,13 33:4 changed (2) compartmental i ze (1) courthouse (1)
bumpi ng (1) car (73) 7:10,18 25:25 12:24
66:13 9:21;10:14;19:11; Charl es (9) compl ai nt (1) courts (1)
bunch (3) 22:3.4;25:9;28:21; 11:2;17:19,22; 42:17 21:10
13:13;24:18;35:12 31:12;32:5;35:14; 18:3,20,21,22;20:2,2 comput er (2) coverage ( 1)
busi ness (1) 36:9,14;37:10,11,12, check (3) 62:13;63:5 12:12
54:3 12,15,17,19;38:1,18; 47:1,5;51:18 concerned (1) cow (2)
busy (2) 40:9;41:4,24;42:1,3, chewi ng (1) 65:9 56:15,25
13:9,11 5,6,9;43:2,6,8,25; 56:10 CONCLUDED (1) credi bi l i ty ( 2)
buyi ng (1) 44:7,13;45:3,4,7,8, chi ef ( 2) 68:14 23:25;24:3
> ! M I t > i svi ;< Kanabay Cour t Reporters - Servi ng the Tampa Bay Area (2) bl ack - cr edi bi l i t y
Pinellas 727 821-3320; Hi l l sborough 813 224-9500
State At t orney Investi gati on
Raymond Fernandez
Mar ch 5, 2013
credi bl e (1)
23:24
cri me (2)
8:6,6
cri mes (1)
4:5
cr i mi nal (1)
56:19
Cr own (2)
67:19,21
cuffs (1)
50:22
cur r ent l y (1)
20:19
D
dangerous (2)
59:25;60:2
dar k (2)
34:18;35:25
date (1)
9:12
day (12)
3:21;7:15;10:12;
12:23;22:3;56:6;
62:18;63:25;64:17,
18,20;65:7
days (1)
64:23
dayt i me (1)
3:18
deal (8)
15:24;44:13;45:9,
14;49:16;58:3;64:8,
25
deal i ng (3)
45:3,4;53:23
deci ded (1)
7:22
defensi ve (1)
58:7
def i ni t el y (4)
6:25;40:3;58:14;
60:20
del ete (2)
62:4;64:11
del et ed (1)
63:4
del et i ng (1)
63:2
Depar t ment (3)
2:13,21;7:17
depend (1)
31: 7
dependi ng (1)
61:22
depends (5)
21:12,17,18;31:8;
45: 1
descr i pt i on (2)
19:12;32:1
desi gnat e (1)
4:23
desk (1)
19:11
details (1)
54:7
det ermi ne (1)
46:21
Diaco (1)
56:16
di fference (5)
23:6,7,23;28:22;
42:11
di f f erent (8)
6:7;7:19;10:12;
14:13;21:11;55:9;
58:21;59:2
di f f erent l y (1)
58:11
di nner (9)
5:16;11:7;22:10;
24:25;25:4,9;26:4;
29:5,14
di recti ons (1)
33:25
di rect l y (1)
66:10
di screti onary (1)
21:8
discussion (2)
67:1,22
di sti ngui sh (1)
55:16
di verged (1)
30:15
di vi ders (1)
34:7
DL ( 3)
10:21;35:12;36:12
documented (1)
55:23
done (4)
2:23;6:20;13:17;
62:21
door (1)
42:4
down (7)
16:20;22:3;27:14;
32:6;41:5;60:6;
67:19
downl oad (1)
62:13
downt own (3)
31:4;33:23;38:16
d r a g ( l )
34:1
dr i nk (4)
8:23;16:20;41:1,
18
dr i nki ng (12)
10:4,8,13;14:2;
16:18;19:12;20:16,
24;22:1;41:10,20;
59:10
dri nks (4)
9:17;24:16,17;
32:25
dri ve (32)
10:9;16:22;19:13;
20:11,24;26:14,15;
27:7;28:18;29:2;
31:10;33:18;35:2,4,
8;36:3;37:3,13;
45:22;46:19,22;
47:21;48:3;49:11,13,
14,15,18;59:10,24;
60:17;67:16
dri ven (1)
36:6
dr i ver (10)
36:7,7;37:6,7,8;
38:17;40:11;54:20;
67:11;68:8
dri vers (4)
23:13,20;58:18,18
dri ver' s (10)
20:19;26:17,22;
27:2;40:13,20,23;
42:4;44:12;45:3
drives (4)
9:17,21;10:14,17
dr i vi ng (18)
14:3;18:25;20:18;
21:5;30:7,9,15;32:7,
15;37:15,20;38:15,
16;41:15;54:14;
60:14;67:13;68:2
drove (9)
16:19;30:8;34:21;
35:16,17,22;36:2;
60:8;68:7
dr ug ( I )
60:22
dr unk (13)
9:16,17; 16:22;
23:13,20;26:15;30:7;
47:1;58:18,18;59:21,
25;60:11
DUI (17)
2:25;3:3,5,18;4:1,
3,10,23;6:18,22;
44:22;46:22;55:7,11,
14,22;60:12
DUI s (2)
4:2;55:9
dul v (1)
2:4
Dur i ng (10)
7:13;8:8;12:14;
30:20;31:20;32:16;
50:11;51:1;53:22;
61:10
duties (1)
2:20
dut y (1)
7:4
E
earl i er (2)
14:17;52:7
earl y (3)
15:6;30:20;57:3
easier (1)
7:23
eat ( 4)
22:5,10;25:9,14
edge (1)
21:16
edi ted (1)
29:8
ei ther (7)
4:21;15:20;29:19;
36:9;44:24;50:25;
54:18
el evator (1)
8:9
else (13)
8:20;21:13;23:8;
30:17,21;33:17;36:6,
9;43:2,6;53:14;66:6;
68:12
emergency (1)
39:15
empl oyed (1)
2:12
end (3)
10:20;44:6;53:15
ended (2)
15:10;60:12
enforcement (9)
2:22;3:1,3,5,15,17,
17,18;8:6
enough (1)
63:17
episodes (1)
25:25
equi pment (1)
39:15
errat i c (1)
20:18
especially (1)
5:23
even (26)
6:1,4,19;7:4;
11:15;12:19,25;
16:15;19:15;23:16,
16;27:12;28:10;
29:12,24;31:25;36:9;
37:10;39:22;42:6;
43:5;48:10;59:2;
63:16;67:17;68:7
evening (5)
14:16,21;16:13;
53:13;64:12
eventual l y (1)
6:2
everybody (2)
24:18;41:2
exact (2)
9:12; 14:25
exactly (5)
24:8;38:3;39:10;
42:10;52:25
EXAMI NATI ON (3)
2:6;66:3;67:2
exami ned (1)
2:4
example (2)
14:1;59:8
except (2)
10:12;38:17
Excuse (1)
12:1
exi t (6)
19:19;25:18,23;
34:15,16;67:25
exits (2)
19:20,21
expect (1)
20:7
expecting (3)
40:11;53:3,4
experience (1)
3:2
explain (1)
58:15
eyeball (1)
34:12
eyes (2)
40:25;41:17
F
face (2)
18:24;37:17
faci ng (2)
37:22,23
fact (4)
29:11;32:8;42:9;
58:24
f ai r (7)
4:2,8;6:18;16:2;
28:20;36:17;53:22
families ( 1)
6:5
f ami l y (1)
5:2*4
f ar (4)
38:4;39:7,21;65:9
feel (4)
30:5;54:10;60:18,
22
feet (1)
40:16
Female (12)
36:7,7;37:6,7,8;
38:17;40:11;51:24;
52:2;67:11;68:8,10
females (2)
35:11,12
FERNANDEZ (3)
.Vim-I'--Script's
Kanabay Cour t Reporters - Servi ng the Tampa Bay Area (3) credible - F ERNANDEZ
Mar ch 5,2013
2:3,9,10 f ound (2) 40:19 25:24;33:3;50:19 10:9
F-E-R-N-A-N-D-E-Z (1) 45:20;48:1 government (1) head (3) i dent i f i ed (1)
2:11 f our (9) 7:16 27:12;29:1;35:13 46:15
few (2) 2:25;3:6,10;6:6, gray (7) headlights (1) i mpl y (1)
6:22;51:10 10;32:21;38:7; 35:8;36:4,18,25; 37:16 24:12
fi el d (1) 42:14;61:19 37:5;68:3,9 hear (3) i mpor t ant (3)
51:15 f rame (5) group (2) 8:22;12:16;27:21 9:13;63:12,17
fi gure (1) 18:5;31:13;50:11; 4:23;57:7 heard (4) i mpound (8)
40:2 51:1;53:22 guar d (1) 4:18;14:12;27:20, 44:22;45:2;46:2,4,
f i gur i ng (1) f requent l y (2) 40:11 22 5,17;48:5;50:3
27:15 32:22;55:10 guess (8) held (2) i mpounded (1)
f i l l ed (1) f r i end (2) 20:25;22:24; 67:1,22 54:18
42:18 5:9;6:1 23:22;37:22;52:18; help (1) i mpoundi ng (1)
Fi l t haut (23) f r i endl y (2) 56:21;67:4;68:10 62:23 45:8
5:2,3,4,5;6:16;8:5; 22:2;50:23 guessing (1) herei n (1) i mpressi on (2)
11:22;13:2;14:21; f ri ends (3) 16:10 2:4 10:3;22:11
22:11;26:2;32:19; 5:15;6:2,3 guy (40) Here' s (2) i mpr oper (3)
33:10;35:2;41:10; f r ont (12) 8:21;9:15;11:3,11, 7:6;54:25 39:20;40:21,22
50:13;51:24;52:22; 32:6;33:15;34:13; 21;12:7,10;13:1; Hey (26) i naudi bl e (1)
53:14;56:4;59:9; 35:16,18,22;36:3; 15:3;16:16;18:1; 8:9,21;9:14;10:1; 3:6
65:3,16 37:3;38:1;39:12,16, 19:11;20:2,17;21:4, 12:23;15:10,19; i nf or mat i on (40)
f i nd (5) 19 15,16,18;26:15;28:2, 16:17;18:8;26:8; 9:25;10:1,6;11:4;
10:25;11:4;23:10; f ul l (1) 14;29:2;31:1;41:10; 27:22,23;32:24,25; 13:21;16:13;19:25;
27:17;44:9 18:17 48:8;51:15;53:2,5,
11,11;55:6;56:12;
35:8;36:3,22;37:3; 20:8;22:19;23:7,23;
24:9,11,20;26:16;
fine (3)
48:8;51:15;53:2,5,
11,11;55:6;56:12;
44:9;45:17;46:3;
20:8;22:19;23:7,23;
24:9,11,20;26:16;
21:5;49:23;61:17 G 57:1,6,10;59:23;
60:4,5,8;67:12
48:3,19;49:5;50:17;
51:18
28:6,14;35:1;36:18,
24;37:7;41:9,23;
f i r m (3)
57:1,6,10;59:23;
60:4,5,8;67:12
48:3,19;49:5;50:17;
51:18
28:6,14;35:1;36:18,
24;37:7;41:9,23;
13:3;56:16;57:19 garage (2) guys (13) hi gh-prof i l e (1) 42:3,5;45:20;49:4;
f i r st (7) 19:17;67:25 4:11;14:17,17; 58:25 52:11;54:10,13;58:8,
2:4;5:2;6:16;15:9, gave (18) 15:1;17:10;21:4,19; hi msel f (1) 11;59:8;61:7;64:6,8,
12;16:13;47:19 7:11,13;9:18,24; 23:1;30:1;31:10; 47:17 22,25;65:10,23
five (7) 17:18,19,21;18:20, 34:23;54:21;57:17 hi story (1) i nf ract i on (2)
6:10;I5:5,6;17:10; 21,21;19:10;24:3,11; guy' s (12) 18:25 21:12,15
32:21;42:14;61:19 42:2,4;50:3;53:20; 8:10;18:9;21:5; hi t (2) i ni t i al (2)
f ol l ow (11) 61:6 28:10,18;50:18,22; 56:11,13 26:1;54:22
8:19;20:11;21:4,8, general (4) 51:18,19;59:9,19,20 Hol y (2) i ni t i al l y (3)
15:17,18;47:25
16,19,20;30:8;31:22; 8:17;10:6,7;51:10 56:15,25
i ni t i al l y (3)
15:17,18;47:25
45:13;59:12 gentl eman (3) H home (16) innocent (1)
f ol l owed (9) 16.14;44:1;48:16 9:17;10:9,17; 48:6
31:24,25;32:5,9, gets (2) hal f (7) 16:19,19,22;19:13; instance (2)
15;34:9;37:19; 9:16;48:16 2:15;9:12;18:6; 20:24;27:8;28:11,15, 59:17,22
49:19;67:7 gi r l (8) 28:24;53:13;61:16, 19;49:7,14,18;65:25 i nst ant (1)
f ol l owi ng (4) 44:9;47:7;52:5,6, 16 honest (4) 24:3
29:12;32:1,10; 22;53:3,6;65:11 handcuffs (2) 30:17;32:2;59:1,3 i nstantl y (2)
51:1 gi r l f r i end (2) 42:7;51:19 honestly (13) 40:9,12
f ol l ows (1) 49:15,19 handed (3) 15:23;22:9;25:5; i nt el ( 8)
2:5 gi rl s (3) 40:23;42:3;46:7 40:10;50:2;51:5,14; 8:11;19:10;20:16,
f or ced (1) 24:18;32:24;65:24 handl ed (1) 52:25;53:4;55:13; 23;21:2;41:20;
38:11 gi vi ng (4) 59:2 57:3,19;65:6 58:19;59:7
forces (2) 18:17;22:13; hang (3) hope (1) i ntent (1)
38:22;39:2 50:19;52:16 8:10,22;33:18 52:1 30:8
f or f ei t ur e (1) glassy (2) hangi ng (2) hour (1) i nt ent i onal l y (1)
54:16 40:25;41:17 23:1;32:4 53:14 55:2
f or get (3) God (2) happen (1) How' s (1) i nt erest (1)
15:9;25:5;49:14 21:10;28:17 45:9 61:17 65:19
f o r m (3) godfather (1) happened (7) huge (1) intersection (1)
24:12,19;26:7 6:12 25:4;30:18;47:14; 12:3 37:24
f or t h (1) goes (8) 51:9;55:7,25;62:24 hungr y (1) interstate (3)
5:17
f or war d (1)
9:16;19:23;25:14; happeni ng (1) 25:15 21:19;39:1,5 5:17
f or war d (1)
33:22;57:16,21,23, 36:21 i ntervi ewed (1)
66:19
f or war ded (2)
25 happens (2) I 13:19 66:19
f or war ded (2)
good (4) 30:23;34:25 i nto (10)
66:6,8 5:15;14:10;22:18; har d (3) i denti cal (1) 22:24;34:17,21;
Vltn-t -^t-tipr* Kanabay Cour t Reporters - Servi ng the Tampa Bay Area (4) F- E- R- N- A- N- D- E- Z - i nt o
State At t orney Investi gati on Raymond Fernandez
Mar ch 5,2013
49:18;54:21,22;58:5; knew (22) 47:4,21,22;48:4,17, 37:23 4:18;9:5;18:6
62:13;63:5;68:10 5:10,11;12:6,19; 18;49:6,U mai n (2) Mercedes (2)
i nvol ved (3) 15:2,6;20:23;24:5, l i fe (1) 3:18;34:1 32:8,14
12:20;13:3;25:2 22;26:14;35:11,21; 47:7 maj or i t y (1) message (9)
i rrel evant (1) 36:23;41:5;45:12; l i ght (1) 7:23 22:15;25:7;26:7;
46:23 46:4,18;52:4,6; 37:25 Mal i o' s (18) 29:19,21,22;35:18;
56:17,22;57:7 l i t t l e (8) 9:17;10:13;16:18; 36:3;54:19
J known (3) 2:25;5:7;12:11; 19:12;22:12,21; messages (5)
5:9,18;58:10 14:12;31:17;33:3; 26:14;27:18;28:18, 22:7;26:2;51:17;
j ai l (1) knows (2) 40:16;41:7 22;31:17;33:15,22; 62:17;64:12
50:21 6:16,19 l i ve (2) 34:3,4,13,17;41:11 messing (1)
January (6) kosher (1) 27:23;52:11 Man (2) 54:1
6:15;8:4;9:4,4; 49:23 l i ved (4) 22:15,18 met (1)
14:1,11 K- par k (1) 26:20;27:2,17,24 manager (2) 25:16
Jel l y (7) 33:23 lives (7) 58:21;59:20 mi d-bl ock (1)
62:5,11,12,22; 27:24,25,25;28:2, many (4) 39:24
63:1,6,65:1 L 3,4;29:2 7:11;21:10;61:13, mi ght (10)
j ob (3) l i vi ng (1) 22 8:22;12:14;26:17;
3:18;58:17,18 l ady ( l ) 28:7 mar gar i t a (1) 28:7;32:21;35:8,19;
Joe (6) 49:8 l ocati on (5) 16:21 55:20;64:18;68:2
15:3;19:10,21; lane (8) 25:17;26:5;33:6,7; mar ked (2) Mi k e ( l )
25:7;26:11;29:18 38:5,6,13,21;39:4, 37:21 67:13,16 9:25
j oke (2) 8,12,13 locations (4) mar r i ed (2) miles (1)
44:2;52:17 lanes (5) 30:14;34:9,11,12 5:14,17 31:10
j oked (1) 38:4,5,21,23,24 l ong (8) mat ch (1) mi nd (4)
24:21 l apt op (1) 2:14,18,23;5:8; 31:25 23:12;39:25;41:9;
j oki ng (5) 25:7 11:6;17:9;49:24; mat t er (1) 67:8
22:3,16,19;32:23; last (4) 50:2 58:23 mi ni mum (1)
51:16 16:19,24;25:14; l ook (10) may (5) 21:7
j ump (2) 36:8 4:2;18:1;36:19; 26:15;27:23;35:2, mi nute (2)
12:11;49:17 late (1) 48:3;49:5;60:5,6; 2,4 50:11;63:24
j umped (1) 15:6 63:9,21,21 maybe (14) minutes (8)
46:2 lately (1) l ooked (7)
11:15;14:25;25:6;
4:7;13:6;15:21;
21:25;27:13;35:10,
15:6,6;32:21,22;
42:15;49:25;50:4;
22:24
l ooked (7)
11:15;14:25;25:6;
4:7;13:6;15:21;
21:25;27:13;35:10,
15:6,6;32:21,22;
42:15;49:25;50:4;
K l ater (9) 29:19;32:14;56:11;
60:7
13,14;38:7;51:10;
55:8,63:11;64:9;
51:10
mi r r or (1)
11:3,8; 19:6,7;
29:19;32:14;56:11;
60:7
13,14;38:7;51:10;
55:8,63:11;64:9;
51:10
mi r r or (1)
keep (2) 27:17,21;50:1;53:13, l ooki ng (6) 68:11 29:20
54:11;63:12 14 20:1 ;35:9,9,15,22; McGi nni s (29) mission (1)
Kennedy (3) l aw (6) 42:16 14:18;29:12,14,19; 30:11
27:14;32:6;34:4 5:10,11;8:5;13:3; looks (2) 33:14;35:7;36:3,9, MJ (1)
k i d ( l ) 56:16;57:19 40:1;42:21 19;37:5,11;41:5,25; 12:13
22:21 lead (1) l oop (1) 42:1,2,7,13,19; Mm- hmm (12)
ki ddi ng (3) 24:19 21:23 44:16;45:15;46:1,3; 7:21;21:6;22:17,
52:14;57:24;58:4 least (2) l ot (8) 50:3,12,15;51:11; 23;25:11;36:1;
ki ds (3) 34:15;42:17 8:23;10:15;25:21; 54:19;67:17;68:7 37:18;39:3,6,9;56:3;
5:20;23:15;62:23 leave (5) 32:18;46:25;54:1,21; mean (47) 61:8
ki l l i ng (2) 29:18;44:19;46:4; 58:10 4:3;5:25;6:7;8:9; moment (1)
30:22;32:11 47:2;55:2 lots (1) 11:5,12,22;12:3,12; 30:12
k i n d (50) leaves (1) 31:11 14:25;17:4;20:7,10, mom' s (3)
4:1;6:18;9:13,21; 26:8 LOUGHERY (10) 12,17;22:5,5;24:13, 48:4,5;49:6
10:23;12:11;15:13; leaving (13) 2:7;3:12;36:16; 19,21;29:10;30:13, month (6)
21:7;22:6;25:1,1,12, 8:21;32:25;33:5,9, 60:23;61:3;65:13; 18;31:24,25;32:21; 4:6;8:14;9:11,11;
25;26:11;27:15;29:4, 10,11;35:19,21,21; 66:25;67:3,23;68:12 33:16,16;38:18; 18:6,6
6,25;30:5,19;32:2, 36:22,23;44:7;59:21 l yi ng (1) 44:16;45:2;47:8; more (15)
11;33:8,22;35:9,24; l ed (3) 41:18 50:23;53:10,16;54:5, 8:16;21:20;22:1,7;
36:21;37:23;40:10, 9:2,3;28:10 Lyon (2) 13;55:8,13;58:4,10, 24:16;25:2;30:22;
10,15,16,22;47:13; l eft (5) 9:25;10:19 16;59:8;61:12,16; 34:12;39:5;51.10,12,
48:5;50:5,12,19,23; 19:24;25:4,6; 63:20;68:10 16,17;60:23;61:4
51:11,16,20;52:20;
53:4,14,21;54:8;
32:15;50:3
license (19)
M medi a (1)
56:1
morni ng ( 2) 51:11,16,20;52:20;
53:4,14,21;54:8;
32:15;50:3
license (19)
medi a (1)
56:1
57:4,4
55:12;60:18;64:10 20:19;26:17,22; ma' am (1) ment i on (2) most (6)
k i nds (1) 27:2;40:14,20,23; 2:2 54:6;55:11 4:4;6:25;7:22;
11:4 42:4;45:21,22;46:22; Madi son (1) menti oned (3) 22:9;58:14;60:20
Vli u-l.-Hfri p?*' Kanabay Cour t Reporters - Servi ng the Tampa Bay Area
(5) i nvol ved - most
State At t or ney Investi gati on
Raymond Fernandez
Mar c h 5,2013
motorcycl e (2)
59:24,25
Mot r oni (2)
48:22;53:8
mout h (1)
5:23
move (1)
23:1
moved (2)
31:16;33:7
much (9)
5:21;9:14;13:20;
21:13;41:1;43:17;
44:6;51:21;59:18
mud (1)
60:22
mul t i pl e (2)
7:18;11:10
must (2)
48:12;57:18
N
name (17)
2:8;9:18;10:14;
12:16,16;16:4;17:18;
18:9,17;47:8,8;
48:20;53:6,6;55:3;
66:22,23
named (3)
12:6;19:11;20:2
names (1)
55:23
name' s (1)
59:19
nat ur e (1)
43: 11
necessari l y (1)
53:24
need (3)
31:2;44:9;45:17
needed (1)
46: 16
needs (1)
64:24
new (1)
62:8
news (5)
44:3,5;56:11,12,13
next (13)
19:18;21:24;
28:12;34:25;37:9,11;
39:24;40:3;56:6;
62:17;63:25;64:16,
18
ni ght (15)
10:4;11:9,16;12:9;
16:18; 17:15,20,21;
23:2;27:6;28:5;
3O:20;31:10;34:18;
66: 2
ni ght s (1)
31: 5
ni ght t i me (3)
3:17,19;4:2
Nissan (17)
35:3,8,10,19;36:4,
4,18,25;37:5;43:3;
51:2;67:4,7,24;68:3,
7,9
nor mal (1)
20:6
normal l y (3)
54:12,17;60:16
nor t h (2)
33:20,22
nor t hbound (5)
25:21;37:12,19;
38:1,10
nother (1)
32:24
notice (1)
66:5
number (12)
6:24;7:20,24,24;
8:2,2,3;53:21,21,22,
22;67:5
numbers (1)
7:25
o
observe (2)
20:11;31:7
obvi ousl y (13)
4:4;5:10,14,15;
9:22;12:12;14:13;
42:24;43:8;44:13;
45:18;48:12;56:14
occurred (2)
48:12;50:13
occurri ng (1)
48:11
odor (1)
40:24
of f (14)
5:2;6:16;16:7;
21:5,22;27:2;29:5;
30:15;40:11;45:16;
46:2;66:25;67:1,22
offi ce (4)
6:21;11:23;19:4,9
offi cer (24)
3:5;4:8;9:25;
10:19;14:18;20:7,21;
21:22;26:5;29:4,11;
31:7,8;36:2;37:11;
41:5;42:2;46:1,3;
50:3,14;54:14,19;
55:14
officers (6)
3:22,23;4:1,22;
21:8;31:5
ol d (1)
63:2
once (4)
39:23;40:9;45:15;
48:15
one (28)
4:10;5:20;6:13;
7:8,9,11,12,24;8:1;
12:23;15:23;17:10;
22:15;23:18;26:12;
30:19;32:5;33:20,21;
39:2,5;42:18;44:22,
24;46:5;61:1;67:8,18
onl i ne (1)
63:5
onl y (6)
3:14;33:16,17;
34:8;44:10;67:12
onto (3)
19:20,21;39:1
operati ng (1)
62:8
opport uni t y (1)
12:14
opposed (4)
8:23;10:6;24:16;
67:25
orderi ng (1)
24:17
others ( I )
30:13
out (62)
5:16;6:4,4;8:10,
22;9:23,25;10:1;
l l : 5; 15: l ; 16: 18;
17:10;20:9,11,21;
21:23,23;23:1;25:12,
13,20,21 ;26:11,14;
27:12,15,17;32:2,4;
33:16,18,18;36:10;
37:10,12,12,16;40:2,
9,12,15;41:25;42:1,
6,18;43:2,2,6;45:3,
21;46:3;48:1,16;
54:11;55:3,17;59:3,
19,23;60:7;62:11;
67:24
outside (5)
6:1;31:14,20;
32:17;33:6
over (11)
2:25;19:23;21:13;
33:18;36:19;41:6;
43:19;44:20;50:12;
51:9,11
own (8)
7:8,13,24;23:12;
27:12;28:16;29:1;
35:13
owner (4)
48:6;54:8;58:21;
59:18
owners (1)
58:20
P
pai nt (1)
13:7
pai nt bal l (2)
54:2;56:23
Pal i fax (1)
27:5
Pal mi r a (1)
27:5
paper wor k (2)
25:13;29:6
paraded (1)
15:1
par k (2)
33:23,24
par ked (6)
31:13;33:13,17;
34:9,11;68:3
par ki ng (6)
10:15;19:17;
25:21;31:11;32:18;
67:25
p a r t ( l )
4:4
par t i cul ar (2)
2:20;14:4
par t y (1)
36:14
passenger (2)
44:13;49:18
passengers (2)
45:6;55:17
passenger's (1)
47:1
pat r ol (1)
31:6
pat t ern (5)
20:18;30:9;32:8,
15;60:15
pay (1)
7:8
payi ng (1)
12:13
PD(2)
3:14;7:7
PD' s (1)
6:21
peel (1)
21:5
people (12)
7:25;8:10,22;
23:17;35:23;48:21;
55:14,20,21,23;
60:16;68:6
percent (3)
4:12,13,15
perhaps (1)
66:6
peri od (2)
21:24;61:11
person (5)
4:10;12:17;24:5;
48:20:55:16
personal (5)
6:23;7:3,8,9;58:20
personal l y (3)
21:20;25:2;31:10
pert i nent (1)
34:25
Phi l (7)
9:6;12:7;14:2;
16:4,13 ;18:6;30:6
Phi l l i p (15)
9:19;10:24;11:1,2,
5,9,10;17:15,19,25;
18:3,10,21,23;20:2
phone (32)
6:24;7:3,8,12,12,
13;8:5;14:25;17:2,3,
7,9,21;18:5,16;22:9;
47:12,16;53:20;
56:10;59:19;61:6;
62:2,3,6,12;63:9,14,
21;64:2;66:17,23
pi ck (2)
45:7,49:20
pi cked (2)
53:2,5
pi cki ng (1)
45:7
pi ct ure (2)
21:23;48:19
pissed (1)
56:8
pl aces(2)
6:7;33:17
pl an (1)
7:16
pl anted (1)
40:1
pl ayed (3)
13:7,11;56:23
pl ayi ng (1)
54:2
pl ug (2)
62:13;63:5
poi nt ( 31)
7:11,12;9:24;
11:11;16:8,10;19:2,
3,5;20:21;22:9,15;
25:1;26:7,24;27:1;
29:3;33:20,21;38:6,
19;43:9,21;44:8;
51:21;53:15;57:3,18;
58:7;60:25;68:11
Police (8)
2:13,21;3:25;7:16;
54:6,10;55:3,10
pol i ti cal l y (1)
59:4
pops (1)
66:23
posi ti on (1)
31:6
Mi H-l.:-Scnpf& Kanabay Cour t Reporters - Servi ng the Tampa Bay Area (6) mot orcycl e - posi t i on
Mar ch 5, 2013
possi bi l i ty (2) pul l s (2) 7:14;28:16 ri de (1) saw (15)
28:6,14 33:16;48:15 received (5) 47:13 18:2;20:10;27:2;
possible (2) purpose (1) 8:4;9:5,8; 14:20; ri de-al ong (1) 29:20;35:12,23;41:8;
36:24;61:12 30:6 28:13 6:20 43:8;47:8;56:11,14;
pot ent i al (1) put (14) recei vi ng (1) r i ght (88) 68:5,6,9,10
8:6 5:22;13:14;22:9; 26:3 2:12;4:13,20,25; saying (8)
pot ent i al l y (1) 23:25;33:3;42:7; recent ( 1) 6:14;8:13,16;9:1,6; 8:19,23; 15:18;
14:3 43:24;54:12,15,17, 36:18 11:1,14;14:8,11,14, 16:7;18:13;52:19;
prep (1) 18,21;55:14,20 recognize (2) 16,21;15:4;16:11; 54:4;59:12
56:24 put t i ng (2) 47:6;48:23 17:8;18:4,15,24; scared (1)
pr eppi ng( l ) 50:22;51:19 recognized (1)
40:13
20:15;21:2,22,24; 29:21
13:13
recognized (1)
40:13
23:21 ;24:4,25;28:17; scenario (3)
preserved (1)
63:10
Q
record (3)
66:25;67:1,22
29:3,23;31:9,12; 47:14;55:1;60:15 preserved (1)
63:10
record (3)
66:25;67:1,22
32:6;33:12,23;34:4, scenarios (1)
press (1) qui ck (2) records (2) 24;37:1,4,24;38:12, 59:7
12:12 42:13;50:7 15:1;53:20
rect i f y (1)
21,22,23;39:2,4,12,
18,23;41:4,19,21;
scene (1)
pr et t y (10)
15:1;53:20
rect i f y (1)
21,22,23;39:2,4,12,
18,23;41:4,19,21;
45:10
5:21;9:14;18:8;
21:13;32:20;36:15;
R 17:16
reference (1)
42:3,13;43:18,20,22;
45:5;46:6,14,17,20,
Schni tt (1) 5:21;9:14;18:8;
21:13;32:20;36:15;
17:16
reference (1)
42:3,13;43:18,20,22;
45:5;46:6,14,17,20,
57:7
42:13;43:17;44:6; rami f i cat i ons (1) 8:5 24;47:11,18,24; school (2)
56:8 59:4 registered (1) 48:11;49:23;50:8,24; 5:10,11
prevent i ve (1) r an (9) 54:7 51:7,22;52:4;53:18; second (2)
59:15 11:3;18:2,2,22; regul arl y (1) 54:23;58:6,22;59:21; 10:2;44:10
previ ous (2) 35:12;45:20;46:1; 18:8 60:1,13,21;62:20; seeing (2)
41:9;64:3 48:16,18 rel at i ng (1) 63:13,20;64:24; 18:22;30:22
previ ousl y (1) r ank (1) 17:4 68:12 seized (1)
9:6 2:16 rel ati onshi p (2) ri ght - hand (3) 54:16
pr i mar i l y (1) rarel y (1) 5:23,25 38:5;39:7;40:5 sel f-i ni ti ated (1)
53:23 44:22 released (2) RNC (1) 4:14
pr i or (12) Ray (4) 54:20;55:12 7:13 send (4)
3:3;6:14;8:4,14; 58:3;59:19;60:4,6 rel evant (1) road (1) 17:10;21:22;29:5;
9: 4; 12: 15; 17: t l ; RAYMOND (2) 55:6 33:22 61:24
36:9;39:24;48:10; 2:3,9 relocate (1) rol l ed (1) sending (1)
52:3;58:8 read (2) 33:19 60:6 51:17
pr i soner (1) 12:16;55:10 remember (19) r ound (2) sent (21)
44:17 r eal ( 7) 9:12,15;17:25; 24:17;32:24 9:25;10:19;20:21;
pr obabl y (10) 32:2;37:15,20; 18:22;19:15;22:8,15; rul ed (1) 22:14;25:7;29:19,21,
4:6;5:18;9:11; 38:4,9;59:1,3 32:13,13;38:3;48:20; 21:10 21;35:6,6,7;36:2,6;
17:25;19:12;21:20; real i zed (2) 50:15;51:14,14,25; r un (7) 53:6;54:19,20;61:22;
28:11,23,25;59:2 46:16;50:10 52:2,25;53:7;56:10 2:22,25;3:19;11:9; 66:5,7,16,17
pr obl em (2) real l y (33) report (5) 19:4;20:18;40:13 Sergeant(8)
10:24;11:2 9:13;22:14;23:4, 54:6,10,22,22;55:3 r unni ng (3) 2:17,18,20;3:3,14,
procedure (1) 11,23;25:10;33:17; REPORTER (1) 10:21;46:16;64:10 19;6:17;68:13
20:6 34:18,18,23 ;35:23; 3:8 runs (1) Series (2)
procedures (1) 38:15,18,18;51:21; report s (6)
29:9;31:21;42:16,
58:21 20:4,11
44:11 53:16,19;54:7,12,15,
report s (6)
29:9;31:21;42:16,
set (1)
prof essi onal (1)
8:7
17;55:6;56:17;57:6; 24;55:10,22
representi ng (2)
S 42:5 prof essi onal (1)
8:7
58:4,8,19,23;59:25;
24;55:10,22
representi ng (2)
seven (2)
pr ogr ammed (1) 60:11;64:8;66:20; 13:3,4 safety (1) 3:5;61:20
66:22 67:9 responded (1) 33:21 several (2)
prosecut ed (1) reamed (1) 53:10 same (12) 31:24;34:9
55:9 58:5 response (1) 9:14;10:9;11:7; sheet (5)
pr ovi de (2) rear (1) 35:18 12:17;17:11;28:21; 46:2,4,7,17;50:4
7:7;19:25 29:20 responsi bi l i ty (1) 37:11;46:13;48:7; shi r t ( 1)
pul l (3) reason (4) 44:15 56:18,20;60:15 22:9
11:18;17:14;21:13 30:9;46:21;47:5; r est ( 2) Sarge (1) shortly (2)
pul l ed (11) 54:11 4:7;14:18 11:4 16:2,3
25:17;26:18;27:1; reasonable (1) resul t (1) sat (10) show (3)
29:4,11,18;37:10,12, 20:13 15:20 6:21;11:5,6;29:8, 41:25;42:1;66:17
16;46:13;51:9 recal l (7) ret ai n (2) 25;30:4;33:21;4l:4; showed (1)
pul l i ng (4) 17:2,3,7;18:11,13; 61:25;64:5 42:9;59:22 48:8
32:2;36:10;37:12; 42:6;51:25 retai ned (1) Sat urday (1) sic (1)
46: 2 receive (2) 64:23 13:10 45:21
,Vliit-|>*>criptA? Kanabay Cour t Reporters - Serving the Tampa Bay Area
(7) possi bi l i t y - sic
State At t orney Investi gati on Raymond Fernandez
Mar c h 5, 2013
side (9) sor t ( 2) 12,15;50:10;55:11 38:4 61:11
14:5;39:16,16; 4:9; 14:20 stopped (11) swor n (2) t i l l (1)
40:5,6,7;57:20,21,22 sound ( I ) 4:14;11:12;12:9; 2:1,4 43:12
silhouettes (1) 61:12 25:9;31:6;39:19,24; system (1) t i me (49)
34:22
si l ver (2)
sounds (1)
43:1
40:9;50:18;51:18;
60:14
62:8 7:5,19;8:11;9:16, 34:22
si l ver (2)
sounds (1)
43:1
40:9;50:18;51:18;
60:14
18;14:3,9,25;15:3,
35:3;36:4
si l ver-gray (1)
south (9)
25:19,22;27:2,8,
st rai ght (4)
39:1,4,12;66:14
T 24,24; 16:3,19,24; 35:3;36:4
si l ver-gray (1)
south (9)
25:19,22;27:2,8,
st rai ght (4)
39:1,4,12;66:14
17:12,13,18; 18:5;
35:3 25;28:2,3;40:6,7 street (3) t ag (4) 20:3;21:5,7,24;22:7,
sit (11) specialty (1) 16:20;27:3;45:1 32:14;48:16,18; 9,10;26:4;27:1;30:6,
16:24;19:23;20:9; 32:14 streets(1) 67:5 22;31:13,20;32:11,
25:13;29:6;30:1,19; specific (8) 34:1 t al k (11) 16,17;33:4;37:22;
31:11,11;33:15; 3:2;8:11;9:2,3; st ri ke (1) 6:14;9:1;14:2,11; 42:11,20,21;44:23;
41:24 10:6,7,8;32:23 22:22 15:13,24;33:5;43:10; 46:13;48:7;50:11,20;
si t t i ng (9) specifically (1) st uf f (23) 47:20;49:2;50:14 51:1;53:22;57:5;
19:3,9,10;29:20; 9:6 10:23;13:14,20,22; t al ked (6) 63:20;67:15
32:17;37:25;42:3; speculation (1) 22:2;23:16;24:21; 6:20;23:15;29:5; times (7)
65:10,68:5 28:17 25:1,14;31:21;32:12; 53:12,16;54:2 7:11,18;38:7,7;
si tuated (2) spel l i ng (1) 34:7;41:11;46:1; t al ki ng (9) 46:25;54:2l ;61:22
25:22,22 2:10 51:9;52:8;53:21; 8:20,20;12:15; Ti mewi se (1)
si t uat i on (4) squad (3) 54:1;61:6;62:13,16; 22:8;31:13;32:16; 49:24
25:2;44:16;56:5; 6:18;67:18,18 63:4,12 51:5;61:14;67:8 today (1)
60:18 stakeout (2) st uf f s (1) Tampa (13) 12:24
si tuati ons (1) 30:19,25 43:16 2:13,21;3:14,25; together (2)
21:1 stand (1) st umbl ed (1) 7:7;27:2,8,25;28:2,4; 5:21;13:14
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State At t or ney I nvest i gat i on Raymond Fernandez
Mar ch 5, 2013
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Kanabay Cour t Reporters - Servi ng the Tampa Bay Area
(9) t r i al s - zone
In The Matter Of:
State Attorney Investigation
Raymond Fernandez
March 5, 2013
Kanabay Court Reporters
556 First Avenue North
St. Petersburg, FL 33701
Serving West Central Florida
Offices at Tampa Airport, Feather Sound Area, Downtown
St. Petersburg
Original File SAO Invest_In Re Campbell_03-05-13_Raymond Fernandez.txt
V?in~l ~M'ripv "-rni 'A, mci< \
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IN THE CIRCUIT COURT FOR PINELLAS COUNTY, FLORIDA
I H RE:
STATEMENT OF:
DATE:
PLACE:
REPORTED BY:
APPEARANCES:
RAYMOND FERNANDEZ.
March 5, 2013 , 11:06 a.m.
Do nna M. Kanab ay RMS, CRR, FPR,
S t a t e o F l o r i d a a t l a r g e .
ALSO PRESENT:
I n v e s t i g a t o r R i c k H a r t
Raymond Fernandez
Mar ch 5, 2013
Page 3 j
1 unit, traffic enforcement.
2 Q Okay. And did you have any experience specific
3 with DUI enforcement prior to becoming a sergeant?
4 A Yeah. I have about a total of 15 years, actually,
5 on DUI enforcement. I was an officer for seven, and then I
6 was the corporal, I did that for three or four (inaudible).
7 Q Okay.
8 THE REPORTER: Wait, wait, wait.
9 "I was a corporal for ..."
10 A For three or four, that I was there. It's been a
11 total of 15 years, total.
12 BY MR. LOUGHERY:
13 Q And it's my understanding correct me if I'm
14 wrong that you're the only sergeant in Tampa PD for
i s traffic enforcement.
16 A Not for - I shouldn't say just traffic
17 enforcement. I do nighttime traffic enforcement, which our
18 main job is DUI enforcement. There's a daytime traffic
19 sergeant. I run all nighttime activities.
2 0 Q Got you.
2 1 Okay. And I think you said the other day you
2 2 have, like, 14 officers that are under you?
2 3 A I have 12 officers and two corporals, so a total
24 of 14.
25 Q Okay. And so I'm confident other Tampa police
Page 2
1 (The witness was sworn.)
2 THE WITNESS: Yes, ma'am.
3 RAYMOND FERNANDEZ,
4 the witness herein, being first duly sworn, was examined
5 and testified as follows:
6 EXAMINATION
7 BY MR. LOUGHERY:
8 Q Would you state your name?
9 A Raymond Fernandez.
10 Q And common spelling for Fernandez?
11 A Yes. F-E-R-N-A-N-D-E-Z.
12 Q All right. And how are you employed?
13 A City of Tampa Police Department.
14 Q How long?
15 A I've been there 18 and a half years.
16 Q What's your rank?
17 A Sergeant.
18 Q How long have you been a sergeant?
19 A It's been six years.
2 0 Q Okay. Any particular duties as sergeant with the
2 1 Tampa Police Department?
2 2 A I run our traffic enforcement unit.
23 Q Okay. How long have you done that?
24 A I've been - well, I've been - let's see. I
2 5 think it's been a little over four years I've run the DUI
Page 4
officers can make DUI arrests, but your, kind of, agenda is
to look for DUIs at nighttime, is that fair to say?
A Yeah. On average. I mean, we do all the DUI, for
the most part, within the city. Anybody, obviously, can do
anything. So when you take other crimes also, we do on
average, like I said, about 200 a month, and probably the
rest of the city maybe does 10 or 15.
Q Okay. And is it fair to say if another officer
not in your unit had made some sort of traffic stop and
would believe the person to be DUI, he would call one of
your guys in?
A Yeah. On average we do about 57 percent of them
as of right now, for this year. 57 percent of them are
self-initiated, where we stopped them. So the other
43 percent -
Okay.
-- when we were called.
18 Q I know that you mentioned I heard the term "600
19 unit"? Is that what you're called?
20 A Yeah. We're all 600. Right. I'm 605, and then
21 all my units are either 670s or 680s.
22 Q And that would - to other officers, that would
23 designate you as the DUI group.
24 A That is correct.
25 Q All right. Thank you.
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(1) Page 1 - Page 4
State Attorney Investigation Raymond Fernandez
Mar ch 5,2013
Page 5
Page 7
1 Okay. How to get started here. l Q And he has yours.
2 First off, let me ask you about Adam Filthaut. 2 A Yes.
3 A Filthaut. 3 Q Okay. And your personal cell phone, 1 assume, is
4 Q Filthaut. 4 something you carry with you even when you're on duty?
5 Okay. Do you know Adam Filthaut? 5 A 1 carry it all the time, yeah.
6 A Very well. 6 Q Here's my question:
7 Q Just give us a little brief background how you 7 1 don't know does Tampa PD provide you with a
8 know him, how long. 8 cell phone or do they just pay for your own personal one or
9 A Well, my wife's best friend, who she's known for 9 do you just have a personal one?
10 35 years, went away to law school. So we obviously, knew 10 A 1 wish 1 could tell you. They've changed that so
11 her, or 1 knew her before she went away to law school. 11 many times through my career. At one point they gave us a :
12 She came back with Adam. 12 phone. At one point they - we didn't have a phone. We
13 Q Okay. 13 used our own. During the RNC, they gave us a phone, but we j
14 A They got married. So obviously, with my wife 14 couldn't do anything with it other than receive texts. Then
15 being good friends with her, obviously we had an actual 15 the other day they told us they were taking those back, and
16 thing where we started going out to dinner and vacations and 16 then we could go to the government plan under the police
17 so forth. So let's see. I've been married 16 years, and 17 department.
18 I've probably known him 14. 18 So it's - it's changed multiple times. And
19 Q Okay. 19 because every time they change it, they give us a different
20 A Just one of those, you go on vacation, kids know 20 number -
21 each other. You just do everything together, pretty much. 21 Q Mm-hmm.
22 Q Okay. And again, I don't want to put words in 22 A - so I've decided that ~ through my - most of
23 your mouth, but you have a close relationship, especially 23 my majority of my career, it's always easier just to have my
24 through your family. 24 own number, so 1 have one number, because 1 always have
25 A Close relationship via my wife. I mean, but I 25 people calling me, and 1 didn't want to change numbers.
Page 6 Page 8
1 consider him a friend even outside of - if my wife hadn't 1 Q Okay. So then you've had, basically, that one
2 been friends with her, eventually we would have stayed 2 number for a number of years, is that correct?
3 we'd stay friends anyways. 3 A For a number years.
4 Q So you said even go on, like, out of state or out 4 Q Now, prior to January 23rd, had you ever received
5 of area vacations, the families do. 5 any phone calls from Mr. Filthaut in reference to law
6 A Yeah. Well, it would be us four. We've gone on 6 enforcement or a call about a crime or a potential crime,
7 vacations to Colorado. I mean, we've been different places. 7 where you were being called in your professional capacity?
8 Q Does he have children? 8 A Yeah. He's called me. Like 1 said during on
9 A He has a small son who's -- Aiden, I think, is 9 the elevator. 1 mean, he's called me, you know, "Hey, this
10 four or five. 10 guy's this," or, "1 know people hang out here." You know,
11 Q And do you have children as well? 11 it's never been specific intel, like 1 got this time, like,
12 A I have two children, and he is the godfather of 12 you know, updating me.
13 one of my children. 13 Q Right.
14 Q All right. Let's talk about prior to 14 A And so - other than the month prior when 1 got
15 January 23rd. 15 the call about Mr. Campbell.
16 First off, I assume that Mr. Filthaut knows what 16 Q All right. So it would just be more -
17 you do and your affiliation with being a sergeant and what 17 A Very general.
18 I'm going to kind of call DUI squad. Is that fair to say? 18 Q Okay. And would would it be collateral to the
19 A Yeah. He very well knows what I do. He's even 19 communication you're having? You follow what I'm saying?
20 talked about doing a ride-along, which he's never done. 20 You're talking about something else and you're talking about
21 Actually, when he worked for the PD's office, he sat in on a 21 how, "Hey, yeah, 1 arrested some guy leaving some bar." He
22 few of my DUI trials. 22 might say, "Yeah, 1 hear people hang out in that bar and
23 Q Okay. And I assume you have his personal cell 23 drink a lot," as opposed to calling you up and saying, "Let
24 phone number. 24 me tell you about this bar"?
25 A Most definitely. 25 A Yeah. It would be collateral.
Min-C.'-SrripK Kanabay Court Reporters - Serving the Tampa Bay Area
(2) Page 5 - Page 8
Mar ch 5,2013
Page 9
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1 Q Okay. All right. So let's talk about - so i fs l Q He's also C. Phillip Campbell, is that right?
2 never, 1 suppose, ever led to a specific arrest. 2 A Yeah. Charles Phillip Campbell. So the probl em
3 A No. It has never led to a specific arrest. 3 is, when my guy got me later, he said, "I ran his
4 Q On January - no. Prior to January 23rd, you just 4 information all kinds of ways, Sarge. I can't find a
5 mentioned that you had received some communication from him 5 Phillip Campbell." I mean, 'cause he sat out there.
6 previously specifically about Phil Campbell, is that right? 6 And I couldnt tell you how long he sat there
7 A That is correct. 7 'cause I did the same thing. I went to dinner and I went
8 Q Can you tell us about that. How you received the 8 and had coffee. And so when he got with me later - and I
9 communication; when do you think approximately it was; and 9 want to say I tried to run Phillip Campbell that night too
10 what it was about? 10 multiple ways and didnt come back with a Phillip Campbell.
11 A Like 1 said, it was probably about a month, month 11 So at that point my guy didn't stop anybody,
12 and a half before. 1 don't remember the exact date, 'cause 12 didn't get anything. I mean, I know he stopped cars, but
13 it really was not important to me. And it was kind of the 13 didn't get anything.
14 same thing. He told me, "Hey - " this was pretty much what 14 Q Right.
15 1 remember. "There's this guy that works in my building. 15 And so you didn't even know what he looked like
16 He's an attorney. He gets drunk all the time. He goes to 16 that night.
17 Malio's and drinks it up and then he drives home drunk." He 17 A No.
18 gave us the name at the time of, 1 want to say it was 18 Q Because you weren't able to pull him up.
19 Phillip Campbell. 19 A No.
20 Q Okay. 20 Q Okay. Now, did you know who he was?
21 A And he said what kind of car he drives and, 21 A I had no clue who this guy was.
22 obviously, what building. 'Cause 1 know what building my 22 Q I mean, did Filthaut tell you that it was an
23 buddy works out of. 23 attorney that works in his office?
24 And at that point, when he gave me that 24 A It was an attorney that works in his building, is
25 information 1 actually sent an officer, Mike Lyon, out. 1 25 what he told me.
Page 10 Page 12
1 said, "Hey, this is the information I got," and he went out. 1 Q Excuse me. In his building. Okay.
2 Q Let me stop you for a second. 2 A The building.
3 Did you have the impression that Campbell was 3 So I had no - I mean, it's huge. It's the Bank
4 drinking that night, and it was - 4 of America building.
5 A Yes. 5 Q Yeah.
6 Q As opposed to general information? Specific - 6 So you knew it was an attorney supposedly named
7 A No. This was specific. This wasn't general. 7 Phil Campbell, but besides that, you didn't know who the guy
8 This was very specific. He was there now, he was drinking, 8 was.
9 and he was going to drive home. It was the same identical 9 A I had no - I've never - to the night I stopped
10 circumstances ~ 10 that guy, I had no clue who he was.
11 Q Okay. 11 Q And just to kind of jump ahead a little bit, I
12 A - except a different day. 12 mean, obviously there's been press coverage of the Bubba and
13 Q Okay. But so it was, he's at Malio's drinking; he 13 MJ trial. And whether you were paying attention or not, you
14 drives this car; this is his name; he's in the Bank of 14 know, there might have been an opportunity during that -
15 America parking lot - 15 I'm talking about prior to the 23rd - to have seen him and
16 A Yes. 16 say, "Oh," or see or hear the name or read the name and
17 Q ~ and he drives home. 17 think that was the same person.
18 A Yes. 18 Did you ever make that connection?
19 Q Okay. So you sent Officer Lyon. 19 A I can tell you that I never whatsoever even knew
20 Did you do any background work at your end, you 20 who was involved in this case.
21 know, about running his DL or 21 Q Okay.
22 A Yes. 22 A Actually, my buddy had - when I was coming to
23 Q - doing that kind of stuff. 23 court one day, Adam called me, "Hey, I'm going to be in the
24 A We did. The problem was, we had "Phillip 24 courthouse today. Why don't you come and see me?" He told
25 Campbell," so we couldn't find him. 25 me he was up here. I didn't even come by. So I had no clue
(3) Page9-Page 12
State Attorney Investigation Raymon d Fernandez
Mar ch 5,2013
Page 13 Page 15
1 who this guy was whatsoever. l records when I paraded them out for you guys, and I think it
2 Q And do you know whether or not Mr. Filthaut was 2 was like 7, something, 7:08 or something. But I knew it was
3 involved in the was representing, or his law firm was 3 after 7 at the time because my guy Joe Susteck was there.
4 representing Bubba in some big trial? 4 Q Right. |
5 A This is the statement he made to me. 'Cause I 5 A And they usually - sometimes they arrive five j
6 want to say it was the weekend before or maybe two weeks 6 minutes early, sometimes five minutes late. So I knew it j
7 before. We had gone and played paint ball, me and him and 7 was then.
S my son. 8 So he actually contacted me. j
9 And he says, "Oh, I'm going to be busy this week," 9 And I forget if it was - the first contact was,
10 or, "I've got to work tomorrow." It was a Saturday, I 10 "Hey, are you working tonight?" But I know I ended up
11 think, we played. "And I'll be busy tomorrow." I said, 11 calling him and then he called me back, or vice-versa.
12 "Sunday? What are you doing, working on Sunday?" 12 Q Okay. So the first - and I want to make sure we
13 He says, "Well, I'm prepping. I've got a bunch of 13 kind of, if we can, try to talk about whether it's a text or
14 stuff I've got to put together." 14 a call. 'Cause I know you said there was both, okay?
15 I said, "What are you doing?" 15 A There was both. j
16 He says, "Oh, there's this trial starting this 16 Q And so I just want to - !
17 week with Bubba, and I've done some work." 17 So you think he called you initially.
18 I said, "Oh, you going to be on TV?" 18 A No. I think it was initially a text, saying, j
19 He said, "No, no, no. 1 just interviewed some 19 "Hey, are you working tonight?" j
20 witnesses. There was so much stuff going on, 1 just did 20 Q Okay. And then you think as a result either you j
21 some background information and did some witness statements 2 1 called him or maybe he called you or you texted him back and j
22 and been typing stuff up. So you're not going to see me on 22 he called you or -
23 TV." 23 A It was one of those - and honestly, it was no big
24 Q Okay. 24 deal at the time, because we talk all the time anyways. So
25 A And that was it. 25 for him to text me and say, "Are you working tonight," I
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1 Q So for example, on January 23rd, when he actually 1 wouldn't think anything of it.
2 called again to talk about Phil Campbell drinking and 2 Q But is it fair to say that shortly around that
3 potentially driving, you didn't know at that time that 3 7:00 time or shortly thereafter is when you would have had
4 Campbell was in a particular trial or he would have been in 4 communication with him in which Phil Campbell's name came
5 a trial, which your buddy was on the other side. 5 up.
6 A I had to clue. And if I would have, I'd have been 6 A That is correct.
7 away from it, like - 7 Q Okay. And so if he had startled off with saying,
8 Q All right. 8 "Are you working tonight," the point of that was to tell you
9 A - big time. 9 about Campbell.
10 Q Okay. Good. 10 A I'm guessing that's what his point was now, yeah.
11 All right. So let's talk about January 23rd. 11 Q Okay. Right.
12 And I've heard a little bit of this before, but 12 Okay. So tell us about that, when you - what
13 this is obviously a different venue here, okay? 13 information you first got that evening about Phil Campbell.
14 A Right. 14 A His statement was that the gentleman that he had
15 Q So I believe you come on work at 7 :00 in the 15 told me about before - 'cause I even asked him, I said, "Is
16 evening, is that right? 16 that the guy you called me about before?"
17 A I come on earlier than my guys, but my guys -- 17 He said, "Hey, the attorney thafs in my building,
18 Officer McGinnis usually comes on at 5. But the rest of my 18 he's out drinking again at night at Malio's." He said, "And
19 troops come on at 7. 19 the last time he drove home or he went home, he actually
20 Q Okay. So you received some sort of communication 20 walked down the street with a bottle of wine and a drink."
2 1 from Adam Filthaut that evening, is that right? 21 I dont know if he said it was a margarita or whatever. He
22 A That is correct. 22 said, "He's going to drive home again tonight drunk."
23 Q Tell us about when that was and how it was. 23 I said, "Okay." I said, "Well, we didn't get him
24 A Like I said, it was - 1 know it was after 7. And 24 last time." I said, "We'll sit on him again --"
25 I don't know the exact time. I mean, I looked at my phone 25 Q No w-
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1 A - you know, "see what he does." l A Correct.
2 Q - do you recall this being a phone conversation? 2 Q what is it you do at that point?
3 A I recall that being a phone conversation. 3 A Well, at that point, when I'm sitting in my
4 Q I mean, the way you're relating it - 4 office, I didn't have - I didn't run anything at that
5 A Yes. 5 point.
6 Q would -- 6 Q Okay. That was later, you did that.
7 A I recall that being a phone conversation. 7 A I did that later.
8 Q Okay. All right. 8 Q Okay.
9 A It wasn't a very long phone conversation. I said, 9 A When I was sitting in my office, I just got the
10 "Okay. I'll send one of my guys out. I've got five here." 10 intel, and I gave it to Joe Susteck, who was sitting at his
11 And I basically did the same thing I did the prior 11 desk. "There's a guy named this. This is the car
12 time. 12 description. He's at Malio's drinking. He's probably going
13 Q Now, did you know at that time - 13 to drive home. And he works in the Bank of America
14 When were you able to actually pull up the C. 14 building."
15 Phillip Campbell? Was it that night, or how did you - how 15 And I remember the conversation 'cause I even
16 did you rectify that you didnt know who he was; you 16 asked - I said "Bank of America building?" I said, "Is
17 couldn't - 17 there a parking garage?"
18 A 'Cause he gave me the correct name that time. He 18 And they went, "Oh, yeah. It's next to it."
19 gave me "Charles Campbell," not "Phillip Campbell." 19 I said, "Well, where does it exit?"
20 Q So that ni ght - 20 They said, "Oh, it exits onto Ashley."
21 A That night of that phone call is when he gave me 21 And I said, "Okay. Well, Joe, it exits onto
22 "Charles Campbell." 22 Ashley."
23 Q Okay. 23 And he goes, "Okay. I'll go sit over there," and
24 A And that's when I went, "Oh. Well, that's 24 he left.
25 probably why " 'cause I remember it was Phillip Campbell 25 Q Okay. What information did you provide him as to
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1 and my guy couldn't look it up. So I'm like, "Oh, okay." 1 what he should be looking for?
2 And then when I ran it or we ran it and saw it was 2 A Guy named Charles Phillip Campbell or Charles
3 "Charles Phillip Campbell ~" 3 Campbell, at the time, black BMW. And I want to say he said
4 Q Right. 4 a 6 Series BMW, black. But I know it was a black BMW for
5 Now, in the time frame between the phone call a 5 sure.
6 month or a month and a half before where he mentioned Phil 6 Q Okay. Now, what would be the normal procedure for
7 Campbell, I'm going to make an assumption here because you 7 that I mean, what would you expect your officer to do
8 see him pretty regularly, did you ever tell him, "Hey, are 8 with that information?
9 you sure that's that guy's name? Because we couldn't - I 9 A Go out there and sit in the area.
10 couldnt get him up as Phillip Campbell"? 10 Q I know. But would that mean, if he saw a black
11 A You know, I don't recall telling him that. 11 BMW 600 series drive out, that he would observe it or follow
12 Q Okay. 12 it, you know what I mean?
13 A I do recall saying, "Yeah. We didn't get 13 A Yeah. You still have to get reasonable suspicion
14 anything." 14 on somebody.
15 Q Right. 15 Q Right.
16 But when you get the phone call on the 23rd, now 16 A Just because you get intel on someone's drinking
17 he's giving you the full name. 17 doesn't mean that they're going to do something. The guy
18 A Correct. 18 would have to have an erratic driving pattern. I didn't run
19 Q Okay. 19 his driver's license, so I didn't know if it was currently
20 A He gave me "Charles Campbell." And I don't think 20 suspended.
21 he gave me the "Phillip." He just gave me the "Charles 21 At that point, when I sent Officer Susteck out -
22 Campbell." And when I ran it, I remember seeing "Charles 22 Q Yeah.
23 Phillip Campbell." 23 A - I knew nothing other than the intel that I got
24 Q All right. So now you've got a face; you've got a 24 that he was drinking and he was going to drive home.
25 driving history or whatever - 25 Q I guess thafs my question.
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1 I'm sure you've had other situations like that, l trying to move up and he's hanging out with these guys or -
2 where you're acting on intel, is that right? 2 Q Well, you didn't question it that night.
3 A Correct. 3 A No.
4 Q Okay. And so I take it your guys follow the guy. 4 Q You didn't really know.
5 if the guy's driving fine, they peel off at some time. 5 A No. 1 had no clue.
6 A Mm-hmm. Yeah. 6 Q Did it make a difference to you, or would it make
7 Q Is there any kind of minimum amount of time you 7 a difference to you if he was getting the information from
8 follow, or just a discretionary thing on the officers, you 8 somebody else?
9 know 9 A No.
10 A Oh, God, the courts here have ruled so many 10 Q Would you find that to be suspicious at all?
11 different ways, I wish I could tell you. 11 A Not really.
12 It all depends. If there's a traffic infraction, 12 'Cause in my own mind, 1 know how he is about
13 it's pretty much pull them over, like anything else. 13 drunk drivers.
14 Q No. I understand that. 14 Q Okay.
15 But if the guy didn't have a traffic infraction, 15 A And he has young kids. So we've talked about that
16 would your guy follow him to the edge of town, or it just 16 stuff before. And he's even - he's even told me, "Yeah,
17 depends. 17 you know, I've seen these people come and told me they had
18 A Oh, he wouldn't it just depends on the guy. 18 one beer and they were .16, so I know they're trashed."
19 Some of my guys will follow them up on the interstate. 19 So we've had that conversation. I know he's
20 Me, personally, I wouldn't follow, probably, more 20 against drunk drivers.
21 than a couple blocks. 21 Q Right.
22 Q Okay. All right. So you send Officer Susteck off 22 Well, I guess my question would be, it wouldn't
23 to do that, and you're out of the loop or out of the picture 23 really make a difference to you whether the information was
24 for the next period of time, is that right? 24 credible or not.
25 A Yeah. I want to say I got maybe updates from 25 A To me, I put credibility to it just because he was
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1 Adam, you know, like, you know, "He's drinking more," and 1 calling me.
2 stuff. And there was friendly banter. 'Cause I think his 2 Q Okay.
3 wife's car had broken down that day. So I was joking around 3 A I gave instant credibility
4 about his car. 4 Q Right.
5 I mean, I went to eat. I mean ... 5 A because I knew this person so well.
6 Q Now, do you think those kind of conversations at 6 Q But again, you didn't know if he was actually in
7 that time, or communications, are more text messages? 7 the bar or not.
8 A Yeah. I don't remember talking to him at that 8 A I couldn't tell you exactly where he was. I
9 point in time. Honestly, I put my phone in my shirt most of 9 couldn't tell you where the information was coming from,
10 the time, and I go eat dinner, so ... 10 other than him.
11 Q Did you get the impression that Mr. Filthaut was 11 Q Did the ~ the information he gave to you, was it
12 in Malio's? 12 written in the form that would imply he was in the bar? You
13 A You know, the way he was giving me updates, I 13 know what I mean?
14 really wasn't sure. You know, I had sent him a text 14 "IVe been told he's in the bar."
15 message, I remember at one point, "Man, you're Cl." Like 15 A No, no.
16 joking with him. 16 Q As opposed to, "He's now getting more drinks."
17 Q Mm-hmm. 17 A Yeah. "He's ordering another round of drinks for
18 A "Man, you're Cl . How good are they, getting 18 everybody. He's with a bunch of girls."
19 information." You know, just joking around. 19 I mean, the form of t he text didn't lead me to
20 So I di dnt know. I didn't know if he was in 20 believe that he was getting the information from anybody. I
21 Malio's. I know he's got a kid and a wife, so it would 21 mean, like I said, I joked around about a Cl and stuff. But
22 strike me weird as him being in a bar 22 it wasn't because I knew how he was getting it or
23 Q Mm-hmm. 23 Q Got you.
24 A But lately, I guess because he's gotten into being 24 A - anything.
25 an attorney and --1 don't know. I don't know if he's 25 Q Okay. All right. So you were at the dinner, all
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1 that kind of stuff, and then at some point you kind of get l A At that point in time, no. 1 had pulled his
2 more personally involved in this situation. 2 driver's license and saw he lived in south Tampa off of some
3 A Yeah. 3 street with a P.
4 What happened was, when 1 left dinner - and 1 4 Q Okay.
5 forget if 1 went and got coffee or what, honestly. 5 A Palmira? Palifax? Something like that.
6 But when 1 left, 1 looked up - actually, 1 think 6 Q Okay. So that whole night, you had the belief, if
7 1 sent Joe Susteck a message on the laptop and said, you 7 he was going to drive from Bank of America, assuming he was
8 know, "Where are you at?" Because 1 didn't know if he had 8 going to go home, he'd be going to south Tampa to that
9 stopped the car; 1 didn't know if he had gone to eat dinner. 9 address -
10 1 really didn't know anything. 10 A Yeah. 'Cause 1 -
11 Q Mm-hmm. 11 Q as an assumption.
12 A But if he was out there, you know, 1 was kind of, 12 A In my own head, 1 even thought, "If he's come out
13 "I'll go sit out there. I've got paperwork to do and 13 of Bank of America, he's got to go to - so maybe he'll go
14 stuff," and make sure he goes to eat. Last thing you want 14 down Kennedy and then go --"
15 is a hungry cop. 15 So 1 was kind of figuring out, "This is his
16 So 1 just met him. He said, "I'm at this 16 address," yeah.
17 location." 1 pulled up behind him. 17 Q Did you later find out that he lived a couple
18 Q Was that the Ashley exit there on Bank of America? 18 blocks away from Malio's?
19 A He was at Ashley and Whiting which was just south 19 A 1 couldn't -
20 of it. Because 1 think when you came out, you had to go 20 Q Have you ever heard that?
21 northbound on Ashley if you came out of that parking lot. 21 A 1 could --1 did hear that later. But 1 couldnt
22 So that's where he was situated. He was situated just south 22 confirm that. Other than 1 had heard from Adam that, "Hey,
23 of the exit. 23 he may live at Skypoint. But he said - he told me, "Hey,
24 Q Now, I'm going to try and - 1 know it's hard to 24 he lived at Skypoint, but 1 don't think he lives there. 1
25 kind of compartmentalize these episodes, let's say. 25 think he still lives wherever he lives in south Tampa."
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1 But you've got the initial conversation with 1 'Cause 1 said - 'cause 1 had said to him, "Oh,
2 Mr. Filthaut; you've got some text messages. 2 yeah. 1 think this guy lives in south Tampa."
3 Are you are you receiving some communications 3 And he said, "No, 1 think he still lives in south
4 while you're having dinner and up until the time that you go 4 Tampa. 1 don't think he lives in Skypoint." So ...
5 to that location and see Officer Susteck? 5 Q So you think that night, before the stop was made,
6 A Yeah. Because 1 had - know there was a text 6 there was a possibility - the information had come up that
7 message at some point, or some form of communication, where 7 he might be living at Skypoint?
8 1 had told him, "Hey," you know, "if he leaves, let me 8 A Correct.
9 know." 9 Q Okay.
10 Q Okay. 10 A And that even led me to believe, "Well, the guy's
11 A Because Joe had gone out there. So it was kind of 11 probably just going to walk home."
12 one of those - we didn't know if he was going to walk; we 12 Q Okay. That was my next question.
13 didn't know if he was going to walk back; we didn't know if 13 Did anybody - had you ever received any
14 he was going to drive out of Malio's. All we knew was this 14 information from anybody there was a possibility the guy
15 guy may drive drunk. 15 would walk home?
16 Q Did you have any information or did you know, 16 A 1 didn't receive it from anybody other than my own
17 other than what his driver's license might have said, 'cause 17 speculation, thinking, "Well, God, Skypoint's right there,
18 you pulled that up 18 and the guy's at Malio's. Why would he drive? He can just
19 A Correct. 19 walk home."
20 Q where he lived? 20 Q It's almost fair to say that the walk to the Bank
21 A Yes. 21 of America building to get your car is about the same
22 Well, from his driver's license. Not from Adam. 22 difference as the walk from Malio's to Skypoint.
23 Q Okay. 23 A Probably close.
24 A At that point. 24 Q Half block.
25 Q Yeah. 25 A Yeah. Probably close.
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1 And that's why in my own head I'm thinking, "Yeah, l A Yeah. 'Cause if my guy would have got a cal l , I
2 if the guy lives at Skypoint, why would he drive?" 2 would have said, "You need to go." If I had got something
3 Q All right. So we're at the point now where you're 3 to go ~ if I had to go to the bathroom I would have gone
4 pulled up behind Officer Susteck. And 1 know - we kind of 4 downtown, so ...
5 talked before you basically send him off to dinner and 5 Q When you on nights like that, do your officers
6 you sit there and start kind of doing some paperwork. Is 6 usually patrol or usually stay in a stopped position and
7 t hat - 7 just observe traffic, or it just depend on the officer?
8 A Yeah. 1 sat there. 1 think 1 edited a couple 8 A Depends on the officer.
9 reports. 9 Q All right.
10 1 mean, it was just - 10 A Some guys drive 300 miles a night. Me personally,
11 In fact, when 1 pulled up, 1 didn't know Officer 11 I sit in parking lots usually, and just sit and wait.
12 McGinnis was following me. 1 didn't even know he had come 12 Q All right. Besides being in your car there - and
13 behind me. 13 now I'm talking about the time frame when you're parked
14 Q Did you have dinner with McGinnis? 14 outside the Bank of America building, okay?
15 A Yeah. 15 A Okay.
16 Q Okay. 16 Q Did you - I know ultimately you moved close to
17 A But 1 didn't know he was behind me. Because when 17 Malio's. I know a little bit about that, or you can tell me
18 1 pulled up, 1 told Joe he could leave, and then - 1 want 18 about that.
19 to say McGinnis either sent me a text message or 1 looked up 19 A Yeah.
20 in my rear view mirror and 1 saw him sitting there, and 1 20 Q But during that time, outside the Bank of America,
21 sent him a message, "You scared me," and he sent me a 21 did you do any - working on reports, stuff like that, did
22 message like, "Oh, I'm stealthy." 22 you ever follow any of the cars or -
23 Q All right. 23 Tell me about that.
24 A So 1 didn't even know he was there. 24 A Yeah. I followed several cars. I mean, I
25 So then we just kind of sat there. 25 followed them all through - I mean, they didn't even match
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1 Q So did the both of you guys sit there a while? 1 the description. I was just following cars. They were
2 A Yeah. W e - 2 pulling out. I was kind of bored, to be real honest with
3 Q Continue on. 3 you.
4 A Okay. We sat there and watched traffic and ... 4 So I was hanging out in the area. If I get other
5 Q Now, did you have any kind of - did you feel at 5 traffic violations --1 actually followed one car ail the
6 that time that your purpose for being there was to stop Phil 6 way down Kennedy to right in front of the University of
7 Campbell from driving drunk? 7 Tampa and I turned around because I didn't have a driving
8 A Yes. If he drove, our intent was to follow him, 8 pattern. In fact, I think that was a black Mercedes that I
9 to try and see if he had a driving pattern or a reason to 9 followed, so. . .
10 stop him. 10 Q Okay. So you weren't just following black BMWs or
11 Q Was that - I'm going to use the word "mission" 11 that kind of you were just- killing time, doing some of
12 'cause 1 can't think of another word at the moment. 12 that stuff too.
13 Would that have been above all others? 1 mean, if 13 A Yeah. 'Cause I remember - I remember the
14 you had gotten calls to other locations or some other 14 Mercedes actually had a specialty tag, 'cause I looked at
15 driving had gone on, would you have diverged off on that and 15 it. followed it. It didn't have a driving pattern. I left.
16 started, you know - 16 Q Okay. And during that time - and I'm talking
17 A I'll be honest with you. If anything else would 17 about the time that you now are sitting outside the Bank of
18 have happened, we'd have gone. 1 mean, it wasn't like a 18 America parking lot - are you getting communications from
19 stakeout where we had to sit there. Kind of one of those, 19 Mr. Filthaut?
20 it's early in the night, it was during the week, and ain't 20 A I got communications pretty consistently, you
21 nothing else to do. It's slow. 21 know? I mean, it might be'three or four minutes, five
22 Q So it's more like killing time and seeing if 22 minutes. Some of them were just frequently banter, us
23 something happens. 23 joking around. Some of it was specific. Like, you know,
24 A Yeah. 24 "Hey, he's with girls, and he's buying.a whole 'nother round
25 Q But not stakeout. 25 of drinks," or, "Hey, he's leaving."
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1 Q Let me ask you this. l A We were in the area. 1 got an information from
2 A Okay. 2 Mr. Filthaut. He says, "Oh, he may not - he may drive a '
3 Q And again, 1 know it's hard to put these in little 3 silver -- or silver-gray Nissan," is what he said.
4 time capsules. 4 Q He may drive that?
5 1 want to let's talk about your leaving that 5 A Yeah.
6 location outside the Bank of America and going to another 6 And 1 sent back 1 sent back - 1 don't know if
7 location. Tell us about that, and why you moved, and that 7 1 sent back, "Okay" or whatever, but 1 know 1 told McGinnis
8 kind of thing. 8 again, "Hey, he might drive a gray or whatever Nissan." So
9 A Well, he had told me he was leaving, and 9 1 was kind of looking for that. So I'm looking for a black
10 Q Filthaut told you that Campbell was leaving. 10 BMW and maybe a Nissan.
11 A That he was leaving the bar. 11 1 knew he was with females because he had said
12 Q All right. 12 he's with a bunch of females. And when 1 ran his DL, I saw
13 A But 1 didn't know where he was parked for sure. 13 that he has a wife. So in my own head I'm thinking, "Maybe
14 So 1 said, "Well, you know? It's two of us. McGinnis is 14 he's with his wife and maybe they're in his wife's car.
15 here. I'll just go sit in front of Malio's and see if he 15 Okay" So that's what 1 was looking for.
16 pulls out of there." 1 mean, there's only 1 mean, if he 16 1 drove by the front and 1 -
17 parked somewhere else, there's only really two places he 17 Q And that would have been when you drove by the
18 would drive out of. So I'll go hang out over there. 18 front, that would have been a response to that message that
19 Q And so where did you relocate then? 19 he's leaving and he might be in a Nissan?
20 A At one point 1 was just north of there. There's a 20 A Yeah.
21 safety zone. And at one point 1 actually sat there - just 21 Well, he was leaving. So 1 knew he was leaving.
22 north of the Malio's, there's a road that kind of goes to 22 So when 1 drove by the front, I'm looking to see if 1 can
23 the park right in between - some K-park and - downtown 23 see anybody. And 1 really couldn't see him. 1 saw people
24 Tampa park. 24 up there. And 1 couldn't tell what kind of cars they were
25 Q And 1 don't know my directions that well, or my 25 or what color, 'cause to me it was dark.
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1 streets. But Ashley is the main drag through - 1 Q Mm-hmm.
2 A Ashley is - 2 A So that's when 1 drove by, and 1 sent Officer
3 Q -- Malio's - 3 McGinnis a message and said, "Hey, drive by the front and
4 A Ashley and Kennedy, and Malio's is right on the 4 see if you see a silver Nissan or a gray Nissan," or
5 corner. 5 whatever it was. That's when he went by. And 1 had already
6 Q Okay. 6 driven by and went somewhere else. And he sent back, "Yeah.
7 A But there's center dividers and stuff so there's 7 Female driver. Female driver."
8 only certain ways you can go. 8 So that was the last communications 1 had with
9 So 1 parked at several locations. 1 followed cars 9 either McGinnis or anybody else prior to the car even
10 from there. 10 pulling out.
11 Q When you parked in those locations, other 11 MS. ANDRINGA: Can 1 ask a question?
12 locations, was that more where you could have an eyeball on 12 How did you know he had a wife from the DL?
13 the front of Malio's - 13 THE WITNESS: Because 1 think it was
14 A I could - 14 co-registered to another party. The car. 1 think.
15 Q - or at least the exit? 15 I'm pretty sure.
16 A 1 was going to say 1 could see the exit. 1 16 BY MR. LOUGHERY:
17 couldn't see up into Malio's. Because when you go there, 17 Q Okay. But is it fair to say that the - there was
18 it's really dark at night, and 1 have really bad vision. 1 18 recent information about the gray Nissan that made you call
19 have astigmatism. 19 McGinnis to go over and look?
20 Q Okay. 20 A Yeah.
21 A So 1 couldn't see into the thing. If 1 drove by, 21 Q And it was like happening now, kind of thing.
22 1 could see silhouettes, but 1 couldn't tell you if it was 22 A Yeah. It was it was "Hey - " he was leaving.
23 valet guys; who, really, was there. 23 So we knew that he was leaving.
24 Q Okay. All right. Okay. So again, what's the 24 And then 1 got the information about a possible
25 next thing that happens that's pertinent to this? 25 gray Nissan.
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1 Q Right. l A Two go straight, up onto the interstate. The |
2 A And 1 couldn't see up there, so that's why 1 said, 2 third one forces you to turn right.
3 "Hey, drive by the front and see if you can see." 3 Q Mm-hmm.
4 Q Okay. All right. So you got an affirmative from 4 A We were in the right straight lane to go up on the
5 McGinnis that there was a gray Nissan, and 1 think you said 5 interstate if you went one more block.
6 he thought it was a female driver. 6 Q Mm-hmm.
7 A His information was female driver. 1 don't think 7 A There was an SUV that was in the far right-hand
8 he said "1 think it was a female driver." 8 lane.
9 Q Okay. So what's next? 9 Q Mm-hmm.
10 A A car pulled out. And 1 couldn't even tell you if 10 A 1 don't know - 1 can't tell you exactly how close
11 it was the same car that Officer McGinnis. It was the next 11 all this transpired, but 1 can tell you that he was in a
12 car pulling out. Car pulled out and went northbound on 12 straight lane. He made a right in front of what woul d be i
13 Ashley Drive. 13 that turn lane, where that vehicle was.
14 Q Okay. 14 1 know that 1 turned - 1 had to turn on all my
15 A The car was driving real slow. 15 emergency equipment to get the truck to stop so 1 could turn
16 And when we pulled out, because the headlights 16 in front of him, because we were almost side by side, me and
17 were in my face, 1 couldn't see in the car. 17 the truck.
18 Q Mm-hmm. 18 Q All right.
19 A So when the car went, 1 followed it northbound. 19 A Truck stopped, 1 turned in front of him, and
20 It was driving real slow. 20 conducted a stop for the improper turn.
21 Q So 1 assume where you - your location at that 21 Q How far up did you get? Like a block or so, or
22 time, you were facing west, 1 guess? 22 not even, for the stop.
23 A 1 was facing west. 1 was on Madison. 1 was kind 23 A The stop well, once we made the right, it's
24 of back - 1 don't know if it was right on the intersection, 24 prior to the next city block. He stopped mid-block.
25 but 1 was sitting at the light. 25 Q I've seen the video, and 1 can't in my mind it
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1 Car turned in front of me and went northbound on 1 looks like some planted trees or something, so I'm trying to
2 Ashley. 2 figure out.
3 1 don't remember exactly - 1 just know it turned 3 A It's definitely within that next city block.
4 the corner real slow, and it switched lanes between the far 4 Q And is that -
5 right-hand lane and - there's three lanes - and what would 5 Okay. And it would be on the right-hand side or
6 be the center lane at that point - 1 want to say two or 6 the south side.
7 three times, maybe four times. 7 A The south side.
8 Q Okay. 8 Q Okay. Go ahead.
9 A But just going real slow. 9 A Once he stopped, he instantly got out of the car.
10 As we approached, as you're going northbound, it's 10 And 1 was kind of - honestly, 1 was kind of
11 a couple blocks, and then you're forced to get up on to 275. 11 caught off guard because 1 was expecting a female driver.
12 Q Right. 12 So when he got out, 1 went - and 1 instantly
13 A So he was in the center lane. 13 recognized who he was because 1 had run his driver's
14 And I'm thinking, "Well, the car's going to get up 14 license.
15 there." Really, other than driving slow 1 wouldn't be 15 So when he got out, he kind of was unsteady on his
16 able to stop someone for driving slow in downtown Tampa, 16 feet; he kind of stumbled around a little bit.
17 so -- and 1 had no clue except it's a female driver. So 17 When 1 walked up to him, 1 said, "How are you
18 really, the car really didn't mean anything to me at that 18 doing, sir?"
19 point. 19 He said, Good."
20 Well, when we got to Cass when you get to Cass, 20 1 said, "Do you have a driver's license? You made
21 there's two lanes, and then there's a right lane which 21 an improper turn."
22 forces you to turn right. 22 He kind of acknowledged that he made the improper
23 Q Which is - there's actually three lanes, right? 23 turn, handed me his driver's license.
24 A There's three lanes. 24 1 smelled the odor of alcohol on his breath. He
25 Q Two - 25 had the glassy, bloodshot eyes.
f
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1 I asked him, "How much did you have to drink?" 1 A That sounds about correct.
2 'Cause I ask that of everybody. 2 Q Okay. Did anybody else get out of his car or out
3 And he said, "Nothing." 3 of the Nissan?
4 I went, "Okay." Went right back to my car, sat 4 A Not until after he made the arrest.
5 down, and called for Officer McGinnis because I knew he 5 Q Okay. And were you even aware there was anybody
6 would be in the area, and he came over. 6 else in the car until after he made - until someone got out
7 Q Now, I'm going to make a little bit of an 7 o f -
8 assumption here, but also since you saw it was Campbell, in 8 A Obviously, 1 saw somebody in the car but 1
9 your mind you would have connected the previous information 9 couldnt tell you who it was at that point.
10 you were getting from Filthaut with the guy was drinking it 10 Q You didn't go up and talk to anybody or anything
11 up in Malio's and stuff. 11 of that nature.
12 A Oh, of course, yeah. 12 A No. Not till after.
13 Q You smelled the booze and it's like, "Okay." 13 Q Okay. Tell us about that. Tell us about
14 A When I smelled the booze. 14 afterwards, what -
15 Okay. The driving, the wrong turn. 15 A He made the arrest.
16 But then when I smelled the booze and unsteady and 16 Q I'm not going to ask you about all - that st uf f s
17 glassy eyes and then he tells me, "I didn't have anything to 17 pretty much on video -
18 drink," now I'm thinking, Okay. Now he's lying to me." 18 A Right.
19 Q Right. 19 Q -- that I'm skipping over -
20 A 'Cause I had intel that he was drinking - 20 A Right.
21 Q Right. 21 Q -- at this point.
22 A - on top of what I've now correlated, along with 22 A Right.
23 the information. 23 Q Okay. Go ahead.
24 Q Okay. So do you just sit in your car and wait for 24 A He made the arrest. He put Mr. Campbell in the
25 McGinnis to show up or do you get back out and wait for 25 car.
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1 McGinnis to show up while you're out of your car? 1 He came back and he told me, "The gentleman says
2 A No. I actually gave Officer McGinnis the 2 he's an attorney." I'm like, "Yeah. No joke."
3 information right in my car. I was sitting there. I handed 3 "Yeah. He says he's going to make the news."
4 him the driver's license. He stood at my door. I gave him 4 1 said, "Well, they all say they're going to make
5 the information. He backed his car up and set it up. 5 the news."
6 And I don't even recall getting back out of my car 6 And that was pretty much the end of that. He got
7 until after McGinnis put his - the handcuffs on him. 7 in his car. He was leaving.
8 Q Okay. 8 1 went up and actually, at that point, told the
9 A In fact, it was a while. I just sat in my car. 9 girl, "Hey, you need to find somebody to come get you."
10 Q Okay. And so - and I don't know exactly, you 10 Q Let me stop you here a second, only because 1 want
11 know, having viewed the video, the time difference between 11 to understand the procedures.
12 your stop and when I see him on video, but I assume it was 12 A stop is made. The driver's arrested.
13 pretty quick 'cause McGinnis was right there. 13 Obviously, you've got to deal with a passenger in a car.
14 A Yeah. It couldn't have been three, four, five 14 Would that be something that would be assigned
15 minutes. 15 your responsibility 'cause you made the stop in this
16 Q And I think, from looking at the reports, you, at 16 situation, you know what 1 mean? Because McGinnis has a
17 least on the complaint arrest affidavit, it has the stop 17 prisoner.
18 being 9:57. I don't know if you filled that one out or 18 A Yeah.
19 McGinnis did. 19 Q That he would just go ahead arid leave and you
20 A Yeah. I think that's the time of the stop. 20 would take over.
21 Q And then has like a 10:08, looks like time of 21 A Yeah.
22 arrest. 22 The DUI unit rarely does the impound, the one that
23 A Yeah. That would be - I'm assuming. Now, I 23 actually does the arrest, because there's time constraints.
24 obviously don't have the reports. 24 So either, one, if I'm there,. I'll do it. Sometimes my
25 Q Assuming that's - 25 corporals go by and do it. Or sometimes they call for a
Mi -{.
:
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1 street unit. It just depends on the circumstances. l drunk, the passenger's not, so we'll actually check them,
2 Q And when you use the term "impound," you mean 2 they're okay, and we'll let them leave.
3 dealing with the car the driver's been arrested out of. 3 Q Okay.
4 A Yeah. Dealing with the car. 4 A But since her license was suspended, there was no j
5 Q Right. 5 reason to check her. j
6 A If there's passengers, trying to get them cabs or 6 Q Did you recognize her at all? j
7 having someone pick them up, someone picking up the car or 7 A 1 had never seen that girl before in my life. |
8 impounding the car. 8 Q And when you saw the name, the name didn't mean j
9 So whatever's going to happen, they deal with the 9 anything to you?
10 scene that's there. 10 A Absolutely zero.
11 Q Okay. So that was your - that basically was 11 Q Okay. All right. And could you tell she was
12 you knew that to be your assignment, or you were going to 12 using her cell phone or texting or doing something,
13 follow through on that. 13 communicating with somebody to try to get a ride, kind of,
14 A Yeah, that's standard, for me to deal with that. 14 scenario, or you just assumed that happened?
15 Q So once the arrest was made, and McGinnis was 15 A She told me she had somebody coming. 1 know that
16 going to be taken off of that, what did you do? 16 she had a cell phone, but 1 couldn't tell you what she was
17 A 1 went up, 1 told her, "Hey, you're going to need 17 doing on it because she was in the car by himself.
18 to get somebody to come get you," and obviously the car or 18 Q Right.
19 whatever. 19 Did she tell you that when you first came up to
20 1 went back and 1 ran her information and found 20 talk to her or did you have to go back and say, "Your
21 out her license was suspended. And 1 was like, his (sic) 21 license is suspended. 1 can't let you drive."
22 license is suspended. Well, she wouldn't be able to drive 22 A Yeah. She didn't tell me her license was
23 anyways. 23 suspended
24 So 1 walked back up to her - 24 Q Right.
25 Take that back. 25 A - when 1 initially went up.
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1 1 ran her stuff. Officer McGinnis was then 1 When 1 went back and found out that it was
2 pulling off. 1 didn't have an impound sheet. So 1 jumped 2 suspended, when 1 came back and told her, that was what 1
3 out of the car and told Officer McGinnis, "Hey, give me an 3 said, "Hey, look, you're not going to be able to drive.
4 impound sheet before you leave." 'Cause 1 knew if 1 had to 4 Your license is suspended. It's your mom's car. I'm
5 do an impound, I'd have one. 5 supposed to impound it, but it's your mom's car. She's kind
6 Q Right. 6 of an innocent owner, so "
7 A He handed me the sheet. 7 And then all of that same time, that's when the
8 And then 1 went back up to the car and 1 said, "Do 8 guy showed up.
9 you have someone coming to get you?" 9 Q Okay. So she had made that call, if she made a
10 "Yeah, 1 have," whoever was "coming to get me. 10 call, prior to you - you didn't even know that.
11 Someone is coming to get me." 11 A Right. 1 didn't know that was occurring.
12 Well, about that - 1 want to say it was about 12 Obviously, it must have occurred, 'cause someone
13 that same time, that's when this SUV pulled up. 13 was on the way.
14 Q All right. Let me - before we get to that... 14 Q Yeah.
15 So you identified who she was, was going back, 15 A So once 1 told her that, the car pulls up, a
16 running it, and that's when you realized you needed the 16 gentleman gets out. 1 actually went back and ran the tag on
17 impound sheet, right? 17 his car to make sure that his license was valid.
18 A Correct. 1 knew that she was suspended, so she 18 When 1 ran his tag, his license was valid. 1
19 wasn't going to be able to drive. 19 verified, "Hey, that's his picture."
20 Q Right. 20 Q Do you remember the name of that person?
21 A And there was no reason to try and determine if 21 A It was and 1 told the other people this. 1
22 she was DUI or not, to drive, because her license was 22 think it was, like, Motroni.
23 suspended, so it was irrelevant. 23 Q And did you recognize him or -
24 Q Right. 24 A Not a t -
25 A A lot of times where we arrest somebody that's 25 Q - know him?
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1 A Not at all. 1 you during the time frame that you were following the
2 Q Okay. Did you talk to him at all? 2 Nissan?
3 A Yes, 1 did. 3 A No.
4 Q Just to get his information? 4 Q Okay.
5 A 1 told him, 1 said, "Hey, look." 1 said, "Her 5 A Honestly, it was - you're talking about a couple
6 license is suspended. It's her mom's car." 6 blocks.
7 And he says, "Well, 1 can take her home. If you 7 Q Right.
8 want, 1 can take her car." 'Cause there was a young lady 8 A No.
9 that was in his SUV with him. 9 Q And so then you pulled over, this stuff happened,
10 1 said, "Well, if you can take her and her car." 10 maybe a few more minutes went by - I'm just being general
11 1 said, "But don't let her drive 'cause her license is 11 here until McGinnis was kind of taking over, and that was
12 suspended." 12 when you would have started having more communication.
13 He said, "No, no, no. 1 won't let her drive. 13 A Yeah.
14 I'll drive her all the way home, and then - " 1 forget if 14 And honestly, I remember - 'cause I remember my
15 it's, "My girlfriend or my wife will drive me back. It's 15 guy doing field sobriety, and then when he arrested him.
16 not a big deal." 16 And it was kind of more of like just joking around with him,
17 Q So your understanding was he was going to jump 17 but it was more me sending him messages. Like, you know,
18 into her car, with her still as passenger, drive her home, 18 "Hey, yeah. We have him stopped. My guy's going to check
19 be followed by his girlfriend or wife. 19 him. Oh, yeah. My guy's putting handcuffs on him."
20 A To pick him up. That's correct. 20 So that was kind of the communication. There
21 Q And t hat ' s- 21 really wasn't much coming back from him at that point.
22 A That was it. 22 Q Right.
23 Q That's kosher. That's fine. Right. 23 And after -- was there any communication from
24 Timewise, how long - assuming, let's say, the 24 Mr. Filthaut to you about the female in the car?
25 arrest was at 10:08, would this have been just minutes 25 A Not that I recall. I remember something about,
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1 later? 1 you know, "I hope - your Cl," and, "Who's your Cl ," but I
2 A Yeah. It wasn't that long. Honestly, it was - I 2 don't remember if he ever answered me back about the female.
3 know, when Officer McGinnis left, he gave me an impound 3 Q But that Cl comment, that was prior to the arrest
4 sheet; it wasn't a couple minutes that I walked back up to 4 and everything? Right? Or was that after he knew there was
5 the car and then all this kind of transpired. 5 a girl in the car.
6 Q Okay. 6 A That was after I knew the girl was in the car.
7 A It was quick. 7 Q Okay. Earlier, when you were telling us about
8 Q All right. Did you have - well, let me back this 8 "who's your Cl" and stuff, there was communication before
9 up. 9 then too.
10 After you made the stop and realized it was 10 A Yeah. That was
11 Mr. Campbell, let's say during that 10 minute time frame, 11 Q Were you were getting information supposedly live
12 approximately, when McGinnis kind of took over, did you have 12 from the bar.
13 any communications with Filthaut about what had occurred? 13 A Yeah.
14 A I didn't talk to him between. Between Officer 14 And that was - and that was kidding around.
15 McGinnis getting there. So there was - I don't remember if 15 Q Yeah.
16 there was any communications in between then. 16 A Because I didn't know if he was giving me Cl . It
17 I did text him afterwards, "Hey, yeah, we got him 17 was just a joke around CIs.
18 stopped. Oh, my guy's arresting him." 18 Q Okay and I understand that. And I guess I'm
19 And I could tell he was kind of giving him a hard 19 saying ~ so that there was - when you - after the
20 time. 20 arrest - I think you kind of answered this but let me ask
21 But I just texted him, "Yeah. He's going to jail. 21 that again, I suppose - did you have any communications
22 Oh, my guy's putting cuffs on him." 22 with Filthaut about the girl in the car?
23 I mean, it was just kind of friendly banter. 23 A There was communication, like I said.
24 Q All right. Would you have had - were you doing 24 Q Yeah.
25 any communications with - or either you to him or him to 25 A And I'm trying to remember, honestly, exactly what
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1 was said. Because 1 know 1 said - 1 told him who took the 1 under this whole scenario we have here, you know, was -
2 car. Because 1 was like, "Oh, yeah. Some guy picked her 2 there did did you intentionally or were you told to leave
3 up. He's with some girl." 'Cause 1 was expecting - 3 her name out of any police report?
4 honestly, 1 was expecting it to kind of be his wife. So 4 A No. It was just
5 when 1 texted him, 1 said, "Yeah. Some guy picked up this 5 Q Okay.
6 girl. This was his name." 1 actually sent him the name. 1 6 A It wasn't really relevant to anything. The guy
7 want to say - that's why 1 remember it was, like, 7 was arrested for DUI. He just happened to be in that car.
8 "Motroni." 8 Q Well, 1 know, but 1 mean 1 would say - maybe it's
9 Q Okay. 9 different. It's been a while since 1 prosecuted DUIs. But
10 A But he never responded back. So but - 1 mean, he 10 I've read thousands of police reports. And frequently on, a
11 didn't know the guy. "1 don't know this guy." "Okay." 11 DUI stop, there's some mention of who's in the car and how
12 Q After that communication that we just talked 12 it's released and that kind of thing.
13 about, did you have anything later in the evening or a half 13 A Honestly, it's - 1 mean sometimes, if 1 was the
14 hour later or anything else with Filthaut, or was that kind 14 DUI officer, I'll put if there was other people in the car.
15 of the end of it at that point? 15 And the basis of that is, in case you smell alcohol coming
16 A 1 mean. We talked. But it really wasn't about 16 from the person, that you can distinguish it wasn't from the
17 that. 17 passengers. So you'll sometimes get them out to make sure
18 Q All right. 18 you correlate the alcohol to them.
19 A So you know, 1 really don't - 19 Q Okay.
20 Q So 1 know you gave us your cell phone records and 20 A So 1 might sometimes put there was two people
2 1 stuff. So in any kind of your number to his number or 21 other people in the car.
22 his number to your number during this time frame, is it fair 22 But 1 have never in any of my DUI reports, where
23 to say that would primarily be dealing with Campbell or not 23 there's other people, documented what their names were, in
24 necessarily or ... 24 the car, or anything.
25 A 1 couldn't say. 'Cause we like 1 said, there 25 Q Okay. After the 23rd, this all happened, and then
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1 was a lot of stuff that we were messing around. 'Cause we 1 things started blowing up in the media, let's say,
2 talked about playing paintball with me again. 2 afterwards.
3 Q Okay. So it wasn't all business, is what I'm 3 A Mm-hmm.
4 saying. 4 Q Did you have any communications with Mr. Filthaut
5 A No, no, no. 1 mean - 5 about this situation?
6 Q Now, in your police report, there's no mention of 6 A Oh, yeah. 1 called him the next day.
7 her, or really any details about the car or the registered 7 Q Okay. And what was that conversation?
8 owner and that kind of thing. 8 A 1 was pretty pissed.
9 Is that typical for you to not have that 9 Q Okay.
10 information in a police report, or did you feel there was 10 A 1 actually remember chewing him on the phone.
11 some reason you should keep that out? 11 Because when 1 looked at the news and 1 saw it hit
12 A There's really - normally 1 don't put anything 12 the news, and then 1 said, "Okay. Well, this guy told me it
13 about that. 1 mean, if - the car information should go by 13 was going to hit the news but he didn't tell us who he was."
14 the officer, 'cause that's the car he was driving. And 14 And then 1 saw that obviously he's on this Bubba case. And
15 there's really nothing to put about the car, 'cause it 15 I'm like, "Holy cow." 1 know my buddy was doing attorney
16 wasn't seized, it wasn't taken for forfeiture. So there's 16 work for this Diaco law firm that he works for.
17 really nothing for me to put in there. Normally, we'd 17 And 1 never knew - 1 really don't know to me,
18 either put, you know, the car was impounded. 18 all of you are the same. If you told me, you're an
19 1 had sent Officer McGinnis a message that 1 19 attorney, you're an attorney, criminal attorney, civil
20 released the car to a sober driver. So if 1 sent him that, 20 attorney, they're all the same. Attorney's an attorney.
2 1 a lot of times guys will actually put that into their 21 Like 1 guess we're all cops.
22 report, into their actual initial report. 22 But 1 knew that he had something to do - 'cause
23 Q Right. 23 he had told me, when we played paintball, that he was doing
24 Okay. So that would be a typical - 24 prep work for this case.
25 And here's the question, of course. You know, 25 So I'm like, "Holy cow."
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1 So 1 called him. 1 said, "Does this guy work for l until afterwards, to be real honest with you - 1 would have
2 you?" 2 totally handled that different. 1 probably wouldn' t even
3 'Cause at that point, honestly, it was so early in 3 been out there, to be real honest with you. 'Cause 1 know
4 the morning, it was like 7 :something in the morning, or 4 what the ramifications are politically to something like
5 8:00, whatever time it was, and 1 was on the way to court. 5 that.
6 So 1 really hadn't correlated that this guy was on the - 6 Q Well, now, let me ask you, is there - do you
7 working for the Schnitt group. 1 just knew he had something 7 ever, in these intel scenarios like this, where you' re
8 to do with this trial. 8 getting information - 1 mean, for example, would you have
9 So when 1 called my buddy, 1 actually asked him, 1 9 said, like, to Filthaut when he said, "Oh, this guy' s
10 said, "This guy, he's an attorney." 10 drinking. He's going to drive," would you ever say, "Well,
11 "Yeah. He's an attorney." 11 tell him to get a cab"?
12 1 go, "You said he worked in your building." 12 Do you follow what I'm saying? Do you ever try
13 "Well, yeah. He works in my building." 13 t o -
14 "Yeah. But you didn't tell me he's on this Bubba 14 A No.
15 case." 15 Q - do preventive work, you know, like
16 He goes, "Well, yeah." 16 A 1 can't say that 1 do. 'Cause 1 get calls - like
17 1 go, "Does he work for you guys?" 17 1 said, 1 get calls, to bring up an instance, where 1 have a
18 'Cause at this point I'm thinking, "Okay. He must 18 bar owner that called me so much that 1 actually had to
19 work in their law firm." Honestly. 'Cause 1 didn't catch 19 start blocking him out of my phone. The guy's name's Ray
20 what side was who. 20 and he's a bar manager. He'd call me and say, "This guy's
21 And he goes, "No. He doesn't work on my side." 21 leaving the bar right now. He's drunk."
22 And 1 went, "Does he work on the other side?" 22 1 had an instance where 1 actually sat a block
23 He goes, "Yeah." 23 away, and the guy walked out of the bar, he was going to
24 1 went, "Are you kidding me?" 24 drive a motorcycle. Well, to me, if you're going to get a
25 He goes, "No." 25 on a motorcycle drunk, you're - it's really dangerous.
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1 1 go, "You don't think you should have told me 1 Q Right.
2 that?" 2 A Versus a car. It's still dangerous, but -
3 "Well, Ray, what's the big deal?" 3 Q 1 understand.
4 1 said, "Are you kidding me?" 1 mean, 1 really 4 A So 1 told the guy - 1 told Ray, 1 said, "Tell
5 reamed into him 5 that guy to turn around and look." And 1 was about a block
6 Q All right. 6 away. 1 rolled down my window. Ray told him, "Look." He
7 A - to the point where he became defensive. 'Cause 7 looked and me, and 1 waved out of my unmarked car, and the
8 1 was really upset that 1 didn't know that information prior 8 guy still drove away.
9 to. 9 Q Okay.
10 Q Well, 1 mean, if you had known a lot of this 10 A S o -
11 information, would you have behaved differently? 11 Q He was really drunk.
12 A Of course. 12 A Yeah. And he ended up getting arrested for DUI -
13 Q Okay. 13 Q Right.
14 A Most definitely. 14 A - 'cause we stopped him. He had a driving
15 Q Okay. And explain that. 1 think 1 know the 15 pattern. Same scenario.
16 answer. But you know, how do you mean? 16 So no, 1 don't normally say - go up to people and
17 A Well, like 1 told my chief, my job is to arrest 17 tell them, "Don't drive."
18 drunk drivers. My job is to arrest drunk drivers. So 1 18 Q Do you feel in this situation you kind of got
19 really dont care where the intel comes from. 1 get it from 19 used?
20 bar owners, 1 get it from valets, 1 get personal calls from 20 A Oh, most definitely.
21 an owner that runs three different bars, or the manager. 21 Q All right.
22 Q Right. 22 A Yeah. 1 feel like 1 got drug through the mud.
23 A So it doesn't really matter to me. 23 MR. LOUGHERY: Okay. I've got a couple more
24 But being that the fact that this is such a 24 questions, Bruce, or Ms. Andringa.
25 high-profile case and 1 hadn't watched any of this case 25 Do you have any at this point?
Mar ch 5, 2013
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1 MR. BARTLETT: 1 had one question. 1 Q So when you did this Jelly Bean thing or whatever
2 Let me think. 2 it is, it wound up deleting all your old texts.
3 BY MR. LOUGHERY: 3 A Yeah. Well, I've been trying - 1 was trying to
4 Q Well, I'll ask a couple more. 4 update it, and it deleted some stuff. And 1 tried to do it
5 A Okay. 5 online, but you've got to plug it into the computer to do
6 Q 1 know you gave us your cell phone stuff, but we 6 this Jelly Bean update ...
7 also subpoenaed that information as well, okay? 7 Q Have you
8 A Mm-hmm. 8 A S o -
9 Q And it appears as if there's about, believe it or 9 Q Have ever tried to look at your cell phone to see
10 not, 98 or 95 texts between you and him during that, like. 10 whether any of those texts are preserved?
11 three-hour period. 11 A Yeah. When 1 started thinking, "Well, maybe this
12 Does that sound possible? 1 mean ~ 12 is important for me to keep this stuff."
13 A 1 don't know if it was that many. 13 Q Right.
14 Are you talking about, like, me doing 98? 14 A But 1 don't see any of that in my phone.
15 Q Well, no. It would be like let's say if s 15 Q Okay.
16 about half and half. So that would be - 1 mean, it could 16 A And like 1 said, 1 even tried to - 1 thought it
17 be, "How's it going? I'm doing fine," "what are you - " 17 was important enough that 1 called Verizon to see if 1 could
18 A Yeah. 18 get it, and their comment to me was, "No. An attorney will
19 Q -- and that could be three, four, five, six, 19 have to get it, 'cause you can't get it without a subpoena."
20 seven 20 Q Right. But 1 mean, at that time you called
21 A Oh, yeah. 21 Verizon, couldn't you just look in your phone and look at
22 Q - depending on how many times it's being sent. 22 them?
23 A Yeah. 'Cause when you start texting me, you're 23 A No. 'Cause 1 had already updated it.
24 just text and send, and ... 24 Q That's not my question. 1 think you said a minute
25 Q Did you retain those texts? 25 ago you called Verizon the next day.
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1 A No, sir. 1 A Yeah. 1 had called Verizon. But 1 had already
2 Q Do you still have them in your phone? 2 tried to update my phone. So it was gone.
3 A 1 don't have anything in my phone. 3 Q So you tried to update it previous to this -
4 Q Do you commonly delete your texts? 4 A Yeah. But they told me - what their comments to
5 A 1 was trying to update - it's called Jelly Bean 5 me were, was that, "Your attorney can get it. We retain
6 for my phone. 6 that information. They can do a subpoena."
7 Q 1 don't know what that is. 7 So it was like, "Okay. They can get my
8 A It's a new Android operating system. 8 information. It's not really a big deal."
9 Q Okay. 9 Q Okay. But my question is - and maybe we're just
10 A So 1 had something called - it wasnt called - 10 kind of running around, understanding --
11 So anyway, Jelly Bean just came out, so 1 was 11 Did you update, and therefore delete the text
12 trying to update my phone to Jelly Bean. And you have to 12 messages after the evening of the 23rd and before you called
13 plug into the computer and download and stuff. So it wasn't 13 Verizon -
14 like - 14 A Th a t -
15 'Cause 1 didn't think anything of any of this 15 Q - ont he24t h?
16 stuff until - you know, 1 thought 1 could get all my text 16 A That's correct. When 1 called Verizon the next
17 messages from Verizon. 'Cause 1 actually called the next 17 day -
18 day, and called Verizon to see if 1 could get them, and they 18 It might have been the next day after that.
19 told me 1 couldn't get anything without a subpoena. 19 Q Okay. Whatever.
20 Q All right. 20 A However close it was. It was within a day or two.
21 A So 1 had already done - you know, I'm doing 21 And 1 called them. And 1 was like, "Okay. Well,
22 this - you can ask my wife. I'm trying to do this Jelly 22 they said 1 can get this information." They actually told
23 Bean thing. My kids are trying to help me, so - 23 me they retained everything for, like, 150 days, I think it
24 Q And that's all happened since then? 24 was. So I was like, "All right. So if anybody needs my
25 A Yes. 25 information, they can subpoena it. It's not a big deal."
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1 Q So then you went ahead with your Jelly Bean thing. 1 (A discussion was held off the record.)
2 A Trying to update, yeah. 2 EXAMINATION
3 MR. BARTLETT: Did Adam Filthaut ever tell you 3 BY MR. LOUGHERY:
4 where he was? I'm sure you had to have asked that 4 Q The question, 1 guess, would be about the Nissan.
5 question. 5 Did you ever get a tag number?
6 THE WITNESS: No. And 1 never have. Honestly, 6 A No.
7 to this day, 1 havent asked him that question. 1 7 Q And so when you followed that Nissan, 1 woul d
8 don't know where he was at. 8 assume in your mind it could have been one they were talking
9 And you know, as far as I'm concerned, he could 9 about, but you didn't really know for sure.
10 have been sitting there getting this information 10 A 1 don't know if it was the car for sure. 1
11 from this girl while he was at the bar. 1 don't 11 thought there was going to be a female driver, from what my
12 know. 12 guy said. So that was the only thing 1 can tell you.
13 BY MR. LOUGHERY: 13 Q And were you driving in a marked unit -
14 Q And you've also - you've been told by your chief 14 A Yes.
15 or supervisor that you're not supposed to have conversations 15 Q - a t that time?
16 with Filthaut about this? 16 A Yeah. Both of us drive in a marked unit.
17 A 1 was advised by an attorney that 1 should stay 17 Q Even McGinnis.
18 away from him; that 1 should have no contact with him, 18 A My whole squad, unless one of the squad breaks
19 because it was in my best interest and - you know. 19 down, is all unmarked Crown Victorias.
20 Q So thafs an answer you'd like to know, but you 20 Q All what?
21 haven't bothered to ask him 'cause you're staying away. 21 A Unmarked Crown Victorias.
22 A Yeah. And 1 don't know -- like 1 said, 1 - 1 22 (A discussion was held off the record.)
23 suspect that his information was coming from, you know, 23 BY MR. LOUGHERY:
24 these girls now, but 1 don't know if he was standing in the 24 Q How did you know the Nissan was going to come out
25 bar, across the bar; 1 don't know if he was at home; 1 don't 25 of the valet as opposed to the parking garage exit? Or did
Page 66 Page 68
1 know if he was in his car. 1 don't know the whereabouts of 1 you know?
2 him that night. 2 A 1 didn't know. When he said he might be driving a
3 EXAMINATION 3 gray Nissan, 1 had no clue where the car was parked at or
4 BY MR. BARTLETT: 4 where it was coming from.
5 Q Did you notice if any of the texts he sent you 5 But since 1 was sitting there and 1 saw cars and 1
6 were perhaps forwarded texts from, say, somebody else had 6 saw people standing up at the valet stand - and 1 couldn't
7 sent them to him? 7 even tell if it was a Nissan up there until McGinnis drove
8 A No. 1 know they weren't forwarded. 8 by and told me "Female driver."
9 Q Okay. 9 Now, I'm assuming he saw a gray Nissan and that he
10 A These came directly from him. 10 saw a female getting into it, but 1 mean, 1 guess that's
11 Q Well, it would come from him, but you know -- 11 maybe a better question to ask him at this point.
12 A No. There was no - there was no connecting - 12 MR. LOUGHERY: All right. Anything else?
13 Q Where he's just bumping them to you. 13 Thanks, Sergeant.
14 A No. Everything said it was coming straight from 14 THE STATEMENT WAS CONCLUDED AT 12:06
15 him. 15
16 So 1 have to suspect 1 don't know, if he sent 16
17 me something he sent you, how that would show up on my phone 17
18 but -- 18
19 Q There's a way to forward it, which you would think 19
20 it came from him but it really came from me. 20
2 1 A There was nothing that had anything other than his 21
22 name. And 1 and actually, 'cause he's programmed in my 22
23 phone, it just pops up with his name. 23
24 MR. BARTLETT: That's all 1 have. 24
25 MR. LOUGHERY: Go off the record. 25
(17) Page65-Page 68
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Raymond Fernandez
Mar ch 5, 2013
Page 69
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STATE OF FLORIDA
COUNTY OF PINELLAS
C ER TIFIC ATE OF OATH
)
)
I , the u n d e r s i g n e d a u t h o r i t y , c e r t i f y t h a t RAYMOND
FERNANDEZ. pe r s o n a l l y - appe are d b e f o r e me and w aa d u l y s w o rn.
WITNESS my hand and o f f i c i a l s e a l t h i s 1 8 t h d a y o f A p r i l ,
2013 .
Page 70
REPORTER'S C ER TIFIC ATE
STATE OF FLORIDA
COUNTY OF PINELLAS
I , DONNA N. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po rte r,
c e r t i f y that I was au tho ri z e d to and d i d s te no g raphi cal l y
re po rt the s tate me nt o f RAYMOND FERNANDEZ and t h a t the
trans cri pt i s a tru e and complete reco rd of my s teno g raphi c
n o t e s .
I f u r t h e r c e r t i f y t h a t I am no t a r e l a t i v e , empl o yee,
atto rne y o r co u ns e l o f any o f the p a r t i e s , no r am I a
r e l a t i v e o r employee o f any o f the p a r t i e s ' atto rne y o r
co u ns e l co nnected w i th the a c t i o n , no r am I f i n a n c i a l l y
i n t e r e s t e d i n the a c t i o n .
DATED t h i s 18 th d ay o f A p r i l , 2013 .
No tary P u b l i c
Raymond Fernandez
Mar c h 5, 2013
10(2)
4:7;50:11
10:08 (2)
42:21 ;49:25
12(1)
3:23
12:06 (1)
68:14
14(3)
3:22,24;5:18
15(3)
3:4,11;4:7
150(1)
64:23
16(2)
5:17;23:18
18(1)
2:15
200 (1)
4:6
23rd (9)
6:15;8:4;9:4;
12:15;14:1,11;18:16;
55:25;64:12
24th (1)
64:15
275 (1)
38:11
300 (1)
31:10
35 (1)
5:10
43(1)
4:15
5(1)
14:18
57(2)
4:12,13
6( 1)
20:4
600 (3)
4:18,20;20:11
605 (1)
4:20
670s (1)
- 4:21 address (2) around (13)
6,7;36:6;37:24;41:4,
680s (1) 27:9,16 16:2;22:3,19;
25;42:6;44:1;45:20,
- 4:21 advised (1)
65:17
24:21;32:7,23;40:16; 24,25;46:8,15;47:20;
advised (1)
65:17
51:16;52:14,17;54:1; 48:1,2,16;49:15:
7 affidavit (1)
42:17
60:5;64:10
50:4,8;51:21;52:2;
affidavit (1)
42:17
arrest (15) 53:10
7(4) affiliation (1) 9:2,3 ;42:17,22; backed (1)
14:19,24;15:2,3 6:17 43:4,15,24;44:23; 42:5
7:00 (2) affirmative (1) 45:15;46:25;49:25; background (3)
14:15;16:3 37:4 52:3,20;58:17,18 5:7;10:20;13:21
7:08 (1) afterwards (4) arrested (6) bad (1)
15:2 43:14;50:17;56:2; 8:21;44:12;45:3; 34:18
7something (1) 59:1 51:15;55:7;60:12 ball (1)
57:4 again (11)
5:22;14:2;16:18,
arresting (1)
50:18
13:7 again (11)
5:22;14:2;16:18,
arresting (1)
50:18
Bank (12)
8 22,24;24:6;33:3;
34:24;35:8;52:21;
arrests (1) 10:14;12:3;19:13, 22,24;24:6;33:3;
34:24;35:8;52:21;
4:1 16;25:18;27:7,13;
8:00 (1) 54:2 arrive (1) 28:20;31:14,20:
57:5 against (1)
23:20
15:5
Ashley (10)
32:17;33:6 against (1)
23:20
15:5
Ashley (10)
banter (3)
9
agenda (1) 19:20,22;25:18,19, 22:2;32:22;50:23
4:1 21;34:l,2,4;37.i3; bar (17) 4:1 21;34:l,2,4;37.i3; bar (17)
9:57 (1) ago (1) 38:2 8:21,22,24;22:22;
- 42:18 63:25 assigned (1) 24:7,12,14;33:11;
95 (1) ahead (5) 44:14 52:12;58:20;59:18,
61:10 12:11;40:8;43:23; assignment (1) 20,21,23;65:11,25,25
98 (2) 44:19;65:1 45:12 bars (1)
61:10,14 Aiden (1) assume (6) 58:21
6:9 6:16,23;7:3;37:21; BARTLETT (4) 6:9 6:16,23;7:3;37:21; BARTLETT (4)
A
ai n' t (1) 42:12;67:8 61:1;65:3;66:4,24
30:20 assumed (1) basically (4) 30:20 assumed (1) basically (4)
able (6)
alcohol (3) 47:14 8:1;17:11;29:5;
11:18;17:14;
40:24;55:15,18 assuming (5) 45:11
j 38:16;45:22;46:19;
almost (2) 27:7;42:23,25; basis (1)
-j 48:3
28:20;39:16 49:24;68:9 55:15
above (1)
along (1) assumption (3) bathroom (1)
- 30:13 41:22 18:7;27:11;41:8 31:3
Absolutely (1) always (2) astigmatism (1) Bean (7)
47:10 7:23,24 34:19 62:5,11,12,23;
acknowledged (1)
America (12) attention (1) 63:1,6;65:1
40:22 10:15;12:4;19:13, 12:13 became (1)
- across(1) 16;25:18;27:7,13; attorney (18) 58:7
65:25
28:21;31:14,20; 9:16; 11:23,24; becoming (1)
- acting (1) 32:18;33:6 12:6;16:17;22:25; 3:3
21:2 amount (1) 44:2;56:15,19,19,19, beer(1)
! activities (1) 21:7 20,20;57:10,11; 23:18
-i 3:19
ANDRI.NGA (2) 63:18;64:5;65:17 behaved (1)
: actual (2) 36:11;60:24 Attorney' s (1) 58:11
H 5:15;54:22 Androi d (1) 56:20 behind (4)
i actually (28) 62:8 average (3) 25:17;29:4,13,17
i 3:4;6:21;9:25; answered (2) 4:3,6,12 belief (1)
12:22;14:1;15:8; 52:2,20 aware (1) 27:6
16:19;17:14;24:6; anyways (3) 43:5 besides (2)
i 25:6;32:5,14;33:21; 6:3;15:24;45:23 away (9) 12:7;31:12
| 38:23;42:2;44:8,23; appears (1) 5:10,11,14:7: best (2)
-i 47:1;48:16;53:6; 61:9 27:18;59:23;60:6,8; 5:9;65:19
54:21;56:10;57:9;
approached (1)
38:10
65:18,21 better (1)
59:18,22;62:17;
approached (1)
38:10
68:11
64:22;66:22 approximately (2)
9:9;50:12
B bi g (7)
Adam (9)
approximately (2)
9:9;50:12
13:4;14:9;15:23;
5:2,5,12;12:23; area (5) back (30) 49:16;58:3;64:8,25
14:21;22:1;26:22; 6:5;20:9;32:4;
5:12;7:15;11:10; bit (5)
27:22;65:3 35:1;41:6 15:11,21;26:13;35:6, ]2:11;14:I2;
( 1) 10- bi t
Mar ch 5,2013
31:17;40:16;41:7
black (7)
32:24 18;46:3,8;47:17; 58:17;65:14 conducted (1) 31:17;40:16;41:7
black (7)
48:4,5,15,17;49:6,8, children (4) 39:20
20:3,4,4,10;32:8,
10;35:9
c 10,18;50:5;51:24;
52:5,6,22;53:2;54:7,
6:8,11,12,13 confident (1) 20:3,4,4,10;32:8,
10;35:9
10,18;50:5;51:24;
52:5,6,22;53:2;54:7,
CI (8) 3:25
block (7) cab (1) 13,14,15,18,20:55:7, 22:15,18;24:21; confi rm (1)
28:24;39:S,21,24; 59:11 11,14,21,24;60:2,7; 52:1,1,3,8,16 27:22
40:3;59:22;60:5 cabs (1) 66:1;67:10;68:3 circumstances (2) connected (1)
blocking (1) 45:6 care(1) 10:10;45:1 41:9
59:19 call (14) 58:19 CIs (1) connecting (1)
blocks (4) 4:10;6:18;8:6,15; career(2) 52:17 66:12
21:21;27:18; 15:14;17:21;18:5,16; 7:11,23 Ci ty (5) connection (1)
38:11;51:6 31:1;36:18;44:25; carry (2) 2:13;4:4,7;39:24; 12:18
bloodshot (1) 48:9,10;59:20 7:4,5 40:3 consider (1)
40:25 called (30) cars(7) ci vi l (1) 6:1
blowing (1) 4:17,19;8:7,8,9; 11:12;31:22,24; 56:19 consistently (1)
56:1 12:23;14:2;15:11,17, 32:1;34:9;35:24; close (7) 32:20
BMW (5) 21,21,22:16:16;41:5; 68:5 5:23,25;28:23,25; constraints (1)
20:3,4,4,11;35:10 56:6:57:1,9:59:18; car's (1) 31:16;39:10;64:20 44:23
BMWs (1) 62:5,10,10,17,18; 38:14 clue (7) contact(2)
32:10 63:17,20,25;64:1,12, case (7) 11:21;!2:10,25; 15:9;65:18
booze (3) 16,21 12:20;55:15; 14:6;23:5;38:17; contacted (1)
41:13,14,16 calling (4) 56:14,24;57:15; 68:3 15:8
bored (1) 7:25;8:23;15:11; 58:25,25 coffee (2) Continue (1)
32:2 24:1 Cass (2) 11:8;25:5 30:3
both (4) calls (5) 38:20,20 collateral (2) conversation (8)
15:14,15;30:1; 8:5;30:14;58:20; catch (1) 8:18,25 17:2,3,7,9;19:15;
67:16 59:16,17 57:19 color (1) 23:19;26:1;56:7
bothered (1) came (12) caught (1) 35:25 conversations (2)
65:21 5:12;16:4;25:20, 40:11 Colorado (1) 22:6:65:15
bottle (1) 21;41:6;44:1;47:19; cause(50) 6:7 cop( l )
16:20 48:2;62:11;66:10,20, 9:12,22;11:5,7; coming (11) 25:15
breaks (1) 20 13:5; 15:14:16:15; 12:22;24:9;46:9, cops (1)
67:18 Campbell (34) 17: i 8,25;19:15;22:2; 10,11;47:15;51:21; 56:21
breath (1) 8:15;9:6,19;10:3, 23:12;26:17;27:10; 55:I5;65:23;66:14; co-registered (1)
40:24 25;11:1,2,5,9,10; 28:1,1;30:12;31:1; 68:4 36:14
bri ef (1) 12:7;14:2,4;16:9,13; 32:13,14;35:25;41:2, comment (2) corner (2)
5:7 17:15,19,19,22,25; 20;42:13;44:15; 52:3;63:18 34:5;38:4
bri ng (1) 18:3,7,10,20,22,23; 46:4;48:12;49:8,11; comments (1) corpora] (2)
59:17 20:2,3;30:7;33:10; 51:14;53:3,25;54:1, 64:4 3:6,9
broken (1) 41:8;43:24;50:11; 14,15;56:22;57:3,18, common (1) corporals (2)
22:3 53:23 19;58:7;59:3,16; 2:10 3:23;44:25
Bruce (1) Campbell's (1) 60:14;61:23;62:15, commonly (1) correlate (1)
60:24 16:4 17;63:19,23;65:21; 62:4 55:18
Bubba (5) can (23) 66:22 communicating (1) correlated (2)
12:12;13:4,17; 4:1,4;9:8;12:19; cell (8) 47:13 41:22;57:6
56:14;57:14 15:13;28:18;31:17; 6:23;7:3,8;47:12, communication (12) couple (8)
buddy (5) 34:8;35:22;36:11; 16;53:20;61:6;63:9 8:19;9:5,9;14:20; 21:21;27:17;29:8;
9:23;12:22;14:5; 37:3;39:11;49:7,8, center (3) 16:4;26:7;51:12,20, 38:11;50:4;51:5;
56:15;57:9 10;55:16;62:22;64:5, 34:7;38:6,13 23;52:8,23;53:12 60:23;61:4
bui l di ng (14) 6,7,22,25;67:12 certain (1) communications (10) course (3)
9:15,22,22;11:24; capacity (1) 34:8 22:7;26:3:32:18, 41:12;54:25;58:12
12:1,2,4;16:17; 8:7 change (2) 20;36:8;50:13,16,25; court (2)
19:14,16;28:21; capsules (1) 7:19,25 52:21;56:4 12:23;57:5
31:14;57:12,13 33:4 changed (2) compartmentalize (1) courthouse (1)
bumpi ng (1) car (73) 7:10,18 25:25 12:24
66:13 9:21;10:14:19:11; Charles (9) complaint (1) courts (1)
bunch (3) 22:3,4;25:9;28:21; 11:2;17:19,22; 42:17 21:10
13:13;24:18;35:12 31:12;32:5;35:14; 18:3,20,21,22;20:2,2 computer (2) coverage(1)
business (1) 36:9,14;37:10,11,12, check (3) 62:13;63:5 12:12
54:3 12,15,17,19;38:1,18; 47:1,5;51:18 concerned (1) cow (2)
busy (2) 40:9;41:4,24;42:1,3, chewing (1) 65:9 56:15,25
13:9,11 5,6,9;43:2,6,8,25; 56:10 CONCLUDED (1) credibility (2)
buyi ng (1) 44:7,13:45:3,4,7,8, chief (2) 68:14 23:25;24:3
(2) black - credibility
credible (1) 4:23 drinks (4)
23:24 desk (1) 9:17;24:16,17;
crime (2) 19:11 32:25
8:6,6 details (1) drive (32)
crimes (1) 54:7 10:9;16:22;19:13;
4:5 determine (1) 20:11,24;26:14,15;
cri mi nal (1) 46:21 27:7;28:18;29:2;
56:19 Diaco (1) 31:10;33:18;35:2,4,
Crown (2) 56:16 8;36:3;37:3,13;
67:19,21 difference (5) 45:22;46:19,22;
cuffs (1) 23:6,7,23;28:22; 47:21;48:3;49:11,13,
50:22 42:11 14,15,18;59:10,24;
currently (1) different (8) 60:17;67:16
20:19 6:7;7:19;10:12; driven (1)
I4:13;21:l 1;55:9; 36:6
D 58:21;59:2 driver (10)
differently (1) 36:7,7;37:6,7,8;
dangerous (2) 58:11 38:17;40:11;54:20;
59:25;60:2 dinner (9) 67:11;68:8
dark (2) 5:16.11:7;22:10; drivers (4)
34:18;35:25 24:25;25:4,9;26:4; 23:13,20;58:18,18
date (1) 29:5,14 driver' s (10)
9:12 directions (1) 20:19;26:17,22;
day (12) 33:25 27:2;40:13,20,23;
3:21;7:15;10:12; directly (1) 42:4;44:12;45:3
12:23;22:3;56:6; 66:10 drives (4)
62:18;63:25;64:17, discretionary (1) 9:17,21;10:14,17
18,20;65:7 21:8 dri vi ng (18)
days( l ) discussion (2) 14:3;18:25;20:18;
64:23 67:1,22 21:5;30:7,9,15;32:7,
daytime (1) distinguish (1) 15;37:15,20;38:15,
3:18 55:16 16;41:15;54:14;
deal(8) diverged (1) 60:14;67:13;68:2
15:24;44:13;45:9, 30:15 drove (9)
14;49:16;58:3;64:8, dividers (1) 16:19;30:8;34:21;
25 34:7 35:16,17,22;36:2;
dealing (3) DL( 3) 60:8;68:7
45:3,4;53:23 10:21;35:12;36:12 dr ug( l )
decided (1) documented (1) 60:22
7:22 55:23 drunk (13)
defensive (1) done (4) 9:16,17;16:22;
58:7 2:23;6:20;13:)7; 23:13,20;26:15;30:7;
definitely (4) 62:21 47:1;58:18,18;59:21,
6:25;40:3;58:14; door ( l ) 25;60:11
60:20 42:4 DUI (17)
delete (2) down (7) 2:25;3:3,5,18;4:1,
62:4;64:11 16:20;22:3;27:14; 3,10,23;6:18,22;
deleted (1) 32:6;41:5;60:6; 44:22;46:22;55:7,11,
63:4 67:19 14,22;60:12
deleting (1) download (1) DUIs (2)
63:2 62:13 4:2;55:9
Department (3) downtown (3) duly (1)
2:13,21;7:17 31:4;33:23;38:16 2:4
depend (1) dr ag( l ) Duri ng (10)
31:7 34:1 7:13;8:8;12:14;
depending (1) dri nk (4) 30:20;31:20;32:16;
61:22 8:23;16:20;4l:l, 50:11;51:1;53:22;
depends (5) 18 61:10
21:12,17,18;31:8; dri nki ng (12) duties (1)
45:1 10:4,8,13;14:2; 2:20
description (2) 16:18;19:12;20:16, dut y( l )
19:12;32:1 24;22:1;41:10,20; 7:4
designate (1) 59:10
Raymond Fernandez
Mar ch S, 2013
earlier (2)
14:17;52:7
early (3)
15:6;30:20;57:3
easier (1)
7:23
eat(4)
22:5,10;25:9,14 .
edge (1)
21:16
edited (1)
29:8
either (7)
4:21;15:20;29:19;
36:9;44:24;50:25;
54:18
elevator (1)
8:9
else (13)
8:20;21:13;23:8;
30:17,21;33:17;36:6,
9;43:2,6;53:14;66:6;
68:12
emergency (1)
39:15
employed (1)
2:12
end (3)
10:20;44:6;53:15
ended (2)
15:10;60:12
enforcement (9)
2:22;3:1,3,5,15,17,
17,18;8:6
enough (1)
63:17
episodes (1)
25:25
equipment (1)
39:15
errati c (1)
20:18
especially (1)
5:23
even (26)
6:1,4,19;7:4;
11:15;12:19,25;
16:15;19:15;23:16,
16;27:12;28:10;
29:12,24;31:25;36:9;
37:10;39:22;42:6;
43:5;48:10;59:2;
63:16:67:17;68:7
evening (5)
14:16,21;16:13;
53:13;64:12
eventually (1)
6:2
everybody (2)
24:18;41:2
exact (2)
9:12;14:25
exactly (5)
24:8;38:3;39:10;
42:10;52:25
EXAMI NATI ON (3)
2:6;66:3;67:2
examined (1)
2:4
example (2)
14:1;59:8
except (2)
10:12;38:17
Excuse (1)
12:1
exit (6)
19:19;25:18,23;
34:15,16;67:25
exits (2)
19:20,21
expect (1)
20:7
expecting (3)
40:11;53:3,4
experience (1)
3:2
explain (1)
58:15
eyeball (1)
34:12
eyes (2)
40:25;41:17
face (2)
18:24;37:17
facing (2)
37:22,23
fact (4)
29:11;32:8;42:9;
58:24
fai r (7)
4:2,8;6:18;16:2;
28:20;36:17;53:22
families (1)
.6:5
family (1)
5:24
far (4)
38:4;39:7,21;65:9
feel (4)
30:5;54:10;60:18,
22
feet (1)
40:16
Female (12)
36:7,7;37:6,7,8;
38:I7;40:11;51:24;
52:2;67:11;68:8,10
females (2)
35:11,12
FERNANDEZ (3)
Kanabay Court Reporters - Serving the Tampa Bay Area (3)
credible - FERNANDEZ
Mar ch 5, 2013
2:3,9,10 found (2) 40:19 25:24;33:3;50:19 10:9
F-E-R-N-A-N-D-E-Z (1) 45:20;48:1 government (1) head (3) identified (1)
2:11 four (9) 7:16 27:12;29:1;35:13 46:15
few (2) 2:25;3:6,10;6:6, gray (7) headlights (1) imply (1)
6:22;51:10 10;32:21;38:7; 35:8;36:4,18,25; 37:16 24:12
field (1) 42:14;61:19 37:5;68:3,9 hear(3) i mportant (3)
51:15 frame (5) group (2) 8:22;12:16;27:21 .9:13:63:12,17
figure (1) 18:5;31:13;50:11; 4:23;57:7 heard (4) impound (8)
40:2 51:1;53:22 guard (1) 4:18;14:12;27:20, 44:22;45:2;46:2,4,
fi guri ng (1) frequently (2) 40:11 22 5,17;48:5;50:3
27:15 32:22;55:10 guess (8) held (2) impounded (1)
filled (1) fri end (2) 20:25;22:24; 67:1,22 54:18
42:18 5:9;6:1 23:22;37:22;52:18; help (1) i mpoundi ng (1)
Filthaut (23) friendly (2) 56:21;67:4;68:10 62:23 45:8
5:2,3,4,5;6:16;8:5; 22:2;50:23 guessing (1) herein (1) impression (2)
11:22;13:2;14:21; friends (3) 16:10 2:4 10:3;22:I1
22:11;26:2;32:19; 5:15;6:2,3 guy (40) Here's (2) i mproper (3)
33:10;35:2;41:10; front (12) 8:21;9:15;11:3,11, 7:6;54:25 39:20:40:21,22
50:13;51:24;52:22; 32:6;33:15;34:13; 21;12:7,10;13:1; Hey (26) inaudible (1)
53:14;56:4;59:9; 35:16,18,22;36:3; 15:3;16:16;18:1; 8:9,21;9:14;10:1; 3:6
65:3,16 37:3;38:1;39:12,16, 19:11;20:2,17;21:4, 12:23;15:10,19; i nformati on (40)
find (5) 19 15,16,18;26:15;28:2, 16:17;18:8;26:8; 9:25; 10:1,6; 11:4;
10:25;11:4;23:10; ful l (1) 14;29:2;31:1;41:10; 27:22,23;32:24,25; 13:21;16:13;19:25;
27:17;44:9 18:17 48:8;51:15;53:2,5, 35:8;36:3,22;37:3; 20:8;22:19;23:7,23;
fine (3) 11,11;55:6;56:12; 44:9;45:17;46:3; 24:9,11,20;26:16;
21:5;49:23;61:17
f i r m (3)
G 57:1,6,10:59:23;
60:4,5,8;67:12
48:3,19;49:5;50:17;
51:18
28:6,14;35:1;36:18,
24;37:7;41:9,23;
21:5;49:23;61:17
f i r m (3)
57:1,6,10:59:23;
60:4,5,8;67:12
48:3,19;49:5;50:17;
51:18
28:6,14;35:1;36:18,
24;37:7;41:9,23;
13:3;56:16;57:19 garage(2) guys (13) high-profile (1) 42:3,5;45:20;49:4;
fi rst (7) 19:17;67:25 4:11;14:17,17; 58:25 52:11;54:10,13;58:8,
2:4;5:2;6:16;15:9, gave (18) 15:1;17:10;21:4,19; himself (1) 11;59:8;61:7;64:6,8,
12;16:13;47:19 7:11,13;9:18,24; 23:1;30:1;31:10; 47:17 22,25;65:10,23
five (7) 17:18,19,21;18:20, 34:23;54:21;57:17 history (1) i nfracti on (2)
6:10; 15:5,6; 17:10; 21,21;19:10;24:3,ll; guy's (12) 18:25 21:12,15
32:21;42:14;61:19 42:2,4;50:3;53:20; 8:10;18:9;21:5; hit (2) i ni ti al (2)
follow (11) 61:6 28:10,18:50:18,22; 56:11,13 26:1;54:22
8:19;20:11;21:4,8,
16,19,20;30:8;31:22;
general (4) 51:18,19:59:9,19,20 Holy (2)
56:15,25
i ni ti al l y (3)
15:17,18:47:25
8:19;20:11;21:4,8,
16,19,20;30:8;31:22;
8:17; 10:6,7;51:10
Holy (2)
56:15,25
i ni ti al l y (3)
15:17,18:47:25
45:13;59:12
followed (9)
gentleman (3) H home (16)
9:17;10:9,17;
innocent (1)
48:6
45:13;59:12
followed (9)
16:14;44:1;48:16
home (16)
9:17;10:9,17;
innocent (1)
48:6
31:24,25;32:5,9, gets (2) half (7) 16:19,19,22;19:13; instance (2)
15;34:9;37:19; 9:16;48:16 2:15;9:12;18:6; 20:24;27:8;28:11,15, 59:17,22
49:19;67:7 gi rl (8) 28:24;53:13;61:16, 19;49:7,14,18;65:25 instant (1)
following (4) 44:9;47:7;52:5,6, 16 honest (4) 24:3
29:12;32:1,10; 22;53:3,6;65:11 handcuffs (2) 30:17;32:2;59:1,3 instantly (2)
51:1 gi rl fri end (2) 42:7;51:19 honestly (13) 40:9,12
follows (1) 49:15,19 handed (3) 15:23;22:9;25:5;' i ntel (8)
2:5 girls (3) 40:23;42:3;46:7 40:10;50:2;51:5,14; 8:11;19:10;20:16,
forced (1) 24:18;32:24;65:24 handled (1) 52:25;53:4;55:13; 23;21:2;41:20;
38:11 giving (4) 59:2 57:3,19;65:6 58:19;59:7
forces (2) 18:17;22:13; hang (3) hope (1) intent (1)
38:22;39:2 50:19;52:16 8:10,22:33:18 52:1 30:8
forfei ture (1) glassy (2) hanging (2) hour ( l ) intentionally (1)
54:16 40:25;41:17 23:1;32:4 53:14 55:2
forget (3) God (2) happen (1) How' s (1) interest(1)
15:9;25:5;49:14 21:10;28:17 45:9 61:17 65:19
f orm (3) godfather (1) happened (7) huge( l ) intersection (1)
24:12,19;26:7 6:12 25:4;30:18;47:14; 12:3 37:24
f ort h (1) goes (8) 51:9;55:7,25;62:24 hungry (1) interstate (3)
5:17
f orward (1)
9:16;19:23;25:14;
33:22;57:16,21,23,
happening (1) 25:15 21:19;39:1,5
interviewed (1)
5:17
f orward (1)
9:16;19:23;25:14;
33:22;57:16,21,23,
36:21
21:19;39:1,5
interviewed (1)
66:19
forwarded (2)
25 happens (2) I 13:19 66:19
forwarded (2)
good (4) 30:23;34:25 into (10)
66:6,8 5:15;14:10;22:18; hard (3) identical (1) 22:24;34:17,21;
MiR-t >erpt* Kanabay Court Reporters - Serving the Tampa Bay Area (4) F-E-R-N-A-N-D-E-Z - into
Mar ch 5,2013
49:18;54:21,22;58:5; knew (22) 47:4,21,22;48:4,17, 37:23 4:18;9:5;18:6
62:13;63:5;68:10 5:10,11;12:6,19; 18;49:6,11 mai n (2) Mercedes (2)
involved (3) 15:2,6;20:23;24:5, life (1) 3:18;34:1 32:8,14
12:20;13:3;25:2 22;26:14;35:11,21; 47:7 maj ori t y (1) message (9)
irrelevant (1) 36:23;41:5;45:12; li ght (1) 7:23 22:15;25:7;26:7;
46:23 46:4,I8;52:4,6; 37:25 Mal i o' s (18) 29:19,21,22;35:18;
56:17,22;57:7 little (8) 9:17;10:13;16:18; 36:3;54:19
J known (3) 2:25;5:7;12:11; 19:12;22:12,21; messages (5)
5:9,18:58:10 14:12;31:17;33:3; 26:14;27:18;28:18, 22:7;26:2;51:17;
j ai l (1) knows (2) 40:16;41:7 22;31:17;33:15,22; 62:17;64:12
50:21 6:16,19 live (2) 34:3,4,13,17;41:11 messing (1)
January (6) kosher (1) 27:23;52:11 Man (2) 54:1
6:15;8:4;9:4,4; 49:23 lived (4) 22:15,18 met (1)
14:1,11 K-park (1) 26:20;27:2,17,24 manager (2) 25:16
Jelly (7) 33:23 lives (7) 58:21;59:20 mid-block (1)
62:5,11,12,22; 27:24,25,25;28:2, many (4) 39:24
63:1,6;65:1 L 3,4;29:2 7:11;21:10;61:13, mi ght (10)
j ob (3) l i vi ng (1) 22 8:22;12:14;26:17;
3:18;58:17,18 lady (1) 28:7 margari ta (1) 28:7;32:21;35:8,19;
Joe (6) 49:8 location (5) 16:21 55:20;64:18;68:2
15:3;19:10,21; lane (8) 25:17;26:5;33:6,7; marked (2) Mi k e( l )
25:7;26:ll;29:18 38:5,6,13,21;39:4, 37:21 67:13,16 9:25
joke (2) 8,12,13 locations (4) marri ed (2) miles (1)
44:2;52:17 lanes (5) 30:14;34:9,11,12 5:14,17 31:10
joked (1) 38:4,5,21,23,24 long (8) match (1) mi nd (4)
24:21 laptop (1) 2:14,18,23;5:8; 31:25 23:12;39:25;41:9;
j oki ng (5) 25:7 11:6;17:9;49:24; matter (1) 67:8
22:3,16,19;32:23; last (4) 50:2 58:23 mi ni mum (1)
51:16 16:19,24;25:14; look (10) may (5) 21:7
j ump (2) 36:8 4:2;18:1;36:19; 26:15;27:23;35:2, mi nute (2)
12:11;49:17 late (1) 48:3;49:5;60:5,6; 2,4 50:11;63:24
j umped (1) 15:6 63:9,21,21 maybe (14) minutes (8)
46:2 lately (1) looked (7)
11:15;14:25;25:6;
4:7;13:6;15:21;
21:25;27:13;35:10,
15:6,6;32:21,22;
42:15;49:25;50:4;
22:24
looked (7)
11:15;14:25;25:6;
4:7;13:6;15:21;
21:25;27:13;35:10,
15:6,6;32:21,22;
42:15;49:25;50:4;
K later (9) 29:19;32:14:56:11;
60:7
13,14;38:7;51:10:
55:8;63:11;64:9:
51:10
mi r r or (1)
11:3,8; 19:6,7;
29:19;32:14:56:11;
60:7
13,14;38:7;51:10:
55:8;63:11;64:9:
51:10
mi r r or (1)
keep (2) 27:I7.21;50:1:53:13, looking (6) 68:11 29:20
54:11;63:12 14 20:1;35:9,9,15,22; McGi nni s (29) mission (1)
Kennedy (3) law (6) 42:16 14:18;29:12,14,19; 30:11
27:14;32:6;34:4 5:10,11;8:5;13:3; looks (2) 33:14;35:7;36:3,9, MJ ( 1)
ki d (1) 56:16;57:19 40:1;42:21 19;37:5,11;41:5,25; 12:13
22:21 lead (1) loop (1) 42:1,2,7,13,19; Mm- hmm (12)
ki ddi ng (3) 24:19 21:23 44:16;45:15;46:1,3; 7:21;21:6;22:17,
52:14;57:24;58:4 least(2) lot (8) 50:3,12,15;51:11; 23;25:11;36:1;
kids (3) 34:15;42:17 8:23;10:15;25:21; 54:19;67:17;68:7 37:18;39:3,6,9;56:3;
5:20;23.i5;62:23 leave (5) 32:18;46:25;54:1,21; mean (47) 61:8
ki l l i ng (2) 29:18;44:I9;46:4; 58:10 4:3;5:25;6:7;8:9; moment (1)
30:22;32:11 47:2;55:2 lots (1) 11:5,12,22;12:3,12; 30:12
ki nd (SO) leaves (1) 31:11 14:25;17:4;20:7,10, mom's (3)
4:1;6:18;9:13,21; 26:8 LOUGHERY (10) 12,17;22:5,5;24:13, 48:4,5;49:6
10:23;12:11;15:13; leaving (13) 2:7;3:12;36:16; 19,21;29:10;30:I3, month (6)
21:7;22:6;25:1,1,12, 8:2I;32:25;33:5,9, 60:23;61:3;65:13; 18;31:24,25;32:21; 4:6;8:14;9:l l ,l 1;
25;26:11;27:15;29:4, 10,11;35:19,21,21; 66:25;67:3,23;68:12 33:16,16;38:18; 18:6,6
6,25;30:5,19;32:2, 36:22,23:44:7;59:21 lying (1) 44:16;45:2;47:8; more (15)
11;33:8,22;35:9,24; led (3) 41:18 50:23;53:10,16;54:5, 8:16;21:20;22:1,7;
36:21;37:23;40:10, 9:2,3 ;28:10 Lyon (2) 13;55:8,13;58:4,10, 24:16;25:2;30:22;
10,15,16,22;47:13;
48:5;50:5,12,19,23;
left (5) 9:25;10:19 16;59:8;61:12,16;
63:20;68:10
34:12;39:5;51:10,12, 10,15,16,22;47:13;
48:5;50:5,12,19,23;
19:24;25:4,6;
16;59:8;61:12,16;
63:20;68:10
16,17;60:23;61:4
51:11,16,20;52:20;
53:4,14,21;54:8;
32:15;50:3
license (19)
M media (1)
56:1
morni ng (2)
57:4,4
51:11,16,20;52:20;
53:4,14,21;54:8;
32:15;50:3
license (19)
media (1)
56:1
morni ng (2)
57:4,4
55:12;60:18;64:10 20:19;26:17,22; ma' am (1) mention (2) most (6)
kinds (1) 27:2;40:14,20,23; 2:2 54:6;55:11 4:4;6:25;7:22;
11:4 42:4;45:21,22;46:22; Madison (1) mentioned (3) 22:9;58:14;60:20
V-in-i s
t
-!,! Kanabay Court Reporters - Serving the Tampa Bay Area (5) involved - most
Raymond Fernandez
Mar ch 5, 2013
motorcycle (2)
59:24,25
Mot roni (2)
48:22,-53:8
mouth (1)
5:23
move (1)
23:1
moved (2)
31:16;33:7
much (9)
5:21;9:14;13:20;
21:13;41:1;43:17;
44:6;51:21;59:18
mud (1)
60:22
multiple (2)
7:18;11:10
must (2)
48:12;57:18
N
name (17)
2:8;9:18;10:14;
12:16,16;16:4;17:18;
18:9,17;47:8,8;
48:20;53:6,6;55:3;
66:22,23
named (3)
I2:6;19:I1;20:2
names (1)
55:23
name's (1)
59:19
nature (1)
43:11
necessarily (1)
53:24
need (3)
31:2;44:9;45:17
needed (1)
46:16
needs(1)
64:24
new (1)
62:8
news (5)
44:3,5;56:11,12,13
next(13)
19:18;21:24;
28:12;34:25;37:9,11;
39:24;40:3;56:6;
62:17;63:25;64:16,
18
night (15)
10:4;11:9,16;12:9;
16:18;17:15,20,21;
23:2;27:6;28:5;
30:20;31:10;34:18;
66:2
nights (1)
31:5
nighttime (3)
3:17,19;4:2
Nissan (17)
35:3,8,10,19;36:4,
1 4,18,25;37:5;43:3;
51:2;67:4,7,24;68:3,
7,9
normal (1)
20:6
normal l y (3)
54:12,17;60:16
north (2)
33:20,22
northbound (5)
25:21;37:12,19;
38:1,10
nother (1)
32:24
notice (1)
66:5
number (12)
6:24;7:20,24,24;
8:2,2,3 ;53:21,21,22,
22;67:5
numbers (1)
7:25
O
observe (2)
20:11;31:7
obviously (13)
4:4;5:10,14,I5;
9:22;12:12;14:13;
42:24;43:8;44:13;
45:18;48:12;56:14
occurred (2)
48:12;50:13
occurring (1)
48:11
odor (1)
40:24
off (14)
5:2;6:16;16:7;
21:5,22;27:2;29:5;
30:15;40:11;45:16;
46:2;66:25;67:1,22
office (4)
6:21;11:23;19:4,9
officer (24)
3:5;4:8;9:25;
10:19;14:18;20:7,21;
21:22;26:5;29:4,11;
31:7,8;36:2;37:11;
41:5;42:2;46:1,3;
50:3,14;54:14,19;
55:14
officers (6)
3:22,23;4:1,22;
21:8;3I:5
old (1)
63:2
once (4)
39:23;40:9;45:15;
48:15
one (28)
4:10;5:20;6:13;
7:8,9,11,12,24;8:1;
12:23;15:23;17:10;
22:15;23:18;26:12;
30:19;32:5;33:20,21;
39:2,5;42:18;44:22,
24;46:5;61:1;67:8,18
online (1)
63:5
only (6)
3:14;33:16,17;
34:8;44:10;67:12
onto (3)
19:20,21;39:1
operating (1)
62:8
opportuni ty (1)
12:14
opposed (4)
8:23;10:6;24:16;
67:25
orderi ng (1)
24:17
others(1)
30:13
out (62)
5:16;6:4,4;8:10,
22;9:23,25;10:1;
l l :5;15:l ;16:18;
17:10;20:9,11,21;
21:23,23;23:1;25:12,
13,20,2I;26:11,14;
27:12,15,17:32:2,4;
33:16,18,18;36:10;
37:10,12,12,16;40:2,
9,12,15;41:25;42:1,
6,18;43:2,2,6;45:3,
21;46:3;48:1,16;
54:11;55:3,17;59:3,
19,23;60:7;62:11;
67:24
outside (5)
6:1:31:14,20;
32:17;33:6
over (11)
2:25;19:23;21:B;
33:18;36:19;41:6;
43:19;44:20;50:12;
51:9,11
own (8)
7:8,13,24;23:12;
27:12;28:16;29:1;
35:13
owner (4)
48:6;54:8;58:21;
59:18
owners (1)
58:20
P
paint (1)
13:7
pai ntbal l (2)
54:2;56:23
Palifax (1)
27:5
Palmira (1)
27:5
paperwork (2)
25:13;29:6
paraded (1)
15:1
park (2)
33:23,24
parked (6)
31:13;33:13,17;
34:9,11;68:3
parki ng (6)
10:15;19:17;
25:21 ;31:11;32:18;
67:25
part (1)
4:4
parti cul ar (2)
2:20; 14:4
party (1)
36:14
passenger (2)
44:13;49:18
passengers (2)
45:6;55:17
passenger's (1)
47:1
patrol (1)
31:6
pattern (5)
20:18;30:9;32:8,
15;60:15
pay (1)
7:8
paying (1)
12:13
PD( 2)
3:14;7:7
PD's (1)
6:21
peel (1)
21:5
people (12)
7:25;8:10,22;
23:17;35:23;48:21;
55:14,20,21,23;
60:16;68:6
percent(3)
4:12,13,15
perhaps (1)
66:6
period (2)
21:24;61:11
person (5)
4:10;12:17;24:5;
48:20;55:16
personal (5)
6:23;7:3,8,9;58:20
personally (3)
21:20;25:2;31:10
pertinent (1)
34:25
Phil (7)
9:6;12:7;14:2;
16:4,13;18:6;30:6
Phi l l i p (15)
9:19;10:24;11:1,2,
5,9,10:17:15,19,25;
18:3,10,21,23;20:2
phone (32)
6:24;7:3,8,12,12,
13;8:5;14:25;17:2,3,
7,9,21;18:5,16;22:9;
47:12,16:53:20;
56:10;59:19;61:6;
62:2,3,6,12:63:9,14,
21;64:2;66:17,23
pick (2)
45:7;49:20
picked (2)
53:2,5
picking (1)
45:7
picture (2)
21:23;48:19
pissed (1)
56:8
places (2)
6:7;33:17
plan (1)
7:16
planted (1)
40:1
played (3)
13:7,11;56:23
playing (1)
54:2
plug (2)
62:13;63:5
point (31)
7:11,12:9:24;
11:11 ;16:8,10; 19:2,
3,5;20:21;22:9,15;
25:1;26:7,24;27:1;
29:3;33:20,21;38:6,
19;43:9,21;44:8;
51:2I;53:15;57:3,18;
58:7;60:25;68:11
Police (8)
2:13,21;3:25;7:16;
54:6,10;55:3,10
politically (1)
59:4
pops (1)
66:23
position (1)
31:6
(6) motorcycle - position M k- l ' Scnpp- Kanabay Court Reporters - Serving the Tampa Bay Area
Mar ch 5, 2013
possibility (2) pulls (2) 7:14;28:16 ride (1) saw (15)
28:6,14 33:16;48:15 received (5) 47:13 18:2;20:10;27:2;
possible (2) purpose (1) 8:4;9:5,8;14:20; ride-along (1) 29:20;35:12,23;41:8;
36:24;61:12 30:6 28:13 6:20 43:8;47:8;56:11,14;
potential (1) put (14) receiving (1) right (88) 68:5,6,9,10
8:6 5:22;13:14;22:9; 26:3 2:12;4:13,20,25; saying (8)
potentially (1) 23:25;33:3;42:7; recent (1) 6:14;8:13,16;9:1,6; 8:19,23;15:18;
14:3 43:24;54:12,15,17, 36:18 11:1,14;14:8,11,14, 16:7;18:13;52:19;
prep (1) 18,21 ;55:14,20 recognize (2) 16,21;15:4;16:11; 54:4;59:12
56:24 putting (2) 47:6;48:23 17:8:18:4,15,24; scared (1)
prepping (1)
13:13
50:22;51:19 recognized (1)
40:13
20:15;21:2,22,24; 29:21 prepping (1)
13:13
recognized (1)
40:13
23:21;24:4,25;28:17; scenario (3)
preserved (1)
Q
record (3)
66:25;67:1,22
29:3,23;31:9,12; 47:14;55:1;60:15
63:10
record (3)
66:25;67:1,22
32:6;33:12,23;34:4, scenarios (1)
press (1) quick (2) records (2) 24;37:1,4,24;38:12, 59:7
12:12
pretty (10)
42:13;50:7 15:1;53:20
rectify (1)
21,22,23;39:2,4,12,
18,23;41:4J9,21;
scene (1)
45:10
12:12
pretty (10)
15:1;53:20
rectify (1)
21,22,23;39:2,4,12,
18,23;41:4J9,21;
scene (1)
45:10
5:21;9:14;18:8;
21:13;32:20;36:15;
R 17:16 42:3,13;43:18,20,22;
45:5;46:6,14,17,20,
Schnitt (1) 5:21;9:14;18:8;
21:13;32:20;36:15;
reference (1)
42:3,13;43:18,20,22;
45:5;46:6,14,17,20,
57:7
42:13;43:17;44:6; ramifications (1) 8:5 24;47:11,18,24; school (2)
56:8 59:4 registered (1) 48:11;49:23;50:8,24; 5:10,11
preventive (1) ran (9) 54:7 51:7,22;52:4;53:18; second (2)
59:15 11:3; 18:2,2,22; regularly (1) 54:23;58:6,22;59:21; 10:2;44:10
previous (2) 35:12;45:20;46:1; 18:8 60:1,13,21;62:20; seeing (2)
41:9;64:3 48:16,18 relating (1) 63:13,20;64:24: 18:22;30:22
previously (1) rank ( I ) 17:4 68:12 seized (1)
9:6 2:16 relationship (2) ri ght-hand (3) 54:16
pri mari l y (1) rarely (1) 5:23,25 38:5;39:7;40:5 self-initiated (1)
53:23 44:22 released (2) RNC (1) 4:14
pri or (12) Ray (4) 54:20;55:12 7:13 send (4)
3:3;6:14;8:4,14; 58:3;59:19;60:4,6 relevant (1) road (1) 17:10;21:22;29:5;
9:4;12:15;17:11; RAYMOND (2) 55:6 33:22 61:24
36:9;39:24;48:10; 2:3,9 relocate (1) rolled (1) sending (1)
52:3;58:8 read (2) 33:19 60:6 51:17
prisoner (1) 12:16;55:10 remember (19) round (2) sent (21)
44:17 real (7) 9:12,15;17:25; 24:17;32:24 9:25;10:19;20:21;
probably (10) 32:2;37:15,20; 18:22;19:15;22:8,15; ruled (1) 22:14;25:7;29:19,21,
4:6;5:18;9:11; 38:4,9;59:1,3 32:13,13;38:3;48:20; 21:10 21;35:6,6,7;36:2,6;
17:25;19:12;21:20; realized (2) 50:15;51:14,14,25; run (7) 53:6;54:19,20:61:22;
28:11,23,25;59:2 46:16;50:10 52:2,25;53:7;56:10 2:22,25;3:19;11:9; 66:5,7,16,17
probl em (2) really (33) report (5) 19:4;20:18;40:13 Sergeant(8)
10:24; 11:2 9:13;22:14;23:4, 54:6,10,22,22:55:3 runni ng (3) 2:17,18,20;3:3,14,
procedure (1) 11,23;25:10;33:17; REPORTER (1) 10:21;46:16;64:10 19;6:17;68:13
20:6 34:18,18,23;35:23; 3:8 runs (1) Series (2)
procedures (1) 38:15,18,18;51:21; reports (6)
29:9;31:21;42:16,
58:21 20:4,11
44:11 53:16,19;54:7,12,15,
reports (6)
29:9;31:21;42:16,
set (1)
professional (1) 17;55:6;56:17;57:6; 24;55:10,22
representing (2)
S 42:5
8:7 58:4,8,19,23;59:25;
24;55:10,22
representing (2)
seven (2)
programmed (1) 60:11;64:8;66:20; 13:3,4 safety (1) 3:5;61:20
66:22 67:9 responded (1) 33:21 several(2)
prosecuted (1) reamed (1) 53:10 same (12) 31:24,34:9
55:9 58:5 response (1) 9:14;10:9;11:7; sheet (5)
provide (2) rear(1) 35:18 12:17;17:11;28:21; 46:2,4,7,17;50:4
7:7;19:25 29:20 responsibility (1) 37:11;46:13;48:7; shi rt (1)
pul l (3) reason (4) 44:15 56:18,20:60:15 22:9
11:18;17:14;21:13 30:9;46:21 ;47:5; rest (2) Sarge (1) shortly (2)
pulled (11) 54:11 4:7;14:18 11:4 16:2,3
25:17;26:18;27:1; reasonable (1) result (1) sat(10) show (3)
29:4,11,18;37:10,12, 20:13 15:20 6:21;11:5,6;29:8, 41:25;42:1;66:17
16;46:13;51:9 recall (7) retain (2) 25;30:4;33:21;41:4; showed (1)
pul l i ng (4) 17:2,3,7:18:11,13; 61:25;64:5 42:9;59:22 48:8
32:2;36:10;37:12; 42:6:51:25 retained (1) Saturday (1) sic (1)
46:2 receive (2) 64:23 13:10 45:21
Mi5vS'->i='sni'' Kanabay Court Reporters - Serving the Tampa Bay Area
(7) possibility - sic
Mar ch 5,2013
side (9) sort (2) 12,15;50:10;55:11 38:4 61:11
14:5;39:16,16; 4:9;14:20 stopped (11) sworn (2)
till (1)
40:5,6,7;57:20,21,22 sound (1) 4:14;11:12;12:9; 2:1,4 43:12
silhouettes (1) 61:12 25:9;31:6;39:19,24; system (1) time (49)
34:22 sounds (1) 40:9;50:18;51:18; 62:8
7:5,19;8:11;9:16,
silver (2) 43:1 60:14 18;14:3,9,25;15:3,
35:3;36:4 south (9) straight (4) T 24,24;16:3,19,24;
silver-grav (1) 25:19,22;27:2,8, 39:1,4,12;66:14 17:12,13,18;18:5;
35:3 25;28:2,3;40:6,7 street (3) tag (4) 20:3;21:5,7,24;22:7,
sit (11) specialty (1) 16:20;27:3;45:1 32:14;48:16,18; 9,10;26:4;27:1;30:6,
16:24;19:23;20:9; 32:14 streets (1) 67:5 22;31:13,20;32:11,
25:13;29:6;30:1,19; specific (8) 34:1 talk (11) 16,17;33:4;37:22;
31:11,11;33:15; 3:2;8:11;9:2,3; strike (1) 6:14;9:1;14:2,11; 42:11,20,21 ;44:23;
41:24 10:6,7,8;32:23 22:22 15:13,24:33:5;43:10; 46:13;48:7;50:11,20;
sitting (9) specifically (1) stuff (23) 47:20;49:2;50:14 51:1;53:22;57:5;
19:3,9,10;29:20; 9:6 10:23;13:14,20,22; talked (6) 63:20;67:15
32:17;37:25;42:3; speculation (1) 22:2;23:16;24:21; 6:20;23:15;29:5; times (7)
65:10;68:5 28:17 25:1,14;31:21;32:12; 53:12,16;54:2 7:11,18;38:7,7;
situated (2) spelling (1) 34:7;41:11;46:1; tal ki ng (9) 46:25;54:21;61:22
25:22,22 2:10 51:9;52:8;53:21; 8:20,20;12:15; Timewise (1)
situation (4) squad (3) 54:1;61:6;62:13,16; 22:8;31:13;32:16; 49:24
25:2;44:16;56:5; 6:18;67:18,18 63:4,12 51:5;61:14;67:8 today (1)
60:18 stakeout (2) st uf f s (1) Tampa (13) 12:24
situations (1) 30:19,25 43:16 2:13,21;3:14,25; together (2)
21:1 stand (1) stumbled (1) 7:7;27:2,8,25;28:2,4; 5:21;13:14
six (2) 68:6 40:16 32:7;33:24;38:16 told (38)
2:19;61:19 standard (1) subpoena (4) telling (2) 7:15;9:14;11:25;
skipping (1) 45:14 62:19;63:19;64:6, 18:11;52:7 12:24;16:15;23:16,
43:19 standing (2) 25 tells (1) )7;24:14;26:8;
Skypoint (6) 65:24;68:6 subpoenaed (1) 41:17 27:23;29:18;33:9,10;
27:23,24;28:4,7, start (3) 61:7 term (2) 35:7;44:1,8;45:17;
22;29:2 29:6;59:19;61:23 Sunday (2) 4:18;45:2 46:3;47:15;48:2,15,
Skypoint's (1) started (6) 13:12,12 testified (1) 21;49:5;53:1;55:2;
28:17 5:1,16;30:16; supervisor (1) 2:5 56:12,18,23;58:1,17;
slow (7) 51:12;56:1;63:11 65:15 texted (3) 60:4,4,6;62:19;64:4,
30:21 ;37:15,20; starting (1) suppose (2) 15:21;50:21;53:5 22;65:14;68:8
38:4,9,15,16 13:16 9:2;52:21 texting (2) tomorrow (2)
small (1) startled (1) supposed (2) 47:12;61:23 13:10,11
6:9 16:7 48:5;65:15 texts (8) tonight (5)
smell (1) state (2) supposedly (2) 7:14;61:10,25; 15:10,19,25;16:8,
55:15 2:8;6:4 12:6;52:11 62:4;63:2,10;66:5,6 22
smelled (4) statement (3) sure (13) Thanks (1) took (2)
40:24;41:13,14,16 13:5;16:14;68:14 15:12;18:9;20:5; 68:13 50:12;53:1
sober(1) statements (1) 21:1;22:14;25:14; thereafter (1) top (1)
54:20 13:21 33:13;36:15;48:17; 16:3 41:22
sobriety (1) stay (3) 55:17;65:4;67:9,10 therefore (1) total (4)
51:15 6:3;31:6;65:17 suspect (2) 64:11 3:4,11,11,23
somebody (9) stayed (1) 65:23;66:16 thi nki ng (7) totally (1)
20:14;23:8;43:8; 6:2 suspended (12) 28:17;29:1;35:13; 59:2
44:9;45:18;46:25; staying (1) 20:20;45:21,22; 38:14;41:18;57:18; town (1)
47:13,15;66:6 65:21 46:18,23;47:4,21,23; 63:11 21:16
someone (7) stealthy (1) 48:2,4;49:6,12 t hi rd (1) traffi c (12)
38:16;43:6;45:7,7; 29:22 suspicion (1) 39:2 2:22;3:1,15,16,17,
46:9,11;48:12 still (7) 20:13 thought (5) 18;4:9;21:12,15;
someone's (1) 20:13;27:25;28:3; suspicious (1) 27:12;37:6;62:16; 30:4;31:7;32:5
20:16 49:18;60:2,8;62:2 23:10 63:16;67:11 transpired (2)
sometimes (7) stood (1) Susteck (7) thousands (1) 39:11 ;50:5
15:5,6;44:24,25; 42:4 15:3;19:10;20:21; 55:10 trashed (1)
55:13,17,20 stop (19) 21:22;25:7;26:5; three (10) 23:18
somewhere (2) 4:9;10:2;11:11; 29:4 3:6,10;32:21;38:5, trees (1)
33:17;36:6 28:5;30:6,10;38:16; SUV (3) 7,23,24;42:14;58:21; 40:1
son (2) 39:15,20,22,23; 39:7;46:13;49:9 61:19 tri al (6)
6:9;13:8 42:12,17,20;44:10, switched (1) j three-hour (1) 12:13;13:4,16;
(8) side - tri al
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the briefcase and inventoried its contents. See Affidavit of Lori Nelson attached hereto as
Exhibit ."
46. Mr. Campbell's trial briefcase, which had a sticker on the top that reads "C.
Campbell" [????), contained (1) . See Affidavit of Lori Nelson.
47. No one from the Adams & Diaco, P.A. law firm ever contacted anyone at
Shumaker, Loop & Kendrick, LLP to advise that Mr. Campbell's trial briefcase had come into
the possession or control of a partner and other employees of Adams & Diaco, P.A. Hearing
Trans. 58:4-22. The offices of Adams & Diaco, P.A. are in the same building and on the same
elevator bank as those of Shumaker, Loop & Kendrick, LLP. Hearing Trans. 64:17-65:10.
Despite Ms. Personius, and then Mr. Motroni, and then Ms. Personius again, having physically
touched Mr. Campbell's briefcase, the only excuse for not bringing the briefcase up to
Shumaker, Loop & Kendrick, LLP's offices was that Adam's and Diaco, P.A.'s Managing
Partner S. Diaco did not want anyone to touch the briefcase. Hearing Trans. 65:11-66:20, 67:16-
68:6.
Fax Se r v e r 2/ 6/ 2013 9:19:33 AM PAGE 3/ 005 Fa x Se r v e r
01- 29- 13: 15: 32 ; d a l l a s mo b i l i t y ; # 3/
' I N THE CERCUrr COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, I N AND FOR HILLSBOROUGH COUNTY
CI VI L ACTION
Plaintiffs,
v.
COX RADIO, I NC, BUBBA RADIO
Defendants.
CASE NO.: 08-05738
DA T S : T I M E :
E R I C DEAL S. P . S. # 3 3 3
SUBPOENA DUCES TECUM FOR DEPOSITION
TO: AT&T CORPORATION
CT CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION, FL 33324
YOU ARE HEREBY COMMANDED to appear at the offices of Regus Executive
Suites, 8201 Peters Road, Suite 1000, Plantation, Florida 33324, on Thursday, January 31,
2013 at 9:30 a.in..
You are also to produce all ofthe documents and things in your possession, custody or
control, as described on "Exhibit A" attached hereto.
I f you fail to appear you may be in contempt of Court. You are subpoenaed by the
attorneys whose name appears on this Subpoena and unless excused from this Subpoena by the
attorneys or the Court, you shall respond to this Subpoena as directed.
SLK_TAM-#1567207V1
01- 29- 13; 15: 32 da I l as mob i I i r # 4 / 6
Dated:' January 28,2013 FOR THE COURT
iellis@slk-law.com
JAIME AUSTRICH, ESQ.
Florida Bar No. 84565
jaustrich(3>,sllc-]aw.com
MMDI M. RICHTER, ESQ.
mrichter@5lk-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813) 229-1660 (Facsimile)
YOU AR E NOTIFIED that if you ore n person with a disability who needs any accommodation In order to participate In
this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jon C . Ellis,
Esquire at Shumaker, Loop &. Kendrick, Suite 2800 Bank of America Plaza, 101 JG. Kennedy Boulevard, Tampa,
Florida 33*02-5151, Telephone: (613) 229-7600, within two working iays of your receipt of this subpoena. !f you ore
hearing or voice impaired, call 1-800-955-8771.
SUC_TAM:S)567207vl
Fax Se r v e r 2/ 6/ 2013 9:19:33 AM PAGE 5/ 005 Fax Se r v e r
01- 29- 13; 15: 32 ; da Mas mob! I i t y ; # 5 / 6
EXHIBIT A
DOCUMENTS TO BE PRODUCED:
1. A full and complete copy of all records reflecting telephone calls made, telephone
calls received (including those that were not answered and no message was left), voice messages
received, text messages sent and/or text messages received during the time period" of January 13,
2013 through the present, including but not limited to full and complete copies of the itemised
billing statements for the following telephone numbers and individuals:
a. 813-850-1509 and any other phone number issued to Melissa Personius
b. Raymond Fernandez
c. 813-610-4833 and any other phone number issued to Stephen Christopher Diaco
d. Robert D. Adams
e. 813-598-8444 and any other phone number issued to Adam Filthaut.
f. Brian P. Motroni
g. Vanessa Fykes
h. 813-610-6095 and any other phone number issued to Joseph Francis Diaco, Jr.
i. Bubba Radio Network, Inc.
j . Bubba Clem a/3c/a Todd Clem a/k/a Todd Alan Clem a/k/a Bubba the Love
Sponge
k. Adams Sc Diaco, P.A.
I . Krysta Diaco
SLKJ-ANMIIS6733SV1
Fax Se r v e r 2/ 6/ 2013 9:19:33 AM PAGE 1/005 Fax Se r v e r
AT&T Subpoena Center
RESPONSE COVER SHEET
3 ATT Plaza
308 South Akard Street - 14
lfc
Floor - M
Dallas, TX 75202
Phone 1-800-291-4952 Facsimile 877-971-6093
To: ATTY JONATHAN J E L L I S
SHUMAKER LOOP & KENDR I C K L L P 33602
STE 2800
101 E KENNEDY BLVD
TAMPA F L 33602
File Code: 1273199
From: JLD
Phone Number: (813) 229-7600
Fax Number: 1(813) 229-1660
Request Dated: 1/28/2013
Received On: 1/29/2013
Number of Pages:
Dale: 2/6/2013
RE: T & M SCHNITT VS COX RADIO ET AL 08-05738
We are in receipt of your request for AT&T Records. THIS IS N O T A BI LL! ! WE AR E R EQUESTI NG Y O U R
AU THOR I ZATI ON OF P AY MEN T.
Approximate cltarges for the records requested may be up to $45.00 ($55.00 - $10.00 check). An invoice will be provided as
soon as all records are assembled. These charges are an approximation and could change based on the number of records
Mggrmust have your approval of the charges prior to responding to the subpoena.
>u approve the charges as stated above, please sign below and fax this form to 877-971-6093. Once approval is received we
collect the records and forward an invoice for payment.
AUTHOR I ZATI ON OF C HAR GES (sign/date) .
AT&T does accept payment by credit card. I f you would like lo pay by credit card, please provide thai information at tlie bottom of this fax or gi vc our office a
call and refer to the F I LE CODE listed above.
After approval of charges, there will be a 10 day delay in responding while we gather the records.
I f you have any questions regarding the information provided above, please call 800-291-4952 and reference the file number listed at the top of this page.
AT&T has my approval for the approximate charges for records requested as stated above. You may charge the credit
card listed below.
PLEASE NOTE: Transactions on your credit card statement will appear as "AT&T POS".
vided.
EXP DATE.
Credit Card Number Credit Card Type (Visa, MasterCard, Amex, etc)
Printed Name Name As It Appears on the Credit Card
ess for Credit Card City/State/Zip Code for Credit Card
lature
Date
AT&T Subpoena Center
RESPONSE COVER SHEET
3 ATT Plaza
308 South Akard Street - 14
, h
Floor -M
Dallas, TX 75202
Phone 1-800-291-4952 Facsimile 877-971-6093
To: ATTY JONATHAN J E L L I S File Code- 1273199
SHUMAKER LOOP & KENDR I C K L L P 33602
STE 2800
101 E KENNEDY BLVD
TAMPA FL 33602
From: JLD
Phone Number: (813)229-7600 Request Dated: 1/28/2013 Number of Pages:
Fax Number: 1(813) 229-1660 Received On: 1/29/2013 Date: 2/6/2013
If you are not already doing so, please begin addressing all legal requests to AT&T. Additionally, effective
immediately, please fax all legal requests for WI R E L E SS numbers to AT&T at 1-877-971-6093. For more
efficient and faster response, please provide an email address on future requests.
- Voice mail content requires a Search Warrant based on Probable Cause. I f you still require voice
mail content, please submit the warrant ASAP to 888-938-4715. Content of voice mail is deleted
automatically after approximately 14 days.
- The number(s) below are associated with the designated carriers. However, due to Local Number
Portability we strongly suggest you verify this information wfth the carrier indicated prior to issuing
any additional legal process.
Target#: 813-850-1509 - Sprint PC S/2
Target#: 813-610-4833 - Verizon Wireless - SVR /2
- AT &T i s unable to search by name aione. Submi t an amended subpoena with vali d SSN or addresses.
CONFI DE NTI ALI TY NOTI CE
This cover sheet, and any document which may accompany it, contains information from the National Compliance Center which is intended for use
only by the individual to whom il is addressed, and which may contain information lhat is privileged, confidential and/oi otherwise exempt from
disclosure under applicable law. If lhe reader of this message is not the intended recipient oi the person responsible for delivering this message to the
intended recipient, any review, disclosure, dissemination, distribution, copying or odier use of this message or its substance is strictly prohibited. If
you have received this communicaticm in error, please notify us immediately by telephone to arrange for the return of this communication to us at our
expense. Thank you.
1273199
I N THE CIRCUIT COURT OF THE THIRTEENTH JUDI CI AL CIRCUIT
CI VI L ACTION
TODD SCHNITT and MI CHELLE SCHNITT,
Plaintiffs,
v. CASE NO.: 08-05738
Defendants.
/
TO: AT&T CORPORATION
Suites, 8201 Peters Road, Suite 1000, Plantation, Florida 33324, on Thursday, January 31,
2013 at 9:30 a.m..
You are also to produce all of the documents and things in your possession, custody or
SLrC_TAM#i567207vl
Dated: January 28, 2013 FOR THE COURT
jellis@sllc-law.com
JAJME AUSTRICH, ESQ.
iaustrich@,sllc-Iaw.com
MI NDI M. RICHTER, ESQ.
mrichter@sllc-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813) 229-1660 (Facsimile)
YOU AR E NOTI FI ED that if you nre n person with n disnbility who needs any accommodation in order to participate in
this proceeding, you ore entitled, nt no cost to you, to the provision of certain assistance, Plensc contact Jon C. Ellis,
Esquire at Shumaker, Loop & Kendrick, Suite 2800 - Bonk of America Plaza, 101 E . Kennedy Boulevard, Tampa,
Florida 33602-5151, Telephone: (813) 229-7600, within two working days of your receipt of this subpoena. If you nre
SLK_TAM:#!567207vl
EXHI BI T A
received, text messages sent and/or text messages received during the time period of January 13,
2013 through the present, mcluding but not limited to full and complete copies ofthe itemized
d. Robert D. Adams
f. Brian P. Motroni
g. Vanessa Fykes
i. Bubba Radio Network, Inc.
j . Bubba Clem a/k/a Todd Clem a/k/a Todd Alan Clem a/k/a Bubba the Love
Sponge
k. Adams & Diaco, P.A.
1. Krysta Diaco
SLK._TAM.-S 1567335V1
I N THE CmCTJIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
CTVTL ACTION
Plaintiffs,
v. CASE NO.: 08-05738
Defendants.
/
TO: RECORDS CUSTODIAN
c/o METRO PCS WIRELESS, INC.
CORPORATION SERVICE COMPANY
1201 HAYS ST.
TALLAHASSEE FL 32301 US
YOU ARE HEREBY COMMANDED to appear at the offices of U.S. Legal Support-
Tallahassee, 2894 Remington Green Lane, Tallahassee, FL 32308, on Thursday, January 31,
2013 at 9:00 a.m.
I f you fail to appear you may be in contempt of Court. You are subpoenaed by tlie
SLK_TAM:(?1567202v!
SHUMAKER, LOOP & KENDRICK, LLP
JONAJHA^J^gLLIS, ESQ.
FloziMafNo. 86351
i ellis@slk-law.com
jaus1rich@slk-law.com
MTNDIM. PJCHTER, ESQ.
mrichter@slk-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813)229-1660 (Facsimile)
YOU AR E NOTI FI ED that if you arc a person with a disability who needs any accommodation in order to participate in
this proceeding, you arc entitled, at no cost to you, to the provision of certain assistance. Please contact Jon C. Ellis,
Esquire at Shumaker, Loop & Kendrick, Suite 2800 - Bank of America Plaza, 101 E . Kennedy Boulevard, Tampa,
Florida 33602-5151, Telephone: (813) 229-7600, within two working days of your receipt of this subpoena. If you arc
henring or voice impaired, call 1-800-955-8771.
SLK_TAM:#1567202vl
EXHI BI T A
2013 through the present, including but not limited to full and complete copies of the itemized
d. Robert D. Adams
f. Brian P. Motroni
g. Vanessa Fykes
i . Bubba Radio Network, Inc.
Sponge
1. Krysta Diaco
SLKTAMrf 1567335v I
I N THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA, LN AND FOR fflLLSBOROUGH COUNTY
CI VI L ACTION
Plamriffs,
v. CASE NO.: 08-05738
COX RADI O, INC., BUBBA RADIO
Defendants.
/
TO: Records Custodian
Sprint Spectrum, L.P.
c/o Corporation Service Company
1201 Hays Street
Tallahassee, FL 32301
YOU ARE HEREBY COMMANDED to appear at the offices of U.S. Legal Support,
2894 Remington Green Lane, Tallahasee, FL 32308, on Thursday, January 31, 2013 at 9:30
a.m.
SLK_TAM:31567206v2
JONATHANJWSLLI S, ESQ.
Floj__flJiarm 86351
iellis@sllc-law.com
MI NDI M. RICHTER, ESQ.
nmebter@sUc-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813) 229-1660 (Facsimile)
YOU AR E NOTI FI ED thnt if yon nre it person with a disability who needs nny accommodation in order to participate in
this proceeding, you arc entitled, at no cost to you, to the provision of certain assistance. Please contact Jon C . Ellis,
Esquire at Shurnnkcr, Loop & Kendrick, Suite 2800 - Bank of Americn Plaza, 101 E . Kennedy Boulevard, Tampa,
Florida 33602-5151, Telephone: (813) 229-7600, within two working days of your receipt of this subpoena. If you ore
SLK_TAM:fll 567206v2
EXHI BI T A
2013 through the present, including but not limited to full and complete copies of the itemized
d. Robert D. Adams
f. Brian P. Motroni
g. Vanessa Fykes
Sponge
1. Krysta Diaco
SLK_TAM:# 1567335v 1
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDI CI AL CIRCUIT
CTVTX ACTION
Plaintiffs,
v. CASE NO.: 08-05738
Defendants.
I
TO: VERIZON WHtELESS SERVICES, LLC
Suites, 8201 Peters Road, Ste. 1000, Plantation, Florida 33324, on Thursday, January 31,2013
at 9:00 a.m.
attorneys or tlie Court, you shall respond to this Subpoena as directed.
SLK_TAM:#I5672Mvl
Dated: January 28,2013 FOR THE COURT
J ONATH>KX^LLI S7ESQ.
Floridjd3ari<lo. 86351
ieUisTgndc-Iaw.com
iaustrich@.slk-law.com
MI NDI M. RJCHTER, ESQ.
mrichter@sllc-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813) 229-1660 (Facsimile)
YOU AR E NOTI FI ED that if you arc a person with n disability who needs any accommodation in order to participate in
this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact Jon C . Ellis,
Esquire at Shumaker, Loop & Kendrick, Suite 2800 - Bonk of America PInzo, 101 E. Kennedy Boulevard, Tnmpo,
Florida 33602-5151, Telephone: (813) 229-7600, within two working days of your receipt of this subpoena. If you are
SLK._TAM:#I5672(Mvl
EXHI BI T A
2013 through the present, including but not limited to full and complete copies ofthe itemized
d. Robert D. Adams
f. Brian P. Motroni
g. Vanessa Fykes
Sponge
1. Krysta Diaco
SLK_TAM:fl 567335V1
CI VI L ACTION
Plaintiffs,
v. CASE NO.: 08-05738
Defendants.
/
SECOND AMENDED SUBPOENA DUCES TECUM FOR DEPOSITION
TO: Records Custodian
Para Met Plaza Associates
c/o Lynn S. Vilmar, CBRE Asset Services
101E. Kennedy Blvd., Ste. 800
Tampa, FL 33602
YOU ARE HEREBY COMMANDED to appear at the offices of Shumaker, Loop &
Kendrick, LLP, 101 E. Kennedy Blvd., Ste. 2800, Tampa, FL 33602, on Tuesday, February
12,2013 at 3:00 p.m.
SLK_TMl5716l'ivl
Dated: February 11,2013 FOR THE COURT
SHLI MA^CERTLOOP &KBNBRI CK, LLP
^ _ 7T .
JONATHANÊXClSTESQ.
FlorjikBarfta. 86351
iellis@slk-law.com
MMDI M. RICHTER, ESQ.
rprichter@slk-law.com
Tampa, FL 33602
(813) 229-7600 (Telephone)
(813) 229-1660 (Facsimile)
YOU AR E NOTI FI ED that If you are n person with n disability who needs any accommodation In order to participate in
this proceeding, you nre entitled, at no cost to you, to the provision of certain assistance. Please contact Jon C Ellis,
Esquire at Shumalfcr, Loop & Kendrick, Suite 2800 - Bank of Americn Plnzn, 101 E. Kennedy Boulevard, Tampa,
Florida 33602-5151, Telephone: (813) 229-7600, within two working days of your receipt of this subpoena. I f you arc
hearing or voice Impaired, coll 1-800-955-8771.
SLK_TAMdfl57l61'lvl
TPYTTTRTT A
AH video and audio footage for the following security cameras m the Bank of America Plaza building
located at J01 East Kennedy Boulevard, Tampa, Florida forthe listed dates and time periods:
Camera
Hardscape Plazn-Tampa Street
3"
1
floor lobby
Oarage Entrance
Garage Exit
Loading Dock Door
Central Operations
Garage Loading Dock
Loading Dock Inside
Northwest Ashley
3"
1
floor lobby
l
n
Floor Lobby
Hardscape
Northwest Ashley
Southwest Ashley
ATM
Garage Roof
HardscBpe Plaza-Tampa Street
1* Floor Lobby
Loading Dock Door
Beginning
January 24,2013 at 4:00 p.m.
January 23,2013 at 6:00 p.m.
January 23,2013 at 6:00 p.m.
January23,2013 at6:00p.m.
January 24,2013 at 5:00 p.m.
January 24,2013 at 5:00 p.m.
January 24,2013 at 5:00 p.m.
January 24,2013 ot 5:00 p.m.
January 23,2013 at 6:00 p.m.
January 23,2013 at 430 p.m.
January 24,2013 at 2:00 pjn.
January 24,2013 at 2:00 p.m.
January 24,2013 at 2:00 p.m.
Jnnuary 24,2013 at 2:00 p.m.
January 24,2013 at 2:00 p.m.
January 24,2013 nt 2:00 p.m.
January 24,2013 at 4:00 p.m.
January 24,2013 Bt 4:00 p.m.
January 24,2013 at 6:00 a.m.
Ending
January 24,2013 at 7:00 p.m.
January 24,2013 at 11:59 p.ia
January 24,2013 at 11:59 p.m.
January24,2013 atll:59p.m.
January 24,2013 at7p.ro.
January 23,2013 at 11:59 p.m.
January 23,2013 at 5:15 p.m.
January 24,2013 at 4:30 p.m.
January 24,2013 nt 4:30 p.m.
January 24,2013 at 4:30 p.m.
January 24,2013 at 4JO p.m.
January 24,2013 Bt 4:30 p.m.
January 24,2013 at 4:30 p.m.
January 24,2013 Bt 7:00 p.m.
January 24,2013 at 7:00 p.m.
January 24,2013 at 5:00 p.m.
Building security access card records for the following individuals for January 23,2013 at 12:00 B.m.
through January 25,2013 Bt 11:59 p.m.:
a. Robert D. Adams
b. Joseph F. Diaco, Jr.
c. Stephen C. Diaco
d. Adam R. Filthaut
c. Brian P. Motroni
f. Melissa Personius
g. All other individuals of Adams & Diaco, P.A. for whom building security access cards have been
issued
3. Building security access card records for the following individuals for January 23,2013 at 12:0D a.m.
through January 23,2013 at 11:59 pan.:
a. Charles Philip Campbell, Jr.
b. Jonathan C. Ellis
4. Building security reports or incident reports for January 23,2013 at 12:00 a.m. through January 24,2013
at 11:59 p.m. which resulted from the opening of a looted or secure exterior door.
5. Building security or parking garage reports reflecting building cardholders who exited the parking garage
without scanning their security access cards on January 23,2013 at 12:00 a.m. through January 24,2013 at
11:59 p.m.
SLK._TAM:S157J6l4vl
CARD ACTIVITY REPORTS -
TIMELINE FOR 1-23-13 AND 1-24-13
DATE!
1 / 2 3 / 2 0 1 3 ;
1 / 2 3 / 2 0 1 3 ;
T]ME7\CTIVITY
7: 37: 17 AM_ En t r y
7: 42: 02 A M Ent r y
7 : 5 9 : 1 0 A M Ent r y 1 / 2 3 / 2 0 1 3 !
1 / 2 3 / 2 0 1 3 ' 4 : 4 9 : 2 7 PM
1 / 2 3 / 2 0 1 3 ;
Exi t
5 : 1 2 : 5 1 PM Exi t
1 / 2 3 / 2 0 1 3 5: 14: 38 PMi Ex i t
1 / 2 4 / 2 0 1 3 , 7 : 4 5 : 2 1 A M i Ent r y
1 / 2 4 / 2 0 1 3 1
1/ 24/ 2013" !
l / 2 4 / 2 0 1 3 f 8: 41: 08 A M : Exi t
7: 54: 24
7: 56: 29
A M Ent r y
A M Ent r y
1 / 2 4 / 2 0 1 3 \ 9: 35: 49 A M i Ent ry
1 / 2 4 / 2 0 1 3 ! 1: 12: 24 PMi Ex i t
1 / 2 4 / 2 0 1 3 1: 18: 15 PMj Ex i t
1 / 2 4 / 2 0 1 3 1: 46: 19 PMj Ex i t
1 / 2 4 / 2 0 1 3 2: 11: 08 PMj Ent r y
1 / 2 4 / 2 0 1 3 2: 19: 05 PMi Ent r y
1 / 2 4 / 2 0 1 3 2: 46: 28 PMj Ent r y
" 1 / 2 4 / 2 0 1 3
1 / 2 4 / 2 0 1 3
1 / 2 4 / 2 0 1 3
1 / 2 4 / 2 0 1 3
1 / 2 4 / 2 0 1 3
3: 23: 42 PMi Ex i t
4 : 2 0 : 2 6 PMi Ex i t
4 : 2 1 : 1 8 PM Ent r y
7 : 4 1 : 2 1 PMi Ex i t
9: 26: 03 PMi Ex i t
NAME
B. Mo t r o n i
J . Di aco
M. Pe r s oni us
B. Mo t r o n i
M. Pe r s oni us
J . Di aco
B. Mo t r o n i
J . Di aco
S. Di aco
S. Di aco
S. Di aco
J . Di aco
S. Di aco
! B. Mo t r o n i
J . Di aco
B. Mo t r o n i
S. Di aco
B. Mo t r o n i
J . Di aco
B. Mo t r o n i
S. Di aco
B. Mo t r o n i
vt a
, 3 ^<S f o r c e s
# 1 5 6 9 3 8 0
COMME RCI AL REAL E STATE SE RVI CE S
CBRE
Lynn S. Vilmar, RPA
1 0 1 E K e n n e d
V
B l v d S , e 8 0 0
Senior Real Estate Manager Tampa, FL 33602
CB RE, Inc. 813 221 7463 Tel
Asset Services 813 224 9563 Fax
Lynn. vi lmar@cbre. com
www. cbre. com
J anuar y 3 1 , 2 0 1 3
Ms . Kat h y Ho l me s
Sc h u ma k e r L oop a n d Ke ndri ck LLP
101 East Ke nne d y Bl v d. Sui t e 2 8 0 0
T a mp a , FL 3 3 6 0 2
De ar Ms . Ho l me s ;
Encl ose d pl e ase f i nd t h e doc ume nt s a n d me mo r y st i ck c ont ai ni ng copi e s of v i de os r e que s t e d i n
s u b p o e n a de l i v e r e d t o me c onc e r ni ng your case f i l e n u mb e r 0 8 - 0 5 7 3 8 .
If I c a n be of f ur t h e r assi st ance , pl e ase do not h e si t at e t o cont act me .
Se ni or Re al Est at e Ma n a g e r
Car d Acti vi ty Report: From Wed, 23 J a n 2013, 12:00:00 AM to Thu, 24 Ja n 2013, 11:59:59 PM
Date Time Name Reader Area Access
Wed, 23 Jan 2013 7:37:17 AM MORTRONI, B RIAN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:59:27 PM MORTRONI, B RIAN . AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 7:45:21 AM MORTRONI, B RIAN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 1:46:19 PM MORTRONI, B RIAN AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 2:19:05 PM MORTRONI, B RIAN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 3:23:42 PM MORTRONI, B RIAN AC3-5 3rd FL Garage S Exit GARAGE Granted
Thu. 24 Jan 2013 4:21:18 PM MORTRONI, B RIAN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 9:26:03 PM MORTRONI, B RIAN AC3-5 3rd FL Garage S. Exit GARAGE Granted
Total Records Returned: 8
Granted: 8
Denied: 0
Page 1
Wed, 23 Jan 2013 7:59:10 AM PERSONIUS. MELISSA AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed. 23 Jan 2013 5:12:51 PM PERSONIUS, MELISSA AC3-5 3rd FL Garage S. Exit GARAGE Granted
Total Records Remrned: 2
Granted: 2
Denied: 0
Page 1
Car d Acti vi ty Report: From Wed, 23 Ja n 2013, 12:00:00 AM to Thu, 24 Ja n 2013, 11:59:59 PM
Wed, 23 Jan 2013 9:05:21 AM FILTHAUT, ADAM AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 5:18:30 PM FILTHAUT, ADAM AC3: 5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 6:02:17 AM FILTHAUT, ADAM AC3-1 Main Garage Entrance 1ST FL GARAGE Granted
Thu, 24 Jan 2013 6:02:58 AM ' FILTHAUT, ADAM AC3-3 3rd FL Garage E. Entry GARAGE . Granted
Thu, 24 Jan 2013 6:11:46 AM FILTHAUT, ADAM AC3-4 3RD FL MID RISE KIOSK B 3RD FL Granted
Thu, 24 Jan 2013 5:41:13 PM FILTHAUT, ADAM AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 6
Denied: 0
Page 1
Wed, 23 Jan 2013 7:42:02 AM DIACO, JOSEPH AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 5:14:38 PM DIACO, JOSEPH AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 7:54:24 AM DIACO, JOSEPH AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu. 24 Jan 2013 1:12:24 PM DIACO. JOSEPH AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 2:11:08 PM DIACO, JOSEPH AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 4:20:26 PM DIACO, JOSEPH AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 6
Denied: 0
Page 1
Car d Acti vi ty Report: From Wed, 23 Ja n 2013, 12:00:00 AM to Thu, 24 J a n 2013, 11:59:59 PM
ate Time Name Reader Area Access
Wed, 23 Jan 2013 7:49:44 AM ADAMS, ROB ERT AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 12:53:01 PM ADAMS, ROB ERT AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 7:37:42 AM ADAMS, ROB ERT AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 7:41:29 PM ADAMS, ROB ERT AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Ca r d Acti vi ty Report: From Wed, 23 Ja n 2013, 12:00:00 AM to Thu, 24 Ja n 2013, 11:59:59 PM
Thu. 24 Jan 2013 7:56:29 AM DIACO, STEVEN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu. 24 Jan 2013 8:41:08 AM DIACO, STEVEN AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 9:35:49 AM DIACO, STEVEN AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu, 24 Jan 2013 1:18:15 PM DIACO, STEVEN AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 2:46:28 PM DIACO, STEVEN AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 7:41:21 PM DIACO, STEVEN AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 6
Denied: 0
Page 1
Car d Acti vi ty Report: From Wed, 23 J a n 2013, 12:00:00 AM to Thu, 24 J a n 2013, 11:59:59 PM
Wed, 23 Jan 2013 8:17:11 AM CALHOUN, MELYINIE AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed. 23 Jan 2013 12:01:39 PM : CALHOUN, MELYINIE AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 12:12:18 PM CALHOUN, MELYINIE AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed. 23 Jan 2013 1:10:31 PM CALHOUN, MELYINIE AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 1:19:34 PM CALHOUN, MELYINIE AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 5:03:45 PM CALHOUN, MELYINIE AC3-5 3rd FL Garage S. Exit GARAGE Granted."
Thu, 24 Jan 2013 8:25:30 AM CALHOUN, MELYINIE AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 5:10:51 PM CALHOUN, MELYINIE AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 8
Denied: 0
Page 1
Card Acti vi ty Report: From Wed, 23 Ja n 2013, 12:00:00 AM to Thu, 24 Ja n 2013, 11:59:59 PM
Wed, 23 Jan 2013 8:59:42 AM Dexter, B reana AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 5:06:22 PM Dexter, B reana AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:56:14 AM Dexter, B reana AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 5:11:43 PM Dexter, B reana AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Wed, 23 Jan 2013 6:12:42 AM EAKLEY, LORI AC3-1 Main Garage Entrance 1ST FL GARAGE Granted
Wed, 23 Jan 2013 ;' 6:13:24 AM EAKLEY, LORI AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 6:18:47 AM EAKLEY, LORI 8X-2-AC3-1 Fitness Center FITNESS CENTER Granted
Wed, 23 Jan 2013 8:34:58 AM EAKLEY, LORI AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 8:47:09 AM EAKLEY, LORI AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed. 23 Jan 2013 12:00:30 PM EAKLEY, LORI AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 12:13:13 PM EAKLEY, LORI AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 : > 1:09:19 PM EAKLEY, LORI AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 1:19:37 PM EAKLEY, LORI AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 3:57:47 PM EAKLEY, LORI AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 9:28:23 AM EAKLEY, LORI AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 6:54:18 PM EAKLEY, LORI AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 12
Denied: 0
Page 1
Wed, 23 Jan 2013 8:51:20 AM Eakley, Caitlin AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 2:06:41 PM Eakley, Caitlin AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 12:31:11 PM Eakley, Caitlin AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 . 6:54:44 PM Eakley, Caitlin AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Dale Time Name Reader Area Access
Wed, 23 Jan 2013 9:01:22 AM ENGERT, SHARON AC3-2 3rd F L Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 12:33:57 PM ENGERT, SHARON AC3-5 3rd F L Garage S. Exit GARAGE Granted
Granted: 2
Denied: 0
Page 1
Wed, 23 Jan 2013 7:31:10 AM Fowler, Kim AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:20:03 PM Fowler, Kim AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 7:41:25 AM Fowler, Kim AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 3:55:10 PM ; Fowler, Kim AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Wed. 23 Jan 2013 8:42:53 AM Giddings, Brian AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 3:06:17 PM Giddings, Brian AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 3:48:24 PM Giddings, Brian AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 6:00:45 PM " Giddings, Brian .. AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:31:12 AM Giddings, Brian AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 3:11:18 PM Gjddings, Brian AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 3:51:44 PM Giddings, Brian AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu, 24 Jan 2013 5:09:28 PM Giddings, Brian AC3-5 3rd FL Garage S. Exit GARAGE Granted .
Total Records Retorted: 8
Granted: 8
Denied: 0
Page 1
Wed, 23 Jan 2013 7:29:06 AM Irvin, Chandler AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:43:24 PM Irvin, Chandler AG3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 7:41:11 AM Irvin, Chandler AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 8:10:25 AM Irvin, Chandler AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Thu, 24 Jan 2013 8:36:05 AM JACKSON, ASHLEY AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 5:12:04 PM JACKSON, ASHLEY AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 2
Denied: 0
Page 1
Wed, 23 Jan 2013 8:27:35 AM KE RSE Y, THE RE SE AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:41:27 PM KE RSE Y, THE RE SE AC3-5 3rd FL Garage S. Exit " GARAGE Granted
Thu, 24 Jan 2013 8:27:40 AM KE RSE Y, THE RE SE AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu. 24 Jan 2013 4:45:59 PM KE RSE Y, THE RE SE AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Data Time Name Reader Area Access
Wed, 23 Jan 2013 8:29:31 AM Mosley, Katie AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 5:06:16 PM Mosley, Katie AC3-5 3rd FL Garage S. Exit ' GARAGE Granted
Granted: 2
Denied: 0
Page 1
Wed, 23 Jan 2013 6:15:09 AM Perkins, Alina AC3-1 Main Garage Entrance 1ST FL GARAGE Granted
Wed, 23 Jan 2013 6:16:08 AM Perkins, Alina AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 6:22:37 AM Perkins, Alina 8X-2-AC3-1 Fitness Center FITNESS CENTER Granted
Wed, 23 Jan 2013 11:16:03 AM Perkins, Alina AC3-5 3rd FL Garage S. Exit GARAGE Granted
Wed, 23 Jan 2013 11:3821 AM Perkins, Alina AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 6:22:47 PM Perkins, Alina AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:07:45 AM Perkins, Alina AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 6:58:57 PM Perkins, Alina AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 8
Denied: 0
Page 1
Wed. 23 Jan 2013 8:58:11AM PETTY, SPENCER AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed. 23 Jan 2013 5:22:11 PM PETTY, SPENCER AC3-5 3rd FL Garage S. Exit GARAGE . Granted
Thu, 24 Jan 2013 10:18:03 AM PETTY, SPENCER AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 5:34:39 PM PETTY, SPENCER AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Wed, 23 Jan 2013 7:43:05 AM Torres, Yvonne AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:21:30 PM Torres, Yvonne AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu. 24 Jan 2013 7:50:02 AM Torres, Yvonne AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu, 24 Jan 2013 4:01:58 PM Torres, Yvonne AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Wed, 23 Jan 2013 8:02:23 AM VASQUEZ, ANA AC3-3 3rd FL Garage E. Entry GARAGE Granted
Wed, 23 Jan 2013 4:07:14 PM VASQUEZ,ANA AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:02:40 AM VASQUEZ, ANA AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu, 24 Jan 2013 4:21:17 PM VASQUEZ, ANA AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Thu, 24 Jan 2013 7:03:15 AM B OYD, AMY AC3-3 3rd FL Garage E. Entry GARAGE Granted
Thu. 24 Jan 2013 5:10:41 PM B OYD, AMY AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 2
Denied: 0
Page 1
Wed, 23 Jan 2013 8:29:41 AM Macy, Samantha AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 5:03:35 PM Macy, Samantha AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:33:20 AM Macy, Samantha AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu, 24 Jan 2013 5:11:00 PM Macy, Samantha AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
Wed, 23 Jan 2013 8:17:48 AM SALVINO, ANDREA AC3-2 3rd FL Garage W. Entry GARAGE Granted
Wed, 23 Jan 2013 5:04:40 PM SALVINO, ANDREA AC3-5 3rd FL Garage S. Exit GARAGE Granted
Thu, 24 Jan 2013 8:30:00 AM SALVINO, ANDREA AC3-2 3rd FL Garage W. Entry GARAGE Granted
Thu, 24 Jan 2013 4:37:48 PM SALVINO. ANDREA AC3-5 3rd FL Garage S. Exit GARAGE Granted
Granted: 4
Denied: 0
Page 1
RECEIPT
Sealed envelope containing a duplicate copy of the following material provided to Shumaker,
Loop & Kendrick, LLP by CBRE on 1/31/13:
Cover letter dated 1/31/13 to K. Holmer from L. Vilmar, CBRE; key card records for 1/23/13
and 1/24/13; flash drive.
Acknowledgement of receipt:
Signature
Print name
Date: January 31,2013
I N THE CI RCUI T COURT OF THE THI RTEENTH JUDI CI AL CI RCUI T
OF THE STATE OF FLORI DA, I N AND FOR HI LLSBOROUGH COUNTY
CI VI L ACTI ON
TODD SCHNITT and
MI CHELLE SCHNITT,
Plaintiffs,
v. CASE NO.: 08-05738
COX RADI O, I NC., BUBBA RADI O
Defendants.
/
CHAI N OF CUSTODY
DOCUMENTS AND FLASH DRI VE PRODUCED BY CBRE, I NC.
Date
Received
Received
From
Recipient Item Sent Signature of
Recipient
1/31/13
9:13 a.m.
CBRE D. Licht/
SLK
Envelope hand delivered from CBRE
1/31/13
9:15 a.m.
D. Licht/
SLK
K. Holmer/
SLK
Cover letter dated 1/31/13 to K. Holmer
from L. Vilmar, CBRE; key card records
for 1/23/13 and 1/24/13;
Flash drive: SanDisk Cruzer Glide 128 gb,
TAD-SDCZ60; BP121223678; SDCZ60-
128G
1/31/13
9:55 a.m.
f /
K. Holmer
/SLK
D. Landrum/
D4, LLC
Flash drive: SanDisk Cruzer Glide 128 gb,
TAD-SDCZ60; BP121223678; SDCZ60-
128G
V '
mm
RECEIPT
Sealed envelope addressed to Norman Cannella, Sr. containing a duplicate copy of the following
material provided to Shumaker, Loop & Kendrick, LLP by CBRE on 2/4/13:
Cover letter dated 2/4/13 to K. Holmer from L. Vilmar, CBRE; flash drive.
Uxtt Signature
name Print J
Date: February 4, 2013
SLK_TAM:#1569930vl
RECEIPT
Sealed envelope addressed to Norman Cannella, Sr. containing a duplicate copy ofthe following
Cover letter dated 2/12/13 to K. Holmer from L. Vilmar, CBRE; flash drive; instructions titled
"Surveillance Download Request February 8, 2013"
Date: February 12, 2013
SLK_TAM:#1569930vl
RECEIPT
Sealed envelope addressed to Norman Cannella, Sr. containing a duplicate copy of the following
Cover letter dated 2/15/13 to K. Holmer from L. Vilmar, CBRE; flash drive; instructions titled
"Surveillance Download Request February 14, 2013"
Date: February 15,2013
SLK_TAM:#1574250vl
Facility Evidence Intake &
Chain of Custody Form
Smarter Discovery-
Date/Time 2-12-13/2:30pm Client Shumaker Loop Kendrick
Project No. Custodian
Method of Receipt:
Hand Delivery f P/U (x FTP Transfer f Shi pped f~ Notes
Matter Schnitt vB RN
D4 Facility Tampa
Description Of items (i.e., make, model, sn, labels, packaging, etc.) Page of
2)
3)
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Additional Comments
Chain of Custody | CoC Continued on Additional Page
From:
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To: David Landrum Date 2 - /2. V3
Signature: Signature:
Reason:
From:
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D4, LLC Smarter Discovery-" 300 Main Street Suite 4-102 " East Rochester, NY 14445 ' Phone 58S.385.4040 Fax: 585385.9070" www.d4disccwry.com
Rev 8/2009
Chain of Custody - Continuation Form
Sn tarter Discovery*
Page No.
Addendum to: r Evidence Transfer Log F Collection Form
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Rev. 8/2009
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04, LLC Smarter Discovery." 300 Main Street * Suite 4-102 East Rochester, NY 14445 Phone: 585385.4040 Fax: 585385.9070 * wwwjd4discoveryxom
Rev 8/2009
Chain of Custody - Continuation Form
Smarter Discovert
Page No.
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D4, LLC Smarter Discovery-* 300 Main Street * Suite 4-102 * East Rochester, NY 1444S * Phone: 585385.4040 Fax: 585385.9070 * www.d4discovery.com
Rev. 8/2009
Hard Drive Collection &
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Rev. 3/2010
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D4, LLC Smarter Discovery*.* 300 Main Soeet * Suite 4-102 East Rochester, NY 1444S * Phone: 585.38S.4O40 Fax: 58S.385.9070 * www.d4discovery.com
Rev 8/2009
CI VI L ACTION
Plaintiffs,
CASE NO.: 08-05738
Defendants.
/
NOTICE OF FILING
Plaintiffs, Todd Schnitt and Michelle Schnitt, by and through their undersigned counsel,
hereby file the following:
1. Original Affidavit of Lori Nelson.
Respectfully Submitted,
SHUMAI
JAME^LISTRlCH, ESQ.
fonaFfiar No. 084565
JONATHAN J. ELLIS, ESQ.
MINDI M. RICHTER, ESQ.
Suite 2800
P: (813) 229-7600 F: (813) 229-1660
SLK_TAM:#1567746vl
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via email and U.S. First Class Mail this 4th day of February, 2013,
Joseph F. Diaco, Jr., Esquire
Adams & Diaco, P.A.
101 E. Kennedy Blvd., Suite 2175
i diaco@adamsdiaco .com
mseward@adamsdiaco.com
Norman S. Cannella, Sr., Esq.
Rywant, Alvarez, Jones, Russo & Guyton, P.A.
109 N. Brush St., Ste. 500
Tampa, FL 33602
ncanneIla@rYwantalvarez.com
Norman S. Cannella, Jr., Esq.
4037 Henderson Blvd.
Tampa, FL 33629
canella.pa@verizon.net
Lee D. Gunn, Esq.
Gunn Law Group, P.A.
400 N. Ashley Dr., Ste. 2050
Tampa, FL 33602
lgurm@gunnIawgroup.corn
Gregory A. Hearing, Esq.
Charles J. Thomas, Esq.
Benjamin W. Bard, Esq.
Thompson, Sizemore, Gonzalez & Hearing, P.A.
One Tampa City Center
201 N. Franklin Street, Suite 1600
Tampa, FL 33602
ghearing@tsgh-law.com; cthomas@tsghlaw.com
bbard@tsghlaw.com; awhiteside@tsghlaw.com:
mmcleod@tsghlaw.com
George Vaka, Esq.
Vaka Law Group
777 Harbour Island Blvd., Ste. 300
Tampa, FL 33602
gvaka@vakalaw.com
SLK_TAM:#1567746vl
I N THE CIRCUIT COURT OF THE THIRTEENTH JUDI CI AL CIRCUIT
CI VI L ACTION
TODD SCHNITT and
MI CHELLE SCHNITT,
Plaintiffs,
v. CASE NO.: 08-05738
Defendants.
/
AFFI DAVI T OF LORI NELSON
State of Florida )
)
1. My name is Lori Nelson. This affidavit is based on my personal knowledge. I am
giving this affidavit of my own free will and accord.
2. I am a litigation paralegal at the law firm of Shumaker, Loop & Kendrick, LLP
and am assigned to this matter within the firm.
3. On January 24, 2013, I was in the lobby of the law offices of Shumaker, Loop &
Kendrick, LLP in Tampa, FL at approximately 5:15 p.m. waiting on my process server when a
man claiming to be Zack, a taxicab driver with Yellow Cab, entered the lobby with a black trial
case.
4. I recognized the trial case as belonging to lead trial counsel in this matter, Phil
Campbell. See photographs of the trial case attached as Exhibit A.
SLK TAM:# 1567740v I
5. I prepared a detailed inventory of the trial case that evening. See a copy of the
inventory attached to this affidavit as Exhibit B.
6. The trial bag and its contents were never out of my possession between the time
that I obtained it in the lobby from the taxicab driver to the time that I prepared the attached
inventory.
STATE OF
COUNTY OF iiiUlfflUMrt
The foregoing instrument was acknowledged before me this { _ day of f^dC^fi^ , 2013,
by Lori Nelson, who impersonally knovm^ me or who produced as
identification, who did take an oath, and who swears that the foregoing statement is true to the best
of her knowledge.
NOTARY PUBLIC
Name:
My Commission Expires:_
j HI HMMI
'A. HOLMER
k^fMM!SSI0NEE 033750
EXPIRES: November 13.2014
SLK_TAM:# 1567740v 1
INVENTORY OF THE CONTENTS OF THE BLACK TRI AL BAG
BELONGING TO C. PHI LI P CAMPBELL, JR., ESQUIRE
3 Yellow Legal pads containing Mr. Campbell trial notes
Handwritten notes regarding trial
Numerous deposition transcripts with notes
Depo page and line designations
Voice-to-Text Transcription of Audio Recorded Excerpt ofthe
MJ Morning Show from August 7, 2009
2" stack of exhibits with a note that says "Exhibits that may be used for impeachment"
Various pleadings
Various trial exhibits
Witness outlines
Case law on "Directed Verdict Standard of Review"
Case law on "Express Malice may be inferred from statements themselves"
Florida Evidence Guide
Folder containing "Clem Depo Notes"
Research memo and case law on Jury Awards in Defamation Cases
CIVIL DIVISION
TODD SCHNITT and
MICHELLE SCHNITT
Case No.: 0S-005738-J
Plaintiff,
v .
COX RADIO, INC.,
BUBBA RADIO NETWORK, INC.,
and BUBBA CLEM,
Defendant./
NOTICE OF FI LI NG THE AFFIDAVIT OF MELISSA PERSONIUS AND NOTICE OF
ADOPTION OF TESTIMONY AT THE JANUARY 25.2013 HEARING
COME NOW the Defendants, BUBBA CLEM and BUBBA RADIO NETWORK, INC.
(hereinafter "BRN"), and Joseph Diaco, Esquire, through undersigned counsel, and hereby
provide the Court with their Notice of Filing the Affidavit of Melissa Personius and their Notice
of Adoption of Testimony at the January 25, 2013 Hearing in Opposition to Plaintiffs Motion
for New Trial.
The Notice of Adoption of Testimony at the hearing is in lieu of filing affidavits of those
witnesses who testified before the Court regarding the matter of Mr. Campbell's arrest on
January 23, 2013 and the discovery of his trial briefcase in the vehicle of Melissa Personius in
the mid-afternoon hours of January 24, 2013.
CERTD7ICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been served via
Electronic Mail to the following individuals on this day of March, 2013
Joseph Diaco, Esquire, Adams & Diaco, P.A., 101 East Kennedy Boulevard, Suite
2175, Tampa, FL 33602, jdiaco@adamsdiaco.com , mseward@adamsdiaco.com;
Gregory A. Hearing, Esquire, Thompson, Sizemore, Gonzalez & Hearing, P.A., P.O.
Box 639, Tampa, FL 33601, ghearing@tsghlaw.com, cthomas@tsghlaw.com,
awhiteside@tsghlaw.com. mmcleod@tsghIaw.com;
Lee D. Gunn, I V., Esquire, Gunn Law Group, 400 North Ashley Drive, Suite 2050,
Tampa, FL 33602, LAbramson@gunnIawgroup.com, lgunn@gunnlawgroup.com,
efile@gunnlawgroup.com;
Wilfried "Wil" H. Florin, Esquire, Florin Roebig, P.A., 777 Alderman Road, Palm
Harbor, FL 34683, whf@florinroebig.com;
Scot Samis, Esquire, Traub, Lieberman, Staus & Shrewsberry, LLP, 360 Central
Avenue Suite 1000, St. Petersburg, FL 33731. ssamis@traubliebennan.com
Vaka Law Group, P.L.
777 S. Harbour Island Blvd. Suite 300
813.549.1799 Telephone
813.549.1790 Facsimile
gvaka@vakalaw.com
awilliams@vakalaw.com
AFFIDAVIT OF MELISSA PERSONIUS
STATE OF FLORIDA
Before me, the undersigned authority, personally appeared Melissa Personius, who upon
being duly swom, deposes and says:
1. My name is Melissa Personius. I am over the age of 18 and I have personal first-hand
2. On the evening of Wednesday, January 23,2013,1 went to Malio's with a friend on my
own volition.
3. While at Malio's, I observed Phil Campbell having drinks with another man, who I later
learned was Jon Ellis.
4. While at Malio's, Phil Campbell introduced himself and bought drinks for my friend and
me.
5. Jon Ellis urged Phil Campbell to continue to drink.
6. Jon Ellis was not present when Phil Campbell and I left Malio's together.
7. Phil Campbell wanted to take me back to his apartment, for the sole purpose for him to
call me a cab so I could go home.
8. Phil Campbell insisted on driving and got into the driver's seat of the vehicle at the valet
stand.
9. No one at Adams & Diaco instructed me to lie about where I worked to Jon Ellis and/or
Phil Campbell.
10. No one at Adams & Diaco, including Stephen Diaco, instructed me to get in a vehicle
with Phil Campbell or have Phil Campbell drive my car.
11. No one at Adams & Diaco instructed me to obtain any privileged or confidential
information from Phil Campbell and/or Jon Ellis, nor did I obtain any privileged or
confidential information.
MELISSA PERSONIUS
Sworn toâffi
has produce!
2013.
[OTARY PUBLIC (Signature)
IN THE CI RCUI T COURT OF THE THI RTEENTH JUDI CI AL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL C I VI L LAW DIVISION
Plaintiffs,
INC., and BUBBA CLEM,,
Defendants.
/
NOTICE OF FI LI NG AFFIDAVIT OF STEPHEN C . DIACO
IN OPPOSITION TO PLAINTIFFS' MOTION FOR NEW TRI AL
AND MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDI CT
Undersigned counsel as counsel on behalf of ADAMS & DIACO, P.A., STEPHEN C.
DIACO, ROBERT D. ADAMS, BRIAN P. MOTRONI, and ADAM FILTHAUT in this action,
hereby give notice of filing the following in opposition to Plaintiffs' Motion for New Trial and
Motion for Judgment Notwithstanding the Verdict:
1. Affidavit of Stephen C. Diaco.
CERTD7ICATE OF SERVI CE
I HEREBY C ER TI FY that a true and correct copy of the foregoing has been furnished by
Electronic Mail and U.S. Mail to Joseph F. Diaco, Jr., Esq., Adams & Diaco, P.A., 101 East
Kennedy Boulevard, Suite 2175, Tampa, FL 33602, idiaco@adamsdiaco.com.
mseward@adamsdiaco.com; Gregory A. Hearing, Esq. and Charles J. Thomas, Esq.,
Thompson, Sizemore, Gonzalez & Hearing, P.A., 201 N. Franklin Street, Suite 1600, Tampa,
Florida 33602, ghearing@tsghlaw.com. cthomas@tsghlaw.com ; George A. Vaka, Esq., Vaka
Law Group, 777 S. Harbour Island Blvd. Suite 300, Tampa, FL 33602, gvaka@vakalaw.com: Wil
H. Florin, Esq., Thomas D. Roebig, Jr., Florin Roebig, P.A., 777 Alderman Road, Palm Harbor,
FL 34683, wlif@florinroebig.com. tdr@florinroebig.com. kathv@florinroebig.com;
PISERVlCE@florinroebig.corn: Scott E. Samis, Esq., Traub Lieberman Straus & Strewsberry,
LLP, First Central Tower, 360 Central Ave., 10
th
Floor, St. Petersburg, FL 33701:
ssamis@traubliebennan.com. cbunsa@traublieberman.com; and, Norman S. Cannella, Jr., Esq.,
4037 Henderson Boulevard, Tampa, FL 33629, cannella.pa@verizon.net this 4
l h
day of March,
2013.
y{
LEE D. GUNN I V, ESQ.
L GUNN@GUNNL AWGR OUP . C OM
SCOTT A. ARTHUR, ESQ.
SAR THUR @GUNNL AWGR QUP . C OM
GUNN LAW GROUP, P.A.
400 North Ashley Drive, Suite 2050
Tampa, FL 33602
(813) 228-7070 TE L E P HO N E
(813) 228-9400 FAC SI MI L E
Counsel for Adams & Diaco, P.A., Stephen C. Diaco,
Robert D. Adams, Brian P. Motroni, Adam Filthaut
2
LN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL LAW DIVISION
Plaintiffs,
INC., and BUBBA CLEM,
Defendants.
/
AFFIDAVIT OF STEPHEN C. DIACO
STATE OF FLORIDA }
}
COUNTY OF HI LLSBOROUGH }
BEFORE ME, the undersigned authority, personally appeared, STEPHEN C. DIACO
who, upon being duly sworn, deposes and says:
1. I am over the age of 18 and I have personal knowledge of the facts contained
herein.
2. I am employed at the firm of Adams & Diaco, P.A.
3. I never hired anyone to conduct surveillance on C. Phillip Campbell, Jr. or
Jonathon Ellis. Further, I have no knowledge of anyone conducting surveillance ofthe activities
of C. Phillip Campbell, Jr., prior to January 23, 3013.
4. Prior to their arrival at Malio's, I had no knowledge of any intent on the part of
Mr. Campbell or Mr. Ellis to go to Malio's to drink alcoholic beverages at the bar after trial on
the evening of January 23, 2013.
5. During the evening of January 23, 2013, I became aware of a report made to
Tampa Police Department of C. Phillip Campbell's potential to drink and drive and I did
thereafter respond to requests for information made by the Tampa Police Department which I
understand to be consistent with its protocols for its DUI task force.
6. I never instructed or suggested that Ms. Personius lie about where she worked to
Mr. Campbell or anyone else.
7. I never instructed or suggested that Ms. Personius get in a vehicle with Mr.
Campbell or have Mr. Campbell drive her car.
8. I never instructed or suggested that Ms. Personius obtain any privileged or
confidential information from Mr. Campbell or Mr. Ellis.
9. I never acquired privileged or confidential information regarding Shumaker, Loop,
& Kendrick's representation of Todd and Michelle Schnitt from anyone at any time.
10. To my knowledge, no one at the law firm of Adams & Diaco, P.A., or the law
firm of Thompson, Sizemore, Gonzalez & Hearing, P.A., ever gained confidential information
from the events that occurred on January 23, 2013 and January 24, 2013.
11. To my knowledge, the trial bag was never in the possession, custody or control of
Joseph Diaco, Jr., Greg Hearing, or anyone associated with Thompson, Sizemore, Gonzalez &
Hearing, P.A.
12. To my knowledge, Joseph Diaco, Jr., Greg Hearing, and anyone associated with
Thompson, Sizemore, Gonzalez & Hearing, P.A., first learned of the fact that the briefcase of C.
Phillip Campbell was left in Ms. Personius' vehicle after the return of the briefcase to the offices
of Shumaker, Loop, & Kendrick LLC.
2
13. To my knowledge, no one in any way associated with the defense of Bubba Clem
or the BRN ever gained access to C. Phillip Campbell's briefcase contents from the time of Mr.
Campbell's arrival at Malio's on January 23, 2013, until the briefcase was returned to the law
offices of Shumaker, Loop, & Kendrick LLC at approximately 5:15 p.m. on January. 24,2013.
STEPHEN C. DIACO
STATE OF FLORIDA
BEFORE ME. the undersigned authority, personally appeared STEPHEN C. DIACO
who, after being duly sworn deposes and says that he has read the foregoing affidavit and said
affidavit is true and correct to the best of his knowledge and belief. The person making the
acknowledgment is: ^ to me well known to be the person described herein or presented
the following identification: .
SWORN TO AND SUBSCRIBED before me this T- ~ day of March. 2013.
fokfltfth fi ^ ^ T X L t o
NOTARY PUBLIC in and for the State of F NOTARY PUBLIC in and foV the State of Florida
^ffV"; DEBORAH A HOSMUS X
Notify Public Slate ol Honda j
i My Comm. Expkti Miy 10.2017 j
/ CoMifesion # EE 886137
~^SLS^' I UKM Through Ntfkmal Notify v
CHART OF INFORMATION REQUESTED FROM FOOT
NAME HOME ADDRESS BUSINESS ADDRESS FLORI DA
TAG NO.
Melissa Personius 3308 Laurel View Drive
Brandon, FL 33511
101 E. Kennedy
Boulevard, Suite 2175
Tampa, FL 33602
Sonia Andrade
Stephen C. Diaco
Robert D. Adams
Adam Filthaut
Brian P. Motroni
1514 High Knoll Dr.
Brandon, FL 3351 1
6409 Bayshore Blvd.
Tampa, FL 3361 1
101 E. Kennedy
Tampa, FL 33602
500 Coffee Pot Riviera NE
101 E. Kennedy
Tampa, FL 33602
12813 Darby Ridge Dr.
Tampa, FL 33624
101 E. Kennedy
Tampa, FL 33602
4000 W. Spruce St.
Apt. 229W
Tampa, FL 33607
101 E. Kennedy
Tampa, FL 33602
Joseph Francis Diaco, Jr. 490 Lucerne Avenue
Tampa, FL 33606
101 E. Kennedy
Tampa, FL 33602
Sumter Clerk Page 1 of 1
Si I MTE RCOUNTY
< f I KK Ol ( , \ H
:
Ri ' S
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Person Cases New search
NAME ADDRESS SE X RACE CASES
PERSONI US, MELISSA ANNETTE RIVERVIEW, FL 33578 F W 1
CASE NUMB ER FI LE DATE CASE TYPE STATUS
602008TR016358TRAXMX
[08016358TRAXMX]
11/04/2008 Traffic CASE CLOSED
CHARGE SEQ* STATUTE STATUTE TEXT DATE PHASE
1 02/20/2009 Court: Adjudicated Guilty
[DEFENDANT=PERSONIUS, MELISSA ANNETTE ]
[3UDGE=SKIDM0RE, THOMAS D]
LAST DOCKET DATE=02/20/2009 DI SPOSI TI ON DATE=02/20/2009
fCourt Events 1 Finance Info 1 Docket lnfol
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Case Charge Phases
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[08016358TRAXMX]
CHARGE SEQ# STATUTE STATUTE TEXT DATE PHASE
[JUDGE=SKIDMORE, THOMAS D]
fCourt Events 1 Finance info | Docket Infol
CHARGE SE Q#: 1 Offense Date: Traffic Disposition:
10/26/2008 Paid fine or civil penalty
I NI TI AL: Status Date: Action: Statute / Text:
11/04/2008 Charged 316.187.2A / UNLAWFUL SPEED LTD ACCESS HWY > 70 MPH
COURT: Decision Date: Action: Statute / Text:
02/20/2009 Adjudicated Guilty /
httos://vvTvw2.mvfloridacountv.com/ccrri/do/chareePhases?a 1 ^RhzGI JFV8I IDT JxZMo0z5z.. 5/3/2013
wSUMTERCOUNTY
CLKR K OI C O V K D
Case Progress Dockets
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[08016358TRAXMX]
CHARGE SEQ* STATUTE STATUTE TEXT
1
DATE PHASE
02/20/2009 Court: Adjudicated Guilty
LAST POCKET DATE=02/20/2009 DI SPOSI TI ON DATE=02/20/2009
rCourt Events | Finance Info | Docket Infol
ACTION DATE TEXT
02/20/2009 FINAL DISPOSITION: PAID FINE 02/20/2009. CW
02/20/2009 PAYMENT RECEIVED AND POSTED: $297.50. CW
02/20/2009 D6 CLEARED AND LICENSE REINSTATED. CW
02/20/2009 CERTIFICATE OF COMPUANCE
12/12/2008 COLLECTIONS LETTER
12/11/2008 D6 ISSUED/LICENSE SUSPENDED FAILED TO PAY $250.00. BW
11/05/2008 AGENCY CITATION INTAKE: FINE AMOUNT ASSESSED $231.00. GG
hrtns://www? rnvflnriHar.niintv rnm/r.cm/rln/dncket^n 1 =Rrt7.fiI TFVRTIDI JxZMn07.57.70w&o... 5/1/2013
SUMTE RCOUNTY
CL E R K OF c o r n s
. 0w </}.. './(ifi/fixin/
Case Financial Information New search
602008TR0163S8TRAXMX
[08016358TRAXMX]
X 02/20/2009 Court: Adjudicated Guilty
[DEFENDANT^PERSONIUS, MELISSA ANNETTE ]
[Court Events 1 Finance Info | pocket Info]
Fi nanci al Summar y
| ASSESSMENT: Tot al : $297. 50 Pai d to Dat e : $297. 50 B al ance Due : $0. 00
j RESTITUTION: Tot al : $0. 00 Pai d to Dat e : $0. 00 B al ance Due : $0. 00
I Last Pa yment :
Fi nanci al Detai l s
COUNT ASSESSMENT DUE ASSESSMENT PAID RESTITUTION DUE RESTI TUTI ON PAID PAYMENT DATE jj
1 $297.50 $297.50 $0.00 $0.00
II
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S U M T H R C O U N T Y
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11/04/2008 Traffic CASE CL0SE0
[08016358TRAXMX]
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fCourt Events | Finance Info | Docket Infol
No court events found.
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'Traffic- System - Citation Data
Page 1 ot 1
Traffic Citations
For Hillsborough
County
Search By Name Search Bv Citation
Citation Data Pay Online Offense Data
Court Data
Payment
Information
Bond Data
Citation Data
Defendant Name Date Of Birth
PERSONIUS MELISSA A
Citation Number
008531F AM
6/29/1982
Uniform Case Number
29I071TR1423848500XX
Statute Violated
32234(1)
Severity.
INFRACTION
Disposition Status
Statute Description
DWLS W/O KNOWLEDGE
Offense Date Offense Time
12/8/2007 4:57 PM
DISPOSED HRG-FINE/COST
Court Division Court Location
COUNTY TRAFFIC TAMPA
Is your citation payable online?
Click here for online payment information-
Clerk's Home
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Traffic System - Offense Data
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PERSONIUS MELISSA A 6/29/1982
Citation Number Uniform Case Number
008531FAM 29I071TR1423848500XX
Agency:
HILLSBOROUGH COUNTY SHERIFF OFFICE
Officer Badge Officer:
7393 T HENDERSON
Statute Violated
32234(1)
Statute Description
DWLS W/O KNOWLEDGE
Severity
INFRACTION
Actual Speed
0
Posted Speed
0
Offense Date Issue Date Breath Test Results
12/8/2007 12/8/2007 .00
Accident
NO
Accident Type
NONE
Property Damage
$0.00
Capias Capias Issued:
Clerk's Home
5/3/2013
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PERSONIUS MELISSA A
Citation Number
008531FAM
6/29/1982
Uniform Case Number
29I071TR1423848500XX
Court Division:
Continuances:
0
Previous Court Division:
Attorney Name
Scheduled Court Activity
0 1 2
Type: COME BACK TO PAY
2/15/2008
4:30 PM
Clerk's Home
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County
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PERSONIUS MELISSA A
Citation Number
008531FAM
6/29/1982
Uniform Case Number
29I071TR1423848500XX
Adjudication Date
3/19/2008
Plea
GUILTY
Disposition Status:
Finding License Action
GUILTY NO
Currently on Probation Probation End Date
NO
School Deadline Date School
Court Division Disposition Judge / Hearing Officer
; (Z2)
Payment History
Receipt Number
61034237
Payment Date
3/19/2008
Amount Paid
$153.50
http://pubrec2.hillsclerk.com/patraffic/adjudicationdata.aspx 5/3/2013
Traffic System - Adjudication Data Page 2 of 2
Payment Due Information
If payment is received by: Total Due
Note: If electing the school option, please click " School Election
Information" for school affidavit and eligibility information, if eligible,
please sign affidavit and mail with payment to Clerk of the Circuit Court
P.O. Box 3360 Tampa, FL, 33601 -3360.
In this event, please deduct $7.00 from the Total Due (School Elected)
box.
School Election Total Due (School
Information Elected)
[ School Election Information J
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PERSONIUS MELISSA A
Citation Number
005109SLF
6/29/1982
Uniform Case Number
29I081TR1500561500XX
Statute Violated
316610(1)
Severity:
INFRACTION
Disposition Status
Statute Description
IMPROPER EQUIP/UNSAFE
2/17/2008 1:39 PM
1 TRAFFIC COUNTY PLANT CITY
Click here for online payment information.
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mmmmmmmmm
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005109SLF 29I081TR1500561500XX
Agency:
FLORIDA HIGHWAY PATROL
Officer Badge
2455
Statute Violated
316610(1)
Severity
INFRACTION
Offense Date
2/17/2008
Accident
NO
Officer:
J C MAY
Statute Description
IMPROPER EQUIP/UNSAFE
Actual Speed
0
Posted Speed
0
Issue Date Breath Test Results
2/17/2008 .00
Accident Type
NONE
Property Damage
$0.00
Clerk's Home
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County
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005109SLF 29I081TR1500561500XX
Court Division: Previous Court Division:
1
Continuances: Attorney Name
0
0 1 2
COME BACK TO PAY
4/18/2008
4:00 PM
Type:
Date:
Time:
Clerk's Home
h t t p : / / p u b r e c 2 . h i l l s c l e r k . c o r n / p a t r a f f i c / j u d i c i a l d a t a . a s D X
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PERSONIUS MELISSA A
Citation Number
005109SLF
6/29/1982
Uniform Case Number
29I081TR1500561500XX
Adjudication Date
5/21/2008
Plea
GUILTY
Disposition Status:
GUILTY NO
NO
Court Division
1
Disposition Judge / Hearing Officer
CHRISTINE K. VOGEL
Payment History
Receipt Number
61036434
Payment Date
5/21/2008
Amount Paid
$106.50
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Traffic System - Adjudication Data
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Information" for school affidavit and eligibility information. If eligible,
P.O. B ox 3360 Tampa, FL, 33601-3360.
In t hi s event , p l ea s e deduct $7. 00 f rom t he Tot al Due ( School E l ect ed)
box.
[ School Election Information j
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PERSONIUS MELISSA A
Citation Number
00511OSLF
6/29/1982
Uniform Case Number
291081TR1500561600XX
Statute Violated
32215(1)
Severity:
INFRACTION
Disposition Status
Statute Description
FAIL DISPLAY LICENSE
2/17/2008 1:39 PM
DISMISSED BY VB - INFRACTION
1 TRAFFIC COUNTY PLANT CITY
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Traffic Citations
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Defendant Name
PERSONIUS MELISSA A
Citation Number
005110SLF
Date Of Birth
6/29/1982
Uniform Case Number
29I081TR1500561600XX
Agency:
Officer Badge:
2455
Statute Violated
32215(1)
Severity
INFRACTION
Offense Date
2/17/2008
Accident
NO
Capias
Officer:
J C MAY
Statute Description
FAIL DISPLAY LICENSE
Actual Speed
0
Posted Speed
0
2/17/2008 .00
Accident Type
NONE
Property Damage
$0.00
Capias Issued:
Clerk's Home
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005110SLF 29I081TR1500561600XX
Adjudication Date
3/19/2008
Disposition Status:
DISMISSED BY VB - INFRACTION
Plea
NOT GUILTY
DISMISSED NO
NO
Court Division
1
CHRISTINE K. VOGEL
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61034238
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$19.50
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PERSONIUS MELISSA A
Citation Number
005111SLF
6/29/1982
Uniform Case Number
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Statute Violated
32203(1)
Severity:
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Statute Description
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2/17/2008 1:39 PM
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TRAFFIC COUNTY PLANT CITY
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005111SLF 29C081CT1500129500XX
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2455
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32203(1)
Severity
CRIMINAL
Offense Date
2/17/2008
Accident
NO
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J TPR MAY
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NVDL
Actual Speed
0
Issue Date
2/17/2008
Accident Type
NONE
Capias Issued:
Posted Speed
0
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.00
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$0.00
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p
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1 TY TRAYNER ESQ
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5/16/2012 9/14/2012 3/14/2012
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005111SLF 29C081CT1500129500XX
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NOLO CONTENDRE GUILTY
NO
NO
Court Division
Payment History
Receipt Number
66057611
Payment Date
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Amount Paid
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PERSONIUS MELISSA A
Citation Number
000348XCM
Date Of Birth
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Uniform Case Number
29C091CT1402097700XX
Statute Violated Statute Description
31619331 | | DUI-PROP DAMAGE/INJURY 3161933(A)(B)(C)1
Severity: Offense Date Offense Time
CRIMINAL 7/24/2009 10:52 PM
Disposition Status
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B COUNTY TRAFFIC TAMPA
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281 OFC J T-45555 BLANCHARD
Statute Violated Statute Description
31619331 I | DUI-PROP DAMAGE/INJURY 3161933(A)(B)(C)1
Severity
CRIMINAL
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7/24/2009
Accident
NO
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7/25/2009
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.99
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6/29/1982
Uniform Case Number
29C091CT1402098400XX
Statute Violated
316192(1)*
Severity:
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Disposition Status
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RECKLESS DRIVING REDUCE FROM DUI
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TAMPA POLICE DEPT
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281
Statute Violated
316192(1)*
Severity
CRIMINAL
Offense Date
7/24/2009
Accident
NO
Officer:
OFC J T-45555 BLANCHARD
Statute Description
RECKLESS DRIVING REDUCE FROM DUI
Actual Speed
0
Posted Speed
0
7/25/2009 .99
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NONE
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$0.00
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000347XCM
6/29/1982
Uniform Case Number
29C091CT1402098400XX
Adjudication Date
1/6/2010
Plea
Disposition Status:
DISPOSED TRIAL-PROB/DWI SCH
NO
NO
Court Division
B
DWI COUNTER ATTACK
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Receipt Number
99999999
Payment Date
12/30/2010
Amount Paid
$1,665.00
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008961 GEY
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6/29/1982
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29C091CT1402098500XX
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3161939
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SECOND REFUSAL
7/24/2009 10:52 PM
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281
Statute Violated
3161939
Severity
CRIMINAL
Offense Date
7/24/2009
Accident
NO
Capias
6/29/1982
Uniform Case Number
29C091CT1402098500XX
Officer:
OFC J T-45555 BLANCHARD
Statute Description
SECOND REFUSAL
Actual Speed
0
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0
7/25/2009 .00
Accident Type
NONE
Property Damage
$0.00
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008961 GEY 29C091CT1402098500XX
B
ADAM R.FILTHAUT.ESQ
0 1 2
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008961 GEY 29C091CT1402098500XX
Adjudication Date
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Plea
NO
NO
Court Division
B
Payment History
Receipt Number
58016804
Payment Date
7/18/2011
Amount Paid
$280.00
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PERSONIUS MELISSA A
Citation Number
001919FPH
6/29/1982
Uniform Case Number
29I091TR1411429400XX
Statute Violated
316217(1)A
Severity:
INFRACTION
Disposition Status
Statute Description
VEH W/O LIGHTS AT NIGHT
7/24/2009 10:52 PM
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PERSONIUS MELISSA A
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TAMPA POLICE DEPT
Date Of Birth
6/29/1982
Uniform Case Number
29I091TR1411429400XX
Officer Badge:
871
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316217(1)A
Severity
INFRACTION
Offense Date
7/24/2009
Accident
NO
Capias
Officer:
MPO M A LEAVY-44046
Statute Description
VEH W/O LIGHTS AT NIGHT
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0
Issue Date
7/24/2009
Accident Type
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Breath Test Results
.00
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001919FPH 29I091TR1411429400XX
B
3 ADAM R.FILTHAUT.ESQ
0 1 2
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Date:
Time:
PRE-JURY TRIAL
CONFERENCE
JURY TRIAL
1/6/2010 1/19/2010
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Adjudication Date
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DISMISSED NO
NO
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B
Payment History
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P.O. Box 3360 Tampa, FL, 33601-3360.
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PERSONIUS MELISSA A
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001920FPH
6/29/1982
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29I091TR1411429500XX
Statute Violated
316646(1)
Severity:
INFRACTION
Disposition Status
Statute Description
FAILED TO DISPLAY PIP INS
7/24/2009 10:52 PM
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001920FPH
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Uniform Case Number
29I091TR1411429500XX
Agency:
TAMPA POLICE DEPT
Officer Badge:
871
Statute Violated
316646(1)
Severity
INFRACTION
Offense Date
7/24/2009
Accident
NO
Capias
Officer:
MPO M A LEAVY-44046
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Actual Speed
0
Posted Speed
0
7/24/2009 .00
Accident Type
NONE
Property Damage
$0.00
Capias Issued:
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6/29/1982
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B
3 ADAM R.FILTHAUT.ESQ
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DISMISSED NO
NO
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B
Payment History
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PERSONIUS MELISSA A
Citation Number
008962SSS
6/29/1982
Uniform Case Number
29M091IN1400091500XX
Statute Violated
316187(2)A$
Severity:
Statute Description
SPEED-INTERSTATE 30+ MPH
MANDATORY COURT 8/21/2009 12:15AM
Disposition Status
K COUNTY TRAFFIC TAMPA
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316187(2)A$
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Offense Date
8/21/2009
Accident
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Officer:
TPR JEREMY COHEN
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SPEED-INTERSTATE 30+ MPH
MANDATORY COURT 101
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Issue Date
8/21/2009
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NONE
Capias Issued:
Posted Speed
70
Breath Test Results
.00
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K
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008962SSS 29M091IN1400091500XX
Adjudication Date
8/16/2011
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K
JAMES A. LENFESTY
Payment History
Receipt Number
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Payment Date
1/31/2013
Amount Paid
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PERSONIUS MELISSA A
Citation Number
008963SSS
6/29/1982
Uniform Case Number
29I091TR1413240800XX
Statute Violated
316646(1)
Statute Description
Severity:
INFRACTION
8/21/2009 12:15AM
Disposition Status
COUNTY TRAFFIC TAMPA
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008963SSS 29I091TR1413240800XX
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Officer Badge:
2716
Statute Violated
316646(1)
Severity
INFRACTION
Offense Date
8/21/2009
Accident
NO
Capias
Officer:
TPR JEREMY COHEN
Statute Description
Actual Speed
0
Posted Speed
0
8/21/2009 .00
Accident Type
NONE
Property Damage
$0.00
Capias Issued:
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008963SSS 29I091TR1413240800XX
Adjudication Date
9/9/2011
Disposition Status:
Plea
GUILTY
GUILTY NO
NO
Court Division
2)
Payment History
Receipt Number
84083556
Payment Date
9/9/2011
Amount Paid
$124.00
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P.O. Box 3360 Tampa, FL, 33601-3360.
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* Hillsborough County Clerk's Court Records Page 1 of 1
C i r c u i t C i v i l . C o u n t y C i v i l . F a m i l y L a w . P r o b a t e .
G u a r d i a n s h i p . M e n t a l H e a l t h C o u r t P r o g r e s s
D o c k e t s
C h a r g e S t a t u s
N A M E
. PERSONI US, MELI SSA
P E R S O N
000760981 Partv-D001 P " * Closed-
N A M E
' ANNETTE Id:
0 0 0 r 6 0 9 8 1 P a r t y
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0 0 0 1
Status: 06/ 07/ 2011
UCN: 292011CF007703D001TA J J J*" 05/ 18/ 2011 Division: O ^ g *
Case Type Description: OTHER g KCUr ^
CURRENT CHARGES
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Count Charge Code GOC Charge Description Level PJea.
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REVOKED-HABI TUAL OFFENDR DEGREE
Disposition Date: 06/ 07/ 2011 Disposition Description: REDUCED TO COUNTY COURT
ARREST INFORMATION
Arrest Arresting
A R N
Rearrest
R
Booking Jail Release Release
Date Agency Date "
e a s o n
No. Location Status Date
05/ 18/ 2011 POLI CE DEPT
1 1 2 8 2 1 1 4
11024479 BOND
0 5 / 1 9 / 2 0 1 1
CHARGE INFORMATION
Count Charge Code GOC Charge Description Level/Degree
32234 5 - DRI VI NG WHI LE LI CENSE FELONY THI RD
' TRAF6078 REVOKED-HABI TUAL OFFENDR DEGREE
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Page 1 Go Sh ow 10 - Ti cke t s pe r page Page 1 of 1
2006 Hi l l sborough Count y Cl e rk o f t h e Ci rcui t Court . All ri gh t s re se rve d.
Legal I nf or mat i on and Di scl ai me r St at e me nt .
http://pubrec 11 .hillsclerk.com/TrafficWeb/AnonyrnousZone/SearchCase.asDx 5/3/20 n
In The Matter Of:
In Re: State Attorney Investigation
Melissa Personius
May 23, 2013
St. Petersburg
Original File SAO Invest In Re Campbell_05-23-13 Jvlelissa Personius.txt
In Re: State Attorney Investigation Melissa Personius
May 23, 2013
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IN THE CIRCUIT COURT POR PINELLAS COUNTY, FLORIDA
I N RE:
/
STATEMENT OF:
DATE:
PLACE:
REPORTED BT:
APPEARANCES:
MELISSA PERSONIUS.
May 23, 2013, 1:22 p.m.
Hi l l s b o r o u g h County Co u r th o u s e
Donna M. Kanabay RMR, CRR, FPR,
N o tar y Pu b l i c ,
State o f F l o r i d a at l ar g e .
MR. WILLIAM LOUGHERY
A s s i s t an t S t at s Atto r neys
Atto r neys fo r St at e o f F l o r i d a .
ALSO PRESENT:
I n v e s t i g at o r R i c k Har t
Page 2
i l (The witness was sworn.)
! 2 MELISSA PERSONIUS.
!
3 the witness herein, being first duly sworn, was examined
j 4 and testified as follows:
j 5 DIRECT EXAMINATION
6 BY MR. LOUGHERY:
[ 7 Q Please state your name,
i 8 A Melissa Personius.
j 9 Q What's your date of birth?
i o A June 29th, 1982.
111 Q And what's your - what do you currently do? How
i 12 are you employed?
j 1 3 A I am a legal assistant for Adams & Diaco.
j 1 4 Q And how long have you been employed in that -- by
i i s Adams & Diaco?
| i 6 A Approximately five years,
j 1 7 Q And have you been a legal assistant for them that
i i s whole time?
1 9 A Yes.
{ 2 o Q Can you just give me an idea - is there a
1 2 1 particular lawyer you're assigned to or do you just work for
j 2 2 the firm, or how does that work?
1 2 3 A Yes. I primarily work for Robert Adams.
1 2 4 Q Okay. And has that been for that five-year
1 2 5 period?
Pa g e 3
1 A Yes.
2 Q Now, as a legal assistant, is that - for lack of
3 a better word, is that a paralegal?
4 A Yeah.
5 Q Do you have to have a degree to do that, or is it
6 just a matter of experience and working in law offices?
7 A It's different depending on the firm you work for.
8 Some firms consider a paralegal -
9 I was previously a paralegal at my old firm.
10 Q Okay.
11 A I'm not a certified paralegal.
12 Q Got you.
13 Okay. Now, I'll say some things, and you can just
14 correct me if I'm wrong about it.
15 But there was this lawsuit between Bubba and MJ,
16 right? That, we know about. And I think that was about
17 five years; had been around for about five years? Does that
18 sound about right?
19 And I'm not trying to stick -
20 A Yeah. I just -
21 Q If you -
22 A I just don' t -
2 3 Yeah. I believe so.
2 4 Q I mean, it had been around for a while -
25 A Had. Yes.
Pa ge 4
1 Q - type situation.
2 And on January 23rd of this year, the day this -
3 basically, all this stuff happened, that would have been
4 maybe the second week of trial or something like that?
5 A I think so.
6 Q The third. I get lost sometimes.
7 All right. Now, did you have any duties, legal
8 duties or work duties with that case?
9 A Not at that time, no.
i o Q Okay. And it's my understanding that Rob Adams
n really wasn't one of the lawyers involved in the trial.
12 A No.
13 Q Is that correct?
1 4 A That's correct.
1 5 Q Okay. And the lawyers in the trial, I guess, were
i s Jay Diaco, and Brian Motroni, I guess, did some work with
17 that.
1 8 Who else was in there, do you remember?
1 9 A I'm not sure.
20 Q Okay. Was Stephen Diaco part of that trial? I
21 mean, sitting behind the desk or just -
22 A I'm not sure.
23 Q Okay. You never went to the court. You never had
2 4 any ~
2 5 A No.
(I ) Page 1 - Page 4
May 23,2013
Page 5 Page 7 !
1 Q - dealings with that. I'm just going to assume, l What, if anything, occurred that day? Obviously, j
2 because Rob Adams wasn' t involved in that case, that would 2 1 want to find out i s about how you came in contact with him \
3 mean that you really weren't either. 3 and that kind of thing, and if anybody talked to you about j
4 A Right. 4 doing anything in particular. So why don't you just tell me j
5 Q Just a second ago you said at some point you did 5 where - how it started.
6 get some involvement in that case? 6 A I'm not sure where to start. i
7 A From the best of my recollection, a few years ago, 7 1 mean, 1 was at Malio's on January 23rd with a
1
8 at one point 1 was briefly working for Jay Diaco -- 8 friend, and we were just having a glass of wine. It was a ;
Q Mm-hmm. 9
normal day. And we were - when we c a me in, the downstairs i
10 A -- and so 1 - and you know, I'm positive that 1 10 bar was packed, so we sat at a table above the bar.
1 1 would have touched the case. 1 1 Q Okay. And when would that have been,
1 2 Q Yeah. 1 2 approximately, if you remember?
1 3 A Maybe scheduled something, maybe requested 1 3 A It was somewhere between 5 and 6 p.m.
1 4 something. So to that extent, you know. 14 Q Okay. Okay. So between -- before 5:00, what was
1 5 Q Mm-hmm. 1 5 your decision, or why did you decide to go to Malio's?
16 A Yes. It's been multiple years since I've had to 16 A To be very honest, 1 didn't want to go to just one
17 do that. 17 of the normal bars around. i
18 Q Okay. Well, let's talk about January 23rd and 18 Q Right.
;
1 9 Phil Campbell. 1 9 A 1 wanted to be around more professional, you know,
| 2 0 Tell me about your day and how you first got 2 0 people, men. 1 didn't want to just go to a junky bar down
! 21 involved i n what turned out to be an arrest of Mr. Campbell. 2 1 the street. 1 felt like 1 wanted to be around, you know, a
I
2 2 A Beginning where? 2 2 better crowd.
2 3 Q Whenever, 1 guess, beginning - 2 3 Q Okay. j
2 4 Well, let me ask you this: Before January 23rd of 2 4 A Somewhere nicer. 1 just felt like being somewhere
!
2 5
!
2013, were you aware of Phil Campbell? 2 5 nicer than the other bars in downtown.
Page 6 Page 8 j
! i A Yes. 1 Q Okay. Had you ever been to Malio's before?
i
1 2
Q And how were you aware of Mr. Campbell? 2 A Yeah. Yes.
i 3 A Well, aware as in - I mean - 3 Q Approximately how many times?
1
4 Q Do you know who he was 4 A 1 mean -
! 5 A I knew - 5 Q Again, I'm not trying t o stick you on specifics.
1 6 Q - what he was doing? 6 A Yeah. 1 know.
i 7 A I knew that he was one of the opposing counsels in 7 Q 1 just want to get a general idea.
I 8
that case. I had never seen him or spoke to him. 8 A Anywhere between five and 10 times.
j 9 Q Okay. So you wouldn't even - if y o u were to see 9 Q Okay. And I'm talking about the Malio's at that
| 1 0 him, you wouldn't recognize him. 10 location in the Sykes Building
j l l A Yes. I mean, I would have, you know, recognized 11 A Yes.
; 1 2 him if I saw him, you know, within a certain distance. Not 12 Q ~ all right?
1 1 3 from across the room or - 13 A That's the only one I'm aware of.
1 x 4
I
Q Okay. 14 Q Okay. So you said you went with a friend.
l i s A y o u know. 1 5 Who did you go with?
I l 6 Q And is that because of seeing him at the office or 16 A Vanessa Fykes.
| l 7 seeing, maybe, him on TV or something? 17 Q And how do you know Vanessa?
| 1 8 A Maybe a little of both. 18 A She used t o previously work for Adams & Diaco.
j 1 9 Q Okay. All right. So on this particular day, on 1 9 Q Okay. While you were working there as well?
j 2 0 January 23rd - 2 0 A Yes. She started after 1 did.
; 2i Well, let me ask you this: Were you asked to be 2 1 Q Okay. Did you become friends or
i
2 2 involved in any kind of situations where you would have 2 2 A Yeah.
I
! 2 3
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contact with Phil Campbell prior to January 23rd? 2 3 Q - acquaintances while at work?
| 2 4 A No. 2 4 A We did. And we continued t o remain friends after
i
2 5 Q Okay. Let's talk about January 23rd. 2 5 she left.
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May 23,2013
Page 9 Page 11
1 Q Okay. And is this - would you see - let me l A Yes.
2 rephrase that. 2 When we walked in, you know, obviously, typically
3 Would you talk to her on a daily basis? 3 you go straight to the bar area. It's first come, first
4 A Not daily. 4 serve.
5 Q Okay. How would you describe - 5 Q Right.
6 A 1 mean, at some point, but no, it wasn't daily. 6 A And the hostess said, you know, "I don't think
7 But we kept in constant contact. We met up for happy hours 7 there's any chairs. You can walk around and look." And we
8 and got together and caught up with our lives and - 8 obviously see there was no room.
9 Q So you two going out for a happy hour would not be 9 Q Mm-hmm.
1 0 uncommon. 10 A So she took us to the right and then up the
1 1 A No. Not at all. 1 1 stairs, and then - so we were on the bar side.
1 2 Q And on this particular day, on January 23rd, how 1 2 Q Okay.
1 3 was it that you got together to go to Malio's? 1 3 A But we were sitting - there's two sides
1 4 A We had been wanting to go out, and we just 1 4 upstairs -
1 5 e-mailed each other. We were going back and forth, "What 1 5 Q Okay.
1 6 about happy hour? Let's go do happy hour." 16 A ~ one closest to the bar ledge, and then one to
17 Q Okay. Was it your decision to go to Malio's or 17 the window, the tables by the windows.
1 8 her? 18 Q Right.
1 9 A Mine. 1 mean, 1 didn't have to force her, but - 19 A And we were at the table by a window, by a window,
2 0 Q 1 understand. 2 0 looking out.
2 1 A But mine. 2 1 Q From that position, were you able to see the bar?
2 2 Q It was your suggestion. 2 2 A No. Not really. I mean, I would have to sit up
2 3 A It was my suggestion. Yes, it was. 2 3 and look over tables.
2 4 Q You said you were there sometime between - I'm 2 4 Q Because you had to -
2 5 not trying to trick you - 5 and 6 or 5:30 and 6? 2 5 A Yeah. Yeah.
Page 10 Page 12
1 A Sometime between 5 and 6. 1 Q Okay. So you go there with Vanessa.
2 Q How did you get there? 2 What do you do when you get there, after you've
3 A I drove. 3 been seated?
4 Q And how did Vanessa get there? 4 A We order a glass of wine -
5 A She drove. 5 Q Okay.
6 Q A separate car I assume, right? 6 A - and they bring us over some bread, and we just
7 A Yes. 7 start chit-chatting, talking.
8 Q And where did you park when you got there? 8 Q How many glasses of wine did you have there at
9 A In the parking garage. 9 that time?
10 Q Okay. Both of you? 10 A Two.
1 1 A Yes. 11 Q Same with Vanessa, or do you know?
1 2 Q So I take it you both went into Malio's together, 12 A I don't remember.
1 3 and you said it was kind of crowded, so you sat at the 13 Q Okay. How did you pay?
14 upstairs bar - or upstairs dining area. 14 A With my debit card.
1 5 A Right. 15 Q Did you order anything to eat or just the
1 6 Q Now, I've been in there just once. But when you 16 beverages?
17 walk in, there's a bar on your left and there's dining on 17 A No. It was just the beverages.
18 your right. 18 Q Okay. All right. So how long do you think you
1 9 A Mm-hmm. 19 were there?
2 0 Q And then there's the upper level that goes all the 2 0 A Anywhere from 30 minutes to an hour.
2 1 way through in the back, is that right? 2 1 Q All right. So what time, approximately, do you
2 2 A Right, yes. 2 2 think it was when you left? Again, I'm not trying to stick
2 3 Q Now, where you were seated at that time, would 2 3 you. Just a general idea.
2 4 that have been the upper area on the bar side or the upper 2 4 A Sometime between probably --1 mean, I think it
2 5 area on the dining side? You follow what I'm saying? 2 5 was about 6:30 -
(3) Page9-Page 12
May 23,2013
Page 13 Page 15
1 Q Okay. l A When we left, we walked down the stairs on the bar
2 A - -ish, maybe a little after. 2 side.
3 Q Ail right. And are you up in that -- seated there 3 Q Mm-hmm.
4 the whole time you're there? Do you ever move or go any 4 A And so at that point I was walking through the
5 other locations - 5 crowd in the bar
6 A No. 6 Q Mm-hmm.
7 Q - a t Malio's? 7 A - and could recognize that Phil Campbell was
8 A We were upstairs the entire time. 8 sitting at the bar.
9 Q And you leave Malio's then, is that right? 9 Q Okay. Do you know Jonathan Ellis?
10 A Mm-hmm. 10 A No. Not before that day.
11 Q And where do you go at that point? 1 1 Q Okay. Do you know who he is now, if I refer to
12 A To Fly Bar. 1 2 him?
13 Q Both you and Vanessa drive cars to the Fly Bar? 1 3 A I do now, yes.
14 A Yes. 14 Q Was he there at that time?
1 5 Q And what happens when you get to the Fly Bar? 1 5 A I don't - I don't recall.
16 Let me rephrase that. Let me ask you this: 16 Q All right. May have been, maybe not. You don't
17 Was there any particular reason why you're going 17 know.
18 to Fly Bar? You're going to meet somebody 1 8 A Right.
1 9 A No. 1 9 Q And did you talk to Mr. Campbell at that time at
2 0 Q a place you oftentimes go, or what was the 2 0 all?
2 1 situation there? 2 1 A No, I didn't.
2 2 A Just a place we go often, and normally have a nice 2 2 Q So you just saw he was there, walked by.
2 3 crowd. 2 3 A Right.
2 4 Q Okay. And not being familiar with the bar scene 2 4 Q Do you remember where at the bar he was sitting?
2 5 in Tampa, is the Fly Bar, to use your words, more of a junky 2 5 And by that I don't mean on a stool with anybody. Would it
|
Page 14 Page 16
1 bar than Malio's - 1 be close to the entrance - it's kind of a semi-circle, I
2 A No, it's not. 2 think - or would it be near the end of the bar -
3 Q - or is it the same - I don't know. I'm just 3 A I don't recall.
4 saying. 4 Q - or you don't remember.
5 A I can't tell you about all the bars in Tampa. 5 Okay. Was the bar still crowded at that time?
6 Q I didn't mean it like that. 6 A Yes.
7 A No. 7 Q And what was he doing, if you recall?
8 Q I'm just saying you said part of the reason you 8 A I don't recall.
! 9
went to Malio's earlier was because you kind of wanted to 9 Q Just sitting at the bar.
j i o A It kind of attracts more - 10 A Sitting at the bar. I could see there was a drink
1 1 Q Professional crowd. 1 1 in front of him, and he was sitting at the bar.
1 2 A - of a professional crowd. It does. And Fly Bar 12 Q All right. Okay. So when you leave and go to the
1 3 has more of a casual feel. 13 Fly Bar, did you communicate with anybody that you had seen
1 4 Q Got you. All right. 14 Phil Campbell at Malio's?
1 5 Okay. So what do you do when you and Vanessa get 1 5 A Yes.
1 6 to the Fly Bar? 16 Q Okay. Tell me about that. Who and what did you
1 7 A We order a glass of champagne. 17 say?
1 8 Q Okay. 1 8 A As I was walking out of Malio's, I noticed that
1 9 A Or not champagne. Chardonnay. Sorry. 19 Phil Campbell was at the bar. I contacted, from the best of
2 0 Q Okay. 2 0 my recollection, Rob Adams, and told him, you know - I
2 1 A And sit outside. 2 1 don't recall exactly the words, but basically that I'm at
2 2 Q All right. Now, before you left Malio's, did you 22 Malio's and Phil Campbell was at the bar.
2 3 see Phil Campbell in Malio's? 2 3 Q Mm-hmm.
2 4 A Yes. 24 A Because it was pretty shocking.
2 5 Q Okay. Tell us about that. 2 5 Q Why is that shocking?
(4) Page 13-Page 16
May 23,2013
Page 17 Page 19
1 A Because he was in the middle of a big trial, and l Q Okay. We'll call that two then.
2 he had already a previous OUI, and it was a very 2 A Right.
3 high-profile case. So I couldn't believe he would be 3 Q Did you have more than two that you can recall?
4 drinking at a bar - 4 A Regarding -
5 Q Okay. 5 Q About - well, I mean, I wasn't the one making
6 A - the night of trial. Just not the type of 6 texts, so I don't know the answer to that.
7 attorneys that I'm used to seeing. 7 A I mean -
8 Q Okay. You said you knew that -- by then you 8 Q My question is, did you continue to text
9 already knew that he had had a prior DUI. How did you know 9 Mr. Adams -
10 about that? 10 Let me just ask you that, simple.
11 A It was in the news. 1 1 Did you continue to text Mr. Adams during that
12 Q Had there been any talk at Adams & Diaco about 1 2 time frame after those initial two?
13 Campbell and his drinking and having a DUI or anything along 13 A I believe so.
1 4 those lines, anybody commenting on, you know, hi s propensity 14 Q And do you know what the contents of those texts
1 5 to drink or whatever? 1 5 would have been about?
1 6 A Not that I can recall. 16 A I can't recall the actual -
17 Q Okay. So your seeing Phil Campbell at the bar and 17 Q Would they have been -
1 8 knowing he had a prior DUI, you wer e shocked enough that you 1 8 A - context of it, no.
1 9 called Rob Adams to say that Campbell was drinking at t he 1 9 Q Would they have been in reference, still, to
2 0 bar. 2 0 Mr. Campbell?
2 1 A Textedhim. Yes. 21 A Possibly.
2 2 Q You texted him. I meant to ask you that. 2 2 Q Did - now I'm talking about time frame now, right
2 3 Okay. All right. And did he have any response to 2 3 after Malio's, maybe leading up to Fly Bar, that kind of
2 4 that text? 24 situation.
2 5 A To the best of my recollection, yes. 2 5 Did you text or call anybody else during that
Page 18 Page 2 0
1 Q What was that? 1 time, if you can recall?
2 A But I don't remember specific -- specifically what 2 A I don't recall. I would have to look at -
3 he said. Just basically, you know, if I was sure it was 3 Q Do you recall whether you received any texts or
4 him, and if - you know, I saw any other information or any 4 calls from anybody else such as Mr. Diaco, Stephen Diaco?
5 other useful information. That's it. Just basically, "Was 5 A I don't recall at all.
6 he drinking," or, "Are.you sure?" And I was like - 1 mean, 6 Q I'm not trying to play games with you. I just
7 it was him. 7 want to - when you say "I don't recall," that can be you
8 Q Okay. 8 may have and you dont remember, or you're saying you did
9 A But I don't remember a specific conversation. 9 not get any.
1 0 Q Okay. Now, would you - when these texts were 10 Do you follow the - understand the distinction?
1 1 occurring, this would be after you left the bar, or were you 11 A Well, I would - I mean, I would have to see the
1 2 still in the bar? 12 phone records to know.
1 3 A After I left Malio's? 13 Q I understand.
1 4 Q Yes. 14 A Because it was six months, five months ago.
1 5 A Yes. 15 I don't - I don't remember.
1 6 Q Okay. So would these - that communication 16 Q Okay. That's what I'm trying to find out.
1 7 between you and Rob Adams be occurring, like, while you're 17 A Yeah.
1 8 driving to the Fly or in the parking lot or - 18 Q Because people say -
1 9 A Sometime between that time. 19 A Yeah.
2 0 Q Okay. Now, while you were at - 2 0 Q You know, when they say "I dont remember that,"
2 1 Well, before I get to that did you have more than 2 1 that's, in effect, they're saying no, as opposed to, "It may
2 2 one exchange with Rob Adams at that time about Mr. Campbell 2 2 have happened. I just don't remember."
2 3 being in Malio's? 2 3 A I'll say no - yeah - I'll say no if it's no. If
2 4 A I couldn't say for certain. I mean, more than 2 4 I'm certain, I'll say no.
2 5 one, yes. It was a text and a response. So, yes. 2 5 Q Okay. So you get to the Fly Bar.
(5) Page 17-Page 20
May 23,2013
Page 21 Page 23 i
1 What happens there in reference to Phil Campbell, l Q Okay. ;
2 if anything? 2 A - regarding, you know, if - where, you know, if
3 A Nothing happens there. I mean, regarding him. 3 he's there or how many drinks he's had, whatever that was '
4 I offered - I believe I offered to just go back 4 Q Mm-hmm.
5 if they needed, you know, anything, any other -- to see 5 A - that - those weren't typical questions that he
6 maybe if he's still there. I don't know. Whatever 6 would have asked me.
7 information the police or authorities needed. 7 Q Right.
8 Q Okay. I'm way off o n this. 8 A So obviously, if 1 - 1 took it that they were -
9 Why would the police or authority need any 9 they were professional, you know, investigating questions.
1 0 information? 1 0 That"s how 1 can remember taking that, implying that.
1 1 A Well, I would assume that's why they even cared 1 1 So 1 offered to go back if need be -
1 2 that he was there. 1 2 Q Okay.
1 3 Q Well, we've missed the whole point about why they 1 3 A - just to check - whatever he needed. 1 was
14 care at all either. 1 4 fine. 1 was right down the street so it wasn't a big deal
1 5 A Yeah. I don' t - 1 5 for me. That's all it was.
16 Q Clue me in on that, why - what were they saying 16 Q Okay. So when you - when you went back to
17 to you that gave you the impression that they cared that he 17 Malio's, what instructions did you have? Were they - 1
18 was there? 1 8 mean, were they telling you, "You need to d o this - "
1 9 A I don't know any specifics like that. I would 1 9 A No.
2 0 just - from now realizing what was happening - 2 0 Q " - you need to do that"?
2 1 Q Mm-hmm. 2 1 A No.
2 2 A - that's obviously, you know, what happened. 2 2 Q Did you assume you're going to still be in contact
2 3 They had - 2 3 with them, that this was going t o be an ongoing dialogue,
2 4 Q Well, who's they? 2 4 where they're going to be asking you questions?
2 5 A The police have a contact or - 2 5 A No. 1 mean, there was no -
Page 22 Page 24
1 I don't even know, and I can't comment on that, 1 Q Okay. S o -
2 because I don't know that. 2 Okay. So you offer to go back.
3 Q No. We're way - Melissa, we're -- we're going to 3 A Right.
4 have some problems here, okay? 4 Q But 1 assume they told you to go back, that Rob
5 All right. We've gone from you saying that you 5 told you, "yes, go back," right?
6 called Rob Adams and said - or texted him that Campbell's 6 A No. 1 mean, not that 1 can recall. It wasn't -
7 in the bar, and he, I guess, asked if he was drinking or 7 1 offered to go back. And -
8 something. 8 Q Okay.
9 A Right. 9 A - that"s what 1 remember.
1 0 Q And now suddenly we're jumping to the police are 10 Q So I'm picturing this in my mind, that you would
1 1 involved somehow? S o you know, and you're just offering to 1 1 have a text that would say -
1 2 go back there to - 1 2 Was this text or voice, when you were having these
1 3 A I believe - 1 3 conversations with Rob about going back to Malio's?
1 4 Q ~ to get information? 14 A 1 would have to see. 1 don't know. I'm not sure.
1 5 Who wants you to get information? What 1 5 Either/or .
1 6 information do they want? 1 6 Q So you were having voice and text communication
1 7 A From my recollection - 17 with him, is that fair to say, during that time frame?
1 8 Q Yes. 18 A Possibly.
1 9 A - I dont remember a specific word said or 1 9 Q Okay. And so you would be - if you were texting,
2 0 comments, but I know that my understanding or at least my - 2 0 you would be saying, "Do you want me to go - 1 can go back
2 1 the way that I implied - 2 1 there." And 1 assume there was a response saying, "Yes,"
2 2 Q Mm-hmm. 2 2 "no."
2 3 A ~ his questions - 2 3 A Yeah. 1 don't remember how the response was
2 4 Q Who's his? 2 4 given, but -
2 5 A Rob's. 2 5 Q Okay.
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May 23,2013
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1 A - yes. 1 did go back. 1 (The witness left the conference room and then returned j
2 Q Okay. And are you trying to say today that you 2
with Mr. Norman Cannella, Jr.) i
3 were acting on your own volition and went back just because 3 MR. CANNELLA: It's my understanding my j
4 you were trying to be a good legal assistant? 4 client's told me that there has been times that it's
5 A Well, 1 did go on my own volition. 5 gone off the record, and at those times that they've |
6 Q So nobody asked you to go back there. 6 gone off the record there's been threats made, or j
7 A Not that 1 can recall, no. 7 implied threats made to her. i
8 Q Okay. 8 And it seems to me that if this is going to be j
9 A 1 offered. 9 conducted, it should be conducted on the record, and
10 Q Okay. But then someone - someone could say, 1 0 there shouldn't be intermediate times when they go
I
1 1
"Don't bother." 1 1 off the record and things are said, especially words
1 2 A 1 mean, yeah. 1 - 1 2 of intimidation to try to get information out of
1 3 Q Okay. 1 3 here.
1 4 A Anything could have been said, 1 guess. 14 It's my understanding that the governor gave a
1 5 MR. BARLETT: What made you call in the first 1 5 special - special assignment to the Sixth Judicial
I S place? 1 mean, why call and say, " 1 saw Phil 16 Circuit for them to investigate a DUI. And at this
1 7 Campbell in the bar," or text, or whatever you did? 1 7 time, based on the questions that 1 hear that are
1 8 THE WITNESS: Because it was shocking. It was 18 coming from my client - and of course, I'm not
1 9 a large case, and with the history that 1 was aware 1 9 being involved in this - this questioning, because
2 0 of, just from the news, and it was shocking. 1 2 0 the state attorney or the assistant state attorney,
U l didn't think that - 2 1 Mr. Loughery, does not want me in here. But it does
I "
MR. BARLETT: But why would you call - 1 mean, 2 2 not look like they're conducting an investigation
s
: 2 3
why would you text him and say that? 1 mean, you 2 3 that is into a DUI investigation. It's looks like j
2 4 look at him yourself and say, "Gee, whiz, I'm 2 4 if s going hand in hand with a possible federal 1
2 5 surprised the guy's out tonight," or, "He shouldn't 2 5 prosecution that's taking place.
Page 26 Page 28
1 really be here," and this. 1 With that said, 1 wish it would be this ~
2 But why text the firm or call the firm or 2 these individuals in here that are representing the j
3 whatever communication you utilized? 3 Sixth Judicial Circuit, they conduct an j
4 THE WITNESS: There's no reason either way. 1 4 investigation into the DUI and not into other j
5 don't - 5 matters, which was part of their special assignment
6 Why wouldn't 1 ? 6 in the 1 2 t h Judicial Circuit, to investigate a DUI
7 BY MR. LOUGHERY: 7 perpetrated by a Phil Campbell.
8 Q Because it's really insignificant? 8 MR. LOUGHERY: Okay. Thank you.
9 A It was a comment that was light-hearted. It 9 (Mr. Norman Cannella Jr. left the conference room.) i
1 0 wasn't like when 1 saw him, and it was 1 was laughing, 10 BY MR. LOUGHERY: j
1 1 'cause 1 was like, "Oh, my God, 1 can't believe he's here." 11 Q I think where we were at, was, I was asking you
1 2 Q Okay. Now- 1 2 about going back to Malio's to try to assist. j
1 3 A So it was very, like - 13 And did you have any idea
1 4 Q Were you laughing after he got arrested for DUI? 14 Or you weren't sure why you ~ you offered to go j
1 5 A No. Of course not. 1 5 back, is that right? J
1 6 Q Just wanted to jump ahead there for a second, all 16 A Yes.
1 7 right? 17 Q And the reason you offered to go back was to do
1 8 MR. LOUGHERY: And can we go off the record 18 what?
1 9 just for a second? 19 A I don't recall.
2 0 (A discussion was held off the record.) 20 Q Okay. And when you got back - !
2 1 BY MR. LOUGHERY: 2 1 Let me ask you - let's go back a second. j
2 2 Q So you've had some communications - 22
Was there anybody else at Malio's that you j
2 3 A 1 need a moment to speak with my attorney. 2 3
recognized the first time you were there besides Phil j
2 4 MR. LOUGHERY: Oh. Go ahead. 2 4 Campbell? j
2 5 If you're sure it's your attorney. 2 5 A No. i
i
(7) Page 25 - Page 28
I n Re: State Attorney Investigation Melissa Personius
May 23,2013
Page 29 Page 31
1 Q Was there anybody else from Adams & Diaco in l A Yes.
2
there? 2 Q And you're saying now, five months later, you
3 A No. 3 don't remember what that was all about back then.
Q Okay. 4 A No. That's not what I'm saying, I don't remember
5 A Not that I'm aware of. 5 what it's all about.
6 Q All right. So you go back there. 6 Q Okay. My question to you was why - you said you
7 You don't recall why you went back, is that right? 7 were going to be - you offered to go back and assist or
8 A No. 8 help.
; 9 Q Okay. Was that because were you under the 9 What was it that you felt you would be doing that
; i o influence of any narcotics or - on that evening? 1 0 would assist or help by going back to Malio's? What were
' i i
A No. 11 you supposed to look for? What did you think you were
1 2 Q Did you have anything more than the two glasses of 1 2 supposed to do?
113 wine? 13 A I can't assume at this point.
1 4 A A glass of wine at Fly Bar. 1 4 Q Because your memory's so bad you don't remember?
I
1 5 Q Okay. So does three glasses of wine normally 1 5 A I got very intoxicated that night, and it's been
| 1 6 prevent you from remembering what you were doing? 1 6 five months, and I had federal agents at my door at 6: 0 0
1 7 A Five months after? Yes. 17 this morning.
1 8 Q Okay. So it's my understanding, two days after 1 8 So yes, I do not remember at this moment, and I'm
1 9 this occurred, you were in court, right, on a motion for 1 9 not going to make a statement I'm not certain about.
2 0 mistrial? 2 0 Q Okay. Well, I wasn't aware there was a federal
2 1 A 1 don't recall the exact date, but soon after, 2 1 agent -
2 2 yes. 2 2 A We informed you
2 3 Q And you testified in that, right? 2 3 Q - remedy to having a memory problem.
2 4 A Idid. 2 4 A No. There's no remedy. But when, obviously, it's
2 5 Q And you evoked the Fifth Amendment, is that right? 2 5 very disturbing -
Page 3 0 Page 3 2
1 A Idid. 1 Q Yes.
2 Q What was the reason you did that? 2 A - and you were not allowing me to have some time
3 A By advice of counsel. 3 to figure out anything, I don't - I'm not going to make a
4 Q Okay. And which counsel is that that advised you 4 comment I'm not certain on.
5 of that? 5 Q Okay. Well, first off -
6 A My counsel that's here today, Norman Cannella. 6 A I'm not.
7 Q Jr.? 7 Q - I had nothing to do with the federal agents
8 Okay. Okay. So you as far as your memory is 8 doing something.
9 concerned, would you two days after this happened, you 9 A And I'm not saying that you did.
1 0 were testifying in court and taking the Fifth Amendment, and 1 0 Q Okay. |
1 1 today you don't remember the reasons for that? 1 1 A I'm only explaining why I am - i
12 A Don't remember the reasons for what? 1 2 Q Okay. j
1 3 Q For - 1 3 A - my memory is not as wonderful as it could be.
1 4 A For pleading -- for taking the Fifth Amendment? 1 4 Q Okay. And so what happens when you get back to
1 5 Q What happened that day, where you would take the 1 5 Malio's, then?
16 Fifth Amendment, the facts of what occurred that day. 16 How do you - how do you get there? Do you drive
17 A 1 don't understand the question. 1 7 back from the Fly Bar?
1 8 Q Okay. And you're saying you don't remember what 18 A Yes.
19 happened five months ago. 1 9 Q Does Vanessa drive back with you in her own car?
2 0 A Today, 1 do not remember. 2 0 A Yes.
2 1 Q And today I'm asking you, that was a pretty big 2 1 Q Where do you park when you go back to Malio's at
2 2 moment in your life, was it not? 2 2 that time?
2 3 A It was. 2 3 A Valet.
2 4 Q Yes. And in fact, two days later, you were in a 2 4 Q Why did you valet park that time and not the time
2 5 courtroom being questioned about it, correct? 2 5 before?
(8) Page 29-Page 32
May 23,2013
Page 3 3 Page 3 5
1 A 1 can't recall. 1 people to let them know "I'm here now to offer help or aid
2 Q Did Vanessa valet as well? 2 you in," whatever ft is?
3 A 1 don't remember. 3 A The way that you say that, 1 - 1 can't - 1
4 Q Do you remember paying Vanessa the valet money 4 wouldn't -
5 when she left? 5 Q Okay.
6 A No, 1 don't. 6 A 1 wouldn't say it that way, so ~
7 Q 'Cause Vanessa didn't want to park there, because 7 Q Well, how would you say it?
8 she doesn't have the kind of money to park at valet. 8 A Well, 1 mean, if 1 had contact with people while 1
9 A 1 don't remember how much the valet was. 9 was there, then 1 had contact with people while 1 was there.
1 0 Q Okay. Well, that wasn't my question. 1 0 Do 1 specifically remember the context of those
1 1 My question was, do you recall - 1 1 conversations? No, 1 do not.
1 2 A Well, you - 1 2 Q That wasn't -
1 3 Q - gi vi ng- 1 3 A Okay.
14 A You implied it was a large amount of money, she 1 4 Q That wasn't my question.
1 5 doesn't have that type of money to valet her car. 1 5 A So - but your question was to aid you to, you
1 6 Q Okay. 16 know, assist you in this.
17 A And 1 don't even remember how much it would be. 17 1 can't say that because 1 don't remember and
1 8 So if you know that, 1 - 1 8 recall the context of those - those text messages. 1 had
1 9 Q Okay. 1 9 already had three glasses of wine and another at the bar, s o
2 0 A 1 don't see it that way. 2 0 obviously, I'm not - my memory was going by then. And 1
2 1 Q But my question was, do you recall giving Vanessa 2 1 barely remember yesterday. A nd anyone in my life can attest
2 2 money to pay for the valet? 2 2 to that. So 1 don't have a great memory.
2 3 A No, 1 don't. 2 3 Q Okay. Well, that's - what I'm asking was -
2 4 Q Okay. So you valet park that time. 2 4 All right. Maybe 1 didn't -- I'm trying to put it
2 5 And then tell me what you do when you go - 2 5 in terms that go along with what you just told me, okay?
j
Page 3 4 Page 3 6
1 Do you voice call or text message anybody to tell 1 What I'm trying to find out is - 1 mean, you
2 them you're back at Malio's? 2 don't have a memory of a lot of the details, but you do know
3 A 1 would have to see my phone records. 1 don't - 3 that you saw Phil Campbell. You do know you called Ro b
4 1 don' t remember specifically when a call w a s made or a text 4 A dams. Y ou do know ther e was some communication between you
5 was made. Ther e's hundreds of tex t messages between me and 5 and him about that. Y ou do know that he communicated to you
6 everybody in my life, so 6 something about Phil Campbell and which you said, "1
7 Q Okay. 7 will - " offered to go back there. And in fact you did go
8 A - obviously 1 don't remember specific - 1 mean, 8 back there, right?
9 if you have the records and you want to show me- 9 A Correct.
1 0 Q Okay. 10 Q Now, I'm going to assume the fact that you went
1 1 A - I'll agree. If that's what it is, then 11 back there offering to get some information, or whatever it
1 2 that's - 12 is that Mr. Adams was interested in, you would communicate
1 3 Q Okay. 13 it to Mr. Adams, "I'm back at Malio's."
1 4 A 1 don't know. 14 A You can assume.
1 5 Q Okay. Just so we're clear on this, I'm not asking 1 5 Q You don't remember.
1 6 you how many; I'm not asking you necessarily, unless you 16 A 1 told you 1 do not remember specific - the
1 7 remember the details, of these voice calls or text messages. 17 context of those messages.
1 8 What I'm asking, because you've now left the Fly 18 Q I'm not asking
1 9 Bar, right, because you've offered to go back to Malio's, 19 A So 1 don't -
2 0 for reasons you don't really remember why, but ha s something 2 0 Q I'm not asking about the context. I'm asking
2 1 to do with Phil Campbell, right? 2 1 whether you had a communication with him.
2 2 A Yes. 22 A If you have my phone records, then you will know
2 3 Q Is that right? 2 3 if 1 did. 1 haven't even looked at my phone records.
2 4 Okay. And so when you got back there, do you 2 4 Q Okay. Woul d-
2 5 recall whether you were staying in communication with other 2 5 Let me ask you this: Would there be any reason
(9) Page 33 - Page 36
May 23, 2013
Page 3 7 Pa ge 3 9 I
1 that you would have be having text messages or voice l purpose of you going back to -- j
2 calls to Rob Adams during that time frame that had something 2 A Can 1 be"clear? This is a DUI investigation, j
3 to do other than Mr. Campbell? 3 correct? j
4 A Yes. 4 Q I'm asking the questions. j
5 Q What would that be? 5 A I'm just for my own knowledge. !
6 A 1 assign all statewide cases for all of our 6 Q Yes, it is. Yes, it is.
7 clients, so all new cases that come in, him and 1 have 7 A Okay.
8 constant contact regarding work-related things like that. 8 Q Yes, it is.
9 Q Okay. Do you recall having those conversations 9 A Just checking.
1 0 with him during that time frame? 10 Q It is a DUI investigation.
1 1 A 1 don't remember. 1 1 A Okay.
1 2 Q Okay. So when you get back to Malio's and you've 1 2 Q So my question is, the reason you went back to
1 3 parked your car, and Vanessa has as well, what do you do 13 Malio's was because Phil Campbell was there, right?
1 4 then? 1 4 A Correct.
1 5 A We went inside to the bar. 1 5 Q Okay. And so when you went back there, just so
1 6 Q Okay. 16 happened that seats opened up next to him, right?
1 7 A There was two chairs, bar stools open, but they 17 A Yes.
1 8 were separated by a couple, a man and a woman. 18 Q Now, who sat next to Phil Campbell? You or
1 9 Q Got you. 1 9 Vanessa?
2 0 A So we asked them, "Can you move down for - so 2 0 A Idid.
2 1 that we can sit together?" 2 1 Q Okay. Now, what happened after that?
2 2 And they could have moved either way, but they 2 2 A The bartender walked up. We asked her for a glass
2 3 ended up moving to the left, and it left the only two seats 2 3 of chardonnay each, and for menus. S he brought us the menus
2 4 available to be right next to Phil Campbell. 2 4 and we looked at them. We wer e hungry, so we were looking
2 5 Q Okay. That was okay with you, wasn't it? 2 5 at our menus. That was it.
Page 3 8 Page 40
1 A Actually ~ 1 mean, it - 1 don't know how to even 1 Q Okay. Then what happened after that?
2 answer that. It wasn't okay or not okay. It wasn't ideal. 2 A After that, some time had gone by. 1 don't
3 1 wasn't - that wasn't my plan, to sit next to him, to 3 know - 1 can' t remember exactly how many minutes it was,
4 speak to him, to have any communication with him. S o no, it 4 but it was a long period of time. We still hadn't gotten
5 wasn't okay with me. 5 our glass of wine yet. And we were at the bar, so it was
6 Q Okay. Now we're going back into some memory here. 6 odd that we were still waiting.
7 What was your plan when you - 7 Q Now, you had ordered it, but you just hadn't
8 A There was none. That's the point. You said 8 gotten it.
9 that's okay with me. If you're going to ask me questions 9 A Yes. Exactly.
10 that way, then 1 don't know how to answer you. If you're 1 0 Q And 1 don't mean to interrupt you, but was the bar
11 going to insinuate somehow 1 was happy about that and 1 wa s 1 1 still crowded?
12 okay with that, no. 1 2 A Yes.
13 Q Well, didn't you just tell me that the reason you 13 Q What you had said about the seats, right?
14 went back to Malio's was to offer assistance about any 14 A Yeah. It was completely crowded.
15 information they may want to get on Phil Campbell? 1 5 Q All right. Go ahead.
16 A Assistance is, what? 1 mean - 16 A And so who 1 later learned was Jon Ellis, which 1
17 Q That's the word you used. 17 didn't know at the time, was sitting a few seats down.
18 A 1 don't - that doesn't mean anything. That 18 He - 1 heard him order a glass of water from the bartender,
19 doesn't mean 1 would be happy to sit next to hi m at the bar. 1 9 and she immediately gave it to him.
20 No. 2 0 Q Mm-hmm.
21 Q Okay. 2 1 A And it's typical for bartenders to pay more
22 A You're incorrect. 2 2 attention - women bartenders to p ay more attention to male
23 Q All right. Well, let's go back. Let's talk about 2 3 bartenders ~ or male patrons.
24 that for a second. 2 4 So 1 made a comment to Jon Ellis, 1 said, "You're
25 Okay. So just so I'm clear on this, the sole 2 5 getting your water before we get our wine."
(10)Page37-Page40
May 23,2013
Page 41 Page 43
1 Q Okay. Go ahead. l It wasn't given to me, personally.
2 A And then after I said that to him, Phil Campbell 2 Q No, 1 understand.
3 said - looked at me, and said, "I'm sorry about that," and 3 A But I've been given a copy of my receipt now.
4 said - spoke to the bartender and said - called her by 4 Q Okay. That's what - 1 don't want to get into the
5 name, Denise - "Denise, please get these ladies a glass of 5 details that -
6 whatever they'd like," or something to that matter, "on my 6 A Right.
7 tab." 7 Q - the time frame.
8 Q Okay. 8 But 1 guess what I'm asking is, it's my
9 A Something like that. 9 understanding that Schumaker was - or that group was
1 0 And so she did. 10 basically fired about a week or maybe less - 1 don't
1 1 Q Okay. I know you don't have ~ don't know the 1 1 know - a week or two weeks after this happened, after the
1 2 specific quote, let's say, but he did say on his tab. 12 23rd. I'm not asking you to commit yes or no or whatever.
1 3 A Yes. 13 A 1 don't know. But they were. 1 mean -
1 4 Q Okay. Go ahead. 14 Q Yes.
1 5 A So she brought us our wine. And I said, "Thank 15 A - 1 don't know if it was that soon.
1 6 you." 16 Q What I'm saying is -
1 7 Q Okay. Now, had you had any conversation with him 17 A 1 don't think it was that soon, but 1 couldn't be
1 8 prior to him doing that? 1 8 positive.
1 9 A No. 19 Q About when you got to look at your receipt. Is
2 0 Q Okay. All right. So you get your wine. 2 0 that what you're talking about?
2 1 And what occurs after that? 2 1 A 1 just saw my receipt.
2 2 A I mean, I don't remember specifically how the 22 Q Okay.
2 3 conversation came - how it - we were engaging in 2 3 A So.
2 4 conversation after that. I think it was just small talk 2 4 Q Who showed you that?
2 5 between two people sitting at a bar. 2 5 A Well, 1 finally - 1 wanted it. 1 tried to get it
Page 42 Page 44
1 Q Okay. 1 from Malio's but they didn't provide it to me. 1 mean, 1
2 A I mean, her and I spoke for, you know, a while. 2 just got it -
3 We were ordering food. And ~ 3 Q Who showed it to you -
4 Q So did you in fact order food? 4 A a few days -
5 A Yes. Mm-hmm. 5 One of the attorneys at work, 1 mean, gave it to
6 Q Do you remember what it was? 6 me.
7 A It was like I mean, I have my receipt, so 7 Q And what attorney would that be?
8 that's pretty much - 8 A Brian. He had - he was holding onto the file for
9 Q Okay. 9 that case.
1 0 A - whatever^ on there. I mean, do I remember 10 Q And that's Brian Motroni?
1 1 ordering what was on my receipt? 11 A Yeah. So 1 got a copy of ft.
1 2 Q No. 12 Q And having just read that, you say, just a couple
1 3 You still have the receipt? 1 3 days ago, you don't recall what it says?
1 4 A No. I don't have my receipt. I have - there 1 4 A 1 know it was something like mozzarella sticks.
1 5 was - the copies ofthe receipt were provided. 1 5 They dont put specifics on there.
1 6 Q I don't understand that. Provided - 16 Q Okay.
1 7 A In the past - this past case, situation, 17 A It's really abbreviated. 1 think it was some type
1 8 whatever, the copies of the receipt were received by 18 of Vanessa ordered some type of, like, seafood. 1 know
1 9 Schumaker's office, apparently, and were provided to us. 1 9 that was hers, 'cause 1 don't eat seafood. And 1 got some
2 0 MR. BARLETT: In discovery. 2 0 mozzarella, some type of mozzarella meal.
2 1 THE WITNESS: Right. I believe so. Yeah. 2 1 Q Okay. And that was paid with your debit card -
2 2 BY MR. LOUGHERY: 2 2 A Yes.
2 3 Q But way back then, during the time frame that 2 3 Q - the same one that you used before when you were
2 4 Schumaker was still on the case and it wasn't - I mean - 2 4 there?
2 5
!
A Yeah. I mean, I don't know when they received it. 2 5 A Yes.
Kanabav Court Reporters - Serving the Tampa Bay Area
(11) Page 41 - Page 44
May 23,2013
Page 45 Page 47 j
1 Q Okay. So now we're at the - we're now - you've l Q And just to kind of jump ahead here, okay, 1 think
2 got some wine, you've got some appetizers or some dinner or 2 you said - maybe you didn't say this.
3 food or whatever. 3 But what time about do you think it was when you j
4 What happens after that? 4 got back to Malio's? 1 think you thought you might have 1
5 A 1 mean, conversation began. 1 don't remember how. 5 left there approximately around 6:30, went to the Fly, had a !
6 1 remember speaking to Jon Ellis a lot. 1 mean, he was 6 drink and went back. 1 want to put a time frame on it.
7 talking to me a lot and, you know, just normal - 7 What do you think?
8 Q Anything about that conversation with Ellis that 8 A Somewhere between 6:30 and 7:30. j
9 was - anything about, that he said, that surprised you or 9 Q Okay. j
1 0 made you feel a certain wa y, or anything unusual about that 10 A 1 mean, 1 don't remember.
1 1 conversation with him? 1 1 Q And did you ever leave Malio's after you got back j
1 2 A Made me feel what kind of way? 1 2 there the second time, until you ultimately left and then j
1 3 Q 1 don't know. I'm asking you. 1 3 were pulled over? \
1 4 A 1 don' t - 14 A No. ,
1 5 Q Anything out of the ordinary. 1 5 Q Okay. Did Vanessa leave before you did? j
1 6 A No. It was normal - 16 A She did. j
1 7 Q Okay. 17 Q Do you remember what time she left, before you? j
1 8 A -- bar talk. 1 mean, normal talk. 1 8 A No. 1 don't. j
1 9 Q Now, did you know at that time that Ellis was 1 9 Q How about Jonathan Ellis? Did he leave at some
2 0 Campbell's partner or wa s an attorney on the Bubba-MJ trial? 2 0 point prior to you leaving?
2 1 A No, 1 didn't. 2 1 A Yes.
2 2 Q Did you ever know that that night? 2 2 Q So in that time frame - that's what 1 was just
2 3 A No. 2 3 asking, to go back to it - between, like, that 6:30 to 7:30 i
2 4 Q Okay. It wasn't till later? 2 4 t o - j
2 5 Now, that night, you did know that Campbell was 2 5 In this particular case, we know that your car was
Page 46 Page 48 j
1 involved in that case, right? 1 pulled over at 9:57.
2 A Yes. 2 A Okay.
3 Q Okay. All right. Did - 3 Q Okay. Just so you can use that as a parameter.
4 So what kind of - so I'm going to ask you about 4 So between the 6:30 to 7:30 time when you got back i
5 your conversations that you had with Mr. Campbell that 5 to Malio's till the almost 10:00, you only recall
6 evening. 6 Mr. Campbell having two drinks, about, is that right? Or I
7 Do you recall what conversations you had with him 7 what do you think?
; 8 during that time, besides normal bar talk? Anything else? 8 A Well, I mean, he had a drink in front of him when i
9 What did you tell him about yourself, if anything? 9 I first saw him at Malio's. !
10 (Mr. Bartlett left the conference room.) 1 0 Q Yup. ;
11 A He asked me, you know, my name. He never asked me 1 1 A And then when I get back, there was a drink in j
1 2 my last name. 1 don't - 1 can't recall specifically - 1 2 front of him. !
13 Q Okay. 1 3 Q Mm-hmm.
14 A - what we talked about now. 14 A And while I was there, he had at least two more j
15 Q All right. And why don't you tell me what you 1 5 drinks and a shot I
16 recall about him, as far as drinking, while you were there 16 Q Okay.
17 with him, or next to him. 1 7 A - so...
18 A He had a cocktail glass with some type of liquor 18 Q All right. Let me ask about the shot.
19 in it, clear, with ice. And 1 mean, he was drinking that. 1 9 How was - did you have some involvement with that
2 0 An d - 2 0 shot? ;
2 1 Q Do you remember how many drinks he had? 2 1 A Yeah. I mean, I don't remember who brought it up
22 A 1 mean, 1 couldn't say for certain, but at least 2 2 or - you know, they were - at that point there was a few \
2 3 two - 2 3 other attorneys that had known Phil and Jon, apparently. S o
24 Q Okay. 2 4 they came up talking to them, and we were all engaging in
2 5 A - or three. 2 5 conversation.
(12) Page 45 - Page 48
May 23, 2013
Page 49 Page 51 ]
1 And so 1 don't remember who brought up doing a i A Yeah.
2 shot or - 2 Q Do you recall the specifics of that? I mean, how j
3 Q Mm-hmm. 3 much do you remember of that? j
4 A whatever, but when it was mentioned, 1 know 4 A I don't. I mean, I just remember, I think, Phil, j
5 that -- 5 like, you know, not drinking or slowing down or something, I
6 1 don't do shots. 1 only do one shot that 1 like. 6 and then Jon was like, "Come on," again, like, "Don't be a
7 So - 7 girl," like, you know, "Have another drink." He was just
8 Q Just so I'm clear, you're saying - there's only 8 urging him to drink more.
9 one shot you will do? Is that what you're saying? 9 Q Okay. So that was me kind of asking questions
1 0 A Typically, yes. 10 about the totality of the kind of drinks that he might have
1 1 Q And 1 guess my question, so we understand what we 1 1 had.
1 2 mean by that, okay, does that mean, if people are drinking 1 2 So you told me about that, is that right? |
1 3 shots, if they drink two or three or four, "I'm only 13 Anything else you want to add about what you saw
14 drinking one - " 14 Campbell drink?
1 5 A Oh, no, no. 1 5 I'm just trying to get from segment to segment.
16 Q Or are you only saying - 1 6 I think you said he had one - he might have
17 A One type. 17 had - not knowing if you were walking back on ones that he ]
1 8 Q One type of shot. 1 8 had got. but you definitely saw him with a drink in front of
19 A One type. I'm sorry. One type of shot. 1 9 him when you were first there; you saw him with a drink in i
2 0 Q All right. And what would that be? 2 0 front of him when you got back; I think you said he probably |
2 1 A Southern Comfort. A Southern Comfort kamikaze. 2 1 ordered at least two drinks while you were there; and he !
2 2 Q Okay. So I'm assuming that's what you all had. 2 2 also had a shot.
2 3 A Right. So that's what we ordered. Exactly. 2 3 A Mm-hmm.
24 Q Now, did you order that? You know, say, "I'm the 2 4 Q Anything else that you - along those lines you
2 5 one that's going to buy shots here? Let's get some Southern 2 5 can recall?
Page 50 Page 52
1 Comforts"? 1 A No.
2 A 1 don't remember that at all. No. 1 mean, 1 2 Q All right. What about you? What did you -
3 wouldn't 1 don't 3 I think you - you did the Southern Comfort shot,
4 Q Do you know whether your receipt showed you paid 4 right?
5 for that? 5 A Yes.
6 A 1 paid for two shots. 6 Q And what else were you drinking there during this
7 Q Did more than two people do shots? 7 evening?
8 A Yes. 8 I know you've mentioned, by the time you get back
9 Q And the two shots that you paid for, do you know 9 the second time, you've probably had three glasses of wine,
10 how they were consumed? 1 0 right?
11 A Well, they were for me and Vanessa, but 1 guess 1 1 A Yes.
12 she decided not to do it, and so then 1 offered it to any of 1 2 Q So what do you think? When you ordered - or he
13 the guys, 1 think, that didn't have one, and then told 1 3 got a glass of wine, both, when you got back, any other wine
14 you know, asked Phil, and Phil said, "No, I'm not going to 1 4 or beers or shots or anything else besides what we've talked
15 do it." And he's like, "No, I've got trial in the morning." 1 5 about?
16 1 remember him saying something like that. 1 6 A I was drinking throughout the night -
17 And Jon Ellis then said, "Don't be --" like he was 1 7 Q Okay.
18 vulgar. It was like, "Don't be," the P word, and, "Take the 1 8 A - so ~
19 shot. Do the shot." 1 9 Q So you would have had -
20 And eventually made Phil do it; like, he did the 2 0 A Yeah.
21 shot. 2 1 Q more wine.
22 And he had done that earlier in the evening too. 2 2 A Oh -
23 Q He, Ellis? 2 3 Q Wine. Is that what we're talking about?
24 A Jon Ellis, yeah, regarding another drink. 2 4 A From my - yeah. From my memory, it was just
25 Q To Phil? 2 5 wine.
May 23,2013
Page 53 Pa ge 55
1 Q Okay. l A Yes.
2 A And the shot. 2 Q And that was back in, maybe, '09, 2010?
3 Q Do you have any idea of how many mo r e - how many 3 A Yes.
4 glasses of wine you might have had while you were at Malio's 4 Q And your driver's license was suspended on
5 the second time? 5 January 23rd, 2013, right?
6 A 1 don't remember specifically, but at least two 6 A That's what I was told, yes.
7 more glasses, 1 would say, if not more. 7 Q And in fact your license had been suspended -
8 Q And besides the first one that Phil - you said 8 A Yes.
9 Campbell put on his tab, did he buy you any other wines? 9 Q - for a long period of time, had it not been?
1 0 Glasses? 10 A Well, I had an attorney that I had thought that
1 1 A None of my wine was on my tab. 1 1 everything was fixed.
1 2 Q Okay. Was anybody - was there anybody else there 12 Q Okay.
1 3 other than Phil Campbell that could have b e e n buying you 13 A So it wasn't until later that I found out that
1 4 drinks, or was there, do you remember? 14 there was points assessed on my license that happened in
1 5 A Not that I'm aware of. 15 2008 or '9. And it was a ticket that I actually went to
1 6 Q So you would say that the wines - any other wines 16 court myself to take care of, just - well, it was years
1 7 you would have had at Malio's the second time, Campbell 17 later, I guess, from the ticket date.
1 8 would have gotten for you. 18 And when I went in, I thought, " I just want
1 9 A Oh, yeah. 19 adjudication withheld."
2 0 Q And you don't know how many that was, but it was 2 0 The judge said, "Has everything else on your - on
2 1 probably at least a couple. 21 this been taken care of?"
2 2 A At least two, three. 1 mean, 1 can - 22 I was like, "Yeah. This is the last ticket. This
2 3 Obviously, if 1 had two glasses of wine, you know, 23 is it."
2 4 previously there, and 1 was there for a much extended - 2 4 And she said, "Okay."
2 5 much more extended period of time the second ti me, t hen, 1 2 5 And so I was understanding it was supposed to be
Page 54 Page 56
1 me a n, 1 ca n only assume for myself that, y e a h, 1 know 1 had 1 adjudication withheld and the points weren't going t o be
2 way more than that 2 assessed.
3 Q Okay. And was there any particular reason on that 3 Q Right.
4 particular night you decided to drink so much? 4 A But they did assess them.
5 A No. Not at all. 5 But then I had 12 points within 12 months -
6 Q Is that typical, when you go out drinking, that 6 Q Right.
7 you drink that much? 7 A - from tickets that were back in '08 or '09, that
8 A When it comes to wine, 1 do tend to drink, you 8 was just, like, then, I guess, put on my license -
9 know, a good amount. If it was liquor, 1 wouldn't probably 9 Q Right.
1 0 have drunk so much. 10 A - which suspended my license.
1 1 Q Well, 1 guess I'm saying at the end of the night, 1 1 Q So I'm taking it, you did not know -
1 2 you were pretty intoxicated. 12 A No.
1 3 Was that an original scenario, that you would go 13 Q - your license was suspended on that day, right?
1 4 out on a Wednesday night and wind up intoxicated, or would 14 A No.
1 5 that be, if you decided to go out for happy hour, that might 1 5 Q And when you later found that out, I guess you had
1 6 be common or not uncommon - 16 also found t hat it ha d been suspended for a while, and you
1 7 A I f - 17 didn't know t hat .
1 8 Q - that you might be there drinking. 18 A I didn't find out for what period of time.
1 9 A If 1 went out and happy hour extended on, it's 19 Q Right.,
2 0 happened before, yes. 2 0 A I didn't find that out.
2 1 Q Okay. 2 1 So I just went and took care of whatever needed to
2 2 A Yeah. 2 2 be taken care of to fix it.
2 3 Q Okay. You had a previous DUI, is that right? 2 3 Q And how was it you found out your license was
2 4 A A charge. 1 wasn't actually convicted of it. 2 4 suspended?
2 5 Q You pled to a reckless driving, right? 2 5 A The officer informed me.
(14) Page 53-Page 56
May 23, 2013
Page 57 P a g e 59 ]
1 Q That night? 1 intoxicated or anything like that at that point, you know,
2 A That night. 2 before he takes the card out of your hand?
3 Q And is that because he took y our information and 3 A Before he took my valet ticket?
4 stuff, and ran it or whatever, or you're assuming - that 4 Q Yes.
5 would be your assumption? 5 A 1 don't remember sequence that specific. But 1
6 A That's my assumption. 6 want to say it was after he had already done that Because
7 Q Did he ask you for your license that night or just 7 it doesnt make sense to me that he would have taken the
8 ask you for your name or do you recall? 8 ticket out of my hand and then said - like, if he said it
9
A 1 don't remember. 9 to me before, why would he go retrieve my vehicle for me? 1
1 0 Q So we're back at Malio's, here, all right? 10 just don't -
1 1 Tell us - tell me what happens here in regards to 11 Q Okay.
1 2 what ultimately leads to Phil Campbell driving your car. 1 12 A But 1 can't be certain -
1 3 mean, how does that conversation get to that, 1 mean, your 13 Q 1 understand.
1 4 sitting next to him at the bar, get to that actually 14 A - the conversation exactly.
1 5 happening. 1 5 Q So - but you believe when he took the ticket -
1 6 A I'm sorry. Repeat that. 16 A It was after that.
17 Q How do you get from sitting next to him in the 17 Q - from you, t hat -
1 8 bar - 18 A Right.
1 9 A Okay. 19 Q ~ that would just be, for lack of maybe a better
2 0 Q - to sitting next to him in your car? How about 20 word, him being a gentleman and -
2 1 that? 2 1 A Right.
2 2 A Well, we both left at the same time, left the bar 2 2 Q - doing it for you.
2 3 at the same time. And - 2 3 A Right.
2 4 Q And that was just coincidental? 2 4 Q Okay.
2 5 A 1 don't remember the conversation. 1 think it was 2 5 A 1 think so.
Page 58 Pa ge 60
1 more of just like, you k now, " I t's getting late." And you 1 Q All right. Go ahead.
2 k now, we both kind of had to go. It was pretty late. 2 A So then when we did have - 1 remember my car
3 Q Okay. Well, let me ask you this: Was there any 3 being there already, or being pulled up right then, and him
4 talk about remaining together after leaving the bar or were 4 saying, you know, "You've had too much to drink. You
5 you just both leaving the bar to go your separate wa y s when 5 shouldn't drive." And 1 was like, "Yeah. But you know, 1
6 you walked out of the bar? 6 need my car, so" - you know.
7 A Yeah. 1 mean, 1 don't remember there being any 7 And he's like, "Go to - " he's like, "We can walk
8 talk about that at that point, no. Not at all. 8 to my condo, which is a couple blocks from here. And you
9 Q So you would be leaving the bar to go your 9 know, you can come in and sober up," or whatever there.
10 separate ways. 10 And 1 know that 1 was insisting that 1 needed
1 1 A Yes. Yes. 1 1 access to my car.
1 2 Q Okay. Go ahead. 1 2 And so 1 think him or 1 or both spoke - told the
13 A So then we were walking out of Malio's into the 13 valet attendant, you know, or asking, "Can " 1 think it
14 lobby area, and he asked me to hold o n and wait for a 14 wa s hi m, "Can you - " you know, "Could she leave her car?"
1 5 moment. 1 think he asked me where did 1 park, and 1 said 1 1 5 And he said, "Yeah," you know, "she can leave it."
16 valeted. And he said, "Hold o n . I'll walk you out." 16 But 1 said, "1 need access to it, though." Like,
17 And then he left for a few minutes and came back. 17 1 know 1 can leave it here, but then when will 1 have - be
18 And we went outside, and 1 was - 1 took the valet 18 able t o gain access to it again? If 1 left it, 1 wouldn't
1 9 ticket out of my purse, and he took ft out of my hands and 1 9 have access to it.
2 0 took it to the valet attendant, and he - you know, they got 2 0 Q That's what you -
2 1 my car. 2 1 A S o -
2 2 Q Let me ask you this before - at this point. 2 2 Q You're saying right now you're saying that or
2 3 Had there been any discussion between the two of 2 3 that's what you said then?
2 4 you about either him not wanting you to drive because maybe 2 4 A That's what 1 was saying. Yeah. It was then.
2 5 you were too intoxicated, or you saying to him you were too 2 5 I'm like, "If 1 leave it, yeah, 1 can leave it, but I'm not
(15) Page 57 - Page 60
May 23,2013
Page 61 Page 63
1 going to be able to get into it and I'm not going to be able l with the valet yourself at some point, is that right?
2 to get it."
2 A Well, it was just in general. It was mostly with
3 Because I had my kids that I had to take in the 3 Phil. Because 1 think the valet could hear me, but he was
4 morning to - they were going out of town with my family. 4 busy going back and forth getting other cars and stuff,
5 So I had stuff to do. I mean, I couldn't just leave my car 5 so -
6 there ~ 6 Q Okay. So just so 1 get this right, you don't
7 Q Okay.
7 believe there was any discussion about you being too
8 A - and not be able to get keys to, like, get my 8 intoxicated to drive ~
9 keys to get in and drive it away. 9 A Yeah.
1 0 Q So they wouldn't give you your keys? 1 0 Q - prior to the car being brought up by the valet.
1 1 A No. If I left it there - 1 1 You think that came up after the car was already brought up
1 2 Q Yeah. 1 2 by the valet.
1 3 A - with the valet, then they would keep the keys 1 3 A 1 don't remember specifically. 1 don't. That
1 4 and then I would have to - I mean, that was my 14 sequence 1 don't.
15 understanding. And then I would have to come back when they 1 5 Q But that goes back to saying it doesn't make sense
1 6 opened the next day, which would be whatever time, to then 1 6 that, if Phil thought you were too intoxicated to drive, why
1 7 gain access again.
17 would he have the car brought up?
1 8 So that was my problem was, I wasn't going to have 1 8 A Right. But 1 mean, 1 can't assume. 1 mean, 1
1 9 access to my car. 1 9 just don't remember.
2 0 Q Now, is that - and I can't tell you from my own 2 0 Q All right. Now, what did you think, if you can
2 1 memory of it - is that a lot where the valet parks or - 2 1 recall, that Phil Campbell's level of sobriety was at that
2 2 A I don't know. I don't know. I don't know where 2 2 time? Could you even
2 3 they park the cars when they valet them. 2 3 A 1 was too intoxicated to be able to judge someone
2 4 Q That was my question. 2 4 else's. 1 mean ...
i 2 5 A Yeah. 2 5 Q So now you're saying you need to have access to
Page 62 Page 64
1 Q Do you even know where they park them? 1 your car. And by - and you said you had to take your kids
2 A No. I don't. 2 someplace in the morning, is that right?
3 Q And you don't - it's your belief, as you're 3 A Yeah.
4 testifying today, that you would not have access to your car 4 Q So let me just follow -
5 necessarily because you don't know where they parked it, or 5 Did the kids stay with you -
6 whether that was in a locked gated area or something like 6 A They were -
7 that, but because you wouldn't have your keys. Is that what 7 Q - t hat night?
8 you're saying? 8 Let me ask you that: That night, where were the
9 A Well, I mean, in general, I think a little bit of 9 kids? How would you have facilitated taking them to where
1 0 both. Because you know, you see some of the cars, they park 1 0 they needed to be the next day? You follow what I'm saying?
1 1 up there. But the rest - 1 mean, I don't know where they 1 1 A Right.
1 2 put them. 1 2 1 needed - 1 needed to be able to have access to
1 3 And it wouldn't have mattered either way. I mean, 1 3 get back to my car and be able to even if 1 had to take a
1 4 I - you know, when - it was my understanding I wouldn't 1 4 cab home and a cab back, to, you know, go grab it, wherever
1 5 have access to it in general. 1 5 1 left it. Then 1 needed -
1 6 Q All right. Well, it's my understanding that what 1 6 Q 1 guess my question -
1 7 you can do is that you pay your - you pay the valet for 1 7 A Right.
1 8 having your car there, and then they give you your keys, and 1 8 Q - is this. 1 understand this.
1 9 you can just come back any time you want and get it. 1 9 A Okay.
2 0 A When you valet a car? They take your keys. 2 0 Q But were your kids - at least on that night, were
2 1 Q No, no. But then when you say, " I want to leave 2 1 your kids with you?
2 2 my car here tonight," they say, "Okay. Give me the money. 2 2 A Yes. They live with me full-time.
2 3 Here's your keys. You can come get it when you want it." 2 3 Q Okay.. 1 don't want to get into a whole bunch of
2 4 A That wasn't - they didn't say that. 2 4 stuff there.
2 5 Q All right. And you were kind of in a conversation 2 5 How old are your children?
(16) Page 61 - Page 64
May 23, 2013
Page 65 Page 6 7
1 A 10 and 14. l A When?
2 Q Okay. And so they would have been at home that 2 Q At that point. When your car's t her e-
3 evening. 3 A S o l -
4 Was there anybody else there living at the house 4 Q - you've had some discussion about being too
5 besides them? 5 intoxicated to drive. You need to have access to your car.
6 A My ex-husband was there that night with them, 6 You thought that the car - you would not be able to have
7 because he had picked them up, 1 think, from school that day 7 access -
8 or something, so - 8 A Right.
9 Q Okay. And was that an agreement, 'cause you were 9 Q - to it at Malio's, right?
1 0 going to be out, he was going to stay with them - 10 A 1 said, "I'll meet you there. 1 understand, you
1 1 A 1 don't remember. 11 know, 1 need to sober up, but 1 need to just move my car.
1 2 Q or it just happened that way? 1 2 I'm going to move it, like, down the street or somewhere.
1 3 A 1 don't remember that - 13 and then I'll meet you at your - at your condo, so 1 can
14 Q And I'm not trying - 14 sober up, possibly."
1 5 A -t hat day. 15 At that point, 1 was thinking I'll meet him there.
16 Q - to make a comment on anything. 1 mean, as far 16 Or 1 have friends that live downtown. Maybe 1 can get ahold
17 as, would it be unusual or would you not leave a 14-year old 17 of someone and sober up, or just call a cab and go home.
18 and a 10-year old at home by themselves for a few hours? 18 1 wasn't even thinking straight at that point.
19 A No. I typically don't, no. 1 9 obviously, with drinking that much.
2 0 Q That's all right. I mean 14's, pretty old. 20 So my intention and what 1 kept on saying was.
2 1 A I'm a little overprotective when it comes to them. 2 1 "No, I'm just going to move my car and I'll meet you there."
22 Q So even though you don't remember whether you had 2 2 At that point, he wouldn't accept that, and he
23 an arrangement with your ex-husband to watch them while you 2 3 just went over and opened the passenger door of my car and
24 were gone, if s more likely - 1 don't want to put words in 2 4 said, "Here. Get in."
2 5 your mouth. But normally, you wouldn't have them just be 2 5 And 1 was like, "Okay. What's going on?"
Page 66 Page 68
1 there by themselves. 1 And then he went around and got into the driver's
2 A No. I would not have even if they were going 2 side, and that's it, and then we left. We pulled out.
3 to - I would have been home with them. So, like, I 3 Q All right. Now, did he have anything with him?
4 wouldn't have gone out if I had them, you know - if I had 4 A 1 mean, 1 know now that he had his briefcase with
5 to go pick them up myself, you know, from school or 5 him -
6 whatever. 6 Q Mm-hmm.
7 Q Right. 7 A - but 1 didn't see it at all. Like, 1 don't
8 A So no. 8 remember - 1 mean, 1 guess 1 was just drunk and oblivious,
9 Q So y o u - 9 because 1 did not see that bag. And it still shocks me
10 A My ex-husband and I have, you know - it's 10 t hat -
11 constantly changing, depending on his schedule. So maybe 11 1 just didn't see it. 1 didn't pay attention.
12 one day he can pick them up and then he can stay with them 12 Q Now, just to kind of jump ahead, my understanding
13 until I get home, and so then I, you know, have a little 13 that you, 1 guess, around the next day, around noon or
14 time to myself. 14 something like that, had gone back out to your car and seen
15 Q So it would have been something like that. 1 5 it the first time, is that right? Or, "Wow, the briefcase
16 A Exactly. 16 is here"?
17 Q All right. 17 A Yeah. The car was already at my house. And 1 -
18 A Very last, you know, just - 18 when 1 left, when 1 was leaving that - sometime that
19 Q Okay. And so you're at - you need access to your 19 afternoon to take the kids to meet my family - they were
20 car 'cause you've got to get back to it 'cause in the 20 going out of town - as 1 was walking from my front door to
21 morning. Even if you took a cab home, you have to take a 21 my driveway, which is not very far.
22 cab back, right? 2 2 Q Mm-hmm.
23 A Mm-hmm. 2 3 A And 1 don't have tinted windows. So as I'm
24 Q So you get your car. 24 walking towards my car, 1 could see it in the back seat, and
25 So what is ft you decide to do, or what happens? 2 5 that's when 1 was like, "What is that?"
(17) Page 65 - Page 68
May 23,2013
Page 69 Page 71 |
1 Q Right. l to turn." 'Cause 1 remember him, like, moving his hand !
2 A So thaf s the first - first time 1 saw it. 2 towards me, like, "That's where 1 need to turn." And he !
3 Q So where were your kids -- where were they going. 3 just swerved over two lanes to the far right lane and
4 out of town? 4 turned.
5 A They were going to Daytona. 5 And 1 remember seeing the lights or something of
6 Q Okay. And they were taking the day off from 6 another car, and looking back and saying, you know, "Be j
7 school? 7 careful." Like, "You just cut someone off."
8 A Yeah. 8 And we turned. And then almost immediately after |
9 Q And 1 guess Friday too? 9 we turned, he was like, 'This isn't good. This is bad." j
1 0 A Yeah. 10 And I'm like, "What? What are you talking about?" \
1 1 Q Okay. 1 1 And 1 saw him looking at the rear view mirror, so
1 2 A And 1 don't remember on that time if they already 1 2 1 looked back behind, you know, behind me, and s a w that
1
1 3 had a day off or 1 think they were just going with my - 1 3 the cop car behind us.
1 4 they were going with my parents and my younger sister. So 1 14 Q Right.
1 5 don't remember the specifics. 1 5 A So at that point, he drove up a little bit and
1 6 Q So you - so you - 1 6 stopped the car. j
1 7 A Yeah. 17 And then when he stopped the car, he started to, j
1 6 Q - needed to drive them to your parents' house. 18 like, get out of the car. And I'm like, "You shouldn't get
1 9 Is that what you did the next day? 19 out of the car." Like, "You don't get out of the car. You
2 0 A To meet my sister, that they were going with, down 2 0 wait for them to come up."
2 1 the road. 2 1 And he's, like, "Let me take care of this. I'll
2 2 Q And how far away does she live from you. 2 2 handle this." |
2 3 approximately? 2 3 And I'm, like, "Whatever." j
2 4 A She was at - she was at her boyfriend's house. 2 4 And then when he got out of the car, 1 could
2 5 And it was, 1 mean, a couple miles, maybe. 2 5 hear - the officer walked up, mirror, there, like they were
Page 70 Page 72 j
1 Q Okay. 1 still right by my car. And he said something, and like,
2 A 1 don't know the exact address. 2 "Have you had anything to drink tonight," or something of
3 Q All right. Okay. So we're at the spot - 3 that matter. Like, 1 don't r e me mbe r exactly what t he words i
4 Sorry. 1 jumped ahead a little bit there. 4 were.
5 So Phil opens the passenger door for you. You 5 But 1 remember Phil saying, like, "No. Zero."
6 don't remember the briefcase, oblivious or whatever. You 6 And 1 was just, like, "Okay. Well, whatever.
7 saw it the next day. 7 That's not true, but whatever."
8 Okay. So now we're back to Malio's that evening. 8 1 didn't say anything. 1 didn't talk - J
9 So you get in the passenger side, he gets in the 9 Q Mm-hmm.
10 driver's side? 10 A - until, you know, the officer approached me,
11 A Mm-hmm. 1 1 so -
12 Q Then what happened after that? 1 2 And then after that, they walked further down to
13 A We pull out of Malio's, and then he turns left 13 the point where 1 couldn't see them. 1 just - so 1 didn't
14 and- 14 see anything else after that.
1 5 Q Onto - what is that street? 1 5 Q So when they walked down further ~
16 A Ashley. 1 6 Do you remember another cop car arriving or
17 Q Ashley? 17 another officer being involved or anything like that?
18 Yeah. Okay. 1 8 A 1 remember seeing another car -
19 A Mm-hmm. 1 9 Q Okay.
2 0 And then we were in, like, the middle lane, not 2 0 A - but 1 don't - 1 don't -
2 1 the far left lane or the right. We were, like, in the 2 1 Q Did you ever see him again that night, Campbell?
2 2 middle - the middle lane. And we went through, like, one 2 2 A No.
2 3 l i ght - 2 3 Q Okay. So when he was arrested and stuff, you
2 4 Q Mm-hmm. 2 4 never - you couldn't see that.
2 5 A ~ and then he was like, "Oh, that's where 1 need 2 5 A No.
(18) Page 69 - Page 72
May 23,2013
Page 73 Pa ge 75
j 1 Q And when another cop car drove up - i Q Do you know his last name offhand?
i 2 Well, how - 2 A 1 don't.
; 3 Okay. Let me ask you this: How was it that 3 Q Okay. What restaurant does he work at?
: 4 you - di d someone come up to your car, an officer or 4 A Urban Cantina.
j 5 something, while you were in the c a r and Phi l, Mr. Campbell, 5 Q Okay. Go ahead.
i 6
was out? 1 mean, tell me how - how did that work? 6 A And so 1 called him to see if he was maybe at
;
7 A Yeah. 1 mean, 1 don't remember everything, but 1 7 work. Or 1 know he lives in downtown, so 1 was trying to
; 8
remember, after all that, then just when the officer, like, 8 see if he was around. And he didn't answer.
1 9
asked me or said, basically, "You're drunk and your license 9 So then 1 called Brian Motroni. And 1 knew he
! 10 is suspended. This car isn't registered to you. If you - 10 lived nearby downtown at some point. So 1 called him, and
j l l is there anyone that you can call that's sober that can come 1 1 he answered, and 1 told him, you know, I 'd been stopped a nd
I l 2 and take your car, or I'm impounding it." 1 2 1 need a r ide, or 1 need, you know - is he sober? Has he
1 3 Q Okay. 1 3 been drinking? And he said no.
!
1 4 A Something of that matter. 1 don't remember 1 4 1 said, "Can you please come pick me up and take
15 exactly the words. 1 5 my car?"
16 Q Now, do you remember who that officer was? 16 And he said, "Yeah. I'll - you know, I'll be
i 17 A 1 had never seen him before. 17 right there."
1 8 Q 1 understand. But do you now known - 1 8 Q Okay.
19 A Now 1 know. 1 9 A So~
; 20 Q - it was Sergeant Fernandez? 2 0 Q And did he show up with somebody?
I
2 1
1 ask that because 1 don't know if you saw him at 2 1 A 1 don' t know. 1 mean - actually, 1 think -
!
2 2 that hearing or not. 1 know he testified, but 1 don't know 22 Well, after after talking, it was 1 guess he
; 2 3 if you were in the courtroom. 2 3 had his girlfriend with him. And so she took his car so
2 4 A 1 wasn't in the courtroom. 2 4 that he could drive my car.
J 2 5 Q So you would have picked up what he looked like or 2 5 Q That's what 1 was going to say. So you wound up
j
Page 74 Page 76
; l who he was from media reports or something like that 1 driving in your own car -
i 2 afterwards. 2 A Yeah.
j 3 A He - you mean - 3 Q - as a passenger, with him driving.
\ 4 1 now know who that's who it was. 4 A Exactly.
; 5 Q Yes. 1 understand that. 5 Q He drove you home?
: 6 A But 1 don't - 6 A He drove me home. And he called a cab, like a
; 7 Q 1 understand that. And I'm sorry. 7 taxi, to come pick hi m up from my house to take hi m home.
a My question, 1 guess, would be simply, how did you 8 Q All right.
I 9 know that it was Sergeant Fernandez now? 9 A So that no one would be left without a car.
l
1 0 A Only because of that day in court. 10 Q Okay. Let's take five minutes or something. You
111 Q Okay. So you saw him at cour t . Maybe not saw him 1 1 want to get some water, have a bathroom break or something
112 testify, but you saw him in the courtroom or whatever. 1 2 like that?
I "
A Right. Li ke- 1 3 A I'm fine.
| 1 4 Q You saw him - 1 4 Q Well, we've been going at it for a while. 1 want
I
1 5
A The waiting area right out here, that whole area. 1 5 to take just five minutes, if you want to talk to
j l 6 Q Okay. All right. And when you saw him, you 16 Mr. Cannella just a f e w minutes.
| l 7 recognized him. 17 (A recess was taken.)
1 8 A Yeah. 1 8 BY MR. LOUGHERY:
I
: i 9
Q Okay. All right. So what did you do in response 19 Q 1 meant to ask you earlier and 1 apologize for
2 0 to him telling you that stuff? 2 0 this - just on some ofthe people.
; 2 1 A 1 tried 1 was trying to find a ride, so 1 2 1 You mentioned Brian Motroni a minute ago. He's a
'[ 22 called a friend of mine that lived in downtown. 22 lawyer at Adams & Diaco, is that right?
! 2 3 Q Who's that? 2 3 A Yes.
| 2 4 A A friend, Anthony. He works at one of the 2 4 Q And wh o does he work with, or what does he do, or
2 5
t
restaurants down here. 2 5 can you give me some explanation on that?
(19) Page 73-Page 76
May 23,2013
Page 77 Page 79 j
1 A He's just one of the attorneys. l Q Okay. And again, 1 know you said before, but just
2 Q Okay. Is there any -- sometimes there's senior 2 so 1 kind of get an idea, so is it fair to say that you j
3 attorneys and they have a junior ~ for lack of a better 3
exclusively do work for Rob Adams unless something comes up j
4 word - 4 where you're needed to do work with somebody else or '
5 A He's an associate. He's not a partner. 5 A Yes.
6 Q Okay. And does he particularly work with a 6 Q - fill in or something like that?
7 particular partner? 7 A Yes. j
8 A He works with all of them. 1 don't know. He 8 Q Okay.
i 9
works with all of them. 9 A Where did we leave off? I'm sorry.
1 0 Q Okay. Was he in the MJ-Bubba trial? Was he one 10 Q Where we left off before?
1 1 of the lawyers -- 11 A Yeah.
1 2 A Yes. 12 Q We left off that Motroni just picked you up and
1 3 Q - working that? 13 had taken you home -
1 4 Okay. Like being - sitting at the desk, all that 14 A Okay.
I S kind of - in court, right? 15 Q -okay?
1 6 A Right. 16 You hadn't - and you didn't see Campbell again -
1 7 Q And you said that the reason you called him was he 17 A Right.
1 8 was somebody - you needed somebody to pick you up, and he 18 Q - after he got out of the car, and the cop
1 9 lived downtown or something like that? 19 wouldn't let you drive and all that kind of stuff.
2 0 A Yeah. 1 knew he lived close to downtown 20 A About the DUI stuff.
2 1 somewhere. 1 mean, Brian - I've been with the firm for 21 Q Yes. Exactly.
2 2 five years, and Brian and 1 are, you know, friends. You 2 2 The - Adam Filthaut. Am 1 pronouncing that
2 3 know, we've hung out. We've gone out. So you know, he's 2 3 correctly?
2 4 someone that 1 could trust. 1 knew he's responsible and, 2 4 A Filthaut.
2 5 you know, 1 felt safe. 1 mean - 2 5 Q And what is he? Is he a partner or is he an
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Page 80
1 Q Sure. 1 associate or what?
2 Okay. Stephen Diaco. All right. He - we talked 2 A He's a partner.
3 about him earlier. But he's one of the partners, right? 3 Q Do you ever do any work for him?
4 A Yes. 4 A Helping. 1 mean, like before, but -
5 Q Okay. You - do you work for him at all? 1 know 5 Q Okay.
6 you said you primarily work for Rob Adams. And I'm sure. 6 A - not particularly.
7 being an employee for Adams & Diaco, you know, they could 7 Q Okay. 1 want to talk about - we touched on it a
8 kind of do whatever, but is there anything that you do on a 8 little bit before. But you had - after you had seen Phil
9 daily basis with Mr. Diaco, workwise? 9 Campbell in the bar, and gone to the Fly Bar, and had some
1 0 A No. 1 mean - no. 10 communications with Rob Adams, and you went back to Malio's
11 Q Okay. 1 1 bar.
1 2 A Not really, no. 1 mean, if 1 need to help -- 12 All right. During the time frame you were at
13 Q Sure. 13 Malio's that second time, did you communicate with anybody
14 A - we all help each other. 14 from Adams & Diaco about what was going on with
15 Q Right. 1 5 Mr. Campbell?
16 And Jay Diaco - and again, obviously, he's the 16 A 1 mean, if there's records to show 1 did? Do you
17 brother of Stephen Diaco. Is he younger than him? 17 have any or no? 1 don't know.
18 A 1 don't know. 18 Q I'm not going to play that game. Come on.
19 Q All right. Do you ever do anything with Jay 19 A No. I'm not - no. 1 haven't looked at my own
20 Diaco? 2 0 records -
21 A 1 have worked for Jay Diaco in the past, like 1 2 1 Q You don't have to -
22 said. 22 I ' m-
23 Q Okay. 1 forgot. I'm sorry. 2 3 A - s o.
24 At this time back in January - 2 4 Q - asking you whether or not -
25 A 1 was not. 2 5 A I'm not playing a game here.
(20) Page 77 - Page 80
May 23,2013
Page 81 Page 83
1 Q Okay. l And that's pointed out in my head because I'm like - and it
2 A This is very serious. 2 was shocking that he got out of the car and 1 told him not
3 Q I'll say. 3 to. And so all of this happened when 1 could, like - I'm
4 A But you know, I just feel like when I'm talking to 4 paying attention at that point at what's going on around me.
5 you about Phil and how many drinks he has, you're yawning, 5 Q Wel l -
6 and you again sit back up to, now, just going into, you 6 A When I'm not focused on specifics like that, no.
7 know - 7 1 wasn't, like, paying attention to messages or what they
8 Q Okay. 8 were saying or what 1 was saying. So no, 1 don't remember
9 A - my firm. And so I really am just trying to 9 it all.
10 focus on - 1 0 Q So if you were texting something, actually using
1 1 Q Okay. 1 1 your fingers and thumbs to write something that you
1 2 A - what's going on. 1 2 authored, you have no memory of any of that.
1 3 Q Okay. 1 3 A There's - 1 don't know if you've heard of drunk
1 4 A I don't recall, like I said before, any specific 1 4 dialing, drunk texting. You text something, and the next
1 5 communications. 1 5 day don't remember doing it. That happens all the time.
1 6 Q Okay. 1 6 Q Okay. Although that usually doesn't involve
1 7 A So if I had, I'm sure, you know, if there was text 17 sitting next to the attorney from the other -
1 8 messages, then there's text messages. I don't remember 1 8 A It's because --
1 9 specifically. 1 9 Q --trial -
2 0 Q Okay. Well, let me ask you this: I'm not asking 2 0 A - because you're drunk so you don't remember.
2 1 you specifically. 2 1 That's -
2 2 Do you recall that you were either texting or 2 2 Q Okay. So and I'm - so is this right, then, that
2 3 calling Mr. Adams, Mr. Diaco, Mr. Filthaut, during the time 2 3 you dont remember - you remember offering to go back to
2 4 frame that you were at Malio's with Phil Campbell? 2 4 Malio's; you did go back to Malio's, but you don't remember
2 5 A I don't remember specifically who or when, but I'm 2 5 any conversations ~
Page 82 Page 84
1 sure there was. 1 A 1 don't.
2 Q Okay. 2 Q ~ or communications you would have had with Ron
3 A But I don't know specifics. 3 Adams, Stephen Diaco or Adam Filthaut during that time.
4 Q Okay. And would those be in relation to what 4 A No. 1 dont remember the specific conversations.
5 Mr. Campbell was doing? 5 1 don't. That was five months ago.
6 A I don't know. I couldn't say for sure. 6 Q And you don't even remember any general
7 Q Were you aware or did you know that someone was 7 conversations.
8 communicating with the Tampa Police Department during the 8 A 1 don't know what we would have talked about. 1
9 time you were in Malio's with Mr. Campbell? 9 don't remember.
1 0 A I don't remember. I don't recall. I don't know 10 Q Okay. Well, if I was to tell you that, at 6:51,
1 1 if I was informed of that if I wasn't informed that. I 1 1 Adam Filthaut called you and you spoke for 95 seconds, or a
1 2 don't remember. I don't remember the context ofthe - of 1 2 minute and a half, do you know why Mr. Filthaut would decide
1 3 any messages so I don't know. 1 3 to call you at 6:51, after hours, while you were at Malio's,
1 4 Q And is that because you just have no memory 1 4 and speak to you for a minute and a half?
1 5 because of your intoxication? 1 5 A I don't know. I cant - I dont remember. 1
1 6 A Yeah. I guess so, yeah. 1 6 mean, 1 don't even know if 1 answered or if that was a call
1 7 Q Well, a moment ago you easily remembered that 17 or a missed call or -
1 8 Mr. Campbell, after being pulled over, told the cop that he 1 8 Q No. This would be a voice call for 95 seconds.
1 9 had zero to drink, which is a pretty specific memory. 1 9 A Okay. 1 have no clue.
2 0 A Well, I said "No. None," or "zero." Like, I 2 0 Q Okay.
2 1 remember him saying that because - 2 1 A 1 don't know.
2 2 Q Okay. 2 2 Q And do you have any memory of talking to
2 3 A - there was those little points of memory. 2 3 Mr. Filthaut, either by phone or text message, that evening?
2 4 But in general specific, I mean, I don't know if 2 4 A I mean, 1 don't remember talking to him
2 5 he said "zero. Zero." Like I don't - but he said "none." 2 5
i
specifically. 1 mean, 1 don't remember when 1 would have
(21) Page 81 - Page 84
May 23, 2013
Page 85 Page 87
1 talked to him or why. 1 don't remember - l neighbor. 1 don't remember a lot of that.
2 Q Okay. 2 The big parts of the night is what 1 remember. 1
3 A -t hat . 3 don't remember the conversations or text messages. 1 don't
4 And what time was that, that you said? 4 remember those small details. 1 remember the big things
5 Q 6:51. When you had about maybe three glasses of 5 that actually stood out in my head. That's it.
6 wine.
6 Q Well, okay. Let me go back for a second.
7 A I don't remember. I don't know. 7
Assuming - because you've already told me you're j
8 Q Do you recall Mr. Filthaut - let me see if this 8 in Malio's to assist them or help them. You've offered your
9 prompts you ever texting to you or talking to you about 9 help with something that you don't know what about, about
1 0 Phil Campbell and what he's doing as far as his drinking at 1 0 Phil Campbell.
1 1 Malio's? 1 1 You're saying you don't know what - how that
1 2 A I don't remember. 12 manifested itself later during all these discussions with
1 3 Q Do you recall Mr. Filthaut ever telling you that 13 Mr. Filthaut or Mr. Adams or Mr. Diaco.
1 4 they had Tampa Police Department involved and he wants 1 4 A 1 just - 1 don't understand. The way that you're
1 5 information from you to give to the Tampa Police Department 1 5 wording things is just - it's not making sense in my head.
1 6 about Mr. Campbell's drinking? 16 I'm sorry.
1 7 A I just don't remember if that - you know, if that 17 Q Okay.
1 8 was - that's why I said earlier I don't remember specifics 1 8 A But 1 don't understand that.
1 9 about this - 1 9 Q Let's see if 1 can make it clearer.
2 0 Q I'm not asking for specifics. I'm asking 2 0 Okay. You've already said you left the Fly Bar to
2 1 A You're asking - 2 1 go to Malio's. You had to drive in your car to go there.
2 2 Q - questions. 2 2 That is a goal-oriented behavior. "1 am going to Malio's.
2 3 A - if I remember him having a conversation with me 2 3 The reason I'm going to Malio's is to help my law firm with
2 4 about that, and I've told you numerous times I don't 2 4 some questions they might have or follow-up involving Phil
2 5 remember the conversation, so I can't assume. 2 5 Campbell." You've told us that under oath, right?
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Page 88
1 Q Okay. Well, let me - let me say this, okay? 1 A Whatever 1 said. 1 don't remember exact words.
2 When I use the term "specifics," I mean, you would 2
Q Okay. And so then you get to Malio's and you sit j
3 say, "He told me X, Y, Z," okay? 3 next to Phil Campbell, all right?
4 A Okay. 4 And so my questions are, in the 24 communications
5 Q I'm not asking that. 5 you had, either by text or voice, specifically, with Adam
6 I'm asking do you recall having any - have any 6 Filthaut, between 6:51 in the evening and 9:45 - so that
7 general memory about, "we had some discussions about Phil 7 would be less than three hours - in all those, you don't
8 drinking"? 8 have any memory of what any of those things were about.
9 A I don't remember talking to him - 9 A You're saying I had 24 text messages with Adam in
10 Q Okay. 10 three hours? 'Cause that would shock me.
11 A - about that. I don't remember that. 11 Q Okay.
12 Q Do you remember talking to him about anything? Or 12 A It would - I would have no clue -
13 texting htm about anything. Or is this news to y o u - 13 Q Be prepared to be shocked.
14 A No. It's not news- 14 A - at al l .
15 Q - t hat y ou- 1 5 Q Okay. 6:51, 95-second voice call from
16 Hold on. Hold on. Let me finish my question. 16 Mr. Filthaut to you.
17 Or is it news to you that you were actually 17 7:04, a text from Mr. Filthaut to you.
18 communicating with Mr. Filthaut that night? 18 7:05, a text from Mr. Filthaut to you.
19 A No. I'm sure that there was communications. I 19 7:07, a text from you to Mr. Filthaut.
20 mean, I've - 2 0 7:20, a text from you to Mr. Filthaut.
21 Q But you - 2 1 7:23, a text - a voice call from you to
22 A Obviously, that's what you're focused on right 2 2 Mr. Filthaut for 34 seconds.
23 now, is my communications with the people at my firm. 2 3 7:52, Mr. Filthaut texts you.
24 I'm sorry that I don't remember, but I don't. And 2 4 7:57, Mr. Filthaut texts you.
25 I - if s the same thing that I would tell my next door 2 5 9:29, a text from you to Mr. Filthaut.
May 23,2013
Pa g e 89 Page 91
1 9:30, a text from Mr. Filthaut to you. i Actually, we'll do the investigation.
2 9:32, a text from Mr. Filthaut to you. 2 A I know.
3 9:36, a text from Mr. Filthaut to you. 3 Q And in fact was this not - was he not arrested
4 9:37 a text from Mr. Filthaut to you. 4 for DUI?
5 A So obviously, there wasn't - 5
A Right. j
6 Q Hold on. 6
Q In your car? j
7 A - a lot of conversation going back and forth. 7 A Yeah.
8 Q We'll get to that. 8 Q Okay.
9 A One-sided. 9 A But you're not that interested in Phil Campbell.
1 0 Q 9:43, a 49-second phone call from you to 10 Q Oh, I'm very interested in Phil Campbell. I'm
1 1 Mr. Filthaut. 1 1 interested in why he was -- why he got stopped.
1 2 Now we're talking 14 minutes before Mr. Campbell's 1 2 You're not a lawyer, are you?
1 3 pulled over. 13 A I'm not asking ...
1 4 9:45, two minutes later, a 45-second call from you 1 4 Q Well, you want to comment.
1 5 to Mr. Filthaut. That would probably be the time you're 1 5 Anything else you want to say on the record?
1 6 wandering around the Malio's valet. 16 A No.
1 7 9:45, a text from you to Mr. Filthaut. 17 Q Can you tell me why - let's see.
1 8 And then those are only ones I'm really 1 8 So you've already said you were back at Malio's
1 9 concerned about asking you about this moment. 1 9 sometime between 6:30 and 7:30.
2 0 You don't have - 2 0 Let's see.
2 1 A No. 2 1 At 6:30, you call Mr. Adams -
2 2 Q ~ recollection or knowledge - 2 2 Well, let me ask you this: You said before that
2 3 A I'm shocked. 2 3 it's not unusual for you to have communications with
2 4 Q - about any of that stuff. 2 4 Mr. Adams because of the work you do with him.
2 5 A I don't. 2 5 Do you recall if, during that evening, you were
Page 90 Page 92
1 Q Okay. And the voice messages the voice 1 having any communications with him, either voice or text, in
2 calls - can you think of any reason why you would be 2 reference to Phil Campbell?
3 needing to call Mr. Filthaut on the phone at 9:43 from 3 A Do I what?
4 Malio's and at 9:45 from Malio's and ~ yes. 4 Q Do you recall if you were having any
5 Can you think of any reason why you would be 5 communications with him that night, other than the ones
6 needing to be calling him on your phone from Malio's at 6 you've said to me earlier, when you called to say you saw
7 those times? 7 Campbell in Malio's when you were first there.
8 A I just don't remember those. 8 A I don't remember. I don't remember our
9 Q So you can't think of any reason why you would 9 conversations.
1 0 call him, right? 1 0 Q Now, do you recall calling anybody else other than
1 1 A I don't want to guess. 1 1 Brian Motroni? I think you mentioned this Anthony guy. Did
1 2 Q Okay. Well, is it possible you were calling him 12 you text him or did you try to call him on the phone?
1 3 to say that you were getting ready to get Mr. Campbell in 1 3 A I called him.
1 4 your car, and "get ready"? 14 Q Do you recall trying to call anybody else after
1 5 A No. I - I wouldn't say that. I don't - I 1 5 Mr. Campbell was arrested? And by that I'm talking about,
1 6 don't - 16 let's say, before Mr. Motroni came and picked you up.
1 7 Q You just laughed like that couldn't happen. But 17 A I don't remember.
1 8 you don't know what happened you're telling me. 18 Q Okay.
1 9 A Well, you're assuming, so ~ 1 9 A When are you -
2 0 Q Oh, yes. 2 0 Q After -
2 1 A I know. 2 1 A I mean, any time in between when?
2 2 Q Okay. 2 2 Q No. After the car's pulled over -
2 3 A I mean, it's obvious this isn't a DUI 2 3 A Okay.
2 4 investigation, so ... 2 4 Q - after you're sitting there - you're sitting in
: 2 5
1
Q Is there any other comments you want to - 2 5 the car, Campbell's out of sight of you.
x May23, 20 13
Page 93 Pa ge 95
i
1 Did you know at that time that they were l 1 don't know if he had been arrested at that point. 1 don't
2 conducting a DUI investigation on him? 2 know when this 1 don't know the sequence, so 1 don't
3 A 1 didn't know what was happening. 3 know. 1 mean, 1 didn't know that he even got arrested until
4 Q All right. And then prior to Mr. Motroni coming 4 right before Brian was getting there to come pick me up. In i
5 and picking you up, okay? So I'm talking about that time 5 my mind, it all seemed like it was just two minutes.
6 frame there from being pulled over to Mr. Motroni picking 6 Q Okay.
7 you up.
7 A So the frame of that, you know, 1 don't even know
8 Do you recall making phone calls to anybody else 8 how long we were sitting there. 1 dont know when - you
9 besides Anthony and Brian Motroni? 9 know, the time frame is a huge blur.
1 0 A 1 don' t - 10 Q Okay.
1 1 Q Please don't tell me you don't understand my 1 1 A It felt like it was quick, so ...
1 2 question. 1 2 Q Well, according to these records, you would have
1 3 A 1 just don't - I'm trying to remember. And you 1 3 called Brian Motroni at 10:13, which would be - for 68
1 4 know, 1 - 1 don't know. 14 seconds.
1 5 Q Okay. Do you recall that you called Melissa - 1 5 And so from 9:57, when Sergeant Fernandez pulls
1 6 excuse me. Sorry - that you called Vanessa right after 1 6 the car over, until 10:13, which would be 16 minutes, while
1 7 being pulled over, spoke with her for 105 seconds, which 17 you were sitting there, you called Vanessa.
1 8 would be a minute and a half or so? 18 You called Rob Adams for almost five minutes.
1 9 A No, I don't. I don't remember that. 1 9 He called you back and spoke to you for two or
2 0 Q Okay. Do you recall, four minutes after the car 2 0 three minutes.
2 1 is pulled over, calling Rob Adams and speaking to him for 2 1 You called Rob Adams again at 10:05 and spoke with
2 2 almost five minutes on the phone? 2 2 him for 24 seconds.
2 3 A No. I - I mean, I don't remember - I mean, when 2 3 You called Melissa at 10:06 -
2 4 would - I don't even remember calling Vanessa. 2 4 A Vanessa.
2 5 Q Okay.
2 5 Q I'm sorry. Not Melissa. Vanessa. Looked like
Page 94 Pa ge 96
1 A Like, you're - 1 four seconds, which was probably a voice mail or something.
2 Q Okay. 2 And then you called Mr. Adams again at 10:11, 24
3 A You're informing me of something right now. 3 seconds. You texted Mr. Adams at 10:12.
4 Q Okay.
4 And then you called Mr. Motroni at 10:13.
5 A So I'm trying to play it back in my head. 5 And then, 'cause Mr. Motroni wouldn't have been
6 But I mean, I don't know. I mean, I don't know. 6 there yet, 'cause that would have been the first time you
7 I mean, I call Rob about everything. I mean, I 7 called him, you called Mr. Adams again at 10:15 and talked
8 tell him about, you know - 8 to him for 95 seconds, you then called Mr. Motroni again at
9 I mean, I have to say, if I got pulled over, and 9 10:17 and spoke to him for almost three minutes.
1 0 that was a serious, you know - and I'm scared or, like, I 10 You then immediately hung up and called Mr. Adams
1 1 can't believe this is, you know - whatever was running 1 1 and spoke to him for 105 seconds.
1 2 through my mind at that moment - 12 You then called Mr. Diaco at 10:25 and spoke to
1 3 Q Okay. 1 3 him for over two minutes.
14 A - you know, I called my boss. 14 Can you tell me why you would decide to call
1 5 Q Okay. 15 Mr. Diaco at that time?
I S A Because I'm like, "What do I do?" 16 A No. I could not tell you why.
17 Q And this is the same boss you had talked to 17 Q Okay.
18 earlier about going back - 18 A I don't remember any and all these calls, so -
19 A Right. So - 19 Q Okay. And then you texted Mr. Filthaut at 10:35.
2 0 Q - to Malio's - 2 0 That would have been the first time you would have had
21 A - I mean - yeah. I mean - 21 communications with Mr. Filthaut after the arrest.
22 Q - to see Phil Campbell. 22 Do you know why you would contact Mr. Filthaut
23 So do you think you'd be telling him Phil Campbell 23 after Mr. Campbell was arrested?
2 4 just got arrested? 2 4 A No.
25 A Well, I don't --1 don't know what I was saying. 2 5 Q At 10:55, you talked to Mr. Adams for 50 seconds.
May 23,2013
Page 97 Page 99
1 At 11:30, you spoke to Vanessa for a minute. i A Not at all.
2 Remember that? 2 Q Okay.
3 A I've told you I don't remember, so -- 3 A Not at all.
4 Q I - 4 Q Or 1 don't know what time you would get up, but 1
5 A ~ do you have a few more pages? 'Cause I don't 5 guess you were up the whole time, but --
6 remember. 6 A 1 was not up the whole time, so -
7 Q That's exactly how I've got to do it. 7 Q Well, so you're not -
8 A Okay. 8 A For you to suggest that 1 was up all night is
9 Q I'm sorry, but that's how we've got to do it. 9 completely wrong.
1 0 A My continuous answer is, I don't remember. 10 Q Okay.
1 1 Q I understand what - 1 1 A 1 did pass out.
1 2 A I'm not going to remember something 10 seconds -- 12 Q Okay.
1 3 Q I - 13 A 1 don't remember.
1 4 A -- to the next 10 seconds - 14 Q Okay.
1 5 Q You'd be surprised - 15 A 1 was not up all night.
1 6 A - to the next - 16 Q But there was -
1 7 Q - what people could remember if you - 17 A Sorry.
1 8 As you said earlier, if you were able to look at 18 Q There's a text at 4:30 from you, and at 4:40, and
1 9 your records, maybe you could remember -- 1 9 at 5:09 and 5:42.
2 0 A No. I di dn' t- 20 A 1 don't -
2 1 Q - some of these things. 2 1 Q And 6:40.
2 2 A I didn't say I could remember. 2 2 A 1 have no clue.
2 3 Q Okay. 2 3 Q And 6:48.
2 4 A I said, if you say it and it's there, then it's 2 4 A None. None. And t hat ' s-
2 5 there. 2 5 Q And 7:49 and 8:08 and 8:10 and 8:13.
Page 98 Page 10 0
1 Q Okay. 1 Actually, those are phone calls to Vanessa at 8:00
2 A But I don't remember. 2 in the morning.
3 Q All right. Is it common for you to talk to 3 You don't have any recollections of any of those.
4 Mr. Adams at 4:30 in the morning? 4 or being even awake at that time.
5 A I don't ~ absolutely not. So I don't know what 5 A You know, the 6 and on, possibly, yeah. But
6 that - that suggestion - 6 4:30 -
7 Q That's a text at 4.30 from you to him. 7 Q Okay.
8 There's one from you to him at 4:40. 8 A - definitely not.
9 There's one from you to him at 5:09 in the 9 Q All right. Earlier you had said that you and
10 morning. 10 Mr. Diaco don't -
11 A I don't know how - 11 Do you have any -
12 Q There's one from you to him at 5:40 12 If I have asked this, i apologize.
13 I mean, I have been intoxicated before. I usually 13 Do you recall having any communication with
14 go to sleep. 14 Stephen Diaco that evening while you were in Malio's or
15 A Yeah. I know. I didn't, obviously. I didn't. 15 shortly thereafter?
16 So I don't know what that's about at all. 16 A No.
17 Q Okay. Well, let me - when's the next time you 17 Q Okay. Here's Mr. Diaco texting you at 7:17 and
18 remember something? The next morning? 18 you texting him back at 7:19.
19 A The next morning. 19 You don't have any memory of that, right?
20 Q When you saw the briefcase at n o o n ? 20 A A.m. or p.m.?
21 Anything between the stop and then? Do you 21 Q Excuse me. In the -
22 remember - you don't r e me mbe r any of t hese phone calls in 22 A I don't remember.
23 the middle ofthe night. 23 Q In the evening. I'm sorry. That would have been
24 A No. 24 after you got back to Malio's.
25 Q 4 and 5:00 in the morning? 2 5 A No.
May 23,2013
Page 101 Page 10 3
1 Q Okay. Mr. Diaco texted you at 7:21. l whatever - but is it fair for me to say that, from what we
2 He texted you at 7:22. 2 just talked about, that you don't have any memory of any of
3 He texted you at 7:23. 3 these texts or communications with either Stephen Diaco,
4 You texted him back at 7:50. 4 Adam Filthaut or Rob Adams during the time frame you were in
5 This is Mr. Stephen Diaco. 5 Malio's.
6 He texted you at 2 - excuse me - 8:01. 6 A I don't remember.
7 He texted you at 9:13. 7 Q Okay.
8 You texted him at 9:28. 8 A I don't. And I don't want to guess or -
9 He texted you at 9:35. 9 Q I understand.
1 0 A lot of these are, they're calling you. 10 Why don't - if you'll just do me this favor,
1 1 Let's see. 1 1 okay, why don't you just take a break for a few minutes,
1 2 Now, let me ask you, you're - and you told me 1 2 like about five minutes. And I might not have any more
1 3 this earlier, or this morning, told me this earlier - the 1 3 questions of you. I might have a few more, okay? Just give
1 4 FBI seized your phone this morning, is that right? 1 4 me a chance to kind of put my notes together. Is that fair?
I S A Mm-hmm. 1 5 So what time do you have now on your watch?
1 6 Q Is that the same phone that you had back then? 16 A 3:40.
1 7 A Same phone number. It's not the same phone. 17 Q Okay. You want to be back a t - 10 minutes?
1 8 Q Okay. You changed your phones? 18 A No. I mean, I just want -
1 9 A I got a new phone. 1 9 Q I understand.
2 0 Q Okay. And what did you do with your old phone? 2 0 A I want to get home to my kids.
2 1 A Nothing. 2 1 Q Okay. Five minutes, we'll come back and get you,
2 2 Q You still have it? 2 2 all right?
2 3 A No. I mean, I don't think 1 do. It was still - 2 3 Thank you.
2 4 it wasn't working and 1 upgraded to a newer one. 2 4 (A recess was taken.)
2 5 Q Okay. Did you -- did you delete any of your text 2 5
Page 10 2 Page 10 4
1 messages from this night? 1 BY MR. LOUGHERY:
2 A Possibly. I mean, I don't know what I had in 2 Q All right. Just a couple more.
3 there or didn't have in there. I mean, I think I had. 3 Couple things I meant to ask you about.
4 like - 1 mean, I have an automatic where it said it deletes 4 One is, when you were in Malio's with
5 them. I don't save text messages forever. And I have so 5 Mr. Campbell, did you ever have any conversation with him
6 many that, you know, I don't - 6 where he told you that he - I think you said he told you
7 Q Okay. Is there a reason that you forgot your 7 that he lived down the street or something like that, is
8 phone when you came to court two days later when you were 8 that right?
9 asked to bring it? 9 A That was after -
1 0 A I wasn't asked to bring it. 10 Q That was after -
1 1 Q Okay. 1 1 A After we left. We were walking outside. That's.
1 2 A And I didn't forget it. I wasn't asked and I 12 when he said - when we were having the disagreement about
1 3 wasn't subpoenaed. I came voluntarily. 1 3 if I should drive or not or regarding my car.
1 4 Q Okay. I could be confused. I know Mr. Diaco - 14 Q That's where that came up, about, 'You can come
1 5 A Right. 1 5 over and sober up," and that kind of thing.
1 6 Q - was asked to bring his phone, and he didn't. 16 A Right.
17
A Right. 17 Q All right. So did you know - did he ever tell
1 8 Q Did he ever tell you why he didn't? 18 you that he had a car, did not have a car, and why he
1 9 A No. That's none of my business. 1 9 wouldn't offer to drive you someplace or - let me just
2 0 Q I'm not asking if it's your business or not. I 20 strike that.
2 1 just asked if he asked you. He could have said anything to 2 1 Did he ever mention to you that he would be
2 2 you. 22 walking home; that he didn't drive there?
2 3 Just so we don't have to do a bunch more of this, 2 3 A When he was outside, he said -
; 2 4 but is it fair for me just to say ~ 'cause I don't want to 24 Q Right.
2 5 hear at a later time you suddenly remember something or 2 5 A - like, "Walk with me to my place. I live right
Fn Re: State Attorney Investigation Melissa Personius
May 23, 2013
Page 10 5
1 down the street," so ~
2 Q Okay. Well, you remember he said, "Walk with me."
3 S o you had the impression at that ti me he wasn' t goi ng to be
4 driving home. You follow what I'm saying?
5 A If he says, "Walk. 1 live down the street," i
6 don't -
7 Q It's a minor point. I'm just trying -
8 Okay. Look, 1 could - 1 could say, "Let's walk
9 to my place," but 1 could still have a car, but I'm choosing
i o to walk instead of drive, okay?
n A Well, maybe he thought he was drunk and he
12 shouldn't be driving.
1 3 Q Okay. Thaf s - my question is, did you know that
1 4 he did or did not have a car there -
1 5 A No.
1 6 Q -- or are you assuming he didn't because he said
1 7 he was going to walk?
1 8 A I'm not assuming anything.
1 9 Q Okay. All right.
20 A I'm not assuming anything.
21 Q Okay. Mr. Motroni. What kind of car was it that
22 he was driving, do you remember?
2 3 A No.
2 4 Q Not at all? 1 mean, remember a color? Was it an
2 5 SUV? A compact? A station wagon? A pickup truck?
Pa g e 10 7
1
2 C ER TI FI C A TE OF OATH
3 STATE OF FLORI DA )
4 COUNTY OF PI N ELLAS )
5 I . the u nd er s i g ned au th o r i ty, c e r t i f y tht MELISSA PHRSONIOS
pe r s o n a l l y appe ar e d b e f o r e me and was d u l y s wo r n .
6
WITNESS o y band and o f f i c i a l s e a l t h i s 29 t h d ay o f May,
7 2013.
8
9
10
1 1
Page 10 5
1 down the street," so ~
2 Q Okay. Well, you remember he said, "Walk with me."
3 S o you had the impression at that ti me he wasn' t goi ng to be
4 driving home. You follow what I'm saying?
5 A If he says, "Walk. 1 live down the street," i
6 don't -
7 Q It's a minor point. I'm just trying -
8 Okay. Look, 1 could - 1 could say, "Let's walk
9 to my place," but 1 could still have a car, but I'm choosing
i o to walk instead of drive, okay?
n A Well, maybe he thought he was drunk and he
12 shouldn't be driving.
1 3 Q Okay. Thaf s - my question is, did you know that
1 4 he did or did not have a car there -
1 5 A No.
1 6 Q -- or are you assuming he didn't because he said
1 7 he was going to walk?
1 8 A I'm not assuming anything.
1 9 Q Okay. All right.
20 A I'm not assuming anything.
21 Q Okay. Mr. Motroni. What kind of car was it that
22 he was driving, do you remember?
2 3 A No.
2 4 Q Not at all? 1 mean, remember a color? Was it an
2 5 SUV? A compact? A station wagon? A pickup truck?
12
13
14
15
16
17
18
19
2 0
2 1
2 2
2 3
24
25
Page 10 6
1 Anything like that?
2 A (Shakes head.)
3 Q Because you stayed in your car, right?
4 A (Nods head.)
5 Q Adam Filthaut. Did he previously represent you in
6 your reckless driving?
7 A Yes.
8 MR. LOUGHERY: 1 don't have any other
9 questions.
10 Okay. Thank you Melissa. Sorry it took so
11 long.
12 THE STATEMENT WAS CONCLUDED AT 3:42 P.M.
13
14
15
16
17
18
19
20
21
22
23
24
25
Pa ge 10 8
1
2 REPORTER'S C E R T I F I C A T E
3
6 I , DONNA M. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po r t e r ,
c e r t i f y t h at I was au t h o r i z e d to and d i d s t e n o g r a ph i c a l l y
7 r e po r t th e s tate me nt o f MELI SSA PERSONIUS and t h a t t h e
t r an s c r i pt i s a tr u e and c omplete r e c o r d o f my s te no g r aph i c
8 n o t e s .
9 I f u r t h e r c e r t i f y t h a t I am n o t a r e l a t i v e , e mpl o ye e ,
a t t o r n e y o r c o u n s e l o f any o f t h e pa r t i e s , no r am I a
10 r e l a t i v e o r empl o yee o f any o f th e pa r t i e s ' a t t o r n e y o r
c o u n s e l c o nne c te d wi t h th e a c t i o n , no r am I f i n a n c i a l l y
11 i n t e r e s t e d i n t h e a c t i o n .
12 DATED t h i s 29 t h d ay o f May, 2013.
13
14
15
Page 10 6
1 Anything like that?
2 A (Shakes head.)
3 Q Because you stayed in your car, right?
4 A (Nods head.)
5 Q Adam Filthaut. Did he previously represent you in
6 your reckless driving?
7 A Yes.
8 MR. LOUGHERY: 1 don't have any other
9 questions.
10 Okay. Thank you Melissa. Sorry it took so
11 long.
12 THE STATEMENT WAS CONCLUDED AT 3:42 P.M.
13
14
15
16
17
18
19
20
21
22
23
24
25
DOWNA M. KANABAY, SMS, CSS, FPR. 1
16 N o t a r y P u b l i c ;
17
18
19
20
2 1
2 2
2 3
2 4
2 5
May 23, 2013
0
08 (1)
56:7
09 (2)
55:2;56:7
1
10(5)
8:8;65:1:97:12,14;
103:17
10:00(1)
48:5
10:05(1)
95:21
10:06(1)
95:23
10:11 (1)
96:2
10:12(1)
96:3
10:13(3)
95:13.16:96:4
10:15(1)
96:7
10:17(1)
96:9
10:25(1)
96:12
10:35(1)
96:19
10:55(1)
96:25
105(2)
93:17:96:11
10-year (1)
65:18
11:30(1)
97:1
12(2)
56:5.5
12th (1)
28:6
14(2)
65:1:89:12
14' s(l )
65:20
14-year (1)
65:17
16(1)
95:16
1982(1)
2:10
2( 1)
101:6
2008 ( I )
55:15
2010(1)
55:2 48:4:91:19,21 101:8 2:13.15,23:4:10;
2013 (2) 6:40(1) 9:29(1) 5:2;8:18;16:20;
5:25:55:5 99:21 88:25 17:12,19:18:17,22;
23rd (10) 6:48(1) 9:30 (1) 19:9.11:22:6;29:1;
4:2:5:18,24;6:20, 99:23 89:1 36:4.12,13;37:2;
23.25;7:7;9:12; 6:51 (5) 9:32 (1) 76:22;78:6,7:79:3;
43:12:55:5 84:10.13:85:5; 89:2 80:10,14;81:23;84:3;
24(4) 88:6,15 9:35 (1) 87:13;91:21,24;
88:4.9:95:22:96:2 68 (1) 101:9 93:21;95:18,21;96:2.
29th (1) 95:13 9:36 (1)
89:3
3.7,10,25;98:4;103:4
add(l )
2:10
9:36 (1)
89:3
3.7,10,25;98:4;103:4
add(l )
7 9:37 (1)
89:4
51:13
address (1)
7 9:37 (1)
89:4
51:13
address (1)
3
9:37 (1)
89:4
51:13
address (1)
7:04(1) 9:43 (2) 70:2 7:04(1) 9:43 (2) 70:2
3:40(1) 88:17 89:10:90:3 adjudication (2)
103:16 7:05(1) 9:45 (4) 55:19:56:1
3:42 (1) 88:18 88:6:89:14.17; advice (1)
106:12 7:07 (1) 90:4 30:3
30(1) 88:19 9:57 (2) advised (1)
12:20 7:17(1) 48:1;95:15 30:4
34(1) 100:17 95(3) afternoon (1)
88:22 7:19(1) 84:11.18;96:8 68:19
100:18 95-second (1) afterwards (1) 100:18 95-second (1) afterwards (1)
4 7:20 (1) 88:15 74:2
Again (14)
88:20
74:2
Again (14)
4(1) 7:21 (1) A 8:5; 12:22;51:6;
60:18;61:17;72:21;
98:25 101:1
8:5; 12:22;51:6;
60:18;61:17;72:21;
4:30 (4) 7:22(1) abbreviated (1) 78:16:79:1.16:81:6;
98:4.7;99:18: 101:2 44:17 95:21:96:2,7,8
100:6 7:23 (2) able (10) agent(1)
4:40 (2) 88:21;101:3 11:21:60:18:61:1, 31:21
98:8:99:18 7:30 (4) 1,8;63:23;64:12,13; agents(2)
45-second (1) 47:8.23:48:4; 67:6;97:18 31:16:32:7
89:14 91:19 above (1) ago (8)
49-second (1) 7:49(1) 7:10 5:5,7;20:14;30:19:
89:10 99:25 absolutely (1) 44:13;76:21;82:17:
7:50(1) 98:5 84:5 7:50(1) 98:5 84:5
5 101:4 accept (1) agree (1)
7:52 (1) 67:22 34:11 7:52 (1) 67:22 34:11
5(3) 88:23 access (13) agreement (1)
7:13:9:25:10:1 7:57(1) 60:11,16,18,19; 65:9
5:00 (2) 88:24 61:17.19:62:4.15:
63:25:64:12:66:19;
ahead (11)
26:16.24;40:15;
7:14:98:25
61:17.19:62:4.15:
63:25:64:12:66:19;
ahead (11)
26:16.24;40:15;
5:09 (2) s 67:5,7 41:l,14;47:l;58:12;
60:1:68:12:70:4;
98:9;99:19 according (1)
41:l,14;47:l;58:12;
60:1:68:12:70:4;
5:30(1) 8:00(1) 95:12 75:5
9:25 100:1 acquaintances (1) ahold (1)
5:40 (1) 8:01 (1) 8:23 67:16
98:12 101:6 across(1) aid (2)
5:42 (1) 8:08(1) 6:13 35:1,15
99:19 99:25 acting (1) allowing (1)
50(1) 8:10(1) 25:3 32:2
96:25 99:25 actual (1) almost (5)
8:13(1) 19:16 48:5;71:8;93:22; 8:13(1) 19:16 48:5;71:8;93:22;
6 99:25 Actually (10) 95:18:96:9
38:1;54:24;55:15; along (3) 38:1;54:24;55:15; along (3)
6(5) 9 57:14:75:21:83:10;
^ 86:17:87:5;91:I;
17:13;35:25;51:24
Although (1)
- 7:I3;9:25.25;10:1;
57:14:75:21:83:10;
^ 86:17:87:5;91:I;
17:13;35:25;51:24
Although (1)
100:5 9(1) 100:1 83:16
6:00 (1) 55:15 Adam (7) Amendment (4)
31:16 9:13(1) 79:22:84:3,11; 29:25;30:10,14,16
6:30 (7) 101:7 88:5,9;103:4;106:5 amount (2)
12:25;47:5.8,23: 9:28(1) | Adams (40) 33:14;54:9
(1)08-amount
May 23,2013
answered (2) assumption (2) bag(l ) 17:1:23:14:30:21; 67:17:76:6
75:11;84:16 57:5,6 68:9 87:2.4 call (25)
Anthony (3) attendant (2) bar(63) birth ( I ) 19:1,25:25:15,16,
74:24;92:11;93:9 58:20;60:13 7:10,10,20;10:14, 2:9 22;26:2;34:1,4:
apologize (2) attention (5) 17,24;11:3.11,16,21; bit (4) 67:17;73:11:84:13.
76:19:100:12 40:22,22;68:11; 13:12,13.15,18,24, 62:9;70:4;71:I5; 16.I7,18;88:15.21;
apparently (2) 83:4,7 25:14:1,12,16;15:1, 80:8 89:10,14;90:3,10;
42:19;48:23 attest (1) 5.8.24:16:2,5.9,10, blocks (1) 9l:2I;92:l2, I4;94:7;
appetizers (1) 35:21 11,13,19,22; 17:4.17, 60:8 96:14
45:2 attorney (8) 20;18:11.12;19:23; blur (1) called (29)
approached (1) 26:23,25:27:20,20; 20:25:22:7:25:17; 95:9 17:19;22:6;36:3;
72:10 44:7:45:20:55:10; 29:14:32:17;34:19: boss (2) 41:4;74:22:75:6.9,
Approximately (6) 83:17 35:19;37:15,17; 94:14.17 10;76:6;77:17;
2:16:7:12:8:3; attorneys (5) 38:19:40:5.10:41:25; both (10) 84:11;92:6,13;93:15,
I2:21;47:5;69:23 17:7;44:5;48:23; 45:18:46:8:57:14.18, 6:18;10:10.12; 16;94:14;95:13.17,
area (8) 77:1,3 22:58:4,5,6,9;80:9,9, 13:13:52:13:57:22: 18,19,21.23;96:2.4,7,
10:14.24.25:11:3: attracts (1) 11;87:20 58:2,5:60:12:62:10 7,8,10.12
58:14:62:6:74:15,15 14:10 barely (1) bother (1) calling (7)
around (13) authored (1) 35:21 25:11 81:23:90:6,12;
3:17,24:7:17.19, 83:12 BARLETT (3) boyfriend's (1) 92:10;93:21,24:
21; 11:7:47:5:68:1. authorities (1) 25:15,22:42:20 69:24 101:10
I3,I3;75:8;83:4; 21:7 bars (3) bread (1) calls (8)
89:16 authority (1) 7:17,25:14:5 12:6 20:4:34:17;37:2;
arrangement (1) 21:9 bartender (3) break (2) 90:2;93:8;96:18;
65:23 automatic (1) 39:22;40:18;41:4 76:11:103:11 98:22; 100:1
arrest (2) 102:4 bartenders (3) Brian (11) came (10)
5:21:96:21 available (1) 40:21,22,23 4:16:44:8,10:75:9: 7:2.9;41:23:48:24;
arrested (8) 37:24 Bartlett (1) 76:21:77:21,22; 58:17;63:11;92:16:
26:14:72:23:91:3: awake (1) 46:10 92:11:93:9:95:4,13 102:8,13:104:14
92:15:94:24:95:1.3; 100:4 based(1) briefcase (4) Campbell (60)
96:23 aware (9) 27:17 68:4,15;70:6: 5:19,21,25:6:2.23;
arriving (1) 5:25;6:2,3;8:I3; basically (6) 98:20 14:23;15:7,19;16:14,
72:16 25:19;29:5;31:20; 4:3:16:21:18:3.5; briefly ( I ) 19,22:17:13,17,19;
Ashley (2) 53:15:82:7 43:10:73:9 5:8 18:22; 19:20:21:1;
70:16,17 away (2) basis (2) bring (4) 25:17:28:7,24:34:21;
assess(1) 61:9;69:22 9:3:78:9 12:6; 102:9,10.16 36:3.6:37:3,24: assess(1)
bathroom (1) brother (1) 38:I5;39:13.18;41:2;
56:4
bathroom (1) brother (1) 38:I5;39:13.18;41:2;
assessed (2) B 76:11 78:17 45:25;46:5;48:6; assessed (2)
become (1) brought (7) 51:14;53:9.13.17;
55:14;56:2
become (1) brought (7) 51:14;53:9.13.17;
assign (1) back (88) 8:21 39:23;41:I5; 57:12;72:21;73:5;
37:6 9:15;10:21;21:4; beers (1) 48:21;49:1:63:10,11, 79:16:80:9,15;81:24;
assigned (1) 22:12;23:11,16:24:2. 52:14 17 82:5,9,18;85:10;
2:21 4,5,7,13.20;25:1.3,6; began (1) Bubba (1) 87:I0,25;88:3;90:13;
assignment (2) 28:12,15,17,20.21; 45:5 3:15 91:9,10:92:2.7,15;
27:15;28:5 29:6,7;31:3.7.10; Beginning (2) Bubba-MJ (1) 94:22,23;96:23;
assist (5) 32:14,17,19.21:34:2, 5:22,23 45:20 104:5
28:12:31:7.10; 19,24;36:7.8,11,13; behavior (1) Building (1) Campbell's (6)
35:16;87:8 37:12:38:6,14,23; 87:22 8:10 22:6;45:20;63:2l;
assistance (2) 39:1,12,15:42:23; behind (4) bunch (2) 85:16;89:12;92:25
38:14,16 47:4,6,11.23:48:4. 4:21:71:12,12.13 64:23; 102:23 Can (46)
assistant (5) 11;51:17,20;52:8,13; belief (1) business (2) 2:20:3:13:11:7;
2:13.I7;3:2;25:4; 55:2:56:7;57:10: 62:3 102:19,20 17:16;19:3;20:1.7:
27:20 58:17;61:15;62:19; besides (6) busy (1) 23:10:24:6,20:25:7;
associate (2) i 63:4,15:64:13.14; 28:23;46:8;52:14; 63:4 26:18;35:21;36:14:
77:5;80:l | 66:20,22;68:14.24; 53:8;65:5;93:9 buy (2) 37:20,21 ;39:2;48:3;
assume (12) 70:8;71:6,12;78:24; best(3) 49:25:53:9 51:25;53:22;54:1;
5:1;10:6;2I:1I; 80:10:81:6:83:23,24; 5:7; 16:19; 17:25 buying (1) 60:7,9,13,14,15,17.
23:22;24:4,21 ;31:13: 87:6;89:7;91:18; better (4) 53:13 25;62:17,19,23;
63:20;66:12,12;
36:10,14;54:1;63:18; 94:5,18;95:19; 3:3;7:22;59:19;
25;62:17,19,23;
63:20;66:12,12;
85:25 100:18,24; 101:4,16; 77:3 c 67:13,16;73:11,11;
75:14;76:25;87:19;
assuming (7) 103:17,21 beverages (2)
67:13,16;73:11,11;
75:14;76:25;87:19;
49:22:57:4:87:7; bad (2) 12:16,17 cab (6) 90:2,5;91:17;96:14;
90:19,105:16.18.20 31:14:71:9 big (5) 64:14,14:66:21.22; 104:14
Kanabay Court Reporters - Serving the Tampa Bay Area (2) answered - Can
May 23,2013
Cannella (5) changed (1) communicated (1) 104:5 23:14
27:2,3;28:9;30:6; 101:18 36:5 conversations (10) dealings (1)
76:16 changing (1) communicating (2) 24:13:35:11;37:9: 5:1
Cantina (1) 66:11 82:8:86:18 46:5,7;83:25;84:4,7: debit (2)
75:4 Chardonnay (2) communication (8) 87:3:92:9 12:14;44:21
car (69) 14:19;39:23 18:16;24:16;26:3; convicted (1) decide (4)
10:6:32:19:33:15; charge (1) 34:25:36:4,21:38:4; 54:24 7:15:66:25:84:12;
37:13;47:25:57:12, 54:24 100:13 cop (5) 96:14
20,58:21 ;60:2,6.11, check (1) communications (12) 71:13;72:16;73:1; decided (3)
14;61:5,19;62:4,18, 23:13 26:22;80:10; 79:18;82:18 50:12:54:4,15
20,22;63:10,11,17; checking (1) 81:15;84:2;86:19,23: copies (2) decision (2)
64:1.13;66:20,24; 39:9 88:4:91:23:92:1,5; 42:15,18 7:15:9:17
67:5,6,11,21,23; children (1) 96:21;103:3 copy (2) definitely (2)
68:14,17,24;71:6,13, 64:25 compact (1) 43:3;44:11 51:18; 100:8
16,17,18,19,19,24; chit-chatting (1) 105:25 correctly (1) degree(1)
72:I.16,18;73:1,4,5, 12:7 completely (2) 79:23 3:5
10,12;75:15,23,24; choosing (1) 40:14;99:9 counsel (3) delete (1)
76:1.9;79:18:83:2; 105:9 concerned (2) 30:3,4.6 101:25
87:21 ;90:I4;91:6; Circuit (3) 30:9:89:19 counsels (1) deletes ( I )
92:25;93:20;95:16; 27:16:28:3,6 CONCLUDED (1) 6:7 102:4
104:13,18,18:105:9, clear (5) 106:12 couple (7) Denise (2)
14,21:106:3 34:15:38:25:39:2; condo (2) 37:18;44:12; 41:5.5
card (3) 46:19;49:8 60:8:67:13 53:21:60:8:69:25; Department (3)
12:14;44:21;59:2 clearer ( I ) conduct (1) 104:2,3 82:8:85:14.15
care (6) 87:19 28:3 course (2) depending (2)
21:14:55:16,21; client (1) conducted (2) 26:15:27:18 3:7:66:11
56:21,22;71:21 27:18 27:9,9 court(8) describe (1)
cared (2) clients (1) conducting (2) 4:23;29:19:30:10; 9:5
21:11,17 37:7 27:22:93:2 55:16:74:10.11; desk (2)
careful (1) client's (1) conference (3) 77:15:102:8 4:21:77:14
71:7 27:4 27:l;28:9;46:10 courtroom (4) details (4)
cars (4) close (2) confused (1) 30:25:73:23,24; 34:17;36:2;43:5:
13:13;61:23; 16:1;77:20 102:14 74:12 87:4
62:10:63:4 closest(1) consider (1) crowd (5) Diaco (31)
car's (2) 11:16 3:8 7:22:I3:23;14:I I. 2:13,15:4:16,20;
67:2;92:22 Clue (4) constant (2) 12;15:5 5:8;8:18;17:12;20:4,
case (12) 21:16;84:19; 9:7:37:8 crowded (4) 4:29:I:76:22;78:2,7,
4:8;5:2,6,11;6:8; 88:I2;99:22 constantly (1) 10:13:16:5:40:11. 9,16.17,20,21;80:14:
17:3;25:19;42:17,24; cocktail (1) 66:11 14 81:23:84:3:87:13;
44:9:46:1:47:25 46:18 consumed (1) currently (1) 96:12,15:100:10.14,
cases (2) coincidental (1) 50:10 2:11 17:101:1,5:102:14;
37:6,7 57:24 contact (9) cut ( l ) 103:3
casual (1)
14:13
color(1)
105:24
6:23;7:2;9:7;
21:25:23:22;35:8.9;
71:7 dialing (1)
83:14
casual (1)
14:13
color(1)
105:24
6:23;7:2;9:7;
21:25:23:22;35:8.9;
dialing (1)
83:14
caught (1) Comfort (3) 37:8:96:22 D dialogue (1)
23:23
9:8 49:21,21:52:3 contacted (1)
dialogue (1)
23:23
cause (12) Comforts (1) 16:19 daily (4) different (1)
26:ll:33:7;44:19; 50:1 contents (1) 9:3,4.6;78:9 3:7
65:9;66:20,20;71:1; coming (2) 19:14 date (3) dining (3)
88:10;96:5.6;97:5; 27:18;93:4 context(6) 2:9;29:21;55:17 10:14,17,25
102:24 comment (6) 19:18:35:10,18; day (22) dinner (1)
certain (8) 22:1;26:9;32:4; 36:17.20;82:12 4:2;5:20;6:19;7:1. 45:2
6:12;18:24;20:24; 40:24;65:16;91:14 continue (2) 9;9:12;15:10:30:15, DIRECT (1)
31:19;32:4;45:10; commenting (1) 19:8,11 16:56:13:61:16; 2:5
46:22;59:12 17:14 continued (1) 64:10;65:7,15;66:12; disagreement (1)
certified (1) comments (2) 8:24 68:13:69:6,13,19; 104:12
3:11 22:20;90:25 continuous (1) 70:7;74:10;83:15 discovery (1)
chairs (2) commit (1) 97:10 days (6) 42:20
11:7;37:17 43:12 conversation (16) 29:18:30:9,24; discussion (4)
champagne (2) common (2) 18:9:41:17,23.24; 44:4,13:102:8 26:20:58:23:63:7;
14:17,19 54:16;98:3 45:5,8.11:48:25; Daytona (1) 67:4
chance (1) communicate (3) 57:13.25:59:14; 69:5 discussions (2)
103:14 16:13;36:12;80:13 62:25:85:23^5:89:7; deal (l ) 86:7:87:12
Kanabay Court Reporters - Serving the Tampa Bay Area (3) Cannella - discussions
May 23,2013
distance (1) duly (1) 27:11 13:24 2:3;5:20; 11:3,3;
6:12 2:3 even (19) family (2) 25:15:28:23:32:5;
distinction (1) during (15) 6:9;21:11:22:1; 61:4;68:19 48:9;5l:19;53:8;
20:10 19:11.25:24:17; 33:17;36:23;38:1; far (8) 68:15;69:2,2;92:7;
disturbing (1) 37:2.10;42:23;46:8; 62:1:63:22:64:13; 30:8;46:16;65:16; 96:6,20
31:25 52:6;80:12;81:23; 65:22:66:2,21:67:18; 68:21;69:22;70:21; five (17)
done (2) 82:8;84:3;87:12; 84:6,16;93:24;95:3, 71:3:85:10 2:16;3:17,I7;8:8;
50:22;59:6 91:25:103:4 7; 100:4 favor (1) 20:14;29:17;30:19;
door (5) duties (3) evening (11) 103:10 31:2,16;76:10,15;
31:16,67:23; 4:7,8,8 29:10;46:6;50:22;
52:7;65:3;70:8;
FBI (1)
101:14
77:22;84:5;93:22;
95:18:103:12,21
68:20;70:5;86:25
29:10;46:6;50:22;
52:7;65:3;70:8;
FBI (1)
101:14
77:22;84:5;93:22;
95:18:103:12,21
down (14) E 84:23;88:6;91:25;
100:14,23
federal (4)
27:24;3i:1620;
five-year (1)
2:24
7:20;15:1;23:14:
84:23;88:6;91:25;
100:14,23
federal (4)
27:24;3i:1620;
five-year (1)
2:24
37:20;40:17;51:5; earlier (11) eventually (1) 32:7 f i x( l )
67:12:69:20:72:12, 14:9:50:22:76:19; 50:20 feel (4) 56:22
15;74:25; 104:7; 78:3;85:18;92:6; everybody (1) 14:13:45:10,12; fixed (1)
105:1,5 94:18:97:18:100:9; 34:6 81:4 55:11
downstairs (1) 101:13,13 evoked (1) felt (5) Fly (17)
7:9 easily (I ) 29:25 7:21,24:31:9; 13:12,13,15,18,25;
downtown (7) 82:17 exact(3) 77:25:95:11 14:12,16:16:13;
7:25;67:16;74:22; eat (2) 29:21;70:2;88:1 Fernandez (3) 18:18; 19:23:20:25;
75:7,10;77:19,20 12:15;44:19 exactly (11) 73:20:74:9:95:15 29:14;32:17;34:18;
drink (18) effect(1) 16:21:40:3,9; few (10) 47:5;80:9;87:20
16:10:17:15:47:6; 20:21 49:23:59:14:66:16; 5:7;40:17;44:4; focus (1)
48:8,11:49:13:50:24; either (11) 72:3;73:15;76:4; 48:22;58:17;65:18; 81:10
51:7,8,14,18,19;54:4, 5:3;21:14;26:4; 79:21 ;97:7 76:16;97:5;103:11, focused (2)
7,8;60:4;72:2;82:I9 37:22;58:24;62:13; EXAMINATION (1) 13 83:6;86:22
drinking (19) 81:22;84:23;88:5; 2:5 Fifth (4) follow (5)
I7:4,13,19;18:6; 92:1; 103:3 examined (1) 29:25:30:10,14.16 10:25;20:10;64:4,
22:7;46:16,19;49:12. Either/or (1) 2:3 figure (1) 10;105:4
14:51:5:52:6.16; 24:15 exchange (1) 32:3 follows (1)
54:6,18;67:19;75:13; Ellis (10) 18:22 file (1) 2:4
85:10,16:86:8 15:9;40:16,24; exclusively (1) 44:8 follow-up (1)
drinks (8) 45:6,8,19:47:19; 79:3 f i l l ( l ) 87:24
23:3:46:21;48:6, 50:17,23,24 excuse (3) 79:6 food (3)
15;51:10,21;53:14; else (19) 93:16:100:21; Filthaut (34) 42:3,4;45:3
81:5 4:18;19:25;20:4; 101:6 79:22,24:81:23; force (1)
drive (17) 28:22:29:1;46:8; ex-husband (3) 84:3,11,12,23;85:8, 9:19
13:13:32:16,19; 51:13,24;52:6,14; 65:6,23:66:10 13;86:18;87:13;88:6, forever (1)
58:24;60:5;6I:9; 53:12;55:20;65:4; experience (1) 16,17,18,19.20,22, 102:5
63:8,16;67:5;69:18; 72:14;79:4;91:15; 3:6 23,24,25:89:1.2,3,4, forget (1)
75:24;79:19;87:21; 92:10,14:93:8 explaining (1) 11,15,17;90:3;96:19. 102:12
104:13,19,22:105:10 else's (1) 32:11 21,22; 103:4; 106:5 forgot (2)
driver's (3) 63:24 explanation (1) finally (1) 78:23:102:7
55:4;68:1;70:10 e-mailed (1) 76:25 43:25 forth (3)
driveway (1) 9:15 extended (3) find (6) 9:15;63:4;89:7
68:21 employed (2) 53:24,25;54:19 7:2;20:16;36:1; found (4)
driving (9) 2:12,14 extent (1) 56:18,20:74:21 55:13:56:15,16,23
18:18;54:25; employee (1) 5:14 fine (2)
23:14;76:13
four (3)
49:13;93:20;96:1
57:12;76:1,3;105:4, 78:7
fine (2)
23:14;76:13
four (3)
49:13;93:20;96:1
12,22;106:6 end (2) F fingers (1)
83:11
frame (15)
19:12,22:24:17;
drove (6) 16:2;54:11
fingers (1)
83:11
frame (15)
19:12,22:24:17;
10:3,5;71:15;73:1; ended (1) facilitated (1) finish (1) 37:2.10;42:23;43:7;
76:5.6 37:23 64:9 86:16 47:6.22:80:12;81:24;
drunk (7) engaging (2) fact (6) fired(1) 93:6;95:7,9; 103:4
54:10;68:8;73:9; 4I:23;48:24 30:24;36:7,10; 43:10 Friday (1)
83:13,14,20:105:11 enough (1) 42:4;55:7;91:3 firm (9) 69:9
DUI (16) 17:18 facts (1) 2:22;3:7,9;26:2,2; friend (4)
17:2,9,13,18; entire (1) 30:16 77:21 ;81:9;86:23; 7:8;8:l 4;74:22,24
26:I4;27:16,23;28:4, 13:8 fair (5) 87:23 friends (4)
6;39:2,10;54:23; entrance (1) 24:17;79:2; firms (1) 8:21,24;67:16;
79:20:90:23:91:4; 16:1 102:24;103:1,14 3:8 77:22
93:2 especially (1) familiar (1) first (16) front (6)
Kanabay Court Reporters - Serving the Tampa Bay Area (4) distance - front
May 23, 2013
16:11:48:8,12; 35:22 herein (1) influence (1) involving (1)
51:18,20;68:20 group (1) 2:3 29:10 87:24
full-time (1) 43:9 Here's (2) information (12) i sh(l )
64:22 guess (22) 62:23:100:17 18:4,5;21:7,10; 13:2
further (2) 4:15.16;5:23;22:7; high-profile (1) 22:14,15,16;27:12;
72:12,15 25:14;43:8;49:11; 17:3 36:11;38:15;57:3; J
Fykes (1) 50:11:54:11;55:17: history (1) 85:15
8:16 56:8,15:64:16:68:8, 25:19 informed (4) January (10)
13;69:9;74:8;75:22; hold (5) 31:22;56:25; 4:2:5:18,24:6:20, 13;69:9;74:8;75:22; hold (5) 31:22;56:25; 4:2:5:18,24:6:20,
G 82:16;90:11;99:5; 58:14,16;86:16,16; 82:11,11 23,25;7:7;9:12;55:5;
103:8 89:6 informing (1) 78:24 103:8 89:6 informing (1) 78:24
gain (2) guy( i )
holding (1) 94:3 Jay (5)
60:18:61:17 92:11 44:8 initial (1) 4:16:5:8:78:16,19,
game (2) guys (1) home (14) 19:12 21
80:18,25 50:13 64:14:65:2,18; inside (1) Jon (7)
games (1) guy's (1) 66:3,13,21;67:17; 37:15 40:16,24;45:6;
20:6 25:25 76:5,6,7:79:13;
103:20:104:22:105:4
insignificant (1)
26:8
48:23;50:17,24:51:6
Jonathan (2)
garage (1)
76:5,6,7:79:13;
103:20:104:22:105:4
insignificant (1)
26:8
48:23;50:17,24:51:6
Jonathan (2)
10:9 H honest (I )
7:16
insinuate (1)
38:11
15:9;47:19
Jr{3)
gated (1)
honest (I )
7:16
insinuate (1)
38:11
15:9;47:19
Jr{3)
62:6 half (3) hostess (1) insisting (1) 27:2:28:9;30:7
gave (4) 84:12,14;93:18 11:6 60:10 judge(2)
21:17:27:14; hand (5) hour (6) instead (1) 55:20;63:23
40:19:44:5 27:24,24:59:2,8; 9:9,16,16:12:20; 105:10 Judicial (3)
Gee (1) 71:1 54:15.19 instructions (1) 27:15;28:3,6
25:24 handle (1) hours (5) 23:17 jump (3)
general (8) 71:22 9:7:65:18:84:13; intention (1) 26:16;47:l;68:12
8:7;12:23;62:9,15; hands (1) 88:7,10 67:20 jumped (1)
63:2;82:24;84:6; 58:19 house (5) interested (4) 70:4
86:7 happen (1) 65:4:68:17:69:18, 36:12:91:9,10,11 jumping (1)
gentleman (1) 90:17 24;76:7 intermediate (1) 22:10
59:20 happened (16) huge(l) 27:10 June(l )
gets (1) 4:3;20:22;21:22; 95:9 interrupt (1) 2:10
70:9 30:9.15,19:39:16.21; hundreds (1) 40:10 junior (1)
gi rl (1) 40:1:43:11;54:20; 34:5 intimidation (1) 77:3
51:7 55:14:65:12:70:12; hung (2) 27:12 junky (2)
girlfriend (1) 83:3:90:18 77:23:96:10 into (11) 7:20;13:25
75:23 happening (3) hungry (1) 10:12:27:23:28:4,
K
given (3) 21:20;57:I5;93:3 39:24 4;38:6;43:4:58:13;
61:1:64:23:68:1;
K
24:24;43:1.3 happens (8)
4;38:6;43:4:58:13;
61:1:64:23:68:1;
giving (2) 13:15:21:1,3; I 81:6
intoxicated (10)
kamikaze (1)
49:21
33:13,21 32:14:45:4:57:11:
81:6
intoxicated (10)
kamikaze (1)
49:21
glass (10) 66:25:83:15 i ce(l ) 31:15:54:12,14; keep(l)
7:8;12:4; 14:17; happy (8) 46:19 58:25:59:1:63:8,16, 61:13
29:14;39:22;40:5,18: 9:7,9,16,16:38:11, idea (6) 23:67:5:98:13 kept(2)
41:5;46:18;52:13 19;54:15,19 2:20;8:7; 12:23; intoxication (1) 9:7;67:20
glasses (10) head (6) 28:13;53:3;79:2 82:15 keys (8)
12:8;29:12,I5; 83:1;87:5,15;94:5; ideal (1) investigate (2) 61:8,9,10.13:62:7,
35:19;52:9;53:4,7, 106:2,4 38:2 27:16;28:6 18,20,23
10.23:85:5 hear (4) immediately (3) investigating (1) kids (9)
goal-oriented (1) 27:17;63:3;71:25; 40:19;71:8;96:10 23:9 61:3:64:1,5,9.20,
87:22 102:25 implied (3) investigation (8) 21;68:19;69:3;
God( l ) heard (2) 22:21;27:7;33:14 27:22,23:28:4; 103:20
26:11 40:18:83:13 implying (1) 39:2,!0;90:24;91:1; kind (23)
goes (2) hearing (1) 23:10 93:2 6:22;7:3;10:13;
10:20;63:15 73:22 impounding (1) involve (1) 14:9,10;16:1;19:23;
good (3) held (1) 73:12 83:16 33:8:45:12:46:4;
25:4;54:9;71:9 26:20 impression (2) involved (9) 47:1;51:9,10;58:2;
governor (1) help (8) 21:17;105:3 4:11;5:2,21;6:22; 62:25;68:12;77:15;
27:14 31:8,10:35:1; incorrect (1) 22:11;27:19;46:1; 78:8;79:2,19;103:14;
grab(l ) 78:12,14;87:8,9,23 38:22 72:17:85:14 I04:I5;105:21
64:14 Helping (1) individuals (1) involvement (2) knew (7)
great (1) 80:4 28:2 5:6;48:19 6:5,7;17:8,9:75:9;
Kanabay Court Reporters - Serving the Tampa Bay Area (5) full-time-knew
May 23 , 20 13
77:20,24 8:25:10:17:12:22; looked (7) 15:16:20:8,21; mention (1)
knowing (2) 14:22; 15:1 ;18:11,13; 36:23;39:24;41:3; 38:15 104:21
17:18;51:17 27:1;28:9;33:5; 71:12;73:25;80:19; maybe (23) mentioned (4)
knowledge (2) 34:18:37:23,23; 95:25 4:4;5:13.13;6:17, 49:4;52:8;76:21;
39:5:89:22 46:10;47:5,12,17; looking (4) 18;13:2:15:16; 92:11
known (2) 57:22,22:58:17; 11:20;39:24;71:6, 19:23;21:6;35:24; menus (3)
48:23:73:18 60:18;61:11;64:15;
68:2,18;70:13,21;
11
looks (1)
43:10;47:2;55:2;
58:24;59:19;66:11;
39:23,23,25
message (2)
60:18;61:11;64:15;
68:2,18;70:13,21;
11
looks (1)
43:10;47:2;55:2;
58:24;59:19;66:11;
39:23,23,25
message (2)
L 76:9:79:10,12;87:20;
104:11
27:23
lost (1)
67:16;69:25;74:11;
75:6:85:5:97:19:
34:1;84:23
messages (14)
76:9:79:10,12;87:20;
104:11
27:23
lost (1)
67:16;69:25;74:11;
75:6:85:5:97:19:
34:1;84:23
messages (14)
lack (3) legal (5) 4:6 105:11 34:5,17:35:18;
3:2;59:19;77:3 2:13.17:3:2:4:7; lot (8) me-(l ) 36:17;37:1;81:18,18;
ladies (1) 25:4 18:18;36:2;45:6,7; 34:9 82:13:83:7:87:3;
41:5 less (2) 61:21;87:1;89:7; meal (l ) 88:9:90:1; 102:1,5
lane (4) 43:10;88:7 101:10 44:20 met (1)
70:20.21,22:71:3 level (2) LOUGHERY (12) mean (109) 9:7
lanes (1) I0:20;63:21 2:6:26:7,18,21,24; 3:24;4:21;5:3;6:3, middle (5)
71:3 license (9) 27:21:28:8,10:42:22; 11;7:7;8:4;9:6,19; 17:1:70:20,22,22;
large (2) 55:4,7,14;56:8,10, 76:18;104:1;I06:8 11:22; 12:24; 14:6: 98:23
25:19:33:14 13,23:57:7:73:9 15:25; 18:6,24; 19:5, might (9)
last (4) life (3)
30:22;34:6;35:21
M 7;20:11;21:3;23:18,
25:24:6:25:12,16,22,
47:4,51:10,16;
53:4;54:15,18;87:24;
46:12;55:22;
life (3)
30:22;34:6;35:21
7;20:11;21:3;23:18,
25:24:6:25:12,16,22,
47:4,51:10,16;
53:4;54:15,18;87:24;
66:18:75:1 light (1) mail (1) 23;34:8;35:8;36:1: 103:12,13
late(2) 70:23 96:1 38:1,16,18,19:40:10: miles (1)
58:1,2 light-hearted (1) making (3) 41:22:42:2,7,10,24, 69:25
later(11) 26:9 19:5:87:15:93:8 25:43:13:44:1.5; mind (3)
30:24:31:2:40:16; lights (1) male (2) 45:5,6,18:46:19,22; 24:I0;94:12;95:5
45:24:55:13,17: 71:5 40:22,23 47:10;48:8,21;49:12, Mine (3)
56:15;87:12;89:14; likely (I ) Malio's (68) 12:50:2:51:2.4; 9:19,21:74:22
102:8,25 65:24 7:7,15;8:1.9;9:13, 53:22:54:1:57:13.13: minor (1)
laughed (1) lines (2) 17;10:12;13:7,9; 58:7;61:5,14;62:9, 105:7
90:17 17:14:51:24 14:1.9,22.23:16:14, 11,13;63:18,18.24; minute (5)
laughing (2) liquor (2) 18,22:18:13,23; 65:16,20;68:4,8; 76:21:84:12,14;
26:10,14 46:18:54:9 19:23:23:17:24:13; 69:25;73:6.7;74:3; 93:18:97:1
law (2) little (9) 28:12,22:31:10; 75:21:77:21,25; minutes (20)
3:6:87:23 6:18;13:2;62:9; 32:15,21;34:2,19; 78:10,12:80:4,16; 12:20:40:3:58:17;
lawsuit (1) 65:21;66:13;70:4; 36:13;37:12;38:14; 82:24;84:16,24,25; 76:10,15,16;89:12,
3:15 71:15:80:8:82:23 39:13;44:1;47:4,11; 86:2,20;90:23;92:21; 14;93:20,22;95:5,16,
lawyer (3) live (5) 48:5,9;53:4.17; 93:23,23:94:6,6,7,7, 18,20:96:9,13;
2:21;76:22;91:12 64:22;67:16; 57:10;58:13,67:9; 9,21,21:95:3:98:13; 103:11,12,17,21
lawyers (3) 69:22; 104:25; 105:5 70:8.13:80:10,13; 101:23;102:2,3,4; mirror (2)
4:11,15:77:11 lived (5) 81:24:82:9:83:24,24; 103:18;105:24 71:11,25
leading (1) 74:22; 75:10; 84:13;85:11;87:8,21, meant (3) missed (2)
19:23 77:19,20:104:7 22,23;88:2;89:16; 17:22;76:19; 104:3 21:13:84:17
leads (1) lives (2) 90:4,4,6;91:18;92:7; media (1) mistrial (1)
57:12 9:8;75:7 94:20; 100:14,24: 74:1 29:20
learned (1) living (1) 103:5; 104:4 meet (7) MJ(1)
40:16 65:4 man (1) 13:18:67:10.13.15, 3:15
least (8) lobby (1) 37:18 21;68:19;69:20 MJ-Bubba(l)
22:20;46:22; 58:14 manifested (1) MELISSA (7) 77:10
48:14;51:21;53:6,21. location (1) 87:12 2:2,8;22:3;93:15: Mm-hmm (24)
22:64:20 8:10 many (11) 95:23,25:106:10 5:9,15;10:19;11:9;
leave (14) locations (1) 8:3;12:8;23:3; memory (18) 13:10:15:3,6; 16:23;
13:9;16:12;47:11, 13:5 34:16;40:3;46:21; 30:8;31:23;32:13; 21:21;22:22;23:4;
15,19:60:14,15,17, locked (1) 53:3,3,20;81:5;102:6 35:20,22;36:2;38:6; 40:20:42:5:48:13;
25,25;61:5;62:21; 62:6 matter (4) 52:24;61:21;82:14, 49:3;51:23;66:23;
65:17;79:9 long (6) 3:6;41:6;72:3; 19,23:83:12:84:22; 68:6,22;70:11,19,24;
leaving (5) 2:14;12:18;40:4; 73:14 86:7:88:8; 100:19; 72:9;I01:15
47:20:58:4,5,9; 55:9;95:8; 106:11 mattered (1) 103:2 moment (7)
68:18 look (9) 62:13 memory's (1) 26:23;30:22;
ledge (1) 11:7,23:20:2; matters (1) 31:14 31:18;58:15;82:17;
11:16 25:24;27:22;31:11; 28:5 men (1) 89:19:94:12
left (32) 43:19;97:18;105:8 May (4) 7:20 money (6)
(6) knowing - money
May 23, 2013
33:4,8,14,15,22; need(17) numerous (1) 53:8;66:12;70:22; 25:3,5:32:19;39:5;
62:22 21:9;23:11,18,20; 85:24 74:24;76:9;77:1,10;
78:3:98:8,9,12;
61:20;76:l;80:19
months (8) 26:23;60:6,16;63:25;
o
74:24;76:9;77:1,10;
78:3:98:8,9,12;
20:14,14;29:17; 66:19:67:5,11,11; o 101:24:104:4
ones (3)
P
30:19;31:2,16;56:5; 70:25:71:2;75:12,12;
101:24:104:4
ones (3)
84:5 78:12 oath (1) 5I:17;89:18;92:5 packed (1)
more (26) needed (12) 87:25 One-sided (1) 7:10
7:19:13:25;14:10, 21:5.7:23:13; oblivious (2) 89:9 pages (1)
13;18:21.24;19:3; 56:21;60:10;64:10, 68:8;70:6 ongoing (1) 97:5
29:12;40:21,22; 12,12,15;69:18; obvious (1) 23:23 paid (4)
48:14;50:7;51:8; 77:18;79:4 90:23 only (11) 44:21:50:4,6,9
52:21;53:3,7,7,25; needing (2) Obviously (14) 8:13;32:11;37:23; paralegal (4)
54:2;58:1;65:24; 90:3,6 7:1;11:2,8;21:22; 48:5:49:6.8,13,16; 3:3,8,9,11
97:5;102:23;103:12, neighbor (1) 23:8;31:24;34:8; 54:1;74:10;89:18 parameter (1)
13; 104:2 87:1 35:20;53:23;67:19; onto (2) 48:3
morning (13) new (2) 78:16;86:22;89:5; 44:8;70:15 parents (1)
31:17;50:15;61:4; 37:7:101:19 98:15 open (1) 69:14
64:2:66:21:98:4,10, newer (1) occurred (3) 37:17 parents' (1)
18,19,25:100:2; 101:24 7:1;29:19;30:I6 opened (3) 69:18
101:13,14 news (5) occurring (2) 39:16;61:16;67:23 park (10)
mostly (1) 17:11;25:20; 18:11,17 opens(1) 10:8:32:21,24;
63:2 86:13,14,17 occurs (1) 70:5 33:7,8,24:58:15;
motion (1) next (23) 41:21 opposed (1) 61:23:62:1,10
29:19 37:24;38:3.19; odd (1) 20:21 parked (2)
Motroni (15) 39:16,18:46:17; 40:6 opposing (1) 37:13;62:5
4:16;44:10;75:9; 57:14,17,20:61:16; off (13) 6:7 parking (2)
76:21 ;79:12;92:11, 64:10:68:13:69:19; 21:8:26:18,20; order (6) 10:9:18:18
16;93:4,6,9;95:13; 70:7:83:14,17:86:25; 27:5,6,11:32:5:69:6, 12:4,15:14:17: parks (1)
96:4,5,8:105:21 88:3:97:14,16:98:17. 13:71:7:79:9,10.12 40:18;42:4;49:24 61:21
mouth (1) 18,19 offer (4) ordered (5) part (3)
65:25 nice (1) 24:2;35:1;38:I4; 40:7;44:18:49:23; 4:20; 14:8:28:5
move (5) 13:22 104:19 51:21:52:12 particular (9)
13:4:37:20:67:11, nicer (2) offered (12) ordering (2) 2:21;6:19;7:4;
12,21 7:24.25 21:4,4:23:11:24:7: 42:3,11 9:12;13:17;47:25;
moved (1) night (23) 25:9;28:14,17;31:7; ordinary (1) 54:3,4:77:7
37:22 17:6;31:15;45:22. 34:19;36:7;50:12; 45:15 particularly (2)
moving (2) 25;52:16;54:4.11.14; 87:8 original (1) 77:6;80:6
37:23;71:1 57:1,2,7;64:7,8,20: offering (3) 54:13 partner (5)
mozzarella (3) 65:6;72:21;86:18; 22:11;36:11;83:23 out (50) 45:20;77:5,7;
44:14,20,20 87:2;92:5;98:23; offhand (1) 5:21;7:2;9:9,14; 79:25;80:2
much (11) 99:8,15:102:1 75:1 Il:20;16:18;20:16; partners (1)
33:9,17;42:8;51:3; nobody (1) office (2) 25:25;27:12;32:3; 78:3
53:24,25:54:4,7,10; 25:6 6:16;42:19 36:I;45:15;54:6,14, parts (1)
60:4:67:19 Nods (1) officer (7) 15,19;55:13;56:15, 87:2
multiple (1) 106:4 56:25:71:25; 18,20,23:58:6,13,16. pass (1)
5:16 none (7) 72:10,17:73:4,8,16 19,19:59:2,8:61:4; 99:11
myself (4) 38:8;53:11;82:20, offices (1) 65:10;66:4;68:2,14, passenger (4)
54:1;55:16;66:5, 25;99:24,24; 102:19 3:6 20;69:4;70:13;71:18, 67:23;70:5,9;76:3
14 noon (2)
68:13;98:20
often (1) 19,19.24;73:6;74:15; past (3) noon (2)
68:13;98:20 13:22 77:2323;79:18;83:1, 42:17,17:78:21
noon (2)
68:13;98:20 13:22 77:2323;79:18;83:1, 42:17,17:78:21
N normal (6) oftentimes (1) 2;87:5;92:25;99:I1 patrons (1)
7:9,17:45:7,16,18; 13:20 outside (4) 40:23 7:9,17:45:7,16,18; 13:20 outside (4) 40:23
name (6) 46:8 old (6) 14:21;58:18; pay (7)
2:7:41:5:46:11,12; normally (3) 3:9;64:25;65:17, 104:11,23 12:13:33:22;
57:8;75:1 13:22;29:15;65:25 18,20;101:20 over (16) 40:21,22;62:17,17;
narcotics (1) Norman (3) once(l) 11:23;12:6;47:13; 68:11
29:10 27:2;28:9;30:6 10:16 48:1;67:23;71:3; paying (3)
near (1) notes(1) one (35) 82:18;89:13:92:22; 33:4:83:4,7
16:2 103:14 4:11;5:8;6:7;7:16; 93:6,17.21 ;94:9; people (11)
nearby (1) noticed (1) 8:13:11:16,16; 18:22, 95:16;96:13;104:15 7:20;20:18;35:1,8,
75:10 16:18 25;19:5;44:5,23; overprotective (1) 9;41:25;49:12:50:7;
necessarily (2) number (1) 49:6,9,14,17,18,19, 65:21 76:20;86:23;97:17
34:16;62:5 101:17 19.25:50:13:51:16; own (7) period (5)
Kanabay Court Reporters - Serving the Tampa Bay Area (7) months - period
May 23, 2013
2:25;40:4;53:25; 5:5,8;9:6;13:11; 44:1 93:8,15,20:100:13 81:18,25;82:10,12,
55:9:56:18 15:4;21:13:31:13; provided (3) receipt (10) 12,21:83:8,15,20,23.
perpetrated (1) 38:8;47:20;48:22; 42:15.16,19 42:7,11,13,14,15, 23,24;84:4,6,9,15,24',
28:7 58:8,22:59:1:63:1; pull (1) I8;43:3,19,21;50:4 25;85:1,7,12,17,18,
personally (1) 67:2,15,18,22;71:15; 70:13 received (3) 23,25:86:9,11,12,24;
43:1 72:13:75:10:83:4; pulled (11) 20:3;42:18,25 87:1,2,3,4,4;88:1;
PERSONIUS (2) 95:1; 105:7 47:13;48:1;60:3; recess (2) 90:8:92:8,8,17;
2:2,8 pointed (1) 68:2;82:18;89:13; 76:17:103:24 93:13,19,23,24;
Phil (49) 83:1 92:22:93:6,17,21; reckless (2) 96:18:97:2,3,6,10,12,
5:19,25:6:23: points (4) 94:9 54:25; 106:6 17,19,22:98:2,18,22.
14:23:15:7:16:14,19. 55:14;56:1.5; pulls (1) recognize (2) 22;99:13; 100:22;
22;17:17;21:1; 82:23 95:15 6:10; 15:7 102:25; 103:6; 105:2,
25:16:28:7,23;34:21; police (7) purpose (1) recognized (3) 22,24
36:3,6:37:24:38:15; 21:7.9,25:22:10; 39:1 6:11;28:23;74:17 remembered (1)
39:13,18:41:2:48:23; 82:8:85:14,15 purse (1) recollection (5) 82:17
50:14.14,20,25:51:4; position (1) 58:19 5:7;16:20;17:25; remembering (1)
53:8,13;57:I2;63:3, 11:21 put (8) 22:17;89:22 29:16
16,21;70:5:72:5; positive (2) 35:24;44:15:47:6; recollections (1) Repeat (1)
73:5;80:8;81:5,24; 5:10;43:18 53:9:56:8:62:12; 100:3 57:16
85:10:86:7:87:10,24; possible (2) 65:24:103:14 record (7)
26:18,20:27:5,6.9,
rephrase (2)
9:2; 13:16
88:3:91:9,10:92:2; 27:24;90:12
record (7)
26:18,20:27:5,6.9,
rephrase (2)
9:2; 13:16
94:22,23 Possibly (5)
Q
1I;91:15 reports (1)
phone (21) 19:21:24:18; records (9) 74:1
20:12;34:3;36:22, 67:14; 100:5; 102:2 quick (1) 20:12:34:3,9; represent(1)
23;84:23;89:10;90:3. prepared (1) 95:11 36:22,23:80:16,20; 106:5
6:92:12:93:8,22; 88:13 quote (1) 95:12;97:19 representing (1)
98:22:100:1:101:14, pretty (7) 41:12 refer (1)
15:11
28:2
requested (1)
16,17,17.19.20; 16:24;30:21;42:8;
refer (1)
15:11
28:2
requested (1)
102:8,16 54:12:58:2;65:20;
82:19
R reference (3)
19:19:21:1:92:2
5:13
response (5)
phones (1)
54:12:58:2;65:20;
82:19
reference (3)
19:19:21:1:92:2
5:13
response (5)
101:18 prevent(1) ran (1) Regarding (6) 17:23:18:25;
pick (6) 29:16 57:4 19:4;21:3;23:2; 24:21,23:74:19
66:5,12:75:14; previous (2) read(l ) 37:8;50:24;104:13 responsible (1)
76:7:77:18:95:4 17:2;54:23 44:12 regards (I ) 77:24
picked (4) previously (4) ready (2) 57:11 rest(l )
65:7;73:25;79:12; 3:9:8:18:53:24; 90:13,14 registered (1) 62:11
92:16 106:5 realizing (1) 73:10 restaurant (1)
picking (2) primarily (2) 21:20 relation (1) 75:3
93:5,6 2:23;78:6 really (10) 82:4 restaurants (1)
pickup (1) prior (7) 4:11;5:3;11:22; remain (1). 74:25
105:25 6:23:17:9,18; 26:1,8:34:20:44:17; 8:24 retrieve (1)
picturing (1) 41:18;47:20;63:10; 78:12;81:9;89:18 remaining (1) 59:9
24:10 93:4 rear (1) 58:4 returned (1)
place (6) probably (7) 71:11 remedy (2) 27:1
13:20,22:25:16: 12:24;51:20;52:9; reason (15) 31:23,24 ride (2)
27:25; 104:25; 105:9 53:21:54:9:89:15; 13:17; 14:8:26:4; remember (141) 74:21:75:12
plan (2) 96:1 28:17;30:2;36:25; 4:18;7:12;12:12; right (145)
38:3,7 problem (2) 38:13;39:12;54:3; 15:24;16:4;18:2,9; 3:16,18:4:7:5:4;
play (3) 31:23;61:18 77:17;87:23;90:2.5, 20:8,15,20,22:22:19; 6:19;7:18;8:12;10:6,
20:6;80:18;94:5 problems (1) 9; 102:7 23:10:24:9,23:30:11, 15,182K22;11:5,10,
playing (1) 22:4 reasons (3) 12,18.20;31:3,4,14, 18; 12:18,21; 13:3,9;
80:25 professional (4) 30:11,12:34:20 18:33:3,4,9,17:34:4, 14:14,22;15:16.18,
pleading (1) 7:19;14:II,12; recall (47) 8,17,20:35:10,17,21; 23;16:12;17:23;19:2,
30:14 23:9 15:15:16:3,7,8,21; 36:15,16:37:11;40:3; 22;22:5,9;23:7,14;
Please (4) prompts (1) 17:16;19:3,16:20:1. 41:22:42:6.10:45:5, 24:3,5:26:17;28:15;
2:7:41:5:75:14; 85:9 2,3,5,7;24:6;25:7; 6;46:21;47:10,17; 29:6,7,19,2325;
93:11 pronouncing (1) 28:19;29:7,21;33:1, 48:21;49:1;50:2,16; 34:19,21,23:35:24;
pled (1) 79:22 11,21:34:25:35:18; 51:3,4;53:6,14;57:9. 36:8;37:24;38:23;
54:25 propensity (1) 37:9;44:13;46:7,12, 25;58:7;59:5;60:2; 39:13,16:40:13,15;
p(3) 17:14 I6;48:5;51:2,25; 63:13,19;65:11,13, 41:20;42:21;43:6;
7:13; 100:20; prosecution (1) 57:8;63:21;81:14,22; 22;68:8;69:12,15; 46:1,3,15:48:6,18;
106:12 27:25 82:10;85:8,13;86:6; 70:6;71:1,5;72:3,5, 49:2023;51:12;52:2,
point (24) provide (1) 91:25:92:4,10,14; 16,18:73:7,8,14.16; 4,10;54:23,25;55:5;
Kanabay Court Reporters - Serving the Tampa Bay Area (8) perpetrated - right
May 23,2013
56:3,6,9,13,19; 16:50:16:54:11; Sergeant (3) 98:14 spoke (12)
57:10;59:18,21,23; 58:25;60:4,22,22,24; 73:20;74:9;95:15 slowing (1) 6:8;41:4;42:2;
60:1,3,22;62:16,25; 62:8;63:15,25;64:10; serious (2) 51:5 60:12;84:11;93:17;
63:1,6,18,20;64:2,11, 67:20;71:6;72:5; 81:2:94:10 small (2) 95:19,21;96:9,11,12;
17;65:20;66:7,17,22; 82:21;83:8,8;87:11; serve (1) 41:24;87:4 97:1
67:8,9;68:3,15;69:1; 88:9;94:25;105:4 11:4 sober (7) spot(1)
70:3,21:71:3,14; scared (1) Shakes (1) 60:9:67:11.14,17; 70:3
72:l;74:13,15,16,19; 94:10 106:2 73:11;75:12;104:15 stairs (2)
75:17;76:8,22;77:15, scenario (1) shock (1) sobriety (1) 11:11;15:1
16:78:2,3,15,19; 54:13 88:10 63:21 start (2)
79:17;80:12;83:22; scene (1) shocked (3) sole (1) 7:6; 12:7
86:22;87:25;88:3; 13:24 17:18;88:13;89:23 38:25 started (3)
90:10;91:5;93:4,16; schedule (1) shocking (5) somebody (5) 7:5:8:20:71:17
94:3,19;95:4;98:3; 66:11 16:24,25;25:18,20; 13:18;75:20; state (3)
100:9,19;101:14; scheduled (1) 83:2 77:18,18:79:4 2:7:27:20,20
102:15,17;103:22; 5:13 shocks (1) somehow (2) statement (2)
104:2,8,16,17,24,25; school (3) 68:9 22:11:38:11 31:19:106:12
105:19;106:3 65:7;66:5;69:7 shortly (1) someone (8) statewide (1)
road(l ) Schumaker (2) 100:15 25:10.10:63:23; 37:6
69:21 42:24;43:9 shot (14) 67:17;71:7;73:4; station (1)
Rob (19) Schumaker's (1) 48:15,18,20:49:2. 77:24;82:7 105:25
4:10;5:2;16:20: 42:19 6,9,18,19;50:19,19, someplace (2) stay (3)
17:19:18:17,22:22:6; seafood (2) 21;51:22;52:3;53:2 64:2:104:19 64:5:65: !0;66:12
24:4,13;36:3;37:2; 44:18,19 shots (7) sometime (6) stayed (1)
78:6;79:3;80:10; seat(l) 49:6,13,25;50:6,7, 9:24:10:1:12:24; 106:3
93:21;94:7;95:I8,21; 68:24 9:52:14 18:19;68:18;91:19 staying (1)
103:4 seated (3) show (3) sometimes (2) 34:25
Robert (1) 10:23; 12:3; 13:3 34:9;75:20;80:16 4:6;77:2 Stephen (8)
2:23 seats(4) showed (3) somewhere (6) 4:20;20:4;78:2,17;
Rob's (1) 37:23:39:16; 43:24:44:3:50:4 7:13,24.24:47:8; 84:3;100:14;101:5;
22:25 40:13,17 side (7) 67:12:77:21 103:3
Ron (1) second (13) 10:24,25:11:11; soon (3) stick (3)
84:2 4:4:5:5:26:16.19; 15:2;68:2;70:9,10 29:21;43:15,17 3:19;8:5;12:22
room (5) 28:21;38:24;47:12; sides (1) Sorry (16) sticks (1)
6:13; 11:8:27:1; 52:9:53:5,17.25; 11:13 14:19;41:3;49:19; 44:14
28:9,46:10 80:13;87:6 sight (1) 57:16;70:4;74:7; still (15)
running (1) seconds (13) 92:25 78:23:79:9:86:24: 16:5;18:12;19:19;
94:11 84:11,18:88:22;
93:17;95:14,22;96:1,
simple (1)
19:10
87:16:93:16:95:25;
97:9;99:17; 100:23;
21:6;23:22;40:4,6,
ll;42:13,24;68:9;
84:11,18:88:22;
93:17;95:14,22;96:1,
simple (1)
19:10
87:16:93:16:95:25;
97:9;99:17; 100:23;
21:6;23:22;40:4,6,
ll;42:13,24;68:9;
S 3,8,11,25:97:12.14
seeing (6)
simply (1)
74:8
106:10
sound (1)
72:1:101:22,23;
105:9
3,8,11,25:97:12.14
seeing (6)
simply (1)
74:8
106:10
sound (1)
72:1:101:22,23;
105:9
safe(l ) 6:16,17:17:7,17; sister (2) 3:18 stood (1)
77:25 71:5:72:18 69:14,20 Southern (4) 87:5
Same (10) seemed (1) sit (7) 49:21,21,25:52:3 stool(1)
12:11:14:3:44:23: 95:5 11:22:14:21; speak (3) 15:25
57:22,23:86:25; seems (1) 37:2l;38:3,19;81:6; 26:23;38:4;84:14 stools (1)
94:17:101:16,17,17 27:8 88:2 speaking (2) 37:17
sat(3) segment (2) sitting (18) 45:6;93:21 stop (1)
7:10; 10:13:39:18 51:15,15 4:21;11:13:15:8, special (3) 98:21
save (1) seized (1) 24; 16:9,10,11;40:17; 27:15.15:28:5 stopped (4)
102:5 101:14 41:25:57:14,17,20: specific (11) 71:16,17:75:11;
saw (23) semi-circle (1) 77:14;83:17;92:24, 18:2,9;22:19;34:8; 91:11
6:12;15:22;18:4; 16:1 24;95:8,17 36:16:41:12:59:5; straight (2)
25:I6;26:10;36:3; senior(1) situation (4) 81:14;82:19,24;84:4 11:3;67:18
43:21;48:9;51:13,18, 77:2 4:1:13:21:19:24; specifically (12) street (7)
19;69:2;70:7;71:11, sense (3) 42:17 18:2;34:4;35:10; 7:21;23:14;67:12;
12;73:21;74:11,11, 59:7;63:15;87:15 situations (1) 41:22;46:12;53:6; 70:15; 104:7; 105:1,5
12,14,16;92:6;98:20 separate (3) 6:22 63:13;81:19,21,25; strike (1)
saying (38) 10:6;58:5,10 six (1) 84:25;88:5 104:20
10:25;14:4,8;20:8, separated (1) 20:14 specifics (10) stuff (10)
21:21:16;22:5;24:20, 37:18 Sixth (2) 8:5;21:19;44:15; 4:3;57:4;61:5;
21:30:18:31:2,4; sequence (3) 27:15;28:3 51:2;69:15;82:3; 63:4;64:24;72:23;
32:9;43:16;49:8,9. 59:5;63:14;95:2 sleep (1) 83:6;85:18,20:86:2 74:20;79:19,20;
Kanabay Court Reporters - Serving the Tampa Bay Area (9) road - stuff
May 23 , 20 13
89:24 tend (1) 17,25,25:55:9:56:18; 12:22:20:6,16;25:2, 10:14,14:11:14;
subpoenaed (1) 54:8 57:22,23:61:16; 4;35:24;36:1;51:15; 13:8
102:13 term (1) 62:19;63:22;66:14; 65:14;74:21;75:7; Urban (1)
suddenly (2) 86:2 68:15;69:2,12;78:24; 81:9;92:14;93:13: 75:4
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suggest (1) 35:25 83:15;84:3;85:4; turn (2) 51:8
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suggestion (3) 2:4;29:23;73:22 95:9:96:6,15,20; turned (4) 13:25;48:3;86:2
9:22,23:98:6 testify (1) 98:17;99:4,5,6; 5:21;71:4,8,9 used (4)
supposed (3) 74:12 100:4;102:25; 103:4, turns (1) 8:18;17:7;38:17;
31:11,12:55:25 testifying (2) 15; 105:3 70:13 44:23
sure (15) 30:10:62:4 times (7) TV(1) useful(1)
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6;24:14;26:25; 17:21,22:22:6; 85:24;90:7 two (32) using (1)
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25:25:45:9:97:15 24:19;81:22; 25:2:30:6,11,20, 41:25:43:11;46:23; utilized (1)
suspended (7) 83:10,14;85:9;86:13; 21;62:4 48:6,14;49:13;50:6, 26:3
55:4,7:56:10,13, 100:17,18 together (6) 7,9;51:21;53:6,22,
1624;73:10 texts (7) 9:8,13;10:12; 23;58:23;71:3; V
SUV( l ) 18:10:19:6,14; 37:21;58:4;103:14 89:14;95:5,19;96:13;
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swerved (1) thereafter (1) 16:20:24:4.5:27:4; type (11) 32:23,24;33:2,4,8,
71:3 100:15 35:25;36:16;50:13; 4:1:17:6:33:15: 9,15,22,24:58:18,20;
sworn (2) thinking (2) 51:12:55:6:60:12; 44:17,18,20:46:18; 59:3:60:13:61:13,21,
2:1,3 67:15,18 75:11:82:18:83:2; 49:17,18,19,19 23:62:17,20:63:1.3,
Sykes(l) third (1) 85:24:86:3:87:7.25: typical (3) 10,12:89:16
8:10 4:6 97:3:101:12,13; 23:5:40:21:54:6 valeted (1)
though (2) 104:6,6 typically (3) 58:16 though (2) 104:6,6 typically (3) 58:16
T 60:16;65:22 tonight (3) 11:2;49:10;65:19 Vanessa (24)
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table (2) threats (2) 57:3:58:18,19,20; ultimately (2) 37:13;39:19;44:18;
7:10;11:19 27:6,7 59:3,15;66:21;75:23; 47:12:57:12 47:15:50:11;93:16,
tables (2) three (11) 106:10 uncommon (2) 24;95:17.24,25;97:1;
11:17,23 29:15:35:19; totality (1) 9:10:54:16 100:1
talk (16) 46:25;49:13;52:9; 51:10 under (2) vehicle (1)
5:18:6:25:9:3; 53:22;85:5;88:7,10: touched (2) 29:9;87:25 59:9
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4 !:24;45:18,18:46:8; throughout (1) towards (2) 34:16:79:3 71:11
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talked (10) 83:11 61:4:68:20:69:4 up (52) 37:1;84:18;88:5,15,
7:3;46:14;52:14; ticket (7) trial (10) 9:7,8:11:10,22; 21;90:1,1;92:1;96:1
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talking (18) tickets (1) 77:10:83:19 49:1;54:14;60:3,9; voluntarily (1)
8:9:12:7; 19:22; 56:7 trick ( l j 62:11;63:10,11,11, 102:13
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76:7 37:2,10;40:2,4,17; try (3) 101:24 waiting (2)
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85:13;90:18;94:23 22;48:4;52:8,9;53:5, 3:19;8:5;9:25; upstairs (4) 10:17;11:7;58:16;
Kanabay Court Reporters - Serving the Tampa Bay Area (10) subpoenaed - walk
May 23,2013
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8,10,17 11,23;54:8;85:6 16;55:16;77:22
walked (8) wines (3) yesterday (1)
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watch (2) 27:1:42:21
65:23:103:15 woman (1)
water (3) 37:18
40:18,25:76:11 women (1)
way (17) 40:22
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42:23;45:10,12:54:2; 3:3:22:19:38:17;
62:13;65:12;87:14 50:18;59:20;77:4
wavs (2) wording (1)
5*8:5.10 87:15
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54:14 13:25:16:21;
week (3) 27:11;65:24;72:3;
4:4:43:10,11 73:15;88:1
weeks (1) work (20)
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What's (5) 78:21
2:9.11:67:25; working (5)
81:12:83:4 3:6:5:8:8:19;
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5:23 work-related (1)
when's (1) 37:8
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wherever (1) 74:24;77:8,9
64:14 workwise ( I )
whi z( l ) 78:9
25:24 wound (1)
whole (7) 75:25
2:18:13:4:21:13; Wow( l )
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who's (3) write (1)
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wi nd (1) wrong (2)
54:14 3:14;99:9
window (3)
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windows (2)
H:17;68:23 yawning (1)
wine (23) 81:5
7:8;12:4,8;29:13, year(l )
14,15:35:19:40:5,25; 4:2
41:15,20:45:2:52:9. years (7)
(11) walked-Zero
1
I N THE CI RCUI T COURT FOR PINELLAS COUNTY, FLORIDA
I N RE:
/
STATEMENT OF:
DATE:
PLACE:
REPORTED BY:
APPEARANCES:
VANESSA FYKES.
Marc h 5, 2013, 10:05 a.m.
Hi l l s b o r o u g h County Co u r th o u s e
N o tar y Pu b l i c ,
State o f F l o r i d a at l ar g e .
A s s i s t a n t S t at e Atto r ne ys
Atto r neys fo r S t at e o f F l o r i d a .
ALSO PRESENT:
I n v e s t i g at o r R i c k Har t
Kanabay Court Reporters - Servi ng the Tampa Bay Area
Pi nellas 727 821-3320; Hi llsborough 813 224-9500
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(The wi t n e s s was sworn.)
THE WITNESS: I do.
VANESSA FYKES,
th e wi t n e s s h e r e i n , b e i ng f i r s t d u l y sworn, was exami ned
and t e s t i f i e d as fo l l o ws :
EXAMINATION
BY MR. LOUGHERY:
Q Ma'am, would yo u pl e as e s t a t e yo u r name?
A Vanes s a Fyk es .
Q W i l l you s pe l l yo u r l a s t name fo r th e c o u r t
r epo r ter * / pl e as e ?
A F-Y-K-E-S.
Q And wh at's yo u r d ate o f b i r t h ?
A 2-4-84.
Q What's yo u r o c c u pati o n?
A I work at th e s t a t e at t o r n e y's o f f i c e --
Q How l o ng --
A -- as a c l e r k .
Q As a c l e r k ?
How l o ng hav e yo u worked, th e r e ?
A Ov er a ye ar .
Q Okay. What d i d you do b e fo r e t h at ?
A Went to s c h o o l .
Q Okay. Hav e you ev er worked i n th e l e g a l s ys tem
o th er th an wi t h th e s t a t e atto r ne y's o f f i c e ?
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A Ye s .
Q What e l s e d i d you do i n t h at l i n e ?
A What ar e you s ayi ng ? How l o ng ?
Q No. What e l s e d i d you d o?
A I worked i n pr e v i o u s l aw fi r ms .
Q Whi c h ones d i d you work?
A Ki ms ey --
I d i d work at Adams &Di ac o fo r a wh i l e .
Q When would th at hav e been, appr o xi matel y?
A 2008 to 2010, I b e l i e v e .
Q And what d i d you do th e r e ?
A R e c e pt i o n i s t and ad mi n i s t r at i v e a s s i s t a n t .
Q Okay. Wel l , th at l end s me to th e next l i t t l e
group o f q u e s ti o ns h er e.
Me l i s s a Pe r s o ni u s . Do yo u know h e r ?
A Yes .
Q And how l o ng hav e you known h e r ?
A Si nc e 2008.
Q And would you hav e met h er when you were wo r k i ng
at Adams &Di ac o ?
A Yes .
Q And s h e worked th e r e at t h at ti me?
A Yes .
Q What d i d she do fo r them?
A Sh e's a l e g a l s e c r e t ar y.
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Q Okay. And was s h e -- as f a r as yo u know, i s t h at
th e same t h i n g s h e's d o i ng now?
A Yes .
Q Okay. Her d u t i e s h av en't c hanged s i n c e you'v e
known h e r .
A No.
Q Okay. And so i n '08, yo u would hav e met h e r .
Who was s h e th e l e g a l s e c r e t ar y fo r at t h at ti me?
A Rob Adams and Spenc er Pe tty.
Q And do yo u know who s h e c u r r e n t l y i s l e g a l
s e c r e t ar y fo r ?
A I t h i n k s h e's s t i l l wi t h Rob Adams and J ay Di ac o .
I'm no t s u r e who e l s e .
Q And i t ' s fi n e to s ay yo u 'r e no t s u r e on t h i s
s t u f f . I f yo u d on't remember, t h at 's f i n e .
A Okay.
Q And how would yo u d e s c r i b e yo u r r e l a t i o n s h i p wi th
h e r ?
A Sh e's j u s t a f r i e n d .
Q Okay. And do yo u s ee eac h o th er -- l e t me
r e ph r as e t h at .
Bac k when you wer e wo r k i ng th e r e , d i d you
s o c i a l i z e wi t h eac h o th e r as we l l ?
A Mm-hmm.
Q Okay. And a f t e r you l e f t i n , I g u es s , maybe 2010,
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d i d you c o nti nu e to be f r i e n d l y wi t h h er ?
A Through phone and -- b u t I d i d n't s ee h er as
o fte n.
Q Ri g h t.
How would you d e s c r i b e yo u r fr i e n d s h i p wi t h h e r ?
By t h at -- I mean, t h at 's k i nd o f h ar d to s ay, b u t ar e you
c l o s e fr i e n d s ? Ac q u ai ntanc es ? You know, t h at k i n d o f
t h i n g . How would you d e s c r i b e how o fte n yo u s ee h er and do
th i ng s wi t h h e r ?
A I wo u l d n't s ay a c l o s e f r i e n d b u t I would s ay
ac q u ai ntanc e. Fr i e n d s . We t a l k ab o u t mu tu al t h i n g s .
Q Okay. And do you hav e o th e r mu tu al fr i e n d s ?
A Yes .
Q Do you l i v e near eac h o th e r ?
A No.
Q A ft e r you s to pped wo r k i ng at Adams &Di ac o , how
o ft e n do you th i nk you'd speak to h er e i t h e r i n per s o n o r on
th e phone o r t e x t i n g o r wh atev er ?
A Maybe l i k e onc e ev er y -- onc e o r twi c e ev er y
c o u pl e months.
Q Okay. And how o fte n do you th i nk you'd a c t u a l l y
s ee h er ?
A L i k e onc e i n a c o u pl e months.
Q Would th at be j u s t c o i n c i d e n t al ? You'd be o u t and
you'd bump i n t o h er , o r would you a c t u a l l y make pl ans to g et
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to g e th e r ?
A Make pl ans to g et to g e th e r .
Q Okay.
A To c at c h up.
Q A l l r i g h t . Okay. L e t 's t a l k about J anu ar y 23r d ,
wh i c h was th e n i g h t t h at we're a l l i n t e r e s t e d i n , I suppose.
When do you t h i n k th e l a s t ti me yo u mi g h t hav e met
wi t h h er b e fo r e th en mi g h t h av e b een? I'm t a l k i n g about i n
per s o n.
A Befo r e J anu ar y?
Q Mm-hmm.
A Way -- months b e fo r e th e h o l i d ays .
Q Okay.
A So ...
Q Maybe September o r s o meth i ng l i k e th at? Ag ai n,
I'm no t t r y i n g to pi n yo u down.
A Yeah.
Q I'm j u s t t r yi n g to --
A Yeah . I j u s t d on't remember e x ac t l y.
Q So i t ' s f a i r to s ay yo u had n't s een h er i n a
c o u pl e o r few months?
A Yes .
Q Had you had any c o mmu ni c ati o n wi th h er , e i t h e r by
phone o r t e x t , pr i o r to J anu ar y 23r d ?
A Yes . She would , yo u know, as k me fo r l u nc h , o r i f
Kanabay Court Reporters Servi ng the Tampa Bay Area
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I c o u l d g e t a d r i nk a f t e r work, b u t I was al ways b u s y.
Q Okay. So -- a l l r i g h t . And so l e t ' s t a l k ab o u t
J anu ar y 23r d .
Di d you hav e a c o n v e r s at i o n wi t h h er t h at d ay,
e i t h e r o v er th e phone o r th r o u g h t e x t mes s ag es ?
A Yes .
Q And what -- t e l l me about, when t h at was and what
t h at c o n v e r s at i o n was ab o u t.
A She e-mai l ed me at work and wanted to g et a d r i nk
a f t e r work o c at c h up. Then s h e c a l l e d me when I got o ff
work to , I guesJS/ per s u ad e me to go g et a d r i nk wi t h h er .
Q Okay. Di d you r es po nd to h er e-mai l ?
A No. Not to i i e r e -mai l , I d on't t h i n k .
Q Okay. And so -- and ag ai n, c o r r e c t me i f I'm
wrong i n t h i s . You g o t th e e -mai l from h e r . You d i d n't
r e a l l y n e c e s s a r i l y c a l l h er b ac k . Bu t th en s h e c a l l e d you
on th e phone l a t e r to fo l l o w up on t h at .
A Yeah . I th i nk s h e e-mai l ed me r i g h t as I was
l e av i n g work. So I d i d n't r es po nd to t h at e -mai l .
Q Mm-hmm.
A And th en she c a l l e d me when I g o t o ff work.
Q Okay. And th e e-mai l yo u 'r e r e f e r r i n g to , i s th at
a work e-mai l ?
A Yes .
Q Okay. Had she ev er e-mai l ed yo u b e fo r e --
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A Mm-hmm.
Q - - a t work?
What ti me d i d yo u g e t o f f work on th at d ay?
A 5 :00.
Q And yo u r o f f i c e i s i n -- we know where. I t ' s
r i g h t o v er h e r e .
A Yeah .
Q Okay. And so when s h e c a l l e d yo u , and you spoke
to h er , I i mag i ne?
A Mm-hmm.
Q And what d i d yo u a l l t a l k about at th at ti me?
A She s a i d s h e wanted to meet up and g et a d r i nk and
c at c h up.
Q And d i d you f i n d anyth i ng u nu s u al about th at? Di d
she seem pe r s i s t e n t about i t o r j u s t seemed n at u r al ?
A I t seemed n a t u r a l . Al th o u g h s h e wanted to go to
Mal i o 's . And we no r mal l y, when we meet up, we go to Urban
C anti na.
Q Okay. Have you e v e r b een to Mal i o 's wi th h er
b e fo r e ?
A No.
Q Hav e you ev er b een to Mal i o 's b e fo r e wi th anyone
e l s e ?
A No.
Q So t h at would h av e b een th e f i r s t ti me you'v e been
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to Mal i o 's .
A Ye s .
Q Di d you q u e s ti o n h er as to why s h e wanted to go to
Mal i o 's ?
A Yes .
Q And what d i d s h e s ay?
A She j u s t s a i d s h e wanted to go somewhere new and
c h ec k o u t th e s c ene.
Q Okay. And so you ag r eed --
Di d yo u meet h er th er e o r d i d yo u go th e r e
to g e th e r ?
A I met h er th e r e .
Q Okay. And do you know what ti me i t was
appr o xi matel y when you would hav e g o tten th e r e ?
A I went th e r e a f t e r work. So a f t e r wal k i ng to my
c ar , i t would be l i k e 5:15, 5:30.
Q Okay. And d i d you d r i v e to Mal i o 's th en --
A Yes .
Q - - o r wal k ?
I know i t ' s c r az y down h er e as f a r as par k i ng and
s t u f f .
So you d r o v e to Mal i o 's .
A Yes .
Q And d i d you v a l e t par k ?
A No. I par k ed on th e s t r e e t , I t h i n k .
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Q What k i n d o f c ar do you d r i v e ?
A Oh, wai t . We par k ed i n th e g ar ag e.
Q You j u s t s a i d we. Was th e r e somebody e l s e ?
A No. I fo l l o we d h er and I -- we par k ed i n th e
g ar ag e, I remember.
Q What g ar ag e?
A The g ar ag e u nd er Mal i o 's .
Q Okay. So how d i d t h at work? Di d s h e d r i v e o v er
o r - -
A I saw h e r pu l l i n g i n , so I j u s t fo l l o we d h e r .
Q Was s h e wi t h anyone?
A No.
Q And yo u were -- ag ai n, yo u s a i d you wer en't wi th
anybod y e i t h e r , r i g h t ?
A No.
Q Can yo u t e l l me ag ai n what k i nd o f c ar you were
d r i v i n g ?
A I hav e a r e d "bug."
Q Vo l k s wag en?
A Yes .
Q Do you r e c a l l what k i n d o f c ar she was d r i v i n g ?
A A Maxi ma.
Q Remember th e c o l o r ?
A I t was l i k e b r o wni s h tan.
Q Okay. Hav e yo u s een t h at -- h er i n t h at v e h i c l e
11
1 b e fo r e ?
2 A Ye s .
3
Q
Were yo u aware th at h er d r i v e r 's l i c e n s e was
4 s u s pend ed ?
5 A No.
6
Q
Hav e you ev er t al k e d to h er about th at at any
7 po i n t i n yo u r knowi ng h er ; th at s h e had d r i v e r 's l i c e n s e
8 pr o b l ems o r anyth i ng l i k e t h at ?
9 A I j u s t know th at s h e had g o tten a DUI b e fo r e .
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Q
Was t h at b e fo r e you saw h er ?
11 A No. Th at was d u r i ng .
12
Q
J u s t to fo l l o w up on t h at .
13 Were yo u th e r e ? Know anyth i ng about i t ? Or j u s t
14 s h e was t e l l i n g yo u about i t ; t h at s h e had a DUI --
15 A Oh.
16
Q
-- i n th e pas t ?
17 A No. She j u s t t o l d me about i t .
18 Q
And i t may hav e affe c t e d h er d r i v e r 's l i c e n s e , b u t
19 you nev er had any d i s c u s s i o n s wi th h er ab o u t t h at ?
20 A R i g h t.
21
Q
I s t h at f a i r to s ay?
22 A Yes .
23 Q Okay. So yo u th i nk you g o t to Mal i o 's around
24 5:15 -- and I'm no t t r y i n g to pi n you down -- g i v e o r tak e
25 10, 15 mi nu tes ?
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A Yes .
Q Okay. So i n o th e r wo r d s , a f t e r work you r e a l l y
d i d n
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t do anyth i ng b e s i d e s g et i n yo u r c ar and d r i v e o v er
t h e r e .
A Ye s .
Q Okay. And so a f t e r par k i n g yo u r c ar , d i d you a l l
th en g et to g e th e r and go up to Mal i o 's ?
A Ye s .
Q And when yo u g o t th e r e , where d i d you go i n
Mal i o 's ?
A We s at at a t a b l e .
Q Okay. Was th at i n th e b ar ar e a?
A No. I t was up to p. I t h i n k t h e r e were to o many
peo pl e at th e b ar .
Q Okay. So j u s t so -- and I 'v e b een th e r e , so --
one ti me l i k e you, o k ay?
So when yo u go to th e h o s t ar e a, I g u es s , o r matre
d ', I g u es s yo u wo u l d s ay, you c an go to yo u r r i g h t , wh i c h I
g u es s i s j u s t pu r e l y d i ni ng ; yo u r l e f t i s th e b ar ; and then
t h e r e 's l i k e a few s t a i r s up to al mo s t l i k e an e l e v at e d
l e v e l abov e th e b ar .
A Yes .
Q I s th at r i g h t ?
A Yes . Th at's where --
Q Whi c h i s k i n d o f a d i n i n g ar e a, b u t i t ' s k i nd of
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pa r t o f th e b ar as we l l .
A Yes .
Q And i s t h at where you went?
A Yes . Bu t we were c l o s e to th e o th er end , by a
wi ndow.
Q By th e o th er end , you mean as yo u go to -- i f yo u
went to yo u r r i g h t .
A L i k e we were u ps t a i r s , b u t we -- b u t l i k e i f I
l o o k ed , I c o u l d no t c l e a r l y s ee th e b ar .
Q Okay. So you would hav e been c l o s e r to th e r i v e r .
A Yes .
Q And so a l l t h at ar e a b eh i nd th e h o s t wh i c h b l o c k s
you., yo u c o u l d n't r e a l l y s ee down and to th e b ar from where
yo u wer e.
A Yeah .
Q Okay. And so what d i d yo u do when yo u f i r s t g o t
th e r e ? Di d you o r d er d r i n k s ? Di d you o r d er food ? J u s t
t a l k ? J u s t d e s c r i b e to me what happened .
A We o r d er ed d r i n k s .
Q Okay. And what were you d r i n k i n g ?
A Wi ne.
Q What k i nd ? I mean wh i te? Red ?
A Wh i te.
Q Chard onnay?
A I th i nk s o .
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Q Okay. Do yo u -- and I'm j u s t k i n d o f j u mpi ng
ahead h e r e .
Di d yo u u l t i ma t e l y pay fo r some o f yo u r d r i n k s o r
food t h at n i g h t ?
A I pai d fo r th e f i r s t one when we f i r s t g o t th e r e .
Q Okay. And how d i d yo u pay fo r i t ?
A De b i t c ar d .
Q Okay. And th e r eas o n I as k t h at -- we 'l l maybe go
o v er t h i s a l i t t l e b i t l a t e r on, o k ay -- i s , we do hav e some
i n v o i c e s from Mal i o 's .
A Mm-hmm.
Q And of c o u r s e , I d on't know what peo pl e's c r e d i t
c ar d numbers ar e , u s u a l l y t h e y ' l l j u s t hav e th e l a s t fo u r
numbers on t h e r e . So I may want to c o nfi r m wh i c h one was
yo u r s , o k ay?
A Okay.
Q Or i f we hav e i t .
A Okay.
Q Okay. So you had a g l a s s o f wi ne.
Do yo u r e c a l l what Me l i s s a was d r i n k i n g ?
A The same.
Q Okay. Di d you o r d er any food at any ti me?
A No. Not at th at ti me.
Q Okay. And ag ai n, I'm no t -- I'm j u s t as k i ng , how
many -- o v er th e --
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L e t me j ump ah ead h er e.
How l o ng do you th i nk yo u were t h e r e ? When d i d
yo u l e av e Mal i o 's ?
A We were no t th e r e l o ng .
Q Okay.
A We f i n i s h e d o u r g l as s o f wi ne and th en we l e f t .
Q Oh, okay. I'm s o r r y. A l l r i g h t . So yo u were at
Mal i o 's ; yo u had -- you eac h had a g l as s o f wi ne i n th e
u ps t a i r s . And th en you l e f t and you went wh er e?
A We went to F l y Bar .
Q Okay. F l y Bar . Th at's a new one fo r me. I s th at
wi t h i n wal k i ng d i s t an c e o r d i d you hav e to d r i v e ?
A We d r o v e.
Q Bo th --
A Se par at e l y.
Q Okay. Now, wh er e's F l y Bar ?
A I t ' s downtown, I th i nk , by The El ement o r ...
Q I mean, c an you g i v e me an i d e a how many b l o c k s
away from Mal i o 's i t mi g h t be?
A Maybe l i k e fo u r .
Q Okay. When yo u l e f t Mal i o 's at t h at ti me, d i d you
hav e any pl an to come b ac k to Mal i o 's ?
A No.
Q What was yo u r pl an t h at you t al k e d -- i f you had
one, was j u s t to l e av e and go someplac e e l s e ?
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A Ye s .
Q Okay. And t h at was F l y Bar . You mu tu al l y ag r eed
to go th e r e ?
A She wanted to go th e r e , s o I s a i d okay.
Q Okay. Had yo u b een th e r e b e fo r e ?
A No.
Q Okay. The f i r s t ti me fo r th e F l y Bar as we l l ,
huh?
And do yo u know what ti me t h at wo u l d hav e been
when yo u l e f t to go to F l y Bar ? Ag ai n, e s t i mat i n g .
A I d on't r e a l l y remember.
Q We l l , do yo u t h i n k yo u were at Mal i o 's more th an a
h a l f h o u r o r an h o u r ?
A We c o u l d hav e b een th e r e 45 mi nu tes to an hour.
Q Bu t yo u o nl y h ad one d r i n k .
A Yes .
Q Okay. Do yo u remember i f i t was l i g h t o u t when
you g o t to Mal i o 's ; i f i t was d ar k ye t ?
A I remember, when we g o t to F l y Bar , i t was s t i l l
l i g h t o u t s i d e .
Q Okay.
A But i t was g e t t i n g d ar k .
Q Now, were yo u meeti ng anybod y e l s e th e r e o r were
you --
A No.
Q Okay. And so what happened at F l y Bar , j u s t th e
q u i c k r e n d i t i o n o f how l o ng were yo u th e r e , what d i d you do,
t h at k i n d o f th i ng ?
A We o r d er ed a d r i nk , and th en s h e wanted to go b ac k
to Mal i o 's .
Q A l l r i g h t . Di d you s t ay and hav e yo u r d r i n k o r
d i d you l e av e b efo r e yo u r d r i n k s came?
A No. Wel l , s h e d r ank h e r s b u t I d i d n't d r i n k mi ne.
Q Okay. Ag ai n, b o th o r d er ed wi ne?
A Yes . The same th i ng .
Q How l o ng do you t h i n k you were at F l y Bar ?
A Maybe 15 , 2 0 mi nu tes . Maybe s h o r t e r th an t h at .
Q Okay. Di d you q u e s ti o n h er as to , "Why ar e we
g o i ng b ac k to Mal i o 's s i n c e we were j u s t t h e r e ?"
A Yes .
Q And t e l l me ab o u t th at c o nv e r s ati o n.
A She s a i d s h e th o u g h t she saw someone.
Q She thought s h e saw someone at Mal i o 's b e fo r e you
l e f t ?
A When we g o t to F l y Bar , s h e s a i d she wanted to go
b ac k to Mal i o 's b ec au s e s h e th o u g h t she saw someone th e r e .
Q Di d you th i nk th at was k i nd o f u nu s u al , s i n c e --
s i n c e you were at Mal i o 's and she saw them, why yo u j u s t
d i d n't s t ay th e r e ?
A Yes .
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1
Q
Di d yo u as k h er to e x pl ai n t h at any more at t h at
2 po i nt?
3 A Yes .
4
Q
Okay. T e l l me about t h at .
5 A She wo u l d n't.
6
Q
So yo u as k ed --
7 A She j u s t s a i d s h e wanted to go b ac k to s ee i f t h i s
8 was th e per s o n.
9
Q
And you as k ed who th e pe r s o n was and s h e wo u l d n't
10 t e l l you?
11 A I as k ed who i t was. She s a i d h i s name, b u t I
12 d o n't know who he i s .
13
Q
Okay. Now do you remember what th e name was?
14 A Now I know i t ' s P h i l Campb el l .
15
Q
Okay.
16 A But at th e ti me I d i d n't -- I th o u g h t i t was
17 someone young she met, s h e wanted to go s e e .
18
Q
Okay. So l e t me -- j u s t s o I'm c l e a r -- I th i nk I
19 u nd er s tand what yo u 'r e s ayi ng . Bu t s h e s a i d th e name P h i l
20 Campb el l , b u t you d i d n't know who P h i l Campb el l i s o r was,
21 r i g h t ?
22 A Ye s .
23
Q
Now you know who i t i s a f t e r a l l t h i s s t u f f .
24 A Yes .
25
Q
Okay. So yo u r as s u mpti o n, when s h e s a i d P h i l
19
1 Campb el l , yo u th o u g h t i t was pr o b ab l y a younger guy ar o u nd
2 h e r age o r s o meth i ng l i k e t h at .
3 A Ye s .
4
Q
Okay. So you ag r eed to go b ac k .
5 A Yes .
6 Q Di d s h e g i v e you any more d e t a i l s about t h i s P h i l
7 Campb el l , l i k e why she wanted to go b ac k to s ee hi m?
8
No.
9
Q
J u s t th at she saw somebody s h e th o u g h t s h e knew
10
and she wanted to go b ac k th e r e .
11 A Yes .
12
Q
And s h e g av e th e name, and yo u s a i d okay.
13 A Yes .
14
Q
A l l r i g h t . So you g'O b ac k to Mal i o 's . Ag ai n, you
15 b o th d r i v e b ac k ?
16 A Ye s .
17
Q
And do you par k ? Same s c e n ar i o ? Par k u nd er neath ?
18 A No. We v al e t e d .
19
Q
Val e t e d t h i s ti me. Okay. Bo th o f yo u .
20 Di d yo u hav e an agreement to do th at b efo r eh and o r
21 i t j u s t tu r ned o u t -- you fo l l o we d h er , o r how --
22 A I fo l l o we d h er , and she s a i d s h e wants to v a l e t .
23
Q
She t o l d you th at b e fo r e you g o t i n yo u r c ar s to
24 d r i v e o v er th e r e ?
25 A Yes . She s a i d i t would be e a s i e r to v a l e t th an
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par k u nd er th e g ar ag e.
Q And yo u wer e okay wi th t h at .
A Ye s .
Q Okay. I d on't know. I assume v a l e t someti mes
c o s t s money.
A I t d o es .
Q I t d o es .
Di d yo u -- were you c o nc er ned ab o u t t h at ? Di d you
make any comment about t h at ?
A I s a i d I d i d n't want to v a l e t b ec au s e I d i d n't
want to pay, and s h e s a i d s h e ' l l g i v e me money fo r th e
v a l e t .
Q I would assume th at would no t be a t y pi c a l --
A Ye s .
Q -- t h i n g yo u want to pay fo r .
A Yes .
Q A l l r i g h t . Now, l e t me as k yo u t h i s : Di d you
h av e yo u r c e l l phone wi t h you th at n i g h t ?
A Ye s .
Q Di d s h e hav e h er c e l l phone wi t h h er th at ni g h t?
A Yes .
Q Di d yo u s ee h er t a l k i n g on h er c e l l phone o r
t e x t i n g on h e r c e l l phone, e i t h e r at Mal i o 's , when you were
f i r s t t h e r e , o r at th e F l y Bar , o r i n h er c ar , o r anyth i ng
l i k e t h at ?
21
A Ye s .
Q Okay. S pe c i f i c a l l y l e t me as k about th e F l y Bar .
Di d s h e r e c e i v e a c a l l o r t e x t wh i l e she was at
th e F l y Bar ?
A Ye s . I d on't know i f i t was a c a l l o r a t e x t . I
d o n
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1 remember. Bu t I know th at s h e was on h er phone.
Q A l l r i g h t . And do you r e c a l l any of i t -- I th i nk
I know th e ans wer to t h i s b ec au s e you d on't know i f s h e was
t e x t i n g o r t a l k i n g , b u t do you r e c a l l o v e r h e ar i ng h er
t a l k i n g to anybod y wh i l e on h er c e l l phone?
A Ye s . I f s h e was t a l k i n g th en.
Q Yeah . Okay.
A Yeah . I j u s t d on't remember.
Q And yo u d on't r e c a l l any o f th e c o nv e r s ati o n o r
anyth i ng l i k e t h at .
A No.
Q Do yo u hav e th e b e l i e f now t h at she was g e t t i n g
th e c a l l to go b ac k to Mal i o 's 'c ause P h i l Campb el l was
th e r e ?
A I d o.
Q Okay.
A Now.
Q The c i r c u ms tanc e s would s u g g es t th at to you at
t h i s po i n t .
A Yes . Lo o k i ng b ac k , I c o u l d s ee t h at .
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Q
Okay. Bu t at th e ti me, yo u d i d n 't b e l i e v e a phone
2 , c a l l was c o nnec ted wi t h hi m.
3 A No.
4
Q
I t was j u s t u nu s u al to you t h at s h e wo u l d want to
5 go b ac k and s ee t h i s guy a f t e r j u s t h av i ng l e f t t h e r e .
6 A Yes .
7
Q
A l l r i g h t . So yo u v a l e t and yo u go b ac k i n to
8 Mal i o
1
s , r i g h t ?
9 A Mm-hmm.
10
Q
And where do you go t h i s ti me?
11 A To th e b ar .
12
Q
Okay. Th at would be yo u r l e f t as you wal k i n ,
13 r i g h t ?
14 A Yes .
15
Q
Now, e a r l i e r -- th e f i r s t ti me, when yo u thought
16 th e b ar was a l l f i l l e d at th at po i nt --
17 A Yes .
18
Q
Now, th e b ar h as , I'm g o i ng to s ay, a d oz en to 15
19 b ar s t o o l s , and I th i nk th e r e 's e i t h e r th r e e o r fo u r
20 fo u r -to ps , and th en t h e r e 's l i k e fo u r b o o th s , maybe.
21 A Mm-hmm.
22
Q
Ar e yo u s ayi ng e v e r yth i ng was f i l l e d at th at ti me
23 when you f i r s t wal k ed i n o r j u s t th e b ar i t s e l f was pr e t t y
24 f i l l e d ?
25 A Ev e r yt h i n g was f i l l e d . Th at's why th ey --
23
1
Q
Okay.
2 A -- took u s u ps t a i r s .
3
Q
So i t was c rowd ed .
4 A Yes .
5
Q
At l e a s t at t h at ti me.
6 So when you g o t b ac k th e r e th e s ec o nd ti me, was
7 th e c rowd any d i f f e r e n t at th at po i nt?
8 A No. I t was s t i l l c rowd ed .
9
Q
Okay. Now, I'm g o i ng to t r y to pu t yo u on ti me
10 frame h e r e , o k ay? T e l l me i f I'm wrong.
11 You g o t th e r e f i r s t , s ay, around 5:15, 5:30. You
12 were th e r e fo r 45 mi nu tes . You d r i v e to F l y Bar . I t ' s
13 s t i l l l i g h t o u t b u t al mo s t d ar k when you g et to F l y Bar . So
14 l e t ' s s ay t h at was 6:15 o r s o meth i ng l i k e t h at . Yo u 'r e at
15 th e F l y Bar fo r 15 mi nu tes o r s o . 6 :30i s h , you go b ac k to
16 Mal i o 's . And now i t ' s b efo r e 7?
17 I s t h at f a i r to s ay pr o b ab l y?
18 A Pr o b ab l y.
19
Q
Okay. I'm no t t r yi n g to s t i c k yo u . I'm j u s t
20 t r y i n g to s ee i f yo u --
21 I f yo u c an -- do you hav e anyth i ng th at you c an
22 remember about th e ti me, th at you c an t e l l me what ti me i t
23 was s pe c i f i c a l l y ?
24 A Ge tti ng b ac k ?
25
Q
Yeah. At any po i n t . Yeah . When you g o t b ac k to
24
1 Mali c -' s .
2 A No. I t was d ar k o u t s i d e .
3
Q
A l l r i g h t . Okay. So you go i n t o th e b ar . At
4 t h i s po i nt i t ' s j u s t th e two o f you?
5 A Yes .
6 Q And where do you go when you wal k i n th e b ar ?
7 A She goes d i r e c t l y to th e b ar , and I fo l l o w h er .
8
Q
Okay. And do you f i n d s e at s , o r what do yo u d o?
9 A Someone moved, so s h e g r ab b ed a s e at .
10
Q
Di d th e per s o n move b ec au s e s h e was th e r e o r th ey
11 j u s t j u s t c o i n c i d e n t a l l y ?
12 A J u s t c o i n c i d e n t a l l y .
13
Q
Okay. And where was th at l o c at e d i n th e b ar ?
14 A I n th e mi d d l e.
15
Q
Of th e b ar i t s e l f .
16 A Of th e b ar i t s e l f .
17
Q
Okay. So one open s e at ?
18 A And th en somebody e l s e moved o v er so t h at we c o u l d
19 s i t next to eac h o th e r .
20
Q
Okay. So you were s i t t i n g i n th e mi d d l e s e c t i o n
21 o f th e b ar , r i g h t ?
22 A Yes . Where th e b ar te nd e r i s .
23
Q
Yeah .
24 A Yeah .
25
Q
Okay. And what happened next?
25
1 A She s a t next to P h i l Campb el l , wh i c h i s who I now
2 know as P h i l Campb el l . At th e ti me, I d i d no t.
3
Q Okay. When she -- would th at be th e f i r s t s e at
4 s h e s at down, was next to hi m?
5 A Yes .
6
Q
Okay. And th at was th e s e at t h at somebody had g o t
7 up and v ac ate d .
8 A Yes .
9 Q
And yo u d on't th i nk i t was at --
10 Do yo u know who th at per s o n was, who v ac ate d th e
11 s e at ?
12 A No.
13
Q
Di d i t appear to you th ey were j u s t l e av i n g th e
14 b ar
15
A Yes .
16 Q
- - o r s o meth i ng l i k e th at?
17 So i t was n't, "Can I s i t h e r e ?" "Yes . I ' l l
18 move"?
19 A No.
20 Q
Or, "Look. Here s h e comes. I ' l l g et out o f th e
21 s e at and you c an s i t h er e."
22 A No. I t was j u s t c o i n c i d e n t al .
23
Q
So th en she would hav e been s i t t i n g next to P h i l
24 Campb el l . You would hav e been s i t t i n g next to h er .
25 A Yes .
26
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Q
So s h e's between you two --
2 A Yes .
3
Q
-- i s th at r i g h t ?
4 Okay. And s o d i d -- how d i d th at -- was th e r e a
5 d i s c u s s i o n between th e two o f them, o r how d i d t h at s t a r t up
6 where you u l t i mat e l y l e ar ne d t h at was P h i l Campb el l and th at
7 k i nd o f th i ng ?
8 A I o nl y l e ar n e d th at was P h i l Campb el l a f t e r --
9
Q
Okay.
lO- A -- th e f a c t .
l l
Q
So no t th at n i g h t .
12 A L i k e when i t was i n th e news.
13
Q
Okay. And s o ev en though she had s a i d to yo u
14 e a r l i e r s h e was l o o k i ng to s ee --g o b ac k and s ee t h i s guy
15 P h i l Campb el l , yo u nev er knew t h at t h at n i g h t t h at t h at was
16 who she was t a l k i n g ab o u t.
17 A No.
18 I'm s o r r y. He was o l d . I thought she was t a l k i n g
19 about someone young.
20
Q
We won't be o ffend ed .
21 A Okay.
22
Q
A l l r i g h t . And so d i d you engage any c o nv e r s ati o n
23 wi t h t h i s per s o n yo u l a t e r l e ar n e d to be P h i l Campb el l ?
24 A No.
25
Q
So s h e nev er i ntr o d u c e d you o r anyth i ng l i k e t h at .
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A No. I mi g h t hav e s a i d h i , j u s t i n -- s i t t i n g
t h e r e , b u t ...
Q Di d s h e -- d i d Me l i s s a engage i n a c o nv e r s ati o n
wi t h hi m?
A Ye s .
Q Do yo u know who i n i t i a t e d th e c o nv e r s ati o n,
wh eth er i t was hi m o r h er ?
A I t h i n k th at th e wai t r e s s -- Me l i s s a was wai t i n g
to o r d e r a d r i n k , and th e wai t r e s s d i d n't s ee us wai t i n g to
o r d e r a d r i n k .
Q Mm-hmm.
A So I g u es s P h i l t o l d h er , "Hey, I th i nk s h e's
wai t i n g to o r d er a d r i nk ," and t h at 's how i t s t ar t e d .
Q When yo u s ay wai t r e s s , do you mean th e b ar tend er ?
A The b ar te nd e r .
Q And d i d you g et a d r i nk yo u r s e l f at t h i s po i nt?
A I d i d .
Q Wi ne?
A Ye s .
Q Di d Me l i s s a g et th e same?
A Ye s .
Q J u s t to k i nd o f j ump ahead , how many wi nes d i d you
hav e at t h at ti me - - o r how many d r i n k s d i d you hav e th at
ti me at Mal i o 's ?
A I o nl y had one, b u t I d i d n't ev en f i n i s h i t . I
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d on't ev en t h i n k I r e a l l y to u c h ed i t .
Q Okay. And th en how ab o u t -- and I'm no t
c o nc er ned , yo u know
A Yeah .
Q -- about you d r i n k i n g and d r i v i n g , anyth i ng l i k e
t h at . I'm j u s t t r y i n g to g et an i d e a o f th e ti me fr ames .
How about Me l i s s a? How many d r i n k s d i d yo u s ee
h er h av e, i f you r e c a l l , th at ti me at Mal i o 's ?
A Th at ti me?
Q Mm-hmm.
A The wh o l e ti me we were th e r e ?
Q Mm-hmm.
A I t h i n k s h e had th r e e g l as s e s o f wi ne, a s h o t.
And by t h at ti me, I had l e f t .
Q Okay. Do you know what she had a s h o t o f?
A I d on't remember.
Q I f I t o l d you So u th er n Comfort, would t h at make
s ens e? I d on't know. Was i t a fo o -fo o s h o t, you know? Do
you remember? I mean, someti mes you g et a s h o t o f wh i s k ey;
someti mes you g et, you know, a k ami k az e o r some, yo u know,
made up
A I d o n't remember. I j u s t know t h at i t was a s h o t.
Q Di d s h e as k yo u i f yo u wanted one?
A No.
Q Di d s h e hav e a s h o t wi t h P h i l ?
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A Yes .
Q Di d you s ee hi m d r i n k i t as we l l ?
A Yes .
Q Do yo u know i f s h e o r d er ed i t o r he o r d er ed i t ?
A She o r d e r e d i t .
Q The g l a s s o f wi ne th at you had -- I t h i n k we
al r e ad y t al k e d ab o u t t h i s -- yo u d i d n't pay fo r th at th at
ti me, i s t h at c o r r e c t ?
A No.
Q Okay. Do yo u know who bought t h at g l as s o f wi ne
fo r you?
A Me l i s s a.
Q You s a i d th at -- when you l e f t , was she s t i l l
th e r e i n th e b ar ?
A Ye s .
Q Okay. Do yo u know about what ti me i t was when you
l e f t ?
A Maybe 8:45 . 9. Maybe 9.
Q Okay. So you th i nk you mi g h t hav e been th e r e a
c o u pl e h o u r s .
A A c o u pl e h o u r s .
Q Okay. Di d you hav e anyth i ng to e at th at ti me?
A Yes .
Q Okay. T e l l me about t h at . What d i d you h av e?
A Sear ed tu na, I th i nk .
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Q Okay. I s th at -- d i d Me l i s s a pay fo r t h at ?
A Yes .
Q As f a r as you know.
A As f a r as I know, s h e pai d fo r t h at .
Q R i g h t.
Do yo u remember -- d i d Me l i s s a h av e s o meth i ng to
d r i nk -- I'm as s u mi ng -- to e at as we l l ?
A I th i nk she had r a v i o l i o r mo z z ar e l l a. Somethi ng
wi t h c h ees e i n i t .
Q And t h i s i s s o meth i ng yo u j u s t at e at th e b ar ?
A Yeah .
Q Now, how would you --
Throughout t h i s c o u pl e -- th r o u g h o u t t h i s
appr o xi mate two-hour ti me th at you wer e th e r e , was P h i l
Campbell th e r e th e whole ti me?
A Yes .
Q Di d yo u meet anybod y e l s e o r s ee anybod y e l s e th at
seemed to be wi t h P h i l Campb el l ?
A Yes .
Q Do yo u know who th at per s o n i s ?
A I d on't know h i s name.
Q Okay. Do you know hi m now afte r war d s , and know
th at he i s a l awyer o r s o meth i ng th at was i n v o l v e d wi t h th e
Bubba c as e?
Okay. You d o n't.
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Can yo u d e s c r i b e hi m?
A A l l I know i s I t h i n k h e's J e wi s h .
Q Okay.
A He u s ed th e word s c h l e ppi ng . I fi g u r e d he was
J e wi s h .
Q Okay. Th at's a good i n d i c a t o r .
A Yeah .
Q And d i d he appear to be wi t h Campb el l , though?
A Ye s .
Q And he was s i t t i n g on th e o th er s i d e o f Campb el l .
A Ye s .
Q Di d he e v e r come o v er and t a l k to you?
A Ye s . He was t a l k i n g wi t h Me l i s s a. She was b ei ng
o v e r l y f l i r t a t i o u s .
Q Okay. So i s i t f a i r to s ay -- I'm j u s t g o i ng to
k i nd o f t y pi f y i t -- yo u 'r e k i nd o f j u s t al o ng fo r th e r i d e .
Yo u 'r e j u s t k i n d o f s i t t i n g th e r e . Yo u 'r e no t r e a l l y
eng ag i ng . Me l i s s a's d o i ng most o f th e t a l k i n g --
A Ye s .
Q - - i n th e c o n v e r s at i o n s , i s t h at f a i r ?
A Ye s .
Q You d i d n't h av e any i n t e r e s t i n th e s e two o l d
g u ys .
A No.
Q I s t h e r e anybod y e l s e yo u 'r e t a l k i n g wi th o r you
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j u s t k i n d o f s i t t i n g th e r e ? I mean, how ar e yo u u s i n g yo u r
ti me? Watc h i ng TV? Eat i n g ? L i s t e n i n g to them? Te x t i n g
someone e l s e ? C a l l i n g somebody e l s e ?
A I was on my phone, t e x t i n g --
Q Okay.
A -- and t r y i n g to t a l k to Me l i s s a.
Q Okay. Bu t th at was d i f f i c u l t to do, i s t h at
r i g h t ?
A Yes .
Q Di d s h e seem to be fo c u s ed on Mr. Campb el l and
t h i s o th er guy?
A Yes .
Q A moment ago s h e seemed to be f l i r t a t i o u s .
De s c r i b e what you mean by t h at . Or g i v e u s some exampl es ,
o r -- i f yo u c an.
A Loud , pl ayi n g wi t h h er h a i r , t a l k i n g to peo pl e we
wo u l d n
1
t no r mal l y be t a l k i n g to .
Q Di d you ev er --
Wel l , d i d you ev er as k h er why --
Wel l , l e t me r e ph r as e t h at .
Di d th at seem to be u nu s u al b eh av i o r fo r h er ,
b as ed upon yo u r e xpe r i e nc e s wi th h e r ?
A Not
Q L e t me q u a l i f y t h at .
A Okay.
LbobcbziDp vsUS f qp a / st!.!Tf swjoh!U f !Ubn qb!Cbz!Bsf b
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Q Unu s u al b e h av i o r wi t h men t h at ag e.
A Ye s .
Q Okay. So yo u 'v e s een h er be f l i r t a t i o u s b e fo r e ,
b u t i t wo u l d be more peo pl e t h at yo u wo u l d th i nk s h e'd be
i n t e r e s t e d i n .
A Yes .
Q I s t h at f a i r to s ay?
A Yes .
Q At any ti me d i d you l e av e th e b ar and , l i k e , go to
th e bathroom o r s o meth i ng l i k e t h at , where you c o u l d hav e an
o ppo r tu ni ty to s peak wi t h h er al o ne ?
A No.
Q Okay. Di d yo u ev er q u e s ti o n h er as to , l i k e ,
"Hey, Me l i s s a, why ar e yo u t a l k i n g to th e s e o l d g u ys ?"
A No. She was t i ps y , g e t t i n g d runk.
Q Okay. So yo u were, ag ai n, j u s t k i n d o f j u s t
s i t t i n g t h e r e --
A Yeah .
Q - - i s t h at f a i r to s ay?
And yo u d i d n't hav e any i n t e r e s t i n th e b eh av i o r
she was wi t h th e s e g u ys . I s t h at f a i r to s ay?
A Yes .
Q When yo u s ay mes s i ng wi t h h er h a i r , I mean, was
th e r e any s ex t a l k at a l l ?
A No.
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1 Q Okay. When you l e f t t h at n i g h t , when yo u l e f t ,
2 how d i d you f e e l you were l e av i n g Me l i s s a at t h at po i n t ?
3 You know, d i d you hav e any th o u g h t pr o c e s s about what was
4 h appeni ng o r what was g o i ng to happen?
5 A I d i d no t know what was g o i ng to happen. I j u s t
6 f e l t bad t h at she was d runk.
7 Q Mm-hmm.
8 A And I t o l d h er to be c a r e f u l , c a l l a c ab , yo u
9 know. I know th at she pr e v i o u s l y had a DUI. I d i d n 't want
10 h er to g et ano th er one.
11 Q Okay. Now, were you -- yo u i n d i c at e d s h e had ,
12 l i k e , th r e e wi nes and a s h o t. Di d you -- wh i l e s h e was
13 g e t t i n g a d r i nk , d i d s h e as k yo u i f you wanted ano th er
14 d r i n k ?
15 A No. She s t i l l saw I h ad one t h e r e .
16 Q Okay. Do you know i f e i t h e r P h i l Campb el l o r t h i s
17 o th e r guy were b u yi ng Me l i s s a d r i n k s ?
18 A No. I d on't th i nk th ey wer e.
19 Q I t ' s f a i r to s ay t h at u s u a l l y when yo u 'r e u s i n g a
20 c r e d i t c ar d o r d e b i t c ar d , i t ' s a l l pai d up at th e end
21 anyway, r i g h t ?
22 A Yes .
23 Q So was s h e payi ng as ti me went al o ng --
24 A No.
25 Q - - o r j u s t a tab th at was b u i l d i n g up?
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A Tab.
Q Di d yo u ev er h ear Mr. Campb el l o r d er a d r i n k fo r
Me l i s s a?
A No.
Q Okay. Bu t yo u d i d s ee, when s h e o r d er ed th e
s h o ts , s h e o r d e r e d them, and s h e gav e one to hi m.
A Ye s .
Q Do yo u know i f th e per s o n t h at was --
We l l , I mean -- r e ph r as e t h at .
When yo u l e f t Mal i o 's , Me l i s s a was th e r e , Campbell
was t h e r e .
Was th e o th e r guy s t i l l th e r e too --
A No.
Q - - o r h ad he l e f t b efo r e you?
A He l e f t b e fo r e me. Then I l e f t .
Q Okay. A l l r i g h t . And I th i nk yo u s a i d t h i s but I
j u s t want to make s u r e .
So yo u d i d n't r e a l i z e t i l l l a t e r th at was th e guy,
t h i s P h i l Campb el l th at s h e s a i d s h e k i nd o f had some
i n t e r e s t i n , when you went bac k --
A Yes .
Q -- to go b ac k .
Okay. When s h e began t a l k i n g to hi m, d i d you g et
th e i mpr e s s i o n t h at th ey'd ev er met b e fo r e ?
A No.
L bobcbziDp vsUS f qp &f st UTf swj ohiu f !Ubn qb!Cbz!Bsfb
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1
Q Okay. So i t was n't l i k e , "How you d o i ng ?" Or I
2 mean, i t was n't l i k e , "Good to s ee yo u . Hav en't s een yo u i n
3 a wh i l e ."
4 A R i g h t.
5 Q Seemed to be a new meeti ng , i s t h at r i g h t ?
6 A New meeti ng .
7 Q Co u l d you o v er h ear th e c o n v e r s at i o n o r some o f th e
8 c o n v e r s at i o n th e two o f them were h av i ng ?
9 A Ye s .
10 Q Di d you h ear a c o n v e r s at i o n where Me l i s s a
11 i n d i c at e d what s h e d i d and where s h e worked ?
12 A Ye s .
13 Q And what do yo u r e c a l l h er t e l l i n g Campb el l about
14 what s h e d i d o r where s h e worked ?
15 A I remember she s a i d s h e worked , l i k e , a l e g a l
16 s e c r e t ar y i n a l aw o f f i c e , b u t s h e s a i d s h e worked somewhere
17 e l s e . I d on't remember where th at was.
18 Q Bu t s h e d i d n't s ay where she -- s h e d i d n't s ay
19 Adams &Di ac o .
20 A R i g h t.
21 Q Now, d i d th at -- when s h e s a i d t h at , d i d you --
22 d i d t h at mean anyth i ng to you o r d i d you th i nk t h at was
23 s tr ang e , o r no t r e a l l y , o r j u s t what?
24
A I thought t h at was s tr ang e . Bu t ag ai n, s h e was
25 g e t t i n g d runk so I d i d n't r e a l l y pay too much at t e n t i o n to
LbobcbziDp vsUS f qp af st UTf swj ohlii f !Ubn qblCbzlBsfb
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what th ey were s ayi n g .
Q R i g h t .
Do yo u r e c a l l , i n th e ti me frame t h at you wer e
t h e r e , t h at Me l i s s a e v e r l e f t , l i k e , to go to th e bathroom
o r s te p o u t s i d e to u s e h er phone o r anyth i ng l i k e t h at ?
A No.
Q So yo u two were s i t t i n g next to eac h o th e r th e
wh o l e ti me as f a r as yo u remember.
A Yes .
Q Do yo u know wh eth er o r no t s h e was t e x t i n g at a l l
d u r i ng t h i s ti me?
A She was.
Q Do yo u know who she was t e x t i n g ?
A No.
Q Di d s h e e v e r t a l k to anybod y -- d i d she e v e r c a l l
anybod y on th e phone t h at you c an r e c a l l ?
A I t h i n k s o b u t I d on't know who i t was.
Q Okay. And when you s ay yo u t h i n k so -- ag ai n, I'm
no t t r y i n g to pi n yo u down, b u t do you hav e a s pe c i f i c
r e c o l l e c t i o n o f h e r a c t u a l l y t a l k i n g on th e c e l l phone, o r
yo u 'r e no t s u r e . You remember s h e was t e x t i n g , b u t do yo u
remember wh eth er s h e was a c t u a l l y t a l k i n g to anybod y?
A I c an't s ay fo r s u r e .
Q When yo u wer e th e r e at t h i s ti me and you were
c a l l i n g o th er peo pl e and t e x t i n g o th e r peo pl e, were you
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c ommenti ng at a l l about what yo u wer e d o i ng at t h at po i n t ?
L i k e , "I'm i n Mal i o 's wi t h Me l i s s a" and t h at k i n d o f th i ng ?
Or do you r e c a l l ?
A No. I was --
Q My q u e s ti o n i s t h i s : Bec au s e l e t ' s s ay i t was a
l i t t l e b i t u nu s u al th at yo u wer e i n v i t e d o u t -- t h at 's my
ter m -- b u t you were i n v i t e d o u t to hav e a d r i n k wi t h h e r .
Now yo u 'r e b ac k at Mal i o 's . Sh e's t a l k i n g to t h i s o l d man.
And i s i t f a i r to s ay t h at yo u 'r e k i nd o f b e i ng
i g no r ed ?
A Yes .
Q Okay. Di d t h at -- d i d yo u t e x t anybod y o r c a l l
anybod y about th at s i t u a t i o n th at yo u 'r e i n , l i k e , "Here I
am. Me l i s s a's o v er h er e wi t h t h i s o l d guy, and I'm s i t t i n g
h er e, you know, d o i ng no th i ng "?
A I was j u s t t a l k i n g to my b o yfr i e n d .
Q Okay.
A She was i g no r i ng me, so I had my own ...
Q Okay. Th at's f i n e .
Now, I'm g o i ng to j u s t g i v e you some names o f some
f o l k s . I j u s t want to know i f you know who th ey ar e --
A Okay.
Q -- and i f s o
J o nath an E l l i s o r J o n E l l i s ?
P h i l Campb el l , we'v e t al k e d ab o u t.
LbobcbzlDp vsdS f qp sLf st UTf sôhlu f !Ubn qb!Cbz!Bsfb
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A Yes .
Q F i r s t ti me yo u ev er met hi m -- f i r s t and o nl y ti me
was t h at ti me.
A Ye s .
Q I s i t f a i r to s ay you d i d n't ev en know who he was
u n t i l yo u saw s o meth i ng on TV th e next d ay?
A Yes .
Q Okay. How about Br i an Mo tr o ni ?
A Ye s . I know hi m.
Q And how do yo u know hi m?
A He wo r k s at Adams fit Di ac o .
Q Okay. And d i d he work th e r e o r d i d you work th e r e
th e same ti me he worked th e r e ?
A Yes .
Q Di d yo u s ee hi m at a l l t h at n i g h t ?
A No.
Q Di d yo u t a l k to hi m at a l l th at ni g h t?
A No.
Q Di d yo u t e x t message hi m at a l l t h at ni g h t?
A No.
Q Di d he c a l l yo u o r t e x t message yo u at a l l th at
ni g h t?
A No.
Q Di d h i s name ev er come up at a l l i n yo u r
c o nv e r s ati o ns wi t h Me l i s s a?
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A No.
Q "Th i s i s a c a l l from Br i an ," o r , "I'm t e x t i n g
Br i an ," o r anyth i ng l i k e t h at .
A No.
Q So no t ev en on th e r ad ar o r anyth i ng t h at ev eni ng .
A C o r r e c t .
Q When i s th e l a s t ti me yo u th i nk yo u saw hi m?
A Br i an ?
Q Yeah .
A L as t Marc h.
Q S t . P a t r i c k 's Day?
A Yes .
Q I t ' s c omi ng up soon, now.
How about Adam F i l t h a u t ?
A I know hi m.
Q From Adams &Di ac o ?
A Yes .
Q You and he worked at th e o f f i c e at th e same ti me?
A Yes .
Q So b o th Br i an and Adam h av e worked - - o r were
al r e ad y wo r k i ng at Adams &Di ac o when you s t a r t e d to work
th e r e ?
A Yes .
Q I s t h at f a i r ?
Okay. And l e t ' s t a l k about t h at .
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At th e ti me yo u knew -- was Mo tr o ni wo r k i ng wi t h
ano th er l awyer , pa r t i c u l a r l y , o r was he h i s own guy? I
mean, I d on't know how th e fi r m's s e t up. Bu t yo u know,
someti mes th ey k i n d o f h av e a s s i s t a n t s t h at work wi t h
s pe c i f i c l awye r s .
A He's an atto r ne y, so --
Q R i g h t.
A --h e worked on h i s own.
Q I meant an a s s i s t a n t -- I meant as a l awyer -- you
know, someti mes, yo u know, one o f th e b i g -s h o t l awye r s mi ght
hav e two o r th r e e l awye r s th at b a s i c a l l y j u s t do s t u f f wi th
them, you know what I'm s ayi ng ?
So was Mo tr o ni wo r k i ng fo r somebody i n pa r t i c u l a r
o r no t, o r you d on't know?
A He was k i nd o f l i k e Steph en's pr o teg e.
Q Th at's Steph en Di ac o ?
A Yes .
Q What ab o u t F i l t h a u t ? Di d he work pr i ma r i l y wi th
any pa r t i c u l a r atto r ne y?
A No.
Q He was h i s own.
A He was h i s own.
Q Okay. Steph en Di ac o . You know Mr. Di ac o , i s th at
r i g h t ?
A Yes .
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Q Bac k on Mr. F i l t h a u t .
Di d you s ee hi m at a l l t h at n i g h t ?
A No.
Q Di d yo u t a l k to hi m at a l l ?
A No.
Q Text message hi m at a l l .
A No.
Q Do yo u know wh eth er Me l i s s a t al k e d to hi m o r t e x t
messaged wi t h hi m th at ni g h t?
A I d on't.
Q And t h i s i s a l i t t l e b i t s pe c u l at i o n , b u t i f
F i l t h a u t o r Mo tr o ni had b een i n Mal i o 's t h at n i g h t , do yo u
th i nk yo u would hav e s een them?
A I would hav e s een them.
Q Okay. Bu t you d i d no t s ee e i t h e r one o f them.
A No.
Q How about Steph en Di ac o ? You know Mr. Di ac o .
A Yes .
Q Di d you speak wi t h hi m at a l l t h at n i g h t ?
A No.
Q Di d you t e x t hi m at a l l t h at n i g h t ?
A No.
Q Di d h i s name ev er come up t h at ev eni ng ? L e t me
r eph r as e t h at .
Di d Me l i s s a ev er s peak wi t h hi m o r t e x t hi m, as
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f a r as yo u know?
A I d o n't know who s h e spoke to .
Q R i g h t . Okay. I mean, s h e nev er s a i d , "Oh, I'm
c a l l i n g Steph en now," o r anyth i ng l i k e t h at .
A No.
Q S i n c e t h at n i g h t , th e 23r d , h av e you had any
c o mmu ni c ati o n wh ats o ev er wi th Br i an Mo tr o ni ?
A No.
Q Hav e yo u h ad any c o mmu ni c ati o n wh ats o ev er wi th
Adam F i l t h a u t ?
A No.
Q Any c o mmu ni c ati o n wh ats o ev er wi t h Steph en Di ac o .
A He c a l l e d me and te xte d me.
Q When was t h at appr o xi matel y, u n l e s s you c an t e l l
me e x ac t l y.
A I t was on my b i r t h d ay.
Q Whi c h i s wh at?
A Fe b r u ar y 4th .
Q And what was th e natu r e o f h i s --
You s a i d he t e x t e d you and c a l l e d you, i s th at
r i g h t ?
A Ye s .
Q What was th e natu r e o f th at c o nv e r s ati o n?
A He s a i d he wanted to speak wi t h me, and happy
b i r t h d ay.
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Q Okay. And d i d you i n f a c t s peak wi t h hi m?
A I was on a c r u i s e . I d i d n't --my phone r e c e pt i o n
was no t wo r k i ng we l l .
Q Okay. So you d i d n't s peak wi th hi m about
anyth i ng --
A No.
Q - - a t t h i s ti me.
A I hav e no t spoken to hi m.
Q And s i n c e th at ti me when you g o t b ac k from yo u r
c r u i s e o r wh atev er , you h av en't spoken to hi m?
A No.
Q Have any r e pr e s e n t at i v e s from Adams &Di ac o had
any c o n v e r s at i o n wi t h you s i n c e th e 23r d o f J anu ar y?
A No. Bu t someone h as b een b l o wi ng up my phone.
Q Okay. And I know what t h at ter m means, b u t when
you s ay someone -- d oes i t come b ac k wi t h an Adams &Di ac o
number? I s th at how you know i f i t ' s them.
A I t ' s t h e i r i n v e s t i g at o r . Hi s name i s J er emy. I
d on't know h i s l a s t name.
Q Okay. I s he l e av i n g messages o r j u s t s ayi n g --
A He --
Q -- th e number's c a l l i n g ?
A He c a l l s and l e av e s mes s ag es .
Q Okay. And you h av en't spoke to hi m?
A No. I i g no r e them.
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Q Okay. I s t h e r e a r e as o n fo r t h at ? Th er e pr o b ab l y
i s , b u t
A I d o n
1
1 want to s peak to anyone.
Q Okay. You'd r at h e r no t be i n v o l v e d i n t h i s wh o l e
t h i n g --
A Yes .
Q - - i s t h at f a i r to s ay?
Okay. Rob Adams, yo u u s ed to work fo r , r i g h t ?
A Yes .
Q Di d yo u h av e any c o n v e r s at i o n s wi t h hi m o r
c o mmu ni c ati o ns i n any e f f e c t on th e J anu ar y -- on
J anu ar y 23r d ?
A No.
Q And yo u h av en't had anyth i ng s i n c e , e i t h e r , r i g h t ?
A No.
Q Okay. How ab o u t Me l i s s a? A ft e r J anu ar y 23r d ,
t h at ev eni ng --
So I tak e i t -- I t h i n k you s a i d maybe about 9:00
when you l e f t ?
A Mm-hmm.
Q Do you remember anyth i ng you c an pu t a ti me frame
on, l i k e you went home and s o meth i ng was on TV, o r you
no r mal l y go to bed at 10 and yo u 'r e home by 10? Do you
remember anyth i ng l i k e t h at , t h at would g i v e you --
A J u s t remember b e i ng b o r ed and r e a l l y t i r e d .
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Q Okay. You went home a f t e r th at o r --
A I went home a f t e r t h at .
Q A l l r i g h t . Hav e yo u spoken to Me l i s s a o r t e x t e d
h er o r h ad any c o mmu ni c ati o n from h e r s i n c e J anu ar y 23r d ?
A She c a l l e d me t h at n i g h t .
Q L at e r t h at n i g h t .
A Ye s .
Q T e l l u s about t h at .
A She c a l l e d me and s a i d s h e was d runk and was
pu l l e d o v e r . I t o l d h er to g e t a c ab . I was wo r r i e d about
h e r .
Q Okay.
A And th at was i t .
Q Di d you th i nk s h e was -- t h at s h e was d r i v i n g , g o t
pu l l e d o v er by a c op?
A I d i d n't as k . She j u s t s a i d --
Q Th at's how she s a i d i t . " I g o t d r u nk and I g o t
pu l l e d o v er ."
A Yeah .
Q Do yo u know why s h e was c a l l i n g you? Was she
r e q u e s ti ng s o meth i ng from yo u o r as k i n g fo r anyth i ng ?
A No.
Q Do yo u r e c a l l about what ti me t h at was when t h at
c a l l happened ?
A I th i nk i t was ar o u nd 10:30.
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Q Okay. And would th at h av e b een c e l l phone -- h er
c e l l phone c a l l i n g yo u r c e l l phone?
A Yes .
Q Okay. Be s i d e s t h at c o n v e r s at i o n , anyth i ng e l s e
from h e r s i n c e t h at ti me frame?
A She -- I d on't remember i f s h e c a l l e d me o r i f I
c a l l e d h er th e ne xt mo r ni ng . I was d r i v i n g to work. I j u s t
wanted to s ee i f s h e was okay.
Q Mm-hmm.
A And th e c a l l d i d n't l a s t l o ng . She s a i d s h e was
f i n e . She was s peak i ng to someone i n th e b ac k g r o u nd . So I
s a i d I hav e to go.
Q Okay.
A She d i d c a l l me t h at Satu r d ay --
Q Okay.
A -- and l e f t me a v o i c e mai l , b ec au s e I d i d n't pi c k
up.
Q Di d you know i t was h er and d i d n't pi c k up, o r you
j u s t wer en't th e r e to pi c k up?
A I knew i t was h er and I d i d n't pi c k up.
Q I assume by th en th i ng s were --
A Yes .
Q -- s t i r r i n g up and you knew s o meth i ng was up.
A Mm-hmm.
Q And you were t r y i n g to keep some d i s t an c e --
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48
A Yes .
Q - - i s t h at f a i r to s ay.
And what was h er message on t h at Satu r d ay?
A Th at s h e r e a l l y need s to s peak to me, and t h at an
i n v e s t i g a t o r from Adams &Di ac o i s g o i ng to be c a l l i n g me,
and she wants to t a l k to me b efo r eh and .
Q Okay. Any o th er c o nv e r s ati o ns wi t h h er b e s i d e s --
a f t e r t h at mes s ag e?
A None.
Q Okay. So you nev er t al k e d to h e r . Th er e was a
h ead s -u p, th e i n v e s t i g at o r was c a l l i n g , b u t you nev er t al k e d
to th e i n v e s t i g a t o r e i t h e r .
A No.
Q And when you s ay b l o wi ng up yo u r phone, when was
th e l a s t ti me you g o t a c a l l from t h i s i n v e s t i g at o r ? Was
t h i s a d a i l y th i ng ?
A Yes . And a c o u pl e ti mes a d ay.
Q And s t i l l ongoi ng up u n t i l to d ay?
A No. I t s to pped .
Q When d i d i t s to p, appr o xi matel y?
A I t h i n k -- l e t me s ee. I need to th i nk a mi nu te.
Q Th at's f i n e .
A I t h i n k i t was a f t e r - - i n th e mi d d l e o f Feb r u ar y.
Q Okay. A l l r i g h t . Has anybod y e l s e t al k e d to you
about t h i s s i t u a t i o n ? Anybody th at appr o ac h ed you about i t ?
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Not t h at yo u mi g h t hav e gone to as k somebody ab o u t, b u t
somebody appr o ac h ed you to as k yo u about what happened and
t h at k i nd o f s t u f f .
A No.
Q Not ev en anybod y i n th e o f f i c e j u s t s ayi n g , "Hey,
Vanes s a, what happened ," you know t h at k i n d o f th i ng ?
A No. My work phone somebody c a l l s my work phone
a l l th e ti me, b u t I d o n't ans wer .
MR. LOUGHERY: Okay. I j u s t need a moment.
I do want to - -
Can we go o ff th e r e c o r d fo r a s ec o nd .
(A d i s c u s s i o n was h e l d o ff th e r e c o r d .)
EXAMINATION
BY MR. BARTLETT:
Q When you l e f t Adams &Di ac o , was th e r e anyth i ng
ab o u t t h at , l e av i n g th at j o b , t h at was an i s s u e fo r you o r
anyth i ng l i k e t h at ?
A No.
Q So i t was ami c ab l e and --
A Yes .
Q Di d yo u th en come to th e S t at e Atto r ne y's Offi c e
to work?
A Yes . I took a b r eak and th en I came to th e s t at e
at t o r n e y's .
Q Okay. And Me l i s s a s pe c i f i c a l l y wanted you guys to
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v a l e t par k when yo u went b ac k to Mal i o 's .
A Ye s .
Q Di d s h e ev er u l t i mat e l y end up payi ng fo r yo u r
v a l e t par k i ng ?
A Yes .
EXAMINATION
BY MR. LOUGHERY:
Q Th at n i g h t ?
A Ye s .
Q I assume wi t h c as h ?
A Ye s .
Q Di d s h e g i v e you c as h ?
A She g av e me c as h .
EXAMINATION
BY MR. BARTLETT:
Q And wh i l e at Mal i o 's , e i t h e r th e f i r s t ti me o r th e
s ec o nd ti me, d i d you ev er s ee anybod y e l s e at a l l from
Di ac o 's fi r m?
A No.
Q And as f a r as yo u r knowled ge, d i d Mr. Campbell
ev er buy yo u s pe c i f i c a l l y any d r i n k s ?
A No.
Q When you guys s at down i n i t i a l l y , who k i nd o f came
on to whom, between Me l i s s a and Campb el l ?
A Me l i s s a.
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Q So s h e was th e per s o n t h at was d o i ng th e
i n t r o d u c i n g h e r s e l f , and "Hi . I work a t ," yo u know, b l ah ,
b l ah ?
A Mm-hmm.
Q And i t was some fi r m o th e r th an where s h e r e a l l y
worked .
A Ye s .
Q I d on't remember i f Mr. Lo u g h er y as k ed t h i s , b u t
d i d you as k , "Hey, what ar e you d o i ng ," o r , "Why d i d you
t e l l hi m a d i f f e r e n t fi r m"?
A No. Peo pl e s ay a l l k i nd s o f t h i n g s when th e y'r e
d runk.
Q And was i t c l e a r l y yo u r o pi ni o n th at s h e was
maki ng a move on Mr. Campb el l ?
A Yes .
Q How much o f any c o nv e r s ati o n, i f you d i d at a l l ,
d i d you hav e wi th t h i s Mr. E l l i s guy, th e o th e r guy?
A He came o v er and was t a l k i n g to Me l i s s a and I , b u t
she was d o i ng most o f th e t a l k i n g ag ai n. I was j u s t
l i s t e n i n g . But I d on't r e c a l l what i t was ab o u t, j u s t ...
Q Di d you ev er s ee hi m u r g e Campb el l to d r i n k more
o r anyth i ng l i k e t h at ?
A Yes .
Q Okay. T e l l u s about t h at .
A Me l i s s a had o r d er ed hi m a d r i nk , and he s a i d he
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d i d n 't want any more, and th e o th er guy s a i d he h ad a rough
d ay. He s h o u l d j u s t d r i n k and r e l a x .
Q Do yo u remember what k i nd o f d r i n k t h at was?
A Whatev er he was d r i n k i n g . She o r d er ed hi m
wh atev er he was d r i n k i n g .
Q Do you know what he was d r i nk i ng ?
A I t was c l e a r , I th i nk .
Q Was i t a wi ne o r was i t --
A No.
Q - - a l i q u o r ?
A I t was a l i q u o r .
Q Di d you s ee Campb el l d r i n k i n g l i q u o r a t a l l -- I
mean, wi ne
A No.
Q -- at a l l ?
A No.
Q And ag ai n, my u nd er s tand i ng i s th at yo u and
Me l i s s a, e x c l u s i v e of th e s h o ts th at she g o t, were d r i n k i n g
c h ar d o nnay, i s t h at c o r r e c t ?
A Mm-hmm.
Q 'Cause you i n i t i a l l y s a i d wh i te wi ne. And I'm
as s u mi ng , when yo u go o u t and o r d er wi ne, you would o r d er ,
wh at?
A Chard onnay.
Q Okay. Have you t al k e d --
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We l l , t h i s i n v e s t i g a t o r , wh at's he l e a v i n g by way
o f mes s ag es fo r you? What's he s ayi ng ?
A "Hey, Vanes s a. I t ' s r e a l l y i mpo r tant. I r e a l l y
need you to c a l l me b ac k ."
Q You k i n d of g et a f l a v o r fo r what th e y'r e t r y i n g
to g et h o l d o f yo u fo r ?
A I know i t ' s r e g ar d i ng Mal i o 's .
Q They as k i ng yo u to do an a f f i d a v i t o r anyth i ng
l i k e th at o r --
A No. He j u s t wants me to c a l l hi m b ac k .
Q Was th e r e anyth i ng at a l l , l o o k i ng b ac k now,
knowi ng what yo u know --
Ob v i o u s l y, t h i n g s d i d n't appear to b e as what th ey
were th at n i g h t .
A R i g h t.
Q Was th e r e anyth i ng about t h at n i g h t t h at would
s u g g es t to you th at per h aps some o f th e a l l e g a t i o n s were
tr u e about Mr. Campb el l b e i ng s e t up?
A Can yo u r e pe at th e q u e s ti o n?
Q Was th e r e anyth i ng about th e ev ents o f t h at ni g h t,
now yo u 'r e l o o k i ng b ac k to th e pas t , th at s u g g es ts to you
th at Mr. Campb el l was b e i ng s e t up by Me l i s s a?
A Lo o k i ng b ac k .
Q Yes .
A I c an s ee how t h at would hav e tak en pl ac e .
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Q Okay.
MR. LOUGHERY: I 'v e g o t --
BY MR. BARTLETT:
Q When yo u s ay you c an s ee how t h at would hav e tak en
pl ac e , what -- ar e yo u s ayi ng b ec au s e of what yo u saw, by
way o f Me l i s s a's ac t i o n s , i t appear ed as though t h at was
what s h e was d o i ng ?
A Yes .
MR. BARTLETT: Go ahead .
EXAMINATION
BY MR. LOUGHERY:
Q Okay. I meant to as k yo u t h i s b e fo r e , a l i t t l e
b i t .
I mean, now we know th at Campb el l was i nv o l v e d
r e pr e s e n t i n g MJ, and Adams &Di ac o r e pr e s e n t s Bubba.
Di d you know t h at th ey were i n a t r i a l -- l e t me
r e ph r as e t h at .
Di d you know th e r e was a t r i a l g o i ng on o f Bubba
and MJ?
A No.
Q Okay. So ev en though i t was i n th e news, you
d i d n't -- th at d i d n't mean anyth i ng to you?
A I d on't pay at t e n t i o n to t h at .
Q Okay. So you -- when you spoke to Me l i s s a th at
ni g h t, s h e d i d n't t a l k to you about t h at c as e o r th at t r i a l
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o r h er i nv o l v ement i n i t o r anyth i ng l i k e t h at .
A No.
Q And when Campb el l and t h i s o th e r guy wer e t a l k i n g ,
yo u nev er r e a l i z e d th at n i g h t t h at th ey wer e l awye r s fo r MJ
o r anyth i ng l i k e t h at , o r d i d you?
A I d i d . He s a i d he n o t i c e d h i ms e l f on th e TV.
Q Th at was my next q u e s ti o n. Th er e was TVs th e r e ,
and th ey were r e po r t i n g th e news and s t u f f .
A Yes .
Q And s o t e l l me about t h at .
A He j u s t s a i d t h at he was on th e news. And Me l i s s a
c hi med i n , "Oh, i s n ' t th at yo u ?"
Q You c o u l d l o o k up; he was on TV.
A Yeah.
Q Okay. And was th e r e any c o nv e r s ati o ns about th e
t r i a l i n any fas h i o n o r j u s t th e r e c o g n i t i o n o f --
A J u s t th e r e c o g n i t i o n .
Q Okay. So you d i d n't o v er h ear any c o nv e r s ati o ns
where i t appear ed th at Me l i s s a was as k i ng about th e t r i a l o r
anyth i ng l i k e t h at .
A No.
Q Okay. Th at was j u s t a s mal l par t . I t was k i nd o f
an as i d e .
A Yes --
Q When i t happened on TV.
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56
1 -- a l l r i g h t .
2 MR. LOUGHERY: Okay. Br u c e?
3 MR. BARTLETT: Th at's a l l I h av e.
4 MR. LOUGHERY: Okay. Th at's a l l I h av e too.
5 So I th ank you fo r c omi ng down.
6 THE STATEMENT WAS CONCLUDED AT 10:57 A.M.
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CERTI FI CATE OF OATH
STATE OF FLORIDA )
I , th e u nd er s i g ned au t h o r i t y, c e r t i f y t h at VANESSA FYKES
pe r s o n al l y appear ed b e fo r e me and was d u l y sworn.
WITNESS my hand and o f f i c i a l s e a l t h i s 18th d ay o f A pr i l ,
2013.
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Q of ntr t!838!932.4431<!l j r mcp sp vhi !924!335.: 611
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REPORTER'S CERTI FI CATE
STATE OF FLORIDA )
I , DONNA M. KANABAY, R e g i s t e r e d Pr o fe s s i o n al Repo r ter ,
c e r t i f y t h at I was au th o r i z e d to and d i d s t e n o g r aph i c al l y
r e po r t th e s tatement o f VANESSA FYKES and t h at th e
t r a n s c r i pt i s a t r u e and c o mpl ete r e c o r d o f my s te no g r aph i c
no te s .
I f u r t h e r c e r t i f y th at I am no t a r e l a t i v e , employee,
at t o r n e y o r c o u ns e l o f any o f th e pa r t i e s , no r am I a
r e l a t i v e o r employee o f any o f th e pa r t i e s ' atto r ne y o r
c o u ns e l c o nnec ted wi t h th e ac t i o n , no r am I f i n a n c i a l l y
i n t e r e s t e d i n th e ac t i o n .
DATED t h i s 18th d ay o f A pr i l , 2013.
N o tar y Pu b l i c
St at e of F l o r i d a at l ar g e .
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I N THE C I R C U I T COURT OF THE THI RTEEN TH J U D I C I A L C I R C U I T
OF THE STATE OF FLORI DA, I N AND FOR HI LLSBOROUGH COUNTY
C I V I L D I V I SI ON
TODD SCHN I TT and MI CHELLE SCHN I TT,
P l a i n t i f f s ,
v s .
COX RADI O, I N C. , and BUBBA RADI O
NETWORK, I N C. , and BUBBA CLEM,
D e f e ndant s .
C as e No.
08-05738
D i v i s i on J
E X C E R P T
TRI AL P ROCEEDI N GS BEFORE THE HONORABLE JAMES D. ARNOLD
(HEARI N G ON MOTION FOR MI STRI AL)
DATE:
TI ME:
P LACE:
REP ORTED BY:
J anu ar y 25, 2013
2:30 p.m. t o 5:36 p.m.
Hi l l s b or ou g h Cou nt y C ou r t h ou s e
800 Eas t Twi g g s S t r e e t
S i x t h Fl oor , Cou r t r oom 1
Tampa, F l or i d a
Deb orah W. McDonal d, RMR, CRR
N ot ar y P u b l i c, St at e of
F l or i d a at L ar g e
P ag es 1 t o 162
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
AP P EARAN CES:
JONATHAN J . EL L I S, ESQUI RE
MINDI M. RI CHTER, ESQUI RE
JEFFREY B. FABI AN , ESQUI RE
JAI ME AUSTRI CH, ESQUI RE
Shumaker, Loop & Ke ndr i ck, LLP
101 Eas t Kennedy Bou l e v ar d
Su i t e 2800
Tampa, F l or i d a 33602
A t t or ne y s f or P l a i n t i f f s
JOSEP H F. DIACO, JR. , ESQUI RE
Adams & Di aco, P.A.
101 Eas t Kennedy Bou l e v ar d
Su i t e 2175
- and -
GREGORY A. HEARI N G, ESQUI RE
BEN JAMI N W. BARD, ESQUI RE
Thomps on, Si z e mor e , Gonz al e z & He ar i ng , P.A.
201 N or t h Fr ank l i n St r e e t
Su i t e 1600
A t t or ne y s f or Def endant s Bubba Radi o
N et work, I nc. , and Bubba Cl em
ALSO P RESEN T:
Todd Sch ni t t
Mi ch e l l e Sch ni t t
Bubba Cl em
N orman S. C anne l l a, Sr . , Es q u i r e
N orman S. C anne l l a, J r . , Es q u i r e
D. Le e P i t i s c i , Es q u i r e
J ake Hans on, S t a f f A t t or ne y
3
1 I N DEX
2
D e s cr i pt i on P age
3
P ROCEEDI N GS 4
4
P LAI N TI FFS' WI TN ESSES:
JONATHAN EL L I S:
5
D i r e ct Ex ami nat i on by Mr. A u s t r i ch 11
C r os s -Ex ami nat i on by Mr. P i t i s c i 28
6
R e di r e ct Ex ami nat i on by Mr. A u s t r i ch 31
MELI SSA P ERSON I US:
7
8
STEP HEN DI ACO:
9
10
RAYMOND FERNANDEZ:
11
12
DEFENDANTS' WI TN ESSES:
13
MELI SSA P ERSON I US:
D i r e ct Ex ami nat i on by Mr. P i t i s c i 111
14
C r os s -Ex ami nat i on by Mr. A u s t r i ch 113
BRI AN MOTRONI:
15
D i r e ct Ex ami nat i on by Mr. P i t i s c i 125
16
C r os s -Ex ami nat i on by Mr. A u s t r i ch 128
16
COURT'S WI TN ESSES:
17
MI CHAEL TRENTALANGE:
Qu e s t i ons by t h e Cou r t 81
18
Qu e s t i ons by Mr. A u s t r i ch 87
Qu e s t i ons by Mr. P i t i s c i 91
19
JONATHAN EL L I S:
Qu e s t i ons by t h e Cou r t 136
20
Qu e s t i ons by Mr. P i t i s c i 137
21
ARGUMENT BY MR. AUSTRI CH 137
22
ARGUMENT BY MR. DIACO 144
23
RULI N G BY THE COURT 151
24
REP ORTER'S CERTI FI CATE 162
25
Riesdorph Reporting Group, I nc . (813) 222-8963
P R O C E E D I N G S
( C a l l t o or de r at 2:30)
THE BA I L I FF: P l e as e r emai n s e at e d. Come t o
or de r . Cou r t i s now i n s e s s i on.
THE COURT: Good af t e r noon. I ' v e t ake n car e
of my emerg ency h e ar i ng . So we're r e ady t o go
f or war d?
MR. EL L I S: Yes , Your Honor.
THE COURT: I b e l i e v e you'v e g ot s ome
w i t ne s s e s u nder s ub poena?
MR. AUSTRI CH: We do, Your Honor.
THE COURT: A l l r i g h t . We're g oi ng t o i nv oke
t h e r u l e on t h e w i t ne s s e s .
MR. EL L I S: Ye s . I f we cou l d appr oach f or
one mi nu t e, Your Honor.
THE COURT: A l l r i g h t .
(At s i de b ar . )
MR. EL L I S: I'm not s u r e t h i s i s cou ns e l
f or one of t h e p a r t i e s . So I'm not s u r e why h e's
up h e r e .
MR. P I TI SC I : Ar e you not h andl i ng t h e
w i t ne s s e s
MR. DI ACO: I t h i nk t h e s e ar e j u s t f or t h e
w i t ne s s e s t h at you'v e c a l l e d t oday . I t h i nk s ome
of t h e w i t ne s s e s who you'v e c a l l e d t oday h av e s ome
r e pr e s e nt at i on, s o
THE COURT: Oh, t h at ' s f i n e .
Mr. C anne l l a, good af t e r noon.
MR. CANNELLA, SR.: Good af t e r noon.
THE COURT: Who ar e you r e pr e s e nt i ng ?
MR. CANNELLA, SR.: We l l , I'm ob v i ou s l y new
i n t h i s mat t e r , Judge. And I'm h e r e on b e h al f of
Mr. St eph en Di aco.
My s on i s h e r e on b e h al f of one Me l i s s a
P e r s oni u s .
THE COURT: Uh-huh.
MR. CANNELLA, SR.: And i f y ou ' l l al l ow me a
mi nu t e or t wo.
I t ' s my u nde r s t andi ng --
THE COURT: We l l , we're g oi ng t o do
e v e r y t h i ng on t h e r e cor d at t h i s poi nt i n t i me.
MR. CANNELLA, SR.: Ye s .
THE COURT: The onl y t h i ng what di d you
want t o t ake up?
MR. EL L I S: The onl y i s s u e I hav e,
Your Honor, t o t h e e x t e nt I t h i nk we're g oi ng t o
i nv oke t h e r u l e
THE COURT: Oh, we ar e g oi ng t o i nv oke t h e
r u l e .
MR. EL L I S: i s I may be c a l l e d as a
w i t ne s s .
THE COURT: We're g oi ng t o i nv oke t h e r u l e .
Mr. C anne l l a, I ' l l l e t you addr e s s me at t h e
podi um.
MR. EL L I S: Your Honor, ev en t h oug h we're
i nv oki ng t h e r u l e and I may be a w i t ne s s , I'm
as ki ng pe r mi s s i on t o s t ay i n .
THE COURT: Any ob j e ct i on?
MR. CANNELLA, SR.: I di dn' t h e ar t h at .
THE COURT: Mr. Di aco, Mr. He ar i ng , any
ob j e ct i on t o cou ns e l s t ay i ng ev en t h oug h he may be
a w i t ne s s ?
MR. HEARI N G: I f i t ' s i nv oke d f or a l l
pu r pos e s , ab s ol u t e l y , he can' t s t ay i f h e's a
w i t ne s s .
THE COURT: Okay.
You ' l l h av e t o s t e p ou t , t oo.
MR. EL L I S: Then I may be t h e f i r s t w i t ne s s ,
Your Honor.
THE COURT: Th at may b e.
MR. EL L I S: Okay. Then I ' l l s t ay .
(Si de b ar concl u de d. )
THE COURT: Mr. C anne l l a?
THE COURT: Any ot h e r pe opl e u nder s ub poena
as w i t ne s s e s , s t e p ou t s i de .
MR. CANNELLA, SR.: Judg e, Norman S.
C anne l l a, Sr .
MR. EL L I S: Your Honor, t o t h e e x t e nt we
h av e n't c a l l e d w i t ne s s e s y e t , may I s t ay i n? The
t e s t i mony h as n' t begun.
THE COURT: You may s t ay i n u n t i l we'v e
c a l l e d t h e f i r s t w i t ne s s .
MR. EL L I S: Thank you, Your Honor.
Mr. C anne l l a?
MR. CANNELLA, SR.: Go ah ead? Th anks .
I'm h e r e on b e h al f of Mr. Di aco, who I
u nde r s t and may be c a l l e d as a w i t ne s s .
I t ' s my f u r t h e r u nde r s t andi ng t h at as a
r e s u l t of t h e mat t e r s wh i ch appear ed i n t h e
news paper t h i s morni ng r e g ar di ng Mr. Campb e l l 's
DUI ch ar g e , t h at t h e Cou r t at a t i me i n t h e v e r y
r e ce nt pas t h e l d a h e ar i ng and de t e r mi ne d t h at
t h e r e was no j u r y cont ami nat i on as a r e s u l t of
t h at s t or y i n t h e news paper.
I t ' s my f u r t h e r u nde r s t andi ng t h at you now
want t o i nq u i r e r e g ar di ng t h e s anct i t y of a
b r i e f c a s e b e l ong i ng t o Mr. Campb e l l .
I f t h at i s i nde e d your i nq u i r y and i t your
i nq u i r y i s a narrow i nq u i r y r e g ar di ng a b r i e f cas e
and no ot h e r mat t e r s , t h en I woul d cons i de r and
more t h an l i k e l y woul d al l ow Mr. Di aco t o t e s t i f y .
Howev er, i f t h e r e ar e ot h e r mat t e r s t h at
become par t of t h e i nq u i r y t h at ar e not d i r e c t l y
r e l a t e d t o t h e i s s u e of t h e b r i e f c a s e and i t s
s a n c t i t y , t h e n I woul d adv i s e Mr. Di aco t o i nv oke
h i s F i f t h Amendment r i g h t .
THE COURT: We l l , at t h i s poi nt ,
Mr. C anne l l a, I don't know e n t i r e l y e v e r y t h i ng
t h at occu r r e d. So I can' t g i v e you an ans wer .
But i f your c l i e n t i s c a l l e d t o t e s t i f y , t h e f i r s t
i nq u i r y w i l l be ab out a b r i e f c a s e .
MR. CANNELLA, SR.: We l l , I h av e t h e n a
ch oi ce . E i t h e r he does not t e s t i f y , or he
t e s t i f i e s and I h av e t o be i n a pos i t i on t o h e ar
t h e q u e s t i on and t h e n make an appr opr i at e
ob j e ct i on.
THE COURT: Th at ' 3 f i ne .
MR. CANNELLA, SR.: Or adv i s e hi m at t h at
poi nt t h at he s h ou l d i nv oke h i s F i f t h Amendment
r i g h t .
THE COURT: Th at ' s f i ne .
MR. CANNELLA, SR.: Okay. Thank you.
THE COURT: We r e ady t o pr oce e d?
MR. P I TI SC I : Your Honor, may I appr oach ?
I t was my u nde r s t andi ng t h at t h e Cou r t was
g oi ng t o be t h e one t h at was as ki ng t h e q u e s t i ons .
I t h i nk i t ' s i nappr opr i at e f or t h i s i s t h i s
i s not a f act - f i ndi ng mi s s i on by, you know, t h e
c i v i l l aw y e r s . I t ' s t o a l l a y t h e C ou r t ' s f e ar s
on on t h i s t r i a l b r i e f c a s e . So t o al l ow t hem
t o s t a r t as ki ng any t y pe of q u e s t i on t h e y want on
a f i s h i n g e x pe di t i on i s i nappr opr i at e .
THE COURT: F i r s t of a l l , we're not g oi ng t o
t r y a DUI t r i a l . Th at ' s not g oi ng t o happen.
MR. P I TI SC I : Okay.
THE COURT: What we ar e g oi ng t o f i nd out i s
ab out t h e s a n c t i t y of t h e b r i e f c a s e and t h e
ci r cu ms t ance s under wh i ch t h e b r i e f cas e came i nt o
s omebody's pos s e s s i on.
MR. P I TI SC I : Okay. I s t h e Cou r t g oi ng t o
as k t h e q u e s t i ons as oppos ed t o oppos i ng cou ns e l ?
I mean, t h i s i s n ' t a t h i s i s n ' t a g r i e v ance
pr oce e di ng . Th i 3 i s n ' t a DUI t r i a l . You know,
t h e r e ' s i t ' s not t h e appr opr i at e v enue f or
THE COURT: We l l , u nf or t u nat e l y t h e Cou r t
doe s n't know and i s not aware of a l l t h e
ci r cu ms t ance s s u r r ou ndi ng what occu r r e d. But I'm
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l i m i t i n g i t t o t h at . And i f t h e r e ' s an ob j e ct i on
t h at ' s l odg ed, I ' l l l i s t e n t o i t .
MR. P I TI SC I : Okay. We're g oi ng t o ob j e ct t o
t h e
THE COURT: And who ar e you r e pr e s e nt i ng ?
MR. P I TI SC I : Mr. Di aco i n t h e c i v i l mat t e r .
THE COURT: Okay.
Have a s e at .
MR. EL L I S: Your Honor, does Mr. Di aco g et
t wo s e par at e cou ns e l ?
THE COURT: I g u es s s o.
MR. EL L I S: Okay.
MR. AUSTRI CH: Your Honor
THE COURT: So ar e you g oi ng t o h andl e t h i s ?
MR. EL L I S: Th i s i s Mr. A u s t r i ch w i t h our
f i r m, Your Honor. I t h i nk h e's g oi ng t o h andl e t o
t h e e x t e nt I may be a w i t ne s s .
Th i s i s your mot i on.
MR. AUSTRI CH: The p l a i n t i f f s c a l l
Jonat h an E l l i s , Your Honor.
THE COURT: Swear t h e w i t ne s s .
THE CLERK: Do you s ol e mnl y s wear or af f i r m
t h e e v i de nce you ar e ab out t o g i v e w i l l be t h e
t r u t h , t h e wh ol e t r u t h , and not h i ng b ut t h e t r u t h ?
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MR. EL L I S: Ye s .
DI RECT EXAMI N ATI ON
BY MR. AUSTRI CH:
Q. P l e as e s t ar e your name f or t h e r e cor d.
A. Jonat h an E l l i s .
THE COURT: P l e as e
MR. DI ACO: Your Honor, may I h av e a moment
f or Mr. C anne l l a t o come up and t ake my s e at ?
Judg e, I j u s t want t o g i v e h i m an oppor t u ni t y
Here you go, Mr. C anne l l a. Take my s e at .
THE COURT: A l s o, pl e as e s p e l l y ou r l a s t name
f or t h e r e cor d.
MR. EL L I S: E - l - l - i - s .
THE COURT: You may i nq u i r e .
MR. AUSTRI CH: Thank you, Your Honor.
BY MR. AUSTRI CH:
Q. Can you t e l l us i n y ou r own words what
h appened on t h e ni g h t of Wednes day, J anu ar y 23r d?
A. Yeah . I t h i nk we f i n i s h e d t r i a l h er e and we
went b ack t o P h i l Campb el l and I w i t h ou r t r i a l t eam
went b ack t o t h e of f i c e . I t h i nk we u nl oade d ou r
s t u f f , and s h or t l y af t e r w ar ds P h i l Campb el l and I
ag r e e d t h at we woul d meet at Mal i o' s f or a f or a
dr i nk.
Q. Now, y ou r of f i c e s ar e l ocat e d i n t h e Bank of
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A me r i ca P l az a on 101 Eas t Kennedy St r e e t ; i s n ' t t h at
cor r e ct ?
A. C or r e ct . I t ' s k i t t y - cor ne r , I t h i nk, t o
wh ere Mal i o' s i s l ocat e d.
Q. Okay. I t ' s j u s t acr os s t h e s t r e e t ?
A. Ye s .
Q. Di d Mr. Campb el l h av e h i s b r i e f cas e on hi m
when you s aw hi m at Mal i o' s ?
A. I don't know.
Q. Okay. When you were at Mal i o' s , di d you h av e
occas i on t o s peak w i t h any members any women t h at
were t h e r e ?
A. Yeah . I t h i nk t h e r e were a t h e r e was a
woman t h at was s e at e d t o my r i g h t when I s at down. I
t h i nk t h e r e was a s e at t h at was open ne x t t o me.
Mr. Campb el l s at i n t h at s e at ab out f i v e or t e n mi nu t es
l a t e r . And t h e n I t h i nk ab out an h our, h our and a
h a l f , t wo h ou r s l a t e r , we wound up h av i ng t wo women
t ake t h e s e at s r i g h t nex t t o Mr. Cam t h e s e at r i g h t
ne x t t o Mr. Campb e l l and t h e one a f t e r t h at .
Q. And what t i me was t h at when t h e y got t h e r e ?
A. You know, I'm not p os i t i v e . My g u e s s woul d
b e s omewhere b et ween ab out 7:00 and 8:30, s omewhere i n
t h at r ang e . I'm not s u r e .
Q. Th e s e t wo women, were t h e y b r u ne t t e , b l ond?
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A. One was b r u ne t t e . And I t h i nk t h e ot h e r one
2 was a l s o b r u ne t t e , b u t I'm not p os i t i v e .
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Q. And can you e s t i mat e t h e i r how ol d di d
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t h e y l ook t o you?
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A. You know, pr ob ab l y i n t h e i r e ar l y , rai d 30s .
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Q. Okay. Di d you a c t u a l l y s peak t o e i t h e r one
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of t hem?
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A. Ye s . I --
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Q. Whi ch one?
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A. Bot h of t hem. I t h i nk we s t ar t e d t a l k i n g a
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l i t t l e b i t . And I ' d as ke d t h e one t h at was s e at e d
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r i g h t ne x t t o P h i l , you know, wh ere s h e had worked, as
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t h e conv e r s at i on pr og r e s s e d. She i ndi cat e d t h at s h e
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was an a s s i s t a n t
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MR. P I TI SC I : Your Honor, I'm g oi ng t o
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ob j e ct . Th i s i s h e ar s ay . I mean, s h e ' s not a
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par t y t o t h e cas e .
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THE COURT: Your ob j e ct i on' s ov e r r u l e d.
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THE COURT: I n f act , who's doi ng t h e i nq u i r y ,
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Mr. He ar i ng or Mr. Di aco?
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MR. DI ACO: Mr. C anne l l a
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THE COURT: Th i s i s on a mot i on f or m i s t r i a l .
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MR. HEARING: Judge, may we appr oach ?
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THE COURT: Ye s .
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(At s i de b ar . )
MR. DI ACO: I was n't i nv ol v e d i n t h e s e
e v e nt s .
THE COURT: Sor r y ?
MR. DI ACO: I was n't i nv ol v e d i n t h e s e
e v e nt s . I don't h av e any cr os s
THE COURT: I'm not s ay i ng t h at you were
i nv ol v e d i n t h e e v e nt s . Th ey h av e moved f or a
m i s t r i a l .
MR. DI ACO: I u nde r s t and t h at .
THE COURT: Mr. Di aco i s not a par t y t o t h e
l aw s u i t .
MR. DI ACO: P i t i s c i I'm s or r y f or t h e
r e cor d.
THE COURT: We l l , h i s c l i e n t i s . Mr. Di aco
i s not a par t y t o t h e l aw s u i t . Mr. Cl em i s a
par t y t o t h e l aw s u i t . You t wo g ent l emen r e pr e s e nt
Mr. Cl em. He r e pr e s e nt s Mr. Di aco.
We ar e h e r e on a mot i on f or a m i s t r i a l . We
ar e not h e r e on any ot h e r i ndi v i du al i n d i v i d u a l
act i on ag ai ns t Mr. Di aco. Th i s i s t h i s i s a
mot i on f or a m i s t r i a l . You g ent l emen ar e t h e
at t or ne y s .
MR. DI ACO: I woul d j u s t t h e n s ay f or t h e
r e cor d t h at i t ' s d i f f i c u l t f or me t o cr os s -e x ami ne
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a w i t ne s s t h at I h av e no knowl edge as t o what
h appened ot h e r t h an what h e ' s g oi ng t o s ay h e r e i n
cou r t .
THE COURT: N e i t h e r do I .
MR. DI ACO: Okay.
THE COURT: And t h i s i s why we're h e r e .
MR. DI ACO: We l l , t h e n I
THE COURT: We're h e r e t o t r y t o f i nd out
what h appened.
MR. DI ACO: You s h ou l d pr ob ab l y do i t due
t o I don't know how we can do i t
MR. AUSTRI CH: J u s t l i k e you do i n any ot h e r
t r i a l .
MR. DI ACO: Ex cu s e me.
MR. AUSTRI CH: You condu ct --
THE COURT: Wai t a s e cond.
We don't know I don't know what
Mr. D i aco' s g oi ng t o s ay . I don't know what t h i s
par al e g al ' s g oi ng t o s ay .
My of f i c e h as been cont act e d by s omeone who
h as i nf or mat i on conce r ni ng what occu r r e d t h at
e v e ni ng , and I don't know what t h at pe r s on i s
g oi ng t o s ay . Th at pe r s on i s g oi ng t o be maki ng
t h e ms e l v e s a v a i l a b l e i f needed.
I u nde r s t and we h av e s ome pol i ce of f i c e r s who
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ar e under s ub poena. I don't h av e any i de a what
t h e y ' r e g oi ng t o s ay . But we're g oi ng t o f i nd
ou t .
MR. HEARING: We l l , Judge, b e cau s e of t h e
a l l e g a t i on s t h at Mr. Di aco and I h av e done
s omet h i ng i mpr oper t h at were made i n open cou r t
t h i s morni ng , Mr. Di aco and I pu r pos e l y h av e not
b een i nv ol v e d i n t h e pr oce s s of t h i s s i nce we
l e ar ne d of t h i s t h i s morni ng . He and I l e ar ne d
ab out t h i s l a s t ni g h t , and we h av e not b een
i nv ol v e d i n t h e dev el opment of t h e f a c t s . We
don't know any t h i ng ab out t h e f a c t s ab out t h i s .
Th at w i l l , i n f a c t , come ou t .
THE COURT: I f you g ent l emen don't want t o
as k q u e s t i ons , t h at ' s up t o y ' a l l . But we're h er e
on a mot i on f or a m i s t r i a l i n t h e Cl em cas e , and
y ou ' r e t h e at t or ne y s f or Mr. Cl em.
MR. HEARI N G: And we h av e d i f f e r e n t cou ns e l
f or t h e p l a i n t i f f s t h at ar e now t h at ' s now
i nq u i r i ng and
MR. AUSTRI CH: Your Honor, I work
THE COURT: He's w i t h t h e i r f i r m.
MR. AUSTRI CH: And not onl y t h at , t h e r e ' s a
r u l e ab out h av i ng pr i mar y w i t ne s s as cou ns e l .
THE COURT: I f you h av e s omeone e l s e i n y ou r
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f i r m t h at want s t o g e t i nv ol v e d
MR. HEARI N G: We l l , we
THE COURT: or s omeone e l s e i n --
MR. HEARI N G: Mr. P i t i s c i can make an
appe ar ance on b e h al f of Mr. Cl em and make i nq u i r y
as w e l l .
THE COURT: I f Mr. Cl em au t h or i z e s i t , t h at ' s
f i n e .
MR. HEARI N G: We j u s t h av e t o
THE COURT: I want t o f i n d ou t who's
r e pr e s e nt i ng whom. Fi g u r e i t ou t .
MR. CANNELLA, SR.: Judg e, I'm h e r e f or one
r e as on.
THE COURT: I know you ar e . I u nde r s t and
t h at .
MR. CANNELLA, SR.: Th ank you.
MR. AUSTRI CH: Th at ' s t h e q u i ck e s t c on f l i c t
ch e ck I ' v e e v e r s e e n, Your Honor.
THE COURT: You're not on t h e c i v i l s u i t .
Th e s e g ent l emen r e pr e s e nt Mr. Cl em. You ' l l h av e
an Mr. Cl em's at t or ne y s , whoev er t h e y ar e , w i l l
h av e an oppor t u ni t y t o cr os s -e x ami ne any
w i t ne s s e s .
MR. HEARI N G: We ' l l conf e r .
THE COURT: Okay.
MR. HEARI N G: Thank you.
P r oceed.
MR. DIACO: May we h av e a moment t o conf e r ,
Judg e?
THE COURT: Su r e .
MR. DIACO: You r Honor, Mr. Cl em i s okay w i t h
Mr. P i t i s c i r e pr e s e nt i ng hi m f or t h e pu r pos e s of
t h i s mot i on.
THE COURT: I s t h at cor r e ct , Mr. Cl em?
MR. CLEM: Ye s . Yes , Your Honor.
THE COURT: A l l r i g h t , s i r .
MR. CLEM: Th ank you.
THE COURT: You may pr oce e d.
BY MR. AUSTRI CH:
Q. Was i t t h e b l ond or t h e b r u ne t t e t h at made
t h at r e pr e s e nt at i on?
A. I don't t h i nk t h e r e was a b l ond. I t h i nk
t h e r e was a woman who was a b r u ne t t e and anot h e r one
t h at may h av e b een s or t of , you know, l i g h t brown or
r e d or s omet h i ng . I don't know t h at i t was b l ond. But
i t was t h e b r u ne t t e t h at i ndi cat e d t h at s h e worked
f or s or r y . I f or g e t t h e q u e s t i on t h at ' s pendi ng ,
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s i r .
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Q. Di d e i t h e r you or Mr. Campb el l i n y ou r
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pr e s e nce i nq u i r e as t o where e i t h e r of t h e women
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worked?
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A. We i nq u i r e d or I a c t u a l l y i nq u i r e d i nt o
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wh ere b ot h of t hem worked.
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Q. Okay. And what di d
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MR. P I TI SC I : Your Honor, ag ai n, t h i s i s
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compl e t e h e ar s ay . Can I h av e a s t andi ng ob j e ct i on
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t o a l l of t h i s h e ar s ay ?
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THE COURT: Th at ' s f i n e .
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THE WI TN ESS: I was I was t ol d, wh i ch I
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t h i nk we l a t e r l e ar ne d out was not t r u e , was t h at
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t h e one woman, t h e b r u ne t t e t h at was s i t t i n g
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ne ar e s t t o u s , i ndi cat e d I t h i nk s h e worked f or
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N at Car ne y or as N at Car ne y ' s a s s i s t a n t at t h e
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l aw f i r m of Trenam Kemker.
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BY MR. AUSTRI CH:
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Q. J u s t s o I'm c l e a r , t h e b r u ne t t e t ol d you or
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wh at e v e r -- t h e dar ke r - h ai r e d l ady t ol d you h e r s e l f
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t h at s h e was an empl oyee at Trenam Kemker?
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A. Ye s .
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Q. Okay.
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A. And h e r name i s Me l i s s a.
Q. Okay. Di d you g et a l a s t name f rom h e r ?
A. I di d not t h at ni g h t .
Q. Okay. Di d you l e av e by y ou r s e l f t h at
e v e ni ng ?
A. Ye s .
Q. Okay. And what was your ne x t occas i on t o
w e l l , s t r i k e t h at .
Di d t h e r e come a t i me when we di s cov e r e d
t h at t h at you di s cov e r e d Mr. Campb e l l ' s t r i a l bag
was mi s s i ng ?
A. Ye s .
Q. Okay. And di d you make i nq u i r y i nt o t h e
l oc a t i on of i t ?
A. Ye s . When I g ot b ack t o t h e of f i c e t h e
f ol l ow i ng morni ng , wh i ch I t h i nk was y e s t e r day morni ng ,
I i mme di at e l y s t ar t e d l ooki ng i nt o t h e we b s i t e of
Trenam Kemker t o t r y t o f i g u r e out N at Car ne y ' s
a s s i s t a n t . I wound up c a l l i n g t h at of f i c e a f ew t i me s ,
I t h i nk, b e f or e e i g h t o' cl ock. And I t h i nk at
e i g h t o' cl ock when t h e I t h i nk i t was e i g h t o' cl ock
when t h e s wi t ch b oar d opened, wound up s pe aki ng t o t h e
r e c e p t i on i s t , who pas s e d me t o N at Car ne y ' s a s s i s t a n t .
And t h e n I l e f t a mes s age f or h e r . But t h e name I g ot
f or h i s a s s i s t a n t was s u b s t a n t i a l l y d i f f e r e n t t h an t h e
name Me l i s s a. And t h e v oi ce di dn' t s ound t h e s ame.
2 1
1 I t h e n wound up l ook i n g t o s e e mayb e I
2 mi s u nde r s t ood, i t w as n' t N at C ar ne y ; i t was anot h e r
3 N at . I t h i n k I c a l l e d t h a t N at a t t h e Tr e nam Kemker
4 I f or g e t t h e l a s t name o f f i c e i n Tampa. And t h a t
5 a s s i s t a n t w as n' t t h e w as n' t t h e s ame pe r s on i n
6 e i t h e r .
7
Q . Okay . Now, a t s ome p oi n t d u r i n g t h e day , d i d
8 y ou h av e a c on v e r s a t i on w i t h oppos i ng c ou n s e l ?
9 THE COURT: Wi t h whom?
10 MR. AUSTRI CH: S t r i k e t h a t , a c t u a l l y .
11 BY MR. AUSTRI CH:
12 Q. D i d y ou a t t e n d a h e a r i n g t h a t mor ni ng ?
13 A. Ye s .
14 Q . And was oppos i ng c ou n s e l p r e s e n t a t t h a t
i s h e a r i n g ?
16 A. Th e r e we r e a numb er of oppos i ng c ou n s e l
1
7
p r e s e n t . I t h i n k t h e r e was J a y D i aco t h a t was p r e s e n t .
18 Mr. He ar i ng was p r e s e n t . And t h e n t h e r e was
19 St e v e D i aco t h a t was i n s e e me d t o b e i n t h e
20 b ackg r ou nd.
21 Q . Was t h e r e any d i s c u s s i on b e f or e , du r i ng , or
22 a f t e r t h e h e a r i n g r e g ar di ng Mr. C ampb e l l ' s b r i e f c a s e ?
2 3
A. Th e r e was not d i s c u s s i on w e l l , I t h i n k
2 4
t h e r e was d i s c u s s i on i n t e r n a l l y r e g a r d i n g t h e
25 b r i e f c a s e . Bu t i n t e r ms of w i t h oppos i ng c ou n s e l ,
22
t h e r e was no di s cu s s i on b e f or e t h e h e ar i ng . Th e r e was
no di s cu s s i on du r i ng t h e h e ar i ng . Th e r e was no
di s cu s s i on I t h i nk when we went up t o ch amb ers b e cau s e
we were de al i ng w i t h j u r y i n s t r u c t i on s at t h at poi nt
ab out i t .
And when I g ot b ack t o t h e of f i c e s h or t l y
af t e r w ar ds , I h ad a c a l l f rom a f rom St e v e D i aco
at l e a s t was t h e e -mai l had c a l l e d me and want ed t o
t a l k . I t h i nk t h e e -mai l was f rom my a s s i s t a n t and had
b ot h h i s r e g u l ar number on i t and h i s c e l l phone
number.
THE COURT: What t i me was t h at ?
THE WI TN ESS: I woul d I don't h av e t h e
e -mai l i n f r ont of me, b u t i t woul d h av e b een
my g u e s s i s ar ou nd ar ou nd 2 :00-i s h , b u t I cou l d
be a l i t t l e I cou l d be wrong, Your Honor.
THE COURT: 2:00 p.m.?
THE WI TN ESS: Around 2:00 p.m. i s my g u e s s .
I cou l d t r y t o f i nd t h e e -mai l , i f t h e Cou r t woul d
want i t .
BY MR. AUSTRI CH:
Q. Di d you r e t u r n t h e phone c a l l ?
A. I wai t e d ab out an h our, t wo h ou r s , maybe
t o t o r e t u r n t h e phone c a l l . I t h i nk I r e t u r ne d
or , a c t u a l l y , I r e t u r ne d t h e phone c a l l I ' d s ay ar ou nd
23
1
3:00 or I t ake t h at b ack.
2
I t h i nk t h e mes s ag e t o c a l l Mr. Di aco was at
3
t h e of f i c e when I g ot b ack at ab out noon or 12:30. And
4
I t h i nk I r e t u r ne d t h e c a l l ar ou nd 2:00, s omewhere
5
b et ween I t h i nk t h e 2:00 or 3:00 t i me pe r i od. And
6
t h e r e was a di s cu s s i on at t h at poi nt , wh i ch I won't g et
7
i nt o t h e s p e c i f i c s of , de al i ng w i t h
8
Q. We l l , t h at ' s not i mpor t ant
9
A. de al i ng w i t h s e t t l e me nt . But t h at was i t .
10
And I t h i nk we each hung up.
11
Q. Okay. So you a c t u a l l y s poke w i t h
12
St eph en D i aco?
13
A. Ye3, on I t h i nk i t was on h i s c e l l phone
14
l i n e .
15
Q. And di d t h e s u b j e ct of t h e b r i e f c a s e come up?
16
A. N ot i n t h at conv e r s at i on.
17
Q. Okay. Di d you know at t h at poi nt i n t i me who
18
mi g h t h av e had t h e b r i e f cas e ?
19
A. I f or g e t t h e s p e c i f i c s of i t . I b e l i e v e we
20
were b e g i nni ng t o put t og e t h e r who t h e pe r s on was t h at
21
we t h at was s i t t i n g ne x t t o P h i l at Mal i o' s . But I
22
don't t h i nk we had l i nk e d i t y e t t o t h e b r i e f cas e or
23
ot h e r t h i ng s . I t was s or t of f l ow i ng .
24
Q. Su r e . And di d you at s ome poi nt i n t i me
25
r e ach a concl u s i on as t o t h e i d e n t i t y and t h e empl oy er
24
f or t h e young l ady , t h e dar k- h ai r e d l ady who was at
Mal i o' s t a l k i n g t o P h i l Campb e l l ?
A. I t h i nk s omebody i n t h e of f i c e as ke d me, i n
s h owi ng me a pi ct u r e of t h e woman, as ke d me i f t h i s was
t h e woman and i ndi cat e d and when I t h ou g h t t h at i t
l ooke d l i k e t h e woman, f i r s t name was Me l i s s a, I t h i nk
r e ach e d t h e concl u s i on s h or t l y a f t e r t h at t h at s h e was
empl oyed wi t h t h e Adams & Di aco f i r m.
At t h at poi nt we
MR. AUSTRI CH: Your Honor, may I appr oach ?
THE WI TN ESS: Ye s .
MR. AUSTRI CH: Your Honor?
THE COURT: Ye s .
BY MR. AUSTRI CH:
Q. I ' v e handed you wh at 's b een marked as
P l a i n t i f f s ' Ex h i b i t 186.
Do you r e cog ni z e t h at as a document
cont ai ni ng a pi ct u r e t h at you were
MR. P I TI SC I : Your Honor, we ob j e ct t o
i nt r odu ct i on of t h i s i nt o e v i de nce . I mean, t h i s
i s
THE COURT: I h av e n' t h e ar d anybody i nt r odu ce
i t .
MR. P I TI SC I : Okay. We l l , I'm
THE COURT: Th ey marked an e x h i b i t .
25
MR. P I TI SC I : Okay. I ' l l w ai t .
BY MR. AUSTRI CH:
Q. Do you r e cog ni z e t h at as a pi ct u r e t h at you
were s hown?
A. Ye3.
Q_. Okay. I s accor di ng t o t h e pr i nt ou t on
E x h i b i t 186
THE COURT: Don't di s cu s s t h e pr i nt ou t .
BY MR. AUSTRI CH:
Q. who i s i n t h e ph ot og r aph ?
A. I --
THE COURT: Ot h er t h an t h e name.
MR. AUSTRI CH: L e t me
THE WI TN ESS: Me l i s s a Anne t t e i f I'm
pr onou nci ng i t c or r e c t l y -- P e r s oni u s .
MR. P I TI SC I : Wai t .
BY MR. AUSTRI CH:
Q. Okay. And on t h e s econd page of t h e
document , whom does i t s t at e t h at Ms . P e r s oni u s works
f or ?
A. I don't s e e i t .
Q. I'm s or r y . I t mus t be t h e t h e v e r y t op of
t h e s econd pag e.
A. Adams and
THE COURT: J u s t a s econd. J u s t a s econd.
26
1 MR. AUSTRI CH: Ye s .
2
BY MR. AUSTRI CH:
3
Q. Cou l d you r e ad t h e name
4
THE COURT: You may ans wer t h at q u e s t i on.
5
THE WI TN ESS: Adams & Di aco, i ndi cat e s
6
par al e g al , and i t g i v e s t h e addr e s s of 101 Eas t
7
Kennedy, Su i t e 2175.
8
BY MR. AUSTRI CH:
9
Q. Okay. And at what poi nt i n t i me di d you s e e
10
t h i s document ?
11
A. I f or g e t t h e e x act pe r i od t h at we s aw t h e
12
document . I know t h at I i d e n t i f i e d i t f rom t h e
13
pi ct u r e . I'm not s u r e I was i d e n t i f i e d i t f or t h e
14
f i r m name ot h e r t h an b e i ng i nf or me d t h at i t was l ocat e d
15
t h at t h at was h e r .
16
Q. And what di d you do t h e n?
17
A. My g u e s s i s around 4:00 ab out 3:30, I
18
c a l l e d t h e Adams & Di aco f i r m t o s peak w i t h
19
Ms . P e r s oni u s .
20
Q. Okay. And di d you r e ach h e r ?
21
A. No.
22
Q. Then what di d you do? Di d you l e av e h e r a
23
mes s ag e?
24
A. No.
25
Q. Di d you s peak w i t h anyone?
27
A. I s poke w i t h t h e r e ce pt i oni s t , who i ndi cat e d
t h at s h e woul d be t h at s h e was gone t h at day, b ut
s h e woul d be b ack t omorrow.
Q. Meani ng t oday ?
A. Ye s .
Q. Okay. And t h e n what di d you do?
A. Hung up t h e phone.
Q. Okay. Di d you
A. Oh, I f or g e t wh et h er t h e y put me i nt o v oi ce
mai l . And I l i s t e n e d t o t h e v oi ce , wh i ch was s or t of
s i m i l a r , b ut hung up wi t h ou t l e av i ng a mes s ag e.
Q. Di d you make any e f f or t t o r e ach Mr. Di aco?
A. I t was ab out h al f an h our or an h our l a t e r , I
t h i nk, t h at
THE COURT: Whi ch Mr. Di aco?
THE WI TN ESS: Th at I c a l l e d St eph en Di aco
b ack. And I t ol d hi m t h at I b e l i e v e d h i s
par al e g al had Mr. Campb e l l ' s b r i e f cas e .
BY MR. AUSTRI CH:
Q. And how di d he r es pond?
A. Yeah , I know. And t h at he was i ndi cat e d
t h at t h e y were a f t e r I c a l l e d , t h e y were i n t h e
pr oce s s of t h e y were g oi ng t o r e t u r n i t t o t h e
b u i l di ng .
I as ke d hi m i f he cou l d b r i ng i t up t o ou r
28
of f i c e . He s a i d no, t h at he di dn' t know i f t h e of f i c e
was g oi ng t o be open or not and he was j u s t g oi ng t o
drop i t of f at t h e b u i l di ng i t s e l f .
Q. Di d he i ndi cat e who had t h e b ag ?
A. I t h i nk when I t ol d h i m I t h ou g h t t h e
par al e g al had i t , t h e r e s pons e I g ot was , I know.
MR. AUSTRI CH: No f u r t h e r q u e s t i ons ,
Your Honor.
CROSS-EXAMI N ATI ON
BY MR. P I TI SC I :
Q. Now, we're h e r e t oday t o de t e r mi ne t h e
i n t e g r i t y of t h at b r i e f cas e . You u nde r s t and t h at ,
cor r e ct ?
THE COURT: We ar e h e r e t oday on a mot i on f or
a m i s t r i a l .
Q. But f or pu r pos e s of y ou r q u e s t i ons , we're
h e r e t o de t e r mi ne t h e i n t e g r i t y of t h e b r i e f cas e ,
cor r e ct ?
A. R i g h t h e r e now I'm h e r e t o ans wer y ou r
q u e s t i ons t r u t h f u l l y .
Q. Okay. So do you h av e any e v i de nce wh at s oe v e r
t h at t h at b r i e f cas e was opened, or ar e you j u s t maki ng
an a l l e g a t i on ? Do you h av e any e v i de nce f or t h i s Cou r t
29
t h at t h at b r i e f c a s e was opened by anyone at t h e Adams &
Di aco f i r m or any par al e g al or any or ar e you j u s t
maki ng an accu s at i on?
A. I'm not s u r e what i s t h e accu s at i on
Q. We l l , t h e i nf e r e nce
A. accu s at i on t h at y ou ' r e s ay i ng .
Q. The i nf e r e nce i s t h at you ar e s ay i ng t h at
s omebody opened t h e b r i e f c a s e . Do you h av e any
e v i de nce wh at s oe v e r t o t h at e f f e c t ?
A. I'm not s u r e t h at accu s at i on was made. I
t h i nk what I s a i d i s t h at we h av e g r av e conce r n t h at
t h e Adams & Di aco f i r m h ad pos s e s s i on of t h at
b r i e f c a s e .
Q. Okay. I'm g oi ng t o as k you t h e q u e s t i on
ag ai n.
Do you h av e any e v i de nce t h at t h at b r i e f cas e
was opened?
A. You mean do I h av e any e v i de nce t h at anybody
at t h e Adams & Di aco f i r m opened t h e b r i e f cas e ?
S i t t i n g h e r e , I don't know one way or t h e ot h e r .
Q. Okay. And you don't h av e any i de a how t h e
b r i e f c a s e g ot i n pos s e s s i on of Adams & D i aco?
A. I h av e an i de a.
Q. You h av e an i de a, b u t you h av e no e v i de nce ,
cor r e ct ?
30
1
THE COURT: Th at ' s ar g u me nt at i v e , cou ns e l .
2
3
THE COURT: As k a q u e s t i on.
4
5
Q.
The b r i e f cas e g ot r e t u r ne d t o you, cor r e ct ?
6
A. No.
7
Q.
Di d i t g et r e t u r ne d t o t h e f i r m?
8
A. I b e l i e v e i t was r e t u r ne d t o t h e b u i l di ng .
9
Q.
Okay. At s ome poi nt di d y ou r f i r m come i nt o
10
pos s e s s i on of t h e t r i a l b r i e f c a s e ?
11
A. I b e l i e v e s o.
12
Q.
Okay. And t h at was t h e day t h at you t al k e d
13
t o Mr. Di aco, St e v e D i aco?
14
A. Ye s .
15
MR. P I TI SC I : Okay. Th at ' s a l l I h av e.
16
Th ank you.
17
MR. HEARI N G: Wai t . One s econd.
18
19
Q.
Do you h av e any e v i de nce t h at Mr. He ar i ng ' s
20
l aw f i r m, Thomps on and Si zemor e, h ad pos s e s s i on of t h at
21
b r i e f c a s e at any poi nt i n t i me ?
22
A. Ev i de nce ?
23
Q. Ye s .
24
A. I mean, I don't know one way or t h e ot h e r
25
wh et h er Mr. He ar i ng ' s f i r m had pos s e s s i on of t h e
31
b r i e f c a s e or not .
MR. P I TI SC I : Okay. Thank you.
MR. AUSTRI CH: I j u s t h av e one f ol l ow-u p
q u e s t i on, You r Honor.
REDI RECT EXAMINATION
BY MR. AUSTRI CH:
Q. What t i me di d Shumaker, Loop & Ke ndr i ck
f i n a l l y ob t ai n pos s e s s i on of t h e b r i e f cas e ?
A. I b e l i e v e i t was i n t h e e v e ni ng , y e s t e r day
e v e ni ng .
Q. Okay. Thank you.
I t was a f t e r b u s i ne s s h ou r s , cor r e ct ?
A. I b e l i e v e i t was a f t e r b u s i ne s s h ou r s .
You r Honor.
THE COURT: Thank you. You may s t and down.
MR. EL L I S: Thank you, Your Honor.
THE COURT: C a l l your nex t w i t ne s s .
MR. AUSTRI CH: Your Honor, p l a i n t i f f c a l l s
Me l i s s a P e r s oni u s .
MR. EL L I S: I'm g oi ng t o as k f or pe r mi s s i on
now t o s t ay i n .
THE COURT: Any ob j e ct i on?
MR. DI ACO: Ye s .
32
THE COURT: What 's t h e b as i s ?
MR. DI ACO: I ' l l l e t you
THE COURT: Hi s t e s t i mony i s concl u de d.
MR. P I TI SC I : I may c a l l hi m i n my cas e .
MR. DI ACO: I n r e b u t t a l .
MR. P I TI SC I : I n r e b u t t a l .
THE COURT: St ep ou t .
THE BA I L I FF: Cou ns e l , t h e name one more
t i me , pl e as e ?
MR. AUSTRI CH: Me l i s s a P e r s oni u s .
(Mr. E l l i s l e av e s t h e court room. )
(Ms . P e r s oni u s e nt e r s t h e court room. )
THE BA I L I FF: P l e as e s t and h e r e . Face t h e
c l e r k . R ai s e y ou r r i g h t h and.
t r u t h , t h e wh ol e t r u t h , and not h i ng b u t t h e t r u t h ?
THE WI TN ESS: I do.
THE BA I L I FF: P l e as e t ake a s e at .
THE COURT: Have a s e at , pl e as e .
Woul d you pl e as e s t at e y ou r f u l l name and
s p e l l your l a s t name.
THE WI TN ESS: Me l i s s a P e r s oni u s ,
P -e -r -s -o-n-i -u -s .
THE COURT: Speak i nt o t h e mi croph one and
33
1
s peak r i g h t up.
2
You may i nq u i r e .
3
4
DI RECT EXAMINATION
5
BY MR. AUSTRI CH:
6
Q.
Ms . P e r s oni u s , where ar e you empl oyed?
7
A. Adams & Di aco.
8
Q. And what i s your t i t l e t h e r e ?
9
A. L e g al a s s i s t a n t .
10
Q. How l ong h av e you b een t h e r e ?
11
A. Fi v e y e ar s i n Ju ne.
12
Q. And who do you r e por t t o?
13
A. Rob er t Adams .
14
Q. And what ki nd of l aw does he p r a c t i c e ?
15
A. P e r s onal i n j u r y and i ns u r ance de f e ns e .
16
Q. Okay.
17
THE COURT: You're g oi ng t o h av e t o s peak up.
18
THE WI TN ESS: Okay.
19
BY MR. AUSTRI CH:
20
Q. Have you e v e r worked on t h i s cas e ? By t h at I
21
mean Mr. Sch ni t t ag ai ns t Bubba Cl em.
22
A. Ov er t h e l a s t f i v e y e ar s , b r i e f l y , pr ob ab l y
23
t wo or t h r e e y e ar s ago.
24
Q. Have you e v e r worked on pr oj e ct s w i t h
25
Mr. St eph en D i aco or h i s b r ot h e r , Mr. Di aco?
34
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. P r oj e ct s on t h e cas e ?
Q. On any t h i ng .
A. Ye s .
Q. How ab out on t h i s cas e ?
A. No.
Q. Di d you go t o Mal i o' s on t h e e v e ni ng of
Wednes day, J anu ar y 23r d?
A. Ye s .
Q. Can you t e l l us i n y ou r own words how you
ended up t h e r e and what h appened?
A. I went w i t h a f r i e nd. We s at at t h e b ar .
Q. And what was y ou r f r i e nd' s name?
A. V ane s s a.
Q. Does s h e h av e a l a s t name?
A. Fy ke s .
Q. I'm s or r y . Can you s p e l l t h at ?
A. F-y -k-e -s .
Q. Okay. I'm s or r y . I'm as ki ng t h e q u e s t i ons ,
not t h e g uys ov e r t h e r e .
Can you t e l l us what h appened i n y ou r own
wor ds ?
MR. CANNELLA, JR. : Judg e, I'm g oi ng t o h av e
t o ob j e ct at t h i s poi nt .
I'm g oi ng t o h av e t o h av e a conf e r e nce w i t h
my c l i e n t b e f or e s h e ans we r s any f u r t h e r q u e s t i on
35
on t h e g r ou nds i t may i ncr i mi nat e h e r .
THE COURT: Go ah ead.
Do you wi s h t o s t e p down, Mr. C anne l l a, s o
you can h av e a pr i v at e conv e r s at i on?
MR. CANNELLA, JR. : Yes , s i r .
You may s t e p down.
(Cou ns e l conf e r r i ng w i t h t h e w i t ne s s . )
THE COURT: As k your q u e s t i on.
BY MR. AUSTRI CH:
Q. Can you t e l l us i n y ou r own words what
h appened t h at e v e ni ng ?
A. Under adv i ce of cou ns e l , I i nv oke my r i g h t t o
t h e F i f t h Amendment .
Q. So you ar e not pr e par e d t o ans wer any
q u e s t i ons ab out what happened at Mal i o' s on t h e e v e ni ng
of Wednes day, J anu ar y 23r d, 2013?
A. I i nv oke my r i g h t t o t h e F i f t h Amendment .
Q. How ab ou t t h e morni ng of J anu ar y 24t h , 2013,
can you t e l l us what happened t h at morni ng ?
A. I n r e g ar ds t o?
Q. We l l , when di d you f i r s t put y ou r hands on
t h e b r i e f c a s e t h at was owned by Mr. Campb e l l ?
A. I t was I di s cov e r e d t h e b r i e f cas e i n t h e
af t e r noon of t h e 24t h s omet i me b e f or e 3:00 p.m.
36
X
Q.
And what di d you do once you di s cov e r e d i t ?
2 A. I c a l l e d my b os s and i nf or me d hi m.
3
Q.
Who's y ou r b os s ?
4
A. Rob e r t Adams .
5
Q. Okay. And what di d you t e l l Mr. Adams
6
e x act l y ?
7
A. Th at I had j u s t di s cov e r e d t h e b r i e f cas e was
8
i n my car .
9
Q. Okay. And t h e n what d i d he t e l l you?
10
A. He t ol d me not t o do any t h i ng w i t h i t and t o
11
w ai t and he wou l d i nf or m me what t o do.
12
Q.
Was he i n t h e of f i c e when you r e ach e d hi m?
13 A. I don't know.
14
Q.
How di d you c a l l hi m?
15
A. By on my phone.
16
Q. Okay. I s t h at a c e l l ph one?
17
A. Ye s .
18
Q. And you were s ub poenaed t o b r i ng a c e l l phone
19
w i t h you t oday .
20
Di d you b r i ng y ou r c e l l phone w i t h you t oday ?
21 A. I di d not .
22
MR. AUSTRI CH: And, f or t h e r e cor d,
23
You r Honor, I don't b e l i e v e we were ab l e t o s e r v e
24
y ou .
25
THE WI TN ESS: No.
37
1
MR. AUSTRI CH: So l e t me s t r i k e t h at .
2
BY MR. AUSTRI CH:
3
Q.
Why don't you h av e y ou r c e l l phone w i t h you
4
t oday ?
5
A. I had no r e as on t o h av e i t w i t h me.
6
Q.
No one i ns t r u ct e d you not t o b r i ng i t ?
7
A. No.
8
Q.
Di d you c a l l hi m f rom your c e l l phone?
9
A. Ye s .
10
Q.
What 's t h e number f or t h at c e l l ph one?
11
A. My c e l l phone?
12
Q.
Yeah .
13
MR. AUSTRI CH: And, i f we cou l d, Your Honor,
14
I don't know i f we want t h i s on t h e a i r . Can we
15
pu t i t i n t h e r e cor d?
16
I'm happy i f s h e w r i t e s i t down, Your Honor.
17
THE WI TN ESS: I i nv oke my r i g h t t o t h e F i f t h
18
Amendment .
19
THE COURT: P ardon me?
20
THE WI TN ESS: I i nv oke my r i g h t t o t h e F i f t h
21
Amendment .
22
BY MR. AUSTRI CH:
23
Q- So y ou ' r e not w i l l i n g t o s h ar e your c e l l
24
phone number w i t h u s ?
25
38
1
Q.
Who i s your c a r r i e r ?
2
3
Q.
Di d you c a l l Mr. James ( s i c ) on h i s c e l l
4
phone or at work, y ou r b os s ?
5
A. I i nv oke my r i g h t t o t h e F i f t h Amendment .*
6
Q.
He s a i d he'd c a l l you b ack. What happened
7
ne x t ?
8
A. I s poke t o Br i an Mot r oni , and he i nf or med me
9
he was comi ng t o pi ck up t h e b r i e f cas e .
10
Q.
Who i s Br i an Mot r oni ?
11
A. An as s oci at e at Adams & Di aco.
12
Q.
Can you s p e l l t h at f or me?
13
A. M-o-t -r -o-n-i .
14
Q. So Mr. Mot r oni c a l l e d you on y ou r c e l l phone?
15
16
Q.
Was he at t h e of f i c e when he c a l l e d you?
17
A. I do not know.
18
Q.
Where were you at t h r e e o' cl ock on
19
y e s t e r day ?
20
A. At my h ous e.
21
Q.
wh ere i s y ou r h ou s e?
22
23
Q.
So Mr. Mot r oni t ol d you he was comi ng t o g et
24
you?
25
A. No.
39
1
Q.
I 'm s or r y . Wh at h appe ne d ne x t ?
2
A. He was comi ng t o p i c k u p t h e b r i e f c a s e .
3
Q.
And d i d h e p i c k up t h e b r i e f c a s e ?
4
A. He d i d .
5
Q.
D i d y ou h and i t t o h i m p e r s on a l l y ?
6
A. Ye s .
7
Q.
Okay . And t o y ou r knowl e dg e , wh e r e was h e
8
g oi ng w i t h t h e b r i e f c a s e ?
9
A. I do not know.
10
Q. Okay . Who doe s Mr. Mot r oni wor k f or a t Adams
11
& D i aco?
12
A. He w or ks f or Adams & D i aco.
13
Q. Does h e e v e r wor k w i t h St e ph e n D i aco?
14
A. I 'm s u r e h e doe s .
15
Q.
I s h e w or k i ng on t h i s c a s e ?
16
A. I b e l i e v e s o.
17
Q. Had y ou ope ne d t h e b r i e f c a s e w h i l e i t was i n
18
y ou r p os s e s s i on ?
19
A. N o.
20
Q.
D i d y ou s e e Mr. Mot r oni open t h e b r i e f c a s e ?
21
A. No.
22
Q. Wh at d i s c u s s i on d i d y ou h av e w i t h Mr. Mot r oni
23
on t h e ph one ab ou t t h e b r i e f c a s e ?
24
A. No d i s c u s s i on . I i nf or me d h i m 1 h ad t h e
25
b r i e f c a s e , and t h e n h e s a i d h e was comi ng t o g e t i t .
40
1
Th at ' s i t .
2
Q. Di d he as k you t o do any t h i ng w i t h t h e
3
b r i e f c a s e ?
4
A. No.
5
Q. Di d he t a l k di d you di s cu s s t h e b r i e f cas e
6
when he a r r i v e d t o pi ck i t up?
7
A. Yes , b r i e f l y .
8
Q. What di d you di s cu s s ?
9
A. He was unaware t h at i t was as l ar g e as i t
10
was .
11
Q. Okay.
12
A. He was under t h e i mpr e s s i on i t was a s mal l
13
not eb ook b r i e f c a s e . He was n't aware t h at i t was a
14
t r i a l not e b r i e f c a s e .
15
Q. And woul d t h at be more e x pe ns i v e t o copy? I s
16
t h at why i s t h at what he was r e act i ng t o?
17
MR. P I TI SC I : Your Honor, I'm g oi ng t o
18
ob j e ct .
19
THE COURT: Su s t ai ne d.
20
BY MR. AUSTRI CH:
21
Q. What was t h e di s cu s s i on ab out t h e s i z e ?
22
A. Be cau s e he was not aware t h at i t was t h at
23
b r i e f c a s e . I t was a l ar g e b r i e f cas e . I t h i nk he was
24
under t h e i mpr e s s i on t h at i t was j u s t a s i mpl e not eb ook
25
t y pe of b r i e f c a s e .
Q. You were aware when you s aw t h e b r i e f cas e
whos e b r i e f c a s e i t was , i s n ' t t h at cor r e ct , at
t h r e e o' cl ock?
A. Ye s .
Q. So when you c a l l e d y ou r of f i c e , your b os s ,
you t ol d hi m, I h av e P h i l Campb e l l ' s b r i e f cas e ,
cor r e ct ?
A. Ye s .
Q. What ot h e r di s cu s s i on di d you h av e wi t h
Mr. Mot r oni ab out t h e b r i e f cas e ?
MR. P I TI SC I : Ag ai n, I'm g oi ng t o ob j e ct t o
h e ar s ay and hav e a s t andi ng ob j e ct i on t o a l l of
t h i s h e ar s ay . I s t h at okay w i t h t h e C ou r t ?
R at h e r t h an g et up e v e r y t i me .
THE COURT: You h av e a s t andi ng ob j e ct i on.
THE COURT: Ans wer t h e q u e s t i on.
THE WI TN ESS: What was t h e q u e s t i on?
BY MR. AUSTRI CH:
Q. What was your di s cu s s i on w i t h Mr. Mot r oni
ot h e r t h an ab out t h e s i z e of t h e b r i e f c a s e ? What ot h e r
di s cu s s i on di d you hav e w i t h hi m ab out t h e b r i e f cas e ?
A. N ot h i ng .
Q. Di d he adv i s e you what he was g oi ng t o do
wi t h t h e b r i e f cas e ?
42
A. No.
Q. Do you know wh ere he was g oi ng w i t h t h e
b r i e f c a s e ?
A. No.
Q. What di d you do t h e r e s t of t h e day ?
A. I r e ce i v e d a c a l l s t a t i n g t h at maybe an
not ev en an h ou r l a t e r , i nf or mi ng me t h at I was t o
t ake t h e y were dr oppi ng of f t h e b r i e f c a s e t o me and
1 was t o r e t u r n i t t o Shumaker i mme di at e l y .
Q. Were you t ol d t o a c t u a l l y b r i ng i t t o t h e l aw
of f i c e s
A. Ye s .
Q. of Shumaker, Loop & Ke ndr i ck?
A. Ye s .
Q. And what e l s e were you t ol d?
A. N ot h i ng . J u s t
Q. Who c a l l e d you?
A. Br i an Mot r oni .
Q. Okay. I'm s or r y . You were ab out t o s ay
s omet h i ng . I di dn' t mean t o cu t you of f .
A. No. Br i an Mot r oni .
Q. Was t h e r e any t h i ng e l s e di s cu s s e d?
A. No. J u s t t h at , t o t ake t h e b r i e f c a s e b ack.
THE COURT: I ' v e g ot a q u e s t i on.
When di d you t u r n ov e r t h e b r i e f c a s e ?
43
THE WI TN ESS: At
THE COURT: What t i me ?
THE WI TN ESS: I t was appr ox i mat e l y 5:30 when
we dropped i t of f . I went
THE COURT: And when di d when di d you g e t
t h e c a l l b ack ab out r e t u r ni ng t h e b r i e f cas e t o
y ou r pos s e s s i on?
THE WI TN ESS: I t was I got t h e c a l l at
i t was maybe 3:30. And t h e y i mme di at e l y came b ack
and b r ou g h t i t b ack t o me. I t was al way s i n my
pos s e s s i on ot h e r t h an l e s s t h an an h our.
THE COURT: P r oceed.
BY MR. AUSTRI CH:
Q. So you g ot a c a l l f rom Mr. Mot r oni t h at you
were g oi ng t o be r e t u r ni ng t h e b r i e f cas e a f t e r he had
pos s e s s i on of i t f or an h our, you s ai d?
A. R i g h t .
Q. And t h e n what h appened?
A. He dropped i t of f . I c a l l e d a cab . And I
went t o t h e Bank of Ame r i ca P l az a. And I had t h e cab
d r i v e r I wal ke d hi m t o t h e e l e v at or . I pus h ed t h e
b u t t on. And I t ol d hi m when he g ot ou t , Hand i t t o t h e
f r ont des k and i nf or m t hem t h i s i s t h e b r i e f cas e
t h e y ' r e e x pe ct i ng .
Q. What f r ont de s k?
44
1
A. Of Shumaker.
2
Q.
Who t ol d you t o r e t u r n i t t o Shumaker?
3
4
Q. Di d you e v e r s peak t o St eph en Di aco ab out t h e
5 b r i e f c a s e ?
6
A. Ye s .
7
Q.
When?
8
A. The s ame t i me as Br i an Mot r oni .
9
Q-
Okay. So on each of t h e c a l l s f rom
10
Mr. Mot r oni , Mr. Di aco was on t h e phone as w e l l ?
11
A. No. N ot each of t h e c a l l s , no.
12
Q.
Whi ch of t h e c a l l s ?
13
A. I don't r e c a l l .
14
Q.
The f i r s t c a l l ?
15
16
Q.
Di d Mr. Di aco t a l k t o you ab out t h e
17
b r i e f cas e ?
18
A. Yes .
19
Q. What di d he s ay ?
20
A. He want ed t o make s u r e t h at I h ad not t ou ch e d
21
i t , t h at I h ad not opened i t , t h at I had not a l t e r e d i t
22
i n any way, t h at he he want ed t o s peak t o me
23
pe r s onal l y ab out what h ad t r ans pi r e d and t o be c l e a r
24
t h at not h i ng h ad been done t o i t .
25
Q. And at what t i me was t h at conv e r s at i on?
45
1
A. At 3:30. A ppr ox i mat e l y 3:30. I'm not s u r e .
2
Q.
Who b roug h t t h e b r i e f c a s e b ack t o you?
3
4
Q.
By h i ms e l f ?
5
A. And St eph en Di aco.
6
o. Th ey were b ot h i n t h e car ?
7
A. Ye s . I
8
Q.
We l l , how di d t h e y r e t u r n i t t o you?
9
A. Th ey b r ou g h t i t t o my home.
10
Q. How f ar i s y ou r home f rom t h e l aw of f i c e s of
11
Adams & D i aco?
12
A. A ppr ox i mat e l y 15 mi nu t e s .
13
Q.
And t h e y were b ot h i n t h e car when t h e y
14
r e t u r ne d t h e b r i e f cas e t o you?
15
A. I I don't t h at I don't know. I I
16
don't know how t h e y ar r i v e d. I di dn' t wat ch or s e e
17
t hem a r r i v e . So I don't know.
18
Q.
We l l , how di d t h e y g i v e you t h e b r i e f cas e ?
19
A. Th ey came t o my door, and I opened i t , and
20
t h e y pu t t h e b r i e f cas e i n .
21
Q. So you s aw t hem at y ou r h ou s e?
22
A. Ye s .
23
Q. And t h e y were b ot h t h e r e when t h e y h anded you
24
t h e b r i e f c a s e b ack?
25
A. Ye s .
46
1
Q.
Okay. Was t h e r e what was t h e di s cu s s i on?
2
A. We l l , Br i an Mot r oni a c t u a l l y put t h e
3
b r i e f c a s e d i r e c t l y i nt o my car .
4
Q.
Okay. And what what e l s e h appened?
5
A. St eph en Di aco was n't t h e r e .
6
Th at ' s i t .
7
Q.
So St eph en Di aco was not t h e r e when t h e
8
b r i e f c a s e
9
A. No.
10
Q. was pu t i n y ou r car ?
11
A. R i g h t .
12
Q. But he was t h e r e when t h e y b roug h t i t t h e r e ?
13
A. L i k e , he was n't p h y s i c a l l y he di dn' t
14
p h y s i c a l l y t ou ch t h e b r i e f cas e i n my pr e s e nce .
15
Q.
Okay. What di s cu s s i ons di d you h av e w i t h
16
Mr. D i aco when he and Mr. Mot r oni were r e t u r ni ng t h e
17
b r i e f c a s e t o you?
18
A. J u s t t o v e r i f y t h at j u s t t o v e r i f y I
19
h adn't opened i t , I h adn't t ou ch ed i t , t h at
20
Q. We l l , t h e y had i t f or t h e pr i or h our at t h at
21
poi nt , r i g h t ?
22
A. I mean, I don't know. Yes . I as s ume.
23
Q.
And t h e y had al r e ady as ke d you t h os e
24
q u e s t i ons , I t h i nk you s ai d, b e f or e ; i s n ' t t h at
25
cor r e ct ?
47
1 MR. P I TI SC I : Ob j e ct as ar g u me nt at i v e .
2
THE COURT: Ov e r r u l e d.
3
THE WI TN ESS: I mean, t h e y want ed t o v e r i f y
4
t h at I had i t . I mean, t h at i t h adn't b een
5
t ou ch ed or opened or al t e r e d.
6
B Y MR. AUSTRI CH:
7
Q. Do you know where t h e y were comi ng f rom?
8
A. No.
9
Q.
What were t h e i r i n s t r u c t i on s t o you on t h e
10
met hod t o r e t u r n t h e b r i e f cas e ?
11
A. J u s t t o t ake a cab b ack t o t h e of f i c e and
12
r e t u r n i t d i r e c t l y t o Shumaker.
13
Q. Why di d t h e y i n s t r u c t you t o t ake a cab ?
14
A. I don't know.
15
Q. Di d t h e y al s o i n s t r u c t you t o h av e t h e cab b i e
16
b r i ng t h e b r i e f cas e up i nt o t h e b u i l di ng ?
17
A. I mean, I de ci de d t h at .
18
Q.
Why?
19
A. Becau s e w i t h t h e s i t u a t i on at hand, I was not
20
g oi ng up t o t h e of f i c e of Shumaker wi t h ou t cou ns e l .
21
Q.
Wi t h ou t whos e cou ns e l ?
22
A. Mi ne. Wi t h out
23
Q.
Becau s e you knew at t h at poi nt you'd done
24
s omet h i ng wrong, di dn' t you?
25
A. No, I di d not h i ng wrong.
1 MR. P I TI SC I : Ob j e ct .
2
3
BY MR. AUSTRI CH:
4
Q. Had you c a l l e d w e l l , s t r i k e t h at .
5
Di d you cat ch t h e name of t h e cab b i e t h at
6
t r ans por t e d you t o t h e of f i c e s ?
7
A. No.
8
Q. Di d you s t i l l h av e pos s e s s i on of your car
9
t h at day, y e s t e r day ?
10
A. Di d I s t i l l h av e pos s e s s i on of my
11
Q. P os s e s s i on of a v e h i c l e ?
12
A. I t was at my r e s i de nce .
13
Q. You cou l d h av e dr i v e n i t t o t h e of f i c e
14
y ou r s e l f , cor r e ct ?
15
A. I I as s ume s o. I mean --
16
Q. We l l , I'm as ki ng you. Cou l d you h av e
17
d r i v e n you h ad t h e key s and a car at y ou r di s pos al
18
t o dr i v e i nt o t h e of f i c e s y e s t e r day , cor r e ct ?
19
A. C or r e ct .
20
Q. Ye t accor di ng t o t h e i n s t r u c t i on s of
21
Mr. D i aco and Mr. Mot r oni , you h i r e d a cab b i e t o b r i ng
22
you 15 mi nu t e s i nt o t own f or t h e pu r pos e of dr oppi ng
23
t h e bag of f downt own?
24
A. Ye s .
25
Q. Di d Mr. Di aco i n s t r u c t you t o meet
49
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Mr. Campb e l l on t h e e v e ni ng of J anu ar y 2 3r d at Mal i o' s ?
MR. CANNELLA, JR. : Judg e, I ob j e ct .
And I need t o t a l k t o my c l i e n t b e f or e s h e
ans we r s t h at q u e s t i on.
THE COURT: You may t a l k w i t h h e r ,
Mr. C anne l l a.
(C ou ns e l conf e r r i ng w i t h t h e w i t ne s s . )
THE COURT: R e s t at e t h e q u e s t i on.
BY MR. AUSTRI CH:
Q. Di d Mr. Di aco i n s t r u c t you t o meet
P h i l Campb e l l at Mal i o' s t h at e v e ni ng ?
Q. Di d Mr. Di aco i n s t r u c t you t o buy any dr i nk s
f or Mr. Campb e l l t h at e v e ni ng ?
Q. Di d Mr. Di aco i n s t r u c t you t o g e t
Mr. Campb e l l t o dr i v e y ou r v e h i c l e on t h e e v e ni ng of
Q. Di d you make any e f f or t pe r s onal l y t o cont act
anyone at t h e l aw of f i c e s of Shumaker, Loop & Ke ndr i ck
at t h r e e o' cl ock y e s t e r day when you l e ar ne d t h at you
h ad P h i l Campb e l l ' s t r i a l bag?
A. No.
50
You r Honor-
Q. So as I u nde r s t and i t , you were i n pos s e s s i on
of t h i s b r i e f c a s e t h e wh ol e t i me ot h e r t h an t h e what
was i t one h our t h at i t l e f t y ou r pos s e s s i on and
went w i t h Br i an?
A. Th at ' s cor r e ct .
Q. Okay. And t h e wh ol e t i me t h at i t was i n y ou r
pos s e s s i on, you ne v e r opened i t ?
A. No, I di d not .
Q. And you h av en't had any di s cu s s i ons w i t h
t r i a l cou ns e l , wh i ch i s J ay D i aco and Greg He ar i ng ,
r e g ar di ng t h e b r i e f cas e or any of t h i s ?
A. No.
MR. P I TI SC I : Okay. Th at ' s a l l I h av e.
Th ank you.
THE WI TN ESS: Thank you.
You r Honor.
MR. AUSTRI CH: P l a i n t i f f c a l l s St e v e Di aco.
THE COURT: Do you need h e r t o s t ay f or
pos s i b l e r e b u t t al ?
MR. P I TI SC I : Yeah , I ' d l i k e h e r t o s t ay
5 1
dependi ng
THE COURT: You 'r e not e x cu s e d at t h i s t i me .
You h av e t o w ai t ou t s i de .
(Ms . P e r s oni u s l e av e s t h e cou r t r oom. )
THE COURT: Who ar e you c a l l i n g ?
MR. AUSTRI CH: St eph en Di aco, Your Honor.
MR. CANNELLA, SR.: Your Honor, may I b r i ng a
c h a i r ov e r t h e r e ? My h e ar i ng i s not r e a l good.
THE COURT: Yes , s i r . You s u r e can.
MR. CANNELLA, SR. : As I grow ol de r , I --
THE COURT: Th at ' s f i n e .
MR. DI ACO: Here you go, Mr. C anne l l a.
MR. CANNELLA, SR.: Thank you, Your Honor.
THE COURT: You 'r e wel come.
(Mr. St eph en Di aco e nt e r s t h e court room. )
THE BA I L I FF: St and h e r e f or me. Face t h e
c l e r k . R ai s e your r i g h t h and.
THE CLERK: Do you s ol e mnl y s wear or a f f i r m
THE BA I L I FF: P l e as e t ake t h e s t and.
THE COURT: P l e as e s t at e your f u l l name and
s p e l l y ou r l a s t name.
52
1
THE WI TN ESS: St eph en Di aco, D -i -a-c-o.
2
3
MR. AUSTRI CH: Thank you, You r Honor.
4
5
BY MR. AUSTRI CH:
6
Q. You 'r e h e r e under s ub poena, ar e n' t you,
7
Mr. D i aco?
8
A. I am.
9
Q. I n t h at s ubpoena you were a l s o r e q u i r e d t o
10
b r i ng y ou r c e l l phone w i t h you, t h e c e l l phone t h at you
11
had on you, on y ou r pe r s on, on J anu ar y 2 3r d and
12
J anu ar y 2 4t h ; i s n ' t t h at c or r e c t ?
13
A. A ct u al l y , i t was f or t h i s morni ng . And I do
14
not h av e my c e l l phone w i t h me.
15
Q. Do you nor mal l y not h av e your c e l l phone on
16
you?
17
A. N ot when I'm i n cou r t . Somet i mes I do;
18
s omet i mes I don't . Di dn' t b r i ng i t .
19
Q. Who's y ou r c a r r i e r ?
20
A. I don't r e c a l l . My w i f e h andl e s t h at .
21
Q. Okay.
22
MR. AUSTRI CH: I f I cou l d h av e Mr. Di aco t e l l
23
us i n s ome f as h i on t h at t h e Cou r t deems adeq u at e
24
h i s c e l l phone number wi t h ou t t h e wh ol e wor l d
25
knowi ng what i t i s .
53
THE WI TN ESS: C e r t a i n l y . (Compl i e s . )
THE COURT: We ' l l mark t h i s .
Madam C l e r k , l e t ' s h av e t h i s s omehow
marked --
THE CLERK: Ye s , s i r .
THE COURT: not t o be pu b l i s h e d.
THE CLERK: Ye s , s i r .
BY MR. AUSTRI CH:
Q. How l ong h as Ms . P e r s oni u s b een an empl oyee
of y ou r s ?
A. I can' t r e c a l l . Ye ar s .
Q. Okay. And as of t oday , s h e ' s s t i l l y ou r
empl oyee; i s n ' t t h at cor r e ct ?
A. She i s . Sh e's not b een b ack t o our of f i c e
s i nce t h i s i nci de nt .
Q. What i nci de nt ?
A. P h i l Campb e l l ' s a r r e s t f or DUI .
Q. Di d you i n s t r u c t Ms . P e r s oni u s t o go t o
Mal i o' s on t h e e v e ni ng of Wednes day, J anu ar y 2 3rd?
MR. CANNELLA, SR.: May I h av e
THE WI TN ESS: No.
MR. CAN N ELLA, SR.: a moment w i t h my
c l i e n t , pl e as e ?
THE COURT: Ye s , s i r .
54
MR. CANNELLA, SR.: Th ank you, Your Honor.
THE COURT: You're wel come.
BY MR. AUSTRI CH:
Q. Woul d you l i k e t o ans wer t h e q u e s t i on ag ai n?
A. I di d.
Q. Okay. Di d you s peak w i t h Ms . P e r s oni u s t h at
e v e ni ng ? i
Q. You don't r e c a l l wh et h er y ou r a s s i s t a n t f rom
y ou r of f i c e c a l l e d you on t h e e v e ni ng not ev en 4 8 h ours
ago f rom Mal i o' s ?
A. No. I ' v e been de al i ng w i t h w i t ne s s e s and my
par t ne r s and t r i a l prep, and I ' v e my phone's b een
b l owi ng up, wor ki ng 24/7. So, no, I can' t r e c a l l i f
3h e c a l l e d me.
Q. Hav e you or anyone f rom y ou r of f i c e c a l l e d
t h e Tampa P ol i ce Depart ment r e g ar di ng any i nci de nt
any of t h e i nci de nt t h at y ou 'r e r e f e r r i n g t o?
A. By adv i ce of cou ns e l , I i nv oke t h e F i f t h
Amendment .
Q. When di d you f i r s t l e ar n t h at a member of
y ou r s t a f f had pos s e s s i on of Mr. Campb e l l ' s b r i e f cas e ?
A. Ye s t e r day af t e r noon.
Q. Okay. And how di d you l e ar n t h at ?
A. P hew. My b r ai n doe s n' t work l i k e t h i s . I
55
1
don't e x act l y r e c a l l who t ol d me. I b e l i e v e i t was one
2
of my s t a f f t ol d me.
3
Q. Okay. And what di d you what di d t h e y t e l l
4
you?
5
A. Th at t h e y had s ome of h i s pe r s onal e f f e c t s or
6
h i s h i s cas e , not eb ook.
7
Q.
Who i s -- what do you mean t h e y ? Who's t h e y ?
8
A. One of my s t a f f .
9
Q. Okay. And what di d you do w i t h t h at
10
i nf or mat i on?
11
A. I b e l i e v e I t ol d t hem t o g et i t .
12
Q. What t i me was t h at ?
13
A. I t was i n t h e af t e r noon. I can' t r e c a l l .
14
Q. And when you s ay g et i t , t h at means you knew
15
i t was n't i n t h e of f i c e .
16
A. I n my of f i c e ?
17
Q.
Yeah .
18
A. No. I t was i t was at Me l i s s a' s home.
19
Q.
Okay. And when di d you l e ar n t h at i t was at
20
Me l i s s a' s home?
21
A. When a s t a f f member t ol d me
22
Q.
Okay.
23
A. s h e h ad h i s cas e or not eb ook.
24
Q. So a s t a f f member t ol d you i n t h e
25
af t e r noon y e s t e r day af t e r noon t h at an a s s i s t a n t f rom
56
1 y ou r of f i c e h ad t h at Me l i s s a h ad P h i l Campb e l l ' s
2
b r i e f c a s e --
3
A. Ye s .
4
Q. -- i n h e r pos s e s s i on?
5
A. Ye s .
6
Q. And y ou r i n s t r u c t i on s were t o g et t h e
7
b r i e f c a s e ?
8
A. Ye s .
9
Q. Okay. What happened ne x t ? |
10
A. Th at s t a f f member g ot i t . Th at s t a f f member
11
b r ou g h t i t t o t h e of f i c e not i n t h e of f i c e , l e f t i t
12
i n h i s v e h i c l e . He t ol d me i t was not a not eb ook; i t
13
was a t r i a l cas e .
14
I s ai d, Don't t ou ch i t . I w i l l go w i t h you
15
b ack t o h e r home. I want t o t a l k w i t h h e r and make
16
s u r e s h e h as n' t b een i ns i de t h i s cas e or t ou ch e d i t i n
17
any way.
18
I went w i t h h i m i n h i s car b ack t o Me l i s s a' s
19
h ou s e. I s at down w i t h h e r and as ke d h e r v e r y d i r e c t l y
20
h ad s h e b een i n t h e cas e , l ooke d i n t h e cas e , t ou ch ed
21
t h e cas e . And s h e i ndi cat e d s h e had not .
22
Q. When di d you l e ar n -- or s t r i k e t h at .
23
When was t h e s t a f f pe r s on who t ol d you
24
t h i s , wh ere were t h e y when t h e y t ol d you t h at i t was a
25
t r i a l b ag ?
57
A. Where s ay I'm s or r y . I don't
u nde r s t and.
Q. Where was t h i s pe r s on when t h e y t ol d you i t
was a t r i a l b ag ?
A. They may h av e t ol d me on t h e t e l e ph one . I
can' t r e c a l l t h at . I know I was ou t of t h e of f i c e and
I came b ack t o t h e of f i c e when I l e ar ne d t h at . So i t
mus t h av e b een by I b e l i e v e he c a l l e d me.
Q. So he c a l l e d you en r ou t e b ack t o t h e of f i ce '
w i t h t h e b ag ?
A. He h ad -- he had come b ack t o t h e of f i c e . He
c a l l e d me. I came t o t h e of f i c e . I t ol d hi m, We need
t o go b ack t o h e r h ous e w i t h t h at cas e .
I g ot i nt o h i s v e h i cl e , wh i ch h ad t h e cas e i n
t h e b acks e at of i t i t had ne v e r been b r ou g h t i nt o
t h e of f i c e or c a r r i e d i n . You know, we're i n t h e Bank
of Ame r i ca b u i l di ng . So i t ' s pr e t t y e as y t o conf i r m.
We dr ov e t o h e r h ous e, a h ou s e I ' v e ne v e r
b een t o i n my l i f e . We s at down w i t h h e r . We as ke d
h e r i f s h e h ad t ou ch ed t h e cas e or i t had b een had
t h e cas e been opened, when when di d s h e f i n d out t h e
cas e was at h e r h ous e, wh i ch was i n t h e af t e r noon.
And t h e n I as ke d h e r t o b r i ng i t b ack t o
P h i l ' s of f i c e .
Q. And what t i me was t h at ?
58
l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
A. I t was l a t e af t e r noon. I don't know t h e
e x act t i me .
Q. Okay. And t h e n what di d you do?
A. I went b ack t o my of f i c e .
Q. Okay. And di d you g e t a c a l l f rom Mr. E l l i s l ?
A. Mr. E l l i s c a l l e d my phone i n t h e af t e r noon, I
y e s , and he as ke d me ab out t h e cas e . And I s ai d, Yes ^
my a s s i s t a n t or an a s s i s t a n t s h e ' s not my
a s s i s t a n t -- had i t .
And he as ke d me what was s h e g oi ng t o do wi t h
i t . And I s a i d s h e was g oi ng t o r e t u r n i t and b r i ng f t
t o t h e b u i l di ng and g i v e i t t o s e c u r i t y .
He as ke d me i f s h e woul d b r i ng i t up t o t h ei f c
of f i c e . I s ai d I woul d as k h e r .
And he s ai d when di d I know ab out i t , and I
s ai d, Th i s af t e r noon.
Q. At any poi nt i n t i me di d you endeav or t o
not i f y P h i l Campb e l l or anybody at Shumaker, Loop &
Ke ndr i ck t h at you h ad come i nt o pos s e s s i on of
P h i l Campb e l l ' s t r i a l b ag ?
A. We l l , I di dn' t come i nt o pos s e s s i on i n t h e
s e ns e t h at I was n't car r y i ng i t . I h adn't t ou ch e d i t .
I ne v e r l a i d a f i ng e r on i t . So as s oon as I r e a l i z e d
s h e had i t , I made s u r e s h e r e t u r ne d i t .
And when Jon as ke d me a poi nt e d q u e s t i on i f I
59
h ad i t , I ans wer ed t r u t h f u l l y , Ye s .
Q. But up t o t h at poi nt
A. I di dn' t h av e i t . She h ad i t . And s h e was
r e t u r ni ng i t .
Q. Up t o t h at poi nt , you made no e f f or t ,
ab s ol u t e l y no e f f or t t o not i f y anybody at Shumaker,
Loop & Ke ndr i ck t h at a member of y ou r s t a f f h ad
pos s e s s i on of P h i l Campb e l l ' s t r i a l bag; i s t h at
cor r e ct ?
A. No.
THE COURT: Why not ?
MR. AUSTRI CH: I'm s or r y ?
THE COURT: Why not ?
THE WI TN ESS: Becau s e I di dn' t know what t o
do wi t h t h e t h i ng .
THE COURT: Di d you know whos e b r i e f cas e i t
was ?
THE WI TN ESS: I as s umed i t was P h i l ' s .
THE COURT: You as s umed?
THE WI TN ESS: Ye s , I as s umed.
THE COURT: What made you as s ume t h at i t was
Mr. Campb e l l ' s b r i e f c a s e ?
THE WI TN ESS: Becau s e he h ad b een i n h e r
v e h i c l e .
THE COURT: Okay. So di d you c a l l
60
Mr. Campb e l l ' s f i r m and s ay , I may h av e cou ns e l ' s
t r i a l b r i e f c a s e ?
THE WI TN ESS: I t was al mos t at t h e s ame t i mej .
i
We were -- l i t e r a l l y had j u s t l e f t
THE COURT: Th at was n't my q u e s t i on.
Di d you t h i nk ab out c a l l i n g t h e f i r m and
s ay i ng
THE WI TN ESS: Yeah, I t h ou g h t ab out t h at .
Yes , s i r . j
THE COURT: Di d you do i t ?
THE WI TN ESS: He c a l l e d me as I was
cont e mpl at i ng wh et h er we s h ou l d c a l l hi m or s h e
s h ou l d c a l l hi m. I di dn' t I di dn' t r e a l l y know
what t o do, Judg e.
MR. AUSTRI CH: Your Honor, may I appr oach t h e
b ench ?
THE COURT: Ye s .
BY MR. AUSTRI CH:
Q. I'm g oi ng t o hand you t h e R u l e s of C i v i l
P r oce du r e . I'm on page 1975. You ' l l s e e I ' v e t ab b ed
f or you i t ' s Ru l e 4-4.4, Se ct i on B.
Ar e you f a m i l i a r w i t h t h at code of e t h i c s ?
A. No. But I'm r e v i e w i ng i t .
Q. I ' l l r e ad i t i n t h e r e cor d. I'm g oi ng t o as k
you ab out i t .
i
61
1 A l awy e r who r e ce i v e s a document r e l a t i n g t o
2 t h e r e pr e s e nt at i on
3 MR. P I TI SC I : You r Honor, I ' d ob j e ct . '
4 BY MR. AUSTRI CH:
5 Q. of t h e l aw y e r ' s c l i e n t
6 THE COURT: P ardon me?
7
MR. P I TI SC I : Your Honor, I'm g oi ng t o obj ec|t
8 t o t h i s l i n e of q u e s t i oni ng .
9 THE COURT: I t ' s not a q u e s t i on. C ou ns e l ' s
10 r e adi ng .
11 MR. P I TI SC I : We l l , do we know what h e's
12 r e adi ng ? |
13 MR. AUSTRI CH: I t ' s on page 1975 of y ou r r u l e
14 book.
15 I can g i v e you anot h e r one i f you di dn' t
16 b r i ng one t o cou r t w i t h you.
17 MR. P I TI SC I : Okay. Th i s i s an i mproper
18 v enue t o as k t h e s e t y pe s of q u e s t i ons .
19 THE COURT: He's not as ki ng a q u e s t i on. He's
20 r e adi ng i t t o me.
21 MR. P I TI SC I : I t ' s an i mpr oper v enue f or hi m
22 t o r e c i t e what h e ' s r e c i t i n g at t h i s v enue.
23 THE COURT: Okay. Th i s i s a mot i on h e ar i ng .
24 I t ' s a mot i on f or m i s t r i a l .
25 C ou ns e l , you may r e ad i t t o me.
A l awy e r who r e ce i v e s a document r e l a t i n g t o
t h e r e pr e s e nt at i on of t h e l aw y e r ' s c l i e n t and
knows or r e as onab l y s h ou l d know t h at t h e document
was i nadv e r t e nt l y s e nt s h a l l pr ompt l y not i f y t h e
s e nde r .
THE COURT: A l l r i g h t . As k y ou r ne x t
q u e s t i on.
BY MR. AUSTRI CH:
Q. I 3 n ' t t h i s a r u l e g ov e r ni ng a l l at t or ne y s i n
t h e St at e of Fl or i da?
A. I you know, y e s , i t i s .
Q. Okay. And ar e n' t you an at t or ne y -- y ou 'r e a
l i ce ns e d at t or ne y i n t h e St at e of F l or i d a ; i s n ' t t h at
cor r e ct ?
A. Yes , I am.
Q. Okay. Th i s i s known as t h e i nadv e r t e nt
d i s c l os u r e r u l e ; i s n ' t t h at cor r e ct ?
A. I I don't know what t h at i t s ay s ,
R e s pe ct f or r i g h t s of t h i r d pe r s ons . (
Q. Di d you ev en l ook at t h e Bar r u l e s when you
r e a l i z e d t h at your s t a f f member was i n pos s e s s i on of
t h e t r i a l b ag ?
A. No. L i k e I s ai d, as s oon as I r e a l i z e d i t , I
want ed i t t o h e r t o r e t u r n i t . And and at t h e
63
s ame t i me , Jon E l l i s c a l l e d me. And I t ol d hi m we had
i t and i t was b e i ng r e t u r ne d t o hi m.
Q. Okay.
A. I t was
Q. Ex ce pt t h at
A. I t was at t h at t i me.
Q. I'm s or r y . Go ah ead. I di dn' t want t o cu t
you
A. Th at ' s okay.
Q. Th e r e ' s a b i g t i me l aps e i n t h e r e b e cau s e
a c t u a l l y y ou r -- i s n ' t i t Ron wh at 's t h e name,
Ron Mot r oni ?
A. Br i an Mot r oni ?
Q. Br i an. I s he an at t or ne y i n y ou r of f i c e ?
A. Yes , he i s .
Q. Okay. So he had pos s e s s i on of t h at bag by
3:00, 3:30?
A. Okay.
Q. Okay. And he c a l l e d you when he knew i t
was n't a not eb ook or pe r s onal e f f e c t s ; i s n ' t t h at
cor r e ct ?
A. Ye s .
Q. Okay. So he had t i me t o b r i ng t h at b ack t o
t h e of f i c e .
A. He was b ack at t h e of f i c e , I b e l i e v e .
64
Q. Okay.
A. I don't know wh ere he was . I was n't at t h e
of f i c e at t h e t i me . I was t ol d, I'm comi ng t o t h e
of f i c e . We're g oi ng t o r e t u r n t h e bag t o h e r s o t h at
I
s h e can r e t u r n i t t o P h i l . j
Q. How di d you h av e t h at conv e r s at i on? j
A. I b e l i e v e by t e l e ph one .
Q. You were on y ou r c e l l t h e n?
A. Ye s .
Q. So you knew b e f or e you g ot b ack t o t h e of f i c e
t h at , i n f act , one of y ou r as s oci at e s was i n pos s e s s i on
of P h i l Campb e l l ' s t r i a l bag; i s n ' t t h at cor r e ct ? |
A. Ye s .
Q. So i n t h e s o t h e t i me l aps e i s t h at you
were on t h e phone h e adi ng b ack t o t h e of f i c e . You know
t h at an at t or ne y i n y ou r of f i c e h as a t r i a l bag. You
t ake t h e t i me t o dr i v e b ack t o t h e of f i c e . Then
appar e nt l y you go i nt o t h e g ar ag e t o dr i v e a l l t h e way
ou t t o Ms . Me l i s s a P e r s oni u s ' s home.
A. Ye3.
Q. Okay. How l ong of a dr i v e was t h at ?
A. Twent y mi nu t e s .
Q. Twent y mi nu t e s .
You had y ou r c e l l phone at t h at t i me ?
A. He c a l l e d me. Th at ' s what
65
Q. Di d you h av e y ou r c e l l phone at t h at t i me ?
A. Jon c a l l e d me at t h at t i me . Th at ' s what I'm
s ay i ng . Jon c a l l e d me s omewhere ar ou nd t h e n. I t
1
was i t was concu r r e nt . I t a l l happened around t h e
s ame t i me .
THE COURT: You mean Mr. E l l i s ?
THE WI TN ESS: Ex cu s e me. Ye s .
BY MR. AUSTRI CH:
Q. Your of f i c e s wh ere t h e bag was l ocat e d i n t h e
t r u nk of y ou r a s s oc i a t e ' s car i s t h e s ame of f i c e as
P h i l Campb e l l ' s ; i s n ' t t h at cor r e ct ?
I
A. I don't b e l i e v e i t was i n h i s t r u nk. I |
b e l i e v e i t was i n h i s b acks e at .
Q. Okay. The Mr. Campb e l l ' s t r i a l bag was i n
t h e b acks e at
A. Ye s .
Q. of y ou r as s oci at e ' s car , wh i ch was par ke d
i n t h e Bank of Ame r i ca P l az a par ki ng g ar ag e ; i s n ' t t h at |
cor r e ct ? I
A. Ye s . Ye s .
Q. Shumaker, Loop & Ke ndr i ck' s of f i c e s ar e i n
t h e Bank of A me r i ca P l az a; i s n ' t t h at cor r e ct ?
A. Ye s .
Q. Foot s t e ps i s a l l t h at were r e q u i r e d t o r e t u r n
t h e bag t o P h i l Campb el l when you g ot b ack t o t h e
i
66
of f i c e y e s t e r day ; i s n ' t t h at cor r e ct ?
A. Ye s .
Q. Yet i n s p i t e of t h at , you t ook i t upon |
y ou r s e l f , accor di ng t o you, t o g e t b ack i n t h e car w i i h
your as s oci at e , dr i v e 20 mi nu t e s ou t t o
Me l i s s a P e r s oni u s ' s home, and t h e n i n s t r u c t h e r t o
r e t u r n t h e car ( s i c ) i n a cab ; i s n ' t t h at cor r e ct ?
A. I di dn' t want t o t ou ch i t .
Q. I'm s or r y ?
A. I di dn' t want t o t ou ch t h e bag. I di dn' t
want t o I di dn' t
Q. Di d you or di d you not dr i v e a l l t h e way b ack
out t o h e r home and i n s t r u c t y ou r a s s i s t a n t t o pu t t h
car t o r e t u r n t h e car t h e bag v i a a cab ?
A. Ye s .
Q. Why di d you do t h at ?
A. Be cau s e I di dn' t want t o t ou ch t h e b ag . I
di dn' t want anyone i n my of f i c e t o t ou ch t h e bag. She
was t h e onl y one t h at had pos s e s s i on of i t . He g ot i t ,
I s ai d, You need t o r e t u r n i t t o h e r and h av e
h e r r e t u r n i t t o P h i l .
Q. Mr. Mot r oni h ad pos s e s s i on of i t f or an hour*
di dn' t h e?
A. We l l , i t was i n t h e b ack of h i s car .
Q. We l l , you wer en't w i t h hi m t h e wh ol e h our,
67
were you?
A. I don't know i f he had pos s e s s i on of i t f or
an h ou r . He went f rom h e r h ous e t o t h e of f i c e , and
t h en he went i nt o t h e of f i c e . He di d not b r i ng i t i nt o
t h e of f i c e . And, t o my knowl edge, no one t ou ch ed t ha':
bag or opened t h at bag or l ooke d at t h e cont e nt s of t h e
bag. We're e t h i c a l l awy e r s at our p r a c t i c e .
Q. Why t h e n i n s t r u c t h e r t o r e t u r n i t v i a a cab
r at h e r
A. Be cau s e at t h e t i me, I t h ou g h t t h at woul d be
t h e appr opr i at e t h i ng t o do. I di dn' t want t o t ou ch
i t , cou ns e l .
Q. I'm s or r y . I'm r e f e r r i n g t o t h e
Ru l e 4-4. 4(b ) .
A. I di dn' t r e v i e w t h e r u l e s .
Q. I s t h e r e any t h i ng i n t h e r e ab out t ou ch i ng t h
bag'
A. I di dn' t r e v i e w t h e r u l e s .
Q. I t s ay s pr ompt l y not i f y , doe s n' t i t ?
A. Ex cu s e me?
Q. I t s ay s pr ompt l y not i f y
A. I don't h av e i t open
MR. P I TI SC I : I'm g oi ng t o ob j e ct ,
ar g u me nt i v e .
THE COURT: Ex cu s e me.
68
Su s t ai ne d.
N ex t q u e s t i on.
THE WI TN ESS: Th i s doe s n' t happen e v e r y day.
THE COURT: Ex cu s e me. You 'r e a w i t ne s s .
THE WI TN ESS: Yes , s i r .
THE COURT: You g e t t o ans wer q u e s t i ons .
BY MR. AUSTRI CH:
Q. Mr. Mot r oni h ad al r e ady t ou ch e d t h e bag,
h adn't he, b y t h e t i me i t g ot t o t h e Bank of A me r i ca
P l az a par ki ng g ar ag e ?
A. I as s ume h e h ad.
Q. Why cou l dn' t he j u s t wal k i t up t o Shumaker,
Loop & Ke ndr i ck?
A. You ' l l h av e t o as k hi m t h at .
Q. You i n s t r u c t e d h i m not t o.
A. At t h e t i me when he g ot t o t h e of f i c e , I
h adn't i n s t r u c t e d h i m t o do any t h i ng . When I g ot bac^c
t o t h e of f i c e and he s a i d . I t ' s I b e l i e v e i t ' s
P h i l ' s t r i a l bag, I s ai d, Okay.
Th oug h t ab out i t . I made t h e de ci s i on t h at
we woul d r e t u r n i t t o Me l i s s a and s h e woul d r e t u r n i t
t o h i s of f i c e . I di dn' t want i t i n ou r pos s e s s i on,
di dn' t want i t i n our of f i c e . I di dn' t want any of mjy
at t or ne y s t o t ou ch i t .
i
Q. Di d you s end Me l i s s a t o Mal i o' s Wednes day
ni g h t i n or de r t o g e t P h i l dr u nk?
A. No.
Q. Di d you c a l l t h e pol i ce ?
A. No.
Q. Di d you i n s t r u c t Me l i s s a t o g e t P h i l t o dri v
h e r car ?
A. No. I i nv oke
MR. CANNELLA, SR.: Ex cu s e me. J u s t a
mi nu t e .
May I t a l k t o my c l i e n t ?
THE COURT: Yes , s i r .
THE COURT: C ou ns e l , w h i l e h e's h av i ng t h at ,
appr oach t h e b ench .
(At s i de b ar . )
THE COURT: My of f i c e h as b een cont act e d I f
was not cont act e d, b ut my JA was cont act e d by
s omeone v ol u n t a r i l y s ay i ng t h at t h e y were t h e r e
t h at ni g h t and t h at i f we needed t o h ear f rom t ha
pe r s on, he woul d make h i ms e l f av ai l ab l e . Th at
pe r s on i s pr e s e nt l y i n t r i a l b u t w i l l s t e p ou t ,
come and g i v e what t e s t i mony . I t h i nk we're g oi ng
t o need t o h e ar f rom t h at pe r s on.
How l ong do you t h i nk we're g oi ng t o be on
i
d i r e c t ?
1
MR. AUSTRI CH: Wi t h t h at pe r s on?
!
i
THE COURT: No. Wi t h t h i s w i t ne s s . '
MR. AUSTRI CH: Oh, I'm al mos t done wi t h hi m,
i
Your Honor. ,
I
THE COURT: How l ong do you t h i nk y ou ' l l be? |
MR. P I TI SC I : Fi v e mi nu t e s . !
THE COURT: Okay. A l l r i g h t .
MR. AUSTRI CH: I g u e s s t o t h e e x t e nt ,
Your Honor I don't know who t h e w i t ne s s i s and
t h i s i s my mot i on. We're pu t t i ng i n e v i de nce on
my cas e
THE COURT: We l l , t h i s Cou r t i s g oi ng t o hav
t o r u l e on your mot i on.
MR. AUSTRI CH: I u nde r s t and. Can
THE COURT: And I ' l l c a l l hi m as t h e C ou r t ' s
w i t ne s s . Hi s name i s Mi ch ae l Tr e nt al ang e .
THE COURT: You may pr oce e d.
BY MR. AUSTRI CH:
Q. I'm s or r y . Was t h at a no, or ar e you
pl e adi ng t h e F i f t h t o t h at q u e s t i on?
A. I can' t remember t h e q u e s t i on.
MR. AUSTRI CH: Can you r e ad t h e q u e s t i on?
A ct u al l y , I ' l l r e pe at . I ' l l r e ph r as e .
BY MR. AUSTRI CH:
Q. Di d you s peak w i t h Me l i s s a P e r s oni u s at any
t i me du r i ng t h e e v e ni ng of Wednes day, J anu ar y 2 3r d?
A. I can' t r e c a l l t h at .
Q. Okay. Who i s Adam F i l t h a u t ?
A. Adam F i l t h a u t ?
Q. F i l t h a u t .
A. He's an at t or ne y i n my of f i c e .
Q. Okay. Have you s poken t o Mr. F i l t h a u t ab out
t h i s cas e ou t s i de of t h e r e pr e s e nt at i on of Cl em? I n
ot h e r words , I'm not l ooki ng f or a conf i de nce r e l a t i n g
t o t h i s t r i a l . I'm j u s t h av e you s poken t o hi m
about Mr. Campb e l l ?
A. Of cou r s e .
Q. Okay. Di d you s peak w i t h hi m on Wednes day,
Janu ar y 23r d, ab out Mr. Campb el l ?
A. I I can' t r e c a l l .
Q. How di d you s peak t o hi m i n pe r s on, or wafs
i t on t h e phone?
A. I t was not i n pe r s on. Woul d h av e been on th|e
phone.
Q. So was i t on y ou r c e l l phone ag ai n?
A. I f I had a conv e r s at i on w i t h hi m, i t woul d
T
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h av e h ad t o h av e been by t e l e ph one .
Q. Okay. Di d you r e ach h i m on h i s c e l l phone,
or was he i n h i s of f i c e ?
A. I t woul d h av e b een a f t e r w e l l , I mean, we
work t og e t h e r . We t a l k a l l t h e t i me . Th i s cas e i s
g oi ng on. So, you know, I t a l k i n my of f i c e w i t h hi m
I ' v e t al k e d on t h e phone w i t h hi m. We t a l k a l ot .
Q. Di d you i n s t r u c t h i m
MR. P I TI SC I : Your Honor, l e t me ob j e ct t o
t h i s f orm of q u e s t i on. I mean, i t ' s i r r e l e v a n t
THE COURT: We l l , l e t me h e ar t h e ne x t
q u e s t i on.
BY MR. AUSTRI CH:
Q. Di d you i n s t r u c t hi m t o c a l l t h e TP D on
A. I can' t r e c a l l .
MR. AUSTRI CH: I'm s or r y . Your Honor,
t h r ou g h ou t t h e q u e s t i oni ng , i t ' s my u nde r s t andi ng
t h at t h e w i t ne s s i s g e t t i ng hand s i g n a l s f rom
cou ns e l t ab l e . I t h i nk Your Honor's s e e i ng mos t
of i t . But at t h i s poi nt now, h e's j u s t f l ag g i ng
hi m down.
THE COURT: We l l
MR. AUSTRI CH: I f t h i s i s s uppos ed t o be
THE COURT: Mr. C anne l l a, i t ' s my
73
1 u nde r s t andi ng t h at you don't r e pr e s e nt t h i s
2 g ent l eman?
3 MR. CANNELLA, JR. : Th at ' s cor r e ct , Judge.
4 THE WI TN ESS: I ' v e not not i ce d any t h i ng .
5 THE COURT: I h av e.
6 Th i s Mr. C anne l l a i s your at t or ne y .
~> THE WI TN ESS: Yes , s i r .
8 THE COURT: P l e as e don't make any ot h e r
5 s i g ns .
10 As k a q u e s t i on.
12 Q . You don't know wh et h er you i ns t r u ct e d
13 Mr. F i l t h a u t t o c a l l t h e pol i ce on Wednes day ni g h t ? %s
14 t h at your t e s t i mony ?
15 A. I don't r e c a l l .
16 Q. But you may h av e?
17 A . I don't r e c a l l .
18 Q . What woul d h av e b een t h e pu r pos e f or you
19 c a l l i n g TP D or h av i ng hi m c a l l t h e TP D on Wednes day,
20 Janu ar y 23r d?
21 A. I di dn' t c a l l t h e TP D.
22 Q . Okay.
23 A. You h av e t o as k hi m.
24 Q . What woul d h av e b een y ou r pu r pos e i n t e l l i n g
25 hi m t o c a l l t h e TP D?
b eyond t h e s cope of t h e t r i a l b ag .
MR. P I TI SC I : Th i s i s beyond t h e s cope of t hj s
t r i a l b ag . I t ' s t h e i n t e g r i t y of t h e t r i a l bag
t h at we're h e r e on. So I'm not s u r e why
THE COURT: We l l
MR. P I TI SC I : t h e s e q u e s t i ons
THE COURT: i t ' s a l i t t l e b i t more t h an
t h e bag.
Ov e r r u l e d.
THE WI TN ESS: I don't r e c a l l t h e q u e s t i on.
Say i t ag ai n.
BY MR. AUSTRI CH:
Q. You t e s t i f i e d t h at you don't r e c a l l wh et h er
or not you t ol d Mr. F i l t h a u t t o c a l l t h e pol i ce t h at
ni g h t .
Ye s .
Why woul d you h av e t ol d hi m t o c a l l t h e
A.
Q.
pol i ce ?
A.
I
Mr. Tr e nt al ang e , woul d you s t e p out f or one
moment , pl e as e ?
MR. TREN TALAN GE: Yes , s i r .
THE WI TN ESS: I don't r e c a l l t h at I had t h at
conv e r s at i on w i t h hi m.
g e t t i ng i nt o t h e cr i mi nal r e al m. Th i s i s not --
MR. AUSTRI CH: I s h i s at t or ne y ob j e ct i ng , or
i s he pl e adi ng t h e F i f t h ?
THE COURT: He's h e r e w i t h cou ns e l .
Ov e r r u l e d.
THE WI TN ESS: What 's t h e q u e s t i on?
BY MR. AUSTRI CH:
Q. Di d you or di d you not t e l l Mr. F i l t h a u t t o
c a l l t h e pol i ce t h at ni g h t ?
A. I don't r e c a l l h av i ng t h at conv e r s at i on w i t h
hi m.
Q. Woul d anybody e l s e i n y ou r of f i c e h av e had
t h at conv e r s at i on w i t h hi m?
A. I I wou l dn't I woul dn't be ab l e t o s ay
who i n my of f i c e s poke w i t h Adam F i l t h a u t .
Q. But s omebody e l s e mi g h t h av e?
A. Su r e.
Q. For t h e pu r pos e of h av i ng hi m c a l l t h e pol i cj e
t o go t o Mal i o' s t h at ni g h t ?
A. I woul dn't know what pu r pos e t h e i r
conv e r s at i ons wer e.
Q. Okay.
I
1 THE COURT: Any t h i ng f u r t h e r , cou ns e l ?
2 MR. AUSTRI CH: N ot h i ng f u r t h e r f or t h i s
3 w i t ne s s , Your Honor.
4 THE COURT: Cou ns e l ?
5 CROSS-EXAMINATION
6 BY MR. P I TI SC I :
7
Q. Mr. Di aco, di d you ev en know or i g i n a l l y t h at
8 i t was a t r i a l bag, or di d you j u s t t h i nk i t was
9 pe r s onal e f f e c t s ?
10 A. P e r s onal e f f e c t s .
11 Q. So you di dn' t ev en know t h at i t was a t r i a l
12 bag u n t i l s omet i me l a t e r ?
13 A. Ye s .
14 Q. And when you s aw t h at i t was a t r i a l bag, yoj j
15 f r e ake d out or s ai d, Th i s i s t h i s cou l d be a
16 prob l em
1
7
A. Ye s .
18 Q. and you need t o g e t i t b ack t o t h e guy as
1
9
q u i ck l y as pos s i b l e .
20 A. Ye s .
21 Q. And t h at ' s what you di d.
22 A. C or r e ct .
23 Q. Okay. And you ne v e r l ooked at i t and or
24 i ns i de i t , or Br i an nev er l ooked at i t , or no one i n
25 your f i r m e v e r l ooke d at i t .
76
77
1 A. C or r e ct .
2 Q. And s o h e's r e ad you s ome r u l e out of a r u l e j
3 book t h at s ay s t h at you need t o pr ompt l y g e t i t b ack (to
i
4 t h e l awy e r . Di d you h e ar t h at ? j
5 A. Ye s . And t h at ' s what I was at t e mpt i ng t o j
6 do i
7 Q. Okay.
3 A. wi t h ou t t ou ch i ng i t or h av i ng anot h e r
9 at t or ne y t ou ch i t and r u n i t t o our of f i c e .
10 Q. And as f ar as y ou 'r e conce r ne d, you pr ompt l y ,
11 as f a s t as you cou l d, t h at you f e l t was r e as onab l e , t b
12 g e t i t b ack t o h i s of f i c e as s oon as you r e a l i z e d t h at
13 i t was a t r i a l bag
14 A. C or r e ct .
15 Q. and not j u s t h i s pe r s onal b e l ong i ng s .
16 A. Ye s .
17 MR. P I TI SC I : Th at ' s a l l I h av e. Thank you.
18 THE COURT: A ny t h i ng f u r t h e r ?
19 MR. DI ACO: Moment t o conf e r ?
20 MR. P I TI SC I : Okay.
22 Q. And at no poi nt i n t i me di d t r i a l cou ns e l ,
23 Mr. He ar i ng or Mr. J ay Di aco, h av e any i nv ol v e me nt i n
24 t h i s or knew ab out t h e t r i a l b ag at a l l ?
25 A. Th ey di dn' t know ab out i t at a l l u n t i l af t e r
1
1 i t had b een r e t u r ne d. And I t h ou g h t i t was i mpor t ant
2 t h at t h e y know t h at i t had been i n h e r car , t h at we hajd
3 r e t u r ne d i t . And I e x pl ai ne d t o t hem t h e f as h i on
4 Jay , my b r ot h e r , i n t h e f as h i on t h at I r e t u r ne d i t anc
5 t h at i t was r e t u r ne d t o h i s of f i c e and t h at t h e y were
6 aware t h at i t had been i n h e r car and t h at i t had beer
7 r e t u r ne d t o t hem.
8 Q. And at no poi nt i n t i me di d anyone i n t h e
9 Adams & D i aco f i r m open t h e t r i a l b ag ?
10 A. A b s ol u t e l y not .
11 MR. AUSTRI CH: Ob j e ct i on, Your Honor.
12 Th e r e ' s no f ou ndat i on f or t h at . He was n't i n t h e
13 pr e s e nce of t h e bag t h e wh ol e t i me .
14 THE COURT: Su s t ai ne d.
16 Q. I n y ou r pr e s e nce .
1
7
A. I t was ne v e r opened i n my pr e s e nce . And I
18 as ke d t h at q u e s t i on of Br i an Mot r oni and
19 Me l i s s a P e r s oni u s , and t h e y b ot h s ai d t h at t h e y hadn'^.
20 opened i t . Th ey h adn't t ouch ed ev en t h e l ock s .
21 Q. And you ne v e r s aw t r i a l cou ns e l e v e r t ou ch
22 t h e b ag .
23 A. Th ey di dn' t s e e t h e bag. They di dn' t t ou ch
24 t h e b ag . Th ey di dn' t g et anywhere ne ar t h e b ag . And
25 t h e y di dn' t ev en know about i t t i l l a f t e r t h e f a c t .
I B
1 MR. P I TI SC I : Thank you.
2 THE COURT: He's comi ng i n r i g h t now.
3 You may s t and down.
4 MR. AUSTRI CH: V er y q u i ck, Your Honor.
5 THE COURT: Ex cu s e me. Go ah ead.
6 REDI RECT EXAMINATION
7
BY MR. AUSTRI CH:
8 Q. J u s t f or c l a r i f i c a t i on , t h e g ent l eman,
9 Mr. Mot r oni , who had t h e bag i n h i s car f or ov e r an
10 h our and dr ov e i t ar ou nd t own, h e's wor ki ng on t h i s
11 cas e , i s n ' t h e?
12 A. A l ot of pe opl e i n my of f i c e ar e and he
13 i ncl u di ng h i m.
14 Q. i s h e wor ki ng on t h i s cas e , Mr. D i aco?
15 A . Ye s . Ye s . Our e n t i r e of f i c e .
16 Q. He's b een i n t h i s cou r t r oom s e v e r al t i me s
1
7
t h i s week and l a s t week, h as n' t h e?
18 A. Ye s .
19 MR. AUSTRI CH: No f u r t h e r q u e s t i ons .
20 THE COURT: A l l r i g h t . Thank you.
21 You may s t and down.
22 THE WI TN ESS: Thank you, Your Honor.
23 THE COURT: As k Mr. Tr e nt al ang e t o come i n .
24 MR. CANNELLA, SR.: I s he g oi ng t o be
25 e x cu s e d, Your Honor?
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THE COURT: Do you need hi m?
MR. AUSTRI CH: A ct u al l y , Your Honor, h e's
under my s ub poena, and I don't want t o r e l e as e hi j n
j u s t y e t .
Cou l d you pl e as e h av e hi m wai t ou t s i de ?
THE COURT: Mr. Tr e nt al ang e , pl e as e .
(Mr. St eph en Di aco l e av e s t h e cou r t r oom. )
THE BA I L I FF: I t ' l l be j u s t one moment ,
Judg e.
THE COURT: Yes , s i r .
MR. AUSTRI CH: Your Honor, can we appr oach
b e f or e t h i s w i t ne s s t ake s t h e s t and?
THE COURT: Uh-huh.
(At s i de b ar . )
MR. AUSTRI CH: Your Honor, I j u s t -- I j u s t
want t o be v e r y c l e a r and t o r e i t e r a t e ag ai n t h at
we're not h e r e on t h e DUI . And
THE COURT: No, we're not .
MR. AUSTRI CH: I don't know what h e ' s
g oi ng t o s ay . I don't know what t e s t i mony --
THE COURT: I'm g oi ng t o make i nq u i r y .
MR. AUSTRI CH: Okay.
THE COURT: He's b e i ng c a l l e d as t h e C ou r t ' s
w i t ne s s .
THE COURT: I ' l l make i nq u i r y . I ' l l l i m i t i
t o what I need t o know.
(Mr. Tr e nt al ang e e nt e r s t h e court room. )
THE BA I L I FF: P l e as e s t and h e r e f or me, f ace
t h e cl e r k , and r a i s e y ou r r i g h t hand.
t r u t h , t h e wh ol e t r u t h , and not h i ng b ut t h e t r u t h ^
THE WI TN ESS: Good af t e r noon, Your Honor.
THE COURT: Good af t e r noon.
C ou ns e l , i f you'd be ki nd enough t o pl e as e
s t a t e y ou r f u l l name and s p e l l your l a3 t name f or
t h e r e cor d.
THE WI TN ESS: My name i s Mi ch ae l J .
Tr e nt al ang e , T-r -e -n-t -a-l -a-n-g -e .
THE COURT: Mr. Tr e nt al ang e , y ou 'r e an
at t or ne y ?
THE WI TN ESS: I am, Your Honor.
THE COURT: And i t ' s my u nde r s t andi ng y ou ' r e
82
1
pr e s e nt l y i n anot h e r t r i a l ?
2 THE WI TN ESS: I am, Your Honor.
3
THE COURT: Okay. We ' l l t r y t o keep t h i s as
4
b r i e f as pos s i b l e .
5
THE WI TN ESS: Thank you, s i r .
6 THE COURT: I want t o draw y ou r at t e nt i on
7
I b e l i e v e you l e ar ne d s ome ci r cu ms t ance s ab out
8
t h i s h e ar i ng s omet i me t oday ?
9
THE WI TN ESS: I di d.
10 THE COURT: And i t ' s my u nde r s t andi ng t h at
11
y ou 'r e not under any s ubpoena and t h at you
12 cont act e d my j u d i c i a l a s s i s t a n t ?
13 THE WI TN ESS: I di d.
14 THE COURT: Okay. Mr. Tr e nt al ang e , on t h e
15 23r d, i n t h e af t e r noon or e ar l y e v e ni ng , di d you
16
h av e occas i on t o be at Mal i o' s ?
17
THE WI TN ESS: I di d. I t was t h e e v e ni ng ,
18
s omet i me a f t e r s e v e n around e i g h t o' cl ock,
19
b et ween e i g h t I ' l l t e l l you, i t was s omet i me
t
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a f t e r a meet i ng b r oke up a f t e r our t r i a l . I can'
21
e x act l y pl ace t h e t i me t h at I g ot t h e r e , b ut i t
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was i n t h e e v e ni ng . I t was dar k ou t s i de , b et ween
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7:30 and 8:15 or s o.
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THE COURT: Do you know Mr. P h i l i p Campb e l l ?
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THE COURT: Di d you s e e hi m t h e r e t h at ni g h t
THE COURT: Was Mr. E l l i s t h e r e ?
THE WI TN ESS: I j u s t met Mr. E l l i s t h at
ni g h t , and I'm as s u mi ng he was t h e I can' t
s wear t o h i s name. But he i nt r odu ce d h i ms e l f , and
I t h i nk i t was Mr. E l l i s .
THE COURT: Okay. Can you t e l l me, we ar e
not we ar e not h e r e t r y i ng a DUI .
THE WI TN ESS: R i g h t .
THE COURT: We ar e h e r e on a mot i on f or new
t r i a l -- or e x cu s e me a mot i on f or m i s t r i a l .
Woul d you be ki nd enough t o pl e as e conf i ne
y ou r s e l f t o t h e conv e r s at i on t h at you may h av e
ov e r h e ar d. Woul d you pl e as e t e l l me what , i f
any t h i ng , you h e ar d i n t h e way of conv e r s at i on
not at t or ne y /cl i e nt p r i v i l e g e , b ut a conv e r s at i on
b et ween Mr. Campb el l and a f e mal e .
THE WI TN ESS: We l l , I can t e l l you t h e
ci r cu ms t ance s i n pr e t t y good d e t a i l .
And, ag ai n, j u s t t o s t at e t h e ob v i ou s , I'm
not l ooki ng t o g e t i n t h e mi ddl e of any t h i ng i n
t h i s cas e . I don't h av e an ax t o g r i nd ag ai ns t
anybody. I know b ot h of t h e at t or ne y s i nv ol v e d i|n
t h e cas e , and b ot h s i de s ar e e x ce l l e nt at t or ne y s .
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But j u s t b as e d on t h at e v e ni ng , I was at t h e
b ar , and I r an i nt o Mr. Campb e l l . At t h e t i me,
Mr. E l l i s I g u e s s i s h i s name -- was s e at e d t o
Mr. Campb e l l ' s r i g h t , and I h ad a conv e r s at i on
w i t h hi m. I was i nt r odu ce d t o hi m. Th e r e was a
f e l l ow at t or ne y t h at 1 knew, a f emal e at t or ne y ,
t h at r an i nt o u s . I i nt r odu ce d h e r t o
Mr. Campb el l and Mr. E l l i s . Mr. E l l i s knew an
at t or ne y at t h at at t or ne y ' s l aw f i r m. Th ey t al k e d
ab out hi m b r i e f l y . I t al k e d t o Mr. Campb e l l .
At s ome poi nt , Mr. E l l i s had t o l e av e . And
t ook h i s s e at t o t h e r i g h t of Mr. Campb e l l . And
t h e r e were t wo women s e at e d t o Mr. Campb e l l ' s
l e f t . And I di dn' t j u s t ov e r h e ar a conv e r s at i on;
I p a r t i c i p a t e d i n t h e conv e r s at i on.
THE COURT: Was one of t h os e l a d i e s a
dar k- h ai r e d l ady ?
THE WI TN ESS: Th er e was one l ady who was v e r y
a t t r a c t i v e and dar k-h ai r e d l ady . The one t o
h e r l e f t r e a l l y di dn' t p a r t i c i p a t e i n t h e
conv e r s at i on at a l l . And i t was Mr. Campb el l , me
and t h e dar k- h ai r e d l ady .
She was L a t i n appe ar i ng . And I engaged h e r
i n a conv e r s at i on. I as ke d h e r i f s h e s poke
Spani s h , and s h e t ol d me t h at s h e di dn' t . And we
g ot i nt o a wh ol e conv e r s at i on ab out h e r
b ackg r ou nd. She t ol d me t h at s h e was h a l f
Honduran and h al f P u e r t o R i can. She t ol d me abouf :
g oi ng t o P u e r t o R i co and g oi ng t o a Bu r g e r Ki ng
and t h e y as s umed t h at s h e s poke Spani s h and s h e
di dn' t and, you know, j u s t ki nd of r e l ay e d t h at
s t or y . So t h e r e was a c l e a r conv e r s at i on.
And s h e t ol d me t h at s h e worked I can' t
remember t h e name of t h e f i r m. Sh e t ol d me s h e
worked at a f ami l y l aw f i r m and t h at pr e v i ou s t o
t h at s h e h ad worked at Trenam Kemker, or wh at ev er
i t e r a t i on of Trenam i t was . I can' t t e l l you t haj t
I know wh et h er s h e r e pr e s e nt e d t h at s h e was
pr e s e nt l y i n t h e f ami l y l aw f i r m. I g ot t h e
i mpr e s s i on t h at s h e was , b e cau s e we t al k e d ab out ja
f e l l ow named Ben Ol de r , who r e pr e s e nt s my e x -wi f e
And s o we t al k e d ab out Ben Ol de r , and s h e t ol d me
what a ni ce guy he was .
Du r i ng t h e cou r s e of t h i s conv e r s at i on, you
know, Mr. Campb el l i s i n t e r j e c t i n g as w e l l and
p a r t i c i p a t i n g and j u s t maki ng s mal l t a l k .
And I remember at one poi nt t h at dr i nk s
appe ar e d t h at t h e l ady h ad b oug h t . And I dr i nk
s cot ch . Th ey wer en't s cot ch . Th ey were ki nd
of now I'm on t h e r e cor d s ay i ng I dr i nk s cot ch
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Th at ' s g r e at .
They t h ey were I t h ou g h t t h e y were
t e q u i l a . But t h e y were s ome ki nd of , you know,
odd dr i nk. And I as ke d h e r what was i n t hem, and
s h e s a i d Sou t h e r n Comf ort , s ome ki nd of Sou t h e r n
Comf ort dr i nk. I di dn' t h av e any.
And t h at ' s you know, I remember at s ome
poi nt a f t e r t h at , Mr. Campb el l I can' t remember
wh et h er he s u g g e s t e d i t or t h e l ady as ke d hi m t o
wal k h e r t o t h e g ar ag e.
And t h e n he l e f t , and I l e f t s h or t l y a f t e r .
I can t e l l you I know t h e t i me t h at I l e f t ,
b e cau s e I got i n t h e car and I had not e at e n
di nne r and I was g oi ng t o a r e s t au r ant , C af f e
P ar adi s o, and I c a l l e d t hem at t e n t o 10:00 t o s e ^
i f t h ey were s t i l l open. So
THE COURT: Was t h at t h e onl y occas i on i n
wh i ch dr i nk s ar r i v e d t h at were not pu r ch as e d by
you or Mr. Campb el l ? I'm not as ki ng how many
dr i nk s
THE WI TN ESS: To my --
THE COURT: anybody had or
THE WI TN ESS: To my knowl edge, t h at ' s t h e
onl y t i me .
THE COURT: Th at ' s t h e onl y t i me .
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THE WI TN ESS: I don't know what happened
b e f or e I g ot t h e r e , b u t w h i l e I was t h e r e , t h at
was i t .
THE COURT: Okay.
Do you wi s h t o i nq u i r e ?
MR. AUSTRI CH: Was t h e l aw f i r m t h at
Ms . P e r s oni u s s ai d t h at s h e worked f or Ol de r &
Lundy?
MR. AUSTRI CH: Okay. And s h e t ol d you t h at
s h e worked at Ol de r & Lundy t h at e v e ni ng ?
THE WI TN ESS: I can' t t e l l you wh et h er s h e
t ol d me t h at s h e ' s cu r r e nt l y wor ki ng f or Ol de r &
Lundy f or s u r e . Th at was t h e i mpr e s s i on t h at I
g ot , b e cau s e we t al k e d ab out cu r r e nt e v e nt s and
pe opl e t h e r e and s h e t ol d me t h at t h e y j u s t
b r ou g h t on s omebody I f or g e t h i s name t o do
pe r s onal i n j u r y . I do pe r s onal i n j u r y . And we -
s h e t ol d me t h at t h e y ' r e s t a r t i n g t o market t h at
ar e a. So I g ot t h e i mpr e s s i on t h at s h e was
wor ki ng at Ol de r & Lundy.
THE COURT: I ' v e g ot anot h e r q u e s t i on.
At any t i me du r i ng t h e di s cu s s i on, di d you o
Mr. Campb el l r e l a t e what t r i a l s you were wor ki ng
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on?
THE COURT: You b ot h di et ?
THE WI TN ESS: Ye s , s i r .
THE COURT: To h e r ?
THE WI TN ESS: N ot t o h e r w e l l , I can' t
t e l l you t o h e r . A ct u al l y , I do t h i nk t h at Mr.
Mr. Campb e l l r e l at e d t o h e r t h at I was i nv ol v e d i n
t h e t ob acco t r i a l , wh i ch i s t h e t r i a l t h at ' s g oi ng
on. And Mr. Campb el l c l e a r l y you know, we were
t a l k i n g ab ou t what was g oi ng on w i t h h i s cas e .
And i t was c l e a r l y , you know, t h i s cas e .
He was t e l l i n g me ab ou t s ome d i f f i c u l t i e s
t h at he was h av i ng
THE COURT: A l l r i g h t . P l e as e don't g et i nt |o
any --
THE WI TN ESS: No.
THE COURT: d e t a i l s --
THE WI TN ESS: Yeah . No. But , I mean
THE COURT: ab out t h e cas e .
THE WI TN ESS: We l l , not ab out t h e cas e . We
t al k e d ab ou t j u s t wh at 's g oi ng on i n our l i v e s
b a s i c a l l y .
THE COURT: I s e e .
THE WI TN ESS: And he t ol d me ab out t h e cas e
MR. AUSTRI CH: Ob j e ct i on, Your Honor. To t h
e x t e nt we're g oi ng t o g et i nt o t h at , I don't t h i nk
any of t h at i s r e l e v ant , Your Honor.
THE COURT: My onl y q u e s t i on i s , di d
Mr. Campb el l s t at e i n h e r pr e s e nce t h e cas e t h at
h e was l i t i g a t i n g ?
THE WI TN ESS: Ye s , s i r .
THE COURT: On how many d i f f e r e n t t i me s was
i t ment i oned or di s cu s s e d, wi t h ou t g e t t i ng i nt o
t h e d e t a i l s of t h e di s cu s s i on?
THE WI TN ESS: Th at ' s a t oug h q u e s t i on t o
ans wer , b e cau s e i t was l i k e one s t r e ami ng t h i ng ,
you know.
THE COURT: Okay.
THE WI TN ESS: I t was not , I'm i n a cas e . I t
was a t opi c of di s cu s s i on. And, you know, I'm i n
a cas e , t oo. So we b a s i c a l l y b ot h v e nt e d ab out
ou r cas e s t o each ot h e r f or a l i t t l e b i t . I
l i s t e n e d t o hi m. He l i s t e n e d t o me. And, you
know, not at t h i s t i me, I'm s e at e d t o h i s
r i g h t . So h e's t u r ne d. So I can' t t e l l you how
much t h e woman ov e r h e ar d. I t ' s a b ar . Th e r e ' s
noi s e g oi ng on. So
THE COURT: Uh-huh.
THE WI TN ESS: you know, I can' t t e l l you.
But I can t e l l you t h at he c e r t a i n l y i nt r odu ce d mp
t o h e r and t ol d h e r t h at I was i nv ol v e d i n t h at
i n t h e t ob acco cas e . And t h at was d i r e c t l y yoj i
know, t h at was a f ace - t o- f ace w i t h h i m i n bet ween
I'm l ooki ng at h e r , and he t ol d me he t ol d h er
who I was and what I was doi ng and t h at I was a
l awy e r , t oo.
MR. AUSTRI CH: Were t h e r e TV s t h at were
w i t h i n s i g h t of wh ere you were s i t t i n g ?
THE WI TN ESS: I t ' s t h e b ar at Mal i o' s . I
t h i nk s o, y eah .
MR. AUSTRI CH: Okay. So t h e r e cou l d h av e
b een news b r oadcas t s up on t h e TV, or di d you s e e
any news b r oadcas t s on t h e TV ?
THE WI TN ESS: I can' t s wear t o what was on
t h e TV . I mean, t y p i c a l l y I ' d be i n my mi nd,
I ' d be r e pl ay i ng what I ' v e s e e n. I f i t ' s
Spor t s C e nt e r or s omet h i ng , I ' d pay at t e nt i on t o
i t . But I don't remember.
MR. AUSTRI CH: At no t i me du r i ng t h e e v e ni ng
di d you h e ar Me l i s s a P e r s oni u s , t h e b r u ne t t e l ady
t h at you were s pe aki ng t o, s t at e t h at s h e worked
at Adam & Di aco, di d you?
THE WI TN ESS: No, s i r .
MR. AUSTRI CH: Di d s h e buy t h os e dr i nk s t h at
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you s a i d s howed up?
THE WI TN ESS: I can' t t e l l you f or s u r e , b u t
I know I di dn' t buy t hem and Mr. Campb el l di dn' t
buy t hem and t h e y appear ed.
MR. AUSTRI CH: No f u r t h e r q u e s t i ons .
THE COURT: C ou ns e l ?
MR. P I TI SC I : Ar e you aware t h at
P h i l Campb e l l bought Me l i s s a dr i nk s ?
THE WI TN ESS: I don't know, b u t I can t e l l
you t h at I di dn' t pay f or my dr i nk . So he he
b oug h t my dr i nk.
MR. P I TI SC I : Okay. Di d i t l ook t o you t h at
he was v e r y , v e r y , v e r y f r i e n d l y w i t h Me l i s s a?
MR. AUSTRI CH: Ob j e ct i on, Your Honor.
THE COURT: R e l e v ancy ?
MR. P I TI SC I : Uh-huh. We l l , I mean ~
MR. P I TI SC I : t h e y ' r e g e t t i ng i nt o t h e
why t h e y were t h e r e . He j u s t went t h r ou g h a whol
s e r i e s of why t h e y were t h e r e . So I'm
e s t a b l i s h i n g t h at t h e r e as on t h at Mr. Campb el l wa
t h e r e was he was b e i ng f r i e n d l y w i t h Me l i s s a and
more t h i ng s happened t h an j u s t what he s aw.
THE COURT: Okay. As k your q u e s t i on.
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Di d i t appear t o you
MR. AUSTRI CH: I f I can, Your Honor, f or t h e
r e cor d
THE COURT: I want t o h e ar a q u e s t i on f i r s t .
MR. P I TI SC I : Di d i t appear t o you t h at
Mr. Campb el l was b e i ng ov e r l y f r i e n d l y t o Me l i s s a
and t h e y were dr i nk i ng t og e t h e r ?
Th e r e ' s l ack of pr e di cat e , l ack of f ou ndat i on. I
don't know what he means by
THE COURT: Approach t h e b ench .
(At s i de b ar . )
THE COURT: Gi v e me s ome d i r e c t i on wh ere
y ou 'r e g oi ng w i t h t h i s .
MR. P I TI SC I : We l l , Your Honor, when you
s t ar t e d as ki ng hi m q u e s t i ons , i t appe ar e d t o me
t h at t h e Cou r t was t r y i ng t o f i g u r e out what was
t h e pu r pos e of Me l i s s a b e i ng t h e r e .
THE COURT: No.
MR. P I TI SC I : And
THE COURT: My q u e s t i ons de al t w i t h f i r s t
of a l l , I di dn' t know what Mr. Tr e nt al ang e knew o|r
di d not know, b e cau s e when he appe ar e d i n my
of f i c e t o t a l k t o my JA t o s ay t h at he was t h e r e
t h at ni g h t , he di d not g i v e any i ndi cat i on as
f ar as I know, he di dn' t g i v e any i ndi cat i on t o m|r
JA, b e cau s e I had no i de a what he was g oi ng t o
t e s t i f y t o b e cau s e I ' v e not t al k e d w i t h
Mr. Tr e nt al ang e . I j u s t knew t h at he appear ed i n
my of f i c e and s ai d he had s ome i nf or mat i on and
t h at he woul d make h i ms e l f a v a i l a b l e i f we needed
t o c a l l hi m.
My conce r n was t wof ol d. Number one, di d
Mr. Campb el l i ndi cat e t o h e r i n s ome way, s h ape,
or f orm du r i ng t h e conv e r s at i on of what cas e he
was on. Okay? And t h e s econd t h i ng i s , I as ke d
t h e q u e s t i on wh et h er s h e bought any dr i nk s or any
dr i nk s were pu r ch as e d not by Mr. Tr e nt al ang e or
Mr. Campb e l l . Th at was i t .
MR. P I TI SC I : Okay. But when you as ke d t h at
p a r t i c u l a r q u e s t i on, as l ong as t h e Cou r t
u nde r s t ands t h at t h e y were v e r y , v e r y f r i e n d l y
t h at ni g h t . Mr. Campb el l as ke d h e r t o go t o h i s
apar t me nt .
Th e r e ' s b een no t e s t i mony
THE COURT: We're not --
MR. P I TI SC I : So t h at ' s
THE COURT: We
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MR. P I TI SC I : But when t h e y ' r e dr i nki ng ,
t h at ' s wh at 's g oi ng on t h e r e .
THE COURT: We ar e not g e t t i ng
MR. P I TI SC I : And h e ' s mar r i e d.
THE COURT: i nt o t h e d e t a i l s of how many
dr i nk s anybody h ad. We ar e not g e t t i ng i nt o any
ot h e r addi t i onal d e t a i l s t o conce r ni ng t h e
conv e r s at i on ot h e r t h an who s omebody worked f or ,
what cas e t h e y were wor ki ng on. Th at ' s what we'r^
de al i ng w i t h . Th i s i s
THE COURT: a l i mi t e d i nq u i r y .
MR. P I TI SC I : Okay. But I want t o make s u r e
t h at t h e C ou r t i s aware t h at Mr. Campb el l Goog l ed
h i ms e l f t o i mpr e s s --
MR. AUSTRI CH: I am g oi ng t o ob j e ct t o t h e
ne x t s t at e me nt b e i ng made, Your Honor.
MR. P I TI SC I : t o i mpr e s s
THE COURT: You keep y ou r v oi ce down.
MR. P I TI SC I : He Goog l ed h i ms e l f t o i mpr e s s
t h e g i r l . Th e r e i s a wh ol e
THE COURT: So, who car e s ?
MR. AUSTRI CH: We as ke d h e r ; s h e pl e ade d t h e
F i f t h .
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THE COURT: Th at ' s not t h e r e as on.
MR. P I TI SC I : We l l , I want t o make s u r e t h at
i f t h e Cou r t i s l i s t e n i n g t o hi m s ay , you know,
t h i s g i r l s omehow was t r y i ng t o e l i c i t
t e s t i mony or e l i c i t h i s i mpr e s s i ons of t h e
cas e --
MR. AUSTRI CH: She di dn' t t e s t i f y t o t h at ,
Your Honor.
THE COURT: I ne v e r as ke d t h at q u e s t i on.
THE COURT: I as ke d t h e q u e s t i on wh et h er
Mr. Campb el l di s cl os e d what cas e he was on, not
t h at s h e was t r y i ng t o e l i c i t any t h i ng f rom hi m.
MR. P I TI SC I : Okay. Then I won't f ol l ow up.
THE COURT: My s ol e q u e s t i on, cou ns e l , was
di d Mr. Campb el l i ndi cat e i n s ome way, s h ape, or
f orm t h e cas e he was on.
THE COURT: And Mr. Tr e nt al ang e s a i d y e s .
MR. P I TI SC I : Okay. But
THE COURT: You g ot me?
MR. P I TI SC I : But I don't need t o
MR. P I TI SC I : f ol l ow up on t h at ?
$5
MR. P I TI SC I : Do I not need t o f ol l ow up on
t h at ?
THE COURT: On wh at ? Wi t h wh at ?
MR. P I TI SC I : We l l , I mean, you
THE COURT: What 's y ou r nex t q u e s t i on?
MR. P I TI SC I : We l l
(Cou ns e l conf e r r i ng . )
MR. P I TI SC I : R i g h t .
I mean w e l l
THE COURT: Fol l ow up w i t h wh at ?
MR. P I TI SC I : A l l I'm t r y i ng t o i nq u i r e i s
t h at t h e f act t h at s h e knew what cas e i t was .
Th at ' s t h e onl y t h i ng t h e Cou r t i s r e q u e s t i ng
i nf or mat i on on.
THE COURT: I want ed t o know i f s he knew wha|t
cas e i t was and wh et h er i t was t h e s ame pe r s on
t h at was h e r e e a r l i e r and wh et h er s h e bought any
dr i nk s .
I di d not as k f or any conv e r s at i on t h at woul d
de al w i t h at t or ne y /cl i e nt p r i v i l e g e . I di d not
as k t h e w i t ne s s t o g e t i nt o any d e t a i l s of t h e
conv e r s at i on ot h e r t h an t o g e ne r al l y i ndi cat e
wh et h er t h e y t al k e d ab out what cas e t h ey were
t r y i ng . And t h at was i t .
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MR. AUSTRI CH: I f I can, Your Honor, j u s t t o
cor r e ct t h e r e cor d
THE COURT: And where s h e worked, where s h e
i ndi cat e d t h at s h e worked.
MR. P I TI SC I : Can I as k hi m wh et h er i t
appear ed t h at Me l i s s a at t empt ed t o f or ce dr i nks
down hi m? Becau s e t h at was t h e i mpl i cat i on, I
mean, t h at s h e bought dr i nk s f or hi m.
MR. AUSTRI CH: We're not h e r e on DUI .
THE COURT: He di dn' t s ay who b oug h t t h e
dr i nk s . He j u s t s ai d t h at he and Mr. Campb e l l di
not buy t h e dr i nk s . He di dn' t s ay t h at s h e bough
t hem.
MR. AUSTRI CH: I f I can, Your Honor, f or t h e
r e cor d, Mr. Campb el l 's b een s e par at e d f or s ome
t i me now. So t h e r e f e r e nce t o hi m b e i ng mar r i e d
i s compl e t e l y i r r e l e v a n t .
THE COURT: We l l , I we're not g oi ng t o go
t h e r e .
MR. AUSTRI CH: Oh, I u nde r s t and, b u t
THE COURT: Th at ' s not t h e pu r pos e of t h i s -
MR. AUSTRI CH: Ag reed.
THE COURT: h e ar i ng .
MR. AUSTRI CH: Ag reed.
i
t
THE COURT: So where ar e you g oi ng now?
MR. P I TI SC I : Th e r e ' s t h e r e ' s I'm g oi ng
t o as k a cou pl e more q u e s t i ons on wh et h er he knows
any t h i ng ab out t h e b r i e f cas e , wh i ch I don't t h i nk
he does .
THE COURT: Okay.
THE WI TN ESS: Do you want me t o ans wer t h e
q u e s t i on ab out
THE COURT: No.
MR. P I TI SC I : You di dn' t i ns pe ct any b i l l
ab out who was b u y i ng dr i nk s t h at p a r t i c u l a r ni g h t
THE WI TN ESS: I'm s or r y . I di dn' t wh at ?
MR. P I TI SC I : You di dn' t i ns pe ct a b i l l t o
s e e who was b u y i ng dr i nk s t h at p a r t i c u l a r ni g h t .
THE WI TN ESS: A ct u al l y , I g av e my c r e d i t carj d
t o t h e b ar t e nde r , and s h e g av e i t b ack. And I
t h i nk Mr. Campb el l bought my dr i nk.
THE WI TN ESS: Becau s e my car d went b ack. I
di dn' t s e e any b i l l -- I a c t u a l l y can' t remember
wh et h er I s aw any b i l l or not . I don't I don'
remember s e e i ng a b i l l . But I know I di dn' t pay.
So
MR. P I TI SC I : And you don't y ou 'r e not
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s u r e who pai d?
THE WI TN ESS: I'm pr e t t y s u r e Mr. Campb el l
pai d f or my dr i nk.
THE WI TN ESS: Becau s e, I mean, not t o be
cu t e , b u t i f a g i r l bought me a dr i nk, I ' d hang
ar ou nd. Okay?
MR. P I TI SC I : And you h av e no knowl edge of
any t r i a l b r i e f cas e ?
THE WI TN ESS: No, s i r . I mean, t h at ' s
cor r e ct . I h av e no knowl edge of any t r i a l
b r i e f c a s e .
MR. P I TI SC I : Thank you. I ' v e g ot no f u r t h e j r
q u e s t i ons .
THE COURT: Thank you, Mr. Tr e nt al ang e .
THE WI TN ESS: Thank you, Your Honor.
THE COURT: Sor r y t o di s t u r b you f rom your
t r i a l .
THE WI TN ESS: No prob l em, s i r .
(Mr. Tr e nt al ang e l e av e s t h e court room. )
THE COURT: Who's y ou r ne x t w i t ne s s ?
MR. AUSTRI CH: Your Honor, we're g oi ng t o
c a l l Of f i c e r Fer nandez f rom t h e Tampa P ol i ce
Depart ment .
MR. P I TI SC I : Your Honor, ag ai n, I ' d l i k e t o
appr oach .
THE COURT: Su r e .
{ At s i de b ar . )
MR. P I TI SC I : I f we're now g e t t i ng i nt o
THE COURT: We ar e not g e t t i ng i nt o t h e
d e t a i l s of t h e a r r e s t .
MR. P I TI SC I : And we're not g e t t i ng i nt o t h e
d e t a i l s of any t h i ng t o do w i t h t h e DUI , cor r e ct ?
THE COURT: We ar e not g e t t i ng i nt o any
d e t a i l s of t h e a r r e s t .
MR. P I TI SC I : What ab out t h e what ab out
t h e e v e nt s t h at l e d up t o t h e a r r e s t ? What i s t h
r e l e v ancy of
THE COURT: I t h i nk i t may be appr opr i at e t o
f i nd out wh et h er t h i s g ent l eman r e ce i v e d any phon^
c a l l s t o go t o a c e r t a i n pl ace f or a c e r t a i n
pu r pos e .
MR. P I TI SC I : But what i s t h e r e l e v ancy t o
t h e t r i a l ?
THE COURT: I don't know. We're g oi ng t o
f i n d ou t .
( Of f i ce r Fer nandez e nt e r s t h e cou r t r oom. )
.01
THE BA I L I FF: P l e as e s t and h e r e f or me. Fac
t h e c l e r k . R ai s e y ou r r i g h t h and. '
t r u t h , t h e wh ol e t r u t h , and not h i ng b ut t h e t r u t h
THE WI TN ESS: Ye s , ma'am.
THE COURT: I s i t Se r g e ant ?
THE COURT: Good af t e r noon.
THE WI TN ESS: Good af t e r noon.
THE COURT: Se r g e ant , i f you woul d be ki nd
enough t o pl e as e s t at e y ou r f u l l name and s p e l l
y ou r l a s t name.
THE WI TN ESS: I t ' s Raymond Fer nandez,
s p e l l i n g F-e -r -n-a-n-d-e -z .
BY MR. AUSTRI CH:
Q. How l ong h av e you been w i t h t h e Tampa P ol i ce
Depart ment , Se r g e ant ?
A. A ppr ox i mat e l y 18 and a h al f y e ar s .
Q. And what i s y ou r cu r r e nt r ank?
A. I I'm s e r g e ant . I s u pe r v i s e ou r DUI
enf or cement u ni t .
11)2
Q. Okay. Were you how l ong h av e you been
s e r g e ant ?
A. I ' v e b een a s e r g e ant s i nce I t h i nk i t ' s
been s e v e n y e ar s now. I ' v e b een on t h e Di l i f or ce u ni ^
t ot a l ab ou t 15 y e ar s . j
i
Q. Okay. And as par t of y ou r du t i e s , ar e you i j i
ch ar g e of any DUI a c t i v i t y , I ' l l s ay , f or downt own !
Tampa?
A. I'm i n ch ar g e of DUI a c t i v i t y t h r ou g h ou t t h e
e n t i r e c i t y . So I h andl e a l l p ol i c e depl oy ment s and
i
e v e r y t h i ng . j
Q. Di d you h av e occas i on t o r e ce i v e a phone c a l i
on Wednes day, Au g u s t 23r d, r e g ar di ng P h i l Campb e l l ?
A. Ye s , I di d.
Q. Can you de s cr i b e t h e nat u r e of t h at phone
c a l l ? I
MR. P I TI SC I : Ag ai n, I woul d ob j e ct as t o
r e l e v ancy t o t h i s t r i a l b ag .
THE COURT: Ov e r r u l e d.
i
THE WI TN ESS: I'm s or r y , s i r ? i
I
BY MR. AUSTRI CH: j
Q. Can you de s cr i b e t h e nat u r e of t h e phone
c a l l , who was i t f rom, what t i me , what t h e
ci r cu ms t ance s were?
A. Yes , s i r . I r e ce i v e d a phone c a l l f rom an
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at t or ne y t h at worked downt own at t h e Bank of Ame r i ca
named Adam F i l t h a u t . He n ot i f i e d me t h at a g ent l eman
t h at works i n h i s b u i l di ng g av e me t h e name and
de s cr i pt i on of a car was at Mal i o' s ; he was
dr i nk i ng .
I had r e ce i v e d t h i s phone c a l l p r i or t o a
mont h p r i or al s o, wh ere we a l s o t r i e d t o l ocat e t h at
de f e ndant and we di dn' t .
Q. Okay. And Mr. F i l t h a u t , do you know hi m?
A. He's my s on's g odf at h e r . We've b een f r i e nds
f or q u i t e a w h i l e , y e s , s i r .
Q. Okay. And do you know where he wor ks ?
A. I know he works f or a l aw f i r m. Hone s t l y ,
I ' v e h e ar d t h e name Di aco, b ut I r e a l l y I cou l dn' t
t e l l you what he does ot h e r t h an I h e ar d P r og r e s s i v e pt
s ome poi nt .
Q. What t i me di d you r e ce i v e t h at phone c a l l on
t h e e v e ni ng of Au g u s t 23r d I'm s or r y
J anu ar y 23r d?
A. I'm h av i ng t o e s t i mat e , s i r . My s q uad comes
i n ab out s e v e n o' cl ock. I know ev er y b ody had j u s t
g ot t e n t h e r e . So I was i n my of f i c e . I'm g u e s s i ng i j t
was 7:30, 7:45.
Q. Okay. And t h e n what di d you do w i t h t h at
i nf or mat i on?
A. I had t wo of my guys t h at were s i t t i n g i n t h e
room. I i n s t a n t l y pas s e d t h e i nf or mat i on of f t o t hem
One of my of f i c e r s a c t u a l l y went ou t t o t h at l ocat i on
where we t h ou g h t he may pos s i b l y dr i v e f rom and s at oî
t h at l ocat i on t o s e e i f we'd h av e a drunk d r i v e r
l e av i ng .
Q. And i f I can, you got t h e c a l l d i r e c t l y on
y ou r phone, cor r e ct ?
A. I g ot t h e c a l l d i r e c t l y , y e s , s i r .
Q. Th at di d not come t h r ou g h di s pat ch or 911 or
any t h i ng l i k e t h at ?
A. No, s i r . I g ot t h e c a l l d i r e c t l y .
Q. And t h e n what happened when you s e nt y ou r
b oys down t h e r e ?
A. My of f i c e r s went out , and he wol f packe d f or |a
w h i l e
THE COURT: Se r g e ant , we're not t r y i ng a DUI
h e r e .
THE WI TN ESS: I u nde r s t and.
THE COURT: Okay? Th i s i s not a cr i mi nal
pr oce e di ng .
THE COURT: Th i s i s a c i v i l pr oce e di ng .
We're not g oi ng t o g et i nt o any f u r t h e r d e t a i l s o|f
any a r r e s t .
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MR. AUSTRI CH: I f I can w e l l , can we
1
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appr oach , Your Honor?
;
THE COURT: Uh-huh.
(At s i de b ar . )
MR. AUSTRI CH: Your Honor, I t h i nk i t ' s \
s i g n i f i c a n t t h e t i me when t h e a r r e s t was made.
MR. AUSTRI CH: I t h i nk t h e t i me i s
s i g n i f i c a n t b e cau s e t h e c a l l
THE COURT: Of t h e a r r e s t ?
MR. AUSTRI CH: Yeah . The c a l l was at a
q u ar t e r t o 8:00, b ut he j u s t s ai d t h e a r r e s t
was n't u n t i l 10:15.
THE COURT: I ' l l al l ow you t o as k i f he know
t h e t i me of t h e a r r e s t .
THE COURT: What e l s e ?
MR. AUSTRI CH: Th at ' s i t .
THE COURT: I ' l l as k t h e q u e s t i on.
Se r g e ant , t h e phone c a l l came at what t i me ?
THE WI TN ESS: L i k e I s ai d, s i r , i t was
pr ob ab l y 7:45, s omewhere i n t h at ar e a. I don't
r e c a l l e x act t i me b e cau s e I was i n my of f i c e . I
1 know my g uys were a l l t h e r e , and t h e y g et t h e r e a
2 s e v e n o' cl ock. Some g uys were doi ng paperwork anj j
3 S t u f f .
4 THE COURT: Do you know t h e t i me of t h e
5 a r r e s t of Mr. Campb el l ?
6 THE WI TN ESS: I don't know t h e e x act t i me,
i s i r . I'm a c t u a l l y t h e one t h at made t h e s t op. Sp
8 I ' d h av e t o go b ack and l ook at a r e por t . I don'l t
9 know. Be cau s e I know I went t o di nne r , and t h e n
10 came b ack. And my g uys we were wol f packi ng t h
11 ar e a. So
12 THE COURT: Woul d t h e b ooki ng document
13 r e f l e c t t h e e x act t i me of t h e a r r e s t ?
14 THE WI TN ESS: I t s h ou l d, y e s , s i r .
15 THE COURT: Thank you.
16 MR. AUSTRI CH: One more q u e s t i on, Your Honor
18 Q . Di d you r e ce i v e any ot h e r phone c a l l s f rom
19 Mr. F i l t h a u t or anybody at Adams & Di aco t h at e v e ni ng
20 A. I di dn' t t a l k t o hi m a f t e r t h e a r r e s t , no,
21 s i r .
22 Q . What ab out b e f or e ?
23 A . I a c t u a l l y n ot i f i e d h i m when I made t h e
24 a r r e s t b e cau s e
25 Q . But di d you s peak t o anybody at Mr. Di aco' s
1 )6
of f i c e b e f or e t h e a r r e s t ? j
A. Mr. D i aco' s of f i c e ? J
Q. Mr. F i l t h a u t . Di d you s peak t o Mr. F i l t h a u t j
ag ai n t h at e v e ni ng a f t e r he c a l l e d you?
A. No, s i r . I mean, I a c t u a l l y went home l a t e r
t h at ni g h t and
THE COURT: Does he know t h at y ou 'r e i n
ch ar g e of a l l t h e DUI s i n Tampa?
MR. AUSTRI CH: By hi m, you mean Mr. Fi l t h au t j ,
Your Honor?
THE COURT: Ye s .
THE WI TN ESS: Mos t d e f i n i t e l y , s i r . We've
b een f r i e nds f or q u i t e a w h i l e .
THE COURT: Okay. Gr e at . Thank you.
C ou ns e l ?
Q. As I u nde r s t and i t , i t ' s y ou r what do t hel y
c a l l i t y ou r wol f pack u ni t i s de v i s e d of of f i c e r s (t o
pr ot e ct t h e pu b l i c f rom DUI s ; i s t h at cor r e ct ?
A. Th at ' s what we r es pond t o. We g et
i n t e l l i g e n c e , and t h at ' s what we act on.
Q. Okay. And y ou r i n t e l l i g e n c e woul d be t i p s
f rom ot h e r i ndi v i du al s or pe opl e or t h at , you knowj,
i
1C8
s omebody was dr i v i ng i n
A. I g e t phone c a l l s f rom pe opl e . I g et phone
c a l l s f rom b ar manag ers . I g et l e t t e r s . I g et
p i c t u r e s . I g e t a l l ki nds of s t u f f t h at comes i n as
i n t e l l i g e n c e t h at we act on.
Q. So not h i ng was i nappr opr i at e when you got
t h i s phone c a l l ?
A. To me, i t was n't i nappr opr i at e at t h e t i me,
no. I was act i ng on an act of s omebody t h at I t h oug h ^
was a drunk d r i v e r at a l ocat i on.
MR. P I TI SC I : Okay. No f u r t h e r q u e s t i ons .
Thank you.
THE COURT: Any t h i ng f u r t h e r ?
REDI RECT EXAMINATION
BY MR. AUSTRI CH:
Q. The phone c a l l t h at you g ot at q u ar t e r t o
8:00, di d anybody s ee Mr. Campb el l i n a car ?
MR. P I TI SC I : Th at ' s ou t s i de t h e s cope .
MR. AUSTRI CH: S t r i k e t h at .
BY MR. AUSTRI CH:
Q. Were you t ol d t h at he was s e e n i n a car ?
As t o t h at s econd q u e s t i on, I ' l l pe r mi t i t .
THE WI TN ESS: I'm s or r y , s i r ?
BY MR. AUSTRI CH:
1 0 9
Q. When you g ot t h e c a l l f rom Mr. F i l t h a u t , di d
he t e l l you t h at he had s e e n Mr. Campb el l i n a car ?
A. No. What he t ol d me was t h at t h i s guy g oes
t o Mal i o' s and dr i nk s and t h e n h e dr i v e s home.
So, l i k e l a s t t i me
Q. You'v e ne v e r ob s e r v e d Mr. Campb el l dr i v i ng
home drunk f rom --
A. I ne v e r knew Mr. Campb el l b e f or e I s t opped
hi m.
MR. AUSTRI CH: Your Honor, can I s how t h e
s e r g e ant t h e copy t o r e f r e s h h i s r e c ol l e c t i on on
t h e t i me of t h e a r r e s t ?
THE COURT: Th at woul d be f i n e .
Woul d t h at r e f r e s h y ou r r e c ol l e c t i on ?
THE WI TN ESS: I di dn' t w r i t e t h e t i c k e t , b ut
I'm s u r e i t ' l l h e l p, s i r .
THE COURT: Okay. You may s how i t t o hi m.
MR. P I TI SC I : May I h av e my s t andi ng
ob j e ct i on t o h e ar s ay ?
I t ' s not a t r i a l . Th i s i s a mot i on.
BY MR. AUSTRI CH:
Q. From t h e document I ' v e j u s t handed you, can
you t e l l u s what t i me Mr. Campb el l was a c t u a l l y pu l l e j d
ov e r ?
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A. Becau s e t h e t i c k e t was w r i t t e n by anot h e r
of f i c e r , s i r and nor mal l y my pr ot ocol i s t h e t i me
t h at a c t u a l l y g oes i n t h e box i s t h e t i me you a c t u a l l y
pu t t h e h andcu f f s on. But I don't know what Of f i c e r
McGi nni s di d wi t h ou t as ki ng hi m. The t i me s ay s
10:08 p.m. So i t ' s e i t h e r 10:08 i s t h e t i me I s t opped
h i m or 10:08 was t h e t i me we pu t t h e h andcu f f s on. S3
we may be t a l k i n g ab out a t e n- or 15-mi nut e di f f e r e nce
Q. Okay. So around t e n o' cl ock woul d be f a i r ?
A. Th at ' s cor r e ct , s i r .
Q. So t h at ' s ov e r t wo h ou r s a f t e r you g ot t h e
c a l l ; i s n ' t t h at cor r e ct ?
A. Yes , s i r .
MR. AUSTRI CH: No f u r t h e r q u e s t i ons .
THE COURT: Okay.
Thank you v e r y much, Se r g e ant . Have a ni ce
day.
h e r e ?
THE COURT: You're e x cu s e d.
THE COURT: Any r e as on t o keep t h e s e r g e ant
MR. AUSTRI CH: No, Your Honor.
MR. DI ACO: No, Your Honor.
THE COURT: You're e x cu s e d, s i r .
1 THE WI TN ESS: Thank you, s i r .
2 ( Of f i ce r Fer nandez was e x cu s e d. )
3 THE COURT: Who e l s e do you h av e ?
4 MR. AUSTRI CH: May I h av e a moment ,
5 Your Honor, v e r y b r i e f ?
6 THE COURT: Yes , s i r .
1 MR. AUSTRI CH: We h av e no f u r t h e r w i t ne s s e s ,
8 Your Honor.
9 THE COURT: Do you wi s h t o c a l l any
10 w i t ne s s e s
11 MR. P I TI SC I : I want
12 THE COURT: pr e s e nt any e v i de nce ?
13 MR. P I TI SC I : Ex cu s e me?
14 THE COURT: Do you wi s h t o pr e s e nt any t h i ng ,
i s
s
i r ?
16 MR. P I TI SC I : I ' d l i k e t o c a l l Me l i s s a b ack
1
?
t o t h e s t and.
18 THE COURT: Okay.
19 (Ms . P e r s oni u s r e t u r ns t o t h e court room. )
20 THE BA I L I FF: P l e as e t ake t h e s t and.
21 THE COURT: P l e as e h av e a s e at ag ai n. I ' l l
22 r emi nd you y ou 'r e s t i l l under oat h .
23 You may i nq u i r e .
24 DI RECT EXAMINATION
Q. Me l i s s a, t h e r e ' s b een s ome t e s t i mony du r i ng
t h i s h e ar i ng t h at you h av e g i v e n
I s Mr. C anne l l a h e r e ?
MR. CANNELLA, JR. : Ye s , Judg e.
THE COURT: Oh, I'm s or r y . I cou l dn' t s e e
you f rom t h e moni t or .
Q. t h at you h av e g i v e n pe opl e at r e s t au r ant s
mi s i nf or mat i on ab out where you worked. And i s n ' t i t
t r u e t h at you --
Q. g i v e t h at mi s i nf or mat i on
THE COURT: Cou ns e l , t h i s i s y ou r w i t ne s s .
You're l e adi ng .
MR. AUSTRI CH: N ot onl y t h at --
THE COURT: Su s t ai n t h e ob j e ct i on.
Don't l e ad.
Q. Why do you g i v e Me l i s s a, why do you
g i v e
Q. peopl e a d i f f e r e n t pl ace
THE COURT: Th at ' s l e adi ng , cou ns e l .
Q. of wh ere you work?
THE COURT: As k a q u e s t i on t h at ' s not
l e adi ng .
THE WI TN ESS: I g i v e
As k a q u e s t i on t h at i s not l e adi ng .
Q. Hav e you e v e r g i v e n s omeone a d i f f e r e n t pl ac
of wh ere you work?
A. Ye s .
Q. Why?
A. Be cau s e as a s i ng l e woman, i f I g i v e my
pe r s onal i nf or mat i on t o s omeone I j u s t meet , t h e y cou(l d
p ot e n t i a l l y cont act me, l ook f or me, go onl i ne . I
mean, you cou l d hav e a s t a l k e r . I mean, you don't gi j v e
y ou r pe r s onal t r u e i nf or mat i on t o anyb ody t h at you
don't know.
MR. P I TI SC I : No f u r t h e r q u e s t i ons . Thank
you.
THE COURT: Do you h av e any t h i ng ?
BY MR. AUSTRI CH:
1" l 3.
Riesdorph Reporting Group, Inc. (S13) 222-8963
r
i :.4
1 Q . At any poi nt i n t i me t h at e v e ni ng di d you
2 t e l l Mr. Campb el l where you a c t u a l l y worked?
3 A. No.
4 Q . You knew he worked at Shumaker, Loop &
5 Ke ndr i ck, di dn' t you?
6 MR. P I TI SC I : Your Honor, i t ' s ou t s i de t h e
7
s cope . I as ke d h e r one q u e s t i on.
8 THE COURT: Ov e r r u l e d.
9 Ans wer t h e q u e s t i on.
11 Q . You can' t l ook t o t hem, ma'am. You h av e t o
12 l ook t o me or t h e j u dg e .
13 THE COURT: Ar e you g oi ng t o ans wer t h e
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q u e s t i on?
15 Ans wer t h e q u e s t i on.
16 THE WI TN ESS: What was t h e q u e s t i on?
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BY MR. AUSTRI CH:
18 Q . At any poi nt i n t i me t h at e v e ni ng , di d you
19 i nf or m Mr. Campb el l t h at you worked at Adam & D i aco?
20 A. No.
21 Q . And you knew t h at he was t h e l e ad t r i a l
22 cou ns e l on t h i s cas e ; i s n ' t t h at cor r e ct ?
23 A. I pl e ad t h e F i f t h .
24 THE COURT: P ardon me?
25 THE WI TN ESS: I pl e ad t h e F i f t h .
11 5
1 MR. A U STR I C H: Sh e p l e a d s t h e F i f t h .
2 BY MR. A U STR I C H:
3 Q. Was n' t i t on t h e TV a t t h e b a r t h a t e v e n i n g ?
4 A. I d on ' t r e c a l l .
5 Q. D i d n ' t y ou d i s c u s s w i t h Mr . C a m p b e l l w h at
6 t h i s t r i a l t h a t h e w as on t h i s c a s e ?
7
A. I d on ' t r e c a l l .
8 Q. Wh at t i m e w e r e y ou c a l l e d t o a p p e a r on Bu b b a
9 t h e L ov e Spong e
10 MR. P I T I S C I : You r Honor
11 BY MR. A U STR I C H:
12 Q. Sh ow on We dne s day m or n i n g I ' m s o r r y
13 T h u r s d a y m or n i n g , J a n u a r y 2 4 t h ?
14 MR. P I T I S C I : You r Honor , t h i s i s w ay ou t s i d
15 t h e s c op e . I c a l l e d h e r f o r one q u e s t i o n .
16 THE COURT: O v e r r u l e d .
17 T h i s i s n ot a t r i a l , c o u n s e l .
18 MR. P I T I S C I : I u n d e r s t a n d .
19 THE COURT: T h i s i s a m ot i on
20 MR. P I T I S C I : I w ou l d n ' t h a v e c a l l e d h e r i f
21 h e w as g oi n g t o b e a b l e t o r e d i r e c t h e r and
22 r e c r o s s h e r . I me an, I c a l l e d h e r f o r one
23 q u e s t i o n . T h e r e ' s g ot t o b e s ome r u l e t h a t a l l o w ^
24 me t o make a d e c i s i o n w h e t h e r I ' m g oi n g t o c a l l a
25 w i t n e s s or n ot .
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THE COURT: Approach t h e b ench .
(At s i de b ar . )
THE COURT: I h av e t o make a v e r y s e r i ou s ,
e x t r e me l y i mpor t ant r u l i n g t h at cou l d a f f e c t t h rej e
d i f f e r e n t p a r t i e s and cou l d a f f e c t at t or ne y s i n
t h i s cas e . I want t o make t h e r i g h t r u l i n g .
Now, i f s h e t ake s t h e F i f t h on c e r t a i n
q u e s t i ons , t h at s o be i t . But i f t h e r e ' s
addi t i onal i nf or mat i on t h at I need t o know t o be
ab l e t o make t h e cor r e ct r u l i n g , I want t o h e ar
i t .
MR. P I TI SC I : I j u s t want t o make s u r e t h at
my ob j e ct i on' s on t h e r e cor d. I woul dn't h av e
c a l l e d h e r i f he was g oi ng t o be ab l e t o r e cr os s
h e r and r e d i r e c t h e r and --
THE COURT: So what ar e you g oi ng t o as k?
MR. P I TI SC I : I woul dn't h av e done i t .
MR. AUSTRI CH: I j u s t l e ar ne d, Your Honor,
t h at s h e was on t h e Bubba t h e Lov e Sponge Show t h|e
ne x t morni ng when s h e cl ai ms t o h av e been out of
commi s s i on w i t h Mr. Campb e l l ' s b r i e f cas e i n h e r
car .
MR. P I TI SC I : I don't t h i nk t h at ' s t r u e
anyway.
MR. DI ACO: I f you j u s t as k h e r t h e
I
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q u e s t i ons , y ou 'r e g oi ng t o g e t t h e wrong ans wer .
MR. DI ACO: I s a i d be c a r e f u l of t h e q u e s t i o^
you don't know t h e ans wer t o, y ou 'r e g oi ng t o g et
t h e wrong ans wer.
He can as k h e r t h e q u e s t i on. She was n't on
t h e s how. Th at ' s r i d i c u l ou s . Th at ' s a r i di cu l ou $
a s s e r t i on . R i di cu l ou s .
THE COURT: We l l , I'm not s ay i ng i t i s or i t
i s n ' t , b u t we won't know --
MR. DIACO: I j u s t h av e t o s ay f or t h e r e cor d
t h at h e r e i n open cou r t t h e y h av e made s u g g es t i on; !
ab ou t a b r i e f cas e and t h e i n t e g r i t y of t h e
b r i e f c a s e , and we h av e n't h e ar d one s t at e me nt f roi f i
one w i t ne s s t h at woul d i mpeach t h e i n t e g r i t y of -
THE COURT: We g ot we got t h r e e i s s u e s i n
t h i s cas e , i n t h i s mot i on t h at I s e e . Okay? Two
of t hem ar e v e r y ob v i ou s . One i s t h e i n t e g r i t y of
t h e b r i e f c a s e .
MR. DI ACO: C or r e ct .
THE COURT: One i s t h e j u r or s .
MR. DI ACO: Ye s , s i r .
THE COURT: As of r i g h t now, t h e r e ' s no
i nf or mat i on i n f r ont of me t h at t h e i n t e g r i t y of
t h e b r i e f c a s e was v i ol at e d at t h i s t i me .
I
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At t h i s t i me t h e r e ' s no i n d i c a t i on t o me t hat !
any j u r or s h av e v i ol at e d t h e i r oat h j
l
MR. DI ACO: Under s t ood. j

THE COURT: wi t h t h e e x ce pt i on of t h e one j
j u r or who i ndi cat e d, wh i ch no one h ad a prob l em
w i t h .
MR. DI ACO: C or r e ct .
THE COURT: Th at l e av e s one ot h e r i s s u e i n
t h i s cas e . And t h at ' s a v e r y d i f f i c u l t i s s u e .
And t h at i s s u e de al s w i t h t o what e x t e nt di d a
member of y ou r f i r m, or members of y ou r f i r m,
e i t h e r l aw y e r s or nonl awy e r s , g et i nv ol v e d w i t h ar.
a r r e s t knowi ng who t h e at t or ne y i s and t h at we're
i n t h i s t r i a l .
And t h at i s a v e r y d i f f i c u l t i s s u e s i mpl y
b e cau s e i t i s not ag ai ns t t h e l aw t o r e por t
s omet h i ng t o t h e pol i ce . I u nde r s t and t h at . But
I al s o u nde r s t and t h at i t mi g h t be e t h i c a l
v i ol a t i on s t o t r y t o s e t s omebody up.
MR. DI ACO: I woul d j u s t s ay
THE COURT: And t h at ' s t h e d i f f i c u l t de ci s i on
t h at I h av e.
MR. P I TI SC I : We l l , we ~ h ol d on.
We h av e not I di d not b e l i e v e t h at t h at ' s
what t h i s h e ar i ng t h i s m i s t r i a l h e ar i ng was on
pm
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Be cau s e we h av e not gone i nt o
THE COURT: We l l , you'v e g ot t o u nde r s t and,
cou ns e l , t h i s morni ng when I wal ke d i nt o t h i s
cou r t h ou s e , I had no i de a ab out t h i s . I t h ou g h t I
was s u r pr i s e d enough Th u r s day morni ng
MR. AUSTRI CH: I was s uppos ed t o be i n t r i a l
i n Or l ando.
THE COURT: much l e s s Fr i day morni ng . Anc
a l l of you knew an awf u l l ot t h at I di dn' t know
ab ou t .
MR. P I TI SC I : But
THE COURT: And I s t i l l and I s t i l l di dn' t
know ab out i t up u n t i l t h e t i me t h at I'm h e ar i ng
i t now.
MR. P I TI SC I : But do you want me t o de f e nd
ab out wh et h er we t h e i r l aw f i r m t r i e d t o s e t
hi m up? Be cau s e i f t h at i s what we're h e r e t o t r y
and t h at ' s what we're h e r e t o pr e s e nt t o you, I
can I can -- I can do i t a l ot d i f f e r e n t l y t harf
t h i s .
And when I s ay a l ot d i f f e r e n t l y , t h at ' s what .
I was g e t t i ng i nt o w i t h , you know, nobody gav e h e r
i n s t r u c t i on s t o do any t h i ng . Nobody
THE COURT: We l l , I don't know t h at , b e cau s e
t h e r e ' s c e r t a i n q u e s t i ons t h at s h e ' s t ake n t h e
1 1 !
i ; :o
F i f t h Amendment on. j
MR. P I TI SC I : We l l
i
THE COURT: So I can' t I can' t I can' t i
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s pe cu l at e when a w i t ne s s h as e x e r ci s e d h er !
i
c on s t i t u t i on a l r i g h t .
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MR. P I TI SC I : But t h e f a c t t h at j
t
MR. AUSTRI CH: Your Honor {
MR. P I TI SC I : P h i l Campb e l l ' s b a s i c a l l y , j
you know, t r y i ng t o t ake h e r b ack t o t h e apart men^
h as no b e ar i ng on t h i s ?
THE COURT: N ot t h at I s e e . Whet her he was
or he was n't , t h at ' s
MR. P I TI SC I : Okay. But t h e i mpl i cat i on
t h e i mpl i cat i on i s we we h av e t r i e d t o s omehow
you know, s e t hi m up?
THE COURT: You know, i f a par al e g al i s
h av i ng a conv e r s at i on w i t h oppos i ng l e ad cou ns e l
i n a t r i a l , i n a h e at e d t r i a l , i n a
h ot l y - cont e s t e d t r i a l , i n a v e r y s e r i ou s t r i a l
t h at ' s g e t t i ng a l ot of p u b l i c i t y , and t h at pers om
does i t and knows who t h e ot h e r s i de i s and
doe s n' t d i s c l os e t h at f act , and t h e n we'v e g ot t h ^
i s s u e of t h e f act t h at t h at b r i e f c a s e was at t h e
Di aco l aw f i r m, a t h r e e -mi nu t e wal k f rom
Mr. Campb e l l ' s f i r m
MR. P I TI SC I : R i g h t .
THE COURT: and a b r i e f t h r e e -mi nu t e phone
c a l l away t h e y cou l d h av e made a phone c a l l anc
s ai d, Look i t , I got t o l e t you know we h av e y ou r
t r i a l b r i e f . Woul d you l i k e us t o wal k i t ov e r ,
or woul d you l i k e t o wal k ov e r and g e t i t ? Done
i n t h r e e mi nu t e s .
MR. P I TI SC I : Th ey t h e y don't h av e any
cont r ol ov e r
THE COURT: I'm not g oi ng t o h av e an argument
w i t h you, cou ns e l . I'm j u s t poi nt i ng out t h e
f a c t s . And i t cou l d h av e been h andl e d t h at way.
N ot w i t h s t andi ng your q u e s t i on, y ou r l e adi ng
q u e s t i on, t h at t h at was t h e f a s t e s t way you di d i t
i s t o t ake i t b ack t o t h e young l ady and h av e h e r
t ake a cab .
MR. P I TI SC I : I mean, t h e f act of t h e mat t e r
i s , i s , you know, nobody was e x act l y s u r e what t o
do at t h at poi nt , and t h e y di dn' t know Me l i s s a wai i
w i t h i t .
MR. AUSTRI CH: Th at ' s why we h av e t h e r u l e s ,
Your Honor.
THE COURT: Okay. So what do you want t o as k
h e r ?
MR. AUSTRI CH: Your Honor, I want t o as k h e r
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i f s h e pi cke d w e l l , I t ake t h at b ack. L e t ' s :
I can wi t h dr aw t h at , You r Honor. :
i
What I ' d r at h e r go down i s t h e I j u s t want j
i
t o r e d i r e c t on t h e i s s u e of t h e I'm s or r y
cr os s h e r on t h e i s s u e of t h e
THE COURT: I t h i nk I'm g e t t i ng a r e a l f l av or
of what occu r r e d. I t h i nk I g ot a r e a l good
f l av or of what occu r r e d. So I'm not s u r e how man}
more q u e s t i ons need t o be as ke d. And I'm not s u r e
i f t h e w i t ne s s i s g oi ng t o t ake t h e F i f t h or not .
Knowi ng Mr. C anne l l a, s h e mi g h t .
So what i s your ne x t q u e s t i on? Gi v e me a
pr of f e r . Gi v e me a pr of f e r , cou ns e l .
MR. AUSTRI CH: Your Honor, s h e cl ai me d t h at
s h e l i e d t o Mr. Campb el l t o you know, b e cau s e
s h e ' s a s i ng l e woman and s h e ' s a f r a i d t o h av e a
s t a l k e r g et h e r name.
We l l , at no poi nt i n t i me I want t o make
i t c l e a r t h at at no poi nt i n t i me di d s h e t e l l hi^
wh ere s h e r e a l l y worked.
MR. P I TI SC I : You'v e al r e ady s a i d t h at .
THE COURT: We l l , s h e ' s al r e ady s ai d t h at .
MR. AUSTRI CH: Okay. Yeah . But t h en s h e
handed hi m h e r keys t o dr i v e of f w i t h h e r i n a
car , and t h at ' s g e t t i ng cl os e t o t h e DUI .
i s :
THE COURT: We're not g e t t i ng i nt o t h e DUI .
THE COURT: We a l l know t h at at s ome poi nt i r ,
t i me Mr. Campb el l l e f t Mal i o' s . We know t h at at
s ome poi nt i n t i me s h e l e f t Mal i o' s . And we know
at s ome poi nt i n t i me Mr. Campb el l was ar r e s t e d
f or DUI , I b e l i e v e i n h e r v e h i cl e .
MR. P I TI SC I : And Mr. Campb el l t ook t h e
key s Mr. Campb el l
THE COURT: Th at i s a noni s s u e .
MR. P I TI SC I : Mr. Campb el l t ook t h e key s f roi f i
h e r .
THE COURT: Th at i s a
MR. P I TI SC I : But t h at ' s what h appened.
THE COURT: Th at i s a noni s s u e .
MR. P I TI SC I : But t h at ' s what happened.
THE COURT: Where's y ou r par t ne r ?
MR. DI ACO: My?
THE COURT: Your ot h e r par t ne r .
MR. DI ACO: He's not my par t ne r . He's my
as s oci at e . He's h e r e .
MR. P I TI SC I : We're g oi ng t o c a l l hi m ne x t .
THE COURT
MR. DIACO
THE COURT
You're g oi ng t o c a l l hi m ne x t ?
A b s ol u t e l y .
Okay. I don't I don't s e e
I
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1 any t h i ng e l s e f or t h i s young l ady .
2
3 (Si de b ar concl u de d. )
4 THE COURT: Any t h i ng e l s e ?
5 A ny t h i ng e l s e ?
6
MR. P I TI SC I : No, Your Honor.
7
THE COURT: You may s t and down.
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C a l l y ou r nex t w i t ne s s .
9
MR. DI ACO: Can we r e l e as e h e r f or t oday ?
10
THE COURT: You ' l l be r e l e as e d.
11
(Ms . P e r s oni u s was e x cu s e d. )
12
MR. P I TI SC I : N ex t w i t ne s s i s Br i an Mot r oni .
13
THE BA I L I FF: Ou t s i de ?
14
I s he ou t s i de ?
15
MR. P I TI SC I : Ye s .
16
THE COURT: You know wh at ? Be f or e we g et t o
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t h e ne x t w i t ne s s cou ns e l , b e f or e we g et t o t h e
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ne x t w i t ne s s , I t h i nk I ' d l i k e t o t ake ab out a
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20-, 30-mi nut e b r e ak. Cou r t r e por t e r h as n' t had i
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b r e ak. A l l r i g h t ?
21
(R e ce s s at 4:25 p.m.; r econv ened at f i v e
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o' cl ock p.m.)
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(Mr. Mot r oni h as e nt e r e d t h e court room. )
24
THE BA I L I FF: P l e as e r emai n s e at e d. Come t o
25
or de r . Cou r t i s now i n s e s s i on.
5
THE COURT: A l l r i g h t , cou ns e l . C a l l y ou r
ne x t w i t ne s s .
MR. P I TI SC I : Br i an Mot r oni .
THE BA I L I FF: St and h e r e f or me. Face t h e
c l e r k . R ai s e your r i g h t h and.
THE COURT: P l e as e s t at e your f u l l name and
s p e l l your l a s t name.
THE WI TN ESS: Br i an Mot r oni , M-o-t -r -o-n-i .
Q. Br i an, what f i r m do you work f or ?
A. I work f or Adams & Di aco.
Q. Okay. At s ome poi nt i n t i me, di d you come i r ,
cont act w i t h a t r i a l b r i e f cas e of P h i l i p Campb e l l ?
A. Ye s .
Q. Okay. At any poi nt i n t i me di d you e v e r oper|
t h at b r i e f cas e ?
A. No.
Q. Di d anyone as f ar as you ob s e r v e d at Adams &
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Di aco e v e r open t h e t r i a l b r i e f c a s e ?
A. No.
Q. Di d you e v e r t a l k t o t r i a l cou ns e l ab out t h e
b r i e f c a s e b e f or e i t was r e t u r ne d t o P h i l i p Campb el l ?
A. No.
Q. As f ar as you know, di d P h i l i p Campb el l pu t
t h e b r i e f cas e i n Me l i s s a' s car ?
MR. AUSTRI CH: Ob j e ct i on, Your Honor. No
f ou ndat i on. He h adn't l a i d a pr e di cat e f or how h ^
woul d know t h at .
MR. P I TI SC I : I mean, I t h ou g h t we were
h e ar s ay was al l ow e d at t h i s poi nt .
MR. AUSTRI CH: Th at ' s not my ob j e ct i on, Your
Honor.
Q. Do you know do you know how t h e b r i e f cas e
g ot i n Me l i s s a' s car ?
A. I mean, my b e s t g u e s s i s t h at P h i l i p
MR. AUSTRI CH: Ob j e ct i on.
THE COURT: No, don't g u e s s . Do you know?
THE WI TN ESS: Do I know?
Q. Di d Me l i s s a t e l l you t h at P h i l i p Campb el l pui
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i t
MR. AUSTRI CH: Ob j e ct i on.
THE COURT: Tr y not t o l e ad.
Di d anyb ody t e l l you how t h e b r i e f c a s e g ot
t h e r e ?
THE COURT: Who?
THE WI TN ESS: Me l i s s a P e r s oni u s .
THE COURT: What di d s h e t e l l you?
MR. AUSTRI CH: Your Honor, I'm g oi ng t o
ob j e ct and pr e s e r v e i t f or t h e r e cor d.
THE COURT: Th i s i s not a t r i a l .
MR. AUSTRI CH: Hear s ay .
THE COURT: I t ' s not a t r i a l .
P r oce e d.
THE WI TN ESS: She i nf or med me t h at he h ad
l e f t i t i n t h e car t h e ni g h t t h at he was ar r e s t e d] .
Q. But i s i t y ou r u nde r s t andi ng t h at Me l i s s a di l d
not p h y s i c a l l y pu t t h e b r i e f cas e i n t h e car ?
THE WI TN ESS: Yes .
Don't l e ad. I ' l l s ay i t ag ai n. Don't l e ad.
128
Q. Do you know one way or anot h e r wh et h er P h i l i p
Campb el l put t h e b r i e f cas e i n t h e car ?
A. Me l i s s a P e r s oni u s t ol d me t h at s h e was
compl e t e l y unaware t h at P h i l i p Campb el l had a b r i e f cas j e
at any poi nt i n t i me pr i or t o di s cov e r i ng i t i n h e r
v e h i c l e . So t h e onl y way i t cou l d h av e g ot t e n i n
t h e r e --
THE WI TN ESS: woul d h av e been by P h i l
Campb e l l .
MR. AUSTRI CH: Spe cu l at i on and beyond t h e
s cope .
THE COURT: Su s t ai ne d. Th at ' s s pe cu l at i on.
Q. I t ' s my u nde r s t andi ng t h at you were i n
pos s e s s i on of t h i s b r i e f cas e f or appr ox i mat e l y one
h our. Di d you s e e or di d you open t h e b r i e f c a s e ?
Di d you s e e anybody open t h e b r i e f c a s e , or di d you op^n
t h e b r i e f c a s e ?
A. No, t o b ot h .
MR. P I TI SC I : No f u r t h e r q u e s t i ons .
BY MR. AUSTRI CH:
Q. Di d you di s cu s s t h i s b r i e f cas e w i t h Mr. Cl emf
THE COURT: C ou ns e l , pl e as e us e t h e podi um.
BY MR. AUSTRI CH:
Q. Di d you di s cu s s t h e f a c t t h at you h ad
pos s e s s i on of Mr. Campb e l l ' s b r i e f c a s e w i t h Mr. Cl em?
Th ey can' t ans wer f or you, s i r .
A. I'm not l ooki ng f or t hem t o ans wer i t f or me
I -- my di s cu s s i ons w i t h Mr. Cl em
Q. S i r , ans wer t h e q u e s t i on.
MR. P I TI SC I : Wai t a mi nu t e.
Hav e a s e at .
MR. P I TI SC I : I'm g oi ng t o ob j e ct .
THE COURT: Have a s e at .
R e s t at e y ou r q u e s t i on.
BY MR. AUSTRI CH:
Q. Di d you h av e a di s cu s s i on wi t h Mr. Cl em
r e g ar di ng t h e f a c t t h at your of f i c e had pos s e s s i on of
A. No.
Q. Di d anyone f rom y ou r of f i c e , t o your
knowl edge, h av e a di s cu s s i on w i t h Mr. Cl em r e g ar di ng
t h e f a c t t h at y ou r of f i c e had pos s e s s i on of
1 30
A. N ot t o my knowl edg e.
Ar e you r e f e r r i n g t o t h e t i me pe r i od when I
was i n pos s e s s i on of i t or I'm
Q. Any t i me pr i or t o i t s r e t u r n t o our of f i c e .
A. Okay. No.
Q. Have you had any di s cu s s i ons w i t h Mr. Cl em
r e g ar di ng t h e cont e nt s of t h at b r i e f c a s e ?
A. I'm unaware of t h e cont e nt s of t h e b r i e f cas e ,
So, no.
Q. How di d you de t e r mi ne t h at i t was a, q uot e,
t r i a l b r i e f c a s e ?
A. We l l , f rom t h e l ooks of i t . When I s aw i t ,
i t was q u i t e l ar g e , and i t had -- I ' v e b een i n t r i a l
w i t h h i m f or t h e pas t t wo weeks . And when I s aw i t , I
as s umed t h at t h at was h i s t r i a l b r i e f cas e , g i v e n t h e
s i z e of t h e b r i e f c a s e .
Q. When you went t o Ms . P e r s oni u s ' s home t o
r e t r i e v e t h e cas e , what di d you t h i nk you were g oi ng t|o
g e t ?
A. I had no i de a what I was g oi ng t o g et as f ar
as what I was g oi ng t o f i nd when I was t h e r e . When I
s aw t h e b r i e f cas e , t h at ' s when I r e a l i z e d i t was
Mr. Cam mos t l i k e l y I s t i l l don't know, b u t mos ^
l i k e l y Mr. Campb el l 's t r i a l b r i e f c a s e .
Q. But you di dn' t know f or s u r e , di d you?
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A. Whet her or not i t was h i s t r i a l b r i e f cas e at
t h at poi nt ?
Q. Yeah .
A. I mean, I s t i l l don't know f or s u r e .
Q. Di d you cont act Mr. Campb el l or anyone at
Shumaker, Loop & Ke ndr i ck once you r e a l i z e d what you
h ad?
A. When I t h ou g h t what I had, I c a l l e d my b os s ,
my i mmedi at e s u pe r v i s or , St eph en Di aco, t o r e por t i t t o
hi m. I di d not pe r s onal l y cont act anybody at Shumakep,
Loop & Ke ndr i ck.
Q. Th e r e ' s a r u l e book on t h e w i t ne s s podi um i n
f r ont of you, and t h e r e ' s a pi nk t ab on t h e t op of i t .
Cou l d you f l i p t o t h at ?
R u l e 4-4 poi nt I t h i nk i t ' s 4 ( b ) .
MR. P I TI SC I : Your Honor, I'm g oi ng t o ob j ecj t
t o t h i s . We've al r e ady been t h r ou g h t h i s . I
mean, u nl e s s i t ' s r e l e v ant t o t o t h e
pr oce e di ng , i t ' s not ne ce s s ar y . The Cou r t i s
al r e ady aware of
THE COURT: I'm g oi ng t o as k you a q u e s t i on.
THE COURT: C ou ns e l , when di d you r e a l i z e
t h at you h ad Mr. Campb e l l ' s t r i a l b r i e f c a s e ?
THE WI TN ESS: P r ob ab l y at when I r e a l i z e d
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I h ad pos s e s s i on of i t , t h at i t wa3 a c t u a l l y h i s
t r i a l b r i e f c a s e ? When Shumaker, Loop & Ke ndr i ck
c a l l e d St eph en Di aco t o n ot i f y St eph en Di aco t h at
i t was a c t u a l l y h i s t r i a l b r i e f c a s e .
THE COURT: We l l , what di d you t h i nk you had
p r i or t o t h at ?
THE WI TN ESS: A b r i e f c a s e . I as s umed i t was
h i s b r i e f c a s e . But you as ke d when di d I know i t
was h i s b r i e f c a s e , and I
THE COURT: When when di d you f i n d out
t h at t h at you or s omeone i n y ou r f i r m, be i t
par al e g al , be i t at t or ne y , or anyone, h ad a
b r i e f c a s e t h at may b el ong t o an oppos i ng cou ns e l
i n a t r i a l ? At what poi nt ?
THE WI TN ESS: When I a r r i v e d and s aw t h e
b r i e f c a s e
THE COURT: At Me l i s s a' s ?
THE WI TN ESS: At Me l i s s a' s .
THE COURT: When you di d t h at and you
r e a l i z e d t h at you may h av e a b r i e f c a s e t h at
b e l i e v e d t h at b e l ong s t o an oppos i ng cou ns e l i
a t r i a l b e i ng condu ct ed, why di d you not c a l l t h e
oppos i ng f i r m and l e t t hem know ab ou t i t
i mme di at e l y ?
THE WI TN ESS: I c a l l e d my i mmedi at e
1 32
i :i 3
s u pe r v i s or , St eph en Di aco, and he s a i d t o come
b ack t o t h e of f i c e and t h at he was g oi ng t o t ake
car e of i t .
THE COURT: So Mr. Di aco s ai d t h at he woul d
t ake car e of i t ?
THE WI TN ESS: He s ai d y e s .
THE COURT: A ny t h i ng e l s e ?
BY MR. AUSTRI CH:
Q. Di d you e v e r c a l l P h i l Campb el l or Shumaker,
Loop & Ke ndr i ck?
A. I di dn' t h av e P h i l ' s number. But , no, I di d
not . I di d not pe r s onal l y c a l l t h e i r of f i c e .
MR. AUSTRI CH: No f u r t h e r q u e s t i ons , Your
Honor.
THE COURT: Okay.
A ny t h i ng f u r t h e r ?
MR. P I TI SC I : N ot h i ng f u r t h e r .
You're e x cu s e d.
Who e l s e do you h av e ?
MR. P I TI SC I : No one f u r t h e r .
THE COURT: Okay.
(Mr. Mot r oni was e x cu s e d. )
THE COURT: You h av e t wo mot i ons ; i s t h at
c or r e c t ?
134
MR. AUSTRI CH: I do, Your Honor.
A ct u al l y , t h e r e ' s one poi nt of e v i de nce t h at
we di dn' t g e t i n, and t h at i s t h at Mr. Campb el l
l i v e s b l ocks away f rom Mal i o' s , wh i ch i s where
Ms . P e r s oni u s met up wi t h hi m.
THE COURT: Do you di s pu t e t h at ?
MR. DI ACO: We don't know wh ere he l i v e s .
MR. P I TI SC I : I don't know wh ere he l i v e s .
MR. AUSTRI CH: We l l , Mr. E l l i s i s s t i l l h e r e
He's s t i l l under oat h . I'm pr e par e d t o put hi m op.
t h e s t and.
MR. P I TI SC I : I mean, I ' l l s t i p u l a t e i f
y ou 'r e t e l l i n g y ou 'r e an of f i c e r of t h e cou r t . !
THE COURT: He's an of f i c e r of t h e cou r t . He
h as made a pr of f e r
MR. P I TI SC I : I ' l l s t i p u l a t e w i t h t h e
Cou r t
THE COURT: -- t h at Mr. Campb el l l i v e s a f ew
b l ocks f rom Mal i o' s .
MR. P I TI SC I : I ' l l we can i nt r odu ce
THE COURT: Do you h av e any r e as on t o di s put |e
t h at ?
MR. P I TI SC I : No.
THE COURT: Okay.
[
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A l l r i g h t . L e t me h e ar y ou r arg ument .
MR. AUSTRI CH: And, Your Honor, I g u es s I ' d
al s o l i k e on t h e r e cor d t h at he di dn' t h av e h i s
car wi t h hi m, wh i ch Mr. E l l i s can t e s t i f y t o,
b e cau s e he wal ked t o Mal i o' s . I don't know i f
t h at came out i n t h e t e s t i mony .
THE COURT: Why don't you put hi m on t h e
s t and t o t e s t i f y ab out t h at .
THE COURT: C a l l Mr. E l l i s .
(Mr. E l l i s r e t u r ns t o t h e court room. )
THE COURT: C ou ns e l , appr oach t h e b ench .
(At s i de b ar . )
THE COURT: I am g oi ng t o we ar e not
pu b l i s h i ng t h i s t e l e ph one number, b u t I w i l l e ach
g i v e you an oppor t u ni t y t o l ook at t h e number
b e f or e I s e a l t h i s , b e cau s e I'm s i g ni ng an or de r
s e al i ng t h i s . Okay? You want t o t ake a l ook at
t h e number and g et t h e number of f i t ?
You want t o g e t t h e number of f i t ?
MR. P I TI SC I : I s t h at Mr. D i aco' s number?
THE COURT: Th at ' s Mr. St e v e D i aco' s number.
MR. P I TI SC I : I h av e i t .
THE COURT: You h av e i t . Okay.
I
135
1 36
THE COURT: A l l r i g h t . I f you g i v e i t b ack
t o me.
Th ank you.
Mr. E l l i s , y ou 'r e s t i l l under oat h . P l e as e
h av e a s e at .
THE COURT: Mr. E l l i s , I h av e a cou pl e
q u e s t i ons f or you.
THE COURT: Do you know wh ere Mr. Campb el l
l i v e s ?
THE WI TN ESS: I b e l i e v e he l i v e s i n Sky P oi nt
Your Honor.
THE COURT: And how f ar i s t h at i n
r e l a t i on s h i p t o Mal i o' s ?
THE WI TN ESS: My g u e s s , wi t h ou t cou nt i ng ,
s omewhere b et ween ab out f ou r t o s i x b l ocks .
THE COURT: Do you know on t h e e v e ni ng i n
q u e s t i on t h at i s t h e s u b j e ct t o t h i s i nq u i r y as t|o
wh et h er Mr. Campb el l had a car ?
THE WI TN ESS: I don't b e l i e v e he had a car ,
Your Honor, b e cau s e i t ' s one of t h e r e as ons
i s t h at he I t h i nk t h e Cou r t knows Mr. Campbel j l
h ad a p r i or DUI . And one of t h e r e as ons we go t c
Mal i o' s i s b e cau s e he can wal k home wi t h ou t any --
1 37
wi t h ou t any worry.
THE COURT: Okay.
Any ot h e r q u e s t i ons ?
MR. AUSTRI CH: No, Your Honor.
MR. P I TI SC I : Di d you happen you
wer en't you di dn' t s e e Mr. Campb el l r e ce i v e t h e
key s f rom Me l i s s a at t h e v a l e t , di d you?
THE WI TN ESS: I -- I had l e f t e ar l y , s i r .
MR. P I TI SC I : Okay. So you h av e no i de a what
h appened at t h e v al e t ?
THE WI TN ESS: Onl y what I ' v e b een t ol d f rom
ot h e r s ou r ce s .
MR. P I TI SC I : Okay. Thank you.
THE COURT: A l l r i g h t . You may r emai n i n t h 4
cou r t r oom at t h i s t i me .
MR. EL L I S: Thank you.
THE COURT: We've concl u de d t h e t e s t i mony .
I ' l l h e ar b r i e f argument f rom each s i de .
Your Honor, as you poi nt e d ou t , we h av e a
mot i on f or d i s q u a l i f i c a t i on and a mot i on f or a
m i s t r i a l . And i f I can, s i nce as you poi nt e d out
e a r l i e r t h i s h as been 24 h ou r s , I'm g oi ng t o do mir
.38
b e s t t o s ummari ze what we've h e ar d.
THE COURT: I t h i nk I ' v e got a pr e t t y good
i de a of t h e t e s t i mony .
MR. AUSTRI CH: We l l , I woul d l i k e t o poi nt
out a cou pl e of key i s s u e s , t h oug h , Your Honor.
THE COURT: P l e as e go ah ead.
MR. AUSTRI CH: L e g al l y , once i t i s
e s t ab l i s h e d, Your Honor, t h at t h e r u l e I'm
s or r y t h at t h e f i r m, who i s b e i ng s oug h t t o be
d i s q u a l i f i e d , had acce s s I ' l l r e ad Your Honor,
i f I can, t o i t ' s t h e Kou l i s i s v s . R i v e r s cas e .
Th i s i s a 1999 cas e f rom t h e Fou r t h D i s t r i c t Cour)t
of A ppe al s .
Once i t h as b een e s t ab l i s h e d t h at t h e f i r m
s oug h t t o be d i s q u a l i f i e d h ad acce s s had
pos s e s s i on of mat e r i al s , t h e b u r den s h i f t s t o t h e
r e s ponde nt f i r m t o demons t r at e by t h e g r e at e r
we i g h t of t h e e v i de nce t h at t h e y h ad no act u al
knowl edge of any conf i de nt i al i nf or mat i on mat e r i aj l
t o t h e cas e b e cau s e , i n f a c t , t h e r e was a
pr e s u mpt i on t h at t h e y h ad t h e i nf or mat i on at t h e i j r
di s pos al . Th ey a c t u a l l y do h av e t h e i nf or mat i on,
wh i ch woul d cr e at e an u nf ai r adv ant ag e ob v i ou s l y
i n t h i s cas e , Your Honor.
So we'v e met t h at b urden, Your Honor, by
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13!
e s t a b l i s h i n g t h e y ' v e had t h e cas e f or t h e i r
s t a f f pe r s on had i t f or 18 h ou r s and a l awy e r i n
t h e i r of f i c e had i t f or a f u l l h our.
As t o what happened w i t h t h e cas e , Your
Honor, I t h i nk t h e t e s t i mony i s pr e t t y i ncr e di b l e
To s ay t h at t h ey cou l d not h av e j u s t wal ked i t
ov e r , t h e t h r e e -mi nu t e wal k f rom t h e par ki ng
g ar ag e, b e cau s e t h e y di dn' t want t o t ou ch i t
de f i e s l og i c . The r u l e does n't s ay any t h i ng about ,
t ou ch i ng t h e f i l e . The r u l e s ay s v e r y c l e a r l y
y ou 'r e s uppos ed t o pr ompt l y not i f y .
And i t was n't u n t i l Mr. E l l i s t e l e ph one d
Mr. Di aco i n t h e e v e ni ng of t h e 24t h t h at we've
conf i r me d t h at i n f act t h e y had i t and t h at t h e y
di s cl os e d t h at t h e y had t h e b ag . And as t h at
phone c a l l was t aki ng pl ace , Ms . P e r s oni u s was i n
a cab h eadi ng t o t h e b u i l di ng b ack f rom whence t h
bag had al r e ady appar e nt l y s at i n t h e g arag e,
accor di ng t o t h e i r s t or y , i n or de r t o conce al t h e
f act t h at t h e y had pos s e s s i on of t h e bag.
On t op of t h at , t h e cab b i e s h e t e s t i f i e d
s h e s e nt t h e cab b i e i n wi t h t h e bag, t h e r e f or e
f u r t h e r conce al i ng where t h e bag came f rom. Th e i
i nt e nt ev en t hough t h e y knew we were i n t h e
of f i c e , t h e y knew t h e of f i c e was open, t h ey cou l d
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h av e c a l l e d u s . Ev en a f t e r a l l t h at , i f he di dn' t
2
want t o t ou ch i t and he knew t h e i r i de a was t o
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h av e t h i s bag anonymous l y dropped of f by an
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unknown pe r s on t o s omeone who di dn' t know what i t
5
was . And f or a l l we know, t h at bag woul d h av e s at
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i n t h e s e c u r i t y of f i c e f or a week.
7
Th e r u l e s r e q u i r e t h at t h e y not engage i n an}
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act i on t o h i nde r or de l ay us f rom acce s s i ng
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mat e r i al s t h at ar e mat e r i al i mpor t ant t o t h e
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cas e , Your Honor.
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THE COURT: So what e x act l y remi nd me,
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what t i me di d you a c t u a l l y r e ce i v e t h e t r i a l bag
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b ack?
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MR. AUSTRI CH: I t was ar ou nd I t h i nk
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Mr. E l l i s t e s t i f i e d i t was cl os e t o 6:00.
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THE COURT: Si x o' cl ock y e s t e r day ?
17
MR. AUSTRI CH: Yes .
18 THE COURT: Okay.
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MR. AUSTRI CH: Ye s . And t h e y knew s i nce
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3:00. A l awy e r i n t h e i r of f i c e , Mr. a par t ne r
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i n t h e i r of f i c e knew at l e a s t t h r e e h ou r s pr i or
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t h at t h e y h ad pos s e s s i on of what t h e y t h oug h t was
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a b r i e f c a s e or pe r s onal i t e ms , r e g ar dl e s s of what
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i t was , and no one c a l l e d u s . No one. S t i l l no
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one c a l l e d . We had t o c a l l t hem. And t h e r e was
u 1
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at l e a s t t h e y h ad t h r e e h ou r s . I mean, t h e r e ' 9
no e x cu s e f or i t .
Fu r t h er mor e, Your Honor, as t o t h e e v e ni ng iijk
q u e s t i on, we h av e t h e p a r t i e s pl e adi ng t h e F i f t h
on t h e key q u e s t i ons . P l e adi ng t h e F i f t h ,
Ms . Me l i s s a Me l i s s a P e r s oni u s pl e d t h e F i f t h t<j>
t h e q u e s t i on were you g oi ng t h e r e i n or de r t o g et
Mr. Campb el l dr u nk. And s h e pl e d t h e F i f t h , t h e
F i f t h , t o t h e q u e s t i on of was s h e g oi ng t h e r e t o
g e t hi m ar r e s t e d f or DUI .
Th i s Cou r t -- I'm s u r e as t h e Cou r t i s aware
i f you pl e ad t h e F i f t h , t h e Cou r t i s al l owe d t o
draw an adv e r s e i nf e r e nce .
THE COURT: I n c i v i l cas e s , y e s .
MR. AUSTRI CH: I u nde r s t and. And we're i n a
c i v i l cas e h e r e .
THE COURT: Uh-huh.
MR. AUSTRI CH: And t h e ot h e r key q u e s t i ons ,
Your Honor, i n t h i s day and age where no one,
i ncl u di ng Mr. Di aco, wal ks ar ou nd wi t h ou t t h e i r
phone, Mr. Di aco, who was s ub poenaed t o appear
t oday w i t h h i s phone, s omehow mi r acu l ou s l y does n'j :
h av e i t w i t h hi m. Ye t we h e ar d hi m t e s t i f y
l
i
cou nt l e s s occas i ons where he was on h i 3 c e l l j
phone. He c a r r i e s i t around j u s t l i k e t h e r e s t oif
14:
L
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US.
He b r oke a cou r t or de r , a s ub poena, t o come
h e r e wi t h ou t h i s c e l l phone. And t h e r e as on he
di dn' t want t o h av e h i s c e l l phone i s b e cau s e t h e
s ame r e as on t h at he di dn' t want t o ans wer t h e
q u e s t i on ab out wh et h er or not he s poke w i t h
Me l i s s a P e r s oni u s t h at e v e ni ng , t o al s o of wh i ch
he pl e d t h e F i f t h .
Your Honor, i t was t h e i r of f i c e t h at t h e
at t or ne y i n t h e i r of f i c e who c a l l e d t h e Tampa
P ol i ce Depart ment , a f r i e nd i n t h e Tampa P ol i ce
Depart ment , not t h e s wi t ch b oar d, t o h av e
Mr. Campb el l s t al k e d b a s i c a l l y . He t h e c a l l
went out at q u ar t e r t o 8:00. Nobody s aw
Mr. Campb el l i n a car . Th e r e ' s no t e s t i mony t h at
he was a c t u a l l y t h at he h ad h i s car t h e r e . I n
f a c t , Mr. E l l i s t e s t i f i e d he di dn' t h av e h i s car
t h e r e . Th ey wai t e d f or hi m. Th ey had a pol i ce
of f i c e r t h e r e u n t i l t h e i r a s s i s t a n t i ndu ce d hi m t
g e t i n t h e car and dr i v e .
And I'm not e x cu s i ng h i s act i ons . But t h e y
s e t t h i s t h i ng up f rom day one: t h e s t i ng , t h e
ci r cu ms t ance s , and t h e s u b s eq u ent medi a b l owout
t h at t h e y engaged i n s h or t l y a f t e r t h e i nci de nt
was r e v e al e d.
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Wi t h r e s pe ct t o t h e r e l i e f s oug h t , Your
Honor, i t ' s i n t h e s ound d i s c r e t i on of t h i s Cou r t
t o g r ant a m i s t r i a l . And, Your Honor, we t h i nk
t h at b e cau s e of t h e mi s s i ng r e cor ds s o f ar t h at w^
i
s ub poenaed h e r e , e s p e c i a l l y t h e phone r e cor ds
Mrs . P e r s oni u s woul dn't ev en g i v e us h e r phone
1
number, and Mr. Di aco di dn' t b r i ng h i s phone
t h at t h i s Cou r t t ake t h e mot i on f or m i s t r i a l undei r
adv i s ement , al l ow t h i s cas e t o go t o t h e j u r y , and
al l ow us t o g et t h os e addi t i onal r e cor ds s o we cap
condu ct di s cov e r y s o t h i s C ou r t h as a f u l l and
adeq u at e pr e s e nt at i on of t h e i s s u e s on t h i s ,
b e cau s e t h os e phone r e cor ds ar e g oi ng t o be
c r i t i c a l as t o wh et h er i t was t h i s l aw of f i c e or
not who a c t u a l l y e i t h e r pl anne d i t f rom t h e
b e g i nni ng or knew ab out i t and t h e n s e t out t o do
i t , wh et h er or not t h ey were eng ag ed. Mr. Di aco
cou l dn' t remember wh et h er he s poke t o h er or not ,
b u t h i s phone r e cor ds w i l l b e ar t h at ou t . And s o
w i l l h e r s . And we've been de ni e d acce s s t o b ot h
of t h os e .
I t was a s i mpl e t h i ng t o wal k i n h e r e and
s how us what phone what phone c a l l s . I can
s how you g oi ng b ack a mont h who I ' v e c a l l e d ev er y
mi nut e of t h e day. And t h e y cou l dn' t do t h at ,
ev en t h oug h one of t hem was under a s ub poena t o do
t h at .
And, Your Honor, we h av e au t h or i t y f or t h at
t o h ol d t h e cas e u nder ab at ement . I t ' s t h e R i ck s
cas e . I t ' s Fl or i da Supreme Cou r t .
THE COURT: I t h i nk I'm s or t of f a m i l i a r wi t h
s ome of t h e cas e s .
C ou ns e l , l e t me h e ar f rom you. Who's g oi ng
t o ar g u e ?
MR. DI ACO: I am, Your Honor.
MR. DI ACO: I f i t pl e as e s t h e C ou r t , as I
al way s do, I'm g oi ng t o go b ackwards , and I'm
g oi ng t o f ocu s on t h e r e ' s no e v i de nce t h at e i t h e r
my s e l f or Mr. He ar i ng was i n pos s e s s i on of t h e
b r i e f cas e . Th e r e ' s no e v i de nce t h at t h e i n t e g r i t j
of t h e b r i e f c a s e was e v e r di s r u pt e d.
THE COURT: You're an of f i c e r of t h e cou r t .
T e l l me when you f i r s t l e ar ne d about t h e b r i e f c a s ^
i nci de nt .
MR. DI ACO: A f t e r i t was r e t u r ne d.
THE COURT: Mr. He ar i ng , you're an of f i c e r of
t h e cou r t . P l e as e t e l l me when you f i r s t l e ar ne d
ab out t h e b r i e f c a s e i nci de nt .
MR. HEARI N G: Appr ox i mat e l y 6:20 p.m. l a s t
It 5
ni g h t .
THE COURT: A f t e r i t was r e t u r ne d?
MR. HEARI N G: Ye s , s i r .
You may pr oce e d.
MR. DI ACO: S i m i l a r l y , Judge, t h e r e ' s no
e v i de nce t h at t h e i n t e g r i t y of t h i s t r i a l h as beei j i
di s r u pt e d or t h at t h e i n t e g r i t y of t h e j u r y h as
been di s r u pt e d. You as ke d t h e j u r or s t h e
q u e s t i ons t h i s morni ng v e r y c a r e f u l l y , f ocu s e d i n
on t h e cor r e ct i s s u e s . None of t hem h av e been
pr e j u di ce d by any of t h e p u b l i c i t y r e g ar di ng
Mr. Campb e l l ' s own condu ct .
We've h e ar d a l ot of argument ab out s e t u ps ,
and I t ake pe r s onal of f e ns e t o t h at b e cau s e no on
f or ce d Mr. Campb el l t o dr i nk. No one f or ce d hi m
t o g e t i nt o a car . And no one f or ce d hi m t o g et
b e h i nd t h e wh eel of a car and dr i v e . Th e r e ' s no
t e s t i mony t h at anyone f or ce d hi m t o do any t h i ng .
And when t h e y u s e a s t r ong word l i k e " s e t u p," t ha] t
r e a l l y , f or me as t r i a l cou ns e l , i s of f e ns i v e ,
b e cau s e t h e r e ' s not h i ng wrong w i t h a c i t i z e n
r e por t i ng s omeone e l s e who's dr i nk i ng and dr i v i ng
Th e r e ' s not h i ng i nappr opr i at e ab out t h at .
But , more i mpor t ant l y , t h e r e ' s no e v i de nce
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t h at any condu ct of any l awy e r i n t h i s f i r m, i n my
f i r m, i n Mr. He ar i ng ' s f i r m, pr e j u di ce d t h i s j u r y
i n any way, s h ape, or f orm. No e v i de nce t h at j
conf i de nce s were di s cl os e d. I n f a c t , t h e e v i de ncj s
t o Your Honor i s t h e t r i a l b r i e f c a s e was ne v e r j
I
opened. j
And we can ar g u e ab out prompt . Wi t h i n t h r e e j
h ou r s of f i ndi ng out t h at t h e b r i e f c a s e was t h e r e
t h e s e ni or par t ne r of t h e f i r m s ai d, Don't t ou ch
i t ; I don't want anyone t o open i t ; and l e t ' s makjs
s u r e i t g e t s b ack t o t h e f i r m.
Now, wh et h er i t was done prompt enough,
accor di ng t o t h i s t ab l e ' s t i me t ab l e , I t h i nk t h at
t h r e e h ou r s w i t h i n di s cov e r y i s prompt enough t o
f u l f i l l s omeone's e t h i c a l ob l i g at i ons .
But , more i mpor t ant l y , I want t o f ocu s on
t h i s t r i a l . Th er e i s ab s ol u t e l y no e v i de nce , l e t
al one any h i nt t h at cou l d be made, t h at
Mr. He ar i ng or I had any acce s s t o i t du r i ng t h e
t h r e e h ou r s , t h at Mr. He ar i ng and I were pr ov i de d
any i nf or mat i on wh at s oe v e r . The e v i de nce , i n
f a c t , Judg e, i s t h at t h e b r i e f cas e was ne v e r
opened.
Mr. E l l i s came up h e r e and he t e s t i f i e d he
di dn' t ev en know t h e b r i e f cas e was t h e r e , he s ai d
T
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(Mr. Sch ni t t r e t u r ns t o t h e cou r t r oom. )
MR. DI ACO: He h as no e v i de nce as t o wh et h er
or not t h e b r i e f cas e was put by Mr. Campb e l l i n
t h e car or not . He doe s n't know any t h i ng . He
di dn' t pr ov i de any e v i de nce t o Your Honor t h at
woul d j u s t i f y t h e h ar s h , h ar s h s anct i on of a
m i s t r i a l .
And I j u s t want ed t o q uot e s ome cas e l aw f or
you. I h av e j u s t l i t e r a l l y 30 mi nu t e s , Judge, anc
f or g i v e me f or not h av i ng t h e cas e s h e r e .
Sy kes v s . St at e . Can be f ound, f or t h e
r e cor d, at 329-356. The c i t a t i on ' s at page 359.
I t ' s a F i r s t 1976 F i r s t DCA cas e . Onl y where
s u ch a f u ndament al or p r e j u d i c i a l e r r or h as been
commi t t ed as w i l l r e q u i r e g r ant i ng of a new t r i a l
l a t e r s h ou l d a new t r i a l s h ou l d a mot i on f or
m i s t r i a l be g r ant e d.
Th e r e i s no e v i de nce t h at t h e r e ' s b een any
e r r or , l e t al one f u ndament al and p r e j u d i c i a l
e r r or , wi t h t h i s j u r y and wi t h t h e i n t e g r i t y of
t h e j u r y t h at we're f ocu s i ng on.
Then I woul d h i g h l i g h t f or t h e Cou r t t h e
Ov e r t on v s . St at e . I t ' s a Fl or i da Supreme Cou r t
cas e . Can be f ound, f or t h e r e cor d, at 801 So. 2d
page 877, q uot e, a m i s t r i a l s h ou l d be g r ant e d
K8
onl y , onl y , Your Honor, where t h e e r r or i s s o
p r e j u d i c i a l as t o v i t i a t e , v i t i a t e t h e e nt i r e
t r i a l .
Th e r e h as been no e v i de nce t h at any t h i ng h as
di s r u pt e d t h e t r i a l . Th e r e h as been no e v i de nce ,
You r Honor, t h at t h e r e was any d i s c l os u r e .
The cas e t h at was c i t e d , f or t h e r e cor d,
Kou l i s i s v s . R i v e r s , 730 So. 2d 289, i s a
d i s q u a l i f i c a t i on cas e i n wh i ch a l awy e r had
c on f i d e n t i a l i nf or mat i on t h at was i n t h e i r
pos s e s s i on. Th at was di s cl os e d.
Th e r e ' s no e v i de nce at a l l t h at any t h i ng
ot h e r t h an a b r i e f cas e was i d e n t i f i e d , l e t al one
t h e cont e nt s of t h e b r i e f c a s e .
I u nde r s t and t h at t h e Sch ni t t s may be u ps e t
b e cau s e t h e i r at t or ne y g ot a DUT. I u nde r s t and
t h at t h e Sch ni t t s may be u ps e t b e cau s e i t got
p u b l i c i t y . But I do not u nde r s t and why t h e
S c h n i t t s woul d as k f or a m i s t r i a l when t h e r e ' s no
e v i de nce t h at t h i s j u r y was aware of any of t h i s ,
t h at any of t h i s condu ct pr e j u di ce d t h e i r a b i l i t y
t o l ook at t h i s cas e f a i r l y and i m p a r t i a l l y .
We h av e b een h e r e f or t wo weeks , Your Honor,
and I h av e l i v e d and di e d t h i s cas e f or f i v e
y e ar s . And you know t h at I h av e t r i e d my b e s t t c
1 1 9
t r y t h i s cas e i n t h e cou r t . And I want you t o
f ocu s on ray condu ct and t h e condu ct of Mr. He ar i nb
and Mr. Cl em. Th e r e i s no e v i de nce t h at any of us
h ad any i nf or mat i on, l e t al one c on f i d e n t i a l ,
pr ot e ct e d i nf or mat i on t h at i n s ome way
THE COURT: Take a s e at , Mr. E l l i s .
MR. DI ACO: pr e j u di ce d t h i s j u r y . No
e v i de nce of t h at . Judg e.
And what we've j u s t done i s t ake n a l ot of
t e s t i mony . And i t ' s i mpor t ant . I u nde r s t and why
you di d i t . And I t h i nk i t ' s i mpor t ant f or you t o
g e t a f u l l pi ct u r e .
But i f you f ocu s on t h e i mpor t ant par t s of
t h e e v i de nce , Judge, t h e e v i de nce i s v e r y , v e r y
r e v e al i ng . N ot h i ng was r e v e al e d. N ot h i ng was
r e v e al e d, l e t al one s omet h i ng t h at was r e v e al e d
t h at was of s u ch a f u ndament al or p r e j u d i c i a l
e r r or as t o j u s t i f y t h e s e v e r e s anct i on of a
m i s t r i a l .
The s a n c t i t y of t h e j u r y h as been pr ot e ct e d.
The i n t e g r i t y of t h e b r i e f cas e , t h e r e ' s no
e v i de nce t h at t h at h as been di s r u pt e d. And u nl es j s
t h e y can s how e v i de nce of di s r u pt i on, e v i de nce
t h at we pos s e s s s ome conf i de nt i al i nf or mat i on, anj d
e v i de nce t h at our b e h av i or ou r s , Mr. He ar i ng
i
and I our b e h av i or s omehow af f e ct e d t h i s j u r y ' 9
a b i l i t y t o l ook at t h i s cas e f a i r l y and
i m p a r t i a l l y -- t h e r e i s no e v i de nce . A compl et e
v oi d of i t .
Th ey'v e i mpl i e d what t h e y t h i nk happened.
Th e r e ' s no e v i de nce t h at anyone s e t anybody up.
Mr. E l l i s was not t h e r e when Ms . P e r s oni u s and
Mr. Campb el l were at t h e v a l e t . He does n't know
what happened. He can' t come h e r e and t e l l you
what Mr. Campb el l di d, i f he r e ach e d f or t h e key s
or not . He can' t t e l l you a s e t u p. I t ake
of f e ns e t o t h at , a s e t u p. No one f or ce d hi m t o
dr i nk and dr i v e .
THE COURT: Lower your v oi ce .
MR. DI ACO: No one, Judg e.
For g i v e me f or my pas s i on. I l ov e my j ob .
I'm a z e al ou s adv ocat e . And I t ake my
r e s p on s i b i l i t i e s v e r y s e r i ou s l y .
And t h e words t h at h av e b een t hrown around
t h i s cou r t h ou s e , now t h at we'v e h e ar d t h i s
t e s t i mony , when t h e y don't h av e any e v i de nce of a
s e t u p, Mr. Campb el l 's own condu ct i s what i s at
i s s u e i n t h e DUI . Th at ' s whos e condu ct i s at
i s s u e . No one f or ce d hi m t o dr i nk a dr i nk. No
one f or ce d hi m t o g et i n a car wi t h Me l i s s a
1 5 ]
P e r s oni u s . No one f or ce d hi m t o dr i v e down t h e
s t r e e t . Who knows where he was dr i v i ng ? We don't
know i f he was dr i v i ng t o h i s apar t ment or i f he
was dr i v i ng t o h e r h ous e. We h av e no i de a what
Mr. Campb e l l ' s mot i v at i ons were. We h av e no
i de a we h av e no e v i de nce of a s e t u p.
As Your Honor h as s o as t u t e l y poi nt e d ou t ,
t h e r e i s not h i ng i mproper w i t h a c i t i z e n r e por t i ng
s omeone t h e y s u s pe ct i s drunk dr i v i ng . We don't
ev en h av e t h at e v i de nce . But what we h av e wha
I h av e t o f ocu s on i s t h e e v i de nce of t h i s t ab l e ,
Judg e. Th e r e i s no e v i de nce of any i mpr oper
condu ct on t h e par t of t h i s t ab l e . Th e r e i s no
e v i de nce of any i mpr oper condu ct or any
c on f i d e n t i a l i nf or mat i on di s cl os e d t o u s .
And we woul d adamant l y oppos e any m i s t r i a l ,
Judg e, b e cau s e t h e r e h as b een no e v i de nce t h at
t h e r e h as b een e r r or , e r r or , l e t al one e r r or
t h at ' s s o p r e j u d i c i a l as t o v i t i a t e t h e e n t i r e
t r i a l .
Mr. He ar i ng .
MR. HEARI N G: Yes , s i r .
THE COURT: The Cou r t f i nds t h at t h e r e ' s no
e v i de nce i n t h i s cas e of any i mpr opr i e t y on y ou r
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par t or on anybody w i t h y ou r f i r m.
MR. HEARING: Thank you, s i r .
THE COURT: Mr. Di aco, I s ee no i mpr opr i e t y
on your par t pe r s onal l y .
I do h av e s ome e t h i c a l conce r ns ab out s ome
members of your of f i c e . To av oi d any h i nt of
i mpr opr i e t y , what as s u r ance s can you g i v e me t h at
you can s e t up a f i r e w a l l b et ween y ou r s e l f f or t h ^
b al ance of t h i s t r i a l and s e t up a f i r e w a l l
b et ween y ou r s e l f and any members of your s t a f f ,
t h e t h r e e who were h e r e t oday, and anyone e l s e wh6
had had any cont act w i t h t h at b r i e f cas e ?
MR. DI ACO: I can as s u r e you, Judge, i t w i l l
be a C h i ne s e w al l t o t h e s ky .
THE COURT: A l l r i g h t . Wi t h your
r e pr e s e nt at i on
MR. AUSTRI CH: Okay. Your Honor, I don't
t h i nk i t ' s appr opr i at e or ev en pos s i b l e under t h e
cu r r e nt r u l e s and pr act i ce and I ' d h av e t o
r e s e ar ch i t -- wh et h er you can h av e a C h i ne s e
w a l l . Any knowl edge i mput ed any knowl edge of
any pe r s on of t h at f i r m i s i mput ed t o t h e e n t i r e
f i r m.
THE COURT: Any t h i ng f u r t h e r ? You had y ou r
arg ument .
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MR. AUSTRI CH: No f u r t h e r .
THE COURT: Wi t h t h at as s u r ance , I am not
r e cu s i ng you f rom t h e cas e .
MR. DI ACO: Thank you, Judg e.
THE COURT: On t h e mot i on f or m i s t r i a l , I j
t h i nk t h e r e ' s s ome s e r i ou s q u e s t i ons i n t h i s cas e j
ab out what occu r r e d. I t h i nk t h e r e ' s s ome
unans wered q u e s t i ons . And I h av e n' t h ad an
oppor t u ni t y t o do any r e s e ar ch on s ome of t h e
e t h i c a l cons i de r at i ons t h at h av e b een r a i s e d . And
as a r e s u l t , I'm g oi ng t o r e s e r v e r u l i n g on t h e
mot i on f or m i s t r i a l .
We're g oi ng t o pr oce e d Monday morni ng w i t h
t h e r e s t i ng of t h e p l a i n t i f f s ' cas e and t h e
pr e s e nt at i on of t h e de f e ns e cas e .
Have you di s cl os e d your w i t ne s s e s f or Monday
MR. DI ACO: We h av e not y e t , Your Honor.
THE COURT: I s u g g e s t you do t h at .
MR. DI ACO: Randy Mi ch ae l s , Hu r r i cane , Ki m
C ol l e l o, pos s i b l y t h e Sch ni t t s , Ke v i n Hay s l e t t .
THE COURT: I s my s t a f f at t or ne y h e r e ?
Jake , woul d you come f or war d?
C ou ns e l , i f you'd come f or war d.
(At s i de b ar . )
THE COURT: I t h i nk i t ' s of ut mos t i mpor t ance
i j
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.1)4
at t h i s poi nt i n t i me b e cau s e I t h i nk you'v e
i ndi cat e d you w i l l pr ob ab l y h av e ab out t wo day s
wor t h of t e s t i mony l e f t ; i s t h at cor r e ct ?
MR. DI ACO: I woul d s ay i t ' s pr ob ab l y t wo
day s .
THE COURT: Okay. What I woul d l i k e , I'm
g oi ng t o r e v i e w t h e j u r y i n s t r u c t i on s .
And di d we h av e a v e r d i c t f orm i n t h e r e , t oo
J ake ?
MR. HANSON: No, I was not pr ov i de d one.
THE COURT: No?
What i s t h e s t at u s of t h e v e r d i c t f orm?
MR. DI ACO: I know t h at t h e y were wor ki ng on
i t , Your Honor. I'm not s u r e what
(Ou t s i de of s i de b ar . )
THE COURT: What i s t h e s t at u s of t h e
pr opos e d v e r di ct f orm t h at we di s cu s s e d?
MR. FABI AN : We h av e a new dr af t . We do hav|e
one poi nt of c l a r i f i c a t i o n t h at Ben and I woul d
l i k e t o
(At s i de b ar . )
THE COURT: We're a l l s h or t nex t t o hi m.
What 's t h e prob l em?
MR. BARD: We j u s t want t o make s u r e t h at t hj e
f or mat i s what you had i n mi nd.
I
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And t h e n al s o Mr. Fab i an' s under t h e
i mpr e s s i on t h at you di d not h ol d t h e i n s t r u c t i on
conf e r e nce , t h at a l l t h e s t at e me nt s i n t h e v e r di ct
f orm h ad t o be s t at e me nt s t h at ar e i n e v i de nce ,
not t h e s t at e me nt s as al l e g e d.
THE COURT: I t ' s t h e s t at e me nt s i n e v i de nce ,
b u t we need t o addr e s s t h e any mot i ons i n t h e
cas e wh i ch we h av e not had an oppor t u ni t y t o do.
Do you h av e a copy of t h e pr opos ed v e r di ct
f orm?
MR. FABI AN : I do. I can' t f i nd i t . I'm
s or r y .
THE COURT: A l l r i g h t . You can g i v e i t t o m
b e f or e we l e av e h e r e t oday , r i g h t ?
MR. FABI AN : Oh, y e s . A ct u al l y
MR. BARD: Can we conf i r m t h e f orm w i t h you
and t h en concl u de i t s o we can g e t t h e mot i ons
MR. BARD: Once we g e t t h e mot i ons r e s ol v e d,
we can de al w i t h t h e s t at e me nt s , b u t at l e a s t h av ^
you l ook at t h e f orm?
THE COURT: We l l , I want t o h av e an
oppor t u ni t y t o r e v i e w t h e f orm ov e r t h e weekend.
So i f you b e f or e we l e av e h e r e t oday , i f y ou ' l l
g i v e me a copy of t h e f orm, I woul d appr e ci at e i t
r
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b e cau s e I want t o r e v i e w i t ov e r t h e weekend.
MR. BARD: Okay.
THE COURT: I s t h at i t ?
MR. FABI AN : Ye s , s i r .
THE COURT: Okay. Do you h av e an e x t r a copy?
MR. FABI AN : I do not . I j u s t b roug h t t h at
one. I s e nt an e l e c t r i c e l e c t r on i c copy t o
Ben.
THE COURT: Okay.
MR. FABI AN : To Mr. Bar d.
THE COURT: Okay.
MR. FABI AN : And t h at does not h av e your X
t h i nk t h at does a c t u a l l y h av e your ch ang es .
i
THE COURT: J ake , I ' d l i k e t o meet wi t h you,)
i f pos s i b l e , 8:30 Monday morni ng . I s t h at a l l j
r i g h t ?
MR. HANSON: Yes , s i r .
THE COURT: And I ' l l h av e r e v i e we d t h e j u r y
i n s t r u c t i on s , and t h e n w e ' l l make s ome f i n a l
ar r ang e me nt s . And I may h av e you t ake a l ook at
t h e v e r d i c t f orm at t h at t i me on Monday.
I f need be, you t wo g ent l emen make y ou r s e l v e ^
a v a i l a b l e t o my s t a f f at t or ne y on Monday.
MR. BARD: Yes , s i r .
THE COURT: Okay?
157
A l l r i g h t . Thank you.
MR. DI ACO: We hav e one i s s u e as f ar as
w i t ne s s or de r .
We h ad al l owe d Mr. D i L or e t o t o come out of
or de r . We h av e a w i t ne s s f l y i n g i n who w i l l be
r e ady t o go ni ne o' cl ock i n t h e morni ng on Monday
And s o h i s name i s Randy Mi ch ae l s . And we're
as ki ng i f we can h av e hi m come i n at ni ne o' cl ock,
l i k e Mr. D i L or e t o, s t a r t w i t h hi m and g e t hi m i n
and out s o he can g e t b ack t o
THE COURT: We l l , we're not g oi ng t o t ake
t h at up at ni ne o' cl ock. At ni ne o' cl ock we got
mot i on h e ar i ng s .
MR. DI ACO: Okay. So t h en I g u e s s maybe I ' l l
t r y t o h av e i f t h e
THE COURT: I r e a l l y had hoped t h at we woul d
h av e g ot t e n t o any mot i on h e ar i ng s t h i s af t e r noon
MR. DI ACO: We as w e l l .
THE COURT: D i f f e r e nt ci r cu ms t ance s a r i s e ; wp
cou l dn' t do i t .
MR. DI ACO: Yes , Judge.
THE COURT: So I t h i nk what w e ' l l do i s t ake
t h at up at ni ne o' cl ock i n t h e morni ng .
MR. DI ACO: Uh-huh.
THE COURT: Monday morni ng .
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Can you cont act t h e j u r or s ov e r t h e weekend
and t e l l t hem t o r e por t at t e n o' cl ock?
THE CLERK: Yes , Your Honor.
MR. DI ACO: And t h e n t h e mot i ons , Judge, j u s t
s o I can t r y t o ant i ci pat e when ou r w i t ne s s s h ou l d
be h e r e , you t h i nk t h e mot i ons w i l l t ake an h our
or s o; s h ou l d I h av e hi m h e r e r e ady by 10:00 f or
t h e j u r y ? Ten o' cl ock i s when you want t o h av e
t h e j u r y h e r e ?
THE COURT: I'm h av i ng t h e j u r y h e r e at t e n
o' cl ock.
MR. DIACO: Then I ' l l h av e hi m h e r e at 10:00
as w e l l .
THE COURT: Yeah, h av e your w i t ne s s h e r e at
10:00.
MR. DI ACO: Yes , Judg e.
THE COURT: And w e ' l l t ake up mot i ons , t r y t
make t hem pr ompt l y at 9:00.
MR. HEARING: Yes , s i r .
MR. DIACO: Yes , Judg e.
THE COURT: And I b e l i e v e t h at y ou 'r e g oi ng
t o h av e t h e l i s t f or me of a l l t h e q u ot es and
s t at e me nt s t h at hav e ar e s t i l l b e i ng cl ai me d aj s
def amat or y ?
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MS. RI CHTER: Yes , Your Honor. I t h i nk we -
I t h i nk I a c t u a l l y h av e t h at t oday .
THE COURT: And we're g oi ng t o be de al i ng
w i t h s ome of t h os e i n d i v i d u a l l y .
MR. HEARI N G: Can you g i v e me t h at b e f or e
Monday morni ng ?
MS. RI CHTER: Su r e .
MR. HEARI N G: So I can and t h e n t h at s ave|s
s ome t i me on t h e mot i on, b e cau s e t h e n i f we h av e a
s t i p u l a t i on t o t h e ones t h at ar e n' t pr ov i de d t o
me, t h en t h e y ' r e d e f i n i t e l y g oi ng t o be out of t h
cas e . So I don't need t o go t h r ou g h a l l t h e ones
t h at ar e n' t i n t h e cas e anymore.
MS. RI CHTER: Th at ' s f i n e .
MR. HEARI N G: Th at ' s g r e at . Thank you.
THE COURT: Mr. He ar i ng , h e r e ' s t h e s e
t r a n s c r i p t s .
MR. HEARI N G: Thank you.
THE COURT: I s t h e r e any t h i ng e l s e ?
MR. AUSTRI CH: Th e r e i s , Your Honor.
As t h e Cou r t h as i ndi cat e d, t h e r e ' s f u r t h e r
i n v e s t i g a t i on s r e q u i r e d on t h e mot i on f or
m i s t r i a l . We'd l i k e l e av e t o s uppl ement t h e
r e cor d and s e e k t h os e phone r e cor ds s o we can
a s s i s t t h e Cou r t i n i t s f u r t h e r cons i de r at i on of
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l'SO
t h at mot i on, Your Honor, and
THE COURT: I'm not pr oh i b i t i ng you f rom
MR. AUSTRI CH: We l l , t h e di s cov e r y ' s cl os e d
i n t h e cas e , s o
THE COURT: Ar e you g oi ng t o be or de r i ng a
t r a n s c r i p t of t h i s h e ar i ng ?
MR. AUSTRI CH: I h av en't made t h at
de t e r mi nat i on, Your Honor. But i f t h e Cou r t want j s
i t , we can.
THE COURT: I f you do, I want a copy.
MR. AUSTRI CH: Under s t ood.
THE COURT: Any t h i ng e l s e ?
MR. DI ACO: No, s i r . j
THE COURT: We're adj ou r ne d f or t h e weekend. j
MR. AUSTRI CH: Do I h av e l e av e , Your Honor? j
MR. AUSTRI CH: Do I h av e l e av e t o y ou 'r e
not g oi ng t o s t op me, s o t h e Cou r t i s g r ant i ng
l e av e t o condu ct di s cov e r y w i t h r e s pe ct t o t h e
mot i on f or m i s t r i a l ?
THE COURT: At t h i s poi nt i n t i me I'm not
pr oh i b i t i ng you.
MR. AUSTRI CH: We l l , I u nde r s t and. My
u nde r s t andi ng f rom t h e s t at u s of t h e pl e adi ng s i s
t h at di s cov e r y i s a c t u a l l y cl os e d. So i f I were
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t o s e nd a s ub poena or
THE COURT: Th i s i s ou t s i de nor mal di s cov e r y
pr oce du r e s .
MR. AUSTRI CH: Under s t ood. J u s t want ed t h at
c l e a r , Your Honor.
Thank you v e r y much.
THE COURT: Okay. We're adj ou r ne d f or t h e
weekend.
(P r oce e di ng s adj ou r ne d at 5:36 p.m.)
. 51
. 52
REP ORTER'S CERTI FI CATE
STATE OF FLORI DA
COUNTY OF HI LLSBOROUGH
I , Deborah W. McDonal d, R e g i s t e r e d Me r i t
R e por t e r , C e r t i f i e d R e al t i me R e por t e r , c e r t i f y t h at I
was au t h or i z e d t o and di d s t e nog r aph i cal l y r e por t t h e
f or e g oi ng pr oce e di ng s and t h at t h e t r a n s c r i p t i s a t r u e
and compl e t e r e cor d of my s t e nog r aph i c not e s .
I f u r t h e r c e r t i f y t h at I am not a r e l a t i v e ,
empl oyee, at t or ne y , or cou ns e l of any of t h e p a r t i e s ,
nor am I a r e l a t i v e or empl oyee of any of t h e p a r t i e s
at t or ne y or cou ns e l conne ct e d w i t h t h e act i on, nor am
f i n a n c i a l l y i n t e r e s t e d i n t h e act i on.
Dat ed t h i s 28t h day of Janu ar y , 2013.
Deborah W. McDonal d, RMR, CRR
I N THE CI RCUI T COURT FOR PI N ELLAS COUNTY, FLORIDA
I N RE:
STATE ATTORNEY I N VESTI GATI ON
/
STATEMENT OF:
DATE:
PLACE:
REPORTED BY:
APPEARANCES:
TI M McGINNIS.
March 5, 2013, 12:13 a.m.
Hi l l s b o ro u g h County Co u rtho u s e
N o tary P u b l i c ,
State o f F l o r i d a at l a r g e .
MR. WI LLI AM LOUGHERY and
A s s i s t a n t State Atto rne ys
Atto rne ys fo r State o f F l o r i d a .
ALSO PRESENT:
I n v e s t i g a t o r R i ck Hart
Pi nel l as 727 821-3320; Hillsborough 813 224-9500
( The w i tne s s was sw orn.)
TI M McGINNIS,
the w i tne s s he re i n, b ei ng f i r s t d u l y sw orn, was examined
and t e s t i f i e d as fo l l o w s :
DI RECT EXAMINATION
BY MR. LOUGHERY:
Q S i r , w o u l d you pl e as e s t a t e yo u r name?
A Tim McGi nni s .
Q And Mr. Mc Gi nni s , how are you employed ?
A C i t y o f Tampa P o l i c e Department.
Q How l o ng ?
A I'm i n my 19 th- year.
Q C u rre ntl y yo u 're a co rpo ral , i s that c o r r e c t ?
A No. I'm mas ter pa t r o l o f f i c e r .
Q Ok ay. Don * t know my chev ro ns .
Ok ay. And how l o ng -- yo u 're i n a DUI u n i t ?
A I am.
Q And how l o ng hav e you been i n that u n i t ?
A I 'v e b een on and o ff fo r about thre e d i f f e r e n t
to u rs w i th them, s o pro b ab l y t o t a l ti me, l o o k i ng r i g h t at
about s i x ye ars , maybe, s o methi ng l i k e t h a t .
Q Le t me tak e yo u r a t t e n t i o n back to J anu ary 23rd o f
2013. Do you r e c a l l that d ate?
A I d o.
3
1
Q
You w ere w o rk i ng that ni g ht?
2 A I w as.
3
Q
Come on work at 7:00, i s that r i g h t , o r --
4 A I come on at --
5
Q
-- a l i t t l e e a r l i e r ?
6 A I come on at 5.
7
Q
And Serg eant Ray Fernand ez i s yo u r s u pe rv i s o r, I
8 g u es s .
9 A He i s my immed iate s u pe rv i s o r, ye s .
10 Q Ok ay. I'm g o i ng thro u g h some s t u f f that I thi nk I
11 al re ad y know, so I'm no t t r y i n g to --
12 I t ' s my u nd ers tand i ng i s , that ev eni ng , you hav e
13 a -- I'm g o i ng to c a l l i t the o f f i c e , and Serg eant Fernand ez
14 w ent to d i nne r sometime a f t e r 7:00 --
15 A C o rre ct.
16
Q
-- i s t h a t r i g h t ?
17 A Yes .
18
Q
Now, when you w ent to d i nne r, d i d you know that
19 Serg eant Fernand ez had g o t a phone c a l l o r a t e x t message o r
20 some s o r t o f co mmu ni cati o n from a f r i e n d o f h i s i n reg ard s
21 to a po t e n t i a l d ru nk d r i v e r that was i n Mal i o 's ?
22 A I had no i d e a who he g o t i t from --
23
Q
Ok ay.
24 A -- b u t he d i d g et a message from someone at that
25 ti me - - I had no i d e a who i t w as -- l i k e you s a i d , that
4
1 there was a po t e n t i a l DUI .
2
Q Ok ay. So w ould you hav e -- I thi nk , Of f i c e r --
3 excu s e me -- Serg eant Fernand ez s e nt Of f i c e r Su s teck , i s
4 that co rre ct?
5 A C o rre ct. Su s teck .
6
Q
Down to that are a to k i nd o f check that o u t.
7 Were you pr i v y to that co mmu ni cati o n? Di d you
8 know that Fernand ez s a i d , "Hey, go check t h i s o u t," and s e nt
9 Su s teck down the re .
10 A I was i n the o f f i c e when he s e nt Su s te ck o u t.
11
Q
Yeah.
12 A Where he was at at that po i nt i n ti me, I had no
13 i d e a.
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14
Q
A l l r i g h t .
15 A I w as n't co ncerned w i th i t , 'cau s e i t w as n't -- i t
16 w as n
1
t me
i
17
Q
Ok ay. And so then o v er d i nne r d i d he r e c e i v e
18 o the r communications o r u pd ates from h i s i n t e l l i g e n c e s o u rce
19 about t h i s guy at Mal i o 's , that you w ere aw are o f?
20 A N ot that I was aw are o f d u ri ng d i nne r --
21
Q
Ok ay.
22 A - - o r anythi ng l i k e that.
23
Q
When a l l l e f t , I know Serg eant Fernand ez s a i d he
24 w ent to b a s i c a l l y f i n d Of f i c e r Su s te ck and k i nd o f re pl ace
25 him and l e t him go to d i nne r. And I thi nk , w i tho u t h i s
Pinel l as 727 821-3320; Hillsborough 813 224-9500
k now ing i t , you w ere k i nd o f fo l l o w i ng him at that po i nt.
Does that sound r i g h t ?
A No. I d i d n't know that Serg eant Fernand ez was
g o i ng to go w here Of f i c e r Su s te ck w as, b u t Of f i c e r Su s teck
e- mai l ed , w hatev er you w ant to c a l l i t , thro u g h our computer
s ys tem i n the car, that he was hu ng ry.
Q Ok ay.
A I s a i d , "Wel l , as soon as I g et s o methi ng to e at,
I ' l l come and I ' l l r e l i e v e you so yo u can go g et something
to e at."
Q A l l r i g h t .
A We l l , that was the co mmu ni cati o n I had w i th
Of f i c e r Su s te ck . And then a f t e r we ate and had co ffe e , then
w ent --
Q Ok ay.
A Went to do that.
Q Ok ay. Do you -- can you g i v e me an appro xi mati o n
on the ti me when you w ould hav e r e l i e v e d Su s te ck ? 8, 8:15
sound about --
A No. I t was pro b ab l y a l i t t l e l a t e r than that.
'Cause u s u a l l y 45 mi nu tes o r s o to e at. And then, you know,
I w as n't g o i ng to s tay the re w i th co ffe e as l o ng as we
no rmal l y do b ecau s e I knew he w as hungry. And I -- j u s t a
w i l d g u es s -- I mean, I can't g i v e you a s p e c i f i c number o r
anythi ng , b u t 9-something, 10-s o methi ng , s o methi ng l i k e
6
1 that. I ' m no t r e a l l y that s u re .
2
Q A l l r i g h t . Le t me j u s t b ack track a l i t t l e b i t .
3 Assuming that the po l i c e re po rts i n d i c a t e the
4 co mpl ai nt o r no ti ce to appear a f f i d a v i t s ays the s to p was a t
5 9:57, and that i t l o o k s l i k e , yo u r re po rt, the a r r e s t was at
6 10:08.
1
7 A Ok ay. Ok ay.
8
Q
Ok ay?
9 Us i ng that as a po i nt o f re fe re nce , you thi nk i t
10 w as, you know, an hour b efo rehand .
11 A Yeah. You s a i d 9:57 was my a r r e s t ti me?
12
Q
i
No. 10:08 was a r r e s t ti me.
13 A Oh. 10:08.
14
Q
9:57 w as, I thi nk , when Fernand ez pu l l e d him o v er.
15 A Oh. Got yo u .
16 Ok ay. So pro b ab l y r i g h t about 9:00, then.
17
Q
Ok ay.
18 A 'Cause I was the re fo r a w hi l e b e fo re -- you know,
19 j u s t s i t t i n g the re w ai ti ng .
20
Q
Ok ay. Wel l , l e t ' s t a l k about t h a t .
21 So when you -- w hat i nfo rmati o n d i d you hav e when
22 you re pl ace d Su s teck as to what you might be l o o k i ng fo r o r
23 w hat w as happeni ng ?
24 A The o nl y i nfo rmati o n that I had w as g o i ng to be an
25 o l d e r w hi te male, and he was g o i ng to be d r i v i n g a b l ack
c o n v e r t i b l e BMW.
Q Ok ay.
A And that s u ppo s ed l y i t was g o i ng to be park ed i n
the Bank o f Ameri ca g arag e.
And I found o u t that the o nl y e x i t from that
g arag e i s g o i ng to be onto As hl ey.
Q Ok ay.
A I g u es s -- and now I know. I d i d n't know i t at
the time -- b u t i t was at Washington and As hl e y, I thi nk i t
i s .
Q Ok ay. So w i tho u t g o i ng i nto too much d e t a i l , you
s a t on that fo r a w hi l e and no thi ng happened .
A C o rre ct.
Q Ok ay. Now, was Serg eant Fernand ez u pd ati ng you on
i nfo rmati o n he was r e c e i v i n g about t h i s pers o n at any po i nt,
o r d i d he j u s t at one po i nt as k you to do s o methi ng ? You
fo l l o w w hat I'm s ayi ng ?
A Yeah. I u nd ers tand w hat yo u 're s ayi ng .
And I'm t r y i n g to thi nk .
I d on't remember pe r s o n a l l y any i nfo rmati o n,
u pd ates on w hat, yo u know -- the co mmu ni cati o n he was hav i ng
betw een him and the guy that was s end i ng him the i nfo rmati o n
on Campb el l .
Q So that i nfo rmati o n, you d i d n't hav e -- you w ere
no t pr i v y to .
8
1 A No.
2 Q Ok ay.
i
3 A I t was j u s t him and g o i ng to h i s phone.
4 Q Now, d i d the re come a po i nt when Offi ce r. --
5 Serg eant Fernand ez as k ed you to move o r do s o methi ng , g ather
6 some i nfo rmati o n about t h i s pers o n?
7 A He d i d . He s a i d he was g o i ng to -- 'cau s e I was
8 park ed b ehi nd him. 'Cause when I pu l l e d up, that's when I
9 r e a l i z e d that he was at the same are a.
10 Q Mm-hmm.
11 A So I was b ehi nd him and s i t t i n g the re w ai ti ng .
12 And he s e nt me a message v i a the computer s ayi ng that he's
13 g o i ng to d ri v e up As hl ey, j u s t s ee w hat's g o i ng on.
14 Q Mm-hmm.
15 A Ok ay. 'Cause I was s t i l l und er the u nd e rs tand i ng
16 that we w ere w ai ti ng fo r the BMW to come o u t.
17 Q R i g ht.
18 A And as he's d r i v i n g up, he was up the re fo r a
19 l i t t l e b i t , and then he s e nt me a message as k i ng me to do,
20 b a s i c a l l y , a d ri v e - b y by the park i ng l o t o r the v a l e t are a
21 o f Mal i o 's and s ee i f I s ee a s i l v e r v e h i c l e . I thi nk i t
22 was a s p e c i f i c --
23 Q Was a s p e c i f i c , l i k e a N i s s an, o r do you no t
24 r e c a l l ?
25 A I d on't r e c a l l . I mean, i t may hav e. I ho ne s tl y
9
1
d on't -- yo u know, w i tho u t l o o k i ng at my messages s ayi ng ,
2 ye s , i t d i d .
3
Q Ok ay. And s o d i d you -- was the re anythi ng i n the
4 message that -- that w o u l d hav e to -- that w ould e x pl ai n why
5 he w anted you to l o o k a t that, l o o k fo r that, o r j u s t go up
6 the re and s ee i f the re 's a s i l v e r car o r g ray car o r N i s s an
7 o r something l i k e t h a t .
8 A Yeah. That's b a s i c a l l y the g i s t o f the message,
9 was - -
10 Q I u nd ers tand --
11 A There's no s p e c i f i c s on w hat to l o o k f o r .
12 Q Ok ay. And I u nd ers tand i t ' s no t r e a l l y yo u r
13 pre ro g ati v e to as k him why o r thi ng s l i k e that. Bu t I
14 u nd ers tand --
15 A Bo s s s ays go do i t , you go do i t .
16 Q R i g ht.
17 So you moved from yo u r l o c a t i o n and w ent by
18 Mal i o 's , i s that r i g h t ?
19 A I d i d .
20 Q Now, do yo u go up and -- d i d you go up and d ri v e
21 i nto the park i ng are a and down, o r j u s t t r y and s tay on
22 As hl ey?
23 A I d ro v e no rth on As hl e y.
24 And I saw -- when I -- I was -- I d on't remember
25 the cro s s s t r e e t , i f i t was -- I thi nk , w hat i s i t the re ,
10
betw een Kenned y and Mari o n, I thi nk i t i s , i s w here the
Syk es b u i l d i n g i s .
Q Okay.
A And I d on't remember i f I d rov e to the Marion --
I'm -- thi nk i ng about i t , I might hav e gone up maybe ano ther
b l o ck , w hatev er b l o ck that i s . Zach. I t ' s no t Po l k .
Po l k 's fu rthe r up. I thi nk i t might be Zach.
But I w ent up the re and then made the U- tu rn to
t r a v e l b ack down s o u th s o I co u l d be on the s i d e , s o I co u l d
l o o k up the re . 'Cause i t ' s d i ml y l i t . I t ' s no t a w e l l l i t
park i ng l o t , w here the v a l e t 's a t .
And as I was d r i v i n g by, that's -- I d i d s ee the
v e h i c l e .
Q Ok ay. And d i d you s ee anybod y around i t o r
anythi ng that you co u l d re co g ni ze , o r a number o f peo pl e, o r
g end er, o r anythi ng l i k e that?
A Wel l , I mean I d i d n't -- anybod y that I knew
pe rs o nal l y, I d i d n't re co g ni ze anybod y up the re , 'cau s e I 'v e
nev er s een any o f the ones that we w ere supposed to be
l o o k i ng fo r anyway.
Q Ri g ht.
A And nev er ev en pu l l e d up a DAVID pi c t u r e to l o o k
and s ee w hat I was l o o k i ng fo r. J u s t s a i d i t was w hi te
o l d e r man.
Q R i g ht.
11
1 A And as I was d r i v i n g by, I d i d s ee the v e h i c l e
2 that Serg eant Fernand ez w anted me to l o o k fo r. And then --
3 and the re was a femal e on -- no t i n the c a r b u t on the
4 d r i v e r s s i d e o f the v e h i c l e as I d ro v e b y.
5
Q
Ok ay. j
6 A And the re was o ther peo pl e m i l l i n g around , I co u l d
7 t e l l .
8
Q
I n the communication that Serg eant Fernand ez had
9 w i th you about g o i ng o v er the re l o o k i ng , d i d he menti o n --
10 d i d he j u s t menti o n the car o r d i d he menti o n a pe rs o n o r
11 femal e o r anythi ng l i k e that, o r do you r e c a l l ?
12 A I r e a l l y d on't r e c a l l the s p e c i f i c s on w hat he was
13 as k i ng me to l o o k f o r . I j u s t do remember that I s a i d b ack
14 to him that that car that I was l o o k i ng a t --
15
Q
R i g ht.
16 A -- that i t l o o k ed l i k e i t was g o i ng to hav e a
17 femal e d r i v e r .
18
Q
Ok ay. That was my next q u e s ti o n.
19 So the "femal e" part co u l d hav e come from --
20 d e f i n i t e l y came from you, when yo u s a i d that i t l o o k s l i k e
21 i t ' s g o i ng to hav e a femal e d r i v e r .
22 A C o rre ct.
23
Q
A l l r i g h t .
24 A C o rre ct.
25
Q
Ok ay. So w here do you go a f t e r yo u do that and go
Pi nel l as 727 821-3320; Hil l sborough 813 224-9500
12
1 pas t Mal i o 's ? Do you r e c a l l ?
2 A I k eep t r a v e l i n g southbound to Kenned y, and then I
3 tu rned r i g h t on Kenned y and w ent down --
4 At that po i nt I d i d n't know i f , you know, t h i s
5 o pe rati o n was s t i l l g o i ng on o r w hat --
6 Q R i g ht.
7 A -- b u t --
8 So I d ro v e down Kenned y. And I can't ho ne s tl y
9 remember w here I came b ack up thro u g h, b u t I e v e ntu al l y
10 end ed up b ack at Washington and As hl e y to s i t b ack on the
11 e x i t o f the g arag e.
12 Q And then d i d yo u -- d i d you g et a communication o r
13 f i n d o u t that Serg eant Fernand ez had pu l l e d a car o v er o r
14 pu l l e d that car o v er?
15 T e l l u s about that.
16 A On the rad i o , I heard him go o u t on the t r a f f i c
17 s to p, and i t w as at Cas s and Tampa.
18 Q Di d you know i t was that car he was s to ppi ng o r
19 no t, u n t i l you g o t the re ?
20 A I d i d n't. I d i d no t know i t .
21 Q Ok ay.
22 A No. N ot at that ti me. I j u s t heard him go o u t on
23 a t r a f f i c s to p.
24 Q And i t ' s my u nd e rs tand i ng he as k ed fo r a 600
25 u n i t --
13
1 A R i g ht.
2
Q -- w hi ch w ould i ncl u d e yo u .
3 Di d he c a l l fo r you s p e c i f i c a l l y o r j u s t fo r a --
4 A I d on't remember him c a l l i n g fo r me s p e c i f i c a l l y ,
5 b u t w i th me b ei ng the re i n the same are a --
6
Q
R i g ht.
7 A And he -- when he as k ed fo r a DUI u n i t , o r a 600
8 u ni t, I went ahead --
9
Q
Su re.
10 A -- and s t a r t e d res po nd i ng .
11
Q
Ok ay. A l l r i g h t . So w hat do you s ee when you g et
12 the re ?
13 A I pu l l e d up b ehi nd Serg eant Fernand ez.
14 And when I got o u t o f the car, I d i d s ee that i t
15 was a s i l v e r N i s s an. And I assumed , b e fo re I ev en saw the
16 d r i v e r , that i t was g o i ng to be that femal e, b ecau s e I saw
17 her by the d r i v e r 's d oor.
18 So when I g o t o u t and was w al k i ng up, that's when
19 I o b s erv ed the w hi te mal e.
20
Q
Mm-hmm.
21 A And you know, o b v i o u s l y come to f i n d o u t i t was
22 Campb el l at the ti me.
23
Q
And at that ti me you had n't d one a DAVID, so you
24 j u s t knew i t was an o l d e r w hi te mal e.
25 A Yeah.
Pi nel l as 727 821-3320; Hi l l sborough 813 224-9500
14
Q You d i d n't know --
A I had no i d e a. I nev er knew w hat the guy l o o k ed
l i k e that, you know, we w ere supposed to be l o o k i ng fo r. I
j u s t knew about the car.
Q Yeah.
A And when I got o u t, that's when Serg eant Fernand ez
t o l d me that -- you know, why he had s to pped the v e h i c l e .
Q Mm-hmm.
A And i t o b v i o u s l y end ed up b e i ng the pers o n, you
know, the d r i v e r that we w ere l o o k i ng fo r --
Q R i g ht.
A -- that's supposed to be d r i v i n g a b l ack BMW, b u t
end ed up d r i v i n g t h i s s i l v e r N i s s an.
Q Ok ay. And I hav e s een the v i d e o po rti o n so we
d on't need to go i nto that.
A Ok ay.
Q I mean, I'm w e l l acq u ai nted w i th that.
I know he was a r r e s t e d .
J u s t a q u e s ti o n, ok ay?
I n the v i d eo , a f t e r he re fu s e s and you a r r e s t him,
and he s ays , l i k e , "Oh, w e l l ," you know, " A l l r i g h t . I ' l l
do -- I ' l l do the e x e r c i s e s . "
I'm s u re that's no t uncommon that peo pl e sometimes
do t h a t .
A Yeah. No, i t ' s no t uncommon, no.
15
Q But i s i t yo u r pro ced u re that once they'v e s a i d --
once you'v e, i n yo u r mind , b a s i c a l l y mark ed i t down as a i
r e f u s a l , the re 's , l i k e , no tu rni ng b ack ?
A No. And the reas o n -- that's j u s t me pe r s o n a l l y .
Q Ri g ht.
A I t ' s no t s o methi ng i n our SOPs that we do that.
Q Ok ay.
A But me pe rs o nal l y, i n my eyes , and the way I l o o k
at i t i s , i f I 'v e al re ad y pu t the hand cu ffs on someone and
t o l d them that they w ere und er a r r e s t fo r DUI , and then a l l
o f a sud d en they change t h e i r mind s -- and I 'v e s een i t
happen i n pr i o r t r i a l s , that i f -- that pr e t t y much goes
w i th co e rci o n. That, you know, you co e rce d my c l i e n t ,
t e l l i n g him he was und er a r r e s t fo r DUI , and now he d eci d ed
o r s he d eci d ed to go ahead and do that.
So once I make the d e ci s i o n, and b as ed on t h e i r
d e c i s i o n --
Q Ri g ht.
A - - o f w hi ch way the y're g o i ng to go, I s t i c k w i th
that d e c i s i o n and we go from the re .
Q A l l r i g h t . Now, d i d you ev er s ee the pas s eng er i n
the car?
A I d i d n't s p e c i f i c a l l y go o u t and l o o k i n the
v e h i c l e .
Q But you
16
A That's no t --
Q There was a bod y i n the re .
A I knew that the re w as a femal e i n the v e h i c l e
'cause I saw the hand s t i c k i n g o u t o f the o the r pas s eng er
s i d e .
And when I was t a l k i n g to Mr. Campb el l / at the --
at the v e h i c l e , and I saw the femal e on the pas s eng er s i d e .
But I nev er knew
Q Yeah. I can't from -- the v i d eo o b v i o u s l y i s
co ck ed o r po i nte d to the s i d e w al k , b u t I assume --
A R i g ht.
Q -- w here yo u 're at on the s i d e w al k i s r i g h t next
w here the s to pped car was, pr e t t y much?
A B a s i c a l l y thre e c a r s . I'm the t h i r d c a r .
Q R i g ht.
A I t ' s me.
And when I s to pped , I was -- ni ne ti mes o u t o f 10,
when Serg eant Fernand ez c a l l s fo r a DUI u n i t , i t ' s a good
c a l l . You know, al tho u g h I do tak e pri d e i n k i c k i n g h i s
b ack , yo u know, s ayi ng , "You d on't know w hat yo u 're l o o k i ng
f o r ," yo u know.
Bu t at that po i nt, you know, t h a t 's when I went
ahead and ang l ed my v e h i c l e --
Q R i g ht.
A -- to w ard him, and s e t my v i d eo up j u s t i n cas e i t
17
1 goes that f a r .
2 Q I got yo u .
3 Bu t I'm s ayi ng , when I l o o k at the v i d e o --
4 A R i g ht.
5 Q - - i t ' s al mo s t next to w here the s to pped car i s .
6 I can't s ee the s to pped car, b u t t h a t ' l l be the same
7 l o c a t i o n .
8 A A c t u a l l y , the po i nt w here you s ee me and
9 Mr. Campb el l on the s i d ew al k , that's b a s i c a l l y i n betw een
10 Serg eant Fernand ez's v e h i c l e and the re .
11 Q Ok ay.
12 A I s the v e h i c l e that he was d r i v i n g .
13 Q A l l r i g h t . I g o t you.
14 You d i d n't hav e any communications w i th her, the
15 g i r l i n the car?
16 A N ot a t a l l . I had no reas o n to .
17 Q We l l , my q u e s ti o n i s , I g u es s -- I u nd ers tand
18 the re was a co u pl e o f f i c e r s the re , and I 'v e t a l k e d to
19 Serg eant Fernand ez about t h i s .
20 Bu t when you tak e o v er the DUI part, w hatev er w as
21 g o i ng to happen to that car, w hether i t ' s impound ed o r
22 w hatev er, t h a t 's k i nd o f Fernand ez's r e s po n s i b i l i t y i n that
23 s ce nari o .
24 A That o r --
25 Q Whoev er"s the re .
18
1
j
A Yeah. Whoev er's the re .
2 Q Ri g ht.
3 A Whoev er the s eco nd o f f i c e r i s .
4 Q You d on't hav e to as k o r s ay t h i s . You j u s t know
5 that, i f yo u 're pu tti ng t h i s guy i n the car, the y're g o i ng
6 to tak e care o f w hatev er need s to be --
7 A C o rre ct.
8 Q A l l r i g h t . I n yo u r po l i c e re po rt, the re 's no
9 mention o f t h i s g i r l o r anybod y e l s e i n the car o r the
10 r e g i s t e r e d owner o r anythi ng l i k e that.
11 A Mm-hmm.
12 Q I s that o u t o f the o rd i nary o r w ould that be
13 t y pi c a l und er the ci rcu ms tance s o f t h i s s to p?
14 A No. That's -- u nl e s s i t ' s my s to p -- i f ano ther
15 o f f i c e r , you know, as k s fo r a DUI u n i t to come up and he l p
16 w i th the i n v e s t i g a t i o n , and i f i t ' s me, when I go up the re ,
17 I hav e no reas o n to pu t anythi ng o ther than, yo u know, i f I
18 end up a r r e s t i n g the d r i v e r fo r DUI , the o nl y i nfo rmati o n
19 about the v e h i c l e I hav e i s j u s t w hat's g o i ng to be g o i ng
20 onto the DUI t i c k e t o r the re g u l ar u ni fo rm c i t a t i o n , and
21 that's i t . I hav e no re as o n to menti o n how many peo pl e w ere
22 i n the v e h i c l e o r anythi ng l i k e that b ecau s e I'm j u s t
23 d e al i ng w i th the d r i v e r .
24 Q And so as f a r as w hatev er happened --
25 Wel l , l e t me re phras e that.
19
Once you a r r e s t e d Campb el l and had him i n the b ack
o f the c a r , you tak e o f f , i s that r i g h t ?
A Wel l , I do a l i t t l e b i t o f paperw ork , as f a r as
the a r r e s t a f f i d a v i t , j u s t the pe r t i n e n t i nfo rmati o n on the
d r i v e r and , you know, j u s t the ti me o f s to p, ti me o f a r r e s t ,
and that's i t .
Q Were you pre s e nt when -- I g u es s i t was an SUV
pu l l e d up w i th some peo pl e that w ere ab l e to tak e the car?
A I d on't know i f they had showed b efo re I had l e f t
o r no t, b u t no --
Q Ok ay.
A -- I do no t remember s e e i ng anybod y e l s e o ther
than Serg eant Fernand ez that I was d e al i ng w i th.
Q Di d you and Serg eant Fernand ez hav e any
co mmu ni cati o ns a f t e r that happened that ni g ht, ok ay, about
the s to p o r the a r r e s t i n any w ay?
A I d on't u nd ers tand w hat yo u 're as k i ng me.
Q When you d ro v e o ff to tak e the guy, I g u es s , to
j a i l , tak e Campb el l to j a i l , d i d you hav e any o ther
co mmu ni cati o ns w i th Serg eant Fernand ez about the s to p, l i k e ,
"What d i d he s ay? What d i d he d o? How was he?" You know,
anythi ng l i k e that?
I know that's a l i t t l e v ague, b u t I'm j u s t t r y i n g
to --
A A f t e r I l e f t b o o k i ng ?
20
1
i
Q Yeah.
2 A No. Not r e a l l y . I mean, he -- I c a l l e d him and
3 t o l d him that he had re fu s e d to do the b re ath t e s t . And
4 o ther than that, that was i t . I mean --
5 Q Ok ay. I t was ro u ti ne , as f a r as yo u 're co ncerned .
6 A Yes .
7 Q Ok ay. Now, the next d ay, I assume you f i n d o u t --
8 I'm j u s t mak ing an as s u mpti o n.
9 A When a l l h e l l b ro k e l o o s e .
10 Q That's a good way to s ay i t .
11 Anythi ng the next d ay when that happened that made
12 you thi nk b ack about w hatev er happened o r anythi ng l i k e
13 that, that s o methi ng w as n't k o s her o r anythi ng al o ng that
14 l i n e ?
15 A No. Not at a l l . I mean, that's -- I had no i d e a
16 who t h i s Campb el l guy w as, what he d i d fo r a l i v i n g , o ther
17 than he was a l aw yer.
18 Q R i g ht.
19 A And I had no i d e a w hat was a l l b e i ng i nv o l v e d ,
20 w hat a l l was g o i ng to be coming down. N o thi ng . I had no
21 i d e a.
22 Q Di d you know he was a l aw yer b e fo re he t o l d you?
23 Di d you g et that i nfo rmati o n, yo u know, that ev eni ng , that
24 the guy that's d ri nk i ng at Mal i o 's i s a l aw yer that w ork s i n
25 the Bank o f Ameri ca? That k i nd o f thi ng ?
Pinel l as 727 821-3320; Hillsborough 813 224-9500
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The re as o n I as k you that i s , on the v i d e o , he
makes some s to ry about how he s t u t t e r s , and the ABCs. And I
thi nk you s a i d --
A Yes .
Q -- l i k e , ev en w i th yo u r j o b o r s o methi ng l i k e
that?
A Yeah. I knew -- I d i d know that he w as l aw yer,
ye s , that we w ere l o o k i ng --
Q Ok ay.
A I had no you know, I had no i d e a w hat he d i d
o ther than b e i ng a l aw yer; you know, w hat he was i nv o l v e d i n
and w hat was g o i ng on. Yeah.
Q Le t me j u s t ru n a co u pl e names by yo u . You j u s t
t e l l me w hether yo u know who the s e guys are .
P h i l Campb el l . The f i r s t time you ev er saw o r
heard o f him was that ni g ht.
A C o rre ct.
Q Jo n E l l i s ? J o nathan E l l i s ?
A N ev er heard o f him.
Q Bri an Mo tro ni ?
A N ev er.
Q Adam F i l t h a u t ?
A The o nl y re as o n I know that Adam w ould be the one,
he was s u ppo s ed to be Serg eant Fernand ez's f r i e n d .
Q Ok ay. Stephen Di aco ?
LbobcbzlDpvsdSf qpstf st !.!Tf 9Ajoh!u f !Ubn qb!Cbz!Bsf b
Qof rrbt !838!932.4431<ll jnbcpspvhi !924!335.: 611
22
1 A
2
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J u s t the Di aco name.
Ok ay. Rob Adams?
N ev er.
Me l i s s a Pe rs o ni u s ?
N ev er.
MR. LOUGHERY: I d on't hav e any more q u e s ti o ns .
THE STATEMENT WAS CONCLUDED AT 12:33 P.M.
LbobcbzlDpvaiSf qpaf sr. !.!Tf swjohlii f !Ubn qb!Cbz!Bsf b
Qjof ntt !838!932.4431<ll jrrhcpspvhi !924!335.: 611
23
STATE OF FLORI DA )
COUNTY OF PI N ELLAS )
I , the u nd ers i g ned au tho ri ty, c e r t i f y that TI M McGINNIS
pe rs o nal l y appeared b e fo re me and was d u l y sw orn.
WITNESS my hand and o f f i c i a l s e a l t h i s 18th d ay o f A p r i l ,
2013.
LbobcbzlDpvaiSf qpaf st UTf swjohlii f !Ubn qb!Cbz!Bsfb
Qof trot !838!932.4431<!l jrrhcpspvhi !924!335.: 611
24
REPORTER'S CERTI FI CATE
STATE OF FLORI DA )
I , DONNA M. KANABAY, R e g i s te re d P r o f e s s i o n a l Repo rter,
c e r t i f y that I was au tho ri ze d to and d i d s te no g raphi cal l y
re po rt the s tatement of TI M McGINNIS and that the t r a n s c r i pt
i s a tru e and co mpl ete re co rd o f my s te no g raphi c no te s .
I fu rthe r c e r t i f y that I am no t a r e l a t i v e , employee,
atto rne y o r co u ns e l of any o f the pa r t i e s , nor am I a
r e l a t i v e o r employee o f any o f the pa r t i e s ' atto rne y o r
co u ns e l co nnected w i th the acti o n, no r am I f i n a n c i a l l y
i n t e r e s t e d i n the acti o n.
DATED t h i s 18th d ay o f A pr i l , 2013,
N o tary Pu b l i c
State o f F l o r i d a at l a r g e .
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In The Matter Of:
Tim McGinnis
March 5, 2013
St. Petersburg, FL 33 701
St. Petersburg
Original File SAO Invest ln Re Campbell_03-05-13_Tim McGinnis.txt
M i n - l - Scri pt^ wi th Weird Index
Ti m McGinnis
March 5, 2013
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ge 1
I N THB CI RCUI T COURT FOR PI N ELLAS COUNTY, FLORI DA
I N RE:
STATE ATTORN EY I N VESTI GATI ON
STATEMEN T OF:
DATE:
PLACE:
REPORTED BY:
APPEARAN CES:
TI M McGI N N I S.
March 5, 2013, 12:13 a.m.
Donna M. Kanab ay RMR, CRR, FPR,
MS. BEVERLY AN DRI N GA
ALSO PRESEN T:
Page 3
1 Q
2 A
3 Q
4 A
5 Q
You wer e wor ki ng t hat ni ght ?
I was.
Come on wor k at 7: 00, is t hat ri ght, or -
I come on at -
- a little ear l i er ?
6 A I come on at 5.
7 Q And Ser geant Ray Fer nandez is your super vi sor , I
8 guess.
9 A He is my i mmedi at e super vi sor , yes.
10 Q Okay. I'm goi ng t hr ough s ome st uf f t hat I t hi nk I
11 al r eady know, so I'm not t r yi ng t o -
12 It's my under st andi ng i s, t hat eveni ng, you have
13 a - I'm goi ng t o cal l it t he of f i ce, and Sergeant Fer nandez
14 went t o di nner somet i me af t er 7:00 -
15 A Correct .
16 Q - is t hat ri ght ?
17 A Yes.
18 Q Now, when you went t o di nner , di d you know t hat
19 Sergeant Fernandez had got a phone call or a text message or
20 some sort of communi cati on from a friend of his in regards
21 t o a pot ent i al dr unk dri ver t hat was i n Mal i o's?
22 A I had no i dea who he got it f r om
23 Q Okay.
24 A but he di d get a message f r om someone at t hat
25 t i me - I had no i dea who it was - l i ke you sai d, t hat
Page 2
1 (The wi t ness was swor n. )
2 THE WI TNESS: I do.
3 TI M McGI NNI S,
4 t he wi t ness her ei n, bei ng first dul y swor n, was exami ned
5 and testi fi ed as f ol l ows:
6 DI RECT EXAMI NATI ON
7 BY MR. LOUGHERY:
8 Q Sir, woul d you pl ease st at e your name?
9 A Ti m McGi nni s.
10 Q And Mr. Mc Gi nni s, how ar e you empl oyed?
n A Ci ty of Tampa Pol i ce Depar t ment .
12 Q How l ong?
13 A I'm i n my 19t h-year.
14 Q Current l y you'r e a cor por al , is t hat correct ?
15 A No. I'm mast er pat rol offi cer.
16 Q Okay. Don't know my chevr ons.
17 Okay. And how l ong you're i n a DUI uni t?
18 A I am.
19 Q And how l ong have you been i n t hat uni t ?
20 A I've been on and off f or about t hr ee di f f erent
21 t our s wi t h t hem, so pr obabl y t ot al t i me, l ooki ng right at
22 about si x year s, maybe, somet hi ng like t hat .
23 Q Let me t ake your at t ent i on back t o Januar y 23r d of
24 2013. Do you recal l t hat dat e?
25 A I do.
Page 4
t her e was a pot ent i al DUI .
Q Okay. So woul d you have - I t hi nk, Of f i cer -
excuse me Sergeant Fernandez sent Officer Susteck, is
t hat cor r ect ?
A Cor r ect . Sust eck.
Q Down t o t hat ar ea t o ki nd of check t hat out .
Wer e you pri vy t o t hat communi cat i on? Di d you
8 know that Fernandez said, "Hey, go check this out," and sent
9 Sust eck down t her e.
10 A I was i n t he of f i ce when he sent Sust eck out .
n Q Yeah.
12 A Wher e he wa s at at t hat poi nt in t i me, I had no
13 i dea.
14 Q Al l ri ght .
15 A I wasn't concer ned wi t h it, 'cause it wasn't - it
16 wasn't me.
17 Q Okay. And so t hen over di nner di d he recei ve
18 other communications or updates from his intelligence source
19 about t hi s guy at Mal i o's, t hat you wer e awar e of ?
20 A Not t hat I was awar e of dur i ng d i n n e r -
21 Q Okay.
22 A - or anyt hi ng l i ke t hat .
23 Q Wh e n al l l eft, I know Ser geant Fer nandez sai d he
24 went t o basi cal l y f i nd Of f i cer Sust eck and ki nd of repl ace
25 hi m and l et hi m go t o di nner . And I t hi nk, wi t hout hi s
(1) Page 1 - Page 4
State Attorney Investigation Tim McGinnis
March 5, 2013
Page 5
Page 7
1 knowi ng it, you wer e ki nd of f ol l owi ng hi m at t hat poi nt . l convert i bl e BMW.
2 Does t hat sound ri ght? 2 Q Okay.
3 A No. 1 di dn't know that Ser geant Fer nandez was 3 A And t hat supposedl y it was goi ng to be par ked i n
4 going to go where Officer Susteck was, but Officer Susteck 4 t he Bank of Amer i ca gar age.
5 e-mailed, whatever you want to call it, through our computer 5 And 1 f ound out t hat t he onl y exi t f r om t hat
6 syst em i n t he car, t hat he was hungr y. 6 gar age i s goi ng t o be ont o Ashl ey.
7 Q Okay. 7 Q Okay.
8 A 1 sai d, " Wel l , as soon as 1 get somet hi ng t o eat , 8 A 1 guess - and now 1 know. 1 di dn't know it at
9 I'll come and I'll relieve you so you can go get somet hi ng 9 t he ti me - but it was at Washi ngt on and Ashl ey, 1 t hi nk it
10 t o eat . " 10 i s.
11 Q Al l ri ght. 11 Q Okay. So wi t hout goi ng i nt o t oo much det ai l , y ou
12 A Wel l , t hat was t he communi cat i on 1 had wi t h 12 sat on t hat for a whi l e and not hi ng happened.
13 Officer Susteck. And then after we ate and had coffee, then 13 A Correct .
14 w e n t - 14 Q Okay. Now, was Sergeant Fernandez updati ng you on
15 Q Okay. 15 information he was receiving about this person at any point,
16 A Went t o do t hat . 16 or di d he j ust at one poi nt ask you to do somet hi ng? You
17 Q Okay. Do you -- can you gi ve me an appr oxi mat i on 17 f ol l ow what I'm sayi ng?
18 on the time when you would have relieved Susteck? 8, 8:15 18 A Yeah. 1 under st and what you're sayi ng.
19 sound about - 19 And I'm t ryi ng t o t hi nk.
20 A No. It was pr obabl y a little l at er t han t hat . 20 1 don't r emember per sonal l y any i nf or mat i on,
21 'Cause usually 45 minutes or so to eat. And t hen, you know, 21 updates on what, you know -- the communication he was having
22 I wasn't goi ng t o st ay t here wi t h cof f ee as l ong as we 22 between him and the guy that was sending him the information
23 normally do because I knew he was hungry. And I - j ust a 23 on Campbel l .
24 wi l d guess - I mean, I can't gi ve you a speci fi c number or 24 Q So t hat i nf or mat i on, you di dn't have you wer e
25 anyt hi ng, but 9-somet hi ng, 10-somet hi ng, somet hi ng l i ke 25 not pri vy to.
Page 6 Page 8
1 that. I'm not real l y t hat sur e. 1 A No.
2 Q Al l ri ght. Let me j ust backt r ack a little bi t. 2 Q Okay.
3 Assumi ng t hat t he pol i ce report s i ndi cat e t he 3 A It was j ust hi m and goi ng t o hi s phone.
4 complaint or notice to appear affidavit says t he stop was at 4 Q Now, di d t her e come a poi nt when Of f i cer -
5 9:57, and that it looks like, your report, the arrest was at 5 Sergeant Fernandez asked you to move or do something, gather
6 10: 08. 6 some i nf ormat i on about t hi s per son?
7 A Okay. Okay. 7 A He di d. He sai d he was goi ng t o 'cause 1 was
8 Q Okay? 8 parked behi nd hi m. 'Cause when 1 pulled up, that's when 1
9 Usi ng t hat as a poi nt of r ef er ence, you t hi nk it 9 real i zed t hat he was at t he same ar ea.
10 was, you know, an hour bef or ehand. 10 Q Mm-hmm.
11 A Yeah. You sai d 9:57 was my arrest t i me? 11 A So 1 was behi nd hi m and si tti ng t here wai t i ng.
12 Q No. 10 .08 was arrest t i me. 12 And he sent me a message via the computer saying that he's
13 A Oh. 10: 08. 13 goi ng t o dri ve up Ashl ey, j ust see what 's goi ng on.
14 Q 9:57 was, I t hi nk, when Fer nandez pul l ed hi m over. 14 Q Mm-hmm.
15 A Oh. Got you. 15 A Okay. 'Cause 1 was still under the under st andi ng
16 Okay. So pr obabl y right about 9: 00, t hen. 16 t hat we wer e wai t i ng for t he BMW t o come out .
17 Q Okay. 17 Q Ri ght .
18 A 'Cause I was t here for a whi l e bef ore - you know, 18 A And as he's dri vi ng up, he was up t here for a
19 j ust si tti ng t here wai t i ng. 19 little bit, and then he sent me a message asking me to do,
20 Q Okay. Wel l , let's t al k about t hat . 20 basi cal l y, a dri ve-by by t he par ki ng lot or t he val et area
21 So when you - what i nf or mat i on di d you have when 21 of Mal i o's and see if 1 see a si l ver vehi cl e. 1 t hi nk it
22 you replaced Susteck as to what you might be looking for or 22 was a speci f i c -
23 what was happeni ng? 23 Q Was a speci f i c, like a Ni ssan, or do you not
24 A The onl y i nf or mat i on t hat I had was goi ng t o be an 24 recal l ?
25 ol der whi t e mal e, and he was goi ng to be dri vi ng a bl ack 25 A 1 don't recal l . 1 mean, it may have. 1 honest l y
State Attorney Investigation Ti m McGinnis
March 5,2013
Page 9
Page 11~j
1 don't - you know, without looking at my messages sayi ng, 1 A And as I was dri vi ng by, I di d see t he vehi cl e I
2 yes, it di d. 2 that Sergeant Fernandez wanted me to look for. And then j
3 Q Okay. And so di d you was t her e anyt hi ng in t he 3 and t her e was a f emal e on - not in t he car but on t he
4 message that that would have to - that woul d explain why 4 dri ver's si de of t he vehi cl e as I dr ove by.
5 he want ed you t o l ook at t hat , l ook for t hat , or j ust go up 5 Q Okay.
6 t her e and see if t here's a si l ver car or gr ay car or Ni ssan 6 A And t her e was ot her peopl e mi l l i ng ar ound, I coul d
7 or somet hi ng like t hat . 7 t el l .
8 A Yeah. That 's basi cal l y t he gi st of t he message, 8 Q In t he communi cat i on t hat Ser geant Fer nandez had
9 was 9 wi th you about goi ng over t here l ooki ng, di d he ment i on -
10 Q 1 under st and - 10 di d he j ust ment i on the car or di d he menti on a per son or
11 A Ther e's no speci f i cs on what t o l ook for. 11 f emal e or anyt hi ng l i ke t hat , or do you recal l ?
12 Q Okay. And 1 under st and it's not really your 12 A I real l y don't recal l t he speci f i cs on what h e wa s
13 pr er ogat i ve to ask hi m why or t hi ngs like t hat . But 1 13 aski ng me to look for. I j ust do remember t hat I sai d back
14 under st and 14 t o hi m t hat t hat car t hat I was l ooki ng at -
15 A Boss says go do it, you go do it. 15 Q Ri ght .
16 Q Ri ght . 16 A - t hat it l ooked like it was goi ng t o have a
17 So you moved f r om your l ocat i on and went by 17 f emal e dri ver.
18 Mal i o's, i s t hat ri ght ? 18 Q Okay. That was my next quest i on.
19 A 1 di d. 19 So t he " f emal e" part coul d have come f r om
20 Q Now, do you go up and - di d you go up and dri ve 20 defi ni tel y came f rom you, when you sai d t hat it l ooks l i ke
21 i nt o t he parki ng ar ea and down, or j ust try and st ay on 21 it's goi ng t o have a f emal e dri ver.
22 Ashl ey? 22 A Correct .
23 A 1 dr ove nort h on Ashl ey. 23 Q Al l ri ght.
24 And 1 saw when 1 1 was 1 don't r emember 24 A Correct .
25 t he cr oss st reet , if it was - 1 t hi nk, what is it t her e, 25 Q Okay. So wher e do you go af t er you do t hat and go
Page 10 Page 12
1 bet ween Kennedy and Mar i on, I t hi nk it i s, is wher e t he 1 past Mal i o's? Do you recal l ?
2 Sykes bui l di ng i s. 2 A I keep t r avel i ng sout hbound t o Kennedy, and t hen I
3 Q Okay. 3 t ur ned ri ght on Kennedy and went down
4 A And I don't r emember if I dr ove t o t he Mar i on - 4 At t hat poi nt I di dn't know if, you know, thi s
5 I'm -- thinking about it, I might have gone up maybe another 5 oper at i on was still goi ng on or what -
6 bl ock, what ever bl ock t hat i s. Zach. It's not Pol k. 6 Q Ri ght .
7 Pol k's f urt her up. I thi nk it mi ght be Zach. 7 A - b u t -
8 But I went up t her e and t hen made t he U-turn t o 8 So I dr ove down Kennedy. And I can't honest l y
9 travel back down sout h so I coul d be on the side, so I could 9 remember where I came back up through, but I eventual l y
10 l ook up t her e. 'Cause it's di ml y lit. It's not a wel l lit 10 ended up back at Washington and Ashley to sit back on t he
11 par ki ng l ot, wher e t he val et 's at. 11 exi t of t he gar age.
12 And as I was dr i vi ng by, t hat 's - I di d see t he 12 Q And t hen di d you - di d you get a communi cat i on or
13 vehi cl e. 13 find out that Sergeant Fernandez had pul l ed a car over or
14 Q Okay. And di d you see anybody ar ound it or 14 pul l ed t hat car over ?
15 anything that you could recognize, or a number of people, or 15 Tel l us about t hat .
16 gender , or anyt hi ng like t hat ? 16 A On t he r adi o, I heard hi m go out on t he traffi c
17 A Wel l , I mean I di dn't - anybody t hat I knew 17 st op, and it was at Cass and Tampa.
18 personal l y, I di dnt recogni ze anybody up there, 'cause I've 18 Q Di d you know it was t hat car he was st oppi ng or
19 never seen any of t he ones t hat we wer e supposed t o be 19 not , unti l you got t here?
20 l ooki ng for anyway. 20 A I di dn't . I di d not know it.
21 Q Ri ght . 21 Q Okay.
22 A And never even pul l ed up a DAVI D pi ct ure t o l ook 22 A No. Not at t hat t i me. I j ust hear d hi m go out on
23 and see what I was l ooki ng f or. Just sai d it was whi t e 23 a traffi c st op.
24 ol der man. 24 Q And it's my under st andi ng he asked f or a 600
25 Q Ri ght . 25 unit -
Vf i R-l ' -Srnpt* Kanabay Court Reporters - Serving the Tampa Bay Area
(3) Page 9-Page 12
March 5,2013
Page 13
Page 15
1 A Ri ght . l Q But i s it your pr ocedur e t hat once t hey've sai d
2 Q whi ch woul d i ncl ude you. 2 once you've, in your mi nd, basi cal l y marked it down as a
3 Di d he cal l f or you speci f i cal l y or j ust f or a - 3 ref usal , t her e's, l i ke, no t ur ni ng back?
4 A I don't r emember hi m cal l i ng f or me speci f i cal l y, 4 A No. And t he r eason - t hat 's j ust me per sonal l y.
5 but wi t h me bei ng t here in t he same ar ea - 5 Q Ri ght . !
6 Q Ri ght. 6 A It's not somet hi ng i n our SOPs t hat we do t hat . j
7 A And he -- when he asked f or a DUI uni t, or a 600 7 Q Okay. j
8 uni t, I went ahead - 8 A But me per sonal l y, i n my eyes, and t he way I l ook |
9 Q Sur e. 9 at it i s, if I've al r eady put t he handcuf f s on s omeone and j
10 A - and st art ed r espondi ng. 10 tol d t hem that they were under arrest for DUI , and t hen all
11 Q Okay. Al l ri ght. So what do you see when you get 11 of a sudden t hey change t hei r mi nds and I've seen it
12 t here? 12 happen in pri or t ri al s, t hat if -- t hat pret t y much goes
13 A I pul l ed up behi nd Ser geant Fer nandez. 13 wi t h coer ci on. That , you know, you coer ced my cl i ent ,
14 And when I got out of t he car, I di d see t hat it 14 telling him he was under arrest for DUI, and now he decided
15 was a silver Ni ssan. And I assumed, before I even saw the 15 or she deci ded t o go ahead and do t hat .
16 driver, that it was goi ng t o be t hat f emal e, because I saw 16 So once I make t he deci si on, and based on t hei r
17 her by t he dri ver's door. 17 deci si on -
18 So when I got out and was wal ki ng up, t hat 's when 18 Q Ri ght .
19 I obser ved t he whi t e mal e. 19 A - of whi ch way t hey're goi ng t o go, I sti ck wi t h
20 Q Mm-hmm. 20 t hat deci si on and we go f r om t her e.
21 A And you know, obvi ousl y come t o f i nd out it was 21 Q Al l ri ght . Now, di d you ever see t he passenger in
22 Campbel l at t he t i me. 22 t he car ?
23 Q And at t hat t i me you hadn't done a DAVI D, so you 23 A I di dn't speci f i cal l y go out and l ook in t he !
24 j ust knew it was an ol der whi t e mal e. 24 vehi cl e. J
25 A Yeah. 25 Q But you -
Page 14 Page 16
1 Q You di dn't know -- 1 A That 's not
2 A I had no i dea. I never knew what t he guy l ooked 2 Q Ther e was a body i n t her e.
3 like that, you know, we were supposed to be l ooki ng for. I 3 A I knew t hat t her e was a f emal e in t he vehi cl e
4 j ust knew about t he car. 4 'cause I saw t he hand sti cki ng out of t he other passenger
5 Q Yeah. 5 si de.
6 A And when I got out , t hat 's when Ser geant Fer nandez 6 And when I was t al ki ng t o Mr. Campbel l , at t he -
7 tol d me that - you know, why he had st opped the vehi cl e. 7 at the vehi cl e, and I saw the female on the passenger side.
8 Q Mm-hmm. 8 But I never knew
9 A And it obvi ousl y ended up bei ng t he per son, you 9 Q Yeah. I can't f r om t he vi deo obvi ousl y is
10 know, t he dri ver t hat we wer e l ooki ng f or -- 10 cocked or poi nt ed to t he si dewal k, but I assume -
11 Q Ri ght . 11 A Ri ght .
12 A - t haf s supposed to be dri vi ng a bl ack BMW, but 12 Q - wher e you'r e at on t he si dewal k is ri ght next
13 ended up dri vi ng t hi s si l ver Ni ssan. 13 wher e t he st opped car was, pret t y much?
14 Q Okay. And I have seen t he vi deo port i on so we 14 A Basi cal l y t hr ee car s. I'm t he t hi rd car.
15 don't need t o go i nt o t hat . 15 Q Ri ght .
16 A Okay. 16 A It's me.
17 Q I mean. I'm wel l acquai nt ed wi t h that. 17 And when I st opped, I was ni ne t i mes out of 10,
18 I know he was ar r est ed. 18 when Sergeant Fernandez cal l s for a DUI unit, i f s a good
19 Just a quest i on, okay? 19 cal l . You know, al t hough I do t ake pri de i n ki cki ng hi s
20 In the vi deo, af t er he r ef uses and you arrest hi m, 20 back, you know, saying, "You don't know what you're looking
21 and he says, l i ke, " Oh, wel l , " you know, "Al l ri ght . I'll 21 f or," you know.
22 do - I'll do t he exer ci ses. " 22 But at t hat poi nt , you know, t hat 's when I went
23 I'm sure t hat 's not uncommon t hat peopl e somet i mes 23 ahead and angl ed my vehi cl e -
24 do t hat . 24 Q Ri ght .
25 A Yeah. No, it's not uncommon, no. 25 A t owar d hi m, and set my vi deo up j ust i n case it
PineUas 727 821-3320; Hillsborough 813 224-9500
(4) Page 13 - Page 16
March 5,2013
Page 17
Page 19
1 goes t hat far. l Once you arrest ed Campbel l and had hi m i n t he back
2 Q I got you. 2 of t he car, you t ake off, is t hat ri ght ?
3 But I'm sayi ng, when I l ook at t he vi deo - 3 A Wel l , I do a little bit of paper wor k, as f ar as
4 A Ri ght . 4 t he arrest af f i davi t , j ust t he pert i nent i nf or mat i on on t he
5 Q it's al most next to wher e t he st opped car i s. 5 dri ver and, you know, j ust the t i me of st op, ti me of arrest ,
6 I can't see t he st opped car, but that'l l be t he same 6 and t hat 's it.
7 l ocat i on. 7 Q Wer e you pr esent when - 1 guess it was an SUV
8 A Act ual l y, t he poi nt wher e you see me and 8 pulled up wi th some people that were abl e to take t he car?
9 Mr. Campbel l on t he si dewal k, that's basi cal l y in bet ween 9 A I don't know if t hey had showed' bef or e I had l ef t
10 Ser geant Fer nandez's vehi cl e and t her e. 10 or not , but no -
11 Q Okay. 11 Q Okay.
12 A Is t he vehi cl e t hat he was dri vi ng. 12 A - I do not r emember seei ng anybody el se ot her
13 Q Al l ri ght . I got you. 13 t han Ser geant Fer nandez t hat I was deal i ng wi t h.
14 You di dn't have any communi cat i ons wi t h her, t he 14 Q Di d you and Ser geant Fer nandez have any
15 gi rl in t he car ? 15 communi cati ons after that happened that night, okay, about
16 A Not at al l . I had no r eason t o. 16 t he st op or t he arrest i n any way?
17 Q Wel l , my quest i on is, I guess I under st and 17 A 1 don't under st and what you're aski ng me.
18 t her e was a coupl e of f i cers t her e, and I've t al ked to 18 Q Wh e n you dr ove of f t o t ake t he guy, 1 guess, t o
19 Ser geant Fer nandez about t hi s. 19 j ai l , t ake Campbel l t o j ai l , di d you have any ot her
20 But when you t ake over t he DUI part , what ever was 20 communications with Sergeant Fernandez about the stop, like,
21 goi ng t o happen t o t hat car, whet her it's i mpounded or 21 "What did he say? What did he do? How was he?" You know,
22 what ever , that's ki nd of Fernandez's responsi bi l i ty in t hat 22 anyt hi ng l i ke t hat ?
23 scenar i o. 23 1 know t hat 's a little vague, but I'm j ust tryi ng
24 A That or - 24 t o -
25 Q Whoever ' s t her e. 25 A Af t er 1 l eft booki ng?
Page 18 Page 20
1 A Yeah. Whoever ' s t her e. 1 Q Yeah.
2 Q Ri ght . 2 A No. Not real l y. 1 mean, he - 1 cal l ed hi m and
3 A Whoever t he second of f i cer i s. 3 t ol d hi m t hat he had r ef used t o do t he br eat h t est . And
4 Q You don't have t o ask or say t hi s. You j ust know 4 ot her t han t hat , t hat was it. 1 mean -
5 t hat , if you'r e put t i ng t hi s guy in t he car, t hey're goi ng 5 Q Okay. It was rout i ne, as far as you're concer ned.
6 t o t ake car e of what ever needs t o be 6 A Yes.
7 A Cor r ect . 7 Q Okay. Now, t he next day, 1 assume you fi nd out -
8 Q Al l ri ght . In your pol i ce r epor t , t here's no 8 I'm j ust maki ng an assumpt i on. .
9 ment i on of thi s gi rl or anybody el se in t he car or t he 9 A When all hell br oke l oose.
10 r egi st er ed owner or anyt hi ng l i ke t hat . 10 Q That 's a good way t o say it.
11 A Mm-h mm. 11 Anyt hi ng t he next day when t hat happened t hat made
12 Q Is t hat out of t he ordi nary or woul d t hat be 12 you thi nk back about what ever happened or anythi ng l i ke
13 t ypi cal under t he ci r cumst ances of t hi s st op? 13 that, that somet hi ng wasn't kosher or anyt hi ng al ong t hat
14 A No. That 's ~ unl ess it's my st op - if anot her 14 l i ne?
15 offi cer, you know, asks f or a DUI unit t o come up and hel p 15 A No. Not at al l . 1 mean, t hat 's - 1 had no i dea
16 wi t h t he i nvest i gat i on, and i f it's me, when I go up t here, 16 who this Campbel l guy was, what he di d for a living, ot her
17 I have no reason t o put anyt hi ng other t han, you know, if I 17 t han he was a l awyer.
18 end up arrest i ng t he dri ver for DUI , t he onl y i nf ormat i on 18 Q Ri ght .
19 about t he vehi cl e I have is j ust what 's goi ng t o be goi ng 19 A And 1 had no i dea what was all bei ng i nvol ved,
20 ont o t he DUI t i cket or t he r egul ar uni f or m ci t at i on, and 20 what all was going to be comi ng down. Nothing. 1 had no
21 that's it. I have no reason to menti on how many people were 21 i dea.
22 i n t he vehi cl e or anyt hi ng l i ke t hat because I'm j ust 22 Q Di d you know he was a l awyer bef ore he tol d you?
23 deal i ng wi t h t he dri ver. 23 Did you get t hat i nformati on, you know, that eveni ng, t hat
24 Q And so as f ar as what ever happened - 24 t he guy that's dri nki ng at Mal i o's is a l awyer that wor ks in
25 Wel l , let me r ephr ase t hat . 25 t he Bank of Amer i ca? That ki nd of t hi ng?
(5) Page 17 - Page 20
Ti m McGinnis
March 5,2013
Page 21
1 The r eason I ask you t hat i s, on t he vi deo, he
2 makes some story about how he stutters, and the ABCs. And I
3 t hi nk you sai d -
4 A Yes.
5 Q l i ke, even wi t h your j ob or somet hi ng l i ke
6 t hat ?
7 A Yeah. I knew - I di d know t hat he was l awyer,
8 yes, t hat we wer e l ooki ng
9 Q Okay.
10 A I had no you know, I had no i dea what he di d
11 other than being a lawyer; you know, what he was involved in
12 and what was goi ng on. Yeah.
13 Q Let me j ust run a coupl e names by you. You j ust
14 tel l me whet her you know who t hese guys are.
15 Phi l Campbel l . The first t i me you ever saw or
16 hear d of hi m was t hat ni ght .
17 A Correct .
18 Q Jon El l i s? Jonat han El l i s?
19 A Never hear d of hi m.
20 Q Bri an Mot r oni ?
21 A Never .
22 Q Adam Fi l t haut ?
23 A The onl y r eason I know t hat Adam woul d be t he one,
24 he was supposed t o be Ser geant Fernandez's f ri end.
25 Q Okay. St ephen Di aco?
Page 23
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STATE OP FLORI DA
COUNTY OP PI N ELLAS
C ER TI FI C ATE OF OATH
)
>
I , the u nd e rs i g ne d a u t h o r i t y , c e r t i f y t h a t T I N McGI N N I S
p e r s o n a l l y appe are d b e f o r e me and w as d u l y s w o rn.
2013.
1 A
2 Q
3 A
4 Q
5 A
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Page 22
Just t he Di aco name.
Okay. Rob Adams?
Never .
Mel i ssa Per soni us?
Never .
MR. LOUGHERY: I don't have any mor e quest i ons.
THE STATEMENT WAS CONCLUDED AT 12:33 P. M.
Page 24
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REPORTER'S C ER TI FI C ATE
STATE OF FLORI DA
I , DONNA M. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po rte r,
c e r t i f y that I was au tho ri ze d to and. d i d s te no g raphi cal l y
repo rt the statement of TIM McGINNIS and that the t r a n s c r i pt
i s a t r u e and co mpl ete r e c o r d o f my s te no g raphi c no te s .
a t t o r n e y o r c o u n s e l o f any o f the pa r t i e B , no r am I a
r e l a t i v e o r employee o f any o f the p a r t i e s ' a t t o r n e y o r
co u ns e l co nne cte d w i th the a c t i o n , no r am I f i n a n c i a l l y
i n t e r e s t e d i n t h e a c t i o n .
DATED t h i s 1 8 t h d ay o f A p r i l , 2013.
DONNA M . KANABAY, RMR, CRR, PPR.
N o tary P u b l i c
(6) Page 21 - Page 24
Ti m McGinnis
March 5, 2013
10(1)
16:17
10:08 (3)
6:6,12,13
10-something (1)
5:25
12:33 (1)
22:7
19th-vear (1)
2:13
2
2013(1)
2:24
23rd (1)
2:23
4
45(1)
5:21
5
5(1)
3:6
6
600 (2)
12:24;13:7
7
7:00(2)
3:3,14
8
8(1)
5:18
8:15(1)
5:18
9
9:00 (1)
6:16
9:57 (3)
6:5,11,14
9-something (1)
5:25
A
AB Cs (1)
21:2
able (1)
acquainted (1)
14:17
Actually (1)
17:8
Adam (2)
21:22,23
Adams (1)
22:2
affidavit (2)
6:4;19:4
ahead (3)
13:8;15:15;16:23
almost (1)
17:5
along (1)
20:13
although (1)
16:19
America (2)
7:4;20:25
angled (1)
16:23
appear (1)
6:4
approximation (1)
5:17
area (5)
4:6;8:9,20;9:21;
13:5
around (2)
10:14;11:6
arrest(9)
6:5,11,12;14:20;
15:10,14;19:4,5,16
arrested (2)
14:18;19:1
arresting (1)
18:18
Ashley (6)
7:6,9;8:13;9:22,
23;12:10
assume (2)
16:10;20:7
assumed (1)
13:15
Assuming (1)
6:3
assumption (1)
20:8
ate (1)
5:13
attention (1)
2:23
aware (2)
4:19,20
B
back (10)
2:23;10:9;11:13;
12:9,10,10;15:3;
16:20;19:1;20:12
backtrack (1)
6:2
Bank (2)
7:4;20:25
based (1)
15:16
basically (6)
4:24;8:20;9:8;
15:2;16:14;17:9
beforehand (1)
6:10
behind (3)
8:8,11;13:13
bit (3)
6:2;8:19;19:3
black (2)
6:25;14:12
block (2)
10:6,6
B MW (3)
7:1;8:16;14:12
body (1)
16:2
booking (1)
19:25
Boss (1)
9:15
breath (1)
20:3
Brian (1)
21:20
broke (1)
20:9
building (1)
10:2
C
call (5)
3:13,19;5:5;13:3;
16:19
called (1)
20:2
calling (1)
13:4
calls (1)
16:18
came (2)
11:20;12:9
Campbell (8)
7:23;13:22;16:6;
17:9;19:1,19;20:16;
21:15
can (2)
5:9,17
car(22)
5:6;9:6,6;11:3,10,
14;12:13,14,18;
13:14;14:4;15:22;
16:13,14;17:5,6,15,
21;18:5,9;19:2,8
care (1)
18:6
cars (1)
16:14
case (1)
16:25
Cass (1)
12:17
cause (9)
4:15;5:21;6:18;
8:7,8,15;10:10,18;
16:4
change (1)
15:11
check (2)
4:6,8
chevrons (1)
2:16
circumstances (1)
18:13
citation (1)
18:20
City (1)
2:11
client (1)
15:13
cocked (1)
16:10
coerced (1)
15:13
coercion (1)
15:13
coffee (2)
5:13,22
coming (1)
20:20
communication (6)
3:20;4:7;5:12;
7:21;11:8;12:12
communications (4)
4:18;17:14;19:I5,
20
complaint (1)
6:4
computer (2)
5:5;8:12
concerned (2)
4:15;20:5
CONCL UDE D (1)
22:7
convertible (1)
7:1
corporal (1)
2:14
couple (2)
17:18;21:13
cross(1)
9:25
Currently (1)
2:14
D
date (1)
2:24
DAVI D (2)
10:22;13:23
day (2)
20:7,11
dealing (2)
18:23;19:13
decided (2)
15:14,15
decision (3)
15:16,17,20
definitely (1)
11:20
Department (1)
2:11
detail (1)
7:11
Diaco (2)
21:25;22:1
different (1)
2:20
dimly (1)
10:10
dinner (5)
3:14,18;4:17,20,25
D I RE CT (1)
2:6
done (1)
13:23
door (1)
13:17
Down (8)
4:6,9;9:21;10:9;
12:3,8;15:2;20:20
drinking (1)
20:24
drive (2)
8:13;9:20
drive-by (1)
8:20
driver (8)
3:21;11:17,21;
13:16;14:10;18:18,
23;19:5
driver's (2)
11:4;13:17
driving (7)
6:25;8:18;10:12;
11:1;14:12,13;17:I2
drove(5)
9:23;10:4;11:4;
12:8;19:18
drunk (1)
3:21
DUI (10)
2:17;4:1;13:7;
15:10,14;16:18;
17:20;18:15,18,20
duly (1)
2:4
during (1)
4:20
E
Kanabay Court
Pinellas 727
Reporters - Serving the Tampa Bay Area
821-3320; Hillsborough 813 224-9500
(1) 10 - during
Ti m McGinnis
March 5,2013
earlier (1)
3:5
eat(3)
5:8,10,21
Ellis (2)
21:18,18
else (2)
18:9;19:12
e-mailed (1)
5:5
employed (1)
2:10
end (1)
18:18
ended (3)
12:10;14:9,13
even (3)
10:22;13:15;21:5
evening (2)
3:12;20:23
eventually (1)
12:9
EXAMI NATI ON (1)
2:6
examined (1)
2:4
excuse (1)
4:3
exercises (1)
14:22
exit (2)
7:5;12:11
explain (1)
9:4
eyes(l)
15:8
far (4)
17:1;18:24;19:3;
20:5
female (8)
11:3,11,17,19,21;
13:16;16:3,7
Fernandez (20)
3:7,13,19;4:3,8,23;
5:3;6:14;7:14;8:5;
11:2,8;12:13;13:13;
14:6;16:18;17:19;
19:13,14,20
Fernandez's (3)
17:10,22;21:24
Filthaut (1)
21:22
find (4)
4:24;12:13;13:21;
20:7
first (2)
2:4;21:15
follow (1)
7:17
following (1)
5:1
follows (1)
2:5
found (1)
7:5
friend (2)
3:20;21:24
further (1)
10:7
garage (3)
7:4,6;12:1!
gather (1)
8:5
gender (1)
10:16
Ginnis (1)
2:10
girl (2)
17:15;18:9
gist (1)
9:8
goes(2)
15:12;17:1
good (2)
16:18;20:10
gray(1)
9:6
guess (6)
3:8;5:24;7:8;
17:17;19:7,18
guy (7)
4:19;7:22;14:2;
18:5;19:18;20:16,24
guys (1)
21:14
H
hand (1)
16:4
handcuffs (1)
15:9
happen (2)
15:12;17:21
happened (5)
7:12;18:24;19:15;
20:11,12
happening (1)
6:23
heard (4)
12:16,22;21:16,19
hell (1)
20:9
help (1)
18:15
herein (1)
2:4
Hey(l )
4:8
honestly (2)
8:25;12:8
hour (1)
6:10
hungry (2)
5:6,23
I
idea (8)
3:22,25;4:13;14:2;
20:15,19,21;21:10
immediate (1)
3:9
impounded (1)
17:21
include (1)
13:2
indicate (1)
6:3
information (10)
6:21,24;7:15,20,
22,24;8:6;18:18;
19:4;20:23
intelligence (1)
4:18
into (3)
7:11;9:21;14:15
investigation (1)
18:16
involved (2)
20:19;21:11
jail (2)
19:19,19
J anuary (1)
2:23
job (1)
21:5
J on (1)
21:18
J onathan (1)
21:18
K
keep (1)
12:2
Kennedy (4)
10:1;12:2,3,8
kicking (1)
16:19
kind (5)
4:6,24;5:1; 17:22;
20:25
knew (8)
5:23;10:17;13:24;
14:2,4;16:3,8;21:7
knowing (1)
5:1
kosher (1)
20:13
later(1)
5:20
lawyer (5)
20:17,22,24;21:7,
11
left (3)
4:23;19:9,25
line (1)
20:14
lit (2)
10:10,10
little (6)
3:5;5:20;6:2;8:19;
19:3,23
living (1)
20:16
location (2)
9:17;17:7
long (4)
2:12,17,19;5:22
look (10)
9:5,5,11;10:10,22;
11:2,13;15:8,23;17:3
looked (2)
11:16;14:2
looking (11)
2:21;6:22;9:1;
10:20,23; 11:9,14;
14:3,10;16:20;21:8
looks (2)
6:5;11:20
loose (1)
20:9
lot (2)
8:20;10:11
L OUGHE RY (2)
2:7;22:6
M
makes (1)
21:2
making (1)
20:8
male (3)
6:25;13:19,24
Malio's (6)
3:21;4:19;8:21;
9:18;12:1;20:24
man (1)
10:24
many (1)
18:21
Marion (2)
10:1,4
marked (1)
15:2
master (1)
2:15
may (1)
8:25
maybe (2)
2:22;10:5
Mc (1)
2:10
McGINNIS (2)
2:3,9
mean (7)
5:24;8:25;10:17;
14:17;20:2,4,15
Melissa (1)
22:4
mention (5)
11:9,10,10;18:9,21
message (6)
3:19,24;8:12,19;
9:4,8
messages (1)
.9:1
might (3)
6:22; 10:5,7
milling (1)
11:6
mind (1)
15:2
minds (1)
15:11
minutes (1)
5:21
Mm-hmm (5)
8:10,14;13:20;
14:8;18:11
more (1)
22:6
Motroni (1)
21:20
move (1)
8:5
moved (1)
9:17
much (3)
7:11;15:I2;16:13
N
name (2)
2:8;22:1
names (1)
21:13
need(1)
14:15
needs (1)
18:6
next(5)
11:18;16:12;17:5;
20:7,11
night (3)
3:1;19:15;21:16
nine (1)
16:17
Nissan (4)
'8:23;9:6;I3:15;
14:13
MM 1 ^d| }t
s
= Kanabay Court Reporters - Serving the Tampa Bay Area (2) earlier - Nissan
March 5, 2013
normally (1) 15:21;16:4,7 15:9;18:17 right (35) sometime ( 1)
5:23 past ( 1) putting (1) 2:21;3:3,16;4:14; 3:14
north (1) 12:1 18:5 5:2,11;6:2,16;8:17; sometimes ( 1)
9:23 patrol ( 1) 9:16,18;10:21,25; 14:23
notice ( 1) 2:15
R
11:15,23;12:3,6; soon (1)
6:4 people ( 5) 13:1,6,11;14:11,21; 5:8
number (2) 10:15;11:6;14:23; radio (1) 15:5,18,21;16:11,12, SOPs (1)
5:24;10:15 18:21;19:8 12:16 15,24;17:4,13;18:2, 15:6
o
person ( 4) Ray(l ) 8;19:2;20:18 sort(1)
o 7:15;8:6;11:10; 3:7 Rob ( 1) 3:20
14:9 realized (1) 22:2 sound ( 2)
observed (1) personally (4) 8:9 routine (1) 5:2,19
13:19 7:20; 10:18; 15:4,8 really (4) 20:5 source(1)
obviously (3) Personius ( 1) 6:1;9:12;11:12; run ( 1) 4:18
13:21 ;14:9;16:9 22:4 20:2 21:13 south ( 1)
off (3) pertinent (1) reason (6) 10:9
2:20;19:2,18 19:4 15:4;17:16;18:17,
S
southbound ( 1)
office (2) Phil (1) 21;21:1,23 12:2
3:13;4:10 21:15 recall (6) same ( 3) specific ( 3)
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Mm- L -s r n j j i Kanabay Court Reporters - Serving the Tampa Bay Area (3) normally - supposed
_ _ _ _ _ March 5,2013
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(4) supposedly - Z ach
In The Matter Of:
Michael J. Trentalange
March 5, 2013
St. Petersburg
Or i gi nal Fi l e SAO I n v e s t l n Re Campbel l JJ3-05-13 Jvl i chael J. Trental ange.txt
Mi n - l ' - Scri | i t
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Page 1
I N THE CI RCUI T COORT FOR PI N ELLAS COUNTY, FLORI DA
I N RE:
STATEMEN T OF:
DATS:
PLACE:
REPORTED BY:
APPEARAN CES:
MI CHAEL J . TREN TALAN GE.
March 5, 2013, 1:11 p.m.
H i l l s b o r o u g h C o u nty C o u rtho u s e
Donna M. Kanab ay RMR, CRR, FPR,
MR. BRUCE BARTLBTT and
ALSO PRESEN T:
Michael J . Trentalange
March 5,2013
Page 3 ;
1 Abr ahamson and Ui t erwyk.
2 Af t er t he t ri al , we had a meet i ng back at
3 Abr ahamson and Ui terwyk's offi ce, whi ch is over on Pi att :
4 Street. And the meeti ng -- we - you know, we had initially j
5 pl anned we wer e goi ng t o go t o Boca, whi ch is acr oss t he !
6 st reet . It's a r est aur ant across t he st r eet on t he cor ner j
7 of Pi att and Boul evar d, but t he meet i ng r an l onger t han
8 expected. I'm trying to remember how it broke down t here, j
9 But t here was a f el l ow in our group who was t he exhi bi t s !
10 guy. And you know, basically the order of the day was, we I
11 prepare for the witnesses that were coming up the next day.
12 However it came out , ei t her - ri ght now I don' t I
13 remember but the wi tness who was goi ng to occupy the S
14 morning was not my witness, and so I didn't have t o go. And ;
15 when ever ybody let l oose, I was free t o go.
16 And I went over t o Mal i o's. \
17 Q You remember about what ti me that woul d have been? j
18 A Wel l , I can tell you t hat t her e was a f ri end of j
19 mi ne t hat was goi ng t o be there at 7, and my meet i ng went !
20 well past 7. And I remember I was kind of wondering whether :
21 she was still going to be there. She ended up havi ng dinner |
22 upst ai r s so she was still t her e.
23 But I di dn't - I got t her e, I want t o say, af t er
24 8. Pr obabl y bet ween 8 and 8: 15.
25 Q Okay. Had you been t her e bef or e?
Page 2
(The wi t ness was swor n. )
THE WI TNESS: I do.
MI CHAEL J. TRENTALANGE,
t he wi t ness herei n, bei ng first dul y swor n, was exami ned
and t est i f i ed as f ol l ows:
DI RECT EXAMI NATI ON
BY MR. LOUGHERY:
8 Q Sir, woul d you pl ease st at e your name?
9 A Mi chael J. Tr ent al ange, T-R-E-N-T-A-L-A-N-G-E.
10 Q And you're an at t or ney her e in Hi l l sbor ough?
11 A I am.
Q Let's j ust get to it.
Back on Januar y 23r d of 2013, di d you happen t o go
to Mal i o's t hat eveni ng?
A I di d.
16 Q Okay. Can you tell us, j ust gi ve us a - maybe a
17 bri ef over vi ew of, if you recal l , what you wer e doi ng t hat
18 af t er noon, and about what t i me it was you arri ved t here.
19 A Sur e.
20 I was in trial i n a t obacco case, Evers ver sus R.
21 J . Reynolds and Lorillard Tobacco Company, in front of Judge
22 Si l ver. We wer e in cour t r oom 502, 1 thi nk it i s. We wer e
23 on t he fi fth fl oor. When you come of f t he el evat or s, t he
24 one that's on t he l ef t -hand si de. I was co-counsel wi t h
25 Hank Ui t erwyk and Br ent Bi gger f r om t he l aw f i rm of
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A Mal i o's? Yeah.
Q Okay.
A It's not as good as t he ol d one, but I've been t o
t he new one t oo.
Q Al l ri ght . And so you woul d have arri ved by
yoursei f .
A I di d.
Di d you val et par k?
I val et par ked.
And go i nto t he bar, I assume?
Wal ked i nto t he bar. And at t he bar, I saw Phi l
Campbel l .
Q Okay. Now, I've been in t her e. And I guess maybe
a dozen or 15 bar st ool s. If it does - I count ed t hem. I
can't r emember whet her I came up wi t h 12 or 15, but
anyway
A Yeah. I coul dn't tell you.
wher e was he? Wa s he seat ed at t he bar?
He was seat ed at t he bar.
Q And wher e was he, approxi mat el y? Begi nni ng? End?
Mi ddl e?
A If we t hi nk of it I'll t ake your wor d on t he
number . But basi cal l y, t here's t he cl osest t o the host ess
st at i on, and t hen t here's t he far end. And I think, at some
poi nt on t he far end, it becomes l i ke a server's bar --
(1) Page 1 - Page 4
State Attorney Investigation Michael J . Trentalange
March 5,2013
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1 Q Mm-hmm. l Okay.
2 A - wher e you can't get i n t he way of t he peopl e, 2 A - part i ci pat i ng.
3 t he st af f , get t i ng dr i nks. 3 Q All right. And do you know Phi l Campbel l ?
4 Q Okay. 4 A I d o .
5 A He wa s cl oser t owar ds t hat end. 5 Q Bef ore t hat ?
6 Q Okay. 6 Okay. So when you wal ked i n, saw hi m, s ai d,
7 A Cl oser t owar ds t he f art hest poi nt f r om t he door 7 "Hey, " or t hat ki nd of t hi ng? Or descri be how y o u
8 when you wal k i n. 8 appr oached hi m t hat eveni ng.
Q All ri ght . 9 A 1 can't tell you exact l y. But I've known Phi l f or
10 A And 1 don't know how many seat s wer e t o hi s ri ght, 10 a l ong, l ong t i me. In f act , we met on t he opposi t e si de of
11 but t her e wer e at l east -- t here was at l east one or t wo, 11 a case maybe 20 year s ago, 18, 20 years ago.
12 because a fellow that he introduced to me as his partner was 12 Phi l is f l uent i n Ital i an because hi s f at her wa s
13 seat ed t o hi s ri ght . 13 wi t h t he st at e depar t ment , so he went t o hi gh school in
14 Q And who was t hat , do you r emember ? 14 Italy, so we ki nd of
15 Jonat han El l i s? 15 Q Ar e you f l uent i n It al i an?
16 A Yes. 16 A I'm not f l uent , but I speak some Ital i an. So I
17 Q Does t hat sound ri ght ? 17 al ways t ake t he oppor t uni t y t o say somet hi ng t o hi m.
18 A Yes. 18 Q "Ci ao, baby" ?
19 Q You hadn't met ht m bef or e. 19 Okay. So di d you t hen j oi n t hem or j ust st and
20 A 1 hadn't met hi m bef or e. And 1 keep bl anki ng on 20 near by or sit down, or how di d t hat wor k?
21 hi s name, but t hat 's who it was. 21 A Wel l , t he l ady t hat was t her e t hat I was goi ng t o
22 Q Al l ri ght . And who was seat ed t o hi s l eft when 22 meet came down and said hello to me and told me that she was
23 you wal ked i n, do you recal l ? 23 up havi ng di nner. So I i nt roduced her t o Phi l . Phi l
24 A Ther e wer e t wo women t o hi s l eft. An obvi ousl y 24 introduced me to his partner. And Paula Pareses (phonetic)
25 Hi spani c woman - 25 was the lady who was there. And she went back upstairs to
Page 6 Page 8
1 Q Woul d t hat be t he one next t o hi m? 1 eat di nner wi t h her cl i ent .
2 A That wa s t he one i mmedi at el y t o hi s l eft. 2 And I st ayed t here and t al ked to Phi l and hi s
3 Q Okay. 3 part ner a little bi t.
4 A And t hen t her e was a l ady t o her left, t wo seat s 4 At some poi nt hi s par t ner had to go.
5 away from Mr. Campbell, who was with or at least appeared to 5 Q Okay.
6 be wi t h t he Hi spani c woman. But you know - 6 A So hi s par t ner got up and left, and I took hi s
7 Wel l , you can ask me mor e quest i ons. She seemed 7 st ool .
8 di sengaged. 8 Q Okay. So bef or e he left, you wer e j ust st andi ng
9 Q Okay. So l et me say t hi s: It's fai r t o say 9 t here, havi ng a -
10 t h a t - 10 A I'm st andi ng t her e bet ween t he t wo of t hem.
11 Wel l , t hat t he Hi spani c woman seemed t o be engaged 11 Ri ght .
12 i n t he conver sat i on wi t h Phi l Campbel l . 12 Q Okay.
13 A Yeah. In f a c t - 13 A And it wasn't t hat l ong.
14 Yeah. 14 Q Okay.
15 Q And t he ot her gi rl wasn' t part of t hat 15 A It was fai rl y brief.
16 conver sat i on. 16 Q Okay. Al l ri ght. Tel l us, if you can, about thi s
17 A I'm havi ng a har d t i me r emember i ng. 17 Hi spani c-speaki ng wo ma n .
18 She cert ai nl y wasn' t l i ke a vi brant , act i ve part 18 Di d you l ater get t o know what her name was, or i s
19 of the conversation. For some reason 1 thought the two were 19 she the person you've seen her picture in the newspaper?
20 t oget her. 20 Ar e we t al ki ng about t hi s Mel i ssa Per soni us?
21 Q Ri ght . 21 A Yeah. She t ol d me her name. But I'll tel l you
22 A But t her e was j ust a compl et e di spari t y of 22 some i nt erest i ng t hi ng. When you sai d t hi s
23 interest and engagement . That one was al most, you know, 23 Hispanic-speaking woman. She wasn't Spanish. She didn't
24 j ust wasn't real l y 24 speak a lick of Spani sh.
25 Q Ri ght . 25 Q I di dn't mean it l i ke t hat . I meant
(2) Page 5 - Page 8
March 5, 2013
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1 A No, no. But 1 mean - 1 di f f erent depar t ment . But I can tell you t hose t wo f i r ms
2 Q Ri ght . 2 came up, and we t al ked about peopl e at t hose t wo f i rms.
3 A That 's one of t he t hi ngs t hat st i cks out in my 3 And my i mpr essi on was that she wor ked at Ol der and
4 mi nd, because i can make a j oke t hat 1 can hurt mysel f 4 Lundy, 'cause we talked about Ben Older, and we tal ked about
5 speaki ng Spani sh. 1 wi l l al ways try because - 5 Ben f or a l ong t i me.
6 Q Ri ght . 6 And t hen we t al ked f urt her about she used t o wor k
7 A - f r om speaki ng It al i an, 1 have a fai r accent , 7 for and I di dn't r emember this when I t est i f i ed. It came
8 and 1 wi l l j ust see how far 1 can go bef ore 1 don't 8 back t o me l ater. Because I got a phone cal l f r om Dal e
9 under st and what t hey're sayi ng. 9 Swope and he knew Melissa Personius too, because she used to
10 Q Ri ght . 10 wor k for hi m. And I was l i ke, oh, yeah, we t al ked about
11 A And she made it a poi nt t o tell me she di dn't 11 Dal e and Angel a for a l ong t i me. And we di d. We t al ked
12 speak Spani sh, and she didn't like t he fact peopl e thought 12 about the fact that she had previously worked for Dal e Swope
13 she spoke Spanish. She told me a ti me when she went to a 13 and Angel a Rodant e at Swope and Rodant e.
14 Burger Ki ng or a McDonal d's in Puer t o Ri co, wher e t hey 14 But I mean, t he key poi nt here i s, at no poi nt di d
15 st art ed speaki ng Spani sh t o her and she was of f ended. 15 she ever say t hat she wor ked f or Adams & Di aco.
16 So it was a little odd. 1 mean, she came off - 16 Q Ri ght .
17 Q Ri ght . 17 Now, di d you over hear any part of t he
18 A 1 don't know anybody t hat 's of f ended because 18 conver sat i on, par t of, or j ust her, wher e Campbel l was
19 somebody t hi nks t hey speak anot her l anguage. 19 t al ki ng about hi m ~ t he tri al he was i n?
20 Q So whi l e you wer e t here, how woul d you descr i be 20 A That 's t he poi nt wher e - you know, t hat 's t he
21 what you obser ved bet ween her and Campbel l ? 21 poi nt wher e ~ I'm not t aki ng not es or anyt hi ng.
22 A I'll tell you, 1 t hought t hey knew each ot her f or 22 But Phi l and I def i ni t el y t al ked about t he case.
23 a l ong t i me. It was not - 1 mean, when 1 f ound out l at er 23 And Phil was telling me about the stuff that was goi ng on in
24 t hat that was t he first t i me t hey'd ever met, it j ust seemed 24 the case. Just , you know, ki nd of t r adi ng shoul der s.
25 i ncongr uous. 25 Because in every case, there's some point where you think
Page 10 Page 12
1 Q Seemed much mor e comf or t abl e wi t h each ot her? 1 you get t he bum rul i ng f r om t he j udge or t he ot her si de
2 A Yeah. Li ke t hey had been acquai nt ances or knew 2 pul l s s ome gar bage or somet hi ng.
3 each ot her for some peri od of t i me, l i ke t hey wor ked 3 Q Sur e.
4 t oget her or, you know, t her e was a f ami l i ari t y t here t hat 4 A So we wer e t al ki ng about t hat .
5 you woul dn't expect f r om somebody you had j ust met . 5 And I'm pret t y sur e at s ome poi nt t her e wer e TVs
6 Q And wer e you i n f act i nt roduced t o her? 6 on. And if I have Mal i o's's down ri ght, and I'm not , you
7 A I was. 7 know, i nterposi ng somet hi ng el se, I thi nk there's t wo TVs.
8 Q You wer e. 8 And I can almost remember Bay News 9 being on there and Phil
9 Okay. Di d you - di d she - di d you tal k about 9 sayi ng, " Ther e we ar e. " I'm pretty sure t hat happened.
10 her occupat i on or wher e she worked or anyt hi ng like t hat ? 10 Q And you bel i eve she woul d have been t her e
11 A I absol ut el y di d. 11 A She was def i ni t el y - she was t here t he whol e
12 In f act , Phil - you know, at some poi nt Phi l tol d 12 t i me.
13 her who I was and that I was trying a case at the same time. 13 Q And if not act i vel y engaged in the conver sat i on,
14 And I can't remember whether he said he's trying another big 14 was cert ai nl y cl ose enough t o hear it?
15 case, or what ever he sai d. 15 A Ri ght .
16 And she - ei t her he sai d or she sai d t hat she 16 And I thi nk - he says t o her - I'm ver y sur e of
17 wor ked at Tr enam as a par al egal . 17 t hi s - "Mi chael 's t ryi ng a case t oo. "
18 And I have an at t or ney t hat used to wor k for me is 18 Q Ri ght .
19 married to a partner at Trenam. So at some point, there was 19 A The i mpl i cat i on i s, obvi ousl y, "I'm t ryi ng a
20 a break in the act i on, and I asked her, "Do you know Greg 20 case. "
21 Hutt," is the fellow's name. And she told me no. She works 21 Q Ri ght .
22 at - she used t o wor k t here - 22 A And, you know -
23 And t hi s is wher e it get s a little bit conf usi ng. 23 Q And she t al ked about it.
24 I can't remember whether she told me that she used to work 24 A Ri ght .
25 there but now she works at Older and Lundy or she works in a 25 And we wer en' t maki ng any at t empt s t o hi de t he
Mif! -l "-St*ri|st
i !
(3) Page 9 - Page 12
March 5,2013
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1 conver sat i on. l Does t hat sound ri ght?
2 Q Ri ght . 2 A I had ei t her one or t wo.
3 A Whi ch ~ I mean, if she had ever t ol d hi m t hat she 3 But here's t he t hi ng: I don't thi nk I pai d f or
4 wor ked f or Adams & Di aco, I don't t hi nk he's goi ng to be 4 any dr i nks.
*
si tti ng next t o her - 5 Q That was my next quest i on.
6 Q Ri ght. 6 A Yeah.
7 A - let al one t al ki ng about t he case. 7 Q Do you know if you pai d f or t hem or not ?
8 Q Okay. How about dr i nki ng, cockt ai l s and st uf f ? 8 A I gave a credi t car d to t he gi rl at t he count er .
9 What di d you see her dri nki ng, hi m dri nki ng, who's buyi ng 9 Q Mm-hmm.
10 what ? If you can tell us what you saw t her e. 10 A And she gave it back t o me.
11 Let me i nt errupt you for a second. 11 Q You dri nk Dewar"s?
12 How l ong do you thi nk you wer e t here i n t he bar? 12 A No. I dri nk Johnny Wal ker Bl ack.
13 A I can tel l you I wasn't t her e f or mor e t han 13 Q We have some i nvoi ces. I saw some i nvoi ces.
14 t i me, when you're not payi ng at t ent i on - 14 A Now, somet i mes t hey do have a Dewar"s speci al
15 Q Sur e. 15 t here -
16 A - as far as 16 Q Okay.
17 Here's what I can tell you f or sur e. 17 A So t hat 's t he onl y t i me - I've had Dewar 's t her e
18 I went t o eat di nner af t er that, and I went t o 18 but onl y when it's happy hour and they have a speci al on
19 Caf e Par adi so. 19 Dewar 's. So I dri nk Johnny Wal ker Bl ack.
20 Q Ri ght. 20 So when you ask me one or t wo, I don't know
21 A And I vi vi dl y r emember get t i ng in my car and 21 whet her I had, l i ke, a $20 bill on me or somet hi ng and
22 l ooki ng at the cl ock and havi ng it be 10 t o 10. 22 handed it to her f or t he first dri nk, and t hen gave her a
23 Q Okay. 23 car d -
24 A And Par adi so i s one of t hese r est aur ant s, if 24 Q Ri ght .
25 t here's nobody t her e, t hey'l l cl ose. So I pi cked up t he 25 A - ant i ci pat i ng havi ng a second. But I know t hat
Page 14 Page 16
1 phone and I called Cafe Paradiso and talked to the owner to 1 I gave her my credit card and she gave it back, because I
2 see if t hey're still open, and he sai d t hey wer e still open. 2 t hi nk Phi l pi cked up my dri nk.
3 So I know - and I have a pret t y good recol l ect i on 3 Q Al l ri ght.
4 t hat I was goi ng over t he br i dge bet ween Bayshor e and 4 A So I know t hat I di dn't use a credi t car d because
5 Cleveland at the ti me I made that phone cal l , and it was 10 5 I vi vi dl y r emember her gi vi ng it back.
6 to 10. 6 Q And so you're t hi nki ng - and j ust so - and t hi s
7 Q Okay. 7 is j ust more f or a t i me ref erence that you think you had
8 A So that's the out er l i mi t s, however l ong it t ook 8 t wo dr i nks?
9 me t o get my car f r om val et and get t o t hat poi nt , so 9 A I had no mor e t han t wo dri nks.
10 Q And t hen you t hi nk you got t her e somet i me wel l 10 Q Ri ght.
11 af t er 7, so ~ 11 And -
12 A Oh, I got t here af t er 8. 12 A I coul dn't have -
13 Q Af t er 8? 13 Q Typi cal , you know, 20 mi nut es, a hal f hour a dri nk
14 A Yeah. Yeah. 'Cause I know I was wor r i ed about 14 ki nd of t hi ng, dependi ng on your dri nki ng abi l i ty, t hat
15 bei ng t here - 15 would make sense that you were there for an hour, hour and a j
16 Q Yeah. 16 . h a l f -
17 A - you know. 17 A Ri ght . \
18 Q So you mi ght have been j ust put an 18 Q ~ or somet hi ng.
19 appr oxi mat i on, you mi ght have been t here an hour? 45 19 How about Phi l ? What di d you see hi m dri nki ng? \
20 mi nut es to an hour and 15 mi nut es, somet hi ng l i ke t hat ? 20 A The onl y t hi ng t hat I saw hi m dri nk was t here's a j
21 A I woul d say an hour to an hour and a hal f is t he 21 point in time when Melissa buys drinks. And they come on a
22 out er l i mi ts 22 t ray, and t here's f our of t hem, and t hey're cl ear. And I
23 Q Al l ri ght. 23 t hought t hey wer e t equi l a.
24 A you know? 24 Q Wer e t hey shot s?
25 Q I thi nk you sai d bef ore maybe you had t wo dri nks? 25 A Yeah. They wer e shot s.
(4) Page 13-Page 16
March 5, 2013
Page 17
Page 19 !
1 Q They wer en't l
i
what ever, you got any i mpressi on on t hat ? Ho w was he |
2 A They wer e shot s. I mean, they wer en't hi ghbal l 2 act i ng?
3 gl asses. They wer en't you'r e t ypi cal , ti ny, little shot 3 A He was total l y sober.
4 gl ass. 4 I'll tel l you one t hi ng t hat st ri kes me. I me a n ,
5 Q Ri ght . 5 I r emember our conver sat i on.
6 A But t hey wer e, you know, probabl y t he t hi ck ki nd 6 And he had pl anned t o be in bed at 10: 00. An d we
7 of t hi ngs t hat you do shot s, what ever t he - I haven't done 7 t al ked about hi s routi ne dur i ng trial i s, he goes t o bed at \
8 shot s in a whi l e. 8 10 and gets up at 2 and preps the wi t nesses f or t he day,
9 Q That 's a good i dea. 9 very earl y in t he mor ni ng.
10 A But t hey wer e cl earl y, you know 10 So he tol d me that he was goi ng t o be in bed at
11 Q Ri ght . 11 10: 00.
12 A i nt ended t o be, you know, t hrow it down t he 12 Q Okay.
13 hat ch t ype dr i nks. 13 A And t hat wasn't t hat far away, you know.
14 And I di dn't want I t hought t hey wer e t equi l a. 14 Q Yeah.
15 And then I asked what they were, and there was something 15 Wel l , especi al l y if you left -
16 wi t h Sout her n Comf or t . 16 A Wel l , I mean, I can't tell you how f ar in t he
17 Q Okay. Ther e's four, you thi nk you saw? 17 conver sat i on. But t here was never a poi nt
18 A Ther e wer e ei t her t hr ee or four. Ther e was mor e 18 Q I under st and.
19 t han t wo. 19 A So I mean, l i ke, he had an earl y ni ght pl anned -
20 Q And di d you see who di d you see who drank t hem? 20 Q Yeah.
21 Do you r emember ? 21 A you know?
22 A I know Phi l had one of t hem. 22 Q Okay. Di d you get t he i mpr essi on at all t hat
23 Q Ri ght . 23 there was - that she was hitting on hi m or he was hi tti ng
24 A I di dn't see wher e t he ot her s went . Because t hey 24 on her or they mutually seemed to have something goi ng on
25 came, like, in my direction, I waved them off, and they went 25 wi t h each ot her?
Page 18 Page 20
1 back i n t he ot her di r ect i on. 1 A Here's the t hi ng t hat I t ol d you about , t hey
2 Q Ri ght . 2 seemed like they knew each ot her.
3 A But I do r emember , you know r emember , at some 3 Q Mm-hmm.
4 poi nt , I saw Phi l dri nk it. 4 A He was much l ess i nt er est ed i n her t han you woul d
5 Q And it was your under st andi ng she was t he one t hat 5 be in somebody that there was an amorous potenti al wi t h.
6 was or der i ng t hose? 6 Q Okay.
7 A Yeah. Wel l , she was def i ni t el y t he one t hat 7 A If I don't know how ol d he i s, 60 somet hi ng.
8 passed t hem over. 8 And a 30-year ol d girl t hat l ooks as good as she di d. If
9 Q I got you. 9 t hat girl is hitting on me, I'm payi ng way more at t ent i on to
10 A I di dn't see who or der ed t hem. They j ust 10 her t han he was payi ng.
11 appear ed. 11 Q Okay.
12 Q Th a f s j ust t he i mpr essi on t hat you had, f r om the 12 A Whi ch is why I t hought t hat t hey wer e f ami l i ar.
13 way she handl ed t hat . 13 Q Ri ght .
14 A Ri ght . 14 A Because he was not . He was much l ess i nt er est ed
15 Q And what was Phi l dri nki ng ot herwi se, do you know? 15 t han I woul d have t hought .
16 A Coul dn't tel l you. 16 Q But di d you obser ve t hat she was she
17 Q Al l ri ght . And what about thi s Mel i ssa gi rl ? Di d 17 demonst r at i ng i nt erest t owar ds hi m, i s what I'm sayi ng.
18 you see what she was dri nki ng? 18 A I mean, you know, t he ki nd of i nt erest t hat 's
19 A I haven't t he - I di dn't see what t hey was 19 subj ect t o i nt erpret at i on.
20 dr i nki ng. 20 Q Sur e.
21 Q Anyt hi ng about it t hat was, like, out of t he 21 A She def i ni t el y was she was payi ng at t ent i on t o
22 ordi nary, hoot i ng and hol l eri ng, "I'll buy ever ybody in t he 22 hi m, she's engagi ng hi m, she's talking to hi m. At one poi nt
23 bar a r ound" ? Any of t hat ki nd of behavi or ? 23 she sai d, "You've got t o come do somet hi ng. " I can't
24 A No. Not at al l . 24 r emember whet her she's goi ng t o " move my car" or do
25 Q Phi l 's demeanor , Phi l 's l evel of i mpai r ment or 25 somet hi ng - "hel p me wi t h my car." I r emember t hat .
March 5,2013
Page 21
Page 23
1 That's t he poi nt I t hought , "Okay. She want s hi m t o t ake l wer e l awyer s. But 1 coul dn't tell you t hose guy s .
!
2 her home " 2 Q Okay.
3 Q Ri ght . 3 A 1 don't know who t hey are.
4 A -o r wh a t e v e r . 4 But 1 di d not see St ephen Di aco t her e.
5 But agai n, he di d not seem t o have t he same l evel 5 Q Okay. Rob Adams? Know hi m? See hi m t her e?
6 of react i on t o t hat that I woul d have expect ed, whi ch is 6 A 1 know t he name. 1 don't - 1 coul dn't put a f ace
7 what made me think that they were, you know, acquaintances 7 t o it.
8 f or a l ong t i me. 8 Q Al l ri ght . So when you left, Ellis had al r eady
9 Q Okay. Thi s ot her girt t hat - or woman t hat t hi s 9 gone; Campbel l was t her e; this Mel i ssa was t her e; you're
10 Melissa was wi t h, were you present - did you see her leave 10 n o t -
11 at some poi nt ? 11 A I'm not sur e if Campbel l was al ready t her e.
12 A She was, you know, one of t hose peopl e t hat j ust 12 Q When you left.
13 woul d bl end i nt o t he backgr ound. 13 A When 1 left, I'm not sur e if he was t here.
14 Q So she coul d have left. You woul dn't know it? 14 Q Oh, okay. 1 may have -
15 A I have no i dea. I have no i dea what she di d. 15 A I'm not sur e if he l eft ri ght ar ound t he same t i me
16 Q Di d you ever see this Mel i ssa girl ei t her on her 16 'cause 1 remember him having - her telling him, "1 need you
17 phone or t al ki ng or t ext i ng or doi ng anyt hi ng like t hat ? 17 t o hel p me wi t h somet hi ng. "
18 A I di d see her t ext i ng. And I coul d tell you - 18 And my f r i end was still upst ai rs, so 1 t hi nk 1
19 it's f unny t hat you asked that. 19 went upst ai rs
20 Because you know, you wat ch TV shows and you see 20 Q Ri ght .
21 somebody texting and I can remember watching Dexter and 21 A - and t hen 1 left f r om t her e. 1 coul dn't swear
22 thi nki ng, "Who has a screen like that?" 'Cause he had the 22 to t hat , but t hat 's my recol l ect i on.
23 scr een I had a Bl ackberry at the t i me. It was pret t y 23 Q 1 under st and.
24 mundane. And then, you know, these people have col ored 24 A So I'm not sur e t hat Phi l was still at the bar
25 scr een. 25 when 1 left.
Page 22 Page 24
1 She had one of t hose screens on her phone t hat was 1 Q And t he conver sat i ons can you be any mor e
2 j ust way di f f erent t han it was al most l ooked f ake - 2 specific about her saying she needed help with her car? Did
3 Q Okay. 3 she say where it was, or was it a mechanical probl em, or did
4 A it was so vi vi d. And I r emember her on t hat . 4 you get any ki nd of f eel one way or t he ot her; any mor e
5 Q Okay. 5 det ai l s?
6 A Now, whet her she was act i vel y t ext i ng or j ust 6 A Thi s is wher e it's har d t o r emember what happened
7 r eadi ng. 7 ver sus what 1 hear d, you know what 1 mean -
8 Q Yeah. I under st and. 8 Q Yup.
9 A But t he scr een was up, and t her e wer e wor ds on t he 9 A - so -
10 scr een. 10 Q When you say what 1 hear d, you mean later, af t er
11 Q She was ut i l i zi ng her phone - 11 t hat eveni ng.
12 A Yeah. 12 A The next day, 1 hear Phi l Campbel l get s a DUI , 1
13 Q i n some f ashi on. 13 thi nk, " Oh, my God. 1 di dnt thi nk he was drunk. Maybe 1
14 Okay. Do you know t he l awyer Adam Fi l t haut ? 14 should have done something. Maybe 1 should have offered him
15 A No. 15 a ri de. " And t hen 1 go about my busi ness.
16 Q Do you know Br i an Mot roni ? 16 And t hen in t he cour se of t ryi ng t he case, 1 hear
17 A No. 17 bits and pi eces, and 1 hear thi s girt was a par al egal for
18 Q St ephen Di aco. You know who he i s? 18 Adams & Diaco. And 1 go, "Holy cow." Because - you know.
19 A I know St ephen Di aco. 19 And then 1 hear other stories about how he got arrested in
20 Q And t he fi rst t wo guys, you woul dn't know t hem if 20 her car.
21 you saw t hem, r i ght ? 21 He wal ked t her e. 1 mean, he l i ves wi t hi n wal ki ng
22 A No. I mean, I may have seen t hem. 22 di st ance.
23 Q I'm t al ki ng about at Mal i o's t hat ni ght. Di d you 23 Q Now, do you know t hat for 1 mean, 1 know you
24 see any ot her l awyer s that you can recal l ? 24 know wher e he l i ves, but do you know for a fact t hat he
25 A Ther e wer e a l ot of peopl e t her e. I'm sur e some 25 wal ks t o and f r om Mal i o's?
(6) Page 21 - Page 24
_ _ March 5,2013
Page 25
Page 27
1 A 1 know he t ol d me he was wal ki ng home. l answer i ng machi ne at t he offi ce t hanki ng me, because
2
Q Okay. He t ol d you t hat t hat ni ght. 2 apparently, when he saw me that day, he didn't know I was
3 A Yeah. 3 t her e.
4 Q Al l right. 4 Q Okay.
5 A Yeah. 5 A So when he f ound out t hat 1 had vol unt eer ed t o
6 Q 1 mean, 1 know t hat t he Bank of Amer i ca bui l di ng 6 t est i f y, he l eft me a message t hanki ng me.
7 was pr obabl y as f ar away as hi s house is. 1 mean, if hi s 7 MR. LOUGHERY: Okay. Bruce, you got anyt hi ng?
8 car was over t her e, if he dr ove hi s car t o wor k. 8 MR. BARTLETT: No. 1 thi nk that's pretty mu c h
9 A Wel l , 1 don't know whet her he dr ove hi s car t o 9 it. 1 mean, ever yt hi ng's cover ed in his t est i mony.
10 wor k or not . 10 MR. LOUGHERY: Al l right. That 's it. 1
11 Q Yeah. 1 was j ust maki ng a st at ement . 11 appr eci at e you comi ng down.
12 A Yeah. 12 THE STATEMENT WAS CONCLUDED AT 1:34 P. M.
13 Q Al l ri ght . But he t ol d you in f act he was wal ki ng 13
14 home. 14
15 A He t ol d me he was wal ki ng home. Because we t al ked 15
16 about t he 10:00 t hi ng. He sai d, "I'm wal ki ng home and I'm 16
17 goi ng t o bed, and I get up earl y. " 17
18 But I can't tell you whet her 18
19 I do r emember her sayi ng, "He's got to hel p me 19
20 wi t h somet hi ng. " And that's t he poi nt at whi ch I can't be 20
21 posi t i ve t hat she sai d, " You've got to move my car," as 21
22 opposed to me hear i ng it t he next day. 22
23 Q Di d she seem t o be i nt oxi cat ed or i mpai r ed? 23
24 I know you had no basi s t o go by. 24
25 A I hadn't met her bef ore. 25
Page 26 Page 28
1 Q Yeah.
1
2
C ER TI FI C ATE OF OATH
2 A She got real l y upset about t he Spani sh t hi ng, l i ke 3 STATE OF FLORI DA )
3 out of proport i on t o anyt hi ng. I don't know what t hat was
4 all about . So t hat was t he onl y poi nt i n t i me t hat she
5 I , the u nd e rs i g ne d a u t h o r i t y , c e r t i f y t h a t MI CHAEL J .
5 seemed to be act i ng a little -
6
TRENTALANGE pe r s o n a l l y appeared b e fo re me and w as d u l y
s w o rn.
6 But agai n, she sat on a st ool and never moved of f
7 WITNESS my hand and o f f i c i a l s e al t h i s 16th d ay o f A p r i l ,
7 t he st ool -
8
2013.
8 Q Yeah.
9
9 A - s o . . .
10
10 Q Si nce that ni ght , have you had any conver sat i ons,
11
11 l i ke, wi t h Phil Campbel l about t hi s?
12
13
14
15
DONNA M. KANABAY, RMR, CRR, PPR.
12 A The day t hat I came to t est i f y in f ront of
12
13
14
15
13 Judge
12
13
14
15
14 Q Yeah.
12
13
14
15
15 A - Ar nol d -
12
13
14
15
16 Q Mm-hmm.
16
17 A - Phi l was in a little wai t i ng r oom out si de, and
17
18 I knocked on the door and sai d hel l o t o hi m, but that's it.
18
19 Q Okay. How about anybody f r om Adams & Di aco's
19
20 f i r m?
20
21 A No.
21
22 Q Anybody reach out to you f r om t hat gr oup at al l ?
22
23 A No. No.
23
24 I don't know if I know - j ust t o answer your
24 |
25 questi on completely - Phil Campbel l left a message on my 25
i
Mir* I' -script> Kanabay Court Reporters - Serving the Tampa Bay Area (7) Page 25 - Page 28
March 5,2013
Page 29
REPORTER'S C ER TI FI C ATE
6 I . DONNA M. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po rte r,
7 repo rt the statement o f MICHAEL J . TRENTALANGE and that the
trans cri pt i s a tru e and complete reco rd of my s teno g raphi c
8 n o t e s .
9 I f u r t h e r c e r t i f y that I am no t a r e l a t i v e , empl o yee,
a t t o r n e y o r c o u n s e l o f any o f the p a r t i e s , no r am I a
10 r e l a t i v e o r employee o f any o f the pa r t i e s ' atto rne y o r
co u ns e l co nnected w i th the a c t i o n , no r am I f i n a n c i a l l y
11 i n t e r e s t e d i n t h e a c t i o n .
12 DATED t h i s 1 8 t h d ay o f A p r i l , 2013.
13
14
15
16
17
18
19
20
21
22
23
24
25
DONNA H . KANABAY, RMR, CRR, FPR.
N o t a r y P u b l i c
v!; ! srpf..< Kanabay Court Reporters - Serving the Tampa Bay Area (8) Page 29
$20 (1)
15:21
1:34 (1)
27:12
10(5)
13:22,22;14:5,6;
19:8
10:00 (3)
19:6,11;25:16
12(1)
4:15
15(3)
4:14,15;14:20
18(1)
7:11
2(1)
19:8
20(3)
7:11,11;16:13
2013(1)
2:13
23rd (1)
2:13
30-vear (1)
20:8
45 (1)
14:19
502 (1)
2:22
60(1)
20:7
7(3)
3:19,20; 14:11
8
8(4)
3:24,24;14:12,13
8:15 (1)
3:24
9(1)
12:8
ability (1)
16:14
Abrahamson (2)
3:1,3
absolutely (1)
10:11
accent(1)
9:7
acquaintances (2)
10:2;21:7
across(2)
3:5,6
acting (2)
19:2;26:5
action (1)
10:20
active (1)
6:18
actively (2)
12:13;22:6
Adam (1)
22:14
Adams (5)
11:15;13:4;23:5;
24:18;26:19
afternoon (1)
2:18
again (2)
21:5;26:6
ago (2)
7:11,11
almost (3)
6:23;12:8;22:2
alone (1)
13:7
always (2)
7:17;9:5
America (1)
25:6
amorous (1)
20:5
Angela (2)
11:11,13
anticipating (1)
15:25
apparently (1)
27:2
appeared (2)
6:5;18:11
appreciate (1)
27:11
approached (1)
7:8
approximately (1)
March 5, 2013
4:20
approximation (1)
14:19
Arnold (1)
26:15
around (1)
23:15
arrested (1)
24:19
arrived (2)
2:18;4:5
assume (1)
4:10
attempts (1)
12:25
attention (3)
13:14;20:9,21
attorney (2)
2:10;10:18
away (3)
6:5;19:13;25:7
B
baby(l )
7:18
Back (8)
2:13;3:2;7:25;
11:8;15:10;16:1,5;
18:1
background (1)
21:13
B ank(l )
25:6
bar (10)
4:10,11,11,14,18,
19,25:13:12;18:23;
23:24
B ARTL E TT (1)
27:8
basically (2)
3:10;4:23
basis (1)
25:24
B ay(l )
12:8
Bayshore (I )
14:4
becomes (1)
4:25
bed (4)
19:6,7,10;25:17
Beginning (1)
4:20
behavior (1)
18:23
Ben (2)
11:4,5
bi g(l )
10:14
Bigger (1)
2:25
bill (1)
15:21
bit (2)
8:3;10:23
bits (1)
24:17
Black (2)
15:12,19
Blackberry (1)
21:23
blanking (1)
5:20
blend (1)
21:13
Boca (1)
3:5
Boulevard (1)
3:7
break (1)
10:20
Brent (1)
2:25
Brian (1)
22:16
bridge (1)
14:4
brief (2)
2:17;8:15
broke (1)
3:8
Bruce (1)
27:7
building (1)
25:6
bum(l )
12:1
Burger (1)
9:14
business (1)
24:15
buy(l )
18:22
buying (1)
13:9
buys (1)
16:21
Cafe (2)
I3:19;14:l
call (2)
11:8;14:5
called (1)
14:1
came (8)
3:12;4:15;7:22;
9:16; 11:2,7; 17:25;
26:12
Campbell (11)
4:12;6:5,12;7:3;
9:21;11:18;23:9,11;
24:12;26:11,25
Can (15)
2:16;3:18;6:7;
8:16;9:4,4,8;11:1;
12:8;13:10,13,17;
21:21;22:24;24:1
car (10)
13:21;14:9;20:24,
25;24:2,20;25:8,8,9,
21
card (4)
15:8,23;16:1,4
case(11)
2:20;7:11;10:13,
15; 11:22,24,25;
12:17,20;13:7;24:16
cause (4)
11:4;14:14;21:22;
23:16
certainly (2)
6:18;12:14
Ciao (1)
7:18
clear (1)
16:22
clearly (1)
17:10
Cleveland (1)
14:5
client (1)
8:1
clock (1)
13:22
close (2)
I2:14;13:25
closer (2)
5:5,7
closest (1)
4:23
cocktails (1)
13:8
co-counsel (1)
2:24
colored (1)
21:24
Comfort (1)
17:16
comfortable (1)
10:1
coming (2)
3:11;27:11
Company (1)
2:21
complete (1)
6:22
completely (1)
26:25
CONCLUDED (1)
27:12
confusing (1)
10:23
conversation (8)
6:12,16,19;11:18;
12:13;13:1;19:5,17
conversations (2)
(1) $20 - conversations
March 5,2013
24:1;26:10 distance (1) 2:14;7:8;24:11 22:20 18:13
corner (1) 24:22 Evers(l ) floor (1) Hank (1)
3:6 done (2) 2:20 2:23 2:25
counted (1) 17:7;24:14 everybody (2) fluent (3) happen (1)
4:14 door (2) 3:15;18:22 7:12,15,16 2:13
counter (1) 5:7;26:18 everything's (1) follows (1) happened (2)
15:8 down (6) 27:9 2:5 12:9;24:6
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27:2 24:13 6:13;7:10;9:12; 12:2 herein (1)
definitely (4) DUI (1) 10:6,12;11:12;24:24; gave (5) 2:4
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March 5, 2013
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Mm- i"Vnpr* Kanabay Court Reporters - Serving the Tampa Bay Area
(3) idea - out
March 5,2013
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March 5, 2013
(5) telling - Yup
In The Matter Of:
Jonathan Ellis
March 5, 2013
St. Petersburg FL 33 701
St. Petersburg
Or i gi nal File SAO Investjn Re CampbellJ )3-05-13 J onat han Ellis.txt
State Attorney Investigation J onathan Ellis
March 5,2013
Page 1
1
2 I N THE CI RCUI T COURT POR PI N ELLAS COUNTY, FLORI DA
3
4
I N RE:
5
6
/
7
8 STATEMEN T OF: JON ATHAN E L L I S .
9 DATE: March 5, 2013, 2:10 p.m.
10 PLACE: H i l l s b o r o u g h C o u nty C o u rtho u s e
11
REPORTED BY: Do nna M. Kanab ay RMR, CRR, FPR,
12 N o t a r y P u b l i c ,
13
APPEARAN CES: MR. BRUCE BARTLETT and
14 MR. WI LLI AM LOUGHERY and
15 A s s i s t a n t S t a t e A t t o r n e y s
16
MR. FREDRI C S. ZI N OBER
17 QOINTAIROS, PRI ETO, WOOD &BOYER, P.A.
4905 West L a u r e l S t r e e t , S u i t e 200
18 Tampa, F l o r i d a 33607- 3883
A t t o r n e y f o r J o n a t h a n E l l i s .
19
20 ALSO PRESEN T:
21 I n v e s t i g a t o r R i c k H a r t
22
23
24
25
Page 3
1 was a par t y t o it. It was f i l ed, 1 bel i eve, in 2008. An d 1
2 want t o say we were in the second week of trial dur i ng that
3 week, if my memor y ser ves me correctl y.
4 Q Okay. And you woul d have been tryi ng t hat cas e
5 wi t h what ot her at t or neys act i vel y in t he cour t r oom? j
6 A Phil Campbel l was l ead counsel . 1 t hi nk 1 wa s i n
7 the position of second chair. Mindi Richter was i nvol ved in :
8 it, and if t her e was a t hi rd chai r. And t hen Jef f Fabi an
9 was i nvol ved i n it, sort of i n t he back. He was pr obabl y
10 t he j uni or associ at e t hat was doi ng a lot of t he r esear ch.
11 And 1 bel i eve t here were a coupl e other l awyers t hat wer e
12 wor ki ng on smal l pi eces of it, but not hi ng of any maj or
13 si gni f i cance.
14 Q And on Mr. Cl em's si de, who wer e t he l awyer s, t he
15 act i ve l awyer s i n t he t ri al ?
16 A Mr. Cl em's si de was - it was - Jay Di aco, 1
17 think, was the l ead counsel . 1 think Mr. Herring was ei ther
18 co-l ead counsel or second chai r.
19 Q Now, di d he represent somebody ot her t han Bubba?
20 A He had earl i er r epr esent ed Cox. And t hen when Cox
21 was dropped, he wound up representing Clem, you know, a
22 coupl e of days l ater.
23 Q So was he -- he's not wi t h t he Di aco f i rm, t hough,
24 is he?
25 A No. He's wi t h, 1 t hi nk, t he Gonzal ez f i rm.
Page 2
1 ( The wi t ness was swor n. )
2 THE WI TNESS: 1 do.
3 J ONATHAN ELLI S,
4 t he wi t ness herei n, bei ng first dul y swor n, was exami ned
5 and t est i f i ed as f ol l ows:
6 EXAMI NATI ON
7 BY MR. LOUGHERY:
8 Q Si r, wi l l you pl ease st at e your name?
9 A Jonat han El l i s.
10 Q What ' s your dat e of bi rt h?
n A November 5t h, 1964.
12 Q And you'r e an at t or ney her e in Hi l l sbor ough
13 Count y, is t hat cor r ect ?
14 A Cor r ect .
15 Q And 1 want to ask you some quest i ons about
16 Januar y 23r d, 2013.
17 But bef ore 1 get t o t hat , at t hat t i me wer e you
18 engaged i n a ci vi l case t hat was in t ri al ?
19 A Yes.
20 Q And can you j ust tell us, you know, what was t he
21 name of the case, and approximately how long it had been
22 goi ng on?
23 A It was a case t hat was br ought by, 1 t hi nk, Todd
24 Schnitt and his wife Michelle against Bubba the Love Sponge
25 Clem and the Bubba Radio Network. And 1 think initially Cox
Page 4
1 Q Okay. But for pur poses of thi s t ri al , t hey wer e
2 co-counsel .
3 A They wer e co-counsel , yes.
4 Q Al l ri ght . Wh o el se was t her e?
5 A You know, 1 t hi nk t he associ at e t hat was hel pi ng
6 Di aco was Bri an ~ 1 f orget .
7 Q Mot r oni .
8 A Mot roni was t her e.
9 And t hen 1 bel i eve St eve Di aco was t here ever y
10 day, sort of in t he background, behi nd t he bar, but wasn't
n act ual l y t aki ng part in act ual l y tryi ng it.
12 And t hen 1 t hi nk 1 had, dur i ng t he tri al , on one
13 of t he days, 1 l eft and t ook t he deposi t i on of Cl em f or
14 financial purposes on the punitive damages aspect. And 1
i s bel i eve, f r om l ooki ng at t he t ranscri pt , that was Fi l t rout
16 (sic) or however you pronounce his name, the l awyer who
17 was
18 Q F-l -L-T-H-A-U-T?
19 A Yeah. How do you pr onounce it?
20 Q I'm sayi ng Fi l t haut .
21 A Okay. Fi l t haut , 1 bel i eve, was t he one who
22 def ended t hat deposi t i on.
23 Q Okay. And was - t hat deposi t i on was dur i ng t he
24 t ri al , i tsel f, bef or e Januar y 23r d.
25 A Yes.
Mi n-1 -scri pt s? Kanabay Court Reporters - Serving the Tampa Bay Area (1) Page 1 - Page 4
March 5, 2013
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1 Q Okay. So Fi l t haut had been i n t he cour t r oom. l dri vi ng. So for i nstance, 1 thi nk we had, you know, maybe
2 A 1 don't thi nk he was in t he cour t r oom, because we 2 other peopl e wi t h heels and stuff, they woul d occasi onal l y
3 had gone back t o hi s of f i ce t o t ake t hat deposi t i on. 3 drive. If somebody was driving, we would occasi onal l y have
4 Q Okay. But he was act i vel y i nvol ved i n 4 somebody in t he of f i ce pi ck us up or drop us of f . But
5 r epr esent at i on f or m prior to t he Januar y 23r d dat e. 5 neither Phil nor 1, unl ess you had a car goi ng at t he t i me,
6 A 1 bel i eve so. 1 bel i eve we wer e t aki ng t he 6 woul d get i n t hat car. We woul d j ust sort of wal k.
7 deposi t i on of Mr. Cl em's account ant , and 1 t hi nk that 7 Q Do you know whet her or not Phi l dr ove to wo r k t hat
8 Mr. Filthaut was the one who was defending that deposition 8 morni ng, that he woul d have a car at t he Bank of Amer i ca
9 in hi s capaci t y as r epr esent i ng Mr. Cl em 9 building? 1 mean, 1 know how close it is to where he l i ves.
10 Q Al l ri ght . 10 A 1 do not know wher e hi s car -
11 A - in t he - 11 Q Okay.
12 And it t ook pl ace in t he Adams & Di aco f i r m 12 A 1 assumed it was ei t her at t he of f i ce in t he Bank
13 of f i ce. 13 of Amer i ca bui l di ng
14 Q Okay. And t he Adams & Di aco firm i s l ocat ed 14 Q 1 j ust wonder ed if he had a habi t of wal ki ng t o
15 wher e? 15 wor k or dr i vi ng t o wor k, or you don't even know.
16 A 1081 East Kennedy Boul evar d. I t hi nk it's t he 16 A 1 don't know.
17 21 st f l oor. I'm not absol ut el y posi t i ve. 17 Q Okay. So you're back at t he of f i ce after 5: 00 or
18 Q And your of f i ce is l ocat ed wher e? 18 so. You have some di scussi ons.
19 A 28t h f l oor, same bui l di ng. Whi ch is t he Bank of 19 Wh e n is it t hat you t hi nk you and Mr. Campbel l
20 Amer i ca bui l di ng. 20 woul d have gone to Mal i o's?
21 Q Okay. Al l ri ght. So let's t al k about 21 A 1 want t o say 1 was t her e agai n, gi ve or t ake
22 Januar y 23r d. 22 half an hour, probably about, you know, 5:30ish or so. And
23 You wer e in tri al t hat day? 23 1 think Mr. Campbel l met me there 15 minutes af t erwards. I
24 A Yes. 24 think we just had some confusion whether we were goi ng to
25 Q Do you recal l when you r ecessed for t he day? 25 meet at Mal i o's or whet her we wer e goi ng to meet at t he
Page 6 Page 8
1 A I want t o say ar ound 5 - my guess is ar ound 5: 00, 1 of f i ce and wal k over to Mal i o's.
2 gi ve or t ake a hal f an hour. 2 Q Okay.
3 Q And can you j ust tell us what occur r ed after that, 3 A So I t hi nk I wound up t hi nki ng we wer e goi ng t o
4 or j ust i n gener al ? 4 meet at Malio's and he may have thought we were walking over
5 A You know, I r emember wal ki ng back wi t h Phi l . And 5 t oget her.
6 we wer e wal ki ng down what ever is t he st reet right t here. 6 Q Now, you've been t o Mal i o's bef ore t hat day?
7 Q You l i ve in Tampa. 7 A Yes, sir.
8 The cops don't know ei t her. 8 Q Mr. Campbel l as wel l ?
9 A I'm sor r y. We wer e wal ki ng st rai ght out we 9 A Yes, si r.
10 wer e wal ki ng strai ght out of t he court house and we were 10 Q When you got t her e, wher e di d you go i n t he
11 wal ki ng out - Phil lives at Skypoi nt . I r emember we were 11 bui l di ng, in Mal i o's?
12 wal ki ng between his apartment complex - his apartment and 12 A Ther e's a l ong bar. And if you wal k past t he
13 t he bui l di ng. And we wer e j ust t al ki ng about - 1 thi nk 13 bar - we were looking for sort of two empty seats that were
14 pri mari l y Todd had ei t her f i ni shed - I t hi nk Todd Schni t t 14 t oget her. I want to say it was t he - if you l ook down t he
15 had f i ni shed t hat day, and we wer e t al ki ng about - about 15 bar f r om wher e you wal k i n, I want t o say it was t he t hi rd
16 that testimony. And I think we both wound up going back to 16 and f ourt h l ast seat s t hat wer e empt y.
17 t he of f i ce. 17 So I t ook t he t hi rd seat , wi t h t he f our t h seat
18 Q Okay. 18 bei ng open f or Mr. Campbel l .
19 A And we had sort of t al ked about gr abbi ng di nner at 19 Q Okay. And I was in t here t he ot her day and I
20 Mal i o's. 20 can't r emember if it was 12 or 15 seat s.
21 Q Now, woul d you guys have wal ked to the court house? 21 A Okay.
22 A Yes. 22 Q But you wer e t hree quar t er s of t he way down t he
23 Q You don't dri ve - 23 bar, ki nd of t hi ng.
24 I can under st and why. 24 A I'm pret t y sur e it was t wo seat s l eft t o t he end
25 A No. We had someone occasi onal l y we wer e 25 of t he bar.
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March 5,2013
Page 9 Page 11
1 Q Al l ri ght. And j ust t o ki nd of j ump ahead so 1 l A - bei ng r epl ayed pr obabl y ever y 10 mi nut es or so.
2 can put some parameters on this, what time do you think it 2 Q Okay. Now, at some poi nt , di d a coupl e of
3 was that you left t her e? 3 younger - and by t hat I'm goi ng t o say ar ound 30 year
4 A 1 want to say ar ound 9: 00. Agai n, gi ve or t a k e -- 4 ol d - women come i nto t he bar t hat you -
5 Q That 's f i ne. 5 A Yeah.
6 A - hal f an hour. 6 Q - event ual l y met.
7 Q I'm not st i cki ng ^- 7 A Yes.
8 A Yeah. 9: 00. 8 Q Di d you know ei t her one of t hem at t hat t i me?
9 Q And in fact - and we may talk about t hi s l ater, 9 A No.
10 or maybe off the record, but we did get some invoices f rom 10 Q Recogni ze ei ther one of t hem?
11 Mal i o's, okay? 1 don't know if we got t hem al l or not . 11 A No.
12 That's why 1 ki nd of want t o check into some of thi s stuff. 12 Q Al l ri ght. Tel l us about how t hat occur r ed and
13 Di d you act ual l y buy anyt hi ng, pay wi t h a credi t 13 what conversat i ons t hat you all engaged i n.
14 car d? 14 A Wel l , we wer e si tti ng at t he - at t he - at t he
15 A 1 know 1 or der ed t he first - my first dri nk 15 bar. And I'd noti ced t hat they had sat down next to - t he
16 bef ore Mr. Campbel l got t her e, but 1 bel i eve t hat 16 seat next to Phi l . Not t owar d t he end of t he bar, but
17 Mr. Campbel l pi cked up t he dri nks t hat ni ght . 17 cl oser t o t he door -
18 Q Okay. So you don't thi nk you ever used one of 18 Q Mm-hmm.
19 your credi t car ds? 19 A -- and t he seat after t hat .
20 A 1 don't bel i eve 1 used my credi t car d. 20 And I t hi nk - I bel i eve I not i ced it because I
21 Q Okay. 21 was ordering a water, and one of them had said something of,
22 A 1 mean, if t her e's some recei pt t here t o pr ove me 22 "I guess I got t o wai t for my dri nk. " Whi ch t ur ned out t o
23 wr ong, but 1 do not bel i eve - 23 be Mel i ssa Personi us, I t hi nk it was, "unti l you get your
24 Q Yeah. 24 unti l you get your wat er. "
25 A - that I used my credi t car d. I'm pretty sure 1 25 Q Okay.
Page 10 Page 12
1 di dn't. 1 A And t hat , I t hi nk, was t he i ce breaker.
2 Q And di d you guys eat anyt hi ng whi l e you wer e 2 Q Was t hat sai d like in a l aughi ng or mocki ng ki nd
3 t her e? 3 of way?
4 A Yes. 4 A Yeah. I t hi nk it was -- no, no. She was j oki ng.
5 Q At t he bar? 5 I mean, I think they had j ust gotten there and were ready to
6 A Yes. We st ayed at t he bar t he ent i re t i me. 6 get a dri nk. And I thi nk at t hat poi nt Mr. Campbel l had
7 Q Mr. Campbel l as wel l , ri ght ? 7 asked them what they were drinking. And I think, when I got
8 A Yes. 8 my wat er , he got t hem each a whi t e wi ne.
9 Q Okay. And j ust , agai n, wi t hout commi t t i ng 9 Q Okay.
10 yoursel f speci fi cal l y, you bel i eve t hat t hose ~ t hat t ab or 10 A At l east one of t hem was a whi t e wi ne, but I t hi nk
11 what ever woul d have been pi cked up by Mr. Campbel l . 11 t hey bot h wer e.
12 A Correct . 12 Q And di d you - or di d Mr. Campbel l - how di d
13 Q Okay. Now, whi l e you wer e t her e, wer e you guys 13 you -
14 t al ki ng about t he t ri al at all wi t h each ot her ? Do you 14 Wel l , you ment i oned t hi s woman. You l ater l ear ned
15 recal l ? 15 her name to be Mel i ssa Per soni us, is t hat ri ght ?
16 A Yes. 16 A Yes.
17 Q It's my under st andi ng t her e wer e s ome TVs t her e? 17 Q Di d you know t he ot her gi rl wi t h her or find out
18 A Yes. 18 who she was l ater on?
19 Q And I t hi nk maybe it came on t he news or 19 A I f ound out when I r ead t he t ranscri pt of the
20 somet hi ng. 20 hear i ng.
21 A It was on ever y - it was on l i teral l y, I mean, if 21 Q Al l ri ght. And how was it -
22 you l ooked at wher e you wer e si tti ng, if you l ooked at t he 22 Di d you engage i n conver sat i on - I'm j ust goi ng
23 TV, it was j ust - because I thi nk it was Todd Schni t t had 23 t o cal l her Mel i ssa. Di d you engage in conversat i on wi th
24 t est i f i ed t hat day, t hat was t he cl i p t hat was - 24 Mel i ssa t hat eveni ng?
25 Q Ri ght . 25 A Yes.
Win ; -s, - nir-r Kanabay Court Reporters - Serving the Tampa Bay Area (3) Page 9 - Page 12
March 5,2013
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Page 15 I
1 Q Can you tell us about t hat ? l pr obabl y t he fi rst t wo or t hr ee mi nut es - j
2 A I t hi nk t her e was initially a little bit of a 2 Q So s h e - |
3 conversat i on over the fact that, you know, Phil was t here. 3 A - t hat we -
4 t he tri al was goi ng. Ther e was a little conver sat i on wi t h 4 She knew.
5 t hat . Then I t hi nk t here was a conver sat i on on t he f act 5 Q She knew what he was doi ng.
6 that she had pulled out her phone and was showi ng Phil her 6 A We di scl osed t o her t hat Phi l was - you k n o w,
7 kids or something along those lines. Then a guy named - I 7 was we wer e out of t hi s t ri al . The t hi ng's pl ayi ng on
8 f or get hi s fi rst name. I hadn't met hi m, but hi s l ast name 8 t he t hi ng. She' s l ooki ng at t he t el evi si on. I me a n , you
9 is Tr ent al ange. He's a l awyer in t own. He was t ryi ng t he 9 know, it's -
10 tobacco case at the same ti me. So Trentalange came over, 10 Q Okay.
11 and t hey st art ed up t al ki ng. 11 A I don't t hi nk t her e was any - it was absol ut el y j
12 Q When you say t hey, who's t hey? 12 di scl osed.
13 A Phi l and -- Mr. Campbel l and Mr. Tr ent al ange 13 Q Okay. And so you wer e on t he r el at i onshi p,
14 st art ed t al ki ng. They wer e t el l i ng war st ori es. 14 wor ki ng for t hese ot her l aw f i rms. And we'l l wor r y about
15 And t hen I sort of moved over I st ar t ed t al ki ng, I 15 t hat st uf f l ater, okay?
16 t hi nk, t o Mel i ssa and the ot her one. And it was ei ther in 16 But t hat ni ght -
17 the first conversati on or second conversation I asked t hem 17 A Yes.
18 each wher e t hey wor ked. You know, t hat 's j ust me. 18 Q t hat was your under st andi ng; she was a
19 Q Yeah. 19 paralegal or something that had no connection wi th Adams &
20 A She i ndi cat ed - 20 Di aco what soever .
21 Q She, Mel i ssa 21 A Absol ut el y. I mean, we woul dn't tal k -
22 A Mel i ssa i ndi cat ed t hat she wor ked wi t h - at 22 Q Yeah.
23 Trenam, with a guy named Nate Carney. And I had one or two 23 A We pr obabl y woul d have moved t o somepl ace el se at
24 questions about Nate Carney because he's doing commercial - 24 t he bar. I mean, it was hi gh enough profi l e t ri al you'r e
25 accordi ng t o her, he was doi ng commerci al l i ti gati on. You 25 j ust not goi ng t o sit down and tal k t o t he par al egal at t he
Page 14 Page 16
1 know, I know most of t he peopl e ar ound commer ci al 1 ot her f i r m.
2 l i t i gat i on. 2 Q Now, t hi s ot her girl t hat was al ong, do you
3 Q Okay. 3 r emember her name?
4 A I di dn't know wh o he was. 4 Wel l , we al r eady -
5 I asked 5 A Vanessa Fykes, I bel i eve it was.
6 Q So you di d or di d not know? 6 Q Yeah.
7 A I di d not know. 7 A But t hat was af t er t he f act .
8 So I asked a coupl e of quest i ons on about t hat . 8 Q Okay. Woul d you say she was i nvol ved in t hese
9 I t hi nk I asked her wher e she'd pr evi ousl y wor ked. 9 conver sat i ons or l ess i nvol ved or -
10 She i ndi cat ed she had wor ked wi t h ~ I want t o say Dal e 10 A Less i nvol ved, but i nvol ved. I mean, it was
11 Swope's firm. We talked about somebody we each knew at -- 11 t here was four of us - four t o five peopl e that wer e t her e,
12 Angela Rodante, I think, worked there. And we talked about 12 and she was involved in some of those conversations. And it
13 her, you know, ver y bri efl y, in a compl i ment ar y sort of 13 wasn't a cont i nuous conver sat i on.
14 f or m. 14 Q Now, what about Mel i ssa and Campbel l ? Di d she
15 I f ound out f r om the ot her gi rl - woman, t hat she 15 seem t o be particularly i nterested in talking to hi m, or how
16 wor ked at t he st at e at t or ney in some t ype of i nt ake. 16 woul d you descr i be t hat scenari o whi l e you wer e t her e?
17 Q Okay. 17 A Wel l , she was t al ki ng t o hi m. I mean, you know,
18 A Then 18 whet her parti cul arl y i nt erest ed or not, she sat ri ght down
19 Q Let me j ust i nt errupt you f or a second. 19 next t o hi m in t he seat that was open. I bel i eve, when I
20 A Sur e. 20 l ooked down, t her e wer e ot her seat s. It was sor t of
21 Q Dur i ng t hese conver sat i ons, is t her e any - woul d 21 interesting that, when you wal k i n, you don't take when
22 this Melissa Personius have been aware or been engaged in 22 t here's t wo of you, you don't t ake a seat wher e t her e's a
23 the conversat i on wi t h Mr. Campbel l or Mr. Trent al ange or 23 seat in bet ween -
24 yoursel f, that Campbel l was a l awyer on t he Bubba case? 24 Q Ri ght .
25 A I t hi nk t hat conver sat i on t ook pl ace wi t hi n 25 A - so -
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March 5, 2013
Page 17 Page 19
1 And t hen I t hi nk she sort of what I cal l br oke t he l A I'm pret t y sur e t hat it wasn't Mr. Campbel l wh o
2 ice with that water comment, from my recollection from my 2 bought t hem, and it wasn't me.
3 recol l ecti on of it. And t hen she cont i nued t o talk t o hi m. 3 Q Okay. But I guess -
4 And t hen I t hi nk she sort of st opped t al ki ng a little bit 4 A I bel i eve it was her. I don't know f or sur e.
5 when Tr ent al ange came over. But I thi nk she even was 5 Q Okay.
6 i nvol ved i n a little bi t of t hose conver sat i ons. But my 6 A But I bel i eve t hat she was t he one t hat woul d hav e
7 recol l ect i on, i s t hey got i nt o war st ori es - 7 purchased t hem, but I didn't necessarily see her pur chase
8 Q Yeah. Okay. 8 t hem. ;
9 A - t hat her i nt erest f aded a little bit at t hat 9 Q Al l ri ght.
10 t i me. 10 A Or - I'm sorry. I di dn't - l don't recal l her
11 Q As far as I know you sai d you i ndi cat ed you saw 11 act ual l y maki ng t he pur chase.
12 Mr. Campbel l bought at least one if not two gl asses of wi ne 12 But I know Mr. Campbel l woul dn't have bought t hem,
13 for t he gi rl s, when t hey fi rst ki nd of got t her e? 13 and I di dn't buy t hem, and I don't t hi nk Mr. Tr ent al ange
14 A I bel i eve it was t wo. I bel i eve - he bought one 14 bought t hem.
15 f or each of t hem. I t hi nk I sai d one was whi t e. I'm not 15 Q Al l ri ght . When you l eft, who was pr esent wh e n -
16 sur e if t hey bot h wer e whi t e. 16 Was Mr. Tr ent al ange still t her e when you l ef t , or
17 Q Okay. And di d you see what el se di d you see 17 do you recal l ?
18 thi s Ms. Per soni us or t he ot her gi rl dri nk, if anyt hi ng? 18 A Yes.
19 A You know, at some poi nt I not i ced she was not 19 Q Okay. And t he t wo gi rl s wer e still t her e when y ou
20 dri nki ng t hat . And I thi nk t here may have been, at some 20 l eft?
21 poi nt, a doubl i ng up on t he on t he whi t e wi nes. 21 A Yes.
22 Q And do you know if she was payi ng f or dr i nks 22 Q And when you left t hem, di d you ever get any ki nd
23 hersel f whi l e you wer e t her e or - 23 of i mpr essi on t hat t hi s Mi chel l e gi rl was - oh, I'm goi ng
24 A Wel l , I know she i nsi st ed, you know, wi t hi n about 24 t o say t hi s t er m -
25 t hree mi nut es af t er Phil - Mr. Campbel l bought - bought 25 A You mean Mel i ssa?
Page 18 Page 20
1 t hem t he wi ne, she was i nsi sti ng on buyi ng bot h of us a 1 Q Yes. I'm sorry.
2 dri nk, whi ch I t hought was somewhat unusual . 2 Mel i ssa was bei ng f l i rt at i ous wi t h Mr. Campbel l ?
3 Q Okay. And di d she in f act do t hat ? 3 A I t hi nk she was bei ng f l i rt at i ous a little bit
4 A Yes. 4 wi t h bot h of us, one of t he reasons why I sort of f i gur ed it
5 Q Al l ri ght . An d t hi s was j ust regul ar cockt ai l s? 5 was probabl y ti me for me t o go. I mean, we were tal ki ng a
6 What ever you wer e dri nki ng? 6 bit. She had her phone out. I think she was looking at her
7 A What ever we wer e dri nki ng. 7 phone. She indicated to me that she had been a mistress for
8 Q Okay. I know t here's some i nf ormat i on about maybe 8 like five year s, and that t he guy she was seei ng, who was
9 some shot s bei ng pur chased or somet hi ng l i ke t hat . 9 mar r i ed, was down at t he Fl y
10 Do you know what I'm t al ki ng about ? 10 Q Oh.
11 A Yes. 11 A - and whet her she shoul d go t her e or not.
12 Q Wer e you t her e f or t hat ? 12 Whi ch I t hought was, you know -
13 Tel l us about t hat . 13 Q Al l ri ght.
14 A I don't r emember t he speci f i cs of it. I r emember , 14 A - a little odd conver sat i on t o be havi ng when you
15 as I was l eavi ng, t here was a - t here was a shot gl ass. I 15 meet somebody for, you know you know, within the next
16 mean t here was a - I'm sorry - not a shot gl ass. Sor t 16 hal f hour or so.
17 of a shot in f r ont of Mr. Campbel l . And I f or get whet her 17 Q Di d t hey act ual l y ever l eave and go t o t he Fly
18 t her e was a coupl e of t hem or not . 18 whi l e you wer e t her e?
19 Q Do you know what t hey wer e? Di d you dri nk one 19 A No.
20 yoursel f or - 20 Q Or di d t hey tell you t hey'd been t o t he Fl y?
21 A I di d not have a shot . I l ear ned subsequent l y, I 21 A No.
22 t hi nk, f r om seei ng one of the recei pt s, t hat it was a 22 Q Okay.
23 Sout her n Comf or t , I bel i eve, but I'm not posi t i ve. 23 A They i ndi cat ed -
24 Q And di d she buy t hose, as f ar as you know, or di d 24 Q And I shoul dn't say "t hey. " Let's t al k about what
25 she suggest t hose, or do you know how t hose - 25 she sai d.
Hm-V-Scn>it<h Kanabay Court Reporters - Serving the Tampa Bay Area
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1 A My recol l ect i on was, I t hi nk Ms. Per soni us sai d l Q Okay.
2 that she got a call from hi m, and that he want ed t o meet her 2 A Ther e was a dri nk -
3 at t he Fl y, was - is what happened. 3 Q And t he pot ent i al shot dri nk?
4 Q And she di dn't i dent i f y who t hi s per son was. 4 A Ther e was a dri nk t hat she purchased f or hi m.
5 A No. I asked her who it was, whet her it was 5 Q The ones you t al ked about bef ore. She bought you
6 somebody she worked with or not. She said it was somebody 6 t wo a dr i nk.
7 she used t o wor k wi t h - 7 A Yes. Each one of us a dri nk, and t he shot .
8 Q Okay. 8 1 wi l l say t hat out of t hose dri nks, I'm pretty
9 A but not somebody at her current f i r m. 9 sur e he had f i ni shed t he fi rst one and the second one. 1
10 But t hat current f i r m at t hat t i me was Tr enam - 10 don't know if he compl et el y dr ank t he ot her ones or not .
11 Q Ri ght . 11 Q And he dr i nks -
12 A i n my under st andi ng. 12 A Gr ay Goose -
13 Si nce, I've l ear ned ... 13 Q Gr ay Goose.
14 Q Yes. 14 A on t he r ocks.
15 Di d you know whet her you saw ei t her of t hose 15 Q Is t hat what you wer e dri nki ng t oo?
16 gi rl s, when you f i rst got t her e, t hat t hey mi ght have been 16 A 1 was dr i nki ng vodka soda.
17 t her e and left and come back? 17 Q Vodka soda. Wi t h Gr ay Goose vodka or not ?
18 A I di d not not i ce ei t her one of t hose women 18 Onl y t hi ng -
19 unt i l -- 19 A Yeah, 1 know. 1 know. 1 t hi nk t he i nvoi ce says.
20 Q They showed up. 20 If I'm not asked, it woul d have been Gray Goose. But if 1
21 A - until t hey sat next t o Phi l . 21 was asked, 1 woul d have asked for t he wel l dr i nk.
22 That doesn't mean t hey wer e t here or not . That 22 Q Okay. So dependi ng
23 j ust means I di dn't not i ce t hem. 23 A Yeah. By t he t i me 1 put t hat l i me i n, my pal at e
24 Q Yes. 24 can't t ast e t he di f f erence in vodkas.
25 Okay. And I t hi nk your t est i mony i s, you wer e 25 Q And when you left Mr. Campbel l , what woul d be your
Page 22 Page 24
1 si t t i ng i n t he bar bef ore Phi l showed up, i s t hat ri ght? 1 opi ni on on hi s sobr i et y?
2 A Cor r ect . 2 A Fi ne.
3 Q Al l ri ght . 3 Q Okay. And it was your bel i ef t hat he was
4 A And I don't recal l - I don't recal l t hem bei ng at 4 Wel l , how di d you bel i eve or di d you know how he
5 t he bar. 5 was goi ng t o get home t hat ni ght f r om Mal i o's?
6 Q I under st and. 6 A It was my under st andi ng he was goi ng to wal k. 1
7 And what if you coul d put a t i me f r ame on it -- 7 mean it's not t he first ti me we went to Malio's. And one of
8 if you can't , t hat 's fi ne - how qui ckl y di d you bel i eve 8 the reasons 1 think we go to Malio's with him is because he
9 they showed up after Phil got there or they sat down next to 9 doesn't have t o dri ve.
10 hi m? 10 Q Ri ght . And t hat was my quest i on.
11 A Hour and a hal f, maybe. 11 You've had pr evi ous exper i ences wher e i n f act he
12 Q Okay. So you wer e t her e f or a whi l e. 12 had wal ked f r om Mal i o's.
13 A We wer e t her e for a whi l e. I mean, we each had -- 13 A Yes.
14 I think we each had had, you know, two or t hree appeti zers 14 Q And you don't know whet her he dr ove hi s car t her e
15 each. And whether they came in right at the end of when we 15 t o wor k t hat mor ni ng or not.
16 wer e f i ni shi ng up the - 16 A 1 don't know whet her he dr ove hi s car t o - 1
17 Q Okay. 17 don't know wher e t he car was.
18 A - appet i zer s or not . . . 18 Q Okay.
19 Q And can you at l east t he t i me f r ame t hat you 19 A 1 assumed it was one of t he t wo pl aces. 1 don't
20 wer e t her e, can you tel l me how many dri nks you thi nk 20 know whi ch pl ace it was.
21 Mr . Campbel l had? 21 Q And havi ng been down t here, the wal k f rom Mal i o's
22 A Yes. 22 to t he Bank of Ameri ca parki ng lot as opposed to t he wal k
23 Q How many do you t hi nk it was ? 23 from Malio's to Skypoint was pretty close to being the same,
24 A They wer e ei ther t wo t o t hr ee dr i nks t hat he had 24 aren't t hey?
25 pur chased on his own. I don't know if it was t wo or t hree. 25 A Yeah. 1 t hi nk 1 t est i f i ed it was about f our or
(6) Page 21 - Page 24
March 5,2013
Page 25 Page 27
1 f i ve bl ocks. 1 t hi nk now 1 real i ze it's t hr ee bl ocks t o l A So t her e was t wo conver sat i ons goi ng on at t hat
2 Skypoi nt . And acr oss t he st reet and i nto t he Bank of 2 ti me, when she had menti oned this thing with t he mi st ress
3 Amer i ca gar age, it's l i ke a bl ock and a hal f. 3 and everythi ng el se. 1 was t al ki ng to the t wo wo me n . He
4 Q Al l ri ght . Di d she, Mel i ssa, make any comment s 4 was t al ki ng t o Tr ent al ange.
5 about her car or vehicle or having Mr. Campbell do anything 5 Q Okay.
6 for her whi l e you wer e t her e? 6 A If t hat hel ps.
7 A No. 7 Q Yeah. 1 under st and.
8 Q Di d you have any i dea how she got t her e t hat 8 But - and 1 t ake it, when you sai d it was a
9 ni ght ? 9 little bit unusual t hat t he fi rst t i me you met s omebody
10 A No. 10 t hey're maybe bri ngi ng up t hei r sex life i n some f ashi on,
11 Q Did she comment at all about her mot or 11 okay?
12 t ransport at i on or her dri ver's l i cense or anyt hi ng like 12 And so do you know whet her she was havi ng t hat
13 t hat , t hat you can recal l ? 13 conver sat i on at some poi nt wi t h Phi l or not ?
14 A Not t hat 1 recal l . 14 A Not t hat 1 know of.
15 And 1 t hi nk t he answer t o t hat i s, 1 don't t hi nk 15 Q But you j ust know t hat -
16 she di d, wher e at l east i n t he conver sat i ons whi ch 1 - 16 A 1 know she had it wi t h me.
17 of whi ch 1 was a party. 17 Q Ri ght .
18 Q And so when you left, was it your under st andi ng 18 A And 1 know t hat 1 pr obabl y l eft wi t hi n about t wo
19 t hat -- 19 or t hr ee mi nut es of t hat .
20 Wel l , let me ask you t hi s way: 20 Q Al l ri ght.
21 Di d you - di d Phi l , Mr. Campbel l , ever t al k to 21 A 1 sai d my goodbyes and -
22 you earlier about what his plans were for that eveni ng; you 22 MR. LOUGHERY: Okay. Of f t he record f or a
23 know, after you wer e at Malio's and stuff, what he pl anned 23 second.
24 on doi ng, or di d he have a rout i ne - 24 (A di scussi on was hel d of f t he record. )
25 A 1 bel i eve he was goi ng t o go back and fi ni sh 25
Page 26 Page 28
1 preparing for, you know - preparing for what he needed to 1 BY MR. LOUGHERY:
2 do the next mor ni ng. 2 Q So t hat was t he end of it t hat ni ght .
3 Q Okay. 3 When was t he next t hi ng you heard anyt hi ng? Wh e n
4 A 1 mean - l et me make it cl ear. 1 don't thi nk 4 di d you hear about Mr. Campbel l get t i ng ar r est ed?
5 ei t her one of us ant i ci pat ed we wer e goi ng t o go out all 5 A 1 want t o say must have been about 3: 15, 3: 30 i n
6 ni ght or somet hi ng. You know, we'r e i n t ri al . Let's go 6 t he mor ni ng. You know, cel l phone was goi ng of f .
7 grab di nner at Mal i o's that has thi s sort of appeti zer menu 7 Q Di d he cal l you?
8 t hat we wer e or der i ng of f of. And you know ... 8 A Yes.
9 Q Di d you have any f eel i ng or any i nkl i ng that - 9 Q Okay. Al l ri ght. Now, at some poi nt later t hat
10 you know, that, f r om the behavi or you had observed, that 10 morni ng, after all the stuff goes on, the process and t hi ngs
11 t hi s Mel i ssa gi rl was t hat she and Mr. Campbel l wer e 11 of that nature, when was it that you became aware t hat his
12 goi ng t o get t oget her af t er Mal i o's i n any way? 12 bri ef case was mi ssi ng, or he di dn't have t hat ?
13 A You know, in r et r ospect now, wi t h t hi s t hi ng wi t h 13 A Short l y af t er I pi cked hi m up and we wer e dr i vi ng
14 the fact that she was having you know, she was a mistress 14 back t o downt own.
15 for five years - 1 mean, you know, there's somethi ng there 15 Q An d when was t hat ?
16 at t he t i me, 1 j ust know t hat it was enough t i me t hat 1 16 A That woul d have been somewhere between about 6:20
17 thought it was probably good for me to get - you know, let 17 and 7: 10.
18 me go home. 1 got witnesses tomorrow. Let me leave. This 18 Q Okay. Now, I di dn't ask t hi s bef or e.
19 conversati on was going down a path that 1 didn't really need 19 Obvi ousl y, he came
20 t o be i nvol ved i n. 20 Wel l , I don't know. Di d he come t o t he bar wi t h
21 Q 1 under st and. 21 hi s br i ef case?
22 A He was t al ki ng and when 1 left, 1 mean, keep i n 22 A Not t hat I knew of.
23 mi nd he wasn't speaki ng wi t h Mel i ssa. And f r om t hat 23 Q Okay. So when you -
24 conver sat i on wi t h me, he was speaki ng t o Tr ent al ange. 24 A That doesn't mean he di dn't dr op it off. I j ust
25 Q Okay. 25 don't recal l seei ng a bri ef case t her e.
vt;t i ' Ti f i t '* Kanabay Court Reporters - Serving the Tampa Bay Area (7) Page 25 - Page 28
March 5, 2013
Page 29 Page 31
1 Q Okay. Do you know whet her he came f r om t he l Look, t hey'l l pr obabl y get in 9 or 8: 30. If
2 cour t house di rectl y to Mal ta's or whet her he went by t he 2 t hey're not t her e, I'll get somebody t here.
3 of f i ce? 3 And I'm on t he phone wi t h t he Tr enam r ecept i oni st ,
4 A 1 t hi nk he st opped at t he of f i ce. 4 asking, "Well, how many Melissas do you have," you know, and :
5 Q Okay. 5 t ryi ng t o f i gur e out - t her e was anot her Nat e t her e. I
6 A My guess i s, he was t aki ng t he br i ef case back 6 thought maybe I had t he name wrong. It was a Nat han or
7 home, so he wasn't goi ng t o go back t o t he of f i ce. 7 somebody el se t hat was on at Tr enam. I
8 Q Ri ght . But t hat woul d - t hat woul d suppose t hen 8 I t ri ed t hat assi st ant .
9 t hat he had t he bri ef case wi t h hi m in t he bar, but you j ust 9 Q Okay. j
XO di dn't see t hat . 10 A But it j ust -
11 A 1 di dn't see. But 1 mean, I'll tell you 11 Q Okay.
12 somet hi ng: 1 mean, 1 think from another ti me that we were 12 A But you j ust wer en't goi ng t o -
13 there, 1 thi nk t hey have a back r oom you put t he bri efcase 13 And t hen I got up and I went t o court t hat day.
14 in or somet hi ng. 14 MR. LOUGHERY: Okay. Go off t he record agai n.
15 Q That was my next quest i on, whet her t her e was a 15 (A di scussi on was hel d of f t he record. )
I S check r oom or somet hi ng like that, that he coul d have put 16 BY MR. LOUGHERY:
17 somet hi ng like t hat . 17 Q Mr. El l i s, I pr evi ousl y asked you about the number
18 A 1 t hi nk, if you t al k to peopl e at Mal i o's 1 18 of dr i nks t hat you t hought Mr. Campbel l had in your
19 di dn't see it, but t hat 's my recol l ect i on. 19 presence, and that your belief was he appeared sober when
20 Q But when you t al ked t o hi m t he next day, and he 20 you left.
21 didn't have his briefcase, the answer was, it must have been 21 Can you t el l us about what you ate whi l e or
22 l eft in her car. 22 what he ate whi l e you wer e t here, and the ti me f r ames for
23 A Yeah. 23 t hat , if you can.
24 So 1 t ol d - 24 A I bel i eve he got in - as I sai d, I t hi nk I got
25 Yes. 25 there about 5:30ish, somewhere around there, and he woul d
Page 30 Page 32
1 So 1 t ol d hi m, " Look, don't you --" 1 have come about 10 or 15 minutes later. And he ordered a
2 Wel l , you know, wi t hout goi ng i nto what 1 t ol d 2 dri nk, you know, when he got t here.
3 hi m, 1 you know, 1 got back t o t he of f i ce - and I've 3 Pr obabl y wi t hi n about hal f an hour of that, we
4 al r eady t est i f i ed t o t hi s. 4 wer e l ooki ng at the appet i zer menus. I am not absol ut el y
5 1 made a cal l t o Tr enam - 5 posi t i ve, I'm pret t y sur e we each had t hree appet i zer s.
6 Q Ri ght . 6 Q Okay.
7 A Tr i ed t o get t o Nat (si c) Car ney's assi st ant . 7 A I want t o say t hat he had ~ one of t hem, I t hi nk,
8 And all of a sudden, you're real i zi ng t hi s was not 8 was zi t i ; one of t hem was a baked Theresa shri mp, and I
9 what it was. 9 t hi nk t he t hi r d one - it may have been a second baked
10 Q Yes. 10 Ther esa shr i mp. The zi t i comes sort of in ~ you guys
11 Okay. That 's when you woul d have gone on t he 11 pr obabl y - it comes sort of in a di sh. It's got t he
12 search, 1 suppose, and tri ed t o fi nd out what Mel i ssa's l ast 12 noodl es and t he cheese and red sauce.
13 name was, and who she really wor ked for, and how t o get 13 Q Ri ght .
14 ahol d of hi s br i ef case. 14 A And t he shr i mp comes i n - you know, I thi nk it's
15 A Not me. But t hat was -- 15 breaded, and it comes sort of in a butter sauce. You know,
16 Q Ri ght . 16 about f i ve shr i mp.
17 A That 's when 1 real i zed it was a pr obl em. 1 t hi nk 17 Q And you woul d have eat en t hose at t he bar, ri ght ?
18 1 let peopl e know at t he offi ce, and t hen 1 wound up goi ng 18 A Yes .
19 t o t he cour t house 'cause we had t o be t her e at 9 a. m. 19 Q Okay.
20 1 t hought 1 was goi ng t o be abl e to get t he 20 MS. ANDRI NGA: Who pai d f or t hi s?
21 br i ef case. 21 THE WI TNESS: Phi l . No, I'm sorry.
22 Q Okay. 22 Mr. Campbel l .
23 MS. ANDRI NGA: By 9 a. m. 23 BY MR. LOUGHERY:
24 A By 9 a. m. , and have it t her e - no. I'm 24 Q Oh, I know what I want ed t o ask you.
25 ser i ous - and have it t her e. 25 Okay. And so so t he best you can say at t hi s
(8) Page 29 - Page 32
J onathan Ellis
March 5,2013
Page 33
1 time, he might have had two cocktails, Gray Goose cocktails.
2 Do you know if t hey wer e doubl es or si ngl es?
3 A Si ngl es.
4 Q And t hen he mi ght have had a shot . You don't
5 know. It was si t t i ng in f ront of hi m.
6 And he at e dur i ng t hat t i me peri od as wel l .
7 A My recol l ect i on i s, 1 bel i eve he had t he first t wo
8 dri nks, t hat 1 bel i eve, you know, he had f i ni shed. I'm not
9 posi t i ve whet her he or der ed a thi rd dri nk -
10 Q Okay.
11 A - o r not.
12 She bought us a dri nk, t o t he ext ent t her e was a
13 t hi rd dri nk. And t he dri nk she bought , 1 don't know if he
14 f ul l y f i ni shed t hose dri nks, di dn't fi ni sh t hem or what he
15 di d wi t h t hat .
16 And when 1 l eft, t he shot was t here, but he had
17 yet t o he hadn't dr ank t he shot when 1 left.
18 Q Now, di d you - you ment i oned she had her phone
19 out at cert ai n t i mes.
20 A Yes.
21 Q And you coul d ki nd of see t he scr een and stuff.
22 Di d you ever see her t al ki ng on t he phone or
23 engaged i n a conver sat i on you recal l ?
24 A You know, she mi ght have. 1 don't know.
25 Q Okay.
Page 35
1
2 C ER TI FI C ATE OF OATH
5 I , the u nd ers i g ned au tho ri ty, c e r t i f y that JONATHAN ELLI S
p e r s o n a l l y appe are d b e f o r e me and w as d u l y s w o rn.
6
7 2013.
8
9
10
11
Page 33
1 time, he might have had two cocktails, Gray Goose cocktails.
2 Do you know if t hey wer e doubl es or si ngl es?
3 A Si ngl es.
4 Q And t hen he mi ght have had a shot . You don't
5 know. It was si t t i ng in f ront of hi m.
6 And he at e dur i ng t hat t i me peri od as wel l .
7 A My recol l ect i on i s, 1 bel i eve he had t he first t wo
8 dri nks, t hat 1 bel i eve, you know, he had f i ni shed. I'm not
9 posi t i ve whet her he or der ed a thi rd dri nk -
10 Q Okay.
11 A - o r not.
12 She bought us a dri nk, t o t he ext ent t her e was a
13 t hi rd dri nk. And t he dri nk she bought , 1 don't know if he
14 f ul l y f i ni shed t hose dri nks, di dn't fi ni sh t hem or what he
15 di d wi t h t hat .
16 And when 1 l eft, t he shot was t here, but he had
17 yet t o he hadn't dr ank t he shot when 1 left.
18 Q Now, di d you - you ment i oned she had her phone
19 out at cert ai n t i mes.
20 A Yes.
21 Q And you coul d ki nd of see t he scr een and stuff.
22 Di d you ever see her t al ki ng on t he phone or
23 engaged i n a conver sat i on you recal l ?
24 A You know, she mi ght have. 1 don't know.
25 Q Okay.
12
13
14
15
16
17
18
19
20
21
22
23
24
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Page 34
. l A 1 f orget what t he r eason was. It was sort of odd
2 t hat she was out wi t h the phone pretty qui ck in retrospect.
3
4 But at t he t i me, you know, ever ybody has t hei r
5 phone - 1 mean, thei r phone at t he bar.
6 Q Yeah. Next quest i on i s, di d you ever see her
7 act ual l y t ext i ng?
8 A 1 want t o say t hat she was t ext i ng, and t hat 's
9 part of how that conver sat i on came up, wi t h t he fact t hat
i o she was goi ng - or t he guy -
n Q The Fl y.
12 A - she was seei ng was at t he Fl y.
13 But you know, si t t i ng her e t oday, 1 can't
14 absol ut el y swear t o it.
i s Q Okay. She had her phone out , and t here was -
16 A Absol ut el y out . And it was out t he whol e t i me.
17 MR. LOUGHERY: Okay.
18 THE STATEMENT WAS CONCLUDED AT 2: 45 P. M.
19
20
21
22
23
24
25
Page 36
1
2 REPORTER'S C ER TI FI C ATE
3
6 I , DONNA M. KANABAY, R e g i s t e r e d P r o f e s s i o n a l R e po rte r,
7 r e po r t the s tate me nt o f JONATHAN E L L I S and t h a t the
trans cri pt i s a tru e and complete reco rd o f my s teno g raphi c
8 n o t e s .
9 I f u r t h e r c e r t i f y t h a t I am no t a r e l a t i v e , empl o yee,
a t t o r n e y o r co u ns e l o f any o f the p a r t i e s , n o r am I a
10 r e l a t i v e o r employee o f any o f the p a r t i e s ' a t t o r n e y o r
co u ns e l co nnected w i th the acti o n, no r am I f i n a n c i a l l y
11 i n t e r e s t e d i n the a c t i o n .
12 DATED t h i s 18th d ay o f A p r i l , 2013.
13
14
15
Page 34
. l A 1 f orget what t he r eason was. It was sort of odd
2 t hat she was out wi t h the phone pretty qui ck in retrospect.
3
4 But at t he t i me, you know, ever ybody has t hei r
5 phone - 1 mean, thei r phone at t he bar.
6 Q Yeah. Next quest i on i s, di d you ever see her
7 act ual l y t ext i ng?
8 A 1 want t o say t hat she was t ext i ng, and t hat 's
9 part of how that conver sat i on came up, wi t h t he fact t hat
i o she was goi ng - or t he guy -
n Q The Fl y.
12 A - she was seei ng was at t he Fl y.
13 But you know, si t t i ng her e t oday, 1 can't
14 absol ut el y swear t o it.
i s Q Okay. She had her phone out , and t here was -
16 A Absol ut el y out . And it was out t he whol e t i me.
17 MR. LOUGHERY: Okay.
18 THE STATEMENT WAS CONCLUDED AT 2: 45 P. M.
19
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22
23
24
25
16 N o tary P u b l i c
17
18
19
20
21
22
23
24
25
(9) Page 33 - Page 36
J onathan Ellis
March 5, 2013
10(2)
11:1;32:1
1081 (1)
5:16
12(1)
8:20
15(3)
7:23;8:20;32:1
1964(1)
2:11
2:45(1)
34:18
2008 (I )
3:1
2013 (1)
2:16
21st (1)
5:17
23rd (4)
2:16;4:24;5:5,22
28th (1)
5:19
3:15(1)
28:5
3:30 (1)
28:5
30(1)
11:3
5(1)
6:1
5:00 (2)
6. i ; 7: 17
5:30ish (2)
7:22;31:25
5th (1)
2:11
9 ( 4 )
30: 19,23,24; 31: 1
9: 00(2)
9:4,8
6
6:20 (1)
28:16
7
7:10(1)
28:17
8
8:30 (1)
31:1
able (1)
30: 20
absolutely (6)
5: 17; 15: 11, 21;
32: 4; 34: 14,16
according (1)
13:25
accountant (1)
5:7
across(1)
25: 2
active (1)
3:15
actively (2)
3:5;5:4
actually (6)
4: 11, 11; 9: 13;
19:11;20:17;34:7
Adams (3)
5:12,14;15:19
afterwards (1)
7:23
again (4)
7: 21; 9: 4; 10: 9;
31: 14
against (1)
2:24
ahead (1)
9:1
ahold (1)
30: 14
along ( 2)
13:7;16:2
America ( 5)
5: 20; 7: 8,13; 24: 22;
25:3
ANDRI NGA ( 2)
30: 23; 32: 20
Angela (1)
14:12
anticipated (1)
26: 5
apartment (2)
6:12,12
appeared (1)
31: 19
appetizer (2)
26: 7; 32: 4
appetizers (3)
22:14,18;32:5
approximately (1)
2:21
around (6)
6: 1,1; 9: 4; 11: 3; 17:12,14,25,25; 9:14,20,25
14:1;31:25 19:2,12,14;23:5; cards(1)
arrested (1) 33:12,13 9:19
28: 4 Boulevard (1) Carney (2)
aspect (1) 5:16 13:23,24
4: 14 breaded (1) Carney's (1)
assistant (2) 32: 15 30: 7
30:7;31:8 breaker (1) case (6)
associate (2) 12:1 2: 18, 21, 23; 3: 4;
3:10;4:5 Brian (1) 13:10;14:24
assumed (2) 4: 6 cause (1)
7:12;24:19 briefcase (9) 30:19
ate (3) 28: 12,21,25; 29: 6, cell (1)
31:21,22;33:6 9,13,21;30:14,21 28:6
attorney (2) briefly (1) certain (1)
2: 12; 14: 16 14:13 33:19
attornevs (1) bringing (1) chair (3)
3:5 27: 10 3:7,8,18
aware (2) broke (1) check (2)
14:22;28:11 17:1 9:12;29:16
brought (1) cheese (1)
B
2:23 32:12
Bubba (4) civil (1)
back (12) 2: 24, 25; 3: 19; 2:18
3: 9; 5: 3; 6: 5,16; 14:24 clear (1)
7: 17; 21: 17; 25: 25; building (6) 26:4
28:14;29:6,7,13;30:3 5: 19,20; 6: 13; 7: 9, Clem (4)
background ( 1) 13;8:11 2: 25; 3: 21; 4: 13; 5: 9
4: 10 butter (1) Clem's (3)
baked (2) 32:15 3:14,16;5:7
32: 8,9 buy ( 3) clip (1)
Bank (5) 9: 13; 18: 24; 19: 13 10:24
5: 19; 7: 8,12; 24: 22; buying (1) close (2)
25: 2 18:1 7:9;24:23
bar (18) closer (1)
4: 10; 8: 12,13,15, c 11:17
23, 25; 10:5,6; 11:4, cocktails (3)
15,16;15:24;22:1,5; call (5) 18:5;33:1,1
28: 20; 29: 9; 32: 17; 12: 23; 17: 1; 21: 2; co-counsel (2)
34:5 28: 7; 30: 5 4:2,3
became (1) came ( 7) co-lead (1)
28:11 )0: 19; 13: 10; 17: 5; 3:18
behavior (1) 22: 15; 28: 19; 29: 1; Comfort (1)
i 26: 10 34: 9 18:23
1 behind (1) Campbell (29) comment (2)
4: 10 3: 6; 7: 19,23; 8: 8, 17:2;25:11
belief (2) 18; 9: 16, 17; 10: 7, 11; comments (1)
24: 3; 31: 19 12: 6,12; 13: 13; 14: 23, 25:4
best(1) 24; 16: 14; 17: 12, 25; commercial ( 3)
32:25 18: 17; 19: 1,12; 20: 2; 13:24,25;14:1
birth (1) 22: 21; 23: 25; 25: 5, 21; committing (1)
2: 10 26: 11; 28: 4; 31: 18; 10:9
bit (7) 32: 22 completely (1)
13:2;17:4,6,9;20:3, can (11) 23: 10
6;27:9 2: 20; 6: 3, 24; 9: 2; complex (1)
block (1) 13: 1; 22: 19,20; 25: 13; 6:12
25:3 31: 21,23; 32: 25 Complimentary (1)
blocks (2) capacity (1) 14:13
25:1,1 5:9 CONCLUDE D (1)
both (5) car (9) 34:18
6: 16; 12: 11; 17: 16; 7: 5,6,8,10; 24: 14, confusion (1)
18:1;20:4 16,17; 25: 5; 29: 22 7:24
bought (10) card ( 3) connection (1)
Miw-l'-S:ript* Kanabay Court Reporters - Serving the Tampa Bay Area
(1) 10 - connection
March 5,2013
15:19 3:16,23;4:6,9;5:12, 3:20;25:22 figure (1) 18:17;33:5
continued (1) 14;15:20 East (1) 31:5 fully (1)
17:3 difference (1) 5:16 figured (1) 33:14
continuous (1) 23: 24 eat (1) 20: 4 Fykes (1)
16:13 dinner (2)
6:19;26:7
10:2 filed (1)
3:1
16:5
conversation (16)
dinner (2)
6:19;26:7
eaten (1)
filed (1)
3:1
12:22,23;13:3,4,5, directly (1)
29: 2
32: 17
either (11)
Filthaut (4)
4:20,21;5:1,8
G
17,17; 14:23,25;
directly (1)
29: 2
32: 17
either (11)
Filthaut (4)
4:20,21;5:1,8
16: 13; 20: I 4; 26: 19, disclosed (2) 3: 17; 6: 8,14; 7: 12; F-I -L-T-H-A-U-T (1) garage(1)
24;27:13;33:23;34:9 15:6,12 11: 8, 10; I 3: 16; 21: 15, 4: 18 25:3
conversations (7) discussion (2) 18;22:24;26:5 Filtrout (1) general(1)
11: 13; 14: 2I ; 16: 9, 27: 24; 31: 15 E L L I S ( 3) 4:15 6:4
I 2; 17: 6; 25: 16; 27: l discussions (1) 2:3,9;31:17 financial (1) girl (6)
cops (1) 7:18 else (5) 4: 14 12: 17; 14: I 5; 16: 2;
6:8 dish (1) 4: 4; 15: 23; 17: 17; find (2) 17: 18; 19: 23; 26: 11
correctly (1) 32: 11 27: 3; 31: 7 12:17;30:12 girls (3)
3:3 door (1) empty (2) fine ( 3) 17: 13; 19: 19; 21: 16
counsel (3) 11:17 8:13,16 9:5;22:8;24:2 glass (2)
3:6,17,18 doubles (1) end ( 4) finish (2) 18:15,16
County (1) 33:2 8: 24; 11: 16; 22: 15; 25: 25; 33: 14 glasses (1)
2:13 doubling (1) 28: 2 finished (5) 17:12
couple (5) 17:21 engage (2) 6:14,15;23:9;33:8, goes(1)
3:11,22;11:2;14:8; down (11) 12:22,23 14 28: 10
18:18 6:6;8:14,22;11:15; engaged (4) finishing (1) Gonzalez (1)
court (1) 15:25;16:18,20;20:9; 2: 18; 11: 13; 14: 22; 22: 16 3:25
31:13 22: 9; 24: 21; 26: 19 33:23 firm (8) good (1)
courthouse (4) downtown (1) enough (2) 3: 23,25; 5: 12,14; 26:17
6:10,21;29:2; 28: 14 15:24;26:16 14:11;16:1;21:9,10 goodbyes (1)
30:19 drank (2) entire (1) firms (1) 27:21
courtroom (3) 23: 10; 33: 17 10:6 15:14 Goose (5)
3:5;5:1,2 drink (17) even (2) first (12) 23: 12, 13, 17, 20;
Cox ( 3) 9: 15; 11: 22; 12: 6; 7:15;17:5 2: 4; 9: 15,15; 13: 8, 33:1
2:25;3:20,20 17:18;18:2,19;23:2, evening (2) 17; 15: 1; 17: 13; grab (1)
credit ( 4) 3,4,6,7,21;32:2;33:9, 12:24;25:22 21: 16; 23: 9; 24: 7; 26:7
9:13,19,20,25 12,13,13 eventually (1) 27: 9; 33: 7 grabbing (1)
current (2) drinking (6) 11:6 five (5) 6:19
21:9,10
12:7;17:20;18:6,7; everybody (1) 16: 11; 20: 8; 25: 1; Gray (5)
23: 15,16 34: 4 26: 15; 32: 16 23: 12,13,17,20; 23: 15,16 34: 4 26: 15; 32: 16 23: 12,13,17,20;
D drinks (9) EXAMI NATI ON (1) flirtatious (2) 33:1
9: 17; 17: 22; 22: 20, 2:6 20: 2,3 guess (4) 9: 17; 17: 22; 22: 20, 2:6 20: 2,3 guess (4)
Dal e(l ) 24; 23: 8, 1! ; 31: 18; examined (1) floor (2) 6: 1; 11: 22; 19: 3;
14:10 33: 8,14 2:4 5:17,19 29:6
damages (1) drive (3) experiences (1) Fly (6) guy (4)
4:14 6: 23; 7: 3; 24: 9 24:11 20: 9,17,20; 21: 3; 13:7,23;20:8;
date (2) driver's (I ) extent(1) 34:11,12 34: 10
2:10;5:5 25: 12 33: 12 follows (1) guys (4)
day (9) driving (4) 2:5 6:21;10:2,13;
4: 10; 5: 23,25; 6: 15; 7:1,3,15:28:13
F
forget (4) 32: 10
8:6,19;10:24;29:20; drop (2) 4: 6; 13: 8; 18: 17;
H 31:13 7: 4; 28: 24 Fabian (1) 34: 1 H
days (2) dropped (1) 3:8 form (2)
3:22;4:13 3:21 fact (8) 5:5;14:14 habit (1)
defended (1) drove ( 3) 9: 9; 13: 3,5; 16: 7; found (2) 7:14
4:22 7:7;24:14,16 18: 3; 24: 11; 26: 14; 12:19;14:15 half (7)
defending (1) duly (1) 34:9 four (3) 6:2;7:22;9:6;
5:8 2:4 faded (1) 16:11,11:24:25 20: 16; 22: 11; 25: 3;
depending (1) during (5) 17:9 fourth (2) 32:3
23:22 3: 2; 4: 12, 23; 14: 21; far (2) 8:16,17 happened (1)
deposition (6) 33: 6 17:11;18:24 frame (2)
22:7,19
21:3
4:13,22,23;5:3,7,8 fashion (1)
frame (2)
22:7,19
hear(1)
describe (1)
E
27: 10 frames (1)
31: 22
28:4
16:16 feeling (1)
frames (1)
31: 22
heard (1)
Diaco (7) earlier (2) 26: 9 front (2) 28:3
(2) continued - heard
St at e At t or ney I nvest i gat i on J onat han El l i s
Ma r c h 5, 2013
hear i ng (1) 25: 2; 30: 2 l eave (2) 22: 20, 23; 31: 4 28:6,10
12:20 i nvoi ce (1) 20:17;26:18 ma r r i e d (1) most (1)
heels (1) 23: 19 l eavi ng (1) 20: 9 14:1
7:2 i nvoi ces (1) 18:15 may (4) mot or (1)
hel d (2) 9:10 l ef t (16) 8: 4; 9: 9; 17: 20; 32: 9 25:11
27: 24; 31: 15 i nvol ved (10) 4: 13; 8: 24; 9: 3; maybe (7) Mo t r o n i (2)
hel pi ng (1) 3:7,9;5:4;16:8,9, 19:15,16,20,22; 7: 1; 9: 10; 10: 19; 4:7,8
4:5 10,10,12;17:6;26:20 21: 17; 23: 25; 25: 18;
26: 22; 27: 18; 29: 22;
18: 8; 22: 11; 27: 10;
31: 6
moved (2)
13:15;15:23
hel ps (1)
21: 17; 23: 25; 25: 18;
26: 22; 27: 18; 29: 22;
18: 8; 22: 11; 27: 10;
31: 6
moved (2)
13:15;15:23
27:6 J 31:20;33:16,17
less (2)
mean ( 22)
7: 9; 9: 22; 10: 21;
must ( 2)
28: 5; 29: 21
her ei n (1)
J anuar y (4)
31:20;33:16,17
less (2)
mean ( 22)
7: 9; 9: 22; 10: 21;
must ( 2)
28: 5; 29: 21
2:4 J anuar y (4) 16:9,10 12: 5; 15: 8,21,24;
N He r r i n g (1) 2:16;4:24;5:5,22 l i cense (1) 16: 10,17; 18: 16;
19: 25; 20: 5; 21: 22;
N
3:17 Jay (1) 25:12
16: 10,17; 18: 16;
19: 25; 20: 5; 21: 22;
her sel f (1) 3:16 l i f e (1) 22: 13; 24: 7; 26: 4, 15, name (9)
17:23 J e f f ( l ) 27: 10 22; 28: 24; 29: 11, 12; 2: 8, 21; 4: 16; 12: 15;
hi gh (1) 3:8 l i me ( l ) 34: 5 13: 8,8; 16: 3; 30: 13;
15:24 j o k i n g (1) 23:23 means (1) 31:6
Hi l l sbor ough (1) 12:4 l i nes (1) 21: 23 named (2)
2:12 J O N AT HAN (2) 13:7 meet (5) 13:7,23
home ( 3) 2:3,9 l i t er al l v (1) 7: 25,25; 8: 4; 20: 15; N a t ( l )
24: 5; 26: ! 8; 29: 7 j u mp (1) 10:21 21: 2 30:7
hour (6) 9:1 l i t i gat i on (2) Mel i ssa (14) Nat e (3)
6: 2; 7: 22; 9: 6; j u n i o r (1) 13:25;14:2 11: 23; 12:15,23,24; 13:23,24;31:5
20:16;22:11;32:3 3:10 l i t t l e (8)
13:2,4;17:4,6,9;
13: 16,21,22; 14: 22;
16: 14; 19: 25; 20: 2;
Nat han (1) l i t t l e (8)
13:2,4;17:4,6,9;
13: 16,21,22; 14: 22;
16: 14; 19: 25; 20: 2;
31:6
I K 20:3,14;27:9 25: 4; 26: 11,23 nat ur e (1)
l i v e ( l ) Mel i ssas (1) 28:11 l i v e ( l ) Mel i ssas (1) 28:11
i ce (2) keep(1) 6:7 31: 4 necessari l y (1)
12:1;17:2 26: 22 l i ves (2) Mel i ssa' s (1) 19:7
i dea (1) Kennedy (1) 6:11;7:9 30: 12 need (1)
25:8 5:16 l ocat ed (2) me mo r y (1) 26: 19
i dent i f y (1) ki ds (1) 5:14,18 3:3 needed (1)
21:4 13:7 l ong ( 2) ment i oned (3) 26:1
i mpr essi on (1) k i n d ( 7) 2:21;8:12 12:14;27:2;33:18 nei t her (1)
19:23 8:23;9:1,12;12:2; l ook (3) menu (1) 7:5
i ndi cat ed (6) 17:13;19:22;33:21 8:14;30:1;31:1 26: 7 Net wor k (1)
13:20,22;14:10; knew (4) l ooked (3) menus (1) 2:25
17:11;20:7,23 14:11;15:4,5; 10:22,22;16:20 32: 4 news (1)
i nf or mat i on (1) 28:22 l ooki ng (5) met (4) 10:19
18:8 4: 15; 8: 13; 15: 8; 7: 23; 11: 6; 13: 8; next (11)
18:8 4: 15; 8: 13; 15: 8; 7: 23; 11: 6; 13: 8; next (11)
i ni t i al l y (2) L 20: 6; 32: 4 27: 9 11:15,16;16:19;
2: 25; 13: 2 l ot ( 2) Mi chel l e (2) 20: 15; 21: 21; 22: 9; 2: 25; 13: 2 l ot ( 2) Mi chel l e (2) 20: 15; 21: 21; 22: 9;
i nk l i ng (1) l ast ( 3) 3:10;24:22 2: 24; 19:23 26: 2; 28: 3; 29: 15, 20;
26: 9 8:16;13:8;30:12 L O U G HE R Y (7) mi ght (4) 34:6
i nsi st ed (1) l at er ( 7) 2: 7; 27: 22; 28: 1; 21: 16; 33: 1,4,24 ni ght (6)
17:24 3:22;9:9;12:14,18; 31:14,16;32:23; mi n d (1) 9: 17; 15: 16; 24: 5;
i nsi st i ng (1) 15:15;28:9;32:1 34:17 26: 23 25: 9; 26: 6; 28: 2
18:1 l aughi ng (1) Love (1) Mi n d i (1) noodl es (1)
i nst ance (1) 12:2 2:24 3:7
mi nut es (6)
32:12
n o r ( l )
7:1 l aw (1)
3:7
mi nut es (6)
32:12
n o r ( l )
i nt ake (1) 15:14 M
7: 23; 11: 1; 15: 1;
17:25;27:19;32:1
7:5
not i ce (2)
14:16 l awyer (3)
7: 23; 11: 1; 15: 1;
17:25;27:19;32:1
7:5
not i ce (2)
i nt er est ( 1) 4: 16; 13:9; 14:24 maj or (1) mi ssi ng (1) 21:18,23
17:9 l awyer s (3) 3:12 28: 12 not i ced (3)
i nt er est ed ( 2) 3:11,14,15 mak i ng (1) mi st r ess (3) 11:15,20;17:19
16:15,18 l ead ( 2) 19:11 20: 7; 26: 14; 27: 2 November (1)
i nt er est i ng (1) 3:6,17 Mal i o' s (19) Mm- h mm (1) 2:11
16:21 l ear ned (3) 6:20;7:20,25;8:1,4, 11:18 number (1)
i n t e r r u p t (1) 12:14;18:21;21:13 6,11;9:11;24:5,7,8, moc k i ng (1) 31:17
14:19 l east (4) 12,21,23 ;25:23;26:7, 12:2
i nt o (5) 12: 10; 17: 12; 12;29:2,18 mo r n i n g (5) o
9: 12; 11: 4; 17: 7; 22: 19; 25: 16 many (3) 7: 8; 24: 15; 26: 2;
ttin-i M Kanabay Cour t Repor t er s - Ser vi ng t he Ta mp a Bay Ar ea (3) h e a r i n g -n u mb e r
Pi nel l as 727 821-3320; Hi l l sbor ough 813 224-9500
March 5,2013
observed (1) 9:2 5: 17; 18: 23; 32: 5; 2:25 4: 4; 5: 10, 21; 6: 6;
26:10 parking (1) 33: 9 read (1) 9: 1; 10: 7, 25; 11: 12;
Obviously (1) 24:22 potential (1) 12:19 12: 15, 2) ; 16: 18, 24;
28:19 part (2) 23:3 ready (1) 18: 5; 19: 9, 15; 20: 13;
occasionally (3) 4: 11; 34: 9 preparing ( 2) 12:5 21: 11; 22: 1, 3, 15;
6:25;7:2,3 particularly (2) 26: 1,1 realize (1) 24: 10; 25: 4; 27: 17, 20;
occurred (2) 16:15,18 presence (1) 25: 1 28: 9; 29: 8; 30: 6, 16;
6:3;11:12 party (2) 31: 19 realized (1) 32: 13,17
odd ( 2) 3:1;25:17 present (1) 30:17 rocks (1)
20:14;34:1 past (1) 19:15 realizing (1) 23: 14
off (9) 8:12 pretty ( 7) 30: 8 Rodante (1)
7:4;9:10;26:8; path (1) 8: 24; 9: 25; 19: 1; really (2) 14:12
27: 22,24; 28: 6,24; 26:19 23: 8; 24: 23; 32: 5; 26: 19; 30: 13 room (2)
31:14,15 pay(l ) 34:2 reason (1) 29: 13,16
office (13) 9:13 previous (1) 34:1 routine (1)
5:3,13,18;6:17;7:4, paying (1) 24: 11 reasons (2) 25: 24
12,17;8:1;29:3,4,7; 17:22 previously (2) 20: 4; 24: 8
30:3,18 people (5) 14:9;31:17 recall (10)
5: 25; 10: 15; 19: 10,
S
old (1) 7: 2; 14: 1; 16: 11; primarily (1)
recall (10)
5: 25; 10: 15; 19: 10,
11:4 29: 18; 30: 18 6:14 17;22:4,4;25:13,14; same (3)
one ( 27) period (1) prior (1) 28: 25; 33: 23 5: 19; 13: 10; 24: 23
4:12,21 ;5:8;9:18; 33:6 5:5 receipt (1) sat (4)
1I : 8, 10, 21; 12: 10; person (1) probably (11) 9:22 11: 15; 16: 18;
13:16,23;17:12,14, 21: 4 3: 9; 7: 22; 11: 1; receipts (1) 21: 21; 22: 9
15; 18: 1922; 19: 6; Personius (5) 15: 1,23; 20: 5; 26: 17; 18:22 sauce (2)
20: 4; 21: 18; 23: 7,9,9; 11: 23; 12: 15; 27: 18; 31: 1; 32: 3,11 receptionist (1) 32:12,15
24: 7,19; 26: 5; 32: 7,8, 14:22;17:18;21:1 problem (1) 31:3 saw (2)
9 Phil (17) 30: 17 recessed (I ) 17:11 ;21:15
ones (2) 3:6;6:5,11;7:5,7; process (1) 5:25 saying (1)
23:5,10 11:16;13:3,6,13; 28: 10 Recognize (1) 4: 20
Only (1) 15: 6; 17: 25; 21: 21; profile (1) 11:10 scenario (1)
23:18 22: 1,9; 25: 21; 27: 13; 15:24 recollection (6) 16:16
open (2) 32: 21 pronounce ( 2) 17: 2, 3, 7; 21: 1; Schnitt (3)
8:18;16:19 phone (11) 4: 16, 19 29: 19; 33: 7 2: 24; 6: 14; 10: 23
opinion (1) 13: 6; 20: 6,7; 28: 6; prove (1) record (5) screen (1)
24:1 31: 3; 33: 18,22; 34: 2, 9:22 9: 10; 27: 22,24; 33:21
opposed (1) 5,5,15 pulled (1) 31:14,15 search (1)
24:22 pick (1) 13:6 red(l ) 30: 12
ordered (3) 7:4 punitive (1) 32: 12 seat(7)
9:15;32:1;33:9 picked ( 3) 4: 14 regular (1) 8: 17, 17; ! 1:16,19;
ordering (2) 9:17;10:11;28:13 purchase (2) 18:5 16:19,22,23
11:21;26:8 pieces(1) 19:7,11 relationship (1) seats (5)
out (19) 3:12 purchased (4) 15:13 8:13,16,20,24;
6:9,10,11;11:22; place ( 3) 18: 9; 19: 7; 22: 25; remember (6) 16:20
I 2: 17,19; 13: 6; 14: 15; 5: 12; 14: 25; 24: 20 23: 4 6: 5,11; 8: 20; 16: 3; second (8)
15:7;20:6;23:8;26:5; places(1) purposes (2) 18:14,14 3: 2,7,18; 13: 17;
30: 12; 31: 5; 33: 19; 24: 19 4: 1,14 replayed (1) 14:19;23:9;27:23;
34:2,15,16,16 planned (1) put (5) 11:1 32: 9
over (6) 25:23 9: 2; 22: 7; 23: 23; represent (1) seeing (4)
8: 1,4; 13: 3,10,I 5; plans (1) 29: 13,16 3:19 18:22;20:8;28:25;
17:5 25:22 representation (1) 34:12
own (1) playing (1)
Q
5:5 seem (1)
22:25 15:7
quarters (1)
represented (1)
3:20
16:15
please (1)
quarters (1)
represented (1)
3:20
serious (1)
P 2: 8 8:22 representing (2)
3: 21; 5: 9
30:25
PM (1) quick (1)
representing (2)
3: 21; 5: 9
serves(1)
paid (1) 34: 18 34: 2 research (1) 3:3
32: 20 point (6) quickly (1) 3:10 sex(l )
palate (1) 11: 2; 12: 6; 17: 19,
21; 27: 13; 28: 9
22: 8 retrospect (2) 27: 10
23:23
11: 2; 12: 6; 17: 19,
21; 27: 13; 28: 9
R
26: 13; 34: 2 Shortly (1)
paralegal (2) position (1) R Richter (1) 28:13
15:19,25 . 3:7 3:7 shot (9)
parameters (1) positive (4) Radio (1) right (30) 18:15,16,17,21;
(4) observed - shot
March 5, 2013
23:3,7;33:4,16,17 started (3) 23:24 transportation (1) 7:6;8:1,12,15;
shots (1) 13:11,14,15 television (1) 25:12
16:21;24:6,21,22
18:9 state (2) 15:8 Trenam (5) walked (2)
showed (3) 2:8;14:16 telling (1) 13:23;21:10;30:5; 6:21;24:12
21:20;22:1,9 S TATE ME NT (1) 13:14 31:3,7 walking (8)
showing (1) 34:18 term (1) Trentalange (9) 6:5,6,9,10,11,12;
13:6 stayed (1) 19:24 13:9,10,13;14:23; 7:14;8:4
shrimp (4) 10:6 testified (4) 17:5;19:13,16;26:24; war (2)
32:8,10,14,16 Steve (1) 2:5;10:24;24:25; 27:4 13:14;17:7
sic (2) 4:9 30:4 trial (12) water (4)
4:16;30:7 sticking (1) testimony (2) 2:18;3:2,15;4:1,12, 11:2124;12:8;
side (2) 9:7 6:16;21:25 24;5:23;10:14;13:4; 17:2
3:14,16 still (2) texting (2) 15:7,24;26:6 way (4)
significance (1) 19:16,19 34:7,8 Tried (3) 8:22;12:3;25:20;
3:13 stopped (2) Theresa (2) 30:7,12;31:8 26:12
singles (2) 17:4;29;4 32:8,10 trying (4) week (2)
33:2,3 stories (2) thing's (1) 3:4;4:11;13:9;31:5 3:2,3
si t(l ) 13:14;17:7 15:7 turned (1) weren't (1)
15:25 straight (2) thinking (1) 11:22 31:12
sitting (5) 6:9,10 8:3 TV(1) What's (I )
I0:22;ll:14;22:l; street (2) third (6) 10:23 2:10
33:5;34:13 6:6;25:2 3:8;8:15,17;32:9; TVs (1) whatsoever (1)
Skypoint (3) stuff (6) 33:9,13 10:17 15:20
6:11;24:23;25:2 7:2;9:12;15:15; though (1) two (18) white (5)
small (1) 25:23;28:10;33:21 3:23 8:13,24;13:23; 12:8,10;17:15,16,
3:12 subsequently (1) thought (7) 15:1;16:22;17:12,14; 21
sober (1) 18:21 8:4;18:2;20:12; 19:19;22:14,24,25; whole (1)
31:19 sudden (1) 26:17;30:20;31:6,!8 23:6;24:19;27:1,3, 34:16
sobriety (1) 30:8 three (9) 18;33:1,7 who's (1)
24:1 suggest (1) 8:22;15:1;17:25; type (1) 13:12
soda (2) 18:25 22:14,24,25;25:1; 14:16 wife (1)
2:24
23:16,17 suppose (2) 27:19;32:5
u
wife (1)
2:24
somebody (11) 29:8;30:12 time (23) u wine (4)
12:8,10;17:12;
3:19;7:3,4;14:11; sure (8) 2:17;7:5:9:2;10:6;
wine (4)
12:8,10;17:12;
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6:25 swear (1) 27:2,9;29:12;31:22; 18:2;27:9 within (5)
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Min-t-Scrip; Kanabay Court Reporters - Serving the Tampa Bay Area
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1 (Pages 1 to 4)
Page 1
IN THE CIRCUIT COURT OF THE THIRTEENTHJUDICIAL CIRCUIT
OF TUB STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
CIVIL DIVISION
Plaintiffs, Case No.
08-05736
vs.
pivisicn J
COX RADIO. INC., and BUBBA RADIO
NETWORK, INC. , and BUBBA CLEM,
Defendants.
/
SWORN
STATEMENT: JOSHUA MOORE
TIME: 3:57 p.ro. to 4:26 p.m.
PLACE: Gunn Law Group, F.A.
400 North Ashley Drive
Suite 2050
Tampa, Florida
REPORTED Br: Deborah W. McDonald, RMR, CRR
Notary Public, State ot
Florida at Large
Pages 1 to i3
Page 3
1 J OSHUA MOORE,
2 the witness herein, being first duly sworn on oath,
3 was questioned and answered as follows:
4 QUESTIONS B Y MR. ARTHUR:
5 Q. Please state your name.
6 A. Joshua Moore.
7 Q. Okay. Mr. Moore, my name is Scott Arthur.
8 I've introduced myself prior to today's deposition.
9 And I represent Adams & Diaico, P.A., along with several
10 of its members, in litigation that was filed by Todd
11 and Michelle Schnitt against Cox Radio, Bubba Radio
12 Network, and Bubba Clem.
13 The purpose of this statement today is to get
14 some information from you about events that occurred at
15 Malio's Prime Steakhouse on the night of January 23rd,
16 2013, and any information that you may have personally
17 witnessed regarding that night, specifically as it
18 pertains to Melissa Personius and Phil Campbell.
19 So, you know, with that in mind, I you're
20 here you've come here today to talk with me
21 voluntarily, right?
22 A. That is correct.
23 Q. Okay. Has anyone - any of my clients or
24 anyone at my firm in any way coerced you into sitting
25 here with me today and answering questions?
Page 2 Page 4
1 APPEARANCES:
2 SCOTT A. ARTHUR, ESQUIRE
Gunn Law Group, P.A.
3 400 North Ashley Drive
Suite 2050
4 Tampa, Florida 33602
Attorney for Adams & Diaco, P.A.
5
6
7
8
9 INDEX
10 Description Page
11 QUESTIONS BY MR. ARTHUR 3
12 CERTIFICATE OF OATH 32
13 REPORTER'S CERTIFICATE 33
14
15
EXHIBITS
16
Exhibit Number 1 (affidavit dated 1/29/13) 17
17
Exhibit Number 2 (affidavit dated 2/1/13) 23
18
Exhibit Number 3 (affidavit dated 2117113) 24
19
20
21
22
23
24
25
1 A. Not at all.
2 Q. Where do you work, sir?
3 A. 1 work for Seven One Seven.Parking, and I'm
4 the valet at Malio's restaurant.
5 Q. How long have you been doing that?
6 A. We started December 31st, 2012.
7 Q. Great.
8 A. New Year's Eve.
9 Q. Busy day to start.
.10 A. Yeah.
11 Q. Is there any do you have a particular set
12 schedule?
13 A. For the last three to four weeks, I'm just
14 Monday through Saturday, 5:00 p.m. to close.
15 Q. Did that schedule hold the last week in
16 J anuary of 2013?
17 A. Yes. I believe I believe so. 1 was doing
18 just Tuesday through Saturday, so, I mean, it was
19 always like the end of the week. But I believe it was
20 Monday through Saturday then.
21 Q. Okay. I mean, I'll cut right to the chase.
22 Do you recall events from the evening of
23 J anuary 23rd, 2012 - excuse me - '13?
24 A. Yeah.
25 Q. Okay. Obviously, you know, now you're
R i e s d o r p h R e p o r t i n g G r o u p , I n c . ( 8 1 3 ) 2 2 2 - 8 9 6 3
2 (Pages 5 to 8)
Page 5
Page 7
1 well, are you aware of the -- well, let me strike that. 1 A. It was a Nissan either -1 believe it was an
2
Let me just get your own words, you know, 2 Altima, Altima or Maxima. But I believe it was an
3 what you can recall regarding that night as it pertains 3 Altima. It was dark, so it was like a
4 to issues relating to the Schnitt vs. Clem case. 4 bluish-si lverish.
5 A. Okay. Basically 1 remember she came in 5 Q. Okay. What's the next thing you recall in
6 roughly 7:30-ish. I didn't know who she was. but it 6 regard to anything related to Ms. Personius or anyone
7 later turned to be the I don't know her last name. 7 that she was with?
8 Q. Melissa Personius? 8 A. The next thing would be when they were
9 A. Yeah. 9 leaving later on at night, my the way the valet
10 Q. Okay. And you know that because you've since 10 podium's set up, my I'm facing the drive as cars
11 then recognized photographs of her 11 come in and the restaurant's behind me. Mr. Campbell
12 A. Yeah. 12 came up, and he was to my side, to my left, handed me a
13 Q. - in the newspaper? 13 ticket, and asked if they could leave - if a car would
14 A. Yeah. When afterwards, you know, the very 14 be okay left overnight.
15 next day, I received phone calls. And at that time I 15 I told him that a car could be left
16 still had no idea who it was, so I went home and 16 overnight.
17 actually saw a news article. And 1 think he was 17 Within probably, I'd say, you know, 30
18 probably more recognizable - he being Mr. Campbell was 18 seconds or so, a minute, the driver came up,
19 more recognizable than her, but knowing that she was 19 Ms. Persona or whatever her name was, stated that she
20 the brunette that left with him. 20 needed access to her vehicle. She sat down over kind
21 Q. Okay. So around 7:30 on the evening of the 21 of by the steps area, and they continued their
22 23rd, you recall a dark-haired woman, who you later 22 conversation over there.
23 recognized or you later knew to be Melissa Personius, 23 All I really heard from their conversation
24 arrive at Malio's? 24 was just --1 heard twice her say she needed access and
25 A. That is coirect. And only reason I mean. 25 then him say that the car would be left - is fine to
Page 6 Page 8
1 tt was dark, and 1 had aTew other ears. 5>o that would 1 oe ten overmgm. t>ui tnen l naa outer guests, ana i
2 be. you know, about 7:30, around a dinner rush. So 2 had to bring up, I'd say, probably about two other care
3 that's as accurate as I could be with the time. And I 3 while they continued their conversation.
4 probably wouldn't have remembered her, but her driver's 4 I brought up her car because, whether it was
5 side door handle was broken, so that's the only tiling going to be left overnight or taken, I'd have to move
6 that kind of stuck out. You had to kind of force it it. It was parked in a spot where I wouldn't be able
7 open because it was broken. If it wasn't for that, 1 7 to leave it overnight.
8 probably wouldn't even have remembered her coming in.
,
8
Q. Okay. So while you were observing them to
9 Q. Okay. Do you recall if she came with 9 have some conversation and before you moved other cars,
10 anybody? 10 you had moved the Personius car somewhere out of the
11 A. Not not that I'm aware of. 1 didn't see 11 way?
12 anybody in the passenger side. What we usually do is 12 A. Yeah. What I'd done is I pulled it up kind
13 we always get the lady's door first; female driver, we 13 of like right in front of the valet podium where I
14 always go to the driver's side. 1 didn't see anybody 14 could - they could either leave or 1 could rc-park it
15 in the passenger side, but 1 wouldn't be able to know 15 later on.
16 for a hundred percent if there wasn't. 16 Q. And it was out of the way of other cars
17 Q. What do you recall next? Did you give her a 17 that-
18 ticket and all that? 18 A. Yeah.
19 A. Yeah. I gave her a ticket. She went in. I 19 Q. were if they needed to leave?
20 was parking cars. 20 A. Yeah. 1 pulled it forward instead of pulling
21 And then that was about it until they left. 21 it where you would pull out.
22 Q. When did you arrive at work that night? 22 Q. When what did Mr. Campbell what do you
23 A. 5:00. 23 recall as far as the physical description of
24 Q. Do you recall the make and model of the car 24 Mr. Campbell?
25 she drove? 25 A. Older guy, gray hair. Looked like an
3 (Pages 9 to 12)
Page 9 Page 11
1 overnight-type bag. That was about it. Well-dressed. 1 Campbell, Nissan Altima, Malio's, and that's pretty
2 Q. When you say overnight-type bag, can you - 2 much how I figured it out.
3 A. Kind of like a rollaway. 3 Q. Okay. You hadn't been following the Bubba
4 Q. Okay. 4 trial at all?
5 A. Like bigger than an average briefcase. Since 5 A. Not really. I mean, I had heard of it.
6 then, I've seen all the people in the legal field have 6 Q. Right.
7 them. But that's what kind of stuck out to me. It 7 A. But it was nothing that really sparked my
8 looked like ~ almost like an overnight carry-on type 8 interest
9 bag. 9 Q. Understood.
10 Q. Okay. 10 Now, when Mr. Campbell do you know
11 A. But it was just a large briefcase with 11 approximately what time Mr. Campbell approached you
12 wheels. 12 with the valet ticket?
13 Q. Did you see him put that briefcase into her 13 A. Between 9:30 and 10:00.
14 car, or did you put that in 14 Q. Was Ms. Personius next to him when he
15 A. I didn't load it. What I saw was he loaded 15 presented you with the ticket?
16 up loaded her into the passenger side of the 16 A. No. I don't know exactly where she was. He
17 vehicle, and then I saw him wheel around, push it down. 17 came up to me, and then she came about 30 seconds to a
18 and then 1 went to get a car before he loaded it. So 1 18 minute later.
19 saw him in the back area getting ready to load it, but 19 Q. Okay.
20 I didn't see him go put it in the trunk or the 20 A. So she could have been, you know, a few feet
21 backseat. 21 behind, behind my back where I couldn't have seen. But
22 Q. Okay. 22 he approached me to my left because I was standing at
23 (Brief interruption.) 23 the podium, and then a little bit later she walked up.
24 THE WITNESS: But he was in that kind of back 24 Q. I see. Now, when he initially approached you
25 area somewhere. So she was already loaded in when 25 with the ticket, you said that he asked whether it
Page 10 Page 12
1 he wheeled around, and I was going to get a car 1 could be kept overnight?
2 before 2 A. Yes.
3 B Y MR. ARTHUR: 3 Q. Was she present when he asked you that?
4 Q. Okay. Very good. 4 A. The first time, no. No. 1 didn't hear - 1
5 And, again, as far as Mr. Campbell's 5 didn't see her anywhere. Like I said, she could have
6 concerned, you understand him to be Mr. Campbell 6 been behind me. I didn't turn my back. But as far as
7 because you've since seen photographs or depictions of 7 I could see, she wasn't there.
8 him after? 8 Q. Okay. So after you initially told him that
9 A. That's correct. At the time 1 had no clue 9 it could be you said that it could be kept
10 who either one of them was. And when 1 started 10 overnight?
11 receiving phone calls, which 1 believe was I guess 11- A. Yeah. Normal. We quite often on
12 it wasn't the next day; 1 guess it would have been 12 weekends, things like that, we'll have a car or two
13 it happened Wednesday night. 1 didn't get a phone call 13 left overnight.
14 til) Friday. 14 Q. All right. Did he ask you about the access
15 When people were asking me what 1 saw 15 to the car if it was kept overnight at Malio's?
16 Wednesday, I had absolutely no idea what they were 16 A. No, didn't really ask any of the details.
17 talking about because really nothing abnormal stuck out 17 J ust asked if it was if you could leave a car
18 in my head, nothing unusual. 18 overnight. Didn't ask, like, where we left it or
19 Q. When did you first know about any of this 19 anything like that.
20 fallout, so to speak, from die night of the 23rd? 20 Q. All right. Did he ask you when it could be
21 A. That would have been Friday around 2:00 p.m. 21 retrieved the next day?
22 because I was standing outside of my calculus class 22 A. No, not that I'm aware of. He may have, but
23 when 1 received a phone call, and he the lawyer, 23 I wouldn't I dont remember.
24 which I don't remember who it was, said Mr. Campbell. 24 Q. You don't remember explaining that to -
25 And all I went off of, I Googled Mr. I Googled 25 A. No. No.
4 (Pages 13 to 16)
Pas ie 13 Page 15
1 Q. That level of detail? 1 paid for the valet and they left.
2 A. No. To me, it was kind of more of a -- more 2 Q. Okay. Did you hear anything any
3 of a nuisance because I had other people coming up and 3 conversation between the two of them when he handed you
4 one car that 1 had to kind of deal with. 4 the valet ticket, paid, and left? Or, actually, no. I
5 Q. Right. 5 guess he would have handed you the valet ticket before.
6 The second time - wait. Did you after 6 A. Yeah, he gave me the valet ticket first.
7 you explained to Mr. Campbell that it could be left 7 Q. Right right, right. All right.
8 overnight or let me just get this straight, 8 So did he say anything to her? Did you
9 straightened out - did you overhear him explaining 9 overhear anything when he came up, paid you, and left?
10 that to Ms. Personius? 10 A. No. No. By at that time they weren't
11 A. Yes. Shortly after, she walked up, and 11 really ~ because she was still on the steps pretty
12 he's I heard him tell her that it would be fine 12 much until they left.
13 overnight That's when 1 heard her say she needed 13 Q. I see. So when he paid you, she was not
14 access to her vehicle. 14 standing next to him?
15 Q. So you overheard so did you overhear this 15 A. No.
16 before you started moving other cars? 16 Q. All right. So he pays you. Does he open the
17 A. Yes. Yeah. That was before -- before I had 17 car dooT for her?
18 anybody else out there. 18 A. Yeah. He because he loaded her up into
19 Q. Oh, okay. 19 the passenger seat.
20 A. So it was just - it was just me and pretty 20 Q. Yep.
21 much them at that point. 21 A. She got in. He shut the door. He moved
22 0- All right. All right. So you didn't feel 22 around, was doing something in his bag, and that's when
23 any particular rush to get them sorted out? 23 I left.
24 A. No. 24 Q. Okay.
25 0- All right. How far were thev from vou when 25 A. To get another car.
Page 14 Page 16
1 you overheard that conversation? 1 Q. Got it.
2 A. That conversation was they're standing 2 At any point in time did you hear the lady
3 right next to the podium. It was before she had moved 3 ask Mr. Campbell to drive?
4 over to the steps. 4 A. No. On l y-
5 Q. Okay. So he tells her it can be left 5 Q. How - go ahead.
6 overnight. She says she needs access to it. And then 6 A. Oh. Only thing 1 heard her say about her
7 any other conversation that you recall at that time 7 vehicle was just that she needed access to it, which is
8 between the two of them? 8 weird terminology. But she just needed access to it is
9 A. At that time, no. Like I she moved over 9 what she said. Because basically the whole time while
10 to the steps shortly after that, and they continued
,10
I'm watching this, I'm thinking he has his car
11 their conversation over there. And then mat was close
: ' l
somewhere. So that was the that was the tiling is
12 to the podium, but not close enough for me to really h2 what I mean, in my mind is what 1 was figuring the
13 hear what they were saying or what was being said. M3 problem was.
14 0- Okay. About how long before you heard 14 Q. Got it.
15 anything further from them? 15 How did she appear to you in terms of her
16 A. 1 brought I know I brought up I went 16 level of sobriety?
17 over and explained to them that I was going to bring 17 A. She she seemed intoxicated. She seemed to
18 up that I had to move the car. And that was kind of 18 the point where, like, I don't know I mean, she
19 when I heard them him say, you know, it's fine to be 19 wasn't stumbling horribly, but she kind of - little
20 left overnight, and then she mentioned again that she 20 loud, little little wobbly with her walk. I mean,
21 needed access. And that was really all the 21 I've seen worse, but I've she seemed like she was at
22 conversation 1 heard. 22 least under the influence somewhat.
23 1 brought up the car, had other people come 23 Q. Had you ever seen her before that you know
24 out, and then 1 was pretty much done until they were 24 of?
25 leaving. He did give me payment for the valet, so he 25 A. No, not not that I can think of.
R i e s d o r p h R e p o r t i n g G r o u p . I n c . ( 8 1 3 ) 2 2 2 - 8 9 6 3
5 (Pages 17 to 20)
Page 17 Page 19
1 Q. Had you ever seen Mr. Campbell before that 1 calls back and forth about him saying the judge
2 night? 2 canceled the subpoena, the subpoena's back on, canceled
3 A. No. 3 the subpoena, subpoena's back on. And then finally,
4 Q. That you can recall? 4 Can you come in and just sign - just sign your the
5 A. No, not that I can think of at all. 5 statement that you gave us? We have it typed up and
6 Q. But you just started work there on New 6 ready to go.
7 Year's? 7 I come in at 4:00 to sign a simple piece of
8 A. Yeah. Yeah, I'd only been there for a few 8 paper. And basically it was an hour-long process.
9 weeks at that point. 9 There were several lines that were removed from what
10 Q. Al l right, Mr. Moore. I'm just going to hand 10 they originally showed me, just some some wording
11 you a few affidavits that you've been - that you've 11 that 1 didn't quite hear, some things I didn't quite
12 signed. 12 see. It was about a 45-minute process from the time I
13 A. Okay. 13 got there until they finally had this copy.
14 MR. ARTHUR: Actually, we can mark this as 14 And then I signed and went back to work.
15 Exhibit 1. 15 Q. Okay. Do you recall what statements were
16 B Y MR. ARTHUR: 16 removed?
17 Q. Mr. Moore, i f you would just take a moment to 17 A. I don't. It was-i t was just verbiage that
18 look at Exhibit 1. There's a sticker on the right-hand 18 I didn't hear. I don't really remember what all was
19 corner of it that's Plaintiffs Exhibit 3. That's from 19 there. I think there's probably about three different
20 a motion for new trial that was filed by the 20 things, three different lines or so that we changed or
21 plaintiffs. 21 removed. But I can't remember exactly how they were
22 A. Okay. 22 worded.
23 Q. But for your statement today, we're going to 23 Q. Okay. So they presented you with an initial
24 mark it as Exhibit 1. 24 document for you to take a look at?
25 A. Okay. 25 A. Yeah.
Page 18 Page 20
1 Q. But what I want to ask you about is the 1 Q. You went -- you reviewed it. You went
2 context in which you signed this affidavit. 2 thr ough it. And what, did you just did you discuss
3 On the third page of that, of this Exhibit 1, 3 with them what was inaccurate?
4 is that your signature? 4 A. Yes.
5 A. That is my signature, yes. 5 O- All right. Did you mark it up at all or
6 Q. All right. And this was signed on the 29th 6 A. I can't remember. I remember there was a few
7
of January, 2013. Do you recal l - 7 there he had he was marking it as I kind of
8 A. That sounds about right, yeah. 8 explained it to him. And then we went back to his
9 Q. signing this at that time? 9 office, and he made changes. He basically printed up
10 A. Yeah. 10 four to five copies of these before we finally got one
11 Q. Okay. Can you explain to me the context of, 11 that was signed.
12 you know, what - did someone approach you about this? 12 Q. Do you recall who it was, the name?
13 You know, just kind of explain to me what happened. 13 A. Austrich.
14 A. Well, this was 1 believe diis was the 14 Q. J aime Austrich?
15 gentleman that called me originally on the Friday after 15 A. J aime Austrich, yeah.
16 the event. Over the weekend 1 had received a few phone 16 Q. Okay.
17 calls from him him, a private investigator 17 A. Not ostrich, but --
18 basically just trying to get what 1 saw, which I had 18 Q. Yeah. That's how it's pronounced
19 already - which I just explained to you. 19 phonetically, but not spelled.
20 Originally, I received a subpoena --1 can't 20 A. Yeah.
21 remember what day it was to show up the next day at 21 Q. Was there anyone else at Mr. Austrich's firm
22 3:00 or, no - yeah, 3:00 the next day at his 22 that you talked to regarding anything substantive about
23 office. 23 what you'd heard, what you'd seen?
24 Throughout the course of the following day, I 24 A. His assistant and then I guess notary was
25 received anywhere between like three and five phone 25 present off and on
6 ( P a g e s 2 1 t o 2 4 )
Page 2)
-
Page 23
1 Q. Okay. I A. Roughly about 45 minutes. Because I know at
2 A. - throughout our conversation. 2 that point I was starting to look at my watch to see if
3 Q. Did anyone else question you? 3 I was going to make it back to work on time.
4 A. No. 4 Q. Speaking of which, how are we doing?
5
0- All right. Did anyone else question you from 5 A. Oh. we're fine.
6 his firm before you went to sign the affidavit? 6 MR. ARTHUR: All right. Mark this as 2.
7 A. A private investigator 7 B Y MR. ARTHUR:
8 Q. All right. 8 Q. Mr. Moore, if you would look at Exhibit 2.
9 A. -from-- 9 Have you seen this affidavit before?
10 Q. Do you remember - 10 A. Yes. This is yeah.
11 A. 1 don't remember his name. 11 Q. And is that your signature?
12 Q. the investigator's name? 12 A. That is correct.
13 A. No,l don't. 13 Q. All right. Can you explain to me the
14 Q. And he approached you on Friday, you said, 14 circumstances surrounding your signing of this
15 initially? 15 affidavit, Exhibit 2?
16 A. Yeah. He was the - he was the first 16 A. This one I this is based off the
17 gendeman that called me. 17 conversation I had with Stephen Diaco. Basically 1 was
18 Q. The 25th of January? 18 at work, and Derek, the owner of Malio's, brought a
19 A. Yeah. 19 cell phone out and it was Stephen Diaco on the phone.
20 O- Okay. All right. So do you know how many 20 1 briefly talked to him.
21 different versions of this affidavit did you review 21 I'd say over the next day or so, I kind of
22 before you signed what's been marked as Exhibit 1? 22 told him my story. He asked if I'd be able to sign
23 A. It would have been about four to five total 23 this. Met people at work that came in, stamped, signed
24 different. Some of these were changed, and then I 24 in front of them, all that stuff.
25 mean, some of the verbiage and what I saw changed, and 25 O- Okay. Were there any previous versions of
Page 22 Page 24
1 then they had a few issues with the end part that they 1 Exhibit 2?
2 had to I guess this part had to be changed. It was 2 A. No. And I didn't have to change this one.
3 up here and something like this said, she 3 Q. Okay. Obviously this is a lot shorter and
4 witnessed or something like that. I mean, little 4 less detail than Exhibit 1, right?
5 things that they had to update a couple times. So
5
A. Yeah.
6 probably about two to tliree of just the substance part 6 Q. So how long did you -- so you look the
7 was changed, and then the other parts were just 1 guess 7 opportunity, you read through it?
8 the end portion and things like that. 8 A. Yeah. Yeah.
9 Q. When you say two or three things were 9 O- Okay. Is everything contained in Exhibit 2
10 changed, were you presented with two to three different 10 accurate
11 affidavits to look at before there was a final 11 A. Yeah.
12 affidavit? 12 0- as you sit here today?
13 A. Yeah. 1 got the first one. We looked at it. 13 A. Yep.
14 1 kind of told him what I didn't really see, what 1 14 Q. Lastly, we'll have Exhibit 3.
15 didn't hear. He printed up a copy; 1 looked at it. 15 A. Okay.
16 Then there was a couple more things that just still 16 Q. Please take a moment to look at that.
17 weren't quite right. So it took about three different 17 A. Okay.
18 copies before this one came out. 18 Q. Is that your signature on page 2 of Exhibit
19 Q. Okay. 19 3?
20 A. And then, like 1 said, the other the other 20 A. That is correct.
21 couple were just minor verbiage on the back and I guess 21 Q. And can you tell me the circumstances
22 like the legal side of it. 22 surrounding what's been marked as Exhibit 3?
23 Q. And about how long of a period of time had 23 A. Yeah. I received a call from Stephen
24 you been in the offices altogether before the Exhibit 1 24 Diaco date-wise I don't remember asking me about
25 was signed, before you signed it? 25 another affidavit the original affidavit that I
7 (Pages 25 to 28)
Page 25 Page 27
1 signed with Jaime Austrich. Was asking me about that a 1 Malio's overnight?
2 little bit, reviewing kind of what I had signed for 2 A. I heard they both pretty much said it
3 them and what 1 had signed for him. And he was just 3 twice, at the beginning and then while they were
4 basically asking me some questions that appeared to be 4 discussing the middle.
5 kind of contradicting each other. 5 Q. Okay. And then paragraph 17 of Exhibit 1
6 When we read over the first the very first 6 says, Eventually, she prevailed upon him to take the
7 affidavit, there were a couple lines in there that 7 vehicle.
8 implied more than what I saw or heard, which would have 8 Again, you've since then understood that
9 been what was highlighted in I guess paragraphs 6 and 7 9 prevailed upon means to insist that someone do
10 of the newest affidavit. 10 something, and it's your understanding that she
11 The first inaccuracy is in paragraph 12. I 11 never -- or you never heard him never heard her in
12 did not witness the female insisting that they move the 12 any way insist that he take the vehicle?
13 vehicle; she was just repeating that she needed access 13 A. No, I never heard her ask for him to drive,
14 to the vehicle, which that's all I heard. So I can't 14 take the vehicle. Like I said, only thing I heard her
15 really say she asked for to move the vehicle or 15 say is she needed access.
16 anything like that. All 1 heard her say was she needed 16 Q. The rest of that paragraph, He opened the
17 access to it. 17 front passenger side door for her and she sat inside
18 Q. And you heard her say that twice? 18 the vehicle, was that accurate?
19 A. Yeah. 19 A. Yes, it is.
20 And then the other one is the prevail upon 20 Q. Okay. And after closing her door, he put a
21 means to insist someone to do something. There is line 21 black case either in the backseat or in the trunk.
22 12 -- or 17 of the first one that said eventually she 22 Again, you saw him with the black case, but
23 prevailed upon him. I never heard her ask him to do 23 you turned your attention away before you actually saw
24 anything. 24 him put it in the car, right?
25 0- Okay. 25 A. Correct. I saw him collapsing it down, and
Page 26 Page 28
1 A. So he had me sign this saying that 1 did not 1 that was about it.
2 understand what prevail upon meant. 2 Q. Okay.
3 Q. Okay. And to be clear, you didn't - you 3 A. And it wasn't there when they left, so --
4 didn't write you didn't personally draft any of 4 0- Your natural assumption was that he put it in
5 these affidavits? 5 the car.
6 A. No. 6 A. Yes. But I did not witness it.
7 Q. Okay. 7 Q. Okay. Perfect.
8 A. No, not at all. 8 When was the last time that you've talked to
9 Q. Okay. And going back to the first affidavit, 9 anybody, Mr. Austrich or anyone that you understand to
10 the okay. So paragraph 12 in the first affidavit 10 be someone at their firm?
11 says, They continued their conversation during which .11 A. I haven't spoke to anyone from tbem since 1
12 she insisted they move the vehicle and he repeatedly 12 signed die original affidavit.
13 assured her it would be fine to leave the vehicle at 13 Q. Okay.
14 Malio's overnight. 14 A. I may have - I've received a couple phone
15 Again, you just stated that you heard her say 15 calls from, like, private investigators and things like
16 twice diat she needed access to the car and never 16 that. Shortly after kind of all this, I started
17 insisted that he move it, right? 17 ignoring most phone calls. So if they've tried to call
18 A. Thaf s correct. 18 me, no one really he hasn't specifically left a
19 Q. Okay. 19 message saying he was calling me. But I have received
20 A. That's all I heard her talk about the 20 a few phone calls in the few weeks from, like, private
21 vehicle. 21 investigators wanting me to call them back and things
22 Q. Okay. And when it says there that he 22 like that.
23 repeatedly assured her it would be fine to leave it at 23 Q. How many conversations did you have with
24 Malio's overnight, how many how many times did you 24 private investigators?
25 hear him tell her that it would be fine to leave it at 25 A. I only had one conversation, and that was the
8 (Pages 29 to 32)
Page 29 Page 31
1 Saturday after it happened. 1 others.
2 Q. You mentioned you talked to somebody that 2 MR. ARTHUR: I appreciate that.
3 Friday? 3 Al l right. Thanks very much. Those are all
4 A. Yeah. 4 the questions I have for you;
5 Q. Who did you talk to that Friday? 5 THE WI TNES S : Okay.
6 A. I believe it was - I'm not - 1 don't 6 (Sworn statement concluded at 4:28 p.m.)
7 remember the name, but I believe it was Jaime Austrich. 7 (Exhibits Numbers 1 through 3 marked for
8 Q. How long did you talk to the private 8 identification.)
9 investigator on Saturday? 9
10 A. For about five, ten minutes. 10
11 Q. Was that over the phone? In person? 11
12 A. Over the phone. Because originally he wanted 12
13 me to come straight to the courthouse. But I was in 13
14 I go to school in St. Petersburg College, and I was 14
15 actually standing outside my class. 15
16 Q. And when did you come he wanted you to 16
17 come to the courthouse on a Saturday? 17
18 A. Friday. Saturday I talked to the private 18
19 investigator. Friday I spoke to him. 19
20 Q. All right. All right. My apologies. 1 got 20
21 a little confused there. 21
22 Okay. So when you originally spoke to Jaime 22
23 on Friday, the 25th, he wanted you to come to the 23
24 courthouse to testify? 24
25 A. Come to court I'd assume, but just come to 25
Page 30 Page 32
1 the courthouse is what he said.
1 CERTIFICATE OF OATH
2 Q. Okay.
2
3 A. At that point I didn't know I still didn't
3 STATE OF FLORIDA
4 know what was going on. I didn't know if there was
4 COUNTY OF HILLSBOROUGH
5 like a DUI accident. 1 didn't know if I was involved
5
6 in something that I didn't know about.
6 1, the undersigned authority, certify that
7 O- Got it.
7 JOSHUA MOORE personally appeared before inc and was duly
8 And on Saturday when the private investigator
8 sworn.
9 talked to you, he was just asking you questions about
10 what happened and what you saw?
10 WITNESS my band and official seal this 26th
11 A. Yeah. 1 i day of February, 2013.
12 0- Anything else that you observed that we
12
13 haven't talked about?
13
14 A. No, not really. I mean, that was about it.
14
15 There wasn't a whole lot that I overheard or saw. Just
15 Deborah W. McDonald, RMR, CRR
16 them leaving.
16 Notary Public - State of Florida
17 Q. All right, Mr. Moore. Well, again, I
17 My Commission Expires: 2/13/14
18 appreciate very much your extending the courtesy of
18 Commission No. DD 932714
19 providing your time today. I know you've been hassled 19
20 a lot about this. 20
21 But. again, our offices are right upstairs
21
22 from where you work, right?
22
23 A. Yeah. Yeah.
23
24 Q. Okay. S o -
24
25 A. You guys haven't been bad at all, compared to
25
9 ( P a g e 3 3 )
Page 33
1 REPORTER'S CERTIFICATE
2
3 STATE OF FLORIDA
4 COUNTY OF HILLSBOROUGH
5
6 1, Deborah W. McDonald, Registered Merit
Reporter, Certified Realtime Reporter, certify that I
7 was authorized to and did stenographically report the
sworn statement of J OSHUA MOORE and that the transcript
8 is a true and complete record of my stenographic notes.
9 I further certify that 1 am not a relative,
employee, attorney, or counsel of any of the parties,
10 nor am 1 a relative or employee of any of the parties'
attorney or counsel connected with the action, nor am 1
11 financially interested in the action.
12
13
Dated this 26th day of February, 2013.
14
15
16
Deborah w". McDonald, RMR, CRR
17
18
19
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pulled 8:12,20 33:1 shut 15:21 subpoena's 19:2,3 Tuesday 4:18
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questions 2:11 3:4,25 15:7,7,7,7,16 17:10 sir 4:2 talk 3:20 26:20 29:5,8 28:9
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walked 11:23 13:11
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2013 1:13 3:164:16
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Riesdorph Reporting Group. Inc. (813) 222-8963
OF THE STATE OF FL ORIDA, IN AND FORHIL L SBOROUGH COUNTY
CIVIL ACTION
TODD SCHNITT and
MICHEL L E SCHNITT,
Plaintiffs,
v. CASE NO.: 08-05738
NETWORIC, INC., and BUBBA CL EM,
Defendants.
/
AFFIDAVIT OF JOSHUA L EE MOORE
State of Florida )
)
1. My name is Joshua Lee Moore. This affidavit is based on my personal
knowledge. I am giving this affidavit of my own free will and accord.
2. I am a Valet Driver for 717 Parking and am assigned to Malios Prime Steakhouse
in downtown Tampa, 400 N Ashley Drive, Tampa, FL 33602.
3. I have been employed as the valet at Malios since December 31, 2012. My work
schedule is Monday through Saturday, 5pm to 11pm.
4. On January 23,2013,1 worked a shift at Malios from 5pm to 11pm.
5. After dark that evening, at approximately 7pm, a dark haired woman,
approximately 5 foot tall and 30 years old, pulled up in a grey Nissan Altima. I handed her a
valet ticket and parked her vehicle. I remember parking the vehicle because the door handle was
broken. I had never met or seen her before.
6. At approximately 10 pm later i n the evening, an older gentleman, whom I had
never met or seen before, approached my podium with a valet ticket for the Altima and asked me
i f the vehicle could be left overnight.
7. Itoldhim&atmeveMcIecpuldbeleftmMaJ^
8. Then the dark haired woman came out and the gentleman told her that it was fins
to leave the vehicle at Malios overnight.
9. She responded by saying that she cannot leave the vehicle overnight "because she
needed to have access to i t later.
10. As these two individuals continued their discussion I decided to.move the vehicle
up front Whether they were taking the vehicie .br. leaving it overnight, I would have had to move
it.
11. I left the keys in the ignition and the engine iuraiing.
12. They continued their conversation during which she insisted they move the
vehicle and he repeatedly assured her it would be fine to leave the vehicle at Malios overnight.
13. In the intetim, other customers came up and I retrieved their vehicles.
14. At some point during their conversation, he said that she was not able to drive.
15. She appeared to be intoxicated.
16. He did not appear intoxicated.
17. Eventually, she prevailed upon him to take the vehicle. He opened the front
passenger side door for her and she sat inside the vehicle. After closing her door, he put a black
case either in the back seat or in the trunk.
18. He then got into the driver's seat and drove away.
2
19. Had I suspected that he had too much to drink, I would not have permitted him to
get behind the wheel
FURTHERAFFIANT SAYETH NOT.
State of Florida )
)
The foregoing mstrument was acknowledged, before me this ~ I day January, 2013, by
Jpshua. Lee Moore, who is personally known to me or who produced FLORIDA DRIVER'S
LICENSE as identification, who did take an oath, and who swears that the
foregoing statement is true to the best of his knowledge.
*W*?% MaiSSAKULCZVCKE
?A'*k remission # EE 162234
Expires Februaiy 5,2016
?OTAItY PUBLIC
Name: fflEXX I CU L p L ^ C \d
My Commission Expires: f ( j
[notary seal]
3
STATE OF FL ORIDA
COUNTY OF HIL L SBOROUGH
Before me, the undersigned authority, personally appeared Josh Moore, who upon being
duly sworn, deposes and says:
1.
2.
3.
4.
5.
6.
7.
My name is Josh Moore. I am over the age of 18 and I have personal first-hand
On the evening of Wednesday, January 23, 2013,1 worked the valet stand for Malio's
Restaurant.
I recall parking a Nissan Altima on the above date.
A few hours later, I remember a male and female come out to retrieve the car.
The male subject, whom I later learned was Phil Campbell, handed me the valet stub.
I then brought the Nissan Altima up to the valet stand.
A few minutes later I observed the male subject escort the female to the passenger side
door and then proceed to get in to the vehicle and drive away.
Swom to and subscribed before me by Josh Moore, who is personally known to me or who has
produced Ft identification on this P ' day of February, 2013.
T^TARY^/UBQC(Signallre)"
Print Name ' '
IN THE CI RCUI T COURT OF THE THI RTEENTHJ UDI CI AL CI RCUI T
IN AND FOR HI LLSB OROUGH COUNTY, FLORI DA
CI VI L DIVISION
TODD SCHNITT and MI CHE L L E SCHNITT,
Plaintiffs,
vs. CASE NO.: 08-05738
DIVISION: J
NETWORK, INC., BUBBA CL E M,
Defendants.
I
AFFI DAVI T OF J OSHUA L E E MOORE
STATE OF FL ORIDA
COUNTY OF HIL L SBOROUGH
BEFORE ME, the undersigned authority, personally appeared, J OSHUA L E E MOORE,
who after being duly sworn, deposes and says as follows:
1. My name is Joshua Lee Moore, I am over 18 years of age, and I currently reside in
Hillsborough County, Florida.
2. I have personal knowledge of the facts and circumstances discussed herein.
3. On January 29, 2013, I was asked to sign an affidavit that I did not personally
prepare.
4. I signed that affidavit and it was notarized by Melissa Kuiczycke.
5. Since that time, I have had the opportunity to review that affidavit and have
discovered that there are inaccuracies and items that need clarification in the
January 29, 2013 affidavit.
EXHIBIT
3
6. The first inaccuracy is in paragraph 12. I did not witness the female insisting that
they move the vehicle; she was just repeating that she needed to have access to the
vehicle.
7. The second inaccuracy is in paragraph 17.1 have come to learn that "prevail upon"
means to insist someone to do something. At no point in time did I witness the
female prevail upon the male to take the vehicle.
Sworn to and subscribed before me by Joshua Lee Moore, who is personally known to me
or who has produced Florida Driver's License # as identification on this 12
lh
day of February, 2013.
FURTHERAFFIANT SAYETH NOT.
Notary Public
Print Name
PI N ELLAS COUNTY, STATE OP FLORI DA
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I N RE:
STATEMENT OF:
DATE/TI ME:
PLACE:
REPORTED BY:
APPEARAN CES:
ALSO PRESEN T:
JOSHUA MOORE
March 7, 2013; 10:00 a.m.
P i n e l l a s Co u nty J u s t i c e C e nte r
14250 49 th S t r e e t N o rth
C l e arw ate r, F l o r i d a 33762
R o b e rt W i l l i a m Wagner
S t a t e o f F l o r i d a a t l arg e ,
BRUCE BARTLETT, E s q u i r e
WI LLI AM LOUGHERY, E s q u i r e
BEVERLY ANDRINGA, E s q u i r e
A s s i s t a n t S t a t e Atto rne ys
14250 49 th S t r e e t N o rth
C l e arw ate r, F l o r i d a 33762
Atto rne y f o r the S t a t e
GARY HART, j
P i n e l l a s Co u nty S h e r i f f ' s Of f i c e
ORIGINAL
KANABAY COURT REPORTERS
TAMPA AI RPORT MARRIOTT HOTEL ( 813) 224-9500
ST. PETERSBURG - CLEARWATER ( 727) 821-3320
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JOSHUA MOORE,
the w i t n e s s h e r e i n , b e i ng f i r s t d u l y sw orn, w as exami ned
and t e s t i f i e d as f o l l o w s :
DI RECT EXAMINATION
BY MR. LOUGHERY:
Q. Ok ay. S i r , can yo u pl e a s e s t a t e yo u r name?
A. J o s hu a Moore.
Q. How o l d are yo u , Mr. Moore?
A. 31.
Q. A l l r i g h t . Do yo u l i v e i n P i n e l l a s Co u nty?
A. Ye s .
Q. And you are empl o yed a t Mal i o 's as a v a l e t ; i s
t h a t r i g h t ?
A. 717 Park i ng t h a t d o es the Mal i o 's , y e s .
Q. Ok ay. And how l o ng hav e yo u b een employed a t 717?
A. S i x y e a r s .
Q. Ok ay. I t ' s my u nd e rs tand i ng --w e t a l k e d a l i t t l e
b i t b e fo re we g o t on the r e c o r d he re t h a t -- when d i d yo u
s t a r t w o rk i ng at Mal i o 's ?
A. New Ye ar's Ev e, December 31s t.
Q. Ok ay. Of 2012?
A. 2012, y e s .
Q. Ok ay. And s o b ack on J anu ary 23rd o f 2013, yo u
w o u l d hav e w o rk ed the re f o r 24 d ays g i v e --
A. Ye s -- w e l l , i f --
r
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Q. I f yo u w o rk ed the re e v e ry d ay?
A. Ye s .
Q. Ok ay. And do yo u remember t h a t ni g ht, J anu ary
23rd ? I t w as a Wed nesd ay ni g ht?
A. Ye s .
Q. Are yo u the o nl y v a l e t on a Wed nesd ay n i g h t ? Or
on t h a t ni g ht w o u l d yo u hav e b een the o nl y v a l e t ?
A. Ye s . Ye s , F r i d a y and Satu rd ays are the o nl y d ays
we hav e more than one.
Q. And i t ' s my u nd e rs tand i ng that yo u d o n't hav e to
v a l e t park a t Mal i o 's , the re 's a park i ng g arag e; i s t h a t
r i g h t ?
A. That's c o r r e c t .
Q. And the -- i f yo u do v a l e t , i t ' s a $4 charg e ?
A. Ye s .
Q. And to do t h a t -- that i s an amount t h a t i s pa i d
when yo u pi c k yo u r c a r up? E s s e n t i a l l y to g e t yo u r k e ys
b ack ?
A. Ye s .
Q. I s that r i g h t ? A l l r i g h t .
Ok ay. Do yo u remember on the 23rd a g ray N i s s a n
d r i v e n b y a woman v a l e t park i ng at Mal i o 's ?
A. Ye s .
Q. And I know t h a t s i n c e t h i s ti me -- o r s i n c e t h a t
ti me, t h e r e 's b een some thi ng s i n the med i a, and yo u 'v e
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pro b ab l y s een a pi c t u r e o f t h i s woman and the name Me l i s s a
Pe rs o ni u s ?
A. Ye s .
Q. I s t h a t who the woman w as ? That's who w e're
t a l k i n g ab o u t?
A. Ye s . Ye s , that',s who i t w as.
Q. Ok ay. And how i s i t t h a t s p e c i f i c a l l y yo u can
remember he r b r i n g i n g b ack -- o r v a l e t pa r k i n g he r c a r t h a t
ev eni ng ?
A. She came i n when i t w as d ark . I t w as f a i r l y b u s y.
Bu t he r d r i v e r s i d e d o o r hand l e w as b ro k en.
Q. Ok ay.
A. So t h a t i t w as you co u l d s t i l l open i t , b u t i t w as
l i k e the hand l e i t s e l f w as b ro k en o f f .
( D i s c u s s i o n o f f the re co rd .)
BY MR. LOUGHERY:
Q. And do yo u r e c a l l how s he w as d r e s s e d o ffhand , o r
do yo u remember any d e t a i l s ab o u t he r?
A. No, no t r e a l l y . I mean, I -- I t h i n k i t w as l i k e
a d ark -- b u t, I mean, I thi nk i t w as s l a c k s . Bu t I -- no t
r e a l l y .
Q. Ok ay.
A. N o thi ng one way o r ano the r t h a t w o u l d r e a l l y j ump
o u t.
Q. A l l r i g h t . That's f i n e . You remember he r more s o
f
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from the c a r s he had ?
A. Ye s , ye s .
Q. That w o u l d make s e ns e . A l l r i g h t .
So s he v a l e t park e d .
And do yo u r e c a l l ab o u t w hat ti me t h a t w as ?
A. I w o u l d s ay ro u g hl y 7:30. Becau s e i t w as r i g h t
aro u nd the l a t e r d i nne r ru s h.
Q. Do -- when yo u v a l e t park ed , are the y ti me stamped
i n any fas hi o n?
A. No.
Q. Ok ay. So --
A. Becau s e we d o n't charg e an ho u rl y r a t e o r anythi ng
l i k e t h a t .
Q. Exac t l y . Ok ay.
So i t w o u l d be pu r e l y by memory and yo u r memory i s
ab o u t aro u nd 7:30?
A. Ye s , i t w as d ark and we s t i l l had c a r s co mi ng i n .
Q. Ok ay. And by s ayi ng s t i l l hav i ng c a r s co mi ng i n ,
i s t h a t b ecau s e t h e r e 's g e n e r a l l y a ti meframe yo u 're b u s y --
A. 7:00 to 7:30 w as k i nd o f l i k e the l a t e r d i nne r
ru s h.
Q. Ok ay.
A. A f t e r ab o u t 7:30, i t pr e t t y much d i e s down.
Q. Ok ay. A l l r i g h t . So no thi ng b e s i d e s -- no thi ng
memorable ab o u t t h a t o c c a s i o n e xce pt f o r i t w as a s i n g l e
T
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woman and t h a t c a r had a b ad c a r d o o r. T h a t
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s why yo u k i nd
o f remember t h a t ?
A. Ye s .
Q. And d i d yo u s e e he r l a t e r t h a t ev eni ng ?
A. When s he l e f t .
Q. Ok ay. Now, b e fo re t h a t happened , the -- w ere you
as k e d o r appro ached b y anybod y w i t h t h a t v a l e t t i c k e t to g e t
t h a t v e h i c l e ?
A. Ye s . A g entl eman came o u t f i r s t and hand ed me the
t i c k e t and as k e d i f the c a r co u l d be l e f t o v e rni g ht.
Q. A l l r i g h t . Now, t h i s i n d i v i d u a l you now know i s
P h i l Campb el l ; i s t h a t r i g h t ?
A. That i s c o r r e c t .
Q. And t h a t w o u l d be from s e e i ng med i a r e po r t s , TV,
pi c t u r e s , thi ng s o f t h a t natu re ?
A. Ye s . Ye s , a t the ti me I d i d n't know, b u t now I'm
aw are o f who he i s .
Q. And t h a t 's my q u e s ti o n. Di d yo u re co g ni ze hi m
t h a t ni g ht as b e i ng anyb o d y t h a t w as a r e g u l a r o r yo u k new?
A. No, no t a t a l l .
Q. Ok ay.
Ok ay. So t h a t e v e ni ng he appro aches yo u . I thi nk
we t a l k e d ab o u t t h i s . You k i nd o f hav e yo u r b ack to the
d o o r. He hand s yo u the v a l e t t i c k e t . Then yo u b e g i n to
hav e a d i s c u s s i o n ab o u t l e a v i n g the -- w hat d oes he s ay to
Kanabay Court Report ers - Servi ng the Tampa Bay Area
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yo u a t t h a t po i nt?
A. We l l , he came up, hand ed me the t i c k e t , and as k e d
i f the -- i f i t ' s o k ay to l e a v e the c a r o v e rni g ht.
Q. Ok ay. And e x pl a i n to u s w hat yo u w o u l d hav e s a i d
to hi m ab o u t d o i ng t h a t .
A. I t o l d hi m i t w o u l d be f i n e . The c a r co u l d be
l e f t o v e rni g ht. He w o u l d j u s t hav e to tak e the k e ys , and he
co u l d pi c k i t up anyti me tomorrow .
Q. A l l r i g h t . And w hat's the pro ce d u re t h a t yo u a l l
go b y when you l e av e a c a r o v e rni g ht? Me chani cal l y, w hat d o
yo u d o?
A. We l o o k a t the l o c a t i o n . We -- and we --
b a s i c a l l y we hav e a b ack -- k i nd o f l i k e a b ack row t h a t 's
o u t o f the way, and i t ' s more yo u r b a s i c , s tand ard pa r k i n g
s po ts t h a t w e 'l l pu t the c a r i n s o i t ' s e as y to g e t i n and
o u t o f.
We move i t the re and then we g i v e them the k e ys ,
g e t the payment. And t h a t 's ab o u t i t .
Q. Ok ay. So i f I w anted to l e av e my c a r the re a t
n i g h t , yo u 'd hav e to move the c a r from w here i t w as and pu t
i t i n t o t h i s more t y p i c a l park i ng s po t?
A. Most l i k e l y , y e s .
Q. A l l r i g h t . And i t ' s no t s e cu re ?
A. No, i t ' s no t l i k e i n a s e cu re d b u i l d i n g o r
anythi ng l i k e t h a t . I t ' s up i n the open.
1 Q. And to the ne xt -- so I w o u l d hav e to pay yo u my
2 $4 and a t i p o r s o methi ng , w hatev er, t h a t n i g h t . You'd g i v e
3 | me the k eys a f t e r yo u mov ed the c a r to a l i t t l e b i t
4 1 d i f f e r e n t pa r k i n g s po t.
5 ' So the ne xt d ay when I came, I co u l d j u s t go r i g h t
6 ! to that c a r , g e t i n my c a r and d r i v e o f f ?
7 A. That'3 c o r r e c t .
8 | Q. So I w o u l d n't hav e to check i n w i t h anyb o d y o r do
9 anythi ng ?
10 A. No.
111 Q. Ok ay. And d i d yo u e x pl a i n t h a t pro ce d u re to
12 Mr. Campb el l ?
13; A. Somew hat. I mean, I d o n't know how s p e c i f i c I
141 d i d , b u t, y e s .
15 j Q. My po i n t I g u es s i s t h i s , i s t h a t w as i t c l e a r
16 t h a t the re w o u l d be no need f o r f u t u r e payment o r g o i ng
17 \ thro u g h any k i n d o f r e d tape to g e t yo u r c a r ? A l l yo u 'v e
18 i g o t to do i s show up --
19 A. Oh, y e s .
20 Q. -- the ne xt d ay and g et i t ?
21j A. Ye s .
22; Q. Ok ay. So w h i l e yo u 're hav i ng t h a t d i s c u s s i o n w i t h
i
23 him, d oes somebod y e l s e j o i n t h i s -- yo u a l l ?
24 A. Ye s . S h o r t l y a f t e r I had -- s h o r t l y a f t e r he
25 b ro u g ht up the t i c k e t , I 'd s ay w i t h i n , yo u know, maybe a
mi nu te o r s o , the l a d y -- the ow ner o f the v e h i c l e came up.
He e x pl a i n e d to he r t h a t the c a r 's f i n e o v e rni g ht, and then
s he s a i d t h a t s he need ed a c c e s s to the c a r .
Q. And t h a t -- yo u -- yo u o v e rhe ard t h a t y o u r s e l f
fro m he r mouth?
A. Ye s .
Q. And I t h i n k we t a l k e d b e fo re . You remembered t h a t
b e cau s e s he s a i d the w o rd "a c c e s s ", w hi ch w as k i n d o f
u nu s u al f o r --
A. Ye s . Ye s , I mean, e s p e c i a l l y s he seemed a l i t t l e
i n t o x i c a t e d . Peo pl e s ay, oh, I need my c a r , I d o n't w ant to
l e a v e my c a r ; b u t ne e d i ng a c c e s s i s j u s t s o methi ng t h a t j u s t
k i n d o f s t u c k o u t.
Q. Ok ay. And s pe ak i ng o f the i n t o x i c a t i o n , yo u s a i d
s he appeared to be s l i g h t l y i n t o x i c a t e d ?
A. She d i d .
Q. Ok ay. What ab o u t Mr. Campb el l ? C o u l d yo u t e l l ?
A. He -- he d i d n 't appear to b e. I mean, he seemed
v e r y c a s u a l and v e r y no rmal . I d i d n't s e e hi m s l u r h i s
s pe e ch o r -- yo u know...
Q. And l e t me as k yo u , yo u s a i d yo u v a l e t park e d f o r
t h i s company f o r ab o u t s i x y e a r s ; i s t h a t r i g h t ?
A. Ye s .
Q. P r i m a r i l y a r e yo u pa r k i n g r e s t a u r a n t b a r s o r --
A. We l l , a t Mal i o 's R e s tau rant. Bu t r e s t a u r a n t s and
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b a r s . So i t ' s a mi x tu re o f b o th t h a t I 'v e d one.
Q. I g u es s my q u e s ti o n i s yo u 'v e g o t a l o t o f
e x pe ri e nce o f s e e i ng i n t o x i c a t e d pe o pl e --
A. Ye s .
Q. -- t r y i n g to g e t t h e i r c a r s o r g e t i n t h e i r c a r s
and t h a t k i n d o f s t u f f ; r i g h t ?
A. Oh, ye s , y e s .
Q. Do yo u hav e any -- any b u i l t - i n pro ce d u re s yo u
hav e a t yo u r company w here i f a guy o r g i r l appears to be
i n t o x i c a t e d , yo u d o n't w ant to g i v e them the k eys to t h e i r
c a r ?
A. Oh, y e s . Ye s .
Q. And how d o es t h a t w ork ? What d o yo u d o?
A. What we s t a r t o f f w i th i s i n s t e a d o f b r i n g i n g up
the c a r , j u s t o f f e r why d o n't we go ahead and c a l l yo u a
cab . You can tak e the k e ys and yo u can pi c k up the c a r
tomorrow .
Q. Ok ay. So yo u 're pr o a c t i v e ab o u t no t l e t t i n g --
A. Ye s .
Q. -- d ru nk s i n the re ?
A. I mean, i t ' s hard to t e l l , yo u know, l e g a l l i m i t .
So i t ' s --
Q. Su re .
A. -- yo u 'v e g o t to be r e a l -- yo u hav e to .b e pr e t t y
d ru nk to b e n o t i c e a b l e from the ti me yo u w al k up, hand me
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the t i c k e t --
Q. R i g ht.
A. -- to ab l e to t e l l that, w e l l , yo u 're to o d ru nk to
d r i v e .
Q. R i g ht.
A. Becau s e we d o n't hav e, yo u know, l e ng thy
c o n v e r s a t i o n s o r anythi ng l i k e t h a t .
Q. R i g ht. And yo u d i d n't - - a s f a r as Mr. Campb el l
i s co ncerned , yo u w eren't co ncerned ab o u t t h a t , ab o u t hi m
d r i v i n g ?
A. No. No, he d i d n't g i v e me anythi ng t o . . .
Q. A l l r i g h t . Ok ay. So w h i l e the y're hav i ng t h a t
co nv e rs ati o n, w hat -- are yo u d o i ng s o methi ng i n r e f e r e n c e
to g e t t i n g the c a r ?
A. At -- i mme d i ate l y, no. They -- they came u p.
Had -- they menti o ned , yo u know, l e a v i n g i t o v e rni g ht,
ne e d i ng a c c e s s . And the way i t ' s s e t up i s I hav e a v a l e t
pod ium; and the n maybe l i k e f i v e f e e t aw ay o r s o , t h e r e 's
s t e ps . She s a t down on the s te ps , and the n he w ent o v e r and
the y s t a r t e d d i s c u s s i n g i t amongst the ms e l v e s .
Q. Ok ay. Now, d i d yo u go move the c a r though w h i l e
the y w ere --
A. A f t e r aw hi l e , ye s , I b ro u g ht i t up -- a f t e r maybe
a co u pl e mi nu tes o r s o , I d i d b r i n g up t h e i r c a r and j u s t
k i nd o f p u l l i t up i n t o a s po t w here i t w as o u t o f the w ay.
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Q. Uh-huh.
A. Where the y co u l d e a s i l y j u s t b ack up and l e av e o r I
I
I can b ack up and park i n t o ano the r s po t. j
Q. I f the y cho s e to l e av e --
A. Ye s .
Q. - - o r yo u co u l d pu t i n t h a t -- t h a t pa r k i n g are a
w here the y can g e t i t the ne xt d ay?
A. That's c o r r e c t .
Q. A l l r i g h t . So yo u 're s t i l l k i nd o f w a i t i n g f o r
them to make t h a t d e c i s i o n and t h a t 's why yo u l e f t the c a r
w here yo u d i d a t t h a t po i nt?
A. Ye s .
Q. Ok ay. Now, d i d they seem to be -- l e t me re phras e
t h a t .
I thi nk yo u t o l d u s t h a t w h i l e t h i s i s g o i ng on
t h e r e 's o the r pe o pl e s ho w i ng up e i t h e r d ro ppi ng t h e i r --
w e l l , pi c k i n g -- w anti ng to g e t t h e i r c a r s ?
A. Le av e . Yes , y e s . Whi l e -- w h i l e I w as -- w h i l e
the y w ere hav i ng t h e i r co nv e rs ati o n, t h e i r c a r w as up, I
t h i n k I b ro u g ht up two o the r c a r s .
Q. And do yo u r e c a l l ab o u t w hat ti me i n the e v e ni ng
t h a t w o u l d hav e b een when that w as a l l happeni ng ?
A. 10:00- i s h.
Q. Ok ay.
A. I t w as aro u nd c l o s i n g ti me.
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Q. And I thi nk w e'v e as k e d t h i s . The v a l e t t i c k e t s i
i
are n't ti me s tamped o r anythi ng ?
A. No, no t a t a l l . i
Q. A l l r i g h t . Now, when yo u d i d o b s e rv e them, d i d
the y appear to be a c t i v e l y engaged i n a co nv e rs ati o n? I
A. Ye s . Ye s , the y w ere -- the y w ere, yo u know,
i
t a l k i n g b ack and f o r t h . I
Q. You d o n't know e x a c t l y w hat t h a t c o n v e r s a t i o n w as i
I
ab o u t, do yo u ?
A. No, no t a t a l l . j
Q. A l l r i g h t . I n i t i a l l y they w ere t a l k i n g ab o u t j
d r i v i n g o r no t d r i v i n g the c a r . You d o n't know how l o ng
t h a t d i s c u s s i o n l a s t e d ?
A. No, I w o u l d s ay maybe ro u g hl y f i v e mi nu tes they
had t h e i r c o n v e r s a t i o n . What s p e c i f i c a l l y the y w ere t a l k i n g
ab o u t, I d o n't know. Bu t ab o u t a f i v e mi nu te co nv e rs ati o n.
Q. Ok ay. And s o the n u l t i m a t e l y w hat happens as f a r
as them and the c a r ?
A. E v e n t u a l l y the y d e ci d e to l e a v e . He -- he g i v e s j
me the money -- j
i
i
Q. Uh-huh. !
i
i
A. -- f o r the park i ng . Wal k s he r o v e r -- b ecau s e j
I
r i g h t now the k e ys are s t i l l i n the i g n i t i o n and the car i s
ru nni ng . He w al k s he r o v e r, g e ts he r i n t o the pas s e ng e r
s e a t , head s to w ard s the b ack . I hav e ano the r c a r and I tak e
Kanabay Court Report ers Servi ng the Tampa Bay Area
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o f f , and then be b ack s up and p u l l s o u t.
Q. Do yo u r e c a l l w hether he w as c a r r y i n g anythi ng ?
A. He had a b ag .
Q. Ok ay. And by "bag", we t a l k i n g ab o u t --
A. We l l , s e e , t h i s i s w hat's fu nny. Ano ther t h i n g
t h a t k i nd o f s tu ck o u t i s i t was a l a r g e b ag . To me, i t
remi nd ed me o f an o v e rni g ht bag, l i k e k i n d o f a w eek end
t r a v e l b ag .
Q. Uh-huh.
A. Si nce k i n d o f t h i s w ho l e pro ce s s , most l aw ye rs
seem to hav e tho s e r e a l l y b i g r o l l - a w a y b ag s .
Q. R i g ht. Was t h i s on r o l l e r s ?
A. Yes , y e s .
Q. And w as he r o l l i n g i t ?
A. Ye s .
Q. Ok ay. And do yo u r e c a l l w hat he d i d w i t h the b ag
o ffhand ?
A. See, he r o l l e d i t to k i nd o f l i k e the b ack co rne r
o f the b ack pas s e ng e r s i d e --
Q. Uh-huh.
A. -- when I to o k o f f . She w as a l r e a d y l o ad e d up.
So t h a t 's why I e x pl ai ne d i t l o o k ed l i k e he w as e i t h e r
l o ad i ng i t i n the b ack s e a t -- w hi ch I w o u l d i mag i ne - - o r
the tru nk , b u t I w o u l d n't be ab l e to t e l l e i t h e r o ne.
Q. And then w as i t a fo u r- d o o r v e h i c l e ?
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A. Ye s .
Q. When they w ere g e t t i n g i n the c a r o r a f t e r he came
up to yo u , d i d they -- d i d he o r s he s ay anythi ng to yo u o r
d i d the y j u s t w al k up to the c a r to g e t i n t o i t ? You know,
hey, we are g o i ng to tak e the c a r ? We're --
A. Ye s .
Q. -- no t g o i ng to l e a v e i t ?
A. Becau s e I had n't r e c e i v e d payment y e t . So the y
k i n d o f g o t up, and I k i nd o f -- d o n't remember e x a c t l y w hat
w as s a i d -- b u t as k ed w hat the y d e ci d e d . They s a i d the y
w ere g o i ng to tak e the c a r . That's why I do the $4, g e t the
money fro m them. And --
Q. And do yo u t h i n k t h a t c o n v e r s a t i o n w as w i t h hi m o r
he r o r b o th o r yo u d o n't k now?
A. Mai nl y him.
Q. Ok ay. Do yo u remember i f s he s a i d anythi ng a t
t h a t po i n t ?
A. N ot t h a t I can remember. N o thi ng r e a l l y .
Q. Di d yo u o v e rhe ar any c o n v e r s a t i o n b etw een the two
o f them as they made t h a t d e c i s i o n o r he w al k ed he r and pu t
he r i n the c a r ?
A. I d i d n't he ar anythi ng ab o u t the mak ing o f the
d e c i s i o n .
Q. Ok ay. Anythi ng e l s e d i d yo u he ar?
A. No, I mean, a l l I r e a l l y he ard from them r e a l l y
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w as j u s t the i n i t i a l can i t s t a y , I need a c c e s s . N ot --
the y d i d s ay t h a t -- I he ard t h a t tw i ce thro u g ho u t t h e i r --
I mean, from w hen the y f i r s t came up and the n l a t e r on, l i k e
the y w ere d i s c u s s i n g i t .
Q. Ok ay.
A. Bu t t h a t w as r e a l l y a l l I he ard .
Q. A l l r i g h t . And s o w i t h t h a t , s i n c e yo u he ard i t
tw i ce , d i d yo u g e t the i mpre s s i o n t h a t he d i d n't w ant to
tak e the c a r --
A. We l l , s e e --
Q. -- and s he d i d ? Do yo u know w hat I mean?
A. She d i d n't w ant to l e av e i t t h e r e . I g o t the
i mpre s s i o n -- w hi ch I fo u nd l a t e r w o u l d be w rong -- w as I
f i g u r e d h i s c a r mu s t be the re as w e l l . He d i d n't hav e a c a r
the re .
So I -- the w ho l e ti me I'm t h i n k i n g , w e l l , he
pro b ab l y has h i s c a r . She d o es n't w ant to l e av e he r c a r .
Bu t i t w as d e f i n i t e l y s he d i d n't w ant to l e av e the
c a r the re .
Q. Ok ay.
BY MR. BARTLETT:
Q. And t h i s l a s t e d ab o u t f i v e mi nu te s ?
A. Ro u g hl y, y e s .
Q. Ok ay.
BY MR. LOUGHERY:
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Q. Ok ay. And s o --
A. F i v e to te n to ps .
BY MR. BARTLETT:
Q. And the f a c t s -- the f a c t t h a t yo u he ard "acce s s ",
the w o rd "a c c e s s " d u ri ng t h a t c o n v e r s a t i o n tw i ce k i nd o f i n
the b e g i nni ng and the end s u g g e s te d to yo u t h a t t h a t w as
w hat the c o n v e r s a t i o n w as ab o u t?
A. Ye s , I ' d s ay more b e g i nni ng and m i d d l e - i s h .
Q. Ok ay.
BY MR. LOUGHERY:
Q. Car l e a v e s . N o thi ng e l s e ? No o the r pro b l ems ?
N o thi ng - - anyb o d y e l s e - - anybod y t a l k to yo u o r s ay
anythi ng to yo u that e v e ni ng about t h a t c a r , anythi ng l i k e
t h a t ?
A. No.
Q. Or ab o u t tho s e f o l k s ?
A. No. And I mean, I w atched them p u l l o f f and they
w ere d r i v i n g s l o w . I mean, t h a t 's the o nl y t h i n g t h a t
r e a l l y s tu ck o u t i s he seemed to be d r i v i n g f i n e . He j u s t
k i n d o f made a r e a l l y s l o w l e f t tu rn. And the n t h a t 's -- I
s to pped payi ng a t t e n t i o n .
Q. Ok ay. R i g ht. So I - - h e w as pu l l e d o v er fo u r o r
f i v e b l o c k s down, b u t yo u d i d n't s ee any o f t h a t ?
A. No. No, i t w as o u t o f my e y e s i g h t . Becau s e w e're
r i g h t the re , and I had no c l u e he g o t pu l l e d t i l the ne xt
d ay.
Q. Ok ay. And how d i d you f i n d o u t the ne xt d ay t h a t
he g o t pu l l e d o v e r?
A. I'm s o r r y . I t w o u l d hav e b een two d ays . I t w as
F r i d a y .
Q. Ok ay.
A. I r e c e i v e d -- w e l l , b a s i c a l l y I r e c e i v e d a phone
c a l l fro m my b o s s s ayi ng the manager a t Mal i o 's w as t r y i n g
to g e t i n to u ch.
Q. And w ho's yo u r b o s s ?
A. K e r r y Graham.
Q. Ok ay.
A. He's b as e d o u t o f the She rato n. He j u s t k i n d o f
o v e rs e e s the Mal i o 's v a l e t .
Q. And he w as s ayi ng that who w anted to t a l k to yo u ?
A. Di na fro m Mal i o 's .
Q. And Di na, i s t h a t a femal e?
A. Ye s .
Q. And s he 's a -- yo u know he r fro m --
A. Ye s . Ye s , s he 's one o f the manag ers t h e r e . So I
d i d n't r e a l l y - - a t t h a t ti me I s t i l l d i d n't know w hat w as
g o i ng on.
Q. R i g ht.
A. I c a l l e d he r. She menti o ned t h a t a l aw ye r w as
t r y i n g to g e t aho l d o f me and fo rw ard ed me on to who end ed
up b e i ng the s e g u ys , J ai me A u s t r i c h .
Q. Ok ay.
A. That's how I fo u nd o u t. He -- he k i n d o f as k e d me
w hat I knew and then menti o ned -- when I g o t o f f the phone
w i t h him, I s t i l l d i d n't who o r w hat w as g o i ng o n.
Q. Ok ay.
A. Bu t a q u i ck Go o g l e s e a r c h o f N i s s an and the n
Campb el l , i t w as k i nd o f one o f the to p thi ng s t h a t came up.
Q. Ok ay. So -- a l l r i g h t . I t ' s amazi ng now ad ays,
i s n ' t i t ?
So w hen yo u t a l k e d to J ai me A u s t r i c h on the phone,
the l aw ye r, t h a t
1
s when yo u w o u l d hav e he ard the names
Campb el l and N i s s an? At t h a t po i nt yo u d i d n't ev en know he
had b een a r r e s t e d o r -- b e cau s e i t w as k i nd o f i n the new s,
b u t --
A. Yes , I had n't known at that po i n t . I w as n't
r e a l l y fo l l o w i ng i t . I d i d n't know he r name, h i s name.
Q. Ok ay. So the n a f t e r you t a l k e d to hi m ab o u t maybe
w hat yo u knew, then yo u d i d yo u r own l i t t l e Go o g l e s e a r c h
and then you fo u nd the new s paper r e po r t s --
A. Ye s . Ye s , t h a t 's when I re co g ni ze d Campb el l and I
re co g ni ze d the woman, w hi ch I s t i l l can't remember the w e i rd
l a s t name l ad y.
Q. Ok ay. Now, s o yo u t a l k e d to A u s t r i c h on the
phone.
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Di d the y the n as k yo u - - o r w ere yo u as k e d a t the
end o f the phone c o n v e r s a t i o n i f you w o u l d be w i l l i n g to
come down and s i g n an a f f i d a v i t to t h a t e f f e c t o r s o methi ng j
l i k e t h a t ?
A. We l l , o r i g i n a l l y I spok e to hi m -- I w as j u s t
w al k i ng i n t o my c a l c u l u s c l a s s a t 2:00 p.m. And he w anted
me to d r i v e to the co u rtho u s e .
Q. Uh-huh.
A. And I t o l d hi m t h a t j u s t w as n't po s s i b l e .
Q. A l l r i g h t .
A. He r e a l l y w anted me to go down t h e r e
i mme d i ate l y --
Q. Uh-huh.
A. -- to go to the co u rtho u s e , w hi ch i s -- I go to
s cho o l fro m 2:00 to 3:30 t h a t d ay and the n I go fro m 3:30
to -- yo u know, 5:00 I hav e to be at w ork .
Q. R i g ht.
A. And P i n e l l a s to Tampa i t ' s j u s t no t g o i ng to w ork .
Q. R i g ht.
A. So I t o l d hi m no . And then I d o b e l i e v e -- I
t h i n k i t w as -- I s po k e -- I g av e him the k i n d o f w hat
happened , and I w o u l d s ay maybe o v er the w eek end -- a t some
po i n t I d i d s peak to hi m ag ai n.
Q. Uh-huh.
A. And t h a t 's when he as k ed i f I co u l d come i n and
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f i l l t h i s o u t.
Q. Ok ay. And t h e r e 's a d ate on the re , I thi nk i t ' s
the 29 th?
A. Ye s .
Q. Ok ay. Or 25th.
Maybe a Tu es d ay?
A. I t s o u nd s ab o u t r i g h t , y e s .
Q. Ok ay.
A. I t w as one o f the d ays t h a t I w o rk ed .
Q. R i g ht. And s o the n -- then yo u w ent to the o f f i c e
on t h a t d ay.
So yo u t a l k e d to hi m a t l e a s t maybe tw i ce on the
phone ab o u t w hat you knew ab o u t i t ? Then yo u w ent to h i s
o f f i c e on the 2 9 th?
A. Ye s . We l l , o r i g i n a l l y he s u b po ena me.
Q. Ok ay.
A. He -- t h i s i s -- t h i s i s k i nd o f when my nu i s ance
w i t h the s e g u ys s t a r t e d .
Q. Ok ay.
A. I g o t a -- he as k e d i f I co u l d come i n . You know,
the y w ere g o i ng to -- he w arned me t h a t the y w ere g o i ng to
s u b po ena me. I show ed up to w ork . I w o u l d s ay i t must hav e
b een a Monday.
Q. Ok ay.
A. They g av e me the s u b po ena. And then --
Q. What d i d the subpoena w ant yo u to d o?
A. To appear a t the -- I g u es s t h i s l aw o f f i c e the
ne x t d ay a t I thi nk i t w as 4:00 p.m.
Q. Ok ay.
A. The ne xt d ay I pro b ab l y r e c e i v e d ab o u t ro u g hl y
f i v e phone c a l l s fro m J ai me A u s t r i c h .
Q. Uh-huh.
A. Go i ng b ack and f o r t h . Oh, the s u b po ena's
c a n c e l l e d . I t ' s gone b ack on. So methi ng ab o u t the j u d g e
o r d e r i n g no more s u b po enas o r s o methi ng l i k e t h a t .
A. I remember hi m s a y i n g t h e r e 's some co nfu s i o n on
w hat the j u d g e r e a l l y o rd e re d .
Q. Uh-huh.
A. And i t w as k i n d o f b ack and f o r t h and i t end ed up
b e i ng , w e l l , can yo u j u s t come i n and s i g n yo u r s tate me nt a t
the ti me t h a t i t w as a l r e a d y s che d u l e d .
Q. Yes , o k ay. And yo u d i d t h a t ?
A. Yes , t h a t 's w hen I came i n and s i g ne d t h i s .
Q. And I t h i n k w e'v e t a l k e d ab o u t i t . The f i r s t one
21 j t h a t w as pre pare d yo u d i d n 't f e e l l i k e s i g n i n g b ecau s e i t
22 d i d n't seem to be 100 pe rce nt accu rate ?
23! A. Yes , I c a n 't remember a l l the d e t a i l s t h a t w ere
24 tak e n o u t. Bu t I w o u l d s ay the re w as pro b ab l y thre e to fo u r
25: l i n e s t h a t I d i d n't s e e o r I d i d n't w i t n e s s .

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Q. Ok ay.
A. Or he ar.
Q. Bu t u l t i m a t e l y the re mi g ht hav e b een -- I d o n't
know -- a co u pl e thre e o r more ro u g h d r a f t s t h a t f i n a l l y |
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t h i s one he re w as the one t h a t yo u f e l t co mfo rtab l e s i g n i n g ?
A. Ye s . From s t a r t to f i n i s h the re w as f i v e to s i x
d i f f e r e n t co pi e s t h a t he pr i n t e d up. And I re ad , pr i n t e d
up, and I re ad u n t i l I f i n a l l y s i g ne d t h i s one.
Q. So -- and then -- now a t t h a t po i n t -- and I'm
t a l k i n g ab o u t the 29 th. Ok ay? Had yo u had any
c o n v e r s a t i o n s w i t h anybod y fro m the o the r s i d e , l i k e Stephen
Di aco on t h a t s i d e ?
A. No, a t t h a t po i nt, no.
Q. Ok ay. So nobod y appro ached yo u - - the o nl y
pe rs o ns who had any i n t e r e s t a t t h a t po i n t w as t h i s J ai me
A u s t r i c h ?
A. Ye s .
Q. Ok ay.
A. And I d i d n't know u n t i l I came i n r e a l l y who he
w as i n v o l v e d w i t h .
Q. You d i d n't know w hat l aw f i r m he w as engaged i n ?
A. Ye s .
Q. What s i d e --
A. Yes , y e s .
Q. Ok ay. A l l r i g h t . So l e t ' s go a f t e r t h a t .
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A f t e r yo u s i g ne d the a f f i d a v i t , w hat's the ne x t
t h i n g t h a t happens and when i s --
A. I w o u l d s ay ro u g hl y a w eek . I mean, the d ate w i l l
s ay. Pro b ab l y the d ay o r two b e fo re I s i g ne d the s eco nd
one, I he ard I g o t a phone c a l l fro m Stephen Di aco .
Q. Ok ay.
A. Ki nd o f --
Q. Now, t h a t one o nl y to o k -- o nl y -- s o we can g e t
o u r mind s r i g h t he re .
That one i t l o o k s l i k e i t ' s Fe b ru ary 1 s t . I t ' s a
one I s t h a t a
A. Ye s , ye s .
Q.
I s n ' t t h a t Fe b ru ary 1s t?
A. Yes , Fe b ru ary 1 s t . So maybe no t q u i t e a w eek .
Q- So t h a t w o u l d hav e b een a co u pl e d ays ?
A. Ye s , a few d ays .
Q.
Ok ay. Bu t when yo u -- w as i t -- the d ay you g o t a
from Di aco , w o u l d t h a t hav e b een the same d ay yo u
s i g ne d t h a t a f f i d a v i t ?
A. The v e r y -- the ne xt d ay I s i g ne d i t .
Q. Ok ay. So the n w e're g o i ng to s u g g e s t then t h a t he
mi g ht hav e c a l l e d yo u on the 31s t?
A. Ye s , y e s .
Q. Ok ay. And t e l l u s how t h a t happened , w here yo u
w ere, how yo u g o t the c a l l , that k i nd o f t h i n g .
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A. We l l , he a c t u a l l y - - h e c a l l e d D e r r i c k the ow ner
o f Mal i o 's . And then he -- D e r r i c k came o u t and s po k e to me
s a y i n g t h a t Stephen Di aco w as t r y i n g to -- w anti ng to
d i s c u s s , yo u know, w hat I saw .
Q. Uh-huh.
A. He a c t u a l l y hand ed me the phone. I had a b r i e f
c o n v e r s a t i o n w i t h him. T e l l i n g hi m I w as b u s y.
He came by l a t e r . I w as s t i l l b u s y. Then I end ed
up t a l k i n g to him, I g u e s s , i t w as t h a t ni g ht and k i nd o f
g av e hi m my s t o r y . And then the ne xt d ay, he -- i s t h a t the
s eco nd o ne? Ho ne s tl y I can't remember who a l l show ed up f o r
t h i s o ne.
Q. Uh-huh.
A. I t h i n k the b i g g ro u p w as the f i n a l one the y had
me s i g n .
A. T h i s one they came - - I came i n . They had i t a l l
pr i n t e d up. I s i g ne d -- yo u know, I re ad thro u g h i t . I
s i g ne d i t . They stamped i t .
Q. A l l r i g h t . And t h a t w as at Mal i o 's ?
A. That w as at Mal i o 's , y e s . Bo th o f the s e the y j u s t
came i n to my w ork at 5:00 to me.
BY MR. BARTLETT:
Q. Ok ay. Who -- how w ere they g e t t i n g the
i nfo rmati o n to pu t on t h a t a f f i d a v i t ?
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A. B a s i c a l l y i t ' s w hat I'm t e l l i n g them o v e r the
phone and the y're t e l l i n g me the y're g o i ng to , you know,
type one up, hav e me re ad i t , and the n s i g n i t .
Q. Ok ay.
BY MR. LOUGHERY:
Q. Now, s o t h a t w as o u t the re . Now, we j u s t k i n d o f
know the y d i d n't know yo u had d one the f i r s t a f f i d a v i t --
A. No, I --
Q. So --
A. Ye s .
Q. So a t a l a t e r d ate on t h i s t h i r d a f f i d a v i t , t e l l
u s the s t o r y ab o u t how yo u g o t re - co ntacte d on t h a t o r w hat
the pu rpo s e o f t h a t w as .
A. I g o t ano the r c a l l from Stephen Di aco , yo u know, a
l i t t l e a f t e r -- a f t e r I had a l r e a d y d one the f i r s t
a f f i d a v i t . He w as as k i ng me ab o u t the o r i g i n a l a f f i d a v i t
t h a t I s i g ne d , i f I remembered much ab o u t i t . And I k i n d o f
t o l d hi m the same t h i n g that -- yo u know, I t o l d b o th s i d e s
the same s t o r y . They j u s t emphas i zed d i f f e r e n t pa r t s .
Q. Uh-huh.
A. Bu t w hat he w as s p e c i f i c a l l y a s k i n g me w as i f I
he ard he r as k i f the -- i f he co u l d d r i v e . You know, i f I
he ard he r t r y i n g to t a l k hi m i n t o d r i v i n g o r, you know,
anythi ng l i k e t h a t . I d i d t e l l him, no, I d i d n't. Be cau s e
l i k e I s a i d , a l l I he ard w as I need a c c e s s to my v e h i c l e .
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A. And b a s i c a l l y w hat he w as po i n t i n g o u t t h a t , yo u
know, e s p e c i a l l y the w o rd i ng on he re i s t h a t i t seemed l i k e
I heard more than w hat I r e a l l y he ard .
Q. Ok ay.
A. The " pr e v a i l upon" w as one t h a t --
Q. R i g ht.
A. -- l o o k e d f i n e when I o r i g i n a l l y s i g ne d i t a f t e r
an ho u r; b u t, ye s , I ne v e r r e a l l y he ard he r t r y i n g to
co nv i nce him to d r i v e .
Q. A l i t t l e e d i t o r i a l i z i n g i n a w ay?
A. Ye s . And the o the r one w as j u s t mi no r. She
need ed a c c e s s . I ne v e r he ard he r s ay the y need to move the
v e h i c l e . To me i t ' s k i nd o f --
Q. -- the same thi ng ?
A. One i n the same. Bu t t e c h n i c a l l y I d i d n't he ar
the s e w ord s b e i ng menti o ned .
Q. Ok ay. A l l r i g h t . So yo u had t h a t c o n v e r s a t i o n on
the phone w i t h hi m --
A. Ye s .
Q. - - i s t h a t r i g h t ?
And then they pre pare d ano the r a f f i d a v i t o r the
s eco nd one b y Di aco , b u t the t h i r d one i n ti me?
A. Yes , y e s .
Q. And they b ro u g ht that ag ai n to yo u a t Mal i o 's and
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yo u s i g ne d i t ; r i g h t ?
A. Ye s . And t h i s i s the one I t h i n k i t w as Stephen
Di aco , the gun l aw g ro u p guy, and the o the r guy and the n
ano the r guy.
Q. A l l r i g h t . So t h e r e w as more pe o pl e the re f o r
t h a t o ne?
A. Yes , a l i t t l e --
( Ev eryb o d y t a l k i n g a t o nce.)
A. -- l e g a l team s tand i ng on the v a l e t d r i v e .
Q. See the v a l e t pa r k i n g f o r yo u r c a r .
Ok ay. So and t h a t -- w hat w as the d ate on t h a t
o ne?
A. L e t 's s e e . T h i s one Fe b ru ary 12th.
Q. Ok ay. So t h a t w o u l d hav e b een al mo s t two w eek s
l a t e r a f t e r t h a t --
A. Yes , i t w as aw hi l e a f t e r . Each ti me I thi nk I'm
d one.
Q. Now, d i d anybod y - - o n e i t h e r s i d e d i d anybod y
o f f e r to pay yo u any money f o r any o f the s e t h i n g s ?
A. No. I g o t a $20 check f o r my o r i g i n a l s u b po ena
when I g o t t h i s one.
Q. The one t h a t we t a l k e d ab o u t on the Tu es d ay we
w ere t a l k i n g ab o u t?
A. Yes , y e s .
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A. That w as the o nl y -- o nl y money.
Q. A l l r i g h t . Ok ay. On e i t h e r one o f the s e
s i t u a t i o n s w i t h e i t h e r s i d e a t any po i nt, d i d anybod y t r y to
g e t yo u to s ay s o methi ng t h a t w as n't t r u e ?
A. No, no t r e a l l y . I mean, the v e r y f i r s t a f f i d a v i t
d e f i n i t e l y had i nfo rmati o n t h a t I d i d n't s ay, t h a t I d i d n't
s e e , o r I d i d n't w i t n e s s .
Q. F i r s t one t h a t yo u d i d n't s i g n?
A. Ye s , y e s . I mean, I f i n a l l y s i g ne d t h i s one, b u t
l i k e t h i s -- the f i r s t a f f i d a v i t t h a t I d i d n't s i g n, the re
w as a l o t more i nfo rmati o n on the re t h a t I j u s t w as n't a
w i t n e s s t o .
Q. R i g ht. Ok ay.
STATEMENT CONCLUDED

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STATE OF FLORI DA )
I , the u nd e rs i g ne d a u t h o r i t y , c e r t i f y t h a t JOSHUA MOORE
pe r s o n a l l y appeared b e fo re me and w as d u l y s w o rn.
WI TN ESS my hand and o f f i c i a l s e a l t h i s 19 th d ay o f March,
2013.
REPORTER'S DEPOSI TI ON CERTI FI CATE
STATE OF FLORI DA
COUNTY OF PI N ELLAS
)
I , ROBERT WI LLI AM WAGNER, c e r t i f y t h a t I w as a u t h o r i z e d to
and d i d s t e n o g r a ph i c a l l y r e po r t the s tatement o f JOSHUA
MOORE and t h a t the t r a n s c r i p t i s a tru e and co mpl ete r e c o r d
o f my s te no g raphi c no te s .
a t t o r n e y o r co u ns e l o f any o f the p a r t i e s , no r am I a
r e l a t i v e o r employee o f any o f the p a r t i e s ' a t t o r n e y o r
co u ns e l co nne cte d w i t h the a c t i o n , no r am I f i n a n c i a l l y
i n t e r e s t e d i n the a c t i o n .
DATED t h i s 19 th d ay o f March, 2013.
RftBERT WILfeTAM WAGNER
N o tary P u b l i c
Kanabay Court Reporters - Servi ng the Tampa Bay Ar ea
Pi nel l as 727 821-3320; Hi l i sborough 813 224-9500
State Invest V S J oshua Moore
March 7,2013
$
$20 (1)
0:20
$4(3)
0:14,2,11
1
10:00-ish (1)
0:23
100(1)
0:22
12th (1)
0:13
1st (3)
0:10,13,14
2:00 (2)
0:6,15
2012 (2)
0:21,22
2013 (1)
0:23
23rd (3)
0:4,21,23
24(1)
0:24
25th (1)
0:5
29th (3)
0:3,10,14
3:30 (2)
0:15,15
31 (1)
0:9
31st (2)
0:20,22
7:00 (1)
0:20
7:30 (4)
0:6,16,20,23
717 (2)
0:14,15
4
4:00 (1)
0:3
5
5:00 (2)
0:16,22
7
able (2)
0:3,24
access (9)
0:3,8,12,17,1,4,5,
13,25
accurate (1)
0:22
actively (1)
0:5
actually (2)
0:1,6
affidavit (11)
0:3,1,19,7,11,16,
16,22,25,5,10
again (2)
0:23,25
ahead (1)
0:15
ahold (1)
0:25
almost (1)
0:14
amazing (1)
0:9
amongst (1)
0:20
amount (1)
0:16
appear (3)
0:18,5,2
appeared (1)
0:15
appears (1)
0:9
approached (2)
0:7,14
approaches (1)
0:22
area (1)
0:6
around (3)
0:7,16,25
arrested (1)
0:14
attention (1)
0:21
Austrich (5)
0:1,11,24,6,16
aware (1)
0:17
away (1)
0:18
awhile (2)
0:23,16
B
back (16)
0:8,18,23,13,13,23,
2,3,7,18,19,23,25,8,9,
15 0:6 corner (1)
backs (1) came (16) 0:18
0:1 j
0:10,2,5,9,1,15,2,3, County (1)
bad (1) 8,19,19,2,8,17,17,22 0:10
0:1 I
Campbel l (7) couple (3)
bag (6) 0:12,12,8,17,8,13, 0:24,4,15
0:3,4,6,7,8,16 ; 21 courthouse (2)
bags (1) \ can (10) 0:7,14
0:11 ! 0:6,7,3,7,16,16,1,
bars (2) 18,8,16 , D
0:1,24 j cancelled (1) 1
B ARTL E TT (3) 1 0:9 I
dark (3)
0:21,3,23 1
car (45) 0:10,20,17
based (1) ! 0:8,17,1,1,1,3,3,6, date (4)
0:13 j
6,6,10,10,15,17,19, 0:2,3,11,11
basic (1) j
20,3,10,11,11,12,14, day (15)
0:14 15,16,19,21,24,2,4,5, 0:1,5,20,7,1,2,15,3,
basically (4) 9,11,12,14,14,17,17, 4,5,11,17,18,20,10
0:13,7,1,2 18,19,21,23,25,11, days (6)
begin (1) 13,10 0:8,24,4,9,15,16
0:24 carryi ng (1) December (1)
beginning (2) 0:2 0:20
0:6,8 cars (6) decide (1)
besides (1) 0:17,18,5,5,17,20 0:19
0:24 car's (1) decided (1)
big (2) 0:2 0:10
0:11,14 casual (1) decision (3)
bit (2) 0:19 0:10,20,23
0:18,3 charge (2) definitely (2)
blocks (1) 0:14,12 0:18,6
0:23 check (2) Derri ck (2)
boss (2) 0:8,20 0:1,2
0:8,10 chose (1) details (2)
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Kanabay Court Reporters - Serving the Tampa B ay Area
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State Invest V S J oshua Moon
March 7,201

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Kanabay Court Reporters - Serving the Tampa B ay Area
(2) driven - limit
State Invest V S J oshua Moon
March 7, 201
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State Invest V S
J oshua Moor
March 7,201:
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State Invest V S
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March 7,2013
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Mi n-t . --Scnpr Kanabay Court Reporters - Serving the Tampa B ay Area
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The Florida Bar
Executive Director
Tampa Branch Office
(813) 875-9821
www.FLORIDABAR.org
November 6, 2013

C. Phillip Campbell, Jr.
c/o Scott K. Tozian, Esquire
Smith Tozian Hinkle & Davis, P. A
109 North Brush Street, Suite 200

Re: Complaint of The Florida Bar against C. Philip Campbell Jr.
The Florida Bar File No.: 2013-10,697(13F)

Dear Mr. Campbell:
On October 10, 2013, the Thirteenth Judicial Circuit Grievance Committee F found no
probable cause for disciplinary proceedings in the above-referenced case.
The above referenced complaint stems from your arrest for DUI on January 23, 2013. The
committee considered the state attorneys investigation of the circumstances surrounding your
traffic stop, and the state attorneys subsequent decision not to prosecute the case. The
investigating members also conducted interviews of witnesses and you. Based on the totality of
the circumstances, the committee does not believe your conduct rises to the level of an ethical
violation. The committee wants you to know that Florida Lawyers Assistance, Inc. provides
confidential assistance to Bar members. If you need assistance, you should contact FLA, Inc. at
1-800-282-8982.

For the reasons set forth herein, our file on this matter has been closed. Pursuant to the Bars
records retention schedule, the computer record and file will be disposed of one year from the
date of closing.
Sincerely,

Bar Counsel
JT/jt
cc: Matthew Lee Felix, Chair
Richard Henry Maritn, Investigating Member
Michael S Hooker, Designated Reviewer

Florida Bar-Lawyers Setup Mid-Trial DUI Arrest-Public Records

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