Jenkins Trial Testimony of Phil Grant

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REPORTER'S RECORD
VOLUME 7 OF 12 VOLUMES
TRIAL COURT CAUSE NO. 12-03-02579-CR
APPELLATE CASE NO. 14-13-00662-CR
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STATE OF TEXAS
) IN THE DISTRICT COURT

)
) MONTGOMERY COUNTY, TEXAS
)
)
)
) 359TH JUDICIAL DISTRICT
VS.
JAMES ALAN JENKINS,
DEFENDANT.
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*****
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***GUILT/INNOCENCE PHASE***
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*****
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On the 25th day of June, 2013, the following proceedings
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came on to be heard in the above-entitled and numbered cause
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before the Honorable John Stevens, Judge presiding, held in
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Conroe, Montgomery County, Texas;
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Proceedings reported by machine shorthand and

Computer-Aided Transcription.
Cassandra McCoy, CSR (936) 524-6305
359th Deputy Official Court Reporter
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A P P E A R A N C E S
FOR THE STATE:
Mr. Jonathan White
SBOT NO. 24054475
Mr. David Glickler
SBOT NO. 00787549
Attorney General Of Texas, Assistant Attorney Generals
PO BOX 12548
Austin, Texas 78711
(512) 475-2547
FOR THE DEFENDANT:
Mr. Audley H. Heath
SBOT NO. 09347400
Attorney at Law
609 Colquitt Street
Houston, Texas 77006
(713) 526-4221
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I N D E X
Volume 7
PAGE
VOL.
JUNE 25, 2013
Announcement.............................
Defendant's Motion in Limine.............

Court's Ruling...........................
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9
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7
Jury Sworn...............................
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Court's Instructions.....................
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Arraignment..............................
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Opening Statement by Mr. White...........

Opening Statement by Mr. Heath...........
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26
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7
12
STATE'S WITNESSES
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8
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10
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Direct
Cross
Voir Dire
James Stilwell.......
30, 72
117, 124
97, 119
Phil Grant...........
126, 137
130, 141
Dara Bowlin..........
142
168
Richard McDuffee.....
170, 200
206
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Vol.
7
19
Defendant's Motion for Mistrial..........

Court's Ruling...........................
204
204
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7
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Court Adjourned..........................
221
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Reporter's Certificate...................
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ALPHABETICAL INDEX
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3
DIRECT
CROSS
VOIR DIRE
VOL.
BOWLIN, DARA.........
142
168
GRANT, PHIL..........
126, 137
130, 141
MCDUFFEE, RICHARD....
170, 200
206
STILWELL, JAMES......
30, 72
117, 124
97, 119
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EXHIBIT INDEX
STATE'S
NO.
DESCRIPTION
OFFERED
ADMITTED
VOL.
WRUD Boundaries Map
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33
WRUD Board Election

Applications
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40
WRUD Election Records

Early Voting
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43
WRUD Election Records

May 8, 2010
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Photograph - Residence Inn
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47
Business Records Affidavit

Guest Records
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47
Voter Registration Change

Applications
54
54
Deed Records - Adrian Heath
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67
Deed Records - James Jenkins
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67
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Deed Records - Tom Curry
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67
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Deed Records - Bill Berntsen
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67
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Deed Records - Peter Goeddertz 67
67
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Deed Records - Richard

McDuffee
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67
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Deed Records - James and Sybil

Doyle
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67
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Deed Records - Roberta Cook
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67
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Deed Records - Peter Allison
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72
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Aerial Map
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Appraisal District
Homestead Exemptions
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81
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EXHIBIT INDEX CONTINUED
STATE'S
NO.
DESCRIPTION
OFFERED
ADMITTED
VOL.
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Business Records Affidavit

Guest Records July 26, 2011
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145
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Photos - Adrian Heath's Home
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94
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Photos - James Jenkins' Home
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79
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Photos - Thomas Curry's Home
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Photos - Bill Berntsen's Home 79
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Photos - Peter Goeddertz's

Home
79
79
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Photos - Sybil Doyle's Home
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79
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Photos - Roberta Cook's Home
79
79
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28
Photos - Ben and Robert

Allison's Home
79
79
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Photos - WRUD Civil Suit

Intervenors
189
190
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Montgomery County District

Attorney Letters
124
125
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Secretary of State Filings

World Wide Microsystems
154
154
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39
DPS Records - Adrian Heath
157
157
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40
DPS Records - James Jenkins
157
157
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DPS Records - Thomas Curry
157
157
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DPS Records - Bill Berntsen
157
157
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DPS Records - Peter Goeddertz 157
157
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DPS Records - Richard McDuffee 157
157
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DPS Records - Sybil Doyle
157
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10
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157

EXHIBIT INDEX CONTINUED
STATE'S
NO.
DESCRIPTION
OFFERED
ADMITTED
VOL.
46
DPS Records - Roberta Cook
157
157
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DPS Records - Ben Allison
157
157
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DPS Records - Robert Allison
157
157
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Texas Department of
Transportation Vehicle
Registration Records
166
166
Calendar
151
151
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51
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* denotes exhibits withdrawn or not admitted

(IN OPEN COURT; STATE, DEFENSE, AND DEFENDANT
PRESENT)
THE COURT:
to put on first, right --
MR. HEATH:
Yes, Your Honor.
THE COURT:
-- preliminary?
MR. HEATH:
Yes, Your Honor.
oral motion in limine.
Okay.
There's something y'all want
This will be an
Comes now James --
THE COURT:
Hold on.
Let me call the case.
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MR. HEATH:
Yes, Your Honor.
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THE COURT:
We recall 12-03-2579; The State of
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Texas versus James Alan Jenkins.
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attorney, Mr. Heath, and the State's attorneys are present.
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Go ahead.
The defendant and his
The Defense, Mr. Heath, you wanted to
put something on the record here before we begin?
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MR. HEATH:
I do, Your Honor.
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THE COURT:
Go ahead.
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MR. HEATH:
Prior to starting the State's
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case-in-chief, James Jenkins, by and through his attorney of
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record, Audley H. Heath, moves that the Court grant our motion
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in limine.
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And what we are asking that the Court limine
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would be a -- any conclusions of law or findings of fact
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rendered by Judge PK Reiter in the election contest case, which
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arose from the election in which Mr. Jenkins is alleged to have

illegally voted, that Court's findings and any opinion by the
appellate court justices who handled the appeal of that
election contest, and that was out of the Ninth District Court.
And I can provide you, I guess, Your Honor, with cause numbers
to both.
requested motion in limine.
My understanding is the State is not opposing that
THE COURT:
That's correct?
MR. WHITE:
That's correct, Your Honor.
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The
State does not plan to offer the specific findings of

fact/conclusions of law or the opinion of the appellate case.
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MR. HEATH:
And the grounds, therefore, and I
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think all parties agree, are that the standard -- not standard,
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the burden of proof is a different standard.
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convincing evidence in a lower court case and -- in the
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election contest and it is by beyond a reasonable doubt here in
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court.
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It's by clear and
And we'd ask the Court to grant that, Your

Honor.
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THE COURT:
What says the State?
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MR. WHITE:
State's not opposed to that, Your
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THE COURT:
All right.
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MR. HEATH:
Thank you, Your Honor.
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MR. GLICKLER:
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Honor.
It's granted.
I want the record to reflect that
in the middle of that, I stepped outside to inform our first

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witness, who is Mr. Stilwell, of the motion in limine.
understands it.
THE COURT:
Okay.
He
Thank you.
I don't think you need to put anymore
descriptions.
I believe we all understand the case number, the
case name, where the case proceeded in trial court and on
appeal, but that was in an election --
MR. HEATH:
Contest.
THE COURT:
-- contest case and that, as you've
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pointed out, the burden of proof was different than it is here
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in this criminal case.
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motion is granted.
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to bring that up at any time and we need to revisit this, just
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approach the Bench outside the jury's hearing so they can -- so
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we can take that matter up.
So, without objection, again, your
And if the State feels though that you need
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(PAUSE)
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THE COURT:
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THE BAILIFF:
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(JURY PRESENT)
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THE COURT:
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THE JURY:
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THE COURT:
All right.
Bring the jury in.
All rise for the jury.
Good morning to all of you.

Good morning.
Ladies and gentlemen, the first
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thing we're going to do is swear you-all in as jurors in this
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case.
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So, please raise your right hands.

(JURY SWORN)
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THE COURT:
Ladies and gentlemen, by the oath
that you have just taken as jurors, you have now become
officials of this court and active participants in the public
administration of justice.
hear the proceedings, please raise your hand.
sure that you hear and see all the evidence as it is presented.
If at any time you cannot clearly

We want to make
Now, please remember no one may discuss this
case with you during your service as jurors; and, likewise,
don't be offended if you happen to run into the attorneys in
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the hallway and the elevator and they do little more than nod
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to you.
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prohibits them from discussing matters about this case with you
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until you are released from duty as jurors.
To maintain the integrity of the jury system, the law
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If someone does contact you or tries to contact
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you about this case while you are jurors, please report that
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fact to one of our bailiffs.
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And while you are jurors, please do not discuss
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the evidence in this case with your fellow jurors until you go
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back to deliberate at the conclusion of the case.
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discuss this case with your spouse, significant other, your
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friends, or anyone else until you are discharged at the end of
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the case.
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And do not
And again, remember, you are not permitted to
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read any newspaper articles about this trial or watch
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television or listen to any radio reports that may discuss this

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case while you are jurors.
And I notice some of you have some note-taking
material.
that, those are for your personal purposes only.
show them to your fellow jurors nor can you mention in the jury
room that they are indicative of some particular matter.
can be used only to refresh your own personal memory of what
you may have recorded.
You may take notes if you wish.
If you choose to do
You may not
They
And also, during opening statements and final
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arguments, when the lawyers are doing their arguments, please
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do not take notes.
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Listen intently though, okay.
Now, take a moment to make sure that your cell
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phones are turned off.
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deliberation room, please make sure that you don't make any
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calls or texts or message to anyone.
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outside the deliberation room with anyone.
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make a phone call at any time while you are in the deliberation
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room, let us know and we'll make sure that you get that call
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made.
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And while you are jurors and in the
You can't communicate

And if you need to
Now, do not go to any of the locations referred
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to by the witnesses in the case nor perform any type of
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individual investigation of the facts of this case.
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hear all the evidence here in the courtroom.
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not look in books, encyclopedias, or dictionaries, or go to the
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library or review courthouse records in order to obtain

You will
And likewise, do
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information over and above what is presented to you during the
trial.
Now, your oath states that you will render a
verdict only on the evidence submitted to you under the Court's
legal rulings.
of the testimony of witnesses who will be testifying from that
witness chair.
physical objects or documents, which are called exhibits.
And the evidence you may consider will consist
Evidence may also be presented in the form of
Now, during a trial, objections are made.
Those
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are normal and customary procedures in litigation.
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objection is made, I must rule on it.
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attorneys is questioning a witness, the other attorney objects.
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If I overrule the objection, then the witness will answer the
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question.
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When an
Let's say one of the
If I sustain the objection to a question, it may
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be asked in a different manner that fits better within the
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Rules of Evidence because we're following several sets of
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rules:
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Procedure, and the Texas Penal Code, and other laws that the
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Legislature has enacted.
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process and a trial process.
The Texas Rules of Evidence, the Texas Code of Criminal
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All that becomes part of a litigation
Now, let's say there's an object like a pen
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that's moved into evidence by one of the lawyers.
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lawyer, let's say, objects.
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withdrawn.
The other
If I sustain the objection, it's
If I overrule it, then it's admitted.

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And again, items can be admitted at a later time
in a different way that may fit the Rules of Evidence more
properly if the Court sustains early.
Also, from time to time, I may make instruc- --
I may give you instructions of law.
I'm going to give you what's called a jury charge; and that is
right before the lawyers do their arguments.
charge is a compilation of all the law that's relevant in this
case for your deliberations.
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At the end of the trial,
And the jury
But if during the course of the trial I give you
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an instruction, make sure that you follow that instruction
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because, by your oath, the law that I provide to you, you must
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follow.
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However, each of you gets to determine what the
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facts are.
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credibility of the witnesses and how much weight to be given
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the testimony of the witnesses.
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And in doing so, you determine and evaluate the
In considering the weight and the value of the
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testimony of witnesses, you may consider their appearance,
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their attitude, their behavior, their interest in the outcome
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of the case, their relationship to one party or the other, the
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inclination of the witness to tell the truth, the probability
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or improbability of their statements, and you can draw
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reasonable inferences from the statements of witnesses; and you
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can use all other factors you feel will help you in giving the
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testimony of the witness the degree of credibility that you
feel deserves.
Now, the trial is going to proceed in the
following manner:
In just a moment, I'm going to ask the
prosecutors to read the indictment and the defendant shall
plead to the indictment.
to make opening statements.
what they expect the evidence will show.
Texas will present witnesses and call witnesses and examine
Then the lawyers get to -- a chance

And these are brief summaries of
Then the State of
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those witnesses.
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the State, the Defense has a fair opportunity to cross-examine
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those witnesses.
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After each witness is called and examined by
And sometime during this trial when the State is
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completed presenting its case, you will hear something to the
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effect of:
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And then the Defense has an opportunity to

present any evidence.
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At this time, the State rests.
However, remember that a defendant is never

required to prove his innocence.
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If witnesses are called by the Defense, the
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State has a fair opportunity to cross-examine those witnesses
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as well.
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And when all parties are presented -- have
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finished presenting their evidence, I will read to you the jury
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charge, then the lawyers will make final arguments, and you
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will go back together to deliberate on this case.
At all times, it is your foremost responsibility
to make certain that justice is done in this case in accordance
with the law given to you and the evidence presented.
All right.
At this time, I'm going to ask the
State of Texas to present the indictment and the defendant
shall rise.
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MR. WHITE:
the State of Texas:
"In the name and by the authority of
The grand jury, for the County of
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Montgomery, State of Texas, duly selected, empaneled, sworn,
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charged, and organized as such by the 9th Judicial District
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Court for said County, upon their oaths present in and to said
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court that James Alan Jenkins, hereinafter styled defendant, on
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or about May 8, 2010, and before the presentment of this
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indictment, in the County and State aforesaid, did then and
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there vote in an election in which the defendant knew he was
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not eligible to vote; to-wit, defendant voted in the May 8,
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2010 Woodlands Road Utility District Board of Directors'
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election, when he knew that he did not reside in the precinct
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to which he voted.
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"Against the peace and dignity of the State.
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"Signed foreperson of the grand jury."
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THE COURT:
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to the indictment, guilty or not guilty?
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James Alan Jenkins, how do you plead
THE DEFENDANT:
Not guilty.

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THE COURT:
record and you may be seated.
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Not guilty will be entered into the
All right.
At this time, I'm going to ask the
attorneys to make their opening statements if they wish.
And the State of Texas may move forward.
MR. WHITE:
THE COURT:
And, ladies and gentlemen, opening
statements, again, the lawyers have a reasonable amount of time
to make those.
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So, you may proceed, sir.
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MR. WHITE:
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Ladies and gentlemen of the jury, we spent time
May it please the Court, counsel.
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talking about residence yesterday.
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in the state of Texas, if you boil it all down, is vote where
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you live.
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And the general principle
Don't vote where you don't live.

Now, Mr. Jenkins is not a student.
solider.
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He's not a
And he's not a snowbird.

He's a married man that owns a home, 4,500
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square foot home, in The Woodlands outside of the Road Utility
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District.
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he splits his time fifty-fifty in each one.
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And he stayed the night of the election in a hotel inside the
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Road Utility District in order to vote in that election and
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manipulate the outcome of that election.
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And it's not a situation where he owns two homes and

He owns one home.
Three of his associates ran for Board for the

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Board of Directors of the Road Utility District as candidates.
And the scheme that Mr. Jenkins concocted was to elect them to
the majority of the Board and take control of the Road Utility
District.
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What is the Road Utility District?
I think we
all want to know.
The Road Utility District is a government
entity.
It was established by Congress -- or by the
Legislature of the state of Texas in 1991 for the purpose of
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creating and maintaining the roads in The Woodlands area, very
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specific area, inside of The Woodlands Township.
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business district.
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entirely commercial and that was by design.
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It's commercial properties.
It's a
Almost
The intent of the Road Utility District was not
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to tax residents for the roads that people drove on that
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benefited the commercial properties and the businesses in the
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area that brought people from outside of The Woodlands into it,
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into these businesses.
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that benefited from those roads.
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The purposes was to tax the businesses
However, Mr. Jenkins did not like the idea of a
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taxing authority that didn't answer to voters.
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group, concocted a scheme to take over the RUD.
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what he did.
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So, he, the

And that was
The three members of the group that ran for the

Board of Directors were Pete Goeddertz, Rick McDuffee, and Bill
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Berntsen.
And the scheme began in March when those three
filed their applications to become candidates for Board of
Directors.
believe Mr. Jenkins changed their voter registration to 9333
Six Pines Drive, which is a Residence Inn, a Marriott Residence
Inn.
And then rest of the group came on board.
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9
And those voter registrations were exchanged at

the beginning of April, which is ironically very close to April
10
Fools' Day.
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purposefully chosen.
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The Residence Inn was chosen by -- it was

A little play on words.
Residence Inn.
And what's important about it is when
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Mr. Jenkins and the others declared the residence on these
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voter registration applications, they swore under the penalty
15
of perjury that that is where they lived.
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night in that hotel at the time that they swore to that
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information.
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They never stayed a
And on the document, it says it is a crime to
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give false information in order to procure a voter
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registration, which is exactly what the defendant did.
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There's no dispute, there's never a room rented
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by Mr. Jenkins prior to the night of the election.
First night
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he ever stayed in the hotel.
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was the requirement by law to register at least 30 days prior
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to the election and then stayed the night of the election.
Registered 30 days before, which

20
The day after the election, cleared out of the
hotel never to return until something happened.
might imagine, the scheme that temporarily hijacked the RUD,
raised a few eyebrows.
Well, as you
It didn't go unnoticed and fraud was expected.
There was a temporary injunction that froze the results of the
election so that the three members of Mr. Jenkins' group did
not take their seats on the Board.
9
10
So, the mission to take over the RUD was not

accomplished.
11
It wasn't completed.
What Mr. Jenkins -- what the defendants did,
12
they inserted themselves into the lawsuit.
13
intervenors.
14
They filed as
MR. HEATH:
Your Honor, may we approach the
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THE COURT:
Okay.
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(AT THE BENCH, ON THE RECORD)
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MR. HEATH:
15
Bench?
We're getting into the -- without
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approaching the Bench, we're getting into the election contest.
20
He's already talked about it.
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MR. WHITE:
My understanding was that we're not
22
talking about the findings of fact and conclusions of law of
23
the contest or of the opinion of the appellate court.
24
don't intend to do that.
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MR. HEATH:
And I
Well, he's already gone through what

21
the results were.
He told them what the result was.
THE COURT:
No, he hasn't.
MR. HEATH:
They were not able to succeed in
supplanting the Board.
MR. WHITE:
That was because the vote was
MR. HEATH:
He's already talking about the --
THE COURT:
He wants -- we want the jury to be
frozen.
making a decision based upon what they hear here and the
10
evidence presented and not pouring over decisions that were
11
made by other authorities.
12
MR. WHITE:
Absolutely.
That's exactly what I'm
13
going to go in to.
14
out of it completely.
15
counting the ballots, certifying the election, was the reason
16
that they took -- that Jenkins and the group took actions later
17
on renting additional hotel rooms.
18
19
I'm going to leave the Court's decisions

The fact that they were stalled from
MR. HEATH:
He's talking about the intervention
in the election, Your Honor.
20
THE COURT:
He has a fair opportunity to present
21
what he feels like is the evidence to prove the case which may
22
involved things that exist before, during, and after the
23
election.
24
that motion, that was made by the Defense in limine.
25
-- I'd rather the implication not be the jury -- that some
And I'm going to give him a fair opportunity; but

I don't
22
favorable --
MR. WHITE:
Absolutely.
THE COURT:
-- for your side.
MR. HEATH:
My objection at this point in time
is, to me, that's the only inference that can be drawn.
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7
THE COURT:
And I
think there are other inferences to be drawn.
8
9
Well, you've -- I disagree.
But you be careful.
You're getting close to an
area that I think it is objectionable and is not fair.
10
Go ahead.
11
MR. GLICKLER:
The only thing I would add is
12
that until that lawsuit was filed, Mr. Jenkins stayed in that
13
hotel one night.
14
point out that he stayed in the hotel multiple times
15
afterwards.
16
that lawsuit was filed, that's when they went back to the
17
hotel.
18
And he spoke last week.
He said he wants to
But the point is, the aggravated fact that once
THE COURT:
Well, just because litigation might
19
have representation, I think that people -- I don't think that
20
that's --
21
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MR. GLICKLER:
to show that.
23
24
25
I believe the evidence is going
THE COURT:
I think just the outcome of the
MR. WHITE:
Absolutely.
litigation --

23
THE COURT:
-- stay away.
MR. WHITE:
I'm not going to touch it.
(IN THE HEARING OF THE COURTROOM)
THE COURT:
Thank you, ladies and gentlemen, for bearing
6
7
You may proceed.
with us.
MR. WHITE:
Because the election results were
frozen and the vote wasn't canvassed, as they called it, and
the votes weren't certified, this scheme to take over the RUD
10
was not completed.
11
themselves and tried to intervene to get their votes counted.
12
So, the defendant and his group asserted
And in so doing, they got together and made a
13
plan and came up with additional things that they thought,
14
well, we better go back and cover our tracks; we better rent
15
some extra nights at the hotel; we better make an appearance
16
there and say hello to the staff, drop in even if we didn't
17
have rooms rented; take photos.
18
all of that evidence.
19
You're going to see and hear
There are members of this group that have
20
decided to no longer affiliate with the group and they're going
21
to testify in this case about what happened.
22
thought the ends justified the means at the time, these
23
witnesses will agree that there were other ways to go about
24
what this group did.
25
Though they
And the evidence will show that despite all of

24
the legal remedies that may have been available to Mr. Jenkins,
what he chose to do was to engage in an illegal voting scheme
rather than request records trying to bring -- to try to see
what was there, investigate, try to bring it out if there was
anything inappropriate.
try and cheat the system.
going to show.
8
9
He chose to manipulate the vote, to

And that's what the evidence is
In addition, this group, while they were in the

process of trying to get their votes counted, they did things
10
to try to make it appear not only that they were living in the
11
hotel as guests and renting rooms, splitting them between a
12
number of them, they also hid their personal belongings at
13
their house, packed things in boxes.
14
them put their house on the market for a price that it wouldn't
15
sell for.
16
panel, to make it appear when parties went through and the took
17
photos of the homes that they were not living in the home.
18
They tried to make it appear that way.
19
They -- one or two of
They cut the power of their house, the breaker
You're going to be able to see those photos of
20
the inside of their homes that were taken right around this
21
time these things were happening.
22
And I guess the question still probably remains:
23
Why?
24
to take over the RUD?
25
Why did they do it?
Why to take over the RUD?
But why
Mr. Jenkins and his group of people are

25
political activist and they are actively looking for causes to
get involved in.
being taxed by the RUD, for the roads that are built and
maintained to the benefit of those businesses and commercial
properties that exists inside the RUD, he perceived some
problem with this tax war as I said earlier and felt that it
was his duty and his group to go in and take it over.
8
9
10
And despite not living inside the RUD, not
You will have an opportunity to hear from the

Road Utility District as well.
You can hear both sides of the
story, determine which group is more credible.
11
The State doesn't have a dog in that fight.
12
But at the end of all the evidence, you will
13
find that the defendant went to this hotel for temporary
14
purposes only.
15
and manipulate the outcome of this election and elect three of
16
the members of his group to the Board and take over the Road
17
Utility District.
18
And the purpose was to vote in this election
And do what?
Shut it down.
In this case, activism of this group crossed the
19
line into lawlessness.
20
criminal implications of this.
21
letter by the DA's office here.
22
voters had registered to vote in a district that has no
23
residents.
24
25
Mr. Jenkins was fully aware of the

He was even sent a warning
The DA was informed that
They sent the letter out informing them of the

law, directing him to the election code.
But the evidence will

26
show that defendant purposefully ignored the law, the law that
we talked about yesterday in voir dire.
3
4
He cheated the system.
He knew exactly what he
was doing.
And at the close of evidence, you'll find the
defendant guilty of violating perhaps the most important
process you have as free Americans and you'll hold him
responsible for illegal voting.
9
10
THE COURT:
opening statement now?
11
12
Mr. Heath, do you want to make an
MR. HEATH:
Your Honor, may it please the Court,
I'll go ahead and make an opening statement now.
13
THE COURT:
Go ahead.
14
MR. HEATH:
Ladies and gentlemen of the jury,
15
Mr. Jenkins, as he sits in that chair today as the accused
16
citizen, took a journey just like his forefathers took a
17
journey across the big ocean to come to a country where one
18
person had one vote.
19
had the right to choose where they reside.
20
not some governmental entity, chooses where they reside.
21
One person.
One vote.
Where a person, and
Now, the facts in this case and the issues in
22
this case are of fundamental importance.
23
right to vote.
24
residence.
25
Where a person
They resonate on the
They resonate on the right to choose your
And if you'll recall in our voir dire, one of

27
the prospective jurors was an election judge.
residence is where you register --
And he said your
MR. WHITE:
Objection.
THE COURT:
Hold on.
MR. WHITE:
Your Honor, this is not evidence.
There's an objection.
This would be improper statement.
MR. HEATH:
I anticipate, Your Honor, in this
case that witnesses will testify to that fact.
officials will testify to that fact.
Governmental
10
Now, the inference that Mr. Jenkins willy-nilly
11
made the decision to vote in this election, after you hear the
12
witnesses from the Defense, is totally unfounded.
13
Jenkins and the other individuals that voted in this RUD
14
election did was engage themselves in the political process
15
which is how you make change in America.
16
And you know what?
17
when you hear the evidence in this case, system.
18
the system.
19
what was the system.
20
enhancing a commercial district.
21
What Mr.
I want you to think about,

Think about
Think about, as you're listening to the evidence,

A RUD established for the purposes of
The evidence will show Mr. Jenkins had no dog in
22
the hunt with respect to any monetary gain.
But the only gain
23
was to be engaged in the political process and to right what he
24
perceived to be a wrong and to do it within the confines of the
25
law as that law has been propounded, created by the courts, by

28
1
2
the governmental agencies that control the voting process.

And at the end of all of the evidence, you will
have but one conclusion; and that is, it is fundamentally wrong
to find an individual guilty of engaging in the most precious
right that they have and in choosing where their residence is
for voting purposes.
And at the end of the evidence, there will be
one verdict that will be reasonable and that will be right; and
that is not guilty of this offense.
10
11
12
13
And with that, I'll sit down and look forward

with working with you.
THE COURT:
And the State would call its first
witness, please.
14
MR. WHITE:
State calls James Stilwell.
15
MR. HEATH:
At this time, Your Honor, the
16
17
18
19
Defense would ask that the rule be invoked.

THE COURT:
All right.
The parties can get the
witnesses who are close by, please.

Ladies and gentlemen, you've heard, "the rule."
20
And it's the rule of sequestration or exclusion of witnesses.
21
It's generally done at the beginning of the case.
22
can invoke the rule.
23
Either party
What's going to happen is, I'm going to ask the
24
people to come forward who are close by, swear them in at one
25
time, and then essentially instruct them to stay outside while

29
other witnesses testify and do not discuss their testimony with
others.
3
4
Is this it?
Is he the only -- anybody else
outside close by?
MR. GLICKLER:
THE COURT:
Nobody, Your Honor.
All right.
hand, sir.
(WITNESS SWORN)
THE COURT:
10
Please raise your right
Please lower your hand.
The rule of sequestration or exclusion of
11
witnesses has been invoked.
12
and the other witnesses will be instructed to remain outside in
13
the courtroom -- outside the courtroom and do not discuss this
14
case with anyone except the attorneys.
15
forth for your testimony and the other witnesses will be by the
16
bailiffs when we are ready.
17
And what that means, sir, is you
You will be summoned
Please do not read or listen to any report or
18
the testimony in this case until you are finally released as a
19
witness in this case.
20
And you may be seated, sir.
21
MR. STILWELL:
22
THE COURT:
Thank you.
And also, the other witnesses, and
23
there may be few or many, I don't know, but the lawyers are
24
held accountable to making sure that they know the instructions
25
of the Court on the rule that I just issued, all right?

30
Thank you.
2
3
JAMES STILWELL,
having been first duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. WHITE:
Q.
Morning, Mr. Stilwell.
A.
Good morning.
Q.
Could you please introduce yourself to the jury.
A.
Sure.
My name is James Howard Stilwell.
10
attorney with the law firm of Martin & Stilwell.
11
Woodlands, back part of The Woodlands.
12
13
Q.
And I'm an
I live in The
And could you spell your last name for the court
reporter?
14
A.
Sure.
15
Q.
I've made the mistake with two L's, so I want to save
16
It's S-T-I-L-W-E-L-L.
everybody else the embarrassment.
17
A.
It's okay.
18
Q.
Mr. Stilwell, what's your background in terms of your
19
20
I recognize either one.
It's frequent.
legal practice in The Woodlands?

A.
Sure.
I have been licensed as an attorney for
21
approximately 18 years.
22
Montgomery County in 1995 after graduating from the University
23
of Texas School of Law.
24
the years, but all generally located in The Woodlands, Texas.
25
Q.
I began my practice of law in
I have been in a variety of firms over
And in terms of your practice inside The Woodlands,

31
what does that involve?
A.
I am generally a civil trial attorney.
I handle all
kinds of civil trial matters that are not family-oriented, but
commercial litigation and a variety of other cases, real estate
and otherwise.
6
7
Q.
issues, have you had dealings with The Woodlands Township?
8
9
A.
I am very familiar with The Woodlands Township.
They
have not ever been a client of mine.
10
11
And in your practice involving real estate and other
Q.
Okay.
And do you have a relationship with The
Woodlands Road Utility District to some degree; is that right?
12
A.
I am also very familiar with The Woodlands Road
13
Utility District although it has also never been a client of
14
mine.
15
16
17
Q.
And explain what -- who your clients were in relation
to The Woodlands Road Utility District or the RUD?

A.
Certainly.
I was involved in a civil matter
18
regarding an election that took place --
19
MR. HEATH:
Your Honor, may we approach the
21
THE COURT:
All right.
22
23
MR. HEATH:
20
24
25
Bench?
We're getting ready to go right down
the path of the election contest.

THE COURT:
What are we doing?

I don't know.
32
MR. WHITE:
Background.
MR. HEATH:
He just said he was involved as an
attorney in the election contest.
4
5
MR. WHITE:
and findings.
We're not going into the conclusions
Absolutely not.
THE COURT:
All right.
MR. GLICKLER:
The motion in limine wasn't that
we can't mention that there was a suit or a trial.
in limine was that we can't mention the results or verdict or
10
that there was no finding.
11
12
THE COURT:
The motion
We're not doing that.

I understand.
So, maybe your
objection is premature.
13
MR. HEATH:
Yes, Your Honor.
14
THE COURT:
I don't think it's objectionable
15
yet.
16
17
THE COURT:
18
19
20
Q.
(BY MR. WHITE)
A.
Yes.
25
I was a civil attorney -MR. HEATH:
Objection, Your Honor.
THE COURT:
Overrule.
Unresponsive.
23
24
You were answering a question about
your involvement with the Road Utility District.
21
22
You may proceed.
A.
Go ahead.
-- representing three candidates for election to the
Road Utility District.
My specific clients' names were Bill

33
1
2
3
4
Neill; Gene Miller; and Winton, he goes by Buck, Davenport.

Q.
And tell us, Mr. Stilwell, if you can, what is the

A.
The Woodlands Road Utility District is a special
branch of the government that was created to do road projects
on roads in and around The Woodlands, Texas.
Q.
And what geographic area does the RUD cover?
A.
Generally -- it is principally composed roads, major
roads inside the area that we think of as The Woodlands.
It
10
also includes some commercial property that is tax space.
11
principally, the bounds of the District are major roadways in
12
The Woodlands area.
13
MR. WHITE:
At this time, the State would offer
14
State's Exhibit 1 which is a certified copy of the map, the
15
boundaries of The Woodlands Road Utility District.
16
17
MR. HEATH:
Your Honor.
20
Yes, this has been provided to us,
We have no objection to it.
18
19
THE COURT:
State's Exhibit 1 is admitted
without objection.
Q.
(BY MR. WHITE)
What does this show us, Mr. Stilwell,
21
about the borders of this region?
22
that people who have driven through The Woodlands might
23
understand where the Road Utility District is?
24
25
But
A.
Sure.
Can we explain this in terms
I'll do my best.
On the right side of the diagram, you'll see
34
Interstate 45 going up towards Conroe.
that you see along Interstate 45, kind of in the middle of the
right-hand side of the map, is what you think of as The
Woodlands Town Center, the location where the mall, the
Pavilion, and other areas and kind of downtown Woodlands are.
The dark shaded area
And then as you come toward from the right-hand
side of the map towards the left-hand side of your map on the
bottom edge of that dark gray area, you see Woodlands Parkway
and it carries from I-45 all the way out to FM 2978.
Woodlands
10
Parkway is one of the roads that, and you'll see it's kind of
11
got a darker color of the map, that's within the bounds of The
12
Woodlands Road Utility District.
13
If you go all the way along Woodlands Parkway
14
out to the left-hand edge of the map at FM 2978, you'll see
15
another kind of block out there on the left-hand side of the
16
map.
17
Parkway is and the associated shops that are around that area.
That's where the large Wal-Mart at the end of Woodlands
18
If you come back again towards the right, you'll
19
see a couple of other blocks along Kuykendahl Road, which is
20
the next one to your right.
21
Center.
22
tax space of the Road Utility District along with some of that
23
Kuykendahl Road portion that you see going up to FM 1488.
24
25
That's the Indian Springs Shopping
Again, another commercial location that is part of the
If you again move it towards your right, you'll

come to Gosling Road and you'll see another block.
That
35
location, the Gosling Road and Woodlands Parkway is part of
your Panther Creek Shopping Center.
space that's part of the Road Utility District.
Again, commercial tax
If you head slightly north of Woodlands Parkway,
you'll see another dark line that goes all the way from I-45
across and intersects with Kuykendahl Road.
Woodlands.
lake in The Woodlands called Lake Woodlands.
That's Lake
Lake Woodlands is the road that crosses the actual
Slightly north of that, another kind of
10
east/west corridor is the Research Forest Drive.
11
road that is within the bounds of the Road Utility District.
12
It is also a
And you'll see along Research Forest Drive, kind
13
of an extension of that block of shaded area, that -- and you
14
even see a little red dot where they were annexing and
15
additional parcel into the Road Utility District.
16
that's commercial properties.
17
along the Research Forest corridor.
18
Again,
A lot of those are businesses
And then you'll see slightly north on the north
19
edge of the map, or the topside of the page, the blocks at
20
Research Forest and College Park Drive, also known as 242.
21
That has several of the commercial properties along that area
22
including St. Luke's Hospital.
23
that location and a variety of shops that are kind of along
24
that College Park Drive area there close to I-45.
25
Q.
There's another Wal-Mart in
Thank you for that very thorough answer.

And you
36
mention that these are commercial properties in this District
primarily; is that correct?
3
4
A.
They are principally commercial properties.
That's
correct.
Q.
And was that by design?
A.
That was by design.
Q.
And what was the purpose of that?
A.
I mean, generally if the purpose of the District is
to make sure that there are good roads and that road projects
10
can be performed, you have to have a tax base that would allow
11
for the raising of funds to do those road projects.
12
to live and drive on roads, somebody has got to pay for them.
13
And the Road District projects are funded by the commercial
14
property tax space that is located within the bounds of the
15
District.
Okay.
If we want
16
Q.
Does the entire RUD lie within Montgomery
17
County?
18
A.
Yes, it does.
19
Q.
And did the election in 2010, the May 8th Board of
20
Directors' Election, actually take place also in Montgomery
21
County?
22
A.
Yes, it did.
23
Q.
Explain the structure of the Board of Directors,
24
please, and how the management of the Road Utility District
25
works.
37
A.
Sure.
The Road Utility District, we call it the RUD,
is governed by a board of directors.
elected.
directors.
were elected in odd-numbered years.
6
7
8
9
10
Q.
The Board of Directors is
At the time of the May 2010 election, there were five

Three were elected in even-numbered years.
Two
And in the 2010 election, how many directors were up
for...
A.
There were three slots that were up for election,
which was the majority of the Board.

Q.
I'd like to take a quick step back if I could and ask
11
you this, which is -- correct me if I'm wrong, but most cities
12
or municipalities take care of their own roads and don't have
13
road utility districts.
14
A.
Okay.
Why is The Woodlands different?
You are correct that most cities have
15
jurisdiction over the roads within the bounds of the
16
municipality, but The Woodlands is not a city.
17
incorporated as a city.
18
it was governed, by a special governmental entity called The
19
Woodlands Township.
20
jurisdiction over roads or road projects.
21
It is not
It is currently governed, at the time
But The Woodlands Township did not have
Instead, the special governmental entity that's
22
known as The Woodlands Road Utility District for those roads
23
and for the projects that they took on, had those
24
responsibilities, the county roads; and so, the county,
25
likewise, takes part in road projects and maintenance and

38
1
2
upkeep of roads in the area that we think of as The Woodlands.

Q.
Are there other services as well that are provided
for by -- that would typically be provided for by a city or
municipality?
A.
Certainly.
Q.
Which -- which services do The Woodlands have that
7
8
9
Cities provide all kinds of services.
are specially provided for by utility districts?

A.
Well, a classic example, most municipalities are in
the water business; that is, they provide water and sewer
10
service.
In The Woodlands, the Township has no involvement
11
with water and sewer service.
12
by Municipal Utility Districts, sometimes called MUDS.
13
talking about a Road Utility District or a RUD.
14
sewer service is provided for by Municipal Utility Districts
15
called MUDS.
16
Q.
Okay.
17
A.
The Municipal Utility District services are paid for
Those are generally provided for

We are
But water and
That's an example.
And how are those services paid for?
18
two different ways.
19
water.
20
so, in part, you're paying for the cost of the water through
21
your water bill.
22
One is that the residents who consume
You know when you use water, you pay a water bill.
And
But the municipal utility districts also have
23
the ability to tax.
And we do pay a MUD tax.
They also have
24
the ability to raise funds for putting in the water
25
infrastructure through bonds.
And they sell bonds and use the

39
taxes to pay back the bonds.
2
3
Q.
In the case of the Road Utility District is it a
similar process?
A.
It's a similar process although we don't pay for the
use of the roads like we pay for the use of the water.
don't have tolls that we pay on any of the roads that are
within the bounds of the Road Utility District.
8
9
Q.
We
And who pays for the roads -- who pays the taxes that
pay for the roads and the maintenance of the roads?
10
A.
That's the commercial property that's inside of the
11
bounds of the District is taxed and those taxes help pay back
12
the bonds that are sold to do the road projects.
13
Q.
And going back to the 2010 Board of Directors'
14
election, do you recall if there was an election required at
15
the previous term?
16
17
A.
There had not been a previous contested election in
my recollection.
18
Q.
And could you explain what a contested election is?
19
A.
Certainly.
When the time comes around for filing for
20
an election for the Road Utility District, under state law if
21
multiple people do not file for the same office; that is, if
22
there isn't a contested election; that is, multiple people
23
aren't running, then there are is no need to actually have the
24
election.
25
vote.
That is, if it is uncontested, no need to have the

40
Q.
And is that by state law or is that just practice?
A.
That is state law.
Q.
So, if the law does not require election unless there
is a contested election, are we to concluded that in 2010 there
was, in fact, a contested election?
6
7
A.
In 2010, the May 2010 election, there were multiple
people running for the three slots.
8
9
10
MR. WHITE:
State's Exhibit 2, which is a certified record of The Woodlands

11
12
MR. HEATH:
Your Honor.
13
14
15
16
We have no objection to it.

THE COURT:
Q.
We've been provided this previously,
(BY MR. WHITE)
It's admitted.
Mr. Stilwell, what am I showing you
here on the overhead?

A.
The page that is up on the overhead is an application
17
for a place on the May 2010 Road Utility District ballot.
18
it is in particular the application of Bill Berntsen for the
19
position of the Board of Directors of The Woodlands Road
20
Utility District.
21
22
23
Q.
And
And what is the permanent residence address that's
listed for Mr. Berntsen?

A.
If you look at, I guess, about the third handwritten
24
block down, you'll see that permanent residence address block
25
and it's identified as 32 North Rain Forest Court, The

41
Woodlands, Texas 77380.
Q.
And are you familiar with that address, Mr. Stilwell?
A.
I have been to that address, yes.
Q.
And is that address inside or outside of the Road
Utility District?
6
7
A.
Woodlands Road Utility District.
8
9
Q.
A.
14
No.
The Directors of the Road Utility District are
not required to live inside of the bounds of the District.
12
13
Now, is there any requirement for the directors, the
Board in the RUD, to be residents of the District?
10
11
That address is outside of the boundaries of The
Q.
I'm showing you the second application.
Who is this
A.
That's also an application and it was made by -- for
for?
15
the Road Utility District election and it was made by Richard
16
McDuffee.
17
18
19
Q.
And what was the permanent residence address listed
by Mr. McDuffee?
A.
He is listed in that same block that we were just
20
looking at, 27907 Hansons Court, Spring, Texas 77386, which is
21
in the Benders Landing or Benders Landing Estates area.
22
Q.
And you're familiar with that residence as well?
23
A.
I've also been to that house, yes.
24
Q.
And that's inside or outside of the RUD?
25
A.
That is outside of the boundaries of the Road Utility

42
1
2
3
4
District.
Q.
Exhibit 2.
A.
And I'm showing you the third application in State's

Can you tell us the name of this applicant?
Yes.
That is a third application for Director for
Woodlands Road Utility District and it was by Peter J.
Goeddertz.
Q.
And his address was?
A.
His address in the same block that we've been
9
10
referring to is 15910 Hartman Road, Magnolia, Texas 77355.

Magnolia area near Stagecoach.
11
Q.
And is Magnolia anywhere near the RUD?
12
A.
It is not inside the bounds of the Road Utility
13
District; and quite frankly, not anywhere near the Road Utility
14
District.
15
MR. WHITE:
At this time, State offers State's 3
16
and 4, which are also certified records of the Road Utility
17
District.
18
A.
19
were --
I'm going to tender these to counsel briefly.

And I guess I do have a brief clarification.
20
21
MR. HEATH:
24
25
Your Honor, I'm going to object to
that as being unresponsive.
22
23
Those
THE COURT:
Q.
(BY MR. WHITE)
Sustained.
Clarify for us, if you will, your
last line of thought.

A.
Sure.
Those were three of the directors that were -Cassandra McCoy, CSR (936) 524-6305
43
three of the people that were running for director.
a total of six.
There were
Q.
And who were those other three?
A.
The other three were ultimately my clients, Bill
Neill, Gene Miller, and Winton, goes by Buck, Davenport.
6
7
Q.
first time candidates?
8
9
And were they incumbent directors or were they also
A.
They were incumbents.
The three applications that we
just looked at were first time candidates.
10
MR. WHITE:
And the State is re-offering 3 and
12
MR. HEATH:
We have no objection, Your Honor.
13
THE COURT:
State's Exhibits 3 and 4 are
11
14
15
4.
admitted.
Q.
(BY MR. WHITE)
And, Mr. Stilwell, I'm showing you
16
certified election records from the May 8th, 2010 director
17
election.
18
on May 8th or some other date?
19
A.
And could you tell me whether this election was held
Yeah.
Can you tell from this?
That is -- and you'll see kind of on the top
20
middle of the form, this is the early voting roster and it was
21
for the May 8, 2010 election.
22
23
24
25
Q.
And according to this form, how many people voted on
this day?
A.
This was the early voting roster, so this was not the
voting on election day itself.
But on the early voting roster,

44
there were two voters that cast early votes.
of those voters.
And I know both
Q.
Okay.
And explain what this sheet is here, please.
A.
Sure.
This is the early vote tally sheet or the
summary of the early voting.
of the six directors that I had identified that were running
for office and the number of votes cast for each.
8
9
And what you see listed is each
You'll see that two votes were cast for Winton

Davenport, Jr., who I said goes by the name Buck; Edward E.
10
Miller, who also goes by the name Gene.
11
And he had received two votes.
12
A. Neill.
13
three challenger candidates had not received any votes in the
14
early voting.
15
Q.
16
17
The E is for Eugene.
And the third director was Bill
Bill Neill had received two votes.
Each of the
I'm going to show you State's Exhibit 4 now.
And if
you could tell us what this combination form represents.

A.
Sure.
This was the voting sheet for the actual date
18
of the election.
19
this was the combination form where you go in and sign in to
20
cast your vote.
21
So not early voting, but election day.
And
And the upsidedown portion, because the judge
22
looks at it one direction and the voters look at it the other
23
way, you'll see ten voters all listing the address 9333 Six
24
Pines Drive as their addresses.
25
Q.
And what I'm going to do, Mr. Stilwell, is kind of

45
flip that upsidedown for us so we'll look right side up and
zoom in a little bit.
3
4
A.
That's the ten addresses in a row all listing
that same address 9333 Six Pines at 77380 in The Woodlands.
5
6
Right.
Q.
And if we move over here to signatures.
Are you able
to make out or recognize any of these signatures, Mr. Stilwell?
A.
Yes.
I know each of the ten who voted there.
Goeddertz is beside Number 1.
folks whose application that we looked at is one of the
Pete
Mr. Goeddertz is one of the
10
candidates for office who didn't live inside the bounds of the
11
RUD.
12
The second was Roberta Cook.
13
The third is Sybil Doyle.
14
The fourth is Bill Berntsen.
15
also one of the candidates whose application was looked at.
16
Bill Berntsen is
The fifth signature is very difficult to read.
17
And if you'll give me just a moment.
That, I believe, -- I
18
believe that is Adrian Heath's signature.
19
The sixth is Robert Allison.
20
The seventh is Mr. Jenkins, Jim A. Jenkins.
21
The eight is Benjamin Allison.
22
The ninth is Thomas Curry.
23
And the tenth is Richard McDuffee.
24
25
Q.
And the signature of Mr. Jenkins that you identified
on line 7, do you recognize the defendant in the courtroom

46
today as Mr. Jenkins?
A.
Yes, I do.
We've met before as well.
Q.
And what does this tally sheet represent?
A.
This tally sheet is the tally of the votes that were
cast on election day.
It does not include the early votes that
we already looked at.
And as you'll see, the ten voters who
voted at the 9333 address, whose signatures we were just
looking at, voted for Pete Goeddertz, Bill Berntsen, and
Richard McDuffee, the three challengers.
10
Q.
And if I can zoom out properly.
11
Mr. Stilwell?
12
A.
What is this form,
This looks like the form that the Road Utility
13
District used to do the combined total vote between the early
14
voting tallies and the election day tallies.
15
the right-hand column you see the votes of ten-ten-and-ten from
16
the election day and the votes of two-two-and-two from the
17
early voting beside each of their respective candidates' names.
18
Q.
If you look on
Let's go to the residence, or the address I should
19
say, that the ten voters in this election voted from, 9333 Six
20
Pines.
Are you familiar with that address, Mr. Stilwell?
21
A.
Yes, I am.
22
Q.
And what is -- what is located at that address, sir?
23
A.
There is a hotel located at that address.
24
25
It's, I
believe, the Residence Inn hotel.

Q.
And I'm showing you what's marked at State's Exhibit

47
5.
Do you recognize that photograph?
A.
Yes, I do.
Q.
And does this clearly and accurately represent the
4
5
material that's photographed inside of it?

A.
Yes, it does.
MR. WHITE:
offers State's Exhibit 5.
MR. HEATH:
THE COURT:
It's admitted.
10
11
12
13
14
Q.
(BY MR. WHITE)
At this time, Your Honor, the State
And, Mr. Stilwell, is this a
photograph of the Residence Inn at 9333 Six Pines?

A.
Yes, that is a photo of the Residence Inn Marriott at
9333 Six Pines Drive in The Woodlands.

Q.
Now, in the course of your representation of the
15
three incumbent directors, did you have -- did you have a
16
chance to subpoena the records of the Residence Inn to examine
17
those?
18
A.
Yes, I did.
19
20
MR. WHITE:
At this time, the State offers
State's Exhibit 6.
21
MR. HEATH:
Your Honor, we have no objection.
22
THE COURT:
State's Exhibit 6 is admitted.
23
Q.
(BY MR. WHITE)
24
Mr. Stilwell?
25
A.
Yes indeed.
And do you recognize this document,
You'll note it has at the top the words

48
"subpoena" on it; and it was to the custodian of records for
the Residence Inn Marriott located at 9333 Six Pines Drive, the
same hotel that we're talking about.
of the block, it is subpoenaed by me with my law firm's name
and address on it.
the specific documents that I was subpoenaing which -- would
you like me to read that?
8
9
10
11
12
13
14
Q.
You'll see in the middle
And the bottom of the page has a listing of
These names right here, Mr. Stilwell, are these the
ten voters that voted in the election?

A.
Yes.
And listed beside the ten voters were also
spouses' names for those whose spouses' names I could obtain.

Q.
And what period of time were you requesting records
from the Marriott Residence Inn?

A.
15
The records were requested shortly after -MR. HEATH:
Your Honor, I'm going to object.
16
The records will speak for themselves.
17
object to that question.
18
THE COURT:
Overrule.
19
MR. HEATH:
Irrelevant.
20
A.
subpoena asking for the records.
22
records --
24
25
We
Shortly after the election was when I issued the
21
23
They're dated.
MR. HEATH:
And I asked for all of the
That's nonresponsive.
THE COURT:
Sustained.

49
1
2
Q.
(BY MR. WHITE)
Which records did you ask for, Mr.
Stilwell, that period of time?
A.
Sure.
I asked for all of the records for
registrations at the hotel in the year 2010.
have been January, February, March, April, and May up to that
point.
Q.
Okay.
I'm going to show you the first page of those
records that were produced.
appears to be, Mr. Stilwell?
10
A.
Sure.
So, that would
Could you tell me what this
This was a registration by Mr. James Jenkins.
11
It has his business address listed on it.
And that was a
12
registration showing an arrival on May 7, 2010, the day before
13
election day; and a departure on May 9, 2010, which was the day
14
after election day with election day being May 8th in between
15
the two.
16
Q.
17
Mr. Stilwell?
18
A.
The room charge was $119 for each night.
19
Q.
And with taxes that total ended up being roughly how
21
A.
Looks like $268.94.
22
Q.
And while we're on this document here, how many
20
23
24
25
And what was the room charge for this room,
much?
guests does this indicate were registered for this room?

A.
I think on this document it only identifies one guest
as registered for this room.

50
Q.
All right.
I'm going to show you a second page here
which appears to be the notes that were added to the account
here.
4
5
What does this indicate here in the note area?

A.
Right.
In the note area at the bottom, although
there was only one guest registered, apparently the personnel
at the hotel identified that there would be one, two, three,
four other people in the room:
Mr. Goeddertz, and Mr. McDuffee.
10
11
Q.
Adrian Heath, Tom Curry,
And yet right here, how many adults are indicated in
this room?
12
A.
It's indicated as one.
13
Q.
And do you recognize the individual on this guest
14
15
folio?
A.
Sure.
This is a registration record for Mr. Thomas
16
Curry or Tom Curry.
17
May 7th and a departure date on this one of May 8th, which was
18
the day of the election.
19
night, the night before the election with the room charge of
20
$119 or with tax $134.47.
21
22
Q.
You'll again see it has an arrival date of
And so, it was for a single room
And how many guests were registered to this room, Mr.
Stilwell?
23
A.
I think one guest.
24
Q.
And what is this guest registration for?
25
A.
This was also a registration for Tom Curry.

As
51
you'll recall, I subpoenaed all of the 2010 registrations for
the individuals who voted in the election on election day.
there was one additional registration for Mr. Tom Curry; and it
was a registration for April 30, 2010, with a departure of May
1.
So again, a single room night, same charge.
Q.
And same number of guests?
A.
One guest.
Q.
And this is the final document of the batch.
9
10
And
Whom
was this room registered to, Mr. Stilwell?

A.
This was Benjamin Allison and that was also one of
11
the people that voted on that election day.
You'll see the
12
13993 Boyd Lane address.
13
election for May 14, 2010, with a departure of May 15, 2010.
14
And it had a higher charge of $199 plus various taxes for a
15
total of $224, and I think that's $0.37.
It was a registration after the
16
Q.
How many guests are indicated on this?
17
A.
Two guests indicated.
18
Q.
Were there two voters with the last name Allison?
19
A.
Yes.
20
Q.
And their names were Benjamin and who?
21
A.
I believe it was Robert Allison.
22
Q.
Thank you.
There were brothers.
In regards to this date
23
May 14th/May 15th, this is the only date, is it not, in this
24
series that was post-election day?
25
A.
That's correct.
Each of the other records that we

52
looked at for hotel stays were the night before or the night
after the election.
Mr. Curry also had a stay at the very end of April before the
election.
5
6
Q.
This was several days after the election.
Were you -- are you aware of any significance to this
date of May 14th/15th?
MR. HEATH:
Relevance.
THE COURT:
Response?
MR. WHITE:
Your Honor, it's relevant to the
10
motivation of these individuals to rent this hotel room on this
11
occasion.
12
MR. HEATH:
Your Honor, that calls for his
13
speculation of the emotional or mental state of another
14
individual and we object.
15
THE COURT:
16
19
Do you know the answer to
that question, sir, without being speculative?
17
18
Okay.
THE WITNESS:
Yes.
I know the significance of
May 14th.
MR. HEATH:
No.
He knows -- it's what he knows.
20
I'm talking about what my client knows or knew.
21
to urge and object that that is him speculating on what's going
22
on in another person's mind.
23
THE COURT:
Okay.
And I'm going
I'm going to sustain the
24
objection but you can rephrase the objection.
25
couch it in -- in the way you did, you know, let's just go on

I think as you
53
what the facts are as the witness tells them.
2
3
MR. WHITE:
Q.
(BY MR. WHITE)
Yes, Your Honor.

On May 14th/May 15th in that range of
time, what was happening with regard to The Woodlands Road
Utility District election that you were personally aware of?
A.
That date is on or around the time period that the
lawsuit was filed challenging the votes of the ten voters at
the 9333 Six Pines address.
MR. WHITE:
And so I'm not hoarding these
10
exhibits, Your Honor, I'm going to start placing them with the
11
court reporter.
12
13
THE COURT:
Q.
(BY MR. WHITE)
Thank you.
And Mr. Curry, who we saw on a couple
14
of those guest folios, I think is what they may call them,
15
registration forms, do you know whether or not he's married?
16
A.
My recollection is that he was at that time.
17
I don't know.
18
Q.
Okay.
Today,
And the room -- and on May 7th and 8th, was he
19
on the notes to -- room reserved by the defendant, Mr. Jenkins,
20
as one of the four occupants of that room?
21
22
23
24
25
A.
Yes, he was -- there were four people listed in
addition to Mr. Jenkins.

Q.
In addition to Mr. Jenkins.

Do you happen to know the room
occupancy/capacity at the Residence Inn?

54
A.
I do not know.
number of hotel rooms.
rooms.
4
5
Q.
I know that they have a significant
They certainly have more than two hotel
Did you have a chance to obtain records from
Montgomery County Elections Department?
A.
I did.
Q.
And did you obtain records regarding the voter
registration changes by these ten voters?
A.
I did.
10
MR. WHITE:
At this time, Your Honor, the State
11
will offer State's 7, which are certified election records for
12
Montgomery County Elections.
13
MR. HEATH:
No objections, Your Honor.
14
THE COURT:
Admitted.
15
16
Q.
(BY MR. WHITE)
application on the overhead.
17
18
I'm going to show the first
Do you recognize this form, Mr. Stilwell?

me get it in focus for you first.
Do you recognize this form?
19
A.
I do recognize that form, yes.
20
Q.
And what is the purpose of this document, if you
A.
Yes.
21
22
Let
know?
This is the Texas Voter's Registration
23
Application, specifically the one that James Alan Jenkins, he
24
goes by Jim, signed on or around April 5, 2010.
25
Q.
And what is the residence address listed for

55
1
2
3
4
5
6
7
8
9
Mr. Jenkins on this form?

A.
He swore on that address that he resided at 9333 Six
Pines Drive, The Woodlands 77380.

Q.
And what is the mailing address that he listed on
this form?
A.
The mailing address he listed was 16 Pastoral Pond
Circle in The Woodlands 77380.

Q.
And have we seen that address earlier?
Did we
discuss that address earlier today?
10
A.
I don't know if we discussed that one.
11
Q.
Okay.
12
A.
I have been to that address as well.
13
Q.
I want to focus in on section nine down here and let
14
me zoom in so we can read it.
15
though it has a stamp over that partially?
16
A.
Yes.
It says:
And can you read that even
I understand that giving false
17
information to procure a voter registration is perjury and a
18
crime under state and federal law.
19
may result in imprisonment up to 180 days, a fine up to $2,000,
20
or both.
21
signing.
Please read all three statements to affirm before
22
23
24
25
Conviction of this crime
And then has one, two, three statements with

bullet points.
Q.
And according to the records that we just reviewed,
that you received from the Residence Inn, had Mr. Jenkins been
56
a guest at the hotel a single night prior to the application
that you filed here on April 5th of 2010?
A.
His signature of April 5, 2010, on that document, he
had not stayed one single night at The Woodlands Residence Inn
hotel in the year 2010 as of the date that he signed that
document saying it was his residence.
Q.
Document number two here, if I could zoom out inside
of in, is this is same voter registration application form
basically as we saw before?
10
11
12
13
14
A.
Yes.
It is a similar form but this form was Adrian
Heath's voter's registration application.

Q.
And what address did Mr. Heath swear to as his
residence address?
A.
He swore his residence address was 9333 Six Pines
15
Drive, The Woodlands Residence Inn Marriott.
16
on March 5, 2010.
17
Q.
And he swore that
And according to the records that we received that
18
are in evidence today, did Adrian Heath stay a single night or
19
book a room a single night at the Residence Inn prior to
20
swearing that this was his address?
21
22
23
24
25
A.
As of the date that he swore that was his residence,
he had not stayed one single night the hotel in 2010.

Q.
Who is the individual on this next registration
application, please?
A.
This is Thomas Curry's voter registration

57
application.
Q.
Is it indeed for the same address that we've been
talking about, 9333 Six Pines?
A.
It is and dated April 1, 2010, or April Fools' Day.
Q.
And I see he has listed a PO box number for his
mailing address; is that correct?
A.
He did list a mailing address of a PO box number.
Q.
And as of April 1 of 2010, according to the records
9
10
11
that we have from the Marriott Residence Inn, had Mr. Curry
stayed a single night?
A.
As of April 1, 2010, the date that he signed and
12
swore to this voter's registration application, he had not been
13
a guest or stayed a single night at the Residence Inn Marriott
14
in 2010.
15
16
17
Q.
And I'm showing you the registration application for
Mr. Bill Berntsen.

A.
Same residence address sworn to?
He swore to the same residence address, the 9333 Six
18
Pines Drive, The Woodlands, which was, of course, different
19
than the permanent address that he put on his director
20
application form that we looked at a while ago.
21
22
23
Q.
And is that the same address listed here in the
mailing address of this form?

A.
Yes.
On his director application, he listed 32 North
24
Rain Forest Court, the mailing address he listed on his voter's
25
registration form.
58
1
2
3
Q.
And as of, again, April 1 of 2010, did Bill Berntsen
stay one night in the Residence Inn according to guest records?

A.
As of April Fools' Day or April 1, 2010, Mr. Berntsen
had not been a guest a single night at the Residence Inn hotel
at 9333 Six Pines Drive in The Woodlands based on the 2010
subpoenaed records.
Q.
Showing you the application of Pete Goeddertz.
Was
this also one of the directors that applied for it -- to be a
candidate for the directors' election?
10
11
12
A.
Yes.
Mr. Berntsen, Mr. Goeddertz, and Mr. McDuffee
were the candidates.

Q.
And do you recall the address that Mr. Goeddertz
13
listed on his application for candidacy as his permanent
14
resident address?
15
A.
I believe he listed the 15910 Hartman Road, the same
16
address as the mailing address on this voter's registration
17
application, as well as his permanent residence address.
18
19
20
Q.
Thank you.
Did he indeed swear to the same address,
9333 Six Pines Drive on March 31st of 2010?

A.
Yes.
He -- on this voter's registration application
21
form, he swore he resided at 9333 Six Pines Drive, the
22
Residence Inn hotel.
23
24
25
Q.
Had he been a guest at the Residence Inn at the time
that he swore to this address?

A.
Absolutely not.
59
Q.
And I'm showing you the registration application of
Mr. Richard McDuffee who, if I'm correct, was the third
candidate for director; is that right?
A.
That is correct.
Q.
And is this 27907 Hanson Court the address he listed
6
7
8
9
as his permanent resident address on that application?

A.
On the directors' application, yes, he listed that
Hanson Court address as his permanent address.

Q.
However, on this application is that address indeed
10
listed as his mailing address and his residence address
11
something different?
12
A.
That is correct.
He listed on his voter's
13
application, he swore his residence address was 9333 Six Pines
14
Drive.
15
Q.
And as of April 5, 2010, when he swore to this
16
residence address, had he stayed a night in the Marriott
17
Residence Inn?
18
19
20
21
A.
He had not stayed one single night in that hotel in
2010 as of that date.

Q.
Showing you Sybil Doyle's application.
Same thing,
9333 Six Pines?
22
A.
Yes, correct.
23
Q.
Had she stayed a night on April -- by April Fools'
24
25
Also on April Fools' in 2010.
2010, had she stayed a night at the hotel?

A.
No.
As of that date and throughout 2010, including

60
all of the records for the Residence Inn Marriott, she did not
stay one single night at that address that she swore was her
residence.
4
5
Q.
This individual, Roberta Cook, is there a relation
that you're aware of between Ms. Doyle and Ms. Cook?
A.
I do not know.
Q.
Okay.
Cook, same thing, was it the Marriott Residence Inn?
9
10
And the residence address listed for Roberta
A.
Correct.
That 9333 Six Pines Drive address, the
hotel.
11
Q.
And as of April 7th when she swore to this
12
information, had she ever been a guest of the Residence Inn in
13
2010?
14
15
A.
MR. HEATH:
20
It's nonresponsive.
18
19
And, in fact, under the records that we looked
at --
16
17
No.
THE COURT:
Sustained.
You can ask your next
question.
Q.
(BY MR. WHITE)
21
the Allison brothers.
22
Allison.
23
Pines; is that correct?
We'll move on to the final two forms,
This is Benjamin Allison and Robert
Both listing their residence address as 9333 Six
24
A.
Correct.
25
Q.
Their mailing address 14993 Boyd Lane in Conroe; is

61
that correct?
A.
Correct.
Q.
And as of April 6th, for both of these brothers, had
either one been a guest at the Residence Inn?
A.
6
7
No, they had not.

MR. WHITE:
Your Honor, I have a series of
exhibits that are coming in that are --
THE COURT:
We'll take a break of about ten minutes.
10
Let's take a break.
All right.
Ladies and gentlemen, just follow the bailiff
11
and he will escort you and advise you on whatever you need.
12
Thank you very much.
13
THE BAILIFF:
14
(SHORT BREAK TAKEN; JURY NOT PRESENT)
15
THE COURT:
Are we ready?
16
MR. WHITE:
Yes, Your Honor.
17
THE COURT:
Mr. Heath has his hands raised.
18
MR. HEATH:
Well, I observed some of the
19
exhibits that they are proposing to get in.
20
THE COURT:
Be seated.
21
MR. HEATH:
I intend to object to quite a few of
22
them.
23
Here we have warranty deeds.
24
THE COURT:
What number is that exhibit?
25
MR. HEATH:
8.

62
MR. WHITE:
8 through 16, Your Honor.
THE COURT:
8 through 16.
MR. HEATH:
I'm going to object to the admission
of 8, 10, 11, 12, 13, 14, 15, and 16 of -- I'm not objecting to
9.
client.
other individuals involved in this election.
would say that they are not material and they are not relevant
to my client's actions to date.
9 are the actual deed and real estate records for my

8, 10, 11, 12 through 16, all of those, are for the
And I will -- I
And we would say that they are
10
not relevant.
11
the State has not alleged a conspiracy paragraph in their
12
indictment; therefore, we would object to the inclusion of this
13
evidence.
14
15
And I've also been proffered State's Exhibits -do you know which numbers these are?
16
17
MR. WHITE:
Number 17 for color.
And the white
one has not been marked.
18
19
I would also urge that the Court remember that
MR. HEATH:
These are maps -- just to try to get
the Judge up to speed.
20
These are maps of The Woodlands and the location
21
of the various residences that the State is alleging the ten
22
individuals lived at.
23
residences be redacted and locations stated except my client's.
24
Because it's the only thing that's really relevant in this
25
case.
I would ask that all of the individual

63
Can you see what they have done?
They have
listed addresses and then they listed locations of the
addresses.
4
5
THE COURT:
Those addresses came from an exhibit
that's already been admitted?
MR. WHITE:
Yes, Your Honor.
And by the time --
yeah.
All of these addresses certainly will be covered by the
time that -- I think all of them may be covered now, but all be
covered by the time that those will be offered.
10
THE COURT:
Go ahead, Mr. Heath.
11
MR. HEATH:
Well, it's not relevant to my
12
client's actions.
13
THE COURT:
All right.
15
MR. HEATH:
17 and 18; is that right?
16
MR. WHITE:
Just 17 for the color.
14
17
that?
20
And the
white map has not been marked yet.
18
19
And what exhibit is
MR. HEATH:
going to be 18.
All right.
I'm just assuming that's
Is that a -MR. WHITE:
No, it's not going to be 18.
It's
21
pretty much the same map as the other so I don't know that I
22
need to do both.
I may just offer the aerial map.
23
THE COURT:
17?
24
MR. WHITE:
Number 17.
25
THE COURT:
All right.
Why don't we just deal

64
with 17.
other one, he sounds like he might not.
when he elects to offer if he does.
4
5
He's going to intend to offer that for sure.
All right.
The
We can deal with that
The objections are made.
Any
response from the State?
MR. WHITE:
Yes, Your Honor.
As to State's
Exhibits 8 through 16, these pertain -- these are certified
deed records for properties of the individuals, the ten voters,
that conspired together with Mr. Jenkins in this scheme to vote
10
in the election.
11
to be a criminal act.
12
And the conspiracy, Your Honor, does not have
The conspiracy in this case was to take over the
13
board of the Road Utility District.
14
job.
15
scheme of ten voters to take over the RUD; and they did so by
16
changing the registration addresses to the same exact location
17
in the same period of time to vote on the same day to swing the
18
election.
19
And it was not a one-man
One man cannot be separated from this scheme.
It was a
And their -- these exhibits are just further
20
proof, and there's plenty of proof already in the record, to
21
prove that this conspiracy exists and the purpose of it.
22
23
24
25
State's 7, that's already in evidence, includes

all of these people and ties that together.
And, therefore, Your Honor, these exhibits
should all be admissible.
And State's 17 will just be a

65
visible representation of that data.
2
3
THE COURT:
And, again, 8 through 16 are
representing what now?
4
5
Okay.
MR. WHITE:
These are deed records, certified
deed records, of the properties where these individuals reside.
MR. HEATH:
client's property.
records.
We're not objecting to 9.
That's my
We're objecting to everybody else's deed
THE COURT:
Okay.
Your objection is noted on 8,
10
10, 11, 12, 13, 14, 15, 16, and 17.
11
understand, the argument that the State is making is that this
12
is part of representation of a scheme that the defendant is
13
involved in which goes to the motive of why he acted in the way
14
he did which ultimately resulted in the grand jury indictment.
15
Overrule.
As I
I find that such evidence is relevant and is not
16
outweighed by the danger of unfair prejudice or other reasons
17
that would make this evidence inadmissible under Rule 403 of
18
the Texas Rules of Evidence.
19
Anything else?
20
MR. HEATH:
That's all we have at this time.
21
THE COURT:
Thank you.
22
please.
23
(JURY PRESENT)
24
THE COURT:
25
Bring the jury in,
Q.
(BY MR. WHITE)
All right.
We are ready to proceed.
Mr. Stilwell, did you have a chance

66
1
2
to obtain the deed records for the ten voters in this scheme?
A.
Yes, I did.
MR. HEATH:
Oh, Your Honor, may I --
THE COURT:
Yes, sir?
MR. HEATH:
May I re-approach on some of these
exhibits?
I'm sorry.
There was one other issue.
MR. HEATH:
There's a deed record on the
appearance of the Allison brothers.
10
THE COURT:
What is that referred to?
12
MR. HEATH:
I think it's State's 16.
13
THE COURT:
Okay.
14
MR. HEATH:
It is not the real estate deed
15
records of either of the co-conspirators.
16
deed records.
11
As
Exhibit what?
It is their parents'
17
THE COURT:
And your objection is irrelevant?
18
MR. HEATH:
Yes.
19
THE COURT:
Response?
20
MR. WHITE:
What I intend to do is lay a
21
predicate that if the witness knows if the boys lived with the
22
parents, that these are the parents, and offer it for what --
23
THE COURT:
Does the witness know?
24
MR. WHITE:
I'll find out before I offer it.
25
THE COURT:
Okay.
Before you offer it?

67
1
2
MR. WHITE:
Yes.
And I'll offer the others
together and keep this one separate.
THE COURT:
THE COURT:
Go ahead.
MR. WHITE:
At this time, the State offers
State's 8 through 15, which are certified deed records.
8
9
MR. HEATH:
Your Honor, we have already lodged
our objections to their admission.
10
11
Okay.
THE COURT:
And those exhibits are admitted and
the Court's made its rulings.
12
MR. HEATH:
Yes, Your Honor.
13
MR. WHITE:
If I could approach the witness,
THE COURT:
Yes, sir.
14
Your Honor?
15
16
17
Q.
(BY MR. WHITE)
Mr. Stilwell, could you tell us which
voters these deeds pertain to?
18
THE COURT:
If you would be so kind to, when
19
referring to those exhibits for the record and for the jury's
20
understanding --
21
MR. WHITE:
I will, Your Honor.
22
THE COURT:
-- please make sure that you refer
23
to those as the exhibits numbers.
24
25
THE WITNESS:
A.
Thank you.
I will.
State's Exhibit Number 8 is the deed records for

68
1
2
Adrian Heath and his wife, Kandy Heath.

Q.
(BY MR. WHITE)
And before we go on, does -- the
property listed on this deed, does it match the records that
we've previously seen?
A.
Yes, it does.
Q.
And what address is that or where is this property
7
8
9
10
located?
A.
Adrian Heath's is the 43 West Stony Bridge Court.
It's the deed records for that property.

Q.
And attached to that document is there also another
11
document having to do with the voluntary designation of
12
homestead?
13
14
A.
Yes, there is a designation of homestead for
Mr. Heath at that address.
15
Q.
And what is State's Exhibit 9, please?
16
A.
State's Exhibit Number 9 is deed and homestead
17
designation records for Jim Jenkins or James Alan Jenkins and
18
his wife at 16 Pastoral Pond in The Woodlands, Texas.
19
Q.
And as to State's 10, please.
20
A.
State's Exhibit 10 is a deed record for Thomas Curry
21
at his Stonecrest address.
22
Q.
And is that in Conroe?
23
A.
It has a Conroe address, yes.
24
Q.
And State's 11, is that for William Berntsen?
25
A.
State's 11 is deed records for Mr. William Berntsen.

69
Q.
And is there an address on that deed record?
A.
Yes.
Q.
Okay.
A.
State's 12 is the deed records for Mr. Peter J.
It's the 32 North Rain Forest Court address.

And what is State's 12, please?
Goeddertz.
Q.
And what is the address for Mr. Goeddertz?
A.
Let me see if it references it by common name.
The
deed record for Mr. Goeddertz only has the metes and bounds
summary.
10
But I investigated that and found that to be one in
the same address as his address in Magnolia near Stagecoach.
11
Q.
And State's Exhibit 13, is that for Richard McDuffee?
12
A.
Yes.
13
and his wife.
14
Q.
This is a warranty deed for Richard McDuffee
And is that at the same address listed on -- as his
15
permanent residence address on his application for candidacy as
16
well as his mailing address for his voter registration
17
application?
18
A.
Yes.
19
Q.
Do you have a record on State's Exhibit 14 for Sybil
20
Doyle?
21
A.
State's Exhibit 14 is the property records for the
22
Doyle's, yes.
23
Q.
And does that document indicate that she owned the
24
property at the same address that she listed as her mailing
25
address on her voter registration application?

70
A.
Yes, it does.
Q.
What is State's 15, please?
A.
I don't have State's 15.
Q.
Okay.
5
6
7
MR. HEATH:
Q.
(BY MR. WHITE)
A.
Roberta Cook.
11
12
13
14
15
16
Oh, I know where it is.

Got a copy of State's 15.
Could you
tell us what this document is, please, sir?
10
I've got 16, but that won't help us.
Q.
Yes.
This is the real property record for Ms. Cook,
And does that address match the mailing address
listed on her voter registration application?

A.
Yes.
This is the 607 Sycamore Drive address that
matches, correct.
Q.
In regards to Benjamin and Robert Allison, the
brothers, do you -- are you aware of where they lived?

A.
Yes.
The address that they listed on their voter's
17
registration as their mailing address was their parents' home,
18
Peter Allison.
19
20
21
22
Q.
And I'm showing you State's Exhibit 16.
Is that, in
fact, the deed to the home of Mr. Peter Allison?

MR. HEATH:
Your Honor, may I take him on voir
dire with respect to the admissibility?
23
THE COURT:
24
Ladies and gentlemen, voir dire has a term of
25
Sure.
use other than picking a jury.
When the Court allows an

71
attorney a brief period of time to question a witness out of
order for the purposes of determining the admissibility of an
item, we call that voir dire as well.
allowing here.
Go ahead.
VOIR DIRE EXAMINATION
BY MR. HEATH:
Q.
9
10
And that's what I am
Mr. Stilwell, you've indicated they listed the
Allison brothers -- listed that address as their mailing

address?
11
A.
On their voter's registration application.
12
Q.
On their voter's registration application.
Did it --
13
does that in any way reflect where they were actually, in your
14
opinion, living?
15
A.
The voter's registration application address said
16
that was their mailing address.
17
that said that that was their residence.
18
19
20
Q.
All right.
I've had other investigation
So, your testimony is that someone else
told you that it was their residence?

A.
21
No.
MR. HEATH:
Your Honor, we would renew our
23
THE COURT:
Overrule.
24
MR. WHITE:
And the exhibit has been offered
22
25
objection.
into evidence as State's 16.

72
1
2
THE COURT:
And it's admitted if it hadn't been
admitted before.
MR. WHITE:
Thank you.
MR. HEATH:
And we would renew our objection.
THE COURT:
Noted.
Overrule.
And State's
Exhibit 16 is admitted.
CONTINUING DIRECT EXAMINATION
BY MR. WHITE:
Q.
And the Boyd Lane address in Conroe, do you recall if
10
we saw that address on the Marriott Residence Inn records for
11
Benjamin Allison?
12
A.
Yes, you did.
Yes, we did.
13
Q.
Now, in your experience with this case, did you, in
14
fact, create a map that shows the borders of The Woodlands Road
15
Utility District and on that same map, plots the addresses that
16
we just discussed of the ten voters?
17
A.
Yes, I caused that to be made.
18
Q.
And do you think that would be helpful to the jury as
19
a demonstration to show these addresses outside of the Road
20
Utility District?
21
A.
Montgomery County is a big place and whenever you're
22
talking about geography, I find a map to be helpful.
23
think it would be helpful.
24
25
MR. WHITE:
Yes, I
State's 17.
73
1
2
MR. HEATH:
previously lodged objections.
3
4
THE COURT:
Overruled.
State's Exhibit 17 is
MR. WHITE:
And with permission, the State would
admitted.
5
6
Your Honor, we will renew our
like to -Q.
(BY MR. WHITE)
First off, Mr. Stilwell, is this
large map board back here an exact duplicate, if you will, of
State's 17 but in larger format?
10
A.
Yes.
11
12
MR. WHITE:
At this time, the State would
request to publish this enlargement of State's 17.
13
THE COURT:
14
I notice you have an exhibit sticker up there.
15
All right.
Allowed.
Publish.
What is that representing?
16
MR. WHITE:
This is an exhibit sticker from a
17
prior hearing.
And State can cover that up and indicate that
18
this is a copy, an enlargement of 17, if necessary, or just
19
redact it back.
20
THE COURT:
You're not moving to admit that?
21
MR. WHITE:
No, Your Honor, we're not.
22
THE COURT:
All right.
23
24
25
Q.
(BY MR. WHITE)
All right.
And, Mr. Stilwell, if you could
please identify for us -- again, just point out the boundaries.

MR. WHITE:
In fact, would it be possible for

74
the witness to step down and address the enlargement over here?
THE COURT:
THE WITNESS:
the exhibit.
Sure.
It would be easier if I approach
Thank you.
THE COURT:
Mr. Heath, whatever you need to move to make
sure you hear and see.
8
9
Go ahead.
MR. HEATH:
Q.
(BY MR. WHITE)
Thank you.
If you would point out to us, if you
10
will, the boundaries of the Road Utility District as they
11
correspond to the official boundary map as you explained
12
earlier just briefly and then the relation of the addresses
13
that we've covered to the points on the map, please.
14
A.
Yes.
You'll see from the legend on the bottom of the
15
map that the Road Utility District is designated in a like
16
beige or kind of coffee-with-cream color.
17
The Road Utility District as I indicated:
18
Woodlands Town Center near The Woodlands Mall area; I-45 coming
19
up from Woodlands to Conroe.
20
this area in beige.
21
2978; Lake Woodlands Drive along here to Kuykendahl Road.
22
Research Forest Drive going up; and then Kuykendahl Road out to
23
FM 1488.
24
properties that I identified previously.
25
So, the Road Utility District is
Woodlands Parkway all the way out to FM
And this being State Highway 242 and the commercial
So that beige color is the Road Utility

75
District.
And the address points that you asked about, and
best take them in alphabetical order, the deed records that
were admitted and the voter's registration addresses that we --
5
6
MR. HEATH:
the narrative portion of this answer.
7
8
9
THE COURT:
Q.
(BY MR. WHITE)
Sustained.
Please link us between the addresses,
that we've already covered there, and those points on the map
10
in their relation to the RUD.
11
or outside.
12
Ask your next question.
A.
Tell us whether they're inside
Point A was Sybil Doyle's home located on the
13
eastside of I-45 near the Harper's Landing area but outside of
14
the bounds of The Woodlands and outside the bounds of the Road
15
Utility District.
16
Point B is Mr. Goeddertz.

It's near Stagecoach.
And here we go all
17
the way out.
It's just outside of the
18
bounds of Stagecoach but it's technically inside of the
19
jurisdiction of Magnolia.
20
clearly not anywhere near the bounds of the Road Utility
21
District.
But that address of Mr. Goeddertz is
22
Point C is Adrian Heath's home.
Now, you'll see
23
his is between two roads that are in the bounds, but his home
24
is not in the bounds of the district.
25
West Stony Bridge Court.
That is the home at 43
So, he's located in The Woodlands,

76
but outside the bounds of the district.
Point D is Mr. Jenkins' home.
Jim Jenkins' home
is inside of the bounds of The Woodlands in the Grogan's Point
area, 16 Pastoral Pond Circle.
outside the bounds of the Road Utility District.
So, inside The Woodlands, but
E is Ms. Roberta Cook.
Ms. Roberta Cook is up
along I-45 near the River Plantation area.
in the River Plantation subdivision.
home and it is outside of the bounds of the Road Utility
10
She's not actually
But, again, that's her
District.
11
Point F is Richard McDuffee.
Richard McDuffee
12
is out in the Benders Landing area.
13
is clearly outside the bounds of The Woodlands Road Utility
14
District.
15
Point G is Tom Curry.
This is his home here.
Tom Curry is in
16
Stonecrest Ranch on Stonecrest Lane out on State Highway 242
17
heading towards the east portion of the county.
18
clearly outside of the bounds of the Road Utility District.
19
Point H is Bill Berntsen.
And, again,
Bill Berntsen is
20
found here along the North Rain Forest Court.
21
the bounds of The Woodlands, but outside of the bounds of the
22
23
It
He is inside of
Point I was Benjamin and Robert Allison's home
24
address.
Their parents' home, Peter Allison, way up here near
25
Cut and Shoot, east of where we are now and east of Conroe.
77
And, again, clearly outside the bounds of the Road Utility
District.
Q.
And that's all I have for the map.
4
5
MR. HEATH:
8
9
10
Since the map is not an exhibit,
we're not going to ask anymore questions from it?
6
7
Appreciate that.
MR. WHITE:
Actually, I do have one more issue.
I'm sorry to have you stand up again.

Q.
(BY MR. WHITE)
Does this map also depict the
Residence Inn at 9333 Six Pines?

A.
Yes.
I should have pointed that out as well.
I'm
11
sorry.
12
Street is located in The Woodlands.
13
Mall is Six Pines Drive.
14
bounds of the Road Utility District is 9333 Six Pines Drive,
15
the Residence Inn hotel.
16
Q.
17
18
You'll see a red dot, you know, just past where Market
Fairly near The Woodlands
And the red dot here inside of the
Thank you, Mr. Stilwell.

Did you have an occasion, Mr. Stilwell, to
personally visit all of these locations?
19
A.
Yes, I did.
20
Q.
And what was that opportunity?
21
A.
As part of the case that I was involved in for my
22
client, the incumbent directors, in gathering evidence, I was
23
allowed to visit and photograph each of the respective
24
addresses that we went over.
25
Q.
And did you visit Jim Jenkins' property at 16

78
Pastoral Pond Circle in The Woodlands?
A.
Yes.
Q.
I'm showing you what's been marked as State's
Exhibit 21.
If you could review those briefly.
A.
I've done so.
Q.
And do you recognize those photographs?
A.
Yes.
Q.
Do you recall the approximate date when you took
those photos?
10
A.
I took those photographs.
It was after the election and before the start of our
11
civil matter at the begin of June.
12
month of May 2010.
13
14
15
16
Q.
So, it was inside of the
And that was then just after the -- how long after
the election was that?

A.
It was within a very short period of time after the
election, a week or two.
17
Q.
18
photographs?
19
A.
Probably two.
And who all was with you for the taking of these
Different people did come to different addresses that
20
were involved in the case.
21
for Mr. Jenkins and the other voters were present.
22
23
24
25
Q.
But at every address, an attorney
And does this packet of photos that you took fairly
and accurately depict what you saw that day in his home?
A.
exception.
Yes, it does.
And I will give you just one
The very first photograph isn't a photograph of the

79
home, it was a photograph of a legal pad that I was identifying
which home it was I was taking the photos of.
3
4
Q.
All right.
efficiency, I'm going to show you State's 22 through 28.
5
6
MR. HEATH:
9
10
Your Honor, we have no objection to
their admission.
7
8
And while we're at it for the sake of
THE COURT:
Q.
(BY MR. WHITE)
They're admitted.
What we have offered for the record,
State's Exhibits 2- -- Exhibit 21 is -- are the photographs

from whose home, Mr. Stilwell?
11
A.
From Mr. Jim Jenkins, James Jenkins' home.
12
Q.
And State's Exhibit 22 are photos from what person
13
and what address?
14
A.
Mr. Curry at 13238 Stonecrest Lane.
15
Q.
And State's Exhibit is whom, please?
16
A.
23 is Bill Berntsen, 32 North Rain Forest Court.
17
Q.
And 24 is what person/what address?
18
A.
Mr. Goeddertz at 15910 Hartman Road.
19
Q.
Okay.
20
25, for the record, is skipped.

26 is whom and what address?
21
A.
Sybil Doyle at 16728 Bending Oaks.
22
Q.
And 27?
23
A.
Roberta Cook at 607 Sycamore.
24
Q.
And 28, please?
25
A.
Benjamin Allison/Robert Allison at 14993 Boyd Lane,

80
Conroe.
Q.
With regard to State's 21, the home of -- property of
Jim Jenkins, the defendant, did you note the size of this home?
A.
Yes, it was a fairly large home.
Q.
Was it a fairly nice home?
A.
Yes.
Q.
And in this home, did you find the items that you
Two-story.
would normally find in a home that's been lived in?
A.
Yes.
10
Q.
Did you find food in the pantry?
11
A.
That's what the top photograph reflects.
12
Q.
Did you find beds with linens?
13
A.
Absolutely.
14
Q.
Did you find bathrooms with toiletries?
15
A.
Yes, I did.
16
Q.
What did you find with regards to clothing?
17
A.
There was clothing in the closets.
18
Q.
Did you find personal items such as photographs and
19
20
21
22
23
24
25
things of that nature?

A.
Yes, that's what the top pictures reflects was family
photographs that were out on a display.

Q.
How about the contents of the garage?
What did you
find in there?
A.
Yes.
The garage had items in it that you would
expect to find in a garage, like bicycles or athletic equipment

81
or other things of that nature.
shows.
Q.
That's what the top photograph
And with regards to the homes of Thomas Curry, Bill
Berntsen, Pete Goeddertz, Sybil Doyle, Roberta Cook, the
Allison boys, did you also find items that would be normal for
any home that was lived in?
A.
Yes, I did.
Q.
Did you have an opportunity, Mr. Stilwell, to obtain
records from the Montgomery County Appraisal District?
10
A.
I did.
11
Q.
And in those records, did you acquire homestead
12
exemption forms for the addresses that we've been talking about
13
today?
14
A.
I believe I was able to obtain some.
15
16
MR. WHITE:
certified records of the Montgomery County Appraisal District.
17
18
MR. HEATH:
21
22
We have no objection to their
admission, Your Honor.
19
20
The State offers State's 18,
THE COURT:
Q.
(BY MR. WHITE)
It's admitted.
Showing you State's 18.
Tell us what
this form is, please.

A.
Sure.
This is the -- well, this is the application
23
for essential homestead exemption of the Doyle's -- sorry about
24
that guys -- including Sybil Doyle, the voter that we have been
25
talking about.
82
Q.
bottom.
this form, they're making a certain representation; is that
true?
5
6
7
A.
And want to highlight a section down here at the

This isn't the best copy.
But when a person signs
Yes, the facts on the application are true and
correct.
Q.
And, specifically, it says:
"By signing this
application, you state that you are qualified for the
exemptions checked above.
You state that the facts in this
10
application are true and correct.
11
not claim an exemption on another residence homestead.
12
must notify the chief appraiser if and when your right to the
13
exemption end.
14
understand the penalty for filing a false statement."
15
You also state that you do

You
You swear or affirm that you have read and
Is that correct under step 6?
16
A.
It does indeed say that.
17
Q.
And then at the very bottom, it reads:
"If you make
18
a false statement on this application, you could be found
19
guilty of a Class A misdemeanor or a state jail felony under
20
Texas Penal Code Section 37.10; is that correct?
21
A.
That's correct.
22
Q.
And moving on to the second document here, we have a
23
residential homestead exemption for Mr. Pete Goeddertz; is that
24
correct?
25
A.
Can you zoom out a little bit for me?

83
Q.
Yes, sir.
A.
Yes.
Q.
And this 15910 Hartman Road in Magnolia, is that the
That is what that is.
same address that we've been looking at on all these forms and
that you highlighted on the map to the jury?
A.
Yes, it is.
Q.
Whose homestead exemption application is this, sir?
A.
This is the Jenkins' homestead exemption application.
Q.
And this is for what address?
10
A.
The 16 Pastoral Pond address that we've been
11
discussing.
12
Q.
And it's signed here by Mr. Jenkins and his wife?
13
A.
It is.
14
Q.
And is this the exemption form for Roberta Cook on
15
Sycamore?
16
A.
Yes, it is.
17
Q.
Also signed here by Ms. Cook here at the bottom?
18
A.
Yes, it is.
19
Q.
And is this one for Rick McDuffee and wife?
20
A.
I'm sorry.
21
22
23
24
25
is.
Can you zoom out just a touch?
There it
Yes.
Q.
And this one is on Nancy Lane in Conroe; is that
correct?
A.
That is for Nancy Lane, yes.
But if you'll notice
that it is -- he -Cassandra McCoy, CSR (936) 524-6305

84
MR. HEATH:
Your Honor, I object to the --
THE COURT:
Sustained.
MR. HEATH:
-- unresponsiveness.
THE COURT:
Sustained.
Q.
(BY MR. WHITE)
And, Mr. Stilwell, this is some
additional detail about this property in the Benders Landing
Estate.
A.
Can you explain that to us and legal description.

Sure.
The address where you see the red highlight
was the address that he was putting down, but it was not the
10
address that he was seeking the exemption for.
The address he
11
was seeking the exemption for was the Benders Landing Estate
12
property that we've been discussing.
13
Q.
And that is also signed here at the bottom by
14
Mr. McDuffee?
15
A.
It is.
16
Q.
Is this the homestead exemption for Mr. Tom Curry?
17
A.
Yes, it is.
18
Q.
And the property described as Stonecrest Ranch 01,
19
Block 1, Lot 43, do you recognize that as the property that you
20
showed the jury on the map earlier?
21
22
23
24
25
A.
Yes.
That's the same address we were talking about
in Stonecrest Ranch on Stonecrest Lane.

Q.
And is this the homestead exemption for Adrian Heath
and wife?
A.
Yes, it is.
85
Q.
map earlier?
A.
Yes.
Q.
Sworn to by Mr. Heath at the bottom of the form?
A.
Yes.
Q.
And an exemption for Bill Berntsen on Rain Forest
At the same address that you showed the jury on the
Court; is that correct?
A.
Yes, that's correct.
Q.
Also sworn to?
10
A.
Yes.
11
Q.
And finally, a homestead exemption for Peter Allison
12
who you testified was the father of Benjamin and Robert
13
Allison; is that correct?
14
A.
That is correct.
15
Q.
This is the 14993 Boyd Lane address in Conroe, Texas;
16
is that correct?
17
A.
Yes, it is.
18
Q.
And at the time of your civil matter involving this
19
election, according to Montgomery County Appraisal District
20
records, were all of these homesteads still in effect at the
21
time?
22
A.
Yes.
23
Q.
Mr. Jenkins, on his exemption, did you happen to
24
notice, I'll put it back up for you, when his homestead was
25
applied for?
86
1
2
3
A.
It was a long time ago.
could look on the document.

Q.
I want to say -- well, I
It looks like it says 1993.
And so that homestead exemption had been in place for
how many years, if you can do the math for us, at the time of
this election?
A.
As of the 2010 election, that would be 17 years.
Q.
Mr. Stilwell, at the civil trial, did you have an
8
9
opportunity to examine Mr. Jenkins on the witness stand?

A.
Yes.
10
civil trial.
11
Q.
And did he in fact admit to having a --
12
13
I was the attorney that questioned him at the
MR. HEATH:
any -- to this line of questioning.
It is improper.
14
THE COURT:
Overrule.
Anything else?
15
MR. HEATH:
That's it.
16
THE COURT:
Any other objection?
17
MR. HEATH:
Well, he is not -- it is an attempt
Just improper?
18
to impeach Mr. Jenkins before he's even testified.
It's an
19
improper manner of raising this type of evidence.
20
would be, it would be -- they can utilize it for impeachment
21
purposes only.
Our position
22
THE COURT:
Anything else to add?
23
MR. HEATH:
And because of the nature of that
24
trial, there was a different burden of proof; and, therefore, I
25
believe it would be improper to go into it.

87
1
2
3
THE COURT:
Q.
MR. HEATH:
nature of the question.
ask the question.
to it.
11
I'm going to object to the leading
He can ask him what he testified to.
THE COURT:
10
Mr. Stilwell, did Mr. Jenkins at that
trial --
4
5
(BY MR. WHITE)
Overrule.
All right.
Overrule.
Let's let him
At the end of the question, you can object
Let him ask the whole question.

Go ahead.
Q.
(BY MR. WHITE)
Mr. Stilwell, did you question
Mr. Jenkins regarding his homestead exemption?
12
A.
Yes, I did.
13
Q.
And what was his response?
14
A.
His response was that he had had his homestead
15
exemption on that 16 Pastoral Pond residence since the date of
16
the application and continuing through the civil trial.
17
18
Q.
And did he indicate whether he had changed it at any
point since then at that time?
19
A.
He had never withdrawn it.
20
Q.
Did you ask him whether or not he --
21
MR. HEATH:
Objection.
22
THE COURT:
Overrule.
Leading.
Let him ask the question
23
and then you can raise the objection at the conclusion of the
24
-- at the end of the question.
25
Go ahead.
88
1
2
Q.
(BY MR. WHITE)
his voter registration card?
A.
I did.
4
5
Did you ask him, Mr. Stilwell, about
MR. HEATH:
Once again, I'm going to object to
THE COURT:
Overrule.
him leading.
6
7
A.
I did ask him about his voter registration card.
Q.
(BY MR. WHITE)
9
10
MR. HEATH:
the leading nature of the question.
11
THE COURT:
12
or "no" answer.
13
test for leading.
14
Overrule.
It's calling for a "yes"
He's not suggesting the answer, which is the
Ask your question.
15
16
And did you ask him about the date --
Q.
(BY MR. WHITE)
Did you ask him about the date on
that card?
17
A.
I did ask him about the date and when he signed it.
18
Q.
And did he verify that information yes or no?
19
A.
He did verify that he had in fact signed the card on
20
or around the date that was indicated on the voter registration
21
card.
22
23
Q.
Did you ask him about his mailing address that he
listed on that card?
24
A.
I don't remember if I asked him that or not.
25
Q.
I'll show you something, if you don't mind, to

89
1
2
refresh your memory?

A.
3
4
5
6
7
8
9
10
15
16
17
18
19
That refreshes
my recollection.
Q.
And what did he indicate in regard to that mailing
address?
A.
He indicated that he had put that as his mailing
address on his voter's registration card, 16 Pastoral Pond.

Q.
Do you recall whether or not you asked him if he had
previously voted from that address?

MR. HEATH:
Your Honor, objection.
THE COURT:
Overrule.
That's
leading.
13
14
Thank you.
Yes, I did ask him apparently.
11
12
That would help.
A.
I don't remember if I asked him that particular
question.
Q.
(BY MR. WHITE)
Okay.
If I could refresh your
memory, if you don't mind, and I will...

A.
I did ask him how long he had had that registered
voting address at 16 Pastoral Pond Circle.
20
Q.
What was his response, Mr. Stilwell?
21
A.
He indicated close to 20 years.
22
Q.
Do you recall whether you asked him if he had stayed
23
at the Residence Inn hotel on April 5th of 2010?
24
A.
I did ask him that question.
25
Q.

90
A.
His response was that he had not stayed at the
Residence Inn hotel on that night or any other night in the
month of January, February, March, or April.
4
5
Q.
Did you ask Mr. Jenkins regarding what items he might
have taken with him to the hotel on May 7th?
A.
Yes, I did.
Q.
A.
He testified that he had taken one or two suitcases
of personal clothing, toiletries, and I think some business
10
papers.
11
Q.
Do you recall whether or not you asked him whether
12
the majority of his items were at the Residence Inn or at his
13
home?
14
A.
I did ask him that question.
15
Q.
What was his response?
16
A.
He indicated that the majority of his property was
17
18
19
either at his home or at his business.

Q.
Did you ask him specifically about the canoe sitting
on his driveway, if that was his canoe?
20
A.
I did ask him about the canoe.
21
Q.
22
A.
It actually was not his canoe, but he was storing it
23
24
25
at his home for a relative, if I remember correctly.

Q.
Did you ask him how many people stayed in his room
that night at the Residence Inn on the night of May 7th before
91
the election?
A.
I remember asking him about the people that stayed,
Q.
A.
I remember it was multiple people, but I do not
yes.
remember exactly who it was that stayed in his room.
it was four individuals and not his family members.
from this group that we're talking about.
Q.
I believe
But four
So, how many different families were represented by
10
the members staying in this room if that's the question you
11
asked him?
12
A.
Yeah.
It was not the Allison brothers.
And so, my
13
recollection was that it was four people from four different
14
families that stayed in his room.
15
16
Q.
Did you ask about his wife and what she thought about
the situation?
17
MR. HEATH:
18
It's going to be leading to hearsay with respect to what -- and
19
speculation with respect to what my client thought his wife
20
believed.
21
THE COURT:
Okay.
Well --
22
MR. HEATH:
We're wondering off.
23
THE COURT:
The question so -- the answer to the
24
question would not constitute hearsay, but maybe the follow-up
25
would.
92
MR. HEATH:
Yes, Your Honor.
A.
Yes, I did ask him about his wife as well.
Q.
(BY MR. WHITE)
Did you ask the defendant about the
statement on the voter registration card regarding the false
information to procure a voter registration?
A.
Yes, I did.
Q.
And did you ask him specifically if he understood it?
A.
Yes, I did.
Q.
What was his answer?
10
A.
Yes, he did.
11
Q.
And did you ask him specifically about the date of
12
13
He understood it.
April 5th on that application?

A.
Yes, I did because I wanted to make sure that he had
14
not stayed at the Residence Inn at the date that he was
15
declaring that as his residence.
16
him that when he was on the witness stand.
And I did specifically ask
17
Q.
And what did he say in response to that?
18
A.
He said that he had not stayed at the Residence Inn
19
as of the date that he signed and swore that he did.
20
Q.
Did he admit that he did not live there on that day?
21
A.
Yes, he did.
22
Q.
Do you recall whether or not the defendant testified
23
24
25
that he was trying to sell his home at 16 Pastoral Pond Circle?

A.
I did ask him about that and, yes, he did so
indicate.
93
1
2
Q.
Did you ask him his reason for why he was trying to
sell the home?
A.
I believe I did ask him about that.
Q.
Do you recall the response?
A.
I don't specifically recall that response.
6
7
8
9
10
11
12
just tell me a page number it can refresh my recollection.

Q.
I'm going to have to refresh your recollection with a
different volume here.

A.
Okay.
Yes, that refreshes my recollection about what
his response is.

Q.
And for identification purposes that was marked as
State's 31.
13
A.
Okay.
14
Q.
What was his response to you?
15
A.
That he was hoping to downsize.
16
You can
As of when I checked
the record yesterday, he had --
17
MR. HEATH:
I'm going to object, Your Honor.
18
THE COURT:
Sustained.
19
MR. HEATH:
I ask the Court admonish him not to
20
21
do that.
He's done it about 15 times.

THE COURT:
If -- Mr. Stilwell, if you would be
22
so kind, don't volunteer information.
23
Just answer the questions as they are asked.
24
THE WITNESS:
25
MR. WHITE:

Thank you.
Yes, Your Honor.
Your Honor, could we have one moment

94
to confer before we wrap things up?
2
3
THE COURT:
Q.
(BY MR. WHITE)
Yes.
As a matter of cleaning up, the State
has Exhibit 20, which was missing from the pack earlier.
Were
these the photographs which you took of Adrian Heath's home?
A.
Yes, they are.
Q.
And all the same context applies to those photos as
the photos that were admitted, State's 21 through 27?
A.
Yes.
10
Q.
And these photos fairly and accurately depict the
11
12
home as you saw it on that date; is that right?

A.
That's correct.
13
MR. WHITE:
State offers State's 20.
14
MR. HEATH:
Your Honor, I have no objection.
15
THE COURT:
It's admitted.
16
Q.
(BY MR. WHITE)
And the photos of Adrian Heath's
17
home, do they contain the same type of items as you found in
18
the other homes that indicated that it was lived in?
19
20
21
22
23
A.
Yes.
Clothing, pets, food.
Those same, similar
kinds of things.
Q.
Could you refresh our memories as to the date that
the lawsuit was filed?

A.
The election day was on a Saturday and I believe that
24
I filed suit the -- either the Monday or the Tuesday following.
25
So, either the 10th or the 11th of May.

95
Q.
So, Saturday was May 8th?
A.
Yes.
Q.
And so, it would have been the 10th or 11th of May?
A.
That's correct.
Q.
And do you recall, when you were examining
Mr. Jenkins, asking him about whether or not he changed his
driver's license?
A.
Yes, I did ask him about that.
Q.
And did he, in fact, change his driver's license?
10
A.
No, he had not changed his driver's license address
11
to the hotel.
12
Q.
If I can refer you to page 58/59 of State's 31.
13
A.
(Complying).
14
Q.
Okay.
15
16
17
It was the same address, 16 Pastoral Pond.
I'm sorry.
My mistake.
And what was the actual result of -- did
Mr. Jenkins change his driver's license?

A.
Yes.
Did he admit to that?
In fact, he testified that he had changed his
address on his driver's license to 9333 Six Pines Drive.
18
Q.
And then you examined him.
What did you ask him?
19
A.
Well --
20
Q.
Specifically, regarding when.
21
A.
I asked him when he had done so because what he had
22
at the time of the trial, in early June, was not a driver's
23
license but a printout from an online application through the
24
Texas Department of Transportation.
25
the date on -- the transaction date that he did it was
And he had indicated that

96
1
2
3
4
5
May 22nd.
Q.
And that date was before or after the filing of the
civil suit?
A.
It was after the filing of the civil suit and just
before the civil trial.
MR. WHITE:
Pass the witness.
THE COURT:
How about a break for lunch?
do you think, Mr. Heath?
9
10
What
Ladies and gentlemen, we are going to break for

lunch.
Could you all return back, please.
11
At 1:15.
1:15.
And remember the instructions the Court's given
12
to you.
If you go to lunch with some fellow jurors, don't talk
13
about the case.
All right.
Thank you.
14
All right.
15
(JURY NOT PRESENT)
16
Anything to bring up before we break for lunch
17
by the parties?
No?
Okay.
Jury is excused.
We're in recess.
Thank you.
18
(LUNCH BREAK TAKEN)
19
THE COURT:
20
Let's bring the jury in.
21
(JURY PRESENT)
22
THE COURT:
23
And when we went on the recess, I believe the
24
25
All right.
All right.
We ready?
All right.
Please be seated.
State had tendered the witness for cross-examination.

Mr. Heath, at your pleasure, sir.
97
MR. HEATH:
CROSS-EXAMINATION
BY MR. HEATH:
Q.
Mr. Stilwell, you indicated that you have practiced
law for the better part of 18 years; is that correct?
A.
That is correct.
Q.
And the entire time period has been in Montgomery
County; is that correct?
A.
The best part of it.
10
Q.
Where is your office currently located?
11
A.
My office is currently located off of Research --
12
excuse me -- off of Woodlands Parkway and Woodloch Forest.
13
want the street address?
You
14
Q.
Please.
15
A.
Sure.
16
Q.
And is that office in the RUD?
17
A.
You know, I believe it is.
18
Q.
Now, you've indicated that the RUD is similar to a
19
MUD.
20
MUD, is it?
21
It's 1400 Woodloch Forest Drive, Suite 590.
That -- the fact of the matter is, it's not similar to a
A.
I think that misstated my answer in that it is a
22
service that a municipality frequently offers.
23
was similar; but in a lot of ways, it is also different.
24
25
Q.
the RUD.
In that way, it
Because it -- no taxes are paid by the individuals in

The taxes are paid through the goods and services
98
that are sold in the RUD; isn't that right?
2
3
A.
Actually, I believe that it is an ad valorem tax
on the property owners in the RUD.
4
5
No.
Q.
And some of those property owners get tax abatements,
don't they?
A.
Some do.
Q.
Now, there's a list of voters that is in evidence,
one of the very first documents admitted.
voters, correct?
10
11
A.
And it lists 12
There were 12 voters who voted in the election,
correct.
12
Q.
And the early -- let me show you the -- it's been
13
marked as -- let's start with these.
14
State's Exhibit 3.
15
State's Exhibit 4 and
In State's Exhibit 3, if you will, can you tell
16
the ladies and gentlemen of the jury who were the two voters
17
reflected on that page.
18
A.
Sure.
They were Dirk Laukien and Katie Laukien.
19
Q.
And since you've handled this lawsuit, you seem to
20
know a whole lot about all of the facts surrounding this
21
situation.
22
vote in the RUD election?
23
24
25
Were those people, the Laukien's, registered to
A.
They were registered to vote in the RUD election,
Q.
And isn't it a fact that they changed their residence
yes.

99
on their registration form in February of 2010?
MR. WHITE:
Your Honor, may we approach?
THE COURT:
Is there an objection?
MR. WHITE:
I will object, Your Honor.
THE COURT:
All right.
What we have is realtime court reporting.
Come on up.
What
that means is, just as the witness is testifying, the
transcript is being printed out so the Court -- I can read it.
And it's over here on this side.
10
This screen is used for
operating the controls for the volume and things like that.
11
And -- this screen, that's why I'm looking over
12
here a lot.
It has the realtime.
13
I just turned it off.
I was going to show you, but
14
15
THE COURT:
Go ahead.
16
MR. WHITE:
The objection, Your Honor, is
17
relevance as to the two voters that were registered in this
18
that weren't part of this voting conspiracy because --
19
THE COURT:
What is the relevance?
20
MR. HEATH:
The relevance is that they did the
21
identical things that our people did.
22
they had every right to do it.
And our position is,
23
THE COURT:
Oh.
24
MR. WHITE:
There's no evidence of that in the
25
record that I'm aware of, Your Honor.

100
MR. HEATH:
It's replete in the trial that
you've been -- the testimony which you've been going through in
some detail.
4
5
MR. GLICKLER:
The only testimony was the
defendant's, which is his statement.
THE COURT:
Okay.
Well, it doesn't seem
relevant.
Two wrongs don't make a right.
-- you can put him back on later if you feel like you want to
support it in your defense.
10
MR. HEATH:
And -- but you can
Not two wrongs.

Our position is, they had every
11
right to do what they did, just like we did.
12
position.
13
14
MR. GLICKLER:
THE COURT:
Well, you can point that out.
I'm
going to overrule the objection right now.
17
18
They weren't even registered at a
hotel.
15
16
That's our
MR. HEATH:
Our position
is they did the right thing, too.
19
MR. GLICKLER:
Your Honor, at that point then,
20
we're trying people who aren't on trial.
21
THE COURT:
That's right.
But he has a fair
22
opportunity to try to make a certain defense.
I haven't -- to
23
present a defense to be considered by the Court for submission
24
to the jury.
25
you would rather this be done outside the presence of the jury.
How can he do that unless you want to say that

101
MR. GLICKLER:
Well, I'm just concerned.
This
is like when you're trying a speeding trial and the defense
comes in and says, well, three other people sped down the road.
MR. HEATH:
That's --
MR. GLICKLER:
MR. HEATH:
It's different.
THE COURT:
In considering, I'm just going to
That's not relevant.
sustain the objection.
I'll give you an opportunity to
supplant the record to convince me that it is relevant.
At
10
this time, I don't find it to be relevant because what we've
11
heard, the presentation of the State.
12
indicted somebody and there's probable cause finding that
13
somebody has committed a crime.
14
does the same thing historically is not a defense.
15
MR. HEATH:
16
didn't commit a crime.
17
either.
18
19
And the State has
Just because somebody else
Your Honor, our position is, he
And our position is that they didn't
THE COURT:
You'll have a chance to supplant the
record to convince me that it ought to come before the jury.
20
MR. HEATH:
And for purposes of the record --
21
THE COURT:
I sustained the objection.
22
MR. HEATH:
I understand that.
23
But I still
would like to make a bill in question and answer form.
24
THE COURT:
You'll have time to do that.
25
MR. HEATH:
At the end of his testimony

102
possibly.
THE COURT:
Okay.
THE COURT:
Okay.
(BY MR. HEATH)
Go ahead.
Q.
And you remember cross-examining
Mr. Jenkins.
you cross-examined him in the civil trial; is that correct?
You've already mentioned several instances where
A.
Yes.
I did cross-examine him, yes.
Q.
Do you remember asking Mr. Jenkins and --
10
specifically asking him if, upon receipt of a letter, did that
11
letter encourage you to exercise your right to vote in a manner
12
consistent with the law?
13
to that?
14
15
A.
Do you remember what his answer was
I want to make sure that we're talking about the same
thing so that I give the right answer.
16
Q.
If I could show you the passage, would that help you?
17
A.
Certainly would.
18
19
22
May I approach the witness, Your
THE COURT:
Yes.
Honor?
20
21
MR. HEATH:
A.
I think I know what you're talking about, but I want
to be certain.
23
Okay.
24
the question.
25
Q.
Yes, I remember the letter and I remember
(BY MR. HEATH)
All right.
You remember what his

103
answer was?
A.
legal manner.
Q.
In a legal manner; is that correct?
A.
Yes.
Q.
And your response to him was:
Yes.
That the letter encouraged him to vote in a
I understand that's
what you believe occurred.
That's what you told him, didn't you?
A.
Probably.
10
Q.
You've testified that you went to his house; is that
11
correct?
12
A.
I did go to his house.
13
Q.
And at the time that you went to his house and took
14
photographs, do you remember whether there was a "for sale"
15
sign there or not?
16
A.
There was a "for sale" sign on the lot.
17
Q.
Now, you've testified that his reason for wanting to
18
move was to downsize?
19
A.
That's what he testified to.
20
Q.
But that's not all he said, is it?
21
A.
I think he gave a longer answer to that, but that was
22
23
24
25
the gist of it.

Q.
Did he not indicate that all of his children were
grown?
A.
He did indicate that that was part of his reason for

104
1
2
3
downsizing.
Q.
That at the time of the election, his last child was
still residing at the residence?
A.
He did tell me that.
Q.
But was engaged and planning on moving out; is that
6
7
right?
A.
I don't remember whether he told me the last part;
but, yes, he did still have a child living with him that was an
older child.
10
11
12
13
Q.
He also indicated that he had found out that his
house was in the floodplain?

A.
I don't think that his house -- I don't think he said
his house was in the floodplain.
I think that's incorrect.
14
Q.
You don't remember him saying that?
15
A.
I think he said it was near a floodplain.
16
Q.
And that was a concern, right?
17
A.
I think that -- yes.
18
Q.
And he also indicated concern about the size of the
19
20
21
22
23
home and the maintenance of the home, right?

A.
As I indicated, yes, he said he was going -- he was
thinking about downsizing.

Q.
And you cross-examined him quite a bit about where
his grandkids were and all those things, didn't you?
24
A.
I don't believe so, no.
25
Q.
You remember him testifying to that effect though,

105
that all of his grandkids were away from his house and not in
The Woodlands area; is that right?
A.
I think that's correct.
Q.
Did -- do you remember or not whether Mr. Jenkins
ever apprised you of the fact that he had purchased land in
Arkansas?
A.
He did not tell me that.
Q.
Did he ever apprise you of the fact that he was
closing his -- winding his business down?
10
A.
He did not say so, no.
11
Q.
Where did he say his business was located?
12
A.
I know from the Residence -- I don't think he told
13
me.
I know what address was on the Residence Inn
14
registrations.
15
Q.
Okay.
And what was that address?
16
A.
If we can pull it, I can give you a specific address.
17
I don't remember it.
18
registration.
19
Q.
I just remember that it was on the
And do you remember in what -- where it was located?
20
In other words, you don't know the address, but what part of
21
town it was located in?
22
A.
I believe it's in Harris County.
23
Q.
Now, let me show you what's been marked as State's
24
25
Exhibit Number 7.
A.
And just the first page, what is that?
This is -- State's Exhibit 7 was the voter's

106
1
2
3
4
registration application forms that we looked at.

Q.
Now, section number nine, would you read that in its
entirety for the jury?

A.
Sure.
It says:
I understand that giving false
information to procure a voter registration is perjury and a
crime under state and federal law.
may result in imprisonment up to 180 days, a fine up to $2,000,
or both.
statements to affirm before signing.
Conviction of this crime
Please read all three, and three is underlined,
10
Then there were three bullet points.
11
First bullet point:
12
13
14
I'm a resident of this
county and a U.S. citizen.

Q.
Stop there.
Is Mr. Jenkins, to the best of your
knowledge, a resident of Montgomery County?
15
A.
Yes.
16
Q.
And is he a U.S. citizen?
17
A.
Yes.
18
Q.
All right.
19
A.
Did you want me to continue?
20
Q.
Yes, sir.
21
A.
Second bullet point:
I have not been finally
22
convicted of a felony, or if a felon, I have completed -- the
23
date stamp goes across the wording.
24
Q.
I understand.
25
A.
And it continues:
Including any term of

107
incarceration, parole, supervision, period of probation, or I
have been pardoned.
Q.
All right.
To the best of your knowledge at the time
on April the 5th of 2010, when Mr. Jenkins ostensibly filled
out this form, had he ever been convicted of a felony?
A.
I do not have any knowledge of his criminal record.
Q.
All right.
A.
It says:
And then lastly, what does it say?

I have not been determined by a final
judgment of a court exercising probate jurisdiction to be
10
totally mentally incapacitated or partially mentally
11
incapacitated without the right to vote.
12
13
Q.
So, those are -- the three things that you're signing
-- your signature to under penalty of perjury; is that correct?
14
A.
That is not all; but, yes, those three things are.
15
Q.
And it tells you specifically and underlines it.
16
What does it say?
17
those, correct?
18
19
20
21
A.
It says:
It says, in order to -- you have to affirm
Please read all three statements to affirm
before signing.
Q.
So, it's an affirmation of those three statements and
it asks for your signature; is that correct?
22
A.
And additional information, yes.
23
Q.
And my question is:
24
25
It is specific to those three
bullet points, is it not?

A.
Those are included but not all.

108
1
2
3
Q.
It doesn't say these are included but not all, does
A.
It says:
it?
I understand that giving false information
to procure a voter registration is perjury and a crime under
state and federal law.
Q.
Right.
And so, you have to affirm those three items
because that's what you have to -- that would make you
ineligible to be registered if you had any of those three
items, correct?
10
A.
Any of those three would and other things as well.
11
Q.
It doesn't say that, does it?
12
A.
I disagree with you, sir.
13
Q.
Well then we disagree, Mr. Stilwell.
14
THE COURT:
Is that a question?
15
MR. HEATH:
It isn't, Your Honor.
16
I'll refrain
from that.
17
Q.
(BY MR. HEATH)
30 days is not a magic number, is it?
18
A.
I don't believe in magic, sir.
19
Q.
In fact, if a person fills out a registration form
20
30 days in advance of an election and they're not living at the
21
residence at the time they fill it out, it has no legal effect
22
whatsoever, does it?
23
A.
I'm not certain of your hypothetical, sir.
24
Q.
Well, it's very simple.
25
The only reason that you
register 30 days before the election is for administrative

109
purposes only, isn't it?
A.
I don't believe that's the case, no, sir.
Q.
You don't believe that's the case?
A.
I don't think it's solely administrative, no, sir.
Q.
I see.
A.
I think that's the Election Code's position, sir.
Q.
That you have to be a residence for 30 days -- a
8
9
10
And that's your position as you sit in court?
resident for 30 days?

A.
No, that a voter's registration application is more
than merely administrative.
11
Q.
Well, that's not the question I asked you, is it?
12
A.
Then I must have misunderstood you because I believe
13
14
that's what you're asking.

Q.
What I'm asking you is:
The only reason you have to
15
register 30 days before an election is for administrative
16
purposes for the benefit of the Secretary of State and the
17
people that work under them, right?
18
19
20
A.
I don't believe that's what the election code says,
no, sir.
Q.
And that would be maybe the county registrar voters?
21
Would help them if you registered 30 days in advance of the
22
election, right?
23
24
25
A.
I'm certain it would help the registrar; but, again,
I don't believe that that's what the election code says.

Q.
All right.
That's your belief, correct?

110
A.
That's what I said, yes, sir.
Q.
All right.
Now, let's go to -- does the election
code talk about the length of time a person has to reside at a
spot?
5
6
A.
I don't believe that the election code puts a period
of time on it.
Q.
That's correct, isn't it?
A.
I don't believe the election code states a period of
Q.
And who does the election code allow -- who is
9
10
11
12
13
No period of time, right?
time.
supposed to put down what their residence is?

A.
The voter has to swear as to their residence on their
voter's registration application.
14
Q.
So, they get to choose, don't they?
15
A.
It's not a choice, sir.
16
Q.
And that's your position that it's not a choice?
17
A.
That's correct.
18
Q.
Well, is it the government's choice?
19
It's not a choice.

Is it the
government's choice where you live?
20
A.
I don't understand your question, sir.
21
Q.
Well, whose choice is it where you live, where you
22
23
24
25
reside for voting purposes?

A.
I think residence is an issue of law that the Court
is able to apply a definition to.

Q.
So, if any of the jurors here or anybody in this

111
courtroom has any issues about whether they reside in a certain
place for voting purposes, I guess it's your testimony that
you'd have to go to court to find out; is that right?
4
5
A.
No, it's not.
If you don't live there, you don't
reside there certainly.
Q.
Now, you're a politically active person, aren't you?
A.
Reasonably.
Q.
You've run for office in The Woodlands Township
before, haven't you?
10
A.
I have.
11
Q.
And you knew the people who voted in this election,
12
didn't you, the Laukien's?
13
personally?
You knew them, didn't you,
14
A.
I do.
15
Q.
And one thing I wanted to clear up with you because I
16
think there's some lack of clarity on this one issue.
The
17
three individuals that registered to be board members of the
18
RUD did not have to live in the RUD, did they?
19
A.
That's exactly what I said, correct.
20
Q.
So, I -- certainly don't want anybody to have the
21
impression that because they didn't live in the RUD, they
22
couldn't run for a directorship; is that correct?
23
A.
That's correct.
24
Q.
In fact, all the other directors in that RUD didn't
25
live in the RUD either, did they?

112
A.
That's correct.
Q.
Not a one of them.
And, in fact, in the -- how long
was that RUD in existence to the best of your knowledge?
A.
formed.
Q.
Could it be more than a decade?
A.
I don't know.
Q.
Well, the fact of the matter is, this particular
9
10
You know, I'm not sure when the RUD was originally
election in 2010 was the only election they ever had for
directors, isn't it?
11
A.
I don't know.
12
Q.
You indicated that this one election was the only one
13
you knew about, right?
14
A.
That's the only one I'm aware of.
15
Q.
So, if there's no election, the individuals that have
16
been serving on the Board don't have to be re-elected, do they?
17
A.
There's not a voting election if it is uncontested.
18
Q.
Right.
19
So, the RUD can kind of just pick whoever
they want to be directors, can't they?
20
A.
I don't believe that's the case at all, no, sir.
21
Q.
Okay.
22
A.
I think people register to run for office and if
So, what happens?
23
there are not multiple candidates for office, there is no
24
election.
25
Q.
Now, in 2010 people did run, didn't they?

113
A.
They did.
Q.
And what about when a person serving on the RUD as a
director and they decide they don't want to continue serving as
a RUD member but there's no election, how are they replaced?
A.
I do not know how the legislation replaces vacancies.
Q.
But certainly not by election, is it?
A.
I do not know how the RUD replaces vacancies.
not know.
9
10
Q.
Now, were you aware that there was going to be a RUD
election before the election occurred in May or after?
11
12
I do
A.
No.
I was aware that the election was going to take
place before it took place.
13
Q.
Okay.
15
A.
Maybe 30 days in advance of the election or so.
16
Q.
So, sometime in April; is that correct?
17
A.
Probably correct.
18
Q.
And was that when Carol Gaultney, an official here in
14
19
So, approximately when did you find out about
it?
-- or was an official back then.
I think the registrar, right?
20
A.
She was the voter registrar at that time period.
21
Q.
She declared that there would be an election in that
22
RUD, didn't she?
23
A.
She did declare that there would be an election in
24
the RUD, yes.
25
Q.
And as soon as she declared that, that's when you

114
1
2
3
4
5
found out about it, right?

A.
I don't believe I found out because of that, but that
did occur about the same time that I found out about it.
Q.
So, did you find out about it in your professional
capacity or in your political activities?
A.
Neither.
I read it in the newspaper.
Q.
Would that have been the Conroe Courier?
A.
I believe I read about it in the Courier.
Q.
Now, to the best of your knowledge, weren't there
10
other people that were registered to vote other than these 12
11
people in the RUD?
12
13
A.
There were other people that registered to vote than
those 12 people, correct.
14
Q.
And at various addresses?
15
A.
Yes.
16
Q.
So, there were more than 12 people that resided in
17
the RUD at least according to the rolls, the registrar's rolls;
18
is that correct?
19
20
A.
There were more than 12 people on the registrar's
rolls for the RUD, yes.
21
Q.
But only 12 people voted?
22
A.
That's correct.
23
Q.
Now, going to the large exhibit where you, in
24
detailed form, throughout where the RUD was.
25
Woodlands area use the RUD virtually on a daily basis, don't

Residents of The
115
they?
A.
They use the roads on a daily basis.
Q.
They use the park, the Pavilion, don't they?
A.
I think people go to the Pavilion, absolutely.
Q.
And it serves a community purpose, does it not?
A.
I think that they sometimes hold community events
there, yes.
Q.
People attend meetings within the RUD, don't they?
A.
They attend meetings in buildings that happen to be
10
located in the RUD, yes.
11
Q.
People shop in the RUD?
12
A.
People shop at stores that are located in the bounds
13
of the RUD, yes.
14
Q.
All right.
15
A.
They don't shop in the RUD.
16
17
boundaries, the legal boundaries of the Road Utility District.

Q.
18
19
20
21
22
23
24
25
They shop inside the
Well, that's kind of what I was asking.

And people work in the RUD?
A.
People work in businesses located inside the
boundaries of the district, yes.

Q.
And they drive on those roads every day, don't they?
They rely on those roads?

A.
Absolutely.
People rely on and drive on those roads
every day.
Q.
And would you say that the RUD is an integral part of

116
The Woodlands?
A.
I think the Road Utility District provides an
extremely important service to the people who use those roads,
yes.
Q.
How about shop in those shopping centers?
A.
I think it's important to have good roads to be able
7
8
9
10
to go to those shopping centers.

Q.
That are within the RUD, right, those shopping
centers?
A.
They're village centers that are located there and
11
the Town Center, which includes the mall, is located in the
12
bounds of the district, yes.
13
Q.
Is there a library there?
14
A.
I'm trying to remember whether the library is -- it's
15
in the Town Center and I'd have to look specifically to see if
16
it was inside the bounds of the RUD or not.
17
18
Q.
Are the offices of The Woodlands Development Company
in the RUD?
19
A.
Yes.
20
Q.
And people vote in the RUD, too, don't they?
There's
21
buildings in the RUD where -- that are ballot places; is that
22
correct?
23
A.
I think it depends on which election you're talking
24
about, but I'd have to check to see whether the early voting
25
location in the Town Center is -- there are a few out tracts in

117
Town Center.
inside or outside of the RUD because that's owned by the
county.
Q.
I understand.
A.
And the county doesn't pay taxes.
Q.
So, your answer is you're not certain?
A.
I'm not certain on the early voting location that
I'd have to look to see whether that location was
people go to in the Town Center.
Q.
All right.
Now, just so I'm clear on this issue.
10
Mr. Jenkins did change his driver's license address, did he
11
not?
12
A.
Yes.
13
Q.
And what address did he change it to?
14
A.
He -- on May 22 after the election, he changed it to
15
9333 Six Pines Drive.
16
17
Well, yes, he did.
MR. HEATH:
That's all the questions I have at
this time, Your Honor.
18
THE COURT:
Anything else?
19
MR. WHITE:
Brief redirect, Your Honor.
20
THE COURT:
Go ahead.
21
REDIRECT EXAMINATION
22
BY MR. WHITE:
23
Q.
Mr. Heath asked you about a letter and whether you
24
asked Mr. Jenkins whether it encouraged him to vote in a legal
25
manner.
118
A.
Yes.
Q.
Were you serious when you asked that question or were
you being somewhat sarcastic?
tone from the transcript.
A.
It was difficult to tell your
There was a little bit of sarcasm because it was a
letter from the Montgomery County District Attorney sent to Mr.
Jenkins and others.
8
9
10
Q.
these people to vote or was the letter actually warning them

against illegal voting?
11
12
Now, was the purpose of that letter to encourage
A.
It was warning them against illegal voting and it
suggested that they only vote in a legal manner.
13
Q.
And as to Mr. Jenkins' home for -- at 16 Pastoral
14
Pond that was listed for sale, do you happen to know whether
15
that home ever did sell?
16
MR. HEATH:
Objection.
Irrelevant.
17
THE COURT:
Response?
18
MR. WHITE:
Well, I think whether or not the
19
home sold would have to do with the seller's genuine intent to
20
sell the home if it was sold, if the price of it was reasonable
21
for the market, that sort of thing.
22
sell.
If it is for sale at this time.
23
24
25
And if it actually did
THE COURT:
Okay.
Overrule.
You may ask the
question.
Q.
(BY MR. WHITE)
Do you happen to know if that

119
1
2
3
property ever sold?

A.
As of yesterday, Mr. Jenkins still owned it and
declared it as his homestead.
MR. WHITE:
Pass the witness.
MR. HEATH:
Just a couple of questions.
RECROSS-EXAMINATION
BY MR. HEATH:
Q.
9
10
11
12
13
14
With respect to this letter that you talk about the
Montgomery County District Attorney sending, did that letter in

any way, shape, or form tell those voters not to vote?
A.
It told them not to cast an illegal vote and
encouraged them to only vote in a legal manner.

Q.
Well, is that all it said?
this is for informational purposes?
Didn't it actually say

Did it not say that?
15
A.
I'd have to see the letter.
16
Q.
Did it not say that we urge you to read the election
17
code laws applicable?
18
A.
19
Q.
Did it not also give within the confines of the
20
letter, within the four corners of the letter, opinion papers
21
that they suggested each of these voters review that were from
22
the Secretary of State and from the Attorney General?
23
don't remember that either, do you?
24
A.
25
letter.
You
It's been at least two years since I looked at that

120
Q.
So, you feel more comfortable if you read the letter?
A.
I would.
Q.
By the way, who wrote that letter?
A.
I believe it was signed by Phil Grant who is an
6
7
8
I can't answer your question without doing
it.
assistant district attorney.

Q.
In fact, isn't he the first assistant district
attorney?
A.
I believe he is.
And I believe he was at that time.
10
Q.
And did you -- when you found out that there was
11
going to be an election, did you advise the District Attorney's
12
office of that election?
13
A.
No, I did not.
14
Q.
Did you urge anybody to advise the District
15
Attorney's office?
16
A.
No, I did not.
17
Q.
In other words, direct them to do that?
18
A.
No.
19
Q.
I know I have that letter.
20
they did.
21
22
I couldn't find it, but
All right.
Here's the letter.
Tell me if I'm
not right in the questions I ask you.
23
A.
And your question again, sir?
24
Q.
Well, doesn't the letter say for informational
25
purposes only?
121
A.
It says:
This letter is being sent to all currently
registered voters within the jurisdiction for informational
purposes only.
Yes, it does.
Q.
So, it's not a threat, is it?
A.
I don't think it was.
Q.
And it's not telling the people that, hey, you
shouldn't vote in an election, is it?
A.
It does not say, do not vote.
Q.
But it did say, we want you to look at election code
10
-- what section did it talk about?
11
A.
I don't think it mentions the election code in the
12
letter.
It has the penal code provision for illegal voting.
13
Q.
Is that a penal code or is that an election code?
14
A.
No, you're correct.
15
16
17
18
19
20
21
on illegal voting.
Q.
You're correct.
And it pretty much just goes through the whole thing,
right, on illegal voting?

A.
It is an election code provision
Yes.
Right?
It sets forth the criminal penalties for
knowing voting violations, yes.

Q.
And it also talks about what an eligible voter is,
doesn't it?
22
A.
No.
23
Q.
Does it talk about what a qualified voter is?
I'm
24
not talking about the body of the letter.
I'm talking about
25
the resource and the reference materials that they tell the
122
1
2
readers to study.
A.
The letter does not talk about qualified voters, no.
It does provide resources that if -- it says:
concerns about the legitimacy of your voter registration,
you're encouraged to seek counsel to advise you; and then gives
two resources to look at.
7
8
Q.
If you have
So, when you hear, you're advised or you are urged to
seek counsel, could that be a lawyer?
A.
I think so.
10
Q.
Could that be an official from the Secretary of
11
12
13
State?
A.
counsel.
I generally don't think they're referred to as

I think that's generally lawyers.
14
Q.
Could that be people from the Attorney General's
15
office?
16
A.
I think that would be fair.
17
Q.
All right.
Now, it also, besides giving you the
18
complete layout of the law -- because it specifies Section
19
64.012 Illegal Voting, right?
20
A.
It does.
21
Q.
And then they say we urge that you seek counsel,
22
right?
23
A.
It does.
24
Q.
And it attaches -- of course the copy that I have
25
here doesn't have the attachments, but the attachments are -Cassandra McCoy, CSR (936) 524-6305
123
and you remember them -- you remembered there was a Secretary
of State position paper, an Attorney General position paper,
and a full printout of all the applicable law attached to that
letter?
A.
I never saw a copy that had any attachments.
Q.
You didn't know that?
A.
And the letter doesn't reference that it has
attachments.
Q.
But they ask a person to seek counsel; is that right?
10
A.
They say that if you have any questions about the
All right.
11
legitimacy of your voter registration that they are encouraged
12
to seek counsel.
13
Q.
So, hypothetically, if a person that received that
14
letter sought counsel and counsel told him it was okay to vote,
15
did they do what they letter told them to do?
16
MR. WHITE:
Objection.
17
THE COURT:
Do you know the answer to that?
18
THE WITNESS:
19
22
I believe I can answer that, Your
Honor.
20
21
Calls for speculation.
THE COURT:
A.
Overrule.
I believe it would do one of the things the letter
told them to do.
23
Q.
(BY MR. HEATH)
24
A.
I think the letter told them only to vote in a legal
25
What else did it tell them to do?
manner and to not vote in an illegal manner.

124
1
2
And it told them to look at those resources, didn't
A.
It did give two resources that could be looked at,
it?
3
4
Q.
yes.
5
6
MR. HEATH:
That's all the questions I have at
this time, Your Honor.
FURTHER REDIRECT EXAMINATION
BY MR. WHITE:
Q.
Mr. Stilwell, do you happen to know whether or not,
10
talking about counsel, whether the Attorney General's office is
11
allowed, by law, to give advice to a private citizen or whether
12
their only client is the state of Texas?
13
that?
14
15
A.
Do you happen to know
I believe that the Attorney General's client is the
state of Texas.
16
MR. WHITE:
And at this time, State would offer
17
these letters, State's Exhibit 34.
It's been premarked.
18
just offer these at this time for all purposes.
We'd
19
MR. HEATH:
I have no objection.
20
THE COURT:
Okay.
MR. WHITE:
State's Exhibit 34 are letters from
21
For the record, what is it
consisting of?
22
23
the Montgomery County District Attorney's office to the voters
24
in this case.
25
One to Adrian Heath.

THE COURT:
Is it the item that the witness was

125
being interrogated on by --
MR. WHITE:
Yes.
MR. HEATH:
It is, Your Honor.
THE COURT:
All right.
objection.
5
6
And we have no
Okay.
State's
Exhibit 34 is admitted.
MR. WHITE:
No further questions.
MR. HEATH:
No further questions, Your Honor.
THE COURT:
All right.
11
MR. WHITE:
Yes, Your Honor.
12
MR. HEATH:
No objection, Your Honor.
13
THE COURT:
You're excused, sir.
14
MR. STILWELL:
10
15
May this gentleman be
excused?
And, Your Honor, am I released
from the rule?
16
MR. HEATH:
I would object to that.
17
THE COURT:
Not until the end of trial, sir.
18
Thank you for bearing with us.
19
MR. STILWELL:
Thank you.
20
THE COURT:
Call your next witness, please.
21
MR. WHITE:
State calls Phil Grant.
22
MR. GLICKLER:
Your Honor, we also have another
23
witness with us, our sergeant.
So we figured now, we'll at
24
least give you two witnesses to swear in and explain to her the
25
rule.
She was not sworn in earlier.

126
1
2
THE COURT:
That's okay.
in when they come.
MR. GLICKLER:
THE COURT:
I'll just swear them
Okay.
Just as long as they know what the
rule is.
MR. GLICKLER:
THE COURT:
Thank you.
All right.
You've not been sworn in yet, right?
MR. GRANT:
No, sir.
10
(WITNESS SWORN)
11
THE COURT:
Yes, sir.
12
13
Thank you.
Your witness.
PHIL GRANT,
14
DIRECT EXAMINATION
15
BY MR. WHITE:
16
Q.
Good afternoon, Mr. Grant.
17
A.
No problem.
18
Q.
Could you please introduce yourself to the jury.
19
A.
My name is Phil Grant.
20
21
Thanks for being with us.
I'm the First Assistant
District Attorney here in Montgomery County, Texas.

Q.
And do you have a recollection of a situation
22
involving The Woodlands Road Utility District and a voting
23
situation back in 2010?
24
A.
I do.
25
Q.
I'm going to show you what's been marked and entered

127
into evidence as State's Exhibit 34.
recognize this, please?
Could you tell me if you
A.
I do.
Q.
And what are these letters?
A.
These are letters we sent out, I guess in April of
2010, after we received notification that several individuals
had registered to vote at a hotel in the Road Utility District
down in The Woodlands.
Q.
And what was the purpose of this letter?
10
A.
Well, the purpose of the letter was I think to
11
caution the individuals that had voted -- or who had registered
12
to vote in the hotel of what the current status of the law was
13
as far as where you could vote and where you couldn't vote in
14
hopes that they would make the right decision in regards to
15
where they voted in that election.
16
Q.
17
threat?
18
A.
Would you or would you not consider this letter a
It wasn't a threat.
It was an informative letter, I
19
thought, making sure that these individuals knew the current
20
status of the law about where they registered to vote.
21
22
23
24
25
Q.
Would you or would you not say that this letter was a
blanket encouragement to go exercise their right?

A.
I don't think I was encouraging them to vote where
they were currently registered, no.

Q.
So, it was neither one of those.
It was simply a

128
1
2
cautionary letter; is that right?

A.
Right.
3
4
MR. HEATH:
I'm going to object to the -- I'm
going to object as being leading and --
THE COURT:
Sustained.
MR. HEATH:
-- being suggestive.
THE COURT:
Sustained.
8
9
10
Q.
(BY MR. WHITE)
How would you characterize this
letter in light of those two positions?

A.
Well, our office does not provide legal advice to
11
private citizens.
12
the District Attorney's office.
13
We don't think that's one of the duties of
However, we got several phone calls from these
14
individuals, several phone calls from folks that represented
15
The Woodlands Road Utility District and we felt it was in the
16
best interest to remind them of the law regarding the -- where
17
you vote and where you can register to vote in hopes that there
18
wouldn't be criminal activity in the future.
19
Q.
Do you know an attorney named James Stilwell?
20
A.
I do.
21
Q.
Were you urged by him specifically to send these
22
23
letters out to these individuals?

A.
The Woodlands Road Utility District representatives,
24
which I guess was James Stilwell and his law firm, did come
25
meet with us, explained what had happened, and asked us to

129
intervene.
intervene at this point.
best course of action to try to resolve the circumstance.
4
5
6
Q.
We felt like we were limited in what we could do to

And this letter, we thought was the
Do you recall that was Stilwell's firm or whether it
was the law firm of Mike Page?

A.
I know I talked to both those individuals prior to
sending out the letter, so I'm not sure exactly sure which of
those two encouraged us to get involved at that point.
Q.
Okay.
10
A.
But both of them -- both of them -- we had
11
discussions with both of them before we sent this letter out to
12
my recollection.
13
14
15
16
17
18
19
20
21
Q.
But you don't recall specifically that Mr. Stilwell
urged that this letter be sent?

A.
No.
I don't recall which one specifically asked us
to get involved.
Q.
Besides informing the voter of the illegal voting
statute, does this letter do anything else in your opinion?

A.
Try to keep it as general and as informative in its
tone as I could.
Q.
And correct me if I'm wrong, but, generally, when
22
writing one of these letters, one does not want to discourage a
23
voter and their right to vote; is that true?
24
25
A.
Absolutely not.
We want people to vote where they're
supposed to vote.
130
MR. WHITE:
I'll pass the witness.
MR. HEATH:
May I proceed, Your Honor?
THE COURT:
Yes.
CROSS-EXAMINATION
BY MR. HEATH:
Q.
Mr. Grant, besides the letter referring to the
statutes, you also suggested that they do other reading, did
you not?
A.
Yes.
10
Q.
And can you tell the members of the jury what you
11
12
told them to read?

A.
There were a couple of opinions out there from the
13
Attorney General's office, from the Secretary of State that I
14
thought would be informative.
15
statute on illegal voting for them to review.
16
Q.
I also included the criminal
And did the -- did the -- was that a comprehensive
17
printout of the -- of the election code sections?
18
words, did it include qualified voter as well as illegal voter?
19
A.
In other
I'd have to go back and review those sites to know
20
exactly what they contain.
21
starting point for them in determining where they could vote or
22
and where they couldn't vote.
23
Q.
But I thought it was a good
Now, the -- it's a touchy area, is it not, especially
24
for the District Attorney's office, when you're put in a
25
position to write a letter that may or may not influence a

131
person from exercising their right to vote?
A.
Well, sure.
I mean, you want people to vote where
they're lawfully eligible to vote.
to discourage people from exercising their lawful right to
vote.
undermined by people that are voting where they're not supposed
to.
8
9
You don't want, in any way,
But at the same time, you don't want elections being
Q.
All right.
And when you wrote this letter, you knew
that there was no durational residency requirement before
10
voting?
11
A.
Define durational voting requirement?
12
Q.
Any length of time residing where you say you reside.
13
A.
I think there has to be an intent to establish a
14
permanent residence.
15
16
You were aware of that, were you not?
Q.
is:
All right.
But that's not my question.
My question
There's no durational requirement?
17
A.
I don't think there's any specific time on it, no.
18
Q.
Secondly, when one registers to vote, they are
19
supposed to register to vote at least 30 days before the
20
election, right?
21
22
23
24
25
A.
I think that's correct.
I'd have to look at the
statute.
Q.
And the statute as it stands today does not use the
words "permanent residence," does it?

A.
I'd have to look at statute.

132
Q.
Now, if an individual read and reviewed as hard as
they could and even sought the advice of counsel and believed
and made the determination to vote after you've given them
everything, then they do everything that you suggested they do
in that letter --
MR. WHITE:
-- it's facts not in evidence.
it's not relevant.
9
10
THE COURT:
It calls for speculation and
Well, the witness would be the right
guy to answer that, wouldn't he?
11
MR. WHITE:
If he can.
12
THE COURT:
Overrule.
13
14
15
16
17
That calls
A.
If they voted somewhere that wasn't their permanent
residence, then, no, I would disagree with that.

Q.
(BY MR. HEATH)
permanent residence.
A.
Remember now, the statute doesn't say
It says residence.
And I agree with you.
But I think if you interpret
18
the statute correctly, you have to have an intent to live in
19
that place.
20
to vote where you intend to reside and live, not just -- not
21
just some temporary place where you rent a hotel room.
22
23
Q.
You can't just vote wherever you want to.
You got
And so, that's your interpretation of those position
papers, right?
24
A.
I think that's what those position papers say, yes.
25
Q.
But it's your interpretation of those, right?

133
A.
I think --
Q.
But it's not necessarily the interpretation of the
individuals that you urged to review them.
benefit of being a lawyer, right?
You have the
A.
I do.
Q.
You have the benefit of years of law school and years
of studying the law and years of practicing in the criminal
area, right?
A.
I do.
10
Q.
And it is also a distinct possibility that other
11
lawyers disagree with you, right?
12
A.
I often disagree with other lawyers, yes, sir.
13
Q.
So, if a person studies your position papers -- and,
14
in fact, your position papers even talk about case law, don't
15
they?
16
A.
They do.
17
Q.
And what if that person actually printed out that
18
case law and studied it and sought legal counsel, and after
19
doing all those things was convinced they had a right to vote
20
in that election, they did everything that that letter told
21
them to do, did they not?
22
23
24
25
A.
I suppose they did the -- what that letter encourages
them to do, yeah.

Q.
And you didn't say threat; you will be prosecuted to
the limit of the law; don't vote in this election, right?

You
134
didn't say any of that stuff?
2
3
A.
I didn't come right out and say, no, don't vote
in this election.
4
5
No.
Q.
Because if you did that, it would really be
unconstitutional, wouldn't it?
A.
I don't know if it would be unconstitutional.
don't want to discourage people that have a lawful right to
vote from voting.
9
10
Q.
Who, when they fill out that registration form,
decides where their residence is?
11
A.
I think the law decides where your residence is.
12
Q.
So, the individual has no control over that?
13
A.
I think they do have control over it, but I think
14
there are bounds within the law that they have to comply with.
15
Q.
I see.
Now, being a prosecutor, there's all kinds of
16
different definitions of residence in the state of Texas,
17
aren't there, for different purposes?
18
A.
I wouldn't say there's all different kinds.
There
19
are a few different definitions in different sections of the
20
code.
21
Q.
And it could be kind of confusing, can't it?
22
A.
I don't think it's confusing.
23
Q.
Well, not for you.
24
A.
It's not confusing to me, no.
25
Q.
But you're a lawyer.

135
A.
I am a lawyer.
Q.
Now, you've indicated that you spoke with Mr. Page --
A.
Correct.
Q.
-- and with Mr. Stilwell.
A.
Correct.
Q.
Few or many occasions prior to writing this letter?
A.
Not very many.
Q.
And in your conversations with them, were there any
9
10
Once or twice.
other members of the District Attorney's office with you?

A.
I think Adrienne Frazior, who was my assistant in the
11
Public Integrity Division, may have been present for most of
12
those conversations.
13
Q.
14
was he?
15
A.
16
17
18
I don't know if anybody else was present.
The District Attorney, Brett Ligon, wasn't present,
I don't know.
I don't think so.
But I could be
wrong.
Q.
Now, you do remember being asked questions by the
local newspaper concerning this statute, don't you?
19
A.
I believe so.
20
Q.
And do you remember stating to that particular
21
reporter that you said the law needs more clarity?
22
said, I think it would be helpful if the Secretary of State
23
would put forth some clear guidelines regarding the definitions
24
of residency rather than leaving it as vague as they have in
25
prior opinions, right?

And you
136
MR. WHITE:
Hearsay.
MR. HEATH:
It's his statement, Your Honor.
THE COURT:
Overrule.
A.
Can I see it?
Q.
(BY MR. HEATH)
A.
I did say that.
Q.
Because it is vague, isn't it?
A.
I think they can do a better job of clarifying the
9
10
11
Yes, sir.
statute, yes, sir.

Q.
And with that in mind, when you got -- were any of
these ten people that you sent the letter to lawyers?
12
A.
I don't know if any of them are lawyers.
13
Q.
And you told them to seek the counsel of lawyers.
14
would assume that's what you meant.
15
A.
I say, I encourage you to seek counsel, yes.
16
Q.
Now, did you mean lawyers?
17
officials?
Did you mean governmental
What did you mean?
18
A.
Any of those would have been good.
19
Q.
Would it have been good to call the Secretary of
20
State --
21
A.
Sure.
22
Q.
-- and try to get an idea of what they mean in that
23
position paper?
24
A.
Sure.
25
Q.
Would it have been good to -- it's probably

137
impossible, but to ask the Attorney General's office if they
have -- they have a position paper, what they mean by it?
can't give advice, can they, though?
They
A.
They're not.
Q.
But the Secretary of State is a great place to go,
In that circumstance, no, sir.
right?
A.
Sure.
Q.
Because they're charged with handling the election
9
10
process, right?
A.
Sure.
11
MR. HEATH:
That's all the questions I have,
13
MR. WHITE:
Can I approach the ELMO, Your Honor?
14
THE COURT:
Yes.
12
Your Honor.
15
REDIRECT EXAMINATION
16
BY MR. WHITE:
17
Q.
18
Can you see the copy of your letter, Mr. Grant,
State's Exhibit 34?
19
A.
Yes.
20
Q.
So, with these resources that you include, was that a
21
comprehensive or exclusive list of resources that you
22
recommended to the reader of these letters?
23
24
25
A.
I don't think it's an exclusive list but it was what
I thought they needed to make the right decision.

Q.
Okay.
And in regards to the election code statute on

138
illegal voting, you understand that eligibility is also defined
elsewhere in the code?
A.
Yes.
Q.
And within eligibility, you understand there's a
residence requirement for voting?
A.
Yes.
Q.
And are you aware that residence is defined elsewhere
in the code?
A.
Yes.
10
Q.
And Section 1.015 of the code, residence is defined
11
as domicile --
12
13
MR. HEATH:
This is his witness.
14
can't lead.
16
careful.
It is redirect, so you
Make sure that you be
Leading questions are allowed to be asked by the
18
cross-examiner.
19
lead.
20
22
All right.
It's still your witness.
17
21
He's leading.
THE COURT:
15
But the direct examiner is not allowed to
But you can rephrase your question.

Q.
(BY MR. WHITE)
Mr. Grant, did you provide the
definitions of eligibility and residence in this letter?
23
A.
No, sir, I don't think I did.
24
Q.
And if you were to read the definition of residence,
25
which I just attempted improperly to read to you, do you find

139
in that definition of residence enough specificity for someone
to know what a residence is under Texas law?
A.
Could I review it?
Q.
Absolutely.
MR. HEATH:
this line of questioning.
area.
THE COURT:

He has already testified about this
All right.
Overrule.
A.
It certainly seems clear to me.
10
Q.
(BY MR. WHITE)
11
12
context of hotel stay?

A.
It seems --
13
14
And does it seem clear to you in the
MR. HEATH:
I'm going to object, Your Honor.
His opinion on that is not an issue.
It's what they believe.
15
THE COURT:
Response?
16
MR. HEATH:
He's evading their province.
17
MR. WHITE:
This is just a rebuttal of Mr.
18
Grant's understanding of the law that defense counsel went into
19
on cross, Your Honor.
20
THE COURT:
You're saying he's opened the door
22
MR. WHITE:
I am, Your Honor.
23
THE COURT:
Well, it certainly is the jury's
21
to this area?
24
final determination.
They're the ones who get to decide
25
whether the defendant is guilty or not guilty as it is alleged

140
in the indictment and how much credibility to give to the
witnesses.
That's their exclusive domain.
3
4
So, you want to ask him a question about how the

law applies to this fact situation?
MR. WHITE:
I'd like to ask him a question
applying to audience to which he wrote this letter.
believes the election code contains enough specificity for his
letter to be effective to those individuals for the purpose
that he intended.
10
MR. HEATH:
If he
And, Your Honor, my response is
11
simply this:
12
more importantly, it's going into the heads, asking him to
13
speculate on what they were going to glean from his letter.
14
15
Once again, it's evading their province.
THE COURT:
Q.
(BY MR. WHITE)
But
Overrule.
Mr. Grant, do you find enough
16
specificity in the definition of residence within the election
17
code having renewed your memory of Section 1.015?
18
A.
It appears to be pretty specific, yes, sir.
19
Q.
And do you find that specificity to be enough for
20
your letter to these individuals to have the desired effect
21
which you intended?
22
23
A.
I hoped it would.
MR. WHITE:
Pass the witness.
24
25
141
RECROSS-EXAMINATION
BY MR. HEATH:
Q.
4
5
6
And yet you told the newspaper reporter that you
thought that the law was vague, did you not?

A.
I believe the Secretary of State's interpretation has
been vague at times, yes, sir.
MR. HEATH:
That's all questions I have, Your
MR. WHITE:
Nothing further, Your Honor.
10
THE COURT:
May this man be excused?
11
MR. HEATH:
Yes, Your Honor.
12
THE COURT:
You are excused, sir.
13
And how about a little break, ladies and
14
15
16
Honor.
gentlemen?
Thank you.
About ten minutes?

Okay.
You are excused.
And they're running out
like the running of the bulls.
17
THE BAILIFF:
18
THE COURT:
19
(SHORT BREAK TAKEN)
20
THE COURT:
Ready?
21
MR. WHITE:
Yes, Your Honor.
22
THE COURT:
All right.
23
THE BAILIFF:
24
(JURY PRESENT)
25
THE COURT:
We're in recess.
State ready to go?
Bring the jury in.
Please call your next witness.

142
MR. WHITE:
State calls Sergeant Dara Bowlin.
THE COURT:
Raise your right hand, please.
(WITNESS SWORN)
THE COURT:
5
6
Please have a seat.

DARA BOWLIN,
DIRECT EXAMINATION
BY MR. WHITE:
Q.
Sergeant Bowlin, could you please introduce yourself
10
to the jury.
11
A.
Sure.
My first name is Dara.
12
Attorney General's office.
13
in a special investigations unit.
14
15
16
17
18
19
20
Thank you.
Q.
I'm a sergeant at the
My name is Dara Bowlin and I work
And, Sergeant Bowlin, how long have you been with the
Attorney General's office?

A.
With the Attorney General's office, coming up on, I
believe, almost six years.

Q.
And what type of cases have you been assigned to with
the Attorney General's office?

A.
Throughout the almost six years, I've worked a
21
variety.
22
human trafficking, fraud, a variety of all those things.
23
24
25
Q.
I've worked election violations, public integrity,
And were you assigned to investigate a case involving
the 2010 Woodlands Road Utility Board of Directors' Election?

A.
Yes, sir, I was.

143
1
2
Q.
And do you recall where the referral for that case
came from?
A.
I believe from the Secretary of State.
Q.
And what was your responsibility in terms of
5
6
7
8
9
10
investigating the case?

A.
Investigating the allegations that came with that
referral regarding illegal voting.

Q.
And what did you do in the course of your
investigation to investigate those allegations?

A.
That referral came with a lot of background
11
information already attached to it.
12
Organized that.
13
obtain additional information.
Read through all that.
In addition, sent out a grand jury subpoena to
14
Q.
And what types of information did you obtain?
15
A.
In response to that grand jury subpoena would have
16
17
18
been hotel records.

Q.
And do you recall the name of the hotel that was in
question?
19
A.
Yes, sir, I do.
20
Q.
What was that hotel?
21
A.
The Marriott Residence Inn.
22
Q.
And do you recall whether that Residence Inn was
23
located at 9333 Six Pines Drive in The Woodlands, Texas?
24
A.
Yes, sir, it was or is.
25
Q.
I'm going to show you what's been marked as State's

144
19.
Do you recognize these records?
A.
Yes, sir.
Q.
And are those, in fact, the records that you obtained
from the Residence Inn?
A.
Yes, sir, they are.
Q.
And if you need to refresh your memory, you are
welcome to do so.
you requested those records pertaining to?
I'm sorry.
12
Over what time period did you request records

from the Residence Inn?
A.
When I drafted the grand jury subpoena, I requested
13
all documents from 2010 to current.
14
the subpoena was July 20th of 2011.
15
16
Over what time --
That's a bad question.
10
11
But, do you recall the period of time that
Q.
Okay.
And the date that I sent
And -- so that's dates covering the years
2010/2011, a period of how many months?
17
A.
19 months.
18
Q.
Fantastic.
So, in response to that subpoena, you
19
received records for -- which individuals did you request those
20
records on?
21
A.
Do you want the specific names?
22
Q.
I would like the specific names, please.
23
A.
The grand jury subpoena includes ten names in total.
24
They were Sybil Doyle and/or James Doyle.
25
Adrian Heath and/or Kandy Heath.
Peter Goeddertz.
James Jenkins and/or Laura

145
Schissler.
Might have had a typo.
It said
Robert Cook, which should have been Roberta Cook.
Richard
McDuffee and/or Mary McDuffee.
aka William Berntsen.
Robert Allison.
6
7
Q.
Roberta Cook.
Thank you.
Thomas Curry.
Benjamin Allison.
Bill Berntsen,
And the tenth one was
And in response, did you receive the
packet of information that's been marked as State's Exhibit 19?
A.
Yes, sir.
MR. WHITE:
Your Honor, at this time, the State
10
would offer State's Exhibit 19, which is the pre-filed business
11
records affidavit, noticed records of the Marriott Residence
12
Inn.
13
14
MR. HEATH:
Your Honor.
15
16
We've been proffered a copy of it,
We have no objection.
THE COURT:
Q.
(BY MR. WHITE)
It's admitted.
As you flip through these documents,
17
Sergeant Bowlin, do you notice them being in any particular
18
order?
19
20
21
A.
No, not specifically.
Not that I'm noticing as I'm
flipping through right now.

Q.
And that's kind of what I'm noticing as well.
I ask
22
because when we look at these documents, I want to be able to
23
make some sort of organized fashion out of them.
24
25
Do they seem to be at least organized by name of

individual to some extent?
146
A.
Yes.
The person seemed to be grouped together.
If
there's multiple records or multiple pages for the particular
individual, those seem to be attached with the other.
4
5
Q.
Okay.
Do you find records for the defendant in this
case, James Jenkins?
A.
Yes, sir, there is.
Q.
And on what date do those rooms begin?
A.
Looks like the very first day was arrival May 29,
Q.
Okay.
9
10
2010.
And that does not include the room that's on
11
the first page that seems to be booked to Pete Goeddertz, Jim
12
Jenkins, Adrian Heath, and Tom Curry?
13
14
15
16
A.
Oh, correct.
That one has multiple names on it and
that one has May 26, 2010.

Q.
Okay.
So, all and all, we've got May 26th and
May 27th, is that correct, for Mr. Jenkins?
17
A.
On this -- on the page that you have on there?
18
Q.
Yes.
19
A.
Yes, sir.
20
Q.
And then flipping forward, the very next page is for
21
a Robert Cook in Houston, Texas, which we think was a mistake;
22
is that right?
23
24
25
A.
Correct.
I believe I received a call from the hotel
and they asked me to clarify if that was Robert or Roberta.

Q.
Okay.
So, it was Roberta Cook that we were

147
interested in and not Robert; is that correct?
A.
Yes, sir.
Q.
And moving to page three.
We have some stays for
Mr. Jenkins and it has him arriving on what date?
A.
May 29, 2010.
Q.
And departing on what date?
A.
June 14, 2010.
Q.
And are those transactions just continued on the next
10
A.
Yes, sir.
11
Q.
Okay.
page?
And do you recognize this period of time,
12
beginning in late May and going through mid-June, as pertaining
13
to some other event that's relevant to these hotel stays?
14
A.
Yes.
I believe there was an election contest
15
occurring and maybe a civil suit occurring at that time frame
16
after the election.
17
Q.
Okay.
18
A.
May 8, 2010.
19
Q.
Okay.
20
And the election was on what date?
So, all of these dates then would be after
that date of May 8th; is that correct?
21
A.
Yes, sir, that's correct.
22
Q.
And what do we have here total from the 29th of May
23
to the 14th of June?
How many days do you count?
24
A.
16, I believe.
25
Q.
16 days.
And how many guests do you see assigned to

148
this block of rooms?
A.
It says three.
Q.
Three guests.
And the next guests register is for --
actually, could we take a step back and look back at that one
more time because I want to take a look at this amount of money
that was spent here?
7
8
9
10
A.
I'm sorry.
I believe I misspoke.
Q.
17 days?
Okay.
Counting just number of days --
17.
Or 16, if you count nights?
17 days?
11
A.
Correct.
12
Q.
I understand.
13
A.
-- it's like 17 different days.
14
Q.
Okay.
15
I believe it is
So, the room rate for this block for 16 nights
was what?
16
A.
$149 per night.
17
Q.
And it appears that they're subtotaled out here to
18
19
20
21
the side.
A.
Is that what it appears to you?

Yes, sir.
It looks like after every two or
three days.
Q.
And does it appear to you that it was billed out at
22
that time and charged to a card because I don't see a total at
23
the end, do you?
24
25
A.
Correct.
It appears as if it was paid for in
different increments.
It looks like one was on June 3, 2010.

149
The next payment was June 8, 2010.
2010.
Another payment June 13,
And then the remaining balance on June 14, 2010.

Q.
So, for these 16 nights we have charges of over
$800.00 three times and then almost $200 once.
is correct, that would be -- what do you have on that?
Is your math better than mine today?
A.
It looks like over 2,600.
Q.
Okay.
9
10
$2,600?
And we also want to give Mr. Jenkins credit
for the room on May 26th because his name is down here.
So,
that would be 17 nights in total by my count, is that right --
11
A.
Yes.
12
Q.
-- in these documents?
13
Thomas Curry rented a whole bunch of rooms
14
during this time period, didn't he?
15
rooms.
16
17
And if my math
A.
I should say nights, not
Without actually counting them I'm -- based on -- I'm
guessing over 20.
I haven't actually counted them out.
18
Q.
Okay.
19
A.
Just rough math is about 3,000 just from what I'm
20
flipping through.
21
22
Q.
25
And Ben and Robert Allison also appear to have rented
a bunch of nights as well; is that right?
23
24
And at considerable expense, would you say?
15.
A.
Yes, sir.
It looks about the same amount of nights.
20.
Again, it looks like between 2- to $3,000.
Q.
But going back to Mr. Jenkins, do you see any other

150
stays in this -- in these records of Residence Inn that we can
give him credit for besides the 17 nights that we discussed?
3
4
5
6
A.
No.
I don't see his name on any other portfolios as
they're listed on here.

Q.
I'd like to show you State's Exhibit 6.
Do you
recognize these documents as well?
A.
Yes, sir.
Q.
And are those also records of the Residence Inn?
A.
Yes, sir, they are.
10
Q.
Were those the ones that were subpoenaed prior to
11
your involvement in the case that were concurrent with the
12
election contest back in 2010 just after the election?
13
A.
Yes, sir.
14
Q.
And what -- what -- what number of nights do those
15
16
17
records reflect for Mr. Jenkins?

A.
Are you asking what the subpoena request or what did
the responsive documents --
18
Q.
What did the responsive documents reflect?
19
A.
It looks like there is one page with his name on it
20
and it shows an arrival date of May 7, 2010, and a departure
21
date of May 9, 2010.
22
Q.
Okay.
And that's all I see.
And so May 7th through May 9th.
What I'm
23
going to do, and I should have done this earlier, I've got
24
copies of -- blank calender copies of the months of May and
25
June of the year 2010.

151
1
2
3
MR. HEATH:
Mark them up.
We have no objection,
Your Honor.
Q.
(BY MR. WHITE)
What I'd like to do is use these as a
demonstrative aid.
nights Mr. Jenkins booked rooms in the Residence Inn.
could mark those with a JJ.
of time.
8
9
And we will give you a little bit
THE COURT:
She's marking on an unlabeled
MR. WHITE:
Your Honor, I'm sorry.
That
document is marked -- will be marked at State's 51.
12
13
If you
document?
10
11
If you could, write on these nights which
THE COURT:
And that's going to be admitted
without objection?
14
MR. HEATH:
It is, Your Honor.
I think that
15
will be a shorthand rendition of those hotel records.
16
be useful to the jurors.
17
THE COURT:
All right.
It will
Admitted.
18
Q.
(BY MR. WHITE)
Are you finished?
19
A.
Yes, sir.
20
Q.
And so for the record, you've marked JJ on the nights
21
that Mr. Jenkins had rooms at the Residence Inn.
22
-- actually, I believe you marked the day and the nights, is
23
that correct, of the stay?
24
25
A.
And we have
I marked what was on the receipt and it shows checked
in on the 7th.
So, that would have be the night of the 7th

152
rolling into the 8th, if that's what you're asking.
Q.
Where it says the 7th through the 9th, that would
actually be two nights.
night.
Checked in on Friday and checked out on Sunday?
A.
Correct.
Q.
Okay.
He stayed Friday night into Saturday
It would be the line in between the dates.
Even though there are three JJ's, we know that
that's a two-night stay?
A.
Yes, sir.
Q.
And this is May 8, 2010, which was the date of what?
10
A.
That was the date of the election.
11
Q.
Okay.
And we heard testimony earlier today that the
12
civil trial was filed somewhere in the days of the 11th/12th,
13
didn't begin in earnest until later in the month of May.
14
15
MR. HEATH:
Objection.
He's interjecting facts
that she's not aware of.
16
MR. WHITE:
I have a question at this time.
17
THE COURT:
All right.
18
You said
you have a question?
19
20
Your response?
MR. WHITE:
yet.
Yeah, I hadn't asked my question
I was just going to ask her --
21
THE COURT:
All right.
22
MR. HEATH:
He's already made the suggestion.
23
THE COURT:
All right.
Complete the question
24
and then you'll have the opportunity to re-urge your objection
25
if you feel compelled.

153
But, go ahead.
2
3
Q.
A.
Q.
10
It came in the
And we see stays starting by Mr. Jenkins again on
what date?
8
9
I am aware of that information.
referral.
6
7
Are you aware of that information or
do you have any information to the contrary?
4
5
(BY MR. WHITE)
A.
The night of the 29th of May; then the night of the
30th; and checked out on the 31st.

check out.
11
Q.
Oh, I'm sorry.
It rolled over to the next month.
Did not
Pardon me.
And do we -- don't recall whether it was a different
12
room that was booked; but whatever the case, do we have
13
continuous stays all the way through the 14th of June?
14
A.
Yes, sir.
15
Q.
And then from June 15, 2010 to the date of your
16
subpoena response, which was -- please refresh my memory, the
17
date of the records that were provided to you.
18
19
20
A.
The business records affidavit was signed July 26,
Q.
So, from June 15th of 2010 to late July of 2011, how
2011.
21
many rooms do the records of the Residence Inn reflect that
22
Mr. Jenkins stayed that year?
23
A.
Over that year, zero.
24
Q.
Now, besides the Residence Inn records, Sergeant
25
Bowlin, did you have the opportunity to request records from

154
Texas Department of Public Safety, for example, or the DMV?
A.
I did, yes, sir.
Q.
One or both of those?
A.
Both.
Q.
And did you have an opportunity to request
information from the Secretary of State, business records?
A.
Yes, sir, I did.
Q.
At this time, Sergeant Bowlin, I'm going to show you
9
10
11
what's marked as State's 38.
And what records did you request
from the Secretary of State regarding Mr. Jenkins?

A.
I believe I requested without -- I don't know the
12
exact verbiage of what I submitted.
13
all records pertaining to Mr. Jenkins and World Wide
14
Microsystems.
15
Q.
And World Wide Microsystems is what?
16
A.
Mr. Jenkins' business.
17
Q.
Okay.
18
MR. WHITE:
It would have been any and
At this time, State offers State's
19
38, which is certified Secretary of State business records for
20
World Wide Microsystems.
21
22
MR. HEATH:
Your Honor, I need to review it just
a little bit more.
23
THE COURT:
Okay.
24
MR. HEATH:
25
THE COURT:
They are admitted.

155
1
2
3
Q.
(BY MR. WHITE)
Which documents did the Secretary of
a State respond with?

A.
They responded with a series of, looks like, 12
different sections and articles of incorporation, a public
information report, a change in registered agent/office, and
numerous public information reports, pretty much yearly from
2003 to 2011.
Q.
9
10
11
12
Okay.
And even including back in 2002 and 1999 for
one of those documents?

A.
Yes, that's an article of incorporation, the public
information report, and the change of registered agent.

Q.
If we flip to the public information reports for the
13
relevant time period.
And let's just go to 2009, which is the
14
year prior to the election.
Is this the report from 2009?
15
A.
Can you move that up about an inch?
16
Q.
Okay.
17
A.
World Wide Microsystems, Inc.
18
Q.
And the mailing address?
19
A.
Is 16 Pastoral Pond Circle, The Woodlands, Texas
20
21
Yes.
Yes, sir.
And here it says taxpayer name which is?
77380.
Q.
And below that, there is an area entitled "entity's
22
principal office;" and right below that, "principal place of
23
business."
24
sections.
25
A.
Appears to be the same address listed in both

And what is that address?
It is the same, 16 Pastoral Pond Circle, The
156
1
2
3
Woodlands, Texas 77380.

Q.
And in the next section it has officer's president
and secretary, both Jim Jenkins.
Same address?
A.
Yes, sir.
Q.
And at the bottom, we have a signature.
And what's
the date of that signature?
A.
That reads April 13, 2009.
Q.
And if we flip to the report from 2010.
A.
Yes, sir.
10
Q.
We look up at the top of this form.
11
name, mailing address, again.
12
Principal place of business.
13
this form as are on the previous form, correct?
We have taxpayer
Principal office address.

All the same addresses are on
14
A.
Yes, sir.
15
Q.
And what is the address listed for all of those
16
fields?
17
A.
18
The same as the previous year, 16 Pastoral Pond
Circle, The Woodlands, Texas 77380.
19
Q.
And this form was signed and dated on what date?
20
A.
July 7, 2010.
21
Q.
And when was that in proximity to the election?
22
A.
Almost exactly two months after the election.
23
Q.
And if we look at the last document provided in 2011.
24
A.
Yes, sir.
25
Q.
Do we have any change of address?

157
A.
No, sir.
Q.
And that's signed as of what date?
A.
That would be May 13, 2011.
Q.
Did you request Department of Public Safety records
It's the same as all the previous years.
for all ten voters in this election?
A.
Yes, sir, I did.
Q.
And what's the basic contents of these records?
A.
Driver's license application, driver's license data,
current changes, prior changes.
10
MR. WHITE:
At this time, State's going to offer
11
certified copies of DPS records of all ten of voters.
12
are labeled State's 39 through 47.
13
These
The State has tendered State's 39 through 47, as
14
well as 48, which is the final one to defense counsel for
15
review and offer it.
16
MR. HEATH:
17
THE COURT:
They are admitted.
18
19
Q.
(BY MR. WHITE)
please, Sergeant Bowlin.
Take a look at State's 39 for us,

Whose records are those?
20
A.
All of these records pertain to a Mr. Adrian Heath.
21
Q.
And what is the address that is listed as the address
22
23
24
25
associated with that driver's license for Mr. Adrian Heath?

A.
43 West Stony Bridge Court, The Woodlands, Texas
77381.
Q.
And I'm showing you State's Exhibit 17, which is the

158
Road Utility District map.
can read that.
3
4
Tell me if you can read these letters.

Do you see that as being the same address for
Adrian Heath listed on the map, State's 17?
A.
Yes, it is.
Q.
All right.
And are there any other addresses listed
in this packet that you found?
A.
For Mr. Heath?
Q.
For Mr. Heath.
10
11
12
Hoping it will focus so that you
Specifically, is there a reference of
a 9333 Six Pines?

A.
No, sir.
There's no change of address to 9333 Six
Pines in The Woodlands.
13
Q.
So, as of what date were those records created?
14
A.
When did I get them back?
15
Q.
When were the records certified to you?
16
A.
They were certified the 12th day of August 2011.
17
Q.
And on that date then, Adrian Heath's residence to
18
19
20
21
22
the Texas Department of Public Safety was?

A.
43 West Stony Bridge Court, The Woodlands, Texas
77381.
Q.
Thank you.
Let's move onto Exhibit 40, please.
Whose records are these?
23
A.
These pertain to Mr. James Alan Jenkins.
24
Q.
Now, what is the address listed for Mr. Jenkins as of
25
the 16th day of August 2011?

159
1
2
3
4
5
6
7
8
9
10
11
12
A.
That lists 9333 Six Pines Drive, The Woodlands, Texas
77380.
Q.
And going back through the documents, do you find any
other addresses?
A.
Yes.
I'm seeing, I believe, two other addresses in
addition to Six Pines.

Q.
And is one of those addresses the number that's on
the map, 16 Pastoral Pond in The Woodlands, Texas?

A.
Yes, sir.
believe that's 77380.

Q.
Okay.
Pastoral Pond Cove, The Woodlands.

Correct.
Yes, sir.
And on State's 41, who does those records
belong to?
13
A.
Mr. Thomas Curry.
14
Q.
What is Mr. Curry's address listed in this?
15
A.
9333 Six Pines, The Woodlands, Texas 77380.
16
Q.
And as of what date?
17
A.
That was same day, 16th day of August 2011.
18
Q.
Now in the year of 2011, we just looked at Marriott
19
records --
20
A.
Yes, sir.
21
Q.
-- that went all the way to July 26th, if memory
22
serves me; is that correct?
23
A.
Yes, sir.
24
Q.
Were there any stays in the year 2011 for either
25
Mr. Curry or Mr. Jenkins?

160
A.
No, sir, there were not.
Q.
Okay.
please?
A.
Mr. William Mervin Berntsen.
Q.
And what is the address listed for Mr. Berntsen?
A.
It lists 32 North Rain Forest Court, The Woodlands,
Texas 77380.
Q.
In State's 42, whose records are these,
And does that information match the information on
State's Exhibit 17, the map?
10
A.
Yes, sir, it does.
11
Q.
State's 43 I'm handing you.
12
please?
13
A.
Mr. Peter Joseph Goeddertz.
14
Q.
And what is the record address for Mr. Goeddertz,
15
please?
16
A.
It is listed as 15910 Hartman, Magnolia, Texas 77355.
17
Q.
Now, Sergeant Bowlin, is it a legal requirement to
Whose records are these,
18
update your address on your driver's license with the correct
19
information?
20
A.
Yes, sir, it is.
21
Q.
And when that information changes, is there a time
22
period with which you have to reply and respond and update that
23
information?
24
A.
25
Yes, sir.
MR. HEATH:

He's asking
161
her legal issues.
I don't believe she's been proven up as an
expert here, so we would object.
THE COURT:
All right.
MR. WHITE:
I can backtrack, Your Honor.
THE COURT:
I'll sustain the objection until you
can put forth a better foundation so that she can answer.
MR. WHITE:
Fair enough.
THE COURT:
Go ahead.
Q.
(BY MR. WHITE)
Sergeant Bowlin, do you have
10
experience and knowledge with the requirements regarding
11
driver's licenses and issuing of them?
12
13
14
15
16
A.
Yes, sir.
As a Texas peace officer, you're required
Q.
And what is the training that you received in order
to.
to understand the requirements?

A.
You're required to go over traffic code, penal code,
17
Code of Criminal Procedure, a variety of things.
And in
18
traffic code would be where that requirement is to update your
19
driver's license.
20
Q.
And where did you receive that training?
21
A.
That was in Austin.
22
over ten years.
I've been a police officer for
Would have been about 2003.
23
Q.
And was that a part of a larger course?
24
A.
Right.
25
It's a peace officer sequence course or an
academy that you go through.
So, it's a mandated number of

162
hours before you can become certified as a police officer.
Additionally -- in addition to that, I went through undergrad
and graduate school both in criminal justice.
with those codes.
5
6
7
Q.
So, I'm familiar
And did you receive your certifications as a peace
officer?
A.
I have.
You start off as a basic peace officer, then
you get intermediate, then advance.
and experience, you end with a master peace officer
10
11
After a number of years
certificate, which is what I currently hold.

Q.
Okay.
And based on your experience and your
12
qualifications and your certifications as a master peace
13
officer, do you know that -- do you know whether there's a
14
requirement to update your information on your driver's
15
license?
Should it change within a certain period of time?
16
A.
Yes, sir, there is.
17
Q.
And what is that period of time?
18
A.
It's been a long time since I wore a uniform.
19
believe it's 30 or 60 days.
20
21
I'm --
MR. HEATH:
I'm going to renew my objection,
THE COURT:
Overrule.
Your Honor.
22
23
Q.
(BY MR. WHITE)
24
A.
I believe 30 to 60 days.
25
And your answer was?

I'm going to have to
specifically reference the traffic code, but it's in that time

163
frame.
Q.
But bottom line, there is a requirement to update
valid information to the Department of Public Safety in order
to maintain your driver's license?
A.
Yes, sir, absolutely.
Q.
Okay.
In regard to State's Exhibit 44, these are the
driving records of who, please?
A.
Mr. Richard Crawford McDuffee.
Q.
And what address is listed for Mr. McDuffee?
10
A.
27907 Hansons Court, Spring, Texas 77386.
11
Q.
And does that match the information on State's
12
Exhibit 17?
13
A.
Yes, sir, it does.
14
Q.
With regard to State's 45, whose records are these?
15
A.
Belong to Sybil Donecker Doyle.
16
Q.
And what address is listed for Ms. Doyle?
17
A.
Listed as 16728 Bending Oak in Conroe, Texas 77385.
18
Q.
And does that match the information on State's 17?
19
A.
Yes, sir, it does.
20
Q.
With regard to State's 46, these are the records of
21
whom, please?
22
A.
Ms. Roberta Margaret West.
23
Q.
And do you know Roberta Margaret West from the
24
contents of that document to be the same as Roberta Margaret
25
Cook?
164
1
2
A.
Yes, sir.
I believe one was a married name and one
was a maiden name.
Q.
Okay.
A.
It is listed as 607 Sycamore in Conroe, Texas 77302.
Q.
And does that also match the information on State's
A.
Yes, sir, it does.
Q.
And all these documents were certified around the
10
What address is listed for Ms. West or Ms.
Cook?
17?
same time, which was what?
11
A.
The 16th day of August 2011.
12
Q.
And some of them are on a slightly different date; is
13
that correct?
14
A.
15
16
17
18
19
20
21
22
2011.
I believe the same week.
Some looks like August 12,
And then August 16, 2011.

Q.
Okay.
And the final two documents here, State's 47
and 48 belong to which two individuals respectively?

A.
47 belongs to Benjamin Murray Allison.
And 48
belongs to Robert Dabney Allison.

Q.
And what are the addresses listed on those driver's
licenses?
A.
Both 47 and 48 are both -- Robert and Benjamin both
23
list the same address of 14993 Boyd Lane in Conroe, Texas
24
77306.
25
Q.
And did that also match the information on State's

165
Exhibit 17?
A.
It does, yes, sir.
Q.
Thank you.
Sergeant Bowlin, I'm going to show you
one last exhibit here.
records also?
A.
Yes, sir, I did.
Q.
And what are these?
A.
Texas Department of Motor Vehicles vehicle
State's 49.
Did you request these
registration records.
10
Q.
And what is the vehicle registration again for us?
11
A.
When you purchase a vehicle, you -- address where you
12
would pay taxes on what county you're in.
13
the address that you listed at the time.
So, that would be
14
Q.
And who maintains those records?
15
A.
The Texas Department of Motor Vehicles.
16
Q.
All right.
17
MR. WHITE:
State offers State's Exhibit 49,
18
which are certified copies of Texas Department of Motor
19
Vehicles records.
20
Q.
(BY MR. WHITE)
Sergeant Bowlin, the records in
21
State's 49, could you tell us whose records these are?
22
there's several in there.
23
A.
And
They're records for Mr. James Jenkins, Mr. Tom Curry,
24
Mr. William Berntsen, Mr. Richard McDuffee, James Doyle,
25
Roberta West, and Benjamin Allison.

166
1
2
Q.
And who is James Doyle?
His name has come up prior
in the trial, but who is he, if you know?
A.
I believe he is the spouse of Sybil Doyle.
Q.
Okay.
MR. WHITE:
State offers State's 49, certified
Texas Department of Motor Vehicles records for those
individuals.
8
9
10
MR. HEATH:
Mr. Jenkins.
The rest of them I think are irrelevant.
13
So,
I'll object to them.
11
12
Your Honor, no objection as to
THE COURT:
All right.
They are admitted.
And
your objection as to those particular exhibits is overruled.

Q.
(BY MR. WHITE)
And as your flip through those
14
records, Sergeant Bowlin, did you see any addresses that were
15
different than the addresses that were listed on State's
16
Exhibit 17, which we just looked at?
17
A.
I don't recall.
18
Q.
Tell you what we will do, we'll just flip through it
19
Can I see it?
real quick.
20
A.
Okay.
21
Q.
First page, is this the same address for Mr. Jenkins?
22
A.
Yes, sir.
23
Q.
There's a PO box for Mr. Curry, is there not?
24
A.
Yes, sir, there is.
25
Q.
But over here, the mailing address is a 13238

167
Stonecrest?
A.
Yes, sir.
Q.
Is that the same address as State's 17?
copy to refresh your memory.
A.
Yes, sir, it is.
Q.
Okay.
Give you a
Here we have Mr. Berntsen.
Vehicle is
registered to 32 North Rain Forest Court.
A.
Yes, sir.
Q.
And is that the same address that is listed on
10
State's 17?
11
A.
Yes, sir, it is.
12
Q.
For Mr. McDuffee, same address that's on State's 17?
13
A.
Yes, sir.
14
Q.
Same again?
15
A.
Yes, sir.
16
Q.
Same again?
17
A.
Yes.
18
Q.
For James and Sybil Doyle, same address as is on
19
State's 17?
20
A.
Yes, sir.
21
Q.
For Roberta West, same address?
22
A.
Yes, sir.
23
Q.
And for Benjamin Allison, same address on Boyd Lane
24
25
in Conroe, Texas?
A.
Yes, sir.
168
1
2
3
Q.
Was the address 9333 Six Pines Drive listed in any of
these vehicle registrations?

A.
No, sir, it wasn't.
MR. WHITE:
Pass the witness, Your Honor.
MR. HEATH:
I do have a few questions, Your
Honor.
May I proceed?
THE COURT:
8
9
10
Yes.
CROSS-EXAMINATION
BY MR. HEATH:
Q.
Let me show you what's been marked as State's Exhibit
11
Number 40.
It's already been admitted into evidence, but if
12
you can take a look at it and familiarize yourself with it.
13
think that's the license records of Mr. Jenkins, right?
14
A.
Yes, sir, I believe so.
15
Q.
Now, you indicated that he did change his license
16
residence to that Six Pines address, did you not?
17
A.
Yes, sir.
18
Q.
And isn't it a fact he did it within 60 days?
19
A.
60 days of?
20
Q.
Of when he declared his residence to be that in the
21
voter registration form?
22
A.
I see an image date of May 24, 2010.
23
Q.
So, from April 5th to May 24th that's within 60 days,
24
25
isn't it?
A.
I don't see the -- if the image date is the date that

169
it was changed, then, yes, if that's what you're asking.
sorry.
Q.
I'm
So if -- I know you weren't clear on whether it was a
30 or 60 day rule.
the law, was he not, in so registering a change of address?
6
7
A.
But if it was a 60 day rule, he was within
If that's the date that the change was done, if
that's what you're asking.
Q.
Yes, ma'am.
A.
Yeah.
10
Q.
All right.
11
Sure.
MR. HEATH:
13
MR. WHITE:
Nothing further from the State.
14
THE COURT:
May this lady be excused?
15
MR. HEATH:
Yes, Your Honor.
16
THE COURT:
Okay.
17
MR. HEATH:
Except she is aiding them as an
12
Your Honor.
18
assistant.
19
rule.
So, you know, I'm -- I want her to stay under the
20
21
THE COURT:
24
25
All right.
We'll discuss it later
this evening.
22
23
You are --
But as of this time, you're still under the

rule.
Thank you, ma'am.

All right.
How about just a five-minute break.
Stretch our legs and we'll go for the final round for today.
170
(SHORT BREAK TAKEN)
THE COURT:
State call your next witness.
MR. WHITE:
The State calls Richard McDuffee.
THE COURT:
Sir, please raise your right hand.
(WITNESS SWORN)
THE COURT:
7
8
Please have a seat.
Thank you.
RICHARD MCDUFFEE,
DIRECT EXAMINATION
10
BY MR. WHITE:
11
Q.
Good afternoon, Mr. McDuffee.
12
A.
Good afternoon.
13
Q.
Please introduce yourself to the jury.
14
A.
Richard McDuffee.
Spring, Texas, is my residence.
15
Lived in the county for about five years now again.
16
time.
17
Q.
And do you go by Richard or...
18
A.
Most people call me Rick.
19
Q.
Okay.
20
My second
Could you spell your last name for the court
reporter?
21
A.
M-C-D-U-F-F-E-E.
22
Q.
Mr. McDuffee, you were just telling us about how long
23
24
25
you've been a member of the community.

A.
Approximately five years.
What was that again?
We were in the county for
seven years and left for three to North Texas and moved back
171
about five years.
Q.
And where do you live, sir?
A.
I live at 27907 Hansons Court, Spring, Texas 77386.
Q.
Is that in a subdivision?
A.
That's in the subdivision of Benders Landing Estates.
Q.
Okay.
Be sure you speak up and annunciate so
everyone can hear you and the court reporter can take down your
testimony, please.
A.
Tie is a little tight.
10
Q.
Mr. McDuffee, do you know the defendant, James
11
Jenkins?
12
A.
Yes, I do.
13
Q.
And do you recognize him in the room sitting at
14
defendant's table?
15
A.
Yes, I do.
16
Q.
How did you first hear about The Woodlands Road
17
18
Utility District?
A.
I received a call at my residence and saying there
19
was going to be a big meeting at Jim's place and that if I
20
could make it to be there that evening.
21
Q.
And did you attend that meeting?
22
A.
Yes.
23
Q.
And do you recall the month and year of this meeting?
24
A.
Best of my recollection it would have been in
25
I attended that meeting, yes.
probably March of this year.
Correction.
You can tell I'm a

172
1
2
little nervous.
Q.
It's okay.
Take your time.
March of what year, Mr. McDuffee?
A.
2010.
Q.
2010.
A.
Three years ago, yes.
Q.
And was this then roughly two months before the
8
9
So, three years ago?
May 8, 2010 Woodlands RUD election?

A.
I would say somewhere in that area.
10
know what the meeting was going to be about.
11
wasn't too interested.
12
13
Q.
I was -- didn't
Wasn't really --
And were the meetings at -- you say, "Jim's."
Jim's home or his place of business?
Was it
Where was the meeting?
14
A.
His place of business off 2920 in Harris County.
15
Q.
Okay.
16
And just for the record, that's not inside The
Woodlands Road Utility District?
17
A.
No.
18
Q.
Mr. Jenkins' home, you know that to be where?
19
A.
The south part of -- off of Sawdust Road in The
20
Woodlands.
21
Q.
Okay.
22
A.
No.
23
Q.
Okay.
24
received a call.
25
was about the --
Not inside the Road Utility District?
And at this first meeting, you said you

And were you informed at that time that it

173
1
2
MR. HEATH:
It's leading, suggestive, and -- well, those are my objections.
3
4
THE COURT:
Okay.
Complete your question and
then we'll give Mr. Heath an opportunity to object.
Go ahead.
MR. WHITE:
And if it was a bad question, I'm
happy to ask it a different way.
THE COURT:
Well, if you want to start over, you
10
MR. WHITE:
Let's do that.
11
THE COURT:
Okay.
12
13
could.
Q.
(BY MR. WHITE)
Did you know what the meeting was
about, Mr. McDuffee, before you went?
14
A.
Not to my recollection, no.
15
Q.
Okay.
16
17
So, when you got to the meeting at Jim's
office, what was proposed to you?

A.
Meetings didn't start until like 30 minutes.
18
there.
19
were waiting for Adrian to show up because it was his
20
information.
21
Q.
And by "Adrian," you mean whom?
22
A.
Adrian Heath.
23
Q.
And by "his information," you mean what information?
24
A.
He was the one that had uncovered the RUD and how
25
I think Jim Doyle was there.
Jim was
From what I remember, we
it's run and how the elections were run.
The fact that there

174
1
2
3
4
never an election in the RUD.

Q.
And you mentioned the name Jim Doyle as well.
name has come up in this trial.

A.
His
Who is he?
Jim Doyle is probably one of the longest ones that's
been associated with Jim to my knowledge.
requests, signing complaints against politics --
Signing open record
MR. HEATH:
THE COURT:
I'm sorry.
11
MR. HEATH:
I understand.
12
THE COURT:
There's a train that must be coming
responsive.
9
10
13
It's not
There's a big horn
outside.
right down the street.
14
MR. WHITE:
I'll object to the horn, Your Honor.
15
THE COURT:
Well, it's a sign that someone's
16
going on a journey.
17
You make an objection for what?
18
MR. HEATH:
Our objection is that it was
THE COURT:
All right.
19
nonresponsive.
20
21
Ask your
next question.
22
Q.
23
Mr. McDuffee?
24
A.
25
Sustained.
(BY MR. WHITE)
Who is the person, Jim Doyle,
Jim Doyle is one of the gentleman I'm associated with
when I'm at Jim Jenkins' office.
Other than that, that's the

175
only other time I know Jim.
Q.
And is he married to Sybil Doyle?
A.
He's married to Sybil Doyle, yes.
Q.
Okay.
Is Mr. Doyle a part of this group that
regularly met at Jim's office?
MR. HEATH:
Objection.
Leading.
THE COURT:
Sustained.
Rephrase, please.
8
9
10
Q.
Is Mr. Doyle -- what -- tell me who
is in this group of people that meets regularly at Mr. Jenkins'

office?
11
12
(BY MR. WHITE)
MR. HEATH:
Objection.
Relevance unless there's
a time period placed on it.
13
THE COURT:
Any response?
14
MR. WHITE:
Well, my understanding --
15
THE COURT:
It is pretty open-ended.
16
MR. WHITE:
My understanding was that the time
17
period that we were dealing with was the one precedent to these
18
questions which was meeting at that office.
19
THE COURT:
I'm going to sustain the objection
20
as the question is asked, but you can rephrase it to condition
21
it upon a time period.
22
23
Go ahead.
Q.
(BY MR. WHITE)
Mr. McDuffee, again, we're talking
24
about this first meeting that you testified earlier that took
25
place at some point in March of 2010, that there was a group of

176
you that meet at Jim Jenkins' office.
A.
Correct.
Q.
Who all was at that meeting?
A.
Best I remember there was Jim, Jim Doyle, Pete
5
6
Goeddertz, and Adrian Heath, and myself.

Q.
And what was discussed at that meeting?
7
8
MR. HEATH:
call for hearsay.
Your Honor, I think it's going to
That's our objection.
THE COURT:
Okay.
10
MR. WHITE:
Your Honor, I believe the statements
11
Response?
at this meeting -- couple of things.
12
First off, that they'd be statements by
13
co-conspirators, the people that were involved in this scheme
14
to take over the RUD.
15
And, second of all, probably the statements are
16
not going to be offered for the truth of the matter asserted in
17
the first place.
18
THE COURT:
So for what purpose?
19
MR. WHITE:
For the purpose of showing this
20
scheme and who was members of it.
21
MR. HEATH:
Your Honor, I'm just going to renew
22
my objection that it's going to call for hearsay.
23
going to call for -- Mr. Doyle has not been alleged to be part
24
of anything.
25
It's also
He's not been charged with any offense.

We would object to these -- the comments that
177
occurred in this meeting as being hearsay and possibly
statements by co-defendants as well.
THE COURT:
Okay.
MR. HEATH:
Conspiracy has not been alleged in
THE COURT:
I understand.
this case.
It hasn't been, but
it can nonetheless be admissible even though it's not alleged
in the indictment.
Anything else to add?
10
MR. WHITE:
In response to that, the conspiracy
11
that the State alleges is not indicted illegal voting offenses,
12
but the scheme to take over the Road Utility District, which
13
may have well included more individuals than just the ones
14
indicted and lasted a longer period of time than just the
15
voting.
16
THE COURT:
Okay.
17
MR. HEATH:
I'm going to renew my objection that
18
it's calling for hearsay.
19
because --
20
21
THE COURT:
What's your response to that?
It's also, I think, objectionable
Okay.
Why don't we discuss this up
here for just a moment, okay?
22
23
THE COURT:
Really -- let's make sure that we
24
can find all our proof here to what's relevant to the
25
allegations in the indictment, not some global charge to take

178
over the world --
MR. WHITE:
Sure.
THE COURT:
-- but what's been charged in the
indictment.
So, in relation to that, again, you're
proffering the evidence in relation to the relevancy to what's
charged in the indictment for?
8
9
MR. WHITE:
The -- this is the initial meeting
of where the idea of the Road Utility District vote was
10
proposed to the small group of individuals that are a group
11
that Jim Jenkins being the leader of that group.
12
THE COURT:
Well, they are entitled to produce
13
some information that is admissible for purposes of what's res
14
gestae to the offense, also toward motive; the scheme, how it
15
was perpetrated, how it was planned; and that's admissible if
16
it's relevant.
17
something about it doesn't have -- it had something to do with
18
something outside the bounds of the indictment, which I don't
19
prefer to get into.
But I just don't want to -- you mentioned
20
MR. WHITE:
Well, if I said something like that,
21
I probably didn't use the best language.
22
THE COURT:
Okay.
Keep it to what is connected
23
with proof relating to the elements of the offense as you
24
believe them to be in your strategy in proving your case.
25
And I understand your objection -Cassandra McCoy, CSR (936) 524-6305

179
MR. HEATH:
Yes, sir.
THE COURT:
-- but it's overruled.
MR. HEATH:
All right.
THE COURT:
6
7
Q.
(BY MR. WHITE)
Proceed, please.
Mr. McDuffee, did you discuss with
Mr. Jenkins the idea of voting in the Road Utility District?
A.
At what time?
Q.
At the time of -- in March of 2010.
10
A.
Yes, there was meetings.
11
12
13
I was at Jim's office and
it was brought up, yes.

Q.
Did Mr. Jenkins express a desire for you,
specifically, to take a part?
14
A.
Yes.
15
Q.
And what was that role?
16
A.
At the beginning it was just to get change of
17
residency so he can be in the -- be in the district.
18
later date it was -- I filled out the campaign application.
19
would be the president.
20
Q.
And at a
So, if I'm hearing you correctly, the plan was for
21
you to run as a candidate for the Board of Directors of The
22
Woodlands Road Utility District; is that correct?
23
A.
Yes.
24
Q.
And you were to be, in fact, the president?
25
A.
Yes.
180
Q.
And how was that distinction bestowed upon you?
A.
It was offered and I accepted.
The other two
gentlemen didn't express any desire to be president of the
board.
Q.
And the other two gentlemen were whom?
A.
Pete Goeddertz and Bill Berntsen.
Q.
Okay.
And did Mr. Jenkins give you any instructions
or indicate how he wanted you to proceed should you be elected
to the Board of Directors?
10
A.
The instructions were, in fact, to be elected, become
11
president, pay off the bills, and turn the lights out.
12
it down.
Close the door.
13
Q.
To shut down the Road Utility District?
14
A.
The RUD.
15
Q.
Did you, at some point weeks later, pick up a
16
registration card and change your address?
17
your voter registration.
18
registration?
19
A.
20
office.
21
Q.
At Jim Jenkins' office?
22
A.
Correct.
23
Q.
And that was in what month; do you recall?
24
A.
I would say April.
25
To shut
And by that I mean,
Did you fill out a voter
I filled out a voter registration at Mr. Jenkins'
Over 30 days out from the
election.
181
1
2
Q.
Okay.
And was it before that or after that that you
had filled out your application for candidacy?
A.
Before.
Q.
Okay.
Do you remember receiving a letter at any
point regarding this matter?
A.
Yes, it was from Montgomery County District
Attorney's office, Brett Ligon.
First Assistant Phil Grant.
Q.
It was signed by, I believe,
And I'm not going to ask you about the contents of
10
that letter, but what did you take that letter to indicate to
11
you?
12
13
A.
Danger.
This wasn't going to be a walk in the park.
It was not something taken lightly.
14
Q.
And did that cause you concern?
15
A.
Yes.
Questions were raised about it, informal
16
discussions about it, talked with some, I'd say, lawyers in the
17
county not on time, just asking their input.
18
of a way down, maybe very vague anything would happen.
19
20
Q.
Now, you were running for president of the board.
Were you the leader of this group?
21
A.
No.
22
Q.
Who was the leader?
23
And it was more
If you had to say there was a
leader of this group, who would that have been?
24
A.
Mr. Jenkins.
25
Q.
Mr. Jim Jenkins, the defendant?

182
A.
Mr. Jim Jenkins.
Q.
And why would you say that he was the leader of this
3
4
group?
A.
Everything flowed out of Jim's office.
that we've done in the past that were --
MR. HEATH:
responsive to the question.
the time frame we're talking about.

THE COURT:
10
his objection, I sustain.
11
to the allegations in the indictment.

Q.
(BY MR. WHITE)
That's not
And it's also completely out of
12
The things
All right.
As to that portion of
If you can make sure it's relevant
And going forward, if we can,
13
Mr. McDuffee, just to keep your comments as much as possible
14
toward the Spring of 2010, in that time period.
15
But just as background coming into this whole
16
scheme, was Mr. Jenkins the leader to you, the group
17
personally?
18
A.
Yes.
19
Q.
Okay.
20
And what was his role specifically with the
RUD voting idea?
21
A.
First I heard about it was from Mr. Jenkins.
22
Q.
What was the plan?
23
A.
The initial plan or as it expanded?
24
Q.
Let's talk about the initial plan to -- we've already
25
registered to vote.
What was the initial plan in terms of the

183
1
2
Residence Inn and vote?

A.
There was piece of paper posted on the wall on
Mr. Jenkins' office; and when you filled out your voter
registration card, you wrote down the address at the Residence
Inn in The Woodlands.
6
7
Q.
That information you're saying was on the sheet in
Mr. Jenkins' office?
A.
Correct.
Q.
And after you filled out your registration, did you
10
receive a voter card in the mail?
11
A.
Yes.
12
Q.
And from then on, what was the plan of the group in
13
terms of voting and if there were any plans to stay at the
14
Residence Inn, physically stay at all?
15
A.
There was never a meeting I was involved in that was
16
staying at the Residence Inn prior to the election of -- I'm
17
sorry.
18
Could you repeat that?
Q.
I'm just asking you what the plan was, that you're
19
aware of, of the group, of Mr. Jenkins specifically, in regards
20
to voting the May 8, 2010 election?
21
22
25
Your Honor, that's been asked and
THE COURT:
Overrule.
answered.
23
24
MR. HEATH:
A.
We had the initial ones to change the votes, all of
the ones who were also in the original trial.

Plus, I was
184
asked to find -- or get my wife to change her address to the
Residence Inn.
Q.
4
5
That we wanted more than ten.
(BY MR. WHITE)
Did you ask --
THE COURT:
please.
I need to see the lawyers up here,
Thanks.
THE COURT:
Audley, you're not paying attention.
Your client is shaking his head in response to the questions
and I --
10
MR. HEATH:
I'm sorry.
11
THE COURT:
-- and I perceive that to be --
12
trying to make nonverbal communication to the jury and trying
13
to influence them.
14
MR. HEATH:
I'll tell him to stop, Judge.
15
THE COURT:
Urge him not to do that.
16
I see that, I'll do it.
17
doesn't help him at all.
Next time
And if it's in front of the jury, it
18
MR. HEATH:
I understand, Judge.
19
THE COURT:
Thank you for -- I know he may be
20
unhappy about what he's hearing, but he doesn't need to be
21
expressing it with indications that are obvious to everybody.
22
You're looking down and writing and you're not looking at him,
23
but he's doing it.
24
MR. HEATH:
I appreciate that.
25
THE COURT:
Thanks.

185
THE COURT:
3
4
Q.
(BY MR. WHITE)
Okay.
Go ahead.
So, did you, in fact, ask your wife
to vote in this scheme?
A.
I can't answer yes or no on that.
Q.
Don't recall?
A.
Being that she has a state license, I did not feel
8
9
that she would be comfortable with that.

Q.
Okay.
10
more or less?
11
A.
12
13
I did ask a neighbor.
But you were asked by Mr. Jenkins to recruit
The general consensus was, get more than just you to
change their voter registration, to me.

Q.
Okay.
Now, the evening of the -- before the
14
election, which would be Friday, May 7th, the election being
15
Saturday, May 8th --
16
A.
Correct.
17
Q.
-- the records of the Residence Inn indicate that two
18
rooms were rented by individuals in this voting group of ten.
19
Is that your understanding as well that two rooms were rented
20
that night?
21
22
23
24
25
A.
I knew there was a room.
I do not recall if there
was more than a room.

Q.
Okay.
Were you supposed to be sharing a room with a
group of individuals on that night?

A.
No.
186
Q.
Did you, in fact, stay that night at the Residence
A.
No.
Q.
Did you stay any night prior to that night at the
Inn?
Residence Inn prior to voting?
A.
No.
Q.
Did you stay any night after that night at the
Residence Inn?
A.
No.
10
Q.
Have you ever stayed a night at that Residence Inn?
11
A.
No.
12
Q.
Now, after the election took place, you were one of
13
the three that had actually received the most votes in the
14
election, correct?
15
A.
Correct.
16
Q.
How did you find out that those results were not
17
18
going to be certified?
A.
We all went to the next board meeting of the RUD and
19
put a canvass into the vote and that's when we learned that
20
they were not going to canvass the vote.
21
Q.
And knowing that, what did -- what did the group do?
22
A.
Not being in the legal -- or into elections, the
23
group had no idea what was going to happen.
24
Q.
So, what was the next course of action for the group?
25
A.
I believe the -- because the very following day after

187
the RUD's board meeting, very soon after was when we got the
first official notice that we were going to be taken to court.
Q.
Okay.
And after the group members -- or the group
received word that this matter was going to court, what did the
group do in response to that?
A.
A lot of meetings or talking.
Not meaning everybody
because if you were there, you heard something and if you
weren't there, you didn't hear it.
few words as possible.
10
I'm trying to put it into
The biggest thing is when we were told by my
11
attorney was to meet at his office and have a reason for why
12
you moved out of your residence to the Residence Inn.
13
Q.
And did you have a reason?
14
A.
I had a made-up reason.
15
Q.
What was that made-up reason?
16
A.
I had a security license and insurance license and I
17
needed to be in the center of the area to be able to do sales
18
and compliance.
19
Q.
What was the real reason?
20
A.
To vote in the RUD.
21
Q.
And did you or, to your knowledge, any of the other
22
voters actually move to the RUD?
23
A.
No.
24
Q.
Do you remember any of the other -- do you remember
25
the made-up story for Mr. Jenkins, if there was one?

188
1
2
A.
I was not present when he was there on that Saturday.
I'm trying to think of the brothers.
Q.
So, you don't know specifically Mr. Jenkins?
A.
No.
Q.
Did you hear some of the made-up reasons of other
members of the group without going into them?
7
8
No.
A.
I had bits and pieces when I would interact with
someone else or run into one of the others.
Q.
In addition to coming up with reasons for
10
quote/unquote moving into the Residence Inn, what were some of
11
the other things that the group did in preparation for this
12
civil trial?
13
A.
Rent more rooms, meet for breakfast at the Residence
14
Inn.
Ben and Robert, basically was given a room to stay in
15
paid by others.
16
with names even though I should know them.
17
into the Inn.
Later on -- forgive me.
I'm not real good

Moved into the room
18
Tom Curry and his wife, but that was way later.
Mainly two rooms either we could stop by, put
19
some clothes in a room, if I had a pad key to, and leave; and
20
show up the next morning for breakfast.
21
22
Q.
So, you actually participated in some of these
activities?
23
A.
I participated in some of these activities, yes.
24
Q.
And you would bring items from home, clothes, put
25
them in a room?
189
A.
Yes.
Q.
But never stay the night?
A.
Never stayed the night.
Q.
And at these breakfasts or get-togethers that the
group had at the Residence Inn, you would be there for some of
those as well?
A.
Yes.
Q.
You -- were you just making an appearance?
A.
Basically, yes.
10
Q.
And for what purpose?
11
A.
Make sure the front desk knew your name; have mail
12
sent there and have it held at the front desk; take pictures in
13
the morning and make sure the newspaper was in it, obviously,
14
say I was there, others were there making sure their faces were
15
in the pictures also.
16
Q.
I'm going to show you what's been marked as State's
17
Exhibit 33.
I'm actually going to tender this to counsel first
18
and then I'm going to show you a copy.
Do you recognize these?
19
A.
Oh, yes.
20
Q.
And what are those, Mr. McDuffee?
21
A.
That is the Residence Inn's breakfast area.
22
Q.
Flip through those pages, if you would, and make sure
23
24
25
you recognize all those photos.

THE COURT:
All of those are collectively
referred to as State's Exhibit 33?

190
MR. WHITE:
Yes, Your Honor.
MR. HEATH:
Your Honor, I can speed it up for
you.
No objection.
4
5
THE COURT:
Q.
(BY MR. WHITE)
Admitted.
And, Mr. McDuffee, are these, in
fact, the photos that were admitted by the group of eight at
the civil suit who joined as intervenors in the case against
the RUD?
Let me break that down a little bit more.
Do you see the notions here on Exhibit 33?
10
A.
Yes, I see those.
11
Q.
And what do those notions say?
12
A.
18(a), (b).
13
Q.
And the word before Exhibit is what?
14
A.
Intervenors.
15
Q.
And that was you guys, correct?
16
A.
Correct.
17
Q.
And the group of eight that decided to join as
Goes through the alphabet.
18
intervenors and intervene in the lawsuit against the RUD; is
19
that correct?
20
Or am I mixing up the legal -- explain it to me,
21
please.
22
A.
This is after the votes.
These are the intergroup
23
that were -- voted in the vote.
And when we knew we were going
24
to trial, then it was sped up.
25
with some of my paperwork at the time like I was working.
Breakfast.
I'm sitting there

191
Others were coming and going, reading the newspapers.
all posed.
Q.
Okay.
Let me jump right back.
asking is just a background question is:
your group offered these at trial or not?
don't.
A.
I do not know.
Q.
Okay.
That was
The question I'm

Do you recall that
That's fine if you
But these are fair and accurate pictures of
the group of you at the Residence Inn?
10
A.
Yes.
I was --
11
Q.
Do you happen to know who these were taken by?
12
A.
It was whoever had a camera that day.
Tom Curry.
13
Jim had a camera.
I had a camera.
14
brought a camera.
It was never everybody had a camera at once.
15
16
Q.
Okay.
I'm showing you first photo here.
And this
individual is whom, please?
17
A.
That's Jim Jenkins.
18
Q.
Okay.
19
A.
That's Jim Doyle.
20
Q.
Jim Doyle.
21
I think Bill Berntsen
And who is this individual right here?
That's the husband of Sybil Doyle, if I'm
correct.
22
A.
Correct.
23
Q.
This individual back here is whom?
24
A.
Adrian Heath.
25
Q.
And do we recognize this one?
Or can we make him out

192
in the picture?
A.
I would have to guess.
Q.
That's okay.
We don't need to guess.
And down here, the next picture is?
This you?
A.
That's me, yes.
Q.
And what are you doing in this picture, if you
7
8
9
10
11
remember?
A.
This is probably a portfolio I had on a client and,
like, reviewing the documents, whatever I was doing with them.

Q.
Is that typically how you review a document out here
to your right?
12
A.
No.
13
Q.
Was this a posed photograph?
14
A.
Yes.
15
Q.
How about this one?
16
A.
Yes.
That was -- that's Prime America that was who I
17
was an agent with, independent agent.
18
a standard letter I got, I received.
19
20
Q.
And that's probably just
What's the purpose of showing business papers in
these photos at the Residence Inn?
21
A.
I was supposed to be in the district doing business.
22
Q.
That was your -- is that your story?
23
A.
That was my story, yes.
24
Q.
Okay.
25
And these individuals at the table here?
This
appears to be the backside of the table from photo one on the

193
cover.
Are these the same individuals as we mentioned before?
A.
Yes.
Q.
This is Adrian Heath?
A.
Adrian Heath.
Q.
Jim Doyle?
A.
Right.
Q.
And do we recognize this individual now?
A.
I would think of the size it had to have been Tom
10
then?
Curry.
11
12
This would have Jim Jenkins back here
Q.
Okay.
And there seems to be mail on the table.
Was
that part of this whole operation, mail?
13
A.
Yes.
14
Q.
What did that have to do with?
15
A.
You mailed to yourself or mail, whatever you had,
16
mailed to the Residence Inn and have them hold it at the front
17
desk.
18
Q.
So, you would send mail to yourself?
19
A.
Yes.
20
Q.
Okay.
21
And who is this smiling fellow in the yellow
shirt?
22
A.
That's Bill Berntsen.
23
Q.
And this appears to be Tom Curry then here?
24
A.
Uh-huh.
25
Q.
And would this be self-addressed mail?

194
1
2
A.
Q.
See if you can make out the wording on it if you look
at your paper copy there.
5
6
A.
I can make out Tom Curry at the top.
And after that,
without a magnifying glass, I would be guessing.
Q.
That's all right.
8
9
I can't make -- but even I had
mail sent to the Residence Inn.
3
4
More than likely.
This photo down here of -- would this be

Mr. Berntsen intrigued with the newspaper?
10
A.
Yes.
11
Q.
And we have not seen this person before, I don't
12
believe.
13
14
A.
Who is this?
That's the brothers.
That's Ben and I don't remember
his younger brother's name.
15
Q.
Okay.
Ben Allison?
16
A.
Allison.
17
Q.
And would it be Robert?
18
A.
Robert.
19
Q.
And if you look at your paper copy, I'm not sure if
Thank you.
Ben and Robert, yes.
20
you can make this out at all, but this document has a seal on
21
it.
22
have a recollection.
And I'm curious if you can make out what that is or if you
23
A.
No.
24
Q.
That's all right if you don't remember.
25
I can tell that it's some kind of a document.
fine.
That's just
195
Do you know what this photo is?
A.
This is the indoor swimming pool at the Residence
Q.
Okay.
A.
That would be Mr. Jenkins.
Inn.
of his grandsons.
Do you know who these individuals are?

I'm assuming that's one
And Bill Berntsen.
Q.
Okay.
A.
Bottom of the second one on my page.
10
Q.
Now this -- were you aware of any of the members of
And by Bill Berntsen, you mean the photo down
here?
11
the group bringing family to the hotel to pose for these
12
photos?
13
A.
14
15
16
I soon recall Jim talk about bringing his grandson.
I do not believe I was there that morning.

Q.
Okay.
And this fellow with the smirk holding the
Chronicle is who?
17
A.
Tom Curry.
18
Q.
Okay.
19
20
21
And what was the purpose of the newspaper
again?
A.
Proof of date and time.
Newspaper has the date that
it would have been published on.
22
Q.
Now, were these stays before or after the election?
23
A.
After.
24
Q.
All of these photos in here that you have seen?
25
A.
Yes.
196
Q.
And all of them that you flipped through earlier?
A.
Yes.
Q.
All post-election?
A.
All post-election.
Q.
Have we seen a photo -- have shown the jury a photo
of Pete Goeddertz yet?
A.
I haven't identified him, no.
Q.
Is he in this picture?
A.
Yes, this is him.
10
Mr. Goeddertz on the right corner
there.
11
Q.
On the right corner here?
12
A.
Yes.
13
Q.
And he's sitting next to?
14
A.
Tom Curry.
15
Q.
Who is this?
16
A.
Adrian Heath.
17
Q.
And at the bottom here, Goeddertz again?
18
A.
Yes.
19
Q.
Curry and this time?
20
A.
It will be Bill Berntsen.
21
Q.
Berntsen.
22
Is this Tom Curry?
Okay.
Now, in none of these photos do we have any
23
pictures of the ladies, Sybil Doyle and Roberta Cook.
24
that, sir?
25
A.
To my knowledge they were never there.

Why is
The mornings
197
I was there, I never encountered them at the hotel.
Q.
Now, these are blurry photos but can you make them
A.
I know that one.
Q.
Who is this?
A.
That's Tom Curry.
Q.
The one below it, who is that?
A.
His wife.
Q.
And this is, again, in the period of time after the
10
out?
election?
11
A.
After the election, yes.
12
Q.
What was the idea of having the wife along?
13
A.
Prove that he and his wife was living at the Inn.
14
Q.
And here we have a basketball game.
15
16
Was there a real
basketball game that you know of?

A.
There may have been a three or four out shooting
17
baskets one evening or two.
18
Mr. Goeddertz's room one night.
19
this is were the basketball court is, I believe.
20
out there and there was three.
21
22
23
Q.
in it.
A.
I have witnessed one from

His was on the far wing and
And I looked
Here we have what appears to be a closet with clothes

What was the purpose of the photos like this?
Showing that we had clothes in the apartment -- I
24
mean, in the Residence Inn.
25
you spent the night away.
If your closet wasn't empty, well,

198
1
2
3
4
5
Q.
Now, was that an accurate representation of what was
happening?
A.
The only accurate people who would have had clothes
at the Residence Inn would have been the Allison boys.

Q.
And if there were two leaders of the group,
Mr. McDuffee, besides Mr. Jenkins, who you already identified,
did -- do you think there's a second leader of the group?
8
9
10
11
12
A.
Honestly, I could not answer that.
The few times I
was ever around when Adrian was at Jim's office.
Mostly
everything was flowing out of Jim.

Q.
And this is Adrian here holding the -- what appears
to be a voter's registration card; is that correct?
13
A.
Correct.
14
Q.
Adrian's role to the group was what then?
15
A.
On this subject matter, the fact that he had
16
discovered it, had researched it, looked into it, had made
17
contact with their attorney, tried to see open records on it,
18
to that extent is all I would know.
19
20
Q.
Okay.
More of the idea guy is what it sounds like?
Brought the idea to the group; is that what you're --
21
A.
-- some --
22
Q.
-- saying?
23
A.
-- and brought it, yeah.
24
Q.
Okay.
25
To your knowledge, did any member of this
group, prior to the election, have any other reason for staying
199
1
2
in this hotel other than voting in the election?

A.
None that I know of.
MR. WHITE:
Pass the witness.
MR. HEATH:
Your Honor, I would like to take a
break if we could.
THE COURT:
Let's go forward.
MR. HEATH:
Can't take a break?
I need to take
a restroom break.
THE COURT:
You got it.
10
MR. HEATH:
Thank you.
11
THE COURT:
No problem.
We're going to take
12
about a five-minute break; ladies and gentlemen.
13
bearing with us.
14
We're recessed.
15
(SHORT BREAK TAKEN)
16
THE COURT:
Thank you for
Ladies and gentlemen, during the
17
recess the State and the Defense discussed an issue.
18
State is requesting the Court to allow the State to allow to
19
ask the witness some more questions.
20
21
And the
And I think that's done without objection by the

Defense?
22
MR. HEATH:
That's correct, Your Honor.
23
THE COURT:
And so --
24
MR. WHITE:
25
THE COURT:
-- the State may proceed on direct.

200
CONTINUING DIRECT EXAMINATION
BY MR. WHITE:
Q.
4
5
6
7
8
Mr. McDuffee, there were quite a few rooms rented,
are you aware of, that prior -- or -- prior to the civil trial?
A.
Prior to the civil trial, I -- number I did not know;
but, yes, I knew there were rooms being rented.

Q.
Okay.
And are you familiar with the cost of those
rooms?
A.
No.
10
Q.
What did you donate?
11
A.
I don't really recall.
12
I just donated toward that.
I don't want to get into the
detail, but there were large sums along the way for rooms.
13
Q.
And whom did you pass that money along to?
14
A.
I couldn't really tell you.
15
At that time, it was
kind of hairy in my life.
16
Q.
Do you know if Mr. Jenkins spent a lot on rooms?
17
A.
Never heard a word as to who, what, when, and where.
18
Q.
At some point was there an issue prior to the
19
election contest in regards to the night before the vote that
20
not enough money had been spent on hotels?
21
22
A.
What I recall was the fact that Residence Inn allows
four per room.
Ten of us and two rooms at the Residence Inn.
23
Q.
And that was two rooms?
24
A.
Two rooms.
25
Q.
And did the group see that as a problem at the time
Ten occupants.
Ten total.

201
of the election?
A.
No.
Q.
Did the group see that as a problem after the
election once the civil trial had started?
5
6
A.
It was pointed out by an attorney that two rooms for
ten was not going to cut it.
Q.
And what does it mean, "not going to cut it?"
A.
You can't have married women staying with married men
9
10
in a motel room in The Woodlands.

together.
They're not husband and wife.
11
Q.
12
specifically?
13
A.
14
They're not married
Now, was anyone called to task for that situation
My recollection was that the conversation was
appointed to Mr. Jenkins.
15
Q.
And what was Mr. Jenkins' response, if you recall, to
17
A.
I don't believe there was a response.
18
Q.
In your knowledge of Mr. Jenkins -- and how long have
16
19
that?
you known Mr. Jenkins?
20
21
22
A.
90's.
I first became acquainted with Mr. Jenkins in the
I ran for a precinct chair.

Q.
Okay.
So, since you've known Mr. Jenkins in the
23
90's, have you known him to be a frugal man or a man that
24
throws money around?
25
A.
Very frugal.
202
Q.
to you?
A.
And when you say "very frugal," what does that mean
There were just never any -- somebody had to pay for
it.
It was a group effort.
It was me in his office, his
business was working, and if you found a chair, good; and if
not, stand.
MR. WHITE:
Approach for an exhibit, please?
THE COURT:
All right.
Q.
(BY MR. WHITE)
I'm going to show you, Mr. McDuffee,
10
on the screen State's 19.
These are Residence Inn records for
11
the period after the election.
12
Mr. Jenkins' name is on this bill along with three other
13
members of the group; is that correct?
And if you can make this out,
14
A.
Correct.
15
Q.
And this is one night at $189; is that correct?
16
A.
Before tax, yes.
17
Q.
Right.
18
change?
19
A.
Correct.
20
Q.
And here we've got a list of stays of Mr. Jenkins.
And the total is 213 with tax and some
21
I'll zoom out so we can see the whole list.
22
the amounts here on the side as these rooms total up?
23
got the arrival of May 29th of 2010; departing on June 14th of
24
2010, which is 16 nights.
25
Can you make out

We've
Do you see these totals of 842 and change; 841

203
and change?
On the next page, another 841 and 168 and change?
A.
Yes.
Q.
And would you say that's a considerable amount of
money?
A.
Yes.
Q.
And what, again, was going on during those first few
weeks of June?
8
9
A.
The appearance that we were there continuously or
several rooms being rented at a time.
There was not just two
10
rooms and nothing, two rooms and nothing.
11
appearance.
12
were staying at the Residence Inn during those time periods.
13
More of an
That was when the Allison's, actually, I believe,
Q.
And the purpose of making that appearance was for
15
A.
For the trial.
16
Q.
Now, Mr. McDuffee, you've obviously separated from --
14
17
what?
yourself from the group at this point, right?
18
A.
Correct.
19
Q.
And why was it that you chose to do that?
20
A.
After the trial, they wanted to appeal and they
21
needed the court reporter's record and the attorney was not
22
going to pay for it and he wanted money.
23
24
25
Q.
And at that point -- at some point later, did you
become aware of a criminal investigation into this matter?

A.
Well, the word from the attorney was, if you lose

204
this appeal, it's going to be criminal.
MR. HEATH:
Objection.
THE COURT:
Sustained.
MR. HEATH:
And ask that the jury be instructed
THE COURT:
Disregard the last statement,
MR. HEATH:
We would move for a mistrial.
THE COURT:
Denied.
to disregard --
6
7
Hearsay, Your Honor.
please.
10
You are instructed to disregard the last
11
statement of the witness and do not consider that at all for
12
your deliberations, ladies and gentlemen.
13
Q.
(BY MR. WHITE)
Thank you.
And, Mr. McDuffee, if you'd just
14
listen to the question as directly as you can.
15
directly as you can.
16
17
Respond
Did you become aware that there was a grand jury

investigation into this matter at some point?
18
A.
At what time period are we -- after the first trial?
19
Q.
At -- a criminal grand jury investigation, at some
20
point did you became aware of that?
21
A.
I became aware, yes.
22
Q.
Okay.
23
A.
Sleepless nights.
24
25
And what did you do in response to that?

Reached out to others.
I reached
out to your office.

Q.
Okay.
And when you called my office, did you speak

205
with me on the phone?
A.
I left a message.
Q.
Okay.
A.
Yes.
Q.
And do you recall what you told me in regard to being
6
7
And at some point, did we speak together?
invited to grand jury to testify?

A.
Verbatim, no.
It was come and tell the whole truth.
Testify before a grand jury and answer the questions
truthfully.
10
Q.
And what was your desire to do at that point?
11
A.
My desire was to get the -- to correct the wrong that
12
I had done.
13
Q.
And did you, in fact, testify at the grand jury?
14
A.
Yes, I did.
15
Q.
Did you understand that there might exist options for
16
leniency for people who cooperate and tell the truth in front
17
of a grand jury?
18
A.
Yes.
19
Q.
Were you promised anything, any leniency of any kind?
20
A.
No.
21
Q.
As you sit here today, are you under indictment for
22
the charge of illegal voting in this 2010 election?
23
A.
I was not indicted from the grand jury, no.
24
Q.
Are you under any criminal charge for that election?
25
A.
I would say the potential, yes.

206
Q.
Have you been arrested?
A.
No.
Q.
Okay.
Was that as a result of an agreement that you
had in exchange for your testimony at grand jury, that you were
not indicted?
A.
I was not aware of that.
I came to testify to the
grand jury and let the chips fall.
MR. WHITE:
Pass the witness.
CROSS-EXAMINATION
10
BY MR. HEATH:
11
Q.
Mr. McDuffee, it was only after the civil trial that
12
you began to become worried about your position, is that
13
correct, with respect to this election?
14
15
A.
Trying to really think and not get the answer -- I
became concerned with the District Attorney's letter.
16
Q.
All right.
17
18
Let's talk about that.
You received a letter.

from.
You indicated who it was
The first assistant, right?
19
A.
Yes.
20
Q.
And -- Mr. Grant, Mr. Phil Grant?
21
A.
Correct.
22
Q.
In that letter, he urged you to do three things,
23
didn't he?
24
understand that to mean?
25
A.
He urged you to seek counsel.
And what did you
That it was serious.

207
Q.
But what did you understand the word "counsel" to
A.
An attorney at law.
Q.
All right.
5
6
7
mean?
Pursuant to that, you did talk to some
attorneys, didn't you?

A.
I talked to an attorney at a gathering.
for any of us.
It was not
It was at his home.
Q.
All right.
Someone you knew?
A.
Yes.
10
Q.
And someone you trusted?
11
A.
I felt, yes.
12
Q.
You were also given two other items to review or
13
suggested to review; and that was the law itself, right, from
14
the election code and two position papers, one from the
15
Secretary of State and one from the Attorney General, right?
16
A.
Who would I receive these from?
17
Q.
In the letter that you received from Mr. Grant it
18
suggested that you review those things.
19
A.
Correct.
20
Q.
Did you personally ever review the election code, the
21
position paper from the Secretary of State, or the Attorney
22
General's opinion?
23
A.
No.
24
Q.
Now, is the reason that you did not review them,
25
because when you talked to the lawyer, you were pretty certain
208
that you were okay?
A.
No.
Q.
So, that counsel told you it's fifty-fifty or dicey;
He left it up in the air.
is that right?
A.
He basically said he couldn't call it.
Q.
Too close to call for him, correct?
any other counsel after that?
election.
So, did you seek
Now, this is before the
A.
I cannot answer that yes or no.
10
Q.
All right.
Now, when you decided I'm going to go
11
ahead and vote, you did that on your own, didn't you?
12
your decision?
That was
13
A.
I went to the voting polls, yes.
14
Q.
And when you decided to run as an -- for an office in
15
the RUD, you're indicating you wanted to be the president, you
16
made that decision too, didn't you?
17
A.
I can't answer that as a yes.
18
Q.
Okay.
20
A.
I agreed, yes.
21
Q.
And you agreed because you believed something was
19
22
There was discussions.
Let me ask it another way.
You agreed to do
it?
going on wrong over there in the RUD, didn't you?
23
A.
I didn't know that, no.
24
Q.
But something compelled you to run for that office,
25
right?
209
1
2
3
4
5
6
7
A.
Short answer, there was no voters the district.
There was never an -- had been an election for this RUD.

Q.
You thought there was something wrong with that,
didn't you?
A.
I don't remember who brought it forth, but there were
six people who lived inside the RUD.

Q.
Well, you thought there was something wrong with
there not having any elections in that Road Utility District,
didn't you?
10
11
A.
For there to be voters in the district and there was
never a called election, yes, that was a problem.
12
Q.
And you thought it was wrong, didn't you?
13
A.
I felt it was not -- it was against the state laws
14
since there should have been an election called.
15
voters.
16
Q.
17
All right.
There were
So, you felt like you personally and
everybody in Montgomery County was being wronged, didn't you?
18
A.
No.
19
Q.
Just you?
20
A.
I don't know what the other people thought.
21
Q.
But that's what you thought?
22
A.
I felt that it was wrong.
23
Q.
All right.
And you then decided, because you felt it
24
was wrong, how do I right this wrong; I get engaged in the
25
political process, correct?

210
A.
Correct.
Q.
And you would consider yourself a person who is
engaged in the political process, wouldn't you?
A.
No.
Q.
You would not?
A.
No.
Q.
You think the average citizen would be worried about
there not having been an election in a RUD?
A.
I can't answer that.
10
Q.
But you were concerned about that, right?
11
A.
I felt it was incorrect.
12
13
14
called an election.
Q.
All right.
There should have been
Should have been on the ballot.

And you then tried to figure out how can
I legally register to vote in that district, didn't you?
15
A.
Never.
16
Q.
You did not think about it?
17
A.
No.
18
Q.
You did not seek counsel about it?
19
A.
For what?
20
Q.
To legally register in the district.
21
A.
Could you rephrase the question?
22
Q.
Well, you've indicated that you thought it was wrong;
To seek counsel for what?
23
that you thought there needed to be an election, right?
24
testified to that?
25
A.
I thought there should be an election.

You've
211
Q.
And you thought enough of it to actually put your
name in the hat as far as being a candidate for one of those
positions in the RUD, correct?
A.
Correct.
Q.
And you felt confident in doing that because you were
a resident of Montgomery County?
A.
No.
Q.
You were not a resident of Montgomery County?
A.
To be a candidate for the RUD, you had to be a
10
11
12
13
14
15
16
citizen of the state of Texas.

Q.
All right.
So, you felt confident about that.
were a citizen of the state of Texas.

A.
Any citizen of the state of Texas can put in their
application to be candidate for any of these boards.

Q.
So, you were well within your rights of doing that;
is that correct?
17
A.
That's correct.
18
Q.
All right.
19
You had no worries about that at all,
correct?
20
A.
No.
21
Q.
So, you received a letter from Phil Grant.
22
You
About how
long before the election did you receive the letter?
23
A.
About a month, give or take.
24
Q.
And in that month, you just talked to a lawyer about
25
that letter?
You didn't talk to anybody else?

212
A.
There was general talk in the group.
Q.
All right.
And did anybody else in the group, that
you know of, seek counsel?
A.
Not to my knowledge.
Q.
All right.
So, you don't know whether Mr. Jenkins
sought counsel or not from a lawyer before the election?
A.
I was not privy to any of those meetings.
Q.
All right.
And did anybody share with you those
position papers, that Secretary of State position paper that
10
Mr. Grant suggested that you review, or the Attorney General
11
paper?
12
Did you ever look at it?
Did you ever see a copy of it?
Did you ever try to digest it?
13
A.
No.
14
Q.
Why didn't you?
15
A.
I had trust in a friend.
16
Q.
All right.
17
A.
Mr. Jim Jenkins.
18
Q.
That's right.
19
Did you ever read it?
And that friend was who?
And what did he tell you?
That he had
read every one of those papers, right?
20
A.
I do not recall him telling me that.
21
Q.
And that he had read the case law that those papers
22
talked about, right?
23
A.
I do not know that.
24
Q.
Well then, what did he tell you?
25
A.
Don't worry about the letter.
It's a gray area.

213
1
2
Q.
A gray area.
All right.
And consequently, it was
okay to vote in the RUD, right?
A.
It was okay to proceed.
Q.
It was legal to proceed, right?
5
6
7
8
9
That's what
Mr. Jenkins thought, right?

A.
I don't remember him ever saying that he thought it
was right.
Q.
It's not my question.
My question was:
It was legal
to go forward?
10
A.
It was not a cut and dry, yes/no legal.
11
Q.
All right.
And did he share with you his belief that
12
if you had the intent to establish a residence and you had
13
physical presence at that residence at the time that you voted
14
that that was -- that would satisfy the statute?
15
you that?
Did he tell
16
A.
I've heard that argument, yes.
17
Q.
Did Mr. Jenkins tell you that?
18
A.
I cannot answer that yes or no.
19
Q.
Who do you think told you that?
20
A.
It could have come from anyone of the group or they
21
had heard it.
22
it was a gray area.
23
election.
24
daily basis/weekly basis with the group.
25
Q.
I do not know.
The general consensus was that
I know where it happened after the
But before, I was not -- I was not in meetings on a
But you felt confident enough to not only put your

214
name on the ballot, but to go down and vote for yourself and
for your other -- the other candidates, correct?
3
4
5
6
7
A.
legal.
Correct on putting my name on the ballot.
Totally
But voting was not cut and dry with me, no.
Q.
And yet you still did it and you did it after seeking
counsel, correct?
A.
Let's say I was in a room with an attorney who was
asking questions and I listen in on the conversation, did I go
and pay the attorney to give me an opinion, no.
10
11
Q.
Do you know if any of the other people in the group
did that, paid an attorney to give them an opinion?
12
A.
No.
13
Q.
Did anybody in the group offer you the Secretary of
14
I have no knowledge.
State position paper to look at?
15
A.
Before the vote?
16
Q.
Yes, sir.
17
A.
I couldn't tell you the number of times I even saw
18
19
any of the group before the election.

Q.
Because you were -- the first time that you heard
20
anything about this incident was in a public meeting at a
21
library in the RUD, wasn't it?
22
anything about problems with the RUD?
The first time you heard
23
A.
No.
24
Q.
And Mr. Jenkins wasn't the person speaking.
25
Heath was.
Adrian
He's the one that discovered all this, right?

215
A.
I've heard it from Adrian Heath on the night of the
meeting at Jim's office.
the RUD and they had no elections because there were no
candidates in the district.
living inside the district who could vote.
residents in the district, there was no need to call an
election to spend the money.
8
9
10
11
Q.
Now, based on your knowledge, which one of the group
contacted the Secretary of State and set up the election?
13
assume.
14
Q.
That I had no knowledge of.
I could only guess or
Well, I don't want you to do that.
I want you to
testify about what you know.
16
Now, you do remember testifying.
This is your
third time testifying about this situation, correct?
18
A.
Yes.
19
Q.
You testified in the civil trial.
20
Since there were no
of it.
A.
17
There was no -- sorry -- residents
They just appointed a board and that was the end
12
15
The first time I heard anything about
You testified
before the grand jury.
21
A.
Right.
22
Q.
And now you're testifying here.
23
A.
Correct.
24
Q.
Now, do you remember when you testified in the civil
25
trial and you didn't -- you remember saying that the decision
216
to vote was made up by each person in their own time and in
their own mind, correct?
Do you remember saying that?
A.
Yes.
Q.
Because you don't know when Mr. Jenkins decided to
register, do you?
A.
No.
Q.
You only know when you did?
A.
Correct.
Q.
And you can only speak for what was in your heart and
10
what was in your mind at that time?
11
A.
Right.
12
Q.
Did you knowingly put false information on your
13
registration form to vote?
14
believe you were knowingly putting down an illegal residence?
15
You didn't believe that in your mind, did you?
16
A.
At the time you did it, did you
I believed that it was not a clearcut yes or no.
17
was told I could go put a tent under the Research bridge and
18
that was my residence and list that on my voter registration.
19
20
Q.
And that's what you believed when you put it down,
isn't it?
21
A.
Yeah.
22
Q.
Now, you also believed that if you were in that
23
location, that residence on the date of the election, that was
24
okay, too, correct?
25
mind and your presence at one time?
That there had to be a meeting of your

Do you remember that being

217
significant?
Do you?
A.
Yes.
Q.
Is that a yes?
A.
Yes.
Q.
And knowing those two things, you did not present
yourself within the district on that election day?
stay at the Residence Inn, did you?
You didn't
A.
No.
Q.
But others in your group did, didn't they?
10
A.
I have no knowledge.
11
Q.
The fact that you didn't stay there and that you
12
didn't have a presence there, in fact, means you did not merge
13
your mental state, what you had in your mind to do as far as
14
your residence, and your physical actions?
15
intersect that day, did they?
16
17
18
19
A.
They did not
The day of the election I was in the hotel for
15 minutes to change clothes.

Q.
All right.
And did you believe that was sufficient
to establish your residence?
20
A.
No.
21
Q.
So, you consciously did not stay there, did you?
22
A.
Consciously, no.
23
Q.
And that's different from others who felt like if I
24
am there in the RUD on the night before, on the day of, on the
25
night after, that they had legally established their residence

218
according to all the documents that were given to -- that were
prescribed to you by Mr. Grant; and in your instance and in
other people's instances, what a lawyer told you, right?
A.
I'll agree to that.
Q.
So, when you filled out that application knowing what
you knew, you were not knowingly, knowingly voting illegally,
were you?
thought you might be, but you didn't know that, did you,
truthfully?
You didn't know you were voting illegally?
10
11
MR. WHITE:
If there
could be one question at a time for the witness.
12
13
You
THE COURT:
Q.
(BY MR. HEATH)
All right.
Sustained.
You didn't know that, did you?
On
14
the day that you -- on the day that you voted, you did not know
15
that, did you?
16
A.
No.
17
Q.
And that's the honest truth, isn't it?
18
A.
That's the honest truth.
19
Q.
So, maybe, maybe you were negligent in voting.
You
20
might even have been reckless, but you didn't know for certain
21
that you were voting illegally, did you?
Did you?
22
A.
No.
23
Q.
After the election contest, that's when you felt like
24
25
No.
you, hey, man; maybe I did the wrong thing, right?

A.
After, yes.
After?
219
Q.
After you found out that there was a criminal
investigation and you went, well, I guess, maybe I did do
something wrong here, right?
A.
proceed, yes.
Q.
There was enough for the District Attorney to
All right.
Now, are you sure the District Attorney
proceeded or if the Attorney General proceeded?
A.
I do not know for a fact who proceeded on it.
Q.
All right.
10
Now, you did appear before a grand jury
here in Montgomery County, didn't you?
11
A.
Yes.
12
Q.
And when -- after you testified, were you compelled
13
to plead to any sort of criminal offense?
14
A.
No.
15
Q.
So, as you sit before us, you were never charged?
16
A.
Correct.
17
Q.
You were never indicted?
18
A.
Correct.
19
Q.
And as you -- as you sit here with us, you don't
20
believe you're ever going to be charged or indicted for this
21
offense; is that right?
22
A.
That one I can't answer.
23
Q.
Now, you do recall, prior to the election, just a few
24
days before, talking with the publication called the Texas
25
Watchdog about this election?

220
A.
Yes.
Q.
Do you remember indicating that you were anxious to
rectify or to correct the problems in the RUD?
that?
Do you remember
A.
Not in the RUD.
Q.
Yes, sir.
A.
I was -- wanted there to be an open election.
Q.
Because your sense of it was that they just kept
9
10
11
In the voting for the board.
And you were anxious to do it?
being re-appointed without any scrutiny by anybody, right, the

directors of this RUD?
A.
That's what I was told by one of the group from the
12
attorney that there was no need to call an election and they
13
just re-appointed themselves or whatever.
14
amongst themselves, I did not know that.
If they voted
15
Q.
Now, do you remember reading that article?
16
A.
I remember pulling it up.
17
18
It was an long article,
but, no, I did not read all of it.

Q.
And did you -- did you feel like before you voted
19
that residency could be determined by the voter?
20
words, the voter determined his residence for purposes of an
21
election?
22
23
A.
In other
I've heard all the arguments about the mindset and
that didn't really totally wash.
24
Q.
As far as you were concerned?
25
A.
As far as I was concerned.

221
1
2
3
Q.
So, you thought you were taking a chance, but you
didn't know that you were wrong, right?

A.
Correct.
MR. HEATH:
THE COURT:
Any redirect?
MR. WHITE:
No further questions for this
THE COURT:
All right.
10
MR. WHITE:
He may, Your Honor.
11
MR. HEATH:
12
THE COURT:
All right.
All right.
Ladies and gentlemen, we're going to
13
Your Honor.
witness.
May this man be excused?
You are excused, sir.
Thank you.
14
15
break for the evening.
16
o'clock again.
17
that the Court has given to you.
18
And, again, thank you for your patience and understanding.
19
Have a nice evening.
20
And can we see -- be back at 9:00
Remember the instructions
Please follow the bailiff.
(COURT ADJOURNED)
21
22
23
24
25
222
REPORTER'S CERTIFICATE
THE STATE OF TEXAS
COUNTY OF MONTGOMERY )
I, Cassandra McCoy, Deputy Official Court Reporter
in and for the 359th District Court of Montgomery County, State
of Texas, do hereby certify that the above and foregoing
contains a true and correct transcription of all portions of
evidence and other proceedings requested in writing by counsel
for the parties to be included in this volume of the Reporter's
10
Record, in the above-styled and -numbered cause, all of which
11
occurred in open court or in chambers and were reported by me.
12
I further certify that this Reporter's Record of the
13
proceedings truly and correctly reflects the exhibits, if any,
14
admitted by the respective parties.
15
I further certify that the total cost for the
16
preparation of this Reporter's Record is $ 1,125.00 and was
17
paid by Bennett & Secrest, PLLC.
18
19
WITNESS MY OFFICIAL HAND this the 23rd day of

August, 2013.
20
21
22
23
24
25
/s/ Cassandra McCoy

CASSANDRA MCCOY, Texas CSR 8251
Expiration Date: 12/31/14
Deputy Official Court Reporter
359th District Court
Montgomery County, Texas
16457 Ryan Guinn Way
Conroe, Texas 77303
(936) 524-6305
223
$
$0.37 [1] - 51:15
$119 [2] - 49:18,
50:20
$134.47 [1] - 50:20
$149 [1] - 148:16
$189 [1] - 202:15
$199 [1] - 51:14
$2,000 [2] - 55:19,
106:7
$2,600 [1] - 149:5
$200 [1] - 149:4
$224 [1] - 51:15
$268.94 [1] - 49:21
$3,000 [1] - 149:24
$800.00 [1] - 149:4
/
/s [1] - 222:21
0
00787549 [1] - 2:4
01 [1] - 84:18
09347400 [1] - 2:9
1
1 [11] - 5:4, 33:14,
33:18, 45:8, 51:5,
57:4, 57:8, 57:11,
58:1, 58:3, 84:19
1,125.00 [1] - 222:16
1.015 [2] - 138:10,
140:17
10 [7] - 3:7, 5:15,
62:4, 62:6, 65:10,
68:19, 68:20
10th [2] - 94:25, 95:3
11 [7] - 3:8, 5:16,
62:4, 62:6, 65:10,
68:24, 68:25
117 [2] - 3:14, 4:7
119 [2] - 3:14, 4:7
11th [2] - 94:25, 95:3
11th/12th [1] 152:12
12 [16] - 1:1, 5:17,
62:4, 62:6, 65:10,
69:3, 69:4, 98:8,
98:10, 114:10,
114:13, 114:16,
114:19, 114:21,
155:3, 164:14
12-03-02579-CR [1] 1:2
12-03-2579 [1] - 8:11
12/31/14 [1] - 222:22
124 [3] - 3:14, 4:7,

6:16
125 [1] - 6:16
12548 [1] - 2:5
126 [2] - 3:15, 4:5
12th [1] - 158:16
13 [7] - 5:18, 62:4,
65:10, 69:11, 149:1,
156:7, 157:3
130 [2] - 3:15, 4:5
13238 [2] - 79:14,
166:25
137 [2] - 3:15, 4:5
13993 [1] - 51:12
14 [8] - 5:20, 51:13,
62:4, 65:10, 69:19,
69:21, 147:7, 149:2
14-13-00662-CR [1] 1:2
1400 [1] - 97:15
141 [2] - 3:15, 4:5
142 [2] - 3:16, 4:4
145 [2] - 6:4
1488 [2] - 34:23,
74:23
14993 [4] - 60:25,
79:25, 85:15, 164:23
14th [4] - 52:18,
147:23, 153:13,
202:23
14th/15th [1] - 52:6
14th/May [2] - 51:23,
53:3
15 [12] - 5:21, 51:13,
62:4, 65:10, 67:7,
70:2, 70:3, 70:6,
93:20, 149:24,
153:15, 217:17
151 [2] - 7:9
154 [2] - 6:18
157 [20] - 6:19, 6:20,
6:21, 6:22, 6:23, 6:24,
6:25, 7:4, 7:5, 7:6
15910 [5] - 42:9,
58:15, 79:18, 83:3,
160:16
15th [3] - 51:23,
53:3, 153:20
16 [36] - 3:9, 5:22,
55:6, 62:1, 62:2, 62:4,
62:6, 64:7, 65:2,
65:10, 66:12, 68:18,
70:4, 70:19, 71:25,
72:6, 76:4, 77:25,
83:10, 87:15, 89:8,
89:19, 92:23, 95:11,
118:13, 147:24,
147:25, 148:9,
148:14, 149:3,
155:19, 155:25,
156:17, 159:8,
164:15, 202:24
16457 [1] - 222:24
166 [2] - 7:8

16728 [2] - 79:21,
163:17
168 [3] - 3:16, 4:4,
203:1
16th [3] - 158:25,
159:17, 164:11
17 [34] - 3:10, 5:23,
62:16, 63:15, 63:16,
63:23, 63:24, 64:1,
64:25, 65:10, 72:25,
73:3, 73:9, 73:12,
73:18, 86:6, 148:8,
148:9, 148:10,
148:13, 149:10,
150:2, 157:25, 158:4,
160:9, 163:12,
163:18, 164:7, 165:1,
166:16, 167:3,
167:10, 167:12,
167:19
170 [2] - 3:17, 4:6
18 [8] - 5:24, 30:21,
63:15, 63:19, 63:20,
81:15, 81:20, 97:5
18(a [1] - 190:12
180 [2] - 55:19, 106:7
189 [1] - 6:15
19 [6] - 6:4, 144:1,
144:17, 145:7,
145:10, 202:10
190 [1] - 6:15
1991 [1] - 18:9
1993 [1] - 86:2
1995 [1] - 30:22
1999 [1] - 155:8
1:15 [2] - 96:10
2
2 [5] - 5:5, 40:9, 42:3,
79:9, 149:24
2,600 [1] - 149:7
20 [6] - 6:5, 89:21,
94:4, 94:13, 149:17,
149:24
200 [2] - 3:17, 4:6
2002 [1] - 155:8
2003 [2] - 155:7,
161:22
2009 [3] - 155:13,
155:14, 156:7
2010 [80] - 5:8,
16:14, 16:18, 36:19,
37:3, 37:6, 39:13,
40:4, 40:6, 40:17,
43:16, 43:21, 49:4,
49:12, 49:13, 51:1,
51:4, 51:13, 54:24,
56:2, 56:3, 56:5,
56:16, 56:22, 57:4,
57:8, 57:11, 57:14,
58:1, 58:3, 58:5,

58:19, 59:15, 59:19,
59:22, 59:24, 59:25,
60:13, 78:12, 86:6,
89:23, 99:1, 107:4,
112:9, 112:25,
126:23, 127:6,
142:24, 144:13,
146:9, 146:14, 147:5,
147:7, 147:18,
148:25, 149:1, 149:2,
150:12, 150:20,
150:21, 150:25,
152:9, 153:15,
153:20, 156:8,
156:20, 168:22,
172:4, 172:5, 172:8,
175:25, 179:9,
182:14, 183:20,
202:23, 202:24,
205:22
2010/2011 [1] 144:16
2011 [15] - 6:4,
144:14, 153:19,
153:20, 155:7,
156:23, 157:3,
158:16, 158:25,
159:17, 159:18,
159:24, 164:11,
164:15
2013 [3] - 1:19, 3:4,
222:19
204 [2] - 3:18, 3:19
206 [2] - 3:17, 4:6
20th [1] - 144:14
21 [5] - 6:6, 78:4,
79:9, 80:2, 94:8
213 [1] - 202:17
22 [4] - 6:7, 79:4,
79:12, 117:14
221 [1] - 3:20
222 [1] - 3:21
22nd [1] - 96:1
23 [2] - 6:8, 79:16
23rd [1] - 222:18
24 [3] - 6:9, 79:17,
168:22
24054475 [1] - 2:3
242 [3] - 35:20,
74:23, 76:16
24th [1] - 168:23
25 [2] - 3:4, 79:19
25th [1] - 1:19
26 [6] - 3:11, 6:4,
6:11, 79:20, 146:14,
153:18
26th [3] - 146:15,
149:9, 159:21
27 [3] - 6:12, 79:22,
94:8
27907 [4] - 41:20,
59:5, 163:10, 171:3

27th [1] - 146:16

28 [3] - 6:13, 79:4,
79:24
29 [2] - 146:8, 147:5
2920 [1] - 172:14
2978 [3] - 34:9,
34:14, 74:21
29th [3] - 147:22,
153:8, 202:23
3
3 [7] - 5:6, 42:15,
43:10, 43:13, 98:14,
98:15, 148:25
3,000 [1] - 149:19
30 [19] - 3:14, 4:7,
19:23, 19:24, 51:4,
108:17, 108:20,
108:25, 109:7, 109:8,
109:15, 109:21,
113:15, 131:19,
162:19, 162:24,
169:4, 173:17, 180:24
30th [1] - 153:9
31 [2] - 93:12, 95:12
31st [2] - 58:19,
153:9
32 [6] - 40:25, 57:23,
69:2, 79:16, 160:6,
167:7
33 [6] - 5:4, 6:14,
189:17, 189:25, 190:9
34 [6] - 6:16, 124:17,
124:22, 125:6, 127:1,
137:18
359th [2] - 222:5,
222:23
359TH [1] - 1:7
37.10 [1] - 82:20
38 [3] - 6:17, 154:9,
154:19
39 [4] - 6:19, 157:12,
157:13, 157:18
4
4 [6] - 5:8, 42:16,
43:11, 43:13, 44:15,
98:13
4,500 [1] - 17:18
40 [5] - 5:5, 6:20,
158:21, 168:11
403 [1] - 65:17
41 [2] - 6:21, 159:11
42 [4] - 5:7, 5:8, 6:22,
160:2
43 [11] - 5:7, 5:8,
6:23, 68:8, 75:24,
84:19, 157:23,
158:19, 160:11
224
44 [2] - 6:24, 163:6
45 [4] - 6:25, 34:1,
34:2, 163:14
46 [2] - 7:4, 163:20
47 [10] - 5:9, 5:11,
7:5, 157:12, 157:13,
164:16, 164:18,
164:22
475-2547 [1] - 2:6
48 [5] - 7:6, 157:14,
164:17, 164:18,
164:22
49 [5] - 7:7, 165:4,
165:17, 165:21, 166:5
5
5 [7] - 5:9, 47:1, 47:7,
54:24, 56:3, 56:16,
59:15
51 [2] - 7:9, 151:11
512 [1] - 2:6
524-6305 [1] - 222:25
526-4221 [1] - 2:11
54 [2] - 5:12
58/59 [1] - 95:12
590 [1] - 97:15
5th [5] - 56:2, 89:23,
92:12, 107:4, 168:23
6
6 [5] - 5:10, 47:20,
47:22, 82:15, 150:5
60 [7] - 162:19,
162:24, 168:18,
168:19, 168:23, 169:4
607 [3] - 70:12,
79:23, 164:5
609 [1] - 2:10
64.012 [1] - 122:19
67 [16] - 5:13, 5:14,
5:15, 5:16, 5:17, 5:19,
5:20, 5:21
6th [1] - 61:3
7
7 [73] - 1:1, 3:2, 3:5,
3:6, 3:6, 3:7, 3:8, 3:9,
3:10, 3:11, 3:14, 3:15,
3:16, 3:17, 3:18, 3:19,
3:20, 3:21, 4:4, 4:5,
4:6, 4:7, 5:4, 5:5, 5:7,
5:8, 5:9, 5:11, 5:12,
5:12, 5:13, 5:14, 5:15,
5:16, 5:17, 5:19, 5:20,
5:21, 5:22, 5:23, 5:25,
6:4, 6:5, 6:6, 6:7, 6:8,
6:10, 6:11, 6:12, 6:13,
6:15, 6:16, 6:18, 6:19,
6:20, 6:21, 6:22, 6:23,

6:24, 6:25, 7:4, 7:5,
7:6, 7:8, 7:9, 45:25,
49:12, 54:11, 64:22,
105:24, 105:25,
150:20, 156:20
71 [3] - 3:14, 4:7,
5:22
713 [1] - 2:11
72 [4] - 3:14, 4:7,
5:22, 5:23
73 [1] - 5:23
77006 [1] - 2:10
77302 [1] - 164:5
77303 [1] - 222:25
77306 [1] - 164:24
77355 [2] - 42:9,
160:16
77380 [11] - 41:1,
45:4, 55:3, 55:7,
155:20, 156:1,
156:18, 159:2,
159:10, 159:15, 160:7
77381 [2] - 157:24,
158:20
77385 [1] - 163:17
77386 [3] - 41:20,
163:10, 171:3
78711 [1] - 2:6
79 [14] - 6:6, 6:7, 6:8,
6:10, 6:11, 6:12, 6:13
7th [10] - 50:17,
53:18, 60:11, 90:5,
90:25, 150:22,
151:25, 152:2, 185:14
8
8 [22] - 3:5, 3:6, 5:8,
5:13, 16:14, 16:17,
43:21, 61:25, 62:1,
62:2, 62:4, 62:6, 64:7,
65:2, 65:9, 67:7,
67:25, 147:18, 149:1,
152:9, 172:8, 183:20
81 [2] - 5:25
8251 [1] - 222:22
841 [2] - 202:25,
203:1
842 [1] - 202:25
8th [10] - 36:19,
43:16, 43:18, 49:14,
50:17, 53:18, 95:1,
147:20, 152:1, 185:15
9
9 [9] - 3:6, 5:14,
49:13, 62:5, 65:6,
68:15, 68:16, 150:21
90's [2] - 201:21,
201:23
9333 [30] - 19:5,

44:23, 45:4, 46:7,
46:19, 47:11, 47:13,
48:2, 53:8, 55:2,
56:14, 57:3, 57:17,
58:5, 58:19, 58:21,
59:13, 59:21, 60:9,
60:22, 77:9, 77:14,
95:17, 117:15,
143:23, 158:10,
158:11, 159:1,
159:15, 168:1
936 [1] - 222:25
94 [2] - 6:5
97 [2] - 3:14, 4:7
9:00 [1] - 221:15
9th [3] - 16:11,
150:22, 152:2
A
abatements [1] 98:4
ability [2] - 38:23,
38:24
able [8] - 21:3, 24:19,
45:5, 81:14, 110:24,
116:6, 145:22, 187:17
above-entitled [1] 1:20
above-styled [1] 222:10
absolutely [11] 21:12, 22:2, 22:25,
32:5, 58:25, 80:13,
115:4, 115:23,
129:24, 139:4, 163:5
academy [1] - 161:25
accepted [1] - 180:2
accomplished [1] 20:10
accordance [1] 16:3
according [8] 43:22, 55:24, 56:17,
57:8, 58:2, 85:19,
114:17, 218:1
account [1] - 50:2
accountable [1] 29:24
accurate [3] - 191:8,
198:1, 198:3
accurately [3] - 47:3,
78:23, 94:10
accused [1] - 26:15
acquainted [1] 201:20
acquire [1] - 81:11
act [1] - 64:11
acted [1] - 65:13
action [2] - 129:3,
186:24
actions [4] - 21:16,

62:9, 63:12, 217:14
active [2] - 11:3,
111:6
actively [1] - 25:1
activism [1] - 25:18
activist [1] - 25:1
activities [3] - 114:5,
188:22, 188:23
activity [1] - 128:18
actual [4] - 35:7,
44:17, 62:5, 95:14
ad [1] - 98:2
add [3] - 22:11,
86:22, 177:9
added [1] - 50:2
addition [7] - 24:8,
53:22, 53:23, 143:12,
159:6, 162:2, 188:9
additional [7] 21:17, 23:13, 35:15,
51:3, 84:6, 107:22,
143:13
additionally [1] 162:2
address [156] 40:21, 40:24, 41:2,
41:3, 41:4, 41:6,
41:17, 42:7, 42:8,
44:23, 45:4, 46:7,
46:18, 46:20, 46:22,
46:23, 48:5, 49:11,
51:12, 53:8, 54:25,
55:2, 55:4, 55:6, 55:8,
55:9, 55:12, 56:12,
56:13, 56:14, 56:20,
57:2, 57:6, 57:7,
57:16, 57:17, 57:19,
57:21, 57:22, 57:24,
58:12, 58:14, 58:16,
58:17, 58:18, 58:24,
59:5, 59:6, 59:8, 59:9,
59:10, 59:13, 59:16,
60:2, 60:7, 60:9,
60:22, 60:25, 68:6,
68:14, 68:21, 68:23,
69:1, 69:2, 69:6,
69:10, 69:14, 69:15,
69:16, 69:24, 69:25,
70:10, 70:12, 70:16,
70:17, 71:9, 71:10,
71:15, 71:16, 72:9,
72:10, 74:1, 75:2,
75:19, 76:24, 78:20,
79:13, 79:17, 79:20,
83:4, 83:9, 83:10,
84:8, 84:9, 84:10,
84:21, 85:1, 85:15,
88:22, 89:6, 89:8,
89:10, 89:19, 95:10,
95:11, 95:17, 97:13,
105:13, 105:15,
105:16, 105:20,

117:10, 117:13,
155:18, 155:23,
155:24, 156:3,
156:11, 156:15,
156:25, 157:21,
158:3, 158:11,
158:24, 159:14,
160:5, 160:14,
160:18, 163:9,
163:16, 164:3,
164:23, 165:11,
165:13, 166:21,
166:25, 167:3, 167:9,
167:12, 167:18,
167:21, 167:23,
168:1, 168:16, 169:5,
180:16, 183:4, 184:1
addressed [1] 193:25
addresses [24] 44:24, 45:3, 63:2,
63:3, 63:4, 63:7,
64:16, 72:15, 72:19,
74:12, 75:4, 75:8,
77:24, 78:19, 81:12,
114:14, 156:12,
158:6, 159:4, 159:5,
159:7, 164:20,
166:14, 166:15
ADJOURNED [1] 221:20
Adjourned...............
.......... [1] - 3:20
administration [1] 11:4
administrative [4] 108:25, 109:4,
109:10, 109:15
admissibility [2] 70:22, 71:2
admissible [4] 64:25, 177:7, 178:13,
178:15
admission [4] - 62:3,
67:9, 79:6, 81:18
admit [4] - 73:20,
86:11, 92:20, 95:15
admitted [32] - 7:25,
13:25, 14:1, 33:18,
40:13, 43:14, 47:9,
47:22, 54:14, 63:5,
67:10, 72:1, 72:2,
72:6, 73:4, 75:4, 79:7,
81:19, 94:8, 94:15,
98:8, 125:6, 145:15,
151:12, 151:17,
154:25, 157:17,
166:11, 168:11,
190:4, 190:6, 222:14
ADMITTED [3] - 5:3,
6:3, 7:3
admonish [1] - 93:19
Adrian [31] - 5:13,
225
6:5, 6:19, 45:18,
56:10, 56:18, 68:1,
68:8, 75:22, 84:23,
94:5, 94:16, 124:24,
144:25, 146:12,
157:20, 157:22,
158:4, 158:17,
173:19, 173:21,
173:22, 176:5,
191:24, 193:3, 193:4,
196:16, 198:9,
198:11, 214:24, 215:1
adrian [1] - 50:8
Adrian's [1] - 198:14
Adrienne [1] 135:10
adults [1] - 50:10
advance [4] 108:20, 109:21,
113:15, 162:8
advice [4] - 124:11,
128:10, 132:2, 137:3
advise [4] - 61:11,
120:11, 120:14, 122:5
advised [1] - 122:7
Aerial [1] - 5:23
aerial [1] - 63:22
affidavit [2] - 145:11,
153:18
Affidavit [2] - 5:10,
6:4
affiliate [1] - 23:20
affirm [6] - 55:20,
82:13, 106:9, 107:16,
107:18, 108:6
affirmation [1] 107:20
aforesaid [1] - 16:15
afternoon [3] 126:16, 170:11,
170:12
afterwards [1] 22:15
agencies [1] - 28:1
agent [3] - 155:11,
192:17
agent/office [1] 155:5
aggravated [1] 22:15
ago [4] - 57:20, 86:1,
172:5, 172:6
agree [4] - 9:12,
23:23, 132:17, 218:4
agreed [3] - 208:18,
208:20, 208:21
agreement [1] 206:3
ahead [21] - 8:14,
8:17, 22:10, 26:12,
26:13, 32:23, 63:10,
67:5, 71:5, 74:5, 87:9,
87:25, 99:15, 102:4,
117:20, 153:1, 161:8,

173:5, 175:22, 185:2,
208:11
aid [1] - 151:4
Aided [1] - 1:25
aiding [1] - 169:17
air [1] - 208:2
aka [1] - 145:4
Alan [6] - 8:12,
16:13, 16:23, 54:23,
68:17, 158:23
ALAN [1] - 1:6
allegations [4] 143:6, 143:9, 177:25,
182:11
alleged [6] - 8:25,
62:11, 139:25,
176:23, 177:4, 177:7
alleges [1] - 177:11
alleging [1] - 62:21
Allison [33] - 5:22,
7:5, 7:6, 45:19, 45:21,
51:10, 51:18, 51:21,
60:21, 60:22, 66:9,
70:14, 70:18, 70:20,
71:9, 72:11, 76:24,
79:25, 81:5, 85:11,
85:13, 91:12, 145:4,
145:5, 149:21,
164:18, 164:19,
165:25, 167:23,
194:15, 194:16, 198:4
Allison's [3] - 6:13,
76:23, 203:11
Allison/Robert [1] 79:25
allow [4] - 36:10,
110:10, 199:18
allowed [5] - 73:13,
77:23, 124:11,
138:17, 138:18
allowing [1] - 71:4
allows [2] - 70:25,
200:21
Almost [1] - 18:12
almost [4] - 142:17,
142:20, 149:4, 156:22
alphabet [1] - 190:12
alphabetical [1] 75:3
ALPHABETICAL [1]
- 4:1
America [2] - 27:15,
192:16
Americans [1] - 26:7
amount [4] - 17:8,
148:5, 149:23, 203:3
amounts [1] - 202:22
AND [1] - 8:1
annexing [1] - 35:14
Announcement......
...................... [1] - 3:5
annunciate [1] -
171:6
answer [33] - 13:13,
18:21, 35:25, 52:15,
75:6, 88:12, 91:23,
92:9, 93:23, 97:21,
101:23, 102:12,
102:15, 103:1,
103:21, 117:6, 120:2,
123:17, 123:18,
132:10, 161:6,
162:23, 185:5, 198:8,
205:8, 206:14, 208:9,
208:17, 209:1, 210:9,
213:18, 219:22
answered [1] 183:22
answering [1] 32:18
anticipate [1] - 27:7
anxious [2] - 220:2,
220:6
apartment [1] 197:23
appeal [4] - 9:2,
10:7, 203:20, 204:1
appear [6] - 24:10,
24:16, 24:18, 148:21,
149:21, 219:9
appearance [7] 14:19, 23:15, 66:9,
189:8, 203:8, 203:11,
203:13
APPELLATE [1] - 1:2
appellate [3] - 9:2,
9:10, 20:23
applicable [2] 119:17, 123:3
applicant [1] - 42:3
Application [1] 54:23
application [53] 40:16, 40:18, 41:12,
41:14, 42:2, 42:4,
45:9, 45:15, 54:16,
56:1, 56:8, 56:11,
56:24, 57:1, 57:12,
57:15, 57:20, 57:23,
58:7, 58:13, 58:17,
58:20, 59:1, 59:6,
59:7, 59:9, 59:13,
59:20, 69:15, 69:17,
69:25, 70:11, 71:11,
71:12, 71:15, 81:22,
82:5, 82:8, 82:10,
82:18, 83:7, 83:8,
87:16, 92:12, 95:23,
106:1, 109:9, 110:13,
157:8, 179:18, 181:2,
211:14, 218:5
applications [3] 19:3, 19:14, 43:8
Applications [2] 5:5, 5:12
applied [2] - 58:8,

85:25
applies [2] - 94:7,
140:4
apply [1] - 110:24
applying [1] - 140:6
appointed [4] 201:14, 215:8, 220:9,
220:13
Appraisal [4] - 5:24,
81:9, 81:16, 85:19
appraiser [1] - 82:12
appreciate [2] - 77:3,
184:24
apprise [1] - 105:8
apprised [1] - 105:5
approach [10] 10:14, 20:14, 31:19,
66:5, 67:13, 74:3,
99:2, 102:18, 137:13,
202:7
approaching [1] 20:19
approximate [1] 78:8
April [30] - 19:9,
49:5, 51:4, 52:3,
54:24, 56:2, 56:3,
57:4, 57:8, 57:11,
58:1, 58:3, 59:15,
59:22, 59:23, 60:11,
61:3, 89:23, 90:3,
92:12, 107:4, 113:16,
127:5, 156:7, 168:23,
180:24
area [37] - 18:10,
18:11, 18:17, 22:9,
33:7, 33:9, 33:12,
34:1, 34:8, 34:17,
35:13, 35:21, 35:24,
38:1, 41:21, 42:10,
50:4, 50:5, 74:18,
74:20, 75:13, 76:4,
76:7, 76:12, 105:2,
114:25, 130:23,
133:8, 139:7, 139:21,
155:21, 172:9,
187:17, 189:21,
212:25, 213:1, 213:22
areas [1] - 34:5
argument [2] 65:11, 213:16
arguments [5] 12:10, 14:7, 15:25,
220:22
Arkansas [1] - 105:6
arose [1] - 8:25
Arraignment...........
.................. [1] - 3:9
arrested [1] - 206:1
arrival [5] - 49:12,
50:16, 146:8, 150:20,
202:23

arriving [1] - 147:4

article [3] - 155:10,
220:15, 220:16
articles [2] - 11:24,
155:4
asserted [2] - 23:10,
176:16
assigned [3] 142:18, 142:23,
147:25
assistant [5] - 120:6,
120:7, 135:10,
169:18, 206:18
Assistant [3] - 2:5,
126:19, 181:8
associated [4] 34:17, 157:22, 174:5,
174:24
associates [1] 17:25
assume [2] - 136:14,
215:13
assuming [2] 63:18, 195:5
AT [6] - 20:17, 31:22,
66:7, 99:14, 177:22,
184:6
athletic [1] - 80:25
attached [4] - 68:10,
123:3, 143:11, 146:3
attaches [1] - 122:24
attachments [4] 122:25, 123:5, 123:8
attempt [1] - 86:17
attempted [1] 138:25
attend [3] - 115:8,
115:9, 171:21
attended [1] - 171:22
attention [1] - 184:7
attitude [1] - 14:20
attorney [25] - 8:13,
8:19, 13:12, 30:10,
30:20, 31:2, 32:3,
32:20, 71:1, 78:20,
86:9, 120:6, 120:8,
128:19, 187:11,
198:17, 201:5,
203:21, 203:25,
207:3, 207:6, 214:7,
214:9, 214:11, 220:12
Attorney [25] - 2:5,
2:9, 6:16, 118:6,
119:9, 119:22,
122:14, 123:2,
124:10, 124:14,
126:20, 130:13,
135:13, 137:1,
142:12, 142:15,
142:16, 142:19,
207:15, 207:21,
212:10, 219:4, 219:6,
219:7
226
Attorney's [8] 120:11, 120:15,
124:23, 128:12,
130:24, 135:9, 181:7,
206:15
attorneys [6] - 8:13,
11:9, 13:12, 17:4,
29:14, 207:5
audience [1] - 140:6
Audley [3] - 2:8,
8:20, 184:7
August [7] - 158:16,
158:25, 159:17,
164:11, 164:14,
164:15, 222:19
Austin [2] - 2:6,
161:21
authorities [1] 21:11
authority [2] - 16:8,
18:21
available [1] - 24:1
average [1] - 210:7
aware [22] - 25:19,
52:5, 53:5, 60:5,
70:15, 99:25, 112:14,
113:9, 113:11,
131:10, 138:7,
152:15, 153:2, 153:4,
183:19, 195:10,
200:4, 203:24,
204:16, 204:20,
204:21, 206:6
B
b) [1] - 190:12
background [5] 30:18, 32:1, 143:10,
182:15, 191:4
backside [1] 192:25
backtrack [1] - 161:4
bad [2] - 144:9,
173:6
bailiff [2] - 61:10,
221:17
BAILIFF [4] - 10:18,
61:13, 141:17, 141:23
bailiffs [2] - 11:16,
29:16
balance [1] - 149:2
ballot [5] - 40:17,
116:21, 210:12,
214:1, 214:3
ballots [1] - 21:15
base [1] - 36:10
based [5] - 21:9,
58:5, 149:16, 162:11,
215:10
basic [2] - 157:7,
162:7
basis [3] - 114:25,

115:2, 213:24
basis/weekly [1] 213:24
basketball [3] 197:14, 197:15,
197:19
baskets [1] - 197:17
batch [1] - 51:8
bathrooms [1] 80:14
bearing [3] - 23:5,
125:18, 199:13
became [4] - 201:20,
204:20, 204:21,
206:15
become [7] - 11:2,
19:3, 162:1, 180:10,
203:24, 204:16,
206:12
becomes [1] - 13:20
beds [1] - 80:12
began [3] - 19:2,
30:21, 206:12
begin [4] - 8:15,
78:11, 146:7, 152:13
beginning [4] - 19:9,
28:21, 147:12, 179:16
behavior [1] - 14:20
beige [3] - 74:16,
74:20, 74:25
belief [2] - 109:25,
213:11
believes [1] - 140:7
belong [3] - 159:12,
163:15, 164:17
belongings [1] 24:12
belongs [2] - 164:18,
164:19
below [3] - 155:21,
155:22, 197:7
Ben [7] - 6:13, 7:5,
149:21, 188:14,
194:13, 194:15,
194:18
Bench [4] - 10:14,
20:15, 20:19, 31:20
BENCH [6] - 20:17,
31:22, 66:7, 99:14,
177:22, 184:6
Benders [6] - 41:21,
76:12, 84:6, 84:11,
171:5
Bending [2] - 79:21,
163:17
benefit [4] - 25:4,
109:16, 133:4, 133:6
benefited [2] - 18:16,
18:19
Benjamin [14] 45:21, 51:10, 51:20,
60:21, 70:14, 72:11,
76:23, 79:25, 85:12,

145:4, 164:18,
164:22, 165:25,
167:23
Bennett [1] - 222:17
Berntsen [33] - 5:16,
6:22, 19:1, 40:18,
40:22, 45:14, 46:8,
57:16, 58:1, 58:3,
58:10, 68:24, 68:25,
76:19, 79:16, 81:4,
85:6, 145:3, 145:4,
160:4, 160:5, 165:24,
167:6, 180:6, 191:13,
193:22, 194:9, 195:6,
195:7, 196:20, 196:21
Berntsen's [1] - 6:8
beside [3] - 45:8,
46:17, 48:10
best [13] - 33:24,
75:3, 82:2, 97:9,
106:13, 107:3, 112:3,
114:9, 128:16, 129:3,
171:24, 176:4, 178:21
bestowed [1] - 180:1
better [8] - 13:16,
23:14, 23:15, 97:5,
136:8, 149:6, 161:6
between [8] - 24:11,
46:13, 49:14, 60:5,
75:8, 75:23, 149:24,
152:5
beyond [1] - 9:15
bicycles [1] - 80:25
big [4] - 26:17,
72:21, 171:19, 174:9
biggest [1] - 187:10
Bill [21] - 5:16, 6:8,
6:22, 18:25, 32:25,
40:18, 43:4, 44:11,
45:14, 46:8, 58:1,
76:19, 79:16, 81:3,
85:6, 180:6, 191:13,
193:22, 195:6, 195:7,
196:20
bill [9] - 38:19, 38:21,
44:12, 45:14, 57:16,
76:19, 101:23, 145:3,
202:12
billed [1] - 148:21
bills [1] - 180:11
bit [7] - 45:2, 82:25,
104:22, 118:5, 151:6,
154:22, 190:8
bits [1] - 188:7
blank [1] - 150:24
blanket [1] - 127:22
block [10] - 34:15,
34:25, 35:13, 40:24,
41:19, 42:8, 48:4,
148:1, 148:14
Block [1] - 84:19
blocks [2] - 34:19,
35:19
blurry [1] - 197:2
Board [21] - 5:5,
16:18, 17:25, 18:1,
18:3, 18:25, 19:3,
20:8, 21:4, 25:16,
36:19, 36:23, 37:2,
37:9, 39:13, 40:19,
41:9, 112:16, 142:24,
179:21, 180:9
board [11] - 19:4,
37:2, 64:13, 73:8,
111:17, 180:4,
181:19, 186:18,
187:1, 215:8, 220:5
boards [1] - 211:14
body [1] - 121:24
boil [1] - 17:14
bonds [4] - 38:25,
39:1, 39:12
book [1] - 56:19
booked [3] - 146:11,
151:5, 153:12
books [1] - 12:24
borders [2] - 33:21,
72:14
bottom [13] - 34:8,
48:5, 50:5, 74:14,
82:2, 82:17, 83:17,
84:13, 85:4, 156:5,
163:2, 195:9, 196:17
Boundaries [1] - 5:4
boundaries [8] 33:15, 41:6, 41:25,
73:24, 74:10, 115:16,
115:20
boundary [1] - 74:11
bounds [32] - 33:11,
34:11, 35:11, 36:14,
37:15, 39:7, 39:11,
41:11, 42:12, 45:10,
69:8, 75:14, 75:18,
75:20, 75:23, 75:24,
76:1, 76:3, 76:5, 76:9,
76:13, 76:18, 76:21,
77:1, 77:14, 115:12,
116:12, 116:16,
134:14, 178:18
Bowlin [13] - 142:1,
142:9, 142:12,
142:14, 145:17,
153:25, 154:8,
157:19, 160:17,
161:9, 165:3, 165:20,
166:14
BOWLIN [2] - 4:4,
142:5
Bowlin......... [1] 3:16
BOX [1] - 2:5
box [3] - 57:5, 57:7,
166:23
boxes [1] - 24:13

Boyd [7] - 51:12,

60:25, 72:9, 79:25,
85:15, 164:23, 167:23
boys [3] - 66:21,
81:5, 198:4
branch [1] - 33:5
break [13] - 61:8,
61:9, 96:7, 96:9,
96:16, 141:13,
169:24, 190:8, 199:5,
199:7, 199:8, 199:12,
221:15
BREAK [5] - 61:14,
96:18, 141:19, 170:1,
199:15
breaker [1] - 24:15
breakfast [4] 188:13, 188:20,
189:21, 190:24
breakfasts [1] 189:4
Brett [2] - 135:13,
181:7
bridge [1] - 216:17
Bridge [4] - 68:8,
75:25, 157:23, 158:19
brief [4] - 15:7,
42:18, 71:1, 117:19
briefly [3] - 42:17,
74:12, 78:4
bring [9] - 10:13,
10:17, 24:3, 24:4,
65:21, 96:16, 96:20,
141:22, 188:24
bringing [2] 195:11, 195:13
brother's [1] 194:14
brothers [9] - 51:19,
60:21, 61:3, 66:9,
70:15, 71:9, 91:12,
188:2, 194:13
brought [6] - 18:17,
179:11, 191:14,
198:20, 198:23, 209:5
Buck [3] - 33:1, 43:5,
44:9
buildings [2] - 115:9,
116:21
built [1] - 25:3
bullet [5] - 55:23,
106:10, 106:11,
106:21, 107:24
bulls [1] - 141:16
bunch [2] - 149:13,
149:22
burden [3] - 9:13,
10:10, 86:24
Business [2] - 5:10,
6:4
business [19] 18:12, 38:9, 49:11,
90:9, 90:17, 105:9,
227
105:11, 145:10,
153:18, 154:6,
154:16, 154:19,
155:23, 156:12,
172:13, 172:14,
192:19, 192:21, 202:5
businesses [6] 18:16, 18:18, 25:4,
35:16, 115:19
BY [82] - 30:5, 32:18,
33:20, 40:14, 42:23,
43:15, 47:10, 47:23,
49:1, 53:3, 53:13,
54:15, 60:20, 65:25,
67:16, 68:2, 70:6,
71:7, 72:8, 73:7,
73:23, 74:9, 75:8,
77:8, 79:8, 81:20,
84:5, 87:2, 87:10,
88:1, 88:8, 88:15,
89:16, 92:3, 94:3,
94:16, 97:3, 102:5,
102:25, 108:17,
117:22, 118:25,
119:7, 123:23, 124:8,
126:15, 128:8, 130:5,
132:15, 136:5,
137:16, 138:21,
139:10, 140:15,
141:2, 142:8, 145:16,
151:3, 151:18, 153:2,
155:1, 157:18, 161:9,
162:23, 165:20,
166:13, 168:9,
170:10, 173:12,
174:22, 175:8,
175:23, 179:6,
182:12, 184:3, 185:3,
190:5, 200:2, 202:9,
204:13, 206:10,
218:13
C
Calendar [1] - 7:9
calender [1] - 150:24
camera [5] - 191:12,
191:13, 191:14
campaign [1] 179:18
candidacy [3] 58:13, 69:15, 181:2
candidate [6] - 58:9,
59:3, 179:21, 211:2,
211:9, 211:14
candidates [12] 18:1, 19:3, 32:24,
43:7, 43:9, 44:13,
45:10, 45:15, 58:11,
112:23, 214:2, 215:4
candidates' [1] 46:17
cannot [4] - 11:4,
64:14, 208:9, 213:18

canoe [4] - 90:18,
90:19, 90:20, 90:22
canvass [2] - 186:19,
186:20
canvassed [1] - 23:8
capacity [1] - 114:5
card [13] - 88:2, 88:7,
88:16, 88:19, 88:21,
88:23, 89:8, 92:4,
148:22, 180:16,
183:4, 183:10, 198:12
care [1] - 37:12
careful [2] - 22:8,
138:16
Carol [1] - 113:18
carries [1] - 34:9
CASE [1] - 1:2
case [60] - 8:9, 8:19,
8:24, 9:10, 9:14, 10:5,
10:6, 10:9, 10:11,
10:24, 11:8, 11:12,
11:15, 11:18, 11:19,
11:20, 11:22, 12:1,
12:21, 12:22, 14:9,
14:21, 15:14, 16:1,
16:3, 21:21, 23:21,
25:18, 26:21, 26:22,
27:8, 27:17, 28:21,
29:14, 29:18, 29:19,
39:2, 62:25, 64:12,
72:13, 77:21, 78:20,
96:13, 109:2, 109:3,
112:20, 124:24,
133:14, 133:18,
142:23, 143:1, 143:5,
146:5, 150:11,
153:12, 177:5,
178:24, 190:7, 212:21
case-in-chief [1] 8:19
cases [2] - 31:4,
142:18
Cassandra [2] 222:4, 222:21
CASSANDRA [1] 222:22
cast [6] - 44:1, 44:7,
44:8, 44:20, 46:5,
119:11
CAUSE [1] - 1:2
caused [1] - 72:17
causes [1] - 25:1
caution [1] - 127:11
cautionary [1] 128:1
cell [1] - 12:12
center [1] - 187:17
Center [9] - 34:4,
34:21, 35:2, 74:18,
116:11, 116:15,
116:25, 117:1, 117:8
centers [4] - 116:5,
116:7, 116:9, 116:10

certain [12] - 16:3,
82:3, 100:22, 102:22,
108:23, 109:23,
111:1, 117:6, 117:7,
162:15, 207:25,
218:20
certainly [11] - 31:17,
38:5, 39:19, 54:2,
63:7, 102:17, 111:5,
111:20, 113:6, 139:9,
139:23
CERTIFICATE [1] 222:1
certificate [1] 162:10
Certificate...............
... [1] - 3:21
certifications [2] 162:5, 162:12
certified [19] - 23:9,
33:14, 40:9, 42:16,
43:16, 54:11, 64:7,
65:4, 67:7, 81:16,
154:19, 157:11,
158:15, 158:16,
162:1, 164:9, 165:18,
166:5, 186:17
certify [3] - 222:6,
222:12, 222:15
certifying [1] - 21:15
chair [4] - 13:7,
26:15, 201:21, 202:5
challenger [1] 44:13
challengers [1] 46:9
challenging [1] 53:7
chambers [1] 222:11
chance [6] - 15:6,
47:16, 54:4, 65:25,
101:18, 221:1
change [23] - 27:15,
95:9, 95:15, 117:10,
117:13, 155:5,
155:11, 156:25,
158:11, 162:15,
168:15, 169:5, 169:6,
179:16, 180:16,
183:24, 184:1,
185:12, 202:18,
202:25, 203:1, 217:17
Change [1] - 5:12
changed [8] - 19:5,
87:17, 95:6, 95:10,
95:16, 98:25, 117:14,
169:1
changes [4] - 54:8,
157:9, 160:21
changing [1] - 64:16
characterize [1] -
128:8
charge [11] - 14:6,
14:8, 15:25, 49:16,
49:18, 50:19, 51:5,
51:14, 177:25,
205:22, 205:24
charged [8] - 16:11,
137:8, 148:22,
176:24, 178:3, 178:7,
219:15, 219:20
charges [1] - 149:3
cheat [1] - 24:6
cheated [1] - 26:3
check [2] - 116:24,
153:10
checked [6] - 82:9,
93:15, 151:24, 152:4,
153:9
chief [2] - 8:19,
82:12
child [3] - 104:2,
104:8, 104:9
children [1] - 103:23
chips [1] - 206:7
choice [6] - 110:15,
110:16, 110:17,
110:18, 110:19,
110:21
choose [4] - 12:3,
26:19, 26:23, 110:14
chooses [1] - 26:20
choosing [1] - 28:5
chose [3] - 24:2,
24:5, 203:19
chosen [2] - 19:10,
19:11
Chronicle [1] 195:16
Circle [8] - 55:7,
76:4, 78:1, 89:19,
92:23, 155:19,
155:25, 156:18
circumstance [2] 129:3, 137:4
cities [3] - 37:11,
37:14, 38:5
citizen [8] - 26:16,
106:12, 106:16,
124:11, 210:7,
211:10, 211:12,
211:13
citizens [1] - 128:11
city [3] - 37:16,
37:17, 38:3
civil [23] - 31:2, 31:3,
31:17, 32:20, 78:11,
85:18, 86:7, 86:10,
87:16, 96:3, 96:4,
96:5, 102:7, 147:15,
152:12, 188:12,
190:7, 200:4, 200:5,
201:4, 206:11,
215:19, 215:24

Civil [1] - 6:14

claim [1] - 82:11
clarification [1] 42:18
clarify [2] - 42:23,
146:24
clarifying [1] - 136:8
clarity [2] - 111:16,
135:21
Class [1] - 82:19
classic [1] - 38:8
cleaning [1] - 94:3
clear [7] - 9:13,
111:15, 117:9,
135:23, 139:9,
139:10, 169:3
clearcut [1] - 216:16
cleared [1] - 20:1
clearly [6] - 11:4,
47:3, 75:20, 76:13,
76:18, 77:1
client [10] - 31:9,
31:13, 52:20, 62:6,
77:22, 91:19, 124:12,
124:14, 184:8, 192:8
client's [4] - 62:9,
62:23, 63:12, 65:7
clients [2] - 31:15,
43:4
clients' [1] - 32:25
close [10] - 19:9,
22:8, 26:5, 28:18,
28:24, 29:4, 35:24,
89:21, 180:12, 208:6
closet [2] - 197:21,
197:24
closets [1] - 80:17
closing [1] - 105:9
clothes [6] - 188:19,
188:24, 197:21,
197:23, 198:3, 217:17
clothing [4] - 80:16,
80:17, 90:9, 94:19
co [3] - 66:15,
176:13, 177:2
co-conspirators [2] 66:15, 176:13
co-defendants [1] 177:2
code [28] - 25:25,
109:18, 109:24,
110:3, 110:5, 110:8,
110:10, 119:17,
121:9, 121:11,
121:12, 121:13,
121:14, 130:17,
134:20, 137:25,
138:2, 138:8, 138:10,
140:7, 140:17,
161:16, 161:18,
162:25, 207:14,
207:20
Code [4] - 13:18,
228
13:19, 82:20, 161:17
Code's [1] - 109:6
codes [1] - 162:4
coffee [1] - 74:16
coffee-with-cream
[1] - 74:16
collectively [1] 189:24
College [2] - 35:20,
35:24
color [5] - 34:11,
62:16, 63:16, 74:16,
74:25
Colquitt [1] - 2:10
column [1] - 46:15
combination [2] 44:16, 44:19
combined [1] - 46:13
comfortable [2] 120:1, 185:8
coming [7] - 61:7,
74:18, 142:16,
174:12, 182:15,
188:9, 191:1
comments [2] 176:25, 182:13
commercial [16] 18:12, 18:13, 18:16,
25:4, 27:20, 31:4,
33:10, 34:21, 35:2,
35:16, 35:21, 36:1,
36:3, 36:13, 39:10,
74:23
commit [1] - 101:16
committed [1] 101:13
common [1] - 69:7
communicate [1] 12:15
communication [1] 184:12
community [3] 115:5, 115:6, 170:23
Company [1] 116:17
compelled [3] 152:25, 208:24,
219:12
compilation [1] 14:8
complaints [1] 174:6
complete [3] 122:18, 152:23, 173:3
completed [4] 15:14, 20:10, 23:10,
106:22
completely [2] 21:14, 182:7
compliance [1] 187:18
comply [1] - 134:14
Complying) [1] -
95:13
composed [1] - 33:8
comprehensive [2] 130:16, 137:21
Computer [1] - 1:25
Computer-Aided [1]
- 1:25
concern [3] - 104:16,
104:18, 181:14
concerned [5] 101:1, 206:15,
210:10, 220:24,
220:25
concerning [1] 135:18
concerns [1] - 122:4
concluded [1] - 40:4
conclusion [3] 11:19, 28:3, 87:23
conclusions [3] 8:23, 20:22, 32:4
concocted [2] - 18:2,
18:22
concurrent [1] 150:11
condition [1] 175:20
confer [1] - 94:1
confident [3] - 211:5,
211:11, 213:25
confines [2] - 27:24,
119:19
confusing [3] 134:21, 134:22,
134:24
Congress [1] - 18:8
connected [1] 178:22
Conroe [17] - 1:22,
34:1, 60:25, 68:22,
68:23, 72:9, 74:19,
76:25, 80:1, 83:22,
85:15, 114:7, 163:17,
164:5, 164:23,
167:24, 222:25
consciously [2] 217:21, 217:22
consensus [2] 185:11, 213:21
consequently [1] 213:1
consider [5] - 13:5,
14:19, 127:16,
204:11, 210:2
considerable [2] 149:18, 203:3
considered [1] 100:23
considering [2] 14:18, 101:7
consist [1] - 13:5
consistent [1] 102:12
consisting [1] 124:21

conspiracy [7] 62:11, 64:10, 64:12,
64:21, 99:18, 177:4,
177:10
conspirators [2] 66:15, 176:13
conspired [1] - 64:9
constitute [1] - 91:24
consume [1] - 38:18
contact [3] - 11:14,
198:17
contacted [1] 215:11
contain [2] - 94:17,
130:20
contains [2] - 140:7,
222:7
contents [4] - 80:22,
157:7, 163:24, 181:9
contest [13] - 8:24,
9:3, 9:15, 10:8, 10:9,
20:19, 20:23, 31:24,
32:3, 147:14, 150:12,
200:19, 218:23
contested [5] 39:16, 39:18, 39:22,
40:4, 40:5
context [2] - 94:7,
139:11
continue [2] 106:19, 113:3
CONTINUED [2] 6:1, 7:1
continued [1] - 147:8
continues [1] 106:25
continuing [1] 87:16
CONTINUING [2] 72:7, 200:1
continuous [1] 153:13
continuously [1] 203:8
contrary [1] - 153:3
control [4] - 18:3,
28:1, 134:12, 134:13
controls [1] - 99:10
conversation [2] 201:13, 214:8
conversations [2] 135:8, 135:12
convicted [2] 106:22, 107:5
conviction [2] 55:18, 106:6
convince [2] - 101:9,
101:19
convinced [1] 133:19
convincing [1] - 9:14
Cook [22] - 5:21, 7:4,

45:12, 60:4, 60:5,
60:8, 70:8, 70:9, 76:6,
79:23, 81:4, 83:14,
83:17, 145:1, 145:2,
146:21, 146:25,
163:25, 164:4, 196:23
Cook's [1] - 6:12
cooperate [1] 205:16
copies [4] - 150:24,
157:11, 165:18
copy [13] - 33:14,
70:6, 73:18, 82:2,
122:24, 123:5,
137:17, 145:13,
167:4, 189:18, 194:4,
194:19, 212:11
corner [2] - 196:9,
196:11
corners [1] - 119:20
correct [125] - 9:7,
9:8, 36:2, 36:4, 37:11,
37:14, 51:25, 57:6,
59:2, 59:4, 59:12,
59:22, 60:9, 60:23,
60:24, 61:1, 61:2,
70:13, 82:6, 82:10,
82:15, 82:20, 82:21,
82:24, 83:23, 85:7,
85:8, 85:13, 85:14,
85:16, 94:12, 95:4,
97:5, 97:6, 97:8, 98:9,
98:11, 102:7, 103:4,
103:11, 105:3,
107:13, 107:17,
107:21, 108:9,
109:25, 110:7,
110:17, 111:19,
111:22, 111:23,
112:1, 113:16,
113:17, 114:13,
114:18, 114:22,
116:22, 121:14,
121:15, 129:21,
131:21, 135:3, 135:5,
146:13, 146:16,
146:23, 147:1,
147:20, 147:21,
148:11, 148:24,
149:5, 151:23, 152:5,
156:13, 159:10,
159:22, 160:18,
164:13, 176:2,
179:22, 180:22,
183:8, 185:16,
186:14, 186:15,
190:15, 190:16,
190:19, 191:21,
191:22, 198:12,
198:13, 199:22,
202:13, 202:14,
202:15, 202:19,

203:18, 205:11,
206:13, 206:21,
207:19, 208:6,
209:25, 210:1, 211:3,
211:4, 211:16,
211:17, 211:19,
214:2, 214:3, 214:6,
215:17, 215:23,
216:2, 216:8, 216:24,
219:16, 219:18,
220:3, 221:3, 222:7
correction [1] 171:25
correctly [4] - 90:23,
132:18, 179:20,
222:13
correspond [1] 74:11
corridor [2] - 35:10,
35:17
cost [3] - 38:20,
200:7, 222:15
couch [1] - 52:25
counsel [28] - 17:11,
42:17, 122:5, 122:8,
122:13, 122:21,
123:9, 123:12,
123:14, 124:10,
132:2, 133:18,
136:13, 136:15,
139:18, 157:14,
189:17, 206:23,
207:1, 208:3, 208:7,
210:18, 210:19,
212:3, 212:6, 214:6,
222:8
count [3] - 147:23,
148:9, 149:10
counted [3] - 23:11,
24:9, 149:17
counting [3] - 21:15,
148:11, 149:16
country [1] - 26:17
COUNTY [2] - 1:5,
222:3
county [11] - 37:24,
76:17, 106:12,
109:20, 117:3, 117:5,
165:12, 170:15,
170:24, 181:17
County [29] - 1:22,
6:16, 16:9, 16:12,
16:15, 30:22, 36:17,
36:21, 54:5, 54:12,
72:21, 81:9, 81:16,
85:19, 97:8, 105:22,
106:14, 118:6, 119:9,
124:23, 126:20,
172:14, 181:6,
209:17, 211:6, 211:8,
219:10, 222:5, 222:24
couple [5] - 34:19,
53:13, 119:5, 130:12,
229
176:11
Courier [2] - 114:7,
114:8
course [9] - 14:10,
47:14, 57:18, 122:24,
129:3, 143:8, 161:23,
161:24, 186:24
Court [39] - 3:20,
8:20, 8:22, 9:3, 9:17,
14:3, 16:12, 17:11,
26:11, 29:25, 40:25,
41:20, 57:24, 59:5,
59:8, 62:10, 68:8,
69:2, 70:25, 75:25,
76:20, 79:16, 85:7,
93:19, 99:8, 100:23,
110:23, 157:23,
158:19, 160:6,
163:10, 167:7, 171:3,
199:18, 221:17,
222:4, 222:5, 222:23,
222:23
court [20] - 9:2, 9:14,
9:16, 10:6, 11:3,
16:13, 20:23, 30:12,
53:11, 99:6, 107:9,
109:5, 111:3, 170:19,
171:7, 187:2, 187:4,
197:19, 203:21,
222:11
COURT [245] - 1:2,
1:4, 8:1, 8:3, 8:6, 8:9,
8:11, 8:17, 9:7, 9:19,
9:22, 10:3, 10:9,
10:17, 10:20, 10:22,
11:1, 16:23, 17:1,
17:7, 20:16, 21:2,
21:8, 21:20, 22:3,
22:6, 22:18, 22:23,
23:1, 23:4, 26:9,
26:13, 27:4, 28:12,
28:17, 29:6, 29:9,
29:22, 31:21, 31:25,
32:6, 32:11, 32:14,
32:17, 32:23, 33:18,
40:13, 42:22, 43:13,
47:9, 47:22, 48:18,
48:25, 52:8, 52:15,
52:23, 53:12, 54:14,
60:18, 61:8, 61:15,
61:17, 61:20, 61:24,
62:2, 63:4, 63:10,
63:13, 63:23, 63:25,
65:2, 65:9, 65:21,
65:24, 66:4, 66:10,
66:13, 66:17, 66:19,
66:23, 66:25, 67:3,
67:5, 67:10, 67:15,
67:18, 67:22, 70:23,
71:23, 72:1, 72:5,
73:3, 73:13, 73:20,
73:22, 74:2, 74:5,
75:7, 79:7, 81:19,
84:2, 84:4, 86:14,

86:16, 86:22, 87:1,
87:6, 87:22, 88:6,
88:11, 89:13, 91:21,
91:23, 93:18, 93:21,
94:2, 94:15, 96:7,
96:19, 96:22, 99:3,
99:5, 99:15, 99:19,
99:23, 100:6, 100:15,
100:21, 101:7,
101:18, 101:21,
101:24, 102:2, 102:4,
102:20, 108:14,
117:18, 117:20,
118:17, 118:23,
123:17, 123:20,
124:20, 124:25,
125:5, 125:9, 125:13,
125:17, 125:20,
126:1, 126:4, 126:7,
126:11, 128:5, 128:7,
130:3, 132:9, 132:12,
136:3, 137:14,
138:14, 139:8,
139:15, 139:20,
139:23, 140:14,
141:10, 141:12,
141:18, 141:20,
141:22, 141:25,
142:2, 142:4, 145:15,
151:8, 151:12,
151:17, 152:17,
152:21, 152:23,
154:23, 154:25,
157:17, 161:3, 161:5,
161:8, 162:22,
166:11, 168:7,
169:14, 169:16,
169:20, 170:2, 170:4,
170:6, 173:3, 173:8,
173:11, 174:9,
174:12, 174:15,
174:20, 175:7,
175:13, 175:15,
175:19, 176:9,
176:18, 177:3, 177:6,
177:16, 177:20,
177:23, 178:3,
178:12, 178:22,
179:2, 179:5, 182:9,
183:23, 184:4, 184:7,
184:11, 184:15,
184:19, 184:25,
185:2, 189:24, 190:4,
199:6, 199:9, 199:11,
199:16, 199:23,
199:25, 202:8, 204:3,
204:6, 204:9, 218:12,
221:6, 221:9, 221:12,
221:20
Court's [8] - 3:6, 3:8,
3:19, 9:1, 13:4, 21:13,
67:11, 96:11
courthouse [1] -
12:25
COURTROOM [6] 23:3, 32:16, 67:4,
102:3, 179:4, 185:1
courtroom [5] 12:23, 29:13, 45:25,
111:1
courts [1] - 27:25
Cove [1] - 159:9
cover [4] - 23:14,
33:7, 73:17, 193:1
covered [5] - 63:7,
63:8, 63:9, 74:13,
75:9
covering [1] - 144:15
Crawford [1] - 163:8
cream [1] - 74:16
create [1] - 72:14
created [3] - 27:25,
33:5, 158:13
creating [1] - 18:10
credibility [3] 14:16, 15:1, 140:1
credible [1] - 25:10
credit [2] - 149:8,
150:2
Creek [1] - 35:2
crime [8] - 19:18,
55:18, 101:13,
101:16, 106:6, 108:4
Criminal [2] - 13:18,
161:17
criminal [15] - 10:11,
25:20, 64:11, 107:6,
121:18, 128:18,
130:14, 133:7, 162:3,
203:24, 204:1,
204:19, 205:24,
219:1, 219:13
CROSS [5] - 4:2,
97:2, 130:4, 168:8,
206:9
Cross [1] - 3:13
cross [9] - 15:11,
15:21, 96:24, 102:5,
102:7, 102:8, 104:22,
138:18, 139:19
cross-examination
[1] - 96:24
CROSSEXAMINATION [4] 97:2, 130:4, 168:8,
206:9
cross-examine [3] 15:11, 15:21, 102:8
cross-examined [2]
- 102:7, 104:22
cross-examiner [1] 138:18
cross-examining [1]
- 102:5
crossed [1] - 25:18
crosses [1] - 35:7
CSR [1] - 222:22

curious [1] - 194:21
current [4] - 127:12,
127:19, 144:13, 157:9
Curry [34] - 5:15,
6:21, 45:22, 50:8,
50:16, 50:25, 51:3,
52:3, 53:13, 57:9,
68:20, 76:15, 79:14,
81:3, 84:16, 145:3,
146:12, 149:13,
159:13, 159:25,
165:23, 166:23,
188:17, 191:12,
193:10, 193:23,
194:5, 195:17,
196:13, 196:14,
196:19, 197:6
Curry's [3] - 6:7,
56:25, 159:14
custodian [1] - 48:1
customary [1] 13:10
Cut [1] - 76:25
cut [5] - 24:15,
201:6, 201:7, 213:10,
214:4
D
DA [1] - 25:21
DA's [1] - 25:21
Dabney [1] - 164:19
daily [3] - 114:25,
115:2, 213:24
danger [2] - 65:16,
181:12
Dara [4] - 3:16,
142:1, 142:11, 142:12
DARA [1] - 142:5
DARA........ [1] - 4:4
dark [3] - 34:1, 34:8,
35:5
darker [1] - 34:11
data [2] - 65:1, 157:8
date [57] - 43:18,
44:17, 50:16, 50:17,
51:22, 51:23, 52:6,
53:6, 56:5, 56:21,
57:11, 59:19, 59:25,
62:9, 78:8, 87:15,
88:8, 88:15, 88:17,
88:20, 92:11, 92:14,
92:19, 94:11, 94:21,
95:25, 96:2, 106:23,
144:13, 146:7, 147:4,
147:6, 147:17,
147:20, 150:20,
150:21, 152:9,
152:10, 153:7,
153:15, 153:17,
156:6, 156:19, 157:2,

158:13, 158:17,
159:16, 164:12,
168:22, 168:25,
169:6, 179:18,
195:20, 216:23
Date [1] - 222:22
dated [3] - 48:16,
57:4, 156:19
dates [3] - 144:15,
147:19, 152:5
Davenport [3] - 33:1,
43:5, 44:9
David [1] - 2:4
days [29] - 19:23,
19:24, 52:2, 55:19,
106:7, 108:17,
108:20, 108:25,
109:7, 109:8, 109:15,
109:21, 113:15,
131:19, 147:23,
147:25, 148:9,
148:10, 148:11,
148:13, 148:20,
152:12, 162:19,
162:24, 168:18,
168:19, 168:23,
180:24, 219:24
deal [2] - 63:25, 64:2
dealing [1] - 175:17
dealings [1] - 31:7
decade [1] - 112:6
decide [2] - 113:3,
139:24
decided [6] - 23:20,
190:17, 208:10,
208:14, 209:23, 216:4
decides [2] - 134:10,
134:11
decision [7] - 21:9,
27:11, 127:14,
137:24, 208:12,
208:16, 215:25
decisions [2] 21:10, 21:13
declare [1] - 113:23
declared [5] - 19:13,
113:21, 113:25,
119:3, 168:20
declaring [1] - 92:15
Deed [9] - 5:13, 5:14,
5:15, 5:16, 5:17, 5:18,
5:20, 5:21, 5:22
deed [22] - 62:5,
64:8, 65:4, 65:5, 65:7,
66:1, 66:8, 66:14,
66:16, 67:7, 67:25,
68:3, 68:9, 68:16,
68:20, 68:25, 69:1,
69:4, 69:8, 69:12,
70:20, 75:3
deeds [2] - 61:23,
67:17
defendant [22] -
230
8:12, 15:5, 15:18,
16:6, 16:13, 16:16,
16:17, 19:20, 23:10,
25:13, 26:1, 26:6,
45:25, 53:19, 65:12,
80:3, 92:3, 92:22,
139:25, 146:4,
171:10, 181:25
DEFENDANT [4] 1:7, 2:8, 8:1, 16:25
defendant's [2] 100:5, 171:14
Defendant's [2] 3:6, 3:18
defendants [2] 20:11, 177:2
DEFENSE [1] - 8:1
defense [7] - 100:9,
100:22, 100:23,
101:2, 101:14,
139:18, 157:14
Defense [9] - 8:14,
15:11, 15:16, 15:20,
21:24, 27:12, 28:16,
199:17, 199:21
define [1] - 131:11
defined [3] - 138:1,
138:7, 138:10
definition [4] 110:24, 138:24,
139:1, 140:16
definitions [4] 134:16, 134:19,
135:23, 138:22
degree [2] - 15:1,
31:11
deliberate [2] 11:19, 16:1
deliberation [3] 12:14, 12:16, 12:17
deliberations [2] 14:9, 204:12
demonstration [1] 72:19
demonstrative [1] 151:4
denied [1] - 204:9
denotes [1] - 7:25
departing [2] 147:6, 202:23
Department [11] 7:7, 54:5, 95:24,
154:1, 157:4, 158:18,
163:3, 165:8, 165:15,
165:18, 166:6
departure [5] 49:13, 50:17, 51:4,
51:13, 150:20
depict [3] - 77:8,
78:23, 94:10
Deputy [2] - 222:4,
222:23
described [1] - 84:18
DESCRIPTION [3] 5:3, 6:3, 7:3

description [1] 84:7
descriptions [1] 10:5
deserves [1] - 15:2
design [3] - 18:13,
36:5, 36:6
designated [1] 74:15
designation [3] 68:11, 68:13, 68:17
desire [4] - 179:12,
180:3, 205:10, 205:11
desired [1] - 140:20
desk [3] - 189:11,
189:12, 193:17
despite [2] - 23:25,
25:2
detail [3] - 84:6,
100:3, 200:12
detailed [1] - 114:24
determination [2] 132:3, 139:24
determine [3] 14:14, 14:15, 25:10
determined [3] 107:8, 220:19, 220:20
determining [2] 71:2, 130:21
Development [1] 116:17
diagram [1] - 33:25
dicey [1] - 208:3
dictionaries [1] 12:24
different [29] - 9:13,
10:10, 13:16, 14:2,
37:13, 38:18, 57:18,
59:11, 78:19, 86:24,
91:9, 91:13, 93:8,
97:23, 101:6, 134:16,
134:17, 134:18,
134:19, 148:13,
148:25, 153:11,
155:4, 164:12,
166:15, 173:7, 217:23
difficult [2] - 45:16,
118:3
digest [1] - 212:12
dignity [1] - 16:21
DIRE [2] - 4:2, 71:6
Dire [1] - 3:13
dire [5] - 26:2, 26:25,
70:22, 70:24, 71:3
DIRECT [7] - 4:2,
30:4, 72:7, 126:14,
142:7, 170:9, 200:1
Direct [1] - 3:13
direct [3] - 120:17,
138:18, 199:25
directing [1] - 25:25
direction [1] - 44:22

directly [2] - 204:14,
204:15
Director [1] - 42:4
director [7] - 43:1,
43:16, 44:11, 57:19,
57:23, 59:3, 113:3
directors [14] - 37:2,
37:4, 37:6, 41:8,
42:25, 43:6, 44:6,
47:15, 58:8, 77:22,
111:24, 112:10,
112:19, 220:10
Directors [9] - 18:1,
18:25, 19:4, 36:23,
37:2, 40:19, 41:10,
179:21, 180:9
Directors' [4] 16:18, 36:20, 39:13,
142:24
directors' [2] - 58:9,
59:7
directorship [1] 111:22
Dirk [1] - 98:18
disagree [6] - 22:6,
108:12, 108:13,
132:14, 133:11,
133:12
discharged [1] 11:21
discourage [3] 129:22, 131:4, 134:7
discovered [2] 198:16, 214:25
discuss [10] - 11:7,
11:17, 11:20, 11:25,
29:1, 29:13, 55:9,
169:20, 177:20, 179:6
discussed [5] 55:10, 72:16, 150:2,
176:6, 199:17
discussing [3] 11:12, 83:11, 84:12
discussions [3] 129:11, 181:16,
208:17
display [1] - 80:21
dispute [1] - 19:21
disregard [3] 204:5, 204:6, 204:10
distinct [1] - 133:10
distinction [1] 180:1
district [19] - 18:12,
25:22, 27:20, 75:24,
76:1, 115:20, 116:12,
120:6, 120:7, 179:17,
192:21, 209:1,
209:10, 210:14,
210:20, 215:4, 215:5,
215:6, 217:6
DISTRICT [2] - 1:4,
1:7
District [110] - 5:24,
6:16, 9:3, 16:11,
16:18, 17:20, 17:23,
18:1, 18:4, 18:5, 18:7,
18:14, 25:9, 25:17,
31:11, 31:13, 31:16,
32:19, 32:25, 33:3,
33:4, 33:11, 33:15,
33:23, 34:12, 34:22,
35:3, 35:11, 35:15,
36:1, 36:8, 36:13,
36:15, 36:24, 37:1,
37:22, 38:13, 38:17,
39:2, 39:7, 39:11,
39:20, 40:10, 40:17,
40:20, 41:5, 41:7,
41:9, 41:10, 41:11,
41:15, 42:1, 42:5,
42:13, 42:14, 42:17,
46:13, 53:5, 64:13,
72:15, 72:20, 74:10,
74:15, 74:17, 74:19,
75:1, 75:15, 75:21,
76:5, 76:10, 76:14,
76:18, 76:22, 77:2,
77:14, 81:9, 81:16,
85:19, 115:16, 116:2,
118:6, 119:9, 120:11,
120:14, 124:23,
126:20, 126:22,
127:7, 128:12,
128:15, 128:23,
130:24, 135:9,
135:13, 158:1,
171:17, 172:16,
172:21, 177:12,
178:9, 179:7, 179:22,
180:13, 181:6,
206:15, 209:8, 219:4,
219:6, 222:5, 222:23
districts [3] - 37:13,
38:7, 38:22
Districts [2] - 38:12,
38:14
Division [1] - 135:11
DMV [1] - 154:1
document [22] 19:18, 47:23, 49:22,
49:24, 51:8, 54:20,
56:3, 56:6, 56:7,
68:10, 68:11, 69:23,
70:7, 82:22, 86:2,
151:9, 151:11,
156:23, 163:24,
192:10, 194:20,
194:23
documents [17] 13:8, 48:6, 98:8,
144:13, 145:16,
145:22, 149:12,
150:6, 150:17,
150:18, 155:1, 155:9,

159:3, 164:9, 164:16,

192:9, 218:1
dog [2] - 25:11,
27:21
domain [1] - 140:2
domicile [1] - 138:11
donate [1] - 200:10
donated [1] - 200:9
done [12] - 16:3,
28:21, 63:1, 78:5,
93:20, 95:21, 100:25,
150:23, 169:6, 182:5,
199:20, 205:12
Donecker [1] 163:15
door [2] - 139:20,
180:12
dot [3] - 35:14,
77:11, 77:13
doubt [1] - 9:15
down [28] - 17:14,
25:17, 28:10, 31:23,
40:24, 55:13, 74:1,
82:1, 84:9, 101:3,
105:9, 110:11, 127:8,
149:9, 171:7, 174:13,
180:12, 180:13,
181:18, 183:4,
184:22, 190:8, 192:4,
194:8, 195:7, 214:1,
216:14, 216:19
downsize [2] - 93:15,
103:18
downsizing [2] 104:1, 104:21
downtown [1] - 34:5
Doyle [32] - 5:20,
6:25, 45:13, 60:5,
69:20, 79:21, 81:4,
81:24, 144:24,
163:15, 163:16,
165:24, 166:1, 166:3,
167:18, 173:18,
174:2, 174:4, 174:22,
174:24, 175:2, 175:3,
175:4, 175:8, 176:4,
176:23, 191:19,
191:20, 193:5, 196:23
Doyle's [5] - 6:11,
59:20, 69:22, 75:12,
81:23
DPS [11] - 6:19, 6:20,
6:21, 6:22, 6:23, 6:24,
6:25, 7:4, 7:5, 7:6,
157:11
drafted [1] - 144:12
draw [1] - 14:23
drawn [2] - 22:5,
22:7
Drive [27] - 19:6,
35:10, 35:12, 35:20,
35:24, 44:24, 47:13,
48:2, 55:3, 56:15,
231
57:18, 58:5, 58:19,
58:21, 59:14, 60:9,
70:12, 74:21, 74:22,
77:13, 77:14, 95:17,
97:15, 117:15,
143:23, 159:1, 168:1
drive [3] - 36:12,
115:21, 115:23
driven [1] - 33:22
driver's [16] - 95:7,
95:9, 95:10, 95:15,
95:17, 95:22, 117:10,
157:8, 157:22,
160:18, 161:11,
161:19, 162:14,
163:4, 164:20
driveway [1] - 90:19
driving [1] - 163:7
drop [1] - 23:16
drove [1] - 18:15
dry [2] - 213:10,
214:4
duly [5] - 16:10,
30:3, 126:13, 142:6,
170:8
duplicate [1] - 73:8
durational [3] 131:9, 131:11, 131:16
during [11] - 11:8,
12:9, 13:1, 13:9,
14:10, 15:13, 21:22,
149:14, 199:16,
203:6, 203:12
duties [1] - 128:11
duty [2] - 11:13, 25:7
E
Early [1] - 5:7
early [16] - 14:3,
43:20, 43:24, 43:25,
44:1, 44:4, 44:5,
44:14, 44:18, 46:5,
46:13, 46:17, 95:22,
98:12, 116:24, 117:7
earnest [1] - 152:13
easier [1] - 74:3
east [3] - 76:17,
76:25
east/west [1] - 35:10
eastside [1] - 75:13
edge [3] - 34:8,
34:14, 35:19
Edward [1] - 44:9
effect [5] - 15:15,
85:20, 104:25,
108:21, 140:20
effective [1] - 140:8
efficiency [1] - 79:4
effort [1] - 202:4
eight [3] - 45:21,
190:6, 190:17
either [12] - 28:21,

30:17, 61:4, 66:15,
90:17, 94:24, 94:25,
101:17, 111:25,
119:23, 159:24,
188:18
elect [2] - 18:2, 25:15
elected [6] - 37:3,
37:4, 37:5, 112:16,
180:8, 180:10
Election [6] - 5:5,
5:6, 5:8, 36:20, 109:6,
142:24
election [194] - 8:24,
8:25, 9:3, 9:15, 10:7,
16:16, 16:19, 17:22,
17:23, 17:24, 19:22,
19:25, 20:1, 20:7,
20:19, 21:15, 21:19,
21:23, 23:7, 25:14,
25:15, 25:25, 27:1,
27:11, 27:14, 31:18,
31:24, 32:3, 32:24,
36:19, 37:3, 37:6,
37:8, 39:14, 39:16,
39:18, 39:20, 39:22,
39:24, 40:3, 40:4,
40:5, 40:6, 41:15,
43:16, 43:17, 43:21,
43:25, 44:18, 46:5,
46:14, 46:16, 46:19,
48:9, 48:20, 49:13,
49:14, 50:18, 50:19,
51:2, 51:11, 51:13,
51:24, 52:2, 52:4,
53:5, 54:11, 58:9,
62:7, 64:10, 64:18,
78:10, 78:14, 78:16,
85:19, 86:5, 86:6,
91:1, 94:23, 98:10,
98:22, 98:23, 104:2,
108:20, 108:25,
109:15, 109:18,
109:22, 109:24,
110:2, 110:5, 110:8,
110:10, 111:11,
112:9, 112:12,
112:15, 112:17,
112:24, 113:4, 113:6,
113:10, 113:11,
113:15, 113:21,
113:23, 116:23,
117:14, 119:16,
120:11, 120:12,
121:7, 121:9, 121:11,
121:13, 121:14,
127:15, 130:17,
131:20, 133:20,
133:25, 134:3, 137:8,
137:25, 140:7,
140:16, 142:21,
147:14, 147:16,
147:17, 150:12,
152:10, 155:14,
156:21, 156:22,
157:5, 172:8, 174:1,
180:25, 183:16,
183:20, 185:14,
186:12, 186:14,
195:22, 196:3, 196:4,
197:10, 197:11,
198:25, 199:1,
200:19, 201:1, 201:4,
202:11, 205:22,
205:24, 206:13,
207:14, 207:20,
208:8, 209:2, 209:11,
209:14, 210:8,
210:12, 210:23,
210:25, 211:22,
212:6, 213:23,
214:18, 215:7,
215:11, 216:23,
217:6, 217:16,
218:23, 219:23,
219:25, 220:7,
220:12, 220:21
Elections [2] - 54:5,
54:12
elections [5] - 131:5,
173:25, 186:22,
209:8, 215:3
elects [1] - 64:3
elements [1] 178:23
elevator [1] - 11:10
eligibility [3] - 138:1,
138:4, 138:22
eligible [3] - 16:17,
121:20, 131:3
ELMO [1] - 137:13
elsewhere [2] 138:2, 138:7
embarrassment [1] 30:16
emotional [1] - 52:13
empaneled [1] 16:10
empty [1] - 197:24
enacted [1] - 13:20
encountered [1] 197:1
encourage [3] 102:11, 118:8, 136:15
encouraged [6] 103:2, 117:24,
119:12, 122:5,
123:11, 129:8
encouragement [1] 127:22
encourages [1] 133:22
encouraging [1] 127:23
encyclopedias [1] 12:24
end [15] - 11:21,

14:5, 25:12, 28:2,
28:7, 34:16, 52:3,
82:13, 87:7, 87:24,
101:25, 125:17,
148:23, 162:9, 215:8
ended [2] - 49:19,
175:15
ends [1] - 23:22
engage [2] - 24:2,
27:14
engaged [4] - 27:23,
104:5, 209:24, 210:3
engaging [1] - 28:4
enhancing [1] 27:20
enlargement [3] 73:12, 73:18, 74:1
entered [2] - 17:1,
126:25
entire [2] - 36:16,
97:7
entirely [1] - 18:13
entirety [1] - 106:3
entitled [3] - 1:20,
155:21, 178:12
entity [4] - 18:8,
26:20, 37:18, 37:21
entity's [1] - 155:21
equipment [1] 80:25
escort [1] - 61:11
especially [1] 130:23
essential [1] - 81:23
essentially [1] 28:25
establish [3] 131:13, 213:12,
217:19
established [3] 18:8, 27:19, 217:25
estate [4] - 31:4,
31:6, 62:5, 66:14
Estate [2] - 84:7,
84:11
Estates [2] - 41:21,
171:5
Eugene [1] - 44:10
evading [2] - 139:16,
140:11
evaluate [1] - 14:15
even-numbered [1] 37:4
evening [6] - 169:21,
171:20, 185:13,
197:17, 221:15,
221:19
event [1] - 147:13
events [1] - 115:6
evidence [42] - 9:14,
11:6, 11:18, 12:23,
13:4, 13:5, 13:7,

13:23, 15:8, 15:17,

15:24, 16:4, 21:10,
21:21, 22:21, 23:18,
23:25, 24:6, 25:12,
25:25, 26:5, 27:5,
27:17, 27:18, 27:21,
28:2, 28:7, 56:18,
62:13, 64:22, 65:15,
65:17, 71:25, 77:22,
86:19, 98:7, 99:24,
127:1, 132:7, 168:11,
178:6, 222:8
Evidence [4] - 13:17,
13:18, 14:2, 65:18
exact [3] - 64:16,
73:8, 154:12
exactly [8] - 19:20,
21:12, 26:3, 91:6,
111:19, 129:7,
130:20, 156:22
examination [1] 96:24
EXAMINATION [16] 30:4, 71:6, 72:7, 97:2,
117:21, 119:6, 124:7,
126:14, 130:4,
137:15, 141:1, 142:7,
168:8, 170:9, 200:1,
206:9
examine [6] - 15:9,
15:11, 15:21, 47:16,
86:8, 102:8
examined [4] 15:10, 95:18, 102:7,
104:22
examiner [2] 138:18
examining [2] - 95:5,
102:5
example [3] - 38:8,
38:15, 154:1
except [3] - 29:14,
62:23, 169:17
exception [1] - 78:25
exchange [1] - 206:4
exchanged [1] - 19:8
exclusion [2] 28:20, 29:10
exclusive [3] 137:21, 137:23, 140:2
excuse [1] - 97:12
excused [9] - 96:14,
125:10, 125:13,
141:10, 141:12,
141:15, 169:14,
221:9, 221:12
exemption [18] 81:12, 81:23, 82:11,
82:13, 82:23, 83:7,
83:8, 83:14, 84:10,
84:11, 84:16, 84:23,
85:6, 85:11, 85:23,
86:3, 87:11, 87:15
232
Exemptions [1] 5:25
exemptions [1] 82:9
exercise [2] 102:11, 127:22
exercising [3] 107:9, 131:1, 131:4
exhibit [11] - 61:24,
63:4, 63:13, 71:24,
73:14, 73:16, 74:4,
77:4, 114:23, 165:4,
202:7
Exhibit [51] - 33:14,
33:18, 40:9, 42:3,
44:15, 46:25, 47:7,
47:20, 47:22, 66:11,
67:25, 68:15, 68:16,
68:20, 69:11, 69:19,
69:21, 70:19, 72:6,
73:3, 78:4, 79:9,
79:12, 79:15, 94:4,
98:13, 98:14, 98:15,
105:24, 105:25,
124:17, 124:22,
125:6, 127:1, 137:18,
145:7, 145:10, 150:5,
157:25, 158:21,
160:9, 163:6, 163:12,
165:1, 165:17,
166:16, 168:10,
189:17, 189:25,
190:9, 190:13
EXHIBIT [3] - 5:1,
6:1, 7:1
Exhibits [4] - 43:13,
62:14, 64:7, 79:9
exhibits [13] - 7:25,
13:8, 53:10, 61:7,
61:19, 64:19, 64:24,
66:6, 67:10, 67:19,
67:23, 166:12, 222:13
exist [2] - 21:22,
205:15
existence [1] - 112:3
exists [2] - 25:5,
64:21
expanded [1] 182:23
expect [2] - 15:8,
80:25
expected [1] - 20:5
expense [1] - 149:18
experience [4] 72:13, 161:10, 162:9,
162:11
expert [1] - 161:2
Expiration [1] 222:22
explain [8] - 31:15,
33:21, 36:23, 39:18,
44:3, 84:7, 125:24,
190:20
explained [2] 74:11, 128:25

express [2] - 179:12,
180:3
expressing [1] 184:21
extension [1] - 35:13
extent [2] - 145:25,
198:18
extra [1] - 23:15
extremely [1] - 116:3
eyebrows [1] - 20:4
F
faces [1] - 189:14
fact [41] - 8:23,
11:16, 20:22, 21:14,
22:15, 27:8, 27:9,
40:5, 60:14, 70:20,
72:14, 73:25, 86:11,
88:19, 95:9, 95:16,
97:19, 98:25, 105:5,
105:8, 108:19,
111:24, 112:2, 112:8,
120:7, 133:14, 140:4,
144:3, 168:18,
173:25, 179:24,
180:10, 185:3, 186:1,
190:6, 198:15,
200:21, 205:13,
217:11, 217:12, 219:8
fact/conclusions [1]
- 9:10
factors [1] - 14:25
facts [9] - 12:22,
14:15, 26:21, 53:1,
82:5, 82:9, 98:20,
132:7, 152:14
fair [9] - 15:11,
15:21, 21:20, 21:23,
22:9, 100:21, 122:16,
161:7, 191:8
Fairly [1] - 77:12
fairly [4] - 78:22,
80:4, 80:5, 94:10
fall [1] - 206:7
false [8] - 19:19,
55:16, 82:14, 82:18,
92:4, 106:4, 108:3,
216:12
familiar [7] - 31:8,
31:12, 41:2, 41:22,
46:20, 162:3, 200:7
familiarize [1] 168:12
families [2] - 91:9,
91:14
family [4] - 31:3,
80:20, 91:7, 195:11
family-oriented [1] 31:3
fantastic [1] - 144:18

far [6] - 127:13,
197:18, 211:2,
217:13, 220:24,
220:25
fashion [1] - 145:23
father [1] - 85:12
favorable [1] - 22:1
February [3] - 49:5,
90:3, 99:1
federal [3] - 55:18,
106:6, 108:5
fellow [5] - 11:18,
12:5, 96:12, 193:20,
195:15
felon [1] - 106:22
felony [3] - 82:19,
106:22, 107:5
felt [14] - 25:6,
128:15, 129:1,
207:11, 209:13,
209:16, 209:22,
209:23, 210:11,
211:5, 211:11,
213:25, 217:23,
218:23
few [12] - 20:4,
29:23, 61:21, 116:25,
134:19, 135:6, 168:5,
187:9, 198:8, 200:3,
203:6, 219:23
fields [1] - 156:16
fifth [1] - 45:16
fifty [4] - 17:21,
208:3
fifty-fifty [2] - 17:21,
208:3
fight [1] - 25:11
figure [1] - 210:13
figured [1] - 125:23
file [1] - 39:21
filed [10] - 19:3,
20:12, 22:12, 22:16,
53:7, 56:2, 94:22,
94:24, 145:10, 152:12
filing [4] - 39:19,
82:14, 96:2, 96:4
Filings [1] - 6:17
fill [3] - 108:21,
134:9, 180:17
filled [7] - 107:4,
179:18, 180:19,
181:2, 183:3, 183:9,
218:5
fills [1] - 108:19
final [9] - 12:9,
15:25, 51:8, 60:20,
107:8, 139:24,
157:14, 164:16,
169:25
finally [3] - 29:18,
85:11, 106:21
findings [5] - 8:23,
9:1, 9:9, 20:22, 32:5

fine [4] - 55:19,
106:7, 191:5, 194:25
finished [2] - 15:24,
151:18
firm [4] - 30:10,
128:24, 129:4, 129:5
firm's [1] - 48:4
firms [1] - 30:23
first [40] - 8:4, 9:25,
10:22, 19:22, 28:12,
30:3, 43:7, 43:9, 49:7,
54:15, 54:18, 73:7,
78:25, 98:8, 105:24,
106:11, 120:7,
126:13, 142:6,
142:11, 146:8,
146:11, 166:21,
170:8, 171:16,
172:23, 175:24,
176:12, 176:17,
182:21, 187:2,
189:17, 191:15,
201:20, 203:6,
204:18, 206:18,
214:19, 214:21, 215:2
First [2] - 126:19,
181:8
fit [1] - 14:2
fits [1] - 13:16
five [6] - 37:3,
169:24, 170:15,
170:24, 171:1, 199:12
five-minute [2] 169:24, 199:12
flip [7] - 45:1,
145:16, 155:12,
156:8, 166:13,
166:18, 189:22
flipped [1] - 196:1
flipping [3] - 145:20,
146:20, 149:20
floodplain [3] 104:11, 104:13,
104:15
flowed [1] - 182:4
flowing [1] - 198:10
FM [5] - 34:9, 34:14,
34:23, 74:20, 74:23
focus [3] - 54:18,
55:13, 158:1
folio [1] - 50:14
folios [1] - 53:14
folks [2] - 45:9,
128:14
follow [5] - 14:11,
14:13, 61:10, 91:24,
221:17
follow-up [1] - 91:24
following [5] - 1:19,
13:17, 15:4, 94:24,
186:25
follows [4] - 30:3,

126:13, 142:6, 170:8

food [2] - 80:10,
94:19
Fools' [5] - 19:10,
57:4, 58:3, 59:22,
59:23
foot [1] - 17:19
FOR [2] - 2:2, 2:8
for.. [1] - 37:7
forefathers [1] 26:16
foregoing [1] - 222:6
foremost [1] - 16:2
foreperson [1] 16:22
Forest [15] - 35:10,
35:12, 35:17, 35:20,
40:25, 57:24, 69:2,
74:22, 76:20, 79:16,
85:6, 97:12, 97:15,
160:6, 167:7
forgive [1] - 188:15
form [36] - 13:7,
43:20, 43:22, 44:16,
44:19, 46:10, 46:12,
54:17, 54:18, 54:19,
55:1, 55:5, 56:8,
56:10, 57:20, 57:22,
57:25, 58:21, 81:21,
82:3, 83:14, 85:4,
99:1, 101:23, 107:5,
108:19, 114:24,
119:10, 134:9,
156:10, 156:13,
156:19, 168:21,
216:13
format [1] - 73:9
formed [1] - 112:5
forms [5] - 53:15,
60:20, 81:12, 83:4,
106:1
forth [5] - 29:15,
121:18, 135:23,
161:6, 209:5
forward [7] - 17:5,
28:10, 28:24, 146:20,
182:12, 199:6, 213:9
foundation [1] 161:6
four [10] - 50:8,
53:20, 53:21, 91:7,
91:13, 119:20,
197:16, 200:22
fourth [1] - 45:14
frame [3] - 147:15,
163:1, 182:8
frankly [1] - 42:13
fraud [2] - 20:5,
142:22
Frazior [1] - 135:10
free [1] - 26:7
frequent [1] - 30:17
frequently [1] -
233
97:22
Friday [3] - 152:3,
152:4, 185:14
friend [2] - 212:15,
212:16
friends [1] - 11:21
front [5] - 184:16,
189:11, 189:12,
193:16, 205:16
froze [1] - 20:6
frozen [2] - 21:6,
23:8
frugal [3] - 201:23,
201:25, 202:1
full [1] - 123:3
fully [1] - 25:19
fundamental [1] 26:22
fundamentally [1] 28:3
funded [1] - 36:13
funds [2] - 36:11,
38:24
FURTHER [1] - 124:7
future [1] - 128:18
G
gain [2] - 27:22
game [2] - 197:14,
197:15
garage [3] - 80:22,
80:24, 80:25
gathering [2] 77:22, 207:6
Gaultney [1] 113:18
Gene [3] - 33:1, 43:5,
44:10
general [5] - 17:13,
129:19, 185:11,
212:1, 213:21
General [6] - 2:5,
119:22, 123:2,
207:15, 212:10, 219:7
General's [10] 122:14, 124:10,
124:14, 130:13,
137:1, 142:12,
142:15, 142:16,
142:19, 207:22
generally [9] - 28:21,
30:24, 31:2, 33:8,
36:8, 38:11, 122:12,
122:13, 129:21
Generals [1] - 2:5
gentleman [2] 125:9, 174:24
gentlemen [18] 10:22, 11:1, 17:7,
17:12, 23:5, 26:14,
28:19, 61:10, 70:24,
96:9, 98:16, 141:14,

180:3, 180:5, 199:12,
199:16, 204:12,
221:14
genuine [1] - 118:19
geographic [1] 33:7
geography [1] 72:22
gestae [1] - 178:14
get-togethers [1] 189:4
gist [1] - 103:22
given [8] - 14:16,
16:4, 96:11, 132:3,
188:14, 207:12,
218:1, 221:17
glass [1] - 194:6
glean [1] - 140:13
GLICKLER [13] 9:24, 22:11, 22:21,
29:5, 32:7, 100:4,
100:13, 100:19,
101:1, 101:5, 125:22,
126:3, 126:6
Glickler [1] - 2:4
global [1] - 177:25
goeddertz [1] - 42:6
Goeddertz [27] 5:17, 6:23, 18:25,
45:8, 46:8, 50:9, 58:7,
58:10, 58:12, 69:5,
69:6, 69:8, 75:16,
75:19, 79:18, 81:4,
82:23, 144:24,
146:11, 160:13,
160:14, 176:5, 180:6,
196:6, 196:9, 196:17
Goeddertz's [2] 6:9, 197:18
goods [1] - 97:25
Gosling [2] - 34:25,
35:1
governed [3] - 37:2,
37:17, 37:18
government [2] 18:7, 33:5
government's [2] 110:18, 110:19
governmental [6] 26:20, 27:8, 28:1,
37:18, 37:21, 136:16
graduate [1] - 162:3
graduating [1] 30:22
grand [18] - 16:9,
16:22, 65:14, 143:12,
143:15, 144:12,
144:23, 204:16,
204:19, 205:6, 205:8,
205:13, 205:17,
205:23, 206:4, 206:7,
215:20, 219:9
grandkids [2] 104:23, 105:1

grandson [1] 195:13
grandsons [1] 195:6
Grant [8] - 120:5,
125:21, 126:16,
126:19, 181:8,
206:20, 207:17,
211:21
grant [9] - 8:20, 9:17,
130:6, 137:17,
138:21, 140:15,
206:20, 212:10, 218:2
GRANT [3] - 4:5,
126:9, 126:12
Grant's [1] - 139:18
Grant.......... [1] 3:15
granted [2] - 9:22,
10:12
gray [4] - 34:8,
212:25, 213:1, 213:22
great [1] - 137:5
Grogan's [1] - 76:3
grounds [1] - 9:11
group [64] - 18:22,
18:24, 19:4, 20:7,
21:16, 23:10, 23:19,
23:20, 23:24, 24:8,
24:25, 25:7, 25:10,
25:16, 25:18, 91:8,
175:4, 175:9, 175:25,
178:10, 178:11,
181:20, 181:23,
182:3, 182:16,
183:12, 183:19,
185:18, 185:24,
186:21, 186:23,
186:24, 187:3, 187:5,
188:6, 188:11, 189:5,
190:6, 190:17, 191:5,
191:9, 195:11, 198:5,
198:7, 198:14,
198:20, 198:25,
200:25, 201:3, 202:4,
202:13, 203:17,
212:1, 212:2, 213:20,
213:24, 214:10,
214:13, 214:18,
215:10, 217:9, 220:11
grouped [1] - 146:1
grown [1] - 103:24
guess [11] - 9:4,
24:22, 40:23, 42:18,
111:2, 127:5, 128:24,
192:2, 192:3, 215:12,
219:2
guessing [2] 149:17, 194:6
guest [14] - 49:24,
50:6, 50:13, 50:23,
50:24, 51:7, 53:14,

56:1, 57:13, 58:2,
58:4, 58:23, 60:12,
61:4
Guest [2] - 5:11, 6:4
guests [9] - 24:11,
49:23, 50:21, 51:6,
51:16, 51:17, 147:25,
148:3
guidelines [1] 135:23
GUILT/
INNOCENCE [1] 1:12
guilty [10] - 16:24,
16:25, 17:1, 26:6,
28:4, 28:9, 82:19,
139:25
Guinn [1] - 222:24
guy [2] - 132:10,
198:19
guys [2] - 81:24,
190:15
H
hairy [1] - 200:15
hallway [1] - 11:10
HAND [1] - 222:18
hand [11] - 11:5,
29:7, 29:9, 34:3, 34:6,
34:7, 34:14, 34:15,
46:15, 142:2, 170:4
handing [1] - 160:11
handle [1] - 31:2
handled [2] - 9:2,
98:19
handling [1] - 137:8
hands [2] - 10:24,
61:17
handwritten [1] 40:23
Hanson [2] - 59:5,
59:8
Hansons [3] - 41:20,
163:10, 171:3
happy [1] - 173:7
hard [1] - 132:1
Harper's [1] - 75:13
Harris [2] - 105:22,
172:14
Hartman [5] - 42:9,
58:15, 79:18, 83:3,
160:16
hat [1] - 211:2
head [2] - 35:4,
184:8
heading [1] - 76:17
heads [1] - 140:12
hear [16] - 11:5, 11:6,
12:23, 15:14, 21:9,
23:17, 25:8, 25:9,

27:11, 27:17, 74:7,

122:7, 171:7, 171:16,
187:8, 188:5
heard [14] - 1:20,
28:19, 101:11,
152:11, 182:21,
187:7, 200:17,
213:16, 213:21,
214:19, 214:21,
215:1, 215:2, 220:22
HEARING [6] - 23:3,
32:16, 67:4, 102:3,
179:4, 185:1
hearing [4] - 10:14,
73:17, 179:20, 184:20
hearsay [8] - 91:18,
91:24, 136:1, 176:8,
176:22, 177:1,
177:18, 204:2
heart [1] - 216:9
HEATH [174] - 8:5,
8:7, 8:10, 8:16, 8:18,
9:11, 9:23, 10:8,
20:14, 20:18, 20:25,
21:3, 21:7, 21:18,
22:4, 26:11, 26:14,
27:7, 28:15, 31:19,
31:23, 32:2, 32:13,
32:21, 33:16, 40:11,
42:20, 43:12, 47:8,
47:21, 48:15, 48:19,
48:23, 52:7, 52:12,
52:19, 54:13, 60:16,
61:18, 61:21, 61:25,
62:3, 62:18, 63:11,
63:15, 63:18, 65:6,
65:20, 66:3, 66:5,
66:8, 66:12, 66:14,
66:18, 67:8, 67:12,
70:5, 70:21, 71:7,
71:21, 72:4, 73:1,
74:8, 75:5, 77:4, 79:5,
81:17, 84:1, 84:3,
86:12, 86:15, 86:17,
86:23, 87:4, 87:21,
88:4, 88:9, 89:11,
91:17, 91:22, 92:1,
93:17, 93:19, 94:14,
97:1, 97:3, 99:20,
100:1, 100:10,
100:17, 101:4, 101:6,
101:15, 101:20,
101:22, 101:25,
102:5, 102:18,
102:25, 108:15,
108:17, 117:16,
118:16, 119:5, 119:7,
123:23, 124:5,
124:19, 125:3, 125:8,
125:12, 125:16,
128:3, 128:6, 130:2,
130:5, 132:15, 136:2,
136:5, 137:11,
234
138:12, 139:5,
139:13, 139:16,
140:10, 141:2, 141:7,
141:11, 145:13,
151:1, 151:14,
152:14, 152:22,
154:21, 154:24,
157:16, 160:25,
162:20, 166:8, 168:5,
168:9, 169:11,
169:15, 169:17,
173:1, 174:7, 174:11,
174:18, 175:6,
175:11, 176:7,
176:21, 177:4,
177:17, 179:1, 179:3,
182:6, 183:21,
184:10, 184:14,
184:18, 184:24,
190:2, 199:4, 199:7,
199:10, 199:22,
204:2, 204:4, 204:8,
206:10, 218:13,
221:4, 221:11
Heath [39] - 2:8,
5:13, 6:19, 8:13, 8:14,
8:20, 26:9, 50:8,
56:12, 56:18, 61:17,
63:10, 68:1, 68:14,
74:6, 84:23, 85:4,
96:8, 96:25, 117:23,
124:24, 144:25,
146:12, 157:20,
157:22, 158:4, 158:8,
158:9, 173:4, 173:22,
176:5, 191:24, 193:3,
193:4, 196:16,
214:25, 215:1
Heath's [8] - 6:5,
45:18, 56:11, 68:8,
75:22, 94:5, 94:16,
158:17
Heath.......... [1] 3:11
held [4] - 1:21,
29:24, 43:17, 189:12
hello [1] - 23:16
help [8] - 14:25,
39:11, 70:4, 89:2,
102:16, 109:21,
109:23, 184:17
helpful [4] - 72:18,
72:22, 72:23, 135:22
hereby [1] - 222:6
hereinafter [1] 16:13
hid [1] - 24:12
higher [1] - 51:14
highlight [2] - 82:1,
84:8
highlighted [1] 83:5
Highway [2] - 74:23,
76:16
hijacked [1] - 20:3
historically [1] 101:14
hoarding [1] - 53:9
hold [6] - 8:9, 26:7,
27:4, 115:6, 162:10,
193:16
holding [2] - 195:15,
198:11
Home [8] - 6:5, 6:6,
6:7, 6:8, 6:10, 6:11,
6:12, 6:13
home [46] - 17:18,
17:19, 17:21, 24:17,
70:17, 70:20, 75:12,
75:22, 75:23, 75:24,
76:2, 76:9, 76:12,
76:23, 76:24, 78:23,
79:1, 79:2, 79:10,
79:11, 80:2, 80:3,
80:4, 80:5, 80:7, 80:8,
81:6, 90:13, 90:17,
90:23, 92:23, 93:2,
94:5, 94:11, 94:17,
104:19, 118:13,
118:15, 118:19,
118:20, 172:13,
172:18, 188:24, 207:7
homes [5] - 17:20,
24:17, 24:20, 81:3,
94:18
homestead [17] 68:12, 68:13, 68:16,
81:11, 81:23, 82:11,
82:23, 83:7, 83:8,
84:16, 84:23, 85:11,
85:24, 86:3, 87:11,
87:14, 119:3
Homestead [1] 5:25
homesteads [1] 85:20
honest [2] - 218:17,
218:18
honestly [1] - 198:8
Honor [136] - 8:5,
8:7, 8:10, 8:16, 9:4,
9:8, 9:18, 9:21, 9:23,
17:6, 20:14, 21:19,
26:11, 27:5, 27:7,
28:15, 29:5, 31:19,
32:13, 32:21, 33:17,
40:12, 42:20, 43:12,
47:6, 47:8, 47:21,
48:15, 48:23, 52:7,
52:9, 52:12, 53:2,
53:10, 54:10, 54:13,
60:16, 61:6, 61:16,
62:1, 63:6, 64:6,
64:10, 64:24, 66:3,
67:8, 67:12, 67:14,
67:21, 70:21, 71:21,
73:1, 73:21, 75:5,

79:5, 81:18, 84:1,
86:12, 88:9, 89:11,
91:17, 92:1, 93:17,
93:24, 93:25, 94:14,
97:1, 99:2, 99:4,
99:16, 99:25, 100:17,
100:19, 101:15,
102:19, 108:15,
117:17, 117:19,
123:19, 124:6, 125:3,
125:8, 125:11,
125:12, 125:14,
125:22, 130:2, 132:6,
136:1, 136:2, 137:12,
137:13, 138:12,
139:5, 139:13,
139:19, 139:22,
140:10, 141:8, 141:9,
141:11, 141:21,
145:9, 145:14, 151:2,
151:10, 151:14,
154:21, 154:24,
157:16, 160:25,
161:4, 162:21, 166:8,
168:4, 168:6, 169:12,
169:15, 173:1, 174:7,
174:14, 176:7,
176:10, 176:21,
182:6, 183:21, 190:1,
190:2, 199:4, 199:22,
199:24, 204:2,
218:10, 221:5,
221:10, 221:11
Honorable [1] - 1:21
hoped [1] - 140:22
hopes [2] - 127:14,
128:17
hoping [2] - 93:15,
158:1
horn [2] - 174:9,
174:14
Hospital [1] - 35:22
hotel [48] - 17:22,
19:16, 19:23, 20:2,
21:17, 22:13, 22:14,
22:17, 23:15, 24:11,
25:13, 46:23, 46:24,
48:3, 49:4, 50:7, 52:1,
52:10, 54:2, 56:1,
56:5, 56:22, 58:4,
58:22, 59:18, 59:24,
60:10, 77:15, 89:23,
90:2, 90:5, 95:11,
100:14, 127:7,
127:12, 132:21,
139:11, 143:16,
143:17, 143:20,
146:23, 147:13,
151:15, 195:11,
197:1, 199:1, 217:16
hotels [1] - 200:20
hours [1] - 162:1
house [11] - 24:13,

24:14, 24:15, 41:23,
103:10, 103:12,
103:13, 104:11,
104:12, 104:13, 105:1
Houston [2] - 2:10,
146:21
Howard [1] - 30:9
human [1] - 142:22
hunt [1] - 27:22
husband [2] 191:20, 201:10
hypothetical [1] 108:23
hypothetically [1] 123:13
I
I-45 [6] - 34:9, 35:5,
35:24, 74:18, 75:13,
76:7
idea [9] - 18:20,
136:22, 178:9, 179:7,
182:20, 186:23,
197:12, 198:19,
198:20
identical [1] - 99:21
identification [1] 93:11
identified [7] - 40:25,
44:6, 45:24, 50:7,
74:24, 196:7, 198:6
identifies [1] - 49:24
identify [1] - 73:24
identifying [1] - 79:1
ignored [1] - 26:1
Illegal [1] - 122:19
illegal [17] - 24:2,
26:8, 118:10, 118:11,
119:11, 121:12,
121:15, 121:17,
123:25, 129:17,
130:15, 130:18,
138:1, 143:7, 177:11,
205:22, 216:14
illegally [4] - 9:1,
218:6, 218:7, 218:21
image [2] - 168:22,
168:25
imagine [1] - 20:3
impeach [1] - 86:18
impeachment [1] 86:20
implication [1] 21:25
implications [1] 25:20
importance [1] 26:22
important [4] 19:12, 26:6, 116:3,

116:6
importantly [1] 140:12
impossible [1] 137:1
impression [1] 111:21
imprisonment [2] 55:19, 106:7
improbability [1] 14:23
improper [5] - 27:6,
86:13, 86:16, 86:19,
86:25
improperly [1] 138:25
IN [8] - 1:4, 8:1, 23:3,
32:16, 67:4, 102:3,
179:4, 185:1
inadmissible [1] 65:17
inappropriate [1] 24:5
Inc [1] - 155:17
incapacitated [2] 107:10, 107:11
incarceration [1] 107:1
inch [1] - 155:15
incident [1] - 214:20
inclination [1] 14:22
include [4] - 46:5,
130:18, 137:20,
146:10
included [5] 107:25, 108:1,
130:14, 177:13, 222:9
includes [4] - 33:10,
64:22, 116:11, 144:23
including [5] - 35:22,
59:25, 81:24, 106:25,
155:8
inclusion [1] - 62:12
incorporated [1] 37:17
incorporation [2] 155:4, 155:10
incorrect [2] 104:13, 210:11
increments [1] 148:25
incumbent [3] - 43:6,
47:15, 77:22
incumbents [1] 43:8
indeed [5] - 47:25,
57:2, 58:18, 59:9,
82:16
independent [1] 192:17
INDEX [4] - 4:1, 5:1,
6:1, 7:1
235
Indian [1] - 34:20
indicate [12] - 49:23,
50:4, 69:23, 73:17,
87:17, 89:5, 92:25,
103:23, 103:25,
180:8, 181:10, 185:17
indicated [22] 50:10, 50:12, 51:16,
51:17, 71:8, 74:17,
88:20, 89:7, 89:21,
90:16, 94:18, 95:24,
97:4, 97:18, 104:10,
104:18, 104:20,
112:12, 135:2,
168:15, 206:17,
210:22
indicating [2] 208:15, 220:2
indications [1] 184:21
indicative [1] - 12:6
indicted [7] - 101:12,
177:11, 177:14,
205:23, 206:5,
219:17, 219:20
indictment [15] 15:5, 15:6, 16:6,
16:15, 16:24, 62:12,
65:14, 140:1, 177:8,
177:25, 178:4, 178:7,
178:18, 182:11,
205:21
individual [15] 12:22, 28:4, 50:13,
52:14, 56:23, 60:4,
62:22, 132:1, 134:12,
145:25, 146:3,
191:16, 191:18,
191:23, 193:8
individuals [30] 27:13, 51:2, 52:10,
62:7, 62:22, 64:8,
65:5, 91:7, 97:24,
111:17, 112:15,
127:6, 127:11,
127:19, 128:14,
128:22, 129:6, 133:3,
140:8, 140:20,
144:19, 164:17,
166:7, 177:13,
178:10, 185:18,
185:24, 192:24,
193:1, 195:4
indoor [1] - 195:2
ineligible [1] - 108:8
inference [2] - 22:5,
27:10
inferences [2] 14:24, 22:7
influence [2] 130:25, 184:13
inform [1] - 9:25
informal [1] - 181:15
information [40] 13:1, 19:17, 19:19,

55:17, 60:12, 88:18,
92:5, 93:22, 106:5,
107:22, 108:3,
143:11, 143:13,
143:14, 145:7, 153:2,
153:3, 153:4, 154:6,
155:5, 155:6, 155:11,
155:12, 160:8,
160:19, 160:21,
160:23, 162:14,
163:3, 163:11,
163:18, 164:6,
164:25, 173:20,
173:23, 178:13,
183:6, 216:12
informational [3] 119:14, 120:24, 121:2
informative [3] 127:18, 129:19,
130:14
informed [2] - 25:21,
172:24
informing [2] 25:24, 129:17
infrastructure [1] 38:25
initial [5] - 178:8,
182:23, 182:24,
182:25, 183:24
injunction [1] - 20:6
Inn [76] - 5:9, 19:6,
19:7, 19:10, 19:11,
46:24, 47:11, 47:12,
47:16, 48:2, 48:13,
53:25, 55:25, 56:4,
56:15, 56:19, 57:9,
57:13, 58:2, 58:4,
58:22, 58:23, 59:17,
60:1, 60:8, 60:12,
61:4, 72:10, 77:9,
77:15, 89:23, 90:2,
90:12, 90:25, 92:14,
92:18, 105:13,
143:21, 143:22,
144:4, 144:11,
145:12, 150:1, 150:8,
151:5, 151:21,
153:21, 153:24,
183:1, 183:5, 183:14,
183:16, 184:2,
185:17, 186:2, 186:5,
186:8, 186:10,
187:12, 188:10,
188:14, 188:17,
189:5, 191:9, 192:20,
193:16, 194:2, 195:3,
197:13, 197:24,
198:4, 200:21,
200:22, 202:10,
203:12, 217:7
Inn's [1] - 189:21
innocence [1] 15:19

input [1] - 181:17
inserted [1] - 20:12
inside [30] - 17:22,
18:11, 24:20, 25:2,
25:5, 30:25, 33:9,
39:10, 41:4, 41:11,
41:24, 42:12, 45:10,
47:4, 56:7, 75:10,
75:18, 76:3, 76:4,
76:20, 77:13, 78:11,
115:15, 115:19,
116:16, 117:2,
172:15, 172:21,
209:6, 215:5
instance [1] - 218:2
instances [2] 102:6, 218:3
instead [1] - 37:21
instruc [1] - 14:4
instruct [1] - 28:25
instructed [3] 29:12, 204:4, 204:10
instruction [2] 14:11
instructions [6] 14:5, 29:24, 96:11,
180:7, 180:10, 221:16
Instructions............
........ [1] - 3:8
insurance [1] 187:16
integral [1] - 115:25
integrity [2] - 11:11,
142:21
Integrity [1] - 135:11
intend [5] - 20:24,
61:21, 64:1, 66:20,
132:20
intended [2] - 140:9,
140:21
intent [5] - 18:14,
118:19, 131:13,
132:18, 213:12
intently [1] - 12:11
interact [1] - 188:7
interest [2] - 14:20,
128:16
interested [2] 147:1, 172:11
intergroup [1] 190:22
interjecting [1] 152:14
intermediate [1] 162:8
interpret [1] - 132:17
interpretation [4] 132:22, 132:25,
133:2, 141:5
interrogated [1] 125:1
intersect [1] - 217:15

intersects [1] - 35:6
Interstate [2] - 34:1,
34:2
intervene [4] - 23:11,
129:1, 129:2, 190:18
Intervenors [2] 6:15, 190:14
intervenors [3] 20:13, 190:7, 190:18
intervention [1] 21:18
intrigued [1] - 194:9
introduce [4] - 30:8,
126:18, 142:9, 170:13
investigate [3] 24:4, 142:23, 143:9
investigated [1] 69:9
investigating [2] 143:5, 143:6
investigation [7] 12:22, 71:16, 143:9,
203:24, 204:17,
204:19, 219:2
investigations [1] 142:13
invited [1] - 205:6
invoke [1] - 28:22
invoked [2] - 28:16,
29:11
involve [1] - 31:1
involved [12] - 21:22,
25:2, 31:17, 32:2,
62:7, 65:13, 77:21,
78:20, 129:8, 129:16,
176:13, 183:15
involvement [3] 32:19, 38:10, 150:11
involving [4] - 31:6,
85:18, 126:22, 142:23
ironically [1] - 19:9
irrelevant [4] - 48:19,
66:17, 118:16, 166:9
issue [8] - 66:6, 77:6,
110:23, 111:16,
117:9, 139:14,
199:17, 200:18
issued [2] - 29:25,
48:20
issues [4] - 26:21,
31:7, 111:1, 161:1
issuing [1] - 161:11
item [2] - 71:3,
124:25
items [12] - 14:1,
80:7, 80:18, 80:24,
81:5, 90:4, 90:12,
94:17, 108:6, 108:9,
188:24, 207:12
itself [2] - 43:25,
207:13

J
jail [1] - 82:19
James [27] - 3:14,
5:14, 5:20, 6:6, 6:20,
8:8, 8:12, 8:19, 16:13,
16:23, 28:14, 30:9,
49:10, 54:23, 68:17,
79:11, 128:19,
128:24, 144:24,
144:25, 146:5,
158:23, 165:23,
165:24, 166:1,
167:18, 171:10
JAMES [2] - 1:6, 30:2
JAMES..... [1] - 4:7
January [2] - 49:5,
90:3
JENKINS [1] - 1:6
Jenkins [111] - 5:14,
6:20, 8:12, 8:19, 8:25,
16:13, 16:23, 17:16,
18:2, 18:20, 19:5,
19:13, 19:22, 20:11,
21:16, 22:12, 24:1,
24:25, 25:19, 26:15,
27:10, 27:13, 27:21,
45:20, 45:24, 46:1,
49:10, 53:19, 53:22,
53:23, 54:23, 55:1,
55:25, 64:9, 68:17,
78:21, 79:11, 80:3,
83:12, 85:23, 86:8,
86:18, 87:2, 87:11,
90:4, 95:6, 95:15,
102:6, 102:9, 105:4,
106:13, 107:4,
117:10, 117:24,
118:7, 119:2, 144:25,
146:5, 146:12,
146:16, 147:4, 149:8,
149:25, 150:15,
151:5, 151:21, 153:6,
153:22, 154:10,
154:13, 156:3,
158:23, 158:24,
159:25, 165:23,
166:9, 166:21,
168:13, 171:11,
178:11, 179:7,
179:12, 180:7,
181:24, 181:25,
182:1, 182:16,
182:21, 183:19,
185:9, 187:25, 188:3,
191:17, 193:5, 195:5,
198:6, 200:16,
201:14, 201:18,
201:19, 201:20,
201:22, 202:20,
212:5, 212:17, 213:5,
213:17, 214:24, 216:4
Jenkins' [19] - 6:6,
236
20:7, 76:2, 77:25,
79:11, 83:8, 118:13,
154:16, 172:18,
174:25, 175:9, 176:1,
180:19, 180:21,
183:3, 183:7, 201:15,
202:12
Jim [34] - 45:20,
54:24, 68:17, 76:2,
77:25, 79:11, 80:3,
146:11, 156:3,
173:17, 173:18,
174:2, 174:4, 174:5,
174:22, 174:24,
174:25, 175:1, 176:1,
176:4, 178:11,
180:21, 181:25,
182:1, 191:13,
191:17, 191:19,
191:20, 193:5,
195:13, 198:10,
212:17
Jim's [9] - 171:19,
172:12, 172:13,
173:15, 175:5,
179:10, 182:4, 198:9,
215:2
JJ [2] - 151:6, 151:20
JJ's [1] - 152:6
job [2] - 64:14, 136:8
John [1] - 1:21
join [1] - 190:17
joined [1] - 190:7
Jonathan [1] - 2:3
Joseph [1] - 160:13
journey [3] - 26:16,
26:17, 174:16
Jr [1] - 44:9
judge [2] - 27:1,
44:21
Judge [5] - 1:21,
8:24, 62:19, 184:14,
184:18
judgment [1] - 107:9
Judicial [1] - 16:11
JUDICIAL [1] - 1:7
July [6] - 6:4, 144:14,
153:18, 153:20,
156:20, 159:21
jump [1] - 191:3
JUNE [1] - 3:4
June [16] - 1:19,
78:11, 95:22, 147:7,
147:12, 147:23,
148:25, 149:1, 149:2,
150:25, 153:13,
153:15, 153:20,
202:23, 203:7
jurisdiction [5] 37:15, 37:20, 75:19,
107:9, 121:2
jurors [14] - 10:23,
11:2, 11:8, 11:13,
11:15, 11:17, 11:18,

12:1, 12:5, 12:13,
27:1, 96:12, 110:25,
151:16
Jury [1] - 3:7
jury [55] - 10:17,
10:18, 11:11, 12:5,
14:6, 14:7, 15:24,
16:9, 16:22, 17:12,
21:8, 21:25, 26:14,
30:8, 61:13, 65:14,
65:21, 70:25, 72:18,
83:5, 84:20, 85:1,
96:14, 96:20, 98:16,
100:24, 100:25,
101:19, 106:3,
126:18, 130:10,
141:17, 141:22,
141:23, 142:10,
143:12, 143:15,
144:12, 144:23,
170:13, 184:12,
184:16, 196:5, 204:4,
204:16, 204:19,
205:6, 205:8, 205:13,
205:17, 205:23,
206:4, 206:7, 215:20,
219:9
JURY [8] - 10:19,
10:21, 10:25, 61:14,
65:23, 96:15, 96:21,
141:24
jury's [3] - 10:14,
67:19, 139:23
justice [3] - 11:4,
16:3, 162:3
justices [1] - 9:2
justified [1] - 23:22
K
Kandy [2] - 68:1,
144:25
Katie [1] - 98:18
keep [4] - 67:2,
129:19, 178:22,
182:13
kept [1] - 220:8
key [1] - 188:19
kind [19] - 34:2, 34:5,
34:10, 34:15, 35:9,
35:12, 35:23, 43:19,
44:25, 67:18, 74:16,
93:22, 112:18,
115:17, 134:21,
145:21, 194:23,
200:15, 205:19
kinds [5] - 31:3,
38:5, 94:20, 134:15,
134:18
knowing [4] 121:19, 186:21,
217:5, 218:5
knowingly [4] 216:12, 216:14, 218:6

knowledge [16] 106:14, 107:3, 107:6,
112:3, 114:9, 161:10,
174:5, 187:21,
196:25, 198:24,
201:18, 212:4,
214:12, 215:10,
215:12, 217:10
known [5] - 35:20,
37:22, 201:19,
201:22, 201:23
knows [4] - 52:19,
52:20, 66:21
Kuykendahl [5] 34:19, 34:23, 35:6,
74:21, 74:22
L
L's [1] - 30:15
labeled [1] - 157:12
lack [1] - 111:16
ladies [11] - 17:7,
17:12, 23:5, 26:14,
70:24, 98:16, 141:13,
196:23, 199:12,
199:16, 204:12
Ladies [6] - 10:22,
11:1, 28:19, 61:10,
96:9, 221:14
lady [1] - 169:14
Lake [3] - 35:6, 35:8,
74:21
lake [2] - 35:7, 35:8
land [1] - 105:5
Landing [7] - 41:21,
75:13, 76:12, 84:6,
84:11, 171:5
Lane [12] - 51:12,
60:25, 72:9, 76:16,
79:14, 79:25, 83:22,
83:24, 84:22, 85:15,
164:23, 167:23
language [1] 178:21
large [5] - 34:16,
73:8, 80:4, 114:23,
200:12
larger [2] - 73:9,
161:23
last [11] - 22:13,
30:12, 42:24, 51:18,
104:2, 104:7, 156:23,
165:4, 170:19, 204:6,
204:10
lasted [1] - 177:14
lastly [1] - 107:7
late [2] - 147:12,
153:20
Laukien [2] - 98:18
Laukien's [2] 98:21, 111:12

Laura [1] - 144:25
law [51] - 8:23, 9:10,
11:11, 14:5, 14:8,
14:12, 16:4, 19:24,
20:22, 25:25, 26:1,
27:25, 30:10, 30:21,
39:20, 40:1, 40:2,
40:3, 48:4, 55:18,
97:5, 102:12, 106:6,
108:5, 110:23,
122:18, 123:3,
124:11, 127:12,
127:20, 128:16,
128:24, 129:5, 133:6,
133:7, 133:14,
133:18, 133:25,
134:11, 134:14,
135:21, 139:2,
139:18, 140:4, 141:4,
169:5, 207:3, 207:13,
212:21
Law [2] - 2:9, 30:23
lawful [2] - 131:4,
134:7
lawfully [1] - 131:3
lawlessness [1] 25:19
laws [3] - 13:19,
119:17, 209:13
lawsuit [7] - 20:12,
22:12, 22:16, 53:7,
94:22, 98:19, 190:18
lawyer [9] - 13:24,
122:8, 133:4, 134:25,
135:1, 207:25,
211:24, 212:6, 218:3
lawyers [16] - 12:10,
13:23, 14:7, 15:6,
15:25, 17:8, 29:23,
122:13, 133:11,
133:12, 136:11,
136:12, 136:13,
136:16, 181:16, 184:4
lay [1] - 66:20
layout [1] - 122:18
lead [2] - 138:15,
138:19
leader [7] - 178:11,
181:20, 181:22,
181:23, 182:2,
182:16, 198:7
leaders [1] - 198:5
leading [12] - 87:4,
87:21, 88:5, 88:10,
88:13, 89:12, 91:18,
128:4, 138:13,
138:17, 173:2, 175:6
learned [1] - 186:19
least [6] - 19:24,
114:17, 119:24,
125:24, 131:19,

145:24
leave [2] - 21:13,
188:19
leaving [1] - 135:24
left [6] - 34:7, 34:14,
34:15, 170:25, 205:2,
208:2
left-hand [3] - 34:7,
34:14, 34:15
legal [23] - 13:5,
24:1, 30:19, 79:1,
84:7, 103:3, 103:4,
108:21, 115:16,
117:24, 118:12,
119:12, 123:24,
128:10, 133:18,
160:17, 161:1,
186:22, 190:20,
213:4, 213:8, 213:10,
214:4
legally [3] - 210:14,
210:20, 217:25
legend [1] - 74:14
legislation [1] 113:5
Legislature [2] 13:20, 18:9
legitimacy [2] 122:4, 123:11
legs [1] - 169:25
length [2] - 110:3,
131:12
leniency [2] 205:16, 205:19
less [1] - 185:10
letter [71] - 25:21,
25:24, 102:10,
102:11, 102:23,
103:2, 117:23, 118:6,
118:8, 118:9, 119:8,
119:9, 119:15,
119:18, 119:20,
119:25, 120:1, 120:4,
120:19, 120:21,
120:24, 121:1,
121:12, 121:24,
122:2, 123:4, 123:7,
123:14, 123:15,
123:21, 123:24,
127:9, 127:10,
127:16, 127:18,
127:21, 128:1, 128:9,
129:2, 129:7, 129:11,
129:14, 129:18,
130:6, 130:25, 131:8,
132:5, 133:20,
133:22, 135:6,
136:11, 137:17,
138:22, 140:6, 140:8,
140:13, 140:20,
181:4, 181:10,
192:18, 206:15,
206:17, 206:22,
237
207:17, 211:21,
211:22, 211:25,
212:25
letters [8] - 124:17,
124:22, 127:4, 127:5,
128:22, 129:22,
137:22, 158:2
Letters [1] - 6:16
library [4] - 12:25,
116:13, 116:14,
214:21
license [19] - 95:7,
95:9, 95:10, 95:15,
95:17, 95:23, 117:10,
157:8, 157:22,
160:18, 161:19,
162:15, 163:4,
168:13, 168:15,
185:7, 187:16
licensed [1] - 30:20
licenses [2] - 161:11,
164:21
lie [1] - 36:16
life [1] - 200:15
light [1] - 128:9
lightly [1] - 181:13
lights [1] - 180:11
Ligon [2] - 135:13,
181:7
likely [1] - 194:1
likewise [3] - 11:8,
12:23, 37:25
limine [8] - 8:8, 8:21,
8:22, 9:6, 10:1, 21:24,
32:7, 32:9
Limine............ [1] 3:6
limit [1] - 133:25
limited [1] - 129:1
line [8] - 25:19, 35:5,
42:24, 45:25, 86:13,
139:6, 152:5, 163:2
linens [1] - 80:12
link [1] - 75:8
list [8] - 57:7, 98:7,
137:21, 137:23,
164:23, 202:20,
202:21, 216:18
listed [52] - 40:22,
41:17, 41:19, 44:5,
48:10, 49:11, 53:21,
54:25, 55:4, 55:6,
57:5, 57:21, 57:23,
57:24, 58:13, 58:15,
59:5, 59:7, 59:10,
59:12, 60:7, 63:2,
68:3, 69:14, 69:24,
70:11, 70:16, 71:8,
71:9, 88:23, 118:14,
150:4, 155:23,
156:15, 157:21,
158:4, 158:6, 158:24,
159:14, 160:5,
160:16, 163:9,
163:16, 163:17,
164:3, 164:5, 164:20,
165:13, 166:15,
167:9, 168:1
listen [5] - 11:25,
12:11, 29:17, 204:14,
214:8
listening [1] - 27:18
listing [4] - 44:23,
45:3, 48:5, 60:22
lists [3] - 98:8, 159:1,
160:6
litigation [5] - 13:10,
13:20, 22:18, 22:24,
31:4
live [17] - 17:15,
30:10, 36:12, 41:11,
45:10, 92:20, 110:19,
110:21, 111:4,
111:18, 111:21,
111:25, 132:18,
132:20, 171:2, 171:3
lived [9] - 19:15,
62:22, 66:21, 70:15,
80:8, 81:6, 94:18,
170:15, 209:6
living [8] - 24:10,
24:17, 25:2, 71:14,
104:8, 108:20,
197:13, 215:5
local [1] - 135:18
located [20] - 30:24,
36:14, 46:22, 46:23,
48:2, 68:7, 75:12,
75:25, 77:12, 97:10,
97:11, 105:11,
105:19, 105:21,
115:10, 115:12,
115:19, 116:10,
116:11, 143:23
location [10] - 34:4,
34:21, 35:1, 35:23,
62:20, 64:16, 116:25,
117:1, 117:7, 216:23
locations [4] - 12:20,
62:23, 63:2, 77:18
lodged [2] - 67:8,
73:2
longest [1] - 174:4
look [25] - 12:24,
28:10, 40:23, 44:22,
45:1, 46:14, 86:2,
116:15, 117:1, 121:9,
122:6, 124:1, 131:21,
131:25, 145:22,
148:4, 148:5, 156:10,
156:23, 157:18,
168:12, 194:3,
194:19, 212:12,
214:14
looked [14] - 43:9,
45:9, 45:15, 46:6,
52:1, 57:20, 60:14,

106:1, 119:24, 124:3,
159:18, 166:16,
197:19, 198:16
looking [7] - 25:1,
41:20, 46:8, 83:4,
99:11, 184:22
looks [13] - 44:22,
46:12, 49:21, 86:2,
146:8, 148:19,
148:25, 149:7,
149:23, 149:24,
150:19, 155:3, 164:14
lose [1] - 203:25
lower [2] - 9:14, 29:9
Luke's [1] - 35:22
lunch [4] - 96:7,
96:10, 96:12, 96:16
LUNCH [1] - 96:18
M
M-C-D-U-F-F-E-E [1]
- 170:21
ma'am [2] - 169:8,
169:23
machine [1] - 1:24
made-up [4] 187:14, 187:15,
187:25, 188:5
magic [2] - 108:17,
108:18
magnifying [1] 194:6
Magnolia [7] - 42:9,
42:10, 42:11, 69:10,
75:19, 83:3, 160:16
maiden [1] - 164:2
mail [8] - 183:10,
189:11, 193:11,
193:12, 193:15,
193:18, 193:25, 194:2
mailed [2] - 193:15,
193:16
mailing [21] - 55:4,
55:6, 57:6, 57:7,
57:22, 57:24, 58:16,
59:10, 60:25, 69:16,
69:24, 70:10, 70:17,
71:9, 71:16, 88:22,
89:5, 89:7, 155:18,
156:11, 166:25
maintain [2] - 11:11,
163:4
maintained [1] - 25:4
maintaining [1] 18:10
maintains [1] 165:14
maintenance [3] 37:25, 39:9, 104:19
major [2] - 33:8,
33:11
majority [4] - 18:3,
37:9, 90:12, 90:16
Mall [2] - 74:18,
77:13
mall [2] - 34:4,
116:11
man [8] - 17:18,
64:13, 64:14, 141:10,
201:23, 218:24, 221:9
management [1] 36:24
mandated [1] 161:25
manipulate [3] 17:24, 24:5, 25:15
manner [11] - 13:16,
15:4, 86:19, 102:11,
103:3, 103:4, 117:25,
118:12, 119:12,
123:25
map [29] - 33:14,
34:3, 34:7, 34:11,
34:14, 34:16, 35:19,
63:17, 63:21, 63:22,
72:14, 72:15, 72:22,
73:8, 74:11, 74:13,
74:15, 75:9, 77:3,
77:4, 77:8, 83:5,
84:20, 85:2, 158:1,
158:4, 159:8, 160:9
Map [2] - 5:4, 5:23
maps [2] - 62:18,
62:20
march [1] - 172:3
March [8] - 19:2,
49:5, 56:16, 58:19,
90:3, 171:25, 175:25,
179:9
Margaret [3] 163:22, 163:23,
163:24
mark [2] - 151:1,
151:6
marked [18] - 46:25,
62:17, 63:17, 78:3,
93:11, 98:13, 105:23,
126:25, 143:25,
145:7, 151:11,
151:20, 151:22,
151:24, 154:9,
168:10, 189:16
market [2] - 24:14,
118:21
Market [1] - 77:11
marking [1] - 151:8
married [8] - 17:18,
53:15, 164:1, 175:2,
175:3, 201:8, 201:9
Marriott [14] - 19:6,
47:12, 48:2, 48:13,
56:15, 57:9, 57:13,
59:16, 60:1, 60:8,

72:10, 143:21,
145:11, 159:18
Mart [2] - 34:16,
35:22
Martin [1] - 30:10
Mary [1] - 145:3
master [2] - 162:9,
162:12
match [7] - 68:3,
70:10, 160:8, 163:11,
163:18, 164:6, 164:25
matches [1] - 70:13
material [3] - 12:3,
47:4, 62:8
materials [1] 121:25
math [4] - 86:4,
149:4, 149:6, 149:19
matter [14] - 10:15,
12:6, 31:17, 78:11,
85:18, 94:3, 97:19,
112:8, 176:16, 181:5,
187:4, 198:15,
203:24, 204:17
matters [2] - 11:12,
31:3
McCoy [2] - 222:4,
222:21
MCCOY [1] - 222:22
McDuffee [41] - 5:19,
6:24, 18:25, 41:16,
41:18, 45:23, 46:9,
50:9, 58:10, 59:2,
69:11, 69:12, 76:11,
83:19, 84:14, 145:3,
163:8, 163:9, 165:24,
167:12, 170:3,
170:11, 170:14,
170:22, 171:10,
172:3, 173:13,
174:23, 175:23,
179:6, 182:13,
189:20, 190:5, 198:6,
200:3, 202:9, 203:16,
204:13, 206:11
MCDUFFEE [2] - 4:6,
170:7
McDuffee.... [1] 3:17
mean [16] - 36:8,
131:2, 136:16,
136:17, 136:22,
137:2, 173:21,
173:23, 180:16,
195:7, 197:24, 201:7,
202:1, 206:24, 207:2
meaning [1] - 187:6
means [4] - 23:22,
29:11, 99:7, 217:12
meant [1] - 136:14
meet [4] - 128:25,
176:1, 187:11, 188:13
meeting [22] -
238
171:19, 171:21,
171:22, 171:23,
172:10, 172:13,
172:23, 173:12,
173:15, 175:18,
175:24, 176:3, 176:6,
176:11, 177:1, 178:8,
183:15, 186:18,
187:1, 214:20, 215:2,
216:24
meetings [8] - 115:8,
115:9, 172:12,
173:17, 179:10,
187:6, 212:7, 213:23
meets [1] - 175:9
member [3] - 113:4,
170:23, 198:24
members [14] 18:24, 20:7, 23:19,
25:16, 91:7, 91:10,
111:17, 130:10,
135:9, 176:20, 187:3,
188:6, 195:10, 202:13
memories [1] - 94:21
memory [8] - 12:7,
89:1, 89:17, 140:17,
144:6, 153:16,
159:21, 167:4
men [1] - 201:8
mental [2] - 52:13,
217:13
mentally [2] - 107:10
mention [4] - 12:5,
32:8, 32:9, 36:1
mentioned [4] 102:6, 174:2, 178:16,
193:1
mentions [1] 121:11
merely [1] - 109:10
merge [1] - 217:12
Mervin [1] - 160:4
message [2] - 12:15,
205:2
met [2] - 46:2, 175:5
metes [1] - 69:8
Microsystems [5] 6:18, 154:14, 154:15,
154:20, 155:17
mid [1] - 147:12
mid-June [1] 147:12
middle [4] - 9:25,
34:2, 43:20, 48:3
might [9] - 20:3,
22:18, 33:22, 64:2,
90:4, 145:1, 205:15,
218:8, 218:20
Mike [1] - 129:5
miller [1] - 44:10
Miller [2] - 33:1, 43:5
mind [9] - 52:22,
88:25, 89:17, 136:10,
216:2, 216:10,
216:15, 216:25,
217:13
mindset [1] - 220:22
mine [3] - 31:9,
31:14, 149:6
minute [2] - 169:24,
199:12
minutes [4] - 61:9,
141:14, 173:17,
217:17
misdemeanor [1] 82:19
missing [1] - 94:4
mission [1] - 20:9
misspoke [1] - 148:7
misstated [1] - 97:21
mistake [3] - 30:15,
95:13, 146:21
mistrial [1] - 204:8
Mistrial......... [1] 3:18
misunderstood [1] 109:12
mixing [1] - 190:20
moment [5] - 12:12,
15:4, 45:17, 93:25,
177:21
Monday [1] - 94:24
monetary [1] - 27:22
money [7] - 148:5,
200:13, 200:20,
201:24, 203:4,
203:22, 215:7
MONTGOMERY [2] 1:5, 222:3
Montgomery [25] 1:22, 6:16, 16:10,
30:22, 36:16, 36:20,
54:5, 54:12, 72:21,
81:9, 81:16, 85:19,
97:7, 106:14, 118:6,
119:9, 124:23,
126:20, 181:6,
209:17, 211:6, 211:8,
219:10, 222:5, 222:24
month [8] - 78:12,
90:3, 152:13, 153:10,
171:23, 180:23,
211:23, 211:24
months [5] - 144:16,
144:17, 150:24,
156:22, 172:7
morning [7] - 10:20,
10:21, 30:6, 30:7,
188:20, 189:13,
195:14
mornings [1] 196:25
most [8] - 26:6, 28:4,
37:11, 37:14, 38:8,
135:11, 170:18,
186:13
mostly [1] - 198:9

motel [1] - 201:9
Motion [2] - 3:6, 3:18
motion [8] - 8:8,
8:20, 9:6, 10:1, 10:12,
21:24, 32:7, 32:8
motivation [1] 52:10
motive [2] - 65:13,
178:14
Motor [4] - 165:8,
165:15, 165:18, 166:6
move [10] - 17:5,
34:24, 45:5, 60:20,
74:6, 103:18, 155:15,
158:21, 187:22, 204:8
moved [4] - 13:23,
170:25, 187:12,
188:16
moves [1] - 8:20
moving [5] - 73:20,
82:22, 104:5, 147:3,
188:10
MR [373] - 8:5, 8:7,
8:10, 8:16, 8:18, 9:8,
9:11, 9:20, 9:23, 9:24,
10:8, 16:8, 17:6,
17:11, 20:14, 20:18,
20:21, 20:25, 21:3,
21:5, 21:7, 21:12,
21:18, 22:2, 22:4,
22:11, 22:21, 22:25,
23:2, 23:7, 26:11,
26:14, 27:3, 27:5,
27:7, 28:14, 28:15,
29:5, 29:21, 30:5,
31:19, 31:23, 32:1,
32:2, 32:4, 32:7,
32:13, 32:18, 32:21,
33:13, 33:16, 33:20,
40:8, 40:11, 40:14,
42:15, 42:20, 42:23,
43:10, 43:12, 43:15,
47:6, 47:8, 47:10,
47:19, 47:21, 47:23,
48:15, 48:19, 48:23,
49:1, 52:7, 52:9,
52:12, 52:19, 53:2,
53:3, 53:9, 53:13,
54:10, 54:13, 54:15,
60:16, 60:20, 61:6,
61:16, 61:18, 61:21,
61:25, 62:1, 62:3,
62:16, 62:18, 63:6,
63:11, 63:15, 63:16,
63:18, 63:20, 63:24,
64:6, 65:4, 65:6,
65:20, 65:25, 66:3,
66:5, 66:8, 66:12,
66:14, 66:18, 66:20,
66:24, 67:1, 67:6,
67:8, 67:12, 67:13,
67:16, 67:21, 68:2,
70:5, 70:6, 70:21,

71:7, 71:21, 71:24,
72:3, 72:4, 72:8,
72:24, 73:1, 73:5,
73:7, 73:11, 73:16,
73:21, 73:23, 73:25,
74:8, 74:9, 75:5, 75:8,
77:4, 77:6, 77:8, 79:5,
79:8, 81:15, 81:17,
81:20, 84:1, 84:3,
84:5, 86:12, 86:15,
86:17, 86:23, 87:2,
87:4, 87:10, 87:21,
88:1, 88:4, 88:8, 88:9,
88:15, 89:11, 89:16,
91:17, 91:22, 92:1,
92:3, 93:17, 93:19,
93:25, 94:3, 94:13,
94:14, 94:16, 96:6,
97:1, 97:3, 99:2, 99:4,
99:16, 99:20, 99:24,
100:1, 100:4, 100:10,
100:13, 100:17,
100:19, 101:1, 101:4,
101:5, 101:6, 101:15,
101:20, 101:22,
101:25, 102:5,
102:18, 102:25,
108:15, 108:17,
117:16, 117:19,
117:22, 118:16,
118:18, 118:25,
119:4, 119:5, 119:7,
123:16, 123:23,
124:5, 124:8, 124:16,
124:19, 124:22,
125:2, 125:3, 125:7,
125:8, 125:11,
125:12, 125:14,
125:16, 125:19,
125:21, 125:22,
126:3, 126:6, 126:9,
126:15, 128:3, 128:6,
128:8, 130:1, 130:2,
130:5, 132:6, 132:11,
132:15, 136:1, 136:2,
136:5, 137:11,
137:13, 137:16,
138:12, 138:21,
139:5, 139:10,
139:13, 139:16,
139:17, 139:22,
140:5, 140:10,
140:15, 140:23,
141:2, 141:7, 141:9,
141:11, 141:21,
142:1, 142:8, 145:9,
145:13, 145:16,
151:1, 151:3, 151:10,
151:14, 151:18,
152:14, 152:16,
152:19, 152:22,
153:2, 154:18,
154:21, 154:24,

155:1, 157:10,
157:16, 157:18,
160:25, 161:4, 161:7,
161:9, 162:20,
162:23, 165:17,
165:20, 166:5, 166:8,
166:13, 168:4, 168:5,
168:9, 169:11,
169:13, 169:15,
169:17, 170:3,
170:10, 173:1, 173:6,
173:10, 173:12,
174:7, 174:11,
174:14, 174:18,
174:22, 175:6, 175:8,
175:11, 175:14,
175:16, 175:23,
176:7, 176:10,
176:19, 176:21,
177:4, 177:10,
177:17, 178:2, 178:8,
178:20, 179:1, 179:3,
179:6, 182:6, 182:12,
183:21, 184:3,
184:10, 184:14,
184:18, 184:24,
185:3, 190:1, 190:2,
190:5, 199:3, 199:4,
199:7, 199:10,
199:22, 199:24,
200:2, 202:7, 202:9,
204:2, 204:4, 204:8,
204:13, 206:8,
206:10, 218:10,
218:13, 221:4, 221:7,
221:10, 221:11
MUD [3] - 38:23,
97:19, 97:20
MUDS [2] - 38:12,
38:15
multiple [9] - 22:14,
39:21, 39:22, 40:6,
91:5, 112:23, 146:2,
146:13
Municipal [3] 38:12, 38:14, 38:17
municipal [1] - 38:22
municipalities [2] 37:12, 38:8
municipality [3] 37:16, 38:4, 97:22
Murray [1] - 164:18
must [5] - 13:11,
14:12, 82:12, 109:12,
174:12
MY [1] - 222:18
N
name [32] - 10:6,
16:8, 30:9, 30:12,
42:3, 44:9, 44:10,
48:4, 51:18, 69:7,
239
126:19, 142:11,
142:12, 143:17,
145:24, 149:9, 150:3,
150:19, 155:16,
156:11, 164:1, 164:2,
166:1, 170:19, 174:2,
174:3, 189:11,
194:14, 202:12,
211:2, 214:1, 214:3
named [1] - 128:19
names [11] - 32:25,
46:17, 48:8, 48:11,
51:20, 144:21,
144:22, 144:23,
146:13, 188:16
Nancy [2] - 83:22,
83:24
narrative [1] - 75:6
nature [5] - 80:19,
81:1, 86:23, 87:5,
88:10
near [12] - 42:10,
42:11, 42:13, 69:10,
74:18, 75:13, 75:17,
75:20, 76:7, 76:24,
77:12, 104:15
necessarily [1] 133:2
necessary [1] 73:18
need [17] - 10:4,
10:12, 10:13, 12:16,
39:23, 39:24, 61:11,
63:22, 74:6, 144:6,
154:21, 184:4,
184:20, 192:3, 199:7,
215:6, 220:12
needed [4] - 137:24,
187:17, 203:21,
210:23
needs [1] - 135:21
negligent [1] 218:19
neighbor [1] - 185:8
Neill [4] - 33:1, 43:5,
44:12
nervous [1] - 172:1
never [21] - 15:18,
19:15, 19:21, 20:2,
31:13, 87:19, 123:5,
174:1, 183:15, 189:2,
189:3, 191:14,
196:25, 197:1,
200:17, 202:3, 209:2,
209:11, 210:15,
219:15, 219:17
newspaper [8] 11:24, 114:6, 135:18,
141:3, 189:13, 194:9,
195:18, 195:20
newspapers [1] 191:1
next [21] - 34:20,
56:23, 60:18, 75:7,

125:20, 141:25,
146:20, 147:8, 148:3,
149:1, 153:10, 156:2,
170:2, 174:21,
184:15, 186:18,
186:24, 188:20,
192:4, 196:13, 203:1
nice [2] - 80:5,
221:19
night [54] - 17:22,
19:16, 19:22, 19:25,
22:13, 49:18, 50:19,
51:5, 52:1, 56:1, 56:4,
56:18, 56:19, 56:22,
57:10, 57:13, 58:2,
58:4, 59:16, 59:18,
59:23, 59:24, 60:2,
90:2, 90:25, 148:16,
151:25, 152:3, 152:4,
152:7, 153:8, 185:20,
185:24, 186:1, 186:4,
186:7, 186:10, 189:2,
189:3, 197:18,
197:25, 200:19,
202:15, 215:1,
217:24, 217:25
nights [17] - 23:15,
148:9, 148:14, 149:3,
149:10, 149:14,
149:22, 149:23,
150:2, 150:14, 151:4,
151:5, 151:20,
151:22, 152:3,
202:24, 204:23
nilly [1] - 27:10
nine [2] - 55:13,
106:2
Ninth [1] - 9:3
ninth [1] - 45:22
NO [8] - 1:2, 1:2, 2:3,
2:4, 2:9, 5:3, 6:3, 7:3
nobody [1] - 29:5
none [2] - 196:22,
199:2
nonetheless [1] 177:7
nonresponsive [3] 48:24, 60:17, 174:19
nonverbal [1] 184:12
normal [2] - 13:10,
81:5
normally [1] - 80:8
North [8] - 40:25,
57:23, 69:2, 76:20,
79:16, 160:6, 167:7,
170:25
north [4] - 35:4, 35:9,
35:18
NOT [2] - 61:14,
96:15
note [5] - 12:2,
47:25, 50:4, 50:5,

80:3
note-taking [1] 12:2
noted [2] - 65:9, 72:5
notes [4] - 12:3,
12:11, 50:2, 53:19
nothing [4] - 141:9,
169:13, 203:10
notice [6] - 12:2,
73:14, 83:24, 85:24,
145:17, 187:2
noticed [1] - 145:11
noticing [2] - 145:19,
145:21
notification [1] 127:6
notify [1] - 82:12
notions [2] - 190:9,
190:11
Number [5] - 45:8,
67:25, 68:16, 105:24,
168:11
number [21] - 10:5,
24:12, 44:7, 51:6,
54:2, 56:7, 57:5, 57:7,
61:24, 62:16, 63:24,
93:6, 106:2, 108:17,
148:11, 150:14,
159:7, 161:25, 162:8,
200:5, 214:17
numbered [4] - 1:20,
37:4, 37:5, 222:10
numbers [3] - 9:4,
62:15, 67:23
numerous [1] 155:6
O
o'clock [1] - 221:16
Oak [1] - 163:17
Oaks [1] - 79:21
oath [3] - 11:1, 13:3,
14:12
oaths [1] - 16:12
object [33] - 13:22,
42:20, 48:15, 48:17,
48:23, 52:14, 52:21,
60:16, 61:21, 62:3,
62:12, 75:5, 84:1,
86:12, 87:4, 87:7,
88:4, 88:9, 91:17,
93:17, 99:4, 125:16,
128:3, 128:4, 138:12,
139:5, 139:13, 161:2,
166:10, 173:1, 173:4,
174:14, 176:25
objecting [3] - 62:4,
65:6, 65:7
objection [71] 10:11, 13:11, 13:13,
13:15, 13:24, 22:4,

27:3, 27:4, 32:12,
32:21, 33:17, 33:19,
40:12, 43:12, 47:8,
47:21, 52:7, 52:24,
65:9, 66:17, 71:22,
72:4, 79:5, 81:17,
86:16, 87:21, 87:23,
89:11, 94:14, 99:3,
99:16, 100:16, 101:8,
101:21, 118:16,
123:16, 124:19,
125:4, 125:12, 132:6,
136:1, 145:14, 151:1,
151:13, 152:14,
152:24, 154:24,
157:16, 160:25,
161:5, 162:20, 166:8,
166:12, 174:7,
174:17, 174:18,
175:6, 175:11,
175:19, 176:8,
176:22, 177:17,
178:25, 182:6,
182:10, 190:3,
199:20, 204:2,
218:10, 221:11
objectionable [3] 22:9, 32:14, 177:18
objections [6] - 13:9,
54:13, 64:4, 67:9,
73:2, 173:2
objects [3] - 13:8,
13:12, 13:24
observed [1] - 61:18
obtain [9] - 12:25,
48:11, 54:4, 54:7,
66:1, 81:8, 81:14,
143:13, 143:14
obtained [1] - 144:3
obvious [1] - 184:21
obviously [2] 189:13, 203:16
occasion [2] - 52:11,
77:17
occasions [1] 135:6
occupancy/
capacity [1] - 53:25
occupants [2] 53:20, 200:24
occur [1] - 114:3
occurred [4] - 103:7,
113:10, 177:1, 222:11
occurring [2] 147:15
ocean [1] - 26:17
odd [1] - 37:5
odd-numbered [1] 37:5
OF [10] - 1:1, 1:4,
23:3, 32:16, 67:4,
102:3, 179:4, 185:1,

222:2, 222:3
offended [1] - 11:9
offense [6] - 28:9,
176:24, 178:14,
178:23, 219:13,
219:21
offenses [1] - 177:11
offer [18] - 9:9,
33:13, 40:8, 54:11,
63:22, 64:1, 64:3,
66:22, 66:24, 66:25,
67:1, 72:24, 124:16,
124:18, 145:10,
157:10, 157:15,
214:13
offered [6] - 63:9,
71:24, 79:8, 176:16,
180:2, 191:5
OFFERED [3] - 5:3,
6:3, 7:3
offering [1] - 43:10
offers [10] - 42:15,
47:7, 47:19, 67:6,
81:15, 94:13, 97:22,
154:18, 165:17, 166:5
office [48] - 25:21,
39:21, 44:7, 45:10,
97:10, 97:11, 97:16,
111:8, 112:22,
112:23, 120:12,
120:15, 122:15,
124:10, 124:23,
128:10, 128:12,
130:13, 130:24,
135:9, 137:1, 142:12,
142:15, 142:16,
142:19, 155:22,
156:11, 173:16,
174:25, 175:5,
175:10, 175:18,
176:1, 179:10,
180:20, 180:21,
181:7, 182:4, 183:3,
183:7, 187:11, 198:9,
202:4, 204:24,
204:25, 208:14,
208:24, 215:2
officer [8] - 161:12,
161:21, 161:24,
162:1, 162:6, 162:7,
162:9, 162:13
officer's [1] - 156:2
offices [1] - 116:17
official [5] - 74:11,
113:18, 113:19,
122:10, 187:2
Official [2] - 222:4,
222:23
OFFICIAL [1] 222:18
officials [3] - 11:3,
27:9, 136:17
often [1] - 133:12
240
older [1] - 104:9
ON [6] - 20:17,
31:22, 66:7, 99:14,
177:22, 184:6
Once [1] - 88:4
once [6] - 22:15,
135:7, 140:11, 149:4,
191:14, 201:4
one [114] - 11:7,
11:16, 13:11, 13:23,
14:21, 17:21, 22:13,
24:13, 26:17, 26:18,
26:25, 28:3, 28:8,
28:24, 30:17, 34:10,
34:20, 38:18, 44:22,
45:8, 45:9, 45:15,
49:24, 50:6, 50:7,
50:12, 50:17, 50:23,
51:3, 51:7, 51:10,
53:20, 54:23, 55:10,
55:22, 56:4, 56:22,
58:2, 58:8, 59:18,
60:2, 61:4, 62:17,
64:2, 64:13, 64:14,
66:6, 67:2, 69:9, 77:6,
78:24, 83:19, 83:22,
90:8, 93:25, 98:8,
111:15, 111:16,
112:2, 112:12,
112:14, 123:21,
124:24, 127:25,
128:11, 129:15,
129:22, 131:18,
145:4, 146:13,
146:14, 148:4,
148:25, 150:19,
154:3, 155:9, 157:14,
159:7, 164:1, 165:4,
173:24, 174:4,
174:24, 175:17,
186:12, 187:25,
188:8, 191:25,
192:15, 192:25,
195:5, 195:9, 197:4,
197:7, 197:17,
197:18, 202:15,
207:14, 207:15,
211:2, 212:19,
214:25, 215:10,
216:25, 218:11,
219:22, 220:11
one-man [1] - 64:13
ones [6] - 139:24,
150:10, 174:4,
177:13, 183:24,
183:25
online [1] - 95:23
open [5] - 174:5,
175:15, 198:17,
220:7, 222:11
OPEN [1] - 8:1
open-ended [1] 175:15
opened [1] - 139:20

opening [6] - 12:9,
15:7, 17:4, 17:7,
26:10, 26:12
Opening [2] - 3:10,
3:11
operating [1] - 99:10
operation [1] 193:12
opinion [10] - 9:1,
9:10, 20:23, 71:14,
119:20, 129:18,
139:14, 207:22,
214:9, 214:11
opinions [2] 130:12, 135:25
opportunity [15] 15:11, 15:16, 15:21,
21:20, 21:23, 25:8,
77:20, 81:8, 86:8,
100:22, 101:8,
152:24, 153:25,
154:5, 173:4
opposed [1] - 9:20
opposing [1] - 9:5
options [1] - 205:15
or.. [1] - 170:17
oral [1] - 8:8
order [9] - 12:25,
17:23, 19:19, 71:2,
75:3, 107:16, 145:18,
161:14, 163:3
organized [4] 16:11, 143:12,
145:23, 145:24
oriented [1] - 31:3
original [1] - 183:25
originally [1] - 112:4
ostensibly [1] 107:4
otherwise [1] - 31:5
ought [1] - 101:19
outcome [4] - 14:20,
17:24, 22:23, 25:15
outside [29] - 9:25,
10:14, 12:16, 17:19,
18:17, 28:25, 29:4,
29:12, 29:13, 41:4,
41:6, 41:24, 41:25,
72:19, 75:11, 75:13,
75:14, 75:17, 76:1,
76:5, 76:9, 76:13,
76:18, 76:21, 77:1,
100:25, 117:2,
174:10, 178:18
outweighed [1] 65:16
overhead [3] - 40:15,
40:16, 54:16
overrule [23] - 13:13,
13:25, 32:23, 48:18,
65:10, 71:23, 72:5,
86:14, 87:1, 87:6,
87:22, 88:6, 88:11,

89:13, 100:16,
118:23, 123:20,
132:12, 136:3, 139:8,
140:14, 162:22,
183:23
overruled [3] - 73:3,
166:12, 179:2
own [5] - 12:7, 37:12,
208:11, 216:1, 216:2
owned [3] - 69:23,
117:2, 119:2
owners [2] - 98:3,
98:4
owns [3] - 17:18,
17:20, 17:21
P
pack [1] - 94:4
packed [1] - 24:13
packet [3] - 78:22,
145:7, 158:7
pad [2] - 79:1,
188:19
PAGE [1] - 3:3
page [19] - 35:19,
40:16, 48:5, 49:7,
50:1, 93:6, 95:12,
98:17, 105:24, 135:2,
146:11, 146:17,
146:20, 147:3, 147:9,
150:19, 166:21,
195:9, 203:1
Page [1] - 129:5
pages [2] - 146:2,
189:22
paid [8] - 38:16,
38:17, 97:24, 97:25,
148:24, 188:15,
214:11, 222:17
panel [1] - 24:16
Panther [1] - 35:2
pantry [1] - 80:10
paper [11] - 123:2,
136:23, 137:2, 183:2,
194:4, 194:19,
207:21, 212:9,
212:11, 214:14
papers [11] - 90:10,
119:20, 132:23,
132:24, 133:13,
133:14, 192:19,
207:14, 212:9,
212:19, 212:21
paperwork [1] 190:25
paragraph [1] 62:11
parcel [1] - 35:15
pardon [1] - 153:10
pardoned [1] - 107:2
parents [2] - 66:22

parents' [3] - 66:15,
70:17, 76:24
Park [2] - 35:20,
35:24
park [2] - 115:3,
181:12
Parkway [8] - 34:8,
34:10, 34:13, 34:17,
35:1, 35:4, 74:20,
97:12
parole [1] - 107:1
part [22] - 13:20,
30:11, 34:21, 35:1,
35:3, 37:25, 38:20,
65:12, 77:21, 97:5,
97:9, 99:18, 103:25,
104:7, 105:20,
115:25, 161:23,
172:19, 175:4,
176:23, 179:13,
193:12
partially [2] - 55:15,
107:10
participants [1] 11:3
participated [2] 188:21, 188:23
particular [8] - 12:6,
40:18, 89:14, 112:8,
135:20, 145:17,
146:2, 166:12
parties [7] - 9:12,
15:23, 24:16, 28:17,
96:17, 222:9, 222:14
party [2] - 14:21,
28:21
pass [7] - 96:6,
130:1, 140:23, 168:4,
199:3, 200:13, 206:8
Pass [1] - 119:4
passage [1] - 102:16
past [2] - 77:11,
182:5
pastoral [1] - 159:9
Pastoral [15] - 55:6,
68:18, 76:4, 78:1,
83:10, 87:15, 89:8,
89:19, 92:23, 95:11,
118:13, 155:19,
155:25, 156:17, 159:8
path [1] - 31:24
patience [1] - 221:18
PAUSE [1] - 10:16
Pavilion [3] - 34:5,
115:3, 115:4
pay [15] - 36:12,
38:19, 38:23, 39:1,
39:4, 39:5, 39:6, 39:9,
39:11, 117:5, 165:12,
180:11, 202:3,
203:22, 214:9
paying [2] - 38:20,

184:7
payment [2] - 149:1
pays [2] - 39:8
peace [7] - 16:21,
161:12, 161:24,
162:5, 162:7, 162:9,
162:12
pen [1] - 13:22
penal [3] - 121:12,
121:13, 161:16
Penal [2] - 13:19,
82:20
penalties [1] 121:18
penalty [3] - 19:14,
82:14, 107:13
people [62] - 18:15,
18:17, 22:19, 24:25,
28:24, 33:22, 39:21,
39:22, 40:7, 43:1,
43:22, 50:8, 51:11,
53:21, 64:23, 78:19,
90:24, 91:2, 91:5,
91:13, 98:21, 99:21,
100:20, 101:3,
109:17, 111:11,
112:22, 112:25,
114:10, 114:11,
114:12, 114:13,
114:16, 114:19,
114:21, 115:4, 115:8,
115:11, 115:12,
115:18, 115:19,
115:23, 116:3,
116:20, 117:8, 118:9,
121:6, 122:14,
129:24, 131:2, 131:4,
131:6, 134:7, 136:11,
170:18, 175:9,
176:13, 198:3,
205:16, 209:6,
209:20, 214:10
people's [1] - 218:3
per [2] - 148:16,
200:22
perceive [1] - 184:11
perceived [2] - 25:5,
27:24
perform [1] - 12:21
performed [1] 36:10
perhaps [1] - 26:6
period [29] - 48:12,
49:2, 53:6, 64:17,
71:1, 78:15, 97:7,
107:1, 110:5, 110:7,
110:8, 113:20, 144:7,
144:10, 144:16,
147:11, 149:14,
155:13, 160:22,
162:15, 162:17,
175:12, 175:17,
175:21, 177:14,
241
182:14, 197:9,
202:11, 204:18
periods [1] - 203:12
perjury [5] - 19:15,
55:17, 106:5, 107:13,
108:4
permanent [13] 40:21, 40:24, 41:17,
57:19, 58:13, 58:17,
59:6, 59:8, 69:15,
131:14, 131:24,
132:13, 132:16
permission [1] - 73:5
permitted [1] - 11:23
perpetrated [1] 178:15
person [21] - 26:18,
26:19, 79:12, 82:2,
108:19, 110:3, 111:6,
113:2, 123:9, 123:13,
131:1, 133:13,
133:17, 146:1,
174:22, 194:11,
210:2, 214:24, 216:1
person's [1] - 52:22
person/what [1] 79:17
personal [5] - 12:4,
12:7, 24:12, 80:18,
90:9
personally [6] - 53:5,
77:18, 111:13,
182:17, 207:20,
209:16
personnel [1] - 50:6
pertain [4] - 64:7,
67:17, 157:20, 158:23
pertaining [3] 144:8, 147:12, 154:13
Pete [10] - 18:25,
45:7, 46:8, 58:7, 81:4,
82:23, 146:11, 176:4,
180:6, 196:6
peter [1] - 69:4
Peter [11] - 5:17,
5:22, 6:9, 6:23, 42:5,
70:18, 70:20, 76:24,
85:11, 144:24, 160:13
pets [1] - 94:19
PHASE [1] - 1:12
PHIL [1] - 126:12
Phil [7] - 3:15, 120:5,
125:21, 126:19,
181:8, 206:20, 211:21
PHIL......... [1] - 4:5
phone [4] - 12:17,
128:13, 128:14, 205:1
phones [1] - 12:13
photo [8] - 47:12,
191:15, 192:25,
194:8, 195:1, 195:7,
196:5
Photograph [1] - 5:9
photograph [9] 47:1, 47:11, 77:23,

78:25, 79:1, 80:11,
81:1, 192:13
photographed [1] 47:4
photographs [8] 78:6, 78:7, 78:18,
79:9, 80:18, 80:21,
94:5, 103:14
photos [19] - 23:17,
24:17, 24:19, 78:9,
78:22, 79:2, 79:12,
94:7, 94:8, 94:10,
94:16, 189:23, 190:6,
192:20, 195:12,
195:24, 196:22,
197:2, 197:22
Photos [9] - 6:5, 6:6,
6:7, 6:8, 6:9, 6:11,
6:12, 6:13, 6:14
physical [3] - 13:8,
213:13, 217:14
physically [1] 183:14
pick [2] - 112:18,
180:15
picking [1] - 70:25
picture [4] - 192:1,
192:4, 192:6, 196:8
pictures [5] - 80:20,
189:12, 189:15,
191:8, 196:23
piece [1] - 183:2
pieces [1] - 188:7
Pines [32] - 19:6,
44:24, 45:4, 46:20,
47:11, 47:13, 48:2,
53:8, 55:3, 56:14,
57:3, 57:18, 58:5,
58:19, 58:21, 59:13,
59:21, 60:9, 60:23,
77:9, 77:13, 77:14,
95:17, 117:15,
143:23, 158:10,
158:12, 159:1, 159:6,
159:15, 168:1, 168:16
PK [1] - 8:24
place [19] - 31:18,
36:20, 40:17, 72:21,
86:3, 111:2, 113:12,
132:19, 132:21,
137:5, 155:22,
156:12, 171:19,
172:13, 172:14,
175:25, 176:17,
186:12
placed [1] - 175:12
places [1] - 116:21
placing [1] - 53:10
plan [9] - 9:9, 23:13,
179:20, 182:22,
182:23, 182:24,
182:25, 183:12,
183:18
planned [1] - 178:15
planning [1] - 104:5
plans [1] - 183:13
Plantation [2] - 76:7,
76:8
play [1] - 19:11
plead [3] - 15:6,
16:23, 219:13
pleasure [1] - 96:25
plenty [1] - 64:20
PLLC [1] - 222:17
plots [1] - 72:15
plus [2] - 51:14,
183:25
PO [4] - 2:5, 57:5,
57:7, 166:23
Point [2] - 76:3,
76:19
point [32] - 22:4,
22:14, 22:15, 49:6,
73:24, 74:9, 75:12,
75:16, 75:22, 76:2,
76:11, 76:15, 76:23,
87:18, 100:15,
100:19, 106:11,
106:21, 129:2, 129:8,
130:21, 175:25,
180:15, 181:5,
200:18, 203:17,
203:23, 204:17,
204:20, 205:3, 205:10
pointed [3] - 10:10,
77:10, 201:5
points [6] - 55:23,
74:13, 75:2, 75:9,
106:10, 107:24
police [2] - 161:21,
162:1
political [6] - 25:1,
27:14, 27:23, 114:5,
209:25, 210:3
politically [1] - 111:6
politics [1] - 174:6
polls [1] - 208:13
Pond [16] - 55:6,
68:18, 76:4, 78:1,
83:10, 87:15, 89:8,
89:19, 92:23, 95:11,
118:14, 155:19,
155:25, 156:17,
159:8, 159:9
pool [1] - 195:2
portfolio [1] - 192:8
portfolios [1] - 150:3
portion [5] - 34:23,
44:21, 75:6, 76:17,
182:9
portions [1] - 222:7
pose [1] - 195:11
posed [2] - 191:2,
192:13
position [26] - 40:19,

86:19, 99:21, 100:10,
100:12, 100:17,
101:15, 101:16,
109:5, 109:6, 110:16,
123:2, 130:25,
132:22, 132:24,
133:13, 133:14,
136:23, 137:2,
206:12, 207:14,
207:21, 212:9, 214:14
positions [2] - 128:9,
211:3
possibility [1] 133:10
possible [3] - 73:25,
182:13, 187:9
possibly [2] - 102:1,
177:1
post [3] - 51:24,
196:3, 196:4
post-election [3] 51:24, 196:3, 196:4
posted [1] - 183:2
potential [1] - 205:25
pouring [1] - 21:10
power [1] - 24:15
practice [5] - 30:19,
30:21, 30:25, 31:6,
40:1
practiced [1] - 97:4
practicing [1] - 133:7
pre [1] - 145:10
pre-filed [1] - 145:10
precedent [1] 175:17
precinct [2] - 16:19,
201:21
precious [1] - 28:4
predicate [1] - 66:21
prefer [1] - 178:19
prejudice [1] - 65:16
preliminary [1] - 8:6
premarked [1] 124:17
premature [1] 32:12
preparation [2] 188:11, 222:16
prescribed [1] 218:2
presence [4] 100:25, 213:13,
216:25, 217:12
PRESENT [7] - 8:2,
10:19, 61:14, 65:23,
96:15, 96:21, 141:24
present [13] - 8:13,
15:9, 15:17, 16:6,
16:12, 21:20, 78:21,
100:23, 135:11,
135:12, 135:13,
188:1, 217:5

presentation [1] 101:11

presented [6] - 11:6,
13:1, 13:7, 15:23,
16:4, 21:10
presenting [2] 15:14, 15:24
presentment [1] 16:14
president [7] - 156:2,
179:19, 179:24,
180:3, 180:11,
181:19, 208:15
presiding [1] - 1:21
pretty [6] - 63:21,
121:16, 140:18,
155:6, 175:15, 207:25
previous [5] - 39:15,
39:16, 156:13,
156:17, 157:1
previously [5] 40:11, 68:4, 73:2,
74:24, 89:10
price [2] - 24:14,
118:20
primarily [1] - 36:2
Prime [1] - 192:16
principal [4] 155:22, 156:11,
156:12
principally [3] - 33:8,
33:11, 36:3
principle [1] - 17:13
printed [2] - 99:8,
133:17
printout [3] - 95:23,
123:3, 130:17
private [2] - 124:11,
128:11
privy [1] - 212:7
probability [1] 14:22
probable [1] - 101:12
probate [1] - 107:9
probation [1] - 107:1
problem [6] - 25:6,
126:17, 199:11,
200:25, 201:3, 209:11
problems [2] 214:22, 220:3
Procedure [2] 13:19, 161:17
procedures [1] 13:10
proceed [13] - 15:3,
17:10, 23:4, 32:17,
65:24, 130:2, 168:6,
179:5, 180:8, 199:25,
213:3, 213:4, 219:5
proceeded [4] - 10:6,
219:7, 219:8
proceedings [4] 1:19, 11:5, 222:8,
242
222:13
Proceedings [1] 1:24
process [12] - 13:21,
24:9, 26:7, 27:14,
27:23, 28:1, 39:3,
39:4, 137:9, 209:25,
210:3
procure [5] - 19:19,
55:17, 92:5, 106:5,
108:4
produce [1] - 178:12
produced [1] - 49:8
professional [1] 114:4
proffered [2] - 62:14,
145:13
proffering [1] - 178:6
prohibits [1] - 11:12
projects [8] - 33:5,
36:9, 36:11, 36:13,
37:20, 37:23, 37:25,
39:12
promised [1] 205:19
proof [8] - 9:13,
10:10, 64:20, 86:24,
177:24, 178:23,
195:20
properly [2] - 14:3,
46:10
properties [10] 18:12, 18:16, 25:5,
35:16, 35:21, 36:1,
36:3, 64:8, 65:5,
74:24
property [20] - 33:10,
36:14, 39:10, 65:7,
68:3, 68:6, 68:9,
69:21, 69:24, 70:8,
77:25, 80:2, 84:6,
84:12, 84:18, 84:19,
90:16, 98:3, 98:4,
119:1
proposed [2] 173:16, 178:10
proposing [1] 61:19
propounded [1] 27:25
prosecuted [1] 133:24
prosecutor [1] 134:15
prosecutors [1] 15:5
prospective [1] 27:1
prove [4] - 15:19,
21:21, 64:21, 197:13
proven [1] - 161:1
provide [7] - 9:4,
14:12, 38:5, 38:9,
122:3, 128:10, 138:21

provided [9] - 33:16,
38:2, 38:3, 38:7,
38:11, 38:14, 40:11,
153:17, 156:23
provides [1] - 116:2
province [2] 139:16, 140:11
proving [1] - 178:24
provision [2] 121:12, 121:14
proximity [1] 156:21
public [7] - 11:3,
142:21, 155:4, 155:6,
155:10, 155:12,
214:20
Public [5] - 135:11,
154:1, 157:4, 158:18,
163:3
publication [1] 219:24
publish [2] - 73:12,
73:13
published [1] 195:21
pull [1] - 105:16
pulling [1] - 220:16
purchase [1] 165:11
purchased [1] 105:5
purpose [18] - 18:9,
25:14, 36:7, 36:8,
54:20, 64:21, 115:5,
118:8, 127:9, 127:10,
140:8, 176:18,
176:19, 189:10,
192:19, 195:18,
197:22, 203:13
purposefully [2] 19:11, 26:1
purposes [20] - 12:4,
18:18, 25:14, 27:19,
28:6, 71:2, 86:21,
93:11, 101:20, 109:1,
109:16, 110:22,
111:2, 119:14,
120:25, 121:3,
124:18, 134:17,
178:13, 220:20
pursuant [1] - 207:4
put [22] - 8:4, 8:15,
10:4, 24:14, 57:19,
85:24, 89:7, 100:8,
110:11, 130:24,
135:23, 161:6,
186:19, 187:8,
188:18, 188:24,
211:1, 211:13,
213:25, 216:12,
216:17, 216:19
puts [1] - 110:5
putting [4] - 38:24,

84:9, 214:3, 216:14
Q
qualifications [1] 162:12
qualified [4] - 82:8,
121:23, 122:2, 130:18
questioned [1] - 86:9
questioning [3] 13:12, 86:13, 139:6
questions [23] 77:5, 93:23, 117:16,
119:5, 120:22,
123:10, 124:5, 125:7,
125:8, 135:17,
137:11, 138:17,
141:7, 168:5, 169:11,
175:18, 181:15,
184:8, 199:19, 205:8,
214:8, 221:4, 221:7
quick [2] - 37:10,
166:19
quite [4] - 42:13,
61:21, 104:22, 200:3
quote/unquote [1] 188:10
R
radio [1] - 11:25
Rain [8] - 40:25,
57:24, 69:2, 76:20,
79:16, 85:6, 160:6,
167:7
raise [6] - 10:24,
11:5, 29:6, 38:24,
87:23, 170:4
Raise [1] - 142:2
raised [3] - 20:4,
61:17, 181:15
raising [2] - 36:11,
86:19
ran [3] - 17:25,
18:24, 201:21
Ranch [3] - 76:16,
84:18, 84:22
range [1] - 53:3
rate [1] - 148:14
rather [4] - 21:25,
24:3, 100:25, 135:24
re [6] - 43:10, 66:5,
112:16, 152:24,
220:9, 220:13
re-appointed [2] 220:9, 220:13
re-approach [1] 66:5
re-elected [1] 112:16
re-offering [1] -
43:10
re-urge [1] - 152:24
reached [2] - 204:23
read [29] - 11:24,
15:5, 15:24, 29:17,
45:16, 48:7, 55:14,
55:20, 82:13, 99:8,
106:2, 106:8, 107:18,
114:6, 114:8, 119:16,
120:1, 130:11, 132:1,
138:24, 138:25,
143:11, 158:2,
212:11, 212:19,
212:21, 220:17
reader [1] - 137:22
readers [1] - 122:1
reading [3] - 130:7,
191:1, 220:15
reads [2] - 82:17,
156:7
ready [7] - 29:16,
31:23, 61:15, 65:24,
96:19, 141:20
real [9] - 31:4, 31:6,
62:5, 66:14, 70:8,
166:19, 187:19,
188:15, 197:14
really [8] - 62:24,
134:4, 172:10,
177:23, 200:11,
200:14, 206:14,
220:23
realtime [2] - 99:6,
99:12
reason [13] - 21:15,
93:1, 103:17, 103:25,
108:24, 109:14,
187:11, 187:13,
187:14, 187:15,
187:19, 198:25,
207:24
reasonable [5] 9:15, 14:24, 17:8,
28:8, 118:20
reasonably [1] 111:7
reasons [3] - 65:16,
188:5, 188:9
rebuttal [1] - 139:17
receipt [2] - 102:10,
151:24
receive [6] - 145:6,
161:20, 162:5,
183:10, 207:16,
211:22
received [18] - 44:11,
44:12, 44:13, 55:25,
56:17, 123:13, 127:6,
144:19, 146:23,
161:14, 171:18,
172:24, 186:13,
187:4, 192:18,
206:17, 207:17,

211:21
receiving [1] - 181:4
recess [4] - 96:17,
96:23, 141:18, 199:17
recessed [1] 199:14
reckless [1] - 218:20
recognize [20] 30:17, 45:6, 45:25,
47:1, 47:23, 50:13,
54:17, 54:18, 54:19,
78:6, 84:19, 127:2,
144:1, 147:11, 150:6,
171:13, 189:18,
189:23, 191:25, 193:8
recollection [13] 39:17, 53:16, 89:4,
91:13, 93:6, 93:7,
93:9, 126:21, 129:12,
171:24, 173:14,
194:22, 201:13
recommended [1] 137:22
RECORD [7] - 1:1,
20:17, 31:22, 66:7,
99:14, 177:22, 184:6
record [28] - 8:15,
8:20, 9:24, 17:2, 40:9,
50:15, 64:20, 66:8,
67:19, 68:20, 69:1,
69:8, 69:19, 70:8,
79:8, 79:19, 93:16,
99:25, 101:9, 101:19,
101:20, 107:6,
124:20, 151:20,
160:14, 172:15,
174:5, 203:21
Record [3] - 222:10,
222:12, 222:16
recorded [1] - 12:8
Records [26] - 5:6,
5:8, 5:10, 5:11, 5:13,
5:14, 5:15, 5:16, 5:17,
5:18, 5:20, 5:21, 5:22,
6:4, 6:4, 6:19, 6:20,
6:21, 6:22, 6:23, 6:24,
6:25, 7:4, 7:5, 7:6, 7:8
records [99] - 12:25,
24:3, 42:16, 43:16,
47:16, 48:1, 48:12,
48:14, 48:16, 48:21,
48:22, 49:1, 49:3,
49:8, 51:25, 54:4,
54:7, 54:11, 55:24,
56:17, 57:8, 58:2,
58:6, 60:1, 60:14,
62:5, 64:8, 65:4, 65:5,
65:8, 66:1, 66:15,
66:16, 67:7, 67:25,
68:3, 68:9, 68:17,
68:25, 69:4, 69:21,
72:10, 75:3, 81:9,
81:11, 81:16, 85:20,
243
143:16, 144:1, 144:3,
144:8, 144:10,
144:19, 144:20,
145:11, 146:2, 146:4,
150:1, 150:8, 150:15,
151:15, 153:17,
153:18, 153:21,
153:24, 153:25,
154:6, 154:9, 154:13,
154:19, 157:4, 157:7,
157:11, 157:19,
157:20, 158:13,
158:15, 158:22,
159:11, 159:19,
160:2, 160:11, 163:7,
163:14, 163:20,
165:5, 165:9, 165:14,
165:19, 165:20,
165:21, 165:23,
166:6, 166:14,
168:13, 185:17,
198:17, 202:10
RECROSS [2] 119:6, 141:1
RECROSSEXAMINATION [2] 119:6, 141:1
recruit [1] - 185:9
rectify [1] - 220:3
red [4] - 35:14,
77:11, 77:13, 84:8
redact [1] - 73:19
redacted [1] - 62:23
redirect [3] - 117:19,
138:14, 221:6
REDIRECT [3] 117:21, 124:7, 137:15
refer [2] - 67:22,
95:12
reference [4] 121:25, 123:7, 158:9,
162:25
references [1] - 69:7
referral [4] - 143:1,
143:7, 143:10, 153:5
referred [4] - 12:20,
66:10, 122:12, 189:25
referring [3] - 42:9,
67:19, 130:6
reflect [5] - 9:24,
71:13, 150:15,
150:18, 153:21
reflected [1] - 98:17
reflects [3] - 80:11,
80:20, 222:13
refrain [1] - 108:15
refresh [9] - 12:7,
89:1, 89:16, 93:6,
93:7, 94:21, 144:6,
153:16, 167:4
refreshes [2] - 89:3,
93:9
regard [7] - 53:4,
80:2, 89:5, 163:6,

163:14, 163:20, 205:5
regarding [12] 31:18, 54:7, 87:11,
90:4, 92:4, 95:20,
128:16, 135:23,
143:7, 154:10,
161:10, 181:5
regards [8] - 51:22,
70:14, 80:16, 81:3,
127:14, 137:25,
183:19, 200:19
region [1] - 33:21
register [11] - 19:24,
27:2, 108:25, 109:15,
112:22, 128:17,
131:19, 148:3,
210:14, 210:20, 216:5
registered [26] 19:23, 25:22, 49:23,
49:25, 50:6, 50:21,
51:9, 89:18, 98:21,
98:23, 99:17, 100:13,
108:8, 109:21,
111:17, 114:10,
114:12, 121:2, 127:7,
127:11, 127:20,
127:24, 155:5,
155:11, 167:7, 182:25
registering [1] 169:5
registers [1] - 131:18
registrar [4] 109:20, 109:23,
113:19, 113:20
registrar's [2] 114:17, 114:19
Registration [3] 5:12, 7:8, 54:22
registration [63] 19:5, 19:14, 19:20,
49:10, 49:12, 50:15,
50:24, 50:25, 51:3,
51:4, 51:12, 53:15,
54:8, 55:17, 56:8,
56:11, 56:23, 56:25,
57:12, 57:15, 57:25,
58:16, 58:20, 59:1,
64:16, 69:16, 69:25,
70:11, 70:17, 71:11,
71:12, 71:15, 75:4,
88:2, 88:7, 88:20,
89:8, 92:4, 92:5, 99:1,
105:18, 106:1, 106:5,
108:4, 108:19, 109:9,
110:13, 122:4,
123:11, 134:9, 165:9,
165:10, 168:21,
180:16, 180:17,
180:18, 180:19,
183:4, 183:9, 185:12,
198:12, 216:13,
216:18
registrations [5] 19:8, 49:4, 51:1,

105:14, 168:2
regularly [2] - 175:5,
175:9
Reiter [1] - 8:24
relating [1] - 178:23
relation [6] - 31:15,
60:4, 74:12, 75:10,
178:5, 178:6
relationship [2] 14:21, 31:10
relative [1] - 90:23
released [3] - 11:13,
29:18, 125:14
relevance [5] - 52:7,
99:17, 99:19, 99:20,
175:11
relevancy [1] - 178:6
relevant [17] - 14:8,
52:9, 62:8, 62:10,
62:24, 63:11, 65:15,
100:7, 101:5, 101:9,
101:10, 132:8,
147:13, 155:13,
177:24, 178:16,
182:10
rely [2] - 115:22,
115:23
remain [1] - 29:12
remaining [1] - 149:2
remains [1] - 24:22
remedies [1] - 24:1
remember [50] 11:7, 11:23, 15:18,
62:10, 88:24, 89:14,
90:23, 91:2, 91:5,
91:6, 96:11, 102:5,
102:9, 102:12,
102:23, 102:25,
103:14, 104:7,
104:14, 104:25,
105:4, 105:17,
105:19, 116:14,
119:23, 123:1,
135:17, 135:20,
173:18, 176:4, 181:4,
187:24, 192:7,
194:13, 194:24,
209:5, 213:6, 215:16,
215:24, 215:25,
216:2, 216:25, 220:2,
220:3, 220:15,
220:16, 221:16
Remember [1] 132:15
remembered [1] 123:1
remind [1] - 128:16
render [1] - 13:3
rendered [1] - 8:24
rendition [1] 151:15
renew [6] - 71:21,

72:4, 73:1, 162:20,
176:21, 177:17
renewed [1] - 140:17
rent [4] - 23:14,
52:10, 132:21, 188:13
rented [9] - 19:21,
23:17, 149:13,
149:21, 185:18,
185:19, 200:3, 200:6,
203:9
renting [2] - 21:17,
24:11
repeat [1] - 183:17
rephrase [5] - 52:24,
138:20, 175:7,
175:20, 210:21
replaced [1] - 113:4
replaces [2] - 113:5,
113:7
replete [1] - 100:1
reply [1] - 160:22
report [6] - 11:15,
29:17, 155:5, 155:11,
155:14, 156:8
reported [2] - 1:24,
222:11
Reporter [2] - 222:4,
222:23
reporter [6] - 30:13,
53:11, 135:21, 141:3,
170:20, 171:7
reporter's [2] 203:21, 222:1
REPORTER'S [1] 1:1
Reporter's [4] - 3:21,
222:9, 222:12, 222:16
reporting [1] - 99:6
reports [3] - 11:25,
155:6, 155:12
represent [2] - 46:3,
47:3
representation [6] 22:19, 47:14, 65:1,
65:12, 82:3, 198:1
representatives [1] 128:23
represented [2] 91:9, 128:14
representing [3] 32:24, 65:3, 73:15
represents [1] 44:16
request [10] - 24:3,
73:12, 144:10,
144:19, 150:16,
153:25, 154:5, 154:9,
157:4, 165:4
requested [6] - 9:6,
48:14, 144:8, 144:12,
154:11, 222:8
requesting [2] -

48:12, 199:18
requests [1] - 174:6
require [1] - 40:3
required [5] - 15:19,
39:14, 41:11, 161:12,
161:16
requirement [10] 19:24, 41:8, 131:9,
131:11, 131:16,
138:5, 160:17,
161:18, 162:14, 163:2
requirements [2] 161:10, 161:15
res [1] - 178:13
research [1] - 74:22
Research [6] - 35:10,
35:12, 35:17, 35:20,
97:11, 216:17
researched [1] 198:16
reserved [1] - 53:19
reside [10] - 16:19,
26:19, 26:20, 65:5,
110:3, 110:22, 111:1,
111:5, 131:12, 132:20
resided [3] - 55:2,
58:21, 114:16
Residence [76] - 5:9,
19:6, 19:10, 19:11,
46:24, 47:11, 47:12,
47:16, 48:2, 48:13,
53:25, 55:25, 56:4,
56:15, 56:19, 57:9,
57:13, 58:2, 58:4,
58:22, 58:23, 59:17,
60:1, 60:8, 60:12,
61:4, 72:10, 77:9,
77:15, 89:23, 90:2,
90:12, 90:25, 92:14,
92:18, 105:12,
105:13, 143:21,
143:22, 144:4,
144:11, 145:11,
150:1, 150:8, 151:5,
151:21, 153:21,
153:24, 183:1, 183:4,
183:14, 183:16,
184:2, 185:17, 186:1,
186:5, 186:8, 186:10,
187:12, 188:10,
188:13, 189:5,
189:21, 191:9,
192:20, 193:16,
194:2, 195:2, 197:24,
198:4, 200:21,
200:22, 202:10,
203:12, 217:7
residence [68] 17:13, 19:13, 26:24,
27:2, 28:5, 40:21,
40:24, 41:17, 41:22,
46:18, 54:25, 56:6,
56:13, 56:14, 56:21,
244
57:16, 57:17, 58:17,
59:10, 59:13, 59:16,
60:3, 60:7, 60:22,
69:15, 71:17, 71:19,
82:11, 87:15, 92:15,
98:25, 104:3, 108:21,
109:7, 110:11,
110:12, 110:23,
131:14, 131:24,
132:14, 132:16,
134:10, 134:11,
134:16, 138:5, 138:7,
138:10, 138:22,
138:24, 139:1, 139:2,
140:16, 158:17,
168:16, 168:20,
170:14, 171:18,
187:12, 213:12,
213:13, 216:14,
216:18, 216:23,
217:14, 217:19,
217:25, 220:20
residences [2] 62:21, 62:23
residency [4] 131:9, 135:24,
179:17, 220:19
resident [7] - 58:14,
59:6, 106:11, 106:14,
109:8, 211:6, 211:8
residential [1] 82:23
residents [7] - 18:15,
25:23, 38:18, 41:9,
114:24, 215:4, 215:6
residing [2] - 104:3,
131:12
resolve [1] - 129:3
resonate [2] - 26:22,
26:23
resource [1] - 121:25
resources [6] 122:3, 122:6, 124:1,
124:3, 137:20, 137:21
respect [6] - 27:22,
70:22, 91:18, 91:19,
119:8, 206:13
respective [3] 46:17, 77:23, 222:14
respectively [1] 164:17
respond [3] - 155:2,
160:22, 204:14
responded [1] 155:3
response [35] - 52:8,
64:5, 66:19, 87:13,
87:14, 89:20, 89:25,
90:1, 90:7, 90:15,
90:21, 91:4, 92:17,
93:4, 93:5, 93:10,
93:14, 103:6, 118:17,
139:15, 140:10,
143:15, 144:18,
145:6, 152:17,
153:16, 175:13,
176:9, 177:10,
177:16, 184:8, 187:5,
201:15, 201:17,
204:22
responsibilities [1] 37:24
responsibility [2] 16:2, 143:4
responsible [1] 26:8
responsive [4] 150:17, 150:18,
174:8, 182:7
rest [2] - 19:4, 166:9
restroom [1] - 199:8
rests [1] - 15:15
result [5] - 21:1,
55:19, 95:14, 106:7,
206:3
resulted [1] - 65:14
results [5] - 20:6,
21:1, 23:7, 32:9,
186:16
return [2] - 20:2,
96:10
review [16] - 12:25,
78:4, 119:21, 130:15,
130:19, 133:3, 139:3,
154:21, 157:15,
192:10, 207:12,
207:13, 207:18,
207:20, 207:24,
212:10
reviewed [2] - 55:24,
132:1
reviewing [1] - 192:9
revisit [1] - 10:13
Richard [17] - 3:17,
5:18, 6:24, 41:15,
45:23, 46:9, 59:2,
69:11, 69:12, 76:11,
145:2, 163:8, 165:24,
170:3, 170:14, 170:17
RICHARD [1] - 170:7
RICHARD... [1] - 4:6
Rick [3] - 18:25,
83:19, 170:18
right-hand [3] - 34:3,
34:6, 46:15
rights [1] - 211:15
rise [5] - 10:18, 16:7,
61:13, 141:17, 141:23
River [2] - 76:7, 76:8
road [10] - 33:5,
35:7, 35:11, 36:9,
36:11, 37:13, 37:20,
37:25, 39:12, 101:3
Road [92] - 16:18,
17:19, 17:23, 18:1,
18:3, 18:5, 18:7,
18:14, 25:9, 25:16,

31:11, 31:12, 31:16,
32:19, 32:25, 33:3,
33:4, 33:15, 33:23,
34:12, 34:19, 34:22,
34:23, 34:25, 35:1,
35:3, 35:6, 35:11,
35:15, 36:13, 36:24,
37:1, 37:22, 38:13,
39:2, 39:7, 39:20,
40:10, 40:17, 40:19,
41:4, 41:7, 41:10,
41:15, 41:25, 42:5,
42:9, 42:12, 42:13,
42:16, 46:12, 53:4,
58:15, 64:13, 72:14,
72:19, 74:10, 74:15,
74:17, 74:19, 74:21,
74:22, 74:25, 75:14,
75:20, 76:5, 76:9,
76:13, 76:18, 76:22,
77:1, 77:14, 79:18,
83:3, 115:16, 116:2,
126:22, 127:7,
128:15, 128:23,
142:24, 158:1,
171:16, 172:16,
172:19, 172:21,
177:12, 178:9, 179:7,
179:22, 180:13, 209:8
roads [28] - 18:10,
18:15, 18:19, 25:3,
33:6, 33:8, 33:9,
34:10, 36:9, 36:12,
37:12, 37:15, 37:20,
37:22, 37:24, 38:1,
39:5, 39:6, 39:8, 39:9,
75:23, 115:2, 115:21,
115:22, 115:23,
116:3, 116:6
roadways [1] - 33:11
Robert [20] - 6:13,
7:6, 45:19, 51:21,
60:21, 70:14, 76:23,
85:12, 145:2, 145:5,
146:21, 146:24,
147:1, 149:21,
164:19, 164:22,
188:14, 194:17,
194:18
Roberta [22] - 5:21,
6:12, 7:4, 45:12, 60:4,
60:7, 70:9, 76:6,
79:23, 81:4, 83:14,
145:1, 145:2, 146:24,
146:25, 163:22,
163:23, 163:24,
165:25, 167:21,
196:23
role [3] - 179:15,
182:19, 198:14
rolled [1] - 153:10
rolling [1] - 152:1
rolls [3] - 114:17,

114:20
room [44] - 12:6,
12:14, 12:16, 12:18,
19:21, 49:16, 49:18,
49:23, 49:25, 50:8,
50:11, 50:18, 50:19,
50:21, 51:5, 51:9,
52:10, 53:18, 53:19,
53:20, 53:24, 56:19,
90:24, 91:6, 91:10,
91:14, 132:21,
146:10, 148:14,
149:9, 153:12,
171:13, 185:21,
185:22, 185:23,
188:14, 188:16,
188:19, 188:25,
197:18, 200:22,
201:9, 214:7
rooms [29] - 21:17,
23:17, 24:11, 54:2,
54:3, 146:7, 148:1,
149:13, 149:15,
151:5, 151:21,
153:21, 185:18,
185:19, 188:13,
188:18, 200:3, 200:6,
200:8, 200:12,
200:16, 200:22,
200:23, 200:24,
201:5, 202:22, 203:9,
203:10
roster [3] - 43:20,
43:24, 43:25
rough [1] - 149:19
roughly [2] - 49:19,
172:7
round [1] - 169:25
row [1] - 45:3
RUD [87] - 18:22,
20:3, 20:9, 23:9,
24:23, 24:24, 25:2,
25:3, 25:5, 27:13,
27:19, 31:16, 33:7,
36:16, 37:1, 38:13,
41:9, 41:24, 42:11,
45:11, 64:15, 75:10,
97:16, 97:18, 97:25,
98:1, 98:3, 98:22,
98:23, 111:18,
111:21, 111:24,
111:25, 112:3, 112:4,
112:18, 113:2, 113:4,
113:7, 113:9, 113:22,
113:24, 114:11,
114:17, 114:20,
114:24, 114:25,
115:8, 115:10,
115:11, 115:13,
115:15, 115:18,
115:25, 116:8,
116:16, 116:18,

116:20, 116:21,
117:2, 172:8, 173:24,
174:1, 176:14,
180:14, 182:20,
186:18, 187:20,
187:22, 190:8,
190:18, 208:15,
208:22, 209:2, 209:6,
210:8, 211:3, 211:9,
213:2, 214:21,
214:22, 215:3,
217:24, 220:3, 220:5,
220:10
RUD's [1] - 187:1
rule [14] - 13:11,
28:16, 28:19, 28:20,
28:22, 29:10, 29:25,
125:15, 125:25,
126:5, 169:4, 169:19,
169:23
Rule [1] - 65:17
Rules [4] - 13:17,
13:18, 14:2, 65:18
rules [1] - 13:18
Ruling.....................
..... [2] - 3:6, 3:19
rulings [2] - 13:5,
67:11
run [11] - 11:9,
111:8, 111:22,
112:22, 112:25,
173:25, 179:21,
188:8, 208:14, 208:24
running [7] - 39:23,
40:7, 43:1, 44:6,
141:15, 141:16,
181:19
Ryan [1] - 222:24
S
S-T-I-L-W-E-L-L [1] 30:14
Safety [4] - 154:1,
157:4, 158:18, 163:3
sake [1] - 79:3
sale [4] - 103:14,
103:16, 118:14,
118:22
sales [1] - 187:17
sarcasm [1] - 118:5
sarcastic [1] - 118:3
satisfy [1] - 213:14
Saturday [5] - 94:23,
95:1, 152:3, 185:15,
188:1
save [1] - 30:15
saw [7] - 53:13, 56:9,
72:10, 78:23, 94:11,
123:5, 214:17
Sawdust [1] - 172:19
SBOT [3] - 2:3, 2:4,
245
2:9
scheme [17] - 18:2,
18:22, 19:2, 20:3,
23:9, 24:2, 64:9,
64:14, 64:15, 65:12,
66:1, 176:13, 176:20,
177:12, 178:14,
182:16, 185:4
Schissler [1] - 145:1
school [2] - 133:6,
162:3
School [1] - 30:23
screen [3] - 99:9,
99:11, 202:10
scrutiny [1] - 220:9
seal [1] - 194:20
seat [2] - 142:4,
170:6
seated [4] - 17:2,
29:20, 61:20, 96:22
seats [1] - 20:8
second [9] - 41:12,
45:12, 50:1, 82:22,
106:21, 170:15,
176:15, 195:9, 198:7
secondly [1] 131:18
Secrest [1] - 222:17
secretary [1] - 156:3
Secretary [20] - 6:17,
109:16, 119:22,
122:10, 123:1,
130:13, 135:22,
136:19, 137:5, 141:5,
143:3, 154:6, 154:10,
154:19, 155:1,
207:15, 207:21,
212:9, 214:13, 215:11
section [5] - 55:13,
82:1, 106:2, 121:10,
156:2
Section [4] - 82:20,
122:18, 138:10,
140:17
sections [4] 130:17, 134:19,
155:4, 155:24
security [1] - 187:16
see [67] - 11:6,
23:17, 24:3, 24:19,
33:25, 34:2, 34:8,
34:10, 34:14, 34:19,
34:23, 34:25, 35:5,
35:12, 35:14, 35:18,
40:24, 43:19, 44:5,
44:8, 44:23, 46:6,
46:15, 48:3, 50:16,
51:11, 57:5, 63:1,
69:7, 74:7, 74:14,
75:22, 77:11, 84:8,
109:5, 116:15,
116:24, 117:1,
119:15, 119:18,
119:25, 134:15,
136:4, 137:17,
147:25, 148:22,
149:25, 150:3,
150:21, 153:6, 158:3,
166:14, 166:17,
168:22, 168:25,
184:4, 184:16, 190:9,
190:10, 194:3,
198:17, 200:25,
201:3, 202:21,
202:25, 212:11,
221:15
seeing [1] - 159:5
seek [12] - 122:5,
122:8, 122:21, 123:9,
123:12, 136:13,
136:15, 206:23,
208:6, 210:18,
210:19, 212:3
seeking [3] - 84:10,
84:11, 214:5
seem [5] - 98:19,
100:6, 139:10,
145:24, 146:3
selected [1] - 16:10
self [1] - 193:25
self-addressed [1] 193:25
sell [7] - 24:15,
38:25, 92:23, 93:2,
118:15, 118:20,
118:22
seller's [1] - 118:19
send [2] - 128:21,
193:18
sending [2] - 119:9,
129:7
sense [1] - 220:8
sent [12] - 25:20,
25:24, 118:6, 121:1,
127:5, 129:11,
129:14, 136:11,
143:12, 144:13,
189:12, 194:2
separate [1] - 67:2
separated [2] 64:14, 203:16
sequence [1] 161:24
sequestration [2] 28:20, 29:10
sergeant [2] 125:23, 142:11
Sergeant [12] 142:1, 142:9, 142:14,
145:17, 153:24,
154:8, 157:19,
160:17, 161:9, 165:3,
165:20, 166:14
series [3] - 51:24,
61:6, 155:3
serious [2] - 118:2,
206:25
serves [2] - 115:5,
159:22
service [6] - 11:8,
38:10, 38:11, 38:14,
97:22, 116:3
services [6] - 38:2,
38:5, 38:6, 38:16,
38:17, 97:25
serving [3] - 112:16,
113:2, 113:3
set [1] - 215:11
sets [2] - 13:17,
121:18
seven [1] - 170:25
seventh [1] - 45:20
several [9] - 13:17,
35:21, 52:2, 102:6,
127:6, 128:13,
128:14, 165:22, 203:9
sewer [3] - 38:9,
38:11, 38:14
shaded [2] - 34:1,
35:13
shaking [1] - 184:8
shall [2] - 15:5, 16:7
shape [1] - 119:10
share [2] - 212:8,
213:11
sharing [1] - 185:23
sheet [6] - 44:3,
44:4, 44:17, 46:3,
46:4, 183:6
shirt [1] - 193:21
Shoot [1] - 76:25
shooting [1] - 197:16
shop [5] - 115:11,
115:12, 115:15, 116:5
Shopping [2] 34:20, 35:2
shopping [3] - 116:5,
116:7, 116:8
shops [2] - 34:17,
35:23
short [2] - 78:15,
209:1
SHORT [4] - 61:14,
141:19, 170:1, 199:15
shorthand [2] - 1:24,
151:15
shortly [2] - 48:14,
48:20
show [30] - 12:5,
15:8, 22:22, 23:25,
24:7, 26:1, 27:21,
33:20, 44:15, 49:7,
50:1, 54:15, 72:19,
79:4, 88:25, 98:12,
99:12, 102:16,
105:23, 126:25,
143:25, 150:5, 154:8,
165:3, 168:10,
173:19, 188:20,
189:16, 189:18, 202:9

showed [2] - 84:20,
85:1
showing [18] - 40:14,
41:12, 42:2, 43:15,
46:25, 49:12, 57:15,
58:7, 59:1, 59:20,
70:19, 78:3, 81:20,
157:25, 176:19,
191:15, 192:19,
197:23
shown [1] - 196:5
shows [4] - 72:14,
81:2, 150:20, 151:24
shut [3] - 25:17,
180:11, 180:13
side [10] - 22:3,
33:25, 34:3, 34:7,
34:15, 45:1, 99:9,
148:18, 202:22
sides [1] - 25:9
sign [4] - 44:19,
103:15, 103:16,
174:15
signature [8] - 45:16,
45:18, 45:24, 56:3,
107:13, 107:21,
156:5, 156:6
signatures [3] - 45:5,
45:6, 46:7
signed [15] - 16:22,
54:24, 56:5, 57:11,
83:12, 83:17, 84:13,
88:17, 88:19, 92:19,
120:5, 153:18,
156:19, 157:2, 181:7
significance [2] 52:5, 52:17
significant [3] 11:20, 54:1, 217:1
signing [7] - 55:21,
82:7, 106:9, 107:12,
107:19, 174:5, 174:6
signs [1] - 82:2
similar [7] - 39:3,
39:4, 56:10, 94:19,
97:18, 97:19, 97:23
simple [1] - 108:24
simply [2] - 127:25,
140:11
single [12] - 50:18,
51:5, 56:1, 56:4,
56:18, 56:19, 56:22,
57:10, 57:13, 58:4,
59:18, 60:2
sit [5] - 28:10, 109:5,
205:21, 219:15,
219:19
sites [1] - 130:19
sits [1] - 26:15
sitting [4] - 90:18,
171:13, 190:24,
196:13

situation [8] - 17:20,

91:16, 98:21, 126:21,
126:23, 140:4,
201:11, 215:17
Six [32] - 19:6, 44:23,
45:4, 46:19, 47:11,
47:13, 48:2, 53:8,
55:2, 56:14, 57:3,
57:17, 58:5, 58:19,
58:21, 59:13, 59:21,
60:9, 60:22, 77:9,
77:13, 77:14, 95:17,
117:15, 143:23,
158:10, 158:11,
159:1, 159:6, 159:15,
168:1, 168:16
six [5] - 43:2, 44:6,
142:17, 142:20, 209:6
sixth [1] - 45:19
size [3] - 80:3,
104:18, 193:9
skipped [1] - 79:19
sleepless [1] 204:23
slightly [4] - 35:4,
35:9, 35:18, 164:12
slots [2] - 37:8, 40:7
small [1] - 178:10
smiling [1] - 193:20
smirk [1] - 195:15
snowbird [1] - 17:17
sold [5] - 39:12,
98:1, 118:19, 118:20,
119:1
solely [1] - 109:4
solider [1] - 17:17
someone [6] - 11:14,
71:18, 139:1, 188:8,
207:8, 207:10
sometime [2] 15:13, 113:16
sometimes [2] 38:12, 115:6
somewhat [1] 118:3
somewhere [3] 132:13, 152:12, 172:9
soon [3] - 113:25,
187:1, 195:13
sorry [15] - 66:6,
77:7, 77:11, 81:23,
83:20, 95:13, 144:9,
148:7, 151:10, 153:9,
169:2, 174:9, 183:17,
184:10, 215:4
sort [3] - 118:21,
145:23, 219:13
sought [4] - 123:14,
132:2, 133:18, 212:6
sounds [2] - 64:2,
198:19
south [1] - 172:19
space [4] - 33:10,
246
34:22, 35:3, 36:14
speaking [1] 214:24
special [4] - 33:4,
37:18, 37:21, 142:13
specially [1] - 38:7
specific [10] - 9:9,
18:11, 32:25, 48:6,
105:16, 107:23,
131:17, 140:18,
144:21, 144:22
Specifically [1] 95:20
specifically [21] 54:23, 82:7, 90:18,
92:7, 92:11, 92:15,
93:5, 102:10, 107:15,
116:15, 128:21,
129:13, 129:15,
145:19, 158:9,
162:25, 179:13,
182:19, 183:19,
188:3, 201:12
specificity [4] 139:1, 140:7, 140:16,
140:19
specifies [1] 122:18
speculate [1] 140:13
speculating [1] 52:21
speculation [4] 52:13, 91:19, 123:16,
132:7
speculative [1] 52:16
sped [2] - 101:3,
190:24
speed [2] - 62:19,
190:2
speeding [1] - 101:2
spell [2] - 30:12,
170:19
spend [1] - 215:7
spent [5] - 17:12,
148:6, 197:25,
200:16, 200:20
splits [1] - 17:21
splitting [1] - 24:11
spot [1] - 110:4
spouse [2] - 11:20,
166:3
spouses' [2] - 48:11
Spring [4] - 41:20,
163:10, 171:3, 182:14
spring [1] - 170:14
Springs [1] - 34:20
square [1] - 17:19
St [1] - 35:22
staff [1] - 23:16
Stagecoach [4] 42:10, 69:10, 75:17,
75:18
stalled [1] - 21:14
stamp [2] - 55:15,
106:23
stand [4] - 77:7,
86:8, 92:16, 202:6
standard [4] - 9:12,
9:13, 192:18
stands [1] - 131:23
start [6] - 53:10,
78:10, 98:13, 162:7,
173:8, 173:17
started [1] - 201:4
starting [3] - 8:18,
130:21, 153:6
state [28] - 17:14,
18:9, 28:14, 39:20,
40:1, 40:2, 52:13,
55:18, 82:8, 82:9,
82:10, 82:19, 94:13,
106:6, 108:5, 124:12,
124:15, 125:21,
134:16, 141:20,
142:1, 165:17, 185:7,
209:13, 211:10,
211:12, 211:13,
217:13
State [74] - 6:17,
8:11, 9:5, 9:9, 9:19,
10:12, 15:8, 15:11,
15:13, 15:15, 15:21,
16:6, 16:9, 16:10,
16:15, 16:21, 17:5,
25:11, 28:12, 33:13,
40:8, 42:15, 43:10,
47:6, 47:19, 54:10,
62:11, 62:21, 64:5,
65:11, 67:6, 72:24,
73:5, 73:11, 73:17,
74:23, 76:16, 81:15,
94:3, 96:24, 101:11,
109:16, 119:22,
122:11, 123:2,
124:16, 130:13,
135:22, 136:20,
137:5, 143:3, 145:9,
154:6, 154:10,
154:18, 154:19,
155:2, 157:13, 166:5,
169:13, 170:2, 170:3,
177:11, 199:17,
199:18, 199:25,
207:15, 207:21,
212:9, 214:14,
215:11, 222:5
STATE [4] - 1:4, 2:2,
8:1, 222:2
STATE'S [4] - 3:12,
5:2, 6:2, 7:2
state's [6] - 9:20,
69:4, 69:21, 124:22,
160:11, 165:4
State's [98] - 8:13,
8:18, 33:14, 33:18,

40:9, 42:2, 42:15,
43:13, 44:15, 46:25,
47:7, 47:20, 47:22,
54:11, 62:14, 64:6,
64:22, 64:25, 66:12,
67:7, 67:25, 68:15,
68:16, 68:19, 68:20,
68:24, 68:25, 69:3,
69:11, 69:19, 70:2,
70:3, 70:6, 70:19,
71:25, 72:5, 72:25,
73:3, 73:9, 73:12,
78:3, 79:4, 79:9,
79:12, 79:15, 80:2,
81:15, 81:20, 93:12,
94:8, 94:13, 95:12,
98:13, 98:14, 98:15,
105:23, 105:25,
124:17, 125:5, 127:1,
137:18, 141:5,
143:25, 145:7,
145:10, 150:5,
151:11, 154:9,
154:18, 157:10,
157:12, 157:13,
157:18, 157:25,
158:4, 159:11, 160:2,
160:9, 163:6, 163:11,
163:14, 163:18,
163:20, 164:6,
164:16, 164:25,
165:17, 165:21,
166:5, 166:15, 167:3,
167:10, 167:12,
167:19, 168:10,
189:16, 189:25,
202:10
statement [10] 26:10, 26:12, 27:6,
82:14, 82:18, 92:4,
100:5, 136:2, 204:6,
204:11
Statement [2] - 3:10,
3:11
statements [15] 12:9, 14:23, 14:24,
15:7, 17:4, 17:8,
55:20, 55:22, 106:9,
107:18, 107:20,
176:10, 176:12,
176:15, 177:2
states [2] - 13:3,
110:8
stating [1] - 135:20
status [2] - 127:12,
127:20
statute [11] - 129:18,
130:15, 131:22,
131:23, 131:25,
132:15, 132:18,
135:18, 136:9,
137:25, 213:14
statutes [1] - 130:7

stay [20] - 23:1,
28:25, 52:3, 56:18,
58:2, 60:2, 139:11,
151:23, 152:7,
169:18, 183:13,
183:14, 186:1, 186:4,
186:7, 188:14, 189:2,
217:7, 217:11, 217:21
stayed [26] - 17:22,
19:15, 19:23, 19:25,
22:12, 22:14, 56:4,
56:22, 57:10, 57:13,
59:16, 59:18, 59:23,
59:24, 89:22, 90:1,
90:24, 91:2, 91:6,
91:14, 92:14, 92:18,
152:3, 153:22,
186:10, 189:3
staying [5] - 91:10,
183:16, 198:25,
201:8, 203:12
stays [9] - 52:1,
147:3, 147:13, 150:1,
153:6, 153:13,
159:24, 195:22,
202:20
step [4] - 37:10,
74:1, 82:15, 148:4
stepped [1] - 9:25
Stevens [1] - 1:21
sticker [2] - 73:14,
73:16
still [9] - 24:22,
85:20, 101:22, 104:3,
104:8, 119:2, 138:15,
169:22, 214:5
STILWELL [5] - 4:7,
29:21, 30:2, 125:14,
125:19
Stilwell [47] - 10:1,
28:14, 30:6, 30:9,
30:10, 30:18, 33:2,
33:20, 40:14, 41:2,
43:15, 44:25, 45:6,
46:11, 46:20, 47:10,
47:24, 48:8, 49:2,
49:9, 49:17, 50:22,
51:9, 54:17, 65:25,
67:16, 71:8, 73:7,
73:23, 77:16, 77:17,
79:10, 81:8, 84:5,
86:7, 87:2, 87:10,
88:1, 89:20, 93:21,
97:4, 108:13, 124:9,
128:19, 128:24,
129:13, 135:4
Stilwell's [1] - 129:4
Stilwell...... [1] - 3:14
Stonecrest [8] 68:21, 76:16, 79:14,
84:18, 84:22, 167:1
Stony [4] - 68:8,

75:25, 157:23, 158:19

stop [3] - 106:13,
184:14, 188:18
stores [1] - 115:12
storing [1] - 90:22
story [5] - 25:10,
80:4, 187:25, 192:22,
192:23
strategy [1] - 178:24
street [2] - 97:13,
174:13
Street [2] - 2:10,
77:12
stretch [1] - 169:25
structure [1] - 36:23
student [1] - 17:16
studied [1] - 133:18
studies [1] - 133:13
study [1] - 122:1
studying [1] - 133:7
stuff [1] - 134:1
styled [2] - 16:13,
222:10
subdivision [3] 76:8, 171:4, 171:5
subject [1] - 198:15
submission [1] 100:23
submitted [2] - 13:4,
154:12
subpoena [11] 47:16, 48:1, 48:21,
143:12, 143:15,
144:12, 144:14,
144:18, 144:23,
150:16, 153:16
subpoenaed [4] 48:4, 51:1, 58:6,
150:10
subpoenaing [1] 48:6
subtotaled [1] 148:17
succeed [1] - 21:3
sufficient [1] 217:18
suggested [7] 118:12, 119:21,
130:7, 132:4, 207:13,
207:18, 212:10
suggesting [1] 88:12
suggestion [1] 152:22
suggestive [2] 128:6, 173:2
suit [6] - 32:8, 94:24,
96:3, 96:4, 147:15,
190:7
Suit [1] - 6:14
suitcases [1] - 90:8
Suite [1] - 97:15
summaries [1] - 15:7
247
summary [2] - 44:5,
69:9
summoned [1] 29:14
sums [1] - 200:12
Sunday [1] - 152:4
supervision [1] 107:1
supplant [2] - 101:9,
101:18
supplanting [1] 21:4
support [1] - 100:9
suppose [1] - 133:22
supposed [6] 110:11, 129:25,
131:6, 131:19,
185:23, 192:21
surrounding [1] 98:20
sustain [7] - 13:15,
13:24, 52:23, 101:8,
161:5, 175:19, 182:10
sustained [14] 42:22, 48:25, 60:18,
75:7, 84:2, 84:4,
93:18, 101:21, 128:5,
128:7, 174:20, 175:7,
204:3, 218:12
sustains [1] - 14:3
swear [8] - 10:23,
28:24, 56:12, 58:18,
82:13, 110:12,
125:24, 126:1
swearing [1] - 56:20
swimming [1] 195:2
swing [1] - 64:17
swore [15] - 19:14,
19:16, 55:2, 56:14,
56:15, 56:21, 57:12,
57:17, 58:21, 58:24,
59:13, 59:15, 60:2,
60:11, 92:19
sworn [10] - 16:10,
30:3, 57:16, 85:4,
85:9, 125:25, 126:8,
126:13, 142:6, 170:8
SWORN [5] - 10:25,
29:8, 126:10, 142:3,
170:5
Sworn.....................
......... [1] - 3:7
Sybil [18] - 5:20,
6:11, 6:25, 45:13,
59:20, 69:19, 75:12,
79:21, 81:4, 81:24,
144:24, 163:15,
166:3, 167:18, 175:2,
175:3, 191:20, 196:23
Sycamore [4] 70:12, 79:23, 83:15,
164:5
system [6] - 11:11,

24:6, 26:3, 27:17,
27:18, 27:19
T
table [4] - 171:14,
192:24, 192:25,
193:11
TAKEN [5] - 61:14,
96:18, 141:19, 170:1,
199:15
talks [1] - 121:20
tallies [2] - 46:14
tally [4] - 44:4, 46:3,
46:4
task [1] - 201:11
tax [15] - 18:15,
18:18, 25:6, 33:10,
34:22, 35:2, 36:10,
36:14, 38:23, 50:20,
98:2, 98:4, 202:16,
202:17
taxed [2] - 25:3,
39:11
taxes [9] - 39:1, 39:8,
39:11, 49:19, 51:14,
97:24, 97:25, 117:5,
165:12
taxing [1] - 18:21
taxpayer [2] 155:16, 156:10
technically [1] 75:18
television [1] - 11:25
temporarily [1] 20:3
temporary [3] - 20:6,
25:13, 132:21
ten [30] - 44:23, 45:3,
45:7, 46:6, 46:15,
46:19, 48:9, 48:10,
53:7, 54:8, 61:9,
62:21, 64:8, 64:15,
66:1, 72:16, 136:11,
141:14, 144:23,
157:5, 157:11,
161:22, 184:2,
185:18, 200:22,
200:24, 201:6
ten-ten-and-ten [1] 46:15
tender [2] - 42:17,
189:17
tendered [2] - 96:24,
157:13
tent [1] - 216:17
tenth [2] - 45:23,
145:4
term [3] - 39:15,
70:24, 106:25
terms [6] - 30:18,
30:25, 33:21, 143:4,

182:25, 183:13
test [1] - 88:13
testified [20] - 30:3,
85:12, 86:18, 87:5,
90:8, 92:22, 95:16,
103:10, 103:17,
103:19, 126:13,
139:6, 142:6, 170:8,
175:24, 210:24,
215:19, 215:24,
219:12
testify [9] - 23:21,
27:8, 27:9, 29:1,
205:6, 205:8, 205:13,
206:6, 215:15
testifying [6] - 13:6,
99:7, 104:25, 215:16,
215:17, 215:22
testimony [15] 13:6, 14:17, 14:19,
15:1, 29:1, 29:15,
29:18, 71:18, 100:2,
100:4, 101:25, 111:2,
152:11, 171:8, 206:4
TEXAS [3] - 1:4, 1:5,
222:2
Texas [68] - 1:22,
2:5, 2:6, 2:10, 7:7,
8:12, 13:18, 13:19,
15:9, 16:6, 16:9,
16:10, 17:5, 17:14,
18:9, 30:23, 30:24,
33:6, 41:1, 41:20,
42:9, 54:22, 65:18,
68:18, 82:20, 85:15,
95:24, 124:12,
124:15, 126:20,
134:16, 139:2,
143:23, 146:21,
154:1, 155:19, 156:1,
156:18, 157:23,
158:18, 158:19,
159:1, 159:8, 159:15,
160:7, 160:16,
161:12, 163:10,
163:17, 164:5,
164:23, 165:8,
165:15, 165:18,
166:6, 167:24,
170:14, 170:25,
171:3, 211:10,
211:12, 211:13,
219:24, 222:6,
222:22, 222:24,
222:25
texts [1] - 12:15
THE [280] - 1:4, 2:2,
2:8, 8:3, 8:6, 8:9,
8:11, 8:17, 9:7, 9:19,
9:22, 10:3, 10:9,
10:17, 10:18, 10:20,
10:21, 10:22, 11:1,
16:23, 16:25, 17:1,

17:7, 20:16, 20:17,
21:2, 21:8, 21:20,
22:3, 22:6, 22:18,
22:23, 23:1, 23:3,
23:4, 26:9, 26:13,
27:4, 28:12, 28:17,
29:6, 29:9, 29:22,
31:21, 31:22, 31:25,
32:6, 32:11, 32:14,
32:16, 32:17, 32:23,
33:18, 40:13, 42:22,
43:13, 47:9, 47:22,
48:18, 48:25, 52:8,
52:15, 52:17, 52:23,
53:12, 54:14, 60:18,
61:8, 61:13, 61:15,
61:17, 61:20, 61:24,
62:2, 63:4, 63:10,
63:13, 63:23, 63:25,
65:2, 65:9, 65:21,
65:24, 66:4, 66:7,
66:10, 66:13, 66:17,
66:19, 66:23, 66:25,
67:3, 67:4, 67:5,
67:10, 67:15, 67:18,
67:22, 67:24, 70:23,
71:23, 72:1, 72:5,
73:3, 73:13, 73:20,
73:22, 74:2, 74:3,
74:5, 75:7, 79:7,
81:19, 84:2, 84:4,
86:14, 86:16, 86:22,
87:1, 87:6, 87:22,
88:6, 88:11, 89:13,
91:21, 91:23, 93:18,
93:21, 93:24, 94:2,
94:15, 96:7, 96:19,
96:22, 99:3, 99:5,
99:14, 99:15, 99:19,
99:23, 100:6, 100:15,
100:21, 101:7,
101:18, 101:21,
101:24, 102:2, 102:3,
102:4, 102:20,
108:14, 117:18,
117:20, 118:17,
118:23, 123:17,
123:18, 123:20,
124:20, 124:25,
125:5, 125:9, 125:13,
125:17, 125:20,
126:1, 126:4, 126:7,
126:11, 128:5, 128:7,
130:3, 132:9, 132:12,
136:3, 137:14,
138:14, 139:8,
139:15, 139:20,
139:23, 140:14,
141:10, 141:12,
141:17, 141:18,
141:20, 141:22,
141:23, 141:25,
142:2, 142:4, 145:15,

151:8, 151:12,
151:17, 152:17,
152:21, 152:23,
154:23, 154:25,
157:17, 161:3, 161:5,
161:8, 162:22,
166:11, 168:7,
169:14, 169:16,
169:20, 170:2, 170:4,
170:6, 173:3, 173:8,
173:11, 174:9,
174:12, 174:15,
174:20, 175:7,
175:13, 175:15,
175:19, 176:9,
176:18, 177:3, 177:6,
177:16, 177:20,
177:22, 177:23,
178:3, 178:12,
178:22, 179:2, 179:4,
179:5, 182:9, 183:23,
184:4, 184:6, 184:7,
184:11, 184:15,
184:19, 184:25,
185:1, 185:2, 189:24,
190:4, 199:6, 199:9,
199:11, 199:16,
199:23, 199:25,
202:8, 204:3, 204:6,
204:9, 218:12, 221:6,
221:9, 221:12, 222:2
themselves [6] 20:12, 23:11, 27:14,
48:16, 220:13, 220:14
therefore [4] - 9:11,
62:12, 64:24, 86:24
thinking [1] - 104:21
third [7] - 40:23,
42:2, 42:4, 44:11,
45:13, 59:2, 215:17
Thomas [10] - 6:7,
6:21, 45:22, 50:15,
56:25, 68:20, 81:3,
145:3, 149:13, 159:13
thorough [1] - 35:25
threat [4] - 121:4,
127:17, 127:18,
133:24
three [47] - 17:25,
18:24, 19:2, 20:7,
25:15, 32:24, 37:4,
37:8, 40:7, 42:25,
43:1, 43:3, 43:4, 43:8,
44:13, 46:9, 47:15,
50:7, 55:20, 55:22,
101:3, 106:8, 106:10,
107:12, 107:14,
107:18, 107:20,
107:23, 108:6, 108:8,
108:10, 111:17,
147:3, 148:2, 148:3,
148:20, 149:4, 152:6,
170:25, 172:5, 172:6,
248
186:13, 197:16,
197:20, 202:12,
206:22
throughout [3] 59:25, 114:24, 142:20
throws [1] - 201:24
tie [1] - 171:9
ties [1] - 64:23
tight [1] - 171:9
to-wit [1] - 16:17
today [11] - 26:15,
46:1, 53:16, 55:9,
56:18, 81:13, 131:23,
149:6, 152:11,
169:25, 205:21
together [8] - 16:1,
23:12, 64:9, 64:23,
67:2, 146:1, 201:10,
205:3
togethers [1] - 189:4
toiletries [2] - 80:14,
90:9
tolls [1] - 39:6
Tom [19] - 5:15, 50:8,
50:16, 50:25, 51:3,
76:15, 84:16, 146:12,
165:23, 188:17,
191:12, 193:9,
193:23, 194:5,
195:17, 196:13,
196:14, 197:6
tone [2] - 118:4,
129:20
took [15] - 21:16,
24:16, 26:16, 31:18,
37:23, 78:7, 78:8,
78:22, 94:5, 103:13,
113:12, 175:24,
186:12
top [7] - 43:19,
47:25, 80:11, 80:20,
81:1, 156:10, 194:5
topside [1] - 35:19
total [12] - 43:2,
46:13, 49:19, 51:15,
144:23, 147:22,
148:22, 149:10,
200:24, 202:17,
202:22, 222:15
totally [4] - 27:12,
107:10, 214:3, 220:23
totals [1] - 202:25
touch [2] - 23:2,
83:20
touchy [1] - 130:23
toward [4] - 34:6,
178:14, 182:14, 200:9
towards [5] - 34:1,
34:7, 34:18, 34:24,
76:17
town [1] - 105:21
Town [7] - 34:4,
74:18, 116:11,
116:15, 116:25,
117:1, 117:8
Township [7] 18:11, 31:7, 31:8,
37:19, 38:10, 111:8
tracks [1] - 23:14
tracts [1] - 116:25
traffic [3] - 161:16,
161:18, 162:25
trafficking [1] 142:22
train [1] - 174:12
training [2] - 161:14,
161:20
transaction [1] 95:25
transactions [1] 147:8
transcript [2] - 99:8,
118:4
transcription [1] 222:7
Transcription [1] 1:25
Transportation [2] 7:7, 95:24
TRIAL [1] - 1:2
trial [40] - 10:6,
11:24, 13:2, 13:9,
13:21, 14:5, 14:10,
15:3, 15:13, 31:2,
31:3, 32:8, 86:7,
86:10, 86:24, 87:3,
87:16, 95:22, 96:5,
100:1, 100:20, 101:2,
102:7, 125:17,
152:12, 166:2, 174:3,
183:25, 188:12,
190:24, 191:5, 200:4,
200:5, 201:4, 203:15,
203:20, 204:18,
206:11, 215:19,
215:25
tried [4] - 23:11,
24:18, 198:17, 210:13
tries [1] - 11:14
true [5] - 82:4, 82:5,
82:10, 129:23, 222:7
truly [1] - 222:13
trust [1] - 212:15
trusted [1] - 207:10
truth [6] - 14:22,
176:16, 205:7,
205:16, 218:17,
218:18
truthfully [2] - 205:9,
218:9
try [10] - 24:3, 24:4,
24:6, 24:10, 62:18,
100:22, 129:3,
129:19, 136:22,
212:12
trying [12] - 24:3,
24:9, 92:23, 93:1,

100:20, 101:2,
116:14, 184:12,
187:8, 188:2, 206:14
Tuesday [1] - 94:24
turn [1] - 180:11
turned [2] - 12:13,
99:13
twice [1] - 135:7
two [58] - 17:20,
24:13, 30:15, 37:4,
38:18, 44:1, 44:8,
44:11, 44:12, 46:16,
49:15, 50:7, 51:17,
51:18, 54:2, 55:22,
56:7, 60:20, 75:23,
78:16, 80:4, 90:8,
98:16, 99:17, 100:7,
100:9, 119:24, 122:6,
124:3, 125:24, 128:9,
129:8, 148:19, 152:3,
152:7, 156:22, 159:5,
164:16, 164:17,
172:7, 180:2, 180:5,
185:17, 185:19,
188:18, 197:17,
198:5, 200:22,
200:23, 201:5, 203:9,
203:10, 207:12,
207:14, 217:5
Two [1] - 200:24
two-night [1] - 152:7
two-story [1] - 80:4
two-two-and-two [1]
- 46:16
type [4] - 12:21,
86:19, 94:17, 142:18
types [1] - 143:14
typically [2] - 38:3,
192:10
typo [1] - 145:1
U
U.S [2] - 106:12,
106:16
ultimately [2] - 43:4,
65:14
unconstitutional [2]
- 134:5, 134:6
uncontested [2] 39:24, 112:17
uncovered [1] 173:24
under [18] - 13:4,
19:14, 39:20, 55:18,
60:14, 65:17, 82:15,
82:19, 106:6, 107:13,
108:4, 109:17, 139:2,
169:18, 169:22,
205:21, 205:24,
216:17
undergrad [1] 162:2

underlined [1] 106:8
underlines [1] 107:15
undermined [1] 131:6
understood [2] 92:7, 92:10
unfair [1] - 65:16
unfounded [1] 27:12
unhappy [1] - 184:20
uniform [1] - 162:18
unit [1] - 142:13
University [1] - 30:22
unlabeled [1] - 151:8
unless [3] - 40:3,
100:24, 175:11
unnoticed [1] - 20:5
unresponsive [2] 32:22, 42:21
unresponsiveness
[1] - 84:3
up [57] - 10:13,
10:15, 23:13, 34:1,
34:23, 37:6, 37:8,
40:16, 45:1, 49:5,
49:19, 55:19, 62:19,
73:14, 73:17, 74:19,
74:22, 76:6, 76:24,
77:7, 85:24, 91:24,
94:1, 94:3, 96:16,
99:5, 106:7, 111:15,
142:16, 151:1,
155:15, 156:10,
161:1, 166:1, 171:6,
173:19, 174:3,
177:20, 179:11,
180:15, 184:4,
187:14, 187:15,
187:25, 188:5, 188:9,
188:20, 190:2,
190:20, 190:24,
202:22, 208:2,
215:11, 216:1, 220:16
update [5] - 160:18,
160:22, 161:18,
162:14, 163:2
upkeep [1] - 38:1
upsidedown [2] 44:21, 45:1
urge [7] - 52:21,
62:10, 119:16,
120:14, 122:21,
152:24, 184:15
urged [6] - 122:7,
128:21, 129:14,
133:3, 206:22, 206:23
useful [1] - 151:16
utility [3] - 37:13,
38:7, 38:22

Utility [82] - 16:18,

17:19, 17:23, 18:1,
18:3, 18:5, 18:7,
18:14, 25:9, 25:17,
31:11, 31:13, 31:16,
32:19, 32:25, 33:3,
33:4, 33:15, 33:23,
34:12, 34:22, 35:3,
35:11, 35:15, 36:24,
37:1, 37:22, 38:12,
38:13, 38:14, 38:17,
39:2, 39:7, 39:20,
40:10, 40:17, 40:20,
41:5, 41:7, 41:10,
41:15, 41:25, 42:5,
42:12, 42:13, 42:16,
46:12, 53:5, 64:13,
72:15, 72:20, 74:10,
74:15, 74:17, 74:19,
74:25, 75:15, 75:20,
76:5, 76:9, 76:13,
76:18, 76:22, 77:1,
77:14, 115:16, 116:2,
126:22, 127:7,
128:15, 128:23,
142:24, 158:1,
171:17, 172:16,
172:21, 177:12,
178:9, 179:7, 179:22,
180:13, 209:8
utilize [1] - 86:20
V
vacancies [2] 113:5, 113:7
vague [5] - 135:24,
136:7, 141:4, 141:6,
181:18
valid [1] - 163:3
valorem [1] - 98:2
value [1] - 14:18
variety [6] - 30:23,
31:4, 35:23, 142:21,
142:22, 161:17
various [3] - 51:14,
62:21, 114:14
vehicle [4] - 165:8,
165:10, 165:11, 168:2
Vehicle [2] - 7:7,
167:6
Vehicles [4] - 165:8,
165:15, 165:19, 166:6
verbatim [1] - 205:7
verbiage [1] - 154:12
verdict [3] - 13:4,
28:8, 32:9
verify [2] - 88:18,
88:19
versus [1] - 8:12
village [1] - 116:10
violating [1] - 26:6
249
violations [2] 121:19, 142:21
virtually [1] - 114:25
visible [1] - 65:1
visit [3] - 77:18,
77:23, 77:25
Voir [1] - 3:13
voir [5] - 26:2, 26:25,
70:21, 70:24, 71:3
VOIR [2] - 4:2, 71:6
VOL [5] - 3:3, 4:2,
5:3, 6:3, 7:3
Vol [1] - 3:13
volume [3] - 93:8,
99:10, 222:9
Volume [1] - 3:2
VOLUME [1] - 1:1
VOLUMES [1] - 1:1
voluntary [1] - 68:11
volunteer [1] - 93:22
vote [82] - 16:16,
16:17, 17:14, 17:15,
17:23, 21:5, 23:8,
24:5, 25:14, 25:22,
26:18, 26:23, 27:11,
39:25, 44:4, 44:20,
46:13, 64:9, 64:17,
98:22, 98:23, 102:11,
103:2, 107:11,
114:10, 114:12,
116:20, 117:24,
118:9, 118:12,
119:10, 119:11,
119:12, 121:7, 121:8,
123:14, 123:24,
123:25, 127:7,
127:12, 127:13,
127:20, 127:23,
128:17, 129:23,
129:24, 129:25,
130:21, 130:22,
131:1, 131:2, 131:3,
131:5, 131:18,
131:19, 132:3,
132:19, 132:20,
133:19, 133:25,
134:2, 134:8, 178:9,
182:25, 183:1, 185:4,
186:19, 186:20,
187:20, 190:23,
200:19, 208:11,
210:14, 213:2, 214:1,
214:15, 215:5, 216:1,
216:13
voted [24] - 9:1,
16:17, 16:20, 27:13,
43:22, 45:7, 46:7,
46:8, 46:19, 48:9,
51:2, 51:11, 89:10,
98:10, 111:11,
114:21, 127:11,
127:15, 132:13,
190:23, 213:13,
218:14, 220:13,
220:18
Voter [1] - 5:12
voter [39] - 19:5,
19:8, 19:14, 19:19,
54:7, 55:17, 56:8,
56:25, 69:16, 69:25,
70:11, 81:24, 88:2,
88:7, 88:20, 92:4,
92:5, 106:5, 108:4,
110:12, 113:20,
121:20, 121:23,
122:4, 123:11,
129:17, 129:23,
130:18, 168:21,
180:17, 180:19,
183:3, 183:10,
185:12, 216:18,
220:19, 220:20
Voter's [1] - 54:22
voter's [16] - 56:11,
57:12, 57:24, 58:16,
58:20, 59:12, 70:16,
71:11, 71:12, 71:15,
75:4, 89:8, 105:25,
109:9, 110:13, 198:12
voters [36] - 18:21,
25:22, 44:1, 44:2,
44:22, 44:23, 46:6,
46:19, 48:9, 48:10,
51:18, 53:7, 54:8,
64:8, 64:15, 66:1,
67:17, 72:16, 78:21,
98:7, 98:9, 98:10,
98:16, 99:17, 109:20,
119:10, 119:21,
121:2, 122:2, 124:23,
157:5, 157:11,
187:22, 209:1,
209:10, 209:15
votes [17] - 23:9,
23:11, 24:9, 44:1,
44:7, 44:8, 44:11,
44:12, 44:13, 46:4,
46:5, 46:15, 46:16,
53:7, 183:24, 186:13,
190:22
Voting [2] - 5:7,
122:19
voting [54] - 24:2,
26:8, 28:1, 28:6,
43:20, 43:24, 43:25,
44:5, 44:14, 44:17,
44:18, 46:14, 46:17,
89:19, 99:18, 110:22,
111:2, 112:17,
116:24, 117:7,
118:10, 118:11,
121:12, 121:15,
121:17, 121:19,
126:22, 129:17,
130:15, 131:6,
131:10, 131:11,
134:8, 138:1, 138:5,

143:7, 177:11,
177:15, 179:7,
182:20, 183:13,
183:20, 185:18,
186:5, 199:1, 205:22,
208:13, 214:4, 218:6,
218:7, 218:19,
218:21, 220:5
VS [1] - 1:5
W
waiting [1] - 173:19
Wal [2] - 34:16,
35:22
Wal-Mart [2] - 34:16,
35:22
walk [1] - 181:12
wall [1] - 183:2
wants [2] - 21:8,
22:13
war [1] - 25:6
warning [3] - 25:20,
118:9, 118:11
warranty [2] - 61:23,
69:12
wash [1] - 220:23
watch [1] - 11:24
Watchdog [1] 219:25
water [11] - 38:9,
38:11, 38:13, 38:19,
38:20, 38:21, 38:24,
39:5
ways [3] - 23:23,
38:18, 97:23
week [3] - 22:13,
78:16, 164:14
weeks [2] - 180:15,
203:7
weight [2] - 14:16,
14:18
welcome [1] - 144:7
west [1] - 164:3
West [8] - 68:8,
75:25, 157:23,
158:19, 163:22,
163:23, 165:25,
167:21
whatsoever [1] 108:22
WHITE [182] - 9:8,
9:20, 16:8, 17:6,
17:11, 20:21, 21:5,
21:12, 22:2, 22:25,
23:2, 23:7, 27:3, 27:5,
28:14, 30:5, 32:1,
32:4, 32:18, 33:13,
33:20, 40:8, 40:14,
42:15, 42:23, 43:10,
43:15, 47:6, 47:10,
47:19, 47:23, 49:1,

52:9, 53:2, 53:3, 53:9,
53:13, 54:10, 54:15,
60:20, 61:6, 61:16,
62:1, 62:16, 63:6,
63:16, 63:20, 63:24,
64:6, 65:4, 65:25,
66:20, 66:24, 67:1,
67:6, 67:13, 67:16,
67:21, 68:2, 70:6,
71:24, 72:3, 72:8,
72:24, 73:5, 73:7,
73:11, 73:16, 73:21,
73:23, 73:25, 74:9,
75:8, 77:6, 77:8, 79:8,
81:15, 81:20, 84:5,
87:2, 87:10, 88:1,
88:8, 88:15, 89:16,
92:3, 93:25, 94:3,
94:13, 94:16, 96:6,
99:2, 99:4, 99:16,
99:24, 117:19,
117:22, 118:18,
118:25, 119:4,
123:16, 124:8,
124:16, 124:22,
125:2, 125:7, 125:11,
125:21, 126:15,
128:8, 130:1, 132:6,
132:11, 136:1,
137:13, 137:16,
138:21, 139:10,
139:17, 139:22,
140:5, 140:15,
140:23, 141:9,
141:21, 142:1, 142:8,
145:9, 145:16, 151:3,
151:10, 151:18,
152:16, 152:19,
153:2, 154:18, 155:1,
157:10, 157:18,
161:4, 161:7, 161:9,
162:23, 165:17,
165:20, 166:5,
166:13, 168:4,
169:13, 170:3,
170:10, 173:6,
173:10, 173:12,
174:14, 174:22,
175:8, 175:14,
175:16, 175:23,
176:10, 176:19,
177:10, 178:2, 178:8,
178:20, 179:6,
182:12, 184:3, 185:3,
190:1, 190:5, 199:3,
199:24, 200:2, 202:7,
202:9, 204:13, 206:8,
218:10, 221:7, 221:10
White [1] - 2:3
white [2] - 62:16,
63:17
White.......... [1] 3:10

whole [8] - 87:8,

98:20, 121:16,
149:13, 182:15,
193:12, 202:21, 205:7
Wide [5] - 6:18,
154:13, 154:15,
154:20, 155:17
wife [16] - 68:1,
68:18, 69:13, 83:12,
83:19, 84:24, 91:15,
91:19, 92:2, 184:1,
185:3, 188:17, 197:8,
197:12, 197:13,
201:10
will.. [1] - 89:17
William [5] - 68:24,
68:25, 145:4, 160:4,
165:24
willy [1] - 27:10
willy-nilly [1] - 27:10
winding [1] - 105:9
wing [1] - 197:18
Winton [3] - 33:1,
43:5, 44:8
wish [2] - 12:3, 17:4
wit [1] - 16:17
withdrawn [3] - 7:25,
13:25, 87:19
WITNESS [10] - 29:8,
52:17, 67:24, 74:3,
93:24, 123:18,
126:10, 142:3, 170:5,
222:18
witness [40] - 10:1,
13:7, 13:12, 13:13,
14:22, 15:1, 15:10,
28:13, 29:19, 53:1,
66:21, 66:23, 67:13,
71:1, 74:1, 86:8,
92:16, 96:6, 96:24,
99:7, 102:18, 119:4,
124:25, 125:20,
125:23, 126:11,
130:1, 132:9, 138:13,
138:15, 140:23,
141:25, 168:4, 170:2,
199:3, 199:19,
204:11, 206:8,
218:11, 221:8
witnessed [1] 197:17
WITNESSES [1] 3:12
witnesses [24] 12:21, 13:6, 14:16,
14:17, 14:19, 14:24,
15:9, 15:10, 15:12,
15:20, 15:21, 23:23,
27:8, 27:12, 28:18,
28:20, 29:1, 29:11,
29:12, 29:15, 29:22,
125:24, 140:2
women [1] - 201:8
250
wondering [1] 91:22
woodlands [1] 74:20
Woodlands [102] 16:18, 17:19, 18:10,
18:11, 18:17, 30:11,
30:19, 30:24, 30:25,
31:7, 31:8, 31:11,
31:12, 31:16, 33:4,
33:6, 33:9, 33:12,
33:15, 33:22, 34:4,
34:5, 34:8, 34:9,
34:12, 34:13, 34:16,
35:1, 35:4, 35:7, 35:8,
37:13, 37:16, 37:19,
37:22, 38:1, 38:6,
38:10, 40:9, 40:19,
41:1, 41:7, 42:5, 45:4,
47:13, 53:4, 55:3,
55:7, 56:4, 56:15,
57:18, 58:5, 62:20,
68:18, 72:14, 74:18,
74:19, 74:21, 75:14,
75:25, 76:3, 76:4,
76:13, 76:21, 77:12,
78:1, 97:12, 105:2,
111:8, 114:25, 116:1,
116:17, 126:22,
127:8, 128:15,
128:23, 142:24,
143:23, 155:19,
156:1, 156:18,
157:23, 158:12,
158:19, 159:1, 159:8,
159:9, 159:15, 160:6,
171:16, 172:8,
172:16, 172:20,
179:22, 183:5, 201:9
Woodloch [2] 97:12, 97:15
word [5] - 187:4,
190:13, 200:17,
203:25, 207:1
wording [2] - 106:23,
194:3
words [8] - 19:11,
47:25, 105:20,
120:17, 130:18,
131:24, 187:9, 220:20
wore [1] - 162:18
works [1] - 36:25
world [2] - 155:17,
178:1
World [4] - 6:18,
154:13, 154:15,
154:20
worried [2] - 206:12,
210:7
worries [1] - 211:18
worry [1] - 212:25
wrap [1] - 94:1
write [2] - 130:25,
151:4
writing [4] - 129:22,
135:6, 184:22, 222:8
wronged [1] - 209:17
wrongs [2] - 100:7,
100:9
wrote [4] - 120:4,
131:8, 140:6, 183:4
WRUD [5] - 5:4, 5:5,
5:6, 5:8, 6:14
Y
y'all [1] - 8:3
year [12] - 49:4, 56:5,
150:25, 153:22,
153:23, 155:14,
156:17, 159:18,
159:24, 171:23,
171:25, 172:3
yearly [1] - 155:6
years [24] - 30:21,
30:24, 37:4, 37:5,
86:4, 86:6, 89:21,
97:5, 119:24, 133:6,
133:7, 142:17,
142:20, 144:15,
157:1, 161:22, 162:8,
170:15, 170:24,
170:25, 171:1, 172:5,
172:6
yellow [1] - 193:20
yes/no [1] - 213:10
yesterday [4] 17:13, 26:2, 93:16,
119:2
you-all [1] - 10:23
younger [1] - 194:14
yourself [11] - 30:8,
126:18, 142:9,
168:12, 170:13,
193:15, 193:18,
203:17, 210:2, 214:1,
217:6
Z
zero [1] - 153:23
zoom [7] - 45:2,
46:10, 55:14, 56:7,
82:25, 83:20, 202:21


Jenkins Trial Testimony of Phil Grant

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1

) IN THE DISTRICT COURT

On the 25th day of June, 2013, the following proceedings

came on to be heard in the above-entitled and numbered cause

before the Honorable John Stevens, Judge presiding, held in

Conroe, Montgomery County, Texas;

Proceedings reported by machine shorthand and

JUNE 25, 2013

Defendant's Motion in Limine.............

Opening Statement by Mr. White...........

Defendant's Motion for Mistrial..........

Cassandra McCoy, CSR (936) 524-6305

WRUD Boundaries Map

WRUD Board Election

WRUD Election Records

WRUD Election Records

Photograph - Residence Inn

Business Records Affidavit

Voter Registration Change

Deed Records - Adrian Heath

Deed Records - James Jenkins

Deed Records - Tom Curry

Deed Records - Bill Berntsen

Deed Records - Peter Goeddertz 67

Deed Records - Richard

Deed Records - James and Sybil

Deed Records - Roberta Cook

Deed Records - Peter Allison

Cassandra McCoy, CSR (936) 524-6305

EXHIBIT INDEX CONTINUED

Business Records Affidavit

Photos - Adrian Heath's Home

Photos - James Jenkins' Home

Photos - Thomas Curry's Home

Photos - Bill Berntsen's Home 79

Photos - Peter Goeddertz's

Photos - Sybil Doyle's Home

Photos - Roberta Cook's Home

Photos - Ben and Robert

Photos - WRUD Civil Suit

Montgomery County District

Secretary of State Filings

DPS Records - Adrian Heath

DPS Records - James Jenkins

DPS Records - Thomas Curry

DPS Records - Bill Berntsen

DPS Records - Peter Goeddertz 157

DPS Records - Richard McDuffee 157

DPS Records - Sybil Doyle

Cassandra McCoy, CSR (936) 524-6305

EXHIBIT INDEX CONTINUED

DPS Records - Roberta Cook

DPS Records - Ben Allison

DPS Records - Robert Allison

* denotes exhibits withdrawn or not admitted

(IN OPEN COURT; STATE, DEFENSE, AND DEFENDANT

to put on first, right --

Yes, Your Honor.

Yes, Your Honor.

oral motion in limine.

There's something y'all want

Comes now James --

Let me call the case.

Yes, Your Honor.