Driscoll vs. Busch, Jan. 12, 2015

FAMILY COURT OF THE STATE OF DELAWARE
COUNTY OF KENT
COURTROOM #5
------------------------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
January 12, 2015
FAMILY COURT OF THE STATE OF DELAWARE
COUNTY OF KENT
400 Court Street
Dover, DE 19901
HONORABLE DAVID W. JONES,
Commissioner
The owner of this transcript will not copy, alter, transfer or

otherwise use in an inappropriate manner.
Inappropriate use
includes, but is not limited to, using this transcript or the
content of this transcript for the purpose of harassment,
embarrassment, entertainment, inflicting emotional distress,
exploitation, blackmail, loss of employment, and/or commercial
gain.
INDEX
WI T N E S S E S
PETITIONER:
WITNESS
DIRECT
RESPONDENT::
WITNESS
DIRECT
5
52
N. Terry
C. Van MetreBurrett
69
C. Cloutier
86
K. Busch
RE
CROSS
v.
CROSS
RE
DIRECT
RE
DIRECT
RE
CROSS
v.
CROSS
51
54
58
61
131
154
158
D.
D.
33
42
48
161
166
E X H I B I T S
PETITIONER:
IDENTIFICATION
DESCRIPTION
I. D.
IN EV.
136
11
Email
135
12
Email **Withdrawn**
130
RESPONDENT:
IDENTIFICATION
DESCRIPTION
I. D.
IN EV.
12
Excerpt From Transcript,

Pages 182 and 183
33
13
Hertz Paperwork
105
106
14
Expenditures
115
125
15
Diagram of Motor Home
212
216
16
Letter
246
248
17
Letter
246
248
Ubiqus/Nation-Wide Reporting & Convention Coverage

22 Cortlandt Street- Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
INDEX
267
Letter
18
268
E X H I B I T S
RESPONDENT:
IDENTIFICATION
19
DESCRIPTION
I. D.
IN EV.
287
292

Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
MS. PAT MULLINS:
session.
Matter of ...
... Kent County is now in
The Honorable David Jones presiding in the
THE COURT:
MS. MULLINS:
Driscoll versus Busch.

Thank you.
[Laughter] .
Please
be seated.
THE COURT:
MALE VOICE:
THE COURT:
All right.
Good morning, Your Honor.
Good morning, everyone.
We're back
10
on the record, I assume, since I can't see that.
11
back on the record in the matter of the PFA petition
12
filed by Ms. Driscoll against Mr. Busch.
13
with Mr. Daunch's [phonetic] testimony.
14
completed that.
15
16
We're
We left off
I believe we
Mr. Hardin?
MR. RUSTY HARDIN, ESQ.:
Yes, Your Honor, we're
ready to proceed, if the Court is.
17
THE COURT:
18
MR. HARDIN:
19
THE COURT:
20
MS. MULLINS:
21
[Background Noise]
22
MS. MULLINS:
All right.
Certainly.
And we'll call Mr. Nick Terry.

All right.
Mr. Nick Terry.
Nick Terry.
Take the stand right here, and
23
you can take your jacket off.
24
raise your right.
Left hand on the Bible and
State your full name.

22 Cortlandt Street - Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS
MR. NICHOLAS EDWARD TERRY:
Nicholas Edward
Terry.
MS. MULLINS:
Do you swear to tell the truth,
the whole truth, and nothing but the truth, so help you,
God?
MR. TERRY:
MS. MULLINS:
I do.
Spell your last name for the
record.
MR. TERRY:
T-E-R-R-Y.
10
THE COURT:
All right.
11
12
13
Terry.
Mr. Hardin, you may proceed.

N I C H 0 L A S
E D WA R D
T E R R Y, having
been first duly sworn, testif;ed as follows:
14
DIRECT EXAMINATION
15
BY .MR. RUSTY HARDIN
16
Good morning, Mr.
Q:
Good morning.
Mr. Terry, if you will try
17
to keep in mind, the microphone in front of you is there,
18
so that you can be heard.
19
again, please?
Would 'you state your name
20
A:
Nicholas Edward Terry.
21
Q:
And, Mr. Terry, how old a man are you?
22
A:
Thirty-five.
23
Q:
And where do you live?
24
A:
I live in Thomasville, North Carolina.

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF N. TERRY BY R. HARDIN
Q:
And what's your occupation?
A:
I'm a chaplain for Motor Racing Outreach.
Q:
And how long have you been a chaplain for
Motor Racing Outreach?
A:
For three years.
Q:
Would you give the Judge a little bit of
the benefit of your background, where you grew up, your
profession, and how you got to where you are?
A:
Sure, yeah.
I spent ten years in the
10
sport of NASCAR as a competitor on the competition side,
11
as a pit crew member, going over the wall.
12
leading me to ministry, and so instead of leaving the
13
sport to go into local church ministry, I became part of
14
the team at MRO, as one of their chaplains.
15
Q:
All right.
I felt God's
So when you say Motor Racing
16
Outreach, MRI--MRO are the initials that are used within
17
the organization?
18
19
A:
that's right.
20
21
22
Yes, sir, it's for Motor Racing Outreach,
Q:
And explain to the Court what MRO is,
A:
Yeah, basically, we provide pastoral care
please.
23
for the NASCAR racing community.
24
to what a local church would do, the only difference
We are pretty similar

Phone: 212-346-6666 *Fax: 888-412-3655
being that we travel with the people and go with them,
but we provide a lot of the same care for the people.
Q:
Now, do you have any type of official
relationship, one way or the other, with NASCAR?

No, we don't have any type of relationship
A:
with them at all, no.
give us the blessing to be out there serving and doing
what we do, but, no, no affiliation with them directly.
10
Q:
We're not supported by them.
They
So it'd be fair to say you're a totally
independent organization?
11
A:
Yes, sir, that's right.
12
Q:
And NASCAR is not paying your salaries or
13
14
15
16
17
18
anything like that?

A:
No, we're funded just like a church is,
from the local community.

Q:
Do you conduct services on weekends at
different racing venues?

A:
Yeah, we do, we have--right after the
19
drivers' meetings every weekend, we have a service that
20
follows the drivers' meeting, which ends up being about
21
two hours before the race, and those services normally
22
last 20-to-25 minutes.
23
Q:
24
And how do you travel?
big of an organization is it?
First of all, how
How many of you are there?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yeah, I think there's about 14 of us on
staff, and maybe a couple of those are part-time.
But
depending on the location of the race, we'll fly.
If
it's somewhere we close, we typically drive, if it's only
five-or-six hours.
Q:
Well, for instance, at the Dover
Racetrack, would you be there--well, how would you be
there?
Would you be there in a motor home or what?

A:
Yeah, it's different every weekend, but
10
for Dover, we would be there in a motor home versus if we
11
were on the West Coast, we would just be staying in a
12
hotel.
13
Q:
All right.
14
A:
15
Q:
And do you have children?
16
A:
17
Q:
And how old are your children?
18
A:
They are seven, five,
19
Q:
And do they travel with you to these
20
21
22
23
24
Are you married?
am.
do.
and four.
different locations?
A:
They don't go on a weekly basis.
They end
up doing maybe five to eight a year.

Q:
All right.
In September of this past
year, and I'm going to be talking to you more

Phone: 212-346-6666 *Fax: 888-412-3655
particularly about September 26th of 2014, was your
family traveling with you?
A:
They were.
Q:
And did you attend the racing--the race at
Dover in September of 2014?
A:
Yes.
Q:
And when you attended that race, were you
there in your motor home?
A:
Yes.
10
Q:
And would you kindly give us an idea of
11
what the schedule would be?
12
of September was a Friday, what would your activities be?
13
A:
If we assume that the 26th
Yeah, Friday would have been a day that we
14
were just at the track, just present during the day.
15
There would have been qualifying and things like that
16
going on, Friday.
17
we just make our rounds and connect with people that are
18
there for the weekend, just to let them know that we're
19
there, to be visible and just to be present.
And so Friday is typically a day where
20
Q:
And do you know Kurt Busch?
21
A:
I do.
22
Q:
And how long have you known him?
23
A:
About three years.
24
Q:
And how would you describe, during that

Phone: 212-346-6666 *Fax: 888-412-3655
period of time, your relationship with him?
would you be with him?
anything like that?
A:
Yeah,
10
How often
Or were you social friends or
I mean, really, the extent of your
relationship was just on pit road pre-race.
allow me the opportunity to pray for him before he raced,
and really, that was the extent of our relationship.

Q:
8
9
10
He would
And in this particular matter, at some
time, did you become familiar with the woman, Patricia,

that he was dating?
11
A:
I did.
12
Q:
Do you know her full name?
13
A:
Uh-huh.
14
Q:
What is it?
15
A:
Patricia Driscoll.
16
Q:
And do you see Ms. Driscoll in the
17
courtroom today?
18
A:
19
Q:
And would you point her to the--for the
20
Judge,
do.
just for the record?
21
A:
Yeah.
22
Q:
All right.
23
THE COURT:
24
The record will reflect
identification of Ms. Driscoll.

Phone: 212-346-6666 *Fax: 888-412-3655
11
Q:
Now, how long have you known Ms. Driscoll?
A:
About three years as well.
Q:
And did you ever do any counseling for
either one of them or visit with either one of them about
different issues they were concerned about?

A:
10
had spent some time with Patricia a couple of times.
8
9
I never counseled Kurt, particularly.
Q:
All right.
Now, on the particular evening
of September the 26th, were you and your family in your

motor home?
11
A:
Yes.
12
Q:
And did Ms. Patricia Driscoll contact you?
13
A:
Yes.
14
Q:
About what time would you say that was?
15
A:
Roughly around 10 o'clock or so.
16
Q:
Were your children still up?
17
A:
One of them was awake and two were asleep.
18
Q:
And what happened exactly?
19
A:
My wife and I, and one of my children were
20
in the back bedroom watching television.
21
couch upfront was another--one of my children was asleep,
22
and my other kid was awake.
23
knock on the door, Patricia and Houston [phonetic] were
24
there.
On the foldout
And that's when we got a

Phone: 212-346-6666 *Fax: 888-412-3655
12
Q:
All right.
Let me just--I'll take you
through question and answer, if I can?
A:
Sure.
Q:
And would you describe each of them as you
observed them when you went to the door?
A:
Yeah, when I opened the door,
I noticed
that Patricia was crying and that she was upset.
was very somber, very quiet, and had his head down.
Q:
10
Okay.
Houston
And by the way, before this
morning, had you and I ever met?
11
A:
No.
12
Q:
Had you had conversations or contact by
13
Mr. Yarborough [phonetic] in my office?
14
A:
In your office?
15
Q:
Or no,
16
from my office.
Had you ever had
contact with Mr. Yarborough, who is sitting here--
17
A:
[Interposing] Yes, yeah.
18
Q:
All right.
20
A:
No.
21
Q:
Okay.
22
A:
Yes.
23
Q:
Let me go back now to that particular
19
24
But had you and I ever met or
talked?
night.
Did we meet this morning?
Could you tell--how would you describe the

Phone: 212-346-6666 *Fax: 888-412-3655
13
overall demeanor of Houston?
A:
Houston was--he was very quiet.
say really hardly anything.
pretty much minding to himself.
He didn't
He had his head down and was
Q:
Okay.
A:
I wouldn't say he was not crying, but it
Did he appear to be crying?
was really hard to tell.
He may have had a tear running
down his face, but it was very quiet, head down--
Q:
[Interposing] Because his head was down?
10
A:
--to himself, yeah.
11
Q:
All right.
12
And what did Ms. Driscoll say
when you came to the door?
13
A:
Well, I immediately asked her if she was
14
okay, and she said, no.
15
us,
So since my wife was there with
I invited them to come inside.
16
Q:
Okay.
17
A:
I sat her down and--at a little table that
So what'd you do then?
18
is in the bus, for eating.
19
awake to the back bedroom, along with Houston, so they
20
could watch a show back there.
21
Q:
All right.
We moved my kid that was
And then during the time that
22
you--when she moved into the living room there at the
23
table, was it well lit?
24
A:
Yeah, I mean, the lights were on.

Phone: 212-346-6666 *Fax: 888-412-3655
It was
dark outside.
2
3
Q:
It was night, but the lights were-[Interposing] But inside the motor home,
was it well lit?
A:
Yes.
Q:
All right.
And then what happened once
you got Houston to the back?
14
A:
going on.
Well, we just began to ask her what was
We just said, hey, what's going on?
Q:
What did she say?
10
A:
She said that she had been texting with
11
Kurt and was concerned about him, and that she drove over
12
from D.C. or from wherever she lives.
13
drove over and that they got into an argument, and then
14
she came over to the bus.
15
16
17
Q:
And she said she
Did she tell you what happened--her
version of what happened during the argument?

A:
Yeah, after we got to that point, she told
18
me that after they got there, they got in an argument.
19
That was about all she said.
20
the incident.
And then she told me about
21
Q:
What did she say?
22
A:
She said that Kurt grabbed her by the neck
23
24
and pushed her back up against the wall.

Q:
Okay.
She didn't say anything about him

Phone: 212-346-6666 *Fax: 888-412-3655
15
slamming her against the wall three times?
A:
No.
Q:
And when she said he grabbed her by the
neck and pushed her up against the wall, what did she say
then?
A:
That was it.
Q:
Did she say anything about her neck?
A:
She said her neck hurt, and this back part
of her neck, lower head.
10
Q:
Did she ask you to look at her?
11
A:
She did.
12
Q:
What'd she say?
13
A:
She asked my wife and I, did we see any
14
marks on her, or any redness, or any scratches, or
15
anything of that nature.
16
Q:
And did you lean forward to look?
17
A:
Yeah, my wife leaned over the table, and I
18
leaned in to look as well.
19
Q:
And what did you see?
20
A:
We didn't see anything, any redness or
22
Q:
So what did you tell her?
23
A:
My wife told her that we didn't see
21
24
anything.
anything--

Phone: 212-346-6666 *Fax: 888-412-3655
MS. CAROLYN M. MCNEICE, ESQ.:
MR. HARDIN:
It's all part there of that res
gestae--
THE COURT:
MS. MCNIECE:
response, Mr. Hardin.
MR. HARDIN:
Objection.
Hearsay.
16
[Interposing] Okay.
I'm sorry.
I did not hear your
I didn't hear it.

It is all part of a particular res
gestae of the offense.
10
THE COURT:
Well, certainly, I won't consider
11
the utterance of Ms. Terry unless she's scheduled to be
12
here as a witness, for the truth of the matter that she
13
asserted.
14
observed and didn't observe.
15
Terry's utterance for the truth of the matter that was
16
asserted, unless she is here to testify.
This witness can testify about what he

But I won't consider Ms.
17
MS. MCNIECE:
18
MR. HARDIN:
19
THE COURT:
20
Q:
And then what did you say?
21
A:
There was no need for me to say that I did
22
Thank you.
That's fine.
Mr. Hardin?
or didn't see anything on her.
23
Q:
Why is that?
24
A:
Because my wife had already stated that.

Phone: 212-346-6666 *Fax: 888-412-3655
17
Q:
And did you see any marks on her at all?
A:
No.
Q:
So at the time, can you estimate the--did
she tell you how long--what time she got there, to his
place?
A:
She didn't give me an exact time, but it
was a very short amount of time that she got there, from
the time she got to our bus.
9
10
Yeah, how far away was your motor home
A:
I don't know exactly where they were
from his?
11
12
Q:
parked, but probably 50-to-100 yards,
13
Q:
How certain are
you--~n
I would guess.
a matter of
14
minutes after this event, how certain are you that you
15
saw absolutely no marks on her neck?
16
A:
I'm certain that I didn't see anything.
17
Q:
And did you look carefully?
18
A:
Yes.
19
Q:
And did you tell her--after your wife said
20
she didn't see anything, what did she say, meaning
21
Patricia?
22
23
24
A:
Nothing.
That was the end of that
conversation.
Q:
After you looked at her and didn't see

Phone: 212-346-6666 *Fax: 888-412-3655
18
anything on her neck, what happened next?
She said her neck was hurting, and my wife
A:
offered her Ibuprofen and a pack of frozen vegetables for
her neck ..
Q:
Okay.
A:
Yes.
Q:
And then how much longer did she stay
A:
Maybe 30-to-45 minutes after that.
10
Q:
And what was the conversation generally
11
And so did she take those?
there?
after that?
12
A:
Really just listening to her talk about
13
just the emotion of--just that she was feeling in general
14
about, you know, I
15
had drove over there, and said she was blaming herself
16
and things of that nature.
17
18
know she said she felt guilty that she
And what do you mean, she said she was
Q:
blaming herself?
19
A:
Well, she said it was my fault,
I drove
20
over here.
21
gave her was to either go back home or to go to a hotel
22
for the night.
23
24
And we just listened and the only counsel we
Q:
Now, in your practice, do you attempt, one
way or the other, to sort through one side or the other

Phone: 212-346-6666 *Fax: 888-412-3655
19
of a story, when a person is telling you about something?
Sort of explain what your practice is about counseling,
in other words.
A:
Yeah, I mean, I never question anybody
that brings anything to me that says anything about any
particular situation.
is not to make judgment on whether anything anybody says
to me is right or wrong.
care for them the best that I can.
10
I feel that my job as a chaplain
It's my job to listen and to
Q:
And was that what you were doing that
12
A:
Absolutely.
13
Q:
Does your wife ever participate with you
11
14
night?
in visiting with people that come to you over situations?
15
A:
Sometimes.
16
Q:
All right.
And in this particular case,
17
did you have any further conversations, other than what
18
you just mentioned, or contact with Houston?
19
A:
No, not with Houston.
20
Q:
Did Houston ever come out of the bedroom
21
that night, before they left?
22
A:
He did.
23
Q:
And do you remember that and what do you
24
remember about it?

Phone: 212-346-6666 *Fax: 888-412-3655
20
A:
He came out about halfway through our time
together, and he asked if Kurt was going to be okay, and
that was the only question he asked that night.

Q:
4
5
Did he say anything about Kurt ever having
done anything to his mother?

That's the only thing he said--
A:
MS. MCNIECE:
[Interposing] Objection.
Hearsay.
THE COURT:
Well, I think the answer is that he
10
didn't say anything, so that objection will be overruled,
11
to that extent.
12
MR. HARDIN:
13
Q:
All right.
Now, during the period of time that she
14
was there, do you recall making any recommendations to
15
her, or suggestions about where she should go or
16
anything?
17
A:
Yes.
18
Q:
How did that--
19
MS. MCNIECE:
20
and answered.
21
either to a hotel--
22
23
24
He already said he advised her to go
THE COURT:
[Interposing] I'll allow the
witness to answer.
Q:
Asked
What did you tell her?

Phone: 212-346-6666 * Fax: 888-412-3655
A:
21
Yeah, we said, we could either help you
get to a hotel tonight, if you need help doing that, and
get you set up for the night, or either we would counsel
you to drive home for the evening.
Q:
All right.
Now, when you were visiting
with her that night, after you finished 45 minutes or so,
or an hour--the total time she was in your trailer, you
would say is about how long?
A:
I would say about 45 minutes.
10
Q:
And by the time she left, did you see any
11
bruises or any redness on her neck then?
12
A:
I did not.
13
Q:
When she left, did--and when she left with
14
Houston, what time of night would you expect that to have
15
been?
16
17
A:
10:45 or 11 o'clock, somewhere around
Q:
Okay.
there.
18
Now, at some time last year, were
19
you contacted by Mr. Yarborough, that I asked you about
20
earlier?
21
A:
I was.
22
Q:
And did you talk to him over the phone?
23
A:
I did.
24
Q:
And were you aware that there were

Phone: 212-346-6666 * Fax: 888-412-3655
hearings in this case in December of last year?
A:
I was.
Q:
Did we attempt to get you to come as a
22
witness then?
A:
You guys asked me if I would come.
Q:
And what was your position?
A:
I said, no.
Q:
All right.
A:
Well, mainly because I didn't want to pick
And why did you say no?
10
a side.
11
but I wanted to support both of them, the best I could.
12
13
I didn't want to support Kurt or support her,
Q:
All right.
to stay out of it, if you could.
14
A:
Yes,
15
Q:
All right.
16
And so basically, you wanted

Is that true?
I do.
Now, obviously, you arrived
today at our request, correct?
17
A:
Yes.
18
Q:
And why did you change your mind and
19
20
decide to come in?

A:
Well, because you guys shared some
21
information with me about things that were said in here
22
under oath, that were not true, about me, things that I
23
did not say--
24
THE COURT:
[Interposing] Excuse me.

Phone: 212-346-6666 *Fax: 888-412-3655
MS. MCNIECE:
THE COURT:
23
Excuse me.
My understanding, counsel, is at
the beginning of this proceeding, the witnesses were
sequestered.
shared with the witness, things that other witnesses said
in the proceeding?
This witness is now telling me that counsel
MR. HARDIN:
We shared with him, testimony in
the trial.
He was never sequestered.
10
That's what it is.
MS. MCNIECE:
And he was not a witness.
I have to object on that basis.
11
Also, I'm not sure if in fact,
12
that, or another member of his staff.
13
talking about a Mr. Yarborough, and I don't know who that
14
is.
15
MR. HARDIN:
16
THE COURT:
17
MS. MCNIECE:
18
it.
THE COURT:
20
MR. HARDIN:
Well, we just pointed him out.

Mr. Yarborough is-[Interposing] I thought that was
--his--the assistant is present.

Your Honor, if I may?
May I be
heard on it--
22
THE COURT:
23
MR. HARDIN:
24
For instance, he's
I've never been introduced to him--
19
21
it was Mr. Hardin who said
[Interposing] Yes, you may.

He was given testimony that was
given in open court, to review to see if it was accurate

Phone: 212-346-6666 *Fax: 888-412-3655
as to what he said.
we bribed and that we threatened.
entitled to inquire of that witness, if that is in fact
sortreth.ing t.hat. happened.
credibility.
and that we bribed her--bribed him.
witness.
This is the witness, she said, that

Now, I am surely
And it goes directly to her
She swore under oath that we threatened her

And he was never a
He had declined to be a witness.

THE COURT:
24
though, Mr. Hardin.
Well, here's the distinction

The distinction is--well, I think
10
one thing that we're going to need to get into with the
11
witness is the extent to which testimony that was
12
presented in court was disclosed to the witness in
13
anticipation of the witness being a witness in the
14
proceeding.
15
Hardin, whether the witness is someone who you've
16
identified somehow, pretrial, or whether the witness is
17
someone who you decided to call as a witness at some
18
point in time during the proceeding.
Because it doesn't really matter, Mr.
19
We're going to have to determine the extent to
20
which sequestration may have been violated, and then the
21
Court is going to have to make a determination with
22
regard to what to do as it relates to the witness'
23
testimony.
24
voir dire the witness as it relates to any sequestration
So I'll allow--Ms. McNeice, if you wish to

Phone: 212-346-6666 * Fax: 888-412-3655
violation, I'll allow you to do that.
make a determination with regard to how to proceed.
25
And then we'll
Or, Mr. Hardin, if you wish to preliminarily
begin the voir dire about what testimony was shared with
the witness--
MR. HARDIN:
[Interposing] Well, what I was
going to do, and I think it'd be for the ease of the
Court and for the other side, I've made copies of the
excerpts of the transcript, the official transcript that
10
he was sent.
11
this, to ask if this accurately reflected what he had
12
said and what had happened.
13
that I can give Defense and you, and he can look at to
14
identify whether this is what he received from us.
So that the Court understands, he was sent
And I've got copies here
15
THE COURT:
16
MR. HARDIN:
17
sort of start thinking about--
18
THE COURT:
Okay.
And then you will have a basis to
[Interposing] All right.
What I'll
19
do is, I'm going to recess, so that you can share those
20
transcripts with Ms. McNeice.
21
see whether or not there's some sort of application as it
22
relates to the witness' testimony, based on the
23
sequestration violation that is alleged, at least.
24
MS. MCNIECE:
Ms. McNeice, then we'll
Your Honor, before you take a

Phone: 212-346-6666 *Fax: 888-412-3655
26
recess, I'd like to present to the Court, he's called
this an official transcript.
official transcript.
prepared by any court reporter.
that has used the recordings of this Court.
THE COURT:
MALE VOICE:
THE COURT:
This is not indeed, an
It is not a transcript that's been

It is not--or any person
Okay.
That's incorrect.
Okay.
Well, I do have a transcript
in my file, so I'm assuming that that--
10
MALE VOICE:
[Interposing] Yeah--
11
MR. HARDIN:
[Interposing] It is.
12
MALE VOICE:
We ordered it, and it is the
13
official transcript.
14
THE COURT:
15
transcript ordered by someone.
16
relevant is that it is what was shown to the witness,
17
allegedly.
18
violation or an alleged sequestration violation, we need
19
to make a determination with regard to the extent to
20
which any alleged sequestration violation may have
21
infected the witness' testimony.
22
I'm assuming that there was a

But in any event, what's
And when we're talking about a sequestration
And so I'll allow you to review that portion of
23
the transcript, which apparently, it must be an official
24
transcript or it wouldn't have landed in my file.

Phone: 212-346-6666 *Fax: 888-412-3655
So
I'll allow you to review that and we'll take a recess.
And let the Court know when you're ready and we'll have
voir dire as it relates to - -
[Background Noise]
MS. MCNIECE:
THE COURT:
FEMALE VOICE:
[END 436261 20150112-0910 PART1.WMA]
[Whereupon, a recess was taken.]
Thank you.
We're in recess.
All rise.
10
[END 436261_20150112-0955 PART2.WMA]
11
MS. MULLINS:
12
Family Court back in session.
Please be seated.
13
THE COURT:
All right.
Good morning again,
14
everyone.
15
review the transcript that Mr. Hardin had referenced
16
previously, about the testimony in this proceeding that
17
had been shared with the witness.
Ms. McNeice, you've had an opportunity to
18
MS. MCNEICE:
19
THE COURT:
Is that correct?
That's correct, Your Honor.

Okay.
And do you have some
20
application based upon the transcript that you've been
21
given?
22
27
MS. MCNEICE:
Yes, I am first not familiar with
23
the reporting and transcription service that is listed on
24
the bottom of this.
I'm only familiar with transcription

Phone: 212-346-6666 *Fax: 888-412-3655
28
services in Delaware that are used by this Court.
my first application, is that, in fact, this is not an
official transcript, but rather was completed through
some recording device that Mr. Hardin secured.
That's
My second application is that this witness has
been approached and provided with a segment of testimony
that is part of two days' worth of extensive testimony
presented, not just by my client, but by many other
witnesses.
I would suggest to the Court that his
10
testimony has been tainted.
11
snippets material taken out of context.
12
apparently, these materials through a screenshot, rather
13
than actually provided with a piece of paper that we
14
generally refer to as a transcript that is a formal
15
presentation of the testimony.
16
17
18
He has been provided with

He was sent,
And on that basis, I would suggest that his

testimony should be stricken in its entirety.
THE COURT:
Mr. Hardin, I will certainly--I
19
haven't seen yet, the portion of the transcript that was
20
provided to Mr. Terry, and so obviously, I'll need to
21
review that.
22
both parties to voir dire the witness, as it relates to
23
the transcript that was shown to the witness, and the
24
impact that may have had on the witness' testimony.
As well as, I will allow either party or

Phone: 212-346-6666 *Fax: 888-412-3655
So I will take a look at the pages.
29
I do have
an official transcript in my file.
we have proceedings transcribed is, we actually--when a
party pays for them, we send the tape-recording of these
proceedings off to a transcription service.
where they're located now.
North Carolina.
transcribes the proceedings for us, and that's how we
make an official court transcript.
10
11
Ms. McNeice, the way
I don't know
They used to be located in
And the transcription service
And there appears to
be one in my file.
We don't allow recording devices in our
12
courtrooms, so we don't allow people to independently
13
tape record what happens here.
14
-well, I can't assume--
15
MR. HARDIN:
16
THE COURT:
And so I'm just going to-
[Interposing]
If I may--
What I can do is, I can compare
17
what Mr. Hardin presents to the transcript that I have in
18
my file, to see if it's authentic.
19
MR. HARDIN:
20
THE COURT:
21
MR. HARDIN:
If I may, Your Honor?

Sure.
What I would propose is, I can
22
show--I've marked as Respondent 12, the excerpt that we
23
say that we sent.
24
THE COURT:
Uh-huh.

Phone: 212-346-6666 * Fax: 888-412-3655
MR. HARDIN:
And for your reference, to see if
it's accurate, once we tender it to you, it's Pages 182
and 183 of the first day.
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
10
Okay.
Uh-huh.
This witness had made it clear
that he was not going to be a witness in the case.

THE COURT:
Yeah, I think I've heard the
witness' testimony.
12
the presence of the witness--
14
Thank you.
And then for the record, if I
11
13
All right.
could make a proffer, if it's okay with the Court?
30
MR. HARDIN:
for the record.
I don't need any further proffer in
[Interposing] I just wanted one
Yes, sir.
15
THE COURT:
16
MR. HARDIN:
Okay.
And then because--depending on the
17
Court's ruling.
18
that it was--this excerpt of two pages was sent to him on
19
January the 8th of this year.
20
THE COURT:
21
MR. HARDIN:
And then you will see on this exhibit,
Uh-huh.
And you will see on this exhibit,
22
his response to us.
23
that time, he was not a witness.
24
were trying to persuade to be a witness, but we had been
And so what I would propose--and at

He was somebody that we

Phone: 212-346-6666 *Fax: 888-412-3655
31
unsuccessful in doing so.
THE COURT:
Well, we can get to that point when
the Court determines whether to make a ruling.
someone is a potential witness, they are subject to
sequestration, just as much as someone is on some
official witness list.
Delaware.
8
9
If
We don't sort of do that here in
We don't limit the witnesses that you can call,

by placing people on a list of witnesses, and it's fair
10
game to share testimony with people who aren't on that
11
list, but not with people who are.
12
potential witnesses are sequestered, and therefore, it's
13
not appropriate to share the transcription of testimony
14
with potential witnesses.
15
MR. HARDIN:
If I may?
In Delaware, all
If the Court--what you
16
will see is, this is specifically asking him if things
17
said about him, and that he said were true.
18
THE COURT:
19
MR. HARDIN:
Uh-huh.
If you recall, what you'll see
20
there, this has to do with whether or not we had bribed
21
him or whether we had threatened him.
22
THE COURT:
23
MR. HARDIN:
24
Uh-huh.
Obviously, as you know, we have an
obligation to pursue and find out whether that is true or

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32
not, and to see what his reaction is to that, because
that was the first time we had ever heard that.
swore under oath, that was true.
THE COURT:
MR. HARDIN:
She
Uh-huh.
We believed then and are certain
now, that was perjury.
We had an obligation to check
into that.
way, rather than us just talking to him, is to show him
exactly what was said and ask if that is true.
And the only--the easiest and most accurate
It is
10
then that he informed us, it was not.
11
tell you one way or the other, in his mind, why he ended
12
up here.
13
And then he can
But that is what--and at the time he showed--he
14
was--I think under the law, Your Honor, in all due
15
respect, I'm not aware of any case that says a witness
16
cannot be asked if testimony about him is true or not,
17
which is what this was.
18
THE COURT:
Well, a witness can be asked to
19
deal with subject matter, but once witnesses are
20
sequestered, there's an order that says that they can't
21
be present or have disclosed to them, anything that's
22
been said in court.
23
24
And so we'll deal with this.
But first and foremost,
I think what we've got
to deal with is, what was disclosed to the witness?

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33
VOIR DIRE OF N. TERRY BY R. HARDIN
MR. HARDIN:
How about if I show that to him
now?
THE COURT:
I'll take a look at that.
referencing the pages here.
standing.
once we hear from the witness--
MS. MCNEICE:
And I'm
Ms. McNeice, you're
I'm assuming that you'll have an application
[Interposing]
I will, thank you.
I--
THE COURT:
10
MS. MCNEICE:
11
MR. HARDIN:
12
VOIR DIRE BY
13
MR. RUSTY HARDIN
14
Q:
[Interposing] Okay,
Thank you.
--will wait.
And if I may?
My question to you, sir, is if you'll look
15
at that and see if that appears to be an accurate copy of
16
what was forwarded to you by email, Respondent's 12?
17
A:
Yes, it is, yes.
18
Q:
Okay.
19
MR. HARDIN:
20
THE COURT:
May I tender it to the Court?

Sure.
Thank you.
All right.
If
21
you have questions of the witness as it relates to this,
22
I'll allow you to ask him.
23
MR. HARDIN:
24
Q:
Thank you very much.
Now, Mr. Terry, my question to you was--

Phone: 212-346-6666 *Fax: 888-412-3655
let me take you back in reference.
that you had originally not intended to appear as a
witness.
34
You had testified
Is that correct?
A:
That's right.
Q:
And at the time that you received this
email that is Respondent's 12, I just showed you, at that
time, did you intend to be a witness?
A:
No.
Q:
And had you informed us at that time, that
10
you didn't--that you were respectfully declining to be a
11
witness.
12
A:
Yes.
13
Q:
Okay.
14
For the reasons that you gave the
Court earlier.
15
A:
Yes.
16
Q:
All right.
Now, at any time, did we
17
suggest to you, what you should say or try to get you to
18
say anything?
19
A:
Absolutely not.
20
Q:
After you received that particular bit of
21
testimony, Respondent's 12, that she has been given, what
22
was your reaction to it when you saw it?
23
24
A:
Well, my immediate reaction was, it was
not true.

Phone: 212-346-6666 *Fax: 888-412-3655
35
Q:
THE COURT:
And so did that have any impact on your-[Interposing] Your reaction, sir,
was that what was not true?
MR. TERRY:
Q:
THE COURT:
Q:
What was stated in the reporting.
Let me be more specific with you-[Interposing] Okay.
Let's start with 182.
reflects--well, let's go back.
There's a question on Line 8.
You--
On Line 13, it
Let me go back before.

Could you tell me who we
10
have supposedly threatened or bribed?
11
said, you named some of my staff members, and do I know
12
these people.
13
did we threatened?
14
[phonetic].
15
Terry.
16
true?
In answer, she
And the question on Line 12, which ones

And the answer was Matt Ballard
You also threatened the preacher, Nick
I was on the phone with him last night.
Is that
Did we ever threaten you?
17
A:
No, you did not.
18
Q:
And question, we threatened him?
Answer,
19
yes, you did, and then you also bribed him and tried to
20
get him to change his story.
Is that true?
21
A:
You did not bribe me, no.
22
Q:
Did we try to get you to change your
A:
No.
23
24
story?

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Have you always told us the same thing?
A:
Yes.
THE COURT:
All right.
36
Sir, in what respect
did th-e':.'',di.sclosure of this cause you to change your mind
with regard to whether you wished to be a witness in this
proceeding or whether you wished to remain neutral in
this matter, as you've stated previously?
8
9
MR. TERRY:
Yeah, the difference in that was
after reading that, what I wanted was for the
10
Commissioner or the Judge to hear from me directly, to
11
have my testimony, to be able to make fair judgment.
12
THE COURT:
Okay.
And, sir, did you actually
13
have a conversation with Ms. Driscoll, the night before
14
the proceeding, that she was discussing in this
15
testimony?
16
MR. TERRY:
Yeah, uh-huh, yes, sir.
17
THE COURT:
So you did have that conversation
19
MR. TERRY:
It was the Sunday before, yes, sir.
20
THE COURT:
Okay.
21
MR. HARDIN:
18
22
with her?
just for the Court.
23
24
Which was not the night before,
THE COURT:
Tuesday.
Right, the proceeding began on a
So you had a conversation with Ms. Driscoll,

Phone: 212-346-6666 *Fax: 888-412-3655
37
the Sunday before the proceeding began.
MR. TERRY:
Yes, sir.
THE COURT:
All right.
Dr:iosc.o~,l
with Mr. Busch and his counsel?
in that conversation, discuss your interactions
MR. TERRY:
And did you and Ms.
The only thing she said that--was
that she heard that I was coming up here, and I told her
that I was not.

THE COURT:
10
Uh-huh.
And did you discuss with
Ms. Driscoll, why you were not coming?

MR. TERRY:
11
I did, yeah, I told her the same
12
thing that I shared with the Court, was that, I was not
13
going to pick a side, him or her, to support through this
14
process.
15
THE COURT:
Okay.
So the part of the testimony
16
that's not true, that you're telling the Court about, is
17
that--is the part about being threatened by Mr. Hardin's
18
firm or Mr. Busch's defense counsel, and that they bribed
19
you and tried to get you to change your story.
That's--
20
MR. TERRY:
[Interposing] That's right.
21
THE COURT:
That's the part that's not true.
22
MR. TERRY:
Yes, sir.
23
24
They've been very
professional and respectful the whole time.

THE COURT:
Okay.
And so did you have any

Phone: 212-346-6666 *Fax: 888-412-3655
38
conversation with Ms. Driscoll, to the effect that things
like that had occurred, in your conversation with her?
MR. TERRY:
I told her that they approached me
and asked me if I would come, yes.
THE COURT:
Okay.
As part of your conversation
with Ms. Driscoll, did you discuss whether or not you had
been threatened or bribed by Mr. Hardin's office or
anyone on behalf of Mr. Busch?
MR. TERRY:
No.
10
THE COURT:
Okay.
All right.
And you didn't
11
have that discussion or you told her that that hadn't
12
happened?
13
14
MR. TERRY:
No, we did not have that
discussion.
15
THE COURT:
Okay.
All right.
Mr. Hardin, did
16
you have further questions of the witness as it relates
17
to this--
18
MR. HARDIN:
19
THE COURT:
20
Q:
21
MS. MCNEICE:
Okay.
All right.
I want to ask you--
22
just might clarify?
23
this continued--
24
[Interposing] I do, Your Honor.
THE COURT:
[Interposing] Excuse me.
If I
Is this by way of voir dire or is
[Interposing] This is voir dire.

Phone: 212-346-6666 *Fax: 888-412-3655
VOIR DIRE OF N. TERRY BY R.
HARDIN
No, we're not continuing the testimony at this point.
We're just voir diring the witness at this point--
MS. MCNEICE:
MR. HARDIN:
Q:
39
Thank you.
Oh, I'm sorry.
I misunderstood.
On the particular--when you had the
conversation with her, the Sunday before the hearing
started in December, which was on a Tuesday, was that by
phone or by text?
A:
By phone.
10
Q:
Okay.
11
And had ya'll texted any--had she
initially texted you before that phone conversation?
12
A:
She had texted me, asking me if I could
13
call her.
14
party and told her that I'd call her later that
15
afternoon.
16
17
And we were having my daughter's birthday
Q:
happened?
And so that's how the conversation
You returned her call on that Sunday?
18
A:
Yeah.
19
Q:
How long would you estimate that ya'll
21
A:
Five minutes, maybe.
22
Q:
Now, reading this, that you wrote--that
20
talked?
23
you were sent, Pages 182 and 183 of the transcript, would
24
your testimony have been the same before you got it than

Phone: 212-346-6666 *Fax: 888-412-3655
40
after you got it?
A:
Yeah, it's been the same, yes, sir.
Q:
I understand that you've given a reason as
to why you decided to come to court, but has that--did
those two pages you received have anything to do with
what you're saying?
A:
No.
Q:
Do you understand what I mean?
In other
words, you've explained that it impacted your decision to
10
come tell the Judge, so he would have the full story,
11
correct?
12
A:
Yes, yeah.
13
Q:
But what you're telling him is that it's
14
the same that you would have said, if you had come before
15
you ever received it.
16
A:
Yes, it's the same.
17
Q:
All right.
Was your decision simply--was
18
the impact of these two pages simply that it made you
19
decide that you wanted to make sure the Judge knew the
20
whole story, but not--it didn't affect the impact--
21
22
MS. MCNEICE:
Leading.
23
MR. HARDIN:
24
Q:
Excuse me.
--the accuracy of what you were saying?

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41
A:
my testimony.
Q:
.A:
Yes, that's why I wanted the Judge to hear
Why is that?
So that he could make a fair judgment on
what happened.
Q:
MR. HARDIN:
That'~
THE COURT:
Ms. McNeice, do you wish to voir
dire the witness further?
11
MS. MCNEICE:
I do.
12
and review the document that--
13
THE COURT:
14
document that's been admitted?

MS. MCNEICE:
16
THE COURT:
17
[Background Noise]
18
THE COURT:
MS. MCNEICE:
21
MALE VOICE:
22
MS. MCNEICE:
24
May I approach
Yes, if I-Certainly.
I have the official transcript.
can refer to those pages.
20
23
Thank you.
[Interposing] Do you want the
15
19
all I have on the voir
dire.
10
All right.
Is this all - - yours?

Yeah, is it in your way?
No, I didn't know if you needed
it-[Crosstalk]
Phone: 212-346-6666 *Fax: 888-412-3655
42
VOIR DIRE OF N. TERRY BY C. MCNEICE
1
2
MS. MULLINS:
You need to keep the
microphone--
3
4
Okay.
MS. MCNEICE:
Thank
you.
VOIR DIRE BY
MS. CAROLYN MCNEICE
Q:
Mr. Terry, I'm going to review this
document.
of what we call a screenshot.
And again, this was sent to you in this form

Is that what you recall?
10
A:
Yes, ma'am.
11
Q:
And you received it as an email, correct?
12
A:
As a text.
13
Q:
As a text on, it appears to be, January
15
A:
Yes, ma'am.
16
Q:
Do you recall receiving that?
17
A:
Yes, ma'am.
18
Q:
And do you recall a phone call from
14
8th?
19
someone--well, excuse me, strike that.
20
phone call from someone in Mr. Hardin's office, prior to
21
receiving this text?
Did you receive a
22
A:
Any time prior to?
23
Q:
No, on January 8th, prior to receiving
24
this text.

Phone: 212-346-6666 *Fax: 888-412-3655
A:
No.
Q:
So they sent it to you.
A:
Yes.
Q:
Without any warning that it was coming.
A:
Yes.
THE COURT:
referred to they.
you?
Specifically, sir, Ms. McNeice has
Can you tell me who sent that text to
MR. TERRY:
Mr. Yarborough.
10
THE COURT:
Okay.
11
Q:
12
Mr. Yarborough to be?
13
14
43
Thank you.
And who is it again, that you understand
THE COURT:
Had you ever met Mr. Yarborough
before today, sir?
15
MR. TERRY:
Not in-person, no,
17
THE COURT:
Okay.
18
MR. TERRY:
In-person--
19
THE COURT:
[Interposing] Did someone introduce
16
20
just over the
phone.
Did you meet him today?
themselves to you as Mr. Yarborough?
21
MR. TERRY:
Yes, sir.
22
THE COURT:
And is that person here?
23
MR. TERRY:
Yes, sir.
24
THE COURT:
Okay.
Could you point him out?

Phone: 212-346-6666 * Fax: 888-412-3655
MR. TERRY:
Yes, sir, right here.
THE COURT:
Okay.
Q:
Thank you.
Do you recall the number of times you
spoke with Mr. Yarborough prior to receiving this text?
A:
Twice verbally over the phone.
Q:
Okay.
phone calls?
A:
I do not exactly, no.
Q:
Would it have been after you spoke with
10
44
Do you remember the dates of those
Ms. Driscoll concerning the pending trial?
11
A:
No, it was before that.
The first phone
12
call that I got from Mr. Yarborough was--I don't know the
13
exact date, but probably the second-to-third week in
14
November.
15
Q:
That's November 2014, of course.
16
A:
Yes, ma'am.
17
Q:
On the back of this collection of papers
18
referencing the screenshot of Pages 182 and 183, there is
19
a--there is some information.
20
A:
Uh-huh, yes, ma'am.
21
Q:
Have you read this today, sir?
22
A:
I read it just a few minutes ago.
23
Q:
Okay.
24
A:
That was my response to Mr. Yarborough.
And this represents what?

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
And who is Jim?
A:
Jim Yarborough.
Q:
Okay.
A:
The same day on the 8th.
Q:
Okay.
You said you--what day did you send
this?
You said, I'm at a conference in
Alabama and traveling home this afternoon.
A:
Yes, ma'am.
Q:
And your home is in North Carolina, sir?
10
A:
Yes, ma'am.
11
Q:
When did you arrive in Delaware to
12
45
participate in this trial today?
13
A:
Last night--actually, early this morning,
14
we landed in Philadelphia about midnight, and then drove
15
down here.
16
Q:
Who's we, sir?
17
A:
Me and my boss, president and CEO of Motor
18
Racing Outreach, Billy Mauldin.
19
Q:
And is he here today?
20
A:
Yes, ma'am.
21
Q:
Is he in this courtroom right now?
22
A:
Yes, ma'am.
23
Q:
And did you speak with Kurt Busch prior to
24
your testimony here today?

Phone: 212-346-6666 *Fax: 888-412-3655
46
A:
No.
Q:
I'm sorry.
A:
No, rna' am.
Q:
And did you fly--what--how did you fly?
A:
[Interposing] We flew commercial.
Q:
And what was that, sir?
A:
We flew a commercial flight out of
10
Q:
Specifically, what was the name of that
11
flight or the airline?
12
A:
u.s.
13
Q:
And who paid for that flight,
14
A:
Motor Racing Outreach.
15
Q:
And who paid for your room?
16
A:
Motor Racing Outreach.
17
Q:
You--strike that.
18
What--
Charlotte.
Airways.
Is your wife here
No, ma'am.
A:
20
MS. MCNEICE:
22
sir?
today, sir?
19
21
With regard to this trial?
I have nothing further on voir
dire.
THE COURT:
Mr. Terry, I have just a few more
23
questions of you.
As part of this transcript that--this
24
is a transcript of--obviously of Ms. Driscoll's

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47
PROCEEDINGS
testimony, as you understand it.
that you had advised Ms. Driscoll that someone, on behalf
of Mr. Busch, had offered financial assistance.
Did you have any discussion with her, as it related to
whether you had been offered financial assistance by Mr.
Busch or anyone on his behalf, you or your organization?
MR. TERRY:
No.
THE COURT:
Okay.
10
11
12
13
14
There's an allegation
Okay.
To your knowledge--do you
have any knowledge regarding who financially supports

your organization?
MR. TERRY:
Yeah, we're supported by the NASCAR
community members.
THE COURT:
Okay.
And do those community
members include Mr. Busch?
15
MR. TERRY:
They could, yes.
16
THE COURT:
Okay.
Do you have any direct
17
knowledge of whether or not Mr. Busch or anyone on his
18
behalf has provided financial support to you or your
19
organization?
20
MR. TERRY:
I have no idea.
21
THE COURT:
You don't have any idea because you
22
don't take care of that?
23
MR. TERRY:
That's right, yes, sir.
24
THE COURT:
All right.
Thank you, sir.

Phone: 212-346-6666 * Fax: 888-412-3655
All
48
right.
I'll hear argument.
other questions of the witness on voir dire, I'll hear
argument as it relates to the application regarding the
witness' .testimony--
5
6
MR. HARDIN:
Mr. Hardin, unless you have
[Interposing] Well, I just want to
be clear.
VOIR DIRE BY
MR. RUSTY HARDIN
Q:
Is it true or untrue that Mr. Busch or
10
anybody on his behalf offered you any type of financial
11
assistance to come--
12
13
MS. MCNEICE:
MR. HARDIN:
15
THE COURT:
17
Asked
and answered.
14
16
Well, I just-[Interposing] I'll allow it to be
answered.
Q:
Did anybody on Mr. Busch's behalf, or Mr.
18
Busch, himself, offer you any financial assistance, or
19
your organization, to come here and testify?

No one has offered me anything.
20
A:
21
MR. HARDIN:
22
23
24
I guess for the purposes of voir
dire, that will do it.

THE COURT:
All right.
Thank you, sir.
Ms.
McNeice, anything further as it relates to argument on-Ubiqus/Nation-Wide Reporting & Convention Coverage
Phone: 212-346-6666 *Fax: 888-412-3655
49
PROCEEDINGS
MS. MCNEICE:
THE COURT:
MS. MCNEICE:
[Interposing] With regard---the testimony?

I'm sorry.
I thought you had
.4
completed those comments.
testimony, he indicated that he did not intend to
participate and did not intend to take sides for--after
apparently repeatedly telling Mr. Hardin's staff.
indicated that he talked to them twice prior to the trial
starting in December.
10
take sides.
With regard to this witness'
He's
He indicated that he would not
He was not going to testify.
My client's understanding that he had received
11
12
some offers in order to come, he's testified that that
13
was not--my client cast it as a bribe.
14
did not receive that and did not have that conversation
15
with her.
16
He said that he
I suggest to this Court that Mr. Hardin's staff
17
has overreached, has interfered with his client's
18
decision, and that his testimony should--is tainted by
19
what he's heard here.
20
snippet of two days ...
21
22
23
24
As I said, he's then given a
THE COURT:
It's okay.
You may continue.
That's just a conversation between counsel-MS. MCNEICE:

worth of testimony.
[Interposing] With two days'
Certainly, my client can discuss on

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50
PROCEEDINGS
rebuttal, what she recalls from their conversations.
I suggest that this testimony has been tainted and it
should be stricken.
THE COURT:
All right.
And
By the way, wherever
the exhibit is, it can be returned.
All right.
of the testimony that was presented to this witness was
not testimony that related to the actual facts and
circumstances surrounding the allegation.
10
I'm ready to rule.
Has it been?
Okay.
Fortunately, the portion
And to be honest, this whole sort of issue, as
11
it regards to whether or not Mr. Hardin's office had
12
attempted to bribe witnesses, really is not central to
13
the case, itself.
14
Mr. Hardin's trying to make, as it relates to Ms.
15
Driscoll's testimony and the credibility of that
16
testimony.
17
Obviously, I understand the point that
I'm not inclined to strike the witness'
18
testimony as it regards to what he did or didn't observe
19
and what did or didn't happen in his presence, as those
20
portions of Ms. Driscoll's testimony and the testimony of
21
any other witness were not shared with the witness, and
22
therefore, couldn't have infected the witness' testimony.
23
24
Obviously, the parties are now aware of the

Court's view of sequestration orders, and I would expect
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51
PROCEEDINGS
that they will act accordingly.
I'm not inclined to
strike this witness' testimony.
However, as this is a
very limited section of the official transcript--and I
have reviewed it and made sure that it is part of the
official transcript that was shared with the witness.

And according to the witness' testimony, that
6
7
impacted his decision to come here, but I can't see that
this testimony, in and of itself, other than improperly--
would--in other words, other than impacting the witness'
10
motivation would have impacted his testimony, itself.
11
I'm certainly capable of judging the
12
credibility of witnesses, and so I'm not going to strike
13
the witness' testimony.
14
MR. HARDIN:
15
THE COURT:
I will allow it to continue.

Thank you, Your Honor.
The standard, by the way, is
16
prejudice--and to be honest, exposure to this snippet of
17
the testimony is not a violation of a sequestration
18
order, that would have prejudiced this witness in terms
19
of exposing him to testimony with regard to the disputed
20
facts that are at issue in the case.
21
testimony will not be stricken and I'll allow his
22
testimony to continue.
23
24
MR. HARDIN:
might?
Thank you.
And so the witness'
Your Honor, if I
One thing I would point out when we talk about

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52
the significance of it is, if you look at Line 14 at 182,
she says, I was on the phone with him last night.
really answering what counsel was saying.
goes down on 16 and says, you also bribed him to try to
get him to change his story.
I'm
And then she
I think the clear testimony
testimony was that he had told her that, that night.
THE COURT:
Yeah, I can--I've read the
testimony, so I do understand what the transcript says.
For the purposes of--
10
MR. HARDIN:
11
THE COURT:
[Interposing]
I understand.
--the ruling that the Court's just
12
made, the witness' testimony can stand.
13
strike it because the testimony that was shown to him
14
wasn't really central to the testimony that he's
15
provided--
16
MR. HARDIN:
17
THE COURT:
18
19
20
MR. HARDIN:
--with regard to what he saw or
Thank you.
Let me move on.
just have a couple of other minutes.

DIRECT EXAMINATION
22
BY MR. RUSTY HARDIN
24
Thank you.
heard.
21
23
I'm not going to
Q:
I wanted to ask you the following
questions on another subject.
Do you recall when you

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53
were testifying about when she came in and you observed
no marks on her neck - -
MR. HARDIN:
Okay.
And I will refer the Court,
without telling the witness what it is, to Pages 191 and
192 of that transcript, for the following questions.
THE COURT:
MR. HARDIN:
8
9
Okay.
Hang on.
And this is going to be of the
second day.
THE COURT:
You can ask the witness questions
10
about what he did or didn't observe, sir.
11
reviewing the testimony and determining what was in the
12
testimony--
13
MR. HARDIN:
I'm capable of
[Interposing] I understand.
14
just thought it'd be easier if the Court knew what I was
15
getting at.
16
17
That's all.
THE COURT:
That's okay.
I'm capable of
relating it.
18
MR. HARDIN:
19
Q:
20
that her neck was red?
21
A:
No.
22
Q:
Did you ever say to her, yes, you and your
23
24
All right.
Did you ever tell Ms. Driscoll that night,
wife saw the red marks on her neck?
A:
No.

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54
Q:
If one were supposed to say they told me,
yes, they saw the red marks on my neck, would that be
true or untrue?
A:
MS. MCNEICE:
6
7
8
9
10
sorry.
No, that's not true-[Interposing] Objection.
I'm
I didn't understand this question.

THE COURT:
I understood it.
It's appropriate.
Objection is overruled.
MR. HARDIN:
That's all I
have, Judge.
11
THE COURT:
12
MS. MCNEICE:
13
CROSS-EXAMINATION
14
BY MS. CAROLYN MCNEICE
All right.
Ms. McNeice?
Thank you.
15
Q:
Good morning, Mr. Terry.
16
A:
Good morning.
17
Q:
You indicated that Motor Racing Outreach
18
is supported by members of the NASCAR community.
19
A:
Yes, ma'am.
20
Q:
And that could include Mr. Busch, correct?
21
A:
It could, yes.
22
Q:
And you also said you just don't handle
23
that end of the business, so you're not sure who's
24
putting money in the plate and who isn't.

Phone: 212-346-6666 * Fax: 888-412-3655
CROSS-EXAMINATION OF N. TERRY BY C. MCNEICE
A:
That's correct.
Q:
Okay.
As part of your ceremony--excuse
me.
fact request contributions for the--from the
participants?
As part of your service, before each race, do you in
A:
Yeah, we pass an offering basket, yes,
Q:
Okay.
THE COURT:
6
7
ma'am.
Sir, do your contributions
10
generally come in the form of just cash thrown in a
11
basket or?
12
13
MR. TERRY:
No, most of them are sent directly
to the office.
14
THE COURT:
Okay.
15
MR. TERRY:
Yes.
16
THE COURT:
Okay.
17
All right.
Thank you, sir.
You may continue.
18
MS. MCNEICE:
19
Q:
Where is that office, sir?
20
A:
It's in Concord, North Carolina.
21
Q:
Okay.
Thank you.
When Ms. Driscoll appeared at your
22
door on the night of September 26th, you said it was
23
about 10 o'clock?
24
55
A:
Yes, ma'am.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
for Mr. Busch.
Okay.
56
And she related to you, her concern
Were you surprised?
A:
I wasn't surprised or not surprised.
Q:
Had she come to you in the past about her
concern for Mr. Busch?
A:
Yes.
Q:
Had you offered her counseling with regard
to that topic?
A:
Yes, ma'am, yes.
10
Q:
And did that concern include Mr. Busch's
A:
She had shared with me about his drinking,
14
Q:
Had you ever witnessed him drinking?
15
A:
I have not, no.
16
Q:
Had you ever given her information or
11
drinking?
12
13
yes.
17
comments about what she should do to deal with Mr.
18
Busch's drinking?
19
A:
We had talked about a couple of things,
21
Q:
A couple of things, such as what, sir?
22
A:
Such as, if he would've been willing to go
20
yes.
23
into an AA type program or talk with anybody from
24
something of that nature.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Do you run any AA sessions?
A:
I do not.
Q:
And with regard to observing Mr. Busch
after a race, do you recall a race in Darlington, South
Carolina in roughly, May of 2012?

do.
A:
Q:
And were you present when Mr. Busch was
reacting after a race?
A:
I was present at the track, but not
10
present where he was at.
11
coverage on the television.
12
13
Q:
Okay.
I saw the same--just the
You were not present--you were not
in Mr. Busch's presence--
14
A:
[Interposing] Right.
15
Q:
--when he was acting in a particular
A:
That's correct.
16
17
18
manner.
I was present at the
racetrack, but not in his presence.
19
Q:
Okay.
20
A:
21
Q:
You indicated that your wife was present
And what did you see?
just saw a post-race altercation.
22
during your discussions with Ms. Driscoll when she
23
arrived at your trailer on September 26th, correct?
24
A:
57
Yes, ma'am.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
58
And you know that also, your wife has been
interviewed by the Dover Police Department with regard to
this particular incident.
A:
Yes, ma'am.
Q:
Okay.
at any criminal trial.
A:
Yes, ma'am.
Q:
Okay.
Police, sir?
10
A:
I have.
11
Q:
And you understand that you may also be
12
And she may be called as a witness
Have you also spoken with the Dover
called as a witness.
13
A:
Yes.
14
Q:
Do you know if your--or your comments and
15
discussions with the Dover Police were recorded?
16
A:
17
THE COURT:
18
I do not know that.

Did you talk to them on the phone,
sir, or in-person?
19
MR. TERRY:
On the phone.
20
THE COURT:
Okay.
21
Q:
You said Patricia told you that Mr. Busch
22
grabbed her neck and pushed her head against the wall,
23
correct?
24
A:
That's correct--

Phone: 212-346-6666 *Fax: 888-412-3655
59
Q:
[Interposing]
A:
Yes, ma'am.
Q:
And that she also complained that her neck
A:
Yes, ma'am.
Q:
Again,
Is that what you recall?
hurt?
I believe you described an actual
area, where she was complaining of neck pain.
show us again, where that was?
10
11
A:
Could you
Yes, she just said it was here and on the
back.
THE COURT:
Okay.
So the first--because we
12
have to actually describe that for the record, sir,
13
because we don't--
14
MR. TERRY:
[Interposing] Okay.
15
THE COURT:
--videotape.
16
MR. TERRY:
Yes, sir.
17
THE COURT:
The first gesture that you made was
18
We just tape record.
to your throat.
19
MR. TERRY:
Yes.
20
THE COURT:
And the second gesture you made was
21
to the back of your head or neck area--
22
MR. TERRY:
[Interposing] Yes, sir--
23
THE COURT:
--behind your head?
24
MR. TERRY:
That's correct.
Yes, sir, that's
Ubiqus/Nation- Wide Reporting & Convention Coverage

Phone: 212-346-6666 *Fax: 888-412-3655
correct.
THE COURT:
Q:
wit-h.some.assistance.
A:
Yes.
Q:
Ibuprofen and an icepack of sorts.
A:
Yes, ma'am.
Q:
Correct?
A:
Yes, ma'am.
10
Q:
Or some--
11
THE COURT:
12
Q:
Something cold--
13
A:
[Interposing] Frozen vegetables.
14
Q:
Frozen vegetables.
15
Okay.
Okay.
All right.
And you said your wife provided her
[Interposing] Frozen vegetables.
That was cold--that
was what you had in the freezer at the time--
16
A:
That was what we had, yes, ma'am.
17
Q:
I understand.
18
THE COURT:
19
20
21
60
Sir, where did she apply that, the
frozen stuff that you gave her?

MR. TERRY:
Right on the back of the neck and
lower head.
22
THE COURT:
23
Q:
And when you say, she, who applied that?
24
A:
Patricia.
Okay.
Thank you.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Did you ever speak with Kurt Busch, the
day following this discussion with Ms. Driscoll?
A:
No.
Q:
Did you see him?
A:
Yes, I saw him on Sunday.
THE COURT:
When you say you saw him on Sunday,
sir, does that mean you had a conversation with him or
you just witnessed him?
MR. TERRY:
I talked to him--
10
THE COURT:
[Interposing] Okay.
11
MR. TERRY:
--for 30-to-45 seconds, prerace.
12
THE COURT:
Okay.
13
MR. TERRY:
And prayed with him.
14
But we did
not--we didn't discuss any--
15
THE COURT:
16
your blessing of the drivers?
17
MR. TERRY:
Yes, sir.
18
THE COURT:
Okay.
19
MS. MCNEICE:
20
THE COURT:
21
MR. HARDIN:
22
REDIRECT EXAMINATION
23
BY MR. RUSTY HARDIN
24
61
Q:
[Interposing] So that was a part of
I have nothing further.

Okay.
Mr. Hardin?
Real quickly.
This alcohol thing, was--whatever she told

Phone: 212-346-6666 *Fax: 888-412-3655
REDIRECT EXAMINATION OF N. TERRY BY R. HARDIN
you was based just on what she was telling you at
different times?
62
Is that correct?
A:
Yes, correct.
Q:
You never saw anything about it, did you?
A:
No, sir.
Q:
And you had no independent evidence of it,
one way or the other,
A:
No, sir.
Q:
And you never saw him even when he was
11
A:
No.
12
Q:
All right.
10
13
correct?
drinking?
And did she indicate to you,
that alcohol was involved at all the night of the 26th?
14
A:
No.
15
Q:
And so when she came to your house that
16
night and was almost there an hour, she didn't suggest to
17
you at all, did she, that alcohol had anything to do with
18
the event that night.
19
A:
No, sir.
20
Q:
Have you ever heard any suggestion that
21
alcohol had anything to do with that night?
22
A:
No, sir.
23
Q:
So would you agree with me that this talk
24
about alcohol has nothing to do with September the 26th

Phone: 212-346-6666 * Fax: 888-412-3655
of 2014?
A:
THE COURT:
4
5
Yes.
Including the last series of
questions that you've asked the witness, Mr. Hardin.

MR. HARDIN:
Well, I guess--we've heard all of
this stuff about it, unsupported by anybody except her.

Q:
If you would just explain to us what you
meant about AA or a program.
was asking you about?
10
63
THE COURT:
Was that something that she
I think everyone needs to sort of
11
understand that because it's not alleged that Mr. Busch
12
was under the influence of alcohol when this event
13
occurred, it's not particularly relevant to me, what--the
14
extent of conversations that this witness had with Mr.
15
Busch about any alcohol issue or anything like that.
16
really doesn't make a difference in terms of what I have
17
to decide today.
18
MR. HARDIN:
19
THE COURT:
It
I would--we would-[Interposing] Mr. Busch could be a
20
raging alcoholic, and if it didn't impact anything that
21
happened on the occasion of this offense, then it makes
22
no difference to me.
23
that there are people in the back of the room that report
24
things, and so there are things that get out and things
I mean, I understand, certainly,

Phone: 212-346-6666 *Fax: 888-412-3655
that don't, in testimony.
it a little bit-MR. HARDIN:
3
4
And I'll allow you to run with
[Interposing]
I only want to do a
little bit more, to address that one question she asked.
THE COURT:
MR. HARDIN:
Okay.
All right.
I totally agree, for what it's
worth--
THE COURT:
MR. HARDIN:
10
THE COURT:
11
Q:
Okay.
--with everything the Court said.
All right.
- - question, which is very limited.
12
just wondered if you could put in your own words--she
13
asked you something about alcohol, AA.
14
about?
15
A:
The AA was my idea to her, when we were
talking about--when she had shared with me about his
17
drinking.
18
he was an alcoholic or not.
19
listen and help in any way possible.
20
And I never made any judgment on that, whether
Q:
My main objective was to
And so if she thought there was a problem,
21
she ought to try to get him into AA.
22
saying?
24
So what was that
16
23
64
A:
Is that what you're
Well, sure, I mean, absolutely.
I want
to--if that was the case, I definitely wanted to help,

Phone: 212-346-6666 *Fax: 888-412-3655
but I couldn't help him unless he would have ever been
willing.
4
5
6
7
Q:
65
And you really didn't know anything about
it;- one. way or the other, personally, did you?

A:
I did not.
I've never had a conversation
with Kurt about drinking alcohol, ever.
Q:
All right.
And one final thing, I wanted
to make sure we could get as clear as we could, the
wording of what she said.
I think in counsel's last
10
question or two, to you about--when she said something
11
about, he put his hands on her throat.
12
written down, pushed her up against the wall, is what you
13
originally said.
14
a little bit different, so forget about the two lawyers.
15
As best you can, just repeat to us, what you remember her
16
saying to you, he did.
17
A:
18
I think her question and her words were
She said that Kurt grabbed her by the
throat and pushed her, pinned her back against the wall.
19
Q:
20
MR. HARDIN:
21
THE COURT:
22
And then I had
Okay.
Thank you.
That's all I have.
All right.
Any other questions
from counsel?
23
MS. MCNEICE:
24
THE COURT:
Nothing, thank you.

Okay.
Mr. Terry, thank you very

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66
PROCEEDINGS
much for your testimony, sir.
objection to this witness being excused or do you want
him to remain?
4
5
MS. MCNEICE:
I'd ask that he remain.
appreciate that that might be an inconvenience, but I--
THE COURT:
MS. MCNEICE:
Does anyone have an
[Interposing] Okay.
During the break, I need to make
some other investigative--
THE COURT:
Okay.
All right.
Sir, what we'll
10
do is, we'll ask you to remain here at the courthouse.
11
And because it's been an issue thus far,
12
you what sort of, the sequestration means.
13
means is that you can't talk to anybody about your
14
testimony, either--anybody who's likely to be a witness.
15
That's really what it amounts to.
16
to be a witness, you can't really discuss what you've
17
said in here.
18
MR. HARDIN:
I'll explain to
What that
Anybody who's likely
Your Honor, excuse me for a
19
minute.
20
this afternoon.
21
proffer as to why she might need him and how long she
22
might--
23
24
I know he has travel plans back - - witness

Could we perhaps have her give you a
THE COURT:
[Interposing] What we'll do is, Ms.
McNeice, I'll ask you to expedite whatever consideration

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67
PROCEEDINGS
you may have with regard to your further needs for the
witness, in order that we can release him at the earliest
time possible.
MS. MCNEICE:
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
THE COURT:
10
I will do that.
Thank you.
So should we take a break now?
We can do that.
To have her do that.
We can do that, sure.
All right.
We'll recess.
11
MR. HARDIN:
12
FEMALE VOICE:
13
[END 436261 20140112-0955 PART2.WMA]
14
15
[START 435261_20140112-1100 PART3.WMA]
16
THE COURT:
17
MS. MULLINS:
18
19
Thank you.
All rise.
We're back in session.
seated.
THE COURT:
All right.
We're hopefully back on
20
the record.
21
not you're going to need Mr. Terry further?
22
Please be
Ms. McNeice, have you determined whether or
MS. MCNEICE:
We've
Thank you, Your Honor, for the
23
opportunity.
24
determined that we will not be using Mr. Terry's
review~d
other materials and

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68
PROCEEDINGS
testimony any further.
2
3
MR. JAMES E. LIGUORI, ESQ.:
Can I be excused
one moment?
THE COURT:
4
5
He can be released.
Mr. Liguori, sure.
Then we'll
excuse Mr. Terry with the Court's thanks.
[Crosstalk]
THE COURT:
All right.
Mr. Hardin, did you
wish to proceed in Mr. Liguori's absence or do you want
to wait for him to come back?
10
MR. HARDIN:
11
THE COURT:
12
MR. HARDIN:
13
I can go ahead.
All right.
He'll be right back.
Burrett [phonetic] .
14
THE COURT:
15
MR. HARDIN:
16
MS. MULLINS:
17
[Background Noise]
18
MS. MULLINS:
19
your right.
Okay.
Char is Burrett.
Charis Burrett.
Left hand on the Bible and raise
MS. CHARIS VAN METRE-BURRETT:
20
21
Char is
Charis Van
Metre-Burrett.
22
MS. MULLINS:
23
24
God?

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69
PROCEEDINGS
MS. BURRETT:
Yes.
MS. MULLINS:
Please spell your last name for
the record.
MS. BURRETT:
V-A-N, M-E-T-R-E, B-U-R-R-E-T-T.
MS. MULLINS:
Did you get that?
MS. BURRETT:
V-A-N, capital, M, E-T-R-E, B-U-
please.
7
8
R-R-E-T-T.
THE COURT:
10
Just for the record, ma'am, if
you'd spell your first name.
11
MS. BURRETT:
12
THE COURT:
13
C-H-A-R-I-S.
That's what I thought.
Thank you.
Mr. Hardin?
14
MR. HARDIN:
Thank you.
15
C H A R I S
VA N
16
One more time,
M E T R E
B U R R E T T,
having been first duly sworn, testified as follows:
17
DIRECT EXAMINATION
18
BY MR. RUSTY HARDIN
19
Q:
Good morning.
Ms. Burrett, you've already
20
started out the right way and that's speaking into the
21
microphone.
22
for both the record and the Court?
23
are you?
24
A:
So if you could just remember the microphone

Appreciate it.
I'm great.

Phone: 212-346-6666 *Fax: 888-412-3655
How
DIRECT EXAMINATION OF C. VAN METRE-BURRETT BY

R. HARDIN
Q:
And would you say your full
name again for the record?
3
4
All right.
70
A:
,.1'.
.Q.:
Charis Van Metre-Burrett.

.Okay.
A:
I live in San Juan Capistrano, California.
Q:
How old are you?
A:
I'm 41-years old.
Q:
Are you married?
A:
Yes,
10
Q:
What is your husband's name?
11
A:
Luke Burrett.
12
Q:
And is he in the courtroom today?
13
A:
Yes.
14
Q:
All right.
15
I am.
Now, at some time ago--are you
employed now, involved in a business?
16
A:
Yes.
17
Q:
And what is that business?
18
A:
That business is garment, clothing
19
20
21
22
23
24
manufacturer.
Q:
All right.
What type of garment, clothing
manufacturer?
A:
Towards the action sports and gasoline-
fueled motor sports industry.

Q:
Okay.
And is Kurt Busch involved in that

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R. HARDIN
business with you?
A:
Yes, he is.
Q:
In what way?
A:
He is a partner.
Q:
All right.
you and your husband?
A:
Yes.
Q:
And then he's a partner, a minority
10
A:
No.
11
Q:
Mr. Busch?
12
A:
Not a--a minority partner, yes.
13
Q:
Yes, okay.
14
What's his role?
And is the business primarily
partner?
And before that, before your--
what's your current company called?
15
A:
Panic Switch Army and C7 Distribution.
16
Q:
And were you and your husband in an
17
apparel type business before that?
18
A:
Yes, since 1993.
19
Q:
From 1993 until when?
20
A:
Until 2010, when we sold the company.
21
Q:
And what was the name of that company?
22
A:
Silver Star Casting Company.
23
Q:
All right.
24
71
Now, was Mr. Busch involved in
that one?

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R. HARDIN
1
A:
No, sir.
Q:
All right.
72
Now, are you familiar with
Patricia Driscoll?
A:
Yes.
Q:
And do you see her in the courtroom today?
A:
Yes.
Q:
Would you point her out for the record?
A:
Right here to my left.
Q:
To your left.
10
MR. HARDIN:
11
she's identified the Plaintiff.
And the record will reflect that
12
THE COURT:
13
MR. HARDIN:
14
Q:
How long have you known her?
15
A:
I've known her since 2008.
16
Q:
And have you known her longer than Mr.
18
A:
Yes.
19
Q:
Approximately how long ago did you meet
17
20
It will so reflect.
Petitioner.
Busch?
Mr. Busch?
21
A:
Approximately, almost four years ago.
22
Q:
All right.
So would it be accurate to say
23
that you and your husband were friends of Ms. Driscoll,
24
before you were friends with Mr. Busch?

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R. HARDIN
A:
Yes.
Q:
And how long were you friends with her
73
before you became friends with Mr. Busch?
A:
Approximately three years.
Q:
And at the time you first met her, was she
married to someone else?
A:
Yes.
Q:
Do you happen to know that person's name?
A:
Yes.
10
Q:
What?
11
A:
Geoff Hermanstorfer.
12
Q:
All right.
13
A:
If I said that--
14
Q:
[Interposing] We will get the spelling for
15
the Court reporter, before it's over.
16
around them as a couple?
17
A:
Yes.
18
Q:
How often?
19
A:
One time,
20
Q:
All right.
21
And were you
And when you first met
Patricia, do you recall where you were?
22
A:
Yes.
23
Q:
Where?
24
A:
It was at my office in Irvine, California.

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R. HARDIN
Q:
Okay.
A:
Yes, a business meeting.
Q:
In what sense?
74
And was that a business meeting or
what?
What were you going to be
doing with her in a business sense?

A:
Working with her in the Armed Forces
Foundation, as the charity of choice for our company,
Silver Star.
Q:
10
Okay.
And so how would that work?
What
would you do with the Armed Forces Foundation?
11
A:
We were producing, manufacturing T-shirts
12
for her foundation,
13
our products, and giving back to the organization through
14
sales.
15
16
Q:
Okay.
as well as, using the logo on all of
And then when was the next time you
saw her after that first meeting?
17
A:
Approximately two days later.
18
Q:
And do you recall where and what the
19
circumstances were?
20
A:
Yes, we went out to dinner.
21
Q:
And who else was at the dinner besides you
A:
Her assistant,
22
23
24
and she?
I believe it was an
assistant or business partner at the time.

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R. HARDIN
75
Q:
Was it a woman?
A:
Yes.
Q:
Named what?
A:
Christina [phonetic] .
Q:
All right.
A:
Yes.
Q:
So how many of you had dinner that
A:
Four.
10
Q:
And which city were you in?
11
A:
We were in Newport Beach, California.
12
Q:
How long were you together that night?
13
A:
Approximately two hours.
14
Q:
Was this before you met Kurt Busch?
15
A:
Yes.
16
Q:
Did you and your husband at that time have
17
And was your husband with you?
evening?
any dealings with NASCAR?
18
A:
No.
19
Q:
Okay.
And so if I jump forward from that
20
time, how far in the future was it, before you had any
21
connection with NASCAR?
22
A:
Not until we met Patricia.
23
Q:
Okay.
24
Well, now you were meeting her that
night, but at that time, you did not have any connection

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R. HARDIN
with NASCAR?
A:
Correct.
Q:
All right.
76
Now, during the course of this
meeting, would you--you would say from today's date, it
was probably how far back?
A:
Seven years.
Q:
All right.
And in that meeting, did she
tell you what her other jbb was, besides the Armed Forces
Foundation?
10
A:
Yes.
11
Q:
What'd she tell you?
12
A:
That she was a--some sort of operative for
13
the CIA, and worked for the military--
14
MS. MCNEICE:
15
relevance of whatever was said.
16
relevance of this witness.
17
would suggest, be able to assist the Court in making a
18
determination of the ultimate issue of fact, that is,
19
what happened on September 26th in Dover, Delaware?
20
THE COURT:
[Interposing]
Objection to the
In fact,
I object to the
She will not in any way,
Mr. Hardin,
the objection is to
21
relevance of whether or not the Petitioner, Ms. Driscoll,
22
asserted to this witness at some point in time, that she
23
was a CIA operative.
24
MR. HARDIN:
Well, if I could make a proffer as

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R. HARDIN
to what she would say and then the Court could decide
whether to consider it or not.
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
Q:
Sure.
Would that be all right?
Uh-huh.
All right.
So would you, in your own words, just tell
us what the conversation was, for the Court to decide
whether to disregard it or not?
10
11
77
MS. MCNEICE:
I would suggest that that's not a
proffer.
12
THE COURT:
[Laughter].
Okay.
Well, it's not
13
an ordinary course of a proffer.
14
jury trial and I can sort of disregard testimony that I'm
15
obliged to disregard.
16
this witness' testimony, is about this conversation, Mr.
17
Hardin, where the Petitioner alleged that she was a CIA
18
operative?
19
MR. HARDIN:
20
THE COURT:
21
MR. HARDIN:
22
Obviously, this isn't a
But in terms of--is this it for
No, it's not just CIA operative-[Interposing] Okay.

- - proffer of what the witness
would testify to--
23
THE COURT:
24
MR. HARDIN:
Sure.
--as in this conversation, she

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R. HARDIN
1
described killing drug lords, that she was working
undercover, and that's what she did regularly.
THE COURT:
MR. HARDIN:
Okay.
She talked about--she showed a big
scar that she claimed was from a drug - - cutting her
open.
talked about working undercover for two years, and then
coming back, and they in turn--she ultimately succeeded
in poisoning the man that gutted her in a bar.
She talked about poisoning drug people.
10
THE COURT:
11
MR. HARDIN:
She
Uh-huh.
She went into great extent about
12
all of this, and even asked--told this woman that she
13
would be a good undercover operative to work with her.
14
It wasn't just the CIA.
15
She talked about being a government assassin.
16
THE COURT:
17
MR. HARDIN:
78
It was the government, itself.
And this was seven years-[Interposing] Eight years later.
18
But she didn't stop making those contentions is my point.
19
And the final part of the proffer was that she talked in
20
terms--there are other areas that she would talk about,
21
that she would talk about using her son as sort of a
22
wedge with Kurt and so on.
23
24
And some of the things that have floated

through the case--our contention through this whole
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R. HARDIN
1
matter, Your Honor, as you know, I'm sure, is that this
man--woman has fabricated things across the board, to
suit whatever particular need she had at the time, and
much of it was stuff of fantasy.
79
And what he will tell you is that
5
6
unfortunately, she was so persuasive, he believed a lot
of it.
to say.
her.
He believed a lot of what this witness is going

And that had a lot to do with the way he treated
It had a lot to do with why he wouldn't have been
10
aggressive with her that night in the bedroom, the way
11
she claims he was, because of his perception.
12
the whole idea behind the video that we offered to the
13
Court.
That was
And so this is all part of a package.
14
THE COURT:
15
MS. MCNEICE:
Ms. McNeice?
I appreciate that the Defense has
16
presented an ongoing case that is filled with insults and
17
slams in an attempt to my client appear to be completely
18
incredible and without any truth.
19
Again, this particular witness testified that
20
eight years ago, before she met Kurt Busch, she heard
21
some conversations from my client.
22
that this has absolutely nothing to do with this
23
incident, and it cannot assist the Court in making this
24
determination of fact.
And I would suggest

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R. HARDIN
1
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
80
All right.
If I may, Your Honor?
Yes.
There's a thread through here.
Eight years ago, if you'll recall--
THE COURT:
MR. HARDIN:
THE COURT:
MR. HARDIN:
[Interposing] A very thin one.

Pardon me?
A very thin one.
Well, it depends upon, obviously,
10
the perception of the listener.
11
along, this woman manipulated him.
12
the situation that she's talking about, when he--she
13
testifies to being afraid, of him threatening her, him
14
being crazy, and all of that stuff.
15
The thread is that all

But particularly, in
The fact is that the way this woman presented
16
herself to this woman, a
17
inconsistent .with a woman who would have had that
18
reaction.
19
fabricated story, and there's a long history of her doing
20
that kind of thing.
21
assassin--she said she was a sniper.
22
killed drug lords.
23
24
fr~end,
and others is totally
And our contention all along is that it's a
Whether she is relating being an

She said she's
If you'll recall, the driver of the bus, or the

truck, or the residence, he said that she told him, she
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R. HARDIN
81
had taken down governments, and that was all very recent.
And so it all goes to the credibility of whether she can
be believed about this particular incident, to which
there were no other witnesses.
THE COURT:
Well, okay, here's the deal.
You
may impeach the credibility of a witness based on their
reputation for veracity.
to permit you to do is to parade in front of the Court,
every person to whom the witness has ever told a tall
But what the Court is not going
10
tale or a lie.
11
impeaching a witness' credibility.
12
That's not the appropriate method of
To be honest, in terms of temporally, this is
13
too remote for me, to find relevant.
14
it's appropriate for me to admit testimony with regard to
15
tall tales that someone told to an individual many years
16
ago, and try to relate that to the individual's
17
credibility here.
And I don't think
18
Certainly, Mr. Busch can testify during his
19
testimony with regard to things that Ms. Driscoll may
20
have told him, that may have impacted their relationship.
21
But I find this far too--
22
MR. HARDIN:
23
THE COURT:
24
MR. HARDIN:
[Interposing] That's fair enough.

--attenuated.
All right.
That's fair enough.

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

R. HARDIN
Let me move to just one question then about it.
MS. MCNEICE:
THE COURT:
MS. MCNEICE:
5
6
Excuse me, Your Honor.

Yes.
I thought that you just ruled
that her-THE COURT:
[Interposing] I haven't excluded
the witness' testimony.
aspect of this conversation that they had about Ms.
Driscoll supposedly being a CIA agent.
I have excluded that particular
I've heard that,
10
what was it, Julia Child might have been a CIA agent at
11
some point in time, too.
12
is, we really don't know who their agents are.
13
14
15
16
17
82
MS. MCNEICE:
Because the CIA is who the CIA
As I indicated, I have an ongoing
objection to her testimony as being irrelevant and-THE COURT:
[Interposing] I understand.
We'll
see i she's got something relevant to say-MS. MCNEICE:
[Interposing] And at the very
18
best, it is nothing more than cumulative and just adding
19
onto the Defense's strategy.
20
21
THE COURT:
Well, I get that, but we'll see if
the witness has something relevant to say.
Mr. Hardin?
22
Q:
You've known her for eight years?
23
A:
Just under eight years.
24
Q:
And are you familiar with her reputation

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R. HARDIN
1
83
for truthfulness?
A:
Yes.
Q:
And do you also have an opinion as to her
truthfulness?
A:
Yes.
Q:
What is that opinion--
MS. MCNEICE:
again as to relevance.
MR. HARDIN:
THE COURT:
10
11
relevant.
12
a witness.
13
14
No, no, that's-[Interposing] Well, that's
That's an appropriate basis for impeachment of

You may, ma'am.
Q:
What is that opinion?
A:
16
MR. HARDIN:
17
THE COURT:
18
MS. MCNEICE:
19
THE COURT:
your testimony.
No.
That's all I have, Judge.
All right.
Ms. McNeice?
No cross-exam, thank you.

All right.
Thank you, ma'am, for
You are excused with the Court's thanks.
21
[Background Noise]
22
MR. HARDIN:
23
the room, Your Honor?
24
Is she entitled to
be believed under oath?
15
20
[Interposing] I'm going to object
THE COURT:
May the witness be released from
Ms. McNeice?

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84
PROCEEDINGS
MS. MCNEICE:
THE COURT:
MS. MCNEICE:
THE COURT:
All right.
I do not intend to call her.

Okay.
Then the witness is excused.
Mr. Hardin?
MR. HARDIN:
THE COURT:
MR. HARDIN:
10
The request is for the witness to
be excused.
I apologize, Your Honor.
THE COURT:
May I have just a second?

Sure.
Absolutely.
11
let me know and we'll take one.
12
MR. HARDIN:
13
If you need a recess,
I need no more than three minutes,
but if you've got three minutes--
14
THE COURT:
15
MR. HARDIN:
16
THE COURT:
17
MR. HARDIN:
18
THE COURT:
19
FEMALE VOICE:
20
[END 436261_20150112 PART3.WMA]
21
22
[START 436261 20150112-1130 PART4.WMA]
23
MS. MULLINS:
24
[Interposing] We can do that.

That would be good.
We can do that.
Thank you, Judge.
Let us know when you're ready.
All rise.
The Court is back in session.
Please be seated.
Phone: 212-346-6666 *Fax: 888-412-3655
85
PROCEEDINGS
THE COURT:
All right.
We're back on the record.
MR. HARDIN:
THE COURT:
MALE VOICE:
MS. MULLINS:
[Background Noise]
MS. MULLINS:
your right.
Kristy Cloutier.
Okay.
Cloutier, Kristy Cloutier.
Kristy Cloutier.
Left hand on the Bible and raise
MS. KRISTY LYNN CLOUTIER:
10
11
Good morning, everyone.
Kristy Lynn
Cloutier.
12
MS. MULLINS:
13
14
God?
15
MS. CLOUTIER:
16
MS. MULLINS:
17
Please spell your last name for
the record.
18
MS. CLOUTIER:
19
MS. MULLINS:
20
THE COURT:
21
I do.
C-L-0-U-T-I-E-R.
Thank you.
Good morning, ma'am.
you may proceed.
22
MR. HARDIN:
Thank you.
23
K R I S T Y
L Y N N
24
Mr. Hardin,
C L 0 U T I E R, having
been first duly sworn, testified as follows:

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF K. CLOUTIER BY R. HARDIN
DIRECT EXAMINATION
BY MR. RUSTY HARDIN
Q:
State your name, please.
A:
Kristy Cloutier.
Q:
I said Cloutier and you pronounced it
A:
Yes.
Q:
Okay.
THE COURT:
10
Cloutier.
I'm sorry.
We have in town in Kent County that
we pronounce Houston [phonetic] as well, sir.
11
MR. HARDIN:
12
Q:
How old a lady are you?
13
A:
I am 40.
14
Q:
15
A:
Morrisville, North Carolina.
16
Q:
Where'd you grow up?
17
A:
I grew up in New Hampshire.
18
Q:
And when did you move to North Carolina?
19
A:
In 1998.
20
Q:
And what was the reason for moving to
21
22
23
24
86
[Laughter].
Thank you,
Judge.
North Carolina?
A:
I was going through some relationship
issues and picked a place on the map and--
Q:
[Interposing] Now, there's a microphone in

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front of you, so if maybe--
A:
[Interposing] Oh, okay,
Q:
--you can sort of lean--there you go.
THE COURT:
You're fine.
right on top of it, ma'am.
direction, i t ' l l pick you up.
MS. CLOUTIER:
Q:
A:
You don't have to be
As long as you speak in its
Okay.
Thank you.
So you moved to North Carolina.
And what
I was working for Roush Racing in their
merchandising department--
12
13
sorry.
type of work did you do?
10
11
Q:
[Interposing]
I'm going to slow you down.
This is recorded and ultimately, it's reduced to writing.
14
A:
Okay.
15
Q:
So if you could just go a little bit
16
87
slower?
Roush Racing.
17
A:
Yes.
18
Q:
Tell who that is for the record.
19
A:
Roush Racing owns NASCAR Cup Teams, and at
20
the time, it was Chad Little [phonetic], and Jeff Burton,
21
and a couple of others, Mark Martin.
22
merchandising department.
And I worked in the
23
Q:
Okay.
And how long did you work for them?
24
A:
I worked for them for five years.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
All right.
88
And then when did you meet
Kurt Busch?
A:
I met Kurt when I transferred to the 97
Race Team. in the accounting department, and he was coming
in as the new driver for Chad Little.
Q:
All right.
A:
Yes.
Q:
All right.
So that was with Roush Racing?
And what was your background
as far as your training - - accounting or anything?
10
A:
I had worked at a local North Country Ford
11
dealership in New Hampshire, doing their accounts
12
receivable and their accounts payable, and also, title
13
clerk.
14
for one year, and that's my background.
15
16
And I had gone to school for business management
Q:
All right.
And then did you ultimately go
to work for Kurt, individually?
17
A:
Yes,
18
Q:
And when you started working for him in
19
20
21
I did in 2003.
2003, what did your position become?

A:
My position became administrative
assistant/personal assistant.
22
Q:
Was he married at the time?
23
A:
No.
24
Q:
All right.
And then do you recall what

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89
year he got married?
A:
He got married in 2006.
Q:
Now, tell us exactly what all you did for
him . . By the time we got to 2006, what was your job?

A:
My job was to arrange all of his travel,
take care of all of his fan mail, take care of all of his
accounting, whether i t was accounts receivable, accounts
payable.
each race tracking,
I handled all of the motor coach requests to

knowing that their coach is coming
10
for a parking space.
11
out the online orders for his merchandise, and all the
12
filing,
13
14
I handled the online store, sent
answering the telephone.

Q:
Is there anyone else that does those
things with you or do you do it by yourself?
15
A:
At this time, I am by myself.
16
Q:
All right.
18
A:
Yes.
19
Q:
And how often would you see or deal with
17
20
21
22
23
24
So from 2003, is it, until
now?
him each week?
A:
On a typical, normal week,
I would see him
three-to-four times a week.

Q:
All right.
And when you managed--when he
traveled, would you travel with him on the--to the races?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
I did early in his career, only because I
was the scorer of the car, so I kept track of the laps--
Q:
[Interposing] Because you what?
A:
I was the team scorer.
Q:
What does that mean?
A:
It keeps track of the laps.
They have an
electrical on them, and we would go around and we would
push a button and have to write a number down,
a back-up to the electric.
10
so we were
And then when they did away
with it, I got done in--2006 was my last year.
11
Q:
Okay.
13
A:
I would only on race day with the team.
14
Q:
Okay.
15
be in how many races?
16
A:
Thirty-eight.
17
Q:
Pardon me?
18
A:
Thirty-eight races.
19
Q:
All right.
12
20
So up until 2006, you would travel
with him?
Now, in an average year, he would
And during all this time,
would you consider that you had become very close to him?
21
A:
Yes.
22
Q:
Does he or you, one or the other,
23
24
90
sometimes refer to you as like a big sister?

A:
Yes, and I consider him my little brother.

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
All right.
And how many years apart are
A:
We're actually--'78, so he's what, 36, so
there's four years difference.
5
6
Q:
you?
91
Q:
All right.
How would you describe him in
your working relationship?
A:
My working relationship, he can be a hard
boss sometimes.
He knows what he wants, and when he
wants it, he wants it now.
His compassion for his job
10
and his people sometimes overwhelm him and he doesn't
11
know what to do with that.
12
Q:
The Judge has seen a text or so that talks
13
about he's not sometimes good with words, him saying
14
that.
Have you heard that or seen that about him?
15
A:
Yes, sometimes--
16
Q:
[Interposing] And what--
17
A:
--he will speak before he thinks, but
18
that's just him.
19
you've just got to let it roll off your back and move on
20
to the next thing.
21
Q:
That's just who he is, and sometimes,
Well, there's been a lot of talk in this
22
hearing before the Judge about his drinking.
23
consider that he has a drinking problem?
24
A:
Do you
I don't believe he has a drinking problem.

Phone: 212-346-6666 *Fax: 888-412-3655
At one point in his life, did he drink heavily?
he was going through a rough patch.
92
Yes, but
Q:
And when was that?
A:
That was when he was going through his
Q:
All right.
A:
That was in 2011.
Q:
And so how long did that rough patch last?
A:
It lasted about a year, year and a half.
10
Q:
All right.
11
divorce.
And how long ago was that?
And then what about the last
two-or-three years?
12
A:
He hasn't drank hardly anything.
13
Q:
Do you ever see him drinking on race day
14
or during race week?
15
Thursday through Sunday.
I'm going to define race week as
16
A:
No.
17
Q:
Never?
18
A:
No.
19
Q:
And during this period of time--well, for
20
the last three-or-four years, have you seen him have any
21
type of situation that you were concerned about with
22
alcohol?
23
24
A:
Maybe a couple of--one time, you know, not
being able to get up to do something because he had drank

Phone: 212-346-6666 *Fax: 888-412-3655
the night before with friends, but other than that, no.
Q:
And how often was that?
A:
Maybe once or twice.
Q:
What period of time?
A:
Like, on a Monday or a Tuesday--
Q:
[Interposing] No, what period of years,
,,
that once or twice, during what stretch?
A:
Oh,
Q:
Okay.
11
A:
I met Patricia in 2010.
12
Q:
And when you met her,
A:
I met her in Philadelphia at a Philly
10
13
14
15
in like, over a year's period of time.

Now, when did you first meet
Patricia?
do you recall how or
where?
cheese steak place.
16
Q:
17
anybody in particular?
18
A:
He was married.
19
Q:
All right.
20
Okay.
And at the time, was Kurt dating
And then do you recall when he
separated from his wife?
21
A:
He separated from Eva the 1st of 2011.
22
Q:
All right.
23
24
93
Does North Carolina have a--
and was a divorce filed sometime there?

A:
It was filed in February of 2012.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Filed or final?
A:
The final was--he separated from Eva in
2011.
In the State of North Carolina--
Q:
[Interposing] That's what I was asking--
A:
--you have to be separated a year before
you can go for the final divorce.
Q:
All right.
So let's back up.
was intended--maybe I didn't ask it correctly.
separation for his wife was when?
10
A:
2011.
11
Q:
All right.
12
A:
2012.
13
Q:
All right.
Then that
His
And then his divorce was when?
Now, from that time forward
14
until now, how often would you say that you dealt with
15
Patricia?
16
A:
I would deal with her sometimes on a daily
17
basis, just depending on what was going on with their
18
travel or what they had going on for appearances.
19
Q:
How would you describe your relationship
21
A:
It was very stressful at times.
22
Q:
Why is that--
23
A:
[Interposing] We butted heads.
24
Q:
Why is that?
20
94
with her?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
She's a very demanding person and always
wants everything her way,
bullheaded too, so I want to do things my way.
4
5
Q:
so sometimes--I'm sometimes
Were there certain things that you had
always managed for and that she took over?

A:
Yes,
I would always--I've always done his
scheduling on his calendar, and it turned into
eventually, we'd have to check with her calendar, and
we'd always meet, the three of us, and do the calendar.
10
Q:
And why was that?
11
A:
And they dictated what went on there,
12
instead of me just seeing an opening and being able to
13
put something--
14
15
Q:
[Interposing] Why was that?
Who took over
the scheduling ultimately?
16
A:
Ultimately, Patricia did.
17
Q:
And how--
18
A:
--revolved around her schedule.
19
Q:
And why did that happen?
20
21
95
Everything--
Why did she
ultimately take it over-THE COURT:
[Interposing] If you know why, you
22
can explain.
23
Q:
Yeah, I'm asking why she--
24
A:
[Interposing] She's a very controlling

Phone: 212-346-6666 *Fax: 888-412-3655
person and has to be in control of everything.
Q:
And so you
A:
Uh-huh.
Q:
All right.
A:
[Interposing] Yes,
Q:
There you go.
A:
Sorry.
Q:
All right.
96
There's no-I did.
Now, as we get close to--if we
go through the year 2014.
10
A:
Yes.
11
Q:
Did you--by the way, during this period of
12
time, did you become familiar with her son, Houston?
13
A:
I did.
14
Q:
How would you describe Houston and Kurt's
15
16
relationship?
A:
Kurt loved Houston and Houston loved Kurt.
17
They did things together.
18
Houston, and he just--he loved that little boy.
19
Q:
All right.
Kurt was always thinking of
Now, what about bills?
There
20
had been testimony that she paid all her own bills.
21
didn't do anything to contribute to her financially, but
22
she was responsible for all her own finances and
23
everything.
24
would that be accurate?
Kurt
If that were the--if someone would say that,

Phone: 212-346-6666 *Fax: 888-412-3655
A:
May I ask a question?
Is that like,
electrical and overhead or is that trips, and jewelry,
and things like that?
Q:
Ah, well, let's separate out the two, and
tell us why you're telling about the distinction.

Okay.
A:
THE COURT:
And maybe you could just let us
know if you paid bills for Ms. Driscoll on behalf of Mr.
Busch.
10
11
MS. CLOUTIER:
I paid hotel bills and airline
tickets.
12
THE COURT:
13
Q:
14
97
Uh-huh.
Okay.
And then when you say jewelry, do you mean
you paid for gifts?
15
A:
Yes.
16
Q:
All right.
17
THE COURT:
And how would that work?
Would Mr.
18
Busch say, I want to buy this gift for Ms. Driscoll, can
19
you do--how did that--
20
21
MS. CLOUTIER:
credit card.
22
THE COURT:
23
MS. CLOUTIER:
24
[Interposing] He would have a
Uh-huh.
So he usually would pay for
everything on his credit card, and then I reconciled the

Phone: 212-346-6666 *Fax: 888-412-3655
bill when it came in.
THE COURT:
MS. CLOUTIER:
THE COURT:
Q:
Okay.
Thank you.
You're welcome.
Mr. Hardin.
And then during the period of time when we
get up to September of 2014.
A:
Yes.
Q:
Okay.
98
What do you recall about a race in
New Hampshire, the weekend of September the 21st?
Which
10
I'll represent to you, that is a Sunday.
11
familiar with was to be the plan for that weekend and the
12
week after?
13
A:
What were you
That week after the New Hampshire race,
14
they were going to be traveling the New England states,
15
going to Rhode Island and Connecticut, and then ending up
16
on Thursday in New York for Kurt to do an appearance for
17
the Armed Forces Foundation.
18
19
Q:
Do you recall who he was doing that
appearance with on that Thursday?
20
A:
He was doing it with the Weather Channel.
21
Q:
All right.
22
arrangement for the Weather Channel, do you know?
23
24
Now, and who had lined up the
A:
The Armed Forces Foundation and ExitlO
Marketing.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
All right.
And then do you recall what
the special occasion was going to be for New Hampshire,
as to why they were going to take this week up--through
.New England?
A:
7
8
It was considered like, their anniversary,
when they first met each other.

Q:
All right.
And your understanding as to
when--the month and year that they first met was when?
A:
In September 2010.
10
Q:
Okay.
11
reservations for them?
12
A:
13
99
I did.
And did you actually make
I booked one of the hotels in
Rhode Island.
14
Q:
In where?
15
A:
Rhode Island.
16
Q:
Okay.
It's on a credit card.
And then when did you--there had
17
been testimony about a disagreement they had, or a split-
18
up they had on the 21st of September, that Sunday.
19
A:
Yes.
20
Q:
When did you first become aware of
21
22
23
24
whatever may have happened there?

A:
I got a phone call from Ms. Driscoll on
Sunday evening-Q:
[Interposing] You got a call from who?

Phone: 212-346-6666 * Fax: 888-412-3655
A:
Patricia Driscoll.
Q:
Okay.
A:
On Sunday evening after the race.
Q:
All right.
Let's stop.
100
That would be
September 21st--
A:
[Interposing] At the New Hampshire race.
Q:
What time did you get the phone call from
A:
It had to be--it was after the race and
8
9
her?
10
they had already gone to--they were in Boston, so it had
11
to have been 6:00, 7 o'clock in the evening.
12
Q:
Okay.
13
A:
She was crying hysterically, saying that
And what did she tell you?
14
her and Kurt just had an argument and that she left him
15
at the airport, and she didn't know what to do, and she
16
had the rental car.
17
get to a hotel.
18
find out what was going on, and hopefully, everything
19
would be okay,
20
21
Q:
And I told her to settle down and
I would try to get a hold of Kurt to
just to calm down.

All right.
Who had rented the car?
Whose
name was the rent car in?
22
A:
Kurt Busch.
23
Q:
And she told you that she still had it?
24
A:
Yes, she did.

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101
Q:
So then what happened?
A:
So then I called Kurt and he actually

I asked him if he was okay.
answered the phone.
said, yes.
was at the airport.
He said he didn't know.
okay and that he would check in with me later on.
I asked him where he was,
He
and he told me he
I asked him what he was going to do.

He said that he was going to be
Q:
All right.
A:
I did.
10
Q:
Did you reach her?
11
A:
I did reach her.
12
Q:
And where was she, do you know?
13
A:
She was at a hotel.
14
Q:
And do you know which--
15
A:
[Interposing] Driving--I'm not sure if she
Did you call Patricia back?
16
was still driving or she was at the hotel, but she was--I
17
got her on her cell phone.
18
Q:
What did you and she in that conversation?
19
A:
I told her that I had talked to Kurt, that
20
she needed to let him be himself--be by himself for a
21
while.
22
happens.
23
was doing.
24
Let's wait until the morning and see what

And I didn't know where he was going or what he
Q:
Did she say anything about them having

Phone: 212-346-6666 *Fax: 888-412-3655
broken up or did she indicate that at all?
2
3
102
A:
She just kept saying that they had gotten
in an argument and he said it was done and--
Q:
[Interposing] That he said what?
A:
That it was done and that he couldn't do
it anymore.
Q:
All right.
And did she tell you how she
felt about that, one way or the other?
A:
She told me that she really loved him, and
10
that she didn't want things to end, and that she was
11
there for him, and that she supported him 100 percent.
12
13
Q:
Did she say anything to you about how she
was afraid of him?
14
A:
No.
15
Q:
Did she say anything to you about how he
16
had caused her any pain or injury in any way during this
17
argument?
18
A:
She had said that he yanked the steering
19
wheel off--not the steering wheel, the rearview mirror
20
off the windshield.
21
22
Q:
Yes,
I was asking about her.
Did she say
anything about him having caused any pain to her?
23
A:
No.
24
Q:
Did she say anything about him having done

Phone: 212-346-6666 *Fax: 888-412-3655
103
anything to her during :this disagreement--
2
3
A:
.[Interposing]
She had mentioned something
about a seatbelt.
Q:
Do you remember what she said?
A:
Something about he wrapped it around her
neck or something to that effect.
let it go in one ear and out the other.
8
9
Q:
12
13
Well, let's try to think about it.
A:
She said that he used the seatbelt around
Q:
All right.
her neck.
And did she say what that did
or how that happened or anything?
14
A:
No.
15
Q:
And what did--
16
A:
[Interposing]
17
18
What
do you remember?
.10
11
I don't know because I
She just said they were
arguing and that's what happened.

Q:
And when she said that he put the seatbelt
19
around her neck, did she indicate any--whether that was
20
on purpose or not or anything?
21
A:
No, that's all she said.
22
Q:
And did she say she was hurt in any way?
23
A:
No.
24
Q:
All right.
So what was your reaction when

Phone: 212-346-6666 *Fax: 888-412-3655
you heard that?
that?
A:
104
Did you take that--how did you take
I just took it as, okay.
believe it, so I didn't comment on it.
anything.
down, and let's figure out it tomorrow.
I mean, I didn't
I didn't say
I just told her to get to the hotel, calm
Q:
And why didn't you believe it?
A:
Because me, personally, honestly, I don't
believe anything Patricia says.
10
Q:
Why is that?
11
A:
Because it seems like every time she says
12
something, it's a lie, and she just tries to--I don't
13
know.
I just didn't believe her because that's not Kurt.
14
Q:
What do you mean, it's not Kurt?
15
A:
Kurt is a compassionate, caring man, and
16
sometimes he comes off as very hard because he doesn't
17
know how to let people know that he's caring and he's an
18
emotional--he's emotional and has feelings,
19
off as a hard ass.
20
21
22
Q:
Well, what about all this talk you hear
sometimes about his temper?
A:
so he comes
How would you address that?
Yeah, he has a temper.
23
throw something every now and then.
24
same thing in my office if I get mad.
Yeah, he might
I mean, I do the
But at any time,

Phone: 212-346-6666 *Fax: 888-412-3655
105
I've never felt threatened by him.
Q:
You know later that we're going to get to,
that she's alleged in this case that he physically abused
her.. ~
A:
Yes.
Q:
Does that particular type of allegation
carry tremendous significance to you, personally?
A:
Yes, it does.
Q:
Why?
10
A:
I moved to North Carolina in 1998 because
11
I was in an abusive relationship with my ex-boyfriend,
12
and I waited too long--I never told anybody.
13
went anywhere.
14
afterwards, and decided that I needed to make a change
15
for myself, and I couldn't do it by staying in my
16
hometown, seeing him and running into him all the time.
17
And it was time for me to move, so I moved to North
18
Carolina.
Q:
19
20
women,
I never
It was like, two-to-three weeks
Is the issue of men physically abusing
a very, very personal, emotional issue for you?
21
A:
Yes,
22
Q:
So how would you describe your attitude
A:
I am totally against it.
23
24
it is.
toward it?

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
And you recognize then--are we to
understand from your testimony, that sometimes women
either don't report it or delay in reporting it?
A:
Yes.
Q:
And that that by itself doesn't mean it
106
did not happen, correct?
A:
Correct.
Q:
So in your case, did you ever report it?
A:
No.
10
Q:
And how long a period of time did it go
12
A:
It went on for like, two years.
13
Q:
So would you agree that you are empathetic
11
on?
14
or sympathetic to the possibility of it happening, even
15
when it's not reported?
16
A:
Yes.
17
Q:
So now let's go to why you wouldn't
18
believe her in this case.
19
you concede that sometimes women who have been physically
20
abused do not report it either timely or at all, you
21
agree that that doesn't mean, in and of itself, it didn't
22
happen, correct?
And my question is this, if
23
A:
Correct.
24
Q:
Well, what is it about this situation then

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107
with Kurt and Patricia that makes you so certain it
didn't happen?
A:
Because she called different people when
this supposedly happened, of the Dover Race.
time I heard from Patricia was the Wednesday before the
Dover Race.
something happens, or if they're having issues, or
anything like that, and I--she never reached out.
Q:
The last
Usually, she'll call me and let me know if
What about your observations of the two of
10
them in terms of why--what is your view as to Kurt and to
11
whether he would physically abuse her?
12
A:
I don't believe Kurt would physically
14
Q:
Why?
15
A:
Because that is not in his state.
13
16
17
18
19
abuse her.
not the person that he is.

Q:
Well, what about Patricia makes you so
certain that you would not believe her?

A:
I have seen her in different aspects, and
20
for somebody--if that had happened, she would have
21
immediately done something about it.
22
Q:
23
A:
24
That's
Why?
What do you mean?
She doesn't wait around to do anything.
When she needs to have something done, she's going to do

Phone: 212-346"6666 *Fax: 888-412-3655
it then and there.
2
3
108
Q:
How long was it into your relationship
with her, that you began not to believe her about things?
A:
It was about a year.
Q:
And why?
A:
I received an email from one of her
What gave rise to it?
employees, stating how much of a bitch I was and how they
just needed to give me information that I needed to get
something done.
Q:
10
Let me see if I understand.
You mean, one
11
of her employees passed onto you, an email from her to
12
them?
13
A:
Yes.
14
Q:
Okay.
And so how long before this
15
incident happened was that?
16
26th of last year, was it that you received that email?
How long before September
17
A:
Two years.
18
Q:
And from then on, how did you deal with
A:
I dealt with her--I let her stay in
19
Patricia?
20
21
control, like she was in control.
22
questions.
23
whatever I was told, whether right, wrong, indifferent.
24
If I thought it needed to be done a different way,
I didn't ask any
I didn't try to buck the system.

Phone: 212-346-6666 *Fax: 888-412-3655
I just did
didn't--just so that it would run smoothly.
2
3
Q:
How would you describe her and Kurt's
relationship?
4
5
109
A:
I would describe their relationship like a
puppeteer and a puppet.
Q:
How do you mean?
A:
Patricia was the puppeteer in telling him
exactly what to do, when to do it, and Kurt was the
puppet.
10
Q:
Did you ever talk to him about that?
11
A:
tried to, but he got defensive about it
12
and didn't want to discuss anything.
13
And I
knew better,
just let it go.
14
Q:
So who in-charge of their relationship?
15
A:
Patricia.
16
Q:
Any question about that?
17
A:
No.
18
Q:
Now, as time went on, how would you
19
20
21
describe her involvement in his profession?

A:
She was heavily involved in his
professional career.
22
Q:
How?
23
A:
She was always making phone calls, sending
24
out emails to different people, talking to reporters,

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110
talking to marketing companies, trying to get him to do
things.
Foundation, so he did a lot of appearances with her, for
that.
He also was the ambassador for the Armed Forces
Q:
When you talked to her on that Sunday and
told her to go to a hotel, when was the next time you
talked to her?
9
10
11
12
A:
week.
I talked to Patricia in the middle of the
I'm not sure if it was a Tuesday or a Wednesday.
I believe it was Wednesday-Q:
[Interposing] And how did--excuse me.
And
how did you talk to her, by text or by phone?
13
A:
By telephone.
14
Q:
And where was she calling from according
15
16
17
18
She called.
to the phone?
A:
According to the phone,
she was calling
from an 860 number, which is a Connecticut number.

Q:
All right.
And that Connecticut number,
19
was that--did you go back and check if that's from a
20
hotel that you had prepaid for?
21
22
23
24
A:
It was a landline and it looked--I do not-
-it was a landline for a hotel.

Q:
And during this week that was supposed to-
-did you end up prepaying for some of the places they

Phone: 212-346-6666 *Fax: 888-412-3655
were going to go?
2
3
111
A:
Yes, some of the hotels were prepaid on
Kurt's credit card.
.Q :.
Now, back when she told you on Sunday, she
loved him and she didn't want to break up, did she give
any indication that she was scared, other than the
relationship was over as far as she was concerned?
A:
No.
Q:
What did she say instead?
What did she
10
indicate about what she wanted from the relationship
11
going forward?
12
13
A:
She wanted to be with Kurt and she wanted
things to work out.
14
Q:
Now, what happened--this rent car that she
15
drove off from the airport on Sunday in Boston, what
16
happened to it?
17
A:
The rental car was returned on Thursday in
18
New York City to Hertz, and the left front driver's side
19
fender was completely damaged.
20
accident.
21
Q:
It had been in an
Well, so after she left him at the airport
22
in Boston and took off in his rent car, did she continue
23
to take the trip they had originally planned?
24
A:
Yes.

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112
Q:
And so then after--and who paid for that
A:
Some of it was paid for by Kurt.
Q:
And after that trip was over and the car
trip?
was returned, did you talk to her about the condition it
was ln afterwards?
A:
No.
Q:
Why?
A:
I didn't know anything about the vehicle
10
until I got the paperwork from Hertz with the pictures,
11
and at that time, we were already starting to go to
12
court, so ...
13
Q:
Already starting to go to court over this
15
A:
Yes.
16
Q:
So you just let it sit.
17
A:
Yes, I gave Kurt's lawyers, all the
Q:
So when she had the car turned into Hertz,
14
18
matter?
paperwork.
19
20
how much had to be paid for--were they billing for damage
21
to it?
22
A:
23
MALE VOICE:
Rusty.
24
MR. HARDIN:
Oh, thank you.
It was over a thousand dollars.

Phone: 212-346-6666 *Fax: 888-412-3655
FEMALE VOICE:
Q:
Thank you.
I'm going to show you what I've marked as
Respondent's 13, and see if you can look at it and
recognize--and can identify it for me.
113
A:
Yes, this is the paperwork that Hertz sent
Q:
And was that for the car that they had
me.
7
8
rented for the trip--that Kurt had rented, and that she
kept and then turned in, in New York on Thursday?
10
A:
Yes.
11
Q:
And is that the documentation for the car
12
and what had to be paid for?
13
A:
Yes.
14
Q:
Did Hertz send you pictures?
15
A:
Yes, they did.
16
Q:
Are there pictures attached to this?
17
A:
Yes.
18
MR. HARDIN:
19
Your Honor, I'd move to introduce
R-13.
20
THE COURT:
21
MS. MCNEICE:
22
[Background Noise]
23
MS. MCNEICE:
24
THE COURT:
Ms. McNeice?
--a few minutes.

Sure.

Phone: 212-346-6666 *Fax: 888-412-3655
MS. MCNEICE:
THE COURT:
MS. MCNEICE:
THE COURT:
MS. MCNEICE:
minute.
Sure.
Do you need the Court to
No,
just--
[Interposing] Okay.
If I could have just one more
I have no objection, Your Honor.
THE COURT:
MS. MCNEICE:
10
Or a minute to review this.
recess or are you good?
Okay.
And may I have the number on this
again, sir?
11
MR. HARDIN:
12
MS. MULLINS:
Respondent's 13.
13
MS. MCNEICE:
Thank you.
14
THE COURT:
15
16
17
13.
That's how we're marking it,
Respondent's 13, okay.

[Whereupon, Respondent's Exhibit 13 was
admitted into evidence.]
18
THE COURT:
19
Q:
Thank you.
Now, did you at some time after this--when
20
this was received--I think it has a date up at the top.
21
Let me give you an extra copy to look at.
22
A:
Okay.
23
Q:
I think the Court has the official one.
24
114
What date does it show that you got the letter from

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115
Hertz?
A:
The letter from Hertz is dated 11/26/2014.
Q:
Okay.
.4
So that's what you mean by this had
already begun, that the complainant had filed--
A:
[Interposing] Correct.
Q:
--and everything.
A:
Yes.
Q:
Okay.
9
10
And by this time then, because of
all this pending litigation, you weren't going to be

contacting her, personally.
Is that what you mean--
11
A:
[Interposing] Correct, yes.
12
Q:
All right.
13
So did Kurt end up having to
pay for that?
14
A:
Yes, we did.
15
Q:
Now, did you, at our request, prepare some
16
records having to do with expenses and contributions he
17
had made to their relationship?
18
A:
Yes.
19
Q:
And I'm going to show you what's been
20
marked as--it will be marked as Respondent's 14.
21
MS. MCNEICE:
22
THE COURT:
23
MS. MCNEICE:
24
Objection, Your Honor.

Well-[Interposing]
- - relevant.
Obviously, they had a four-year relationship.

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I'm not
116
sure it's relevant.
THE COURT:
Okay.
Well, I guess, first, we
have to figure out what it is, and then we'll deal with
issues of relevance.
offering?
MR. HARDIN:
What is it, Mr. Hardin, that you're
What I want to show is--if the
Court recalls, her testimony is that she paid for
everything and she didn't--Mr. Busch didn't contribute--
didn't do anything
all the stuff that she did.
She
She didn't use his money.
She -
10
didn't need his money.
11
- goes to just her credibility.
12
with the substance, or the appropriateness, or any
13
appropriateness of the expenses.
14
THE COURT:
It has nothing to do
I think, I recall Ms. Driscoll
15
testifying that she paid her own bills, meaning that she
16
paid the mortgage at her house, and that Mr. Busch hadn't
17
contributed to that.
18
that's contrary to that?
19
20
21
MR. HARDIN:
Is there something in this document
Well, no, but I didn't remember
the testimony quite that way, Your Honor.

THE COURT:
I remember it pretty specifically
22
that way, that she pays her own bills at her home, and
23
that she has a job that she earns a good salary, and
24
didn't financial support from him.
I mean, certainly--

Phone: 212-346-6666 * Fax: 888-412-3655
[Interposing] In addition to
MS. MCNEICE:
1
2
that, if I might interrupt, she testified that he was
paying for gifts, hotels, and air travel.

THE COURT:
4
5
117
Yeah.
I mean, to be honest, I'm
sort of going over the last exhibit now, and I guess ...
MR. HARDIN:
If the Court recalls, on the last
exhibit, she testified under oath that there wasn't any
damage to that front left and she didn't know anything
about it.
I specifically asked her.
10
THE COURT:
11
MR. HARDIN:
12
MS. MCNEICE:
Uh-huh.
That was the car she rented.
And in fact, that may be exactly
13
what--when did she turn it in?
14
up?
15
that this information about him making contributions is
16
irrelevant to--again, what are we here for?
17
26th.
18
We don't know that.
MR. HARDIN:
When did she give the car
And I would suggest that the--
September
We are not here to allow her, in
19
all due respect, to say whatever comes into her mind
20
because she thinks she can get by with it.
21
THE COURT:
22
MR. HARDIN:
Uh-huh.
The relevance to the car is that
23
she takes that car, and then when she turns it in, it is
24
all damaged, and she testified that that wasn't the case.
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118
She testified that the only damage to it was the latch of
the trunk.
of life?
4
5
So does it matter, that $1,000, in the scheme

No, not in itself, but she was-THE COURT:
[Interposing] And of course, the
mirror having been ripped off by Mr. Busch.
MR. HARDIN:
Pardon me?
THE COURT:
been ripped off by Mr. Busch--
MR. HARDIN:
And of course, the mirror having
[Interposing] Yes, and we've
10
already conceded that.
11
that we just had an example about it earlier.
12
THE COURT:
13
MR. HARDIN:
My only point being, Judge, is
Uh-huh.
She finds out that Ms. Terry is
14
not going to be a witness, so she comes in and lies about
15
it because she thinks she can get by with it.
16
testifies, there's no damage to the car because she
17
thinks she can get by with it.
18
Hertz has sent pictures and a - -
19
to say to you is, there is this incredible pattern.
20
She
She doesn't know that

And all I'm trying
I would suggest that the record would indicate
21
that she's saying that he wasn't spending any of this.
22
But one of the things here, you'll see that she--this
23
witness prepaid, for instance, for their hotel.
24
speeds off in his car from the airport and continues on

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So she
119
this trip that he's paying for, and one of the--
THE COURT:
[Interposing] I've heard the
witness' testimony that some of the trip was paid for by
Mr. Busch.
MR. HARDIN:
THE COURT:
Mr. Hardin.
Well, it's not what the Court says,
It's what the Court heard.
MR. HARDIN:
Look, it--whatever the Court says.
No, what I mean is, Judge,
whatever you say in terms of whether it makes no
10
difference to you.
11
it's not relevant and you don't want me to admit it, then
12
I abide by the Court's ruling.
13
That's what I'm saying.
If you think
The only thing I'm trying to say is, is that
14
there is this continued pattern of this lady making
15
things up, and that has to do with the credibility of
16
what she says about a night where there are only two
17
people, the person she accuses and herself.
18
I'm saying.
THE COURT:
19
That's all
And the document that you wish to
20
admit before the Court is a compilation made by this
21
witness, of expenditures made by Mr. Busch during--
22
throughout the course of his relationship with Ms.
23
Driscoll?
24
MR. HARDIN:
That's correct.

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120
THE COURT:
So we're going to get four years'
worth of things culled out of Mr. Busch's expense
records?
4
5
MR. HARDIN:
THE COURT:
[Interposing] A summary by this
witness or?
8
9
you'll get a summary of it.
You know--
6
7
Well,
MR. HARDIN:
prepared.
This is a document that she
That's correct.
But look, it is going to the
10
fact finder, and if the fact finder has reservations
11
about it, there's no reason for me to insist on it.
12
THE COURT:
Okay.
Well,
I guess, first,
I need
13
to know what it is, and so I suppose we can ask the
14
witness, what exactly the document is, and how she
15
compiled it, and things of that nature.
16
determine whether or not I can see it, on a number of
17
different levels.
18
MR. HARDIN:
19
Q:
20
front of you, do you?
21
A:
No.
22
Q:
Let me give you a copy.
23
MR. HARDIN:
24
Q:
That's fine.
And then I'll
If I may?
You have a total--you don't have it in
And let me give a copy to counsel.
Now, I just wanted to ask you what the

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121
different
[Coughing]
Q:
--follow-up on the Court's questions.
The
first batch of it are Black Card purchases from 2011 to
2014?
That's what the heading says.
A:
Yes, those would be Kurt's personal--
Q:
[Interposing] And what is this--excuse me.
What is this based on?
A:
What does this represent?
This is from Kurt's personal bank card
10
statements, his credit card, personally, that were
11
charged to his credit card.
12
13
Q:
expenses that are attributable to her?
14
15
And how did you determine, these are
A:
These are hotels and jewelry from
vacations and things like that, that they went on.
16
Q:
And so what assurance can you give the
17
Court that these all had to do with expenses involving
18
her?
19
THE COURT:
I understand what the witness is
20
saying.
So you went through the credit card statements
21
of Mr. Busch, and the expenses that you're talking about
22
in that one section are expenses that were made for
23
hotels, and jewelry, and things like vacations with Ms.
24
Driscoll?
Phone: 212-346-6666 * Fax: 888-412-3655
MS. CLOUTIER:
THE COURT:
3
4
5
6
122
Correct.
Okay.
All right.
Mr. Hardin, you
may continue.
.MR. HARDIN:
Q:
Thank you.
Was there private air travel done, so--
that had anything to do with Houston's schooling?
A:
Yes.
Q:
What was that?
A:
Depending on what race and when Patricia
10
had custody of Houston during that weekend, sometimes,
11
Kurt's plane would have to fly Houston on Monday mornings
12
to Baltimore, to be able to make it to school.
13
Q:
So he would--they would go on a trip
14
together, the three of them, and then his Kurt would fly-
15
-his--Kurt's plane would fly Houston back to school?
16
A:
Correct, yes.
17
Q:
And so that's what air charges are in--
18
A:
[Interposing] Yes.
19
Q:
Okay.
And you say, checks written from
20
2011 to 2014, and it says things like, plumbing.
21
that about?
22
23
24
A:
That was a bill for Patricia's house here
in Ellicott City.
Q:
What's
It was for her what?

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A:
Her house in Ellicott City.
Q:
So if she said she always paid for
123
everything having to do with her house, would that be

..accurate?
5
6
A:
paid this bill.
She does, but for whatever reason, Kurt
Q:
All right.
And then what about the
psychotherapy that's there?

A:
That was a bill for Patricia Driscoll that
11
Q:
Pardon?
12
A:
That was a bill for Patricia Driscoll that
Q:
And then there's a travel place expense.
10
13
14
15
16
17
18
19
20
21
22
Kurt paid.
Kurt paid.
What's that for?

A:
they went on.
Q:
That was for one of their big trips that

That's the travel agent.
You have something titled,
Driscoll expenses.
A:
Patricia
What--
[Interposing] Those were expenses that she
paid for the motor coach, that she got reimbursed for.
Q:
All right.
And then when you go to
23
corporate card expenses, 2011, as opposed to Black Card,
24
what is that about?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
124
The corporate card is our business account
with our business name on it, that Kurt used to buy some
of this stuff with.
4
5
Q:
So then how did you determine the
corporate card expenses to attribute to her?

A:
These would be vacations that her and Kurt
Q:
Okay.
A:
And there's also some jewelry on there.
10
Q:
Okay.
11
MS. MCNEICE:
12
took.
I didn't hear her
last response.
13
14
I'm sorry.
MS. CLOUTIER:
There's also some jewelry on
there.
15
THE COURT:
So Mr. Busch had two different
16
cards.
17
and the corporate card.
18
MS. CLOUTIER:
19
THE COURT:
20
Q:
He has the Black Card that he referred to before,
Yes, he does.
All right.
I got it.
There's an entry up above that says,
21
Lufthansa Airlines, Patricia.
22
first page, Black Card purchases, at the very top, the
23
last one.
24
What is that?
On the
How do you call those?

A:
That would be their ticket on one of their

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125
vacations that they were on.
Q:
Okay.
A:
That's her first class seat.
Q:
All right.
MR. HARDIN:
for the Court's consideration.
THE COURT:
Again, Your Honor, it is offered
All right.
Well, I guess I'll
admit it and I'll give it whatever weight I think is
appropriate, as it relates to things.
But, ma'am,
just
10
so that I understand the document, itself, this is a
11
document that you created based upon your review of Mr.
12
Busch's financial records.
13
testimony that you've given, you sort of culled things
14
from his financial records, that you believed were
15
expenses that were paid by Mr. Busch for vacations and
16
other things that benefitted Ms. Driscoll as well.
In accordance with the
17
MS. CLOUTIER:
18
THE COURT:
19
20
21
22
23
24
Yes.
Okay.
All right.
I'll admit it.

THE COURT:
I'll give it whatever weight is
appropriate, and that'll be 14 for the Respondent.
Q:
Now, I want to go, if I can, to the
conversation we were at, on that Wednesday.
So if the--

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126
Sunday was the 21st, Monday was the 22nd, and Tuesday was
the 23rd.
sure whether it was Tuesday the 23rd or Wednesday the
24th that you had the conversation?
Did I understand you to say that you're not
A:
That is correct.
Q:
And what was the occasion and purpose of
8
9
that conversation?
A:
She called me to find out if I had heard
from Kurt, to find out if I knew where Kurt was, and what
10
was going on with the appearance that would be happening
11
on Thursday for the Weather Channel in New York City.
12
Q:
Okay.
And did she indicate at that time,
13
any kind of physical abuse in the past, or talk about
14
being afraid of him?
15
A:
No.
16
Q:
And what did you tell her?
17
A:
I told her that I hadn't heard from Kurt,
18
that--excuse me.
19
I wasn't sure where he was, but he would be there
20
Thursday morning to do the appearance.
21
Q:
I told her that I had heard from him.
Okay.
And then after that conversation,
22
did you--do you recall anything else about that
23
conversation with her?
24
A:
No.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Okay.
127
When was the next time that you
talked to her?
A:
I have not spoken to her since.
Q:
All right.
So either that Tuesday the
23rd or Wednesday the 24th is the last time you had
talked to Patricia?
A:
Yes.
Q:
In any form,
A:
Yes.
10
Q:
Has she contacted you at all at any time?
11
A:
No, she has not.
12
Q:
Okay.
anywhere.
Now, there is,
is there not, a
13
matter of--did you--were you--let me back up.
14
involved in the refinancing or the mortgage of a house,
15
her house in Maryland?
16
A:
17
18
19
20
21
Were you
I know a little bit about it, on what Kurt
promised that way, because she could get it refinanced.

Q:
Well, how did this LLC get formed?
was the purpose-A:
[Interposing] That was from the
accountant, Kurt's accountant.
22
Q:
And the name of it is what?
23
A:
Del Toros [phonetic] .
24
Q:
All right.
And why was that formed?

Phone: 212-346-6666 *Fax: 888-412-3655
What
A:
That was formed for Kurt and Patricia as a
company of theirs.
house, Del Toros guaranteed the money.
guarantee.
Q:
5
6
128
That way, when she refinanced the
Okay.
It was like a
And so Kurt guaranteed her to get
her mortgage?
A:
Yes.
Q:
And were you informed one way or the other
10
as to whether she was going to be allowed to refinance,

if he didn't guarantee it?
11
A:
No,
12
Q:
All right.
I didn't ask.
And then was there an incident
13
with--at his house that he built in North Carolina last
14
year?
15
What happened with that?

A:
When they started looking for homes, we
16
got the paperwork the first time that actually had Kurt
17
Busch and Patricia Driscoll's name on it.
18
Q:
On the home that he was going to buy?
19
A:
Yes.
20
Q:
And was that--
21
THE COURT:
22
[Interposing] Where did you get the
paperwork from, ma'am?
23
MS. CLOUTIER:
24
THE COURT:
I got that from the realtor.
From a realtor.

Phone: 212-346-6666 *Fax: 888-412-3655
129
MS. CLOUTIER:
Yes.
THE COURT:
Q:
And it listed--it was the application, was
A:
Yes.
Q:
And it listed both of their names?
A:
Yes, it did.
Q:
Did you have a concern about that?
A:
Yes.
10
Q:
What was it?
11
A:
I didn't know that they were purchasing
Okay.
12
the house together,
so I asked Kurt about it.
13
Q:
And what did he tell you?
14
A:
He said, no, that the house needed to be
15
in his name.
16
Q:
So did you inform the realtor?
17
A:
I did.
18
Q:
And as a result of that, was her name
19
taken off the application?
20
A:
It was.
21
Q:
All right.
22
being owned by her,
23
Excuse me.
24
A:
And so that house ended up
is that correct--I mean, by him?
Owned by Kurt.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
And then she owned her own house that he
guaranteed, so she could get the loan.
A:
THE COURT:
Yes.
And, ma'am, was that an application
for a mortgage or a sales contract that you--
MS. CLOUTIER:
THE COURT:
130
[Interposing] Sales contract.
It was a sales contract, okay.
Thank you.
Q:
Now, during the period of time that you
10
knew Kurt--well,
11
things he has told you after this happened, when did you
12
first learn that she was claiming that he physically
13
abused her that night of the 26th?
14
A:
let me back up.
Without going into
When Kurt called me to tell me that she
15
had gone to the police and that she was filing charges
16
against him.
17
Q:
So you didn't hear about it until
19
A:
Correct.
20
Q:
And were you aware that there was a
18
21
November?
possibility before November?
22
A:
No.
23
Q:
You didn't know anything about that?
24
A:
No.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
What was your reaction?
A:
I was furious.
Q:
Why?
A:
And I was--because Kurt wouldn't do it.
That's not Kurt.

Do you have an opinion as to whether she's
Q:
believable under oath?
A:
I have my opinion, yes.
Q:
What is it?
10
A:
I wouldn't believe her.
11
Q:
On anything?
12
A:
On anything.
13
MR. HARDIN:
14
THE COURT:
15
MS. MCNEICE:
16
CROSS-EXAMINATION
17

Q:
18
19
131

All right.
Ms. McNeice?
Yes.
Good morning.
Let me get my materials
together.
THE COURT:
20
My goodness.
That clock says it's
21
after noon.
Folks, just let me know when you--if you
22
folks want to recess for lunch, let me know when you want
23
it.
24
like it says 12:15 on that clock.
I apologize.
The time has gotten by and it looks

Phone: 212-346-6666 * Fax: 888-412-3 655
MS~
MR. HARDIN:
THE COURT:
MS. MCNEICE:
8
9
Okay.
I think that if that's
appropriate, if the Court--just wait-THE COURT:
[Interposing] Whatever the parties
want is fine with me.
10
MS. MCNEICE:
11
Q:
12
[Interposing] Yeah, that's a good
idea.
Can we wait until after cross,
just for continuity--
MCNEICE:
132
Okay.
Ms. Cloutier, you indicated that you
traveled with Kurt as the team scorer.
13
A:
That is correct.
14
Q:
From the time you began working for him,
15
which sounds to be like, about 2003,
16
about three years until 2006.
17
A:
I actually traveled with the team from
18
2000 until 2006.
19
for Roush Racing.
From 2000 to 2003,
20
Q:
21
THE COURT:
22
23
24
and you did that for
I was still working
Okay.
But when did Mr. Busch become
involved with the team that you were working with?

MS. CLOUTIER:
2000, in September of 2000, he
came into--

Phone: 212-346-6666 *Fax: 888-412-3655
CROSS-EXAMINATION OF K. CLOUTIER BY C. MCNEICE
THE COURT:
133
[Interposing] In September of 2000-
2
3
MS. CLOUTIER:
THE COURT:
--he came into the 97 Car.
Okay.
And when you started
traveling with the team was when?
MS. CLOUTIER:
THE COURT:
MS. CLOUTIER:
Q:
But you actually started working for him
11
A:
Correct, personally.
12
Q:
So it's been 11, 12 years now.
13
A:
That is correct.
14
Q:
Okay.
10
15
February 2000.
Okay.
All right.
Thank you.
Yes.
in 2003.
And you described yourself as his
big sister.
16
A:
Yes.
17
Q:
You're very close to him, it sounds like.
18
A:
Yes, I am.
19
Q:
So in addition to providing those
20
important services for keeping the place running, you
21
have an emotional relationship with him too?
22
A:
Yes.
23
Q:
Okay.
24
And in fact, you sort of bailed him
out periodically, correct?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes.
Q:
Correct?
A:
Yes.
THE COURT:
When we use the words,
bailed him out--
MR. HARDIN:
MS. MCNEICE:
THE COURT:
Okay.
134
[Interposing] Yeah.
I'm going to get to that.
Okay.
Because that has a very
specific legal term that we need to clarify.
10
MS. MCNEICE:
11
Q:
You've assisted him in the past, correct?
12
A:
Yes, I have.
13
Q:
Okay.
14
Yes, I apologize.
In fact, those particular--that
particular assistance was related to his alcohol use?
15
A:
As in?
16
Q:
As in, he was so drunk, he didn't know
How do you mean?
17
where he was, and you had to go get him, and he slept on
18
your couch.
19
20
A:
picked him up.
No, he knew where he was.

He called me.
21
Q:
22
MR. HARDIN:
23
24
I went and
He called you.
Your Honor, may we just have a
place and time?

THE COURT:
Yeah, what are we--

Phone: 212-346-6666 *Fax: 888-412-3655
I'm going to
clarify this.
3
4
[Interposing]
MS. MCNEICE:
135
THE COURT:
;'~
Okay.
... MS. MCNEICE:
I apologize.
wanted to
Okay.
I jumped ahead.
[Background Noise]
MR. HARDIN:
MS. MCNEICE:
10
MALE VOICE:
11
the one you gave her?
May I have that one back?

That's not the one I
You want this back?

Thank you.
Do you want to give us a copy of
12
MS. MCNEICE:
13
MALE VOICE:
14
MS. MCNEICE:
15
Q:
16
Can you identify this?
17
A:
Yes, this is my email.
18
Q:
This is your email.
19
A:
Uh-huh.
20
MS. MCNEICE:
I haven't given her anything.

Okay.
I'm going to do that.
I'm going to hand you a document, ma'am.
And I'd ask that this be admitted
21
as Petitioner's--I believe we're up to about 13, 12 or
22
13.
23
THE COURT:
24
MS. CLOUTIER:
I don't have the list.

This is 2011.

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
Hang on a second.
about exhibit numbers now.
MS. MULLINS:
THE COURT:
MS. MCNEICE:
THE COURT:
136
We're talking
We'll get to you.
It'll be Petitioner's 11.

Petitioner's 11, okay.
Thank you.
I guess we've got to determine
whether it's going to be admitted.
opposition to this, or do we want to let her just lay the
foundation and get it in, or what?
10
MR. HARDIN:
11
MS. MCNEICE:
12
Is there some
Are you offering it?

Yes, I'm asking that it be
admitted.
13
MR. HARDIN:
14
THE COURT:
15
MS. MCNEICE:
16
THE COURT:
17
MR. HARDIN:
18
THE COURT:
19
[Whereupon, Petitioner's Exhibit 11 was
20
MS. MCNEICE:
22
Q:
Okay.
A:
Uh-huh.
24
11, it looks like.

Petitioner's 11.
Petitioner's 11.
No objection.
All right.
It will be admitted.
21
23
As which exhibit number?
Thank you.
Let's get back to this email,
rna' am.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Could you read this email, please?
A:
Yes.
Q:
What's it say?
A:
I'm going to quit.
137
I can't take this
anymore.
he's not answering his phone or the house phone.
looking for him.
he is drinking--excuse me, drunk.
He was so drunk last
night and wouldn't quit drinking.
What if he's laying in
He's now missed his team meeting at Penske and
10
the pool, dead?
11
what to do.
12
He never misses team meetings even when
I can't go over there.
Call me.
Okay.
14
A:
Yes, it did.
15
Q:
Okay.
16
I don't know
I can't take this.
Q:
13
They're
And this email went to Ms.
Driscoll?
At that time, it sounds like you
were very concerned about him.
17
A:
Uh-huh.
18
Q:
Okay.
You said that he was so drunk last
19
night and wouldn't quit drinking.
20
period that you testified, that he was under a particular
21
amount of stress?
Was this during the
22
A:
Yes.
23
Q:
And do you know if he ever received any
24
treatment for his condition; wherein, he wouldn't quit

Phone: 212-346-6666 *Fax: 888-412-3655
drinking?
A:
He wouldn't quit drinking that night?
Q:
Do you know if he ever received any
treatment for any condition in which he wouldn't quit
drinking?
A:
No.
Q:
Okay.
138
Did you ever set up any therapeutic
sessions for Mr. Driscoll [sic], for assistance with any-
10
11
MALE VOICE:
Driscoll?
12
13
14
15
I apologize.
MS. MCNEICE:
time.
[Interposing] You mean Mr.

Mr. Driscoll?
I'm sorry.
I did this the last
I confused the names.

Q:
For Mr. Busch; wherein, he was receiving
any treatment for any mental health disorder?
16
A:
No, I have not.
17
Q:
You never set up any appointments.
18
A:
No.
19
Q:
Did you ever do any investigation to look
20
for a therapist or some sort of assistant for him?
21
A:
I did.
22
Q:
Okay.
23
A:
I don't recall.
24
Q:
And under what circumstances did you look
And who was that?

Phone: 212-346-6666 * Fax: 888-412-3655
for that assistant?
A:
I did that with Ms. Patricia Driscoll.
When she had told me that Kurt had a drinking problem,
told her. I.would help her.
her take control and not asking any questions.
Q:
therapeutic sessions?
A:
Q:
This comes back to letting
I don't know if he did or not.

If he did in Maryland,
Okay.
Strike that.
He did not
I don't know.
Are you familiar with any--excuse
11
me.
12
sports psychologist at a time?
Are you aware that he was seeing a
13
A:
Yes.
14
Q:
Okay.
16
A:
No.
17
Q:
Okay.
18
A:
No,
19
Q:
Do you recall when Ms. Driscoll and Mr.
20
And did Mr. Busch participate in some
in North Carolina.
10
15
139
Did you ever set up any of those
sessions?
Do you know what year that was in?
I do not.
Busch went to Spain, ma'am?
21
A:
Yes.
22
Q:
Do you recall an incident where Mr. Busch
23
lost their passports?
24
A:
I was told they lost their passports, yes.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Okay.
Did Mr. Busch ever reveal to you
that they lost their passports?
A:
Yes, he told me they lost them.
Q:
Okay.
A:
I heard through Patricia, how he lost
Q:
Okay.
them.
8
9
Did he tell you the circumstances
under which they lost them?
6
7
ma'am.
I'll hand you another document,
Can you identify that?
10
A:
Yes.
11
Q:
And what is this, ma'am?
12
A:
This is an email I sent Patricia.
13
MS. MCNEICE:
14
140
I'd ask that this be admitted as
the next Petitioner's--
15
THE COURT:
16
MR. HARDIN:
[Interposing] Mr. Hardin?

Well, I think this involves email
17
traffic in 2011, that has to do with a drinking incident.
18
I understood the Court to say that all that stuff was too
19
remote and didn't matter.
20
THE COURT:
Yeah, I guess the objection is
21
relevance.
22
relevance, is the--I don't know what the exhibit is and
23
what's it being offered for?
24
And so, Ms. McNeice, what, in terms of
MS. MCNEICE:
All right.
It is an email trail

Phone: 212-346-6666 *Fax: 888-412-3655
in which Ms. Cloutier is making comments about Kurt's
drinking and responding to some comments that Ms.
Driscoll has made.
4.
This is while they were in Spain.
thought that Kurt had a drinking problem was Ms.
Driscoll, and that the only person who was telling
everyone else that he had a drinking problem was Ms.
Driscoll.
Ms. Cloutier was familiar with Mr. Busch's drinking at
11
So I'm offering this to indicate that in fact,
that particular time.

THE COURT:
Okay.
And for what purpose as it
12
relates to this witness' testimony though?
13
words, it isn't at issue here, whether Mr. Busch has a
14
drinking problem.
15
to be relatable to either this witness' bias or some
16
other issue that's been raised in the proceeding.
17
In other
So if you're offering evidence, it has
And obviously, you know, I don't know what the
18
exhibit says.
19
it'll be admissible.
20
testimony, we actually have to sort of relate it to an
21
issue of either bias or some other relevant purpose,
22
other than to establish that Mr. Busch had a drinking
23
problem, which really isn't germane to the proceeding.
24
It
. has . been repeatedly presented that the only people that
10
141
Perhaps, I can review it and see whether
MS. MCNEICE:
But in terms of this witness'
I appreciate that, but this is in

Phone: 212-346-6666 *Fax: 888-412-3655
142
response to the many comments that had been made by
Defense, that it's only Ms. Driscoll who is continually
presenting the negative impression of Mr. Busch, that he
has a drinking problem, or is otherwise out of control,
or otherwise has destroyed his own reputation because of-
THE COURT:
[Interposing] So this isn't to
impeach this witness' testimony, but rather, to bolster
Ms. Driscoll's testimony?
10
it?
11
MS. MCNEICE:
12
THE COURT:
13
MS. MCNEICE:
14
THE COURT:
16
MR. HARDIN:
17
THE COURT:
18
MR. HARDIN:
19
MS. MCNEICE:
20
THE COURT:
21
MS. MULLINS:
22
Q:
24
I'll take it back.
I won't--
Well-I can use it on rebuttal.
That's
correct.
15
23
Is that why you're offering
Okay.
Okay.
So is she withdrawing it?
It's withdrawn.
Thank you.
Thank you.
Okay.
Thank you.
You indicated that you spoke with
Ms. Driscoll on or about September 23rd or 24th.

A:
That is correct.

Phone: 212-346-6666 * Fax: 888-412-3655
2
3
4
5
Q: . Okay.
143
And you said you thought that she
was in Connecticut at that time?
A:
Connecticut, Rhode Island, somewhere in
the New England states.

Q:
Okay.
And this was part of a tour or a
trip that the parties--excuse me, that Mr. Busch and Ms.
Driscoll had planned.
A:
Yes.
Q:
Okay.
10
It looks like there was also some
payments made for this particular trip.
11
A:
Yes, there was.
12
Q:
Okay.
13
And do you know how long she was at
this particular location?
14
A:
No.
15
Q:
Okay.
16
Is that correct?
Do you know if she had the car with
her on that particular time?
17
A:
I believed she did.
18
Q:
Okay.
19
A:
[Interposing] Because she took it from
20
21
22
But you don't have any--
Boston and--from Boston, when she dropped Kurt off.
Q:
But you don't have any independent
knowledge that in fact, the car was with her.
23
A:
No.
24
Q:
Okay.
Do you know what day she did drop

Phone: 212-346-6666 *Fax: 888-412-3655
144
the car off?
A:
The receipt said September 25th.
Q:
That the car was dropped off.
A:
Correct.
Q:
Do you have any independent knowledge of
when she last drove the vehicle?
A:
No.
Q:
Did Kurt ever tell you that he had ripped
the rearview mirror off this vehicle?
10
A:
Yes, he let me know that, so if we got a
12
Q:
That you could pay that?
13
A:
Yes.
14
Q:
Okay.
15
A:
Yes.
16
Q:
Okay.
11
17
bill.
And you said he has a temper.
Did he ever have to pay for similar
damage, ripping rearview mirrors off of cars?
18
A:
Yes.
19
Q:
Okay.
20
A:
Yeah.
21
Q:
Doesn't that surprise you?
22
A:
No.
23
Q:
It doesn't surprise you that he would rip
24
So he's done that before.
a rearview mirror off the car?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
I've done it before.
Q:
Okay.
I noticed that there's a bill that
you've submitted in your letter from Hertz.
Did you copy
.. this directly as it came from Hertz?
A:
Yes,
Q:
Okay.
I did.
And that includes all of the
portions of the contract.
A:
Yes.
Q:
And everything else that Hertz sent to
11
A:
Yes.
12
Q:
Okay.
10
145
you.
Have you reviewed the statements
13
attached that reflect an outline of exactly the damage--
14
or the damage that was repaired?
15
A:
Yes.
16
Q:
Do you see any particular notation that in
17
fact, the windshield was repaired?
18
A:
I don't see it on here.
19
Q:
Okay.
20
A:
Yes.
21
Q:
Did Kurt plan on using, if you know, this
22
But this is what they sent you?
rental car through the trip to New England?
23
A:
Yes.
24
Q:
You mentioned that Kurt often speaks

Phone: 212-346-6666 *Fax: 888-412-3655
146
before he thinks.
A:
Yes.
Q:
Okay.
A:
Uh-huh, yes,
Q:
Okay.
And you said,
I let it roll off my
I do.
So the items you're letting roll
off your back, would that include verbal attacks?
A:
No.
Q:
No.
10
A:
Like, when he's, you know, - -because
What do you let roll off your back?
11
something went wrong or something, and then we're trying
12
to do some paperwork, and he's like,
13
just wants to vent for a little bit.
14
yelling at me.
15
place.
just sits there and
He just wants to vent.
I know he's not

It's his safe
16
Q:
Your office is his safe place?
17
A:
Yes.
18
Q:
You said that when the--Ms. Driscoll and
19
Mr. Busch were dating, she eventually took over his
20
calendar and the three of them--three of you would meet
21
to review it.
22
A:
Yes, we usually would either meet in my
23
office or we would do conference calls when they were in
24
Maryland.

Phone: 212-346-6666 *Fax: 888-412-3655
147
Q:
So Mr. Busch was part of this conference
A:
Yes, he was.
Q:
Do you do any public relations for Mr.
A:
No.
Q:
Do you post things for him on Facebook?
A:
On Facebook, I only do the merchandise.
10
11
12
call.
Busch?
If we're selling different merchandise or something comes

in, we have a company, ExitlO, that does the Facebook.
Q:
Thank you.
Did Mr. Busch discuss with
you, his recorded interview with the Dover Police?
13
A:
No.
14
Q:
Did you know that he did give you an
15
interview with the Dover Police?
16
A:
Yes.
17
Q:
So he didn't tell you that he told the
18
police that he did put his hands on Patricia Busch's
19
[sic] face--Patricia Driscoll's face?
20
21
A:
Kurt told me that before he went to Dover
to be interviewed.
22
Q:
23
on her face.
24
A:
Oh, he did tell you that he put his hands
He cupped them.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
He cupped them.
148
Did he also tell you that
he pushed her head back into the wall three times and
said, you have to leave, you have to leave, you have to
leave?
A:
No, he did not.
Q:
Did he tell you that the interview with
the police was recorded?
A:
He did.
Q:
You mentioned that at one time, you were
10
called by an employee of Patricia's, telling you that you
11
had to do some particular task.
12
A:
The email?
13
Q:
I thought it was a phone call, ma'am.
14
i t an email?
15
A:
It was an email.
16
Q:
I apologize.
17
A:
Uh-huh.
18
Q:
It sounds like you found it somewhat
19
distasteful.
20
A:
21
THE COURT:
It was--yes.
Yes.
Ma'am, I'm confused.
Is that an
22
email to you from Ms. Driscoll or an email between Ms.
23
Driscoll and someone else, that referred to you?
24
MS. CLOUTIER:
It was an email from Patricia

Phone: 212-346-6666 * Fax: 888-412-3655
Was
149
Driscoll to her employees at the Armed Forces Foundation.
THE COURT:
Okay.
And it just referred to you-
3
4
5
MS. CLOUTIER:
[Interposing]
It referred to me,
yes.
THE COURT:
Okay.
Q:
You mentioned that on your list of
Okay.
All right.
Thank you.
bills, you don't know why Kurt paid--or excuse me, why
Kurt paid a plumbing bill in 2012.
10
11
A:
He would just--if I got a bill, I would
ask him, and he would say pay it or not pay it.
12
Q:
Okay.
And it's $360.
In the whole scheme
13
of things, what he earned over this four-year period, is
14
that a miniscule amount?
15
A:
Yeah.
16
Q:
For Kentlands Psychotherapy, did Mr. Busch
17
ever tell you that these were joint couples counseling
18
sessions?
19
A:
No.
20
Q:
It looks like the total expenses paid by
21
Kurt were $320, 274--excuse me, 320,000, 274,019.
22
A:
Yes.
23
Q:
That's what you've calculated.
24
A:
Yes.

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150
Q:
What does Mr. Busch earn in a year, ma'am?
A:
It all depends on where he finishes during
Q:
Okay.
a race.
4
5
Would you put it in the category of
millions per year?
A:
Yes.
Q:
Okay.
And over the four-year period, it
would be millions times four.
assumption?
Would that be a safe
10
A:
Yes.
11
Q:
Okay.
13
A:
It could be.
14
Q:
And I noticed that these trips are trips
12
So again, is $320,000, a miniscule
amount?
I mean ...
15
not just taken by Ms. Driscoll.
16
there, correct?
In fact, Mr. Busch was
17
A:
That is correct.
18
Q:
And this plane that Mister--or these plane
19
flights that Mr. Busch paid for, this--
20
A:
[Interposing] For the private plane?
21
Q:
Private plane.
23
A:
Yes, he does.
24
Q:
Okay.
22
Does he own this private
plane?
And he used it then to transport

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151
Houston at times, correct?
A:
Yes.
Q:
Okay.
A:
Yes, he does.
Q:
Does he fly it or does he have a staff
A:
[Interposing] He has two pilots that fly
Q:
Okay.
plane?
that--
8
9
10
Does he still own the private
it.
Let's look down at the bottom, June
11
30th, 2011, the bottom of the first page, that is.
12
Disney Private Tour Guide, was that for Mr. Busch?
13
A:
That was for Houston.
14
Q:
Okay.
15
A:
And Ms. Driscoll.
16
Q:
And Mister--
17
A:
[Interposing] And Kurt.
18
Q:
--Busch was on that trip, correct?
19
A:
Yes, he was.
20
Q:
Speaking about the Del Toros LLC, do you
21
know which state this entity is posted in?
22
A:
North Carolina.
23
Q:
Okay.
24
A:
That is correct.
So it's a North Carolina LLC?

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152
Q:
And do you know the purpose of this LLC?
A:
I knew the accountant--it was done through
the accountant.
setting them up.
refinance Patricia's house.

Q:
I don't do much with the businesses,

I know it was set up for the reason to
Was it also for the purpose of purchasing
other real estate?
A:
In time, I believe, yes.
Q:
Okay.
And if you could clarify something
10
for me?
11
and Mr. Busch wanted the contract in his name only, as
12
the purchaser of this--
13
14
You said there was a contract for a sale that--
A:
[Interposing] That would be his home in
North Carolina.
15
Q:
That's his present home.
16
A:
Present home.
17
Q:
And when did he purchase that?
18
A:
He purchased it, I want to say, in--at the
19
end of 2013, I believe.
20
Q:
Where did he live prior to that?
21
A:
He lived in Morrisville, down the street
22
in the Point [phonetic] .
23
Q:
Okay.
What is that, a--
24
A:
[Interposing] It's a subdivision.

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Q:
. A:
Q:
Okay.
153
Was that a home?
Yes, that was a home .

And was there a period of time that he
spent living in Patricia's home in Ellicott City,
Maryland?
A:
He stayed at Patricia's, yes.
Q:
Are you familiar--do you know if Mr.
Busch's name is on the deed to Ms. Driscoll's home in
Ellicott City?
10
A:
That, I do not know.
11
Q:
Have you been instructed by Mr. Busch to
12
begin any steps to dissolve the North Carolina LLC?
13
A:
No.
14
Q:
You have not been instructed?
15
A:
I wouldn't know how to do it, and that
16
would go through the accountant.
17
Q:
18
time.
19
has a temper.
I see.
Getting back to Mr. Busch's temper, you said he
20
A:
Yes,
21
Q:
Okay.
22
I ' l l just check my notes one more
I did.
Would you say that that temper has
caused him to, at times, be his own worst enemy?
23
A:
24
MS. MCNEICE:
Yes.

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PROCEEDINGS
THE COURT:
Mr. Hardin, did you have any other
questions of the witness?
MR. HARDIN:
THE COURT:
BY MR. RUSTY HARDIN
154
Q:
Very briefly.
Okay.
What kind of circumstances are you talking
about when you say, losing his temper sometimes has made
him his own worst enemy?
10
A:
Because he knows--I mean, it's just, you
11
know, when you say something and you're not supposed to
12
or you get mad at something, and you're like, why did I
13
get mad at that, and you start laughing about it.
14
Sometimes he acts before he thinks.
15
16
Q:
Okay.
Have you seen him act physically
against a woman before?
17
A:
No.
18
Q:
Have you seen him act physically against
19
anyone before?
20
A:
No.
21
Q:
And I'm asking what you've seen.
22
A:
What I've seen, no.
23
Q:
So if one was to ask you, when you say
24
sometimes, his temper is his own worst enemy, does that

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REDIRECT EXAMINATION OF K. CLOUTIER BY R. HARDIN
155
have anything to do with physical abuse of others?

THE COURT:
Well, I guess you have to sort of
qualify that question.
in the general--you're asking this witness to determine
whether or not someone who has a temper might physically
abuse-MR. HARDIN:
THE COURT:
Okay.
MR. HARDIN:
10
I meant to be responding to the
question she was asked right at the end.
12
13
[Interposing] No, I didn't mean
to.
11
Are you asking, sir, the question
THE COURT:
You're asking the witness with
regard to her own personal knowledge--
14
MR. HARDIN:
15
THE COURT:
[Interposing] Yes.
--whether his temper has been
16
related to his physically abusing others, to her
17
knowledge--
18
MR. HARDIN:
19
MS. CLOUTIER:
20
MR. HARDIN:
21
Yes.
No.
That's actually a much better way
to ask it.
22
A:
No.
23
Q:
All right.
24
A:
No.
And that's what I was asking.

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Q:
MR. HARDIN:
THE COURT:
All right.
Okay.
Ma'am, I just have a few
questions for you.
MS. CLOUTIER:
THE COURT:
Yes.
You've talked about Mr. Busch's
temper and somehow--sometimes that he acts or speaks
before he thinks.
his temper?
What kind of things cause him to lose
10
MS. CLOUTIER:
11
THE COURT:
12
MS. CLOUTIER:
He has a passion for racing.
Uh-huh.
So sometimes the race doesn't
13
always go the way it's always planned.
14
there's a wreck.
15
mechanical failure.
16
best on the racetrack.
And he just pushes himself to be the
THE COURT:
18
MS. CLOUTIER:
20
Sometimes,
Sometimes an engine failure,
17
19
156
Uh-huh.
And sometimes, he just gets
frustrated because things do happen.

THE COURT:
Okay.
And so when things happen
21
and he loses his temper, how does that manifest itself?
22
What does he do or?
23
24
MS. CLOUTIER:
Sometimes he'll just--he can
just sit there and just scream and whatnot, and he just

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PROCEEDINGS
157
needs to be by himself and depress--decompress, and then
he's fine.
THE COURT:
MS. CLOUTIER:
Uh-huh.
Once he looks at the next
situation.
THE COURT:
Okay.
And when you say he needs to
be left by himself, what happens if someone doesn't leave
him by himself during one of those periods of time?

MS. CLOUTIER:
10
If you go, I mean, he'll
probably yell at you.
11
THE COURT:
12
MS. CLOUTIER:
Okay.
Like, he's probably mad and he's
13
going to snap.
14
probably going to be offended [sic] to you, when he
15
really doesn't mean it, but you caught him at a bad time.
16
17
He's going to say something that's
THE COURT:
Okay.
And you've described your
office as sort of a safe place for him?
18
MS. CLOUTIER:
19
THE COURT:
Uh-huh.
I don't want to put words in your
20
mouth.
21
feels like he can sort of--because he's safe, he feels
22
like he can let things out and let his temper go or?
23
that what you--
24
Do you mean by that, that it's a place where he
MS. CLOUTIER:
[Interposing] I just--no, I

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Is
158
PROCEEDINGS
don't mean it that way.
I mean, he can scream, he can
just sit there and vent.
swear.
If he wants to swear, he can
Nobody is looking at him and characterizing him.
THE COURT:
Okay.
MS. CLOUTIER:
He's just letting it all out and
no one is going to hold it against him or anything like
that.
THE COURT:
MS. CLOUTIER:
10
THE COURT:
Okay.
That's what I'm trying to say.
Thank you, ma'am.
All right.
Does
11
counsel have questions based on questions the Court has
12
asked, you may certainly ask them.
13
14
15
MR. HARDIN:
I do, but if she wants to go first
or ...
MS. MCNEICE:
16
17
BY MR. RUSTY HARDIN
Go ahead.
18
Q:
19
I'm trying to ask you.
20
trying to connect, if there is a connection, or not
21
connect it to physically abusing another person when he's
22
upset about something, okay?
23
if you had to pick the area that you see him losing his
24
temper about, of human conduct or his activities, what
You understand with this language, what

And I think the Court - - is
So the first thing is that,

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159
would that be?
A:
Racing.
Q:
All right.
So when you talk about
sometimes he's his own worst enemy, are you talking about
him losing his temper when he is--when things don't go
right in racing?
A:
That is correct.
Q:
The Court has heard testimony about him
pulling off the mirror, and you were asked about that by
10
the other person, after a race.
11
race in New Hampshire didn't go well, correct?
12
A:
That's correct.
13
Q:
All right.
You're familiar that the
So when you say it doesn't
14
surprise you, it didn't surprise you that he would jerk a
15
mirror off or have a flare of temper about doing badly at
16
the racetrack, is that right?
17
A:
Uh-huh.
18
Q:
[Interposing] You can't do, uh-huh.
19
A:
Yes.
20
Q:
All right.
Yes--
Sorry.
That's okay.
But would it
21
surprise you, as if he physically struck out at anybody
22
when things didn't go well at racing?
23
A:
Yeah, that would surprise me big time.
24
Q:
Why?

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A:
160
Because Kurt will grab something, but he's
human; he doesn't believe in hurting other people.
would never hurt somebody even though he was in a bad
mood.
Q:
So he
And then what if he's by himself in his
own place and not--nothing else is going on, would you
expect him to be angry and lash out at somebody else?
8
9
MS. MCNEICE:
MR. HARDIN:
enough.
That's okay.
All right.
Fair
It does.
12
THE COURT:
13
MR. HARDIN:
14
It calls for
speculation.
10
11
Objection.
The question-[Interposing]
I'll withdraw it.
Thank you, Judge.
15
THE COURT:
16
Q:
All right.
You're aware of incidents or so that were
17
publicized, where he flared up at the media one time,
18
right?
19
A:
Yes.
20
Q:
Was that in connection with racing?
21
A:
Yes.
22
Q:
Okay.
And these incidents that have been
23
talked about with you today by counsel, and the comments
24
you made about his--sometimes his temper being his own

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161
worst enemy, I want to try to make sure, would you
connect those at all to events of personal or physical
abuse against others?
A:
No.
Q:
Why?
A:
Because Kurt wouldn't hurt somebody on
purpose, or hit somebody on purpose, if he was mad.
would walk away or grab a mirror and break it, before he
would hit somebody.
10
MR. HARDIN:
11
THE COURT:
12
MS. MCNEICE:
13
RE-CROSS EXAMINATION
14
15
16
17
18
19
20
Q:
He
That's all I have.

Ms. McNeice?
Thank you.
You said that you just don't think he
would abuse anybody, if he--
A:
[Interposing]
I don't believe that he
would hit somebody-Q:
Okay.
Oh, I understand.
You're still
working for him, correct?
21
A:
Yes.
22
Q:
Okay.
Were you present at a Chicago Cubs
23
baseball game in 2011, where he took a swing at you and
24
he had to be escorted quickly into a car to get away?

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RE-CROSS EXAMINATION OF K. CLOUTIER BY C. MCNEICE
162
A:
Yes,
Q:
Okay.
A:
And he was drinking and didn't know what
4
5
I was there.
. he was:'''doing,. . and he tried to push me out of the way.

Q:
He didn't know what he was doing.
That's
your comments on--that's what you thought; he didn't know
what he was doing.
A:
That's my opinion, yes.
Q:
Okay.
10
THE COURT:
So on that occasion, ma'am, your
11
view was that he was intoxicated.
12
MS. CLOUTIER:
13
THE COURT:
14
Q:
15
16
He was intoxicated.
So while drinking, he could push someone
out of the way and maybe even cause abuse, correct?

A:
Yes,
I could too, drinking, if I'm
17
drinking until I got--I mean, I don't understand where
18
you--what you're trying to ask.
19
Q:
You've answered the question.
You
20
mentioned that he has a passion for racing, and that
21
sometimes, failures with the vehicles lead to
22
frustrations.
23
A:
Yes.
24
Q:
Okay.
And has he ever been sanctioned by

Phone: 212-346-6666 * Fax: 888-412-3655
NASCAR in any way for his frustrations,
A:
Yes.
Q:
How?
A:
He's been fined before.
Q:
How many?
A:
Oh, I don't know.
Q:
In other words,
A:
No, I don't keep track.
Q:
Okay.
tempers, rages?
so many times, you can't
count?
10
163
I just pay the
bills.
11
And do you have an estimate, if you
12
know, of the amount of money you've paid on his behalf,
13
in fines?
14
15
A:
I do not know off the top of my head.
would have to pull the file.

THE COURT:
16
Ma'am, you've testified about
17
knowledge of Mr. Busch being sanctioned for losing his
18
temper.
19
aggression toward anyone else, or the threat of physical
20
harm to any--
21
22
Did any of those incidents involve physical
MS. CLOUTIER:
[Interposing] Not to anyone
else.
23
THE COURT:
24
MS. CLOUTIER:
Not to anyone else.

No.

Phone: 212-346-6666 * Fax: 888-412-3655
All right.
THE COURT:
Q:
As far as you know, correct?
A:
Yes.
Q:
Okay.
But he has raged or lashed out at
other members of the team, anything like that?
A:
Verbally?
Q:
Uh-huh.
A:
Yes.
MS. MCNEICE:
10
11
12
Thank
you.
THE COURT:
shot, Mr. Hardin.
All right.
I'll give you another
Anything else?
13
MR. HARDIN:
14
THE COURT:
15
MR. HARDIN:
16
THE COURT:

All right.
All right.
In terms of this
17
witness, do the parties wish her to remain for recall
18
possibly, or not?
19
MS. MCNEICE:
20
THE COURT:
21
MR. HARDIN:
22
she can be released--
23
24
164
THE COURT:
I don't intend to call her again.

Mr. Hardin?
I don't think so, Judge.
I think
[Interposing] Thank you, ma'am,
you're excused with the Court's thanks.

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165
PROCEEDINGS
MS. CLOUTIER:
THE COURT:
Thank you.
All right.
As it relates to
scheduling, it's about ten minutes of 1:00, according to
the clock on the wall over there.
take a recess for lunch or--
MR. HARDIN:
THE COURT:
MR. HARDIN:
THE COURT:
Do the parties want to
[Interposing] Please.
Okay.
If we could have lunch?
All right.
We'll do that.
We'll
10
reconvene at about, I guess, ten minutes to 2:00 or
11
thereabouts.
12
MR. HARDIN:
13
THE COURT:
14
MS. MULLINS:
15
[END 436261 20150112-1130 PART4.WMA]
16
17
[START 436261 20150112-1358 PART5.WMA]
18
MS. MULLINS:
19
session, Driscoll versus Busch.
That's fine.
All right.
All rise.
The State of Delaware
20
[Background Noise]
21
THE COURT:
22
everyone.
23
sir?
24
All right.
back in
Please - - .
Good afternoon again,
Mr. Hardin, do you wish to call a witness,
MR. HARDIN:
Thank you.
Your Honor, we'll call

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PROCEEDINGS
2
3
166
Mr. Busch.
THE COURT:
under oath, sir.
Okay.
Mr. Busch, you're already
You may resume the witness stand.
K U R T
sworn, testified as follows:
DIRECT EXAMINATION
BY MR. RUSTY HARDIN
B U S C H, having been first duly
Q:
Good afternoon.
A:
Good afternoon.
10
Q:
Mr. Busch, you were questioned at some
11
extent by Ms. Driscoll's lawyers, do you recall, back in
12
December during the hearing, were you not?
13
A:
Yes, sir.
14
Q:
What I want to do now is go to sort of the
15
history between you and Ms. Driscoll, and how we got to
16
where we did on the 26th of September.
17
started seeing Ms. Driscoll, were you still married?
18
A:
When I met her, yes.
19
Q:
All right.
20
A:
September of 2010.
21
Q:
All right.
22
At the time you
And you met her when?
And then just so we have a
timeframe, you separated from your wife when?
23
A:
February of 2011.
24
Q:
And then I believe, as you heard the

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF K. BUSCH BY R. HARDIN
167
testimony, North Carolina had a one-year waiting period.
So your divorce became official or final when?
A:
It became official in February of 2012.
Q:
Okay.
Just so I understand, does that
mean you can't even file for a year?
waiting period is?
or--
A:
Q:
Is that what the
You had a waiting period of a year
[Interposing] Yeah, you're right--
10
[Coughing]
11
A:
There's a waiting period of--
12
Q:
[Interposing] And then you file--
13
A:
--the separation.
14
Q:
Okay.
15
A:
And then you file.
16
17
And so I don't
actually know the official date.

Q:
All right.
Now, there's no question as--
18
that you and Ms. Driscoll had what the law in Delaware
19
calls a substantial relationship during that period of
20
time, correct?
21
A:
Yes, sir.
22
Q:
All right.
23
24
Each of you at different times
stayed in the other's home, correct?

A:
Yes, sir.

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Q:
And you traveled together.
And what is
your testimony as to how involved she was with your
career?
168
Just sort of explain that to us.

She was involved at a loving, caring
.. A:
level.
activities, cooking, cleaning, traveling to the races,
communicating with team members, coordinating different
PR events.
10
That meant that she helped assist with daily
And the overall relationship was very shared.

Q:
All right.
Now, and her son, Houston, how
would you describe your relationship with him?

A:
11
I love that little boy.
He was a smart
12
young man that was learning cursive and arithmetic, and I
13
loved to help him with his homework.
14
and I had a stronger relationship.
15
Q:
And I feel like him
Well, and you've heard some testimony that
16
some of his toys and things were kept at your motor home.
17
Is that right?
18
A:
Yes, sir.
19
Q:
Okay.
And I think we just heard the
20
number, but on an annual basis, how many races would you
21
enter?
22
A:
Forty races a year, or so.
23
Q:
All right.
24
And then those 40 races, when
we call driving--just for the record, what days of the

Phone: 212-346-6666 *Fax: 888-412-3655
week are devoted to those race weekends?
work?
every.weekend.
Q:
5
6
All right.
Now, what happens on Thursday?
What use is the day of Thursday?
A:
Travel day, normally.
Q:
All right.
How does it
Primarily, Friday, Saturday, Sunday of
A:
169
And then how would you travel
to--we heard some testimony from the driver of your motor
10
home and so.
11
location to location?
12
A:
But how would you customarily go from
It just depended on the distance of the
13
travel.
14
We would contemplate taking the plane, if it was a five-
15
hour trip.
16
to, and anything more than a five-hour flight, we would
17
then go on commercial airfare or with the race team on
18
their team plane.
19
So if it was within five hours, we would drive.
But anything more, above five, we would fly
Q:
All right.
Now, was the period of your
20
separation and divorce, the year--more particularly, the
21
year of 2011, was that a difficult time for you
22
emotionally and personally?
23
A:
Yes, it was a very stressful year.
24
Q:
Okay.
And do you acknowledge that you

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170
drank too much during that period of time, and that
alcohol was a much more prevalent part of your life than
it used to be?
A:
I would admit to that.
Q:
Okay.
But even then,
did you ever drink
during these race days?
A:
Absolutely not.
Q:
And more particularly, would you ever
9
10
drink on a Friday, Saturday, or Sunday, if you were

racing?
11
A:
No,
I would not drink on race weekends.
12
Q:
Okay.
And when do you think that period--
13
how would you relate to the times--the end of the period
14
you considered where you may be drinking too often--let
15
me put it that way.
16
much when you drank, was there a period that that would
17
be a fair characterization?
May be drinking too often and too
18
A:
Yeah, there would be a period of--
19
Q:
20
time on the calendar, would you ascribe to that?
21
22
A:
I would say the middle of 2010 to the
beginning of 2012.
23
24
What kind of
Q:
Okay.
So there's about a year and a half
there.

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A:
Uh-huh.
Q:
All right.
171
But even then--and then once
that period of time was over, did you continue to--did
you change what your drinking habits were, or your
circumstance?
A:
Yeah, I would say change the amount.
Q:
Did it change back to the way it used to
A:
Before the troublesome time in my career,
Q:
Okay.
be?
10
11
yes.
And was this also a troubling time
12
in your career as far as your advancement or who you had
13
contracts with or so?
14
A:
Yeah, I had hit a brick wall with the
15
current race team that I was with.
16
our success level wasn't where I thought it needed to be.
17
Q:
Okay.
We had plateaued and
So you had a period of frustration
18
with both your personal life and your professional life
19
at that time.
Would that be a fair statement?
20
A:
Yes, sir.
21
Q:
Okay.
22
now to 2012 into 2014.
23
your life leveled out emotionally?
24
A:
It had.
But once that's behind--let's move

During that period of time, had
There was a direction on the race

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team side.
Q:
Okay.
A:
It did.
Q:
All right.
And did your racing situation get
better?
Were you basically in what
might one call a comeback
fair characterization?
A:
Yeah, that is.
Q:
For the Commissioner to know, you had a
10
172
Would that have been a
bunch of success very early, did you not, in NASCAR?
11
A:
Yes, sir.
12
Q:
What ages, and so therefore, how far--how
13
old are you now?
14
A:
Thirty-six.
15
Q:
Okay.
16
And so in your twenties, your
early, mid-twenties, how would you describe your career?
17
A:
18
championship in 2004.
19
Q:
Okay.
20
A:
Twenty-six years old, the youngest--time
21
22
23
24
I started in NASCAR in 2000, and I won the
And so you were how old?
for the youngest champion in NASCAR.

Q:
All right.
So that was a pretty heavy
period of time, was it?

A:
It sure was.
I just came from racing in

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Las Vegas at the Little Tracks five years before that.
2
3
173
Q:
All right.
So how would you describe your
life at that time in the mid-twenties?
A:
I was on top of the world, and it seemed
as if all racing was going perfect, and that's all that
life was.
Q:
And how long did that period in your life
A:
I would say probably through 2010.
10
Q:
Okay.
11
A:
As an athlete and a performer, when you
last?
And then what changed?
12
hit a plateau or a brick wall, you begin to question, why
13
aren't the results continuing to come?
14
achieved results at a young age, expecting them to
15
continue to come in.
16
sometimes don't realize everything that you have.
17
18
Q:
21
Being naive and young, you
So at 36, have you learned a lot, that you
didn't know about in the twenties?
19
20
And maybe I
A:
I'm a lot stupider now at 36 than I was at
Q:
Well, did you--when all this was going on,
26.
22
all this success and everything, you've heard talk about
23
your temper.
24
A:
Yes,
sir.

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174
Q:
Give me your side of that.
A:
I have a temper that would be described as
short by most.
the fire and the desire from within, to perform at top
levels, and when I don't achieve those results,
frustration,
Q:
And how do you vent your frustration?
A:
Whether it's cussing, muddling to myself,
It is an internal feeling where there's
I vent my
and it bothers other people.
you know, stirring to myself, to others that are close
10
that would listen, that I trusted and that knew my desire
11
was to succeed.
12
when I would vent my frustration.
13
14
Q:
Those were the people that I trusted
And when you would vent your frustration
or so, did you ever physically take it out on others?
15
A:
Absolutely not.
16
Q:
Did you have run-ins with members of the
17
media sometimes?
18
A:
Run-ins?
19
Q:
I mean, well, let's say, run-ins,
sort of
20
situations that became public, or was there more than
21
one, or was it one, or--what led to this image?
22
that's really, you know, this issue that you were being
23
asked by counsel, what created that atmosphere?
24
A:
I guess
What created it was a young driver that

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175
poured fuel on a fire.
Q:
[Interposing] Are you that young driver?
A:
I'm that guy.
Q:
Okay.
A:
Ami talking third person?
Q:
That's okay.
A:
When stories would be written and I knew
that they were false,
I would point out to certain media members or to certain
In my young twenties--
I'm sorry.
Well, tell me about it.
it was tough to accept them, and so
10
situations, that that necessarily wasn't the truth,
11
because it bothered me.
12
13
14
Q:
So how would you do that?
Would you do it
quietly like you're doing now?

A:
Well, there's--yeah, of course, you would
15
talk to them.
16
would have a moment--I would have a moment on track, and
17
then they would take it out of context and completely
18
take it in a new direction.
19
wasn't really how the story went.
20
Q:
And then in the heat of the battle, you
Well,
And I'm like, well, that
I was wondering if your manner in
21
dealing with people sometimes like that was similar to--
22
do you remember Ms. Driscoll's attorney going through a
23
series with you--I think it's the second day.
24
first--maybe it was the first day.
No, the
The first or second

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176
day of testimony, where you go through your explanation
of something, and then you say, now are you up to speed?
A:
going to correct you.
[Crosstalk]
Q:
Do you remember?
A:
Yes, sir.
Q:
Is that sort of the way sometimes, you
10
That was the second day, but I wasn't
would deal with the media or so?
Because that's kind of
a phrase of sarcasm, isn't it?
11
A:
It is.
It's when I felt like there was
12
the open truth right out in front,
13
wasn't portrayed that way.
14
that.
15
16
Q:
and yet, it still
I have a shorter temper with
Is that something that you've learned,
that you ought to try to correct?
17
A:
Yes.
18
Q:
Do you work on it?
19
A:
20
Q:
Do you always succeed?
21
A:
I do not.
22
Q:
Okay.
do.
Now, let's go to, if we can, to the
23
period of time of 2014, and more particularly, your
24
relationship with Ms. Driscoll.
You described a very

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loving, equal relationship, in your mind, in the
beginning, did you not?
A:
Yes, sir.
Q:
And did you begin to question that and
change your mind about it and whether it was the right
thing for you?
177
A:
I did question it.
Q:
When did you start doing that?
A:
It was Spring of 2013.
10
Q:
Okay.
A:
Everybody always says there's a straw that
11
12
Was there a particular occasion or
what?
13
breaks the camel's back.
14
with the different situations that would come up and her
15
accusing me of certain things.
16
ultimately, schedule was being controlled,
17
was falling victim to wherever she needed me to be, and
18
ultimately, my race team was the one that was sacrificing
19
me not being there.
20
And when racing isn't first in my life, that's when I
21
begin to question certain things.
22
Q:
Okay.
But for me,
I was very patient
And the way the,

I felt like I
I needed to be there for my team.
And during this timeframe, did you-
23
-you've heard the testimony that--from her, that ya'll
24
would break up and get back together, that ya'll would

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have arguments and then reconcile.
A:
178
Is that accurate?
There wouldn't be break-ups and then get
back together.
would have with one another about, you're controlling my
travel and my schedule.
that I need my space until Monday, and we'll talk.
7
8
Q:
There was standard arguments that we
I had a bad race and you know
You heard her say that there had been one
other physical encounter before September 26th, right?
A:
I heard that.
10
Q:
Is that true?
11
A:
Absolutely not.
12
Q:
So did you in any way physically abuse her
13
sometime in 2012, like she testified?
14
A:
I did not.
15
Q:
As we move into the Summer or Fall of
16
2014, had you ever in any way physically abused her?
17
A:
No, sir.
18
Q:
Now, during this time you met her, did
19
she--did you have a certain image of her and belief about
20
her and so, based on things she told you, that affected
21
the way you perceived her and her place in the world?
22
23
24
A:
I did have an image in how I perceived
Q:
And what was the image, and what was it,
her, yes.

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179
and why was it?
I can break that down, but let me do it
this way.
When did you first begin to hear these things
from her?
That's question number one.
When was that?
A:
The first night.
Q:
The first night you were together.
A:
That we met.
Q:
That you met, so that would be four years
before this incident?
A:
Yes, sir.
10
Q:
11
A:
That she was a mercenary and that she
September of 2010?
12
killed people in certain capacities, and I thought that
13
was exciting.
14
Q:
15
incredulous about it.
16
you--did you believe her?

A:
17
18
What did she say to you that made
I didn't believe her, and she showed me
pictures on her phone of different photos.

Q:
19
20
Yes, some people would say--would be
meeting?
What did she show--this is all at a
Where was this?
21
A:
This was at Walter Reed Medical Center.
22
Q:
And what was the occasion for being there?
23
A:
It was a NASCAR function where the
24
drivers, team owners, sponsors had the change to visit

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180
our wounded soldiers, and it was at the dinner event that
evening, and she sat down next to me.
Q:
And the best you can tell, tell me exactly
what she told you and how it worked its way into the
conversation.
A:
It was one of those unique moments in
life, where a relationship sparked, and she thought that
I was my little brother.

Q:
10
She thought that I was--
[Interposing] She thought--what's your
brother's name?
11
A:
Kyle.
12
Q:
And she thought that's who you were?
13
A:
Yes.
14
Q:
And what'd you tell her?
15
A:
I told her, no,
I'm Kurt.
And she said,
16
well, you're the one that denied meeting my troops during
17
this weekend's race.
18
meet a group of troops.
19
Sunday.
20
said, that's her group.
21
22
And I said, no,
I volunteered to
I'm here today, as well as, on
Some group, I don't know--oh, well--and then she
Q:
Okay.
And then how did it come about that
she told you that she was a mercenary?
23
A:
Well,
24
Q:
And so--
I got her to say, you're right.

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A:
181
[Interposing] That's a part in a
relationship that created a smile on both of our faces.
And then I asked her what she did for a living.
Q:
And she said what?
A:
She first stated that she ran the Armed
Forces Foundation, and that's why she was there.
Q:
And then?
A:
She also said that she had a defense
company and that she worked for the government in
10
different capacities.
11
Q:
And what was that?
12
A:
At the time, that evening, she just said
Did you ask her?
13
that she's a mercenary and that she killed people for a
14
living.
15
Q:
Well, what was your reaction to that?
16
A:
That was exciting.
17
Q:
And why'd you think it was exciting?
18
A:
I never met a mercenary before.
19
Q:
All right.
20
21
22
23
24
And so did she give you any
more detail that night of this supposed career of hers?

A:
Other than the photos that she showed me
on her phone--
Q:
[Interposing] And what was that about?
What'd she show you?

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A:
Dead people.
Q:
What do you mean, dead?
A:
Q:
Did she relay what caused these injuries
A:
That she was responsible for the head
to them?
8
9
People that were shot in the head, sitting
in a suburban.
6
7
I mean, what kind
of circumstances?
4
5
182
shots, and that she shot at a really far distance.
10
Q:
So after that night, did you see her some
12
A:
I did.
13
Q:
And did ya'll have other conversations
11
more?
14
during the time that you knew her, about this other
15
career of hers?
16
17
A:
There were numerous occasions when we
would talk about the different identities that she had.
18
Q:
Well, tell us what she would say.
19
A:
At one point, I was given a red carpet
20
tour of Fort Bragg.
21
Q:
What year was that?
22
A:
That would have been 2010, 2011.
23
Q:
All right.
24
Fort Bragg, what happened?
And this red carpet tour of

Was this something that

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183
somehow impressed you or reinforced that she was telling
the truth to you?
A:
There's the confidential information that
she always would tell me that she's not allowed to say
certain things.
levels of access behind the scenes, not only from me
being a NASCAR personality, and then opening the door for
a tour, but there seemed to be other locations that I was
taken to, that she seemed surprised by.
But on this tour,
I got to see different
10
Q:
Like what?
11
A:
Different places back behind the scenes,
12
where it takes certain access codes to get in behind and
13
to see.
14
Q:
And so from all--and did you go to a
16
A:
A shooting range?
17
Q:
Yeah.
18
A:
Yes, sir.
19
Q:
And did you shoot?
20
A:
I did shoot.
21
Q:
Do you remember what you shot?
22
A:
I shot within 4 inches or 5 inches of the
15
23
24
range?
center target
Q:
And how far--

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184
A:
[Interposing] Three times.
Q:
--away were you?
A:
Eight hundred meters.
Q:
So you're pretty good?
A:
I really thought that I did really well
Q:
And then what changed your mind?
A:
About shooting?
Q:
Yeah, about--did you compare it to her?
10
A:
No, she did not shoot.
11
Q:
Okay.
12
A:
But the other guy that was there, he shot.
13
Q:
All right.
14
A:
And he wore out the bulls eye.
15
Q:
And have you been shooting with her
17
A:
Not rifles like that day, but shotguns.
18
Q:
Okay.
16
that day.
before?
Now, at this time, 2010, 2011, give
19
the Judge an idea of the kinds of things that she said
20
she was doing as these extra duties, in addition to
21
running the Armed Forces Foundation.
22
A:
Her defense company specialized in
23
sensors, and there was a need for her to go to the
24
Mexican border a lot to-Ubiqus/Nation-Wide Reporting & Convention Coverage

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185
Q:
[Interposing] That's what she told you?
A:
Yes.
Q:
And what did she say she did when she
A:
That these surveillance devices were put
went?
in-place to track primarily human traffic, and that these
sensors would also symbolize if there were--they were
animals or vehicles moving.
her equipment, on how it would differentiate human
And that she was proud of
10
movement versus animals or vehicles.
11
not just in Mexico, but in Africa as well.
12
the 2010, 2011 period that you asked me about.
13
14
Q:
All right.
And this was done

That's around
And then what would happen if
something came up on these sensors?

A:
15
Well, that's the defense system that is
16
public and that everybody is aware that she owns and
17
operates.
18
Q:
Okay.
19
A:
But--
20
Q:
[Interposing] Did she--
21
A:
--you're asking about something--
22
Q:
[Interposing] Yeah--
23
[Crosstalk]
24
Q:
I'm trying to figure out--did she also

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186
describe to you, what her--activities that she had in
Mexico or South America?
A:
It's a tough subject to bring up because I
respect.the fact that she worked in the capacities that
she worked in, and told me that it was different
government clearances that contracted her to do these
things.
Q:
To do what things?
A:
To kill people.
10
Q:
Well, what did she say she did?
11
she say she did this?
12
A:
13
How did
I was led to believe early, that it was
long range, and then as--
14
Q:
[Interposing] What was long range?
15
A:
Like, the sniper rifle that I shot with
17
Q:
Okay.
18
A:
Then it turned into more of close combat
Q:
And did she say who she was killing in
16
19
20
21
her.
kills.
these close combat situation?
22
A:
Foreigners.
23
Q:
All right.
24
Did she ever talk to you about
illegal immigration on the border?

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A:
All the time.
Q:
What'd she say?
A:
Ultimately, she wanted her surveillance
187
",company to take off and to get a contract with the
government, to generate income with the sensors, but she
had her other side jobs that she would work.
Q:
And what were those side jobs?
A:
Killing people.
Q:
Well, did she talk about working
10
undercover in South America?

A:
Africa and Mexico is what I heard
13
Q:
Did she ever talk about or show you--
14
A:
[Interposing] You said South America, yes,
11
12
15
primarily.
you're right.
16
17
Q:
Did she ever talk or show you a scar she
had, running down her stomach?
18
A:
Yes,
19
Q:
What did she say to you,
21
A:
That it was stab wound.
22
Q:
Did she say where and how she got the stab
A:
It's right above her bellybutton, that
20
23
24
sir.
as to how she got
that?
wound?

Phone: 212-346-6666 *Fax: 888-412-3655
goes up to her sternum, and she told me that she was
stabbed on one of her missions.
Q:
And what kind of mission was she on?
A:
I would assume a dangerous one.
Q:
All right.
188
Were there times where she
would come back and describe injuries she had received,
to you?
A:
Yes, sir.
Q:
How did that happen?
10
A:
That there would be scrapes, and bumps,
What was that?
11
and bruises sometimes on her lower body, and sometimes up
12
on her upper body.
13
Q:
And you would see those?
14
A:
I would see those.
15
Q:
And what would she tell you those were
A:
That the mission went off course and that
16
17
from?
18
they had to divert, and there was all kinds of unknowns.
19
Sometimes it was scrapes on her legs from sliding down
20
hillsides, to bruises on her upper body and on her face
21
from close combat contact.
22
Q:
Well, did she describe and talk to you in
23
terms of any murders--or not--or killings she had done of
24
drug dealers?
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A:
Yes, she would.
Q:
A:
Do you remember seeing that CNN piece?
.4
Q:
What CNN piece?
A:
And then she would say, that was me.
Q:
Oh, she would say that something on CNN
had been her?
A:
Uh-huh.
Q:
Did she ever talk about any movies that
10
11
Yes, sir.
she said were about her?

A:
I knew she was--she showed me the
12
documentary right away, that was shown here in court,
13
more as a sales pitch on who she was.
14
Q:
Pocket Commando?
15
A:
Yeah, that was exciting.
16
Q:
Well--
17
A:
[Interposing] And, yes, there was other
18
19
189
movie and documentary things she was always working on.

Q:
Now, did you have friends and others
20
through all this, that tried to persuade you that she was
21
just BS'ing you and it wasn't true?
22
MS. MCNEICE:
23
THE COURT:
24
Objection.
Overruled.
Calls for hearsay.

It's not offered for
the truth of the matter that was asserted by anyone else

Phone: 212-346-6666 *Fax: 888-412-3655
who might have told him that.
a preliminary question.
Q:
Did you?
A:
Yes,
190
And I think it's probably
sir, I had other people tell me that
she was crazy.
Q:
But you didn't believe that, did you?
A:
No,
I had seen and heard.
Q:
I didn't believe it,
just due to what
When we get to September the 21st and
10
September the 26th, what was your mindset and belief as
11
to whether or not these things she had been telling you
12
all this time were true?
What did you believe?
13
A:
I believed that they were true.
14
Q:
And so what did you believe that she had
15
been doing for the last few years, even before she met
16
you, with a substantial portion of her life, and in terms
17
of outside, physical activity against others?
18
your thought?
19
A:
What was
That she was a trained contract killer,
20
that she had her own defense company, and that she ran
21
the Armed Forces Foundation.
22
Q:
Was there any doubt in your mind?
23
A:
No.
24
Q:
How would you--she's very short, would you

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191
agree?
A:
Yes, sir.
Q:
My daughter-in-law is the same height and
does .not like to be called, 5-foot.
She says she's 5'1".
But can you and I agree that she's around 5-foot?
A:
Yeah, she is 5-foot.
Q:
How would you describe her physical
condition and tone?
A:
Very muscular and fit,
10
Q:
And was she that way the whole time that
11
and very athletic.
you were with her?
12
A:
Yes, sir.
13
Q:
Would you all engage in any type of
14
15
physical activity, together?

A:
Camping.
We shot shotguns a few times.
16
We had a few mud run type of charity events together,
17
where you would run and then do an obstacle, a very
18
military-based type action.
19
Q:
How tall are you?
20
A:
5'11".
21
Q:
How much do you weigh?
22
A:
One fifty.
23
Q:
So if you had to describe your physical
24
body in terms of its development, how would you describe

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192
it?
A:
I'm fit.
I race racecars for a living and
I have a lot of cardiovascular that I do, to maintain my
fitness.leveL
-I'm more of a cardio, marathon type runner as a stature.

Q:
I strength train minimally,
just so that-
If you were to engage in a physical
encounter, an adversarial physical encounter during the
period of 2014, in your mind, how would you have viewed
your chances against her?

A:
I knew that she could take me down at any
12
Q:
And why did you believe that?
13
A:
Because she's a badass.
14
Q:
Is that what she would always tell you?
15
A:
In a roundabout way.
16
Q:
All right.
10
11
moment.
Now, when we go to the period
17
of 2014, what was your state-of-mind in terms of whether
18
you wanted to end the relationship?
19
A:
It was very firm.
20
Q:
And why had you decided that you wanted to
A:
Because I couldn't decide anymore, what
21
I wanted to end it.
end it?
22
23
the truth was, who she was, and where our relationship
24
was going.

Phone: 212-346-6666 *Fax: 888-412-3655
Did you still believe her about all these
Q:
193
things that you and I have been talking about, as far as
her side profession?
A:
MS. MCNEICE:
I did.
MR. BUSCH:
Q:
10
And when you say--in that time, had she
level of control she had begun to exert over your career?

Every month that went by, there was more
A:
and more control that she wanted to obtain.
Q:
13
14
I did believe.
sort of--how would you describe, in your own words, the
11
12
I didn't hear his
answer.
I apologize.
Well, why didn't you just walk away from
her and say, no?
15
A:
It added up to the point, to where I did.
16
Q:
What happened on the 21st in New
17
Hampshire?
First of all though, let me stop and give you
18
the predicate.
19
through New England after the New Hampshire race?
Did you two have planned, a trip to--up
20
A:
Yes, sir.
21
Q:
And what was going to happen--whose week
22
was that to have Houston, first of all?
A:
23
24
That would have been her ex-husband's
week.

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194
Q:
Okay.
A:
To have Houston.
Q:
And you don't know, one way or the other,
of course, what she represented to him, that ya'll were
going to be doing,
A:
do you?
I would have said she told the ex-husband
that we were on a trip that week.
Q:
Okay.
A:
And there was a business day involved in
10
it as well.
11
Q:
All right.
12
A:
The Thursday appearance at the Weather
Q:
That would be on the 26th--the 25th?
13
Channel.
14
15
that right?
A:
Yes,
17
Q:
All right.
19
up?
Is
Thursday the 25th?
16
18
And what was the business day?
sir.
Now, what made everything blow
Just tell us what happened on the 21st, that Sunday.

A:
With months and months adding up to me not
20
wanting to be with her, that evening--with the poor
21
performance in the race, it helped symbolize the fact
22
that I didn't achieve the results that I wanted to in the
23
racing circuit this year, this past year, and a lot of it
24
was due to the fact that I couldn't spend enough time

Phone: 212-346-6666 *Fax: 888-412-3655
with my team and the team members.
Q:
Why not?
A:
Because I was continuously directed to
Maryland or to different functions that she would
schedule.
I want to be in my racing career, and you have led me
down a path that doesn't allow me to focus on the
racecar.
10
And I had enough and I said, this is not where
And I said, our relationship is through.

Q:
When did you tell her that and where were
A:
It was on--in the car ride on the way to
you?
11
12
195
the Boston Airport.
13
Q:
And were you on the way to Boston Airport
14
originally?
15
race in New Hampshire?
16
A:
What was your destination when you left the
The first stop was supposed to be Rhode
17
Island.
18
Island is to the east of Connecticut, and we were
19
supposed to go through Connecticut and then to New York.
I'm trying to go through geography.
20
Q:
Okay.
21
A:
Yes, sir.
22
Q:
All right.
23
24
Those were the three locations?
And when you were driving, did
you detour to the Boston Airport?
A:
Rhode
I did.

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
How'd that happen?
A:
I made the call in my mind that the
196
relationship was over and that we needed to separate.

Q:
Were the two of you arguing?
Was there
anything that led to that sort of crisp decision in your
mind?
A:
It was the vented frustration that has
been well-documented in this court, that was immediately
after the race, when we got in the car.
10
Q:
All right.
But let me--let's just walk
11
through that now, and forget about what other people have
12
said.
Are you talking about the rearview mirror?
13
A:
Yes,
14
Q:
Tell us what happened there.
15
A:
I tore it off in frustration.
16
Q:
And at what stage?
17
it.
sir.
Just walk me through
You get to your car--
18
A:
19
of getting in the car.
20
Q:
What do you do?
21
A:
I tore the rearview mirror off.
22
Q:
And did you say anything when you did it?
23
A:
I probably said that I'm really fucking
24
[Interposing] Within the first few minutes
What did you do, rather?
pissed off, and I wish that the race could have gone

Phone: 212-346-6666 *Fax: 888-412-3655
197
better, and that the fucking year could have been a lot
better.
3
4
Q:
All right.
Did you hit her with it as you
jerked it off?
A:
I didn't realize that I did, no.
Q:
So if you did, you didn't mean to?
A:
That's right.
Q:
And you don't know whether you did or not?
A:
I don't.
10
Q:
Okay.
What about a seatbelt, you heard--
11
did you do anything during your frustration,
12
seatbelt?
13
A:
Absolutely not.
14
Q:
At any time?
15
A:
At any time.
16
Q:
All right.
17
about her
I didn't realize those things
came off so easily.
18
A:
The mirror?
19
Q:
But once you take the mirror--once you
20
take it off, where'd you put it?
What'd you do with it?
21
A:
I tossed it in the backseat.
22
Q:
All right.
23
24
And so then where did you head
in the car?
A:
I was, at that time supposed to head to

Phone: 212-346-6666 *Fax: 888-412-3655
Rhode Island, and I detoured to the Boston Airport.
2
3
I told her that I was going to the Boston
Q:
[Interposing] What were you going to do
A:
I needed a public place to drop off and
Q:
Were you going to drop off the car or drop
separate.
10
11
A:
there?
8
9
Did you tell her what you were doing and
Airport and--
6
7
Q:
why?
4
5
198
off her?
What was your plan?
12
A:
13
as possible.
14
Q:
And what was she saying?
15
A:
This will blow over.
16
It's just a bad race.
17
like, no, you don't understand.
18
I'm going to fix what I have to fix with the race team,
19
and I am tired of not having my focus with the race team
20
down in North Carolina.
I was looking to get as far away from her
You'll be fine.
We'll get 'em next year.
I'm
I have to leave you if
21
Q:
What'd she say?
22
A:
She didn't get aggressive until she saw me
23
turn towards Boston Logan Airport.
24
of the 95 Freeway.
There was an exit off

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199
Q:
And then how did she get aggressive?
A:
She said, I can't believe you're going to
the airport.
this.
I can't believe it.
You don't need to do
Q:
And what'd you say?
A:
I said, I have to go to a public place to
separate because I know you're going to pull some sort of
shenanigan when it comes for me to get out of the car.
Q:
And what'd she say?
10
A:
She was still in disbelief that I was
11
going to the airport.
12
Q:
13
And why did you think that she'd pull some
kind of shenanigan?
14
A:
Because I know how she operates.
15
Q:
And how is that?
16
A:
It's to do the unthinkable, when you think
17
18
19
20
that you've got everything under control.

Q:
And so when you--did you stop the car at
some time or what?

A:
Just walk me through what you did.
It started getting heated when I was in
21
line with the departure lane for flights,
22
Car return.
23
24
Q:
and the Rent-A-
And so you were having to stand--drive and
sit in traffic?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
200
No, we were rolling the whole time, and it
came to a point to make a right-hand turn or a left for
departure flights,
return.
or a right or a left for Rent-A-Car
Q:
And what'd you do?
A:
just stopped right in-between the two,
at the fork in the road.
Q:
Was it in gear?
A:
I put it in gear and I got--I hit the
10
trunk button on the door, to retrieve my belongings.
11
Q:
And then what'd you do?
12
A:
I tried to grab my bags out of the back,
13
but she drove away.
14
15
So did she go around,
or slide over, or
A:
She jumped from the passenger's seat to
what?
16
17
Q:
the driver's seat.
18
Q:
And what were you doing when she drove
20
A:
Standing there in disbelief.
21
Q:
Well, you've heard testimony about a
19
away?
22
broken trunk handle.
23
handle?
24
A:
Did you have your hand on the trunk
Yeah, that was one of those plastic ones,

Phone: 212-346-6666 *Fax: 888-412-3655
201
if you're locked inside it, that you pull the handle.
Q:
Uh-huh.
A:
And that was the only thing that I could
grab because I was in astonishment that she was driving
off, confirming that the relationship had ended.

Q:
everything?
What was left--where was your baggage and

Did you get it?
A:
She drove off with it.
Q:
So what'd you do?
10
A:
I stood there for a second.
And I had the
11
clothes on my back.
I had my cell phone and my wallet.
12
And I thought that was it.
It's over.
And
13
I texted her and I said, I knew you'd pull a stunt.
Bye
14
forever.
She's done.
15
Q:
And so then where'd you go?
16
A:
I went to the terminal.
17
I went to go look
at flights.
18
Q:
Had you been drinking at all that day?
19
A:
No, sir.
20
Q:
Do you drink, again--did you drink any of
21
22
23
24
that weekend?
A:
I sat there at the airport bar, trying to
develop a plan, and I had a beer.

Q:
Okay.
Did you call somebody?

Phone: 212-346-6666 *Fax: 888-412-3655
A:
I was texted first by a close friend.
Q:
Tell me about it.
A:
He texted and said, saw that you had a
tough result.
I didn't watch the race.
202
How did it go?
Q:
And what'd you do?
A:
I texted him back and I said, it didn't go
well, the season has gone to shit.
I'm just at the
Boston Airport looking for a ride horne.
Q:
And what'd he do?
10
A:
As luck would have it, a friend of mine
11
from Las Vegas was in Boston.
12
the airport.
13
Q:
The guy you were texting?
14
A:
The guy I was texting.
15
Q:
All right.
16
He was ten minutes from
So as a result, what did you
do the next three-to-four days?
17
A:
I went and stayed at his friend's house.
18
Q:
In Boston?
19
A:
In the Boston Metro area.
20
Q:
Okay.
22
A:
No, sir.
23
Q:
When's the next time you heard from her?
24
A:
September 26th.
21
Now, did you contact Patricia after
that?

Phone: 212-346-6666 *Fax: 888-412-3655
All right.
Q:
203
So what was your intent at the
time you got to the Boston Airport, and what was your
belief in terms of the relationship and the future with
Patr:':cia.?
5
6
A:
That I just needed to pull the Band-Aid.
I needed to end the relationship--
[Interposing] Well, I heard that
Q:
relationship--I heard that phrase and we saw it in one of
the texts.
10
What does that mean, pull the Band-Aid?

A:
That means end the relationship.
That
11
means get out of the tough spot, in a sense.
12
Band-Aid means, all right, there's going to be blood on
13
the other side.
Just pull it and move on.
14
Q:
Do you literally mean blood?
15
A:
No,
16
17
Pulling the
I was just trying to draw an analogy
of a Band-Aid.
Q:
All right.
And in that time--by the time
18
you got out at Boston, had you done anything concerning a
19
seatbelt against her, whether it was wrapping it around
20
her, or pulling it on her, or anything like that?
21
A:
No,
22
Q:
Now, when you first heard from her--so
23
24
sir.
where were you when you first heard?

A:
I was in my motor home.

Phone: 212-346-6666 * Fax: 888-412-3 655
204
Q:
Which night?
A:
On Friday, September 26th.
Q:
Okay.
at all since the 21st?
A:
No, sir.
Q:
And what were you doing in your trailer
Had you tried to reach out to her
there, on that--you were supposed to race.
Friday night, is that right?
That was on a
A:
Yes, sir.
10
Q:
Had you had anything to drink that day?
11
A:
No, sir.
12
Q:
Did you have anything to drink that night?
13
A:
No, sir.
14
Q:
So this offense that we're here about, was
15
alcohol in any way related to that offense?
16
A:
No.
17
Q:
And so what did you do that night?
On
18
that Friday, did you practice, or do time trials, or
19
anything on Friday?
20
21
22
23
24
A:
I did.
There was practice, and then there
was time trials in the late afternoon.

Q:
So then at the time that you got your text
from her, what were you doing?
A:
I was watching a movie, and the movie

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205
ended in the unique fashion that it hit me spiritually,
with--I guess spiritually isn't the word.
emotionally, on how the result of the movie ended and
A.
It just hit me
.. what I was going through in my life, with a young, little
boy and a man leaving his significant other in the movie.
It was ironic.
So is the text message you sent accurate,
Q:
that you were crying?
A:
I was crying, uh-huh.
10
Q:
And do you cry at movies sometimes?
11
A:
This one was a tearjerker.
Q:
And what made it--made you cry, watching
12
normally.
13
14
that one?
15
relationship, to your own life?
16
I don't cry
It had to do with what, the relation to your
A:
It did, on the fact of her son, Houston,
17
and the fact that in the movie, Brad Pitt left his wife
18
to seek other adventures, and then circled back around at
19
the end of the movie, to see his boy grown up.
20
21
Q:
Okay.
Not having seen it, he left him and
then came back after he was grown?
22
A:
Yes.
23
Q:
And did you relate that son to Houston?
24
A:
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
In what way?
A:
The fact that he left the significant
206
woman figure in his life, with a child, at the beginning
of the movie, and then circled back around at the end, to
see the boy.
Q:
And what did that mean to you?
A:
That meant that I'm leaving Patricia, and
that if I ever have the chance to circle back around with
Houston, he'd probably have to be an 18-year-old man on
10
his own, if I ever wanted to see him again--if he wanted
11
to come and see me.
12
this.
13
14
Q:
I wouldn't approach him after all of
Were you in any way depressed and were you
thinking in any way of harming yourself?
15
A:
Absolutely not.
16
Q:
So if you had to describe your frame of
17
mind at the time you received her text, besides the fact
18
that you were crying over this movie, how would you
19
describe it?
20
A:
There was a confused state on where I was
21
with my race team and how I needed to fix the things I
22
needed to fix with it.
23
between the qualifying session and going to bed that
24
evening, and the movie that came on was that such movie.
I needed a movie to pass the time

Phone: 212-346-6666 *Fax: 888-412-3655
207
And the reason why I watched it was because the lead
actor left his significant other at the beginning of the
movie.
_4
into the emotions of everything between September 21st
and September 26th.
And it was amazing how it all twisted and turned
Q:
So when you received her text message that
the Court has seen and reviewed, and you responded to her
that you were crying, having watched that movie and all,
did you expect her or want her to come over?
10
A:
No,
11
Q:
Did you ask her to come over?
12
A:
13
I did not.
just said that your timing was
impeccable.
14
Q:
And what did you mean by that?
15
A:
That she always seems to know what the
16
17
situation is.
Q:
Did you think these extracurricular
18
activities she's engaged--she engaged in, she told you
19
about and all that, gave her some kind of secret ability
20
to follow you or look at you?
21
state-of-mind?
22
23
24
A:
I mean, what was your
She always gave me a sense of, that she
was tracking things.

Q:
But you really have no evidence of it, do

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208
you?
A:
I don't have any evidence, no.
Q:
And you really didn't have any evidence--
A:
[Interposing] Other than she checked my
ADT account, with the cameras at my house, during that
week of separation.
Q:
What do you mean?
A:
My assistant, Kristy, talked earlier that
10
she had tapped into the password of the ADT account at my

house, to track activity.
11
Q:
When did she do that?
12
A:
Sometime during that week.
13
Q:
The week before the--I mean, the week
14
before--between the 21st and the 26th?
15
A:
Yes, sir.
16
Q:
Well, were you eating dinner while you
17
were watching this movie?
18
A:
Yeah, I had made some mac and cheese.
19
Q:
All right.
20
over, what'd you do?
21
22
23
24
And then after the movie was
A:
I picked myself up off the floor and went
Q:
What's your usual time to go to bed, if
to bed.
it's race weekend?

Phone: 212-346-6666 *Fax: 888-412-3655
209
A:
9:00, 9:30.
Q:
What time did you go to bed that night?
A:
9:00,
'Q:
A:
Yes.
Q:
And in this particular trailer and bedroom
9:30.
Do you generally sleep in the nude?
where you were, can you kind of draw a--and the picture
is in here for the Court to see.
with words, tell him basically, how it's set up?
But can you kind of

For
10
instance, if I'm walking in the front door, and I'll try
11
to keep my voice up, of the motor home, what's to my
12
right?
13
A:
If you walk in the front door, immediately
14
to your right is the TV and the windshield of the motor
15
home.
16
Q:
All right.
So we've heard testimony about
17
Houston.
18
Houston to watch TV, correct?
Ya'll have different versions of who took
19
A:
Yes, sir.
20
Q:
But whichever one of you it was, would
21
that have been that he ultimately, when we get to it in a
22
moment, would have ended up to the right, as you walk in?
23
24
A:
The door is immediately against the front
of the motor home.

Phone: 212-346-6666 *Fax: 888-412-3655
210
Q:
Okay.
A:
So if you come up steps and make a left,
now you're looking straight down the motor home.
Q:
Toward the bedroom?
A:
Towards the bedroom.
Q:
And the driver would be back this way?
A:
Yes, sir.
Q:
And the TV
A:
The TV is back behind it, yes.
10
Q:
Okay.
So when the Court sees some photos

shoots straight down, that would
11
that were introduced
12
be coming in the front door and looking to the left?
13
A:
Yes.
14
Q:
All right.
Now, in your motor home, when
15
you went to bed that night--by the way, how did you get
16
into your place?
17
18
A:
There's an entry code, that you press
buttons on the outside door.
19
20
I mean, do you have to have a key?
Q:
All right.
Does Patricia--or did Patricia
have that code from the past?
21
A:
Yes, sir.
22
Q:
And why didn't you change that code after
A:
I didn't expect to have to change the
23
24
the 21st?

Phone: 212-346-6666 *Fax: 888-412-3655
211
code.
2
3
Q:
All right.
when she arrived at your place--thank you.
MR. HARDIN:
Q:
Now, at the time, that day,
Well, that may not be a bad idea.
At the time she arrived that night, were
you asleep?
A:
Yes, sir.
Q:
And how long do you think you had been
10
A:
A half hour or 45 minutes.
11
FEMALE VOICE:
12
[Background Noise]
13
MR. HARDIN:
14
Q:
15
asleep?
Oh, thank you.
Thank you,
Judge.
When she arrived, were the lights inside
on or off?
16
A:
All the lights were off.
17
Q:
And again, you think you had been in bed,
19
A:
A half hour,
20
Q:
Had you fallen asleep?
21
A:
Yeah, I fall asleep very easily.
22
Q:
I'm going to give you a copy.
18
how long?
45 minutes.
Well,
23
of all, will you look at what we've marked as R-15,
24
tell me whether or not that reflects - -

Phone: 212-346-6666 * Fax: 888-412-3655
first
and
A:
MR. HARDIN:
A:
Yes,
212
sir, it does.
I move to introduce R-15.
The current drawing is how the motor home
was designed back in 2006.
Q:
Okay.
A:
And since then, we have done a remodeling
of the--what would be described on here as the short-hang
wardrobe, which is on the driver's side.
Houston's bunk.
10
Q:
Okay.
Let me ask you this.
That's now
Does this
11
accurately describe - - is there anything different on
12
this from when she came?
13
the Court admits this and looks at it, what would he - -
14
15
A:
What would be different?
That the kitchen sink is in a different
16
location, and that short-hang wardrobe is a bunk for
17
Houston to sleep in.
18
Q:
So if
Other than that, as far as the rooms that
19
are involved in this particular incident, would it be
20
accurate?
21
A:
22
MR. HARDIN:
23
24
Yes, sir.
All right.
Again, I'll move to
introduce R-15.
THE COURT:
Ms. McNeice?

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION, OF K. BUSCH BY R. HARDIN
MS. MCNEICE:
213
My objection is that, as he
indicated, this does not accurately reflect the interior
of the motor home at the time of this incident.
MR. HARDIN:
THE COURT:
Well, I mean-[Interposing] Do we need to take a
recess?
FEMALE VOICE:
THE COURT:
MR. HARDIN:
10
11
THE COURT:
Are you sure?
Okay.
I mean, I can-[Interposing] I apologize.
We've
had some extracurricular activity over there that--
12
MR. HARDIN:
13
THE COURT:
14
No, I'll take care of it.
I can break if---has resulted in a spill that may
need to be cleaned up.
15
MR. HARDIN:
16
THE COURT:
It won't bother me to break.

What we can do is, if the diagram
17
doesn't accurately depict how the motor home looked on
18
the occasion of the incident, we could have Mr. Busch, if
19
he has a--if he has the ability, we could have him modify
20
the diagram to accurately depict it--
21
MR. HARDIN:
22
to show and ask him-MR. BUSCH:
23
24
[Interposing] I mean, I'll be glad
[Interposing] Yeah, it's 99 percent
accurate.
Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
Okay.
So what we can do is, I
suppose we'll recess, so that we can have this spill
cleaned up, and then we'll come'back on--
MR. HARDIN:
THE COURT:
That's fine, Judge.

And we'll have Mr. Busch amend that
diagram for admission-MR. BUSCH:
7
8
[Interposing] Do you want me to do
that during recess?

THE COURT:
No, sir--
10
MR. HARDIN:
11
THE COURT:
Wait to do it while we're on the
13
MR. BUSCH:
[Interposing] Okay.
14
FEMALE VOICE:
15
[END 436261 20150112-1358 PART5.WMA]
16
17
[START 436261 20150112-1452 PART6.WMA]
18
FEMALE VOICE:
19
THE COURT:
20
FEMALE VOICE:
21
THE COURT:
12
Here--
record--
Be seated.
Nice job.
Thank you.
All right.
record.
23
Mr. Busch some water without ...
We're back on the
Everything is high and dry.
MALE VOICE:
Understood.
All rise.
22
24
214
We managed to get
Well, it was her water--

Phone: 212-346-6666 *Fax: 888-412-3655
THE COURT:
MALE VOICE:
THE COURT:
215
[Interposing] - - the witness-It wasn't mine.

Yeah, she didn't spill it.
the more important thing.
record, and I believe when we left off, Mr. Busch was
going to amend the document that's been proposed, but
objected to, to sort of more accurately depict what the
motor home interior looks like.
MR. HARDIN:
10
So we're back on the
Thank you, Judge.
I don't need to
belabor it.
Q:
11
12
Okay.
That's
And if you would just look at it?
And do
you have a pen with you or do you want to--
13
A:
[Interposing] I do not have a pen.
14
Q:
All right.
Here, take this.
On this
15
second copy here, sort of mark what's different on 15
16
now, than what's on that diagram.
17
A:
18
THE COURT:
Okay.
And once you've drawn in the
19
differences, sir, what we can do is, we can submit that
20
to Ms. McNeice and Ms. Driscoll, and they can look at it
21
and see if there's any continuing objection to its
22
admission.
23
MS. MCNEICE:
24
THE COURT:
I'm sorry.
This is his change?
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
MS. MCNEICE:
And he made this--I thought you
said on the second page.
changes?
THE COURT:
4
5
MR. HARDIN:
MS. MCNEICE:
THE COURT:
I apologize..
Did he make any
I think the changes would be
reflected on the document.
That's okay, sir.
This matches your tie.

Thank you.
All right.
Is there a remaining
objection, Ms. McNeice, to the document?
10
MS. MCNEICE:
11
THE COURT:
12
13
216
No, thank you.

Okay.
It will be admitted.

Q:
14
Now, if you could, I'm going to ask you
15
just from where you're sitting--well, I've got an extra
16
one here.
17
18
19
MR. HARDIN:
I'm going to pass up to the Court,
where I put, S-15 [sic].

THE COURT:
If you can put another 15 on--
[Interposing] Yeah, whichever one
20
has been modified by the witness is the one that needs to
21
be admitted before me--
22
MR. HARDIN:
23
MS. MCNEICE:
24
MR. HARDIN:
[Interposing] - - 15
I'm sorry.
S-15?
S.

Phone: 212-346-6666 *Fax: 888-412-3655
MALE VOICE:
MS. MCNEICE:
MR. HARDIN:
THE COURT:
Q:
217
:R.
R.
Excuse me.
It's okay.
Now, my first question is, what you've
written in on there, that I think the Court has up there
with him, does that change any of the locale of anything
that we're going to be talking about, as to where this
happened?
10
A:
No, it does not.
11
Q:
Okay.
Now, when you walk in and you shoot
12
down to the--when we look at that diagram that the Court
13
has before it, would you describe, as you walk down the
14
hall--perhaps, you can hold it up and point with your
15
finger, where you would have walked--where you were
16
lying, why don't you put a KB?
17
THE COURT:
Okay.
If he's going to mark a
18
document, it needs to be the one that's being admitted
19
into evidence--
20
MR. HARDIN:
21
THE COURT:
22
MR. HARDIN:
23
THE COURT:
24
Q:
Fine.
And so I don't mind doing that.

All right.
If he wants to do that.
If you would, on the same document, write

22 Cortlandt Street -Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
218
in, KB, which is where you were when she got there.
right.
for the--where the two of you would have--ultimately be
standing when whatever encounter occurred?
me?
And then if you would, would you put a K and P
A:
Yes, sir.
Q:
Okay.
Just put a K and P.
Are you with
Okay.
Now, we
can give that back to the Court.

[Background Noise]
10
THE COURT:
11
Q:
12
All
here.
Thank you.
Let's walk through now, what happened
You're in bed, asleep.
What do you hear first?
13
A:
The door swing open.
14
Q:
And when they sling--when it slung open,
15
what did you--who said something first?
16
A:
I said, who the fuck is there?
17
Q:
All right.
18
that, right?
19
A:
Yes, sir.
20
Q:
I believe that's what she said.
So the two of ya'll agree with
But are
21
you absolutely insistent that you were asleep when they
22
came in, and not that you were awake?
23
A:
I was asleep.
24
Q:
All right.
And was there a response?

Phone: 212-346-6666 *Fax: 888-412-3655
219
A:
It's me.
Q:
Did you recognize the voice?
A:
Yes, I did recognize the voice.
Q:
So then what happened?
A:
She came storming into the bedroom area.
Q:
What do you mean, storming in?
describe that, what that means?
8
9
10
A:
To me, it meant walking briskly towards
the back of the motor home, with her son in her right
hand.
11
Q:
She was holding his hand?
12
A:
Holding his hand.
13
Q:
All right.
14
A:
To observe the room.
15
Q:
All right.
So now if--let's see if we
16
could create this room.
17
Houston have come in this way.
18
A:
Uh-huh.
19
Q:
Okay.
20
Let's assume that you - - and
Down the hall, all the way back
behind you, and then what?
21
A:
22
Q:
23
THE COURT:
24
Can you
Behind me?
Behind Ms. Driscoll, you're talking
about, when she walked in.

Phone: 212-346-6666 * Fax: 888-412-3655
MR. HARDIN:
THE COURT:
Q:
THE COURT:
220
Yes.
Okay.
As you sit there now-[Interposing] It's going to get
real confusing, if you get into pretending, sir.
MR. HARDIN:
Yeah.
Q:
So let's do this--
A:
[Interposing] The TV's behind Patricia.
The TV is behind her.
10
Q:
Okay.
11
A:
Yes.
12
Q:
All right.
The steering wheel and everything?
And so when she comes in,
13
which way is the bed facing?
14
perpendicular, or is it facing ...
Is it facing this way,
15
A:
It's perpendicular to the motor home.
16
Q:
Okay.
All right.
Now, when you get out
17
of the bed--or do you get out of the bed?
18
that way first.
19
first when she gets there?
A:
20
21
24
When they come in, who says something
I stayed in bed.
I sat up straight.
I'm
startled that there's an intruder in my motor home.
22
23
Let me put it
Q:
is.
Okay.
But now you know who the intruder
It's her, right?
A:
Yes.

Phone: 212-346-6666 *Fax: 888-412-3655
221
Q:
All right.
A:
At that time,
.Q:
Who turned the light on?
A:
I did.
Q:
Is that a side bed light?
A:
Yeah, there's switches in many locations.
Q:
All right.
A:
She said, it's me, which meant Patricia,
I had turned the light on to
see.
And who said what first?
10
and that she came in abruptly and aggressively to inspect
11
the bedroom.
12
Q:
I asked you what she said.
13
A:
Okay.
14
Q:
I didn't ask you to describe anything.
15
when she comes into the bedroom, what's the first thing
16
she says?
17
18
19
20
A:
I don't remember the first thing that she
Q:
All right.
said.
A:
Yes.
22
Q:
All right.
24
Once she came in--what about
Houston, did he come with her?
21
23
So
What was the first thing that
was said by either one of you?

A:
I know that I said, what are you doing

Phone: 212-346-6666 * Fax: 888~412-3655
here?
Q:
What did she say?
A:
I came to check on you.
Q:
Okay.
Did she say anything before you
did?
I don't remember if she said something
6
7
before I said, what are you doing here?
Q:
Yeah, but now we're going past that.
A:
Okay.
10
Q:
You just said, what are you doing here?
11
And she said, I came to check on you.
12
next?
Who said what
13
A:
I said, you don't need to be here.
14
Q:
So did you say anything else?
15
A:
I didn't at that time.
16
Q:
And what'd she say?
17
A:
She said, if we're through, you need to
18
tell Houston that this relationship is over, that you
19
need to man up and not be a coward.
20
Q:
And what tone of voice did she use?
21
A:
Similar to what I just used.
22
222
It was firm,
and it was a directed order.
23
Q:
And what was Houston doing?
24
A:
Standing there next to her.

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION' OF K. BUSCH BY R. HARDIN
Q:
How was he acting?
A:
He was quiet and attentive to the
Q:
What did you respond?
A:
223
situation.
;I.said that this is not a situation for
Houston.
Q:
'
So what'd
you do?
A:
I either had another point of discussion
Q:
Do you remember that,
A:
It would have been, you need to leave, and
with her.
10
11
12
13
one way or the
other?
that I'm not talking to Houston at this point.
14
Q:
Did you tell her that?
15
A:
I probably said--
16
Q:
[Interposing]
17
A:
Okay.
18
Q:
Just what you remember.
19
A:
I remember telling her that I will talk to
I don't want probably.
20
Houston in the off season, and that this is an adult
21
situation right now, and I will come afterwards and talk
22
to Houston, if you want me to do that.
23
Q:
So what did you do then?
24
A:
She demanded that I tell him right now,

Phone: 212-346-6666 * Fax: 888-412-3 655
that it was over.
Q:
And what'd she say?
A:
She said, tell him that this is over.
224
Tell this little boy that you won't be in his life.
Q:
She said that?
A:
Something of that nature.
Q:
What'd you say?
A:
I, at that point, got up and took Houston
to the front of the motor home, so that I could turn the
10
TV on, close the door, and then have an adult discussion
11
with her because I could see that she wasn't going to
12
leave.
13
14
Q:
How many times had you told her to leave
by that moment?
15
A:
At least three at that moment.
16
Q:
Okay.
17
In her case, you heard her testify
that she took Houston up to the front.
Is that true?
18
A:
That is not true.
19
Q:
So what did she do when you took him up
21
A:
She stood there.
22
Q:
Was she still in the bedroom?
23
A:
Yes, sir.
24
Q:
Okay.
20
front?
And then what happened after--well,

Phone: 212-346~6666 *Fax: 888-412-3655
how--did he willingly go with you?

A:
225
He did.
He obeyed and sat politely and
watched TV.
Q:
that TV off?
So what did you do then?
THE COURT:
Can you close
Just one second, so I can
understand where he was sitting.
Where the sort of
parts on the motor home, were they extended at this time-
10
11
MR. BUSCH:
would be on that--what is labeled as sleeper sofa.
12
13
THE COURT:
you, sir.
On the sleeper sofa, okay, thank
You may continue.
14
MR. HARDIN:
15
Q:
16
[Interposing] Uh-huh, yes, sir, he
I'm sorry to interrupt.
That's all right.
Now, when you came--did you--when you came
back, where was she?
17
A:
At the foot of the bed.
18
Q:
So did you say the bed was sort of running
19
like, perpendicular like this?
20
THE COURT:
21
orientation.
22
A:
23
24
Well, which is--
[Interposing] It depends on your
Who are you standing as, her?
She's
standing at the-Q:
[Interposing] Well, I'm first asking--!

Phone: 212-346-6666 *Fax: 888-412-3655
understand why you're confused.
this area, you come back in, you're reentering the
bedroom.
226
I want to make sure--in
A:
Uh-huh.
Q:
All right.
A:
Yes, sir.
Q:
Where was the bed?
A:
The bed is to my right, as I reenter the
10
Q:
All right.
11
A:
At the foot of the bed,
12
Q:
Okay.
13
A:
I walked by her and sat in bed.
14
Q:
You got back in bed?
15
A:
I got back in bed and covered myself with
16
room.
And where was she?
All right.
straight ahead.
Then what?
the sheets.
17
Q:
All right.
18
A:
We began talking again.
19
Q:
What was each of you saying?
20
21
Then what happened?
What did you
say and what did she say?

A:
I said that the relationship had ended and
22
that I needed to focus on my racing, and that the time
23
that I've been with you, my focus isn't 100 percent clear
24
on the race, and that I needed to be in North Carolina

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION, OF K. BUSCH BY R. HARDIN
227
more often.
Q:
I want you to go back now and talk and--as
much as you can, demon$trate your tone and her tone.
would you tell me again what you said and the way you
said it?
So
A:
I told her that my racing had struggled.
Q:
No, I don't want you to say, her.
you to act as if you're doing it right now.

THE COURT:
10
Do you want him to reenact his
portion-MR. HARDIN:
11
12
I want
[Interposing] Yes, please, thank
you.
13
THE COURT:
14
MR. HARDIN:
15
THE COURT:
16
Q:
If you don't mind?
17
A:
And after hearing--everybody got to hear
--of this discussion?

Yeah.
Okay.
18
about my temper and everything else.
19
effort towards this situation and how calm I was, sitting
20
there, with the sheet laying over me, and I told her that
21
our relationship had ended, that it's through, and that I
22
needed to focus on my racing down in North Carolina, and
23
not be drug all over the United States doing different
24
appearances.
I was applauding my
I needed to get back into my routine and to

Phone: 212-346-6666 *Fax: 888-412-3655
228
live my life.
Q:
And what'd she say?
A:
She said there's got to be other reasons
4
5
. why you're ending this relationship.

woman?
Q:
What'd you say?
A:
I said, absolutely not.
in my life.
bit.
I do not need you
And you can see, I'm ramping it up a little
And I want to end this relationship.
10
11
Is there another
Q:
How was your tone?
Were you ramping the
volume up any?
12
A:
No, no volume.
It was again, adult
13
whisper of tone, because we knew that Houston was in the
14
other room.
15
16
Q:
Okay.
So both of you were observing the
tone moderation?
17
A:
Absolutely.
18
Q:
Okay.
19
A:
She said, you need to tell this little boy
What'd she say then?
20
that the relationship is over.
21
heart.
22
it's over.
You are breaking his
You're breaking my heart.
You need to tell him,
23
Q:
And what did you say?
24
A:
I said, I will tell him in the off season

Phone: 212-346-6666 *Fax: 888-412-3655
when this is all done and through.

So how long was this conversation that
Q:
you've relayed so far?
you think?
A:
5
6
229
How quickly was it being done, do
I would say that we're up to about the
seven-minute mark.
Q:
Okay.
A:
She opened the door to go grab Houston
again, and bring him back into the bedroom.
10
11
Then what was said next?
Q:
Had you told her any more times that she
needed to leave?
12
A:
Not during that exchange.
13
Q:
All right.
14
A:
When she went to go grab him,
15
Then what happened?

I was hoping
she would leave, and I yelled out, you should leave.
16
Q:
And what'd she do?
17
A:
She brought Houston back in the bedroom.
18
Q:
And what happened then?
19
A:
She said, you need to tell this little boy
20
that this relationship is over.
21
else was there to say, other than to take him back up
22
front.
And at that point, what
23
Q:
Oh, so you took him back up again?
24
A:
Yeah, I took him up a second time.

Phone: 212-346-6666 *Fax: 888-412-3655
And ~hen I came walking back by her,
closed the door.
this is when I cupped her cheeks.
3
4
Q:
230
All right.
Is this when the encounter
occurred, that we've been talking about?
A:
Yes, sir.
Q:
All right.
I'm going to have you pretend
that I am Patricia, and I want to--stand up, and I want
you to demonstrate on me, what you did,
A:
okay?
Absolutely.
10
MR. HARDIN:
11
permits - - could use that bar.
And I guess we--if the Court
12
A:
This distance here is the same distance.
13
Q:
Well, that's a good comparison.
14
A:
Yeah, maybe right here on the side,
15
towards the Judge.
16
Q:
17
MS. MCNEICE:
So-[Interposing]
I'm going to object
18
to his characterization.
19
outlines the exact distance between the wall and the bed-
We have a picture that clearly
20
21
THE COURT:
[Interposing] Okay.
Yeah,
I mean,
22
I can see, and certainly, he can characterize it.
23
think more than anything else, what this reenactment is--
24
intended to do was--is demonstrate the interaction

Phone: 212-346-6666 *Fax: 888-412-3655
231
between the parties, and not necessarily the space
between them.
So I'll allow it.
One thing, folks, if you're going to do that
kind of thing, what you're going to need to do is, you're
going to need to make sure that you're close enough to
the witness stand, to have your voices heard while this
is happening.
something, we need to be able to pick that up on the
record.
10
If someone is going to be describing
I'm not really sure whether that mic cord will
11
make it up to the edge of the bench, or not.
12
There you go.
13
MR. HARDIN:
14
THE COURT:
15
MR. HARDIN:
16
THE COURT:
All right.
- - over here
Thank you.
Okay.
Yeah, if you can do that?
And any
17
way you need to orient yourselves to make your voices
18
heard is fine with me.
19
Q:
20
All right.
Now, try to keep your voice
up, as well as, let's use this microphone.
21
A:
Yes, sir.
22
Q:
Now, who are you now?
23
A:
I'm me.
24
Q:
Coming back?

Phone: 212-346-6666 *Fax: 888-412-3655
232
A:
Yes.
Q:
You're coming back from the front?
A:
I put Houston back up front.
Q:
Okay.
A:
And this sliding door close to the
Q:
Okay.
A:
This is the distance of the bedroom.
Q:
All right.
10
A:
As I--
11
Q:
[Interposing] Where should I be?
12
bedroom.
direct where I should be.
13
A:
This is the bed.
14
Q:
Going from right to left--
15
THE COURT:
16
17
18
You
[Interposing] Okay.
You've
described-A:
[Interposing]
I've been laying here the
whole time.
19
Q:
20
THE COURT:
21
Q:
Excuse me.
We can't do here.
Okay.
We're going to have to do directions.
So
22
the head of the bed would be to your right, all right, as
23
you came back in.
24
A:
Is that correct?
Yes, sir.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
So as you walk in the room, the bed would-
-the head of the bed would be to your right?
A:
Yes,
Q:
All right.
would be to your left?
A:
sir, the head of the bed is to my
right.
And so the end of the bed
It still is to my right.
There's a
hallway that leads straight in-Q:
[Interposing] Okay.
10
now, for him and this recorder.
11
am I supposed to be, if I'm she?
12
A:
Keep your voice up
All right.
A little further in.
Now, where
So you're standing
13
next to the bed, between the wall and the bed, where
14
there's a small, 20-to-24 inch space.
15
16
17
18
19
233
Q:
And if you want to get back into bed, do
you come by in the front of me?

A:
That's how I have to get back in bed, is
to slide back by in front of you, yes.
Q:
All right.
20
then to do that.
21
for the record,
22
inches apart or so.
So I want you, if you would,
Now, as you're standing in front of me,

I think maybe we're talking about 6Does that sound about right?
23
A:
Yes, sir.
24
Q:
All right.
Now, what is she doing with

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION OF K.
A:
Q:
wall.
They're down by her side.

:Okay.
And I am sort of up against the
Was she up against the wall?
A:
Yes, sir.
Q:
Allright.
what did you do?
8
9
234
her hands as she's standing there?
BUSCH BY R. HARDIN
A:
And then when you went by her,
Keep your voice up.
I cupped her cheeks.
I looked her in the
eye and I said, you have to leave.
10
Q:
In that tone of voice?
11
A:
In that tone.
12
Q:
Did you push her head back against the
14
A:
I did not.
15
Q:
Did you slam her head against the wall?
16
A:
I did not.
17
Q:
Did you slam her head three times against
19
A:
Absolut~ly
20
Q:
Did you grab her throat?
21
A:
I did not.
22
Q:
Once you did that, what happened?
23
A:
I slid back underneath the sheet and laid
13
18
24
wall?
the wall?
not.
back down in bed.

Phone: 212-346-6666 *Fax: 888-412-3655
235
Q:
At any time, did you slam her head against
A:
No, sir.
Q:
At any time, did you attempt to hurt her?
A:
No,
Q:
At any time, did she act like she was
1
2
the wall?
sir.
afraid of you?
A:
No, sir.
Q:
At any time, did you have any intent to
10
assault or physically harm her in any way?
11
A:
Absolutely not.
12
Q:
What were you doing?
13
A:
I was sliding back into bed, telling her
14
that the relationship was over and she needed to leave.
15
Q:
So then you got back in bed?
16
A:
Yes, sir.
17
Q:
What did she do?
18
A:
She yelled out, this is far from over.
19
Q:
In what tone of voice?
20
A:
With an aggressive stance that directed
21
hurtful thoughts of, this is far from over.
22
know what that meant.
23
Q:
24
All right.
I didn't
Well, what did she say in
addition to saying this is far from over?
Did she say

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236
anything else before she went and got Houston?
A:
Yes, sir.
Q:
What'd she say?
A:
She said that I'm a fucking pussy and a
coward, and that this is far from over.
out of the bedroom, grabbed Houston, and went out the
door.
And she stormed
Q:
Where were you when she went out the door?
A:
I sat up in bed, hoping that the door
10
would close behind her and that she wouldn't be in the
11
motor home.
12
Q:
At any time that night, did you do
13
anything that should have caused her any physical fear or
14
alarm?
15
A:
No, sir.
16
Q:
After she left, did you send her a text?
17
A:
I got up out of bed and I relocked the
18
door.
19
stared at the ceiling for a while.
And I sent her a text after I sat there in bed and
20
Q:
And what'd you say?
21
A:
[Interposing]
Q:
What was the reason for sending her a
22
I don't recall the actual
text.
23
24
Do you--
text?
What'd you mean?

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237
What I meant was, is that I knew our
A:
relationship had ended, that I cared about her enough to
say that I would help her with her custody issues .
. Q:
A:
Yes, sir.
Q:
But there was a condition, wasn't there?
A:
I can see how that can get misconstrued
into a condition, yes.

THE COURT:
10
. _That's the one about custody, right?
I think we have the evidence
somewhere in this vicinity--
11
MR. HARDIN:
12
THE COURT:
[Interposing]
Petitioner's 2.
And that would be Petitioner's 2.
13
It may be on other exhibits as well.
14
the witness needs his recollection refreshed, we can
15
provide the exhibit.
16
17
18
MR. HARDIN:
But if we need--if
I can give him a copy, if that's
okay.
THE COURT:
We'll give him the one that's in
19
the record.
20
if that refreshes your memory about that text message
21
that you sent?
22
it is or isn't.
Sir, if you can review that and figure out
I don't have it, so I can't tell whether
23
MR. BUSCH:
Yes, Your Honor, it is.
24
THE COURT:
Okay.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
1
2
All right.
238
And would you read to the
Court, what you wrote her at 10:37?

A:
Yes,
sir.
Here is the deal.
I will only
.support.the Houston custody shit, if you cooperate with
our split.
unannounced hasn't been all that cooperative.
Leaving me stranded and then showing up
Q:
What did you mean?
What were you saying?
A:
What--
Q:
[Interposing]
10
A:
--I meant by saying this was,
I care for
11
Houston, I care for you, and I know that you've been
12
going through a custody battle, and I will help you with
13
that, but our relationship is over.
14
Q:
Well, doesn't this also say that you're
15
not going to help her unless she cooperates with you
16
about ya'll being split up?
17
A:
That's what it says, but to me, what I was
18
trying to convey is that,
19
when I sent this text.
20
What it meant was that I knew she'd be pulling
21
shenanigans.
22
Q:
And what'd you mean?
23
A:
Such as, leaving me stranded at the Boston
24
I didn't have anything to hide
There isn't anything to hide.
Airport, when she drove away with the car.
I mean, she

Phone: 212-346-6666 *Fax: 888-412-3655
239
jumped from the passenger's seat to the driver's seat
like a ninja.
way, you don't want to stand in front of that bulldozer.
4.
. Q:
And the way that--when she doesn't get her
Well, after that, did the two of you trade
some--by the way, we only have text messages that you've
been provided.
this?
text messages for a certain period of time after this
happens on September 26th?
Could you explain to the Court why there are only
A:
10
What did you do about your phone after
Yes, sir.
At a certain point, I don't
11
remember the date, but I realized my iPad was missing
12
from my backpack that happened to be in the car that she
13
drove away from me.
14
Q:
15
THE COURT:
16
Q:
17
THE COURT:
18
21st?
And so I had missing property.
Now, had you been-[Interposing] The iPad was in--
By the way-That was in your--in the car on the
Is that what you're saying?
19
MR. BUSCH:
Yes, sir.
20
THE COURT:
Okay.
21
A:
So I realized that my backpack was gone--
22
or the iPad was gone, and anything in the iCloud, with
23
your cell phone, the iPad, the computer, it all
24
communicates to each other.
So if I was writing notes

Phone: 212-346-6666 *Fax: 888-412-3655
240
and she removed the iPad from my backpack, then she could
see everything that I was writing down for notes.
that's why I had to get a new phone, and switch IP
addresses, and cancel that version of the Cloud.
Q:
Did you do that?
A:
Yes,
Q:
All right.
So
sir.
Now, at the end of the day,
when all this happened, when did you first become aware
that she was claiming that you physically assaulted--
10
[Background Noise]
11
A:
12
MALE VOICE:
13
A:
--a few weeks later.
14
Q:
Okay.
15
A:
Through rumors at the racetrack.
16
Q:
And who were you hearing it from?
17
A:
Quite a few individuals, people on my race
18
19
20
21
22
23
24
This would have been-I apologize.
How did you find out?
team, people on other race teams.
Q:
And what were you understanding that she
said you did?
A:
From them, they had said very vaguely,
that there was an altercation.

Q:
You didn't have the details of what she
was saying--

Phone: 212-346-6666 *Fax: 888-412-3655
A:
[Interposing] There was one other person
outside of racing that said,

Q:
241
Okay.
she said I assaulted her.
Now, during that time, did you have
conversations with a man who represented himself as her
lawyer, Mr. Dycio [phonetic]?
8
9
A:
I had a couple of exchanges with Mark
Q:
All right.
Dycio.
And how was it?
Were you the
one who started those exchanges?
10
A:
I reached out to him.
11
Q:
And why did you reach out to him?
12
A:
Because I thought, if I'm hearing rumors
13
that she's going to claim some bogus claim, that I would
14
need representation from a lawyer.
15
Q:
All right.
16
A:
I knew that he would be her first choice.
17
Q:
And so why were you going to him, if he
18
And why were you going to him?
was going to be her first choice?
19
A:
So that I could get him first.
20
Q:
Okay.
21
22
23
24
And so when you reached out to him,
what happened?
A:
He said that you're a day late, that
Patricia had already called.

Q:
Did the two of you start having

Phone: 212-346-6666 *Fax: 888-412-3655
242
conversations about possibly getting together?

A:
That's when he wanted to tell me,
I've
been through these situations before, the only person
that wins is the lawyer because we get all the money, and
you guys are going to spend money left and right to try
to settle this.
7
8
Q:
So is that when--did you take that to be,
he was trying to work something out with you, with her?
A:
That was the first conversation, yes.
10
Q:
All right.
And why was it and how was it
11
that you quit having those kind of conversations with
12
him?
13
A:
The second conversation I had with him was
14
to schedule an appointment to meet, and he began to ask
15
me some questions that I felt uncomfortable with.
16
17
Q:
And what do you mean, questions that you
felt uncomfortable with?
18
A:
Such as,
Patricia's demeanor, and how my
19
feelings were, and that you two needed to work this out
20
because.
21
Q:
All right.
And then at some time there,
22
you--did you then contact someone else and decide to have
23
them represent you?
24
A:
Yes, sir.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
Who did you contact?
A:
My longtime personal lawyer, John
Q:
Okay.
243
Caponigro.
And the Court has seen the
correspondence back and forth.
Mr. Caponigro tell Mr. Dycio that he was now representing
you and to deal with him?
8
9
10
THE COURT:
Just to sort of make the record
clear, I've only seen one piece of correspondence.
don't want anyone to be mistaken about--
11
MR. HARDIN:
12
mistake.
13
14
THE COURT:
15
And on your behalf, did
[Interposing] Oh, no, that is my
I appreciate it.
apparently from Mr.
I thought the others were in.
I've only seen one letter,

Dycio to Mr. Caponigro, and it is--
16
MR. HARDIN:
17
THE COURT:
[Interposing] Thank you.
Hold on.
That's in evidence, but I haven't
18
seen any other conversations between them, and I
19
wanted to make that clear to the parties, in case there
20
was some mistake about what is before the Court.
21
FEMALE VOICE:
22
MR. HARDIN:
23
24
just
It's Respondent's 2
Respondent's 2, may I ask,
is that
the October 13th letter?

FEMALE VOICE:
I've just got that it's a letter

Phone: 212-346-6666 *Fax: 888-412-3655
from - -
[Crosstalk]
MS. MCNEICE:
be Re,spon.dent' s 3.
There was--something was going to
It was never admitted.
FEMALE VOICE:
THE COURT:
10
MS. MCNEICE:
Yes.
Respondent's 3, he
That was never
admitted.
THE COURT:
12
MS. MCNEICE:
14
Actually, Respondent's 2 is some
initially said--was dated October 13th.
11
13
I have a letter - -
text messages.
8
9
244
Yeah, 3 is actually-[Interposing] Respondent's 6 is a
letter dated October 22nd.

THE COURT:
All right.
Oh, it is.
It's
15
unfortunately paper-clipped to something else that is not
16
Respondent's 6.
17
are correspondence between Mr. Caponigro and Mr. Dycio.
18
It is a letter dated October 22nd, 2014, and that's
19
Respondent's 6.
Yes, it is--the only letter that I have
20
[Background Noise]
21
Q:
All right.
I'm going to ask you, if you
22
would, to look at Respondent's 17 and Respondent's 18,
23
and ask you if you recognize these letters?
24
THE COURT:
And for the record, they haven't

Phone: 212-346-6666 *Fax: 888-412-3655
245
been admitted yet, those documents, but I guess that's
how that--they've been marked by Mr. Hardin.
those
Court, but rather,
look at, sir.
reference~
aren't to exhibits that are before the

doc~ments
MS. MCNEICE:
that Mr. Hardin wants you to
Okay.
FEMALE VOICE:
THE COURT:
[Interposing] That's as far as
we've been.
11
documents for the Respondent--
12
That's as far as the Court has admitted
MS. MCNEICE:
Thank you.
[Interposing]
I understand.
I don't have this document--
14
THE COURT:
15
MS. MCNEICE:
Okay.
Okay.
I have 17.
I don't have
16.
17
MR. HARDIN:
18
[Background Noise]
19
MR. HARDIN:
20
FEMALE VOICE:
21
I have
Well, we--
10
16
I don't have a 16.
a 15.
13
And so
Well, 16 ...
Did we skip one?
Did we skip 16--
[Interposing] Yeah, the next
one--
22
MR. HARDIN:
Is that the deal?
23
FEMALE VOICE::
24
THE COURT:
--then would be 16.
The next exhibit before the Court

Phone: 212-346-6666 *Fax: 888-412-3655
is 16.
MR. HARDIN:
MS. MCNEICE:
All right.
Thank you.
I'll just mark it.
You're going
to,ask to have it admitted?
Q:
All right.
I'm going to ask you to look
now, if you would, at Respondent's 16 and Respondent's
17, and ask
[Background Noise]
Q:
--if you recognize those letters,
10
correspondence back and forth between the respective
11
attorneys?
12
A:
Yes, sir, I've read both of them.
13
Q:
All right.
14
A:
Yes, sir.
16
Q:
Okay.
17
MR. HARDIN:
19
20
And were you aware of them as
they were being exchanged back and forth?
15
18
246
Then I will move to introduce, if
I may, Your Honor, 16 and 17.

MS. MCNEICE:
Okay.
I don't have anything
marked, 17.
21
MR. HARDIN:
22
THE COURT:
I know.
Ms. McNeice, once you've had an
23
opportunity to inspect the documents,
24
know your position--
just let the Court

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
MS ~''.'MCNEICE:
Here ybu go.
[Interposing] Okay.
h~ve
Do you
MR. HARDIN:
MS. MCNEICE:
MR. HARDIN:
Yes.
MALE VOICE:
What day was it?
MS. MCNEICE:
Of 17?
Uh-huh.
October 29th.
I only have just your statement here.
of this - - ?
This is yours here.
THE COURT:
11
MS. MCNEICE:
12
14
MS. MCNEICE:
15
THE COURT:
16
Resporident's 16 and
Thank you.
I have no objection
To 16 or 17.
Those will be admitted as
Re~pondent's
17.
[Whereupon, Respondent's Exhibits 16 and 17

were admitted into evidence.]
19
THE COURT:
22
Thank you.
Okay.
18
21
Where is my copy
as to the letter.
THE COURT:
20
I don't have this.
Ms. McNeice?
13
17
I have 16.
another copy of this one?
10
247
And they will be marked accordingly
and provided to Mr. Busch.

Q:
Now, if you would, if we look at
Respondent's 6.
23
THE COURT:
24
MR. HARDIN:
L6 or 6?
;I'm going back to the one--the

Phone: 212-346.!.6666 * Fax: 888-412-3655
only one that was in evidence ..
THE COURT:
MR. HARDIN:
248
6.
I'm just going to do it
chronologically, Your Honor.
THE COURT:
Q:
Okay.
If you look at Respondent's 6, were you
aware of this letter, telling him, Mr. Dycio that
represented - -
might - - no other way to call it, but a demand letter.
This is Mr. Dycio, and this is what
10
Are you aware of that?
11
time it came out?
Were you shown that letter at the
12
A:
Yes, sir.
13
Q:
Okay.
Now, at the time of this letter,
14
were you--had you been talking the two-or-three weeks
15
before that, with Mr. Dycio, trying to reach some
16
understanding of whether something could be headed off or
17
- - or something like that?
18
A:
Yes, sir.
19
Q:
All right.
20
demand in this letter, which is Respondent's 6, right?
21
A:
Yes, sir.
22
Q:
Okay.
23
24
And then Mr. Dycio makes the
Now, Respondent's 16 is a letter
from another lawyer, is it not, representing you?

A:
Yes, sir.

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
Q:
And tell him who Mr. Cattrell
[phonetic] is.
A:
All right.
249
These were some lawyers that worked in the
same jurisdiction as Dycio.
Q:
In Alexandria?
A:
In the Virginia, Alexandria area, yes.
Q:
And it is the response, is it not, to Mr.
Dycio's letter, talking about, this needs to be settled
to her satisfaction, correct?
10
A:
Yes, sir.
11
Q:
Okay.
And then were you still assuming at
12
that time, that--let me ask you.
13
know the details as yet, as to what she said--was saying
14
that you were supposed to have done on the 26th?
15
16
17
At that time, did you
A:
I did not know of any of those details
Q:
All right.
yet.
So you weren't aware that she
18
was claiming now that you had thrown her up against the
19
wall and grabbed her throat and so on?
20
A:
No, sir.
21
Q:
All right.
22
But you knew she was making
some kind of allegation of what?
23
A:
Extortion.
24
Q:
Well, she was making--that's--maybe you

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION. OF K. BUSCH BY R. HARDIN
250
misunderstood the question.
A:
Okay.
Q:
That's the way you took what she was
doing,
correct?
A:
Yes,
Q:
But did you know what kind of allegation
sir.
she was making, that you had done,
the level of your knowledge at the time as to what she
was saying?
10
11
A:
What was
My level of knowledge is that there was an
alleged incident that she was creating.
12
13
in general?
Q:
But what did you understand in your mind
at that stage, she was saying you did?
14
A:
That she said that I did?
15
Q:
Yes.
A:
She said that there was an incident in the
16
17
18
19
20
What did you think she was claiming
you did?
motor home.
Q:
Did you know the details of what she was
saying yet?
21
A:
I did not know the details.
22
Q:
Okay.
23
24
So at the time of these exchange of
letters in October, are you with me?

A:
Yes,
sir.

Phone: 212-346-6666 * Fax: 888-412-3655
251
Q:
Are going on, that we just looked, in
evidence, allthe way to the end of October, were you
aware of any specifics as to what she was saying you were
supposed to have done?
A:
Not the specifics, no, sir.
Q:
Okay.
Even when you had the oral
conversations with Mr. Dycio, did you know the specifics
of what she was saying you had done?
A:
No, sir.
10
Q:
Then when we look at--have you got in
11
front of you, Respondent's 17?
12
A:
Yes, sir, I have it.
13
Q:
At the time this letter arrived--you saw
14
this letter after he received it, did you not?
15
Cattrell did?
After Mr.
16
A:
Yes, sir.
17
Q:
This letter indicates, does it not, that
18
Mr. Dycio is supposedly not going to be doing anything in
19
the case any longer?
Is that right?
20
A:
That's the way it reads.
21
Q:
And if I take your mind back to when you
22
received this--your lawyers receive it on October the
23
29th.
24
any idea of the specifics of what she was contending you
At that stage, did you--even then, did you have

22 Cortlandt Street- 'Suite 802, New York, NY 10007
Phone: 212-346-6666 * Fax: 888-412-3655
had done?
A:
No, sir.
Q:
And the extent of your knowledge by the
252
end of October was that she was saying what?
A:
That there was an incident in the motor
home and that she needed to be handled--that she wanted
things done to her satisfaction is what I started to--
10
Q:
If you go to the
second page of Respondent's 6, do you have that in front

of you?
11
A:
I have 16 and 17.
12
Q:
You don't have 6?
13
A:
No, sir.
14
Q:
Okay.
15
page.
16
to do?
I don't have 6.
Look at 6, and look at the second
Does that document indicate what you're expected
17
A:
Yes, sir, that's what it says.
18
Q:
And what does it say they want you to do?
19
A:
It says here, as I am certain you can
20
appreciate, Ms. Driscoll's actions will in large part be
21
dictated by Mr. Busch's efforts to resolve matters to her
22
satisfaction.
23
Q:
24
be resolved?
Does it say what kind of matters need to

Phone: 212-346-6666 *Fax: 888-412-3655
DIRECT EXAMINATION' OF K. BUSCH BY R. HARDIN
253
A:
It does .not say that.
Q:
Up at the top, what does it say?
A:
This says--
THE COURT:
It says, division of property,
obligations, and resolution of personal issues that are
clearly best kept in confidence between the parties.
have -
10
Q:
I don't
[Interposing]
I've got the exhibit.
settlement of financial
Did you have any idea at that stage--it's
at the top of that--
11
A:
[Interposing]
12
Q:
It starts at the bottom and goes to the
14
A:
Oh, I see.
15
Q:
Do you see?
16
A:
Uh-huh.
17
Q:
So what did she--and she tells you what
13
18
I got it.
top.
the Court has just relayed, does she not?
19
A:
Uh-huh, yes, sir.
20
Q:
All right.
Now, even then, when she
21
talked about property issues, did you know what property
22
issues her lawyer was talking about?
23
24
A:
Some furniture, and some clothing, and
belongings.

Phone: 212-346-6666 * Fax: 888-412-3655
Q:
Okay.
A:
She still had my vehicle.
Q:
And what kind of vehicle was it?
.A:
Q:
And how much was it worth?
A:
It was a leased vehicle.
7'
Q:
All right.
A:
It's worth 140,000.
Q:
All right.
Did she still have your car?
... A Porsche Cayenne.
10
location or her house?
11
A:
Yes, sir.
12
Q:
All right.
13
A:
Toros LLC needed to be resolved as well.

Q:
17
was that created for?
18
A:
19
maintain her mansion.
20
Q:
24
All right.
And that was the LLC, and what
That LLC was created, so that she could
Okay.
Is that the name of the place?
When you say, her mansion, what does that mean?
22
23
And did you know of any other
I would have assumed the Dos [phonetic]
16
21
And was it still at her
things that needed to be resolved?
14
15
254
A:
That was a little sarcasm, but the name of
Q:
[Interposing] Let's try to avoid it, if we
it is--

Phone: 212-346-6666 *Fax: 888-412-3655
can.
A:
I'm sorry, sir.
Q:
Go ahead.
. .. ., . .,. . ,.,-., ...A:
255
Lilburn Mansion is the name of the address
at 3899 College Avenue.
Q:
Okay.
A:
Ellicott City, Maryland.
Q:
And so the name of the house or the name
And what city is it in?
of the development is--
10
A:
[Interposing] The name of the house.
11
Q:
Okay.
12
So she has a house with the name,
mansion, on it?
13
A:
Yes, sir.
14
Q:
All right.
Now, until she files on
15
November the 5th of 2014, did you have any knowledge
16
specifically of what she was claiming you had done?
17
A:
On October 29th, when we received the
18
letter back from Dycio to the Cattrell lawyer, saying
19
that--this is Dycio, given that I am not licensed to
20
practice law in either of these jurisdictions, I do not
21
believe I will have an active role in either the civil or
22
criminal proceedings.
23
Q:
24
Okay.
But it still doesn't tell you
specifically what she's talking about, does it?

Phone: 212-346-6666 *Fax: 888-412-3655
1
2
A:
No, but that's the first time that I got
wind of it.
Q:
256
sorry.
All right.
Well, now wait a minute.
I'm
I'm confused.
A:
I'm probably jumping ahead as a witness
and assuming.
because I had no idea there would be civil or criminal
proceedings coming.
But when I read that,
it surprised me
Q:
Oh, I see.
10
A:
[Interposing] So I still don't know
11
12
So you thought--
anything that--up to this point.

Q:
So at that stage, did you think that it
13
was just simply something the lawyers were supposed to
14
get down, and talk about property and stuff?
15
A:
Yes, sir.
16
Q:
Are you saying, even at that stage, you
17
didn't know she was going to file some criminal charge
18
against you?
19
A:
20
THE COURT:
Yes, sir, I did not know-[Interposing] Mr. Busch, if the
21
Court can direct your attention to the paragraph above
22
the one that you just read from, in Mr. Dycio's letter?
23
It refers to that civil matters, if they--as they exist
24
between our respective clients, will be addressed by the

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257
courts of North Carolina, and the matter of the assault
will be addressed by the Delaware court?
MR. BUSCH:
Yes, sir.
THE COURT:
Okay.
Q:
Is that the first time you realized--
A:
[Interposing] That's the first time that I
Q:
Okay.
realized.
8
9
Let's see if we understand.
Before
this letter, what did you think Mr. Dycio was talking
10
about, when they talk about an incident in the motor
11
home?
12
13
A:
That I asked her to leave, and that there
Q:
[Interposing] Are you saying that you
was--
14
15
didn't realize at this stage, that she was talking about
16
or claiming that you had assaulted her?
17
A:
I had no reason to believe.
18
Q:
You hadn't been told by anybody that
19
that's what the allegation was?

A:
20
21
alleging that there was an altercation.
22
23
24
I had heard people saying that she was
Q:
But they hadn't said anything about an
A:
No, sir.
assault?

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Q:
258
So when you got this, did you still have
any idea of what she was saying were the specific
elements of what you were supposed to have done?
A:
Not to the specific elements, no.
Q:
All right.
Now, when this arrived, did
ya'll have any more contact with Mr. Dycio or anybody - -
before the charges were filed?
A:
I don't believe so.
Q:
All right.
10
Any that you can be aware of,
is that right?
11
A:
Yes, sir.
12
Q:
All right.
Now,
I want to ask you several
13
things, and this is taken out of her allegation or
14
complaint that she filed here with the Court.
15
to read you things and ask you what's true and what's
16
not.
17
going to be you, was despondent after performing poorly
18
at a NASCAR qualifying race.
And I want
At approximately 10:00 p.m., the Respondent, that's
Is that true?
19
A:
What is despondent?
20
Q:
That's a good question, but I guess people
21
would define it differently.
22
frame of mind at 10 o'clock--
23
THE COURT:
24
A:
How would you describe your
[Interposing] Depressed.
At 10 o'clock p.m.?

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259
Q:
Yes.
A:
I was sleeping.
Q:
Well, all right, right before you went to
sleep, how would you describe it?
A:
Bummed.
Q:
Okay.
A:
Yeah, they didn't go all that well.
qualified 22nd or so.
Q:
Out of how many?
10
A:
Forty or so.
11
Q:
All right.
So despondent?
I
He was verbally abusive to her
12
and said he wished he had a gun, so that he could kill
13
himself.
Is that true?
14
A:
Absolutely not.
15
Q:
At any time that night, did you tell her
16
that you wished you had a gun and you'd kill--you'd like
17
to kill yourself?
18
A:
Absolutely not, no, sir.
19
Q:
Were you verbally abusive to her?
20
A:
I asked her to leave many times, but I was
21
not verbally abusive.
22
Q:
He repeatedly called her names, such as,
23
psycho, quote, "piece of shit."
24
names?
Did you call her those

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260
A:
No,
Q:
What did you say that would have reflected
sir.
on her psyche--
.A:
[Interposing]
Q:
--if it did?
A:
That she was a controlling woman, and that
I--
I didn't know what her capacity is and what her
capabilities are, as far as spying.
10
Oh, you did mention something about
A:
spying?
11
12
Q:
just said that there's always a feeling
of surveillance.
13
THE COURT:
Now, was this a part of the
14
discussion that you had on the 26th,
15
home?
16
MR. BUSCH:
Yes, sir.
17
THE COURT:
Okay.
18
Q:
sir, in the motor
And so that wasn't clear.
What I'm
19
reading you is her version that she swore to, that says
20
happened in the motor home, and I'm just asking you which
21
parts of this are true and which parts are not.
22
A:
Okay.
23
Q:
Okay.
24
So let me go back to that.
As part
of what she swore to, she said that he repeatedly called

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her names,
such as, psycho.
261
Did you call her psycho?
A:
No, sir.
Q:
Quotes around "piece of shit?"
A:
No, sir.
Q:
Did she use any of those phrases for you?
A:
No, she called me a fucking pussy and a
Q:
Okay.
7
8
10
coward.
He accused her of having spies
everywhere and having a camera on the bus to watch him.

Did you say that?
11
A:
No, I did not say that.
12
Q:
What did you mean--did you say anything
13
14
remotely connected to that line?

A:
I was using the phrase as far as, she's
15
always surveilling and spying on what I'm doing, and she
16
gives you that sense of all the time, watching you.
17
That's what it meant.
18
Q:
Okay.
He continued to rant at the
19
Petitioner about his teammates and other matters.
20
you do that?
21
A:
Absolutely not.
22
Q:
At any time during the 26th, when you were
23
24
Did
in your home, did you rant about any of your teammates?

A:
No, sir.

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Q:
At any time that you were talking to her
in your home on the 26th, did you talk about your
teammates, one way or the other?
4
5
A:
262
No, sir.
I just referenced that I needed
to be back in North Carolina more, to work with my team.

Q:
He suddenly jumped up and grabbed her face
with his right hand, and smashed her head three times
against the wall next to their bed.
Is that true?
A:
No, sir.
10
Q:
Did that happen in any way?
11
A:
No, sir.
12
Q:
The Petitioner pushed the Respondent away
13
and ran from their bedroom.
Did that happen?
14
A:
She did not push me away.
15
Q:
Where were you at the time that she left
16
your bedroom?
17
A:
Laying in bed.
18
Q:
She went to a nearby bus and put an
19
icepack on her head and neck.
20
that, one way or the other.
You wouldn't know about
21
A:
I wouldn't know about that.
22
Q:
All right.
She experienced severe pain
23
and difficulty breathing, as well as, bruising on her
24
neck.
Did anything happen while she was in your home,

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263
that would have caused :that?
A:
.Q:
No,
sir, nothing happened.
There's been testimony as to whether you
were interviewedby the police.
them an interview whenever you were contacted about this
matter?
Did you voluntarily give
A:
Yes, sir.
Q:
Did you .actually, through your lawyers,
ask to be able to be interviewed?
10
A:
Did I ask?
11
Q:
Did you ask your lawyers to volunteer you
12
for an interview, or do you know?
13
14
A:
willing to give an interview at any time.
15
16
Q:
Okay.
THE COURT:
MR. HARDIN:
20
THE COURT:
21
MR~
23
24
[Interposing] Okay.
Now, we're
talking about the text messages?
19
22
Now, I want to go to a few of the
emails the Court has before it now and--
17
18
I don't know if I asked or not, but I was
HARDIN:
Yes, sir.
Okay.
Do you have those, Your Honor, up
there?
THE COURT:
I have the text messages that have
been admitted before the Court, yes.
I have them in a

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264
number of different forms.
actually, Respondent's 1 appears to be some stuff that
was prepared by Mr. Busch's mother.
Respondent's 2, which is a conversation, a text--text
conversations between Ms. Driscoll and Mr. Busch.
also got--
8
9
10
MR. HARDIN:
I've got Respondent's 1--
I've got
I've
[Interposing] There's two that I'm
looking at.
THE COURT:
MR. LIGUORI:
Petitioner's 1 and Petitioner's 2.

Your Honor, respectfully, I
11
apologize, could you just--I thought I had been keeping
12
track of this.
13
that, like, R-1 is September 23rd, 2014?
Could you give us the dates as you say
14
THE COURT:
15
some--a September 23rd, 2014--
16
MR. LIGUORI:
17
THE COURT:
18
MR. HARDIN:
19
THE COURT:
20
MR. LIGUORI:
21
October 20th, 2014--
22
THE COURT:
No, Respondent's 1 appears to be
[Interposing]
'14.
--texts between Ms. Driscoll and-[Interposing] - - mother.

--Mr. Busch's mother.
And R-2 is October 8th through
[Interposing] It begins October
23
8th, 2014, 3:20p.m., with, FYI, I was put in a lame duck
24
situation today.
And then obviously, Petitioner's 1 is

Phone: 212-346-6666 *Fax: 888-412-3655
September--it begins September 21, 7:32 p.m.
Petitioner's 2 begins September 26th, 10:37 p.m.
3
4
MR. HARDIN:
265
And
For counsel, I'm going to give him
. a copy or a set of Respondent's 2.
If you have--
MS. MCNEICE:
MR. HARDIN:
Q:
Do you have Respondent's 2 in front of you
A:
Yes, sir.
10
Q:
And do you see--this is titled,
[Interposing]
Okay.
' ?
now, slr.
11
conversations with Patricia Driscoll.
12
us, these text messages?
13
A:
Yes, sir.
14
.Q:
All right.
16
A:
Yes, sir.
17
Q:
All right.
15
I do.
Did you provide
And these came off of your
phone?
And can you explain why they
18
don't go past October 20th?
19
than these, on the phone that you had?
Did you have any more, other
20
A:
No, sir.
21
Q:
Okay.
23
A:
Yes, sir.
24
Q:
Would there be other messages at different
22
So this is all that you had on your
phone.

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266
times, that you might have had, but that you didn't have
access to, to give us?
A:
I don't know if there are other messages,
but this looks complete to me.

Q:
Okay.
Now,
I want you to look real
quickly - - you can, for October the 8th, and start
really with October the 13th, where she informs you,
Kurt, lawyering up is going the opposite direction of
where I had hoped we would be at this point.
I'm sorry
10
you've chosen this path.
11
in helping us mend fences and set the clock back.
12
initial letter, was it not, that was sent to him, to Mr.
13
Dycio, was October the 13th?
Your attorney has no interest

The
Was it not?
14
A:
The original letter, yes.
15
Q:
The first letter that starts all this.
16
THE COURT:
17
MS. MCNEICE:
18
19
20
THE COURT:
I'm sorry.
Is that
[Interposing] There's no letter in
evidence-[Crosstalk]
22
THE COURT:
24
[Interposing]
in--an exhibit that's in--
21
23
I'm sorry--
The first letter in evidence is
October 22nd.
MR. HARDIN:
It was originally marked with

Phone: 212-346-6666 *Fax: 888-412-3655
another exhibit number.
My next exhibit is what?
THE COURT:
Well, we've gone through 16--17, I
MR. HARDIN:
[Interposing] This is 18, right?
Yeah.
Q:
MS. MCNEICE:
I'm going to show you ...
admitted in the past.
10
MR. HARDIN:
11
Can I have another exhibit list?
becl::ie:ve.,.. yes, 17 is the Respondent' s--
5
6
267
wasn't introduced,
12
Q:
I have this.
It was never
We had another number, but it
so we had to -
I want you to look at R-18 and see if you
13
recognize that as a letter that started communications in
14
writing between the lawyers.
15
A:
Yes,
16
Q:
All right.
17
A:
This is the first letter.
18
Q:
All right.
sir.
And this is from your personal
19
attorney, longtime agent and lawyer, Mr. Caponigro,
20
right?
21
A:
22
MR. HARDIN:
23
24
Yes,
sir.
I move to introduce 18, Your
Honor.
THE COURT:
Ms. McNeice, did you need some

Phone: 212-346-6666 *Fax: 888-412-3655
time?
MS. MCNEICE:
I don't recall why it wasn't
admitted in the past.
I'm trying to ...
THE COURT:
4
5
If you need some time, just let me
know.
MS. MCNEICE:
look through my notes?
THE COURT:
MS. MCNEICE:
10
11
268
MR. HARDIN:
If I might just for one second,
All right.
It must have been under - I think this completes, Your
Honor, the list of correspondence - -
12
THE COURT:
Okay.
That's fine.
I just wanted
13
to make sure that since we're referring to things, that
14
everybody knows what we've got and what we don't.
15
MS. MCNEICE:
16
THE COURT:
17
Okay.
That will be admitted as
Respondent's 18.
18
19
I have no objection, Your Honor.

20
Q:
All right.
Now, I want to take you to the
21
emails.
22
talking about, Respondent's 18, was a letter, was it not,
23
of Mr. Caponigro to Mr. Dycio, informing him that he now
24
represented you, and everything should go through him?
Just to characterize, that letter that we're

Phone: 212-346-6666 *Fax: 888-412-3655
A:
Yes,
Q:
All right.
269
sir.
And then Mr. Caponigro,
so the
Court understands, added a local attorney, Mr. Cattrell,
in Alexandria, to help with this matter of dealing with
Mr. Dycio.
Is that a correct statement?
A:
Yes, sir.
Q:
So that whenever he looks at letters, if
he does, that have Dycio--I mean, Caponigro or Cattrell,
those are the two lawyers that were helping you, one,
10
your longtime, personal lawyer and another, a lawyer in
11
Alexandria, Virginia, just as Mr. Dycio was, correct?
12
A:
Yes, sir.
13
Q:
Okay.
And does that letter set out the
14
timeframe in which you began to get uncomfortable with
15
Mr. Dycio being your lawyer?
16
A:
Yeah, that's when there was the friendship
17
talk that turned into, I need to call my lawyer friend
18
and have him discuss things with him at that point.
19
Q:
All right.
So then at 3:20--at 8:28 a.m.
20
on the 13th, she sends you an email, does--or a text
21
message to you, does she not, saying, lawyering up is
22
going in the opposite direction of where I had hoped we'd
23
be at this point.
24
A:
Yes, sir.

Phone: 212-346-6666 *Fax: 888-412-3655
Q:
270
And I'm sorry you've chosen this path, and
your attorney has no interest in helping us mend fences
and set the clock back.
other.
that would have alerted you to the specifics of what she
was claiming you did?
A:
No, sir.
Q:
All right.
We need to do that for each
Now, had you received anything as of that time,
And she says, I thought when
you agreed to Mark helping us, we thought we could talk
10
through what happened.
11
just six minutes later, on the 13th, was what?
12
A:
And then your response to her
I'm sorry, but based on your actions and
13
the path you drove us into, this is what I felt most
14
comfortable with.
15
Q:
What did you mean by that?
16
A:
That she lawyered up with Mark Dycio, and
17
the fact that when he wanted to talk to me in a tone that
18
I couldn't understand because it was lawyer jargon, I
19
felt that I needed representation at that point.
20
21
the path you drove us into.
22
same thing.
23
24
And so
just used her same words as, based on your actions and
Q:
All right.
I just texted her back that
A minute later, she says, I've
been devastated, and lost, and hurt beyond belief, and so

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271
has Houston.
with a pain in my chest that doesn't go away.
she responds--that looks like it almost crossed, doesn't
it?
the same time, saying, what actions?
at all.
sat on my fucking hands, waiting on you.
response to her is?
I wake up sick to my stomach every day,

And then
Because then she responds to your last email around

I've done nothing
And then she goes on to say a minute later, I've

And your
A:
I'm hurt too.
10
Q:
So then within a matter of minutes, she
11
writes back to you, this is the path you've chosen, not
12
me.
13
never wanted what happened.
14
have come to me, called me, anything.
15
hearing here about you staying away from her?
I never wanted any of this and told you as much.
You, at any point, could

Well, isn't this
16
A:
Yes, sir.
17
Q:
And whether you abused her?
18
A:
Yes, sir.
19
Q:
But in October, before she ever files
20
these charges, three weeks after September 26th, what is
21
she complaining that you did not do?
22
23
24
A:
She complained that I didn't call her or
approach her.
Q:
Have you heard her testify that during

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272
this timeframe, she's supposed to be deathly afraid of
you?
A:
Yes, sir.
Q:
Then she goes on to say that I never
wanted you to hurt.
that.
I always loved you too much for
And then what did you say?

A:
It's on different pages.
said in response.
words, so let me say this.
Here's what I
You know me, I'm not the best with

I have a big heart for you
10
and Houston, and I want what is best for all of us.
11
don't see a relationship for you and me in the future,
12
and I want us to work together to put this down the right
13
way.
14
Q:
And then in what looks again like kind of,
15
16
THE COURT:
I think those next two passages are
17
kind of in reverse order.
18
with the second one, and follow it with the first,
19
feeds right through.
20
MR. HARDIN:
21
THE COURT:
22
If you read them, beginning

it
I think you're right.

I mean, it looks like the
technology just got them jumbled.
23
MR. HARDIN:
24
Q:
I would agree with the Court.
She points out to you, don't just dump

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273
your family.
You don't treat people you love, the way
you did in New Hampshire, and definitely not like Dover,
when we came--just came because we love and care about
you, down below.
Do you see where it skips?
A:
Yes, sir.
Q:
Then after that shit, you threatened my
She says, you lied to me and kept lying to me
custody.
about our future, before New Hampshire, and I believed
you.
It was all lies.
10
A:
What did you tell her?
I responded immediately and said, there
11
are no lies here.
12
promise you, there is no other woman.
13
independent soul right now.
14
Q:
I was unhappy for a long period.
I am a lost,
And the reason you said no other woman is
15
16
sure I believe you, at 8:54.
17
with your ex, then there's someone else and probably has
18
been.
19
right.
She goes on at some length, and then you write
20
in, no,
I just pulled the Band-Aid.
21
that?
If you said it was deja vu
I was just too blind and in love to see it.
All
What did you mean by
22
A:
That meant that I ended the relationship.
23
Q:
And she goes on, does she not, on that
24
same morning, into 9 o'clock at some time, and says, you

Phone: 212-346-6666 *Fax: 888-412-3655
lied every time you looked me in the eyes and told me how
in love we were, and when .you would show me your
happiness and laugh, when we planned our future and
. 4.
--~-
--
------
-"-
--
274
talked about it all the time, looked at land, discussed
finances.
And she goes on and then says, I believed all
of it and always trusted you.
until Dover.
that I was only here to work for you.
she talking about here?
I believed every word
I should have known at the Indy Banquet,

And then what is
You failed to mention your
10
family in your speech, the person who did everything for
11
you, me.
12
really believed you when you said I was the reason for
13
your success, saved your life, and your
14
believed your tears.
When you ran outside crying afterwards, I
forever.
What is she talking about?
-15
16
Q:
[Interposing] In which year, 2014?
17
A:
2014.
18
It was a one-off race that I raced
in, and there's--
19
Q:
[Interposing] It was a what race?
20
A:
Just a one-off race.
21
It wasn't part of
the NASCAR circuit.
22
Q:
Okay.
23
A:
A lot of work, and effort, and time went
24
into running this race, along with another race on the

Phone: 212-346-6666 *Fax: 888-412-3655
same day.
to go up to a podium and give a speech.
275
The next day is a banquet and all drivers get
Q:
And did you?
A:
I did.
Q:
And what was she upset about?
A:
The fact that she didn't get mentioned in
the speech.
Q:
Okay.
What is she talking about, you ran
outside crying afterwards?
10
A:
When I finished my speech, which I did off
11
the cuff--I didn't prepare a speech or read from a
12
teleprompter.
13
walked off stage,
14
mention her name.
---------------~-~I-5
___ ----- -----
--~-----
------
just spoke from the heart.
And when I
I saw her and I realized that I didn't
Q:
And so it upset you.
16
A:
It upset me, and so I went outside.
17
Q:
And you felt like you should have
18
mentioned her name.
19
20
A:
I felt like I should have, but something
told me that I didn't need to.
21
Q:
Okay.
That was June.
22
what we accomplished together.
23
I've just been here to work for you.
24
idiot.
You have fucked me up.
She says, I saw
I didn't realize that

I feel like an
I've had a very hard time

Phone: 212-346-6666 *Fax: 888-412-3655
functioning.
down on me.
because I have to be somewhere.
can't eat.
wake up sick to my stomach.
276
On top of that, everything bad has poured

I walk around in tears or like a zombie
I'm a fucking wreck.
I try, but eat little, if anything at all.

Do you respond to that?
A:
No, sir.
Q:
Why not?
A:
Because I know that she's rambling on now
about being broken up and not having me in her life
10
anymore, and that I don't need to show a response.
11
need to show definition that it's over.
12
Q:
So what is this exchange, October the
13
18th, that's there, where you say, is Houston in bed yet?
14
Can we talk?
15
A:
Why did you do that?

That was when there were so many rumors
16
circling at the track, about what she was beginning to
17
demand.
I had to find out what that was.
18
19
Q:
concerned about?
20
21
And what do you mean?
What were you
What was she trying to demand?
A:
Extortion, money, property, whatever she
Q:
Well, now we have the letters of the
wanted.
22
23
lawyers.
24
Do you got 'em in front of you?
Let's go back and look at the dates of those.
Ubiqus/Nation-Wide R_eporting & Convention Coverage

Phone: 212-346-6666 *Fax: 888-412-3655
277
A:
They're all in chronological order.
Q:
So you hadn't received the letter at that
time, of October the 29th, correct?
A:
No, not at that time, no.
Q:
All right.
And had you been told that she
was alleging at that time, that you assaulted her, if you
know?
8
9
10
11
A:
I don't know what she was claiming.
All
that I had heard, that people had enough courage to tell

me, is that she said there was an incident.
Q:
Okay.
And so when you called--when you
12
texted her on the 18th, and then--at 5:26, and then 30
13
minutes later, when she hadn't responded, what did you
14
write to her?
15
A:
16
that you have chosen.
17
Q:
18
19
I said, time has passed.
I see the route
Now, what did that mean to you?
What was
the exchange about?

A:
I just took a cut-and-paste from earlier,
20
when she said, I see the route that you have chosen.
21
what it was in regards to was all of these alleged people
22
talking about the property she wanted, money, and for me
23
to come forward and talk to her as a human and not
24
through lawyers.

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But
I'm not suggesting that it's true or not,
Q:
but what--had you been told she wanted up to $3 million?
A:
Yes, sir.
Q:
And do you recall who told you that she
278
had said that?
MS. MCNEICE:
MR. HARDIN:
Objection.
It calls for hearsay.
Only that--whether it was spoken,
not whether that's true, whether she was seeking it, but
was he hearing it?
10
11
12
THE COURT:
if it's not meant for the truth of the matter asserted?

MR. HARDIN:
13
his state-of-mind.
14
different areas.
15
Why is it before the Court at all,
THE COURT:
Because it affects his concern and
I mean, it's an exception in two
It will be admitted for the sole
16
purpose of determining any impact that it may have had on
17
Mr. Busch's state-of-mind, not for the truth of the
18
matter that may have been asserted by persons not present
19
to testify.
20
Mr. Busch?
MR. BUSCH:
Yes, Your Honor.
It was told by a
21
disgruntled employee of hers, to me, Matt Ballard
22
[phonetic] .
23
24
Q:
Now, is that the same man that we've heard
turned in a car up in New York?

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279
A:
Yes, sir.
Q:
And is it the same man that we heard
testimony in which--from her, that we supposedly
threatened and bribed him?
A:
Yes, he was on that list.
Q:
And what was his role with her, or is his
role with her?
8
9
A:
He's the PR director at the Armed Forces
Foundation.
10
Q:
Okay.
And then she writes back the next
11
day on the 19th, Kurt, what is it that you'd like to talk
12
about?
13
19th?
14
And would you explain your email to her, on the
A:
Mine is in response to her sarcasm of,
15
Kurt, what is it that you'd like to talk about?
16
sent this to her that morning, I
17
the troops.
18
that.
19
understand where we are.
20
heavily in the past few weeks.
21
just saw management talking with a Tier 3 driver, okay?
22
You have done your job as a cancer and it has to stop.
23
24
just finished meeting
Now, I'm at the driver's meeting.
You know
Tonight or tomorrow, we will have to try to
Q:
about?
And I
All right.
You have undermined me so

My job is in jeopardy.
Now, what were you talking
Why were you so upset?

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A:
280
Because there was a team member that
actually drove to the track overnight, from the Charlotte
area, a general manager of the team,
drive seven hours overnight to meet with me-MS. MCNEICE:
[Interposing]
and somebody doesn't
Objection.
Speculation as to the other person's state-of-mind in
making that drive.
MR. HARDIN:
THE COURT:
That's fine.
Well, actually,
no, this is Mr.
10
Busch explaining his own thought processes, and so I'll
11
allow it.
12
Q:
So let me go on.
So when you say you saw-
13
-what was going--let me back up for a second.
14
going on with you, as to, pressure from your team and
15
others, to get whatever this dispute between you and her
16
was, resolved?
17
people on the team and others contacting you to get this
18
resolved and take it off the table?
19
A:
What was
Were you having contact--I mean, were
Yes, sir.
Too many people knew too much
20
information about the situation, and it was uncomfortable
21
with me when team members would approach me on, are you
22
getting this resolved?
23
Q:
24
Where does it stand?
All right.
And so during that timeframe,
around the 18th and 19th of October, when you're talking

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2 81
about being at a ,meeting and so--and you think your job
is on the line, had you had--what was--in your view, was
the uncertainty of this matter and its existence
4.
beginning to threaten your job?
A:
Yes, it is.
Q:
And whydo you say that?
Without going
into what other people told you,
your own frame of mind and what was your concern?
A:
I want to talk about
The fact that the team notified me that I
10
was in a lame duck situation, and that I had to race for
11
my contract in 2015.
12
Q:
Explain to the Judge what that means.
13
A:
A lame duck means that you have a contract
14
for the current, upcoming year, which would be 2015, but
15
you don't have a guarantee of 2016 and beyond.
16
race for it, performance wise.
17
Q:
I have to
.And based on her involvement and all, how
18
familiar would you say that Ms. Driscoll is with NASCAR's
19
rules and reaction to things and your racing team's rules
20
and reaction?
21
A:
Very familiar.
22
Q:
And so when you're writing her here on the
23
19th--when did you become aware that she had sent a
24
screenshot back.on the 26th to people on your team, about

Phone: 212-346-6666 *Fax: 888-412-3655
you lying down and crying?
A:
I don't know when I became aware of when
she sent those screenshots.
in.
282
Q:
Information kept trickling
But was that kind of information that she
made available to them, part of what you were talking
about here?
A:
Absolutely.
Q:
When you say a Tier 3 driver, without
10
being uncomplimentary to anyone, would you tell what that
11
meant to you?
12
else, in your mind, what did that mean?
13
A:
When you saw your team talking to someone
That meant that they were going to take a
14
driver that doesn't have a fulltime contract, and put him
15
in the car that I'm contracted to drive, based off of
16
having too many allegations and unknowns around this
17
whole situation.
18
19
20
Q:
And when you say, you've done your job as
a cancer, it has to stop, what did you mean?
A:
That she's notified NASCAR, sponsors, my
21
team personnel, media members.
22
job, and every day that she spent was to figure out how
23
to undermine me, based off of me not communicating with
24
her directly and asking for .lawyer help.
She takes this in as her

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Q:
283
Do you know whether or not at that time--
and I don't want you to guess, so if you're uncertain,
please say so.
on any media reports on what's happened,
was yet--has yet, or your team was already trying to
investigate her allegation?
Do you know whether at that time, based
A:
I was not aware.
Q:
Okay.
that night.
~hether
NASCAR
Now, then she writes back to you
There are no troops we requested for you to
10
meet with.
11
mean by where we are.
12
or your team, or anyone near you.
13
had plenty of my own shit to deal with, cancer - -
14
wedding, and work, and a little boy trying to make sense
15
of it all.
16
stepdad, hasn't been around, and he's trying to
17
understand all this.
18
time on us.
19
she's afraid of you, does she?
I made sure of it.
I'm not sure what you
I've been nowhere near the track,

You know this.
I've
The guy who called himself, Houston's
This has been an extremely hard
She doesn't say anywhere in there, that
20
A:
No, sir.
21
Q:
So do you write back that night?
22
A:
I do not.
23
Q:
And the next day, what do you write her?
24
A:
I write back in the morning that Matt St.

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284
Jean [phonetic] works for you, right, aka Big Cat?
We
had a race dedication family and a gala, her D.C. gala
donation winner, meet and greet.
Q:
What do you mean by that?
What is that?
A:
That meant that there was an auction item
that I donated, to where somebody could bid on it, and
meet me at the track and get autographs and pictures,
that came through the Armed Forces Foundation.

Q:
10
What
did that mean?
A:
11
12
So why were you telling her that?
That we still continued to operate
business as usual with meeting the troops.
13
Q:
Okay.
So it says,
I know you haven't been
14
at the track, but you've intertwined yourself with people
15
via screenshots.
16
happened on the 26th?
17
A:
Yes,
Q:
Emails, texts, phone calls, social media,
18
19
Are you talking about the stuff that
sir.
It must have been around all of
that.
20
and too many people have knowledge about what propaganda
21
you, and you only, could be spreading.
22
respond to you?
23
24
A:
What did she
She responded by saying, it's my
understanding that you went up to the troops on the

Phone: 212-346-6666 *Fax: 888-412-3655
285
driver's meeting.
I had clearly instructed my staff to
no longer make requests of your time, after Dover, nor
bother you at your car.
family was scheduled many weeks ago, as well as, the gala
prize you offered.
I guess that race dedication
It won't happen again.
Q:
And you said?
A:
Okay.
Q:
And then she tells you - - I know a lot of
Thank you.
people and have longstanding relationships - -
I have
10
a relationship with NASCAR that is only growing, and I'll
11
be back at the track as I see fit, and in-between my
12
movie premieres.
13
about?
14
A:
What movie premieres?
What's that
It's a documentary on PTSD, and it doesn't
15
necessarily focus on her.
16
is beneficial for wounded troops to see.
17
moving movie on what PTSD does to our troops, and what
18
the Armed Forces Foundation is there to do, to take care
19
of our wounded who struggle with post-traumatic stress.
20
Q:
This is actually a movie that

And it's a
I work with a lot of other teams and
21
people who are truly invested in our cause.
22
business as usual.
23
the 20th, about where we are mean, and what propaganda
24
are you talking about?
It's
So what does your comment, this is on
Now, the texts that you have

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286
provided us, that's the last one, is it not?
A:
It's the last one.
Q:
Do you have any others, yourself, that you
are aware of?
A:
Not that I'm aware of.
Q:
Now, back early on, did she send you--did
she ever--let me ask you this.
you, that she was--besides the movie you've already
testified, any other movies that she testified about,
10
that she was starring in--or that it was really about
11
her?
12
13
A:
Did she ever claim to
She was under investigation for a current
movie that came out within a few years.
14
Q:
What was it?
15
A:
I believe it's Zero Dark Thirty.
16
Q:
Did she claim that she had any role in
17
18
what was depicted in Zero Dark Thirty?

A:
She said the female character in Zero Dark
19
Thirty was in fact her, but it was also other women in
20
the same arenas that she worked in.
21
Q:
Did she actually send you screenplays?
22
A:
Not of that movie, no.
23
Q:
[Interposing] No, not of that.
24
She--
movies that depicted her that way?

Phone: 212-346-6666 *Fax: 888-412-3655
Of other
DIRECT EXAMINATION. OF K. BUSCH BY R. HARDIN
A:
No, sir.:
Q:
All right.
[Background
MR. HARDIN:
287
N~ise]
I got it.
19, thank you.
At the time this was all going on, and up
through September 26th, and then all of this period, did
you still believe all those things she told you about
being an assassin and all that stuff?
Q:
I still believe it.
10
A:
As you sit there today, you do, don't you?
11
Q:
Yes, sir.
12
A:
And whether we or anybody else tries to
13
disabuse you of it, you still believe it, don't you?
14
Q:
Yes, sir.
15
A:
Let me ask you to look at Respondent 19.
16
THE COURT:
17
to read through the document?
18
thumbing through the pages, it's--
19
MR. HARDIN:
Mr. Hardin, did you want Mr. Busch

It looks like from his
[Interposing] Yeah, he doesn't
20
have to read it in detail.
21
and just make sure if he recognizes it.
22
take a break?
23
24
THE COURT:
I want him to glance through

Did you want to
Well, we can do that if either Mr.
Busch is going to need time to identify the document, or

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288
Ms. McNeice is going to need time to determine whether
she has an objection to it.

MR. HARDIN:
The latter may be true.
he's fine ..
enough to just look through it and make sure the pages
are right.
like.
recess.
I think he knows it well
But we'll be glad to take time, if you'd
THE COURT:
8
9
think he's fine.
I think
All right.
We're going to take a
And just let us know, Ms. McNeice, when you're
10
ready to determine whether there'll be some sort of
11
opposition to whatever document it is that Mr. Busch has.
12
MS. MCNEICE:
Okay.
When we come back, Your
13
Honor, I think that it's probably an appropriate time to
14
break, actually.
15
meeting or the next time?
16
need to schedule another time to come back.
If we could finish this at our next

It's 4:15 now, and I think we
17
THE COURT:
Okay.
Well, we'll sort of cross
18
that bridge when we get there.
19
recess, so the folks can examine whatever document that
20
is, and then we'll reconvene.
Right now, we'll take a
21
FEMALE VOICE:
All rise.
22
[END 436261_20150112-1452 PART6.WMA]
23
24
[START 436261_20150112-1622 PART7.WMA]

Phone: 212-346-6666 *Fax: 888-412-3655
FEMALE VOICE:
1
2
Family Court back in session.
Please be seated.
THE COURT:
289
All right.
Good afternoon,
..ev.er-yorre.
MALE VOICE:
THE COURT:
Good afternoon.
When we left off, Mr. Busch had
been handed a document to identify, and Ms. McNeice
hopefully was provided with a copy of that same document,
and we'll proceed from there.
10
Obviously, it's 25 after
4:00, so we're going to have to break sometime soon.

I will be available tomorrow, beginning first
11
12
thing in the morning.
13
colleagues has graciously offered to take that for me, so
14
I'll be available to continue this matter, if counsel
15
are.
MR. HARDIN:
16
17
THE COURT:
19
MS. MCNEICE:
We move to
Ms. McNeice?
I don't believe he's ever
identified it--
21
22
Thank you, Judge.
introduce R-19.
18
20
My PFA calendar - - one of my
MR. HARDIN:
hasn't.
[Interposing] That's true.
He
Do you want me to do that first--
23
THE COURT:
24
MS. MCNEICE:
[Interposing] It's okay.

But I know what it is.

Phone: 212-346-6666 * Fax: 888-412-3655
If he
wants to say what he thinks it is, I guess that's
probably relevant.
step.
that my client was writing with another person named
Sarah [phonetic].
name.
approximately five years.
8
9
290
But--or excuse me, just the next
My objection is that this is a portion of a story
I apologize.
I don't have her full
It is a story that has been in the works for
It is not relevant to the incident that

occurred in--on September 26th.
I'm not sure that--I
10
don't think there's any way that information in this
11
particular document will advance the Court's ability to
12
come to a decision on the ultimate question of fact.
13
14
15
16
17
THE COURT:
So you believe this to be some sort
of a manuscript?
MS. MCNEICE:
It is a manuscript on a fictional
work that my client was writing with someone else.

THE COURT:
Okay.
All right.
And, Mr. Hardin,
18
assuming that that is what it's proffered to be by
19
counsel, what's the relevance for today's proceeding?
20
MR. HARDIN:
It is this continued story, Your
21
Honor, about his frame of mind and why he would believe
22
the things he did.
23
point, why he would have had the state-of-mind he had on
24
the 26th, where he would not be intending to cause her
To include, of course, the major

Phone: 212-346-6666 *Fax: 888-412-3655
291
any bodily injury, both because that wasn't he, but also,
as you've heard him say, if he thought there was any kind
of physical confrontation, she would win.
This is a--June 14th of this past year, she
sends this.
Patricia Driscoll sends it to Mr. Busch, for
him to review and give her, her [sic] comments.
look at it--and I don't need to ask you to read it
obviously today or anything, but when you look at it, it
gives you a window into her mind of a story she's
When you
10
writing, that matches up with the kinds of bizarre things
11
~he
12
tomato and he says tomato.
13
would tell people.
I say, bizarre--he says--I say
Apparently, he believed this stuff about her,
14
and this is simply a reflection of it, that she asked him
15
to review and look at.
16
THE COURT:
All right.
So this is a manuscript
17
of a fiction work that Ms. Driscoll was working on with
18
some other person, that was provided to Mr. Busch at some
19
point in time, for him to review.
20
MR. HARDIN:
21
THE COURT:
June of this past year.

Okay.
All right.
So then the
22
matter will be--or the document will be admitted for the
23
limited purpose of Mr. Busch explaining how his exposure
24
to this document may have affected his state-of-mind at

Phone: 212-346-6666 *Fax: 888-412-3655
or around the time of the occasion of the alleged
incident.
MR. HARDIN:
MS. MULLINS:
THE COURT:
Q:
292

Admitted as Respondent's 19.
All right.
Mr. Busch, when you sent that, did you--
I'm not going to ask you much questions about it.
You've
10
looked at it and refreshed your memory as to what it is.
11
Is that correct?
12
A:
Yes, sir.
13
Q:
All right.
14
And this particular document,
did you review it when she sent it to you?
15
A:
I looked at it.
16
Q:
All right.
17
on you?
18
And what was the impact it had
What did you think when you saw it?

A:
That, again, this is her stories that she
19
wants to portray to a movie and a producer named Rick
20
Law.
21
going to look, and so these are scenes that they're going
22
back and forth on, with the premiere writer named Sarah.
23
24
That they're writing the story on how the movie is
Q:
movie was what?
And the general, overall theme of the

What was it about?

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293
A:
A badass woman that kills a lot of people.
Q:
And is that the way you believed she was?
A:
Yes, sir.
Q:
And still?
A:
Yes, sir.
THE COURT:
And, Mr. Busch, you were sent this
on June 13th, 2014, for you to review?
MR. BUSCH:
Yes, sir.
THE COURT:
Is that--
10
MR. BUSCH:
[Interposing] Yes, Your Honor.
11
THE COURT:
--correct?
12
MR. BUSCH:
Yes, Your Honor.
13
THE COURT:
Okay.
All right.
To your
14
knowledge, were you to be involved in this production to
15
some degree, or was it just for you to take a look at, to
16
see what you thought of it or?
17
MR. BUSCH:
It was for me to take a look at, to
18
see what I thought of it.
19
with proofreading items that we .would help each other
20
send out.
21
THE COURT:
22
MR. HARDIN:
23
THE COURT:
24
Okay.
We always helped each other
All right.
Thank you, sir.

Okay.
All right.
Well, okay, we
are on 4:30, and between direct and cross is a good

Phone: 212-346-6666 *Fax: 888-412-3655
294
PROCEEDINGS
enough time to break.
morning.
far folks are coming from.
THE COURT:
Was
I think he said that's all he's
got.
MS. MCNEICE:
8
9
If he would just clarify?
this the end of Mr. Hardin's cross-exam?
We can begin at 8:30 or 9:00, depending on how
MS. MCNEICE:
4
5
We should be back tomorrow
Okay.
I just wanted to know.
So
I'll start tomorrow with redirect.
10
THE COURT:
11
FEMALE VOICE:
12
THE COURT:
Okay.
got one more witness.
No, no, yeah, in terms of Mr.
13
Busch.
14
back.
15
McNeice, you'll be redirecting or crossing, depending on
16
how you look at it, because this is actually Mr. Hardin's
17
witness at this point.
18
MS. MCNEICE:
19
20
21
Mr. Busch will remain on the stand when we come

And I believe based upon what I understand, Ms.
I just want to be able to advise
my witnesses, as to a timeframe for tomorrow then.

THE COURT:
That's where we begin.
That's my
understanding.
22
MS. MCNEICE:
23
THE COURT:
24
MALE VOICE:
Thank you.
All right.
Thank you, all.

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PROCEEDINGS
THE COURT:
you're staying.
Have a safe trip back to where
It's really wet out there.
FEMALE VOICE:
All rise.
[Background Noise]
[END OF HEARING]

Phone: 212-346-6666 *Fax: 888-412-3655
295
296
C E R T I F I C A T E
I, Katia Lazarre, certify that the foregoing transcript of

proceedings in the Family Court of the State of Delaware,
County of Kent, in the matter of Patricia P. Driscoll v. Kurt
T. Busch, File No. CK14-02747, Petition No. 14-30621, was
prepared using the required transcription equipment and is a
true and accurate record of the proceedings.
Signature:
Date:
January 15, 2015

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

Driscoll vs. Busch, Jan. 12, 2015

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FAMILY COURT OF THE STATE OF DELAWARE

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

Excerpt From Transcript,

Diagram of Motor Home

Ubiqus/Nation-Wide Reporting & Convention Coverage

Ubiqus/Nation-Wide Reporting & Convention Coverage

MS. PAT MULLINS:

... Kent County is now in

The Honorable David Jones presiding in the

Driscoll versus Busch.

on the record, I assume, since I can't see that.

back on the record in the matter of the PFA petition

filed by Ms. Driscoll against Mr. Busch.

with Mr. Daunch's [phonetic] testimony.

MR. RUSTY HARDIN, ESQ.:

Yes, Your Honor, we're

ready to proceed, if the Court is.

And we'll call Mr. Nick Terry.

Mr. Nick Terry.

Take the stand right here, and

you can take your jacket off.

raise your right.

Left hand on the Bible and

State your full name.

Ubiqus/Nation-Wide Reporting & Convention Coverage

MR. NICHOLAS EDWARD TERRY:

Do you swear to tell the truth,

Mr. Hardin, you may proceed.

been first duly sworn, testif;ed as follows:

BY .MR. RUSTY HARDIN

Good morning, Mr.

Mr. Terry, if you will try

to keep in mind, the microphone in front of you is there,

so that you can be heard.

Would 'you state your name

Nicholas Edward Terry.

And, Mr. Terry, how old a man are you?

And where do you live?

I live in Thomasville, North Carolina.

Ubiqus/Nation-Wide Reporting & Convention Coverage

DIRECT EXAMINATION OF N. TERRY BY R. HARDIN

And what's your occupation?

I'm a chaplain for Motor Racing Outreach.

And how long have you been a chaplain for

Motor Racing Outreach?

For three years.

Would you give the Judge a little bit of

the benefit of your background, where you grew up, your

profession, and how you got to where you are?

I spent ten years in the

sport of NASCAR as a competitor on the competition side,

as a pit crew member, going over the wall.

leading me to ministry, and so instead of leaving the

sport to go into local church ministry, I became part of

the team at MRO, as one of their chaplains.

So when you say Motor Racing

Outreach, MRI--MRO are the initials that are used within

Yes, sir, it's for Motor Racing Outreach,

And explain to the Court what MRO is,

Yeah, basically, we provide pastoral care

for the NASCAR racing community.

to what a local church would do, the only difference

We are pretty similar