(Trial on the Merits) - Vol. 4 - 6-7-10

REPORTER'S RECORD; GENE MILLER, et al vs.
RICHARD McDUFFEE, et al
6/7/2010
(TRIAL ON THE MERITS) - Vol. 4
1 REPORTER'S RECORD VOLUME ______ OF ______ TRIAL COURT NO. 10-05-04951-CV APPELLATE CASE NO. 09-10-00293-CV GENE MILLER, BILL NEILL and WINTON DAVENPORT, ) ) ) Contestants ) ) VS. ) ) RICHARD McDUFFEE, PETER ) GOEDDERTZ, BILL BERNTSEN ) ADRIANHEATH,JAMES JENKINS ) THOMAS CURRY, BENJAMIN ) ALLISON AND ROBERT ) ALLISON, ) ) Contestees and ) Intervenors ) IN THE DISTRICT COURT OF
MONTGOMERY COUNTY, TEXAS
410TH
JUDICIAL DISTRICT
------------------------------(TRIAL ON THE MERITS) --------------------------------
On the 7th day of June, 2010, the following proceedings came on to be heard in the above-entitled and numbered cause before the Honorable P.K. Reiter, Judge presiding, held in Conroe, Montgomery County, Texas: Proceedings reported by Machine Shorthand and Computer-Assisted Transcription.
Robin Cooksey, CSR, RMR
Official Court Reporter - 410th District Court
(936) 538-8127
REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al
6/7/2010
2 1 2 3 FOR THE PLAINTIFFS/CONTESTANTS: 4 Mr. James Stilwell SBOT No. 00794697 5 Messrs. Martin, Stilwell & Jones, LLP 1400 Woodloch Forest Dr., Ste. 590 6 The Woodlands, TX 77380 (281) 419-6200 7 8 FOR THE CONTESTEES AND INTERVENORS: 9 Mr. Eric Yollick SBOT No. 22160100 10 Mr. C. Travis Owens SBOT No. 24065859 11 Attorneys at Law P.O. Box 7571 12 The Woodlands, TX 77387 (281) 363-3591 13 14 FOR THE ROAD UTILITY DISTRICT: 15 Mr. Michael G. Page SBOT No. 15408000 16 Messrs. Schwartz Page & Harding 1300 Post Oak Blvd., Ste. 1400 17 Houston, TX 77056 (713) 623-4531 18 19 20 21 22 23 24 25
Robin Cooksey, CSR, RMR Official Court Reporter - 410th District Court (936) 538-8127
A P P E A R A N C E S
6/7/2010
3 1 2 3 4 JUNE 7, 2010 5 Judge Reiter's opening remarks . . . . . 6 Announcements. . . . . . . . . . . . . . 7 Plaintiffs' Motion for Trial Amendment . 8 Intervenors' Response to Trial Amendment. . . . . . . . . . . . . . 9 Court's Miranda Warnings to parties . . . 10 Opening Statement by Mr. Stilwell . . . . 11 Opening Statement by Mr. Yollick. . . . . 19 21 24 28 37 4 4 4 4 4 Vol. 4 4 4 4 4 4 4 4 4 4 4 14 4 11 4 I N D E X VOLUME 4 (TRIAL ON THE MERITS) Page Vol.
12 PLAINTIFFS/CONTESTANTS' WITNESSES Direct Cross Voir Dire 13 JAMES STILWELL 62, 75 101 70 14 Plaintiff's Bill of Exception . . . . . . 80 15 Plaintiff's Motion for Attorney's Fees . . . . . . . . . . . . . . . . 85 16 Intervenors' Response to Attorney's Fees . . . . . . . . . . . . . . . . 85 17 Intervenors' Non-suit of Declaratory Judgment action. . . . . . . . . . . 89 18 GEORGIA KIRK 125 134 19 PATRICIA MILLER 143 150 RICHARD McDUFFEE 152, 220 178, 204 203 20 JAMES JENKINS 226 21 Adjournment. . . . . . . . . . . . . . . 22 Court Reporter's Certificate . . . . . . 23 24 25
Robin Cooksey, CSR, RMR Official Court Reporter - 410th District Court
248 249
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4 1 2 Direct 3 4 JENKINS, JAMES KIRK, GEORGIA 5 McDUFFEE, RICHARD MILLER, PATRICIA 6 STILWELL, JAMES 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
ALPHABETICAL WITNESS INDEX Cross Voir Dire Vol. 4 4 4 4 4
226 125 152, 220 143 62, 75
134 178, 204 150 101
203 70
6/7/2010
5 1 2 PLAINTIFFS' 3 NO. DESCRIPTION 4 5 2 6 7 8 9 4 10 11 12 6 13 14 15 8 16 17 18 10 19 20 11 21 22 12 23 Photographs of 66 66 Goeddertz residence 25 (* denotes exhibits not admitted or withdrawn) 24
EXHIBIT INDEX
OFFERED 49 47
ADMITTED 52 47
VOL. 4 4
Records from Residence Inn Records from Carol Gaultney, Elections Administrator and Voter Registrar Deed Records for Sybil Doyle Deed Records for Peter Goeddertz Deed Records for Adrian Heath Deed Records for James Jenkins Deed Records for Roberta Cook Deed Records for Richard McDuffee Deed Record for Thomas Curry Deed Records for Bill Berntsen Deed Records for Peter and Alice Allison Photographs of Doyle residence
47 47 47 47 47 47 47 47 47
47 47 47 47 47 47 47 47 47
4 4 4 4 4 4 4 4 4
64
64
4 4
13
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6 1 2 3 PLAINTIFFS' NO. DESCRIPTION 4 14 Photographs of 5 Heath residence 6 15 7 8 16 9 17 10 11 18 12 13 19 14 15 20 16 17 22 18 19 23 20 24 21 25 22 23 26 24 25 (* denotes exhibits not admitted or withdrawn)
EXHIBIT INDEX (Continued)
OFFERED 66 67
ADMITTED 66 67
VOL. 4 4
Photographs of Jenkins residence Photographs of Cook residence Photographs of McDuffee residence Photographs of Curry residence Photographs of Berntsen residence Photographs of Allison residence Email between James Stilwell and Laukiens MUD 36 map MUD 36 Election Records RUD Map Carol Gaultney Certification
67 68
67 68
4 4
68 69
68 69
4 4
69
75
78
(Bill of Exception) 47 47 47 55
47 47 47 53
4 4 4 4
6/7/2010
7 1 2 PLAINTIFFS' 3 NO. DESCRIPTION 4 27 5 6 7 28 8 29 9 30 10 11 INTERVENORS' NO. DESCRIPTION 12 9A Photograph 13 McDuffee Property 14 15 9C 16 17 18 9E 19 20 21 9G 22 23 24 25 (* denotes exhibits not admitted or withdrawn)
EXHIBIT INDEX (Continued) OFFERED 55 ADMITTED 61 VOL. 4
Certified Public Records J.R. Moore, Jr. Tax AssessorCollector RUD 1 Records MCAD Records MSJ Invoices `
47 47 91
47 47 92
4 4 4
OFFERED 197 197 197 197 197 197 197 197
ADMITTED 197 197 197 197 197 197 197 197
VOL. 4 4 4 4 4 4 4 4
9B
Photograph McDuffee Property Photograph McDuffee Property Photograph McDuffee Property Photograph McDuffee Property Photograph McDuffee Property Photograph McDuffee Property Photograph McDuffee Property
9D
9F
9H
6/7/2010
8 1 2 INTERVENORS' 3 NO. DESCRIPTION 4 5 9J 6 7 11 8 12 9 10 20 11 23A 12 13 14 23B 15 16 23C 17 18 19 23D 20 21 23E 22 23 24 25 (* denotes exhibits not admitted or withdrawn)
EXHIBIT INDEX (Continued) OFFERED 197 197 117 48 48 203 ADMITTED 197 197 118 48 48 204 VOL. 4 4 4 4 4 4
9I
Photograph McDuffee Property Photograph McDuffee Property May 12, 2010 Courier article Voter Record Inquiry Thomas Curry - Voter Registration Card Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee
203
204
203
204
203
204
203
204
6/7/2010
9 1 2 INTERVENORS' 3 NO. DESCRIPTION 4 23F 5 6 23G 7 8 9 23H 10 11 23I 12 13 14 23J 15 16 23K 17 18 19 23L 20 21 23M 22 23 24 25 (* denotes exhibits not admitted or withdrawn)
Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee
203
204
203
204
203
204
203
204
203
204
203
204
203
204
6/7/2010
10 1 2 INTERVENORS' 3 NO. DESCRIPTION 4 23N 5 6 23O 7 8 9 23P 10 11 23Q 12 13 14 23R 15 16 24 17 29 18 19 31 20 35 21 35A 22 23 24 25 (* denotes exhibits not admitted or withdrawn)
Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Photographs Residence Inn taken by McDuffee Mail - McDuffee MCAD Info on Laukien residence RUD map Dirk Laukien Documents Dirk Laukien Documents
203
204
203
204
203
204
203
204
211 138 48
211 139 48 *
4 4 4
140
142
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11 1 2 3 (OPEN COURT; ALL COUNSEL AND PARTIES PRESENT) THE COURT: On the Record, let me -- what What I find
4 I've -- what I find is that -- thank you. 5 is my voice carries reasonably well. 6 me? 7 8 9 MR. STILWELL: MR. YOLLICK: THE COURT: Yes, sir. Yes, sir.
Can everybody hear
Probably down the hall and the
10 other courtrooms. 11 12 Underwood. 13 few minutes. I got the call last evening from Judge I get to sit for a living, so I stand for a And I haven't called the case really yet,
14 but I would just mention that I got a phone call from 15 Judge Underwood last night, wanting to know if I could 16 be here this morning at 9:00. And I said, sure. And so
17 I got up this morning and worked out and jumped in the 18 car and actually got here about just a few minutes after 19 8:00. And I've been waiting for the assignment to be I'm no longer an illegal
20 processed so that I'm legal. 21 alien.
Being from Limestone County, of course, I've got
22 to have my papers to show I'm not an alien without 23 authority. 24 This is important stuff, and I know it's It's important to me, therefore.
25 important to you.
But
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12 1 I just want to make it clear that if anybody doesn't 2 want me to hear this case, it's sort of like the 3 marriage ceremony, speak now or forever hold your peace. 4 I'm happy to do it. 5 decision. 6 Hopefully I'll make the right
But if anybody doesn't want me, tell me now. Plaintiff? Intervenor? Defendant? I
7 judge by your silence that you may not want me, but 8 you're not going to say anything about it. 9 Okay. Well, I appreciate your courtesy;
10 and I will try to be as fair as I can about handling 11 this matter. 12 There are several witnesses here. I assume
13 the Rule will be invoked?
Is that likely or -- or how
14 are we going to handle that? 15 16 Yollick -17 18 THE COURT: MR. YOLLICK: Yes. -- for the Intervenors. And MR. YOLLICK: Your Honor, this is Eric
19 all of these people are my clients. 20 21 to be in here. 22 MR. YOLLICK: Yes. I don't think we have THE COURT: Okay. And so they're entitled
23 any -- at least that I'm aware of, any non-party 24 witnesses in here. 25 THE COURT:
And on your side, sir.

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13 1 MR. STILWELL: And, Your Honor, James
2 Stilwell on behalf of the Plaintiffs; and present with 3 me are two of my three clients. My other client is out
4 of town and unable to be here, but that's just fine. 5 THE COURT: And the spouses of your clients
6 are entitled to be here. 7 MR. STILWELL: That's fine. And I have
8 a -- an attorney from my office that is present. 9 10 THE COURT: Yeah. I met her earlier. And then we have So I
MR. STILWELL:
Right.
11 another attorney that's sitting in and watching. 12 don't know of any -13 14 THE COURT: Okay.
MR. STILWELL:
I don't know who the other
15 two individuals in the back of the courtroom are. 16 17 18 THE COURT: Yes, sir. MR. PAGE: Your Honor, Michael Page on Well, do me this favor.
19 behalf of The Woodlands Road Utility District; and I'm 20 afraid I'm here alone. 21 THE COURT: And I was going to say, you
22 feel a little bit like the Lone Ranger, don't you? 23 24 MR. PAGE: THE COURT: Yes, sir. Well, if anyone comes in that
25 needs to be placed under the Rule, I hope you would tell

6/7/2010
14 1 me. 2 This is Cause No. 10-05-04951-CV. The
3 style is Gene Miller, et al. vs. The Woodlands Road 4 Utility District No. 1, Montgomery County, Texas; and 5 there is an intervention by Richard McDuffee, et al. 6 What says the Plaintiff as far as going
7 forward to trial this morning? 8 MR. STILWELL: Your Honor, James Stilwell
9 on behalf of the Plaintiffs, Gene Miller, Bill Neill, 10 and Winton "Buck" Davenport. There is a matter of a
11 trial amendment that needs to be taken up before the 12 Bench; but assuming that trial amendment occurs to 13 properly style this as an election contest, Plaintiffs 14 are ready to proceed. 15 16 17 also. 18 19 20 issue, also. THE COURT: I'm sorry, sir? And I do have one scheduling THE COURT: Very well. With one scheduling issue,
MR. STILWELL:
MR. STILWELL:
Because I thought that we were going to be
21 selecting a jury this morning, I have a little bit of a 22 timing of when my first witnesses are going to arrive. 23 THE COURT: Mr. Stilwell, believe me,
24 that's not a problem. 25 barely.
I -- I can remember -- just
I've been doing this job, man and boy, for 32

Official Court Reporter - 410th District Court (936) 538-8127
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15 1 years. My children asked me what I want to be when I But I can recall very
2 grow up, and I'm working on that.
3 early in my career insisting on people going forward, 4 especially in criminal cases, because I hardly ever 5 found a criminal defendant that wanted a speedy trial. 6 They wanted a speedy acquittal, but they didn't want a 7 speedy trial. So I made people move ahead. I take a
8 much more laid-back approach today than I did in those 9 days. And you just tell me what you need to do, The Court would be pleased to work with you. I
10 timewise.
11 I've got all the time in the -- well, not really. 12 have an adequate, I assume, time to work.
My -- I'll be
13 trying a case starting next Monday, but I don't think it 14 will take that long here. 15 16 17 18 But you're otherwise ready to proceed. MR. STILWELL: THE COURT: MR. PAGE: Correct, Your Honor.
And what says the District? Your Honor, if the trial
19 amendment is made to properly cast this as an election 20 contest, then the District is, at that point, no longer 21 a proper party and would ask to be removed from the 22 suit. 23 We would stipulate, however, to a
24 standstill until the conclusion of this trial. 25 THE COURT:

All right.
If we may come back

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16 1 to that moment and let me see where the Intervenor 2 stand. 3 Mr. Yollick? MR. YOLLICK: Your Honor, the Intervenors
4 are ready for trial.
If there is a trial amendment, we
5 may want to respond to that trial amendment with a trial 6 amendment as well. 7 I have one other concern; and that is, that
8 actually today is the deadline by which the plaintiffs 9 in this case need to serve a copy of their petition on 10 the Secretary of State, if we are following the election 11 contest provisions. And I just want to make sure that
12 that goes forward and happens as well. 13 14 thoughts, sir? 15 MR. STILWELL: I'm -- I will need to look What THE COURT: Mr. Stilwell, what are your
16 at the provision that Mr. Yollick is identifying.
17 I would tell you is generally election contests, the 18 time period on the statute of limitations doesn't begin 19 to run until the results are certified. 20 21 canvas. 22 MR. STILWELL: The 30-day period after THE COURT: Well, right. Until after the
23 which you can file an election contest; and we are at a 24 situation where there haven't even been results 25 certified because of the prior injunctive relief that
6/7/2010
17 1 has transpired. 2 3 the law. 4 canvas? 5 6 7 canvas? MR. YOLLICK: THE COURT: Yes, it is. Within 30 days after the THE COURT: Well, I always need to learn
Isn't that the case, that it's after the
Now, y'all could stipulate, if you choose to,
8 that the canvas, were it done today, would reflect 9 whatever it is that has caused you to come here before 10 the Court today and then the 30 days start ticking, I 11 would think. If y'all -- and I assume you can stipulate You may want to kind of take a
12 to that if you choose.
13 few minutes to write out the stipulation and then get it 14 on the Record. 15 16 Would that be convenient, Mr. Yollick? MR. YOLLICK: That's fine, Your Honor. My
17 only concern is, once again, it's a jurisdictional one, 18 obviously, that's on everyone's mind at this point; and 19 I just want to make sure that we follow the procedures 20 so that all of a sudden, we don't go through this whole 21 process and then discover that the Court didn't have 22 jurisdiction because the Secretary of State wasn't 23 served. 24 25 happens?
So -THE COURT: Don't you hate that when that
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18 1 2 MR. YOLLICK: THE COURT: That would be uncool. Yeah. We would all hate that.
3 It would be an exercise in exercising only, and that's 4 not fair. 5 So do you -- do you attorneys want to visit
6 maybe in the jury room for a moment or two and see if 7 you can write out what the stipulation would be, 8 vis-a-vis, the canvas? 9 MR. STILWELL: Well, actually I don't think
10 that Mr. Yollick's issue is canvas because you can 11 certainly file an election contest before a canvas 12 occurs. 13 14 15 allowed. 16 the issue. 17 MR. YOLLICK: I think that as long as there THE COURT: That is correct. And so it's entirely
MR. STILWELL:
So whether or not it's been canvassed is not
18 is an agreement that the Clerk of the Court will send a 19 copy of the petition by certified mail to the Secretary 20 of State today, then I think we're fine. 21 22 Stilwell? 23 24 25 MR. STILWELL: THE COURT: MR. YOLLICK:
THE COURT:
Does that satisfy you, Mr.
Fine by me.
The Clerk disappeared on us. She knew what was about to

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19 1 happen. 2 THE COURT: Would you see if a clerk can
3 join us for just a moment? 4 We need to get that covered, though, before
5 we go forward, I think. 6 Were there any other -- oh, let's see. You Was there an objection
7 had the trial amendment matter. 8 to the trial amendment? 9 10 11 sorry. 12 MR. STILWELL: THE COURT:
Well --
And then what's our -- I'm
Go ahead, Mr. Stilwell. MR. STILWELL: And I guess I haven't
13 properly stated to Mr. Yollick or to you, Judge, what 14 that trial amendment is. 15 The pleadings to this date have all been
16 couched under Section 273 of the Election Code, the 17 injunction relief statutes. And what we're all talking
18 about this morning is proceeding under Chapter 231 and 19 232 of the Election Code, which is the election contest 20 provisions of the Election Code. And it would simply be
21 a trial amendment on behalf of my three clients, the 22 candidates, to declare an election contest and bring 23 before this Court a contest seeking to invalidate ten of 24 the 12 ballots that were cast in the election. That is,
25 the ten ballots that were cast by those who were framed
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20 1 as the intervenors, plus Roberta Cook and Sybil Doyle. 2 3 THE COURT: MR. YOLLICK: And then -Is there a response you would Is that your understanding? Your Honor, that is my
4 understanding. 5
THE COURT:
6 choose to make to that? 7 MR. YOLLICK: Yes, Your Honor. We would
8 want to do a trial amendment in accordance with Section 9 232.003 of the Election Code, specifically -10 THE COURT: Do you want to do -- just do
11 that on the Record? 12 13 14 MR. YOLLICK: THE COURT: MR. YOLLICK: Sure. All right. And all we would do is, we
15 would specifically deny the allegations in the -16 17 18 alligator. 19 THE COURT: MR. YOLLICK: Yes. THE COURT: Anything else, gentlemen? Then And defy the alligator. That's absolutely an
20 should we consider that oral presentation on the Record 21 as your trial amendment on behalf of the Plaintiff? 22 23 MR. STILWELL: THE COURT: Yes, Your Honor.
And your statement as your
24 response to it on the Record, understand that's adequate 25 under the law and the Rules of Civil Procedure.
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21 1 2 MR. YOLLICK: THE COURT: Yes, Your Honor.
Now, is there any reason for
3 this nice gentleman to stay here? 4 MR. STILWELL: I think no longer as a
5 party, Your Honor, because the contestants and the 6 contestees and a few intervenors, I think, are the 7 parties before you. 8 MR. YOLLICK: Your Honor, my
9 understanding is that the District has agreed to 10 stipulate that it will be bound by the result of this 11 trial. If that is correct, then I also would agree to
12 permit the District to be dismissed from this part of 13 the case. 14 THE COURT: Then that -- I'm sorry. Is
15 that the agreement by and between parties that the 16 District may be dismissed from the case by the agreement 17 of the parties, and this learned gentleman can go about 18 his other profitable business? 19 20 21 22 23 24 25 here. MR. STILWELL: THE COURT: MR. YOLLICK: THE COURT: MR. PAGE: THE COURT: Indeed.
Is that agreed, sir? Yes. All right. Agreed. It's been a pleasure having you You might come up here
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I wish you could stay.
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22 1 and tell me what to do. 2 3 Your Honor. 4 5 here. 6 Did you want a few minutes, Mr. Stilwell, Let me tell you how I What I do, THE COURT: Okay. Thank you for being MR. PAGE: I'll retire to the back row now,
7 to get your thoughts together?
8 would proceed, if that's some help to you.
9 whether it's hearing or trial is, I give each side the 10 opportunity to give an opening statement and then we 11 proceed with the evidence and then we have closing 12 argument. The party with the burden of going forward
13 with the evidence and the proof, having the chance to 14 open and close the summation, sandwiching Mr. Yollick in 15 between. 16 And I'm different from every other judge. First So
17 I don't care if your cell phone goes off or not. 18 of all, if it goes off, it will probably be mine.
19 I'm going to put mine, instead of ring loud, just on 20 vibrate, which would be a nice thing to do. 21 rings, answer it for crying out loud. 22 to contact you. 23 24 thought. 25 THE COURT:
But if it
People are trying
So... Your Honor, I do have one
MR. STILWELL:
Yes, sir.
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23 1 MR. STILWELL: And that is, Mr. Yollick and
2 I have not taken a few minutes to sit down and talk with 3 each other about our exhibits; and it might be that we 4 could come to some agreements on the exhibits that might 5 make for good judicial efficiency moving forward. 6 THE COURT: That's -- that's a great idea.
7 If y'all choose to do that, you're welcome to visit 8 about it. 9 One other thing. I believe that Judge
10 Mayes promised back at a pretrial or at least a prior 11 hearing that he wanted to give the Miranda warnings to 12 everyone without picking on any one group of folks or 13 any other; but just out of an abundance of caution -14 and I'm perfectly willing to do that if you want me to. 15 I -- I don't know how necessary it is, but I -- it's my 16 general idea to follow the promises of the resident 17 judge. It doesn't take long, and it's reasonably And it's not intended to discourage anybody
18 painless.
19 from testifying, but it's to make sure that you 20 understand. 21 See, the United States Supreme Court now
22 says that Miranda warnings are not necessary, that they 23 are not constitutional. But everybody is accustomed to Silly.
24 it, so we will keep it in force. 25 MR. YOLLICK:

Your Honor, if I could

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24 1 briefly respond. 2 3 THE COURT: MR. YOLLICK: Yes, sir, please. I -- I would tend to agree
4 with the United States Supreme Court on this one, and 5 specifically for this case, and I have some authorities 6 that I can show the Court. Because this is a civil
7 case, I don't believe that Miranda warnings to, for 8 example, the Plaintiffs or anyone involved with the RUD 9 or the Intervenors would be appropriate. 10 THE COURT: Do you think it would be
11 harmful, though, if I just ran through them real 12 quickly. I may not even do them right. But everybody
13 is entitled to remain silent. 14 testimony.
You don't have to give
If you do, anything you say can and most You're entitled to
15 likely will be used against you.
16 have an attorney present, any statement you make, and to 17 have attorneys present. And if you start to give a
18 statement -- unless you're on the stand testifying, then 19 that's a different story -- but if you start to give a 20 statement, you may end it at any time and you're 21 entitled to have your attorney present. If you don't
22 have the money to hire an attorney, then the Court will 23 appoint one. 24 talk about. 25 MR. YOLLICK:
Those are the kind of things that I would
Sounds like you just covered

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25 1 it. 2 3 that. 4 Okay. I probably left something out, but Why don't we take a brief THE COURT: Oh, golly. I didn't realize
5 that doesn't matter either.
6 recess, and I'll wait patiently until you tell me it's 7 time to go forward with the opening statements. 8 a fair deal? 9 MR. YOLLICK: Yes, Your Honor. I just Is that
10 wanted to give the Court a paper copy of our trial 11 brief -12 13 THE COURT: MR. YOLLICK: Okay. -- which we had filed
14 electronically. 15 THE COURT: Great. Thank you, sir. And
16 I'm sure that Mr. Stilwell has a copy of it. 17 18 19 Your Honor. MR. YOLLICK: MR. STILWELL: He does. I do have a copy of that,
I previously had filed at the temporary
20 injunction stage an extensive Bench brief and I'll be 21 happy to provide the Court with a copy of that as well. 22 THE COURT: I may have a copy of them. I
23 may have a copy of both of those. 24 got a copy of. 25 Court's charge.
Let's see what I've
I even have two -- oh, that's the
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26 1 MR. YOLLICK: Also, Your Honor, if I could,
2 the Court, I think, has met Leesa Hyder from my office 3 before. And this is Travis Owens, an associate. He's
4 an attorney. 5 6 guys.
And Jeff Luedtke, who is in the back. THE COURT: And it's a pleasure to see you I thought so. I
We have met before, haven't we?
7 remember watching you turn around and getting this or 8 this from her, depending on -9 MR. YOLLICK: She telegraphs to me what I'm
10 supposed to say. 11 THE COURT: I think this is yours and you
12 may want -- oh, no.
This is the -- this is District's.
13 And you might -- someone might give that back to the 14 District. I don't know if these are necessary. You
15 might hand that to Mr. Yollick. 16 MR. STILWELL: I will. And that was the
17 Bench brief from the temporary injunction. 18 THE COURT: Okay. That's good. Thank you.
19 And I will go read those briefs while y'all are trying 20 to streamline the issue of exhibits. 21 Why don't we take a break and just go
22 forward when the attorneys tell me they're ready to go 23 forward. 24 25 (SHORT RECESS) THE COURT:
We're returning now to the

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27 1 Record. While we were off the Record, the Court signed
2 the agreed order quashing the subpoena of J.R. Moore, 3 Jr., and so that issue of quashal is out of the way. 4 I'm advised that the attorneys have done
5 some work on the exhibits that are to be tendered and 6 perhaps even agreed on the admissibility of some. 7 there is a large, looks like a slate board with a 8 drawing on it, that Mr. Stilwell wants to talk from. 9 Are you ready to proceed with your opening And
10 statements, sir? 11 MR. STILWELL: I am ready to proceed with
12 opening statement. 13 THE COURT: Mr. Yollick, are you ready for
14 him to proceed, sir? 15 16 17 sir. 18 MR. STILWELL: And, Your Honor, just as a MR. YOLLICK: THE COURT: Yes, Your Honor. Very well. You may proceed,
19 matter of style, would you prefer for me to stand here 20 to address you for the opening statement or what would 21 be your pleasure? 22 23 happiest. THE COURT: Whatever makes you the
I'm told by my wife I don't hear very well,
24 but surely it's not true. 25 MR. STILWELL:

Well, I think that in order

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28 1 to use the board demonstratively, if it's okay, I may 2 approach to here. 3 4 from is fine. THE COURT: Wherever you choose to work
Unless there is some objection, I can't
5 think of why there would be, but if there is, I'll 6 traverse that. 7 with -8 9 Yes, sir. MR. YOLLICK: May I sit in the witness box But why don't you proceed, Mr. Stilwell,
10 just so I can see? 11 THE COURT: I would if I were you, but
12 there is not room for both of us. 13 14 15 On the Record, you may proceed, sir. MR. STILWELL: May it please the Court.
Your Honor, I am James Stilwell from the
16 law firm of Martin, Stilwell & Jones; and I am here 17 today representing my three clients, two of whom are 18 available and present for the trial today, Ed Gene 19 Miller and Bill Neill in their individual capacity as 20 candidates in an election. 21 My third candidate, Winton "Buck"
22 Davenport, had to be out of town on business and very 23 much wishes he could be here, but apologize for not 24 being available. 25 This case that we're here on today involves
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29 1 the May 8 election for The Woodlands Road Utility 2 District No. 1 of Montgomery County, Texas. I note the
3 judge is generally familiar with Montgomery County, has 4 been here many, many times; but The Woodlands Road 5 Utility District may be something somewhat new to you. 6 And I think that the evidence will show
7 that the proper boundaries of The Woodlands Road Utility 8 map are this kind of coffee-colored item that is on the 9 map. To give you a little bit of location and
10 identification, this main block that is in this area is 11 generally referred to as The Woodlands Town Center, the 12 location where the mall and some of the surrounding 13 commercial district is. 14 And then you see that the Road District,
15 being a road district, follows many of the lines of the 16 actual surface of the roadway; for instance, Woodlands 17 Parkway, all the way out to FM 2978, Research Forest, 18 and some of the other main arterial roads in The 19 Woodlands, both going north/south and going east/west. 20 In addition, Your Honor, during the course
21 of this case, you'll also hear some evidence about an 22 adjacent area that is called MUD 36, Municipal Utility 23 District 36. And we'll be telling you a little bit
24 about what the evidence shows because some of the same 25 people that voted in the Road Utility District also
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30 1 voted in the Municipal Utility District election. And
2 the bounds of MUD 36 -- a little bit harder to see -3 but it's this purple gradient that is entirely to the 4 south of the Road Utility District. The MUD 36, its
5 northern most boundary is Woodlands Parkway; and the 6 evidence would show that no part of MUD 36 goes north of 7 Woodlands Parkway. 8 evidence. And that will become interesting for
We'll show later in the case that no part of
9 the RUD is in MUD 36 and no part of MUD 36 is in the 10 RUD, but the same people managed to vote in both 11 elections or some of the same people managed to vote in 12 both elections. 13 What the evidence is going to show, Your
14 Honor, is that the district mostly consists of the 15 surface of roads -- and, here again, I'm talking about 16 the Road Utility District -- the surface of roads and 17 the commercial tax base to support the building of other 18 roads, plus a very small number of voters. 19 The evidence will show that in even
20 numbered years, like 2010, the year that we're in now, 21 three directors are up for election; and in odd numbered 22 years, two directors are up for election. So it's a
23 board of five directors that runs the district. 24 This year, being an even numbered year,
25 there were three candidates up for election; and the

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31 1 evidence will show that my three clients are long-time 2 directors who have been directors of the district for 3 quite awhile, sought reelection to the district. And
4 the evidence will also show that there was a group of 5 ten people who got together to try and manipulate and 6 change the outcome of that election. 7 These ten individuals live all over And you'll see, the evidence will
8 Montgomery County.
9 show, photographs of the different locations that they 10 have claimed as their homesteads, that they had their 11 voter's registration at prior to the date of this 12 election. Their deed records and other evidence shows
13 where these individuals up to the point of trying to 14 manipulate this election had resided; and you'll 15 generally see that there is dots, yellow dots with red 16 letters on them listed A through I. 17 A, the first one being Sybil Doyle, located
18 here off of a road called Bending Oaks, which is just 19 slightly north of 242, east of I-45, not within the 20 confines of The Woodlands, not within the confines of 21 the Road Utility District, not within the confines of 22 MUD 36. 23 That's Sybil Doyle. Second, Mr. Goeddertz. Mr. Goeddertz was
24 one of the opposing candidates in the election. 25 Mr. Goeddertz, the evidence will show, had all of his
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32 1 information -- his residence, his deed records, his 2 homestead declaration, his application to be a candidate 3 in this election -- declared that address out here, 4 Hartman Road, as his permanent residence address, all of 5 this prior to when they tried to manipulate and change 6 the outcome of the election. So, out in Stage Coach --
7 technically he's outside the bounds of Stage Coach. 8 It's in the Magnolia area, but it's more or less Stage 9 Coach, Your Honor. 10 Mr. Adrian Heath. You'll see the dot for
11 Mr. Adrian Heath is located right here in the middle of 12 the map of The Woodlands. He does reside in The
13 Woodlands, but not within the bounds of the Road Utility 14 District. 15 D, Mr. James Jenkins. Mr. Jenkins also He lives
16 lives with the bounds of these -- Dot D.
17 within the bounds of The Woodlands Township, but not 18 within the bounds of the Road Utility District. 19 E, Roberta Cook. You'll see Ms. Cook lives That is in the Mosswood
20 up here off of Sycamore Drive.
21 area that is just slightly south of River Plantation. 22 You take the River Plantation exit off of I-45 in order 23 to get to her house. 24 F, Mr. McDuffee. Mr. McDuffee's house, way Significantly east
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25 down here, Benders Landing Estates.

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33 1 of I-45 out in the Benders Landing Estates Development. 2 And then G, Thomas Curry. Mr. Curry is out
3 here in a development called Stonecrest, out 242 towards 4 the eastern portion of Montgomery County. 5 Curry, we just talked about. 6 H, Bill Berntsen. Mr. Berntsen lives down G, Mr. Tom
7 here, again in the southern part of The Woodlands, 8 outside of the bounds of the Road Utility District, 9 outside of the bounds of MUD 36. 10 And then two brothers, Benjamin and Robert
11 Allison, live out here in Cut & Shoot and also voted in 12 the Road Utility District election. 13 These ten individuals got together and
14 decided that they were going to run three candidates and 15 vote in the Road Utility District election. And so what
16 they did was, around April Fools' Day -- some a little 17 bit earlier, some a little bit later, but generally 18 around the first of April -- they changed their voter's 19 registration cards. They went to the -- they filled out
20 voter's registration applications and identified, sworn 21 under penalty of perjury, that their residence address 22 was here, 9333 Six Pines Drive, a hotel. They declared
23 their residence in Marriott Hotel at 9333 Six Pines 24 Drive as their residence for purpose of the election. 25 And they swore under penalty of perjury when they signed
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34 1 it that day that that was their residence address. 2 Now, what the evidence is going to show is
3 that as a matter of fact, on the date that they signed 4 those cards, all generally around, plus or minus, April 5 Fools' Day, that, in fact, they had not been and were 6 not guests of the hotel, much less resided there. 7 So the evidence is going to be very clear.
8 We're going to offer the evidence of the Residence Inn 9 Marriott and their guest registration records for 2010 10 which would clearly show that on the date that they 11 signed their voter registration cards swearing that that 12 was their address, that they did not, in fact, reside at 13 the Residence Inn Marriott hotel. 14 The evidence will show that about a month
15 later, around the time of the May 8 election, that 16 several of them did, in fact, at that point check in to 17 the hotel. And the hotel records will show that a
18 variety of them, not all of them, but a variety of them 19 checked into the hotel and stayed at the hotel the night 20 before the election and the night of the election, and 21 then checked out the next day. 22 Obviously, Your Honor, these people are not I mean, they have homes. They have That's
23 homeless people. 24 deed records.
They have declared homesteads.
25 where their voter's registration was before they decided

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35 1 to manipulate this election, but ultimately their 2 furniture wasn't at the hotel. 3 the hotel. Their pets weren't at
They stayed there a very short period of
4 time in order to try and pull off this shenanigan. 5 So the evidence will show that these ten
6 individuals voted in The Woodlands Road Utility District 7 election in order to try and change the outcome of that 8 result and to elect three of themselves as the majority 9 of the Board of Directors of the Road Utility District. 10 Now, in addition to those ten individuals
11 voting in the election, there were two other voters in 12 the election, a total of 12 votes cast in the election. 13 The other two voters were two individuals named Dirk and 14 Kate Laukien. Dirk and Kate Laukien have a residence
15 that is located within the bounds of the Woodlands Road 16 Utility District and there will be evidence that will 17 come in in this matter that shows pictures of their 18 home, the interior of their home, and so forth. There
19 will be public records that identify their voter's 20 registration cards and public records that identify, in 21 fact, that it is indeed their residence address. 22 So two individuals voted in the election,
23 and the evidence will show that those two individuals 24 voted for my three candidates; that is, my three 25 clients. And so ultimately the outcome of the election
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36 1 was ten of the people who tried to manipulate and change 2 the outcome of the election voted for three of 3 themselves, and the two legitimate voters in the 4 district voted for the three incumbents. So,
5 ultimately, at the close of the polls on May 8, the 6 unofficial results came in 10 to 2. 7 My clients stand firmly convinced that what
8 happened was morally wrong, ethically wrong, and legally 9 wrong. They hired me to bring this action to try and
10 prevent the improper ballots from being, you know, 11 official results of the election. 12 that has occurred. 13 This trial will put evidence into your And so far to date
14 hands, Judge, to help you and place before you the 15 question of whether this group of people can try and 16 manipulate an election by declaring a hotel for a couple 17 of nights their residence or whether the truth is really 18 that you have to vote where you live. 19 The evidence will come in in a variety of
20 different ways, and -- and we'll have the opportunity to 21 go into that in just a little bit. But I think the
22 bottom line in this matter is, you have a variety of 23 people all over Montgomery County who decided to try and 24 manipulate an election that -- where they didn't live. 25 And that's what the evidence will show.
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37 1 2 3 see. THE COURT: Thank you, Mr. Stilwell.
On behalf of the Intervenors, now -- let's You were Intervenors. What are you now? Still
4 intervenors? 5 MR. YOLLICK: I'm not really sure what we
6 are, Your Honor. 7 8 9 THE COURT: MR. YOLLICK: Okay. You may proceed, sir.
Thank you, Your Honor.
May it please the Court, distinguished My name is Eric Yollick. I want to
10 opposing counsel.
11 briefly introduce the Court to my clients, or as 12 Mr. Stilwell would refer to them, the people who tried 13 to manipulate and change the outcome of the election. 14 think that's a matter of perspective. In our I
15 perspective, we tried to win the election and 16 Mr. Stilwell's clients in the RUD tried to manipulate 17 and change the outcome of the election, and I'll tell 18 you about that in a minute. 19 Let me just briefly introduce you to my Mr. Thomas
20 clients as they're sitting along the wall. 21 Curry.
Tom will testify and tell you about where he
22 currently lives, which is 9333 Six Pines Drive; The 23 Woodlands, Texas. Tom is a married man. He works on
24 industrial machines and does complex service maintenance 25 and repairs on those machines.
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38 1 2 address. Mr. Bill Berntsen. Bill lives at the same His
Bill is a retired analyst and programmer.
3 last gig was with Reliant Energy. 4 Mr. Pete Goeddertz. Pete is a flooring and
5 tile contractor.
Pete also lives at the same address.
6 And Pete now, by the way -- and please sit down, Pete. 7 Thank you. 8 And I'll tell you something about all of
9 them in a second that applies to all of them. 10 Mr. Benjamin Allison. Ben is 24 years old.
11 He is working as a mortgage broker and mortgage banker 12 with a company called Mega Mortgage, which I think 13 they're in Magnolia and -- or kind of close to I-45, but 14 towards Magnolia. 15 in Willis. And Ben used to live with his parents
His parents actually, I think the evidence Two parents, seven
16 will show, have seven children. 17 children.
They were living in an 1800 square-foot house
18 and Ben and his brother, Robert -19 20 Robert, why don't you stand up. Robert is 18. He's an apprentice HVAC
21 repairman and service technician working to get his 22 license. Ben and Robert made a decision that it would
23 be time to find their own place to live and so they 24 moved out of that 1800 square-foot home. 25 Jim Jenkins.
Jim is a -- actually quite an

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39 1 experienced businessman. Jim is an electrical engineer,
2 got his degree from the University of Houston and Rice. 3 He has had a few different companies. Westview
4 Instruments is probably the most prominent company, 5 which actually had a case that went all the way to the 6 U.S. Supreme Court, what, about two decades ago on a 7 patent issue. The Markham cases. I don't know if you
8 ever heard of Markham hearings, but that was -- Jim was 9 actually directly involved in that case. 10 But Jim designs microprocessors, and he --
11 mostly they're very specialized microprocessors and then 12 he has other people construct them for a business that 13 he has in Spring. And he's a married man and has many
14 children and grandchildren as well. 15 16 by. Mr. Richard McDuffee. Rick is what he goes
Rick is a, to some degree, a financial planner; but
17 he really -- he's mostly a securities broker with a 18 couple of pretty well-known securities companies. 19 20 I've introduced you to Robert. And then Adrian Heath. Adrian was with He is the
21 National Oilwell Varco.
He was laid off.
22 gentleman who Mr. Stilwell mentioned had a home or has a 23 home in The Woodlands -- or a house in The Woodlands. 24 And I think you'll hear testimony that the whole concept 25 of running candidates for The Woodlands Road Utility
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40 1 District and of everyone moving their domiciles to a 2 location so they could vote in the election, Adrian had 3 a lot to do with that and did quite a bit of research. 4 That's why we all jokingly refer to him as the general. 5 Adrian is right now looking, I think, for employment; 6 but he is right now, as I said, he was laid off. 7 Now, I think what the evidence is going to
8 show is a couple of things; but before I mention those 9 things, let me just point out to the Court that the case 10 law in Texas is pretty clear about two points: If you
11 have votes that are cast in an election, those votes are 12 treated as sacrosanct unless by clear and convincing 13 evidence they need to be cast aside. And I think that
14 that is the burden that the contestants have in this 15 case. That they have to show that the ten votes that
16 were cast against them should be set aside. 17 Now, I will say that the Intervenors have
18 essentially a counterclaim, or whatever you would call 19 it, a claim in intervention, that Mr. and Mrs. Laukien's 20 votes, the two votes that were cast in favor of the 21 contestants, should also be cast aside and I'll tell the 22 Court about that in a minute. 23 But I think that the law is also pretty
24 clear on another point; and that is, that in Texas the 25 residence requirements in order to be able to vote on an
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41 1 election are fairly loose. And that specifically what
2 they are is that you first go to Section 11.00 -3 4 5 MR. STILWELL: THE COURT: Your Honor? Yes, sir.
Excuse me, sir.
MR. STILWELL:
I'm going to object because
6 this is about what the evidence will show, not what the 7 law will show. The Court's already been provided with
8 briefing on what the legal elements of a residence are. 9 And we previously provided Judge Mayes with copies of 10 jury instructions identifying that, the actual questions 11 to be determined. 12 I don't think opening argument is the
13 proper place for argument of the law, but rather what 14 the evidence will show. 15 16 trial. MR. YOLLICK: Your Honor, this is a Bench
I mean, I would certainly agree with that if we
17 were in front of a jury; but I'm trying to put the facts 18 that I believe the evidence will show in the context of 19 the law, and I'm going to be brief about it. 20 THE COURT: Well, I'm not greatly offended,
21 like -- since it is a Bench trial and there is hardly 22 anybody in the courtroom that needs the law explained 23 more clearly than I do. 24 thoughts, Mr. Stilwell. 25 Why don't you go forward?
So -- but I thank you for your
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42 1 MR. YOLLICK: And I'll be brief. Your
2 Honor, the law is clear, though, that under Chapter 11 3 of the Election Code, that you look to whether or not a 4 person who voted on election day was, in fact, 5 registered for that and did live in the district on 6 election day as to whether or not their votes should be 7 counted. 8 Which would -- the election day, by the
9 way, was May 8, 2010. 10 Now, the issue, then, is whether or not my Now, You
11 clients had volition, intent and bodily presence. 12 the bodily presence requirement is somewhat loose. 13 don't have to live there continuously. 14 temporary absences.
You can have
There are authorities that show you
15 can even be gone 364 days a year as long as you consider 16 this place your home and you intend to return there. 17 And I think that the evidence is going to
18 be pretty clear that my clients, who are sitting in this 19 courtroom, they made a decision that they were tired of 20 this Road Utility District being manipulated because of 21 the amount of money that was being spent and the taxes 22 that were being spent on this district and they made a 23 decision. And the decision they made was that they were
24 going to change their homes. 25 Now, I think -- and the one thing that I
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43 1 didn't tell the Court and I said I was going to that's 2 common to all of my clients is, these people, even 3 though they look normal in this courtroom and are 4 dressed normally, they are not normal. 5 political activists. They are
These are some of the most ardent
6 political activists you will ever meet. 7 Jim Jenkins has been working on political He was a city
8 issues intensely for three decades.
9 councilman in the City of West University Place, I think 10 the evidence will show. He's been extremely active in He has run for He has been
11 the political party of his choice.
12 office before within the Republican party. 13 as active as you can be.
I think that in many ways, Jim
14 has been a leader of this group because of his activism. 15 Similarly, Adrian Heath, because of his
16 interest in the Road Utility District in particular, has 17 also been a leader of his group; but I think you will 18 find that these are people who, even though they have 19 regular jobs, that they are intensely obsessed with 20 politics. And so I -- the reason I mentioned it is, is And I
21 because one of the three elements is intent.
22 think the evidence is going to be pretty clear that 23 these gentlemen made the decision that they would move 24 their homes so that they could legally vote in the Road 25 Utility District in the election on May the 8th, 2010.
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44 1 Now, as far as bodily presence, I think
2 this is where we are going to respectfully disagree with 3 Mr. Stilwell and the plaintiffs' characterization. 4 think the bodily presence of the intervenors, in 5 particular these seven intervenors before this Court, is 6 going to be quite a bit more than what Mr. Stilwell 7 described. 8 Now, there is no question that there was a I
9 decision made by these gentlemen and two others who are 10 no longer before the Court to move their residences and 11 there is no question that they made that decision 12 somewhat as a group. They made it largely because of
13 political interests, but they also -- at least some of 14 them, for example, Jim Jenkins, I know, and the 15 Allisons -- had some non-political reasons why it made a 16 lot of sense for them to move their homes to 9333 Six 17 Pines Drive, which is, in fact, the Residence Inn. 18 As far as volition, I don't think there is
19 any question that they did so voluntarily of their own 20 free choice. So, Your Honor, I think that the evidence Actually, the burden of proof is
21 will be pretty clear.
22 on the contestants, so it doesn't need to be clear on 23 our side, although I think that it will be. 24 25 Laukiens. Now, let me just briefly talk about the Mr. and Mrs. Laukien are extraordinarily
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45 1 wealthy individuals. They -- as Mr. Stilwell mentioned,
2 they own several of the office buildings in The 3 Woodlands, including some of the high-rise office 4 buildings in Town Center. Mr. Laukien is a Ph.D.
5 physicist who has a large ownership interest in a 6 publicly-held company called Bruker Optics. 7 I think the evidence is going to be very
8 clear that the Laukiens work closely with The Woodlands 9 Development Company which works closely with The 10 Woodlands Road Utility District. That The Woodlands
11 Road Utility District basically passes revenue bonds, 12 collects revenue and taxes and then awards contracts to 13 The Woodlands Development Company. That they work very
14 closely together and that the Laukiens, who, by the way, 15 are actually the landlords of both the Development 16 Company and the Road Utility District, they were the two 17 who voted in favor of the contestants in this election. 18 I think the evidence is going to be pretty
19 clear, however, that while Mr. and Mrs. Laukien may at 20 this moment for the purpose of this election be claiming 21 that there is a building at 2630 N. Crescent Ridge in 22 The Woodlands that they claim is their residence, or 23 domicile, under the Election Code, that, in fact, their 24 residence is 19 Volunteer Way in Lexington, 25 Massachusetts.
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46 1 And I think that we will show that by clear
2 and convincing evidence that Mr. and Mrs. Laukien 3 actually live in Massachusetts, which is -- Lexington is 4 right next to a city called Billerica in Massachusetts. 5 And, of course, Lexington is the famous city of the 6 Battle of Lexington. But Billerica, I mention, because
7 it is the corporate headquarters of Bruker Optics. 8 And, so, Your Honor, I think that the I think, as Mr. Stilwell said,
9 evidence will be clear.
10 you'll see quite a bit of different types of evidence, 11 not just testimony, but there will be some interesting 12 documents in this case. 13 will be a fun trial. 14 15 And, quite frankly, I think it
Thank you for your time. Thank you, sir.
THE COURT:
Now, you had suggested, Mr. Stilwell, that
16 you were going to prove up or seek to prove up some 17 photographs and that you were going to be the witness to 18 do that. 19 20 Is that correct, sir? MR. STILWELL: THE COURT: That's correct.
Are you ready to proceed with
21 your first witness? 22 MR. STILWELL: I am. However, I think out
23 of expediency, Mr. Yollick and I have agreed on a few of 24 the exhibits in advance and we might be well spent 25 reading the agreement as to the exhibits into the Record
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47 1 at this point in time. 2 3 THE COURT: You may proceed, sir. Okay. And, Mr. Yollick,
MR. STILWELL:
4 please correct me along the way if I for any reason 5 misspeak as to which exhibits we have agreed on. 6 I think on the Plaintiffs' Exhibit list,
7 Your Honor -- and I'm going to use the term "plaintiffs" 8 to refer to my three clients, Mr. Miller, Mr. Neill, 9 Mr. Davenport. 10 On the Plaintiffs' Exhibits, there is
11 agreement to admit Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 12 and 11. And then 23, 24, 25, and then 28 and 29. Is
13 that correct, Mr. Yollick? 14 15 MR. YOLLICK: THE COURT: That's correct. Very well, then. By agreement,
16 Exhibits 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 23, 24, 25, 28, 17 and 29 will be admitted without objection. 18 19 You may proceed, Mr. Stilwell. MR. STILWELL: Okay. We also have made
20 some agreements as to Mr. Yollick's clients' exhibits. 21 I refer to them as the Intervenors. I think their
22 exhibit list is entitled Intervenors' Exhibit List, and 23 we have agreed to admit Exhibit 12. 24 25 MR. YOLLICK: The portion of --
Well, let me stop you there.
If we're -- if y'all are not agreeing to a

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48 1 full exhibit, I'd rather just not have it admitted. 2 3 MR. STILWELL: MR. YOLLICK: That's fine. So let's just do the three
4 that y'all admit to, or agree to. 5 6 31. 7 8 MR. STILWELL: All right. 12, 20, and
Is that correct, Mr. Yollick? MR. YOLLICK: THE COURT: Yes. Very well, then. You suggest I
9 use the term "Intervenor" or -- for your side, Mr. 10 Yollick? 11 MR. YOLLICK: Your Honor, that's probably There are three of my
12 easier; and I'll tell you why.
13 clients -- Mr. Berntsen, Mr. Goeddertz, and 14 Mr. McDuffee -- who under the Code are contestees as 15 well. But the rest of them are -- truly are real
16 intervenors in this case. 17 THE COURT: Then I will refer -- I should
18 have referred to the exhibits admitted a few moments 19 ago, 2 through 29, with some exceptions as Plaintiff's 20 Exhibits and then Intervenors' Exhibits 12, 20 and 31 21 are admitted without objection. 22 23 24 sir. 25 MR. STILWELL:
Is that correct?
MR. STILWELL: THE COURT:
Correct, Your Honor. You may proceed,
Very well.
Your Honor, at this point in

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49 1 time, we would like to offer Exhibit No. 1, Plaintiffs' 2 Exhibit No. 1. 3 Your Honor, Plaintiffs' Exhibit No. 1 are
4 the business records of the Residence Inn Marriott for 5 which there has been a business records -- the records 6 were obtained in response to subpoena, and there is a 7 business records affidavit attached to the records as 8 well. They have been on file with the Court the
9 requisite amount of time. 10 THE COURT: Any objection to Exhibit --
11 Plaintiffs' Exhibit 1? 12 MR. YOLLICK: Your Honor, I don't object to
13 everything that is behind the business record affidavit 14 of Susie Schmidt. There is a letter right in front of
15 it that I think is hearsay and is not a business record. 16 There also is -17 18 first? 19 20 21 THE COURT: May -- may I address that
And the letter you're talking about is... MR. YOLLICK: THE COURT: Dated May 19 --
May 19. -- on the letterhead of
MR. YOLLICK:
22 Archon Hospitality. 23 24 Mr. Stilwell. 25 MR. STILWELL:

THE COURT:
And it's a letter to
In response to the subpoena,

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50 1 Your Honor. And you see the page in front of it is the
2 subpoena and that is their response to the subpoena. 3 4 whom? 5 MR. STILWELL: The custodian of records, THE COURT: And that is from the -- from
6 the same person that signed the custodian of records 7 business records affidavit. 8 9 affidavit -10 MR. YOLLICK: Your Honor, I'm not objecting THE COURT: And the custodian of records
11 to the affidavit itself or anything after the affidavit. 12 It's just the letter before it. I don't -- first of
13 all, it's not even proved up as a business record. 14 Second of all, I don't think it is a business record and 15 it's hearsay. And the subpoena before that, I don't That's fine. It's just
16 have an objection to either. 17 that two-page letter. 18 19 pocket. THE COURT: Let's see.
And I guess I'm kind of out of
Here is the business records And what deficit do you see
20 affidavit by Susie Schmidt.
21 in the business records affidavit? 22 MR. YOLLICK: None, Judge. I'm not I'm
23 objecting to the affidavit or anything behind it. 24 only objecting to the two pages in front of it. 25 THE COURT:
Why would they be included

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51 1 within the affidavit, sir? 2 MR. STILWELL: Your Honor, if you actually
3 look at the documents, you'll see that the very -4 behind the cover page is a subpoena to Susie Schmidt. 5 And then if you look at the page immediately following 6 the subpoena, it says, you know, it was directed to me 7 as the person -- the party who issued the subpoena. 8 "Dear Mr. Stilwell: We're in receipt of
9 the above-referenced subpoena duces tecum, a copy of 10 which is attached hereto." 11 of the letter. Well, it's actually in front
Specifically, the subpoena duces tecum We've conducted a diligent
12 requested these things. 13 search.
We have produced the following documents, you
14 know, and identifies if you have any questions, call me. 15 And then attaches the business record affidavit with the 16 documents. 17 And so the letter, quite frankly, I would It
18 think would be of assistance to you, Your Honor. 19 summarizes the documents that are behind it and 20 summarizes them in a correct and accurate fashion. 21 THE COURT:
And I -- and I certainly don't
22 disagree with the philosophy; but in the face of an 23 objection, it seems, to me, that all that is admissible 24 is the affidavit and the five pages that follow it that 25 are referred to in the affidavit.
If you're not
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52 1 offended by it, I would simply remove the first one, 2 two, three pages. 3 suggest be done -4 5 MR. STILWELL: THE COURT: Mr. Yollick -If you'll come take a look at what I
-- if you gentlemen would
6 approach the Bench and look at this real quickly, that 7 would be what I would suggest would be the appropriate 8 admissible document. 9 MR. STILWELL: And, Mr. Yollick, didn't you
10 object to the subpoena itself? 11 MR. YOLLICK: No. The subpoena is fine. I
12 said -- I said that. 13 14 MR. STILWELL: THE COURT: I thought so. I thought so.
And so this -- these -- this
15 would have attached to it. 16 17 MR. STILWELL: THE COURT: Correct, Your Honor.
And then I would give these I'll staple it back
18 pages back to you; is that correct? 19 on. 20
Then with those pages, the summary page
21 and the cover page for Mr. Stilwell being removed, 22 Plaintiffs' Exhibit 1 will be admitted, I assume, 23 without objection? 24 25 correct.
MR. YOLLICK:
Yes, Your Honor.
That's
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53 1 2 THE COURT: Very well. And, Your Honor, I I
MR. STILWELL:
3 believe -- I believe that this is a conformed copy.
4 believe that this is exactly what you were looking for. 5 It's a conformed copy. 6 THE COURT: Okay. So you have -- have What shall I do with
7 presented me with this document. 8 this one? 9 MR. STILWELL:
Actually, one is going to go
10 with the court reporter's set and then one was the set 11 that I have been working off of at my desk. 12 13 back to you? 14 MR. STILWELL: You may choose how -THE COURT: You mean, I'm going to give it
15 whether you want to keep it or would prefer it to be 16 with the witnesses' set. 17 18 to do with it. 19 All right, sir. And this goes to the court THE COURT: I'll rely on what you want me
20 reporter; is that correct? 21 22 23 Exhibit 26. 24 well. 25 MR. YOLLICK:

Thank you, sir.
All right.
You may proceed, sir. Your Honor, next I offer
MR. STILWELL:
And if I could bring you a copy of that as
Your Honor, I have a concern

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54 1 about this exhibit; and this may not be a valid 2 objection. If the Court overrules me, I understand it.
3 It certainly is certified, and it's certified by Carol 4 Gaultney, who is an elected official in this county and 5 a government, you know, subdivision of the state of 6 Texas. The problem that we have with that document is, And so I guess And I'm not
7 the second page is just flat out false. 8 I object as to the authenticity of it. 9 casting an aspersion on counsel at all. 10 MR. STILWELL:
So your gripe is with what
11 Ms. Gaultney has said, not with what the document says? 12 MR. YOLLICK: I'm -- my gripe is with the
13 second page of the document is just completely 14 inaccurate and it appears that it is not a proper record 15 because of that reason. 16 THE COURT: Well, that's certainly your
17 position; but I am faced here with a Montgomery County 18 election document signed by Carol Gaultney that says it 19 is a true and correct copy. I think that perhaps your
20 concern goes to the weight to be given to it, but on its 21 face, why wouldn't it be admissible? 22 MR. YOLLICK: That's why I stated my
23 objection the way that I did. 24 25 THE COURT: Very well. I'm ready to be quiet now.
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MR. YOLLICK:
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55 1 THE COURT: Well, I most respectfully
2 overrule your objection and admit 26 with leave to 3 denigrate it as you see fit. 4 5 6 7 admitted? 8 MR. YOLLICK: MR. STILWELL: THE COURT: All right. MR. STILWELL: Your Honor, I also would now And let me bring you a copy Thank you. Very good.
Did I make it clear that 26 was
9 like to offer Exhibit 27. 10 of it. 11
That one has the original raised seal. The other is a photocopy.
12 That's why I brought it up. 13 THE COURT:
I have been handed Plaintiffs'
14 Exhibit 27, and your concern about the admissibility, 15 sir? 16 MR. YOLLICK: Your Honor, 27 has a bunch of
17 correspondence in it between Adrian Heath and J.R. 18 Moore. And then there is -- now, I don't -- I think
19 that's hearsay; but what really bothers me even more is 20 after -- there is a handwritten page towards the end 21 that's dated April 26, 2010. It's in the handwriting, Then after that, there
22 it looks like, of Adrian Heath.
23 are some E-mails; and I think those E-mails are hearsay 24 outside of any exception. 25 THE COURT:
Why would not the hearsay

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56 1 objection leveled at Plaintiffs' Exhibit 27 prevent its 2 admissibility? 3 MR. STILWELL: Because it meets the public
4 records exception and it's the public records of J.R. 5 Moore under his official signature and seal, signed and 6 sworn to as the public records of the Tax 7 Assessor-Collector's Office and out of his public 8 records. 9 MR. YOLLICK: Your Honor, that's -- and,
10 once again, I'm not casting aspersions on counsel, but 11 that is very disturbing. I don't see how an E-mail from
12 Mike Page to Adrian Heath, copying Peggy Hausman who is 13 a private person, and Julie Kime, who is a private 14 person, could possibly meet a public records exception. 15 THE COURT: Well, if it is a part of the
16 public records of the Tax Assessor-Collector, then 17 doesn't anything within the Tax Assessor's public 18 records meet the exception? 19 20 21 22 does. MR. YOLLICK: THE COURT: MR. YOLLICK: Your Honor -I know Mr. Stilwell thinks so. I don't think it necessarily
If you have documents that are, for example, in
23 the private files of an elected official that are not 24 intended for public viewing, they are not public 25 records. I -- and I'm not saying that that's where
6/7/2010
57 1 these are from because I don't know where they're from. 2 I don't know how -- you know, this looks like it is an 3 open records request documentation. I don't know how a
4 private E-mail from Mike Page -- oh, in fact, now I know 5 who Julie Kime is. 6 firm. Julie Kime is someone in his law
So, someone -- it's a gentleman who is an
7 attorney sending an E-mail to Adrian Heath, who is a 8 private individual, Peggy Hausman, who is a private 9 individual, and also to Julie Kime, who is with his 10 private law firm. I mean, even if it is in the public
11 records, it's hearsay within hearsay. 12 THE COURT: Yes. And were you and I to be
13 given the responsibility of deciding the Rules of 14 Evidence, we might agree that it's not admissible for 15 the very reason you state; but the whole idea of the 16 Rules of Evidence is to exclude documents which are not 17 subject to being valid, admissible documents. And I may
18 be speaking in tongues here, but I thought that Rule 803 19 makes the exception for public records because whatever 20 is a public record has some reliability or else the 21 public official who has that record would not make it a 22 part of his record. 23 MR. YOLLICK: Well, Your Honor, but even
24 the public records exception -- now I remember the 25 reason I wanted to look at this because I marked it in
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58 1 my own book -- it has to be about the activities of the 2 office or agency or matters observed pursuant to the 3 duties of the agency. 4 5 THE COURT: MR. YOLLICK: Right. And this is not an activity
6 of the public agency because it's talking about a 7 different agency of the state of Texas, not the agency 8 to which the open records request was even sent. 9 I mean, look, I don't know how Mr. Moore It's obviously not addressed
10 got a copy of this E-mail. 11 to him.
I just -- I think it's hearsay within hearsay.
12 I don't think it falls within the public records 13 exception either. 14 Now, if Mr. Stilwell were to, for example,
15 stipulate on the Record that Mike Page is a public 16 official, then I think I'll probably withdraw my 17 objection. 18 MR. STILWELL: Your Honor, the short
19 version of this is that Mr. Heath forwarded these 20 E-mails to J.R. Moore and then later to Mark 21 Castleschouldt with the Montgomery County Appraisal 22 District in response because Adrian Heath was seeking a 23 public record request relating to Dirk and Kate Laukien. 24 And so Mr. Heath forwarded these documents to the J.R. 25 Moore and then later J.R. Moore forwarded them to Mark
6/7/2010
59 1 Castleschouldt in order to obtain a response to 2 Mr. Heath's public record request. 3 And if you look at the full scope of the
4 document, you'll see very clearly that Mr. Heath made a 5 public records request. 6 E-mails. He attached to it these
And as part of determining the answer to the
7 public record request, J.R. Moore forwarded them to Mark 8 Castleschouldt with MCAD. Mark Castleschouldt with MCAD
9 determined the response to the request; responded to 10 J.R. Moore. J.R. responded to Adrian Heath the response
11 of his public records inquiry. 12 And so ultimately the reason that these
13 E-mails are in the public record was because Mr. Heath 14 put them in the public record himself as part of his 15 public record request to J.R. Moore and then later to 16 MCAD. And so the short version is, these are public
17 records and certainly responding to and maintaining 18 files on records request are part of the activities of 19 any office that is subject to the Open Records Act. 20 And so, Mr. Yollick's argumentation just His objection is improper. It
21 simply doesn't apply.
22 clearly meets the exception to the hearsay rule. 23 MR. YOLLICK: Well, if -- if Adrian Heath,
24 who is certainly not a public official or any sort of 25 government official, if he's the person who is the
6/7/2010
60 1 author of the documents, then there is no way that it 2 meets the exception because the exception has to be 3 about the duties or function of the public agency or a 4 report that they're required to do. And so it doesn't
5 even fall within subsection 8 of Rule 803. 6 MR. STILWELL: But again, Your Honor,
7 Mr. Heath made the records request to J.R. Moore; and so 8 he had a letter and an E-mail that he made as part of 9 his public records request to Mr. Moore. And J.R.
10 Moore, as part of the duties of his office, maintains 11 and keeps all public records requests to him and all 12 responses to the public records request. 13 And so these documents came from J.R.
14 Moore, and you'll see on the cover letter on the front 15 page certification, that it was clear that I then made a 16 public records request to J.R. Moore for public records 17 requests made by Mr. Heath and also public records 18 related to the Road Utility District and the Laukiens. 19 This was the response. 20 is under seal. It is signed. It is sworn. It
And that's part of the regular duties of
21 J.R. Moore's Office. 22 THE COURT: Closing comments on your
23 objection, sir? 24 25 MR. YOLLICK: THE COURT:

I've already stated it. I most respectfully will

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61 1 overrule your objection. I'll admit Exhibit 27, noting
2 your exception to my obviously erroneous ruling. 3 So may I see the attorneys just for one
4 moment off the Record? 5 6 7 (DISCUSSION OFF THE RECORD) THE COURT: Proceeding now on the Record. Your Honor, at this time I
MR. STILWELL:
8 call myself as a witness and ask for permission of the 9 Court to testify in the narrative. 10 THE COURT: You're welcome to proceed and
11 testify in narrative form from wherever you choose to do 12 it, wherever is convenient for the court reporter to 13 hear you. 14 You can come stand next to her if you
15 choose, although I suspect she can hear you anywhere. 16 17 18 Court -19 THE COURT: Unless someone objects, you are MR. STILWELL: Very good.
And, Your Honor, as an officer of the
20 an officer of the Court and you're welcome to proceed 21 and testify without requirements of being sworn as far 22 as I'm concerned. 23 24 25
Thank you, Your Honor.
Yes, sir.
6/7/2010
62 1 JAMES STILWELL,
2 having been first duly sworn, testified as follows: 3 MR. STILWELL: Your Honor, I am generally
4 familiar with the locations of the ten homes shown by 5 the deed records that have already been admitted into 6 evidence. That is the ten homes of the intervenors,
7 plus the homes of Mr. -- the two Mr. Allisons' parents. 8 9 object. MR. YOLLICK: Your Honor, I'm going to
If Mr. Stilwell is going to testify about
10 whether or not those houses are actually the homes of 11 the intervenors, then I think that goes beyond just form 12 testimony as to, for example, a matter of formality. 13 And so I thought that Mr. Stilwell was only just going 14 to prove up the photos. 15 THE COURT: That's what I understood; but
16 tell me, Mr. Stilwell, what the plan is. 17 MR. STILWELL: I'm getting there, Your
18 Honor; and I was just going to identify to the Court how 19 it is that I am familiar with the homes and the 20 photographs that were taken of them. 21 22 to be clear. MR. YOLLICK: Well, but, Your Honor, I want
I -- you know, normally opposing counsel And I will not
23 or counsel does not testify in a case.
24 object to this procedural abnormality if all Mr. 25 Stilwell is doing is authenticating photographs.
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63 1 THE COURT: Right. And that -- and I don't
2 know that the predicate was really necessary, but you 3 can proceed to identify the photographs will be fine. 4 5 MR. STILWELL: THE COURT: Very good.
If there is a challenge, then
6 on cross-examination, then you'll get to explain it 7 perhaps. 8 9 10 MR. STILWELL: THE COURT: Fair enough, Your Honor.
You may proceed, sir. Certainly. Pursuant to the
MR. STILWELL:
11 order of Judge Mayes, there was an order that allowed 12 for the inspection and photographing of the same 13 addresses that we have previously discussed that are 14 shown on the large demonstrative board map. Pursuant to
15 that court order, it authorized me to go and take 16 photographs of these various homes of the intervenors; 17 and so I did so. 18 And, Your Honor, the first set of
19 photographs that I took have been marked as Exhibit 12. 20 Exhibit 12 are true and correct copies of the 21 photographs that were taken at the address for Sybil 22 Doyle, 16728 Bending Oaks; Conroe, Texas, 77385, and are 23 contained behind a photograph of a legal tab showing -24 legal pad showing that address, identifying that was 25 where I took those photographs.
6/7/2010
64 1 And so these are true and correct copies of
2 the photographs taken at that address and generally show 3 computers, furniture, food in the pantry, kitchen being 4 used. 5 6 THE COURT: Excuse me. Go ahead.
MR. STILWELL:
Kitchen being used, laundry
7 facility with laundry detergent, bathrooms with 8 toothbrushes on the counter, bed, clothes in the 9 closets, just a variety of the normal accoutrements and 10 natural elements that one might expect to find in a 11 person's home. 12 MR. YOLLICK: Your Honor, I object to the The
13 commentary with respect to what the photos are. 14 photos are what they are. 15 16 17 18 sir. 19 MR. STILWELL: THE COURT: Yes, sir. Okay.
Sustained.
You may proceed,
Your Honor, I offer Exhibit
20 12, the photographs of the home of Sybil Doyle. 21 22 MR. YOLLICK: THE COURT: No objection. All right. Exhibit 12 will be
23 admitted without objection. 24 25 You may proceed, sir. MR. STILWELL:

Your Honor, I also traveled

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65 1 out to Peter Goeddertz's house. As the Court will
2 recall, Peter Goeddertz's house was out near Stage 3 Coach, way out in kind of the Magnolia area. And what
4 is behind what's been marked as Plaintiffs' Exhibit No. 5 13, Your Honor, is, again, a photograph of the legal pad 6 page showing Mr. Goeddertz's address and then a series 7 of pictures behind it that show, again, furniture in the 8 house, photographs, a bed, clothing, a kitchen, you 9 know, that has normal items that one would expect to 10 find in a kitchen. 11 There was a bulletin board, Your Honor,
12 that I took a photograph of that had documents thumb 13 tacked to the bulletin board that included Mr. 14 Goeddertz's application for candidacy in this election, 15 his voter's registration card prior and his voter's 16 registration card for this election. And had current
17 bills that there were also photographs taken of, his 18 kitchen food in his pantry, clothes on top of his 19 washing machine, clothes that were, you know, in -- in 20 places that he hung clothes in the house. 21 MR. YOLLICK: Your Honor, I'm going to
22 object once again.
This is a narrative about what The photos are
23 Mr. Stilwell claims these things are. 24 what they are. 25 THE COURT:
I would -- I would tend to

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66 1 think that we will receive perhaps testimony about the 2 significance of these photographs, but now we're just 3 dealing with the admissibility of them. So if you don't
4 mind, why don't we just limit it to that for now, sir. 5 MR. STILWELL: Okay. Then I offer
6 Plaintiffs' Exhibit 13. 7 8 MR. YOLLICK: THE COURT: No objection. Very well. Plaintiffs' Exhibit
9 13 will be admitted without objection. 10 11 You may proceed, sir. MR. STILWELL: Likewise, in a similar
12 fashion, Your Honor, I went to Adrian Heath's house, 13 which you'll recall was the address here in The 14 Woodlands. And Plaintiffs' Exhibit 14 includes true and
15 correct copies of the photographs that I made at that 16 address. 17 18 19 Exhibit 14. 20 21 MR. YOLLICK: THE COURT: No objection. Very well. Plaintiffs' THE COURT: Any objection? I offer Plaintiffs'
MR. STILWELL:
22 Exhibit 14 will be admitted without objection. 23 MR. STILWELL: Likewise, Your Honor,
24 Exhibit 15 is a similar bundle that is the photographs 25 for Mr. Jenkins' house, Mr. Jenkins' house being down in
6/7/2010
67 1 the southern part of The Woodlands. And they are true
2 and correct copies of the photographs that I took at 3 that address. 4 5 6 I offer Exhibit 15. MR. YOLLICK: THE COURT: No objection, Your Honor. Exhibit 15, Plaintiffs' 15
7 will be admitted without objection. 8 9 You may proceed, sir. MR. STILWELL: Your Honor, likewise,
10 Exhibit 16, Roberta Cook's house, at 607 Sycamore, which 11 was here just south of Benders Landing -- excuse me -12 sorry. River Plantation, Your Honor, in the Mosswood Again, similar bundle of photographs and
13 subdivision.
14 are true and correct copies of the photographs I took at 15 that address. 16 17 18 I offer 16. MR. YOLLICK: THE COURT: No objection. Very well. Plaintiffs'
19 Exhibit 16 will be admitted without objection. 20 MR. STILWELL: Your Honor, Plaintiffs'
21 Exhibit No. 17 are photographs from Mr. McDuffee's house 22 here at Hansons Ct. (sic) out at Benders Landing 23 Estates; and they are, once again, true and correct 24 copies of the photographs that I took when I inspected 25 and photographed his home pursuant to the Court order.
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68 1 2 3 I offer Exhibit 17. MR. YOLLICK: THE COURT: No objection, Your Honor. Very well. Exhibit --
4 Plaintiffs' Exhibit 17 will be admitted without 5 objection. 6 MR. STILWELL: Your Honor, the bundle that
7 has been marked as Plaintiffs' Exhibit 18 is the bundle 8 for Thomas Curry's home out here in Stonecrest, kind of 9 the eastern portion of the county. And Plaintiffs'
10 Exhibit 18 is a true and correct copy of the photographs 11 that I took when I went out to his house pursuant to the 12 Court order to take these photographs. 13 14 15 16 I offer Exhibit 18. THE COURT: MR. YOLLICK: THE COURT: Very well. No objection, Your Honor. Plaintiffs' Exhibit 18 will
17 be admitted without objection. 18 MR. STILWELL: Your Honor, Plaintiffs'
19 Exhibit No. 19 is the photograph bundle from the 20 inspection photographing of Bill Berntsen's house, Bill 21 Berntsen's house again being near Mr. Jenkins' house in 22 the southern part of The Woodlands, on N. Rain Forest 23 Ct. and Exhibit 19 is a true and correct copy of the 24 photographs that I took when I went and inspected that 25 house pursuant to court order.
6/7/2010
69 1 2 3 I offer Exhibit 19. MR. YOLLICK: THE COURT: No objection, Your Honor. Very well. Plaintiffs' Exhibit
4 19 will be admitted without objection. 5 MR. STILWELL: Your Honor, Exhibit No. 20
6 is a true and correct copy of the package of photographs 7 that I took out at the Allisons' home on Boyd Lane out 8 in Cut & Shoot. And it is a true and correct copy of
9 the photographs that I took when I went in and inspected 10 and photographed that the house pursuant to court order. 11 12 13 Relevance. 14 15 20, sir. 16 MR. STILWELL: The relevance of Exhibit 20 THE COURT: And the relevance of Exhibit I offer Exhibit 20. MR. YOLLICK: Your Honor, I object.
17 is that it contains the photographs of the address 18 already shown in the Montgomery County Registrar's 19 records as the address where Mr. Benjamin Allison and 20 Mr. Robert Allison had their designated residence for 21 voting purposes prior to switching it to 9333 Six Pines 22 Drive. And the documents themselves, the photos, show
23 the contents of the home, including their bedroom, 24 clothes and closets, furniture, et cetera, where they 25 reside.
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70 1 2 THE COURT: MR. YOLLICK: Your response, Mr. Yollick. May I briefly take the
3 witness on voir dire? 4 5 6 BY MR. YOLLICK: 7 Q. Mr. Stilwell, can you please point out to us THE COURT: Yes, you may.
VOIR DIRE EXAMINATION
8 which photograph it is that shows the bed -- you said 9 their bedroom. 10 Allison? 11 MR. STILWELL: Your Honor, there was one Which is the bedroom of Benjamin
12 bedroom that contained girl's clothing and photographs 13 and furniture. And there was one bedroom that contained
14 men's clothing and bunk beds and clothing in the closet. 15 The photographs are not individually numbered, but there 16 is a photograph that contains -- there was one, two, 17 three beds and clothing in the closets. 18 THE COURT: How -- how is that relevant to
19 anything that we're dealing with today? 20 MR. STILWELL: Well, again, simply, Your
21 Honor, it was the address where they had their voter's 22 residence -- voter's registration of their residence 23 immediately prior to changing it for the May 8 election. 24 25 MR. YOLLICK: THE COURT:
Your Honor -Yes, sir.

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71 1 MR. YOLLICK: I'm sorry. I'm going to My
2 object to his answer as being non-responsive.
3 question was which photograph shows their bedroom? 4 5 a moment? 6 7 (AT THE BENCH, ON THE RECORD) THE COURT: I'm not entirely clear, THE COURT: Well, may I see y'all here just
8 although I may suspect what we're dealing with; but 9 what -- what's the relevance of the bedroom? I mean,
10 the thing is the house; and it looks, to me, like the 11 only really important photographs are perhaps the house 12 of where it's located. 13 MR. STILWELL: Your Honor, the case law is
14 clear and I've provided for you as part of the temporary 15 injunction Bench brief -16 17 THE COURT: Yes. -- that I provided, there
MR. STILWELL:
18 are at least five different Courts of Appeals in this 19 state, that responding to the Mills vs. Bartlett, Texas 20 Supreme Court opinion, have identified that what the 21 Court looks at when the Court is determining where, in 22 fact, a true residence is, it looks at things like 23 furniture -24 25 THE COURT: Right. -- clothing, televisions,
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MR. STILWELL:
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72 1 computers, things of that nature. 2 3 MR. YOLLICK: MR. STILWELL: Right. And so the relevance of the
4 photographs is, it shows where their stuff was. 5 MR. YOLLICK: Well, but that's my question.
6 And that's -- if Mr. Stilwell can testify based on 7 personal knowledge that he knows that it was Benjamin 8 Allison's and Robert Allison's stuff in that house, then 9 my objection is not valid. But if he doesn't know that,
10 then I don't see how any of those photos of the Allison 11 house are relevant. 12 13 THE COURT: And your response, sir? My response is pursuant to
MR. STILWELL:
14 court order, I went out and I photographed and inspected 15 the house where their voter's residence was immediately 16 prior to changing that address. And as far as the
17 contents of the photographs themselves, we can take 18 those up with another witness. But they are true and
19 correct copies of the photographs that I took at that 20 address. 21 MR. YOLLICK: And I just want to point out
22 that the Court's order, because of the way that 23 Mr. Stilwell's motion was drafted as well, did not say, 24 Benjamin Allison and Robert Allison, show us your house 25 or allow an inspection of your house.
It was
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73 1 specifically to allow an inspection of that address, 2 which is owned by a non-party to this case. And so --
3 and that issue actually came up in our response. 4 THE COURT: Okay. So that -- that's his
5 concern is tying the house to Allisons in the internal 6 furnishings and clothing -7 8 9 do that? 10 MR. STILWELL: We will -- we will do that I intend to MR. STILWELL: THE COURT: Right. How do we
-- to the Allisons.
11 with another witness later in the case. 12 call the Allisons themselves.
For now I'm proving them
13 up as true and correct photographs of the inspection 14 that was made. 15 THE COURT: All right. It was the comments Did
16 along with it, I think, that troubled Mr. Yollick. 17 I understand correctly? 18 MR. YOLLICK:
Well, it's the comments; but,
19 I mean, in honesty -- in all candor, Your Honor, I have 20 a real problem with all of those photos because I don't 21 see how they are relevant to this case. 22 If -- now, I understand, if, you know,
23 Mr. Stilwell puts Robert Allison on the stand and 24 Mr. Allison says, yeah, that's my grand piano or, yeah, 25 that's my T-shirt right there and that's where I'm
6/7/2010
74 1 hanging it, sure. Then I understand it. But I don't
2 think that predicate has been laid. 3 THE COURT: You see, and that's what I
4 was -- when you first came up, I assumed that's what you 5 were doing, Mr. Stilwell. I think some of this comes
6 through live testimony from the people that you claim 7 live there. And so I would like to let the exhibits
8 come in, the photographs come in; but tying it to a 9 particular individual when you may not have personal 10 knowledge of that, especially as far as Allison is 11 concerned, would be a bit troubling. 12 MR. STILWELL: Right. And the issue that I
13 have, Your Honor, is as the person who was ordered by 14 the Court to go and take the photographs, I can lay the 15 predicate that these are true and correct copies of the 16 photographs taken pursuant to the Court order. 17 THE COURT: And that seems, to me, to be
18 all that you really need to get at this time as to all 19 of the exhibits that you have tendered, which were the 20 photographs. 21 MR. STILWELL: Right. And I believe that And then I
22 this is the last one of the Intervenors.
23 have a slightly different set of photographs that would 24 be my next offer. And I understand the Court's, you
25 know, concerns about the -- the predicate as to the

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75 1 contents of the photographs. And I understand that; and
2 I will, you know, prove those up with a later witness. 3 THE COURT: Okay. And I know the necessity
4 from the case law of having the interior of the houses 5 showing what was there, but the photographs are not a 6 problem. I think it's just describing the ownership to
7 individuals without you having that personal knowledge 8 may be troublesome. 9 the objection. 10 that correct? 11 12 13 already in. 14 15 16 gentlemen. 17 18 19 (OPEN COURT) DIRECT EXAMINATION CONTINUED MR. STILWELL: Your Honor, on the same day MR. STILWELL: THE COURT: Very good. Thank you, MR. STILWELL: THE COURT: 20. That is 20. I'm sorry. Yeah. 19 was So, to that extent, I would sustain
But I will admit the Exhibit 19 -- is
Very well.
20 that I went to the various addresses that were 21 identified in the Court order for inspection, I also 22 went to the address of Dirk and Kate Laukien, 2630. 23 24 25 MR. YOLLICK: THE COURT: MR. YOLLICK:
Your Honor, excuse me. Yes, sir. This is testimony to which I

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76 1 am going to object. This is not a matter of formality.
2 Now Mr. Stilwell is apparently going to start testifying 3 about the inside of a house that none of us have seen, 4 was not the subject of a Court order, and I don't think 5 this is proper for counsel to be testifying about. 6 THE COURT: It's always troubling when an
7 attorney who is attorney of record in a case becomes a 8 witness. 9 there. 10 Mr. Stilwell, how do we avoid those ethical In fact, there are some ethical considerations
11 considerations? 12 MR. STILWELL: Your Honor, I was the person
13 who went to the address. 14 address. I examined them.
I took the photographs at the I can tell you exactly what
15 is in them, but I was the person that did the 16 photographing. It's not substantive testimony. It is
17 proving up that they are true and correct photographs 18 of, you know, what were taken that day. 19 THE COURT: And to that extent, I assume
20 that Mr. Yollick has no objection that you -- to prove 21 up that you took the photographs on a date certain of a 22 location certain. But further testimony about them
23 is -- could be troubling. 24 25 Is that -- do I err? MR. YOLLICK:

Your Honor, I think that

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77 1 might be correct as to a few of the photographs; but the 2 interior photographs, no. 3 THE COURT: I'm sorry. I -He's
Well, he took them.
4 trying to prove up these interior photographs as having 5 been taken and fairly and truly represent the interior 6 of the house. 7 sir? 8 MR. YOLLICK: Because I have no earthly And what would be the problem with that,
9 idea whether or not they fairly and truly represent the 10 interior of the house, and the only -- that is not a 11 matter of formality. 12 that. 13 Then Mr. Stilwell is going beyond
And that's why I have a problem with it. For example -- and I'm going to make some
14 other objections when he actually offers the photos -15 but I object to the testimony even about it. 16 THE COURT: See, it's one thing to present
17 the exhibits that have already been admitted, the 18 photographs that were a result of a Court order. But
19 you become a -- an advocate, both as counsel and as 20 witness, to those that you took photographs of. 21 I think the better practice might be to
22 prove those up if you can from another witness, unless 23 you choose to withdraw as counsel. 24 MR. STILWELL: Well, certainly, Your Honor,
25 what I can do during the course of the case is, I can

6/7/2010
78 1 identify another witness who can likewise say that these 2 are true and correct, you know, depictions of the -3 THE COURT: If that's not inconvenient for
4 you, why don't we do it that way and I'll sustain 5 Mr. Yollick's objection? And we have about another ten
6 or 11 minutes before we break for lunch. 7 8 9 10 items. 11 Your Honor, the next exhibit that I wanted MR. STILWELL: THE COURT: All right. That's fine.
You may proceed, sir. I have a few other brief
MR. STILWELL:
12 to address with the Court and offer is Plaintiffs' 13 Exhibit 22. Plaintiffs' Exhibit 22 is an exchange of
14 communication between Dirk and Kate Laukien and myself, 15 wherein Dirk and Kate Laukien represent to me the 16 individuals that they voted for in the election. That
17 is, that they voted for Mr. Bill Neill, Mr. Gene Miller, 18 and Mr. Buck Davenport. And it is a true and correct
19 copy of their communication to me. 20 21 sorry. MR. YOLLICK: Your Honor, once again, I'm It's
I'm going to object to this testimony.
22 certainly not a matter of mere formality.
The exhibit
23 hasn't been offered yet; but when it is, I'll add an 24 additional objection 25 THE COURT:
And your law objection is

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79 1 hearsay? 2 3 MR. YOLLICK: THE COURT: Yes, sir. Why -- what would take that What would make
4 document out of the hearsay exception? 5 it an exception to the hearsay rule? 6 MR. STILWELL:
Because, in fact, it was I was
7 directly -- it was from me and to me, Your Honor. 8 the sender of the original, and I was the recipient 9 directly of the responder. 10 statement.
So it is not an out-of-court
It is a statement that is offered by a
11 witness to the exact -- and can authenticate it as being 12 the communication that was sent and received. 13 THE COURT: I would not ever want to be
14 offensive, Mr. Stilwell, but I think perhaps the better 15 part of valor would be to present it in a different 16 fashion. So at least at this time, I'll sustain the
17 objection, although it may be admissible later. 18 19 I note your exception to my ruling, sir. MR. STILWELL: Okay. So you are granting
20 the objection on hearsay? 21 22 objection. 23 24 THE COURT: Yes, sir. MR. STILWELL: THE COURT: All right. I'm sustaining the hearsay
As I understand, which is
25 always -- my understanding of the law is always

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80 1 questionable; but as I understand the hearsay rule, I 2 see that as hearsay. 3 MR. STILWELL: Okay. All right. And then,
4 Your Honor, when we take a break, I would like to make a 5 Bill. 6 THE COURT: You may proceed on your Bill
7 now if you choose.
We don't have a jury to send out.
8 We could send the judge out, but -9 MR. STILWELL: Well, then, Your Honor, for
10 a Bill, I would offer Exhibit 22, communication back 11 and forth between the Laukiens and myself, identifying 12 who they voted for in The Woodlands Road Utility 13 District election. 14 THE COURT: And -- and you seem to be quite
15 confident that the Court has erred in sustaining 16 objection, but this was not a statement made here in the 17 courtroom. 18 What takes it outside of the hearsay rule? MR. STILWELL: Because it is my present I
19 sense impression.
That is, it was sent by me.
20 presently sent -- you know, it was my impression as I 21 sent it, that that was the question that I sent to them. 22 And then they responded back to me and I received it. 23 And so it is both a recorded recollection, a present 24 sense impression, and it was a communication to and from 25 me.
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81 1 THE COURT: There may be other bases for an
2 exception to the hearsay rule that would allow Exhibit 3 Plaintiffs' 22 to be admitted, but maybe your concerns 4 right now are a bit subtle with this old country judge. 5 6 7 quit talking. 8 MR. STILWELL: Okay. I didn't know if MR. STILWELL: THE COURT: No. I'm sorry. No. Did you --
I just decided to
9 there was more. 10 THE COURT: I should have this big sign up It says keep your
11 here I generally have on the Bench. 12 big mouth shut. 13 14 Honor. 15 THE COURT: But anyhow...
MR. STILWELL:
So that's my Bill, Your
Would you tell -- tell me one
16 more time what exception under Rule 803 do you refer to? 17 MR. STILWELL: Your Honor, I believe that
18 it is both a present sense impression and that it is 19 also a -- if you give me just a moment -- Your Honor, I 20 believe that that is -- well, it's quite possibly also a 21 then existing physical condition; that is, their -22 their identification of their state of mind as to who 23 they voted for in a particular election, back and forth. 24 THE COURT: I thought that's where we were;
25 and, Mr. Stilwell, I may just be wildly wrong, but I

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82 1 don't see that fitting within item 1 of 803. And it
2 just -- with leave to reurge it later and maybe at that 3 point I'll understand it; but right now, I'm not sure 4 that I follow why it is a present sense impression 5 exception to Rule 80- -- to the hearsay Rule 802. 6 MR. STILWELL: I was also referring to
7 803(3), Your Honor. 8 THE COURT: Well, okay. Let me see the
9 document again. 10 11 MR. STILWELL: MR. YOLLICK: Yes, Your Honor. If the Court is considering
12 803(3), I'd like to respond. 13 14 THE COURT: MR. YOLLICK: Sure. Come ahead.
Well, I mean, 803(3) actually
15 excepts from that rule but not including a statement of 16 memory or belief to prove the fact remembered or 17 believed unless it states to execution, revocation, 18 identification or terms of the declarant's will. 19 This is a document where they're being I mean, if
20 asked to recite their memory of a fact.
21 that -- if that falls under an exception to the hearsay 22 rule, everything falls within an exception to the 23 hearsay rule. 24 25 MR. STILWELL: THE COURT:
Your Honor, the other --
Which may not be a bad idea,

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83 1 but it's not an idea that occurred to the Supreme Court 2 when they adopted these rules and that's the problem. 3 4 Yes, sir, Mr. Stilwell. MR. STILWELL: I was going to say, Your
5 Honor, essentially what I'm trying to do here is, I'm 6 trying to be efficient with the Court's time. 7 Certainly, under the election contest rules, this Court 8 has the ability to order all of the sealed ballots into 9 the courtroom and to examine expressly who each and 10 every voter voted for in the entirety of the election. 11 And we can certainly do that. 12 THE COURT: And I did do that in an
13 election contest in Houston County. 14 MR. STILWELL: Certainly. So we could ask
15 the Court to order that the 12 ballots be brought in and 16 the Court can to look for itself who the 12, you know, 17 who the 12 voters voted for. This is actually a real
18 simple item; and I really don't think, quite frankly, 19 factually it's something that Mr. Yollick contests that 20 the Laukiens voted for the three incumbents. 21 THE COURT: Let me simply say that you have
22 presented your Plaintiffs' Exhibit 22 as your Bill of 23 Exceptions to my sustaining the objection by 24 Intervenors' counsel to the admissibility of 22. 25 there anything else on your Bill, sir?
Is
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84 1 2 MR. STILWELL: THE COURT: No, sir.
Do you have any questions or
3 statements on his Bill? 4 5 MR. YOLLICK: THE COURT: No, Your Honor. Very well. That concludes the
6 Bill on the admissibility of Plaintiffs' Exhibit 22. 7 And we've made it -- I seem to think -- seem to see the 8 clock such that it is time to break for lunch. 9 be convenient to break now until 1:30? 10 11 MR. STILWELL: THE COURT: Absolutely, Your Honor. Close of record. Would it
All right.
12 May I see counsel for just a moment? 13 14 15 (DISCUSSION OFF THE RECORD) (NOON RECESS WAS TAKEN) THE COURT: All right. Returning now to
16 the record, in 10-05-04951-CV. 17 with your testimony, sir? 18 19 MR. STILWELL: THE COURT:
Are you ready to proceed
Yes, I am, Your Honor.
And are you ready for him to
20 proceed, Mr. Yollick? 21 22 23 MR. YOLLICK: THE COURT: Yes, Your Honor.
You may proceed, sir. Your Honor, when we last
MR. STILWELL:
24 left off, I had been proving up various records; and I 25 wanted to conclude my testimony by doing the same.
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85 1 In this case Mr. Yollick's clients filed a
2 declaratory judgment action; and in response to their 3 declaratory judgment action, my clients filed a request 4 for their attorney's fees under the act under Section 5 37.009. And so I'm next going to testify about my
6 reasonable and necessary attorney's fees. 7 8 THE COURT: MR. YOLLICK: Mr. Yollick? Your Honor, it is squarely
9 within the province of the Court to determine whether or 10 not -- under the Declaratory Judgment Act, there are 11 really four criteria: One is whether or not they're, I
12 think, fair and just to award attorney's fees and the 13 other is whether they are reasonable and necessary. 14 Fair and just is a matter of law for the Court. 15 Reasonable and necessary is a matter of fact for the 16 Court. 17 I think under the circumstances before this Then a
18 Court, what we have is a lawsuit that was filed.
19 declaratory judgment action that was added to -- it 20 wasn't even with the original intervention. It was
21 added later to the intervention and then, I think, maybe 22 one or two days later, this counterclaim for the 23 declaratory judgment was added; and, I mean, that was 24 about a week ago. 25 Your Honor, I think under that
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86 1 circumstance, the Court could probably -- and I think 2 the Court should at this point determine that as a 3 matter of law, attorney's fees probably aren't -- I 4 mean, we're not seeking attorney's fees in this case. 5 don't think either side should be awarded attorney's 6 fees in this case, as a matter of law. 7 THE COURT: Well, I understand your I
8 position; and I guess it is largely because what this 9 lawsuit really has come down to be is an election 10 contest. 11 12 Honor. 13 THE COURT: So irrespective of -- I mean, There was a Do I err in that regard? MR. STILWELL: No. You are correct, Your
14 there was a temporary injunction sought.
15 temporary restraining order and then a temporary 16 injunction. And this case has really been more of a It just seems
17 chameleon than some other kind of lizard.
18 to have changed appearance as it has come along. 19 20 21 Was it ever a declaratory judgment suit? MR. STILWELL: THE COURT: Yes, Your Honor.
It might have been claimed as
22 one; but how was it ever one if -- when, in fact, it 23 turned out to be an election contest? 24 MR. STILWELL: If I could -- could speak My clients, the original
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25 briefly to the pleadings.

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87 1 plaintiffs, you know, filed the suit purely as an 2 injunctive suit, you know, filed the temporary 3 restraining order, temporary injunction, final 4 injunctive relief pleading. 5 After that, Mr. Yollick's clients
6 intervened in the lawsuit and they filed various other 7 claims that have been severed and put into another cause 8 number. 9 Shortly after filing that, they amended or
10 supplemented -- I don't remember which it was, Your 11 Honor -- but they added to their pleading a declaratory 12 injunctive suit -- excuse me -- declaratory relief suit, 13 wherein they sought various declarations by the Court 14 regarding the election. Certainly I think their
15 declaratory relief was somewhat similar to what might 16 have been requested in an election contest; that is, 17 declare certain people won. Certain people didn't win.
18 Certain votes were legitimate; other votes were not 19 legitimate. You know, those were the types of
20 declarations that Mr. Yollick's pleadings had sought. 21 At the point in time when they brought the
22 declaratory, you know, relief suit, I was very familiar 23 with the Declaratory Judgments Act and understand that 24 under the Declaratory Judgments Act, attorney's fees, 25 you know, can be brought and are available.
So at the
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88 1 time that they brought that portion of the suit, I then 2 responded and requested that we have, you know, the 3 attorney's fees that will be reasonable and necessary, 4 equitable and just attorney's fees under the statute. 5 So I think the short version is, yes, there
6 certainly was a distinct point in time and continuing 7 through the live pleadings today, a request for 8 declaratory suit. Now, I will very forthright and
9 straight up tell the Court, I think that some of the 10 declarations that Mr. Yollick's clients sought are very 11 similar to the ultimate outcome of an elections contest 12 suit which, by trial amendment this morning, this case 13 has become. 14 15 I think that's fair. MR. YOLLICK: MR. STILWELL: Well -But the short answer is,
16 yes, there has been a declaratory judgment suit brought 17 and declaratory judgment for attorney's fees claim made. 18 19 THE COURT: MR. YOLLICK: Yes, sir. Your Honor, this lawsuit --
20 it was filed on May 11, and my clients obviously were 21 not even parties to the case. We filed our intervention I'm sorry. May -- May
22 on -- it is around May 17 -- no.
23 13 is when we filed our original intervention. 24 We amended our pleadings on May 28, and
25 that's when we added the declaratory judgment action;

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89 1 and, quite frankly, the reason I added it was, I didn't 2 think this Court had jurisdiction over anything that was 3 before it at that point and so I thought, well, I may as 4 well throw in a declaratory judgment action because at 5 least the Court would have jurisdiction over something 6 at that point. 7 So, on May 28, then, Mr. Stilwell filed an
8 answer to that First Amended Petition, and that's where 9 he asked for a counter- -- he had a counterclaim seeking 10 attorney's fees. 11 action -12 13 14 THE COURT: Excuse me just a moment. Now, in our declaratory judgment
Please proceed. MR. YOLLICK: In our declaratory judgment
15 action, Your Honor, we did not even ask for attorney 16 fees. I just didn't think it was appropriate because
17 every -- everything that we were asking for declaratory 18 judgment on was really already before the Court. 19 And so, Your Honor, at this time we I
20 hereby non-suit our declaratory judgment action.
21 don't think that under this circumstance, a claim for 22 attorney's fees is just and fair under any circumstance, 23 but it certainly wouldn't even be relevant except for 24 the time period between May 28 and June the 7th. 25 THE COURT:
Why don't you go ahead and make

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90 1 your presentation and the Court will consider it to the 2 extent it should be considered. 3 4 I proceed? 5 6 THE COURT: Please. Okay. Your Honor, I am -MR. STILWELL: Very good, Your Honor. May
MR. STILWELL:
7 I'm an attorney. 8 Jones, LLP.
I'm a partner with Martin, Stilwell &
I live and practice in The Woodlands, That being said, I
9 although I do not reside in the RUD.
10 have lived and practiced in Montgomery County since I 11 was licensed in 1995. I've worked with a small number
12 of firms during the course of that 15 or so years, the 13 largest chunk of which was approximately seven years 14 with the Andrews Kurth law firm in their litigation 15 section based out of their Woodlands office, but also 16 from time to time officing in their Houston offices 17 downtown. 18 I am familiar with practice here in
19 Montgomery County, in Houston and surrounding counties. 20 I've handle cases in courts of all levels, state and 21 federal, up to the U.S. Fifth Circuit Court of Appeals. 22 I haven't had the honor and pleasure of going before the 23 U.S. Supreme Court before. Actually, I have not had the
24 pleasure of, other than paper filings and -- with the 25 Texas Supreme Court.
I've not had the chance to argue a

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91 1 case before them; but, otherwise, I've handled cases at 2 all levels in a variety of jurisdictions. 3 I'm familiar with the rates that are
4 charged here in Montgomery County, having practiced here 5 the entirety of my career. And I've testified in --
6 about attorney's fees in multiple cases here in 7 Montgomery County. I am the lead attorney in the case
8 for my three clients, but I did have assistance from one 9 other attorney in my firm during the course of the past 10 month from file to trial. Ultimately, I am familiar
11 with all aspects of the case, and all of the work was 12 either done by me or at my direction and under my 13 supervision. 14 Your Honor, I do have a series of They are two invoices that
15 attorney's fees invoices.
16 carry through the month of May and actually through 17 invoice date June 2nd. They are true and correct copies
18 of invoices and reflect the services performed, hours 19 performed, and rates charged and I would offer Exhibit 20 No. 30. 21 MR. YOLLICK: Your Honor, I object to any
22 of the entries before May 28 and after June 7 -- well, 23 obviously they wouldn't be after June 7. 24 25 THE COURT: May I see the document? Certainly, Your Honor.
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MR. STILWELL:
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92 1 2 Honor? 3 4 THE COURT: MR. YOLLICK: I'm sorry. Even though I think that MR. YOLLICK: Actually, you know what, Your
5 that's the appropriate standard, just so we can move on, 6 I'm going to withdraw the objection. 7 THE COURT: Very well. Exhibit 30 will be
8 admitted without objection. 9 10 You may proceed, sir. MR. STILWELL: Your Honor, on those -- on
11 those invoices, you will see that it reflects the 12 various items of work performed, with the exception of 13 some redactions of attorney/client privileged items, and 14 also shows the attorney performing the work, the hours 15 that the work required, the rate that was charged, and 16 the total dollar amount of each of the charges. 17 Over the course of time, it's taken me
18 approximately 110.7 hours through the end of May, and 19 Julie Rinker, the young lady attorney that's sitting out 20 in the audience with my office, who's been assisting me 21 some during the course of the day, has put in 11.6 hours 22 on the matter. 23 My rate, my hourly rate is $275 an hour. If you take
24 Ms. Rinker's hourly rate is $195 an hour.
25 the 110.7 hours times my hourly rate, you get to an

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93 1 attorney's fee amount for my services of $30,442.50. 2 And if you take it times Ms. Rinker's rate and time, you 3 get $2,262 for her rate and time. 4 We did have costs that were incurred. The
5 costs that were incurred include some of these very nice 6 exhibits that we have present today. We had some
7 various miscellaneous fees that are generally associated 8 with handling legal work. We had some filing fees in
9 this matter as well; but in all, the costs came to $958. 10 And so through the end of June, the fees
11 and costs that had been incurred were $33,662.50. 12 I am familiar with the range of rates
13 generally charged within Montgomery County for similar 14 legal services. I've been litigating here the entirety
15 of my career, and it is my opinion that the rates that 16 I've identified for myself and for Ms. Rinker are 17 actually materially lower than what my firm and others 18 charge for similar legal work and trial work here in 19 Montgomery County. 20 Ultimately, that takes you through the time Now, obviously
21 through the end of the month of May.
22 we're standing here on June 7 and we had a lot of trial 23 preparation between the end of May and June 7. And I
24 estimated that it took me an additional 20 hours of 25 preparation during that time period, again, at my hourly
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94 1 rate of 275 an hour. 2 attorney's fees. 3 I also anticipate that through the course That was an additional $5,500 in
4 of this trial, if we have three trial days that are 5 eight-hour trial days, that's an additional 24 hours 6 worth of trial time. That would be -- again, at the
7 $275 an hour rate -- an additional $6,600 of attorney's 8 fees. 9 So ultimately the total amount or fee for
10 preparation and trial, when you add those three sums 11 together, is $45,762.50. 12 Now, under the Texas Professional Conduct
13 rules that govern attorneys, specifically Rule 1.04(b) 14 and also the Texas Supreme Court case that's the Arthur 15 Andersen & Co. vs. Perry Equipment case, there are a 16 variety of factors that this Court is requested to 17 consider in assessing the reasonableness and the 18 necessity of an attorney's fee. 19 The first of those factors is the time and
20 labor involved, the novelty and difficulty of the 21 questions involved, the skill required to perform the 22 legal services properly. I think as this Court
23 mentioned a few minutes ago, this case has been a bit of 24 a chameleon along the way and there has been some very 25 interesting and necessary research that's had to be done
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95 1 throughout the course of it. 2 Election contests aren't unknown, but they
3 certainly aren't your most predominant type of case that 4 gets tried in court; and so there is a little bit of a 5 novelty factor, if you will, to an election contest 6 case. And certainly the approach that was taken with
7 regard to injunctive relief under the special provision 8 in the Elections Code relating to injunctive relief, 9 there are actually not all that many cases on and it was 10 a fairly novel approach in this case. And so, I did not
11 actually adjust my fee upwards or downwards based on 12 that factor, but I certainly do think that it is a 13 factor that's appropriate for the Court to consider in 14 determining that the rates that I did charge were proper 15 rates. 16 Second factor is the likelihood that the
17 acceptance of the particular employment would preclude 18 other employment by the lawyer. And as -- as I
19 mentioned a minute ago, Your Honor, this case was 20 approximately 30 days from file to trial and actually 21 slightly less than that, because we're talking about a 22 May 8 election and we're standing here on June 7. So we
23 have been, you know, 30 days; and, quite frankly, Your 24 Honor, it's been 30 days that have been very heavy work 25 associated with this particular case, as the hours
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96 1 reflect. 2 There was a substantial amount of work that
3 had to be done, as this Court has seen, with the various 4 public records requests that were done, obtaining 5 records, subpoenaing records from the Residence Inn, 6 going out, inspecting, taking photographs, doing all the 7 work necessary to get this case ready in less than 30 8 days for trial. 9 And so ultimately the -- the reality is
10 that because this case has been, you know, going at the 11 rate that it's been going and in the course of time that 12 it has been, it has precluded other employment that I 13 would have been doing in that same time period. I
14 actually did not adjust my rate upwards or downwards for 15 that, Your Honor; but I do think it is a proper factor 16 for the Court to consider and take into fact in 17 determining that the rate that I have charged is a 18 reasonable rate. 19 Likewise, the third factor that's required
20 under the rules under the Arthur Andersen case is that 21 the fee is the fee customarily charged in the locality 22 for similar services. And I think I've already spoken
23 to that, having been a trial lawyer here for the 24 entirety of my 15-year career. I didn't adjust my fee It's just the
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25 upward or downward based on that factor.

6/7/2010
97 1 rate that I charge and it's actually lower than the rate 2 that I standardly charge. 3 Item 4 is the amount involved and the As this Court is aware, this case You know, this case is
4 results obtained.
5 isn't about dollars and cents.
6 an election contest; and so the amount involved is 7 really not an issue. And certainly the Court can
8 consider whatever results are obtained when we get to 9 the end of the trial. I did not change my rate one way
10 or the other with regard to that factor. 11 The fifth factor is the time limitations
12 imposed by the client or the circumstances, and really 13 that's similar to the factor that I already spoke about 14 precluding other services that might have been done. 15 The sixth factor is the nature and length
16 of the professional relationship with the client; and in 17 this case, these clients are first-time clients of mine, 18 Your Honor. I was familiar with them with their
19 standing in the community, with who they were; but I 20 haven't ever performed legal work for them before. And
21 so the course of doing this meant that I was having to 22 learn about them, learn about the Road Utility District, 23 learn about matters relevant to this case that were 24 fresh for the first time, new for me and were not 25 matters that because of a long-standing relationship
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98 1 with a client, I already inherently knew, you know, had 2 a backdrop file on what was going on already. 3 Again, I didn't adjust my rate one way or
4 the other; but in thinking about the time that I had to 5 spend, it's certainly relevant to the number of hours 6 that I had to spend because there was a level of getting 7 familiar with the matters that had to be done that might 8 not have otherwise been necessary with a long-time 9 client. 10 The sixth factor -- I'm sorry -- the
11 seventh factor is experience, reputation and ability of 12 the lawyer and lawyers performing the services. Again,
13 Your Honor, I -- I have practiced at a variety of 14 different courts and levels. I've had the honor on the
15 last two years running, having been named one of the 16 Rising Star Super Lawyers in the state. 17 under age 40. That's the --
That's the last year I qualify for that, And like I said,
18 but it's been nice while I've had it. 19 I've testified on many occasions.
I've handled a
20 variety of different levels of these; and, in fact, two 21 years ago had my first case that had a billion-dollar 22 allegation as the ad nauseam damages. 23 And so, ultimately, Your Honor, I've
24 handled cases of all kinds, cases of a variety of 25 different significances in dollar ranges, but quite
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99 1 frankly, something that affects our democratic process 2 and our judicial, you know, proceedings and our 3 democratic elections, I think, is more valuable than any 4 dollar amount you can put on the case. 5 I again did not adjust my attorney's fee
6 upward or downward related on the factor, but certainly 7 bore that in mind when I set the fee that I would charge 8 in this case. 9 The last factor is whether the fee is fixed It wasn't a flat fee case. It was an hourly case. It wasn't a And so,
10 or contingent.
11 contingent fee case.
12 again, I did not adjust my rate any way with regard to 13 that factor. 14 So ultimately the question is, do I have an
15 opinion on the reasonable fee for the necessary services 16 of the plaintiffs in this matter for preparation and 17 trial? And, yes, I do have an opinion; and my opinion
18 is that $45,762.50 is a reasonable and necessary fee. 19 Now, I also do have a fee about what the
20 necessary services of the plaintiffs' attorneys would be 21 in reasonable fees if an appeal to the Court of Appeals 22 became necessary as a result of this trial. 23 24 object. MR. YOLLICK: Relevance. Your Honor, I'm going to
There is no pleadings in this case
25 seeking appellate attorney's fees.

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100 1 MR. STILWELL: Your Honor, when you seek
2 fees, you seek them at all levels. 3 THE COURT: Well, but didn't he non-suit on
4 the Record the issue of declaratory judgment about ten 5 minutes ago? 6 7 MR. STILWELL: MR. YOLLICK: He did, Your Honor. That's actually true, too. But, yeah, there couldn't be I
8 didn't even think of that.
9 an appeal anyway of the declaratory judgment action. 10 THE COURT: Well, I'm going to let him go
11 ahead and -- you can do it this way or make it as a 12 Bill. 13 14 15 brief. Might as well do it this way. You may proceed, Mr. Stilwell. MR. STILWELL: Sure. And I'll be very
I did have the honor of arguing before the I do
16 Beaumont Court of Appeals this past Thursday. 17 handle appellate matters.
I am familiar with the
18 attorney's fees that are necessarily incurred in 19 appellate matters. It is my opinion that a
20 30,000-dollar fee would be the cost if this matter went 21 up on appeal. 22 Likewise, I have prepared petitions and
23 defended against petitions to the Texas Supreme Court 24 and I likewise have an opinion that that would be 25 approximately $30,000.
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101 1 I have not had the benefit yet of making
2 oral argument before the Texas Supreme Court; but based 3 on all the work that has led up to it and the oral 4 arguments that I've made before the Courts of Appeals, 5 it's my opinion that an argument before the Texas 6 Supreme Court would incur approximately $30,000, 7 reasonable and necessary attorney's fees. 8 9 10 11 Your Honor. 12 13 14 BY MR. YOLLICK: 15 Q. Mr. Stilwell, first of all, you said that in THE COURT: You may proceed. And with that, I pass the witness. THE COURT: Your witness, sir. I do have some questions,
MR. YOLLICK:
CROSS-EXAMINATION
16 Exhibit 30, you redacted out your attorney/client 17 privilege information? 18 A. There was some, and I tried to make as few as I
19 possibly could, but I did make some redactions. 20 21 MR. YOLLICK: THE COURT: Object; non-responsive. Well, was that in response to
22 his question, sir? 23 THE WITNESS: Yes. I did make some
24 redactions out of the invoices of attorney/client 25 privileged info.

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102 1 2 sir. 3 Q. (BY MR. YOLLICK) All right. Now, you filed THE COURT: All right. You may proceed,
4 this lawsuit, the original petition, on May the 13th; is 5 that correct? 6 A. Let me think real quick about dates. Saturday,
7 election May 8; Sunday, May 9; Monday, May 10. 8 9 10 13th. Q. A. I'm sorry. May 11.
I was going to say, I don't think it was the I thought it was that Tuesday, May 11, following Yes.
11 the Saturday election. 12 Q. All right.
And you were the attorney for the
13 plaintiffs. 14 15 A. Q. That's correct. The plaintiffs are Gene Miller, Bill Neill and
16 Buck Davenport? 17 18 A. Q. Winton "Buck" Davenport. Yes.
The defendant in the lawsuit was The Woodlands
19 Road Utility District No. 1 of Montgomery County, Texas, 20 correct? 21 22 A. Q. That's correct. Now, none of the intervenors were even a party
23 to the lawsuit at that time, correct? 24 25 A. Q. That is correct. Now, when you filed the original petition in
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103 1 this case, you allege that you could serve the Road 2 Utility District by serving its Chairman of the Board, 3 Gene Miller, correct? 4 5 A. Q. That is correct. So the plaintiff, Gene Miller, was going to
6 serve the defendant by serving himself, correct? 7 A. I think you're forgetting the capacities there,
8 but Mr. Miller in his individual capacity as a candidate 9 was the plaintiff. And in his capacity as the chairman,
10 you serve a special district by serving the Chairman of 11 the Board of the district. Mr. Miller was the Chairman So, yes, service was
12 of the Board of the district.
13 accomplished on the district by serving him in his 14 capacity as chairman. 15 Q. Well, but your petition says, does it not, that
16 counsel for the RUD, Mike Page, has been contacted about 17 this petition prior to its filing and is aware that 18 plaintiffs are seeking to enjoin RUD from including the 19 ten ballots identified herein within its canvassing and 20 certification of the results of the election. 21 If you had already notified Mr. Miller, who
22 was Chairman of the Board, why would you need to notify 23 Mike Page? 24 A. Well generally -- and I don't know, Judge
25 Reiter, your practices with regard to temporary

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104 1 restraining orders; but most of the judges in, you know, 2 that are sitting district court judges here in 3 Montgomery County have a practice that if you come down 4 for a temporary restraining order and you know who the 5 attorney for, you know, an opposing party is, they ask 6 you to give notice to that opposing party and to advise 7 them, you know, if you can, of the time that you'll be 8 coming down for the temporary restraining order. 9 So, yes, although proper due process was
10 accomplished by serving citation on the Chairman of the 11 district in his capacity as chairman, courtesy and the 12 general practice rules here in Montgomery County called 13 for my advising Mike Page, the attorney for the 14 District, that I was going to come down for the TRO. 15 Q. Well, and so then you got a temporary
16 restraining order, correct? 17 18 A. Q. I did. And then it was actually two days later when
19 the Intervenors filed their petition in intervention; 20 isn't that correct? 21 22 A. Q. I think that's about right. All right. Now, it is correct that the
23 Intervenors, then, around May the 28th filed the 24 declaratory judgment suit; isn't that correct? 25 A. I don't have the document in front of me; but I
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105 1 think that's about right, Eric. 2 Q. Okay. Yes.
And then you filed an answer to the
3 declaratory judgment suit the same day; is that correct? 4 5 A. Q. That's correct. I filed it the same day.
Now, it is correct, is it not, Mr. Stilwell,
6 that during the day of May 28, you had some discussion 7 with the counsel for the Intervenors or -- and I think 8 it was mostly by E-mail -- and the counsel for the 9 Intervenors indicated that the Intervenors specifically 10 would not seek attorney's fees for the declaratory 11 judgment lawsuit, correct? 12 A. I think you and I had a phone call actually, Yes.
13 Eric, where we had that discussion. 14 Q. All right.
And then later that day, you filed
15 an answer to the counter- -- or to the declaratory 16 judgment lawsuit. 17 18 A. Q. I did that same day file an answer, yes. And then that was the first time in this case Correct?
19 where you sought attorney's fees. 20 A.
That is the first day on which there was a live So
21 pleading that brought declaratory judgment action.
22 that same day I filed the counterclaim attorney's fees 23 under the Declaratory Judgment Act. 24 Q. Yes.
Well, now, I guess what I'd like to do, then,
25 is go back to Exhibit 30, which is your fee statements.

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106 1 2 A. Q. Yes. And I've got some questions about that. First
3 of all, the first entry says something about "received 4 call regarding potential lawsuit." 5 call from? 6 A. I actually don't remember which of my three Who did you get that
7 candidates that was, looking back on it; but I got a 8 call from one of my three candidate clients before the 9 May 8 election, telling me that they were concerned 10 that -- that this might occur. 11 Q. Okay. So before the Intervenors had actually
12 voted, you already were talking about a potential 13 lawsuit with someone. 14 15 A. Q. That is correct. All right. Yes.
Now, then, the next entry that you
16 have on May the 10th, 2010, there is in the middle -- or 17 not middle -- kind of towards the end of this paragraph, 18 there is a statement, "communication with D.A.'s 19 Office"? 20 21 A. Q. That's correct. You mean, you were communicating with the
22 D.A.'s Office for this civil lawsuit. 23 A. I did, in fact, have conversations with the
24 D.A.'s Office because the D.A. had indicated that they 25 had a criminal investigation going on as to the actions
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107 1 of the Intervenors in this matter, and I got a call from 2 the D.A. 3 D.A. 4 Q. And so you are seeking those attorney's fees as I called the D.A. back, and I met with the
5 part of your recovery in this civil lawsuit for when you 6 met with the D.A. regarding a criminal investigation? 7 A. I think that my conversations with the D.A.
8 helped me with regard to the evidence that I was going 9 to be gathering and bringing in this suit, and so it was 10 directly relevant to what I ended up doing in 11 preparation for this suit. 12 Q. And you also believe, do you not, that that
13 would have helped you to respond -- you believed at the 14 time that it helped you to respond to the declaratory 15 judgment claim of the Intervenors, didn't you? 16 A. Because the declaratory judgment claim was
17 ultimately issues about deciding which ballots were 18 proper or not proper, which votes were proper or not 19 proper, yes. Certainly the fact that there was a
20 criminal investigation ongoing as to the ballots cast by 21 your clients and the fact that the D.A. shared with me 22 various information about the ongoing criminal 23 investigation, without going into any detail, helped me 24 identify some sources that I might contact for 25 information to help discovery in this lawsuit.
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108 1 Q. So, Mr. Stilwell, is it correct, then, that you
2 are telling this Court that as part of the reasonable 3 and necessary attorney's fees that your clients have 4 incurred in responding to the declaratory judgment 5 action, you went and met with the D.A.'s Office two 6 weeks before the declaratory judgment lawsuit was even 7 filed? 8 9 A. Q. That's correct. Now, the next entry on May 11, 2010, you say
10 you had a communication with Mike Page; is that correct? 11 12 A. Q. I do say that. Okay. That's the attorney for the defendant,
13 right? 14 15 16 fees. 17 A. I think that is appropriate, yes. There are A. Q. That is correct. But you want the Intervenors to pay for those
18 many times that you have to call all different kinds of 19 counsel in the case as part of the necessary and 20 ordinary handling of the matter. 21 Q. Well, but by May 11, the intervenors weren't
22 even in the case, were they? 23 24 A. Q. I do not believe they were at that point, no. And same thing where it says, "had TRO heard,
25 filed cash bond", and the total hours that day were 8.4
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109 1 hours, the intervenors weren't even in the case yet, 2 were they? 3 4 A. Q. That is correct. They were not.
Yet you're seeking to recover your fees for
5 that work from the intervenors? 6 7 A. Q. Yes, I am. Okay. Now, it also says, "met with D.A."
8 there. 9 D.A.? 10 A.
So do you have a second meeting, then, with the
I took a copy of the temporary restraining Yes.
11 order that was obtained by the D.A.'s Office. 12 Q. Oh, the D.A.'s Office got a temporary
13 restraining order as well? 14 A. I took them a copy of the temporary restraining
15 order that was issued, and I took it to the D.A.'s 16 Office. 17 Q. And so you are asking for recovery of fees with
18 respect to the Intervenors because you got a temporary 19 restraining order against the Road Utility District? 20 A. Yes. That temporary restraining order
21 precluded the District from counting your clients' 22 ballots. 23 Q. Now, on May 12, 2010, it says you got a call or
24 that you called -- had a "call with Mike Page regarding 25 mediation." Were you and Mr. Page talking about
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110 1 mediating between yourselves? 2 THE WITNESS: Your Honor, when the initial
3 temporary restraining order was issued, along with that, 4 Judge Mayes issued a mediation order; and in accord with 5 the mediation order that Judge Mayes issued, it said go 6 and mediate before temporary injunction. And so I
7 picked up the phone and I called Mike Page, the lawyer 8 for the RUD, and said, Judge says we're supposed to 9 mediate before temporary injunction. 10 Q. (BY MR. YOLLICK) So absolutely.
Mr. Page showed up for the
11 temporary restraining order hearing, didn't he? 12 13 A. Q. He did not. Now, then on May the 13th, you have an entry
14 that says, "received E. Yollick filings, researched 15 civil rights and due process claims", correct? 16 17 A. Q. It does say that. The civil rights and due process claims they
18 had, were they for the declaratory judgment lawsuit? 19 A. No. You are correct that those have been
20 severed, and those fees are not appropriate in this 21 matter. 22 THE WITNESS: So, Your Honor, we should --
23 we should delete approximately 3.3 -- let's just delete 24 three hours off of that total at $275 an hour. 25 Q. (BY MR. YOLLICK) Okay. Now, let's talk
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111 1 about -2 3 A. Q. That's appropriate. Thank you, Eric. On
Let's talk about your May 14, 2010, entry.
4 this one, I believe after the second colon, you have, 5 "met with District Attorney to update civil matters." 6 7 A. Q. Correct. And so you met with the District Attorney now a
8 third time and you're asking for fees in that in this 9 case? 10 A. Indeed. Correct. The District Attorney asked
11 me to keep him apprised of what was going on in the 12 civil matter so that he would be aware of it for his 13 criminal investigation. 14 Q. Now, the next entry after that is, "stop at
15 Conroe Courier to discuss correction of misquote, quote 16 attributed to JHS was from petition allegation." And so
17 you're including that in your time entry and you're 18 asking Intervenors to pay for you going and talking to 19 the Conroe Courier; is that right? 20 A. I think it was in the interest of all parties
21 that a misquote that was published in the paper be 22 corrected and published in a correct fashion. 23 that's to everyone's benefit. 24 Q. All right. Well, let's talk about, then, what I think
25 you were talking about with the interest of all parties.

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112 1 I want to ask you to look at what's been
2 marked as Intervenors' Exhibit 11. 3 4 Your Honor? 5 6 Q. THE COURT: (BY MR. YOLLICK) Yes, you may. Intervenors' Exhibit 11 is a MR. YOLLICK: May I approach the witness,
7 true and correct issue of the Conroe Courier from May 8 the 12th, 2010, is it not? 9 10 A. Q. It is. And that was one day before the Intervenors
11 had -- that was one day before the -- if you would 12 please hold onto that. 13 14 A. Q. Sure. Sure.
That was one day before the Intervenors Correct?
15 intervened. 16 17 A. Q.
It was. Now, by May the 12th, 2010, your clients had
18 not sued the Intervenors, had they? 19 A. No. My clients did not until they brought the All of
20 counterclaim for attorney's fees under the act. 21 the actions prior to that -22 23 24 Q. A. Q. Thank you.
-- point in time were against the District. Now, by May the 12th, your clients had not
25 notified the Intervenors in any way about the lawsuit,

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113 1 had they? 2 3 4 5 them. 6 Q. Oh, you hadn't brought any action at all A. Q. A. Not to my knowledge. You hadn't notified the Intervenors, had you? No. I hadn't brought any action related to
7 related to them? 8 9 A. Q. No. My lawsuit was against the District.
And yet you're asking for attorney's fees from
10 them for work you did prior to May the 12th; is that 11 correct? 12 13 14 A. Q. A. That is correct. But it's not related to them. That's correct. Well, it is related to them
15 because -16 17 Q. A. I thought you said it wasn't. It was related to them, in that I was seeking
18 to have the District not count the ballots; but it was 19 not a lawsuit brought against them, nor civil process 20 served on them. 21 Q. Well, now, first of all, you would agree, is
22 it -- so you agree that this is a true copy of the May 23 12 edition of The Courier. 24 25 A. Q. It does appear to be so. And this is an article for which you gave an
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114 1 interview. 2 3 A. Q. I did. In fact, isn't it correct that you provided a
4 copy of the petition to the reporter? 5 6 A. Q. I did. And that's how the reporter -- you brought, in
7 fact, this whole lawsuit to the attention of the 8 reporter, did you not? 9 A. I took him a copy of the petition. He was
10 already aware of the lawsuit. 11 Q. Now, is it correct that after you filed the
12 petition, you then found out which court the lawsuit was 13 in and then you went and got a temporary restraining 14 order? 15 16 A. Q. That's true. And that was all inside the Montgomery County
17 courthouse. 18 19 A. Q. That's true. You then went downstairs to the Clerk's Office
20 after the temporary restraining order was signed and did 21 your business down there to get the order issued, or the 22 actual writ issued; is that correct? 23 24 A. Q. Yes. And is it correct, then, that you went over to
25 The Courier office next?

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115 1 A. I do not remember whether I went through the
2 courthouse building to the D.A.'s Office first or 3 whether I went to The Courier in response to the call I 4 got from Howard Roden next. But the two -- I either
5 went to The Courier first or the D.A.'s Office first. 6 I'm not sure which one. 7 Q. All right. Now, it is correct, though, that
8 you gave an interview to Howard Roden, the reporter for 9 The Courier. 10 11 A. Q. I did. And among the things that you said to Mr. Roden
12 was, he, referring to McDuffee -13 14 15 sir? 16 17 THE WITNESS: THE COURT: Relevance. It is cross-examination. It THE WITNESS: THE COURT: Your Honor, relevance. Excuse me just a second. What,
18 may well be in your view not relevant, but we're kind of 19 more liberal, as you know, on cross than we are on 20 direct. 21 THE WITNESS: Sure. The one thing that I
22 did want to be clear about with this Court is, one of 23 the matters that has been severed into another matter 24 and is not being heard today, after this article was 25 published, Mr. Yollick's clients sued me and my law firm
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116 1 for defamation. And so to the extent that they're going
2 into the contents of the article and what was published 3 and what was said, I believe that that's a matter that's 4 proper for the defamation lawsuit, not for the question 5 of where these people resided. 6 MR. YOLLICK: Well, Your Honor, the problem
7 is, though, for the Plaintiffs at this point is, they're 8 now asking for attorney's fees, among which they're 9 seeking charges where Mr. Stilwell is talking to The 10 Courier. 11 And so, that's why it's relevant here. THE COURT: Well, I'm going to overrule the
12 relevancy objection and let you go ahead and explain 13 that, but we ought to go forward with the suit in chief 14 a little later. 15 16 17 Q. You may proceed. MR. YOLLICK: (BY MR. YOLLICK) Thank you. Isn't it correct, Mr.
18 Stilwell, that you said, among other words to 19 Mr. Roden -- and I'm reading from this second page of 20 the article. 21 A. Let me turn to that page. I'm there. Go
22 ahead. 23 Q. It's a quote that states "he", referring to
24 McDuffee, "has declared his homestead on other property, 25 Stilwell said." And it continues the quote.
"Either it
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117 1 is or it isn't. We'll leave it to the courts and
2 readers to decide if they really believe that." 3 That's what you -- among some of the things
4 that you said to Mr. Roden, correct? 5 6 A. Q. I said that quote to Mr. Roden. All right. Yes.
So you were at least expressing to
7 Mr. Roden that you were trying this case in part to the 8 readers of the Conroe Courier; isn't that correct? 9 10 A. Q. No. That's not what I expressed to Mr. Roden. Well, now, let's go on. Oh, I'm
All right.
11 sorry. 12 MR. YOLLICK: Your Honor, at this time we
13 offer Intervenors' Exhibit 11. 14 MR. STILWELL: Again, Your Honor, to the --
15 to the issue of whether or not these people resided 16 inside the district when they cast their votes, I don't 17 think that this newspaper article has any relevance to 18 the main question that's before this Court. 19 residents or weren't they? 20 MR. YOLLICK: Were they
The article is not relevant. I couldn't agree more. I
21 don't think his attorney's fees do either; but if we're 22 going into his attorney's fees, I think the article 23 certainly is relevant to that. 24 25 me. THE COURT: That's the way it appears to
I think if the Court is to consider the issue of

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118 1 attorney's fees for a declaratory judgment suit, then 2 all aspects of that are fair game in cross-examination. 3 4 Q. So you may proceed, Mr. Yollick. (BY MR. YOLLICK) Now, I want to draw your
5 attention, then, to a May 17, 2010 entry in your bill. 6 7 A. Q. I've got that in front of me. Okay. Thank you. Now, the May 17, 2010, entry
8 shows that you attended a RUD meeting to ensure no 9 issues arose; is that correct? 10 11 A. Q. I did. Now, once again, this is 11 days before there
12 was a declaratory judgment lawsuit, correct? 13 14 A. Q. I think that is correct on the math. And can you explain to the Court what services
15 you believe the Intervenors should pay for involved with 16 your attending a RUD meeting? 17 18 A. Well, certainly. THE WITNESS: Your Honor, in fact, most of
19 the intervenors were present at that RUD meeting as 20 well. At that RUD meeting the published notice for that
21 meeting identified that on that day, they would be 22 canvassing the ballots, they would be certifying the 23 results, and declaring an official result. That was
24 what the public notice and agenda for the meeting had 25 identified.
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119 1 Now, prior to that date, I -- and I think,
2 quite frankly, they had posted that prior to the date 3 that I got the temporary restraining order. But because
4 there was a temporary restraining order that was in 5 effect, I absolutely wanted to make sure to the best of 6 my ability as an attorney on behalf of my clients that 7 what happened at that RUD meeting was not something 8 contrary to what the order of the Court was. 9 And so, because of the published notice and
10 published agenda for the meeting, I felt it was entirely 11 proper, and apparently the intervenors felt it was 12 proper, too, because they attended as well, to make sure 13 that nothing untoward happened. 14 15 16 17 Q. A. Q. A. (BY MR. YOLLICK) Yes, Mr. Yollick. Where was the meeting? The meeting was located in 24 Waterway and was Mr. Stilwell?
18 held in a conference room that is in The Woodlands 19 Development Company's office suites. 20 21 22 it. Q. A. Who owns 24 Waterway? I actually am not sure of the entity that owns
I believe it is 24 Waterway, LLP owns that
23 building. 24 25 Q. A. And that's owned by the Laukiens, isn't it? I don't know who owns 24 Waterway, LLP.
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120 1 Q. Actually 24 Waterway, LL- -- 24 Waterway is
2 really owned just by the Laukiens in their name, isn't 3 it? 4 A. I don't believe so. I don't believe -- I
5 believe the owner of the building is 24 Waterway, LLP; 6 and I don't know who the owners of 24 Waterway, LLP 7 are. 8 Q. So, it's correct, though, that the RUD had its
9 board meeting inside the offices of The Woodlands 10 Development Company. 11 12 A. Q. They did. Now, at that meeting were any contracts issued
13 by the RUD? 14 15 16 17 Q. MR. STILWELL: MR. YOLLICK: THE COURT: (BY MR. YOLLICK) Relevance, Your Honor. I'll withdraw the question. Thank you. Okay. Let's go to the May 19
18 entry. 19 20 A. Q. I have it before me. Okay. That entry starts out, "communication
21 with Courier regarding lawsuit." 22 23 A. Q. Yes. All right. Now, is that Howard Roden again
24 that you spoke to? 25 A. On May 19, I'm not sure whether that was Howard
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121 1 or not. I have spoken with someone else from The I -- I don't remember on that date
2 Courier as well.
3 whether it was Howard or not. 4 Q. And you're asking the intervenors to pay for
5 that time as well. 6 7 A. Q. Yes, I am. Mr. Stilwell, have you ever read the desks in
8 this courtroom? 9 A. If you're talking about the pieces of paper
10 that are under the glass on the desks, yes. 11 Q. And they concern pretrial publicity and
12 attorneys talking to the media, don't they? 13 A. There is a statement to that effect under the
14 glass today. 15 Q. Well, it's been under the glass in this
16 courtroom for a long time, hasn't it? 17 A. I don't know when it was put there or when it
18 was not put there. 19 Q. Now, if you go to your entry on May 28, 2010,
20 that is where you put down that you "drafted answer and 21 counterclaim to Intervenors' request for declaratory 22 judgment", correct? 23 24 A. Q. That's correct. Prior to that time, you hadn't worked on a
25 declaratory judgment lawsuit or declaratory judgment

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122 1 cause of action in this lawsuit, isn't that right? 2 A. I think it's already been asked and answered
3 and clear that you filed it that day and I filed an 4 answer to it that day. 5 Q. All right. Now, in your testimony when you
6 presented yourself on attorney's fees, you mentioned 7 this whole issue of protecting the democratic process; 8 is that right? 9 10 11 question back. 12 COURT REPORTER: "QUESTION: All right. A. I'm sorry. State that again, Eric. Would you please read the
MR. YOLLICK:
13 Now, in your testimony when you presented yourself on 14 attorney's fees, you mentioned this whole issue of 15 protecting the democratic process; is that right" 16 17 examination. THE WITNESS: I did in my -- in my direct
I mentioned that although there weren't
18 dollars that were involved in this lawsuit, something as 19 important as our elections and our democratic process, I 20 think, are more important than dollars. 21 Q. (BY MR. YOLLICK) Would you agree, then, that
22 it is extremely important to make sure that there are 23 not people who are preventing others from voting in an 24 election? I mean, that would harm the democratic
25 process as well, wouldn't it?

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123 1 A. I do not think that someone should by physical I think that there
2 means prevent somebody from voting. 3 are laws that say you don't do that. 4 Q.
Well, I don't mean just physical means; but
5 wouldn't you agree that if someone just, you know, 6 through a tactic or through some sort of other method 7 other than physical force, tried to prevent people from 8 voting in elections, that would be subverting the 9 democratic process? 10 A. I'm afraid your question is too vague for me, If you could be a little more specific, I
11 Mr. Yollick.
12 could do my best to answer it. 13 Q. Well, don't you think it's important, Mr.
14 Stilwell, to protect the democratic process, you ought 15 to encourage people to vote? 16 17 vote. 18 Q. A. I think that people should be encouraged to Absolutely. I mean, it hurts the democratic process, does
19 it not, to try to discourage people from voting? 20 A. I think that the legal voters should be
21 encouraged to vote and the illegal voters should be 22 discouraged from voting. 23 Q. Well, and would you agree that you should not
24 discourage people from becoming legal voters? 25 A. I think that if people are properly qualified
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124 1 to vote, they should be encouraged to register and to 2 vote. 3 Q. Absolutely. And you agree that it's wrong to discourage
4 people from becoming properly qualified to vote, don't 5 you? 6 A. Again, I've said it and I'll say it again. I
7 think properly qualified people should be encouraged to 8 vote and illegal voters, people who don't reside in a 9 district or otherwise, should be discouraged from 10 voting. 11 12 13 14 MR. YOLLICK: THE COURT: Pass the witness. Any further redirect? No, Your Honor. You may call
Very well, sir.
15 your next witness. 16 MR. STILWELL: Yes, Your Honor. For my
17 next witness I call Georgia Kirk. 18 THE COURT: Ma'am, if you would be kind We won't make you If you'll come
19 enough to come forward and be sworn. 20 stand like we made Mr. Stilwell stand.
21 right over here; and on the way over, if you'll raise 22 your right hand, please. 23 24 25 stand.
(WITNESS SWORN) THE COURT: Please be seated in the witness
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125 1 MR. STILWELL: Ms. Kirk, I'm afraid if I
2 sit down right here, this board will block me from 3 seeing you. 4 5 here. 6 7 from here? 8 9 THE WITNESS: Yes, sir. MR. STILWELL: Can you see and hear me okay THE COURT: You're welcome to come over
GEORGIA KIRK,
10 having been first duly sworn, testified as follows: 11 12 BY MR. STILWELL: 13 Q. Okay. Will you please introduce yourself to DIRECT EXAMINATION
14 Judge Reiter. 15 A. I'm Georgia Kirk, and I am an employee of the
16 Montgomery Central Appraisal District. 17 18 Q. A. And what is your title, ma'am? It's Director of Appraisal Jurisdiction
19 Support. 20 Q. Okay. And how long have you worked for the
21 Montgomery County Appraisal District? 22 23 A. Q. A little over 16 years. And as part of your job, are you generally
24 familiar with the records that are kept by the 25 Montgomery County Appraisal District or at least records
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126 1 kept by your office? 2 3 4 5 the witness? 6 7 Q. THE COURT: (BY MR. STILWELL) Yes, you may. Exhibit 29 has already been A. Q. Yes, sir. Okay. I'm going to -MR. STILWELL: Your Honor, may I approach
8 admitted in evidence.
Will you take a look at that and
9 see if it's familiar to you, Ms. Kirk? 10 11 A. Q. Yes, sir, it is. Okay. And how would you describe Exhibit 29?
12 What is it? 13 A. This is a copy of records from the Montgomery
14 Central Appraisal District for homestead -- residential 15 homestead exemption applications that were filed with 16 the Appraisal District. 17 Q. Okay. And is it part of MCAD's job -- and I'm
18 sorry. 19 as MCAD. 20 21 A. Q.
I refer to Montgomery County Appraisal District Is that -That's correct. Okay. Is it part of MCAD's job to keep up with
22 homestead designations? 23 24 25 A. Q. A. Yes, sir, it is. Why? The homestead application, or homestead
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127 1 exemption, exempts part of the school tax levied against 2 a person's homestead property. 3 Q. Okay. And on Exhibit 29, were there requests
4 for you to search your records, or your boss, Mark 5 Castleschouldt, either one, to search records for the 6 ten addresses that are listed here on this demonstrative 7 board that is the ten addresses that are associated with 8 the Intervenors? 9 10 A. Q. Yes, sir. Okay. And did you find homestead designations
11 for any of those ten addresses? 12 13 list. 14 Q. Okay. And when you say "the last people on the A. For all of them but the last people on the
15 list", are you talking about Benjamin and Robert 16 Allison? 17 18 A. Q. That's correct. And, in fact, what you found on the homestead
19 designations for Benjamin and Robert Allison, that the 20 address that was listed is their parents' home. 21 22 A. Q. That's correct. Okay. So you found a homestead designation for
23 Ms. Doyle. 24 25 A. Q. Correct. And what homestead designation did you find for
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128 1 her? 2 3 A. Q. That's for 16728 Bending Oaks; Conroe, Texas. And can you tell from that record approximately
4 how long that's been her homestead? 5 A. As far as we could tell, it had been on there And the document I provided was
6 at least since 1992.
7 the Over-65 exemption, which was effective in 2009. 8 Q. Okay. Did you find a homestead designation for
9 Peter Goeddertz? 10 11 A. Q. Yes, sir. Okay. And were you able to tell from your
12 documents where he had declared a homestead? 13 14 A. Q. 15910 Hartman Road, in Magnolia. Okay. And is that this address that's the
15 right here just outside the bounds of Stage Coach? 16 17 A. Q. Yes. Okay. And approximately how long had he
18 declared that his homestead? 19 20 A. Q. 1982. Okay. Did you find a homestead designation for
21 Adrian Heath? 22 23 A. Q. Yes, sir. And I know the records may not be in the same
24 order as I've got them here. 25 A. That's okay. Yes, sir.

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129 1 Q. Okay. And what homestead designation did you
2 find for Mr. Adrian Heath? 3 4 5 6 A. Q. A. Q. Since 1991. And where? It's 43 W. Stony Bridge Ct., in The Woodlands. Okay. And that's approximately this address
7 right here? 8 9 A. Q. Yes, sir. Did you find a homestead exemption listing for
10 Mr. Jim Jenkins, or James Jenkins? 11 12 13 14 A. Q. A. Q. Yes, sir. And what location? 16 Pastoral Pond Circle, in The Woodlands. Okay. And, again, that's this address down
15 here in the south part of The Woodlands? 16 17 A. Q. Yes, sir. And approximately how long has he declared that
18 his homestead? 19 20 A. Q. 1993. Okay. Did you find a homestead exemption for
21 Roberta Cook? 22 23 A. Q. Yes, sir. And what address did she declare was her
24 homestead? 25 A. 607 Sycamore; Conroe, Texas.

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130 1 Q. And is that the Mosswood subdivision just south
2 of River Plantation? 3 4 A. Q. Yes, sir, it is. Okay. And approximately how long had she
5 declared that her homestead? 6 7 A. Q. 2006. Okay. And did you find a listing for Mr.
8 McDuffee? 9 10 A. Q. Yes, sir. And where did Mr. McDuffee declare his
11 homestead? 12 13 14 15 16 A. Q. A. Q. A. 28239 Nancy Lane in Conroe. I'm sorry. Yes. Mr. McDuffee was Nancy Lane?
That's the address that's here.
Did you find one on Hansons Ct.? No, sir, not in this documentation. This is a
17 Benders Landing Estates property. 18 Q. Okay. Do you mind if I look at the record real
19 quick? 20 I see he put a name and address of Nancy
21 Lane, but the legal description of the property was 22 where? 23 24 A. Q. It's Benders Landing Estates. So the Nancy Lane, Conroe address wasn't what He was declaring the
(936) 538-8127
25 he was declaring as the homestead.

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131 1 Benders Landing Estates property; is that correct? 2 3 4 5 Q. A. That's correct. MR. YOLLICK: THE COURT: Objection; leading. Overruled. And how -- when did he
(BY MR. STILWELL)
6 declare the Benders Lending property his homestead? 7 8 A. Q. 2009. Okay. And what about Mr. Curry? Did you find
9 a homestead designation for Thomas Curry? 10 11 12 A. Q. A. Yes, sir, I did. And where did he declare his homestead? There is not a physical address on the
13 property, but it's Stone Ranch subdivision. 14 15 242? 16 17 A. Q. Yes, sir, it is. Okay. And when did he declare that his Q. Okay. And do you understand that to be out
18 homestead? 19 20 A. Q. For 2004. Okay. And how about Mr. Bill Berntsen? Did
21 you find a homestead designation for him? 22 23 24 25 A. Q. A. Q. Yes, sir, I did. And where did he declare his homestead? 32 N. Rain Forest Ct., in The Woodlands. Okay. And do you understand that to be in the
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132 1 southern portion of The Woodlands? 2 3 4 5 A. Q. A. Q. Yes, sir. And when did he declare that his homestead? 1995. Okay. And then I think you already mentioned
6 that Mr. Benjamin and Robert Allison's parents had 7 declared a homestead out in Cut & Shoot; is that 8 correct? 9 10 A. Q. That's correct. Did you search your records to see if any of
11 these individuals filed a withdrawal of their homestead 12 in 2010? 13 14 15 16 A. Q. A. Q. Yes, sir. And did any of them withdraw their homestead? Not that I found. Did any of them file a change of homestead at
17 any point in time in 2010 to declare somewhere else 18 their homestead? 19 20 A. No, sir, they did not. MR. STILWELL: Your Honor, may I approach
21 the witness again? 22 23 Q. THE COURT: Yes, you may. I'm going to show you what
(BY MR. STILWELL)
24 has been admitted as Exhibit 27, which is part of the 25 public records from J.R. Moore's office, and show you a
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133 1 document within it. 2 3 4 A. Q. Do you recognize what that document is? Yes, sir. And what does that document relate to? First
5 of all, what is it? 6 A. This is a letter from Mark Castleschouldt, the
7 chief appraiser at MCAD, to J.R. Moore, Jr., the Tax 8 Assessor-Collector for Montgomery County. 9 Q. Okay. And what is the general subject matter What are they writing back and forth to
10 of that letter? 11 each other about? 12 A.
This is concerning a homestead exemption
13 effective for the 2010 tax year for Dirk and Kate 14 Laukien. 15 Q. Okay. Dirk and Kate Laukien. And do you know
16 what property they were talking about? 17 A. This is property on Research Forest, in --
18 close to their commercial property. 19 20 is? 21 A. It's within the boundary of the RUD and across Yes. Q. Okay. And do you know approximately where that
22 the lake from the 9333 Six Pines Drive. 23 24 lake? 25 A. Yes, sir. Q.
So somewhere in this area, then, across the
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134 1 Q. And what -- what was the determination that
2 Mr. Castleschouldt and Mr. Moore, that Mr. 3 Castleschouldt, the chief appraiser, and Mr. Moore, the 4 Tax Assessor-Collector, about whether or not there was a 5 residence in the boundaries of the RUD that Dirk and 6 Kate Laukien owned? 7 A. They determined that it is, in fact, their
8 homestead. 9 10 witness. 11 12 13 BY MR. YOLLICK: 14 Q. When Mark Castleschouldt made that THE COURT: Your witness, sir. MR. STILWELL: Pass the witness. Pass the
CROSS-EXAMINATION
15 determination that 2630 N. Crescent Ridge was the 16 Laukien residence, how much time did he spend with the 17 Laukiens in the house? 18 19 A. Q. As far as I know, he's not been to their house. What about J.R. Moore? How much time did J.R.
20 spend in the Laukien house? 21 22 A. Q. As far as I know, he's not been to their house. Now, you mention just now that it's your
23 understanding that 9333 Six Pines is across the lake 24 from the Laukien -- what you're calling the Laukien 25 house; is that right?
6/7/2010
135 1 2 A. Q. Yes, sir. Okay. Is 9333 Six Pines, do you know whether
3 or not the whole portion of it actually is on the edge 4 of the lake, or is it just a part of it? 5 6 A. Q. I'm -- I'm not sure. Can you actually see 9333 Six Pines from 2630
7 N. Crescent Ridge? 8 9 A. Q. I have no idea. Can you see N. Crescent Ridge from 9333 Six
10 Pines? 11 12 13 14 15 16 A. Q. A. Q. A. Q. I have no idea. Were you subpoenaed to appear here today? No, sir, I was not. You came voluntarily. I did. Now, it is correct, is it not, that you, I
17 think, told us that that Peter Allison house is the 18 parents' home of the Intervenors Benjamin Allison and 19 Robert Allison; is that right? 20 A. I did say that I did not have a homestead
21 application from those two parties, but I did from a 22 Peter Allison. 23 24 25 Q. A. Q. Who is their parent. As far as I know, they are. Well, you don't know, do you?
6/7/2010
136 1 2 A. Q. No, I don't. I mean, you don't know if Peter Allison is even
3 related to them. 4 5 6 A. Q. A. No, I don't. I mean, you're just looking at the records. I don't have personal knowledge of their
7 parentage. 8 Q. You don't even know if they're related in any
9 way, do you? 10 11 A. Q. No, sir, I don't. You've been with the Appraisal District, I
12 think you said, for more than a decade; isn't that 13 right? 14 15 A. Q. Yes, sir. And are you familiar with the fact that taxing
16 for ad valorem, or property taxes, usually the bills go 17 out in like the September-October time frame? 18 19 A. Q. Yes, sir. All right. And when those bills go out, they
20 are for appraised amounts that are set on January 1 of 21 that year. 22 23 A. Q. That is correct. And so if someone has a homestead exemption on
24 January 1 of that year, then it will apply for the full 25 year.
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137 1 2 A. Q. That's correct. And if they want to withdraw that homestead
3 exemption, then they should do that during that year so 4 that for the next year on January 1st, there will either 5 not be a homestead exemption or there will be a proper 6 homestead designation? 7 8 A. Q. That is correct. All right. Now, the only other thing I want to First off,
9 ask you to do is to look at some documents. 10 let's take a gander at -11 MR. YOLLICK:
Did we give an exhibit
12 notebook to Judge Reiter? 13 Your Honor, do you have an exhibit notebook
14 of our exhibits? 15 16 THE COURT: MR. YOLLICK: I don't. May I approach the Court just
17 so you have a set? 18 19 20 21 Thank you. 22 23 Q. (BY MR. YOLLICK) MR. YOLLICK: Let me -And, Your Honor, may I THE COURT: MR. YOLLICK: THE COURT: Yes. Please.
It's exactly the same. That will be most helpful.
24 approach the witness? 25 THE COURT:

Yes, you may.

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138 1 2 well. 3 Q. (BY MR. YOLLICK) Okay. What I'd like to do is MR. YOLLICK: So the witness has a set as
4 ask you -- ma'am, I'm sorry. 5 name. 6 7 A. Q. Georgia. Okay.
I don't remember your
Georgia, if you'll look at Exhibit 29,
8 please. 9 10 11 Q. A. (Witness complied.) Okay. What is marked as Intervenors' Exhibit 29 are
12 copies of records from the Montgomery Central Appraisal 13 District; isn't that correct? 14 15 A. Q. This is a copy of the records from our website. Okay. So the Central Appraisal District here
16 in Montgomery County maintains a website where you make 17 your public records available online. 18 19 A. Q. That's correct. And so the pages that are contained within
20 Exhibit 29 are copies from your website. 21 22 A. That's correct. MR. YOLLICK: Your Honor, at this time I
23 offer Exhibit 29. 24 25 THE COURT: Any objection? Let me briefly look
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MR. STILWELL:
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139 1 through -2 3 THE COURT: I'm sorry? I want to briefly look
MR. STILWELL:
4 through all the pages in the exhibit. 5 6 hurry. 7 8 MR. STILWELL: THE COURT: No objection. Intervenors' THE COURT: Certainly. Go ahead. No
Very well.
9 Exhibit 29 will be admitted without objection. 10 11 12 Q. You may proceed, Mr. Yollick. MR. YOLLICK: (BY MR. YOLLICK) Thank you, Your Honor. Georgia, if you would please And what
13 look at Plaintiffs' Exhibit 35 for a minute. 14 I'd like to do is ask you -- are you there? 15 16 A. Q. Yes.
If you would skip the first three pages that
17 concern a different state and go to just the last three 18 pages of Exhibit 35. 19 20 A. Q. Okay. Exhibit 35 is -- the last three pages alone are
21 documents and data that were prepared for use by the 22 Montgomery Central Appraisal District; isn't that 23 correct? 24 A. Yes, sir. It looks like this was screen prints
25 from our records, yes.

6/7/2010
140 1 Q. All right. And, in fact, these are screen
2 shots that were done sometime around June the 4th, 2010; 3 isn't that right? 4 A. This is as of April 29th, 2010. The date is in
5 the right-hand corner, up under the -- I mean, that's 6 the date that this -- I'm not sure when it was print- -7 well, actually down at the bottom right-hand corner, it 8 says it was printed on 6-4 of 2010. 9 MR. YOLLICK: Your Honor, at this time I
10 offer the last three pages of Exhibit 35, which I would 11 like to call 35-A. 12 THE COURT: And would you be gracious
13 enough to point out to me just what those pages look 14 like? 15 MR. YOLLICK: They have the word "Orion" in
16 the top right -- or top left corner. 17 THE COURT: Okay. I misunderstood you.
18 Yeah, I had those two Orion pages -19 20 Your Honor. 21 22 pages. THE COURT: All right. The last three MR. YOLLICK: There is three Orion pages,
Three Orion pages, one that follow the picture
23 of the house. 24 25 MR. YOLLICK: THE COURT:

Correct. All right. Any objection?

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141 1 MR. STILWELL: I don't think the proper
2 predicate has been laid, Your Honor. 3 4 has been laid. MR. YOLLICK: I think the proper predicate
I think Ms. -- I think Georgia -- and I Kirk, isn't it?
5 don't know her last name; I'm sorry. 6 7 THE WITNESS: MR. YOLLICK: Kirk.
I think Ms. Kirk stated these
8 are records of the Appraisal District. 9 10 lay? 11 MR. STILWELL: Your Honor, I don't believe THE COURT: What else would you have him
12 that the testimony has been given as to certainly the 13 second page and as to the third page of those three as 14 to the documents and I certainly note on it that each of 15 the documents say that there is no guarantee or warranty 16 of the accuracy of the document or the data. And so I
17 have concerns about authenticity and accuracy of the 18 documents because there hasn't been a predicate laid for 19 that. 20 21 MR. YOLLICK: MR. STILWELL: Well, Your Honor -The stamp on the documents
22 themselves say that there is, you know, there's no 23 guarantee of the accuracy of the document or the data; 24 and that, to me, says there is an issue there. 25 THE COURT:
And your response?

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142 1 MR. YOLLICK: Your Honor, the witness has
2 already testified that all three pages are documents or 3 data that are prepared for use by the Montgomery Central 4 Appraisal District. 5 6 authenticity? 7 8 MR. STILWELL: THE COURT: Yes, Your Honor. The last three So -And your objection is lack of
THE COURT:
Overruled.
9 pages of 35, Intervenors' 35 will be admitted. 10 Q. (BY MR. YOLLICK) The only other thing I want
11 to ask you, Ms. Kirk, is, it is correct -- and I want to 12 talk to you just for a minute about this structure at 13 2630 N. Crescent Ridge Drive that is owned by Dirk and 14 Kate Laukien. It is correct that that structure had a
15 tax abatement on it until very recently. 16 A. No, sir. The -- the commercial portion of the
17 property has a tax abatement agreement on it and has for 18 several years. 19 Q. But isn't it correct, Ms. Kirk, that there was
20 actually a tax abatement on the non-commercial portion 21 of it until very recently, until someone brought it to 22 the attention of J.R. Moore and the Appraisal District 23 that that abatement needed to be removed from this 24 structure? 25 A. I'm not aware of that.
6/7/2010
143 1 2 3 4 5 Q. Thank you. MR. YOLLICK: THE COURT: Pass the witness. Your witness, sir. No redirect, Your Honor. You may be excused.
Very well.
6 Thank you, ma'am. 7 8 Call your next witness. MR. STILWELL: Your Honor, for my next Ms. Patricia Miller.
9 witness I call Patricia Miller. 10 11 and be sworn. 12 hand. 13 14 15 16 (WITNESS SWORN) THE COURT: THE WITNESS: THE COURT: THE COURT:
If you will kindly come forward
If you'll come over and raise your right
I'm sorry. I will. Yes.
What was that?
Very good.
If you'll
17 have a seat there, ma'am. 18 PATRICIA MILLER,
19 having been first duly sworn, testified as follows: 20 21 BY MR. STILWELL: 22 Q. Ms. Miller, can you see and hear me okay from DIRECT EXAMINATION
23 there? 24 25 A. Q. Yes. Would you please introduce yourself to Judge

6/7/2010
144 1 Reiter. 2 A. My name is Patricia Miller, and I'm an employee
3 at Montgomery Central Appraisal District. 4 5 Q. A. And what is your title there? I'm the Director of the Geographic Information
6 Systems and Property Transactions. 7 8 9 Q. A. Q. And how long have you worked for MCAD? I'm working on my 29th year. What does a Director of GIS and Property
10 Transactions do? 11 A. My responsibility is work in the deed records
12 that are filed with the County Clerk, updating the 13 ownership information and entering that information into 14 our Geographic Information System and producing the 15 maps. 16 Q. Okay. So is part of your job to keep up with
17 properties for taxing purposes? 18 19 A. Q. That's correct. And part of that is to determine what's inside
20 certain districts and what's outside certain districts? 21 22 A. Q. Yes. Okay. Are you familiar with a district that is
23 called The Woodlands Road Utility District No. 1 of 24 Montgomery County, Texas? 25 A. Yes.
6/7/2010
145 1 Q. Is it okay with you if I simply call it The
2 Woodlands RUD? 3 4 A. Q. Okay. That's a little bit shorter and easier to say,
5 I think. 6 MR. STILWELL: And may I approach the
7 witness, Your Honor? 8 9 Q. THE COURT: (BY MR. STILWELL) Yes, you may. I'm going to hand you
10 Exhibit 25, Plaintiffs' Exhibit 25, and have you take a 11 look at that. 12 with? 13 14 A. Q. Yes. And what, generally speaking, is Plaintiffs' Is that a document that you're familiar
15 Exhibit 25? 16 A. It's the map depicting the boundaries for
17 Woodlands RUD 1. 18 Q. Okay. And, generally speaking, you see out
19 here in the courtroom, I've got a large demonstrative 20 board that's on an aerial overlay of the county and it's 21 got kind of a light coffee-colored, or a light brown 22 colored markings on it. 23 brown markings? 24 25 A. Q. That is the boundaries of The Woodlands RUD 1. Okay.
Do you recognize the light
6/7/2010
146 1 MR. STILWELL: And, again, Your Honor, may
2 I approach the witness? 3 4 Q. THE COURT: (BY MR. STILWELL) Yes, you may. I'm also going to put in Is
5 front of you Exhibit 29, Plaintiffs' Exhibit 29. 6 that a document you have seen before? 7 8 A. Q. Yes. Okay.
And that's the exhibit that Ms. Kirk was
9 just testifying about that contains all the different 10 homestead designations of the various intervenors, 11 correct? 12 13 A. Q. Yes. And did you check those addresses to see
14 whether any of those addresses were inside of the Road 15 Utility District? 16 A. Yes. From this record we looked up the legal
17 descriptions and verified that they are outside of The 18 Woodlands RUD 1. 19 Q. Okay. So none of the ten intervenors'
20 designated homesteads and real property is inside of the 21 Road Utility District, correct? 22 A. Everything that's within this document is not
23 within RUD. 24 Q. Okay. Are you familiar that there has been a
25 determination made by your boss, Mark Castleschouldt,

6/7/2010
147 1 and also by J.R. Moore that there is indeed a residence 2 within the boundaries of the RUD? 3 4 5 object. 6 7 A. A. Yes. MR. YOLLICK: That's hearsay. THE COURT: Overruled. Your Honor, I'm going to
I was given the legal description location of
8 that property and asked to verify and we did verify the 9 location and that it is taxed by The Woodlands RUD and 10 located within it. 11 Q. (BY MR. STILWELL) Okay. And what -- whose --
12 whose address are we talking about? 13 A. The Laukien property. It's located in the
14 Medical Research Park area. 15 Q. Okay. And, in fact, do you know whether or not
16 there is a homestead exemption on it? 17 A. Yes. There is a homestead exemption on a
18 portion of the property. 19 Q. Okay. And based on your work, do you think
20 that Dirk and Kate Laukien's residence is inside the 21 boundaries of The Woodlands Road Utility District? 22 23 24 A. Q. Yes. Let me -MR. STILWELL: Your Honor, may I approach
25 the witness again?

6/7/2010
148 1 2 Q. THE COURT: (BY MR. STILWELL) Yes, you may. You can set those right back
3 up here. 4 I'm going to show you Plaintiffs' Exhibit
5 No. 23 and ask you to take a look at that and see if 6 it's familiar to you. 7 8 9 A. Q. A. Yes. Okay. And what is Plaintiffs' Exhibit 23?
It's a boundary map of Montgomery County MUD
10 No. 36. 11 Q. Okay. And so MUD No. 36 is different than The
12 Woodlands Road Utility District, correct? 13 A. Yes. There is no portion of those districts
14 overlapping. 15 16 17 Q. A. Q. There is no portion of them overlapping? No. Okay. And on this board do you see anything
18 that outlines the boundaries of MUD 36? 19 A. It's the purple -- it has a little bit of a It's south of Woodlands Parkway and
20 purple look to it.
21 south of The Woodlands RUD. 22 23 24 Q. A. Q. Okay. Am I pointing to that area now?
That's correct. Okay. So the northern most boundary of MUD No.
25 36, the Municipal Utility District No. 36, the northern

6/7/2010
149 1 most boundary is what? 2 3 A. Q. Woodlands Parkway. Okay. Do you know where -- and there is a dot Do you generally
4 right here -- 9333 Six Pines Drive is? 5 know where that's located? 6 A.
I was also asked to verify the location of that
7 address. 8 9 Q. A. Okay. And that's a hotel, right? I can't remember the
I believe it's a -- yes.
10 name of it, but I was asked to verify that address as 11 within the RUD. 12 Q. Okay. And that hotel, if somebody had their
13 residence at that hotel, would they be inside the bounds 14 of MUD 36? 15 16 A. Q. No. Okay. Are -- and a separate question. Are any
17 of the other ten homestead addresses that we were 18 referring to a few minutes ago, are any of those ten 19 homestead addresses inside of MUD 36? 20 21 A. Q. No. But Dirk and Kate Laukien's address is inside
22 of the bounds of the Road Utility District, correct? 23 24 25 Honor.

A.
That's correct. MR. STILWELL: Pass the witness, Your
6/7/2010
150 1 2 3 BY MR. YOLLICK: 4 Q. Ms. Miller, first of all, with respect to the THE COURT: Yes, sir. Cross-examination.
CROSS-EXAMINATION
5 2630 N. Crescent Ridge address, that house or building 6 or whatever it is had a tax abatement on it until 7 sometime this year; isn't that correct? 8 A. I was not asked to verify any information. I
9 haven't looked at those records. 10 11 12 Q. A. Q. So you don't know? I do not know. You said that you looked at all of the people
13 who were, is it registered to vote inside the boundaries 14 of the RUD? 15 A. No. I was just given a list of addresses; and
16 from that, I went to the real property legal description 17 to verify that they were not within the district 18 boundaries of The Woodlands RUD No. 1. 19 Q. And the list of addresses that you were given
20 was given to you by whom? 21 22 A. Q. My boss, Mark Castleschouldt. Okay. So you didn't look, for example, to see
23 whether or not Nexus Hospital is inside the RUD? 24 25 A. Q. No, sir. Or Farmers Insurance?
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151 1 2 3 4 A. Q. A. Q. No, sir. Or United Way? No, sir. Allstate, you didn't look to see if they were
5 inside the RUD? 6 7 A. Q. No. Rand Global, you didn't look to see if they
8 were in the RUD? 9 10 11 Honor. A. No, sir. MR. STILWELL: Objection; relevance, Your
This is about the ten intervenors and their
12 residency, not about Allstate or, you know, any of these 13 other entities. 14 15 16 Q. MR. YOLLICK: THE COURT: (BY MR. YOLLICK) I'll move on.
Very well. You didn't look to see, for
17 example, if the Residence Inn was in the RUD, did you? 18 A. I was just given a specific list of addresses
19 and requested to determine whether or not they were 20 within The Woodlands Road Utility District. 21 Q. So you don't know whether you were asked to
22 look at the Residence Inn? 23 A. The Residence Inn, yes, I was. I'm not sure -Is that the Six
24 Pines Drive? 25 Q. Yeah.
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152 1 A. I work more with the legal descriptions than I
2 do the addresses, but -3 Q. Right. So the 9333 Six Pines Drive, is that
4 within the RUD? 5 6 7 8 9 10 A. Yes. MR. YOLLICK: MR. STILWELL: THE COURT: Pass the witness. Your Honor --
Any further redirect? No further redirect. Thank you,
You may be excused.
11 ma'am, for being here. 12 13 14 15 16 witness stand. 17 18 You may proceed, sir. RICHARD McDUFFEE, Call your next witness, sir. MR. STILWELL: I call Rick McDuffee.
(WITNESS SWORN.) THE COURT: You may please be seated in the
19 having been first duly sworn, testified as follows: 20 21 BY MR. STILWELL: 22 23 24 25 Q. A. Q. A. Can you see and hear me fine from there? Yes. Would you please state your name. Richard McDuffee.
DIRECT EXAMINATION
6/7/2010
153 1 Q. And do you go by Richard or Rick or some
2 other -3 4 5 6 the witness? 7 8 Q. THE COURT: (BY MR. STILWELL) Yes, you may. Okay. Mr. McDuffee, I'm A. Q. Personal friends call me Rick. Very good. MR. STILWELL: Your Honor, may I approach Mr. McDuffee.
9 going to hand you Plaintiffs' Exhibit 28 and I think 10 you'll recognize the first three pages of that, but take 11 a look. 12 13 A. Q. Yes, sir. Mr. McDuffee, have you had a chance to look at
14 those? 15 16 A. Q. Yes. And the three pages that I was referring to,
17 each of those has your signature on it, doesn't it? 18 19 A. Q. Yes. And can you -- can you identify for us what
20 those three pages are? 21 A. Application for placement of May 8, 2010
22 general election ballot. 23 Q. Okay. Well, just put in everyday common
24 person's words, this was your candidacy filing, correct? 25 A. Yes. That's correct. Candidate for seeking
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154 1 office. 2 Q. Right. And this was what you filed in order to
3 become a candidate for The Woodlands Road Utility 4 District No. 1, correct? 5 6 A. Q. Yes. Okay. And is there a line on that document,
7 sir, that asks about your residence? 8 9 A. Q. Are you referring to the 27907 Hansons Ct.? Yes, sir. I'm -- I'm referring to that part,
10 and I'll put my little finger on that right there that 11 says permanent residence address. 12 on the document? 13 14 A. Q. Yes. So when you filed to run for The Woodlands Road What date did you Do you see that line
15 Utility District -- and I'm sorry. 16 sign this document? 17 18 A. Q. March 8, 2010.
So March 8 of this year when you filed for
19 election with The Woodlands Road Utility District and 20 The Woodlands Road Utility District asked you what your 21 permanent residence address was, what address did you 22 tell them? 23 24 A. Q. 27907 Hansons. Okay. And, in fact, that's -- that's your
25 property down here in Benders Landing Estates, correct,

6/7/2010
155 1 sir? 2 3 yes. 4 Q. And, in fact, you -- you gave that testimony as A. That's the address of that piece of property,
5 sworn testimony and your signature was notarized, 6 correct, sir? 7 8 9 10 A. Q. A. Q. Correct. And will you flip to that next page? (Witness complied.) And can you identify what that next page in the
11 application is? 12 13 A. Q. This is the campaign treasurer by a candidate. All right. So as part of your candidacy
14 filings and as part of your campaign, you -- you had an 15 appointment for naming the treasurer so that if you 16 wanted to, you could raise funds and, you know, do 17 campaigning, correct? 18 19 A. Q. Correct. And, in fact, when they asked you address
20 again, what address did you put down on that? 21 22 A. Q. The 27907 Hansons Ct. Okay. And then further down, you named
23 yourself as your own campaign treasurer, correct? 24 25 A. Q. Correct. And what address did you give for yourself as
6/7/2010
156 1 your -- as campaign treasurer? 2 3 4 5 A. Q. A. Q. The exact same address. Okay. And what date did you sign that?
That was on March 3rd, 2010. So March 3rd, 2010, you identified again for
6 purposes of this election that your address was 27907 7 Hansons Ct., correct? 8 9 A. Q. Correct. And, sir, you're not denying that you have a
10 homestead designation in place for that same address, 11 the 27907 Hansons Ct., do you? 12 A. Well, if there is a homestead on that, my wife
13 filed it. 14 15 16 Your Honor? 17 18 Q. THE COURT: (BY MR. STILWELL) Yes, you may. Isn't that your signature on Q. Okay. Well, actually, sir -MR. STILWELL: May I approach the witness,
19 the homestead designation, sir? 20 A. I can't -- it's close to my signature, but I
21 can't verify that because the one thing I'm very 22 distinct on is the double F, double E on the end of my 23 name. I always have that. If you show the previous
24 page here, you'll notice that that's -- on the signature 25 line, my signature has -- always has the two Fs and the
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157 1 Es are basically lines going out. 2 Q. Okay. Well, you see on this document that I'm
3 showing you where it says "applicant's signature", it's 4 got your name down and where it says "spouse's 5 signature", there is not a thing, is there? 6 A. I agree to that. There is no signature in the
7 spouse page. 8 Q. But, again, just to be perfectly clear, you're
9 not denying -10 11 12 13 A. Q. A. I can't --- that there is a filed homestead designation? I'm not denying; no, sir. THE COURT: Excuse me. I hesitate to She can
14 interrupt, but have pity on my court reporter.
15 only take one person talking at a time and we sort of 16 get in the habit of talking back and forth, but she's 17 got to write down everything that he asks in the 18 question, everything you say in an answer. 19 of have a little pity on her, if you will. 20 So we'll let Mr. Stilwell ask his questions And so kind
21 until he gets to a question mark and then he'll be quiet 22 and then you answer the question until you get to a 23 period; and then if you'll be gracious enough to be 24 quiet, then we'll let him do his next one. 25 Please ask your question again, sir.
I'm
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158 1 not quite sure I understood it. 2 3 Q. MR. STILWELL: (BY MR. STILWELL) Fair enough. And the question is, you
4 don't deny that you have a filed homestead designation 5 for this address on Hansons Ct., 29707 Hansons Ct. 6 A. No, I do not deny there's a homestead on that
7 property. 8 THE COURT: While Mr. Stilwell is getting
9 his thoughts organized, let me just say something to you 10 that I generally remember to say to a jury when we have 11 one and I just forgot this time. But for the court
12 reporter and anybody else, any time you want to take a 13 break, give me a time-out sign. I know what it means
14 and I'm -- as some of you heard me say before, the two 15 things I did best in law school were cut and paste and 16 recess. 17 to. 18 And, Ms. Court Reporter, be sure to let me So I'm happy to take all the recesses you want
19 know if you need to take a break. 20 21 Please proceed, Mr. Stilwell. MR. STILWELL: Thank you. And may I
22 approach the witness, Your Honor? 23 THE COURT: Yes, sir. And we'll take a
24 break in about ten minutes. 25 MR. STILWELL:

Very good.
Very good.
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159 1 Q. (BY MR. STILWELL) Sir, I'm going to hand you
2 what's been marked as Plaintiffs' Exhibit No. 8 and see 3 if you recognize them as the deed records for your 4 property. 5 6 A. Do you recognize that document, sir? I recognize this document of 3000 Glenwood
7 Drive; Joshua, Texas, 76058. 8 Q. All right. And, in fact, sir, if you look, But if you look
9 that was who paid the consideration.
10 further down on the page, what lot was it that was being 11 transferred? 12 13 14 A. Q. A. Lot being transferred. If I can point it out to you. Oh, Lot 27, Block 8, Benders Landing Estates,
15 Section 4. 16 Q. All right. So if you think about it, that's --
17 that's, in fact, the deed, you know, where you purchased 18 the 27907 Hansons Lane address, correct? 19 A. That was when the lot -- the vacant lot was Yes. And subsequent to that date, you've
20 purchased. 21 Q.
All right.
22 built a house on it, right? 23 24 25 A. Q. The house has been built on it, yes. Right. Right.
And then can I show you Exhibit No. 2,

6/7/2010
160 1 Plaintiffs' Exhibit No. 2, and ask you to take a look at 2 it? 3 Have you had a chance to look at the
4 voter's registration records that you filed for this 5 election? 6 A. I'm not going to answer affirmative or negative
7 on that because I am not until I can look at the 8 document. 9 Q. Okay. Sure. Let me turn to it for you if you
10 don't mind. 11 12 13 A. Q. Go right ahead. I'll be happy to find that for you. Okay. And I'm going to start on this page.
14 This is actually their -- the Registrar's computer 15 printout. I would not have expected you to have seen
16 that; but if you flip to the next page, sir, is that a 17 document that looks familiar to you? 18 19 A. Q. Yes. Okay. And indeed is that your voter's
20 registration card? 21 22 A. Q. That is my voter's registration card. I'm going to put this here. Yes.
I think you'll be This way the
23 able to see this on the monitor just fine. 24 Judge can see it as well. 25 I'm sorry.
I just let that slip.

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161 1 Okay. This is voter's registration card
2 for Richard C. McDuffee, correct? 3 4 A. Q. Correct. And it says that your residence address is 9333 This is when you changed your address
5 Six Pines Drive.
6 for your voter's registration purposes to the hotel, 7 correct? 8 9 A. Q. Correct. And it says below that that your mailing
10 address is 27907 Hanson Ct., correct? 11 12 A. Q. Correct. And it says that "you understand that giving
13 false information to procure a voter registration is 14 perjury and a crime under state and federal law." 15 you see that, sir? 16 17 A. Q. I've read that, yes. And, in fact, you signed that statement on Do
18 April 5, 2010, just after April Fools' Day, correct? 19 20 21 22 A. Q. A. Q. Yes. Yes. April 5, not April Fools' Day. Just after April Fools' Day, correct?
After the first day of April; yes, sir. Yes. Okay. And, in fact, prior to that point
23 in time, your voter's registration address -- and I'm 24 going to do the best I can here. 25 All right.
Can you see that that has your

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162 1 name up in that upper corner, Mr. McDuffee? 2 3 A. Q. I can barely make it out; but, yes, I see it. And prior to changing your voter's registration
4 address to the hotel, this was your voter's registration 5 application, wasn't it, sir? 6 7 A. Q. Yes. And, in fact, previously you had stated that
8 your residence address was what? 9 10 A. Q. 27907 Hansons Ct. Okay. So, on April 5 of this year, you took
11 your address from your homestead, your deed, your house, 12 and changed your voter's registration card to be in that 13 hotel, correct? 14 A. I changed my voter's registration from the
15 home, but the home you keep referring to as my house was 16 actually my wife's house. 17 18 19 Q. A. Q. All right. But you changed it to the hotel.
I changed it to the hotel, yes. Sure. Now, on the date that you signed that
20 voter's registration card, you know, bear that date in 21 your mind, April 5, correct? I can show it to you again
22 if you need to just be certain that that's the date. 23 Okay? 24 25 A. Q. Uh-huh. April 5th is when you signed that, correct,
6/7/2010
163 1 sir? 2 3 A. Q. Correct. On April 5, did you live at the Residence Inn
4 Marriott? 5 A. That was going to be where my intentions were
6 to move and live and be inside the RUD district. 7 8 Q. MR. STILWELL: (BY MR. STILWELL) Object to non-responsive. On April 5, did you live at
9 that Marriott hotel? 10 11 A. Q. On April 5th, I'm going to say no. And, in fact, have you had a chance to look at
12 the subpoenaed records of the Residence Inn hotel? 13 14 A. Q. No. Okay. But if I were to show you those records,
15 do you think you would find in there anywhere in 2010 up 16 until May the 7th, the night before this election, that 17 you had stayed at that hotel? 18 19 A. Q. I do not believe you will find that. So prior to May the 7th -- that is, all of
20 January 2010, all of February 2010, all of March 2010, 21 all of April 2010, including the date that you swore 22 that you resided there, all the way through the end of 23 April 2010, you had never lived a day at the Residence 24 Inn hotel, correct? 25 A. No. I had never lived -- I stated that moving
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164 1 takes a long time, and you don't just pick up in the 2 middle of the night and move. 3 Q. But on the date that you swore, April 5th, that
4 you lived at that hotel, you hadn't stayed there once 5 during the course of the year, had you? 6 7 8 9 A. Q. A. Q. To that date, no, because I had not moved. And the night after you didn't live there. Night after what? The night after you signed that sworn
10 statement, you didn't live there. 11 12 A. Q. I never said I did. All right. All the way through the month of
13 April, 25 days later, you hadn't stayed there a night, 14 had you, sir? 15 A. I moved my date from Joshua, my voter
16 registration, to Nancy Lane in north Conroe before I 17 moved there. 18 saying? We leased a house. Is that what you're
In other words, if I'm in the process of
19 moving, I can't -20 MR. STILWELL: Objection; non-responsive.
21 Your Honor, my question was, at any point in time during 22 2010, including all of the month of April of 2010, the 23 same month that he signed and swore under penalty of 24 perjury that he resided at the hotel, did he reside for 25 even a single day at that hotel during any of those
6/7/2010
165 1 months? 2 3 THE WITNESS: MR. STILWELL: The answer was no. Your Honor, I think you had
4 mentioned that you wanted to take a bathroom break. 5 This would be a fine time in the examination if you 6 wanted to take that break. 7 THE COURT: All right. All in favor of
8 taking a break, raise your hand. 9 minutes. 10 11 12
We'll recess for 15
See you guys back here at 3:21. (SHORT RECESS) (DISCUSSION OFF THE RECORD) THE COURT: All right. Returning now to
13 the Record, you may call your next or rather ask your 14 next question of this witness. 15 Q. (BY MR. STILWELL) And, Mr. McDuffee, during
16 that break, I wrote down on this chart pad so that we 17 can keep track of dates and things, your name, Mr. 18 McDuffee, and your voter's registration date was April 19 5, 2010. 20 21 A. Q. Correct? Correct. And that you testified that, in fact, on that
22 date, you did not stay at the Residence Inn hotel. 23 24 A. Q. Correct. In fact, the date of the election that we're
25 talking about is May 8, correct?

6/7/2010
166 1 2 A. Q. Yes. May 8.
Before May 8, how many nights did you pay for a
3 room at the Residence Inn? 4 A. I was in a room with a friend of mine on May 7,
5 May 8. 6 Q. Okay. So you stayed with somebody else the
7 night before the election and the night of the election, 8 but you didn't pay for a room either of those two 9 nights. 10 11 12 13 14 Q. A. Q. A. It was -- it was a group of us got together. MR. STILWELL: (BY MR. STILWELL) I did not pay. Okay. Objection; non-responsive. Did you pay for a room?
No, sir.
But your testimony is, a group of y'all
15 stayed together in a room the night before the election 16 and the night of the election, correct? 17 18 19 A. Q. A. Correct. How many people stayed in that room? I didn't rent the room, so I don't know what
20 was on the registry. 21 22 23 24 Q. A. Q. A. All right. I did, yes. Who else did? It was basically a party. There were people But you stayed in that room.
25 coming and going all night, so I saw Mr. Jim Jenkins,

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167 1 Tom Curry, Bill Berntsen, Adrian Heath, Ben and Robert. 2 Q. All right. But that's who came and went during Who stayed at the hotel? Who
3 the course of the night. 4 slept in that room? 5 A.
Well, there was more than one room from what I
6 understood. 7 8 9 10 11 bed. 12 MR. STILWELL: Okay. Objection; Q. A. Q. A. No. The room you slept in.
The room I slept in? Yeah. Who else slept in that room?
The party was still going on when I went to
13 non-responsive. 14 Q. (BY MR. STILWELL) Who slept in the same room
15 that you slept in? 16 A.
It's not a hard question.
Jim Jenkins, Pete Goeddertz, myself, and I
17 can't -- I believe Bill Berntsen, but I cannot be 18 positive. 19 20 21 22 Q. A. Q. A. So, at least three of y'all in that one room. At least three. Okay. What did you take with you to the hotel?
Well, I was traveling from out of town, so I
23 came in with a suitcase. 24 Q. Okay. So you had, what, a small suitcase, you
25 know, airplane overhead rack suitcase, checker bag

6/7/2010
168 1 suitcase? 2 A. A checker bag-type suitcase that had a change
3 or two of clothes in it. 4 Q. Okay. So you had a change or two of clothes,
5 maybe a couple of travel toiletries? 6 7 A. Q. My shaving kit; yes, sir. Did you take anything else with you to the
8 hotel? 9 A. A pair of shorts, flip-flops, T-shirt, what I
10 know would have been thrown in there for, you know, out 11 of -- out of dress clothes. 12 13 14 Q. A. Q. And that pretty well sums it up? Pretty well, yes. Now, let's go back to this April 5, 2010 date,
15 the date that you signed under penalty of perjury that 16 voter's registration application. 17 I'm talking about? 18 19 A. Q. Yes. Okay. Prior to that date, did you talk with Do you know what date
20 any of the other ten folks about declaring 9333 Six 21 Pines, the hotel, as your hotel -- as your residence 22 address? 23 24 25 that?
Did you talk to any of them about that? Yes. Okay. Did you talk with all of them about
A. Q.
6/7/2010
169 1 A. It was ongoing discussions, so who was at -- if
2 I was at Mr. Jenkins' place of business that he owns or 3 different places when we had our meetings and things. 4 We don't take a registry of who's there, so I can't 5 testify and know who was there. 6 7 8 Q. A. Q. But generally speaking -Generally speaking. -- you think that you spoke, more or less, with
9 all of them and came to a decision that y'all were going 10 to try and do this. 11 A. Fair?
I'm not going to say that we came to a There was -- discussion was
12 conclusion at one time.
13 ongoing and ongoing and when each one made up their 14 decision, I wasn't privy to it. 15 Q. Okay. So y'all had meeting or meetings and
16 y'all talked about the concept of changing your voter's 17 registration to the hotel for the purpose of going and 18 voting in this election and each of you made up your own 19 minds about whether or not you were going to do that. 20 Fair? 21 22 A. Q. Fair. Okay. So if I'm understanding right, the night
23 that you came to the hotel and stayed in a room paid for 24 by somebody else was May 7 and then you also stayed over 25 May 8. Is that fair?
6/7/2010
170 1 2 A. Q. Fair. And you said you had just come back from a Where had you been?
3 business trip. 4 5 A. Q.
I had been to Grimes County. Okay. And how long had you been in Grimes
6 County? 7 A. I left out Friday afternoon, went up to
8 northern Grimes County to a client and Saturday spent 9 the day at a state park, being a volunteer. 10 Q. And when you packed up your suitcase to go to
11 Grimes County, where did you pack your suitcase from? 12 13 A. Q. The 27907 Hansons Ct. Okay. So that's where your clothes were, your
14 toiletries, the things that you talk about putting in 15 the suitcase, correct? 16 17 18 19 A. Q. A. Q. Parts of them, yes. I mean...
And you've got pets, correct? Yes. There is pets.
In fact, when I went out and took photographs
20 at your house, you had a couple of dogs that you kindly 21 put in the garage so that there wouldn't be any issue 22 with the dogs when we took the photographs, correct? 23 24 A. Q. Correct. I'm trying to remember, Mr. McDuffee, were
25 there also a couple of cats at your place?

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171 1 2 A. Q. There were two cats. Okay. Now, when you declared the hotel to be
3 your residence and you went and stayed in somebody 4 else's room two nights, you didn't take your pets with 5 you, did you? 6 A. No. My wife was there, my college-age student
7 daughter was home from college, and my younger 8 daughter. 9 Q. And so your wife and your kids continued to
10 reside at 27907 Hansons Ct. and that continued to be 11 what they declared as their residence, but you -- you 12 went and stayed in somebody else's room two nights and 13 called that yours. 14 15 A. Q. Correct. Now, did you vote in any other elections in May Correct?
16 of 2010? 17 A. May 2010, I voted in the Republican party for
18 the runoff elections in the judgeships, the three 19 judgeships, I voted in the RUD district, and I voted in 20 the college. 21 Q. Okay. Did you vote in The Woodlands Township
22 election? 23 A. I believe The Woodlands Township was on there,
24 but I'm not -- I don't remember if I cast a ballot in 25 that or not.

6/7/2010
172 1 Q. Okay. Now, you'll agree with me that your
2 address down here in Hansons Ct. out in Benders Landing 3 Estates, you'll agree with me that that's not within the 4 bounds of the RUD district, correct? 5 6 7 8 A. Q. A. Q. No. That is, you agree it is not. That's right. Okay. It's not in the RUD.
And you agree with me that it is not
9 within the bounds of the township? 10 11 A. Q. No. Okay. I don't know whether the college Is your Hansons Ct.
12 district extends back that way. 13 address in the college district? 14 15 A. Q. Yes. Okay.
Now, I saw that on your -- your exhibit
16 list that some of your colleagues have changed their 17 driver's license address. 18 driver's license address? 19 20 A. Q. I have not done that yet, no. So your driver's license address says 27907 Have you changed your
21 Hansons Ct. on it. 22 23 24 25 A. Q. A. Q. Yes. Do you have a library card? I have a library card for my daughter, yes. Okay. And that address probably says on it
6/7/2010
173 1 27907 Hansons Ct., doesn't it? 2 A. I have to check on that. That could be at
3 Nancy Lane. 4 5 6 Q. A. Q. Okay. Up in Conroe?
Well, it's Oak Ridge North. Okay. But either way, it's not in the Road
7 Utility District. 8 9 10 time? 11 12 A. Q. I have a wellness doctor in Tomball. Okay. Have you told your doctor that you moved A. Q. Not in the road utility. Do you have a doctor that you see from time to
13 from 97 -- or sorry -- 27907 Hansons Ct. to live in the 14 hotel at Six Pines? 15 16 A. Q. No. Do you have a pharmacist that you see from time
17 to time? 18 19 A. Q. A pharmacist in Conroe. Okay. Did you file any kind of change of
20 address with the pharmacist? 21 22 A. Q. No. If I remember right, when I went to your house
23 and I took -- took pictures of your house, you -- you 24 own a washer and a dryer, correct? 25 A. Yes. There is a washer and dryer in the
6/7/2010
174 1 house. 2 Q. You didn't move your washer and dryer, did you?
3 That is, it's still in Hansons Ct., isn't it? 4 A. It's still in Hansons Ct. There is three
5 people still living in that house. 6 Q. Sure. And, in fact, when I went and took
7 photographs of your house, I took photographs of the 8 inside of your pantry. 9 10 A. Q. Yes. Okay. And when you moved to the Six Pines Do you remember that?
11 hotel, or at least when you stayed in somebody else's 12 room for two nights, you didn't clean out your pantry, 13 did you? 14 15 16 17 18 19 A. Q. A. Q. A. Q. No. That's the family's food.
Do you have a vehicle of some kind? I have more than one vehicle, yes. Okay. And what address is it registered to?
Currently it's registered to 27907 Hansons Ct. Okay. And you have not changed that address
20 anywhere else, have you? 21 22 A. Q. Not currently I have not yet, no. Did you file a U.S. income tax return in April
23 of this year, or put it on extension, either one? 24 25 A. Q. The wife filed an income tax return, yes. Okay. And, you know, I guess your income would
6/7/2010
175 1 be on that income tax return as well? 2 A. I do not have enough income to be listed on
3 income tax. 4 Q. Okay. So you did not file an income tax return
5 for this year? 6 7 8 9 A. Q. A. Q. We filed one jointly. Okay. Yes. And what address did you tell the IRS that you All right. And so you signed it.
10 lived at in mid April of this year? 11 12 A. Q. 27907 Hansons Ct. And I take it that you've not changed any of That is, you still
13 the utilities for that house either.
14 have electrical, power, phone, I'm presuming some kind 15 of T.V. or cable, standard utilities, correct? 16 17 yes. 18 Q. So, essentially if I understand your testimony A. Those are my wife's utilities at the house,
19 correctly, when you decided that you were going to run 20 as a candidate in this election, you told the district 21 that your permanent residence address was 97 -- I'm 22 sorry -- 27907 Hansons Ct., correct? 23 24 A. Q. At that moment, yes. All right. And that you met with the other,
25 you know, individuals involved in this lawsuit on your

6/7/2010
176 1 side of the lawsuit and y'all talked about changing your 2 residence address so that y'all could go and vote in 3 this election, correct? 4 5 A. Q. It was discussed, yes. And you went and you filled out a voter's
6 registration card on April 5 of 2010, even though you 7 didn't live in the hotel, correct? 8 9 A. Q. Correct. And up through the date of the election, you
10 know, on May 8, the most you had ever stayed there was, 11 you stayed two nights in somebody else's room. 12 13 A. Q. Correct. You didn't move your furniture, you didn't move Correct?
14 your clothes, other than what was in your one suitcase, 15 correct? 16 A. Well, the -- correction. I have clothes in I had clothes
17 Grimes County at another residence, yes. 18 there. 19 Q.
But I'm saying you didn't move them to the
20 hotel. 21 A. At that time I had not moved all of my
22 belongings out, no. 23 Q. Right. And your pets were still there, your
24 food was still there, pretty much everything was still 25 at Hansons Ct. other than the one suitcase with, you
6/7/2010
177 1 know, a couple of nights clothes and some toiletries at 2 the hotel, correct? 3 4 A. Q. Correct. Your cars are still registered to that address.
5 To the extent you have a library card, it's not 6 registered at the hotel. 7 8 A. Q. No. So, basically, you're basing your declaration
9 that you're a resident at the hotel off of the untrue 10 statement on your voter's registration card and then the 11 fact that you stayed in somebody else's room two nights, 12 the night before the election and the night after the 13 election, correct? 14 15 16 A. Q. Rephrase that. Okay. MR. STILWELL: And I'll ask the court I was distracted.
17 reporter to read that back, if you don't mind, ma'am. 18 COURT REPORTER: "QUESTION: So, basically,
19 you're basing your declaration that you're a resident at 20 the hotel off of the untrue statement on your voter's 21 registration card and then the fact that you stayed in 22 somebody else's room two nights, the night before the 23 election and the night after the election, correct?" 24 A. I don't say that it was illegal because I was I did not register for the
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25 in the transition period.

6/7/2010
178 1 hotel room. 2 Q. I contributed to pay for it. But essentially what you're
(BY MR. STILWELL)
3 telling this Court and Judge Reiter is, the most you 4 stayed there up to the time of the election was not the 5 date that you swore so on your registration card, but 6 two nights in somebody else's room the night before the 7 election, the night after the election, correct? 8 9 10 11 12 BY MR. YOLLICK: 13 Q. Rick, when you filed that tax return with the A. Correct. MR. STILWELL: THE COURT: Pass the witness.
Your witness, sir.
CROSS-EXAMINATION
14 nice folks at the IRS on April the 15th -15 MR. YOLLICK: I'm sorry. You know, can we
16 move this thing, because I can't see that stuff? 17 MR. STILWELL: Sure. No problem. I'll
18 slide it right over here. 19 MR. YOLLICK: I don't mean for it to be in
20 your way either, James. 21 MR. STILWELL: No. It's fine. I think
22 there is room for both of them right here. 23 Q. (BY MR. YOLLICK) When you filed your tax
24 return on April the 15th -- and please listen to my 25 questions carefully -- where did you live?
6/7/2010
179 1 2 3 A. Q. A. On April 15? Yeah. Residence Inn was my -- was where I declared my
4 residence. 5 Q. Right. But where did you actually have your When you and your wife filled out
6 stuff that night?
7 that tax return on April 15, where did you have all of 8 your stuff? 9 10 A. Q. Are we talking about clothing or -Yeah. Clothing, food, pets, knickknacks, where
11 do you have all of that stuff? 12 A. Well, the majority would still have been at
13 27907 Hansons because those are not -- they are the 14 family pets. And the food is the wife and college-age So,
15 student that I was -- that came home from college.
16 I mean, for me to empty the pantry out, where am I going 17 to take it? 18 Q. Okay. On April the 1st, Mr. Stilwell likes to On April the 1st, where
19 talk about April Fools' Day. 20 was most of your stuff? 21 A.
Most of my stuff would have been at 27907
22 Hansons. 23 Q. The day you filed for election to run for
24 office, where was most of your stuff? 25 A. Most of the stuff would still have been at
6/7/2010
180 1 27907 Hansons Ct. 2 3 4 5 hint. 6 7 8 A. Q. A. Q. A. Q. What's today? April -You're a couple of months off. On June 7 -June the -- okay. -- where is most of your stuff? Most of my stuff is either at the Residence Inn I'll give you a
9 or it's up in Grimes County at another residence. 10 Q. All right. Now, was there a point in time when
11 you decided to make your residence the Residence Inn? 12 A. The time was decided to be -- to be able to
13 vote in the district was 30 days prior to the election. 14 So it had to have been -- I had to make it then. 15 Q. I'm not asking you a legal question, Rick. I'm
16 asking you was there a point in time -17 18 A. Q. Yes. -- when you decided to make your residence the
19 Residence Inn? 20 21 22 A. Q. A. Yes. When? I would say May the 7th for sure because I was
23 there. 24 25 Q. A. On May the 7th, where was your residence? Residence Inn.
6/7/2010
181 1 Q. On -- let's take a look at -- do you have the
2 exhibits of the plaintiff in front of you? 3 MR. STILWELL: Is there a particular one
4 that you want him to -5 MR. YOLLICK: Yeah. I'd like for -- I'd I
6 like to look at that voter registration application. 7 mean, I've got it.
I didn't know if you gave a notebook
8 for the witnesses or not. 9 MR. STILWELL: They're all right up here. Here you go, Eric. Great. Okay. Thank you. Let's look at the So where do you
10 I think that's Exhibit 2. 11 12 Q. MR. YOLLICK: (BY MR. YOLLICK)
13 Texas voter registration application. 14 live now? 15 16 A. Q.
9333 Six Pines; The Woodlands, Texas. It's kind of about middle of that document.
17 There you go. 18 Okay. Now, you see in paragraph 9, it
19 says, "I understand that giving false information to 20 procure a voter registration is perjury and a crime 21 under state and federal law." And then it talks about
22 how long you're going to prison and how much you're 23 going to have to pay. 24 And then it says, "please read all three Do you see that?
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25 statements to affirm before signing."

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182 1 2 A. Q. Yes. Okay. The first one is -- and, remember, we're "I am a
3 talking about as of April the 5th, 2010.
4 resident of this county and a U.S. citizen." 5 On April 5, 2010, were you a resident of
6 Montgomery County? 7 8 9 10 A. Q. A. Q. Yes. Were you a U.S. citizen then? Yes. All right. The next one was, "I have not been
11 fully -- I have not been finally convicted of a felony, 12 or if a felon, I have completed all of my punishment, 13 including any term of incarceration, parole, 14 supervision, period of" -- something, I have, 15 something -- "been pardoned. 16 17 Rick? 18 19 20 21 A. Q. A. Q. No. Have you ever had a felony conviction? No. "I have not been determined by a final judgment First of all, are you a convicted felon,
22 of a court exercising probate jurisdiction to be totally 23 mentally incapacitated or partially mentally 24 incapacitated without the right to vote." 25 Has that ever occurred?
6/7/2010
183 1 2 3 4 A. Q. A. Q. No. Are you mentally incapacitated? No. Has a court ever determined that you're either
5 partially or fully mentally incapacitated? 6 7 A. Q. No. By the time that you signed this April 5, 2010
8 voter registration application, was it true or not what 9 you put down? 10 11 A. Q. True. Okay. Then I think you need to explain to
12 Judge Reiter right now why you would put down 9333 Six 13 Pines Drive in Block 3 as opposed to 27907 Hanson Ct. 14 Please explain it. 15 16 narrative. 17 MR. STILWELL: Objection. That calls for a
That's not a direct question. THE COURT: Overruled. Answer the
18 question, please, sir. 19 THE WITNESS: 9333 Six Pines Drive became
20 my residence by choice.
I wanted to be in the district. 27907 Hansons
21 I wanted to be part of this RUD district. 22 Ct. is the mailing address.
I have since that time
23 taken out a Post Office box to have my mail forwarded to 24 there. So I am -- that is my residence as it's stated
25 there, and that's my residence now.

6/7/2010
184 1 The 27907 Hansons Ct. is where my wife and
2 my daughter lives and my college-age student when she's 3 back from college. I have a residence that I have that
4 I can -- I go to in northern Grimes County and I travel 5 a lot. 6 Q. Okay. Let's say for the month of May, Rick,
7 where do you spend most of your time sleeping? 8 9 A. Q. The month of May? And I don't mean sleep that you might do during I mean, sleeping at night, you know, where you
10 the day.
11 lie down for a six- to eight-hour stretch. 12 A. Most of them would have been at 27907 Hansons
13 Ct. in May. 14 Q. All right. How many nights did you spend at May
15 the Residence Inn at 9333 Six Pines Drive in May? 16 8, 2010. 17 A. In May, I'd say ten, 12 times.
You know, I
18 don't keep a log of where I'm sleeping. 19 Q. Now, the Residence Inn, which you understand
20 that's 9333 Six Pines. 21 22 23 24 A. Q. A. Q. Yes. Do you keep any stuff there? Yes. I have. Explain to Judge
What do you keep there?
25 Reiter what you keep there.

6/7/2010
185 1 A. I keep a shaving kit. I keep dress clothes,
2 casual clothes, swimsuit, other things that I would need 3 that I would want to be in the district with, whether I 4 was conducting business or if I was just lounging 5 around. 6 Q. All right. Now, I want to ask you to look
7 at -- well, let's not even look at it. 8 Mr. Stilwell asked you some questions about
9 your homestead designation. 10 11 A. Q. Yes. And I think your homestead designation, at
12 least as of January 1st of this year, still shows the 13 Hanson Ct. address. 14 15 A. Q. Correct. Do you believe -- or do you intend or not to
16 keep your homestead designation at that address? 17 A. Well, right now it's on a piece of property I mean -I
18 that's in my name. 19 Q. Okay.
That's not what I asked you, Rick.
20 asked you whether or not you intend to keep the -21 22 23 24 25 A. Q. A. Q. A. Yes. -- homestead designation at that address. Yes. It's the wife's property.
Do you own that house? No.

6/7/2010
186 1 Q. Well, explain that to Judge Reiter. How can
2 you be married and you not own the house? 3 A. We bought the property from the developer a When it
4 year and a half before we could build on it.
5 came time for a construction loan, the company or the 6 mortgage company we were going through did not want my 7 financials put on it. So only my wife signed all of the When
8 campaign -- all the monies for the construction.
9 it came to close from a construction loan to a final 10 mortgage, the mortgage company insisted because we are a 11 communal state that my name had to appear on that 12 property, on that house, all locked up, every way 13 possible to protect themselves. 14 So the homestead exemption, anything that Either I'll
15 goes on with that property, it's my wife.
16 do it for her or administrate for her, but it's her 17 property. 18 Q. All right. Let me ask you to look at
19 Plaintiffs' Exhibit No. 17. 20 MR. STILWELL: I think the photos are right Is that them
21 there in front of you. 22 sitting right there? 23 24 MR. OWENS:
Go to your right.
That's right.
Thank you.
MR. YOLLICK:
If you'd put those on the
25 Elmo, please, Travis.

6/7/2010
187 1 Q. (BY MR. YOLLICK) All right. Let's look at the
2 first page first. 3 4 5 A. Q. Okay. Is that the house on Hanson Ct.
That appears to be the house on Hanson. There was an inspection of your house. Do you
6 remember that? 7 8 9 10 A. Q. A. Q. Yes. Were you there for it? Yes. And, by the way, was anyone else there from
11 your family during the inspection? 12 13 A. Q. No. All right. Now, do you remember approximately
14 the date of the inspection? 15 A. I can't -- I don't remember the date. I
16 remember it was like -- I believe it was on Tuesday a 17 few weeks back. 18 Q. Okay. So now let me ask you to turn to the
19 next page. 20 21 22 A. Q. A.
Look in that top picture --
Uh-huh. -- is that stuff yours? That's my wife's grandmother's china cabinet
23 that you see in the back of the picture. 24 Q. Okay. What about the dining table? Is that
25 yours or your wife's?

6/7/2010
188 1 A. That's my wife's. She picked that out, the
2 chairs and everything. 3 Q. Okay. If you go down, the piano, do you play
4 the piano? 5 6 A. Q. No, I do not. Is any of the stuff in that photograph your
7 stuff? 8 A. The piano is my daughter's. The black chair The glass
9 and thing is my college-aged daughter's. 10 bookcase is the wife's. 11 12 Q. A.
So is anything in that picture your stuff? I don't see anything that I can -- that I can The glass jars belong to my daughter. Okay. Let's go to the next page. The cross
13 make out. 14 Q.
15 collection, is that your cross collection? 16 17 A. Q. No. Okay. That's my wife's. What about going down below it, the Is any of the stuff in that picture your
18 picture below. 19 stuff? 20 A. No.
That's -- the couch, my wife, and the two
21 chairs and the end table, she bought, and the lamps and 22 all of those things is the things she bought to decorate 23 this house with. 24 Q. Okay. Let's go to the next page, the top
25 photograph.
6/7/2010
189 1 In that photograph, is there anything
2 that's your stuff in that photograph? 3 4 5 6 A. Q. A. Q. No. Okay. The wife -Okay. Let's go to the next one. Okay. Now,
7 here we have a pantry full of food. 8 stuff? 9 A. No.
Is any of that your
That's -- that's all the wife's cooking
10 and store goods. 11 Q. Okay. Let's go to the next page. Looks like a
12 garage or a storage closet. 13 district in that photo. 14 15 A.
Whoa, the red light
What is that picture?
What room?
That would be looking out of the house door
16 into the garage. 17 Q. Okay. And is any of that stuff that's shown in
18 the garage there your stuff? 19 A. No. That's my wife's bicycle on the wall. And
20 that's all I can really make out. 21 MR. YOLLICK:
The dog food maybe.
Your Honor, can I approach
22 the witness because I've got a much better copy of that 23 photo in my book that Mr. Stilwell gave me, actually, 24 than he's using as the original. 25 THE COURT:
Is it all right?
Yes, sir.
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190 1 Q. (BY MR. YOLLICK) Just so you can see it
2 better. 3 4 book? 5 MR. YOLLICK: It's Exhibit 17. It's just THE COURT: Where is that in your exhibit
6 for some reason -- and maybe it's because of the Elmo -7 8 MR. OWENS: MR. YOLLICK: Page 5. -- the way it's reflecting
9 off it, but just my photograph doesn't look so red. 10 THE COURT: That's his Exhibit 17, but you
11 said it's in your exhibit book? 12 MR. YOLLICK: In -- I'm sorry. It is in
13 the exhibit book that I made of Mr. Stilwell's exhibits. 14 THE COURT: Oh, okay. I was looking in Go ahead.
15 your exhibit, but it's not there. 16 Q. (BY MR. YOLLICK)
Is there anything that's your
17 stuff? 18 19 20 21 22 A. Q. No. Let me see that. MR. YOLLICK: THE COURT: May I approach the Court? Yes, you may. See, what I'm saying, it's
MR. YOLLICK:
23 not as red looking and you can actually see what the 24 stuff is. 25 THE COURT:
Great.
Thank you for showing

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191 1 it to me. 2 Q. (BY MR. YOLLICK) Okay. And if you go below,
3 is any of that stuff on the washing machine there or 4 around the washing machine your stuff? 5 6 A. Q. No. Let's go to the next picture. Do you -- is
7 sewing your hobby? 8 9 10 11 12 13 14 15 16 17 A. Q. A. Q. A. Q. A. Q. A. Q. No. Is that your sewing machine? No. That's the wife's sewing machine.
Is anything in that photograph your stuff? No. That's -That looks like it's a bedroom.
Next picture. Uh-huh.
Is anything in that picture your stuff? No. Let's go to the next page. All sorts of
18 toiletries on there. 19 20 21 A. Q. A. No.
Is any of that your stuff?
None of your toiletries are there? No. I think you'll notice those are feminine
22 type toiletries. 23 24 25 Q. A. Q. Okay. No. All right. On below, it looks like it's either
And you don't use feminine toiletries.
6/7/2010
192 1 a medicine cabinet or a bookshelf or something. 2 of that stuff your stuff? 3 4 A. Q. No. Okay. That's -Next page. Rick, do you wear women's Is any
5 clothing? 6 7 A. Q. No. Is any of the clothing in that closet that's
8 depicted on that picture yours? 9 10 11 12 13 A. Q. A. Q. No. Is anything in that closet yours? No. Okay. Next page. Is anything in that bedroom with the white
14 bed and the cool tree paint- -- I like that -- that tree 15 painted there, is that -- anything in that room your 16 stuff? 17 18 A. Q. No. Let's go to the next page. Is anything in that
19 photograph of a bathroom your stuff? 20 21 A. Q. No. Bottom photograph? Is anything in that
22 photograph your stuff? 23 A. That was the office desk that I used when I was
24 in that house. 25 Q. Okay. Why does that look so empty?

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193 1 A. Because since I'm not there -- in a security
2 license, I have to keep all of my forms and things 3 locked up in a closet. So I have -- I cleared the desk
4 off of anything that could be -- cause me to lose the 5 license. 6 Q. Are you in the process of transferring your
7 securities license to another location? 8 A. Well, my actual location is in Arlington, Texas So this is like a
9 as the office I work out of.
10 suboffice, and all of your documents have to be -- my 11 client records and files and stuff have to be kept under 12 lock and key. 13 Q. So -Let's go to the next picture. Is
All right.
14 anything in that closet your stuff? 15 A. Those are the documents and stuff that I have
16 that I have not found a secure place I can secure them 17 in at this time. 18 Q. Okay. Let's go to the next photo. Is any of
19 that your stuff? 20 21 A. Q. No. Next picture. Is any of that stuff, including
22 the treadmill, the big screen T.V., looks like there is 23 some DVDs and books, any of that your stuff? 24 25 A. Q. No. Anything in that photograph your stuff?
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194 1 A. Nothing that I see. You know, college stuff
2 and -- for the daughter. 3 Q. Let's go to the bottom picture. No or yes? I can recognize that room; but, no, that's Is any of that
4 your stuff? 5 A. No.
6 none of my -7 8 9 Q. A. Q. Okay. -- tights. Okay. Let's go to the next photograph.
10 Anything in that picture your stuff? 11 12 A. Q. No. All right. The bottom photograph, is anything
13 in that closet your stuff? 14 15 A. Q. No. All right. Let's go to the next picture. This
16 looks like -- is this the back of your house? 17 18 A. Q. This would be the back of my wife's house, yes. Oh, okay. And I didn't mean to try and lead Let's go to the top again. Is
19 you there.
Now, wait.
20 any of this stuff that's shown there outside the house 21 your stuff? 22 23 A. Q. No. All right. Let's go to the bottom, bottom
24 picture. 25 A.
Is that your cat? No.

6/7/2010
195 1 2 3 Q. A. Q. Whose cat is that? That would be my youngest daughter's cat. Okay. Now, let me ask you to look at our What is Intervenors' 9-A?
4 Exhibit 9 -- okay. 5 6 7 A. Q. A.
That would be the front of my wife's house. Okay. 9-B.
That's some of my daughter's old clothes in the
8 closet. 9 10 11 Q. A. Q. Okay. 9-C.
That I can say is my wife's closet. 9-D -- are the clothes in there her clothes or
12 your clothes? 13 14 15 A. Q. A. Her clothes. 9-D. That would have been the closet that I would --
16 was using prior to moving to 9333 Six Pines. 17 Q. Okay. And when did you take these pictures, by
18 the way? 19 A.
Or did you take these pictures? I -- no. That would have been on the date of
20 the inspection. 21 22 Q. A. Okay. Yes. Because I was following along with the
23 camera, taking -- I did it or Mr. Jenkins, Jim did. 24 25 Q. A. Okay. 9-E. Let's look at that one.
That's looking into the closet, the same -Official Court Reporter - 410th District Court (936) 538-8127
6/7/2010
196 1 same closet. 2 3 4 5 Q. A. Q. A. Okay. No. What is it? That's the back bedroom and my college-aged 9-F. Is any of that your stuff?
6 daughter's stuff that she brought home from campus. 7 8 Q. A. 9-G. That's the same back bedroom with more of the
9 stuff from college. 10 11 12 13 14 15 16 17 18 19 Q. A. Q. A. Q. A. Q. A. Q. Is any of that your stuff? No. 9-H. That's the college-aged daughter's bedroom. Any of that your stuff? No. Is there another one? MR. OWENS: (BY MR. YOLLICK) Two more. Okay. 9-I?
That would be the sink counter that I used when
20 I was living at the house before moving out. 21 22 Q. A. Did it used to have stuff on it? Well, yes. There was a towel, tooth -- a power
23 toothbrush, vitamins and stuff were all over the 24 counter. 25 Q. Okay. 9-J. What is that?
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197 1 A. That is part of the backyard that's kind of a
2 temporary plant section where they -- you plant plants 3 and take plants out and put them in the yard and stuff 4 for decorations. 5 Q. Is any stuff -- is any of the personal property
6 out there yours? 7 A. The only thing that I would say, I would They gave that to me
8 identify as mine is the farm bell. 9 as a present. 10 11 Q. A. The what?
It's the bottom center -- that, black, yes,
12 right there. 13 14 15 16 Q. A. Q. A. Oh, farm bell. Farm bell, yes. Okay. So that's your farm bell.
That's my farm bell that I haven't moved up to
17 the farm. 18 19 Q. Okay. MR. YOLLICK: Your Honor, at this time we
20 offer Exhibits 9-A through 9-J. 21 22 MR. STILWELL: THE COURT: No objection. Intervenors'
Very well.
23 Exhibits 9-A through 9-J will be admitted without 24 objection. 25 You may proceed, sir.
6/7/2010
198 1 Q. (BY MR. YOLLICK) All right. Let me show you
2 Intervenors' Exhibit 23-A. 3 4 MR. YOLLICK: Travis, if you would --
Unfortunately, these are all in black and Wow, that really shows
5 white, or maybe green and white.
6 the disruption of color by the Elmo, Your Honor, because 7 that's a black and white photograph, believe it or not. 8 9 Q. THE COURT: (BY MR. YOLLICK) With a green shirt. All right. Would you please
10 identify that picture? 11 12 13 A. Q. A. That's a picture of myself. Where are you in that picture? I believe I was sitting on the sink counter in
14 the bathroom at 9333 Six Pines. 15 16 Q. A. Do you remember when it was taken? I believe that was last week. I'm not -- I
17 believe that was -18 19 Q. A. And who was the photographer? I think I took that of myself. I was goofing
20 around with my iPhone. 21 22 23 24 25 Q. A. Q. Okay.
That's why it looks so bad.
Let's look at the next one. MR. YOLLICK: MR. OWENS: Travis, what number is that? 23-B. Okay. 23-B, what is that?
(BY MR. YOLLICK)
That's 9333 Six Pines in the, kind of like you

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199 1 would say, the dining room area where you can sit and 2 have food or sit around and visit with folks. 3 Q. Okay. Who is the guy in the baseball cap in
4 the foreground? 5 A. That's Mr. -- well, that's Pete Goeddertz, not
6 dressed up. 7 8 Q. A. And who are the children sitting next to Pete? I did not meet those, but that was Jim Jenkins' They were out for the day.
9 grandkids. 10 11 12 Q. A. Q.
And is that Jim standing next to them? That's Jim leaning over them. Okay. Yes.
Sitting on the opposite side of the
13 table, who is that? 14 15 16 17 18 19 20 21 22 A. Q. A. Q. A. Q. A. Q. A. That would be Tom Curry. What -- did you actually take this photograph? Yes. I took this picture.
What time of day was it? It was morning. What day of the week was it? That was Memorial Day. Okay. It was Memorial Day weekend, and there was a So... I believe that was --
23 lot of stuff going on, people coming and going. 24 25 Day?

Q.
So were you at the Residence Inn on Memorial
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200 1 2 THE COURT: Excuse me, sir. Yes, sir. So
MR. STILWELL:
Objection; relevance.
3 far all of these pictures in this stream were taken well 4 after the date of the election, and the question 5 that's -- the key question before this case is, were 6 they a resident when they filed their voter's 7 registration cards and swore so and were they a resident 8 on the day of the election. 9 Day is of no consequence. 10 MR. YOLLICK: Well, Your Honor, the key What happened over Memorial
11 question really is, where was your domicile on May the 12 8th, 2010. And what these photographs show -- and I
13 think that what Mr. McDuffee has already said is, is 14 that there basically was sort of a gradation where he 15 was moving towards the -- he was moving into the 16 Residence Inn. I think that this certainly is probative
17 of the fact that he moved in. 18 19 Q. THE COURT: (BY MR. YOLLICK) Very well. All right. Overruled. Next picture.
20 20- -21 22 23 24 Q. A. MR. YOLLICK: MR. OWENS: (BY MR. YOLLICK) Is it 23-C, Travis? That is correct. Okay. What is 23-C?
That's the spa at the Residence -- at the
25 Residence Inn, 9333 Six Pines.

6/7/2010
201 1 2 Q. A. Why did you take a picture of it? I was sitting out there one day and just
3 thought it was kind of a neat looking spa and -- with a 4 digital camera. 5 6 Q. A. Do you once in a while use a spa? Yes. That's what I said. I believe I
7 testified that some of the clothes I have there is a 8 pair of swimsuits, swim trunks. 9 10 Q. A. And have you used this spa? I have not used that spa yet, no, because many
11 times I'm there, it's too late and... 12 13 MR. STILWELL: MR. YOLLICK: Objection; relevance. Let's move on. There was not
14 a pending question, but I'm going to move on anyway. 15 16 17 Q. A. THE COURT: (BY MR. YOLLICK) Let's move on. All right. What is 23-D?
That would have been with the first picture
18 that was -- you could tell I was holding my cell phone 19 there, taking a picture; and near behind -- using the 20 mirror behind me in front of me to get that image of 21 myself. 22 23 it? 24 A. Yes. That's the room. That's the bathroom Q. Is that a room at the Residence Inn or what is
25 sink and that's the mirror on the bathroom door

6/7/2010
202 1 reflecting back, so we are taking a picture of myself. 2 You can see the closet is open and the iron and some 3 clothes are hanging in the closet there. 4 Q. And all the stuff on the counter, is that the
5 stuff that the Residence Inn provided you or how did you 6 get that stuff? 7 A. The part on my -- to the left of me is what The shaving kit and stuff are on my back
8 they provide.
9 side there, in that back corner of the sink. 10 11 12 13 14 15 Q. A. Q. A. Q. Okay. Do you know when you took this picture?
I'm going to -- I should have dated it. If you don't know, let's move on. I don't. 23. MR. STILWELL: Your Honor, we've got lots
16 of testimony about documents that have not been admitted 17 in evidence and I think that's not proper and so I'm 18 objecting to the continuing showing and referring to 19 documents that haven't been offered or admitted. 20 THE COURT: The objection is testifying
21 from documents not in evidence. 22 MR. YOLLICK: Your Honor, I'm trying to
23 authenticate them so that -- I mean, if the Court -- in 24 fact, I can clear that up right now. 25 THE COURT:
Do it.
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203 1 Q. (BY MR. YOLLICK) All the photographs that are
2 Exhibit 23, did you take them? 3 4 A. Q. Yes. Are they pictures either of you or of the
5 Residence Inn? 6 7 A. Q. Yes. Are they true and correct copies of the photos
8 you took? 9 10 A. Yes. MR. YOLLICK: Your Honor, I offer all of
11 the photos that are Exhibit 23. 12 13 14 BY MR. STILWELL: 15 16 17 yes. 18 MR. STILWELL: Objection; relevancy. None Q. A. Were all of these pictures taken after May 8? I'm going to say they were after May the 8th, MR. STILWELL: One question on voir dire?
VOIR DIRE EXAMINATION
19 of these pictures and nothing depicted in them could 20 have any bearing whatsoever on residency on the date of 21 the signing of the voters election or voter's 22 registration card or the date of the election. 23 THE COURT: We have a relevancy objection.
24 And what would be the relevancy of these photographs 25 taken 22 days after the election?
6/7/2010
204 1 MR. YOLLICK: I think it is indicia of his
2 intent as of the date of the election. 3 THE COURT: Your objection is overruled.
4 It will be admitted. 5 6 You may proceed, sir. CROSS-EXAMINATION CONTINUED
7 BY MR. YOLLICK: 8 Q. Okay. Let's real quickly go through this
9 because, quite frankly, it's kind of boring. 10 11 12 13 14 15 16 A. Q. A. Q. A. Q. A. It's long. Okay. Yes.
Is that a picture of Peter Goeddertz?
Pete Goeddertz. Where is he? He's in the courtyard area of 9333 Six Pines. Okay. Next picture, what is it?
That's the same little patio setting with Tom We were having a meeting out
17 Curry and Pete Goeddertz. 18 there one morning. 19 Q. Okay.
And do y'all -- or do you have breakfast
20 there? 21 22 A. Q. Yes. How often do you have breakfast at the
23 Residence Inn? 24 A. I'd say three to four days out of a week. It's
25 just very convenient to be there.

6/7/2010
205 1 2 3 Q. A. Q. Is it a good breakfast? Oh, it's a great breakfast. Okay. Next. Is that a picture just of you
4 sitting in the cafe? 5 6 7 A. Q. A. That's me sitting in the cafe, reading. Next picture. What's that a picture of?
That's a picture of Jim and the Allison
8 brothers, and we're -- looked like we finished up 9 breakfast. 10 Q. I see the coffee cup.
When you have breakfast at the Residence Inn,
11 do you run into the Allison brothers? 12 13 14 15 A. Q. A. Q. Yes. Are they there almost every morning? Every time I'm there, they're there. Okay. What about Jim? Yes.
Is -- Jim Jenkins, is
16 he there almost every morning for breakfast? 17 18 19 20 again? 21 A. Yeah. I mean, we finished up breakfast; and A. Q. Yes, unless I'm running late or something. Okay. Next picture. Okay. Next picture.
Is that y'all having breakfast
22 we're sitting around with coffee. 23 24 Q. A. Next picture. What is that a picture of?
That's a picture of -- we had a meeting up in Jim and Pete and I

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25 Peter Goeddertz's room one night.

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206 1 went up there and had a meeting in his room at the 2 Residence Inn. 3 Q. Okay. We haven't talk about Pete Goeddertz.
4 Do you know whether or not he stays at the Residence Inn 5 to sleep on a regular basis? 6 7 A. As far as I know, yes. MR. STILWELL: Objection. Vague and
8 ambiguous as to timing, when. 9 Q. (BY MR. YOLLICK) Well, all right. Do you know
10 whether or not Pete Goeddertz sleeps at the Residence 11 Inn at least a few nights a week? 12 MR. STILWELL: Objection. Starting when?
13 When are we talking about? 14 15 16 17 18 19 of? 20 A. That was basically Jim taking a picture of Pete Q. A. Q. A. Q. (BY MR. YOLLICK) Yes. And does he? Yes. Okay. Next picture. What is that a picture Oh, starting early May.
21 and I sitting there finishing our meeting. 22 23 24 A. Q. Okay. All right. Next picture.
What is that a picture of? I took a picture out the window of Pete's room
25 because it was kind of neat seeing the tennis court and

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207 1 the parking lot. 2 3 4 knee. 5 Q. Okay. Have any of the intervenors ever played Q. A. Have you ever played tennis out there? I have never played tennis. I've got a bad
6 tennis out there? 7 A. I know that Tom Curry and Pete Goeddertz and
8 several of them, I was leaving -- I had an appointment 9 to go to, and they were out on the basketball court 10 playing basketball. 11 12 Q. A. Is that connected to the tennis court? Well, this room overlooked it; but, yeah, it's
13 right on the front edge of the property towards Six 14 Pines. 15 Q. Okay. Have you seen Tom Curry use the
16 basketball court more than once, let's say during the 17 month of May? 18 A. The one time I know I saw him because I was The
19 having to leave, like I said, for an appointment. 20 other times -- my room is on the other side of the 21 house -- of the apartments. 22 23 of? 24 A. That's basically a get-together. Q. Okay. Next picture.
What is that a picture
We were all
25 down for breakfast and sitting around talking, papers -Robin Cooksey, CSR, RMR Official Court Reporter - 410th District Court (936) 538-8127
6/7/2010
208 1 reading papers and discussing stuff. 2 3 Q. A. When? That was probably last week. We were getting
4 together and having pow-wows and talking. 5 6 7 8 9 Q. A. Q. A. Okay. Next picture.
I think we already saw that one. MR. YOLLICK: (BY MR. YOLLICK) Move on, Travis. What's that a picture of?
That was a picture on the date of the That was of his
10 inspection of Adrian Heath's house. 11 bathroom, master bathroom. 12 13 14 15 of? 16 A. That one, I cannot identify. Q. A. Q.
Oh, that's Adrian Heath's master bathroom? Yes. Okay. Next picture. What is that a picture
And if I say
17 anything, I would just be totally guessing. 18 Q. All right. I want to ask you, can you tell us
19 very briefly, very briefly, your background. 20 A. My background? Fourteen years ago I met
21 approximately I came to Montgomery County. 22 Mr. Jim Jenkins, got involved with the RLC. 23 24 Q. A. What's the RLC?
It was a basically a group of people who wanted
25 to open up government, be more responsive to the voters.

6/7/2010
209 1 The Republican leadership was not really doing their 2 job. I was asked for and ran for a precinct chair. I
3 won my precinct chair that year, went to the county 4 election and our precinct and then went to the state 5 convention for the Republican party first time ever. 6 MR. STILWELL: Objection, Your Honor.
7 Non-responsive. 8 9 answer format. 10 11 Q.
The question is, what's the RLC? Let's proceed in question and
THE COURT:
Ask another question, please, sir. (BY MR. YOLLICK) Okay. Are you very
12 politically active now? 13 A. I am, since I've moved back to the county three
14 years ago, been very much more active in the county. 15 16 Q. A. Let me just -- and what do you do for a living? I'm in financing, security, other licenses,
17 other things that -- licensed to do in the state of 18 Texas. 19 Q. Do you provide financial advice and planning to
20 individuals and businesses? 21 22 out. A. I can do -- I want to take the word "planning"
I can set up an individual family, a debt To be
23 reduction plan, show them how to get out of debt.
24 a planner, you've actually got to have another license 25 that I do not have.
6/7/2010
210 1 Q. Okay. Is The Woodlands Road Utility District,
2 at least as far as you know, a governmental entity? 3 4 5 6 7 A. Q. A. Q. A. Yes. Is it a subdivision of the state of Texas? Subdivision of the state of Texas. Does Mike Page work for them as their attorney? That I would know because of correspondence I
8 received for the RUD meeting that I went to at 24 9 Riverway Tower. 10 Q. By the way, going back to the Residence Inn for
11 a minute, do you ever receive mail there? 12 13 A. Q. Yes. I have -- I receive mail there.
Let me show you what's been marked as Exhibit
14 No. -15 16 17 18 19 20 21 22 Q. A. Q. A. Q. A. MR. YOLLICK: MR. OWENS: (BY MR. YOLLICK) Yes, sir. What is Exhibit No. 24? Yes. What is Exhibit No. 24? What is Exhibit 24? It's a piece of mail that Travis, number? 24. 24.
23 was mailed to me from the Schwartz, Page & Harding, LLP, 24 Post Oak Boulevard, Houston, Texas, to Richard McDuffee, 25 9333 Six Pines Drive, The Woodlands, Texas.
6/7/2010
211 1 Q. And is that a -- is that law firm the law firm
2 where Mike Page is a partner? 3 4 A. Yes. MR. YOLLICK: Your Honor, at this time we
5 offer Intervenors' Exhibit No. 24. 6 7 MR. STILWELL: THE COURT: No objection. Exhibit 24 will be
Very well.
8 admitted without objection. 9 Q. (BY MR. YOLLICK) All right. We were talking a
10 little bit about your background. 11 married -- you are married. 12 13 14 15 A. Q. A. Q. I am married. Are you happily married?
Now, are you a
Thirty years, I hope we're happily married. Well, so, then, I guess my question is, why do
16 you claim to have a different residence than your wife? 17 A. To become more active, take an active part in Two years ago, we became very active with I personally
18 this county.
19 the current District Attorney's election.
20 volunteered three weeks of my time campaigning for 21 that -- for Brett Ligon. This last election I was also
22 campaigning for another elected official. 23 During that interim, after Michael McDougal
24 was defeated for District Attorney, it became very 25 evident that monies were being taken out of the asset
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212 1 forfeiture checkbook that were not for -2 3 Q. A. That's way off. Anyway, Jim and I -- Jim and I became very
4 active and went to Austin to John Whitmire's Senate 5 hearing on asset forfeiture checkbook, and I personally 6 drove there. 7 MR. STILWELL: Objection, Your Honor. This
8 is not responsive to the question that was asked. 9 THE COURT: Very well. Let's proceed in
10 question and answer format, please. 11 Q. (BY MR. YOLLICK) Okay. Now, Rick, are you
12 active in other political matters in Montgomery County? 13 14 A. Q. Yes. And at some point did you become interested in
15 The Woodlands Road Utility District No. 1 in Montgomery 16 County, Texas? 17 18 A. Q. Yes. I'm going to call it the RUD. Do you
19 understand that? 20 21 A. Q. Yes. All right. Now, can you explain to Judge
22 Reiter when is it that you first became interested in 23 the RUD? 24 A. It would have been late March, early April when
25 Adrian Heath forwarded me an E-mail to a watchdog

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213 1 publication on the Internet; and I read extensively on 2 that -- on the RUD. 3 went around things. 4 5 6 sorry. Q. Okay. So now my next -MR. STILWELL: Objection, Your Honor. I'm I saw the detailed map of how it
Move to strike that answer because he's
7 referring to matters not in evidence. 8 9 MR. YOLLICK: THE COURT: Your Honor, I don't -Well, that was his testimony.
10 It got into evidence when he -- I mean, what am I 11 missing? 12 MR. STILWELL: He's referring to documents
13 that have not been offered or admitted into evidence. 14 MR. YOLLICK: Your Honor, I don't even
15 think his answer was responsive, so I don't even oppose 16 the motion to strike. 17 THE COURT: All right. Let's -- and, of We
18 course, that's one of the problems we always have. 19 lawyers kind of think in a particular fashion and
20 sometimes the lay don't think -- have been known not to 21 think quite as lawyers do, and I know that's a shocking 22 concept. But if you'll just try to answer the question
23 you're asked; and then if they want something else, 24 they'll ask another question. 25 You may proceed, please, sir.
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214 1 2 Q. MR. YOLLICK: (BY MR. YOLLICK) Thank you, Your Honor. By the way, does the
3 Residence Inn have a washer and dryer there available 4 for use by y'all? 5 6 A. Q. There is one there for a cost. Okay. Now, with respect to The Woodlands Road
7 Utility District, so in early -- you said in early April 8 is when you became interested in it. Can you briefly
9 tell Judge Reiter -- and I don't want you to start 10 talking about documents or anything like that -- just 11 tell Judge Reiter why you are so interested in the Road 12 Utility District. 13 MR. STILWELL: Your Honor, that calls for a
14 narrative answer. 15 16 question. 17 A.
It's not a proper question. Overruled. You may answer the
THE COURT:
I became very interested in it when it was --
18 became evident that from the founding of the RUD in 19 1991, there was no more elections. And since they are a
20 subdivision in the state of Texas and they have elected 21 board members, I was -- it put up red flags of why has 22 this district never had an election in all these years. 23 The price tag I saw was between somewhere north of $65 24 million in bond debt. 25 Q. (BY MR. YOLLICK) Okay. And do you know or at
(936) 538-8127
6/7/2010
215 1 least do you have a belief as to whether or not the Road 2 Utility District charges property taxes? 3 A. Yes. I have a belief that there is a very
4 substantial rate of any piece of property that's in the 5 district that they pay additional tax to the RUD -- to 6 the RUD. 7 Q. Okay. Now, you don't own any property in the
8 Road Utility District, do you? 9 10 A. Q. No. Then why would you care if the businesses in
11 the Road Utility District are paying tax -- taxes, even 12 high taxes? 13 A. We shop, go to the movie, go grocery shopping,
14 products for the house, anything else we buy in the RUD 15 district and we're paying the tax. 16 Q. Now -- so at some point, then, did you decide
17 to do something about your beliefs in the Road Utility 18 District? 19 20 21 A. Q. A. Yes. And what did you decide to do? I decided that I wanted to run to be on the
22 board to open it up to see what's going on for the 23 public, not for myself. There is no financial gain or
24 anything that I'm looking for or would get out of 25 anything out of the RUD district.
What's going on
(936) 538-8127
6/7/2010
216 1 there? Who gets the contracts? I will jump ahead, and
2 this may not be proper. 3 4 5 Q. A. Q. No. Okay. Other than running for the board, did you Don't jump ahead.
6 decide to do anything else with respect to the Road 7 Utility District? 8 9 A. No. MR. STILWELL: Objection, Your Honor. This
10 is not relevant to the question of did he reside there 11 or not? 12 It's simply not relevant. THE COURT: It seems, to me, that this is a
13 little off the point. 14
Do you think it is on point? Your Honor, I'll be more
MR. YOLLICK:
15 specific and I think it will be clear why it's on point. 16 17 Q. THE COURT: (BY MR. YOLLICK) All right. Thank you, sir.
Did you decide to move into
18 the territory of the Road Utility District? 19 20 21 A. Q. A. Yes. Why? To be part of the RUD district, to be able to
22 be on the board, to vote for a change. 23 Q. Are you actually asking Judge Reiter to believe
24 that you would move your home to this district just so 25 that you could vote in one election?
6/7/2010
217 1 A. I thought it was needed to be done for the Yes. I was willing to
2 residents of Montgomery County. 3 do that, and I did do it. 4 Q. Okay.
Well, now, let's talk about that for a
5 minute. 6 this? 7 8 9 10 A. Q. A. Q.
First of all, did someone twist your arm to do
No. Did you do it voluntarily or not? I did it voluntarily. Have you, since your decision to move -- and I
11 think you said it was in early April of 2010 -- since 12 your decision to move to the confines of the Road 13 Utility District, have you had a bodily presence there 14 on more than one occasion? 15 16 17 May. 18 April? 19 A. I do not believe I did. I cannot -- because A. Q. Yes. I think you said 12 nights approximately in
Did you have any nights that you spent there in
20 I'm on the road and I'm in different locations, so I'd 21 rather not give a yes or no to that answer -- to that 22 question. 23 Q. Okay. Now, can you explain, then, what, as of
24 April 5, 2010, was your intention with respect to where 25 your primary residence was going to be?
6/7/2010
218 1 2 3 A. Q. A. At 9333 Six Pines in the district. Who were your closest friends? Pete Goeddertz, Jim Jenkins, Bill Berntsen, Tom The two that I
4 Curry, Adrian Heath are my closest ones.
5 have come to admire and enjoy is Ben and his brother 6 Robert. 7 8 9 Relevance. 10 11 Q. THE COURT: (BY MR. YOLLICK) Sustained. When you want to be with your Q. Do you spend a lot of time with your friends? MR. STILWELL: Objection, Your Honor.
12 friends, where do you go? 13 14 Relevance. 15 MR. YOLLICK: Well, it's relevant if you -MR. STILWELL: Objection, Your Honor.
16 depending on what the answer is. 17 18 objection. THE COURT: I'm going to overrule that
It deals with where he goes, which I suspect
19 is going to end up at the Residence Inn. 20 MR. STILWELL: But, Your Honor, the
21 question is not today.
The question is not, you know --
22 the key question for this is residence when they signed 23 the voter's registration application in order to be a 24 properly qualified voter and on the day of the election. 25 What they do today and where they go today has no
6/7/2010
219 1 relevance whatsoever. 2 THE COURT: Not necessarily. Your position
3 is that they moved into the Residence Inn for two or 4 three days to vote in the election. The response is,
5 no, we go there quite a bit, not just those two days for 6 the election. 7 8 I suspect that's your position. MR. YOLLICK: THE COURT: That's right. So, therefore, he's entitled to
9 put on some evidence of when they have been there 10 afterwards. It may or may not meet the requirements of
11 the Election Code Section 1.015, but we'll find out 12 about that. 13 Q. (BY MR. YOLLICK) So my last question to you
14 is, as of May 8, 2010, where did you go to meet with 15 your friends? 16 17 18 19 20 21 22 A. 9333 Six Pines. MR. YOLLICK: THE COURT: Pass the witness. Your witness, sir. I'm sorry, Your Honor?
You ready to go forward? Yes, Your Honor. And we'll work on I didn't tell
All right.
23 for about another 35 minutes until 5:00.
24 y'all at the outset; but it's been my practice, unless 25 y'all want to do it differently, to start at 9:00, take
6/7/2010
220 1 a mid morning break, take an hour and a half for lunch, 2 mid afternoon break, and quit at 5:00. 3 My recollection is, that's hard physical as
4 well as intellectual labor out there, and so 9:00 to 5 5:00 is pretty much all you need to do. 6 later. 7 8 They pay me until midnight. So anyhow, are you ready to proceed? MR. STILWELL: I am. And I do have some But I can work
9 more questions for this witness. 10 11 THE COURT: Very good. If we finish before 5:00
MR. STILWELL:
12 o'clock with this witness, I'm happy to call another 13 one, whatever Your Honor's preference is. 14 15 move on. 16 17 18 BY MR. STILWELL: 19 Q. Now, Mr. McDuffee, if I heard you correct, you MR. STILWELL: Okay. THE COURT: You're very gracious. You may
REDIRECT EXAMINATION
20 said that the reason that you changed your address from 21 Hansons Ct. over here in the Benders Landing Estates to 22 9333 Six Pines was you wanted to get more active in 23 Montgomery County politics. 24 say? 25 A. Yes.
Is that what I heard you
6/7/2010
221 1 Q. Okay. But isn't your Hansons Ct. address, the
2 27907 Hansons Ct., isn't that in Montgomery County? 3 4 A. Q. It's in Montgomery County, yes. Okay. When you styled your candidate
5 application, you declared to the district, the Road 6 Utility District, that your permanent residence address 7 was the Hansons Ct. address, right? 8 9 A. Q. I thought that said the mailing address. In fact, let's take another look at it just to Okay, sir? Exhibit 28. I'm sorry.
10 be sure. 11 A.
Oh, you said for the district.
12 You're correct.
At the time of registering for the
13 district, 27907 Hansons Ct. was the permanent address at 14 that moment. 15 Q. And, you know, just to be perfectly clear,
16 permanent residence address. 17 18 A. Q. Yes. Okay. And that's what you signed and swore in
19 front of a notary, correct? 20 21 22 A. Q. Correct. All right. THE COURT: May I see that exhibit, please?
23 Sometimes it helps for a judge to see those facts. 24 25 Absolutely.

MR. STILWELL:
Certainly, Your Honor.
6/7/2010
222 1 THE COURT: I don't want to get confused by
2 them; but go ahead, please, sir. 3 4 Q. MR. STILWELL: (BY MR. STILWELL) Fair enough. Now, you have from time to
5 time called the house at 27907 Hansons Ct. your wife's 6 house, right? 7 8 A. Q. Correct. Now, when I showed you that deed earlier, your
9 name is on that deed as well, isn't it? 10 11 12 13 A. Q. A. Q. And I explained why it was there. And your name is on the mortgage. That's -So your name is on the mortgage and on the deed Yes, sir.
14 and you've declared it in several places as your 15 permanent residence address, correct? 16 17 A. Q. That's correct, when we moved. Now, again, I want to be clear on certain You filled out that voter's registration card on And just a mere, call it ten days after
18 dates.
19 April 5, right?
20 that, you filed your tax return, right? 21 A. My -- if the wife filed an extension, you'd
22 have to ask her. 23 Q. But you declared on your tax return that your
24 residence address -- that your address for your tax 25 return was Hansons Ct., correct?
6/7/2010
223 1 2 year. 3 Q. But you told the voter registrar that your Which one were you lying on, A. Yes. That's where we've been for the previous
4 address was the hotel.
5 your tax return or on the registration application? 6 A. Correct me if I'm wrong, but the tax return is
7 for the previous year taxes. 8 9 10 Q. A. Q. My question was, which one were you lying on? Why do we call it lying? Let's move on. I mean...
You -- you identified that you
11 still have your driver's license there, your car 12 registration, your library registration. 13 tell your doctor you moved. 14 pharmacist you moved. You didn't
You didn't tell your
Quite frankly, on most of your
15 important things in your life, Hansons Road is your 16 address, isn't that correct, sir? 17 18 19 A. Q. A. Hansons Ct. Hansons Ct. I'm sorry. Correct? I already set up
I see my doctor once a year.
20 the appointment for next year. 21 a regular basis. 22 on my cell phone. 23 Q.
I don't see my doctor on
The pharmacist, I call the pharmacist
But, sir, my question was, you didn't tell
24 anybody, any of those important people, that you changed 25 your address, did you?
6/7/2010
224 1 A. Why would my pharmacist want to know where my
2 address is? 3 MR. STILWELL: Objection; non-responsive.
4 He didn't answer -5 THE COURT: Can you just answer his It may help expedite things just
6 question, please, sir? 7 a little. 8 9 A. Q.
I never told the pharmacist, no. (BY MR. STILWELL) Okay. And, quite frankly,
10 when you were going through the photographs with 11 Mr. Yollick, your attorney, you, in fact, identified 12 that a matter that was very important to you, the 13 securities papers that you have, you keep in a locked 14 closet at the 27907 Hansons Ct. address, correct? 15 16 A. Q. Correct. You haven't moved those to the Residence Inn,
17 have you? 18 A. Most of them I've been able to destroy because
19 they were out of date. 20 21 22 Q. A. Q. That wasn't my question, sir. I didn't move them. They're irrelevant.
They were important papers and so important
23 that you locked them up, correct? 24 25 A. Q. That's required by SEC. Right. And my point is, you didn't move them
6/7/2010
225 1 to the Residence Inn, did you? 2 3 4 5 with that? 6 7 8 answer. 9 Q. MR. YOLLICK: THE COURT: Not at all. Well, his question is his A. I don't have a safe at the Residence Inn. MR. YOLLICK: THE COURT: Objection; non-responsive. Don't you feel a little awkward
I'll let it go to that. (BY MR. STILWELL) Okay. And you also haven't
10 changed any kind of homestead designation, correct? 11 12 A. Q. I'm not aware if my wife has. And, in fact, your testimony to Mr. Yollick was
13 most nights in May, you slept at 27907 Hansons Ct., 14 correct? 15 A. No. I said the amount of nights I spent at the
16 Residence Inn, I split them between Hansons Ct., Grimes 17 County, and I've been to Fort Worth on business. 18 19 20 witness. 21 22 23 24 Mr. McDuffee. 25 Mr. Stilwell, your next witness, sir?
Q.
Okay.
Fair enough. MR. STILWELL: Your Honor, I pass the
THE COURT: MR. YOLLICK: THE COURT:
Any further cross? No. Thank you. You may step down,
6/7/2010
226 1 2 Jenkins. 3 THE COURT: If you'd be kind enough, sir, MR. STILWELL: I call Mr. James or Jim
4 to come forward and be sworn. 5 6 7 stand, sir. 8 9 the witness? 10 11 12 THE COURT: You may proceed, sir. May I approach the witness? MR. STILWELL: Your Honor, may I approach (WITNESS SWORN.) THE COURT: Please be seated in the witness
Well, if it's okay with him,
13 it's okay with me. 14 15 16 sir. 17 JAMES JENKINS, THE WITNESS: MR. STILWELL: That's all right. Fair enough. Thank you,
18 having been first duly sworn, testified as follows: 19 20 BY MR. STILWELL: 21 Q. And, Mr. Jenkins, I'm going to hand this to you DIRECT EXAMINATION
22 before I put it on the illustrator here, because it is a 23 rough copy. 24 25 A. But do you recognize that document? Yes, I do.
6/7/2010
227 1 2 3 Pond. 4 Q. Which is the address that we've been talking Q. A. And can you just briefly describe what it is? It's a homestead exemption for 16 Pastoral
5 about in the south part of the Woodlands where you and 6 your wife live? 7 8 A. Q. Yes. And, in fact, this was your homestead
9 designation all the way back to 1993, correct? 10 11 A. Q. Yes, sir. And it contains your signature and your wife's
12 signature at the bottom of the document. 13 14 A. Q. It does. And you have not changed that homestead
15 designation at any point in time since then, have you? 16 17 A. Q. I have not. And, sir, the deed records for your house have I can pull them out
18 already been admitted in evidence.
19 if you need me to look at them, but would you agree with 20 me that the deed records for 16 Pastoral Pond has your 21 name on the deed? 22 23 24 25 again?
A. Q.
I'm sure it does. Okay. And then if we could -MR. STILWELL: Your Honor, may I approach
6/7/2010
228 1 2 Q. THE COURT: Yes, you may. I'm going to show you your
(BY MR. STILWELL)
3 voter's registration card and your voter's registration 4 history, and it's just going to take me a brief moment 5 to go through all of them to get to the right one. 6 Okay. Now I'll show it to you and then
7 I'll put it on the illustrator, but just so you can take 8 a look at it first. And it should show up on that I need to zoom out a
9 monitor when I put it down here. 10 little bit. 11 12 monitor, sir? 13 14 A. Q. I can. Okay. Okay. Okay.
Can you see that okay on your
This was your voter's registration card
15 for Montgomery County; and, again, you signed on or 16 around the date of April 5, 2010, correct? 17 18 A. Q. That's correct. And you said on here that your residence
19 address was Six Pines Drive, correct? 20 21 A. Q. Yes. And that your mailing address was Pastoral Pond
22 Circle, correct? 23 24 A. Q. Yes. Now, do you recall where you had registered to
25 vote prior to that?

6/7/2010
229 1 2 A. Q. At 16 Pastoral Pond Circle. And do you recall how long you had had that as
3 your registered voting address? 4 5 A. Q. Probably close to 20 years. And, in fact, if we look at the next
6 document -- boy, that's tough to read -- do you 7 recognize that? 8 9 please. 10 11 A. A long time ago. THE COURT: Please proceed, Mr. Stilwell. THE COURT: Bear with me just a moment,
12 I'm sorry to have interrupted you, sir. 13 14 Honor. 15 Q. (BY MR. STILWELL) I moved to your former MR. STILWELL: No problem at all, Your
16 voter's registration address, correct? 17 18 A. Q. Yes. And, in fact, I think your testimony was that
19 you had been registered at 16 Pastoral Pond Circle for 20 approximately 20 years, correct? 21 22 A. Q. That's correct. Right. Eighteen.
And this appears to be a true and
23 correct copy of your voter's registration prior to the 24 point in time where you changed to Six Pines Drive, 25 correct?
6/7/2010
230 1 2 A. Q. Yes. Now, Mr. Jenkins, I want to go back to the most
3 current; and this is the most current voter's 4 registration application, isn't it? 5 6 A. Q. Yes, it is. Okay. And, again, you -- you signed it again
7 under penalty of perjury because you didn't give any 8 false information on it, did you? 9 10 A. Q. No. Okay. And you signed it on or around April 5,
11 2010, correct? 12 13 A. Q. That's correct. So if I was going to update my chart over here,
14 I would put your name, James Jenkins; and I would put 15 4-5-10 on it, correct? 16 17 A. Q. That's fine. Because that's the date you signed that voter's And I'm sorry. Do you go by
18 registration card, right? 19 Jim or James? 20 21 A. Q. I go by Jim. Okay.
As a James, I understand that either
22 way, and I just didn't want to mispronounce your name 23 because I know people feel strongly about that. 24 25 A. Q. I don't. Okay. Mr. Jenkins, I'll put it down as Jim.
6/7/2010
231 1 Now, Mr. Jenkins, we have from time to time
2 pulled out for the Court to look at and for some of the 3 witnesses to look at the subpoenaed records, the 4 business records of the Residence Inn hotel; that is, 5 that hotel at 9333 Six Pines Drive. 6 chance to look at those? 7 8 A. Q. No, I haven't. Okay. But I guess you're generally familiar Have you had a
9 with, you know, when you've stayed there and when you 10 haven't, generally speaking? 11 12 A. Q. I am. And on April 5, 2010, did you stay at the
13 Residence Inn hotel? 14 15 A. Q. No. Okay. In January of 2010, at any point in time
16 did you stay at the hotel? 17 18 A. Q. No. In February of 2010, at any point in time did
19 you stay at the hotel? 20 21 A. Q. No. In March of 2010, at any point in time did you
22 stay at the hotel? 23 24 A. Q. No. Okay. In April of 2010, up to April 5, 2010,
25 the date that you swore to the voter registrar that you
6/7/2010
232 1 resided at 9333 Six Pines, at any point in time in April 2 up to that date, had you stayed at the Residence Inn 3 hotel? 4 5 6 7 8 A. Q. A. Q. A. If by staying you mean spending the night? Absolutely. No. But I -- but I had been there many times.
Hadn't paid for a room. I might have paid for it by that time. I had,
9 you know, reserved a room in advance. 10 Q. In fact, let's look at those records, if you
11 don't mind. 12 13 A. Q. Um-hmm. And this is Plaintiffs' Exhibit 2 that I'm Okay, sir? And these were all
14 going to show you.
15 documents and room notes reflecting, evidencing, or 16 relating to guest registrations in 2010, so any time in 17 2010 for the Residence Inn hotel. 18 here. 19 And I'll put them up
You should be able to see them on the monitor. The first page that the Residence Inn
20 brought back -- and I'm going to zoom in for it -- says 21 "James Jenkins" and has your Worldwide Microsystems 22 address on there, and shows a date of May 7, 2010, the 23 night before the election. 24 25 A. Q. That's correct. And -Official Court Reporter - 410th District Court (936) 538-8127
Correct?
6/7/2010
233 1 2 3 4 A. Q. A. Q. Could you go back to that? Sure. I was looking for a reservation date. Oh, no problem. It has an arrival date of -Let me
5 I'm sorry.
I've got that zoomed in too wide.
6 zoom out just a bit more. 7 Okay. It has an arrival date of May 2010.
8 Do you see that, sir? 9 10 A. Q. Right. Yes, sir. So two
It has a departure date of May 9.
11 nights, May 7 and May 8 -12 13 A. Q. That's right. -- and then depart on May 9. But I don't see
14 anywhere on here a reservation date, do you? 15 16 A. Q. No. Okay. And I'm going to show you the next page,
17 which is a folio view, something that the Residence Inn 18 prints off of their computer. And, again, it shows your
19 name, it shows your business address, the Worldwide 20 Microsystems address, and it's -- this is, again, the 21 reservation for arrival on May 7, departure on May 9 and 22 it also has some notes that Mr. Heath, Mr. Curry, Mr. 23 Goeddertz and Mr. McDuffee could stay in your room as 24 well. 25 A. That's correct.
6/7/2010
234 1 Q. So, again, we're talking May 7 and May -- the
2 night of May 7 and the night of May 8, correct? 3 4 A. Q. That's correct. And there are only five pages, so I'm going to
5 go through each of the five so you can see all of the 6 Residence Inn records up through the date of the 7 subpoena, which was after the day of the election. 8 The next one is a record for Mr. Tom Curry;
9 and once that focuses in, you'll see again this is a May 10 7. And this is actually a one night reservation for May So that's not you, correct?
11 7 for Mr. Curry. 12 13 A. Q. No. Right.
So that's -- that's not a night you
14 stayed, although it's the same night you were staying 15 there in your own room. 16 17 A. Q. Correct. On the fourth page -- actually, I'm sorry. That is the fifth page. It
18 says page 5 of 5.
Mr. Curry, Do
19 again, made a reservation for the night of April 30. 20 you see that right by my finger? 21 22 A. Q. Correct. Yes.
And then he, you know, he checked out on the So a one night stay for Mr. Curry,
23 following day. 24 correct? 25 A.
Plus the previous.

6/7/2010
235 1 Q. Right. Well, he came in on the 30th, stayed And then the
2 the night on the 30th, and carried over. 3 previous page also showed the May 7. 4 5 6 7 8 A. Q. A. Q. A. May 7. Correct. No, sir.
But, again, this is not you, correct?
And you didn't stay there that date, did you? I know for the month of April, I was in and out
9 of the Residence Inn, checking it out, in fact, drinking 10 their coffee, which they said I could do. 11 Q. Sure. But that wasn't my question, sir. My
12 question was, did you stay in Mr. Curry's room that 13 night? 14 15 A. Q. No, I did not. No.
And then the last page that were in the
16 subpoenaed records of the Residence Inn shows Mr. 17 Benjamin Allison's records, and it shows that he had a 18 hotel room on May 14 and checked out on May 15. 19 see that, sir? 20 21 22 23 A. Q. A. Q. I see that. Okay. No. So the records -- and you'll see that was the And, again, that wasn't you, was it? Do you
24 last page of the document, correct? 25 A. Uh-huh.

6/7/2010
236 1 Q. So as far as through the date of the -- the
2 subpoenaed documents that they provided, and the 3 subpoena was through May 12. 4 couple of dates after that. 5 Mr. Allison's after that. They actually provided a You just saw, you know, But through that date of May,
6 what we have for you is, we have a record showing May 7 7 and May 8. 8 9 A. Q. Correct?
Correct. Okay. And that's a fair statement of when you
10 actually got a room at the hotel and stayed the night at 11 the hotel, correct? 12 13 yes. 14 Q. Absolutely. And you didn't pay for a room any A. If you define stayed as spending the night,
15 other night. 16 17 A. Q. No. So, again, like Mr. McDuffee, similar markings
18 on the chart would say that you stayed the night May 7. 19 Actually I guess I shouldn't assume that. 20 a night for May 7. 21 7? 22 23 24 25 A. Q. A. Q. I sure did. Okay. And you also reserved -And the 8th. That was what I was going to ask
(936) 538-8127
You reserved
Did you stay the night there May
And the 8th. Yeah. Okay.
6/7/2010
237 1 next. And you reserved the room for the night of May 8,
2 and you stayed there the night of May 8. 3 4 A. Q. Right. So up through the date of the May 8 election,
5 if we were to get your sum total nights stayed at the 6 Residence Inn, we would have the night before the 7 election May 7 would be the first night that you had 8 stayed there, correct? 9 10 A. Q. (Nods head.) And then after the polls closed at 8:00 o'clock
11 that night, you stayed another night there as well. 12 Correct? 13 14 A. Q. Yeah. Right. And the following day. You checked out at some point in time
15 on the 9th. 16 17 18 19 20 21 22 23 A. Q. A. Q. A. Q. A. Yeah. Sure. All day Sunday. Did -- did you pay the hotel occupancy tax? I'm sure I did. Okay. I assume I did. MR. STILWELL: Your Honor, I'm going to I was there all day.
24 provide you with a copy of a statute and ask you to take 25 judicial notice of it.
This is -(936) 538-8127
6/7/2010
238 1 2 3 Section -4 5 the law is? 6 MR. STILWELL: I would very much like you THE COURT: You really want me to know what THE COURT: Of the law? Yes, Your Honor. This is
MR. STILWELL:
7 to take notice of it. 8 9 proceed. 10 MR. STILWELL: Your Honor, I've handed you THE COURT: Well, all right. You may
11 Section 156.101 of the Texas Tax Code and it has to do 12 with the hotel occupancy tax and you'll see that the 13 chapter does not impose a tax on a person who has the 14 right to use or possess a room in a hotel for at least 15 30 consecutive days. So -- and it's actually defined as
16 the permanent resident exception to the tax code. 17 So I'm asking the Court to take judicial
18 notice of that -- that section. 19 20 21 so. 22 23 Q. MR. YOLLICK: THE COURT: You may proceed, sir. MR. STILWELL: (BY MR. STILWELL) Thank you, Your Honor. Now, Mr. Jenkins, the day No objection. Very well. The Court will do
24 that -- pursuant to court subpoena that -- or I'm sorry. 25 Court order, not court subpoena.
The day pursuant to

(936) 538-8127
6/7/2010
239 1 court order that we went and did the photographing and 2 inspection of the various properties, you went to each 3 of those properties that day as well. 4 5 A. Q. I did. Yes.
And one of the properties that we went to was
6 your address at 16 Pastoral Pond Circle, correct? 7 8 A. Q. Yes. And while we were there, you graciously and in
9 accord with the order allowed me to take photographs, 10 correct? 11 12 A. Q. Yes. And one of the things that I did not take a
13 photograph of when I was there was a photograph of your 14 dog, correct? 15 16 yes. 17 A. Right. Well, that's not my dog; but, still,
That's my daughter's dog. Q. Okay. But the dog was at your house and it was
18 shut up in a room and it was -- am I right, it's a large 19 black lab? 20 A. It's -- it's actually a mix of some sort. We
21 really haven't figured out -22 Q. Okay. Fair enough. But photographs won't show
23 your dog because he was shut up in a room, correct? 24 25 A. Q. Right. Okay. Probably would bite you. Fair enough. But outside of that, we
(936) 538-8127
6/7/2010
240 1 went through the house and took photos throughout pretty 2 much the remainder of the house, correct? 3 4 A. Q. Correct. And what was the room that the animal was shut
5 up in? 6 7 8 9 Yes. A. Q. A. It was an upstairs bedroom. And was it anybody in particular's bedroom? Well, my daughter is living there temporarily.
And if you notice the living room area had her --
10 a lot of her stuff in it. 11 Q. Sure. Sure. Because I didn't go into that
12 room, I just wanted to ask the question. 13 14 15 A. Q. You were -- you were welcome to go in. Fair enough. Now, Mr. Jenkins, you know, at your house
16 there was a lot of your personal property, correct? 17 18 A. Q. Yes. And at no point in time prior to the election
19 did you move your personal property to the Residence 20 Inn, did you? 21 22 23 A. Q. A. May 7. Okay. And what did you take with you on May 7?
I took some pictures, a lot of clothes,
24 swimsuits, a lot of business material. 25 Q. So you took some stuff that -Official Court Reporter - 410th District Court (936) 538-8127
6/7/2010
241 1 2 A. Q. Software. -- you could carry and, you know, a suitcase or
3 two, correct? 4 5 6 7 A. Q. A. Q. Right. Correct.
But you didn't take anything more than that. No. Okay. Now, you would certainly agree that
8 you -- you own a lot more stuff than that, correct? 9 10 A. Q. Oh, correct. And my point is simply, when you went to the
11 hotel on May the 7th, you took a couple of suitcases 12 worth of stuff, you stayed two nights, but the majority 13 of your stuff was not at the Residence Inn, correct? 14 15 A. Q. That's correct. Okay. It was in my office.
Now, when I went to your house, there Was that your
16 was a canoe sitting on the driveway. 17 canoe? 18 19 20 21 22 23 24 25 A. Q. A. Q. A. Q. A. Q. That's my brother's canoe. Okay. Yes. Okay.
But you're keeping it for him? I have his sailboat at my office. Very good.
And I wish he'd move it. Now, Mr. Jenkins, do you own any vehicles? Yes, I do. And what kind of vehicles do you own?
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242 1 A. I have a, let's see, a Highlander, blue
2 Highlander, 19- -- or 2004. 3 Q. Okay. And those are registered to your 16
4 Pastoral Pond Circle address, correct? 5 6 A. Q. That's correct. And you haven't moved that registration at any
7 point in time? 8 9 10 11 A. Q. A. Q. No. Okay. Do you have a library card?
No, I don't. Okay. When I went and took photographs at your
12 house, I saw that you had furniture at the house. 13 14 A. Q. Yes. You're not claiming that that's all your wife's
15 furniture, are you? 16 17 18 19 A. Q. A. Q. No. Okay. Some of that is your furniture.
That's correct. And you didn't move that to the hotel either,
20 did you? 21 22 A. Q. No. It wouldn't fit.
The -- the nights that you stayed at the
23 Residence Inn, particularly the night before the 24 election and the night after the election, May 7 and May 25 8, that hotel registration information said that there
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243 1 were some other people that were allowed to be guests in 2 your room, correct? 3 4 A. Q. That's correct. How many people stayed in or was it -- was it
5 one room? 6 7 A. Q. One room. Okay. And how many people stayed in your room
8 that night? 9 10 11 12 A. Q. A. Q. I think there were four in there. Okay. Including yourself?
Including myself. Okay. So there were four people from four
13 different families that stayed in that room. 14 15 A. Q. That's correct. Okay. We moved a cot in, too. But my point is,
Fair -- fair enough.
16 there were four people from four different families 17 staying in one room at the Residence Inn that night. 18 A. Well, it's actually -- maybe you have the wrong It's actually two
19 idea of what the room looks like. 20 rooms. 21 22 23 24 Q. Q. A. I'm sorry.
Well, you meant -- you said room. MR. STILWELL: (BY MR. STILWELL) Objection; non-responsive. I'm going to do my best to
25 ask a question and I'm just simply going to ask you to

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244 1 do your best to answer the specific question that I ask. 2 Okay, sir? 3 And so just to be clear on the Record, you
4 had -- you paid for one room, correct? 5 6 A. Q. A suite. It's a suite, right; but you paid for one at
7 the hotel. 8 9 A. Q. One suite. Okay. And there were four individuals from
10 four different families who stayed in that one suite 11 room that one night. 12 13 A. Q. One suite double room. Okay. And which four individuals was it that
14 stayed in -- in that room? 15 A. Let's see. It was McDuffee, Berntsen and, I
16 think, Adrian. 17 18 19 20 21 22 Q. A. Q. A. Q. A. Did Sybil Doyle stay? No. Did Roberta Cook stay? No. Did the two Allison brothers stay? I think they stayed with Tom Curry. They were
23 certainly there. 24 Q. Okay. And I'm sorry. Did you say Mr. Heath
25 stayed in your room?

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245 1 2 3 you? 4 5 A. Q. She's always concerned about me. All right. And did she find it unusual that A. Q. Yes. Okay. Yeah. Mr. Heath was in our room.
Was -- was your wife concerned about
6 you were off staying in a hotel with a bunch of other 7 people? 8 9 10 A. Q. A. Not at all. Is that something you do regularly? Not regularly. I have since -- since I've
11 changed my residence. 12 Q. Right. Did you file an income tax return or an
13 extension by April 15? 14 A. I think that there is an extension in place,
15 and I don't know what the address is. 16 Q. Have you put 16 Pastoral Pond Circle on the
17 market? 18 19 20 21 ago. 22 A. Q. A. Yes, I have. When did you put it up for sale? I would say about two weeks ago, three weeks
Three -- about three weeks ago. Q. So when we did the inspection less than three
23 weeks ago, there wasn't a for sale sign out, was there? 24 A. Yes, there was. And I believe it's in
25 evidence, too.
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246 1 Q. All right. We'll take a look at the pictures.
2 That's fine. 3 4 5 A. Q. But as of this date, you still own it. Yeah, I do. Unfortunately. Yeah.
Still has your furniture and other belongings
6 in it. 7 8 A. Q. Right. By the way, who did you -- who did you vote for
9 in the RUD election? 10 A. I voted for Pete Goeddertz, Bill Berntsen and
11 Rick McDuffee. 12 Q. You -- you did not vote for any of my three
13 clients. 14 15 A. Q. No, I did not. Now, Mr. Jenkins, when you read the statement
16 on your voter's registration card that you understand 17 that giving false information to procure a voter's 18 registration is perjury, did you understand what that 19 meant? 20 21 A. Q. Absolutely. Okay. And when it asks you to put down your
22 residence address -- and it says, "street address and 23 apartment number. If none, describe where you live" --
24 you put down 9333 Six Pines Drive on that application -25 A. That's correct.
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247 1 2 3 Q. A. Q. -- on April the 5th of 2010. That's correct. And you put that down even though you did not,
4 in fact, live at the Residence Inn on that date. 5 A. Well, I -- I wasn't physically in -- in that --
6 in the Residence Inn. 7 Q. Right. You did not live there on that date,
8 correct? 9 10 11 witness. 12 13 14 till 5:00. 15 THE COURT: MR. YOLLICK: Could I -THE COURT: Are you going to take longer Your witness. Your Honor, it's five minutes A. Correct. MR. STILWELL: Your Honor, pass the
16 than five minutes? 17 MR. YOLLICK: Yes. Actually with this
18 witness, I'm probably going to take at least a couple of 19 hours. 20 THE COURT: Okay. That's fine. Then it
21 would make sense for us to break now until 9:00 o'clock 22 in the morning. 23 patience with me. I appreciate y'all's courtesy and Maybe I can visit with the lawyers We'll see
24 for just a moment, but close the Record. 25 y'all tomorrow morning.
Thank you.
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248 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25
(PROCEEDINGS CONCLUDED)
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249 1 COUNTY OF MONTGOMERY ) 2 STATE OF TEXAS 3 )
I, Robin Cooksey, Official Court Reporter in
4 and for the 410th District Court of Montgomery County, 5 State of Texas, do hereby certify that the above and 6 foregoing contains a true and correct transcription of 7 all portions of evidence and other proceedings requested 8 in writing by counsel for the parties to be included in 9 this volume of the Reporter's Record, in the 10 above-styled and numbered cause, all of which occurred 11 in open court or in chambers and were reported by me. 12 I further certify that this Reporter's Record
13 of the proceedings truly and correctly reflects the 14 exhibits, if any, admitted by the respective parties. 15 I further certify that the total cost for the
16 preparation of this Reporter's Record is $__________ and 17 was paid/will be paid by _____________________. 18 WITNESS MY OFFICIAL HAND this the _____ day of
19 _________________, 2010. 20 21 22 23 24 25
______________________________________________ Robin Cooksey, Texas CSR No. 2807 Expiration Date: 12-31-11 Official Court Reporter, 410th District Court Montgomery County, Texas 300 N. Main, Rm. 200 Conroe, TX 77301
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107:17 decision 12:5 38:22 42:19,23 43:23 44:9,11 169:9,14 217:10,12 declarant's 82:18 declaration 32:2 177:8,19 declarations 87:13,20 88:10 declaratory 3:17 85:2,3,10,19,23 86:19 87:11,12,15,22, 23,24 88:8,16,17,25 89:4,10,14,17,2 0 100:4,9 104:24 105:3,10,15,21, 23 107:14,16 108:4,6 110:18 118:1,12 121:21,25 declare 19:22 87:17 129:23 130:10 131:6,11,17,23 132:3,17 declared 32:3 33:22 34:24 116:24 128:12,18 129:17 130:5 132:7 171:2,11 179:3 221:5 222:14,23 declaring 36:16 118:23 130:25 168:20 decorate 188:22 decorations 197:4 deed 5:8,9,11,12,14,1
(936) 538-8127
6/7/2010
5,17,18,20 31:12 32:1 34:24 62:5 144:11 159:3,17 162:11 222:8,9,13 227:17,20,21 defamation 116:1,4 defeated 211:24 defendant 12:6 15:5 102:18 103:6 108:12 defended 100:23 deficit 50:20 define 236:12 defined 238:15 defy 20:16 degree 39:2,16 delete 110:23 democratic 99:1,3 122:7,15,19,24 123:9,14,18 demonstrative 63:14 127:6 145:19 demonstratively 28:1 denigrate 55:3 denotes 5:25 6:25 7:25 8:25 9:25 10:25 deny 20:15 158:4,6 denying 156:9 157:9,12 depart 233:13 departure 233:10,21 depending 26:8 218:16 depicted 192:8 203:19
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33:8,12,15 35:6,9,16 36:4 40:1 42:5,20,22 43:16,25 45:10,11,16 58:22 60:18 80:13 97:22 102:19 103:2,10,11,12, 13 104:2,11,14 109:19,21 111:5,7,10 112:23 113:8,18 117:16 124:9 125:16,21,25 126:14,16,18 136:11 138:13,15 139:22 141:8 142:4,22 144:3,22,23 146:15,21 147:21 148:12,25 149:22 150:17 151:20 154:4,15,19,20 163:6 171:19 172:4,12,13 173:7 175:20 180:13 183:20,21 185:3 189:13 210:1 211:19,24 212:15 214:7,12,22 215:2,5,8,11,15, 18,25 216:7,18,21,24 217:13 218:1 221:5,6,11,13 249:4,23 districts 144:20 148:13 District's 26:12 disturbing 56:11 doctor 173:9,11,12
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6/7/2010
223:13,19,20 document 52:8 53:7 54:6,11,13,18 59:4 79:4 82:9,19 91:24 104:25 128:6 133:1,2,4 141:16,23 145:11 146:6,22 154:6,12,16 157:2 159:5,6 160:8,17 181:16 226:24 227:12 229:6 235:24 documentation 57:3 130:16 documents 10:20,22 46:12 51:3,13,16,19 56:22 57:16,17 58:24 60:1,13 65:12 69:22 128:12 137:9 139:21 141:14,15,18,21 142:2 193:10,15 202:16,19,21 213:12 214:10 232:15 236:2 dog 189:20 239:14,15,16,17 ,23 dogs 170:20,22 dollar 92:16 98:25 99:4 dollars 97:5 122:18,20 domicile 45:23 200:11 domiciles 40:1 done 17:8 27:4 52:3 91:12 94:25 96:3,4 97:14 98:7
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175:20 176:3,9 177:12,13,23 178:4,7 179:23 180:13 200:4,8 203:21,22,25 204:2 209:4 211:19,21 214:22 216:25 218:24 219:4,6,11 232:23 234:7 237:4,7 240:18 242:24 246:9 elections 5:6 30:11,12 88:11 95:8 99:3 122:19 123:8 171:15,18 214:19 electrical 39:1 175:14 electronically 25:14 elements 41:8 43:21 64:10 Elmo 186:25 190:6 198:6 else 20:19 57:20 83:25 121:1 132:17 141:9 158:12 166:6,23 167:9 168:7 169:24 174:20 187:10 213:23 215:14 216:6 else's 171:4,12 174:11 176:11 177:11,22 178:6 Email 6:17 E-mail 56:11 57:4,7 58:10 60:8 105:8 212:25 E-mails 55:23
(936) 538-8127
6/7/2010
58:20 59:6,13 employee 125:15 144:2 employment 40:5 95:17,18 96:12 empty 179:16 192:25 encourage 123:15 encouraged 123:16,21 124:1,7 Energy 38:3 engineer 39:1 enjoin 103:18 enjoy 218:5 ensure 118:8 entering 144:13 entirely 18:14 30:3 71:7 119:10 entirety 83:10 91:5 93:14 96:24 entities 151:13 entitled 12:20 13:6 24:13,15,21 47:22 219:8 entity 119:21 210:2 entries 91:22 entry 106:3,15 108:9 110:13 111:3,14,17 118:5,7 120:18,20 121:19 Equipment 94:15 equitable 88:4 Eric 2:9 12:15 37:10 105:1,13 111:2 122:9 181:10
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181:10 186:19 190:3,5,10,11,1 3,15 195:4 198:2 203:2,11 210:13,19,21,22 211:5,7 221:10,22 232:13 exhibits 5:25 6:25 7:25 8:25 9:25 10:25 23:3,4 26:20 27:5 46:24,25 47:5,10,11,16,2 0 48:18,20 74:7,19 77:17 93:6 137:14 181:2 190:13 197:20,23 249:14 existing 81:21 exit 32:22 expect 64:10 65:9 expected 160:15 expediency 46:23 expedite 224:6 experience 98:11 experienced 39:1 Expiration 249:22 explain 63:6 116:12 118:14 183:11,14 184:24 186:1 212:21 217:23 explained 41:22 222:10 expressed 117:9 expressing 117:6 expressly 83:9 extends 172:12 extension 174:23 222:21 245:13,14
(936) 538-8127
6/7/2010
extensive 25:20 extensively 213:1 extent 75:8 76:19 90:2 116:1 177:5 extraordinarily 44:25 extremely 43:10 122:22 F face 51:22 54:21 faced 54:17 facility 64:7 fact 34:3,5,12,16 35:21 42:4 44:17 45:23 57:4 71:22 76:8 79:6 82:16,20 85:15 86:22 96:16 98:20 106:23 107:19,21 114:3,7 118:18 127:18 134:7 136:15 140:1 147:15 154:24 155:4,19 159:8,17 161:17,22 162:7 163:11 165:21,24 170:19 174:6 177:11,21 200:17 202:24 221:9 224:11 225:12 227:8 229:5,18 232:10 235:9 247:4 factor 95:5,12,13,16 96:15,19,25 97:10,11,13,15 98:10,11 99:6,9,13 factors 94:16,19
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6/7/2010
food 64:3 65:18 174:14 176:24 179:10,14 189:7,20 199:2 Fools 33:16 34:5 161:18,19,20 179:19 force 23:24 123:7 foregoing 249:6 foreground 199:4 Forest 2:5 29:17 68:22 131:24 133:17 forever 12:3 forfeiture 212:1,5 forgetting 103:7 forgot 158:11 form 61:11 62:11 formality 62:12 76:1 77:11 78:22 format 209:9 212:10 former 229:15 forms 193:2 Fort 225:17 forth 35:18 80:11 81:23 133:10 157:16 forthright 88:8 forward 14:7 15:3 16:12 19:5 22:12 23:5 25:7 26:22,23 41:25 116:13 124:19 143:10 219:20 226:4 forwarded 58:19,24,25 59:7 183:23 212:25 founding 214:18
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handle 12:14 90:20 100:17 handled 91:1 98:19,24 handling 12:10 93:8 108:20 hands 36:14 handwriting 55:21 handwritten 55:20 hanging 74:1 202:3 Hanson 161:10 183:13 185:13 187:3,4 Hansons 67:22 130:15 154:8,23 155:21 156:7,11 158:5 159:18 162:9 170:12 171:10 172:2,12,21 173:1,13 174:3,4,18 175:11,22 176:25 179:13,22 180:1 183:21 184:1,12 220:21 221:1,2,7,13 222:5,25 223:15,17,18 224:14 225:13,16 happen 19:1 happened 36:8 119:7,13 200:8 happens 16:12 17:25 happiest 27:23 happily 211:13,14 happy 12:4 25:21 158:16 160:12 220:12 hard 167:15 220:3 harder 30:2
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6/7/2010
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(936) 538-8127
6/7/2010
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(936) 538-8127
6/7/2010
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6/7/2010
21 234:1,2,9,10 235:3,4,18 236:3,5,6,7,18,2 0 237:1,2,4,7 238:8,21 240:21,22 241:11 242:24 maybe 18:6 81:3 82:2 85:21 168:5 189:20 190:6 198:5 243:18 247:23 Mayes 23:10 41:9 63:11 110:4,5 MCAD 7:8 10:17 59:8,16 126:19 133:7 144:7 MCAD's 126:17,21 McDougal 211:23 mcduffee 1:8 3:19 4:5 152:18 McDuffee 5:16 6:10 7:13,14,16,17,1 9,20,22,23 8:4,6,13,15,18,2 0,23 9:5,8,10,13,15,1 8,20,23 10:5,8,10,13,15, 16 14:5 32:24 39:15 48:14 115:12 116:24 130:8,10,13 152:13,25 153:3,8,13 161:2 162:1 165:15,18 170:24 200:13 210:24 220:19 225:24 233:23 236:17 244:15 246:11 McDuffee's 32:24 67:21
mean 34:23 41:16 53:12 57:10 58:9 71:9 73:19 82:14,20 85:23 86:4,13 106:21 122:24 123:4,18 136:2,5 140:5 170:16 178:19 179:16 181:7 184:9,10 185:18 194:18 202:23 205:21 213:10 223:9 232:4 means 123:2,4 158:13 meant 97:21 243:22 246:19 media 121:12 mediate 110:6,9 mediating 110:1 mediation 109:25 110:4,5 Medical 147:14 medicine 192:1 meet 43:6 56:14,18 199:8 219:10,14 meeting 109:8 118:8,16,19,20, 21,24 119:7,10,16,17 120:9,12 169:15 204:17 205:24 206:1,21 210:8 meetings 169:3,15 meets 56:3 59:22 60:2 Mega 38:12 members 214:21 Memorial 199:20,22,24 200:8 memory 82:16,20
men's 70:14 mentally 182:23 183:2,5 mention 11:14 40:8 46:6 134:22 mentioned 39:22 43:20 45:1 94:23 95:19 122:6,14,17 132:5 165:4 mere 78:22 222:19 MERITS 1:15 3:3 Messrs 2:5,16 met 13:9 26:2,6 107:2,6 108:5 109:7 111:5,7 175:24 208:21 method 123:6 Michael 2:15 13:18 211:23 microprocessors 39:10,11 Microsystems 232:21 233:20 mid 175:10 220:1,2 middle 32:11 106:16,17 164:2 181:16 midnight 220:6 Mike 56:12 57:4 58:15 103:16,23 104:13 108:10 109:24 110:7 210:6 211:2 Miller 1:4 3:19 4:5 14:3,9 28:19 47:8 78:17 102:15 103:3,5,8,11,21 143:9,18,22 144:2 150:4 million 214:24
Mills 71:19 mind 17:18 66:4 81:22 99:7 130:18 160:10 162:21 177:17 232:11 minds 169:19 mine 22:18,19 97:17 166:4 197:8 minus 34:4 minute 37:18 40:22 95:19 139:13 142:12 210:11 217:5 minutes 11:13,18 17:13 22:6 23:2 78:6 94:23 100:5 149:18 158:24 165:9 219:23 247:13,16 Miranda 3:9 23:11,22 24:7 mirror 201:20,25 miscellaneous 93:7 mispronounce 230:22 misquote 111:15,21 missing 213:11 misspeak 47:5 misunderstood 140:17 mix 239:20 moment 16:1 18:6 19:3 45:20 61:4 71:5 81:19 84:12 89:12 175:23 221:14 228:4 229:8 247:24 moments 48:18
Monday 15:13 102:7 money 24:22 42:21 monies 186:8 211:25 monitor 160:23 228:9,12 232:18 Montgomery 1:7,21 14:4 29:2,3 31:8 33:4 36:23 54:17 58:21 69:18 90:10,19 91:4,7 93:13,19 102:19 104:3,12 114:16 125:16,21,25 126:13,18 133:8 138:12,16 139:22 142:3 144:3,24 148:9 182:6 208:21 212:12,15 217:2 220:23 221:2,3 228:15 249:1,4,23 month 34:14 91:10,16 93:21 164:12,22,23 184:6,8 207:17 235:8 months 165:1 180:4 Moore 7:5 27:2 55:18 56:5 58:9,20,25 59:7,10,15 60:7,9,10,14,16 133:7 134:2,3,19 142:22 147:1 Moore's 60:21 132:25
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morally 36:8 morning 11:16,17 14:7,21 19:18 88:12 199:18 204:18 205:13,16 220:1 247:22,25 mortgage 38:11,12 186:6,10 222:11,13 Mosswood 32:20 67:12 130:1 mostly 30:14 39:11,17 105:8 motion 3:7,15 72:23 213:16 mouth 81:12 move 15:7 43:23 44:10,16 92:5 151:14 163:6 164:2 174:2 176:13,19 178:16 201:13,14,15 202:12 208:7 213:6 216:17,24 217:10,12 220:15 223:10 224:21,25 240:19 241:22 242:19 moved 38:24 164:6,15,17 173:12 174:10 176:21 197:16 200:17 209:13 219:3 222:16 223:13,14 224:16 229:15 242:6 243:14 movie 215:13 moving 23:5 40:1 163:25 164:19 195:16
196:20 200:15 MSJ 7:9 MUD 6:19,20 29:22 30:2,4,6,9 31:22 33:9 148:9,11,18,24 149:14,19 multiple 91:6 Municipal 29:22 30:1 148:25 myself 61:8 78:14 80:11 93:16 167:16 198:11,19 201:21 202:1 215:23 243:11 N Nancy 130:12,13,20,24 164:16 173:3 narrative 61:9,11 65:22 183:16 214:14 National 39:21 natural 64:10 nature 72:1 97:15 nauseam 98:22 neat 201:3 206:25 necessarily 56:21 100:18 219:2 necessary 23:15,22 26:14 63:2 85:6,13,15 88:3 94:25 96:7 98:8 99:15,18,20,22 101:7 108:3,19 necessity 75:3 94:18 negative 160:6 Neill 1:4 14:9 28:19 47:8
78:17 102:15 newspaper 117:17 Nexus 150:23 nice 21:3 22:20 93:5 98:18 178:14 night 11:15 34:19,20 163:16 164:2,7,8,9,13 166:7,15,16,25 167:3 169:22 177:12,22,23 178:6,7 179:6 184:10 205:25 232:4,23 234:2,10,13,14, 19,23 235:2,13 236:10,12,15,18 ,20 237:1,2,6,7,11 242:23,24 243:8,17 244:11 nights 36:17 166:2,9 171:4,12 174:12 176:11 177:1,11,22 178:6 184:14 206:11 217:16,17 225:13,15 233:11 237:5 241:12 242:22 Nods 237:9 noncommercial 142:20 none 50:22 76:3 102:22 146:19 191:20 194:6 203:18 246:23 non-party 12:23 73:2 non-political 44:15 non-responsive
71:2 101:20 163:7 164:20 166:11 167:13 209:7 224:3 225:3 243:23 non-suit 3:17 89:20 100:3 NOON 84:14 nor 113:19 normal 43:3,4 64:9 65:9 normally 43:4 62:22 north 30:6 31:19 164:16 173:5 214:23 north/south 29:19 northern 30:5 148:24,25 170:8 184:4 notarized 155:5 notary 221:19 note 29:2 79:18 141:14 notebook 137:12,13 181:7 notes 232:15 233:22 nothing 119:13 194:1 203:19 notice 104:6 118:20,24 119:9 156:24 191:21 237:25 238:7,18 240:9 notified 103:21 112:25 113:3 notify 103:22 noting 61:1 novel 95:10 novelty 94:20 95:5 O Oak 2:16 173:5
210:24 Oaks 31:18 63:22 128:2 object 41:5 49:12 52:10 54:8 62:9,24 64:12 65:22 69:12 71:2 76:1 77:15 78:21 91:21 99:24 101:20 147:5 163:7 objecting 50:10,23,24 202:18 objection 19:7 28:4 47:17 48:21 49:10 50:16 51:23 52:23 54:2,23 55:2 56:1 58:17 59:21 60:23 61:1 64:21,23 66:7,9,17,20,22 67:5,7,17,19 68:2,5,15,17 69:2,4 72:9 75:9 76:20 78:5,24,25 79:17,20,22 80:16 83:23 92:6,8 116:12 131:3 138:24 139:7,9 140:25 142:5 151:10 164:20 166:11 167:12 183:15 197:21,24 200:2 201:12 202:20 203:18,23 204:3 206:7,12 209:6 211:6,8 212:7 213:5 216:9 218:8,13,18 224:3 225:3 238:19 243:23
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objections 77:14 objects 61:19 obsessed 43:19 obtain 59:1 obtained 49:6 97:4,8 109:11 obtaining 96:4 obviously 17:18 34:22 58:10 61:2 88:20 91:23 93:21 occasion 217:14 occasions 98:19 occupancy 237:19 238:12 occur 106:10 occurred 36:12 83:1 182:25 249:10 occurs 14:12 18:12 o'clock 220:12 237:10 247:21 odd 30:21 offended 41:20 52:1 offensive 79:14 offer 34:8 49:1 53:22 55:9 64:19 66:5,18 67:4,16 68:1,13 69:1,11 74:24 78:12 80:10 91:19 117:13 138:23 140:10 197:20 203:10 211:5 offered 5:3 6:3 7:3,11 8:3 9:3 10:3 78:23 79:10 202:19 213:13 offers 77:14
office 13:8 26:2 43:12 45:2,3 56:7 58:2 59:19 60:10,21 90:15 92:20 106:19,22,24 108:5 109:11,12,16 114:19,25 115:2,5 119:19 126:1 132:25 154:1 179:24 183:23 192:23 193:9 241:14,20 officer 61:17,20 offices 90:16 120:9 official 36:11 54:4 56:5,23 57:21 58:16 59:24,25 118:23 211:22 249:3,18,23 officing 90:16 oh 19:6 25:2,24 26:12 57:4 109:12 113:6 117:10 159:14 190:14 194:18 197:13 205:2 206:14 208:12 221:11 233:4 241:9 Oilwell 39:21 okay 12:9,20 13:13 22:4 25:4,12 26:18 28:1 37:7 47:3,19 53:6 64:16 66:5 73:4 75:3 79:19 80:3 81:8 82:8 90:6 105:2 106:11 108:12 109:7 110:25 118:7 120:17,20
125:6,13,20 126:3,11,17,21 127:3,10,14,22 128:8,11,14,17, 20,25 129:1,6,14,20 130:4,7,18 131:8,14,17,20, 25 132:5 133:9,15,19 135:2 138:3,7,10,15 139:19 140:17 143:22 144:16,22 145:1,3,18,25 146:8,19,24 147:11,15,19 148:8,11,17,22, 24 149:3,8,12,16 150:22 153:8,23 154:6,24 155:22 156:3,14 157:2 160:9,13,19 161:1,22 162:10,23 163:14 166:6,14 167:12,21,24 168:4,19,24 169:15,22 170:5,13 171:2,21 172:1,8,11,15,2 5 173:4,6,12,19 174:10,17,19,25 175:4,7 177:15 179:18 180:6 181:12,18 182:2 183:11 184:6 185:19 187:3,18,24 188:3,14,17,24 189:4,6,11,17 190:14 191:2,23 192:4,12,25 193:18 194:7,9,18 195:3,4,6,9,17,2
1,24 196:2,18,25 197:15,18 198:21,24 199:3,12,21 200:23 202:10 204:8,11,15,19 205:3,15,18,19 206:3,18,22 207:5,15,22 208:5,14 209:11 210:1 212:11 213:4 214:6,25 215:7 216:4 217:4,23 220:16 221:1,4,10,18 224:9 225:9,18 226:12,13 227:23 228:6,10,11,14 230:6,10,21,25 231:8,15,24 232:14 233:7,16 235:21 236:9,23,25 237:21 239:17,22,25 240:22 241:7,15,19,21 242:3,9,11,17 243:7,10,12,15 244:2,9,13,24 245:2 246:21 247:20 old 38:10 81:4 195:7 ones 218:4 ongoing 107:20,22 169:1,13 online 138:17 onto 112:12 open 11:1 22:14 57:3 58:8 59:19 75:17 202:2 208:25 215:22 249:11
opening 3:5,10,11 22:10 25:7 27:9,12,20 41:12 opinion 71:20 93:15 99:15,17 100:19,24 101:5 opportunity 22:10 36:20 oppose 213:15 opposed 183:13 opposing 31:24 37:10 62:22 104:5,6 opposite 199:12 Optics 45:6 46:7 oral 20:20 101:2,3 order 27:2,25 32:22 35:4,7 40:25 59:1 63:11,15 67:25 68:12,25 69:10 72:14,22 74:16 75:21 76:4 77:18 83:8,15 86:15 87:3 104:4,8,16 109:11,13,15,19 ,20 110:3,4,5,11 114:14,20,21 119:3,4,8 128:24 154:2 218:23 238:25 239:1,9 ordered 74:13 orders 104:1 ordinary 108:20 organized 158:9 original 55:11 79:8 85:20 86:25 88:23 102:4,25 189:24
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Orion 140:15,18,19,22 others 44:9 93:17 122:23 otherwise 15:15 91:1 98:8 124:9 ought 116:13 123:14 outcome 31:6 32:6 35:7,25 36:2 37:13,17 88:11 outlines 148:18 out-of-court 79:9 outset 219:24 outside 32:7 33:8,9 55:24 80:17 128:15 144:20 146:17 194:20 239:25 Over-65 128:7 overhead 167:25 overlapping 148:14,15 overlay 145:20 overlooked 207:12 overrule 55:2 61:1 116:11 218:17 overruled 131:4 142:8 147:6 183:17 200:18 204:3 214:15 overrules 54:2 Owens 2:10 26:3 186:23 190:7 196:17 198:23 200:22 210:16 owned 73:2 119:24 120:2 134:6 142:13 owner 120:5 owners 120:6 ownership 45:5
75:6 144:13 owns 119:20,21,22,25 169:2 P P.K 1:20 P.O 2:11 pack 170:11 package 69:6 packed 170:10 pad 63:24 65:5 165:16 page 2:15,16 3:3 13:18,23 15:18 21:23 22:2 50:1 51:4,5 52:20,21 54:7,13 55:20 56:12 57:4 58:15 60:15 65:6 103:16,23 104:13 108:10 109:24,25 110:7,10 116:19,21 141:13 155:8,10 156:24 157:7 159:10 160:13,16 187:2,19 188:14,24 189:11 190:7 191:17 192:4,12,18 210:6,23 211:2 232:19 233:16 234:17,18 235:3,15,24 pages 50:24 51:24 52:2,18,20 138:19 139:4,16,18,20 140:10,13,18,19 ,22 142:2,9 153:10,16,20
234:4 paid 159:9 169:23 232:7,8 244:4,6 249:17 paid/will 249:17 painless 23:18 paint 192:14 painted 192:15 pair 168:9 201:8 pantry 64:3 65:18 174:8,12 179:16 189:7 paper 25:10 90:24 111:21 121:9 papers 11:22 207:25 208:1 224:13,22 paragraph 106:17 181:18 pardoned 182:15 parent 135:23 parentage 136:7 parents 38:14,15,16 62:7 127:20 132:6 135:18 park 147:14 170:9 parking 207:1 Parkway 29:17 30:5,7 148:20 149:2 parole 182:13 partially 182:23 183:5 particular 43:16 44:5 74:9 81:23 95:17,25 181:3 213:19 particularly
242:23 particular's 240:7 parties 3:9 11:1 21:7,15,17 88:21 111:20,25 135:21 249:8,14 partner 90:7 211:2 party 15:21 21:5 22:12 43:11,12 51:7 102:22 104:5,6 166:24 167:10 171:17 209:5 pass 101:8 124:11 134:9 143:2 149:24 152:6 178:9 219:17 225:19 247:10 passes 45:11 past 91:9 100:16 paste 158:15 Pastoral 129:13 227:2,20 228:21 229:1,19 239:6 242:4 245:16 patent 39:7 patience 247:23 patiently 25:6 patio 204:16 Patricia 3:19 4:5 143:9,18 144:2 pay 108:15 111:18 118:15 121:4 166:2,8,12,13 178:1 181:23 215:5 220:6 236:14 237:19 paying 215:11,15 peace 12:3 Peggy 56:12 57:8 penalty 33:21,25 164:23 168:15
230:7 pending 201:14 people 12:19 15:3,7 22:21 29:25 30:10,11 31:5 34:22,23 36:1,15,23 37:12 39:12 43:2,18 74:6 87:17 116:5 117:15 122:23 123:7,15,16,19, 24,25 124:4,7,8 127:12,14 150:12 166:18,24 174:5 199:23 208:24 223:24 230:23 243:1,4,7,12,16 245:7 perfectly 23:14 157:8 221:15 perform 94:21 performed 91:18,19 92:12 97:20 performing 92:14 98:12 perhaps 27:6 54:19 63:7 66:1 71:11 79:14 period 16:18,22 35:3 89:24 93:25 96:13 157:23 177:25 182:14 perjury 33:21,25 161:14 164:24 168:15 181:20 230:7 246:18 permanent 32:4 154:11,21 175:21 221:6,13,16
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222:15 238:16 permission 61:8 permit 21:12 Perry 94:15 person 42:4 50:6 51:7 56:13,14 59:25 74:13 76:12,15 157:15 238:13 personal 72:7 74:9 75:7 136:6 153:3 197:5 240:16,19 personally 211:19 212:5 person's 64:11 127:2 153:24 perspective 37:14,15 Pete 38:4,5,6 167:16 199:5,7 204:12,17 205:25 206:3,10,20 207:7 218:3 246:10 Peter 1:8 5:10,20 65:1,2 128:9 135:17,22 136:2 204:11 205:25 Pete's 206:24 petition 16:9 18:19 89:8 102:4,25 103:15,17 104:19 111:16 114:4,9,12 petitions 100:22,23 pets 35:2 170:17,18 171:4 176:23 179:10,14
Ph.D 45:4 pharmacist 173:16,18,20 223:14,21 224:1,8 philosophy 51:22 phone 11:14 22:17 105:12 110:7 175:14 201:18 223:22 photo 189:13,23 193:18 photocopy 55:12 photograph 7:12,14,15,17,1 8,20,21,23 8:4,5 63:23 65:5,12 68:19 70:8,16 71:3 188:6,25 189:1,2 190:9 191:11 192:19,21,22 193:25 194:9,12 198:7 199:15 239:13 photographed 67:25 69:10 72:14 photographer 198:18 photographing 63:12 68:20 76:16 239:1 photographs 5:22,23 6:4,6,8,9,11,13, 15 8:11,14,16,19,2 1 9:4,6,9,11,14,16 ,19,21 10:4,6,9,11,14 31:9 46:17 62:20,25 63:3,16,19,21,2 5 64:2,20 65:8,17
66:2,15,24 67:2,13,14,21,2 4 68:10,12,24 69:6,9,17 70:12,15 71:11 72:4,17,19 73:13 74:8,14,16,20,2 3 75:1,5 76:13,17,21 77:1,2,4,18,20 96:6 170:19,22 174:7 200:12 203:1,24 224:10 239:9,22 242:11 photos 62:14 64:13,14 65:23 69:22 72:10 73:20 77:14 186:20 203:7,11 240:1 physical 81:21 123:1,4,7 131:12 220:3 physically 247:5 physicist 45:5 piano 73:24 188:3,4,8 pick 164:1 picked 110:7 188:1 picking 23:12 picture 140:22 187:19,23 188:11,18 189:14 191:6,13,15 192:8 193:13,21 194:3,10,15,24 198:10,11,12 199:16 200:19 201:1,17,19 202:1,10 204:11,15 205:3,6,7,18,23, 24
206:18,20,22,23 ,24 207:22 208:5,8,9,14 pictures 35:17 65:7 173:23 195:17,18 200:3 203:4,15,19 240:23 246:1 piece 155:2 185:17 210:22 215:4 pieces 121:9 Pines 33:22,23 37:22 44:17 69:21 133:22 134:23 135:2,6,10 149:4 151:24 152:3 161:5 168:21 173:14 174:10 181:15 183:13,19 184:15,20 195:16 198:14,25 200:25 204:14 207:14 210:25 218:1 219:16 220:22 228:19 229:24 231:5 232:1 246:24 pity 157:14,19 placed 13:25 placement 153:21 places 65:20 169:3 222:14 plaintiff 12:6 14:6 20:21 103:5,9 181:2 plaintiffs 3:7 13:2 14:9,13 16:8 24:8 44:3 47:6,7,10 49:1,3,11 52:22 55:13 56:1 65:4 66:6,8,14,18,21
67:6,18,20 68:4,7,9,16,18 69:3 78:12,13 81:3 83:22 84:6 87:1 99:16,20 102:13,15 103:18 116:7 139:13 145:10,14 146:5 148:4,8 153:9 159:2 160:1 186:19 232:13 Plaintiff's 3:14,15 48:19 PLAINTIFFS 5:2 6:3 7:2 PLAINTIFFS/ CONTESTANT S 2:3 3:12 plan 62:16 209:23 planner 39:16 209:24 planning 209:19,21 plant 197:2 Plantation 32:21,22 67:12 130:2 plants 197:2,3 play 188:3 played 207:2,3,5 playing 207:10 pleading 87:4,11 105:21 pleadings 19:15 86:25 87:20 88:7,24 99:24 please 24:2 28:14 37:9 38:6 47:4 70:7 89:13 90:5 112:12 122:10 124:22,24 125:13 137:18 138:8 139:12
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143:25 152:15,24 157:25 158:20 178:24 181:24 183:14,18 186:25 198:9 209:10 212:10 213:25 221:22 222:2 224:6 226:6 229:9,11 pleased 15:10 pleasure 21:24 26:5 27:21 90:22,24 plus 20:1 30:18 34:4 62:7 234:25 pocket 50:19 point 15:20 17:18 31:13 34:16 40:9,24 47:1 48:25 70:7 72:21 82:3 86:2 87:21 88:6 89:3,6 108:23 112:23 116:7 132:17 140:13 159:13 161:22 164:21 180:10,16 212:14 215:16 216:13,15 224:25 227:15 229:24 231:15,18,21 232:1 237:14 240:18 241:10 242:7 243:15 pointing 148:22 points 40:10 political 43:5,6,7,11 44:13 212:12 politically 209:12 politics 43:20 220:23
polls 36:5 237:10 Pond 129:13 227:3,20 228:21 229:1,19 239:6 242:4 245:16 portion 33:4 47:23 68:9 88:1 132:1 135:3 142:16,20 147:18 148:13,15 portions 249:7 position 54:17 86:8 219:2,6 positive 167:18 possess 238:14 possible 186:13 possibly 56:14 81:20 101:19 Post 2:16 183:23 210:24 posted 119:2 potential 106:4,12 power 175:14 196:22 pow-wows 208:4 practice 77:21 90:8,18 104:3,12 219:24 practiced 90:10 91:4 98:13 practices 103:25 precinct 209:2,3,4 preclude 95:17 precluded 96:12 109:21 precluding 97:14 predicate 63:2 74:2,15,25 141:2,3,18 predominant 95:3 prefer 27:19 53:15
preference 220:13 preparation 93:23,25 94:10 99:16 107:11 249:16 prepared 100:22 139:21 142:3 presence 42:11,12 44:1,4 217:13 present 11:2 13:2,8 24:16,17,21 28:18 77:16 79:15 80:18,23 81:18 82:4 93:6 118:19 197:9 presentation 20:20 90:1 presented 53:7 83:22 122:6,13 presently 80:20 presiding 1:21 presuming 175:14 pretrial 23:10 121:11 pretty 39:18 40:10,23 42:18 43:22 44:21 45:18 168:12,13 176:24 220:5 240:1 prevent 36:10 56:1 123:2,7 preventing 122:23 previous 156:23 223:1,7 234:25 235:3 previously 25:19 41:9 63:13 162:7 price 214:23 primary 217:25
print 140:6 printed 140:8 printout 160:15 prints 139:24 233:18 prior 16:25 23:10 31:11 32:5 65:15 69:21 70:23 72:16 103:17 112:21 113:10 119:1,2 121:24 161:22 162:3 163:19 168:19 180:13 195:16 228:25 229:23 240:18 prison 181:22 private 56:13,23 57:4,8,10 privilege 101:17 privileged 92:13 101:25 privy 169:14 probably 11:9 22:18 25:4 39:4 48:11 58:16 86:1,3 172:25 208:3 229:4 239:24 247:18 probate 182:22 probative 200:16 problem 14:24 54:6 73:20 75:6 77:6,12 83:2 116:6 178:17 229:13 233:4 problems 213:18 procedural 62:24 Procedure 20:25 procedures 17:19 proceed 14:14 15:15 22:8,11
27:9,11,14,16 28:6,13 37:7 46:20 47:2,18 48:23 53:21 61:10,20 63:3,9 64:17,24 66:10 67:8 78:8 80:6 84:16,20,22 89:13 90:4 92:9 100:13 101:12 102:1 116:15 118:3 139:10 152:17 158:20 197:25 204:5 209:8 212:9 213:25 220:7 226:10 229:11 238:9,21 proceeding 19:18 61:6 proceedings 1:19,23 99:2 248:1 249:7,13 process 17:21 99:1 104:9 110:15,17 113:19 122:7,15,19,25 123:9,14,18 164:18 193:6 processed 11:20 procure 161:13 181:20 246:17 produced 51:13 producing 144:14 products 215:14 professional 94:12 97:16 profitable 21:18 programmer 38:2 prominent 39:4 promised 23:10 promises 23:16
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proof 22:13 44:21 proper 15:21 29:7 41:13 54:14 76:5 95:14 96:15 104:9 107:18,19 116:4 119:11,12 137:5 141:1,3 202:17 214:14 216:2 properly 14:13 15:19 19:13 94:22 123:25 124:4,7 218:24 properties 144:17 239:2,3,5 property 7:13,14,16,17,1 9,20,22,23 8:4,6 116:24 127:2 130:17,21 131:1,6,13 133:16,17,18 136:16 142:17 144:6,9 146:20 147:8,13,18 150:16 154:25 155:2 158:7 159:4 185:17,23 186:3,12,15,17 197:5 207:13 215:2,4,7 240:16,19 protect 123:14 186:13 protecting 122:7,15 prove 46:16 62:14 75:2 76:20 77:4,22 82:16 proved 50:13 provide 25:21 202:8 209:19 237:24
provided 41:7,9 71:14,17 114:3 128:6 202:5 236:2,3 province 85:9 proving 73:12 76:17 84:24 provision 16:16 95:7 provisions 16:11 19:20 public 7:4 35:19,20 56:3,4,6,7,14,16 ,17,24 57:10,19,20,21, 24 58:6,12,15,23 59:2,5,7,11,13,1 4,15,16,24 60:3,9,11,12,16, 17 96:4 118:24 132:25 138:17 215:23 publication 213:1 publicity 121:11 publicly-held 45:6 published 111:21,22 115:25 116:2 118:20 119:9,10 pull 35:4 227:18 pulled 231:2 punishment 182:12 purchased 159:17,20 purely 87:1 purple 30:3 148:19,20 purpose 33:24 45:20 169:17 purposes 69:21 144:17 156:6 161:6
pursuant 58:2 63:10,14 67:25 68:11,25 69:10 72:13 74:16 238:24,25 puts 73:23 putting 170:14 Q qualified 123:25 124:4,7 218:24 qualify 98:17 quashal 27:3 quashing 27:2 question 36:15 44:8,11,19 71:3 72:5 80:21 99:14 101:22 116:4 117:18 120:15 122:11,12 123:10 149:16 157:18,21,22,25 158:3 164:21 165:14 167:15 177:18 180:15 183:16,18 200:4,5,11 201:14 203:12 209:7,8,10 211:15 212:8,10 213:22,24 214:14,16 216:10 217:22 218:21,22 219:13 223:8,23 224:6,20 225:7 235:11,12 240:12 243:25 244:1 questionable 80:1 questions 41:10 51:14 84:2 94:21 101:10 106:2 157:20 178:25 185:8
220:9 quick 102:6 130:19 quickly 24:12 52:6 204:8 quiet 54:25 157:21,24 quit 81:7 220:2 quite 31:3 38:25 40:3 44:6 46:10,12 51:17 80:14 81:20 83:18 89:1 95:23 98:25 119:2 158:1 204:9 213:21 219:5 223:14 224:9 quote 111:15 116:23,25 117:5 R rack 167:25 Rain 68:22 131:24 raise 124:21 143:11 155:16 165:8 raised 55:11 ran 24:11 209:2 Ranch 131:13 Rand 151:7 range 93:12 Ranger 13:22 ranges 98:25 rate 92:15,23,24,25 93:2,3 94:1,7 96:11,14,17,18 97:1,9 98:3 99:12 215:4 rates 91:3,19 93:12,15 95:14,15 rather 41:13
48:1 165:13 217:21 readers 117:2,8 reading 46:25 116:19 205:5 208:1 ready 14:14 15:15 16:4 26:22 27:9,11,13 46:20 54:25 84:16,19 96:7 219:20 220:7 real 24:11 48:15 52:6 73:20 83:17 102:6 130:18 146:20 150:16 204:8 reality 96:9 realize 25:2 really 11:13 15:11 36:17 37:5 39:17 55:19 63:2 71:11 74:18 83:18 85:11 86:9,16 89:18 97:7,12 117:2 120:2 189:20 198:5 200:11 209:1 238:4 239:21 reason 21:2 43:20 47:4 54:15 57:15,25 59:12 89:1 190:6 220:20 reasonable 85:6,13,15 88:3 96:18 99:15,18,21 101:7 108:2 reasonableness 94:17 reasonably 11:5 23:17
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reasons 44:15 recall 15:2 65:2 66:13 228:24 229:2 receipt 51:8 receive 66:1 210:11,12 received 79:12 80:22 106:3 110:14 210:8 recently 142:15,21 recess 25:6 26:24 84:14 158:16 165:8,10 recesses 158:16 recipient 79:8 recite 82:20 recognize 133:2 145:22 153:10 159:3,5,6 194:5 226:24 229:7 recollection 80:23 220:3 record 1:1 5:17 8:8 11:3 17:14 20:11,20,24 27:1 28:13 46:25 49:13,15 50:13,14 51:15 54:14 57:20,21,22 58:15,23 59:2,7,13,14,15 61:4,5,6 71:6 76:7 84:11,13,16 100:4 128:3 130:18 146:16 165:11,13 234:8 236:6 244:3 247:24 249:9,12,16 recorded 80:23 records
5:4,5,8,9,11,12, 14,15,18,20 6:20 7:4,7,8 31:12 32:1 34:9,17,24 35:19,20 49:4,5,7 50:5,6,7,8,19,21 56:4,6,8,14,16,1 8,25 57:3,11,19,24 58:8,12 59:5,11,17,18,1 9 60:7,9,11,12,16, 17 62:5 69:19 84:24 96:4,5 125:24,25 126:13 127:4,5 128:23 132:10,25 136:5 138:12,14,17 139:25 141:8 144:11 150:9 159:3 160:4 163:12,14 193:11 227:17,20 231:3,4 232:10 234:6 235:16,17,23 recover 109:4 recovery 107:5 109:17 red 31:15 189:12 190:9,23 214:21 redacted 101:16 redactions 92:13 101:19,24 redirect 124:12 143:4 152:8,9 220:17 reduction 209:23 reelection 31:3 refer 37:12 40:4 47:8,21 48:17
81:16 126:18 referred 29:11 48:18 51:25 referring 82:6 115:12 116:23 149:18 153:16 154:8,9 162:15 202:18 213:7,12 reflect 17:8 91:18 96:1 reflecting 190:8 202:1 232:15 reflects 92:11 249:13 regard 86:10 95:7 97:10 99:12 103:25 107:8 regarding 87:14 106:4 107:6 109:24 120:21 register 124:1 177:25 registered 42:5 150:13 174:17,18 177:4,6 228:24 229:3,19 242:3 registering 221:12 registrar 5:7 223:3 231:25 Registrar's 69:18 160:14 registration 8:10 31:11 33:19,20 34:9,11,25 35:20 65:15,16 70:22 160:4,20,21 161:1,6,13,23 162:3,4,12,14,2 0 164:16 165:18
168:16 169:17 176:6 177:10,21 178:5 181:6,13,20 183:8 200:7 203:22 218:23 222:18 223:5,12 228:3,14 229:16,23 230:4,18 242:6,25 246:16,18 registrations 232:16 registry 166:20 169:4 regular 43:19 60:20 206:5 223:21 regularly 245:9,10 Reiter 1:20 103:25 125:14 137:12 144:1 178:3 183:12 184:25 186:1 212:22 214:9,11 216:23 Reiter's 3:5 relate 133:4 related 60:18 99:6 113:4,7,13,14,1 7 136:3,8 relating 58:23 95:8 232:16 relationship 97:16,25 relevance 69:13,14,16 71:9 72:3 99:24 115:13,16 117:17 120:14 151:10 200:2 201:12 218:9,14 219:1 relevancy 116:12
203:18,23,24 relevant 70:18 72:11 73:21 89:23 97:23 98:5 107:10 115:18 116:10 117:19,23 216:10,11 218:15 reliability 57:20 Reliant 38:3 relief 16:25 19:17 87:4,12,15,22 95:7,8 rely 53:17 remain 24:13 remainder 240:2 remarks 3:5 remember 14:24 26:7 57:24 87:10 106:6 115:1 121:2 138:4 149:9 158:10 170:24 171:24 173:22 174:8 182:2 187:6,13,15,16 198:15 remembered 82:16 remove 52:1 removed 15:21 52:21 142:23 rent 166:19 repairman 38:21 repairs 37:25 Rephrase 177:14 report 60:4 reported 1:23 249:11 reporter 53:20 61:12 114:4,6,8
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115:8 122:12 157:14 158:12,18 177:17,18 249:3,23 reporter's 1:1 3:22 53:10 249:9,12,16 represent 77:5,9 78:15 representing 28:17 Republican 43:12 171:17 209:1,5 reputation 98:11 request 57:3 58:8,23 59:2,5,7,9,15,18 60:7,9,12,16 85:3 88:7 121:21 requested 51:12 87:16 88:2 94:16 151:19 249:7 requests 60:11,17 96:4 127:3 required 60:4 92:15 94:21 96:19 224:24 requirement 42:12 requirements 40:25 61:21 219:10 requisite 49:9 research 29:17 40:3 94:25 133:17 147:14 researched 110:14 reservation 233:3,14,21 234:10,19 reserved 232:9
236:19,23 237:1 reside 32:12 34:12 69:25 90:9 124:8 164:24 171:10 216:10 resided 31:14 34:6 116:5 117:15 163:22 164:24 232:1 residence 5:4,22,24 6:5,7,8,10,12,14 ,16 8:12,14,17,19,2 2 9:4,7,9,12,14,17 ,19,22 10:4,7,9,12,14,1 8 32:1,4 33:21,23,24 34:1,8,13 35:14,21 36:17 40:25 41:8 44:17 45:22,24 49:4 69:20 70:22 71:22 72:15 96:5 134:5,16 147:1,20 149:13 151:17,22,23 154:7,11,21 161:4 162:8 163:3,12,23 165:22 166:3 168:21 171:3,11 175:21 176:2,17 179:3,4 180:8,9,11,18,1 9,24,25 183:20,24,25 184:3,15,19 199:24 200:16,24,25 201:22 202:5 203:5 204:23 205:10 206:2,4,10 210:10 211:16 214:3 217:25 218:19,22 219:3
221:6,16 222:15,24 224:16 225:1,2,16 228:18 231:4,13 232:2,17,19 233:17 234:6 235:9,16 237:6 240:19 241:13 242:23 243:17 245:11 246:22 247:4,6 residences 44:10 residency 151:12 203:20 resident 23:16 177:9,19 182:4,5 200:6,7 238:16 residential 126:14 residents 117:19 217:2 respect 64:13 109:18 150:4 214:6 216:6 217:24 respectfully 44:2 55:1 60:25 respective 249:14 respond 16:5 24:1 82:12 107:13,14 responded 59:9,10 80:22 88:2 responder 79:9 responding 59:17 71:19 108:4 response 3:8,16 20:5,24 49:6,25 50:2 58:22 59:1,9,10 60:19 70:1 72:12,13 73:3 85:2 101:21
115:3 141:25 219:4 responses 60:12 responsibility 57:13 144:11 responsive 208:25 212:8 213:15 rest 48:15 restraining 86:15 87:3 104:1,4,8,16 109:10,13,14,19 ,20 110:3,11 114:13,20 119:3,4 result 21:10 35:8 77:18 99:22 118:23 results 16:19,24 36:6,11 97:4,8 103:20 118:23 retire 22:2 retired 38:2 return 42:16 174:22,24 175:1,4 178:13,24 179:7 222:20,23,25 223:5,6 245:12 returning 26:25 84:15 165:12 reurge 82:2 revenue 45:11,12 revocation 82:17 Rice 39:2 Richard 1:8 3:19 4:5 5:16 14:5 39:15 152:18,25 153:1 161:2 210:24 Rick 39:15,16 152:13 153:1,3 178:13 180:15
182:17 184:6 185:19 192:4 212:11 246:11 Ridge 45:21 134:15 135:7,9 142:13 150:5 173:5 right-hand 140:5,7 rights 110:15,17 ring 22:19 rings 22:21 Rinker 92:19 93:16 Rinker's 92:24 93:2 Rising 98:16 River 32:21,22 67:12 130:2 Riverway 210:9 RLC 208:22,23 209:7 Rm 249:24 road 2:14 13:19 14:3 29:1,4,7,14,15,2 5 30:4,16 31:18,21 32:4,13,18 33:8,12,15 35:6,9,15 39:25 42:20 43:16,24 45:10,11,16 60:18 80:12 97:22 102:19 103:1 109:19 128:13 144:23 146:14,21 147:21 148:12 149:22 151:20 154:3,14,19,20 173:6,8 210:1 212:15 214:6,11 215:1,8,11,17
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216:6,18 217:12,20 221:5 223:15 roads 29:18 30:15,16,18 roadway 29:16 Robert 1:10 33:10 38:18,19,20,22 39:19 69:20 72:8,24 73:23 127:15,19 132:6 135:19 167:1 218:6 Roberta 5:14 20:1 32:19 67:10 129:21 244:19 Robin 249:3,22 Roden 115:4,8,11 116:19 117:4,5,7,9 120:23 room 18:6 28:12 119:18 166:3,4,8,12,15, 18,19,21 167:4,5,7,8,9,14 ,19 169:23 171:4,12 174:12 176:11 177:11,22 178:1,6,22 189:14 192:15 194:5 199:1 201:22,24 205:25 206:1,24 207:12,20 232:7,9,15 233:23 234:15 235:12,18 236:10,14 237:1 238:14 239:18,23 240:4,9,12 243:2,5,6,7,13,1 7,19,22 244:4,11,12,14,
25 245:1 rooms 243:20 rough 226:23 row 22:2 RUD 6:21 7:7 10:19 24:8 30:9,10 37:16 90:9 103:16,18 110:8 118:8,16,19,20 119:7 120:8,13 133:21 134:5 145:2,17,24 146:18,23 147:2,9 148:21 149:11 150:14,18,23 151:5,8,17 152:4 163:6 171:19 172:4,7 183:21 210:8 212:18,23 213:2 214:18 215:5,6,14,25 216:21 246:9 rule 12:13 13:25 57:18 59:22 60:5 79:5 80:1,17 81:2,16 82:5,15,22,23 94:13 rules 20:25 57:13,16 83:2,7 94:13 96:20 104:12 ruling 61:2 79:18 run 16:19 33:14 43:11 154:14 175:19 179:23 205:11 215:21 running 39:25 98:15 205:17 216:5 runoff 171:18
runs 30:23 S sacrosanct 40:12 safe 225:2 sailboat 241:20 sale 245:19,23 sandwiching 22:14 satisfy 18:21 Saturday 102:6,11 170:8 saw 166:25 172:15 207:18 208:6 213:2 214:23 236:4 242:12 SBOT 2:4,9,10,15 scheduling 14:16,19 Schmidt 49:14 50:20 51:4 school 127:1 158:15 Schwartz 2:16 210:23 scope 59:3 screen 139:24 140:1 193:22 seal 55:11 56:5 60:20 sealed 83:8 search 51:13 127:4,5 132:10 seat 143:17 seated 124:24 152:15 226:6 SEC 224:24 second 31:23 38:9 50:14 54:7,13 95:16 109:8 111:4 115:14 116:19 141:13 Secretary 16:10
17:22 18:19 section 19:16 20:8 41:2 85:4 90:15 159:15 197:2 219:11 238:3,11,18 secure 193:16 securities 39:17,18 193:7 224:13 security 193:1 209:16 seeing 125:3 206:25 seek 46:16 100:1,2 105:10 seeking 19:23 58:22 86:4 89:9 99:25 103:18 107:4 109:4 113:17 116:9 153:25 seem 80:14 84:7 seems 51:23 74:17 86:17 216:12 seen 76:3 96:3 146:6 160:15 207:15 selecting 14:21 Senate 212:4 send 18:18 80:7,8 sender 79:8 sending 57:7 sense 44:16 80:19,24 81:18 82:4 247:21 sent 58:8 79:12 80:19,20,21 separate 149:16 SeptemberOctober 136:17 series 65:6 91:14
serve 16:9 103:1,6,10 served 17:23 113:20 service 37:24 38:21 103:12 services 91:18 93:1,14 94:22 96:22 97:14 98:12 99:15,20 118:14 serving 103:2,6,10,13 104:10 setting 204:16 seven 38:16 44:5 90:13 seventh 98:11 several 12:12 34:16 45:2 142:18 207:8 222:14 severed 87:7 110:20 115:23 sewing 191:7,9,10 shared 107:21 shaving 168:6 185:1 202:8 shenanigan 35:4 she's 157:16 184:2 245:4 shirt 198:8 shocking 213:21 Shoot 33:11 69:8 132:7 shop 215:13 shopping 215:13 short 26:24 35:3 58:18 59:16 88:5,15 165:10 shorter 145:4 Shorthand 1:23 Shortly 87:9
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shorts 168:9 shots 140:2 showed 110:10 222:8 235:3 showing 63:23,24 65:6 75:5 157:3 190:25 202:18 236:6 shown 62:4 63:14 69:18 189:17 194:20 shows 29:24 31:12 35:17 70:8 71:3 72:4 92:14 118:8 185:12 198:5 232:22 233:18,19 235:16,17 shut 81:12 239:18,23 240:4 sic 67:22 sign 81:10 154:16 156:3 158:13 245:23 signature 56:5 153:17 155:5 156:18,20,24,25 157:3,5,6 227:11,12 signed 27:1 33:25 34:3,11 50:6 54:18 56:5 60:19 114:20 161:17 162:19,25 164:9,23 168:15 175:7 183:7 186:7 218:22 221:18 228:15 230:6,10,17 significance 66:2 significances 98:25 Significantly
32:25 signing 181:25 203:21 silence 12:7 silent 24:13 Silly 23:24 similar 66:11,24 67:13 87:15 88:11 93:13,18 96:22 97:13 236:17 Similarly 43:15 simple 83:18 simply 19:20 52:1 59:21 70:20 83:21 145:1 216:11 241:10 243:25 single 164:25 sink 196:19 198:13 201:25 202:9 sir 11:7,8 12:25 13:17,23 14:18 16:14 21:20 22:25 24:2 25:15 27:10,14,17 28:8,13 37:7 41:4 46:14,18 47:2 48:24 51:1 53:19,20,21 55:15 60:23 61:24 63:9 64:15,18,24 66:4,10 67:8 69:15 70:25 72:12 75:24 77:7 78:8 79:2,18,22 83:3,25 84:1,17,22 88:18 92:9 101:9,22 102:2 115:15
124:14 125:8 126:2,10,23 127:9 128:10,22,25 129:8,11,16,22 130:3,9,16 131:10,16,22 132:2,13,19 133:3,25 134:11 135:1,13 136:10,14,18 139:24 142:16 143:3 150:1,24 151:1,3,9 152:12,17 153:12 154:7,9 155:1,6 156:9,14,19 157:12,25 158:23 159:1,5,8 160:16 161:15,21 162:5 163:1 164:14 166:13 168:6 178:10 183:18 189:25 197:25 200:1 204:5 209:10 210:18 213:25 216:16 219:18 221:10 222:2,10 223:16,23 224:6,20 225:25 226:3,7,10,16 227:10,17 228:12 229:12 232:14 233:8,9 235:6,11,19 238:21 244:2 sit 11:12 23:2 28:9 38:6 125:2 199:1,2 sitting 13:11 37:20 42:18 92:19 104:2 186:22 198:13 199:7,12
201:2 205:4,5,22 206:21 207:25 241:16 situation 16:24 six 33:22,23 37:22 44:16 69:21 133:22 134:23 135:2,6,9 149:4 151:23 152:3 161:5 168:20 173:14 174:10 181:15 183:12,19 184:11,15,20 195:16 198:14,25 200:25 204:14 207:13 210:25 218:1 219:16 220:22 228:19 229:24 231:5 232:1 246:24 sixth 97:15 98:10 skill 94:21 skip 139:16 slate 27:7 sleep 184:9 206:5 sleeping 184:7,10,18 sleeps 206:10 slept 167:4,7,8,9,14,1 5 225:13 slide 178:18 slightly 31:19 32:21 74:23 95:21 slip 160:25 small 30:18 90:11 167:24 Software 241:1 somebody 123:2 149:12
166:6 169:24 171:3,12 174:11 176:11 177:11,22 178:6 someone 26:13 57:5,6 61:19 106:13 121:1 123:1,5 136:23 142:21 217:5 sometime 140:2 150:7 somewhat 29:5 42:12 44:12 87:15 somewhere 132:17 133:23 214:23 sorry 14:18 19:11 21:14 67:12 71:1 75:12 77:2 78:21 81:5 88:22 92:3 98:10 102:8 117:11 122:9 126:18 130:13 138:4 139:2 141:5 143:14 154:15 160:25 173:13 175:22 178:15 190:12 213:6 219:19 221:11 223:18 229:12 230:18 233:5 234:17 238:24 243:21 244:24 sort 12:2 59:24 123:6 157:15 200:14 239:20 sorts 191:17 sought 31:3 86:14 87:13,20 88:10 105:19 Sounds 24:25 sources 107:24
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south 30:4 32:21 67:11 129:15 130:1 148:20,21 227:5 southern 33:7 67:1 68:22 132:1 spa 200:24 201:3,5,9,10 speak 12:3 86:24 speaking 57:18 145:14,18 169:6,7 231:10 special 95:7 103:10 specialized 39:11 specific 123:11 151:18 216:15 244:1 specifically 20:9,15 24:5 41:1 51:11 73:1 94:13 105:9 speedy 15:5,6,7 spend 98:5,6 134:16,20 184:7,14 218:7 spending 232:4 236:12 spent 42:21,22 46:24 170:8 217:17 225:15 split 225:16 spoke 97:13 120:24 169:8 spoken 96:22 121:1 spouse 157:7 spouses 13:5 spouse's 157:4 Spring 39:13 square-foot 38:17,24
squarely 85:8 stage 25:20 32:6,7,8 65:2 128:15 stamp 141:21 stand 11:12 16:2 24:18 27:19 36:7 38:19 61:14 73:23 124:20,25 152:16 226:7 standard 92:5 175:15 standardly 97:2 standing 93:22 95:22 97:19 199:10 standstill 15:24 staple 52:18 Star 98:16 start 17:10 24:17,19 76:2 160:13 214:9 219:25 starting 15:13 206:12,14 starts 120:20 state 16:10 17:22 18:20 54:5 57:15 58:7 71:19 81:22 90:20 98:16 122:9 139:17 152:24 161:14 170:9 181:21 186:11 209:4,17 210:4,5 214:20 249:2,5 stated 19:13 54:22 60:24 141:7 162:7 163:25 183:24 statement 3:10,11 20:23 22:10 24:16,18,20
27:12,20 79:10 80:16 82:15 106:18 121:13 161:17 164:10 177:10,20 236:9 246:15 statements 25:7 27:10 84:3 105:25 181:25 states 23:21 24:4 82:17 116:23 statute 16:18 88:4 237:24 statutes 19:17 stay 21:3,25 165:22 231:12,16,19,22 233:23 234:23 235:7,12 236:20 244:17,19,21 stayed 34:19 35:3 163:17 164:4,13 166:6,15,18,21 167:3 169:23,24 171:3,12 174:11 176:10,11 177:11,21 178:4 231:9 232:2 234:14 235:1 236:10,12,18 237:2,5,8,11 241:12 242:22 243:4,7,13 244:10,14,22,25 staying 232:4 234:14 243:17 245:6 stays 206:4 Ste 2:5,16 step 225:23 Stilwell 2:4,5 3:10,13 4:6 6:17 11:7 13:1,2,7,10,14
14:8,16,19,23 15:16 16:13,15,22 18:9,14,22,23 19:9,11,12 20:22 21:4,19 22:6,23 23:1 25:16,18 26:16 27:8,11,18,25 28:6,14,15,16 37:1,12 39:22 41:3,5,24 44:3,6 45:1 46:9,15,19,22 47:3,18,19 48:2,5,22,25 49:24,25 50:5 51:2,8 52:4,9,13,16,21 53:2,9,14,22 54:10 55:5,8 56:3,20 58:14,18 60:6 61:7,16,23 62:1,3,9,13,16,1 7,25 63:4,8,10 64:6,16,19,25 65:23 66:5,11,18,23 67:9,20 68:6,18 69:5,16 70:7,11,20 71:13,17,25 72:3,6,13 73:7,10,23 74:5,12,21 75:11,14,19 76:2,10,12 77:11,24 78:7,9 79:6,14,19,23 80:3,9,18 81:5,8,13,17,25 82:6,10,24 83:3,4,14 84:1,10,18,23 86:11,20,24 88:15 89:7 90:3,6,7 91:25
92:10 100:1,6,13,14 101:15 105:5 108:1 116:9,18,25 117:14 119:14 120:14 121:7 123:14 124:13,16,20 125:1,6,12 126:4,7 131:5 132:20,23 134:9 138:25 139:3,7 141:1,11,21 142:7 143:4,8,21 145:6,9 146:1,4 147:11,24 148:2 149:24 151:10 152:7,9,13,21 153:5,8 156:15,18 157:20 158:2,3,8,20,21, 25 159:1 163:7,8 164:20 165:3,15 166:11,12 167:12,14 177:16 178:2,9,17,21 179:18 181:3,9 183:15 185:8 186:20 189:23 197:21 200:2 201:12 202:15 203:12,14,18 206:7,12 209:6 211:6 212:7 213:5,12 214:13 216:9 218:8,13,20 219:19,21 220:8,11,16,18 221:24 222:3,4 224:3,9
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6/7/2010
225:9,19,25 226:1,8,11,15,2 0 227:24 228:2 229:11,13,15 237:23 238:2,6,10,22,2 3 243:23,24 247:10 Stilwell's 37:16 72:23 190:13 stipulate 15:23 17:7,11 21:10 58:15 stipulation 17:13 18:7 Stone 131:13 Stonecrest 33:3 68:8 Stony 129:5 stop 47:24 111:14 storage 189:12 store 189:10 story 24:19 straight 88:9 stream 200:3 streamline 26:20 street 246:22 stretch 184:11 strike 213:6,16 strongly 230:23 structure 142:12,14,24 student 171:6 179:15 184:2 stuff 11:24 72:4,8 178:16 179:6,8,11,20,2 1,24,25 180:7,8 184:22 187:21 188:6,7,11,18,1 9 189:2,8,17,18
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221:18 231:25 sworn 33:20 56:6 60:19 61:21 62:2 124:19,23 125:10 143:11,13,19 152:14,19 155:5 164:9 226:4,5,18 Sybil 5:8 20:1 31:17,22 63:21 64:20 244:17 Sycamore 32:20 67:10 129:25 System 144:14 Systems 144:6 T T.V 175:15 193:22 tab 63:23 table 187:24 188:21 199:13 tacked 65:13 tactic 123:6 tag 214:23 taking 96:6 165:8 195:23 201:19 202:1 206:20 talk 23:2 24:24 27:8 44:24 110:25 111:3,24 142:12 168:19,22,24 170:14 179:19 206:3 217:4 talked 33:5 169:16 176:1 talking 19:17 30:15 49:18 58:6 81:7 95:21 106:12 109:25 111:18,25 116:9
(936) 538-8127
6/7/2010
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136:8 181:9 205:14 224:21 third 28:21 96:19 111:8 141:13 Thirty 211:14 Thomas 1:9 5:17 8:10 33:2 37:20 68:8 131:9 thoughts 16:14 22:7 41:24 158:9 throughout 95:1 240:1 throw 89:4 thrown 168:10 thumb 65:12 Thursday 100:16 ticking 17:10 tights 194:8 tile 38:5 till 247:14 time-out 158:13 timewise 15:10 tired 42:19 title 125:17 144:4 today 15:8 16:8 17:8,10 18:20 28:17,18,25 70:19 88:7 93:6 115:24 121:14 135:12 180:2 218:21,25 toiletries 168:5 170:14 177:1 191:18,20,22,23 Tom 33:4 37:21,23 167:1 199:14 204:16 207:7,15 218:3 234:8 244:22 Tomball 173:11
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(936) 538-8127
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113:22 114:15,18 183:8,10 203:7 229:22 249:6 truly 48:15 77:5,9 249:13 trunks 201:8 truth 36:17 try 12:10 31:5 35:4,7 36:9,15,23 123:19 169:10 194:18 213:22 trying 15:13 22:21 26:19 31:13 41:17 77:4 83:5,6 117:7 170:24 202:22 T-shirt 73:25 168:9 Tuesday 102:10 187:16 turn 26:7 116:21 160:9 187:18 turned 86:23 twist 217:5 two-page 50:17 TX 2:6,12,17 249:24 tying 73:5 74:8 type 95:3 191:22 types 46:10 87:19 U U.S 39:6 90:21,23 174:22 182:4,8 Uh-huh 162:24 187:20 191:14 235:25 ultimate 88:11 ultimately 35:1,25 36:5
59:12 91:10 93:20 94:9 96:9 98:23 99:14 107:17 Um-hmm 232:12 unable 13:4 uncool 18:1 understand 20:24 23:20 54:2 73:17,22 74:1,24 75:1 79:24 80:1 82:3 86:7 87:23 131:14,25 161:12 175:18 181:19 184:19 212:19 230:21 246:16,18 understanding 20:2,4 21:9 79:25 134:23 169:22 understood 62:15 158:1 167:6 Underwood 11:12,15 Unfortunately 198:4 246:4 United 23:21 24:4 151:2 University 39:2 43:9 unknown 95:2 unless 24:18 28:4 40:12 61:19 77:22 82:17 205:17 219:24 unofficial 36:6 untoward 119:13 untrue 177:9,20 unusual 245:5 update 111:5 230:13
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36:19,22 64:9 91:2 94:16 98:13,20,24 various 63:16 75:20 84:24 87:6,13 92:12 93:7 96:3 107:22 146:10 239:2 vehicle 174:15,16 vehicles 241:23,25 verified 146:17 verify 147:8 149:6,10 150:8,17 156:21 version 58:19 59:16 88:5 vibrate 22:20 view 115:18 233:17 viewing 56:24 vis-a-vis 18:8 visit 18:5 23:7 199:2 247:23 vitamins 196:23 voice 11:5 voir 3:12 4:2 70:3,5 203:12,13 Vol 3:3,12 4:2 5:3 6:3 7:3,11 8:3 9:3 10:3 volition 42:11 44:18 volume 1:1 3:2 249:9 voluntarily 44:19 135:14 217:8,9 volunteer 45:24 170:9 volunteered 211:20
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vote 30:10,11 33:15 36:18 40:2,25 43:24 123:15,17,21 124:1,2,4,8 150:13 171:15,21 176:2 180:13 182:24 216:22,25 219:4 228:25 246:8,12 voted 29:25 30:1 33:11 35:6,22,24 36:2,4 42:4 45:17 78:16,17 80:12 81:23 83:10,17,20 106:12 171:17,19 246:10 voter 5:7 8:8,10 34:11 83:10 161:13 164:15 181:6,13,20 183:8 218:24 223:3 231:25 voters 30:18 35:11,13 36:3 83:17 123:20,21,24 124:8 203:21 208:25 voter's 31:11 33:18,20 34:25 35:19 65:15 70:21,22 72:15 160:4,19,21 161:1,6,23 162:3,4,12,14,2 0 165:18 168:16 169:16 176:5 177:10,20 200:6 203:21 218:23 222:18 228:3,14 229:16,23 230:3,17
246:16,17 votes 35:12 40:11,15,20 42:6 87:18 107:18 117:16 voting 35:11 69:21 122:23 123:2,8,19,22 124:10 169:18 229:3 vs 1:7 14:3 71:19 94:15 W wait 25:6 194:19 waiting 11:19 wall 37:20 189:19 warnings 3:9 23:11,22 24:7 warranty 141:15 washer 173:24,25 174:2 214:3 washing 65:19 191:3,4 wasn't 17:22 35:2 85:20 99:10 113:16 130:24 162:5 169:14 224:20 235:11,21 245:23 247:5 watchdog 212:25 watching 13:11 26:7 Waterway 119:17,20,22,25 120:1,5,6 ways 36:20 43:13 wealthy 45:1 wear 192:4 website 138:14,16,20 week 85:24 198:16
199:19 204:24 206:11 208:3 weekend 199:22 weeks 108:6 187:17 211:20 245:20,21,23 weight 54:20 welcome 23:7 61:10,20 125:4 240:13 we'll 29:23 30:8 36:20 117:1 157:20,24 158:23 165:8 219:11,22 246:1 247:24 well-known 39:18 wellness 173:11 we're 18:20 19:17 26:25 28:25 30:20 34:8 47:25 51:8 66:2 70:19 71:8 86:4 93:22 95:21,22 110:8 115:18 117:21 165:24 182:2 205:8,22 211:14 215:15 234:1 West 43:9 Westview 39:3 we've 51:12 84:7 202:15 223:1 227:4 whatever 17:9 27:22 40:18 57:19 97:8 150:6 220:13 whatsoever 203:20 219:1 wherein 78:15 87:13 wherever 28:3
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wildly 81:25 willing 23:14 217:2 Willis 38:15 win 37:15 87:17 window 206:24 Winton 1:5 14:10 28:21 102:17 wish 21:25 241:22 wishes 28:23 withdraw 58:16 77:23 92:6 120:15 132:14 137:2 withdrawal 132:11 withdrawn 5:25 6:25 7:25 8:25 9:25 10:25 witness 4:1 28:9 46:17,21 61:8 70:3 72:18 73:11 75:2 76:8 77:20,22 78:1 79:11 101:8,9,23 110:2,22 112:3 115:13,16,21 118:18 122:16 124:11,15,17,23 ,24 125:8 126:5 132:21 134:9,10,11 137:24 138:1,9 141:6 142:1 143:2,3,7,9,13,1 5 145:7 146:2 147:25 149:24 152:6,12,14,16 153:6 155:9 156:15 158:22 165:2,14 178:9,10 183:19 189:22 219:17,18
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220:9,12 225:20,25 226:5,6,9,11,14 247:11,12,18 249:18 witnesses 3:12 12:12,24 14:22 53:16 181:8 231:3 women's 192:4 won 87:17 209:3 Woodlands 2:6,12 13:19 14:3 29:1,4,7,11,16,1 9 30:5,7 31:20 32:12,13,17 33:7 35:6,15 37:23 39:23,25 45:3,8,10,13,22 66:14 67:1 68:22 80:12 90:8,15 102:18 119:18 120:9 129:5,13,15 131:24 132:1 144:23 145:2,17,24 146:18 147:9,21 148:12,20,21 149:2 150:18 151:20 154:3,14,19,20 171:21,23 181:15 210:1,25 212:15 214:6 227:5 Woodloch 2:5 work 15:10,12 27:5 28:3 45:8,13 91:11 92:12,14,15 93:8,18 95:24 96:2,7 97:20 101:3 109:5 113:10 144:11 147:19 152:1 193:9 210:6
219:22 220:5 worked 11:17 90:11 121:24 125:20 144:7 working 15:2 38:11,21 43:7 53:11 144:8 works 37:23 45:9 Worldwide 232:21 233:19 worth 94:6 225:17 241:12 Wow 198:5 writ 114:22 write 17:13 18:7 157:17 writing 133:10 249:8 wrong 36:8,9 81:25 124:3 223:6 243:18 wrote 165:16 Y y'all 17:7,11 23:7 26:19 47:25 48:4 71:4 166:14 167:19 169:9,15,16 176:1,2 204:19 205:19 214:4 219:24,25 247:25 y'all's 247:22 yard 197:3 yellow 31:15 yet 11:13 78:23 101:1 109:1,4 113:9 172:19 174:21 201:10 Yollick 2:9 3:11 11:8 12:15,16,18,22 16:2,3,16 17:5,15,16
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(936) 538-8127

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REPORTER'S RECORD; GENE MILLER, et al vs.

(TRIAL ON THE MERITS) - Vol. 4

MONTGOMERY COUNTY, TEXAS

------------------------------(TRIAL ON THE MERITS) --------------------------------

Robin Cooksey, CSR, RMR

Official Court Reporter - 410th District Court

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

ALPHABETICAL WITNESS INDEX Cross Voir Dire Vol. 4 4 4 4 4

226 125 152, 220 143 62, 75

134 178, 204 150 101

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

EXHIBIT INDEX (Continued)

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

EXHIBIT INDEX (Continued) OFFERED 55 ADMITTED 61 VOL. 4

OFFERED 197 197 197 197 197 197 197 197

ADMITTED 197 197 197 197 197 197 197 197

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

EXHIBIT INDEX (Continued) OFFERED 203 ADMITTED 204 VOL. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

EXHIBIT INDEX (Continued) OFFERED 203 ADMITTED 204 VOL. 4

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

Can everybody hear

Probably down the hall and the

20 processed so that I'm legal. 21 alien.

Being from Limestone County, of course, I've got

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

13 the Rule will be invoked?

Is that likely or -- or how

And on your side, sir.

Official Court Reporter - 410th District Court

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

13 1 MR. STILWELL: And, Your Honor, James

6 are entitled to be here. 7 MR. STILWELL: That's fine. And I have

I don't know who the other

25 needs to be placed under the Rule, I hope you would tell

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

14 1 me. 2 This is Cause No. 10-05-04951-CV. The

Because I thought that we were going to be

24 that's not a problem. 25 barely.

I -- I can remember -- just

I've been doing this job, man and boy, for 32

Robin Cooksey, CSR, RMR

REPORTER'S RECORD; GENE MILLER, et al vs. RICHARD McDUFFEE, et al

(TRIAL ON THE MERITS) - Vol. 4

2 grow up, and I'm working on that.

And what says the District? Your Honor, if the trial

24 standstill until the conclusion of this trial. 25 THE COURT: