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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF WASHINGTON

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DANIEL A. BERNATH,

Petitioner,

vs.

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JOHN LILYEA,
Respondent.

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) No. C140741RO
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TRANSCRIPT OF PROCEEDINGS

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BE IT REMEMBERED THAT, the above-entitled matter

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came on regularly for hearing before the Honorable Thomas

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

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the County of Washington, State of Oregon, commencing on

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the 29th day of May, 2014.

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APPEARANCES:

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APPEARING FOR THE PETITIONER(S)

Daniel A. Bernath
10335 SW Hoodview Drive
Tigard, OR 97224
ussyorktowncvs10@yahoo.com

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APPEARING FOR THE RESPONDENT(S)

Roderick A. Boutin
Boutin & Associates
5005 Meadows Road, Suite 405
Lake Oswego, OR 97035
503-601-6800
rodboutin@comcast.net

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Witness Index

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For the Petitioner:

John Lilyea

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Daniel Bernath

53

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P R O C E E D I N G S

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THE COURT:

Daniel Bernath, Petitioner, and

John Lilyea, Respondent, Case Number C140741RO.

MR. BOUTIN:

THE COURT:

MR. BERNATH:

THE COURT:

MR. BOUTIN:

Good morning, Your Honor.

Good morning.
[Indiscernible] over there.
Yes, that's right.
Good afternoon, Your Honor.

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Rod Boutin representing Mr. Lilyea, Respondent.

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two preliminary motions.

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THE COURT:

Okay.

And I have

And I understand your

client will be appearing by phone, correct, Counsel?

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MR. BOUTIN:

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THE COURT:

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MR. BOUTIN:

That is correct.
Okay.
We are advised by the clerk to

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

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called him yet.

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matters first.

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Perhaps we could deal with preliminary

THE COURT:

Did you want to proceed without

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

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can deal with the preliminary matters first.

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Petitioner, Mr. Bernath, I want to just

confirm, you're representing yourself, correct?
MR. BERNATH:

Yes.

I'm a California lawyer,

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

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THE COURT:

All right.

So why don't we take

up your preliminary matters, Counsel.

MR. BOUTIN:

twofold, Your Honor.

this proceeding.

Preliminary matters are

Both of them are motions to dismiss

One of them, the basis for one is that my

client is a resident of West Virginia.

And by offer of

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

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

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

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is, and my client has never been in Oregon.

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subject to the jurisdiction of the Court.

He's not

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So that would be the first basis to dismiss

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this proceeding, the Court does not have jurisdiction over

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Mr. Lilyea.

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to the jurisdiction.

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Never having been in Oregon, he's not subject

The second is whether -- in order to proceed

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and have relief under the statute, Mr. Bernath as

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

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accepted by his allegation that Mr. Lilyea is not a

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resident in this county.

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I have for the Court a copy of a declaration

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Mr. Bernath filed two weeks ago in Clackamas County Circuit

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Court, Case Number CV14040431, but I'll hand the Court this
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copy of his declaration as well as the 500 pages of

exhibits that were filed with his declaration, and draw the

Court's attention to the following specific points, which

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

of this county and therefore eligible for relief sought

here today.

On the beginning of the second page --

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

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

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defendant in this proceeding in Clackamas County Circuit

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

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made in Washington County.

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He makes the statement in his declaration,

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

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

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

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reside and am domiciled in Fort Myers, Florida.

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my home and my domicile."

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Florida is

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

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

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domiciled in Florida since November 3, 2013, approximately,

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by relation."

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Direct the Court's attention further to line

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

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

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Mr. Bernath

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matters here after my domicile here ended," referring to

his ending his domicile in Oregon.

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

makes the statement in his declaration, he says that he

served a dwelling in a domicile, Fort Myers, Florida

resident, by substitute service on an unidentified person

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

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

away from where I dwell."

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This reference is to substitute service that

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was made in this Clackamas County case.

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

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

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from where he dwells.

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appear on 14.

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Mr. Bernath's

And that's lines 232 to 235 which

So the point of which is that he's not

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entitled under the statute to proceed in this court on this

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matter if he's not domiciled in Washington County.

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Two weeks ago, he filed a declaration in

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Clackamas County Circuit Court to quash service, saying

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

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domiciled in Florida.

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declaration, I move the Court to dismiss this proceeding.

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So on the strength of his

THE COURT:

Okay.

And, Counsel, you may

proceed with your response.

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MR. BERNATH:

Thank you, Your Honor.

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

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

moving does not affect [indiscernible].

petition for relief under the Disabled Persons and

Terrorized Act, he is not effectively the only person or

person with a disability that has left the residence or

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

Lilyea says that he is in West Virginia.

In order to

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

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

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broken down in stress related shingles.

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

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

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one's there.

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

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message, no deliveries.

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5/11, the same.

I see bushes moving.

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At 3:50 the same day, I

Sunday, I see the bushes moving.

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

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there.

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

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was a light knock, knock, knock.

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

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there.

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to get me.

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calls me back.

5/23/14 at 1:15, I hear a

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

He hangs -- I hang up on him, he has a -- he

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Through his abilities to -- He is in Oregon.

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

have me expelled.

in Tualatin to have me expelled, he contacted KGW

Television, city, Portland.

Lilyea has contacted the local VFW post

He contacted The Oregonian reporter Bryan

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

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

have you got to say.

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And Lilyea comments, we're ready to

go live on Bernath.

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Oh.

He contacted Lars Larson in Portland,

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

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

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me a fraud and terrorized me there.

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They had a WANTED poster published in the --

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

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posters --

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I haven't finished, Counsel.

down till I finish?

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They blurted out --

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MR. BOUTIN:

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Would you sit

Your Honor, the issue at this

point --

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[Indiscernible].

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MR BERNATH:

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THE COURT:

-- WANTED posters around -Hold on.

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MR. BERNATH:

THE COURT:

-- the City of Portland.

Hold on.

Petitioner, let me

stop you for a second.

I appreciate you feel strongly

about what your contentions are as to why you filed the

restraining order.

What I want to focus, though, your argument

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

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

MR. BERNATH:

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THE COURT:

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MR. BERNATH:

Okay.

Could I speak to that?

Yes, you may address that.

Okay.

As the Supreme Court

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

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in one.

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

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and other states as well.

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jurisdiction to protect myself under the statute.

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So I'm domiciled in Florida because that is where

So that does not deprive me of

And then the statute that I read, the right

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

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not change if I escape to stop the abuse.

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So that would be my comments, Your Honor.

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THE COURT:

Well, let me ask a few questions

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about what I see in the petition.

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

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I want to verify some

But, Petitioner, on your documentation, you

indicate you're residing in Washington County, and you list
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an address.

MR. BERNATH:

THE COURT:

Yes.
Are you currently residing in

Washington County at that address?

MR. BERNATH:

THE COURT:

Okay.

And this -- And how long

have you been residing at that address?

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Yes.

MR. BERNATH:

Since 1994 or '95, as well as

other places.

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THE COURT:

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residing at that address?

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MR. BERNATH:

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THE COURT:

And you've been continuously

No.
When you say "other places,"

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what do you mean?

Explain to me how often you've been

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

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MR. BERNATH:

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THE COURT:

Let's say nine to ten months.

And you allege in your petition

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that the events surrounding why you believe you're entitled

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to the continuation of this restraining order, all the

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allegations you make relate to what happened at your

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premises where you were residing in --

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MR. BERNATH:

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THE COURT:

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MR. BERNATH:

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Yes.
-- Washington County?
Yes.

Although, in all 50

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THE COURT:

I'm just talking about what's

happened here.

MR. BERNATH:

THE COURT:

Yes.
Let me just -- so the -- Okay.

The other thing I noticed on the petition, you acknowledge

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

what you put in your petition.

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MR. BERNATH:

I don't know, but still,

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

That's

something you can ask him.

THE COURT:

But on the petition you filed

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

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Mineral County, State of West Virginia.

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MR. BERNATH:

Well, I would move to amend

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

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no personal knowledge that he lives there.

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He made a motion that he not appear here

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

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went -- he travelled to Washington, DC.

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So I don't...

And then a judge in Montgomery County,

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

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think that we should take anything he says at face value

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based on [indiscernible].

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THE COURT:

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Well, I'm just talking about

what you filed with the Court.

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MR. BERNATH:

Well, I would amend that to

say that upon information and belief from somebody that a

judge in Montgomery County called not truthful.

THE COURT:

MR. BOUTIN:

So --

object to that reference.

THE COURT:

MR. BERNATH:

Your Honor, I would like to

I'll present that, what the

judge said in Montgomery County.

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So noted.

THE COURT:

Well, we'll cross that bridge in

a little bit.

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What I want to make sure of is the

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

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door that you talked about earlier, you believe that was

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the respondent here in Washington County knocking on your

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door.

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MR. BERNATH:

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THE COURT:

Yes.
And your testimony you're going

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to present is that you physically saw the respondent

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knocking on your door?

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MR. BERNATH:

No, I didn't see anybody

knocking on my door.

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THE COURT:

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MR. BERNATH:

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Okay.
But looking at ORS 124.020 9

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

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in the request for hearing form.

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

information and belief from John Lilyea, who other people,

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

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

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THE COURT:

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Counsel, was your client served

with this restraining order?

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So apparently I can amend

MR. BOUTIN:

My client was served on April

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

Your Honor.

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THE COURT:

Sheriff of which County?

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MR. BOUTIN:

Mineral County, West Virginia.

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MR. BERNATH:

I also want to make a motion

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

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a noticed motion so that I could refute all these sudden

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things that he threw at me.

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This doesn't seem at all like a due process

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

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

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and now he's bringing it up.

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dancing, trying to help the Court make a decision.

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we should have a noticed motion.

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THE COURT:

And I'm sitting here tap

I think

Well, I do want to address that

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

And, Counsel, I do want to address that in
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terms of -- I mean, I appreciate these are expedited

processes with the fact document, the way things normally

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

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

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

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

law that you think is applicable that would apply that

might be helpful to give the other side a chance to

respond.

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And I am concerned about hip-shooting an

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

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jurisdiction and in terms of domicile versus residence.

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And to the extent that the petitioner may

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

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in others, I'm sensitive to that issue.

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

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

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any?

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MR. BOUTIN:

And, I guess, why

As to whether or not this is a

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

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the opposition.

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by telephone, creating a record that Mr. Lilyea has

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advancing ALS disease, difficulty standing, difficulty

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walking.

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We initially filed a motion for appearance

I will advise the Court that he can stand as

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long as he doesn't move.

his house, he uses his walker.

needs to leave his house, he travels by wheelchair.

If he seeks to ambulate around

If he seeks to use -- if he

In response to that motion for permission to

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

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

THE COURT:

MR. BOUTIN:

Okay.
So none of this is a surprise

to Mr. Bernath.

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Mr. Bernath goes on at great length, talking

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

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

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medal of honor ceremony.

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

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and a medal of honor recipient, he includes photographs of

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Mr. Lilyea in his wheelchair --

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MR. BERNATH:

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Can I get through this

irrelevant --

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He includes photographs that

THE COURT:

Hold on.

Let me hear what he

says.
MR. BOUTIN:

-- while in Washington, DC.

He

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

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White House showing how long it would take and what route

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

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companions to make that drive from his home in West

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Virginia to the White House.

He --

THE COURT:

So, let me interrupt, Counsel.

You're suggesting that the issue of his

residency in West Virginia is not an issue of surprise to

Petitioner?

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MR. BOUTIN:
is correct.

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Clearly, yes, Your Honor, that

THE COURT:

How about the other issue

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

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the residency of the domicile of the respondent, the other

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is about the petitioner.

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raised to the point that Petitioner would be on notice of

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that?

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Has that issue been argued or

MR. BOUTIN:

It has not been specifically

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briefed.

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petitioner has the burden of proof on all issues created

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

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has his burden of proof.

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I believe the statute is very clear that the

He's filing sworn statements in other

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

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

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Multnomah County Circuit Court, Clackamas County Circuit

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Court, I believe this last matter in Washington County

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Circuit Court was resolved last month.

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sworn statement that says he does not reside, and therefore

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But he's got a

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he seeks to quash service of summons in the Clackamas

County case.

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

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

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

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

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

matter of surprise that he has to do that.

And he's making declarations to the Court in

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other litigation that he doesn't reside here.

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

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the statute.

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MR. BERNATH:

Okay.

If he

I do reside here, but

that's not the point of his speech.

The Court specifically asked him, and this

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

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

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the head here in court for the first time --

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THE COURT:

Well, let me interrupt, Counsel.

That's not what I said.

What I'd like to know is what notice do

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people have about the issues being raised?

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MR. BERNATH:

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I'm sorry.

little too colorful.

THE COURT:

No.

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I'm -- I was a

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MR. BERNATH:

And I would retract that.

Could I?

THE COURT:

And I understand -- No.

And, I mean, let me stop you.

I appreciate

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

possible, today, to move this along.

MR. BERNATH:

THE COURT:

Well, I -I do agree that it seems pretty

apparent that the issue about West Virginia, the residency

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of the respondent is not a surprise issue, your own

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petition said he lives in West Virginia.

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to acknowledge that's not the issue.

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So everyone seems

The second argument being made by Counsel

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relates to your residency.

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issue.

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

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

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hearing the evidence on the restraining order, granting the

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parties a chance to respond both in brief form and

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potential evidence about this residency issue, and then

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make a determination.

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That is, it sounds like, a new

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

And I think where the Court's inclined to go

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

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reserve judgment on the issues raised.

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and determine whether or not they are applicable to the

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I'm going to wait

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case in the course of the evidence presented.

I find that the issue in terms of surprise,

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

will proceed with the arguments presented by both, the

evidence on the issue of residency and domicile on both

parties.

I will, at the end of the closing of the

evidence, entertain the requests by either side to leave

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

10

question that needs to be briefed.

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But in terms of the residency, I do agree

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with the respondent.

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the elements of the statute.

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

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It's your job, Petitioner, to meet

So they're questioning your

I'm not going to rule on the motion now

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

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

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further motions or record need to be open for other

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

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to proceed.

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So let me ask Petitioner, do you have any

witnesses to call besides yourself?

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MR. BERNATH:

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THE COURT:

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Yes.
Okay.

John Lilyea.
And, Counsel, you've got

your client on the phone to call in.

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Other than him, do

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you have any other witnesses to call?

MR. BOUTIN:

No other witnesses at this

point, subject to rebuttal witnesses.

how all that goes.

We'll have to see

We don't have him on the phone yet.

We were

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

that.

THE COURT:

Right.

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THE CLERK:

I called him.

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THE COURT:

[Indiscernible].

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THE CLERK:

[Indiscernible].

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THE COURT:

One and a half to two hours, and

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So let's get him on the

phone, Cheryl.

three to four witnesses.

Thank you.

So one of the --

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THE CLERK:

[Indiscernible].

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THE COURT:

Okay.

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MR. BOUTIN:

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with me here today.

Your Honor, my paralegal is

Can she join me at counsel table?

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THE COURT:

Sure.

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MR. BOUTIN:

Thank you.

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MS. CLAYTON:

Hi, John.

I'm going to give

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

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number is 1-503-846-2268.

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THE COURT:

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He'll be able to answer

[indiscernible], right.
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The

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MS. CLAYTON:
call in right now.

Yeah.

That's correct.

Please

Thank you.

Your Honor?

THE COURT:

MS. CLAYTON:

THE COURT:

Counsel, we'll work on Judge Latourneau to

Yes.
May I approach, please.
Yes, you may.

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

hear.

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A VOICE:

[Indiscernible].

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THE COURT:

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Hello, Mr. Lilyea?

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MR. LILYEA:

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THE COURT:

Right.

Yes, it is.
Yes.

This is Judge Rask.

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

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courtroom, we have started with the proceeding.

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counsel is present, along with the opposing party, and

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we're going to proceed with the hearing.

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Your

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

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witness, you may just remain on the phone.

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to raise your right hand to be sworn.

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MR. LILYEA:

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THE COURT:

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witness.

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/////

I would ask you

Yes, sir, it's raised.

Okay.

Let's swear in this

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JOHN LILYEA,

having first been sworn or affirmed, was examined and

testified under penalties of perjury as follows:

4
5
6

THE CLERK:

If you can please spell and

state your full name for the record.

MR. LILYEA:

My name is John Victor Lilyea.

THE COURT:

And before we proceed, Petitioner, will you

Thank you, Mr. Lilyea.

10

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

11

you're going to provide testimony today.

12
13

DANIEL BERNATH,

14

having first been sworn or affirmed, was examined and

15

testified under penalties of perjury as follows:

16
17
18
19
20

THE CLERK:

If you can please spell and

state your full name for the record.

THE WITNESS:

Daniel A. Bernath, Daniel the

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

21

THE COURT:

Okay.

Thank you.

22

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

23

normally proceed on matters of this nature is that the

24

petitioner will go forward to prove they can establish and

25

need to continue the restraining order and meet the

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

respondent to provide evidence as to why they believe the

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

shouldn't be continued.

So we'll start with Mr. Bernath.

And you

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

have a witness here in the courtroom?

MR. BERNATH:

THE COURT:

10
11

No.

MR. BERNATH:

Is your witness out in the hall?

I have no witnesses, I have

Mr. Lilyea and I have documentary evidence --

12

THE COURT:

13

MR. BERNATH:

14

THE COURT:

15

said you had a witness.

Okay.
-- from Mr. -I misunderstood.

I thought you

Okay.

16

Then you may present your evidence.

17

You both -- you can waive opening argument

18

or have a brief opening argument.

19
20

MR. BERNATH:
argument.

21
22
23
24
25

Well, here's my brief opening

THE COURT:

Sure, then we'll do that.

Proceed.
MR. BERNATH:

It will sound like I'm crazy

to tell you this.

A hearing officer at Social Security
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Administration attacked me four years ago, when I was

getting on an elevator.

last four years.

He has been terrorizing me for the

He contacted John Lilyea and said to John

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

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

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

8
9

Now, this group is known as a suicide

self-murder advocacy group of Vietnam Veterans.

And you

10

think I'm crazy when I'm saying this.

11

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

12

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

13

combat veterans who this judge in Montgomery County says,

14

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

15

from the war.

16

What they will do is pick a target and

17

terrorize them to death.

18

far.

19
20

They have murdered five people so

THE COURT:

Let me interrupt you, Mr.

Bernath.

21
22

I appreciate some background, but because of

the docket and the hearings --

23

MR. BERNATH:

24

THE COURT:

25

It's an association

do:

Let me move on.

Yeah.

Here's what I want you to

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

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This

26
1

is only opening, brief opening, focused on the allegations

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

today.

MR. BERNATH:

THE COURT:

Okay.
We're not here on someone being

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

the scope of the petition.

aren't --

9
10

MR. BERNATH:

I can't hear things that

Well, let me get right to

that.

11

THE COURT:

12

MR. BERNATH:

Go ahead.
So, Dan Hyatt then contacted

13

John Lilyea.

14

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

15

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

16

man, on and on and on.

17

John Lilyea then went to his group who said,

Thereafter, all these things happened that I

18

spoke of, I guess, in my preopening statement.

19

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

20

this WANTED poster to make my life as miserable as possible

21

and shame me.

22

So what I'm

And then all those other things occurred.

So that is the crux of this petition.

He is

23

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

24

all communicate with -- through this website.

25

the beginning and end of my opening statement.

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So that's

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1
2

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

approach the Bench with the --

3
4

THE COURT:
copies for Counsel?

5
6

Sure, you have exhibits and

MR. BERNATH:

He has the copies, he just

gave that to you.

THE COURT:

MR. BERNATH:

Okay.

On the --

On the 500 things he

complained about, the pages.

10

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

11

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

12

band.

13
14

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

aren't you?

15

MR. LILYEA:

16

THE COURT:

17

I [indiscernible].
Hold on.

No commentary to the

parties.

18

This is your case, put it on.

You present

19

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

20

a witness.

If I hear anything out of --

21

MR. BERNATH:

22

THE COURT:

He's my first witness.

Okay.

Well, you're testifying

23

first, so give me your evidence.

24

testifying, we'll take another witness.

25

MR. BERNATH:

Then when you're done

Well, could I take him first?

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THE COURT:

MR. BERNATH:

If you'd like to.

All right.

Mr. Lilyea, this

is --

MR. BOUTIN:

Can I make my opening

THE COURT:

Who wants -- Go again.

Yeah, I'd like to hear your opening.

MR. BOUTIN:

9
10

statement?

The matters involving Judge

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

convicted in US District Court --

11

MR. BERNATH:

12

THE COURT:

13

MR. BOUTIN:

14
15

Objection, that's false.

Hold on.
-- are not the matter on which

we are here today.

Mr. Lilyea is an administrator of a website

16

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

17

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

18

as valor thieves.

19

A few months ago, Mr. Bernath appropriated,

20

the evidence will be, appropriated a photograph of a chief

21

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

22

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

23

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

24

medals that he received in his 18 years of service.

25

Mr. Bernath served a little bit less than

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

during the Vietnam War.

People in the valor thief community took

exception to that.

not something that Mr. Lilyea created.

The evidence will be that the poster is

I think we will acknowledge that the poster

appeared on this website.

There are some 350,000 posts on

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

The evidence will also be that Mr. Lilyea

10

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

11

never attempted to contact Mr. Bernath other than an email

12

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

13

contacting him and otherwise contact me as his counsel, and

14

that he has done nothing to harass, threaten or intimidate

15

Mr. Bernath.

16
17

And further, as a quick point of procedure,

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

18

MR. BERNATH:

19

THE COURT:

20

MR. BOUTIN:

21

THE COURT:

Your Honor, I can show them -Hold on.

He showed them -If I hear an interruption again,

22

we're not going to continue this.

23

know better.

You're a lawyer, you

Wait.

24

Go ahead.

25

MR. BOUTIN:

He did show them to me in

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

ask to reference them during the course of the testimony.

3
4

THE COURT:

MR. BERNATH:

May I address those two

points?

THE COURT:

MR. BERNATH:

I'm sorry?
Could I address those two

points?

10
11

We'll work around

the copy problem.

5
6

That's fine.

THE COURT:
evidence.

12

You're going to present your

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

MR. BERNATH:

Okay.

Well, I'll -- I'll

13

state under oath that I was not criminally convicted of

14

anything.

15
16

I've been a California lawyer for 30 years.

THE COURT:

Okay.

Counsel, I want to

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

17

MR. BERNATH:

18

THE COURT:

19

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

20

23

-- flow.

want to call Mr. Lilyea.

21
22

Very good.

MR. BERNATH:

I will do that.

I'll do that

right now.
THE COURT:

Okay.

Then it will be clear,

24

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

25

let's go in an orderly flow.

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So

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MR. BERNATH:

THE COURT:

Very good.
So if you want to call yourself

first, fine --

MR. BERNATH:

THE COURT:

Mr. Lilyea, that's fine.

then.

No, I don't.
-- but if you want to call

So let's call Mr. Lilyea first,

Mr. Lilyea, are you present on the phone?

MR. LILYEA:

10

THE COURT:

Yes, I am.
Okay.

The petitioner is going

11

to inquire of you questions that are relevant petitioner --

12

to the petition that's been filed.

13

And, Mr. Lilyea, you will be required to

14

answer them if I think they are appropriate and legal

15

questions to be asked.

16

inquiry.

So we will proceed with the

17

Counsel, you may inquire of this witness.

18

MR. BERNATH:

19

And I proceed under Oregon

Rule 40.180, routine practice.

20
21
22
23

DIRECT EXAMINATION
BY MR. BERNATH:
Q.

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

24

Chief Petty Officer Bernath?

25

Mr. Lilyea?

I prefer to be called that.

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A.

Me?

No, I won't.

THE COURT:

THE WITNESS:

THE COURT:

You're not.
Well, hold on a second.
I will call you Mr. Bernath.
Yeah.

You're going to be called

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

address Mr. Bernath.

7
8
9
10
11
12

Q.

Okay.

Why do you believe I'm not a chief petty

officer, honorary or otherwise?

A.

Because I have your military records and you were

never promoted to that rank.

Q.

Are you aware that the Sea Scouts have hundreds,

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

13

A.

No.

14

Q.

Are you aware that hundreds of yacht clubs in the

15

United States have commodores and chief petty officers?

16

Are you aware of that?

17

A.

No.

18

Q.

Are you aware --

19
20

MR. BOUTIN:

Object to relevancy, Your

Honor.

21

THE COURT:

22

to stick to the petition.

23

MR. BERNATH:

24

THE COURT:

Yeah.

25

Mr. Bernath, we're going

Okay.
I mean, the evidence that you

need to provide to this court is evidence that shows that

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this respondent threatened to injure you or otherwise did

something to you with words or deeds that meets the

statutory requirement to continue the restraining order.

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

debate about who posted what about you on the Internet,

whether it's true or not.

This has nothing to do with this matter.

That's not what's in this --

MR. BERNATH:

THE COURT:

10

here.

11

requirements.

Okay.

Well, let me --

You can't litigate the matter

All we can cover is do you meet the statute

12

So you can ask him about the knock on your

13

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

14

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

15

requirements, but that's it.

16

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

17
18
19
20

So feel free to ask

MR. BERNATH:
BY MR. BERNATH:
Q.

Very good.

[Continuing]

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

court, Karen Williams versus John Lilyea --

21

MR. BOUTIN:

22

THE COURT:

23

What's the question?

24
25

question first.

Objection, Your Honor.

Hold on.
Let's hear the

Testifying about what?

MR. BERNATH:

Did -- I just -- You've seen

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

acting in routine practice.

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

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

me, and that would be in his routine practice.

THE COURT:

And a judge has found that he

Okay.

So you're trying to --

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

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

question and we'll decide about that objection.

10

ask your question.

11

BY MR. BERNATH:

12

Q.

So ask your
Go ahead,

[Continuing]

Did you call up a Paul Wicker and say you were

13

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

14

in his mouth?

15

MR. BOUTIN:

16

THE COURT:

17

Answer the question, Mr. Lilyea.

18

THE WITNESS:

19
20
21

Q.

Objection, Your Honor.

I'll allow it.

No, I did not.

Did you hear Karen Williams so testify under oath

in this court in Wasco, Maryland?

A.

22

Yes, I heard it.

MR. BOUTIN:

Your Honor, in order to

23

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

24

inquiry?

25

THE COURT:

Sure.

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MR. BOUTIN:

THE COURT:

Q.

Okay.

4
5

Thank you, Your Honor.

Continuing objection.

So -THE COURT:

Q.

So noted.

Just threaten to decapitate his knees and head,

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

Does that refresh your recollection?

A.

not say that.

10
11

Q.

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

Did you say that you were going to defecate on

his mother -- his mother's grave?

12

A.

No, I did not.

13

Q.

Okay.

14

Let's talk about what the Court said.

THE COURT:

Mr. Bernath, I'm going to cut

15

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

16

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

17
18

MR. BERNATH:

Okay.

he acted in character --

19

THE COURT:

20

MR. BERNATH:

21

But --- which was his habit of

terrorizing people who they picked on as a target.

22

THE COURT:

Well, you need to show that he

23

did it to you.

24

going to cut it for -- I mean --

25

I'm trying to show that

Showing he did it to somebody else isn't

MR. BERNATH:

Well, I don't want to argue

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

THE COURT:

Right.

But habit requires more

than one time.

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

sun's going to rise in the morning.

is of a certain nature.

Habit evidence is of a standard that is,

I mean, habit evidence

This is not habit evidence, what you're

soliciting.

this wrong.

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

10

MR. BERNATH:

11

THE COURT:

Well, okay -You've got to prove to this

12

court that the allegations you've made about this

13

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

14

order needs to be continued.

15
16

MR. BERNATH:

And I'm going to -Well, I'm there.

Your Honor.

17

THE COURT:

18

MR. BERNATH:

Well, then stick to that issue.

It's very easy, Your Honor.

19

Lilyea threats to a person called Dallas.

20

BY MR. BERNATH:

21

I'm there,

Q.

[Continuing]

Do you remember sending an email to a guy called

22

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

23

your ignorant ass, I already have your address and the

24

means to get there?

25

Dallas Whittinger of Florida?

Do you remember sending that email to

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A.

You mean Dallas Wickentide?

Q.

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

way, I'll do it my way.

Did you in fact send an email saying, I

personally am going stomp your ignorant ass, I already have

your address and the means to get there?

that email?

MR. BOUTIN:

THE WITNESS:

10
11

Before -No.

MR. BOUTIN:

-- you answer, objection;

relevancy.

12

MR.

13

showing his habit.

14

BERNATH:

THE COURT:
answer the question.

16

ahead, answer the question.

17

THE WITNESS:

18

sending it, but I may have.

19

21

Q.

Okay.

I'm going to allow you to

I'll overrule the objection.

THE COURT:
BY MR. BERNATH:

I'm showing his pattern, I'm

Okay.

15

20

Did you send him

Go

Honestly, I don't remember

All right.

[Continuing]
Let's get to the present.

Now, you

22

testified that your memory -- in Montgomery Court, you

23

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

24

A.

No, I'm not saying [indiscernible].

25

Q.

Okay.

You have ALS, correct, Lou Gehrig's

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disease?

A.

Yes, I do.

Q.

Has any doctor told you that there's a mental

component and a mental deficiency related to your ALS?

A.

No.

Q.

All right.

Let me then -- If I ask you a

question, then you can answer it, then?

A.

Mr. Bernath.

10

Q.

Sure.

Okay.

And that's what I've been doing,

Let me ask you this:

Do you recall on

11

February 13th, 2014, on your website, posting this:

12

your WANTED poster for Daniel Bernath who was never a chief

13

petty officer, honorably or otherwise.

14

doing that?

15

A.

Yeah, I do.

16

Q.

Okay.

18

A.

You don't need to.

19

Q.

Okay.

20

A.

[Indiscernible].

21

Q.

I'll identify it.

17

22
23
24
25

Here's

Do you remember

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

you.
I know what it says.

I'm asking the questions.

Did you want to say something?

THE COURT:

No.

Mr. Bernath, let me ask --

The witness has testified that he posted it.

Let me ask counsel, Counsel, do you have any
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objection?

Is this what was posted?

is what was posted online?

try to move this along.

4
5

Do we all agree this

MR. BOUTIN:

Since your witness isn't here,

Mr. Lilyea, did you create this

poster?

THE WITNESS:

No, I did not.

MR. BERNATH:

He's trying to cross-examine

him now.

THE COURT:

10
11

Hold on.

The question was did he post it online, and

he answered --

12

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

13

THE WITNESS:

14

THE COURT:

15

MR. BOUTIN:

16

Yes, I did.
Okay.
Your Honor, it appears to be

the poster that's at issue, yes.

17

THE COURT:

18

MR. BERNATH:

19

[indiscernible].

20

BY MR. BERNATH:

21
22

Q.

Okay.
Okay.

They'll stipulate to

[Continuing]

Let's just read some of it.

THE COURT:

Well, why don't -- to move this

23

along, I can read it.

24

Court, offer it as an exhibit --

25

Thank you.

MR.

If you want to present it to the

BERNATH:

I just want to know what he

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meant.

THE COURT:

MR. BERNATH:

THE COURT:

what it means.

BY MR. BERNATH:

Q.

What he what?
What this means.
Okay.

You can inquire about

[Continuing]

Okay.

Let me ask you a question or two about

this poster that you admit that you posted.

Now, all the

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

10

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

11

downtown Portland; isn't that correct?

12

to go into that today.

13

So we're not going

Correct?

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

14

said on this poster related to this restraining order.

15

Correct?

16
17

That's where I'm going to go.

MR. BOUTIN:

Your Honor, object to the form

of the question.

18

THE COURT:

19

MR. BOUTIN:

Yeah.
He said he posted it, he did

20

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

21

MR.

BERNATH:

I don't doubt that.

I know

22

who posted it, it was Guy Power of NASA.

23

THE COURT:

24

going to sustain the objection, I agree.

25

evidence that I understand from the testimony, is that it

Okay.

Hold on a second.

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I'm

That's the

41
1

was posted but not created by Mr. Lilyea.

2
3

MR. BERNATH:
understanding.

4
5
6
7
8
9
10
11
12
13
14
15

THE COURT:
BY MR. BERNATH:
Q.

A.

And you say that 60,000 people then saw this

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

Q.

All right.

So, "Subject Bernath is a liar."

Would you agree that's a derogatory term?

A.

No.

Not [indiscernible] if it's the truth, it's

not derogatory.
Q.

Okay.

So we'll leave that to the Court to decide

if that's a derogatory statement.

"Extremely annoying, there are legions of people
who agree with you."
Okay.

So I won't ask you about that.

Then you have a red circle with a line

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

20

A.

Yes.

21

Q.

Okay.

22

That's the [indiscernible]?

sounds about right.

18
19

Okay.

[Continuing]

poster, correct?

16
17

That was always my

or derogatory?

Now, would that be ridicule or harassment

Would you agree with that?

23

A.

Not if -- not if it's true.

24

Q.

Okay.

25

So if it isn't true, then it is

derogatory, correct?
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A.

Sure.

Q.

Okay.

A.

[Indiscernible].

Q.

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

tell you that I didn't create this picture.

6
7

So --

THE COURT:

Mr. Bernath, this is -- this is

not an opportunity to present evidence for you.

MR. BERNATH:

THE COURT:

10

Okay.

Then I'll proceed.

Yeah, just ask the questions.

Yeah.

11

Q.

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

12

is that an Army term or a West Virginia term?

13

please.

14

A.

It's an Internet term.

15

Q.

Piece of shit; is that right?

16

A.

As long as you're saying it, yes.

17

What is POS,

I'm not going

to talk like that in court, but go ahead.

18

Q.

What -- Okay.

19

A.

Yes, it is, normally.

20

Q.

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

21
22
23

him?

Now, is that what that POS means?

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

A.

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

fraud everywhere else in the world.

24

Q.

Well, how would they do that?

25

A.

By calling you out in public.

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Q.

Okay.

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

at me and call me out like -- what?

interface with me?

A.

How would they

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

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

earn those medals that you're wearing.

7
8

Q.

Okay.

Okay.

So they would do this in public,

correct?

A.

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

10

Q.

Okay.

11

to.

12
13

Sixty thousand people or so, you told this

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

sentence:

"Make his life hell."

14

A.

Yes.

15

Q.

You posted that, correct?

16

A.

I'm sorry.

17

Q.

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

18

What did you say?

that phrase about me, Daniel Alan Bernath?

19

A.

Sure.

20

Q.

Okay.

What did you mean, "make his life hell"?

21

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

22

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

23

that they pull his membership?

24

newspaper and say that he was a fraud?

25

TV, radio show and say, he's a fraud?

Go to The Oregonian

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Go to Lars Larson
Is that what you

44
1
2
3
4
5

meant by "make his life hell"?

A.

I -- No, not necessarily.

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

Q.

Well, your -- your coconspirator, codefendant,

Terence Hoey, did.

Now --

MR. BOUTIN:

MR.

THE COURT:

For one thing, when I

Well, I'm going to --

BERNATH:

He's going to --

Well, I'm going to cut you

off --

10

MR. BERNATH:

11

THE COURT:

Okay.
-- before Counsel says anything,

12

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

13

trying any other elements of any other continuing

14

litigation, just this issue.

15

MR. BERNATH:

16

THE COURT:

17

MR. BERNATH:

18

THE COURT:

19

22

So -Okay.
Any more questions about this

document?

20
21

Okay.

MR. BERNATH:
BY MR. BERNATH:
Q.

Yes.

Okay.

[Continuing]

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

23

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

24

in stress induced shingles?

25

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

Is that "make his life hell"?

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A.

No.

Part of making his life hell would be like,

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

the country, you know, things like that.

4
5

Q.

Okay.

So you'd abuse process, but you wouldn't

cause me shingles; is that right?

A.

No.

Q.

Okay.

Well, let me ask you another question.

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

of this poster and what you posted.

10

making my life hell?

11

to see my wife suffer?

12

A.

Was this -- was this

Was that part of making my life hell,

The only time that you communicated to me about

13

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

14

under this restraining order.

15

Q.

Okay.

So --

16

A.

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

17

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

18

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

19

Q.

Okay.

So there is a bright line about how you

20

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

21

wife suffering heart palpitations.

22

A.

23
24
25

Is that your testimony?

Yeah, I guess so.

MR. BERNATH:

I would move to enter Exhibit

1.
THE COURT:

Any objection?

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MR. BOUTIN:

THE COURT:

Okay.

Thank you.

Any further

questions of this witness?

4
5

No objection, Your Honor.

MR. BERNATH:
BY MR. BERNATH:
Q.

I have to take a look.

[Continuing]

Oh, okay.

Now, on your website -- and I'll just

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

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

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

10

wrote it?"

11

you would adopt that today?

12

A.

13

saying.

14

Q.

15

Isn't that correct, you said that in court and

I'm sorry.

I didn't understand what you were

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

Lilyea that wrote it, yes?

16

A.

Yes.

17

Q.

Okay.

So how to be a good phony soldier, that

18

you posted February 9th, 2014.

19

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

20

that shit on."

21

A.

So you said, "So we're

Correct?

Well [indiscernible].

22

MR. BOUTIN:

23

THE WITNESS:

Objection.

24

said generally to the public.

25

Bernath."

It wasn't said to you, it was

It doesn't say, "dear Daniel

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2

Q.

February 9th, 2014.

This was -- We're talking

about your motivation to do what you did to me.

Now, you're really unhappy that the Stolen Valor

Act was knocked down by the Supreme Court.

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

You said, "Even

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

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

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

of public opinion."

Isn't that your feelings?

10

A.

Yeah, I wrote that.

11

Q.

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

12

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

13

Those are your words?

14

A.

I wasn't talking to you, was I?

15

Q.

No.

16

A.

I made a general statement.

17

It was not made to

Daniel Bernath.

18

Q.

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

19

A.

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

20

of somebody completely different when I wrote that line.

21

Q.

22

as we speak?

23

A.

Yes, it is.

24

Q.

"You're only going to be further humiliated if

25

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

you do it in the public forum."

That says, don't sue me,

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right?

You remember saying that?

A.

Yeah, I wrote that.

Q.

"I sleep with a .45 by my bed.

I have another

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

at all times."

A.

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

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

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

.357 on my hip."

10
11

Q.

Well, okay.

a second.

12
13

THE COURT:

MR. BERNATH:

18

Could I have one more minute?

This is the key point.

16
17

Mr. Bernath, I'm going to stop

you here for a second.

14
15

We'll look at those weapons in just

THE COURT:

Okay.

Then get to the key

point.
Q.

You're really angry about the Alvarez case, US

19

versus Alvarez, as you've testified.

And I'm going to read

20

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

21

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

22

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

23

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

24

place where folks can come and throw rotten tomatoes at

25

valor thieves.

The Supreme Court gave us a warrant to be

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the Internet's vigilantes and bounty hunters."

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

A.

Sure.

Q.

Okay.

You said

I just want -- Isn't that funny how you

can never find something when you want it.

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

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

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

30-bullet magazine.

This is something that I found on the

10

Internet under your name.

11

that you posted of your arsenal?

12

MR. BOUTIN:

Does this sound like a picture

Objection, Your Honor.

We need

13

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

14

photograph.

15
16

MR.

BERNATH:

I identified it as

Petitioner's number 8.

17

THE COURT:

I'm going to --

18

MR. BOUTIN:

The witness --

19

THE COURT:

I'm going to sustain the

20

objection, I think it's too vague.

21

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

22

saying -- asking a question about something you might have

23

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

24

BY MR. BERNATH:

25

Q.

Okay.

You can ask him if he

[Continuing]
Is this a picture you posted on the
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Internet?

You did mention that you have a large magazine

for your pistol because it pisses people off because they

think it's scary looking.

MR. BOUTIN:

Is that correct?
Your Honor, same objection.

The witness cannot identify the photograph and the witness

has --

THE COURT:

MR. BOUTIN:

THE COURT:

Yeah, I'm going to sustain it.

[Indiscernible].
You can ask him if he's posted

10

pictures on the Internet of guns he owns.

11

BY MR. BERNATH:

12

Q.

[Continuing]

Do you have a picture of guns on the Internet

13

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

14

that magazine because it makes people angry or pisses them

15

off or something like that?

16
17
18
19

A.

Yes?

No?

Yeah, that picture that I posted, I posted about

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

Q.

You didn't take them down when you started your

campaign on me, though, did you?

20

A.

No.

21

Q.

Okay.

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

22

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

23

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

24

the poster again.

25

printed up so that people could mail it all over the

So did you take this poster and have it

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country?

A.

No.

Q.

Okay.

A.

Yes.

Q.

Who did that?

A.

I'm waiting to see if my lawyer objects.

Q.

He isn't.

Do you know who did that?

MR. BOUTIN:

THE COURT:

10
11

Go ahead.
You can answer the question.

THE WITNESS:
was.

Okay.

Yeah, I know who it

It was one of my readers, Frankie.

12

Q.

Okay.

13

A.

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

14

Q.

Frankie C, correct?

15

A.

Yeah.

16

Q.

Okay.

17
18

Frank Carlisle, correct?

Now, one of your readers --

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

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

19

THE COURT:

20

MR. BERNATH:

21

Right.
-- but I'm going to read this

to the Court.

22

THE COURT:

I'm going to cut you off,

23

because here's the problem:

Petitioner, you're making a

24

strong case about what you think are defamatory statements

25

made by -PACE REPORTING

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MR. BERNATH:

THE COURT:

No, Your Honor.

-- Respondent, or statements

that you think are intended to injure you.

MR. BERNATH:

5
6

I'm just tracking the statute,

Your Honor.
THE COURT:

I understand where you're trying

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

with what you've got.

evidence to meet the statutory requirement.

The -- But so far I'm not hearing

What I hear is

10

an ongoing battle between two people about what or was not

11

the truth about this picture.

12

And I hear things being said that are

13

derogatory and are disconcerting, but that's what civil

14

defamation lawsuits are for.

15

Restraining orders -- The statutory

16

requirement for a restraining order for elder abuse

17

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

18

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

19

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

20

evidence you're presenting.

21

MR. BERNATH:

22

THE COURT:

23

Well, could I argue the point?

You need to -- Yes, you need to

connect the dots --

24

MR. BERNATH:

25

THE COURT:

Okay.
-- because at the end of the

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

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

3
4

MR. BERNATH:

Well, it rises much higher

than that.

THE COURT:

Well --

MR. BERNATH:

I'm looking at the statute, it

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

causing me stress, causing me shingles, painful shingles.

It's

ORS 124.005 1 (d), willful inflicting of

10

physical pain or injury.

11

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

12

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

13

equivalent of that.

14

this torrent of people to harass me.

15

124.005 1 (e) -- and this is the

What I care about is they set loose

Now -- and it could be defamation too, but

16

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

17

inappropriate names, phrases or profanity, ridicule,

18

harassment, coercion, threats, cursing, intimidation,

19

conduct of such a nature as to threaten significant

20

physical, emotional harm to the elderly person.

21

This is the crux of the case.

Him turning

22

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

23

within 124.005 1 (e).

24
25

I have one last statement before I release

this witness, if I may.

This can go on for another

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

he...

BY MR. BERNATH:

Q.

[Continuing]

"A tall, muscular man in a hammer and cycle

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

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

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

8
9

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

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

10

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

11

60,000 people?

12

A.

I'm sorry.

13

Q.

No question.

14
15

What was the question?

Forget it.

THE COURT:
you want to offer?

Do you have any other evidence

Are you finished with this witness?

16

MR. BERNATH:

17

THE COURT:

18

MR. BOUTIN:

19

Yes.
Okay.

I will inquire of Mr. Lilyea

later, Your Honor.

20

THE COURT:

21

MR. BERNATH:

22
23
24
25

Any re -- cross?

Okay.

Now --

Now, if I'm going to testify,

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

THE COURT:

No.

You can remain seated.

So

tell me what other evidence you want me to consider.

MR. BERNATH:

Okay.

I want to show you the

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

at the Elderly Persons and Persons With Disabilities Abuse

Prevention Act Bench Guide.

I broke out in shingles because of the

stress being caused to me because of the poster, and

Exhibit 3 is one of that.

Exhibit 4 also shows the shingles that I

broke out in.

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

10

Exhibit 5 shows the early signs of shingles,

aftermath.

11

Now --

12

THE COURT:

13

pictures of yourself?

14
15

Are you testifying those are

MR. BERNATH:

This -- These two are medical

pictures.

16

THE COURT:

17

MR. BERNATH:

18

drop what you're doing, come in right now.

19

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

20

great.

21

THE COURT:

Got it.
I called the VA, and he said,
So I stopped it

I just want evidence of what

22

you're saying you have.

If you have a picture of yourself

23

that you want to offer into evidence of the shingles that

24

you say were caused by the respondent, show me that

25

evidence.
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2

MR. BERNATH:

Very good.

THE COURT:

MR. BERNATH:

THE COURT:

Show them first to Counsel.

He's seen them.
Counsel, do you have any

objection to the photos?

7
8

Shall I

approach the bench or --

3, 4, 5.

MR. BOUTIN:

No objection to the photos, if

a foundation is laid.

THE COURT:

Okay.

10

MR. BERNATH:

11

THE COURT:

I move them into evidence.

So I -- Counsel's noting that

12

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

13

telling me these are pictures of you?

14

THE WITNESS:

15

THE COURT:

16

MR. BERNATH:

17

THE COURT:

18

MR. BERNATH:

19

And I had medical treatment.

20

Yes.
And when were they taken?
April -Of what year?
-- 14th, of 2014.
They said,

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

21

The doctor came out from meeting with a

22

patient to meet with me.

He examined me along with a

23

paramedic.

24

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

25

outbreak of the blisters.

And they immediately gave me some sort of drug,

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THE COURT:

I'll allow the photos, so

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

Any other evidence that you want to offer?

MR. BERNATH:

Yes.

So after the poster was

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

there, I saw bushes near the street moving.

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

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

it's a Sunday.

10

I see the bush moving.

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

11

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

12

nobody.

13

knock, knock, knock.

It sounded like it was on the glass, like a light

14

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

15

the front door.

16

look out, no one's there.

17

I hear a loud knock at the front door, I

The National VFW contacts me and says that

18

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

19

Tualatin VFW --

20

MR. BOUTIN:

21

THE COURT:

22

MR. BERNATH:

23
24
25

The local

Objection; relevance.
Yeah.

I'll sustain --

This has unleashed hell on me,

and I'm -THE COURT:

I understand your position,

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

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MR. BERNATH:

Well, this is what he did.

The Oregonian calls me, writes me, says that

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

Lilyea

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

you going live.

then they said what -- what publication.

The Oregonian.

And Lilyea says, tomorrow, meaning -- and

And they said,

So I had a discussion with The Oregonian and

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

10

severe price, and they didn't publish anything.

11

directing The Oregonian.

12
13

So if I could just have a moment with my

thoughts.

14

THE COURT:

15

MR. BERNATH:

16

MR. LILYEA:

17

THE COURT:

18

Okay.
And then I'll be done.
I'm still the witness, right?
You'll get your chance, your

lawyer can ask you questions in a little bit.

19
20

MR. BOUTIN:

Just stand by, Mr. Lilyea.

We'll get to you shortly.

21

MR. LILYEA:

22

MR. BERNATH:

23

So Lilyea

All right.
Okay.

That's all my testimony

at this point.

24

THE COURT:

25

MR. BERNATH:

Okay.
I do -- I do want to enter

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Exhibit 13.

the WANTED poster to 60,000 people.

3
4

I mentioned that this is where Lilyea posted

You've seen this, right?

to read it.

MR. BOUTIN:

THE COURT:

MR. BERNATH:

No objection to 13.
Okay.
I move it into evidence, Your

Honor.

9
10

THE COURT:

All right.

Thank you.

12

MR. BERNATH:

Mr. Lilyea?
MR. BOUTIN:

No, I'd like to cross-examine

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

21

MR. BOUTIN:

22

THE COURT:

Okay.
-- in chief, if I may.
All right.

You may do so.

apologize.

24
25

So Petitioner will

Respondent, you call -- you want to call

20

23

All right.

rest his case in chief.

18
19

So that's all I would have at

THE COURT:

16
17

Okay.

this point.

14
15

I'll accept

Petitioner's 13 with no objection.

11

13

Took a long time

MR.
13.

BOUTIN:

I'd like to go back to Exhibit

And that's the only copy we have, Your Honor, so -PACE REPORTING
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THE COURT:

MR. BOUTIN:

Sure.
-- if I may get it back from

the Court.

I will represent to the Court that it seems

to be some 40 pages of material.

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

on page 40 --

8
9

MR. BERNATH:

By survey, I believe that

Is there a question for me,

Your Honor?

10

THE COURT:

11

MR. BOUTIN:

Just a minute.
Getting to it.

12
13
14
15

CROSS-EXAMINATION
BY MR. BOUTIN:
Q.

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

16

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

17

in this exhibit is authored by Mr. Lilyea?

18

A.

I would have to say yes.

19

Q.

Okay.

20

Can you tell me what posting names you

believe are authored by Mr. Lilyea?

21

A.

22

over --

23

Q.

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

Okay.

No.

I want to know, what are you saying

24

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

25

made by Mr. Lilyea?

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A.

Well, let me look.

You have the -- Unmarked, the

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

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

So he said that.

Q.

page 1.

A.

And then page 2 --

Can we go back a second.

So this is the mark on

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

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

yellow.

10

Item number 36, John Lilyea states something to

11

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

12

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

13

Mr. Lilyea for sure.

14
15
16

Q.

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

Go on.
A.

And then a second post that says John Lilyea.

17

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

18

filed harassment complaint with the local police, John

19

Lilyea says --"

20

Q.

I'm not asking you to read.

I'd just like you to

21

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

22

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

23

by Mr. Lilyea?

24

A.

Yes.

25

Q.

Tell me which ones those are, other than those

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2

statements that I've referenced.

A.

Okay.

I would have to say that based upon his

ability to change names on his website that I cannot give

an accurate answer.

Montgomery County Court where he said --

Looking only to his testimony in

Q.

Well, without getting into that --

A.

-- that [indiscernible] --

8
9

THE COURT:

Hold on.

Let me make this

simple.

10

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

11

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

12

other way of establishing that it's him?

13

know, then you don't know.

14
15
16

THE WITNESS:

If you don't

Oh, I see what you're saying.

Well -THE COURT:

Because, I agree, you can't know

17

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

18

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

19

THE WITNESS:

Well, I don't even know if

20

John Lilyea said these things except by his own testimony.

21

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

22

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

23

the woman in Topeka.

24

she should sue me.

25

where it is in this.

And he told the woman in Topeka that

So that was another one.

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I don't know

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1

THE COURT:

THE WITNESS:

Okay.
So that was another example of

him making my life hell [indiscernible] people.

MR.

BOUTIN:

So we'll direct the Court's

attention to the only relevant parts of this document,

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

THE COURT:

MR. BOUTIN:

Okay.
And page 32 is a -- Well, the

document speaks for itself.

10

THE COURT:

11

may continue your inquiry.

12

BY MR. BOUTIN:

Okay.

Thank you.

Okay.

You

[Continuing]

13

Q.

Mr. Bernath, where do you reside today?

14

A.

I slept last night in Tigard, Oregon.

15

Q.

Is that a residence that you have?

16

A.

No.

17

Q.

Where is your residence?

18

A.

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

19

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

20

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

21

resided.

22
23
24
25

Q.

How long did you reside in each of those

locations?
A.
weeks.

In Florida, weeks or months at a time.

Cruises,

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

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1
2
3
4

or so.
Q.

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

Florida?
A.

I'm not going to tell you.

THE COURT:

THE WITNESS:

I'd ask for a protective order because they

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

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

10

You need to answer the question.

3900 Summerlin, Fort Myers.

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

11

This is how relentless they are, making my

12

life hell.

So I'd ask for a protective order

13

[indiscernible] send me something.

14
15

THE COURT:

Well, open testimony in court, I

can't --

16

THE WITNESS:

I'm not going to put my wife's

17

life in danger.

18

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

19

where my wife is.

20

So you can put me in jail for contempt,

THE COURT:

Well, let's -- we'll let Counsel

21

inquire, we'll make a judgment each --

22

BY MR. BOUTIN:

[Continuing]

23

Q.

Is 3900 a residence or is that a mailbox?

24

A.

That's a mailbox.

25

Q.

So that's not a residence?

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1

A.

You said it, yes.

Q.

All right.

3
4

And are you otherwise refusing to

disclose where you reside in Florida?

A.

Yes; that would be the noticed motion for a

protective order.

after you sit here and make my life hell.

be targeting my wife and daughter.

8
9

Q.

Okay.

I'm not going to tell you where I am

And that would

I'm going to hand you what I've marked a

copy of Exhibit 101 --

10

THE COURT:

Thank you.

11

Q.

-- and ask you if you recognize this document.

12

A.

No.

13

Q.

Do you deny that you were convicted in US

14

District Court in case CVB OR45-1208446?

15

A.

I don't --

16

Q.

-- of disorderly conduct?

17

A.

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

18
19

ticket is a conviction.
Q.

It may be a violation.

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

20

not talking about a traffic ticket, sir.

21

about disorderly conduct.

22
23

We're talking

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

is that a different Daniel Bernath?

24

A.

No, that's me.

25

Q.

Okay.
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1
2

THE WITNESS:
Your Honor?

3
4

Could I ask for relevance,

THE COURT:
objection.

I'll -- I'll overrule the

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

MR. BOUTIN:

THE WITNESS:

This relates to Dan Hyatt, for

the last four years [indiscernible].

8
9

Offer the exhibit, Your Honor.

THE COURT:

Well, I'll let you testify about

that --

10

THE WITNESS:

11

THE COURT:

12

it for now.

13

allowed.

14

BY MR. BOUTIN:

Okay.
-- in response, but I'll allow

Exhibit 101's allowed, Respondent's 101 is

[Continuing]

15

Q.

Mr. Bernath, do you drive a car?

16

A.

Yes.

17

Q.

Fly an airplane?

18

A.

Yes.

19

Q.

The reason you resided in ten different states in

Well --

20

the last six weeks is because you flew your airplane to

21

Florida?

22

A.

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

23

Q.

You said you testified [sic] in ten different

24

states in the last couple of months.

25

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

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Is that because you

67
1
2
3
4
5

ten different states?

A.

I wouldn't -- approximately ten different states.

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

Q.

Okay.

Did you land in ten different states when

you flew to Florida?

A.

Approximately, yes.

Q.

Okay.

When you said you resided in ten different

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

Florida in your airplane?

10

A.

No.

I was a tourist, I sought instruction.

11

Q.

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

12

what I've marked as Exhibit 102.

13

sent to me on May 16th.

14

me this email?

This is an email that you

Were you in Florida when you sent

15

A.

I don't remember.

16

Q.

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

17

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

18

take a nap, then go to Home Depot."

19

recollection?

20

A.

No.

21

Q.

Do you have any trouble laying tile, sir?

22

A.

I don't lay tile.

23

Q.

Then why did you write here, we are putting down

24
25

Does that refresh your

tile in our new home in Florida?

MR. BERNATH:

I object.

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He's assuming facts

68
1

not in evidence.

don't know where this email came from.

3
4

Q.

I don't remember ever saying this and I

Do you deny that you are Daniel Bernath at

ussyorktowncvs10@yahoo.com?

A.

Do I deny that?

Q.

Yes.

A.

I use that account from time to time, yes.

Q.

So you acknowledge that that's your email

address?

10

A.

What do you mean by mine?

11

Q.

Do you send email using that address?

12

A.

From time to time.

13
14
15

However, I have no

recollection of this email.

Q.

Okay.

Are you denying that you sent this email

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

16

A.

I don't recall.

17

Q.

Okay.

18

A.

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

19

Q.

Okay.

20

A.

Or Photoshop.

21

Yes?

22
23

THE COURT:
Q.

Just answer the questions.

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

24

103, ask you to read that exhibit.

I'm not going to ask

25

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

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

service record.

that is inaccurate today?

4
5
6
7
8
9
10

A.

I'm not in the Navy any more.

Q.

I'm asking if any of the information on this

document is inaccurate today.

A.
in 1970.

I was discharged from the Navy from active duty

This is 40 years ago, 44 years ago, it's totally

irrelevant to anything here.

THE COURT:

THE WITNESS:

The

I made an objection, Your

Honor.

15
16

That's not the question.

question is --

13
14

Is that what

you're asking me?

11
12

Is there any information on this document

THE COURT:

The question is is this -- And

what's your objection?

17

THE WITNESS:

It's totally irrelevant, it

18

doesn't prove or disprove anything in substantial dispute

19

or will prove or disprove any element.

20

Navy 44 years ago has nothing to do with anything.

21

THE COURT:

That I was in the

Well, you earlier testified that

22

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

23

accurate.

24

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

25

This evidence is a contention that it is

THE WITNESS:

All right.

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THE COURT:

THE WITNESS:

-- so answer the question.

This looks to be a -- I don't

know.

before.

what's accurate or inaccurate on that.

BY MR. BOUTIN:

7
8

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

Q.

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

[Continuing]

And hand you what's been marked as Exhibit 104

and ask you if you recognize this document.

A.

Ask me what?

10

Q.

Do you recognize this document?

11

A.

No.

12

Q.

Do you know John Shepard?

13

A.

No.

14

Q.

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

15

Exhibit 105 and ask you if you recognize that document.

16

A.

Yes.

17

Q.

Okay.

18

A.

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

What is the source of this document?

19

in 2005, and I had a professional photographer make a

20

portrait of me.

21

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

22

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

23

picture the professional photographer took 20 years ago of

24

me.

25

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

The rest, I have no idea.

Q.

Do you know who made that document that's Exhibit

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105?

A.

You didn't mark it.

Q.

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

A.

Do I know who -- what?

Q.

Do you know who created that image?

A.

I think Mark Seavey did.

Q.

Okay.

8
9
10

What's 105?

Do you have any reason -- why do you

believe Mark Seavey created this?

A.

Because he also put my head on a lieutenant

commander or a captain's head.

11

Q.

Do you know of a website called A Special Day?

12

A.

Yes.

13

Q.

What is that website?

14

A.

It's a root directory that has many websites

15

attached to it.

16

Q.

What is your affiliation with that website?

17

A.

None.

18

Q.

Do you post on it?

19

A.

No.

20

Q.

Do you control it?

21

A.

No.

22

Q.

Do you know who does?

23

A.

No.

24

Q.

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

25

Exhibit 106.

I'll represent to you that this is a

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

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

the identifier at the top of the web page was Daniel

Bernath.

creator of this website?

Do you know why your name would appear as the

A.

No.

Q.

Do you recognize any of the content that appears

8
9

on this website?
A.

No -- Well, yeah.

I think it's -- Just a second.

10

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

11

of the American Legion has Photoshopped a picture of me as

12

a Navy captain.

13

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

14

made me a Navy captain, so...

15
16
17

Q.

And it's unmarked, it has no numbers on

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

general counsel of the American Legion?

A.

No, he's not general counsel.

He's the new media

18

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

19

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

20

think are misusing the uniform, or not wearing the uniform

21

correctly.

22

So this is what he sent me.

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

23

THE COURT:

24

MR.

25

BOUTIN:

Well -Few more questions and then I

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

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1
2

THE COURT:
Q.

Okay.

The first image that appears out of the 62 pages

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

and it accused Mr. Lilyea of being a murderer.

who created that image?

Do you know

A.

No.

Q.

The second page has a further picture of John

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

with posting heads of victims on pikes.

10

Do you know who

created that image?

11

A.

I know that John Lilyea said that.

12

Q.

No.

13

A.

No.

14

Q.

Do you recognize -- Did you create any of the

15

Do you know who created that image?

other images that are on this page?

16

A.

Absolutely not.

17

Q.

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

18

I know nothing about Photoshop.

A Special Day website?

19

A.

That's right.

20

Q.

Did you at any time in the last ten years operate

21

A Special Day as a website?

22

A.

No.

23

Q.

Did you ever have a photography business called A

24

Special Day?

25

A.

Yes.
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1

Q.

Did you operate a website for it then?

A.

Yes.

Q.

And that was called A Special Day?

A.

Yes.

Q.

And you were a photographer, correct?

A.

I was a photographer, yes.

Q.

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

A.

Yes.

Q.

And you know nothing about Photoshop?

10

A.

Photoshop was invented in 2000 -- the year 2000

11

or something.

12

Q.

Are you taking any medications today?

13

A.

Yes.

14

Q.

Have you ever met John Lilyea in person?

15

I stopped being a photographer's mate --

Have

you ever seen him in person?

16

A.

You mean where I looked at him and saw him?

17

Q.

Have you ever seen him in person?

18

A.

No.

19

Q.

Have you ever seen him at your house in Tigard?

20

A.

I believe I saw him moving the bushes or an agent

21

I've avoided him.

of him moving in my bushes.

22

Q.

No.

Did you ever see Mr. Lilyea at your house in

23

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

24

was?

25

A.

Objection.

You've got a compound question.

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Did

75
1

I see his body?

activities?

Q.

No.

Did I see face?

No.

Did I see his

Yes.

Your earlier testimony is you saw no one all the

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

that still your testimony?

Is

A.

Yes.

Q.

Are you employed?

A.

No.

Q.

When was the last time you were employed?

10

A.

Since the VA declared me disabled and Social

11

Security disabled.

12

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

13

two thousand -- four years ago.

14

Q.

Let me think.

That must have been

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

15

the conduct that led to your criminal conviction for

16

disorderly conduct?

17

A.

No.

18

Q.

It was some other conduct that led to that

19

criminal conviction?

20

A.

Yes.

21

Q.

What conduct was that?

22

A.

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

23

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

24

had a crutch.

25

I walked to the elevator.

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Dan Hyatt, who's just

76
1

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

was already in the elevator.

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

the elevator, I was surrounded by people.

beat me twice.

He ran to the front of the

I then came to this court and got a restraining

order him -- against him the next day.

court because he's a federal --

THE COURT:

I then went to

THE WITNESS:

11

THE COURT:

Where are you going?

10

12

He then chest

He -He asked a question, and you're

going beyond the scope of the question.

13

So any further questions, Counsel?

14

THE WITNESS:

Well, I want to answer that --

15

MR.

A few more things.

16

THE WITNESS:

17

THE COURT:

18
19

BOUTIN:

-- what I was convicted of.

Well, he -- you answered it

wasn't [indiscernible] conduct.

MR. BERNATH:

I want to make sure --

Well, no, they called that

20

disorderly conduct in that I blocked the elevator that the

21

judge was blocking while people were around me.

22
23
24
25

THE COURT:

So you were convicted as it

relates to the incident with the judge.

MR. BERNATH:

I was convicted of blocking a

blocked elevator.
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THE COURT:

ahead, Counsel.

BY MR. BOUTIN:

4
5
6

Q.

Okay.

We have the answer.

Go

[Continuing]

When was the last time you were employed?

Approximately four years ago?

A.

That's my recollection.

Let me think.

I've

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

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

that yet.

10

So at what point I become employed again, I

don't know.

11

Q.

When was --

12

A.

Did that take the wind out of your sails,

13
14
15
16
17

[indiscernible] question?
Q.

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

going, sir.
A.

[Indiscernible]?

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

them, Counsel.

18
19
20
21

THE COURT:
Q.

How many times have you appeared on the

television show Grimm?

A.

Oh, that's right.

22
23

THE COURT:

Okay.

I was on --

I'm going to stop.

Why is this

relevant to this?

24
25

All right.

MR. BOUTIN:
further issue.

We're going to get to one

And I'll withdraw the question.

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Thank you.

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1

THE COURT:

MR. BOUTIN:

Okay.
All right.

I have no further

questions.

I take it, unless there's some rebuttal

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

chief.

THE COURT:

MR. BERNATH:

Under [indiscernible] case.

You know, I have some things I

want to point out.

THE COURT:

Well --

10

MR. BERNATH:

11

against Judge Hyatt, it lasted for a year.

12

The restraining order I got

The captain's head, John Lilyea, a partner

13

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

14

of me with a captain's body.

15

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

16

suicide.

17

THE COURT:

18

MR. BERNATH:

19

The pike where he's -- What

This is -This is my testimony, I'm

referring to that.

20

And they were discussing it on This Ain't

21

Hell.

22

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

23

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

And Lilyea said, we're going to leave this

24

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

25

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

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pike on the way to our community.

posted.

This is what John Lilyea

As for A Special Day, Counsel, maybe he did

it inadvertently, misunderstands and gives the Court bad

information.

A Special Day is a group directory.

Over

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

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

travel.

10

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

11

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

12

at one time, and that other businesses were permitted to

13

hang onto that and thereby bypass having to buy a whole

14

server plan of $50 a month.

15

directory off of the big directory and then have a redirect

16

to their website.

They could simply be a

17

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

18

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

19

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

20

have to pay a server company $50 a month.

21

THE COURT:

22

Okay.

your case --

23

MR. BERNATH:

24

THE COURT:

25

Anything else to add to

No, Your Honor.

-- in chief?

Petitioner rests?
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All right.

So

80
1

MR. BERNATH:

THE COURT:

MR. BOUTIN:

Yes.
Okay.
At this point, I'm going to

renew my motion to dismiss on the basis of jurisdiction.

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

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

Further, I would move to dismiss for two

other reasons:

Mr. Bernath is not 65 years old, he is 64.

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

10

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

11

indicate that he's in any way disabled.

12

failure.

13

So that's a

Further, he has not put on any credible

14

evidence that he has been harassed or abused within the

15

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

16

put on any evidence to indicate that he was in imminent

17

danger of further harassment and abuse.

18

As the Court has noted, clearly, Mr. Lilyea

19

and some other people do not appreciate some of

20

Mr. Bernath's conduct.

21

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

22

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

23

is this important.

24

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

25

enforced according to what it is.

Clearly, Mr. Bernath does not

Why

Because, first of all, I still happen

I also believe that this

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is abuse of the restraining order process.

The Court can take judicial notice that in

addition to the Clackamas County case where the

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

also litigation pending in Multnomah County Circuit Court,

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

for intentional infliction of emotional distress, and he's

using in those cases the finding of this Court.

This is a -- He uses this restraining order

10

as prima facie evidence of things that it is not.

So it is

11

important to address this and deal with it within the

12

context of the law.

13

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

14

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

15

not -- statute.

16

danger of further abuse.

17

He has not proven that he's in imminent

All he has testified to is that on four

18

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

19

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

20

his memorandum in opposition to the telephone appearance --

21

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

22

is the whole of the testimony.

23

testimony, the Court should dismiss it at this time.

24
25

MR. BERNATH:

That

And on the strength of that

Well, he brought up new

evidence in his closing argument.

He brings up the lawsuit

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downtown.

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

up there.

Judge Hyatt has sued me because I brought a

restraining order against him four years ago.

THE COURT:

I'm -- I'm going to strike that

reference to any evidence and the argument that Counsel's

made that's not been presented here so far.

MR. BERNATH:

Okay.

Now he says that I

haven't proved that I'm disabled.

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

10

years ago.

He asked me the

So I've done that.

11

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

12

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

13

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

14

given, but I testified as to that.

15

As to imminent harm, I'll be brutally honest

16

with the Court.

17

When I brought the temporary restraining order, the death

18

threats stopped.

And as I told my wife, I want the death

19

threats to stop.

They can call me all the bad names they

20

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

21

When I brought -- and I always have been.

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

22

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

23

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

24

have stopped when I brought the temporary restraining

25

order.

So -PACE REPORTING
503.655.4183

83
1

THE COURT:

MR. BERNATH:

All right.
So I always look at it this

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

bring you the facts.

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

here.

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

is and never come at me again.

I bring you the law, and you can do

I think that it would serve the public, it would

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

10

that because that would be going outside the record, but

11

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

12

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

13

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

14

And that's what I want the restraining order

15

to do is say stop talking about me.

You can call me all

16

the bad names you want to.

17

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

18

you know.

19

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

20

should be stopped.

They call me Bernasty pants,

But it's the telling people to make my life

21

And an order from you to tell him to not

22

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

23

There's no reason this WANTED poster should

24

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

25

it looks like.
PACE REPORTING
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84
1

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

Thank you, Your Honor.

THE COURT:

Counsel, one quick thing, on Crocker and

Thank you.

Evers, you've been patient, you guys.

Butterfield will take the case at 3:30, so you can have it

heard today.

8
9

A VOICE:

Okay.

THE COURT:

11

A VOICE:

13

Thank you, Your Honor

[indiscernible] I've already released some of my witnesses.

10

12

We've got -- Judge

Have you -I had the impression that we were

just not going to get to this.

THE COURT:

Oh.

Well, okay.

Because

14

they've been trying to find a judge for you, that's what

15

we've been doing for the last couple hours.

16
17

Is there any way you can recover those

witnesses, is it possible to call?

18

A VOICE:

19

THE COURT:

20
21
22

I don't know.
Because Judge Latourneau cannot

hear the matter next week, that's the problem.

A VOICE:

And I don't know if we'll be able

to finish this in an hour and a half either.

23

THE COURT:

24

A VOICE:

25

THE COURT:

Well -[Indiscernible].
I mean, the opportunity to start

PACE REPORTING
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85
1

it at least today might be worth it, then, with Judge

Butterfield, and you can try to continue it, get on his

calendar.

a long time to get on somebody's docket.

I mean, otherwise you're going to be looking for

I don't know if you two want to chat outside

about that and let me know, but he can take it at 3:30.

And when I finish this matter, we can take it up if we can

set a record of what we're going to do for the next steps

in the case.

10

A VOICE:

11

THE COURT:

12
13

Okay.

Thank you.

All right.

Thank you, gentlemen [indiscernible].

MR. BOUTIN:

[Indiscernible]
Okay.

So, Your Honor, we'll take

14

exception to the part of Mr. Bernath's marriage which was

15

outside the factual evidence that's been presented today.

16

THE COURT:

Right.

17

MR. BOUTIN:

18

purpose of a proceeding under Chapter 1.4.

19

has observed, in dicta, there are other forms for the rest

20

of this junior high behavior, I understand all of that, but

21

for purposes of respecting Chapter 124, basis of the motion

22

is restated, he has not put on evidence that he's disabled,

23

he has not put on evidence that he's been abused, he's not

24

put on evidence that he's in imminent danger of abuse, and

25

he has not proven that Mr. Lilyea is subject to

The issue still is what is the

PACE REPORTING
503.655.4183

As the Court

86
1

jurisdiction of this court.

MR. BERNATH:

[indiscernible] argument --

THE COURT:

MR. BOUTIN:

Okay.

Since he

Hold on.
And at the closing of his case

in chief, he has not met his burden.

THE COURT:

I understand.

I understand

where we're at.

Let me -- Like I said at the start of the

case, at the end of Petitioner's case in chief, we turn and

10

look at the evidence and decide what's here as to whether

11

or not the burden then shifts to Respondent to address or

12

counter the evidence that's presented.

13

I have to say for the record, the actions of

14

all of the parties in this case is disappointing.

15

disappointing that there are issues with behavior online,

16

you're all throwing mud back and forth about statements

17

made and things done online, but I am bound by the statute

18

and the evidence.

19

It's

And the requirement to continue a

20

restraining order is evidence sufficient to prove fear of

21

future harm.

22

of that harm to the respondent.

23

And you've got to tie that harm and the fear

It's clear the petitioner may be subject to

24

other people who are making comments.

25

is clear.

I mean, the evidence

You've offered evidence about many people that

PACE REPORTING
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87
1

may be saying derogatory things that you contest or contend

are not true.

way or the other.

not this respondent -- whether the restraining order should

be continued.

I'm not here to pass judgment on them one

I'm only here to determine whether or

And I do not find that the evidence meets

the statutory requirements to continue the restraining

order.

people --

I appreciate your dealing with a problem from

10

MR. BERNATH:

11

[indiscernible] no need to hear your voice.

12
13

THE COURT:

Well, I appreciate that

-- [indiscernible] you're

dealing with, but I --

14

MR BERNATH:

I believe that I meet the

15

statute specifically, and I'll just take it to the next

16

court.

17

THE COURT:

18

MR. BERNATH:

19

THE COURT:

20
21
22
23
24
25

Well, that's -So --- your prerogative, and I

appreciate you've got your rights.

I will dismiss this restraining order, and
that will be the finding of the Court.
And if you -- if you need to get your
exhibits back, we can figure out that process, but -MR. BOUTIN:

Appreciate that, Your Honor.

PACE REPORTING
503.655.4183

88
1

May Mr. Lilyea be excused?

THE COURT:

Yes, he may.

MR. BOUTIN:

All right.

John, go ahead and hang up, we'll call you

shortly.

MR. LILYEA:

THE COURT:

All right.

Thank you.

Petitioner, if you want to

remain here in the courtroom for a copy of the order, you

may do so.

10
11

MR. BOUTIN:
binder back, Your Honor.

12

THE COURT:

13

MR. BOUTIN:

14
15
16

I would like to get the one

Okay.
[Indiscernible] copy of the

whole 500 pages.

THE COURT:

Okay.

[End of recording]

17
18
19
20
21
22
23
24
25
PACE REPORTING
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89
1
2

C E R T I F I C A T E

3
4

State of Oregon

County of Clackamas

)
) ss.
)

6
7

I, Lisa J. Pace, Court Reporter and Notary

Public for the State of Oregon, do hereby certify that the

foregoing transcript, Pages 1 to 88, both inclusive, were

10

transcribed from the official audio record and constitute a

11

full, true and correct transcript as far as is possible,

12

taking into consideration the quality of the official

13

audiotape/CD record of the proceedings held in the

14

aforementioned matter on May 29, 2014.

15
16

Witness my hand at Lake Oswego, Oregon, this

11th day of July, 2014.

17
18
19
20

______________________________
Lisa J. Pace
Court Reporter
Notary Public for Oregon

21
22
23
24
25
PACE REPORTING
503.655.4183

1
$
$50 [2] - 79:14, 79:20

'
'95 [1] - 11:8

1
1 [15] - 26:19, 45:24,
53:7, 53:9, 53:10,
53:16, 53:23, 55:1,
61:2, 61:6, 61:22,
62:11, 63:6, 83:12,
89:9
1-503-846-2268 [1] 21:23
1.4 [1] - 85:18
10 [2] - 9:7, 50:21
100 [1] - 82:12
101 [2] - 65:9, 66:12
101's [1] - 66:12
102 [1] - 67:12
103 [1] - 68:24
10335 [1] - 2:4
104 [1] - 70:7
105 [3] - 70:15, 71:1,
71:2
106 [1] - 71:25
11th [1] - 89:16
124 [1] - 85:21
124.005 [5] - 53:7,
53:9, 53:10, 53:16,
53:23
124.010 [1] - 8:3
124.015 [1] - 55:1
124.020 [1] - 13:24
13 [4] - 59:1, 59:5,
59:10, 59:25
13th [1] - 38:11
14 [2] - 7:3, 7:15
1401-00633 [1] - 81:6
14th [1] - 56:18
16th [1] - 67:13
18 [1] - 28:24
1970 [1] - 69:9
1994 [1] - 11:8
19th [1] - 14:9
1:15 [2] - 8:21, 57:14
1:29 [2] - 8:19, 57:11

2
2 [3] - 6:15, 61:4, 61:7
20 [3] - 9:7, 70:20,
70:23
2000 [2] - 74:10
2005 [1] - 70:19
2013 [1] - 6:21

2014 [7] - 1:19, 38:11,

46:18, 47:1, 56:18,
89:14, 89:16
232 [2] - 7:3, 7:14
235 [2] - 7:3, 7:14
24 [1] - 63:25
29 [1] - 89:14
29th [1] - 1:19

3
3 [6] - 6:21, 6:24, 8:3,
55:6, 56:1, 57:2
3,000 [2] - 7:8, 7:13
3/16/14 [2] - 8:13, 57:5
30 [2] - 30:14, 50:13
30-bullet [1] - 49:9
31 [2] - 3:5, 6:16
32 [5] - 60:6, 61:14,
61:22, 62:11, 63:8
33 [1] - 61:17
350,000 [1] - 29:7
357 [2] - 48:4, 48:9
36 [1] - 61:10
37 [2] - 6:19
3900 [2] - 64:6, 64:23
3:30 [2] - 84:6, 85:6
3:50 [2] - 8:15, 57:7

4
4 [4] - 55:1, 55:7, 56:1,
57:2
40 [6] - 60:5, 60:7,
61:22, 62:11, 63:6,
69:9
40.180 [2] - 31:19,
36:1
405 [1] - 2:10
44 [2] - 69:9, 69:20
45 [5] - 48:3, 48:4,
48:7, 48:8, 49:8

5
5 [3] - 55:8, 56:1, 57:2
5/11 [1] - 8:18
5/11/14 [1] - 57:10
5/12 [1] - 57:11
5/12/14 [1] - 8:19
5/23 [1] - 57:14
5/23/14 [1] - 8:21
50 [1] - 11:24
500 [3] - 6:1, 27:8,
88:14
5005 [1] - 2:10
503-601-6800 [1] 2:11
53 [1] - 3:7
59 [1] - 6:24

6
6 [1] - 55:9
60 [3] - 3:7, 6:24
60,000 [6] - 41:6,
53:22, 54:11, 59:2,
83:13, 83:24
62 [1] - 73:2
64 [1] - 80:8
65 [1] - 80:8

7
7 [2] - 35:6, 55:9

8
8 [3] - 35:6, 49:6,
49:16
88 [1] - 89:9

9
9 [2] - 13:24, 49:6
97035 [1] - 2:11
97224 [1] - 2:5
98 [1] - 35:6
9th [2] - 46:18, 47:1

A
abilities [1] - 9:1
ability [1] - 62:3
able [2] - 21:24, 84:21
above-entitled [1] 1:15
absolutely [1] - 73:16
abuse [8] - 8:8, 10:19,
45:4, 52:16, 80:17,
81:1, 81:16, 85:24
Abuse [1] - 55:2
abused [3] - 80:14,
81:14, 85:23
accept [2] - 5:11, 59:9
accepted [1] - 5:21
according [3] - 46:7,
80:25, 81:19
account [1] - 68:7
accurate [4] - 62:4,
69:23, 69:24, 70:5
accused [3] - 34:3,
34:4, 73:4
acknowledge [4] 12:5, 19:12, 29:6,
68:8
Act [3] - 8:6, 47:4,
55:3
acted [1] - 35:18
acting [1] - 34:2
actions [1] - 86:13

PACE REPORTING
503.655.4183

active [2] - 25:11, 69:8

activities [1] - 75:2
add [1] - 79:21
addition [1] - 81:3
address [20] - 10:10,
11:1, 11:4, 11:7,
11:11, 14:23, 14:25,
30:5, 30:8, 31:23,
32:6, 36:23, 37:6,
50:23, 64:2, 64:9,
68:9, 68:11, 81:11,
86:11
Administration [1] 25:1
administrator [1] 28:15
admit [2] - 40:8, 54:10
admitted [2] - 35:8,
57:2
adopt [2] - 18:4, 46:11
advance [1] - 30:1
advanced [1] - 55:9
advancing [1] - 15:23
advise [2] - 5:1, 15:25
advised [2] - 4:16,
21:6
advocacy [1] - 25:9
affect [1] - 8:4
affiliation [1] - 71:16
affirmed [2] - 23:2,
23:14
affix [1] - 54:6
aforementioned [1] 89:14
aftermath [1] - 55:10
afternoon [1] - 4:9
agent [3] - 8:10, 8:23,
74:20
agents [2] - 9:16, 12:9
ago [17] - 5:24, 7:19,
14:19, 18:16, 25:1,
28:19, 29:12, 34:4,
50:17, 69:9, 69:20,
70:23, 75:13, 77:5,
82:3, 82:10
agree [8] - 19:8,
20:11, 39:1, 40:24,
41:11, 41:17, 41:22,
62:16
ahead [8] - 26:11,
29:24, 34:9, 37:16,
42:17, 51:8, 77:2,
88:4
Ain't [6] - 28:16, 46:9,
48:22, 73:17, 78:20,
79:17
aircraft [1] - 29:1
airplane [5] - 66:17,
66:20, 66:25, 67:3,
67:9

Alan [2] - 43:18, 45:20

ALIVE [1] - 61:8
ALJ [1] - 75:12
allegation [1] - 5:21
allegations [4] 11:20, 13:13, 26:1,
36:12
allege [1] - 11:17
allow [6] - 34:16,
37:14, 57:1, 66:4,
66:11, 69:24
allowed [2] - 66:12,
66:13
ALS [3] - 15:23, 37:25,
38:4
Alvarez [3] - 47:7,
48:18, 48:19
ambulate [1] - 16:1
amend [5] - 12:14,
13:1, 14:1, 14:2,
14:4
America [1] - 82:12
American [3] - 72:11,
72:16, 72:18
amounts [1] - 65:17
angry [2] - 48:18,
50:14
annoying [1] - 41:16
answer [16] - 21:24,
31:14, 34:17, 37:10,
37:15, 37:16, 38:7,
51:9, 62:4, 64:5,
68:22, 70:1, 76:14,
77:1, 77:16
answered [2] - 39:11,
76:17
apologize [1] - 59:23
apparent [1] - 19:9
appear [4] - 7:15,
12:17, 16:5, 72:4
appearance [2] 15:21, 81:20
APPEARANCES [1] 2:1
appeared [2] - 29:7,
77:19
appearing [3] - 4:13,
49:13, 72:1
APPEARING [2] - 2:3,
2:8
applicable [2] - 15:7,
19:25
apply [1] - 15:7
appreciate [12] - 10:3,
15:1, 19:4, 25:21,
52:7, 53:2, 80:19,
80:21, 87:8, 87:10,
87:20, 87:25
approach [3] - 22:5,
27:2, 56:2

2
appropriate [1] 31:14
appropriated [2] 28:19, 28:20
April [2] - 14:8, 56:16
argue [2] - 35:25,
52:21
argued [1] - 17:11
argument [10] - 10:6,
10:23, 19:13, 24:17,
24:18, 24:20, 30:11,
81:25, 82:5, 86:3
arguments [2] - 17:9,
20:4
Army [2] - 25:11,
42:12
arsenal [1] - 49:11
ass [2] - 36:23, 37:5
Associates [1] - 2:10
association [1] 25:10
assume [1] - 15:5
assuming [1] - 67:25
attached [1] - 71:15
attacked [4] - 25:1,
75:12, 75:14, 78:25
attempted [1] - 29:11
attend [1] - 16:12
attention [5] - 6:3,
6:15, 6:23, 28:17,
63:5
audio [1] - 89:10
audiotape/CD [1] 89:13
authored [2] - 60:17,
60:20
avoid [1] - 8:8
avoided [1] - 74:18
aware [4] - 32:11,
32:14, 32:16, 32:18
awkward [2] - 7:8,
77:14
ax [1] - 34:13

B
background [1] 25:21
bad [3] - 79:4, 82:19,
83:16
bald [1] - 70:22
band [1] - 27:12
bar [1] - 77:7
based [4] - 12:23,
61:11, 62:2, 64:9
basis [4] - 5:7, 5:14,
80:4, 85:21
battle [1] - 52:10
BE [1] - 1:15
beat [1] - 76:5

become [1] - 77:9

bed [2] - 48:3, 48:8
began [1] - 8:14
begin [1] - 57:18
beginning [2] - 6:7,
26:25
behavior [2] - 85:20,
86:15
belief [3] - 12:15, 13:2,
14:3
Bench [2] - 27:2, 55:3
bench [1] - 56:2
beret [1] - 54:5
Bernasty [1] - 83:16
BERNATH [136] - 1:4,
4:7, 4:25, 8:1, 9:24,
10:1, 10:9, 10:11,
11:2, 11:5, 11:8,
11:12, 11:16, 11:22,
11:24, 12:3, 12:8,
12:14, 13:1, 13:8,
13:17, 13:21, 13:24,
14:13, 16:17, 18:13,
18:23, 19:1, 19:7,
20:23, 23:13, 24:8,
24:10, 24:13, 24:19,
24:23, 25:23, 26:4,
26:9, 26:12, 27:5,
27:8, 27:21, 27:25,
28:2, 28:11, 29:18,
30:5, 30:8, 30:12,
30:17, 30:21, 31:1,
31:4, 31:18, 31:22,
32:23, 33:8, 33:17,
33:18, 33:25, 34:11,
35:17, 35:20, 35:25,
36:10, 36:15, 36:18,
36:20, 37:12, 37:20,
39:7, 39:18, 39:20,
39:25, 40:3, 40:6,
40:21, 41:2, 41:5,
42:8, 44:7, 44:10,
44:15, 44:17, 44:20,
44:21, 45:23, 46:4,
46:5, 48:14, 49:15,
49:24, 50:11, 51:20,
52:1, 52:4, 52:21,
52:24, 53:3, 53:6,
54:3, 54:16, 54:21,
54:25, 55:14, 55:17,
56:1, 56:4, 56:10,
56:16, 56:18, 57:4,
57:22, 58:1, 58:15,
58:22, 58:25, 59:7,
59:12, 60:8, 67:25,
76:19, 76:24, 78:7,
78:10, 78:18, 79:23,
80:1, 81:24, 82:7,
83:2, 86:2, 87:10,
87:14, 87:18

Bernath [57] - 2:4, 3:7,

4:3, 4:23, 5:19, 5:24,
6:4, 6:9, 6:24, 9:10,
16:5, 16:9, 16:10,
17:21, 18:17, 23:19,
23:20, 24:5, 25:5,
25:20, 28:9, 28:19,
28:25, 29:10, 29:11,
29:12, 29:15, 29:17,
31:24, 32:3, 32:5,
32:6, 32:21, 35:14,
38:9, 38:12, 38:23,
41:10, 42:6, 43:18,
46:25, 47:17, 48:12,
50:17, 60:15, 61:2,
61:11, 63:13, 65:23,
66:15, 68:3, 72:4,
80:8, 80:20, 81:6,
83:11
Bernath's [4] - 7:11,
45:20, 80:20, 85:14
best [1] - 52:7
better [1] - 29:23
between [1] - 52:10
beyond [1] - 76:12
big [2] - 41:19, 79:15
binder [1] - 88:11
birds [1] - 36:4
bit [4] - 13:11, 17:20,
28:25, 58:18
black [1] - 41:19
blisters [1] - 56:25
blocked [2] - 76:20,
76:25
blocking [2] - 76:21,
76:24
blurted [1] - 9:20
board [1] - 70:18
body [3] - 74:23, 75:1,
78:14
bottom [1] - 19:5
bound [1] - 86:17
bounty [1] - 49:1
BOUTIN [72] - 4:5, 4:9,
4:14, 4:16, 5:4, 9:21,
13:5, 14:8, 14:12,
15:19, 16:8, 16:21,
17:6, 17:14, 21:2,
21:17, 21:20, 28:4,
28:8, 28:13, 29:20,
29:25, 32:19, 33:21,
34:15, 34:22, 35:1,
37:8, 37:10, 39:4,
39:15, 40:16, 40:19,
44:6, 46:1, 46:22,
49:12, 49:18, 50:4,
50:8, 51:8, 54:18,
56:7, 57:20, 58:19,
59:5, 59:18, 59:21,
59:24, 60:2, 60:11,

PACE REPORTING
503.655.4183

60:14, 63:4, 63:8,

63:12, 64:22, 66:5,
66:14, 70:6, 72:24,
76:15, 77:3, 77:24,
78:2, 80:3, 85:13,
85:17, 86:5, 87:25,
88:3, 88:10, 88:13
Boutin [3] - 2:9, 2:10,
4:10
brand [1] - 18:17
break [1] - 44:23
bridge [2] - 13:10,
20:17
brief [4] - 19:19,
24:18, 24:19, 26:1
briefed [2] - 17:15,
20:10
briefing [2] - 20:9,
20:19
bright [1] - 45:19
bring [5] - 47:8, 80:9,
83:3, 83:4
bringing [1] - 14:20
brings [1] - 81:25
broke [2] - 55:4, 55:8
broken [1] - 8:12
brought [6] - 80:9,
81:24, 82:2, 82:16,
82:17, 82:24
brutally [1] - 82:15
Bryan [1] - 9:6
bullet [1] - 50:13
bunch [1] - 25:14
burden [7] - 17:16,
17:18, 20:14, 24:1,
80:5, 86:6, 86:11
bush [1] - 57:9
bushes [6] - 8:15,
8:17, 57:6, 74:20,
74:21, 81:21
business [1] - 73:23
businesses [1] 79:12
Butterfield [2] - 84:6,
85:2
buy [1] - 79:13
BY [19] - 31:22, 33:18,
34:11, 36:20, 37:20,
39:20, 40:6, 41:5,
44:21, 46:5, 49:24,
50:11, 54:3, 60:14,
63:12, 64:22, 66:14,
70:6, 77:3
bypass [1] - 79:13

C
C140741RO [2] - 1:6,
4:4
Cafe [1] - 50:22

calendar [1] - 85:3

California [3] - 4:25,
30:14, 77:8
campaign [1] - 50:19
cannot [3] - 50:5,
62:3, 84:19
captain [2] - 72:12,
72:14
captain's [3] - 71:10,
78:12, 78:14
car [1] - 66:15
care [2] - 53:11, 53:13
Carlisle [1] - 51:12
carrier [1] - 29:1
carry [2] - 48:4, 48:8
case [27] - 5:10, 7:11,
18:2, 18:7, 20:1,
27:18, 44:12, 47:7,
48:18, 51:24, 53:21,
59:15, 59:19, 65:14,
65:22, 75:23, 77:8,
78:4, 78:6, 79:22,
81:3, 84:6, 85:9,
86:5, 86:9, 86:14
Case [3] - 4:4, 5:25,
81:6
cases [1] - 81:8
caught [1] - 33:4
caused [3] - 53:7,
55:5, 55:24
causing [2] - 53:8
ceremony [1] - 16:13
certain [3] - 18:4,
36:6, 49:21
certainly [1] - 45:17
certify [1] - 89:8
chairs [1] - 48:23
chance [4] - 15:8,
19:19, 20:16, 58:17
change [2] - 10:19,
62:3
Chapter [2] - 85:18,
85:21
character [1] - 35:18
chat [1] - 85:5
Cheryl [1] - 21:9
chest [1] - 76:4
chevrons [2] - 28:23
chief [13] - 25:6,
28:20, 32:7, 32:12,
32:15, 38:12, 59:15,
59:21, 61:3, 78:5,
79:24, 86:6, 86:9
Chief [1] - 31:24
circle [1] - 41:18
CIRCUIT [1] - 1:1
Circuit [8] - 1:17, 5:24,
6:10, 7:20, 17:22,
17:24, 81:5
City [1] - 10:1

3
city [1] - 9:5
civil [1] - 52:13
Clackamas [9] - 5:24,
6:10, 7:11, 7:20,
17:22, 18:1, 40:10,
81:3, 89:5
claim [2] - 43:5, 80:10
claims [1] - 81:6
CLAYTON [3] - 21:21,
22:1, 22:5
clear [5] - 17:15,
30:23, 34:8, 86:23,
86:25
clearly [6] - 17:6,
26:19, 53:1, 53:2,
80:18, 80:20
clerk [1] - 4:16
CLERK [5] - 21:10,
21:12, 21:15, 23:5,
23:17
client [9] - 4:13, 4:21,
5:8, 5:10, 5:12, 14:6,
14:8, 20:25, 80:5
close [1] - 12:18
closing [3] - 20:7,
81:25, 86:5
club [1] - 32:12
clubs [1] - 32:14
Coast [1] - 25:11
coconspirator [1] 44:4
codefendant [2] 44:4, 44:12
coercion [1] - 53:18
colorful [1] - 18:24
combat [1] - 25:13
commander [1] 71:10
commencing [1] 1:18
commentary [1] 27:16
comments [3] - 9:9,
10:20, 86:24
commodores [1] 32:15
communicate [1] 26:24
communicated [1] 45:12
community [2] - 29:3,
79:1
companions [1] 16:25
company [1] - 79:20
complained [1] - 27:9
complaint [2] - 61:18,
82:1
completely [1] - 47:20
compliance [1] -

14:18
component [1] - 38:4
compound [1] - 74:25
concerned [2] - 15:3,
15:10
conduct [11] - 53:19,
65:16, 65:21, 75:15,
75:16, 75:18, 75:21,
76:18, 76:20, 80:20,
80:21
confirm [1] - 4:24
conflict [1] - 53:1
connect [1] - 52:23
consider [1] - 54:24
consideration [1] 89:12
constitute [1] - 89:10
contact [2] - 29:11,
29:13
contacted [7] - 9:2,
9:3, 9:4, 9:6, 9:11,
25:4, 26:12
contacting [1] - 29:13
contacts [1] - 57:17
contempt [1] - 64:17
contend [3] - 60:16,
61:22, 87:1
content [1] - 72:7
contention [1] - 69:23
contentions [1] - 10:4
contest [1] - 87:1
contested [1] - 13:25
context [3] - 48:6,
80:15, 81:12
continuation [1] 11:19
continue [7] - 23:25,
29:22, 33:3, 63:11,
85:2, 86:19, 87:7
continued [3] - 24:4,
36:14, 87:5
Continuing [13] 33:18, 34:11, 36:20,
37:20, 39:20, 44:21,
46:5, 49:24, 50:11,
54:3, 63:12, 64:22,
77:3
continuing [6] - 35:2,
40:6, 41:5, 44:13,
66:14, 70:6
continuously [1] 11:10
control [3] - 51:18,
60:21, 71:20
controls [2] - 26:23,
54:1
convenience [1] 18:3
convicted [6] - 28:10,
30:13, 65:13, 76:16,

76:22, 76:24
conviction [3] - 65:18,
75:15, 75:19
copies [3] - 27:4, 27:5,
30:1
copy [12] - 5:23, 6:1,
29:17, 30:4, 59:25,
65:9, 67:11, 68:23,
69:1, 71:24, 88:8,
88:13
correct [25] - 4:13,
4:14, 4:24, 14:9,
17:7, 22:1, 37:23,
37:25, 40:11, 40:12,
40:15, 41:7, 41:19,
41:25, 43:8, 43:15,
46:10, 46:20, 49:2,
50:3, 51:12, 51:14,
60:16, 74:5, 89:11
correctly [1] - 72:21
counsel [11] - 14:6,
21:18, 22:7, 22:17,
29:13, 30:15, 31:17,
38:25, 56:5, 72:16,
72:17
Counsel [21] - 4:13,
5:3, 7:24, 8:2, 9:18,
14:25, 17:2, 18:19,
19:13, 20:24, 27:4,
38:25, 44:11, 56:3,
62:22, 64:20, 76:13,
77:2, 77:17, 79:3,
84:4
Counsel's [2] - 56:11,
82:5
counter [1] - 86:12
country [3] - 45:3,
51:1, 53:22
COUNTY [1] - 1:2
county [3] - 5:20,
5:22, 6:5
County [29] - 1:18,
5:24, 6:10, 6:12,
7:11, 7:18, 7:20,
10:25, 11:4, 11:23,
12:13, 12:20, 13:3,
13:9, 13:15, 14:9,
14:11, 14:12, 17:22,
17:23, 18:2, 25:13,
40:10, 46:8, 62:5,
81:3, 81:5, 89:5
couple [2] - 66:24,
84:15
course [2] - 20:1, 30:2
COURT [208] - 1:1,
4:3, 4:6, 4:8, 4:12,
4:15, 4:20, 5:2, 7:24,
9:25, 10:2, 10:10,
10:21, 11:3, 11:6,
11:10, 11:13, 11:17,

PACE REPORTING
503.655.4183

11:23, 12:1, 12:4,

12:11, 12:24, 13:4,
13:7, 13:10, 13:18,
13:23, 14:6, 14:11,
14:23, 16:7, 16:19,
17:2, 17:8, 18:19,
18:25, 19:3, 19:8,
20:24, 21:8, 21:11,
21:13, 21:16, 21:19,
21:24, 22:4, 22:6,
22:11, 22:14, 22:23,
23:8, 23:21, 24:9,
24:12, 24:14, 24:21,
25:19, 25:24, 26:5,
26:11, 27:3, 27:7,
27:16, 27:22, 28:1,
28:6, 28:12, 29:19,
29:21, 30:3, 30:7,
30:10, 30:15, 30:18,
30:23, 31:2, 31:5,
31:10, 32:2, 32:4,
32:21, 32:24, 33:9,
33:22, 34:6, 34:16,
34:25, 35:2, 35:4,
35:14, 35:19, 35:22,
36:2, 36:11, 36:17,
37:14, 37:19, 38:23,
39:9, 39:14, 39:17,
39:22, 40:2, 40:4,
40:18, 40:23, 41:4,
42:6, 42:9, 44:8,
44:11, 44:16, 44:18,
45:25, 46:2, 48:12,
48:16, 49:17, 49:19,
50:7, 50:9, 51:9,
51:19, 51:22, 52:2,
52:6, 52:22, 52:25,
53:5, 54:14, 54:17,
54:20, 54:23, 55:12,
55:16, 55:21, 56:3,
56:5, 56:9, 56:11,
56:15, 56:17, 57:1,
57:21, 57:24, 58:14,
58:17, 58:24, 59:6,
59:9, 59:14, 59:20,
59:22, 60:1, 60:10,
62:8, 62:16, 63:1,
63:7, 63:10, 64:5,
64:14, 64:20, 65:10,
66:3, 66:8, 66:11,
68:22, 69:11, 69:15,
69:21, 70:1, 72:23,
73:1, 76:9, 76:11,
76:17, 76:22, 77:1,
77:18, 77:22, 78:1,
78:6, 78:9, 78:17,
79:21, 79:24, 80:2,
82:4, 83:1, 84:3,
84:10, 84:13, 84:19,
84:23, 84:25, 85:11,
85:16, 86:4, 86:7,

87:12, 87:17, 87:19,

88:2, 88:7, 88:12,
88:15
court [14] - 7:17,
18:18, 32:25, 33:20,
34:20, 36:12, 42:17,
46:10, 64:14, 76:6,
76:8, 80:6, 86:1,
87:16
Court [56] - 1:17, 5:13,
5:15, 5:23, 5:25,
6:11, 7:20, 7:23,
10:11, 12:12, 12:25,
14:21, 15:6, 15:11,
15:20, 15:25, 16:6,
17:21, 17:22, 17:23,
17:24, 18:9, 18:15,
21:6, 21:22, 26:19,
27:10, 28:10, 35:13,
36:1, 37:22, 39:24,
41:14, 47:4, 47:6,
47:7, 48:25, 51:21,
60:3, 60:4, 60:24,
62:5, 65:14, 79:4,
80:18, 81:2, 81:5,
81:8, 81:23, 82:16,
85:18, 87:22, 89:7,
89:19
Court's [6] - 6:3, 6:15,
6:23, 16:6, 19:22,
63:4
courtroom [3] - 22:16,
24:7, 88:8
cover [1] - 33:10
craved [1] - 46:19
crazed [1] - 25:14
crazy [3] - 24:23,
25:10, 25:12
create [4] - 39:4,
40:20, 42:5, 73:14
created [9] - 17:16,
17:17, 29:5, 41:1,
71:5, 71:8, 73:5,
73:10, 73:12
creating [1] - 15:22
creator [1] - 72:5
credible [1] - 80:13
crime [1] - 9:7
criminal [2] - 75:15,
75:19
criminally [2] - 28:9,
30:13
Crocker [1] - 84:4
CROSS [1] - 60:13
cross [7] - 13:10,
20:17, 39:7, 54:17,
59:18, 72:25, 82:1
cross-examination
[1] - 72:25
CROSS-

4
EXAMINATION [1] 60:13
cross-examine [2] 39:7, 59:18
cruises [2] - 63:19,
63:24
crutch [2] - 75:23,
75:24
crux [2] - 26:22, 53:21
curb [1] - 82:21
cursing [1] - 53:18
cut [4] - 35:14, 35:24,
44:8, 51:22
CV14040431 [1] - 5:25
CVB [1] - 65:14
cycle [1] - 54:4

D
Dallas [4] - 36:19,
36:22, 36:25, 37:1
Dan [4] - 25:5, 26:12,
66:6, 75:25
dancing [1] - 14:21
danger [4] - 64:17,
80:17, 81:16, 85:24
DANIEL [2] - 1:4,
23:13
Daniel [15] - 2:4, 3:7,
4:3, 23:19, 38:12,
43:18, 45:20, 46:24,
47:17, 50:17, 61:2,
65:23, 68:3, 72:3
daughter [2] - 64:10,
65:7
DC [3] - 12:19, 16:21,
81:19
DEAD [1] - 61:7
deal [3] - 4:18, 4:22,
81:11
dealing [2] - 87:8,
87:13
dear [1] - 46:24
death [5] - 25:17,
48:7, 82:17, 82:18,
82:20
debate [1] - 33:5
decapitate [1] - 35:5
decide [3] - 34:9,
41:14, 86:10
decision [2] - 14:21,
19:15
declaration [9] - 5:23,
6:1, 6:2, 6:13, 6:24,
7:4, 7:19, 7:23, 81:4
declarations [1] - 18:9
declared [1] - 75:10
deeds [1] - 33:2
defamation [3] 52:14, 53:11, 53:15

defamatory [1] - 51:24

defecate [1] - 35:10
Defendant [2] - 6:9,
6:14
defendant [3] - 6:10,
65:22, 82:1
deficiency [1] - 38:4
deliveries [2] - 8:17,
57:8
demand [1] - 43:22
Denson [1] - 9:7
dentist [1] - 79:18
dentists [1] - 79:7
deny [3] - 65:13, 68:3,
68:5
denying [1] - 68:14
Depot [1] - 67:18
deprive [1] - 10:15
derogatory [8] 41:11, 41:13, 41:15,
41:22, 41:25, 52:13,
53:16, 87:1
deserved [1] - 78:22
detailed [1] - 14:14
determination [1] 19:21
determine [2] - 19:25,
87:3
dicta [1] - 85:19
different [10] - 47:20,
52:19, 62:17, 65:23,
66:19, 66:23, 67:1,
67:2, 67:4, 67:7
difficulty [2] - 15:23
direct [3] - 6:15, 6:23,
63:4
DIRECT [1] - 31:21
directing [1] - 58:11
director [1] - 72:18
directory [5] - 71:14,
79:6, 79:11, 79:15
Disabilities [1] - 55:2
disability [1] - 8:7
disabled [9] - 75:10,
75:11, 80:10, 80:11,
81:13, 82:8, 82:9,
82:12, 85:22
Disabled [1] - 8:5
disappointing [2] 86:14, 86:15
discharged [1] - 69:8
disclose [1] - 65:3
disconcerting [1] 52:13
discussing [1] - 78:20
discussion [1] - 58:8
disease [2] - 15:23,
38:1
dishonest [1] - 34:3
dismiss [7] - 5:5, 5:14,

7:23, 80:4, 80:7,

81:23, 87:21
disorderly [4] - 65:16,
65:21, 75:16, 76:20
disprove [2] - 69:18,
69:19
dispute [1] - 69:18
distress [1] - 81:7
District [3] - 17:21,
28:10, 65:14
docket [2] - 25:22,
85:4
doctor [3] - 38:3,
56:21, 79:18
document [12] - 15:2,
44:19, 63:5, 63:9,
65:11, 69:2, 69:7,
70:8, 70:10, 70:15,
70:17, 70:25
documentary [1] 24:11
documentation [1] 10:24
domicile [8] - 6:18,
7:1, 7:2, 7:5, 10:8,
15:12, 17:10, 20:5
domicile's [1] - 6:14
domiciled [8] - 6:17,
6:21, 7:18, 7:21,
7:22, 10:12, 10:13,
15:14
don't.. [1] - 12:19
done [6] - 8:8, 27:23,
29:14, 58:15, 82:10,
86:17
door [15] - 8:14, 8:16,
8:22, 13:14, 13:16,
13:20, 13:22, 33:13,
57:5, 57:8, 57:10,
57:11, 57:15, 75:4
dots [1] - 52:23
doubt [1] - 40:21
douche [1] - 82:22
down [8] - 8:12, 9:19,
25:14, 47:4, 47:8,
50:18, 67:16, 67:23
downloaded [1] - 72:2
downtown [2] - 40:11,
82:1
draw [1] - 6:2
drive [2] - 16:25,
66:15
Drive [1] - 2:4
drop [4] - 7:12, 7:13,
55:18, 56:20
drug [2] - 56:23, 56:24
due [1] - 14:17
dunking [1] - 48:23
during [2] - 29:2, 30:2
duty [2] - 25:11, 69:8

PACE REPORTING
503.655.4183

dwell [1] - 7:9

dwelling [1] - 7:5
dwells [2] - 6:14, 7:14

E
e) [1] - 53:23
early [1] - 55:8
earn [2] - 43:5, 43:6
earned [1] - 43:5
easy [1] - 36:18
effectively [1] - 8:6
either [4] - 8:10, 12:9,
20:8, 84:22
elder [1] - 52:16
elderly [2] - 53:20,
80:9
Elderly [1] - 55:2
element [2] - 18:7,
69:19
elements [4] - 20:13,
24:1, 24:3, 44:13
elevator [8] - 25:2,
75:22, 75:25, 76:2,
76:3, 76:4, 76:20,
76:25
eligible [1] - 6:5
email [14] - 29:11,
36:21, 36:24, 37:4,
37:7, 45:17, 58:4,
67:12, 67:14, 68:2,
68:8, 68:11, 68:13,
68:14
emails [2] - 9:8, 43:22
emotional [2] - 53:20,
81:7
employed [4] - 75:7,
75:9, 77:4, 77:9
end [9] - 20:7, 26:25,
52:25, 54:7, 59:19,
72:25, 78:4, 86:9,
88:16
ended [1] - 7:1
ending [1] - 7:2
enforced [1] - 80:25
enter [2] - 45:23,
58:25
entertain [1] - 20:8
entitled [3] - 1:15,
7:17, 11:18
equivalent [1] - 53:13
escape [1] - 10:19
establish [1] - 23:24
establishing [1] 62:12
events [1] - 11:18
Evers [1] - 84:5
everywhere [1] 42:23
evidence [59] - 19:18,

19:20, 20:1, 20:5,

20:8, 20:16, 20:19,
24:2, 24:3, 24:11,
24:16, 25:12, 25:25,
27:19, 27:23, 28:20,
29:4, 29:9, 30:11,
32:24, 32:25, 33:13,
36:3, 36:5, 36:7,
40:25, 42:7, 52:9,
52:20, 54:14, 54:24,
55:21, 55:23, 55:25,
56:10, 57:3, 57:25,
59:7, 62:18, 68:1,
69:23, 80:10, 80:14,
80:16, 81:10, 81:25,
82:5, 85:15, 85:22,
85:23, 85:24, 86:10,
86:12, 86:18, 86:20,
86:24, 86:25, 87:6
exactly [1] - 41:8
EXAMINATION [2] 31:21, 60:13
examination [1] 72:25
examine [2] - 39:7,
59:18
examined [3] - 23:2,
23:14, 56:22
example [1] - 63:2
except [1] - 62:20
exception [2] - 29:4,
85:14
excuse [1] - 6:8
excused [1] - 88:1
Exhibit [18] - 26:19,
45:23, 49:6, 50:21,
55:6, 55:7, 55:8,
59:1, 59:24, 65:9,
66:12, 67:12, 68:23,
70:7, 70:15, 70:25,
71:25, 83:12
exhibit [5] - 39:24,
60:17, 66:5, 68:24,
72:22
exhibits [6] - 6:2,
27:3, 29:17, 57:2,
70:4, 87:24
Exhibits [1] - 57:2
expedite [1] - 34:23
expedited [1] - 15:1
expel [1] - 57:18
expelled [2] - 9:3, 9:4
explain [1] - 11:14
explained [1] - 58:9
extent [1] - 15:13
extremely [1] - 41:16

F
face [3] - 12:22, 74:23,

5
75:1
facie [1] - 81:10
fact [5] - 15:2, 37:4,
39:12, 47:19, 63:18
facts [4] - 18:4, 67:25,
83:3, 83:4
factual [1] - 85:15
failure [1] - 80:12
false [1] - 28:11
family [2] - 8:10, 83:7
fanny [1] - 76:1
far [4] - 25:18, 52:8,
82:6, 89:11
fear [2] - 86:20, 86:21
February [3] - 38:11,
46:18, 47:1
federal [1] - 76:8
feelings [2] - 47:9,
48:21
fellow [1] - 25:5
few [6] - 10:21, 28:19,
29:12, 34:4, 72:24,
76:15
figure [2] - 77:14,
87:24
file [2] - 15:20, 16:6
filed [12] - 5:24, 6:2,
7:19, 10:4, 12:11,
12:25, 15:21, 16:5,
31:12, 61:18, 77:8,
81:4
filing [3] - 15:5, 17:19,
45:2
fine [5] - 4:21, 30:3,
31:3, 31:6
finish [3] - 9:19,
84:22, 85:7
finished [2] - 9:18,
54:15
first [17] - 4:19, 4:22,
5:14, 6:8, 18:18,
23:2, 23:14, 27:21,
27:23, 27:25, 31:3,
31:6, 33:24, 56:3,
59:19, 73:2, 80:23
fit [1] - 54:9
fits [2] - 53:16, 53:22
five [2] - 25:17, 78:15
flew [3] - 66:20, 66:25,
67:5
Florida [20] - 6:14,
6:17, 6:21, 7:5, 7:22,
10:13, 36:25, 63:19,
63:24, 64:3, 64:8,
65:3, 66:21, 66:25,
67:5, 67:9, 67:13,
67:17, 67:24
flow [2] - 30:18, 30:25
fly [2] - 36:4, 66:17
focus [3] - 10:6, 10:8,

47:6
focused [2] - 26:1,
33:16
folks [1] - 48:24
following [1] - 6:3
follows [2] - 23:3,
23:15
FOR [3] - 1:2, 2:3, 2:8
foregoing [1] - 89:9
Foreign [1] - 9:2
forget [1] - 54:13
form [4] - 14:1, 14:2,
19:19, 40:16
formal [1] - 28:22
forms [1] - 85:19
Fort [3] - 6:17, 7:5,
64:6
forth [1] - 86:16
forum [1] - 47:25
forward [3] - 19:17,
23:24
forwarded [1] - 9:7
foundation [1] - 56:8
foundation's [1] 56:12
four [10] - 21:14, 25:1,
25:3, 29:1, 66:7,
75:13, 77:5, 81:17,
82:3, 82:9
frank [1] - 51:12
Frank [1] - 51:13
Frankie [2] - 51:11,
51:14
fraud [9] - 9:8, 9:12,
9:14, 41:19, 42:23,
43:22, 43:24, 43:25,
58:3
fraudulent [1] - 81:4
free [1] - 33:15
friend [1] - 72:15
frivolous [1] - 45:2
front [5] - 8:22, 35:16,
57:15, 76:2
full [3] - 23:6, 23:18,
89:11
funny [1] - 49:4
future [2] - 83:22,
86:21

G
Gehrig's [1] - 37:25
general [4] - 47:16,
47:18, 72:16, 72:17
generally [1] - 46:24
gentleman [1] - 53:1
gentlemen [1] - 85:12
giant [1] - 47:12
given [2] - 18:4, 82:14
glass [2] - 8:20, 57:12

Glock [1] - 49:8

goodness [1] - 26:6
Google [1] - 83:11
granting [1] - 19:18
grateful [1] - 82:12
grave [1] - 35:11
great [2] - 16:10,
55:20
Grimm [1] - 77:20
group [5] - 25:8, 25:9,
26:13, 26:15, 79:6
Guard [1] - 25:11
guess [4] - 15:15,
26:18, 45:22, 61:8
Guide [1] - 55:3
guide [1] - 79:11
guns [4] - 49:21,
50:10, 50:12
guy [2] - 36:21, 78:25
Guy [1] - 40:22
guys [1] - 84:5

H
habit [7] - 35:20, 36:1,
36:2, 36:3, 36:5,
36:7, 37:13
half [3] - 21:13, 54:1,
84:22
half-hour [1] - 54:1
hall [1] - 24:9
hammer [1] - 54:4
hand [12] - 5:25,
22:21, 23:10, 54:7,
62:22, 65:8, 67:11,
68:23, 70:7, 70:14,
71:24, 89:15
hands [1] - 54:5
hang [4] - 8:24, 79:13,
79:19, 88:4
hangs [1] - 8:24
harass [3] - 29:14,
42:20, 53:14
harassed [1] - 80:14
harassment [4] 41:21, 53:18, 61:18,
80:17
harm [5] - 53:20,
82:15, 86:21, 86:22
hate [1] - 25:5
haunt [1] - 64:8
he.. [1] - 54:2
head [10] - 18:18,
28:21, 35:5, 53:12,
64:18, 70:22, 71:3,
71:9, 71:10, 78:12
heads [2] - 73:9, 78:25
hear [20] - 8:19, 8:20,
8:21, 10:23, 15:16,
16:19, 22:9, 26:7,

PACE REPORTING
503.655.4183

27:20, 28:7, 29:21,

33:23, 34:19, 52:9,
52:12, 56:12, 57:14,
57:15, 84:20, 87:11
heard [5] - 34:21,
35:8, 35:15, 57:11,
84:7
hearing [13] - 1:16,
10:7, 13:25, 14:1,
14:19, 19:18, 22:18,
24:25, 30:1, 52:8,
52:17, 52:18, 57:18
hearings [1] - 25:22
heart [3] - 8:11, 45:8,
45:21
held [1] - 89:13
hell [18] - 26:14,
43:13, 43:17, 43:20,
44:1, 44:22, 44:24,
45:1, 45:10, 45:20,
54:10, 57:22, 63:3,
64:12, 65:6, 83:13,
83:19
Hell [5] - 28:16, 46:9,
48:22, 78:21, 79:18
hello [1] - 22:12
help [1] - 14:21
helpful [2] - 15:6, 15:8
hereby [1] - 89:8
hi [1] - 21:21
high [2] - 83:17, 85:20
higher [2] - 52:17,
53:3
highlighted [1] - 61:8
hip [3] - 15:10, 48:4,
48:9
hip-shooting [1] 15:10
hitting [1] - 18:17
Hoey [1] - 44:5
hold [12] - 9:25, 10:2,
16:19, 27:16, 28:12,
29:19, 32:2, 33:22,
39:9, 40:23, 62:8,
86:4
Home [1] - 67:18
home [6] - 6:18,
16:11, 16:22, 16:25,
67:17, 67:24
honest [1] - 82:15
honestly [1] - 37:17
honor [2] - 16:13,
16:15
Honor [43] - 4:5, 4:9,
5:5, 6:20, 8:1, 9:21,
10:20, 13:5, 14:10,
17:6, 18:6, 21:17,
22:3, 29:18, 32:20,
33:21, 34:15, 34:22,
35:1, 36:16, 36:18,

39:15, 40:16, 46:1,

49:12, 50:4, 52:1,
52:5, 54:19, 59:8,
59:25, 60:9, 63:6,
66:2, 66:5, 69:14,
79:23, 80:15, 84:2,
84:8, 85:13, 87:25,
88:11
Honorable [1] - 1:16
honorably [2] - 38:13,
61:3
honorary [1] - 32:8
Hoodview [1] - 2:4
hour [2] - 54:1, 84:22
hours [3] - 21:13,
63:25, 84:15
house [5] - 16:2, 16:3,
43:21, 74:19, 74:22
House [4] - 16:12,
16:14, 16:23, 17:1
household [1] - 8:8
HS [1] - 54:8
humiliated [1] - 47:24
hundreds [2] - 32:11,
32:14
hunt [1] - 47:8
hunters [1] - 49:1
Hyatt [8] - 26:12, 28:9,
66:6, 75:12, 75:14,
75:25, 78:11, 82:2

I
idea [2] - 70:21, 70:24
identified [1] - 49:15
identifier [1] - 72:3
identify [3] - 38:21,
49:13, 50:5
ignorant [2] - 36:23,
37:5
III [1] - 1:17
illegal [1] - 47:5
image [6] - 28:22,
71:5, 73:2, 73:5,
73:10, 73:12
images [1] - 73:15
immediately [1] 56:23
imminent [4] - 80:16,
81:15, 82:15, 85:24
immoral [1] - 47:5
imply [1] - 73:8
important [4] - 14:24,
80:23, 80:24, 81:11
impression [1] - 84:11
IN [1] - 1:1
inaccurate [3] - 69:3,
69:7, 70:5
inadvertently [1] 79:4

6
inappropriate [1] 53:17
incident [1] - 76:23
inclined [1] - 19:22
includes [3] - 16:13,
16:15, 16:22
including [1] - 50:13
inclusive [1] - 89:9
indeed [1] - 60:15
Index [1] - 3:1
indicate [3] - 10:25,
80:11, 80:16
indiscernible [20] 4:7, 7:21, 21:25,
41:7, 41:12, 57:25,
62:7, 63:3, 64:13,
75:22, 76:18, 77:13,
77:15, 78:6, 84:9,
85:11, 86:3, 87:11,
87:12, 88:13
indiscernible] [18] 8:4, 9:23, 12:23,
21:11, 21:12, 21:15,
22:10, 27:15, 37:24,
38:20, 39:19, 42:3,
46:21, 50:8, 62:18,
66:7, 84:24, 85:12
induced [1] - 44:24
inflicting [1] - 53:9
infliction [1] - 81:7
information [7] 12:15, 13:2, 14:3,
42:11, 69:2, 69:6,
79:5
injure [2] - 33:1, 52:3
injury [2] - 53:7, 53:10
inquire [5] - 31:11,
31:17, 40:4, 54:18,
64:21
inquiry [3] - 31:16,
34:24, 63:11
inside [1] - 7:7
instructed [1] - 21:6
instruction [1] - 67:10
instructions [1] 16:22
intend [1] - 10:14
intended [1] - 52:3
intention [2] - 80:22,
81:14
intentional [1] - 81:7
interface [3] - 42:20,
42:21, 43:3
Internet [8] - 33:5,
42:14, 48:23, 49:10,
49:23, 50:1, 50:10,
50:12
Internet's [1] - 49:1
interrupt [3] - 17:2,
18:19, 25:19

interruption [1] 29:21

intimidate [1] - 29:14
intimidation [1] 53:18
invented [1] - 74:10
involved [1] - 17:21
involving [1] - 28:8
irrelevant [3] - 16:18,
69:10, 69:17
issue [23] - 5:1, 6:4,
9:21, 14:24, 15:11,
15:15, 17:3, 17:4,
17:8, 17:11, 19:9,
19:10, 19:12, 19:15,
19:16, 19:20, 20:2,
20:5, 36:17, 39:16,
44:14, 77:25, 85:17
issues [6] - 13:25,
17:16, 17:17, 18:22,
19:24, 86:15
IT [1] - 1:15
item [1] - 61:10
itself [1] - 63:9

J
jail [1] - 64:17
job [2] - 20:12, 83:3
John [30] - 3:5, 4:4,
14:3, 14:5, 20:23,
21:21, 23:7, 25:4,
26:13, 26:15, 33:20,
46:8, 46:9, 46:14,
61:10, 61:16, 61:18,
62:20, 70:12, 73:3,
73:7, 73:11, 74:14,
78:12, 79:1, 83:24,
88:4
JOHN [2] - 1:7, 23:1
join [1] - 21:18
Judge [10] - 1:17,
22:7, 22:14, 28:8,
75:14, 78:11, 82:2,
84:5, 84:19, 85:1
judge [11] - 12:20,
13:3, 13:9, 25:13,
27:11, 34:2, 75:12,
76:1, 76:21, 76:23,
84:14
judges [1] - 62:21
judgment [3] - 19:24,
64:21, 87:2
judicial [1] - 81:2
July [1] - 89:16
junior [2] - 83:17,
85:20
jurisdiction [9] - 5:13,
5:15, 5:17, 10:8,
10:16, 15:12, 80:4,

80:6, 86:1
justice [1] - 47:8

K
Karen [3] - 33:20,
34:3, 34:19
keep [2] - 22:8, 48:6
key [2] - 48:15, 48:16
KGW [1] - 9:4
kneecaps [1] - 34:13
knees [1] - 35:5
knock [19] - 8:13,
8:16, 8:19, 8:20,
8:21, 8:22, 33:12,
43:21, 57:5, 57:10,
57:11, 57:13, 57:14,
57:15, 75:4
knocked [1] - 47:4
knocking [4] - 13:13,
13:15, 13:20, 13:22
knowledge [1] - 12:16
known [1] - 25:8

L
laid [1] - 56:8
Lake [2] - 2:11, 89:15
land [1] - 67:4
large [1] - 50:1
Lars [3] - 9:11, 43:24,
44:3
Larson [3] - 9:11,
43:24, 44:3
last [16] - 11:15,
17:23, 17:24, 25:3,
45:13, 48:20, 53:24,
63:14, 63:20, 66:7,
66:20, 66:24, 73:20,
75:9, 77:4, 84:15
lasted [1] - 78:11
Latourneau [2] - 22:7,
84:19
law [6] - 5:1, 14:18,
15:7, 79:8, 81:12,
83:4
law's [1] - 80:24
lawsuit [2] - 40:10,
81:25
lawsuits [2] - 45:2,
52:14
lawyer [8] - 4:25,
29:22, 30:14, 46:8,
51:6, 58:18, 79:18,
83:3
lay [3] - 64:18, 67:22,
68:18
laying [1] - 67:21
leader [1] - 26:23
least [1] - 85:1

PACE REPORTING
503.655.4183

leave [5] - 16:3, 20:8,

41:14, 78:23, 78:24
led [2] - 75:15, 75:18
left [1] - 8:7
legal [2] - 20:9, 31:14
Legion [3] - 72:11,
72:16, 72:18
legions [1] - 41:16
length [1] - 16:10
less [1] - 28:25
liar [1] - 41:10
license [1] - 77:7
lied [1] - 12:21
lieutenant [1] - 71:9
life [19] - 26:14, 26:20,
43:13, 43:17, 43:20,
44:1, 44:22, 44:24,
45:1, 45:10, 45:20,
54:10, 63:3, 64:12,
64:17, 65:6, 83:18,
83:19
light [2] - 8:21, 57:12
Lilyea [86] - 3:5, 4:4,
4:10, 5:16, 5:21, 8:9,
8:14, 9:3, 9:9, 9:16,
14:3, 14:5, 15:22,
16:11, 16:12, 16:14,
16:16, 16:24, 20:23,
22:12, 23:7, 23:8,
24:11, 25:4, 25:5,
26:13, 26:15, 27:13,
28:2, 28:15, 29:5,
29:8, 29:9, 30:20,
30:24, 31:6, 31:8,
31:13, 31:25, 33:20,
34:17, 36:19, 39:4,
39:12, 41:1, 46:9,
46:14, 46:15, 54:18,
58:3, 58:4, 58:5,
58:10, 58:19, 59:1,
59:17, 60:6, 60:17,
60:20, 60:25, 61:10,
61:12, 61:13, 61:16,
61:19, 61:23, 62:20,
73:3, 73:4, 73:8,
73:11, 74:14, 74:22,
78:12, 78:13, 78:23,
79:1, 80:18, 80:21,
81:18, 83:24, 85:25,
88:1
LILYEA [10] - 1:7,
22:13, 22:22, 23:1,
23:7, 27:15, 31:9,
58:16, 58:21, 88:6
Lilyea's [1] - 16:22
limited [1] - 13:25
line [12] - 6:16, 6:19,
6:23, 7:3, 19:23,
34:23, 35:6, 41:18,
45:19, 47:20, 67:17

lines [1] - 7:14

Lisa [2] - 89:7, 89:18
list [2] - 10:25, 12:12
litigate [1] - 33:9
litigation [5] - 17:20,
18:10, 44:14, 81:5
live [2] - 9:10, 58:5
lived [1] - 6:20
lives [3] - 6:14, 12:16,
19:11
local [4] - 9:3, 9:12,
57:18, 61:18
locations [1] - 63:23
look [11] - 8:22, 25:5,
27:11, 46:4, 47:12,
48:10, 57:16, 61:1,
83:2, 83:13, 86:10
looked [2] - 57:11,
74:16
looking [8] - 13:24,
50:3, 50:21, 53:6,
55:1, 62:4, 77:7,
85:3
looks [4] - 49:6, 49:8,
70:2, 83:25
loose [2] - 53:13,
53:22
Lou [1] - 37:25
loud [3] - 8:22, 57:14,
57:15

M
magazine [4] - 49:9,
50:1, 50:13, 50:14
Magnum [1] - 48:4
mail [1] - 50:25
mailbox [5] - 7:7,
7:12, 7:13, 64:23,
64:24
man [2] - 26:16, 54:4
Mapquest [1] - 16:22
mark [3] - 61:5, 71:2,
72:22
Mark [7] - 71:6, 71:8,
72:10, 72:13, 72:15,
78:13
marked [7] - 65:8,
67:11, 67:12, 68:23,
70:7, 70:14, 71:24
Markov [1] - 54:5
marriage [1] - 85:14
married [1] - 64:10
Maryland [2] - 12:21,
34:20
mate [3] - 29:1, 74:7,
74:11
material [6] - 60:5,
60:6, 60:16, 60:24,
61:14, 61:21

7
matter [14] - 1:15,
7:18, 10:7, 15:20,
17:23, 18:3, 18:8,
28:13, 33:7, 33:9,
47:19, 84:20, 85:7,
89:14
matters [7] - 4:19,
4:22, 5:3, 5:4, 7:1,
23:23, 28:8
Meadows [1] - 2:10
mean [21] - 11:14,
15:1, 15:3, 19:4,
32:24, 33:14, 35:24,
36:5, 37:1, 42:20,
42:21, 43:20, 43:21,
44:22, 45:18, 67:3,
68:10, 74:16, 84:25,
85:3, 86:24
meaning [2] - 19:23,
58:5
means [8] - 30:24,
36:24, 37:6, 40:3,
40:5, 42:18, 42:22,
72:18
meant [3] - 40:1, 44:1,
54:9
medal [2] - 16:13,
16:15
medals [2] - 28:24,
43:6
media [1] - 72:17
medical [3] - 12:18,
55:14, 56:19
medication [1] - 82:13
medications [1] 74:12
meet [7] - 20:12,
23:25, 33:10, 33:14,
52:9, 56:22, 87:14
meeting [1] - 56:21
meets [2] - 33:2, 87:6
membership [1] 43:23
memorandum [1] 81:20
memory [2] - 37:22,
37:23
mental [2] - 38:3, 38:4
mention [3] - 44:3,
50:1, 83:22
mentioned [1] - 59:1
merely [1] - 79:19
message [2] - 8:17,
57:8
met [4] - 24:3, 29:10,
74:14, 86:6
might [3] - 15:8,
49:22, 85:1
miles [2] - 7:8, 7:13
military [2] - 32:9,

49:7
mine [1] - 68:10
Mineral [3] - 12:13,
14:9, 14:12
minute [2] - 48:14,
60:10
minutes [2] - 18:16,
46:7
miserable [3] - 26:14,
26:20, 83:19
misunderstands [1] 79:4
misunderstood [1] 24:14
misusing [1] - 72:20
moment [1] - 58:12
Monday [2] - 72:2,
73:3
Montgomery [7] 12:20, 13:3, 13:9,
25:13, 37:22, 46:8,
62:5
month [4] - 17:24,
63:20, 79:14, 79:20
months [6] - 11:16,
28:19, 29:12, 34:4,
63:24, 66:24
morning [3] - 4:5, 4:6,
36:5
mother [1] - 35:11
mother's [1] - 35:11
motion [13] - 6:11,
12:17, 14:13, 14:15,
14:22, 15:17, 15:21,
16:4, 16:5, 20:15,
65:4, 80:4, 85:21
motions [4] - 4:11,
5:5, 15:6, 20:18
motivation [1] - 47:2
mouth [2] - 34:14,
35:6
move [12] - 7:23,
12:14, 16:1, 19:6,
19:17, 25:23, 39:3,
39:22, 45:23, 56:10,
59:7, 80:7
moving [8] - 8:4, 8:15,
8:17, 19:17, 57:6,
57:9, 74:20, 74:21
MR [214] - 4:5, 4:7,
4:9, 4:14, 4:16, 4:25,
5:4, 8:1, 9:21, 9:24,
10:1, 10:9, 10:11,
11:2, 11:5, 11:8,
11:12, 11:16, 11:22,
11:24, 12:3, 12:8,
12:14, 13:1, 13:5,
13:8, 13:17, 13:21,
13:24, 14:8, 14:12,
14:13, 15:19, 16:8,

16:17, 16:21, 17:6,

17:14, 18:13, 18:23,
19:1, 19:7, 20:23,
21:2, 21:17, 21:20,
22:13, 22:22, 23:7,
24:8, 24:10, 24:13,
24:19, 24:23, 25:23,
26:4, 26:9, 26:12,
27:5, 27:8, 27:15,
27:21, 27:25, 28:2,
28:4, 28:8, 28:11,
28:13, 29:18, 29:20,
29:25, 30:5, 30:8,
30:12, 30:17, 30:21,
31:1, 31:4, 31:9,
31:18, 31:22, 32:19,
32:23, 33:8, 33:17,
33:18, 33:21, 33:25,
34:11, 34:15, 34:22,
35:1, 35:17, 35:20,
35:25, 36:10, 36:15,
36:18, 36:20, 37:8,
37:10, 37:12, 37:20,
39:4, 39:7, 39:15,
39:18, 39:20, 39:25,
40:3, 40:6, 40:16,
40:19, 40:21, 41:2,
41:5, 42:8, 44:6,
44:7, 44:10, 44:15,
44:17, 44:20, 44:21,
45:23, 46:1, 46:4,
46:5, 46:22, 48:14,
49:12, 49:15, 49:18,
49:24, 50:4, 50:8,
50:11, 51:8, 51:20,
52:1, 52:4, 52:21,
52:24, 53:3, 53:6,
54:3, 54:16, 54:18,
54:21, 54:25, 55:14,
55:17, 56:1, 56:4,
56:7, 56:10, 56:16,
56:18, 57:4, 57:20,
57:22, 58:1, 58:15,
58:16, 58:19, 58:21,
58:22, 58:25, 59:5,
59:7, 59:12, 59:18,
59:21, 59:24, 60:2,
60:8, 60:11, 60:14,
63:4, 63:8, 63:12,
64:22, 66:5, 66:14,
67:25, 70:6, 72:24,
76:15, 76:19, 76:24,
77:3, 77:24, 78:2,
78:7, 78:10, 78:18,
79:23, 80:1, 80:3,
81:24, 82:7, 83:2,
85:13, 85:17, 86:2,
86:5, 87:10, 87:14,
87:18, 87:25, 88:3,
88:6, 88:10, 88:13
MS [3] - 21:21, 22:1,

PACE REPORTING
503.655.4183

22:5
mud [1] - 86:16
Multnomah [2] 17:22, 81:5
murder [1] - 25:9
murdered [2] - 25:17,
26:6
murderer [1] - 73:4
muscular [1] - 54:4
must [1] - 75:11
Myers [3] - 6:17, 7:5,
64:6

N
name [8] - 23:6, 23:7,
23:18, 49:10, 61:11,
62:17, 72:4, 79:8
names [5] - 53:17,
60:19, 62:3, 82:19,
83:16
nap [1] - 67:18
NASA [1] - 40:22
National [2] - 9:2,
57:17
nationwide [1] - 9:13
natural [1] - 6:16
nature [4] - 19:16,
23:23, 36:6, 53:19
Navy [9] - 25:7, 25:11,
28:21, 69:4, 69:8,
69:20, 72:12, 72:14,
74:7
near [1] - 57:6
necessarily [1] - 44:2
necessary [1] - 5:9
need [13] - 20:18,
23:25, 32:25, 33:16,
35:22, 36:13, 38:18,
49:12, 52:22, 64:5,
87:11, 87:23
needs [5] - 5:20, 16:3,
20:10, 36:14, 80:24
never [12] - 5:12, 5:16,
25:7, 29:10, 29:11,
32:10, 38:12, 49:5,
61:3, 70:3, 83:8
new [6] - 18:17, 19:14,
67:16, 67:24, 72:17,
81:24
newspaper [1] - 43:24
next [7] - 43:12, 72:22,
76:7, 83:13, 84:20,
85:8, 87:15
nice [1] - 65:19
night [1] - 63:14
nine [1] - 11:16
nobody [2] - 57:10,
57:12
none [2] - 16:8, 71:17

normally [3] - 15:2,

23:23, 42:19
Notary [2] - 89:7,
89:19
noted [3] - 13:7, 35:4,
80:18
nothing [6] - 29:14,
33:7, 69:20, 73:16,
73:17, 74:9
notice [4] - 15:17,
17:12, 18:21, 81:2
noticed [4] - 12:5,
14:15, 14:22, 65:4
noting [1] - 56:11
November [1] - 6:21
number [4] - 21:22,
21:23, 49:16, 61:10
Number [2] - 4:4, 5:25
numbers [1] - 72:12

O
oath [3] - 30:13,
34:19, 42:4
object [4] - 13:6,
32:19, 40:16, 67:25
objection [25] - 28:11,
33:21, 34:9, 34:15,
34:23, 35:2, 37:10,
37:15, 39:1, 40:24,
45:25, 46:1, 46:22,
49:12, 49:20, 50:4,
56:6, 56:7, 57:20,
59:5, 59:10, 66:4,
69:13, 69:16, 74:25
objects [1] - 51:6
obligation [2] - 18:5,
18:6
observed [1] - 85:19
occasions [1] - 81:18
occurred [1] - 26:21
OF [4] - 1:1, 1:2, 1:12
offer [6] - 5:8, 39:24,
54:15, 55:23, 57:3,
66:5
offered [1] - 86:25
office [2] - 72:2, 79:8
officer [5] - 24:25,
25:6, 32:8, 38:13,
61:3
Officer [1] - 31:24
officers [2] - 32:12,
32:15
official [2] - 89:10,
89:12
often [2] - 11:14,
15:11
old [2] - 70:20, 80:8
one [31] - 5:7, 8:16,
8:22, 10:13, 15:14,

8
17:9, 21:13, 21:14,
27:11, 36:3, 44:2,
48:14, 50:13, 51:11,
51:16, 53:24, 54:6,
55:6, 57:5, 57:8,
62:24, 71:3, 75:3,
77:24, 79:12, 81:21,
83:12, 84:4, 87:2,
88:10
one's [3] - 8:15, 8:19,
57:16
ones [1] - 61:25
ongoing [1] - 52:10
online [5] - 39:2,
39:10, 39:12, 86:15,
86:17
open [3] - 20:9, 20:18,
64:14
opening [8] - 24:17,
24:18, 24:19, 26:1,
26:25, 28:4, 28:7
operate [2] - 73:20,
74:1
operative [1] - 7:8
opinion [1] - 47:9
opportunity [2] - 42:7,
84:25
opposing [1] - 22:17
opposition [3] - 15:21,
16:5, 81:20
option [1] - 27:19
OR [3] - 2:5, 2:11, 61:8
OR45-1208446 [1] 65:14
order [30] - 5:18, 8:4,
10:5, 11:19, 14:7,
19:18, 23:25, 33:3,
34:22, 36:14, 40:14,
45:14, 52:16, 64:7,
64:12, 65:5, 76:7,
78:10, 81:1, 81:9,
82:3, 82:17, 82:25,
83:14, 83:21, 86:20,
87:4, 87:8, 87:21,
88:8
ordered [1] - 83:7
orderly [1] - 30:25
orders [1] - 52:15
OREGON [1] - 1:1
Oregon [18] - 1:18,
5:1, 5:12, 5:16, 6:25,
7:2, 8:3, 9:1, 9:12,
10:14, 29:10, 31:18,
57:7, 63:14, 89:4,
89:8, 89:15, 89:19
Oregonian [6] - 9:6,
43:23, 58:2, 58:7,
58:8, 58:11
ORS [3] - 13:24, 53:7,
53:9

Oswego [2] - 2:11,

89:15
otherwise [7] - 29:13,
32:8, 33:1, 38:13,
61:3, 65:2, 85:3
outbreak [1] - 56:25
outside [4] - 26:6,
83:10, 85:5, 85:15
overrule [2] - 37:15,
66:3
own [3] - 19:10, 54:7,
62:20
owns [2] - 49:21,
50:10

P
Pace [2] - 89:7, 89:18
Page [1] - 63:6
page [27] - 6:7, 6:8,
6:15, 6:19, 6:24, 7:3,
35:6, 60:6, 60:7,
61:2, 61:4, 61:6,
61:7, 61:14, 61:17,
61:21, 61:22, 62:11,
63:6, 63:8, 72:3,
73:7, 73:15
Pages [1] - 89:9
pages [5] - 6:1, 27:9,
60:5, 73:2, 88:14
pain [3] - 53:10, 55:19,
56:24
painful [1] - 53:8
palpitations [3] - 8:11,
45:8, 45:21
pants [1] - 83:16
paragraph [1] - 6:8
paralegal [1] - 21:17
paramedic [1] - 56:23
paraphrasing [1] 78:24
part [7] - 44:25, 45:1,
45:10, 45:16, 47:18,
85:14
particular [1] - 80:15
parties [4] - 19:19,
20:6, 27:17, 86:14
partner [2] - 78:12,
78:13
partners [1] - 48:22
parts [1] - 63:5
party [1] - 22:17
pass [1] - 87:2
patient [2] - 56:22,
84:5
pattern [1] - 37:12
Paul [1] - 34:12
pay [2] - 58:9, 79:20
pays [1] - 28:16
penalties [2] - 23:3,

23:15
pending [1] - 81:5
people [29] - 14:3,
18:22, 25:17, 28:17,
29:3, 35:21, 41:6,
41:8, 41:16, 43:10,
50:2, 50:14, 50:25,
52:10, 53:14, 53:22,
54:11, 59:2, 63:3,
76:4, 76:21, 78:15,
80:19, 83:13, 83:18,
83:24, 86:24, 86:25,
87:9
people's [1] - 80:21
percent [1] - 82:12
perhaps [1] - 4:18
perjurer's [1] - 81:4
perjury [2] - 23:3,
23:15
permission [1] - 16:4
permitted [1] - 79:12
person [12] - 6:16, 7:6,
8:6, 8:7, 26:23,
36:19, 53:20, 74:14,
74:15, 74:17, 80:9,
80:10
person's [1] - 28:22
personal [1] - 12:16
personally [2] - 36:22,
37:5
Persons [3] - 8:5, 55:2
petition [17] - 5:10,
8:5, 10:18, 10:22,
11:17, 12:5, 12:7,
12:11, 19:11, 26:2,
26:7, 26:22, 31:12,
32:22, 33:16, 35:16,
52:18
Petitioner [13] - 1:5,
3:4, 4:3, 10:24,
15:17, 17:5, 17:12,
20:12, 20:21, 23:9,
32:5, 59:14, 79:25
petitioner [12] - 4:23,
5:20, 10:2, 15:13,
17:11, 17:16, 23:24,
31:10, 31:11, 51:23,
86:23, 88:7
Petitioner's [4] 49:16, 57:2, 59:10,
86:9
PETITIONER(S [1] 2:3
petting [1] - 76:1
Petty [1] - 31:24
petty [6] - 25:6, 32:7,
32:12, 32:15, 38:13,
61:3
phone [10] - 4:13,
4:17, 8:23, 16:5,

PACE REPORTING
503.655.4183

20:25, 21:5, 21:9,

22:20, 27:13, 31:8
phony [1] - 46:17
photo [2] - 69:22, 71:3
photograph [5] 28:20, 28:22, 49:14,
50:5, 72:1
photographer [4] 70:19, 70:23, 74:5,
74:6
photographer's [3] 29:1, 74:7, 74:11
photographs [2] 16:13, 16:15
photography [1] 73:23
photos [3] - 56:6,
56:7, 57:1
Photoshop [5] 68:20, 73:16, 74:9,
74:10, 78:13
Photoshopped [2] 28:21, 72:11
phrase [3] - 7:8,
43:17, 43:18
phrases [1] - 53:17
physical [4] - 53:7,
53:10, 53:20, 55:1
physically [1] - 13:19
pick [2] - 25:16, 34:13
picked [1] - 35:21
picture [12] - 42:5,
49:10, 49:25, 50:12,
50:16, 52:11, 55:22,
70:21, 70:23, 72:11,
73:3, 73:7
picture's [1] - 70:20
pictures [4] - 50:10,
55:13, 55:15, 56:13
piece [1] - 42:15
pike [2] - 78:14, 79:1
pikes [1] - 73:9
pisses [2] - 50:2,
50:14
pistol [2] - 50:2, 54:5
place [4] - 15:14,
48:24, 50:22, 50:23
places [5] - 7:21,
10:12, 11:9, 11:13,
63:25
plan [1] - 79:14
pleadings [1] - 15:4
plus [1] - 25:12
point [25] - 7:16, 8:11,
9:22, 14:24, 15:14,
17:12, 18:6, 18:14,
19:23, 20:19, 21:3,
22:19, 24:1, 29:16,
48:15, 48:17, 52:21,
53:11, 58:23, 59:13,

77:9, 78:4, 78:8,

80:3, 80:22
pointing [1] - 75:23
points [3] - 6:3, 30:6,
30:9
police [1] - 61:18
poo [2] - 53:12
poo-poo [1] - 53:12
poor [1] - 61:17
Portland [4] - 9:5,
9:11, 10:1, 40:11
portrait [1] - 70:20
POS [3] - 42:11,
42:12, 42:18
position [1] - 57:24
possible [5] - 19:6,
26:14, 26:20, 84:17,
89:11
post [5] - 9:3, 39:10,
39:12, 61:16, 71:18
postcard [1] - 50:22
posted [22] - 22:8,
33:5, 38:24, 39:1,
39:2, 40:8, 40:19,
40:22, 41:1, 43:15,
43:17, 45:9, 46:18,
49:11, 49:25, 50:9,
50:16, 54:10, 59:1,
61:7, 79:2
poster [22] - 9:15,
26:20, 29:4, 29:6,
38:12, 39:5, 39:16,
40:8, 40:14, 41:7,
45:9, 50:24, 54:10,
55:5, 57:4, 59:2,
61:2, 61:8, 83:9,
83:12, 83:23
posters [2] - 9:17,
9:24
posting [3] - 38:11,
60:19, 73:9
posts [1] - 29:7
potential [1] - 19:20
Power [1] - 40:22
practice [3] - 31:19,
34:2, 34:5
preclude [1] - 19:16
prefer [1] - 31:24
preliminary [6] - 4:11,
4:18, 4:22, 5:3, 5:4,
10:7
premises [1] - 11:21
preopening [1] 26:18
prerogative [1] - 87:19
present [13] - 13:8,
13:19, 20:16, 22:17,
24:6, 24:16, 25:25,
27:18, 30:10, 31:8,
37:21, 39:23, 42:7

9
presented [5] - 20:1,
20:4, 82:6, 85:15,
86:12
presenting [1] - 52:20
presents [1] - 83:24
president [1] - 16:14
Press [1] - 50:22
pretty [1] - 19:8
Prevention [1] - 55:3
price [1] - 58:10
prima [1] - 81:10
printed [1] - 50:25
Pro [1] - 1:17
problem [4] - 30:4,
51:23, 84:20, 87:8
problems [1] - 45:13
procedure [1] - 29:16
proceed [15] - 4:20,
5:18, 7:17, 7:25,
20:4, 20:20, 22:18,
23:9, 23:22, 23:23,
24:22, 30:16, 31:15,
31:18, 42:8
proceeding [6] - 5:6,
5:15, 6:10, 7:23,
22:16, 85:18
proceedings [1] 89:13
PROCEEDINGS [1] 1:12
process [4] - 14:17,
45:4, 81:1, 87:24
processes [1] - 15:2
profanity [1] - 53:17
professional [2] 70:19, 70:23
promoted [1] - 32:10
pronounce [1] - 37:2
proof [3] - 5:9, 17:16,
17:18
prosecuting [1] - 81:6
protect [1] - 10:16
protective [3] - 64:7,
64:12, 65:5
prove [8] - 18:7,
23:24, 36:8, 36:11,
54:1, 69:18, 69:19,
86:20
proved [1] - 82:8
proven [4] - 81:13,
81:14, 81:15, 85:25
provide [3] - 23:11,
24:2, 32:25
proving [2] - 20:14,
80:5
Public [2] - 89:8,
89:19
public [7] - 42:25,
43:1, 43:7, 46:24,
47:9, 47:25, 83:6

publication [1] - 58:6

publish [3] - 9:8, 58:3,
58:10
published [1] - 9:15
pull [1] - 43:23
purports [1] - 69:1
purpose [1] - 85:18
purposes [1] - 85:21
Pursuant [1] - 55:1
pushed [1] - 78:15
pussy [1] - 47:12
put [17] - 5:9, 9:16,
12:7, 27:18, 46:19,
50:22, 50:23, 64:16,
64:17, 71:9, 80:10,
80:13, 80:16, 83:22,
85:22, 85:23, 85:24
putting [2] - 67:16,
67:23

Q
qualify [1] - 18:11
quality [1] - 89:12
quash [3] - 6:11, 7:20,
18:1
questioning [1] 20:13
questions [15] - 10:21,
31:11, 31:15, 33:16,
35:16, 38:19, 42:9,
44:18, 46:3, 58:18,
68:22, 72:24, 76:13,
77:16, 78:3
quick [2] - 29:16, 84:4
quite [1] - 17:20

R
radio [3] - 9:12, 9:13,
43:25
rafters [1] - 54:6
raise [2] - 22:21, 23:10
raised [6] - 13:25,
17:12, 18:22, 19:24,
22:22, 54:6
ran [3] - 43:9, 70:18,
76:2
rank [2] - 28:23, 32:10
Rask [2] - 1:17, 22:14
rattling [1] - 81:21
Raymond [1] - 1:17
re [1] - 54:17
reactivated [1] - 77:7
read [14] - 8:3, 10:17,
38:16, 39:21, 39:23,
45:16, 45:17, 48:19,
51:20, 52:18, 59:4,
61:20, 68:24
readers [2] - 51:11,

51:16
ready [1] - 9:9
real [1] - 37:23
really [2] - 47:3, 48:18
reason [3] - 66:19,
71:7, 83:23
reasons [1] - 80:8
rebuttal [2] - 21:3,
78:3
received [2] - 15:4,
28:24
recipient [1] - 16:15
recited [1] - 5:10
recognize [6] - 65:11,
70:8, 70:10, 70:15,
72:7, 73:14
recollection [4] - 35:7,
67:19, 68:13, 77:6
record [13] - 15:22,
20:9, 20:18, 23:6,
23:18, 56:12, 69:2,
81:19, 83:10, 85:8,
86:13, 89:10, 89:13
recording [1] - 88:16
records [1] - 32:9
recover [1] - 84:16
red [1] - 41:18
redirect [1] - 79:15
refer [1] - 28:17
reference [4] - 7:10,
13:6, 30:2, 82:5
referenced [2] - 61:14,
62:1
referring [3] - 7:1,
13:13, 78:19
refresh [2] - 35:7,
67:18
refusing [1] - 65:2
refute [1] - 14:15
regarding [1] - 17:9
regularly [1] - 1:16
reign [1] - 54:7
relate [1] - 11:20
related [3] - 8:12,
38:4, 40:14
relates [3] - 19:14,
66:6, 76:23
relation [1] - 6:22
release [1] - 53:24
released [1] - 84:9
relentless [1] - 64:11
relevance [2] - 57:20,
66:1
relevancy [2] - 32:19,
37:11
relevant [6] - 31:11,
35:16, 57:25, 63:5,
66:4, 77:23
relief [4] - 5:19, 6:5,
8:5, 18:11

PACE REPORTING
503.655.4183

remain [4] - 10:14,

22:20, 54:23, 88:8
remember [9] - 18:16,
31:23, 36:21, 36:24,
37:17, 38:13, 48:1,
67:15, 68:1
REMEMBERED [1] 1:15
remove [1] - 48:20
renew [1] - 80:4
reporter [2] - 9:6, 9:7
Reporter [2] - 89:7,
89:19
represent [2] - 60:4,
71:25
representing [2] 4:10, 4:24
request [2] - 14:1,
14:14
requests [1] - 20:8
required [1] - 31:13
requirement [4] 33:3, 52:9, 52:16,
86:19
requirements [3] 33:11, 33:15, 87:7
requires [2] - 36:2,
52:17
reserve [1] - 19:24
reside [10] - 6:17,
15:14, 17:25, 18:10,
18:11, 18:13, 63:13,
63:22, 64:2, 65:3
resided [4] - 63:21,
66:19, 66:25, 67:7
residence [7] - 8:7,
15:12, 63:15, 63:17,
63:19, 64:23, 64:25
residency [8] - 17:4,
17:10, 19:9, 19:14,
19:20, 20:5, 20:11,
20:14
resident [10] - 5:8,
5:11, 5:20, 5:22, 6:4,
7:6, 10:12, 10:14,
12:12, 14:5
resides [1] - 16:11
residing [6] - 10:25,
11:3, 11:7, 11:11,
11:21, 12:6
resolved [1] - 17:24
respecting [1] - 85:21
respond [2] - 15:9,
19:19
Respondent [6] - 1:8,
4:4, 4:10, 12:12,
52:2, 86:11
respondent [13] 12:6, 13:15, 13:19,
17:10, 19:10, 20:12,

24:2, 33:1, 36:13,

55:24, 59:16, 86:22,
87:4
Respondent's [1] 66:12
RESPONDENT(S [1] 2:8
response [3] - 7:25,
16:4, 66:11
rest [6] - 45:17, 59:15,
70:21, 70:24, 83:22,
85:19
restated [1] - 85:22
restraining [23] - 10:5,
11:19, 14:7, 19:18,
23:25, 33:3, 36:13,
40:14, 45:14, 52:15,
52:16, 76:6, 78:10,
81:1, 81:9, 82:3,
82:17, 82:24, 83:14,
86:20, 87:4, 87:7,
87:21
restructure [1] - 65:19
rests [1] - 79:25
retired [1] - 25:12
retract [1] - 19:1
Revised [1] - 8:3
ridicule [2] - 41:21,
53:17
rifle [1] - 49:7
rights [2] - 10:18,
87:20
rise [1] - 36:5
rises [1] - 53:3
Road [1] - 2:10
Rod [1] - 4:10
rodboutin@comcast
.net [1] - 2:12
Roderick [1] - 2:9
root [2] - 71:14, 79:11
rope [1] - 54:6
rotten [1] - 48:24
route [1] - 16:23
routine [3] - 31:19,
34:2, 34:5
rubber [1] - 27:11
rule [1] - 20:15
Rule [1] - 31:19

S
sails [1] - 77:12
saw [10] - 13:19, 41:6,
57:6, 57:11, 74:16,
74:20, 74:23, 75:3,
81:21
sawed [1] - 35:6
sawed-off [1] - 35:6
scary [1] - 50:3
scheduling [1] - 22:8

10
school [2] - 70:18,
83:17
scope [3] - 26:7, 49:7,
76:12
Scouts [1] - 32:11
Sea [1] - 32:11
seated [1] - 54:23
Seavey [7] - 71:6,
71:8, 72:10, 72:13,
72:15, 78:13
second [13] - 5:18,
6:7, 6:8, 10:3, 19:13,
32:2, 40:23, 48:11,
48:13, 61:5, 61:16,
72:9, 73:7
Security [2] - 24:25,
75:11
see [18] - 8:15, 8:17,
10:22, 13:21, 15:6,
15:11, 21:3, 45:11,
46:8, 46:14, 51:6,
57:9, 62:14, 70:20,
74:22, 75:1
seeing [1] - 52:19
seeks [3] - 16:1, 16:2,
18:1
seem [1] - 14:17
self [1] - 25:9
self-murder [1] - 25:9
send [5] - 37:4, 37:6,
43:21, 64:13, 68:11
sending [3] - 36:21,
36:24, 37:18
sensitive [1] - 15:15
sent [7] - 29:12, 67:13,
68:14, 70:4, 72:13,
72:21
sentence [3] - 7:8,
43:13, 47:7
serve [2] - 83:6, 83:7
served [4] - 7:5, 14:6,
14:8, 28:25
server [2] - 79:14,
79:20
service [9] - 6:11, 7:6,
7:10, 7:20, 18:1,
28:23, 28:24, 69:2,
82:13
set [2] - 53:13, 85:8
severe [1] - 58:10
shall [1] - 56:1
shame [2] - 26:15,
26:21
Shepard [1] - 70:12
sheriff [2] - 14:9,
14:11
shift [1] - 24:1
shifts [1] - 86:11
shingles [9] - 8:12,
44:24, 45:5, 53:8,

55:4, 55:7, 55:8,

55:23
shipping [1] - 7:7
shit [2] - 42:15, 46:20
shooting [1] - 15:10
shortly [2] - 58:20,
88:5
shotgun [2] - 34:13,
35:6
show [13] - 9:13,
26:19, 29:18, 29:25,
35:17, 35:22, 43:25,
44:3, 54:25, 55:24,
56:3, 62:18, 77:20
showed [1] - 29:20
showing [6] - 16:14,
16:23, 28:23, 35:23,
37:12, 37:13
shows [5] - 32:25,
55:7, 55:8, 55:9
sic [1] - 66:23
side [3] - 15:8, 18:17,
20:8
sides [1] - 15:3
significant [1] - 53:19
signs [1] - 55:8
simple [1] - 62:9
simply [2] - 68:15,
79:14
sit [3] - 8:2, 9:18, 65:6
sitting [1] - 14:20
situation [1] - 69:22
six [2] - 63:20, 66:20
sixty [1] - 43:10
sleep [1] - 48:3
slept [1] - 63:14
so.. [1] - 72:14
Social [2] - 24:25,
75:10
soldier [1] - 46:17
solicit [2] - 33:13,
33:14
soliciting [1] - 36:8
someone [1] - 26:5
Sophomore [1] - 54:8
sorry [5] - 18:23, 30:7,
43:16, 46:12, 54:12
sort [3] - 22:8, 49:7,
56:23
sought [2] - 6:5, 67:10
sound [2] - 24:23,
49:10
sounded [1] - 57:12
sounds [2] - 19:14,
41:9
source [1] - 70:17
south [1] - 36:4
space [2] - 48:4, 48:8
speaker [1] - 22:15

speaks [1] - 63:9

Special [12] - 71:11,
72:1, 73:18, 73:21,
73:24, 74:3, 79:3,
79:6, 79:7, 79:8,
79:11
specific [1] - 6:3
specifically [3] 17:14, 18:15, 87:15
speech [1] - 18:14
spell [2] - 23:5, 23:17
spend [1] - 51:17
spread [1] - 42:22
square [1] - 48:23
squarely [1] - 53:22
ss [1] - 89:4
stage [1] - 55:9
staking [1] - 25:6
stamp [1] - 50:23
stand [4] - 4:17, 5:9,
15:25, 58:19
standard [1] - 36:3
standing [2] - 15:23,
34:23
start [3] - 24:5, 84:25,
86:8
started [3] - 22:16,
50:18, 64:8
STATE [1] - 1:1
state [4] - 23:6, 23:18,
30:13, 40:9
State [4] - 1:18, 12:13,
89:4, 89:8
statement [18] - 6:9,
6:13, 6:16, 6:20,
6:25, 7:4, 7:13,
17:25, 26:18, 26:25,
28:5, 41:15, 47:16,
48:6, 48:20, 53:24,
60:24, 61:22
statements [5] 17:19, 51:24, 52:2,
62:1, 86:16
States [3] - 25:7,
32:15, 63:25
states [11] - 8:3,
10:15, 11:25, 61:10,
63:20, 66:19, 66:24,
67:1, 67:2, 67:4,
67:8
statute [19] - 5:19,
7:17, 10:16, 10:17,
10:18, 17:15, 17:17,
18:12, 20:13, 33:10,
33:14, 34:1, 52:4,
53:6, 80:15, 81:15,
86:17, 87:15
Statute [1] - 8:3
statutory [4] - 33:3,
52:9, 52:15, 87:7

PACE REPORTING
503.655.4183

stay [3] - 54:22, 83:7,

83:24
steps [1] - 85:8
stick [3] - 32:22,
34:13, 36:17
still [10] - 12:8, 35:15,
47:21, 48:21, 49:2,
58:16, 75:5, 80:23,
85:17
stipulate [1] - 39:18
Stolen [1] - 47:3
stomp [3] - 36:22,
37:5, 82:22
stop [10] - 10:3, 10:19,
19:4, 29:12, 48:12,
56:24, 77:22, 82:19,
82:20, 83:15
stopped [6] - 55:18,
56:24, 74:11, 82:18,
82:24, 83:20
stops [2] - 45:20,
48:22
store [1] - 7:7
street [1] - 57:6
strength [2] - 7:22,
81:22
stress [5] - 8:12,
44:23, 44:24, 53:8,
55:5
strike [1] - 82:4
stripes [1] - 43:4
strong [1] - 51:24
strongly [1] - 10:3
stuff [3] - 40:9, 78:25,
83:17
subject [8] - 5:13,
5:16, 21:3, 40:10,
67:17, 80:5, 85:25,
86:23
Subject [1] - 41:10
substantial [1] - 69:18
substitute [2] - 7:6,
7:10
sudden [1] - 14:15
sue [2] - 47:25, 62:24
sued [1] - 82:2
suffer [1] - 45:11
suffering [1] - 45:21
sufficient [1] - 86:20
suggesting [1] - 17:3
suicide [2] - 25:8,
78:16
Suite [1] - 2:10
Summerlin [1] - 64:6
summons [2] - 6:11,
18:1
sun's [1] - 36:5
Sunday [2] - 8:17,
57:9
Supreme [5] - 10:11,

47:4, 47:6, 47:7,

48:25
surprise [6] - 15:20,
16:8, 17:4, 18:8,
19:10, 20:2
surrounded [1] - 76:4
surrounding [1] 11:18
survey [1] - 60:5
suspended [1] - 76:1
sustain [5] - 40:24,
49:19, 49:23, 50:7,
57:21
SW [1] - 2:4
swear [1] - 22:23
sworn [6] - 17:19,
17:25, 22:21, 23:2,
23:10, 23:14

T
table [1] - 21:18
tall [1] - 54:4
tap [1] - 14:20
target [2] - 25:16,
35:21
targeting [1] - 65:7
tasked [1] - 72:19
team [1] - 12:18
telephone [2] - 15:22,
81:20
Television [1] - 9:5
television [1] - 77:20
Tem [1] - 1:17
temporary [2] - 82:17,
82:24
ten [10] - 11:16, 18:16,
63:20, 66:19, 66:23,
67:1, 67:2, 67:4,
67:7, 73:20
Terence [1] - 44:5
term [5] - 28:21,
41:11, 42:12, 42:14
terms [6] - 15:1,
15:11, 15:12, 15:17,
20:2, 20:11
terror [1] - 54:7
terrorism [1] - 8:14
terrorize [1] - 25:17
Terrorized [1] - 8:6
terrorized [1] - 9:14
terrorizing [4] - 8:10,
25:2, 35:21, 72:19
testified [13] - 23:3,
23:15, 37:22, 37:23,
38:24, 48:19, 49:21,
62:10, 66:23, 69:21,
78:15, 81:17, 82:14
testify [4] - 33:19,
34:19, 54:21, 66:8

11
testifying [6] - 24:6,
27:22, 27:24, 30:24,
33:24, 55:12
testimony [17] - 12:21,
13:18, 23:11, 30:2,
40:25, 45:21, 58:22,
61:12, 62:4, 62:20,
64:14, 75:3, 75:5,
78:4, 78:18, 81:22,
81:23
THAT [1] - 1:15
THE [242] - 1:1, 1:2,
2:3, 2:8, 4:3, 4:6,
4:8, 4:12, 4:15, 4:20,
5:2, 7:24, 9:25, 10:2,
10:10, 10:21, 11:3,
11:6, 11:10, 11:13,
11:17, 11:23, 12:1,
12:4, 12:11, 12:24,
13:4, 13:7, 13:10,
13:18, 13:23, 14:6,
14:11, 14:23, 16:7,
16:19, 17:2, 17:8,
18:19, 18:25, 19:3,
19:8, 20:24, 21:8,
21:10, 21:11, 21:12,
21:13, 21:15, 21:16,
21:19, 21:24, 22:4,
22:6, 22:11, 22:14,
22:23, 23:5, 23:8,
23:17, 23:19, 23:21,
24:9, 24:12, 24:14,
24:21, 25:19, 25:24,
26:5, 26:11, 27:3,
27:7, 27:16, 27:22,
28:1, 28:6, 28:12,
29:19, 29:21, 30:3,
30:7, 30:10, 30:15,
30:18, 30:23, 31:2,
31:5, 31:10, 32:2,
32:3, 32:4, 32:21,
32:24, 33:9, 33:22,
34:6, 34:16, 34:18,
34:25, 35:2, 35:4,
35:14, 35:19, 35:22,
36:2, 36:11, 36:17,
37:9, 37:14, 37:17,
37:19, 38:23, 39:6,
39:9, 39:13, 39:14,
39:17, 39:22, 40:2,
40:4, 40:18, 40:23,
41:4, 42:6, 42:9,
44:8, 44:11, 44:16,
44:18, 45:25, 46:2,
46:23, 48:12, 48:16,
49:17, 49:19, 50:7,
50:9, 51:9, 51:10,
51:19, 51:22, 52:2,
52:6, 52:22, 52:25,
53:5, 54:14, 54:17,
54:20, 54:23, 55:12,

55:16, 55:21, 56:3,

56:5, 56:9, 56:11,
56:14, 56:15, 56:17,
57:1, 57:21, 57:24,
58:14, 58:17, 58:24,
59:6, 59:9, 59:14,
59:20, 59:22, 60:1,
60:10, 62:8, 62:14,
62:16, 62:19, 63:1,
63:2, 63:7, 63:10,
64:5, 64:6, 64:14,
64:16, 64:20, 65:10,
66:1, 66:3, 66:6,
66:8, 66:10, 66:11,
68:22, 69:11, 69:13,
69:15, 69:17, 69:21,
69:25, 70:1, 70:2,
72:23, 73:1, 76:9,
76:10, 76:11, 76:14,
76:16, 76:17, 76:22,
77:1, 77:18, 77:22,
78:1, 78:6, 78:9,
78:17, 79:21, 79:24,
80:2, 82:4, 83:1,
84:3, 84:10, 84:13,
84:19, 84:23, 84:25,
85:11, 85:16, 86:4,
86:7, 87:12, 87:17,
87:19, 88:2, 88:7,
88:12, 88:15
thereafter [1] - 26:17
thereby [1] - 79:13
therefore [2] - 6:5,
17:25
they've [1] - 84:14
thief [1] - 29:3
thieves [2] - 28:18,
48:25
thinking [1] - 47:19
Thomas [1] - 1:16
thoughts [1] - 58:13
thousand [2] - 43:10,
75:13
thousands [1] - 32:12
threaten [3] - 29:14,
35:5, 53:19
threatened [1] - 33:1
threats [6] - 36:19,
48:7, 53:18, 82:18,
82:19, 82:20
three [4] - 21:14, 46:7,
50:17, 81:18
threw [1] - 14:16
throw [1] - 48:24
throwing [1] - 86:16
ticket [2] - 65:18,
65:20
tie [1] - 86:21
Tigard [7] - 2:5, 7:12,
57:7, 63:14, 70:18,

74:19, 74:23
Tigard-Tualatin [1] 70:18
tile [5] - 67:16, 67:21,
67:22, 67:24, 68:18
today [16] - 6:6, 19:6,
21:18, 23:11, 26:3,
28:14, 40:12, 46:11,
63:13, 68:15, 69:3,
69:7, 74:12, 84:7,
85:1, 85:15
tomatoes [1] - 48:24
tomorrow [3] - 9:8,
58:3, 58:5
took [5] - 12:15,
16:14, 29:3, 59:3,
70:23
tool [1] - 82:22
top [3] - 49:7, 70:22,
72:3
Topeka [3] - 61:17,
62:23
torrent [1] - 53:14
totally [2] - 69:9,
69:17
tourist [1] - 67:10
tracking [1] - 52:4
traffic [2] - 65:17,
65:20
transcribed [1] 89:10
TRANSCRIPT [1] 1:12
transcript [2] - 89:9,
89:11
travel [3] - 16:24, 79:9
travelled [1] - 12:19
travels [1] - 16:3
treatment [1] - 56:19
trip [2] - 16:12, 67:8
trouble [1] - 67:21
true [7] - 5:11, 33:6,
41:23, 41:24, 58:9,
87:2, 89:11
truth [2] - 41:12, 52:11
truthful [1] - 13:3
try [4] - 36:8, 39:3,
77:14, 85:2
trying [7] - 14:21,
34:6, 35:17, 39:7,
44:13, 52:6, 84:14
Tualatin [3] - 9:4,
57:19, 70:18
turn [1] - 86:9
turning [1] - 53:21
TV [3] - 9:12, 9:13,
43:25
twice [1] - 76:5
two [14] - 4:11, 5:24,
7:19, 17:9, 21:13,

PACE REPORTING
503.655.4183

30:5, 30:8, 40:7,

52:10, 55:14, 63:20,
75:13, 80:7, 85:5
twofold [1] - 5:5
type [1] - 36:13

U
ultimate [1] - 63:18
under [18] - 5:19, 7:17,
8:5, 10:16, 10:18,
17:17, 18:11, 23:3,
23:15, 30:13, 31:18,
34:19, 42:4, 45:14,
49:10, 78:6, 85:18
unhappy [1] - 47:3
unidentified [1] - 7:6
uniform [2] - 72:20
United [3] - 25:7,
32:15, 63:25
unleash [1] - 83:13
unleashed [1] - 57:22
unless [1] - 78:3
unmarked [1] - 72:12
Unmarked [1] - 61:1
untruthful [1] - 14:4
up [17] - 5:3, 6:25,
8:24, 14:20, 33:4,
34:12, 43:21, 48:21,
50:25, 78:24, 78:25,
81:24, 81:25, 82:2,
83:24, 85:7, 88:4
US [6] - 17:21, 25:11,
28:10, 47:7, 48:18,
65:13
uses [3] - 12:9, 16:2,
81:9
ussyorktowncvs10
@yahoo.com [2] 2:5, 68:4
usual [1] - 23:20

V
VA [4] - 55:17, 56:20,
75:10, 82:12
vague [1] - 49:20
valor [3] - 28:18, 29:3,
48:25
Valor [1] - 47:3
value [1] - 12:22
verify [1] - 10:22
vernacular [1] - 28:17
version [1] - 18:4
versus [4] - 15:12,
33:20, 47:7, 48:19
veterans [3] - 25:13,
25:14, 72:19
Veterans [2] - 9:2,
25:9

VFW [4] - 9:3, 43:22,

57:17, 57:19
victims [1] - 73:9
Victor [1] - 23:7
Vietnam [2] - 25:9,
29:2
view [1] - 18:5
vigilantes [1] - 49:1
village [1] - 48:23
violation [1] - 65:18
Virginia [13] - 5:8,
5:11, 8:9, 12:6,
12:13, 14:5, 14:12,
16:11, 17:1, 17:4,
19:9, 19:11, 42:12
VOICE [7] - 22:10,
84:8, 84:11, 84:18,
84:21, 84:24, 85:10
voice [1] - 87:11
vs [1] - 1:6

W
wait [3] - 19:24, 21:6,
29:23
waiting [1] - 51:6
waive [1] - 24:17
walked [2] - 75:22,
75:25
walker [1] - 16:2
walking [1] - 15:24
WANTED [10] - 9:15,
9:24, 26:20, 38:12,
59:2, 61:2, 61:7,
83:9, 83:12, 83:23
wants [1] - 28:6
War [2] - 9:2, 29:2
war [1] - 25:15
warning [2] - 78:22
warrant [2] - 47:8,
48:25
Wasco [1] - 34:20
WASHINGTON [1] 1:2
Washington [11] 1:18, 6:12, 7:18,
10:25, 11:4, 11:23,
12:19, 13:15, 16:21,
17:23, 81:19
weapons [1] - 48:10
wearing [3] - 43:4,
43:6, 72:20
web [1] - 72:3
website [23] - 26:24,
28:15, 28:16, 29:7,
29:8, 38:11, 46:6,
46:7, 46:9, 46:14,
47:21, 49:2, 62:3,
71:11, 71:13, 71:16,
72:5, 72:8, 73:3,

12
73:18, 73:21, 74:1,
79:16
websites [2] - 71:14,
79:19
week [2] - 72:2, 84:20
weekend [1] - 45:13
weeks [6] - 5:24, 7:19,
14:19, 63:24, 63:25,
66:20
West [13] - 5:8, 5:11,
8:9, 12:6, 12:13,
14:5, 14:12, 16:11,
16:25, 17:4, 19:9,
19:11, 42:12
wheelchair [2] - 16:3,
16:16
whiskers [1] - 70:22
White [4] - 16:12,
16:14, 16:23, 17:1
Whittenberg [1] 36:22
Whittinger [1] - 36:25
whole [3] - 79:13,
81:22, 88:14
Wickentide [1] - 37:1
Wicker [1] - 34:12
wife [9] - 8:11, 45:8,
45:11, 45:18, 45:21,
47:11, 64:19, 65:7,
82:18
wife's [2] - 45:13,
64:16
willful [1] - 53:9
Williams [3] - 33:20,
34:3, 34:19
wind [1] - 77:12
winter [1] - 36:4
withdraw [1] - 77:25
WITNESS [25] - 23:19,
32:3, 34:18, 37:9,
37:17, 39:6, 39:13,
46:23, 51:10, 56:14,
62:14, 62:19, 63:2,
64:6, 64:16, 66:1,
66:6, 66:10, 69:13,
69:17, 69:25, 70:2,
76:10, 76:14, 76:16
witness [19] - 22:20,
22:24, 24:7, 24:9,
24:15, 27:20, 27:21,
27:24, 30:19, 31:17,
38:24, 39:2, 46:3,
49:18, 50:5, 53:25,
54:15, 58:16
Witness [2] - 3:1,
89:15
witnesses [8] - 20:22,
21:1, 21:2, 21:3,
21:14, 24:10, 84:9,
84:17

woman [3] - 61:17,

62:23
women [1] - 76:1
word [1] - 20:3
words [4] - 33:2,
41:19, 47:12, 47:13
world [1] - 42:23
worth [1] - 85:1
wrap [1] - 6:25
write [1] - 67:23
writes [1] - 58:2
wrote [5] - 46:10,
46:15, 47:10, 47:20,
48:2

Y
yacht [1] - 32:14
year [4] - 11:15, 56:17,
74:10, 78:11
years [19] - 25:1, 25:3,
28:24, 29:1, 30:14,
50:17, 66:7, 69:9,
69:20, 70:20, 70:23,
73:20, 75:13, 77:5,
79:7, 80:8, 82:3,
82:10
yell [1] - 43:1
yelled [1] - 76:3
yellow [1] - 61:9
Yelp [1] - 77:8
yourself [6] - 4:24,
20:22, 24:6, 31:2,
55:13, 55:22

PACE REPORTING
503.655.4183