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Jul

9. 2012

3:45PM

No.1644

ROBERT E. FRANZ JR.


Office of Attorneys and Counselors
P.O. Box 62
Springfield, Oregon 97477
Phone: (541) 741-8220
FAX; (541) 741-8234
Internet: rfranz@franzlaw.comcastbiz.net

P. 1

Robert E. Franz Jr.*


Jerome P. Larkin
Elizabeth S. Moseley
"Admitted in Oregon,
Washington & Idaho
Theresa L. Franz
Kimberly A. Dahlgren
Legal Assistants

FAX TRANSMITTAL
To:

Mr. Frank Weiss

From:

Robert E. Franz, Jr. / Theresa

RE:

Hughes v. Foster , et al.

Date:

Monday, July 9, 2012

Number of Pages (including this cover sheet): 141


Attached are the following documents:
1. Motion for Unlimited Stalking Order;
2. Legal Memorandum in Opposition to Respondent's Motion for
Summary Judgment and in Support of Motion for Unlimited
Stalking Order by Petitioner Kasey Hughes.

CONFIDENTIALITY NOTICE

This facsimile transmission (and/or documents accompanying it) may contain


confidential information, which is protected by the attorney-client privilege. The
information is intended only for the use of the individual or entity named above. If
you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance on the contents of this
information is strictly prohibited. If you have received this transmission in error,
please immediately notify us by telephone to arrange for return of the documents.

Jul. 9. 2012

3:45 PM

No. 1644

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DES CHUTES

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In the matter of:


Kasey Hughes,

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Petitioner,

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and

Case No. 10ST0027MS


Motion for
Unlimited Stalking
Order by Petitioner
Kasey Hughes

Robert B. Foster,

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Respondent.
COMES NOW

Petitioner Kasey Hughes, by and through his attorneys, the

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Law Office of Robert E. Franz, Jr., and hereby moves the Court for an Order

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for the entry of an Unlimited Stalking Order against Respondent, Robert

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Foster, for the reasons that there are no disputes in the facts that Petitioner is

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entitled to such an order on the merits, and because the Respondent is not

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medically stationary, and has not been so for the past 15 (fifteen) months.

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THIS MOTION

is made in good faith, not for the purpose of delay, and in

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the opinion of counsel is well founded in law. Counsel relies upon the Points

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and Authorities set forth in Petitioner's Legal Memorandum in opposition to

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respondent's motion for summary judgment and in support of its motion for

Robert B. Franz Jr.


Post Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX; (54 1) 741-8234

Page 1 - Motion for Unlimited Stalking Order

Jul. 9. 2012

3:46PM

No.1644

P. 3

unlimited stalking order; the exhibits, affidavits, declarations attached to the

Legal Memorandum; and all of the petitions, amended petitions, and pleadings

in the trial court file.

DATED: Monday, July 9, 2012.


Respectfully subipitted,

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By:

Robert E. Franz, Jr. OSB #73091


Email: rfranz@franzlaw.comcastbiz.net
P.O. Box 62
Springfield, OR 97477
Telephone: (541) 741-8220
Facsimile: (541) 741-8234
Attorney for Petitioner

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Robert B. Franz Jr.
Post Office Box 62
Springfield, OR 97477
Phone: (541) 7418220
FAX! (541)741-8234

LAW OFFICE OF ROBERT E. FRANZ, JR.

Page 2 - Motion for Unlimited Stalking Order

Jul. 9. 2012

3:46PM

No.1644

P. 4

CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing MOTION FOR UNLIMITED
STALKING ORDER BY PETITIONER on Respondent VIA FACSIMILE, EMAIL,

AND by depositing a certified true copy thereof in the United States mail in
Springfield, Oregon, on Monday, July 9, 2012, enclosed in a sealed envelope, with
postage paid and addressed to:
Mr. Foster A. Glass
Attorney at Law
339 S.W. Century Drive, Suite 201
Bend, OR 97702
Of Attorneys for Respondent
Mr. Frank Weiss
Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204
Of Attorneys for Respondents
Dated: Monday, July 9, 2012.
/s/ Robert E Franz, Jr.
LAW OFFICE OF ROBERT E. FRANZ, JR.

Robert E. Franz, Jr.


OSB #73091
P.O. Box 62
Springfield, Oregon 97477
E-Mail: rfranz@franzlaw.comcastbiz.net
Telephone: (541) 741-8220
Facsimile: (541) 741-8234
Attorney for Petitioner
I heJ7Ii4fy that this
document is a true and
correct copy of the original.

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3:46PM

No. 1644

P. 5

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IN THE CIRCUIT COURT OF THE STATE OF OREGON


FOR THE COUNTY OF DES CHUTES

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In the matter of;


Kasey Hughes,

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Petitioner,

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and

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Robert B. Foster,

Case No. 10ST0027MS


Legal Memorandum
in Opposition to
Respondent's Motion for
Summary Judgment and
in Support Motion for
Unlimited Stalking Order
by Petitioner Joseph Patnode

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Respondent.
COMES NOW Petitioner Kasey Hughes, by and through his attorneys, the

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Law Office of Robert E. Franz, Jr., and herewith submits his Legal

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Memorandum in Opposition to Respondent's motion for summary judgment

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and in support of his request for an unlimited Stalking Order against

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Respondent Robert Foster. For the purpose of all motions pending before this

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Court, Petitioner hereby incorporates all of the petitions, amended petitions,

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and pleadings in this matter, together with the following attached exhibits.

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Robert B. F anz Jr.
Post Office Box 62
Springfield, OR 97477

Phone: (541) 741-8220


FAX: (541) 741-8234

Page 1 - Legal Memorandum in Opposition to Respondent's


Motion for Summary Judgment by Petitioner

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Petitioner is Entitled to an Unlimited Stalking Order on the Merits and


Because Respondent is not Medically Cleared to Testify in These
Proceedings.
A. The issues raised b the Respondent have already been decided
against him .

In his motion for summary judgment, the Respondent does not produce

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1. Plaintiff's Motion is Barred by the Previous Orders of this Court, and

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No. 1644

any facts or admissible evidence that contests any of the facts set forth in the
Petitioner's Original and Amended Petition for a Stalking Order; nor does he
offer any facts or other admissible evidence showing he did not stalk the
Petitioner; rather, he merely argues that the Stalking Order should not have
been issued against him in the first place. Respondent's motion is too little, too
late, because the issues have already been decided against him.
ORS 30.866 (1) Provides as follows:

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(1) A person may bring a civil action in a circuit court for a court's
stalking protective order or for damages, or both, against a person if:

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(a) The person intentionally, knowingly or recklessly engages in


repeated and unwanted contact with the other person or a member of that
person's immediate family or household thereby alarming or coercing the
other person;

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(b) It is objectively reasonable for a person in the victim's situation to


have been alarmed or coerced by the contact; and

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(c) The repeated and unwanted contact causes the victim reasonable
apprehension regarding the personal safety of the victim or a member of
the victim's immediate family or household,

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Because Robert Foster violated ORS 30.866 (1) (a), on March 5, 2010, the

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Petitioner brought this civil action against Mr. Foster for a stalking protective

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order.

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Robes E. Franz Jr.
Pose Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX! (541)741-8234

Page 2 - Legal Memorandum in Opposition to Respondent's


Motion for Summary Judgment by Petitioner

Jul. 9. 2012

3:47PM

No.1644

P. 7

On March 5, 2010, Judge Edward Perkins found there was probable


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cause to issue a Temporary Stalking Protective Order against the Respondent


based upon the Petitioner's Original Petition for a Stalking Order, and based

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upon the following findings of facts found by Judge Perkins:


1. Respondent has engaged intentionally, knowingly, or recklessly in
repeated and unwanted contact with the Petitioner or a member of the
Petitioner's immediate family or household, and it was reasonable for
Petitioner to be alarmed or coerced by this contact.
2. Respondent knew or should have known that the repeated contact was
unwanted.
3. It is objectively reasonable for a person in Petitioner's situation to
have been alarmed or coerced by Respondent's contact.
4. Respondent's repeated and unwanted contact caused the Petitioner
reasonable apprehension regarding the Petitioner's own personal safety
or the safety of a member of his/her immediate family or household.
The Temporary Stalking Protective Order was then served upon the
Respondent. The temporary order required the respondent to personally appear
before the court to show cause why the temporary order should not be
continued for an indefinite period.
ORS 30.866 (3)(a) provides as follows:
"At the hearing, whether or not the respondent appears, the court may
continue the hearing for up to 30 days or may proceed to enter a court's
stalking protective order and take other action as provided in ORS
163.738."

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On March 19, 2010, a hearing was held at which time the Respondent and his

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first attorney appeared before Judge Michael Adler, After the hearing, Judge

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Adler signed a Stalking Protective Order based upon the following:

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"The Court hereby finds by a preponderance of the evidence that


Respondent intentionally, knowingly or recklessly engaged in repeated
and unwanted contact with petitioner or a member of Petitioner's
Page 3 - Legal Memorandum in Opposition to Respondent's
Motion for Summary Judgment by Petitioner

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Robert B. Franz It
Post Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX: (541)741-8234

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immediate family or household and thereby alarmed or coerced


petitioner. The Court further finds that it is objectively reasonable for a
person in Petitioner's situation to have been alarmed or coerced by the
contact and that the repeated and unwanted contacted caused Petitioner
reasonable apprehension regarding the personal safety of Petitioner or a
member of Petitioner's immediate family or household; .... Exhibit A
at 1.

The time for the Respondent to have contested and showed cause why a

Stalking Protective Order should not have been issued was on March 19, 2010,

more then two years ago, If Respondent felt that the conduct of the stalking

was based upon protected speech, he had the opportunity to raise that issue in

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writing before or at the hearing. He did not do so. Thus, as of March 19, 2010,

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a stalking order based upon a preponderance of the evidence has been issued by

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the Court. This finding is binding upon the Respondent, and no appeal has

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ever been taken from this order.

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The Respondent also ignores the fact that this Court also allowed an

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Amended Petition, to which the Respondent once again tried to argue that the

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conduct was protected speech. The Court ruled against that contention, and

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granted the filing of an Amended Petition.

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Furthermore, on the facts before this Court at this time, as contained in

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the attached exhibits filed with this memorandum and the facts set forth in the

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Petitioner's original and Amended Petition for a Stalking Order, the Court

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should now issue an unlimited stalking order, especially in light of the fact that

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Respondent has not been medically stable to testify for over one year, as

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explained below.

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B. Respondent Not Medically Able to Testify .

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At this time, Petitioner also requests the Court to enter an unlimited

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stalking order because the Respondent is not medically able to testify. As the

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trial court file shows, the trial was set to commence on July 27, 2011. On July

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Robert E. Franz Jr.
Post Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX: (541)741-8234

Page 4 - Legal Memorandum in Opposition to Respondent's


Motion for Summary Judgment by Petitioner

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21, 2011, the Respondent filed a motion to postpone the trial in this matter for
various reasons. The motion was denied by Judge Michael Sullivan on July 26,
2011. Thereafter, on July 26, 2011, the Respondent filed an amended motion
to postpone the trial because the Respondent "has a diagnosed medical
condition that prevents him from being able to participate in a trial;' The
motion to postpone was then granted on that basis.
The trial was reset for April 24, 2012. On March 28, 2012, the
Respondent filed a motion to postpone the trial because of the unavailability of
witnesses. At the hearing on the motion to postpone, after the motion was
denied by Judge Sullivan, the Respondent was ordered by Judge Sullivan to
appear for his deposition prior to trial. Then, again, on April 19, 2012,
Respondent filed a second motion to postpone the trial of April 24, 2012,
because of the medical condition of the Respondent. The Respondent has

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refused to submit to the court-ordered deposition because of his medical

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condition. The medical condition was based upon the following note from Dr.

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Wade Parker, M.D.:

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"Mr. Robert Foster has been a patient of mine since April 2011. He
suffers with depression, anxiety, and post-traumatic stress disorder.
Currently his symptoms are not well controlled with my treatment and in
my opinion he is not mentally stable to participate in his upcoming legal
deposition or other court related matters under oath. I have
recommended we obtain psychiatric clearance prior to these depositions
and court appearance. Appropriate referrals have been made. Once
cleared by psychiatry he can then under go the requested depositions and
court appearance, If there are any questions please le me know."
To date, Mr. Foster has not been cleared by psychiatry. The trial has been
postponed twice because of the Respondent's medical condition, which now
has lasted 15 months, The Petitioner should not be required to wait any longer
for an unlimited stalking order.

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Robert B. Franz Jr.
Post Office Box 62
Springfield, OR 97417
Phone: (541) 741-8220
FAX: (541) 741-8234

Page 5 -- Legal Memorandum in Opposition to Respondent's


Motion for Summary Judgment by Petitioner

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II. None of the Stalking Incidents in this Case Involve Protective Speech.
The Respondent contends that the initial stalking order issued in this case

should never have been issued because the conduct that supported the stalking

order was based upon protective speech. This contention has already been

ruled upon at the time of the granting of the amended petition, and fails for two

reasons. First, the conduct complained of did not involve protective speech.

See exhibits, original Petition, and Amended Petition.

Second, the Respondent failed to contest or challenge the issuance of the

initial stalking order on the basis now claimed, and it is too late to do so. Thus,

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his claims fail as a matter of law. State v. Ryan, 350 Or. 670,261 P.3d 1189

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(Or. 2011).

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Further, one must remember that this case also involves two contempt

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claims based upon the Respondent's clear violation of the stalking order that

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was issued. These claims can be litigated, and the Respondent is liable to

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Petitioner for money damages, even if the order was erroneous or exceeded the

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court's authority.

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As stated in State v. Ryan, 350 Or. 670,261 P.3d 1189 (Or. 2011):

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"The state responds that defendant is making an impermissible collateral


attack on the underlying stalking protective order. This court has
previously explained that a party may be punished by contempt for
disobeying a court order, even if the order was erroneous or exceeded the
court's authority:

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Roberl B. Franz Jr.
Posi Office Box 62
Springfield. OR 97477

Phony (541) 741-8220


PAX: (541)741-8234

`If a court has jurisdiction over the parties and the subject matter, and its
order or decree is not complied with, that court may hold the
noncomplying party in contempt even if it later appears that the original
order or decree was either erroneous or in excess of the court's authority.
The integrity of the judicial process demands compliance with court
orders until such time as they are altered by orderly appellate review.
Litigants are not entitled to sit in judgment on their own cases, and they
must follow the appropriate channels for review of decisions they
Page 6 - Legal Memorandum in Opposition to Respondent's
Motion for Summary Judgment by Petitioner

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P. 11

believe to be invalid. Unless and until an invalid order is set aside, it


must be obeyed. . .

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Prior to the March 19, 2010 hearing, or at the hearing, the Respondent had the
opportunity to file any motions and present any evidence to the Court as to why
a stalking order should not have been issued because of the issues the
Respondent is now raising. The Respondent elected not to do so. Thus,
Petitioner is entitled to recover damages for the Respondent's violation of the
stalking order,
DATED:

Monday, July 9, 2012.


Respectfully submi ed,

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BY:
LAW OFFICE OF ROBERT E. FRANZ, JR.

OSB #73091
Robert E. Franz, Jr.
Email: rfranz@franzlaw.comcastbiz.net
P.O. Box 62
Springfield, OR 97477
Telephone: (541) 741-8220
Facsimile: (541) 741-8234
Attorney for Petitioner

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Robert B. Franz Jr.
Post Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX: (541) 741-8234

Page 7 - Legal Memorandum in Opposition to Respondent's


Motion for Summary Judgment by Petitioner

Jul. 9. 2012

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No.1644

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DESCHUTES

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In the matter of:


Kasey Hughes,

Case No. IOSTOO27MS

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Petitioner,

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and

Robert B. Foster,

AFFIDAVIT of
Robert E. Franz, Jr.
in Support of Petitioner's
Response to Respondent's
Motion for Summary Judgment

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Res p ondent.

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State of Oregon

53.
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County of Lane

I, Robert E. Franz, Jr., being first duly sworn, do depose and say as
follows:

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1. I am over the age of 18, and I make this affidavit based on personal
knowledge of the facts contained herein.
2. I am the attorney representing Petitioner Joseph Patnode the aboveentitled matter.

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Robert B. Fmuz Jr.
Post Of&c 19os 62
Spdngneld, OR 97477
Phone& (541) 741-8220
PAX; (541)741-8234

Page I - Affidavit of Robert B. Franz, Jr,

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3. The attached Exhibits A-F are true and correct copies of the originals.

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No. 1644

Exhibit A Stalking Protective Order Signed by Judge A. Michael Adler


on March 19, 2010.

Exhibit B Deposition transcript of Hugh Palcia taken September 23, 2010,

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Exhibit C Perpetuation deposition transcript of John McKenzie taken


February 16, 2012.
Exhibit D Deposition transcript of Michael Allen Kennedy taken
June 15, 2010.
Exhibit B Deposition transcript of Kasey Hughes taken May 21, 2010.

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May 21, 2010.

Exhibit F Deposition transcript of Joseph Patnode


ttak
keen
Y
Robert E. Franz, Jr.

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SUBSCRIBED and SWORN to before me this .. K

'I __ day of July,

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/

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OFFICIAL8FAL

1TRESA L FRANZ
UO-RRQON

'ONND836799
R[S MARCH 7, 2013

Notary P bl is for Oregon


My Commission Expires:

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201
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Robert B. Franz Jr.
Post O(flco Hnx 62
Springfield, OR 97477
Phone: (541) 741-82211
PAX; (541)741.5234

Page 2 - Affidavit of Robert E. Franz, Jr,

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DESCHUTES

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KASEY HUGHES,
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Petitioner,

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V.

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ROBERT B FOSTER,

Case No. 10ST0027MS


STALKING PROTECTIVE ORDER

Respondent,
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NOTICE TO RESPONDENT: Violation of this Stalking Protective Order may result In your arrest and criminal or
civil penalties, This order Is enforceable In every state. Review this Order Carefully. Each provision must be
obeyed.

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A hearing was held on March 19, 2010. Petitioner appeared with attorney Hanna Mlesner, Respondent

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appeared with attorney Frank Wesson. The Court hereby finds by a preponderance of the evidence that

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Respondent intentionally, knowinglyor recklessly engaged in repeated and unwanted contact with petitioner or

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a member of Petitioner's Immediate family or household and thereby alarmed or coerced petitioner. The Court

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further finds that It Is objectively reasonable for a person in Petitioner's sltuatlon to have been alarmed or

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coerced by the contact and that the repeated and unwanted contacted caused Petitioner reasonable

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apprehension regarding the personal safety of Petitioner or a member of Petitioners immediate family or

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household; therefore

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IT IS HEREBY ORDERED that Respondent Is restrained (prohibited) from Intentionally, knowingly or


recklessly having contact, as directed below, with:

Petitioner

Other:

50 2STALKING PROTECTIVE ORDER Page 1 of 2

Exhibit A Page 1
Petitioner's Response

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No. 1644

CONTACT MEANS;

All conditions listed below.

Coming within 1000 It into the visual or physical presence of the protected person.

Following the protected person.

Waiting outside the home, property, place of work or school of the protected person or a member of that

person's family or household.

[] sending or making written communications In any form to the protected person.

[] Communicating with the protected person through a third person.

speaking with the protected person by any means.

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Committing a crime against the protected person.

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Communicating with a third person who has some relationship to the protected person with the Intent of

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affecting the third person's relationship with the protected person.

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Communicating with business entities with the Intent of affecting some right or Interest of the protected
person,

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Damaging the home, property, place of work or school of the protected person.

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Delivering directly or through a third person any object to the home, property, place of work or school of

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the protected person.

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IT 15 FURTHER ORDERED

II

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Respondent shall undergo a mental health evaluation by [Mental Eval Deadline] and undergo treatment
as Indicated by the evaluation.

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The court finds that Respondent Is without funds to obtain a mental health evaluation or treatment and
Is referred to Deschutes County Mental Health.

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//I

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III
50 2 STALKING PROTECTIVE ORDER Page 2 of 2

Exhibit A Page 2
Petitioner's Response

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THE COURT FURTHER FINDS

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Respondent represents a credible threat to the physical safety of the protected person and the protected
person Is or was

the spouse of respondent

the parent of a Joint child with respondent

cohabltating with respondent

a child or respondent or an Intimate partner of respondent

Findings In this section certify compliance with the Federal Violence Against Women Act, sections
922(d) and (g), prohibiting respondent from possession, receiving, shipping, or transporting any
firearm or firearm ammunition.

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(] This Order Is of unlimited duration.

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This Order is effective until June 15, 2010 @ 9:45 am.

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CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT; This Stalking Protective Order meets

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the full faith and Credit requirements of 18 U.S.C. sec. 226S (1994). This Court has jurisdiction over the parties

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and the subject matter. The Respondent was afforded notice and timely opportunity to be heard as provided by

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the law of this Jurisdiction. This Stalking Protective Order Is valid and entitled to enforcement In all Jurisdictions.

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DATED this

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day of March,

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IS A. MICHAKL,AOLE33

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Circuit judge A. Michael Adler

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Respondent was served with a copy of this order in the courtroom

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SO 2 STALKING PROTECTIVE ORDER Page 3 of 3

Exhibit A Page 3
Petitioner's Response

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No. 1644

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IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DESCHUTES

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In the Matter of;


JOSEPH PATINODE,

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Plaintiff,
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vs.
ROBERT B. FOSTER,
Defendant.
Case No. 103T0028-MS

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DEPOSITION OF HUGH PALCIC,

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taken on behalf of Petitioner, pursuant to notice, at the

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offices of Karnopp Petersen LLP, 1201 NW Wall Street,

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Suite 200, Bend, Oregon, before Pamela M. Sylvester,

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Shorthand Reporter for Perfect Word Reporting & Video and

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Notary Public for the State of Oregon.

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PERFECT WORD REPORTING & VIDEO (541) 308-2896

Exhibit B Page 1
Petitioner's Response

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APPEARANCES

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For Petitioner;
OFFICES OF ROBERT FRANZ JR.
By: Hannah Meisen--Vehrs
P.O. Box 62
Springfield, Oregon 97477

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For Respondent Robert Foster:


WESSON & DUNCAN
By: David W. Duncan
12725 SW 66th Avenue
Suite 101
Portland, Oregon 97223

B
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For Sunriver Owners Association:


KARNOPP PETERSEN LLP
By: Kurt Barker
1201 NW Wall Street
Suite 200
Bend, Oregon 97701

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Also Present:

Robert Foster
Joseph Patinode

Reported By;

Pamela M. Sylvester
shorthand Reporter

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PERFECT WORD REPORTING & VIDEO (541) 388-2896

Exhibit B Page 2
Petitioner's Response

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3:49PM

P. 19

No.1644

4
INDEX

2
PAGE

3 EXAMINATION BY:
4

Ms. Meisen-Vehrs

Mr. Duncan

6
7
8

EXHIBITS:
14

Letter dated 4/2/08

9
10
11
12

13
14
15
16
17
18
19
20
21
22
23
24

25
PERFECT WORD REPORTING & VIDEO (541) 388-2896

Exhibit B Page 3
Petitioner's Response

J uH 9. 2012

3:50PM

No. 1644

P. 20

HUGH PALCIC

5
1

THURSDAY, SEPTEMBER 23, 2010, 1:30 P.M., BEND, OREGON

2
3

HUGH PALCIC,

called as a witness herein on behalf of

Plaintiff, having been duly sworn upon

oath by Pamela M, Sylvester, Notary Public,

was examined and testified as follows:

F,XAMINATION

10

BY MS. MEISNN-VEHRS:
Q.

Mr. Palcic, can you say your name for the

13

A.

The full name? Hugh Palcic.

14

Q.

And what is your occupation?

15

A.

I work for the Sunriver Owners Association.

16

Q.

And what is your title?

17

A.

Currently, assistant general manager,

18

Q.

What are some of your duties as assistant

11
12

record.

19 general manager?
20

A.

As assigned I guess would probably be best.

21 I manage the community development department. I also


22 oversee the environmental department, and I oversee the
23 recreational department; however, there is directors for
24

both of those who handle the day-to-day use of both of

25

those departments.
PERFECT WORD REPORTING & VIDEO (541) 388-2896

Exhibit B Page 4
Petitioner's Response

II

3:UUPIVI

No.1644

P. 21

HUGH PALCIC
6
1

Q.

Do you know the respondent Bob Foster?

A,

Yes.

Q.

Do you recall having a conversation with

Bob Foster the week before April 2nd,

2008?

A.

Yes.

Q.

Did you write a summary of your

recollection of that conversation?

A.

Yes.

Q.

Do you have an independent recollection of

10

what was said during that conversation without referring

11

to your summary?

12

A.

It's extremely vague. I have basics, but

13

the written summary, which I have read before, is the

14

recollection that I have.

15
16
17

(Exhibit 14 identified.)
Q.

Okay. I'm going to show you what's been

marked as Exhibit 14.

18

Is this the summary that you wrote?

19

MR. DUNCAN: Can I see copy of that?

20

MS. MEISEN-VEHRS: Yes.

21

THE WITNESS: Yes,

22

BY MS. MEISEN-VEHRS;

23

Q.

When did you write that?

24

A,

You know, I don't recall Shortly after

25

the request.
PERFECT WORD REPORTING & VIDEO (541) 388-2896

Exhibit B Page 5
Petitioner's Response

JuH

9. 2U12

3:5UPM

No.1644

P. 22

HUGH PALCIC
7

Q.

date at the top?

A.

I don't recall the exact date,

Q.

Was it around that date?

A.

It's around that date, yes.

Q.

Is that your signature at the bottom?

A.

Yes.

Q.

Hugh, can you read the statement into the

A,

Okay. It's dated 4/2/08. Last week, I

9
10

Was it shortly after April 2nd, 2008, the

record?

11

received a phone call from Bob Foster, Bob called to

12

inquire as to why, quota, authorized vehicle only,

13

unquote, signs were installed at the SROA Administrative

14

Building. He also wanted to know who authorized the

15

installation. I told him that to the best of my

16

knowledge, that our General Manger, Bill Peck approved

17

the installation. With regard to the question of why, I

18

told him that I could only speculate on an answer and

19

that he would need to pose that question to Bill Peck

20

when he returns from vacation,

21

asked Bob why the installation of signage

22

at SROA would be of concern to him and he explained that

23

he regularly drives through the parking SROA lot

29

(sometimes twice a day) and believes that the signage may

25

have been installed in response to his actions. I asked


PERFECT WORD REPORTING & VIDEO (591) 388-2896

Exhibit B Page 6
Petitioner's Response

JUH

9. 2012

3:50PM

P. 23

No. 1644

HUGH PALCIC
8
1

him why he would drive through the parking lot of SROA,

He responded by drawing a parallel to a historical

reference of two confederate officers during the Civil

War that would ride around the union army in an attempt

to demoralize or confuse their opponent. In short to

show them that they could.


On Tuesday, 4/1/08, the Sunriver Chief of

7
8

Police visited my office to discuss the phone

conversation and asked me to write down my recollection

10

of that exchange. This is, to the best of my

11

recollection, what transpired relative to this matter.

12

Respectfully, Hugh Palcic. At the time, Director. of

13

Community Development, SROA.

14
15
16

Q.

Is this an accurate summary of your

recollection of that phone call as your memory is today?


A.

17

Yeah,
MS. MEI$EN-VEHRS: That's all I have,

18
19
20

EXAMINATION
BY MR. DUNCAN:
Q.

Mr. Falcic, looking again at Exhibit 19 --

21

excuse me, for the record, my name is David Duncan. I'm

22

the attorney for the respondent Bob Foster.

23

A.

Uk-huh.

24

Q.

And you testified that you know Mr. Foster,

25

Looking again at Exhibit 14, you said you don't remember


PERFECT WORD REPORTING & VIDEO (541) 388-2896

Exhibit B Page 7
Petitioner's Response

u I. 9. 2012

1(

3: 50PM

No. 1644

P. 24

.
4/2108

last week, I received a phone call flout Bob Foster . Bob called to inquire as to why
"authorized vehicle only" signs were installed at the SROA Administrative building. 110
also wanted to know who authorized the installation . I told him that to the best of my
knowledge, that our G eneral Manager , Bill Peck approved the installation . With regard to
the question of why, I told him that I could only speculate on an answer and that lie
would need to pose that question to Bill Peck when he returns from vacation.
I asked Bob why the installation of signage at SROA would be of a concern to Will and
he explained that he regularly drives through the parking SROA lot (sometimes twice a
day) and believes that the signage may have been installed in response to his notions. I
asked him why he would drive through the parking lot of SROA . He responded by
drawing a parallel to a historical reference of two confederate officers during the Civil
War that would ride around the union army In an attempt to demoralize or confuse their
opponent. In short to show them That they could,
On Tuesday (4/1/08), the SR Chief of Police visited my office to discuss this phone
conversation and asked me to write down my recollection of that exchange . This is, to
best of my recollection , what transpired relative to this matter,
Respectfully ,,

'

J~

Director of Community Development, SROA

Exhibit

14

Exhibit B Page 8
Petitioner s Response
'

u . 9. 2U12

3:5UPM

No. 1644

P. 25

Hughes, et al, vs.


Foster

John McKenzie
February 16, 2011
Perpetuation

REPORTING

N DeocoNNNRENCINO

172 Et 8th Avenue


r;ugene, OR 97401

Original File MCK1iNZIWOHNPRRP.TXP

iW/n

I/.,tiri7lrgIt) iwi1G

Ward tads

Exhibit 26
Page I

Exhibit C Page 1
Petitioner's Response

uI. 9. 2012

3:51 PM

McKenzie

Perpelnmlon

Hughes, el at, vs.

y 16,1011

rosier

Page 3

Page 1
1
2
3

7p091

HH THE CIRCUIT COURT OF THP STATE OF OREGON


IR RHO FOR THE COHIITY OF OBSCHU*ES

HIT HESE .........................................PACE

JOSH NP%ENTIE

5 In khO HOtter oft


HASAY HUGHES,
Peeleloner,
6
7 ROBERT dB, FOSTER,
S

P. 26

No. 1644

BY HS. HSTSBH-Vpmm

d
21

BT HR. 112150N

NO. IOST00)7NE

:e:47"::::....
In the ~ flatter a of,
Peel Elonee,
and
ROBERT E. ROSTRe
Repondanb,
n

9 JOSRP1l PATHODE,

10
11

He, JOaT002 SHS

EXHIBITS, hone narked.

12
13
Sd

APPOSITION or DORM HCREHZIE

15
16

Pebeuary 16th, 2011


Hadnoeday
Z,1S.H.

17
10

(Appeet/ng by Telephone)

19

PERPETUATION OF TEBTiHOIIY
the DEPOSITION OF oH11 HolEHTIE Ron taken

at the let offices of Hannah Heleen-Vebee, 720 0


Street, epringfiold, Oregon, before Robin
Cnuldt-purse, CAR-RPR, Certified 6htrthand Reporter
in and rot the State of Oregon.
page 4

Page 2
APPEA ASH OHS

Per the petitioner.,

3 the whole truth, and nmhing but the Inith, wns


4 examined and testified as follows:

Ha. HAHHAN HETSRN-VRHX%


700 B atroot

springfiel0, Ore90n 91477

5111141-5320

Q. Mr . McKenzie , t his is hlaunah Melsen - Vchrs.


9 Thls is going Lobes perpetuation deposition in the
in trial of Ktlsey Hughes versus Robert B, Poster mod
11 Joseph Palisade versus Robert B. Poster.
You just had your discovery deposition
12
la taken, m m going to osk you some questions.
14 Remember that you're still under oath mid, even
is though you've answered the questions previously.
16 give its n ftill answer agoin, please.
A. Okay,
17
ig
Q. Can you please slate your full name?
19 A. John Bdwmd McKenzie.
20 Q. And spell your last name.
21
A. M-c-K-e-n-zri-e.
Q. And what is your current occupation?
22
A. Mannger of plant operulions and
23
e

"$SON A PUHCAH
12725 5H 66th Avenue, suite 101
Portland, Oregon 91223
602/2 E2-5122

BYI Het, PRANK S. 16555011


(Appearing by toleyhene)
AIX, Preronb,
145, ROBERT ROSTER
(Appeerinp by telephone)
Reported by,
ROBIN CAflIOY-OURMI, caR-RPR
CO REPORTINO 6 YXIEOCOHPEREIICIIIO
641/405-0111

24 nraintellanc0.

TOLL FREE 000/3 4 1-0907

:.11 h1t .1 CIiphTJ

EXAMINATION
BY MS. ME1SP. N-VHHRS:

For the Reepondenti

EUOEHE

JOHN McXRNZIE,

2 having been first duly sworn 10 testify dm truth,

25 Q. And where do you work?

Exhibit 26

(1) Pages 1.4

Page 2

Exhibit C Page 2
Petitioner's Response

uI. 9. 2012

3:51 PM

No. 1644

Perpetuation

Hughes, el al, vs,


Faster

1
2
3
4
7
6
7
B
9

20

24
25

A. Wheaton Pmnclscan Healthcare.


Q. And how long have you held that Job?
A. September of 2010.
Q. Okay. And con you tell nie briefly some of
your work history before That?
A. Yeah. I was director-- I was plant
mmwger for Envision Architecture from September of
2006 to September 2010.
Prior to that I relocated from Bend,
Oregon, to \Vnterloo, and Then from December of 2006
to June of 2008 I was director of public works for
Sunriver Owners Association,
Prior to that I was director of facilities
for Weiss Memorial Hospital in Chicago, Illinois.
How far back would you like foe to go?
Q. That's fine. Thanks. Can you (ell me
your educational background? High school or
college?
A. Sonic college. I went through the Navy

nuclear propulsion program when I Was

lit

line

i Q. Okay. Go ahead.
2
3

A. Oh, I'm sorry. lie going to use the words


"older than nie.` 50s, mid 50s maybe, Just

o speculating on ago. While mule, grayish hair, long

s -- usually was in
6

ponytail or under it bandanna.

One moment, I need just a second.

Q, That's fine.
9
(Off-ore record discussion.)
to A. And I believe somewhere between five-ten
a

11

to six feet tall, as best I con recall.

12

BY MS. MBISBN-VEHRS:

13
14

drives?

Q. Do you know what kind of vehicle lie


A. An early 2000 while Ford pickup, standard

Is
16
17

is

19
21
22

cab.

Q. And did you observe him driving in that


muck around Sunriver?
A. Yes.
Q. Can you tell Inc about some of the

encounters that you had with Bob Poster?


A. We had multiple encounters with hint during

a3 mad construction going through stop paddles,


26

driving too close to (loggers, not complying with

as the direction of the floggers.


Page a

Q. And you have It high school degree?


A. High school diploma, yes, nia ant,
Q. Cat you tell me what your main duties were
as the public works director for the Sunriver Owners
Association?
A. Sure. I was responsible for all
infrastructure operation and nminiennnce, which
included all roads, pathways, common areas, parks,
pools, Sunriver Association buildings - just about
anything inside the Sunriver boundaries with the
exception of water, sewer, and the cleetde service.
Q. Were you Inn supervisory role in that
capacity?
A. Yes, ma'am.
Q. How ninny people did you supervise
approximately?
A. I'm going to say approximately on average
161o20.
Q. And while you were the public works
director, did you cone to know Bob Poster who Is the
respondent in this case?
A. Yes. I had some interactions with him,
Q. Are you able to describe what he looks
like?
A. I cal, sure.
\tin- 1v!irrIt.t r:

it

Slender to average build.

ao

service.
Q. Did you say some college?
A. Some college, yes, nm'am.
Q. Okay, And then the Navy?
A. Yes, ma'am.

6,2011
Pape 7

Page B

Daring snow removal he would pull out In


front of the snow removal equipment causing thorn to
take evasive action.
We would get phone calls from hint
complaining -- I would get phone calls and
voicemalls from him complaining about mad
construction activities That impacted his business
and how unhappy he was with those activities.
Q. I an going to address some of those one at
a lime,
A. Sure.
Q. Can you explain what it meals to go
through it stop paddle?
A. Sure. When we are doing -MR. WESSON: I didn't hear that
question. Can lie explain what?
MS. MEISEN-VEHRS; What it means to go
through a slop paddle.
MR. WBSSON: A slop paddle?
MS. MBISEN-VEHRS: Yes.
MR, WESSON: A stop paddle. What are
you talking about?
MS, MBISEN-VEHRS: Well, that's the
question.
MR. WESSON; What's a stop paddle?

Exhibit 26

(2) Pages 5.8

Page 3
Exhibit C Page 3
Petitioner's Response

uI. 9. 2012

3:51 PM

el al, vs.

Perpetuation
Page 11

Page 9

MS. MEISEN-VEHRS: I am going to have

a
4
5

6
7

9
11
12
13
Ia

A. Okay. During road construction, when we

3
4

work on the lane safely, we position Baggers at


eilhercnd.

11

12

1a
14
15
16

1e
19

We 0011 (hose slop paddles, and those are


to direct vehicles when it is safe In proceed and
under the direction of those flaggers so that the
crews can work safely in the travel lanes.

go

So to answer your question what it means

13
26
25

THE WITNESS; Yes, I did.


MR. WESSON: Did lie answer or not?
THE WITNESS: Yes, I did.

10

And they have -- you've probably seen


them, people standing out with poles that are 6 feet
full that have 14-inch stop signs on one side and on
the other side of that paddle is n slow -- eulnrgcd
slow warning paddle.

22

MS, MEISEN-VEHRS: Well, I believe

MR, WESSON: I couldn't hear him,


a
9 1-Immail.

16

21

in aid of hay objeclion. Just one question.


MS. MEISEN-VEHRS: Okay.
MR. WESSON: Old you see Mr. Foster

s blow these stop paddle signs?


6
THE WITNESS: Yes.

15
17

MR. WESSON: Hannah, I have it question

John explain (hat.


THE WITNESS: Let me know when I can
begin.
BY MS. MEISBN-VEHRS:
Q. Go ahead,

e have to shut down a travel lane so that crews call


10

17
1e
19
20

MR. WESSON: Okay.


BY MS. MEISEN-VEHRS:

Q. Okay. How often did you observe Bob


Foster driving tu-ough n stop paddle?
A.

Oilce -- myself, once personally, but I

received tmdtiple complaints Front my staff.


MR. WESSON: Objection. So you only
saw him do it once?

THE WITNESS: Correet.


21
to blow through the slop paddle Is is when (he
MR. WESSON: All right.
flogger communicates and when a certain amount of 22
vehicles go past, we slop traffic in one d'ueetlon,
23 BY MS. MEISEN-VEHRS:
Q. Nov, moving on, can you explain what II
le[ It clear, and then we allow traffic in the other
24
direction to flow to keep continuity of traffic up
25 means to dart out In front of it snowplow?
Page 12

Page 10
1
2
a
4
5
6
7
s

9
10
11
12
13

Ina
15
16
17
Ile
19
20
21
22
23
26

25

P. 28

No. 1644

and down the road.


Al certain points we have to cut off ears
so that we can keep continuity and as we rntnte the
sign form slow to stop. Bob would continue to drive
past, ignoring the stop sign that was being
displayed by the Bagger. That's what is meant by
blowing the slop piddle.
Q. And did you on occasion personally observe
Bob Foster blowing through the stop paddle?
A. Yes.
Q. Did that put you or your employees in
danger?
MR, WESSON: Objection. Calls for
speculation. Go ahead and answer the quest ion, but
I have an objection,
MS. MEISEN-VEHRS: That is fine.
BY MS. MEISBN-VEHRS:
Q. Goahead,John.
A. Yes. If vehicles aren't following the
direction of the fag safety crews, then the people
performing the work are assuming one thing is going
on when something else is going on. With their back
10 traffic at times, it is an unsafe silodion. We
like to know where the vehicles are at and how they
are proceeding.

%I in-I; :;eriptJ:,

A
2
5

a
5
6
7

e
9
10
11
12
13
14
15

16
17
18
19
20
21
22
23

24
25

Exhibit 26

A. Sure. During -- the one observation I


made

was, as we were removing snow on Beaver Drive

going north of Sunrlver Village towards Circle 1l,


about halfway up the road we observed Bob's truck
stopped at an intersection.
As we approached within 5010 100 feel of
(lint Intersection, Bob pulled out in front of its and
turned left causing my driver to take evasive action
by slumming on the brakes and [hen the snowplow
tripped and pulled us towards the shoulder.
Q. Did that put you inn dangerous situation?
A, Yes. When you have a 20,000-pound -MR, WESSON: Objection, Calls for a
conclusion,
BY MS. MEISEN-VEHRS:
Q. You can answer.
A. Yes. When you haven 20,000-pound truck
on a snow-covered road that has to slant on their
brakes, you know, it takes a long time for us to
stop, and when you're being pulled towards the
shoulder, II creates an even store dangerous
situation,
Q. Did you see Mr. Foster observing the
snowplow?
A. Yes, He looked directly at us.
(3) Pages 9.12

Page 4
Exhibit C Page 4
Petitioner's Response

JuL 9. 2012

3:52PM

hfeKenate

Ptrpelualion

Hughes, el iii. vs.


Foster

Pogo 16

Page 13
1
2
3
4
9
6
7

e
9
10
11
12
13
Ia
15
16
i7

Q. Did you ever get complains from your


employees nboul Bob Foster?
A. Yes.
Q. Approximately how minty complaints do you
think you received?
A. More than 20 in my year and a half is
director,
Q, Were the complaints related to safety?
A. Yes.
MR. WESSON: Related to who?
MS. MHISEN-VEHRS! Safety.
MR. WESSON: I'm sorry, Hannah. Did
yousOyStacey?
MS. MBISEN-VEHRS; Their safely.
MR. WESSON; Olt, safety. 'just
couldn't hear. I understand now. Go ahead.

BY MS. MEISBN-VEHRS:

is Q. Did you ever observe Mr. Foster parked


i9 behind the Sunriver Owners Association
zo administration building?
z1
A. Yes.
22
Q. About how oRen did you see him back
23 there?
U A. Three or font tines.
25
Q. Did you ever see him speed out of the

Q. Were you ever aware of why Mr. Foster Was


doing that?
MR. \VBSSON:Objection. Calls for
3
4 speculation.
s BY MS. MBISBN-VBHRS;
6
Q. You can answer if you know.
A. Okay. I can relate what was told to me
7
0 during the approval process.
MR, WESSON! Objection. No hearsay.
9
to BY MS. MBISEN-VEHRS:
Q. Were you over told by Mr. Foster why lie
11
12 was doing that behavior?
A. No.
13
Q. Okay. Fin going to move on. Did you ever
14
is have a conversation with Mr. Foster at the local
16 grocery store about his behavior towards your crew?
A. Yes.
17
to Q. Can you recall what Mr. Foster said to you
19 to start (hilt conversation?
A. Beat of my recollection was that I was
20
21 getting lunch at the country store and Mr. Poster
2z approached me with some complaint about the slurry
23 sealing operations that were going on tit the time.
1 told him that I really wasn't going to
24
25 entertain any of Iris complaints at the tline until he
1

page 16

Page 14
1
2
3
4
5

parking lot?
A. Yes.

1
2
3

Q. About how many tines?


A. I observed it once.
Q. Did you ever see other members of tie

community doing similar behavior?


A. No.
8
Q. Was there a time that you posted signs in
9 back of the Sunriver Owners Association
10 adalnisimlive building?
is
A. Yes.
12
Q. Cult you remember what the signs said?
A. To the bust of my recollection, they said
13
1a Sunriver SROA vehicles only. Something to that
is effect. I may not have the exact wording conect.
16 Ii's been quite a while.
17
Q. Why did you post those signs?
A. Indirect--it was adirect action of
is
19 Mr. Foster's parking behind the building or -2o there's a snmll drive on the south side of the
21 administration building,
22
Q. So it was to address the problem of
23 Mr, Foster parking in the back?
A. Yes. And on that access road on tile south
24
25 end of the building,
6
7

d Ii,,

P. 29

No. 1644

6
7
S
9

could demonstrate That he could net safely around any


Crew.
He said something, which I don't remember,
but -- and then as he was walking away from me -that lie could do anything lie wanted because of his
connections In the community.
At that time I basically fold him that if
he was going to have that altitude Ihal If tiny of my

crew were hurt then I would deal with it myself,

to And at that point he walked away.


And then Ihat conversation was related to
11
12 the general manager of the SOnriver Owners
13 Association,
Q, Let mite clarify a bit. Did you Zell
13
15 Mr. Poster that your crew was instructed to report
16

11

complaints to the Sunriver police?


A. Yes. Yes, rna'ani. They were also

is instructed not to engage with him.


Q. Okay. So did he haven response to your
19
20 comment that you were telling your crew to report
21 his
22
23
2a
25

Bxhiblt 26

behavior to the police? Did Mr. Foster have

it

response?
A. Best of my recotecllon, that Is when the
comment came out that he wasn't worried because he
had connections in the community.
(4)

Pages 13 - 16

Page 5
Exhibit C Page 5
Petitioner's Response

Jul. 9. 2012

3:52PM

No. 1644

John

Perpetuation

Hughes, et al. vs.


Foster

Page 17
A
2
3

Q. Did he explain what those connections

were?
A. No,

Q. to ahead, John,

A. Can you repeat the question one more time,


Hannah?

Q. Did you believe at the time that you were

Q. Did you know what lie meant by that?

A. I had assumptions.

s serving as director of public works Itint Bob Poster

Q. Well, what did you Think lie memo by that

was capable of hurting somebody on your crew?

the time?
MR. WESSON: Objection. Calls for

10

A. Yes.
Q. Was that based on the behaviors that you
personally observed from him?
A, Yes.

BY MS. MUISEN-VBIIRS:
Q. Just a second, Jolla.
just yet,

11

Q, Did you report your concerns about Bob

14

x5

MR. IVESSON! If you Asked do you know,


that might be a beater way of asking the question

16

but--

16

17
1e

MS. MBISEN-VEHRS: Frank, your


objection is on the record. That is fine.

1v

1g
20
21

7 Al

e
9
10
11
12
13
14

speculation. Thai's truly an objectionable


question. Hannah, What do you think?

Don l answer that

iz Foster to anyone at the Sunrlver Owners Assoclalion7


13
Is

A. Yes. The general manager, Bill Chapman.


Q. And did you report them to the police?
A. Yes. We did shake some reports to the
police,

MR. WESSON: In aid of my objection, I

10

have a question. Hannah.

BY MS. MEISEN-VEHRS:

19

Q. Okay. John, did you -- at this lime in


your tenure as public works director, did you

20
21

MS. MEISEN-VEHRS What Is It?


MR. WESSON: When did you report your
opinion that he could hurt people to the Sunriver

22

Pollee Peparmwnl7

23
24

MS. MBISEN-VEHRS: I think your


putting words in his mouth. I think he reported his
concerns but. John, go ahead and answer when you

az believe that Foster had the ability to hurt one of


as your crew members?
24
A. Yes.
25

MR, WESSON: Objection. Calls for

25

Page 20

Page Is
1

speculation.

made your reports.

MS. MEISEN-VEHRS: This is About his


belief At the lime about whether Foster was capable
of hurling somebody. That's relevant,

MR. WESSON: A human being can hurt a

human being. What has that got to do with this


case? There's been no charges filed by the Smviver

THE WITNESS: As I staled earlier, we


node reports when he didn't obey the slop paddles.
and we explained what stop paddles were earlier.
You know, those no legitimate safely concerns.
MR, WESSON: Ijust want to know when.
February 12th? July 3Ist? December257 When did

3
4

3
4
6

u you report them, and the year, by the way?

a Homeowners Assoclnllon against Bob Poster. You are

.3

just trying to trump up charges, Hannah.


MS. MEISEN-VIdHRS; Well, this case is
about Mr. Poster's stalking behavior, so it is
absolutely relevant to this case.
MR, WESSON: What has safely got to do

with stolking behavior?

MS, MEISBN-VEHRS: What do you think


they ore afraid of? That's the ultimate question.
Now, if Poster was displaying behaviors that he was

9
.0
.1
.2

.6
.7

1
l3

MR. WESSON: Well, again, I object for


all the reasons I have slated.
MS, MEISEN-VBHRS:Okay. That Is

Eno.
s BY MS. MRISEN-VEHRS:

grin .It-:icipot! ,

THE WrTN-BSS: The year would be 2007.


I can't give you an exact date from three and a half
years ago. I don't think I can give you that exact

12

dale.

13

MR. WESSON: Thank you,


BY MS. MEtSEN-VEHRS;

.a capable of horning somebody, then that is relevant


g And be can Answer of his own belief about that at
o the lime based on his observations.
2

Io
11

15

Q. The year is fine, John.

16

A. Sure.

17
1e

Q. Did you ever observe Bob Foster


interrupting a traffic stop that was being conducted

lg by the Sunriver police?


A. No,

20
21
22
23
24
25

Exhibit 26

Q. Did you over see or hear Bob Foster


yelling at the Sunriver police?
A. No.

Okay. Do you have the statement in front


of you that you prepared?
Q.

(5) Pngcs 17-20

Page 6
Exhibit C Page 6
Petitioner's Response

JuH 9. 2012

3:53PM

Hughes, et al vs.
Poste.

PerpeNntlon

John hlcKenxte
February 16, 2011

Pago 2I
A. I do.
Q. Okay, Does that statement at the lop say
Statement Regarding My interactions with Bob Poster
as Director of Public Works for Sunriver Owners
s Association?
6
A. It does.
7
Q. And that's four pages long?
0
A. Yes, ma'am.
9 Q. Did you drat that statement yourself?
10
A. Yes, ma'am.
11
Q. And was that based on your recollection -12 your independent recollection of the events that
13 happened while you were public works director?
14
A. Yes, ma'mn.
is
Q. And is that an accurate reflection of your
16 memory?
A. As best as it can be, yes.
17
10
MS. MBISEN-VBIBtS Okay. So I'm going
19 to submit to enter (lint document into evidence.
20
MR. WESSON: Well, I'm going to object
21 to the introducllon of it into evidence because it
22 contains numerous examples of hearsay.
23
And he says it's accurate. How does
24 he know it's accurate when he Is reporting what
25 other people told him?
1
2
3
4

rage 23

questions. Let'sjusI pickup right where we were.


Your document -- what's the exhibit number by the
way, Hannah? Hannah, what's the exhibit number?
MS. MEISBN-VBHRS: Well, I lmven'i
s given it an exhibit number because it hasn't been
6 entered into evidonce.
MR. WESSON; You're going to save it
7
a for trial. Right?
MS. MBISEN-VBHRS: Yes.
9
(Off-the-record discussion.)
10
1
2
3
4

11
12
13
14

Is
1s
i7
10

19

zo
21
22

23
24
25

EXAMINATION
BY MR. WESSON;
Q. All right. I've got some questions about
this statement, Mr. McKenzie.
A. Olt-huh.
Q. Did anyone ask you to prepare this
statement?
A. Yes.
Q. Who nsked you to prepare it?
A. Sniaiver Police Department.
Q. Who specifically at the SunriverPolice
Department?
A. I believe it was Sergeant Palaode.
Q. And did lie discuss -- did you discuss with
Page 24

Page 22
1

i him what the statement should contain?

So I question the veracity of the


document in general. For example, lie talks about
3 (here are phone calls and votcemails received
& multiple times during my time as director, so that
5 means these phone calls woro between December of'06
6 and June or 'OR, and the peillneht issues permining
7
to Mr. Foster occurred just prior to June '08, and
a most of this stuff that he has testified to--tile
9 slurrying of the roads and so for(b -- occurred in

10 '07.
11
12
13

14
is
16
17

is
19
20
21
'22
23
24
26

So this doctinent is fraught with


inaccuracies, inconsistencies, and hearsay evidence,
so I Object to it.
MS. MEISUN-VBHRS; Well, my only
response to that would be that he has testified as
to the details thnt are contained in this document,
and he has testified as to the veracity of the
document, but we can just leave that for trial and
thejudge.
So I have no further questions right
now, John.
THE WITNESS; Okay.
MS. MBISEN-VBHRS: Frank, do you have
any questions?
MR. WESSON: Yeah, I do have some

.h,i-ll.aeripria

P. 31

No. 1644

3
4

5
6
7

0
9
10
ti
12
13

14

xs
16
17

18
19
20
21
22
23

24

25

Exhibit 26

A. No.
Q. Did you review the statement with him
before you Finalized It?
A. No.
Q. And when you finished preparing it, did
you send It to him?
A. I faxed it to the Sunriver Police
Department.
Q. And were you asked to make any revisions
to It?
A. No.
Q. Did you fax this on May 13, 2010, at about
9:19 in the morning?
A. I believe was the 13th of May. I can't-Q. May 13th, 20107
A. Yeah.
Q. All right. Let's see. Bear with inc. I'm
just looking to-- How many direct conversations did
you have face to face-- not over the phone -- with
Bob Poster during the year and a half that you were
them?
A. One face-to-face interaction.
Q. And when was that?
A. That was lie Incident in (he Sunriver

(6) Pages 21.24

Page 7

Exhibit C Page 7
Petitioner's Response

JuH 9. 2012

3:53PM

John McKenzie
February 16,2011

Perpcluatlon

el al. vs.

Page 2]

page 21
1
2
3
4
5

Country Store.

Q. Okay. So you noverhad any oilier than


that; just that one?
A. Correct.

Q. And that was dealing mainly with the

MR. WESSON: I'm going to move on with

a my questions.

MS. MEISEN-VEHRS: All right, We will

i5

Q. Do you remember the roads that you did


slurry?
A. There were opproximntely 30 cul-de-sacs
that got slurry seated.

14

6 from Some Outside source.


7

13
14

10

23

1z

17

22

MR. WESSON: None of your business.


MS. MEISIBN-VEHRS: I'm not going to
ask what you talked about, but I have it right to
know if you're getting information from somebody,

in talk later.
ii 13Y MR. WESSON:

ii slurrying of the reads. Correct?


12
A. And the other mad constriction events,
is yes.
19
Q. So did you slurry all the toads iii
1s Snnriver that stlnliner?
16
A. No.

is

called?

Q. Now, how many telephone conversations did

you have with him?


7 A. More than 20 that one summer of2007,
s Q. Thal was the sunmler of '07?
9
A. Yes.

20
21

1
2
3

10

Q. Cul-de-sacs? How about main roods, like


Beaver Drive or Cottonwood Drive?
A. We did overlay on River Road that summer,
There was a few other projects. I don't remember

as exactly what they were.

Q Let's see here. Did you make nrecord of


(hose 25-phis phone catls that summer of 20077
A. No,

Q. Did you make any personal reports to the

is Sunriver Police Department yourself)


17
A. Concerning?
Q. Bob Fasleris
A. Yes.
19
20

Q, When did you make those reports?

21

A. During2007.

22

23
24
25

Q. Do you know when during 2007?


A. That's almost four years ago. I could not
give you all exact date. Those-Q. (Inaudible) of those phone calls?
Page 28

Pegg 26
1
2

Q. So I'll ask you more questions here. Lei


tile see here. lain asking questions. I've got to

3 call you back. Goodbye,


e
So my wife called Inc on my cell phone, so
s forgive ate.
6
A. )understand.

MS, MEISEN-VHHRS: Frank, have you

e been receiving other phone calls during this time?

MR. WESSON: Occasionally I gel a

10 phone call, yeah,


11
M. MEISEN-VEHRS: And who are they
12 from?
1a
14
Is

MR. WESSON: None of your business.


MS. MEISEN-VEHRS:Well, if somebody
is having conversations with you during testimony,

16 it is relevant.
is cut him off. So I'm talking-20

called?

me?

department?
A. The typical person that would answer the

phone was the officer manager at the police

7 department.
8

Q.

Okay. The same answer that you gave in

9 your discovery deposition. Correct?


to
A. (believe so.
Q. Okay. Do you have any (raining in menial
it
12 heplthcam?
13
A. No.
14

Q. Are you a college graduate?

is A, No,
19
i9
21

Q. What's the highest education you have?


Are you a high school graduate?
Q. Did you discuss your testimony with anyone
prior to this deposition today?
A. No.

24

Q. You had no discussion with anyone about


what your testimony might be?
A. No. The only discussion 1 had was date

25

and lime.

22
23

MR. WESSON: Yeah, Are you there?


MS. MBlSEN-VEHRS: Who else has

w, ipl

20

MR. WESSON; Hello?


MS. MEISEN-VEERS: Are you talking to

}i1i 0 ,:

A. Not by me. You could ask the pollee


department if they made a record.
Q. And Who did you inik to at the police

Is A. Yes.

MS. MEISEN-VEHRS: Who else has

19

1
2

16

MR. WESSON; That was my wife. Ijust

17

P. 32

No. 1644

Exhibit 26

(7)

Pages 25.28

Page 8

Exhibit C Page 8
Petitioner's Response

u I. 9. 2012

3: 53PM

John McKenun

Perpetuation

al. vs.

February 16,2011
Page o t

Pace 25
1
2

Q. On the paddles -- on the stop paddles, did


you see any of those vlotations lint you said

a Mr. Poster violated -- the slop or slow?


I know what you are talking about. I
e

8
9

paddle?
A. Yes.

Q. I've experienced it myself.

2
3

A,

didn't know they were called slop paddles, but 1


know that now, and I know what you're lofting about.
Did you see Not ram -- blow past a stop

5
6

A, Those individuals are trained by the

Oregon Deparimenl of Transportation fag program,

7 and that curriculum always states that never have


a anybody proceed with a stop paddle displayed, so If
9 you observed that, you didn't observe it by my crow.
to BY MR. WESSON:

ii Q.

12
13

A. Probably 10 feet.

13

1i

it

23
24

Q. So were you In a vehicle?


A. No. 1 was standing on the road.
Q. And usually those people stand in the
middle of the road. Correct?
A. Typical opera lion, yes.
Q. On this day in question, do you remember
when that was -- the date of Itiol?
A. I do not remember tile exact date, no.
Q. Was It a sunny summer dny?
A. 11 was n spring day, but it was sunny.
Typically alt road construction was done before

25

Memorial Day,

14
16
16
17
18
19
20
21
22

Well, I can soy --

MS. MEISEN-VEHRS: Hold on. Hold on.


Let John finish his answer.

Q. And whore did you see that?


A. We were on Beaver Drive,
Q. How far away were you?

10

P. 33

No. 1644

14

So your crew had that iraining7


A. Yes.

Q. And the person that was holding ilia stop


paddle (hilt day, do you remember who that was?

A. I do not remember, no.


is
is Q. Would lucre be a record of who that person
17 was that day?
A. Probably not.
in
19

Q. Is there n chance some might have received

ao the training and some might not have received the


21 training?
MS. MgISBN-VEHRS: Objection. That
22
23 calls for speculation.
26 BY MR. WESSON:
Q. So nil your people had the training?
as
Page 32

Page 30

Q. So you do your road construction before

1
2
3

Memorial Day?
A. Yes.

Q. And is the weather usually sunny or miry

s then?
A. Central Oregon. take your pick.
s
Q. All right. The same question: Was it
7
8 sonny or rainy?

A. As I sold just

it

16

mimr(e ago, It was sunny.

plate cumber?

to question?

Q. Did you make a note or record of his

I9

ao vehicle license plate number?


21
A. No.
22
13
14

.\lln.tl

A. I've never seen that instance.

BY MR. WESSON:
Q. Are these regular employees of tine
Sunriver Homeowners Association?

12

A. By regular do you mean fulllime employees?


Q, Well, not necessarily fall time, but they
were employees; not temporaries or anything like

13

Iliat?

i4

17

A. Ohl, no. They are rogalur employees.


Q. All right. Do you remember when It was
that the incident with the snowplow occurred?
A. Yeah. It would have been the winter

18

between 2007 and 2008,

19

Q. Okay. And what do you mean that the


snowplow tripped? What does That mean?
A. Not to gel too technical, but you would
have it snowplow that is oil all arlieulating head. and
that head is sensitive to vehicle -- chmnges is
vehicle direction. And if you have to make no
evasive maneuver, that blade can dig into the

In
11

1s

20

Q, The instructions that-- sometimes those


stop paddle people sometimes will tell someone to go
ahead oven though 11 says stop. Is that correct?

as

You're going to have to repeat your question.

16

A. I cmddn't hear you. Could you repeat the

17

MS. MBISBN-VBHRS: Sorry, Prank.

A. No. It's not possible to do that.


Q. Well, did you make it note of his license

15

Q. (Inaudible) were they Sunriveremployees?


A. Sunriver Owners Association employers.

to We don't do road construction during the rain.


Q. Okay, And you said--did anyone say
ai
iz anything to Mr. Poster when he blew through the stop
Ia paddle?
14

A. Before they can act as Ragmen, yes.


That's the official title,

21
22
23
24
25

Exhibit 26

(8) Puree 29 -32

Page 9
Exhibit C Page 9
Petitioner's Response

JuH 9. 2012

3:54PM

Jahn

Perpetuation

Hughes, al HI, is,


Foster

rage 35

Page 33

asphalt during that maneuver and at that point It


will ae( as all anchor and will pull the vehicle to
one dlreelion or the other depending on the position
of the steering wheel.
MR. WESSON: Okay. What I'd like to
do now is I would like to talk to my client, so I'm
going to put you on hold mud get in touch with my
client. Okay?
THE WITNESS: Okay,
MR. WESSON: He can hear me saying
this, so I'm going to cull him. All right? So I'm
going to put the phone on hold while I talk to him,
MS. MBISBN-VEHRS: Okay, We'll just
taken short break. We will be here.
MR. WESSON: Dan'[ hung up. Inm just
going to pill you on hand.
(Recess: 3:12 to 3' 15 p.m.)
MR. WESSON: Are you there?
MS. MRISEN-VEHRS: We fire here.
THE WITNESS: lam hem,

MR. WESSON: I've got

it

line flashing

here. I'm trying to get it dealt with, Bear with


Inc. All right,
BY MR, WESSON:
Q. So I've got a couple more questions,

that happened before I was public works director, so


can't speak to that issue.
Q. All right. Bul did nnylhing like Ihnt
3
4 happen when you were the director of public works?
A. No, no.
5
6
Q. All right. Do you remember one of the
7 entrances to Sunriver being blocked or -- blocked
a off because of slurry -- the stickiness of the
9 slurry?
A. Not during my term as director.
10
11
Q. Okay.
A. The Incident you ore referring to happened
12
13 prior to me arriving.
Q. Okay. All right, Let me see If I've got
14
15 nay more questions here.
All right, On the issue of (ht posting of
is
the signs behind -- or a sign was posted to Inuit
11
is vehicles using that particular road around the
19 Snnrlver Homeowners Association building, Correct?
20
A. Correct.
Q. Could anybody use it prior to that sign
21
22 being posted?
I

2 1

23
24
2s

Page 34

9
10
Li
L2
13
L4

is
16
17
is

P. 34

No. 1644

MS. MEISEN-VEHRS: Objection. Calls


for speculation,
BY MR. WESSON:
Page 36

1
Q. Well, if (here wasn't any sign, I suppose
Mr. McKenzie,
2 anyone could use it. Right, Mr. McKenzie?
A. Ub-huh,
MS. MEISEN-VEHRS: You can answer
3
Q. So 11 was in the spring of'07 (tint the
road slurrying began, is that right?
4 that. but my objection stands.
A. The intended use of dial road was for
s
A. As every year, yeah, in the spring6 company vehicles.
Q. And did you have any Issues with the
BY MR, WESSON:
slurrying being too soft and getting on cars or
7
Q. But (here was no sign saying it was
S
slicking to iho wheels of cars and causing some
9 limited to that, Correel?
problems with peoples' vehicles?
A. Conceal.
to
MS. MEISEN-VEHRS: I am going to
Q. All right. So there wouldn't be nnylhing
ii
object. That is irrelevant.
12 wrong with someone other than an employee of
MR. WESSON: Well, it is not
13 Smariver Homeowners Association using that road?
Irrelevant. It is very relevant because It dents
MS. MEISEN-VEHRS: Objection. Calls
14
with the issues, and you will we it unfold hen: in
is for speculation again. He doesn't have personal
a minute when I ask the rest of my questions.
MS. MBISEN-VEHRS: Wall, go ahead and 16 knowledge of that.
17 BY MR. WESSON:
ask the rest. 1'mjusl sorting my objection.
Q. You worked in that building, didn't you,
BY MR. WESSON:
Ie
Q. So were there such issues?
19 Mr. McKenzie?
A. I did not. I worked in the public works
20
A. Not during my term as director. Maybe
21 building, which is directly to the south.
before my -Q. How Far Away? 50 feet? 100 feet?
22
Q. There weren't some Issues dealing with
A. 50 yards.
23
Sunrlver having to paint vehicles because of Ilia
Q. All right, 50 yards, 150 feet. So who
24
slurrying geeing on the vehicles?
25 ordered --Did you put those signs up yourself, or
A. I believe you're referring to an incident

h1im1A3 ,:ripu,"v

Exhibit 26

(9) Pages 33 - 36

Page 10

Exhibit C Page 10
Petitioner's Response

Jul. 9. 2012

3:54PM

el al, vs.

No. 1644

P. 35

McKenzie
y 16.7011

Perpotonllon
Page 31

someone from your department?


2
A. Someone from lily department installed the
3 signs.
a Q. Did you know they were going to be
5 Installed?
6
A. Yes.
Q, Who ordered them Installed?
7
A. General manager, Illii Chapman.
a
Q. Bill Chapman isn't the general manager
9
anymore, is he?
10
A, No.
11
Q. When did he leave Sunriver?
12
13
A. I think he-- if I remember correctly, lie
14
left February of 2008, to the best of my
15
recollection.
16
Q. So he left before you left?
A. Correct.
17
Q. And when were those signs put lip around
10
19 the SROA building?
20
A. My best recollection was Into summits 2007,
21 maybe early fall.
22
Q. Okay. Do you know who the current general
23 malinger is?
2d
A. No. I could tell you who the general
2s
malinger was when lien, but I don't know who the
1

1 State Of Oregon
2 county

or

S..

teat

3
1, SObtn Cosmidy..ouren, CSR'RPR, a Certified

5 shorthand Reporter for the stet, of Oregon, certify


6 that the ultneas nee Sworn end the treneorlpt 1, a
7 trva record of the teatimnny given by the witnci.,
B that at said time end p111, 1 reported ,11 tentisany
9 and other oral proceedings had In the foregoing
10 matter, that the torngoiup treneorlpt consisting of
11 38 pages contains a full, from and correct

12

transcript of said ptoceedlags reported by coo to the

13 beet of my ability on Bald date,

14

re

any of the partial or the Wilna.. requested

15 review or the transcript at the time of the


l6 proceedings, ouch correction pages are ntt,ched.
IN NITIESR WHSREOP, I have got my hand end CaR

17

10 creel than nth day of Yebeuery 2011, in the

oily

of

19 Eugene, county of Lane, State of Oregon.

Robin ceesldy-Puran, csm-RPR


CSR No. 90-0090

Page 30

general manager is.


Q. Who was the general manager when you Ica?
A. Bill Peck.
Q. Well, he is still the general manager.
A. Thai's good to hear. That's n good thing.
MR. WESSON: I'm just looking here. I
think I nm done.
MS. M13ISBN-VBHRS: Okay.
MR. WESSON: Hang on. I have no more
questions.
MS. MBISPN-VBI-IItS: I don't have any
questions either.
(flit deposition was concluded
at 3:21 p.m.)

Atin-1I..'intltinv

Exhibit 26

(10) Pages 37.39

Page 11

Exhibit C Page 11
Petitioner's Response

JuH

9. 2012

3:54PM

No.1644

P. 36

MICHAEL ALLEN KENNEDY


1
1

TN 7HE CIRCUIT COURT OF Tilt STATE OF OREGON

FOR THE COUNTY OF DESCIIUTES

2 called as a Witness on behalf of Respondent, being

3 first duly sworn to tell the truth, the whole truth and

3 JOSEPH PATHODE,

4 nothing but the truth. was examined and testified as

Petitioner,

ys,

Case HO, 105T0028415

6 ROBERT B. FOSTER,
7

S follows;
EXAMINATION

6
Respondent.

Q.

(BY MR. WESSON)

chief Kennedy, Would you

a state And spell your name for the Court reporter.

B KASEY HUGHES,

Petitioner,

10

3
MICHAEL ALLEN KENNEDY

Vs.

Case No. 105T0027-MS

11

11 ROBERT B. FOSTER,
12

A.

Okay.

It's Michael Allen Kennedy,

10 R-I-C-H-A-E-L, A-L-L-E-N, K-E-H- N- E-P-Y.


Q.

You understand I'm going to take your

12 deposition today?

Respondent,

13

13

A.

I understand.

14

14

Q.

And it's due to the two stalking alders that

J.5 officers Patnode and Hughes filed against Bob Foster.

DEPOSITION OF MIjcAEL ALLEILkEHHEOY

15

16 commenting at 9:30 as, on Tuesday, June 15, 2010, at

16

17 591 S.W. Hill View Way, Bond, Oregon

17

A.

16 GENIE L. KELLEY, R.P.R., C.M , C.S.R. 090-0149.

16

q.

V. going to ask you A series of questions

19

19 regarding those Stalking orders.

97702, before

Are you aware of that?


M.

Do you understand that?

20

20

21

21

A,

22

22

Q.

If at any time you don't understand one of my

understand.

23 questions, please say so and I will repeat it or

23
24 a , RF

E NO . :

7365

24 rephrase it until you do understand the question.

25

Do you understand this rule?

25

PEAA I10Et flE DO: N EI,


APP

1
2 per Petit n ra :

ROBERT E. FRANZ, JR,I ESQ.


730 a Street
Springfield, Oregon 97477

3
4

5 For Respen,leaL

Foreland,

Oregonoa97223

12

EXAMINATION

16

ax :

MR. WESSON

17 Ei ISITB FOR IoFlnIFr.c.ATXDU

16

NONE

Do you understand that?

A.

I understand.

0.

All of your answers must be verbal since the

Do you understand that all your responses must

11 be stated in words?

T H D

15

4 that you do hear it.

10

13
14

If at any time you don't hear one of my

3 questions, please say so and I will repeat it to ensure

9 as a nod of the head or shrug of the shoulders.


Kasey Hughes
Jo eyyh Patnode
IWbe
l't Foster

11

I do.

Q.

8 court reporter cannot take down non-verbal cues, such

9 Also Present :
10

A,

5
FRAMK N. WE55011, ESQ.
We son Carlson and swanlund

1
2

12

A.

I do,

13

Q.

You most speak clearly and distinctly, Do you

14 understand that?
2a

3
PAGE

15
16

A.

I understand.

0.

If you do not knew Cho answer to a question,

17 simply state you do not know. I do not expect you to


18 gulls or to speculate

as

to responses.

Do you understand that role?

19

19

20

20

A.

I understand.

21

21

q.

Pleas , make sore your answers are clear for

22

22 the record so the court reporter can accurately

23

23 transcribe each of the words you state.

24

24

25

25

kennedy

On you understand that?

A.

I understand.

CASCADE COURT REPORTERS (541) 386-5664

Pages I to 4

Exhibit D Page 1
Petitioner's Response

JuH 9. 2012

3:55PM

No. 1644

P. 37

MICHAEL ALLEN KENNEDY


1

q,

please wait until I finish each of my

1 your responses today?

2 questions before answering, and k will wait until you

A.

No. t'm not.

3 finish each of your answers before I ask another

0.

he you have any physical impairment that may

4 question. 1n this Way the curt reporter keeps a clear

4 affect your responses today?

5 record without interruption.

A.

Not that I'm aware of.

0o you understand that?

q.

Is there anything that has occurred that May

I understand.

7 affect your responses, like lack of sleep?

A.

Q. we will take a break about ovary hour to give

9 the Court reporter and all of us a chance to refresh


10 ourselves, but if you need a break prior to that time

A.

NO,

0,

is there anything that has occurred

strike

10 that.
Now, changing the subject, tell Me what you

It please request one and We will take one.

11

12

Do you understand that?

12 have looked at to prepare for your deposition today.

13

A.

1 understand.

13

A. Now far back do you want we to go?

14

Q.

you Understand that the deposition will be

14

Q.

15 transcribed by the court reporter and that everything

well, I'm talking about did you look at

15 something in the last two or three weeks -- well, you

10 said here today will be recorded?

16 didn't knew your deposition was going to be taken until

17

17 just a week or so ago,

0o you understand that?

1s

A.

19

q,

is

oo you understand that at trial all the

19 I pulled up the statutes yesterday that were quoted in

20 testimony given here today Will be available in written

A.

Right. This morning

20 the subpoena and faWilierised myself with those

21 form and if I ask you a question at trial that I ask

21 statutes,

22 yoU today, you may be asked to explain or otherwise

22

23 account for any difference in your answers that May

23 officer Hughes' depositions?

24 occur.

24

25

reviewed the subpoena.

I understand.

q.

A.

Did you look at either officer patnede or

I did, but I think that was prior to my being

25 subpoenaed.

no you Understand that?

All right, you haven't --

A.

I understand.

q.

q.

no you understand that your testimony is being

A.

But 3'm not sure about that.

3 given under oath as if you were in a court of law; that

0.

you haven't read then just to prepare for this

4 is you have been sworn to tell the truth and if you

4 deposition?

5 fail to do so adverse consequences could result?

A.

I didn't read them within the last couple days

Do you understand that?

6 if that's what you are asking.


And did you read their petitions for the

A.

I Understand,

Q.

Do you understand each and every one of these

B stalking orders?
9

9 rules as I've stated them?


10

A.

I do.

11

Q.

You understand that these rules assure that if

0.

A.

I'm not sure that I've ever read them

10 completely.
11

q,

who have you spoken to about this case other

12 I ask a question and you give an answer to that

12 than 14r, Fran%?


A. many people, Now far -- had Much do you

13 question, it will be assumed that you understood the

13

14 question as posed and your answer is Intended to be

3A want --

15 responsive as rendered?
16

15

q. I want to know who you have spoken to.

Do you understand this statement?

16

A.

17 complete list because like I said it's been many

17

A.

could you read it again, please?

16

q.

sure. you understand that these rules assure

I'M not going to be able to give you a

16 people, Everybody in our organization is aware of this

19 that if I ask a question and you give an answer to that

19 case.

20 question it will he assumed that you understood the

20

Q.

Okay.

21 question as posed and your answer is intended to be

21

A,

that includes our paid staff, our volunteers,

22 responsive as rendered?

22 anybody who night be affected by it.

23

A.

24

Q. Are you under the influence of any drugs, such

I Understand.

23

25 as marijuana or prescription drugs, which may affect

kennedy

Q.

what have you -- just give me a general

24 picture of what you have discussed with your paid


25 staff.

CASCADE COURT REPORTERS (541) 386-5664

pages 5 to

Exhibit D Page 2
Petitioner's Response

JuH

9. 2812

3:55PM

No.1644

P. 38

MICHAEL ALLEN KENNEDY


1

Q.

stalking in general.

2 six years this has been going on or what? what exactly

A.

Yes, As a matter of (act, we have discussed

3 do you want to know

3 it.

A, You are talking about recently, over the last

q,

when did you discuss it?

5 you discussed with your paid staff regarding these two

A.

I don't know the date.

6 cases.

Q.

well, let's go

Q.

A,

I just want to know most recently what have

I don't know that I've had any conversations

B recently with paid staff, and I'm not sure it's

A.

Yes.

9 regarding this case particularly. It's more involving

Q.

Has it been in the last six months? You Can't

10 the entire stalking that Mr. Foster has been doing to

10 look to him for an answer.

11 our department.

11

12

12 don't know. Is that the answer you want?

Q.

so you have talked to your paid staff, Have

A,

Hell. I don't know, then. The answer is I

13 you talked to anyone outside the paid staff?

13

q.

I Want the truth,

14

14

A.

I was trying to obtain the truth, but if you

A.

Yes. Therm are volunteers that work for our

15 want Me to give you the "I don't know" I'll be glad to

15 organization.
16

Q. Are we talking about civilian volunteers?

16 do that.

17

A. Talking about our citizen patrol. we have

17

Q.

I'll help you work it out.


so, was the meeting in the lost six months?

10 somewhere around 30 volunteers, They also drive a

18

19 marked vehicle vary similar to our patrol vehicles and,

19

A.

I lust answered I don't know that.

20 you know, we have given them heads up to be aware of

70

Q.

okay. All right. And was it in the last

21 your client because he is stalking our officers that he

21 three months -- excuse me, nine Months?

22 may be a danger to them.

27

23

73 you tall me that?

q.

so he has been a danger to your department for

A.

when was the stalking petition filed? could

24 six years, Would you say?

24

Q.

Roughly late March of this year.

25

25

A.

Okay. Then it was within the last nine

A.

Y don't know how long he has had the obsession

1 With following our officers around, but I just picked

1 months,

2 that number as --

3 meeting and who participated in that meeting?

q.

So you say "following around." lust describe

q. okay. where was that meeting or what was that

5 prior to --

A.

Wall, he follows the officers while they are

A,

well, it was a Meeting in his office. It was

4 what you mean by following your officers around.

6 on patrol. He follows them when they are off duty in

q,

whose?

7 their personal vehicles. He stops when they are in

A.

Bill Peck, You are asking about Bill Peck; is

8 traffic stops and interferes with their traffic stops.

B that correct?

9 He has done a number of things.

Q.

correct. Heating in Bill Peck's office.


Right.

In

10

A.

11 done, He is Wall aware of what he has been doing,

11

q.

Hine months ago.

12

q.

I'm asking you.

12

A.

wall, I didn't say nine months.

13

A.

And I'm telling you this is what I know. You

13

Q.

Roughly.

14

A.

within the last nine months is what you said.


okay.

I mean you can ask your client what all he has

14 would get a better, more complete picture from him if

15

q.

You are wasting time by getting off on that,

16

A.

And that's the answer.

so have you discussed this with anyone else

11

q,

who was in that meeting besides Bill Peck?

18

A.

myself and Sergeant Patnode.

19

Q.

Anyone else?

20

A.

I believe that was it.

well, have you ever discussed it with Gill

21

q.

Was Mr, Franz there?

22

A.

we.

I don't know if I've discussed these stalking

73

Q.

was anyone -- was -- I'm trying to think of

15 he -16

Q.

17

18 besides the volunteers?


19

A.

I'm sure I have, Like I said, I do not

20 know -21

has it been in the last 12

7 months?

q.

22 Pack?
23

A.

24 orders, if that's the question, or are you talking

24 the name of the attorney for the Sunrivel Homeowners

25 about the stalking in general?

25 Association,

kennedy

CASCADE COURT REPORTERS (541) 385-5664

Pages 9 to 12

Exhibit D Page 3
Petitioner's Response

JUH

9. 2U12

3:55PM

No. 1644

P. 39

MICHAEL ALLEN KENNEDY


Joshua, do you know the Sunriver attorney's

Q, where were you born?


MR. FRANZ: If lie doesn't want to answer it, 1

2 name?
A.

I think Josh is right, I don't knew his last

3 don't think it has any relevance to where he was born.


4 You can ask educational background.

4 name.

Ma. WE55UI: I'm going to but I was wandering

Q.

was he in any --

A.

He was not in Bill rock's office, no, That

6 where you were born.

7 meeting x believe to the best of my knowledge, best of

A. And I

B my recollection was between Bill Pack, myself, and

Q.

9 sergeant Patnodo,

A. well, I would just as soon --

Is that a big secret?

10

q.

is it a big secret?

11 Mr. Foster?

11

A.

Don't yell at me.

12

12

10

so what did the three of you discuss regarding

0.

A. We had discussed what the next step was to

MR. FAAllil wait a second. Wait a second.

13 preventing him from stalking our officers and Meat we

13

0.

I would just like you to answer my question.

14 could do to prevent that.

14

A.

I would appreciate you not to yell at we

15

15 again.

Q.

Whose suggestion was it to file stalking

16

Mh, FRAwz; Let's take a time out.

17

A.

I can't answer that.

17

THE H1THESS: or we will be done,

18

Q.

You don't know?

10

(A brief recess was taken.)

19

A.

I didn't file a stalking order.

19

Ha. rRHtl each on the record. we Ara not

20

0.

Any other meetings that you and Bill Peck were

20 going to answer any personal information where there

16 orders?

21 involved in more than nine months Ago where Mr. Foster

21 could be ties, and next time you yell at him we are

22 an discussed?

22 leaving,

23

A.

Here than nine months ago?

23

MR. WBSSOHI I apologize for that.

24

Q.

Yee,

24

Ma, FRAHZ: That's fine. Your apology is

25

A.

Yes, I'm sure there were,

25 accepted, by we at least.

Q. Do you have any minutes or notes of those

Q.

(By MR. Wesson) i apologia, chief Kennedy.


Okay. Let's go to your educational history.

2 meetings?

3 bid you graduate high school?

A.

Ho, I do not.

Q,

You said this goes back six years.

A,

A.

I pulled that number out as just a rough. I

0. And "here?

6 don't know how many years this -- that he has been

A.

Mountain View High school, send.

7 stalking.

Q.

And yeAr7

A. Pardon me7

Q.

You make it sound like he's engaged in an

9 occupation of stalking Your police officers; is that


10 correct?
11

A.

He has dedicated a lot more time to it than

12 anybody I would have Imagined would be willing to do.

Yes, I did.

q.

The year?

10

A.

The year was 1900.

11

Q.

Do you have any education subsequent to

12 finishing high school?


13

A.

14 ever been convicted of a crime?

14

Q. And what is your formal education beyond high

15 school?

13

0.

Let we go on with by questions her,, have you

I have not,

Yes, F do.

19

A.

16

0. what Is your data of birth?

17

A.

18

q, Rave you ever gone by any other names?

18 have a four-year degree in social science through

19

A.

19 southern Oregon,

20

Q. where were you horn?

21

A,

16

A.

I've got a two-year degree, associates degree

17 in law enforcement through Central Texas college, and x

12/28/61.

Mike, short for Michael,

20

I'm not sure of the relevance of these

Q.

How, when did you first get involved with law

21 ohforeewebt?
22

A.

23

Q.

lust answer it. where were you born?

23

Q. And Where was that?

24

A.

He. I think that you are -- I'm not going

24

A.

Redmond Police Department.

25

Q.

That was your first job as a police officer?

22 questions.

25 to --

kennedy

It was the early eighties,

CASCADE COURT REPORTERS (541) 385-5664

Pages 13 to 16

Exhibit D Page 4
Petitioner's Response

JuH

9. 2012

3:56PM

P. 40

No. 1644

MICHAEL ALLEN KENNEDY


1

A,

yeah. I wes a reserve for Redmond Police

I police officer?

2 pepartment.

A.

t do.

q.

when did you receive that certification?

d officer?

A.

I couldn't tell you off the top of

5 My OPSST number was issued when S was a reserve in the

0.

And When did you become a regular police

A, After that I went into the Air Force where 1

6 was a security police.

6 early '801,

q. where wore you based?

A.

8 course of your employment?

I was hased'in Texas and also in Masao Air

q,

Have you over been disciplined

by

head,

during the

can remember.

A.

no, not that

10

q.

so were you honorably discharged?

10

Q.

I'm sorry, I didn't finish my -- the litany.

11

A,

Yes, I was.

11 So you went to Redmond, and x just want to know years

12

q. So When

9 Force ease, Japan.

YOU

Out out of the Air Force where did

12 and Where.

13 you go to work? Were you an officer or an enlisted

13

A.

Okay.

14 .an?

1A

q,

So just take me through that right up to

15 today, if you would.

15

A,

16

q. What was your highest rank when you finished?

17

A,

Enlisted.

16

A.

okay. without the documentation S can't

17 really tell you exact years, 'would say somewhere

8-4.

18

Q. That was Four Years active duty?

18 around '83, because I think x enlisted in the Air Force

19

A.

19 in '84, r was at Redmond for about a year, and

it was three and a half. i got an early

think

20 release In '88 when they were cutting back the forces.

20 1 went into the Air Force -- I was delayed enlistment

21 1 had to choose to reenlist to get a new assignment or

21 so T think 1 went in the first part of '85 through '88.

22 to take an early release, and I took the early release

27 sometime in '88, and that's when I came back and went

23 so x could go to college.

23 to school from that period until -- 1990 was when I was

24

24 hired at sunriver. That was March of 1990, I believe.

Q. All right. so when did you got your -- you

25

25 said central Texas -- what was it?

Q.

And you Were hired in what capacity in March

J.

A.

Central Texas.

1 of 1990?

q.

Where Is that located?

A.

police officer.

A.

It's located In Killeen, Texas, but where I

q.

In 1990 the police force wasn't constituted as

4 got my degree was while T was -- there was a -- in

4 it is today, at I correct?

5 144140 Air Force past in Japan they had an extension

6 campus or whenever they call It, overseas campus.

6 or not -- 7000

1 believe, but that's

q.

All right. when did you finish at central

8 Texas? You said you were in the Air Force -not sure.

A.

Most have been around '86.

10

q,

So you are out of the Air Force, you are back

I'm

11 in civilian life, where did you go to work?


12

A.

took -- finished my degree At Southern

A.

Q.

no. we formed a service district in 19 -I'm not sure of the date, 2002, x

9 what was the body you worked for?


10

A,

sunriver owners Association was our employer,

11 sunriver Police Department Wee Who x actually Worked


17 for. sunriver Owners -- they were part of the sunriver

13 orogon State college.

13 owners Association.

14

14

Q. And what year did you finish, get your

I'm not sure about that date.

so who did you work for from 1990 to 20027

q.

Let at get this straight. The sunriver Police

15 Department --

15 diploma, graduate?

16

A.

Correct,

17 sure, I was -- t think my last term was the fall of

17

Q.

-- was part of the SunriVor Owners

19 '89, so I don't know if I got my degree at the end of

18 Association.

19 '89 or the beginning of '90.

19

16

A.

S would have to look at the diploma. I'm not

A.

It was a department of the sunriver Owners

20

q, now, do you know what opssT stands far?

20 Association.

21

A.

Yes.

21 . Q.
A.

of the sunriver Police pepartment.

And you Were an employee --

22

Q.

oo you want to tell us?

22

23

A.

Department of Public safety Standards and

23

0.

And when did you become the chief?

24

A.

I don't knew -- have that date. It's been

24 Training.
25

kennedy

Q.

All right. Do you have a certification as A

2$ about ten years, ten Dlua years.

CASCADE COURT REPORTERS (541) 385-5664

Pages 17 to 70

Exhibit D Page 5
Petitioner's Response

JuH

9. 2012

3:56PM

No. 1644

P. 41

MICHAEL ALLEN KENNEDY


1

q, When did Bill Peck become the general manager

2 of the sunriver owners Association?


3

A.

Again, I don't have the exact date but I would

1 you Say supervise, x supervised anybody I was working


2 with that X outranked.
3

Q.

All right. When did you become -- you told me

4 speculate about two years ago,

4 when you became the chief.

q, was he in any capacity prior to that with

5 sunriver?
7

flow many police officers are currently

6 employed by the sunriver police Department?


7

A.

we have -- police officers?

8 department, i believe, is the title. I don't know what

Q.

Yes, not counting summer help, just on a

9 his official title was.

9 year-round basis.

10

A.

we was the head of the community development

Q. Do you know how long he was involved with that

12

A.

10

A.

Well, we have eight officers, two sergeants,

11 myself. You don't want to know about the summer hires?

11 endeavor?
X think he started about the same time I did.

13 a think I -- I think

remember him saying that he

12

q.

Yeah. I do now.

13

A.

eight bike petrol, two administrative, one

14 started in 1990 also.

14 full time, one part time, and about 30 volunteers with

15

15 the citizen patrol, to s supervise somewhere around 50

Q. to both of you have known each other for 20

16 years, almost?

16 people.
All right, what is the territory that the

17

A.

Two decades,

17

10

Q.

5e you were hired as a patrol officer

1B sunriver Police Department covers?

19 originally by the sonriyer Police Department?


20

A.

21

Q. And then you became -- what was the next

19

0.

A.

our area of responsibility is the community of

20 Sunriver.

That's correct.

21

Q.

0o you ever patrol outside the sunriver Police

22 Deportment's area of responsibility?

22 position you held?

A. we take calls when we are asked to take calls

73

A.

corporal,

23

24

Q.

old you have any area of responsibility?

24 and we -- yeah.

25

A.

corporals at that time, they were just shift

25

guess the answer is yes.

Q. who asks you to take calls?

1 supervisors, I would guess, is the best way to describe

A.

pispatch will usually dispatch us.

2 them.

q.

wow, is the sunriver Business Park within or

Q. Then what was your rank?

A.

3 without Your -4

A,

It is outside our jurisdiction.

0, And how long were you a sergeant?

Q.

so do you patrol the sunriver Business Park?

A.

A.

we don't, normally. it's not in our patrol

sergeant.

X don't have the exact number of years, It


there was some blurring of that because I

7 was

7 area.
Would you go there if there was an incident or

B was -- for a while I was a sergeant but i was also the

9 assistant chief because we had a part-time chief, so

9 a need for you to?

Q.

10 even though I hold the rank of sergeant I was

10

A. Absolutely.

11 performing assistant chief functions, so it Was a -- it

11

q.

12 wasn't a clear-cut division during that time period.

12 Business park?

13

q.

Then After being a sergeant did you supervise

13

not who would say please go to sunriver

A. All of our dispatches, except for the ones

14 that our officers -- our office dispatches our officers

14 people as a sergeant?
I did.

15 to come through dispatch.

15

A.

16

q, now many did you supervise?

16

1?

A.

I.-

17 dispatch is but where is dispatch located?

18

q.

surer or winter.

18

A.

Yeah, that's true. well, they weren't broke

19 department currently.

19

u.
A.

I bean I understand what the function Of

piapatch is located in the sheriff's

20 up like they are now. It was a lot cleaner division.

20

Q.

so this cones from the sheriff's office?

21 Right now we have two teams and a sergeant will

21

A.

No.

22 Supervise his team, s0 you can say a sergeant

22

q,

The dispatch.

23 supervisors four officers.

23

A.

Dispatch -- Deschutes county dispatch center

74

24 dispatches for all law enforcement, all fire agencies,

Peck then we worked four tens so our shifts

25 were -- you would work with a lot of people. So when

Kennedy

25 ambulance, in the Deschutes county area. They Just

CASCADE COURT REPORTERS (541) 365-5664

pages 21 to 24

Exhibit D Page 6
Petitioner's Response

JUH

9. 2U12

3:56PM

No.1644

P. 42

MICHAEL ALLEN KENNEDY


A.

There is restaurants over there the officers

1 happen to be physically located in the sheriff's

2 department.

2 can go over and eat at. there is a store over there

Q.

so it's a multi-agency --

3 they ten fregoant to get a soda or whatever,

A.

Dispatch center.

Q.

A,

Q.

what other businesses ore over there besides

5 restaurants and the hardware store?

-- dispatch center?
That's correct,

q. who wakes the decision to call sunriver Police

6 Department and send them to the business park?

A.

There is A variety of businesses there, There

7 is auto mechanic stores, there is tire stores, there


8 is
9

9.

Is there a --

10 dispatchers, They Would he -- they would probably get

10

A.

A whole litany.

11 a request from an agency; for instance, if Deschutes

11

q,

Is there a fly fishing outfit over there, fly

12 County didn't have a deputy close and there was a cell

12 shop?

13 they would -- Deschutes County might make the request,

13

A.

14 If it's a life-threatening cell, the dispatchers might

14

q. who provided police to sunriver before

A.

It would depend on

it would be the

15 well, I guess you answered this. Let me Just play it

15 just make the request that we respond there.

17

16 back to you, make sure I understand it,

Does that answer your question?

16
Q.

I think so, Who covers the Cinder Butte Park,

18 Cinder Butte -- do you know what I speak when

I'M not certain.

say the

okay.

17

A.

10

q. All of you are employees of the district now,

19 cinder Butte perk?

19 correct?

20

A,

20

A,

That's correct.

21

q. who patrols the Lava croak Park?

21

Q.

But prior to that you were all employees of

22

A.

T don't.

I'm not sure.

don't know either one of

23 those parks.

22 the homeowners association?


23

A,

That's correct,

9.

All right.

A.

our officers Were also commissioned by the

24

Q.

Is sunriver an incorporated city?

24

25

A.

Ho, it is not,

25

q,

What is it?

1 Deschutes county sheriff's pepartmmt.

A.

It's just a comunity, unincorporated

Q.

As deputy sheriffs?

A.

Deputy sheriffs.

3 co.munity.
4

Q. Do your officers aver park in the sunriver

5 Business Park?

HR. Wesso'l Excuse us for just a minute,

(A brief recess was taken.)

A.

sunriver Business park?

Q.

Yes. Do they ever go over chore?

7 sunriver Police Department officers arrest people

A.

Absolutely, yes.

8 outside the town of Sunriver?

Q. why would they do that?

10

A. well, they Would go over there to check our

11 Mail. They have to park their vehicle to gat out and

q.

(BY we. WE55os) chief Kennedy, can the

A.

Yes, they can.

10

q.

Has your staff, your police officers ever

11 ticketed citizens for minor criminal offenses, such as

12 check our 0411. When they are taking a call they would

12 a minor in possession, outside the sunriver Police

13 park over there, we have accounts at stores over there

13 Department jurisdiction?

14 that if they were to go over to the business park to --

14

15 I believe it's Wamertime, we have --

15 offense but it's -- they can write -- officers can do

16

q, You call it Hamertime?

16 anything any police officer in the state of Oregon can

17

A.

I think that's what It's called. It's the

A.

Well, minor in possession is not a criminal

17 do. which is they can take action anywhere in the state

10 hardware store in the business park.

18 and make an arrest if they have to make on arrest, and

19

q,

that's the name of it. Ilamnertime?

19 they have -- have and do write traffic citations if

20

A.

nammertima,

20 something occurs in their presence, you know, outside

Q.

so if you get a call from iiamnertlse you would

21 of sunriver,

21

Does that answer you?

22 go over there?

22

23

23

Q,

Yes.

24 Ilamwertime we Would go buy something.

24

A.

Thank you.

25

25

Q.

Do you recognize me, roster, who is here

konnedy

A,

Q.

Not get a call, if We need something from

Okay,

CASCADE COURT REPORTERS (541) 385-5664

Pag es 25 to 76

Exhibit D Page 7
Petitioner's Response

ul.

9.

2012

j:5/PM

No.1644

P. 43

MICHAEL ALLEN KENNEDY


1 today?

q.

So does that --

A.

I do.

A.

I don't know IF I would recognize hi. if I Saw

Q,

Have you ever given a deposition before today?

3 him but z know the name.

A.

I do -- I do believe I did give one many, Many

q,

q,

I love this last name. Rhett Butler. I

5 thought I would get a smile out of you, Rhett Butler.

5 years ago,
Were you a party to the lawsuit or just a

6 do you know phett Butler?


A.

No, not -- again, the name sounds familiar.

A.

I Was just a Witness, I believe,

q,

okay.

q.

Have you ever been accused of lying under

A.

Do you have something I could associate it

7 witness like you are today?

10 oath?

10 with?
Q.

Ho, The Rhett Butler I always think of.

11

A.

Ho, I have not.

11

12

0.

Have you ever given any testimony under oath

12 that's why I was smiling at Mr. Franz, is clerk Gable

13 in any hearings or trials?

13 when he told whatever her name was "I frankly don't

14

A.

vas, I have,

14 give a damned," son.thing like that.

15

q,

Have you ever sued anybody?

15

A.

Right.

16

A.

Ho, X have not,

16

q,

Officer Kasey Hughes, who is sitting here

17

Q. Have you been sued?

17 today, testified under oath that you told him to do

18

A.

No. I have not been sued.

1B quick reports any time he saw Mr, Foster.

19

0.

Do you know how many vehicles Mr. Foster awns?

19

20

A,

No, I do not,

20

21

Q. Do You knew who John Selzer is?

22

A.

Yes, I do.

22

23

q,

Who is help

23

0.

Yes. Did you tell him to do that?

24

A.

He is a resident of sunriver,

24

A,

I don't believe I put it like that.

25

Q.

no you knew how long he has been a resident

25 the officers to document every time they had a problem

is that correct?
A.

I can't tell you whether that's what he

21 testified to or not.
Are you asking me if

did tell him that?

asked

1 with Hr. Foster,

1 there
do not.

A.

q,

have you ever known him in any official

q, When did you ask the officers to start doing

3 that?

4 capacities?

A,

0. And why did you ask the officers to start

A.

He -- I can't quote his whole resume, but he

6 Was on the owners association board, he was on the

I don't recall.

6 doing that?
7

8 our officers.

Q.

All right. New about Scott Hartena, do you

9 knew him?
10

A.

A.

eacause Mr. roster Was harassing and stalking

7 service district board.

q,

Mr. Hughes testified, and I'm reading from his

10 transcript of May 21st, 2010, page 47 and 48,

Yes. I do.

"Q. Now, you testified that Kennedy. chief

11

q.

in whet capacity?

11

12

A.

Ile is a resident of sunriver also, and he has

12 Kennedy, told you to do quick reports any time you saw

13 also been on the owners association board.

13 Foster, correct?

14

q,

Ron Day, do you know who he is?

14

15

A.

Hot well but I do know the name.

15 way we have the best recollection of the occurrences,

16

Q.

In what capacity do you know Mr. Day?

16 yes.

17

A,

I believe he is how again a resident of

18 5unrlver. At one point he had moved out of the


think he moved back, and I think he has

A. yes, It's a practice. Absolutely, That

Q. Now, do you treat other people under

11

18 suspicion the some way?


19

A. Yes.

20 also been on the association board,

20

Q. Do you write them up -- write them all Up

21

q,

Keith Harrow, do you know who he is?

21 instantly?

22

A,

The name sounds familiar. 2 don't --

22

A. Try as quickly as possible, yes, sir.

23

Q.

I even know Keith Narrow, lie used to own The

23

Q. All right, resides Hr. Faster, who else

19 community and

24 Trout House,

24 was on your hit list to follow to make --

2S

25

Kennedy

A,

okay, then yes.

A.

I'm not --

CASCADE COURT REPORTERS (541) 385-5664

Pages 29 to 32

Exhibit D Page 8
Petitioner's Response

u I. 9. 2012

3: 57PM

No. 1644

P. 44

MICHAEL ALLEN KENNEDY


1

Mr, Franz interrupts.

1 stalking and so Forth but he has never been arrested,

HR, FRANZ: wait. I'm going to object to the

2 and I find that curious,

3 form of the question. It's not on his list, hit list.


I'm sorry. I m sorry.

MR. WESSUNI

(BY MR. WESSON) Do you have a list in your

6 depart.ent where there are certain people in the

why wasn't he ever arrested, to your

4 knowledge? Do you knew or you don't know?


5

A.

I -- again, I cannot account for what every

6 officer thinks or what has occurred.


7

B business people. that you keep an eye on?

8 arrested by the Deschutes county Sheriffs office?

A. Absolutely, people that break the law.

10

Q. Okay. 6o when did Hr. Foster break the

11 low?

0.

Are you award that Mr. Foster has never been

7 sunriver eomunity, be they residents, guests or

A.

I'm not aware if Hr. roster has been arrested

10 by anybody.
11

q,

That's right and he hasn't. Do You believe

12

A. he breaks the law all the time,

12 that Mr. roster carries a Weapon?

13

Q. well, have you ever arrested him?

13

A.

14

A. k have not.

14

Q.

Yes,

15

Q. Rae anyone in your department ever

15

A.

Yes, T do.

16 arrested him?

16

q,

Hew do you know that?

17

A. Net to my knowledge, sir.

17

A.

I didn't say I know it, You asked me if k

18

q, So he has never been arrested, has he?

16 believe it.

19

A. NO, air,

19

q.

That's correct. what makes you believe that?

20

MR. FRAIT: Well, Wait a second, never been

20

A.

Because I do.

21 arrested --

21

0, oo you have nything that would cause you to

22

22 believe that?

THE wnHE55; Excuse me, by sunriver, yes. T

00 I believe that?

23 don't have any -- any recollection of other agencies.

23

A.

Yes. I've been told that he carries a weapon.

24

Mg. WESSOHI There aren't any.

24

q,

who told you that?

25

Q. out

25

A.

I believe I've heard it from a couple

so do you keep this -- this

1 outlook or lookout, I should say, lookout for other

I different sources.

2 people that do business in Sunriver7

q,

who?

A, people that commit crimes. but --

A.

This has been over a period of many years. 1

Q. Well, has he committed any crimes?

4 can't recall who all has told ma,


Well, x can see his carrying a rifle if he is

A. Yes,

q. what?

6 going out deer hunting. I can see that maybe, but the

A. Disorderly conduct, interfering with a

7 implication is that he is always armed,

B peace officer, menacing. harassment, stalking.


9

q, was he over -- was he ever arrested for

10 any of those?
11

A. No; fortunately for him, no."

12

Q.

(BY M.

wEssoh)

I'm curious, do you know why

Q.

so do you believe he is always armed?

8
9

A.

Did I make that implication?

10

q,

Ho. I'm just saying that's what It sounds

11 like, so is he always armed?


12

A.

-- you asked if I believe he is armed and

13 your officers wouldn't arrest Mr. Foster if they

13 believe he is armed,

14 thought he was breaking the law?

14

Q.

Yeah.

15

A.

I myself am armed.

A.

Is that a question?

16

Q.

That's a question.

16 This is --

17

A.

okay. You are asking me why they wouldn't

17

16 arrest Mr, Foster If they thought he was breaking e

18

q.

19 law?

19

A,

15

20

Q.

21
22

A.

24

Q.

I really haven't soon him a lot, period.


while you are looking at that document, do you

MIt. rkANZ: xf you know,

21 mind if we take a break?

I can't account for what every officer is

22

MA. WESSONI co right ahead. off the record.

(A brief recess was token.)

23

25 have testified that there is a multitude of his

kennedy

Have you over seen his with a weapon?

20

out you have said there was this list. You

24

It's not against the law.

MR, WESSON: x'm frisking you.

Yes,

23 thinking.

0.

(BY Ha. WESSON) pack on the record. chief

25 Kennedy, r want to show you an exhibit which Hr. Front

CASCADE COURT REPORTERS (541) 385-5664

pages 33 to 36

Exhibit D Page 9
Petitioner's Response

JuH

9. 2012

3:57PM

No. 1644

P. 45

MICHAEL ALLEN KENNEDY


1 already has, lust take a quick review, quick read of
2 Exhibit 11 there,

1 like we to speculate?
2
q, well, to the best of your Memory when is the

A.

I should have brought My glasses. okay.

3 most recent conversation that you had?

Q.

chief, you had an opportunity to look at

A.

think to the best of my recollection, I em

S speculating at this point just to let you know, I

5 Exhibit 31, correct?


6

A.

Yes. It says Exhibit 11,

6 believe I called the District Attorney's Office,

Q.

Yes. And that's addressed to whom, this memo?

7 although I wouldn't swear to it, after Bob Foster tried

A.

To Ma.

B to follow sergeant patnode hose.

q,

xt'S from Whom?

10

A.

officer Tiffany Hughes.

11

Q. Why did you have officer Hughes prepare this

no you rewewber the deputy district attorney

11

A.

I would be speculating if x did. most of the

12 time when you call up there you ask for a deputy DA and

12 memo?
13

Q.

10 you talked to, who It was?

A,

I had all of my officers docuaenting any

13 they give you whoever is available.


q, When was the first time that you talked to a

14 contacts, unwanted contacts they had With Bob Foster,

14

15

15 PA? The very first time you ever talked to a DA about

Q.

Is there anything illegal in Exhibit 11 that

16 Hr. Foster did?

16 Bob Foster,

17

A.

17

A,

19

Q. You have read Exhibit 11,

18

q. wall, would you say -- lot me ask you, has it

19

A,

That's correct.

19 been were than on one occasion?

20

q.

Does it reflect any illegal conduct on Mr.

20

I'm not aura what you are talking about.

A.

I couldn't even begin to guess.

I've -- as I've already answered, several

21 roster's part?

21 times I believe I've talked to deputy DA's.

22

22

Q.

but you can't remember when?

23 she just documented -- what I asked her to document Mn

23

A.

He.

21 any unwanted contact.

24

Q.

Do

25

q,

How was that contact unwanted?

25 patnode, Officer Kasey Hughes, Attorney Hannah

A.

You would have to ask Tiffany Hughes.

q,

she didn't explain to you how it was unwanted?

2 yourself at the sunriver Homeowners Association?

A.

I didn't question her about it that I recall,

A.

Ho,

Q.

po you recall approximately four years ago

Q.

Showing you what's been marked as Exhibit 1-A.

A.

Well, I can't say what Mr. Foster was doing.

didn't writo down the dates,

you recall a meeting

between

sergeant

I Nelsen-Vehrs, Bob Front, Hugh Palsec, lush Newton and

do not.

5 telling officer Hughes that you had a conversation with

5 would you read that, please,

6 a district attorney regarding Hr. Foster?

A.

okay.

A,

Which officer Hughes are you talking?

q.

okay. chief Kennedy, you had an opportunity

q.

Good question. Tiffany.

8 to look at Exhibit 1-A. Are you familiar with that

A.

okay. I do not recall that conversation,

10

q,

00

11

A.

I do not recall most conversations I had four

you recall with her husband Kasey?

9 document?
10

A.

it appears to be documentation of a contact

11 with Bob Foster by sergeant patnode.

ever remember

seeing

it before today?

12 years ago.

12

Q.

no you

13

13

A.

I read these before I put them in my files.

q.

okay. Do you ever recall ever in your life in

14 sunriver speaking to a district attorney about Bob

14 If it was in that file, then I've read it, yes.

15 poster?

15

A.

But you don't remember it?

That I do recall.

ld

A.

I don't. Doesn't particularly ring any bells

4.

All right. So do you want to toll me about

17 with me.

A.

I've talked to multiple district attorneys

16

A.

17

as

18

It?

19

20 about Bob Foster. I should say deputy district


21 attorneys.
72

Q.

Yes, when do you recall was the most recent

23 one?
24

A.

I believe the most recent one would have

25 been -- you have asked me not to speculate. Would you

kennedy

Q.

I want to go back to

I asked you about a

19 nesting. x want to take each year, see if

can help

20 refresh your memory regarding Meetings with you, hill


21 Peck, and any of your officers to discuss Bob Foster.
22

A.

Okay,

23

q.

so do you recall any in 2004?

24

A.

I'm not going to -- you have directed we to

25 not speculate and I'm trying to follow your directions

CASCADE COURT REPORTERS (641) 385-5664

Pages 37 to 40

Exhibit D Page 10

Petitioner's Response

JuH 9. 2012

3:57PM

No. 1644

P.

46

MICHAEL ALLEN KENNEDY

7 STATE OF OREGON

That's fine. Vos, you remember or no, you

A.

55.

3 COUNTY OF DS5611uTe5

3 don't?
4

CERTIFICATE

1 here.

I've had Meetings over the years, I could hot

4
y, GENIE L. KELLEY, certified shorthand

S tell you the year. I mean we could go through each

6 year but --

6 Reporter, do hereby certify:

q.

2005, do you remonbar anything?

A.

Same answer,

8 appeared before Me MICHAEL AULeH KENHEDV, the witness

That on June 15, 1010, at 9:30 a.m.,

q.

20067 X just want to see if something Might

9 whose deposition is contained herein; that prior to

10 trigger as we go through these. 7006.

10 being examined he was by me duly sworn;

11

11

A. We have --

12

MR. FRAN7: lust say that you don't remember.

13

THE WITNESS: I don't rcmember the years or

That the deposition was taken down by Me in

12 machine shorthand and was thereafter reduced to writing


13 through computer-aided transcription, that the

14 dates of any beatings I've had regarding Bob Foster, I

14 foregoing represents to the best of my ability, a true

15 can -- k mean I wouldn't even be able to give you good

15 and correct transcript of the proceedings had in the


16 foregoing matter.

16 speculation.

17

MR. WESSON: All right, I want to -- if you

17

T further certify that T am not as attorney

10 guys would Oust please sit tight for three or four

18 for any of the parties hereto, nor in any way concerned

19 Minutes, I want to visit with my client and we may be

19 with the cause.

20 through, or I may have one or two more questions, If

70

21 you will lust bear with us,

21 in teed, Oregon.

7010,

22

77

CA brief recess was taken.)

23

RR, WESSON: okay. That's it. Thank you for

23
24

24 coming,

25

PAYED this 15th day of oune,

MR. FRAM: Thank you,

GENIE L. KELLEY, CH, CSR


Registered Professional Reporter

75
42

(Deposition concluded at 10:34 a.m.)

3
4

5
6
7
B
9
10
11
12
33
14
15
16
17
18
19
20
21
27

73
24
25

konnedy

CASCADE COURT REPORTERS (541) 385-5664

Pages 41 to 43

Exhibit D Page 11
Petitioner's Response

Jul

9. 2012 3:58PM

No.1644

PAGE 03/03

SRPD

5415531870

02/07/2011 14;24

P. 47

In/1A

Court of the State of Oregon

in the c1Rcun

For the County of eschutea


....fSA9?aX... Hhd4.~.E.$.. ..............................................................

1 9T9 9 27418
No......Q...........................

.........................................................................................................
~'laintill

va.

CIVIL SUBPOENA

ROBERT B. tOSTER

................h.....................................................................................
,

Defendant

C1fTEF MICHAEL RENNppX


You hereby

ire rapiired to appear In the Above entitled court of Room (to....B................ of the county court

.............. Prage on the


County in the city of
i ea ..............
. .
-._._..,
Fe re1k #Xx....rZ#1
.
_...,
... .. at .....9.i d '.......,.,.o bock ]1,,.yif., - eo tea llfy as a witness in
o/: ...................
y:,_,..
Above entitled CAUsa on behalf of the following named party(Jcs) . ................ Rohs =t S. Pastas

house of ........... MAP..p),

t
...,......4....,
day
the

....................................................and to remain until the testimony is closed unleaa you are


sooner discharged. At the end of such day's sllendonce you may demand of'naid parly(fon) or their attorney the
payment of legal witness fees for the next following day and it not then pnld, you are not abl}gated to remain longer
in attendance.
You Are commanded to bring with you ...........................................................................-...................................................
t Issued

bared

..............oy
)t 2011 ._ ,

Fiehruary 4,

Frank

11 applicable, Ih, book,, paper,, dnrnvnt, Vr Ieo(fblo thlry.: II any

item
rho dlfe of the dmViroor. Lu. CIVIL SUBPOENA DUCKS TECUM.

,r.

We69a11s OSB No. 901341

hind, the uo.J, DUCKS TECUM should be Added to

t A rPbpoena - lay he blued In bleak by the clerk of rho rears In which the frlen If pending . or 11 More h no clerk, Then by a Jud(. or
judce of r..oh nwrrt or It may be t..u.d by An sltofn,Y of record of the pony rV he tloa In whWa behalf the whole 1, requIttd is
App,.,. Sr. OROP Rule 55 C. (I)

I hereby certily that

the foregoing it a complete and exact copy o he original subpoena in (lie above entitled

cause as the same appears in my hands for service,

.~ ..

i M. LIA![YII[t

Brank S, WeSOn, .., OSB Nn,. .901341


Witness fop
h511stlge

3O

OO_,,,_,.____.

........ . . . .. . .. . ............

STATE OR OR60ON, County of (rVds//IS Ii?'


) hereby w,dly that I carved the within.uhpoeM on the
of ...

PrSVn

'total

35.00
"..

16 ' y ..

J... ..

..

r
... .... day

. . an the within named

- ..

..

by del aria( to him/her n ropy thereof personally and divInd or ollelin to hem/her
At the woe tim e the I,,, and mlir.pa (see oppodre) to which helche Is entitled far
,,Aral to and Non. the plow fell
d In ld w6poom, end one day a sl uw,nee;
he Ad, ul le y
shut 1 .-I A ermprtenr Person

12725 SN 66th Avenue , Suite 101


:f?ott alld, OR, - 9,7223

(503) 292-5122
.........

.. ..................

' ..........[tudV. OP can W .r


top .cal
l. ,n. wc of! .[n..Y lnY wnNlfY I. pm W..n vn u'-'{p

CIVIL ftIPOtHA

Exhibit D Page 12
Petitioner's Response

u I. 9. 2012

3: 58PM

02/07/2011 14:24

No. 1644

5415931870

SRPD

P. 48

PAGE 01/03

Sunriver Police Department


Post Office Uox4788 Sunriver+ OR 97707
(541) 593-1014 (541) 593-1870 fixv

Fax Transmission Information

To:

I Iannah Meisen-Vebrs

From

Mike Kennedy

Fax;

54741
=
8234

Pages:

Data:

02/07/I 1

Ref

Exhibit D Page 13
Petitioner's Response

JuH 9. 2012

3:58PM

No. 1644

P. 49

DESCHUTES COUNTY SHERIFF'S OFFICE


63333 Highway 20 West Bend OR 97701
Phone: (541) 388-6655 Fax: (541) 389-6835
(

OFFENSE REPORT
Case% 10-10-65086
1 of 2
Page:
11:11:55 22 SEP 2010
Report Type' CRIM Criminal
Agenoy, SO
Statues Cleared/UCR Shifts D Grid: 2011
DA Case#: 0200771
Detail: Y
Approved; Al).; Y
Face; Y
Distributions

[] DCSO
[ ] DA

Reported Date/Time: 09/10/2010 12:19


occurred bate/Time: 09/10/2010 11:45
Offense codes
VCOM VIOLATING COURT'S STALKING PROTECTIVE ORDER (163.750(M)) [1 COUNT]
Location of Offenses 56896 VENTURE LN LAPINE OR 97739

Names, Pardon types, and Informations


WOODMAN, DEP JASON (705984)
DCSO PATROL
(

ARRESTING OFFICER (AROF)

Employer;

FOSTER, ROBERT BENJAMIN (96107)


ARRESTED PERSON / PHYSICAL CUSTODY /
LODGED (ARR)
DOB: 08/31/1959 POE; OR RaceSex; WM Height:
511
Weight: 170
DL(]: 3546291 OR
Eyes: BRO
Hair; BRO
Address; 56789 STELLAR, BEND OR 97707 Mail; P0 BOX 3833,
Employer: TUBS ALIVE
SUNRIVER OR 97707
Phone: (541) 593-2386
Addr; 1088 VENTURE LN Ph#; (541) 593-5163 Arrest Dt: 09/10/10
Tm: 15:25
HUGHES, OFCR KASEY SAMUEL (559342)
VICTIM (VICT) Mail; PO BOX
Employer; SUNRIVER
4154, SUNRIVER OR 97707 DPSST/DA#: 40200
PD
BEATY, SGT PATRICK JASON (244531)
Employer: SUNRIVER P D
KENNEDY, CHIEF MICHAEL (142137)
Employer: CHIEF SUNRIVER PD

WITNESS (WITN)
WITNESS (WITH)

DPSST/DA#; 31357
DPSST/DA]]: 16573

AKA'S:
CONTRERAS, ORLANDO JOHN (406202)
WITNESS (WITH)
CONTRERAS,ORLAND CONTRERAS,JOHN ORLANDO DOB: 05/30/1962
Hair; BRO Eyes: BRO
RaceSex; NM Height: 602
Weight: 220
DL#: 8898222 OR Address: 16892 S CENTURY DRIVE, BEND OR 97707
Employer!
Phone: (541) 593-.7379
Cell/Other: (541) 419-5584
CROSSROADS STORE Addr; SUNRIVER Ph#: 593-8767
l _ FESLER, DAVID ALLEN (662845)

WITNESS (WITN)

DOB: 07/19/1985

Exhibit D Page 14
Petitioner's Response

Jul. 9. 2012

3:58PM

No.1644

P. 50

DESCHUTES COUNTY SHERIFF'S OFFICE


63333 Highway 20 West Send OR 97701
Phone: (541) 3BB-6655 Fax: (541) 389-6835
OFFENSE REPORT
Case,

10-10 -65086

2 of 2
Page:
11;11:55 22 SEP 2010
Report Type, CRIM Criminal
Hair: BRO Eyes; BRO
RaceSex: WM Height; 600 weight: 165
DUN: 7623936 OR Address; 51454 JORY RD, LAPINE OR 97739
Phone: (541) 536-1375 Employer: OREGON YOUTH CHALLENGE Addr:
SEND Ph(); 317-9623
AKA:
CONTACTED PERSON (CONT)
MCKITTRICK, BOND BURGEN (447652)
MCKITTRICK,BURGEN BOND DOB: 03/24/1971 PUB: OR RaceSex: WM
UL{); 4560471
Eyes: BRO
Height: 510
Weight; 180
Hair: BRO
OR Address; 15858 BUSHBERRY COURT, LAPINE OR 97739 Mail: PO
Cell/
Phone: (541) 536-1676
BOX 4673, SUNRIVER OR 97707
Other: 419-5399 Employer: CROSSROADS STATION Addr: SUNRIVER
BUSINESS PARK
AKA'S;
FIRM / BUSINESS (FIRM)
CROSSROADS STATION, (239395)
CROSSROADS 76 CROSSROADS BP STATION SUNRIVER SHELL CROSSROADS
UNION 76 RaceSex: XX Address; 56896 VENTURE LN, SUNRIVER OR
97707
Phone: 593-8767
ASSISTING OFFICER / DEPUTY /
ZILK, DEP RANDALL CARL (570548)
Employer: DCSO DEPUTY
POLICEMAN (ASST)
DPSST/DA#; 45701
ASSISTING OFFICER / DEPUTY / POLICEMAN
SLATER, DEP KEITH D (593785)
DPSST/DA#: 45959 Employer: DCSO DEPUTY
(ASST)

Evidence report follows,


Report entered by:
JAL 10:54 09/14/10 966
JAL 09:41 09/14/10 966

18:42 09/10/10 702


JW
JAS 18,42 09/10/10 702

Approvals: Face: A9; Detail; A9;


UCR:
ETC,
VCOM

Clearance; Arrest

Premise: 39 CONVENIENCE STORE ( 7-11, CIRCLE K,

DUIl i N MVA , N Cites , N

Exhibit D Page 15
Petitioner's Response

Jul. 9. 2012

3:59PM

Page 1

No. 1644

P. 51

of 2
Deschutes County Sheriff's Office
Detail Page
Caseft 10-10-65006

I)

DCSO
( ] DA
Reported bate/Timer 09/10/2010 12:19
Occurred Pate/Times 09/10/2010 11:45
Reporting Officer: WOOPMAN,JASON DPSBT#
Arresting officer:
WOODMAN,JASON PPSST#
Arrested:

FOSTER, ROBERT BENJAMIN (96107)

Report by: Deputy Jason Woodman


Dated: 9/10/10
ATTACHMENTS:
1. Copy of Stalking Protective Order
2. Copy of Intake Form
3. Copy of Evidence Form
SUMMARY NARRATIVE,
on 9/10/10 at about 1400 hours, Deputy Zilk and I responded to the Crossroads
station at 56896 Venture Ln. in sunriver, OR to investigate a report of a
iolation of a stalking protective order. The victim, Kasey Hughes, is a
.unriver Police Officer. Hughes told me he has a stalking protective order
against Robert Foster. Hughes said Foster has violated the order several times
in the past three weeks and Foster violated it again today, Hughes said he had
details of the other violations prior today written down at his office and he
would get them to me later,
I received a copy of the order from Deputy Slater who said he received the copy
from Deschutes County Jail. The order lists Kasey Hughes as the petitioner and
Robert B. Foster as the respondent. The order is active under case number
108T0027MS and states the order is valid until the data of the trial, which is
October 7, 2010.
The order states "It is hereby ordered that Respondent is restrained
(prohibited) from intentionally, knowingly or recklessly having contact, as
directed below, with, Petitioner." The order further explains "contact"
includes coming within 1,000 feet Into the visual or physical presence of the
protected person.
Hughes said he, Sgt. Beaty and Chief Kennedy were doing follow-up at the
Crossroads station at about 1145 hours. While they were there, Foster arrived
and sat outside of Crossroads Station about 50-100 feet away from where Hughes
was inside the store, When Hughes went outside of the store, Poster got into
his truck and drove towards the rear of the business. Hughes thought Foster
left the area,
..ughes had to interview another employee, John Contreras, at Crossroads Station
Hughes and Contreras went out the backdoor of the store to speak privately.
Printed: 11:11:55 22 SEp 2010

By: Sap

Exhibit D Page 16
Petitioner's Response

Jul. 9. 2012

Page 2

3:59PM

No.1644

P. 52

of 2
Deschutes County Sheriff's Office
Detail Page
Casey 1010 -65086

When Hughes walked out the backdoor, Foster was sitting in his truck parked
behind Crossroads station. Poster drove his truck a short distance to the gas
pumps on the east side of the property about 100 feet from where Hughes was.
Foster remained at the gas pumps for roughly 8 minutes while he washed his
After fueling his truck, Poster left.
windows and stared at Hughes,
I contacted Poster at his business at 108 Venture Ln. Suite 110 south in
sunriver, OR, Foster said he was aware of the stalking protective order and
said he was only near Hughes while conducting business and he left as soon as
his business was done. I arrested Foster for 163.750 ORS, Violation of stalking
Protective Order, I placed Foster In handcuffs and checked them for tightness,
r transported Foster to the Deschutes County Jail and lodged him for the above
,Mentioned charge.
2aee closed with arrest,
is a summary narrative with full report to follow.
END OF SUMMARY REPORT.

Printed: 11:11i55 22 SEP 2010

By; SRP

Exhibit D Page 17
Petitioner's Response

Jul. 9. 2012

3:59PM

No.1644

P. 53

On September 10, 2010, at approximately 1130 hours, I was at assisting


Chief Kennedy and Sergeant Beaty with an investigation regarding a
citizen's complaint at the Crossroads Gas Station on Venture Lane, At
approximately 1140 hours, the three of us returned to the unmarked
patrol vehicle we left parked In front of the store, This patrol vehicle is
solid white in color, with two spot lights, visible emergency lights in the
front and rear dash, and public "E plates." Chief Kennedy and Sgt.
Beaty were wearing uniforms with badges prominently displayed, I was
wearing khaki slacks and a black polo shirt, with my badge and service
weapon on my right hip.
Immediately upon exiting the store, I saw a Bob Foster's white regular
cab Ford Superduty pickup parked a few parking spaces away from the
patrol car. I also saw Foster sitting at a table directly in front of his truck,
and near the front doors of the Sunriver Video Store, Foster appeared
to be writing on a notepad and looked directly at me as I walked toward
the patrol car. I briefly talked with my Chief regarding the remainder of
the investigation we were at the store for, and I saw Foster get into his
truck and drive around the west side of the building toward the car wash.
At time, I believed Foster had left the area,
I walked back into the Crossroads Store and asked John Contreras to
speak with me outside, Contreras walked with me to a picnic table
located on the northeast side of the building. As we walked toward the
back of the building, I saw Foster sitting In his truck approximately two
car lengths away from me, Foster's truck was still running, and he
looked directly at me. I walked back to the front of the building and
advised Sgt. Beaty that Foster was still in the parking lot, and clearly
violating the stalking order.
Foster pulled his truck Into the gas pumps, which are located thirty to
forty feet away from the picnic table Contreras and I were standing by. I
noted the time was "1145" on my wristwatch, and continued talking with
Contreras. At one point, I noticed Foster standing outside his vehicle
staring at me, I also noticed him washing his windshield very slowly,
and Contreras made the comment, "man he's eye-fucking you." Due to
Foster's behavior, Sgt. Beaty approached me and suggested that we

page I

Exhibit D Page 18
Petitioner's Response

Jul. 9. 2012

3: 59PM

No. 1644

P. 54

leave. I told Contreras I would talk with him later and cleared the area.
Foster was still at the gas pumps when I left.

Page 2

Exhibit D Page 19
Petitioner's Response

u . 9. 2012

3:59PM

No. 1644

P. 55

MICHAEL ALLEN KENNEDY


I

IN INE c1BCOIT COURT OF Tilt STATE OT OREGON

FOR TIIE MMONTY Or DESCIIUTES

2 called as a tlitneea on behalf of Respond4nt, being


I first duly sworn tD toll the truth, the whole truth and

3 30SEPH PATIIOOF,

4
5

4 nothing but the truth, was examined and testified as

Petltionor,
Casa Ito, 10510078-NS

vs.

S follewal
6

U ROBERT I'. F05TER,


7

Respondent.

a KAnev livaliES.
Petitioner,
ye,

9
Case He. 10ST0027-MS

11 ROBERT 0, FOSTER,
17

FYRIIIIATIOH
0.

(BY MR. WESSON)

chief Kennedy. would you

6 stato and spell your name for the court reporter.

9
10

MICHAEL ALLEN KEIINEOV

11
Respondent.

A, okay.

Lt's Michael Allen Kennedy.

1O HI-O-11- A -k-L, A-L-L-E-11, K-F-H- NE -D-Y.


q.

You understand T'e going to take your

12 deposition today?

13

11

A.

I understand,

14

14

q,

And It's due to the two stalking orders that

15

15 officers Patnede and 1lughes flied against Bob Foster.

OcPOSITIel1 OF HT IaEL A Allt


t-fl, - fl, Kr I lr Y

16 commencing at 0130 an, on Tuesday, 3uno 15, 2010, at

18

17 501 S.W. H111 View way, mend, Oregon 97702, before

17

IN GLNIE L. KELLEY, R.P.a., C.IL, G.E.R. 190.0149.

16

Are you aware of that?


A.

Ian.

is

10

going to ask you a series of questlohe


Q.
19 regnrdih9 these stalking orders.
no you understand that?

20

20

21

21

A,

I Understand.

22

22

0.

If at any time you don't understand one of BY

23

21 questions, please say 6o and I will repent it or

24 OUR rile o- 1 7365

24 rephrase it until you do understand the Question.

25

2S Do you understand [hit rule?

4
1

Mt!a!MsLS FcOlillSfi

2 Eer eetitlanars i
3

RoeEOlT E. FMNT, 3R., ESq,


SSk
[t
springP)old , Oregon 97411

4
5 For 111URadtnh i
6

a
9 A11e C ULEnt :

11

15
16

nfl

HR. W6550N

17 ER terry EO u IOtlrrFP rrnTenn


Ia

NONE

q,

If at say Ike you don't hear one of Ry

3 quaetions, plensa say s0 and I will repeat it to ensure


A that yep do hoar it,
6

Go you understand that?

A.

I understand.

All of your enamors Host he vernal since the


q,
8 court reporter cannot take down wen-verbal cues, such
Do you understand that all your responses most

11 be stated in words?

-2(
IIAT IaN

10

12
13
14

I do.

6 as a nod of the head 01' Shrug of the shoulders.

Kasey Hughes
Joseph Patnode
Itobart Fester

10

A.

S
FIWIK S. WESgSON, pAq,
$0 seAigsrleon and St"Ol"n1I
77
Suit SW oleaan Rand
Portland, Oregon 07223

12

A,

ado,

13

Q.

You must speak elderly and distinctly.

Do you

14 understand that?
P
3
F.Au

15

A,

I understand.

16

0.

If you do net knew the answer to a question,

17 simply stake you do hot knew.

do not oxpect you to

38 guess or to speculate as to responses.

19

19

20

20

A.

T understand.

21

21

Q.

Please nice suro your answers are clear for

22

22 the record so the Count reporter can actel'atoly

23

23 transcribe each of the words you stator

z4

24

25

25

kennedy

no you understand that rule?

go you understand that?


A.

I understand.

CASCADE COURT REPORTERS (541) 385-5664

Pagos I to 4

Exhibit D Page 20
Petitioner's Response

JuH

9. 2012 4: 00PM

No. 1644

P. 56

MICHAEL ALLEN KENNEDY


1

q,

please Wait Until I finish each of ay

I your responses today?

2 questions before answering, and I will Wait Until you

A.

Ito, I'm not,

3 finish each of your answers before I ask another

q,

no you have any physical impairment that may

4 question. In this Way the court reporter keeps a clear

4 affect your responses today?

S record without Interruption.

A,

not that I'm aware of.

is there anything that has oeeurrad that may


Q.
7 affect your' responses, like lack of sleepy

Do You understand that?

A,

q, we will take a break about every hour to give

I understand.

9 the court reporter and all of us a chance to refresh


10 ourselves. but if you need a break prior to that time

A.

no.

0.

to there anything that has occurred -- strike

10 that.
slow, changing the subject, tall no what you

11 please request one and We will take one,

11

12

00 you understand that?

It have looked at to prepare for your deposition today,

13

A.

I upderd[0hd,

13

A. now far back do you want na to go?

14

0.

you understand that the deposition will be

14

0. Well, I'm talking about did you look at

15 transcribed by the court reporter end Clint everything

is something in the last two or three weeks -- wall, You

16 said here today will be recorded?

16 didn't know Your deposition Was going to be taken until

17

17 just a Weak or

0o

you understand that?

a0

ago,

to

A.

I understand,

as

19

0,

DO you understand that at trial all the

10 I pulled up the statutes yesterday that were quoted in

A.

eight. Ibis warning I reviewed the subpoena.

20 testimony given here today will be available in written

20 the subpoena and familiarised myself with these

21 form and if I ask you a question at trial din I osk

21 statutes,

22 you today, you nay be asked to onpinln or othalwlso

22

23 account for any difference to your answers that nay

23 officer wughes' depositions?

24 occur.
25

q.

24
pD you understand that?

A.

Did you look of either officer ratnudo or


I did, but I think that was prior to ny being

25 subpoenaed.

A.

I Understand,

q,

All right. You haven't --

n,

AD you understand that your testimony is being

A.

But t'n not sera about that,

3 given under oath as If you were in a court of law; that

0. YOU haven't lead then lust to prepare for this

4 is you have been sworn to tell the truth and it you

4 deposition?
I didn't read them within the lest couple days

5 fail to do so adverse consequences could result?

6 if that's what you are Asking.

0o

you Understand Chat?

A.

A,

I understand.

q,

oo you understand each and every one of these

e stalking orders?

9 rules as I've stated then?

Q. And did you read their petitions for the

A.

I'a

10

A,

I do.

10 copletely,

11

Q.

you understand that those rules assure that if

11

not sure that I've ever read them

q, Who have you spoken to about this case other

12 I ask a question and you give an answer to that

12 than W,'. Frans?

13 question, it will be assumed that you understood the

13

14 question as posed and your answer is intended to be

14 want

A. deny people, flow far -- how mach do you

IS responsive as rendered?

is

0. I want to know who you have spoken to.

IO

no you understand this statement?

16

A.

I'm not going to be Able to give you

17

A.

Could you read It again, pleeeo?

11 Complete list because like I said it's been many

is

Q.

sure. You understand that these rules assure

16 people. 6 erybody in our oipanieation is aware Of this

19 that If I ask a question and you give an answer to that

19 case,

20 question it will be assumed that you understood the

20

q. okay.

21 question as posed and your answer Is intended to he

21

A.

22 1'eepohsiva as rendoted?

22 Anybody Who n,igbt be affected by it,

That includes o11r paid staff, our volunteers,

23

A.

I understand.

23

24

0.

Are you under the Influence of Any drugs. such

24 picture of what you have dlscussed with your paid

25 as marijuana or prescription drugs, which may effect

kennedy

0. ad, nt have you -- just vivo as a general

25 staff,

CASCADE COURT REPORTERS (641) 3855864

pages 5 to 6

Exhibit D Page 21
Petitioner's Response

J uH 9. 1011

4:00PM

No. 1644

P. 57

MICHAEL ALLEN KENNEDY


9
1
A, You are talking about recently, over the lest
2 six years this has been going an or what? what exactly
3 do you want to knew?
4
4. 1 Just want to knew most recently what have
S you discussed with your paid staff regarding thee* two
6 chaos.
1
A. I don't know that t'y4 had any convereetions
8 recently with paid staff, mid I'M not sure it's
9 regarding this ease particularly. It's more involving
10 the entire stalking that Hr. Foster has been doing to
11 out department,
12
q.
so yoU have talked to your paid staff. have
13 you talked to anyone outside the paid staff?
14
A, Yes. There are volunteers that Work for our
15 organization,
16
Q, Are we talking about civilian volunteers?
17
A. Talking about our citizen patrol, we have
18 somewhere around 10 volunteers, they also drive a
39 Marked vehicle vary similar to our patrol vehicles and,
20 you know, we have given then heads up to he aware of
21 your client because he Is stalking oar officers that he
22 may be a danger to them,
73
4. 10 he has been a danger to your departewnt for
24 nix years, would you say?
25
A, I don't know how long he has had the obsession
1v
1 with following oul' officers around, but I just picked
2 that hinder as -3
q, so YOU say "following around," just describe
4 what you wean by following your officers around,
5
A, Wall, he Yellows the officer, while they are
6 on patrol. Ile follows them when they are off duty in
7 their personal vehicles. We stops when they are in
e traffic Stops and Interlor4s with their traffic stops.
9 Ile has done a labor Of things.
10
I mean you can Ask your client what all he has
11 dons, He is well aware of what hp has been doing,
12
q.
I'm asking you.
13
A. And I'm telling you this Is what I know, You
14 Would get A better, more complete picture cross him if
16 he -16
Q. You are wasting time by getting off on that,
17
50 have you discussed this With anyone also
16 besides the volunteers?
39
A. l's auto I have, Like I said, 'do not
20 know -?1
Q. Well, have you ever discussed it with Bill
72 Peck?
23
A. I don't know If I've discussed these stalking
?A orders, if that's the question, or are you talking
25 about the stalking in general?
konnedy

1
q,
stalking in general,
2
A, Yet. As A matter of fact, we have discussed
3 it,
4
Q. when did you discuss it?
A. t don't know the data.
5
6
q, well, let's go -- has it been in the lost 12
7 maths?
8
A, Yea.
9
Q. Ilan It been In the last six months? You can't
10 look to him fm' an answer.
11
A, well, I don't know, then. The answer Is I
It don't knew. is that the answer you want?
13
q. I want the truth.
14
A. I was trying to obtain the truth, but If you
15 want we to glye you the "I don't know" I'll he glad to
16 do that,
17
Q. I'll help you Work it out,
so, was the Meeting In the last six months?
18
10
A. I just answered I don't knew that.
zo
q. okay. All right. And was it In the last
21 three tenths -- excuse me, nine Months?
22
A. when was the stalking petition filed? could
23 you tell sit that?
24
Q. naughly late Harch of this year,
25
A. okay. Then It was within the last nine

I
2
1
4
S
8
7
a
9
10
11
12

11
14
15
14
37
18
19
20
21
22
23
24
25

12
months.
Q. okay. Where was that heating or whet was that
noting and who participated In that heating?
A. Moll, it was a minting In his office, It Was
prior to -q. tdtose2
A, Bill Pack. You pre asking about pill Pock) is
that correct?
Q. correct, Meeting in Hell Peck's office,
A, Right,
Q. nine months ago.
A. Well, I didn't spy nine months,
Q. Roughly.
A, within the last nine Months is What you said.
q. Okay.
A. And that's the Answer.
q. who was in that Mating besides Bill Peck?
A. Hysalf and Sergeant patnode.
Q. Anyone also?
A, 1 believe that was It,
q. was Hr. renal there?
A. 110,
q. Was anyone -- was -- I'm trying to think of
the name of the attorney for the Sunrlver iloreowners
Association.

CASCADE COURT REPORTERS (641) 386-6664

pages 9 to 12

Exhibit D Page 22
Petitioner's Response

JUH 9. 2012

4: 00PM

No. 1644

P. 58

MICHAEL ALLEN KENNEDY


1

Joshua, do you knew tho sanriver Attorney's

2 need?
6

q. Where Were you horn?


Mk. FBAI121 if he doesn't Most to answer it, I

A.

I think josh is right.

I don't know his lost

3 don't think it had any relevance to Whore he was born.


4 You can ask educational background.

4 name.

Ma, WeSSOIlI I'm going to but sites wonder Ing

C. Was he In any --

A.

a where you were born.

No as not in Bill Peck's office, no, that

renting I believe to the host of my knowledge, best of

A, And Y --

my recollection was between gill Pock, myself, and

4,

A. well, I would dust 96 soon --

9 Sergeant Pathode,
10

Q.

5o what did the three of you discuss regerdiog

11 Mr. Foster?
12

A. We had discussed what the next step was to

is that a big secret?

10

4,

is it a big secret?

it

A.

Don't yell At me,


Mn. FRNIYI Wait n second, Wait A second,

12

i would just like you to answer my question.

13 preventing hip from stalking our officers earl What ho

13

Q.

1e could do to Prevent that,

14

A. I would appreciate you not to yell at me

15

q.

whose suggestion was it to file stalking

15 again ,
16

me, FRNMLI Lot's take a time Out.

I can't answer that,

11

nit WITNESS: or wo will be done.

16 orders?
17

A,

1$

q. you don't know

19

A,

20

Q. My other medtinge that you and Bill peck Were

t didn't file n stalking order.

16

(A briof recess was taken.)

19

MR, FMIIth Back on the record. We are not

20 going to answer any personal information where there

21 Involved in pore than nine months 090 where Mr. Foster

21 could be ties. and next time you yell nt him we are

22 WAS discussed?

2z leaving.

23

A.

more than nine menthe age?

23

let. WEISOM: I epelogIto for that.

24

q,

Yes,

24

MR, FMIIZI That's fine, Your apology is

25

A,

Yea, I'n sure there were,

25 accepted, by he at least.

Q. De you have any Minutes or notes of those

2 meetings?

q,

A.

rya, I do hot,

Q.

You said this goes back six year&.

A,

I pulled that number out as dust a rough,

(BY M. WESSON) I apologize, Chief Kennedy.


okay. Let's go to your educatiolsal history.

3 bid YOU graduate high school?


Yes, I did.

A,

q, And where?

6 don't knew hear, many years this -- that he has been

A.

7 stalking.

q, And year?

q,

You rake It sound like he's engaged in An

9 occupation of stalking your police officorsl is that


10 correct?
it

A.

lid has dedicetod a lot more time to it than

12 anybody I mould have IRegihud would be willing to do.


13

Q.

tot i.e go on with my questions hero, slave you

14 ever been convicted of a crime?


I have not,

Mountain View Iligh school, send,


pardon me?

A.

Q. The Yoar?
she year was 1960.

10

A,

11

q, no you have any education subsenuent to

12 finiehing high school?


13

A,

14

4. And whet is your formal education beyond high

Yoe. I do,

15

A.

lg

q, What is your date of birth?

19

17

A.

17 in law enforconent through central Texas college, and I

16

Q. have you over gone by any ether flues?

15 have a four-year degree in social science through

10

A.

19 Southern Oregon.

15 school?

12/20/61.

Mike, short for Michael,

20

Q. Where were you born?

21

A.

20

I'm not EUrO of the relevance of these

A.

I'vo dot A two-year degree, associates degree

q, Now, when did you first got Involved with law

24 enforceaenti
It was the early eighties,

22 questions.

72

A.

23

q,

just answer it, Where Were you born?

7)

Q, And whore was that?

24

A.

No. I think that you aro -- I'm not going

24

A,

25

Q. That was your first Job as a police officer?

25 to --

kennedy

nedgond Police Department.

CASCADE COURT REPORTERS (541) 385-5664

pages 13 to 16

Exhibit D Page 23
Petitioner's Response

Jul. 9. 2012

4:01PM

No.1644

P. 59

MICHAEL ALLEN KENNEDY


A

A.

feels, I was

roserVe foe' Redmond Police

I police officer?

2 Department.

A.

q. When did you receive that certiflcntion?

4 officer?

A.

5 My 05551 nu.bar was lamed when I Was A reserve in the

Q. And when did you become a regular police


A, After that k Wont into the Air Force where I

6 Was a security police.

I do.
I couldn't tell you off the top of my hoed.

6 early 'SOS.

q. Whore were you based?

A.

8 course of your eaployment?

1 Was based In Texas and also in Nnsao Air

9 Force ease, Japan.

Q.

have you ever been disciplined during the

A,

no, net that I can repeater.

10

Q.

so Word you honorably diachergeel?

10

q,

I'M

11

A.

Tel, a Was,

11 so you went to nadeond. and I just want to know years

12

q,

Se when you got Out of the Air Force SShero did

12 and where.

sorry. T didn't finish my -- the litany.

13 you go to work? Were you an officer or An enlisted

11

A,

okay.

14 eon?

14

0.

so jolt take no through that right up to

1s

A,

enlisted.

1s today, If you would.

15

q. What was your highest rank when you Finished?

16

17

A.

R-4.

17 really tell you exact years. I Would say soeenhere

18

4.
A.

That Was four years, active duty?

IS around '63, because

it

19 in 'e4. x WAS at Redmond for about a year, and I chink

19

WI,

three and a half. I not an early

A,

okay. without the documentation I can't

think I enlisted in the hi" forte

20 release in '88 when they Were cutting back the forces,

20 1 Want Into the Ail Force -- I was delayed enllsteett

21 1 had to choose to reenlist to get a Few essigwtnt or

21 so k think T went In the first part of '8S through 'a6,

22 to take an early release, end I took the early release

2? emetime in '00, and that's when I cane back and Wont


23 to school from that period until -- 1990 was when I was

23 so
24

could 0o to college.

Q. All right, so when did you get your - you

25 said Central Texas -- what was It?

24 hired at sunriver. That Was March of 1990, 1 believe.


25

q.

A,

central Texas,

1 of 19907

q.

Whore is that lecetod?

A,

It's located in Killeen, Texas, but Where 7

4 got any degree was while

Was -- therm was a .- In

A,
it

And you Were hired In What capacity In March

Police officer,
In 1999 the polite force wasn't constituted as

4 it is today, am I correct?

S Masao Ail' Force ease In Japan they had an extension

6 campus or whenever they call it, overseas canons,

6 Or not -- 2000 -- Jim net sure of the date, 2002, I

Q.

All right, When did you finish at Central

0 Texas? You said you were in the Air rorce -9

A,

Must have been around '60, a l so hot sure,

10

Q.

so you are out of the Air Force, you are back

It in civilian life, whore did you go to work?


12

A. T took -- finished my degree At southern

13 Oregon state College.


14

A.

No. We formed a service district in 19 --

7 believe, but that's -- I'm not sure about that date.


9

0. 5o who did you n'ork for from 1990 to 2002?

0 What was the body you worked for?


10

A,

sunriver gdners Association was oul employer,

ll sunrlver police oeparteeht WAS who 1 actually Worked


12 for. sunrivel' Owners -- they were part of the sunriver
13 Owners Association.

Q. And what year did you finish, get your

14

q,

Let me Use this straight, Thu sunriver Police

15 diploma, graduate?

15 Department --

16

I Would have to look at the diploma. I'lo not

16

17 sure. I was -- I think s9' last tars was the fall of


It 'u9, so I don't know if I got ny degree at the end or

A.

11

19 '09 or the beginning of '90.

19

Opest stands for?

A.

correct.

q
7 - WAS part of the sunriver owners
16 Association.
A.

It Was a department of the sunriver owners

20 Association.

20

0. Mme, do you know What

21

A,

yes.

21

q, And you were an eeployes --

22

Q.

po you Want to tall us?

22

A.

23

A.

Department of Public safety standards And

23

Q. And when did you become the chief?

24 Training.

24

A.

25

All right. Be you (lava a certification as a

25 about ten years. ton plus years,

kennedy

q.

of the sunriver Police oepartnent.


I Ilon't knew -- have that date. It's been

CASCADE COURT REPORTERS (541) 386-5064

Pages 17 to 20

Exhibit 0 Page 24
Petitioner's Response