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KENT COUNTY COURTROOM 6
------------------------X
IN THE MATTER OF:
PATRICIA P. DRISCOLL,
Petitioner,
File No.:
CK14-02747
Vs. Petition No.:
14-30621
KURT T. BUSCH,
Respondent ..
------------------------X
Transcript of Proceedings
WI T N E S S E S
n PETITIONER: RE RE v.
WITNESS DIRECT CROSS DIRECT CROSS D. J
P. Driscoll 10 68
RESPONDENT: RE RE V.
WITNESS DIRECT CROSS DIRECT CROSS D. J
E X H I B I T S
PETITIONER:
IDENTIFICATION DESCRIPTION I. D. IN EV.
1 Text messages from 9/26/14 22
2 Text messages from 9/26/14 42
3 Photograph of Ms. Driscoll 47
4 Photograph of Ms. Driscoll 49
5 Photograph of Ms. Driscoll 50
6 Photograph of Ms. Driscoll 51
l 7 Text messages from 10/18/14 64
RESPONDENT:
IDENTIFICATION DESCRIPTION I. D. IN EV.
1 Text messages from 9/23/14 128
2 Text message chain between
Ms. Driscoll and Mr. Busch 162
3 Letter to Mr. Dycio 213
4 Pocket Commando video 227
5 Petitioner's email to 236
Mr. Zipadelli
6 10/22/14 letter from 254
Petitioner's attorney
To Mr. Conley in Troy MI
7 Copy of tweet made by 256
Petitioner on 10/22/14
;
\ ___)
4 everyone.
6 Honor.
8 Honor.
24 means that it's more likely than not that Mr. Busch
9 also.
22 Mr. Busch.
7 Court has for the parties is are there issues that are
1 had not changed, and she enters into his bedroom with
10 chronology.
22 about how she still loves Kurt, how she can't believe
/~
1 you are. You owe me something, and your lawyering up,
( 1
2 Kurt, is going in the wrong direction."
15 hearsay.
i
25 Honor, I am telling you that Mark Dycio writes, "As I
\ ~·-:
24 first witness.
1 Patricia Driscoll.
8 Driscoll.
11 you G-d?
16 DIRECT EXAMINATION
19 A: Good morning.
21 ma'am?
25 A: 12/14/77.
4 A: Yes.
16 A: Yes ma'am.
19 years.
25 day.
,~
1 Q: Okay. So you spoke to each other on the phone?
I \
\ I
2 A: We spoke to each other on the phone, we texted.
14 solely responsible for paying all the bills, for Mr. Busch
19 Q: What is your-
1 City?
( \
/
2 A: He attends school in Ellicott City.
13 any-excuse me.
15 in Ellicott City?
18 house too.
19 Q: Okay, any-
relationship.
further?
1 thank you.
4 2014?
5 A: Yes, I did.
11 on that weekend?
12 A: Yes.
8 event?
14 to the track.
17 A: I did not.
21 angry with him for the stuff that he had said to me and
24 morning.
4 with my staff, who was there at his media hit in New York
11 A: Yes.
12 Q: --appearances?
13 A: Correct.
21 Busch?
(,.-·-----......\
1 THE COURT: Okay. And were you working in
I I
15 interruption.
20 thing.
23 lot to build his brand and his image, and we got him a lot
1 him-
2 A: Correct.
4 did-
5 A: Right.
8 to Dover?
15 A: Sorry.
20 had a big fight, and it's usually around the end of the
10 things out.
12 A: Yes, I did.
17 down."
22 A: Really worried.
23 Q: I'm sorry?
6 said "I know that everything feels like it's coming down
8 Q: Okay.
15 and he's the kind of guy to yell, and throw, and break
16 things, and he's not the kind of guy to lay on the floor
20 matter.
6 messages.
13 Petitioner's 1.
21 you?
23 okay."
25 him?
1 A: Yes.
6 A: Yes.
8 A: No.
13 which way is up, but for some reason you confuse me more,
)
/
14 and your timing is impeccable."
16 Years in Tibet?
17 A: No.
19 sentence?
\ )
25 don't love anything right now."
\~
3 here for you. The world feels like it's coming down
7 replied."
9 to-strike that.
18 A: Yes.
25. could get there before I could, and stop by and see Kurt
decide to do?
his family around him, and to know that he's loved and
cared for.
Dover?
showed my ID.
5 girlfriend.
7 in Dover?
8 A: About 10:00.
17 and I."
1 years.
(
2 Q: Okay. Do you keep any clothing there?
3 A: Yes.
9 everything.
17 home?
22 there?
1 Q: Okay.
(
2 A: And then I asked Houston if he would please go to
8 that day?
12 A: He did.
15 And he's like "You're a fucking psycho, why are you here?"
19 A: He looked crazy.
20 Q: All right.
22 pale, and just didn't even look like himself. And I told
24 going off about his team, and how fucked up everybody is,
25 and he hates the team, and then he would jump back to-his
)
Ubiqus/N ation-Wide Reporting & Convention Coverage
22 Cortlandt Street- Suite 802, New York, NY 10007
Phone: 212-346-6666 * 800-221-7242 *Fax: 888-412-3655
DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 29
5 I told him "No, I'm keeping the car and you're getting
7 Q: In the car?
8 A: In the car.
11 of the car after the race, after cussing out his entire
21 Logan Airport, and I asked him to pull over and get out.
23 And I just told him "Just get out." And I left. I left
11 A:
14 had killed that kid, and is ruining his entire career, and
16 he should have had a crew chief change, and his crew chief
25 going off about how horrible the team was, and that he
4 shoot himself.
5 Q: How did it make you feel when you heard him make
6 that threat?
7 A: Scared.
19 those statements?
25 TV.
',_J
4 kept going off about the team, and he told me that he had
6 the way that he talks to the crew members, and that this
8 trouble.
11 been warned and yelled at, that he went back and screamed
15 out.
17 are you doing this?" And he said "I just-I don't want a
20 And then he said "And I don't want you here, and you
22 love you no matter what happens with this race team, and
6 Q: Okay.
8 he's done with everything, he's done with the team, you
9 know, and said again "If I had a gun I would just kill
13 and you and I are going to go sit down and talk to that
\
I
14 little boy and let him know that we're finished," because
24 season."
10 throat with one hand, and my face with the other, and he
13 about?
(
14 A: He did this to my face and my throat.
17 throat.
19 your throat?
21 wall.
24 Q: He just-I'm sorry?
25 A: Snapped.
1 Q: Snapped? Mm-hmm.
(
2 A: And I couldn't breathe. - - [Crying].
4 recess? It's-
8 saying.
11 recess.
3 and by the face, and smashed my head into the wall three
4 times.
7 hand?
15 McNeice.
21 your throat?
25 times.
',
', _)
_/
3 me.
5 face?
7 head.
8 Q: I'm sorry?
14 away.
15 Q: How did-
20 Q: Shoved him?
25 A: In the bedroom.
\ --~
)
3 slide-outs, but the bed, and then two night stands that
4 are built into the wall, and then there's a closet that's
7 the head of the bed, what side was Mr. Busch on?
10 that you had, or the conversation you had with Mr. Busch?
14 A: 18 to 24".
19 A: I was standing.
22 talking.
25 then?
10 don't understand.
17 I'm crying.
19 where you were with Mr. Busch and the Terry's motor home?
4 Kurt and I, when Kurt got fired from Penske, and when he
10 kids, they have a little day care, and we drop the kids
11 off during the races, where the kids get together and
1 material?
7 crushed.
12 A: Around 10:00.
17 your face?
20 evening?
21 A: Yes.
I I
25 THE COURT: Ten minutes after you left or
\"'-._ ___,/
7 identify this?
12 that correct?
13 A: Yes.
16 A: No, it is not.
23 thank you.
5 that cooperative."
7 "custody shit"?
10 Q: Okay.
14 correct?
15 A: Correct.
20 A: It's a threat.
2 me.
4 home?
5 A: About an hour.
8 car, and buckled him in. And he just laid down in the
20 communication-
23 the incident?
1 interruption.
4 A: Yes.
7 hotel near the track and I told them "No, I didn't want to
10 correct?
11 A: Correct.
17 correct?
18 A: He was asleep.
21 A: No.
22 Q: Okay. Now-
24 or anything either.
I I
25 Q: Okay. Did he send you further texts?
\
'-.____/
1 A: No.
4 me.
6 A: Yes.
12 Q: Okay.
16 look at myself for the first time, and I saw the bruises
20 A: This is me.
25 Petitioner's 3.
4 as Petitioner's 3.
8 A: I did.
11 is in my bathroom.
17 here.
2 And down a little bit below my neck you can see some more
5 A: My iPhone.
8 A: Yeah.
10 picture?
14 photograph?
18 thank you.
20 may.
22 identify that?
24 in the morning.
4 Petitioner's 4.
11 Hardin.
17 as Petitioner's 4.
2 cheek.
7 neck.
9 Honor?
16 A: I did.
20 Petitioner's 5.
24 Petitioner's 5.
4 believe reflects-
14 A: I did.
18 Petitioner's 6.
22 admitted as Petitioner's 6.
14 pain?
18 grabbed the ice pack when I let her in the kitchen door.
20 head until she left. And I got another one and I took it
25 A: Waleska Rodriguez.
3 A: I did.
11 I went upstairs and went to bed and turned the alarm on,
13 Q: And?
18 A: About 6:30.
2 the weekend.
5 A: Yes ma'am.
7 A: Correct.
15 signing up.
25 A: Florida.
8 Q: What did you do the next day, after you told your
12 and my neck.
15 that night, and I went and grabbed her from the airport.
18 camera that I had around the house, got them all turned
19 on. And some that I had in the closet, I put them on.
24 room.
4 that-
15 her until, you know, for an hour or so. And then they
17 And then her husband came back with her later on in the
20 Q: Okay.
24
I 25 A: Yes.
\.
"
~)
2 A: Yes.
8 understand.
11 Q: When was the next time you heard from Mr. Busch?
18 Petitioner's 2?
19 Q: Is that the-
24 p.m.?
)
25 THE WITNESS: Yes sir.
',.___/
7 A: Yes.
15 on with Tony.
17 A: Correct.
20 personal problems"?
5 A: I did not.
9 New Hampshire.
16 time?
17 A: She said she did not, and she said, when she
19 reservation for him. And she just told me, "Just get
21 fine."
23 A: No.
25 employment?
3 the track.
14
18 gone, but the bruises were darker, and there were still
1 me, and there's no chance that I was ever going back. And
/
I
9 Q: And what-
/
1 And I have a lot of things going on with my foundation
(
4 week?
5 A: Yes ma'am.
11 Q: Did you have any contact with Mr. Busch after the
17 Mr. Busch?
20 A: Mark Dycio.
24 for my foundation.
25 Q: I see.
3 A: Also a friend.
10 at this point"?
19 incident.
22 recess?
6 as Petitioner's 7.
19 as Petitioner's 7.
23 message?
1 A: Yup.
(
4 Q: And-
7 Q: Okay.
12 Q: Okay, and what did you say? Can you read that
13 please?
18 chosen"?
23 Q: And?
4 on that day?
5 A: I did not.
6 Q: Okay. And-
12 A: Never.
15 that date and today's date, did you ever ask Mr. Busch for
16 money?
21 Busch?
23 of the press.
24 Q: Okay.
/
1 have not given any comment.
(
2 Q: Okay.
4 through my attorney.
6 time.
23 roll through.
1 before cross?
(
2 THE WITNESS: No.
4 CROSS EXAMINATION
7 have we?
8 A: No.
11 A: No.
14 A: He does.
24 background.
5 since 2001.
7 A: 37.
9 A: Self-employed.
10 Q: Doing what?
12 Systems.
16 A: 2005.
17 Q: Okay.
25 A: Okay.
4 A: Correct.
6 A: Nine.
10 A: Correct.
15 know how to spell it? Could you spell it for us, please?
17 0-R-F-E-R.
18 Q: All right. At the time you met him how were you
19 employed?
12 husband.
17 the worst.
22 A: Yes sir.
25 A: Yes sir.
3 that, it's in
6 you said to the Court when you asked for it? Would it
8 A: Yes please.
14 how did you type this, how did you report this?
17 A: No.
20 other-
1 A: I can't say where she was when she typed this up.
(
2 Q: But you were not with her?
5 A: Yes.
11 worked.
14 A: Yes.
19 didn't he?
24 A: Yes, it was.
3 A: No, it wasn't.
5 right?
6 A: Yes.
16 have discussions.
18 you said you sent text messages you didn't let him know by
21 years.
24 A: No.
1 he?
(
5 you?
8 knowing you were coming, did you not? And you came
10 A: Mr. Hardin-
11 Q: Is that true?
18 given an opportunity-
22 there.
4 A: No, it is not.
10 A: Yes.
16 there.
21 Q: All right.
16 A: Mr. Busch.
19 A: Very close.
21 A: Yes.
23 A: Yes.
25 A: Very good.
\,
--._
/
1 Q: .Was Mr. Busch very fond of Houston?
!
2 A: Yes, very much so.
4 A: Yes.
8 A: Yes.
12 there.
15 occurred?
16 A: Yes.
23 Q: No rna' am.
20 was he in bed?
21 A: Yes.
23 A: Yes.
25 nude?
1 A: Yes.
(
I,
6 A: Yes.
17 did not take Houston to get him set up with the TV. That
21 did not take him to the front and close the door? Is
23 the question.
4 not get out of bed, and he did not take Houston to the
5 front of the motor horne, and the door was not closed to
6 the bedroom.
9 A: No.
10 Q: How far away would Houston have been from the two
\
13 Q: Okay. Can you do it by measuring looking in this
)
14 courtroom, comparing it to some distance?
16 right now.
22 A: Approximately.
1 ?
2 A: Yes sir.
5 actually occurred with you and your son coming into his
7 page 3-
10 A: Okay.
12 Do you have any idea why you and your lawyer did not
15 nine-year-old son?
18 you not, that there was media that we're aware of of the
22 it.
2 Q: Excuse me-
5 A: Okay.
8 5th, that there were articles and public comment about this
10 awareness?
13 station.
I
/
14 Q: This was actually done at the same time you were
16 A: Yes sir.
19 A: Yes sir.
23 A: Yes.
1 A: Yes sir.
(
2 Q: And you filed this complaint and signed it in
3 front of the Dover Police at the same time you were making
5 Busch, correct?
7 detective, yes.
9 A: My attorney, Carolyn-
10 Q: I see, okay-
14 A: Yes.
19 protected as victims.
25 media.
5 A: Eventually yes.
10 was uninvited.
13 A: No.
15 A: No.
17 A: No.
18 Q: And so, did you have any indication from him that
21 Q: He what?
2 doing?
5 doing?
13 there?
16 mentioned some other people that you left and went over to
21 A: Yes.
22 Q: And how far away was that motor home from Mr.
23 Busch's?
25 corner.
A: Yes.
A: Yes.
A: No.
that?
A: No.
A: Yes sir.
A: Yes.
3 A: It did.
10 Q: Pardon me?
13 was that?
14 A: Sunday.
17 A: Yes.
24 A: Yes.
1 A: Yes.
3 A: Yes.
5 A: Yes.
7 he?
11 it today, correct?
12 A: Yes.
19 you?
22 is, you sat here today, did you not, and used names and
3 me.
8 A: --conversation.
14 happened.
6 the press?
16 that you knew that the things that you said would be
19 Mr. Hardin.
24 did you not, that you primarily handled the publicity for
1 A: Yes sir.
(
2 Q: And it's your position-you've told others haven't
3 you that you made his career these last four years?
5 did say I made him. I said I helped improve his image and
6 brand.
8 you not, that you feel that you should be compensated for
12 overruled.
15 all the work, that it's over. Kurt and I always discussed
17 him.
20 A: Yes sir.
23 A: No sir.
A: Yes.
A: Yes.
A: Yes.
A: Yes.
this?
4 the media?
14 this.
16 two of you before this story broke the day you filed your
17 complaint, right?
22 happened?
23 A: Yes.
2 statement?
11 talked to her?
14 for you to-that I might have some questions for you with.
19 A: No, I-
21 A: --I don't.
1 A: No.
3 A: He is my employee.
6 Forces Foundation.
8 director?
12 A: Yes sir.
15 A: Yes sir.
17 A: Yes sir.
25 go to Dover.
2 A: Yes sir.
8 A: No.
11 the Monday after this event of the 26th, and tell the
\
13 A: He never-I never asked him to do that. He never
)
18 A: Nope.
20 [phonetic] is?
25 the foundation.
4 Charisse [phonetic]?
5 A: They're owners of - - .
8 A: Yes sir.
10 A: No.
12 A: No.
13 Q: Never?
14 A: No.
17 A: Cloutier.
19 A: Yes.
23 A: Yes.
5 A: Yes sir.
8 A: Yes sir.
10 A: My ex-husband.
14 A: Who?
15 Q: Richard Sniffer?
17 Q: Do I pronounce it wrongly?
20 [Background conversation]
25 A: Richard Andrew.
2 A: Andrew.
4 A: Yes sir.
6 Sniffen?
7 A: No.
9 A: Yes.
11 A: Okay.
13 A: Yes sir.
16 happened.
18 A: Yes sir.
22 I, you know, and he's a guy who came and works with our
25 friend of ours.
2 of yours?
3 A: Yes.
9 A: Yes sir.
10 Q: What?
11 A: Yes sir.
13 A: My attorneys.
16 Q: Pardon me?
20 Q: I'm sorry?
21 A: Wendy O'Neill.
24 A: No sir.
4 A: Andrews.
8 [Background conversation]
11 Andrews that?
13 Q: Pardon me?
21 fine too.
23 positive sir.
2 conversations with him after the 26th? Did you call him
3 and tell him this on the phone on the 26th or the 27th? Was
5 A: Yes sir.
6 Q: Pardon me?
9 you talked to that night, you talked to Mr. Terry and his
11 A: Yes sir.
'I 13 home?
I
14 A: Yes sir.
20 occasions?
21 A: Yes sir.
24 A: I don't know.
2 Q: Pardon me?
6 down?
7 A: No.
13 A: No.
)
14 Q: Did you ever tell him that you believed you had
17 feel that I have done a great job of fixing his image and
18 brand.
20 now, right?
25 on.
6 Q:
8 in an article.
12 remember?
14 that.
19 Q: Okay. Have you ever said that you and you alone
2 A: No.
4 Mr. Andrew?
10 A: Yes.
11 Q: Did you tell him that Kurt had bought you a car
15 A: No.
19 A: To Richard?
20 Q: Yes.
21 A: No.
1 A: No.
3 after this incident to give them your spin and people you
18 rather?
21 A: Yes sir.
24 A: Yes.
2 investigate this.
4 counsel at NASCAR?
7 and position.
11 tell in a forum that you know that will make NASCAR know
13 police, correct?
)
14 A: Yes sir.
16 A: Yes sir.
18 A: Yes sir.
21 A: Yes sir.
23 NASCAR?
24 A: Six years.
25 Q: Pardon me?
1 A: Six years.
3 A: Yes sir.
5 A: No.
7 NASCAR?
18 A: Yes.
21 A: Okay.
24 elaborate-
1/
1 THE COURT: --on "very well plugged in"
i
2 means.
9 image, would you say that you're familiar, much more than
12 with me?
14 sports.
15 Q: Pardon me?
17 sports.
24 the witness-
A: --taking place.
you.
A: Yes sir.
ma'am. It's-
both agree that you're each going to agree that you were
A: Yes sir.
police immediately?
for my son.
5 year, correct?
6 A: Yes sir.
8 A: Right.
11 A: Incorrect.
13 scheduled?
)
14 A: We had motions for dismissal already in to the
25 custody attorney?
5 correct?
6 A: Yes sir.
10 A: Yes sir.
12 week in October?
13 A: Sometime, yeah.
15 Sunday, the 21st, to Friday the 26th, you were still hoping
19 back together?
23 A: Yes.
25 A: Yes sir.
5 Q: Pardon me?
8 A: Yes, sir.
10 didn't you?
11 A: Yes.
13 A: Eventually.
)
14 Q: Well, he stopped the car, actually, right there
18 didn't he?
20 him. He got out of the car and I put the car in drive and
21 left.
3 A: Yes sir.
11 Q: I see.
13 Thursday morning.
16 A: Okay.
20 A: Yes sir.
23 A: No.
1 A: He said it.
2 Q: Pardon me?
4 Q: Okay. Now-
14 Driscoll-
22 parties want.
25 quickly?
3 of the road.
7 just down the end of the road where you can get some
9 [Background conversation]
(
13 THE COURT: Sure, will do. All right.
\
2 A: No sir.
4 come to you?
11 A: Not directly.
15 Q: Well-
21 to them?
6 to see me.
9 A: Yes sir.
17 make people scare me. I mean, it's been nonstop with you
22 questions of counsel.
24 before you ever filed this complaint, before you filed the
25 complaint with the police and before you asked for this
in Las Vegas?
A: No sir.
A: No sir.
A: I did not.
1 A: Not to my knowledge.
5 year?
6 A: No sir.
8 that this protective order that you are asking for hasn't
12 indication-
14 protective order-
22 A: Yes sir.
25 A: No sir.
2 he told you it was over, and you went off in your car and
6 A: No sir.
9 A: Yes sir.
11 A: No sir.
13 you?
)
14 A: I did not.
16 a notice for?
19 say that you finally returned the car, it had been damaged
24 trunk.
6 has no information-
7 A: No.
11 and answered.
14 question answered.
19 Q: Pardon me?
22 -on the 26th I believe you introduced some texts. Had you
25 A: No.
3 A: No sir.
6 A: Yes sir.
15 A: I'm sorry-
17 we talking about?
20
21 Q: Yes.
22 A: Is that a Wednesday?
25 to have happened.
1 A:
3 Thursday.
7 Q: Did you email her and tell her you were concerned
8 about Kurt?
12 kept dropping.
15 start to talk and it would drop, and I'd have to call her
18 A: Yes sir.
19 Q: Okay.
25 A: Yes sir.
1 Q: Okay. And was that still your goal when you went
(
5 we always do.
10 Exhibit 8-
11 [Background conversation]
14 MR. HARDIN: 8.
16 7.
18 the last-
21 make it R-8-
7 with her.
14 her then.
17 A: Yes sir.
20 mother?
7 recognize these?
18 as Respondent's 1.
3 these are texts forwarded to us, that's why you saw that
11 in front of me.
14 assaulted you?
20 A: Yes sir.
22 3:56 that day, "I'm worried sick about Kurt, can you
24 A: Yes.
1 A: Yes sir.
(
I
22 A: Yes sir.
2 that?
3 A: Yes sir.
9 Q: Pardon me?
13 your-
14 Q: Yours to her.
16 her.
18 really need to speak with you"? What was it that you were
21 with Kurt and I, and the fight that had happened, and that
25 Q: Whose alcoholism?
1 A: Kurt's alcoholism.
7 A: He did.
\
13 Q: Again, nobody asked you if he was an alcoholic,
)
14 did they, when you volunteered it?
17 talking to-
19 question to her.
4 can.
8 A: No sir.
10 that night?
12 Q: I see. So-
15 over the off season. And this is what our discussion was.
17 say every damn thing you think will harm his reputation?
22 strike it.
6 you.
8 been admitted.
11 look through it, and this is-I represent to you that this
13 time from Mr. Busch's cell phone. I want you to look and
22 can read those, and we'll come back in. You just let
18 year?
20 Q: Pardon me?
3 text messages that you all sent, but the things that
5 sent?
11 the messages?
13 Q: Ma'am-
18 have it?
20 station.
22 Police Station.
8 is admitted.
13 enforcement agencies?
14 A: No sir.
16 A: No sir.
18 A: No sir.
20 time?
21 A: Yes sir.
23 do they?
I '
25 Q: They don't say that you're afraid at all, do
' I
~/
they?
Q: I count 54 messages.
A: Okay.
single message.
did you say these things to him, and did he say these
6 Q: Ma'am-
10 A: Yes sir.
13 first.
17 A: Yes sir.
19 A: Yes sir.
21 A: Yes.
25 personally.
the time.
lawyers involved?
A: Yes sir.
A: I don't-
you had found out that Kurt has gone to a lawyer, right?
me out. And I'll let you say whatever you want after you
'
1 What this exchange is about is you are criticizing
\
15 are asked.
2 of doing that?
7 meeting date.
10 A: It is absolutely true.
16 MR. LIGUORI: 3.
20 admitted?
( )
25 had a lawyer write Mr. Dycio and tell Mr. Dycio that Kurt
~'
5 involved-
7 he was going to do, they were going to sit down and talk.
9 would you agree with me, for the Court to understand when
', 13 no?
)
14 A: I had asked Mr. Dycio to go meet with Kurt.
19 and so he-
7 this along. What are you fussing at him about on the 13th
11 A: Yes sir.
13 four weeks before you come in here and swear to this Court
)
_,1
15 correct?
16 A: Four weeks?
18 three weeks?
19 A: Okay.
8 when you fuss at him for getting a lawyer and saying he's
10 A: Now.
12 A: Yes sir.
13 Q: Okay.
15 my lawyer.
19 A: Yes sir.
22 A: Yes sir.
25 up and see bruises on your neck, and know that the person
\~
1 who supposedly loved you did that to you? And that your
(
2 whole world is now upside down because he attacked you?
9 A: Yes sir.
15 doesn't he?
16 A: Yes.
18 A: No.
20 Does he?
21 A: No.
23 A: Yes.
1 Right?
(
2 A: Yes.
6 ma'am, from September the 26th all the way through to when
7 you filed this November the 5th, and even until today, any
19 A: No.
22 A: I did not.
10 A: Yes sir.
13 not the whole story for why people get a PFA, and I
14 think it's-
1 A: What?
11 A: Yes.
10 A: No.
11 Q: --before this?
12 A: No.
20 me-
4 A: Yes sir.
6 to continue to do that-
18 that, ma'am?
22 to be quiet.
24 interpretation.
1 interpretation.
8 A: Yes.
11 A: Yes sir.
15 A: Motor home.
20 A: Yes.
23 safety?
4 home.
9 Mr. Hardin?
21 When he wrote that "I'm hurt too," then you wrote-do you
12 October the 13th, three weeks after where you claim that he
15 anywhere in here-
23 Q: Right.
25 evening.
2 spin you want. I'm just saying, you don't use those
3 words, do you?
5 to-
11 no.
22 complaining about-
3 He can ask you questions about what you mean, and you
7 you, did he not, at 8:44, nYou know me, I'm not the best
8 with words, so let me say this, I have a big heart for you
12 way."
17 relationship.
20 misinterpreting.
22 excuse me-
2 claim to both the police and this Court that you're afraid
9 Q: Is he saying that?
19 said, right? "You don't treat people you love the way you
23 A: Exactly.
25 "?
4 Dover.
6 your bills.
12 verbal abuse.
13 Q: And then-
)
14 A: And his physical abuse.
20 my custody"?
21 A: Yes.
22 Q: And then you say to me, "You lied to me, you kept
4 A: No.
6 A: No.
7 Q:
23 conversations.
\1
25 MR. HARDIN: And here's the problem-
I'
~
5 everything.
3 are words that you and he spoke during those seven days?
8 A: Yes.
21 windows-
25 little comments.
19 you.
i
25 it's going to be the third page, down at the bottom, where
\ )
',_____/
--------.. \
1 you had said "You lied to me, and kept lying to me about
I
2 our future before New Hampshire. I believed you. It was
5 A: Yes.
7 other women?
17 A: I guess.
20 A: Yes.
21 Q: And then you write back "It was all a lie. I'm
1 mean, ma'am-
3 Band-Aid."
6 between the-
18 A: No, there's-
24 "I'm sure you told your ex the same." And this response
25 here that comes after says "No, I just pulled the Band-
4 you said was "You just need to pull the Band-Aid"? Do you
7 something that-
20 answered.
23 And what I'm trying to point out to you is, isn't it true
I
25 sure you told your ex the same," he says "No, I just
\ :
~
2 right?
4 Q: All right, - -
6 Q: All right.
7 A: --by that.
10 Q: And you say to him, did you not, "You lied, you
11 lied every time you looked me in the eyes and told me how
I
25 afterwards I really believed you when you said I was the
,,____/ I
1 reason for your success, saved your life, and was your
12 A: Yes.
15 the other?
16 A: Okay.
18 you. Do you remember telling the Judge, when you guys did
20 one that starts the Sunday, October the 19th, 11:34 a.m.,
~,
1 THE COURT: That would be 7 I believe.
( )
2 MR. HARDIN: 7.
3 Q: Do you recall-
7 got to be 7 .
14 A: Yes.
17 you, does he not, on the 18th? Did you all have any email
20 exchanges either.
22 So, can we all agree that what you just read, would
24 a reply of resentment?
25 A: No.
1 Q: Okay.
(
2 A: Absolutely not. And-
3 Q: All right.
9 head into the wall. And I'm saying I'm having a hard time
15 my brain.
20 this point.
23 the 18ili, when Mr. Busch asks "Is Houston in bed yet,
24 can we talk?"
~·~
1 THE COURT: Okay.
( \
I )
6 Q: Well-
22 A: Yes.
1 you have chosen." And you write back to him then on the
2 next day, I think you told your lawyer, and says ~Kurt,
4 A: Yes.
7 foundation thing?
8 A: Yes.
16 A: Yes.
23 middle.
1 do you know?
6 [Crosstalk]
10 A: Okay.
14 have?
18 A: No.
1 my job is in jeopardy."
3 that?
9 A: Yes.
12 to meet with."
13 A: Correct
)
14 Q: "I made sure of it. I'm not sure what you mean
16 saying that?
19 question?
21 7 and Respondent's 2.
23 Respondent's 2.
9 to address-
13 A: I'm here.
I
14 Q: Okay. Actually, that exchange we just read that
16 right?
17 A: Yes.
19 answer?
23 sure of it. I'm not sure what you mean by 'where we are'
6 A: Yes.
11 of it was.
14 around and haven't been in the camp and haven't been with
19 Q: All right.
23 A: Correct.
5 A: Yes.
17 exhibit.
18 A: Yes.
22 here?
3 "Okay thank you," would you agree, he thanked you for what
4 you said?
5 A: Yeah.
17 threatens you?
20 to.
22 that week is him wanting to have you and your people stay
25 troops.
/
1 Q: Your troops?
I
2 A: Yeah, this is my foundation, the people I brought
3 to the track.
9 you don't want the man that you're upset with to be able
17 question.
13 system-
8 that?
13 A: Yes.
15 veterans?
16 A: Yes.
23 speculate on-
14 harass my staff.
16 mean by that?
1 just please-
9 threatened or bribed?
11 these people.
15 Q: We threatened him?
16 A: Yes, you did. And then you also bribed him and
22 assistance.
23 Q: Really?
24 A: Yes.
6 to talk.
7 Q: Did what?
12 realize that?
13 A: You bet.
14 Q: Pardon?
15 A: You bet.
18 members.
24 Ballard.
25 A: Matt Ballard.
1 Q: Was?
4 of saying?
6 Q: Who?
i
13 A: Yes.
II
15 offer?
24 conversation.
4 Q: And who-
9 that.
11 they said.
14 A: No.
16 A: No.
17 Q: All right.
21 redone.
17 A: My employee.
19 You can-
7 Q: Mr. Ballard-
13 A: I do not know.
20 Kurt?
2 A: Yes.
4 A: No.
5 Q: Okay.
9 understand?
15 they know?
18 to do with anything?
24 to an ongoing matter.
/
1 thing, I'm sorry, it got my staff very nervous and
(
18 Hardin?
20 much.
4 that right?
5 A: Yes sir.
8 A: Yes.
18 untrue?
19 A: Untrue.
23 Q: So is it your testimony-
5 A: Correct.
7 in the car-do you realize when I was asking you about Mr.
9 A: Okay.
13 him, did you later call him several times repeatedly after
14 the event?
15 A: Couple of times.
20 text?
21 A: Before this-
23 relationship.
24 A: Yes.
1 A: He doesn't email.
(
2 Q: Okay. Can you help us out with any text that you
7 ask you about texting and you can talk about other
8 stuff.
11 any way?
16 threatening.
17 Q: And-
24 the 21st until today, that Mr. Busch has in any way
3 threatens me.
6 A: Correct.
9 A: They were.
14 A: Yes.
15 Q: Which one?
21 messages in Respondent's 2?
24 or physical harm?
3 A: Yeah.
4 Q: We've heard-
6 Q: Ma'am...
9 asking you are for words ever exchanged between you and
12 A: Right here.
21 messages?
4 is what I said.
8 [Crosstalk]
11 Dover.
13 that?
14 A: Between?
20 Q: Okay, I'm-
22 clear.
8 arrived that night, how long would you say you were in his
9 trailer?
13 A: Once or twice.
)
14 Q: Do you contend to this Commissioner that during
21 A: Never.
9 already.
12 A: Yes sir.
14 A: No.
16 A: I ran.
18 A: No.
3 words to it.
7 throat?
10 On your throat?
11 A: Right. here.
15 Q: Okay.
17 like this.
19 A: And this.
(
1 have understood your testimony, and I'll understand
I
3 Mr. Hardin.
9 mentally?
12 connotations.
18 attorney.
3 medical attention?
4 A: No.
7 A: Mm-hmm.
9 A: Waleska Rodriguez.
11 morning?
12 A: 1:30.
13 Q: In the morning?
14 A: Yes.
16 A: Yes.
17 Q: Is she married?
18 A: Yes.
20 door, or what?
23 A: Houston.
2 A: Yes.
9 "So you didn't take him because you didn't have anybody to
15 day. I just assumed that we would talk and work this out.
19 A: That was-
25 correct? Right?
)
Ubiqus/Nation-Wide Reporting & Convention Coverage
22 Cortlandt Street- Suite 802, New York, NY 10007
Phone: 212-346-6666 * 800-221-7242 *Fax: 888-412-3655
CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 203
1 A: Yes.
(
2 Q: And she's a close enough friend that she's come
4 A: Yes.
10 Q: I see. Okay.
13 first thing you told Mr. Busch is, "I want you to tell
20 did you go get him? "Houston, come back," and again say
21 that-
2 A: Yes.
4 A: Yes.
7 A: Yes.
10 A: Yes.
12 A: No.
14 what he saw?
15 A: No.
18 A: Yes.
22 mean things.
1 direction.
( I
2 Q: I see, okay. So your answer-
6 A: No.
18 A: Correct.
20 based on what you say and what Mr. Busch says, correct?
21 A: Correct.
23 over-I don't expect you will agree with this, but by the
24 time you left and went to Mr. Terry, you talked to Mr.
20 relationship with.
2 allegations.
7 allegations.
10 Objection is sustained.
23 [Crosstalk]
7 [Background conversation]
11 A: Yes.
16 A: Exit 10.
17 Q: And?
21 A: No.
25 A: Yes.
3 A: Email him?
5 A: At what point?
6 Q: I'm sorry-
16 him, text message, excuse me, you sent him that night?
17 A: That night?
21 address this issue, is that what did you tell him before
2 what?
5 know what you should do, but maybe you should go out
8 after that?
9 A: After what?
14 [Crosstalk]
21 Q: At all?
)
25 A: I saw him at Starbucks on Monday.
/
2 A: Okay.
6 A: Okay.
10 A: Yes.
12 A: A text message.
14 A: No, I do not.
25 and 2.
2 attorney
5 evidence yet.
14 look at it.
17 A: Okay.
20 to introduce Respondent's 3.
22 looking at?
moved.
as Respondent's 3.
A: 1:37 p.m.
A: Yeah.
that right?
A: Yes.
the second page, someone sent Mr. Ballard-do you know who
2 A: He's my employee.
4 A: Matt Ballard.
6 A: Yes.
8 A: Yes.
13 Q: For whom?
19 with that.
21 weather-never mind.
24 catch on.
3 Q: Is she a friend?
6 employee of yours-
7 A: Yes.
14 did?
15 A: Yes.
24 related.
12 Q: Pardon me?
17 A: Yes.
21 A: Yes.
5 Kurt. And I do think the spot was really cool, and it was
8 very upbeat?
13 you told the Commissioner that you were in great pain that
)
14 day and lying on your sofa?
16 my phone.
17 Q: Okay. Now-
22 not going to deny that I loved him very much. I was with
8 appearances-
21 A: Yes sir.
23 Busch?
1 A: Yes sir.
3 you remained afraid for the next six weeks before you
4 reported it?
6 Q: Listen-
7 A: Yes.
11 Q: I see.
13 would be R-4.
16 MR. HARDIN:
21 minutes.
24 MS. MCNEICE: I-
7 video.
21 this woman-
1 the way she's portraying both the events that night and
2 herself.
4 made?
7 foundation-
1 about this.
12 And then she and counsel can review it, and then we'll
16 can-
10 recess.
12 [Background conversation]
\
13 decide it's inadmissible I think then it doesn't come in.
)
14 But I don't know how you, in the absence, would be able
16 it yourself.
19 THE CLERK:
24 this video and conclude that this lady is, just as her
1 reacted the way she claims she did not only the night of
2 the incident, but the fear she claims she's had for all
5 double duty for me. But I can do that. I've got next
12 [Background conversation]
16 Judge.
19 take at it-
22 admissible.
23 THE CLERK:
4 copy to be admitted?
15 now.
7 one he viewed.
9 viewed though.
13 [crosstalk]
19 you.
21 continue?
23 P A T R I C I A D R I S C 0 L L, having been
CROSS-EXAMINATION
BY MR. HARDIN
about some things that Mr. Busch had supposedly said about
A: Yes.
Q: Is that correct?
A: Yes.
A: Correct.
Q. Pardon me?
A: Correct.
kinds of bad things about Tony Stewart and how that affected
him or so?
A: Yes.
things?
things?
6 A: Yes.
7 Q: Okay. And then I'm going to show you what has been
9 an email, is it not?
10 A: Yep.
15 A: Stewart-Haas Racing.
19 A: Yes.
21 that right?
22 A: Yes.
23 Q: And that driving is the team that Mr. Busch had, was
I
' I
' 24 working on a three-year contract; is that right?
___/
'-._ _
1 A: Yes.
(
2 Q: And so this year, 2014, was his second year of that
5 Q: First year?
6 A: Yes.
13 A: No.
14 Q: Okay.
15 A: Not to my knowledge.
17 didn't we, that talked about where he was saying that he was
18 driving for his--he was driving next year for his contract?
23 A: Yes.
1 making.
I
I
2 A: Okay.
5 A: Yes.
7 career on the racetrack. And August the 12th of this year you
9 right?
10 A: Mm-hmm.
11 Q: Pardon me?
12 A: Yes, sir.
15 Q: Pardon me?
20 Eddie.
24 A: Yes.
' _/ )
4 A: Correct.
8 A: Yes.
11 A: Yes.
14 A: Yes.
16 Your Honor.
19 Honor.
1 then about Mr. Stewart and all was, I think it's inconsistent
(
2 to think she'd be doing all this to try to help a man that she
3 contends the guy that she was having a relationship with was
5 A: He was.
16 point.
18 looking?
9 testify--
18 into evidence.]
20 the Stewart people that he find people that the deceased young
22 A: Yes, sir.
2 driver, correct?
3 A: Yes, sir.
9 do it.
A:
Q:
A:
Q:
19 Q: Okay.
20 A: And it did turn out the kid had drugs in his system.
21 Q: And you--
23 Greg Zipadelli's wife saying, "Thank you for the email, and
24 the same from Greg." And Zipadelli's wife saying, "They used
1 your email. You didn't get the credit you deserved, but they
2 did. II
5 report . .I'm assured they didn't draw blood from Tony, but I
6 can guarantee they did the victim. If he was drunk, this only
8 A: Okay.
10 them?
19 in. And your whole point is it not over on the third page is,
21 A: Yes.
24 to manipulate and - - .
4 is not my life.
7 A: [Interposing] Yes.
8 Q: - - the media?
10 sit people down and talk to them about how they are going to
15 in a drag race.
16 Q: In 1965?
2 A: That's true.
14 incident.
18 just about a few things here. Could you tell the Judge who
1 Q: Pardon?
5 A: [Interposing] Oh.
7 Haas.
9 this?
10 A: Kurt was with Furniture Row for one full season and
11 I think six races. So in 2013 and the end of 2012. And Todd
17 calling him?
18 A: Yes.
19 Q: And you keep telling him over and over that Kurt
21 A: No.
(
\~
; 24 A: What?
4 this way?
6 Q: Yes.
10 A: What?
12 Q: Mr. Barrier.
19 A: No.
21 Kurt, or you want to tell this boy to his face that you don't
23 A: No.
6 That's what--
7 A: [Interposing] Right.
10 conversation.
19 it.
21 that one of the reasons you wanted your son there was for Kurt
22 to tell this boy to his face that you don't love him?
23 A: Absolutely not.
(
\ /
J 24 Q: And then do you recall a premiere movie at the
'--___../
I
1 NASCAR Hall of Fame in Charlotte?
(
2 A: Yes.
4 A: Mid-October.
7 A: Yes.
9 A: I did.
11 A: She was.
16 fucker and angry for him not showing up for your night?
17 A: No.
21 emails you looked at for not being there for your night ?
22 A: What?
4 to both me and your lawyer that you didn't want any money or
6 A: What?
9 Q: Yes. Yes.
14 I've done. I did not--we are not here talking about money. I
16 whatsoever.
18 that right?
19 A: Yes.
20 Q: That we've been talking about that you went all back
21 and did all the security stuff for, right? By the way, when
24 anything?
3 community?
4 A: What?
6 A .•. No.
8 A: Nope.
14 man was going to come on one of your houses and ask them to be
20 A: Which house?
22 A: Yes.
24 A: Yes.
2 A: September, October.
9 loan?
10 A: Yes.
16 A: Yes.
18 A: She is.
19 Q: And did you try to get her to put your name on the
21 A: Absolutely not.
23 A: Yes.
·... __) I 24 Q: Good. Have you ever looked at the title and seen
4 documents?
10 A: Correct.
15 A: Yes.
18 A: Yes.
21 asking you to agree with anything else. Just would you agree
1 A: Yes.
(
19 one. And I'm going to ask you, if you will look at that date,
23 A: Yes.
4 Michigan.
7 A: Yep.
22 A: Am I allowed to explain?
23 Q: Yes.
5 back with Mr. Busch, but I wanted Mr. Busch to get help. And
8 I wanted him to get help and get treatment for what caused the
11 it?
19 A: Yes.
4 Q: [Interposing] Well--
7 this?
8 A: No.
14 and some claims over a soldier who wasn't being taken care of.
21 chess player"?
1 with?
3 soldier's VA claim.
I
\ 13 MS. McNEICE: Of course. My ongoing objection
19 matter, as relevant.
1 be something you?
9 A: Thank you.
14 A: Yes.
17 guess?
18 A: Yes.
21 will be admitted.
1 there time--
9 is a different tweet.
15 because the first one--I think she agreed it's all stuff
1 4:30.
1 than ...
2 from counsel--
2 remaining time.
5 testimony between now and the time that you resume the
6 witness stand.
13 the morning.
22 tomorrow then?
I
I I
' 24 THE COURT: All right. Thank you all.
\~-~
3 [END HEARING]
C E R T I F I C A T E
Date: --------------~~~~~~~~~~~-----------------
December 26, 2014
)
C E R T I F I C A T E
Signature: