10A28641 2 2011-01-18 DepositionOfLisaMooty Ocr

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IN 1'1-IE STATE COURT OF DEKALB COUNTY STATE OF GEORGIA

CIVILACTIONNO.: IOA28641-2

PATRJCKC. DESMOND AND MARY C. DESMOND, INDIVIDUAIL Y, AND MARY C. DESMOND, AS ADMINISTRATRIX OF TI-lE ESTATE OF PATRJCK W. DESMOND,

Plaintiffs, vs. NARCONON OF GEORGIA, INC., DELGADO DEVELOPMENf, INC., SOVEREIGN PLACE, LLC, SOVEREIGN PLACE APARTMENT MANAGEMENT, INC., LISA CAROLINA ROBBINS, MD., THE ROBBINS GROUP, INC., AND NARCONON INTERNATIONAL,

Defendants.

VIDEOTAPED DEPOSlTION OF LISA MOOTY

On Behalf of the Plaintiffs

DATE TAKEN: Januruy 18, 2011 TlME: I :04 P.M

PLACET AKEN: Imperial Plaza 6767 North Wickham Road 4th Floor Melboume, Florida

REPORTEDBY: CYNTHIAAANGELL Florida Professional Reporter Registered Professional Reporter California Certified Shorthand Reporter

I APPEARANCES 2

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For the Plaintiffs:

JEFFREY R. HARRIS, ESQUIRE HARRIS, PENN & LOWRY

1201 Peachtree Street NE Suite900

Atlanta, Georgia 30361 (404) 961-7650

8 For Defendants Narconon of Georgia, Inc., and Narconon International:

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KATHRYN S. WHITLOCK, ESQUIRE DREW, ECKL & FARNHAM

880 West Peachtree Street NW Atlanta, Georgia 30357

(404) 885-1400

For Defendant Delgado Development, Inc. (via telephone):

MELANIE C. EYRE, ESQUIRE BELLI, WElL, GROZBEAN & DAVIS

80 I 0 Rosv.·ell Road Suite 200

Atlanta, Georgia 30350 (770) 993-3300

For Defendants Sovereign Place, LLC, and Sovereign Place Apartment Management, Inc.:

Sl·IANE E. BARTLETT, ESQUIRE WEBB, ZSCHUNKE, NEARY & DIKEMAN

3490 Piedmont Road Suite 1210

Atlanta, Georgia 30305 ( 404) 264-1 080

1 (Pages 1 to 4)

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I For Defendants Lisa Carolina Robbins, M.D., and The Robbins Group, Inc.:

2 SCOTI P. KEREW, ESQUIRE

3 WEINBERG, WHEELER, HUDGINS, GUNN & DIAL 3344 Peachtree Road

4 Suite 2400 Atlanta, Georgia 30326

5 (404) 876-2700 6 7 For the Deponent: 8 JOHN J. BAJGER, ESQUIRE

ASSISTANT A TIORNEY GENERAL 9 1515 North Flagler Drive

Suite 900 0 West Palm Beach, F lorida 33401

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(561) 837-5000

Also Present:

MIKE GERLACH, VIDEOGRAPHER BREVARD LEGAL VIDEO SERVICE

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INDEX

PAGE

3 LTSAMOOTY

4 DIRECT EXAMINATION BY MR. HARRIS

5 CROSS EXAMINATION BY MS. WHITLOCK

6 CROSS EXAMINATION BY MR. KEREW

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65

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CROSS EXAMINATION BY MS. EYRE 77

CROSS EXAMINATION BY MR. BARTLETT 79

REDIRECT EXAMINATION BY MR. HARRIS

RECROSS EXAMINATION BY MS. WHITLOCK

RECROSS EXAMINATION BY MR. KEREW

CERTIFICATE OF OATH 96 4 CERTIFICATE OF REPORTER 97

5 LEITER TO WITNESS 98

99 6 ERRATA SHEET

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.-" I ') / i ... ~~____, ~

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ANGELL REPORTING SERVICE,Jt·J."~< !YAJ.1~ , 1~.(/' \ •· r/


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1 EXHIBITS

2 PLAfNTIFF'S

3 NO. DESCRIPTION MARKED 4 5 6

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9 0 1 2 3 4 5

6 7 8 9 0

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Drug Court File 6

Narconon Fax Cover and Pennit 6

1/4/2008 Narconon Letter 6

6/4/2008 Narconon Letter 6

6/19/2008 Narconon Investigative Report

Order of Modification 6

8 2007 Narconon Letter 83

9 Narconon Letter 87

DEFENDANT'S

6

NO . DESCRIPTION

l 6/ 17/2008 Narrative Listing

MARKED

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2 6/ 16/2008 E-mail

3 5/30/2008 E-Mail

4 4/3/2008 N arrative Listing

5 Information Sheet

6 Criminal History

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55 57

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1 7 Counselor's Notes 59

2 8 April 2008 Monthly Progress Report 61

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3 9 March 2008 Monthly Progress Report

4 10 Cocoa Drug Comt Progress Repmt

5 11 Narconon Letter 71

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PRO CEE DI NGS

(Plaintiffs Exhibits 1 through 6 were

marked for identification .)

THE VIDEOGRAPHER: The time is 1 :04. We

are on record.

THE REPORTER: Ma'am, wou ld you please

raise your r ight hand.

WHEREUPON,

LISA MOOTY,

having been first duly sworn to tell the truth,

the whole truth, and nothing but the truth,

testified as follows:

THE WITNESS: I do.

DIRECT EXAMINATION

BY MR. HARRIS:

Q. Good morning, Miss Mooty. My name is Jeff

Han-is. We've never met before, have we?

A. No,sir.

MR. HARRIS: Okay. This will be the

deposition of Lisa Mooty taken for all purposes

allowed by the Georgia Civil Practi ce Act. All

objections are reserved until fi rst use if

that's acceptable.

MS. WHITLOCK: Yes.

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I BY MR. HARRIS:

2 Q. Miss Mooty, we are taking your deposition here

3 today in Melbourne, Florida; is that correct?

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A. Correct.

Q. Okay. And if I'm in the wrong city -- you

looked at me like I might have been.

A. I don't know where the MelbourneN iera line is

so--

Q. Okay.

0 A. -- we'll call it Melbourne.

1 Q. Well, at any rate it's not Georgia.

2 Do you -- do you reside here in Florida, ma'am?

3 A. I do.

4 Q. Okay. And, ifyou would, tell the jury what

5 you do for a living.

6 A. I'm the Drug Court Manager for the 18th

7 Circuit.

8 Q. And what does a Drug Court Manager do?

9 A. Coordinates between treatment, the judge, the

0 Department of Corrections, court appearances,

1 scheduling, meets with clients on occasion, conducts

2 staffings, trainings, you name it, docl{ets.

3 Q. Okay.

4 A. I do all of that.

5 Q. Are you an employee of the court system?

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A. For state courts, yes.

Q. Okay. And tell us a little bit about your

background. What did you do before you became Drug

Court Manager?

A. I worked for county golf courses.

Q. All right. And how long did you do that?

A. Five yea rs.

Q. And how long have you been a Drug Court Manager

or the Drug Court Manager here in Florida?

A. About eight years.

Q. Now, for the benefit of the jury is a -- is the

drug court different from the regular court?

A. Yes.

Q. How so? Explain that to us.

A. It's a diversion court. The cases are diverted

from criminal court into the specialty court, drug

court, which is a pretrial intervention and allows the

participant an opportunity to complete the program and

han the fe lony dismissed.

Q. Does - does the drug court that you work with,

does it handle both felonies and misdemeanor cases?

A. No, it does not.

Q. So you're limited exclusively to felonies?

A. Correct.

Q. And when you said, "diversion" --or you used

ANGELL REPORTING SERVICE, INC.


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l the term pretrial diversion. What does that mean? What 1 Q. Which is what?

2 is a pretrial diversion program? 2 A. Which is that the court will divert the case

3 A. It's PTT, pretrial intervention. 3 for a minimum of 12 months. They will refrain from

4 Q. Excuseme. 4 violating any federal, state, or local laws. They will

5 A. And what it means is that we intervene on the 5 report to their officer as instructed.

6 client's behalf prior to it going to criminal court and 6 There's several conditions to the contract.

7 divert their case from the criminal com·t docket to the 7 Would you like me to read them all?

8 specialty court docket, drug court. 8 Q. No. I just want you to give us an overview.

9 Q. Are there certain criteria that you have to 9 One of the conditions for the contract or of

0 meet in order to be eligible to enter the intervention 0 the contract for intervention progran1S, is one of the

1 program? 1 conditions a requirement that the person attend some

2 A. That is correct. They have to meet the 2 sort of drug and alcohol rehabilitation program?

3 statutory guidelines being a first-time, nonviolent, 3 A. Yes, it is.

4 third-degree felony d.-ug offender. 4 Q. And -- did Mr. Desmond -- was he required by

5 Q. And what's a third-degree felony? 5 the court to attend such a program?

6 A. Possession of drugs. 6 A. Yes, he was.

7 Q. Okay. Now, I want to talk to you a little bit 7 Q. Tell us about tl1at. What sm1 of program was

8 about Patrick Desmond and his involvement in the 8 be required to attend?

9 intervention program. 9 A. He was put into outpatient intervention, Phase

0 Do you recall Mr. Desmond? 0 I through ill which is what we consider intensive

I A. Yes. 1 outpatient, with the service provider.

2 Q. All right. Tell us how you first came in 2 Q. Okay. And then at some point did he-- did

3 contact with Mr. Desmond. What was the circmnstance for 3 he -- did he get arrested again for DUI?

4 you first meeting him? 4 A. Yes.

5 A. He had submitted an application to drug court 5 Q. And then after that he--

Page 10 Page 12

1 for possession of cocaine and paraphernalia. 1 L asstune that means that he violated the tenns

2 Q. And -- ans what did you do with that 2 initially of his intervention contract; is that right?

3 application? 3 A. Technically we don't use the word "violation,"

4 A. Oh, it went-- what I did with it, once he was 4 but he was in noncompliance of his contract because it

5 deemed qualified and the State Attorney approved, a 5 is a voluntary program on the part of the defendant. So

6 letter was sent to him to contact my office to schedule 6 we reviewed with him the options and offered a higher

7 an intake. 7 level of care.

8 Q. I'm going to hand you what's already been 8 Q. And -- and -- and let's back up a little bit.

9 marked as Exhibit I to your deposition, and it's a 9 When he's first -- when he first enters the

0 composite exhibit that L'U represent to you is a 0 intervention program, he is required by the drug court

1 c.ertified copy of the drug court's file. You may need 1 to attend -- as part of his contract to attend

2 to refer to that from time to time as we talk this 2 outpatient drug and alcohol rehabilitation?

3 morning. 3 A. Correct.

4 Who decides ultimately whether or not someone 4 Q. Was that outpatient drug and alcohol

5 is eligible for the diversion or intervention program? 5 rehabilitation, was that administered in Florida?

6 A. The State Attorney. 6 A. Yes, it was.

7 Q. And does the court have to sign off on that? 7 Q. And what's the name of that program? Do you

8 A. The-- the-- no. The State Attorney approves 8 recall?

9 entrance into the program. A contract is then drawn up, 9 A. The service provider at that time was Western

0 and the client is brought before the drug court judge to 0 Judicial Services.

1 sign that contract. 1 Q. Okay. And so he attend -- do you recall how

2 Q. Now, do you recall specifically what conditions 2 long he was in the intervention program before he got

3 the court imposed on Mr. Desmond as part of his 3 his second-- or got his second DUI?

4 intervention program? 4 A. I believe ten months.

5 A. The standard PTI contract. 5 Q. All right. And as a result of the second DUI



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1 you sit down with him and then you decide that there may I was just trying to understand what was being

2 be ad<litional conditions that you need to impose upon 2 said. I can't really hear quite well.

3 him? 3 MR. HARRIS: We'll move the phone. See if

4 A. The drug court team does. 4 that helps you.

5 Q. Okay. Who else is on the team? 5 MS. EYRE: Great. Thank you.

6 A. Officers from the Department of Corrections, 6 BY MR. HARRIS:

7 counselors from the service provider. 7 Q. So -- so in order to -- well, his options are

8 Q. All right. Now, let's -- let's zero in on 8 attend the state mandated program or residential program

9 that. 9 called the Bridge, right?

0 What were the additional conditions that were 0 A. Bridges of America.

I imposed upon him by the drug court team after he got 1 Q. But then if he -- if be finds some other

2 that DUl? 2 comparable program, is he allowed to go to that program

3 A. A higher level of care which was residential. 3 instead of the Bridge? Is that how that works?

4 Q. All right. Now, I'm going to hand you what's 4 A. On occasions we've had families ask that they

5 been marked as Plaintiffs Exhibit 6. It's Bates Nos. 5 be able to choose a program of their own for the clients

6 Desmond 0005. 6 to attend.

7 Do you recognize that document? 7 Q. And is that what happened with Mr. Desmond?

8 A. Yes, I do. 8 A. It is.

9 Q. And what is it? 9 Q. Did you have a discussion with his parents

0 A. It is a modification to his pretrial 0 about allowing him to attend some other facility?

1 intervention contract. l A. I did.

2 Q. And in what manner had the court modified his 2 Q. Did you --

3 original contract? 3 I'm going to ask that question again. The

4 A. To allow him to complete Narconon of Georgia. 4 phone was ringing in the middle of it.

5 Q. And was he required as -- pursuant to that 5 Did you have a conversation with Mr. Desmond's

Page 14 Page 16

I court order was h e required to attend a residential I parents about allowing him to attend some other facility

2 facility as opposed to an outpatient facility? 2 other than the Bridge?

3 A. That is correct. 3 A. I did.

4 Q. All right. And what does that mean? Does that 4 Q. And-- and what was that conversation? Do you

5 term have some meaning to the drug court team, 5 recall it?

6 "residential facility"? 6 A. They asked if the drug court team would

7 A. Yes. It means that they live on the facility. 7 consider allowing him to go to a program of their

8 They don't come and go as they please. They're 8 choosing since they had the financial means to do that.

9 monitored. 9 Q. And what was the drug court team's response to

0 Q. Now-- and the court ultimately approves the 0 that request?

I Narconon program in Georgia as a residential facility? 1 A. We asked them to do an investigation of the

2 A. We did in this case. Yes. 2 programs, to find the programs that they wanted us to

3 Q. Did Mr. Desmond-- if he had elected not to go 3 review and then to provide us with information so that

4 to some private facility, was there some state facil ity 4 we could contact the programs.

5 that would have been available to him? 5 Q. Did you give them a list of criteria that they

6 A. Yes. We would have sent him to Bridges of 6 were required to meet in order for that-- for this

7 America which is funded through the Department of 7 other program to be acceptable to the State?

8 Corrections. 8 A. I believe what I told them was that it must be

9 Q. And is -- and is Bridges of America a 9 a residential facility willing to accept him for six

0 residential rehabilitation program? 0 months.

1 A. It is. l Q. And did you-- did you give them any other

2 MS. EYRE: Required to go to a residential 2 details about what would constitute a residential

3 program. 3 facility?

4 TflE REPORTER: rm sorry, Ms. Eyre. 4 A. No, not to my recollection but I'm sure that I

5 MS. EYRE: No. I'm sorry. I'm sony. I 5 said it was an inpatient.



5 (Pages 17 to 20)

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1 Q. All right. Fair enough.

2 At some point did they come back to you and

3 say, hey, we found Narconon of Georgia?

4 A. They came back to me and said they found two

5 programs they wanted us to review.

6 Q. What were the -- what were the t\vo programs?

7 A. Narconon of Georgia was one and then I believe

8 the other was in West Palm Beach.

9 Q. Did you do any investigation yourself to

0 determine v.1:1etber or not those programs met the drug

1 comt's requirements?

2 A. Well, to the best of my knowledge the one in

3 \Vest Palm Beach I was familiar with and knew that it met

4 those requirements. However, the Desmonds asked me to

5 also check out Narconon of Georgia so I began there.

6 Q. All right. And you said check them out.

7 What -- what -- v.Tiat was your procedure for checking

8 d1em out in order to determine v.Tiether or not they met

9 the court's requirements?

0 A. Well, I called the program and I believe I

1 spoke to two different people. I think there was a

2 Tracy that I spoke to one time and then there was a Mary

3 that I believe I bad the more intense conversation with

4 regarding whether or not it was a residential program,

5 if there, you lrnow, were apartments on. We talked about

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1 the living on the facility, what was available. We

2 talked about his dietary needs. We talked about

3 detoxification programs, physical activities that they

4 require, all the things that she told me that they would

5 require of him as being a participant in their program.

6 Q. Well, did she represent to you that Narconon of

7 Georgia was a residential rehabilitation facility?

8 A. She did indeed.

9 Q. And did that ultimately turn out to be the

0 case? Did you do any investigation later on to

1 determine whether or not it was a residential facility?

2 A. I did not.

3 Q. All right. Did you-- did you have any--

4 excuse me.

5 Let me hand you what's been marked as

6 Plaintiff's Exhibit 2. It's Bates 32. Do you recognize

7 that document, ma'am?

8 A. I do.

9 Q. What is that?

0 A. This is a cover lette1· from Mary and a copy of

1 theh- license.

2 Q. Now, give us a little background. Do you

3 recall why Miss --

4 When you said, "Mary, " you're referring to Mary

5 Rieser?

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1 A. That's correct.

2 Q. Do you know why Ms. Rieser would have sent you

3 that-- a copy of that license?

4 A. Because I asked if they had a substance abuse

5 license.

6 Q. And-- and she sent you that document that's

7 attached, Exhibit 2?


9 Q. 1l1ere's -- it looks -- up at the top of that

0 header there it looks like it's a three-page fax, or it

1 says it's a three-page fax -- I'm sorry -- on the cover

2 page. Do you see that?

3 A. Yes.

4 Q. And there's only -- I've only got one page

5 attached to that. Do you know -- do you recall what

6 iliat third page was?

7 A. I do not.

8 Q. Now--

9 MS. WHI1LOCK: Can I see the exhibit,

0 please?

1 MR. HARRIS: You've got it in your set

2 that I gave you.

3 MR. KEREW: This is the third page.

4 MR. HARRIS: Okay.

5 MR. KEREW: Ths is the second page.

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BY MR. HARRIS:

Q. Now, other than this conversation that-- you

had this conversation with Miss Rieser about whether or

not it was a residential facility. Did you-- do you

recall whether or not she said that there was a h ousing

component to the Narconon program?

A. Yes. There were apartments that the

participants would live in.

Q. Did she tell-- indicate whether Narconon had

any -- had any sup ervisory role over the participants?

A. Yes. We were asked -I asked if there was

24-hour-a-day coverage there.

Q. What did she tell you?

A. She said there was_

Q. Now, if there had not been 24-hour-a-day

coverage and this had been a outpatient an1bulator

ambulatory facility, 'ivould you have approved it?

A. Absolutely not.

Q. Now, up at the header there this fa;,: says drug

rehabilitation. Do you see that?

A. "Drug Education/Rehabilitation."

Q. Now, I want to hand you what's been marked as

Plaintiffs Exhibit 3 which is Bates --

MR. HARRIS: Or it's actually one you-all



6 (Pages 21 to 24)

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I produced. It's D-GA 980 and 981. 2 BYMR.HARRIS:

3 Q. This is a Jetter from Narconon of Georgia to

4 Mark O'Donnell. Who is Mr. O'Donnell?

5 A. Officer O'Donnel works for the Department of

6 Corrections.

7 Q. Have you ever seen that document, Exhibit 3?

8 A. I believe I saw this document when it was not

9 filled in with Mr. Desmond's name or dates. I believe

0 they were just blank spots.

1 Q. Okay. The header of that-- of that document

2 also says that it's a drug education/rehabilitation

3 facility, correct?

4 A. Correct.

5 Q. It doesn't say outpatient?

6 A. No, sir.

7 Q. All right. Now, was Mr. O'Donnell involved in

8 any way in determining whether or not Narconon of

9 Georgia met the residential requirements?

0 A. He was part of the team as we discussed it.

1 Yes.

2 Q. And what were his ---was his assignment? What

3 was he supposed to do to investigate \vhether or not they

4 met the court's requirements?

5 A. He was not supposed to do anything. Officer

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1 O'Donnell's role is to monitor the drug court contract

2 and make sure that the participant is abiding by the

3 contract and the rules set forth from the court.

4 Q. All1ight. Now, Mr. Desmond is sent to

5 Narconon and at some point were you informed that he had

6 completed the program?

7 A. Yes. He returned -- I believe it was March of

8 '08 he returned to us after having completed six months

9 there.

0 Q. And, you said, "Six months." What was he

1 supposed to be doing for six months?

2 A. He was supposed to be going through intensive

3 residential treatment.

4 Q. And would it have been acceptable if he'd gone

5 through a four-month treatment program and then became

6 an employee ofNarconon thereafter?

7 A. No, it would not have been.

8 Q. Did you tell Miss Rieser all of the

9 requirements that the drug court expected in order for

0 Patrick to have a facility that met those guidelines?

1 A. I told Miss Rieser what we reasonably had to

2 expect from a residential program, that there would be

3 24-hour-a-day supervision. He would receive intensive

4 substance abuse treatment. He would have a place to

5 Jive in their facility , and then whatever rules of their

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I program they required would become part of his contract.

2 Q. Now, at some point Mr. Desmond -

3 MS. EYRE: Can I interject just for a

4 second?

5 I just want an ongoing objection to

6 hearsay.

7 MR. HARRIS: No, I~n not going to give you

8 an ongoing objection to hearsay. Object to

9 whatever you think is hearsay if you want to

0 call it a form objection.

1 MS. EYRE: All right. Well, then l'll

2 move to strike the last response.

3 MS. WHITLOCK: Did you not reserve all

4 objections?

5 MR. HARRIS: Yeah, I reserved all

6 objections.

7 I don't -- I'm not sure what you're asking

8 me to do. I mean did we not have an agreement

9 we're going to reserve all objections except as

0 to fonn?

l MS. WHITLOCK: I didn't think you --

2 MS. EYRE: Yeah

3 MS. WHITLOCK: --reserved anything. I

4 thought you - I mean except -

5 MR. HARRIS: Well, I'm taking it pursuant

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to the Civil Practice Act.

MR. KEREW: I thought we agreed to reserve

objections but I could be wrong.

MS. EYRE: Okay.

MS. WHlTLOCK: Yeah, because I need to

make form objections. I'll make them now, but

I thought you said that all objections were

rese1ved.

MS. EYRE: No. You do need to make form

objections.

MR. HARRIS: No. You do need to make fonn

objections.

What I said is I was taking it pursuant to

the Civil Practice Act which specifically calls

out what you're supposed to object to and what

you're not.

MS. WHITLOCK: All right. Well, ifthat's

what you want to do, Jeff, that's fme; but

your stipulation that I agreed to said you were

reserving -- that we were reserving all

objections. So ifl need to make objections,

I'm happy to; but you need to let us know what

the stipulation is.

MR. HARRIS: The stipulation, I thought,

was reserving all objections except those to



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1 the fonn of the question. 1 Q. Now, were the same conditions --

2 MS. WHITLOCK: Okay. Well, the record 2 Go ahead. l'm sorry, ma'am.

3 will speak for itself, but that is not what I 3 A. We also offered him the Bridge. He could

4 understood. I will from h ere on out make 4 return to Narconon or he could go to the Bridge.

5 objections as to fonn. 5 Q. And what did he decide to do?

6 MR. HARRIS: Okay. All right. 6 A. He discussed it with his family and they wanted

7 Anyway, I don't even remember where we 7 to return to Narconon.

8 were. Can you read the question back before 8 Q. Now, when he returned the second time, were the

9 all of that. 9 requirements the same in tenns of it being a residential

0 (Record read.) 0 facility?

I BY MR. HARRIS: 1 A. Yes, they were.

2 Q. Okay. Now, at some point did Mr. Desmond after 2 Q. Any additional requirements when he goes back

3 he got out ofNarc.onon t11e first time, after be did that 3 the second time?

4 six-month period of time at Narconon, did he violate the 4 A. No. The same requirements, you know, we

5 tenns of his probation again? 5 considered and we leave the amount of time that he

6 A. Yes, he did. 6 returns to the program up to the program director. So,

7 Q. All right. I said, "Probation." I should have 7 in other words, when we send someone back after having

8 said did he-- did he violate the terms of his 8 completed six months and they return back to that same

9 intervention contract again? 9 facility, it is that facility's discretion to determine

0 A. Yes, he did. 0 how long that they remain there.

1 Q. What happened? How did he violate that? 1 Q. All right. Did you have any additional

2 A. He came in for a random drug test, and the lab 2 conversations with anyone rrom Narconon when Mr. Desmond

3 technician believed she smelled alcohol on him and 3 went back the second time?

4 requested that he do a breathalyzer at which time he 4 A. :'llo.

5 fled the building. 5 Q. Now, let me show you what I marked as

Page 26 Page 28

l Q. All right And what did you-all do when he did I Plaintiffs Exlllbit 4. Do you recognize that docwnent?

2 that? 2 l~n sorry. Let me - let me read the Bates

3 A. We immediately contacted him and told him that 3 number if you don't mind

4 he was in a noncompliant status with his contract. 4 MR HARRIS: It's 002. It's in you-all's

5 Q. Now, was that approximately around the 5 production.

6 June 2008 time frame? 6 THE WITNESS: This was just a letter 1

7 A. No. It was in May. 7 received saying that he had returned there and

8 Q. All right. Now, you contact him. What 8 had been there since such and such a date.

9 happened? What happened after that when you contacted 9 BY MR. HARRJS:

0 him and said he's not-- not in compliance? 0 Q. And, again, the header on that one says drug

1 A. He admitted to drinking. 1 education and rehabilitation, right?

2 Q. What did he tell you? 2 A. Correct.

3 A. He said that be wasn't paying attention to his 3 Q. Now, did you - after Mr. Desmond returns, did

4 program and he went back to his old ways. 4 you learn that anything happened to him during his stay

5 Q. And what did you-all decide to do? 5 at the facility?

6 A. What we do in all cases. We offer them what we 6 A. After he returned here?

7 call a blue chip back to the residential program they 7 Q. Yes. After he returns.

8 had previously kept. 8 A. Did I learn that something had - did I learn

9 Q. Well, why didn't you just- why didn't you 9 that something had happened to him after he bad returned

0 just revoke him and send him to jail? 0 to Narconon? Is that the question?

I A. Because we're a substance abuse treatment I Q. Yep.

2 program. We're not a criminal court program. 2 A. Yes.

3 Q. All right. So you-- at that po int did you 3 Q. What did you find out?

4 allow him to go back to Narconon? 4 A. I found out that he had died.

5 A. Wedid. 5 Q. And how did you find that out?



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8 (Pages 29 to 32)

Page 29

A. From another probation officer.

Q. Had Narconon infonned you that Mr. Desmond had

died at any time before that?

A. They had not.

Q. Who was the probation officer that you found

that out from?

A. I believe her name was Madeline Russo, Officer

Madeline Russo with the meaner-- misdemeanor p•·obation.

Q. What- what-- did you do any investigation or

looking into the program after you leamed that

Mr. Desmond had died at the Narconon -

A. Yes.

Q. - during the Narconon program?

A. Yes. I called )larconon.

Q. Who did you talk to?

A. I believe it was .Mary Rieser.

Q. And do you recall a conversation that you had?

A. I was very disturbed that they had not notified

any of us-- Officer O'Donnell or myself or the court--

in any way that he had passed while in their care, and I

requested a copy of the incident report. I believe I

also requested a copy of the medical examiner's rcpo1-t

and a death certificate.

MS. WHITLOCK: Object to the fonn of

the - or excuse me --the responsiveness of

Page 30

the answer.

BY MR. HARRJS:

Q. And - and why -- why did you do that? Why did

you ask for that infonnation?

A. So I could provide it to the court and his case

could be closed and dismissed.

Q. All right Did you do any investigation after

that, after you provided that infonnation to the court?

A. (conned --I called the family.

Q. And -- and do you recall your conversations

with the family?

A. Offering my condolences.

Q. Okay. Now, I'm going to hand you Plaintiffs

Exhibit 5. Have you ever seen this document before?

A. Yes, I have.

Q. All right. Now, when did you see that

document?

A. After I made the phone call -

Q. Now --

A. - to Narconon.

Q. --is that a letter from Narconon to the DHR

about Patrick's death?

A. It appears to be that. Yes.

Q. Now, if you look at tl1e top of the letter, if

you look at the letterhead, the letterhead says

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Page 31

outpatient drug and re -- drug and rehabilitation

facility, does it not?

A. ltdoes.

Q. And that's not the same letterhead that

Narconon used when it sent you correspondence, is it?

A. No,sir.

Q. Tn fact, if they sent you a letter on that

letterhead, would that -- would that -- I mean would you

have approved the program if it said outpatient

facil ity?

MS. WHITLOCK: Object to the fonn of the

question. It calls for speculation and

conjecture.

BY MR. HARRIS:

Q. Go ahead.

A. No. Well, it would have raised flags enough

that we would have done some more investigation into it.

Q. I just got a couple more questions.

Do you --do you feel like you were mislead by

the representatives ofNarconon?

MS. WHITLOCK: Object to the form. It's

argumentative.

THE WITNESS: Yes, sir.

.MR HARRIS: Thank you.

You-all's witness.

Page 32

CROSS EXA.MINA TION

BY MS. WHITLOCK: Q. Miss Mooty, you talked about a contract that

was entered when Mr. Desmond entered the drug court.

That was not with Narconon, was it?

A. No, ma'am.

Q. It was between Patrick and the court, correct?

A. Yes, ma'am.

Q. And did you ever provide a copy of that

contract to Narconon?

A. No, ma'am.

Q. And as far as you know, the Florida court had

no power or authority over Narconon to enforce the terms

of that contract., did it?

A. No, ma'am.

Q. It was up to Patrick to follow the terms of

that contract?

A. Yes, ma'am.

Q. And you said that Patrick and his parents were

the ones that carne to you with the Narconon progran1?

A. Yes, ma'am.

Q. Nobody required them to go to that program?

A. No, ma'am.

Q. All right. Is there some Florida statute or

rule that defmes residential?



9 (Pages 33 to 36)

Page 33 Page 35

1 A. Not to my knowledge. 1 Q. Has the judge ever told you that a patient

2 Q. Did you ever send anything to Mary Rieser or 2 cannot go to Narconon of Georgia?

3 Narconon explaining to her what you understood 3 A. No, ma'am.

4 residential to be? 4 Q. Have you ever had another --

5 A. No, ma'am. 5 What-- what do you call this? Inmate?

6 Q. And you never visited Narconon in Georgia? 6 Patient? Student? What do you call them?

7 A. No, ma'am. 7 A. Participant.

8 Q. You don't have any idea what the facilities 8 Q. Participant.

9 were like? 9 Have you ever had another participant go to

0 A. No, ma'am. Other-- 0 Narconon?

1 Q. When-- 1 A. No, ma'am.

2 A. Other than what I saw on their website. 2 Q. What other facilities besides the Bridge have

3 Q. But you -- you never saw where the students 3 you had people go to, participants go to?

4 lived? 4 A. I can't give you specific names. We had one

5 A. No, ma'am. 5 client went to a residential program in Texas. One went

6 Q. You don't know what kind of security there was? 6 to one in California. One has gone to one in West Palm

7 A. Only what I was told. 7 Beach.

8 Q. Were you told that there was lockdown security? 8 Q. Have any of those places been lockdown

9 A. No, ma'am. 9 facilities?

0 Q. All right. Were you told that there were armed 0 A. No, ma'am.

I guards? I Q. And was it your understanding that in any of

2 A. No, ma'am. 2 those places tbe students were not able to walk out if

3 Q. Were you told that there were bars on the 3 they chose?

4 windows? 4 A. No, ma'am.

5 A. No, ma'am. 5 Q. It was your understanding at Narconon that

Page 34 Page 36

I Q. Were you told that the students were I Patrick was able to walk out if he chose?

2 involuntarily restrained? 2 A. Con·ect.

3 A. No, ma'am. 3 Q. The whole drug program was voluntary on

4 Q. You said that Patrick tinished the Narconon 4 Patrick's part?

5 progran1, came back to Florida. Now, when he was in 5 A. Correct.

6 Florida, didn't he have a hearing in front of the judge? 6 Q. If you' ll look back--

7 A. He had a post-residential hearing. 7 MS. WHITLOCK: Where are your exhibits?

8 Q. And-- with the judge? 8 BY MS. WIDTI..OCK:

9 A. Yes, ma'am. 9 Q. -- at Exhibit 2, what you said was the second

0 Q. And he explained to the judge at that time what 0 page of that where it's the ceitificate, you would agree

I the program was like, the Narconon program? 1 with me that it says that Narconon is a new life

2 A. The participant explains what they got from the 2 ambulatory detoxification program?

3 program. 3 A. Yes, ma'am.

4 Q. All right. And the judge has the opportunity 4 Q. Does it say anywhere on that license that it's

5 to ask whatever questions the judge thinks is 5 a residential program?

6 appropriate? 6 A. No, ma'am.

7 A. Yes, ma'am. 7 Q. All right. Are you fan1ilia.r with Georgia rules

8 Q. And after going through that progran1 the judge 8 and regulations about drug rehabilitation programs?

9 did not tell you that Narconon was not an appropriate 9 A. No, ma'am.

0 place for Patrick to return to? 0 Q. Have you ever done any research about that?

I MR. HARRIS: Object to form. I A. No, ma'am.

2 Tiffi WllNESS: No, ma'am. h Q. Now, you said that you had done this for eight

3 BY MS. WHITLOCK: 3 years and that before that you worked for a golf course;

4 Q. I'm correct? The judge did not tell you that? 4 is that cOJTect?

5 A. No, ma'am. 5 A. County golf courses. Yes, ma'am.



10 (Pages 37 to 40)

Page 37 Page 39

I Q. What-- what was your educational background I Q. What was your response to the inquiry?

2 before that? 2 A. I was astound, you know. 1 was stunned. I

3 A. High school diploma, some college. 3 said, "The gentleman that you're calling on passed away

4 Q. Do you have any --well, what was your training 4 while in your care." And they immediately bung up.

5 in college in? 5 Q. Did you have any identification? Did you have

6 A. Mostly business, office. 6 a phone number, or how do you know who that person was?

7 Q. Do you have any drug rehabilitation training? 7 A. They called my cell phone after hours between

8 A. No, ma'am, other than the training I've taken 8 seven and eight clock at night, identified themselves as

9 since being involved in drug court. Yes. 9 a volunteer or a staff member of Narcooon wanting to

0 Q. All right. Tell me about that please, ma'am. 0 find out whether or not we were satisfied with the

l A. I've gone to coordinator trainings. I've gone I services provided for Mr. Desmond.

2 to substance abuse and mental health trainings. I've 2 Q. Okay. Any other identified?

3 gone to training conferences required and funded through 3 A. No, ma'am.

4 OSCA, the Office of State Court Administrator, and for 4 Q. All right. You didn't recognize the voice?

5 our federal grants. 5 A. No, ma'am. It was a male.

6 Q. And what do you learn in these programs? 6 Q. Did he give you a name?

7 A. Lots of things. There's - it depends on which 7 A. Might have.

8 courses you take and what you attend. I go to 8 Q. You don't remember it today?

9 coordinator meetings because we brainstorm. All the 9 A. No.

0 coordinators in the state of Florida are in there. We 0 Q. Any other contact that you had with anybody

I talk about funding sources. We talk mostly in that 1 from Narconon of Georgia?

2 about our administrative duties and how to find funding 2 A. I believe I spoke with Miss Uieser's daughter

3 sources to keep ou•· program afloat. 3 at one point after the passing.

4 Q. What is the goal of your program? 4 Q. What-- tell me the circumstances of that

5 A. The goal of our program is to provide substance 5 conversation.

Page 38 Page 40

l abuse treatment to first-time felony drug offenders so I A. Regarding to getting the letters and stuff that

2 that they can have a successful drug-free Hfe and have 2 bad -I had previously asked for.

3 a felony dismissed from their record. 3 Q. l'm sorry.

4 Q. The point is to get the participant off drugs? 4 A. The incident report and the death certificate.

5 A. Correct. 5 Q. rm sorry. I was talking over you and that was

6 Q. Who has to get them off drugs? You or the 6 my fault so I did not hear what you said.

7 participant? 7 You were trying to get the letters that you had

8 A. The participant. We provide the tools. 8 already asked for?

9 Q. But at the -- in the end it is the 9 A. Yes, ma'am.

0 participant's choice? 0 Q. And how did you come to speak to Miss Rieser's

1 A. Yes, ma'am. I daughter?

2 Q. Other than Mary Rieser and Tracy Settler do you 2 A. I called.

3 remember-- 3 Q. And bow did you know it was her daughter?

4 Excuse me. You said, "Tracy." 4 A. She identified herself.

5 Other than those two people did you ever speak 5 Q. So she answered the phone? You didn't

6 to anybody at Narconon of Georgia? 6 specifically ask for her?

7 A. A volunteer called me after Patrick's death and 7 A. Correct.

8 wanted to do a survey on whether I was satisfied with 8 Q. Tell me. When was that conversation?

9 their services. 9 A. A little while after the first one after the

0 Q. Who was that? 0 knowledge of his passing.

l A. I have no idea. l lf I'm not-- I believe to the best of my

2 Q. Was that somebody from Narconon of Georgia? 2 knowledge she's actually the one that sent me the letter

3 A. They represented themselves as such. Yes. 3 on behalf of her mother, the incident report.

4 Q. When was that phone call? 4 Q. Did she send a cover letter with it?

5 A. Oh, it was several months after his passing. 5 A. No, ma'am. No. Everything would have been



11 (Pages 41 to 44)

Page 41 Page 43

1 right there. 1 A. No, ma'am.

2 And I believe- like I said, I believe it was 2 Q. All right. Do you have a document that talks

3 her because as you can see there's no personal signature 3 about detoxification?

4 here. 4 A. No, ma'am.

5 Q. When you say "here," you're talking about 5 Q. Do you have a document that talks about dietary

6 Plaintiffs Exhibit 5? 6 needs?

7 A. Yes, ma'am. 7 A. No, ma'am.

8 Q. And this was the incident report directed to 8 Q. How do you determine then whether these

9 the Georgia Department of Human Resources? 9 facilities are meeting yow· expectations?

0 A. Yes, ma'am. 0 A. I usually place a phone call to the director of

1 Q. Do you remember Miss Rieser's daughter's nan1e? 1 the program and 1 speak with them about what their

2 A. No, ma'am. 2 program requires.

3 Q. But you think that she sent you those documents 3 The one in West Palm has dealt with drug courts

4 or at least that document? 4 in that area before so that referral actually came from

5 A. (Nods bead.) 5 the drug court coordinator in that area for that

6 Q. Any other conversations or communications that 6 particular client.

7 you had with Narconon of Georgia? 7 There- there is no specific criteria. Each

8 A. No, ma'am. 8 program is going to be different. The main thing that

9 Q. What about Narconon International? Have you 9 the drug court team looks for is that the resident is

0 ever talked to anybody that you understood was 0 housed in the facility. Okay? There's 24 hours

1 associated that was Narconon International? 1 supervision and that they're receiving substance abuse

2 A. I don't believe so. No, ma'am. 2 treatment and education at a higher level than they

3 Q. Any of the facilities that you have approved 3 would be receiving in an outpatient setting.

4 for your participants, you said that for Patrick it 4 Q. How is it a higher level than what they would

5 needed to be residential, six months. Are those typical 5 receive at outpatient?

Page42 Page44

1 requirements - 1 A. More hours.

2 A. Yes. 2 Q. Did you- do you have a specific number of

3 Q. -- of programs? 3 hours that you require?

4 A. Yes, ma'am. 4 A. No, ma'am. I'm sure that that is done by the

5 Q. How do you determine whether they are 5 licensing component of Department of C hildren and

6 residential and six months? 6 Families when licensing someone to be a resident ial

7 A. WeU, they're not all six months. They usually 7 level two, level three, or outpatient.

8 meet the six-month criteria when you're ta lking about a 8 Q. Okay. But you did not require a copy of the

9 private program. Okay? 9 department of family and children services requirements?

0 The six-month criteria is something that the 0 · A. I do not believe that Georgia has Department of

l drug court team put in place prior to me ever being part 1 Children and Family services licensing them.

2 of the drug court team because Bridges of America is a 2 I asked Miss Rieser to send me a copy of her

3 six-month program and it is funded through the 3 substance abuse education and prevention license which

4 Department of Corrections which is typically the program 4 she did provide; and then when spealdng with her, like I

5 we use because most people can't afford private 5 previously stated, we spoke about housing. You don't

6 facilities. 6 provide housing in outpatient settings typically, not in

7 So when determining to allow someone else to 7 Florida, not that l'm aware of. You don't provide a

8 participate in a prh•ate facility, we establish the same 8 dietician and meals for people who are in outpatient

9 requirement that the Bridge had which would be six 9 treatment. They go home. You don't provide normal

0 months residential. We talk about housing. We talk 0 detoxification programs such as saunas and physical kind

1 about detoxification programs. We talked about dietary I or workouts in an outpatient treatment that I'm aware of

2 needs. Those are all things associated with 2 in Florida.

3 residential, not outpatient. 3 Q. Did the judge sign off on Patrick going to

4 Q. Where -- do you have some document that talks 4 Narconon of Georgia?

5 about housing? 5 A. I believe you showed me an exhibit,



12 (Pages 45 to 48)

Page 45

I modification to the contract.

2 Q. I'll show you Exhibit 6. Is that what you're

3 talking about?

4 A. Yes, ma'am.

5 Q. All right. And that's the order that allows

6 Patrick to attend Narconon of Georgia?

7 A. That is correct.

8 Q. All right. And that is signed by what judge?

9 A. That is Judge Harris.

0 Q. In your work you anticipate that your

1 participants may relapse. Would that be accurate?

2 A. Yes, ma'am.

3 Q. All right. You anticipate that they are-- may

4 use drugs or alcohol again even though they're in your

5 program?

6 A. Yes, ma'am.

7 Q. What do you do to prevent that?

8 A. We do frequent drug testing to try to keep them

9 on -- keep them on their toes. They are randomly drug

0 tested at least once a week, sometimes more. We provide

I them with drug education, relapse prevention, substance

2 abuse classes. 'Ve refer them to self-help programs,

3 12-step programs.

4 Q. Do you know if Narconon or wherever Patrick was

5 living did drug testing?

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A. I was told they did. Yes, ma'am.

Q. Did you require copies of those tests?

A. No, ma'am.

Q. Do you have any reason to believe that they

were not done?

A. No, ma'am.

Q. And do you know if he was provided with

education at Narconon, drug education?

A. They said he was.

Q. Do you have any reason to believe that he

wasn't?

A. No, ma'am.

Q. Do you have any reason to believe that he was

not monitored when he was at Narconon?

A. No, ma'am.

Q. Do you have any reason to believe that he was

not referred to self-help programs?

A. No, ma'am.

Q. How many participants do you have in your

program every year?

A. Anywhere from 89 to 112.

Q. And how many of those graduate as opposed to go

back to the criminal courts?

A. The total program success rate since its

beginning is 57 percent.

Page 47

I Q. How do you calculate that figure?

2 A. Based on the number of clients entered divided

3 by the number of clients revoked.

4 Q. That's during the initial period. Do you-all

5 do any--

6 I'm sorry. Let me ask that again.

7 Is that during the initial period? That is not

8 follow-up success rate; is that correct?

9 A. Are you asking about recidivism rates?

0 Q. That --is that what you-all --that's what I'm

l trying to figure out, is how are you defining your 57

2 percent.

3 A. Okay. The 57 percent are the ones that

4 successfully complete the contract and the court orders

5 a dismissal of the felony.

6 Q. Okay. And then what is your recidivism rate?

7 A. The recidivism rates are broken down into

8 different categories: Zero to twelve months, one to two

9 years, and two years and above. Okay? They're also

0 broken down into different categories depending on who

1 you ask for the recidivism rate. Office of the State

2 Court Administrator defines recidivism as anybody

3 convicted of a new drug or alcohol charge, including

4 criminal traffic DUI. If you're calculating it that

5 way, we're under 20 percent.

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Q. Under 20 percent--

A. -- re-offend. Less than 20 percent will

rc-offend after completing drug court.

Q. So more than 80 percent do not?

A. Correct, under those.

Q. All right.

Who created those criteria?

A. OSCA.

Q. What is OSCA?

A. Office of the State Court Administrator.

Q. And that's a Florida --

A. Florida state courts.

Q. Are you aware of any national standards?

A. National standards are out there. Yes, ma'am.

I'm aware that they're there. I --1 don't follow

national standards. We work with OSCA within our state,

and they handle the National Association of Drug Court

Professionals.

It's very hard to-- you cannot compare

yourself nationally. Drug courts are very different

even within the same circuit. Brevard County drug court

is completely different than Seminole County, and we're

both under the 18th Circuit. The program is designed

around the needs of the community.

Q. What organization creates national standards?



13 (Pages 49 to 52)

Page49 Page 51

l A. I would imagine that would be the different 1 called to speak with staff at Narconon.

2 courts of the-- I mean we have the National Association 2 Q . Okay. Where did those notes go after you

3 of Drug Court Professionals. I would imagine that they 3 prepared them?

4 take all of the- the criteria or the-- the numbers 4 A. ~1owhere. To my file.

5 from each state and establish those. 5 Q. To your ftle?

6 There's also the Office of Drug Control, which 6 A. Yes, ma'am.

7 is no more in Florida. 7 Q. You talked about a tile at the beginning of

8 Q. If you would look at Plaintiffs Exl1ibit 3 with 8 this deposition. What kind of file do you keep?

9 me, this is a letter to Mr. O'Donnell dated January the 9 A. It appears that you have it. That would have

0 4th of 2008. Would you agree with that? 0 been from it right there. I keep a very generic file.

1 A. Yes, ma'am. 1 I'm the administrator. I' m not the counselor, nor am 1

2 Q. Ts there anywhere -- 2 the supervising component.

3 And you certainly may take your time to review 3 Q. But do you have an individual file on each of

4 this. 4 your participants?

5 Ts there anywhere on here that says that 5 A. Yes, ma'am.

6 Narconon is a residential facility? 6 (Defendant's Exhibit 2 was marked for

7 A. No, ma'am. 7 identification.)

8 Q. It says -- the first line says, "Narconon is a 8 BY MS. WHITLOCK:

9 licensed long-term drug treatment program"? 9 Q. Look at Exhibit 2 if you would, please, ma'am,

0 A. Correct. 0 Defendant's Exhibit 2.

l Q. And then it goes through and, if you look down 1 MR. HARRJS: What's the Bates on that one?

2 further on that page, it has Phases I, II -- or Phases I 2 MS. WHITLOCK: Oh, I'm sorry. It's 19.

3 and II and then under ll there are several components. 3 18.

4 Do you see where I'm talking about? 4 MR. BAJGER: 18.

5 A. Yes, ma'am. 5 THE WT1NESS: Yes, ma'am.

Page 50 Page 52

I Q. None of those say that it's a residential I BY MS. WHITLOCK:

2 program; is that correct? 2 Q. Ts that an e-mail from you?

3 A. Yes, ma'am. 3 A. Yes, ma'am.

4 MS. WH ITLOCK: Do you have some stickers? 4 Q. Who is that directed to?

5 Can I have a defendant's sticker? 5 A. It is directed to the judge's judicial

6 (Defendant's Exllibit 1 was marked for 6 assistant, the D.O.C. officer, counseling - two

7 identification.) 7 counselors, and two D.O.C. officers. The primary drug

8 MS. WHITLOCK: And, Jeff, I'm not nearly 8 court team at that time.

9 as prepared as you. I don't have copies for 9 Q. Would this have been Patrick's drug court team?

0 everybody. In fact, I don't have a copy for 0 A. Yes, ma'am.

l me. 1 Q. So Marilyn--

2 Okay. Thank you. 2 A. Well, let me rephrase that. At this time.

3 And I'm happy to make a clean copy of that 3 The -- the service provider changed while Pat rick was

4 to attach. 4 gone the first six months. We left Western Judicial

5 BY MS. WHITLOCK: 5 Services and began services with Steps.

6 Q. Miss Mooty, I want to show you what's been 6 Q. Why was there a change?

7 marked as Defendant's Exhibit l . It's Desmond Page 15 7 A. We felt the need. The Steps program could

8 from our case. 8 provide more of what we were looking for in a n

9 A. Yes, ma'a m. 9 outpatient setting for a lesser cost.

0 Q. All right. Can you tell me what that is? 0 Q. What could they provide more of?

1 A. This is a case note written by me. I A. Extra counseling.

2 Q. What was the purpose of that note? 2 Q. When was that change made?

3 A. The purpose of the note was to put into the 3 A. In December.

4 file that this bad come to my attention from an outside 4 Q. Of2007?

5 source, that my client had passed away, and that I had 5 A. Yes, ma 'am.



14 (Pages 53 to 56)

Page 53 Page 55

1 Q. Going back to Defendant's Exhibit 2, this is I Q. And that went into your file?

2 directed to Marilyn Staefe, l think. She is the judge's 2 A. Yes, ma'am.

3 clerk; is that correct? 3 Q. And that, T think, is talking about the

4 A. The judge's judicial assistant 4 opportunity that we talked about before, for the court

5 Q. All right And John Parsons? 5 to ask Mr. Desmond any questions he might have had about

6 A. Officer of D.O.C. 6 the program?

7 Q. Julie Meyers? 7 A. Yes, ma'am.

8 A. Director of Steps program. 8 (Defendant's Exhibit 5 was marked for

9 Q. Kendra Branch? 9 identification.)

0 A. Counselor at Steps program. 0 BY MS. WHITLOCK:

I Q. And then we know w·ho Mark O'Donnell is. 1 Q. Defendant's Exhibit 5 which is Bates No. 29.

2 And Mark Van Bever? 2 A. Yes, ma'am.

3 A. Oh, Mark Van Bever, he's the circuit 3 Q. Is this one of your-- is this from your file?

4 administrator. 4 A. This is from my file but this was not generated

5 Q. So what does that mean? 5 byrne.

6 A. He's my boss boss. 6 Q. All rigbt. Who was that generated by?

7 (Defendant's Exhibit 3 was marked for 7 A. The Desmond family.

8 identification.) 8 Q. Did you ask them for that?

9 BY MS. WIDTLOCK: 9 A. Yes, ma'am.

0 Q. Let me show you Defendant's Exhibit 3. This is 0 Q. \Vhat was the purpose of it?

1 Bates No. 20. I A. Just so we had current addresses and phone

2 A. Yes, ma'am. 2 numbers.

3 Q. What was the purpose -- is that an e-mail from 3 Q. And this says a six-month rehabilitation and

4 you, also? 4 recovery program?

5 A. No, ma'am. It's from Officer Mark O'Donnell. 5 A. Yes, ma'am.

Page 54 Page 56

I Q. All right. To you? 1 Q. It doesn't say a six-month residential

2 A. Yes, ma'am. 2 rehabilitation and recovery program?

3 Q. Why was he sending that e-mail to you? What 3 A. It does not.

4 was your understanding? 4 Q. Now, you said that your program was for fust

5 A. He was letting me know that he had had contact 5 offenders; is that correct?

6 and that the participant was there like he was supposed 6 A. First-time, nonviolent, felony drug offenders.

7 to be and tbat he would be sending written monthly 7 It means a first-time felony offense. No -- no

8 reports to the participant at this address. 8 convictions. They could have no prior felony

9 Q. What does that mean, "v.'litten monthly reports"? 9 convictions.

0 A. Normally a participant in drug court must 0 Q. T11ey could have prior misdemeanor convictions?

1 report once a month to the Department of Corrections to I A. Yes, ma'am.

2 his assigned officer. However, when the client. is in 2 Q. Or prior felony charges?

3 residential, they provide them with monthly reports to 3 A. They could have prior misdemeanor convictions.

4 mail in to them. 4 They could have prior felony charges where adjudication

5 Q. So he was going to give blank reports to 5 was withheld.

6 Patrick to send in? 6 Q. What does that mean?

7 A. To complete and send in to him. 7 A. They were not adjudicated guilty.

8 (Defendant's Exhibit 4 was marked for 8 Q. Okay. Do you know what the-- Patrick's

9 identification.) 9 history was?

0 BY :MS. WHITLOCK: 0 A. No, ma'am.

I Q. If you would, look at Defendant's Exhibit 4. 1 Q. You didn't know that he had been arrested for

2 It's Bates No. 26. 2 marijuana possession, or cannabis possession, in 200 I?

3 A. Yes, ma'am. 3 A. I probably did at the time but, as of right now

4 Q. Is that a note that you made? 4 when you're asking that, to my memory, no, .I do not

5 A. Yes, ma'am. 5 remember what his criminal history was.



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15 (Pages 57 to 60)

Page 57

(Defendant's Exhibit 6 was marked for

identification.)

BY MS. WHITLOCK:

Q. Let me show you Defendant's Exhibit 6 which is

Bates 41.

A. This is the second page of a background

investigation which is assembled by the Department of

Corrections.

The possession of cannabis was nolle prossed

meaning the State didn't have enough evidence so they

dropped the charge. ' The DUI with property damage, he was

adjudicated guilty on the DUJ.

I don't know what this possession of DP.

Anyway, they withheld adjudication on that.

The DWLS was dismissed, the driving while

license suspended/revoked dismissed.

And the possession of cocaine- okay. The DP

is drug paraphernalia. All right. So they--

And then the current case was the one we have.

Q. Okay. And that was in July of2007?

A. 2006.

Q. Excuse me.

In 2006 he was first arrested for the cocaine,

and then in 2007 he was arrested for DUI, correct?

Page 58

A. This is the tirst felony. This is a criminal

traffic dismiss. This is a criminal traffic, and this

was a misdemeanor.

Q. Okay. But the one he first carne to your drug

court about was the cocaine in 2006?

A. Yes, ma'am.

Q. And then in 2007 is when be was arrested for

DUI?

A. Yes, ma'am.

Q. All right. While he was in your program?

A. Yes, ma'am.

Q. While he was in your program, other than the

DUl was he compliant with the expectations?

A. He might have had a sanction or two for missing

a group or an individual or something. I couldn't tell

you by memory, but for the most part he would have had

to have been in compliance to remain in the program.

Q. All right. What happens if he's not in

compliance?

A. When there's a noncompliance, typically the

participant is brought back before the drug court judge.

The noncompliance is explained. The participant has an

opportunity to tell their side of the story. The drug

court team makes a recommendation as to the sanction.

The participant tells the court whether they agree or

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Page 59

disagree to the sanction.

Q. And the ultimate sanction is dismissal from the

program?

A. No. The ultimate sanction is revocation from

the program. The goal is dismissal ofthe criminal

charge.

Q. Excuse me. Okay. All right. So the ultimate

sanction, though, is that he is removed from the program

and sent back to the criminal courts?

A. Yes, ma'am.

Q. Looking at Exhibit No. 6 which is Bates 124 -

THE REPORTER: Excuse me, ma'am. I think

you have an Exhibit 6 already.

MS. WHITLOCK: I do. You're right. I'm

sorry.

See, that's what I get for trying to do

somebody else's job.

All tight. We're on No. 7, and that's

No. 124. Sorry.

(Defendant's Exhibit 7 were marked for

identification.)

THE WITNESS: Yes, ma'am.

BY MS. WHITLOCK:

Q. A ll right. What-- whose notes are those?

A. These are the notes of h is primary counselor,

Page 60

Julie ~eyers.

Q. All right. She was his primary counselor

where?

A. With Steps, Specialized Treatment, Education

and Prevention Services, here in Brevard County.

Q. So this was when he came back after he had

finished the first go-round at Narconon, right?

A. Yes, ma'am.

Q. All right. Can I see it for just-

A. And relapsed.

Q. What do you mean "relapsed"?

A. He had fled from the lab.

Q. Okay. This says he continued to test positive.

Do you know what she meant by that?

A. It must be based on him admitting to using. He

has no positive test that I'm aware of.

Q. Okay.

MS. WHITLOCK: Sorry. Can I have more

stickers?

THE WITNESS: But I can't speak to-- but

as far as the record goes, I know of no

positive test.

MS. WHITLOCK: That's fine.

Well, I can't keep up with the numbers

anyway so--



16 (Pages 61 to 64)

Page 61 Page 63

I (Defendant's Exhibit 8 was marked for l (Defendant's Exhibit 1 0 was marked for

2 identification.) 2 identification.)

3 BY MS. WI:UTLOCK: 3 BY MS. WHI1LOCK:

4 Q. All right. We're up to Exhibit No. 8 and this 4 Q. All right. Exhibit No. 10, which is Desmond

5 is Bates No. 125. 5 13 3 -- excuse me -- 131, this appears to be a progress

6 A. Yes, ma'am. 6 report signed by Brian Conley. Who is Brian Conley?

7 Q. All right. You see there it says he is phased 7 A. He was the primary counselor with the preYious

8 up? 8 seryice proyider, Western Judicial Seryices.

9 A. Yes, ma'am. 9 Q. All right. I'm going to go show this document

0 Q. What does that mean? 0 to you, but it says, "He is still actively working 12

1 A. That means he went from Phase I to Phase D. I Steps with sponsor."

2 He went to a decrease in treatment. 2 A. Yes, ma'am.

3 Q. Why would he go to a decrease in treatment? 3 Q. Do you know what 12-step program that was?

4 A. Because when he first returned -- the standard 4 A. It probably would haYe been A.A., but I can't

5 process is that a client goes to Phase J for a month and 5 speal< for sure.

6 then Phase JI for a month and then the remainder of 6 Q. Other than that notation are you aware of any

7 their contract in Phase ill. HaYing just completed a 7 information about a 12-step program that Patrick Desmond

8 res-- we believe to be a six-month residential program, 8 was involved in?

9 they don't need as intensive outpatient treatment when 9 A. No. That's usually left up to the service

0 they return. They need more relapse prevention and just 0 proyider. That's a treatment issue as to whether they

1 ongoing support systems; and as you can see here, be met I approyc A.A., N.A., support groups at their church.

2 the number of required sessions to phase up. 2 Basically we're looking to establish an outside support

3 Q. All right. And would you agree with me, if 3 network.

4 he's phasing up, then all indications were that he was 4 Q. You don't have any infmmation one way or the

5 doing well in the progran1? 5 other about a program that Patrick was involved in?

Page 62 Page 64


2 (Defendant's Exhibit 9 was marked for 2 Q. Did you ever get a copy of the Narconon rules?

3 identification.) 3 You talked earlier about the rules and regulations for

4 BY MS. WHITLOCK: 4 the program. Did you get those?

5 Q. Looking at Exhibit 9 which is Bates 126, this 5 A. I don't belieYe so. I don't recall any rules.

6 is another document like Exhibit 8. Can you tell me who 6 I think I got a release, and I received a blank copy of

7 prepares these? 7 this, I belieYe.

8 A. That would be the counselor's signature at the 8 Q. "This" being Exhibit 3?

9 bottom, Julie Meyers. 9 A. Right. Where his name and date wasn't filled

0 Q. And she's the one we talked about just a few 0 in but it all says exactly the same thing.

1 minutes ago? 1 Q. You would agree with me that one of the risks

2 A. The primary counselor. Yes, ma'am. 2 of using drugs is overdose, would you not?

3 Q. So she did-- Exhibit 7, 8, and 9 were prepared 3 A. Yes, ma'am.

4 by her? 4 Q. And you would agree that one of the risks of

5 A. Yes; ma'am. 5 using drugs is death as a result of overdosing?

6 Q. And she says that-- on Exhibit 9 she says that 6 A. Yes, ma'am.

7 Mr. Desmond is very positive and has a lot to bring to 7 Q. Have you ever approved a participant going to a

8 1l1e group? 8 Narconon of florida program?


0 Q. And, again, you would -- you would agree with

1: Q. Other than with Patrick Desmond have you had

1 me that that indicates he's doing well in the any dealings with a Narconon program?

2 rehabilitation program? A. No, ma'am.

3 A. Yes, ma'am. 3 Q. You would agree with me that drug addicts and

4 MS. WHITLOCK: Am T on I 0? 4 alcoholics find their substance of choice and can get

5 THE REPORTER: Yes, ma'am. 5 their substance of choice even when they're in a



17 (Pages 65 to 68)

Page 65 Page 67

I rehabilitation program? 1 Q. You had been shown that before?

2 A. Yes, ma'am. 2 A. Yes, sir.

3 Q. That's a known risk of any substance abuse? 3 Q. What's an ambulatory detoxification center?

4 A. Yes, ma'am. 4 A. Outpatient.

5 Q. As far as you know, did Miss Rieser ever speak 5 Q. I heard you say earlier that you were unaware

6 to the judge in this case? 6 of any detox programs that aren't residential. Ts

7 A. No, ma'am. 7 that -- was that a misspeak? Are you aware, in fact,

8 MS. WHI1LOCK: I think that's all T have 8 that there are such things known as ambulatory

9 fornow. 9 detoxification programs?

0 MR. KEREW: I've got a few. 0 A. Well, yes, sir. To me that's a play on words.

1 CROSS EXAMINATION I When someone goes into detox, they are typically under

2 13Y MR. KEREW: 2 the supervision of a doctor because they are at risk of

3 Q. I'll try to be brief, ma'am. My name is Scott 3 dying if they're not medically detoxcd properly. Okay?

4 Kerew. 4 That's not something that's done in an outpatient

5 Ami -- 1 just want to make sure I'm 5 setting normally.

6 understanding that whole timeline right. 6 Now, if someone- if you're trying to get them

7 TI1e Desmonds are the ones who came to you 7 completely off the drugs altogether-- all right. It's

8 having located Narconon, correct? 8 different if I'm on -- say, for instance, I'm on Xanax

9 A. Yes, sir. 9 and I want to get off of Xanax. I go to my doctor

0 Q. And they represented to you that this was a 0 prescribing the Xanax, and he puts me on a slowly

1 residential facility. True? I weaning process to get me off of it.

2 A. They represented that that's what they had been 2 If I'm on Xanax and alcohol and I want to get

3 told. Yes, sir. 3 off of both of them together, then I have to go into a

4 Q. And you may have been asked this before. 4 medical detox facility where I am monitored because

5 Were you -- had you given them instructions as 5 those two drugs together, coming off of them are a huge

Page 66 Page 68

I to what residential facility meant? 1 risk for a person having a heart attack, cardiac arrest.

2 A. Yes, sir. 2 You know, you name it. Respiratory failure. So in that

3 Q. Okay. And what-- I -- I -- I thought I heard 3 case you-- you would need to be in a residential

4 you mention a few things as to what you consider a 4 setting.

5 residential facility. One of them, I think I heard you 5 MR. KEREW: I'm going to object to the

6 say, it's somewhere that has a detox program. Tt has a 6 responsiveness ofthe answer.

7 program that meets dietary needs and has 24-hour 7 BY MR. KEREW:

8 supervision. Is there anything else that needs to be 8 Q. Did you read the license that was sent to you?

9 there for you to consider it a residential faci lity? 9 A. Yes, sir, I did.

0 A. Housing. 0 Q. Did you believe when you saw that Narconon had

1 Q. 24-hour supervision at the housing location? 1 been granted approval to run an ambulatory

2 A. At the housing location. 2 detoxification program, did you believe as you just

3 Q. Okay. Are those the things that need to be 3 mentioned that that was just a play on words and that

4 present for you to consider something a residential 4 that meant residential detoxification program?

5 program? 5 A. No, sir. That's not what I meant.

6 A. Yes, sir . 6 Q. Was there any part of-- of this license which

. 7 Q. And did you tell the Desmonds those four 7 indicated to you that there was any residential

8 thlngs? 8 detoxification program that Narconon was authorized to

9 A. Yes, sir. 9 administer?

0 Q. And after the Desmonds came to you, you then 0 A. No, sir.

l spoke with Mary Rieser, correct? l Q. Did you, after receiving this license, go to

2 A. Yes, sir. 2 the Georgia Department of Human Resources website?

3 Q. She sent you a document that you had asked for, 3 A. No, sir.

4 whlch was the licensure? 4 Q. Did you make any effort to understand what an

5 A. Yes, sir. 5 ambuJatory detoxification program was under Georgia



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18 (Pages 69 to 72)

Page 69

rules and regulations?

A. I understood what the license meant, sir. I

didn't go any further because having had the

conversation with Miss Rieser I believed that the

program met the requirements and that that was merely a

license to (JrOvide substance abuse, education, and

treatment.

Q. So you believe, ifi understand you right, that

there would have been housing provided, dietary needs

would be met, 24-hour supervision, and the detox program

which is set forth in the license?

A. No.

Q. Is that -- is that what you understood?

A. Well, yes, sir.

Q. Now, you talked about the Bridge, and I'm not

sure that I got the full name; but tl1e Bridge program

that you talked about earlier, does the Bridge program

have bars on the window?

A. No, sir.

Q. Does the Bridge program have armed guards that

could prevent members, or students, from leaving?

A. No, sir.

Q. Is there any authority that you're aware of

that, if Patrick had been sent to the Bridge or had

elected to go to tl1e Bridge ratl1er than Narconon, that

Page 70

either you, your program, or the Bridge persom1el could

have prevented Patrick from leaving if he had chosen to

leave?

A. No, sir.

Q. In other words, even if he had gone to the

Bridge, if he didn't feel like being there for whatever

reason, he could have left at any time?

A. Yes, sir.

Q. And all that would have happened then is he

would have been in violation of the drug court contract.

True?

A. Yes, sir.

Q. And he would have been subject to going back

into the criminal court realm?

A. Yes, sir.

Q. Who is Lisa Robbins?

A. l believe that's Mary's daughter.

Q. Okay.

A. !think.

Q. What are you -- what are you going back in your

mind to --to remember that? Why are you coming up with

that?

A. The conversation, phone conversation.

That's the best I could do.

Q. And it's tine if you don't know, but are you

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Page 71

taking a guess because --

A. Well, the name sounded familiar and I assoc -

for some reason I'm associating it with Narconon, and I

know I only had two or three contacts with them.

Q. Let --let me show you sometlling.

You had mentioned earlier that you're not sure

if you saw the January 2008 letter to Officer O'Donnell

that had names filled in. You thought you saw one that

had blanks?

A. Correct.

Q. Do you remember saying that?

A. Yes.

"MR. KEREW: Let me go ahead and let's just

mark this. This is Desmond D-GA 005, and we'll

mark this if the reporter could tell me what

we're up to.

THE VIDEOGRAPHER: That's No. I I.

MR. KEREW: Thank you.

(Defendant's Exhibit 11 was marked for

identification.)

BYMR. KEREW:

Q. Ma'am, is that the docun1ent that you were

referring to which is essentially that same January

letter just with blarJks? In other words, Patrick's name

is not in there, so on and so forth.

Page 72

A. Yes, sir.

Q. Okay. In that, in that letter, that form

letter which we marked as Exhibit 11 , is that something

you believe you've seen before?

A. Yes, sir, I do.

Q. And you believe you would have seen that before

January when the one was sent to Officer O'Donnell with

the names filled in, right?

A. I do.

Q. Okay. And do you see in there the name "Lisa

Robbins"?

A. No, sir.

Q. Okay. It's on the first page about halfway

down.

A. Oh, Dr. Robbins. Okay.

Q. Dr. Robbins. rm sorry.

A. All right. Yes, sir.

Q. And you may not !mow. This may not help at

all.

Do you believe now -- does it help at a ll your

association as to why you may have been familiar with

the name "Robbins" as something to do with Narconon?

A. Yes, sir.

Q. Okay. Is it fair to say that anything you know

about Dr. Robbins is contained in this fonn letter which



19 (Pages 73 to 76)

Page 73

I we marked as Exhibit 11?

2 A. Yes, sir.

3 Q. You don't know anything else about Dr. Robbins?

4 A. No, sir.

5 Q. You don't have any reason to believe that

6 anyone ever represented an)'thing to you about

7 Dr. Robbins other than what's in this letter; is that

8 right?

9 A. Yes, sir.

0 Q. Okay. And would you agree then that your full

1 understanding of Dr. Robbins and what she had to do with

2 Narconon is that she would -- she would administer

3 medical treatments, medical exams, and -- and -- and

4 assistance as set forth in Exhibit 11?

5 A. Yes, sir.

6 Q. You mentioned earlier about detox programs,

7 that your understanding was that there's a doctor

8 involved because bad things could happen as far as the

9 medical side when someone is going through withdrawal?

0 A. Yes, sir.

1 Q. Do you have any reason to believe that Patrick

2 had any problems with the detox process itself?

3 A. No,sir.

4 Q. Ail right. Is there any-- were there any

5 representations made to you about the medical care that

Page 74

I would be provided when you talked to Mary Rieser?

2 A. Well, she explained that he would have a

3 physical done which is a standard procedure at any

4 residential program, level two or level three here in

5 Florida. So, you know, it was acceptable and 1 thought

6 it was great.

7 Q. Do you have any reason as you sit here to

8 believe that you were misled, as you indicated you

9 thought you were, on some levels but that you were

0 mislead with regard to the medical care that was

1 administered to Patrick?

2 A. No.

3 MR. KEREW: That's all I have. TI1anks.

4 MR. HARRJS: Do you need a break or

5 something?

6 TI-lE WITNESS: Yes.

7 MR. BAJGER: Do you want to take a break?

8 THE WITNESS: Yes, please.

9 MS. EYRE: Yeah. I have a couple quick

0 questions, but we can certainly go take a

I break.

2 MS. WHITLOCK: How long? How long?

3 Tiffi WITNESS: Yes, please.

4 MS. WIITTLOCK: How long? How long are we

5 going to break?

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Page 75

THE WITNESS: Just five minutes.

MS. WHITLOCK: Five minutes. Sure.

THE VIDEOGRAPHER: The time is -

MS. EYRE: All right. I'm going to stay

on the line then.

MS. WlUTLOCK: Okay.

THE VTDEOGRAPHER: -- 2:21. We are off

record.

Actually -- excuse me. Before we go any

futther, I have like ten minutes left on the

tape. Do you want to change now?

MS. WlUTLOCK: I'd go ahead and change.

THE VIDEOGRAPHER: Okay.

(Discussion off the record.)

THE VIDEOGRAPHER: Could you give me one

second, p lease.

MS. WHITLOCK: Yes.

MR. HARRIS: Okay.

THE VIDEOGRAPHER: The time is 2:21. That

concludes tape one of the deposition of Lisa

Mooty.

(Brief recess.)

THE VIDEOGRAPHER: The time is -- the time

is 2:27. This is tape two in the deposition of

Lisa Mooty.

Page 76

1 MR. KEREW: Do you-all --do you mind ifl

2 just jump back in for a couple minutes, and

3 then I'm pretty sure I'm not going to have

4 again. There's just one or two that I wanted

5 to follow up on.

6 MS. WHITLOCK: Okay with me.

7 Jeff?

8 MR. HARRIS: I don't care. That's fme.

9 BY MR. KEREW:

0 Q. Ma'am, can you take a look at Exhibit 11 again.

1 A. (Witness complies.)

2 Q. I know you had said to me that you believe you

3 saw that before the fi lled in copy was sent to Officer

4 O'Donnell. Is it your recollection that that blank fom1

5 letter was something that was sent to you by Mary Rieser

6 at or about the time of your initial conversation with

7 her?

8 A. You know, I can't say for sure, sir.

9 Q. Would -- would you have bad that letter before

0 the time that you recommended N arconon as an appropriate

1 facility to the drug-- to the judge?

· 2 A. Yes, sir.

3 Q. Okay. And if you could look, there's the

4 paragraph which you read before regarding Dr. Robbins

5 which says that she's going to do a full medical exam,



20 (Pages 77 to 80)

Page 77 Page 79

I right? 1 be bad passed. 2 A. Yes, sir. 2 Q. Nothing concerning your conversations early on

3 Q. And then after that there's a paragraph which 3 about which you've testified?

4 states that the program essentially is going to be run 4 A. No, ma'am.

5 by a clinical director and then it describes the 5 Q. I don't have any other questions.

6 program? 6 Thank you, Miss Mooty.

7 A. Yes, sir. 7 A. Thank you.

8 Q. Was that your understanding, specifically that 8 CROSS EXAMfNA TJON 9 Dr. Robbins was going to perfonn a medical exam and 9 BY MR. BARTLETT:

0 clear someone for the program and then that the program 0 Q. Miss Mooty, I'm Shane Bartlett. rm here on

I was going to actually be run by a clinical director as 1 behalf of one of the defendants.

2 described in that Jetter? 2 First, were you aware tl1at Patrick Desmond

3 A. Yes, sir. 3 underwent an inpatient detoxification at Peach ford

4 Q. Okay. And that is your understanding and was 4 Behavioral Hospital in Atlanta?

5 your understanding at the time that you recommended s A. No, sir.

6 Narconon as an appropriate facility to the judge? 6 Q. Okay. Have you ever heard of One Sovereign

7 A. Yes, sir. 7 Place?

8 MR. K.EREW: That's all I have. 8 A. No, sir.

9 MR. BARTLETT: You can go al1ead, Melanie. 9 Q. Okay. Do you have any idea or any knowledge

0 MS. EYRE: Thank you very much. 0 regarding the involvement of One Sovereign Place i.n the

1 CROSS EXAMINATION I matter that we're here about today?

2 BY MS. EYRE: 2 A. No, sir.

3 Q. Miss Mooty, my name is Melanie Eyre and I just 3 Q. Do you know if you've ever spoken to anyone at

4 have a couple quick questions for you. l4 One Sovereign Place?

5 Have you ever heard of an organization called s A. No, sir.

Page 78 Page 80

1 "Delgado Development"? 1 Q. Okay. Before my questions just now have you

2 A. No, ma'am. 2 ever even heard of the nan1e "One Sovereign Place"?

3 Q. Do you have any understanding whether an 3 A. No, sir.

4 organization c-alled "Delgado Development" has any 4 Q. Okay. No one from Narconon has ever mentioned

5 involvement in the dispute which we're here today for? 5 to you any involvement with One Sovereign Place and

6 A. The only knowledge I have is that it's on the 6 their rehabilitation program, have they?

7 paperwork. 7 A. No, sir.

8 Q. Okay. But that's all you know? You don't know 8 Q. Okay.

9 what, if any, their involvement was? 9 MR. BARTLEIT: That's all the questions I

0 A. No, ma'am. 0 have.

I Q. Did Mary Rieser or anybody in connection with 1 REDIRECT EXAMlNATlON

2 Narconon ever mention a Delgado Development, Inc., to 2 BY MR. HARRIS:

3 you? 3 Q. Just a few follow-ups.

4 A. No, ma'am. 4 Was the drug court team operating under the

s Q. Have you ever spoken with a lady named "Maria 5 assumption that Patrick Desmond was in a residential

6 Delgado"? 6 rehabilitation faci lity when it was approved?

7 A. :'>lot to my knowledge. 7 A. Yes, sir.

8 Q. Have you ever spoken with a gentleman nan1ed 8 Q. And why- tell us again. Why were you and the

9 "Don Delgado"? 9 rest of the team operating under that assumption?

0 A. Not to my knowledge. 0 A. Because I presented to the team the

1 Q. Did you maintain any written notes of any I conversation I had with Miss Rieser regarding housing,

2 conversations you had with Mary Rieser regarding Patrick 2 detoxification programs they had available, dietary

3 Desmond? 3 needs and those kind of things that, you know, I

4 A. I don't believe. The only- I believe the 4 believed she was meeting the requirements of the drug

s only case note in my tile was the one after I found out 5 court team as far as a residential program went.



21 (Pages 81 to 84)

Page 81

I Q. At any point did Miss Rieser tell you that

2 Narconon is an outpatient facility?

3 A. No, sir.

4 Q. Why in the world didn't you get on the web and

5 do a bunch of research and pull their DHR file? Why

6 didn't-- why didn't you do that?

7 A. I don't know.

8 Q. And why-- why didn't you scrutinize this

9 license carefully that you were asked about earlier?

0 Why didn't you --why didn't you read that carefully and

1 say, You know what, this is inconsistent with what Miss

2 Rieser's told me? Why didn't you do that, ma'am?

3 A. Because I felt comfortable with what I was

4 being told and I didn't see that there was any more

5 research needed. I've never pulled Bridges of America's

6 license.

7 You know, I mean there's-- there's just some

8 things that when you speak with someone and you go

9 through certain things you feel that, you know --I felt

0 that I was being told the truth, you know. 1 had-- I

I had no reason not to believe that this wasn't as good a

2 facility, if not better, than any other residential

3 program.

4 Q. Why in the world didn't you get on an airplane

5 and go up to Atlanta and check it out?

Page 82

I A. Well, there's no funding for that.

2 Q. Have you ever done that before for any other

3 facility?

4 A. No, sir.

5 Q. Okay. For any other facility, when you call

6 and look into their background, do you get on the

7 website and do research into their background if they

8 tell you they're a residential facility?

9 A. If they have a website, yes, sir, I •·eview

0 their website.

I Q. Do you pull their DHR file?

2 A. No, sir. I do not.

3 Q. Do you -- do you scrutinize carefully their

4 licenses?

5 A. Not prior to this. No, sir.

6 Q. All right. I want to show you something

7 about -- I'm going to show you Defendant's II which

8 you've already looked at.

9 Now, it's your recollection--

0 And if I'm mischaracterizing what you remember,

1 just tell me.

2 But is it your recollection that you received

3 that document or a document similar to it?

4 A. Yes, sir.

5 Ill

Page 83

1 (Plaintifrs Exhibit 8 was marked for

2 identification.)

3 BY MR. HARRIS:

4 Q. All right. I'm going to hand you what I marked

5 as Plaintiff's Exhibit 8. Now, Plaintiffs Exhibit 8 is

6 the same document that I just handed you with a few

7 differences, right?

8 MS. WHITLOCK: What are the Bates numbers

9 on 8?

0 MR. HARRIS: T'm sorry. Read that off if

1 you would, ma'am.

2 THE WITNESS: What am I reading off?

3 MR. HARRIS: Plaintiff's Exhibit 8, read

4 the Bates number on it.

5 MS. WHITLOCK: 1001.

6 THE WITNESS: I don't know what a Bates

7 number is.

8 MR. HARRIS: I'm sorry. It's the little,

9 tiny number down there. We get into lawyer

0 talk and forget.

1 BY MR. HARRIS:

2 Q. All right. Now, the one-- Plaintiff's

3 Exhibit 8 says it's from Lisa -- I mean -- excuse me.

4 It says it's from Mary Rieser, does it not? Up at the

5 top there.

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8 9

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Page 84

A. Yes, sir.

Q. And over on the right side it says "2007,"

right?

A. Ves, sir.

Q. Now, there's one significant difference between

the one that you were asked about earlier and the one

that I just showed you. Do you see the difference up at

the top?

A. Yes, sir.

Q. What's the difference?

A. It doesn't say from Mary Rieser.

Q. Well--

A. It doesn't have a date.

Q. And what else?

A. And it doesn't- the one you gave me doesn't

say outpatient.

Q. Do you have any -- do you know why the word

"outpatient" was taken off of the document that you were

sent?

MS. WHITLOCK: Object to the form of the

question. I think it calls for speculation and

conjecture and also misstates the witness's

prior testimony.

BY MR. HARRIS: Q. Is that the one you-- that you received on the



22 (Pages 85 to 88)

Page 85

1 right or is it the one on the left?

2 MS. WHITLOCK: Can you use numbers, 11 or

3 7?

4 BYMR HARRIS:

5 Q. Well, just tell me which one you received and

6 then identifY the number if you could.

7 A. Truthfully, sir, I can't tell you-

8 Q. Okay.

9 A. -- which one I received. I remember having

0 reviewed a document like this. Whether it was dated at

1 the top, I can't-- I can't testify to that.

2 Q. Okay. But you do know that you received

3 Plaintiff's -- or that you've seen Plaintiff's

4 Exhibit 4, right?

5 A. Yes, sir.

6 Q. And that was sent to the drug court, con-ect?

7 A. Yes, sir.

8 Q. And it doesn't say outpatient on it, does it?

9 A. No, sir.

0 Q. All right. What about 3? Was that sent to the

1 drug court?

2 A. Yes, sir. To the drug court officer. Yes,

3 sir.

4 Q. Does it say outpatient on it?

5 A. No, sir.

Page 86

I Q. 2, Plaintiffs Exhibit 2, did the drug court

2 receive that?

3 A. Yes, sir.

4 Q. Does it say outpatient on it?

5 A. No, sir.

6 Q. Let me show you what I marked as Plaintiffs

7 Exhibit 8. 8 Have you ever seen that document before?

9 And if you'll read out the Bates number for me.

0 A. 0986. I I've never seen this document before today,

2 sir.

3 Q. Well, does it say outpatient on it?

4 A. Yes, sir, it does.

5 Q. All right. Do you know why some of the

6 Narconon documents have the word "outpatient" and the

7 ones that were sent to the drug court don't?

8 A. No, sir.

9 MS. WHITLOCK: Object to the form of the

0 question.

1 BY MR. HARRJS:

2 Q. You don't know?

3 A. No, sir.

4 MR. KEREW: J eft: are there m·o

5 Exhibit 8's now? The one that you just marked,

Page 87

I is that Exhibit 8?

2 MS. WHITLOCK: This is P-8.

3 MR. KEREW: You did say 8 twice.

4 THE WITNESS: This is P-8.

5 MR. HARRIS: Okay. That should be P-9.

6 MS. WHITLOCK: See, you can't be a cow·t

7 reporter either.

8 MR. HARRIS: Exactly.

9 (Defendant's Exhibit 9 was marked for

0 identification.)

1 BY MR. HARRIS:

2 Q. All right. P -9, I asked you about P-9, and I

3 think my question was, P-9 does not-- or has the word

4 "outpatient" on it, does it not?

5 A. Yes, sir, it does.

6 Q. But none of the documents that were sent to the

7 court rrom Narconon have that letterhead, right?


9 MS. WHITLOCK: Object to form.

0 THE WITNESS: That's conect.

1 BY MR. HARRIS:

2 Q. Are there any documents that Narconon sent to

3 the court that you're aware of that use the word

4 "outpatient" on the letterhead?

5 A. None that were presented here.

Page 88

l Q. Do you know what ASAM levels are? Have you

2 ever heard that term?

3 A. ASAM levels. No, sil'.

4 Q. I think it's the American Society for Addiction

5 Medicine. Have you ever heard that tenn?

6 A. :\o. We use SAMHSA here in Florida mostly.

7 Q. Is that -- do you know if it's the same thing I

8 mean?

9 A. No, sir.

0 Q. Are there levels for ranking whether something

1 is an outpatient as opposed to a residential facility

2 under the SAMHSA regs?

3 A. Well, there-- there are levels to residential

4 programs. As far as SAMHSA, it's either outpatient or

5 it's t·esidential. Once you get into residential, then

6 there's level three and level two.

7 Q. I'm bouncing around and 1 apologize. I'm just

8 trying to cover some things that you talked about

9 earlier.

0 If-- if Patrick had been assigned to go to a

1 residential facility and he had just decided that he

2 just didn't want to do it anymore, be was just going to

3 quit and he was just going to leave, what would the drug

4 court have done in that event?

5 A. We would have revoked his PTI contract.



23 (Pages 89 to 92)

Page 89

1 Q. All right. And would you have issued or could

2 you issue a probation warrant for him?

3 A. No, sir.

4 Q. Okay. What's-- what's the process? How would

5 you -- how would you go about dealing with it if he just

6 walked away?

7 A. We would try to contact him to be in court at

8 the next drug court docket. We would prepare an order

9 to the court to revoke his PTI drug court contract, and

0 the court would then set him a new criminal court date

l fu docket sounding in front of the original judge.

2 Q. But he's out on bond, right?

3 A. Typically, yes, they're out on bond.

4 Q. Okay. So the -- the -- the compliance with the

5 drug court contract, is that a condition of his bond as

6 well?

7 A. No, sir.

8 Q. All right. So you can't-- if he-- if he just

9 walks away, you can't revoke him?

0 A. We can revoke his contract. We cannot revoke

I his bond.

2 Q. And when you say "we," you're talking about the

3 drug court team?

4 A. The drug court team. Yes.

5 Q. Okay. But can the court revoke him?

Page 90

1 A. The court can revoke his contract and the court

2 could choose to revoke his bond. It's very rarely ever

3 done as far as I know.

4 Q. Why is -- why is that? Why isn't -- why is it

5 rarely done?

6 A. Because they're considered low-risk clients.

7 Q. All right. Is it common for people who are in

8 the drug court to fall off the wagon?

9 A. Yes, sir.

0 Q. How often does that happen?

1

2

3

4

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6

7

8

9

0

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2

3

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5

A. One out of every ten.

Q. All right.

This is the last chance I'm going to get to

talk to you. Any doubt in your mind that Miss Rieser

told you that this facility was a residential program?

A. No,sir.

Q. Thank you, ma'atn.

RECROSS EXAMINATION

BY MS. WHITLOCK:

Q. I have just a couple of follow-ups.

'I11ere is no legal significance to residential,

is there?

A. What do you mean "legal significance"? I don't

understand the question.

Q. That was probably a poor question. J

Page 91

I apologize.

2 There is nothing under a Florida statute or

3 Florida regulation that says that a drug comt

4 participant has to go to a residential program, is 5 there?

6 A. No, ma'am.

7 Q. I believe that's something that you testified

8 that you -- or the drug team before you came on, that's

9 something that the drug team came up with?

0 A. Yes, ma'am.

1 Q. And the significance of the residential is it

2 is a part of the rehabilitation process. Would you

3 agree with me?

4 A. Yes, ma'am.

5 Q. Mr. Bartlett asked you about the Peach ford

6 program. Do you have any infonnation about where

7 Patrick went when he tirst left Florida in September of

8 2008 --excuse me-- of2007?

9 A. No, ma'am.

0 Q. You don't know whether he was under close

1 medical supervision at Peachford Hospital?

2 A. No, ma'am.

3 Q. You talked a little bit about your file, and I 4 got off track and 1 apologize. You have a file for each

5 of your patticipants?

Page 92

I A. Yes, ma'am.

2 Q. Then do each of these other members of the drug

3 court have their own files?

4 A. The D.O. C. officer assigned to that client

5 would have a file, yes, ma'am, and the service provider

6 would have a file.

7 Q. And are those drug court files or --

8 A. Xo, ma'am. They would be the Department of

9 Corrections file and the agency providing the

0 treatment's file.

1

2

3

4

5

6

7

8

9

0

I

Q. Allright.

TI1at's all I have. Thatlk you.

MR. KEREW: I've just got a couple more.

RECROSS EXAMINATION

BY MR. KEREW:

Q. Ma'am, can you just look at P-8 and P-11 -- or

I think it's Defense 11 and P-8.

A. These two?

Q. No. That one's been changed to 9 now.

A. These arc all plaintifrs.

Oh, here's- this is P-8, this one.

Q. Okay. And so, ma'am, we had-- we had talked

for a moment about those earlier, and what 1 understood

is you don't know which one of those documents you

received prior to making a recommendation to the judge,



24 (Pages 93 to 96)

Page 93

1 right?

2 A. Correct.

3 Q. All right. Whichever one it was, would you

4 agree with me that the description of Dr. Robbins and

5 what Dr. Robbins' role was to be is identical in those

6 two documents?

7 A. Yes, sir.

8 Q. So regardless of which one of those exhibits

9 you actually received before making your recommendation,

1 2 3 4 5 6 7 8 9

Page 95

THE REPORTER: All right. Ms. Mooty, could I get an address for you so I can send you the letter.

I'll get it after. I'll close the record first.

(Proceedings concluded at 2:42p.m., and the reading and signing were not waived.)

0 run I correct that it was your understanding that 0 I Dr. Robbins' role was to provide the medical exam and 1 2 clearance to enter into the program? 2 3 A. Yes, sir. 3 4 Q. And it was also your understanding, again 4 5 regardless of which ever one of those exhibits you 5 6 reviewed, that from that point there was going to be a 6 7 clinical director that actually ran tl1e program? 7 8 A. Yes, sir. 8 9 Q. And it was not your expectation in any way that 9 0 Dr. Robbins was going to actually be part of the 24-hour 0 I supervision for the residential aspect. True? 1 2 A. True. 2

3 Q. All right. That's all I have. 11lanks. 3 4 MS. WHITLOCK: Melanie? 4

5 MS. EYRE: T think T'm done. 5

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Page 94

MR. BARTLETI: I'm done.

MR. HARRIS: I'm done.

MS. WHITLOCK: Thank you very much.

THE VIDEOGRAPHER: The time is 2:43. That

concludes the deposition of Miss Mooty.

THE REPORTER: Just a minute, Counsel. I

always put copy order on the record.

Mr. Harris, do you want this transcribed?

MR. HARRIS: I do. Yes.

THE REPORTER: Copy, Mr. -

MR. KEREW: Kerew.

THE REPORTER: -- Kercw?

MR. KEREW: Yes, ma'am.

THE REPORTER: Ms. Eyre, copy?

MS. EYRE: No, 1 don't need a copy right

now. Thank you.

THE REPORTER: Mr. Bartlett?

MR. BARTLETf: Yes. A mini and I'll take

a copy of the exhibits as well.

MS. WHITLOCK: Can I get an E-Tran and a

mini, please -

THE REPORTER: Uh-huh.

MS. WHITLOCK: -- with exhibits.

MR. BAJGER: And Miss Mooty would like to

review it as well.

Page 96

I CERTIFICATE OF OATH

2

3 STATE OF fLORIDA )

) 4 COUNTY OF BREVARD )

5

6 I, Cynthia A. Angell,

7 Florida Professional Reporter,

8 R egistered Professional Reporter,

9 and

0 California Certified Shorthand Rep01ter,

I the undersigned authority,

2 hereby certifY that

3 LlSAMOOTY

4 personally appeared before me

5 and was duly sworn.

6

7 WITNESS MY HAND AND OFFICIAL SEAL

8 Januruy 18,2011,

9 in Melbourne,

0 Brevard County, Florida.

1 CYNTHIA A. ANGELL, FPR. RPR & CSR

3 Notruy Public- State of Florida

My Commission No.: 009523 10

4 Expires: Januruy 29, 2014

5



25 (Pages 97 to 99)

1 2 3

4 5 6 7 8 9 0 1 2

3 4

Page 97

CERTIFICATE OF REPORTER

STATE OF FLORIDA )

) COUNTY OF BREVARD)

I, CYNTHIA A. ANGELL, Florida Professional

Reporter, Registered Professional Rep01ter, and

California Ce1tified Shorthand Reporter, do hereby certify that I was authorized to and did

stenographically report the videotaped deposition of

LISA MOOTY, that a review of the transcript was requested, and that Pages 1 through 115, inclusive, are

a true record of my stenographic notes. I further ce1tif)r that I am not a relative or

5 employee or attorney or counsel of any of the parties,

6 nor am I a relative or employee of any of the parties'

7 attorney or counsel connected with the action, nor am I 8 financially interested in the action.

9 0 I 2

3 4 5

DATED this 25th day of January, 2011.

CYNTHIA A. ANGELL FPR, RPR & CSR

Page 98

I ANGELL REPORTING SERVICE, INC. 6550 N. Wicklmm Road, Suite 4

2 Melbourne, FL 32940

3 4

5 Lisa Mooty

(321) 259-8500

January 26,2011

6 Dmg Comt Manager I 040 S. Florida Ave.

7 Rockledge, Florida 32955 8 In Re: Desmoud v. Narconon, et al.

Case No: I OA28641 -2 9 Taken: January 18, 2011

10 Dear Ms. Mooty: 11 Your deposition taken in the above cause has been

completed and awaits reading and signing. 12

Please contact our office to arrange a time to 13 read and sign the transcript. Office hours are 9:00

a.m. to 5:00p.m. Monday through Friday. The transcript 14 is 115 pages long, and you should allow yourself

suffi~'ient time. 15

Please complete by Febmary 25, 2011. 16

Copies of this deposition have been forwarded 17 to all ordering parties as listed below; and your errata

sheet, once completed, will be forwarded to the same. 18

19 0

2

Sincerely,

Cynthia A. Angell FPR, RPR, CSR

cc: Jeffrey R Harris, Esq. 3 Katlnyn S. W1U:tlock, Esq.

Scott P. Kerew, Esq. 4 Shane E. Bartlett, Esq. 5

I

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Page 99

ERRATA SHEET

DO NOT WRITE ON TRANSCRIPT- ENTER CHANGES HERE

STYLE: Desmond v. Narconon. et al.

CASE NO: I OA28641-2 DATE TAKEN: January 18, 2011

DEPONENT: Lisa Mooty

PAGE&

LINE NO. CORRECTION REASON

2 Under penalties or perjury, I declare that I have

read the foregoing transcript and that the facts stated

3 in it are true.

4 DATED: SIGNED:

5 LISA MOOTY



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