Driscoll Vs. Busch, Dec 17, 2014

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FAMILY COURT FOR THE STATE OF DELAWARE KENT COUNTY COURTROOM 6

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IN THE MATTER OF:

PATRICIA P. DRISCOLL,

Petitioner,

Vs.

KURT T. BUSCH,

Respondent.

File No.: CK14-02747 Petition No. : 14-30621

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Transcript of Proceedings

December 17, 2014

KENT COUNTY FAMILY COURT 400 Court Street Dover, DE 19901

COMMISSIONER DAVID W. JONES, Judge

The owner of this transcript will not copy, alter, transfer or otherwise use in an inappropriate manner. Inappropriate use includes, but is not limited to, using this transcript or the content of this transcript for the purpose of harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment, and/or commercial gain.

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PETITIONER: WITNESS

P. Driscoll w. Rodriguez K. Busch

RESPONDENT: WITNESS

M. Domcheff

PETITIONER: IDENTIFICATION

8 9

10

RESPONDENT: IDENTIFICATION

8 Pictures 9 Pictures 10 Pictures 11 Pictures

DIRECT

43 85

DIRECT

INDEX

W I T N E S S E

CROSS

53

CROSS

RE DIRECT

3 68

RE DIRECT

s

RE CROSS

32 72

RE CROSS

129 180 205,251 226,259

E X H I B I T S

DESCRIPTION I. D.

Top Ten Texans in Racing 21 Athlon Sports article 23 Dated 2/10/14 Text message October 5 118 between Mr. Busch and Ms. Driscoll

DESCRIPTION I. D.

of motor home 223 of motor home 223 of motor home 223 of motor home 223

V. D.

v. D.

Ubiqus/Nation-Wide Reporting & Convention Coverage 22 Cortlandt Street- Suite 802, New York, NY 10007

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PROCEEDINGS 3

THE CLERK: The State of Delaware Family Court

- - Hon. David Jones presiding in the matter of Driscoll

v. Busch. Please be seated in the courtroom.

MALE VOICE: Good morning, Your Honor.

THE COURT: Good morning, everyone. We're back

on the record in the matter of Driscoll v. Busch. When

we left the proceeding Ms. Driscoll was on the stand.

MS. MCNEICE: Yes, Your Honor. It's my

understanding that I'm now to continue with our case on

redirect.

THE COURT: Yes, ma'am. There's no need to re-

swear Ms. Driscoll. She's still under oath, ma'am. Ms .

McNeice?

MS. MCNEICE: Thank you. Good morning.

P A T R I C I A D R I S C 0 L L, having been

first duly sworn, testified as follows:

REDIRECT EXAMINATION

BY MS. CAROLYN McNEICE

Q: Good morning, Ms. Driscoll. I'm going to hand you a

document.

A: Yes, this is my request for order for protection,

and it's my request to ask for a psychiatric evaluation and

for treatment for Kurt.

Q: And whose signature is on that?


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REDIRECT EXAMINATION OF P. DRISCOLL BY C. McNEICE 4

A: Mine.

MS. MCNEICE: Your Honor, I ask this Court to

take judicial notice of Ms. Driscoll's signature on Page

5 of her petition for order of protection from abuse

filed in this Court on November 5th.

THE COURT: Yes, I certainly will take notice

that the document was affirmed.

Q: And did you read it before you signed it?

A: Yes, ma'am.

Q: Let's review some of the testimony and the comments

that were made yesterday with Mr. Hardin. He asked you if Mr.

Busch was asleep when you entered the motorhome on September

26th. What's your recollection about that?

A: He was not because he yelled immediately and said,

"Who the fuck is here?"

Q: Okay.

A: So he wasn't asleep.

THE COURT: Well, you're not really sure

whether he was asleep before he yelled that though. He--

A: [Interposing] Right. But my recollection when I

opened the door is he was not because he immediately

responded. It wasn't minutes.

THE COURT: Okay.

Q: Okay. Can you--strike that. Mr. Hardin provided


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1 you with a printout with some texts and comments from Mr.

2 Busch's mother.

3 A: Yes.

4 THE COURT: Ms. - - , we may need the exhibits.

5 Do you have them?

6 Q: I'm referring specifically to a document that's

7 referred to as Respondent's 1.

8 A: Okay.

9 THE COURT: Thank you.

10 Q: Did you contact her?

11 A: Yes, I did.

12 Q: And why did you do that?

13 A: She and I have had a lot of discussions, as well as

14 his father, as far as Kurt's alcoholism.

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MR. HARDIN: Your Honor, excuse me. I'm going

to object to her talking about what they said to her. I

have no objection to her talking about what she said to

them.

THE COURT: Certainly. Certainly. That

objection is noted, and obviously we'll deal with the

issues as they arise.

Q:

A:

MS. MCNEICE: Okay, thank you.

What did you say to her?

I notified her like I have many times in the past


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1 when Kurt has fallen off the wagon that he had fallen back

2 off. And she acknowledged that she already knew that, and

3 said that--

4 THE COURT: [Interposing] The objection to

5 that is sustained, ma'am.

6 A: I'm sorry.

7 THE COURT: Because Mr. Busch's mother is not

8 present to testify what she said to you is hearsay--

9 A: [Interposing] Okay.

10 THE COURT: --and not admissible in Court. Mr.

11 Hardin has objected to that, so we can only really hear

12 about your side of this conversation--

13 A: [Interposing] Okay.

14 THE COURT: --at this point and what you said

15 and maybe why you said it. But we can't really have you

16 testify about what Mr. Busch's mother said to you.

17 A: Okay. I told her that he had fallen back off the

18 wagon again, and that we really needed to do an intervention,

19 that I had spoken to his doctor again and the doctor wanted us

20 to do a family intervention this time.

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Okay, again, the doctor is not here.

Okay.

Just tell us what you told--

[Interposing] I'm telling you what I relayed to


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1 her.

2 Q: Okay.

3 A: And this was that I had had the conversation with

4 the doctor, and that we should do a family intervention this

5 time, instead of--you know, this has been me, and I said I

6 really need her support this time. And she said--

7 Q: [Interposing] You can't--

8 A: I'm sorry.

9 Q: All right, now let's back up. You indicated that

10 you had spoken with his doctor. Had you attended medical

11 appointments with Mr. Busch with this physician in the past?

12 A: Yes, I have.

13 Q: And were you present when Mr. Busch spoke with this

14 physician in the past?

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A: Yes, I was.

Q: Okay. And there is another exhibit, Specifically--

MR. LIGUORI: [Interposing] Question?

Q: You were asked--

MR. LIGUORI: I'm sorry, Carolyn, I apologize.

The number is?

Q: I haven't gotten there yet.

MR. LIGUORI: Oh. Okay.

Q: There are other exhibits and we will get through

each one of them.

Ubiqus/N ation-Wide Reporting & Convention Coverage 22 Cortlandt Street- Suite 802, New York, NY 10007

Phone: 212-346-6666 * Fax: 888-412-3655


1 THE COURT: Okay, but we need to know which one

2 you're talking about at the time you talk about them.

3 MS. MCNEICE: I will advise the Court.

4 THE COURT: All right, thank you.

5 Q: Okay, let's talk about a screen shot that you

6 testified to that you had sent to the motorhome driver. What

7 is that person's name?

8 A: Michael Domcheff.

9 Q: Dun?

10 A: Domcheff.

11 Q: Domcheff. And is he here today?

12 A: Yes.

13 Q: Okay. And tell me why you sent him a screen shot.

14 Well, first tell me what you sent and the time you sent it?

15 A: I don't have my--I think you've got copies of them.

16 Q: Okay. Do you recall the date and time?

17 A: It was September 26th. I believe it was about 6:30

18 p.m., 7:30, somewhere around there.

19 Q: All right. Tell me why you sent him something?

20 A: He and I had had conversations earlier. Today is it

21 okay to talk about him since he is here? My conversations

22 with him?

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THE COURT: I'll wait for an objection.

MR. HARDIN: I have no objection.


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1 THE COURT: Okay. You may.

2 Q: Go ahead.

3 A: He and I had had conversations earlier that day

4 about Kurt, and he was very concerned about him. And said to

5 me that he had not eaten anything. You know, that he had just

6 stayed in the motorhome; he looked very pale; he looked really

7 ill; and looked really upset. And I told him that we had had-

8 -he knew that we had had a fight in New Hampshire because he

9 got cussed out by Kurt when Kurt and I jumped off the golf

10 cart. And he said that Kurt was really having a bad day, and

11 that he had been yelled at by the team manager in the morning

12 for his conduct to other guys on the team for the way he

13 screamed at them in New Hampshire. And then he yelled--he

14 said that Kurt had a really bad qualifying, and he had been

15 keeping me informed all day as to Kurt's progress and Kurt had

16 a really bad qualifying, and that Kurt had melted down after

17 qualifying. And then even though he had been warned not to

18 talk to any of the Stewart-Haas team members they way he had

19 spoken to them, he then melted down on the crew chief calling

20 him a fucking idiot, quote, unquote. And also screamed at Joe

21 Custer for the same thing, the team manager.

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MR. HARDIN: Excuse me. Just to be clear, is

she testifying as to what this gentleman told her?

A: Yes. This is what he's telling me.


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1 THE COURT: Yes, it's important that we

2 distinguish between what you observed and heard then, and

3 what--

4 A: [Interposing] I was not there.

5 THE COURT: Okay.

6 A: So this is what he is relaying to me that he

7 observed that day.


9 Q: All right, so with regard to the screen shot, did

10 this relate to some interaction you had had with Kurt?

11 A: Yes.

12 Q: And what was that?

13 A: This was my concern about him laying on the floor,

14 and I asked Mr. Domcheff if he would drive by to see, you

15 know, if he was okay. He said he felt uncomfortable actually

16 going and knocking on the door to check on Kurt, but he kept

17 driving by to see if Kurt's car had moved at all.

18 Q: Okay.

19 A: And then I had askedhim about, you know, I said

20 what should I do. And he said he needs the love and comfort

21 of his family and suggested I come out.

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Q: Okay.

THE COURT: Okay, so this is Petitioner's 1

that you're referring to the exhibit that has the screen


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1 shot of the text message that--

2 A: [Interposing] Yeah, where he says I'm laying on the

3 floor crying.

4 THE COURT: Okay.

5 A: Yes.


7 Q: Can you define some terms for us, or those of us

8 that aren't knowledgeable about NASCAR?

9 A: Yes.

10 Q: What is a qualifying?

11 A: Qualifying is the--usually it happens on a Friday,

12 and it's when all the cars go out for a best time and it will

13 determine their position to start the race.

14 Q: I see. And it was your understanding that?

15 A: That qualifying went very poorly.

16 Q: Okay.

17 THE COURT: And that was based upon what Mr.

18 Domcheff told you?

19 A: Yes.

20 THE COURT: Okay.

21 A: Well, and then there's the results of where he

22 started. You can go look that up online, too.

23 Q: Okay. Mr. Hardin asked you about a prior physical

24 assault by Kurt and you indicated that, yes, there had been


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one. Can you give us the date of that assault if you recall?

A: It was in 2012 in the summer time.

Q: Where did this assault occur, ma'am?

MR. HARDIN: I'm sorry, I couldn't hear that

answer. The first answer?

THE COURT: The summer of 2012.

MR. HARDIN: Thank you.

A: It occurred at Kurt's home.

Q: Where is that home located?

A: That was the home that he owned prior to buying this

one. It was on ...

Q: And did you go to the police about that assault?

A: I did not. I threatened to go to the police that

night.

Q: But you did not follow through with that threat?

A: No, I did not. He ran away from the house after

assaulting me. And we exchanged a bunch of text messages.

And then I--you know, he said he was scared that I had--

because I had threatened to call the police he ran away. And

I asked him to come back and come deal with this. And he kept

saying, "No, because I am afraid that the cops are sitting

there waiting for me." And in the text message exchanges it

said that. You know, this is just bits of my history of abuse

and I have a big target painted on me, and--


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THE COURT: Okay, this is a text from Mr.

Busch--

A: [Interposing] To me.

THE COURT: --referring--

A: [Interposing] We're texting back and forth while

he's gone.

THE COURT: --to you? Okay, but the me you're

talking about, where the text says this refers to my

history of abuse, meaning your history of abuse?

A: No, his history of abuse.

THE COURT: Okay.

Q: With regard to Mr. Busch's reputation when you

started your relationship, Mr. Hardin asked you about this,

and your response was that he was a bad boy.

A: Yes.

Q: And that was in what year?

A: 2010, 2011.

Q: Okay. And what steps did you take to help him

change that reputation?

A: When he got fired from Penske I was involved in

telling--working with Kurt's attorney and the PR firm that the

attorney had hired at the time out of D.C., and I happened to

have met the guy on a couple of occasions for other crisis

management stuff; he does things on the Hill. And worked with


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1 them to help create a video where Kurt, you know, basically

2 was apologetic about his behavior, saying he wanted to restart

3 his career and his life. You know, I was trying to build from

4 the damage at that point. I convinced the attorney to ask

5 Fenske to not have a--say that Kurt was fired, but to say that

6 it was a mutual split and in agreement Kurt would not sue them

7 for any kind of breach of contract. And Fenske agreed to

8 this, and they came out and said that in the media. And, you

9 know, we started to build the plan from there. I helped Kurt

10 interview some PR firms that we thought might help him at the

11 track because he got hired by Phoenix Racing, a very low

12 budget team that does not have any PR representation, so Kurt

13 decided to hire a firm, and we were going to work together.

14 And that was Triske [phonetic] Communications, to try and help

15 fix this problem. But they were going to manage the ad track.

16 I was going to try and fix a lot of the other issues because

17 of my relationships with some of the other national media.

18 And he had a few incidents in 2012 where he was fighting. He

19 threatened a reporter. He got--he threatened a few reporters.

20 He tore up papers. Screamed at the media, had altercations

21 with drivers on and off the track, running through people's

22 pit boxes with his car, you know, almost running over crew

23 members. He was suspended for that action by NASCAR. Or put

24 on probation for that action by NASCAR, and fined. And then


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1 he was suspended when he threatened the reporter at Dover,

2 threatened to kick his ass, and there was a video of that. So

3 at that point I really kind of stepped up the game and helped

4 Kurt rebuild his image. And we had a long talk about whether

5 or not he even wanted to race any more, if he was just going

6 to continue this, because I told him that I couldn't continue

7 to be in a relationship with him if he didn't get some help

8 and change.

9 Q: And what was his response to whether or not he

10 wanted to continue to race?

11 A: He said he wanted to race, and the conditions I set

12 on him back then were that he would go see this doctor that I

13 had set up. and that he would start taking his medications for

14 depression and he would stop drinking and clean his life up.

15 And he did. And then we started to build from there. And I

16 worked a lot of PR events, the Outlaw show, this NBC 36, I

17 pretty much ran the double, all the media on it. You know, I

18 was constantly plugging and placing him in to try and slowly

19 rebuild it. I had him doing a lot of volunteer activities

20 with my foundation so that people see that he's there helping

21 the troops, and to help rebuild his brand.

22 Q: Okay. And you indicated you had not seen Kurt since

23 September 26th, is that correct?

24 A: That is correct.


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Q: And with regard to any text communication, for

instance, the texts that we discussed yesterday including

those from September--excuse me--October 13th and I believe

October 19th--18th that are referenced in his Exhibit No. 2,

who initiated those?

A: He did.

Q: Mm-hmm.

A: I had not been at the track.

Q: Okay. There's no question pending at this time.

And outside of this one event that you attended, you discussed

an event in Las Vegas beginning of December?

A: Yeah.

Q: Do you know of any other time that you've actually

been even anywhere close to Mr. Busch?

A: I have not, but I have not been able to do my job

because I have troops at the track, and I have the wounded

troops there and I'm supposed to be at the races with them.

I'm supposed to be talking to people that are my sponsors for

my foundation. This is a big part of my job. And, you know,

I had a relationship with NASCAR before Kurt, and two-thirds

of the races that are attended--or that go on for the year,

two-thirds are attended by me and my troops and my foundation

and I have an obligation to be there.

Q: Okay.


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A: And I have been afraid to go.

Q: I understand. On this document that is referred to

as Respondent's 2, Mr. Busch referred to his job being in

jeopardy. Did you ever put his job in jeopardy, ma'am?

A: No.

Q: Okay.

THE COURT: Well, I guess, are you aware of

anything that you've done, other than obviously filing

this complaint, that may have--well, are you aware of

what Mr. Busch was talking about when he alleged that you

had placed his job in jeopardy?

A: No, I wasn't, and those were some of the text

messages I was telling you yesterday I thought were missing

from the--Mr. Hardin's papers that he gave me because I found

the rest of them. And I would like the opportunity to bring

them in because there was actually a lot of communications

there that make it very clear that Kurt is very aware of the

assault and he was scared that I was telling people about it.

Q: And those are?

A: Those are text messages between him and myself.

Q: And what would have been the date of those text

messages? Do you recall? Their dates other than those that

are listed in--

A: [Interposing] I brought them in.


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Q: Okay. We'll look through those then. You were

shown a video that you made called "Pocket Commando." Do you

recall the year in which this video was made?

A: 2008 and '09.

Q: And was this made before you knew, or had a

relationship with Kurt Busch?

A: Yes.

Q: And was this video ever released for general viewing

in public?

A: No.

Q: Did you ever agree that it could be released or

posted anywhere?

A: No, when I saw the cut of it I didn't like it. It's

not what I had been sold that this was going to be, and I

refused to move further with the project because I despised it

and I felt like it was--a lot of things were cut up in

accurately, and cut and paste. And things that were supposed

to be off camera that were just jokes ended up in this sizzle

real and I didn't like it, so I refused to move on with the

project.

Q: Okay.

A: And somehow it ended up on TMZ yesterday, and with

comments from Kurt's team, I don't know, immediately following

the hearing here.


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1 Q: On TMZ?

2 A: Yes.

3 Q: Mm-hmm.

4 A: And it specifically says Kurt's team.

5 Q: Okay. We--strike that. I'm going to hand you a

6 document that was admitted yesterday. It's been marked as

7 Respondent's 6, a letter from Mr. Petecio (phonetic) to an

8 attorney that Mr. Busch had retained at one time. I don't

9 know if it's still his attorney.

10 A: Yes.

11 Q: Relates to some financial matters.

12 A: Yes.

13 Q: Okay. Have those financial matters been resolved?

14 A: No, we haven't even discussed them yet.

15 Q: Okay. Have you removed your items from his home in

16 North Carolina?

17 A: No, I have not.

18 Q: And I think we asked this yesterday, has he removed

19 his items from your home in Maryland?

20 A:

21 Q:

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23 Q:

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No.

How about his car?

Nope, it's still sitting right in my driveway.

Okay.

None of these--you know, we were all but married in


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a sense, and you know, in breaking up there's a lot of things

to divide. As I said yesterday, we've got a lot of things

together. I have property that is sitting in his office and

his home that was mine prior to our relationship. I mean,

there's a lot of things that have to be settled, but we didn't

even discuss that. No settlement sheets, no requests have

actually been made yet.

Q: Okay.

A: Because I wanted to make sure that the waters were

not muddied with any financial anything because I make, you

know, a few hundred thousand dollars a year. I'm more than

fine. I pay all my bills. I always have, and not with the

support of Mr. Busch. I pay my own mortgage. He's never paid

any of that or the utilities. He lived there for four years

in my mansion and I paid all of it. He never--he didn't even

have a house at one point for about nine months.

Q: Okay.

A: And he lived there, but--

Q: [Interposing] And he lived where?

A: He lived in my home in Maryland.

Q: Okay.

A: And I also own a million dollar building downtown in

Capital Hill. And he does not pay for that either.

Q: Okay. Did you ever go to any media organization,


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1 any publication, any online publication that where you said to

2 them on the record I have remade Kurt Busch?

3 A: No, I did not.

4 Q: I hand you a document. Have you ever seen this

5 before? Can you identify it?

6 A: Yes. This is Athlon Sports. I don't even know or

7 have ever met a Vito--I'm sorry if I butcher his name--

8 Pugilese [phonetic]. I have no idea who he is. But this was

9 something that they put out that says racing's most notable

10 Texans. And it was Top 10 Texans in all of racing.

11 Q: Okay.

12 A: And I am listed as No. 9. And it says, "Okay, this

13 peculiar selection, but honestly who is the real hustle behind

14 Kurt's muscle"?

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MR. HARDIN: Excuse me, what exhibit is this?

THE COURT: It's not an exhibit yet.

MR. HARDIN: Excuse me, I don't understand what

we're doing.

MS. MCNEICE: Urn--

MR. HARDIN: [Interposing] Excuse me, I don't

understand what we're doing here. We're reading

something. It's not in evidence. It hasn't been

offered.

THE COURT: All right. I think she was asked


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1 to identify it, and the witness probably overstepped her

2 bounds a little bit.

3 A: Oh.

4 THE COURT: So you can't really actually read

5 from the exhibit ones until it's been admitted. Because

6 I can't hear it until it's been admitted.

7 A: Okay.

8 MR. HARDIN: Well, it's--you know, the eat's

9 out of the bag. Just give me an exhibit number and I

10 won't object to it.

11 THE COURT: Actually the eat's never out of the

12 bag with me. I can ignore stuff I need to ignore.

13 THE COURT: Thank you, Judge. But there is

14 also others here.

15 FEMALE VOICE: It's marked as Petitioner's--I

16 believe I--it will still be called the next number.

17 MR. HARDIN: What exhibit number? Excuse me,

18 ma'am, it's 8?

19 THE COURT: Petitioner's 8. Okay. It will be

20 admitted as Petitioner's 8.

21 [Whereupon Petitioner's Exhibit No. 8 was

22 admitted into evidence.]

23 Q: Do you know if this particular report is out on the

24 general internet and readily available for anyone to read?


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A: Yes.

.Q: And can you read it for us?

A: Sure. Okay, "This is a peculiar selection, but

who's the real hustle behind Kurt's muscle. This lady from

El Paso NASCAR involvement goes beyond being the support

system and PR mastermind for the 2004 Champion transformed

into, well, something different than he was a few years ago.

She also rallies the community behind her foundation. She

actually has a couple of starts under her Texas-sized belt

buckle in the Better Half Dash. She finished 4th in 2011 and

8th in 2012."

Q: Okay. Did you ask anyone to put that on to the

internet?

A: No. I don't even know anybody at Athlon Sports.

Q: I'm going to hand you another document. Can you

identify it, please?

A: This is another article from Athlon Sports. Do I--

Q: [Interposing] Have you--

A: I've--yeah, I've seen it before.

Q: Can you provide the date of this article, please?

A: 2/10/14.

Q: Okay. I'd ask that that be marked as the next

exhibit.

THE COURT: Has it been provided to counsel?


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Okay, Mr. Hardin, do you have a position in regard to

this document or do you need some time to read it, sir?

MR. HARDIN: I need to be able to read it if

that's okay, Judge.

THE COURT: That's fine, sir.

THE COURT: Mr. Hardin, would like the Court to

recess?

MR. HARDIN: If I could make a qualified no

objection, for the Court to give this the type of

consideration you've indicated you would other things

that the other side questions the relevance to. This is

a newspaper article, that you haven't seen it, so I think

I can safely characterize as they're offering a newspaper

article or magazine article that says nice things about

the impact she had on Mr. Busch's career.

THE COURT: Okay.

MR. HARDIN: And if that becomes relevant to

the Court later then so be it.

THE COURT: Okay.

MR. HARDIN: And with that qualification, I

don't understand what the relevance is, but I won't

object to it.

THE COURT: Well, Ms. McNeice, the relevance of

this particular article?


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MR. HARDIN: What's the exhibit number, by the

way?

THE COURT: It's not been an exhibit yet.

MS. MCNEICE: Mr. Hardin--part of Mr. Hardin's

cross-exam included trying to assert to the Court that

Ms. Driscoll had not had any--was not employed or did not

help Mr. Busch in any way, work to change his reputation,

otherwise enhance his standing within the NASCAR

community, or otherwise change what might have been

termed his reputation as a bad boy in 2011.

THE COURT: Yeah, whether that's a fact or not

is not relevant I think to our proceeding.

MS. MCNEICE: Okay.

MR. HARDIN: Your Honor, may I just respond?

THE COURT: Sure.

MR. HARDIN: Actually it's the opposite. I

agree with her and I've not suggested at all that she

didn't do that. That's one of our points.

THE COURT: I understand. And--

MR. HARDIN: [Interposing] And that's quite

frankly why I don't object to this document.

THE COURT: Okay.

MR. HARDIN: I'm just saying that's not really

relevant to anything. But I don't have any objection to


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them--

THE COURT: [Interposing] Okay.

MR. HARDIN: --say--I'm not saying she didn't

at all. I think counsel has 180 degrees misunderstood.

So I have no objection to this.

THE COURT: Well, the document will be

admitted.

MR. HARDIN: Can I have an exhibit number,

please?

THE COURT: That should be Petitioner's 9.

MR. HARDIN: 9 I believe.

FEMALE VOICE: Yes, Petitioner's 9.

THE COURT: Okay. Thank you.

[Whereupon Petitioner's Exhibit No. 9 was

admitted into evidence.]

Q: I'm going to ask you to look at Page 4, specifically

in the--about two-thirds of the way down. I'm sorry, it's

referenced as Page 4 of 13.

A: Mm-hmm.

Q: And is there some comment about your presence in Mr.

Busch's life?

A: No, it's Page 2.

Q: I apologize. Perhaps I referenced it incorrectly.

I apologize. It was Page 2.


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1 A: Yes, there is.

2 Q: And what does it say? If you could read it for us,

3 please?

4 A: "On the PR front where Busch has posted failing

5 grades for several years, he now rarely never missteps under

6 the guidance of girlfriend, Patricia Driscoll, who has almost

7 single-handedly remade his image. Even on-track Busch seemed

8 more controlled last season. Perhaps that was the result of a

9 lack of pressure in a second tier ride. Or perhaps after hard

10 lessons learned, Busch has finally grown up."

11 Q: Okay. And let's go back, and you were questioned

12 about--I wanted to review some of the comments on the pictures

13 that were admitted.

14 THE COURT: I think before we move on to that,

15 ma'am, I guess the question what Mr. Hardin actually

16 questioned you about previously on cross was whether or

17 not you had sort of said things to the media to the

18 extent that you single-handedly rehabilitated Mr. Busch's

19 career. And did you have anything to do with this?

20 A: No, I don't even know anybody from Athlon, and it

21 doesn't even have an author-right. I don't know people over

22 there.

23 THE COURT: Okay. All right. Thank you,

24 ma'am. I'm sorry. Forgive me for interrupting. You may


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continue.

Q: Okay, thank you. With regard to the photographs

that you took when you--that you testified to, you said you

took them when you got home yesterday--or--yesterday; I

apologize. You took them when you got home on September 27th?

A: Yes.

Q: Early in the morning?

A: Right.

Q: When you took these pictures, again, you were using

your cell phone, correct?

A: Yes, ma'am.

Q: Were you looking in the mirror and pointing the

camera at the mirror?

A: No.

Q: Were you pointing the camera at yourself?

A: Yeah, I was just pointing the camera ...

Q: Okay. And if you could, tell me again where Mr.

Busch placed his right hand, ma'am, if you recall.

A: On my chin and on my cheek. And he had it across my

face. His hands are bigger than mine, but he had, you know,

just digging into my face and just had a good hold there.

Q: Okay. And where was his left hand, ma'am?

A: On my throat.

Q: Okay.


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A: Like this.

Q: Do you recall which hand he used to hit your head

against the wall?

A: He had both at the same time and just used both to

smash my head into the wall.

Q: Okay. You were asked how long you recall that he

had his hands on your face during this assault? And your

neck, that is. And your face. And your response was moments.

And you said one, two, three. What did you mean by one, two,

three?

A: He smashed my head into the wall three times ..

Q: And when you said moments, what did you mean by

that?

A: When you're in a situation like this it feels like

forever. And it's hard to--it feels like forever, even though

you know that it was smashed very quickly.

THE COURT: Okay. So what you're telling the

Court then is that once those things happened, that's

when you--

A: [Interposing] I pushed his hands away.

THE COURT: Okay. So that's how long his

hands were on you. Okay.

A: Right.

Q: Okay. How long did it take you to push his hands


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1 away if you recall?

2 A: Pretty quick.

3 Q: And did you have an opportunity to see where he went

4 after you pushed his hands away?

5 A: Just laid back down in bed and covered himself back

6 up. And at that point I moved away from right where he was to

7 the, to the back of the bed when I ran out, and told him that

8 he was a piece of shit and a coward and ran out.

9 Q: You were asked if you considered calling your

10 neighbor to watch your son on September 26th.

11 A: Yes.

12 Q: And your response was that your son wanted to see

13 Kurt, too?

14 A: Right.

15 Q: Had you and Kurt been able to talk and you had

16 stayed in the motorhome that night, would your son also have

17 remained in the motorhome with you?

18 A: Yes.

19 Q: And would you then have gone on to complete your

20 duties at the track the next day?

21 A: Yes.

22 Q: Now during the week of September 21st after the New

23 Hampshire incident, and September 26th when you next saw him

24 Dover Mr. Busch attended an interview somewhere. Could you


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1 refresh my memory on that?

2 A: Yes, he attended The Weather Channel and the Today

3 Show that I had set up.

4 Q: And who set up The Weather Channel interview?

5 A: Me.

6 Q: And who set up the Today Show interview?

7 A: Me.

8 Q: Mr. Hardin showed you a document referencing a

9 contact I believe it was Jonathan Helpman [phonetic]. It's

10 referenced as--

11 THE COURT: [Interposing] Respondent's 3.

12 Q: --Respondent's 3. I'm going to hand this to you.

13 Is that a clip--

14 A: [Interposing] Yeah.

15 Q: --of the interview at The Weather Channel?

16 A: Yes.

17 Q: Had you seen this at some point in time some time

18 close to the date of that interview?

19 A: Yeah, I had already sent it because Shymane

20 [phonetic] sent it to me from The Weather Channel.

21 Q: Okay. Had you seen it before your trip to Dover on

22 September 26th?

23 A:

24 Q:

Yes.

If I might take one minute, Your Honor, to review


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1 some of my documents. I apologize--

2 THE COURT: [Interposing] Sure. Do you need a

3 recess? We can do that.

4 Q: --for the delay. Yes, may we take a short recess?

5 Thank you. Five minutes.

6 [OFF THE RECORD]

7 [ON THE RECORD]

8 MS. MCNEICE: Thank you for that short break,

9 Your Honor.

10 THE COURT: You're welcome.

11 MS. MCNEICE: I've reviewed my materials and

12 notes and I've concluded my redirect.

13 THE COURT: Okay. Fine. Thank you. Mr.

14 Hardin?

15 MR. HARDIN: Very briefly.

16 THE COURT: Okay.

17 RECROSS-EXAMINATION

18 BY MR. RUSTY HARDIN

19 Q: Ma'am, do I understand that you are saying that

20 basically you re-built--you agree with what these articles are

21 saying in terms of the impact you believe you've had on Mr.

22 Busch's career, correct?

23 A:

24 Q:

Yes, I do believe I helped his career.

All right. And I believe you said you haven't taken


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RECROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 33

1 any money or asked for any money, and that you are fine on

2 your own?

3 A: Yeah.

4 Q: Is that a fair statement?

5 A: Yes.

6 Q: But in fact that house you're in, you couldn't

7 qualify for the mortgage unless he guaranteed it, could you?

8 A: Incorrect.

9 Q: Pardon?

10 A: That is incorrect.

11 Q: And if your bankers were to say that if he got off

12 of the guarantee--

13 MS. MCNEICE: Objection. The banker is not

14 here, Your Honor, to the best of my knowledge, and he's

15 certainly reciting something that is hearsay.

16 THE COURT: Mr. Hardin?

17 MR. HARDIN: I was going to say if the bankers

18 were to say they would not give her a mortgage without

19 his guarantee, would that be true or untrue?

20 A: I--

21 Q: [Interposing] That was going to be the question.

22 A: The person who--the bank that gave us the mortgage,

23 I don't know what he would say, but I had another mortgage

24 that was going to be mine alone from a different bank. I


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qualified on my own.

Q: So if he gets off the mortgage, you're fine with

that then? You don't mind him dropping the guarantee? 'Cause

you [crosstalk]

A: [Interposing] I'm not going to discuss anything to

do with our division of assets right now.

Q: Okay. All right.

THE COURT: And I think everyone needs to

understand that if there is hearsay sort of embedded in

the question that's asked of a witness that the Court

isn't going to consider that hearsay.

A: Okay.

THE COURT: You know, the only time the Court

would consider that kind of a statement would be if it

were adopted by the witness. And that would be

considered as the witness' statement, not the person's

statement who is referred to in the if someone said that

would it be true. Okay? So everyone needs to understand

that.

MR. HARDIN: Thank you.

A: So I qualified for a loan by myself.

Q: Okay.

THE COURT: And Mr. Hardin, more particularly

sort of the relevance of it, I guess to relief?


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1 MR. HARDIN: [Interposing] Okay. It really

2 had to do with things she said on redirect.

3 THE COURT: Okay.

4 MR. HARDIN: That's all.

5 THE COURT: All right.

6 Q: The other thing is, you mentioned a car, that his

7 car is still at your place?

8 A: Yes.

9 Q: That's a Porsche, is it not?

10 A: Correct.

11 Q: And that's a Porsche that he had leased?

12 A: Yes.

13 Q: And you've been driving it and everything during

14 this period of time. And I'm really going--have you not,

15 ma'am?

16 A: Yes.

17 Q: All right. You've been taking it off track, right?

18 A: Off track?

19 Q: Off road driving, have you?

20 A: No.

21 Q: Have you been driving with it?

22 A: Have I been driving it? I just said, yes, I did.

23 Q: Yes, ma'am, I'm sorry; you did. I apologize for

24 repeating the question. Who is Mr. Andrew Tiller?


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1 A: Andrew Tiller? Oh, a friend of mine from South

2 Carolina.

3 Q: And is he also employed by your foundation?

4 A: No, he is not.

5 Q: And when you talk about not talking to the media,

6 not having anything yourself, Mr. Tiller and you are friends,

1 are you not?

8 A: Yes.

9 Q: And you're aware that he's been tweeting all through

10 this trial and all out to the public about your side, aren't

11 you?

12 A: He is not media.

13 Q: I see. Okay. Now, and he's not talking--I mean,

14 what he's doing is communicating to the media. I'm not

15 suggesting there's anything wrong with it. I'm only

16 addressing the source--

17 A: [Interposing] I have not given him any information

18 to give to media or anything like that.

19 Q: Fair enough. Now, when you were talking a moment

20 ago about--I want to just ask you just a few questions about

21 when she mentioned to you about your complaint that you filed.

22 She asked if you had read it and signed it. Do you recall

23 that?

24 A: Yes.


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Q: And you and I talked yesterday about there are some

things you left out of it, right?

A: Yes.

Q: You left out that your son was with you, correct?

A: Yes.

Q: And you left out the fact that it was his trailer

and not yours, right?

A: Yes.

Q: Well, you say in here--would you like a copy? Do

you have an extra copy for her? Pardon?

MS. MCNEICE: I have a copy. Thank you.

MR. HARDIN: I know; no, but for the witness.

Do you have an extra copy so she could be looking at it.

Her complaint.

MS. MCNEICE: You had given her a copy

yesterday.

THE COURT: We could make a copy if we need to.

MS. MCNEICE: You had given her a copy

yesterday. It may be in this pile. Let me check.

THE COURT: Certainly the Court will take

notice of what's in the petition.

A: It was my understanding from my attorney that not

every single detail of everything that we're going to have

during the trial is spelled out in the petition. So I, I--


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otherwise, I mean, we were here for how many hours yesterday?

It would be a big stack of papers.

THE COURT: I think, Mr. Hardin, are you

referring to the part of the petition where it says

Petitioner and Respondent were in their motor coach/bus

at Dover Downs, Dover, Delaware?

MR. HARDIN: Yes, sir.

THE COURT: Okay. All right. Well, I'll

certainly take notice that the petition says that. And

if you wish to question the witness about it, I'll

represent to you, ma'am, that the petition does actually

say that.

A: Okay.

Q: And it wasn't your motor coach, was it?

A: It's not, no.

Q: Okay.

A: I'm sorry for the correction--or the word that says

their. I should have--we should have more clearly stated his

motorhome.

Q: Thank you. And then you don't mention in here, do

you, that--did I understand your testimony correctly that

after this physical encounter that you have described he then

got back in bed and covered himself up?

A: Yes.


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Q: And then you ran out?

A: Yeah.

Q: So the man you want from the protective order has

whatever kind of encounter with a woman who comes into his

home uninvited, does whatever you're suggesting, asks her to

leave at least twice according to you, correct?

A: Okay.

Q: He tells you to get out of his motorhome, right?

You don't. Then whatever encounter you're talking about

happens, and this man that you're afraid of then lies back

down in bed and covers himself up. Is that right?

A: It doesn't change the fact that he just slammed my

head into the wall.

THE COURT: Okay, no--

Q: [Interposing] I just asked you if that was right.

I did not say--

THE COURT: Did he--

A: [Interposing] Yes, he laid back down.

THE COURT: That's the question. Thank you.

Q: That was the question. Thank you. Now, you had

talked about needing to be around your--what you say your job.

And I think you talked about your troops, right? When you say

your troops, you're talking--

A: [Interposing] It is my program troops to the track.


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1 Q: Yes, ma'am. I'm not arguing with you. I'm asking

2 you a question. Are you telling the Court then that at least

3 two occasions since September 26th you have gone to locations

4 that you knew he was going to be appearing at?

5 A: What?

6 THE COURT: Have you gone to the track since--

7 A: [Interposing] I have not been at the track?

8 THE COURT: --September 26th?

9 Q: Did you go to Homestead?

10 A: No, I did not.

11 Q: I thought you said earlier in your questions to her.

12 Did I misunderstand? You were not at Homestead?

13 A: I was not at Homestead.

14 Q: Did you go to Las Vegas for that event?

15 A: Yes, I did. No, I did not go to the NASCAR banquet.

16 I was in Las Vegas for my own event across the street. That

17 is the Soothe Our Troops weekend bringing wounded service

18 members to the Venetian Hotel.

19 Q: Yes, ma'am. All I'm asking is when you, since

20 September 26th of this year, have you on any occasion gone to

21 any location, any general location that you knew he would be

22 at?

23 A:

24 Q:

No, I have not.

All right. Has he gone to any location that you


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know of that he would know that you were going to be there?

A: I believe he was at the Venetian Hotel during this

Las Vegas weekend for a dinner. That's what I was told.

Q: Did you see him there?

A: I did not go downstairs to see if he was there. I

stayed upstairs.

Q: You mean he may have been in the same hotel you were

in?

A: You asked if he was in the same location as me, and

I said yes. This is the same location.

Q: Thank you, ma'am. I'm just asking you again, are

you saying that he was in the same hotel you were in, in Las

Vegas?

A: That is what I was told.

Q: And yet he made no attempt to see you?

A: I don't care if he did or not. I did not--

THE COURT: [Interposing] All right, well,

ma'am, just answer the question. To your knowledge--

A: [Interposing] He made no attempts to see me.

THE COURT: --did he make any attempt to see

you?

Q: Do you understand that now we are here, you are

seeking a protective order saying that you are afraid of him.

And yet now you are telling us that at no time since September


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1 26th has he tried to see you. And indeed on one occasion was

2 in a hotel that you were at and made no attempt to be around

3 you. Can't you agree with me, ma'am, that you don't need a

4 protective order from him. Neither one of you want to be

5 around the other, right?

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A: No, I'm not going to agree with you.

Q: I know you're not. Thank you very much.

THE COURT: All right. Ms. Driscoll, you may

resume your seat next to your counsel. Thank you. Ms.

McNeice, do you wish to call another witness?

MS. MCNEICE: Yes. Petitioner calls Valesqua

[phonetic] Rodriguez.

THE COURT: I'm sorry?

MS. MCNEICE: Walewska Rodriguez.

THE COURT: All right.

MS. MCNEICE: Thank you.

THE COURT: Call Walewska Rodriguez. Good

morning, Ms. Rodriguez. Please stand next to the witness

stand. We'll swear you in or affirm you.

THE CLERK:

MS. WALEWSKA RODRIGUEZ: Walewska Rodriguez.

THE CLERK: Do you swear to tell the truth, the

whole truth, and nothing but the truth so help you God?

MS. RODRIGUEZ: I swear.


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THE CLERK: Please spell your first name for

the record, please.

MS. RODRIGUEZ: W-A-L-E-W-S-K-A.

THE CLERK: Last name?

MS. RODRIGUEZ: Rodriguez. R-0-D-R-I-G-U-E-Z.

THE COURT: Thank you, ma'am. Ms. McNeice?

MS. MCNEICE: Thank you.

W A L E W S K A R 0 D R I G U E Z, having been

first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. CAROLYN McNEICE

Q: Good morning, Ms. Rodriguez. Could you give us your

age, please?

A: I'm sorry, say again?

Q: Your age?

A: 43.

Q: How old--

A: [Interposing] 43.

Q: 43. And where do you reside? What city do you

reside in?

A: In Maryland, Ellicott--

Q: [Interposing] And what is the--

A: Ellicott City.

Q: Thank you. And on September 26, 2014, where did you


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DIRECT EXAMINATION OF W. RODRIGUEZ BY C. McNEICE 44

1 reside? What was your address at that time?

2 A: 3879 College Avenue, Ellicott City, Maryland 21043.

3 Q: And where is that in relationship to the home that

4 Ms. Driscoll lives in?

5 A: I was her neighbor in 2009.

6 Q: Okay, from 2009?

7 A: Yeah, I was her neighbor.

8 Q: Do you still live in that home?

9 A: I moved from one month ago.

10 Q: Okay.

11 A: To the same city.

12 Q: To another home in that same city1

13 A: Yeah, mm-hmm.

14 Q: Okay. And your home, where was it in proximity to

15 Ms. Driscoll's home?

16 A: It was super close because it used to be the same

17 property years ago.

18 Q: Okay.

19 A: So it was like the, I don't know, the guest house,

20 the farm house. So it was the same land at the beginning.

21 Q: All right. On the evening of September 26, 2014, at

22 about midnight did you exchange text messages with Patricia

23 Driscoll?

24 A: Yes. At night when I arrived with my husband I


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didn't see her car. And I texted her. At that moment she

told me that she left to where the race will be. And then she

called me back around, I don't know, 1:30 in the morning. I

was sleeping and I didn't respond to my cell phone because it

was on silent. And actually she called my husband and he woke

me up, and I reached my phone and I saw the messages, and I

called her back at that moment.

Q: Mm-hmm.

A: So she was scared, she was crying, so I said I am

going right now. So I went there to her house.

Q: I'm sorry, you said I'm going where?

A: To her house right now.

Q: Mm-hmm. Where was she when she was sending you this

message at about 1:30?

A: When was she?

THE COURT: Where?

Q: Where was she when she sent you this message at

about 1:30 in the morning?

A: No, I don't know exactly the time for the text

messages. I think that it was when she was driving back.

Q: Okay.

A: And she was telling me that they want to talk with

you. This is the way that we always--you know, when she had a

problem she called me and I always be there.


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Q: Okay. And do you recall the time she arrived home?

A: I think it was like 1:30 when I reached the phone

call.

Q: Okay. And you said you then went to her home; is

that correct?

A: Yeah, immediately.

Q: And was she home at that time?

A: Yes, yes.

Q: What did you see?

A: Well, I saw she was crying, in shock, and she told

me what happened there, and what he did to her. Yeah, she was

crying and crying and crying.

Q: Okay. What did she tell you about what had

happened?

A: Yeah, she told me that he grabbed her for her neck.

THE COURT: Who is the he, ma'am?

Q: Who is the he?

A: Kurt Busch.

Q: Kurt Busch?

A: Yeah. I'm sorry, my English is not perfect.

Q: Okay.

THE COURT: Ma'am, one thing that we need to be

really clear about--

A: [Interposing] Yeah.


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1 THE COURT: --is if you don't understand a

2 question it's okay to ask the Court and the attorneys for

3 some assistance and to rephrase it.

4 A: Okay.

5 THE COURT: If you believe that you need an

6 interpreter we can try to find one. Interpretation isn't

7 usually quite that quick, but we do have a telephone

8 interpretation service that we can use if we need to. So

9 do you believe that you need to have interpretation?

10 A: I think that I can--no, no, no.

11 THE COURT: Okay.

12 A: Maybe I don't know some word and I will ask what it

13 is.

14 THE COURT: Okay, yeah. If you don't

15 understand a question that any of the attorneys or the

16 Court asks you, please let us know and we'll make sure

17 that it gets rephrased so that you understand.

18 A: Absolutely. Thank you.

19 THE COURT: Thank you. Ms. McNeice?

20 Q: Again, let's start from the beginning. You said

21 that you entered the home and what did you see?

22 A: Well, she was--Patricia was crying. And she was in

23 shock, and crying and crying and crying. It was hard at the

24 beginning that she could tell me what's going on.


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Q: Mm-hmrn.

A: Actually I didn't understand anything by phone when

she was crying. So when I went there my husband stayed at

home. He called me back and said what's happened. And she

was crying but she will be okay. And we spent like an hour

talking at her house.

Q: Okay. And what did she tell you why she was--excuse

me. Did she tell you why she was crying?

A: Yeah, she told me that Kurt grabbed her for her

neck, and you know, the more things that she was telling me

was about she couldn't believe that he could do this to her.

Q: Okay.

A: You know, this--how do you say that--this physical

thing.

Q: So who couldn't believe that he would do that to

her?

A: She. She.

Q: She said she could not believe that?

A: Yeah.

Q: Did you have an opportunity to view her neck?

A: Yes, I did.

Q: What did you see?

A: I see a red neck and a spot and it was on the right

side close to her ear.


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1 Q: And what did this spot look like?

2 A: Well, red, dark spot. How do you call, bruises?

3 Q: Okay. And you said it was red, and what else did

4 you say about it?

5 A: Dark.

6 Q: Dark. A red dark spot, and specifically where was

7 that again?

8 A: Well, that I remember, it was on the right side,

9 because I was talking with her and I could see it.

10 Q: Okay. How long did you look at her neck?

11 A: Well, not too long.

12 Q: Okay. Did you look at any other part of her body

13 that night?

14 A:

15 spots.

16 Q:

17 A:

18 Q:

19 A:

20 Q:

21 A:

22 Q:

23 A:

24 Q:

The completely neck was like too red like little

Okay, and where were these little spots?

It was the complete neck, everywhere.

Tell me where they started.

Like here on this part of the chest.

And did they have a color?

It was completely red.

Oh. Completely.

Red. Red.

Okay. How long did you remain with her in her home


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1 that evening? Or that morning, I'm sorry?

2 A: Around one hour. Forty-five minutes, I don't know.

3 Q: And did you have an opportunity to observe her

4 behavior at the time you left the home?

5 A: She was a little bit better. I asked her if she

6 wanted me to stay and you will be okay? Do you need to sleep?

7 This is the last words that I said.

8 Q: Okay. Did you have an opportunity to feel any part

9 of her body while you were there?

10 A: To feel? Like to touch?

11 Q: Mm-hmm.

12 A: No, no.

13 Q: When was the last time you had seen Ms. Driscoll

14 prior to September 26th, or early in the morning on September

15 27th?

16 A: Well, I don't remember the exactly date, but it was

17 on the week. The same week.

18 Q: Okay.

19 A: It was Wednesday.

20 Q: During the week?

21 A: Yeah, during the week. Yes.

22 Q: And did you have an opportunity to view her neck on

23 Wednesday while you were with--saw her?

24 A: Normal. So I didn't pay attention of anything


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because it was normal.

Q: Okay. And you said that you stayed for about 45

minutes to an hour?

A: Yeah.

Q: And then where did you go?

A: To my house again.

Q: When did you next see Ms. Driscoll?

A: When? On July 2009.

Q: When did you see her? You said you went home, okay?

After an hour.

A: When I see her again?

Q: Yes. When did you next see her?

A: Okay, next day. The next day.

Q: The next day?

A: Yeah.

Q: What was that day?

A: Well, it was the same day actually because, but late

in the afternoon.

Q: Okay. Do you recall the time that you saw her in

the afternoon?

A: No, I don't recall the time but I remember that at

that time she was arriving with her mom. And my husband and I

were at the house changing coats.

Q: Changing?


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1 A: Coats to enter to the house.

2 Q: Okay.

3 A: I could say around I don't know 6:00 to--5:00 to

4 7:00. I'm not sure about the time.

5 Q: 5:00 to 7:00?

6 A: Yeah, I could say that, but I'm not sure.

7 Q: Okay.

8 A: I'm trying to remember if it was dark or not.

9 Q: Was anyone else with her besides her mother at that

10 time?

11 A: When they arrived?

12 Q: Mm-hmm.

13 A: Houston.

14 Q: Okay. Did you have an opportunity to view any part

15 of her body at that particular time?

16 A: When the day where we changed coats?

17 Q: Mm-hmm.

18 A: Well, I don't want to--you know, I just look and saw

19 she continued with the redness in her neck, but we didn't talk

20 about it.

21 Q: Okay.

22 A: So we changed coats and she stayed with her mom at

23 the house and we left.

24 Q: Okay. And do you recall if you saw her later after


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1 this day? On another day?

2 A: Yeah, when we were coming from church on Sunday.

3 Q: Okay.

4 A: They were outside, and I introduced my mom, my

5 husband to the mother.

6 Q: Okay.

7 A: And we talked a little bit.

8 Q: And what did you see at that time?

9 A: Well, she was devastated. She was sad, upset.

10 Q: Thank you. I have nothing further.

11 THE COURT: Mr. Hardin, Mr. Liguori, any cross

12 for this witness?

13 CROSS-EXAMINATION

14 BY MR. RUSTY HARDIN

15 Q: Good morning.

16 A: Good morning.

17 Q: I don't believe we've ever met or talked, you've

18 never met or talked to me before, have you?

19 A: No.

20 Q: I just have a few questions. Had you during the

21 time you were a neighbor known Mr. Busch? I mean, you had

22 seen Mr. Busch there before?

23 A:

24 Q:

Yes, yes, of course.

How often would you guess that you were around Mr.


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CROSS-EXAMINATION OF W. RODRIGUEZ BY R. HARDIN 54

Busch and Ms. Driscoll?

A: Well, eventually we shared some dinners, birthday

parties. I don't know how many times, but there was some time

at the pool.

Q: Was that over several years? For instance, I

believe you said you lived there from 2009?

A: Yeah.

Q: Okay. Do you remember which one of those years you

began to see Mr. Busch with Ms. Driscoll?

A: Since the first moment I think.

Q: All right.

A: Around 2011 I think it was.

Q: Okay. And you were around and at dinners both at

her house and--

A: [Interposing] And at our house.

Q: --at your house? And at your house.

A: Mm-hmm.

Q: And then did you sometimes see Houston?

A: Yes. Well, to play with my kids, yeah.

Q: How old are your children?

A: 17 and 13.

Q: And on this particular night when you say that you

later came over and saw her at the house ...

A: Mm-hmm.


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Q: Did I understand you that did she call you before

she left the house that night?

A: No, no. I texted her. I texted her and I saw that

she wasn't at horne. And she told me, we were talking by the

text, and she told me that she left to the place where the

race will be.

Q: Okay, what time do you think you texted her?

A: I arrived and it was dark. I don't know, maybe

8:00. I'm not sure about the time, but you can have the

record from my text. I don't keep this tracking.

Q: No, no, that's okay. But what, were you and your

husband horne that night?

A: Yeah, we arrived that night, and it was when I

texted her.

Q: Would you have been available if she wanted for you

to keep Houston while she went and ran an errand?

A: No, no, no. Houston wasn't with me.

Q: No, ma'am. But if she had asked you, would you have

been willing to keep him there?

A: Yeah, yeah. Yes, of course.

Q: Okay. And you could have because you were at horne

that night; is that correct?

A: Yeah. The problem with that is she by many

regulations that she has I think she won't that Houston spend


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1 the night with us. He only goes to play and very few days--

2 for example, if they need to leave for somewhere very early in

3 the morning they knock on the door like at 4:00 a.m. for

4 example, and the little one will stay with me until the school

5 day.

6 Q: All right.

7 A: But it is not usual that he will sleep at the house.

8 Q: But you would have been willing to?

9 A: Yeah, yeah.

10 Q: And on this particular day, or night rather--well,

11 maybe go back before. Before that night and during the time

12 that you, over the years when you were around Mr. Busch and

13 Ms. Driscoll together, how would you describe the way they

14 acted with each other?

15 A: He was a nice person. We wish her like they say

16 moments together. I can say that I hear some fights

17 sometimes, and I was with Patricia at the house and I left,

18 you know, and say I will come back later. Because I used to

19 help work with Patricia in the house.

20 Q:

21 . A:

22 Q:

23 A:

24 Q:

I see. When you say fights, what do you mean?

Well, when people complain.

Arguments?

Yeah, mm-hmm.

Would they--they would--one of them would get upset


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with the other? Is that what you mean?

A: I'm sorry, say it again.

Q: When you say fights I just want you to in your words

tell me what you mean.

A: Complain. If I say something back to you and you

respond back to me and maybe I cry and this kind of stuff.

Q: Like man and woman stuff?

A: Yeah. Yeah.

Q: When sometimes the man is upset with the woman;

sometimes the woman is upset with the man?

A: Yeah. I don't know. They didn't tell us because,

you know, I just--I think that it is not my thing. I left the

house.

Q: So when you say fights do you mean verbal

disagreements?

A: Yeah.

Q: Okay. You never saw any physical actions?

A: I didn't see it.

Q: Pardon?

A: I didn't see it, any physical.

Q: Did you like Mr. Busch?

A: Yeah.

Q: Was he always kind and gentle around you?

A: Yeah, he was kind.


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1 Q: Okay. And then that morning when you were called to

2 come over, did she say anything to you about that she had

3 already taken pictures?

4 A: No.

5 Q: Did you know whether she had taken pictures of

6 herself or not?

7 A: No.

8 Q: So if--do you have a cell phone?

9 A: Yes.

10 Q: You know how to take pictures with your cell phone,

11 right? You take pictures, don't you?

12 A: Sometimes when I don't have a mirror I take a

13 picture if I want see something, my hair or something.

14 Q: So if she had wanted you to take pictures of what

15 you described, you could have done that, right?

16 A: Say it again, please.

17 Q: If she had asked you to take pictures of herself

18 with her cell phone, you could have done that, right?

19 A: Yes. I could.

20 Q: But she didn't ask you to take pictures?

21 A: No.

22 Q: And of course, I know this is obvious, but you

23 weren't there in Delaware or here when whatever happened,

24 happened?


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1 A: No.

2 Q: And the only thing you know about what happened is

3 what Ms. Driscoll told you?

4 A: Yeah.

5 Q: You've never talked to Mr. Busch about it, have you?

6 A: After that, no.

7 Q: And you've never seen Mr. Busch since you say you

8 saw her that Wednesday before?

9 A: I don't remember if it was on Wednesday or Tuesday.

10 As I told you, I go to the--I used to go the house to help

11 with the house. So it can be Tuesday or Wednesday. I am not

12 sure about the day.

13 Q: When you say you would help at the house, do you

14 mean doing housecleaning or what?

15 A: Yeah, I open the house for the plumbing, the

16 electrician, people who come to clean the windows, everything.

17 Q: Okay. And that Tuesday or Wednesday when you saw

18 her, did she tell you anything about Mr. Busch had broken up

19 with her?

20 A: She told me that she had a fight. Well, wait I

21 don't know if I'm using the right word, I'm sorry. Like,

22 complain. But they used to have, so it's not the first time

23 that she told me that this happened.

24 Q: Yeah. And when you say that, you're talking about--


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1 when you say a fight, I want to go back to this--

2 A: [Interposing] Yeah, it's a--

3 Q: --do you mean an argument?

4 A: Argument, yeah. The correct word.

5 Q: Okay.

6 A: But for me it was normal because all the time when

7 he had a bad race they have this kind of--

8 Q: [Interposing] Argument?

9 A: --argument. Yes.

10 Q: And sometimes did you see her sometimes upset with

11 him?

12 A: Sometimes, I'm sorry?

13 Q: Did you see her sometimes upset with him?

14 A: She upset with him?

15 Q: Yes, but let me start.

16 A: Okay.

17 Q: Sometimes did you see him upset if he had a bad

18 race?

19 A: Yes. Yes.

Q:

21 something el~e?

22 A: Well, she--I didn't see her like upset. You know,

23 she deal with her problems, for me from my point of view--

24 Q: [Interposing] Sure. Sure.


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1 A: --very good.

2 Q: She what?

3 A: Deal with the problems.

4 Q: She dealt with the problems very well?

5 A: So I mean, when I say that, it's because when I have

6 something for me to speak I talk with her and she gives me the

7 right path to go. I mean, if your question is if I see her

8 upset with him, no, never. She is always lovely with him.

9 Q:

10 A:

11 Q:

12 A:

13 Q:

14 A:

15 Q:

16 A:

17 Q:

18 A:

19 Q:

20 A:

21 Q:

22 he?

23 A:

24 Q:

Okay.

And with me and with my family.

So as far as you're concerned she was very nice?

Yes.

Would that be fair?

Yeah.

And you consider her a very good friend?

Yeah.

All right. And then was Mr. Busch ever mean to you?

Every--what?

Was Mr. Busch ever mean to you?

Mean? No, no.

Mr. Busch was also always very nice to you, wasn't

Yeah. Yeah.

So you had--


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Driscoll Vs. Busch, Dec 17, 2014

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Transcript of Driscoll Vs. Busch, Dec 17, 2014