CERTI Ft ED - Trial Guides › resources › downloads › trial... · 2016-03-25 · CERTI Ft ED...

CASE NO. CV100071

CERTI Ft EDTRANSCRIPT

REPORTER’S PARTIAL TRANSCRIPT OF PROCEEDINGSSAN LUIS OBISPO, CALIFORNIA

FRIDAY, MARCH 9, 2012

REPORTED BY YOLANDA C.

~4c7J~jn&video conferencing

1 302 Osos StreetSan Luis Obispo, CA 93401

805.544.3363 FAX 805.544.7427www. mcdanielreporting .com

SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF SAN LUIS OBISPO

BEFORE THE HONORABLE CHARLES S. CRANDALL, JUDGE

~SOFIA BLUNT, A MINOR BY AND~THROUGH HER GUARDIAN AD LITEM,HJENNIFER BLUNT; JENNIFER BLUNT,

~, INDIVIDUALLY, AND ANDREW BLUNT,

t~’ INDIVIDUALLY,

PLAINTIFFS,

VS.

SIERRA VISTA REGIONAL MEDICAL

~ CENTER, Kt}RT HAUPT, M.D., AND

DOES 1 THROUGH 500,

)

DEFENDANTS.

S. Miller, Suite 110~Maria, CA 93454

CSR NO. 7389

206 E. Victoria StreetSanta Barbara, CA 93101

REPORTER’S PARTIAL TRANSCRIPT OF PROCEEDINGS March 9, 2012

Page2

1 APPEARANCES:2 FOR THE PLAINTIFFS: CARPENTER, ZUCKERMAN

& ROWLEY, LLP

3 BY: NICHOLAS C. ROWLEY, ESQ.ROBERT OUNJIAN, ESQ.

4 RODNEY RITNER, ESQ.8827 WEST OLYMPIC BOULEVARD

5 BEVERLY HILLS, CA 90211678

FOR THE DEFENDANT KURT HAUPT:9

BERTLING & CLAUSEN, LLP

10 BY: PETER G. BERTLING, ESQ.15 WEST CARRILLO STREET

11 SUITE 100SANTA BARBARA, CA 93101

12131415 FOR THE DEFENDANT SIERRA VISTA REGIONAL MEDICAL CENTER:16 HALL, HIEATT & CONNELY, LLP

BY: JAY A. HIEATT, ESQ.

17 STEPHANIE A. BOWEN, ESQ.1319 MARSH STREET

18 SECOND FLOORSAN LUIS OBISPO, CA 93401

192021 ALSO PRESENT: KURT HAUPT, M.D.22232425262728

McDaniel Reporting 805 544-3363b2d465O7~78ba-4396-98d6-a6C75fe218f6


SAN LUIS OBISPO, CALIFORNIA

FRIDAY, MARCH 9, 2012

11:33 A.M.

4

5 DEPARTMENT 10 HON. CHARLES S. CRANDALL, JUDGE

6 * * *

7

8 VOIR DIRE -

9

, DO YOU BELIEVE YOU CAN

AS TO BOTH SIDES, GIVE US A FAIR

ABSOLUTELY.

YOU AND YOUR WIFE ARE MUSICIANS?

YES, SIR.

WHAT INSTRUMENTS?

SHE’S A FIVE-STRING BANJO PLAYER,

BLUEGRASS?

YES, SIR.

THANK YOU VERY MUCH.

EVERYBODY, AND YOU ALL HAVE BEEN

YOU GUYS HAVE BEEN SITTING OUT

HERE LISTENING, AND I KNOW IT CAN BE VERY TIRING. AND

ALL OF YOU WHO HAVE BEEN WAITING I THINK WE’LL ALL AGREE

ARE JUST AS IMPORTANT AS EVERYBODY WHO’S HERE FOR THIS

PROCESS, AND AS TIRING AS IT IS, IT’S SO IMPORTANT.

THANK YOU FOR PUTTING UP WITH US ALL. JUSTICE CAN’T

805 544-3363b2d46507-78ba-4396-98d6-a6c75fe21 8f6

1

2

3

MR. ROWLEY:

BE FAIR AND IMPARTIAL

SHAKE?

:

MR. ROWLEY:

:

MR. ROWLEY:

:

I’M THE LEAD BANJO.

MR. ROWLEY:

:

MR. ROWLEY:

BEING HERE,

WAITING A LONG TIME.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

McDaniel Reporting


1 EXIST WITHOUT YOU.

2 ?

3 : , WITH AN “A.”

4 MR. ROWLEY: . AND THAT’S ITALIAN?

5 : YES.

6 MR. ROWLEY: SO YOU’VE THOUGHT ABOUT THIS

7 OVERNIGHT, AND YOU SEE HOW IMPORTANT OF’ A DECISION IT

8 IS. AND THAT’S SOMETHING THAT’S INSIDE.

9 : YES.

10 MR. ROWLEY: YOU’RE SAYING, “THIS IS IMPORTANT,

11 AND I DON’T KNOW IF’ I WANT THAT RESPONSIBILITY ON MY

12 SHOULDERS BECAUSE IT MIGHT BE TOUGH”?

13 : YES.

14 MR. ROWLEY: IT WILL BE TOUGH.

15 : I HAVE A PARTICULAR DISABILITY

16 ABOUT HEALTHCARE, AND SO I WILL BE MORE ON THE OTHER

17 SIDE BECAUSE I BELIEVE THAT -- I BELIEVE THAT SOMEBODY

18 HAS A CHILD THAT IS NOT LIKE THE OTHER CHILD, IT SHOULD

19 BE TAKEN CARE OF IN A DIFFERENT WAY THAN ASKING FOR AN

20 AWARD. I BELIEVE THAT. AND I DQN’T THINK -- YOU KNOW,

21 WITH MY FATHER, HE NEVER -- HE TALKED ABOUT MALPRACTICE

22 AND HE WOULD JUST -- IT WAS -- IT’S NOT THIS BIG -- THIS

23 BIG TREND IN DEALING WITH YOUR PROFESSION BECAUSE

24 EVERYBODY CAN MAKE MISTAKES. BUT HERE WE TALK ABOUT

25 LIFE-THREATENING, ALMOST. IT’S NO -- I DON’T THINK IT’S

26 FAIR.

27 MR. ROWLEY: EVERYTHING YOU SAID IS ABSOLUTELY

28 RIGHT.

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6c75fe21 8f6


1 AND YOUR FATHER PRACTICED MEDICINE IN ITALY?

2 : YES.

3 MR. ROWLEY: AND YOU DON’T HAVE TO WORRY ABOUT

4 SOME GUY LIKE ME COMING AFTER HIM.

5 : WELL, THERE ARE MALPRACTICE, BUT

6 I WOULD SAY THEY ARE MUCH MORE REASONABLE. FOR ME, I DO

7 THE MATH. I’M NOT SURE IF YOU SAY 15 MILLIONS OR 50

8 MILLIONS, BUT, OKAY -- I CAN AGREE ON A MORE REASONABLE

9 AMOUNT TO TAKE CARE OF’ THE CHILD, BUT THIS IS -- I DON’T

10 HAVE CHILDREN, BUT IT’S MY CHOICE. BUT IF YOU PUT -- IF

11 YOU GIVE BIRTH TO A PERSON, YOU KNOW HOW YOU NEED TO

12 TAKE CARE OF THIS PERSON, SO YOU ALREADY MAKE YOUR

13 PREPARATION SO YOU ALREADY CAN/TAKE CARE OF A NORMAL

14 CHILD. IF’ THIS CHILD IS NOT NORMAL, YOU NEED -- OF

15 COURSE YOU NEED ADDITIONAL FINANCE TO TAKE CARE, AND SO

16 THAT’S WHAT YOU NEED TO HAVE. BUT YOU CANNOT GO AGAINST

17 SOMEBODY ELSE TO GET THAT MONEY, YOU KNOW.

18 MR. ROWLEY: OKAY. I’M TRYING -- I WANT TO TRY

19 TO--

20 : I MEAN HOW MUCH MONEY YOU NEED TO

21 LIVE A LIFE, A NORMAL PERSON LIVING A LIFE, AND PLUS IF

22 HE HAS NEEDS, ALL THE SPECIAL NEEDS, IT WILL BE ONE

23 MILLION, TWO MILLION?

24 MR. ROWLEY: THE POINT THAT I’M AT, AND YOU’RE

25 BEING SO UP-FRONT WITH US ABOUT THIS, AS EVERYBODY HAS

26 BEEN, AND THAT’S WHAT WE NEED.

27 THE MONEY AT THE END OF THE DAY TO TAKE CARE OF’

28 THIS CHILD, IT AIN’T UP TO ME. IT AIN’T UP TO THEM.

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe2l 8f6


1 HOW THE MONEY GETS PAID ISN’T SOMETHING YOU ARE TO EVEN

2 THINK TWICE ABOUT, NOT EVEN THINK ONCE ABOUT. THE JUDGE

3 WILL GIVE YOU AN INSTRUCTION AS TO IF -- WHERE THIS

4 MONEY COMES FROM, HOW IT GETS PAID. THAT’S NOT AN ISSUE

5 FOR THE JURORS TO WORRY ABOUT AT ALL. OKAY. IF IT’S

6 GOING TO -- IF THE -- IF THE DOLLAR AMOUNT OF THE

7 VERDICT IS OR IS NOT~GOING TO AFFECT THE HOSPITAL OR THE

8 DOCTOR, YOU’RE NOT SUPPOSED TO THINK ABOUT THAT FOR ONE

9 SECOND. THE LAW SAYS YOU DON’T THINK ABOUT THAT.

10 THE COURT: HOLD ON. MR. HIEATT?

11 MR. HIEATT: HE’S MADE HIS POINT.

12 THE COURT: I THINK SO. OKAY:

13 LET’S MOVE ON.

14 MR. ROWLEY: YES. AND IF THOSE LEGAL

15 INSTRUCTIONS ARE GIVEN TO YOU, AND YOU’RE TOLD NOT TO

16 THINK ABOUT THAT, AND YOU ALL TOOK AN OATH HERE TO

17 FOLLOW THAT LAW, CAN YOU STAND BY THAT OATH AND THEN

18 YOU, NOT THINKING ABOUT THAT, YOU MAKE THE DECISION, NOT

19 -- NOT ME, NOT MR. HIEATT, NOT -- IT’S YOU, THE

20 COMMUNITY, WHO MAKES THE DECISION AS TO HOW MUCH MONEY

21 IT WILL TAKE TO TAKE CARE OF THIS LITTLE GIRL IF WE

22 PROVE THAT. AND IT’S SOMETHING YOU WORK WITH THE

23 NEIGHBORS IN YOUR COMMUNITY TO FIGURE OUT.

24 AND WHAT WE NEED IS PEOPLE THAT ARE GOING TO

25 NOT MAKE IT HARDER FOR ME BECAUSE, “WELL, I FAVOR

26 DOCTORS,” OR, “I FAVOR THE OTHER SIDE,” OR I’M -- YOU

27 KNOW, “I CAN IDENTIFY MORE WITH THEM, WITH THE MEDICAL

28 PROVIDERS BECAUSE MY DAD WAS A DOCTOR.” I NEED YOU TO

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6C75fe21 8f6

REPORTERS PARTIAL TRANSCRIPT OF PROCEEDINGS March 9, 2012

1 PUSH THAT ASIDE AND SAY, “I’M GOING TO WORK WITH THE

2 NEIGHBORS IN MY COMMUNITY TO DO WHAT’S RIGHT HERE. TAKE

3 MY BIAS. I’M GOINGTO OWN IT. I’M GOING TO ACKNOWLEDGE

4 IT. BUT I’M GOING TO SET IT RIGHT UP HERE. I AM GOING

5 TO WORK WITH MY MEMBERS FOR THE COMMUNITY.”

6 WILL YOU PROMISE TO DO THAT?

7 : I CANNOT PROMISE THAT. I AM VERY

8 OPINIONATED UNFORTUNATELY, AND SO I --

9 MR. ROWLEY: YOU KNOW, THANK YOU FOR TRYING. I

10 APPRECIATE IT. AND DON’T FEEL BAD ABOUT -- FEEL GOOD

11 ABOUT BEING HONEST WITH US.

12 : I WOULD FEEL BADLY IF I WAS PUT

13 IN THAT SITUATION.

14 MR. ROWLEY: THANK YOU VERY MUCH. I’M GOING TO

15 TALK TO SOME OTHER PEOPLE NOW.

16 ?

17 : .

18 MR. ROWLEY: I GOT TO TELL YOU RIGHT OFF THE

19 BAT, I’M A LITTLE AFRAID BECAUSE, BOY, HERE’S A PRIOR

20 DEFENSE LAWYER WHO, YOU KNOW, WHEN I DID COUNTY DEFENSE

21 WORK --

22 THE COURT: I’LL SUSTAIN IT. LET’S NOT GO INTO

23 THAT.

24 MR. ROWLEY: KNOWING SOMEONE THAT YOU’VE WORKED

25 WITH OR THAT, YOU KNOW, YOU WORKED ON CASES WITH, I

26 SUPPOSE I’D LIKE TO SEE SOMEBODY THAT I USED TO WORK

27 WITH ON THIS JURY BECAUSE THEN I MIGHT KNOW SOME THINGS

28 ABOUT -- I’D KNOW WHAT THEY LIKE. I’D KNOW WHAT MIGHT

McDaniel Reporting 805 544-3363b2d465O7~78ba-4396-98d6-a6C75fe21 8f6


1 PUSH THEM ONE WAY OR THE OTHER. AND I DON’T KNOW YOU,

2 BUT MR. HIEATT DOES.

3 WHERE WOULD YOU BE AT IF YOU WERE IN MY SHOES?

4 : I DON’T -- I THINK I’M -- I HAVE

5 THE ABILITY TO LISTEN TO THE FACTS AND MAKE DECISIONS

6 BASED ON THE FACTS. THE FACT THAT I KNOW MR. HIEATT AND

7 I WORKED WITH MR. HIEATT A LITTLE BIT I DON’T THINK

8 AFFECTS MY DECISION EITHER WAY.

9 MR. ROWLEY: AM I OFFENDING YOU AT ALL?

10 : OH, NO.

11 MR. ROWLEY: OKAY. AM I DOING ALL RIGHT?

12 : YOU’RE DOING FINE:

13 MR. ROWLEY: OKAY. BECAUSE YOU HAVE MANY YEARS

14 OF EXPERIENCE.

15 : I’VE TRIED LOTS OF CRIMINAL JURY

16 TRIALS. YES, I DO, MANY.

17 MR. ROWLEY: AND WHAT TYPE OF -- WHAT TYPE OF

18 JUROR DO WE WANT IF YOU WERE TO, I GUESS, BE TEACHING

19 US?

20 : WELL, I’M NO TEACHER, AND CIVIL

21 WORK IS A LOT DIFFERENT THAN CRIMINAL.

22 MR. ROWLEY: YOU PROBABLY SAW A LOT OF

23 FRIVOLOUS LAWSUITS.

24 : IN THE CRIMINAL REALM? I’M NOT

25 SURE HOW YOU DEFINE FRIVOLOUS. I SAW SOME SUITS THAT

26 PROBABLY SHOULDN’T HAVE BEEN BROUGHT, THAT’S CORRECT.

27 THEY SHOULD HAVE BEEN SETTLED.

28 MR. ROWLEY: DID YOU SEE CASES THAT JUST -- HOW



1 ABOUT WITH FRIVOLOUS LAWSUITS, IF THERE IS A LAWSUIT

2 THAT’S LEGITIMATELY PURSUED, THAT’S BROUGHT FOR THE

3 RIGHT REASONS, A CASE THAT’S LEGIT, DID YOU EVER SEE

4 CASES WHERE THERE COULDN’T BE -- BECAUSE, AS YOU SAID,

5 THE CASE JUST COULDN’T SETTLE?

6 : OH, I’VE SEEN THOSE CASES, YES.

7 MR. ROWLEY: HAVE YOU SEEN CASES WHERE PEOPLE

8 HAVE DONE SOMETHING WRONG AND BROKEN THE RULES OF OUR

9 SOCIETY, AND YET FAILED TO ACCEPT RESPONSIBILITY FOR IT?

10 : OH, YEAH.

11 MR. ROWLEY: AND SAID, “WE’RE NOT GOING TO

12 SETTLE THE CASE,” AND THEN IT HAS TO GO TO TRIAL? HAVE

13 YOU SEEN THAT?

14 : OH, YEAH.

15 MR. ROWLEY: HAVE YOU SEEN FRIVOLOUS DEFENSES

16 TO LEGITIMATE CASES?

17 : YES, I HAVE, AND I’VE SEEN

18 FRIVOLOUS PROSECUTIONS ALSO.

19 MR. ROWLEY: SO YOU’VE SEEN BOTH SIDES?

20 : I HAVE SEEN BOTH SIDES.

21 MR. ROWLEY: IF I GO HOME TONIGHT AND I GO TO

22 SLEEP, AND I’M LAYING THERE IN BED, AND I’VE KEPT YOU ON

23 THIS JURY, AND THE DEFENSE COUNSEL HAS KEPT YOU ON THIS

24 JURY, SHOULD WE SLEEP TIGHT?

25 : I HAVE NO WAY TO ANSWER THAT.

26 MR. ROWLEY: OKAY.

27 : OTHER THAN TO SAY I THINK I CAN BE

28 OBJECTIVE.

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6C75te21 8f6


1 MR. ROWLEY: IF YOU WERE THE PLAINTIFF LAWYER

2 ON THE CASE, IF YOU WERE ME, IF WE WERE TO REVERSE ROLES

3 FOR A MINUTE AND I HAD TO SIT DOWN IN YOUR CHAIR AND I

4 BECOME YOU, EVERYTHING ABOUT YOU, ALL YOUR EXPERIENCE,

5 YOUR MINDSET, YOUR BELIEFS, AND ALL THAT, AND HERE --

6 THIS IS A CASE FOR 15 MILLION DOLLARS, UNLESS YOU ALL

7 DECIDE IT’S MORE, WHICH YOU CAN, OR LESS, IT’S UP TO YOU

8 -- WOULD YOU BE ALL RIGHT WITH HAVING YOURSELF AS A

9 JUROR ON THIS CASE, BEING THE PLAINTIFF LAWYER, OR WOULD

10 YOU THINK TWICE ABOUT IT?

11 : I THINK I WOULD BE ALL RIGHT HAVING

12 ME ON THE JURY REGARDLESS, DEFENSE, PLAINTIFF, OR

13 WHOEVER. I THINK I CAN BE OBJECTIVE.

14 MR. ROWLEY: THANK YOU.

15 OKAY. SAME QUESTIONS TO YOU, MA’AM.

16 : I BELIEVE I CAN BE OBJECTIVE. I

17 THOUGHT ABOUT THIS CASE EACH DAY I’VE GONE HOME FROM

18 HERE, AND OF COURSE WE HAVEN’T HEARD THE ACTUAL EVIDENCE

19 THAT’S GOING TO BE PRESENTED. I BELIEVE THAT I CAN BE

20 FAIR AND IMPARTIAL.

21 MR. ROWLEY: YOU HAD MENTIONED THAT YOU HAD

22 GONE TO A FEW COURSES WHERE MR. HIEATT WAS TEACHING AT

23 THE HOSPITAL ABOUT MEDICAL RECORDS.

24 : MR. HIEATT HAS DONE LECTURES AT

25 THE HOSPITALS FOR NURSES TO TALK ABOUT STANDARD OF

26 PPJ~CTICE, STANDARD OF CARE, AND PRIMARILY NURSING

27 DOCUMENTATION, AND I’VE ATTENDED TWO OR THREE OF HIS

28 LECTURES IN THE PAST.



1 MR. ROWLEY: AND WITH RESPECT TO HOW -- DID IT

2 ADDRESS -- WAS MR. HIEATT TEACHING NURSES AT THE

3 HOSPITAL, LOCAL HOSPITALS ABOUT -- WHAT ABOUT

4 DOCUMENTATION?

5 : HE’S -- HE HAS TALKED ABOUT WHAT

6 NURSES SHOULD DOCUMENT IN SHORT TO PROTECT THEMSELVES

7 PERHAPS AGAINST ISSUES LIKE THIS, WHAT’S IMPORTANT

8 DOCUMENTS, WHAT’S NOT IMPORTANT DOCUMENTS. HE HAS

9 DISCUSSED IN THE PAST SOME LITIGATION THAT HAS OCCURRED

10 AND WHAT COULD HAVE BEEN DONE TO PREVENT IT.

11 MR. ROWLEY: OKAY. WITH RESPECT TO

12 DOCUMENTATION?

13 : CORRECT, NURSING DOCUMENTATION.

14 MR. ROWLEY: OKAY. NOW, I MIGHT ONLY SAY THIS

15 ONCE BECAUSE I DON’T KNOW HOW THIS TRIAL IS GOING TO GO,

16 BUT I ACTUALLY LIKE MR. HIEATT, AND I KIND OF LIKE HIM

17 TOO, SOMETIMES (INDICATING MR. BERTLING).

18 MR. BERTLING: I LIKE YOU TOO.

19 MR. HIEATT: IT JUST DOESN’T SOUND SINCERE WHEN

20 IT’S RIGHT AFTER THEY’VE SAID IT.

21 MR. ROWLEY: AND IF I HAD BEEN TO -- WELL, I

22 TELL YOU, IF YOU HAD BEEN TO SOME OF THE LECTURES THAT I

23 TEACH, AND HERE YOU WERE AS A JUROR, I’D PROBABLY BE A

24 LITTLE GIDDY ABOUT IT, TO BE BRUTALLY HONEST. I’D SAY,

25 “THAT’S MY GIRL. YOU KNOW, I KNOW HER. YOU KNOW, WE’RE

26 ON THE SAME TEAM. SHE’S COME TO MY -- COME TO MY

27 LECTURES. SHE’S GOING TO LISTEN TO ME. THIS IS SOMEONE

28 I CAN TALK TO.” BUT IT’S THE REVERSE HERE, SO I’M

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6C75fe218f6


1 SWEATING IT. IF YOU WERE ME, WOULD YOU BE SWEATING IT A

2 BIT, BRUTAL HONESTY?

3 : IT’S DIFFICULT FOR ME TO ANSWER

4 THAT AND SAY YOU SHOULD BE SWEATING IT. I CAN’T SAY

5 THAT. I DON’T HAVE A PERSONAL RELATIONSHIP WITH

6 MR. HIEATT. THE FIRST TIME I MET HIM, I WAS A NURSING

7 STUDENT, DIDN’T KNOW HIM BEFORE, AND HE CAME TO MY

8 NURSING CLASS AND LECTURED. AFTER THAT, OVER THE YEARS,

9 I’VE ATTENDED A COUPLE OF HIS LECTURES WHEN HE’S COME TO

10 THE HOSPITAL. I CAN’T SAY HE WOULD KNOW ME IF WE RAN

11 INTO EACH OTHER ON THE STREET OUTSIDE OF THE HOSPITAL

12 SETTING. WE DON’T ASSOCIATE IN THE SAME TYPE OF SOCIAL

13 CIRCLES. WE DON’T ATTEND THE SAME CLUBS. I’VE NEVER

14 SEEN HIM BEFORE OUTSIDE OF IN THE HOSPITAL SETTING AT A

15 LECTURE, AND I ONLY KNOW HIM THROUGH HIS RELATIONSHIP

16 THROUGH THE HOSPITALS.

17 MR. ROWLEY: IF’ IT CAME DOWN TO A BIG VERDICT

18 BETWEEN THE HOSPITAL AND THE LOCAL DOCTOR, IF WE PROVE

19 OUR CASE, SAY, 51 PERCENT, JUST TIP THOSE SCALES AND

20 PROVE IT’S MORE LIKELY TRUE THAN NOT, YOU WON’T SWEAT

21 GIVING US YOUR VERDICT?

22 : I WOULDN’T HAVE A PROBLEM WITH

23 THAT.

24 MR. ROWLEY: OKAY. THANK YOU.

25 WHAT DO YOU LIKE TO DO IN --

26 : IN MY OFF TIME?

27 MR. ROWLEY: YEAH. IF YOU HAD A PERFECT DAY,

28 WHAT WOULD WE SEE? WHO WOULD BE THERE?


REPORTE~ PARTIAL TRANSCRIPT OF PROCEEDINGS March 9, 2012

1 : I’M PURSUING MY DOCTORATE IN

2 NURSING PRACTICE. I RIDE A HARLEY AND I LOVE TO SCUBA

3 DIVE.

4 MR. ROWLEY: WHERE DO YOU LIKE TO SCUBA AND

5 WHAT TYPE OF HARLEY?

6 : HARLEY IS A 2008 NIGHTSTER 1200

7 CC. SCUBA DIVING, I USED TO TEACH SCUBA DIVING YEARS

8 AGO, AND NOW I MOSTLY LIKE TROPICAL DIVING. LAST MONTH

9 I DID A TRIP TO MAUI AND LISTENED TO HUMPBACK WHALES.

10 MR. ROWLEY: IT’S TOUGH GETTING IN THE COLD

11 WATER AFTER YOU’VE BEEN IN THE WARM WATER.

12 : THAT’S WHY I LIKE THE WARM WATER

13 DIVING NOW.


15 WHAT DO YOU THINK? DO YOU WANT TO BE HERE? DO

16 YOU WANT TO DO IT?

17 : YEAH.

18 MR. ROWLEY: NO REASON FOR EITHER OF US TO BE

19 AFRAID OF YOU?

20 : NO.

21 MR. ROWLEY: ANYTHING YOU THINK I MAY WANT TO

22 KNOW?

23 : NOT OFF THE TOP OF MY HEAD. I’VE

24 BEEN SITTING HERE LISTENING TO EVERYBODY TALK AND THE

25 QUESTIONS BEING ASKED BY YOU AND JURORS, AND I THINK I

26 CAN DO A GOOD JOB, BE OBJECTIVE AND LISTEN TO THE

27 EVIDENCE.

28 MR. ROWLEY: SO YESTERDAY, I WAS TRYING TO



1 FIGURE OUT WHY THAT GUY DIDN’T LIKE ME SO MUCH. AND A

2 FRIEND OF MINE SAYS IT’S BECAUSE YOU WERE SITTING HERE

3 IN COWBOY BOOTS DRINKING PERRIER. I SAID, “BUT MY TUMMY

4 HURT.”

5 NO REASON -- DOES ANYONE HAVE ANY -- ANY, I

6 GUESS, BEEF WITH ME THAT WOULD -- YOU KNOW, OR -- I

7 SHOULD BE CONCERNED ABOUT THAT’S GOING TO AFFECT MY

8 CLIENT’S CASE?

9 NO? THANKS.

10 WELL, LET’S SPEND A LITTLE MORE TIME WITH YOU.

11 YOU MENTIONED YOU’VE GOT A BACKGROUND IN RISK MANAGEMENT

12

13 : YES.

14 MR. ROWLEY: FOR THE CITY?

15 : FOR THE CITY OF SAN LUIS OBISPO,

16 YES.

17 MR. ROWLEY: DID YOU EVER -- NOW, CITY OF SAN

18 LUIS OBISPO IS A MIGHTY FINE CITY.

19 : YES, IT IS.

20 MR. ROWLEY: NOBODY WILL DISAGREE WITH THAT.

21 I’M PLEASED TO BE HERE. NOW, EVEN THOUGH IT’S A FINE,

22 FINE CITY, WERE THERE CASES THAT YOU LOOKED AT AND YOU

23 LOOKED AT THE CONDUCT OF, I GUESS, PEOPLE IN THE CITY

24 AND SAID, “THIS IS NEGLIGENCE. THERE’S LIABILITY HERE”?

25 : YES, WE DID HAVE THOSE. AND DURING

26 MY TENURE WITH THE CITY, IF THE CITY FELT THAT ONE OF

27 OUR EMPLOYEES DID SOMETHING THAT WAS -- YOU KNOW, THAT

28 WE WERE LIABLE FOR THE DAMAGE TO ANOTHER, WE WOULD

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe21 8f6


1 ATTEMPT TO SETTLE THE CLAIM. BUT IF WE DIDN’T, WE WOULD

2 VIGOROUSLY DEFEND IT.

3 MR. ROWLEY: NOW, YOU PROBABLY SAW, BEING

4 INVOLVED WITH THE CITY, WHERE THERE ARE PRIVATE

5 DEFENDANTS THAT MAY HAVE BEEN JOINED IN AT THE SAME

6 TIME, WHERE YOU’RE DEFENDING A CASE AND THEY’RE

7 CODEFENDANTS?

8 : OCCASIONALLY, YES.

9 MR. ROWLEY: AND DID YOU ALWAYS FIND THAT THE

10 CODEFENDANTS DID THE SAME THING, THAT THEY -- IF -- IF

11 THEY’D ADMIT TO THEIR WRONG, THEY’D TRY TO SETTLE A

12 CASE? WERE THEY AS GOOD ABOUT IT AS THE CITY WAS?

13 : I DON’T THINK -- WELL, I CAN’T

14 SPEAK FOR OTHER CITIES AND OTHER DEFENDANTS. I CAN ONLY

15 SPEAK FOR MY EXPERIENCE WITH THE CITY OF SAN LUIS

16 OBISPO.

17 MR. ROWLEY: IS THERE ANY PART OF’ YOU THAT

18 SAYS, “WELL, I’M SURE THAT THE HOSPITAL AND THE DOCTOR

19 LOOKED AT THIS CASE, AND THEY’RE VIGOROUSLY DEFENDING IT

20 BECAUSE THEY REALLY DIDN’T DO ANYTHING WRONG OR DON’T

21 BELIEVE THEY DID ANYTHING WRONG. JUST LIKE US, YOU

22 KNOW, THE CITY, YOU KNOW, THERE WERE TIMES THAT WE

23 DIDN’T DO ANYTHING WRONG, SO WE PUSHED; WE VIGOROUSLY

24 DEFENDED”? DO YOU THINK THAT’S MAYBE WHAT’S HAPPENING

25 HERE BECAUSE OF YOUR EXPERIENCE?

26 : I MEAN CERTAINLY THAT’S PART OF MY

27 EXPERIENCE. I WOULD HAVE A DEFENSE BIAS, IF YOU WILL,

28 BUT I THINK I CAN SET THAT ASIDE IN THIS -- IN THIS

805 544-3363b2d465O7~78ba~4396~98d6-a6C75fe2l8t6

McDaniel Reporting


1 PARTICULAR SITUATION. I SUPPOSE ONE OTHER BIAS I WOULD

2 IDENTIFY IS -- BECAUSE OF PREVIOUS QUESTIONS YOU’VE

3 ASKED ABOUT LOOKING AT THE MEDICAL RECORDS OR THE

4 TESTIMONY OF THE MEDICAL PROFESSIONALS VERSUS THE FAMILY

5 MEMBERS, AND IF I CAN GIVE YOU AN EXAMPLE FROM MY -- MY

6 WORLD, WE OFTEN -- WE WOULD HAVE POLICE OFFICERS WHO MAY

7 OR MAY NOT HAVE DONE SOMETHING THAT -- THAT DAMAGED

8 ANOTHER. IF I WERE TO BE IN A CRIMINAL CASE AND THERE

9 WAS A POLICE OFFICER TESTIFYING AND A CITIZEN

10 TESTIFYING, I WOULD BE MORE LIKELY TO BELIEVE THE POLICE

11 OFFICER BECAUSE I KNOW THEY HAVE THE BACKGROUND AND THE

12 TRAINING.

13 IN THIS PARTICULAR CASE, I THINK I WOULD HAVEA

14 BIAS TOWARD THE MEDICAL PROFESSIONALS BECAUSE I KNOW

15 THEY HAVE THAT TRAINING AS OPPOSED TO FAMILY MEMBERS.

16 NOW, AGAIN, I THINK I CAN PROBABLY SET THAT ASIDE, BUT I

17 BELIEVE THAT BIAS IS THERE.

18 MR. ROWLEY: OKAY. I -- I’M A LITTLE AFRAID OF

19 YOU. AND I JUST -- TO BE BRUTALLY HONEST WITH YOU, SO

20 I’M GOING TO ASK YOU SOME QUESTIONS TO REALLY TRY TO --

21 YOU KNOW --

22 : OKAY.

23 MR. ROWLEY: -- OPEN UP AND -- AND SEE WHERE WE

24 GO WITH IT.

25 IF IT CAME DOWN TO A QUESTION IN THIS CASE,

26 LET’S SAY -- AND THE REASON WHY I’M TAKING MY TIME IS

27 BECAUSE AT THIS POINT IN THE CASE, WE’RE NOT SUPPOSED TO

28 TELL YOU WHAT ANY FACTS ARE, BUT I’M GOING TO WHISPER



1 OVER TO MY OPPOSING COUNSEL AND I’M GOING TO ASK THEM IF

2 I CAN, REALLY QUICK, BEFORE I LET YOU KNOW WHAT IT IS

3 WE’RE GOING TO TALK ABOUT.

4 (DISCUSSION HELD OFF THE RECORD BETWEEN

5 COUNSEL.)

6 MR. ROWLEY: WE REACHED A PARTIAL AGREEMENT.

7 IF -- IF SOMETHING HAPPENED IN THE LABOR AND

8 DELIVERY ROOM THAT THE DOCTORS AND NURSES CLAIM THEY SAW

9 AND HEARD VERSUS THE FAMILY, WHO AREN’T MEDICAL

10 PROFESSIONALS, THAT THEY SAY THEY SAW AND HEARD OR

11 DIDN’T SEE AND HEAR, AND IT CAME DOWN TO THAT, A

12 QUESTION OF HUMAN SENSES, SEEING AND HEARING SOMETHING

13 GOING ON IN THE LABOR AND DELIVERY ROOM, AND DOCTORS AND

14 NURSES SAY, “THIS IS WHAT I SAW AND HEARD.” GRANDMA AND

15 DAD AND GRANDMA -- TWO GRANDMAS -- THREE GRANDMAS IN THE

16 ROOM, ACTUALLY. I’LL EXPLAIN HOW THERE ARE THREE

17 GRANDMAS LATER -- BUT THEY SAY, “HUH-UH, THAT DIDN’T

18 HAPPEN,” SO IT COMES DOWN TO THAT, YOU GOT TO WEIGH THE

19 EVIDENCE, WHAT’S MORE LIKELY TRUE THAN NOT, SHOULD I BE

20 AFRAID THAT YOU’RE GOING TO SAY, “WELL, THE DOCTORS AND

21 THE NURSES, IN THE MEDICAL RECORDS THEY WROTE, THEY SAY

22 THAT. THEN I AM LIKELY TO BELIEVE THEM,” JUST WITHOUT

23 HEARING ANYTHING ELSE, JUST BASED ON WHAT YOU’VE HEARD,

24 SHOULD I BE WORRIED THAT BIAS IS GOING TO TAKE YOU IN

25 FAVOR OF THE --

26 : I GUESS I WOULD SAY DEPENDING ON

27 THE OTHER EVIDENCE THAT IS PROVIDED THAT WE WOULD HAVE

28 TO REVIEW, BUT ALL OTHER THINGS BEING EQUAL, I WOULD

McDaniel Reporting 805 544-33~


1 HAVE -- I WOULD PROBABLY TAKE THE WORD OF THE MEDICAL

2 PROFESSIONALS.

3 MR. ROWLEY: OKAY. AND THAT’S THE BRUTAL

4 HONESTY THAT I REALLY APPRECIATE BECAUSE A LOT OF THIS

5 TRIAL MIGHT BOIL DOWN TO THAT. AND IF THAT IS SO, THEN

6 YOUR BRUTAL HONESTY IS -- IF IT BOILS DOWN TO STUFF THAT

7 SIMPLE, I SHOULD BE WORRIED THAT YOU’D LEAN IN FAVOR OF

8 THE DEFENSE.

9 YOU’RE NODDING YOUR HEAD YES.

10 : I’M NODDING YES.

11 THE COURT: WHY DON’T WE HOLD THAT THOUGHT

12 RIGHT THERE. FOLKS, WE’RE AT THE LUNCH HOUR.

13 , PLEASE REMAIN FOR A MINUTE.

14 LADIES AND GENTLEMEN, PLEASE REMEMBER THE

15 ADMONITION, NO E-MAILS, NO COMMUNICATIONS, NO TALKING

16 ABOUT THE CASE, BE BACK AT 1:30 AND WE’LL MOVE FORWARD

17 WITH JURY SELECTION.

18 (THE PROSPECTIVE JURORS EXITED THE COURTROOM AT

19 12:00 P.M.)

20 * * *

21 THE COURT: ALL RIGHT. WELCOME BACK AND THANK

22 YOU, LADIES AND GENTLEMEN, FOR KEEPING THE

23 STAY-ON-THE-CLOCK-AND-ON-TIME.

24 MR. ROWLEY, YOU MAY CONTINUE.

25

26 VOIR DIRE (RESUMED)

27 MR. ROWLEY: ?

28 : .

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6G75fe21 8f6


1 MR. ROWLEY: ? AND MS. --

2 : .

3 MR. ROWLEY: ?

4 ~‘ : . THINK AND

5 YOU’RE HALFWAY THERE.

6 MR. ROWLEY: I SEE. HOW ARE YOU?

7 : GOOD.

8 MR. ROWLEY: SO WHAT ARE YOUR THOUGHTS?

9 YOU’VE GOT A SON WHO IS BECOMING A PARAMEDIC OR JUST

10 BECAME A PARAMEDIC?

11 : ACTUALLY, I HAVE TWO. MY MIDDLE

12 SON WORKS FOR THE CITY OF ATASCADERO AS AN ENGINEER AND

13 A PARAMEDIC, AND THEN MY YOUNGEST SON IS A SEASONAL FOR

14 THE CITY OF ATASCADERO, AND HE’S CURRENTLY -- HE’S

15 FINISHED CAL POLY AND IS NOW DOING HIS PARAMEDIC

16 TRAINING AT TWIN CITIES.

17 MR. ROWLEY: I CAN IMAGINE HOW PROUD YOU MUST

18 BE.

19 : OH, YES. ANY MOTHER WOULD BE.

20 MR. ROWLEY: AND HOW DOES THAT -- HOW WOULD

21 THAT COME INTO PLAY, IF AT ALL, YOU KNOW, BEING A JUDGE

22 -- BEING A JUDGE OF, YOU KNOW, MEDICAL CARE, PEOPLE THAT

23 WE’RE GOING TO HEAR DAY IN AND DAY OUT, THEY DID THEIR

24 BEST, THEY DID THEIR BEST, THEY DID THEIR BEST? AND

25 PULLS THE HEART STRINGS.

26 : UH-HUH.

27 MR. ROWLEY: YOU KNOW, WE’VE TALKED A LOT OF

28 ABOUT SYMPATHY, AND IT PULLS THE HEART STRINGS, SAYING,

805 544-3363b2d46507-78ba-4396-98d6-a6C75fe21 8f6

McDaniel Reporting


1 “HERE’S OUR PEOPLE IN THEIR MEDICAL UNIFORMS DOING THEIR

2 BEST, DOING THEIR BEST, DOING THEIR BEST, AND THIS IS

3 JUST, YOU KNOW, A BAD THING THAT HAPPENED.” AND WE WANT

4 ~O -- YOU KNOW -- WE CARE ABOUT OUR MEDICAL

5 PROFESSIONALS. THEY CARE ABOUT US. HOW DOES THAT --

6 HOW DO WE DEAL WITH THAT?

7 : I DON’T KNOW. I THINK THAT WE HAVE

8 TO HAVE FAITH IN OUR MEDICAL PROFESSIONALS OR THAT OUR

9 EMS SERVICES ARE DOING THE BEST THAT THEY CAN, BUT I

10 THINK YOU ALSO HAVE THE FACTS AND THE EVIDENCE AND MAKE

11 A DECISION BASED ON THAT.

12 MR. ROWLEY: CAN I BE SAFE TO, YOU KNOW, SLEEP

13 WELL AT NIGHT AND HAVE MY CLIENTS SLEEP WELL AT NIGHT

14 KNOWING THAT YOU’RE NOT TRYING TO GO OUT OF YOUR WAY

15 EVEN A LITTLE BIT TO SIDE WITH THE HOSPITAL OR THE

16 DOCTOR, OR SHOULD WE BE A LITTLE CONCERNED ABOUT THAT?

17 : I THINK I CAN SEPARATE THE TWO. I

18 THINK THAT I COULD. I MEAN I ADMIT, I HAVE CHILDREN

19 THAT ARE THEIR AGES, AND WE HAVE FIVE GRANDSONS, TWO

20 JUST BORN THIS LAST YEAR, AND I WAS THERE. SO IT’S --

21 IT DOES AFFECT ME EMOTIONALLY. BUT I THINK, LIKE I

22 SAID, I THINK WE HAVE TO LOOK AT THE EVIDENCE AND THE

23 INSTRUCTION AND SEPARATE THE TWO AND GO WITH WHAT IS

24 RIGHT AND LEGALLY RIGHT.

25 MR. ROWLEY: THANK YOU. AND YOU WON’T GIVE MY

26 CLIENTS A VERDICT JUST BECAUSE YOU FEEL BAD FOR THEM?

27 THAT WOULDN’T BE RIGHT.

28 : I DON’T THINK 50.

McDaniel Reporting 805 5443363b2d465O7~78ba~4396_98d6-a6C75fe218f6


1 MR. ROWLEY: YOU KNOW THAT’S NOT SOMETHING WE

2 WOULD ASK ANYBODY TO DO. WE’RE HOPING IF YOU GIVE US A

3 VERDICT IT’S BECAUSE WE’VE PROVEN OUR CASE.

4 : I WOULD HOPE, YES.


6 AND ?

7 : .

8 MR. ROWLEY: . I’M SO SORRY.

9 : THAT’S OKAY.

10 MR. ROWLEY: WHERE ARE YOU AT WITH ALL OF THIS?

11 : I WOULD LIKE TO BELIEVE -- I

12 THINK I CAN BE FAIR AND SEPARATE THE EMOTIONAL IMPACT OF

13 THE CASE LIKE THIS, WHICH IS GOING TO AFFECT SO MANY

14 PEOPLE, BUT I THINK I COULD BE A FAIR JUROR.

15 MR. ROWLEY: IS THERE ANY PART OF YOU THAT JUST

16 SAYS, “WELL, THE MEDICAL PROFESSIONALS DO THEIR BEST,

17 AND HERE’S A LAWYER SECOND-GUESSING HIM, AND I REALLY

18 DON’T LIKE THE IDEA OF A CASE LIKE THIS”?

19 : NO.

20 MR. ROWLEY: NOT EVEN A LITTLE?

21 : NO, I THINK, YOU KNOW, IT’S THE

22 FAMILY’S RIGHT TO MAKE A CLAIM, AND IT’S OUR JOB TO MAKE

23 THAT DECISION BASED ON WHAT WE LEARN.

24 MR. ROWLEY: THANK YOU VERY MUCH.

25 WHERE WOULD YOU BE IN THAT PERFECT DAY?

26 : WELL, I LIVE IN CAMBRIA, SO I’D

27 BE ON THE BEACH RIGHT NOW.

28 MR. ROWLEY: LOT OF FOXES UP THERE.

McDaniel Reporting 805 544-3363b2d465O7~78ba-4396-98d6-a6C75fe218f6


1 : I HAVE HAD FOXES IN OUR

2 NEIGHBORHOOD, BUT I HAVEN’T SEEN THEM FOR THE LAST FEW

3 YEARS, SO I WOULDN’T WORRY ABOUT THOSE OR THE MOUNTAIN

4 LIONS.

5 MR. ROWLEY: OKAY. WELL, THANK YOU.

6 THE LAST THING I WANT TO ASK, IS THERE -- IS

7 THERE ANYONE WHO HAS -- AND I -- ?

8 : .

9 MR. ROWLEY: YOU’D MENTIONED THAT YOUR

10 SIGNIFICANT OTHER IS ALSO A NURSE?

11 : THAT’S CORRECT.

12 MR. ROWLEY: WHAT TYPE OF NURSE?

13 : HE’S ALSO A CRITICAL CARE NURSE

14 AND HE WORKS IN THE CARDIAC CATH LAB.

15 MR. ROWLEY: IS THERE ANY RELATION TO -- IS IT

16 ?

17 : NO, NO RELATION.

18 MR. ROWLEY: DO YOU KNOW WHO THAT IS?

19 : I’VE HEARD THE NAME BEFORE.

20 MR. ROWLEY: SO IS JUS.T -- A LOT OF

21 AROUND MAYBE?

22 : THERE ARE SOME IN THIS AREA. MY

23 MOTHER WAS A . SHE PASSED AWAY A YEAR-AND-A--HALF

24 AGO. THERE ARE A COUPLE ASSOCIATED WITH THE

25 FAMILY, BUT I’M OF NO RELATION.

26 MR. ROWLEY: ANYONE WHO HAS -- ANY RELATIVES

27 THAT WE HAVEN’T TALKED ABOUT IN THE HEALTHCARE FIELD?

28 (THE PROSPECTIVE JURORS INDICATED IN THE

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6c75fe218f6


1 NEGATIVE.)

2 MR. ROWLEY: WHAT TYPE OF DEFENSE LAWYER ROOMS

3 IN YOUR HOME?

4 : CRIMINAL DEFENSE LAWYER.

5 MR. ROWLEY: CRIMINAL DEFENSE LAWYER?

6 : UH-HUH.

7 MR. ROWLEY: IF IT WAS TWO MEDICAL

8 PROFESSIONALS AND A MEDICAL MALPRACTICE DEFENSE LAWYER

9 -- I JUST WANTED TO MAKE SURE.

10 AND AT THE END OF THE DAY, I DON’T HAVE ANY

11 CAUSE TO BE EVEN A LITTLE CONCERNED?

12 : I DON’T BELIEVE SO.

13 MR. ROWLEY: ALL RIGHT. THANK YOU VERY MUCH.

14 THANK YOU VERY MUCH.

15 THE COURT: THANKS, MR. ROWLEY.

16 MR. BERTLING?

17 * * *

18 THE COURT: OKAY. FOLKS, WE’LL COME BACK TO

19 ORDER. SO AND , WE’RE GOING TO

20 THANK AND EXCUSE YOU AT THIS TIME. YOU CAN REPORT BACK

21 TO JURY SERVICES, AND I APPRECIATE YOUR COMMENTS. IN

22 FACT, THE WHOLE PROCESS HAS SO FAR BEEN VERY HOPEFUL FOR

23 ME AS A JUDGE AS I LISTEN TO EVERYBODY FREELY TALKING

24 HERE. IT MAKES THE PROCESS MEANINGFUL AND IMPORTANT.

25 50 I THINK THERE WILL BE OTHER CASES RATHER THAN THIS

26 ONE FOR THE TWO OF YOU, BUT YOU’RE DONE FOR THE YEAR,

27 AND WITH OUR THANKS, YOU CAN GO BACK TO JURY SERVICES.

28 OKAY?

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe2lBf6


1 AND WITH THAT SAID,, FOLKS, WE GO BACK TO

2 PEREMPTORY CHALLENGES, AND THE CHALLENGE RIGHT NOW LIES

3 ON THE PLAINTIFF.

4 50, MR. ROWLEY, IT’S UP TO YOU.

5 MR. ROWLEY: WE WOULD LIKE TO THANK AND EXCUSE

6 .

7 THANK YOU.

8 THE COURT: , THANK YOU VERY MUCH.

9 YOU’LL BE EXCUSED.

10 ( EXITED THE COURTROOM.)

11 THE COURT: AND, MR. ROWLEY, THE CHALLENGE

12 STILL LIES WITH YOU.

13 MR. ROWLEY: THANK AND EXCUSE JUROR NO. 17,

14 , YOUR HONOR.

15 THE COURT: OKAY. ALL RIGHT. THANKS VERY

16 MUCH.

17 : THANK YOU.


19 THE COURT: AND SO, LADIES AND GENTLEMEN, WHAT

20 THAT MEANS IS WE DO HAVE A JURY, AND WE ARE GOING TO --

21 BUT WE’RE NOT DONE WITH THE PROCESS. SO , IF

22 YOU MOVE UP NEXT TO . AND THEN

23 AND , STICK AROUND. STICK AROUND. WE HAVE

24 ALTERNATES YET TO CHOOSE.

25 : OH.

26 THE COURT: SO FOLKS, YOU’RE OUR PROSPECTIVE

27 JURY, AND THERE’S BEEN THOROUGH DISCUSSION. I THINK

28 YOU’VE ANSWERED VERY CANDIDLY YOUR QUESTIONS, AND IN A

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe2l8f6


1 MINUTE, I’M GOING TO HAVE YOU SWORN.

2 * * *

3 THE COURT: ALL RIGHT. HERE WE ARE AGAIN. IT

4 LOOKS LIKE WE HAVE OUR PROSPECTIVE ALTERNATES, AND

5 HOPEFULLY ALL THE JURORS, PROSPECTIVE JURORS.

6 MR. ROWLEY, GO AHEAD.

7

8 VOIR DIRE

9

10 MR. ROWLEY: OKAY. WELL, NOW THERE’S KIND OF

11 BEEN A SWITCH. YOU ALL GO BACK THERE, AND NOW YOU’RE UP

12 HERE. ARE YOU HANGING THROUGH THE PROCESS OKAY? I KNOW

13 IT’S LONG, BUT WE ALL APPRECIATE IT.

14 I NOTICED WHEN YOU GOT UP IN THE BACK, YOU WERE

15 LIKE (INDICATING). WHAT WERE YOU THINKING? WHAT’S

16 GOING ON?

17 : I WISH I HADN’T HAD SUCH A HEAVY

18 LUNCH.

19 MR. ROWLEY: HOW ABOUT BEING A JUROR ON THIS

20 CASE?

21 : I DON’T HAVE MUCH SYMPATHY FOR

22 EITHER SIDE, BUT I THINK BE HONEST AND REVIEW IT ON THE

23 FACTS, NOT ON THE EMOTIONAL ASPECT OF IT.

24 MR. ROWLEY: ALL RIGHT. CAN YOU GIVE BOTH

25 SIDES A FAIR SHAKE?

26 : ABSOLUTELY.


28 : YEAH, THERE’S -- AS LONG AS THE

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe21 816


1 FACTS ARE THERE, YOU KNOW, AND BOTH SIDES GET THE CHANCE

2 TO HAVE THEIR SAY, I CAN GO FROM THERE AND DECIDE, YOU

3 KNOW, IF THERE WAS JUST ENOUGH OF THE EVIDENCE THERE. I

4 CAN GO THAT WAY, OR IF NOT, THEN I CAN GIVE BOTH SIDES

5 THEIR EQUAL OPPORTUNITY TO PROVE TO ME THEIR CASE.

6 MR. ROWLEY: THANK YOU. YOU’RE A DAD?

7 : YES.

8 MR. ROWLEY: HOW OLD IS YOUR SON?

9 : HE’S THREE.

10 MR. ROWLEY: 3 YEARS. WERE YOU ABLE TO -- I

11 MEAN DID YOU GO THROUGH -- I DON’T KNOW IF IT’S OKAY TO

12 TALK ABOUT IT, AND IT’S UNCOMFORTABLE FOR ME, TOO, BUT

13 WAS IT A CESAREAN OR VAGINAL BIRTH?

14 : VAGINAL.

15 MR. ROWLEY: ANY INDUCTION?~

16 : NO.

17 MR. ROWLEY: JUST EVERYTHING --

18 : YES.

19 MR. ROWLEY: -- WORKED OUT?

20 THANK YOU.

21 : HE WAS ACTUALLY BORN IN A NAVAL

22 HOSPITAL.

23 MR. ROWLEY: YOU WERE SERVING AT THE TIME?

24 : I WAS IN THE MARINE CORPS AND HIS

25 MOTHER WAS IN THE NAVY.

26 MR. ROWLEY: THANK YOU FOR YOUR SERVICE, BOTH

27 OF YOU. THANK YOU VERY MUCH.

28 (INDICATING.)


REPORTE~ PARTIAL TRANSCRIPT OF PROCEEDINGS March 9, 2012

1 : I’M VERY ANALYTICAL, SO IT WOULD

2 DEPEND ON GETTING ALL THE FACTS AND INFORMATION FROM

3 YOU, AND THEN IT’S LAID OUT. THAT’S HOW I’D MAKE MY

4 DECISION. I’M JUST THAT WAY.

5 MR. ROWLEY: WELL, BEING ANALYTICAL, THAT’S

6 WHAT WE ALL WANT. THAT’S WHAT WE WANT, SOMEONE WHO’S

7 ANALYTICAL. WILL YOU BE WILLING TO ANALYZE -- I’M IN

8 THAT ECHO SPOT AGAIN, LIKE DARTH VADOR OR SOMETHING.

9 IF YOU’RE LOOKING AT MEDICAL RECORDS, MATCHING

10 THEM UP, LOOKING AT WHAT’S THERE AND LOOKING AT WHAT’S

11 THERE AND LOOKING AT THE EVIDENCE AND LOOKING AT

12 EVERYTHING, WILL YOU ANALYZE EVERYTHING AND NOT JUST

13 TAKE SOMETHING AS BEING UNTRUE JUST BECAUSE IT’S WRITTEN

14 DOWN IN THE RECORD? WILL YOU LOOK AT ALL THE FACTS AND

15 USE YOUR COMMON SENSE?

16 : YES. I’VE BEEN THINKING ABOUT

17 THIS, AND I LOOK AT THIS AS YOU’RE GOING TO GIVE ME THE

18 INFORMATION. IT’S KIND OF LIKE A JIGSAW PUZZLE. I NEED

19 ALL OF THE PIECES IN ORDER TO GET A WHOLE PICTURE. IF

20 SOMEBODY LEAVES SOMETHING OUT, THEN I WON’T GET IT.

21 THERE MIGHT BE EXTRA PIECES. HOPEFULLY THERE’S NO

22 HOLES. YOU KNOW, JUST KIND OF CUT AND LIKE THAT.


24 HOW ABOUT THAT? IF SOMEBODY LEAVES SOMETHING

25 OUT AND YOU MAY NOT GET IT? DOES THAT, I GUESS,

26 RESONATE WITH EVERYBODY? IF WE WERE -- YOU KNOW, I MEAN

27 IT’S OUR JOB TO GIVE ALL THE INFORMATION SQ YOU CAN SEE

28 WHAT HAPPENED AND SEE WHAT’S GOING ON, BUT IF WE LEAVE

McDaniel Reporting 805 544-3363b2d465O7~78ba-4396-98d6-a6C75fe2l 8f6

ENGLISH?

I’M AMERICAN, BUT FROM ENGLAND, 32

SOMETHING OUT, THEN YOU MAY NOT GET THE WHOLE STORY.

YOU’D EXPECT US TO GIVE YOU EVERYTHING AND NOT LEAVE

ANYTHING OUT.

EVERYONE, RAISE YOUR HANDS IF YOU AGREE WITH

(PROSPECTIVE JURORS INDICATED WITH RAISED

HANDS.)

MR. ROWLEY: COMMON SENSE. OKAY. WE’LL DO OUR

BEST TO GIVE YOU EVERYTHING AND NOT LEAVE EVERYTHING

AND, SIR, AUSTRALIAN? NEW ZEALAND?

REPORTER’S PAR~AL TRANSCRIPT OF PROCEEDINGS March 9, 2012

1

2

3

4

5 THAT

6

7

8

9

10 OUT.

11 THANK YOU VERY MUCH.

12

13 : ENGLISH.

14 MR. ROWLEY:

15 :

16 YEARS.

17 MR. ROWLEY:

18 AUSTRALIAN?

19 :

20 MR. ROWLEY:

21 :

22 MR. ROWLEY:

23 ALL THIS?

24 :

25 IMPARTIAL. IN FACT,

26 PLAY ANY PART IN IT.

27 MR. ROWLEY:

28 MAYBE PICK ON YOU A LITTLE BIT?

I DIDN’T JUST INSULT YOU BY SAYING

NO, NO, NO.

SOME PEOPLE SAY SOUTH AFRICAN --

NO. NO.

NO. OKAY. WHERE ARE YOU AT WITH

I HAVE NO PROBLEM. I WILL BE

I FAIL TO SEE HOW ANY EMOTION CAN

CAN I HAVE YOUR PERMISSION TO

805 544-3363~McDaniel Reporting


1 : ABSOLUTELY. YOU WON’T BE THE

2 FIRST.

3 MR. ROWLEY: IN ENGLAND, DO THE JURORS HAVE THE

4 WIGS?

5 : THEY USED TO. IT’S NOW I THINK UP

6 -- UP TO THE COUNSEL, THE CITIZENS.

7 MR. ROWLEY: WOULD YOU PREFER ONE?

8 : NO. I DON’T THINK IT WOULD SUIT

9 ME.

10 MR. ROWLEY: BUT BEING A JUROR ON THE CASE,

11 BEING A FATHER, AND ALSO BEING SOMEONE WHO IS A MEDICAL

12 PATIENT, CAN YOU LOOK AT THIS, LOOK AT THE FACTS, YOU

13 KNOW, THAT WE ALL GIVE YOU, AND IF WE DON’T LEAVE

14 ANYTHING OUT, MAKE YOUR DECISION BASED ON, I GUESS,

15 EVERYTHING, YOU KNOW, THE FACTS, YOUR GUT, YOUR

16 HUMANITY, YOUR COMMON SENSE, THE EVIDENCE, ALL OF IT,

17 AND DO, AS WE HEARD FROM YOUR NEIGHBOR THERE, ANALYZE IT

18 ALL, WAIT ‘TIL THE END TO SEE IT ALL?

19 : WITHOUT A DOUBT, EXCEPT THE

20 HUMANITY, I DON’T SEE WHERE THAT FITS IN. IT’S PURELY,

21 IS IT NOT, MAYBE I’M MISUNDERSTANDING, PURELY WHETHER

22 THE MEDICAL PROFESSIONALS MET THE STANDARDS EXPECTED OF

23 THEM? AND I DON’T SEE HOW HUMANITY COMES INTO IT.

24 MR. ROWLEY: I APPRECIATE THAT. SEE, THE LAW

25 SAYS YOU SET SYMPATHY ASIDE, BUT THE REASON WHY WE DON’T

26 HAVE ROBOTS OR A COMPUTER DECIDING IS BECAUSE WE NEED

27 HUMANITY TO KNOW WHAT’S RIGHT AND WHAT’S WRONG. IF YOU

28 LOOK AT SOMETHING AND YOU MAKE A DECISION, IS THIS TRUE,

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396-98d6-a6C75fe2l8f6


1 IS THIS NOT TRUE, YOU USE EVERYTHING THAT’S HUMAN. IF

2 YOU HAVE OVERRIDING SYMPATHY, THEN YOU’VE GOT TO PUSH

3 THAT ASIDE AND SAY, WHOA, BUT I WANT TO MAKE SURE THAT

4 IT’S NOT -- THE DECISION HERE FOR EITHER SIDE ISN’T HARD

5 AND COLD. WE NEED 12 HUMAN BEINGS THAT CARE ABOUT

6 JUSTICE, THAT CARE ABOUT EVERYTHING INVOLVED, THAT ARE

7 GOING TO LOOK AT IT, TAKE THEIR TIME. WE NEED HUMANITY

8 THERE, BUT NOT SYMPATHY.

9 : I DON’T SEE WHERE IT PLAYS IN. I

10 TOTALLY BELIEVE IN JUSTICE. BUT IF YOUR REQUIREMENT IS

11 TO SEE WHETHER THE PROFESSIONALS PROVIDED THE PROPER

12 CARE OR MET THE STANDARDS EXPECTED OF THEM, THEN THAT

13 SHOULD BE FAIRLY EASY TO ME BECAUSE YOU PROVIDE THE

14 STANDARDS, PRESUMABLY. WE JUST HAVE TO COMPARE THE

15 DATA.

16 MR. ROWLEY: I THINK YOU’RE RIGHT. I THINK IT

17 WILL BE. I THINK WE’RE SPEAKING THE SAME -- SO THANK

18 YOU.

19 WHAT ARE YOUR THOUGHTS?

20 : STARTS OUT AS A BLANK SHEET AND

21 IT GOES FROM THERE.

22 MR. ROWLEY: THANK YOU. AND RIGHT NOW WE’RE

23 ALL STARTING OUT.

24 : RIGHT.

25 MS. ROWLEY: THANK YOU. AND YOU’LL GIVE ME A

26 CHANCE TO PROVE MY CASE AND NOT -- I DON’T -- I BELIEVE

27 IN A FAIR FIGHT. I DON’T WANT ANYONE HERE TO GIVE ME A

28 HEAD START, GOING, “ALL RIGHT, I FEEL SORRY FOR THE



1 FAMILY, I FEEL SORRY FOR THIS KID, THIS LAWYER WHO KEEPS

2 TALKING IN THE” -- I WANT TO MAKE SURE THE FIGHT’S FAIR.

3 OTHERWISE IT’S -- IT’S NOT RIGHT. SO I WANT TO MAKE

4 SURE EVERYONE HERE ISN’T GOING TO GIVE ME AN EDGE

5 STARTING OUT OR THE DEFENSE AN EDGE STARTING OUT.

6 IS THAT SOMETHING EVERYONE CAN DO?

7 (THE PROSPECTIVE JURORS INDICATED IN THE

8 AFFIRMATIVE.)

9 MR. ROWLEY: HOW ABOUT THAT, WORKING IN -- IN

10 CLAIMS FOR YEARS?

11 : YES, SIR.

12 MR. ROWLEY: AND HOW DOES THAT COME INTO PLAY

13 AT ALL, IF AT ALL?

14 : WELL, I HAVE HAD TO LOOK AT

15 EVIDENCE AND MAKE DECISIONS ON LIABILITY AND DAMAGES FOR

16 28 YEARS. SO I BELIEVE I’M FAIR AND IMPARTIAL, AND I

17 BELIEVE I CAN BE THAT WAY IN THIS CASE AS WELL.

18 MR. ROWLEY: BEING ON THE -- DOING -- DEALING

19 WITH INJURY CLAIMS?

20 : YES.

21 MR. ROWLEY: DID YOU DEAL WITH BRAIN INJURY

22 CLAIMS, ALL KINDS OF JURY CLAIMS?

23 : I DON’T THINK I’VE EVER HAD A

24 BRAIN INJURY CLAIM. MOST OF THE SEVERE CLAIMS WENT TO

25 ANOTHER DEPARTMENT. MOST OF MINE WERE SOFT TISSUE.

26 MR. ROWLEY: OKAY. SO WORKING FOR AN INSURANCE

27 COMPANY, EVALUATING PEOPLE’S CLAIMS, AND MAKING A

28 DECISION WHETHER THERE’S LIABILITY, AND IF SO, YOU KNOW,

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396~98d6-a6C75fe2l 8f6


1 HOW MUCH IS THE -- HOW MUCH SHOULD BE PAID TO SETTLE, IS

2 THAT WHAT YOU --

3 : YES.

4 MR. ROWLEY: -- HAD DONE FOR --

5 : YES.

6 MR. ROWLEY: AND DID YOU RETIRE DOING THAT?

7 : YES, I DID.

8 MR. ROWLEY: SO YOU PROBABLY WENT BACK AND

9 FORTH A LOT?

10 : OF COURSE.

11 MR. ROWLEY: AND IS THAT -- IS THERE ANY LITTLE

12 PART OF YOU HERE -- AND I HOPE I’M NOT OFFENDING YOU BY

13 ASKING -- SAYING, “YOU KNOW WHAT? I’M A DEFENSE CLAIMS

14 REPRESENTATIVE. I DID IT FOR ALL THESE YEARS, AND I’M

15 COMING IN WITH A DEFENSE CLAIMS REPRESENTATIVE’S STATE

16 OF MIND”?

17 : NO, SIR.

18 MR. ROWLEY: BECAUSE THERE ARE SOME CLAIMS

19 REPRESENTATIVES THAT ARE GREAT TO DEAL WITH, I SUPPOSE

20 SOME PEOPLE MIGHT SAY, AND THERE MAY BE SOME THAT

21 AREN’T. THERE MAY BE SOME PEOPLE ON THE OTHER END THAT

22 MAY BE HARD TO DEAL WITH AND SOME THAT AREN’T. IS THAT

23 FAIR?

24 : THAT’S FAIR. BUT I DON’T -- I

25 DON’T THINK I WOULD BE FOR THE DEFENSE OR PRO-PLAINTIFF

26 IN THIS CASE.


28 : UH-HUH.

McDaniel Reporting 805 544-3363b2d465O7~78ba~4396~98d6-a6C75fe2l 8f6



2 WHAT ARE YOUR THOUGHTS, SIR?

3 : I KNOW YOU’RE GOING TO HAVE A

4 LOT OF -- OF PEOPLE IN TO GIVE THEIR OPINIONS. HOWEVER,

5 I’D LIKE TO SEE THE ORIGINAL CHARTS, FOR SURE.

6 MR. ROWLEY: WHY WOULD YOU LIKE TO SEE THE

7 ORIGINAL CHARTS?

8 : BECAUSE IT COULD TELL US

9 SOMETHING.

10 MR. ROWLEY: SAY MORE, PLEASE.

11 : WHAT’S THAT?

12 MR. ROWLEY: COULD YOU SAY MORE?

13 : WELL, THAT WILL GIVE THE --

14 WE COULD SEE HOW COMPLETE THEY WERE, AND IF THEY WEREN’T

15 COMPLETE, WHY NOT, AND SO FORTH. I MEAN IT WOULD BE

16 VERY IMPORTANT, I THINK.

17 MR. ROWLEY: THANK YOU VERY MUCH. THANK YOU.

18 IF YOU HAD THAT PERFECT DAY IN THE WORLD, WHERE

19 WOULD YOU BE, AND WHO WOULD YOU BE WITH?

20 : WITH THE MOST BEAUTIFUL GIRL

21 IN THE WORLD ON A LITTLE ISLAND, I GUESS.

22 MR. BERTLING: THAT’S BRUTAL HONESTY.

23 MR. HIEATT: I SECOND THAT.

24 MR. ROWLEY: THANK YOU. THANK YOU.

25 LET’S SEE. I GUESS WE’RE RIGHT HERE. I JUST

26 HAVE A FEW MORE PEOPLE, AND I’M GOING TO TRY TO GO

27 QUICK.

28 WHAT ARE YOUR THOUGHTS ABOUT BEING A JUROR ON

McDaniel Reporting 805 544-3363b2d46507-78ba-4396-98d6-a6C75fe218f6


1 THE CASE? ANDREW WAS A STUDENT AT YOUR SCHOOL?

2 : YEAH, HE WAS A STUDENT AT MY

3 SCHOOL, PROBABLY -- I HATE TO DATE MYSELF -- 20-PLUS

4 YEARS AGO. AND I SAW HIM -- I GUESS HE MAY HAVE

5 RECOGNIZED ME AT THE GYM ABOUT MAYBE TWO YEARS AGO. HE

6 USED TO BELONG TO THE SAME GYM FOR ~VER TWO YEARS. BUT,

7 YEAH, THAT’S THE SECOND TIME I SAW HIM. BUT I SEE MANY

8 OF MY STUDENTS ALL OVER THE PLACE.

9 MR. ROWLEY: YOU’LL GIVE US A FAIR FIGHT?

10 YOU’RE NOT GOING TO GIVE US AN EDGE OR A -- YOU KNOW,

11 TIE THE DEFENSE’S HANDS BEHIND THEIR BACKS, AND MAKE US

12 PROVE OUR CASE?

13 : THAT’S MY JOB AS A TEACHER, IS

14 BEING FAIR AND STARTING FRESH WHEN YOU GET A GROUP OF

15 STUDENTS. I DON’T KNOW IF YOU’VE EVER BEEN ON YARD DUTY

16 BEFORE. THERE’S THINGS THAT COME UP, AND YOU HAVE TO

17 SEE ALL THE EVIDENCE. AND I’VE BEEN PRINCIPAL IN CHARGE

18 MANY TIMES, SO I KNOW WHAT THAT LOOKS LIKE, TO SEE

19 EVERYTHING BEFORE YOU MAKE A DECISION. AND TO ME RIGHT

20 NOW, NOTHING HAS REALLY STARTED. I HAVEN’T REALLY HEARD

21 ANYTHING EXCEPT JUST TALKING TO THE JURORS.


23 (INDICATING.)

24 : I CAN BE OBJECTIVE. I JUST WANT

25 THE FACTS.

26 MR. ROWLEY: JUST THE FACTS?

27 : RIGHT, BOTH SIDES.

28 I HAVE A QUESTION.

McDaniel Reporting 805 544-3363b2d465O7~78ba-4396-98d6-a6C75fe2l 8f6


1 MR. ROWLEY: YES?

2 : IF WE HAVE A QUESTION, CAN WE ASK

3 IT? CAN WE WRITE IT DOWN AND ASK THE LAWYERS TO FIND

4 THAT INFORMATION OUT FOR US?

5 THE COURT: LET ME ANSWER THAT ONE BECAUSE THE

6 ANSWER IS YOU CAN -- I’LL GIVE YOU INSTRUCTIONS, IF

7 YOU’RE CHOSEN AS A JUROR, IN SOME DETAIL, BUT THE ANSWER

8 IS YOU GET TO WRITE IT DOWN. IT’S HANDED IN, AND I LOOK

9 AT IT AND GIVE TO THE ATTORNEYS. I MAKE SURE IT’S A

10 QUESTION THAT IS APPROPRIATE. IN OTHER WORDS, I’LL DO

11 SOME SCREENING OF’ THE QUESTIONS TO MAKE SURE THEY’RE

12 ASKING FOR STUFF THAT’S ADMISSIBLE. SO NOT EVERY SINGLE

13 QUESTION GETS ANSWERED, BUT FREQUENTLY THEY DO GET

14 ANSWERED. AND SO YOU DO GET TO PARTICIPATE AS MUCH AS

15 YOU WANT TO THAT WAY.

16 GO AHEAD.

17 MR. ROWLEY: OKAY. ANYTHING ELSE?

18 : NO, SIR.

19 MR. ROWLEY: WHERE WOULD YOU BE ON THAT PERFECT

20 DAY?

21 : PERFECT DAY? PROBABLY ON A

22 CRUISE SHIP.

23 MR. ROWLEY: WHO WOULD BE THERE WITH YOU?

24 : MY HUSBAND.

25 MR. ROWLEY: CHILDREN?

26 : YES, TWO ADULTS, GROWN.

27 MR. ROWLEY: BOYS, GIRLS?

28 : TWO BOYS.

McDaniel Reporling 805 544-3363b2d46507-78ba-4396-98d6-a6C75fe21 8f6


1 MR. ROWLEY: GRANDCHILDREN?

2 : YES, FOUR.

3 MR. ROWLEY: WHERE DO THEY ALL LIVE AND WHAT DO

4 THEY DO?

5 : LET’S SEE. ONE GOES TO SCHOOL.

6 ONE WORKS IN THE INSURANCE COMPANY. I DON’T WANT TO GO

7 ANY FARTHER, JUST TO TELL YOU THE TRUTH.

8 MR. ROWLEY: IS THERE ANY REASON WHY I SHOULD

9 HAVE ANY CONCERN HAVING YOU --

10 : ONE’S IN JAIL. I JUST DIDN’T

11 WANT THE WORLD TO KNOW ABOUT IT.

12 MR. ROWLEY: YOU KNOW, I’M SORRY. THAT’S AN

13 EMBARRASSING THING TO HAVE TO SAY IN PUBLIC. AND I’M --

14 BUT I DON’T THINK THAT ANYONE FEELS --

15 : IT’S JUST EMBARRASSING TO SAY IT.

16 MR. ROWLEY: AND IT HURTS TO SAY IT?

17 : RIGHT.

18 MR. ROWLEY: I’M SORRY. I’M SORRY.

19 DO WE HAVE ANY -- YOUR HONOR, PLEASE.

20 I’M SORRY.

21 : THANK YOU.

22 MR. ROWLEY: WELL, YOU KNOW, CAN WE TALK ABOUT

23 SOMETHING ELSE FOR A MINUTE?

24 : YEAH.

25 MR. ROWLEY: OKAY. WHERE WOULD THAT CRUISE

26 SHIP TAKE YOU?

27 : PROBABLY TO HAWAII. IT TAKES A

28 WHILE TO GET THERE.

McDaniel Reporting 805 544-3363

b2d46507-78ba-4396-98d6-a6c75fe21 8f6


1 MR. ROWLEY: NOW, I’VE NEVER BEEN ON A CRUISE

2 SHIP, BUT I HEAR THE FOOD IS JUST SOMETHING --

3 : OH, YEAH, YOU GET FAT.

4 THE COURT: I’M SORRY. HOLD ON. MR. HIEATT?

5 MR. HIEATT: JUST WANT TO MAKE SURE YOU’RE

6 PAYING ATTENTION, YOUR HONOR.

7 THE COURT: WELL, I MISSED THAT. DO YOU WANT

8 TO APPROACH?

9 MR. ROWLEY: I JUST ASKED ABOUT FOOD.

10 THE COURT: I DON’T WANT YOU TO HAVE TO REPEAT

11 IT.

12 GO AHEAD.

13 MR. ROWLEY: OKAY.

14 I’M GOING TO -- SIR, WHAT ARE YOUR THOUGHTS

15 ABOUT BEING A JUROR ON THE CASE AND --

16 : WELL, I INDICATED TO THE JUDGE

17 EARLIER I HAVE A BROTHER-IN-LAW WHO IS AN ER DOCTOR AT

18 SIERRA VISTA WHO I RESPECT QUITE HIGHLY AS A DOCTOR, AND

19 MY SISTER-IN-LAW WHO IS UP IN WASHINGTON IS A

20 NEUROLOGIST AND HAS BEEN A NEUROLOGIST FOR QUITE SOME

21 TIME, A HIGHLY RESPECTED NEUROLOGIST THERE.

22 I DO LOOK AT THE DOCTOR’S SIDE, BUT IN THIS

23 CASE, I HAVE NO REASON TO GIVE ANY SWAY ONE WAY OR THE

24 OTHER.

25 MR. ROWLEY: HYPOTHETICALLY, IF AT THE END OF

26 THE DAY IT COMES TIME TO BE IN THE JURY ROOM -- AND I

27 APPRECIATE YOUR BEING SO FORTHRIGHT WITH US -- AT THE

28 END OF THE DAY IN THE JURY ROOM, IT COMES DOWN -- IT’S



1 TIME TO SAY IS SIERRA VISTA -- THIS MEDICAL CENTER, IF

2 THERE’S A VERDICT -- IF THERE’S GOING TO BE A VERDICT

3 AGAINST THEM, AND IT COMES TIME -- AND LET’S SAY IT’S

4 YOUR NAME, YOU’RE THE FOREPERSON, YOU HAVE TO SIGN YOUR

5 NAME TO THAT, AND THE EVIDENCE IS PROVEN AND IT’S A LOT

6 OF MONEY AND IT DEALS WITH THE EMERGENCY PROCEDURES AT

7 THAT HOSPITAL AND WHETHER THEY WERE FOLLOWED, AND IT’S A

8 JUDGMENT THAT’S GOING TO BE AGAINST YOUR FAMILY MEMBER’S

9 EMPLOYER, PLACE OF BUSINESS, AND IT DEALS WITH EMERGENCY

10 PROCEDURES, AND AT THE END OF THE DAY WE NEED TO RELY ON

11 YOU, IF WE TIP THOSE SCALES AND PROVE OUR CASE, SHOULD

12 WE HAVE ANY CONCERN HAVING YOU AS A JURO~?

13 : NOT THE LEAST CONCERN. I CAN

14 LOOK AT ALL THE EVIDENCE THAT WAS PRESENTED, AND THAT’S

15 WHAT WOULD PERSUADE ME ONE WAY OR THE OTHER. BUT WE’RE

16 STARTING OUT WITH A LEVEL PLAYING FIELD.


18 MA’AM?

19 : I FEEL LIKE WHEN WE COME INTO THE

20 COURTROOM, WE COME INTO THIS SITUATION WHERE WE’RE

21 SITTING WHERE WE’RE SITTING NOW, WE HAVE TO COME IN WITH

22 NO FORETHOUGHT AS TO WHAT IT’S GOING TO BE. WE HAVE TO

23 LISTEN TO THE FACTS. AND TO LIVE WITH OURSELVES, I

24 BELIEVE WE HAVE TO MAINTAIN THE BEST JUDGMENT THAT WE

25 FEEL BASED ON WHAT HAS BEEN PRESENTED TO US ONE WAY OR

26 THE OTHER.

27 MR. ROWLEY: THANK YOU. I THINK WE ALL AGREE.

28 THANK YOU.



1 ~ SIR?

2 : I CAN BE FAIR AND IMPARTIAL.

3 MR. ROWLEY: SHOULD WE CHOOSE YOU AS A JUROR ON

4 THE CASE?

5 : I DON’T SEE WHY NOT.

6 MR. ROWLEY: WHY WOULD YOU BE A GOOD JUROR?

7 : WHY WOULD I BE A GOOD JUROR? MY

8 OWN EXPERIENCES AT WORK. I HAVE TO WEIGH SITUATIONS AND

9 MAKE DECISIONS, AND WE HAVE TO LOOK AT EVIDENCE, AND

10 SOMETIMES IT’S RIGHT THERE IN FRONT OF YOU, AND

11 SOMETIMES YOU HAVE TO GO AND INVESTIGATE. AS LONG AS

12 ALL THE INFORMATION IS THERE --

13 MR. ROWLEY: HAVE YOU DEALT WITH SITUATIONS

14 WHERE YOU GO AND YOU LOOK AT WHAT PEOPLE HAVE SAID AND

15 WHAT PEOPLE HAVE WRITTEN DOWN, AND YOU FOUND OUT THAT

16 IT’S NOT RIGHT, THAT IT’S NOT TRUE?

17 : YEAH.

18 MR. ROWLEY: EVEN THOUGH PEOPLE HAVE WRITTEN

19 DOWN AND SIGNED THEIR NAME TO IT?

20 : UH-HUH. IT’S NOT ALWAYS

21 INTENTIONAL. SOMETIMES YOU -- WELL, LIKE AT MY WORK,

22 MAYBE I’LL GET CALLED FOR AN INCIDENT ON THE YARD, AND

23 EVERYBODY RUNS IN AND SEES THEM AND THEY HANDCUFF

24 EVERYBODY AND TAKE THEM OFF TO A HOLDING CELL. AND THEN

25 THEY RUN BACK THE VIDEOTAPE, AND SOMETIMES THE VICTIM

26 WAS ACTUALLY THE AGGRESSOR, AND HE ENDS UP GETTING BEAT

27 UP.

28 MR. ROWLEY: SO SOMETIMES IN THE RUSH OF THINGS



1 -- HAV~E YOU SEEN CASES WHERE THINGS HAVE BEEN WRITTEN

2 DOWN THAT ARE JUST BLATANTLY UNTRUE?

3 : I’VE NEVER SEEN THAT, WHERE IT WAS

4 INTENTIONAL.


6 AND LAST OUR -- ARE WE GOING TO BE ABLE TO --

7 ARE PEOPLE GOING TO BE ABLE TO GET THEIR MAIL?

8 : YES, MAIL WILL BE DELIVERED.

9 NO, I THINK I CAN BE FAIR RIGHT NOW WHERE I AM,

10 EQUAL PLAYING FIELD.

11 MR. ROWLEY: THAT’S ALL I HAVE. THANK YOU VERY

12 MUCH.

13 THE COURT: THANKS, MR. ROWLEY.

14 MR. BERTLING?

15 * * *

16 THE COURT: OKAY. GOOD JOB. SO DOES EVERYBODY

17 HAVE IN MIND MY RUDY GIULIANI STORY ABOUT SERVICE?

18 WE’VE GOTTEN THIS FAR, AND YOU’RE READY TO GO, BUT THERE

19 ARE PEREMPTORY CHALLENGES TO THE ALTERNATE JURORS AS

20 WELL. SO WE’RE GOING TO START THAT PROCESS RIGHT NOW.

21 I WON’T HAVE A LOT OF TIME TO THANK YOU IF YOU ARE

22 EXCUSED, BUT I’LL THANK YOU UP-FRONT IF YOU ARE. AND IF

23 YOU DO SERVE AS AN ALTERNATE, THEN WE’LL BE SPENDING

24 SOME TIME TOGETHER.

25 WE’LL START WITH THE PLAINTIFF.

26 MR. ROWLEY: I WOULD LIKE TO THANK AND EXCUSE

27 .

28 THE COURT: ALL RIGHT. , THANK



1 YOU VERY MUCH.


3 THE COURT: AND THEN MR. BERTLING?

4 MR. BERTLING: PASS, YOUR HONOR.

5 MR. HIEATT: PASS, YOUR HONOR.

6 THE COURT: OKAY. BACK TO THE PLAINTIFF,

7 MR. ROWLEY.

8 MR. ROWLEY: WE WOULD THANK AND EXCUSE

9 , JUROR NO. 5.

10 THE COURT: ALL RIGHT. THANK YOU VERY MUCH.


12 THE COURT: MR. BERTLING?

13 MR. BERTLING: PASS, YOUR HONOR.

14 MR. HTEATT: PASS.

15 THE COURT: BACK TO THE PLAINTIFF.

16 MR. ROWLEY: WE ACCEPT THE PANEL, YOUR HONOR,

17 AS PRESENTLY CONSTITUTED.

18 THE COURT: OKAY. WHAT THAT MEANS IS WE DO

19 HAVE FOUR ALTERNATE JURORS. THAT WOULD BE ,

20 , , AND ARE OUR FOUR

21 ALTERNATE JURORS.

22 (3:21 P.M.)

23 * * *

24

25

26

27

28

805 544-3363b2d46507-78ba-4396-98d6-a6c75fe21 8f6

McDaniel Reporting

1 STATE OF CALIFORNIASS.

2 COUNTY OF SAN LUIS OBISPO

3

4 I, YOLANDA C. HERNANDEZ, CERTIFIED SHORTHAND

5 REPORTER, DO HEREBY CERTIFY THAT THE FOREGOING PAGES

6 COMPRISE A TRUE AND CORRECT TRANSCRIPT OF THE

7 PROCEEDINGS HAD IN THE WITHIN-ENTITLED MATTER, REPORTED

8 BY ME BY STENOTYPE ON THE DATE AND AT THE HOUR HEREIN

9 WRITTEN, AND THEREAFTER TRANSCRIBED UNDER MY DIRECTION

10 INTO TYPEWRITING.

11 IN COMPLIANCE WITH SECTION 8016 OF THE BUSINESS

12 AND PROFESSIONS CODE, I CERTIFY UNDER PENALTY OF PERJURY

13 THAT I AM A CERTIFIED SHORTHAND REPORTER WITH LICENSE

14 NUMBER 7389 IN FULL FORCE AND EFFECT.

WITNESS MY HAND THIS 1I~ DAY OF/~~)~ ,2012.

19 (J YOLANDA ~-. HERNANDEZIJ

20 CERTIFIED SHORTHAND REPORTER

21

22

23

24

25

26

27

28


_____________ Pagel

A 25:4 41:6,15 18:5 CERTIFIED 42:4,13ABILITY 8:5w ALWAYS 15:9 39:20 BACKGROUND BOILS 18:6 42:21ABLE 26:10 40:6,7 AME1UCAN 28:15 14:11 16:11 BOOTS 14:3 CERTIFY42:5,12ABOUT4:6,16,21 24 A1VIOUNT5:9 6:6 BACKS 34:11 BORN 20:20 26:21 CESAREAN 26:13

5:3,256:2,2,5,8,9,16 ANALYTICAL 27:1,5 BAD7:1020:3,26 BOTH3:11 9:19,20 CHAIR 10:36:18 7:10,11,28 9:1 27:7 BADLY 7:12 25:24 26:1,4,26 CHALLENGE 24:2,1110:4,10,17,23,25 ANALYZE 27:7,12 BANJO 3:17,18 34:27 CHALLENGES 24:211:3,3,5,2414:7 29:17 BARBARA2:11 BOULEVARD2:4 40:1915:12 16:3 17:3 ANDREW 1:7 34:1 BASED 8:6 17:23 BOWEN 2:17 CHANCE 26:1 30:2618:16 19:28 20:4,5 ANOTHER 14:28 16:8 20:11 21:23 29:14 BOY 7:19 CHARGE 34:1720:16 22:3,27 25:19 31:25 38:25 BOYS 35:27,28 CHARLES 1:3 3:526:12 27:16,24 30:5 ANSWER9:25 12:3 BAT 7:19 BRAIN 31:21,24 CHARTS 33:5,730:6 31:9 33:28 34:5 35:5,6,7 BEACH21:27 BROKEN9:8 CHILD4:18,185:9,1436:11,22 37:9,15 ANSWERED 24:28 BEAT 39:26 BROTHER-IN-LAW 5:14,2840:17 35:13,14 BEAUTIFUL 33:20 37:17 CHILDREN 5:10

ABSOLUTELY 3:13 ANYBODY 21:2 BECAME 19:10 BROUGHT 8:26 9:2 20:18 35:254:27 25:26 29:1 ANYONE 14:5 22:7,26 BECOME 10:4 BRUTAL 12:2 18:3,6 CHOICE 5:10

ACCEPT 9:9 41:16 30:27 36:14 BECOMING 19:9 33:22 CHOOSE 24:24 39:3ACKNOWLEDGE 7:3 ANYTHING 13:21 BED 9:22 BRUTALLY 11:24 CHOSEN 35:7ACTUAL 10:18 15:20,21,23 17:23 BEEF 14:6 16:19 CIRCLES 12:13ACTUALLY 11:16 28:3 29:14 34:21 BEFORE 1:3 12:7,14 BUSINESS 38:9 42:11 CITIES 15:14 19:16

17:16 19:11 26:21 35:17 17:2 22:19 34:16,19 CITIZEN 16:939:26 APPEARANCES 2:1 BEHIND 34:11 _________ ___ CITIZENS 29:6

AD 1:6 APPRECIATE 7:10 BEING3:22 5:25 7:11 C 1:28 2:3 42:4,20 CITY 14:14,15,17,18ADDITIONAL 5:15 18:4 23:21 25:13 10:9 13:25 15:3 CA2:5,11,18 14:22,23,26,26 15:4ADDRESS 11:2 29:24 37:27 17:28 19:21,22 25:19 CAL 19:15 15:12,15,22 19:12,14ADMISSIBLE 35:12 APPROACH 37:8 27:5,13 29:10,11,11 CALIFORNIA 1:1,18 CIVIL 8:20ADMIT 15:11 20:18 APPROPRIATE 35:10 31:18 33:28 34:14 3:1 42:1 CLAIM 15:1 17:8ADMONITION 18:15 AREA22:22 37:15,27 CALLED39:22 21:22 31:24ADULTS35:26 AROUND22:21 24:23 BEINGS3O:5 CAMBRIA21:26 CLAIMS31:10,19,22AFFECT 6:7 14:7 24:23 BELIEFS 1Q:5 CAME 12:7,17 16:25 31:22,24,27 32:13,15

20:21 21:13 ASIDE 7:1 15:28 16:16 BELIEVE3’:104:17,17 17:11 32:18AFFECTS 8:8 29:25 30:3 4:20 10:16,19 15:21 CANDIDLY 24:28 CLASS 12:8AFFIRMATIVE 31:8 ASKED 13:25 16:3 16:10,17 17:22 21:11 CARDIAC 22:14 CLAUSEN2:9AFRAID 7:19 13:19 37:9 23:12 30:10,26 31:16 CARE 4:19 5:9,12,13 CLIENTS 20:13,26

16:18 17:20 ASKING4:19 32:13 31:17 38:24 5:15,27 6:21 10:26 CLIENT’S 14:8AF1UCAN28:20 35:12 BELONG34:6 19:22 20:4,5 22:13 CLUBS 12:13A1?TER5:4 11:20 12:8 ASPECT 25:23 BENZON39:2,5,7,17 30:5,6,12 CODE 42:12

13:11 ASSOCIATE 12:12 39:20 40:3 41:9,11 CARPENTER2:2 CODEFENDANTSAGAIN 16:16 25:3 ASSOCIATED 22:24 BERTLING2:9,10 CARRILLO 2:10 15:7,10

27:8 ATASCADERO19:12 11:17,1823:1633:22 CASE1:89:3,5,12 COLD13:10305AGAINST 5:16 11:7 19:14 40:14 41:3,4,12,13 10:2,6,9,17 12:19 COLETTA4:3,3,4,5,9

38:3,8 ATTEMPT 15:1 BEST 19:24,24,24 20:2 14:8 15:6,12,19 16:8 4:13,15 5:2,5,20 7:7AGES2O:19 ATTEND 12:13 20:2,2,9 21:16 28:9 16:13,25,27 18:16 7:12 23:19AGGRESSOR 39:26 ATTENDED 10:27 38:24 21:3,13,18 25:20 COLETTO 4:2AGO 13:8 22:24 34:4,5 12:9 BETWEEN 12:18 17:4 26:5 29:10 30:26 COME 11:26,26 12:9AGREE 3:25 5:8 28:4 ATTENTION 37:6 BEVERLY 2:5 31:17 32:26 34:1,12 19:21 23:18 31:12

38:27 ATTORNEYS 35:9 BIAS 7:3 15:27 16:1,14 37:15,23 38:11 39:4 34:16 38:19,20,21AGREEMENT 17:6 AUSTRALIAN 28:12 16:17 17:24 CASES 7:25 8:28 9:4,6 COMES 6:4 17:18ABEAD 25:6 35:16 28:18 BIG4:22,23 12:17 9:7,16 14:22 23:25 29:23 37:26,28 38:3

37:12 AWARD4:20 BIRTH5:11 26:13 40:1 CO1~flNG5:432lSAIN’T 5:28,28 AWAY 22:23 BIT 8:7 12:2 20:15 CATH 22:14 COMMENTS 23:2 1ALMOST 4:25 A.M3:3 28:28 CAUSE 23:11 COMMON 27:15 28:8ALREADY5:12,13 BLANK3O:20 CC 13:7 29:16ALTERNATE 40:19 B BLATANTLY 40:2 CELL 39:24 COMMUNICATI0.~

40:23 41:19,21 BACK 18:16,21 23:18 BLUEGRASS 3:19 CENTER 1:11 2:15 18:15ALTERNATES 24:24 23:20,27 24:1 25:11 BLUNT 1:6,7,7,7 38:1 COM1~V1UNITY 6:20

25:14 32:8 39:25 BOIL CERTAINLY 15:26



Page 2

6:23 7:2,5COMPANY 31:27

36:6COMPARE 30:14COMPLETE 33:14,15COMPLIANCE 42:11COMPRISE 42:6COMPUTER 29:26CONCERN 36:9 38:12

38:13CONCERNED 14:7

20:16 23:11CONDUCT 14:23CONNELY 2:16CONSTITUTED

41:17CONTINUE 18:24CORPS 26:24CORRECT 8:26 11:13

22:11 42:6COUNSEL 9:23 17:1,5

29:6COUNTY 1:2 7:20

42:2COUPLE 12:9 22:24COURSE 5:15 10:18

32:10COURSES 10:22COURT 1:1 6:10,12

7:22 18:11,21 23:1523:18 24:8,11,15,1924:26 25:3 35:5 37:437:7,10 40:13,16,2841:3,6,10,12,15,18

COURTROOM 18:1824:10,18 38:20 41:241:11

COWBOY 14:3CRANDALL 1:3 3:5CRIMINAL 8:15,2 1

8:24 16:8 23:4,5CRITICAL 22:13CRUISE 35:22 36:25

37:1CSR 1:28CULLEN 41:20CURRENTLY 19:14CUT 27:22CV100071 1:8

DDAD 6:28 17:15 26:6DAMAGE 14:28DAMAGED 16:7DAMAGES 31:15DARTH 27:8DATA 30:15DATE 34:3 42:8

McDaniel Reporting

DAY 5:27 10:17 12:2719:23,23 21:25 23:1033:18 35:20,2 1 37:2637:28 38:10 42:15

DEAL 20:6 31:2132:19,22

DEALING4:23 31:18DEALS 38:6,9DEALT 39:13DECIDE 10:7 26:2DECIDING 29:2 6DECISION 4:7 6:18,20

8:8 20:11 21:23 27:429:14,28 30:4 3 1:2834:19

DECISIONS 8:5 31:1539:9

DEFEND 15:2DEFENDANT 2:8,15DEFENDANTS 1:13

15:5,14DEFENDED 15:24DEFENDING 15:6,19DEFENSE 7:20,20

9:23 10:12 15:2718:8 23:2,4,5,8 31:532:13,15,25

DEFENSES 9:15DEFENSE’S 34:11DEFINE 8:25DELIVERED 40:8DELIVERY 17:8,13DEPARTMENT 3:5

31:25DEPEND 27:2DEPENDING 17:26DETAIL 35:7DIFFERENT 4:19

8:21DIFFICULT 12:3DIRE 3:8 18:26 25:8DIRECTION 42:9DISABILITY 4:15DISAGREE 14:20DISCUSSED 11:9DISCUSSION 17:4

24:27DIVE 13:3D1VING 13:7,7,8,13DOCTOR 6:8,28 12:18

15:18 20:16 37:17,18DOCTORATE 13:1DOCTORS 6:26 17:8

17:13,20DOCTOR’S 37:22DOCUMENT 11:6DOCUMENTATION

10:27 11:4,12,13DOCUMENTS 11:8,8DOING 8:11,12 19:15

20:1,2,2,9 31:18 32:6DOLLAR 6:6DOLLARS 10:6DONE 9:8 10:24 11:10

16:7 23:26 24:2 132:4

DOUBT 29:19DOUGLASS 25:17,2 1

25:26DOWN 10:3 12:17

16:25 17:11,18 18:518:6 27:14 35:3,837:28 39:15,19 40:2

DRINKING 14:3DURING 14:25DUTY 34:15

EEACH 10:17 12:11EARLIER 37:17EASY3O:13ECHO 27:8EDGE 31:4,5 34:10EFFECT 42:14EISELEN 19:2,2,3,4,4

21:6,7,7,8,9,11,19,2121:26 22:1 24:22,2541:19

EISENHOWER 19:4EITHER 8:8 13:18

25:22 30:4EMBARRASSING

36:13,15EMERGENCY 38:6,9EMOTION 28:25EMOTIONAL 21:12

25:23EMOTIONALLY

20:21EMPLOYEES 14:27EMPLOYER 38:9EMS 20:9END 5:27 23:10 29:18

32:21 37:25,28 38:10ENDS 39:26ENGINEER 19:12ENGLAND 28:15 29:3ENGLISH 28:13,14ENOUGH 26:3EQUAL 17:28 26:5

40:10ER37:17ESQ 2:3,3,4,10,16,17EVALUATING 31:27EVEN 6:1,2 14:21

20:15 21:20 23:1139:18

EVER9:3 14:17 31:2334:15

EVERY 35:12EVERYBODY 3:22,26

4:24 5:25 13:2423:23 27:26 39:23,2440:16

EVERYONE 28:4 31:431:6

EVERYTHING 4:2710:4 26:17 27:12,1228:2,9,9 29:15 30:1,634:19

EVIDENCE 10:1813:27 17:19,27 20:1020:22 26:3 27:1129:16 31:15 34:1738:5,14 39:9

EXAMPLE 16:5EXCEPT 29:19 34:21EXCUSE 23:20 24:5

24:13 40:26 41:8EXCUSED 24:9 40:22EXIST4:1EXITED 18:18 24:10

24:18 41:2,11EXPECT 28:2EXPECTED 29:22

30:12EXPERIENCE 8:14

10:4 15:15,25,27EXPERIENCES 39:8EXPLAIN 17:16EXTRA 27:2 1E-MAILS 18:15

FFACT 8:6 23:22 28:25FACTS 8:5,6 16:28

20:10 25:23 26:127:2,14 29:12,1534:25,26 38:23

FAIL 28:25FAILED 9:9FAIR3:11,11 4:26

10:20 21:12,14 25:2530:27 3 1:2,16 32:2332:24 34:9,14 39:240:9

FAIRLY3O:13FAITH 20:8FAMILY 16:4,15 17:9

22:25 31:1 38:8FAMILY’S 2 1:22FAR 23:22 40:18FARTHER36:7

FAT 37:3FATHER4:21 5:1

29:11FAVOR 6:25,26 17:25

18:7FEEL 7:10,10,12 20:26

30:28 31:1 38:19,25FEELS 36:14FELT 14:26FEW 10:22 22:2 33:26FIELD 22:27 38:16

40:10FIGHT 30:27 34:9FIGHT’S 31:2FIGURE 6:23 14:1FINANCE 5:15FIND 15:9 35:3FINE 8:12 14:18,21,22FINISHED 19:15FIRST 12:6 29:2FITS 29:20FIVE 20:19FIVE-STRING 3:17FLOOR2:18FOLKS 18:12 23:18

24:1,26FOLLOW 6:17FOLLOWED 38:7FOOD 37:2,9FORCE 42:14FOREGOING 42:5FOREPERSON 38:4FORETHOUGHT

38:22FORTH 32:9 33:15FORTHRIGHT 37:27FORWARD 18:16FOUND 39:15FOUR 36:2 41:19,20FOXES 2 1:28 22:1FREELY 23:23FREQUENTLY 35:13FRESH 34:14FRIDAY 1:19 3:2FRIEND 14:2FRIVOLOUS 8:23,25

9:1,15,18FROM 6:4 10:17 16:5

26:2 27:2 28:1529:17 30:21

FRONT 39:10FULL42:14

GG 2:10GALARNEAU 40:8

41:20GENTLEMEN 18:14

805 544-336


18:22 24:19GETS6:1,435:13GETTING 13:10 27:2

39:26GIDDY 11:24GIRL6:21 11:25 33:20GIRLS 35:27GIULIANI 40:17GiVE 3:11 5:11 6:3

16:5 20:25 21:225:24 26:4 27:17,2728:2,9 29:13 30:2530:27 31:4 33:4,1334:9,10 35:6,9 37:23

GIVEN 6:15GIVING 12:2 1GO 5:16 7:22 9:12,21

9:21 11:15 16:2420: 14,23 23:27 24:125:6,11 26:2,4,1133:26 35:16 36:637:1239:11,1440:18

GOES 30:2 1 36:5GOING 6:6,7,24 7:1,3

7:3,4,4,14 9:11 10:1911:15,27 14:7 16:2016:28 17:1,3,13,2017:24 19:23 2 1:1323:19 24:20 25:1,1627:17,28 30:7,2831:4 33:3,26 34:1037:14 38:2,8,22 40:640:7,20

GONE 10:17,22GOOD 7:10 13:26

15:12 19:7 39:6,740:16

GOTTEN 40:18GOUVEIA 3 0:20,24

38:19GRANDCHILDREN

36:1GRANDMA 17: 14,15GRANDMAS 17:15,15

17:17GRANDSONS 20:19GREAT 32:19GROUP 34:14GROWN 35:26GUARDIAN 1:6GUESS 8:18 14:6,23

17:26 27:25 29:1433:21,25 34:4

GUT 29:15GUY 5:414:1GUYS 3:23GYM 34:5,6

HHALFWAY 19:5HALL 2:16HAND 42:15HANDCUFF 3 9:23HANDED 35:8HANDS 28:4,7 34:11HANGING 25:12HAPPEN 17:18HAPPENED 17:7 20:3

27:28HAPPENING 15:24HARD 13:17,20,23

24:23 30:4 32:2241:20

HARDER6:25HARLEY 13:2,5,6HARRIS 3:10,13,15,17

3:20 24:22HASCH 18:27,28,28

19:1,7,11,19,26 20:720:17,28 21:4 24:21

HATE 34:3HAUPT 1:11 2:8,21HAVING 10:8,11 36:9

38:12HAWAII 36:27HEAD 13:23 18:9

30:28HEALTHCARE 4:16

22:27HEAR 17:11 19:23

37:2HEARD 10:18 17:9,10

17:14,23 22:19 29:1734:20

HEARING 17:12,23HEART 19:25,28HEAVY 25:17HELD 17:4HER 1:6 11:25HERNANDEZ 1:28

42:4,20HIEATT2:16,16 6:10

6:11,19 8:2,6,7 10:2210:24 11:2,16,1912:6 33:23 37:4,541:5,14

HIGhLY 37:18,2 1HILLS2:5HIM 5:4 11:16 12:6,7

12:14,15 21:17 34:434:7

HOLD 6:10 18:11 37:4HOLDING 3 9:24HOLES 27:22HOME 9:21 10:17

23:3HON3:5HONEST7:11 11:24

16:19 25:22HONESTY 12:2 18:4,6

33:22HONOR 24:14 36:19

37:6 41:4,5,13,16HONORABLE 1:3HOPE 21:4 32:12HOPEFUL 23:22HOPEFULLY 25:5

27:21HOPING 21:2HOSPITAL 6:7 10:23

11:3 12:10,11,14,1815:18 20:15 26:2238:7

HOSPITALS 10:2511:3 12:16

HOUR 18:12 42:8HUH-UH 17:17HUMAN 17:12 30:1,5HUMANITY 29:16,20

29:23,27 30:7HUMPBACK 13:9HURT 14:4HURTS 36:16HUSBAND 3 5:24HYPOTHETICALLY

37:25

IiDEA 21:18IDENTIFY 6:27 16:2IMAGINE 19:17IMPACT 21:12iMPARTIAL 3:11

10:20 28:25 3 1:1639:2

IMPORTANT 3:26,274:7,10 11:7,8 23:2433:16

INCIDENT 39:22INDICATED 22:28

28:6 31:7 37:16INDICATING 11:17

25:15 26:28 34:23INDIVIDUALLY 1:7

1:8INDUCTION 26:15INFORMATION 27:2

27:18,27 35:4 39:12INJURY31:19,21,24INSIDE 4:8INSTRUCTION 6:3

20:23INSTRUCTIONS 6:15

35:6INSTRUMENTS 3:16INSULT 28:17INSURANCE 31:26

36:6INTENTIONAL 39:21

40:4INVESTIGATE 39:11INVOLVED 15:4 30:6ISLAND 33:21ISSUE 6:4ISSUES 11:7ITALIAN 4:4ITALY 5:1

JJAIL 36:10JAY2:16JENNIFER 1:7,7JENNY 14:13,15,19,25

15:8,13,26 16:2217:26 18:10 24:14,1724:18

JIGSAW27:18JOB 13:26 21:22 27:27

34:13 40:16JOINED 15:5JUDGE 1:3 3:5 6:2

19:21,22 23:23 37:16JUDGMENT 38:8,24JUROR 8:18 10:9

11:23 21:14 24:1325:19 29:10 33:2835:7 37:15 38:1239:3,6,7 41:9

JTJRORS 6:5 13:2518:18 22:28 25:5,528:6 29:3 31:7 34:2140:19 41:19,21

JURY 7:27 8:15 9:239:24 10:12 18:1723 :21,27 24:20,273 1:22 37:26,28

JUST 3:26 4:22 8:289:5 11:19 12:1915:21 16:19 17:22,2319:9 20:3,20,2621:15 22:20 23:926:3,17 27:4,12,1327:22 28:17 30:1433:25 34:21,24,2636:7,10,15 37:2,5,940:2

JUSTICE 3:28 30:6,10

KKEEPING 18:22KEEPS 31:1

Page 3

KENNEDY 31:11,143 1:20,23 32:3,5,7;1032:17,24,28

KEPT 9:22,23KETCHUM 10:16,24

11:5,13 12:3,22,2613:1,6,12 22:7,8,8,1122:13,16,17,19,20,2222:23 23:4,6,12,19

KETCHUMS 22:21,24KID31:1KIND 11:16 25:10

27:18,22KINDS 31:22KNOW 3:24 4:11,20

5:11,17 6:27 7:9,207:25,27,28,28 8:1,611:15,25,25,25 12:712:10,15 13:22 14:614:27 15:22,22 16:1116:14,21 17:2 19:2119:22,27 20:3,4,7,1221:1,21 22:18 25:1226:1,3,11 27:22,2629:13,15,27 31:2832:13 33:3 34:10,1534:18 36:11,12,22

KNOWING 7:24 20:14KURT 1:11 2:8,21

LLAB 22:14LABOR 17:7,13LADIES 18:14,22

24:19LAID 27:3LAST 13:8 20:20 22:2

22:640:6LATER 17:17LAUGHLIN 33:3,8,11

33:13,20LAW 6:9,17 29:24LAWSUIT 9:1LAWSUITS 8:23 9:1LAWYER 7:20 10:1,9

21:17 23:2,4,5,8 31:1LAWYERS 35:3LAYING 9:22LEAD 3:18LEAN 18:7LEARN 21:23LEAST 38:13LEAVE 27:28 28:2,9

29:13LEAVES 27:20,24LECTURE 12:15LECTURED 12:8LECTURES 10:24,28


REPORTER’S PARTIAL TRANscpJp~ OF PROCEEDINGS

16:15MEMBER’S 38:8MENTIONED 10:21

14:11 22:9MET 12:6 29:22 30:12MIDDLE 19:11MIGHT 4:12 7:27,28

11:14 18:5 27:2132:20

MIGHTy 14:18MILLION 5:23,23

10:6MILLIONS 5:7,8MIND 32:16 40:17MINDSET 10:5MINE 14:2 31:25MINOR 1:6MINUTE 10:3 18:13

25:1 36:23MISSED 37:7MISTAEj~5 4:24MISUNDERSTAND

29:21MONEY 5:17,20,27

6:1,4,20 38:6MONTH 13:8MORE 4:16 5:6,8 6:27

10:7 12:20 14:1016:10 17:19 33:10,1233:26

MOST 3 1:24,25 33:20MOSTLY 13:8MOTHER 19:19 22:23

26:25MOUNTAji~ 22:3MOVE 6:13 18:16

24:22MUCH 3:21 5:6,20

6:20 7:14 14:1 21:2423:13,14 24:8,1625:21 26:27 28:1132:1,1 33:17 35:1440:12 41:1,10

MUSICL&j~5 3:14MUST 19:17MYSELF 34:3M.D 1:11 2:21

NNAME 22:19 38:4,5

39:19NAVAL 26:2 1NAVY 26:25NEED 5:11,14,15,16

5:20,26 6:24,2827:18 29:26 30:5,738:10

NEEDS 5:22,22

NEGATIVE 23:1NEGLIGENCE 14:24NEIGHBOR 29:17NEIGHBORhOOD

22:2NEIGHBORS 6:23NEUROLOGIST

37:20,20,21NEVER4:21 12:13

37:1 40:3NEW 28:12NEXT 24:22NICHOLAS 2:3NIGHT 20: 13,13NIGHT5TER 13:6NOBODY 14:20NODDING 18:9,10NORMAL 5:13,14,2 1NOTHING 34:20NOTICED 25:14NUMBER 42:14NURSE 22:10,12,13NURSES 10:25 11:2,6

17:8,14,21NURSING 1026 11:13

12:6,8 13:2

0OATH 6:16,17OBISPO 1:2,18 2:18

3:1 14:15,18 15:1642:2

OBJECTIvE 9:2810:13,16 13:26 34:24

OCCASIONALLY15:8

OCCURRED 11:9OFF 7:18 12:26 13:23

17:4 39:24OFFENDING 8:9

32:12OFFICER 16:9,11OFFICERS 16:6OFTEN 16:6OH 8:10 9:6,10,14

19:19 24:25 37:3OKAY 5:8,18 6:5,12

8:11,13 9:26 10:1511:11,14 12:24 16:1816:22 18:3 21:9 22:523:18,28 24:15 25:1025:12 26:11 28:8,223 1:26 35:17 36:2537:13 40:16 41:6,18

OLD26:8OLIE 7:16OLPIN 7:17,17 8:4,10

8:12,15,20,24 9:6,10

9:14,17,20,25,2710:11 24:6,8,10

OLYMpIC 2:4ONCE 6:2 11:15ONE 5:22 6:8 8:1

7:2 14:26 16:1 23:2629:7 35:5 36:5,637:23 38:15,25

ONE’S 36:10ONLY 11:14 12:15

15:14OPEN 16:23OPINIONATED 7:8OPINIONS 33:4OPPORTU~jITy 26:~OPPOSED 16:15OPPOSING 17:1ORDER 23:19 27:19ORIGINAL 33:5,7OTIIER4:16,18 6:26

7:15 8:1 9:27 12:1115:14,14 16:1 17:2717:28 22:10 23:2532:21 35:10 37:2438:15,26

OTHERWISE 31:3OUNJL4JN 2:3OURSELVES 3 8:23OUT 3:23 6:23 14:1

19:23 20:14 26:1927:3,20,25 28:1,3,1029:14 30:20,23 31:531:5 35:4 38:1639:15

OUTSIDE 12:11,14OVER 12:8 17:1 34:6,8OVERNIGHT 4:7OVERRJj~~G 30:2OWN7:339:8

pPAGES 42:5PAID 6:1,4 32:1PANEL 41:16PAPATJ{AJCJS 37:16

38:13 40:27,28 41:2PARAMEDIC 19:9,10

19:13,15PART 15:17,26 21:15

28:26 32:12PARTIAL 1:17 17:6PARTICIPATE 35:14PARTICULAR 4:15

16:1,13PASS 41:4,5,13,14PASSED 22:23PAST 10:28 11:9PATIENT 29:12

805 544-3363

March 9,;

REP

Pag

0

CCC(((

Page4

11:22,27 12:9LEGAL 6:14 19:27 21:28 22:20LEGALLY 20:24 32:9 33:4 38:5 40:21LEGIT9:3 LOTS 8:15LEGITIMATE 9:16 LOVE 13:2LEGITIMATELY 9:2 LUIS 1:2,18 2:18 3:1LESS 10:7 14:15,18 15:15 42:2LET 17:2 35:5 LUNCH 18:12 25:18LET’S 6:13 7:22 14:10

16:26 33:25 36:538:3 1~1ADE6.11

LEVEL 38:16 MADONNA 22:25LIABILITy 14:24 MAIL 40:7,8

31:15,28 MAINTAIN 3824LIABLE 14:28 MAKE 4:24 5:12 6:18LICENSE 42:13 6:25 8:5 20:10 21:22LIES 24:2,12 2 1:22 23:9 27:3LIFE 5:21,21 29:14,28 30:3 31:2,3LIFE-THRj~AT~NJ 31:15 34:11,19 35:9

4:25 35:11 37:5 39:9LIKE 4:18 5:4 7:26,28 MAKES 6:20 23:24

11:7,16,16,18 12:25 MAKING 31:2713:4,8,12 14:1 15:21 MALPRACTICE 42120:21 21:11,13,18,18 5:5 23:824:5 25:4,15 27:8,18 MANAGEMENT27:22 33:5,6 34:18 14:1138:19 39:21 40:26 MANY 8:13,16 21:13

LIKELY 12:20 16:10 34:7,1817:19,22 MARCH 1:19 3:2

LIONS 22:4 MARINE 26:24LISTEN 8:5 11:27 MARSH 2:17

13:26 23:23 38:23 MARTINEZ 27:1,16LISTENED 13:9 MATCHING 27:9LISTENING 3:24 MATH 5:7

13:24 MATTER 42:7LITEM1:6 MAUI 13:9LITIGATIONI1:9 MAY13:21 15:516:6LITTLE 6:21 7:19 8:7 16:7 18:24 27:25

11:24 14:10 16:18 28:1 32:20,21,2220:15,1621:2023:11 34:428:28 32:11 33:21 MAYBE 15:24 22:21

LIVE 5:21 2 1:26 36:3 28:28 29:2 1 34:538:23 39:22

LIVING521 MA’AM 10:15 3818LLP2:2,9,16 MC 33:3,8,11,13,20LOCAL 11:3 12:18 MEAN 5:20 15:26LONG 3:23 25:13,28 20:18 26:11 27:26

39:11 33:15 ___________________

LOOK 20:22 27:14,17 MEANINGFUL 23:2429:12,12,28 30:7 MEANS 24:20 41:1831:14 35:8 37:22 MEDICAL 1:11 2:1538:14 39:9,14 6:27 10:23 16:3,4,14

LOOKED 14:22,23 17:9,21 18:1 19:2215:19 20:1,4,8 21:16 23:7,8

LOOKING 16:3 27:9 27:9 29:11,22 38:127:10,10,11,11 MEDICINE 5:1

LOOI(525:434:18 MEG22:16LOT MEMBERS 7:5 16:5

McDaniel Reporting


___________________ ___________________ ___________________ ___________________ Page 5

PAYING 37:6 8:22,26 QUITE 37:18,20 8:11 9:3 10:8,11 SPENALTY42:12 11:23 15:3 16:16 ___________________ 11:20 18:12,21 20:24 S 1:3 3:5PEOPLE 6:24 7:15 9:7 18:1 32:8 34:3 35:21 R 20:24,2721:22,27 SAFE 20:12

14:23 19:22 20:1 36:27 RAISE28:4 23:13 24:2,15 25:3 SALLAZ34:2,1321:1428:2032:20,21 PROBLEM 12:22 RAISED 28:6 25:2429:2730:16,22 SAME 10:15 11:2633:4,26 39:14,15,18 28:24 RAN 12:10 30:24,28 31:3 33:25 12:12,13 15:5,1040:7 PROCEDURES38:6 RATHER23:25 34:19,2736:1739:10 30:1734:6

PEOPLE’S 31:27 38:10 REACHED 17:6 39:16 40:9,20,28 SAN 1:2,18 2:18 3:1PERCENT 12:19 PROCEEDINGS 1:17 READY4O:18 41:10 14:15,17 15:15 42:2PEREMPTORY24:2 42:7 REALLY 15:20 16:20 RISK 14:11 SANTA2:11

40:19 PROCESS 3:27 23:22 17:2 18:4 21:17 RITNER2:4 SAW 8:22,25 15:3 17:8PERFECT 12:27 2 1:25 23:24 24:21 25:12 34:20,20 ROBERT 2:3 17:10,14 34:4,7

33:18 35:19,21 40:20 REALM 8:24 ROBOTS29:26 SAYING4:10 19:28PERHAPS 11:7 PROFESSION 4:23 REASON 13:18 14:5 RODNEY 2:4 28:17 32:13PERJURY42:12 PROFESSIONALS 16:26 29:25 36:8 ROLES 10:2 SAYS 6:9 14:2 15:18PERI~flSSION 28:27 16:4,14 17:10 18:2 37:23 ROOM 17:8,13,16 21:16 29:25PERRIER 14:3 20:5,8 21:16 23:8 REASONABLE 5:6,8 37:26,28 SCALES 12:19 38:11PERSON 5:11,12,21 29:22 30:11 REASONS 9:3 ROOMS 23:2 SCHOOL 34:1,3 36:5PERSONAL 12:5 PROFESSIONS 42:12 RECOGNIZED 34:5 ROWLEY 2:2,3 3:10 SCREENING 35:11PERSUADE 38:15 PROMISE 7:6,7 RECORD 17:4 27:14 3:14,16,19,21 4:4,6 SCUBA 13:2,4,7,7PETER2:10 PROPER 30:11 RECORDS 10:23 16:3 4:10,14,27 5:3,18,24 SEASONAL 19:13PICK28:28 PROSECUTIONS 17:21 27:9 6:147:9,14,18,248:9 SECOND 2:18 6:9PICTURE27:19 9:18 REGARDLESS1O:12 8:11,13,17,22,289:7 33:2334:7PIECES 27:19,21 PROSPECTIVE 18:18 REGIONAL 1:11 2:15 9:11,15,19,21,26 SECOND-GUESSINGPLACE34:838:9 22:28 24:26 25:4,5 RELATION 22:15,17 10:1,14,21 11:1,11 21:17PLAINTIFF 10:1,9,12 28:631:7 22:25 11:14,21 12:17,24,27 SECTION42:11

24:3 40:25 41:6,15 PROTECT 11:6 RELATIONSHIP 12:5 13:4,10,14,18,21,28 SEE 4:7 7:26 8:28 9:3PLAINTIFFS 1:9 2:2 PROUD 19:17 12:15 14:14,17,20 15:3,9 12:28 16:23 17:11PLAY 19:21 28:26 PROVE 6:22 12:18,20 RELATIVES 22:26 15:17 16:18,23 17:6 19:6 27:27,28 28:25

31:12 26:5 30:26 34:12 RELY 38:10 18:3,24,27 19:1,3,6,8 29:18,20,23,24 30:9PLAYER3:17 38:11 REMAiN 18:13 19:17,20,2720:12,25 30:11 33:5,6,14,25PLAYING38:16 40:10 PROVEN 21:3 38:5 REMEMBER 18:14 21:1,5,8,10,15,20,24 34:7,17,18 36:5 39:5PLAYS 30:9 PROVIDE 30:13 REPEAT 37:10 21:28 22:5,9,12,15 SEEING 17:12PLEASE 18:13,14 PROViDED 17:27 REPORT 23:20 22:18,20,26 23:2,5,7 SEEN 9:6,7,13,15,17

33:10 36:19 30:11 REPORTED 1:28 42:7 23:13,15 24:4,5,11 9:19,20 12:14 22:2PLEASED 14:21 PROVIDERS 6:28 REPORTER 42:5,13 24:13 25:6,10,19,24 40:1,3PLUS 5:21 PRO-PLAINTIFF 42:21 25:27 26:6,8,10,15 SEES 39:23POINT 5:24 6:11 32:25 REPORTER’S 1:17 26:17,19,23,26 27:5 SELECTION 18:17

16:27 PUBLIC 36:13 REPRESENTATIVE 27:23 28:8,14,17,20 SENSE 27:15 28:8POLICE 16:6,9,10 PULLS 19:25,28 32:14 28:22,27 29:3,7,10 29:16POLY 19:15 PURELY 29:20,21 REPRESENTATIVES 29:24 30:16,22,25 SENSES 17:12PRACTICE 10:26 PURSUED 9:2 32:19 31:9,12,18,21,26 SEPARATE 20:17,23

13:2 PURSUING 13:1 REPRESENTATIV... 32:4,6,8,11,18,27 21:12PRACTICED5:1 PUSH7:18:130:2 32:15 33:1,6,10,12,17,24 SERVE4O:23PREFER29:7 PUSHED 15:23 REQUIREMENT 34:9,22,2635:1,17 SERVICE 26:26 40:17PREPARATION 5:13 PUT 5:10 7:12 30:10 35:19,23,25,27 36:1 SERVICES 20:9 23:21PRESENT 2:21 PUTTING 3:28 RESONATE 27:26 36:3,8,12,16,18,22 23:27PRESENTED 10:19 PUZZLE 27:18 RESPECT 11:1,11 36:25 37:1,9,13,25 SERVING26:23

38:14,25 P.M 18:19 41:22 37:18 38:17,2739:3,6,13 SET7:4 15:28 16:16PRESENTLY 41:17 __________________ RESPECTED 37:21 39:18,28 40:5,11,13 29:25PRESUMABLY 30:14 __________________ RESPONSIBILITY 40:26 41:7,8,16 SETTING 12:12,14PREVENT11:10 QUESTION16:25 4:119:9 RUBIN18:13 SETTLE9:5,1215:1PREVIOUS 16:2 17:12 34:28 35:2,10 RESUMED 18:26 RUDY 40:17 15:11 32:1PRIMARILY1O:26 35:13 RETIRE32:6 RULES9:8 SETTLED8:27PRINCIPAL 34:17 QUESTIONS 10:15 REVERSE 10:2 11:28 RUN 39:25 SEVERE 31:24PRIOR 7:19 13:25 16:2,20 24:28 REVIEW 17:28 25:22 RUNS 39:23 ShAKE 3:12 25:25PR1VATE15:4 35:11 RIDE13:2 RUSH39:28 SHEET3O:20PROBABLY QUICK 17:2 33:27 RIGHT 4:28 7:2,4,18

McDaniel Reporling 805 544-3363

REPORTERS PARTIAL TRANscpJp~ OF PROCEEDINGS March 9,

Page6

SHIP35:2236:2637:2 31:136:12,18,18,20 36:2639:24 6:18 I 13:522:1223:2SHOES 8:3 37:4 TAKEN 4:19 25:15 27:16 TYPEWRITINGSHORT 11:6 SOUND 11:19 TAKES 36:27 THOROUGH 24:27 42:10SHORTHAND42:4,13 SOUTH28:20 TAKING 16:26 ThOUGH 14:21 39:18

42:21 SPEAKI5:14,lS TALK4:247:15 10:25 THOUGHT4:6 10:17 USHOULDEl~4:12 SPEAKJNG30:17 11:28 13:24 17:3 18:11 UH-HUH 19:26 23:6SIDE 4:17 6:26 20:15 SPECL~L 522 26:12 36:22 THOUGHTS 19:8 32:28 39:20

25:22 30:4 37:22 SPEND 14:10 TALKED 4:21 11:5 30:19 33:2,28 37:14 UNCOMFORTABLSIDES 3:11 9:19,20 SPENDING4O~23 19:27 22:27 THREE 10:27 17:15 26:12

25:25 26:1,4 34:27 SPOT 27:8 TALKING 18:15 17:16 26:9 UNDER42:9,12SIERRA 1:11 2:15 SS42:1 23:23 31:2 34:21 THROUGH 1:6,12 UNFORTUNATEL’~

37:18 38:1 STAND 6:17 TEACH 11:23 13:7 12:15,16 25:12 26:11 7:8SIGN 38:4 STANDARD 10:25,26 TEACHER 8:20 34:13 TIE 34:11 UNIFORMS 20:1SIGNED39:19 STANDARDS29:22 TEACfflNG8:18 TIGHT9:24 UNLESS 10:6SIGNIFICANT22:10 30:12,14 10:22 11:2 TIME3:2312:6,26 UNTRUE27:1340:2SILACCI34:24,27 START 30:28 40:20,25 TEAM 11:26 14:10 15:6 16:26 UP-FRONT 5:25 40::

35:2,18,21,24,26,28 STARTED 34:20 TELL 7:18 11:22 16:28 23:20 26:23 30:7 USE 27:15 30:136:2,5,10,15,17,21 STARTING3O:23 31:5 33:8 36:7 34:7 37:21,26 38:1,3 USED 7:26 13:7 29:536:24,27 37:3 31:5 34:14 38:16 TENTJRE 14:26 40:21,24 34:6

SIMPLE 18:7 STARTS 30:20 TESTIFYING 16:9,10 TIMES 15:22 34:18SINCERE 11:19 STATE 1:1 32:15 42:1 TESTIMONY 16:4 TIP 12:19 38:11 VSINGLE 35:12 STAY-ON-THE~CL... THANK 3:21,28 7:9,14 TIIUNG3:24,27 VADOR27:8SIR3:15,2028:12 18:23 10:14 12:24 13:14 TISSUE31:25 VAGINAL26:13,14

31:11 32:17 33:2 STENOTYpE42:8 18:21 20:25 21:5,24~ TOGETHER4O:24 VERDICT 6:7 12:1735:18 37:14 39:1 STEPHANIE 2:17 22:5 23:13,14,20 TOLD 6:15 12:21 20:26 21:3

SISTER-IN-LAW STICK 24:23,23 24:5,7,8,13,17 25:27 TONIGHT 9:21 38:2,237:19 STILL24:12 26:6,20,26,2727:23 TOP13:23 VERNON28:13,15,1c

SIT 10:3 STORTON 25:28 26:7 28:11 30:17,22,25 TOTALLY301O 28:21,2429:1,5,8,19SITTING3:23 13:24 26:9,14,16,18,21,24 32:27 33:1,17,17,24 TOUGII4:12,14 13:10 30:9

14:2 38:21,21 STORY 28:1 40:17 33:24 34:22,22 36:21 TOWARD 16:14 VERSUS 16:4 17:9SITUATION7:13 16:1 STREET2:10,17 12:11 38:17,17,27,2840:5 TRAINING 16:12,15 VERY3:21,24 7:7,14

38:20 STRINGS 19:25,28 40:11,21,22,26,28 19:16 21:24 23:13,14,22SITUATIONS 39:8,13 STUDENT 12:7 34:1,2 41:8,10 TRANSCRIBED 42:9 24:8,15,28 26:27SLEEP 9:22,24 20:12 STUDENTS 34:8,15 THANKS 14:9 23:15 TRANSCRJP’r 1:17 27:1 28:11 33:16,17

20:13 STUFF18:635:12 23:2724:1540:13 42:6 40:1141:1,10SOCIAL 12:12 SUIT29:8 THEIR 15:11 19:23,24 TREND4:23 VICTIM39:25SOCIETY9:9 SUITE 2:11 19:24 20:1,1,2,2,19 TRIAL 9:12 11:15 18:5 VIDEOTAPE 39:25SOFIA 1:6 SUITS 8:25 21:16 26:2,5,5 30:7 TRIALS 8:16 VIGOROUSLY 15:2SOFT3I:25 SUPERJOR1:1 33:434:1139:19 TRIED8:15 15:19,23SOME5:47:15,27 SUPPOSE 7:26 16:1 40:7 TRIP 13:9 VISTA 1:112:1537:11

8:25 11:9,22 16:20 32:19 THEMSELVES 11:6 TROPICAL 13:8 38:122:22 28:20 32:18,20 SUPPOSED 6:8 16:27 THEY’D 15:11,11 TRUE 12:20 17:19 VOIR3:8 18:26 25:832:20,21,2235:7,11 SURE5:78:25 15:18 THING15:1020:3 29:2830:1 39:16 VS1:1037:2040:24 23:930:331:2,433:5 22:636:13 42:6 ___________

SOMEBODY 4:17 35:9,11 37:5 THINGS 7:27 17:28 TRUTH 36:7 _~ W5:17 7:26 27:20,24 SUSTAIN 7:22 34:16 39:28 40:1 TRY 5:18 15:11 16:20 WAIT 29:18

SOMEONE 7:24 11:27 SWAY 37:23 THINK 3:25 4:20,25 33:26 WAITING 3:23,2527:6 29:11 SWEAT 12:20 6:2,2,8,9,12,16 8:4,7 TRYING5:18 7:9 WANT 4:11 5:18 8:18

SOMETHING4:8 6:1 SWEATING 12:1,1,4 9:27 10:10,11,13 13:28 20:14 13:15,16,21 20:36:22 9:8 14:27 16:7 SWITCH 25:11 13:15,21,25 15:13,24 TUIVIMY 14:3 22:6 27:6,6 30:3,2717:7,1221:127:8,13 SWORN25:1 15:28 16:13,16 19:4 TWICE6:2 10:10 31:2,3 34:24 35:1527:20,2428:1 29:28 SYMPATHy 19:28 20:7,10,17,18,21,22 TWIN 19:16 36:6,11 37:5,7,1031:6 33:9 36:23 37:2 25:21 29:25 30:2,8 20:28 21:12,14,21 TWO 5:23 10:27 17:15 WANTED 23:9

SOMETIMES11:17 _________ 23:2524:2725:22 19:1120:17,19,23 WARM13:11,1239:10,11,21,25,28 ~T 29:5,8 30:16,16,17 23:7,26 34:5,6 35:26 WASHINGTON 37:19

SON 19:9,12,1326:8 TAKE 5:9,12,13,15,27 31:23 32:25 33:16 35:28 WATER 13:11,11,12SORRY2I:830:28 6:21,21 7:2 17:24 36:1438:2740:9 TYPE8:17,17 12:12 WAY4:19 8:1,8 9:25

18:127:1330:7 THINKING 20:1426:427:4



31:17 35:15 37:2338:15,25

WEIGH 17:18 39:8WELCOME 18:2 1WELL 5:5 6:25 8:20

11:21 14:10 15:13,1817:20 20:13,13 21:162 1:26 22:5 25:1027:5 31:14,17 33:1336:22 37:7,16 39:2 140:20

WENT 31:24 32:8WERE 8:3,18 10:1,2,2

11:23 12:1 14:2,2214:28 15:12,22 16:825:14,15 26:10,2327:26 3 1:25 33:1438:7

WEREN’T 33:14WEST 2:4,10WE’LL 3:25 18:16

23:18 28:8 40:23,25WE’RE 9:11 11:25

16:27 17:3 18:1219:23 21:2 23:1924:2 1 30:17,22 33:2538:15,20,21 40:20

WE’VE 19:27 21:340:18

WhALES 13:9WHILE36:28WHISPER 16:28WIIOA3O:3WHOLE 23:22 27:19

28:1WIFE 3:14WIGS 29:4WILLING 27:7WISH 25:17WITHIN-ENTITLED

42:7WITNESS 42:15WORD 18:1WORDS 35:10WORK 6:22 7:1,5,21

7:26 8:21 39:8,21WORKED 7:24,25 8:7

26:19WORKING 3 1:9,26WORKS 19:12 22:14

36:6WORLD 16:6 33:18,21

36:11WORRIED 17:24 18:7WORRY 5:3 6:5 22:3WOULDN’T 12:22

20:27 22:3WRITE

35:3,8WRITTEN 27:13

39:15,18 40:1 42:9WRONG 9:8 15:11,20

15:21,23 29:27WROTE 17:2 1

YYARD 34:15 39:22YEAH 9:10,14 12:27

13:17 25:28 34:2,736:24 37:3 39:17

YEAR 20:20 23:26YEARS 8:13 12:8 13:7

22:3 26:10 28:1631:10,16 32:14 34:434:5,6

YEAR-AND-A-HALF22:23

YESTERDAY 13:28YOLANDA 1:28 42:4

42:20YOUNGEST 19:13

ZEALAND 28:12ZUCKERMAN 2:2

11 1:121:30 18:1610 3:51002:1111:33 3:31230:512:00 18:191200 13:61319 2:17152:10 5:7 10:61724:13

220 42:1620-PLUS 34:32008 13:62012 1:19 3:228 31:16

3326:103:21 41:2232 28:15

55 41:9505:7500 1:1251 12:19

77389 1:28 42:14

88016 42:118827 2:4

99 1:19 3:2902112:593101 2:1193401 2:18

Page 7


CERTI Ft ED - Trial Guides › resources › downloads › trial... · 2016-03-25 · CERTI Ft ED...

Documents

Transcript of CERTI Ft ED - Trial Guides › resources › downloads › trial... · 2016-03-25 · CERTI Ft ED...