4 13 16 Page 1 NAL FOOTBALL LEASUE IN THE MATTER OF REC naRDY HBARING ON PETITION POR REINSTATEMENT Wednesday, March 4, 2015 1:07 p.m. NALTONAL FOOIRALL LEAGUE 349 Park Avenue New York, New ¥erk Lols4 SOSHUA NR. EDWARDS, AMR, CRR, CLR NOPARY PUBLIC OF "TE STAVE OF NEW YORKan 24 25 t COUNCLL NATIONAL FOO'RALL LRAGUE MANAGEME 345 vark Avenve How York, Now York 19154 BY: KEVIN K. MANARA, 59. Senior Labor Kelations Counsel ADOLPHO A. HLECH IIT, /S0. Page 2 Senior Vice Prusident of Labor Puliny and Coveznmen: Arta: JEPERBY PASI, ESQ. Executive Vice President Tet PROTEC TIN RESOURCES Fark Avenue, Suite 420 New York, New tore 10169 BY: LISA H. #RIFL, ESQ, Vice President, Sexual Miscen cenguiting and Investiga’ BAVJONAL TOOTSALL LEACUE PLAY: 1133 20th st-eet NW fashingter, 9.¢. 20036 BY: RPATUIR H. Meeae Assoutaze Gener La CLFICES OF PRANK A. MArSTaP Attomays for kes HARDY Wachovia Tower Qne Bast Broward Boulevard, Suice 925 Fort Lauderdale, Florida 33301 BY! PRARK A, MAISTER, 35Q. ALSO PRESENT: GREG HARDY“i 2 B 4 8 6 7 1” 20 2 2 28 26 ° 40 " 2 2 “ 16 16 " 8 0 Ey a 2 a By HEARING Page 3 New York, New York Wednesday, March 4, 2015 1:07 p.m. MR, BIRCH: Go on the record. First | quess Jet me start sort of by introducing the people thet are here, in particular, since you haven't seen some of these folks before. This s Jeff Pash at the end, Hes the League General Counsel. Usa Friel is an outside investigator who ‘works with us on a lot of these matters. Kevin Manara is in our office, ane of the ‘attorneys, and I am one of the attorneys at the League Office as well This, the meeting, I think, was at the request of your representatives and we agreed to the ‘meeting with the primary purpose, I think, being to review the matenals that were provided by your ‘epresentatives in connection with the case, You know we are raviewing this matter under the Personal Conduct Policy, and we thought it would be beneficial to hear, sort of in a structured way, some of the materiais and information that are associated with the ease, HEARING Page 4 As you can see, at the agreement of the Partics, we are transcribing this meeting so that the parties vil have a record of what was said and what ‘occurred during the course of the meeting With that caid, if here are any things that you don't understand or, you know, you can certainly feel free to discuss anything with your counsel or with Heather McPhee of the Unien. I guess I probably should sey them for the record 8 well. So Heather McPhee with the NFL Players Association, Frank Maister, who Is the attorney, who was the attorney in your criminal case, and I guess that's S01 think as I understand i, that 7 Understand Mr. Maister has a presentation that ne would like to make, and unless there are sort of any ‘questions, perhaps we should just get started with that MR. MAISTER: Yes, | would lke to get started. 2 would like you to know what actually happened. 1 would ike you to really know and Understand what happened on the night of May 12th, Which was a Monday night into the morning hours of May 13th, which was the Tuesday morning of 2024 " 7 13 4 1s 16 ” 6 8 2 2 23 24 25 1" 2 9 “4 1s 6 7 18 19 2 at 2 a 4 HEARING sincerely, is that after you actually look at the evidence when you put the pieces ofthe puzzle together, it's a very, very clear picture of what ectualy happened, and you are not going te really have ‘many questions about the gray areas; did he, didn’t he. 1's going to be very clear. The case really ends where the investigation began. And what I mean by that i, the last five ‘minutes of what happened in Greg's apartment -- and that's really what we are here to talk about ~~ the last five minutes were actually captured on ® 911 call. He called 911. And I think that's really important, that he was the one that made the fest 911 call. And he called asking for help. (video played.) "D/P: You sald ner name is Nicole Holder?™ MR. MAISTER: And you have the entire Pages transcript. "GH: Nicole Holder. 1 have a welt on my face. She just hit me twice, She's trying to hit me with another shoe. T'm behing the bor. I'm not touching her. My manager is retaining her, She's sill trying to get me." "D/P: She's outside of the apartment right, now?! HEARING Page 6 "GH: No, she won't let me dase the door. 1 can't touch her to get her out. She's iteraly kicking end scratching. My manager Is retaining her. ‘She's throwing off one of her heels right now. She Just tied to hit me once. She's hit mein the Face twice. I'm trying to stay away from her, Can you please send someone to help me? So my manager" "D/P: Okay. Do you need medic?” "GH: Keap her, bro, keep her, Don't let her 0, Don't fet her go. "D/P: Do you need medic? "GH: J don't need a medic. She hit me in the face, but I'm not bleedin’. T's altve swollen, but I'm fine." "NH: Idon’t want to get arrested. I don't want to get arrosted. Greg, "GH: You shouldn't have hit me. You shoulde't have hit me, “WH: Greg." "GH: Hello?” "D/P: Yes, sim "GH: She refused to leave, She told me to break her arm when I asced her to leave." "NH: Please let me go. 1 don't wanna go to 25 ‘And the good news, and I mean this very 25 joi”0 " 2 2 “ 8 6 v 8 9 20 a 2 a Py 25 HEARING Poge7 "GH: Hello? "D/P: Okay, "GH: What -= what should { do? Should I ‘eave? What should I da? She's, lke, she -- where are you at now?” (End of video.) MR. MAISTER: Every single thing thet he said to the police to the pollce operater is supported by the rest ofthe evidence in the case, Ana these two statements that Nicole Holder made, everything that she oes fron here on out Is consistent with somebody who |s concerned that she Is going to be arrested and that he is going to go to jll. T want you to, and fam going to play these again. I am going to play this again. I want you to listen carefully to what she SaySi "I don't want to get arrested. Please let me 190. T don't want to go to jail," This one, in particulr, is going to be important ail the way trough the case, (Audio file played.) 'NH: Please let me go, Please let me go. I A. "Yes; sir, 100 percent.” @. “infact, you wanted to go home with Greg ane 10. he wouldn® take you, crrert?® " TVR, MAISTER: Ane thon she gets evashve ond I 12 have ecited it, but Lam going to give you» i fact, 43 you aready have the whole transcrie, 30 you neve it 14 all You can go back, I haven't taken anytning out of 14 boing his setrond” s MA. MAISTER: Ang she says, "Yes." Gree 16 tallsher, "Tm not taking you home." He ets in hs AT car. She's ranting and raving. Security comes over. 18 They tell her to leave, She wont nave. Thay finaly 19° call ue police outside the EpiCentre, 2 ‘Wisin pubic. This tn a prvate 21 home. This isin front of Gos end everything anc ‘everytody and all the people thot are leaving the EpiCentre, And they fray get her to move aney wen the police show up. Wel isnt wnat exactly what Fam ting 18 comtost, (Reading): 16 Q “You wanted 10 go home wath Greg and he 7 wouldot rake you heme? ‘That's whet hapnensd ot that 48 ont at the boginning of thi nccant, correct?” (es. He wos tellag me he 9 Her answer, 20 isnt know wne 1 was, denier Bway frome. “L 21 on't know her’ Yeoh, | was mad. 1 kicked his car 22 door shut when ha was: getting in the ear wth my Toms. 23. Thad fats on from work." 4 NR. MAISTER: Well, tha's okay, then, 25 _(Resang): B2BeWEARING Page 15 FEARING Page 17 "And his mather hates me." She has got a oroblem with 1 you happened inside his apartment that right, that no 1 2 matter how many times he asked her te leave, she 2 the mather 3 wouldn't eave until she was absolutely convinced that 3 ‘And the relationship ended exartty as the Pro 4 the police ware going to show ua, 4 ow! ended, the seasor 2013 into January, he was 5 'S0 now you kmow not only was she the one that | § elected to the Pra Bows and you flew him cut to Hawai 6 was ater him and wouldn't lethim go, but she was also | 6 forthe game. And think that she thought = he 7 physically volent by kicklng dents in his car door, 7 brought her with. And there is this wonderful sentence 8 ‘Now, her testimony some of her testimony that | 8 in her testimony, “The NFL flew us out to the Pro 9 you have probably read is that Grog has this terrible ow tke you Mew Nicole out, right? Greg brought 10. temper and Greg snapped. Ashe snapped, that's what | 10._Nicle out to the Pro Bow 41 kicked allthis off. Ard 1 would say (o you that if " [And I think she thought she was going to ge 12, somebody had a terrible temper, the moment that your | 12. taking, like, long walks on the Deach and they would be 49. excgitfriend Is kicking dents in your italian sports 43 _having candlelit inners together and all ofthat 44 cor outside a nightclub in full view of everybody is 14 which, 35 you very well Know, thot is not what happens 18. the time you would lose your temper if you were, in 15 at the Pro Bowl, He is working all the time. 18 fact, that persan, 16 nd so you have this testimony that she 7 MR, MANARA: Can I ask you @ question or two? [17 gives. (Reading) 8 MR. MAISTER: Of course. 18 Q. “While you were in Hawaii, ds you spend @ ” MR, MANARA: Is there a suagasbon that on 19 tacof time vath Greg? 20. that cecasion, on Saturday the 10th that that 2 A "No, Eid not. He was very busy. He 21° altercation ectually Became physical? 21 had his forily out there and his fiends, a8 well 9 2 MR, MAISTER: Well other than kicking the 22. being completely busy with the medka and practising for 2 door? 23 the actual game," all true. (Reading): 2 MAL MANARA: Other than kicking the door. 2% A. “"T didn’t even get to have dinner with him 25 DR. MAISTER: No, just Kicking the door, just __|25_one time any of the days we were there, which was HEARING Poge 16 HEARING age 18 1 Kicking dents in the door ef the car ouside the + fine, 2 Fpicerve, 2 MR. MAISTER: Now she's saying it wae fine, 3 MR, MANARA, And arc there actually dents in | 3. The whole week that we were out there -- excuse me 4 tne door? I didnt exe the records there 4 "we." Now T am there - that he was out there 5 MR. MAISTER: There are -- what da you mean? | 5 MS. FRIEL: They sent you out ther, ton? 8 MR. MANARA: In the documents that you sent | 6 MR. MAISTER: Maybe next year. 7 over 7 MS. FRIEL: Then they't fy me. 8 MA, MAISTER: 1 don't think there is 9 3 MR. MAISTER: Iwill be his date, Actually, 9 photograph of any dents in the deor that I nave, 9 wait, no, T take that back 10 MR, MANARA: ‘Thanks, sory. 10 So she's out there and she's ike, “When are " MS. FRIEL: But ware there dents in the door? | 11. you going to have dinner with me? When are yeu going R HR, HARDY: Yes. I got them taken out 12 co nave time for mat a MS. FRIEL: Okay. ® And he is teling her, *Look, that's not what re HMR, MAISTER: So who Is Neole HolGer to 14 this is about.* 415. Greg? iho is this person that is pursuing him to this 6 (Reading): "I die't even get to have dinner 10 extent? They Frst mat at the end of 2012. Grog was 16 with him one time. 1 knew would be able to hang out 17 dating her roommate. By September 2013, Greg end {Tt him in New York. We were supposed to goto the 18 Nicole were dating as boytiend and ginttiend. And 18 Super Bowl together, and he wasnt playirg, 50 ne would 48 they cated from September through the end of January, | 49. have time then." 20. so the relationship was four months, 20 And that week, that finished tim off a ‘and by the end of January 2014, he nae had 21 completely. And the fect Is that fe went with her to 22 enough. She was making extraordinary demands on his | 22. the airport as if tney were going to be leaving 23. timeto the detriment of his work, his obligations and 23 together ane when he gave her her ticket, Sammy was 26 also to his family, unbelievable statement that we may | 26 there, his business manager and his frend, He hag 25 checked her back to Charlotte and he few her first talk about later fe get the time where she says,HEARING Page 19 lass back to Charlote and he went to New York by himsei And a5 far 3s he was concerned, It's @ clean break. We are done, ‘The whole relationship four months, al right, 89 i's rot lke they have got this huge ite together, four months. MR. BIRCH: But they were living together? ‘You guys were ving together? MR. HARDY: Ne, sir MR BIRCH: Oh, you weren't? MR. HARDY: That's what she said NR, BIRCH: Okay, go ahead. MR. MAISTER: That's not crue. Me was paying her rant on her spertment. That is what ft, okay. And so he checks her through to Charltte and he goes to New York. And from that day on, for weeks. ‘2nd waeks and weeks afterwards, she is incessantly texting him and she's e-malling him and she's ealing fim and she’s begaing, {Ym net ~ and t choose my words earetuly When 1 say she was begolng, I mean, she was begging him {take her back, everything that you ean imagine, And Ifyou think I'm overrating the pudding or aver-teing this 8 Mee Bt, let's near it from Mico hersel ud ile played.) 1 2 3 ‘ 5 ‘ 7 ‘ ° 0 " 2 3 16 15 16 7 18 19 2 a 2 2 Pa 25 HEARING In ithe Versace dresses and the Gucd shoes end you Page? ‘want mie to pay your rent ard everyting ese, I she Interprets that as, "Everything wes alvays my faut, wel then, I guess, yeah, he said it was her foul ‘The relationship is over. ‘And 38 she told the courwom on that ~ thet Duly 15th day, she then fel into 3 relationship and she began dating the rapper, Nelly. And that was great because he now has peace, because now she's got another UY and it was Wonderful, She actualy ne tok her for cinner at te Rita, ‘These are the things she's interested In, He took her for dinner at the Ritz and tei taking her ‘ut for her birthday and averything lee. And then NNety made a decison that he ent want ro date Nicole anymore, ether. And now she tums her attentions back to Greg. She's going ta try and get bck together with Gres, so, MR. MANARA: What is the time frame when she as dating Nelly? MR, MAISTER: March MR. MANARA: March? (MR, MAISTER: Right? Because then again, ffter March, right? I wasnt there. (ny not exactly sure when that ol ended, but it was, tke, they broke HEARING Page 20 “Okay, ater Mare A "Yes." “Okay, up unt today thot you were king pm A a A “okay, And how aid Iecome up that very time would reach out to him vi ‘e-mail or something, begging for him back, begging for him to give me another chance, it was always my fault, Everything was always my fault." (End of audio) MR. MAISTER: All nght. Se now you understand also her mindset, “begging for him back. Who does that? “I was begging fr him to give me another chance.” And when she ls saying things ko, "twas always my faut; everything wes my fault, what he was saying to her i, Were done, You ruined my Pro Bowi week for me. That wos the pinnacle of my career, tt was supposed to be # ‘ery enjoyable week and something that f worked vary hard for. And you are creating arguments between me parents ard all you really seem to be interested and 4 " R 8 4 15 6 7 6 9 a 2 25 HEARING aga 22 ‘up, He Broke up with her end ef January. the Pro Bow! was, I think the 26th of January 2014, She went out with Nelly that March, 1 think it was her birthday in March, righ, and thot was MR, MANARA: When is her bithday? 5. McPHEE: QM, remember comely, IMR MAISTER: Well done, Very nice, MS. McPHEE: 1 remember details MA. MAISTER: So that’s rally the history of the relationship. 1's four moths. Ang then we nave already uiscussed that Saturday night, May the 10th lahere she's kicking the door of his ear. And now you are into the mindset, the begging and the pleading and, "You are going to take me home” anc, “I want to ge heme vith you." ‘And on Monday, May the 12th right, this the day, ty of, Monday, May the 12th, his rind and business manager, whe 1 mentioned to you his name is ‘Sammy. Sammy had a crush on a gt named Laura, And the probiem for Sammy was that Laura wasnt the least Ditinterested in Sammy. And so when Sammy — MS. FRIEL: Hoppens. MR. MAISTER: Right. So when Sammy Is cating Laura saying, "Hay, lsten, vou knew, las actHEARING Paez HEARING Page 25 4° together," Laura is tke, "Wo, Lm doing my hai and 1. everything's fine. 2 ailthst kind of stuff, But Sammy has got sort of ace 2 ‘And Nicole has brought with her‘ Botte of 2 upnis sleeve end he says, "Why don't you bring yout 3 champagne and they open that bottle of champagne. Ard 4 est friends and we will go out, al of us. 4 they start gotting into his arinks and everything else, 5 Who isthe best friend? Nicole. Greg, by 5 and a glass gets broken. A champagne giass gets 5 the way, wasn't home atthe time. Grog was working In | 6 broken, knocked to the doo, sound of crashing glasses. 7 his recording studio the day of, which Is the Monday, And people are in high spirits and they are sort of 8 right, He was off that day. His side business ~ his 8 ke, party, this and tat. 9 hobby, his love, he makes music, To my enormous ° ‘And Greg goes, you know what, this isnt for 10 surprise, actually, I really tked it. It was not 10 me. This is not what I am fooking for this evening, 41 really my sort of thing, but factually realy kee 11 And he left the apartment and he left trem all there 12 It. Thave heard some of It 2 [And there is 9 wonderful question that was 8 ‘And they were working inthe studio ail day. | 13. asked. Nicole soys she chased Greg, “Baby, coine back. 14 He gets @ notification. T don't want ~ dont hold my 14 Weare supposed to be hanging out together.” Greg Is 15 feet to the fire whethor it was a text or a cal 18 fke, “1am out of here and he lett 18 Sammy says, "Mey, listen is ft allright [have invited 6 [And she stayed. She actualy didn follow AT the gis over?" AT him down to the street this time. She stayed in the 8 ‘And he is trying to be a good trend and he 48 apartment, And they say to her, “Wel, dd you keep 49 Is the, “Okay, Fine, whatever.” So ne goes back to 1 crinking?® And she goes, "Oh, yeah, we just carried 20. the apartment after working in the stucio. 20 on." It's in the transeript you have, "Oh, yeah, we a MR, PASH: May I ask, Mr, Maister, wait 21 just carried on." 22. known ot the time that Hs. Holder was the best Fiend — | 22 ‘And at that time, she was drinking champagne 23. ofthe other young lady? 28 and tequila. Again, these are her words. Its in her 2 MR, MAISTER: Was it known? 24. statement. Grog finishes up atthe studio. He Is 2 MR. PASH: Yes, 25 _there an hour or mare and he gets a cal from Sammy. HEARING Pago ze HEARING. Page 28 1 MR. MAISTER: Oh, yeah, yeah, yeat, because | 4 Sammy's struggling, Sammy's suffering. It's not going 2 that's Sammy's nook, right? 2 well with Laura. “Could we meet up?" 3 MR, PASH: So when Sammy said, "Tye Invited | 3 ‘And Greg says, “I wil come and I wit get 4. the girls over,” Mr, Hardy knew that that meant Nicole | you,” Sammy, but I'm nat getting the other two, They 5 was coming over? 5 are not getting into my car-* So Semmy says, *Fine.* 6 MR. MATSTER;: Right 6 ‘nd Greg picks up Sammy. Ang everybody, now 7 MR. HARDY: Yes, sir 7 all of them meet up atthe Blind Pig, which 1s a bar 8 MR. MAISTER: Yes. And that was the ace, 8 that also has a load of games. You know, you put 9 Theace was, he knows ~ Sammy knows ifne says, "You | 9 quarters and money in the machines and there are games. 10 and Nicole can come over,* Nicole Is golng to be In 10 MR, BIRCH: Like a smal Dave ard Busters? 11 Laura's ear saying, "We are golng. We are going. We [11 MR. HARDY: Smal, very small Dave ana 42 are going. You are coming with me.* 12. Busters 8 ‘And i's a total cross, right. Nicole wants 13 MR. MAISTER: By Nicole's own testimony, she 14 tobe there pecause she wasnt to De with Greg who has | 14 had had at last two or three more shots of tequila by 15. nointerest in being with Nicole. And Sammy wants them | 48 the time Greg and Sammy showed up at this place, 18 to come over so he can be with Lavra and Laura has 16 Remember, she has hed champagne and tequila at the AT absolutely no interest, respectfully, in being with 17 apartment. She's had more tequila shots at Blind Pig, 18 Sammy. So t's 38 row she's moved on and drinking vocka and Red Bul. 1” MR. PASH: Mell of 2 match ® MR. PASH: May Task ware — where did you 2 MR. MAISTER: Lot's not get started on thet. |20. got pick Semmy up? a So Greg's at the house ana he is showering ET MR. HARDY: EpiCantre 22 and he's getting ready and everything else. And 2 IMR, PASH: So they had let your apartment 2° Nicole anc Laura come in with a couple af others. And | 2a and gone to the EpiCentre? 24 Gres, lke, okay. And Nicole was sober. She was 4 MR. HARDY: Yes, st. 25 _polte. He was polite. Everybody's polte and 2s MR. PASH: I see.2 25_I is what it REARING Page a7 MR. MAISTER: So he picks up Sammy by himself {and they 90, right? MS. FRIEL: Wait a second. You pick up Sommy? MR, MAISTER: He picks up Sammy, MS. FRIEL! And you say they all go. What happens to the other crew? Because 1 know they end up at the Blind Pig, MR. MAISTER: The girs had previously ~ Sammy had separated himself from the girs, The girls went to the Biind Pig, Greg picks up Sammy by himself ‘and they all went to the Blind Pig. Remember, Sammy wants to get together with Laura and Greg's trying to help hien to do that. MS. FRIEL: Mr. Hardy, dd you know they had ‘already gone on to the Blind Pi, they would be there when you got there? MR. HARDY: Yes, ma'am. [just didn't want them in my car MR. MANARA: So you are trying to help out your buddy? MR. HAROY: Yeon, FR, MANARA: And you were wing to kind of take one for the team and hang out with Nicole? MR. HAROY: Yes, sir. She didn't go crazy. HEARING Page 28 That is my best friend. I knavin him since twas eight NR. MAISTER: By the way, Greg was with {nother gil, with Shea, right? MR. HARDY: Yes, si. MR, MAISTER: Who works with him atthe recording studio, So lt wasn't just lke the four of them were there. Was Marco there at the time? MR, HARDY: Marco was at the EpiCentre, st MR. MAISTER: So Greg showed up with snether Gin, Shea, 1's in the record, Rachel Shes. Well cone. MR, MANARAS I'm sorry, ean 1? MR. NAISTER: Go on, MR. MANARA: What sort cf communication hac You had with Nicole, you know, I quess in the March/Apni/May time periog? MR. MAISTER: Can T answer that ane? I am {90179 to answer It fr you, and then if you have 2 follow-up question ~ he is trying to be polite, MR. HARDY: Did Sammy tall thom thot he asked ime to call her? MR. MAISTER: Tell them, M5. MePHIEG: Just tell them, It's a fact 10 " 2 B “4 18 6 w 8 ° 20 a 2 2m 1 " 2 13 4 1 6 v 8 19 20 a a Pa 25 HEARING Page 20 MR, MAISTER: Nicole was sil ying, bepoing -- you saw the etter -- besgang, bagging, ‘begging to get back with Greg. There was one thing ~~ MR. PASH: Winatletter? I'm sorry. MR. MAISTER: You sew the transcript MR. PASH: Oh, the transcrigt. I beg your pardon, okay. MR. MAISTER: The begging, This is whet it 's, and apparentiy iis al staying inthis room. MS. MePHEE: This is all confcentia ont worry about i IMR. MAISTER: This is one thing thet she ould do, that she could say, that she coud offer that would get a response from him. MR, HARDY: And that's ~ tll ther, MR. MAISTER: She would ofter to perform a sex act on his, MA. HARDY: Like, she would e-mall me. Other than that, the time when Sammy = that's the only other time, to my knowledge, yeah, but other than that, they ‘would be once or twice responding to her e-mails, ike yeah, Iwill be there. And other than that, 15 minutes, later, fam gone. MR. MANARA: And was thet continuous over that whore two oF three-month period? HEARING Page 30 MR. HARDY: About ence a month, sts about five times total in ~ tobe frank and hanest ~ in the public ploce, inthe garage of the Epicentre and not, like, at @home, She was just, lke, “Come here." And she asked me a couple thousands times, you know," willbe there. 15 minutes later, Iam gone. I don't {alk (© her until she e-mails me. But she would e mail me a lat, but she would ask me to meet her there and so fn and se forth == MR. MANARA: Okay. MR. HAROY: - offered the sttt MR, MANARA: There Is some reference, think, in the transcript to kind ofthe "hookups." Can you explain? MR. HARDY: ‘That's @ good word fort. MS. McPHEE: Yeon, that's 9 very PG version. MR. HARDY: That isthe context, the extent, ves, si MIR. MANARA: But che hookups were not, ke, after going out to dinner foro night af hanging out? MR. HARDY: No, sr. She would come down from, like, hee job at Suite, hoot up and then later go back to work. IMS. FRIEL: Having intercourse or oral intercourse, vaginal intercourse or oral intercourse oFit n 8 14 6 6 7 e ® a 2 a HEARING Page St tn? MR. HARDY; Never, lke, both atthe same time, either ral MS, FRIEL: Sometimes one, sometimes the other? MR. HARDY: fe depended upon what she wanted, MS. FRIEL: I'm sorry? MR. HARDY: It depended upon what she wented. MR. MAISTER: Now that that's sort out on the tabie, quite lterally, also consider the mindset of that. Come on over. Let's do this and I am going back to work and 1 will se you later. 1 mean, this is not ‘2 ideal thing. 0, they go to ~ we are at the Blind Pg. Do you have any other questions on that? Bacause we are atthe Blind Pig and now they are going to go to a place caled Blackfin. MR, MANARA: Where were you on the 10th? MR, MAISTER: We are on the 12th, Ths is cay of. MR. NANARA: Right, L understand, The 1otn you were at EpiCentre? MR. MAISTER: Alone, and she came down ~ NR. HARDY: Bubble? MR, MISTER: -~ and found hin in the cub, HEARING Page 33, wants to 90 to Bubble, fed Bubbie, agai, isthe lub that 1 told you about atthe Epicentre, ‘And they all go to Bubble. Ard it was better for him because there was a fot of paople there. And he was able to get @ table. He had a oass or two of champagne. The otters wore drinking champagne and eney could all mi and mingle with other people. And snonty before 2:00 ~ I guess they close at 2:00? MR HARDY: Yes, si MR. MAISTER: And before 2:00, he does his sappearing act again, Those peoele, Sammy and one or two, not Laura -- excuse me -- not Nicole and ne asappears again. And she, sure enough, oh, Greg's 09 the move. She follows him down again to the valet stand, again. {And he gels in the car and she says to him, “okay, we are going home now, right? You ara going to take me homme tonight?” And he says, "No, Tam not taléeg you home.” And now she stars again with ins behavior. ‘Only this time, what she says to him when she's starts getting hysterical and crying is ~~ and these ace her words she says, "Ihave been atacked bby a bur." And you probably rand that in the transcript. She's been attacked by a bur, 25 " 2 B “ 18 16 7 18 1” 20 a 2 23 ey 25 HEARING Page 3? Fight? So ight, she has had champagne, She's had a bunch of tequila. She's drinking vodkas and Red Sul atthe Blind Pig, And when she gets to Blackfin, that’s when she gets into the cocaine. ‘And Chis Fake asked er, “One of the reasons you were so wild that night is because you had eon taking cocaine, correct?” ‘And she says, "Yes, Laura and I eld a line of ‘ocaine in the batnroom at Blackfin." Se please consider, okay, cocaine, fine. But look at the combinction of what she's doing, champagne ‘and tequila, vodka and Red Bull and now cocaine. “Ana she's £30 pounds. And this all between ~ by her ‘own testimony, between 9:00 and, Ike, 11:30. So what is her level of sobriety at this point? She's -- God, she's out in eft Feld. Ane {is 5 not in the transcript, Hf, but if you ask Greg, he wit confirm thot he was pouring out half of her rinks. She would get a vodka and Red Bull, He would pour it out and el the bartender, “Just fil it up bith the Red Bull, no more vodka for this gi.” ‘And you kaw, she was arguing with nim and sha would get ancther one and ancther one. And this ‘9005 on fora litle while. And then Laura is Bored. aura decided she has had enough of al of tis. She 10 " 2 0 “ 15 16 7 1% 18 20 2 2 2 2s HEARING Page 34 ‘Now t would ask you the following rhetorical problem. tf homeless person oF whatever tis that she's trying to refer to, iF a person was eairg to ‘attack a young lady at 2:00 a.m, for ether robbery motive or fora sex offense mative, would he do it at Ube volet stand outside a nightoub as everybody's leaving and people are everywhere? Is that ine place that somebody would choase to victimize a young woman? ‘And I suggest to you thot that wouldnt be the spot that you would expect them to choose, But she's creating a scene again and she's erin, "You hove to help me” and, “He hae touched me” and all of this sor of thing. And 50 he soys to her, and he says, ine, becouse wnat happened last time, ‘So his plan is that ~ five or sie of Lem, ‘thay are all going to get in hs ear, hole going to take ther ail back tothe apartment butlding to the 1vas and from there, quietly everybody wl go. But what happens when they ge: hack? Everybody goes upstairs, So here isthe halvay that leads upto his apartment. (Playing slideshow.) MR. BIRCH: Elevator to the leit? MR, MAISTER: Behind you MR. HARDY: Hallway, 5 that skinny hativay own to the elevator?HEARING Page &5 HEARING Page a7 1 MR, MAISTER: Okay, front door. You walkin | 4 bathroom isin the back, 2 the front door. This is the corridor. The master 2 “This 1 a tiny, tiny = you know, fora nice 3 bedroom is a hard left here (indicating), alright, 3 apartment, I find this to be a very, very, very tiny 4- Gown the corrcor. 4° room and that bathroom is ridiculous, okay. have 5 MS. FRIEL: So is that taken right from the 5 sent you, 1 believe, the dimensions ofthe batheoon, 6 Front door standing ~ © okay. So this from wall to wall is five feet Z (MR, MAISTER: With the back to the front 7 Gindicating), 8 coor, 8 [Now just to put that into perspective, that's 9 MS. FRIEL: And you are saying the door to less than the width of this table. 1 think this table 10. that other bedroom we just can't see the door, put t's |.10. Is.sx feet, maybe five, I think Ws se feet because 44 tothe len? 11 HFT stratch my arms outside to side it's si foet 2 MS. McPHEE: Let $2 (indicating). That's now small this bathroom sin 3 MS. FRLEL: Of mat thing sitting there, that 13 fect, i this table is eight feet long, e's exactly 44 shelf thing? 14 the size of this table, That bathroom ie fve feet by 6 NA. MAISTER: Yes, 18 eight feet. 6 MS. FRIEL: Okay. 6 MR. MARDY: Small 7 MR. MAISTER: And I did diagram. You 7 MR. MAISTER: Right. Gives you an idea 48 should have k. 18 That tolet becomes important, obviously, end that ® MS. FRIEL: Yeah, And that’s the leundry 48 bothtub, okay. This isthe layout ofthe epartment 20 area with the doors as you see con the left going down | 20. that you have Just seen. You welk cown this hatvay, 24 the hallway? 21 come into this living room, go around the corner. a MR, MAISTER: Yes, yes. 22 Here's the French doors. 23 MR. HARDY: No, that's usta closat, avery | 25, Greg and Semmy go back tothe apartment, 26 small doset 24 two of them go downstairs and they have a conversation 25 NR. MAISTER: Isn't that laundry here? 25 _becouse of something that somebody sald about his HEARING Page 56 HEARING Page 38 4 MR. HARDY: Oh, whoops, to the left 4 sister outside the valet stand, 2 MR. MAISTER: Yes. 2 MR. BIRCH: Conversation? 3 MA, HARDY: Talking about thet door ight 3 Mn, MAISTER: Sammy and Greg, 4 there? 4 MR, PASH: Becouse of a comment about 5 MS. FRIEL: Yeah, the coor 5 Mr. Hardy's sister? 6 HR, HARDY: That's just a very small closet, 6 MR, MAISTER: Somebody said, "Hey, Greg, 1 7 coat coset 7 know your sister." And he left, but then he slike, 3 NS. FRIEL: Okay. 8 “What does thet mean, ‘know your sister?” What are a MR. MAISTER: You saw the couch, right? 8 you trying to say tome?” And he didn't understand it 10 That's the couch, that's the same couch. That's the [10 He has a very special relationship with his 114 kitchen counter, okay, And there is another very long | 141 younger sister. tn fact, she stayed in the master 12 couch here, okay. Same kitchen counter. That is tbe | 12 bedroom. He gave ner the master bedroom af that 43° kitchen, right, So that's the left of what you just 43. opartment. Obviously, she wasnt there for any of 14 sw, right, counter, counter. 14 this, 15 MR, BIRCH: L-shaped kitchen, right? 8 But he was sort of ke, he said to Sammy, 18 MR, MASTER: Wel, no, It's = it goes bke 16 “Do you think I need to go back end ask that guy ts he 17 this and then here is the counter. 47 asking me something? Is he fust coring up to say 8 IMR. BIRCH: Iam saying the cabinetry is it 18 hello?" You know, people are going to find all kind of 19 an Loris t more tke a straight tine? 18 ways to come up to Greg Hardy In Chariotve ané make an 20 MR. MAISTER: Yes, yes. 20. introduction, and the obvious thing i, Hey, know 2 MR. HARDY: Uke an angle, obtuse angle. 21 somebody you know, whatever itis, okay. 2 MR, MAISTER: So ifyou walk - if you walk | 22 “They go downstalrs for'a while. They go backe 29. here and then you turn and fece what's on the backsige |23 up and Greg says, “Everybody get out." He s going to 24 of that wall, 's these French doors, al right. And 24 90 to practice next day. It's part of his contract 25 _He had a summer practice schedule. All ight, and he 25 Ifyou took through the glass, you can actually see the" 2 2B “ 18 6 w 8 0 20 a 2 Pa HEARING Pege39 {3 going to practice the next day. And he says, “everyboty ga. Get out" ‘And everybody does get out excopt a fiend of is named, Marco, from back In Memphis fom the old ays has pico up a gir namea Kristina. And Kring Inter tums eu to be Kristina Laurence. And t's just say Moree and Keating rie to the master dese MS. FRIEL: Can 1 sek you something, When he says, “Everybody out, T got to go t9 practee” ane everybody leaves excent Marco anc Krstina dont leave, who is tha Yeveryone” hat leaves? Because I thought Sammy took Shea home, right? MR, MAISTER: Yes, NS, FRIEL: So Sammy masrt thers? MA, MAISTER: Correct NS. FRIEL: So who leaves when ne sele, “everyone leave"? HR. MISTER: No, when Sammy and Greg finish ‘the conversation, he took Shes. MS. FRIEL: Right (MR. MAISTER: Marco and Kristina ai not leave. 15, FRIEL: Right NR. MAISTER: And Nicole refused to leave as HEARING Page 41 Gel. He didnt say to Nicole, Hey, Isten, we are net dating. He showed up with another gin. 1M. BIRCH: She would have krown she dds knew Shea? MAL MARDOY: Yes, sr IMR. MAISTER: An Nicole rafuces ta leave, And Nicole storts doing, agin, what you heard Nicole tis on Saturday night, “Baby, Nove you. Baby, I ust want tobe with you Baby, won't you be with me?” Ans he says, "No, we are fsihed= Now she ha @ DUI fay recent, so he init want her to drive home. So one of the ostions wll have Sammy eve you heme, J wil get you tank 1 wil get you # cer.” "Baby, Love you. Baby, why ae you doing {histo us?" On and on and on anc on ang on. And when ‘he realizes that t's nct. going to happen, tha the fone thing that she used to be able to get together with him o's not going to happen anymore, she gets physeaty abusive Instead of the car door, this me she sears slamming these becroor coors, bam, bem, bor, And he timacely unpins tase (ingicating), so that thay ae ‘open so that when she's slamming the doc, the Kea is they won crash together. But, ofcourse, ere ie 25 " 2 2 1“ 6 16 a 6 19 a 2 2 24 HEARING Page 40 incl, He ssid, Everyboay leave," but thay didnt leave. MS. FRIEL: Oh, 1 thought you just sold, ‘everybody left except for Marco ana Kristi MR, MAISTER: No, he a0, “Everybody leave" Sorry. Marco ang Kristina refuse to leave. They tito the raster becroom and Woe refused to So no one actualy fet? Well, Sammy and Shea eft Sammy and Shea, and Sammy eames AR, MANARA: aR aIsreR MR, MANARA: base MR, MASTER: MR. PASH: Where is Laura? MR, MAISTER: Naver got Inthe car on the way ‘beck rom Bubble, Remember what { tolé you about Laura correct ‘ane Sammy? MS. MePHEE: Not nto i MS. FRIEL: What about Leura? INR. MANARA: Dic you say ~ sory, ths wasnt clear. Were you doting Shea at tha time or no? NR, HARDY: MR. MANARA: Okay. You work with her? ‘were recorsing together MR. MAISTER: The But nevertheless, you know, he shows up with anather HEARING Page a2 19 you know, 2 what you call it, the things that ‘stops the door from swinging all the vay through up here (lndeating). SSonaw the coor hitting the frame, bam, bem, bam. And he ignores her. He khores er which rakes her even more crazy. “YoU need to go hone, 1 want you to go. Got out. We are finshed, go.” She starts crying and whaling ane everyting te {nd then she s9ys to him ~ dont hold me to the exact words ~ “if you want me to go home, fm ing to ill mys, I ral ysl (eta what you want? You want me to kil mse!" And he krows that sha has had psychiatric Issues before, And, of course, fe does not want ner to lal erst. So he Is trying te ealm her cown, And ‘she then keeps going with ths. Ane tora ie testimony «und teraly# could do this for hours and hours ard hours ~~ tare ie testimony nhere she 07S in one ofthe statements that you have, she actosly says that, “Iwas s0 low, Twas reeay to dn.® But she puts tn the context or he was eting me and 1 sd, "Wel, wry cont You go ahead ‘ond finish the job? That's how I fet.” She dowen't Leny 6 tt point she was faking sulciel Ihe she wanted to die. But what realy happens i se I 2510 1" 2 13 4 6 18 7 * 1° 2 2 2 4 HEARING Page 42 saying to him, "How about if! kill myself? Wiould that ‘make you happy If | kill mysolf?™ ‘And now he is worried obviously that she's ‘90ing to kil herself, but also he's worried she's to kill herself in his apartment. And so when ‘she goes to the bathroom to put her clothes back on, by the may, he refuses to let her close the door because hhe doesn’t know wihat she's gaing to do in the bathroom, with the door closed, And so there is this banging and the slamming of the doors and everything else, And at some point, ‘she ends up in the bathtub, Nox, Greg and Sammy and the testimany trial, it appeared that she jumped into the bathtub or she flung herself into the tub, 1 cannot prove how she got to that tub, but Fil tll you this. I went into that bathroom and I went in and | ooked around and 1 wanted to see it. There is 9 scale that you weigh yourself on here in the corner of this picture (incteating) Swing around so everybody can see it. ‘There is a scale on the Noor there, And when I went into the bathroom and this is just me, 1 tumed around and I hit my heal on the back of that scale. And itis my absolute sincere belief that she trinped backwards over the scale and fell backwards, HEARING Page 45 MR. BIRCH: Does that door ~ does thet door close automatically if you don't open it? Wil it shut con its own? MR. HARDY: I don't understand what you are ‘asking MR. MAISTER: This door? MR. BIRCH: Yeah. That coor will close if ‘you just let it 90? MR. HARDY: No, sir, you can lack it from the inside. MS. MePHEE: He was saying he was holding It ‘open because he didn't know what she was going to do. MR. HARDY: She was trying to hold the doors. ‘She went in and tried to ~ 1 was like, oh, shit, put my foot on the door, Just stood there tne whale time. MS, MePHEE: Frank, car I just ask one? MR. MAISTER: Go on, MS. McPHEE: Can you stand up? MR. HARDY: Yes, ma'am, MR. MAISTER: Iam not there yet, Sit down MS. McPHEE: You are going to make that point, though, with me a demonstrative? MR. MAISTER: We are getting there MS. MePHEE: Okay. MR. MAISTER:_{ ar trying to give to you sort 25 HEARING Page 44 either up against this val (indicating), but like, you know, like you would do and then It's only @ short area 59 she held herself (Indicating). And J cannet prove {nat that's what happened. But she ended up in the bathtub, MR. BIRCH: But just to be clear, it's your -- and 1 won't call it testimony, but it's your position that you had zero part In her getting from standing up to in that bathtub? MR. HARDY: Yes, sir, the whole time I was standing right up against that door, holding the door ‘open with my foot, not even inside the bathroom, MR. MAISTER: Now ! am going to skip ahead Just 2 tiny bit and then we will come back. T want you to look at this dlagram of this spartment again, Remember I told you ~~ MR. PASH: May I just ask, you were there the whole time. Did you see how she fellate the bathtub ‘or how she ended up in the bathtub? MR. HARDY: No, sir. It was fast. L just, 1 ‘Saw her end up in the bathtub, but just looking back {and forth with Sammy there, talking to him trying to {get him up and get her ready to go out. 1 heard the: noise, looked back andl she had failen into the tub, MR. PASH: Okay. 1 a a “ 1 16 7 8 19 20 2 2 22 ey 2s HEARING Page 45 of as happened, okay? And I am actualy going to ‘skip shead a tiny bit. Okay, so she's absolutely losing it. By the time he gets out into the main trea ~ oh, excuse me. Excuse me. She ends up in the bathtub. He leans in. He scons her up. He stands her up on her feet. ‘And that's when she started punching, kicking, scratching, hitting. At that moment after he ‘scoops her p out of the bathtub is when she physically attacked him. And those are the hits and the kicks and the scratches and the biows that he hes described on ‘the 911 call, at that moment, Now, I am sure or 1 quess ~ I don't know why 11m 50 sure ~ that you have all heard the ether 911 call that came out of the apartment, actually the ‘apartment building that night. And i's this other Gin, Kristina Laurence, who called, And the reason 1 ‘am 50 sure you have heard it fs Because it was playing ‘on a loop on ESPN for, like, @ month last summer. "There is a gir getting ner ass kicked vpstairs. I heard it and I seen it. 1 wes in the ‘apartment and I soon it." Kristina Laurence was in this master bedroom with Marco. She came she wos sleeping. Please, please. She also cluims that she had to put her clothes on before she = whateverHEARING Page «7 ‘She ran out ofthis door, up out the front coor ang out the hallway. Everything that has been described is taking place here (indicating). There is no possible way that she sow anything tho was going on in these rooms from here e hereto here (inleatng). ‘And 1 am going to prove to you in black in white in her ‘own words that she didn't #28 it What she did hear is the ruckus thet's going ‘on withthe slamming of these coos, and this eoor hitting the wall holding the door open and Nicole {ending up in the bathtub, And the reeson it probably sounded so loud is because this bath shares a wall with the master becroom. “The master bed is here, So's iterally four inches away from her head on the other side ofthe wall is wnat Kristina Laurence is nearing. And if you don’ believe me, and I am teling you, everything 'm saying to you other than the opinion stuff that I'm telling you is opinion, if you dont believe me, here's what Kristine Laurence testified to kristina, Laurence testified to the prosecutor's question, “Kristina, during this call you s2y thet you had seen an assault, Oi you actualy see an asseut take place?” Her answer, "No, Elidh'. And tke " 2 13 “4 8 6 a 8 0 20 a 2 mo 25 HEARING. Page 48 phone, who is she cating? She's not cating #11, no ‘11 call from Nicole, Come back to chet in 2 mist Make sure yau ask me that question; wha ie eh valing Makes her way out ofthe lobby. One Charlotte Mecklenburg police car, O40 CCharlotte-Meckienburg police car, two police cars. What le that, ten yards from the Font doors? Mere she ‘comes out the daors, She's been beaten for 20 minutes. Her ex-boyfriend trie to kill her in her apartment, crushed her wingpipe, nearly killed her. She wanted to dle, She thought she wae going to die, ‘And 50 what does she do? Well, of course she ‘does wht you would expect herto do. She runs out Into the waiting arms of the Charlotte-Mecklenburg Police Department and sho tlls them, "My boyfriend tried to kit me. You got to go upstairs. He's up there right now. He just beat me for 20 minutes,* Fight? Thats what she does. Is thet what she does? No. You know what ‘she Goes? This isa police officer's testimony. This Is no friend tothe defense, These are the cops. Officer Kendrick responding to a dipateh call atthe Ives. (Reading): Q. "what was the first call you resaended to?* A " 2 8 “ 8 18 7 8 9 20 2 2 eRe HEARING Page a8 whenever «like, Officer Kim, lke, 195 ike" = Just get past that. "I was, lke, {didnt see lenything because 1 was in the room.” And what she means by "the room" is the ‘master bedroom that I told you about before. Okay, you cannot get more clear than the witness on dee, not ‘coss-examination, saying, "I didnt sce enything.” ‘And yet, and sne said that she told Officer Kim that she didn't see anything. Do you know when she tol Officer kim that she dnt sae anything? (One hour after the 911 cal, one hour after she went ‘And nobody, winen they relessed these tapes to the press, and when they released It to the mea anc when everybody was playing it ond everybody was talking ‘bout It, nobody from the po'ce department or anybody ‘else came out and said, Yeah, I know you have this tape, but she tale us she didn't actually see anything, ‘50 you can stop playing it now because it's rt true ‘Nevertheless, nicole Holder testines that ‘sho was beaten by Greg Hardy for 20 minutes. She sald It under oath ip tho cifferent places, That this was 9 20-minute beating, right? So what haprens? Greg calls 911. Somehow she's able to escape, right? Right, fine. She gets in the elevator. She comes down tothe labby. On the " 13 14 18 16 7 8 19 a RSS 25 HEARING Page 50 @, “who was cating: do you remember?™ MR. MAISTER: He remembers, “Nr. Hardy" called. That's important, who made the call Q. "That was tne information you naa?” A "Yes, sinc” Q. "What cid you do? Who du you see?" A. “Tsaw Ms. Holder exit through the front door of the building.” Q._“And what cd she do upon seeing the poice?™ A. “She looked at us and then she began to run down Fith Street towards Church Street.” @. “She was barefoot?" A. “Thelieve x0." he was running?” A. "Yeah, she was running, 9 you remember what she was hodlng in her A. °No, Tdon't.” Q. “How al you stop her?” A. "TJogged behind her and yelled at her to stop running.” Q. “Ard who else yelled at her?™ A. “officer Prentice.” 1. “Hour many times ald you have to yet betore she sopeed?™far now about 30 minutes HEARING Page FEARING Pace 53 1A. "Two or three times." 1 NH (Unitegise.) 2 @ “ener 2 YO: "Stand over there. You keep saving you 3A "Yes" 3. fell. wnat really nppenedr* 4 MR. MAISTER: So I ask you to picture this ‘ Nats (Unintetigite» 5 scene as wall right? Nicole Holder comes cut of the 5 P/O: "Again, you need to sive me a wiiten 6 apartment building. There is two police cars there. 6 statement. You are nat going to give me 2 writen 7 What does she do? She takes a look at the police 7 staroment?" 8 officers and she starts running away from the police 3 ts "No" (unintelligible, 9 officers down the street. And there is two policemen | 9 (end of viceo.) 10. chasing after her saying, “Hey, Nicole, stop, stop, 10 MR. MAISTER: Three things, Number ene, she 11 stop. 11 refuses ro ple the poice a statement, All nt, 2 ‘She doesn't stop untit they each tol her 12 well okay: number two, she never touts, fons, 13. three times, And it's @ truism the law allows you to | 13. rubs, moves or makes any gesture towards her 3m; 14 make an inference that fight from the police ie 14 number thrae, she is noling her purse, ner handbag in 15. consciousness of guilt. So they get her. They finally | 15. her eft narm. 16 gether to stop and thay bring her back and they put | 18 Soles recap. Greg Hardy cls the poke 17 heron video in front of the police car. 17 Geog Hardy tells 911 he has been attacked in his own 6 Now, you will remember from her records that | 18 Home, Mcole Holder Mees the apartment. Nicole 48° the thing and her testimony that the thing that she | 19. Holder sees the police, Nicole Holder rn away fram 20 complained of more than anything else is she claimed | 20 the pclce, Nicole Holder refuses to give the police 9 21 excruciating pain in her left elbow, right? 21 statement and they arrest nis guy {ingeating), 22 Excruciating pain. Now, Fevean, the headiine gives it | 22 Where? How? What? Vihat? He sts in ns 23 away, She refuses to give them a statement, right? [23 apartment and welts forthe police to come up. She 2 We have ail injured our elbows before at one {24 runs away from the poe, She refuses to give them 4 25 time or another. tither you have hit your funny bone _| 28 statement. They arrest him, And 60 days ate, 69 HEARING Poge 52 HEARING Page 54 1. or sprained your elbow or whacked it on something or | 1 davs|ster, he isin tal. t have eases two, thee 2 jucthurt it. what do we do? What ist to be 2 yeats old, He slo trial within 60 days under thi 3. expected that we do when we have injured our elbow? | 3 Carcina system, 4 Whatdo you do? You fect It. What would be going on | 4 (Reading): “The purpose of ths tril thet 5. Inthere? You touch it, right? That's what you would — | 8 we are going to have Isto provide exminal defendants © exoect tosee. charged with misdemeanor Violations the right to-« 7 So want you to consider two things as you | 7 speedy era! and to ater thom an opportunity te learn 8 watch this video. Flest, would ask you to consider | sbout the States case without revealing thoi nn. tn 9 whether @ woman who has -- this particular woman has | 9 the latter sens, his procedure ean be viened 08 0 10. boen almost killed In 9 20-minute beating - by the 10° matter of ree criminal ascovery. Furthermore, 41 way, there is no infuries to her face, ever is 41 toliowing any beach til inthe Distt Covet, al 12 finally now with the police. She's in the aafe place. 12. pereon are entitled toa de novo jury tral." 12. She's now got an opportunity to tell the police what | 13 Well, thanks very much fort, Cartna, 14 happened to her. That's number one, 14 Guess what? The Federal Unted States Corstttion 8 Number two, X would ask you to wateh her body | 15. Billet Rights seys you gota jury tal, which the 16. tanguag: 1. orth Carving Supreme Court defines, ‘As @ new til a (veo played.) 17 asa matter of absolute right frm the beginning tothe 8 P10: "need you to olve me a writen 48 end. It totaly eisregards the ples, tal verdict and 19 statement of what happened. 19 judamant ofthe Distoct Court. The de novo tial” 20 Ms (Unintcgte,) 20. Incther words, once you file Fora de novo trl t's, 2 P10: "You are refusing te give me a vrttan 21 “asthe case was hought there origmally and there 22, statement of what happened or not?” 22 had dean no previoasly tral" B is (Uninteligibte) B want to make 9 coupte of poiats hero ea F/O: “have been trying to tlk to yaw now 24 Fistot af, as was explained to me, some anyers 25 when they have a case tnt you know © gang to end un4 2 a “ 8 16 a 6 19 20 2 Be HEARING age 55 in front of the jury, rather than ge through the humiliation ofthis kangaroo court ~~ ang I mean that ‘uite sincerely - they will plead guilty. They wil have their client plead guity in the District Court; excuse me. And then they file immediately this request {or a jury tral and the plea is immediately vacated de nove. Why? Because the District Court is nat 2 ‘court of record. So you can plead guity to the District Court judge, avoid the humiliation of this ‘tal, i that's what you want to callit, and then you ‘an file immediately for a jury triai which, ef course, the Federal and the Carolina Constitution, i's @ matter of absolute right. actually, I think i's insane, { suppose there fsa purpose for sort of very small misdemeanor eases you want to move the docket. Without a three-day Jury tial, you can have a one-hour bench trial, And ‘tthe defendant is happy and he had his day in court oF the victim, you know, If they are happy, they had their day In court, fine, we can mave on. Cal the next case, ‘Ts ts the bie that really bothers me. The bit that really bothers me is that they say, well, this first trial, it doesn't really matter, Its not really 1 2 3 4 5 6 1 e 8 10 " 2 8 “ 15 6 7 8 ” a 2 2 2 2 fa HEARING Page S7 {image t's really, realy importent te get a feir end impartial judge, night, somebody that coesnt have any sort of bias one way oF the other in these cases, because she is going to hear all the evidence and she's the only person ~- the only person who Is going to make ‘8 decsion in the case. ‘And Greg got Judge Backy Tin. And 1 took this off ner campaign website, right, So this is her bio. These are her committees. There i an ‘opportunity for you to endorse her if you wish. You can send her money, @ campaign contribution, and then this is how you can contact her. What are the two things ~ the fest two mest important things that Judge Tin wants yeu te know about her? First ofall, she wants you to know she went to Harvard Law School, You know what? That's what 1 would put on the top of my résumé as wel, Here's the second thing she wants you te know about her, that while she was at Herverd, Judge Tin was co-chair of the Harvard's Battered Women's Advocacy Project So if T understand this correctly, and f think I do, you walk into court 60 days after your arrest. You are entitled to no discovery. You don't ‘know what the State Is going to pull out oftheir file 1" 2 3 4 5 16 ” 6 19 a 2 a 2s HEARING Page 58 Important. what it realy is, i's the opportunity to team about the State's case. That's what It really is, And it’s 2 method of tree criminal decovery. ‘And the reason that It bothers me so much is lay and {mat the headlines in the newspapers the né all over the Internet were not, “Greg Hardy avails bimseif of the opportunity to get free discovery. ‘They were not, "Greg Hardy takes the opportunity to learn the State's ease." ‘The headlines in the newspaper the next day was, "Greg Hardy is guilty of a domestic violence crime.” So somebody needs to explain to the media in Carolina and the world that oh, by the way, this doesn't really count. Because they seem to think thet ‘R counts, And their headlines reflected that ne was found guity when, by the time they le the courtreom, it was already vacated and over with. Now, imagine my surprise to find out that you walk into the court for your teat in 69 days, 1 thought that was crazy. And I actually wasn't there [wasnt invelved in the case. You walk in, 60 days for the trial. in fac, it had been delayed so they could at least put something of a defense together, Imagine my surprise to find eut you don't get 2 Jury that you are only going to get a judge. And so 1 2 a “ 6 6 7 0 ” a 2 2 u HEARING Page 68 You dont know what witnesses they are going to cal You do not get a jury tral. You get one jurar on your Now, let's talk about jury selection a litle btm criminal cases in civil cases, toe, we pick juries. You get 2 panel of 40. And the dafense gets certain number of strikes ond the State gets certain ‘number of strikes and we strike the people tnat we think have prejudged the case or people that have prejudices and biases. 1 would be malpractice, malpractice for a lamyer selecting @ Jury to put somebody on the jury ‘that was co-chairman of a Battered Women's Advocacy Project or even a member. It would be malpractice and if your client was convicted, i is very likely that the Appeais Court would overturn that verdict based on infective assistance of counsel, ‘You could never leeve in gooe conscience 3 person with that on thelr résumé on your Jury. And not ‘only was she on the jury, she was the entire jury MR. PASH: Was there a request mace or is it ‘even permitted to ask that Judge Tin recuse herself or Step eside because of thst concern? {don’t know if that’s even allowed, VIR. MAISTER: t's not, no. And she sts on1 2 3 4 5 6 r 8 9 10 ” 2 8 1“ 8 6 7 ® 1% 20 2 2 B ey HEARING all domestic cases. She's it. MR. BIRCH: I would take it, then, that this {issue has been raised outside? MR. MAISTER: Doesn't matter, because it's a de nave tea MR. BIRCH: Well, am asking has this Issue ‘boon raised with respect to her siting on theee types of cases, generally speaking? MR. MAISTER: First of all, not that I am ‘snare of Is the only answer I can give you for that. ‘And { have never sald anything about this, by the way. 1 mean, all right, s0 ~ MR. BIRCHI: I mean, F guess one ofthe Issues that! have is ~ think I understand your point with respect to jurors, But I think that the points related to to Jurors hearing matters and what, you know, Is ‘ne basis for recusal Is a tte bt ciferent standard than what you have of a juror serving on 3 particular case because, in thecry, they are supposed to be trained to, you know, to guard against some biases thot a furor would not have some training; i= that fair? MA, NAISTER: tn theory, In theory, that's true, And in practice in the courtroom, we al know Page 69 that Judges bring their own biases and thelr awn = " rf 13 1“ 15 16 7 6 19 a a 25 HEARING Page 61 Wy aid they have to 90 14 hours In one day? What case did she have wating te go ~ remember, this Is District Court ~- that was more important than what nas being done here, knowing what the heodiines were going to be? Well, sorry. (Oh, Forgot to tell you something, When Nicole was standing cutside refusing to give @ statement to the police, she made 16 phone eae and she sent one text that we know of, to in. She called hi 16 times. MS. FRIEL: So that’s who sho was caling? You sald we should go back and ask you who she was calling on the phone, MR. MAISTER: You forgot, MS. FRIEL: No, MS. McPHEE: We don't know we are supposes to interrupt riveting narrative, Mr. Maiste. MR. MAISTER: Never, never MR, MANARA: Solteraly as she was walking ‘cut of tne ofevator —- MR. MAISTER: I can't vouch for tht. rot sure, I haven't done matched the ting of the calls to the - to the elevator scene, MS. FRIEL: To the elevator? MR. MAISTER:_I ar not willing te vouch for You forgot. Im 25 1" 2 6 “ 8 6 ra 6 ” 20 2 2 24 HEARING Poge 60 coven it's a subconscious level of sympathy, we alt know -- you know, you have walked into court in cases where it doesn't matter what you say. It doesn't ‘matter what you present. You know this judge Is going to rule particular way on this issue. You just know that they aro, ght? ‘And I would ask you to look at something as small as this, Mey started this tat whatever It ‘Was, 9:00 they all showed up for court. She announced _ 6:00 that ne matter what happened come hel! or high water, they were going to nish the case that day. Why? Because she wanted to hear more evidence? Because she wanted to encourage the lawyers to-do more investigation and present @ defense on his. behalf? They pulled - the prosecution puiled out of thet fle a stack of medical records. The least she ‘could have done is given them overnight to go through the records and see ifthe records match the testimony. Denied, We are finishing tonight. Why? Because she knows that everybody's going to be realy tired and at 9:00, thay are all gong to sit down and shat up. Tm sorey; that’s Just now I feel. That's my pinion, that f don't think fe would have been so terrible to take a recess after the State's case and finish the case the next doy. " 2 2 “ 1s 6 7 8 19 20 Grr HEARING Page 62 that, But wil tell you in her teal, Chris Fatka askad ner, "You called Greg 16 times and texted him once? And she said, "Yes." But I am nat prepared to ‘say that's who that cll was to. T do know ie wasn't ta the poice, MS. FRIEL: Greg, di you pik up any of those cals? MR. HARDY: No, ma'am. MS. FRIEL: Did she leave any voicemais on any of those calls? MR, HARDY: I don't check my veicumails, MR, MAISTER: He doesn't nave a malibox. MS, MePHEE: That's a player thing. They ‘don't set up maiiboxes. MS. FRIEL; Okay. And the one text message, what did the one text message say? MR. HARDY: Dide't read i MS. FRIEL: Okay. MR, MANARA: Make sure you pick up the calls from tha "Stetson (phonstie) collectors. MS, McPHEE: Can 1 just interrupt bofoco you~ because you are like a train that Is on = $0 ‘one sec before we move off ofthis issue, Just because I think t's so -- your polnt, Adoipho, about have lomyers raised this about recusal?_ Because I had never 250 1" 2 8 4 6 6 7 8 19 a a 4 25 HEARING Page 63 heard of tis type of procedural setup, either. think that + ang now that I understanc, ‘hanks to Frank about this bizare setup, [think the reason that most people would ~ the lawyers that ‘are prosecuting -- excuse me ~ who are defending at ‘that love, just because It's as if they are going to appeal, ard then it's ke aight have it ‘So why waste your energy fighting with who is ‘going to hear this and you are then going to appeal and It terally can't be used for anything? Tes 2 Dizarre setup. He gets disproportionate attention because he is an NFL player. But forthe most part, if you are just a private ctizen end you have your attorney, you have to go through it, ‘You are nat going to waste -= to pay them to fight the racuss! of proceeding, that then you are ‘90ing to appeal ana It never happened. So that, you know, I Just think thet from a legal perspective, we hhave to understand that tis Is absoluge bizarro land, MR, MANARA: Wel, Timagine that Mr. Falko ‘must not have thought the outcome was preordained or ise MS. McPHEE: No, I arm not saying preordained, Why would you fight the whole issue of that judge when you know you immediately appeal, thet proceeding never " 2 13 “ 15 16 7 8 18 2 Py 23 25 HEARING Page 65 (Overiapping voices.) MS. MePHEE: Oh, sory, sory. MR. MAISTER: Walt one second. Let me answer the question this way. Chris walked into chat courtroom saying this Is probably net going ta work. We are going to aval ourselves of frae sscovery. We {are going to hear all the testimony. But justin case, we are going to have our defenses tind Up. After Nicole testified, her testimany was $0 bizarre that he decided he was going to take a chet and hhe was gong to put on is case. That's when that decision was made, okay? So MR. MANARA: I'm sorry. Cant ask one other ‘question just while we are on the point? MR. MAISTER: Go ahead, MR. MANARA: Timagine you must have Ms, Holder's phone records? MR. MAISTER: Why would we have that? MR. MANARA: Were those produced in he Lunderiying proceedings? (MR. MAISTER: No, they were not. We got ‘nothing, nothing. Jt you read the transcrip, at this I'm sory; f can't eal it trial. tm sony IW that offends you. Tk wasn’t 2 tril. ARer this hearing took place as it was taking place, the 10 " n 8 8 8 6 7 ® 49 a a 2 25 HEARING Page 64 happened? Iam saying you ate strategically pianning what you are going to sperd your time on, Fam not saying he dectded, but Iam just saying you are nat ‘going to fight if the systor is set up that she gets assigned these casas, just move on, I mean, bacsuse It then evaporates the minute you fle the appeal, MS. FRIEL: What eld you want to say, Greg? MR. HARDY: Would you guys have not done what You have tole me you were going to do ever and over ‘again If 1 nad boon openiy acmitting myself gulty In a ‘court of law tke you did to such and so on? No need to bring other people. This is nat some courtroom, Would you not? ‘So the point of I am plezdlng guity Just to ‘et me through this system would have been a negative ‘outcome for myself. It's not just Charette ond the NAL, Ts Charlotta, this blzaro land and the repercussions that I am going to have to ace ~ MS. MCPHEE: Right. MR, HARDY: ~ with my employer: MS. McPHEE: That wou'd have Been an Interesting question for us, right? MR. HARDY: You can't jut eay — MS. MePHEE: Yes, that would have been @ weird ~ " 2 13 “ 6 16 a 6 ” ey a 2 2 mM 2 HEARING Page 66 prosecutor is reaching into her file and puling out exhibits that had revar been shown before, and she did ‘ot produce Nicole Holder's phone records. ‘Soon we go. And I am just making this pont because if you thought coming In - MR. PASH: Tnotice that Ms, MePhee has left the room. Do you want to stop and watt for her to retum? MR. MAISTER: No, I want to keep going MR. PASH: Okay. I meen, sorry, I wes mosty asking Mr. Mardy. MR. HARDY: No, not really. MR, MAISTER: All right. So just I hit this hard. Tknow T did. Buti you had any preconceived Ideas coming in that what happened inthe District Court should be glven some crectabity or eracence ‘and you should be sort of bound in some way to consicer (hat, rst of al, I's not a court of recor, ‘Second of al, that whole proceeding dint happen. The only reason that you have @ transcript ls because we hired s court reporter. And third of a, vou now know we got no discavery and a jury ~ let's Just say a jury of one. IMR. BIRCH: 1 think the last point you made Is probably the one that shouts be kind of atforded the1" 2 8 4 45 6 7 6 0 20 2 2 2 2 5 HEARING Page eT most weight from our perspective. Why dont you just bbe very 507 of eear about what you had and ciont have at the time inthe way of, you krom, evidertiary materials or tings ke that, what you knew and what You didn't know which you subsequently found out. 1 ont mean species, I just mean MR. MAISTER: No, 1 will be very speetic. We had nothing. We had coupe ofthe police reports ‘and an arrest aicavit FMR, BIRCH: And so you = MR. MAISTER: And you can see through the Uvanscript they produced something and then chris ‘97s, "Wel, Judge, can T have a minute to look at this for tne test time? Thave never seen * before." 1am wrong; we had the 911 call. However, when Chris tred to play the 911 calls and there was no technica abity to do tht, the judge played t on ther taptop end sale, ° wl take what # take fom i." ‘So what was this testimony? What testimony id Ms. Holcer give that wos so competing to Suadge Tin? And what's rica from 2 technical and my OCD potnt of view i basicaly is contained on one page. Her testimony s that they were in bed together (Reacing): “We laid down together and I lad Com his stomach. The next thing T know, fam being HEARING Page 68 {id on my left foreaem repeatedly.” “That's an important word for me because that ‘means he di it aver and over and over again (indicating). And the st thing I thought of when 1 read this forthe very fest time i, wel, after he iit the firs ime and he ited it up to do it ‘2gain, why didn't you take your erm out of the tet? Just could never get my head around that. And Fineluded the because tie really ‘exportant, (Reading): Q, "Whot ia the necklace say? Did Bessy anything?” A. "Elove you more.” MR. MAISTER: The prosecutor knows what question she Is going to ask and she knows what the ‘answer ie going to be, because the question, “What did the necklace say"; "It didn't say anything," you don't ask that kind of question unless there is some evidence that you think Is important, comething that's prejudicial to the defendant. (Reading): A. "Tlove you mere,” “is thac the same necklace tna’ pcture in State's 7" AL ¥06, Hts." MR. MAISTER: Right, and they entered thet " 2 9 “ 8 6 w 8 ” 2 2 2 ey HEARING Page 68 backhanded into the wall by the batnroom between the oset." Let's take © minute and think about that, ‘backnandd inte the wal Beoween the atiroorn andthe doset." (Reading): “From there, he jumped up eff the bed, He come over, grabbed me by my hair and drug ine Into the bathroom where he picked me up and thvew me Into the bathtub, My back it the te atthe back of el into the bathtub with wae the bathtub and my lege Imy legs draped over the side. 1 195 ving. telling en to stop. I was just asking to go home." So, £0 clearly, what che’ explaining Is that In that bathroom, inthe bathroom, because he drug her snto the bathroom -- dragged her into the bathroom. He Picked her up in the bathvoorn andl threw her backwards Into the 1b, right, 60 that her les hit the edge of the tub and she went backwards into the tb end against So, okay, fine. So | am clear about thet (Reading): "He grabbed me by the hair again He pulled me out of the bathtub and I had a neckiace on that he had owen me. And he ripped off and he threw it nto the tole. As he was reaching to ush the tole, I reached in with my left arm to grab my necklace out ofthe tole before it got hushed conn. ‘And he started sammning the obthraom lis the tlt the wall 10 " 2 8 “ 6 6 ” 8 1” Ey a a 25 HEARING Page 70 Ito evidence, And than ater he was slamming her arm with the tolet and they go.0n. And let's see what Is rest. Okay, fine. So, "Grabsed me by my hai again, pulled me out ofthe bathtub," right ‘And ge how do you begin to investigate 3 case, ight? Well, 1 od you the frst thng Td is went there. And erally could nat believe how ‘small this bathroom fs, So the tub, the whats thing 1 ‘eh feet deep, right, ond i's five feet across, “Ths tub to edge is 30 Inenes, seni 16 two and a ha feet, which means from the door, you are taking about, net? Whats two and a haf ivesfoct six here? But relly she's been desenbing this area here, which sa total of two and a half feet by two ‘and a half fet, right? Two and a hal fee by two and a holffect. That's abcut -- about, bascaly the seat ‘ofthis chair 1s probably two by-two {inccating). ‘Stand up (indicating Mr. Hardy). SoC want you to picture me and him, right, standing in an area to and a ha feet by to and a half fet Now you tell me, how he is going to pick me up ~= MR. HARDY: You smell nice. MR. MAISTER: 1 know. Hah, Foe are ta an reo ‘nd furthermare, les say | crouch down. How am 1 25HEARING Page rt HEARING Pago 73 4 going to croueh down in an area that small so that he + around your neck (indicating). We have all seen 2 can sit down ~- stam the tolet seat? Can't buy ft 2. strangulation brutses before, Its impossioe to be 3 ‘what isthe next thing I did? I ment through 3 strangled to the point of unconsciousness and not have 4 her medica! records, right? Everybody here nas whacked | 4 bruising around the neck. She's got drulsing on her 5 the arm on a bathtub or hit thele arm on a soap els ‘5. dorsal fin. We know what the dorsal fins. 1's on & orshower or something ike that. She testified that 6 the top. In other words, she's at bruising tothe 7 In this tte tiny space here, he has picked her up 7. tops of her feet. 8 and he has thrown her into the bathtub such that her 8 The tops of her feet? How do you get brulses 9 feet -- she didn’t land on her feet. 9 tothe tops of your fect? Well, two ways I ean think 10 ‘She specifically says that her feet cought 10. of, Eltner you're kicking something or somebody's 11 outside the edge of the tub. And so what has she 114 stamping on your feet lke that (indicating). Because 12 landed on? She's landed on her posterior, nerrocage, | 12 _ all of Ner testimony wes that she was thrown backword. 13. her shoulder and her head backwards into the bathtub | 13, ‘She's got brusing on her forearm, the 14 after this - apparently in a fit of rage. It wasn't 14 surface area of her forearm, but not the bone. 45. Justa general toss. She's saying he slammed her into | 48 Evorything else, normal, normal, normal. Bruising on 16 the bathtub. 16 her shin, again, consistent with somebody who is ” [and so I went through these medical recerds | 17 acing sometning. 48 and I said this 's going to be awful. The least you * Gastrointestinal, okay, 0 after al! ofthis, 19 would expect to see atter the testimony that you heard | 19 being thrown onto the futon and the guns and everything 20. Is at least fractures to the arm, bone or certain 20 e’se and he son top of her and he is strangling her, 24 bruises tothe bone, broken ribs, collar bone ang 24 allof her ~ all of her stomach area, 22. hopefully nat 2 skull fracture. Maybe I wil be lucky. 22 gastrointestinal, everything else, absolutely normal. 23 Maybe she will ust report that she was dizzy and she | 23 Neurological, no deft observed, normal, 24 had a concussion 24 mothing. Normal sensory observed. Normal motor 25 Her medical recards, the frst thing 1 25 observed. Normal coordination observed. Normal and HEARING Poge 72 HEARING Page 74 1 noticed was now she tes tne hospital she's been 1. symmetrical reflexes. Speech, normal, no siuring 2. punched. Never mentioned anything to do with ary of | 2 Galt, normal 3. that to the court. She tolls them she's beon punched, 3 Now; in eace you are worried about the 4° thrown, dragged and choked. She specifically reports | 4 slurring 5 no loss ef consciousness. 5 MR. BIRCH: So you are basically using the 6 ‘That's not possible for two reasons. First neurological as stating there was no evidence of 7. of all, ou krow whut happens when somebody is thrown | 7 concussion? onto ~ there is nothing harder than a bathtub, She's 8 Ma, MAISTER: Wel, two things. Fist of 9 complaining of pain in her right elbow and her 8 all, the examination shows no evidence of concussion, 40. shoulder, as well ac Sruses scattered throughout the | 1 completely no avidenes, right, even to do with her 44 boo, 11 reflexes. And secon of al, she reports no loss of 2 ‘Okay, where are the fractures? Where are the | 12. consciousness. 13. Injrtos nora? Neck, negative, negative, Bruise to 13 {mn case you think people dor't re tothe 14 the jaw, well okay, I see that. That's consistent. 14 hospital, they do: “Drug abuse, denies" ight. They 15. No brulsing ~ no brulsing of the neck, categorically 15 send her to X-ray for her elbow, “negative 16 not possible. 1f somebody Is choked to the point 18 Impression, normal. Na fractures, no effusions, 117 aimast of unconsciousness, and she says that he had | 17 normal. Normal, all the soft issue, sof rssves, 18 her you read her testimony he hed his arms around [18 soft tissues, normal, negative.” 19, her throat. ” {Lene through this and 1 went okay, wel, 2 He choked her out ta the point where she was [20 now we know. ‘Yow we know. Now, you are going to hear 21 absolutely convinced she was going to die. He released | 21 _Nlcole or you have seen — excuse me -- you saw 22 his grip just encugh so that she could whisper the 22. testimony where Nicole reviewed a bunch of photographs. 23. words, “Just dot. Just kil me." Categorcally 23. And she says, "Here you can see the bruising around my 24 impossible. 24 neck an there you cam the see the brulsing on my 25 _foraarm." 25 “This is the most galicate structure hereHEARING Page 75 HEARING Fage 7? this i someting that she cid ust come un wth on 1 In case you tink that Nesle dian tok the 1 2 jadge inthe eye and tic to har face In & wey that is 2 the spur ofthe moment. This was elevated, because 3 so easy to prove with a total reckless cleregard not 3 what's the unspoken, unweit part af, “I won't say 4 ony forthe truth, but forthe stupldty of ying 4 anything?” Its, Please let me go home, T won't sey 5 about someting that ¢ 50 provably obvious, Lave you 5 anything about what you dé to me, right? That's 6 the 5 what - that's what that is infersng, that she begged 7 IMA, BIRCH: Can 1 stop you before you get him tolet ner go because she wasn going to sy 8 there; I'm sorry. I saw the noht elbow, Was tere 8 8 anything about what head to her. 2 leh elbow? 8 (Audlo fe played.) 10 MR. MAISTER: You know what? There wes end! |40 INH “Please let me go. Pease let me go, 1 41 think Clef itout. Fassure you, I give you my wore 11 don't wanna go to st 412. and, ofcourse, Ill send it to you, negative, 2 (0 or auc.) 19. negate, negative, negative, okay. They reported & 8 MR. MAISTER: Out somebody's saying, “1 14 tere etvon: 14 don't wart to go to jal" means they are concerned 1 MB BIRCH: Link most ofthe att that 15 bout wnat they have dane and what they think s going 16 as elcussed wes about the lef 16 to and thom in af, Se she lokee et the doe and 7 MR. MAISTER: Well-spoted, AI ght, I AT she gave nis tostimony, while szing on the desk is © 18. wl get back t you on thot. t assure you there were 18 recording of ner voice saying exact the appetite oF 19° no fractures. They reported tof elbow sorein, 19. wnat she's sworn 0 in cour, 20 ‘cole was asked by tha prosecutor tne 2 ‘An then she carries on with ths, I don 21 following seavence of questions. (Reading): 24 kenow whet she thinks. 1s Icke the Jeo ning tek 22 “Didhe cal 11>" 22 thai she says it, people are going to ignore whet 2A. "Yes, ma'am." 23° the real evidence is? And then she - and you know 24. "Were you able to hear ln when he wes on 24 what? This is ~ emi, te, nom we are in Disney, 25 enaccah” 25_ Walt Disney Wark. REARING Page 76 FEARING age 78 1A. "Theard every single word. I just wasn't 1 They show her all ofthese petra, rahe, A 2 able to say anything untit about two minutes in" ~ get | 2 through Z, so you know there ate atleast 26. That 3 this "when £ bit Sammy's hand and he moved It away | 3 goesta your question, What did we have? They nll 4 from my mouth, and” 4. them out in cout. 5 MR, MAISTER: Here's whore it gets just 5 (Reading): "We are goirg to start with 10° © absurd, okay. (Reading): 6 and she asks her: 7 A. *Youcan hear me screaming. You can near" | 7 Q. “Whats pictured in proposed State's 3 you, Judge, "You can hear me screaming, ‘Let mego. | 8 Exhibit 10.8, 10 8 ard 10.¢7" 9 Why are you doing this? 1 just want to go home, ° IMR. MAISTER: Her answer, My le arm, my 0 " 10 tetthand.” (Reading) 1" Now, you have already heard the {11 @. “And proposed! 20:0, what ts that?* 12 944 call, 15 that what she said? don't think that’s |12 AL "My loft arm, the one that he had slammed, 13 whet she sald. In fact, know i's not what she said, | 13. that he stammed in the toile, right? “aft arm, left 4 (Gusto fe played.) 14 orm, Haht arm, right elbow, my foot, right elbow, 15 INH: "Please lt me go, Please let me go. t 15 right elbow, my body, elbow, elbow.” 18. dovt wanne go ta ai 16 MR. MAISTER: She identifies thes wv {€nd of oud.) 47 photographs as having been coused by Greg Hardy 8 NR, MAISTER: She didnt say,“ won't say 16. slamming her arm in the toilet. The prosecutor takes 419. anything." She said, don't want to 0 to fi.” 18. those photographs. She moves them Into evidence and 2 (veo played.) 20. they ere used as corroboration at Nicole's testimony a4 INH "Please let me go. Please let mega. 21 about what Grog did to her in the apartment that night, 22 don't wanna go to jal” 2 ‘S01 told you what ffalt about the madical 2 {End of audio.) 23° records. But who am, Hght? T don't have any 4 TNR. MAISTER: This is the end of thing that 24 medical training. So we hired an expert witness. We 25 _ce's under my fngernais and makes me crazy, because 25 hired a forensic pathologist, And what doin theee1 2 a “ 1s 6 ” 1 9 a 2 2 Py 25 FEARING Page 78 ‘cases Is, I don't go to tre defence guy, Dr. Baden from New York. You know, because the argument Is, wal, You {are paying him, he will say anything you want, Tahways go to the local medical examiner's office. X want te know what their [ocol guy thinks about the matical records and whether the evidence Is consistent. 0 I went to see Dr. Privette. And T have ~ 1 didn’t send it to you. I wanted to save something for you. hed to save something. 1 Prepared books for everybody; right. And Tam giving You the complete report. You will have it. But for the purposes here, just bear with me. he Is the - in fact, 1am going to give you copies ofall the slides and everything else. Hes the fulltime county medical examiner. He is thelr forensic pathologist of the ME's Office In Charlotte, What does he routinely do? "Reviewing medical records, ‘evaluating fatal and nonfatal, forming opinions about the severity ofthe Injuries." That's what an ME docs. ‘is first finding, “There Is 8 peucity of Injuries considering the mechanisms described. Many ot the injurles are present of the extremities which is ‘typical of injuries sustained by an aggressor, caused by striking the extremities against an object or being restrained during an attack, I would anticipate many 1" 2 18 1“ 15 6 ‘? 8 ” 2 2 HEARING Perea medical rocord thot there was 2 review of the hoi or ‘re you saying that she dda’ report any hairloss? HR. MAISTER: She did net report any ale loss. She eid not epost any scalp pain. IMR. BIRCH: Okay. But in ether wos, the medical records dont necessarily elect tha they asked her that question oF something along tose nes? MR HARDY: Yeah, tht's my question. They {sk when you go In for stuf ke Pat -- 2 surgeries, motor vehicle accent ~- abuut head t toe, ‘everything, barause they have to check on your wo-baing when you goto the haspal. They cannot de thot or theyll get sued, I's malpractice. 1 don't ‘ink ts the right word, but you know whst I mean, MR MAISTER! 1 think = 1 thine = and I say "think? 1 don't have tham alin rar of mes You have al her medical records section that deal with her hea MR, BIRCH: Tam just asking MR. MAISTER: Right. Lets oo beck and we wit iso 3393 (Reading): "MS. Holcer reported being strangled with both hands for an eternity. There are ‘no reported injuries tothe hands of Hr, Hardy.” 1 actualy never thovaht about this. “One would expec 2 1 ink tare was a ” 2 3 14 16 16 v 18 » Ss HEARING Page 80 ‘more bruises of much greater severity across the tor ‘especially atthe shoulders, back, pelvis, buttocks, thighs and postorior legs. 1 would anticipate more ‘severe injuries including lacerations and ekatetat fractures, rbs being the most likely. Ms. Holder ‘2dmite to consuming alcohol the evening in question. Alcohol alters normal oad clotting and this would ‘sccentuate bruising.” ‘She went to the hospital. She never reported to the hospital about the hair, nor did she report — ‘oxcuee me. I sald that very badl His finding, “Ms, Holder reports being ‘dragged by the hair on three separate occasions. No loss, no scalp pain.” Impossible, can’t happen, al MR. BIRCH: How does he krow that? HR, MAISTER: Because he lean expert, MR. BIRCH: No, Tm saying what was he rowowing? HMR, MASTER: 1 gave him the tal testimony and the medal records. MR, BIRCH: 1 did > T mean, was there ~ MR, MAISTER: It's here, Im gcing to give tw you. MR, BIRCH: No, Lknow. 1am saying was there 9 so offing by ~ atthe time ofthe HEARING Page 02 person who is being strangled to vclrty attempt to remove the objects from around thelr neck In onder 22 preserve cheirlifa, There are no wbéerved neck Injuries in the medical record or abserved nthe [Photogrephs,intuding these that woud be eoused by an assailant or self inflicted during an eltempt to remove the object from the nack. Wer testimony implies thet her alnay was compromises which requres pressure much ‘greater than then necessary to Induce raid unconsciousness.” Im othor words, she had ben choked with her airway compromised, she would Rave been unconscious because closes the arteries whieh lead tc the bran, Her testimony lmplies her ainways were compromised, That quires pressure much groater than nacescary to Induce ancarsctousness by compression of te cart arenes (Reairg): "She reported no lose ot consciousness, makiog the implicstion of sinway lose suspect." utimate corelison, “Based on the reviened curren ana photographs, Its my soinen rat the testimony glven by Nicole Holder in the State v. Grag ordi inconsistent wit the injuries sustained by Nicole on the aight auestion, “Thats not my expert. That snot my guyHEARING Page8s ~ HEARING Page Bs 1 fom Fort Lauderdale who I lways use. Thad never met 4) pushed you. Where aid he push you et ke, what part 2 thiseman before. This s their expert, ther medical 2 ofthe body whan you were inte bedroom?” 3 examiner who cid not want to get imvolved in the ease 2A, "Tquess ie was my arms. Teant really 4 onginaly becouse he ic going to be testing for 4 remember.” 5 ther forthe rest of his career, 5 Q. "Okay. Where was he in relationship to — 6 ‘And $0 February the Sth approached, We are {6 was nein face to face with you? Tell me" 7 rexdy for trial. 1 fle quite confident, to be honest. 7 AL "Treally can’t, I really it's I'm 8 Thad the cisgrams. had the mecical ecards. 1 had 8 sorry. 8 br. Privette’ gong to come ond test that her 9G “Okay. No, that's ne.” 10) injuries are inconsistent with wnat she's testifying 10 A. “Tall happened very, very quickly, None of 11 to, And ne were okay and we were going to go forward, 11 realty made much sense. And Thad been drinking.” 2 [And then I got this. On Tuesday, February 42 Q._ “Okay. So when you said you had been 13. the Brd~ okay, Lis Is the Tuesday. We are picking 3 13 denking, do you think you -- how much had you bean 44 jury onthe folowing Monday on # case that's eight 14 drinking? 1 mean" = 15 months old -- at 6:00 p.m, “Pleas find attached 9 15 A, “Twas intoxicated.” 16 statement Nicole gave on the night in question. 1 16 (od audio fie.) 417 thought might provide It to you at ths time.” What? 7 MR MAISTER: Okey. Way, way beyong 8 MS. FRIEL: Mr. Maister, what was the date 18 discovery. This is Brody. The is Brady evidence 19 nat the evil satlement was signed? 19. The detectives asked her how ths started, and she sold 20 MS, MePHEE: What cil settiement? 20. she couldn't remember. It doesn't make much sense 2 DMS. FRIEL: Ave you teling me there is no 24 Shewas drinking and she was intoxicated. What ese 22 owl settlement? 22 docs it say? 23 NS. MePHEE: We are not answering a question, — | 23, (Rodi fe played.) 26 1 already toa 24 Q. “okay, wan you say -- an you initty 25 NS. FRIEL!_ 1s kind of relevant 26 _said ne pushed vou, di you - do you know if you = HEARING Page oe HEARING Page 86 1 MS. een viny? 1 ia you tat or aia you" ~ 2 MR. MAISTER: Hear me out 2 A. "Treally can't remember.” 3 MS, MePHEE: What olevance docs that have to | 3. “Did that start the 4 the facts of whet ~ we are here ta tak about the 4A. "Where my memory is picking up" -- 5 rete 5 @ “Oye 6 MR. MAISTER: Are you olay with the 6 A, = *was in the bathroom.” 7 prosecutor dropping a stotoment five days before tral? 7 (Ed sui le.) 8 MS, PRIEL: They apporciidy have ailferent 8 MB, MAISTER: She doesn't remember what 9 discovery laws down thore, 3 am toic. But that's 8 heppened inthe bedroom. She has no memary, Why not? 40 rot the point. 1am just asking you ~ Ijust asked a 10 Because she nad been drinking tequila, vac, ehamposne 14 question. tf you wan’ tel me, you wort tell me. 11 and cocaine and thet causes you to back out. This is 42, That's wnat | askes. Is there 2 civil settlement? 12 Brady evidence. This is black leter law. Hever mind 8 IMS. MCPHEE: We are rot arewering 13. February the 3rd. Tam not done. 1 morse, 1s 4 MS. FRIEL: Okay. You are net going to tol 14 worse. On, remember at tral she said that she only 15. me? Okay. 18 hitGrep once with ner shoe? 6 MR, MAISTER: So they areteling me naw. us, | 16 (Auato te payee.) 17 for the fst time fve days befor tril that they 17 A. "Thad nit him with my shoe because I had hit 18 took atoped statement from Nicole Holder on the éay of | 48m, scratched him, done everything In my power to get 19° May 231m, day of. {got this ~ 1 yo ton Thursdey, 19. away from him. 20. this statement, right? So remamner how sn sai a 20 (€nd audio the.) 21 this stated, right? They ware laying in bed together 2 Ma, MAISTER: We startad with 291: ea 22 ond Greg backhanded her Into the wall, dreggea ner into |22 What did Greg fell the police on the S11 cal She ht 23, the bathroom ang that’s how this al sterte, right? 23 hum, she scratched him, she hit him and she punched! 24 (Avcto fe played.» 24 him. What is she teling the police on May 13tn, 25 _hit him, seratened him, did everything in my power.” 25 Q._“The frst thing he did, you said that heHEARING Page &7 HEARING Page 80 1. Ofcourse, sine frames itn terms of, “To get away from 1. think Semmy ~ the injuries ~ the way Sammy grabbed 2 him.” That corroborates everything he tld the police, 2 you, what type of Injuries do you tink you received 3 Ws worse, I's worse, Oh, toll seat, 3 from Sammy?" 4 remember, necklace, toiet seat? Remember how weird 4 A. "My wrists have his handprints on them from 5 that sounded at the time? 5 where he restrained me. And he never choked me. He 6 ‘Budo fie pleved.) © never hit me. He didn't do anything except restrain 7 GQ. "Describe the bruises on your boay.” 7 me." 8 A. "Covered in bruises, scratches, My whol 5G. “And that's the dark Srusing thar’ on” 9 body hurt." 9A My wrist.” © “Omay. 10. = "your et wrist" 11 A, "My neck, Y've got handprints on my neck, —|17— A, “And my arms, Because he held me Ike ~ he 12 where he strangled me. Thave handprints on my wrist |12_ held me like this." 13._and my arms from where Sammy restrained me,’ 12 Q. "Wes he standing bein you?” 16 Q_ "Show me where Sammy granbed you. Left 14 A. "Behind me, yeah, holding me.’ 15. wrist, okay. 15. "okay 18 A. “Youcan (uninteltigibie) the handprints." | 46, (€nd of audio fe.) 17 Q._ “Okay, 25 right. Where else? On your 7 IMR, MAISTER: The prosecutor inthe courtroom 18 elton?" 18 ected testimony from Nicole Holder the weress, A Yes 19 thatthe bruises on Nicole's arms were ceuised by Greg 20 Q. “Sammy was grabbing you here by the elbow?" — | 20. Hardy slamming her arr with a tole seat Into & 2 A "Yeah, 2 tollet. The prosecutor in the courtroom handed the 2. “Okay.” 22, witness photographs of these bruises. The witness 23 A, Me held me - restrained me trom behind." {23 igentifed those photooraphs ane those bruises. Thay 24 Q “Okay, Up ané down left arm, okey,” ‘24 moved thom ito evidence against Greg Hardy at tal 25__A._ "And it's the eame thing on this one.” 26 _where the yudoe pronounced him gulty HEARING Page a HEARING Page 80 Q “Ane were you fighting ta get away from 1 ‘and atthe time they were doing tha, they 2. Semnyr" 2 had somewhere ~ law enforcement had in thal files & 2A Yes 3 statement glvan on the day that comebody lve elit 4 “Oxay 4 And they never turned t over until five days before 5A "tent him. ‘5 tetria, This discovery, this should have been BQ “okay. Left and right arms, okay." 8 turned over in court 60 seconds after she identiied 7 A. “And 1m covered ~ covered In bruises. My | 7 those photographs ond offered ther against Greg. This 8 fectare brutsed. My whole body is brulsed. He--he | & shoud have beem In Cis Falko's hands saying, oh, by 9 didn't just” ~ 9 the way, your cen didnt do it. Sammy caused those 10 Q. "Who's 10 injures. 11 Array " ‘This Is how innocent people end up in prison, 12 Q "Sammy or Greg?" 12 You see stores all the time, one or two 8 year, where BoA 13 some poor guy gets let out of Jal ater 30 years fora uw @ 14 etme he didnt commit because some ange! lawyer took 18 A "Greg. 18. on a case for no money and fought with the appelate 18 Q “Okay, Lees get off oF Sammy.~ 16. courts and the ial courts and they had DNA tested and 7 (End of audio fle.) 47 te turns out it wasnt him, 8 MR, MAISTER: They dont went te hear about | 48. [And in every single one of these cases where 18 Sammy. They ere not interested in Sammy. “Let's get | 19 those exonerations happen, what you find out that 20, ff Sammy." Allthey want to know about is him, She 20. someone somewhere hac in ther fies a statment that 2t_justteld the police that the injuries an her arms were 24. thay didnt tur over to the defense becouse it suited 22 caused by Sammy. 22 them to get a conviction Inthe case, justice be 23 (Audio fe played.) 23 dames. 24 GQ. "Okay. Dung this incident, now that you Py This judge ater she found him guilty 25 _sentenced him te probation and 60 days in Je, which 25 _you mentioned Sammy alo essauited you, what da you2 3 4 1% 6 ” 6 ” 2» a 2 23 Pa 2 Page 91 this is -- HEARING she suspended, But nevertheless, this Is this is insane, You can’t do this to people, MR. BIRCH: You are not saying the judge had thus? MR. MAISTER: No, of course not, of course not, In this 34-minute statement ~ I gave it to You ~ Nicole Holder never spoke the words “necklace,” "tollet," tole ld," never spoke the words, And nobody, nabody outside of his inner circle has ever looked at this guy -- nobody has every seid to him, you know what young man? You got a av deal. This is not how the justice system is ‘supposed to work. This 's not what is supposed to happen. He's had his name and his picture across every newspaper and website. And even today, "Greg Hardy, ‘domestic violence,” those are the words that go together, He missed an entire feotball season, And ves, he got peld. Okay, he got pald, But players want to play. And think about what that's done to him ‘moving forward and the pressure he has been under. Free agency starts in four days, three days. And he is there begging for his future and his career because of this (indicating), because of this (indicating) ‘You want to know why the District Attorney 0 " 2 2 4 6 6 7 w 19 2 Pa 2 2 2% HEARING Pago 6 ooking forward to seeing him on the field again next ‘season. Do you have any questions? MR. BIRCH: Going back to one place about the ‘hil Settlement, I think the reason it's somewhet relevant, Heather, Is that, If, you know, if we take Sort of Mr, Master's analysis, the theory is that the District Attorney, you know, decided to dismiss the case because there Is a lack of evidence or they saw a contradiction in the evidence. MR. MAISTER: No, sir. They dismisses the case because thelr prosecutor offered into evidence testimony against him, walle they had in thei fies and the prosecutor is on constructive notice of that which law enforcement has ~ they had in ther fies exculpatory evidence, And they did not want this out In court. MR. BIRCH: That's far In either instance, 1 think some of the ‘descriptions and accounts that we read suggested that the witness or Ms, Holder's unavailability was a factor {in their analysis as wall as to why they said they could not contact her and they would not be able to ‘move forward without her, ‘So 1 think in our view, the settlement Is selevant to that point. And I can accept if you say, HEARING Page 92 dismissed the case? Afar I got this transcribed, we called 2 meeting with the DA's office and we showed it tether. And that’s why everybody keeps focusing on. ‘lll settlements. That's why you have this statement at the end, (Reading): “After a thorough review" Is the dismissal paperwork which I sent you straight ‘off "after a thorough review of the available facts and circumstances surrounding this case, the State has determined it would not be just or appropriate to Go forward with a jury tral without the testimeny of Ms, Holder." "Would not be just or appropriate," because they are going to go Forward with the tnal, let her ‘come to court and explain the citference between these ‘mo statements, Opinions are easy, right? Decisions are herd, and controversial decisions are the hardest of all, Twould like you, when you reinstate him, to say that Grog Mardy provided to you absolutely everything that you asked for, that you have reviewed the evidence linthis case and that you are absolutely convinced that he has committed no crime, that you are absolutely sure based on your review of the evidence that he has not violated the Personal Conduct Policy and that you are this " 2 0 4 6 6 7 * 1” 2 2 25 HEARING Page 94 you know, you don't want to talk about it~ MS. McPHEE: But relevance, it may be relevant to that point, But aren't we trying to figure ‘out whet happened thet night? I don’t understand. MR. BIRCH: That's certainly — but I think to the extent that - and look. Mr. Maister rightly Points that out that it's relevant, the basis upon sshich the District Attorney elected not to go forward in February versus what they did in July, To the ‘extent that's relevant, I think the vihole thing Is relevant MR. MAISTER: You are here to determine, asf Understand it -- as T understand it, you are here to determine whether he violated the Personal Conduct Policy. And the issue before this pane! is May 12tn and 13th, MR. HARDY: I would tke to not just assume, Why don't you tell me what you are looking for? MR. MAISTER: We are not doing this. MS, McPHEE: Walt a second, MR, HARDY: J mould love to know. We are ‘o0ing back and forth, MR. MAISTER: He is upset and he should be upset, MS. MePHEE: 1 think you con't have it bothHEARING Page S7 HEARING Page 95 4 ways. 1 duilsettioment -- 2 MR. BIRCH: Make sure our court reporter can | 2 MR. PASH: Doesn't the District Attorney 3 get things. 3 say that they hag a settlement? 4 MS, McPHEE: We are not saying ~ are not 4 MS. McPHEF: No, 5 here -- we are not here to talk about -- we are not 8 MS. FRIEL; -- having had a noncisclosure ~ {5 limited only to the criminal -- the disposition of the 6 MS. McPHEE: No. Whereis the statement? 7 criminal matter, lant? So to the extent -- but yet, 7 MR, PASH (reeding):. “The OA's Office hes 8 you appear to be trying to figure out what happened | 8 also been made aware that the victim has raached a 9 that night, 9 cil settlement with Mr. Hardy.” 10 So how would her live testimony ~~ say she | 10 That's In a press ~ tat me finish, That's 11 was avelable. Her best-- and, you know, I think this | 11 ina press release issued by Andrew Murray, the 125, Ifshe could give this testimony again without 42 District attorney, on February 9th, which I believe 418. having to admit she committed perjury, here It is 19. Mr. Maister’s made avaliable to us. [think 44 This is her version of what happened. We know kant | 14 MS. McPHEE: How does that go ta what 15. correct based on what she sale that night 415. happened that night? 16 So whatever her decision was about being 6 MS. FRIEL: Because there is a nonclsciosure 17 available, not available, {do not -- how cen that AT clause. Hypothetically, Inthe divi settlement, there 48 _possioly Impact whether your assesement of this 18. Is a nondisclosure clause that doesn't allow her to now 19 travesty of justice --T mean, realy, honestiy, guys, | 19 tale tous to help us in our Investigation. That's the 20 you know 1 am foir onc 1 will calla spade a spade when |20 point. 21 itcomes to players 2 MR. PASH: There is further Just to 2 When { futly wrap my brain around all of what [22 complete the thought ~ 23. happened and the availabilty ofthis statement and 2 MS. FRIEL: Sorry. 24 when tt was made available and how it was, Tmean,1 [24 MR. PASH: Ne, There is further, In the 25 felt nauseous as a lawyer. 1 can't believe thet this 25 dismissal papers that were signed by the -- bY HEARING Page 95 HEARING Page 98 4 happened. So you know, I just, I really, here's my | 4 Mr. Murray which, Mr. Maister, you were kind enough to 2. the hackle ~ the hair on the back of my neck is. 2. provide to us, as you say straight away, t says nere, ‘3 standing up becouse f am efroid that you are wanting to | 3. “The State further has reliable information that 4 say, oh, you know, he gave her $20 milion and row 4 Ns, Holder has reached a civ sottlement withthe 5 she's ~ that Is not what happened, 5 defendant, Mr. Hardy, and thet the cv settlement wes 6 mean, first of al, I don't know I that's 5 directly related to the events that occurred at the 7 what happened or not. But all you need are the facts | 7 residence of Mr. Hardy on May 13, 2014 which fed to 8 In front of you with this evidence to make your 8 these criminal charges." 9 determinetion about whether, you know, In some version | 9 So somebody must have tnought that that chvl 10. of employer rules that are appropriate, he broke those | 10. settlement was pertinent in helping to persuade the 14 rules. 11 District Attorney not to go forward with a trial. Tam 2 MS. FRIEL: Heather, just to Adolpho's point, 12. net saying - 43, Tam not going to say that there aren't conclusions we | 13 MS. MCPHEE: 1 don’t know what you just sald 14 can drav both from the way you presented ail this 14 Sey that one mare time, 45 information. And I get all the points that you have 8 MR. PASH: I am saying somebody must have 46 made. 1 think t's stil hard to say it wouldn't be 16 thought that the civil settlement was a pertinent 17 heiptul in an investigation that's trying to figure out | 47 factor in the decision not to go forward ~ the 18 what happened to be abie to have her be able to speak | 18 decision by the District Attorney not to go forward and 19 tous and ask her questions bout what you sald here or |19 to alsmise the criminal charges. The District Attorney 20 there, 20° cites It nthe papers he filed and puts tin the a MS, McPHEE: We have not control 21. press release, That's perfectiy, perfectly sensible to 2 MS, FRIEL: But that's his aint to the civil 22 ask about. It you con't want to say anymore about 28. settlement. The dvi settlement -- 2 it 2 MS. McPHEE: What civil ~ ey MS. MCPHEE: Wiel, wnat? ey MR. PASH: ~- that is your ~ that's your 2 MS. FRIEL: Okay. Let's say the hypotheticalHEARING Page 89 prerogative, MS. MePHEE: My opinion would be, if T were the District Attorney's Office and the sequencing of ‘events that Frank just described happened, guess what? ‘They put that in the press release and everyone reaches the same assumptions. He bought her llence, right? My guess is that's @ nlce way for them to cover up that we die something unethical and we have @ fucked-up case. Excuse me, sorry. It's out there. MR. MAISTER: It's a iegal term. MR. PASH: That's okay, MS. McPHEE: And so they buy themselves some cover-your-as, PR. PASH: Again, 1 rm not trying to argue with you, But there was some suggestion, I think, that ‘maybe there wasn'ta settiement, MS, MePHEE: How would the settlement change ‘your ~= how you ascertain what happened that night and whether or not he broke the Personal Conduct Policy? MS. FRIEL: 1 am not saying we can’t craw 3 {ot of conctusions, You have made some great points here, We can draw a lot of conclusions from everything you've given us. But t's a litle disingenuous to say how can the victim of a case not talking to the investigator help you in figuring out what happened? " ra 18 “ 15 6 7 6 19 a 22 2 - 25 HEARING Page 107 cooperate with an investigation of a werkplace -- you have the facts about what occurred that night infront of you. MR. MANARA: Okay, Gut -- MS. MePHEE: She's not under -~ MR. MANARA: Heather ~ MS, MCPHEE: Ms. Friel may have -- you may think it has 3 wide reach, te does over him, but not ‘over ~ she's just a layperson. I have no idea why you think she would choose to speak with you regardless of 2 civil settlement and why you cao't reach @ determination about his workplace obligations based on the abundant facts that have been provided to you, 1 ‘mean, look. You may have to because she's not available, so — MR. BIRCH: Just so we are clear for the record, I mean, we don't need to go back and forth over this. But the position that I think we are espousing fs that part of what we are needing to de here is weigh the quality ofthe decision that the District Attorney ‘made in dismissing this case, the basis for that, why, because that's part of what helps us understand what happened that night, what is thelr view of what hnappened that night, how did they respond ta it, how ‘id they ultimately make a decision, 25 HEARING Page 100 MS. McPHEE: That not -- no, no, no. MS, FRIEL: OF course that would be helpful tous. MS. MePHEE: Why do you think he would have agreed? sa, the other ongoing investigations, have {any of these victims agreed to speak with you? No, 1 ‘mean, wether there was 2 chil settioment oF net, you know, there are plenty of situations in which victims, ‘alleged victims are net going to agree to talk to thelr -- to someone else's employer. You are ‘employers, not aw enforcement. MR. MANARA: 1 think what's ralevant, though, is whether the reason she dicr't speak was because -- IMS, MCPHEE: Why is It relevant to what happened that night? MR. MANARA: Because obviously @ relevant factor in any inquiry Is the dispostion of a eriminal proceeoing, MS. McPHEE: Dismissed with prejudice, MR. MANARA: And iF that was brought about because she was unavailable to testy, because 2s & result of 2 term in civ settlement, then that’s dearly relevant. And we have that fact pattern MS. MePHEE: 1 stil - Lam -- you have not sufficiently explained how whether she chooses to 1 " 2 8 6 6 16 7 18 19 a 2 a 24 HEARING Page 102 MS, McPHEE: Have you contacted them? MR. BIRCH: One way in which we can help to do that is to understand whether or nat and to what ‘extent it's relevant that there isa civil settlement Now, you know, again, your position is dear, But 1 Just want ours to be clear, the reasons wy it's relevant to us. ‘And we can, you know, agree that we are not ‘going to agree about i But that’s part of the reason, because part of what we are taking about here 's, you know, the basis upon which the District Attorney elected not to go forward on tis ease. And that informs some of at least thelr perception MS. MCPHEE: 1 guess you could pick up the Phone and speak with them, too. They are the ones who ‘made the prosecutorial cision. So why don't you ask them instead of making @ negative inference against my lent ir there isa civil setvement? Thats not fair. Call them, 9R. MANARA: But we are asking you. We are ‘asking you and we are giving you an opportunity. MS. MEPHEE: Opportunity to what? MR. MANARA: To answer the question of whethar thera is 2 chil settlement er not and provide there is another point that 1 ftto us. Twant toHEARING Page 108 HEARING MR, MAISTER: [actually wrote "bed." Page 105 25 where the furniture was in the room. 1. want to address because you have made, you know, the | 4 2 point a number of mes that this is a workelace policy | 2 MS. FRIEL: You wrote "bed"? No, 1 see the 3 and that we are doing our investigation. And obvieusly | 3 bed. 4 allof those things are true. 4 MR. MAISTER: There you 99. 5 But part of our own invastigation, very 5 MS, FRIEL: There Isa counle cther pieces of important part isthe underiying criminal procedure and | 6 furniture I would lke to know where they are. I that 7 inthis case, the underlying eriminal disposition, T okey? 8 MS. McPHEE: Dismissed with prejudice. 8 MR. BIRCH: Sne's trying to get a diagram, ° MR. MANARA: And we have reason to believe | 9 MS. FRIEL: Can you Just show me ~ I know 10° from those dismissal documents that that was brought | 10 when you come into this living room area there are two 11 about by the alleged victim's unavaliabiily because of | 41 couches we saw inthe picture, one thet appeared to be 12 a civil settiement 42 here, right, one there? 8 MS. McPHEE: Call the person who released» | 13 MS. McPHEE: Closer to the TV, 16 mean, 1 dont understand why — winy don't you contact | 14 MS. FRIEL: And then one somewhere closer to 15 the DA? Have you contacted the DA? 15 this way, night? TVis on this wall? 6 Na. MANARA: So perhaps we have done that or | 16 MR. HARDY: Yer, 17 we are going to 60 7 MR, BIRCH: Just draw it in and ints it or 8 MS. McPHEE: I recommend It 18 something 8 MR. MANARA: So can you. You are also e 9 MS. FRIEL: And would you put the futon, the 20 party to this, 20. two couches in the living room area. Can you have Greg 2 MS. MEPHEE: Yes. Ithink we have been very [21 do that, please. Don't worry. You don't have to 22 cooperative and maybe we will alk ater about that 22 autograph tt. 23 issue. But it you are interested in why the DA didnt — | 23 MR. HARDY: Autographs are free. My work is 24 pursue this case, cathe DA. Pretty cure they'd take —|24 paid. (Marking the document.) Do you want 3 25 _your call_ I mean, Greg ~~ we really suuggled with 25 _propartion? HEARING Page 108 HEARING Page 106 4) this. I mean, obvious especially n light of the 1 MS. FRIEL: No, that's okay. Just notation 2 recent decision, I mean, this situation, we -- our 2 would be good, thanks. 3._my reflex was to be, of course, as you guys know, 3 MR. HAROY: (Marking the cecument.) That's a 4 probably overly protective and resistant. ut then 4 hue tage, ‘5 honesty, I met with Frank and we went through the 5 MS. MCPHEE: The bad news is you don't have @ 5 case. And {thought oh, mny God, let's just go. There | 6 second career as an artist 7 ts nothing to hide from here, nothing. And that's why — | 7 MR HARDY: You would be surprised. I went 8 we are here today. 8 to school, got skilled, 9 ‘Ard he hes gone well beyond any defintion of | 9 MS. FRIEL: So is it an L-shaped couch, that 40 reasonable cooperation, And, you know, 1 fel ike 40. other one, the way you digi? 11 this one point, and Ico, I absolutely get the sense 1" MR. HARDY: Yes, me'am. 12, Unat this negative inference ie being made that if 2 MS. FRIEL: And the futon, would you put the 13° there were a settiement, that thal somehow ~Imean, | 13 futon in this bedroom for me. 14 the undertying facts are what they are 1“ MR. HARDY: That's a futon, too, I apologize 8 And to me, that is what the focus should be 18 (marking the document). 16 on and the fact that the case was dismissed with 16 MR. BIRCH: We will make 2 copy of that, ive AT prejudice. And if you are curious as to why, the 17 it back to you, 18 reasoning that went into that, contact the people who | 48 MS. McPHEE: Oh, that's not @ futon? Isn't 49, made the decision. 49. that? 20 MA. MAISTER: Can I just ask one question? | 20. MR. HARDY: That Is a bed. Its a bwin 2 IMs, FRIEL: Yes. a MS. MCPHEE: Oh, you meun there is @ couch, 8 2 MR. MAISTER: Go on. You first. 22 tte ~ oh, right B MS. FRIEL: Can I ratchet it down to 2 MR. MAISTER: (Handing documents.) 24 something a lite less Heated. T just want to know 24 MR. MANARA: Mr, Maister, what is nev in here 25 _you didn't send previousty?1" 2 2 1 8 16 7 1” 9 a 23 2 HEARING Page 107 NR. MAISTER: Medical examiner's report is defintely new. MS. McPHEE: Some of the pictures. MR. MANARA: OF course the sles. MR, MAISTER: I didet send you -= did 1? might nave, MR, BIRCH: The pictures of MR, MAISTER: The black and whites. NR. BIRCH: We have colors of these. No, no, not that: MR. MAISTER: You know what else is new? think there is @ photograph of a stil of the refusal to give a statement, maybe, MR, BIRCH: So any pictures -- MR, MAISTER: That's new (indicating). MR. BIRCH: Any pictures n the deck are new, ‘and then that and the report? MR, MAISTER: I think these are new (indicating). Can ¥ ask you @ question? You have reviewed the evicence in the case now. You think he id i? You thing he beat her up? MR, BIRCH: 1 certainly don't think we are prepared to have sort of @ conclusion on that basis based an without, you know, without further review of that_1 den't think its appropriate to even sort of HEARING Page 109 1 MR, MAISTER: He can't answer that question 2 The answer's he did, However, we turned those over 10 3 the Sheri's Office. We told them they can use It for 4 themselves for their SWAT tear if they want to or they 5 can destroy them. 6 7 8 ° 0 — MR. HARDY: They were not there, MR. MAISTER: I just got the order last week MS. FRIEL: So whera were the eight weapons? FL remember right, the count wes eight that you turned over ta the Sherif's Department. Where were those eight weapons at the time of these events? MR, MAISTER: I don't keow, MA. HARDY: Well, they were scattered. We had just went to the gun range. So my hiend's piste! was locked up in the closet, And there was one in the comer. I don't even reimember which one it was. And the rest were putin cases, because If you have seen them, they are very, very expensive, They are collectors, So they put them in the cases either at my house or at my lake house. MS. FRIEL: So lat me just -- the one that {YoU said was out and not in the case, where was that that night atthe time ofthis incident? (MR. HARDY: See that futon that just drew, the last one, to your right, my lft, slightly? That 25 " 2 8 “ 8 16 ” 6 9 20 a 2 24 25 HEARING Page 108 hhave @ punch at this point. 1 aid want to go back to one thing, mm sorry, while Tm thinking about it. The discussion ‘about the weapons, where does that ft into this? Were: there weapons there? Were they not a part af any Incident? You know, what was the -- MR. HARDY: Just the necklace and the toll seat, MR, BIRCH: Well MR. MAISTER: I think the answer is, right, there were no weapons? She was never thrown onto any weapons. Fist of all, se was never thrown at all MR, HARDY: So she had a necklace? Do you all have it? MS. MePHEE: He legally owned guns but, ike, she had tne necklace, MR, MAISTER: No, no, "legally" owned firearms. MS. McPHEE: That's what J sal. IMR. HARDY: Tam trying to understand. Iam asking the question to understand so I can botter answer your questions. MR. BIRCH: Do you own four weapons of the variety that is mentioned in the report? MR. HAROY: The number? HEARING Page 110 comer. That's a very smal corner. MS. FRIEL: And which of the weapons was that one? MIR. HARDY: 1 cane recall MS. FRIEL: The one against the wall? IMR. HARDY: They were all along the wal MS. FRIEL: One there. And the handgun you Sala thal was your friend's, the pistol, that was 9 lacked in a closet? 10 MR. HAROY: Yes, ma'am. " MS. FRIEL: And the other seven long guns 12. that were -- 13 MR. HARDY: T cannot say, no, ma'am, because 14 L don't recall. 1s MS. PRIEL: Okay. 18 MR. HARDY: ‘The rest of my guns were not 47. there, They were rot in that room at that time, ne, 18 ma'am. 9 MS. FRIEL: Not In this room or notin this 20 apartment? n MR. HARDY: Not in that apartment at that 22 ume, no, ma'am, 2B MS. FRIEL: Okay. So and I con't mean to 24 belaborit, but I want to male sure we gat this right. 25 The only two guns you are telling us were in thisHEARING Page 173, i HEARING Poge 111 1. apartinent the night n question are the handgun that | 4 MS. FRIEL: Did you ~ did you request 2 was locked up and the one gun that was on this futon? | 2 somebody come get them and take them to another 3 MA. HARDY: That's the only thing that was In | 3 location, you personally? 4 theroom, 4 MR. HARDY: Me, personally 5 MS. McPHEE: Leaning in the corner, 1 think 5 MS. FRIEL: Yes, 6 he said, pat on the futon 6 MR, HARDY: ~ I told Sammy to get them out. 7 MR. HARDY: I said the comer to your right, | 7_‘Tidn't tel him personally to get them out, but i's 8 my len. 8 a Job, Just tke J don't have to go axcer somebody to 3 MS. FRIEL: Tm sorry. Not on the futon, 9 do something. it's 2 job that has to be done. From 410. standing up In the corner naxt to the futon? 410 the gun range, you put the guns -- because they are: 1" HR, HARDY: Yes, ma'am, 41. really expensive guns, $0 you can callect our paycheck 2 MS, FRIEL: And let's look atthe photograph | 12. and you can lve your fe. ‘That's all 49. that got intreduced at the bench tial = 8 MS. FRIEL: When had you lst been to the gun 14 MR, HARDY: Yes, ma'am. 14 rang 8 MS, FRIEL: -- that Laura said she took 6 MR, HARDY: When? 6 MR. HARDY: Yes, ma'am, 6 MS. FRIEL: When hed you last been? 7 MS. FRIEL: ~- Moncay the evening of 7 MR, HARDY: That day, tat day, 48 Moy 12th ~ 8 MS. FRIEL: At what tine that day? * HR. MAROY: Yes, ma'am. 8 MR. HARDY: | don't recall; sometime before 20 MS. FRIEL: ~~ 7:00/8:00 at night, whatever [20 7:00. 21 time she got there that had guns on e couch, muttple | 24 MS. FRIEL: I thought you guys were in the 22 guns on the futon, 22 studio all day. 1 thought that’s what you told us, zB MR. HARDY: Yes, ma'am. 2 MS. McPHEE: No, Py MS. FRIEL: When was that photograph taken? | 24 MR. HARDY: No, I didn't cay ‘oll day." 1 2 MR. HARDY: 1 just told you. 25 didn't say anything, actualy. HEARING, Page 112 HEARING Page 114 1 MR. PASH: Wel, that's what she says, Did 1 MS. FRIEL: Were you st the gun range before 2 you agree with that, that she took that that night? 2. oraRer you were inthe studio? 3 MR, HARDY: Yes, ma‘em, 3 MR. HARDY: A litle bit before ~- not @ 4 MS. FRIFL: So when did the guns leave 4 ite bit, but before. It's not Ike a gun range 5 those guns were al on this futon at about 8:00 on the | & where you go shoot. They are collectors items, t's night of May 12th but they weren't there inthe early 6 an ACOG and there is a bunch of names for it. You 7. hours of May 13th? Mow did they leave your apartment | 7 sight't, put ton the ground and you dp, what you 8 In those hours? can’t do at a regular gun range, It's not like Tam ° MR. HARDY: Well, lie I had sald, they are 9 there just shooting # bunch of clips of ammo, That's 40. collectors. You don't leave collectors out. So the 10 why there is nota bunch of ammo laying around In the 11 people that employ me just following my orders, they | 41. pictures, just the guns, 42. dic their Jod and took them away and lefethe onest | 42 MS. FRIEL: Okay. So you were atthe gun 19. told them to, because that's my favorite. 12° range eorlier. You were at the studio in the 14 MS. FRIGL: Okay. Who are these people that [14 afternoon? 415° took the guns away? 6 MR, HARDY: Yes, ma'am, 16 MR. HARDY: Tcar't tell you. I wasn't 6 MS, FRIEL: And eventually you come home to 47 tere, Remember, Ile to go back to the studio, 17 the apertment and the people are already in the 8 MS. FRIEL: Okey. Did you call someone 18 apartment, right? 49° before you left anc asked them to take these gun away? | 19 MR. HARDY: No, ma'am. 20 MR. HARDY: Sammy wae with me. 20 MS. FRIEL: They were not when you got home? a MS. FRIEL: Sammy was with you? I'm sorry. | 24 MR. HARDY: No, ma'am, 22 1 am just trying to pin down now these guns cameto | 22 MS, FRIEL: Okay. The guns were stil tere, 23 eave the apartment. Tam not trying to be dificult, 23. though, when you got home? Fa MR, HARDY: And I am teling you I don't 4 MAL HARDY: Yes, ma'am, 25_krow, 2 (MS. FRIEL: Okay, And they were stil there‘She folioned us down to the car, yes. HEARING Page 115, HEARING Pago 117 1 when Laura took the plcture of them on the futon at 1 MR. MANARA: Did she get in your car? 2 8:00 at night? 2 MR, HARDY: Not a first. 3 HR, HARDY: Yes, ma'am, 3 MR. MAISTER: Do you remember "the bun"? 4 MS. FRIEL: And you believe that someone came | 4 MR, HARDY: What are you asking? 5 and took them out of your apartment after you went back | 5 MR. MAISTER: She called him "the bum." She & tothe stucio? 6 dich’ start screaming 7 MR, HARDY: 1 know. 7 MR. MANARA: And Greg, let me be very honest. 8 MS. FRIEL: 1 thought that's what you Just 8 We just got al these documents a counle of days ago. 8 said --oh, sary. 9 So am really just trying to ask you some questions 50 0 MS. MePHEE: It sounded like you sald "I 40 Yeon understand, {1 don't” He sald, “Tknow,” yes 1" MS. McPHEE: Well, t's good becouse we have 2 MS. FRIEL: And you don't know who came and | 12 @ transcrint because Frenk covered this stuf 13. put the guns away while you were gone? MR. HARDY: The specific question is * MR, HARDY: That's when Nicki came because, | 44 (MR, MANARA: Heather, Iam just tying to 15. ke he said, Marco, Semmy and the other people that | 18. help to ask 2 follow-up question, 48 were there. 16 MS. McPHEE: T know. { know. But Tam just ” MS. FRIEL: But Semmy would know, right? 17 saying, you wil have 2 transcript 1. MR. HARDY: Yes, ma'am, ® MR. MANARA: Tam not trying te tick you or 19 MS. FRIEL: Oh, one other thing, Sammy was | 19 put you In a box. I'am just trying to ask you a 20 sleeping out on one of these couches at least before | 20 question, ‘So after the bum) incident which { had 21° the argument got foud enough it woke him up. Which of |21 forgotten, she got back. At that point, you invited 22. the two couches was he sleeping on; do you recall? 22, her into the car and she drove back with you? 2 MR. HARDY: Sammy was on that couch when 1 | 23, MR. HARDY: Yes, sir, along with everybacy 24 came out. I don't know what he was doing when Lcame | 24 else. 25 _cut, but he was there, 25 MR. MANARA: And then when you got back, HEARING Page 116 HEARING Page 18 1 MS, FRIEL: So he was on this one? 1. there was this discussion of the incident with your 2 (Indicating.) Indleating the L-shaped couch, for the 2 sister? 3 record, 3 MR, HARDY: Yes, sir. ‘ IR, MANARA: One thing I just wanted to 4 MR. MANARA; The comment abcut your sister? 5 follow up on. When you were going through it, you went | § MR, HARDY: Yes, sit. © kind of fast and 1 wasn't sure I totally followed. So 6 MR. MANARA: Can you tell us what that was? 7 at the end ofthe night when you come back to your 7 What actually happened? We didn't get ~ 8 apartment 8 MR. HARDY: 11am a professional athiete. My ° MR. HARDY: Yes, sr. 9 sister had just dropped out of college. My sister Is 0 MR. MANARA: -- end Nicole comes back with | 10 very close with me. She is three years apart. Tove 11 you, but Laura doesn’? 11 my sister and she's been with me before allthis stuff 2 MR. HARDY: Yes, si. 12 happened, 2 FAR, MANARA: How did it come to be thot 3 And someone, as he sald, sal something about 14 Nicole even came back with you where Leura disnt? | 44 my sister. So I have to go check and see if my sister 6 MIR. HAROY: Laura disappeared at the cub. | 18. is okay and if 1 nead to go Falk to that person. And 18 We don't even know where stie went. And Nicole wasn't | 416 he sald it in such a may thet It was very, very rude. 17 with me, (was with my guys and Kristina Leurence was [17 And I did what | was supposed to do. I walked away 18° with Merco which Is my guy and we left. 1had to goto | 18. just ike they teach you at the Rockie Symposium. You 19 work. [had to get my awn ~ go to work and get aut of | 19 go and talk about it before you do something heated 20 there, So we wore leaving and I have no clue where she | 20 MR, BIRCH: He made a statement hike some 21 went after that, 24 sort of snide comment? 2 MR. MANARA: But Nicole actually came with — | 22 MR. HARDY: I woudn't say “side,” 23 you? 23. insinvation. And 1 woulda't say it was a rude mu MR. HARDY: From ~ she didn't come with me. | 24. insinuation, which is why you don't reect. I went anc 25 _talked to my best friend of 50 billon years,1 rr “ 2 8 4 6 16 7 8 0 20 a 2 a 2 25 16 wrong, never flied arrested. FEARING Page 110 ~~ HEARING MR. BIRCH: You said, "Hey, man, did I hear 1 aru test. that right” 2 Tike that Wfestyle. Tarn not saying 1 akd MS. McPHEE: Right. 3 anything wrong as fer as legaliy, but Idi something MR. HARDY: Right. Was he trying to say what | 4 wrong as far as making a decision as an NFL. player. he thought I was trying to say? Oo I need to go and - 5 And that's what Iam supposed to do, so thot wes MS. MePHEE: Be a good big brother. Ignorant on my part. 1 was Ignorant and I need to fx MR. HARDY: That's 2 no-no. But, yeah, stuff | 7 that and get back to what I like to do, of that accord, things of that accord, excuse me, 8 MS. McPHEE: I think Just to be clear, MR. MANARA: We went post thet quickly and I | 9 because we are lawyers in the room, when you say thet, Just didnt follow. 10 you mean thet hanging out late at night «= Just, again MR. HARDY: Yes, sir. No problem at all, 11 you are surrounded by a bunch of lawyers when you say, thank you. 12 "Tid something wrong from the NFL," you are not MR. BIRCH: Tassume we have coxciuded with | 13. saying you broke the Personal Conduct Policy? what you wanted? “ Ma. MAROY: Oh, ne, na, man MR, MAISTER: We have, thank you. 6 MS. MePHEE: You are saying, Twas out late MR.BIRCH: Idon't know, Heather, whether 46 at night withthe gids ard ali that kind of stl, You wanted to have eny otner sort of broader statements [17 MR. HARDY: When he called me, yeah, he is my ‘oF anything that you want to add fo anything? But If 18 friend, but I did -- stl had to get ua the next you do want to make sure you have the opportunity. 49. morning, You know, and there ‘stings that you got to MS. MePHEE: Well, think that fe 20 weigh on. That's what I meant by “wrong.” I have to probably -- you guys wauld not be surprised te hear 24 make a better decision as 2 27-year-old man, That's that we definitively balleve that given the timing of 22 all am saying. Yes, sr, sorry about that. the alleged Incident, that any analysis about this 23 MS. McPHEE: No, no, no, no. We are not Incident is conducted uncer the auspices of the 24° paranoid -- net paranoia, but very particular. Personal Conduct Policy that was In pace prior. 1 25 MR. HARDY: Suspicious? HEARING Page 120 HEARING Page 122 thine we looked and there was one dated June of 2083 | 4 MS. MCPHEE: No, no, 20,0, no. Words take that would anply here. So you knaw that's our 2 on disproportionate meanings when you are surrounded by position. 3» bunch of lawyers (Greg, Is there anything else you want to 4 MR. HARDY: [ got it, They seem ike good snare about what you have been through? 5 gus, MR, HARDY: fw say something. 1 wil say 6 HR, MANARA: t's» good thing you got ee, this. Tam shocked. have been hurt, but ike 1 said r MS. MePHEE: In any event ~ ceortier, 10 what {am supposed to do. And you guys, | 8 MR. BIRCH: We know whst you ment. That's belle It or nat, do teach what to da in that 9 tine, station. learn hae there fe nothing good that 0 MS. McPHEE: ~~ you know, we know -- we happens after 12:00. 14 understend your position on cli settlement. 1 hope, ‘You can understand if you are going tobe ln | 12 _yow know, we vil talk about it again. But Fst 2a relationship with somebosy, they Nave to give ana you | 13. strangly fel the reason that you believe i's relevant have to make better decisions, and that doesnt mean | 14__Ie to the extent to which it impacted the OA's decision Fight or wrong. That means time. That means place. | 18 not to go fornerd, you know, contact the DA, We will That means situations. Because all of goesinto the [18 discuss it image, a5 1 am finding out of my team, my shield this, | 47 MR. PASH: Don’t hold our breath? that and the other, And It does affect everybody ® MR. BIRCH: Jeff, do you have anything? negativay. 9 MS. McPHEE: One last - of course, we all So, like, even the ttle decisions, you Just 20. know time is ofthe essence. I meen, I know everybody {otto be on point and things lke this went happen, 24 kes rules. He wants to got back to work, He is So want to get back to 8 point where things Hike this 122. obvlovaly gonna be a free oye in a couple of days. ont happen. I've never been to fall, 1 was on the 23. So we would appreciate - 1 krow everyoacy's busy, but Honor Roll, three-time Honor Roll. Ive never bean 24 we would appreciate some -- I mean, obviously we went 2 you te be enorough, butPago 123 HEARING Pag 125 ean 1 mesic: seaman settee? | 4 yanwet tat to ezrin pr Imeem ee 2 mmRet: ramets oan seat | 3 toy, eran mera? 2 setwarestgertt Som aequsy ernest |» reorcomes 4 ste pan ey 14 coy sotto AA, toma Neha Ewes prety ear fis porte versie is seer? 2s MEY Ore ey TERRE Pope TERNS TS (eee 1 fatto apres yu er cri a MS. MePHEE: Okay. Can you let us know 3 MR, BIRCH: Let's go off the record. oe 4 Gea cmeed e209) es ea egret ree |g esha eannos ag nue me 4 heutws ict eect vaneigeon ty seri + nS meme: Tom, i > tine eo, mentored before 1 Naame: suede. suet. suet | eee 14 anywhere. 13 15 (MS. MCPHEE: Let us know ASAP, bad 16 MR. PASH: Bickering back and forth between = 17 counsel is not gaing to -- doesn't do Mr. Hardy any Ee 2 yovancetssppoprtemateryecantthoe (2