Hearing Transcript in Foster Case

8/10/2019 Hearing Transcript in Foster Case

1/59

Jul

.

012

:58PM No.1642

.

21, 2010

6B

I

. That's not what I

said, sir. I said he

2

ollowed ma,

3

.

But couldn't you have Just speeded up a little

C. p I I F T

C .

I.

4 nd then been behind him and followed him

around In a

1

slnle or 0.e105

11.

6

oundabout?

'

C60AN OF ersrwt.

d

. I could.

3

Q. Yeah.

a I, LISA'. r14dx,

c...

Elie, Sno.w..d

1prl.r.

7 d

o

a...

...11

Ir.

0

Oh, I need to ask you, how tall are you?

s

m. p. 1,y v,

nie, .I CII

..., udr.e

9

A. Five foot seven, I believe.

,

0.115.. 06EY 0. 15401 1. .. .lidos lieu

a.rIS Ion

10 Q. How much do

you

weigh?

11

I. c I'leno how. .,

(bit r TM C...Iny .v..I..4 Ti

11 . Right around 200 Pounds.

1. ... by te rely .Irn.

TO

T.r Ib erunl.

.. tar

.n rave by in In

12

Q. Do you w ork out?

Is oat

Inrl..a ..d d...

.......d r. vlll.p

13

. Yes, sir.

'.

w..1n c..oe (or 'abee aaa.s''p1I a. Olin

m

14

.

Do you know who BIII Peck Is?

11

W.1dleI

1.110. . b. b

_' 1

L lilt, , . 1.

=.

.m [......

bran.[..pl of IIi proud1.1. Iwo II II

10

. Y do,

n

E.....Ip .u.

, .

46

. And who Is he?

Is I rd ,

un

,

..,wr

m.I I 0 101

...uarpr ror

17

. He's the -- Well, I hope I don't get In trouble

II

.y .r m partial '.arts,, ..,

n

ddy

tar 000...04

10

y mispronouncing his title. I believe he's the Y0 `

allpi

~

. 041.

a.y

.1

nor solo, 1

1..d,uT1

sunrtvar owners

9 irector or president of the

b

20 ssociation.

+tie

O~

r

s

LI$AI, Iffi00N

21

. And did you and Mr. Peck discuss getting a

3.

@

~

l-1

r

I.Ia

f map.

22 talking Order against Mr. Foster?

23 . No, sir,

95-0

311

24

. Did -- to your knowledge, did Chief Kennedy

~p

70

1

. I do not know.

2

, And Sergeant Patnode, did he discuss It with

3 Mr. Peck?

4

. I do not know.

6 . Okay. Thank you.

0

MR. WESSON: You can ask him any questions If

7 you w ish. I'm done.

0

MR. FRANZI I'm done, too.

9

(Whereupon, the deposition was concluded

10

at 1031 a.m.)

it

12

3

14

16

to

17

10

19

20

21

22

23

24

28

CASCADE COURT REPORTERS, INC. (541) 385-5664 Page 69 to 71 of 71

Exhibit E Page 18

Petitioner '

s Response


2/59

Jul.

.

012

:59PM

No. 1642

.

A

Exhibit E Page 19

Petitioner's Response


3/59

J

u .

012

:59PM

No.1642

.

G ' / A O I LG A U l - J ,t A 4

`Jnya

~~d~r~

Diorldle's of

Suntver

Two Country Man, Pa pox 4859

Sunriver, OR 87707

(641)1}1919

data;

0.850-98

Tubs Alive

PO pax 9893

$unrlvr, OR 97707

&1b &Can le Fnste y

STATEMENT

NET; 10 DAYS

bale

NV #

b@h[ts

Credtts

alance

0 37109

Tubs Mw

$1x1,7$ A

$48476

911/087untMm

an

$493.69

91310811ts

e

$14A $508.88

916/08 Tubs Aaw

845

516.43

9/7109

Tb,Aae

$xys

$525.58

919/08 TuMAM

stem

$544.84

9/10108

TAnMve

S1&4v

$553.04

9/13/08 tunsMn

$

Aw

$571.64

(

9114108

TMAB

+

a

$B$5

$577.39

0/16/08

lWfln

$xaa

$585.64

9118/08 riwAare

$e.

$59714

LIj1H/Oflh

sMyi, $x.77

5000.91

9/19/08

m

*nv

$

z1

$922,97

9120/08 ttes

AR,e

SC.es

$628.22

9127/08 Tbs

Abp

$17.01

$64929

9123108 T a AFro

Sla.71

$864.94

9/24108 T$s Aga

$$571

$997.65

0/20/08

t im Mn

$1$10

$711.05

9/26109

T b&ANM

$4ea.7x

229.29

9/281119 Tws

A*ry

$

11

9255,

9/30/08 iw. Mn

i

6

~

lclli9rc

-~

Exhibit E Page 20

Petitioner

s Response


4/59

Jul.

.

012

:59PM

No.1642

.

L15/1tl/Ltlltl AO: A U

Blondla's of suntiver

Two Country Mall, Po Box 4839

3unriver, O R07707

(641) 583-7018

Date;

1-Au0-08

Tubs Alive

pO Bolt $833

Sunrlver, OR $7707

p0b & Connie poster

STATEMENT

NET: 10 DAY$

Date

14y# Debits

aredlts

alanae

7131106

ToesPLNa

$511.09

5511.33

B/1/6BTubsAltve

$21.m

558234

812108

Tbb, AMP

$19A0

$551.64

812108 TubiAsve

529.61

$581.25

8/9/06 TubsArw- tia10

$593,35

8/4/08

TUb1Awe

$1s.t5

$012.60

0/b/08 flA.

ve

$t

3

.7

1

$630.31

8/0108 its. Awn

$1120

$947,51

er7108 T.ms Pfwv 127.03

$076.04

8/8/087bbl Ma

$14-17

$650,21

8110108 TubsAMg $10.85

$708,06

8/11108 TUbMUO

$21.01

$729.07

8/12108 TuksA4ve

$tava

$753.05

8/1 MIS 1w.Arve

s16.66 $760,91

8116/08 TubsAWe TaeO

$789.81

8/16/08TubAAWc

$2

4

.79

$810.69

8117/001w..A7ve

$t.us

SB18,64

6/181081bbsArvs sia.cs

$894.80

$/19/0811b.A$vo

MAO

$853.70

8120108120, Avo

$22ew

$876.14

8/21/06 Tub11We $28.40

$902.80

8x22/00 Tt6s.6ve

$*IQ

S990.16

6(22108 TubsPlive

$s11M

416,43

8123108 7l4,6nave

$1046

5432-60

8124/08 Tubswvo $15x0

$446.19

8125/08 1bb3AMO

$eAI

$454.80

8/26108Tb,Awe eao

$46x.30

0/27/08 TWmAMe

$4.45

$467.76

8128108 Tubs Alive

$77.01

$464.76

on

Exhibit E Page 21



5/59

Jul.

.

012

:59PM

No.1642

.

Blondle's or Sunrlver

TWo County Mall, PO Box 4839

Sunhver, OR 87107

(541) 593-1018

pate: 1 .Jul-08

Tubs Alive

PO Box 3883

Sunrryer, OR 97707

Bob & Connie Foslor

STATEME{9T

NET

:10 DAYS

Date

NV#

Dedite

Credits

alance

6130108 Tubs

PJHO $414.&i

$415.64

7/1108

Tubs AN

142s

$429.00

7 /s/08TabnAw..

$11.97

$451.77

714108

Tub,P

$21.51

$473.28

116(08

1\. Awo

40.96

$514,23

710,108

TubsNtro $t6.

$529.89

71810E

TutAw $1176

5640.64

7111108 Tua, AM

Pa.s9

$554.32

7114108 Tubs Alwa

$2W.w $324.32

711210$

Tt,MPO

lam

$330.39

7112106

TubsAJNQ

$lags

$340.64

7113108Tub1AWn

15.02

$354.20

7115106

Tuba N49

13.41

$

3

308,07

7116108 TW

Abr

$ts,co

$963.73

7117108 TobsAwo

$1642

$999.16

7/18108

Tuns ANuo

$2229

$422.42

7118108

Tubs Mn

$19.11

$410,73

1/21106

Thb N9n

$22.89

$484.03

7121108 Tubsfve

4195.64

$276.30

7122108 Tub$Awn

t21,5a

6313.08

7/2$IOE

Tube Arryv

$10.91

$331.39

7124108

TubsAJ:w

$vzee

$354,26

7/26108 Tabs Mn

$1894

$387,21

7620/08 Tw,Anvo

$3`46

$389.50

7127108 T01AM

$0.49

$398,02

7128(08

Tub,A$t

$19.46

$414.58

7/29103

Tuba Mn

$11A1

$427,90

71)0/06

'Tub, Mn $7o.1s

$448,

7131108 TubsAlva $47,16

E5

33

Payments

appnea m involves on lust ln/nrst OW Dais.

Exhibit E Page 22



6/59

J u .

.

012 :59PM

No.1642

.

9Tondle's of $cinder

Two Country Mall, PD Box 4939

Sunrlvur, OR

Snot

(647)898-4919

Date;

0.Jun.08

Tubs PUIva

PO Pox 9833

Sunrlyer, OR 97701

bob& nnle na

,,,

S ATEiMENT _

NET;10 DAYS

pale

NV#

ebits

redlts

slancs

8/31/Os rune A9vA

$5.s

1405.55

6WO8' w, AW4

WAD

5483.96

618 08 T,

lw 1%

$500.91

6/3/05 Tw,Ago

Slim

$517.92

814108 TU Awe

$29.10

$547.08

615/0B Tubi AMv4 stria

$586.50

6f910a1w,Anre

$le.i1

$50167

619/98 AYC

659P5

$622.82

6/10/00 Tun Atm

$S14

$014.95

6/11108114Awo

$5,40

5678.46

6/12/09 TM&A9,n

34$.s

215.90

6/14n151wP4lm

All2m

$239.11

0/15108 Tbb,A&.tl

$14.0

$243.19

6118/08 Tw,M,n

$121

S261.80

6/17/06 TUb,AMv $1931

$281.21

8110/08 t t,AMV5

4$A0

$200.61

6118/06 TubtAk$

idf

$303.84

01

~

~20008 rt~MANa

1709 3110,4.4

6/231O8Te,Mxa

sfu

824.94

0/24/08 TIA. Awe e,ug

882.99

61241681\IAMp

16.11

952,70

W25/08 'JIM Ak,o

27.99

080.80

6/20N8 W, As+o

19.95

994.55

6/30/081WI A/n+

.rA

415.84

DDD044opnDooacD 1790

D

D tlrJ

DdOD

1 90 Days

9

0 Days

li

it

an a Due

O.

0.09

OO

415.04

416.

Pay

re s applied to Im robes an first infl ret out basis,

Exhibit E Page 23



7/59

J u .

.

012

:00PM

No. 1642

.

olondle s

or

6unnver

Two Country Mall, PO Box 4639

(

Sunrlver,

Oft

97707

(641) 593-1010

DaW

1.Moyd18

jTubsAftve

PO Box 2893

Sundver, OR 97701

Bop & Gonnle F star

ST T

_ -

A EMENN T

NET: 10 PA

Date

NV#

Dabils

Credits

9alan

c

4/30100 Tub, A1we $946.02

$345.92

611108

Tub, AEV. 6

5A

$361.17

612108

Tub*AWa

sa.65

$35702

813/081W,MYw $.oa

360,10

516/00

AftAavo

611.53.

$392.85

6161081MNwo

slse

8400,00

$15109 Tut, AKvo $22.91

$422.81

518108 TutsPM $52.x5

$455.16

519108 Tvb:APA

A5

$401.01

5110108 1\bvl4ko

91210

$473.11

6111108 TWp

.

Mvt

6lOb&

$

493.76

6112108 rtsAM $s6a

5499.61

5114108 ria,Mvo

112.50

$512.21

6414106 T.3.., awe 4015.3.2

5168.88

5111/08 TbbsAtn

slug

$170.94

6/17109 TubsaYM

$11.W

$100.89

6/18108TvA1At-

f1.0

$204.09

6119108 Tub1AFve

tae"

$251.72

5

/20/06 nb$A6ro

W24

$2.65.00

8/21/08 ti& Mn

$Iam

$276.20

5122108 TL%Arre

14.73.

$293.06

5/23/02

rbfEYo 611"1

$306.46

5124/08

rub,MLM 57.11

$313,61

8126/08

Tus.fYt

WAS

$361.26

5/27/08nau

Ahv

57.11

$388.41

5/28/08 nb$P6va

staeo

$335.01

5/28158 T.k+nfwe $61

$405.62

9/x9/09 'M; Alva $2141

$42082

6180/031 b.Aava

t eo

$431.53

5(30(08 TVbsAr'xa

s1#le

$446.29

5/81/08 ri16sNtn $t&7A

$488.55

0n

D

0000

DD000

00 d 00DOD

9Q Oay&D3

~

(9

80

Current

a

$0,00.

0.00

$635

$480.20 _

65,68

_

Payrnente applied to lnvelces on fist Inlnrat out basis.

-p 7

Exhibit E Page 24



8/59

u .

.

012

:00PM

No. 1642

.

Blandte'8 Of

Sunrlver

Two Country Mall, PO Sox 4838

Sunriver, OR 97747

(541) 8881079

Data:

0 Apr.08

Tuts Alive

PO Brno 3853

Sundvar, OR 87707

Bob

a

Con

nie Ftar

STATEMENT

NET: 10 DAYS

Dam

NV1F

Debits

MO

alance

8131108

Tub.

Arno 5%.?

$285.78

4/2108

TW, Awn W.G1

$320,30

413108

Tws

AKve

40.91

$347,21

414 05 1ubsAtv6

$1M8

$865.70

9I61087usAwn

371,04

418108

T,A.

Awo AA

$376.09

418108 ruwAwn

20,86

$896,74

4110/08 Tubs flee

5.17

$401.91

4111108TwsAAn 527.17

5429.08

4/11108

1ut16vo

285.79

143,29

4114108

7ws

Aw,

WWTh

$163.94

4116/09 tvbw

Arve

516,97

$179,91

41181081w.Arm

$Ala

$216.09

4/17/08 rub. Awn inns

$21,14

4118/08

TI66A8+e

Kau

$22A.49

4421/08 Tub, A&* SRt vc

$246,99

4122108 Two

Pme

7.15

$253.14

4/24108 rju.

e

aizeo

$266.74

4/25(08

TeSArrva

18,16

$261.99

4125708 TlAnA1 o

$9no

5291.29

41271061w,A*,e

18.90

$910.59

4/20/0eTubsM- $2k49

$9389.07

4/80108

I'M 46.76

5345,82

UDtl 00tl

UUD

U

tl DOD

UUl7

U

[

ii )s

0 Days

30 Days

J

uryttt

Balance due

i ib00 0.00

8

9.6

34582

_

Payments app

lledtoitwalcesonflrstlnlfiretavtbasis,

5

Exhibit E Page 25



9/59

u .

012 : 00PM

No. 1642

.

Blondle s ot5unrlver

Two Country

Mill

s

PQ Box 4939

Sunriver, OR 9770T

(041)6981919

Date:

1.Man08

Tubss AIWe

PP Sox 3633

Sunriver, O R67701

Bob & Gonnla Foster

STATEMENT

NET: 10 DAYS

Date

NN#

bob 119

redlts

Balance

2IZ91oeTsbs

AF.e 11m

la

3869.13

313108 to

nA3ve $14.45

$360.89

314108 Tub

-ma 4.09

$384.94

315/08 T,ns AWe kiss

$409.60

817108 YvbsAwo 1a95

5423,55

3110108Tub D(NS $2:65

$427,10

3111108

T

Am AW6

$1024

$448,36

3112/03 nss n

$12.10

$450,46

$112/08 Tuw

A$ve $$ 40

$483.6$

3/18/00

Ts&. A9+e $1970

S470.64

3/14108

Tlda AMve

seaez

$557.46

3115108

lb rva

$uus

$578.61

311 Tro61Wti

Aki

$1oSl

3564.18

3119108

t.M,ASvo

$8

$690.70

3118109

TubsAMva

$386,13

5224.57

9120108 TubaMT

f4.e9

5128.52

221/06 sAwe

56.06

5232.97

311A108

Tvwm"

14.05

1236.72

8/25108

TubiAtve 48.02

5245.54

3127108 Tub.ADm

was

5258.69

128/05 Tut,A1No

$259.64

3/30/08T4'

AS

8131106 T6.A1we

51aio

;e,2G

3279.64

0295,79

.'

I3DODDDD

Pp

coon 0

DOpD

D

p

9ODy.

I

SbDy

t au nays

Cu Bal9bee Due

aym

ows

.00

r.s

Irmat

.79

.79 /

pplied to Involc9s

onflict

out basis.

I

Exhibit E Page 26



10/59

Jul.

. 012

:00PM

No.1642

.

0

Blondie'e

of

sunrlver

Two Country Mall, PO Box 4089

8unrlver, OR 87707

(841)893-10/B

Hate:

9-Feb-OS

Tuba Alive

PD Box 3835

Sunriver, OR 87707

Bob & Connie Foster

STATEME

NT

NET: 10 DAYS

W e

NV#

Debits

redlrs

aIanoc

1131/08 Tuba Auve

$askew

$607.86

211(08 Tube

J

xsas

$711.21

212100

Tub, AIM+

$1b.o5

$724.26

213108

Tvb,Aliv

2245

$746.71

214/08 T nAWs

$17,4$

$704.17

214108

Tube Aam

$10.75

$774.92

25(081ve.ave 445

$778.97

2/7108 Tbb$Pk $102 D

$785.17

219/08 Tasfwo $0A$

$601.65

2/11108

TvbsANry

$labo

$812,45

2111108 Tube

Arnn

$507,08

5124.59

2(12w

Tubs g o $10.80

$184.88

2118106 jr.,, $ash

$140.24

2114108 TVAArwo $60?

$147.21

2115(08 Tvh,A1Na $1250

$109.71

2/10/081bsAhw

$$7.40

$197-01

2/17(08 Tvbeanw

$2v.85

$217,66

2118105Twtgw4

$17.4$

0285,12

2119105 TA+Akre

$1&70

1258,80

212W0 7W11A1Nn s11.oa

$264.00

7120108 Taw AN@

se.

0$

$273.85

r110aTub A6+.

$5.62

$280.37

2122(00 Tv6,M,4

$15.08

$295.40

2126100

Tb, Abva

I4Ab

5309.80

2128/087Wt PING

ab.M

$933,36

2/27/08 TubeAF.e

$1147

$344.85

2(29/08 T b,

Ar,n

fl

n8

$352.90

2120/00 Tiff Mm

$18.t2

on urn inmrwl

out Dasib.

Exhibit E Page 27



11/59

u .

: 01 PM

No. 1642

.

1

Blondle`s of Suntiver

Two Goont y Mall, PD Box 4939

Sunriver, OR 97707

(041) 698-0019

Date:

1-Jan-OS

Ti b3 Alive

PO Bvx 3899

Sunriver, OR 97707

Bob & Connie Foster STATCMENT

NET: 10 DAYS

Date

NV#

Debits

Crediits

alance

f

2/81/07

Tubs AMo

$M.45

$975.45

1/1/08 Tu,.AWe

M49

$328.94

i/108'nerrm.

$1&6o

$412.44

1/3108

TubSAmn

Who

$439.93

114(00 Tub,Atw $19.68

$455.69

1/6/98 rub, PM

$18.67

$497.28

1/7108

7 t a

.

rasa

$496.58

117/061Y1ba Mn

$1990

$515,68

118/081w.ANia

$76.59

$595.84

1/9)08 1LniAWu

17.01

$612,6

5

1/101tl81ubsASV0

$9129

$647.14

1/11/08

7b,aMve

2488

5071.80

1/12100 nkIAavn

$esa7

$711.17

1/14/00 Nx

fl.s $1921

$726.38

1/15/00 TwiAWo

19.0

736.38

1/16108 7ub.AWo $28.91

$762.29

1116109'Nb,A"

$878.45 968.84

1/17/08 Tubs

Alva $61

$412.35

1/20/03 11msAPre 4789

$419.56

1/27108

TLbtmo

0.10

$427.65

123108 t thtMv.

$ns9

$450.60

1128/08 Tubs*e

$1oz5a

$653.19

126108

T41ANn

44.96

$555.14

1120108 tt*.Alw $6.0

$669.76

129/06 MM.

3562,43

1/30109

TuAg"

$20M s09&e

1/31108

nb.AWo

$7e07

/6687.69

$0

U.W

1U,4>e

, ar

Paymelrta applle to Invoices en Orel IrJfi19t nut bas

~ Z~

Exhibit E Page 28



12/59

Jul.

.

012

:01 PM

No. 1642

.

2

B4nndtel9 of Sunutver

Two

Counily

M80

,

PO Box 4889

Sunjtvet OR silo?

(A41) 598-0oia

Date

1 -Deo-07

1\162

PO Bmc9893

Isu

miner, OR 97707

t

gg?& nn

-NET:10 DAY$

tNY#

f>O

W

11130101 1 m M..

,ea2s

$888.80

12M4m7 TM awn

suss

$408.41

12151071t+h+aow 417A9

$420.87

1210107 TA.arrm

$aB.ao.

$464.17

12/8(07 Tn. AF,

sso

5456.07

12110107

1ebhM $ .x1

$47&27

12111/07

TAMAa.

$11.4?

S459,64

121121W'

11MAPn

s17

..

$607.07

12113/07 TaaPty.

n e.1a

$590.83

12114107m Ph.

' $

$141.95

1211N07 TA. Ake

$7.0?

$149.82

12H7m7T1anfv.

$a$

3170.02

1241

N07

'TUts rvrr.

$1O.

$110 ;10

12020107

Tbua.

. 128.98 _

$

205

.4

9

12121N07

TWOAPA t ine

5?A4.09

12113107

T4.Ae+.

S9ao

3283.89

12r2AI07 T nApm

fats

$279.04

12/2 /07Tb.Am

Sw

$'2&4.06

12I20f07T&wf&%

W -

3200.79

1f'7@7TkeNM

48.%

$297.40

17/28 07 n**nw f>'1la

3818.76

121d&f07 T6aaew

Ows

$940.92

12MOM T Om

Sags

6958 7

lW$1 /

07'Tw.au

. $MID

5375A6..

~

pgptl

tl tlgD

DtltlCptl

an 1

Dan's

86

0

0

S

Peyawft applied

or 0ret MW aut

I~

Exhibit E Page 29

Petitioner

'

s Response


13/59

u .

012

: 01 PM

No. 1642

.

3

BtondWs of SUnriver

Two County Mall, PO Box 4039

SunrYer, OR

mm

(841)698-1019

Tubs Alive

PO Box 3899

Sun river, OR 97707

Bob

&

Connie Foster

STA1 (?MENT

NET: 18 PAYS

U 158

NV

eblts

redits

alance

_.

10183107 n&.

Mm

$non

$345.26

11/7107

Tw.AWv

$tam

$3'38.26

11/307 T.ib.M

$7264

$980.80

111SW

T Aaa

1w,os

$411.40

11/&07 Tub, AR"

t1I $426

-74

111807 TltjMw

$448.02

111707 TIM

A>Ive

4G.8E

$453.64

1116/07

na.ASv,

$a

71

$46136

1419)07

7th

W.1s

$503.40

11/s07T%60Awe

$es.ts

48295

11/13/07 PbiMis $170

$489,68

11/10/07 na.

Atwa

945.29

154.37

11/1awTv"PM

440m

$708.37

11114/07 TIMMY

$zt.ee

$22503

11/10/07 nn.Awo

$t99

$237.75

11/1607 T.MPM

Sines

$260,38

11/19107'811 Ne

481./4

$207.62

11/20(01lljt. vn

$295.14

11r2D07 Tebt Alva

$law

$31244

110A07 T Ak%

Mes

$93q.00

11 ,29/07 Tt6.nn

Mm

$945.76

11x27)07

iimnb

$12-99

$881.71

11129107'MnMm

$14x0

$378.51

118007 Tubs A1ir.

sitar

388.88

ngIngnubDb000p0000000U00000flDOclOOflfl0000flOD

r9t

I

te

3

3

383.88

pllodm r1Y eontIhStb1frrSle14

S . \4

Exhibit E Page 30



14/59

u .

012

: 01 PM

No. 1642

.

4

Blond We of Sunrtver

Iwo

Cuupgy

Ma%

PO Fox 4039

Survive, OR 87707

(541)4'93-1919

Date' 1.0ct-07

Tubb

Alive

PO Box 2038

Bunlivet, OR 97707

64h &

e Foal_

BTA

N51. iO DA

Pete

IRI i~V

ebit$

reditsB

~

ancn

9/20107 ThBI Mn

49.76

,856476

1011107

T+>b.Aere

$13.00

$581.16

1012107

Tube Ain

$19.b3

$800.78

10 4/07 Tmb.A3n at H

$611.49

10/5107 Yuen ASve $1O.$

$027.64

1018107 Tub6Adve ftaet

5642,15

10)9/07TuwAtve

lu.e1

$689.69

1 019107

Tubs AS..

$19.76

$689.44

10/11/07 Tuw Atvo

3&Ts

5698.18

10/13107 7LwmM

$13$

$7w.42

10115107 7tfieAb+e $0mee

$740.24

10116/Q1 mt A*

$ssa

5745.80

101171071w n.e

$2035

$/76.38

1029/07 Yuba ARm 10M

$76374

10/7.4107

1usAie

$17.O

$810,79

10(25/077w.AVn

$51.65

$83588

10129/07'M1A.tw. 6tee:f .

283.73

1a/281071w,P&J

,

ite.7e

5174.48

TO/t7/07 T4aAw.

(1199

$286.38

10(23107 I14,

AI.'

1117.E

6303.59

i0tte/07 TW,AEW

4+dd3

5318,02

10/9N07 Tub, ADM

$23.34

$ 45, 20

P

armni(nTOWN091

VIld

D O

l 0p

00

Xl

Bain

00 20

o

iMwt out hea S,

Exhibit E Page 31



15/59

u .

012

:02PM

No.1642

Biondle's of $unrlvcr

j

Two County Mall, PO Box 4639

Sunriver. OR 97707

(541) 693-1

o19

Date:

0-$ep07

7

V"Allva

99

R 97707

nie Foster

STATE

MENT

NEF 10 DAYS

Date

NV

#

Debits

Credits

ealanna

8131107

Tib4 Abbe

1 2.71

$132-71

9/1/07 TubsAW.

$1694

$152.01

912107

ToeAwa

$4.c0

$156.51

9/3/07

Tub.A$vo $60,60

$207.09

9161071WsAn+a

$25m

$231.03

9/8/07

Tin PM

$19,48

$250.51

9/9/07 Ttth Alive 16.99

$265.81

9110107 Tubs

AWO $99.94

$309.35

9/11/07 TubsAwe

47ARI

$328,513

0/13107 ,

reb.Awo

$84.49

$360.98

9/14107 'rubs Arov

$16.03

$577.31

9114107 Tub.*

$124s

$369.80

9/17/071WsA4re

s17 m

$406.87

w18/o7 vab Awe

$12,55

$419.42

9/19/07 Tubscwo

$19.93

$435-35

9/10/01 T b+Altve

$1240

$448-31

0/20107 TkolAvvo

$21112

$469.73

9/20/07 T,esAwe

35os

$477.78

9/21/07

T,&&AAVG

340,86

$521.34

8/24/07

TWnA11ve

9

112

$65536

9/24/07

Tuba M

47.15

$602.01

9/25107 Tk1 AAw

$19,41

5578.32

9/25/07

rime Awe

$19271

$443-01

9126/07 Tub.Aom

41511

$458,82

9/27/97

T,69Aim

$1es$1

$588.76

El 00 tltltl

D D00000

IO

00CTh n

tltl

tltl

60 D

0 Aa

80 D

t7 rrerlt

Batanx Due

a.00

nn

$a,

$588,7

76

\D1

Paymerds applied to invoices on first In/fir5t

out basis.

i

v

Exhibit E Page 32



16/59

u

No. 1642

.

6

Sn>

ivet; Police Dept' xit

110i

.

t 14a.).Yox4At6

nrissi4

OIC9774r

t4l)-39iIO14e(54 931B7ofax.'

ry1t )iorh' Zl hhy Concaq: .

Op lvlaith 12'a 11668 at approXilitiely 1500 lioury T ivas in my parsoiiaf vghlcle on r$y

Way i p to a physiq ~

l tIiw tpy apoinh ient elates lwxaven ks:Rilncss Center, {1sj'Was.: :

Walking in ti

t1Ja

huildink,l hoa?d'a

~

dlesel pickpp rev tt cepgme.beJtirtd

me

1

Vlteij l

m

;

fued trollhd, I;stw

a full size.w

~

ijp Fo[Q u FYduly p cIc p invilrplowatd mc;

)'ininodiately T'reacjgnizhd the'dnver ag Bi.F.gsi .duc.to.pi'evlltus coptticI Ae I walked

.: h11

he huldm

gs$o651gvGt1 d

11 v

.i.:

as hm

15[

aa7rier

Poster epnriduc 'eayslgwly around

the pgrktng lot. then 'drive pul-and:onto Co toitwood

Road

bururg nij .appo tnient I asked the frohl dcsl,. git1 if she had seen anyone around m

truck since l had come iplo thebuildhig Slie [old me site had not. seen

,anyone arothid fl

Prier lo thistincjdent, Iliad Sn.Poscmany Iirhes Ivlule driviagp y_NErsoriat vehicles;

and li'eneyel to)foW

~d or

cWc>t; madd ciepotkjI4tfrn

1e

Fpt the past eat or sg TL

~

we

seen Fosler'dtive.Jus.ttuck around the Stjulv ~

r;Cwner s Assocaailok and r.oliccnuitd1ng ,

t

matey

tuuga flgnh& the

pas14ew nOl thst tins hasie'

~ trghe3

-

-

Exhibit 4

C

EXHIBIT

Exhibit E Page 33



17/59

JuH

012

:03PM

No. 1642

.

7

'Suntivcr Police

Department

Post Offia %x4788'- Sunriv2r, OR 97107

,.

(541)'593,1014 (541) 593=187O

fa

To Whom

It.Ithy

ConcernC

on

Ivjarch 11t

, 2005, at approgitdatcly 1230 hpurs, I'was Workht as a Po licc.Officer

for

the'Sutuivcr Police ISepartute4t,opelaling a markedpahol vdhicle, apd x4earing a

:uniform with badge prgmmep(ly displayed. As I was leaving

the

parking

lot

of )3)ondic'a

Pizza (57195 Iv4all Drive pA,),after getting my lunch

;

I saw

Sob Poster standing on the

front porch

ofthe

restaurant looking

at me.. While l \Vas.backing eta,

'I

had my drt*r's

side window

down

and

heard Foster yelling

at nre.

I was unable to

hear

exactly

what..

Foster yelled'at nit

except

the word"you." I believe Fbstgr.yelled "I'in watching You."

There were

two Suariver

Ownet's Association Employee's next to their vehicles that

were parked near aunt that heard Foster yelling at ni I did not respond to roster's

yelling and drove out of the parkinglot.

Foster's behaviorr is

not

siupri inp, as

hels constantly seen following etficer's of tile ,,.' .

$unr ver'Pofiae

l7epartmenj

. while on their doily

patrols: Oq several diffeienfoccasions, I

haverobseryed Foster pnrk'his

pickup down

the road from traffic stops I have coiiducted

and

watch me.

(l .crseyuhes...

:

Exhibit 5

c::.

e1lHIHlr

Exhibit E Page 34



18/59

u

No. 1642

.

8

On July 6, 2007

,

at approximately 1509 hours

,

I was wotking as a patrol officer for the Sunriver Police

Department

,

operating a marked patrol vehicle

,

and wearing a uniform with badge prominently displayed.

As I entered Iha roundabout at Soot Century Drive and Abbot Drive, I observed a while regular cab Pord

Superduty pickup behind me

I recognized the driver as Bob Poster

,

as have had numerous ineklents

Involving him

.

Mr. Poster was following my pa trol vehicle at on unsafe distance until I exited onto Abbot

Drive

.

As I continued down the hill Into Sunriver

,

Poster backed off but continued following me when I

Inured northbound onto Beaver Drive. .. - ~

As I was approaching North Ponderosa Road, I observed a vehicle approaching me at 40mph

(

25 zone.) I

fumed my patrol Vehicle around and conducted a traffic stop on the speeding vehicle near Theater Drive on

Beaver Drive

. While I was contacting the driver, I noticed that Poster had turned his pickup around, and

Was now stopped behind my patrol vehicle

Poster pulled around the traffic stop and stopped in approximately five car links away from the contact

vehicle

,

in the southbonod lane of Beaver Drive

.

Poster waited in this position for a Ice moments, than

continued south on Beaver Drive

Poster turned right onto Picemoct Drive

,

turned his pickup atound,.then

parked in a map kiosk approximately five car lengths away and facing me.

Due to the lengthy history with Poster

I requested Sergeant Pamode respond to my location to assist with

the dorarton of to traffic stop. Poster remained pasted in the same area even after the conclusion of the

traffic slop.

End of Report.

/


19/59

u

01

No.1642

.

9

buNRIVER POLICE DEPARTMENT

P 0 Box 4788 Sunriver OR 97707

Phone: (541) 593-1014 Fax: (541) 593-1870

OFF NS REPORT

Case: 06-02-800B4

Page;

of 1

09:46:49 23 MAR 2006

Report Type; INFO Informational

Status: Suspended/Closed No 1JCR Shift, G Grid, SR

gency: SRP

Approved: A11: Y

ace: Y

etail: Y

Distribution,

SRP

Reported Date/Time: 03/20/2006 18:33

Occurred Date/Time: 03/20/2006 18:33 tO 03/20/2006 18:55

Desce INFO

ONLY

Location of Offense: 57100 MALL DR }(1A SUNRIVER OR 97707

Names, Person types, and Information,

HUGHES, OFCR ]CASEY SAMUEL (559342)

FFICER / DEPUTY / TROOPER /

POLICEMAN (OFCR)

FOSTER, ROBERT BENJAMIN (96107)

ENTIONED PERSON (MENT)

ddress:

BEND OR 97707

PATNODE, SOT JOSEPH CHARLES (321476)

SSISTING OFFICER / DEPUTY /

POLICEMAN (ASST)

Report entered by;

MM

9:45 03/23/06 153

H

2;40 03/22106 173

MMI 09:45 03/23106 153

AS 22:39 03/22/06 173

Approvals: Face: MK; Detail: MK;

DUII ;N NVA N Cites N

Exhibit 8 Page 1

UI

Exhibit E Page 36



20/59

u

i

u i

uyry

No. 1642

.

0

page l

f

z

Exhibit 8 Page 2

sunriver Police Department

Detail Page

caseff 06-02-80004

[ ] SRP

Reported pate/Time: 03/20/2006 18:33

Occurred Date/Time: 03/20/2006 10:33 to 03/20/2006 10:55

Reporting Officer:

OGNES,XASEY SAMUEL DPSSTff

40209

Report bye Officer Kasey Hughes

Dated: Match 20, 2006

NARRATIVE

On March 20, 2006, at approximately 1815 hours, I was working as a Police

Officer for the Sunriver Service District, operating a marked patrol vehicle,

and wearing a uniform with badge prominently displayed, I observed a green

Dodge pickup traveling westbound on Abbot Drive, with the headlights on, but no

operating taillights.

I followed the green pickup into the Sunriver Country Store parking lot and

pulled up to the driver door. I notified the driver, the taillights on his

pickup were not on, and he told me thank you as he turned his lights on,

noticing that the daytime running lights were only on.

As I was speaking with the driver, I noticed Robert Foster stopping his white

ford pickup two spaces to the west of the green Dodge, l heard Mr. Foster Say

omething as he was leaning out of his truck window. I asked Mr. Foster if he

needed anything, and he began yelling. I was unable to hear what he was saying,

so I asked him again if he needed something from me and he replied what do you

want?

After I completed my contact, I left the parking lot, pulling southbound on

Beaver Drive. As I pulled my patrol vehicle onto Beaver Drive, l noticed Mr.

Foster's vehicle quickly pull in behind me. As Mr. Foster continued to follow

me, I notified Sergeant Patnode on the radio that he was following my patrol

car, As I pulled onto Abbot Drive, I lost site of Mr. Foster's vehicle.

I returned to the parking lot at 1832 hours and met with Sergeant Patnode.

After explaining the incident to Sergeant Patnode, we both started to exit the

parking lot. As I was waiting for sergeant Patnode to enter Beaver Drive, I

observed Mr. Foster pulling his truck into the parking lot, Sergeant Patnode

turned around and contacted Mr. Foster who parked his vehicle near the front

entrance of the Sunriver Country store at 1033 hours.

I walked up to Mr. Foster's driver's side door and listened as Sergeant Patnode

spoke with him, Sergeant Patnode advised me, he smelled alcohol Coming from Mr

Foster's vehicle and asked him if he would consent to some voluntary

standardized field sobriety tests. Mr. Foster consented to the tests and'as he

was stepping out of the vehicle, I noticed a strong odor of an alcoholic

beverage coming from his person. i also noticed Mr. Foster's eyes were blood

shot and watery.

conducted two separate standardized field sobriety tests on Mr. Foster, first

printed: 09:46:49 23 MAR 2006

y: SRP

Exhibit E Page 37



21/59

Jul.

.

012 :04PM

No.1642

.

1

Page 2

f 2

Sunriver

Police Department

Detail Page

Casef 06-02-80006

the Horizontal

Gate

Nystagmus Observation and the second being the walk and

turn, Mr. Foster had great difficulty following the instructions to both testa.

I observed a lack of smooth pursuit in both eyes on both passes, and nystagmus

at maximum deviation in both eyes on both passes, but this was not sustained.

I observed three clues in the walk and turn test, the first being, he started

the test without being instructed to do so. The second clue I observed was he

lifted his arms on steps six and seven on the first nine steps and also on the

fourth and fifth on the second nine steps. The third clue was Mr. Paster turned

the wrong way and stopped when he was turned back around. At the conclusion of

the standardized field sobriety testa, I determined that Mr. Foster was not

impaired to a perceptible degree.

I advised Mr. Faster the definition of Interfering with a Police officer defined

by Oregon Law. I told Mr. Poster if he interfered with my lawful duty as an

officer or any other Officer within the gunriver Police Department while they

are conducting their lawful duty and I was present I would arrest him and take

him to jail.

I advised Mr. Foster the definition of Disorderly Conduct defined by Oregon

Lew.1

Y told him that if he'stopped in the middle of the roadway while an Officer of

the Sunriver Police Department was an a traffic stop and stopped the regular

flow of traffic after being told to leave, he would be arrested. Mr. Foster

told me he understood what I had just explained to him.

Mr. Foster told me he wasa ^confrontational person by nature, and admitted the

reason he had began yelling at me in the parking lot, was due to him being upset

with me regarding a prior incident that occurred in the business park. I

explained that his behavior during the incident he was referring to, was a

perfect ekample of interfering with my lawful duty as an officer and he should

have gone to jail. I asked Mr. Poster if he understood what I had just told

him, he said yes and I cleared,

)End of Report.

Exhibit 8 Page 3

Printed: 09:46,49 23 MAR 2006 yl SRI'

Exhibit E Page 38



22/59

u

012 :04PM

No. 1642

.

2

Patnode

May 21, Zulu

3

EXAMINATION INDEX

2 Page

3

xamination by Mr. Wesson

4

4

B

g

EXHIBIT INDEX

7

o

Item

Page

8

A

Letter to Chief Kennedy From

9

Sergeant Patnode, 2-20-10

0

10

-B

Drawing by Joseph Patnode

45

11

-A Letter to Chief Kennedy from

12 Sergeant Patnode, 2-20-10

1

13

with photographs

5

14

Letter to Chief Kennedy from

16

Sergeant Patnode, 2.19-10

2

16

-A

United States Department of the

17

Interior Geological Survey Map

9

16

-B

Color map of Sunrlver, Oregon

2

19

-C Color photograph

9

20 -0

Color photograph

06

21

22

Originals and copies of exhibits delivered with

23 ranscripts.)

24

NOTE: Exhibits are not archived.

26 w

i *

IN THE clrcmr Etll FDA TIE STATE UY WIN

2

FUR THE colt( NF OR BEHUIES

S J09EFN PATETIT.

r.aUea.r.

S u.

IT.,, Na. IO2Y6621-R9

W1101 f, (0850R,

E

.e p, ,..t.

CASEY HYWHEN.

10

tltlmer.

11

i.

)[u. Se. IOaTe122.rs

I2 MINT 5. FOSTER, )

IS

L..f.M.nl.

)

14

Is

u

17

04s YIN eF 2 4FM1 e

IN ca encln2 .T Mal a.. to Prl d.y, N,Y 21. 2010..1

I, atreat, levee.. JTn1e. PC. TEl 5N 11101 VI.. vav,

20 ... a ...A. 1.2.,. Li A 1. ARGON. RF R, c0A 15s-5911.

21

IT

22

24

25

2

4

1 APPEARANCES OF COUN'sPI

1

JOGN ~

ATNODF ,

2 2 called as a witness on behalf of the Respondent,

g

For Petitioners:

3

being first duly sworn to tell the truth,

ROBERT E. FRANZ, JR., ESQ. 4

the whole truth and nothing but the truth,

4

HANNAH MEISEN-VEHRS, ESQ.

5

was examined and testified as follows:

730 0 Street

s

P.O. Box 62

6

EXAMINATION

Springfield, Oregon 97477

7

BY MR. WESSON;

a

Q, Please state your name and spell It for the

7

For Respondent:

9

court reporter.

0

FRANK S. WESSON, ESQ,

16

A. My name Is Joseph Charles Pathoda,

Wesson, Carlson & Swanlund

II

3-o-a-a-p-h, Charles, C-h-a-r-Ie-s. Patnode,

s

9115 SW Oleson Road

12

p-a-t-n-o-d-e,

10

Suite 203

Portland, Oregon 97223

13

Q, Today we're taking your deposition which Is the

14

testimony of a witness taken under oath or upon verbal

11

16

questions, not In open court but pursuant to the

12

Also Present;

obert Foster

16

general law of subjects pertaining to discovery and

73

17

duly authenticated and Intended to be used upon the

14

16

10

trial of an action In court.

111

19

I'm going to ask you a series of questions

17

18 20

regarding a stalking order you filed against

19

21

Mr. Foster.

26

21

22

Do you understand this?

22

23

A. Yes, I do,

23

24

Q. if at any time you don't understand one of my

24

26

26

questions, please say so and I will repeat It or

CASCADE COUR T REPORTERS, INC. (541) 385-5664

Page Ito 4 of 97

Exhibit F Page 1



23/59

u .

.

012

: 05PM

No. 1642

.

3

tatnone

5

I

rephrase it until you do understand the question.

d

2

Do you understand this rule?

2

3

A. I do, 3

4

Q, If at any time you don't hear one of m y

4

a

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

a

9

that you do hear It.

9

7

Do you understand that? 7

9 A.

Yes, a

9 Q. All of your answers must be verbal since the

0

10

court reporter cannot take down nonverbal cues such as 10

II

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

11

12

Do you understand that all of

your responses

12

13 must be stated In words?

13

14

A, Yes.

14

16

Q. You must speak clearly and distinctly.

16

16

Do you understand that?

16

17

A. Ida,

17

18 Q. If you do not know the answer to a ques tion,

18

19

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

19

20

guess or to speculate as to responses.

20

21 Do you understand that?

21

22 A, Ido. 22

23

Q. Please make sure your answers are clear for the

23

24

record so that the court reporter can accurately

24

25

transcribe each of the words you state. 26

6

1

Do you understand that? 1

2

A. I do.

2

a

Q. Please wait until I finish each of my questlons 3

4

before answering, and I will Walt until you finish each

4

O of your answers before I a sk another question, and this

6

0

way the court reporter keeps a dear record without

6

7 Interruption.

7

a


6

0

A. I do.

9

10

Q. We will take a break about every hour to give

10

11

the court reporter and all of us a chance to refresh 11

12

ourselves. If you need a break prior to that time,

12

13 please request one and we'll take one.

13

14 Do you understand that? 14

is

A. I do.

15

10 Q, You understand that the deposition will be

16

11

transcribed by the court reporter and tha t everything 17

16

said here today will be recorded.

In

10


19

20

A, Ido,

20

21

Q, You understand that at the trial all the 21

22

testimony given here today will be available In written

22

23 form, and If I ask you a question at trial that I ask

23

24

you today, you may be asked to explain or otherwise

24

26

account for any difference In your answers that may 25

:ASCADE COUNT REPORTERS. INC. (5411 385-5664

may ta

r

Lulu

7

occur.


A. Ido,

Q, You understand that

your testimony today Is

being given under oath

es

If you were In a court of

law. You've been sworn to tell the truth, and If you

fall to do so, adverse consequences could result.


A. Ido.

Q. You understand each and every one of these

rules as I've stated them?

A. Yee.

Q, You understand that these rules assure that If

I ask a question and you give an answer to that

question, it will be assumed thatyou understood the

question as posed and your answer Is Intended to be

responsive as rendered.


A. I do,

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

as marijuana or prescription drugs, which may affect

your responses today?

A. I am not.

Q. Do you have any physical Impairment that may

affect y

o

ur responses today?

a

A. No.

Q. Is there anything that's occurred that might

affect your responses today, for example, lack of

sleep?

A. No,

Q. You didn't word a 12-hour shift yesterday?

A. Are you asking me how many hours

I

worked

yesterday?

Q. No, I asked you did you -- I said you did not

work a 12-hour shift yesterday, yes or no?

A. Would you like to rephrase the question? I

don't understand It,

Q. So how many hours did you work yesterday?

A. I worked a 13-and-a-half-hour shift,

Q. From when to when?

A. From exactly 9100 to 8:20 -- so It was

and then I believe I clocked out,

Q. All right. So are you tired today?

A. I am not,

Q. So you're fresh?

A. X em rested,

Q. Very good. Good answer.

I want you to tell me about your -- you're in

uniform today, correct?

A. Yes, sir.

Page 5 to

e

Exhibit F Page 2



24/59

u

.

No. 1642

.

4

Joseph

Patnoae

may

41, Zulu

9

11

1

Q, And what do you have around your belt there,

1

A. Today? For the case?

2

from

your

right hip to your left hip? Stand up and let

2

Q. Yeah.

3

me look,

3

A. For the case, did I look at anything else. 1

4

MR, FRANZ:

Yeah,

Just go ahead.

4

briefly skimmed over the-- the amendment page with the

6

THE WITNESS: Well, this is my duty gear. This

6

petition that Was pled.

6

Is my duty belt, I wear it every time I perform my

6

Q. Okay. Who have you spoken to about this case

7

duties as a police officer.

7

other than with Mr. Franz or Hannah? Have you spoken

8 BY MR. WESSON:

g with Robert?

9 Q. And your right hip you have --

9

A. Could you c larify for me? Today or like since

10

A. My right hip is my du ty llresrm, air, Inside

10

the thing--

II

Its holster.

11

Q. Prior to today, have you spoken With anyone

12 Q, Smith

& Wasson?

12

about this case other than the two attorneys?

13

A.

No, sir, It's not.

13 A.

Yes.

14

Q. Oh, damn.

14 Q. Who?

16 MR, FRANZ: You

know,

With the last name 16

A. I have spoken with Chief Kennedy, and I have

15

Wasson, do you have some stock Interest In this thing? 16

spoken with Officer Hughes. I have spoken With the

17 MR. WESSON: I realty wish I did. Maybe 1

17

other Officer Hughes.

16

wouldn't have to sit here. Anyway

18 Q. okay.

19 MR. FRANZ: I don't think Smith

&

Wesson -- 19

A. I have spoken with a whole list of people,

20

does Smith

& Wesson make a police officer firearm?

20

slightly officer Gage,

little bit Officer Moore, also

21

THE WITNESS: They do. 21

1 believe officer Hoyser (phonetic). We're trying to

22

MR. FRANZ: Oh, okay,

22

0o through all the-. believe a little bit with

23

BY MR. WESSON:

23

Office Manager Miller or

yeah, Miller. No.

24

Q. So what brand is that?

24

Q. What's Miller's first name?

28 A. This 1s a clock model 20 -- excuse me, Clock

26

A, No, hold on, let me see If I get It right. No,

10 12

1

model 35. 1

she's not Miller anymore. NOW she's Dean, Office

2

Q. How many bullets can It carry?

2

Manager Dean.

3

A. The magazine holds IS rounds, sir, and one goes

3

Q. First name?

4 Inside the chamber,

4

A. That would he Michelle,

5

Q. All right- And then you have a two magaz ine

6

Q. Okay. Anyone else?

6 ammunition pooch on your bell, right?

5 A.

'm trying to think of --

7 A. Yes, sir.

7

Q. Have you talked to bill Peek?

0

Q. And you come around, you have your cuffs?

6

A. Slight "yes, but not really, I mean he W ag

9 A. Yes, sir.

9

deposed, We talked to him earlier and -- but I haven't

10

Q. And then a Toser?

10

asked him any direct questions about ilia case, so when

II

A. Yes, sir.

11

you said have yo u spoke to him abo ut It, I'm IIRe I was

12

Q, And than on your --

12

In the room, but I haven't asked him any questions

13

A. This is Just an OC patch or caso, an d this Is 13

about It that I can remember.

14

my radio case, Back here Is Where I keep my gloves for 14

Q. Okay. I want to talk about Bill Peck. You say

15

universal precautions, and this is o holder far a

15

'deposed.-

You mean a deposition Ike this?

16

Rashllpht.

16

A. Actually, no, he was just Interviewed. I

17

Q. Okay, All right. Thank you

17 mlespoke.

16

A. Sure.

16 Q. Who was he

interviewed by?

19

Q. Is that your dressyMen you're on duty?

19

MR. FRANZI That's attorney'dlenh

20

A.

You, sir,

20

THE WITNESS: Okay.

21

Q. All right. What did you look at or read today

21

MR. FRANZ: Well, It Involved attorneys, right?

22

Co prepare (sr this depositon?

22

THE WITNESS; Yeah, absolutely.

23

A. Today, this morning, I briefly skimmed back

23

BY MR. WESSON:

24

over the exhibits that were flied, 24

Q. And these two attorneys that are here today?

25 Q. Anything else you looked at?

26

A. No, M r.-.

rAsrarsr CTLIRT REP(1RTFR5_ INC. (5411

3R5-5664

Paae 9 to 12 of 97

Exhibit F Page 3



25/59

u .

012 : 05PM

No. 1642

.

5

Josenh Patnode

May 21, 2010

13

16

1

MR. FRANZ- Hannah.

4 THE WHNE55: I cent remember.

2

BY MR. WESSON;

2

145, MEI5ENVEHRS: Josh Newton.

3 Q, Oh, Hannah was Involved. Anyone else?

3 MR. WESSON: Okay. All right,

4

A, I was present.

4

And he's the Sunrlver Owners Association

6

Q. okay. 6

attorney; is that correct?

6

A. And there was another attorney present, and' 6 145. MEISEN-VEHRS; Yes.

7

can't remember his name, and then (hone was Hugh False

7 MR. WESSON: Okay.

0

and --

8

BY MR. WESSON:

9 Q. Who is Hugh Palcc?

It

Q. All right. Do you remember the date of that

10

A. Hugh Palcic works for SROA.

10

meeting?

II

Q. I'm sorry?

11

A. I

dent.

12

A. Sunrlver Owne rs Association, air,

12 Q. What Is your

ah, have you ever been

13

0. Okay. Why was he there?

13

confided

of

a crime?

14 A. He was also asking-- we were asking--or

14

A. No, air,

16

Hannah was asking questlona. 16

0. Okay, what Is your birth date?

16

Q. Okay. When did this meeting take place?

16 MR. FRANZ: Go ahead.

17

A, I don't remember the exact date.

17

THE WITNESS: it's July the 2nd, 1969, sir.

18

Q. Well, was It prior (0 -- let's see, what date

18

BY MR. WESSON:

19 was the petition filed? Was it prior to March 15th? 19 Q. So you'll be 4010 July?

20

A.

This Interview?

20

A. No, air. Yam currently 40,

21 Q. The one we're talking about with Peck and

21 Q. Oh, sorry.

22

Palcic and'-

22

So why did the Sanrwer Homeowners (sic)

23 A. It wee Just -- we. it prior to?

23

As'-etlallon get Involved in these Stalking orders?

24 0.

Was It pa

-lee-

to March -- let's say April 1st? 24

A. Sir, respectfully, you'll have to ask them,

26

A.

karate It, no.

26

Q. Okay. D9 you know why?

14 16

1 0, It's been since April let?

1

A. I don't guest. You told me not to guts. I'm

2

A.

Yea.

2

not presupposing.

3 Q. Okay. ICs been since the petition for the

3

Q. Wall, it you don't know, you don't know.

4

stalking orders

were

Ned, correct?

4

A. I don't know.

5

A. Yes.

6

0, Okay. And if you do know, you'll tell me,

6

0. And I want to get this clear. Who Is Hugh

6

right?

7

Palds? You said Sunriver Owners Association, 7

A. Would you like to rephrase the question? I'm

B

A.

Yes,he'.current-- ho'F currently an employee

8

sorry.

9 for Sunrlver Owners Association.

9

Q. May was the Sunrlver Homeowners - SROA

10

Q. what does he do for them?

10

involved in this meeting?

11

A. You know, I don't know his exact title.

11

A. You'll have to ask them.

12

0. But I want to know who's present In this

12

Q. Do you know why they were Involved?

13

meeting. Hugh Palcic, you, Bill peck, Hannah

13 A. You know, I don't know exactly their reason why

14

MelsonVehrs. Any *then

14

and--

16

A. Yeah, There was legal counsel for Sunriver

16

MR FRANZ: Than Just say you don't know why.

16

Owners Association present.

16

THE WITNESS: Yeah, I don't know.

17

0.

And Who Is that?

17

MR. FRANZ: That's all he wants to know.

18

A. I

don't know the man's name,

18

THE WITNESS: I don't know.

19

a

Okay. 19

BY MR. WESSON:

20 MR. WESSON: Do you want to tell me?

20

0. have you ever gone by any other names?

21

MR. FRANZ; Well, I think it'; a-- It's a

21

A. No,

22 Joint attorney-client privilege.

22

Q. Where were you born?

23 MR. WESSON: But Just who-- what's his name

it 23

A. Coos pay--yeah, No, Coos Bay, O regon. I

24

all I want to know.

24

had to think about that for a m inute.

26

MR. FRANZ: What's his name?

25 0. And do you live In Deschutes County?

CASCADE COURT REPORTERS, INC. (541) 385-5664

Page 13 to 16 of 97

Exhibit F Page 4



26/59

u

.

012 :06PM

No. 1642

.

6

Joseph

Patnoda

May 21, 2010

17 19

1

A. I do.

1

Q. Well, If you ever go to Blonde's, as

2

Q. okay.

2 exhibit -- where did Exhibit 2 disappear to? You will

3

MR. FRANZ: You know, have you ever studied the

3

See that he eats there a lot. lost take a quick look

4 question-- go off the record.

4

at that.

6

(Discussion off the record.)

6

MR. FRANZ: Go ahead.

6

BY FIR. WESSON:

6 THE WITNESS: Okay.

7

Q. Are you marred?

7

MR. WESSON: lust skim through It. I'm not

a

A. Iam.

B

going to askyot any questions. I Just wanted you to

9 Q. And What's your wife's name?

9

see that's his tab (mm Blondle's. That stalls

10

MR. FRANZ: Well, we can't go there.

10 In Septemmber of'08 back to December ol'06. lust

II

THE WITNESS Yeah, I refuse.

11 thumb It. I mean those are...

12

MR. FRANZ: If you need It, I can give it to

12

MR. FRANZ; Off the record.

13

you, but not In the presence of --not In this

13

(Discussion off the record.)

14

situation.

14

BY MR. WESSON:

16 BY MR. WESSON:

I5

Q You've had an opportunity to look at Exhibit 2

16

Q. All right. When did you get m arried?

16

which Is Mr. Poster's tab at Blondle's. He's there

17

A.

It

would be September the relevance.

17

virtually every day, isn't he, according to this

18

MR. FRANZ: Well, I'm warned about -- I don't

18

document-- documents?

19

want him to be able to get a date and lockup marriage

19 A. Sure, I guess.

20

certificates and Rod out his wife's name. I have to

20

0.

Yeah. Yeah.

21

be cautious. We have a stalking order. If you need

21

Okay. That Would else mean he's In the

22

the Information, we can --

22

community of Sundver those days, right?

23

MR. WESSON: I'd Just like to know the date he

23

A. Yes.

24 got married

24

0. All right. Okay, to where did you finish high

25

MR. FRANZ: You just want him to not know it s0

26

school?

16

20

1

he gets In trouble with his wife.

1

A. Marshfield High Scheel. I'm a pirate.

2 THE WITNESS: Well, actually, I do know 1t, but 2

Q. I thought you were a law enforcement officer.

3

that's beside the point.

3

A.

Marshfield pirates, sly.

4

MR. WESSON: Well, then tell me.

4

MR. FRANZ: Ha knows. He's got that dry

5

MR. FRANZ: Let's not go them. If you really

6

southern humor, and he gets grumpy once In a while, so

6

need it, I'll give It to you outside the presence

of -

6

be ready.

7

BY MR. WESSON:

7

THE WITNESS: Yes, sir.

B

Q. Does your wife know Bob roster?

B

BY MR. WESSON

9

A.

She knows or him, but she does not know him, to

9

Q. what year did you finish?

10

my knowledge.

10

A. In 1987.

11

Q. Could she Identify him -- If we walked out the

11

Q. Do you have any education subsequent to

12

door, could she say 'That's Bob Foster Coming out the

12

finishing high school?

13

door'?

13

A. Yea, sir.

14

A, You know, A , I think you'd have to ask her,

14

Q. Md what Is that?

16

and, B, I doubt it.

16

A. I have a degree from Oregon state University.

16

Q. okay. Well, I trust you. "I doubt It' Okay.

16

Q. okay. And what's your degree In?

17

So would she even recognize him If she saw him

17

A.

A Bachelor of Science in speech communication

18

In the Sunnver community?

16 and broadcast media.

19

A. She did see him one time, and I don't knew.

10

Q. So you finished OSU in, w hat, '91?

20

There Was a time when the respondent In this ease came

20

A. I don't remember the exact date.

21

Into Biondle's while we were eating there, and 1

21

Q Or the year?

22

pointed--I pointed out to her. I said, "That's the --

22

A.

or

year, I don't. Sorry.

23

theta Mr. Foster. That's the person who followed 23

Q. So when you finished at OSU, what did you

24

us -- followed me home," So I don't know if she can --

24

let me back up.

26 If she'd remember It or not.

26

When did you first get Involved In law

CASCADE COURT REPORTERS, INC. (541) 385-5664

Page 17 to 20 of 97

Exhibit F Page 5



27/59

u

012 :06PM

No. 1642

.

7

21

1

enforcement?

1

2

A. November of, Ilke, 2000

'96, 1996,1

2

3 believe. Yo the best of my recollection.

3

4 Q. And who Was that with?

4

6

A. The Corvallis pollee Department, 6

6

Q. So whet did you do between roughly 1991 and

0

7 November o/'96?

7

0

A. I did lots of things actually.

I -- my -- the

9

9

first thing I started out actually going to .ohnol for 9

10

was hotel, restaurant end tourism management. I worked 10

11

for the Red Lion and then for several country clubs

It

12 Afterwards. I love golf, so the country club seemed to

12

13 bee very natural - natural thing, to I Was working at

13

14

country clubs, I was a food end beverage director at

14

16

Corvallis Country Club. Something to that effect. 15

16

Whatever

they want to c all It there.

16

17

And than after that I was a car salesman at

17

10 Randy lones Chevrolet In Corvallis, Oregon,

18

19

Q. Md then after working with Randy ones

19

20

Chevrolet, where did you go?

20

21

A. I was than hired with the Sunducr Police

21

22

Department.

22

23

Q. And did we establish that date? When Were you

23

24

hired by the Sunrtver Pollee Department?

24

25

A. May-- I believe It was May the 5th, 1998, air.

26

22

1

You'll have to double-check 11, but I believe that

1

2

Ihat's pretty -- pretty accurate. 2

3

Q. All right. Did you -- were you an employee of

3

4 the service district In Flay of '987

4

6

A. No,.lr. 6

6 Q. Who were you employed by?

6

7

A. Well, you've gat to rem ember that the service 7

9

district was created after 1999, 0

9

Q. I'm Ignorant. I'm Ignorant.

9

10

A. Yes, elf.

10

11

Q. 1 dent remember anything because I don't know. 11

12

So Who was your employer

on May 5th, 19911?

12

13

A. That would be the Sunrlver Police Department. 13

14

Q. And was that a part of the service district?

14

16 A. No, air.

16

16

Q. I used to be a property owner In 5onriver back

10

17

In the '905, and I don't remember there ever being a

17

18

police department. I remember there were hired

10

19 security people.

19

20

Did you work for one of those security agencies 20

21

or the contractor'?

21

22

A. No.

22

23 Q. Well, who did you work for?

23

24

A. I worked for the sunriver Pollee Department,

24

26

Q. But It Was not a part of the service district 25

-ASf.Af1F CfHIRT RPPr1RTFRS_ 9MC. 15411 3RS-6664

23

because

the service dlstdd didn't exist, correct?

A. That Is correct.

Q. So when did the Smilver Police Department come

Into being?

A. I don't know tile exact date.

Q. Well, when do you think It might have come Into

existence? You're smiling. I don't und erstand.

A. Well, that's because I don't know the exact

date. The thing -- It's very common for people to have

a misconception that the Sunrlver Police Department Is

a security agency or something like that.

Q. Well, we sure have that conception.

A. Yeah, and It's net,

Out you've get to remember that tits earlier

police department there was commissioned by the

Deschutes County Sheriff. Department. And so It

doesn't have anything to do with security guards or

anything like that,

Q. okay. That's news to me.

So you were on the payroll of the sunriver

Police Department which was an adjunct of the Deschutes

County Sheriffs Department?

A. No. I don't -- the sheriff did not sign ou r

paychecks.

Q. okay. Who signed

your paychecks?

24

A. I can't remember.

Q. Do you" what w as your job classification on

May 5th, 19"?

A. patrol officer, Patrolman. Patrol officer.

Q. And were

you a

patrol officer In Corvallis?

A. I was a reserve patrol officer In Corvallis,

Q. Md most law enforcement officers go through

the reserves step as sort of an entr4e to being

wmmissloned, right?

A. If you rephrase the qu estronr you usually go to

e reserve academy to become a reserve police officer,

and then later on, once you're hired full time, you go

to the Department of Public Safety Standards and

Training In whet used to be Monmouth -- that'. Where I

Went -- but now It's In - Just north of'- It would he

east of Salem, In Aumsvllle.

Q. I've been there.

A. Okay,

Q. So you have been certified by 02591?

A. I have,

Q. All tight. Md when were you certified?

A. I Can't remember.

Q. Well, It Was In roughly '96, don't you reckon?

A. Ireckon,

been disciplined for poor Job

Paae 21 to 24 of 97

Exhibit F Page 6



28/59

u

012

No. 1642

.

8

ramose

26

1

performance?

1

2 A. Not that I can recall.

2

3 Q. Did you ever discipline Mr. Hughes for any Job

3

4

performance Issues?

4

6

A.

can you restate the question?

6

0

Q. Have you -- have you ever disciplined, as his 6

7

supervisor, OMeer Hughes for any disciplinary

7

0

reasons?

6

9

A. Fla.

0

10

Q. He said you -- be said under Oath that you had

10

11

given him some verbal warnings.

11

12

A. Okay. Yeah, maybe, could you clarify? Yeah,

12

13 verbally I've said -- you knew, I can't even remember.

13

14

Verbally I've said, you Naow , "Don't drive that fast,"

14

16

or, you know, "Don't do that again? I can't remember

I6

10 exact specifies. I'll have to go back and look. But,

18

17

yeah, there's

-

there's Written discipline and formal

17

18

dlrcipllne. There's written documentation of verbal

18

10

discipline so.,.

19

20

Q. How

many limes did you give him a verbal

20

21

discipline?

21

22 A, I--I don't know.

22

23 Q. One?

23

24

A. sure.

24

26

Q. Two?

26

26

1

A. Are you looking fora specific number or--

2

Q. I'm trying to pin you down.

2

3

A. Yeah, I know. I can't, I don't know,

3

4 Q. Two to three?

4

6

A. I don't know,

0

6

0. Al? right. By the way, do you have any driving

8

7 offenses?

7

e

A. Can you be more specific? Well, I don't know

8

0

how to answer that question, Have I received a

9

10

speeding ticket In the pall? Absolutely. But do I

10

11

have any now? No. So...

11

12 Q. Ni right. Have you ever been arrested,

12

13

stopped for Out?

13

14

A. Have I been stopped for DUI?

14

16

Q. Yes,

16

16

A.

Yes, I have,

16

17

Q. And when was that?

17

10

A. I don't know the relevance, but I can't

18

19

remember the exact date, It was, I think--I don't

10

20

know. I can't remember the exact date, 20

21

Q. Was It within the last 12 months?

21

22

A. No,

22

23 Q, The last five years?

23

24

A. No.

24

26 Q. Ten years?

25

9ASCADP COURT REPORTERS. INC. (5411385-5664

A.

No.

Q, IS years?

A.

Let me think. 2010, 2009" 1 don't know. I

thin within the last 10 years,

Q. And where were you where did the arrest for

Dull occur?

A. In Corvallis,

Q. Okay. have you over discharged your service

weapon?

A. I have not, Walt. Correction, Would you like

to rephrase because I have discharged it I've used It

when I've practiced shooting on the fire range. I

assumed When you asked that question, In service, but

not--

Q. In the line of duty.

A. I have used (ton the practice range.

Q. DId you ever kill any elk?

A. Again, I don't understand the relevance, out

did I kill elk with a or or gun or what are you

referring to, air?

0. Gun,

A. Hovel killed on elk with a gun? No, I've

actually -- I don't actually like to--I don't like to

do that. It's a part of my Job

duller.

Sometimes when

there's a wounded animal era wounded elk or somelhl

28

like that, they'll call an officer to come out.

0. And dispatch him?

A. Correct, And I don't even like to do that. In

my recollection, I don't remember having to shoot an

elk in perlormance of my duty or otherwise. To the

beat of my recollection.

Q. Do you remember how many . obviously the

answer to my question Is you have shot an elk?

MR.

FRANZ: You

know, we're

really getting far

aneld here. I'll let him answer that In the line of

duty as a police officer has he shot an elk but --

MR. WESSON: Yeah,

THE WITNESS: I -- I Just really don't remember

having to shoot one. I could have, but, boy, I

don't -- the very last time I was Involved In a

situation where I was coming to work very

early In the

morning, and I hit two elk With my patrol car, and, you

know, I was really lucky I didn't get hurt because they

were rather large, but In that case another officer

came out and shot the elk.

I don't personally remember having to shoot an

elk. I do remember having to shoots deer Upon -- once

upon a time, but I don't remember having to shoot an

elk.

BY MR.

WESSON

Page 25 to 20 of

Exhibit F Page 7



29/59

JuH

.

012

:07PM

No. 1642

.

9

josepn patnoae

iviay

L1, [u1V

29

31

1

Q. Have you ever wrecked a police vehicle?

1

Q. What Is the territory that the 5unrlver-- the

2

A. Well, I guess It's your classlf- how you

2

geographic territory of the Sundver route Department?

3

describe "Wreck." Like I just explained to you, I hit 3

A. Like where W e'd he responsible for taking calls

4

two -- two elk on my w ay to work.

4

or are you talking about m utual old or --

6 Q. Besides the two elk.

6

Q. No, I'm just talking about normally.

6

A,

Have I ever crashed a patrol car, wracked, 8 A, Normally It's the Sunrtver boundaries. IF'a--

7

crashed.

7

right there at the entrance off of South Century with

8

Q. Yeah, whatever.

6

the-- kind of It's farther southeast and poeo all the

9 A. Yeah, I guess. Yes,

9

way up to kind of the bridge over there by Cottonwood

10 Q. And when was that?

10

on the northeast and then goes all the way to West

11

A. I can't remember.

II

Cascade, Cast Ceeeade.. Mast Cascade, over by Circle

12

Q. Have you ever been stopped for speeding?

12 7, and than down all the way to like the lodge, I

13

A. In my whole life, last seven years, last 15,

13 think, and Meadow Lane.

14 I--could you reclarlfy, classify the question? 14

Q. Is the Suoriver Business Park within the

16

Q. Were you ever arrested for speeding or did you 16

5unrlver boundaries that you've Just described?

16

ever receive a ticket for speeding?

16

A. No.

17 MIL FRANZ I'll let him answer as a police

17

Q. All right, Do you patrol outside of the

16

officer.

18

Sundver Police Department's Jurisdiction?

10 MR. WESSON: Yeah, that's One. 10

A. Not regularly.

20

THE WITNESS.' So ask the question -- have 1

20 Q. Do

other officers patrol outside the 5unrlver

21 ever been arrested for a speeding ticket? No.

21

Police Department jurisdiction?

22

by

MR. WESSON: 22

A. Well, its kind of your definition of "patrol,'

23 Q, Have you ever received a speedingticket?

23

and I would say not regularly.

24

MR. FRANZ; As a police officer.

24

Q. What would take them outside of that?

26

MR, WESSON: As a police officer. 26

A. You'd have to ask them. You can ask me whet

30 32

1

THE WITNESS: To the best

or

my recollection, I

takes me out of that.

2 no.

2

Q. All right. What takes you out of that?

3

BY MR. WESSON:

3

A. I go to the post office, I go to the store. I

4

Q. All right. Now, with the Sundver Police

4

go get food, whether It be to big Dog Dell or there

5 Department, what Is your current title?

8

used to he the good food spot or now the restaurant

0

A. I am a sergeant, sir, patrol sergeant. 6

that has pizza there that used to be D Oraelo's,

7

Q. And do you hero men or w omen under your -- men

7

I've gone to the Crossroad's gee station. I've

8

and women or women

under

your supervision?

8

gone and talked to people at the school. I've even

9

A. I am a supervisor. 9

gone down thereon mutual old several times to help out

10

0, Yeah, that's what I was after.

1D

the county. Call, at Powder Village Condnminlunts,

11

And how many employees do you supervise?

11

I've gone down to buy all sorts of types of

12

A. Mast --most of the Ilene, four.

12

goods at the Hammer Time V ideo -- or Hammer Time

13 Q. Okay.

13

Hardware. It Used to be Ace True V alue, I've been

14

A.

There can be more during the summertime When 14

down there for multitudes of things.

16

there's bike Officers running around. Just depends.

18

Q. Who covers the Chafer Butte part?

16 Q. How many In the summer?

10

A. I don't- I don't know what location you're

17

A. It just depends on

v n

the shifts but--

17

talking about, sir.

16

Q. Give file a range.

in

Q.

Do you know of on area tailed Condor Butte?

10

A. An additional four maybe.

19

A. Are you on -- maybe Lava Butte?

20

Q. Now many officers" polka officers are

20

Q. 1 was going to ask you that. That was going to

21

currently employed by the Sunriver Police Department? 21

be my next question.

22

A. There's 11 total sworn,

22

A. I don't know where the C inder Butte -- I'm not

23

Q.

What Is the territory thatthe 5unrlver Police

23

familiar with that exact location.

24

Department covers?

24

Q. Who patrols the Lava Creek part or Lava Butte

26

A. Could you reask the question?

26

or whatever --

'

ASCADF COl1RT REPORTERS. INC. (5411

385-5664

Page 29 to 320197

Exhibit F Page 8



30/59

ul.

012

:07PM

No.1642

.

0

33

1

A. Okay, Again, with the patrol, I think that

1

2

you're looking -- If you're looking for who takes the

2

3

Calls, like If somebody calls In and there's a specific

3

4 cell there, It would be most -- the first person that 4

5

they'd look for is looking for a County agent "B

6

6

county deputy, But dispatch often uses what they call

B

7

the Closest resource. So It depends on the situation.

7

0

If you have a m otor vehicle crash, someone's lire Is In 6

9

danger, they may send us, but It's kind of a 0

10 complicated question to answer. 10

11 Q. Is Sunriver incorporated as a city?

61

12

A. It Is not.

12

13

Q.

What Is It Incorporated as?

13

14

A. It's not Incorporated, air.

14

16

Q. What's Its designation then?

16

16

A. I don't know . Its a -- Sunrlver. It's not an

16

11

Incorporated town.

17

I0

Q. Can the Sunnver polka Department officers

10

19 arrest people outside the Community of Sunriver? 19

20 A. Yes, sir.

20

21

Q.

And what would be those circumstances?

21

22

A. Could you rephrase (lie question?

22

23

Q. What would be the circumstances that would

23

24

prompt a Sunriyer Police Department officer to arrest

24

25 someone outside the town of Suntiverl

26

34

1 A. If

a

crime was committed In their presence.

1

2 Q. All right. Anything more?

2

3 A. Mutual aid assist.

3

4

Q. Any more?

4

6 A. Crime Is committed In their Presence and mutual

5

6 aid assist, That's about -- I think rounds It Up.

6

7

Q. Have you over ticketed citizen for any minor

7

6 criminal offenses?

8

9

A. You're going to have to ask that one again.

9

10

I'm sorry.

10

11

Q. have you ever ticketed any dozens for minor

11

12 criminal offenses?

12

i3

A. Yes.

13

14

Q. Okay. And what were those minor --

14

16

A. Well, you've got to remember, we have this

16

10

thing called site In lieu of custody. 16

17

Q. A8 daht.

17

18

A. When you said have you ever cited someone for

16

19

minor criminal offenses--

10

20

Q. I said have you ever ticketed.

20

21

A. Ticketed, Okay. Cited, ticketed, that's the

21

22

reason why F was looking -- so do you mean have I ever

22

23

given them a little piece of paper or do you mean an

23

24 arrest or--

24

26

Q. No. Have you ever given them a ticket, you

25

~

ASCADE COURT REPORTERS, INC. (541) 385-5664

35

know, for -

A. But, you see, that's

why

I'm -- cited, Cited

is giving someone a ticket.

Q. Okay. All right.

A. I have Issued someone-- cited In lieu of

custody fora minor criminal offense.

Let's say somebody Was arrested for Theft III,

a minor part of theft, like shoplifting. Instead of

taking them all the way up to the Deschutes County

correctional facility, we just Issue a citation In lieu

of custody. Its still a crime. This is a record of

It, You'd hand It to them, and It has their date and

time when to appear at the bottom. So, Yes, I have

Issued a citation In lieu of custody.

Q. Have you ever Issued those citations In lieu of

custody Outside the Sunriver police community?

A. I don't know. I believe so, but I don't know,

Q. Give me .. citation --

A. -- In lieu of custody.

Q. Okay. All right.

In

your

current position as the sergeant, do

you have the

power

to arrest people?

A, I do.

Q. Do you recognize Robert Foster who Is here

36

A. I do.

Q. Have you ever given your deposition before?

A. once.

Q. And when was that?

A. I don't remember.

Cl. Was It In the last year?

A. No,

Q. five years?

A. No,

Q. Ten years?

A. No.

Q. 157

A. it was a long (late ago.

Q. Was It here or o ver In Corvallis?

A. It was In the Corvallis area. I don't remember

exactly. I think It was In Albany.

Cl. What kind of Case was It?

A. I -- I don't recall the exact -- what kind of

exact case It wee . It wasn't a police-related matter.

Q. Were you a patty In that case?

A. please define what you mean by "a party In that

case.'

Q. Well, that's very easy,

A. Okay.

Q. You're a party in this case. You're the

Page 33 to 36 of 97

Exhibit F Page 9



31/59

u

.

012

:07PM

37

1

petitioner. 1

2

A. Okay,

2

3 0. Normally It's the plaintiff, or Mr. Poster's

3

4 the respondent which Is ordinarily the defendant.

4

6

50 were

you

either a plaintiff or a defendant

6

6

In those cases?

0

7

A. No. 7

B

Q. You were Jost a witness?

8

0

A. Yes,

9

10 0, All right. So does that help you remember

10

11 anything about the case?

11

12

A. But It

didn't

have

anything

to do with

being

a

12

13

pollee officer.

13

14

It

Was when I -- I had been recently hired as a

14

16 police officer In Sunrlver, and I was asked to come

16

10

beck, so It would be like 12 years ego-Ish,

but

the

10

17

event happened

before that, and there was a dispute

17

18

about a warranty one vehicle,

111

19

Q. All noht.

10

20

A. I moan I don't -- and I was a witness (or my

20

21 employer at the time.

ZI

22 0. Okay. All right. So what I'm -- the reason

22

23

some of these quesllans may sound Irrelevant to you Is

23

24

because thls Is called discovery.

24

125

A. Ah.

29

36

I

Q. And so we're -- I can't bung you Into my

1

2 office and say,

-

sergeant ratnode,

sit down and answer

2

3

these damn questions.

- I can't do that. I'm required

3

4

by law because you're represented by counsel to go

4

5

through this process, so we're Just following the law

6

6

here today.

6

I

Right, Robert?

7

8

FIR.

FRANZ: Right.

8

9

MR. WESSON; Okay.

9

10

MR. FRAHZ: So ask your damn questions,

10

11 BY MR. WESSON:

11

12

Q. Okay. Have you ever been -- have you ever sued

12

13

anybody?

13

14

A.

You know, again, I don't know. I -- I don't

14

16

remember auing

anybody

In particular,

16

16 There was one parson beck In corvnllls who owed

16

17

me,

I think It was, 400 dollars or maybe It Was 200 17

18

dollars for a stereo, and I filed some paperwo rk to the

10

19

coup for small claims so...

19

20

0. Okay, That's a suit.

20

21

A. Okay. Well, then, yes, once, I believe.

21

22

Q. And have you ever been sued?

22

23

A. Again, I don't know how to answer that. People

23

24

have threatened to sue me, but I've never been In

24

26 court, I've never been In court. Motto my

26

CASCADE COURT REPORTERS, INC. (541)385-5664

No. 1642

.

1

May 21, 2010

Documents

Hearing Transcript in Foster Case