Driscoll vs. Busch, Dec 17, 2014

FAMILY COURT FOR THE STATE OF DELAWARE
KENT COUNTY
COURTROOM 6
------------------------X
IN THE MATTER OF:
PATRICIA P. DRISCOLL,
Petitioner,
File No.:
CK14-02747
Petition No. :
14-30621
Vs.
KURT T. BUSCH,
Respondent.
------------------~-----X
Transcript of Proceedings
.
December 17, 2014

.
_I-~
KENT COUNTY FAMILY COURT

400 Court Street
Dover, DE 19901
COMMISSIONER DAVID W. JONES,
Judge
The owner of this transcript will not copy, alter, transfer or

otherwise use in an inappropriate manner.
Inappropriate use
includes, but is not limited to, using this transcript or the
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gain.
INDEX
W I T N E S S E
~:
PETITIONER:
WITNESS
DIRECT
P. Driscoll
Rodriguez
K. Busch
w.
43
85
CROSS
53
RE
DIRECT
3
68
RE
CROSS
V.
D.
32
72
RESPONDENT:
WITNESS
DIRECT
CROSS
RE
DIRECT
RE
CROSS
M. Domcheff
129
180
205,251
226,259
v.
D.
E X H I B I T S
PETITIONER:
IDENTIFICATION
8
9
DESCRIPTION
Top Ten Texans in Racing
Athlon Sports article
Dated 2/10/14
Text message October 5
between Mr. Busch and Ms.
Driscoll
10
RESPONDENT:
IDENTIFICATION
8
9
10
11
Pictures
Pictures
Pictures
Pictures
DESCRIPTION
of
of
of
of
motor home
motor home
motor home
motor home
I. D.
IN EV.
21
23
22
26
118
118
I. D.
223
223
223
223
Ubiqus/Nation-Wide Reporting & Convention Coverage

22 Cortlandt Street- Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
IN EV.
223
223
223
223
PROCEEDINGS
THE CLERK:
The State of Delaware Family Court
- - Hon. David Jones presiding in the matter of Driscoll
v. Busch.
Please be seated in the courtroom.
MALE VOICE:
THE COURT:
Good morning, Your Honor.

Good morning, everyone.
We're back
on the record in the matter of Driscoll v. Busch.
we left the proceeding Ms. Driscoll was on the stand.
8
9
10
MS. MCNEICE:
Yes, Your Honor.
When
It's my
understanding that I'm now to continue with our case on

redirect.
11
.
THE COURT:
12
swear Ms. Driscoll.
13
McNeice?
Yes, ma'am.
There's no need to re-
She's still under oath, ma'am.
Ms .
14
MS. MCNEICE:
15
P A T R I C I A
16
REDIRECT EXAMINATION
18
BY MS. CAROLYN McNEICE
20
21
Good morning.
D R I S C 0 L L, having been
first duly sworn, testified as follows:
17
19
Thank you.
Q:
Good morning, Ms. Driscoll.
I'm going to hand you a
document.
A:
Yes, this is my request for order for protection,
22
and it's my request to ask for a psychiatric evaluation and
23
for treatment for Kurt.
24
Q:
And whose signature is on that?

Phone: 212-346-6666 *Fax: 888-412-3655
REDIRECT EXAMINATION OF P. DRISCOLL BY C. McNEICE
A:
Mine.
MS. MCNEICE:
take judicial notice of Ms. Driscoll's signature on Page
5 of her petition for order of protection from abuse
filed in this Court on November 5th.

THE COURT:
that the document was affirmed.
Q:
And did you read it before you signed it?
A:
Yes, ma'am.
10
Q:
Let's review some of the testimony and the comments
11
that were made yesterday with Mr. Hardin.
12
Busch was asleep when you entered the motorhome on September
13
26th.
15
He asked you if Mr.
What's your recollection about that?

A:
He was not because he yelled immediately and said,
"Who the fuck is here?"
16
Q:
Okay.
17
A:
So he wasn't asleep.
18
THE COURT:
Well, you're not really sure
19
whether he was asleep before he yelled that though.
20
A:
[Interposing]
Right.
opened the door is he was not because he immediately
22
responded.
24
It wasn't minutes.
THE COURT:
Q:
He--
But my recollection when I
21
23
i
Yes, I certainly will take notice
14
Your Honor, I ask this Court to
'~/
Okay.
Okay.
Can you--strike that.
Mr. Hardin provided

Phone: 212-346-6666 * Fax: 888-412-3655
you with a printout with some texts and comments from Mr.
Busch's mother.
A:
Yes.
THE COURT:
Do you have them?
Q:
Ms. - -
, we may need the exhibits.
I'm referring specifically to a document that's
referred to as Respondent's 1.
A:
Okay.
THE COURT:
Thank you.
10
Q:
Did you contact her?
11
A:
Yes, I did.
12
Q:
And why did you do that?
13
A:
She and I have had a lot of discussions, as well as
14
his father, as far as Kurt's alcoholism.
15
MR. HARDIN:
Your Honor, excuse me.
I'm going
16
to object to her talking about what they said to her.
17
have no objection to her talking about what she said to
18
them.
19
THE COURT:
Certainly.
Certainly.
That
20
objection is noted, and obviously we'll deal with the
21
issues as they arise.
22
_)
MS. MCNEICE:
Okay, thank you.
23
Q:
What did you say to her?
24
A:
I notified her like I have many times in the past

Phone: 212-346-6666 *Fax: 888-412-3655
when Kurt has fallen off the wagon that he had fallen back
off.
said that--
And she acknowledged that she already knew that, and
THE COURT:
that is sustained, ma'am.
A:
The objection to
I'm sorry.
THE COURT:
Because Mr. Busch's mother is not
present to testify what she said to you is hearsay--
A:
[Interposing]
10
[Interposing]
THE COURT:
Okay.
--and not admissible in Court.
Mr.
11
Hardin has objected to that, so we can only really hear
12
about your side of this conversation--
13
A:
[Interposing]
14
THE COURT:
Okay.
--at this point and what you said
15
and maybe why you said it.
16
testify about what Mr. Busch's mother said to you.
17
A:
Okay.
But we can't really have you
I told her that he had fallen back off the
18
wagon again, and that we really needed to do an intervention,
19
that I had spoken to his doctor again and the doctor wanted us
20
to do a family intervention this time.
21
Q:
Okay, again, the doctor is not here.
22
A:
Okay.
23
Q:
Just tell us what you told--
24
A:
[Interposing]
I'm telling you what I relayed to

Phone: 212-346-6666 *Fax: 888-412-3655
her.
Q:
Okay.
A:
And this was that I had had the conversation with
the doctor, and that we should do a family intervention this
time, instead of--you know, this has been me, and I said I
really need her support this time.
And she said--
Q:
[Interposing]
A:
I'm sorry.
Q:
All right, now let's back up.
You can't--
You indicated that
10
you had spoken with his doctor.
11
appointments with Mr. Busch with this physician in the past?
Had you attended medical
12
A:
Yes, I have.
13
Q:
And were you present when Mr. Busch spoke with this
14
physician in the past?
15
A:
Yes, I was.
16
Q:
Okay.
17
18
And there is another exhibit, Specifically-MR. LIGUORI:
Q:
19
20
The number is?
21
Q:
23
24
I'm sorry, Carolyn, I apologize.
I haven't gotten there yet.

MR. LIGUORI:
Q:
Question?
You were asked-MR. LIGUORI:
22
[Interposing]
Oh.
Okay.
There are other exhibits and we will get through
each one of them.
Ubiqus/N ation-Wide Reporting & Convention Coverage

Phone: 212-346-6666 * Fax: 888-412-3655
THE COURT:
Okay, but we need to know which one
you're talking about at the time you talk about them.
MS. MCNEICE:
THE COURT:
Q:
I will advise the Court.

All right, thank you.
Okay, let's talk about a screen shot that you
testified to that you had sent to the motorhome driver.
is that person's name?
A:
Michael Domcheff.
Q:
Dun?
10
A:
Domcheff.
11
Q:
Domcheff.
12
A:
Yes.
13
Q:
Okay.
14
What
And is he here today?
And tell me why you sent him a screen shot.
Well, first tell me what you sent and the time you sent it?
15
A:
I don't have my--I think you've got copies of them.
16
Q:
Okay.
17
A:
It was September 26th.
18
Do you recall the date and time?

I believe it was about 6:30
p.m., 7:30, somewhere around there.
19
Q:
All right.
20
A:
He and I had had conversations earlier.
Tell me why you sent him something?
21
okay to talk about him since he is here?
22
with him?
23
THE COURT:
24
MR. HARDIN:
Today is it
My conversations
I'll wait for an objection.

I have no objection.

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~\
THE COURT:
Okay.
You may.
Q:
Go ahead.
A:
He and I had had conversations earlier that day
about Kurt, and he was very concerned about him.
And said to
me that he had not eaten anything.
stayed in the motorhome; he looked very pale; he looked really
ill; and looked really upset.
-he knew that we had had a fight in New Hampshire because he
got cussed out by Kurt when Kurt and I jumped off the golf
You know, that he had just
And I told him that we had had-
10
cart.
11
that he had been yelled at by the team manager in the morning
12
for his conduct to other guys on the team for the way he
13
screamed at them in New Hampshire.
14
said that Kurt had a really bad qualifying, and he had been
15
keeping me informed all day as to Kurt's progress and Kurt had
16
a really bad qualifying, and that Kurt had melted down after
17
qualifying.
18
talk to any of the Stewart-Haas team members they way he had
19
spoken to them, he then melted down on the crew chief calling
20
him a fucking idiot, quote, unquote.
21
Custer for the same thing, the team manager.
And he said that Kurt was really having a bad day, and
And then he yelled--he
And then even though he had been warned not to
22
MR. HARDIN:
Excuse me.
And also screamed at Joe
Just to be clear, is
23
she testifying as to what this gentleman told her?
24
A:
Yes.
This is what he's telling me.

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
10
Yes, it's important that we
distinguish between what you observed and heard then, and
what--
A:
[Interposing]
6
7
THE COURT:
A:
10
Okay.
So this is what he is relaying to me that he
observed that day.
8
9
I was not there.
THE COURT:
Q:
All right, so with regard to the screen shot, did
this relate to some interaction you had had with Kurt?
11
A:
Yes.
12
Q:
And what was that?
13
A:
This was my concern about him laying on the floor,
14
and I asked Mr. Domcheff if he would drive by to see, you
15
know, if he was okay.
16
going and knocking on the door to check on Kurt, but he kept
17
driving by to see if Kurt's car had moved at all.
He said he felt uncomfortable actually
18
Q:
Okay.
19
A:
And then I had askedhim about, you know, I said
20
what should I do.
21
of his family and suggested I come out.
22
23
24
Q:
And he said he needs the love and comfort
Okay.
THE COURT:
Okay, so this is Petitioner's 1
that you're referring to the exhibit that has the screen

Phone: 212-346-6666 *Fax: 888-412-3655
shot of the text message that--
A:
[Interposing]
A:
Q:
THE COURT:
Okay.
THE COURT:
Yes.
6
7
Yeah, where he says I'm laying on the
floor crying.
4
5
11
Can you define some terms for us, or those of us
that aren't knowledgeable about NASCAR?
A:
Yes.
10
Q:
What is a qualifying?
11
A:
Qualifying is the--usually it happens on a Friday,
12
and it's when all the cars go out for a best time and it will
13
determine their position to start the race.
14
Q:
I see.
15
A:
That qualifying went very poorly.
16
Q:
Okay.
17
And it was your understanding that?
THE COURT:
18
Domcheff told you?
19
A:
Yes.
20
21
22
23
24
THE COURT:
A:
started.
Q:
And that was based upon what Mr.
Okay.
Well, and then there's the results of where he

You can go look that up online, too.
Okay.
Mr. Hardin asked you about a prior physical
assault by Kurt and you indicated that, yes, there had been

Phone: 212-346-6666 *Fax: 888-412-3655
one.
Can you give us the date of that assault if you recall?
A:
It was in 2012 in the summer time.
Q:
Where did this assault occur, ma'am?
MR. HARDIN:
answer.
I'm sorry, I couldn't hear that
The first answer?
THE COURT:
MR. HARDIN:
The summer of 2012.

Thank you.
A:
It occurred at Kurt's home.
Q:
Where is that home located?
10
A:
That was the home that he owned prior to buying this
11
12
one.
It was on ...
12
Q:
And did you go to the police about that assault?
13
A:
I did not.
14
I threatened to go to the police that
night.
15
Q:
But you did not follow through with that threat?
16
A:
No, I did not.
He ran away from the house after
17
assaulting me.
18
And then I--you know, he said he was scared that I had--
19
because I had threatened to call the police he ran away.
20
I asked him to come back and come deal with this.
21
saying, "No, because I am afraid that the cops are sitting
22
there waiting for me."
23
said that.
24
and I have a big target painted on me, and--
And we exchanged a bunch of text messages.
And
And he kept
And in the text message exchanges it
You know, this is just bits of my history of abuse

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
Busch--
A:
[Interposing]
4
5
6
THE COURT:
A:
[Interposing]
THE COURT:
To me.
--referring-We're texting back and forth while
--to you?
Okay, but the me you're
talking about, where the text says this refers to my
history of abuse, meaning your history of abuse?

A:
No, his history of abuse.
11
12
Okay, this is a text from Mr.
he's gone.
10
THE COURT:
Q:
Okay.
With regard to Mr. Busch's reputation when you
13
started your relationship, Mr. Hardin asked you about this,
14
and your response was that he was a bad boy.
15
A:
Yes.
16
Q:
And that was in what year?
17
A:
2010, 2011.
18
Q:
Okay.
19
20
13
And what steps did you take to help him
change that reputation?

A:
When he got fired from Penske I was involved in
21
telling--working with Kurt's attorney and the PR firm that the
22
attorney had hired at the time out of D.C., and I happened to
23
have met the guy on a couple of occasions for other crisis
24
management stuff; he does things on the Hill.
And worked with

Phone: 212-346-6666 *Fax: 888-412-3655
14
them to help create a video where Kurt, you know, basically
was apologetic about his behavior, saying he wanted to restart
his career and his life.
the damage at that point.
Fenske to not have a--say that Kurt was fired, but to say that
it was a mutual split and in agreement Kurt would not sue them
for any kind of breach of contract.
this, and they came out and said that in the media.
know, we started to build the plan from there.
You know, I was trying to build from

I convinced the attorney to ask
And Fenske agreed to

And, you
I helped Kurt
10
interview some PR firms that we thought might help him at the
11
track because he got hired by Phoenix Racing, a very low
12
budget team that does not have any PR representation, so Kurt
13
decided to hire a firm, and we were going to work together.
14
And that was Triske [phonetic] Communications, to try and help
15
fix this problem.
16
I was going to try and fix a lot of the other issues because
17
of my relationships with some of the other national media.
18
And he had a few incidents in 2012 where he was fighting.
19
threatened a reporter.
20
He tore up papers. Screamed at the media, had altercations
21
with drivers on and off the track, running through people's
22
pit boxes with his car, you know, almost running over crew
23
members.
24
on probation for that action by NASCAR, and fined.
But they were going to manage the ad track.
He
He got--he threatened a few reporters.
He was suspended for that action by NASCAR.

Phone: 212-346-6666 *Fax: 888-412-3655
Or put
And then
15
he was suspended when he threatened the reporter at Dover,
threatened to kick his ass, and there was a video of that.
at that point I really kind of stepped up the game and helped
Kurt rebuild his image.
or not he even wanted to race any more, if he was just going
to continue this, because I told him that I couldn't continue
to be in a relationship with him if he didn't get some help
and change.
Q:
10
11
So
And we had a long talk about whether
And what was his response to whether or not he
wanted to continue to race?
A:
He said he wanted to race, and the conditions I set
12
on him back then were that he would go see this doctor that I
13
had set up. and that he would start taking his medications for
14
depression and he would stop drinking and clean his life up.
15
And he did.
16
worked a lot of PR events, the Outlaw show, this NBC 36, I
17
pretty much ran the double, all the media on it.
18
was constantly plugging and placing him in to try and slowly
19
rebuild it.
20
with my foundation so that people see that he's there helping
21
the troops, and to help rebuild his brand.
22
23
24
Q:
And then we started to build from there.
You know, I
I had him doing a lot of volunteer activities
Okay.
And you indicated you had not seen Kurt since
September 26th, is that correct?

A:
And I
That is correct.
Phone: 212-346-6666 *Fax: 888-412-3655
Q:
16
And with regard to any text communication, for
instance, the texts that we discussed yesterday including
those from September--excuse me--October 13th and I believe
October 19th--18th that are referenced in his Exhibit No. 2,
who initiated those?
A:
He did.
Q:
Mm-hmm.
A:
I had not been at the track.
Q:
Okay.
There's no question pending at this time.
10
And outside of this one event that you attended, you discussed
11
an event in Las Vegas beginning of December?
12
A:
Yeah.
13
Q:
Do you know of any other time that you've actually
14
15
been even anywhere close to Mr. Busch?

A:
I have not, but I have not been able to do my job
16
because I have troops at the track, and I have the wounded
17
troops there and I'm supposed to be at the races with them.
18
I'm supposed to be talking to people that are my sponsors for
19
my foundation.
20
I had a relationship with NASCAR before Kurt, and two-thirds
21
of the races that are attended--or that go on for the year,
22
two-thirds are attended by me and my troops and my foundation
23
and I have an obligation to be there.
24
Q:
This is a big part of my job.
And, you know,
Okay.

Phone: 212-346-6666 * Fax: 888-412-3655
A:
And I have been afraid to go.
Q:
I understand.
_)
On this document that is referred to
as Respondent's 2, Mr. Busch referred to his job being in
jeopardy.
Did you ever put his job in jeopardy, ma'am?
A:
No.
Q:
Okay.
17
THE COURT:
Well, I guess, are you aware of
anything that you've done, other than obviously filing
this complaint, that may have--well, are you aware of
10
what Mr. Busch was talking about when he alleged that you
11
had placed his job in jeopardy?
12
A:
No, I wasn't, and those were some of the text
13
messages I was telling you yesterday I thought were missing
14
from the--Mr. Hardin's papers that he gave me because I found
15
the rest of them.
16
them in because there was actually a lot of communications
17
there that make it very clear that Kurt is very aware of the
18
assault and he was scared that I was telling people about it.
And I would like the opportunity to bring
19
Q:
And those are?
20
A:
Those are text messages between him and myself.
21
Q:
And what would have been the date of those text
22
messages?
23
are listed in--
24
A:
Do you recall?
[Interposing]
Their dates other than those that
I brought them in.

Phone: 212-346-6666 *Fax: 888-412-3655
-~~"
Q:
Okay.
We'll look through those then.
18
You were
',
shown a video that you made called "Pocket Commando."
recall the year in which this video was made?
A:
2008 and '09.
Q:
And was this made before you knew, or had a
Do you
relationship with Kurt Busch?
A:
Yes.
Q:
And was this video ever released for general viewing
in public?
10
A:
No.
11
Q:
Did you ever agree that it could be released or
12
13
posted anywhere?
A:
No, when I saw the cut of it I didn't like it.
It's
14
not what I had been sold that this was going to be, and I
15
refused to move further with the project because I despised it
16
and I felt like it was--a lot of things were cut up in
17
accurately, and cut and paste.
18
to be off camera that were just jokes ended up in this sizzle
19
real and I didn't like it, so I refused to move on with the
20
project.
And things that were supposed
21
Q:
Okay.
22
A:
And somehow it ended up on TMZ yesterday, and with
23
comments from Kurt's team, I don't know, immediately following
24
the hearing here.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
On TMZ?
A:
Yes.
Q:
Mm-hmm.
A:
And it specifically says Kurt's team.
Q:
Okay.
We--strike that.
document that was admitted yesterday.
Respondent's 6, a letter from Mr. Petecio (phonetic) to an
attorney that Mr. Busch had retained at one time.
know if it's still his attorney.
It's been marked as
10
A:
Yes.
11
Q:
Relates to some financial matters.
12
A:
Yes.
13
Q:
Okay.
14
A:
No, we haven't even discussed them yet.
15
Q:
Okay.
16
19
I don't
Have those financial matters been resolved?
Have you removed your items from his home in
North Carolina?
17
A:
No, I have not.
18
Q:
And I think we asked this yesterday, has he removed
19
his items from your home in Maryland?
20
A:
No.
21
Q:
How about his car?
22
A:
Nope, it's still sitting right in my driveway.
23
Q:
Okay.
24
A:
None of these--you know, we were all but married in

Phone: 212-346-6666 *Fax: 888-412-3655
(_--,,\1
20
a sense, and you know, in breaking up there's a lot of things
to divide.
together.
his home that was mine prior to our relationship.
there's a lot of things that have to be settled, but we didn't
even discuss that.
actually been made yet.
As I said yesterday, we've got a lot of things

I have property that is sitting in his office and
I mean,
No settlement sheets, no requests have
Q:
Okay.
A:
Because I wanted to make sure that the waters were
10
not muddied with any financial anything because I make, you
11
know, a few hundred thousand dollars a year.
12
fine.
13
support of Mr. Busch.
14
any of that or the utilities.
15
in my mansion and I paid all of it.
16
have a house at one point for about nine months.
I pay all my bills.
I'm more than
I always have, and not with the
I pay my own mortgage.
He's never paid
He lived there for four years

He never--he didn't even
17
Q:
Okay.
18
A:
And he lived there, but--
19
Q:
[Interposing]
20
A:
He lived in my home in Maryland.
21
Q:
Okay.
22
A:
And I also own a million dollar building downtown in
23
24
Capital Hill.
Q:
Okay.
And he lived where?
And he does not pay for that either.

Did you ever go to any media organization,

Phone: 212-346-6666 *Fax: 888-412-3655
"-"
21
any publication, any online publication that where you said to
them on the record I have remade Kurt Busch?
A:
No, I did not.
Q:
I hand you a document.
before?
A:
Have you ever seen this
Can you identify it?

Yes.
This is Athlon Sports.
I don't even know or
have ever met a Vito--I'm sorry if I butcher his name--
Pugilese [phonetic].
something that they put out that says racing's most notable
I have no idea who he is.
10
Texans.
11
Q:
Okay.
12
A:
And I am listed as No. 9.
But this was
And it was Top 10 Texans in all of racing.
And i t says,
"Okay, this
13
peculiar selection, but honestly who is the real hustle behind
14
Kurt's muscle"?
15
MR. HARDIN:
16
THE COURT:
17
MR. HARDIN:
18
Excuse me, what exhibit is this?

It's not an exhibit yet.
Excuse me, I don't understand what
we're doing.
19
MS. MCNEICE:
20
MR. HARDIN:
Urn-[Interposing]
Excuse me, I don't
21
understand what we're doing here.
We're reading
22
something.
It hasn't been
23
offered.
24
It's not in evidence.
THE COURT:
All right.
I think she was asked

Phone: 212-346-6666 *Fax: 888-412-3655
22
to identify it, and the witness probably overstepped her
bounds a little bit.
A:
Oh.
THE COURT:
So you can't really actually read
from the exhibit ones until it's been admitted.
I can't hear it until it's been admitted.
A:
8
9
10
out of the bag.
bag with me.
Thank you, Judge.
FEMALE VOICE:
It's marked as Petitioner's--I
believe I--it will still be called the next number.

MR. HARDIN:
What exhibit number?
Excuse me,
ma'am, it's 8?
THE COURT:
Petitioner's 8.
Okay.
It will be
admitted as Petitioner's 8.
21
[Whereupon Petitioner's Exhibit No. 8 was
22
admitted into evidence.]
23
Q:
24
But there is
also others here.
19
20
Actually the eat's never out of the
I can ignore stuff I need to ignore.
THE COURT:
17
18
Just give me an exhibit number and I
THE COURT:
15
16
Well, it's--you know, the eat's
won't object to it.
13
14
Okay.
MR. HARDIN:
11
12
Because
Do you know if this particular report is out on the
general internet and readily available for anyone to read?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
.Q:
And can you read it for us?
A:
Sure.
23
who's the real hustle behind Kurt's muscle.
El Paso NASCAR involvement goes beyond being the support
system and PR mastermind for the 2004 Champion transformed
into, well, something different than he was a few years ago.
She also rallies the community behind her foundation.
actually has a couple of starts under her Texas-sized belt
10
buckle in the Better Half Dash.
11
8th in 2012."
12
Okay, "This is a peculiar selection, but
13
Q:
Okay.
This lady from
She finished 4th in 2011 and
Did you ask anyone to put that on to the
internet?
14
A:
No.
15
Q:
I'm going to hand you another document.
16
She
I don't even know anybody at Athlon Sports.

Can you
identify it, please?
17
A:
This is another article from Athlon Sports.
18
Q:
[Interposing]
19
A:
I've--yeah, I've seen it before.
20
Q:
Can you provide the date of this article, please?
21
A:
2/10/14.
22
Q:
Okay.
23
24
Do I--
Have you--
I'd ask that that be marked as the next
exhibit.
THE COURT:
Has it been provided to counsel?

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----..,
Okay, Mr. Hardin, do you have a position in regard to
this document or do you need some time to read it, sir?
24
3
4
MR. HARDIN:
I need to be able to read it if
that's okay, Judge.
THE COURT:
That's fine, sir.
THE COURT:
Mr. Hardin, would like the Court to
7
8
9
recess?
MR. HARDIN:
If I could make a qualified no
objection, for the Court to give this the type of
10
consideration you've indicated you would other things
11
that the other side questions the relevance to.
12
a newspaper article, that you haven't seen it, so I think
13
I can safely characterize as they're offering a newspaper
14
article or magazine article that says nice things about
15
the impact she had on Mr. Busch's career.
16
THE COURT:
17
MR. HARDIN:
18
the Court later then so be it.
19
THE COURT:
20
MR. HARDIN:
This is
Okay.
And if that becomes relevant to
Okay.
And with that qualification, I
21
don't understand what the relevance is, but I won't
22
object to it.
23
24
THE COURT:
Well, Ms. McNeice, the relevance of
this particular article?

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MR. HARDIN:
25
What's the exhibit number, by the
way?
THE COURT:
MS. MCNEICE:
It's not been an exhibit yet.

Mr. Hardin--part of Mr. Hardin's
cross-exam included trying to assert to the Court that
Ms. Driscoll had not had any--was not employed or did not
help Mr. Busch in any way, work to change his reputation,
otherwise enhance his standing within the NASCAR
community, or otherwise change what might have been
10
11
12
termed his reputation as a bad boy in 2011.

THE COURT:
Yeah, whether that's a fact or not
is not relevant I think to our proceeding.
',,
13
MS. MCNEICE:
14
MR. HARDIN:
15
THE COURT:
16
MR. HARDIN:
Okay.
Your Honor, may I just respond?
Sure.
Actually it's the opposite.
17
agree with her and I've not suggested at all that she
18
didn't do that.
That's one of our points.
19
THE COURT:
20
MR. HARDIN:
21
I understand.
[Interposing]
And-And that's quite
frankly why I don't object to this document.
22
THE COURT:
23
MR. HARDIN:
I'm just saying that's not really
24
relevant to anything.
But I don't have any objection to
Okay.

Phone: 212-346-6666 *Fax: 888-412-3655
them--
THE COURT:
MR. HARDIN:
Okay.
--say--I'm not saying she didn't
at all.
So I have no objection to this.
I think counsel has 180 degrees misunderstood.
THE COURT:
Well, the document will be
admitted.
MR. HARDIN:
Can I have an exhibit number,
10
THE COURT:
That should be Petitioner's 9.
11
MR. HARDIN:
12
FEMALE VOICE:
13
THE COURT:
14
[Whereupon Petitioner's Exhibit No. 9 was
[Interposing]
26
please?
9 I believe.
Yes, Petitioner's 9.
Okay.
15
admitted into evidence.]
16
Q:
Thank you.
I'm going to ask you to look at Page 4, specifically
17
in the--about two-thirds of the way down.
18
referenced as Page 4 of 13.
I'm sorry, it's
19
A:
Mm-hmm.
20
Q:
And is there some comment about your presence in Mr.
21
Busch's life?
22
A:
No, it's Page 2.
23
Q:
I apologize.
24
I apologize.
Perhaps I referenced it incorrectly.
It was Page 2.
Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes, there is.
Q:
And what does it say?
please?
A:
27
If you could read it for us,
"On the PR front where Busch has posted failing
grades for several years, he now rarely never missteps under
the guidance of girlfriend, Patricia Driscoll, who has almost
single-handedly remade his image.
more controlled last season.
lack of pressure in a second tier ride.
10
11
Even on-track Busch seemed
Perhaps that was the result of a

Or perhaps after hard
lessons learned, Busch has finally grown up."

Q:
Okay.
And let's go back, and you were questioned
12
about--I wanted to review some of the comments on the pictures
13
that were admitted.
14
THE COURT:
I think before we move on to that,
15
ma'am, I guess the question what Mr. Hardin actually
16
questioned you about previously on cross was whether or
17
not you had sort of said things to the media to the
18
extent that you single-handedly rehabilitated Mr. Busch's
19
career.
20
A:
And did you have anything to do with this?
No, I don't even know anybody from Athlon, and it
21
doesn't even have an author-right.
22
there.
23
24
THE COURT:
ma'am.
I'm sorry.
Okay.
I don't know people over
All right.
Thank you,
Forgive me for interrupting.

Phone: 212-346-6666 *Fax: 888-412-3655
You may
continue.
Q:
With regard to the photographs
that you took when you--that you testified to, you said you
took them when you got home yesterday--or--yesterday; I
apologize.
You took them when you got home on September 27th?
A:
Yes.
Q:
Early in the morning?
A:
Right.
Q:
When you took these pictures, again, you were using
10
your cell phone, correct?
11
A:
Yes, ma'am.
12
Q:
Were you looking in the mirror and pointing the
13
camera at the mirror?
14
A:
No.
15
Q:
Were you pointing the camera at yourself?
16
A:
Yeah, I was just pointing the camera ...
17
Q:
Okay.
18
And if you could, tell me again where Mr.
Busch placed his right hand, ma'am, if you recall.
19
~j
Okay, thank you.
28
A:
On my chin and on my cheek.
And he had it across my
20
face.
21
just digging into my face and just had a good hold there.
His hands are bigger than mine, but he had, you know,
22
Q:
Okay.
23
A:
On my throat.
24
Q:
Okay.
And where was his left hand, ma'am?

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A:
Like this.
Q:
Do you recall which hand he used to hit your head
against the wall?
4
5
A:
He had both at the same time and just used both to
smash my head into the wall.
Q:
Okay.
had his hands on your face during this assault?
neck, that is.
And you said one, two, three.
He smashed my head into the wall three times ..
12
Q:
And when you said moments, what did you mean by
A:
When you're in a situation like this it feels like
that?
15
forever.
16
you know that it was smashed very quickly.
And it's hard to--it feels like forever, even though
THE COURT:
Okay.
So what you're telling the
18
Court then is that once those things happened, that's
19
when you--
20
A:
[Interposing]
21
What did you mean by one, two,
three?
17
___/
And your response was moments.
A:
14
'-..~
And your face.
And your
11
13
You were asked how long you recall that he
10
29
THE COURT:
22
hands were on you.
23
A:
Right.
24
Q:
Okay.
I pushed his hands away.

Okay.
So that's how long his
Okay.
How long did it take you to push his hands

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30
away if you recall?
A:
Pretty quick.
Q:
And did you have an opportunity to see where he went
after you pushed his hands away?
A:
Just laid back down in bed and covered himself back
up.
the, to the back of the bed when I ran out, and told him that
he was a piece of shit and a coward and ran out.
10
And at that point I moved away from right where he was to
Q:
You were asked if you considered calling your
neighbor to watch your son on September 26th.
11
A:
Yes.
12
Q:
And your response was that your son wanted to see
13
Kurt, too?
14
A:
Right.
15
Q:
Had you and Kurt been able to talk and you had
16
stayed in the motorhome that night, would your son also have
17
remained in the motorhome with you?
18
A:
Yes.
19
Q:
And would you then have gone on to complete your
20
duties at the track the next day?
21
A:
Yes.
22
Q:
Now during the week of September 21st after the New
23
Hampshire incident, and September 26th when you next saw him
24
Dover Mr. Busch attended an interview somewhere.
Could you

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31
refresh my memory on that?
(
I
2
3
A:
Yes, he attended The Weather Channel and the Today
Show that I had set up.
Q:
And who set up The Weather Channel interview?
A:
Me.
Q:
And who set up the Today Show interview?
A:
Me.
Q:
Mr. Hardin showed you a document referencing a
contact I believe it was Jonathan Helpman [phonetic].
10
referenced as--
11
THE COURT:
12
Q:
13
[Interposing]
--Respondent's 3.
It's
Respondent's 3.
I'm going to hand this to you.
Is that a clip--
14
A:
[Interposing]
15
Q:
--of the interview at The Weather Channel?
16
A:
Yes.
17
Q:
Had you seen this at some point in time some time
18
19
20
21
22
Yeah.
close to the date of that interview?
A:
[phonetic]
Q:
Yeah, I had already sent it because Shymane

sent it to me from The Weather Channel.
Okay.
Had you seen it before your trip to Dover on
September 26th?
23
A:
Yes.
24
Q:
If I might take one minute, Your Honor, to review

Phone: 212-346-6666 *Fax: 888-412-3655
some of my documents.
2
recess?
Q:
I apologize--
THE COURT:
[Interposing]
Five minutes.
[OFF THE RECORD]
[ON THE RECORD]
MS. MCNEICE:
THE COURT:
11
MS. MCNEICE:
THE COURT:
I've reviewed my materials and
Okay.
Fine.
Thank you.
Mr.
Hardin?
15
MR. HARDIN:
16
THE COURT:
17
RECROSS-EXAMINATION
18
BY MR. RUSTY HARDIN
19
You're welcome.
notes and I've concluded my redirect.
13
14
Thank you for that short break,
Your Honor.
10
12
Do you need a
Yes, may we take a short recess?
Sure.
We can do that.
--for the delay.
Thank you.
32
Q:
Very briefly.
Okay.
Ma'am, do I understand that you are saying that
20
basically you re-built--you agree with what these articles are
21
saying in terms of the impact you believe you've had on Mr.
22
Busch's career, correct?
23
A:
Yes, I do believe I helped his career.
24
Q:
All right.
And I believe you said you haven't taken

Phone: 212-346-6666 *Fax: 888-412-3655
RECROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN
any money or asked for any money, and that you are fine on
your own?
A:
Yeah.
Q:
Is that a fair statement?
A:
Yes.
Q:
But in fact that house you're in, you couldn't
qualify for the mortgage unless he guaranteed it, could you?
A:
Incorrect.
Q:
Pardon?
10
A:
That is incorrect.
11
Q:
And if your bankers were to say that if he got off
12
33
of the guarantee--
13
MS. MCNEICE:
Objection.
The banker is not
14
here, Your Honor, to the best of my knowledge, and he's
15
certainly reciting something that is hearsay.
16
THE COURT:
17
MR. HARDIN:
Mr. Hardin?
I was going to say if the bankers
18
were to say they would not give her a mortgage without
19
his guarantee, would that be true or untrue?
20
A:
I--
21
Q:
[Interposing]
22
A:
The person who--the bank that gave us the mortgage,
That was going to be the question.
23
I don't know what he would say, but I had another mortgage
24
that was going to be mine alone from a different bank.

Phone: 212-346-6666 * Fax: 888-412-3655
34
qualified on my own.
Q:
So if he gets off the mortgage, you're fine with
that then?
you
You don't mind him dropping the guarantee?
'Cause
[crosstalk]
A:
[Interposing]
I'm not going to discuss anything to
do with our division of assets right now.

Q:
Okay.
All right.
THE COURT:
And I think everyone needs to
understand that if there is hearsay sort of embedded in

the question that's asked of a witness that the Court
isn't going to consider that hearsay.
A:
Okay.
THE COURT:
You know, the only time the Court
would consider that kind of a statement would be if it

were adopted by the witness.
And that would be
considered as the witness' statement, not the person's

statement who is referred to in the if someone said that
would it be true.
Okay?
So everyone needs to understand
that.
MR. HARDIN:
Thank you.
A:
So I qualified for a loan by myself.
Q:
Okay.
THE COURT:
And Mr. Hardin, more particularly
sort of the relevance of it, I guess to relief?

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MR. HARDIN:
THE COURT:
MR. HARDIN:
THE COURT:
Okay.
It really
had to do with things she said on redirect.
[Interposing]
Q:
Okay.
That's all.
All right.
The other thing is, you mentioned a car, that his
car is still at your place?
A:
Yes.
Q:
That's a Porsche, is it not?
10
A:
Correct.
11
Q:
And that's a Porsche that he had leased?
12
A:
Yes.
13
Q:
And you've been driving it and everything during
14
this period of time.
15
ma'am?
And I'm really going--have you not,
16
A:
Yes.
17
Q:
All right.
18
A:
Off track?
19
Q:
Off road driving, have you?
20
A:
No.
21
Q:
Have you been driving with it?
22
A:
Have I been driving it?
23
Q:
Yes, ma'am,
24
35
You've been taking it off track, right?
I just said, yes, I did.
I'm sorry; you did.
repeating the question.
I apologize for
Who is Mr. Andrew Tiller?

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A:
Andrew Tiller?
36
Oh, a friend of mine from South
Carolina.
Q:
And is he also employed by your foundation?
A:
No, he is not.
Q:
And when you talk about not talking to the media,
not having anything yourself, Mr. Tiller and you are friends,
are you not?
A:
Yes.
Q:
And you're aware that he's been tweeting all through
10
this trial and all out to the public about your side, aren't
11
you?
12
A:
He is not media.
13
Q:
I see.
Okay.
Now, and he's not talking--I mean,
14
what he's doing is communicating to the media.
15
suggesting there's anything wrong with it.
16
addressing the source--
17
18
A:
[Interposing]
I'm not
I'm only
I have not given him any information
to give to media or anything like that.
19
Q:
Fair enough.
Now, when you were talking a moment
20
ago about--I want to just ask you just a few questions about
21
when she mentioned to you about your complaint that you filed.
22
She asked if you had read it and signed it.
23
that?
24
A:
Do you recall
Yes.

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37
1
2
And you and I talked yesterday about there are some
things you left out of it, right?
A:
Yes.
Q:
You left out that your son was with you, correct?
A:
Yes.
Q:
And you left out the fact that i t was his trailer
and not yours, right?
A:
Yes.
Q:
Well, you say in here--would you like a copy?
10
Q:
you have an extra copy for her?
11
MS. MCNEICE:
12
MR. HARDIN:
Do
Pardon?
I have a copy.
Thank you.
I know; no, but for the witness.
13
Do you have an extra copy so she could be looking at it.
14
Her complaint.
15
16
MS. MCNEICE:
yesterday.
17
THE COURT:
18
MS. MCNEICE:
19
You had given her a copy
yesterday.
20
We could make a copy if we need to.

You had given her a copy
It may be in this pile.

THE COURT:
Let me check.
Certainly the Court will take
21
notice of what's in the petition.
22
A:
It was my understanding from my attorney that not
23
every single detail of everything that we're going to have
24
during the trial is spelled out in the petition.
So I, I--

Phone: 212-346-6666 *Fax: 888-412-3655
38
otherwise, I mean, we were here for how many hours yesterday?
It would be a big stack of papers.
THE COURT:
I think, Mr. Hardin, are you
referring to the part of the petition where it says
Petitioner and Respondent were in their motor coach/bus
at Dover Downs, Dover, Delaware?
MR. HARDIN:
THE COURT:
Yes, sir.
Okay.
All right.
Well, I'll
certainly take notice that the petition says that.
10
if you wish to question the witness about it, I'll
11
represent to you, ma'am, that the petition does actually
12
say that.
13
A:
Okay.
14
Q:
And it wasn't your motor coach, was it?
15
A:
It's not, no.
16
Q:
Okay.
17
A:
I'm sorry for the correction--or the word that says
And
18
their.
19
motorhome.
20
Q:
I should have--we should have more clearly stated his
Thank you.
And then you don't mention in here, do
21
you, that--did I understand your testimony correctly that
22
after this physical encounter that you have described he then
23
got back in bed and covered himself up?
24
A:
Yes.
Phone: 212-346-6666 *Fax: 888-412-3655
--
Q:
And then you ran out?
A:
Yeah.
Q:
So the man you want from the protective order has
whatever kind of encounter with a woman who comes into his
home uninvited, does whatever you're suggesting, asks her to
leave at least twice according to you, correct?
A:
Okay.
Q:
He tells you to get out of his motorhome, right?
You don't.
Then whatever encounter you're talking about
10
happens, and this man that you're afraid of then lies back
11
down in bed and covers himself up.
12
13
A:
16
Q:
[Interposing]
Okay, no-I just asked you if that was right.
I did not say-THE COURT:

A:
19
20
It doesn't change the fact that he just slammed my
THE COURT:
17
18
Is that right?
head into the wall.
14
15
39
[Interposing]
THE COURT:
Q:
Did he-Yes, he laid back down.

That's the question.
That was the question.
Thank you.
Thank you.
Now, you had
21
talked about needing to be around your--what you say your job.
22
And I think you talked about your troops, right?
23
your troops, you're talking--
24
A:
[Interposing]
When you say
It is my program troops to the track.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Yes, ma'am.
I'm not arguing with you.
40
I'm asking
you a question.
two occasions since September 26th you have gone to locations
that you knew he was going to be appearing at?
A:
Are you telling the Court then that at least
What?
THE COURT:
A:
[Interposing]
Have you gone to the track since-I have not been at the track?
THE COURT:
--September 26th?
Q:
Did you go to Homestead?
10
A:
No,
11
Q:
I thought you said earlier in your questions to her.
12
I did not.
Did I misunderstand?
You were not at Homestead?
13
A:
I was not at Homestead.
14
Q:
Did you go to Las Vegas for that event?
15
A:
Yes,
I did.
No, I did not go to the NASCAR banquet.
16
I was in Las Vegas for my own event across the street.
17
is the Soothe Our Troops weekend bringing wounded service
18
members to the Venetian Hotel.
19
Q:
Yes, ma'am.
That
All I'm asking is when you, since
20
September 26th of this year, have you on any occasion gone to
21
any location, any general location that you knew he would be
22
at?
23
A:
No,
24
Q:
All right.
I have not.
Has he gone to any location that you

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41
know of that he would know that you were going to be there?
(
1.
2
3
A:
I believe he was at the Venetian Hotel during this
Las Vegas weekend for a dinner.
That's what I was told.
Q:
Did you see him there?
A:
I did not go downstairs to see if he was there.
stayed upstairs.
7
8
9
Q:
You mean he may have been in the same hotel you were
A:
You asked if he was in the same location as me, and
in?
10
I said yes.
11
Q:
This is the same location.
Thank you, ma'am.
I'm just asking you again, are
12
you saying that he was in the same hotel you were in, in Las
13
Vegas?
14
A:
That is what I was told.
15
Q:
And yet he made no attempt to see you?
16
A:
I don't care if he did or not.
17
THE COURT:
[Interposing]
18
ma'am, just answer the question.
19
A:
20
[Interposing]
THE COURT:
21
you?
22
Q:
I did not-All right, well,
To your knowledge--
He made no attempts to see me.

--did he make any attempt to see
Do you understand that now we are here, you are
23
seeking a protective order saying that you are afraid of him.
24
And yet now you are telling us that at no time since September
Phone: 212-346-6666 *Fax: 888-412-3655
42
26th has he tried to see you.
in a hotel that you were at and made no attempt to be around
you.
protective order from him.
around the other, right?
And indeed on one occasion was
Can't you agree with me, ma'am, that you don't need a
Neither one of you want to be
A:
No, I'm not going to agree with you.
Q:
I know you're not.
8
9
10
THE COURT:
All right.
MS. MCNEICE:
Ms.
Yes.
Petitioner calls Valesqua
[phonetic] Rodriguez.
THE COURT:
14
MS. MCNEICE:
15
THE COURT:
16
MS. MCNEICE:
17
THE COURT:
I'm sorry?
Walewska Rodriguez.
All right.
Thank you.
Call Walewska Rodriguez.
18
morning, Ms. Rodriguez.
19
stand.
Good
Please stand next to the witness
We'll swear you in or affirm you.
20
THE CLERK:
21
MS. WALEWSKA RODRIGUEZ:
22
THE CLERK:
24
Thank you.
McNeice, do you wish to call another witness?
13
23
Ms. Driscoll, you may
resume your seat next to your counsel.
11
12
Thank you very much.
Walewska Rodriguez.
Do you swear to tell the truth, the
whole truth, and nothing but the truth so help you God?
MS. RODRIGUEZ:
I swear.

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1
2
Please spell your first name for
the record, please.
MS. RODRIGUEZ:
THE CLERK:
MS. RODRIGUEZ:
THE COURT:
MS. MCNEICE:
WA L E WS K A
W-A-L-E-W-S-K-A.
Last name?
Rodriguez.
R-0-D-R-I-G-U-E-Z.
Thank you, ma'am.
Ms. McNeice?
Thank you.
R 0 D R I G U E Z, having been
10
DIRECT EXAMINATION
11
12
Q:
13
age, please?
14
A:
I'm sorry, say again?
15
Q:
Your age?
16
A:
43.
17
Q:
How old--
18
A:
[Interposing]
19
Q:
43.
20
\,~)
THE CLERK:
43
Good morning, Ms. Rodriguez.
Could you give us your
43.
And where do you reside?
What city do you
reside in?
21
A:
In Maryland, Ellicott--
22
Q:
[Interposing]
23
A:
Ellicott City.
24
Q:
Thank you.
And what is the--
And on September 26, 2014, where did you

Phone: 212-346-6666 * Fax: 888-412-3655
DIRECT EXAMINATION OF W. RODRIGUEZ BY C. McNEICE
reside?
A:
3879 College Avenue, Ellicott City, Maryland 21043.
Q:
And where is that in relationship to the home that
Ms. Driscoll lives in?

A:
I was her neighbor in 2009.
Q:
Okay, from 2009?
A:
Yeah, I was her neighbor.
Q:
Do you still live in that home?
A:
I moved from one month ago.
10
Q:
Okay.
11
A:
To the same city.
12
Q:
To another home in that same city1
13
A:
Yeah, mm-hmm.
14
Q:
Okay.
16
17
And your home, where was it in proximity to
Ms. Driscoll's home?

A:
It was super close because i t used to be the same
property years ago.
18
Q:
Okay.
19
A:
So it was like the, I don't know, the guest house,
20
21
~-)
What was your address at that time?
15
the farm house.

Q:
So it was the same land at the beginning.
All right.
On the evening of September 26, 2014, at
22
about midnight did you exchange text messages with Patricia
23
Driscoll?
24
44
A:
Yes.
At night when I arrived with my husband I

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45
didn't see her car.
told me that she left to where the race will be.
called me back around, I don't know, 1:30 in the morning.
was sleeping and I didn't respond to my cell phone because it
was on silent.
me up, and I reached my phone and I saw the messages, and I
called her back at that moment.
And I texted her.
At that moment she
And then she
And actually she called my husband and he woke
Q:
Mm-hmm.
A:
So she was scared, she was crying, so I said I am
10
going right now.
So I went there to her house.
11
Q:
I'm sorry, you said I'm going where?
12
A:
To her house right now.
13
Q:
Mm-hmm.
14
A:
When was she?
16
THE COURT:
17
Q:
Where?
Where was she when she sent you this message at
about 1:30 in the morning?
19
20
Where was she when she was sending you this
message at about 1:30?
15
18
A:
messages.
No, I don't know exactly the time for the text

I think that it was when she was driving back.
21
Q:
Okay.
22
A:
And she was telling me that they want to talk with
23
you.
24
problem she called me and I always be there.
This is the way that we always--you know, when she had a

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('
Q:
Okay.
A:
I think it was like 1:30 when I reached the phone
Q:
Okay.
3
4
5
call.
that correct?
Yeah, immediately.
Q:
And was she home at that time?
A:
Yes, yes.
Q:
What did you see?
10
A:
Well, I saw she was crying, in shock, and she told
11
me what happened there, and what he did to her.
12
crying and crying and crying.
15
Q:
Okay.
Yeah, she was
What did she tell you about what had
happened?
A:
Yeah, she told me that he grabbed her for her neck.
16
_)
And you said you then went to her home; is
A:
14
And do you recall the time she arrived home?
13
46
THE COURT:
17
Q:
Who is the he?
18
A:
Kurt Busch.
19
Q:
Kurt Busch?
20
A:
Yeah.
21
Q:
Okay.
Who is the he, ma'am?
I'm sorry, my English is not perfect.
22
THE COURT:
23
really clear about--
24
A:
[Interposing]
Ma'am, one thing that we need to be
Yeah.

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THE COURT:
47
--is if you don't understand a
question it's okay to ask the Court and the attorneys for
some assistance and to rephrase it.
A:
Okay.
THE COURT:
If you believe that you need an
interpreter we can try to find one.
usually quite that quick, but we do have a telephone
interpretation service that we can use if we need to.
do you believe that you need to have interpretation?
10
A:
11
13
A:
Okay.
Maybe I don't know some word and I will ask what it
is.
14
THE COURT:
Okay, yeah.
If you don't
15
understand a question that any of the attorneys or the
16
Court asks you, please let us know and we'll make sure
17
that it gets rephrased so that you understand.
18
A:
19
20
21
22
So
I think that I can--no, no, no.

THE COURT:
12
Interpretation isn't
Absolutely.
Thank you.
THE COURT:
Q:
Thank you.
Ms. McNeice?
Again, let's start from the beginning.
You said
that you entered the home and what did you see?
A:
Well, she was--Patricia was crying.
And she was in
23
shock, and crying and crying and crying.
24
beginning that she could tell me what's going on.
It was hard at the

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Mm-hmrn.
A:
Actually I didn't understand anything by phone when
she was crying.
home.
was crying but she will be okay.
talking at her house.
7
8
me.
So when I went there my husband stayed at
He called me back and said what's happened.
Q:
48
Okay.
And she
And we spent like an hour
And what did she tell you why she was--excuse
Did she tell you why she was crying?

A:
Yeah, she told me that Kurt grabbed her for her
10
neck, and you know, the more things that she was telling me
11
was about she couldn't believe that he could do this to her.
12
Q:
Okay.
13
A:
You know, this--how do you say that--this physical
14
thing.
15
Q:
So who couldn't believe that he would do that to
17
A:
She.
18
Q:
She said she could not believe that?
19
A:
Yeah.
20
Q:
Did you have an opportunity to view her neck?
21
A:
Yes, I did.
22
Q:
What did you see?
23
A:
I see a red neck and a spot and it was on the right
16
24
her?
She.
side close to her ear.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
And what did this spot look like?
A:
Well, red, dark spot.
Q:
Okay.
And you said it was red, and what else did
you say about it?
A:
Dark.
Q:
Dark.
that again?
A:
A red dark spot, and specifically where was
Well, that I remember, it was on the right side,
because I was talking with her and I could see it.
10
Q:
Okay.
11
A:
Well, not too long.
12
Q:
Okay.
13
that night?
14
A:
15
How do you call, bruises?
How long did you look at her neck?
Did you look at any other part of her body
The completely neck was like too red like little
spots.
16
Q:
Okay, and where were these little spots?
17
A:
It was the complete neck, everywhere.
18
Q:
Tell me where they started.
19
A:
Like here on this part of the chest.
20
Q:
And did they have a color?
21
A:
It was completely red.
22
Q:
Oh.
23
A:
Red.
24
Q:
Okay.
Completely.
Red.
How long did you remain with her in her home

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49
that evening?
Or that morning, I'm sorry?
A:
Around one hour.
Q:
And did you have an opportunity to observe her
Forty-five minutes, I don't know.
behavior at the time you left the home?
A:
She was a little bit better.
wanted me to stay and you will be okay?
This is the last words that I said.
8
9
50
Q:
Okay.
I asked her if she

Do you need to sleep?
Did you have an opportunity to feel any part
of her body while you were there?
10
A:
To feel?
11
Q:
Mm-hmm.
12
A:
No, no.
13
Q:
When was the last time you had seen Ms. Driscoll
Like to touch?
14
prior to September 26th, or early in the morning on September
15
27th?
16
A:
17
on the week.
18
Q:
Okay.
19
A:
It was Wednesday.
20
Q:
During the week?
21
A:
Yeah, during the week.
22
Q:
And did you have an opportunity to view her neck on
23
24
Well, I don't remember the exactly date, but it was

The same week.
Yes.
Wednesday while you were with--saw her?

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

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51
because it was normal.
2
3
Q:
Okay.
And you said that you stayed for about 45
minutes to an hour?
A:
Yeah.
Q:
And then where did you go?
A:
To my house again.
Q:
When did you next see Ms. Driscoll?
A:
When?
Q:
When did you see her?
10
On July 2009.
You said you went home, okay?
After an hour.
11
A:
When I see her again?
12
Q:
Yes.
13
A:
Okay, next day.
14
Q:
The next day?
15
A:
Yeah.
16
Q:
What was that day?
17
A:
Well, it was the same day actually because, but late
18
19
20
21
When did you next see her?

The next day.
in the afternoon.
Q:
Okay.
Do you recall the time that you saw her in
the afternoon?
A:
No, I don't recall the time but I remember that at
22
that time she was arriving with her mom.
23
were at the house changing coats.
24
Q:
And my husband and I
Changing?

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A:
Coats to enter to the house.
Q:
Okay.
A:
I could say around I don't know 6:00 to--5:00 to
7:00.
52
I'm not sure about the time.
Q:
5:00 to 7:00?
A:
Yeah, I could say that, but I'm not sure.
Q:
Okay.
A:
I'm trying to remember if it was dark or not.
Q:
Was anyone else with her besides her mother at that
11
A:
When they arrived?
12
Q:
Mm-hmm.
13
A:
Houston.
14
Q:
Okay.
10
15
time?
Did you have an opportunity to view any part
of her body at that particular time?
16
A:
When the day where we changed coats?
17
Q:
Mm-hmm.
18
A:
Well, I don't want to--you know,
I just look and saw
19
she continued with the redness in her neck, but we didn't talk
20
about it.
21
Q:
Okay.
22
A:
So we changed coats and she stayed with her mom at
23
24
the house and we left.

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

Phone: 212-346-6666 * Fax: 888-412-3655
this day?
On another day?
A:
Yeah, when we were coming from church on Sunday.
Q:
Okay.
A:
They were outside, and I introduced my mom, my
husband to the mother.
Q:
Okay.
A:
And we talked a little bit.
Q:
And what did you see at that time?
A:
Well, she was devastated.
10
Q:
Thank you.
11
12
She was sad, upset.
I have nothing further.
THE COURT:
Mr. Hardin, Mr. Liguori, any cross
for this witness?
13
CROSS-EXAMINATION
14
BY MR. RUSTY HARDIN
15
Q:
Good morning.
16
A:
Good morning.
17
Q:
I don't believe we've ever met or talked, you've
18
never met or talked to me before, have you?
19
A:
No.
20
Q:
I just have a few questions.
Had you during the
21
time you were a neighbor known Mr. Busch?
22
seen Mr. Busch there before?
I mean, you had
23
A:
Yes, yes, of course.
24
Q:
How often would you guess that you were around Mr.

Phone: 212-346-6666 *Fax: 888-412-3655
53
CROSS-EXAMINATION OF W. RODRIGUEZ BY R. HARDIN
'
'
1
2
Busch and Ms. Driscoll?

A:
Well, eventually we shared some dinners, birthday
parties.
at the pool.
Q:
I don't know how many times, but there was some time
Was that over several years?
For instance, I
believe you said you lived there from 2009?
A:
Yeah.
Q:
Okay.
Do you remember which one of those years you
began to see Mr. Busch with Ms. Driscoll?
10
A:
Since the first moment I think.
11
Q:
All right.
12
A:
Around 2011 I think it was.
13
Q:
Okay.
14
And you were around and at dinners both at
her house and--
15
A:
[Interposing]
16
Q:
--at your house?
17
A:
Mm-hmm.
18
Q:
And then did you sometimes see Houston?
19
A:
Yes.
20
Q:
How old are your children?
21
A:
17 and 13.
22
Q:
And on this particular night when you say that you
23
24
54
And at our house.

And at your house.
Well, to play with my kids, yeah.
later came over and saw her at the house ...
A:
Mm-hmm.
Phone: 212-346-6666 *Fax: 888-412-3655
1
2
Q:
No, no.
I texted her.
I texted her and I saw that
she wasn't at horne.
text, and she told me that she left to the place where the
race will be.
And she told me, we were talking by the
Q:
Okay, what time do you think you texted her?
A:
I arrived and it was dark.
11
12
8:00.
record from my text.

Q:
texted her.
15
Q:
Yeah, we arrived that night, and it was when I
Would you have been available if she wanted for you
to keep Houston while she went and ran an errand?
17
A:
No, no, no.
18
Q:
No, ma'am.
A:
Yeah, yeah.
21
Q:
Okay.
24
Houston wasn't with me.

But if she had asked you, would you have
been willing to keep him there?
20
23
But what, were you and your
husband horne that night?
14
22
I don't keep this tracking.
No, no, that's okay.
A:
19
I don't know, maybe
I'm not sure about the time, but you can have the
13
16
A:
10
''"'J
Did I understand you that did she call you before
she left the house that night?
55
Yes, of course.
And you could have because you were at horne
that night; is that correct?

A:
Yeah.
The problem with that is she by many
regulations that she has I think she won't that Houston spend
Phone: 212-346-6666 *Fax: 888-412-3655
56
the night with us.
for example, if they need to leave for somewhere very early in
the morning they knock on the door like at 4:00 a.m. for
example, and the little one will stay with me until the school
day.
He only goes to play and very few days--
Q:
All right.
A:
But it is not usual that he will sleep at the house.
Q:
But you would have been willing to?
A:
Yeah, yeah.
10
Q:
And on this particular day, or night rather--well,
11
maybe go back before.
12
that you, over the years when you were around Mr. Busch and
13
Ms. Driscoll together, how would you describe the way they
14
acted with each other?
15
A:
Before that night and during the time
He was a nice person.
We wish her like they say
16
moments together.
I can say that I hear some fights
17
sometimes, and I was with Patricia at the house and I left,
18
you know, and say I will come back later.
19
help work with Patricia in the house.
Because I used to
20
Q:
21
. A:
22
Q:
Arguments?
23
A:
Yeah, mm-hmm.
24
Q:
Would they--they would--one of them would get upset
I see.
When you say fights, what do you mean?
Well, when people complain.

Phone: 212-346-6666 *Fax: 888-412-3655
Is that what you mean?
A:
I'm sorry, say it again.
Q:
When you say fights I just want you to in your words
4
5
6
tell me what you mean.

A:
Complain.
If I say something back to you and you
respond back to me and maybe I cry and this kind of stuff.
Q:
Like man and woman stuff?
A:
Yeah.
Q:
When sometimes the man is upset with the woman;
10
11
with the other?
57
Yeah.
sometimes the woman is upset with the man?

A:
Yeah.
I don't know.
They didn't tell us because,
12
you know, I just--I think that it is not my thing.
13
house.
14
15
Q:
So when you say fights do you mean verbal
disagreements?
16
A:
Yeah.
17
Q:
Okay.
18
A:
I didn't see it.
19
Q:
Pardon?
20
A:
I didn't see it, any physical.
21
Q:
Did you like Mr. Busch?
22
A:
Yeah.
23
Q:
Was he always kind and gentle around you?
24
A:
Yeah, he was kind.
You never saw any physical actions?

Phone: 212-346-6666 *Fax: 888-412-3655
I left the
Q:
Okay.
And then that morning when you were called to
come over, did she say anything to you about that she had
already taken pictures?
A:
No.
Q:
Did you know whether she had taken pictures of
herself or not?
A:
No.
Q:
So if--do you have a cell phone?
A:
Yes.
10
Q:
You know how to take pictures with your cell phone,
11
12
13
14
15
right?
You take pictures, don't you?
A:
Sometimes when I don't have a mirror I take a
picture if I want see something, my hair or something.

Q:
So if she had wanted you to take pictures of what
you described, you could have done that, right?
16
A:
Say it again, please.
17
Q:
If she had asked you to take pictures of herself
18
58
with her cell phone, you could have done that, right?
19
A:
Yes.
20
Q:
But she didn't ask you to take pictures?
21
A:
No.
22
Q:
And of course, I know this is obvious, but you
I could.
23
weren't there in Delaware or here when whatever happened,
24
happened?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
No.
Q:
And the only thing you know about what happened is
A:
Yeah.
Q:
You've never talked to Mr. Busch about it, have you?
A:
After that, no.
Q:
And you've never seen Mr. Busch since you say you
what Ms. Driscoll told you?
59
saw her that Wednesday before?

A:
I don't remember if it was on Wednesday or Tuesday.
10
As I told you, I go to the--I used to go the house to help
11
with the house.
12
sure about the day.
13
14
15
16
17
Q:
So it can be Tuesday or Wednesday.
I am not
When you say you would help at the house, do you
mean doing housecleaning or what?

A:
Yeah, I open the house for the plumbing, the
electrician, people who come to clean the windows, everything.

Q:
Okay.
And that Tuesday or Wednesday when you saw
18
her, did she tell you anything about Mr. Busch had broken up
19
with her?
20
A:
She told me that she had a fight.
Well, wait I
21
don't know if I'm using the right word, I'm sorry.
22
complain.
23
that she told me that this happened.
24
Q:
Like,
But they used to have, so it's not the first time
Yeah.
And when you say that, you're talking about--

Phone: 212-346-6666 * Fax: 888-412-3655
I want to go back to this--
A:
[Interposing]
Q:
--do you mean an argument?
A:
Argument, yeah.
Q:
Okay.
A:
But for me it was normal because all the time when
Yeah, it's a--
The correct word.
he had a bad race they have this kind of--
Q:
[Interposing]
A:
--argument.
10
Q:
And sometimes did you see her sometimes upset with
12
A:
Sometimes, I'm sorry?
13
Q:
Did you see her sometimes upset with him?
14
A:
She upset with him?
15
Q:
Yes, but let me start.
16
A:
Okay.
17
Q:
Sometimes did you see him upset if he had a bad
A:
Yes.
11
when you say a fight,
18
19
Argument?
Yes.
him?
race?
Yes.
Q:
21
22
23
24
something
A:
el~e?
Well, she--I didn't see her like upset.
You know,
she deal with her problems, for me from my point of view-Q:
[Interposing]
Sure.
Sure.

Phone: 212-346-6666 *Fax: 888-412-3655
60
A:
--very good.
Q:
She what?
A:
Deal with the problems.
Q:
She dealt with the problems very well?
A:
So I mean, when I say that, it's because when I have
something for me to speak I talk with her and she gives me the
right path to go.
upset with him, no, never.
I mean, if your question is if I see her

She is always lovely with him.
Q:
Okay.
10
A:
And with me and with my family.
11
Q:
So as far as you're concerned she was very nice?
12
A:
Yes.
13
Q:
Would that be fair?
14
A:
Yeah.
15
Q:
And you consider her a very good friend?
16
A:
Yeah.
17
Q:
All right.
18
A:
Every--what?
19
Q:
Was Mr. Busch ever mean to you?
20
A:
Mean?
21
Q:
Mr. Busch was also always very nice to you, wasn't
23
A:
Yeah.
24
Q:
So you had--
22
61
And then was Mr. Busch ever mean to you?
No, no.
he?
Yeah.

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62
A:
[Interposing]
He was serious sometimes, but--
Q:
[Interposing]
Pardon me?
A:
Was serious sometimes but nothing.
Q:
But always nice to you?
A:
Yeah.
Q:
So at the end of the day, you liked both of them,
didn't you?
A:
Well, I don't know at this time because--
Q:
[Interposing]
11
A:
Okay.
12
Q:
Before this happened, if we had--i you came in here
(
I
10
to talk to this Judge before any of this ever happened, you
14
would have said you liked both of them, didn't you?

A:
18
19
I have my reservation with many things that I know
from her, and--
17
Then.
13
16
Oh, no, no, I want to go back to
then.
15
Kind.
Q:
her?
[Interposing]
Oh.
Other things that you know from
I see.
A:
So I met Patricia six years, and I know that--you
20
know, it's--for me it wasn't a healthy relationship because
21
they had problems and all when the time when had a bad race he
22
turned like another person.
23
it was like trying to help her to follow.
24
Q:
Yes, ma'am.
And, you know, I was all the time
These are all things she told you over

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63
the time, right?
A:
Yeah.
Q:
And what you know is what she told you, isn't it?
A:
Well, and what I saw sometimes.
Yeah.
You know, the
behavior, the fights.
Q:
Did you ever see him physically do anything to her?
A:
Physically, no.
Q:
You saw them have disagreements, didn't you?
A:
Yeah.
10
Q:
And people living together have disagreements, don't
12
A:
Yeah,
13
Q:
And then she would tell you a lot of things about
11
14
they?
I know.
him that bothered you, didn't she?
15
A:
Concerning.
16
Q:
Yeah.
17
A:
Yeah.
18
Q:
And those were always things she was telling you
19
20
21
22
23
24
when he wasn't around, weren't they?

A:
No.
We were having talks and he was there at the
house sometimes.
Q:
Would she tell you bad things about him when he was
there?
A:
No, no bad--it's not a bad thing that she was

Phone: 212-346-6666 * Fax: 888-412-3655
telling me.
going on.
64
It's just having a friend and telling what's
'
'
And that's it.
Q:
Yes, ma'am.
A:
I have a friend.
And this is my opinion, you know.
She tells me her problems, and at
one point I say, okay, you can go.
Every relationship has up and downs.
that I felt at that time that, hey, you need to stop; this is
enough.
Q:
Did you tell her to get out of the relationship?
10
A:
Yeah, I told her.
11
Q:
All right.
12
A:
No, no, at that time she was like I can't deal with
13
Everything is possible.
But there is sometimes
And she chose not to; is that right?
this anymore.
14
Q:
You mean after that night?
15
A:
Yeah, that night.
16
Q:
You're saying that she told you she couldn't deal
17
18
19
with it anymore?
A:
Yeah, that was enough.
I said I think that he
crossed the line and you need to, hey, wake up.
20
Q:
All right.
21
A:
But she was, you know, in shock that day.
22
Q:
Yes, ma'am.
23
24
I heard you say that.
When you were
talking to her all this time before ...

A:
When I talked with her again?

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Yes.
A:
Well, I saw her for a little bit on the next day
when we changed coats.
mother the Sunday when we came from church.
didn't see her for two days or something, and then I met her
at the house, but in and out.
7
8
9
10
11
Q:
anymore?
A:
I talked with her, but more with her

I think that I
And then after that, after that, did you see her
How often did you see her after that?
I see her every week if she doesn't have any
trouble.
Q:
All right.
And have y'all talked about, after you
12
see her because you're friends have y'all talked about this
13
some more then?
14
A:
Well, we text.
15
did you sleep?
16
there.
17
18
19
65
Q:
I used to text her, how are you, how
And she would answer yeah,
I'm hanging in
And did you, yourself, have conversations with her
over the last few weeks about this?
A:
Well, actually I moved to another house and I don't
20
still work with her, so our conversations are not too long.
21
But we celebrated her birthday.
22
Houston at our house.
23
with my mother and my husband and my two kids, and we don't
24
discuss anything in front of them.
I made a dinner for her and
But absolutely now because we--I live

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1
2
Q:
66
Where was Houston that night that you came over when
she was upset that you talked about?
A:
At the house.
Q:
And do you remember what room he was in?
A:
I didn't see, but she told me that he was upstairs.
Q:
He was upstairs asleep?
A:
Yeah.
Q:
But he wasn't in the room with the two of you?
A:
No, no, not at all.
10
Q:
And when you came over is all that you did is to sit
11
and talk about it?
12
A:
Sit and talk about it, yeah.
13
Q:
Okay.
14
A:
Sit in the library and talk about it.
15
Q:
All right.
So when you came over and she was going
16
to show you what happened, you described what you saw on her,
17
was she showing it to you?
18
A:
Well, not showing me.
19
me what he did and I could see.
20
impressed me more.
21
Q:
Now, did she--
22
A:
[Interposing]
23
No, no.
24
Q:
I could see.
She was telling
The red neck was like
But I didn't say, you know, show me.
Did she say anything else about any other injuries

Phone: 212-346-6666 * Fax: 888-412-3655
she had?
A:
Any other what?
Q:
Injuries?
A:
That she had?
Q:
That she had.
A:
She had a very neck pain.
She told me that she took
some pills and put some ice, and she was talking with me and
told me that her head hurt.
Q:
All right.
10
A:
No, no.
11
Q:
Okay.
Did she say where her head hurt?
My head hurts and my neck.

And after, when you left--her lawyer asked
12
you if you felt any parts of her body.
13
feel any bumps or anything like that?
Did she ask you to
14
A:
No, no, no.
15
Q:
She didn't tell you about anything like that?
16
A:
I just talked with her and see.
17
Q:
Okay.
18
A:
You're welcome.
19
20
67
THE COURT:
Ms. McNeice, any redirect of this
witness?
21
MS. MCNEICE:
22
THE COURT:
23
24
Yes, just briefly.

All right.

Phone: 212-346-6666 *Fax: 888-412-3655
REDIRECT EXAMINATION OF W. RODRIGUEZ BY C. McNEICE
Q:
A:
[Interposing]
Friday night?
Q:
Well, no, not when you came into the house.
A:
Oh, okay.
Q:
Was Ms. Driscoll's car there?
A:
No, no.
Okay.
No.
This is the reason that I text her,
where are you.
11
Q:
12
that night?
13
A:
Okay.
And do you recall what time you returned home
As I said, I don't remember the time, so I think it
14
was something between 7:00 and--I can't tell you.
15
dark.
16
When
you returned to your home, I'm sorry.
10
Do you mean Saturday
morning?
You mentioned that when you came in on
Friday night, September 26th, where was--
3
4
Thank you.
Q:
17
It was
Okay.
THE COURT:
So, ma'am, when you texted Ms.
18
Driscoll when you arrived at your house and saw that her
19
car was gone and you texted her--
20
A:
21
[Interposing]
THE COURT:
22
you where she was?
23
A:
24
68
Yeah.
--did she text you back and tell
Yeah, she texted me back on the way to the place,
I'm in Delaware.

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1
2
THE COURT:
A:
Yeah.
All right.
She texted me back, yes.
THE COURT:
and Houston were already gone?
A:
Yeah, yeah.
So when you got home Ms. Driscoll
And when I leave the car was there, so
when I came back the car wasn't there.
Okay.
THE COURT:
Q:
Okay.
Okay.
You said you had never seen a physical act or
never seen Mr. Busch hurt her?
10
A:
I didn't see it.
11
Q:
You didn't see it.
12
A:
No,
13
Q:
Okay.
14
I see complaints, argues, this kind of stuff.

Have you--has she ever told you about any
prior time where Mr. Busch hurt her physically?
15
A:
Yes.
16
Q:
When did she tell you about that?
17
A:
Well, years ago.
Years ago.
18
relationship was starting.
19
I think it was 2012 something.
I don't know if the
I don't remember exactly the time.
20
Q:
Okay.
21
A:
And he tried to grab, but he was under alcohol and
22
69
she took him away.
23
Q:
What do you mean she took him away?
24
A:
So she tried to take off, you know, how do you say

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to--
THE COURT:
[Interposing]
You're making a
motion, ma'am, as if someone is pushing someone away?
A:
Yeah,
Q:
Mm-hmm.
6
7
so he tried to take her and she go away.

Did she tell you where she was when he
tried to grab her?
A:
I don't remember.
the house.
They were somewhere; it wasn't at
I remember that.
Q:
It wasn't at her house in Ellicott City?
10
A:
No, no, it was at some weekend race I think.
11
Q:
Okay.
12
A:
And I don't remember if it was close to a weekend
13
that they were together with parents.
14
don't know if it was this weekend, next weekend.
15
remember something that they meeting her parents.
16
17
Q:
I see.
Patricia's parents.
But I
You mentioned that whenever Mr. Busch had a
bad race he was upset.
18
A:
Yeah.
19
Q:
How would he act when he was upset?
20
A:
Well, they always have argues again.
21
to quit.
22
everything.
23
again, and sometimes it takes a week.
24
70
Q:
So he wanted
You know, everything, their relationship,

He was mad.
Sometimes the other day he was okay
It would take a week for him--

Phone: 212-346-6666 *Fax: 888-412-3655
A:
[Interposing]
Q:
--to not act this way?
A:
Yeah.
It depends.
Q:
Okay.
And how did you know that he had a bad race?
71
Yeah.
You know?
Did he tell you that?
A:
Yeah, Patricia tell me that.
Q:
Oh, Patricia told you that?
A:
Yeah.
Sometimes I asked on Monday or Tuesday when I
see him how was the race.
And he told me the race was great.
10
Q:
Who is he?
Kurt told you?
11
A:
Kurt, yes.
When maybe I was at the house and they
12
arrive and I say hi, how was your weekend.
13
told me, yeah, we had a very good race, or no, we had a
14
problem.
15
Q:
And sometimes he
That's it.
Okay.
You indicated that he told you sometimes he
16
wanted to quit racing and quit the--or excuse me, quit the
17
relationship, end the relationship?
18
A:
Yes.
Yes.
19
THE COURT:
20
be clear about this.
21
Mr. Busch said in your presence, or things that Ms.
22
Driscoll told you Mr. Busch had said?
23
A:
24
Which things?
THE COURT:
Now, ma'am, it's important that we

Are these things that you're saying
Which ones?
The things about when there was bad
'"----__/

Phone: 212-346-6666 *Fax: 888-412-3655
race Mr. Busch being upset, are these things that you
observed or things that other people told you about?
A:
I observed and I talk with Patricia later.
4
5
THE COURT:
Q:
Did you hear Mr. Busch say that he wanted to end
their relationship?
A:
No, didn't hear.
Q:
Okay.
A:
Yeah.
10
Q:
Okay.
11
Okay.
Patricia told you that?
But let me be clear.
Was it Mr. Busch who
told you that there was a bad race?
12
A:
Yeah, sometimes he told me that.
13
Q:
Okay.
14
A:
Yeah.
15
Q:
Fine, thank you.
All right.
16
THE COURT:
17
MR. HARDIN:
18
THE COURT:
19
RECROSS-EXAMINATION
20
BY MR. RUSTY HARDIN
21
Q:

Anything further, Mr. Hardin?
Just very quickly.
Okay.
I just want to try to get it clear in my mind.
22
Sometimes when Mr. Busch would have a bad race he would come
23
back, and Mondays and Tuesdays would he be around generally?
24
Would Monday and Tuesdays of the week be when he was there?

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72
RECROSS-EXAMINATION OF W. RODRIGUEZ BY R. HARDIN
A:
Yeah.
Well, it's different times.
Maybe Thursday.
It depends on the week.
Q:
Okay.
A:
And I changed my days, too.
Q:
But sometimes after a bad race or something, but
y'all would still have pool parties there, right?
A:
We still--
Q:
[Interposing]
9
10
You remember the pool parties with
the children and everything?
Do you remember having pool
parties?
11
A:
Pool.
12
Q:
You would have swimming pool parties, right?
13
A:
Yeah, we have.
14
Q:
And so I'm trying to figure out this.
15
Pool.
Okay, yeah.
Mm-hmm.
So if you
don't understand what I'm asking, please say--
16
A:
[Interposing]
17
Q:
When you talked about Mr.--who is it that told you
18
that Mr. Busch wanted to end the relationship?
19
A:
Patricia.
20
Q:
All right.
21
Yes, I will.
When did Ms. Patricia tell you--start
telling you that Mr. Busch wanted to end the relationship?
22
A:
I don't know.
23
Q:
All right.
24
A:
Over the years.
Several times.

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73
1
2
Q:
Okay.
And did she always tell you she did not want
to end the relationship?
A:
of him.
with him, and with his problem and his behavior and the
alcohol and everything.
She was always, from my point of view, taking care

Because she felt that if she left nobody can stand
Q:
The alcohol.
A:
Well,
Did you see the alcohol?
I saw one day at the house many--many, many
cases of beer, empty.
10
Q:
You saw cases of beer?
11
A:
Yeah.
12
Empty.
And I knew then i t was really bad.
The problem that he had.
13
THE COURT:
When you say cases of beer, ma'am,
14
do you mean big boxes with beer in it, or cans of beer?
15
A:
16
Well, like the six-packs.

THE COURT:
17
A:
Many of them.
18
Q:
And did you--
19
A:
[Interposing]
20
21
22
23
24
Okay.
Many of them.
And because I think that was one of
the problems that-Q:
[Interposing]
'Cause she told you that was a
problem, right?
A:
74
Well, actually when we started to do our parties,
our dinner, everything without alcohol.

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Q:
You what?
A:
Without alcohol.
75
3
4
5
6
house we never put any wine or anything at the table.

Q:
Yes, ma'am.
So you did not keep alcohol at your
No, I have.
I go in my house and I used to have it
house?
A:
with my friends when I have a party.
coming we tried to not put anything.
9
10
So if we have a dinner in our
Q:
And that was Patricia's idea?
A:
Yeah.
12
Q:
All right.
14
Whose idea was that
not to have it?
11
13
But when they were
Yes, it was Patricia's idea.

And Patricia told you he had an alcohol
problem, right?
A:
Well, not told me he had an alcohol problem, but
15
they were dealing with many, many situations.
16
better--
17
Q:
[Interposing]
That it's
Did she tell you--I'm just trying to
18
figure out how it is that you believe he had an alcohol
19
problem?
20
21
A:
Tell me what--did you see him intoxicated?

Well, no, not intoxicated.
Drinking a lot one day
at my house on Patricia's birthday.
22
Q:
On her birthday?
23
A:
Yeah.
24
Q:
All right.

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1
2
Say, it's enough,
don't drink any more.

Q:
Did you see that any more other times?
A:
No, because we didn't--after--I think that was that
time we never put alcohol in the-Q:
[Interposing]
Yes, ma'am.
What I'm trying to
understand is was your belief about him and alcohol based on
what you saw or what Ms. Patricia told you?
9
10
And she was telling him to stop.
A:
76
A:
I told you I saw two things.
And the other things
are because Patricia tell me, you know, like friends.
11
Q:
All right, that's fine.
12
A:
And the two things is the many bottles of beer empty
13
from one day, and the other was, you know, drinking like very
14
fast at my house on her birthday.
15
Q:
On one of her birthdays.
All right, let me see if I've got this straight.
So
16
the only two things you have any personal knowledge with that
17
had to do with alcohol is that one time you saw a lot of cans
18
or a lot of bottles at the house.
19
A:
Mm-hmm.
20
Q:
And they were empty?
21
A:
Yes.
22
Q:
Okay.
23
A:
I don't know.
24
Q:
All right.
Is that right?
Yeah.
And then--and do you remember how many?

I can say 20.
And the other time, the other incident

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77
is that at one time at your house during a birthday party for
Ms. Patricia you saw him have a lot to drink?
A:
Well, I saw them arguing about this.
You know, like
my husband was pouring wine and he was drinking, and was
drinking fast.
6
7
Q:
And Patricia was like, please, so help me.
All right.
Well, then, I still want to go back now
to personal knowledge.
All right?
A:
Mm-hmm.
Q:
Did you see him drinking a lot or you heard them
10
arguing about it?
11
A:
No, I saw him drinking fast.
12
Q:
Drinking fast?
13
A:
Yeah.
And they came from another party, so they had
14
been already have--they have another, you know, couple of
15
wine; I don't know how many.
16
Q:
And so she wanted him to stop drinking?
17
A:
Yeah.
18
Q:
And did he?
19
A:
No, when I saw the situation I told my husband, hey,
20
take it slow.
21
Q:
So you just served it slow, right?
22
A:
Yeah, so we tried to, you know, don't be--
23
Q:
[Interposing]
24
way?
How many times--when was that, by the
How long ago?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Like two years, I think.
Q:
Two years ago?
A:
Three years ago.
Q:
And it's two or three years ago.
5
6
7
And how long ago
was it that you saw the empty beer bottles?

A:
No, I didn't see it because she always tried to
don't open anything.
8
9
78
THE COURT:
Ma'am, I think you might have
misunderstood Mr. Hardin.
The incident that you told him
10
about when you saw the empty beer bottles or the empty
11
six-packs that you told me about?
12
A:
Yeah.
'
13
THE COURT:
14
question?
15
A:
When was that?
That's his
I answer it was--okay, it was--well, you can say the
16
year sadly because I knew that he had a huge problem in
17
NASCAR.
18
something.
And when I don't know if he was suspended or

It was that time.
19
THE COURT:
Okay, so you believe it might have
20
been at that time that he may have been suspended or
21
something?
22
A:
23
24
Yeah.
Yeah.
I don't know which year it is, but it
was right there.

THE COURT:
Okay.
Thank you.
I'm sorry, Mr.

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79
Hardin, for interrupting.
Q:
Thank you.
A:
Yeah, sure.
Q:
How many times would you estimate over the years you
were in her house?
Just a few more questions.
Would it be hundreds?
A:
Me in--
Q:
[Interposing]
A:
--Patricia's house?
Q:
Yes.
10
A:
Whew!
Like maybe three times per week.
11
Q:
Okay.
And over a period of four or five years?
12
A:
Yes.
13
Q:
All right, four years.
14
A:
I moved 2009.
15
Q:
Three or four times a week over four years?
16
A:
Yeah.
17
Q:
In all those times you've only saw the empty beer
18
No,
Yes.
no--well~
four years, yeah.
cans or bottles one time?
19
A:
Yes.
20
Q:
And then over the period of four years of being
Yeah.
21
around them you only saw him have--drinking like you described
22
one time?
23
A:
At my house?
24
Q:
At a birthday party?
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
80
A:
Yeah.
Q:
And everything else you know about alcohol is based
I
r.
on what Ms. Driscoll told you, right?
A:
any more.
try him to don't drink.
7
8
Q:
In front of me never, after that.
Yes, ma'am.
So because she
And the night she came back and called
you over at 1:30 that we were talking about ...
A:
Yeah.
10
Q:
Did she suggest he had been drinking that night at
A:
No, no.
11
12
And what I see that they since--they wasn't drinking
all?
I think that she was--her--how do you say
13
that--she was afraid because at that time he was sober.
14
she thought what he--
So
15
Q:
[Interposing]
16
A:
At that time that it happened Kurt was sober, with
17
no alcohol.
18
okay, you are in your right mind and you are doing this thing
19
to me.
At that time what?
She thought that, so she was more afraid because,
20
Q:
21
ways, right?
22
and all, that he had an alcohol problem.
23
talking about she told you he wasn't drinking.
24
you're saying?
I see.
So you're saying that, I guess it goes both
You talked about--she told you about the alcohol

But the night we're
Is that what
_ _..../

Phone: 212-346-6666 *Fax: 888-412-3655
(
'
A:
Yeah.
Q:
So the alcohol--
A:
[Interposing]
Q:
Right.
81
She thought that he didn't.
So all this talk about alcohol doesn't
really have anything to do with what happened that night, does
it?
A:
Oh, I can't tell you that.
Q:
Based on what she told you?
A:
Basic of what she used to tell me he had that--
10
Q:
[Interposing]
11
A:
--behavior problem--
12
Q:
[Interposing]
13
A:
--when something is wrong, and the alcohol problem.
14
Q:
Yes, ma'am.
15
Yes, ma'am.
ma'am~
Yes,
And she frequently told you he had a
behavior problem, didn't she?
16
A:
We--
17
Q:
[Interposing]
18
A:
--would talk sometimes, yeah.
19
Q:
20
A:
You are very welcome, sir.
Or did she?
21
THE COURT:
22
MS. MCNEICE:
23
THE COURT:
24
Anything further of this witness?

Nothing, thank you.
Thank you, ma'am, for your
testimony.
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82
PROCEEDINGS
MS. RODRIGUEZ:
THE COURT:
waiting area.
MS. RODRIGUEZ:
MS. MCNEICE:
Thank you.
It is now 12:00, Your Honor.
call Kurt Busch as the next witness.
You can resume your seat in the
You're very welcome.
THE COURT:
the parties.
a lunch break.
Okay.
Here's another question for
I was going to ask if anyone wants to have

I, again, the Court's--I'm willing to
10
work through with we can just take a brief snack break or
11
whatever.
12
make sure that I accommodate that, including the
13
witnesses and including the attorneys.
14
wants us to take a lunch break I want to make sure that
15
you folks know that I'm willing.
16
break just to get a snack, I want you to know that, too,
17
and I'll accommodate that as well.
18
But if someone wants to have lunch, I want to
MR. HARDIN:
And if someone
If you need a little
Can we perhaps sort of split the
19
baby and have maybe a 20 or 30-minute lunch break for
20
people if they want to get a snack somewhere?
21
THE COURT:
We can do that.
And during that
22
lunch break I would ask for counsel to consult with Mr.
23
Busch as it relates to his privilege under the Fifth
24
Amendment because I'll have - - for him once we return.

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
MR. HARDIN:
[RECESS]
[RECALL]
THE CLERK:
83
Thank you.
Order in the court.
Kent County is
now in session, the Honorable David Jones back in
session.
Please be seated.
THE COURT:
Back on the record?
THE CLERK:
Yes.
THE COURT:
Thank you.
All right.
Good
10
afternoon everyone.
11
Yes.
12
intention to call Mr. Busch to the stand to testify.
13
Hardin, have you and/or Mr. Liguori had an opportunity to
14
confer with Mr. Busch with regard to his rights pursuant
15
to the
When we left off Ms. McNeice had indicated the
5th
Mr.
Amendment to the Constitution.
16
MR. HARDIN:
17
THE COURT:
18
I think it's afternoon, isn't it?
We have Your Honor.

Has Mr. Busch elected to testify at
today's proceeding?
19
MR. HARDIN:
20
THE COURT:
He has.
And Mr. Busch, is that correct,
21
you've had an opportunity to consult with your counsel as
22
it relates to your right and your privilege under the
23
Amendment to choose not to testify about an incident that
24
may result in criminal prosecution at some future point?

Phone: 212-346-6666 *Fax: 888-412-3655
5th
84
PROCEEDINGS
MR. BUSCH:
Yes Your Honor.
THE COURT:
Of course, you understand that you
can't be required to testify about any incident that
could possibly be the subject of a future criminal
prosecution.
that has been presented thus far that at least there was
a complaint made to police about the subject matter of
the incident that's been testified about in this hearing.
And you understand, of course, that we are a court of
10
record.
11
you say in this proceeding could potentially be used
12
against you in any prosecution that might come along down
13
the road as a result of the police complaint that has
14
been issued.
Anything that
MR. BUSCH:
Yes Your Honor.
16
THE COURT:
Sir, is it your desire to waive
17
your right under the
18
take the witness stand today?
19
MR. BUSCH:
It is.
20
THE COURT:
All right.
22
23
)
We tape record what folks say.
15
21
--'
It's my understanding from the testimony
24
5th
Amendment not to testify and to
Thank you sir.
You may
take the witness stand and be sworn.

THE CLERK:
your right.
Put your hand on the Bible, raise
State your full name.
MR. BUSCH:
Kurt Thomas Busch.

Phone: 212-346-6666 * Fax: 888-412-3655
PROCEEDINGS
whole truth and nothing but the truth so help you God?
MR. BUSCH:
I do.
THE COURT:
Ms. McNeice.
MS. CAROLYN MCNEICE:
Thank you.
K U R T
B U S C H, having been
THE CLERK:
85
T H 0 MA S
DIRECT EXAMINATION
BY MS. CAROLYN MCNEICE
10
Q:
Good afternoon Mr. Busch.
11
A:
Good afternoon.
12
Q:
How old are you sir?
13
A:
Thirty-seven.
14
Q:
We've had a lot of testimony here today that you are
15
a race car driver, is that the correct title?
16
A:
Yes ma'am, professional race car driver.
17
Q:
I'm sorry; you said.
18
A:
Professional race car driver.
19
Q:
How long have you been doing that?
20
A:
Fifteen years.
21
Q:
Do you have an actual employer sir?
22
A:
It can be considered in NASCAR contractual
23
situations that I'm an independent contractor.
I'm self-
24
employed but I do race for a professional race team.

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF K. BUSCH BY C. MCNEICE
Q:
period?
A:
Yes.
Q:
Where do you reside?
A:
Mooresville, North Carolina.
Q:
How long have you lived there?
A:
Fifteen years.
Q:
Have you had any medication today sir?
A:
No ma'am.
10
Q:
Have you had any alcohol today?
11
A:
No ma'am.
12
Q:
Do you know of any reason why you would have any
13
difficulty testifying here today?

A:
No, not at all.
15
Q:
Sir, do you recall when you met Patricia Busch,
17
excuse me, Patricia Driscoll.

A:
Yes ma'am.
I apologize.
We met at Walter Reed Medical Center at
18
a charity function that NASCAR had coordinated and asked
19
drivers to attend.
20
Q:
Do you recall what year that was?
21
A:
We met 2010.
22
Q:
Sometime thereafter you began a relationship,
23
~~
Has that been your status for this whole 15-year
14
16
24
86
correct?
A:
Yes, around May of 2011.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
you had what we call in Delaware substantive dating
relationship.
A:
Do you have any dispute with that description?
I'm unclear of what that means.

THE COURT:
I think it's been stipulated that
they shared that relationship, so I'll consider it so
stipulated.
You've heard Ms. Driscoll testify that she believed
MS. MCNEICE:
Thank you.
Q:
Sir, has anyone ever called you an "outlaw"?
10
A:
Yeah, racing nickname.
11
Q:
Do you know how it is you obtained that nickname?
12
A:
Creative guy that I am business owners with, that
13
87
owns an apparel company came up with the creative name.
14
Q:
So you do have a line of apparel also?
15
A:
Hm-mm.
16
Q:
Did you ever call Houston Herman's Store for Little
17
Outlaw?
18
A:
Patricia Driscoll named him mini-outlaw.
19
Q:
Mini outlaw.
20
A:
On a Twitter feed, a social feed.
21
Q:
Ms. Driscoll has also indicated that over the course
22
of time that she's known you she worked to improve what might
23
be called your brand.
24
A:
What do you describe as your brand?
On racing there's an image that racers have, and

Phone: 212-346-6666 *Fax: 888-412-3655
88
they are primarily focused around the individual.
it can be tailored with sponsors or generally who that person
is.
the person.
Q:
What was your brand, sir?
A:
Hard charger.
Sometimes
And so I think its best described by the person who is
Could you describe that?
A racer that races to the front; that
gave it his all to try and win every race; one that did it his
way.
10
Q:
In your opinion, did Ms. Driscoll ever perform any
tasks that assisted in maintaining a brand?
11
A:
I think you hit the word perfect, assisted, yes.
12
Q:
She assisted you.
13
A:
Hm-mm.
14
Q:
She testified that she set up an interview for you
15
16
17
on, I believe it's NBC or Today Show?
A:
Hm-mm.
She did.
That would be one of probably 100,
200 that I would do through the year.
18
Q:
Throughout--
19
A:
Throughout the year.
20
Q:
A year, in a one year period.
21
A:
In one specific year interviews, yes.
22
Q:
Did she set up other interviews for you, if you
23
24
know, in the year 2014?
A:
Yes she did.

Phone: 212-346-6666 *Fax: 888-412-3655
'\
Q:
Could you name some of those?
A:
Hard to know specifically.
Her primary focus was
the Armed Forces Foundation.
spokesperson for the Armed Forces Foundation.
different interviews here or there.
Q:
I assisted her in being a
I'm sorry, you said here or there.
We would have
Could you
describe how many?
89
A:
Let's use one as an example; such as, the eBenefits
Campaign which was Dover weekend that was mentioned earlier in
10
court.
eBenefits reached out to NASCAR to have Kurt Busch be
11
a spokesperson for eBenefits, and then NASCAR communicated to
12
Stewart Hass Racing, which is one of my race teams that I race
13
for.
14
with eBenefits.
They asked me if I would be willing to be a spokesperson
15
Q:
Did you perform that task for them?
16
A:
I did.
It came along with production days, photo
17
shoots, photos that would be generated for use and
18
distribution to advertise the campaign.
19
in Dover there would be an interview that program had set up,
20
but also Ms. Driscoll would assist, because it only made sense
21
to help with the Armed Forces Foundation along with the
22
eBenefits campaign.
23
24
Q:
Thank you.
And on that weekend
And this Weather Channel interview, was
that also set up, if you know, by Ms. Driscoll?

Phone: 212-346-6666 *Fax: 888-412-3655
Yes.
She did that, hm-mm.
That was along with the
first trip that I made to the Weather Channel where I got to
meet the production crew that handles Al Roker.
on a trip that IMS Productions had set up, which would have
been Indianapolis Motor Speedway Productions for a promotional
event around the Indy 500.
got to see Al Roker.
do an interview together later on.
our team and we performed this so-called interview at the
10
A:
90
That was done
I had a childhood moment where I
I got excited and I said, hey, could we

Then their team got with
Weather Channel.
11
Q:
Where did that interview take place sir?
12
A:
New York City.
13
Q:
Was the NBC interview also done in New York City?
14
A:
Yeah, the Today Show.
15
Q:
Do you recall the date?
16
A:
That would have been a Thursday, so September 25th.
17
Q:
That's this year, right?
18
A:
2014.
19
Q:
Do you recall any interviews she may have set up for
20
you in 2013?
21
A:
I'm sure there was a certain number but, again, if
22
there's over around 200 a year interviews that we do, I would
23
say that she was less than 10% of those interviews on how she
24
would set them up or have her team, the Armed Forces
'

Phone: 212-346-6666 * Fax: 888-412-3655
Foundation, the PR Director Matt Ballard or her Chief
Operating Officer, Brian Cook.
3
4
5
So up to about 20 interviews a year.
Would you say
that was a fair number?

A:
Yeah.
I think my Assistant Christie might be able
to help understand some definition of the numbers.
Q:
Christie, what is her last name?
A:
Cloutier, C-L-0-U-T-I-E-R.
Q:
Is she here in the courtroom today, courthouse
10
Q:
today?
11
A:
She's in the courthouse.
12
Q:
Now, you've been advised about the
5th
Amendment.
13
know that you've spoken with the Dover Police, is that
14
correct?
15
A:
That is correct.
16
Q:
Do you recall who you spoke with there?
17
A:
Detective Wood.
18
Q:
Do you recall the date?
19
A:
No.
I don't know the date on when he called me by
20
phone as well as when I visited here in person in Dover,
21
Delaware.
22
23
24
91
Q:
That investigation is still ongoing, is that
correct?
A:
That is correct.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
yesterday.
testimony?
A:
I did.
Q:
She testified about an incident prior to September
26th, roughly a week before, the Sunday before.
an argument with Ms. Driscoll that day?
Did you have
A:
I had an argument, but not with Ms. Driscoll, no.
Q:
Not with Ms. Driscoll.
10
A:
No.
11
Q:
I believe that date is described as September 21st.
12
A:
Hm-mm, yes.
13
Q:
Is that right?
14
A:
September 21st.
15
Q:
How did you feel that day in the afternoon after
your race?
A:
I'm glad you gave me a chance to say that it was a
18
discussion and not an argument, because after the race had
19
concluded that Sunday afternoon, I had a poor race, a tough
20
finish.
21
future would bring.
22
23
)
Did you have an opportunity to hear Ms. Driscoll's
17
Ms. Driscoll, you were here in the courtroom
16
24
92
We had a discussion at that point about what our
Q:
THE COURT:
When you say we, sir, who do you mean by
A:
Patricia and I had--
that?

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
THE COURT:
A:
Had a discussion.
93
Ms. Driscoll and yourself?
THE COURT:
Thank you sir.
MR. BUSCH:
Sorry sir.
Q:
Is this when you were in the rental car sir?
A:
Yes.
Q:
Did you have an opportunity to observe the condition
8
9
10
11
12
of the rental car when you left it?

A:
It was tough to observe the rental car when she
drove off from me and stranded me standing behind it.

Q:
Did you have an opportunity to observe the
windshield sir?
13
A:
Yes, the windshield, hm-mm.
14
Q:
What was the condition of the windshield?
15
A:
When I tore off the review mirror it cracked the
16
windshield unexpectedly.
17
Q:
Were you surprised?
18
A:
I was very surprised.
19
Q:
That the window broke?
20
A:
Yes.
21
Q:
What surprised you about that?
22
A:
I just expected to grab the rearview mirror to
23
express my frustration with one piece of the vehicle and not
24
induce another problem to the vehicle.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Were you mad at anyone else that day?
A:
I left the racetrack.
the crew chief of the race team.
There was an argument with

It was in a controlled
environment inside our, what we call our offices at the

racetrack, the lounge of the hauler.
Q:
The hauler?
A:
Yes.
There's a transporter, a hauler that brings
the equipment to the racetrack.

that hauler.
There's a front office to
There was an argument there at the end of the
race.
Q:
Is this a trailer that's attached to a truck or
another vehicle?
A:
Yes.
It's a trailer.
Q:
When you say a hauler.
A:
Yes.
Q:
And hauler is spelled H-A-U-L?
A:
E-R.
A trailer attached to a truck.
Transporter, hauler/transporter, equipment
mover.
Q:
Did you hear Ms. Driscoll when she indicated that
you would either talk on the phone or text each other

frequently during each day while you were together?
A:
Throughout the relationship?
Q:
In the relationship, yeah.
A:
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
94
1
2
Q:
95
How about during the week of September 21, 2014,
through the 26th of that year?
A:
No communication.
Q:
No communication.
A:
When I was standing there stranded after she drove
You didn't text her that week.
away from me in a rental car, I texted her that I knew she
would pull a stunt, and that it verified in my mind what I
knew she was going to do, which was a stunt, and I said
goodbye forever.
10
Q:
Is that the only thing you said in that message?
11
A:
There might be some other specifics.
12
Q:
Did she contact you by text at any time during that
13
week sir?
14
A:
No ma'am.
15
Q:
I'm going to hand you a document that--
16
A:
Other than that moment on the 26th, I believe.
17
Q:
Let's talk about that.
18
document identified as Petitioner's 1.
19
THE COURT:
Mr. Busch, just so that you and I
20
are on the same page, literally, I'll ask you to identify
21
what you have been handed, because I have Petitioner's
22
Exhibit 1.
23
with Verizon LTE, 3:24 p.m. and it says back 33 and Kurt
24
and contact and there's a--
The Petitioner's Exhibit 1 that I have begins

Phone: 212-346-6666 * Fax: 888-412-3655
MR. BUSCH:
THE COURT:
Pl.
Yes, Pl.
Sunday, September 21,
7:32 p.m. is the first message on there.
you have sir?
MR. BUSCH:
Yes Your Honor.
THE COURT:
Thank you.
Q:
Is that the one
You may continue.
Who sent the text that's at the top of that page,
the one that is labeled September 21 5 t?
p.m., is that correct?
I believe it's 7:32
10
A:
Yes, 7:32.
11
Q:
Then there appears to be no contact for a while?
12
A:
Yes ma'am.
13
Q:
What was the next time you heard from Patricia
14
15
16
96
I initiated it.
Driscoll?
A:
It's the one you're referencing when she reached out
to me on Friday, September 26th at 7:31 p.m.
17
Q:
What did she say at that time?
18
A:
I hope you're okay.
19
Q:
What was your response?
20
A:
I'm crying, laying on the floor.
I just finished
21
watching Seven Years in Tibet.
I don't know which way is up,
22
but for some reason you confuse me more and your timing is
23
impeccable.
24
Q:
What is Seven Years in Tibet sir?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
97
It's a movie that I watched that has Brad Pitt as
the starring actor.
own journey; actually left his wife at the beginning of the
movie, who was pregnant, and went on his own journey.
was very spiritual, very inspirational, very creative movie.
It was a moving experience that I had no idea how it was going
to end.
Q:
Had you ever seen it before?
A:
I'd never seen it before.
10
Q:
I see.
11
A:
Hm-mm.
12
Q:
Crying?
13
A:
It was a spiritual movie.
He meets the Dali Lama in India, has his
That
You said you were lying on the floor?
Do you know why you were crying?

It was moving.
It got to
14
me in a way that had so many reflections of my life, and yet
15
there were so many definitions left untold in the movie that I
16
could draw conclusions to my life.
17
Q:
I see.
18
A:
So I was very moved by it.
19
Q:
So you were crying as you watched this movie.
20
A:
Yes.
21
Q:
I see.
23
A:
Yes I did, qualifying session.
24
Q:
Qualifying session.
22
There were some tear jerker moments.

Had you had a race or a qualifying race that
day?
How did that go?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
I think it was mediocre, qualified 20 something.
Q:
I don't know what that means sir.
3
4
)
/
98
You said
mediocre.
A:
Mediocre.
It's in the middle.
There are 43 cars
that will start the race, so 20 is in the middle.
Q:
So this is mediocre performance?
A:
Yeah.
Q:
Were you upset?
A:.
Yeah.
I felt like I could have done better.
10
Qualifying is just a starting position in a race.
11
miles to race on Sunday after starting position.
There's 400
12
Q:
Based on that performance did you, in fact, qualify?
13
A:
For the race?
14
Q:
For the race, I'm sorry.
15
A:
Yes.
16
Q:
So any further comments from you on that particular,
17
during the next hour or so?
18
THE COURT:
19
MS. MCNEICE:
20
THE COURT:
21
I'm sorry; the text.

The text messages that passed
between Ms. Driscoll and Mr. Busch that you were asking?
22
MS. MCNEICE:
23
THE COURT:
24
In terms of what?
A:
That's correct.
Thank you.
Looks like she reached out to me; I love you.

Phone: 212-346-6666 *Fax: 888-412-3655
Looks
like I replied back.
close as far as the responding time.
don't know if I do.
99
There's no .timeline so it must be pretty

I said I know, but I
I don't love anything right now.
Q:
How did you feel?
A:
Well, it was a movie that was, an emotional movie
that definitely made me think about life and the direction of
where I needed to go personally.
Q:
Had you had any alcohol on that day?
A:
Absolutely not.
10
11
I don't drink on race weekends.
haven't for 15 years.

Q:
THE COURT:
Mr. Busch, when you said I don't know if
12
I do, what did you mean by that?
13
I don't know if I do.
14
15
16
A:
that I don't love her.

Q:
THE COURT:
loved yourself.
18
Driscoll.
A:
20
21
What did you mean by saying
That was a polite way in my mind telling Patricia
17
19
So you weren't referring to whether you
You were referring to whether you loved Ms.
Yes.
THE COURT:
Q:
All right.
All right.
Thank you.
Now, during the week of September 21st
22
through the 26th, that Sunday to Friday, did you change the
23
code or the locks on your motorhome in Dover?
24
A:
No, I did not.
'~

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
100
Did you send anyone on your behalf or did you go to
Ms. Driscoll's home during that week to remove any of the
items that you had stored there?
A:
No, I did not.
Q:
Did you remove your vehicle from Ms. Driscoll's home
during that week at all?
A:
No, I did not.
Q:
Did you make any arrangements for Ms. Driscoll's
9
10
items that are stored at your home in North Carolina to be

packed up, removed and sent to her?
11
A:
Not during that week.
12
Q:
Not during that week.
13
Have they since been packed
up and sent to her?
14
A:
They've been packed up, yes ma'am.
15
Q:
They have not been transported to her?
16
A:
No.
17
Q:
Did Houston maintain some items in your motorhome?
18
A:
Yes.
19
Q:
Had you removed any of those items at any time
20
during the week of September 21st to the 26th?
21
A:
No.
22
Q:
It was Ms. Driscoll's testimony that she was
23
concerned about you on the 26th and that's why she initiated
24
this contact by text.
How did it make you feel when you saw

Phone: 212-346-6666 *Fax: 888-412-3655
101
this initial text from her?

A:
That was part of your timing is impeccable moment.
I felt like she always seems to know at all times where I am,
how I'm feeling, what I'm doing.
Q:
Does that concern you?
A:
It does.
Q:
When she said I love you were you surprised by that
statement?
A:
No.
10
Q:
Ms. Driscoll then testified that she appeared at
11
your motorhome at roughly 10:00 that evening, does that sound
12
about right?
13
A:
Yes, around 10 p.m. or so.
14
Q:
Where were you?
15
A:
Asleep in bed in the motorhorne at Dover
16
International Speedway.
17
Q:
Does anyone else live in this rnotorhome with you?
18
A:
No.
19
Q:
What did you think when someone entered the
20
rnotorhome?
21
A:
I was alarmed and frightened.
22
Q:
Frightened?
23
A:
It's my recollection that nobody should be corning in
24
that late at the evening.

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Were you alarmed sir because you didn't
know who it was who had entered your motorhome?
A:
Yes.
Q:
What did you say?
A:
I said who the fuck is there.
Q:
Who answered?
A:
Didn't take Ms. Driscoll very long to get from the
front of the motorhome to the rear bedroom alongside with her
son Houston, who she was holding his hand and came storming
10
into the bedroom area.
11
Q:
What did you say to her?
12
A:
Well, once I turned the lights on and you could see
13
that it was Ms. Driscoll and her son, the alarming, frightened
14
feeling then turned into confusion.
15
16
17
Q:
Did her son go to the front of the motorhome at that
A:
I think you asked me what did I say just before
time?
18
this, and I said what are you doing here.
19
That's what I remember saying at that point, because now
20
you're asking me about Houston.
21
that seemed a very inappropriate place for her son to be
22
because of the question that came out of Ms. Driscoll's mouth
23
after I spoke.
24
'-~
THE COURT:
102
Q:
You need to leave.
And now with Houston there
What was that question?

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
And she said you have to tell Houston it's over.
I'm demanding for you to say to Houston, tell him it's over.
Q:
And you said what?
A:
At that point I got up politely.
I walked right by
Ms. Driscoll.
motorhome and turned the TV on.
watched the TV.
motorhome I closed the sliding door.
front part of the motorhome to the bedroom area so that adults
10
could talk.
11
Q:
12
A:
103
I took her son Houston to the front of the
I see.
Houston obliged politely and
And then when I returned to the back of the

That would separate the
Now, your attorney indicated during cross-
exam that I believe you were nude at the time you were in bed?
13
A:
Yes ma'am.
14
Q:
Did you continue to be nude while you walked Houston
15
from your bedroom to the living room?
16
A:
Yes.
17
Q:
How long did Ms. Driscoll remain in your bedroom?
18
A:
I'd say about 8-10 minutes.
19
Q:
Do you recall the conversation?
20
A:
I do.
21
Q:
What's your version of the conversation sir?
22
A:
She was still confused on why I had broken up with
23
her.
24
woman; was there issues that you had with your race team that
She was demanding answers onto why; was there another

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
An issue with your race team?
A:
That's what she asked me.
Q:
Concerning an interaction in New Hampshire?
sure what--
A:
I'm not
That was our drive to the airport, to the Boston
airport, then New Hampshire from that race on September 21st.
Q:
That was after you had an argument in the hauler?
A:
That was our discussion on the way to the Boston
10
Airport on--
11
Q:
12
j
influenced your decisions with me from New Hampshire.
104
On the way to the airport you argued with your crew
chief in the office of the hauler, those were your words.
13
A:
That was at the race.
14
Q:
And that was in New Hampshire.
15
A:
Hm-mm.
16
Q:
And then you and Patricia discussed this argument.
17
A:
We had a discussion that was separate from an
18
argument that I had with my crew chief on the ride to the
19
airport in Boston.
20
Q:
Did you also--
21
A:
Which is where I ripped the mirror off of the
22
windshield.
23
the first time that two individuals are back to back, or back
24
together, to talk after our conversation ended September 21st.
You asked me about that earlier.
So now this is

Phone: 212-346-6666 *Fax: 888-412-3655
Now we're together September 26th when she showed up
unannounced.
Q:
So you had--
A:
So you're up to speed.
Q:
I'm sorry?
A:
Are you up to speed?
Q:
Yes.
105
So she asked you about whether there was an
issue with--refresh my memory.
with your--
You said there was an issue
10
A:
With the race team.
11
Q:
Race team.
12
A:
She asked me about why the relationship had ended
13
and that I needed to have the balls to tell Houston that it's
14
over.
15
into this adult situation.
16
son in front of a speeding train.
17
conversation.
18
of this is over and when all of this is through.
19
point--
20
Q:
Go ahead.
21
A:
She opened the door, went to the front of the
I, at that point, said why are you bringing Houston

Why do you want to throw your own
This is an adult
I will talk to him in the off season when all

At that
22
motorhome and grabbed Houston again.
Brought him to the rear
23
of the motorhome and demanded that I tell Houston to his face
24
right now that this relationship is over.
That's what she

Phone: 212-346-6666 * Fax: 888-412-3655
106
wanted me to do.
fashion to direct the conclusion of this relationship that I
ended with her on September 21st.
Q:
She was using her son in some sort of
THE COURT:
Mr. Busch, do you still have in front of
you the exhibit that's Petitioner's Exhibit 1?
A:
Q:
THE COURT:
do.
There appears to the court, at least, to
be some conversation, this text stream, after the part where
you indicated I don't know but I don't know if I do.
It looks
10
like there's a transmission from you that says I don't love
11
anything right now.
12
below that.
13
A:
The one in the lightly shaded bubble?
14
Q:
THE COURT:
15
A:
That is my final reply at around the 7:30 p.m. mark
Is that from Ms. Driscoll?
16
on September 26th.
17
have replied.
18
Q:
And then there's another transmission
Hm-mm.
It says it's down on top of me; I shouldn't
THE COURT:
And it looks like there's, it's sort of
19
cut off, but there's a response from Ms. Driscoll to that.
20
you remember what that response was sir?
21
22
23
24
A:
No.
Do
It looks like we can both understand and read
that it says Sweetheart, I'm your, and then it never finishes.

Q:
THE COURT:
Do you recall off the top of your head
what that response might have been?

Phone: 212-346-6666 *Fax: 888-412-3655
2
3
A:
I don't.
I do know that I never replied after I
shouldn't have replied.
Q:
THE COURT:
That was your last reply was the one
where it says it's down on top of me; I shouldn't have
replied.
107
A:
Yes.
THE COURT:
Thank you sir.
I'm sorry for the
interruption Ms. McNeice.
Q:
What do you mean it's down on top of me?
10
A:
She's referring to the world is coming down on you
You can continue.
11
in the text right before that.
12
of me but I shouldn't have replied.
13
14
Q:
I said yeah, it's down on top
So, ultimately, she left the trailer, is that
correct, the motorhome?
15
Q:
THE COURT:
16
A:
[Interposing] Yeah, you're missing some steps there
17
What happened after she demanded that--
ma'am.
18
Q:
Oh, I apologize.
19
Q:
THE COURT:
20
21
22
I thought--
You can continue.
What happened after
she told you that?

A:
So that she grabbed her son the second time.
there now?
23
Q:
THE COURT:
24
A:
I then--
Hm-mm.

Phone: 212-346-6666 *Fax: 888-412-3655
Are we
Q:
Yes.
A:
Got up out of the bed the same way I did the first
time.
down in front of the TV.
from the front of the motorhome to the rear.
adults in the rear bedroom again.
Took Houston to the front of the motorhome, sat him

I then closed the motorhome door
So now it's the
Q:
You took him back to the living room.
A:
Yes.
Q:
Was the TV on at that time, do you recall?
10
A:
Upfront, yes.
11
Q:
Did you continue to remain nude while you walked him
12
)
108
13
back up there?
A:
Yes.
So now upon closing the door to the bedroom,
14
Ms. Driscoll who was standing right next to my side of the
15
bed, which is the left side of the bed--
16
Q:
Were you sitting or lying down?
17
A:
I was going to--as I was walking by her that's where
18
we came face to face,
and I stopped and paused.
19
Q:
You walked by her, stopped and paused.
20
A:
As we were together close, which there's only 18
21
inches between the wall and the bed, so it's very difficult
22
for two people to really squeeze by one another.
23
agenda was to go and slide back underneath the sheets and sit
24
upright like I had been sitting and discussing things with
My first

Phone: 212-346-6666 * Fax: 888-412-3655
her.
with her, and this is about the fifth time that I asked her to
leave and she hadn't left yet--
5
6
Q:
THE COURT:
I'm sorry sir; did you say you had asked
her to leave five times prior, or four times prior to this?

A:
Yes.
But as the initial you need to leave, that was
when she put Houston in front of me the two different times
and I said you need to leave.
Actually, no, there was one more time.
This was the final time.

There was a total of
10
six times.
11
I said that to her as we're face to face standing there toe to
12
toe with her back up against the wall I took my hands and I
13
cupped her cheeks.
14
is in front of you.
This was the fifth time.
You need to leave.
I cupped her cheeks.
Q:
You took your hands.
16
A:
I took my hands and I cupped her cheeks.
I looked
17
at her eye to eye and I said you need to leave.
18
diffusing the situation, open hands, cupped her cheeks.
19
told her she needed to leave.
20
Q:
That was the fifth time.
21
A:
That was the fifth time.
24
When
It's hard to do this way because a human
15
23
I
But as I came by the second time and stood face to face
22
109
I was
I
At that point she didn't
reach out to push my arms down.

MR. HARDIN:
Excuse me.
Is this in response
to--I just want to be clear if there's an open ended

Phone: 212-346-6666 * Fax: 888-412-3655
question for him to tell the whole thing, that's fine.
Otherwise, I think it ought to be in question/answer.
THE COURT:
Ms. McNeice, you can
ask questions and Mr. Busch, I guess, your counsel is
asking that we just require you to answer the questions
that counsel is asking as opposed to sort of give
narrative testimony.
MR. BUSCH:
Yes Your Honor.
THE COURT:
Ms. McNeice.
10
11
MS. MCNEICE:
Well, with that hint from his
attorney I'll continue.
12
That's fine.
110
THE COURT:
Well, we could get, is this what
13
happened next and what happened next and what happened
14
next, but--
15
16
MS. MCNEICE:
for us, so--
17
18
He wants to fill in the blanks
MR. BUSCH:
It needs to be described because of
the fabrication that we listened to yesterday.
19
THE COURT:
That's fine.
I don't really have a
20
preference for how that's going to happen.
21
counsel wants it to happen is fine with me.
22
MR. HARDIN:
However
I would object to the side bar of
23
the hint.
24
earlier this morning about the constant volunteering by
If she, in light of what we had yesterday and

Phone: 212-346-6666 *Fax: 888-412-3655
111
her client, I don't think she needs to be talking about
me.
she wants to ask an open ended question, ask him to
exactly walk through what happened, that's fine;
otherwise, I think it should be question and answer.
But I would ask that this be done in response--if
THE COURT:
Well, Mr. Busch, then, what we'll
do is just ask that you answer Ms. McNeice's questions
and then, hopefully, what will happen is when your
attorney is able to ask you questions he'll give you the
10
opportunity to fill in what you need to fill in.
11
MR. BUSCH:
Yes Your Honor.
12
THE COURT:
Ms. McNeice.
13
Q:
Thank you.
Understood.
Let me just refresh where you were.
You
14
said you took her son back to the front again; came back in;
15
closed the door between your bedroom and the living area or
16
the other part of the motorhome, correct?
17
A:
Yes rna' am.
18
Q:
Walked by her.
19
You said you had about 18 inch space
and she had her back to the wall.
20
A:
Yes.
21
Q:
What side of the bed was this on?
22
A:
The left side.
23
Q:
And then what happened again?
24
You can tell me again
what happened.
Phone: 212-346-6666 *Fax: 888-412-3655
A:
112
When I diffused the situation with Ms. Driscoll by
asking her to leave for the fifth time, she then began to yell
and cuss at me that I am a fucking pussy and a coward and that
this is far from over.
a coward because I didn't tell her son that our relationship
was over.
stormed out.
Q:
What did you do after that, after she.left?
A:
I walked to the front of the motorhome and relocked
She began to tell me again that I was
She opened the bedroom door to the front and

Grabbed Houston and left.
10
the door.
11
to the motorhome.
12
send her a text, I believe, afterwards.
13
know what that text was.
I went back and laid in my bed, shut the lights off

I didn't think too much of it, but I did
Correct.
I don't
I'm sure you'll refresh my memory.
14
Q:
You did send her a text at that time?
15
A:
I don't know if I did or if I didn't.
16
Q:
Do you know where she went after she left your
17
motorhome?
18
A:
I did not know where she went nor did not care.
19
Q:
So you said you then remained in bed for a period of
20
time?
I apologize.
Strike that.
21
A:
Yeah.
22
Q:
I'm going to hand you what is then been marked as
23
24
I just went back to bed.
Petitioner's 2.
MR. LIGUORI:
What number?

Phone: 212-346-6666 *Fax: 888-412-3655
MS. MCNEICE:
THE COURT:
113
Two.
Mr. Busch, just again so we're on
the same page.
time stamped Friday, September 26th, 10:37 p.m.
the one that you have sir?
The first text on this page is dated and
MR. BUSCH:
Yes, P2.
THE COURT:
Thank you sir.
Is that
Q:
Is that the text that you are referring to sir?
A:
Yes.
10
Q:
What did that say?
11
A:
This text says Friday, September 26th, 10:37 p.m.
12
Here's the deal.
13
shit if you cooperate with our split.
14
then showing up unannounced hasn't been all that cooperative.
I will only support that Houston custody

Leaving me stranded and
15
Q:
How did you feel about her at that time?
16
A:
I felt like she put her son in a jeopardizing
17
situation.
18
battle with her ex-husband.
19
deserve all of what is going on with Patricia and the custody
20
issues that they have.
21
was about every nine months there
22
custody claim, paperwork, discussion.
23
motorhome yelling at me that I was the fucking pussy and a
24
coward, I lay there like a man and I texted her.
I know that she's been going through a custody

And poor little Houston doesn't
I spent four years with Patricia.

~ould
It
be some sort of
And as she just left my
I said I

Phone: 212-346-6666 *Fax: 888-412-3655
will support you for the rights to your son and your custody
issues if you learn how to deal with our separation; which is,
to accept it and leave, that the relationship had ended.
4
5
And this custody battle, you said every nine months?
Was she served with a document every nine months?

A:
There was definitely a couple situations where she
was served paperwork.
That was on a trip that we were ready to take this past July.
We were headed--I was taking Ms. Driscoll to Austria and the
11
12
'
Q:
10
114
One was right in front of me actually.
southern part of Germany on a nice vacation.

Q:
The custody battle she has, that's with a man named
Jeff Hermansdorfer [phonetic], is that correct?
13
A:
Yes, Jeff Hermansdorfer, her ex-husband.
14
Q:
Is he in the courthouse today?
15
A:
He's in the courthouse.
16
Q:
You've called him as a witness on your behalf.
17
A:
Absolutely.
18
Q:
Can you describe your relationship with Mr.
19
20
21
Hermansdorfer?
A:
Very distant.
I don't know Jeff very well.
Met him
at a few mediations, litigations, reached out to him.
22
Q:
23
litigation?
24
A:
THE COURT:
Were those pursuant to the custody
They were pursuant to the custody issues.

Phone: 212-346-6666 *Fax: 888-412-3655
I had his
phone number just in case of emergencies relating to picking
up Houston or dropping him off, but most of that was done
through their schedule.
really developed a full relationship with Jeff but I respected
him as Houston's father.
6
7
Q:
That was very strict.
So never
Were you present when Mr. Hermansdorfer might come
to Ms. Driscoll's home to pick up the child?
A:
Yes.
Q:
Did you speak with him then?
10
A:
No.
11
Q:
Why is that?
12
A:
Because there were crazy custody exchange rules.
13
Q:
What were those rules, sir, do you recall?
14
A:
That Houston had to walk out the front door of each
15
home and go directly to the other person that was picking him
16
up, to the other parent.
17
18
Q:
Did Mr. Hermansdorfer approach you during these
exchanges?
19
A:
During the child exchanges?
20
Q:
The exchanges with the child.
21
A:
No.
22
Q:
Do you recall the next time you had contact with Ms.
23.
_)
115
24
Busch--excuse me.
A:
I apologize.
Quite all right.
Ms. Driscoll.
I don't remember the next time

Phone: 212-346-6666 *Fax: 888-412-3655
116
that there was any type of digital communication such as text
or phone call.
Q:
You said you don't remember the date.
A:
Mm-mm.
Q:
I'm going to hand you a document.
MR. HARDIN:
MS. MCNEICE:
MR. HARDIN:
Let me see what he's being shown.

Yes.
Thank you.
Q:
Have you seen this before sir?
10
A:
Is this a new or is this supposed to be P3?
11
Q:
Have you seen that before sir?
12
A:
Let's see.
13
Q:
This is a text from you?
14
A:
Hm-mm.
15
16
It looks like a text.
To Patricia.
THE COURT:
MS. MCNEICE:
18
MR. HARDIN:
19
THE COURT:
Not yet I don't think.
I'm not
You don't Your Honor, no.
So it's not something sir that you
should read to me at this point.
21
MR. HARDIN:
22
THE COURT:
23
MS. MCNEICE:
24
Do you have this Your Honor?
sure but I don't think I have it yet, do I?
17
20
Can you identify it?
Is this an exhibit number?

It's not been admitted yet, so-I wanted him to identify it
first.

Phone: 212-346-6666 *Fax: 888-412-3655
MR. HARDIN:
117
Well, usually you do it by exhibit
number.
easier to refer to for us.
If we give it an exhibit number, it makes it
THE COURT:
I'm not really sure what it would
be in terms of Petitioner's exhibits at this point in
time once it's admitted.
we don't like to give things exhibit numbers until they
are actually admitted before the court.
identification numbers before they are admitted.
10
MR. HARDIN:
11
THE COURT:
We don't--just local practice,
We give them
I'd settle for that.

So I guess that will be
12
identification Petitioner's #1 since we haven't really
13
identified anything prior to this through that system.
14
So that will be Petitioner's 1 for identification.
15
Busch, that's what you have in your hand right now.
Mr.
16
MR. BUSCH:
Something new.
17
THE COURT:
Something new, apparently, yes.
18
don't have it.
19
Q:
You have identified that sir?
20
A:
Yes.
21
Text messages that are looking like exchanged
on October 5th, 4 in the afternoon, Sunday, 4:00.
22
MS. MCNEICE:
23
admitted.
24
Q:
Your Honor, I ask that this be
I believe it would be Petitioner's 10.
THE COURT:
Prior to admitting them, sir, are those

Phone: 212-346-6666 *Fax: 888-412-3655
118
text messages between you and Ms. Driscoll or between you and
some other person?
A:
It is me and Ms. Driscoll only.
THE COURT:
Then those will be admitted.
This
is Petitioner's Exhibit 10 now?
up where Petitioner's 2 left off it looks like to me.
So this actually picks
[Whereupon Petitioner's Exhibit 10 was admitted

into evidence. J
THE COURT:
Ms. McNeice, you may ask questions
10
of Mr. Busch about this document.
11
Q:
12
I'll ask you again, sir.
Did you initiate that
contact on October 5th?
13
A:
Yes.
14
Q:
Had you heard from Ms. Driscoll at any time between
15
September 26th and October 5th?
16
A:
Doesn't seem that way.
17
Q:
Can you tell me why you sent that text?
18
A:
Absolutely.
19
Do you want me to read it or do you
want me to tell you why I sent it?
20
Q:
Tell me why you sent it sir.
21
A:
I sent her a text on a Sunday after a race thanking
22
her sarcastically for taking screen shots of our personal
23
problems and distributing them to my team, Stewart Bass
24
Racing, where she mentioned everybody by name yesterday.

Phone: 212-346-6666 * Fax: 888-412-3655
She
2
3
4
was really good at the PR side of things.

Q:
THE COURT:
A:
No.
Just the general screen shots I saw from my
team members who were showing me things that she texted them.
THE COURT:
A:
All right.
Thank you sir.
So it's in reference to things I had seen.
/
(
Were you referring to some particular
screen shot or screen shots sir, or do you recall?
6
7
119
THE COURT:
Ms. Driscoll.
Q:
Was that team member the driver of your motorcoach?
10
A:
No.
11
Q:
Was that a specific team member that showed you a
12
screen shot?
13
A:
Quite a few people.
14
Q:
Was that the screen shot of you indicating that you
15
were laying on the ground crying?
16
A:
No ma'am.
17
Q:
Laying on the floor crying?
18
A:
No.
19
Q:
Which screen shot do you recall?
20
A:
There was a large variety of them.
21
Q:
You were angry with her at that time?
22
A:
To me it reminded me, which is part of this text,
23
24
the last time she helped me with my team.

Q:
And that was, sir?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
120
In reference to this text it would have been in
November of 2011.
Q:
What happened?
A:
She assisted my team owner, Roger Penske, at the
time in understanding that it might be best if the two of you
guys split.
Q:
I'm sorry; the two of what guys split?
A:
Mr. Penske and me, Kurt Busch, as the race car
driver.
10
11
12
13
She was talking to team members and Roger Penske
himself.
Q:
She assisted the team owner, Roger Penske, to do
what sir?
A:
Roger had asked her a question and her response was
14
it's like a marriage that's broken and it can't be fixed.
15
might be best if you two split.
16
17
18
Q:
It
So she said that you two should split, you and
Roger.
A:
Hm-mm.
So that's what this screen shot is in
19
reference to.
20
that I began to hear and to see from different team members
21
that she was sending during the time that we had been apart
22
from September 26th to October 5th.
23
the sarcasm within the text.
24
finishes with, by the way, thanks for telling the media as
This text is in reference to the screen shots
And so you can see there's
Thanks for your help.

Phone: 212-346-6666 * Fax: 888-412-3655
And it
121
well.
Q:
So the sarcasm is from you, is that correct?
A:
Yes.
Q:
Now, you said that was in 2011.
A:
That was the last time that she was really helping
6
7
8
me with my team.
Q:
But you sent this to her almost three years later,
correct?
A:
Yes.
My mind doesn't work that far apart.
In the
10
racing world she knows exactly when the last time that she
11
tried to assist my team owner in a discussion, and it would
12
have been directly at November 2011.
13
14
15
Q:
Did you continue to date her, live with her and
spend time with her between November 2011 and October 5, 2014?
A:
Yes.
16
17
MS. MCNEICE:
20
21
22
If I might
take one minute to review my notes.
18
19
Sorry Your Honor.
THE COURT:
Q:
You may.
On or about October 18th did you send Ms. Driscoll a
text asking is Houston in bed yet?

A:
Do you recall that sir?
Are we all done with this one because it seems
hacked up too.
23
Q:
Do you recall that?
24
A:
October--

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
18th.
A:
Is Houston in bed yet?
Q:
Hm-mm.
A:
Yes.
Respondent's 2 - - ?
THE COURT:
9
10
Q:
Your Honor, I'm referring to
You've got Respondent's 2.
And I'll note that--excuse me, go ahead.
Okay.
Could you
tell us what time that text was referenced?

A:
I see what time it says.
I know that I waited
11
Central Time, which would have been 7:30p.m., which would
12
have been 8:30 Eastern Time.
13
to bed.
14
the West Coast.
That's when Houston usually goes
So with this saying 5:26 I'm presuming that she's on
15
Q:
Your attorney provided that sir.
16
A:
Okay.
Says 5:26 p.m.
So the time is incorrect.
17
The date is correct, but the time that's printed here I know
18
for sure was 7:30 p.m. Central, 8:30 p.m. Eastern.
19
Q:
Where were you when you sent that text?
20
A:
In Alabama.
21
,_)
MS. MCNEICE:
122
THE COURT:
I need to be referred to what
22
you're talking about, because I'm not really sure what
23
text or what page of Respondent's 2 you're referring to.
24
MS. MCNEICE:
I apologize Your Honor.

Phone: 212-346-6666 *Fax: 888-412-3655
Text
that starts October 18th and it is R-2.
2
3
THE COURT:
I've got that.
I'm confused
because that text also appears on Petitioner's 7.
MS. MCNEICE:
THE COURT:
Yes.
Go ahead.
I'm good now.
Q:
in Alabama.
A:
Hm-mm.
Q:
I'm looking for my other exhibit.
10
123
It's your recollection, sir, that you said you were
Do you know where
Patricia was when you sent this text?
11
A:
No.
12
Q:
On the East Coast.
13
A:
She would have had custody of Houston that weekend.
14
Q:
How did you know that?
15
A:
Just due to the runoff of calendars.
16
17
I assumed she was in Maryland.
MS. MCNEICE:
minute.
18
THE COURT:
19
MS. MCNEICE:
20
time.
21
Q:
22
I apologize Your Honor, take one
Hm-mm.
I'm just trying to clarify the
It was your intention then to send it to her so that
she would have it at about 7:30, is that correct sir?
23
A:
8:30 p.m. Eastern.
24
Q:
8:30p.m. Eastern.

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Hm-mrn.
Q:
It says that you sent it at 5.
A:
5:26, yeah.
4
5
MR. HARDIN:
8:28.
Their own exhibit says
I think that's probably what the court noticed.
THE COURT:
I think Mr. Busch kind of explained
that being possible that Ms. Driscoll may have been on
the West Coast instead of the East Coast at the time that
the text was sent.
10
Excuse me.
124
MR. HARDIN:
11
estimating.
12
A:
I thought that's what he was
Hm-mrn.
13
MS. MCNEICE:
14
THE COURT:
Our document says 8-S:26 p.m. and Respondent's 2 says
15
5:26p.m., exactly three hours difference.
16
Q:
Is it possible that you were on the West Coast sir?
17
A:
It's possible.
18
19th that meant I was in Talladega, Alabama.
19
Q:
THE COURT:
20
A:
Yes.
21
22
I'm pretty sure looking at October
The first one is October 18th, right?
So this would have been Saturday night.
don't have a calendar.
Do we have a calendar?
THE COURT:
I have a calendar.
23
October the 18th was a--I'm sorry.
24
a Saturday.
It looks like
Yes, October 18th was
October 19th was a Sunday.

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1
2
Q:
A:
Q:
And you thought that Houston would be asleep at that
A:
Yes.
Q:
That was also what you said.
A:
Yes rna' am.
10
Q:
What did you want to talk about?
11
A:
That's exactly the sarcastic note that I received
My testimony is is that she was supposed to receive
this text at 8:30 p.m. Eastern time.
I'm sorry; your testimony was that you intended for
her to receive this at 7:30.
3
4
125
time?
12
back from her at 8:30 in the morning; what is it that you'd
13
like to talk about.
14
want to talk on the phone.
15
16
17
We never did get to speak.
She didn't
Q:
Did you intend to follow-up that text with a phone
A:
If she replied back to me with a text about wanting
call?
18
to communicate, then I believe we would have spoken by phone
19
that evening.
20
21
22
MS. MCNEICE:
Thank
you.
THE COURT:
Mr. Liguori, Mr. Hardin, do you
23
folks have cross for Mr. Busch?
24
MR. LIGUORI:
Your Honor, could we respectfully

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
just take a minute or two to discuss something.
THE COURT:
MR. LIGUORI:
THE COURT:
Sure.
THE CLERK:
All rise.
THE COURT:
Mr. Busch, you are still under
Sure.
Maybe a five minute recess.
We're in recess.
oath.
including your lawyers right now.
You can't discuss your testimony with anybody

Thank you.
[OFF THE RECORD]
10
[ON THE RECORD]
11
THE CLERK:
Please be seated.
12
THE COURT:
I want everyone to know I am not
13
responsible for that mask over there.
14
every time I walk into this courtroom.
15
All right, Mr. Hardin, you are standing?
16
_)
126
MR. HARDIN:
It startles me
I'm just saying.
Your Honor, if I understand is
17
this perhaps their last witness, may I inquire, because
18
it has something to do with what we do going forward?
19
THE COURT:
20
witness in your case in chief?
21
MS. MCNEICE:
22
THE COURT:
23
MR. HARDIN:
24
Ms. McNeice, is this the last
This is, Your Honor.

Okay.
Then I think we will, with the
schedule, because we have several out of town witnesses

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127
PROCEEDINGS
who have been waiting.
THE COURT:
MR. HARDIN:
Mm hrnm.
So, I would like to reserve my
examination, as direct examination of him during our
case.
THE COURT:
MR. HARDIN:
Okay.
So, I will not question him right
now, in their case.
case, which will include putting him on.
10
Once they rest, we will put on our
THE COURT:
All right.
All right, Mr. Busch,
11
you may resume your seat next to your counsel.
12
McNeice, Petitioner has rested at this point?
13
14
MS. MCNEICE:
understood.
15
16
Oh, I apologize, I thought you
I am-
THE COURT:
[Interposing] I do understand, but
sometimes we just have to say it, that's all.
17
18
Ms.
MS. MCNEICE:
Petitioner has completed her case
in chief.
19
THE COURT:
Thank you.
All right, Mr. Hardin,
20
- - your statement so I am assuming you are calling your
21
first witness.
22
MR. HARDIN:
I'll call one, if I may, Your
23
Honor, Mr. Domcheff - Mike Domcheff, he should be right
24
out there.

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PROCEEDINGS
1
2
THE COURT:
Mike Domcheff.
All right, good
afternoon, Mister - is it Domcheff?
MR. MICHAEL DOMCHEFF:
THE COURT:
Yes, sir.
All right, Mr. Domcheff, please
stand next to the witness stand and we'll swear you in or
affirm you.
7
8
THE CLERK:
right.
11
Left hand on the Bible, raise your
State your full name.

MR. DOMCHEFF:
10
128
THE CLERK:
whole truth and nothing but the truth, do help you God?
12
MR. DOMCHEFF:
13
THE CLERK:
14
Michael Steven Domcheff.
I do.
Please spell your last name for the
record.
15
MR. DOMCHEFF:
16
THE CLERK:
17
MR. HARDIN:
D-0-M-C-H-E-F-F.
Be seated.
I asked the reporter if she was
18
able to hear that on the microphone, that spelling.
19
you able - were you able to-
20
COURT REPORTER:
21
MR. HARDIN:
22
Okay.
If you will say again, for
the record, what your name is please?
23
MR. DOMCHEFF:
24
MR. HARDIN:
Were
Michael Steven Domcheff.

And would you spell it please?

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' 129
PROCEEDINGS
MR. DOMCHEFF:
MR. HARDIN:
I am informed that
sometimes when I step away from the microphone it creates
a problem for the recording, and so, similarly, if you
will just sort of keep your voice up, not only so I can
hear, but what you are saying is being recorded.
MR. DOMCHEFF:
MR. HARDIN:
M I C H A E L
Okay.
All right?
D 0 M C H E F F, having been
11
DIRECT EXAMINATION
12
BY MR. RUSTY HARDIN
13
Q:
How old a man are you, Mr. Domcheff?
14
A:
Forty-seven- or 57.
15
Q:
We all - we all would like to eliminate ten, right?
16
All right,
10
D-0-M-C-B-E-F-F.
And where do you live now?
17
A:
I live in Gastonia, North Carolina.
18
Q:
How are you currently employed?
19
A:
I am employed through Kurt Busch Logistics.
20
Q:
And how long have you been working for Mr. Busch?
21
A:
One year, or not quite one year, since January 1 st.
22
Q:
All right.
23
were you in?
24
A:
And before that, what type of employment
I worked for the Motor Racing Network, and I was a

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF M. DOMCHEFF BY R. HARDIN
utility person/truck driver.
Q:
And what does that mean?
A:
I was involved with, at one point, driving the motor
home for the president of Motor Racing Network.
with setting up of audio equipment, for the broadcast, tearing
down equipment for the broadcast.
and I filled in, to drive the transporter, which involved
setting up the transporter, setting up the equipment, tearing
down the equipment, packing up, getting the unit to and from
11
Q:
All right.
At one time our driver quit
Let me ask you this.
How long have you
12
been around, in one form of profession or job or - or another,
13
NASCAR?
14
A:
Since 1992.
15
Q:
Since 19 what?
MS. MCNEICE:
17
answer.
18
A:
20
21
MS. MCNEICE:
Q:
I'm sorry, I didn't hear his
Since 1992.
19
'
Also involved
each racetrack.
16
What were you doing?
10
130
Yeah.
Thank you.
If you'll just keep your voice up please.
All right, and in 1992 what were you doing?
22
A:
I drove a show car, for Milsap show car.
23
Q:
All right.
24
And how many years have you been around
these motorhomes?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
I've been around for the last eight years.
Q:
In your particular position, with Mr. Busch, what
131
3
4
are your responsibilities?

A:
Getting the motorhome to and from the track,
maintaining the motorhome, setting up the motorhome at the
track, purchasing groceries, doing cleaning, dry cleaning,
making the bed, cleaning up the interior, in this case, from
time to time taking care of Houston, which-
9
10
Q:
[Interposing] I' 11 get to that.
So, when you
started in January, for instance-
11
A:
[Interposing] Mm hmm.
12
Q:
-how was it that you came about working for Mr.
13
14
Busch?
A:
I expressed interest to a friend of mine that you
15
know I was looking to make a change.
16
another fellow, which my name got brought up to Mr. Busch.
He passed it on to
17
Q:
And so-
18
A:
[Interposing] I was recommended.
19
Q:
Were you - were you interviewed for the job?
20
A:
Yes, sir.
21
Q:
How interviewed you?
22
A:
I first received a phone call from Patricia and -
23
Q:
[Interposing] Are you talking about Ms. Driscoll?
24
A:
Ms. Driscoll, yes.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
All right.
In the courtroom today.
So, between the
two of them, the person who first contacted you about being
the driver was whom?
A:
Patricia Driscoll.
Q:
And after you spoke to Ms. Driscoll, did you meet
132
with her and Mr. Busch?
A:
Yes.
Q:
Or - for what, an interview?
A:
Yes, a job interview.
10
Q:
And how long did they interview you?
11
A:
Probably about 45 minutes, I would say.
12
Q:
Who asked you the most questions, in that interview?
13
A:
I think it was probably equal.
14
Q:
All right.
)
'
15
And during this interview, did Mrs.
Driscoll participate equally then with Mr. Busch?
16
A:
Yes.
17
Q:
And at the end of the day - during this interview,
18
was it mentioned that you might have, as a responsibility,
19
looking after her son?
20
A:
Yes.
21
Q:
How did that come up and what was said?
22
A:
Just that you know from time to time we bring
23
Houston to the track and there would be times where I would
24
transport him to and from the pit road.
I would also have to

Phone: 212-346-6666 *Fax: 888-412-3655
stay with him when he was in the motor coach by himself.
you know basically just watch over him, babysit.
3
4
5
6
7
8
9
Q:
133
And
About how often would you babysit for Houston, since
January this year?
A:
I would probably say - I would probably say in the
neighborhood of 17 to 18 times.
Q:
All right.
And these sessions in which you would
keep him, it would be for how long?

A:
Generally from when the race started until the end
10
of the race.
11
race, it might be anywhere from two hours to three, three and
12
a half hours.
13
Q:
Which you know, depending on the length of the
All right.
So, were toys and things for - or things
14
for him to play with and deal with, so were they kept in the
15
motorhome?
16
A:
Yes.
17
Q:
And is that - is that the reason, because he was
18
frequently there?
19
A:
Yes.
20
Q:
All right.
And now, if I can, can you describe what
21
your relationship was with each of these people?
22
all, Mr. Busch?
23
24
A:
He was my employer.
understand what you're saying.
First of
Basically, I don't quite

Personally or- -wise?

Phone: 212-346-6666 *Fax: 888-412-3655
. /
Q:
Well, there's a reason you don't understand, it
wasn't a very good question.
understand it.
That's why you couldn't
A:
Okay.
Q:
So, what I'm really asking is how would you describe
Mr. Busch, in terms of what he was like in his dealings with
you and others?
8
9
10
A:
12
Very gentlemanly, you know very cordial.
presence, he has, again, been very affectionate, gentlemanly.

Q:
Well, he has been described by others in this case
as having a temper.
Is that a fair observation?
13
A:
From time to time, yes.
14
Q:
And how would you observe it?
15
A:
Generally, if he had a bad race, you know he would
Q:
[Interposing] Well, we've heard that phrase.
be-
18
19
In what
circumstances?
16
17
You know
he - all the people that I know that he has talked to, in my
11
134
Tell
me how he would react after a bad race?
20
A:
Not very quiet.
Of course I knew what my job was to
21
take him back to the motorhome or take him to a vehicle or you
22
know could be a golf cart.
23
And he was very quiet, generally, until you know I dropped him
24
off.
I used to take him via golf cart.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Well, did you ever see him angry?
A:
I've seen him angry probably twice.
Q:
And in a year?
A:
Yes.
Q:
All right.
And can you describe what those
circumstances were?
A:
There was one circumstance where-
Q:
[Interposing] Give me somewhat of a timeframe.
A:
Dates or?
10
Q:
Yeah,
11
I mean when?
You don't have to give me exact
date, give me a month.
12
A:
There was a time-
13
Q:
[Interposing] I mean it has to be sometime this
14
year, right?
15
A:
Right.
16
Q:
Okay.
17
A:
There was a time after Charlotte qualifying, or
18
135
Right.
Go ahead.
pardon me, the Charlotte race, the All Star Race-
19
Q:
[Interposing] And what month of the year is that - -
21
A:
That would have been in May.
22
Q:
May of this year?
23
A:
He - he was very - he was very agitated after the
20
24
Okay.
race, because he didn't do well.
And you know was just

Phone: 212-346-6666 *Fax: 888-412-3655
136
basically very short with me about the way I was driving the
golf cart back to the motorhome.
Q:
Right.
A:
And I dropped him off and-
Q:
Did you take exception to that?
A:
No.
Q:
Why not?
A:
I've learned, because of the nature of being around
9
10
11
racers for years, to ignore what is said.

Q:
Well, you have sometimes described him as a person
of passion, haven't you?
12
A:
Yes.
13
Q:
What do you mean?
14
A:
He, you know, I think as an athlete, I think he's
15
just a very passionate person about what he does.
16
all into the sport.
17
And I think he expresses his passion in different ways and I
18
think one of the ways is that if he's not successful at what
19
he is doing, he - he vents it through anger.
He puts his
More so than some of the other drivers.
20
Q:
Has he ever been abusive to you?
21
A:
No.
22
Q:
Have you ever seen him be abusive to Ms. Driscoll?
23
A:
No.
24
Q:
What did you observe about their relationship?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
137
That they were very loving, very caring if they were
2
3
Q:
If you had to describe, and were asked, from outward
appearances and from your dealings, who was in charge of that
relationship, what would you say?
A:
Oh, I would say Patricia Driscoll.
Q:
And how did that reflect itself?
A:
A lot of times when I asked her to, you know, if he
in public.
wanted me to do an event, for instance, buy groceries or place
10
a cart somewhere or you know what do - it could be - there is
11
a myriad of things that I could mention - that I can
12
he would always tell me, you know check with
but
Patricia~
13
Q:
And would you check with Patricia?
14
A:
Yes.
15
Q:
And then who would make the decision?
16
A:
Patricia.
17
Q:
In the different things that you did and observed
18
over this year with them, who made most of the decisions in
19
that relationship?
20
A:
Patricia.
21
Q:
Now, did Kurt seem to mind that?
22
A:
No.
23
Q:
What did you observe about- about Kurt's drinking?
24
Can you describe it?
There has been a lot of talk about it.

Phone: 212-346-6666 * Fax: 888-412-3655
2
3
138
Without telling you what the talk has been about in here,-A:
[Interposing] I personally have never seen Kurt
drink.
Q:
At all?
A:
I take that back.
He did drink the night before -
we had a Christmas party and that is actually the first time I
have seen him drink.
Q:
This year?
A:
Yes.
10
11
12
Which was I believe last Tuesday - last
Tuesday.
Q:
You went from January of this year, to Tuesday,
without seeing him to drink?
Without seeing him drink at all?
13
A:
Yes.
14
Q:
Would you ever have a bunch of empty beer cans or
15
bottles or so in the trailer?
16
A:
No.
17
Q:
Well, how many times a day would you see him - or
18
19
times a week would you see him?

A:
Generally, I would see him; and depending on the
20
race, I would see him anywhere from four to in some cases a
21
whole week, seven days.
22
Q:
Well, after September the 26th of this year, and I'll
23
come back to that date, but after September 26th of that date,
24
until this Christmas party we talked about, did you see him

Phone: 212-346-6666 *Fax: 888-412-3655
139
drink at all?
A:
No.
Q:
Did you enter the trailer or the motorhome - what do
you all call it?
I keep-
A:
[Interposing] Bus.
Q:
Huh?
A:
The bus.
Q:
The bus?
10
All right.
comfortable with that.
Well, I'm much more
When you entered the - how big is this
thing, by the way?
11
A:
It's probably about 50 feet long.
12
Q:
And is it - some people
13
A:
Well, in the slang term is - they call them land
14
yachts.
15
Q:
Land yachts?
17
A:
Yes.
18
Q:
And why is that?
19
A:
Because they are basically a yacht on wheels.
20
Q:
Okay.
21
A:
They're tricked out.
22
Q:
And so, this particular bus, this land yacht, did
16
~all
it what?
That's what the racing world calls
them?
23
you go into the trailer - assume what we are here about is
24
something that happened on Friday, the 26th of September of

Phone: 212-346-6666 *Fax: 888-412-3655
140
this year ..
A:
Mm hmm.
Q:
Were you in the bus the next day?
A:
Yes, sir.
Q:
How would you describe the general condition of it?
A:
It was - I
generally go in to clean - clean up after
you know whoever is in the bus and just have everything neat
and orderly.
the bed was unmade and that was pretty much all.
Q:
10
11
And the only thing that I had noticed is that
Well, did you see any empty alcohol containers of
any kind?
12
A:
No.
13
Q:
Now, from that day forward, did you see Mr. Busch
14
that day?
Saturday?
15
A:
Yes.
16
Q:
Do you recall about what time of the day?
17
A:
The first time I saw him was probably around ten
18
o'clock in the morning.
19
Q:
Ten in the morning?
20
A:
Yes.
21
Q:
And do you recall what he was doing or where you saw
A:
He came out of the motorhome with a coffee.
22
23
24
him?
waiting for him on a golf cart.
I was
Typically we run our drivers

Phone: 212-346-6666 *Fax: 888-412-3655
to the garage on the golf cart.
Q:
Charlotte Speedway you said you saw him angry?

Mm hmm.
Q:
Was that after a bad race?
A:
Yes.
Q:
Was he abusive to you when you said he was short
with you?
A:
Just, you know, basically there were - what happened
11
was we were driving back through the crowds and unfortunately
12
there was too many people to get through, so I had to force my
13
way through with the golf cart.
14
because there was people in the way and I was trying to shoo
15
people out of the way and they were just - he was getting
16
aggravated with me shooing the people out of the way.

Q:
All right.
And he got a little short
And then what about the second time you
saw him angry?
19
A:
That would be after the New Hampshire race.
20
Q:
Now, we've heard that - do you recall whether or not
21
At the Charlotte -
A:
18
'~
You said there
17
Now, I want to go back.
was another time you had seen him angry.
10
All right.
141
- what the date of that race would have been?
22
A:
It was-
23
Q:
[Interposing] And if you can't, I can plug it in for
24
you.
But go ahead.

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142
A:
I believe it was the 21st_
Q:
[Interposing] All right.
A:
No - the 21st .
Q:
Do it this way, if Friday was the 26th, everyone is
going to agree on that.
21st?
A:
So, you think it was September the
The New Hampshire race would have been-
THE COURT:
[Interposing] If it helps,
September 21st of this year was a Sunday.
10
MR. HARDIN:
Yeah, I appreciate being bailed
11
out, because I didn't mean it as a test.
12
Q:
13
All right, so the 21st Sunday.
On that race, were
you there that day?
14
A:
Yes.
15
Q:
And was Ms. Driscoll at all the races that you were
16
at during that year?
17
A:
Yes.
If you can remember?
There were races that she didn't come the
18
whole weekend, but she was pretty much there every single
19
race.
20
21
Q:
And as we do the - - , when we talk about a race
weekend, what days are we talking about?
22
A:
A typical race weekend is Friday, Saturday, Sunday.
23
Q:
Okay.
24
A:
Qualifying on Friday.
Qualifying on Friday?
Practice and - and there are

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143
were qualifying on Saturday also.
I
2
Q:
All right.
A:
But typically it is qualifying Friday, practice
4
5
6
Saturday, race Sunday.

Q:
Okay.
Now, on this race in New Hampshire, on Friday
the - I mean on Sunday the 21st, __
A:
[Interposing]
Q:
-of September, how did Mr. Busch perform?
A:
Not too well.
10
Q:
All right.
11
Mm
hmm.
And so what was his attitude or reaction
after that race?
12
A:
I could see that he was agitated at first.
13
Q:
All right.
14
And so when you say this was the second
occasion - this is the second occasion you saw him angry?
15
A:
Yes.
16
Q:
Was he abusive to you that day?
17
A:
Yes.
18
Q:
Okay.
19
20
21
Let's talk about that.
What time of the day
did you - did youA:
[Interposing] It would have been close to 5:30, post
race - after the race.
22
Q:
All right.
23
A:
I picked Kurt and Patricia up at the coach on the
24
Tell us what happened.
motorhome - at the motorhome, the bus.
Previous to that, I

Phone: 212-346-6666 *Fax: 888-412-3655
had talked to security at the track to find out an exit way to
get out of the track to get Kurt to his car, which I had
staged earlier.
picked Kurt up, followed that route, missed one turn and ended
up having to go through a fence to come back to the original
road and when we got to a point, a car had blocked the path
that we were to<take, that the security guard had told us to
take.
that this is the word idea you've ever had and that you know
you should have never come this way and I should have walked.
11
And at that point, he just got off the golf cart and stated or
12
said - am I allowed to use expletives?

THE COURT:
Yeah, you can.
Yes, sir.
14
Q:
15
hasn't.
16
A:
He said- he basically said I'll just fucking walk.
17
Q:
All right.
18
A:
Yeah, and then he jumped off the golf cart and
- - the only witness here who
I'll just fucking walk?
headed down the road that - -
20
Q:
And what did Patricia do?
21
A:
She jumped off the back of the golf cart and
22
'
And so I
10
19
And they gave me a route to follow.
And at that point, Kurt had told me basically that -
13
144
followed.
23
Q:
Now, is that all you remember him saying?
24
A:
Pretty much.
'"----/

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Q:
Well,--
A:
Because I'm - again, you hear so many things after
being on the circuit for so long, a lot of things just pass
through.
)
I
145
Q:
Well, there have been a lot of things said about
him, so I'm trying to get a feel for you, if I can.
A:
Mm hmm.
Q:
What's he like to work for?
A:
Great.
10
Q:
Why?
11
A:
He's very gracious, very thankful.
How is he great to work for?

He is always
12
thanking me every weekend, you know what a great job I do.
13
one time there was a rumor going around that he was looking
14
for a replacement.
15
Chicago he came up to me and said Mike, I don't want you to
16
worry about it.
17
is guaranteed, don't worry about what you hear out there.
18
he is, you know, I would say that he has been very gracious.
19
Q:
At
And he nipped that in the bud and - in
You've got a job with me.
He said your job

So,
If you had to rate your job with him the last year,
20
compared to all the jobs you've had all these years before,
21
how would you rate it?
22
A:
Probably in the top - the top ten, definitely.
23
Q:
Well, how many jobs have you had?
24
A:
Urn-

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
[Interposing]
In the top ten?
Let me ask you this.
Wow.
All right.
Okay.
- the golf cart that day, did you see him again at all that
day?
When you -when he got out of the
A:
No.
Q:
That was the last time you saw him?
A:
Yes, sir.
Q:
All right;
9
10
146
Now, did - when did you become aware, if
you did, that he and Patricia had broken up or that he had

said that - to Patricia they were broken up?
11
A:
I received a phone call-
12
Q:
[Interposing]
13
A:
From Patricia.
14
Q:
When did you receive that phone call?
15
A:
I believe it was Wednesday.
16
Q:
Okay.
17
A:
No.
18
Q:
You hadn't - you didn't see him from Sunday to when
19
From who?
You had - had you seen Kurt by then?
you got the phone call from her on Wednesday?
20
A:
I hadn't seen Kurt at all, no.
21
Q:
Okay.
22
Well, had you talked to him over the phone or
by text or anything?
23
A:
No, sir.
24
Q:
Had you - were you aware of anything that had

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147
happened between them on the Sunday?
A:
No.
Q:
Okay.
A:
Basically she said that we were done, that Kurt and
And what did Patricia tell you on her phone
call?
5
6
I are broke up.
She indicated that - that she had drove to
the airport - or he had drove to the airport to drop him off.
I'm trying to recall everything-
Q:
That's all right.
10
A:
-the conversations.
11
Q:
The best of your memory - if you don't remember
12
that's okay.
13
A:
Yeah.
14
Q:
But to the best of what you remember as to what she
A:
Well, those are the - I mean those are the points
15
16
said.
17
that I remember is that you know that she dropped him off at
18
the airport in Boston and they were split up.
19
Q:
Did she say anything to you about how she left him?
20
A:
Urn, I do recall her saying something about he
21
grabbed his backpack and went to get his suitcase and she urn -
22
he was getting his suitcase out of the back and she
23
accelerated the car and he had grabbed on to a handle or
24
something, on the back of the trunk, and she took off.
'-.___/

Phone: 212-346-6666 * Fax: 888-412-3655
('
Q:
Did she say what happened to the handle?
A:
I believe it got broke off.
Q:
As she sped away?
A:
Yes.
Q:
And then did she sound upset about it?
A:
Yes.
Q:
Did she sound regretful about it?
A:
I would say that - I'm trying to recall the-
Q:
[Interposing] That's all right.
If you can't - any
10
of these questions, don't force yourself to remember something
11
that you don't remember.
12
A:
Right.
13
Right.
THE COURT:
And sir, if you do need time, just
14
l e t - let counsel know and then we'll take the time that
15
you need to - to think for an answer.
16
17
18
19
20
~--)
148
MR. DOMCHEFF:
Q:
Okay.
Do you have a memory of how she sounded on the
phone?
A:
You know,
I believe she sounded concerned.
that would probably be the best-
21
Q:
[Interposing] Did she sound angry-
22
A:
-description.
23
Q:
-at all?
24
A:
No.

Phone: 212-346-6666 *Fax: 888-412-3655
I mean
Q:
All right.
A:
I don't recall.
Q:
All right.
4
5
6
And did she say why they had broken up?
Now, how would you describe your
relationship with Patricia?

A:
Well, I thought it was again very respectful.
mean we - we did talk a lot.
We became friends,
Q:
How often did you talk to her?
A:
Once a week.
149
I would say.
I mean you know - I mean we - we had
conversations, you know probably once a week.
10
Q:
And did you feel you also worked for her?
11
A:
Yes.
12
Q:
And how was she to work for?
13
A:
I would probably describe her as high maintenance.
14
Q:
In what way?
15
A:
You know, she had a lot of needs and requests that -
16
that generally I fulfilled.
17
cleaning up in the bedroom, dishes, urn-
18
19
Q:
And again like anywhere from
[Interposing] Were you used to - expected to wash
the dishes too?
20
A:
Yes, sir.
21
Q:
Is that normal?
22
A:
Not normal for a lot of the coach drivers.
23
Q:
But who wanted you to do that?
24
A:
Patricia.

Phone: 212-346-6666 *Fax: 888-412-3655
2
3
Q:
And did you get requests a lot of times late at
night?
A:
I did get a few requests where she would call me
late at night and say that we're out of something.
instance I particularly remember was butter.
One- one
Q:
What time of night did she call you about butter?
A:
About eleven o'clock, at night.
150
And I shouldn't say
call, i t was a text.
Q:
A text?
10
A:
Yes.
11
Q:
Okay.
Now, on this particular Wednesday, when you
12
talked to her, when is the next time you talked to her or saw
13
her after that?
14
A:
The day after.
15
Q:
The day after?
16
THE COURT:
Thursday?
17
A:
Thursday
18
Q:
The next day?
19
A:
Yes.
20
Q:
All right.
21
A:
Urn we talked on the phone.
22
Q:
Who called whom?
23
A:
Patricia called me.
24
Q:
And why did she call you?
the Thursday.
And where did you see or talk to her?
What did she tell you?

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151
A:
She wondered if I had heard from Kurt.
Q:
Had you, by that time?
A:
No.
Q:
All right.
A:
I said I hadn't heard from Kurt at all.
Q:
And what did she say?
A:
She said well that he was supposed to go to New York
City and do-
Q:
[Interposing] She said what?
10
A:
She was supposed to go to New York - he was supposed
What did you tell her?
11
to go to New York City and do some appearances, and I don't
12
recall the appearances.
13
Q:
Okay.
Well, let's assume the Court knows that they
14
were at the Weather Channel and with the Good Morning - or
15
rather the Today Show.
16
A:
Mm hmm.
17
Q:
All right.
18
And when I say that does that refresh your memory at all?
19
A:
Yes.
20
Q:
All right.
21
22
23
24
Did she say what the appearances were?
Yes.
And so, when you told her you hadn't
seen him, what did she say after that?
A:
She said that she was worried about him and that
when she left him, he seemed very distraught.

Q:
And what did you say?

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152
1
2
A:
Urn, I just told her if I heard from him that I would
let her know.
Q:
Well, were you worried about him at that time?
A:
Urn, yes, I was.
Q:
Why?
A:
Well,
I was just concerned for his wellbeing.
mean you know just not knowing where he was at.
Q:
Well, was your concern based on what she was saying?
A:
Yes.
10
Q:
Let's assume she hadn't called you on Wednesday or
11
Thursday, or said anything to you, when you said goodbye to
12
him on Sunday, after that, would you have been concerned about
13
him after that?
14
A:
No.
15
Q:
So, when you got concerned about him, that was based
16
on what?
17
A:
On what Patricia had said.
18
Q:
Did you have any idea whether that - what she was
19
telling you was true or not?
20
A:
No.
21
Q:
All right.
22
23
24
I had no idea if it was true or not.

So, then when did you talk to her next?
Or how did the conversation end?

A:
On Thursday?
Just what I remember is that if I hear - if I hear
from him or see him, I will let you know.
----"'

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Okay.
153
And then when was the next contact you had
with either one of them?
A:
Patricia called me on the Thursday.
Q:
The same Thursday?
A:
Yes.
Q:
Again?
A:
Yes.
Q:
About what time were these calls?
The first one you
talked about was at what time?
10
A:
I'm trying to recollect.
12
Q:
And when was the second one?
13
A:
It was probably - I think it was later in the
11
14
I believe it was around

'
noon.
afternoon.
15
Q:
And what was the - what did she say in this call?
16
A:
Just she - again she asked if I had heard from him.
17
Q:
So, how many hours apart did she call you about
18
whether you had heard from him?
19
A:
Twenty-four - roughly 24.
20
Q:
Well, how could it be 24 if they both calls were on
21
Thursday?
22
A:
Oh, the one call was on Wednesday around noon.
23
Q:
Okay.
24
A:
The other call was probably late in the afternoon on

Phone: 212-346-6666 *Fax: 888-412-3655
the Thursday.
2
3
154
Q:
And this is partly my fault.
But I'm confused.
Let's go back.
A:
Okay.
Q:
You said you received a call from her on Wednesday,
right?
A:
Mm hmm.
Q:
The first one.
A:
Right.
10
Q:
And you told us about that and you hadn't heard from
11
him and you told her if you did hear from him.
12
A:
Mm hmm.
13
Q:
And then your next call was Thursday around what
15
A:
Probably in the afternoon, around three o'clock.
16
Q:
All right.
14
17
time?
So, you only received one phone call on
Thursday?
18
A:
That I remember.
19
Q:
Okay.
20
And on that - when did - which phone call was
it she talked about he was supposed to go to New York?
21
A:
On the Wednesday call.
22
Q:
On the Wednesday call?
23
A:
Mm hmm.
24
Q:
And when she called you on Thursday, what did she

Phone: 212-346-6666 *Fax: 888-412-3655
say?
A:
She asked if I had heard from him.
Q:
You said?
A:
I said no, I haven't.
Q:
All right.
A:
Just that he was - you know I don't recall-
Q:
[Interposing] Well, let's go back.
And then what was said?
When you- when
you said you were concerned about him.
A:
Mm hmm.
10
Q:
And I think you have testified you were concerned
11
155
about him because of things she said to you.
12
A:
Mm hmm.
13
Q:
All right.
14
Did she say anything else about him, on
Thursday, that had you concerned?
15
A:
You know I don't recall.
16
Q:
All right.
17
Nowj
how long did this conversation take
place?
18
A:
Probably - oh boy - 15, 20 minutes.
19
Q:
All right.
20
conversation.
You just don't remember what it was?
21
A:
Right.
22
Q:
Okay.
23
24
So, there was 15 or 20 minutes of
Now, after that conversation, when was the
next time you saw either her or talked to either her or Kurt?
A:
I saw Kurt.
Phone: 212-346-6666 *Fax: 888-412-3655
Q:
When did you see Kurt?
A:
Friday morning.
Q:
All right.
A:
Eight-thirty, nine o'clock.
Q:
All right.
156
And about what time?
And what was - how was he?
What did you
observe about him?

A:
That he was, you know looked like he was - I mean he
was Kurt.
he was just coming to work and he had, you know it looked like
He was normal.
You know normal attitude.
I mean
10
he was, you know fresh and showered, clean shaven, had a bag
11
in his hand, his backpack.
12
13
Q:
So, did you see anything about him on Friday that
gave you any concern?
14
A:
No.
15
Q:
Did he seem back to normal to you?
16
A:
Yeah, he was - yeah.
17
Q:
Did he seem to be any of the way that Patricia had
18
been describing him, on Wednesday and Thursday?
19
A:
No.
20
Q:
Remember you were saying that you were concerned
21
about him based on what she said.
22
A:
Mm hmm.
23
Q:
But once you saw him, did you any longer have any
24
concerns?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
No.
Q:
All right.
3
4
157
And - and then, did you all - you and he
have a conversation that - that day or anything?

A:
Yeah, we - I just asked him how New York was and he
said good.
He said - and I said, well, you know I said I
heard you were on the
Show and-
Q:
Did you all talk about that?
A:
A little bit, yeah. - -
Q:
How would you describe - how would you describe his
10
11
mood that Friday?

A:
He was happy.
We later - I mentioned to him, as he
12
was getting in the coach, I mentioned to him about New
13
Hampshire.
14
Q:
What did you say?
15
A:
I said, look, I just want to apologize for what
16
happened in New Hampshire about getting to your car.
And-
17
Q:
[Interposing] And what did he say?
18
A:
And he said well, he looked at me and he said well,
19
at the time he said - actually, I said do you want to talk
20
about what happened in New Hampshire.
21
really want to apologize and he said - he looked at me and he
22
just said- and he started to speak and he said well, we'll
23
just talk about it later.
24
I shut the door behind him.
And I said you know I
And then he walked in the coach and

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158
Q:
Okay.
And then, did you talk to him anymore that
A:
Oh yeah.
Q:
How often?
A:
Urn,
Q:
And how would you describe - this was all on Friday?
A:
Yes.
Q:
Did you all ever revisit New Hampshire, by the way?
A:
No.
10
Q:
Has it ever been talked about again, since before
11
day?
Mm hmm.
I would say three occasions.
today?
12
A:
No.
13
Q:
Okay.
Well, you all can talk - -
All right.
But
14
at the end of those conversations you had on that Friday, how
15
would you describe-
16
A:
[Interposing] I back that up.
WE did talk about it.
17
I'm sorry.
18
talked about - briefly about it and he - he said to me that
19
yeah, it's just not going to work there.
20
helicopter out.
21
22
23
24
Q:
Towards the - the end of the season, we just
Okay.
All right.
From now on, we'll
Now how would you describe his
mood that Friday?

A:
Urn, you know taking him to the golf cart - or from
the golf cart - from the coach to the - the garage, you know
Phone: 212-346-6666 * Fax: 888-412-3655
159
we just discussed about you know where we were going to - what
time he wanted to come back.
If he was going to come back.
Q:
Yeah, what was his outward mood?
A:
Oh, he was fine.
Q:
All right.
A:
Yes.
Q:
Did he appear depressed?
A:
No.
Q:
Did he appear frail and weak and - and pale, sort of
10
wan looking?
11
A:
Urn, no.
12
Q:
All right.
13
Did he appear normal?
Now, did you have any concern about his
mental condition or anything when you saw him last on Friday?
14
A:
Urn, no, not really.
15
Q:
Why are you hesitating?
16
A:
[Interposing] Well, because I did look up into the -
17
What are you-
at one time, he was up in the lounge of the transporter,--
18
Q:
[Interposing] Right.
19
A:
And he had his head down-
20
Q:
[Interposing] What is the transporter?
21
A:
The transporter is the vehicle that transports the
22
race cars.
23
Q:
Okay.
24
A:
And it is also a - a lounge for the crew and driver
All right.

Phone: 212-346-6666 *Fax: 888-412-3655
and also a place where the crew can work on-
2
3
Q:
[Interposing] All right.
And so you say one time
you saw what?
Urn I had come in the side door of the transporter
A:
and I looked up into the - into the lounge and Kurt was kind
of sitting on the bench with his kind of with his head down.
Q:
All right.
A:
He just looked kind of sad.
Q:
All right.
A:
Urn, just at the end of the day.
10
Anything unusual about that?
And did you talk to him anymore that
day?
11
')
160
You know, of course
12
qualifying didn't go very well, and he -he got on the golf
13
cart.
14
guess I'll see you tomorrow.
15
16
17
18
I drove him back to the coach.
Q:
And I said well, I
Which is typical of what we do.
So, what time did you drop him off at the coach - at
the coach, on Friday night?

A:
Probably about 5:30 six o'clock - well, probably six
o'clock.
19
Q:
Now, had he been drinking anything at that time?
20
A:
No.
21
Q:
Okay.
And to your knowledge, I think you said you
22
had never seen him drink except that one occasion.
23
Christmas party this year, is that right?
24
A:
And last night.
'-~__./'

Phone: 212-346-6666 *Fax: 888-412-3655
So, that
Q:
Pardon me?
A:
And last night.
Q:
And last night?
A:
Mm hmm.
Q:
Okay.
A:
Yes.
Q:
All right.
A:
Uh, yes.
Q:
Okay.
161
Is that at dinner?
And was that a glass of wine?
Now, other than that - so that Friday night,
10
when you dropped him off, did you talk to him anymore that
11
night?
12
A:
No.
13
Q:
Now, when is the next thing that you - next time
14
that you heard anything about him,
15
dropped him off?
from any source, after you
16
A:
I got a text message from Patricia.
17
Q:
All right.
18
Okay.
And what time would you estimate the
text message was?
19
A:
Urn eight, nine o'clock.
20
Q:
And do you recall what she said?
21
A:
That she - she attached a text message that she had
22
said that Kurt was - Kurt was upset and I'm -
23
the exact words.
24
exchanged between them.
I don't remember
And she had copied a text message that was
-/

Phone: 212-346-6666 * Fax: 888-412-3655
162
Q:
And do you recall what the text messages were about?
A:
Basically it said that - and I'm trying to recall
Q:
All right.
this.
I'm going to show you Petitioner's 1,
and ask you to look at the first page here, and see if that -
if you recognize that as the text message you got.
least the bottom portion.
Or at
A:
Yes.
Q:
Pardon me?
10
A:
That would be the - that would be the text that she
11
copied me on.
12
Q:
Now, this is where is says he's lying on the floor-
13
and she - do you recall how many different messages she sent
14
you as part of this?
As a screenshot or forwarding it?
15
A:
She only sent me the one screenshot.
16
Q:
All right.
Now, had you had any concern - when you
17
dropped him off that night, did you have any concern about
18
him?
19
A:
No.
20
Q:
Until she sends you this, did you have any concern
21
about him?
22
A:
No.
23
Q:
And after you got this, were you concerned or
24
worried about him?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
Q:
All right.
A:
The only thing I did was drive by.
And what did you do, anything?

I drove into the
coach lot and drove-
Q:
[Interposing] Did you talk to her over the phone?
A:
Yes.
Q:
All right.
163
So, did you talk to her on the phone
before or after this - receiving this text?
A:
After the message.
10
Q:
Who called whom?
11
A:
I called her.
12
Q:
And what did you call her about?
13
her to say?
14
A:
15
Urn,
What did you call
just basically addressing the - the message that
she sent.
16
Q:
17
to you?
18
A:
Well, what did you say to her and what did she say
Urn, I said - I said that he must be hurting.
I mean
19
or you know something is wrong, he's not- you know of course
20
I'm guessing, I'm not an expert, but-
21
22
23
24
Q:
[Interposing] Well, I don't want you to do that.
want you to talk about what you thought or said at the time.
A:
Well, I mean I - I was concerned and that I offered
to, you know to drive by just to make sure that the coach was
Phone: 212-346-6666 *Fax: 888-412-3655
/ 'i
okay.
Q:
Did she ask you to go in and see him?
A:
No.
Q:
All right.
164
And what did she say when you offered to
drive by?
A:
She did say well, I would appreciate that.
Q:
All right.
A:
Uh, yes.
Q:
Did you ask her to drive over to see him?
10
A:
Urn, no I didn't ask her.
11
Q:
Did you know she was going to do that?
12
A:
Yes, I did.
13
Q:
What did she say?
14
A:
Urn, she asked me if she thought that it would be a
15
18
Yes.
good idea for me to go over there.
16
17
And did you do that?
Q:
See if you can repeat the conversation as best you
A:
The conversation that I remember is that I - I mean
can.
19
I said well, he sounds like he's troubled.
20
said- and this is after I said that I'd drive - drive over
21
there.
22
ordinary.
23
that it looked like everything was fine.
24
Q:
I drove over there.

Drove back.
And he- and she
I didn't see anything out of the
Called - called her back and told her

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
3
4
did I think that she should drive over there to see him.
Q:
She asked if you thought she should drive over
there?
A:
Yes.
Q:
What did you say?
A:
And I said- I said well, it's up to you.
I said
you know it's whatever you think is you know important.
had mentioned to me that she had talked to someone else and he
She
suggested that you know she drive over there.
11
Q:
Who did she say she talked to?
12
A:
Urn, I don't know his first name, but his last name
13
was Ballard.
14
Q:
Her public - her public relations guy?
15
A:
I believe so.
16
Q:
She told you that her public relations guy told her
17
Everyone called him by his last name.
she should drive over there?
18
A:
Yes.
19
Q:
All right.
20
A:
Or he suggested it also.
21
Q:
Did you ever - did you ever, yourself tell her she
22
23
24
'
She said that- that he's in trouble and she asked
10
')
A:
165
should drive over there?

A:
I said - the words I said is I think you should
drive over there, but it's up to you.
Whatever you think you
~/

Phone: 212-346-6666 * Fax: 888-412-3655
2
3
166
need to do.
Q:
You say you did think so or you didn't think so?
I'm- I'm not sure I understood what you're saying.
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
I understood what the witness said.

Pardon me?
I understood what the witness said.
Okay, fine.
Q:
What did she say when you talked to her?
A:
She said well, she said I'm going to - I'm going to
10
drive over there and check on him.
11
Q:
12
after that?
13
A:
I don't recall.
14
Q:
Well, if you think back, you don't remember whether
And did you have any more conversations with her

That night?
15
she talked to you - did she talk to you any more after she
16
went over there, on her way over there, or after she got
17
there, at any time?
18
A:
19
that night.
20
21
Q:
No, I don't recall her calling -
talking to me later
Did you try to call Kurt that night, when she was
expressing her concern?
22
A:
No.
23
Q:
Were you concerned enough to go over and knock on
24
the door?
Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF M. DOMCHEFF BY.R. HARDIN
Urn, generally, once the - we leave the drivers,
don't - we -myself, I don't - I wouldn't go over there and
knock on the door and it's the same with a lot of coach
drivers.
don't mess with the drivers.
We kind of - once we are doing at the track, we
Q:
one of them?
A:
Saturday morning.
Q:
Well, where do you live, in relation to the - to the
11
A:
As far as-
12
Q:
[Interposing] Well, where were you staying?
13
A:
-where I was staying?
14
Q:
How far away is that?
15
A:
Two miles.
16
Q:
Okay.
10
A:
167
Okay.
Now, when did you first hear next from either
bus?
At the Hampton Inn.
And now, where the bus is, is there any type
17
of - on those grounds, is there any type of armed security
18
guard?
19
A:
Yes.
20
Q:
And where is that armed security guard?
21
A:
The entrance to the motor home lot.
22
Q:
How far away is that from where Kurt's bus was?
23
A:
I would say 150 - 200 feet.
. 24
Q:
That's all?

Phone: 212-346-6666 *Fax: 888-412-3655
168
A:
Yes.
Q:
Is that manned 24 hours?
A:
Yes.
Q:
Was there someone manning it that night?
A:
There - there is someone manning there - that post,
(
I
24 hours.
Q:
Every day?
A:
Yes.
Q:
All right.
10
A:
During racing yeah, or the race.
11
Q:
Well, this was the race season.
13
A:
Right.
14
Q:
All right.
12
15
race.
And then when you saw Kurt that Saturday
morning, you testified earlier, about ten o'clock?
16
A:
Yes.
17
Q:
Correct?
18
.He was there for a
Did you see any - did he say anything to
you about anything that happened the night before?
19
A:
No.
20
Q:
Did you get any phone call or text from Patricia
21
about anything that had happened the night before?
22
A:
Yes.
23
Q:
When?
24
A:
Urn, that morning.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
About what time?
A:
I believe it was shortly after ten, eleven.
Q:
Is this before or after you had already seen Kurt
169
coming out of the motorhome?
A:
After.
Q:
After?
A:
Mm hmm.
Q:
And what did this text message say?
A:
It was a phone call.
10
Q:
All right.
11
A:
Urn, she said that she had went to the motorhome and
What did she say?
12
to check on Kurt and she had said that something very bad had
13
happened.
14
Q:
Did she tell you what?
15
A:
Urn, yes, she did, later on.
16
Q:
Did you believe her?
17
A:
Urn, yes.
18
Q:
Why did you believe it?
19
A:
Urn, I believe everyone that tells me something until
20
21
22
23
24
it is proven otherwise.
Q:
Okay.
I mean had you ever - and she - when she told
you what happened, what did she say happened?
A:
Urn, she had said that urn her and Kurt were talking.
Kurt was in bed.
She was standing up at the foot of the bed.

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170
And that urn they were carrying on a conversation and then just
out of the blue Kurt jumped up, grabbed her by the neck and
smashed her head into the wall three times.
4
5
6
7
Q:
And when she said, did she say why he supposedly did
A:
She - she didn't - she said that he had no reason.
this?
She said that she just jumped - he just jumped up and did it.
Q:
For no reason at all?
A:
For no reason.
10
Q:
Did she tell you that her son was with her?
11
A:
Yes.
12
Q:
Where did she say he was?
13
A:
In the living area, the salon.
14
Q:
If he is in the living area, is that away from the
15
bedroom?
16
A:
Yes.
17
Q:
Is the living area where you have a TV he could be
18
watching?
19
A:
Yes.
20
Q:
Is the ability to close off that back area?
21
A:
Yes, there is.
22
Q:
Where the bedroom is?
23
A:
Mm hmm.
24
Q:
Now, I'm curious.
Had you ever seen Kurt be

Phone: 212-346-6666 *Fax: 888-412-3655
171
physical with her at all, in the time you knew him?
A:
Never.
Q:
I'm curious as to why - can you help me out - as to
why you believed something she told you like that when you had
never seen any indication of it before?
A:
Later in the conversation she was crying.
Q:
And so she acted in such a way that you believed
10
A:
Yes.
11
Q:
And you were willing to do that without ever talking
12
her?
to Kurt?
13
A:
Urn, yes.
14
Q:
All right.
15
16
And were you willing to believe that
about a person you had never seen do that to a woman before?

A:
Urn,
I would probably say yes, because - and I
17
believe- you know my problem is I believe everybody.
18
it is proven that, you know it didn't happen.
Until
19
Q:
That's kind of a problem isn't it?
20
A:
Mm hmm.
21
Q:
How do you prove something didn't happen if only you
22
'~)
Urn probably - in her demeanor, I mean she was upset.
and the person accusing you are there?
23
A:
That's true.
24
Q:
Right.
So, if you started out believing whatever

Phone: 212-346-6666 *Fax: 888-412-3655
(~')
she says, and only she and he are there,--
A:
[Interposing]
Q:
How does the other person prove to you--
4
5
Mm
MS. MCNEICE:
going to object.
6
7
MR. HARDIN:
[Interposing] Your Honor, I'm
[Interposing] That's fair enough.
I'll take it back.

THE COURT:
MS. MCNEICE:
11
hmm.
It appears that he's asking his client-
10
172
Q:
All right.
Thank you.
Now, did you ever talk with Kurt - I mean to Kurt
about his side of this?
12
A:
No.
13
Q:
And after you talked to her, and she told you that
14
morning, about what time when she talked to you, would you say
15
and agree that she was very persuasive when she talked to you?
16
A:
Yes.
17
Q:
Had you, over the year - over the period of that
18
year had other occasions when you discovered that she was not
19
telling you the truth?
20
A:
Urn, yes, I mean yeah, I would say so.
21
Q:
Had you had occasions where you doubted what she was
22
telling you on other occasions she didn't know about?
23
A:
Yes.
24
Q:
Let's go back to the Saturday or so before the New

Phone: 212-346-6666 *Fax: 888-412-3655
Hampshire race.
observation about how she was - - that Saturday, which would
. be six days before this incident we have been talking about?
In New Hampshire, did you have any particular
Are you with me?
A:
Yes.
Q:
Did you have occasion to ask her any questions about
what was wrong with her?
A:
Yes.
Q:
What were the circumstances?
10
A:
Well, I got up in - I usually knock on the door to
What happened?
11
enter into the coach to clean up.
12
coach, she got up very gingerly from the couch..
13
her what's wrong and she-
When I got up into the
14
Q:
[Interposing] What did she say?
15
A:
At first she said I'm okay.
16
173
And I asked
And then I asked her
again, are you sure?
17
Q:
Why, how was she walking?
18
A:
Very stiff.
19
Q:
Did you bother to look at her closely?
20
A:
No.
21
Q:
Okay.
22
A:
She said that urn she urn when she was down on the
23
border, that she had a big guy pick her up by the neck and
24
slam her to the ground.
'~

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Well, what did she say - when you say the border,
what border was she talking about?
A:
The Mexican border.
Q:
And when did she say she had been down there?
A:
The previous week.
Q:
And what did she say she was doing down there?
A:
Rounding up illegal immigrants.
Q:
Doing what?
A:
Rounding up illegal immigrants.
10
Q:
In what capacity was she supposedly doing that?
11
. A:
12
Q:
13
I don't know .
Well, who was this person supposedly grabbed her and
threw her to the ground?
14
A:
She said it was an illegal immigrant.
15
Q:
Did she say what she was doing when she was
16
174
gathering them up?
I mean who she was with or anything?
17
A:
No.
18
Q:
Did she talk about being part of an organization?
19
A:
Urn, no.
20
Q:
Did she talk about the size of this supposed illegal
21
immigrant that threw her down?
22
A:
She said it was a big guy.
23
Q:
And did she say why he threw her down?
24
A:
No.

Phone: 212-346-6666 *Fax: 888-412-3655
175
Q:
What did you say when she told you this?
A:
I said- and I asked her, I said are you sure you're
okay.
And she said yeah, I just took an ibuprofen.
Q:
Oh, she had been taking ibuprofen?
A:
Mm
Q:
Did she say what - what her injuries were?
A:
Urn, she said that she had a sore neck.
Q:
Really?
A:
No.
10
Q:
And what did you not believe?
11
A:
I just thought it was kind of a farfetched story.
hmm.
Did you believe her?
12
mean again, NASCAR is full of rumors and you know stories.
13
So, you tend to let those things pass through and just not
14
think about it.
15
16
Q:
You thought it was farfetched that she was down
rounding up illegal immigrants, down on the border?
17
A:
Yes.
18
Q:
Had she told you, in the past, any other stories
19
20
that you found farfetched?

A:
Urn, she - and I believe it was mid-summer, when she
21
was having an issue with NASCAR and she had made the statement
22
to me that urn you know NASCAR is nothing new-
23
24
Q:
[Interposing] Do this, as best you can, as to what
you remember.

Phone: 212-346-6666 *Fax: 888-412-3655
A:
She said that NASCAR is nothing.
176
She said I take
down foreign government and that I own Washington.
Q:
That I what?
A:
I own Washington.
Q:
And what was her demeanor as she said this?
A:
Angry.
Q:
And was anybody else around when she told you this?
A:
No.
Q:
Well, what was she mad at NASCAR about?
10
A:
She had some issues with NASCAR as far as
11
sponsorships go.
12
Q:
What do you mean?
13
A:
I don't recall the exact specifics to it, but it has
14
something to do with trying to get sponsors involved with
15
NASCAR.
16
Q:
17
Now, these things that she had told you before, did
you believe her, that she owned Washington?
18
A:
No.
19
Q:
Did you believe that she had taken down governments?
20
A:
No.
21
Q:
And have you had any more incidents where these kind
22
23
24
of fanciful things were said that youMS. MCNEICE:
[Interposing]
Objection as to his
characterization.

22 Cortlandt Street - Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
MR. HARDIN:
they are not fanciful.
maybe she does take down governments.
fanciful.
THE COURT:
Q:
I won't call them
The objection is sustained.
When - when you had those incidents, were there any
other incidents like that?
in one ear and out the other and didn't believe?
10
A:
Maybe
Maybe she does own Washington and
Well, I'll take it back.
177
That gave you - you sort of let go
You know what, we have had so many conversations,
but I do remember conversations about her training.
11
Q:
What about her training?
12
A:
That she, you know that she was a trained assassin.
13
Q:
She told you she was a trained assassin?
14
A:
Yes.
15
Q:
How often did she tell you that?
16
A:
Just the one time.
17
Q:
18
A:
And also that she was a kickboxer and-
19
Q:
[Interposing] That she's what?
20
A:
She was a kickboxer.
21
Q:
Had you ever seen any example of that?
22
A:
No.
23
Q:
Who did she tell you she was a trained assassin for?
24
A:
The U.S. Government.
And that-
the circumstances?

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Any particular division of the U.S. Government?
A:
Urn, I remember her saying something about the DEA.
Q:
Did she talk about fighting drug lords and all?
A:
Yes.
Q:
What did she say?
A:
Urn, that -
)
/
178
that
and that would urn -
that she was
just involved with fighting the drug - drug - illegal drug
traffic trade.
Q:
Did she say how she did that, or what she did?
10
A:
I don't recall the - the specifics.
11
Q:
Okay.
Now, I have to ask, then if you had those
12
things in your background, when she told you what Kurt
13
supposedly did to her that night, to what would you attribute
14
still at that moment believing her?
15
MS. MCNEICE:
Objection, he indicated that -
16
excuse me, that he had heard her say that Kurt attacked
17
her and that he believed her.
18
THE COURT:
19
MS. MCNEICE:
20
I got that.
I got that.
And that - so, I am suggesting
that this question is asked and answered.
21
THE COURT:
Not this specific question wasn't
22
asked and answered.
23
A:
Just in her demeanor.
24
Q:
Just the way she relayed it to you,--
So, I will allow it.

Phone: 212-346-6666 *Fax: 888-412-3655
A:
[Interposing] Yes.
Q:
-is that correct?
A:
Yes.
Q:
And this was all even over the phone?
A:
Yes.
Q:
Okay.
7
8
MR. HARDIN:
THE COURT:
Q:
Oh, the trip where she was rounding up illegal
aliens, did she indicate to you whether Kurt was supposedly on
12
this trip with her?
13
A:
Yes.
14
Q:
That he - that he was?
15
A:
Mm hmm.
16
Q:
And did she say anything to you about it being - her
18
19
20
being part of a private group that did that?

A:
She never indicated that she was with a private
group.
Q:
Okay.
21
22
__ _/)
Sure.
11
17
,,
May I have just a moment, Your
Honor?
9
10
179
MR. HARDIN:
I think that's all I have, Your
Honor.
23
THE COURT:
24
MS. MCNEICE:
All right.
I'm sorry,
Mr. Hardin--

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
180
Mr. Hardin, did you want to
retrieve your materials?
MR. HARDIN:
THE COURT:
MR. HARDIN:
Oh, I'm sorry.

It's okay.
I'm here.
I've got it.
Pardon
me.
FEMALE VOICE:
I've had a complaint that she
can't hear you when you move it all the way over here.
MS. MCNEICE:
10
CROSS EXAMINATION
11
BY MS. CAROLYN M. MCNEICE
Okay, thank you.
All right.
12
Q:
I'm just getting to that part of my discussion here.
13
A:
Okay.
14
Q:
And your name again is Mr. Domcheff, correct?
15
A:
Yes.
16
Q:
I'm sorry.
18
A:
Fifty-seven.
19
Q:
Fifty-seven.
20
A:
Gastonia, North Carolina.
21
Q:
North Carolina.
17
I missed your age, sir.
How old are
you?
And you live in-
Sir, where do you go during the
22
week when you are not seeing Mr. Busch?
23
reason?
24
A:
Let's say during race
When I'm not - and you have to clarify, I'm not

Phone: 212-346-6666 *Fax: 888-412-3655
CROSS EXAMINATION OF M. DOMCHEFF BY C. MCNEICE
sureQ:
[Interposing] Okay.
You're not driving the golf cart.
motorhome.
A:
Mm hmm.
Q:
Where do you personally go?
A:
Generally, we relax and don't do anything.
We - we
will go to restaurants, casinos.

THE COURT:
Is the question, Ms. McNeice what
10
the witness does when he's not transporting Mr. Busch's
11
coach to an event?
12
MS. MCNEICE:
13
THE COURT:
14
15
Q:
Let me clarify that.

Okay, thank you.
For example, you saw Mr. Busch on Sunday of the New
Hampshire race, correct?
16
A:
Yes.
17
Q:
Then, okay, you said you were in a golf cart.
He
18
became angry because you weren't driving on a path that he
19
thought was appropriate.
And he got off and walked, correct?
20
A:
I don't think he- yeah, I guess that's correct.
21
Q:
Okay.
22
23
I
You're not cleaning the
'~
Let's say it's not a weekend.
181
24
So, he got off and walked.
You then - what
did you do after that?

A:
I turned around to try and head back to the
motorhome lot.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
You tried to head back?
A:
Yeah.
Q:
Did you head back?
A:
It took a good 30 minutes to head back.
Q:
To the motorhome lot?
A:
Yes.
Q:
Okay.
A:
Urn, as far as right after I started driving the golf
10
Q:
Mm hmm.
11
A:
Well, there was a lot of people around.
12
Q:
Mm hmm.
13
A:
Two of the other drivers, NASCAR drivers were
182
Then what did you do?
cart?
14
actually using the same route.
15
I was kind of stuck without having a place to move.
16
just sat there until the pedestrian traffic died down where I
17
could get the golf cart through.
18
of the other NASCAR drivers, who was a passenger in the
19
vehicle beside me, that was going in the opposite direction.
20
21
Q:
I see.
motorhome from,
22
A:
Yes.
23
Q:
Okay.
24
And they got blocked in.
So,
So, I
And I was parked beside one
And is it your job then to move the

for example, New Hampshire to Dover?
And how long did that take you?
How long did
that trip take you?

Phone: 212-346-6666 *Fax: 888-412-3655
Urn, it was probably about a - with traffic and
everything, about an eight hour drive.
Q:
Okay.
A:
Urn, later that evening.
Q:
And you drove the whole eight hours that evening?
A:
Urn, yes.
Q:
Okay.
A:
I'd say three or four in the morning.
Q:
Okay.
10
A:
[Interposing] Monday.
11
Q:
So, you were driving Sunday night into Monday
12
A:
When did you leave New Hampshire?
What time did you arrive in Dover?
And this would have been-
morning?
13
A:
Mm hmm.
14
Q:
Did you the park the motorhome-
15
A:
[Interposing] No.
16
Q:
at - what did you do?
17
A:
We parked the motorhome out in the staging area.
18
went t o - we don't use Kurt's motorhome to sleep in.
19
my wife's motorhome.
20
Q:
You said we?
21
A:
My wife and I.
22
Q:
Did she follow you in another motorhome?
23
A:
Yes.
24
183
Mm hmm.
We
We use
And we - we parked and went to sleep
in the- my wife's boss's motorhome.

Phone: 212-346-6666 *Fax: 888-412-3655
; -1
Q:
Okay.
A:
No.
Q:
I see.
area?
No, it's outside the track.
And this golf cart that you drive, is that
supplied by the individual tracks?

A:
No.
Q:
Is that a golf cart that is part of Mr. Busch's
motorhome?
A:
Urn, i t ' s - I don't quite understand that.
10
11
THE COURT:
How does the golf cart get to and
from races?
12
MR. DOMCHEFF:
The golf cart goes in the back
13
of a pickup truck that I tow.
14
Q:
15
So, you are driving a motorhome, that has a pickup
truck towing - attached.
16
A:
Mm hmm.
17
Q:
And the golf cart is on the pickup truck.
18
A:
Right.
19
Q:
Okay.
So, okay.
You indicated that one of your
20
jobs is to get the motorhome to and from the track.
21
purchase food?
22
A:
Mm hmm.
23
Q:
Is that correct?
24
~
Is that also in the general lot of the NASCAR
184
You also
And sir, have you ever seen
Budweiser beer being delivered to the motorhome?
___ /

Phone: 212-346-6666 *Fax: 888-412-3655
185
A:
Yes.
Q:
Okay.
A:
I usually give it to other people.
Q:
Who told you to do that?
A:
Patricia.
Q:
And did she tell you why?
A:
She indicated that Kurt had a drinking problem and
that she didn't want any alcohol around the motorhome.
10
Q:
And did Mr. Busch seem to be satisfied with that
approach?
11
A:
Yes.
12
Q:
Okay.
13
And what do you do with that?
So, he wanted you to give beer to the other
people and not keep it at the motorhome?
14
A:
Yeah, we typically use it as trade for favors.
15
Q:
Who is we, sir?
16
A:
Motorhome drivers.
17
Q:
You're trading beer between yourselves or some
18
other-
19
A:
[Interposing] No, no.
For - an example would be if
20
you wanted an extra car pass, for vehicles, into the motorhome
21
lot, you would you know offer a case of beer for the extra car
22
pass.
23
Q:
Who do you offer this to?
24
A:
Urn, generally whoever is in charge of the coach lot

Phone: 212-346-6666 *Fax: 888-412-3655
186
and it can be anywhere from a security guard to a - to a track
official.
3
4
THE COURT:
So, beer to NASCAR is like prison
cigarettes used to be, is that-
(Laughter)
MR. DOMCHEFF:
THE COURT:
Q:
Well, kind of.
Okay.
So, is the beer that is delivered to the motorhome,
and I believe it is Budweiser?
10
A:
Yes.
11
Q:
Because they are a sponsor, correct?
12
A:
Yes.
13
Q:
Is that beer yours?
14
A:
No.
15
Q:
Okay.
16
But you took it and traded it for another car
pass for someone else, correct?
17
A:
In - in one or two instances, yes.
18
Q:
You said also one of your tasks was to care for
19
Houston two to four - two to three hours at a time, during the
20
race season, correct?
21
A:
Yes.
22
Q:
And when you were interviewed, you were told about
23
24
this, correct?
A:
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
All right.
So, you weren't - you're not surprised
when they asked you to care for him?
A:
No.
Q:
You enjoyed it?
A:
Mm hmm.
Q:
Oh, okay.
I enjoy it.
And did Houston have a room in the
motorhome?
A:
I wouldn't say per se a room.
Q:
He had a bunk?
10
A:
Yes.
11
Q:
Okay.
12
I'd say a bunk.
Okay, you described your relationship with
Mr. Busch as cordial?
13
A:
Yes.
14
Q:
Okay.
15
187
After he chewed you out in New Hampshire, did
you think he was still cordial?
16
THE COURT:
You can disagree with the
17
characterization if you need to.
18
A:
Yeah, I do disagree, yes.
19
Q:
You disagree-
20
A:
[Interposing] Yes.
21
Q:
-that he was still cordial to you despite
22
characterizing his - his discussions with you that afternoon
23
as abusive?
24
A:
Yes.
Because I believe that it was in the moment

Phone: 212-346-6666 *Fax: 888-412-3655
and that it would - if it would have been anybody else, he
would have done the same thing.
Q:
He would have done the same thing?
A:
Yeah, I mean-
Q:
[Interposing] Okay.
Would you describe his approach
to you as verbally abusive?
A:
Yes.
Q:
Okay.
sir.
Sounds like you have sort of a thick skin,
You hear a lot.
People yell at you.
10
A:
You have to-
11
Q:
[Interposing] Mr. Busch yells at you.
12
A:
You have to do that at NASCAR.
13
Q:
Okay.
14
188
Have you heard Mr. Busch ever yell at any of
his teammates?
15
A:
Yes.
16
Q:
Okay.
17
A:
The one I specifically remember would have been in
18
19
20
When was that?
Michigan, the first race and I don't know the date.

Q:
Okay.
Would that have been the first race during
the 2014 season?
21
A:
Yes.
22
Q:
Okay.
23
A:
I believe it was Michigan.
24
Q:
Okay.
And have you ever heard him yell at his crew

Phone: 212-346-6666 *Fax: 888-412-3655
chief?
A:
Yes.
Q:
And when was that?
A:
I'll need a moment to-
THE COURT:
MR. DOMCHEFF:
THE COURT:
[Interposing] It's okay.

I'll need a moment to recollect.
Take as much time as you need, sir.
Q:
You seem to be struggling with this-
A:
[Interposing] yeah.
10
Q:
Can you name the crew chief?
11
A:
Daniel Kenost [phonetic].
12
Q:
Okay.
13
189
Daniel Kenost.
And it appears that you did hear him yell
sometime?
14
A:
Yeah, at-
15
Q:
[Interposing] Do you recall the words you heard Mr.
16
17
18
Busch say to this person?

A:
I believe the words were - at one time were this car
is a fucking joke.
19
Q:
Okay.
20
A:
That would be the only statement I remember.
21
Q:
That's the only statement you remember?
22
A:
Right.
23
Q:
Okay.
24
Is that all you heard him say to Mr. Kenost?
Have you - but you believe you have heard him
yell at this person before?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
Q:
In addition to this car is a fucking joke?
A:
Yes.
Q:
Okay.
You said you - you characterized Ms.
Driscoll's relationship with Mr. Busch as very loving.
A:
Mm hmm.
Q:
But she was in charge?
If you asked her to do
something you said check with Patricia.
A:
Yes.
10
Q:
Okay.
11
A:
No.
12
Q:
Okay.
13
A:
At the time, no.
14
Q:
Okay.
15
190
Do you have a problem with that?
Do you think Kurt had a problem with that?
THE COURT:
Sir, in your experience with the
16
NASCAR drivers, when they come to a race is it one of
17
those deals where they are just very focused on their job
18
and they let others make other decisions for them or is
19
that not your experience?
20
MR. DOMCHEFF:
21
THE COURT:
22
MR. DOMCHEFF:
23
24
It depends.
Okay.
So,--
I think there is a - it varies
from driver to driver.

THE COURT:
Okay.
All right,
fair enough.

Phone: 212-346-6666 *Fax: 888-412-3655
Ms.
191
McNeice?
'i
2
3
MS. MCNEICE:
Q:
Thank you.
Mr. Busch indicated that he did not drink on race
weekends and that seems to be about the same thing that you
said, you had never seen him drinking except at a Christmas
party on Tuesday and then again last night.
A:
I'm sorry; what was the first part?
Q:
You said that you had not seen -
back up.
I'm sorry, let me
Mr. Busch testified that he did not drink on race
10
weekends.
11
have never seen him drink on a race weekend.
And that seems to be exactly what you said, you
12
A:
No.
13
Q:
Okay.
14
But you did see him drink at a Christmas
party about a week ago.
15
A:
Yes, last Tuesday.
16
Q:
Last-
17
A:
[Interposing] No, this past Tuesday - Tuesday
18
19
20
previous.
Q:
Okay.
So, that would have been the gth, something
like that?
21
A:
Mm hmm.
22
Q:
Okay, December gth:
23
24
And then you saw him again drink
something last night, correct?

A:
Half a glass of wine.

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Okay.
192
When you spoke to Mr. Busch about the abusive
language in New Hampshire, did he tell you that he had pulled
the rearview mirror off of the car that he was driving?
A:
No.
Q:
Did Mr. Busch ever threaten to fire you?
A:
No.
Q:
You said that Ms. Driscoll sounded concerned when
she called you, I believe it was on Friday, the 26th, and she
related that she thought he was drinking again.
10
A:
I don't recall her saying that he was drinking.
11
Q:
On the 26th she didn't tell you that?
Okay.
But she
12
had told you in the past that he had been drinking and that
13
was one reason why there would be no beer in the motor vehicle
14
- motorhome.
15
A:
The conversation, at the beginning of the year, was
16
that Kurt had a drinking problem and that there wasn't to be
17
any alcohol on the motorhome.
18
Q:
Okay.
19
A:
And I, you know, accommodated that.
20
Q:
Okay.
21
A:
No.
22
Q:
You said you saw Kurt about Friday at 8:30 a.m.
Did Kurt ever tell you that that was true?
23
had his backpack with him.
24
concerned.
He
He looked normal and you weren't

Phone: 212-346-6666 *Fax: 888-412-3655
MR. HARDIN:
just to speak up a little?
her.
THE COURT:
I'm having trouble hearing
All right.
Ms. McNeice, if you
will just sort of pull the microphone over towards you.
I know it may get in your way from time to time.
MS. MCNEICE:
To me?
THE COURT:
10
Q:
There you go.
about 8:30.
12
A:
I was not concerned?
13
Q:
He was not.
14
A:
No.
15
Q:
Excuse me.
17
A:
Yes.
18
Q:
Okay.
19
That will be fine.
You indicated that you saw Kurt on Friday morning,
11
16
I'm sorry, to - thank
you.
I'm sorry, could I ask counsel
He looked normal and he was not concerned.
I apologize.
That he looked normal to
you?
You didn't have any concerns at that time,
right?
20
A:
No.
21
Q:
And you said that he had his backpack with him?
22
A:
Yes.
23
Q:
Okay.
24
193
And then you talked later in the day,
correct?
-/

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Urn, when you say later in the day, I mean-
Q:
Well, you saw him at eight.
A:
Right.
Q:
Or thereabouts.
A:
He went and practiced.
He came back to the
motorhome, for a little bit.
to - where we were going to meet after qualifying.
We talked about - we were going
Q:
Okay.
A:
And I said, okay, that's fine.
10
Q:
Okay.
11
A:
And then later on in the day, I picked him up for
And-
12
after qualifying, at the spot that we designated.
13
qualifying didn't go well.
He was -
He was very quiet.
14
Q:
He was quiet?
15
A:
Yeah, I could tell that he was - he wasn't happy
16
about his qualifying position and I drove him back to the
17
motorhome and just said I'll see you tomorrow.
18
Q:
Okay.
19
A:
Yes.
20
Q:
And I think you indicated that was about 5:30 to
21
That was the last time you saw him?
6:00p.m., correct?
22
A:
Yeah, around there.
23
Q:
Okay.
24
194
And the next time you actually saw Mr. Busch
was the next morning, Saturday morning?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
Q:
Okay.
195
And you had - during that time had various
texts from Ms. Driscoll.
And she indicated she was concerned-
A:
Q:
In fact, she sent you this screenshot, I think it is
called.
A:
Right.
Q:
Of a text that she had-
A:
[Interposing] That was Friday evening.
10
Q:
That was Friday evening?
11
about him?
12
A:
Yes.
13
Q:
Right?
14
And you suggested that she come over to
offer some support, correct?
15
16
And she was concerned
A:
Yeah, but I mean I offered - I suggested that, but
it was up to her whether she wanted to or not
17
Q:
Okay.
18
A:
You know, she was looking for suggestions, at least
All right.
19
it appeared that she was looking for suggestions on what to
20
do.
21
Q:
Okay.
And prior to that weekend, is it fair to say
22
that Ms. Driscoll has been in the motorhome almost every
23
Friday night, during the entire year that you worked for - or
24
the entire nine months that you had worked with Mr. BuschUbiqus/Nation-Wide Reporting & Convention Coverage
Phone: 212-346-6666 *Fax: 888-412-3655
A:
[Interposing] That I recall.
196
I mean there are - I
i
\
think - and I am trying to remember, there were a couple of
weekends where she wouldn't show up until Saturday-
Q:
[Interposing] Okay.
A:
-because of - I don't know, I particularly remember
6
7
Q:
Otherwise she was there on a Friday night?
A:
Mm hmm.
Q:
With Houston?
10
A:
Urn it depended on whether she had custody that
11
')
one weekend she had to go get Houston.
weekend or not.
12
Q:
13
pattern is?
14
A:
I never really followed it.
15
Q:
Okay.
16
A:
Basically, the custody was - or when I knew Houston
17
Okay.
So, do you know if she - what her custody
was coming is when I got my- Kurt's itinerary-
18
Q:
19
A:
-from his assistant-
20
Q:
[Interposing] Okay.
21
A:
-that showed Houston coming or not.
22
Q:
Okay.
23
24
was
coming~
A:
So, Kurt would know ahead of time if Houston
as well as his assistant?
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Okay.
A:
Right.
Q:
All right.
197
And then they would notify you?
Now, let' talk - back up a little bit,
from the 26th, and talk about the weekend before.
recall driving to the airport to pick up Ms. Driscoll?
A:
Yes.
Q:
Which airport did you go to?
A:
Manchester.
Q:
Manchester, New Hampshire?
10
A:
Yes.
11
Q:
Okay.
12
A:
I believe it was Friday evening - no.
13
Do you
And which time did you go pick her up?

Yeah, it was
Friday evening.
14
Q:
Friday evening?
15
A:
I believe so.
16
Q:
Mm hmm.
17
A:
Urn, six, seven, in the evening.
18
Q:
Six to seven p.m:?
19
A:
Mm hmm.
20
Q:
Okay.
Give me a time, do you recall?
Did she tell you that she had been in a court
21
proceeding with her husband that day?
22
apologize.
23
A:
Yes.
24
Q:
She did?
Or her ex-husband,
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
A:
That day, yes.
Q:
She reported that to you?
A:
Q:
Okay.
Now, was this also the day that she indicated
to you that she - or excuse me.
you saw her walking gingerly?
A:
No, that the day after.
Q:
Okay.
198
Was this also the day that
So, the next morning, she was walking
gingerly?
10
A:
Yes.
11
Q:
Okay.
12
discussion?
13
A:
Yes.
14
Q:
Okay.
16
A:
No.
17
Q:
How about any bruises or marks on her chin?
And that's when you went through the
15
18
Did you see any bruises or any marks on her
face?
Excuse
me, her neck?
19
A:
No.
20
Q:
Well, you were sitting next to her car when you
21
22
23
24
I was at a distance also, so I mean - from her.
brought her back, right?

A:
Oh, yeah.
Yeah, no, I thought we were talking about
in the motorhome.
Q:
No, I was talking about when you were - picked her

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yeah, no,
Q:
Okay.
\I
I did not notice.
So, her neck looked fine to you at that
point.
A:
I didn't -- I really didn't look.
Q:
Okay.
A:
No.
Q:
Were you in the motorhome at - excuse me, do you
up at the airport.
Nothing caught your attention?
have the code to get into the motorhome?
10
A:
Yes.
11
Q:
Okay.
12
A:
No.
13
Q:
When was it changed?
14
A:
Probably- and again, I don't know dates.
15
Q:
Mm hmm.
16
A:
But I believe it was Charlotte - Charlotte week.
17
Q:
Okay.
18
A:
Urn, I believe it was the second week of May or of
19
199
Is that the same code now?
If you know, sir?
And when was Charlotte week?
October.
20
Q:
Okay.
21
A:
I don't- I don't- you'll have to excuse me because
22
23
24
my - I don't go by dates.
Q:
I go by races.
I understand.
THE COURT:
Do you remember the one before

Phone: 212-346-6666 * Fax: 888-412-3655
(-'
Charlotte?
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
12
I'm sorry?
What was the race before Charlotte?

Kansas, I believe.
Kansas?
Mm hrnrn.
Okay.
And before Kansas?
Before Kansas would have been
Dover.
10
11
200
THE COURT:
Q:
Thank you.
Did - at any time between the Charlotte race and the
Dover race, which you said would have been how many weeks?
13
A:
Three.
14
Q:
Three weeks?
Okay.
Did you, at any time, during
15
that three week period, did Mr. Busch ever direct you to pack
16
up items belonging to Ms. Driscoll or to Houston and set them
17
aside for eventual pickup, from somebody else?
18
A:
No.
19
Q:
Okay.
20
Did he ever remove any photos of Ms. Driscoll
or Houston, during that three week period?
21
A:
No.
22
Q:
Okay.
23
A:
I changed the code.
24
Q:
You changed the code?
Do you recall who changed the code?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
Q:
At Mr. Busch's direction?
A:
Urn, not at Mr. Busch's direction.
Q:
Well, who told you to do that?
A:
His assistant.
Q:
Okay.
A:
Christy.
Q:
When was the last time you were in the motorhome,
10
A:
Urn, last Thursday.
11
Q:
That would have been-
12
A:
)
,/
201
13
14
15
And her name is Christy?
sir?
[Interpos~ng]
This past Thursday.
Ninth - tenth, I believe
tenth,
eleventh.
Q:
Tenth or eleventh, okay.
Eleventh?
Okay.
And
where is the motorhome now, if you know?
16
A:
Uh, it is in San Antonio, Florida.
17
Q:
Okay.
18
A:
Marathon and coaches.
19
Q:
Okay.
20
What's down there?
Did you ever see Mr. Busch throw anything,
sir, after - at any time?
21
A:
I have never seen him throw anything.
22
Q:
Did you ever see him smash an iPad in the motorhome?
23
A:
No.
24
Q:
Did - are there any holes in the motorhome?

Phone: 212-346-6666 * Fax: 888-412-3655
In the
202
walls?
A:
Urn, there's dents and scrapes everywhere.
Q:
I'm sorry?
A:
There's-
Q:
[Interposing] Dents and scrapes?
A:
-dents and scrapes.
Q:
Okay.
A:
No.
Q:
Were they there when you started in this - working
10
on this motorhome, in the beginning of 2014?
11
12
And do you know how those got there?
A:
There were some there and there are some that
weren't.
13
Q:
Okay.
14
THE COURT:
I think, Ms. McNeice, we probably
15
need to be more specific about that.
16
about the exterior or interior of these walls?
17
MS. MCNEICE:
18
19
Q:
Are you talking
Let me rephrase my question.
On the inside of the motorhome, were there any holes
in the walls?
20
A:
Again, yes, there was, there are several.
21
Q:
Do you know how they got there?
22
A:
Urn, the ones that were previous there,
Q:
Okay.
23
24
I have no
idea.
How about the new ones?

Phone: 212-346-6666 * Fax: 888-412-3655
''
A:
The new ones, it was told to me that-
MR. HARDIN:
to what he was told.
knows.
THE COURT:
person who told you something about those holes?
Who told you something?
MR. DOMCHEFF:
Q:
Okay, so,-THE COURT:
[Interposing] Ms. Driscoll told you
that?
12
Q:
She said the new ones came from what?
13
A:
From Kurt throwing things.
14
Q:
Okay.
15
A:
I do not.
16
Q:
Okay.
And do you recall when that was?
But sometime during the school - the school
year, I'm sorry - during this race year?
18
A:
Yes.
19
Q:
Okay.
20
Who was the
Patricia Driscoll.
11
17
We ought to preface that, sir, with
10
I think she is asking what he
who told you what.
[Interposing] Excuse me, objecting
Did Mr. Busch ever tell you that he threw
anything?
21
A:
No.
22
Q:
Specifically what room were these new holes in?
23
A:
Urn, one was in the living room and one in the
24
203
bedroom.

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(~
Q:
Okay.
A:
One.
Q:
Okay.
4
5
MS. MCNEICE:
Thank
you.
THE COURT:
Redirect, Mr. Hardin?
MR. HARDIN:
Very - very briefly.
THE COURT:
10
How many bedrooms are there, sir?
204
All right.
RE DIRECT EXAMINATION
BY MR. RUSTY HARDIN
11
Q:
I couldn't hear a couple of answers, so I-
12
A:
[Interposing] Sure.
13
Q:
-I'm going to ask you.
After the 26th, did you see
14
Ms. Driscoll at any - I couldn't hear what the answer was - at
15
any NASCAR function?
16
A:
No.
17
Q:
Did you see her - when is the Homestead Race?
18
A:
Urn,--
19
THE COURT:
[Interposing] You can - you can
20
count back, if you want.
21
A:
Well, it's the last race of the year, so-
22
Q:
Okay.
23
A:
Two weekends before Thanksgiving.
24
Q:
All right.
All right.
Were you aware, one way or the other, as

Phone: 212-346-6666 *Fax: 888-412-3655
REDIRECT EXAMINATION OF M. DOMCHEFF BY R. HARDIN
1
2
"-.
__/I
205
to whether she was there?

A:
I have been informed by several people that she was.
MS. MCNEICE:
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
Objection hearsay.
Okay.
Sustained.
Pardon?
That one is sustained.
Okay.
Q:
Which people did you talk to, about that?
A:
Lee Spencer.
10
Q:
And who is Lee Spencer?
11
A:
She is a reporter for Motorsports.com.
12
Q:
Who else?
13
A:
Randy Fuller.
14
Q:
Randy Fuller?
15
A:
Mm hmm.
16
Q:
Who is he?
17
A:
He is a PR representative for Jack Rausch.
18
MS. MCNEICE:
19
MR. DOMCHEFF:
I'm sorry, by who?

Jack Rausch or Rauch Racing.
20
Q:
And who else?
21
A:
That would be it.
22
Q:
Okay, you said two or three.
So, there's two you
23
can think of?
24
26th and really into October, November, did you have many
All right.
And then since that time, after the

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
conversations, if any, with Ms. Driscoll?

A:
Just from the 26th, which would have been New
Hampshire.
Q:
No, the 21st would-
A:
[Interposing] Uh, Dover.
Q:
The 26th would be the incident in the motor coach
7.
206
that night.
A:
There were several other conversations.
Q:
When else did you talk to her?
10
A:
Urn,
11
Q:
Well, I'm not asking you the dates so much as what
12
I don't recall the dates.
were the occasions for you talking to her?
Who called whom?
13
A:
She would call me.
14
Q:
And what would she call you about?
15
A:
Ask me how Kurt was.
16
Q:
When she - can you give me months or approximate
17
times?
18
A:
They were within two weeks of the 26th.
19
Q:
Two weeks after that?
20
A:
After the 26th.
21
Q:
How many times did she call you, within those two
22
weeks?
23
A:
Probably five times.
24
Q:
Okay.
And how long would you talk to her each time?

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First time was probably a good 20 minutes.
Then the
times got shorter, as the phone calls came.

Q:
And did she continue to talk to you about her
version of what happened that night?
A:
Urn, yes.
Q:
How many times did she talk to you about her version
of what happened that night?
A:
I'd say twice.
Q:
Okay.
10
A:
207
Did you ever talk to Mr. Busch about his
version?
11
A:
Urn, no.
12
Q:
Did you ever bring the subject up with him, one way
13
or the other?
14
A:
Urn, I tried.
15
Q:
And what?
16
A:
I asked Mr. Busch, you know if -
if he needed to
17
talk to me about anything, that I was here and that if he'd
18
like to say something, I'm here for him.
19
Q:
And he didn't want to talk about it?
20
A:
No.
21
Q:
All right.
And now, at the time - so, when you come
22
in here today is the only version you ever heard between the
23
two of them what she told you?
24
A:
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
MR. HARDIN:
And then there was one other
question I had here, if I may have just a second.
3
4
208
THE COURT:
Q:
Sure.
We asked you to take some pictures at some time
inside, didn't we?
A:
Yes.
Q:
And what I want to do is - is ask you if you would
look at - I'm going to - no, these are not the ones I want.
Okay, thank you.
10
MS. MCNEICE:
I'm going to object to the extent
11
that any of these pictures or discussions about them is
12
past - is outside of the scope of direct and cross.
13
THE COURT:
This is this party's witness.
14
be honest, I will allow you to recross.
15
call the party again, or call the witness again.
16
I am not going to limit this examination.
17
overruled.
18
Q:
To
You can simply

And so,
It's
All I'm going to do is ask you to identify some.
19
am not going to seek to introduce them through you.
20
see if I can show you these three pictures, which for
21
identification purposes, I am going to call number two, three
22
and four.
23
tell us what they represent.
24
is that a fair and accurate picture of - of the inside of the
I want to
And I'm just going to ask you to look at them and

If you look at first number two,

Phone: 212-346-6666 *Fax: 888-412-3655
bedroom - or a portion of the bedroom?
A:
Yes.
Q:
How many bedrooms does this bus have, by the way?
A:
One.
Q:
All right.
A:
Yes.
Q:
Okay.
8
9
And did you take this picture?
Is that a fairTHE COURT:
[Interposing] So, when did you take
the photograph?
10
MR. DOMCHEFF:
11
THE COURT:
12
MR. DOMCHEFF:
13
THE COURT:
14
MR. DOMCHEFF:
15
The eleventh.
The eleventh of?

I time - I date stamped it.
The eleventh of?

Or the tenth, -- the tenth, I'm
sorry.
16
THE COURT:
17
MR. DOMCHEFF:
18
THE COURT:
19
209
Q:
The tenth of what month?

The tenth of December.
Okay, thank you.
And - and my question to you is do these photographs
20
fairly and accurately depict the way it looked back on
21
September the 26th?
22
A:
Yes.
23
Q:
Okay.
24
A:
Yes.
Phone: 212-346-6666 *Fax: 888-412-3655
Q:
And then the photo that is identified, just for
identification purposes, number three, did you take that
photo?
A:
Yes.
Q:
And what portion of the bus is that showing?
A:
It's showing from the galley to the bedroom.
Q:
All right.
10
11
12
13
And then what has been marked for
identification purposes as number four, what does that show?

A:
That's a picture of the distance between the wall
and the left side of the bed.

Q:
The left side of the bed.
Left side being as you
walk in?
14
A:
As you are looking at the bed.
15
Q:
All right.
And then in this particular - does it
16
fairly and accurately depict the way it looked back on
17
September 26th?
18
A:
Yes.
19
Q:
Okay.
20
21
From
where to where?
210
THE COURT:
And those are both also photographs
you took on December the lOth, is that correct-
22
MR. DOMCHEFF:
23
THE COURT:
24
MR. DOMCHEFF:
Yes.
Number three and number four?

Yes.

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THE COURT:
211
Okay, thank you, sir.
(
2
Q:
I want to do the same thing with photograph, for
identification purposes number five.
same.
Does it fairly and accurately depict the way it lookedMS. MCNEICE:
Q:
MS. MCNEICE:
THE COURT:
10
MS. MCNEICE:
11
MR. HARDIN:
12
THE COURT:
It is ID number five, - -
And was there ever a one?

Yes, a while ago.
I think one might have been a while
- - time ago.
You showed - -
marked for identification number one.

THE COURT:
17
MS. MCNEICE:
19
Q:
We'll work with it.

Okay.
In number five, does it fairly and accurately depict
the way it looked back on September 26th?
20
A:
Yes.
21
Q:
And did you take this photo also, on December the
22
23
!, __ ___;I
MR. HARDIN:
16
18
What is - this is photo number
back.
14
15
I'm sorry,--
five?
13
[Interposing]
Does it fairly - number five-
These questions are the
24
11th of this year?

A:
Yes.
MS. MCNEICE:
I'm sorry, we were talking.

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Can
you tell me again what that is a photo of?
that.
212
I missed
3
Q:
Would you identify again what it shows?
A:
It's a photo of the bed.
Q:
All right.
Now, you mentioned before, when you walk
in, where is the - where is the area that would be what you
call the sitting area or up front where you talked about-
10
A:
[Interposing] It would be in the upper right corner,
would be the living area.
11
Q:
Living area?
12
A:
Or the salon is what the term is for the motorhome.
13
Q:
Pardon me?
14
A:
The term they use is salon.
15
Q:
Okay.
16
MR. HARDIN:
Now, if I may,
I move to
17
introduce, if I can then, these identification ones, that
18
would be, I believe 8, 9, 10 and 11.
19
my last exhibit - -
20
THE COURT:
21
MS. MCNEICE:
22
Yes.
',_____/
MR. HARDIN:
I believe this is
UrnCan we clarify please.
seen these.
23
MR. HARDIN:
24
THE COURT:
Yeah, sure.
Sure.

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I haven't
213
PROCEEDINGS
MR. HARDIN:
- - what I'm handing to you,
please.
THE COURT:
While the witness is looking at
them, sir, you testified previously that the coach is now
in Florida at a place called Marathon Coach, is that
right?
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
10
11
12
13
14
15
THE COURT:
What it the coach there for?
MR. DOMCHEFF:
THE COURT:
On the night of the lOth?
Okay.
All right, thank you, sir.
THE COURT:
18
FEMALE VOICE:
How many pictures are there?

It looks like there's four.
We'll start with seven, eight,
nine and ten.

THE COURT:
No, ma'am, I think there is already
a Respondent's 7.
22
MR. HARDIN:
23
was 8, 9, 10, and 11.
24
I brought it down on the night
of the lOth.
17
21
And how long
has it been there?
FEMLE VOICE:
20
Routine maintenance.
Routine maintenance?
16
19
Yes.
THE COURT:
There is a seven.
I thought it
So, 8, 9, 10 and 11.

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214
PROCEEDINGS
MS. MCNEICE:
8, R-9, R-10 and R-11.
Okay.
So, these are exhibits R-
I
I
THE COURT:
MS. MCNEICE:
Is that correct?
That's what they would be.
Okay.
And do you have copies for
me, please?
MR. HARDIN:
Yeah, they're - - , which ones?
MS. MCNEICE:
Your Honor, I don't have any
copies and before I do I cannot-
THE COURT:
[Interposing] Well, we will do the
10
best we can to make a copy of them, or we will give them
11
to you when you need to examine the witness, or you can
12
take a look at them right now.
13
have color photocopiers in this building.
And it's not
14
going to make a really good copy of this.
Why don't we
15
just recess, Ms. McNeice, so you can take a look at
16
those?
17
about them or have some concerns about their admission,
18
you can let me know.
I will tell you we don't
And then, if you - later will have questions
So, we will recess briefly.
19
MS. MCNEICE:
20
THE CLERK:
21
[OFF THE RECORD]
22
[ON THE RECORD]
23
THE COURT:
24
necessarily I guess.
Thank you.
All rise.
Be on the record for this

Well, I-we can stay on the ...

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
'\
[OFF THE RECORD]
[ON THE RECORD]
THE COURT:
215
Yeah.
It doesn't look like we're
necessarily going to complete this case by 4:30 today, so
I've been advised by Court staff that we need to start
looking at alternate dates for the conclusion of this
hearing.
how to access my calendar because I am a technological
idiot.
And so, I have brought my secretary, who knows
And that way, we can kind of figure out when
10
we're going to conclude.
11
your calendars as well.
12
an electronic device other than Ms. Driscoll.
13
MS. DRISCOLL:
14
THE COURT:
If you folks have access to

All right.
Yeah.
Okay.
I see everybody with
It's in the police car.
All right.
Okay.
I imagine
15
I'm going to be scheduled out fairly far.
16
can start thinking of dates that might be available, the
17
soonest date that you might have available, then I will
18
take a look at my schedule and see whether we can
19
conclude.
20
21
MR. LIGUORI:
So if counsel
Your Honor, does it always have
to be on a Tuesday?
22
THE COURT:
23
MR. LIGUORI:
Any date?
24
MS. MCNEICE:
For Tuesday.
No.

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PROCEEDINGS
MR. LIGUORI:
216
I mean, we can have this now at
any day?
We can conclude this
hearing on any day.
start on Tuesday, but we can conclude this hearing any
day of the week.
MR. HARDIN:
THE COURT:
gth.
I mean, all of our PFA calendars
Can we look at January dates?

Sure.
I'm gone the 5th through the
I'm not going to be here-
10
MR. HARDIN:
11
THE COURT:
12
MR. HARDIN:
13
can do it any time after that.
14
THE COURT:
15
[Off mic speaking]
16
MR. HARDIN:
17
..._
Yes, yes.
THE COURT:
[Interposing]
And that-
--then.
And that works perfect for me.
Okay.
Could we do the 12th or the 13th,
and that's for January?
18
MS. MCNEICE:
19
MR. HARDIN:
20
MS. MCNEICE:
21
THE COURT:
22
MR. HARDIN:
23
THE COURT:
24
MS . MCNEICE:
Are we setting aside both days?

Yeah.
I can do both days.
The 12th and 13th is good for[Interposing]
Yes.
--for[Interposing]
The 12th being-
__ /

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217
PROCEEDINGS
CARRIE:
MR. HARDIN:
MS. MCNEICE:
THE COURT:
MR. LIGUORI:
The 13th [crosstalk]-
[Interposing]
Right, right.
--Monday and Tuesday.

Ms. McNeice, Mr. Liguori?
The 12th' respectfully I know I
have a matter in Superior Court, two cases that had been
continued to the 12th because the prosecutor is in the
Ukraine for vacation.
but I can't tell you today.
10
THE COURT:
11
MR. LIGUORI:
12
THE COURT:
13
calendar?
14
calendar?
I could probably get those moved,
Okay.
I'll try to get those moved.
All right.
And Mr. Busch's
Mr. Hardin, how are we looking for Mr. Busch's
15
MR. HARDIN:
16
THE COURT:
17
MR. HARDIN:
18
THE COURT:
--12th and/or the 13th of January.
19
MR. BUSCH:
They're available.
20
THE COURT:
22
MS. MCNEICE:
24
Which is what?
I'm sorry.
For the[Interposing]
Oh.
Preferred would
be 15 and 16 of that week, but-
21
23
[Interposing]
[Interposing]
Okay.
That would be Thursday and
Friday?
CARRIE:
I can't do that.
All right.

Phone: 212-346-6666 *Fax: 888-412-3655
The 20th
218
PROCEEDINGS
is not available.
[Ringing]
CARRIE:
THE COURT:
CARRIE:
MS. MCNEICE:
CARRIE:
MR. LIGUORI:
Oh, see what happens.

Did it die?
No.
No.
She got a text.
I got a call.
I can't do 15 or 16, so could we
talk about 12, 13 after all?
10
THE COURT:
Okay.
11
MR. BUSCH:
[Interposing]
12
13.
13
14.
Well, I[crosstalk] of 12,
At least I can get moving on the 12th.
14
THE COURT:
15
MS. MCNEICE:
Probably 13,
Okay.
Did you say the 13th and Wednesday
16
17
18
MR. HARDIN:
14th.
19
20
THE COURT:
MR. HARDIN:
22
MR. LIGUORI:
24
Are we thinking we might be able to
get this case completed in one day from here?
21
23
I have to be somewhere else on the
I would hope so.

I mean, we're talking about a
full day.
THE COURT:
Yeah.

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219
PROCEEDINGS
----- ~-.,
MR. LIGUORI:
We're talking about 9:00 to 4:30
straight through?
CARRIE:
Yeah.
Short period 8:30 and we'll
have you in here and ready to roll at exactly 9:00.
THE COURT:
Yeah.
We're far enough out that I
probably won't have any emergency custody or anything
that morning, so ...
MS. MCNEICE:
MR. HARDIN:
10
MR. LIGUORI:
12
MR. HARDIN:
Yeah, I'll try.

Could we do the 12~ with the 13~
as a backup?
14
15
That's better actually for me.
Could you move your stuff?
11
13
Well, how about Monday the 12th?
MR. LIGUORI:
We'll do the request for
continuances on my matter right away.
16
THE COURT:
Okay.
All right.
And everybody
17
has to understand that the Superior Court, we have a
18
pecking order here in our Court system, and the Superior
19
Court generally takes priority over our Court in terms of
20
scheduling, according to the Judicial Conference.
21
guess that's what they call it.
22
to ask them to move his cases, but he has no control over
23
whether they do that, nor do I.
24
fingers.
So Mr. Liguori is going
And so, we can cross our
What am I scheduled for on the 12th and 13th?

Phone: 212-346-6666 *Fax: 888-412-3655
220
PROCEEDINGS
CARRIE:
Tuesday.
THE COURT:
of protection for review hearings on Tuesday thatCARRIE:
[Interposing]
There's only three
right now.
THE COURT:
Yeah.
We're not going to close the
PFA-
10
CARRIE:
11
THE COURT:
[Interposing]
Yeah;
--calendar.
We can't do that.
So
12
we'll try for Monday the 12th and cross our fingers that
13
we'll get it done the 12th of January.
14
15
MS. MCNEICE:
What time do you anticipate
starting?
16
THE COURT:
17
gets here and wants to start.
18
19
20
21
We'll hope that we can get
it down on Monday, because I have a whole calendar full
Okay.
You're - - on that Monday and- -
CARRIE:
We'll start as soon as everybody
If everybody gets here around 8:30
[crosstalk]THE COURT:
[Interposing]
Our doors don't open
before 8:30 though.
22
CARRIE:
23
THE COURT:
24
CARRIE:
Yeah.
Get here right at 8:30-
[Interposing]
So-
--we'll clear you through and come

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221
PROCEEDINGS
right into whatever courtroom we're going to use.
Tricia, you're good for 8:30 on the 12th?
Everybody's good for 8:30 on the 12th?
MS. DRISCOLL:
done before the end of the year?

THE COURT:
Well, obviously we have a number of
attorneys who have matters scheduled in other courts and
we do have to accommodate those scheduling issues.
There's really not a ton we can do sometimes when
10
hearings carry over because it is difficult for attorneys
11
to set aside the kind of time in their schedules and for
12
Courts to set a time
13
accommodate sort of spillover of hearings.
14
unfortunately, there's probably not any way we can get it
15
done before then.
16
with your counsel if there's a need for some emergency
17
application that you perceive.
18
Court and the Court will deal with it.
20
21
There's no way of getting this
19
Okay.
~n
And so,
If there is a need, you can discuss
MS. MCNEICE:
clarify?
their schedules that would
You may file one with the
And Your Honor, may I just
Are we setting this on for the 13th also?

THE COURT:
Sure.
If we need it, I'll do it.
22
And we'll cross our fingers that we won't need it because
23
that's my PFA calendar that day and there are probably
24
going to be about 25 or 30 other people who want me to

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
hear their PFAs that day.
CARRIE:
THE COURT:
MR. LIGUORI:
CARRIE:
THE COURT:
222
Can we move on?
Is everybody ready?
I'm assuming.
Oh.
Are we ready to-
[Interposing]
Yes.
So we've agreed we'll go with the
12th and then backup on the 13th.
MR. HARDIN:
THE COURT:
That's probably best, Judge.

All right.
We'll do that.
And
10
again, I can't close a detaining calendar;
11
a PFA calendar, but we'll work around it.
12
Thank you Carrie.
13
their phones to airplane mode or something, whatever you
14
do so it doesn't buzz in Court.
All right.
15
[Off mic speaking]
16
THE COURT:
17
20
21
All right.
Now everybody has to turn
All right.
So when we left off, we
were on-
18
19
I can't close
MS. MCNEICE:
[Interposing]
I think the
MR. LIGUORI:
[Interposing]
I think
pictures-
respectfully we were on re-cross, weren't we?
22
MR. HARDIN:
23
MS. MCNEICE:
I gave the pictures-
24
MR. LIGUORI:
[Interposing]
No.
No?

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
MS. MCNEICE:
MR. HARDIN:
THE COURT:
MR. HARDIN:
THE COURT:
MR. LIGUORI:
THE COURT:
8
9
10
223
--to [crosstalk][Interposing]
No.
No.
We were on redirect-
[Interposing]
We weren't.
--and Mr. Hardin had[Interposing]
I'm sorry.
--moved the admission of some
photographs and Ms. McNeice wasMR. HARDIN:

look at them.
[Interposing]
She was going to
I think that's where we were.
11
THE COURT:
12
MR. LIGUORI:
Oh okay.
13
MS. MCNEICE:
I've discussed them with my
--considering them.
14
client, Your Honor, and with of course an opportunity to
15
question the witness about it, we do not object.
16
THE COURT:
17
Respondent's 8, 9, 10 and 11.
18
Okay.
[Whereupon, Respondent Exhibits 8, 9, 10 and 11
19
were admitted into evidence.]
20
THE COURT:
21
Those will be admitted as
And I'm assuming we're going to do
them in the order in which they were ID exhibits?
22
MR. HARDIN:
23
MS. MCNEICE:
24
THE COURT:
Yes sir.
And might I just also[Interposing]
Okay.

Phone: 212-346-6666 *Fax: 888-412-3655
224
PROCEEDINGS
MS. MCNEICE:
You have the only
copies of those, Your Honor.
THE COURT:
Sure.
So we'll do ordinary rules
where I'll give the exhibits to people who want to
examine the witness with them.
MR. HARDIN:
Well, and we can, since we are not
going to be complete today, we can send her copies before
the next day.

THE COURT:
10
11
13
Sure.
MR. HARDIN:
That's fine.
We'll have copies made and sent to
them.
12
(
--clarify?
THE COURT:. That's fine.

make them available for any-
14
MR. HARDIN:
15
THE COURT:
[Interposing]
question the witness from them.
17
MR. HARDIN:
18
CARRIE:
20
21
22
23
24
So we [crosstalk]-
--for either counsel who wish to
16
19
And we'll certainly
I know that [crosstalk]-
[Interposing]
Do you need these to
question?
MS. MCNEICE:
I can get them.
I can make sure
we have the right ones.

MR. HARDIN:
If she can make a record of them
now, and thenTHE COURT:
[Interposing]
Oh okay.

Phone: 212-346-6666 *Fax: 888-412-3655
Sure.
225
PROCEEDINGS
' \I
MR. HARDIN:
THE COURT:
--that way we'll know [crosstalk][Interposing]
We'll return them to
you, Mr. Hardin, so that that can happen.
MR. HARDIN:
Thank you.
And I can question
another witness about them and what they show, so I'll
pass-
THE COURT:
MR. HARDIN:
THE COURT:
[Interposing]
Sure.
--the witness.
Sure.
Okay.
So that's the end of
10
redirect.
11
redirect, do you have any questions that you wanted to
12
ask on re-cross of the witness as it relates to these
13
photographs or other matters?
Ms. McNeice, since these were admitted on
14
MS. MCNEICE:
15
THE COURT:
16
MS. MCNEICE:
As to these photos and also[Interposing]
--some of the comments that Mr.
17
Hardin brought up on redirect.
18
THE COURT:
19
CARRIE:
20
21
22
Okay.
All right.
You're going to need to get in front
of the microphone.
MS. MCNEICE:
Oh, okay.
And may I have the
pictures, Your Honor?
23
THE COURT:
24
CARRIE:
You may as soon as ...
I'm taking pictures of pictures.

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
~,,
('
226
Okay.
THE COURT:
Sometimes that's probably the
fastest way to get them to you.
MS. MCNEICE:
THE COURT:
How would you prefer that I[Interposing]
Well, just identify
the exhibit that you're showing to the witness, and then
have the witness answer whatever questions you have about
the exhibit so that I'll know when I see the exhibit come
back which one you're talking about.
10
MS. MCNEICE:
11
M I C H A E L
12
Thank you.
D 0 M C H E F F, having first
been duly sworn, testified as follows:
13
RE-CROSS EXAMINATION
14
BY CAROLYN MCNEICE, ESQ.:
15
Okay.
Q.
All right.
Sir, I'm going to hand you an exhibit
16
that is marked as number eight.
17
that you took?
Is that one of the pictures
18
A.
Yes.
19
Q.
And it appears to have been taken on 12/10/14,
20
correct?
21
A.
Mm-hmm.
22
Q.
And who is this person that I'm seeing in the mirror
23
24
there?
A.
Me.
Phone: 212-346-6666 *Fax: 888-412-3655
RECROSS EXAMINATION OF M. DOMCHEFF BY C. MCNEICE
Q.
You?
A.
At the entrance to the hallway.
227
And where are you standing, sir?

If you can imagine,
there's a refrigerator here and the galley part is right here.
So I'm standing in the galley area.
Q.
And that galley is a version of a kitchen?
A.
Kitchen, yeah.
Q.
Okay.
Okay.
into a bathroom;
is that what I'm seeing at the end-
A.
[Interposing]
10
Q.
--there?
11
A.
Mm-hmm.
12
Q.
Okay.
13
And it appears that you're looking
Yeah.
And is there some closure or a door that
separates the bedroom that is pictured from-is that a hallway?
14
A.
Yes.
15
Q.
Okay.
16
A.
Yes sir-or yes ma'am.
17
Q.
And how is that door accessed?
18
A.
It's a pocket door.
19
Q.
Okay.
20
A.
And there's a button on the picture on the left wall
Is there a door, sir?
21
in the hallway.
22
the left side of the wall.
23
24
Q.
And there's also a button in the bedroom on
Okay.
THE COURT:
Are we talking about the door to

Phone: 212-346-6666 *Fax: 888-412-3655
228
the bathroom?
MR. MICHAEL DOMCHEFF:
MR. LIGUORI:
microphone?
of him please?
6
7
Could we get that
Could we just move that microphone in front
The door between the hallway and
the bedroom.
THE COURT:
Q.
Okay.
Okay.
Thank you.
And if you were to enter the bedroom, sir,
10
and then turn and face the bed, is it correct that this is the
11
right side of the bed and this is the left side of the bed
12
closest to the bathroom?
13
A.
Yes.
14
Q.
Okay.
15
Yes, okay.
Also, do you know where Houston
would sleep when he was on this-
16
A.
[Interposing]
17
Q.
And where is that, sir?
18
A.
On the right side of the hallway there's a-in the
19
_/-'
[Interposing]
MR. DOMCHEFF:
8
9
No, to the-
Yes.
picture there's a curtain over top of it, but that is a bunk.
20
Q.
And that was essentially Houston's room?
21
A.
Yes.
22
Q.
Well, bed?
23
A.
Bed, yes.
24
Q.
Yes, okay.
And was there another bathroom available

Phone: 212-346-6666 * Fax: 888-412-3655
on the-
A.
[Interposing]
Q.
And where would that be, sir?
A.
On the left side of the hallway, directly across
6
7
')
/
Yes.
from the bunk.
Q.
Okay.
And I'm seeing just a small indentation.
Would that be-
A.
[Interposing]
Q.
--it?
10
A.
[Interposing]
11
Q.
--a refrigerator.
12
A.
[Interposing]
13
Q.
Back here?
14
A.
Mm-hmm.
Okay.
Yes.
And then this isA refrigerator.
The rest of the kitchen is-
Back towards
the~behind
the picture.
This side would be the seating area, and on
15
this side here you would have the stove, the cooking
16
facilities and the sink.
17
18
229
Q.
mentioned?
Okay.
And where is the salon, sir, that you
You [crosstalk]-
19
A.
[Interposing]
20
Q.
--in the hearing.
21
A.
Yeah.
It would be on the other side of the galley.
22
Q.
Okay.
And again, tell me, if you can, the distance
It-
23
from the salon to, for instance, this wall that separates the
24
bed and the bathroom.

Phone: 212-346-6666 *Fax: 888-412-3655
A.
230
It's just an average, probably from the edge of the
couch that sits on the-if you're looking at the picture, it
would sit on the right side to the back would probably be
about 12, 15 feet.
Q.
12, 15 feet from the edge of which, sir?
A.
I don't have a picture that shows the other part.
From the edge of the-if you could picture a countertop here.
From the start of the countertop to this area right here,
which the right side of the bed would be about 12 feet.
And
10
then the width of the bed, the king size bed would be, what 78
11
inches on top of that.
12
wall is roughly two and a half feet.
And then I believe from the bed to the
13
Q.
Okay.
14
A.
[Interposing]
15
Q.
--picture of that?
16
A.
Yeah.
17
Q.
[Interposing]
You used the tape-
18
A.
[Interposing]
Yeah.
19
Q.
--measure?
20
A.
Yes.
21
Two and a half feet?

Yeah.
You took a
I-
I don't have-
I don't have the exact measurements in my
head.
Q.
23
24
reason to dispute that?

A.
No.
[crosstalk]-
That would probably be 18 inches.

Phone: 212-346-6666 *Fax: 888-412-3655
Q.
Okay.
A.
[Interposing]
Q.
--18 inches?
So it's not two and a half feet;
231
it's about-
Right.
Okay.
And when you say the edge of
the counter, are you talking about the far edge of the kitchen
counter-
A.
[Interposing]
Q.
--that is-
A.
[Interposing]
Q.
--out here?
10
A.
Yeah.
Yes.
Yes.
The kitchen counter butts up against a couch.
11
So it would be the couch, the kitchen counter that would
12
follow around to the edge of this wall right here on this side
13
of the cupboard.
14
Q.
15
I apologize.
16
A.
17
And you think that distance is-tell me again, sir.
If I were to say from the edge of the couch to this
wall here, I'd say it's approximately 20 feet maybe.
18
Q.
20 feet?
19
A.
Yeah.
20
Q.
And that includes a bed for Houston?
21
A.
Yeah.
22
Q.
Okay.
23
24
The overall length.
THE COURT:
Okay.
So when you say the edge of
the couch, do you mean the edge of a couch that's closest

Phone: 212-346-6666 *Fax: 888-412-3655
to the bedroom?
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
It's hard to describe-
[Interposing]
The closest edge?
--from this particular picture.
I think there's a bigger, a wider frame picture.
6
7
THE COURT:
Okay.
Do you believe that's one of
the ones we've admitted?
MR. DOMCHEFF:
THE COURT:
Mm-hmm.
Okay.
Well, do you-Ms. McNeice, if
10
you could show him the other photographs so he could
11
perhaps pick it out.
12
better photograph, please give me the identification
13
number so I can-
14
And sir, if you do pick out a
MR. DOMCHEFF:
15
wouldn't be in any-
16
THE COURT:
17
MR. DOMCHEFF:
18
MS. MCNEICE:
19
Right.
It
--record it.
--of these pictures.
Okay.
THE COURT:
admitted?
Okay.
Okay.
So it's none of these
MR. DOMCHEFF:
23
THE COURT:
Q.
None of the ones that we've
All right.
22
24
[Interposing]
pictures.
20
21
232
I apologize, sir.
Yeah.
I tried.
If you recall, sir, does the-is the bed for Houston,

Phone: 212-346-6666 *Fax: 888-412-3655
A.
Single.
Q.
Okay.
A.
[Interposing]
Q.
--a typical single-
A.
[Interposing]
Q.
--twin bed?
A.
It's actually-it's a little bit bigger than a crib
10
11
12
And is it-
bed, if you know.
It's-
No.
And I don't know the sizes of crib beds,
but it's probably longer and about as wide.

Q.
Okay.
Would you describe that as shorter than a
twin bed size?
13
A.
Yes, yes.
14
Q.
Okay.
All right.
And then the remaining portion of
15
the motorhome, including whatever would be another part of the
16
couch, other furnishings?
17
A.
The driver's compartment.
18
Q.
The driver's compartment is-
19
A.
[Interposing]
20
Q.
--how wide would you suggest that is?
21
A.
The driver's compartment would probably be whatever
22
23
__ /
is that a single bed or a double bed?
'--....,
233
24
Yeah.
that is.
THE COURT:
The width of the witness stand is
what you're describing?

Phone: 212-346-6666 *Fax: 888-412-3655
'I
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
Right, right.
Okay.
Yes.
Q.
Okay.
A.
Yeah.
Q.
So that's I don't know, three feet, maybe four?
A.
Three and a half, four feet.
THE COURT:
It's something I can relate to.
A.
Four feet.
10
Q.
Okay.
11
A.
That's the width.
12
Q.
The width?
13
A.
Yeah.
14
Q.
Oh.
15
A.
You asked the width, correct?
16
Q.
I'm sorry.
17
18
And that's the depth of this?
Perhaps I did say that.
I'm trying to
estimate the full length of the motorhome.

A.
Yeah.
19
measurements.
20
manufacturer.
234
Again, I mean, I don't have exact

I can get exact measurements from the
21
Q.
Just tell me what you think.
22
A.
Yeah.
23
Q.
What do you think?
24
A.
The overall length of the living space?

Phone: 212-346-6666 *Fax: 888-412-3655
Q.
Of the whole thing, including the driver's-
A.
[Interposing]
Q.
Okay.
A.
The interior from front to back, it'd probably be
235
Well, it's 50 feet from front to
back.
two feet shorter than that, so-
Q.
[Interposing]
A.
--48 feet.
Q.
So would it be correct to assume that with the
Okay.
10
kitchen, the galley area that is, this hallway, Houston's bed,
11
the bedroom and the bathroom, it might be approximately half
12
the length of the motorhome?
13
A.
Including the rear bathroom?
14
Q.
Including this bathroom that's pictured here, yes.
15
A.
I would say halfway would probably be more towards
16
the wall, which is right on the other side of-there's these
17
two cupboards and then there's a pantry.
18
probably be halfway.
19
Q.
Okay.
20
A.
And that's to the-
21
Q.
[Interposing]
22
A.
--back of the bathroom.
And the pantry would
Okay.
23
MS. MCNEICE:
24
THE COURT:
May I have - Sure.
I'll take a look at it.

Phone: 212-346-6666 *Fax: 888-412-3655
MS. MCNEICE:
Q.
All right.
Okay.
Sir, I'm going to hand you an exhibit
that's reported-excuse me-it's marked number nine.
tell me what this is, sir?
A.
236
Can you
That's a view from the foot of the bed on the left
side of the bed, showing the distance between the bed and the
wall.
Q.
Okay.
A.
Which this wall would butt up against the bathroom.
10
Q.
Okay.
11
A.
Mm-hmm.
12
Q.
Okay.
13
And again, you took this on 12/10/14?
What is the distance between this edge of the
wall and the-well, which side of the bed is this;
14
left-
A.
[Interposing]
16
Q.
Left side, the left side of the bed.
17
A.
It would be, I think it's more like 19 inches
15
18
19
20
This would be the left side of the
bed.
because you got your comforter in there.

Q.
Okay.
Now, on September 26th, would there have been
any other items on these ledges that are next to the bed?
21
A.
Yes.
22
Q.
And what would those items have been, sir?
23
A.
There would be a picture of Houston and an iPad.
24
Q.
An iPad?

Phone: 212-346-6666 *Fax: 888-412-3655
A.
Mm-hmm.
Q.
Is this an iPad owned by Mr. Busch?
A.
Yes.
Q.
Okay.
purchased for him or collected for him and placed it on a
corporate credit card?
A.
No.
Q.
This is not the one you purchased-
A.
[Interposing]
10
Q.
--for him?
Did you purchase an iPad for him at his
12
A.
I had purchased an iPad, but not at his direction.
13
Q.
Is it for yourself?
14
A.
No.
15
Q.
You purchased an iPad for who, sir?
16
A.
For the coach.
17
Q.
[Interposing]
18
A.
Mm-hmm.
19
Q.
And-
21
"--)
No.
direction?
20
And would this have been the iPad that you
11
THE COURT:
For the [crosstalk]For the coach?
[Interposing]
Are there aspects of
the coach, sir, that are controlled by an iPad?
22
MR. DOMCHEFF:
23
THE COURT:
24
237
Q.
Okay.
Yes.
Okay.
But who told you to buy this iPad?

Phone: 212-346-6666 * Fax: 888-412-3655
A.
Patricia Driscoll.
Q.
Oh okay.
Yes.
Q.
And do you know why another iPad had to be
A.
We put an iPad on the outside to control functions
on the outside of the bus.
Q.
Okay.
Were you ever told that the reason they
needed another iPad was because Mr. Busch had thrown it into
11
one of the walls?
13
14
15
A.
Originally, I was told to buy an iPad to replace the
one that Mr. Busch broke.

Q.
Okay.
And did you actually have to go buy a second
iPad that you had been advised Mr. Busch broke?
16
A.
No.
17
Q.
Just one?
18
A.
I purchased one.
19
Q.
Okay.
20
A.
Yes.
21
Q.
I'm going to hand you Exhibit 10.
22
purchased, sir?
10
12
..
first started your job in the beginning of 2014?

A.
Was there an iPad in the coach when you
238
You only had to do that one time?
Is that iPad still in the motor home?
And again, did
you take this on 12/11/14?
23
A.
Mm-hmm.
24
Q.
And what is this, sir?

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
A.
That's just a photograph of the sleeping-the
bedroom.
3
4
Q.
to us.
Okay.
And there's a side of the bed that's closest
What side is that?
A.
This would be the left side.
Q.
Okay.
A.
Yes.
Q.
All right.
10
A.
Yes.
11
Q.
I see.
239
Okay.
Is this a mirror that I'm looking at
here?
And that's in the bedroom?
It's recessed into the wall.

And there's one last one.
Anything unique
12
or different about number 11 that you haven't told me about
13
before?
14
A.
No.
15
Q.
Okay.
16
17
That shows more of the bathroom.

Let's see now.
MS. MCNEICE:
time, Your Honor?
[crosstalk]-
18
THE COURT:
19
MS. MCNEICE:
20
[Interposing]
Sure.
There wasn't [background noise].
No, this isn't it.
21
22
May I have those back one more
THE COURT:
Q.
Okay.
Referring again to this Exhibit 11, did you ever
23
make any repairs to the wall along the side of this bathroom
24
between the bed and theUbiqus/Nation-Wide Reporting & Convention Coverage

Phone: 212-346-6666 *Fax: 888-412-3655
A.
[Interposing]
Q.
You never have?
No.
Did you ever observe anyone else
making repairs?
A.
No.
Q.
Were there-
THE COURT:
[Interposing]
Do you repair the
walls of the motorhome when they need repairing or do you
have someone else do it?
MR. DOMCHEFF:
10
240
THE COURT:
Oh, we have someone else do it.
Okay.
11
Q.
Did you ever observe anyone else do that?
12
A.
No.
13
Q.
Okay.
14
needed repair at one time and then suddenly it was repaired?
15
A.
No.
16
Q.
No?
17
A.
No.
18
Q.
No?
19
Not at all during your tenure?
You mentioned that you had some conversations
with Ms. Busch approximately five times-
20
21
Was this done-was there something there that
MR. LIGUORI:
[Interposing]
MS. MCNEICE:
Oh, I apologize.
That'd be Ms.
Driscoll.
22
23
three times.
24
Q.
Ms. Driscoll.
I've done that
You indicated that you spoke with her

Phone: 212-346-6666 *Fax: 888-412-3655
241
approximately five times after September 26th_
A.
[Interposing]
Q.
--correct?
A.
Yes.
Q.
And in one of those phone calls, she asked you to
A.
Yes.
Q.
Okay.
A.
Yes.
10
Q.
Okay.
And sir, have you ever-did you tell Ms.
Driscoll on September 26th that you had spoken to Ed Jarvis
12
concerning Kurt Busch?
13
A.
Yes.
14
Q.
Okay.
Do you know why you spoke-oh excuse me.
A.
Mostly out of concern for her.
17
Q.
Okay.
18
Jarvis?
19
A.
I believe it was in the afternoon.
20
Q.
Okay.
. 23
24
Tell
me why you spoke to Ed Jarvis.
16
22
Were they some books?
11
21
return some items of hers, correct?
15
Yes.
What time of the day did you speak with Ed
What was your concern about Mr. Busch in the
afternoon?
A.
It was regarding the attachment that Mr. Skill
[phonetic] sent me about-he had a copy of it also.

Q.
Okay.
That attachment, was that the 7:30 phone call

Phone: 212-346-6666 *Fax: 888-412-3655
242
or-
A.
[Interposing]
Q.
--text that she had with Mr.-
A.
[Interposing]
Q.
Well, you said you spoke with him in the afternoon.
A.
Q.
Mm-hmm.
A.
Or was it the 27th?
The-
Yeah.
THE COURT:
Okay.
10
Q.
You said it was the 26th.
11
A.
No.
12
Q.
I asked you if it was the 26th and you-
13
A.
[Interposing]
14
Q.
--agreed.
15
A.
The 27th.
16
Q.
Oh, it was the 27th?
17
A.
I am-
18
The 27th.
THE COURT:
[Interposing]
It's okay, sir.
19
A.
You'll have to tell me Friday, Saturday, Sunday.
20
Q.
Okay.
21
THE COURT:
Yeah.
This is your testimony, sir,
22
and you control when things happen according to your
23
testimony.
24
MS. MCNEICE:
Okay.

Phone: 212-346-6666 *Fax: 888-412-3655
So she sent you a picture of this text exchange with
Kurt on the 26th.
concern for Mr. Busch at that time?
On the 27th, you spoke to Ed Jarvis of your
A.
Mm-hmm.
Q.
And yet you told us that when you saw Mr. Busch on
the morning of the 27th he had a cup of coffee and his backpack
and he seemed like he was ready to go, clean shaven, ready to
go.
A.
Mm-hmm.
10
Q.
Okay.
11
12
)
Q.
243
13
So what caused you concern on the 27th that
you spoke to Mr. Jarvis?

A.
Just the concern about how things were going with
the team.
14
Q.
How things were going?
15
A.
Yes.
16
Q.
How the ...
17
A.
For the team or for Mr. Busch, sir?
18
A.
I'm trying to find the correct wording.
19
Basically,
showing him concern.
20
Q.
Showing Mr. Busch concern?
21
A.
No, no, not showing Mr. Busch concern;
showing
22
concern about how the team and Kurt were running, basically.
23
You know, that's-
24
THE COURT:
[Interposing]
When you say

Phone: 212-346-6666 *Fax: 888-412-3655
--
"running," you mean in the race?
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
[Interposing]
THE COURT:
MR. DOMCHEFF:
THE COURT:
11
Q.
[Interposing]
Oh okay.
--and how it wasn't going very
Okay.
Okay.
All right.
Did you speak to Mr. Jarvis concerning any
A.
We talked about the attachment that Patricia had
Q.
Okay.
sent.
What'd you tell him?
What was your-tell me
what you said to Mr. Jarvis.
17
A.
Just that I was concerned.
18
Q.
Concerned?
19
A.
Just because of the text message.
20
Thank you, sir.
distress that you saw in Kurt Busch?
13
16
--about how the season was
well.
10
15
Oh okay.
going-
14
It was a
topic of discussion that him and I had-
12
Over the whole season.
244
What gave you cause for concern?
worried that he was-just overall concerned.
21
Q.
[Interposing]
22
A.
No, I wouldn't say-
23
Q.
[Interposing]
24
A.
I wouldn't say depressed.
I mean, I was
I mean-
Depressed?
Did you think he was depressed?

Phone: 212-346-6666 *Fax: 888-412-3655
Q.
Did you think he was distressed?
A.
Distressed, define distressed.
Q.
[Interposing]
I mean-
Have you ever heard Mr. Busch say,
"If I had a gun, I'd kill myself"?
A.
No.
Q.
How long did your conversation with Mr. Jarvis in
[crosstalk]-
A.
[Interposing]
Q.
Five minutes, okay.
10
245
Five minutes.
Did you speak with him again on
either the 26th or the-or excuse me-on the 27th?
11
A.
No, not really.
12
Q.
Okay.
13
A.
I mean-
14
Q.
[Interposing]
Did you learn-excuse me.
Did you
15
know that Mr. Busch had been in a discussion with some of his
16
teammates or the crew chief concerning-
17
A.
[Interposing]
18
Q.
--the car, his language, anything?
19
A.
No.
20
Q.
You didn't know that?
21
A.
Em-mm.
The car?
I mean, I guess I should point out, I mean,
22
driver and when you say "discussion," I mean, when I define
23
discussion, drivers always go in and talk to their crew chief
24
and the car chief or the team or the engineers about how
Phone: 212-346-6666 *Fax: 888-412-3655
they're going to go through the day.
aspect, yes he did.
246
And if it's in that
Q.
Okay.
A.
[Interposing]
No, this was-
Q.
[Interposing]
What time was the-
A.
[Interposing]
This was Saturday, Saturday morning.
Q.
Okay.
11
After the qualifying race on Friday, tell me
what time that race is held, the qualifying race.
10
After the qualifying race-
A.
Qualifying I believe started at 4:00, around 3:30,
Q.
Okay.
4:00.
12
And afterTHE COURT:
[Interposing]
Okay.
Is qualifying
13
for the Dover a separate race to qualify or is it just
14
like time trail?
15
MR. DOMCHEFF:
16
THE COURT:
17
MS. MCNEICE:
It's time trials.
Okay.
Fine.
He called it a qualifier, so I
18
was using that expression.
19
Q.
And finally, when you went to pick up Mr. Busch-
20
A.
[Interposing]
21
Q.
On Friday.
22
A.
Okay.
23
Q.
What time, again, was that?
24
A.
It was approximately 6:00, 6:30.
What day?

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247
Q.
Did you hear him in a discussion with anyone else?
A.
I recall just driving back to the coach.
Q.
No.
My question was, did you hear him have a
discussion with anyone else after the qualifying race?
A.
After the-no.
Q.
No?
Okay.
When you picked him up, was he alone?
After the qualifying race about, you said 6:30.
A.
Yes.
Q.
Okay.
Okay.
10
MS. MCNEICE:
11
MR. HARDIN:
12
THE COURT:

May I, Your Honor?
You may, but just before you do,
13
sir, I'm going to hand you back Respondent's Exhibit 10.
14
Thank you, Mr. Hardin.
15
upper right corner of the exhibit, just about where the
16
sticker is-
And if you take a look at the
17
MR. DOMCHEFF:
18
THE COURT:
19
Oh yeah.
--does that-what does that depict
sort of off in the distance there that we're looking at?
20
MR. DOMCHEFF:
21
THE COURT:
22
[Interposing]
That's an intercom system.
No, no, no.
I mean, I mean,
there's sort of-
23
MR. DOMCHEFF:
24
THE COURT:
[Interposing]
--the hall.
Oh here?
It looks out into the

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248
PROCEEDINGS
hallway-
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
THE COURT:
MR. DOMCHEFF:
THE COURT:
way.
12
stops?
Okay.
I think it's a lot easier that
This would be the-you see where the carpet
That's where the coach starts.

THE COURT:
14
MR. DOMCHEFF:
Okay.
Then from here to this right
here-
16
THE COURT:
17
MR. DOMCHEFF:
18
THE COURT:
19
MR. DOMCHEFF:
[Interposing]
Okay.
--is the galley.
All right.
And then this here is the
credenza-
21
THE COURT:
22
MR. DOMCHEFF:
24
That's the-may I come up and
If you need to.
13
23
Well that is-
--room that's there?
MR. DOMCHEFF:
11
20
[Interposing]
show you?
10
15
Okay.
the sticker is, what is that that's in that-
Oh yeah.
--and in the distance over by where
[Interposing]
[Interposing]
Okay.
--that sits between the end of
the couch and where I sit, the driver's seat.

THE COURT:
All right.
Thank you, sir.

Phone: 212-346-6666 *Fax: 888-412-3655
You
249
PROCEEDINGS
can return to the witness stand.
MS. MCNEICE:
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
THE COURT:
10
11
12
[Interposing]
[Interposing]
Yes.
All right.
they be?
MR. DOMCHEFF:
MR. DOMCHEFF:
Yes.
They would be on the left-hand
side of that picture facing forward-
16
THE COURT:
17
MR. DOMCHEFF:
18
THE COURT:
19
MR. DOMCHEFF:
[Interposing]
Okay.
--towards the credenza.
Okay.
Gotcha.
Thank you, sir.
There are actually two TVs in
there, but they are both facing forward.
21
THE COURT:
22
MR. HARDIN:
24
They would be-you saw where the
carpet is?
14
23
And sir, if inside this
coach, if somebody was watching television, where would
THE COURT:
20
Okay.
--the photographs?
13
15
Mr. Hardin, did you
need-
Just let me just-
Okay.
Thank you, sir.
Real quickly.
Were you through?
Did ydu pass the witness?

MS. MCNEICE:
I did.
I might just clear up

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250
PROCEEDINGS
just one thing.
you asked about where you would see the television from?
Which picture were you referring to when
(
3
THE COURT:
MR. HARDIN:
Real quickly.
I'm kind of
confused about timelines.
BY RUSTY HARDIN, ESQ.:
That was Respondent's 10.
Q.
That's the only thing I want to go along, because
it's what you just testified about.
When she asked you about
10
talking to Mr. Jarvis and Mr. Jarvis again is who?
11
position does he have?
12
A.
I really don't know the actual title.
13
Q.
[Interposing]
14
I mean,
Do you know?
15
A.
Tony Stewart's business manager.
16
Q.
All right.
17
I don't-
But is he a supervisor?
where does he fit within the race team?
Which
Is Mr. Jarvis part of an associated with
the racing team of Stewart Haas?
18
A.
I don't know that answer.
19
Q.
But and I don't understand.
If he is the business
20
manager for one of the owners, how is he not associated with
21
them?
22
you hesitating about?
Explain to me what your thought process is.
23
A.
Because we call him the Godfather.
24
Q.
And what does that mean?

Phone: 212-346-6666 * Fax: 888-412-3655
What are
That he's been around this sport for years and a lot
of people put a lot of faith and talk and problems-
Q.
[Interposing]
A.
Oh yeah.
Q.
All right.
And is he-but is he a big deal?
So is he a big deal associated with the
race team?
A.
Yes.
Q.
All right.
A.
So are you saying that she sent a
snapshot of a text between her and Kurt to a big deal in his
10
racing team?
11
A.
According to him, yes he says.
12
Q.
He's the one who told you that?
13
A.
Yes.
14
Q.
And who called him;
15
A.
We ran into each other in the garage.
16
Q.
This was not a phone call?
17
A.
No.
18
Q.
Which day was it now, because that's what I'm
19
He said it did.
you call him or he calls you?
confused on that you talked to Mr. Jarvis?
20
A.
It was a Saturday morning.
21
Q.
Okay.
And Saturday morning, about what time is it
22
that you saw Mr. Jarvis?
23
saw Mr. Busch coming out of the bus?
24
251
A.
Before or after you testified you
It would have been after.

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~,
Q.
After that?
A.
Mm.
Q.
So you had seen Mr. Busch personally that morning,
252
correct?
A.
Mm-hmm.
Q.
You have to answer yes or no.
A.
Yes.
Q.
You can't nod.
A.
Yes.
10
Q.
She can't get a nod.
Okay?
All right.
There's no recording for a
11
nod.
So when you saw him, I believe you
12
testified earlier he appeared to be normal then?
13
A.
Yes.
14
Q.
And so, but then you ran into Mr. Jarvis;
15
is that
right?
16
A.
Mm-hmm.
17
Q.
And when you ran into Mr. Jarvis, had you-you had
18
already previously gotten this-and what I want to show you
19
this Exhibit 1 of theirs to see how much of it was sent to
20
you.
Are you with me?
21
A.
Mm-hmm.
22
Q.
Because this is two pages introduced to other
23
witnesses and I want you to tell the Chancellor, the
24
Commissioner which ones of these emails were on the shot you

Phone: 212-346-6666 * Fax: 888-412-3655
got, or text messages of the shots you got.
Okay?
A.
Mm-hmm.
Q.
If you'll look at Exhibit 1 and tell me.
actually, I'm going to have two questions.
you with me?
THE COURT:
10
All right?
Are
But you can answer them one at a
MR. HARDIN:
Q.
Yes.
The first question is, how much of Exhibit 1 were
you sent by her on the 26th?
11
A.
Up to the third line on the page two.
12
Q.
Okay.
13
Now,
time.
253
So then the Court and the record.shows, were
you sent all of what is on page one?
14
THE COURT:
The first text message on page one,
15
sir, is dated Sunday, September 21, 7:32 p.m.
16
one sent to you as a part of the screenshot that you got?
17
MR. DOMCHEFF:
18
THE COURT:
19
Was that
I don't recall.
Okay.
You don't recall having seen
that as a part of your screenshot?
20
MR. DOMCHEFF:
21
THE COURT:
No.
Okay.
So then the next one starts
22
Friday, September 26t\ 7:31 p.m. with "I hope you're
23
okay".
24
Did that part get to you in your screenshot?

MR. DOMCHEFF:
Yeah, I believe so.

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
MR. HARDIN:
THE COURT:
Q.
[Interposing]
which said, "I hope you're okay"?
THE COURT:
Q.
Can I-
Sure.
Did you see the part above it

Was that on there?
I believe so.
8
9
All right.
So now, you pointed before to the light grey portion
where it's "I'm just crying".
A.
And then the-
[Interposing]
All right.
Okay.
And then when you go over to the second
10
page for the Court, just for the record, read out loud what
11
was also part of it.
12
13
14
15
i,"--J
Okay.
254
A.
"I love you. I know but I don't know if I do.
don't love anything right now."

Q.
All right.
So that's the portion-you don't remember
the bottom portion being sent to you?
16
A.
No.
17
Q.
All right.
And when the Judge asked you if you
18
remember, when you say I don't remember that could always mean
19
a couple of things.
20
not sure whether you got it?
Does it mean you did not get it or you're
21
A.
I'm not-
22
Q.
[Interposing]
23
A.
I'm not sure whether I got it.
24
Q.
Whether you got the top portion-
Or you just don't remember?

Phone: 212-346-6666 *Fax: 888-412-3655
/.------..,\
A.
[Interposing]
Q.
--of the first page?
255
Mm-hmm.
Okay, fine.
Now, when she
sent you this on the 26th and then you had your phone call,
that was, I believe, the basis of your concern;
A.
Mm-hmm.
Q.
Pardon me?
A.
Yes.
Q.
You've got to answer-
A.
[Interposing]
10
Q.
All right.
11
12
13
14
was it not?
Yes sir.
Now when was it that you talked to her
in which she gave you her version of what happened that night?
A.
It would have been on Saturday, somewhere between
11:00 and noon.

Q.
All right.
By the time you saw Mr. Jarvis, had you
15
received these text messages from her the day before and then
16
talked to her in the conversations you recited about going
17
over there and whether to go or so, and then talked to her
18
Saturday morning about her version of what happened Friday
19
night?
Is that too many things in there?
20
A.
Yeah.
21
Q.
All right.
22
A.
[Interposing]
23
Q.
--and go backwards.
24
A.
Okay.
Let's start from the endOkay.

Phone: 212-346-6666 *Fax: 888-412-3655
Q.
When you talked to Mr. Jarvis on Saturday-
A.
[Interposing]
Q.
--had you already talked to her that morning with
256
her version of what had happened?
A.
No, not yet.
Q.
When did you talk to her about her version compared
7
8
9
10
Right.
to when you talked to Mr. Jarvis?

A.
It was after I took Kurt into the driver's owner lot
or into the coach garage and I parked the golf cart and walked
into the garage, and that's when I ran into Eddie Jarvis.
11
Q.
All right.
12
A.
And then after that is when I got the phone call.
13
Q.
Okay.
Now, when you saw Mr. Jarvis then, are you
14
saying that wasn't a conversation you intentionally went there
15
to have but you just ran into him?
16
A.
Right.
17
Q.
Okay.
All right.
Now, when you therefore expressed
18
concern to Mr. Jarvis, is that when you found out that he-who
19
approached who;
did he approach you?
20
A.
No.
21
Q.
All right.
22
23
24
We were walking.
I approached him.
And who brought up the fact that they'd
gotten this text the night before?

A.
I don't recall how the conversation got brought up.
I think it was I showed concern to Eddie Jarvis andUbiqus/Nation-Wide Reporting & Convention Coverage
Phone: 212-346-6666 *Fax: 888-412-3655
Q.
[Interposing]
A.
--he said he's-as a matter of fact, he said that
So he apparently knew you had gotten one?
A.
Yes.
Q.
All right.
A.
I mean, after that point, yes.
Q.
Okay.
that Ms. Driscoll had shared this, this email from the night
before with both you and a very top level person in the
11
organization;
is that right?
12
A.
Yes.
13
Q.
And when you talk about talking about concern about
14
Mr. Busch, was it concern that you had based on what Ms.
15
Driscoll was tell you and texts she had sent you?
16
A.
Yes.
17
Q.
Was that the major portion of your concern that you
A.
I wouldn't say the major concern,
20
21
22
So on Saturday, you knew-well, on Saturday
10
19
\~
"Did you get the text," and I said, "Yes".

Q.
18
Let me stop.
257
had?
just the fact that
things were going south on the team.

Q.
All right.
And what things were going south was,
he'd had a bad qualifying time, hadn't he?
23
A.
Right.
24
Q.
And the week before in New Hampshire, he had had an

Phone: 212-346-6666 *Fax: 888-412-3655
average or not great performance;
258
is-
A.
[Interposing]
Q.
--that correct?
A.
Correct.
Q.
And so, you'd had two back to back occurrences where
Right.
the team hadn't performed very well-
A.
[Interposing]
Q.
--is that right?
Correct.
And you knew that Kurt Busch was
concerned about that, right?
10
A.
Yes.
11
Q.
And you knew the team was concerned about that,
12
right?
13
A.
Yes.
14
Q.
So it would be a very natural thing for you all to
15
have that kind of conversation, wouldn't it?
16
A.
Yes.
17
Q.
About what was going on with the team?
18
A.
Correct.
19
Q.
And totally aside from that, interjected into all of
20
that is Ms. Driscoll sending these texts and talking to you
21
about how concerned she was about Kurt and everything?
22
A.
Yes.
23
Q.
And at that time, every single thing you do to be
24
concerned about Kurt personally was based on what she told

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
you, wasn't it?

A.
Yes.
MR. HARDIN:
MS. MCNEICE:
THE COURT:
RECROSS EXAMINATION
BY CAROLYN MCNEICE, ESQ.:
8
9
Q.
That's all I have.

Just to clarify.
Okay.
Sir, you got a text from her with this screenshot on
Friday night-
10
A.
[Interposing]
11
Q.
--right?
12
259
Mm-hmm.
And you said you-I'm sorry.
You got this
screenshot on Friday night?
13
A.
mm-hmm.
14
Q.
Okay.
15
A.
Correct.
16
Q.
You spoke with Mr. Jarvis on Saturday?
17
A.
Morning, yes.
18
Q.
Saturday morning.
And did you have an opportunity
19
to see what Mr. Jarvis-what was his demeanor when you told him
20
about your concern?
21
A.
I guess his response was, "We'll take care of it".
22
Q.
Okay.
23
MS. MCNEICE:
24
THE COURT:

Okay.
All right.
Sir, thank you
'-__/

Phone: 212-346-6666 *Fax: 888-412-3655
2 60
PROCEEDINGS
for your testimony.
and being here for more than one day for the hearing that
was scheduled for yesterday.
Thank you for being patient with us
MR. DOMCHEFF:
THE COURT:
MR. HARDIN:
You're excused with the Court's
Is this a good time, Your Honor,
just because everybody [crosstalk]-
Thank you.
thanks.
7
8
Okay.
THE COURT:
[Interposing]
Yeah.
It's 20
10
minutes to 5:00 it looks like according to the clock in
11
here, so I guess, unless anybody else has something else
12
that you think we can do really quickly, we'll adjourn.
13
14
MR. HARDIN:
a while, Judge.
15
16
THE COURT:
adjourn.
17
18
19
20
I think the next witness will take
Okay.
All right.
Then we'll
We'll reconvene on the 12th atCARRIE:
[Interposing]
Start coming in at
8:30.
THE COURT:
Yeah.
8:30 we open the doors, so
hopefully we'll be on the bench by 9:00.
21
MR. LIGUORI:
22
THE COURT:
23
MR. HARDIN:
24
THE COURT:
Have a nice Christmas, Judge.

You too.
Everyone be safe.
Off the record, Your Honor.

Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
[END OF HEARING]

Phone: 212-346-6666 *Fax: 888-412-3655
261
262
C E R T I F I C A T E
I, Rita Dillingham, certify that the foregoing transcript of

proceedings in the Family Court of the State of Delaware,
County of Kent of Patricia P. Driscoll v. Kurt T. Busch, File
No. CK14-02747 was prepared using the required transcription
equipment and is a true and accurate record of the
proceedings.
signature:
i?db J)dl~~~
--(;/
Date: December 26, 2014

Phone: 212-346-6666 *Fax: 888-412-3655
263
C E R T I
F I C A T E
I, Deborah Gillet, DG Professional Transcription LLC certify

that the foregoing transcript of proceedings in the Family
Court of the State of Delaware, County of Kent of Patricia P.
Driscoll v. Kurt T. Busch, File No. CK14-02747 was prepared
using the required transcription equipment and is a true and
accurate record of the proceedings.
Signature:
Date:
December 24, 2014

Phone: 212-346-6666 *Fax: 888-412-3655
264
C E R T I F I C A T E
I, Joyce A. Waser, certify that the foregoing transcript of

proceedings.
Signature:
Date:
December 23, 2014

Phone: 212-346-6666 *Fax: 888-412-3655
265
C E R T I
F I C A T E
)
I, Arnie S. Hoffmann, certify that the foregoing transcript of
proceedings.
Signature:
Date:
December 23, 2014
i _)

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

Driscoll vs. Busch, Dec 17, 2014

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FAMILY COURT FOR THE STATE OF DELAWARE

December 17, 2014

KENT COUNTY FAMILY COURT

The owner of this transcript will not copy, alter, transfer or

Ubiqus/Nation-Wide Reporting & Convention Coverage

The State of Delaware Family Court

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

Please be seated in the courtroom.

Good morning, Your Honor.

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

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

Yes, Your Honor.

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

swear Ms. Driscoll.

There's no need to re-

She's still under oath, ma'am.

BY MS. CAROLYN McNEICE

first duly sworn, testified as follows:

Good morning, Ms. Driscoll.

I'm going to hand you a

Yes, this is my request for order for protection,

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

for treatment for Kurt.

And whose signature is on that?

REDIRECT EXAMINATION OF P. DRISCOLL BY C. McNEICE

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

5 of her petition for order of protection from abuse

filed in this Court on November 5th.

that the document was affirmed.

And did you read it before you signed it?

Let's review some of the testimony and the comments

that were made yesterday with Mr. Hardin.

Busch was asleep when you entered the motorhome on September

He asked you if Mr.

What's your recollection about that?

He was not because he yelled immediately and said,

"Who the fuck is here?"

Well, you're not really sure

whether he was asleep before he yelled that though.

opened the door is he was not because he immediately

But my recollection when I

Yes, I certainly will take notice

Your Honor, I ask this Court to

Can you--strike that.

Mr. Hardin provided

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REDIRECT EXAMINATION OF P. DRISCOLL BY C. McNEICE

Do you have them?

, we may need the exhibits.

I'm referring specifically to a document that's

Did you contact her?

And why did you do that?

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

his father, as far as Kurt's alcoholism.

Your Honor, excuse me.

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

have no objection to her talking about what she said to

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

issues as they arise.

Okay, thank you.

What did you say to her?

I notified her like I have many times in the past

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