Driscoll Vs. Busch, Jan. 12, 2015

FAMILY COURT OF THE STATE OF DELAWARE COUNTY OF KENT COURTROOM #5

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IN THE MATTER OF:

PATRICIA P. DRISCOLL,

Petitioner,

Vs.

KURT T. BUSCH,

Respondent.

File No.: CK14-02747 Petition No.: 14-30621

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Transcript of Proceedings

January 12, 2015

FAMILY COURT OF THE STATE OF DELAWARE COUNTY OF KENT 400 Court Street Dover, DE 19901

HONORABLE DAVID W. JONES, Commissioner

The owner of this transcript will not copy, alter, transfer or otherwise use in an inappropriate manner. Inappropriate use includes, but is not limited to, using this transcript or the content of this transcript for the purpose of harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment, and/or commercial gain.

PETITIONER: WITNESS

RESPONDENT:: WITNESS

N. Terry

C. Van Metre-

DIRECT

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RE DIRECT

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Burrett 69

C. Cloutier

K. Busch

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PROCEEDINGS 4

MS. PAT MULLINS: ... Kent County is now in

session. The Honorable David Jones presiding in the

Matter of ...

THE COURT: Driscoll versus Busch.

MS. MULLINS: Thank you. [Laughter] . Please

be seated.

THE COURT: All right.

MALE VOICE: Good morning, Your Honor.

THE COURT: Good morning, everyone. We're back

on the record, I assume, since I can't see that. We're

back on the record in the matter of the PFA petition

filed by Ms. Driscoll against Mr. Busch. We left off

with Mr. Daunch's [phonetic] testimony. I believe we

completed that. Mr. Hardin?

MR. RUSTY HARDIN, ESQ.: Yes, Your Honor, we're

ready to proceed, if the Court is.

THE COURT: All right. Certainly.

MR. HARDIN: And we'll call Mr. Nick Terry.

THE COURT: All right. Mr. Nick Terry.

MS. MULLINS: Nick Terry.

[Background Noise]

MS. MULLINS: Take the stand right here, and

you can take your jacket off. Left hand on the Bible and

raise your right. State your full name.

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PROCEEDINGS

1 MR. NICHOLAS EDWARD TERRY: Nicholas Edward

2 Terry.

3 MS. MULLINS: Do you swear to tell the truth,

4 the whole truth, and nothing but the truth, so help you,

5 God?

6 MR. TERRY: I do.

7 MS. MULLINS: Spell your last name for the

8 record.

9 MR. TERRY: T-E-R-R-Y.

10 THE COURT: All right. Good morning, Mr.

11 Terry. Mr. Hardin, you may proceed.

12 N I C H 0 L A S E D W A R D T E R R Y, having

13 been first duly sworn, testif;ed as follows:

14 DIRECT EXAMINATION

15 BY .MR. RUSTY HARDIN

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Q: Good morning. Mr. Terry, if you will try

to keep in mind, the microphone in front of you is there,

so that you can be heard. Would 'you state your name

again, please?

A: Nicholas Edward Terry.

Q: And, Mr. Terry, how old a man are you?

A: Thirty-five.

Q: And where do you live?

A: I live in Thomasville, North Carolina.


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DIRECT EXAMINATION OF N. TERRY BY R. HARDIN

Q: And what's your occupation?

A: I'm a chaplain for Motor Racing Outreach.

Q: And how long have you been a chaplain for

Motor Racing Outreach?

A: For three years.

Q: Would you give the Judge a little bit of

the benefit of your background, where you grew up, your

profession, and how you got to where you are?

A: Sure, yeah. I spent ten years in the

sport of NASCAR as a competitor on the competition side,

as a pit crew member, going over the wall. I felt God's

leading me to ministry, and so instead of leaving the

sport to go into local church ministry, I became part of

the team at MRO, as one of their chaplains.

Q: All right. So when you say Motor Racing

Outreach, MRI--MRO are the initials that are used within

the organization?

A: Yes, sir, it's for Motor Racing Outreach,

that's right.

Q: And explain to the Court what MRO is,

please.

A: Yeah, basically, we provide pastoral care

for the NASCAR racing community. We are pretty similar

to what a local church would do, the only difference


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DIRECT EXAMINATION OF N. TERRY BY R. HARDIN 7

being that we travel with the people and go with them,

but we provide a lot of the same care for the people.

Q: Now, do you have any type of official

relationship, one way or the other, with NASCAR?

A: No, we don't have any type of relationship

with them at all, no. We're not supported by them. They

give us the blessing to be out there serving and doing

what we do, but, no, no affiliation with them directly.

Q: So it'd be fair to say you're a totally

independent organization?

A: Yes, sir, that's right.

Q: And NASCAR is not paying your salaries or

anything like that?

A: No, we're funded just like a church is,

from the local community.

Q: Do you conduct services on weekends at

different racing venues?

A: Yeah, we do, we have--right after the

drivers' meetings every weekend, we have a service that

follows the drivers' meeting, which ends up being about

two hours before the race, and those services normally

last 20-to-25 minutes.

Q: And how do you travel? First of all, how

big of an organization is it? How many of you are there?


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A: Yeah, I think there's about 14 of us on

staff, and maybe a couple of those are part-time. But

depending on the location of the race, we'll fly. If

it's somewhere we close, we typically drive, if it's only

five-or-six hours.

Q: Well, for instance, at the Dover

Racetrack, would you be there--well, how would you be

there? Would you be there in a motor home or what?

A: Yeah, it's different every weekend, but

for Dover, we would be there in a motor home versus if we

were on the West Coast, we would just be staying in a

hotel.

Q: All right. Are you married?

A: I am.

Q: And do you have children?

A: I do.

Q: And how old are your children?

A: They are seven, five, and four.

Q: And do they travel with you to these

different locations?

A: They don't go on a weekly basis. They end

up doing maybe five to eight a year.

Q: All right. In September of this past

year, and I'm going to be talking to you more


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particularly about September 26th of 2014, was your

family traveling with you?

A: They were.

Q: And did you attend the racing--the race at

Dover in September of 2014?

A: Yes.

Q: And when you attended that race, were you

there in your motor home?

A: Yes.

Q: And would you kindly give us an idea of

what the schedule would be? If we assume that the 26th

of September was a Friday, what would your activities be?

A: Yeah, Friday would have been a day that we

were just at the track, just present during the day. There would have been qualifying and things like that

going on, Friday. And so Friday is typically a day where

we just make our rounds and connect with people that are there for the weekend, just to let them know that we're there, to be visible and just to be present.

Q: And do you know Kurt Busch?

A: I do.

Q: And how long have you known him?

A: About three years.

Q: And how would you describe, during that


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period of time, your relationship with him? How often

would you be with him? Or were you social friends or

anything like that?

A: Yeah, I mean, really, the extent of your

relationship was just on pit road pre-race. He would

allow me the opportunity to pray for him before he raced,

and really, that was the extent of our relationship.

Q: And in this particular matter, at some

time, did you become familiar with the woman, Patricia,

that he was dating?

A: I did.

Q: Do you know her full name?

A: Uh-huh.

Q: What is it?

A: Patricia Driscoll.

Q: And do you see Ms. Driscoll in the

courtroom today?

A: I do.

Q: And would you point her to the--for the

Judge, just for the record?

A: Yeah.

Q: All right.

THE COURT: The record will reflect

identification of Ms. Driscoll.


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Q: Now, how long have you known Ms. Driscoll?

A: About three years as well.

Q: And did you ever do any counseling for

either one of them or visit with either one of them about

different issues they were concerned about?

A: I never counseled Kurt, particularly. I

had spent some time with Patricia a couple of times.

Q: All right. Now, on the particular evening

of September the 26th, were you and your family in your

motor home?

A: Yes.

Q: And did Ms. Patricia Driscoll contact you?

A: Yes.

Q: About what time would you say that was?

A: Roughly around 10 o'clock or so.

Q: Were your children still up?

A: One of them was awake and two were asleep.

Q: And what happened exactly?

A: My wife and I, and one of my children were

in the back bedroom watching television. On the foldout

couch upfront was another--one of my children was asleep,

and my other kid was awake. And that's when we got a

knock on the door, Patricia and Houston [phonetic] were

there.


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Q: All right. Let me just--I'll take you

through question and answer, if I can?

A: Sure.

Q: And would you describe each of them as you

observed them when you went to the door?

A: Yeah, when I opened the door, I noticed

that Patricia was crying and that she was upset. Houston

was very somber, very quiet, and had his head down.

Q: Okay. And by the way, before this

morning, had you and I ever met?

A: No.

Q: Had you had conversations or contact by

Mr. Yarborough [phonetic] in my office?

A: In your office?

Q: Or no, from my office. Had you ever had

contact with Mr. Yarborough, who is sitting here--

A: [Interposing] Yes, yeah.

Q: All right. But had you and I ever met or

talked?

A: No.

Q: Okay. Did we meet this morning?

A: Yes.

Q: Let me go back now to that particular

night. Could you tell--how would you describe the


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overall demeanor of Houston?

A: Houston was--he was very quiet. He didn't

say really hardly anything. He had his head down and was

pretty much minding to himself.

Q: Okay. Did he appear to be crying?

A: I wouldn't say he was not crying, but it

was really hard to tell. He may have had a tear running

down his face, but it was very quiet, head down--

Q: [Interposing] Because his head was down?

A: --to himself, yeah.

Q: All right. And what did Ms. Driscoll say

when you came to the door?

A: Well, I immediately asked her if she was

okay, and she said, no. So since my wife was there with

us, I invited them to come inside.

Q: Okay. So what'd you do then?

A: I sat her down and--at a little table that

is in the bus, for eating. We moved my kid that was

awake to the back bedroom, along with Houston, so they

could watch a show back there.

Q: All right. And then during the time that

you--when she moved into the living room there at the

table, was it well lit?

A: Yeah, I mean, the lights were on. It was


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dark outside. It was night, but the lights were--

Q: [Interposing] But inside the motor home,

was it well lit?

A: Yes.

Q: All right. And then what happened once

you got Houston to the back?

A: Well, we just began to ask her what was

going on. We just said, hey, what's going on?

Q: What did she say?

A: She said that she had been texting with

Kurt and was concerned about him, and that she drove over

from D.C. or from wherever she lives. And she said she

drove over and that they got into an argument, and then

she came over to the bus.

Q: Did she tell you what happened--her

version of what happened during the argument?

A: Yeah, after we got to that point, she told

me that after they got there, they got in an argument.

That was about all she said. And then she told me about

the incident.

Q: What did she say?

A: She said that Kurt grabbed her by the neck

and pushed her back up against the wall.

Q: Okay. She didn't say anything about him


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slamming her against the wall three times?

A: No.

Q: And when she said he grabbed her by the

neck and pushed her up against the wall, what did she say

then?

A: That was it.

Q: Did she say anything about her neck?

A: She said her neck hurt, and this back part

of her neck, lower head.

Q: Did she ask you to look at her?

A: She did.

Q: What'd she say?

A: She asked my wife and I, did we see any

marks on her, or any redness, or any scratches, or

anything of that nature.

Q: And did you lean forward to look?

A: Yeah, my wife leaned over the table, and I

leaned in to look as well.

Q: And what did you see?

A: We didn't see anything, any redness or

anything.

Q: So what did you tell her?

A: My wife told her that we didn't see

anything--


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MS. CAROLYN M. MCNEICE, ESQ.: Objection.

Hearsay.

MR. HARDIN: It's all part there of that res

gestae--

THE COURT: [Interposing] Okay.

MS. MCNIECE: I'm sorry. I did not hear your

response, Mr. Hardin. I didn't hear it.

MR. HARDIN: It is all part of a particular res

gestae of the offense.

THE COURT: Well, certainly, I won't consider

the utterance of Ms. Terry unless she's scheduled to be

here as a witness, for the truth of the matter that she

asserted. This witness can testify about what he

observed and didn't observe. But I won't consider Ms.

Terry's utterance for the truth of the matter that was

asserted, unless she is here to testify.

MS. MCNIECE: Thank you.

MR. HARDIN: That's fine.

THE COURT: Mr. Hardin?

Q: And then what did you say?

A: There was no need for me to say that I did

or didn't see anything on her.

Q: Why is that?

A: Because my wife had already stated that.


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Q: And did you see any marks on her at all?

A: No.

Q: So at the time, can you estimate the--did

she tell you how long--what time she got there, to his

place?

A: She didn't give me an exact time, but it

was a very short amount of time that she got there, from

the time she got to our bus.

Q: Yeah, how far away was your motor home

from his?

A: I don't know exactly where they were

parked, but probably 50-to-100 yards, I would guess.

Q: How certain are you--~n a matter of

minutes after this event, how certain are you that you

saw absolutely no marks on her neck?

A: I'm certain that I didn't see anything.

Q: And did you look carefully?

A: Yes.

Q: And did you tell her--after your wife said

she didn't see anything, what did she say, meaning

Patricia?

A: Nothing. That was the end of that

conversation.

Q: After you looked at her and didn't see


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anything on her neck, what happened next?

A: She said her neck was hurting, and my wife

offered her Ibuprofen and a pack of frozen vegetables for

her neck ..

Q: Okay. And so did she take those?

A: Yes.

Q: And then how much longer did she stay

there?

A: Maybe 30-to-45 minutes after that.

Q: And what was the conversation generally

after that?

A: Really just listening to her talk about

just the emotion of--just that she was feeling in general

about, you know, I know she said she felt guilty that she

had drove over there, and said she was blaming herself

and things of that nature.

Q: And what do you mean, she said she was

blaming herself?

A: Well, she said it was my fault, I drove

over here. And we just listened and the only counsel we

gave her was to either go back home or to go to a hotel

for the night.

Q: Now, in your practice, do you attempt, one

way or the other, to sort through one side or the other


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of a story, when a person is telling you about something?

Sort of explain what your practice is about counseling,

in other words.

A: Yeah, I mean, I never question anybody

that brings anything to me that says anything about any

particular situation. I feel that my job as a chaplain

is not to make judgment on whether anything anybody says

to me is right or wrong. It's my job to listen and to

care for them the best that I can.

Q: And was that what you were doing that

night?

A: Absolutely.

Q: Does your wife ever participate with you

in visiting with people that come to you over situations?

A: Sometimes.

Q: All right. And in this particular case,

did you have any further conversations, other than what

you just mentioned, or contact with Houston?

A: No, not with Houston.

Q: Did Houston ever come out of the bedroom

that night, before they left?

A: He did.

Q: And do you remember that and what do you

remember about it?


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A: He came out about halfway through our time

together, and he asked if Kurt was going to be okay, and

that was the only question he asked that night.

Q: Did he say anything about Kurt ever having

done anything to his mother?

A: That's the only thing he said--

MS. MCNIECE: [Interposing] Objection.

Hearsay.

THE COURT: Well, I think the answer is that he

didn't say anything, so that objection will be overruled,

to that extent.

MR. HARDIN: All right.

Q: Now, during the period of time that she

was there, do you recall making any recommendations to

her, or suggestions about where she should go or

anything?

A: Yes.

Q: How did that--

MS. MCNIECE: [Interposing] Objection. Asked

and answered. He already said he advised her to go

either to a hotel--

THE COURT: [Interposing] I'll allow the

witness to answer.

Q: What did you tell her?


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A: Yeah, we said, we could either help you

get to a hotel tonight, if you need help doing that, and

get you set up for the night, or either we would counsel

you to drive home for the evening.

Q: All right. Now, when you were visiting

with her that night, after you finished 45 minutes or so,

or an hour--the total time she was in your trailer, you

would say is about how long?

A: I would say about 45 minutes.

Q: And by the time she left, did you see any

bruises or any redness on her neck then?

A: I did not.

Q: When she left, did--and when she left with

Houston, what time of night would you expect that to have

been?

A: 10:45 or 11 o'clock, somewhere around

there.

Q: Okay. Now, at some time last year, were

you contacted by Mr. Yarborough, that I asked you about

earlier?

A: I was.

Q: And did you talk to him over the phone?

A: I did.

Q: And were you aware that there were


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hearings in this case in December of last year?

A: I was.

Q: Did we attempt to get you to come as a

witness then?

A: You guys asked me if I would come.

Q: And what was your position?

A: I said, no.

Q: All right. And why did you say no?

A: Well, mainly because I didn't want to pick

a side. I didn't want to support Kurt or support her,

but I wanted to support both of them, the best I could.

Q: All right. And so basically, you wanted

to stay out of it, if you could. Is that true?

A: Yes, I do.

Q: All right. Now, obviously, you arrived

today at our request, correct?

A: Yes.

Q: And why did you change your mind and

decide to come in?

A: Well, because you guys shared some

information with me about things that were said in here

under oath, that were not true, about me, things that I

did not say--

THE COURT: [Interposing] Excuse me.


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MS. MCNIECE: Excuse me.

THE COURT: My understanding, counsel, is at

the beginning of this proceeding, the witnesses were

sequestered. This witness is now telling me that counsel

shared with the witness, things that other witnesses said

in the proceeding?

MR. HARDIN: We shared with him, testimony in

the trial. That's what it is. And he was not a witness.

He was never sequestered.

MS. MCNIECE: I have to object on that basis.

Also, I'm not sure if in fact, it was Mr. Hardin who said

that, or another member of his staff. For instance, he's

talking about a Mr. Yarborough, and I don't know who that

is.

MR. HARDIN: Well, we just pointed him out.

THE COURT: Mr. Yarborough is--

MS. MCNIECE: [Interposing] I thought that was

it. I've never been introduced to him--

THE COURT: --his--the assistant is present.

MR. HARDIN: Your Honor, if I may? May I be

heard on it--

THE COURT: [Interposing] Yes, you may.

MR. HARDIN: He was given testimony that was

given in open court, to review to see if it was accurate


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as to what he said. This is the witness, she said, that

we bribed and that we threatened. Now, I am surely

entitled to inquire of that witness, if that is in fact

sortreth.ing t.hat. happened. And it goes directly to her

credibility. She swore under oath that we threatened her

and that we bribed her--bribed him. And he was never a

witness. He had declined to be a witness.

THE COURT: Well, here's the distinction

though, Mr. Hardin. The distinction is--well, I think

one thing that we're going to need to get into with the

witness is the extent to which testimony that was

presented in court was disclosed to the witness in

anticipation of the witness being a witness in the

proceeding. Because it doesn't really matter, Mr.

Hardin, whether the witness is someone who you've

identified somehow, pretrial, or whether the witness is

someone who you decided to call as a witness at some

point in time during the proceeding.

We're going to have to determine the extent to

which sequestration may have been violated, and then the

Court is going to have to make a determination with

regard to what to do as it relates to the witness'

testimony. So I'll allow--Ms. McNeice, if you wish to

voir dire the witness as it relates to any sequestration


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violation, I'll allow you to do that. And then we'll

make a determination with regard to how to proceed.

Or, Mr. Hardin, if you wish to preliminarily

begin the voir dire about what testimony was shared with

the witness--

MR. HARDIN: [Interposing] Well, what I was

going to do, and I think it'd be for the ease of the

Court and for the other side, I've made copies of the

excerpts of the transcript, the official transcript that

he was sent. So that the Court understands, he was sent

this, to ask if this accurately reflected what he had

said and what had happened. And I've got copies here

that I can give Defense and you, and he can look at to

identify whether this is what he received from us.

THE COURT: Okay.

MR. HARDIN: And then you will have a basis to

sort of start thinking about--

THE COURT: [Interposing] All right. What I'll

do is, I'm going to recess, so that you can share those

transcripts with Ms. McNeice. Ms. McNeice, then we'll

see whether or not there's some sort of application as it

relates to the witness' testimony, based on the

sequestration violation that is alleged, at least.

MS. MCNIECE: Your Honor, before you take a


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recess, I'd like to present to the Court, he's called

this an official transcript. This is not indeed, an

official transcript. It is not a transcript that's been

prepared by any court reporter. It is not--or any person

that has used the recordings of this Court.

THE COURT: Okay.

MALE VOICE: That's incorrect.

THE COURT: Okay. Well, I do have a transcript

in my file, so I'm assuming that that--

MALE VOICE: [Interposing] Yeah--

MR. HARDIN: [Interposing] It is.

MALE VOICE: We ordered it, and it is the

official transcript.

THE COURT: I'm assuming that there was a

transcript ordered by someone. But in any event, what's

relevant is that it is what was shown to the witness,

allegedly. And when we're talking about a sequestration

violation or an alleged sequestration violation, we need

to make a determination with regard to the extent to

which any alleged sequestration violation may have

infected the witness' testimony.

And so I'll allow you to review that portion of

the transcript, which apparently, it must be an official

transcript or it wouldn't have landed in my file. So


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I'll allow you to review that and we'll take a recess.

And let the Court know when you're ready and we'll have

voir dire as it relates to - -

[Background Noise]

MS. MCNIECE: Thank you.

THE COURT: We're in recess.

FEMALE VOICE: All rise.

[END 436261 20150112-0910 PART1.WMA]

[Whereupon, a recess was taken.]

[END 436261_20150112-0955 PART2.WMA]

MS. MULLINS: Family Court back in session.

Please be seated.

THE COURT: All right. Good morning again,

everyone. Ms. McNeice, you've had an opportunity to

review the transcript that Mr. Hardin had referenced

previously, about the testimony in this proceeding that

had been shared with the witness. Is that correct?

MS. MCNEICE: That's correct, Your Honor.

THE COURT: Okay. And do you have some

application based upon the transcript that you've been

given?

MS. MCNEICE: Yes, I am first not familiar with

the reporting and transcription service that is listed on

the bottom of this. I'm only familiar with transcription


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services in Delaware that are used by this Court. That's

my first application, is that, in fact, this is not an

official transcript, but rather was completed through

some recording device that Mr. Hardin secured.

My second application is that this witness has

been approached and provided with a segment of testimony

that is part of two days' worth of extensive testimony

presented, not just by my client, but by many other

witnesses. I would suggest to the Court that his

testimony has been tainted. He has been provided with

snippets material taken out of context. He was sent,

apparently, these materials through a screenshot, rather

than actually provided with a piece of paper that we

generally refer to as a transcript that is a formal

presentation of the testimony.

And on that basis, I would suggest that his

testimony should be stricken in its entirety.

THE COURT: Mr. Hardin, I will certainly--I

haven't seen yet, the portion of the transcript that was

provided to Mr. Terry, and so obviously, I'll need to

review that. As well as, I will allow either party or

both parties to voir dire the witness, as it relates to

the transcript that was shown to the witness, and the

impact that may have had on the witness' testimony.


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So I will take a look at the pages. I do have

an official transcript in my file. Ms. McNeice, the way

we have proceedings transcribed is, we actually--when a

party pays for them, we send the tape-recording of these

proceedings off to a transcription service. I don't know

where they're located now. They used to be located in

North Carolina. And the transcription service

transcribes the proceedings for us, and that's how we

make an official court transcript. And there appears to

be one in my file.

We don't allow recording devices in our

courtrooms, so we don't allow people to independently

tape record what happens here. And so I'm just going to-

-well, I can't assume--

MR. HARDIN: [Interposing] If I may--

THE COURT: What I can do is, I can compare

what Mr. Hardin presents to the transcript that I have in

my file, to see if it's authentic.

MR. HARDIN: If I may, Your Honor?

THE COURT: Sure.

MR. HARDIN: What I would propose is, I can

show--I've marked as Respondent 12, the excerpt that we

say that we sent.

THE COURT: Uh-huh.


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MR. HARDIN: And for your reference, to see if

it's accurate, once we tender it to you, it's Pages 182

and 183 of the first day.

THE COURT: Okay. All right. Thank you.

MR. HARDIN: And then for the record, if I

could make a proffer, if it's okay with the Court?

THE COURT: Uh-huh.

MR. HARDIN: This witness had made it clear

that he was not going to be a witness in the case.

THE COURT: Yeah, I think I've heard the

witness' testimony. I don't need any further proffer in

the presence of the witness--

MR. HARDIN: [Interposing] I just wanted one

for the record. Yes, sir.

THE COURT: Okay.

MR. HARDIN: And then because--depending on the

Court's ruling. And then you will see on this exhibit,

that it was--this excerpt of two pages was sent to him on

January the 8th of this year.

THE COURT: Uh-huh.

MR. HARDIN: And you will see on this exhibit,

his response to us. And so what I would propose--and at

that time, he was not a witness. He was somebody that we

were trying to persuade to be a witness, but we had been


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unsuccessful in doing so.

THE COURT: Well, we can get to that point when

the Court determines whether to make a ruling. If

someone is a potential witness, they are subject to

sequestration, just as much as someone is on some

official witness list. We don't sort of do that here in

Delaware.

We don't limit the witnesses that you can call,

by placing people on a list of witnesses, and it's fair

game to share testimony with people who aren't on that

list, but not with people who are. In Delaware, all

potential witnesses are sequestered, and therefore, it's

not appropriate to share the transcription of testimony

with potential witnesses.

MR. HARDIN: If I may? If the Court--what you

will see is, this is specifically asking him if things

said about him, and that he said were true.

THE COURT: Uh-huh.

MR. HARDIN: If you recall, what you'll see

there, this has to do with whether or not we had bribed

him or whether we had threatened him.

THE COURT: Uh-huh.

MR. HARDIN: Obviously, as you know, we have an

obligation to pursue and find out whether that is true or


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not, and to see what his reaction is to that, because

that was the first time we had ever heard that. She

swore under oath, that was true.

THE COURT: Uh-huh.

MR. HARDIN: We believed then and are certain

now, that was perjury. We had an obligation to check

into that. And the only--the easiest and most accurate

way, rather than us just talking to him, is to show him

exactly what was said and ask if that is true. It is

then that he informed us, it was not. And then he can

tell you one way or the other, in his mind, why he ended

up here.

But that is what--and at the time he showed--he

was--I think under the law, Your Honor, in all due

respect, I'm not aware of any case that says a witness

cannot be asked if testimony about him is true or not,

which is what this was.

THE COURT: Well, a witness can be asked to

deal with subject matter, but once witnesses are

sequestered, there's an order that says that they can't

be present or have disclosed to them, anything that's

been said in court. And so we'll deal with this.

But first and foremost, I think what we've got

to deal with is, what was disclosed to the witness?


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VOIR DIRE OF N. TERRY BY R. HARDIN 33

1 MR. HARDIN: How about if I show that to him

2 now?

3 THE COURT: I'll take a look at that. And I'm

4 referencing the pages here. Ms. McNeice, you're

5 standing. I'm assuming that you'll have an application

6 once we hear from the witness--

7 MS. MCNEICE: [Interposing] I will, thank you.

8 I--

9 THE COURT: [Interposing] Okay, Thank you.

10 MS. MCNEICE: --will wait.

11 MR. HARDIN: And if I may?

12 VOIR DIRE BY

13 MR. RUSTY HARDIN

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Q: My question to you, sir, is if you'll look

at that and see if that appears to be an accurate copy of

what was forwarded to you by email, Respondent's 12?

A: Yes, it is, yes.

Q: Okay.

MR. HARDIN: May I tender it to the Court?

THE COURT: Sure. Thank you. All right. If

you have questions of the witness as it relates to this,

I'll allow you to ask him.

MR. HARDIN: Thank you very much.

Q: Now, Mr. Terry, my question to you was--


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let me take you back in reference. You had testified

that you had originally not intended to appear as a

witness. Is that correct?

A: That's right.

Q: And at the time that you received this

email that is Respondent's 12, I just showed you, at that

time, did you intend to be a witness?

A: No.

Q: And had you informed us at that time, that

you didn't--that you were respectfully declining to be a

witness.

A: Yes.

Q: Okay. For the reasons that you gave the

Court earlier.

A: Yes.

Q: All right. Now, at any time, did we

suggest to you, what you should say or try to get you to

say anything?

A: Absolutely not.

Q: After you received that particular bit of

testimony, Respondent's 12, that she has been given, what

was your reaction to it when you saw it?

A: Well, my immediate reaction was, it was

not true.


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Q: And so did that have any impact on your--

THE COURT: [Interposing] Your reaction, sir,

was that what was not true?

MR. TERRY: What was stated in the reporting.

Q: Let me be more specific with you--

THE COURT: [Interposing] Okay. You--

Q: Let's start with 182. On Line 13, it

reflects--well, let's go back. Let me go back before.

There's a question on Line 8. Could you tell me who we

have supposedly threatened or bribed? In answer, she

said, you named some of my staff members, and do I know

these people. And the question on Line 12, which ones

did we threatened? And the answer was Matt Ballard

[phonetic]. You also threatened the preacher, Nick

Terry. I was on the phone with him last night. Is that

true? Did we ever threaten you?

A: No, you did not.

Q: And question, we threatened him? Answer,

yes, you did, and then you also bribed him and tried to

get him to change his story. Is that true?

story?

A: You did not bribe me, no.

Q: Did we try to get you to change your

A: No.


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Q: Have you always told us the same thing?

A: Yes.

THE COURT: All right. Sir, in what respect

did th-e':.'',di.sclosure of this cause you to change your mind

with regard to whether you wished to be a witness in this

proceeding or whether you wished to remain neutral in

this matter, as you've stated previously?

MR. TERRY: Yeah, the difference in that was

after reading that, what I wanted was for the

Commissioner or the Judge to hear from me directly, to

have my testimony, to be able to make fair judgment.

THE COURT: Okay. And, sir, did you actually

have a conversation with Ms. Driscoll, the night before

the proceeding, that she was discussing in this

testimony?

MR. TERRY: Yeah, uh-huh, yes, sir.

THE COURT: So you did have that conversation

with her?

MR. TERRY: It was the Sunday before, yes, sir.

THE COURT: Okay.

MR. HARDIN: Which was not the night before,

just for the Court.

THE COURT: Right, the proceeding began on a

Tuesday. So you had a conversation with Ms. Driscoll,


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the Sunday before the proceeding began.

MR. TERRY: Yes, sir.

THE COURT: All right. And did you and Ms.

Dr:iosc.o~,l in that conversation, discuss your interactions

with Mr. Busch and his counsel?

MR. TERRY: The only thing she said that--was

that she heard that I was coming up here, and I told her

that I was not.

THE COURT: Uh-huh. And did you discuss with

Ms. Driscoll, why you were not coming?

MR. TERRY: I did, yeah, I told her the same

thing that I shared with the Court, was that, I was not

going to pick a side, him or her, to support through this

process.

THE COURT: Okay. So the part of the testimony

that's not true, that you're telling the Court about, is

that--is the part about being threatened by Mr. Hardin's

firm or Mr. Busch's defense counsel, and that they bribed

you and tried to get you to change your story. That's--

MR. TERRY: [Interposing] That's right.

THE COURT: That's the part that's not true.

MR. TERRY: Yes, sir. They've been very

professional and respectful the whole time.

THE COURT: Okay. And so did you have any


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conversation with Ms. Driscoll, to the effect that things

like that had occurred, in your conversation with her?

MR. TERRY: I told her that they approached me

and asked me if I would come, yes.

THE COURT: Okay. As part of your conversation

with Ms. Driscoll, did you discuss whether or not you had

been threatened or bribed by Mr. Hardin's office or

anyone on behalf of Mr. Busch?

MR. TERRY: No.

THE COURT: Okay. All right. And you didn't

have that discussion or you told her that that hadn't

happened?

MR. TERRY: No, we did not have that

discussion.

THE COURT: Okay. All right. Mr. Hardin, did

you have further questions of the witness as it relates

to this--

MR. HARDIN: [Interposing] I do, Your Honor.

THE COURT: Okay. All right.

Q: I want to ask you--

MS. MCNEICE: [Interposing] Excuse me. If I

just might clarify? Is this by way of voir dire or is

this continued--

THE COURT: [Interposing] This is voir dire.


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No, we're not continuing the testimony at this point.

We're just voir diring the witness at this point--

MS. MCNEICE: Thank you.

MR. HARDIN: Oh, I'm sorry. I misunderstood.

Q: On the particular--when you had the

conversation with her, the Sunday before the hearing

started in December, which was on a Tuesday, was that by

phone or by text?

A: By phone.

Q: Okay. And had ya'll texted any--had she

initially texted you before that phone conversation?

A: She had texted me, asking me if I could

call her. And we were having my daughter's birthday

party and told her that I'd call her later that

afternoon.

Q: And so that's how the conversation

happened? You returned her call on that Sunday?

A: Yeah.

Q: How long would you estimate that ya'll

talked?

A: Five minutes, maybe.

Q: Now, reading this, that you wrote--that

you were sent, Pages 182 and 183 of the transcript, would

your testimony have been the same before you got it than


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after you got it?

A: Yeah, it's been the same, yes, sir.

Q: I understand that you've given a reason as

to why you decided to come to court, but has that--did

those two pages you received have anything to do with

what you're saying?

A: No.

Q: Do you understand what I mean? In other

words, you've explained that it impacted your decision to

come tell the Judge, so he would have the full story,

correct?

A: Yes, yeah.

Q: But what you're telling him is that it's

the same that you would have said, if you had come before

you ever received it.

A: Yes, it's the same.

Q: All right. Was your decision simply--was

the impact of these two pages simply that it made you

decide that you wanted to make sure the Judge knew the

whole story, but not--it didn't affect the impact--

MS. MCNEICE: [Interposing] Objection.

Leading.

MR. HARDIN: Excuse me.

Q: --the accuracy of what you were saying?


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A: Yes, that's why I wanted the Judge to hear

my testimony.

Q: Why is that?

.A: So that he could make a fair judgment on

what happened.

Q: All right.

MR. HARDIN: That'~ all I have on the voir

dire.

THE COURT: Ms. McNeice, do you wish to voir

dire the witness further?

MS. MCNEICE: I do. Thank you. May I approach

and review the document that--

THE COURT: [Interposing] Do you want the

document that's been admitted?

MS. MCNEICE: Yes, if I--

THE COURT: Certainly.

[Background Noise]

THE COURT: I have the official transcript. I

can refer to those pages.

it--

MS. MCNEICE: Is this all - - yours?

MALE VOICE: Yeah, is it in your way?

MS. MCNEICE: No, I didn't know if you needed

[Crosstalk]


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VOIR DIRE OF N. TERRY BY C. MCNEICE 42

1 MS. MULLINS: Okay. You need to keep the

2 microphone--

3 MS. MCNEICE: [Interposing] All right. Thank

4 you.

5 VOIR DIRE BY

6 MS. CAROLYN MCNEICE

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Q: Mr. Terry, I'm going to review this

document. And again, this was sent to you in this form

of what we call a screenshot. Is that what you recall?

A: Yes, ma'am.

Q: And you received it as an email, correct?

A: As a text.

Q: As a text on, it appears to be, January

8th?

A: Yes, ma'am.

Q: Do you recall receiving that?

A: Yes, ma'am.

Q: And do you recall a phone call from

someone--well, excuse me, strike that. Did you receive a

phone call from someone in Mr. Hardin's office, prior to

receiving this text?

A: Any time prior to?

Q: No, on January 8th, prior to receiving

this text.


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A: No.

Q: So they sent it to you.

A: Yes.

Q: Without any warning that it was coming.

A: Yes.

THE COURT: Specifically, sir, Ms. McNeice has

referred to they. Can you tell me who sent that text to

you?

MR. TERRY: Mr. Yarborough.

THE COURT: Okay. Thank you.

Q: And who is it again, that you understand

Mr. Yarborough to be?

THE COURT: Had you ever met Mr. Yarborough

before today, sir?

MR. TERRY: Not in-person, no, just over the

phone.

THE COURT: Okay. Did you meet him today?

MR. TERRY: In-person--

THE COURT: [Interposing] Did someone introduce

themselves to you as Mr. Yarborough?


THE COURT: And is that person here?


THE COURT: Okay. Could you point him out?


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MR. TERRY: Yes, sir, right here.


Q: Do you recall the number of times you

spoke with Mr. Yarborough prior to receiving this text?

A: Twice verbally over the phone.

Q: Okay. Do you remember the dates of those

phone calls?

A: I do not exactly, no.

Q: Would it have been after you spoke with

Ms. Driscoll concerning the pending trial?

A: No, it was before that. The first phone

call that I got from Mr. Yarborough was--I don't know the

exact date, but probably the second-to-third week in

November.

Q: That's November 2014, of course.

A: Yes, ma'am.

Q: On the back of this collection of papers

referencing the screenshot of Pages 182 and 183, there

a--there is some information.

A: Uh-huh, yes, ma'am.

Q: Have you read this today, sir?

A: I read it just a few minutes ago.

Q: Okay. And this represents what?

A: That was my response to Mr. Yarborough.


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Q: And who is Jim?

A: Jim Yarborough.

Q: Okay. You said you--what day did you send

this?

A: The same day on the 8th.

Q: Okay. You said, I'm at a conference in

Alabama and traveling home this afternoon.

A: Yes, ma'am.

Q: And your home is in North Carolina, sir?

A: Yes, ma'am.

Q: When did you arrive in Delaware to

participate in this trial today?

A: Last night--actually, early this morning,

we landed in Philadelphia about midnight, and then drove

down here.

Q: Who's we, sir?

A: Me and my boss, president and CEO of Motor

Racing Outreach, Billy Mauldin.

Q: And is he here today?

A: Yes, ma'am.

Q: Is he in this courtroom right now?

A: Yes, ma'am.

Q: And did you speak with Kurt Busch prior to

your testimony here today?


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A: No.

Q: I'm sorry. With regard to this trial?

A: No, rna' am.

Q: And did you fly--what--how did you fly?

What--

A: [Interposing] We flew commercial.

Q: And what was that, sir?

A: We flew a commercial flight out of

Charlotte.

Q: Specifically, what was the name of that

flight or the airline?

A: u.s. Airways.

Q: And who paid for that flight, sir?

A: Motor Racing Outreach.

Q: And who paid for your room?

A: Motor Racing Outreach.

Q: You--strike that. Is your wife here

today, sir?

A: No, ma'am.

MS. MCNEICE: I have nothing further on voir

dire.

THE COURT: Mr. Terry, I have just a few more

questions of you. As part of this transcript that--this

is a transcript of--obviously of Ms. Driscoll's


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PROCEEDINGS 47

testimony, as you understand it. There's an allegation

that you had advised Ms. Driscoll that someone, on behalf

of Mr. Busch, had offered financial assistance. Okay.

Did you have any discussion with her, as it related to

whether you had been offered financial assistance by Mr.

Busch or anyone on his behalf, you or your organization?

MR. TERRY: No.

THE COURT: Okay. To your knowledge--do you

have any knowledge regarding who financially supports

your organization?

MR. TERRY: Yeah, we're supported by the NASCAR

community members.

THE COURT: Okay. And do those community

members include Mr. Busch?

MR. TERRY: They could, yes.

THE COURT: Okay. Do you have any direct

knowledge of whether or not Mr. Busch or anyone on his

behalf has provided financial support to you or your

organization?

MR. TERRY: I have no idea.

THE COURT: You don't have any idea because you

don't take care of that?

MR. TERRY: That's right, yes, sir.

THE COURT: All right. Thank you, sir. All


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1 right. I'll hear argument. Mr. Hardin, unless you have

2 other questions of the witness on voir dire, I'll hear

3 argument as it relates to the application regarding the

4 witness' .testimony--

5 MR. HARDIN: [Interposing] Well, I just want to

6 be clear.

7 VOIR DIRE BY

8 MR. RUSTY HARDIN

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Q: Is it true or untrue that Mr. Busch or

anybody on his behalf offered you any type of financial

assistance to come--

MS. MCNEICE: [Interposing] Objection. Asked

and answered.

MR. HARDIN: Well, I just--

THE COURT: [Interposing] I'll allow it to be

answered.

Q: Did anybody on Mr. Busch's behalf, or Mr.

Busch, himself, offer you any financial assistance, or

your organization, to come here and testify?

A: No one has offered me anything.

MR. HARDIN: I guess for the purposes of voir

dire, that will do it.

THE COURT: All right. Thank you, sir. Ms.

McNeice, anything further as it relates to argument on--


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PROCEEDINGS 49

MS. MCNEICE: [Interposing] With regard--

THE COURT: --the testimony?

MS. MCNEICE: I'm sorry. I thought you had

completed those comments. With regard to this witness'

testimony, he indicated that he did not intend to

participate and did not intend to take sides for--after

apparently repeatedly telling Mr. Hardin's staff. He's

indicated that he talked to them twice prior to the trial

starting in December. He indicated that he would not

take sides. He was not going to testify.

My client's understanding that he had received

some offers in order to come, he's testified that that

was not--my client cast it as a bribe. He said that he

did not receive that and did not have that conversation

with her.

I suggest to this Court that Mr. Hardin's staff

has overreached, has interfered with his client's

decision, and that his testimony should--is tainted by

what he's heard here. As I said, he's then given a

snippet of two days ...

THE COURT: It's okay. You may continue.

That's just a conversation between counsel--

MS. MCNEICE: [Interposing] With two days'

worth of testimony. Certainly, my client can discuss on


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PROCEEDINGS 50

rebuttal, what she recalls from their conversations. And

I suggest that this testimony has been tainted and it

should be stricken.

THE COURT: All right. By the way, wherever

the exhibit is, it can be returned. Has it been? Okay.

All right. I'm ready to rule. Fortunately, the portion

of the testimony that was presented to this witness was

not testimony that related to the actual facts and

circumstances surrounding the allegation.

And to be honest, this whole sort of issue, as

it regards to whether or not Mr. Hardin's office had

attempted to bribe witnesses, really is not central to

the case, itself. Obviously, I understand the point that

Mr. Hardin's trying to make, as it relates to Ms.

Driscoll's testimony and the credibility of that

testimony.

I'm not inclined to strike the witness'

testimony as it regards to what he did or didn't observe

and what did or didn't happen in his presence, as those

portions of Ms. Driscoll's testimony and the testimony of

any other witness were not shared with the witness, and

therefore, couldn't have infected the witness' testimony.

Obviously, the parties are now aware of the

Court's view of sequestration orders, and I would expect


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PROCEEDINGS 51

that they will act accordingly. I'm not inclined to

strike this witness' testimony. However, as this is a

very limited section of the official transcript--and I

have reviewed it and made sure that it is part of the

official transcript that was shared with the witness.

And according to the witness' testimony, that

impacted his decision to come here, but I can't see that

this testimony, in and of itself, other than improperly--

would--in other words, other than impacting the witness'

motivation would have impacted his testimony, itself.

I'm certainly capable of judging the

credibility of witnesses, and so I'm not going to strike

the witness' testimony. I will allow it to continue.

MR. HARDIN: Thank you, Your Honor.

THE COURT: The standard, by the way, is

prejudice--and to be honest, exposure to this snippet of

the testimony is not a violation of a sequestration

order, that would have prejudiced this witness in terms

of exposing him to testimony with regard to the disputed

facts that are at issue in the case. And so the witness'

testimony will not be stricken and I'll allow his

testimony to continue.

MR. HARDIN: Thank you. Your Honor, if I

might? One thing I would point out when we talk about


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1 the significance of it is, if you look at Line 14 at 182,

2 she says, I was on the phone with him last night. I'm

3 really answering what counsel was saying. And then she

4 goes down on 16 and says, you also bribed him to try to

5 get him to change his story. I think the clear testimony

6 testimony was that he had told her that, that night.

7 THE COURT: Yeah, I can--I've read the

8 testimony, so I do understand what the transcript says.

9 For the purposes of--

10 MR. HARDIN: [Interposing] I understand.

11 THE COURT: --the ruling that the Court's just

12 made, the witness' testimony can stand. I'm not going to

13 strike it because the testimony that was shown to him

14 wasn't really central to the testimony that he's

15 provided--

16 MR. HARDIN: Thank you.

17 THE COURT: --with regard to what he saw or

18 heard.

19 MR. HARDIN: Thank you. Let me move on. I

20 just have a couple of other minutes.

21 DIRECT EXAMINATION

22 BY MR. RUSTY HARDIN

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24

Q: I wanted to ask you the following

questions on another subject. Do you recall when you


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were testifying about when she came in and you observed

no marks on her neck - - ? Okay.

MR. HARDIN: And I will refer the Court,

without telling the witness what it is, to Pages 191 and

192 of that transcript, for the following questions.

THE COURT: Okay. Hang on.

MR. HARDIN: And this is going to be of the

second day.

THE COURT: You can ask the witness questions

about what he did or didn't observe, sir. I'm capable of

reviewing the testimony and determining what was in the

testimony--

MR. HARDIN: [Interposing] I understand. I

just thought it'd be easier if the Court knew what I was

getting at. That's all.

THE COURT: That's okay. I'm capable of

relating it.

MR. HARDIN: All right.

Q: Did you ever tell Ms. Driscoll that night,

that her neck was red?

A: No.

Q: Did you ever say to her, yes, you and your

wife saw the red marks on her neck?

A: No.


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1 Q: If one were supposed to say they told me,

2 yes, they saw the red marks on my neck, would that be

3 true or untrue?

4 A: No, that's not true--

5 MS. MCNEICE: [Interposing] Objection. I'm

6 sorry. I didn't understand this question.

7 THE COURT: I understood it. It's appropriate.

8 Objection is overruled.

9 MR. HARDIN: Thank you very much. That's all I

10 have, Judge.

11 THE COURT: All right. Ms. McNeice?

12 MS. MCNEICE: Thank you.

13 CROSS-EXAMINATION

14 BY MS. CAROLYN MCNEICE

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Q: Good morning, Mr. Terry.

A: Good morning.

Q: You indicated that Motor Racing Outreach

is supported by members of the NASCAR community.

A: Yes, ma'am.

Q: And that could include Mr. Busch, correct?

A: It could, yes.

Q: And you also said you just don't handle

that end of the business, so you're not sure who's

putting money in the plate and who isn't.


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CROSS-EXAMINATION OF N. TERRY BY C. MCNEICE 55

A: That's correct.

Q: Okay. As part of your ceremony--excuse

me. As part of your service, before each race, do you in

fact request contributions for the--from the

participants?

A: Yeah, we pass an offering basket, yes,

ma'am.

Q: Okay.

THE COURT: Sir, do your contributions

generally come in the form of just cash thrown in a

basket or?

MR. TERRY: No, most of them are sent directly

to the office.

THE COURT: Okay.

MR. TERRY: Yes.

THE COURT: Okay. All right. Thank you, sir.

You may continue.

MS. MCNEICE: Thank you.

Q: Where is that office, sir?

A: It's in Concord, North Carolina.

Q: Okay. When Ms. Driscoll appeared at your

door on the night of September 26th, you said it was

about 10 o'clock?

A: Yes, ma'am.


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Q: Okay. And she related to you, her concern

for Mr. Busch. Were you surprised?

A: I wasn't surprised or not surprised.

Q: Had she come to you in the past about her

concern for Mr. Busch?

A: Yes.

Q: Had you offered her counseling with regard

to that topic?

A: Yes, ma'am, yes.

Q: And did that concern include Mr. Busch's

drinking?

A: She had shared with me about his drinking,

yes.

Q: Had you ever witnessed him drinking?

A: I have not, no.

Q: Had you ever given her information or

comments about what she should do to deal with Mr.

Busch's drinking?

A: We had talked about a couple of things,

yes.

Q: A couple of things, such as what, sir?

A: Such as, if he would've been willing to go

into an AA type program or talk with anybody from

something of that nature.


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Q: Do you run any AA sessions?

A: I do not.

Q: And with regard to observing Mr. Busch

after a race, do you recall a race in Darlington, South

Carolina in roughly, May of 2012?

A: I do.

Q: And were you present when Mr. Busch was

reacting after a race?

A: I was present at the track, but not

present where he was at. I saw the same--just the

coverage on the television.

Q: Okay. You were not present--you were not

in Mr. Busch's presence--

A: [Interposing] Right.

Q: --when he was acting in a particular

manner.

A: That's correct. I was present at the

racetrack, but not in his presence.

Q: Okay. And what did you see?

A: I just saw a post-race altercation.

Q: You indicated that your wife was present

during your discussions with Ms. Driscoll when she

arrived at your trailer on September 26th, correct?

A: Yes, ma'am.


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Q: And you know that also, your wife has been

interviewed by the Dover Police Department with regard to

this particular incident.

A: Yes, ma'am.

Q: Okay. And she may be called as a witness

at any criminal trial.

A: Yes, ma'am.

Q: Okay. Have you also spoken with the Dover

Police, sir?

A: I have.

Q: And you understand that you may also be

called as a witness.

A: Yes.

Q: Do you know if your--or your comments and

discussions with the Dover Police were recorded?

A: I do not know that.

THE COURT: Did you talk to them on the phone,

sir, or in-person?

MR. TERRY: On the phone.

THE COURT: Okay.

Q: You said Patricia told you that Mr. Busch

grabbed her neck and pushed her head against the wall,

correct?

A: That's correct--


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Q: [Interposing] Is that what you recall?

A: Yes, ma'am.

Q: And that she also complained that her neck

hurt?

A: Yes, ma'am.

Q: Again, I believe you described an actual

area, where she was complaining of neck pain. Could you

show us again, where that was?

A: Yes, she just said it was here and on the

back.

THE COURT: Okay. So the first--because we

have to actually describe that for the record, sir,

because we don't--

MR. TERRY: [Interposing] Okay.

THE COURT: --videotape. We just tape record.


THE COURT: The first gesture that you made was

to your throat.

MR. TERRY: Yes.

THE COURT: And the second gesture you made was

to the back of your head or neck area--

MR. TERRY: [Interposing] Yes, sir--

THE COURT: --behind your head?

MR. TERRY: That's correct. Yes, sir, that's


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correct.

THE COURT: Okay. All right.

Q: Okay. And you said your wife provided her

wit-h.some.assistance.

A: Yes.

Q: Ibuprofen and an icepack of sorts.

A: Yes, ma'am.

Q: Correct?

A: Yes, ma'am.

Q: Or some--

THE COURT: [Interposing] Frozen vegetables.

Q: Something cold--

A: [Interposing] Frozen vegetables.

Q: Frozen vegetables. That was cold--that

was what you had in the freezer at the time--

A: That was what we had, yes, ma'am.

Q: I understand.

THE COURT: Sir, where did she apply that, the

frozen stuff that you gave her?

MR. TERRY: Right on the back of the neck and

lower head.


Q: And when you say, she, who applied that?

A: Patricia.


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1 Q: Did you ever speak with Kurt Busch, the

2 day following this discussion with Ms. Driscoll?

3 A: No.

4 Q: Did you see him?

5 A: Yes, I saw him on Sunday.

6 THE COURT: When you say you saw him on Sunday,

7 sir, does that mean you had a conversation with him or

8 you just witnessed him?

9 MR. TERRY: I talked to him--

10 THE COURT: [Interposing] Okay.

11 MR. TERRY: --for 30-to-45 seconds, prerace.

12 THE COURT: Okay.

13 MR. TERRY: And prayed with him. But we did

14 not--we didn't discuss any--

15 THE COURT: [Interposing] So that was a part of

16 your blessing of the drivers?

17 MR. TERRY: Yes, sir.

18 THE COURT: Okay.

19 MS. MCNEICE: I have nothing further.

20 THE COURT: Okay. Mr. Hardin?

21 MR. HARDIN: Real quickly.

22 REDIRECT EXAMINATION

23 BY MR. RUSTY

Documents

Driscoll Vs. Busch, Jan. 12, 2015