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Kenner v.

Antinoro, et al Gerald Antinoro Page 1 (1 - 4)


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1 1
2 2
3 IN THE FIRST JUDICIAL DISTRICT COURT 3 INDEX
OF THE STATE OF NEVADA EXAMINATION BY PAGE
4 IN AND FOR THE COUNTY OF STOREY, NEVADA 4
5 -o0o- 5 Mr. Flangas 4
6 MELANIE KEENER, : 6
: Case No.
7 Plaintiff, : 17 TRT 00001 1E 7
:
8 vs. : 8
:
9 GERALD R. ANTINORO, an individual;: 9
STOREY COUNTY, a political :
10 subidivision of the State of : 10 EXHIBITS
Nevada; et al., :
11 : 11 Exhibit 1 - Policies and procedures 58
Defendants. : Exhibit 2 - Complaint 65
12 ====================================================== 12 Exhibit 3 - Conclusions and findings of
13 13 Investigation 83
Exhibit 4 - Melanie Keener's statement 119
14 14
15 DEPOSITION OF 15
16 GERALD ANTINORO 16
17 February 8, 2018 17
18 Reno, Nevada 18
19 19
20 20
21 21
22 22
23 23
24 24
Reported by: DIANNE M. BRUMLEY, NV CCR #205
25 California CSR #6796 25
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1 1 ***
2 APPEARANCES 2 RENO, NEVADA, THURSDAY, FEBRUARY 8, 2018, 9:00 A.M.
3 3 ***
4 4 GERALD ANTINORO
5 FOR THE PLAINTIFF: 5 having been duly sworn,
Flangas Dalacas Law Group
6 Attorneys at Law 6 was examined and testified as follows:
BY: GUS W. FLANGAS
7 3275 South Jones Blvd., Suite 105 7 EXAMINATION
Las Vegas, Nevada 89146
8 8 BY MR. FLANGAS:
9 FOR THE DEFENDANTS: 9 Q Could you state your name and spell it for the
10 Rands, South & Gardner 10 record, please?
Attorneys at Law
11 BY: DOUGLAS RANDS 11 A Gerald Antinoro, G-e-r-a-l-d, A-n-t-i-n-o-r-o.
9498 Double R Blvd. #A
12 Reno, Nevada 89521 12 Q You just took an oath; is that correct?
13 13 A Yes.
14 Also present: 14 Q And you understand that oath has the same
Melanie Keener
15 15 solemnity and ramifications as though you took it in a
16 16 court of law?
17 17 A Yes.
18 18 Q When I say ramifications, do you understand
19 19 that to mean same ramifications for perjury?
20 20 A Yes.
21 21 Q I know you've had your depo taken a few times
22 22 in the past, so I'm still going to go over the ground
23 23 rules for the record if that's okay.
24 24 The lady to your immediate left is the court
25 25 reporter. She's taking down everything that's being

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1 said here today and if you notice, she's doing that with 1 Q When I say comment upon it, what I mean is I'll
2 her fingers and the reason I point that out is she 2 be able to bring your credibility into question. Do you
3 cannot record both of us speaking at the same time, so 3 understand that?
4 what that means for you and I is that you need to wait 4 A Yes.
5 until I finish my question before you give me your 5 Q If you testify differently at any trial,
6 answer, okay? 6 arbitration, evidentiary hearing than you do today, I
7 A Yeah. 7 will also be able to comment upon it as well. Do you
8 Q In that same vein, because she is doing this 8 understand that?
9 with her fingers, if the question calls for a yes or no 9 A Yes.
10 answer, you need to audiblize it by saying yes or no. 10 Q Again, when I say comment upon it, what I mean
11 Do you understand that? 11 is I'll be able to bring your credibility into question.
12 A Yes. 12 Do you understand that?
13 Q The reason is because a nod of the head, a 13 A Yes.
14 shake of the head, an "uh-huh" or "huh-uh" will not come 14 Q I always have to ask these for the record, are
15 out clear on the transcript. Do you understand that? 15 you on any type of medication today that would affect
16 A Yes. 16 your ability to understand my questions or answer them
17 Q I'm not here today to try to trick you with my 17 accurately?
18 questions. However, if you do answer the question, it 18 A No.
19 will be assumed that you understood the question, okay? 19 Q And I've already asked you this in previous
20 A Yes. 20 depos, but just for the purposes of this deposition,
21 Q If you don't understand the question, please 21 have you ever been convicted of a felony?
22 tell me you don't understand the question and I'll ask 22 A No.
23 it again, I'll rephrase it, I'll break it down into 23 Q Have you ever been convicted of a misdemeanor
24 smaller parts or whatever it takes to facilitate your 24 that involves fraud, theft or dishonesty?
25 understanding, okay? 25 A No.
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1 A Yes. 1 Q And I know I've taken your depo before, but
2 Q During the course of this deposition, if you 2 these are two separate cases, so you're going to have to
3 need to take a break, you're welcome to. The only thing 3 bear with me while I go through your background again
4 I ask is if there's a question pending, that you finish 4 and I know it's already in another transcript. What is
5 answering the question, all right? 5 your level of education?
6 A Okay. 6 A I have two master's degrees.
7 Q At the conclusion of this deposition, the court 7 Q Let's start -- obviously before you had a
8 reporter is going to take down everything that was said 8 master's degree, you had to have a B.S.?
9 here today and transcribe it and put it into a booklet 9 A Yes, I have a bachelor's degree.
10 called a transcript. Do you understand that? 10 Q In what?
11 A Yes. 11 A Organizational management.
12 Q After this transcript is put together, you'll 12 Q Where did you get your degree from?
13 be given an opportunity to review the transcript should 13 A Ashford University.
14 you so desire. Do you understand that? 14 Q Ashford University is located where?
15 A Yes. 15 A In Clinton, Iowa.
16 Q You'll also be given the opportunity to make 16 Q Was that an on-line course?
17 changes to the transcript if you so desire as well. Do 17 A Yes.
18 you understand that? 18 Q What year did you get the degree?
19 A Yes. 19 A I think it was around 2009.
20 Q I need to caution you, however, if you do make 20 Q Where were you located when you got the degree?
21 changes to the transcript of a substantive nature, I 21 A Virginia City.
22 will be able to comment upon it at any trial, 22 Q And you got a master's degree from where? Two
23 arbitration, evidentiary hearing or motion practice as 23 master's degree, let's start with the first one.
24 the case may be. Do you understand that? 24 A One was from Ashford University.
25 A Yes. 25 Q In what field?
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1 A Again, organizational management. 1 Q How long have you been sheriff?
2 Q What year did you graduate and get your 2 A For seven years.
3 master's? 3 Q It's an elected position?
4 A I think it was -- I think that was the one in 4 A Yes.
5 2009 and the bachelor's would have been in 2007, 5 Q What year were you first elected or appointed
6 somewhere right around there. 6 or however the case may be?
7 Q And this was on-line again? 7 A I was elected in 2010, took office in January
8 A Yes. 8 of 2011.
9 Q Where were you located when you did -- 9 Q Prior to your election as sheriff of Storey
10 A Virginia City. 10 County -- before I go into that, do you have any other
11 MR. RANDS: Let him finish his question before 11 occupations now other than sheriff of Storey County?
12 you answer. It just makes it easier for everybody. 12 A No.
13 BY MR. FLANGAS: 13 Q Prior to your election as sheriff of Storey
14 Q Thanks, I was getting ready to say that. That 14 County, what did you do?
15 just reminded me of another thing, too. Occasionally 15 A I worked for the sheriff's office in Storey
16 your attorney will, and I'm not going to say most 16 County.
17 likely, but absolutely will object at one point in time. 17 Q In what capacity? And then I'm going to be
18 Unless you're instructed not to answer, you're going to 18 asking you from when to when.
19 have to answer the question. Do you understand that? 19 A Started working there in 2006 in the positions
20 A Yes. 20 of deputy, corporal, lieutenant, chief deputy and
21 Q The next bachelor -- excuse me, master's 21 assistant sheriff during those years.
22 degree, where did you get it from? 22 Q When you started with the Storey County
23 A Chicago School of Professional Psychology. 23 Sheriff's Office, you started as a deputy?
24 Q What year? 24 A Correct.
25 A I think that was 2011 or 2012. 25 Q And how long were you a deputy?
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1 Q On-line course again? 1 A About a year-and-a-half, I believe.
2 A Yes. 2 Q Who was your supervisor while you were a
3 Q Where were you when you did the course? 3 deputy?
4 A Virginia City. 4 A There were a few of them, so I think Ken Quirk
5 Q With your master's degree in -- did you get it 5 and Jason Dias were the patrol sergeants when I first
6 in psychology? 6 started.
7 A Yes. 7 Q Jason Diaz, D-i-a-z?
8 Q With your master's degree in psychology, does 8 A D-i-a-s, I believe.
9 that give you any other certifications to do certain 9 Q And then about a year-and-a-half later you got
10 types of occupations or anything like that? 10 promoted to corporal?
11 A No. 11 A Yes.
12 Q Just to kind of get a timeline, when did you 12 Q From when to when?
13 graduate high school? 13 A I think it was 2007 to 2008 I was a corporal
14 A 1982 is when I finished. 14 and Quirk and Dias would have been sergeants and
15 Q Where did you finish high school? 15 Christopher Parsons would have been second in command.
16 A San Juan County High School. 16 Q When you started with the sheriff's office of
17 Q California? 17 Storey County, who was the sheriff?
18 A Blanding, Utah. 18 A Jim Miller.
19 Q Can you spell Blanding? 19 Q When you became a corporal, was Mr. Miller
20 A B-l-a-n-d-i-n-g. 20 still sheriff?
21 MR. RANDS: I've been to Blanding. 21 A Yes.
22 BY MR. FLANGAS: 22 Q Was he still sheriff the entire time you were
23 Q Can't say I have. What is your present 23 corporal?
24 occupation? 24 A Yes.
25 A Sheriff of Storey County. 25 Q Then it sounds like you moved up from corporal
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1 to another position? 1 A Not that I'm aware of.
2 A Yes, lieutenant. 2 Q Any behavioral issues?
3 Q When did you become a lieutenant? 3 A Not that I'm aware of.
4 A 2008. 4 Q And how long were you the assistant sheriff?
5 Q How long were you a lieutenant? 5 A Until the time I was elected as sheriff.
6 A I think around eight months. 6 Q You mentioned Parsons was the undersheriff and
7 Q Who was sheriff? 7 then you said you were the assistant sheriff. Are those
8 A Jim Miller. 8 names interchangable?
9 Q Who were your supervisors? 9 A More or less, yes. However, he had been
10 A Chris Parsons would have been my supervisor at 10 demoted to lieutenant and that's when I was moved to the
11 that point in time. 11 assistant sheriff position.
12 Q When you became a lieutenant, did you then out 12 Q How does the rank structure go now in your
13 rank Kenneth Quirk and Mr. Dias? 13 department?
14 A Yes. 14 A Sheriff, chief deputy, sergeant, deputy.
15 Q How long were you a lieutenant? 15 Q So you kind of changed the rank structure after
16 A For just a few months. I don't recall how 16 you became sheriff?
17 long. 17 A Yes.
18 Q Then what? 18 Q The only sheriff you ever worked for was Mr.
19 A Chief deputy. 19 Miller?
20 Q You became chief deputy in 2008 or 2009? 20 A At Storey County Sheriff's Office, yes.
21 A I think it was 2009. 21 Q And his full name was James G. Miller, I
22 Q Who was sheriff? 22 believe?
23 A Jim Miller. 23 A Yes.
24 Q And you only at that juncture I imagine just 24 Q What did you do today to prepare for this
25 answered to him? 25 deposition?
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1 A Still Chris Parsons. 1 A Met with Mr. Rands yesterday and we discussed
2 Q Chris Parsons was still above you? 2 what would happen at the deposition today.
3 A Yes. 3 MR. RANDS: Don't get into what we've actually
4 Q What was his rank or position? 4 discussed, I'm going to object to that.
5 A He was the undersheriff. 5 MR. FLANGAS: I was going to caution him myself
6 Q How long were you chief deputy? 6 as well.
7 A I don't recall. 7 BY MR. FLANGAS:
8 Q What was your next position? 8 Q Don't tell me what you discussed with your
9 A It was just a few months. 9 attorney, okay?
10 Q And then what position? 10 A Okay.
11 A Assistant sheriff. 11 Q Also, when you met, though, when you met with
12 Q Who was sheriff at the time? 12 Mr. Rands yesterday, was there anybody else in the room
13 A Jim Miller. 13 with you?
14 Q Were you still answering to Chris Parsons? 14 A No.
15 A No. 15 Q Did you read any documents to prepare for
16 Q What happened to Mr. Parsons? 16 today's deposition?
17 A He was demoted back to lieutenant and then he 17 A No.
18 subsequently left the employ of the sheriff's office. 18 Q Have you read any documents recently pertaining
19 Q Why was he demoted? 19 to this case?
20 A Supervisory errors. 20 A No.
21 Q Specifically? 21 Q Did you read the complaint that was filed in
22 A Specifically there were issues in the front 22 this matter?
23 office where there were issues with civil process, 23 A Yes.
24 things like that that he failed to correct. 24 Q When did you read the complaint?
25 Q Any other thing besides front office issues? 25 A When it was served on me.
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1 Q Have you read it since? 1 Q And prior to that?
2 A I don't believe so. 2 A There wasn't anything prior to that. There may
3 Q You know your attorney filed an Answer on your 3 have been one in between the last two we discussed, but
4 behalf in this matter? 4 I don't recall if that was a deposition or just some
5 A Yes. 5 various related hearings and that would have been on a
6 Q Did you read the Answer? 6 federal court case, a criminal case in Utah.
7 A I did, I believe. 7 Q Have you ever -- other than the Gilman vs.
8 Q Everything in it true and correct? 8 Antinoro case, have you ever been a party to a lawsuit?
9 A To the best of my recollection. 9 A Other than the one that I already told you
10 Q Now, I asked you a little while ago, we talked 10 about?
11 about you've had your deposition taken before, but for 11 Q Yeah, other than what you've already told me
12 the record, how many times have you had your deposition 12 about.
13 taken? 13 A No.
14 A I believe four. 14 Q So you've been a party to a lawsuit in Gilman
15 Q Can you tell me when was the last depo that you 15 vs. Antinoro, right?
16 had? 16 A Yes.
17 A The last one was with you, I don't know, a 17 Q And then you were a party to a lawsuit where
18 couple months ago. 18 you were being sued for an improper arrest, correct?
19 Q And that's the Gilman vs. Antinoro case? 19 A Yes.
20 A Yes. 20 Q Have you been a party to a lawsuit other than
21 Q Prior to that depo, when was the last time you 21 that?
22 had your deposition taken? 22 A There's a suit that is pending.
23 A I think it was sometime in 2008 or 2009. I 23 Q What suit is pending?
24 don't recall the date. 24 A An employee is claiming that he's being
25 Q What was the reason for that deposition? 25 discriminated against I guess.
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1 A It was a lawsuit in federal court filed against 1 Q What's the employee's name?
2 James Miller. 2 A Mitch Hammond.
3 Q Were you named in the lawsuit? 3 Q And he's suing you for discrimination?
4 A No, I was not. 4 A Yes.
5 Q You were called as a witness? 5 Q What's the basis, in a nutshell, of his
6 A Yes. 6 charges?
7 Q What was the lawsuit about? 7 A He believes that we're violating the USERRA
8 A It was a constructive discharge. 8 Act.
9 Q What was the outcome of that lawsuit? 9 Q In what way?
10 A It was dismissed. 10 A I couldn't tell you what the specifics are of
11 Q When was -- what other time did you have your 11 his complaint.
12 deposition taken? 12 Q Have you read the complaint?
13 A I would say it was 1986 or 1987. 13 A I have.
14 Q For what? 14 Q Are you the only defendant?
15 A It was a lawsuit that was filed against me for 15 A I don't believe so.
16 an unlawful arrest. 16 Q Where is this lawsuit filed at?
17 Q Where was it filed? 17 A In federal court here in Reno.
18 A In federal court in Utah. 18 Q What's the status of that lawsuit right now?
19 Q What was the disposition of that lawsuit? 19 A We are pending an early neutral evaluation, I
20 A It was dismissed. 20 believe.
21 Q Was there any type of settlement? 21 Q Is Mr. Hammond the only plaintiff in that
22 A No. 22 lawsuit?
23 Q Dismissed by the Court? 23 A Yes.
24 A Yes. It was a summary judgment. They said 24 Q What is he alleging?
25 that the arrest was good. 25 A Like I said, off the top of my head I could not
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1 tell you other than he feels that we're violating the 1 A I believe there were EEOC or ADA or one of the
2 USERRA Act. 2 employment processes.
3 Q Who are the other defendants? I would imagine 3 Q Was there a settlement paid to her?
4 Storey County? 4 A No.
5 A Yes. 5 Q How do you know?
6 Q Is there any other individual defendants in 6 A I only know what I was told by the county.
7 that case? 7 Q Were you the person that she had an issue with,
8 A I don't recall. 8 or were you named because you're just the sheriff?
9 Q Is he making allegations against you 9 A I was named because I'm the sheriff. I don't
10 specifically? 10 recall anything specific being alleged at me.
11 A I can't say that he's making some complaint 11 Q Was she fired?
12 against me specifically, no, but like I said, without 12 A Yes, she was.
13 reading the complaint again I would have to leave a 13 Q Who fired her?
14 question mark over that. I don't believe that there is 14 A I did.
15 a specific complaint against me other than I'm the 15 Q For what reason?
16 sheriff and I'm the one causing it all to be done. 16 A For multiple safety violations that led to the
17 Q Have there been any other lawsuits against you 17 escape of an inmate.
18 other than what we've discussed? 18 Q Did she allege sexual harassment?
19 A No, not that I recall. 19 A She may have, I believe.
20 Q Have there been any threatened lawsuits against 20 Q Was it against you or was it against somebody
21 you? 21 else in your department?
22 A Sure, hundreds of them. 22 A No, it was not against me.
23 Q I understand that. I imagine when you're 23 Q Was the sexual harassment ever brought to your
24 arresting somebody, they say I'm going to sue or 24 attention? I'm assuming that -- let's scratch that.
25 something, but let's put it this way: Have you been 25 Do you know whether or not she ever complained
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1 threatened with a lawsuit where there was an attorney 1 about sexual harassment?
2 involved? 2 A To my knowledge, it never came up until she was
3 A Not that I recall. 3 facing discipline and termination.
4 Q Are you familiar with a lady by the name of 4 Q And this was after you had fired her that this
5 Vanessa Adrian? 5 was raised?
6 A Yes. 6 A Yes.
7 Q Who is she? 7 Q It wasn't raised prior to her being terminated?
8 A A former employee. 8 A Not to my recollection.
9 Q Of the sheriff's department? 9 Q Do you know a lady by the name of Melissa Reed?
10 A Yes. 10 A Yes.
11 Q Is she suing you? 11 Q And who is she?
12 A There is no current suit. She may have filed 12 A A former employee of the sheriff's office.
13 something or threatened to file something, but nothing 13 Q Did she sue you?
14 ever came of it. 14 A No, she did not.
15 Q How do you know that she threatened to file 15 Q Did she threaten suit with you?
16 something? 16 A She may have. I know, again, going through a
17 A I don't know that she did. I just know that we 17 process of termination process.
18 went through a whole procedure with her termination and 18 Q Was there a settlement paid to her?
19 arbitration, but I don't recall exactly what was filed 19 A Yes.
20 and what wasn't filed. I know it's a done issue at this 20 Q How much?
21 point in time and there was no lawsuit. 21 A I believe $45,000.
22 Q What was the procedure you went through? 22 Q Why was she terminated?
23 A There was an arbitration process with the 23 A For being arrested for driving under the
24 union. 24 influence of alcohol and losing her driver's license.
25 Q What else? 25 Q Do you know of an officer by the name of Daniel
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1 Gaunt? 1 A No.
2 A Yes. 2 Q Why not?
3 Q Was he arrested for a DUI? 3 A She was terminated during a layoff process and
4 A Yes. 4 then she came back as a reserve, but found other
5 Q Was he terminated? 5 employment, other full-time employment.
6 A He was not. 6 Q Are you aware of an allegation that she had sex
7 Q Were you sheriff at the time? 7 with Anthony Dosen?
8 A Which time? You'll have to clarify. 8 A I have heard that, yes.
9 Q When Daniel -- obviously has Daniel Gaunt been 9 Q When you heard that, what was your position?
10 arrested more than once for a DUI? 10 A I was the sheriff.
11 A Not to my knowledge. 11 Q And when you were told that, did you do
12 Q So there was only one time he was arrested for 12 anything?
13 a DUI, right? 13 A Yes.
14 A To my knowledge, yes. 14 Q What did you do?
15 Q So my question goes back, was he terminated for 15 A I believe I spoke with both of them.
16 that DUI? 16 Q And what did you discover?
17 A No. 17 A I was told that it was a consensual thing and I
18 Q Who was sheriff when this DUI occurred? 18 told them make sure it did not occur on duty or anywhere
19 A Jim Miller. 19 about the sheriff's office.
20 Q Who was his supervisor? 20 Q Were you told that it occurred on duty?
21 A I don't recall off the top of my head. 21 A No, I was not.
22 Q When Melissa Reed was terminated, who was the 22 Q Do you know an officer by the name of Valdez?
23 sheriff? 23 A Yes.
24 A I was. 24 Q What's his first name?
25 Q How about do you know a -- I know you know him, 25 A Frank.
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1 but John-Michael Mendoza? 1 Q Were you told that Mr. Valdez walked in on
2 A Yes. 2 them?
3 Q Who is he? 3 A I don't recall being told that, no.
4 A He's a deputy with the sheriff's office. 4 Q Did Miss Morgan ever go to the A.G.'s office or
5 Q Was he arrested for a DUI? 5 the D.A.'s office or anything?
6 A Yes. 6 A Not to my knowledge.
7 Q Were you sheriff at the time? 7 Q About you?
8 A No. 8 A Excuse me?
9 Q Mr. Miller was the sheriff? 9 Q Let me rephrase my question. Did she ever go
10 A Yes. 10 to the A.G.'s office or the D.A.'s office about you?
11 Q Was Mr. Mendoza terminated? 11 A Not to my knowledge.
12 A No. 12 Q When she was let go, were you sheriff?
13 Q Who was Mr. Mendoza's supervisor at the time 13 A No.
14 that this DUI occurred? 14 Q When she came back, you were sheriff?
15 A I couldn't tell you. 15 A Yes.
16 Q What was your position at the time? 16 Q When she was let go, what was your position?
17 A I would have been a deputy at the time. 17 A I believe it was either chief deputy or
18 Q How about Daniel Gaunt, what was your position 18 lieutenant.
19 at the time? 19 Q And she was laid off basically?
20 A I would have been the assistant sheriff. 20 A Yes.
21 Q Do you know Allison Morgan? 21 Q What are your duties as sheriff? And I know
22 A Yes. 22 there's a lot, so kind of go slow.
23 Q Who is she? 23 A Basically to oversee the operations of the
24 A Former officer with the sheriff's office. 24 sheriff's office, providing public safety, enforcement
25 Q Is she still with the sheriff's office? 25 of the law.
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1 Q What else? 1 policies are enforced?
2 A Service of civil process. 2 A Yes.
3 Q Go ahead. 3 Q Would you agree as the sheriff the buck stops
4 A Investigation of crimes, the standard law 4 with you as an enforcement of these policies?
5 enforcement. 5 A Yes.
6 Q Anything else? 6 Q And if you find that people in your department
7 A I'm sure there is. I don't know, I should have 7 aren't complying with these policies, you need -- as the
8 brought a job description, but it's standard law 8 supervisor and the sheriff, you need to do something
9 enforcement and running the office. 9 about it, is that a correct statement?
10 Q You mentioned you oversee operations of the 10 A Yes.
11 office, right? 11 Q And the gamut can run from simply counseling to
12 A Correct. 12 termination?
13 Q Does that include supervision of employees? 13 A Yes.
14 A Yes. 14 Q And the severity probably of the consequence
15 Q When I say employees, I mean supervision of 15 for violating the policy would probably coincide with
16 employees of the sheriff's office; is that correct? 16 the egregiousness of the violation?
17 A Yes. 17 A Yes.
18 Q And that would mean supervision of all 18 Q As the sheriff, are you responsible for making
19 employees of the sheriff's office, correct? 19 sure your employees know the policies?
20 A Yes. 20 A Yes.
21 Q Do you also oversee the jail? 21 Q Now, as the sheriff, you're the leader of your
22 A Yes. 22 department, right?
23 Q So there's another duty from your job 23 A Yes.
24 description, right? 24 Q And as the sheriff, you would want your --
25 A Yes. 25 you'd want to set the example for your employees,
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1 Q And the folks that run the jail, they're 1 correct?
2 employees of the sheriff's office as well? 2 A Yes.
3 A Yes. 3 Q So if you're engaging in -- if you're
4 Q As the supervisor of the employees, you have 4 conducting yourself -- let me scratch that.
5 policies, right? 5 You then would probably want to conduct
6 A Yes. 6 yourself in an above-board manner because you are the
7 Q And is it your job to make sure the policies 7 sheriff, right?
8 are being enforced? 8 A Yes.
9 A Yes. 9 Q Because if you're violating the policies, that
10 Q And a lot of these policies are written, would 10 could be construed to be a green light for others to
11 you agree? 11 violate the policies, would you agree?
12 A Yes. 12 A Yes.
13 Q And some of the policies come down from the 13 MR. RANDS: Objection, calls for speculation.
14 county itself, is that a correct statement? 14 BY MR. FLANGAS:
15 A There's a deference to the county on some 15 Q Some of the policies you told me about is you
16 policies, yes. 16 had some of the county policies that come down federally
17 Q And this deference to the county on some 17 mandated, ADA, EEOC. Now, when you mentioned EEOC, that
18 policies, can you give me some examples? 18 would involve sexual harassment?
19 A The federally mandated things, employment 19 A Yes.
20 issues, ADA, EEOC stuff. 20 Q And does the county have its own policies
21 Q That comes down through the county? 21 pertaining to sexual harassment?
22 A Yes. 22 A Yes.
23 Q And as the sheriff of the -- as the sheriff and 23 Q And that policy is binding on the sheriff's
24 supervisor of all the employees of the sheriff's office, 24 department, correct?
25 it's your responsibility to make sure that those 25 A Yes.
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1 Q And you mandate that all of your employees 1 A Not to my knowledge.
2 comply with that policy, is that a correct statement? 2 Q When you say not to your knowledge, can you
3 A Yes. 3 elaborate what you mean by saying not to your knowledge?
4 Q If I'm not mistaken, that policy requires 4 Because common sense would dictate if somebody is
5 sexual harassment training? 5 accusing you, it would probably be brought to your
6 A Yes. 6 attention, would you agree?
7 Q How frequently? 7 MR. RANDS: I'm going to object, it's
8 A I think the county requires it every two years, 8 argumentative. Not to my knowledge is self-explanatory,
9 every other year basically. 9 but go ahead and answer.
10 Q Who is responsible for conducting that 10 THE WITNESS: I think it's pretty much
11 training? 11 self-explanatory, yes, but living in a political world,
12 A The county usually provides it. 12 there's always lots of allegations and lots of rumors
13 Q And who is responsible for insuring that the 13 that are abounding. As far as any kind of formal
14 employees of the sheriff's office attend or participate 14 allegation or realistic based allegation or anything
15 or get that training every couple of years? 15 like that, not to my knowledge.
16 A My staff makes sure that everyone attends. 16 BY MR. FLANGAS:
17 Q Who is ultimately responsible for making sure 17 Q All right. So has there been political
18 that happens? 18 allegations involving sex, sexual harassment,
19 A I am. 19 unwarranted sexual advances or anything of that nature?
20 Q Because you're responsible for making sure that 20 A Tons of them.
21 your employees are complying with the policies, that 21 Q Okay. Give me the most recent ones. Who made
22 would involve you knowing what the policies are, is that 22 the allegation, what was the allegation and what was the
23 a correct statement? 23 allegation about?
24 A Yes. 24 A I was accused of rape by a woman in Sparks
25 Q And because you're a conscientious sheriff, you 25 which was a bogus allegation.
Page 34 Page 36
1 read and understand all the policies that affect your 1 Q When was that?
2 department? 2 A When was the allegation made?
3 A Yes. 3 Q Yes.
4 Q Most of the policies that we've been kind of 4 A In 2014.
5 talking about especially, and let's just go 5 Q When was the alleged rape alleged to have
6 specifically, the sexual harassment policies are pretty 6 occurred?
7 clear, would you agree? 7 A It must have been 2006 or 2007.
8 A For the most part, yes. 8 Q And what was the lady's name?
9 Q And they define -- the sexual harassment 9 A Daisy Duke according to the complaint.
10 policies define what behavior is appropriate and what 10 Q Was that a fictitious name?
11 behavior is not appropriate, is that a correct 11 A Yes.
12 statement? 12 Q To protect her identity?
13 A Generally speaking, yes. 13 A That's my understanding, yes.
14 Q And the message conveyed by those policies are 14 Q What was the lady's real name?
15 roughly zero tolerance, is that a correct statement? 15 A Jennifer something or another, I think. I
16 A Pretty much, yes. 16 won't swear to that.
17 Q And being a conscientious sheriff, have you 17 Q What was the final result of all this
18 communicated that to your people that there is zero 18 accusation?
19 tolerance for violation of sexual harassment policies? 19 A Nothing.
20 A I believe that's been communicated. 20 Q Were you contacted by law enforcement?
21 Q Have you -- other than this case right now, 21 A I was not. I contacted them to see if they
22 have you ever been accused of sexual harassment? 22 wanted to talk to me and they said they didn't want to.
23 A No. 23 Q When you say "they" --
24 Q Have you ever been accused of engaging in 24 A Sparks Police Department.
25 unwarranted sexual advances? 25 Q Thank you. Was anybody else accused of rape by
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1 Miss Duke or Jennifer, however you want to describe her? 1 involved and all the allegations and when they're made
2 A Not to my knowledge, but I don't know the 2 and what they're made, it's pretty self-explanatory.
3 woman. I don't know who all she's made allegations 3 It's dirty politics.
4 against. 4 Q That's kind of conclusory, so maybe you can
5 Q Had you ever met the woman? 5 tell me who do you think in your opinion was behind this
6 A Yes. 6 to try to get her to come forward and say that you raped
7 Q Where did you meet her? 7 her?
8 A On a couple of different occasions I met her 8 A That I couldn't tell you.
9 socially. 9 Q Then how do you base your conclusion that it
10 Q Where did you meet her socially and when? 10 was dirty politics of Storey County?
11 A I couldn't tell you the specific date, but I 11 A Because I know Storey County politics.
12 believe she was at a Christmas party that the sheriff's 12 Q But you don't know who would have spread this
13 office had in 2006 or 2007, and then I believe that I 13 story or who would have been behind the story or who
14 met her once socially with a group of people at some 14 would have tried to facilitate the outing of this story
15 restaurant maybe in Sparks. I don't recall the 15 or anything like that?
16 specifics of it. 16 A There's a lot of people who have been involved
17 Q Did you ever date her? 17 in the spreading of the story, but who was behind it, I
18 A No. 18 could not tell you.
19 Q Did you ever end up with her in a one-on-one 19 Q Who was involved in spreading the story?
20 situation? 20 A Stuart Handte, Jim Miller, Lance Gilman.
21 A Yes. 21 Q And you saw them do this or heard them do this?
22 Q Where did that occur? 22 A I've heard of it, yes.
23 A At her residence. 23 Q And who did you hear this from?
24 Q What year was that? 24 A Some of it is in the report that the Sparks
25 A I believe it was 2006 or 2007. 25 Police Department did. Some of it is just word of
Page 38 Page 40
1 Q What were you doing at her residence? 1 mouth.
2 A Engaging in a one-on-one situation. 2 Q So Sparks Police Department did a report; is
3 Q Did you have sex with her? 3 that correct?
4 A Yes. 4 A Yes.
5 Q And then she accused you of raping her? 5 Q Do you have a copy of that report?
6 A Seven years later. 6 A I do.
7 Q Over that encounter? 7 Q Have you provided a copy of that to your
8 A Yes. 8 attorney?
9 Q Did you have sex with her more than once? 9 A I have not.
10 A No. 10 Q Where is your copy of the report located?
11 Q So you met her at the Christmas party and then 11 A I'm sure it's at my home in Virginia City
12 with a group of people at a restaurant. At one of these 12 amongst all the rest of the filings.
13 two social situations, when did you end up back at her 13 Q What does the report say?
14 residence, or was this a third type of -- 14 A It says that she alleges that she was raped and
15 A That would have been a third time. 15 that they weren't going to do anything because it was
16 Q Did you all go out first? 16 past the statute of limitations, and that's the best I
17 A No. I was just invited to her residence. 17 can tell you in a nutshell.
18 Q Did you rape her? 18 Q Now, that's one that we talked about because
19 A I did not. 19 you were talking about all the politics and stuff and in
20 Q In your opinion, why was she accusing you of 20 the political world there's allegations flying every
21 rape? 21 which way, so what other allegations about you involving
22 A Politics. 22 things of a sexual nature?
23 Q Can you elaborate on that, please? 23 A Another person that alludes to, not an official
24 A Yeah. Storey County has a history of dirty 24 allegation, but alludes to the fact that I supposedly
25 politics and when you start looking at all of the people 25 raped her, also.
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1 Q And who is this person? 1 Q What I asked is how you heard about it, but you
2 A Lance Gilman's girlfriend, Jennifer Barnes. 2 said through the politics. Let me be a little more
3 Q When did she allege this? 3 specific.
4 A 2014 was the first I heard about it. 4 Was it put out in written materials? Did you
5 Q And what is the date of the alleged rape, or 5 read about it in the newspaper? Did somebody come up
6 when did the alleged rape allegedly occur? 6 and tell you that? Did Mr. Mahan say it in a speech?
7 A She claims it happened when she was 15 which 7 How is it that you heard about it?
8 would have put it about 1988 or 1989. 8 A Rumor initially, and then I believe during the
9 Q And where would that have occurred? 9 recall attempt last year, it was put out along with all
10 A According to what I've been told, it's supposed 10 of the rest of their nonsense in printed material and
11 to be at Angel Lake outside of Wells, Nevada. 11 anonymous letters that were sent out to everybody.
12 Q How long have you known Miss Barnes? 12 Q Are there any other allegations against you in
13 A Since 2010, so seven plus years. 13 the political realm of a sexual nature?
14 Q Did you know her at the time this alleged rape 14 A Not that comes to mind.
15 took place? 15 Q How many times have you been married?
16 A I had never even been to Nevada at the time 16 A Four technically.
17 that she's alleging that. 17 Q And if I remember correctly, you say four
18 Q Did you ever date Miss Barnes? 18 technically because you married the same gal twice?
19 A No. 19 A Yes.
20 Q Did you ever date any of Miss Barnes' friends? 20 Q What are your ex-wives' names and when were you
21 A Not to my knowledge. 21 married to them?
22 Q Did you ever have sex with Miss Barnes? 22 A Eva Hutchins was my first wife and we were
23 A No. 23 married from 1983, if I remember right, to 1992. Those
24 Q What other things out there in your political 24 are approximate. I don't know entirely for sure.
25 world that have involved allegations of a sexual nature 25 Q Who was the next one?
Page 42 Page 44
1 on your part? 1 A Lore Vanderbusse.
2 A I was supposed to have solicited photographs 2 Q Excuse me, before I go into Miss Vanderbusse,
3 from a teenager, but that's all I know about that. 3 where does Miss Hutchins live these days?
4 Q When did this occur? 4 A Salt Lake City, Utah.
5 A No idea. 5 Q Do you have her address?
6 Q Who made the allegation? 6 A I do not.
7 A The guy who ran against me in the last 7 Q Phone number?
8 election, Sean Mahan. 8 A I do not.
9 Q When were you supposed to have solicited these 9 Q I didn't mean to interrupt you. Go on to the
10 photos from a teenager? 10 next lady.
11 A I have no idea. 11 A Lor Vanderbusse.
12 Q So what was the specific allegation, just 12 Q L-o-r-i?
13 straight that you tried to solicit photos from a 13 A L-o-r-e, V-a-n-d-e-r-b-u-s-s-e.
14 teenager? 14 Q When were you married to her?
15 A Yes. 15 A In total, from --
16 Q Any other thing in that allegation? 16 Q Let's go in chronological -- I'm assuming she's
17 A Not to my knowledge. That's all I've heard. 17 the one you married twice?
18 Q Was that allegation -- where did you hear about 18 A Yes.
19 that allegation? 19 Q So the first time you were married to her?
20 A During the political trials and tribulations 20 A 1993 or '94 is when we got married initially
21 that was floated initially in 2014 and then during the 21 and that lasted until I think 2004, and then we got
22 recall attempt last year. It was thrown out repeatedly 22 divorced for 30 days and got remarried and that lasted
23 and just no substance -- nothing more than an 23 until, I believe, 2009.
24 allegation, so I couldn't tell you anything more about 24 Q Okay. And then you got married again?
25 it. 25 A Yes. I got married last April.
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1 Q Her name? 1 Office, what did you do?
2 A Laura. 2 A I worked for the State of Nevada.
3 Q What was her maiden name? 3 Q Where at?
4 A DeSimone. 4 A Transportation Services Authority is what it's
5 Q Can you spell that, please? 5 called now.
6 A D-e-S-i-m-o-n-e. 6 Q Back then it was called?
7 Q Still married? 7 A Now it's called Nevada Transportation
8 A Yes. 8 Authority. It was the Transportation Services Authority
9 Q Who is Anthony Dosen? I kind of touched on him 9 when I worked there.
10 a little while ago, but I need to get a little more 10 Q And you worked there from when to when?
11 background on him. 11 A From January of 2005 until about the middle of
12 A He's an employee of the sheriff's office. 12 2006.
13 Q What's his position? 13 Q Where were you located?
14 A Currently he's the chief deputy. 14 A In Las Vegas.
15 Q How long has he been your chief deputy? 15 Q What was your position?
16 A About a year-and-a-half. 16 A I was the chief of enforcement.
17 Q Did he take over after Miss Keener? 17 Q Who did you report to?
18 A Yes. 18 A The Commission, the Transportation Commission.
19 Q What was Mr. Dosen prior to becoming your chief 19 There were three commissioners.
20 deputy? 20 Q Did you say eight commissioners?
21 A He was jail sergeant for a period of time, he 21 A There were three.
22 was an investigator for a period of time, was deputy for 22 Q Who was the chief of the Commission or chairman
23 a period of time. 23 or however you describe it?
24 Q Are you and Mr. Dosen friends? 24 A Well, there were three different chairs, I
25 A Yes. 25 believe, if I remember correctly during my time there,
Page 46 Page 48
1 Q Who is John-Michael Mendoza? 1 but the main one -- the one who appointed me would have
2 A He's one of the deputies with the sheriff's 2 been Sandy Avance and then the one who invited me to
3 office. 3 leave was Kimberly Rushton.
4 Q How long has he been with the sheriff's office? 4 Q Why did Miss Rushton invite you to leave?
5 A Pretty much forever. I think he was -- 5 A Couldn't tell you. She never gave me a reason.
6 Q Was he there when you came? 6 She just said my services were no longer necessary.
7 A He was hired by Bob Del Carlo if I remember 7 Q Was there an incident or series of incidents
8 correctly which would put it back prior to 1998. 8 where you kind of did a cocaine bust and then put the
9 Q And Bob Del Carlo was the sheriff? 9 evidence in a drawer at the TSA?
10 A Yes. 10 A No.
11 Q And who was sheriff subsequent to him? 11 Q So if Miss Rushton were to testify to that, she
12 A Pat Whitten. 12 would be untruthful?
13 Q And that's spelled W-h-i-t-t-e-n; is that 13 A It may have been involving some of my
14 correct? 14 investigators. I was not directly involved with it. To
15 A Yes. 15 my knowledge, everything was handled according to
16 Q Mr. Whitten is now the county manager? 16 procedure.
17 A Yes. 17 Q You didn't store cocaine in one of the desk
18 Q We'll come back to him in a minute. Who is 18 drawers at the NTA's office?
19 Kenneth Quirk? 19 A No, I did not.
20 A Former deputy with the sheriff's office. 20 Q You didn't break the chain of command on that?
21 Q How did it come to pass that you first started 21 Excuse me, the chain of custody on that?
22 with the sheriff's office? 22 A No, I did not.
23 A I was looking for a job and Ken told me that 23 Q Was it true that Metro was very irate at you
24 the sheriff's office was hiring. 24 because you crossed into their cocaine investigations or
25 Q And prior to coming to Storey County Sheriff's 25 something to that effect?
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1 A Not to my knowledge. I met with the sheriff of 1 Storey County was also hiring, so I applied there, also.
2 Clark County on a regular basis and never was a word 2 Q And who hired you at Storey County?
3 said to me about it. 3 A Jim Miller.
4 Q Were you aware that Governor Guinn wanted you 4 Q Are you aware that Jim Miller was mad at Mr.
5 gone because you had done those things? 5 Quirk for recommending you because you had things in
6 A News to me. 6 your background that he covered up?
7 Q So no reason, she just said she wanted you to 7 A News to me.
8 leave? 8 Q Had you ever heard anything to that effect?
9 A It was an appointed at-will position. 9 A Just the rumors.
10 Q Did she call you into your office? 10 Q What rumors have you heard?
11 A Yes. 11 A Just that, that Ken supposedly covered up
12 Q Who was present when she said your services 12 things from my background. I don't know what things
13 were no longer necessary? 13 because there's nothing in my background.
14 A She and I. 14 Q You changed your name, right?
15 Q Do you know Keith Sackelhide? 15 A Yes.
16 A I do. 16 Q What was your original name?
17 Q And who is Mr. Sackelhide? 17 A Gerald Cook.
18 A He was a former Commissioner with the 18 Q Why did you change your name?
19 Transportation Authority. 19 A I retook my family's Italian last name.
20 Q Was he on the Transportation Authority when you 20 Q And when did you do that?
21 were the chief enforcement officer? 21 A In 2002-ish, give or take a year.
22 A He was one of the -- I believe he was the 22 Q Is the reason you changed your name is because
23 in-house legal counsel or something of that nature. He 23 there were things in your background under the name
24 was not a Commissioner at that time. 24 Gerald Cook?
25 Q Did you ever have any -- let me see how to 25 A No.
Page 50 Page 52
1 phrase this, any issues with Mr. Sackelhide between you 1 Q We've been going a little bit over an hour.
2 and he in how you were doing your job? 2 Let's take a short five-minute.
3 A No. I believe he left the agency right around 3 (A recess was taken.)
4 the same time I became the chief of enforcement and 4 BY MR. FLANGAS:
5 didn't come back until after I was gone, so I knew who 5 Q Mr. Antinoro, we just took a short break. Do
6 he was, but we only worked together for a very brief 6 you understand you're still under oath?
7 period of time. 7 A Yes.
8 Q Did Mr. Sackelhide have anything to do with you 8 Q Do you know a lady by the name of April Enlow?
9 having to leave your job as chief enforcement officer 9 A Yes.
10 for the Transportation Authority? 10 Q Who is she?
11 A Like I said, not to my knowledge. He wasn't 11 A She's a woman who used to run the Senior
12 even involved with the agency at that time. 12 Citizens Center in Virginia City.
13 Q Going back to Kenneth Quirk, you were no 13 Q Did you ever take a trip with Miss Enlow?
14 longer -- I guess you were let go by the Transportation 14 A I took a few trips with her.
15 Authority, just told your services were no longer 15 Q To go where?
16 necessary and you were looking for a job. Who helped 16 A We went to a couple of different places in
17 you find the job at Storey County? 17 California.
18 A Ken said they were hiring, so I guess Ken did. 18 Q Where is Miss Enlow these days?
19 Q Who did? 19 A No idea.
20 A Ken. 20 Q Did she ever make allegations against you?
21 Q Mr. Quirk? 21 A That's the rumor.
22 A Yes. 22 Q What allegations did she make against you?
23 Q So he called you or what? 23 A I don't know what the substance of her
24 A I came out to test for another position in this 24 allegations are other than she said that I was a bad,
25 part of the state and he at that time told me that 25 bad individual.
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1 Q Who told you this? 1 recall the specific date.
2 A Who tells you rumors? You just hear them. I 2 Q What did the woman tell you?
3 mean, I couldn't tell you specifically who told me what. 3 A He had been calling her and texting her and
4 Q Did you have a sexual relationship with Miss 4 just generally annoying her.
5 Enlow? 5 Q Was he?
6 A I did. 6 A I looked into it and there was nothing that
7 Q Do you know a Connie Butts? 7 could be substantiated.
8 A I do. 8 Q Did she show you any text messages?
9 Q Who is she? 9 A I don't recall seeing any text messages.
10 A She's a woman who used to be the director of 10 Q What was the lady's name?
11 the General Improvement District in Lockwood. 11 A I remember her first name I think was Tina, but
12 Q Was she also your campaign manager? 12 I couldn't tell you anything more than that.
13 A Yes. 13 Q Did you talk to Mr. Valdez about it?
14 Q Were there allegations about you having sex 14 A I did.
15 with her as well? 15 Q Did he say that he was having an affair with
16 A Not that I've ever heard. 16 her?
17 Q Do you know who Bob Hess is? 17 A He said that he had been involved with her,
18 A I do. 18 yes.
19 Q Who is Mr. Hess? 19 Q And Mr. Valdez was married, right?
20 A Former county commissioner in Storey County. 20 A Yes.
21 Q He's also chairman of the Commission? 21 Q Was there an investigation done?
22 A He was, yes. 22 A I don't believe there was any formalized
23 Q Did he come to you and tell you not a good idea 23 investigation that was done.
24 to be sleeping with Miss Butts? 24 Q Why not?
25 A No. 25 A Because there was nothing of a policy violation
Page 54 Page 56
1 Q Did he ever talk to you about Miss Butts? 1 that was reported. It was just phone calls that she
2 A No. 2 said that she wanted to have stopped and I talked to
3 Q Was it ever brought to your attention -- first 3 Frank and, of course, they were denied -- well, his
4 before we get into that, who is Frank Valdez? 4 version did not match up with hers and there was nothing
5 A One of the deputies with the sheriff's office. 5 more that ever came of it.
6 Q Is he a friend? 6 Q Is there a policy against deputies stalking
7 A I would say that we're friendly, yes. 7 women?
8 Q Not a friend, though? 8 A Stalking can be a pretty broad term. Are you
9 A What's a friend? We're friends, we've hung 9 talking about criminal stalking, or are you talking
10 out, we've gone to dinner, we work together. What's a 10 about in general terms?
11 friend? 11 Q Why don't you tell me what the difference is
12 Q Okay. Because you used the word friendly. A 12 between criminal stalking and stalking in general terms
13 lot of people try to say friendly versus friend. So 13 from your perspective.
14 he's your friend, right? 14 A If I'm texting you and trying to have a
15 A I would consider him a friend, yes. 15 communication or conversation with you, it's not
16 Q John-Michael Mendoza is your friend as well? 16 necessarily a criminal violation, but people do present
17 A Yes. 17 that as being stalking.
18 Q Now, was it ever brought to your attention that 18 Q So the only investigation that was done on this
19 Mr. Valdez was stalking a woman? 19 is this woman called you, right?
20 A There was an allegation of that, yes. 20 A There were several communications with the
21 Q Who brought the allegation to you? 21 woman.
22 A The woman contacted me. 22 Q And she's telling you that Frank Valdez is
23 Q What did she tell you? First of all, when was 23 stalking her, right?
24 this? 24 A I don't believe those were her exact words, but
25 A It's been a couple, three years ago. I don't 25 she asked that he not be contacting her any more.
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1 Q Did she tell you that he was harassing her? 1 A Yes.
2 A I don't know what the exact wording was. 2 Q That's kind of what's used to identify
3 Q What was the exact wording? 3 documents. Now, in the center bottom of the page, it
4 A That's what I just said. I don't know what the 4 says Storey County Administrative Policies and
5 exact wording was. I would have to go back and look at 5 Procedures. Do you see that?
6 any notes that I still have on that. 6 A Yes.
7 Q So you took notes on this? 7 Q And it says that MK 0048 is Page 18 of 166,
8 A I did. 8 right?
9 Q Did you open up a file? 9 A Yes.
10 A I did not. 10 Q And the next one is Page 19 of 166, is that a
11 Q Do you take it as serious charges that your 11 correct statement?
12 deputies might be stalking or harassing a woman? 12 A Yes.
13 A I take it very serious. 13 Q And the next one is Page 20 of 166, is that a
14 Q So what you looked at is what she said and it 14 correct statement?
15 didn't line up with what Frank Valdez said, so you 15 A Yes.
16 didn't let it go any further; is that correct? 16 Q Is this part of the Storey County Policies and
17 A She never requested it to go any further. We 17 Procedures?
18 talk several times, as I said. She presented her side, 18 A It appears to be.
19 I talked to Frank and got his side and she said she just 19 Q All right. And the subject is anti-harassment,
20 wanted him to leave her alone, and to my knowledge 20 is that a correct statement?
21 that's what happened. 21 A Yes.
22 Q Was Mr. Valdez ever counseled, written up or 22 Q And then it has the policy listed on there,
23 anything like that? 23 right?
24 A Like I said, there was no policy violation in 24 A Yes.
25 there and the matter was discussed with him and I was 25 Q And it says, "The employer promotes a
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1 assured that it was going to -- there wouldn't be any 1 productive work environment and does not tolerate
2 more issue and apparently there was not. 2 verbal, physical, written or graphical conduct/behaviors
3 Q All right. Let's talk about policies here. If 3 that harass, disrupt or interferes with another's work
4 I could have that marked as Plaintiff's Exhibit 1, 4 performance, or that creates an intimidating, offensive
5 please. 5 or hostile environment based on that person's race,
6 (Exhibit 1 was marked.) 6 color, religion, age, gender, sexual orientation,
7 BY MR. FLANGAS: 7 national origin, ancestry, disability, veteran status,
8 Q I'm showing you what is marked as Plaintiff's 8 genetic information, domestic partnership, or any other
9 Exhibit 1. Do you have that in front of you? 9 basis that's inappropriate or offensive." Did I read
10 A Yes. 10 that correctly?
11 Q I'm going to direct your attention down to the 11 A Yes.
12 lower right-hand corner. There's some numbers there. 12 Q Now, as sheriff of Storey County, you're
13 You'll see MK 048 and you're going to see MK 049 and 13 responsible for instituting that policy, is that a
14 then MK 050. Do you see that? 14 correct statement?
15 A No. 15 A Generally speaking, yes.
16 Q In the lower right-hand corner? 16 Q Let's clarify that statement. You're
17 A There's 0048, 0049. You missed a zero. 17 responsible for instituting that policy for the
18 Q Okay, that's fine. So we're clear, we got MK 18 employees of the sheriff's department of Storey County;
19 0048 and we got MK 0049, right? 19 is that a correct statement?
20 A Yes. 20 A Generally speaking, yes.
21 Q And then we have MK 0050, is that a correct 21 Q Why do you say generally as opposed to you are
22 statement? 22 the one that's supposed to insure that this is done?
23 A Correct. 23 A Well, ultimately the buck stops with me being
24 Q Those are all Bates stamp numbers. Do you 24 the sheriff, but I don't necessarily deal with each
25 understand that now? 25 individual employee one-on-one. That's why I have
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1 supervisors and a chain of command. 1 A Again, as stated, generally, yes.
2 Q And it says on the next one, subsection II, 2 Q Let's look at MK 0050 which is the third page
3 "Prohibited conduct, period, behaviors," is that 3 of this document. I'm going to direct your attention to
4 correct? 4 the top under where it says subsection III,
5 A Yes. 5 supervisor/manager responsibilities. Do you see that?
6 Q And that's Roman numeral II, right? 6 A Yes.
7 A Yes. 7 Q It's got a paragraph and the last sentence in
8 Q Underneath I'm going to have you look at that 8 that paragraph starts, "A supervisor or manager's
9 first paragraph and it says, the last sentence in that 9 failure to immediately report such activities,
10 paragraph starts, "Examples of prohibited conduct 10 complaints or allegations will result in discipline, up
11 behaviors include, but are not limited to," do you see 11 to and including termination." Is that a correct -- did
12 that? 12 I read that correctly?
13 A Yes. 13 A Yes.
14 Q And then it says under 19, "Offensive, verbal 14 Q Okay. So let's say your chief deputy had
15 communication, including slurs, jokes, epithets, 15 become aware of that and failed to report it, that chief
16 derogatory comments, degrading or suggestive words or 16 deputy could be subject to termination, correct?
17 comments, unwanted sexual advances, invitations, or 17 A Yes.
18 sexually degrading or suggestive words or comments." It 18 Q That would also involve probably your patrol
19 says that, right? 19 sergeants as well, right?
20 A Yes. 20 A Yes.
21 Q As the sheriff of Storey County, you are 21 Q Because they're in a supervisory position, is
22 responsible, as you said, the buck stops with you, to 22 that a correct statement?
23 make sure that these are not happening within your 23 A Yes.
24 department, is that a fair statement? 24 Q Now, if your chief deputy -- I'm giving you a
25 A Yes. 25 hypothetical. If your chief deputy was to have heard of
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1 Q Then 20 says, "Offensive written communications 1 improper sexual conduct on the part of an employee in
2 including notes, letters, notices, e-mails, texts or any 2 the department and failed to report it, who would have
3 other offensive message sent by electronic means." Do 3 the authority to fire that chief deputy?
4 you see that? 4 A I would as the sheriff.
5 A Yes. 5 Q Let's look under investigation here for a
6 Q And again, this is listed under prohibited 6 minute which is subsection IV on the same page, MK 0050.
7 conduct, right? 7 Let's go down to the fifth paragraph, and you can read
8 A Yes. 8 along with me.
9 Q As the sheriff of Storey County, you are 9 It says, "If it is determined that a violation
10 responsible for insuring that this conduct is not 10 of this policy has occurred, the employer will take
11 occurring with employees of the sheriff's department, is 11 remedial action against the perpetrator commensurate
12 that a correct statement? 12 with the severity of the offense. Such remedial action
13 A As I say, generally speaking, yes. 13 may include, but is not limited to, a counseling, verbal
14 Q And again, 21 under prohibited conduct says, 14 warning, written reprimand, transfer, demotion,
15 "Offensive gestures, expressions and graphics, including 15 suspension without pay, and/or termination. The
16 leering, obscene hand or finger gestures, sexually 16 employer will also initiate action to deter any future
17 explicit drawings, derogatory posters, photographs, 17 prohibited conduct/behaviors from occurring." Did I
18 cartoons, drawings or displaying sexually suggestive 18 read that correctly?
19 objects or pictures." Is that what it says? 19 A Yes.
20 A Yes. 20 Q And as the sheriff of Storey County, this is a
21 Q And again, as the sheriff of Storey County, 21 policy that needs to be enforced within your department,
22 you're responsible for insuring -- ultimately 22 correct?
23 responsible for insuring that your employees aren't 23 A Yes.
24 engaging in that type of behavior, is that a correct 24 Q And you're responsible ultimately for enforcing
25 statement? 25 that type of policy, is that a correct statement?
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1 A Yes. 1 get them verified.
2 Q All right. Now, you mentioned earlier you read 2 As the sheriff of Storey County, you're the
3 the complaint in this action? 3 head of the sheriff's office for Storey County, right?
4 A Yes. 4 A Yes.
5 Q Let's go ahead and just for purposes of having 5 Q And the sheriff's office is a department of
6 it in front of him, let's mark a copy of this complaint 6 Storey County, is that a correct statement?
7 as Exhibit 2. 7 A No.
8 (Exhibit 2 was marked.) 8 Q What is the sheriff's department?
9 BY MR. FLANGAS: 9 A The sheriff's office is an office of Storey
10 Q What's in front of you has been marked as 10 County.
11 Plaintiff's Exhibit 2. It's a copy of the complaint. 11 Q So you don't call it a department, you call it
12 Would you please look through it and see if this is a 12 an office?
13 copy of the complaint that you reviewed? 13 A Yes. It's an elected office. It's not a
14 A It appears to be. 14 department of the county government.
15 Q And look at the first page of it. This one is 15 Q Okay. You're an elected office, but your
16 not Bates stamped because it's really not an exhibit 16 sheriff's office is a -- let's go back to number six
17 that's exchanged between counsel, but if you look up in 17 here. Staying on number six, it says, "The sheriff of
18 the upper right-hand corner, it says filed July 13, 18 Storey County, Mr. Antinoro is the head of the sheriff's
19 2017, Storey County Clerk, right? 19 office for Storey County," and then it has in there,
20 A Yes. 20 "Hereinafter the sheriff's office." Do you see that?
21 Q And it says in the First Judicial District 21 A Yes.
22 Court of the State of Nevada, right? 22 Q All right. So do you call yourselves the
23 A Yes. 23 sheriff's office, or do you guys call yourselves the
24 Q In and For the County of Storey County, 24 sheriff's department, or what do you call yourselves?
25 correct? 25 A The sheriff's office.
Page 66 Page 68
1 A Yes. 1 Q Now, is the sheriff's office a department? Not
2 Q And it's got a case number and a department 2 your elected position, but is the sheriff's office as
3 number, right? 3 defined here a department of Storey County?
4 A Yes. 4 A Technically I guess it would be correct. I
5 Q So that would also militate that this is the 5 view it as being the office of the sheriff which is a
6 complaint that was filed in this action, would you 6 part of Storey County Government, but it's not a
7 agree? 7 department of the county government.
8 A Yes. 8 Q All right. Number seven, it basically says,
9 Q Let's look at some of the allegations. Let's 9 and I think you've already answered this, you're
10 look at some of the more simple ones. On the first 10 responsible for making employment and management
11 page, allegation number two, it says -- it alleges that 11 decisions for the sheriff's office, right?
12 you're a resident of Storey County. Are you in fact a 12 A Yes.
13 resident of Storey County? 13 Q And you're the ultimate decision maker there,
14 A Yes. 14 correct?
15 Q How long have you been a resident of Storey 15 A I think so, yes.
16 County? 16 Q Now, Miss Keener, she was your chief deputy at
17 A Since 2006. 17 one time?
18 Q Since 2006 have you ever lived outside of 18 A Yes.
19 Storey County? 19 Q And I think you said for about a
20 A No. 20 year-and-a-half, I believe?
21 Q And the residence you live within is within the 21 A Pretty close.
22 geographical confines of Storey County? 22 Q Excuse me, I don't think I've even asked you
23 A Yes. 23 how long. Let's start over on that. Miss Keener was
24 Q All right. Let's just go to number six. These 24 your chief deputy, correct?
25 are very mundane questions, but however I just want to 25 A Yes.
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1 Q And from when to when? 1 that role, so we formalized it to the extent of being an
2 A I'll have to go back and look at the dates, but 2 acting capacity, and then I believe it was based on
3 there was a period of time that she was in an acting 3 budget and the election cycle as to why we waited to
4 capacity and then there was a period of time where she 4 make a permanent position.
5 was in the official capacity, so altogether it was a 5 Q Now, who put her in that role?
6 year-and-a-half, two years. 6 A I did.
7 Q You can go ahead and put the exhibit down 7 Q How many deputies, et cetera, did you have
8 because I'm going to ask you a few questions and then 8 working for you at that time?
9 we'll come back to it. So she was in an acting 9 A Including the jail staff, 20.
10 capacity. Can you kind of elaborate on that a little 10 Q So you chose Miss Keener out of all the 20 to
11 bit more? 11 fill that role?
12 A Basically doing the function of the chief 12 A Yes.
13 deputy, but not officially titled as chief deputy. 13 Q So the reason, because you are a conscientious
14 Q Why was it set up that way? 14 sheriff you had her fill that role because obviously she
15 A Well, it wasn't anything that was necessarily 15 was a good law enforcement officer, right?
16 set up. It was just the way that things worked out, and 16 A I thought she was, yes.
17 whether it's fiscal reasoning or just hadn't gotten 17 Q And she was a good person to put in that role,
18 around to making the actual switch yet, still had to 18 is that a correct statement?
19 have the function filled, but wasn't ready to make it a 19 A I thought so, yes.
20 permanent assignment. 20 Q And she was doing so well in filling in the
21 Q So obviously the spot came up, right? 21 role that you made it permanent eventually, right?
22 A Yes. 22 A Yes.
23 Q Who was in the spot prior to Miss Keener? 23 Q Now, let's go ahead and pick up Exhibit 2
24 A Tad Fletcher. 24 again, the complaint, and we'll start on Page 2 of the
25 Q T-a-d? 25 complaint. I just had you turn there so you can look at
Page 70 Page 72
1 A Yes. 1 it if you need to.
2 Q Tad Fletcher. And how long had Mr. Fletcher 2 Now, there was a sheriffs and chiefs
3 been the chief deputy? 3 association convention held in Ely, Nevada in July,
4 A I'll have to go back and check for sure, but I 4 2015, right?
5 think about three years. 5 A Yes.
6 Q Why did Mr. Fletcher leave as chief deputy? 6 Q And you and Miss Keener attended that, correct?
7 Was he fired, did he leave on his own volition, et 7 A Yes.
8 cetera? 8 Q And you drove to Ely together, is that a
9 A No, he left on his own volition to advance his 9 correct statement?
10 career. 10 A Yes.
11 Q Where did he go? 11 Q And you guys drove back from Ely, is that a
12 A To Carson City Alternative Sentencing. 12 correct statement?
13 Q Is he still there? 13 A Yes.
14 A Yes. 14 Q Miss Keener lives in Fallon?
15 Q Is he still working for Alternative Sentencing? 15 A Yes.
16 A To my knowledge, yes. 16 Q And so you picked her up in Fallon and you
17 Q What kind of position did he take at 17 went?
18 Alternative Sentencing? 18 A Correct.
19 A He took over as the chief. 19 Q And then after you guys were done, you dropped
20 Q And that was a step up from being chief deputy? 20 her off in Fallon, right?
21 A Yes. 21 A I believe that's what we did, yes.
22 Q So the position came open and you put Miss 22 Q And the two of you were the only ones from
23 Keener in there? 23 Storey County attending?
24 A I went for awhile without doing anything and 24 A Yes.
25 then she was put in. As it turned out, she was filling 25 Q Who else, just examples, was it -- let me
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1 scratch that. People who are attending that convention 1 A To the best of my recollection, yes.
2 were law enforcement officers from around the state? 2 Q Item number 11, "Around midnight that evening,
3 A Yes. 3 Miss Keener and Mr. Antinoro left the casino area to
4 Q Is it generally reserved for, as the title 4 head for their respective rooms." Is that true so far?
5 suggests, for sheriffs and chiefs? 5 A Pretty much, yeah.
6 A It's sheriffs and chiefs and oftentimes their 6 Q And your rooms were across the hall from one
7 second or third in command. It's not uncommon for 7 another, is that a correct statement?
8 undersheriffs, chief deputies. Some of the smaller 8 A I don't recall what the layout was. They were
9 agencies that don't have those, they bring a sergeant. 9 in close proximity. It's a small place.
10 Q And what was the purpose of that convention, 10 Q During your walk to your respective rooms, Miss
11 meaning why -- what was the purpose of the convention? 11 Keener mentioned to you that over the past two days she
12 A The sheriffs and chiefs convention, they 12 had lost some money gambling, right?
13 provide training to the sheriffs and chiefs, they have 13 A She did.
14 meetings to formulate what we're doing as an 14 Q She said blowing some $80, is that a correct
15 organization and set policy basically throughout the 15 statement?
16 state. 16 A Sounds about right.
17 Q Who would attend this, just mainly Nevada 17 Q And she said good night to you and went to her
18 folks, or would it be law enforcement officers from 18 room, right?
19 other states? 19 A Yes.
20 A This particular one is Nevada exclusive pretty 20 Q Then after going into her room, you began to
21 much. 21 start texting her, is that a correct statement?
22 Q And this is kind of an important convention to 22 A Yes.
23 go to? 23 Q And this was an unsolicited text, is that a
24 A Pretty much, yeah. 24 correct statement?
25 Q Putting out a lot of information to the 25 A Yeah.
Page 74 Page 76
1 different departments, it's also a place to share 1 Q And the text that you wrote said, "About that
2 information? 2 blowing thing," is that a correct statement?
3 A Yes. 3 A I don't recall the specifics of it, but
4 Q Also to network? 4 something to that effect.
5 A Yes. 5 Q Now, you kept copies of these text messages, is
6 Q All right. Let's kind of go down these 6 that a correct statement?
7 allegations here. We know that Miss Keener accompanied 7 A They were still on my phone, yes.
8 you there, and how long was the convention? 8 Q And you had copies made, right?
9 A I think that's generally like a two-and-a-half 9 A Yes.
10 or three-day thing. 10 Q And you had copies of other text messages that
11 Q Where did you all stay? 11 you made as well that were going back and forth between
12 A The name of the place was the Prospector Lodge 12 you and Miss Keener, is that a correct statement?
13 in Ely. 13 A Yes.
14 Q Is that the same place where the convention was 14 Q Did you provide copies of these text messages
15 held? 15 to your attorney?
16 A Yes. 16 A I did not.
17 Q Let's go down these allegations. That's 17 Q Do you still have these text message copies in
18 probably the best way to get to this without beating 18 your possession?
19 around the bush too much. 19 A I still have the phone that has the text
20 Let's start with number ten, "During the 20 messages, yes.
21 evening of the last night of the convention, Miss Keener 21 Q Okay. So if I do a request for production for
22 was in the casino area of the hotel where she and Mr. 22 copies of that, you'll be able to provide that to your
23 Antinoro were staying, playing virtual blackjack with 23 attorney, is that a correct statement?
24 Mr. Antinoro and socializing with other convention 24 A I believe they were provided to the attorney
25 attendees." Is that a true statement? 25 who did the county's investigation, so yes, they're all
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1 in printed form at some location. 1 as you said, the text messages will speak for
2 Q Now, those copies of those text messages are on 2 themselves.
3 file at the county as well; is that right? 3 BY MR. FLANGAS:
4 A I don't know where they're at. I'm sure they 4 Q Go ahead and answer.
5 exist someplace. 5 A That's what I've been saying. I don't know
6 Q Okay. Now, when you said "about that blowing 6 that that was the first text message that I sent. There
7 thing," you sent an emoticon, right? 7 was a conversation about going back and having another
8 A I don't recall if I did or not. 8 drink.
9 Q If the text message shows that it would 9 Q So there was a conversation about going back
10 probably show a smiling face emoticon, right? 10 and having another drink. Was there any other
11 A It may. I don't recall what specifically it 11 conversation prior to that text message about that
12 said. 12 blowing thing?
13 Q Now, you meant by sending that text to have 13 A I don't know. I don't know how many times I
14 some kind of sexual innuendo, is that a correct 14 have to say that. I don't recall the order of the text
15 statement? 15 messages.
16 A I don't believe that I had any specific intent. 16 Q Okay. The conversation that you're referring
17 It was just a conversation. 17 to was all via text?
18 Q So you said "about that blowing thing" and 18 A Yes.
19 nothing else, so that's a general conversation that you 19 Q So there was no verbal conversation, it was
20 just said out of the blue, said about that blowing 20 text messages after you guys went to your respective
21 thing? 21 rooms, right?
22 A There was more conversation back and forth than 22 A Yes.
23 that and where that particular text message fit into 23 MR. RANDS: I'm just going to object as to
24 things, I don't know. There was discussion back and 24 time. There were verbal conversations clearly earlier
25 forth about going back and having another drink. 25 when they were -- before they went to their rooms.
Page 78 Page 80
1 Q So basically what you told me just a little 1 MR. FLANGAS: I'll make sure it's clear because
2 while ago, the two of you were walking to your room, not 2 I thought I was fairly clear on that.
3 your room, to your respective rooms, right? 3 MR. RANDS: Thank you.
4 A Yes. 4 BY MR. FLANGAS:
5 Q And a conversation took place that she was 5 Q After you went back -- after you guys went to
6 telling you she had blown some $80 gambling, right? 6 your respective rooms, there was no more verbal
7 A Yes. 7 conversation, is that a correct statement?
8 Q You guys said goodnight, correct? 8 A Correct.
9 A Yes. 9 Q All the conversations subsequent to you going
10 Q Went to your respective rooms, right? 10 to your room was by text message, right?
11 A Yes. 11 A Yes.
12 Q And then you told me that you sent her a text 12 Q Okay. I just wanted to make sure it's clear.
13 message, right? 13 Now, Miss Keener -- let's go back to "about
14 A There were several text messages. 14 this blowing thing." Again, my question about that is,
15 Q But the first one you sent was "about that 15 "about that blowing thing," was that sexual innuendo on
16 blowing thing"? 16 your part?
17 A I couldn't tell you if that was the first one. 17 A I don't believe it was. I wasn't viewing it
18 That's what I've already answered. I don't recall what 18 that way.
19 order. There was a general conversation back and forth, 19 Q So what would you be viewing "that blowing
20 not necessarily leading off with that. 20 thing" as to?
21 Q All right. The text messages will speak for 21 A I was joking with her about the amount of money
22 themselves. So what conversation are you claiming that 22 that she had spent.
23 you had that preceded your statement "about that blowing 23 Q All right. And Miss Keener responds -- let's
24 thing"? 24 look at 15. Miss Keener responded to you, is that a
25 MR. RANDS: Objection, asked and answered and, 25 correct statement?
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1 A There were several responses back and forth, 1 A Yes.
2 yes. 2 Q And the investigation was done by Donald L.
3 Q I'm trying to go in chronology here, so if you 3 Christensen, Esquire?
4 feel that there was something else in there, will you 4 A I believe so.
5 please let me know? 5 Q If we could have this marked as Plaintiff's
6 According to the allegation in the complaint, 6 Exhibit 3.
7 the next message was she responded to you saying she had 7 (Exhibit 3 was marked.)
8 actually blown about 100 bucks altogether. Did she send 8 BY MR. FLANGAS:
9 you that? 9 Q I'm showing you what's marked as Plaintiff's
10 A Sounds like it would be a proper response, or 10 Exhibit 3, and going back to the lower right-hand
11 it would have been a likely response. 11 corner, I'm going to just dispense with reading all the
12 Q And you responded as, "I always knew you could 12 zeros, but there's an MK 9, correct?
13 100," and, "I'm bored stiff over here," with other 13 A Yes.
14 smiley face emoticons. You sent that back? 14 Q And the document goes all the way to MK 18, is
15 A I don't recall the specifics of the messages, 15 that a correct statement?
16 but those would have been along the lines of the text 16 A Yes.
17 conversation back and forth. 17 Q Let's look at the last page here which is MK
18 Q So were you -- was this sexual innuendo on your 18 18. It's signed by Donald L. Christensen; is that
19 part to make these statements? 19 right?
20 A It was not. 20 A Yes.
21 Q So you were bored stiff over here -- 21 Q So that will indicate that he's the author of
22 A I use that term frequently. 22 this report, right?
23 Q Let me finish. You said, "I'm bored stiff over 23 A That's what it would indicate, yes.
24 here," and you also said, "I always knew you could 100." 24 Q And I think you told me a little while ago that
25 So what did you mean "I always knew you could 100"? 25 there was an investigation and that Mr. Christensen
Page 82 Page 84
1 A Because in the past we talked about gambling 1 conducted the investigation, right?
2 and the amount of money that could easily be gone 2 A Yes.
3 through, and just with the amount of time we had been 3 Q Let's go to the first page which is MK 9, and
4 there, I figured that $80 wasn't much because I think I 4 just for identification purposes, MK 9 is Page 32 of the
5 had already lost more than that. 5 document, right?
6 Q And Miss Keener finally told you it's getting 6 A It appears to be.
7 late and she was going to bed, right? 7 Q And then if you go all the way through the
8 A It sounded something like that. 8 document, all the numbers line up all the way to 41,
9 Q And then you responded telling her that she was 9 correct?
10 a party pooper and something to the effect that she was 10 A It appears to, yes.
11 being too serious; is that right? 11 Q You've been provided a copy of this, correct?
12 A I don't recall what the text was. I'd have to 12 A I don't know that I have or not.
13 look at it. 13 Q You've seen this document before, haven't you?
14 Q And then she responded to you telling you it 14 A I don't know that I have or not. I was given a
15 was her job to keep you out of trouble and that she 15 portion of his findings, but I don't know if that was
16 would see you in the morning, right? 16 this or something else.
17 A It could have been something in that regard, 17 Q Mr. Christensen interviewed you during his
18 yes. 18 process of investigation, is that a correct statement?
19 Q Now, this was reported by Miss Keener 19 A Yes.
20 eventually, correct? 20 Q If you'll turn to Page 33, it talks about --
21 A Yes. 21 are you on Page 33?
22 Q And there was an investigation done, right? 22 A Yes.
23 A Yes. 23 Q It talks about text messages; is that correct?
24 Q And I think the investigation was done at the 24 A Yes.
25 behest of the county, is that a correct statement? 25 Q And if you look at that first paragraph, you go
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1 down to the fourth sentence, it says, "Antinoro, the 1 A Yes.
2 person against whom the complaint was filed, maintained 2 Q What were you referring to when you told the
3 his record of the text on the phone he no longer 3 investigator -- let me back up. Did you tell the
4 actively used." Is that what that says? 4 investigator that?
5 A I'm trying to find where you're talking about. 5 A Something to that regard, yes.
6 Q You see on Page 33 which is MK 10, there's the 6 Q All right. And so what text messages -- what
7 heading text messages bold and underlined? 7 type of bantering are you referring to that occurred in
8 A Yes. 8 the text messages that you guys had exchanged prior to
9 Q And there's a paragraph that starts directly 9 all this happening?
10 underneath that, right? 10 A Just talking in general sense regarding the
11 A Yes. 11 conversations and the texts back and forth over the
12 Q If you go down to the fourth line and go over 12 years of working together.
13 to the right there a little bit, you'll see a comment 13 Q But you said bantering. What kind of bantering
14 that says, "Antinoro," do you see it? 14 were you doing?
15 A Yes. 15 A Maybe bantering isn't the proper word. Just
16 Q It says, "Antinoro, the person against whom the 16 communication, joking around back and forth and you can
17 complaint was filed, maintained his record of the text 17 describe it however you would like.
18 on a phone he no longer actively used." Is that what it 18 Q Okay. What type of joking back and forth?
19 says? 19 Give me some examples.
20 A Yes. 20 A It could have been about any number of things.
21 Q And that's a correct statement, you maintained 21 It could have been about something with the county
22 the record of the text, right? 22 commission, it could have been about something in the
23 A Correct. 23 news, it could have been about something at a training
24 Q It says on a phone that you no longer actively 24 or something of that nature. It could have been about
25 use, so that phone is no longer in service? 25 anything.
Page 86 Page 88
1 A That is correct. 1 Q Was any of this bantering of a sexual nature?
2 Q But you have the phone, correct? 2 A You can make just about anything into sexual
3 A Yes. 3 innuendo if you try hard enough, but I wouldn't say that
4 Q Now, the next line, the investigator says, 4 any of it was sexual on its face.
5 "While these events that preceded the procurement of the 5 Q Now, the investigator obtained your previous
6 text messages for this investigation were interesting, 6 text messages prior to the ones that are at issue; is
7 there is no dispute as to the content of the text 7 that correct?
8 messages sent between Melanie Keener and Sheriff 8 A You'll have to clarify your question.
9 Antinoro on July 22nd, 2015." Is that what that says? 9 Q We got the text messages that are at issue that
10 A Yes. 10 happened in Ely after you and Miss Keener went to your
11 Q Now, that would -- just so we can fix the exact 11 respective rooms, right?
12 date, that would indicate your text messages were 12 A Yes.
13 originally sent on July 22nd of 2015, right? 13 Q You mentioned to the investigator that you had
14 A That is what it would indicate. 14 text messages where there was bantering going back and
15 Q Now, at the very bottom of that page, it starts 15 forth between you and Miss Keener prior to that night in
16 with a sentence fragment that begins with, "Sheriff 16 Ely, right?
17 Antinoro," do you see it? 17 A I believe that was part of a conversation I had
18 A Yes. 18 with him.
19 Q It says, "Sheriff Antinoro asserted that they 19 Q And you provided copies of those text messages
20 were initiated for the purpose of trying to find out if 20 to the investigator, is that a correct statement?
21 Keener wanted to get another drink and about her 21 A I provided him with some that I had on my
22 gambling. He also contends that these messages are 22 phone.
23 consistent with the bantering back and forth that 23 Q Where else would you have had them other than
24 occurred in text messages exchanged between them." Is 24 your phone?
25 that what that says? 25 A Well, phones get changed over the course of
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1 time and you delete things over the course of time. 1 correct, how does saying "and about that whole blowing
2 Q So what was the last time that you had changed 2 thing" LOL with a winking emoji in any form, shape or
3 your phones prior to this one? 3 manner communicate that you want to go get another
4 A I couldn't tell you. 4 drink?
5 Q Did you tell the investigator that that was a 5 A That in and of itself does not.
6 complete set of the text messages? 6 Q That in and of itself would probably be
7 A Not that I recall. 7 interpreted as sexual innuendo on your part, right?
8 Q Let's go halfway down on that, still looking on 8 MR. RANDS: Objection, argumentative and asked
9 Page 30 which is MK 11. Let's go down to the third 9 and answered, but you can go ahead and answer it again.
10 paragraph that starts with the text messages themselves. 10 THE WITNESS: I don't believe that it is. It's
11 Are you there? 11 however you want to interpret it.
12 A Yes. 12 BY MR. FLANGAS:
13 Q Let's see what the investigator said about 13 Q Did you intend for that to be sexual innuendo
14 this. He says, "The text messages themselves provide 14 at that time?
15 ample grounds for finding that they could be reasonably 15 A No, I did not.
16 interpreted as offensive, derogatory, or suggestive 16 Q The investigator goes on to say, "Instead, it
17 comments and/or requests, demands or pressure for sexual 17 is far more reasonable to interpret this initial
18 favors." Then it says, "The first message sent by 18 communication as one that was making an oblique
19 Antinoro was "and about that whole blowing thing, LOL, 19 reference to an oral sexual act for the purpose of
20 with a winking emoji included." 20 seeing what response would be made to the comment." Do
21 Do you have any reason to doubt that that's 21 you see that?
22 what that said according to the investigator? 22 A I see it.
23 A Well, that's his interpretation of it, yes. 23 Q That appears to be a finding by the
24 Q What was the purpose of sending a winking emoji 24 investigator, right?
25 then along with the words "that blowing thing"? 25 A That appears to be his opinion, yes.
Page 90 Page 92
1 A I couldn't tell you what was going through my 1 Q And he was commissioned by the county to
2 head at the moment in time, but it was, like I said, 2 investigate this, right?
3 giving her a bad time about her gambling. 3 A That's what my understanding is.
4 Q Were you drunk? 4 Q Then it says, "When Keener responded with a
5 A I don't believe so. 5 message about whether she actually blew 80 or 100,
6 Q Then his sentence goes on, "It is undisputed 6 Antinoro appears to have taken the response as a
7 that Keener told him that evening that she had blown $80 7 possible opening for continuing down the path he had
8 gambling." Do you have any reason to dispute what the 8 already started by writing where he says, nice, I always
9 investigator says there? 9 thought you could. LOL." Did you write that in
10 A That's what he put in there, so I know that she 10 response to Miss Keener's text message?
11 had mentioned blowing $80. 11 A I may have. If that's what I presented to him
12 Q You mentioned this was all about a drink and 12 in the text, then I would say yes.
13 let's see what the investigator says. It says, "It is 13 Q Was it your intention to say that she could
14 not reasonable to believe that if Antinoro was truly 14 blow 100?
15 initiating these communications simply to ask whether 15 A I think my intent was to say what it says.
16 Keener wanted to get another drink, he would do so in 16 Q The investigator says, "That response by him
17 that manner." Does that make sense to you? 17 appears to be a remark aimed at some sort of ability or
18 A That's his opinion. 18 skill by Keener that he was professing to admire."
19 Q Right. So if you want to say, do you want 19 That's what the investigator says, right?
20 another drink, could you have just said do you want 20 A That's what's documented in here, yes.
21 another drink? 21 Q And then he says, "It makes no sense to claim
22 A I believe that that was something that was 22 that he was impressed to learn that Keener had the
23 actually broached. 23 ability or skill to spend $100 gambling rather than just
24 Q I'm trying to wrap my head around, and maybe 24 80." That's what he says?
25 you can explain it to me, assuming what's in here is 25 A That's what's written in here, yes.
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1 Q Can you explain how that makes sense, that you 1 A Yes.
2 would be impressed that she could spend $100 rather than 2 Q So he's looking at you said blowing thing, that
3 just 80? 3 was your initial text; he's looking at -- and that
4 A Just along the lines of figuring or thinking 4 blowing text had a winking emoji included with it, and
5 that she had spent more than $80. 5 when she told you she had blown 80 to $100 gambling, you
6 Q It's more or less -- at the risk of sounding 6 came back at her and said I always knew you could --
7 argumentative, it's more along the lines that you're 7 nice, I always thought you could, laugh out loud, and
8 engaging in sexual innuendo, correct? 8 then when she kind of was trying to dog this off, you
9 MR. RANDS: Objection, it's argumentative and 9 said, we should have another drink, now I'm bored stiff,
10 asked and answered. 10 laugh out loud.
11 BY MR. FLANGAS: 11 So is it reasonable to conclude that you were
12 Q Yes? 12 engaging in sexual innuendo there?
13 A Reask the question. 13 A Like I said, that would be your opinion.
14 Q Could you read back the question, please? 14 Q I'm not asking my opinion. I'm asking you is
15 (The record was read by the reporter.) 15 it reasonable to conclude that you were engaging in
16 THE WITNESS: That would be your opinion. 16 sexual innuendo based on that?
17 BY MR. FLANGAS: 17 A Based on --
18 Q I'm not asking my opinion. I'm asking for a 18 MR. RANDS: Objection, calls for a legal
19 yes or no answer. Were you engaging in sexual innuendo? 19 conclusion and calls for a conclusion on the ultimate
20 A I don't believe so, no. 20 case, but go ahead and answer if you can.
21 Q Then it says, "To the contrary, it is 21 THE WITNESS: Based on my point of reference,
22 reasonable to believe that this message was already 22 based on my thought process, no, that was not sexual
23 related to the same potential oral sexual act as 23 innuendo.
24 referenced in his initial message." Do you see that? 24 BY MR. FLANGAS:
25 A Yes. 25 Q Let's take it outside your thought process. A
Page 94 Page 96
1 Q So the investigator, it would appear by his 1 reasonable person could conclude -- would you agree with
2 writing, he's looking at the text messages that were 2 me a reasonable person could conclude that that was
3 sent that night, right, one after another? 3 sexual innuendo on your part?
4 MR. RANDS: Objection, calls for speculation. 4 MR. RANDS: Objection, calls for speculation.
5 Go ahead. 5 Go ahead.
6 THE WITNESS: I would assume. 6 THE WITNESS: A reasonable person could
7 BY MR. FLANGAS: 7 conclude whatever they wanted on the basis of that.
8 Q So then we'll go to the last paragraph fragment 8 BY MR. FLANGAS:
9 that says, "Although Antinoro." The investigator goes 9 Q We have an investigator hired by the county who
10 on to say, "Although Antinoro finally did make reference 10 made that conclusion, right?
11 to the possibility of having another drink with Keener 11 A Apparently.
12 by saying we should have another drink, he followed that 12 Q We're on Page 35 which is MK 12. Are you with
13 up with a statement, now I'm bored stiff, LOL," right? 13 me?
14 A That's what he writes, yes. 14 A Yes.
15 Q Is that what you wrote? 15 Q It says, "If Antinoro was merely trying to
16 A That probably sounds about like what I would 16 convey the idea that he had somehow become bored in the
17 have written. 17 time returning to his room and initiating the texting
18 Q You said, "Now I'm bored stiff, LOL," and that 18 without making a sexual reference, it would have been an
19 was in conjunction with "the blowing thing," that was in 19 easy matter to have done so. The fact that he included
20 conjunction with "I always thought you could," and all 20 the word "stiff" and then concluded the message with LOL
21 the other things that went back and forth, right? 21 is an indication that he had more in mind than merely
22 A I don't follow you. 22 informing Keener that he was bored at some after 11:20
23 Q He's saying you wrote, we should have another 23 p.m." That's what the investigator says, right?
24 drink and then you followed up with a statement now I'm 24 A That would be his stated opinion, yes.
25 bored stiff, right, LOL? 25 Q And LOL means laugh out loud, right?
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1 A Yes. 1 BY MR. FLANGAS:
2 MR. RANDS: I'm glad you clarified that, too, 2 Q When you said that Sergeant Bowers talked to
3 by the way. I'm too old to get involved in all these 3 you after the complaint came out, what complaint are you
4 text terms. 4 referring to?
5 MR. FLANGAS: I don't use them. 5 A The complaint that was made in February.
6 BY MR. FLANGAS: 6 Q The complaint by Miss Keener to the county?
7 Q Do you know Sergeant Bowers? 7 A Correct.
8 A Yes. 8 Q So when did Sergeant Bowers talk to you in
9 Q Who is Sergeant Bowers? 9 relation to that complaint?
10 A One of the deputies at the sheriff's office. 10 A I couldn't tell you. Within a few days of it.
11 Q Is Sergeant Bowers still with the sheriff's 11 Q A few days after?
12 office? 12 A Yes.
13 A Yes. 13 Q And where were you when you and he had the
14 Q Is he still a deputy? 14 discussion?
15 A He's still a sergeant, yes. 15 A In the sheriff's office.
16 Q Difference between a sergeant and a deputy? 16 Q How did it come about that you ended up in a
17 A Just a supervisory capacity. 17 discussion with Sergeant Bowers about Miss Keener's
18 Q So he's a supervisor, right? 18 complaint?
19 A Yes. 19 A I couldn't tell you how it came about.
20 Q At the time that this occurred in Ely, Nevada, 20 Q Did he just come and say, I heard a complaint
21 what was Sergeant Bowers' position? 21 has been filed?
22 A I believe he was a patrol sergeant at the time. 22 A I couldn't tell you how the conversation came
23 Q So he was a sergeant, right? 23 about.
24 A Yes, he was a sergeant. Whether he was on 24 Q Did you go to him and say, hey, I heard that
25 patrol or investigations, I don't recall. 25 Miss Keener talked to you?
Page 98 Page 100
1 Q Now, Bowers -- are you aware that Miss Keener 1 A I couldn't tell you how the conversation came
2 talked to Sergeant Bowers about your behavior on the Ely 2 about.
3 trip? 3 Q So what did he tell you specifically at that
4 A I am not aware of that. 4 time?
5 Q Did Mr. Bowers ever address it with you? 5 A To the best of my recollection, he just said
6 A I heard nothing about it from Mr. Bowers until 6 that Miss Keener had come and spoken with him a couple
7 the complaint had been filed. 7 of weeks prior to making her complaint to the county.
8 Q And what did Mr. Bowers tell you after the 8 She had come and spoke to him about these events.
9 complaint had been filed? 9 Q Did he tell you whether or not Miss Keener was
10 A Just that Miss Keener had spoken to him a 10 upset?
11 couple of weeks earlier about it. 11 A He did not, just that she had come and spoken
12 Q Did he tell you that she had talked to him 12 to him.
13 shortly after the trip? 13 Q Now, if you'll go to the first page of
14 A No. 14 Exhibit 3 which is still the investigative report, and
15 Q So let's get this straight on Sergeant Bowers. 15 it says on Page 32 which is MK 9, you see it says
16 He talked to you a couple weeks after the complaint came 16 Analysis, Opinions and Conclusions?
17 out? 17 A Yes.
18 A No. 18 Q And it says -- let's look at that second
19 MR. RANDS: Let's just clarify. Are you 19 paragraph under that heading, and we're going to go down
20 talking about the complaint -- 20 one, two, three, four, five, six -- or five lines down
21 MR. FLANGAS: You're right. 21 and there's a sentence that starts, "After conferring
22 MR. RANDS: -- that started this lawsuit, or 22 with you at your direction," are you there?
23 the complaint in February? 23 A Yes.
24 MR. FLANGAS: You're absolutely right. 24 Q "The investigation was limited to the
25 25 allegations concerning whether Miss Keener was subjected
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1 to harassment based on her gender in violation of policy 1 right?
2 202." Is that what it says? 2 A I believe so.
3 A Yes. 3 Q Did they tell you whether or not you could
4 Q All right. Bear that in mind and let's turn 4 appeal that, or was there any way you could respond to
5 back now to Page 36 which is MK 13. About halfway down, 5 it or anything like that?
6 you can see a description of sexual matters on the drive 6 A No.
7 from Ely to Fallon? 7 Q Did you respond to it?
8 A Yes. 8 A I was never given the opportunity to.
9 Q But above it, it has a paragraph that says, and 9 Q When one of these three people told you that
10 if you read along and make sure I read it correctly, 10 you had violated Policy 202 with those text messages,
11 "For the foregoing reasons, it is my opinion that 11 did you -- excuse me, scratch that.
12 Sheriff Antinoro's conduct in sending the text message 12 When one of those three people told you you had
13 described above to Melanie Keener on July 21st, 2015 13 violated Policy 202, what else did they tell you as far
14 violated the provisions of Policy 202 as described 14 as that goes?
15 above." Is that what that says? 15 A Nobody told me I violated the policy. I was
16 A Yes. 16 given a copy of this some weeks, months after it had
17 Q Were you informed by the investigator that 17 been completed and told this is the investigator's
18 according to his report, that you had violated the 18 findings.
19 provisions of Policy 202 pertaining to those text 19 Q So you did actually receive a copy of this
20 messages? 20 report then?
21 A No. 21 A Well, I was given a portion of it. I don't
22 Q Did anybody inform you that you had violated 22 know that I was given the entire thing.
23 that provision as far as those text messages go? 23 Q The one that's marked as Exhibit 3, were you
24 A I was informed that in the investigator's 24 given that by one of these folks?
25 opinion, there had been a violation of the policy. 25 A That's what I just answered. I was given at
Page 102 Page 104
1 Q All right. So we'll use your words. So you 1 least a portion of it. I don't know that I received the
2 were informed that the investigator's opinion was that 2 entire packet.
3 you violated Policy 202 by sending those text messages, 3 Q Okay. Let's go back to the complaint, so if
4 right? 4 you'll pick up Exhibit 2, please, and I think we left
5 A Correct. 5 off on Page 3. Am I correct in that assumption?
6 Q Now, who informed you? 6 A I don't recall.
7 A I don't recall if it was the county manager or 7 Q I think I was being a little flippant there.
8 the county HR or the District Attorney. It could have 8 We were on Page 3, so let's go down to paragraph 18.
9 been any one of them. 9 Before we go there, let's go up to paragraph 17.
10 Q So the county manager is Pat Whitten, correct? 10 Let's assume that it was reasonable for Miss
11 A Yes. 11 Keener to believe that those text messages that you sent
12 Q Who is the HR director? 12 to her in Ely, Nevada that we've been talking about were
13 A Austin Osborne. 13 filled with sexual innuendo. Would it be reasonable for
14 Q How long had Mr. Osborne been the HR director? 14 her to be shocked and upset about that?
15 A I don't recall. 15 A I couldn't tell you what would be reasonable in
16 Q Was he the HR director a year or two prior to 16 her mind.
17 this incident? 17 Q I'm just talking would it be reasonable as a
18 A I believe so. 18 general human being to be shocked and upset?
19 Q When I say this incident, I'm still talking 19 A You're asking me would it be reasonable for her
20 about Ely. You understand that? 20 to think that way. I couldn't tell you what would be
21 A Yes. 21 reasonable for her.
22 Q And then the D.A., who was the D.A. at the 22 Q You were her boss, right?
23 time? 23 A Yes.
24 A Anne Langer. 24 Q You're sending these text messages and if
25 Q So one of those three people told you about it, 25 they're interpreted as being sexual innuendo, would it
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1 be reasonable for her to be upset about that? 1 was said.
2 MR. RANDS: Objection, calls for speculation 2 Q But the message that you were conveying was you
3 and also an incomplete hypothetical, but go ahead. 3 hoped you hadn't offended her, is that a correct
4 THE WITNESS: I can't tell you what would be 4 statement?
5 reasonable for her. 5 A I couldn't tell you what I was intending to
6 BY MR. FLANGAS: 6 convey if I don't recall what I said. I don't recall
7 Q Let's put it this way: You're married now, 7 saying I hope I hadn't offended you. I may have said
8 right? 8 something, I hope I wasn't bugging you last night, I
9 A Yes. 9 hope I wasn't bothering you last night. I can't tell
10 Q Let's say your wife's boss, it's not Miss 10 you what was in my head at that point in time.
11 Keener in this position, it's your wife and her boss. 11 Q You must have felt that you offended her then,
12 Would you be upset that her boss sent you that stuff? 12 right?
13 A Whose opinion are you asking me about? 13 A That's the verbiage that's in here. That's not
14 Q Yours. 14 necessarily what I felt.
15 A Mine or my wife's? 15 Q We better stop here.
16 Q I'm asking you, would you personally be upset 16 MR. RANDS: Why don't we take a break then.
17 if your wife's boss sent you the same text messages that 17 (The noon recess was taken.)
18 you sent Miss Keener? 18
19 A Would I be upset about it? 19
20 Q Yes. 20
21 A It would depend on the context of it and what I 21
22 knew about the nature of their relationship. 22
23 Q We know what the context is because we've gone 23
24 over in gross detail. All I've asked you to do now is 24
25 I've asked you in this hypothetical to put your wife in 25
Page 106 Page 108
1 Miss Keener's shoes and her boss, her hypothetical boss 1 ***
2 in your shoes. 2 RENO, NEVADA, THURSDAY, FEBRUARY 8, 2018, 1:15 P.M.
3 My question for you, would you be upset if your 3 ***
4 wife had received the exact same text messages, exact 4 EXAMINATION (RESUMED)
5 same circumstances that Miss Keener received from you? 5 BY MR. FLANGAS:
6 MR. RANDS: Same objection. 6 Q Mr. Antinoro, we just took a short break.
7 THE WITNESS: I can't say that I would be 7 We're back on the record. You understand you're still
8 upset. I can say that I would probably want to know 8 under oath?
9 more information about it. 9 A Yes.
10 BY MR. FLANGAS: 10 Q When we left off, we were talking about the
11 Q Okay. Let's look at allegation number 18 on 11 complaint that was filed in this action which is
12 Page 3 of the complaint which is Exhibit 2. Off the 12 Exhibit 2. Can you make sure you got Exhibit 2 in front
13 record. 13 of you? We left off on section 18, and so I think
14 (A discussion was held off the record.) 14 probably the best thing to do is just pick up on 19 and
15 BY MR. FLANGAS: 15 ask you questions directly on this.
16 Q So let's look at line 18 which is the very next 16 Now, the next day after the texting went down
17 one. It says, "The very next morning near the entrance 17 in Ely, Nevada, you and Miss Keener drove back to
18 to the conference room where the convention was being 18 Fallon, Nevada; is that correct?
19 held, Mr. Antinoro told Miss Keener that he hoped he 19 A Yes.
20 hadn't offended her." Is that what that says? 20 Q And that's where Miss Keener lives, is that a
21 A That's what it says. 21 correct statement?
22 Q Did you say that to Miss Keener, that you hoped 22 A Yes.
23 you hadn't offended her? 23 Q And I believe you live closer to Virginia City
24 A I'm sure I said something to her. I don't 24 or something?
25 recall if that was the exact verbiage or what exactly 25 A Yes.
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1 Q Did you on the way back start telling stories 1 A Not to my recollection.
2 about your intimate sex life to Miss Keener? 2 Q When would you have told her that?
3 A No, not to my recollection. 3 A I believe that conversation we had took place
4 Q All right. Let's look at A right here. Did 4 on the tip from Fallon to Ely, not on our way back from
5 you tell Miss Keener that your ex-wife wanted money from 5 Ely.
6 you and that you would give her money for screwing other 6 Q But you're not sure which way it was, either
7 guys in front of you? 7 there or coming back?
8 A I probably said something to that regard. 8 A I believe it was on our way there.
9 Q Did you also tell her that one black guy was 9 Q And you also told her that one guy was pounding
10 pounding your ex-wife and you knew that the guy's dick 10 your ex-wife, right?
11 was choking her because you could hear her gagging? 11 A I may have said something to that effect. I
12 A I don't recall if I said that or not. 12 don't recall what specifically was said.
13 Q Did you tell her anything remotely similar to 13 Q Was that said in conjunction with the trip to
14 that? 14 Ely?
15 A I may have. I don't recall. 15 A All the conversation would have taken place on
16 Q Did you tell Miss Keener that he was choking 16 the one drive.
17 her because his penis was so long it was choking her 17 Q And you're saying it was on the way there?
18 from below? 18 A I believe so, yes.
19 A I don't recall saying that at all. 19 Q And did you tell her something to the effect
20 Q Did you say anything like that? 20 that the guy's dick was choking her?
21 A Not that I recall. 21 A I don't recall saying that.
22 Q Did you talk to Miss Keener about the Green 22 Q Did you tell her that the guy's dick was
23 Door? 23 choking her because you do could hear your ex-wife
24 A I may have. 24 gagging?
25 Q What is the Green Door? 25 A I don't recall those specifics of the
Page 110 Page 112
1 A It's a swingers club in Las Vegas. 1 conversation.
2 Q Do you frequent the Green Door? 2 Q Did you tell -- is it something that you would
3 A I have been there, yes. 3 have told her on that trip?
4 Q And you're a swinger? 4 A It could have been something to that regard,
5 A I have been. 5 but I don't recall the specifics of the conversation.
6 Q That's not quite my question. Are you a 6 Q Did you tell her something like he was choking
7 swinger? 7 her because his penis was so long it was choking her
8 A I have been. 8 from below?
9 Q Oh, you have been. I'm sorry, I thought you 9 A I don't recall the specifics of the
10 said -- my mistake, I apologize. I thought you were 10 conversation.
11 telling me you've been to the Green Door, sorry. 11 Q Did you say something similar to that to her?
12 Did you tell Miss Keener about the sex rooms at 12 A I may have.
13 the Green Door? 13 Q And then that would have been in conjunction
14 A I may have mentioned them. 14 with the trip to Ely, right?
15 Q And this is on the drive, we're talking about 15 A Yes.
16 the drive coming back from Ely, Nevada to Fallon, right? 16 Q And I know it's going to be repetitive on that,
17 A Not to my recollection. 17 but I want to make sure it's on the transcript. Did you
18 Q Okay. Let's back up again. 18 tell Miss Keener about the Green Door?
19 Now, you may have told Miss Keener that your 19 A We may have discussed the Green Door.
20 ex-wife wanted money from you and that you would give 20 Q And that was in conjunction with the trip to
21 her money for screwing other guys in front of you. I 21 Ely?
22 think you said you might have told her that? 22 A Yes.
23 A That's correct. 23 Q And that's a place where people go to have sex
24 Q Did you tell Miss Keener that on the trip from 24 with other people?
25 Ely to Fallon? 25 A Yes.
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1 Q A swingers place, right? 1 A Yes.
2 A Yes. 2 Q Can you give the last name again just for the
3 Q And did you tell Miss Keener about the sex 3 record?
4 rooms there? 4 A Vanderbusse.
5 A I may have said something about them. 5 Q Did you tell Miss Keener about going to strip
6 Q On the trip to Ely? 6 clubs with your ex-girlfriend?
7 A Yes. 7 A I believe I did make a comment about that.
8 Q Did you tell her that your ex-girlfriend liked 8 Q And that's on the trip to Ely?
9 going there? 9 A Yes.
10 A I don't recall if I specifically said that or 10 Q And did you tell her that she would sit at the
11 not. 11 bar near the stage without underwear and show her tits
12 Q Who is your ex-girlfriend? 12 to guys who tipped the strippers?
13 A Adriana Kovacevich. 13 A I probably said that.
14 Q You're going to definitely have to spell that 14 Q And your ex-girlfriend would have been who?
15 for the court reporter, first and last name. 15 A Adriana.
16 A Off the top of my head, I couldn't spell it for 16 Q Did you tell Miss Keener that your
17 you. 17 ex-girlfriend Adriana would let guys fondle her under
18 Q Give it your best shot phonetically. 18 her skirt while you watched from the bar?
19 A Adriana is A-d-r-i-a-n-a. 19 A I may have said that.
20 Q And her last name is what? 20 Q On the trip to Ely?
21 A Kovacevich. 21 A You're asking if I said that on the trip to
22 Q Can you give that a shot? 22 Ely?
23 A I believe it's K-o-v-e-c-a-v-i-c-h. 23 Q Yes.
24 Q Okay. Did you go to the Green Door with 24 A I may have.
25 Adriana Kovacevich -- I'll just refer to her at Adriana. 25 Q Did you tell Miss Keener that your
Page 114 Page 116
1 Did you go to the Green Door with Adriana? 1 ex-girlfriend would take some of these guys to a place
2 A I don't recall if we went there or not. 2 towards the bathroom and have sex with them?
3 Q Have you taken girls to the Green Door before? 3 A I don't recall if I said that or not.
4 A I have been there, yes. 4 Q Did you say anything similar to that?
5 Q And my question is have you taken girls with 5 A I don't recall.
6 you to the Green Door? 6 Q Did you say that you would like to watch your
7 A Yes. 7 ex-girlfriend have sex with other guys?
8 Q Have you taken girls from Storey County to the 8 A I may have said that.
9 Green Door? 9 Q Would that have been on the trip to Ely?
10 A No. 10 A Yes.
11 Q Did you take anybody that worked in the 11 Q And that would have been Adriana again?
12 sheriff's department to the Green Door? 12 A Yes.
13 A No. 13 Q Was Adriana a willing participant in these
14 Q Male or female? 14 activities?
15 A No. 15 A Yes.
16 Q Did you take anybody that was a volunteer for 16 Q Now, did you confide in Miss Keener on this
17 the sheriff's department to the Green Door? 17 trip that you were going to tell your girlfriend at the
18 A No. 18 time about your lifestyle, but you weren't sure whether
19 Q If you've taken a girl to the Green Door, would 19 or not she would accept it?
20 it most likely have been Adriana? 20 A I don't recall if that was part of the
21 A I may have taken her there, but I know I went 21 conversation or not.
22 there with my ex-wife, also. 22 Q Who was your then girlfriend around that time
23 Q And I'm sorry, which ex-wife would this be? 23 frame?
24 A Lore. 24 A I don't recall for certain who I was seeing at
25 Q Lore? 25 that point in time.
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1 Q We know it was sometime in July of 2015, 1 that she was gang raped and you allowed it. Are you
2 correct? 2 familiar with that?
3 A Yes. I was dating a couple of different girls 3 A No.
4 at that point in time and I'm not sure exactly who it 4 Q Could I have this marked as plaintiff's number
5 would have been. If I made a comment to that effect, I 5 four, please?
6 couldn't tell you who it was I was referring to. 6 (Exhibit 4 was marked.)
7 Q You eventually broke up with Adriana; is that 7 BY MR. FLANGAS:
8 correct? 8 Q I'm showing you what's been marked as
9 A Yes. 9 Plaintiff's Exhibit 4. Have you seen this document
10 Q And is it true that you broke up because she 10 before?
11 was mad at you for allowing her to get gang raped by a 11 A Doesn't look familiar.
12 bunch of other individuals? 12 Q Are you aware that your attorneys in the case
13 A No, it's not. 13 of Gilman vs. Antinoro got a protective order from the
14 Q Did she get mad at you because you allowed a 14 Court not to talk about your sex life in that case?
15 bunch of other folks -- other men to have sex with her 15 A I am.
16 that she didn't want to have sex with? 16 Q And it was based because this was provided in
17 A No. 17 discovery?
18 Q What was the reason for your breakup with 18 A I don't know that.
19 Adriana? 19 Q If you will turn to the -- this document, just
20 A She broke up with me because she didn't think I 20 for identification purposes, has the Bates stamp
21 was going to ever marry her. 21 numbers, I'm going to leave the zeros off, MK 1 to MK 8.
22 Q Had you ever heard the rumor, or had you ever 22 Would you verify that that is correct?
23 heard any rumor or scuttlebutt or however you want to 23 A That's correct.
24 define it that Adriana was angry at you because you 24 Q Now, at the bottom of each page where the
25 allowed her to be gang raped? 25 verbiage is, do you see Melanie Keener's name on there?
Page 118 Page 120
1 A One, she was never gang raped; two, I still 1 A Yes.
2 talk to Adriana, and no, she's never said that. 2 Q And then would this indicate that Melanie
3 Q Where is Adriana these days? 3 Keener put this statement together?
4 A Living her life. 4 A That would be my assessment.
5 Q Where? 5 Q So does this refresh your memory as to whether
6 A I couldn't tell you. 6 or not you've seen this document?
7 Q You said you still talk to her. 7 A I don't recall seeing it.
8 A Yeah. 8 Q Let's go to MK 2 on here. Now, the second --
9 Q By phone? 9 what appears to be the second paragraph, it says, "When
10 A We have phones, we have text messages. 10 Adriana left Antinoro," do you see that?
11 Q What's her phone number? 11 A Yes.
12 A Off the top of my head, I couldn't tell you. 12 Q It said, "Misty informed me that Adriana was
13 Q Do you have it on your phone? 13 angry with Antinoro because he had allowed her to be
14 A I do. 14 gang raped by a group of guys that he set up." That's
15 Q Could you give it to me? 15 what that says, right?
16 A (775) 434-3843. 16 A That is what is written there.
17 Q Is that her only phone number? 17 Q Is that a true statement or not a true
18 A To my knowledge. 18 statement?
19 Q When is the last time you talked to her? 19 A It is not a true statement.
20 A A couple weeks ago. 20 Q Do you know who Misty is?
21 Q Did you talk to her about the substance of this 21 A I do.
22 case? 22 Q What is Misty's name?
23 A I don't recall talking to her about it. 23 A Misty Dosen.
24 Q Do you know that some of the discovery 24 Q And that is the wife or ex-wife of Anthony
25 materials that have been provided in this case reference 25 Dosen?
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1 A His wife, yes. 1 BY MR. FLANGAS:
2 Q His current wife? 2 Q Are you aware that there's been a subpoena
3 A Yes. 3 issued for Adriana?
4 Q Does Misty know Adriana? 4 A No.
5 A Yes. 5 Q And when I say a subpoena, a subpoena to appear
6 Q Are they friends? 6 for a deposition?
7 A I don't know what the nature of their 7 A No.
8 relationship is at this point in time. 8 Q Does Adriana still work here locally?
9 Q At this point in time, but awhile back were 9 A As far as I know.
10 they friends? 10 Q Where does she work?
11 A They had been friends, yes. 11 A I'm not sure where she's working at the moment,
12 Q Was Adriana ever gang raped? 12 but she's still living here in the area, so I'm assuming
13 A No. 13 she's still working here.
14 Q Let's go back to the complaint which is 14 Q Where does -- what town does she live in?
15 Exhibit 2. Before we go back to the complaint, let me 15 A As far as I know, Carson.
16 finish this line of questioning on Miss Keener's 16 Q And you don't know where she's working today?
17 statement which is Exhibit 4. 17 A I do not.
18 Now, that paragraph I just -- that sentence 18 Q Where did she work previously? Because you
19 from that second paragraph I read you, "When Adriana 19 obviously sound like you knew where she worked at one
20 left Antinoro, Misty informed me that Adriana was angry 20 point in time for somebody.
21 with Antinoro because he had allowed her to be gang 21 A When we broke up, she had been working for the
22 raped by a group of guys that he set up," and the reason 22 National Guard.
23 I read that to you because my earlier question was had 23 Q In Carson City?
24 you ever heard that this was being said to you? 24 A Yes.
25 A Not that I recall. 25 Q Do you know a name she's going under?
Page 122 Page 124
1 Q So this statement would be the first time you 1 A Adriana Kovacevich.
2 ever heard that? 2 Q So you talk to her about every two weeks?
3 A To the best of my recollection, yes. 3 A That's not what I said. I said the last time I
4 Q When is the last time you had a discussion with 4 spoke to her was about two weeks ago.
5 Misty about anything pertaining to this case? 5 Q And prior to that, when was the last time you
6 A I couldn't begin to tell you. Don't know that 6 spoke to her?
7 I've ever spoken with her about it directly. 7 A Couldn't tell you.
8 Q All right. Have you spoke to Adriana about 8 Q Weeks, months, years?
9 this case at all? 9 A Probably within five, six weeks.
10 A I'm sure we've discussed it at some point. 10 Q When you speak to Adriana, do you speak with
11 Q So what did you and Adriana discuss? 11 her on your cell phone?
12 A I'm sure just telling her that the case was out 12 A I have spoken with her on the cell phone.
13 there. I don't recall what specifics were said. 13 Mostly it's text messaging or e-mails.
14 Q Why would you be discussing anything of the 14 Q Using your cell phone for the e-mails as well?
15 case with Adriana? 15 A On occasion, but mostly I use the computer.
16 A She's a friend. 16 Q Do you still have the text messages that you've
17 Q And you're aware that we tried to subpoena 17 shared with Adriana?
18 Adriana for a deposition, right? 18 A What shared text messages?
19 A She's not told me that. 19 Q She sent you a text message and you sent her a
20 Q Have your attorneys told you that? 20 text message. I may have just used the wrong words.
21 MR. RANDS: Objection. 21 You've had text messages with Adriana, right?
22 MR. FLANGAS: You're right, I apologize. 22 A Yes.
23 MR. RANDS: I'm going to instruct you not to 23 Q Do you have copies of those text messages?
24 answer that. 24 A If they're still on my phone, I would have
25 MR. FLANGAS: My apologies. You're right. 25 them.
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1 Q They have not been erased? 1 pounding your ex-wife?
2 A Not to my knowledge. 2 A I don't recall for certain.
3 Q When you e-mail Adriana, is that using e-mail 3 Q Did it ever -- did that ever actually happen
4 off your phone or off your computer? 4 where the guy's dick was choking her?
5 A Off my computer. 5 MR. RANDS: Objection, asked and answered.
6 Q What computer? Where would that computer be 6 MR. FLANGAS: I think I asked if he had told
7 located? 7 Miss Keener that before and now I'm asking if it
8 A In my house. 8 actually occurred.
9 Q Is it your own private computer, or is it a 9 THE WITNESS: I couldn't tell you if she ever
10 business computer or both? 10 was choked by anybody or not.
11 A It's my own personal computer. 11 BY MR. FLANGAS:
12 Q How long have you had that computer? 12 Q Did your girlfriend, and I think we identified
13 A I don't know, since it was new. I don't recall 13 her as Adriana, did she actually sit near the stage
14 when I bought it. 14 without underwear and show her tits to guys who tipped
15 Q I can't tell you -- no one will be able to read 15 the dancers?
16 the transcript and know when it was new, so 16 A Yes.
17 approximately how long ago did you get that computer? 17 Q Would your ex-girlfriend let guys fondle her
18 A Five, six years ago. 18 under her skirt?
19 Q Have you had any other computers other than 19 A That's what it appeared to me.
20 that one computer that you purchased five or six years 20 Q And would this happen while you were watching
21 ago? 21 from the bar?
22 A Not that I recall. 22 A That happened one occasion that I can recall.
23 Q Is that same computer still in your house? 23 Q Would you watch your then ex-girlfriend -- not
24 A Yes. 24 then ex-girlfriend. Would you watch your ex-girlfriend
25 Q Any other computers in your house, laptops, 25 have sex with guys?
Page 126 Page 128
1 computers? 1 A I have.
2 A My wife has hers. 2 Q Did you ever watch your -- let me rephrase
3 Q Do you have a laptop? 3 that. Did you ever have your ex-girlfriend put you on
4 A Yes. 4 the phone so that you could hear her having sex with
5 Q Business laptop? 5 other men?
6 A No. 6 A I don't recall doing that, but I may have.
7 Q Personal laptop? 7 Q You mentioned that you had a couple of
8 A Yes. 8 girlfriends, possibly two girlfriends at the time of the
9 Q How long have you had that laptop? 9 Ely trip. Did you tell either one of them about your
10 A That is my computer. That's the only computer 10 lifestyle?
11 I have. 11 A I don't believe so.
12 Q That's the one we just talked about? 12 Q As we established, you're the sheriff of Storey
13 A Yes. 13 County, right?
14 Q Now, let's go back to the complaint and go to 14 A Yes.
15 Page 3. We're going to start again on paragraph 20. 15 Q Miss Keener was your chief deputy, right?
16 We'll start with 20-A. Now, some of these things you 16 A Yes.
17 mentioned you may have said or you did say, and I'm not 17 Q So obviously you were her boss, correct?
18 going to go back and ask you every single one, but I'm 18 A Yes.
19 just going to ask you certain questions on there. 19 Q And she was your subordinate, right?
20 Would you give your ex-wife money to screw 20 A Yes.
21 other guys in front of you? 21 Q Was that appropriate for you to engage in that
22 A Well, I gave my ex-wife money. 22 type of conversation with Miss Keener?
23 Q To screw other guys in front of you? 23 A If you look at it from purely an employment
24 A That was the game that we played, yes. 24 standpoint, no, it was not.
25 Q Did that actually occur that a black guy was 25 Q It would have been a violation of the policy
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1 for sexual harassment, right? 1 being in the position of sheriff, I didn't have a whole
2 A It could have been, yes. 2 lot of people I could talk to, but that she was more
3 Q And if you'll look at Exhibit 1 here, please. 3 than just an employee, she was a friend, she was a
4 Let's go down here. Let's talk first -- let's go back 4 confidant, and any time that I needed someone to talk
5 to the prohibited conduct portion which is on MK 48 5 to, that she was available for me to talk to, and after
6 skipping the zeros. Are you there? 6 that, she said that that's what the rumor was, was that
7 A Yes. 7 I was a swinger and she asked if it was true.
8 Q That's the first page of Exhibit 1, and it 8 Q And that's how this whole thing started?
9 says, "Prohibited conduct behaviors: Employer will not 9 A Yes.
10 tolerate any form of harassment, including any 10 Q Miss Keener sees it differently; you're aware
11 conduct/behaviors on the part of employees, volunteers, 11 of that, right?
12 clients, customers, vendors, contractors, et cetera, 12 A Yes, I am.
13 that impairs employee's ability to perform his or her 13 Q So let's assume that she did say I heard you're
14 duties. Examples of prohibited conduct behavior 14 a swinger. Is it still appropriate for a supervisor to
15 include, but are not limited to, offensive verbal 15 be telling their subordinate those things that you told
16 communication, including slurs, jokes, epithets, 16 her?
17 derogatory comments, degrading or suggestive words or 17 MR. RANDS: Objection, calls for a legal
18 comments, unwanted sexual advances, invitations or 18 conclusion.
19 sexually degrading or suggestive words or comments." 19 THE WITNESS: Again, nothing is ever as simple
20 Would you agree with me that your text 20 as the attorneys make it sound. There's more
21 messages, assuming that they have a sexual innuendo, 21 conversation than that that takes place and I've never
22 would have been prohibited by this provision? 22 denied at all that we have had conversations. I'm just
23 MR. RANDS: Objection, calls for a legal 23 arguing the context in which they took place.
24 conclusion. 24 BY MR. FLANGAS:
25 25 Q Your statement that it's never as simple as the
Page 130 Page 132
1 BY MR. FLANGAS: 1 attorneys make it sound, so let's look under subsection
2 Q Go ahead and answer. 2 two again, prohibited conduct. Behaviors, it says, "The
3 A I can't make that assumption because I know 3 employer will not tolerate any form of harassment." Is
4 what the text messages were, and so I can't make the 4 that what that says?
5 assumption you're asking me to make. 5 A Yes.
6 Q How about the conversation you had telling Miss 6 Q Okay. There's been a few objections about
7 Keener many of the things on the Ely trip that you told 7 legal conclusions, so let's talk to you about your job
8 her, would that be a violation of that provision, 8 as sheriff. As we've established right now, you're the
9 section 19 under Roman numeral II? 9 person ultimately responsible for implementing the
10 MR. RANDS: Same objection. 10 policy, correct?
11 THE WITNESS: And as I've already said, if you 11 A Yes.
12 look at it from purely an employment relationship, then 12 Q And that's the policy that's set forth here in
13 it would probably constitute a violation. However, 13 Plaintiff's Exhibit 1, is that a correct statement?
14 there's much more to it than that. 14 A Yes.
15 BY MR. FLANGAS: 15 Q And as the sheriff of Storey County, reading
16 Q Okay. Let's hear what's much more to it that 16 that it says the employer will not tolerate any form of
17 you're referring to. 17 harassment, you're the one that has to figure out what
18 A Much more to it is that she's the one who 18 that means and apply it to your work force, is that a
19 implemented, instigated the conversation. 19 correct statement?
20 Q So she said tell me about your ex-girlfriend 20 A Yes.
21 having sex with other people? 21 Q Let's look on the first page, again, of
22 A No, that's not what was said. 22 Exhibit 1 which is MK 48. It's got prohibited conduct
23 Q Well, tell me how this went down. 23 behaviors, and under there it's got -- under number 20,
24 A We were driving and she made the comment that 24 it says, "Examples of prohibited conduct include, but
25 she knew that a breakup was hard on me and she knew that 25 are not limited to, offensive written communications
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1 including notes, letters, notices, e-mails, texts, or 1 little while ago that it was on the way there, but
2 other offensive messages sent by electronic means." 2 according to this report, you said there was something
3 Let me see if you'll agree to a central premise 3 happening on the way back.
4 based on that. A supervisor sending a sexually 4 So my question is two part. One, did you
5 suggestive text message to a subordinate would be a 5 engage in sexual talk with Miss Keener on the way back
6 violation of that provision, would you agree with me? 6 from Ely?
7 MR. RANDS: Objection, calls for a legal 7 A I believe, as I've stated, that it was on the
8 conclusion. Go ahead. 8 way to Ely.
9 THE WITNESS: In your hypothetical example, I 9 Q Let me rephrase my question. Did it happen on
10 would have to concur that it probably did violate it. 10 the way and on the way back?
11 BY MR. FLANGAS: 11 A To my recollection, there was sexual
12 Q Okay. Let's go back and pick up Exhibit 3 12 conversation one way.
13 again. Exhibit 3, just for the record, again, is the 13 Q All right. So do you think the investigator
14 report of the investigation that was commissioned by the 14 got it wrong here when he says it was on the way back?
15 county and performed by Mr. Christensen, correct? 15 A I believe he did.
16 A Yes. 16 Q And you told the investigator, you had these
17 Q Let's go ahead and turn to Page 36 of that 17 conversations because she had asked you about your
18 paper which is Bates stamped MK 13. Are you there, sir? 18 swinger lifestyle; is that correct?
19 A Yes. 19 A Yes.
20 Q Okay. Halfway down, a little bit more than 20 Q And then you claim she shared her sexual
21 halfway down, you got the heading Description of Sexual 21 matters with you. Is that what that says?
22 Matters on the Drive from Ely to Fallon. Then it says, 22 A That's what it says.
23 "Melanie Keener related a number of sexual incidents 23 Q Did she share her sexual matters with you?
24 described by Antinoro to her while he drove the two of 24 A Not necessarily on this trip, but over the
25 them from Ely to Fallon. Before the Ely trip, she 25 course of the time that we have worked together, she's
Page 134 Page 136
1 stated that Antinoro had never discussed the type of 1 shared several sexual matters with me and others in the
2 sexual details he described to her on that drive and she 2 sheriff's office.
3 had never asked him for any details about his personal 3 Q What others did she share these sexual matters
4 sexual activities. 4 with?
5 So let's break down that last sentence here a 5 A I recall conversations where she spoke with
6 little bit. Did you ever have discussions about sexual 6 Tony Dosen, where she spoke with Kenneth Quirk
7 details -- your sexual details with Miss Keener prior to 7 specifically.
8 the Ely trip? 8 Q And how do you know she shared sexual stories
9 A Not to my recollection. 9 with them?
10 Q And then the second part of that sentence says, 10 A Because of the nature of the conversation, the
11 "She had never asked him for any details about his 11 laughing, the things that were said. I was present
12 personal sexual activities," and I think from your 12 during some of the stories.
13 previous testimony, you disagree with that? 13 Q So what did you hear specifically when you were
14 A Prior to this time, there had been no 14 present when Dosen and Quirk were hearing these stories?
15 conversations of that nature. 15 A Her relating sexual encounters that she had had
16 Q And prior to the trip to Ely, she had never 16 and laughing at them because of the circumstances
17 asked you for any details about your personal sexual 17 involved in it.
18 activities, is that a correct statement? 18 Q When and where did these so-called stories
19 A Yes. 19 occur?
20 Q Now, what the investigator says, "When Antinoro 20 A I couldn't give you specific dates and times
21 was asked whether there was any discussion by him during 21 and places. These are the things that spread out over
22 that drive back about his intimate sex life with his 22 the entire course of our time working together.
23 prior wife and his prior partner, he stated, I'm sure 23 Q So then the answer to the question pertaining
24 there was." 24 to this report, on the trip to Ely she never discussed
25 So I guess my question for you is, you stated a 25 her intimate sexual matters with you, is that a correct
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1 statement? 1 offensive, how do you know if you're doing anything
2 A I don't recall specifically a specific 2 wrong?
3 conversation other than when I asked her if she -- or I 3 Q Let's look at that. Let's look at Exhibit 1.
4 made the comment that we did not have to have these 4 That's the policy and procedures, right?
5 conversations if she wanted to, and she said no, I've 5 A Yes.
6 shared things with you, I'm no angel, I have my own 6 Q It lays down some pretty specific guidelines,
7 history. 7 doesn't it?
8 Q And she told you that on the trip to Ely? 8 A It does.
9 A Yes. 9 Q So you can read that and tell if your behavior
10 Q So she essentially said, I'm no angel and she 10 is inappropriate pretty much, right?
11 stared things with you before, but did she actually 11 A If you're looking at a specific workplace
12 share anything with you on that trip? 12 environment.
13 A I don't recall those specifics of everything 13 Q It's a workplace environment, isn't it?
14 that we discussed. 14 A Well, I believe that in my car driving down the
15 Q Then continuing on, it says, "Finally, Antinoro 15 road talking to whom I thought was my friend on personal
16 also asserted that the relationship between himself and 16 matters on a conversation that she instigated knowing
17 Keener was more than an employer/employee relationship 17 the things that she had shared with me for the previous
18 and that it was up to her to let him know if anything he 18 ten years, no, I didn't look at it as a workplace
19 said offended her." So if it offended her, she was 19 situation.
20 supposed to tell you? 20 Q You're going to a sheriffs and chiefs
21 A I don't know what you're referring to. 21 convention, right?
22 Q Okay. Look at the -- go to MK 13. I probably 22 A Yes.
23 should have referenced it before I started reading. Are 23 Q And that was work related, right?
24 you there? 24 A Yes, it was.
25 A I'm on MK 13, yes. 25 Q Okay. You had to get there, correct?
Page 138 Page 140
1 Q Go down to the very bottom. About three lines 1 A Yes.
2 up into the far right of that line, it says, "Finally 2 Q And you drive there to go to a work related
3 Antinoro." Are you there? 3 event, right?
4 A Now I see it. 4 A Yes.
5 Q It says, "Finally Antinoro also asserted that 5 Q Miss Keener drove with you to a work related
6 the relationship between himself and Keener was more 6 event, right?
7 than an employer/employee relationship and that it was 7 A Yes.
8 up to her to let him know if anything he said offended 8 Q So she was essentially working from the time
9 her." 9 she got in your car and drove to Ely, correct?
10 So is it your assertion that if you engaged as 10 A Yes, I guess so.
11 a supervisor with a subordinate in a matter of sexual -- 11 Q When she was at that convention, she was
12 in a sexual nature and it offends that subordinate, that 12 working as well, right?
13 subordinate is supposed to tell you that it offends her? 13 A Yes.
14 A Again, I refer to my previous question. 14 Q When you drove back, she was working as well,
15 Attorneys make it all sound much easier than it really 15 correct?
16 is because my position is that I was talking to my 16 A Yes.
17 friend at the time, not to an employee. 17 Q When you dropped her off at her house, the
18 Q But let's focus on my so-called simple 18 workday ended for her pretty much, correct?
19 question. Is it your position that if a superior talks 19 A I suppose so.
20 to a subordinate in a sexual nature that makes the 20 Q You also are police officers obviously, or law
21 subordinate uncomfortable, the subordinate is supposed 21 enforcement officers, right?
22 to inform the superior that it's offending that person? 22 A Yes.
23 A As a general guideline, yes. If something is 23 Q And I think the term is you're on duty for
24 offensive in the workplace, they're supposed to make 24 24 hours?
25 some kind of complaint. If you don't know you're being 25 A That's a little bit of an exaggeration, but
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1 yes, that's an adage. 1 Q How about the substance of that statement, do
2 Q Let me put it this way, you're never off duty, 2 you agree with it?
3 right? 3 MR. RANDS: Objection, it calls for a legal
4 A Correct. 4 conclusion.
5 Q And you're her boss 24/7, correct? 5 THE WITNESS: No, I don't agree with the
6 A Yes. 6 substance of their opinion.
7 Q That doesn't change just because she's not 7 BY MR. FLANGAS:
8 clocked in, is that a correct statement? 8 Q Then it says, "Keener was subjected over an
9 A Yes. 9 extended time period to a detailed description of sexual
10 Q Let's look at MK 14. It says, "It's our 10 activities in which Antinoro was involved." Would you
11 opinion that Antinoro's descriptions of intimate sexual 11 agree that that happened?
12 conduct during the drive back from Ely related by Keener 12 A Well, we had an extended conversation, yes.
13 did occur." 13 Q And that extended conversation included a
14 So we know that there was some form of intimate 14 detailed description of sexual activities in which you
15 sexual discussions, right? 15 were involved, is that a correct statement?
16 A And I've never denied that. 16 A In essence, yes.
17 Q It says, "Keener has described in detail the 17 Q It says, "No employee should have to be
18 extent of the descriptions that occurred during the 18 subjected to this type of conduct and the evidence
19 extended drive." That's what that says? 19 indicates that Antinoro did not have this type of
20 A Yes. 20 conversation during work activities with any male member
21 Q And it says, "She told Sergeant Bowers, 21 of his office." Do you agree with that statement?
22 Sergeant Quirk and Melissa Fields about that 22 A I agree that's their position.
23 experience." Is that what it says? 23 Q No, I'm not asking if you -- I didn't ask you
24 A That's what it says. 24 if that's their position. I'm asking you, do you agree
25 Q I think we've identified Sergeant Bowers and 25 with that statement?
Page 142 Page 144
1 we've identified Sergeant Quirk. Who is Melissa Fields? 1 A What is it you're asking me to agree with?
2 A A former employee. 2 They write a statement, and sure, that's their
3 Q A former employee of the sheriff's department? 3 statement.
4 A Yes. 4 Q Let's break it down. Do you agree no employee
5 Q What did Melissa do? 5 should have to be subjected to this type of conduct?
6 A She was an administrative assistant. 6 MR. RANDS: Calls for a legal conclusion,
7 Q Did any of these three individuals ever tell 7 objection.
8 you that Miss Keener was very upset about what occurred 8 BY MR. FLANGAS:
9 on the drive to Ely or on the drive back from Ely? 9 Q Do you agree?
10 A No. 10 A I think I already answered that question.
11 Q Then the report goes on to say, "Antinoro does 11 Q I don't think you have. You just told me that
12 not deny that he could have engaged in this conduct 12 you agreed that this is their opinion. I'm asking you,
13 during the drive and admits that he has spoken of these 13 do you agree with that portion of the sentence, no
14 incidents with Keener. All of these facts lead me to 14 employee should have to be subjected to this type of
15 form the opinion that Melanie Keener is telling the 15 conduct?
16 truth about what happened during that drive." 16 A If it is unwelcome and undesired, if you put
17 Now, this part of the report, was that ever 17 that caveat in there, then sure, I would agree with
18 presented to you? 18 that.
19 A I believe I did see this portion of it. 19 Q "And the evidence indicates that Antinoro did
20 Q Then it says, "It is also our opinion that 20 not have this type of conversation during work
21 these descriptions amount to offensive verbal 21 activities with any male member of the office." Do you
22 communications that would offend a reasonable person 22 agree with that part of the statement?
23 under the conditions at the time." Do you agree with 23 A No, because as far as I know, they never asked
24 that statement? 24 about any conversations I may have had with anybody
25 A I agree that's their opinion. 25 else.
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1 Q So if they put that in there, the drafter of 1 Q Was it a hostile work environment involving
2 this report, if they put that in there, they're just 2 sexual harassment?
3 making it up? 3 A I couldn't tell you what the specifics of it
4 A Mr. Christensen discounted a lot of things that 4 were because the HR department handled it.
5 I told him, so I don't know where he's coming from in 5 Q But the HR department is for the county as a
6 the drafting of this report. 6 whole, right?
7 Q What things did he discount that you told him 7 A Yes.
8 that's not in that report? 8 Q The sheriff's department doesn't have its own
9 A I couldn't tell you specifically without going 9 HR department; is that correct?
10 over everything that we discussed, which I don't have 10 A That's correct.
11 the notes or a transcript of or anything else, but Mr. 11 Q You're in charge of the sheriff's office,
12 Christensen's investigation appears very one-sided based 12 right?
13 on reading this. 13 A Yes.
14 Q Okay. What notes or transcripts would you be 14 Q So you've got an administrative assistant who
15 referring to that you don't have in front of you? 15 is making a charge against your deputy chief or chief
16 MR. RANDS: I think that mischaracterizes his 16 deputy and you don't know what it was about?
17 testimony. He said he didn't have transcripts or notes. 17 A I don't recall what the specifics were. If I
18 He didn't say he just didn't have them in front of them. 18 knew it at the time, I don't recall what it was now, but
19 THE WITNESS: I couldn't tell you the specifics 19 I know it was handled through HR because that's where
20 of the conversation. I can only tell you from what I 20 the complaint was made and Austin took care of that.
21 have seen of his findings, that they appear to be very 21 Q Wouldn't that be something you'd want to
22 one-sided and he didn't follow-up with any of the people 22 follow-up with with HR to see what occurred?
23 that I told him he should discuss, or at least if he 23 A I guess we need a lot more time to explain how
24 did, it was never mentioned in any of the reports that I 24 Storey County works.
25 have seen. 25 Q So I'm kind of piggybacking to that comment.
Page 146 Page 148
1 BY MR. FLANGAS: 1 Is the HR director supposed to come back around to you
2 Q What people did you tell him he should 2 and say what happened?
3 follow-up with? 3 A Well, like I said, he came back and said
4 A The same people that are named in here. 4 they're both going to do some training or something. I
5 Q Adriana? 5 don't recall the specifics, but that's basically what I
6 A Sergeant Quirk, Sergeant Bowers, Sergeant 6 got, that he had it resolved and there was going to be
7 Dosen. 7 some additional training or something.
8 Q Sergeant Dosen, Kenneth Quirk and Melissa 8 Q Now, as you've stated way, way earlier in this
9 Fields; is that correct? 9 deposition, one of your duties is to manage employees of
10 A I don't believe her name ever came up because 10 the sheriff's department, right?
11 the only thing I'm aware of with Melissa Fields is the 11 A Yes.
12 complaint that she filed against Miss Keener. 12 Q And you've got two employees, one is accusing
13 Q Melissa Fields filed a complaint against Miss 13 the other of a hostile work environment and as the
14 Keener? 14 manager of the sheriff's department, you're not even
15 A Yes. 15 going to find out the details so that you can make sure
16 Q For what? 16 beyond the watch that this doesn't happen again?
17 A For creating a hostile work environment. 17 A It's not a matter of asking, it's a matter of
18 Q When was this? 18 getting the answer. If I don't get the answer, I can't
19 A At some point during the year preceding this. 19 hold them down and rubber hose them until I get one.
20 Q What was the outcome of this hostile work 20 Q Did you ask them for what happened?
21 environment complaint? 21 A I asked about what the nature of the complaint
22 A I believe that both of them wound up going to 22 was.
23 some training or something with the HR people. You'd 23 Q And they didn't tell you?
24 have to check with them because Austin Osborne handled 24 A If I was told, I don't recall the specifics.
25 that primarily. 25 Q Who did you ask about the nature of the
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1 complaint? 1 employer/employee relationship does not excuse his
2 A I would have asked HR. 2 conduct. Policy 202 governs conduct in the work
3 Q And that would have been who? 3 environment."
4 A Austin Osborne. 4 Is there anything that the investigator is
5 Q Now, just going back to that statement that I 5 saying that's incorrect in that stuff I just read to
6 was looking at, MK 14, did you have these type of 6 you?
7 sexually related conversations with any male members of 7 A I guess that's his conclusion based on what he
8 the office during the work weeks? 8 believes or perceives and I guess that's why we're here
9 A Not that I recall specifically, but I may have. 9 because my opinion is different than that.
10 Q You mentioned that the investigator didn't talk 10 Q We keep saying this is what this guy is saying.
11 to Anthony Dosen about anything. What would Mr. Dosen 11 I'm asking whether or not you agree with what he's
12 have told the investigator? 12 saying here.
13 A I couldn't tell you. 13 A No, I don't.
14 Q Then why are you saying he should have talked 14 Q Does Policy 202 govern conduct in the work
15 to Mr. Dosen? 15 environment?
16 A Because he could substantiate some of the 16 A It does.
17 things that I told the investigator. 17 Q So that would be a true statement, right?
18 Q Such as? 18 A I suppose it would.
19 A Such as, as I've indicated, the nature of the 19 Q It says, "The idea that Antinoro perceived his
20 conversations that I've had with Miss Keener during the 20 relationship with Keener as something more than a mere
21 course of our time working together. 21 employer/employee relationship does not excuse his
22 Q And the nature of these conversations would be 22 conduct." Do you agree with that premise?
23 sexually related? 23 MR. RANDS: Objection, asked and answered.
24 A There were some, yes. 24 THE WITNESS: That is the investigator's
25 Q Some. Approximately how many? 25 opinion and interpretation. I don't agree with it.
Page 150 Page 152
1 A Over the course of ten years, I couldn't tell 1 BY MR. FLANGAS:
2 you. 2 Q That's what I'm asking, do you agree or
3 Q More than one? 3 disagree with that, and you don't agree with it, is that
4 A More than one. 4 a correct statement?
5 Q More than five? 5 A That is correct.
6 A More than five. 6 Q It then goes on to say, "Keener and Antinoro
7 Q More than ten? 7 met through their employment with the county. They have
8 A More than ten, less than 100, how's that? 8 no relationship with each other outside of work." Is
9 Q This was taking place in front of other of your 9 that a correct statement?
10 subordinates? 10 A I would not say so.
11 A Yes. 11 Q You have a relationship with each other outside
12 Q Did you correct Miss Keener and say that's 12 of work?
13 inappropriate conduct? 13 A I believe that we did.
14 A No, because I didn't take that as a work issue, 14 Q Did you go to each other's houses?
15 I thought that it was friends just BS'ing amongst each 15 A We had been to each other's houses.
16 other. 16 Q For social reasons?
17 Q Let's look on MK 14 again, and it's the third 17 A Melanie came to my house when I was going
18 paragraph. The third paragraph starts, "It is also our 18 through my breakup. She came by to check on me. I went
19 opinion that." Are you there? 19 to her house obviously when I picked her up to go to
20 A Yes. 20 Ely. There had been invitations back and forth for
21 Q The last sentence of that paragraph says, "The 21 social gatherings that for whatever reason didn't occur.
22 conduct complained of falls squarely within the 22 We met in mutually neutral places over the course of the
23 prohibition against offensive verbal communications." 23 ten years.
24 It says, "The idea that Antinoro perceived his 24 Q All right. Let's talk about her coming to your
25 relationship with Keener as something more than a mere 25 house for the breakup. This was the breakup you had

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1 with Adriana, is that a correct statement? 1 Do you agree or disagree with what the investigator just
2 A Yes. 2 stated?
3 Q And when Miss Keener came to your house because 3 MR. RANDS: Objection, asked and answered.
4 of the breakup, Tony Dosen was with her, is that a 4 THE WITNESS: That is the investigator's
5 correct statement? 5 opinion.
6 A I believe so. 6 BY MR. FLANGAS:
7 Q Tony Dosen is your friend, right? 7 Q We know that's his opinion or his report. Do
8 A Yes. 8 you agree with that sentence?
9 Q So they came there because you had not been 9 A Obviously I do not.
10 showing up to work, is that a correct statement? 10 Q And then he goes on to stay, "The
11 A I had not been to work for a couple of days, 11 responsibility for acting in accordance with the
12 yes. 12 requirements of Policy 202 lies with every person who
13 Q And so they're actually doing a wellness check 13 interacts with county employees."
14 on you, is that a correct statement? 14 Now, that's what the investigator is saying.
15 A I suppose it depends on how you look at it. 15 Do you agree or disagree with that statement?
16 Q And when they left, they took your firearms 16 A I disagree with it.
17 with them, didn't they? 17 Q And the investigator writes, "It's not the
18 A They took a firearm with them, yes. 18 responsibility of a subordinate employee to inform her
19 Q Mr. Dosen, your friend, took your firearm, 19 supervisor that he must avoid conduct that violates the
20 right? 20 policy. In fact, Policy 203, section two expressly
21 A Yes, at their request. 21 states that an employee who has been subjected to
22 Q Because they were worried you were suicidal, is 22 prohibited conduct is not required to talk directly to
23 that a correct statement? 23 the alleged harasser about the conduct in question."
24 A That was their concern. 24 Do you agree with those two statements, or
25 Q You denied that previously in a deposition, 25 disagree with them?
Page 154 Page 156
1 didn't you? 1 A I disagree with them.
2 A I did, and I still deny that I was suicidal. 2 MR. RANDS: I'm just going to interpose an
3 Q No, you denied that they had to come get your 3 objection because it was two sentences.
4 weapons. 4 MR. FLANGAS: I did mention two sentences when
5 A They didn't have to come and get my weapons. 5 I asked him the question. If you like, I can break it
6 They asked to take it. I still had a dozen more in the 6 down.
7 house after they left. 7 MR. RANDS: I would like you to break it up.
8 Q So why would they just take one weapon? 8 MR. FLANGAS: Certainly. I'd be happy to.
9 A I couldn't tell you. They were worried, so to 9 BY MR. FLANGAS:
10 give them a sense of comfort, I gave them my gun. 10 Q Let's go back to MK 14. On the bottom there,
11 Q Now, you mentioned that they took your guns, 11 it says, "It is not the responsibility of a subordinate
12 but it was actually Tony Dosen that took your guns, 12 employee to inform her supervisor that he must avoid
13 right, gun or guns? 13 conduct that violates the policy." Do you agree or
14 A I don't recall who actually took them, but yes, 14 disagree with that sentence?
15 they left with a gun. 15 A I disagree with it.
16 Q Miss Keener was not with Mr. Dosen when he took 16 Q The next sentence says, "In fact, Policy 203,
17 your gun, is that a correct statement? 17 section two expressly states that an employee who has
18 A I believe they were both there at the same 18 been subjected to prohibited conduct is not required to
19 time, but I'm not sure. 19 talk directly to the alleged harasser about the conduct
20 Q Let's look on MK 14. Let's go with the last 20 in question." Do you agree or disagree with that?
21 paragraph here and it says, "Likewise, the idea that 21 A If that's what it says in the policy, then I
22 Keener failed to inform Antinoro that she found his 22 suppose that's what it says in the policy.
23 conduct to be offensive does not excuse his conduct." 23 Q So do you agree with that sentence?
24 Now, I know this is what the investigator is 24 A If that's what it says in the policy.
25 saying, so we can keep the transcript a little cleaner. 25 Q Look at the policy. It's Exhibit 1.
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1 First of all, never mind. That is Policy 202, 1 be the exact, but I think the substance of who you're to
2 correct? 2 report to are on that 25 and 26.
3 MR. RANDS: I believe the first page is 202. 3 MR. FLANGAS: I think I'm inclined to agree
4 The second page is 203 on Page 49. 4 with you.
5 BY MR. FLANGAS: 5 BY MR. FLANGAS:
6 Q And I apologize because I think I gave you the 6 Q But would you agree with me they're not
7 wrong Bates stamp numbers. So Policy 203, section two, 7 required to report it to you to tell you directly that
8 is on Bates stamp 0049, so if I can direct your 8 it's offensive behavior?
9 attention there where it says, "Employee 9 A Based on what number 24 says, it says that they
10 responsibilities," and after you look at that, can you 10 should.
11 tell me whether the sentence that's on the bottom of MK 11 Q It says, "Identify the offensive conduct
12 14 which says, "In fact, Policy 203, section two, 12 behavior to the alleged harasser and request that the
13 expressly states an employee who has been subjected to 13 behavior cease." It says, "Note: An employee is not
14 prohibited conduct is not required to talk directly to 14 required to talk directly to the alleged harasser or to
15 the alleged harasser about the conduct in question." 15 the employee's supervisor." It goes on to say that, so
16 Can you tell me whether or not that sentence is 16 it says, "Identify the conduct of the alleged harasser
17 true or not? 17 and request the behavior cease," but they're not
18 A It is there. Immediately below the sentence, 18 required to talk to you directly, would you agree with
19 it says, "The employee should identify the offensive 19 me on that?
20 conduct or behavior to the alleged harasser and request 20 A The policy allows for multiple means of
21 that the behavior cease," so yes, your sentence is 21 addressing it.
22 there. 22 Q We'll let the policy --
23 Q And who is the employee responsible to tell? 23 MR. RANDS: I think we're in a position now
24 A If you read that whole sentence or that whole 24 where we can just let the policy speak for itself.
25 paragraph, it says, "Employees who believe that they 25 We're never going to agree on what it says, so if we
Page 158 Page 160
1 personally are being or have been subjected to 1 could, let's just move on.
2 prohibited conduct behaviors and/or are the target of 2 MR. FLANGAS: I agree with you. I was just
3 any form of prohibited conduct behavior, or have 3 getting ready to say that, but I didn't want to speak
4 witnessed any other employee being subjected to these 4 over your client.
5 behaviors should immediately identify the offensive 5 MR. RANDS: I appreciate it. Thanks, Gus.
6 conduct behaviors to the alleged harasser and request 6 MR. FLANGAS: No problem.
7 the behavior cease." That's the policy that's 7 MR. RANDS: It may not be the most well written
8 immediately above the note that you asked if it was 8 policy, but it does speak for itself.
9 there. 9 BY MR. FLANGAS:
10 Q So I don't believe -- I don't want to get in an 10 Q Let's look at MK 15 which is part of Exhibit 3.
11 argument with you about this, but is it your position 11 Go to the second paragraph on there, and you can read
12 that she still has to let you know that what you're 12 along with me. It says, "With respect to the question
13 doing is wrong or offensive to her? 13 of whether this conduct impaired Keener's ability to
14 A That is my position. 14 perform her duties, Keener stated that her respect for
15 Q And I think it says -- the way I'm reading it, 15 Antinoro was further diminished by hearing the
16 it says, "It is critical, however, that an employee 16 disrespect he had for women as displayed by his
17 contact one of the individuals listed in section two or 17 description of his sexual conduct on the ride home." Do
18 three below." Two or three below, I don't think we have 18 you disrespect women?
19 a two and three below that's attached to this thing 19 A I do not.
20 right now if I'm not mistaken. 20 Q Have you ever had sex with any of your
21 MR. RANDS: If I might, it just appears -- I 21 subordinates?
22 don't know exactly where the two and three, but it 22 A I don't believe so.
23 appears what they listed is 25 and 26 are in response to 23 Q Wouldn't that be something you would know one
24 that where they can report to supervisor or the 24 way or the other without having to tell me you don't
25 designated EO officer or HR representative. It may not 25 believe so?
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1 A I may have had sex with a subordinate after she 1 her breasts.
2 was no longer a subordinate, so yes, I have to think of 2 "I spoke with the initial complainant who was
3 when the timelines are, but no, I don't believe I've 3 identified as Jennifer and was responsible for taking
4 ever had sex with anybody who was actually working for 4 the entertainers to the sheriff's office for their work
5 me at the time we engaged in any kind of sexual 5 cards. When I spoke with Jennifer, she said Mary Lynn
6 behavior. 6 and another lady, April, were present."
7 Q Who was the subordinate you had sex with when 7 Let's just start with this: Are you aware that
8 she was no longer a subordinate? 8 Donny Gilman submitted a complaint about Mr. Mendoza?
9 A Her name was Lori. 9 A I'm aware there was a complaint. Whether it
10 Q Lori what? 10 came directly from Donny Gilman or not, I couldn't tell
11 A Stappenback. 11 you.
12 Q Spell that, please. 12 Q Are you aware that he did a written complaint?
13 A S-t-a-p-p-e-n something. 13 A I believe that there was a written complaint.
14 Q What did she do for you when she was a 14 Q And what was your involvement in dealing with
15 subordinate? 15 this written complaint forwarded by Donny Gilman?
16 A She was a secretary for the police department 16 A I believe that when I was informed about it, I
17 that I worked for. 17 informed my chief deputy to look into it.
18 Q In Storey County or somewhere else? 18 Q And did your chief deputy look into it?
19 A Somewhere else. 19 A I believe so.
20 Q Have you ever had sex with a volunteer for the 20 Q And did your chief deputy -- and I'm assuming
21 county? 21 that would have been Miss Keener?
22 A No. 22 A Yes.
23 Q Have you ever had sex with -- I said a little 23 Q Did Miss Keener report back to you as to what
24 while ago did you ever have sex with anybody that worked 24 happened?
25 for you as a subordinate in the sheriff's office. Have 25 A I believe so.
Page 162 Page 164
1 you ever had sex with anybody that works for the county? 1 Q What did Miss Keener tell you?
2 A Yes. 2 A I don't recall the specifics of it.
3 Q Who? 3 Q Did she -- what was done to deputy or Mr.
4 A April Enlow. 4 Mendoza about his engaging in this type of behavior?
5 Q Anybody else? 5 A He was told to stay out of the issues involving
6 A I don't believe so. 6 the girls working at the office. I don't believe that
7 Q Did you ever have sex on county property, 7 it was ever able to substantiate anything conclusively
8 meaning owned by the county? 8 or that his actions were out of line based on the
9 A No. 9 different stories that were given, and I believe he was
10 Q Did you have sex in your vehicle, your county 10 just told to not involve himself in that unless he was
11 vehicle? 11 requested to by the office staff.
12 A No. 12 Q Okay. So he was told not to involve himself in
13 Q Let's talk a little bit about April Enlow. If 13 the work cards any more; is that correct?
14 you'll pick up Plaintiff's Exhibit 4, and I will 14 A Yes.
15 represent to you that that's Miss Keener's statement 15 Q And who told him that?
16 that we talked about earlier and if you'll turn to MK 4, 16 A I did.
17 I would appreciate it. Let's go ahead and start at the 17 Q And that was based on what Miss Keener told
18 second paragraph in there. 18 you?
19 It says, "In October, November I received a 19 A Yes.
20 complaint letter from Antinoro regarding Deputy Mendoza 20 Q And we've established Mr. Mendoza is your
21 who had campaigned for him during the election. The 21 friend, right?
22 complaint was from Donny Gilman, manager of the Mustang 22 A Yes.
23 brothel. Gilman's complaint was regarding Mendoza's 23 Q So you said there were different versions. I'm
24 comments to one of the female entertainers criticizing 24 assuming there was his version and the version that was
25 her ethics, calling her a whore, and making comments on 25 put forward by Mr. Gilman?
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1 A As well as the other people who were present in 1 prohibited conduct/behaviors, all supervisors and
2 the office at the time of the alleged occurrence. 2 managers must immediately report all allegations or
3 Q So you talked to April Enlow about it? 3 complaints or observations of such conduct/behaviors to
4 A I don't recall talking to her specifically, but 4 the EEO officer, HR representative, elected official,
5 I did talk to Mary Lynn Bacchus about it. 5 department head, or county manager."
6 Q What did Mary Lynn Bacchus tell you about it? 6 So you're an elected official, but you're the
7 A I don't recall the specifics, but whatever it 7 supervisor as well that has knowledge, right?
8 was was sufficient to leave question in my mind as to 8 A Yes.
9 what actually transpired, so the easiest way to address 9 Q Did you report any of this to an EEO officer?
10 it was just to make sure it didn't happen again. 10 A No.
11 Q Did you advise HR that this had occurred? 11 Q Did you report it to an HR representative?
12 A I don't believe so. May have. I don't know. 12 A I may have. I don't recall if I discussed it
13 Q Now, assuming that it occurred, would that have 13 with HR or not.
14 been a violation of the policy against sexual 14 Q That would have been Austin Osborne again?
15 harassment? 15 A Yes.
16 A It could have been, but I can't make that 16 Q Is Mr. Osborne still the HR director? I may
17 assumption based on what I know about the incident. 17 have asked you this.
18 Q So if you knew that occurred, and let's say it 18 A Yes. That's not his technical title, but
19 occurred and you knew that occurred, do you have a duty 19 that's the position that he fills.
20 to report it? 20 Q So what is his technical title?
21 A I handled it. 21 A I couldn't tell you. It seems to change
22 Q I mean, you handled it, but did you have a duty 22 weekly.
23 to report it? 23 Q Going back on Miss Enlow, you don't talk to
24 A To whom? 24 Miss Enlow anywhere, is that a correct statement?
25 Q HR. 25 A That is correct.
Page 166 Page 168
1 A I don't know that I did or not. The policy, I 1 Q That's because she doesn't want anything to do
2 believe, says that it has to be reported to a department 2 with you?
3 head. 3 A I could not tell you.
4 Q All right. Mr. Mendoza, your friend, you were 4 Q Is it true that you took her -- you've already
5 his supervisor and manager, right? 5 told me you've gone on a couple of out of town trips
6 A Yes. 6 with Miss Enlow, right?
7 Q Let's look at Plaintiff's Exhibit 1, the 7 A Yes.
8 policy, and let's go to MK 50 which is the second page 8 Q Is it true that you tried to get her to sleep
9 of 203 policy. 9 with three black guys?
10 A MK which one? 10 A No.
11 MR. RANDS: Fifty. 11 Q Is it true that you tried to get her to sleep
12 BY MR. FLANGAS: 12 with other guys so you could watch or hear about it?
13 Q Are you there? 13 A No.
14 A Yes. 14 Q So if Miss Enlow was to say that, she'd be
15 Q It says regardless of whether -- let me 15 lying?
16 identify where I'm at. I'm at the top under Roman 16 A She would.
17 numeral III, supervisor/manager responsibilities. Do 17 Q Does Miss Enlow still work for Storey County?
18 you see that? 18 A No.
19 A Yes. 19 Q Have you ever been accused of sexual harassment
20 Q And for Mr. Mendoza, you were his 20 before other than this lawsuit? And I believe you have
21 supervisor/manager, right? 21 a lawsuit with Vanessa Adrienne, right?
22 A Yes. 22 A I don't believe I was accused of sexual
23 Q It says, "Regardless of whether the employee 23 harassment.
24 involved is in the supervisor or manager's department 24 Q By Miss Adrienne?
25 and regardless of how she/he became aware of the alleged 25 A I may have been named in the suit, but not the
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1 one who was harassing. 1 A No.
2 Q Has anybody other than Miss Keener ever accused 2 Q Did Miss Keener ever tell you -- did you ever
3 you of sexual harassment? 3 refer to him as that black guy?
4 A No. 4 A I did make a comment about him being a black
5 Q Do you want to take a break? 5 guy, or made reference to that black guy.
6 MR. RANDS: Yeah. 6 Q So when you were referring to him, you were
7 (A recess was taken.) 7 referring to him as that black guy?
8 BY MR. FLANGAS: 8 A Yes.
9 Q We're back on the record. We just took a short 9 Q Did Miss Keener tell you that was not a good
10 break. Do you understand you're still under oath? 10 idea?
11 A Yes. 11 A Yes.
12 Q After this trip to Ely, did you start going 12 Q Did you stop calling him that black guy after
13 into Miss Keener's office and start putting your boots 13 she told you that?
14 up on her desk? 14 A Yeah. I called him that white guy.
15 A No. 15 Q That's because his last name was White?
16 Q Did you ever put your boots up on her desk? 16 A That is correct, and I did not know his name
17 A Yes. 17 was White at the time I referred to him as black.
18 Q Did she ask you not to do that? 18 Q Excuse me for using this word, but did you ever
19 A No. 19 use the word nigger to refer to white people?
20 Q Did you still do it anyway? 20 A I may have. I don't recall doing it at work.
21 A I was never asked not to do it. 21 Q Did you ever use the word nigga?
22 Q She put gum on the bottom of your boot one 22 A I may have. I generally don't use that.
23 time? 23 Q Did you ever tell Miss Keener that you were
24 A Yes. 24 going to spouge on the county manager and the District
25 Q Did you scrape it off and then throw it at her? 25 Attorney as well?
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1 A I did. 1 A I may have.
2 Q Why do you think she put the gum on your boot 2 Q And that was in conjunction where you were
3 for? 3 saying you were going to try to public embarrass the
4 A Couldn't tell you. 4 commissioners, and while you were at it, you were going
5 Q Maybe to pass a message to quit putting your 5 to spouge on the county manager and the District
6 boots on her desk? 6 Attorney as well?
7 A I don't understand gum. 7 A I don't recall that being the conversation, but
8 Q What's that? 8 it could have been.
9 A I don't understand gum. 9 Q But you do remember saying about spouging on
10 Q Did you hit her when you threw the gum at her? 10 the county manager and District Attorney, right?
11 A I don't recall. I think it missed her. I made 11 A I said I could have said that.
12 the comment I was trying to get it stuck in her hair. 12 Q You're not denying you said it?
13 Q What's that? 13 A I may have said it.
14 A I made the comment I was trying to get it stuck 14 Q Now, you're aware that Miss Keener filed a
15 in her hair. 15 complaint against you with the county, right?
16 Q Why were you doing that? 16 A Yes.
17 A Because it was a goofing off in the office that 17 Q February, 2016?
18 always happened. 18 A Yes.
19 Q Just bear with me a minute, Mr. Antinoro. 19 Q Now, she first filed a report with the District
20 You have an African American deputy or sergeant 20 Attorney's Office, right?
21 or anything working for you? 21 A I couldn't tell you.
22 A I had. 22 Q But it eventually went to the HR guy, right?
23 Q What was his name? 23 A Couldn't tell you.
24 A Vernon White. 24 Q You were put on notice of this complaint by
25 Q Did you refer to him as your little black boy? 25 Miss Keener about the same day that she filed the
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1 complaint, is that a correct statement? 1 A No.
2 A I don't know what day it was she filed the 2 Q What happened? After Miss Keener filed the
3 complaint. 3 complaint where you were sexually harassing her
4 Q I'll represent to you she filed the complaint 4 according to her complaint, what happened to her?
5 on February 16, 2016, and did you get notice of that 5 A Apparently she was transferred to -- put into a
6 complaint that same day? 6 different position.
7 A I don't believe so. 7 Q And who effectuated that transfer?
8 Q Now, after Miss Keener filed the complaint, you 8 A I can only assume that it was a decision made
9 were notified that a complaint had been filed against 9 by the county.
10 you, right? 10 Q And what do you base your assumption on?
11 A No. 11 A Because it happened and I was told that it
12 Q No one ever notified you that she had filed a 12 happened, but wasn't told anything about who was
13 complaint against you? 13 involved or how it was done or why it was done or
14 A Not for a few days. 14 anything else.
15 Q All right. But you were notified eventually, 15 Q Who told you?
16 right? 16 A I couldn't tell you. Don't recall.
17 A Yes. 17 Q So you're being informed that you're being
18 Q Who notified you? 18 accused of sexual harassment, but you can't recall who
19 A I couldn't tell you. I believe it was the 19 told you that other than you said the District Attorney
20 District Attorney. 20 might have told you about it, and you don't remember any
21 Q Did they give you a copy of Miss Keener's 21 other details other than that?
22 complaint against you? 22 A I was not told anything about what the
23 A No. 23 substance of the complaint was for a significant amount
24 Q What were you told by the District Attorney? 24 of time until after the fact, and nor was I told what
25 A If I was told by the District Attorney, I was 25 was going on with her, whether she was going to be
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1 told that a complaint had been filed and that the county 1 coming back to the sheriff's office or not coming back
2 was going to look into it. 2 to the sheriff's office. I was told that she was on
3 Q Did Mr. Whitten tell you that a complaint was 3 administrative leave, period.
4 filed against you? 4 Q And who told you that?
5 A I don't know who told me. I believe it was the 5 A That I don't know. It was either the District
6 District Attorney, but I could be incorrect. 6 Attorney or HR or the county manager. I don't recall
7 Q How about Mr. Osborne, did he tell you? 7 who specifically told me.
8 A Again, I don't know. I think it was the 8 Q So at that time that you were told that she was
9 District Attorney, but I could be incorrect on that. 9 going to be on administrative leave, she's still your
10 Q District Attorney being Anne Langer? 10 subordinate, right?
11 A Yes. 11 A To my knowledge, she would have been, yes.
12 Q So what did Miss Langer tell you? 12 Q And you're still the sheriff at that time,
13 A If it was Miss Langer, just what I just said, 13 right?
14 that a complaint had been filed and the county was going 14 A Yes.
15 to look into it. 15 Q Still with the responsibility to manage your
16 Q Did you used to refer to a lot of your deputies 16 employees, correct?
17 in front of Miss Keener as fucking pussies? 17 A Yes.
18 A I have referred to some of them in that regard. 18 Q So you had no other discussions about what was
19 Q When you were informed that Miss Keener had 19 going to happen with Miss Keener?
20 filed the complaint or a report on you, were you 20 A I don't believe there was discussions
21 informed that Miss Keener would not be in your office, 21 specifically about her. There was discussions about the
22 would not be in the office? 22 interference with the operations of the sheriff's
23 A I was not. 23 office, but that had nothing to do with her. That had
24 Q Did Miss Keener ever come back to the office 24 to do with the other county management.
25 after she filed her complaint? 25 Q Let's explore what you just told us. You said
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1 there was discussion about the operations of the 1 was contacted by Mr. Christensen.
2 sheriff's department, right? 2 Q Approximately how long after the complaint was
3 A Yes. 3 filed on February 16, 2016 that Mr. Christensen
4 Q When did these discussions take place? 4 contacted you?
5 A In the weeks following the complaint. 5 A Couldn't tell you. It seemed like just -- if
6 Q And who was the discussion with? 6 memory serves me, it was several weeks.
7 A I had discussions with all three of the people 7 Q So after he contacted you and discussed it with
8 I mentioned. 8 you, he eventually obviously did a report, right?
9 Q The county manager -- 9 A Apparently.
10 A The county manager, the HR person, and the 10 Q So what happened after his report came in?
11 District Attorney. 11 A In regard to what?
12 Q All right. The District Attorney, not a 12 Q Miss Keener. The report comes in and it
13 deputy, right? 13 validates some of the allegations that she had against
14 A Correct. 14 you, so what happened next?
15 Q And it was about the operation of the sheriff's 15 A Couldn't tell you. All I know is that she was
16 department. Why were the four of you discussing the 16 put into a different position.
17 operation of the sheriff's department? Was it in 17 Q And who put her in the different position?
18 conjunction with Miss Keener, or was it for other 18 A I can only assume that was the county manager.
19 issues? 19 Q Were you disciplined?
20 A Because I wasn't being told what was going on 20 A Inasmuch as what?
21 or anything about what was going to go on, whether she 21 Q Did you get a formal letter of reprimand, did
22 was coming back to the office, whether she was not 22 you get a public censure from the county commission, did
23 coming back to the office. 23 you get a warning from the D.A.'s office or anything
24 Q So they didn't share any of this with you? 24 like that?
25 A No. 25 A They all tried to get me removed from office.
Page 178 Page 180
1 Q So who called for this meeting between the four 1 That's about the only recourse there is according to the
2 of you? 2 law.
3 A It was not a meeting between the four of us. 3 Q So who tried to get you removed from office out
4 It was four separate conversations. I had conversations 4 of those three?
5 with each of them. 5 A Out of those three, I couldn't tell you. One I
6 Q You contacted the other three? 6 know was involved in it because his name was on the
7 A Trying to find out what the heck was going on 7 petition. The other one, he had no public involvement.
8 with my office, yes. 8 The third one doesn't live in Storey County, so I
9 Q So you -- who did you contact first? 9 couldn't tell you what her position was.
10 A I couldn't tell you. 10 Q Who is the --
11 Q When you contacted them, I'm assuming you asked 11 A But your clients were all involved in that, so
12 what's going on with Miss Keener? 12 I don't know what to tell you.
13 A Yes. 13 Q We're dealing with the county right now. So
14 Q All right. What did -- let's take it one by 14 what county person had their name on the petition?
15 one. What did the D.A. tell you? 15 A The county manager.
16 A Couldn't tell you other than in a general 16 Q That would be Mr. Whitten?
17 sense, just let the investigation go and someone would 17 A Yes.
18 get back to me. 18 Q But that was in the form of a recall election,
19 Q What did the HR director tell you? 19 is that a correct statement?
20 A Substantively the same thing. 20 A Yes.
21 Q And what did the county manager tell you? 21 Q Did they try to remove you from your position
22 A Again, the same thing. 22 as sheriff outside of a recall election?
23 Q This was within the first couple of weeks after 23 A There's no recourse or no ability to do that
24 the complaint was filed? 24 under the law.
25 A No. It went on for a number of weeks until I 25 Q If your subordinate -- if there was a report to
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1 you that said one of your subordinates -- let me 1 official censure of the government. The law doesn't
2 rephrase that. I want to make sure that this is a very 2 allow for it. They can't fire me because they didn't
3 clear hypothetical. 3 hire me. As a body, they have limited ability.
4 Let's assume one of your -- one of the 4 They can minimize things, they can take things
5 supervisors that works underneath you sexually harasses 5 away from me, they can do any number of things.
6 one of their subordinates. Are you with me so far? 6 BY MR. FLANGAS:
7 A Yes. 7 Q Can they censure you?
8 Q Gets reported, county does an investigation, 8 A What's that?
9 kind of like in this case, right? 9 Q Can they censure you? C-e-n-s-u-r-e.
10 A Okay. 10 A My understanding is no, they cannot.
11 Q County investigation comes back and it verifies 11 Q Who is paying for your attorney fees?
12 the allegations against the supervisor that works for 12 A The county.
13 you. You're now the sheriff. Would you be firing that 13 Q The county or the county's insurance?
14 person, counseling that person or anything in that 14 A The county's insurance. It's Pull Pack.
15 regard? 15 Q Who makes the decision on whether or not to use
16 A Well, first, I would have insisted on a better 16 the county's insurance to defend an action like this?
17 report than what was done by Mr. Christensen because 17 A I would assume the risk management.
18 there was more circumstances that would need to be 18 Q Who is risk management?
19 looked into and I would want to look at all the 19 A As far as the county's point of contact, that
20 circumstances. 20 would be the county manager, but I believe that there is
21 Q In reality you don't like the report because it 21 an actual risk manager involved with Pull Pack that
22 substantiated Miss Keener's claims against you; is that 22 they're the ones who make the decision. I could be
23 correct? 23 incorrect on that, but that's based on my observations.
24 MR. RANDS: Objection, argumentative. 24 Q So where did Miss Keener end up after she made
25 THE WITNESS: I don't like the report because 25 her complaint?
Page 182 Page 184
1 it's a shoddy report. 1 A Excuse me?
2 BY MR. FLANGAS: 2 Q Where did Miss Keener end up after she
3 Q And that's your opinion, right? 3 registered her complaint against you?
4 A That is my opinion. 4 A Ultimately she ended up at the courthouse.
5 Q That doesn't make it true that the report is 5 Q Doing what?
6 shoddy, is that a correct statement? 6 A I'm not entirely certain. Her title is
7 A It makes it my truth. 7 security director.
8 Q So you feel you're insulated from any type of 8 Q Did she have to turn in her badge and weapon?
9 derogatory -- not derogatory, but any type of 9 A She didn't have a weapon that was issued to her
10 disciplinary action against you? 10 by the office, but yes, she had to surrender her badge.
11 MR. RANDS: Objection, misstates prior 11 Q Keys to the sheriff's office?
12 evidence. Go ahead. 12 A Yes.
13 THE WITNESS: I don't understand what you mean 13 Q Who insisted that that happen?
14 by insulated. 14 A There was no insistence. It's procedure. She
15 BY MR. FLANGAS: 15 was no longer a member of the sheriff's office.
16 Q Do you feel you're immune from any disciplinary 16 Q And who removed her from the sheriff's office?
17 action other than the voters? 17 A You would have to talk to the county manager
18 A No, I'm not. 18 about that because I was not consulted in any way, shape
19 Q So if you're not immune, what could have the 19 or form over it.
20 county manager done with you assuming they believed the 20 Q After Miss Keener's badge was taken, was she
21 report? 21 still considered a peace officer?
22 MR. RANDS: Objection, calls for speculation. 22 A I don't know what they have her status as.
23 THE WITNESS: My understanding of the legal 23 Q If Miss Keener was to wear her firearm, could
24 aspects of it all is the county has no legal recourse. 24 you technically arrest her?
25 They cannot publicly -- they can't censure me as an 25 A No. My understanding is that she is a peace
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1 officer and Nevada has an open carry law anyway, so it 1 A I don't know if it is or not. I don't have
2 wouldn't matter. 2 people beating down the door asking for it.
3 Q Let's open up the complaint again which is 3 Q That makes it number two in the sheriff's
4 Exhibit 2. Let's go down -- let's start on Page 6. 4 department, right?
5 Let's look at section 32. It says, "In February or 5 A It is the number two position in the sheriff's
6 March of 2016, a witness subpoena was sent to the 6 office, yes.
7 sheriff's office for Miss Keener in relation to a 7 Q Now she's in a job with less prestige?
8 criminal matter out of Churchill County, Nevada that 8 A Couldn't tell you.
9 involved criminal activity within Storey County. The 9 Q Now she has a badge that says security/bailiff;
10 suspect in this matter was alleged to have committed 10 is that correct?
11 grand larceny and numerous drug offenses. The suspect 11 A I don't know. I've never looked at her badge.
12 was also a resident of Churchill County, as was Miss 12 Q That wouldn't be as prestigious as being chief
13 Keener. 13 deputy, would you agree?
14 "Miss Keener was advised by the sheriff's 14 A Couldn't tell you.
15 office administrative assistant that a subpoena had been 15 Q Where is her office located?
16 received for her and even though Mr. Antinoro knew of 16 A I have no idea.
17 Miss Keener's new office location, he told the 17 Q You've never been to the Storey County museum?
18 administrative assistant to have them serve Miss Keener 18 A I've been in there. I don't know if that's
19 at her residence." 19 where her office is. It's obviously not out at the
20 Is that true what I just read you? 20 conference table in the middle of it where I frequent
21 A No. 21 when I go over there.
22 Q Did you instruct your administrative assistant 22 Q You go up there because you guys do training
23 to have Miss Keener served at her residence? 23 and different things at the museum, right?
24 A There was a subpoena that was brought to the 24 A I don't know about training. We have meetings
25 sheriff's office for Miss Keener. At that point in 25 there.
Page 186 Page 188
1 time, I did not know what was going on with her or what 1 Q And you never knew that she was officing in the
2 her fate was, where she had gone, what the county was 2 museum?
3 doing with it. I did not know where she was, so I said 3 A Didn't know her office was in there. I was in
4 send it back to Churchill County since she lived in 4 there just the other day for a budget meeting and she
5 their jurisdiction. They know her, she knows them. I 5 walked in and out a couple of times. Didn't know that's
6 assumed they could serve her at home. 6 where her office is.
7 Q So you allowed Miss Keener's address to go on 7 Q You mentioned you had your computer at home and
8 that subpoena? 8 you've had it for about the last six years and it's a
9 MR. RANDS: Objection, misstates his testimony. 9 laptop, right?
10 THE WITNESS: I don't know what was on the 10 A Yes.
11 subpoena. I was just told there was one and I was asked 11 Q Do you have a computer at the office?
12 what to do with it and I said send it back to Churchill 12 A I do.
13 County. They know her, they know where she lives, they 13 Q Where is it located?
14 can contact her at home, because as far as I knew at 14 A On my desk.
15 that point in time, that's where she was. I didn't know 15 Q How long have you had the computer that's
16 what was going on with her. 16 presently on your desk?
17 BY MR. FLANGAS: 17 A I don't know. Since they bought it.
18 Q Let's see where Miss Keener is now. She's no 18 Q Again, that doesn't help me because I don't
19 longer at the sheriff's office, correct? 19 know when they bought it. So approximately when did
20 A That is correct. 20 they buy it?
21 Q No longer has her position as chief deputy, 21 A Couldn't tell you.
22 right? 22 Q More than a year ago, two years ago?
23 A That is correct. 23 A Four or five, six years ago.
24 Q Chief deputy is kind of a highly respected 24 Q Was there a computer in there before they
25 sought after position. Would you agree with me? 25 bought you the one that's presently there?
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1 A I'm sure there was. 1 in the gap when your laptop at the office went down?
2 Q What happened to that computer? 2 A I haven't had any problems with my laptop going
3 A Couldn't tell you. It was given back to IT. 3 down at the office.
4 Q How many cell phones do you have? 4 Q Never?
5 A How many telephones do I have? 5 A No.
6 Q Cell phones. 6 Q So you've never had to bring your personal
7 A I have one. 7 laptop in there because your business laptop wasn't
8 Q What's the number on it? 8 working?
9 A 881-8196. 9 A Not to my recollection.
10 Q 881 -- 10 Q Did Miss Keener, after she filed that complaint
11 A 8196. 11 against you and obviously she was removed shortly
12 Q How long have you had that phone number? 12 thereafter from the sheriff's office, did she put
13 A I don't know. Ten, 12 years. 13 together about a five or six page document saying what
14 Q I'm assuming that's a 775 area code? 14 she was working on and things that needed to get done?
15 A Yes. 15 A You'll have to be more specific. I don't know
16 Q Have you had any other numbers? 16 what you're talking about.
17 A No. 17 Q When Miss Keener filed the complaint, she was
18 Q Let's take a short break. We might be close to 18 the chief deputy, right?
19 being done here. 19 A Yes.
20 (A recess was taken.) 20 Q She had duties as a chief deputy, right?
21 BY MR. FLANGAS: 21 A Yes.
22 Q We'll go back on the record. Mr. Antinoro, we 22 Q So when she was no longer with the sheriff's
23 just took another short break. You understand you're 23 department, did she write a memo or some type of paper
24 still under oath? 24 outlining the things that she had been working on before
25 A Yes. 25 she left and things that needed to get done to maintain
Page 190 Page 192
1 Q We mentioned before the break about your 1 the operation of the office?
2 laptop? 2 A Not that I'm aware of.
3 A Yes. 3 Q Is it possible that she did and you don't know
4 Q Do you use that laptop for any of your 4 about it?
5 business? Excuse me, let me rephrase that. 5 A I suppose anything is possible.
6 Do you use that laptop in conjunction with your 6 Q Is it true that shortly after that complaint
7 duties as sheriff? 7 was filed against you by Miss Keener, that you e-mailed
8 A Which laptop are you referring to? 8 Pat Whitten to have Miss Keener come back to the
9 Q You told me you had one laptop that belonged to 9 sheriff's office?
10 you that you had at your house. 10 A Not that I recall.
11 A Well, I have my personal laptop, yes, that I do 11 Q Do you keep copies of all your e-mails?
12 my own stuff on and then my computer at work. I use the 12 A Somewhere they're around, either on my computer
13 term computer generically. My computer at work is also 13 or on the server.
14 a laptop. 14 Q I have no further questions.
15 Q So the computer that you use at home, do you 15 MR. RANDS: I have no questions. Thank you.
16 ever use it for sheriff's business? 16 (The proceedings concluded at 3:30 p.m.)
17 A Not generally speaking, no. 17
18 Q When you say not generally speaking, that kind 18
19 of begs the next question. What do you mean by not 19
20 generally speaking? Have you used it for business? 20
21 A I occasionally get on and check my e-mail or 21
22 something from it, or e-mail it to myself so I can 22
23 complete it at the office, but generally, no, I do my 23
24 work stuff at work and my home stuff at home. 24
25 Q Have you ever used your personal laptop to fill 25

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Kenner v. Antinoro, et al Gerald Antinoro Page 49 (193 - 196)
Page 193 Page 195
1 I, GERALD ANTINORO, hereby declare under 1 STATE OF NEVADA )
) ss.
2 penalty of perjury that I have read the foregoing pages 2 COUNTY OF WASHOE )
3 1 through 192; that any changes made herein were made 3
4 and initialed by me; that I have hereunto affixed my 4 I, DIANNE M. BRUMLEY, a Certified Court
5 signature. 5 Reporter for the State of Nevada, do hereby certify:
6 Dated: ________________________________ 6 That on Thursday, the 8th day of February,
7 7 2018, at the hour of 9:00 a.m. of said day, at the
8 _________________________________ 8 offices of Bonanza Reporting, 1111 Forest Street, Reno,
9 GERALD ANTINORO 9 Nevada, personally appeared GERALD ANTINORO, who was
10 10 duly sworn by me and thereupon was deposed in the matter
11 11 entitled herein, and that before the proceedings'
12 12 completion, the reading and signing of the deposition
13 13 has been requested by the deponent or party;
14 14 That the foregoing transcript, consisting of
15 15 Pages 1 through 192, is a full, true and correct
16 16 transcript of the stenographic notes of testimony taken
17 17 by me to the best of my knowledge, skill and ability.
18 18 I further certify that I am not an attorney or
19 19 counsel for any of the parties, nor a relative or
20 20 employee of any attorney or counsel connected with the
21 21 action, nor financially interested in the action.
22 22
23 23 ____________________________________
24 24 DIANNE M. BRUMLEY, NEVADA CCR #205
25 25 CALIFORNIA CSR #6796
Page 194 Page 196
1 CORRECTIONS 1
2 PAGE LINE 2 February 21, 2018
3 ___ ____ __________________________________________ 3
4 ___ ____ __________________________________________ 4 Douglas Rands
5 ___ ____ __________________________________________
Rands, South & Gardner
5 9498 Double R Blvd. #A
6 ___ ____ __________________________________________ 6
Reno, Nevada 89521
7 ___ ____ __________________________________________ 7
Re: Keener vs. Antinoro
8 ___ ____ __________________________________________ 8 Dear Mr. Rands:
9 ___ ____ __________________________________________ 9 Please find enclosed the original deposition transcript
10 ___ ____ __________________________________________
of Gerald Antinoro taken in the above-entitled matter on
10 February 8, 2018.
11 ___ ____ __________________________________________ 11 We have enclosed the transcript in order for your client
12 ___ ____ __________________________________________ 12
to review.
13 ___ ____ __________________________________________ 13
Thank you for your prompt attention to this matter.
14 ___ ____ __________________________________________ 14
15 ___ ____ __________________________________________ 15 Bonanza Reporting and Videoconference Center
16 ___ ____ __________________________________________ 16
17 ___ ____ __________________________________________ 17
18 ___ ____ __________________________________________ 18
cc: Deposition Transcript
19 ___ ____ __________________________________________ 19
20 ___ ____ __________________________________________ 20
21 ___ ____ __________________________________________ 21
22 ___ ____ __________________________________________ 22
23 ___ ____ __________________________________________ 23
24 ___ ____ __________________________________________ 24
25 ___ ____ __________________________________________ 25

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