David Cole Deposition

DOCUMENT 137
ELECTRONICALLY FILED
5/25/2023 11:58 AM
47-CV-2022-901282.00
CIRCUIT COURT OF
MADISON COUNTY, ALABAMA
DEBRA KIZER, CLERK
ELIJAH BOYD
vs
DAVID COLE
DAVID COLE
May 17, 2023

DOCUMENT 137
·1· · · · · · · · · IN THE CIRCUIT COURT OF
·2· · · · · · · · · ·MADISON COUNTY, ALABAMA
·3· · · · · · · · · · ·CIVIL ACTION NUMBER
·4· · · · · · · · · · · 47-CV-2022-901282
·5
·6· ·ELIJAH BOYD,
·7· · · · · · Plaintiff,
·8· ·v.
·9· ·DAVID COLE,
10· · · · · · Defendant.
11
12
13· · · · · · · · · DEPOSITION OF DAVID COLE
14· · · · · · · · · · · · · ·MAY 17, 2023
15· · · · · · · · · · · · ·10:06 A.M.
16
17
18· · · · · ·The deposition of David Cole was taken
19· ·before Jordan C. Groves, CCR, on May 17, 2023 by the
20· ·plaintiff, commencing at approximately 10:06 a.m.,
21· ·at the Alabama State House, 11 South Union Street,
22· ·Room 601, Montgomery, Alabama, pursuant to the
23· ·stipulations set forth herein.

· · · · · · · · ·ALABAMA COURT REPORTING, INC.
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·1· · · · · · · · · · · · · I N D E X
·2
·3· · · · · · · · · · · ·EXHIBIT INDEX
·4· ·EXHIBIT· · · · · · · · · · · · · · · · · · · PAGE
·5· ·1 -· · ·(Request for Commissioner)· · · · · ·5
·6· ·2 -· · ·(Notice of Taking Deposition Upon· · 6

· · · · · · · Written Questions)
·7
· · ·3 -· · ·(Defendant/Contestee's· · · · · · · ·6
·8· · · · · · Cross-Interrogatories to David
· · · · · · · Cole)
·9
· · ·4 -· · ·(Written Rebuttal/Redirect· · · · · ·6
10· · · · · · Questions)
11
12
13
14
15
16
17
18
19
20
21
22
23
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·1· · · · · · · · · · A P P E A R A N C E S
·2
·3· ·APPEARING AS COMMISSIONER:
·4· · · · · · Mr. Richard J.R. Raleigh, Jr.

· · · · · · · WOMBLE, BOND, DICKINSON
·5· · · · · · 200 West Side Square, Suite 950
· · · · · · · Huntsville, Alabama 35801
·6
·7· ·APPEARING ON BEHALF OF THE

· · ·PLAINTIFF:
·8
· · · · · · · Mr. Barry A. Ragsdale (via telephone)
·9· · · · · · DOMINICK FELD HYDE, PC
· · · · · · · 1130 22nd Street South, Suite 4000
10· · · · · · Birmingham, Alabama 35205
11
· · ·APPEARING ON BEHALF OF THE
12· ·DEFENDANT:
13· · · · · · Mr. Algert S. Agricola, Jr.

· · · · · · · AGRICOLA LAW, LLC
14· · · · · · 127 South 8th Street
· · · · · · · Opelika, Alabama 36801
15
16
17
18
19
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23
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·1· · · · · ·I, Jordan C. Groves, a Certified Court
·2· ·Reporter, certify that on this date, pursuant to
·3· ·the Alabama Rules of Civil Procedure and Rules of
·4· ·Civil Procedure there came before me at the
·5· ·Alabama State House, 11 South Union Street,
·6· ·Room 601, Montgomery, Alabama, commencing at
·7· ·approximately 10:06 a.m. on May 17, 2023 David Cole,
·8· ·witness in the above cause, for oral examination,
·9· ·whereupon the following proceedings were had:
10· · · · · · COMMISSIONER RALEIGH:· My name is Richard
11· ·Raleigh, and I have been appointed a commissioner
12· ·by the Circuit Court of Madison County, Alabama,
13· ·to conduct a deposition.· We are in the State
14· ·House in Montgomery with Representative David Cole
15· ·and his counsel, Al Agricola, and Barry Ragsdale
16· ·is on the phone with us.
17· · · · · · I have confirmed that neither I nor the
18· ·court reporter are related to the parties by blood
19· ·or marriage.· We're both adult residents of the
20· ·state of Alabama.· I'm licensed to practice law in
21· ·the state of Alabama.· As I mentioned, we're in
22· ·Montgomery, Alabama, at the State House, in
23· ·Room 601.
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·1· · · · · · (Whereupon, Exhibit Number 1 was marked
·2· · · · · · for identification and copy of same is
·3· · · · · · attached hereto.)
·4
·5· · · · · · COMMISSIONER RALEIGH:· I'm marking and
·6· ·attaching to this deposition Exhibit 1, which is
·7· ·my commission in this case.· It is also
·8· ·Document 65 in the Circuit Court of Madison County
·9· ·in the underlying lawsuit.
10· · · · · · This is the deposition of Representative
11· ·David Cole under and by virtue of commission
12· ·issued from the Circuit Court of Madison County,
13· ·Alabama, relating to the lawsuit Elijah Boyd vs.
14· ·David Cole, 47-CV-2022-901282, a cause pending in
15· ·the Circuit Court of Madison County.· And
16· ·Representative David Cole, the witness, has
17· ·appeared before me and is going to testify under
18· ·oath.
19· · · · · · This deposition is a deposition on
20· ·interrogatories, on written questions.· The
21· ·plaintiff and the defendant have submitted
22· ·questions, and the plaintiff has also submitted
23· ·rebuttal redirect questions.· I'm marking those
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·1· ·questions as exhibits to the deposition.
·2
·3· · · · · · (Whereupon, Exhibits 2, 3, and 4 were
·4· · · · · · marked for identification and copies of
·5· · · · · · same are attached hereto.)
·6
·7· · · · · · COMMISSIONER RALEIGH:· Exhibit 2 are the
·8· ·initial questions submitted by Mr. Ragsdale's
·9· ·client.· Exhibit 3 are the questions submitted by
10· ·the defendant.· Exhibit 4 are the rebuttal
11· ·questions that I mentioned.· I direct those to be
12· ·attached to the deposition as exhibits as well.
13· · · · · · The testimony here is in the case of an
14· ·election contest as provided for in Title 17 of
15· ·the Code of Alabama.· It's being taken, as I
16· ·mentioned, under a commission issued by the clerk
17· ·of the court where the statement of contest was
18· ·filed.
19· · · · · · The parties had notice of the time and
20· ·place of this deposition, and the deposition is
21· ·being conducted on this date -- May 17, 2023 --
22· ·and this time by agreement of the parties.· All
23· ·parties had more than five days' notice in writing
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·1· ·of the time and place of this deposition.
·2· · · · · · The deposition is being taken on
·3· ·interrogatories filed with the clerk of the court.
·4· ·The court reporter will stenographically record
·5· ·the questions and answers verbatim.· All the
·6· ·parties had copies of the written questions, or
·7· ·interrogatories, at least since March 20, 2023,
·8· ·since that was the date of the filing of the
·9· ·rebuttal questions by the plaintiff, and all
10· ·parties were served with interrogatories,
11· ·cross-interrogatories, and rebuttal redirect
12· ·interrogatories.
13· · · · · · Although our process will differ somewhat
14· ·from most depositions in that the deponent will
15· ·have the questions, which I will also read aloud,
16· ·we will conform to and observe the requirements
17· ·and the statutes and rules concerning the taking
18· ·of depositions in civil cases.
19· · · · · · From having coordinated with counsel for
20· ·the parties, I know that we will be taking a few
21· ·breaks to accommodate the deponent's schedule
22· ·today.
23· · · · · · Counsel for the deponent, please let me
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·1· ·know when we need to do that, and we'll take a
·2· ·break after the deponent answers a question and
·3· ·begins the next.
·4· · · · · · If anyone else needs to take a break,
·5· ·please let me know, and we'll accommodate that as
·6· ·well.
·7· · · · · · I instruct the deponent that you will be
·8· ·under oath providing testimony in a civil case. I
·9· ·will begin by reading aloud the definitions that
10· ·accompany the plaintiff's written questions.· Then
11· ·I will read aloud the written question, you will
12· ·answer that aloud.· The responses will be taken
13· ·down by the court reporter.· And then I'll read
14· ·the next question, and the process will continue
15· ·until we've made our way through all the questions
16· ·in Exhibit 2, 3, 4.
17· · · · · · Do any of the counsel have any questions
18· ·concerning that process?
19· · · · · · MR. AGRICOLA:· No.
20· · · · · · COMMISSIONER RALEIGH:· Barry?
21· · · · · · MR. RAGSDALE:· No, none here.
22· · · · · · COMMISSIONER RALEIGH:· Okay.· Would either
23· ·of you like to put anything on the record?
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·1· · · · · · MR. AGRICOLA:· I would.
·2· · · · · · COMMISSIONER RALEIGH:· Okay.
·3· · · · · · MR. AGRICOLA:· Thank you, Commissioner
·4· ·Raleigh, for this opportunity.
·5· · · · · · I want to address my remarks briefly to
·6· ·the Speaker of the House of Representatives, who
·7· ·will ultimately preside over the proceedings which
·8· ·will result in whatever judgment is determined by
·9· ·the House of Representatives.
10· · · · · · The statutory process under
11· ·Section 17-16-53 of the code says that when all of
12· ·the materials that are developed in this case are
13· ·complete, they are ultimately sent to the House of
14· ·Representatives and, the statute says, for such
15· ·action as such House may deem proper.
16· · · · · · Our position is and has been throughout
17· ·this election contest that the Section 51 of the
18· ·Alabama constitution deprives the Circuit Court of
19· ·Madison County of any jurisdiction to rule on any
20· ·matter in the course of this case.· Representative
21· ·Cole filed in the circuit court in November of
22· ·2022 a motion to dismiss based on an assertion
23· ·that the circuit court lacked jurisdiction.
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·1· · · · · · Section 51 of the constitution says that
·2· ·the House -- and I'm paraphrasing -- says that the
·3· ·House shall be the judge of the election returns
·4· ·and qualifications of its members.· And it is for
·5· ·that reason that several decisions, which we cited
·6· ·throughout these proceedings, have said -- from
·7· ·the Alabama Supreme Court, including Buskey vs.
·8· ·Amos, 310 So. 2d 468, an Alabama Supreme Court
·9· ·decision from 1975, and in re-opinion of the
10· ·justices which is cited as 47 So. 2d 586 -- it's
11· ·an Alabama Supreme Court opinion dated in 1950 --
12· ·have said that once the official that is -- whose
13· ·election is being challenged is sworn into office,
14· ·no court has jurisdiction over the matter
15· ·thereafter.
16· · · · · · Representative Cole was sworn into office
17· ·following the November 8, 2022, election on
18· ·November 9, 2022.· Subsequently, the Alabama
19· ·legislature convened for the 2023 organizational
20· ·session of the legislature which occurs in the
21· ·first year of each quadrennium.· And that session
22· ·of the legislature convened on January 10.· The
23· ·first order of business at that time was the
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·1· ·seating of members of the legislature.
·2· · · · · · And the clerk of the House has pointed out
·3· ·in an affidavit that's been filed in these
·4· ·proceedings, as well that Section 48.01 of the
·5· ·Alabama constitution provides, that contests of
·6· ·the election of members of the legislature is
·7· ·appropriate to be brought up at the organizational
·8· ·session of the legislature.· Mr. Treadwell's
·9· ·affidavit further states that no such challenge
10· ·was made to the election of Representative David
11· ·Cole and he was seated in the Alabama House of
12· ·Representatives on January 10 by unanimous vote of
13· ·the Alabama House of Representatives.
14· · · · · · So in addition to the argument that the --
15· ·that Representative Cole has made concerning the
16· ·lack of subject matter and jurisdiction in the
17· ·Circuit Court of Madison County, there is also the
18· ·contention that this matter was not appropriately
19· ·presented in a timely fashion to the legislature
20· ·during the organizational session held in January
21· ·of 2023.
22· · · · · · We agreed to this deposition with counsel
23· ·for the contestant so that this matter could move
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·1· ·forward.· By doing so, there is absolutely no
·2· ·waiver of any arguments or authorities or
·3· ·positions that have been put forth previously in
·4· ·this litigation, and we are here essentially under
·5· ·protest that the Circuit Court of Madison County
·6· ·lacks subject matter jurisdiction and that this
·7· ·matter is not timely presented to the legislature
·8· ·because of the fact that it was never presented
·9· ·during the 2023 organizational session of the
10· ·legislature.
11· · · · · · Having said all that, we are here to
12· ·answer the questions that have been served. I
13· ·would say that we have at this time a petition for
14· ·a writ of mandamus, along with a request to the
15· ·Alabama Supreme Court, that the proceedings in the
16· ·circuit court, including this deposition, be
17· ·stayed pending the outcome of our petition for
18· ·writ of mandamus, which seeks to limit the number
19· ·of questions that have been served on
20· ·Representative Cole.· Including subparts, that
21· ·number is 479 initial interrogatories, with
22· ·approximately 17 additional cross-interrogatories,
23· ·served by contestant, Elijah Boyd.
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·1· · · · · · We do intend to respond to those questions
·2· ·to the best of our ability, and Representative
·3· ·Cole is here to answer those questions subject to
·4· ·the reservations that I have set out.
·5· · · · · · And I appreciate the opportunity, and,
·6· ·Mr. Speaker, we would request that the House
·7· ·dispose of this matter as soon as possible in
·8· ·favor of Representative Cole.
·9· · · · · · COMMISSIONER RALEIGH:· Mr. Ragsdale, do
10· ·you have anything you want to put on the record?
11· · · · · · MR. RAGSDALE:· Only a couple of things.
12· ·We obviously disagree with the arguments made by
13· ·Mr. Agricola.· In addition, I would point out that
14· ·both Mr. Cole's mandamus petition and his motion
15· ·to stay were denied yesterday afternoon by the
16· ·Alabama Supreme Court, so there is no pending
17· ·challenge to this in either the supreme court or
18· ·in the circuit court.· The legal issues will work
19· ·themselves out, and we look forward to having
20· ·Mr. Cole answer the questions we've propounded.
21· ·Thanks.
22· · · · · · COMMISSIONER RALEIGH:· Okay.· Do both
23· ·attorneys agree that you had notice of the time
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·1· ·and place of the deposition?
·2· · · · · · MR. AGRICOLA:· Yes.
·3· · · · · · MR. RAGSDALE:· Yes.
·4· · · · · · COMMISSIONER RALEIGH:· Okay.· No party is
·5· ·going to be asking questions here, and I'm not
·6· ·going to be ruling on objections.
·7· · · · · · You don't -- I understand you don't have
·8· ·any objection to Mr. Ragsdale being -- listening
·9· ·in by phone; right?
10· · · · · · MR. AGRICOLA:· I do not.
11· · · · · · COMMISSIONER RALEIGH:· Okay.· So I'm going
12· ·to be conducting the depositions as provided in
13· ·Alabama Code 17-16-51 under the commission that I
14· ·have been issued.
15· · · · · · And so we will take a break at this point
16· ·and go off the record so that Representative Cole
17· ·can attend what he needs to.
18· · · · · · Can you swear the witness before we do
19· ·that?· And I'll remind him that he's under oath
20· ·when we come back.
21
22· · · · · · (At which time, the witness was sworn
23· · · · · · in.)
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·1· · · · · · COMMISSIONER RALEIGH:· Okay.· So let's go
·2· ·off the record, take a break, and whenever you're
·3· ·ready to get back on, please let your counsel
·4· ·know.
·5· · · · · · THE WITNESS:· All right.· Thank you.
·6
·7· · · · · · (At which time, a break was taken.)
·8
·9· · · · · · COMMISSIONER RALEIGH:· This is Richard
10· ·Raleigh, the commissioner that's been appointed
11· ·for this deposition.
12· · · · · · Representative Cole, you understand that
13· ·you're still under oath?
14· · · · · · THE WITNESS:· I do.
15· · · · · · COMMISSIONER RALEIGH:· Okay.· I'm going to
16· ·start by reading the definition section in
17· ·Exhibit 2, the initial questions.· And then I will
18· ·read the first question to you; you'll give a
19· ·verbal answer that the court reporter will take
20· ·down.
21· · · · · · Definitions:· 1, "date" means specific
22· ·day, month, and year, if known.· If the specific
23· ·day is not known, approximate by month and year
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·1· ·and indicate that your answer is an approximation.
·2· · · · · · 2, "person" or "persons" mean all persons
·3· ·and all other entities including, but not limited
·4· ·to, all corporations, partnerships, political
·5· ·campaigns, or other organizations, joint ventures,
·6· ·trusts, estates, associations, companies, and
·7· ·public agencies, bureaus, offices, or departments.
·8· · · · · · 3, "identify," A, when used in reference
·9· ·to a person means to state their full name, date
10· ·of birth, present or last known position of
11· ·employment or business affiliation and the address
12· ·of same, present or last known residential
13· ·address, phone number, fax number, email address,
14· ·and any other pertinent information that would be
15· ·helpful in contacting said person; B, when used in
16· ·reference to an entity, including, not limited to,
17· ·a corporation, partnership, or other business
18· ·association means to state its full name, form of
19· ·organization, and present or last known address.
20· · · · · · 4, "relating" and "associated with" mean
21· ·and include referring to, regarding, commenting
22· ·on, connected with, bearing on, leading to,
23· ·dealing with, evidencing, discussing, covering,
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·1· ·representing, or mentioning in any way whatsoever
·2· ·directly or indirectly.
·3· · · · · · 5, the word "or" should not be read so as
·4· ·to eliminate any part of any question or as
·5· ·permitting the option of responding to only part
·6· ·of any question, e.g. by answering as to only one
·7· ·of the terms separated by "or."· Whenever
·8· ·applicable, "or" should be read as having the same
·9· ·meaning as the word "and."
10· · · · · · 6, "you" and "your" refer to David Cole
11· ·and any other person acting on his behalf,
12· ·including, but not limited to, your campaign and
13· ·your attorneys.
14· · · · · · 7, "the Conservancy Drive house" means the
15· ·real property located at 120 Conservancy Drive,
16· ·Madison, Alabama 35758.
17· · · · · · 8, "the Cedar Springs house" means the
18· ·real property located at 209 Cedar Springs Place,
19· ·Madison, Alabama 35758.
20· · · · · · 9, "the election" means the general
21· ·election that took place on November the 8th,
22· ·2022.
23· · · · · · 10, "the office" means the Alabama House
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·1· ·of Representatives seat for District 10 that was
·2· ·on the ballot in the November 8, 2022, general
·3· ·election.
·4· · · · · · 11, "period at issue" means the period
·5· ·from November 8, 2021, through November 8, 2022.
·6· · · · · · 12, "residents" and "reside," "resided,"
·7· ·or "residing" means your home and the physical
·8· ·place or dwelling in which you principally live
·9· ·and sleep.· For purposes of this deposition, the
10· ·term "residence" is synonymous with the term
11· ·"domicile," which is defined as the place at which
12· ·a person has been physically present and that the
13· ·person regards as his/her home and a person's true
14· ·fixed principal and permanent home to which that
15· ·person intends to return and remain even if
16· ·currently residing elsewhere.
17· · · · · · 13, "residence address" means the physical
18· ·address of your residence as defined above in
19· ·paragraph 12, including the street number and
20· ·name, apartment, or suite number, if applicable,
21· ·city, state, and postal code.
22· · · · · · 14, "vacate" means to move out and abandon
23· ·a place or dwelling with no intention of returning
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·1· ·and includes the removal of your personal
·2· ·property, including furniture, clothing,
·3· ·et cetera.
·4· · · · · · "Exhibit A" means the document that's
·5· ·attached hereto as Exhibit A, standard residential
·6· ·lease agreements with Himbert J. Sinopoli, dated
·7· ·November 6, 2021.· Exhibit A is also referred to
·8· ·as the "Sinopoli lease."
·9· · · · · · 16, "Exhibit B" means the document
10· ·attached hereto as Exhibit B, apartment lease with
11· ·Ashbury Woods Apartments, dated September 1, 2022.
12· ·Exhibit B is also referred to as the "Ashbury
13· ·Woods lease."
14· · · · · · Written questions.
15· · · · · · Representative Cole, what is your current
16· ·resident address?
17· · · · · · THE WITNESS:· On November the 5th, 2021, I
18· ·entered into a residential lease effective
19· ·November 1, 2021, with Himbert J. Sinopoli with
20· ·certain premises located at 120 Conservancy Drive
21· ·in Madison, Alabama.· The term of the lease was
22· ·from 1 November 2021 until November 30, 2022.
23· · · · · · At that time I signed the lease with
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·1· ·Himbert Sinopoli and intended to abandon my
·2· ·previous true, fixed, principal, and permanent
·3· ·home located at 209 Cedar Springs Place, Madison,
·4· ·Alabama, and to make my new true home -- fixed,
·5· ·principal, and permanent home -- 120 Conservancy
·6· ·Drive, Madison, Alabama.
·7· · · · · · On September 1, 2022, when I signed the
·8· ·lease for the apartment located at 2 Ashbury Woods
·9· ·Drive, Unit 104, Huntsville, Alabama, I intended
10· ·to abandon my previous true, fixed, principal, and
11· ·permanent home located at 120 Conservancy Drive
12· ·and to make my new true, fixed, principal, and
13· ·permanent home at 2 Ashbury Woods Drive, Unit 104,
14· ·Huntsville, Alabama.
15· · · · · · I currently make my true, fixed,
16· ·principal, and permanent home within the
17· ·geographic boundaries of Madison County and
18· ·Alabama House District 10.· I've made my true,
19· ·fixed, permanent, and principal home within the
20· ·geographic boundaries of Madison County in the
21· ·Alabama House District 10 for at least one year
22· ·prior to the general election held on November 8,
23· ·2022.
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·1· · · · · · I took the oath of office for
·2· ·representative, House of Representatives, Alabama
·3· ·House District 10, on November 9, 2022. I
·4· ·attended the 2023 organizational session of the
·5· ·Alabama House of Representatives in November of
·6· ·2023 (sic).· I was seated by unanimous vote as a
·7· ·representative, Alabama House District 10, on
·8· ·January 10, 2023.· There was no challenge to my
·9· ·election raised during the 2023 organizational
10· ·session of the Alabama House of Representatives.
11· · · · · · COMMISSIONER RALEIGH:· How long have you
12· ·resided at that address?
13· · · · · · THE WITNESS:· September 1, 2022.
14· · · · · · COMMISSIONER RALEIGH:· Do you own, whether
15· ·subject to a mortgage or not, the house/property
16· ·located at that address?
17· · · · · · THE WITNESS:· No.
18· · · · · · COMMISSIONER RALEIGH:· Do you pay directly
19· ·or through a lender the ad valorem property taxes
20· ·on the house/property located at that address?
21· · · · · · THE WITNESS:· No.
22· · · · · · COMMISSIONER RALEIGH:· Do you currently
23· ·reside in the Cedar Springs house?
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·1· · · · · · THE WITNESS:· I incorporate my answer to
·2· ·the first question as my answer to this question.
·3· · · · · · COMMISSIONER RALEIGH:· If you do not
·4· ·currently reside in the Cedar Springs house, when
·5· ·did you vacate or move out of it?
·8· · · · · · COMMISSIONER RALEIGH:· If you do not
·9· ·currently reside in the Cedar Springs house, why
10· ·did you vacate or move out of it?
11· · · · · · THE WITNESS:· I incorporate my answer to
12· ·the first question as my answer to this question.
13· · · · · · COMMISSIONER RALEIGH:· If you do not
14· ·currently reside in the Cedar Springs house, what
15· ·is the address of each residence that you have
16· ·resided in since you moved out of the Cedar
17· ·Springs house?
18· · · · · · THE WITNESS:· 120 Conservancy Drive in
19· ·Madison, Alabama, and 2 Ashbury Woods Drive,
20· ·Unit 104, in Huntsville, Alabama.
21· · · · · · COMMISSIONER RALEIGH:· What was/were your
22· ·residence addresses during the period at issue?
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·2· · · · · · COMMISSIONER RALEIGH:· During what
·3· ·dates/time periods did you reside at each such
·4· ·address?
·7· · · · · · COMMISSIONER RALEIGH:· Who resided with
·8· ·you at each such residence?
·9· · · · · · THE WITNESS:· Himbert J. Sinopoli and
10· ·family.· In the -- no one at the Ashbury.
11· · · · · · COMMISSIONER RALEIGH:· On what date,
12· ·approximately, did you begin -- first begin
13· ·residing at the Cedar Springs house?
14· · · · · · THE WITNESS:· Sometime in 2014.
15· · · · · · COMMISSIONER RALEIGH:· Did you vacate the
16· ·Cedar Springs house either prior to or during the
17· ·period at issue?
20· · · · · · COMMISSIONER RALEIGH:· If so, on what date
21· ·did you vacate the Cedar Springs house?
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·1· · · · · · COMMISSIONER RALEIGH:· If so, did you
·2· ·remove any furniture from the Cedar Springs house?
·3· · · · · · THE WITNESS:· No.
·4· · · · · · COMMISSIONER RALEIGH:· The next question
·5· ·was:· If so, identify the furniture that you
·6· ·removed.· That --
·7· · · · · · THE WITNESS:· That question is not
·8· ·applicable.
·9· · · · · · COMMISSIONER RALEIGH:· Okay.· So for
10· ·questions that are not applicable based on the
11· ·answer to the previous question, if you would just
12· ·say "not applicable."· Thank you.
13· · · · · · THE WITNESS:· Will do.
14· · · · · · COMMISSIONER RALEIGH:· If so, did you
15· ·remove any dishes, flatware, or cutlery from the
16· ·Cedar Springs house?
17· · · · · · THE WITNESS:· Not applicable.
19· ·remove televisions from the Cedar Springs house?
22· ·remove any computers from the Cedar Springs house?
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·2· ·remove any other personal property from the Cedar
·3· ·Springs house?
·4· · · · · · THE WITNESS:· Not applicable.
·5· · · · · · COMMISSIONER RALEIGH:· If so, did anyone
·6· ·assist you in vacating the Cedar Springs house?
·8· · · · · · COMMISSIONER RALEIGH:· If so, identify
·9· ·such person.
11· · · · · · COMMISSIONER RALEIGH:· If so, did you have
12· ·any intention to return to the Cedar Springs house
13· ·at any point in the future at the time you vacated
14· ·it?
15· · · · · · THE WITNESS:· No.
16· · · · · · COMMISSIONER RALEIGH:· If so, when did you
17· ·intend to return to the Cedar Springs house?
19· · · · · · COMMISSIONER RALEIGH:· Did you vacate the
20· ·Cedar Springs house in order to meet the residency
21· ·requirement to run for the office in the election?
22· · · · · · THE WITNESS:· Yes.· But at the time, I may
23· ·have understood the residency requirements of
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·1· ·Section 47 of the Alabama constitution of 2022 --
·2· ·oh, misunderstood.
·3· · · · · · COMMISSIONER RALEIGH:· Is there any other
·4· ·reason why you vacated the Cedar Springs house?
·5· · · · · · THE WITNESS:· I don't believe so.
·6· · · · · · COMMISSIONER RALEIGH:· If so, state such
·7· ·reason.
·9· · · · · · COMMISSIONER RALEIGH:· Did your wife
10· ·vacate the Cedar Springs house either prior to or
11· ·during the period at issue?
12· · · · · · THE WITNESS:· No.
13· · · · · · COMMISSIONER RALEIGH:· If so, on what day
14· ·did your wife vacate the Cedar Springs house?
16· · · · · · COMMISSIONER RALEIGH:· If so, to what
17· ·address did your wife move?
19· · · · · · COMMISSIONER RALEIGH:· If not, why did
20· ·your wife remain at the Cedar Springs house?
21· · · · · · THE WITNESS:· I do not know.
22· · · · · · COMMISSIONER RALEIGH:· Did you or any of
23· ·your children vacate the Cedar Springs house
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·1· ·either prior to or during the period at issue?
·2· · · · · · THE WITNESS:· No.
·3· · · · · · COMMISSIONER RALEIGH:· If so, on what date
·4· ·did each such child vacate the Cedar Springs
·5· ·house?
·7· · · · · · COMMISSIONER RALEIGH:· If so, what address
·8· ·did each such child move?
11· ·your children remain in the Cedar Springs house?
13· · · · · · COMMISSIONER RALEIGH:· Did you move into
14· ·the Conservancy Drive house prior to the period at
15· ·issue?
19· ·did you move into the Conservancy Drive house?
22· · · · · · COMMISSIONER RALEIGH:· Did you move any
23· ·furniture into the Conservancy Drive house?
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·1· · · · · · THE WITNESS:· No.
·2· · · · · · COMMISSIONER RALEIGH:· If so, identify the
·3· ·furniture that you moved in.
·5· · · · · · COMMISSIONER RALEIGH:· Did you move any
·6· ·dishes, flatware, or cutlery into the Conservancy
·7· ·Drive house?
·8· · · · · · THE WITNESS:· No.
10· ·televisions into the Conservancy Drive house?
11· · · · · · THE WITNESS:· No.
13· ·computers into the Conservancy Drive house?
14· · · · · · THE WITNESS:· No.
16· ·other personal property into the Conservancy Drive
17· ·house?
18· · · · · · THE WITNESS:· I do not remember.
19· · · · · · COMMISSIONER RALEIGH:· Did you -- did
20· ·anyone assist you in moving into the Conservancy
21· ·Drive house?
22· · · · · · THE WITNESS:· I cannot recall.
23· · · · · · COMMISSIONER RALEIGH:· If so, identify
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·3· · · · · · COMMISSIONER RALEIGH:· Did you move into
·4· ·the Conservancy Drive house in order to meet the
·5· ·residency requirement to run for the office in the
·6· ·election?
·7· · · · · · THE WITNESS:· Yes.· But at the time I may
·8· ·have understood the -- misunderstood the residency
·9· ·requirement of Section 47 of the Alabama
10· ·constitution of 2022.
11· · · · · · COMMISSIONER RALEIGH:· Is there any other
12· ·reason why you moved into the Conservancy Drive
13· ·house?
14· · · · · · THE WITNESS:· I don't believe so.
15· · · · · · COMMISSIONER RALEIGH:· If so, state such
16· ·reason.
18· · · · · · COMMISSIONER RALEIGH:· Did you move into
19· ·the Conservancy Drive house during the period at
20· ·issue?
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·1· ·did you move into the Conservancy Drive house?
·3· ·the first question as the answer to this question.
·5· ·furniture into the Conservancy Drive house?
·6· · · · · · THE WITNESS:· I refer my answer to 6b as
·7· ·the answer to 8b.
·9· ·furniture you moved in.
12· ·dishes, flatware, or cutlery into the Conservancy
13· ·Drive house?
14· · · · · · THE WITNESS:· No.
16· ·televisions into the Conservancy Drive house?
17· · · · · · THE WITNESS:· No.
19· ·computers into the Conservancy Drive house?
20· · · · · · THE WITNESS:· No.
22· ·personal -- other personal property into the
23· ·Conservancy Drive house?
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·1· · · · · · THE WITNESS:· No.
·2· · · · · · COMMISSIONER RALEIGH:· Did anyone assist
·3· ·you in moving into the Conservancy Drive house?
·4· · · · · · THE WITNESS:· No.
·8· · · · · · COMMISSIONER RALEIGH:· Did you move into
·9· ·the Conservancy Drive house in order to meet the
10· ·residency requirement to run for the office in the
11· ·election?
12· · · · · · THE WITNESS:· Yes.· But at the time I may
13· ·have misunderstood the residency requirement of
14· ·Section 47 of the Alabama constitution of 2022.
15· · · · · · COMMISSIONER RALEIGH:· Is there any other
16· ·reason why you moved into the Conservancy Drive
17· ·house?
18· · · · · · THE WITNESS:· No.
19· · · · · · COMMISSIONER RALEIGH:· If so, state such
20· ·reason.
22· · · · · · COMMISSIONER RALEIGH:· Did your wife move
23· ·into the Conservancy Drive house either prior to
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·1· ·or during the period at issue?
·2· · · · · · THE WITNESS:· No.
·3· · · · · · COMMISSIONER RALEIGH:· If so, on what
·4· ·dates did your wife move into the Conservancy
·5· ·Drive house?
·7· · · · · · COMMISSIONER RALEIGH:· Did any of your
·8· ·children move into the Conservancy Drive house
·9· ·either prior to or during the period at issue?
10· · · · · · THE WITNESS:· No.
11· · · · · · COMMISSIONER RALEIGH:· If so, on what
12· ·dates did each such child move into the
15· · · · · · COMMISSIONER RALEIGH:· Did you sign a
16· ·lease for the Conservancy Drive house?
17· · · · · · THE WITNESS:· Yes.
18· · · · · · COMMISSIONER RALEIGH:· If so, is
19· ·Exhibit A, the Sinopoli lease, a true and accurate
20· ·copy of that lease except for the redactions in
21· ·Section VIII?
22· · · · · · THE WITNESS:· No.
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·1· ·actually sign the Sinopoli lease on November 5,
·2· ·2021?
·3· · · · · · THE WITNESS:· I'd like to go back to
·4· ·question 11a, if I could.
·5· · · · · · COMMISSIONER RALEIGH:· You may.· Let me
·6· ·reask the question.
·7· · · · · · THE WITNESS:· Please.
·8· · · · · · COMMISSIONER RALEIGH:· If so, is
·9· ·Exhibit A, the Sinopoli lease, a true and accurate
10· ·copy of that lease except for the redactions in
11· ·Section VIII?
12· · · · · · THE WITNESS:· I cannot answer that
13· ·question truthfully because Exhibit A, as
14· ·presented, is not the Sinopoli lease.
16· ·actually sign the Sinopoli lease on November 5,
17· ·2021?
19· · · · · · COMMISSIONER RALEIGH:· If so, did Himbert
20· ·Sinopoli actually sign the Sinopoli lease on
21· ·November 5th or 6th, 2021?
23· · · · · · COMMISSIONER RALEIGH:· If so, who drafted,
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·1· ·created, or filled in the information and blanks
·2· ·on the Sinopoli lease?
·3· · · · · · THE WITNESS:· I do not remember.
·4· · · · · · COMMISSIONER RALEIGH:· How do you know
·5· ·Himbert Sinopoli?
·6· · · · · · THE WITNESS:· A family friend.
·7· · · · · · COMMISSIONER RALEIGH:· When did you first
·8· ·meet Himbert Sinopoli?
10· · · · · · COMMISSIONER RALEIGH:· How did you first
11· ·learn that Himbert Sinopoli was interested in
12· ·leasing some or all of the Conservancy Drive
13· ·house?
15· · · · · · COMMISSIONER RALEIGH:· Describe in detail
16· ·the discussions, negotiations, and other
17· ·communications between you and Himbert Sinopoli or
18· ·any other person acting on his behalf that
19· ·preceded the execution of the lease on the
20· ·Conservancy Drive house.
21· · · · · · THE WITNESS:· I don't recall.
22· · · · · · COMMISSIONER RALEIGH:· Identify each
23· ·person involved in facilitating, arranging for, or
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·1· ·assisting in you leasing the Conservancy Drive
·2· ·house.
·3· · · · · · THE WITNESS:· I don't recall.
·4· · · · · · COMMISSIONER RALEIGH:· For each person
·5· ·involved in facilitating, arranging for, or
·6· ·assisting you in leasing the Conservancy Drive
·7· ·house, state the date on which you first discussed
·8· ·or communicated regarding leasing the Conservancy
·9· ·Drive house with that person.
11· · · · · · COMMISSIONER RALEIGH:· For each person
12· ·involved in facilitating, arranging for, or
13· ·assisting you in leasing the Conservancy Drive
14· ·house, state the number of times you have
15· ·discussed or communicated with them regarding
16· ·leasing the Conservancy Drive house with that
17· ·person.
19· · · · · · COMMISSIONER RALEIGH:· For each person
20· ·involved in facilitating, arranging for, or
21· ·assisting you in leasing the Conservancy Drive
22· ·house, state how you communicated with that
23· ·person, e.g., in person, by phone, or by email,
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·1· ·et cetera.
·3· · · · · · COMMISSIONER RALEIGH:· What did your lease
·4· ·with Himbert Sinopoli provide as the amount of
·5· ·monthly rent in Section VIII?· In other words,
·6· ·what's under the redaction on Exhibit A?
·7· · · · · · THE WITNESS:· Section VIII of Exhibit A
·8· ·has no redaction.
·9· · · · · · COMMISSIONER RALEIGH:· What does your
10· ·lease with Himbert Sinopoli provide as the fee for
11· ·a nonsufficient rent check in Section IX?
12· · · · · · THE WITNESS:· I don't remember.
13· · · · · · COMMISSIONER RALEIGH:· On what date was
14· ·the information on Exhibit A actually filled in?
16· · · · · · COMMISSIONER RALEIGH:· Why isn't your wife
17· ·listed as tenant on the Sinopoli lease?
18· · · · · · THE WITNESS:· I don't know.
19· · · · · · COMMISSIONER RALEIGH:· Why didn't your
20· ·wife sign the Sinopoli lease?
22· · · · · · COMMISSIONER RALEIGH:· At the time you
23· ·entered into the Sinopoli lease, how long did you
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·1· ·intend to reside in the Conservancy Drive house?
·2· · · · · · THE WITNESS:· Unknown.
·3· · · · · · COMMISSIONER RALEIGH:· Did you intend to
·4· ·renew or extend the term of the Sinopoli lease
·5· ·when it expired?
·6· · · · · · THE WITNESS:· Unknown.
·7· · · · · · COMMISSIONER RALEIGH:· If not, at what
·8· ·address did you intend to reside after the
·9· ·expiration of the lease?
11· · · · · · COMMISSIONER RALEIGH:· At the time you
12· ·entered into the lease for the Conservancy Drive
13· ·house, did you intend for your wife and children
14· ·to reside there with you?
17· · · · · · COMMISSIONER RALEIGH:· If so, why does the
18· ·Sinopoli lease indicate, under Section III,
19· ·"Occupants," that there are no occupants other
20· ·than you?
22· · · · · · COMMISSIONER RALEIGH:· If not, why didn't
23· ·you intend for your wife and children to reside
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·1· ·with you at the Conservancy Drive house?
·2· · · · · · THE WITNESS:· Yes.· But at the time I may
·3· ·have misunderstood the residency requirement of
·4· ·Section 47 of the Alabama constitution of 2022.
·5· · · · · · COMMISSIONER RALEIGH:· What portion, area,
·6· ·or rooms of the Conservancy Drive house did you
·7· ·lease?
·8· · · · · · THE WITNESS:· I don't remember.
·9· · · · · · COMMISSIONER RALEIGH:· Did you have the
10· ·full use and access of the entire Conservancy
11· ·Drive house and grounds under your lease?
12· · · · · · THE WITNESS:· The lease does not
13· ·specify -- specify.· There we go.
14· · · · · · COMMISSIONER RALEIGH:· Why does the
15· ·Sinopoli lease, in Section IV, "The Property,"
16· ·describe the leased property as including zero
17· ·bedrooms and zero bathrooms?
19· · · · · · COMMISSIONER RALEIGH:· Did you fill in the
20· ·blanks in Section IV of the Sinopoli lease?
22· · · · · · COMMISSIONER RALEIGH:· Did you and/or your
23· ·wife have your own bathroom at the Conservancy
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·1· ·Drive house, or did you share a bathroom with
·2· ·other residents?
·3· · · · · · THE WITNESS:· My wife did not live at the
·4· ·Conservancy Drive.· I don't remember the rest.
·5· · · · · · COMMISSIONER RALEIGH:· Did Himbert
·6· ·Sinopoli and/or his wife continue to reside at the
·7· ·Conservancy Drive house during the period of your
·8· ·lease?
·9· · · · · · THE WITNESS:· Yes.
10· · · · · · COMMISSIONER RALEIGH:· Did anyone else
11· ·other than you reside in the Conservancy Drive
12· ·house during the period of your lease?
15· ·each person who resided in the Conservancy Drive
16· ·house during the period of your lease.
18· · · · · · COMMISSIONER RALEIGH:· How many bedrooms
19· ·does the Conservancy Drive house have?
21· · · · · · COMMISSIONER RALEIGH:· How many of the
22· ·bedrooms in the Conservancy Drive house did you
23· ·lease from Himbert Sinopoli?
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·1· · · · · · THE WITNESS:· The lease that's listed does
·2· ·not specify -- specify.· I'll get that right one
·3· ·of these days.
·4· · · · · · COMMISSIONER RALEIGH:· How many
·5· ·bedrooms -- excuse me.
·6· · · · · · How many bathrooms does the Conservancy
·7· ·Drive house have?
·9· · · · · · COMMISSIONER RALEIGH:· How many of the
10· ·bathrooms in the Conservancy Drive house did you
11· ·lease from Himbert Sinopoli?
12· · · · · · THE WITNESS:· The lease does not specify.
13· · · · · · COMMISSIONER RALEIGH:· How many bedrooms
14· ·does the Cedar Springs house have?
15· · · · · · THE WITNESS:· Four, I believe.
16· · · · · · COMMISSIONER RALEIGH:· How many bathrooms
17· ·does the Cedar Springs house have?
18· · · · · · THE WITNESS:· Three, I believe.
20· ·wife pay any rent for the Conservancy Drive house
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·1· ·you pay the rent required by the Sinopoli lease?
·3· · · · · · COMMISSIONER RALEIGH:· If so, what was the
·4· ·monthly amount of rent?
·6· · · · · · COMMISSIONER RALEIGH:· If so, how much
·7· ·total rent did you pay during the period at issue?
·9· · · · · · COMMISSIONER RALEIGH:· If so, who did you
10· ·pay your rent to?
11· · · · · · THE WITNESS:· Himbert Sinopoli.
12· · · · · · COMMISSIONER RALEIGH:· If so, how did you
13· ·make rent payments?· E.g., check, cash, credit
14· ·card, et cetera.
15· · · · · · THE WITNESS:· I believe it was a payment
16· ·by check.
17· · · · · · COMMISSIONER RALEIGH:· If you paid by
18· ·checks, were the checks negotiated or deposited so
19· ·that your account was debited?
20· · · · · · THE WITNESS:· The payment check was
21· ·deposited.
22· · · · · · COMMISSIONER RALEIGH:· Was any rent paid
23· ·by you ever refunded, returned, or reimbursed to
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·1· ·you?
·2· · · · · · THE WITNESS:· No.
·3· · · · · · COMMISSIONER RALEIGH:· Did any person
·4· ·other than yourself pay any portion of the rent
·5· ·under the Sinopoli lease or reimburse you for all
·6· ·or part of any such rent payments?
·7· · · · · · THE WITNESS:· No.
11· · · · · · COMMISSIONER RALEIGH:· If so, state the
12· ·amount paid by each such person.
14· · · · · · COMMISSIONER RALEIGH:· If so, why did each
15· ·such person make said payments instead of you?
17· · · · · · COMMISSIONER RALEIGH:· Did you ever
18· ·discuss paying less than the monthly rent stated
19· ·in the lease with Himbert Sinopoli or any other
20· ·person involved in facilitating, arranging for, or
21· ·assisting in your leasing the Conservancy Drive
22· ·house?
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·1· · · · · · COMMISSIONER RALEIGH:· If so, when did
·2· ·those discussions take place and with whom did you
·3· ·have them?
·5· · · · · · COMMISSIONER RALEIGH:· Did you ever
·6· ·discuss receiving refunds or reimbursements for
·7· ·your rent with any person involved in
·8· ·facilitating, arranging for, or assisting you in
·9· ·the leasing -- assisting in you leasing the
11· · · · · · THE WITNESS:· No.
12· · · · · · COMMISSIONER RALEIGH:· If so, when did
13· ·those discussions take place and with whom did you
14· ·have them?
16· · · · · · COMMISSIONER RALEIGH:· Did your campaign
17· ·pay any of the rent due under the Sinopoli lease
18· ·or reimburse you for all or part of any such rent
19· ·payments?
20· · · · · · THE WITNESS:· No.
21· · · · · · COMMISSIONER RALEIGH:· The Sinopoli lease
22· ·indicates that the leased property was not
23· ·furnished.
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·1· · · · · · What furniture did you use at the
·2· ·Conservancy Drive house during the period of the
·3· ·lease?
·5· · · · · · COMMISSIONER RALEIGH:· Did you ever sleep
·6· ·overnight at the Conservancy Drive house during
·7· ·the period at issue?
·9· · · · · · COMMISSIONER RALEIGH:· If so, on how
10· ·many -- if so, on approximately how many
11· ·occasions?
14· ·dates did you sleep overnight at the Conservancy
15· ·Drive house during the period at issue?
17· · · · · · COMMISSIONER RALEIGH:· If so, how many
18· ·times per week did you sleep overnight at the
19· ·Conservancy Drive house during the period at
20· ·issue, on average?
23· ·times per month did you sleep overnight at the
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·1· ·Conservancy Drive house during the period at
·2· ·issue, on average?
·4· · · · · · COMMISSIONER RALEIGH:· Did your wife
·5· ·sleep -- did your wife sleep ever overnight at the
·7· ·issue?
·8· · · · · · THE WITNESS:· Not that I recall.
·9· · · · · · COMMISSIONER RALEIGH:· If so, on
10· ·approximately how many occasions?
13· ·dates did your wife sleep overnight at the
15· ·issue?
18· ·times per week did your wife sleep overnight at
23· ·times per month did your wife sleep overnight at
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·1· ·the Conservancy Drive house during the period at
·4· · · · · · COMMISSIONER RALEIGH:· Did any of your
·5· ·children sleep overnight at the Conservancy Drive
·6· ·house during the period at issue?
·7· · · · · · THE WITNESS:· No.
·9· ·many -- on approximately how many occasions?
12· ·dates did each such child sleep overnight at the
14· ·issue?
17· ·times per week did each such child sleep overnight
18· ·at the Conservancy Drive house during the period
19· ·at issue, on average?
22· ·times per month did each such child sleep
23· ·overnight at the Conservancy Drive house during
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·1· ·the period at issue, on average?
·3· · · · · · COMMISSIONER RALEIGH:· On those occasions,
·4· ·if any, when you would sleep overnight at the
·6· ·issue, did Himbert Sinopoli and/or his wife also
·7· ·sleep overnight at the house?
·9· · · · · · COMMISSIONER RALEIGH:· On those occasions
10· ·when you would sleep overnight at the Conservancy
11· ·Drive house during the period at issue, did any
12· ·other person not previously identified sleep
13· ·overnight at the house?
16· ·each such person.
19· ·dates did each such person sleep overnight at the
20· ·Conservancy Drive house --
22· · · · · · COMMISSIONER RALEIGH:· -- during the
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·2· · · · · · COMMISSIONER RALEIGH:· If so, how many
·3· ·times per week did each such person sleep
·4· ·overnight at the Conservancy Drive house during
·5· ·the period at issue, on average?
·8· ·many -- let me restart.
·9· · · · · · If so, how many times per month did each
10· ·such person sleep overnight at the Conservancy
11· ·Drive house during the period at issue, on
12· ·average?
14· · · · · · COMMISSIONER RALEIGH:· Did you eat meals
15· ·at the Conservancy Drive house during the period
16· ·at issue?
18· · · · · · COMMISSIONER RALEIGH:· If so, on how many
19· ·occasions did you eat breakfast at the Conservancy
23· ·occasions did you eat lunch at the Conservancy
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·1· ·Drive house during the period at issue?
·3· · · · · · COMMISSIONER RALEIGH:· If so, on how many
·4· ·occasions did you eat dinner at the Conservancy
·7· · · · · · COMMISSIONER RALEIGH:· Did you
·8· ·bathe/shower at the Conservancy Drive house during
12· ·occasions did you bathe/shower at the Conservancy
16· ·wife pay any portion of the utilities, including,
17· ·but not limited to, electricity, water, gas,
18· ·et cetera, for the Conservancy Drive house during
19· ·the period at issue?
20· · · · · · THE WITNESS:· No.
22· ·each such utility, the average monthly cost
23· ·associated with it, and the portion you paid.
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·3· ·other than yourself pay any portion of the
·4· ·utilities during the period at issue or reimburse
·5· ·you for all or part of any such payments?
·8· ·each such person.
17· ·wife pay any expenses for home phone service for
19· ·issue?
20· · · · · · THE WITNESS:· No.
22· ·date and the amount of each such payment and/or
23· ·the portion you and/or your wife paid.
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·3· ·other than you make any such payments or reimburse
·4· ·you for all -- for all or part of any such
·5· ·payments?
14· ·such --
15· · · · · · COURT REPORTER:· Slow down just a hair.
16
17· · · · · · (At which time, an off-the-record
18· · · · · · discussion was held.)
19
20· · · · · · COMMISSIONER RALEIGH:· For the record, I
21· ·am reading verbatim the questions that are in
22· ·Exhibit 2, and we are on page 14 of Exhibit 2.
23· · · · · · So I am at question 36(b)(iii) at this
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·1· ·point.
·2· · · · · · THE WITNESS:· Okay.
·3· · · · · · COMMISSIONER RALEIGH:· If so, why did each
·4· ·such person make any such payment/payments instead
·5· ·of you?
·7· · · · · · COMMISSIONER RALEIGH:· Did you and/or your
·8· ·wife pay any expenses for Internet service for the
10· ·issue?
11· · · · · · THE WITNESS:· No.
13· ·date and amount of each such payment and the
14· ·portion you and/or your wife paid.
16· · · · · · COMMISSIONER RALEIGH:· Did any person
17· ·other than you make such payments or reimburse you
18· ·for all or part of any such payments?
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·1· ·amount paid by each such person.
·4· ·such person make any such payments instead of you?
·7· ·wife pay any expenses for cable television for the
·9· ·issue?
10· · · · · · THE WITNESS:· No.
16· ·other than you make any such payments or reimburse
17· ·you for all or part of any such payments?
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·3· ·such person make any such payment instead of you?
·6· ·wife pay any expenses for lawn care/landscaping
·7· ·for the Conservancy Drive house during the period
·8· ·at issue?
·9· · · · · · THE WITNESS:· No.
11· ·date and amount of any such -- of each such
12· ·payment and the portion you and/or your wife paid.
15· ·other than you make any payments or reimburse you
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·5· ·wife pay any expenses for maids/housekeeping for
·6· ·the Conservancy Drive house during the period at
·7· ·issue?
·8· · · · · · THE WITNESS:· No.
·9· · · · · · COMMISSIONER RALEIGH:· If so, state the
14· ·other than you make such payments or reimburse you
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·4· ·wife pay any expenses for any home security system
·5· ·for the Conservancy Drive house during the period
·6· ·at issue?
·7· · · · · · THE WITNESS:· No.
·9· ·date and amount of each such payment and the
14· ·you for all or part of such payments?
23· ·such person make any such payments instead of you?
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·2· · · · · · COMMISSIONER RALEIGH:· Continuing on
·3· ·page 14 at question 42.
·4· · · · · · Were --
·5· · · · · · THE WITNESS:· Page 14?
·6· · · · · · MR. AGRICOLA:· 17.
·7· · · · · · COMMISSIONER RALEIGH:· Excuse me.· 17.
·8· ·Correct.· So Exhibit 2, page 17, question 42.
·9· · · · · · Were there any other expenses not
10· ·previously mentioned associated with the
11· ·Conservancy Drive house that you and/or your wife
12· ·paid during the period at issue?
14· · · · · · COMMISSIONER RALEIGH:· If so, identify the
15· ·type or nature of each such expense and the
19· ·amount of each such expense.
21· · · · · · COMMISSIONER RALEIGH:· Did any other
22· ·person other than you and/or your wife pay any
23· ·other expenses or reimburse you for all or part of
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·1· ·any such payments associated with the Conservancy
·2· ·Drive house paid during the period at issue?
·3· · · · · · THE WITNESS:· No.
·8· ·each expense paid by each such person.
11· ·amount paid toward each such expense by each such
12· ·person.
18· ·wife pay any utilities for the Cedar Springs house
22· ·each utility and the average monthly cost
23· ·associated with it and the portion you and/or your
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·1· ·wife paid.
·2· · · · · · THE WITNESS:· Gas, water, electric.
·3· · · · · · COMMISSIONER RALEIGH:· If not, identify
·4· ·each such utility that was canceled, disconnected,
·5· ·or discontinued during the period at issue.
·7· · · · · · COMMISSIONER RALEIGH:· Why did you pay the
·8· ·utilities for the Cedar Springs house during the
·9· ·period at issue?
10· · · · · · THE WITNESS:· It was billed.
12· ·other than yourself pay any portion of the
13· ·utilities during the period at issue or reimburse
15· · · · · · THE WITNESS:· No.
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·3· ·wife pay any expenses for home telephone service
·4· ·for the Cedar Springs house during the period at
·5· ·issue?
·6· · · · · · THE WITNESS:· No.
·8· ·date and approximate amount of each such payment
·9· ·and the portion you and/or your wife paid.
16· ·such person.
18· · · · · · COMMISSIONER RALEIGH:· Excuse me.
19· · · · · · If so, identify each such person.
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·5· ·wife pay any expenses for Internet services for
·6· ·the Cedar Springs house during the period at
·7· ·issue?
10· ·date and approximate amount of each such payment
11· ·and the portion you and/or your wife paid.
12· · · · · · THE WITNESS:· Monthly.· I don't recall the
13· ·amount.
15· ·other than you make any such payments?
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·2· · · · · · THE WITNESS:· 46(b), that should be a no.
·3· ·My apologies.
·4· · · · · · COMMISSIONER RALEIGH:· I'll restate the
·5· ·question.
·7· · · · · · COMMISSIONER RALEIGH:· 46(b) is:· Did any
·8· ·person other than you make any such payments?
·9· · · · · · THE WITNESS:· No.
10· · · · · · COMMISSIONER RALEIGH:· Question
11· ·46(b)(iii):· If so, why did each such person make
12· ·any payments instead of you?
14· · · · · · COMMISSIONER RALEIGH:· 47:· Did you and/or
15· ·your wife pay any expenses for cable television
16· ·for the Cedar Springs house during the period at
17· ·issue?
18· · · · · · THE WITNESS:· No.
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·1· ·other than you make any such payments or reimburse
14· ·wife pay any expenses for lawn care at the Cedar
15· ·Springs house during the period at issue?
20· · · · · · THE WITNESS:· I believe it was every two
21· ·weeks in the summer.
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·2· · · · · · THE WITNESS:· No.
13· ·wife personally cut the grass or perform other
14· ·lawn care or landscaping work for the Cedar
16· · · · · · THE WITNESS:· No.
17· · · · · · COMMISSIONER RALEIGH:· If so, on
18· ·approximately how many occasions did you and/or
19· ·your wife cut the grass or perform other lawn care
20· ·or landscaping work for the Cedar Springs house
23· · · · · · COMMISSIONER RALEIGH:· If so, why did you
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·1· ·and/or your wife cut the grass or perform other
·2· ·lawn care or landscaping work for the Cedar
·3· ·Springs house during the period at issue, if you
·4· ·did so?
·6· · · · · · COMMISSIONER RALEIGH:· Did you pay and/or
·7· ·your -- did you pay, and/or your wife, any
·8· ·expenses for maids/housekeeping for the Cedar
·9· ·Springs house during the period at issue?
12· ·date and approximate amount for each such payment
14· · · · · · THE WITNESS:· I believe it was monthly. I
15· ·do not recall the amount.
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·7· ·wife pay any expenses for any home security system
·8· ·for the Cedar Springs house during the period at
·9· ·issue?
10· · · · · · THE WITNESS:· I have concerns as a public
11· ·official about responding to this interrogatory
12· ·because the response could jeopardize the safety
13· ·of my family.
15· ·date and approximate amount of any such payment
17· · · · · · THE WITNESS:· Please refer to the response
18· ·to question 51.
22· · · · · · THE WITNESS:· No.
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·4· ·amount by each such person.
10· ·wife pay expenses for swimming pool maintenance
12· ·issue?
17· · · · · · THE WITNESS:· Monthly.· I do not recall
18· ·the amount.
22· · · · · · THE WITNESS:· No.
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·9· · · · · · COMMISSIONER RALEIGH:· 53:· Did you and/or
10· ·your wife perform any repairs, improvements,
11· ·maintenance, or remodeling work on the Cedar
13· · · · · · THE WITNESS:· Yes.· I believe I changed
14· ·the light bulbs and the air filters.
15· · · · · · COMMISSIONER RALEIGH:· If so, describe the
16· ·type or nature of the work performed.
17· · · · · · THE WITNESS:· See response to
18· ·interrogatory for question 53.
19· · · · · · COMMISSIONER RALEIGH:· If so, what was the
20· ·cost of each such repair, improvement,
21· ·maintenance, or remodeling?
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·1· ·other than you make payments toward the cost of
·2· ·such repair, improvement, maintenance, or
·3· ·remodeling or reimburse you for all or part of any
·4· ·such payments?
·5· · · · · · THE WITNESS:· No.
13· ·such person make payments instead of you?
16· ·wife pay for any repairs, improvements,
17· ·maintenance, or remodeling work on the Cedar
20· · · · · · COMMISSIONER RALEIGH:· If so, describe the
21· ·type or nature of the work performed.
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·1· ·cost of each such repair, improvement,
·2· ·maintenance, or renovation and the portion you
·3· ·and/or your wife paid?
·6· ·each person who performed each such improvement,
·7· ·repair, maintenance, or remodeling.
10· ·other than yourself pay for any such repairs,
11· ·improvements, maintenance, or remodeling during
12· ·the period at issue or reimburse you for all or
13· ·part of any such payments?
14· · · · · · THE WITNESS:· No.
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·2· ·wife purchase any appliances, either original or
·3· ·as a replacement, for the Cedar Springs house
·4· ·during or after the period at issue?
·5· · · · · · THE WITNESS:· I don't remember.
·6· · · · · · COMMISSIONER RALEIGH:· For each such
·7· ·appliance, state the type of appliance, the cost
·8· ·of the appliance, and the dates on which it was
·9· ·purchased and installed.
12· ·wife continue to own, whether subject to a
13· ·mortgage or not, the Cedar Springs house during
16· · · · · · COMMISSIONER RALEIGH:· Do you and/or your
17· ·wife currently own, whether subject to a mortgage
18· ·or not, the Cedar Springs house?
21· ·wife pay property taxes for the Cedar Springs
22· ·house for the tax year 2021?
23· · · · · · THE WITNESS:· I believe so.
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·1· · · · · · COMMISSIONER RALEIGH:· If so,
·2· ·approximately how much did you pay?
·4· · · · · · COMMISSIONER RALEIGH:· If so, did you and
·5· ·your wife claim a homestead exemption on the Cedar
·6· ·Springs house?
·7· · · · · · THE WITNESS:· I don't know.
·8· · · · · · COMMISSIONER RALEIGH:· If you claimed a
·9· ·homestead exemption, do you understand that a
10· ·homestead exemption can only be claimed on your
11· ·primary residence?
14· ·other than you and/or your wife pay any portion of
15· ·the property tax or reimburse you for all or part
16· ·of any such payments?
17· · · · · · THE WITNESS:· No.
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·2· ·such person make said payments instead of you?
·4· · · · · · COMMISSIONER RALEIGH:· Did you pay
·5· ·property taxes for the Cedar Springs house for the
·6· ·tax year 2023?
·7· · · · · · THE WITNESS:· I believe so.
·9· ·approximately how much did you pay?
12· ·claim a homestead exemption on the Cedar Springs
13· ·house?
15· · · · · · COMMISSIONER RALEIGH:· If you claimed a
16· ·homestead exemption, do you understand that a
17· ·homestead exemption can only be claimed on your
18· ·primary residence?
21· ·other than yourself pay any portion of said
22· ·property tax or reimburse you for all or part of
23· ·any such payments?
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·1· · · · · · THE WITNESS:· No.
12· ·wife pay any homeowner's association dues to the
13· ·Cedar Springs Station Homeowner's Association or
14· ·any other homeowner's association for the Cedar
20· · · · · · THE WITNESS:· Annual.· But I don't recall
21· ·the amount.
23· ·and/or your wife vote on any matters presented by
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·1· ·any such homeowner's association during the period
·2· ·at issue?
·3· · · · · · THE WITNESS:· I do not believe we did.
·5· ·other than you and/or your wife make any such
·6· ·payments during the period at issue or reimburse
·8· · · · · · THE WITNESS:· No.
13· ·amount paid by each person other than yourself.
16· ·each person who made any such payment make those
17· ·payments instead of you?
18· · · · · · THE WITNESS:· Refer to my answer to
19· ·interrogatory 60(c).
20· · · · · · COMMISSIONER RALEIGH:· Were there any
21· ·other expenses not already identified associated
22· ·with the Cedar Springs house that you and/or your
23· ·wife paid during the period at issue?
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·3· ·each such expense and the portion you and/or your
·4· ·wife paid.
·7· ·approximate amount of each such expense.
10· ·other than you and/or your wife pay any other
11· ·expenses associated with the Cedar Springs house
12· ·during the period at issue or reimburse you for
13· ·all or part of any such payments?
14· · · · · · THE WITNESS:· No.
19· ·each expense paid by each such person.
22· ·amount paid toward each such expense by each such
23· ·person.
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·6· ·wife obtain renters insurance for any part of the
·8· ·issue?
·9· · · · · · THE WITNESS:· No.
11· ·did you obtain such insurance?
13· · · · · · COMMISSIONER RALEIGH:· If so, what -- with
14· ·what insurer did you obtain such insurance?
17· ·you obtain such insurance?
20· ·wife have a homeowner's insurance policy in effect
22· ·issue?
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·1· · · · · · COMMISSIONER RALEIGH:· If so, with what
·2· ·insurer did you and/or your wife maintain such a
·3· ·policy?
·4· · · · · · THE WITNESS:· USAA.
·5· · · · · · COMMISSIONER RALEIGH:· If so, do you know
·6· ·whether your homeowner's policy requires the
·7· ·covered property to be your primary residence?
·8· · · · · · THE WITNESS:· I do not know.
·9· · · · · · COMMISSIONER RALEIGH:· If so, and you
10· ·claim that the Cedar Springs house ceased being
11· ·your primary residence, did you ever notify your
12· ·insurer that it was no longer your primary
13· ·residence?
15· · · · · · COMMISSIONER RALEIGH:· Did your insurer
16· ·ever cancel or modify your policy or coverage?
17· · · · · · THE WITNESS:· No.
18· · · · · · COMMISSIONER RALEIGH:· Did you attempt to
19· ·cancel or rescind your homeowner's policy during
21· · · · · · THE WITNESS:· No.
22· · · · · · COMMISSIONER RALEIGH:· If you were not
23· ·residing at the Conservancy Drive house during the
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·1· ·period at issue, did you visit the Conservancy
·6· ·dates did you visit the Conservancy Drive house
·7· ·during the period at issue?
10· ·times per week did you visit the Conservancy Drive
11· ·house during the period at issue, on average?
14· ·times per month did you visit the Conservancy
15· ·Drive house during the period at issue, on
16· ·average?
18· · · · · · COMMISSIONER RALEIGH:· If your wife was
19· ·not residing at the Conservancy Drive house during
20· ·the period at issue, did your wife visit the
22· ·issue?
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·2· ·dates did your wife visit the Conservancy Drive
·6· ·times per week did your wife visit the Conservancy
·7· ·Drive house during the period at issue, on
·8· ·average?
11· ·times per month did your wife visit the
15· · · · · · COMMISSIONER RALEIGH:· If any of your
16· ·children were not residing at the Conservancy
17· ·Drive house during the period at issue, did any of
18· ·your children visit the Conservancy Drive house
20· · · · · · THE WITNESS:· No.
22· ·dates did each such child visit the Conservancy
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·3· ·times per week did each such child visit the
·8· ·times per month did each such child visit the
12· · · · · · COMMISSIONER RALEIGH:· Did any person or
13· ·persons reside at the Cedar Springs house during
18· · · · · · THE WITNESS:· Wife and children.
20· ·period of time each such person resided at the
21· ·Cedar Springs house.
22· · · · · · THE WITNESS:· For the period at issue.
23· · · · · · COMMISSIONER RALEIGH:· If you were not
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·1· ·residing at the Cedar Springs house during the
·2· ·period at issue, did you visit the Cedar Springs
·6· ·dates did you visit the Cedar Springs house during
10· ·times per week did you visit the Cedar Springs
11· ·house during the period --
12· · · · · · THE WITNESS:· I don't --
13· · · · · · COMMISSIONER RALEIGH:· -- at issue, on
14· ·average?
17· ·times per month did you visit the Cedar Springs
18· ·house during the period at issue, on average?
20· · · · · · COMMISSIONER RALEIGH:· If your wife was
21· ·not residing at the Cedar Springs house during the
22· ·period at issue, did your wife visit the Cedar
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·3· ·dates did your wife visit the Cedar Springs house
·7· ·times per week did your wife visit the Cedar
·8· ·Springs house during the the period at issue, on
·9· ·average?
12· ·times per month did your wife visit the Cedar
13· ·Springs house during the period at issue, on
14· ·average?
16· · · · · · COMMISSIONER RALEIGH:· If any of your
17· ·children were not residing at the Cedar Springs
18· ·house during the period at issue, did any of your
19· ·children visit the Cedar Springs house during the
23· ·dates did each such child visit the Cedar Springs
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·4· ·times per week did each such child visit the Cedar
·5· ·Springs house during the period at issue, on
·6· ·average?
·9· ·times per month did each such child visit the
10· ·Cedar Springs house during the period at issue, on
11· ·average?
13· · · · · · COMMISSIONER RALEIGH:· Did you sleep
14· ·overnight at the Cedar Springs house during the
16· · · · · · THE WITNESS:· I believe I did.
18· ·approximately how many nights did you sleep
23· ·dates did you sleep overnight at the Cedar Springs
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·4· ·times per week did you sleep overnight at the
·5· ·Cedar Springs house during the period at issue, on
·6· ·average?
·9· ·times per month did you sleep overnight at the
10· ·Cedar Springs house during the period at issue, on
11· ·average?
13· · · · · · COMMISSIONER RALEIGH:· Did your wife sleep
18· ·approximately how many nights did your wife sleep
23· ·nights did your wife sleep overnight at the Cedar
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·1· ·Springs house during the period at issue?
·4· ·times per week did your wife sleep overnight at
·5· ·the Cedar Springs house during the period at
·9· ·times per month did your wife sleep overnight at
10· ·the Cedar Springs house during the period at
13· · · · · · COMMISSIONER RALEIGH:· Did any of your
14· ·children sleep overnight at the Cedar Springs
15· ·house during the period at issue?
18· ·approximately how many nights did each such child
19· ·sleep overnight at the Cedar Springs house during
23· ·dates did each such child sleep overnight at the
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·1· ·Cedar Springs house during the period at issue?
·4· ·times per week did each such child sleep overnight
·5· ·at the Cedar Springs house during the period at
·9· ·times per month did each such child sleep
11· ·period at issue, on average?
13· · · · · · COMMISSIONER RALEIGH:· We're on page 29,
14· ·question 35 -- excuse me -- 75.
15· · · · · · Did any other person other than you, your
16· ·wife, and/or your children regularly or routinely
17· ·sleep overnight at the Cedar Springs house during
22· · · · · · THE WITNESS:· Friends of children. I
23· ·don't know the identities.
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·2· ·dates did each such person sleep overnight at the
·3· ·Cedar Springs house during the period at issue?
·6· ·times per week did each such person sleep
·7· ·overnight at the Cedar Springs house during the
·8· ·period at issue, on average?
11· ·times per month did each such person sleep
13· ·period at issue, on average?
15· · · · · · COMMISSIONER RALEIGH:· Did any of your
16· ·children attend public school during the period at
17· ·issue?
18· · · · · · THE WITNESS:· No.
19· · · · · · COMMISSIONER RALEIGH:· If so, for each
20· ·such child that attended public school, was that
21· ·school a part of the school district for which the
22· ·Conservancy Drive house was zoned?
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·1· · · · · · COMMISSIONER RALEIGH:· If so, for each
·2· ·such child that attended public school, was that
·3· ·school a part of the school district for which the
·4· ·Cedar Springs house was zoned?
·7· ·change the school district in which any of your
·8· ·children was registered during the period at
·9· ·issue?
11· · · · · · COMMISSIONER RALEIGH:· At what addresses
12· ·did you receive delivery of personal mail during
14· · · · · · THE WITNESS:· Said previous addresses of
15· ·Cedar Springs, Conservancy Drive, and Ashbury
16· ·Woods.
17· · · · · · COMMISSIONER RALEIGH:· Did you receive
18· ·delivery of any personal mail at the Conservancy
21· · · · · · COMMISSIONER RALEIGH:· If so, how often
22· ·would you receive personal mail at the Conservancy
23· ·Drive house?
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·3· ·approximately how many items of personal mail
·4· ·would you receive at the Conservancy Drive house
·5· ·each week?
·7· · · · · · COMMISSIONER RALEIGH:· Did you have any
·8· ·personal mail delivered to the Cedar Springs house
11· · · · · · COMMISSIONER RALEIGH:· If so, how often
12· ·would you receive personal mail at the Cedar
13· ·Springs house?
15· · · · · · COMMISSIONER RALEIGH:· If so,
16· ·approximately how many items of personal mail
17· ·would you receive at the Cedar Springs house each
18· ·week?
20· · · · · · COMMISSIONER RALEIGH:· Did you receive
21· ·delivery of magazines at the Conservancy Drive
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·1· · · · · · COMMISSIONER RALEIGH:· If so, which
·2· ·magazines did you receive there?
·4· · · · · · COMMISSIONER RALEIGH:· Did you receive
·5· ·delivery of magazines at the Cedar Springs house
·8· · · · · · COMMISSIONER RALEIGH:· If so, which
·9· ·magazines did you receive there?
11· · · · · · COMMISSIONER RALEIGH:· Did your wife have
12· ·any personal mail delivered to the Conservancy
14· · · · · · THE WITNESS:· No.
15· · · · · · COMMISSIONER RALEIGH:· Did your wife have
16· ·any personal mail delivered to the Cedar Springs
20· ·wife notify the post office of your intent to
21· ·vacate the Cedar Springs house and/or your change
22· ·in address during the period at issue?
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·2· ·wife complete a change-of-address form for the
·3· ·United States Postal Service either prior to or
·5· · · · · · THE WITNESS:· Please refer to my answer to
·6· ·the interrogatory of question 84.
·8· ·wife have any food or groceries delivered to the
·9· ·Conservancy Drive house via services such as
10· ·Grubhub, Uber Eats, DoorDash, Shipt, or any
11· ·similar delivery service during the period at
12· ·issue?
13· · · · · · THE WITNESS:· No.
14· · · · · · COMMISSIONER RALEIGH:· If so, on how
15· ·many -- on approximately how many occasions was
16· ·each such delivery made?
19· ·wife have any food delivered to the Cedar Springs
20· ·house via services such as Grubhub, Uber Eats,
21· ·DoorDash, Shipt, or any similar delivery service
23· · · · · · THE WITNESS:· No.
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·1· · · · · · COMMISSIONER RALEIGH:· If so, on
·2· ·approximately how many occasions was each such
·3· ·delivery made?
·5· · · · · · COMMISSIONER RALEIGH:· Did you notify your
·6· ·employer/place of employment of your intent to
·7· ·vacate the Cedar Springs house and/or your change
·8· ·in address?
·9· · · · · · THE WITNESS:· No.
11· ·each such person to whom you provided such notice.
14· ·did you notify them?
16· · · · · · COMMISSIONER RALEIGH:· Did you notify the
17· ·United States Veterans Administration of your
18· ·intent to vacate the Cedar Springs house and/or
19· ·your change in address?
20· · · · · · THE WITNESS:· No.
22· ·each such person to whom you provided such notice.
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David Cole 94
·2· ·did you notify them?
·5· ·wife notify the Cedar Springs Homeowner's
·6· ·Association -- excuse me.· I'm going to restart.
·7· ·This is question 90 on page 31 of Exhibit 2.
·8· · · · · · Did you and/or wife notify the Cedar
·9· ·Springs Station Homeowner's Association or any
10· ·other homeowner's association of your intent to
11· ·vacate the Cedar Springs house and/or your change
12· ·in address?
13· · · · · · THE WITNESS:· No.
15· ·each person to whom you and/or your wife provided
16· ·such notice.
19· ·did you notify them?
21· · · · · · COMMISSIONER RALEIGH:· What is the street
22· ·address listed on your current Alabama driver's
23· ·license?
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·1· · · · · · THE WITNESS:· Ashbury Woods address.
·2· · · · · · COMMISSIONER RALEIGH:· When was the last
·3· ·time that you were issued a new or renewed Alabama
·4· ·driver's license?
·5· · · · · · THE WITNESS:· What was -- what is listed
·6· ·on my license.
·7· · · · · · COMMISSIONER RALEIGH:· What is the street
·8· ·addresses listed on your Alabama driver's license
10· · · · · · THE WITNESS:· The address at Cedar Springs
11· ·and the address at Ashbury Woods.
12· · · · · · COMMISSIONER RALEIGH:· Did you renew your
13· ·Alabama driver's license during the period at
14· ·issue?
15· · · · · · THE WITNESS:· No.
16· · · · · · COMMISSIONER RALEIGH:· Did you change or
17· ·update your residence address with the Alabama Law
18· ·Enforcement Agency during the period at issue?
20· · · · · · COMMISSIONER RALEIGH:· If you changed the
21· ·address listed on your Alabama driver's license
22· ·during the period at issue, identify each such
23· ·change, including the date of same.
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·1· · · · · · THE WITNESS:· See response to
·2· ·interrogatory question 91.
·3· · · · · · COMMISSIONER RALEIGH:· What was the street
·4· ·address listed on your wife's license during the
·5· ·period at issue?
·6· · · · · · THE WITNESS:· See response to question --
·7· ·to interrogatory 92.
·8· · · · · · COMMISSIONER RALEIGH:· Are you required to
·9· ·provide a residence address to the Alabama Medical
10· ·Licensure Commission?
12· · · · · · COMMISSIONER RALEIGH:· If so, what is the
13· ·most current residence address that you have
14· ·provided to the commission?
17· ·notify the commission of your intent to vacate the
18· ·Cedar Springs house and/or your change in --
19· · · · · · THE WITNESS:· Not --
20· · · · · · COMMISSIONER RALEIGH:· -- your change in
21· ·address?
23· · · · · · COMMISSIONER RALEIGH:· What residence
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David Cole 97
·1· ·address did you provide to the Alabama Republican
·2· ·Party and/or the Alabama Republican Executive
·3· ·Committee when you filed your qualification
·4· ·documents to run for the office in 2022?
·5· · · · · · THE WITNESS:· The Conservancy Drive
·6· ·address.
·7· · · · · · COMMISSIONER RALEIGH:· At the time you
·8· ·filed your qualification documents to run for the
·9· ·office, had you vacated the Cedar Springs house?
12· · · · · · COMMISSIONER RALEIGH:· If not, did you
13· ·still reside in the Cedar Springs house at the
14· ·time you filed your qualification documents?
17· · · · · · COMMISSIONER RALEIGH:· At the time that
18· ·you filed your qualification documents to run for
19· ·the office, did you tell any Republican Party
20· ·officials or representatives that you did not
21· ·currently reside in District 10 but that you
22· ·intended to move your residence to the Conservancy
23· ·Road house?
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·5· · · · · · COMMISSIONER RALEIGH:· If so, provide the
·6· ·substance of the communication.
·8· · · · · · COMMISSIONER RALEIGH:· What was the
·9· ·location of the polling places at which you voted
10· ·for the 2020 primary and general elections?
12· · · · · · COMMISSIONER RALEIGH:· What was the
13· ·residence address on your State of Alabama Voter
14· ·Registration Form for the 2020 primary and general
15· ·elections?
16· · · · · · THE WITNESS:· The Cedar Springs Place
17· ·address.
18· · · · · · COMMISSIONER RALEIGH:· Was the location of
19· ·your polling place for the 2020 primary and
20· ·general elections the same as the location of the
21· ·polling place where you voted in the 2022 primary
22· ·and general elections?
23· · · · · · THE WITNESS:· No.
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·1· · · · · · COMMISSIONER RALEIGH:· Did you change your
·2· ·residence address on your State of Alabama Voter
·3· ·Registration Form prior to filing your
·4· ·qualification documents to run for the office?
·7· ·did you change your residence address on your
·8· ·State of Alabama Voter Registration Form?
·9· · · · · · THE WITNESS:· I don't remember the precise
10· ·date I changed the form.· I believe it was between
11· ·November the 5th to November the 8th.
12· · · · · · COMMISSIONER RALEIGH:· Did your wife
13· ·change her residence address on her State of
14· ·Alabama Voter Registration Form prior to voting in
15· ·the 2022 primary and general elections?
16· · · · · · THE WITNESS:· So let me go back to 101(a).
17· ·I wasn't specific enough.· November 5 through
18· ·November 8, 2021.
19· · · · · · COMMISSIONER RALEIGH:· Okay.· I may have
20· ·started my next question before you finished
21· ·yours.· I apologize --
22· · · · · · THE WITNESS:· That's okay.
23· · · · · · COMMISSIONER RALEIGH:· -- Representative
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David Cole 100
·1· ·Cole.
·2· · · · · · Is there anything else you want to add to
·3· ·the --
·4· · · · · · THE WITNESS:· No, that's fine.
·5· · · · · · COMMISSIONER RALEIGH:· -- response of
·6· ·101(a)?· Okay.
·7· · · · · · All right.· 102, then:· Did your wife
·8· ·change her residence address on her State of
·9· ·Alabama Voter Registration Form prior to voting in
11· · · · · · THE WITNESS:· I believe she did.
13· ·did your wife change her residence address on her
14· ·State of Alabama Voter Registration Form?
16· · · · · · COMMISSIONER RALEIGH:· Did you say, "I
17· ·don't remember"?
19· · · · · · COMMISSIONER RALEIGH:· Okay.· Did you
20· ·and/or your wife vote at the same polling place in
22· · · · · · THE WITNESS:· I do not recall.
23· · · · · · COMMISSIONER RALEIGH:· If not, why did you
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David Cole 101
·1· ·and/or your wife vote at different voting places?
·4· ·wife maintain a checking account?
·6· · · · · · COMMISSIONER RALEIGH:· I think I misread
·7· ·that.
·8· · · · · · Do you and/or your wife maintain a
·9· ·checking account?
11· · · · · · COMMISSIONER RALEIGH:· If so, what address
12· ·is currently listed on your printed checks?
15· ·change your residence address on your checks
16· ·either prior to or during the period at issue to
17· ·reflect your intent to vacate the Cedar Springs
18· ·house and/or your change in address?
19· · · · · · THE WITNESS:· I do not know what address
20· ·is currently printed on the checks.
21· · · · · · COMMISSIONER RALEIGH:· What did you and/or
22· ·your wife list as your residence address on your
23· ·income tax return for the 2020 tax year?
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David Cole 102
·1· · · · · · THE WITNESS:· Cedar Springs Place.
·2· · · · · · COMMISSIONER RALEIGH:· What did you and/or
·3· ·your wife list as your residence address on your
·4· ·income tax return for the 2021 tax year?
·5· · · · · · THE WITNESS:· I believe it was Cedar
·6· ·Springs Place address.
·7· · · · · · COMMISSIONER RALEIGH:· At what address did
·8· ·you receive the Alabama Board of Medical Examiners
·9· ·and Medical Licensure Commission Medical Digest
13· ·family have any pets during the period at issue?
16· ·name, species, and breed, if known, of each such
17· ·pet.
18· · · · · · THE WITNESS:· Duke, Lupus, Bernedoodle.
19· ·Oliver and Silver, Cavesia (sic), unknown.
20· · · · · · COMMISSIONER RALEIGH:· Can you spell
21· ·"Cavesia"?
22· · · · · · THE WITNESS:· C-a-v- -- I'm sorry.· Cavia,
23· ·C-a-v-i-a.
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David Cole 103
·1· · · · · · COMMISSIONER RALEIGH:· Can you spell
·2· ·Bernedoodle?
·3· · · · · · THE WITNESS:· B-e-r-n-i-d-o-o-d-l-e (sic).
·4· · · · · · COMMISSIONER RALEIGH:· Thanks.· That just
·5· ·helps out the court reporter with the spellings.
·6· · · · · · THE WITNESS:· I'm all about helping.
·7· · · · · · COMMISSIONER RALEIGH:· Okay.
·8· · · · · · If so, state the addresses at which each
·9· ·such pet lived during the period at issue and the
10· ·length of time that each pet lived at each
11· ·address.
12· · · · · · THE WITNESS:· Oliver and Silver lived at
13· ·Cedar Springs.
14· · · · · · MR. AGRICOLA:· Cedar Springs.
15· · · · · · THE WITNESS:· Cedar Springs.· I'm sorry.
16· ·And Duke lived at Cedar Springs and Ashbury Woods.
17· · · · · · COMMISSIONER RALEIGH:· If so, did each
18· ·such pet ever live at the Conservancy Drive house
20· · · · · · THE WITNESS:· No.
21· · · · · · COMMISSIONER RALEIGH:· If so, did each
22· ·such pet ever live at the Cedar Springs house
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David Cole 104
·3· ·wife hold any parties, dinners, campaign
·4· ·fundraisers, or other social events at the
·6· ·issue?
·7· · · · · · THE WITNESS:· No.
·9· ·each such social event, including the date on
10· ·which it occurred.
13· ·each person who attended each such event.
15· · · · · · COMMISSIONER RALEIGH:· Did you hold any
16· ·parties, dinners, campaign fundraisers, or other
17· ·social events at the Cedar Springs house during
19· · · · · · THE WITNESS:· I believe so.
21· ·each such social event, including the date on
22· ·which it occurred.
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David Cole 105
·2· ·each such -- each person who attended each such
·3· ·event.
·6· ·wife decorate the Cedar Springs house for
·7· ·Christmas in 2021?
10· ·wife decorate the Cedar Springs house for
11· ·Christmas in 2022?
14· ·wife decorate the Conservancy Drive house for
16· · · · · · THE WITNESS:· No.
18· ·wife decorate the Conservancy Drive house for
20· · · · · · THE WITNESS:· No.
22· ·wife receive home delivery of The Huntsville Times
23· ·or other newspaper during the period at issue?
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David Cole 106
·1· · · · · · THE WITNESS:· No.
·2· · · · · · COMMISSIONER RALEIGH:· If so, at what
·3· ·address did you receive delivery of any such
·4· ·newspaper?
·6· · · · · · COMMISSIONER RALEIGH:· If so, did the
·7· ·address at which you received delivery of any such
·8· ·newspaper change during the period at issue?
10· · · · · · COMMISSIONER RALEIGH:· Where does your
11· ·wife currently reside?
12· · · · · · THE WITNESS:· Her driver's license states
13· ·the Ashbury Woods Drive address.
14· · · · · · COMMISSIONER RALEIGH:· How long has your
15· ·wife resided at that address?
16· · · · · · THE WITNESS:· We signed the lease in
17· ·September 2022 -- 1 September.
18· · · · · · COMMISSIONER RALEIGH:· If your wife does
19· ·not currently reside in the Cedar Springs house,
20· ·approximately when did she vacate or move out of
21· ·it?
22· · · · · · THE WITNESS:· I believe she changed her
23· ·driver's license and address in October of 2022.
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David Cole 107
·1· · · · · · COMMISSIONER RALEIGH:· Where do each of
·2· ·your children currently reside?
·3· · · · · · THE WITNESS:· Cedar Springs Place address.
·4· · · · · · COMMISSIONER RALEIGH:· How long have your
·5· ·children resided at that address?
·6· · · · · · THE WITNESS:· 2014.
·7· · · · · · COMMISSIONER RALEIGH:· If your children do
·8· ·not currently reside in the Cedar Springs house,
·9· ·approximately when did they vacate or move out of
10· ·it?
13· ·wife reside in different residences at any point
16· · · · · · COMMISSIONER RALEIGH:· If so, state each
17· ·address that your wife resided at during the
18· ·period at issue and the dates of her residence at
19· ·said locations.
20· · · · · · THE WITNESS:· The wife was Cedar Springs
21· ·address until she changed her driver's license to
22· ·the Ashbury Woods address.
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David Cole 108
·1· ·reason that you and/or your wife resided in
·2· ·different residences during the period at issue?
·3· · · · · · THE WITNESS:· My wife did not want to live
·4· ·at the Conservancy Drive house.
·5· · · · · · COMMISSIONER RALEIGH:· Did you and either
·6· ·of your children live in different residences at
·7· ·any point during the period at issue?
·9· · · · · · COMMISSIONER RALEIGH:· If so, state each
10· ·address that your children resided at during the
11· ·period at issue and the dates of her (sic)
12· ·residence at said locations.
13· · · · · · THE WITNESS:· Cedar Springs Place.
15· ·reason that you and your children resided in
16· ·different residences during the period at issue?
17· · · · · · THE WITNESS:· Children did not want to
18· ·live at the Conservancy Drive house.
19· · · · · · COMMISSIONER RALEIGH:· Did you intend,
20· ·before or during the period at issue, to sell the
21· ·Cedar Springs house?
23· · · · · · COMMISSIONER RALEIGH:· If so, state all
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David Cole 109
·1· ·steps taken by you to facilitate the sale of the
·2· ·Cedar Springs house, including any steps taken to
·3· ·the present day.
·4· · · · · · THE WITNESS:· We looked at other houses to
·5· ·purchase.
·6· · · · · · COMMISSIONER RALEIGH:· If so, identify all
·7· ·persons you contacted to facilitate the sale of
·8· ·the Cedar Springs house, including any Realtors
·9· ·and/or other advisors or consultants.
10· · · · · · THE WITNESS:· None.
11· · · · · · COMMISSIONER RALEIGH:· If so, describe all
12· ·inspections performed to facilitate the sale of
13· ·the Cedar Springs house during the period at
14· ·issue, including identifying the inspector.
16· · · · · · COMMISSIONER RALEIGH:· If so, describe all
17· ·repairs, improvements, maintenance, or renovations
18· ·performed to facilitate the sale of the Cedar
19· ·Springs house during the period at issue.
22· ·wife ever hire a Realtor to assist you in selling
23· ·the Cedar Springs house?
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David Cole 110
·1· · · · · · THE WITNESS:· No.
·3· ·wife ever put the Cedar Springs house on the
·4· ·market?
·5· · · · · · THE WITNESS:· No.
·6· · · · · · COMMISSIONER RALEIGH:· When did you first
·7· ·learn that the Cedar Springs house was no longer
·8· ·in Alabama House District 10?
·9· · · · · · THE WITNESS:· I believe it was after
10· ·Governor Ivey signed the legislations into law.
11· · · · · · COMMISSIONER RALEIGH:· How did you first
12· ·learn that the Cedar Springs house was no longer
13· ·in the Alabama House -- in Alabama House
14· ·District 10?
15· · · · · · THE WITNESS:· See my answer to the
16· ·interrogatory of question 121.
17· · · · · · COMMISSIONER RALEIGH:· How long after you
18· ·first learned that the Cedar Springs house was no
19· ·longer in District 10 did you enter into the
20· ·Sinopoli lease?
22· · · · · · COMMISSIONER RALEIGH:· Are you aware that
23· ·allegations were made during the period at issue
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DOCUMENT 137
David Cole 111
·1· ·that you did not satisfy the residency requirement
·2· ·to hold the office?
·3· · · · · · THE WITNESS:· I believe that Anson Knowles
·4· ·made that accusation.
·5· · · · · · COMMISSIONER RALEIGH:· If so, when did you
·6· ·first become aware of the allegations?
·7· · · · · · THE WITNESS:· I believe around
·8· ·February 2022.
·9· · · · · · COMMISSIONER RALEIGH:· If so, what actions
10· ·did you take in response to the allegations?
11· · · · · · THE WITNESS:· I sent the lease and voter
12· ·registration to the Republican Party Candidate
13· ·Qualification Committee.
14· · · · · · COMMISSIONER RALEIGH:· If so, what actions
15· ·did any other person acting on your behalf take in
16· ·response to the allegations?
18· · · · · · COMMISSIONER RALEIGH:· Did you sign the
19· ·Sinopoli lease after you became aware of the
20· ·allegations that you did not satisfy the residency
21· ·requirement to hold the office?
22· · · · · · THE WITNESS:· No.
23· · · · · · COMMISSIONER RALEIGH:· Has any person
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David Cole 112
·1· ·associated with the Alabama Republican Party or
·2· ·the Alabama Republican Executive Committee,
·3· ·including any officer of either entity,
·4· ·communicated with you about the allegations that
·5· ·you did not satisfy the residency requirement to
·6· ·hold the office?
·9· ·persons with which you communicated and the
10· ·approximate date of each such communication.
12· · · · · · COMMISSIONER RALEIGH:· If so, provide the
13· ·substance of the communication.
14· · · · · · THE WITNESS:· That Anson Knowles stated I
15· ·did not live in District 10.
16· · · · · · COMMISSIONER RALEIGH:· Did you sign the
17· ·Ashbury Woods apartment lease that is attached to
18· ·these questions as Exhibit B?
19· · · · · · THE WITNESS:· I did not sign the Ashbury
20· ·Woods apartment lease that is attached to these
21· ·questions as Exhibit B.
23· ·wife and/or your children -- excuse me.· I'm going
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DOCUMENT 137
David Cole 113
·1· ·to restart.· This is question 124(a) on page 38 of
·2· ·Exhibit 2.
·3· · · · · · Do you and/or your wife and/or your
·4· ·children currently reside in the leased apartment?
·6· · · · · · COMMISSIONER RALEIGH:· Have you ever
·7· ·resided in the leased apartment?
·9· · · · · · COMMISSIONER RALEIGH:· What is the monthly
10· ·rent on the leased apartment?
11· · · · · · THE WITNESS:· Approximately $1,400 a
12· ·month.
13· · · · · · COMMISSIONER RALEIGH:· Have you paid the
14· ·monthly rent on the leased apartment?
16· · · · · · COMMISSIONER RALEIGH:· Have you and/or
17· ·your wife moved any furniture into the leased
18· ·apartment?
20· · · · · · COMMISSIONER RALEIGH:· If so, identify the
21· ·furniture that you moved in.
22· · · · · · THE WITNESS:· Beds, treadmill, couch,
23· ·chairs, table.
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·1· · · · · · COMMISSIONER RALEIGH:· Have you purchased
·2· ·renters insurance to cover the contents of the
·3· ·leased apartment?
·5· · · · · · COMMISSIONER RALEIGH:· Has anyone resided
·6· ·in the leased apartment since it was leased by
·7· ·you?
·9· · · · · · COMMISSIONER RALEIGH:· The rules and
10· ·regulations in the Ashbury Woods lease prohibit
11· ·pets without prior written approval.
12· · · · · · Did you obtain written approval for your
13· ·pets to live with you in the leased apartment?
15· · · · · · COMMISSIONER RALEIGH:· Why did you lease
16· ·the apartment?
17· · · · · · THE WITNESS:· It's a nice complex.
18· · · · · · COMMISSIONER RALEIGH:· During the campaign
19· ·for the office, did you authorize David Driscoll
20· ·to answer media inquiries and speak on behalf of
21· ·you and/or your campaign regarding the allegations
22· ·that you did not satisfy the residency requirement
23· ·to hold the office?
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·1· · · · · · THE WITNESS:· David was my campaign
·2· ·manager and authorized to talk to the media on my
·3· ·behalf.
·4· · · · · · COMMISSIONER RALEIGH:· Did you authorize
·5· ·David Driscoll to provide copies of the Sinopoli
·6· ·lease and/or the Ashbury Woods lease to the media
·7· ·and/or the public in response to the allegations?
·8· · · · · · THE WITNESS:· Please refer to my response
·9· ·to the interrogatory of question 125.
10· · · · · · COMMISSIONER RALEIGH:· Did you or anyone
11· ·acting on your behalf backdate the Sinopoli lease
12· ·in order to make it appear that it was signed on a
13· ·date earlier than it was actually signed?
14· · · · · · THE WITNESS:· Not that I recall, no.
15· · · · · · COMMISSIONER RALEIGH:· That is the last of
16· ·the questions in Exhibit 2.· I will address the
17· ·counsel.
18· · · · · · Gentlemen, do you want me to move to
19· ·Exhibit 3 and then Exhibit 4?· It is five minutes
20· ·after 12:00.· Those two are shorter.· We could
21· ·take a break, or we could drive on.
22· · · · · · What is your preference?
23· · · · · · MR. AGRICOLA:· I'm fine continuing.
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·1· · · · · · MR. RAGSDALE:· I want to continue.· But,
·2· ·Rich, can we take about a five-minute break?
·3· · · · · · COMMISSIONER RALEIGH:· Yes.· Let's go off
·4· ·the record, and we will return in five minutes.
·5
·6· · · · · · (At which time, a break was taken.)
·7
·8· · · · · · COMMISSIONER RALEIGH:· We are back on the
·9· ·record.
10· · · · · · Representative Cole, you understand you're
11· ·still under oath?
12· · · · · · THE WITNESS:· I do.
13· · · · · · COMMISSIONER RALEIGH:· All right.· We are
14· ·going to go to the questions that are
15· ·Defendant/Contestee's Cross-Interrogatories to
16· ·David Cole, which is marked as Exhibit 3, and
17· ·beginning on page one with question one.
18· · · · · · Prior to November 1, 2021, where was your
19· ·domicile where you intended to reside permanently?
20· · · · · · THE WITNESS:· The Cedar Springs Place
21· ·address.
22· · · · · · COMMISSIONER RALEIGH:· Did you sign a
23· ·lease of certain premises located at
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David Cole 117
·1· ·120 Conservancy Drive, Madison, Alabama, on
·2· ·November the 5th, 2021, to be effective on
·3· ·November the 1st, 2021?
·5· · · · · · COMMISSIONER RALEIGH:· Were those premises
·6· ·owned by Himbert Sinopoli?
·8· · · · · · COMMISSIONER RALEIGH:· When you signed the
·9· ·lease for the premises at 120 Conservancy Drive,
10· ·Madison, Alabama, did you intend to abandon your
11· ·previous domicile located at 209 Cedar Springs
12· ·Place, Madison, Alabama?
14· · · · · · COMMISSIONER RALEIGH:· When you signed the
15· ·lease for the premises at 120 Conservancy Drive,
16· ·Madison, Alabama, did you intend for your new
17· ·domicile to be at that address?
19· · · · · · COMMISSIONER RALEIGH:· When you signed the
20· ·lease for the apartment on September 1, 2022,
21· ·located at 2 Ashbury Woods Drive, Unit 104,
22· ·Huntsville, Alabama, did you intend to abandon
23· ·your previous domicile located at 120 Conservancy
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·1· ·Drive, Madison, Alabama?
·3· · · · · · COMMISSIONER RALEIGH:· When you signed the
·4· ·lease for the apartment on September the 1st,
·5· ·2022, at 2 Ashbury Woods Drive, Unit 104,
·6· ·Huntsville, Alabama, did you intend for your new
·7· ·domicile to be at that address?
·9· · · · · · COMMISSIONER RALEIGH:· What is you current
10· ·domicile address?
11· · · · · · THE WITNESS:· Ashbury Woods Drive address.
12· · · · · · COMMISSIONER RALEIGH:· Are you currently
13· ·domiciled within the geographic boundaries of
14· ·Alabama House District 10?
16· · · · · · COMMISSIONER RALEIGH:· Were you
17· ·continuously domiciled within the geographic
18· ·boundaries of Alabama House District 10 for at
19· ·least one year prior to the general election held
20· ·on November the 8th, 2022?
22· · · · · · COMMISSIONER RALEIGH:· When did you take
23· ·the oath of office for Alabama House of
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·1· ·Representatives District 10?
·2· · · · · · THE WITNESS:· 9 November 2022.
·3· · · · · · COMMISSIONER RALEIGH:· Did you attend the
·4· ·2023 organizational session of the Alabama
·5· ·legislature on January 10, 2023?
·7· · · · · · COMMISSIONER RALEIGH:· Were you seated as
·8· ·a member of the Alabama House of Representatives
·9· ·from District 10 on January 10, 2023?
11· · · · · · COMMISSIONER RALEIGH:· Did you take the
12· ·oath of office for member, Alabama House of
13· ·Representatives from District 10, on January 10,
14· ·2023, during the 2023 organizational session of
15· ·the Alabama legislature?
17· · · · · · COMMISSIONER RALEIGH:· Did anyone
18· ·challenge your election as a member of the Alabama
19· ·House of Representatives from District 10 at the
20· ·2023 organizational session of the Alabama
21· ·legislature?
22· · · · · · THE WITNESS:· No.
23· · · · · · COMMISSIONER RALEIGH:· That is the last
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·1· ·question from Exhibit 3.
·2· · · · · · I'm now reading the questions from
·3· ·Exhibit 4, which are written rebuttal/redirect
·4· ·questions.
·5· · · · · · The definitions section contained an
·6· ·Exhibit 4 is the same as the definitions in
·7· ·Exhibit 2 for the definitions 1 through 14.· But
·8· ·the definitions 15 and 16 differ just a little
·9· ·bit, so I'm going to read the definitions in 15
10· ·and 16.
11· · · · · · "Exhibit A" means the document attached to
12· ·Plaintiff's notice of deposition upon written
13· ·questions, document 88, as Exhibit A (standard
14· ·residential lease agreement with Himbert J.
15· ·Sinopoli dated November 6, 2021).· Exhibit A is
16· ·also referred to as the "Sinopoli lease."
17· · · · · · 16, "Exhibit B" means the document
18· ·attached to Plaintiff's -- attached Plaintiff's
19· ·notice of deposition upon written questions,
20· ·document 88, as Exhibit B (apartment lease with
21· ·Ashbury Woods apartments dated September 1, 2022).
22· ·Exhibit B is also referred to as the "Ashbury
23· ·Woods lease."
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·1· · · · · · Written rebuttal/redirect questions,
·2· ·question number one on Exhibit 4 at page four:
·3· ·When you responded to your counsel's questions
·4· ·regarding your domicile, how do you define that
·5· ·word?
·6· · · · · · THE WITNESS:· "Domicile" is defined as a
·7· ·residence at a particular place accompanied by an
·8· ·intention to stay there permanently or for an
·9· ·indefinite length of time.
10· · · · · · COMMISSIONER RALEIGH:· When you responded
11· ·to your counsel's questions about your domicile,
12· ·were you relying on some dictionary, court case,
13· ·or other source for the definition of that word?
14· · · · · · THE WITNESS:· That is my understanding of
15· ·the meaning of the word "domicile."
16· · · · · · COMMISSIONER RALEIGH:· If so, what
17· ·dictionary, court case, or other source were you
18· ·relying on?
20· · · · · · COMMISSIONER RALEIGH:· Is your definition
21· ·of "domicile" as you understand it in your
22· ·counsel's questions different from the definition
23· ·of "residence" as used in the definitions
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·1· ·incorporated in Boyd's initial written questions
·2· ·as well as these rebuttal questions, which is
·3· ·"residence" and "reside," "resided," or "residing"
·4· ·means your home and the physical place or dwelling
·5· ·in which you principally live and sleep?· For
·6· ·purposes of this deposition, the term "residence"
·7· ·is synonymous with the term "domicile," which is
·8· ·defined as the place at which a person has been
·9· ·physically present and that the person regards as
10· ·his/her home and a person's true, fixed,
11· ·principal, and permanent home to which that person
12· ·intends to return and remain even if currently
13· ·residing elsewhere.
14· · · · · · THE WITNESS:· Please see my response to
15· ·interrogatory question number one.
16· · · · · · COMMISSIONER RALEIGH:· If so, how does
17· ·your definition of "domicile" differ from the
18· ·definition of "residence" incorporated in Boyd's
19· ·initial questions?
21· ·the -- to this -- I incorporate my answer to the
22· ·first question as my answer to this question.
23· · · · · · COMMISSIONER RALEIGH:· Do you understand
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·1· ·that for purposes of the election laws, the words
·2· ·"residence" and "domicile" mean the same thing?
·4· · · · · · COMMISSIONER RALEIGH:· Do you claim that
·5· ·you had more than one residence during the period
·6· ·at issue?
·8· · · · · · COMMISSIONER RALEIGH:· If so, provide the
·9· ·street address for each such residence and the
10· ·dates for which each address served as your
11· ·residence.
12· · · · · · THE WITNESS:· The 120 Conservancy Drive
13· ·from 1 November 2021 to 1 September 2022 and the
14· ·2 Ashbury Woods address from 1 September 2022 to
15· ·concluding period of issue.
16· · · · · · COMMISSIONER RALEIGH:· Do you claim that
17· ·you had more than one residence during the time
18· ·period of November 2019 through November 2022?
20· · · · · · COMMISSIONER RALEIGH:· If so, please -- if
21· ·so, provide the street address for each such
22· ·residence and the dates for which each address
23· ·served as your residence.
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·1· · · · · · THE WITNESS:· The Cedar Springs Place from
·2· ·November 2020 -- I'm sorry -- 2019 to 1 November
·3· ·2021 and 120 Conservancy Drive from 1 November '21
·4· ·to 1 September 2022 and 2 Ashbury Woods Drive from
·5· ·1 September '22 to concluding the period of issue.
·6· · · · · · COMMISSIONER RALEIGH:· Describe in detail
·7· ·each and every action of any kind that you took to
·8· ·relocate your residence from the Cedar Springs
·9· ·house to the Conservancy Drive house, including,
10· ·but not limited to, the date of each such action.
11· · · · · · THE WITNESS:· Signed a lease, changed
12· ·voter registration, bills, mail, and notified the
13· ·ALGOP during my candidacy filing.
14· · · · · · COMMISSIONER RALEIGH:· Do you dispute that
15· ·the only action you took to relocate your
16· ·residence from the Cedar Springs house to the
17· ·Conservancy Drive house was to sign a lease?
19· · · · · · COMMISSIONER RALEIGH:· If so, state any
20· ·facts that support your contention.
21· · · · · · THE WITNESS:· See my answer to the
22· ·interrogatory question seven.
23· · · · · · COMMISSIONER RALEIGH:· Describe in detail
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·1· ·each and every action of any kind that you took to
·2· ·relocate your residence to the apartment located
·3· ·at 2 Ashbury Woods Drive, Number 104, Huntsville,
·4· ·Alabama 35824, including, but not limited to, the
·5· ·date of each such action.
·6· · · · · · THE WITNESS:· I signed a lease, changed
·7· ·voter registration, paid bills, mail, changed my
·8· ·driver's license, moved in furniture and
·9· ·furnishings.
10· · · · · · COMMISSIONER RALEIGH:· Do you contend that
11· ·having an intention to reside at a location makes
12· ·that location your residence?
15· · · · · · COMMISSIONER RALEIGH:· If so, is it your
16· ·position that intending to reside at a location
17· ·makes that location your residence even if you
18· ·were not currently physically living at that
19· ·location?
23· ·position that intending to reside at a location
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·1· ·makes that location your residence even if you
·2· ·never physically live at that location?
·5· · · · · · COMMISSIONER RALEIGH:· If so, is it your
·6· ·position that intending to reside at a location
·7· ·makes that location your residence even if you are
·8· ·currently physically living at a different
·9· ·location?
13· ·position that the Conservancy Drive house became
14· ·your residence at the time you first formed the
15· ·intent to reside there?
16· · · · · · THE WITNESS:· No.
17· · · · · · COMMISSIONER RALEIGH:· If not, on what
18· ·date did the Conservancy Drive become your
19· ·residence?
20· · · · · · THE WITNESS:· Effective 1 November 2022.
21· · · · · · COMMISSIONER RALEIGH:· If so, were your
22· ·responses to any of your --
23· · · · · · MR. AGRICOLA:· '21.
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·1· · · · · · THE WITNESS:· I'm sorry.· '21.
·2· · · · · · COMMISSIONER RALEIGH:· Let me reask
·3· ·question --
·5· · · · · · COMMISSIONER RALEIGH:· -- 10(d)(i) on page
·6· ·five of Exhibit 4.
·7· · · · · · If not, on what date did the Conservancy
·8· ·Drive become your residence?
·9· · · · · · THE WITNESS:· Effective 1 November 2021.
11· ·responses to any of your Boyd's written questions
12· ·based on this position or on the definition of
13· ·"residence" provided in Boyd's written questions?
14· · · · · · THE WITNESS:· "Domicile" is defined as a
15· ·residence at a particular place accompanied by an
16· ·intention to stay there permanently or for an
17· ·indefinite length of time.
18· · · · · · COMMISSIONER RALEIGH:· If so, do any of
19· ·your previous responses need to be corrected to
20· ·truly and accurately answer the questions
21· ·propounded by your counsel using the definition of
22· ·"residence" incorporated in Boyd's written
23· ·questions?
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·1· · · · · · THE WITNESS:· No.
·3· ·each such response and provide a corrected
·4· ·response.
·6· · · · · · COMMISSIONER RALEIGH:· If so, were your
·7· ·responses to any of your counsel's questions based
·8· ·on this contention?
·9· · · · · · THE WITNESS:· I do not understand
10· ·questions based on contentions.
11· · · · · · COMMISSIONER RALEIGH:· If so, would any of
12· ·your responses to your counsel's questions be
13· ·different if they used the definition of
14· ·"residence" incorporated in Boyd's initial written
15· ·deposition questions?
16· · · · · · THE WITNESS:· No.
18· ·each such response and explain how it would be
19· ·different.
22· ·entering into a lease for a location where you
23· ·intend to reside immediately makes that location
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·1· ·your residence?
·2· · · · · · THE WITNESS:· No.
·4· ·position that obtaining a lease for a location
·5· ·where you intend to reside makes that location
·6· ·your residence even if you're not currently
·7· ·physically living at that location?
10· ·position that obtaining a lease for a location
11· ·where you intend to reside makes that location
12· ·your residence even if you never physically live
13· ·at that location?
17· ·where you intend to reside makes that location
18· ·your residence even if you are currently
19· ·physically living at a different location?
22· ·position that the Conservancy Drive house became
23· ·your residence at the time you leased it?
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·2· · · · · · MR. AGRICOLA:· Hold on one second.
·3· · · · · · THE WITNESS:· Which number are we on
·4· ·again?
·5· · · · · · COMMISSIONER RALEIGH:· Let me restate the
·6· ·question on page six that is 11(d).
·8· · · · · · COMMISSIONER RALEIGH:· I'll read the
·9· ·question again.
10· · · · · · If so --
11· · · · · · MR. AGRICOLA:· I think he answered that
12· ·one.
13· · · · · · COMMISSIONER RALEIGH:· Okay.· (D)(i).
14· · · · · · THE WITNESS:· Yeah.
15· · · · · · COMMISSIONER RALEIGH:· Sorry.· Exhibit 4,
16· ·page six, 11(d)(i).
17· · · · · · If not, when did the Conservancy Drive
18· ·house become your residence?
19· · · · · · THE WITNESS:· 1 November 2021.
21· ·responses to any of your Boyd's written questions
22· ·based on this position or on the definition of
23· ·"residence" provided in Boyd's written questions?
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·2· · · · · · COMMISSIONER RALEIGH:· If so, do any of
·3· ·your previous responses need to be corrected to
·4· ·truly and accurately answer the questions
·5· ·propounded by your counsel using the definition of
·6· ·"residence" incorporated in Boyd's written
·7· ·questions?
10· ·each such response and provide a corrected
11· ·response.
14· ·responses to any of your counsel's written
15· ·questions based on this position or on the
16· ·definition of "residence" provided in Boyd's
17· ·written questions?
20· ·your responses to your counsel's written questions
21· ·have changed if the definition incorporated in
22· ·Boyd's written questions had been used?
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·2· ·each such response and state what your response
·3· ·would have been if the definition incorporated in
·4· ·Boyd's written questions had been used.
·6· · · · · · COMMISSIONER RALEIGH:· Do you contend that
·7· ·having an intention to vacate your residence makes
·8· ·that location cease to be your residence?
·9· · · · · · THE WITNESS:· No.
11· ·position that intending to vacate your residence
12· ·makes that location cease to be your residence
13· ·even if you are currently physically residing at
14· ·that location?
17· ·position that intending to vacate your residence
18· ·makes that location cease to be your residence
19· ·even if you never physically move out of that
20· ·location?
23· ·position that the Cedar Springs house ceased to be
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·1· ·your residence at the time you first formed the
·2· ·intention to move to the Conservancy Drive house?
·4· · · · · · COMMISSIONER RALEIGH:· If not, when did
·5· ·the Cedar Springs house cease to be your
·6· ·residence?
·7· · · · · · THE WITNESS:· 1 November 2021.
·8· · · · · · COMMISSIONER RALEIGH:· If so, were your
·9· ·responses to any of Boyd's written questions based
10· ·on this position or on the definition of "vacate"
11· ·incorporated in Boyd's written questions?
13· · · · · · COMMISSIONER RALEIGH:· If so, do any of
14· ·your previous responses need to be corrected to
15· ·truly and accurately answer the questions
16· ·propounded by Boyd using the definition of
17· ·"vacate" provided therein?
20· ·each such question and provide an accurate
21· ·response.
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·1· ·responses to any of your counsel's written
·2· ·questions based on this position or on the
·3· ·definition of "vacate" incorporated in Boyd's
·4· ·written questions?
·6· · · · · · COMMISSIONER RALEIGH:· If so, would any of
·7· ·your responses to your counsel's written questions
·8· ·have changed if the definition incorporated in
·9· ·Boyd's written questions had been used?
12· ·each such response and provide a corrected
13· ·response.
16· ·entering into a lease for a location where you
17· ·intend to reside makes your then-residence cease
18· ·to be your residence?
19· · · · · · THE WITNESS:· No.
22· ·where you intend to reside makes your current
23· ·residence cease to be your residence even if you
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·1· ·are currently physically living at your current
·2· ·residence?
·5· ·position that obtaining a lease for a location
·6· ·where you intend to reside makes your current
·7· ·residence cease to be your residence even if you
·8· ·never physically vacate your current residence?
11· ·position that the Cedar Springs house ceased to be
12· ·your residence at the time you leased the
15· · · · · · COMMISSIONER RALEIGH:· If not, when did
16· ·the Cedar Springs house cease to be your
17· ·residence?
18· · · · · · THE WITNESS:· 1 November 2021.
20· ·responses to any of Boyd's written questions based
21· ·on this position or on the definition of "vacate"
22· ·incorporated in Boyd's written questions?
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·1· · · · · · COMMISSIONER RALEIGH:· If so, do any of
·2· ·your previous responses need to be corrected to
·3· ·truly and accurately answer the questions
·4· ·propounded by Boyd using the definition of
·5· ·"vacate" incorporated in Boyd's written questions?
·8· ·each such question and provide a corrected
·9· ·response.
12· ·responses to any of your attorney's written
13· ·questions based on this position or on the
14· ·definition of "vacate" incorporated in Boyd's
15· ·written questions?
18· ·your responses to your attorney's written
19· ·questions have been changed if the definition of
20· ·"vacate" incorporated in Boyd's written questions
21· ·had been used?
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·1· ·each such response and provide a corrected
·2· ·response.
·4· · · · · · COMMISSIONER RALEIGH:· To your knowledge
·5· ·did your Republican opponent Anton (sic) Knowles
·6· ·file a preprimary challenge with the Republican
·7· ·Party to your qualifications/eligibility based on
·8· ·your residency?
·9· · · · · · THE WITNESS:· I do not know an Anton
10· ·Knowles, but there was an Anson Knowles who
11· ·attempted unsuccessfully to challenge my
12· ·candidacy.· But he was not my primary opponent.
13· · · · · · COMMISSIONER RALEIGH:· Would you spell the
14· ·name of the person that you gave?
15· · · · · · THE WITNESS:· A-n-s-o-n --
16· · · · · · COMMISSIONER RALEIGH:· Thank you.
17· · · · · · THE WITNESS:· -- K-n-o-w-l-e-s.
18· · · · · · COMMISSIONER RALEIGH:· Okay.· We're on
19· ·Exhibit 4, page eight, question 14(a).
20· · · · · · If so, was any kind of hearing held on
21· ·Anton (sic) Knowles's preprimary challenge based
22· ·on your residency?
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·1· · · · · · COMMISSIONER RALEIGH:· Did you provide any
·2· ·testimony or any statement, written or oral, in
·3· ·regards to the preprimary challenge filed by
·4· ·Anton (sic) Knowles?
·5· · · · · · THE WITNESS:· No.
·6· · · · · · COMMISSIONER RALEIGH:· If so, what
·7· ·testimony or statement did you provide and to whom
·8· ·did you provide it?
10· · · · · · COMMISSIONER RALEIGH:· Did you provide any
11· ·evidence regarding your residency to anyone in
12· ·regards to the preprimary challenge filed by
13· ·Anton (sic) Knowles?
15· · · · · · COMMISSIONER RALEIGH:· If so, what
16· ·evidence did you provide and to whom did you
17· ·provide it?
18· · · · · · THE WITNESS:· Lease, voter registration
19· ·card to the ALGOP.
20· · · · · · COMMISSIONER RALEIGH:· To your knowledge,
21· ·did the Alabama Republican Party decline to hear
22· ·the preprimary challenge filed by Anton (sic)
23· ·Knowles?
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·1· · · · · · THE WITNESS:· I believe I later learned
·2· ·that Anson Knowles's challenge was not heard.
·3· · · · · · COMMISSIONER RALEIGH:· That was the last
·4· ·question on Exhibit 4.· I believe that I have read
·5· ·verbatim the questions that were submitted by both
·6· ·parties that were listed in Exhibit 2, Exhibit 3,
·7· ·and Exhibit 4.
·8· · · · · · Counsel, do you-all agree with that?
·9· · · · · · MR. AGRICOLA:· Yes.
10· · · · · · MR. RAGSDALE:· Yes.
11· · · · · · COMMISSIONER RALEIGH:· Okay.· There are no
12· ·further questions.
13· · · · · · The questions and answers from today will
14· ·be typed up by the court reporter into a
15· ·deposition transcript.· I direct the court
16· ·reporter to prepare the deposition transcript as
17· ·quickly as they can do so.
18· · · · · · When the testimony is fully transcribed,
19· ·the deposition will be submitted to deponent for
20· ·examination and shall be read to -- or by the
21· ·witness unless the examination and reading are
22· ·waived by the witness and the parties.
23· · · · · · Counsel for the defendant, does the
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·1· ·witness want to examine, read, and sign?
·2· · · · · · MR. AGRICOLA:· Yes.
·3· · · · · · COMMISSIONER RALEIGH:· If, upon reading,
·4· ·there are any changes in form or substance to the
·5· ·deponent's answers which the witness desires to
·6· ·make, then the witness shall list, giving the page
·7· ·and lines, all changes with a statement of the
·8· ·reasons given by the deponent for making them, and
·9· ·the witness shall sign the deposition and the
10· ·sheet of changes.
11· · · · · · These signed changes with the signed
12· ·deposition transcript shall be then sent back to
13· ·the court reporter, who shall attach such changes
14· ·with the statement of reasons given by the witness
15· ·for making them.
16· · · · · · The deposition shall then be signed by the
17· ·witness -- or the deposition shall be signed by
18· ·the witness unless the parties, by stipulation,
19· ·waive the signing.· Or if the witness is ill or
20· ·cannot be found or refuses to sign -- I understand
21· ·that you do not waive read and sign, so he shall
22· ·sign the deposition.
23· · · · · · If the deposition is not signed by the
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·1· ·witness within 30 days of submission of the
·2· ·deposition to the witness, however, the court
·3· ·reporter shall sign it and shall indicate in the
·4· ·record the fact of the failure or refusal to sign
·5· ·together with the reason.
·6· · · · · · I direct the court reporter to then send
·7· ·me the transcript of the deposition pursuant to
·8· ·Alabama Code 17-16-52, which is contest of senator
·9· ·or representative and legislator -- legislature
10· ·depositions.· Returned -- after receipt of the
11· ·deposition from the court reporter, I will
12· ·carefully envelope the deposition with my
13· ·commission attached, writing my name across the
14· ·sealing of the envelope and endorsing thereon the
15· ·name of the witness and the title and subject
16· ·matter of the contest.
17· · · · · · The subject matter of the contest as set
18· ·out in the complaint, document 2, is whether the
19· ·person whose election to office is contested was
20· ·not eligible thereto at the time of such election
21· ·because Cole was not a resident of House
22· ·District 10 for one year prior to the November 8,
23· ·2022, general election.
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·1· · · · · · This subject matter of the contest I will
·2· ·put on the outside of the envelope, and I will
·3· ·direct the envelope to the clerk issuing the
·4· ·commission, that is, the circuit clerk of the
·5· ·Circuit Court of Madison County, Alabama.· And I
·6· ·will, within five days of taking the deposition --
·7· ·taking possession of the deposition, file the same
·8· ·with the clerk or transmit the same by mail
·9· ·through the nearest post office.
10· · · · · · Do either counsel have any questions about
11· ·that?
12· · · · · · MR. RAGSDALE:· None.
13· · · · · · MR. AGRICOLA:· The language of the statute
14· ·does say that you must, within five days after
15· ·taking the deposition, file the same with the
16· ·clerk.
17· · · · · · COMMISSIONER RALEIGH:· It does.· I don't
18· ·know how I can file it if I don't have it back
19· ·from the witness and you've requested read and
20· ·sign.
21· · · · · · MR. AGRICOLA:· I understand that.
22· · · · · · COMMISSIONER RALEIGH:· Okay.· I saw that
23· ·in there as well.· My intention is to file the
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·1· ·deposition, as listed in 17-16-52, within five
·2· ·days of receiving it from the court reporter with
·3· ·the circuit clerk.· I don't know how I can file it
·4· ·before I get it.
·5· · · · · · MR. AGRICOLA:· You mean before we sign it?
·6· · · · · · COMMISSIONER RALEIGH:· No, no, no, no.· My
·7· ·intent is to do exactly what I said earlier.
·8· · · · · · MR. AGRICOLA:· Okay.
·9· · · · · · COMMISSIONER RALEIGH:· The court reporter
10· ·I direct to prepare this as quickly as possible,
11· ·to send it to Representative Cole.· He has the
12· ·right to do errata sheets, make corrections, sign,
13· ·and return it.
14· · · · · · If he doesn't sign and return it within
15· ·30 days of the court reporter providing it,
16· ·they're going to deem it -- have it, you know,
17· ·done, concluded.· She'll sign it and send it to
18· ·me.· If he reviews, signs, has errata, sends it
19· ·back to the court reporter, they'll provide it to
20· ·me, and within five days I'll file it with the
21· ·clerk.
22· · · · · · MR. AGRICOLA:· Okay.· Thank you.
23· · · · · · COMMISSIONER RALEIGH:· Do either of the
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DOCUMENT 137
David Cole 144
·1· ·counsel want to put any other comments or
·2· ·statements on the record before we conclude?
·3· · · · · · MR. AGRICOLA:· I don't.
·4· · · · · · COMMISSIONER RALEIGH:· Mr. Ragsdale?
·5· · · · · · MR. RAGSDALE:· No.· Thank you.
·6· · · · · · COMMISSIONER RALEIGH:· Thank you all.
·7· · · · · · Thank you, Representative Cole. I
·8· ·appreciate your patience here today.
·9· · · · · · This will conclude the deposition of
10· ·Representative Cole in this matter.
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12· · · · · · (At which time, the deposition concluded
13· · · · · · at approximately 12:37 p.m., Central.)
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DOCUMENT 137
David Cole 145
·1· · · · · · · · · · C E R T I F I C A T E
·2
·3· ·STATE OF ALABAMA
·4· ·AT LARGE
·5
· · · · · · · I hereby certify that the above and
·6· ·foregoing deposition of David Cole was taken down
· · ·by me in stenotype and the questions and answers
·7· ·thereto were transcribed by means of
· · ·computer-aided transcription; transcribed by me or
·8· ·overseen by me, and that the foregoing represents
· · ·a true and correct transcript of the testimony
·9· ·given by said witness upon said hearing.
10· · · · · · I further certify that I am neither of

· · ·counsel, nor of kin to the parties to the action,
11· ·nor am I in anywise interested in the result of
· · ·said cause.
12
· · · · · · · I further certify that I am duly licensed
13· ·by the Alabama Board of Court Reporting as a
· · ·Certified Court Reporter as evidenced by the ACCR
14· ·number following my name found below.
15· · · · · · So certified on this date, May 18, 2023.
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22· · · · · · · · · · · /s/ Jordan C. Groves, CCR

· · · · · · · · · · · · Jordan C. Groves, CCR
23· · · · · · · · · · · ACCR #642, Expires 9/30/2023
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David Cole Deposition

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David Cole Deposition

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DOCUMENT 137

May 17, 2023

·1· · · · · · · · · IN THE CIRCUIT COURT OF

·2· · · · · · · · · ·MADISON COUNTY, ALABAMA

·3· · · · · · · · · · ·CIVIL ACTION NUMBER

·6· ·ELIJAH BOYD,

·9· ·DAVID COLE,

13· · · · · · · · · DEPOSITION OF DAVID COLE

14· · · · · · · · · · · · · ·MAY 17, 2023

15· · · · · · · · · · · · ·10:06 A.M.

18· · · · · ·The deposition of David Cole was taken

19· ·before Jordan C. Groves, CCR, on May 17, 2023 by the

20· ·plaintiff, commencing at approximately 10:06 a.m.,

21· ·at the Alabama State House, 11 South Union Street,

22· ·Room 601, Montgomery, Alabama, pursuant to the

23· ·stipulations set forth herein.

·3· · · · · · · · · · · ·EXHIBIT INDEX

·4· ·EXHIBIT· · · · · · · · · · · · · · · · · · · PAGE

·5· ·1 -· · ·(Request for Commissioner)· · · · · ·5

·6· ·2 -· · ·(Notice of Taking Deposition Upon· · 6

·3· ·APPEARING AS COMMISSIONER:

·4· · · · · · Mr. Richard J.R. Raleigh, Jr.

·7· ·APPEARING ON BEHALF OF THE

13· · · · · · Mr. Algert S. Agricola, Jr.

·1· · · · · ·I, Jordan C. Groves, a Certified Court

·2· ·Reporter, certify that on this date, pursuant to

·3· ·the Alabama Rules of Civil Procedure and Rules of

·4· ·Civil Procedure there came before me at the

·5· ·Alabama State House, 11 South Union Street,

·6· ·Room 601, Montgomery, Alabama, commencing at

·7· ·approximately 10:06 a.m. on May 17, 2023 David Cole,

·8· ·witness in the above cause, for oral examination,

·9· ·whereupon the following proceedings were had:

10· · · · · · COMMISSIONER RALEIGH:· My name is Richard

11· ·Raleigh, and I have been appointed a commissioner

12· ·by the Circuit Court of Madison County, Alabama,

13· ·to conduct a deposition.· We are in the State

14· ·House in Montgomery with Representative David Cole

15· ·and his counsel, Al Agricola, and Barry Ragsdale

16· ·is on the phone with us.

17· · · · · · I have confirmed that neither I nor the

18· ·court reporter are related to the parties by blood

19· ·or marriage.· We're both adult residents of the

20· ·state of Alabama.· I'm licensed to practice law in

21· ·the state of Alabama.· As I mentioned, we're in

22· ·Montgomery, Alabama, at the State House, in

23· ·Room 601.

·1· · · · · · (Whereupon, Exhibit Number 1 was marked

·2· · · · · · for identification and copy of same is

·3· · · · · · attached hereto.)

·5· · · · · · COMMISSIONER RALEIGH:· I'm marking and

·6· ·attaching to this deposition Exhibit 1, which is

·7· ·my commission in this case.· It is also

·8· ·Document 65 in the Circuit Court of Madison County

·9· ·in the underlying lawsuit.

10· · · · · · This is the deposition of Representative

11· ·David Cole under and by virtue of commission

12· ·issued from the Circuit Court of Madison County,

13· ·Alabama, relating to the lawsuit Elijah Boyd vs.

14· ·David Cole, 47-CV-2022-901282, a cause pending in

15· ·the Circuit Court of Madison County.· And

16· ·Representative David Cole, the witness, has

17· ·appeared before me and is going to testify under

19· · · · · · This deposition is a deposition on