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9. 2012
3:45PM
No.1644
P. 1
FAX TRANSMITTAL
To:
From:
RE:
Date:
CONFIDENTIALITY NOTICE
Jul. 9. 2012
3:45 PM
No. 1644
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Petitioner,
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and
Robert B. Foster,
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Respondent.
COMES NOW
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Law Office of Robert E. Franz, Jr., and hereby moves the Court for an Order
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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
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the opinion of counsel is well founded in law. Counsel relies upon the Points
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respondent's motion for summary judgment and in support of its motion for
Jul. 9. 2012
3:46PM
No.1644
P. 3
Legal Memorandum; and all of the petitions, amended petitions, and pleadings
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By:
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Robert B. Franz Jr.
Post Office Box 62
Springfield, OR 97477
Phone: (541) 7418220
FAX! (541)741-8234
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.
JuH
9. 2012
3:46PM
No. 1644
P. 5
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Petitioner,
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and
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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 herewith submits his Legal
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Respondent Robert Foster. For the purpose of all motions pending before this
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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
JuH
9.
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3:46PM
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In his motion for summary judgment, the Respondent does not produce
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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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(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
Jul. 9. 2012
3:47PM
No.1644
P. 7
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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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Robert B. Franz It
Post Office Box 62
Springfield, OR 97477
Phone: (541) 741-8220
FAX: (541)741-8234
Jul. 9. 2012
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3:47PM
No.1644
P. 8
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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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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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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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
JuH
9. 2012
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3:4/PM
No. 1644
P. 9
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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condition. The medical condition was based upon the following note from Dr.
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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
JuL 9. 2012
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3:48PM
No. 1644
P. 10
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.
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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Roberl B. Franz Jr.
Posi Office Box 62
Springfield. OR 97477
`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
Jul. 9. 2012
3:48PM
No. 1644
P. 11
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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:
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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
Jul. 9. 2012
3:48PM
No.1644
P. 12
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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
JuH
9. 2012
3:48PM
P. 13
3. The attached Exhibits A-F are true and correct copies of the originals.
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No. 1644
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/
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OFFICIAL8FAL
1TRESA L FRANZ
UO-RRQON
'ONND836799
R[S MARCH 7, 2013
191
201
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261
271
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Robert B. Franz Jr.
Post O(flco Hnx 62
Springfield, OR 97477
Phone: (541) 741-82211
PAX; (541)741.5234
Jul. 9. 2012
3:49 PM
No.1644
P. 14
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KASEY HUGHES,
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Petitioner,
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V.
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ROBERT B FOSTER,
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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Petitioner
Other:
Exhibit A Page 1
Petitioner's Response
JuL 9. 2012
3:49PM
No. 1644
CONTACT MEANS;
Coming within 1000 It into the visual or physical presence of the protected person.
Waiting outside the home, property, place of work or school of the protected person or a member of that
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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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P. 15
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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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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
JuH
9.
2012
No.1644
P. 16
1
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3:49PM
Respondent represents a credible threat to the physical safety of the protected person and the protected
person Is or was
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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121
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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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Exhibit A Page 3
Petitioner's Response
Jul. 9. 2012
3:49PM
P. 17
No. 1644
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Plaintiff,
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S
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vs.
ROBERT B. FOSTER,
Defendant.
Case No. 103T0028-MS
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PERFECT WORD REPORTING & VIDEO (541) 308-2896
Exhibit B Page 1
Petitioner's Response
u . 1. 2U IL
j:49NM
No.1644
P.
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1
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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B
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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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JuH
9. 2U12
3:49PM
P. 19
No.1644
4
INDEX
2
PAGE
3 EXAMINATION BY:
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Ms. Meisen-Vehrs
Mr. Duncan
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EXHIBITS:
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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
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HUGH PALCIC,
F,XAMINATION
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BY MS. MEISNN-VEHRS:
Q.
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A.
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Q.
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A.
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Q.
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A.
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Q.
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record.
19 general manager?
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A.
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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
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1
Q.
A,
Yes.
Q.
2008?
A.
Yes.
Q.
A.
Yes.
Q.
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to your summary?
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A.
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(Exhibit 14 identified.)
Q.
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BY MS. MEISEN-VEHRS;
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Q.
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A,
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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
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Q.
A.
Q.
A.
Q.
A.
Yes.
Q.
A,
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record?
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Exhibit B Page 6
Petitioner's Response
JUH
9. 2012
3:50PM
P. 23
No. 1644
HUGH PALCIC
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Q.
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Yeah,
MS. MEI$EN-VEHRS: That's all I have,
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EXAMINATION
BY MR. DUNCAN:
Q.
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A.
Uk-huh.
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Q.
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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~
Exhibit
14
Exhibit B Page 8
Petitioner s Response
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u . 9. 2U12
3:5UPM
No. 1644
P. 25
John McKenzie
February 16, 2011
Perpetuation
REPORTING
N DeocoNNNRENCINO
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
y 16,1011
rosier
Page 3
Page 1
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7p091
JOSH NP%ENTIE
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,
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Sd
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10
(Appeet/ng by Telephone)
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PERPETUATION OF TEBTiHOIIY
the DEPOSITION OF oH11 HolEHTIE Ron taken
Page 2
APPEA ASH OHS
5111141-5320
"$SON A PUHCAH
12725 5H 66th Avenue, suite 101
Portland, Oregon 91223
602/2 E2-5122
24 nraintellanc0.
EXAMINATION
BY MS. ME1SP. N-VHHRS:
EUOEHE
JOHN McXRNZIE,
Exhibit 26
Page 2
Exhibit C Page 2
Petitioner's Response
uI. 9. 2012
3:51 PM
No. 1644
Perpetuation
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B
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lit
line
i Q. Okay. Go ahead.
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s -- usually was in
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Q, That's fine.
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(Off-ore record discussion.)
to A. And I believe somewhere between five-ten
a
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BY MS. MBISBN-VEHRS:
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drives?
Is
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is
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cab.
it
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
Exhibit 26
Page 3
Exhibit C Page 3
Petitioner's Response
uI. 9. 2012
3:51 PM
el al, vs.
Perpetuation
Page 11
Page 9
a
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1a
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go
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Page 10
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Ina
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Ile
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P. 28
No. 1644
%I in-I; :;eriptJ:,
A
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a
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e
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Exhibit 26
Page 4
Exhibit C Page 4
Petitioner's Response
JuL 9. 2012
3:52PM
hfeKenate
Ptrpelualion
Pogo 16
Page 13
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e
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Ia
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i7
BY MS. MEISBN-VEHRS:
page 16
Page 14
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parking lot?
A. Yes.
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d Ii,,
P. 29
No. 1644
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7
S
9
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Bxhiblt 26
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
Page 17
A
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3
were?
A. No,
Q. to ahead, John,
A. I had assumptions.
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,
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x5
16
but--
16
17
1e
1v
1g
20
21
7 Al
e
9
10
11
12
13
14
10
BY MS. MEISEN-VEHRS:
19
20
21
22
Pollee Peparmwnl7
23
24
25
Page 20
Page Is
1
speculation.
3
4
3
4
6
.3
9
.0
.1
.2
.6
.7
1
l3
Eno.
s BY MS. MRISEN-VEHRS:
grin .It-:icipot! ,
12
dale.
13
Io
11
15
16
A. Sure.
17
1e
20
21
22
23
24
25
Exhibit 26
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
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
10 '07.
11
12
13
14
is
16
17
is
19
20
21
'22
23
24
26
.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
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.
a my questions.
i5
14
13
14
10
23
1z
17
22
in talk later.
ii 13Y MR. WESSON:
is
called?
20
21
1
2
3
10
21
A. During2007.
22
23
24
25
Pegg 26
1
2
16 it is relevant.
is cut him off. So I'm talking-20
called?
me?
department?
A. The typical person that would answer the
7 department.
8
Q.
is A, No,
19
i9
21
24
25
and lime.
22
23
w, ipl
20
}i1i 0 ,:
Is A. Yes.
19
1
2
16
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
8
9
paddle?
A. Yes.
2
3
A,
5
6
ii Q.
12
13
A. Probably 10 feet.
13
1i
it
23
24
25
Memorial Day,
14
16
16
17
18
19
20
21
22
10
P. 33
No. 1644
14
Page 30
1
2
3
Memorial Day?
A. Yes.
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
plate cumber?
to question?
I9
.\lln.tl
BY MR. WESSON:
Q. Are these regular employees of tine
Sunriver Homeowners Association?
12
13
Iliat?
i4
17
18
19
In
11
1s
20
as
16
17
15
21
22
23
24
25
Exhibit 26
Page 9
Exhibit C Page 9
Petitioner's Response
JuH 9. 2012
3:54PM
Jahn
Perpetuation
rage 35
Page 33
it
line flashing
2 1
23
24
2s
Page 34
9
10
Li
L2
13
L4
is
16
17
is
P. 34
No. 1644
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
1 State Of Oregon
2 county
or
S..
teat
3
1, SObtn Cosmidy..ouren, CSR'RPR, a Certified
12
14
re
17
oily
of
Page 30
Atin-1I..'intltinv
Exhibit 26
Page 11
Exhibit C Page 11
Petitioner's Response
JuH
9. 2012
3:54PM
No.1644
P. 36
3 first duly sworn to tell the truth, the whole truth and
3 JOSEPH PATHODE,
Petitioner,
ys,
6 ROBERT B. FOSTER,
7
S follows;
EXAMINATION
6
Respondent.
Q.
B KASEY HUGHES,
Petitioner,
10
3
MICHAEL ALLEN KENNEDY
Vs.
11
11 ROBERT B. FOSTER,
12
A.
Okay.
12 deposition today?
Respondent,
13
13
A.
I understand.
14
14
Q.
15
16
17
A.
16
q.
19
97702, before
20
20
21
21
A,
22
22
Q.
understand.
23
24 a , RF
E NO . :
7365
25
25
1
2 per Petit n ra :
3
4
5 For Respen,leaL
Foreland,
Oregonoa97223
12
EXAMINATION
16
ax :
MR. WESSON
16
NONE
A.
I understand.
0.
11 be stated in words?
T H D
15
10
13
14
11
I do.
Q.
9 Also Present :
10
A,
5
FRAMK N. WE55011, ESQ.
We son Carlson and swanlund
1
2
12
A.
I do,
13
Q.
14 understand that?
2a
3
PAGE
15
16
A.
I understand.
0.
as
to responses.
19
19
20
20
A.
I understand.
21
21
q.
22
23
24
24
25
25
kennedy
A.
I understand.
Pages I to 4
Exhibit D Page 1
Petitioner's Response
JuH 9. 2012
3:55PM
No. 1644
P. 37
q,
A.
0.
A.
q.
I understand.
A.
A.
NO,
0,
strike
10 that.
Now, changing the subject, tell Me what you
11
12
13
A.
1 understand.
13
14
Q.
14
Q.
17
1s
A.
19
q,
is
A.
21 statutes,
22
24 occur.
24
25
I understand.
q.
A.
25 subpoenaed.
A.
I understand.
q.
q.
A.
0.
4 deposition?
A.
A.
I Understand,
Q.
B stalking orders?
9
A.
I do.
11
Q.
0.
A.
10 completely.
11
q,
13
3A want --
15 responsive as rendered?
16
15
16
A.
17
A.
16
q.
19 case.
20
Q.
Okay.
21
A,
22 responsive as rendered?
23
A.
24
I Understand.
23
kennedy
Q.
pages 5 to
Exhibit D Page 2
Petitioner's Response
JuH
9. 2812
3:55PM
No.1644
P. 38
Q.
stalking in general.
A.
3 it.
q,
A.
6 cases.
Q.
well, let's go
Q.
A,
A.
Yes.
Q.
11 our department.
11
12
Q.
A,
13
q.
14
14
A.
A.
15 organization.
16
16 do that.
17
17
Q.
18
19
A.
70
Q.
27
23
q.
A.
24
Q.
25
25
A.
A.
1 months,
2 that number as --
q.
5 prior to --
A.
A,
q,
whose?
A.
B that correct?
Q.
In
10
A.
11
q.
12
q.
12
A.
13
A.
13
Q.
Roughly.
14
A.
15
q.
16
A.
11
q,
18
A.
19
Q.
Anyone else?
20
A.
21
q.
22
A.
we.
73
Q.
15 he -16
Q.
17
A.
20 know -21
7 months?
q.
22 Pack?
23
A.
25 Association,
kennedy
Pages 9 to 12
Exhibit D Page 3
Petitioner's Response
JUH
9. 2U12
3:55PM
No. 1644
P. 39
2 name?
A.
4 name.
Q.
was he in any --
A.
A. And I
Q.
9 sergeant Patnodo,
10
q.
is it a big secret?
11 Mr. Foster?
11
A.
12
12
10
0.
13
0.
14
A.
15
15 again.
Q.
16
17
A.
17
18
Q.
10
19
A.
19
20
0.
16 orders?
22 an discussed?
22 leaving,
23
A.
23
24
Q.
Yee,
24
25
A.
25 accepted, by we at least.
Q.
2 meetings?
A.
Ho, I do not.
Q,
A,
A.
0. And "here?
A.
7 stalking.
Q.
And yeAr7
A. Pardon me7
Q.
A.
Yes, I did.
q.
The year?
10
A.
11
Q.
A.
14
15 school?
13
0.
I have not,
Yes, F do.
19
A.
16
17
A.
18
19
A.
19 southern Oregon,
20
21
A,
16
A.
12/28/61.
20
Q.
21 ohforeewebt?
22
A.
23
Q.
23
24
A.
24
A.
25
Q.
22 questions.
25 to --
kennedy
Pages 13 to 16
Exhibit D Page 4
Petitioner's Response
JuH
9. 2012
3:56PM
P. 40
No. 1644
A,
I police officer?
2 pepartment.
A.
t do.
q.
d officer?
A.
0.
6 early '801,
A.
q,
by
head,
during the
can remember.
A.
10
q.
10
Q.
11
A,
Yes, I was.
12
q. So When
YOU
12 and Where.
13
A.
Okay.
14 .an?
1A
q,
15
A,
16
17
A,
Enlisted.
16
A.
8-4.
18
19
A.
think
23 so x could go to college.
24
25
Q.
J.
A.
Central Texas.
1 of 1990?
q.
A.
police officer.
A.
q.
4 it is today, at I correct?
6 or not -- 7000
q.
8 Texas? You said you were in the Air Force -not sure.
A.
10
q,
I'm
A.
A.
Q.
no. we formed a service district in 19 -I'm not sure of the date, 2002, x
A,
13 owners Association.
14
14
q.
15 Department --
15 diploma, graduate?
16
A.
Correct,
17
Q.
18 Association.
19
16
A.
A.
20
20 Association.
21
A.
Yes.
21 . Q.
A.
22
Q.
22
23
A.
23
0.
24
A.
24 Training.
25
kennedy
Q.
Pages 17 to 70
Exhibit D Page 5
Petitioner's Response
JuH
9. 2012
3:56PM
No. 1644
P. 41
A.
Q.
5 sunriver?
7
A.
Q.
9 year-round basis.
10
A.
12
A.
10
A.
11 endeavor?
X think he started about the same time I did.
13 a think I -- I think
12
q.
Yeah. I do now.
13
A.
15
16 years, almost?
16 people.
All right, what is the territory that the
17
A.
Two decades,
17
10
Q.
A.
21
19
0.
A.
20 Sunriver.
That's correct.
21
Q.
73
A.
corporal,
23
24
Q.
24 and we -- yeah.
25
A.
25
A.
2 them.
q.
A.
3 without Your -4
A,
Q.
A.
A.
sergeant.
7 was
7 area.
Would you go there if there was an incident or
Q.
10
A. Absolutely.
11
q.
12 Business park?
13
q.
13
14 people as a sergeant?
I did.
15
A.
16
16
1?
A.
I.-
18
q.
surer or winter.
18
A.
19 department currently.
19
u.
A.
20
Q.
21
A.
No.
22
q,
The dispatch.
23
A.
74
Kennedy
pages 21 to 24
Exhibit D Page 6
Petitioner's Response
JUH
9. 2U12
3:56PM
No.1644
P. 42
2 department.
Q.
so it's a multi-agency --
A.
Dispatch center.
Q.
A,
Q.
-- dispatch center?
That's correct,
A.
9.
Is there a --
10
A.
A whole litany.
11
q,
12 shop?
13
A.
14
A.
It would depend on
it would be the
17
16
Q.
say the
okay.
17
A.
10
19 correct?
20
A,
20
A,
That's correct.
21
21
Q.
22
A.
T don't.
23 those parks.
A,
That's correct,
9.
All right.
A.
24
Q.
24
25
A.
Ho, it is not,
25
q,
What is it?
A.
Q.
As deputy sheriffs?
A.
Deputy sheriffs.
3 co.munity.
4
5 Business Park?
A.
Q.
A.
Absolutely, yes.
10
q.
A.
10
q.
12 check our 0411. When they are taking a call they would
13 Department jurisdiction?
14
16
17
A.
A.
19
q,
20
A.
nammertima,
Q.
21 of sunriver,
21
22 go over there?
22
23
23
Q,
Yes.
24
A.
Thank you.
25
25
Q.
konnedy
A,
Q.
Okay,
Pag es 25 to 76
Exhibit D Page 7
Petitioner's Response
ul.
9.
2012
j:5/PM
No.1644
P. 43
q.
So does that --
A.
I do.
A.
Q,
A.
q,
q,
5 years ago,
Were you a party to the lawsuit or just a
A.
q,
okay.
q.
A.
10 oath?
10 with?
Q.
11
A.
11
12
0.
14
A.
vas, I have,
15
q,
15
A.
Right.
16
A.
16
q,
17
18
A.
19
0.
19
20
A,
No, I do not,
20
21
22
A.
Yes, I do.
22
23
q,
Who is help
23
0.
24
A.
He is a resident of sunriver,
24
A,
25
Q.
is that correct?
A.
21 testified to or not.
Are you asking me if
asked
1 there
do not.
A.
q,
3 that?
4 capacities?
A,
A.
I don't recall.
6 doing that?
7
8 our officers.
Q.
9 knew him?
10
A.
A.
q,
Yes. I do.
11
q.
in whet capacity?
11
12
A.
13 Foster, correct?
14
q,
14
15
A.
16
Q.
16 yes.
17
A,
11
A. Yes.
20
21
q,
21 instantly?
22
A,
22
23
Q.
23
19 community and
24 Trout House,
2S
25
Kennedy
A,
A.
I'm not --
Pages 29 to 32
Exhibit D Page 8
Petitioner's Response
u I. 9. 2012
3: 57PM
No. 1644
P. 44
MR. WESSUNI
A.
10
11 low?
0.
A.
10 by anybody.
11
q,
12
13
13
A.
14
A. k have not.
14
Q.
Yes,
15
15
A.
Yes, T do.
16 arrested him?
16
q,
17
17
A.
18
16 believe it.
19
A. NO, air,
19
q.
20
20
A.
Because I do.
21 arrested --
21
22
22 believe that?
00 I believe that?
23
A.
24
24
q,
25
Q. out
25
A.
I different sources.
q,
who?
A.
A. Yes,
q. what?
6 going out deer hunting. I can see that maybe, but the
10 any of those?
11
12
Q.
(BY M.
wEssoh)
Q.
8
9
A.
10
q,
A.
13 believe he is armed,
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.
17
18
q.
19 law?
19
A,
15
20
Q.
21
22
A.
24
Q.
22
23
kennedy
20
24
Yes,
23 thinking.
0.
pages 33 to 36
Exhibit D Page 9
Petitioner's Response
JuH
9. 2012
3:57PM
No. 1644
P. 45
1 like we to speculate?
2
q, well, to the best of your Memory when is the
A.
Q.
A.
A.
Q.
A.
To Ma.
q,
10
A.
11
11
A.
12 time when you call up there you ask for a deputy DA and
12 memo?
13
Q.
A,
14
15
Q.
16 Bob Foster,
17
A.
17
A,
19
18
19
A,
That's correct.
20
q.
20
A.
21 roster's part?
22
22
Q.
23
A.
He.
24
Q.
Do
25
q,
A.
q,
A.
A.
Ho,
Q.
Q.
A.
between
sergeant
do not.
A.
okay.
A,
q.
q.
A.
10
q,
00
11
A.
9 document?
10
A.
ever remember
seeing
it before today?
12 years ago.
12
Q.
no you
13
13
A.
q.
15 poster?
15
A.
That I do recall.
ld
A.
4.
17 with me.
A.
16
A.
17
as
18
It?
19
Q.
23 one?
24
A.
kennedy
Q.
I want to go back to
can help
A.
Okay,
23
q.
24
A.
Pages 37 to 40
Exhibit D Page 10
Petitioner's Response
JuH 9. 2012
3:57PM
No. 1644
P.
46
7 STATE OF OREGON
A.
55.
3 COUNTY OF DS5611uTe5
3 don't?
4
CERTIFICATE
1 here.
4
y, GENIE L. KELLEY, certified shorthand
6 year but --
q.
A.
Same answer,
q.
11
11
A. We have --
12
13
16 speculation.
17
17
70
21 in teed, Oregon.
7010,
22
77
23
23
24
24 coming,
25
75
42
3
4
5
6
7
B
9
10
11
12
33
14
15
16
17
18
19
20
21
27
73
24
25
konnedy
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
in the c1Rcun
1 9T9 9 27418
No......Q...........................
.........................................................................................................
~'laintill
va.
CIVIL SUBPOENA
ROBERT B. tOSTER
................h.....................................................................................
,
Defendant
ire rapiired to appear In the Above entitled court of Room (to....B................ of the county court
t
...,......4....,
day
the
bared
..............oy
)t 2011 ._ ,
Fiehruary 4,
Frank
item
rho dlfe of the dmViroor. Lu. CIVIL SUBPOENA DUCKS TECUM.
,r.
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)
the foregoing it a complete and exact copy o he original subpoena in (lie above entitled
.~ ..
i M. LIA![YII[t
3O
OO_,,,_,.____.
........ . . . .. . .. . ............
PrSVn
'total
35.00
"..
16 ' y ..
J... ..
..
r
... .... day
- ..
..
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
(503) 292-5122
.........
.. ..................
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
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
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
Employer;
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
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)
Clearance; Arrest
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:
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.
By; SRP
Exhibit D Page 17
Petitioner's Response
Jul. 9. 2012
3:59PM
No.1644
P. 53
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
3 30SEPH PATIIOOF,
4
5
Petltionor,
Casa Ito, 10510078-NS
vs.
S follewal
6
Respondent.
a KAnev livaliES.
Petitioner,
ye,
9
Case He. 10ST0027-MS
11 ROBERT 0, FOSTER,
17
FYRIIIIATIOH
0.
9
10
11
Respondent.
A, okay.
12 deposition today?
13
11
A.
I understand,
14
14
q,
15
18
17
16
Ian.
is
10
20
20
21
21
A,
I Understand.
22
22
0.
23
25
4
1
Mt!a!MsLS FcOlillSfi
2 Eer eetitlanars i
3
4
5 For 111URadtnh i
6
a
9 A11e C ULEnt :
11
15
16
nfl
HR. W6550N
NONE
q,
A.
I understand.
11 be stated in words?
-2(
IIAT IaN
10
12
13
14
I do.
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.
Do you
14 understand that?
P
3
F.Au
15
A,
I understand.
16
0.
19
19
20
20
A.
T understand.
21
21
Q.
22
23
z4
24
25
25
kennedy
I understand.
Pagos I to 4
Exhibit D Page 20
Petitioner's Response
JuH
9. 2012 4: 00PM
No. 1644
P. 56
q,
A.
q,
A,
A,
I understand.
A.
no.
0.
10 that.
slow, changing the subject, tall no what you
11
12
13
A.
I upderd[0hd,
13
14
0.
14
17
17 just a Weak or
0o
a0
ago,
to
A.
I understand,
as
19
0,
A.
21 statutes,
22
24 occur.
25
q.
24
pD you understand that?
A.
25 subpoenaed.
A.
I Understand,
q,
n,
A.
4 deposition?
I didn't read them within the lest couple days
0o
A.
A,
I understand.
q,
e stalking orders?
A.
I'a
10
A,
I do.
10 copletely,
11
Q.
11
13
14 want
IS responsive as rendered?
is
IO
16
A.
17
A.
is
Q.
19 case,
20
q. okay.
21
A.
22 1'eepohsiva as rendoted?
23
A.
I understand.
23
24
0.
kennedy
25 staff,
pages 5 to 6
Exhibit D Page 21
Petitioner's Response
J uH 9. 1011
4:00PM
No. 1644
P. 57
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.
pages 9 to 12
Exhibit D Page 22
Petitioner's Response
JUH 9. 2012
4: 00PM
No. 1644
P. 58
2 need?
6
A.
4 name.
C. Was he In any --
A.
A, And Y --
4,
9 Sergeant Pathode,
10
Q.
11 Mr. Foster?
12
10
4,
is it a big secret?
it
A.
12
13
Q.
14
15
q.
15 again ,
16
11
16 orders?
17
A,
1$
19
A,
20
16
19
22 WAS discussed?
2z leaving.
23
A.
23
24
q,
Yes,
24
25
A,
25 accepted, by he at least.
2 meetings?
q,
A.
rya, I do hot,
Q.
A,
A,
q, And where?
A.
7 stalking.
q, And year?
q,
A.
Q.
A.
Q. The Yoar?
she year was 1960.
10
A,
11
A,
14
Yoe. I do,
15
A.
lg
19
17
A.
16
10
A.
19 Southern Oregon.
15 school?
12/20/61.
20
21
A.
20
A.
24 enforceaenti
It was the early eighties,
22 questions.
72
A.
23
q,
7)
24
A.
24
A,
25
25 to --
kennedy
pages 13 to 16
Exhibit D Page 23
Petitioner's Response
Jul. 9. 2012
4:01PM
No.1644
P. 59
A.
feels, I was
I police officer?
2 Department.
A.
4 officer?
A.
I do.
I couldn't tell you off the top of my hoed.
6 early 'SOS.
A.
Q.
A,
10
Q.
10
q,
I'M
11
A.
Tel, a Was,
12
q,
12 and where.
11
A,
okay.
14 eon?
14
0.
1s
A,
enlisted.
15
16
17
A.
R-4.
18
4.
A.
it
19
WI,
A,
23 so
24
could 0o to college.
q.
A,
central Texas,
1 of 19907
q.
A,
A,
it
Police officer,
In 1999 the polite force wasn't constituted as
4 it is today, am I correct?
Q.
A,
10
Q.
A.
A,
14
q,
15 diploma, graduate?
15 Department --
16
16
A.
11
19
A.
correct.
q
7 - WAS part of the sunriver owners
16 Association.
A.
20 Association.
20
21
A,
yes.
21
22
Q.
22
A.
23
A.
23
24 Training.
24
A.
25
kennedy
q.
Pages 17 to 20
Exhibit 0 Page 24
Petitioner's Response