Patnode Unlimited Stalking Order

Jul. 9.
2012
2:35PM
No. 1641
P. 1
P.O. Box 62
Robert E. Franz Jr.*

Jerome P. Larkin
Elizabeth S. Moseley
Springfield, Oregon 97477

Phone: (541) 741-8220
FAX: (541) 741 -8234
*Admitted in Oregon,
Washington & Idaho
ROBERT E. FRANZ JR.

Office of Attorneys and Counselors
Internet: rfranz@franzlaw.comcastbiz.net
Theresa L. Franz
Kimberly A. Dahlgren
Legal Assistants
FAX TRANSMITTAL
To:
Mr. Frank Weiss
From:
Robert E. Franz, Jr. / Theresa
RE:
Patnode v. Foster , et al.
Date:
Monday, July 9, 2012
Number of Pages (including this cover sheet): 139

Attached are the following documents:
1. Motion for Unlimited Stalking Order;
2. Legal Memorandum in Opposition to Respondent's Motion for
Summary Judgment and in Support of Motion for Unlimited
Stalking Order by Petitioner Joseph Patnode,
CONFIDENTIALITY NOTICE
This facsimile transmission (and/or documents accompanying it) may contain

confidential information, which is protected by the attorney-client privilege. The
information is intended only for the use of the individual or entity named above. If
you are not the intended recipient, you are hereby notified that any disclosure,
copying, distribution or the taking of any action in reliance on the contents of this
information is strictly prohibited. If you have received this transmission in error,
please immediately notify us by telephone to arrange for return of the documents.
Jul. 9. 20
2:36PM
No.1641
P. 2
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IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF DES CHUTES
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In the matter of:

Joseph Patnode,
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Petitioner,
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and
Case No. 10ST0028MS

Motion for
Unlimited Stalking
Order by Petitioner
Joseph Patnode
Robert B. Foster,
Respondent.
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Robert E. Franz Jr.

Peal Office Box 62
Springlleld, OR 97477
Phone; (541) 741-8220

PAX: (541)741-8234
COMES NOW Petitioner Joseph Patnode, by and through his attorneys,

the Law Office of Robert E. Franz, Jr., and hereby moves the Court for an
Order for the entry of an Unlimited Stalking Order against Respondent, Robert
Foster, for the reasons that there are no disputes in the facts that Petitioner is
entitled to such an order on the merits, and because the Respondent is not
medically stationary, and has not been so for the past 15 (fifteen) months.
THIS MOTION
is made in good faith, not for the purpose of delay, and in
the opinion of counsel is well founded in law. Counsel relies upon the Points
and Authorities set forth in Petitioner's Legal Memorandum in opposition to
respondent's motion for summary judgment and in support of its motion for
Page 1 - Motion for Unlimited Stalking Order
Jul. 9. 2012
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2:36PM
No. 1641
unlimited stalking order; the exhibits, affidavits, declarations attached to the

Legal Memorandum; and all of the petitions, amended petitions, and pleadings
in the trial court file.
DATED: Monday, July 9, 2012.
Respectfully submitted,
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By:
LAW OFF!
OSB #73091
Robert E. Franz, Jr.
Email: rfranz@franzlaw.comcastbiz.net
P.O. Box 62
Springfield, OR 97477
Telephone: (541) 741-8220
Facsimile: (541) 741-8234
Attorney for Petitioner
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Rohen E. Franz Jr.
Post Office Box 62
Phone: (541) 741-8220
FAX! (541)741-8234
P. 3
Page 2
Motion for Unlimited Stalking Order
Jul. 9. 2012
No.1641
2:36PM
P. 4
CERTIFICATE OF SERVICE
I hereby certify that I served the foregoing MOTION FOR UNLIMITED
STALKING ORDER BY PETITIONER on Respondent VIA FACSIMILE, EMAIL,
AND by depositing a certified true copy thereof in the United States mail in
Springfield, Oregon, on Monday, July 9, 2012, enclosed in a sealed envelope, with
postage paid and addressed to:
Mr. Foster A. Glass
Attorney at Law
339 S.W. Century Drive, Suite 201
Bend, OR 97702
Of Attorneys for Respondent
Mr. Frank Weiss
Tonkon Torp LLP
1600 Pioneer Tower
888 SW Fifth Avenue
Portland, OR 97204
Of Attorneys for Respondents
Dated: Monday, July 9, 2012.
/s/ Robert E, Franz. Jr.

LAW OFFICE OF ROBERT E. FRANZ, JR.
OSB #73091
P.O. Box 62
E-Mail: rfranz@franzlaw.comcastbiz.net
Telephone: (541) 741-8220
Facsimile; (541) 741 -8234
1 hereby cerjlAX this
document is a true and
correct copy of the original.
Jul. 9. 2012
No. 1641
2:36PM
P. 5
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FOR THE COUNTY OF DESCHUTES
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In the matter of:

Joseph Patnode,
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Petitioner,
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and
Robert B. Foster,
Case No. IOST0028MS

Legal Memorandum
in Opposition to
Respondent's Motion for
Summary Judgment and
in Support Motion for
Unlimited Stalking Order
by Petitioner Joseph Patnode
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Respondent.
COMES NOW Petitioner Joseph Patnode, by and through his attorneys,
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the Law Office of Robert E. Franz, Jr., and herewith submits his Legal
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Memorandum in Opposition to Respondent's motion for summary judgment
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and in support of his request for an unlimited Stalking Order against
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Respondent Robert Foster, For the purpose of all motions pending before this
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Court, Petitioner hereby incorporates all of the petitions, amended petitions,
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and pleadings in this matter, together with the following attached exhibits:
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Robert B. Franz Jr.
Post Office Box 62
Phone: (541)741-8220
FAX: (541)741-8234
Page 1 - Legal Memorandum in Opposition to Respondent's

Motion for Summary Judgment by Petitioner
Jul. 9. 2012
2:36PM
No.1641
P. 6
I. Plaintiff's Motion is Barred by the Previous Orders of this Court, and

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Petitioner is Entitled to an Unlimited Stalking Order on the Merits and
Because Respondent is not Medically Cleared to Testify in These
Proceedings.
A. The issues raised by the Respondent have already been decided
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against him .
In his motion for summary judgment, the Respondent does not produce
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any facts or admissible evidence that contests any of the facts set forth in the
Petitioner's Original and Amended Petition for a Stalking Order; nor does he
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offer any facts or other admissible evidence showing he did not stalk the
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Petitioner; rather, he merely argues that the Stalking Order should not have
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been issued against him in the first place. Respondent's motion is too little, too
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late, because the issues have already been decided against him.
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ORS 30.866 (1) Provides as follows:
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(1) A person may bring a civil action in a circuit court for a court's
stalking protective order or for damages, or both, against a person if:
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(a) The person intentionally, knowingly or recklessly engages in

repeated and unwanted contact with the other person or a member of that
person's immediate family or household thereby alarming or coercing the
other person;
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(b) It is objectively reasonable for a person in the victim's situation to

have been alarmed or coerced by the contact; and
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(c) The repeated and unwanted contact causes the victim reasonable
2pprehension regarding the personal safety of the victim or a member of
the victim's immediate family or household.
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Because Robert Foster violated ORS 30.866 (1) (a), on March 5, 2010, the
Petitioner brought this civil action against Mr. Foster for a stalking protective
order.
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Roben E. Franz Jr.
POSL Office Box 62
Phone: (541) 741-8220
FAX; (541)741.8234

Jul. 9. 2012
2:37PM
No.1641
P. 7
On March 5, 2010, Judge Edward Perkins found there was probable

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cause to issue a Temporary Stalking Protective Order against the Respondent
based upon the Petitioner's Original Petition for a Stalking Order, and based
upon the following findings of facts found by Judge Perkins:
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1. Respondent has engaged intentionally, knowingly, or recklessly in

repeated and unwanted contact with the Petitioner or a member of the
Petitioner's immediate family or household, and it was reasonable for
Petitioner to be alarmed or coerced by this contact.
2. Respondent knew or should have known that the repeated contact was
unwanted.
3. It is objectively reasonable for a person in Petitioner's situation to
have been alarmed or coerced by Respondent's contact.
4. Respondent's repeated and unwanted contact caused the Petitioner
reasonable apprehension regarding the Petitioner's own personal safety
or the safety of a member of his/her immediate family or household.
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Robert E. Frnnz Jr.
PoI Office Hal 62
Springlleld, OR 91477
Phone: (541) 741-8220
FAX: (541) 7411&234
The Temporary Stalking Protective Order was then served upon the
Respondent. The temporary order required the respondent to personally appear
before the court to show cause why the temporary order should not be
continued for an indefinite period.
ORS 30.866 (3)(a) provides as follows:
"At the hearing, whether or not the respondent appears, the court may
continue the hearing for up to 30 days or may proceed to enter a court's
stalking protective order and take other action as provided in ORS
163.738."
On March 19, 2010, a hearing was held at which time the Respondent and his
first attorney appeared before Judge Michael Adler. After the hearing, Judge
Adler signed a Stalking Protective Order based upon the following:
"The Court hereby finds by a preponderance of the evidence that
Respondent intentionally, knowingly or recklessly engaged in repeated
and unwanted contact with petitioner or a member of Petitioner's
Jul. 9. 2012
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2:37PM
No.1641
P. 8
immediate family or household and thereby alarmed or coerced

petitioner. The Court further finds that it is objectively reasonable for a
person in Petitioner's situation to have been alarmed or coerced by the
contact and that the repeated and unwanted contacted caused Petitioner
reasonable apprehension regarding the personal safety of Petitioner or a
member of Petitioner's immediate family or household; ..." Exhibit A
at 1.
The time for the Respondent to have contested and showed cause why a
Stalking Protective Order should not have been issued was on March 19, 2010,
more then two years ago. If Respondent felt that the conduct of the stalking
was based upon protected speech, he had the opportunity to raise that issue in
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writing before or at the hearing. He did not do so. Thus, as of March 19, 2010,
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a stalking order based upon a preponderance of the evidence has been issued by
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the Court. This finding is binding upon the Respondent, and no appeal has
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ever been taken from this order.
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The Respondent also ignores the fact that this Court also allowed an
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Amended Petition, to which the Respondent once again tried to argue that the
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conduct was protected speech. The Court ruled against that contention, and
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granted the filing of an Amended Petition.

Furthermore, on the facts before this Court at this time, as contained in
the attached exhibits filed with this memorandum and the facts set forth in the
Petitioner's original and Amended Petition for a Stalking Order, the Court
should now issue an unlimited stalking order, especially in light of the fact that
Respondent has not been medically stable to testify for over one year, as
explained below,
B. Respondent Not Medically Able to Testify.
At this time, Petitioner also requests the Court to enter an unlimited
stalking order because the Respondent is not medically able to testify. As the
trial court file shows, the trial was set to commence on July 27, 2011. On July
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Roben B. Franz Jr.
Poi Office Box 62
Springficld, OR 97477
Phone: (541)741-8220
FAX! (541)741-8234

Jul. 9. 2012
2:37PM
No.1641
P. 9
21, 2011, the Respondent filed a motion to postpone the trial in this matter for
various reasons. The motion was denied by Judge Michael Sullivan on July 26,
2011. Thereafter, on July 26, 2011, the Respondent filed an amended motion
to postpone the trial because the Respondent "has a diagnosed medical
condition that prevents him from being able to participate in a trial." The
motion to postpone was then granted on that basis.
The trial was reset for April 24, 2012. On March 28, 2012, the
Respondent filed a motion to postpone the trial because of the unavailability of
witnesses. At the hearing on the motion to postpone, after the motion was
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denied by Judge Sullivan, the Respondent was ordered by Judge Sullivan to
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appear for his deposition prior to trial. Then, again, on April 19, 2012,
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Respondent filed a second motion to postpone the trial of April 24, 2012,
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because of the medical condition of the Respondent. The Respondent has
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refused to submit to the court-ordered deposition because of his medical
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condition. The medical condition was based upon the following note from Dr.
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Wade Parker, M.D.:
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"Mr. Robert Foster has been a patient of mine since April 2011. He
suffers with depression, anxiety, and post-traumatic stress disorder.
Currently his symptoms are not well controlled with my treatment and in
my opinion he is not mentally stable to participate in his upcoming legal
deposition or other court related matters under oath. I have
recommended we obtain psychiatric clearance prior to these depositions
and court appearance. Appropriate referrals have been made. Once
cleared by psychiatry he can then under go the requested depositions and
court appearance. If there are any questions please le me know."
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To date, Mr. Foster has not been cleared by psychiatry. The trial has been
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postponed twice because of the Respondent's medical condition, which now

has lasted 15 months. The Petitioner should not be required to wait any longer
for an unlimited stalking order.
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Robert 13. Franz Jr.
Springfi ld. OR 97477
Phone: (541) 741-8220
FAX: (541) 741-8234

Jul. 9. 2( 2 2:38PM
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No. 1641
P. 10
II. None of the Stalking Incidents in this Case Involve Protective Speech.
The Respondent contends that the initial stalking order issued in this case
should never have been issued because the conduct that supported the stalking
order was based upon protective speech. This contention has already been
ruled upon at the time of the granting of the amended petition, and fails for two
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reasons. First, the conduct complained of did not involve protective speech.
See exhibits, original Petition, and Amended Petition.
Second, the Respondent failed to contest or challenge the issuance of the
initial stalking order on the basis now claimed, and it is too late to do so. Thus,
his claims fail as a matter of law.
State v. Ryan , 350 Qr. 670, 261 P.3d 1189
(Or. 2011).
DATED: Monday, July 9, 2012.
Respectfully submitted,
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BY: /s/ Robert E. Franz. Jr.

LAW OFFICE OF ROBERT E, FRANZ, JR.
OSB #73091
Email: rfranz@franzlaw.comcastbiz.net
P.O. Box 62
Telephone: (541) 741-8220
Facsimile: (541) 741-8234
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Robert E. Franz Jr.
Post01ficc Box 62
Phone: (541) 741-8220
FAX: (541)741-8234

Jul. 9. 2012
2:38PM
No.1641
P. 11
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In the matter of:

Joseph Patnode,
Case No. 10ST0028MS
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Petitioner,
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AFFIDAVIT of
in Support of Petitioner's
Response to Respondent's
Motion for Summary Judgment
and
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Robert B. Foster,
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1esJ2Qu
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State of Oregon
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County of Lane
hit.
ss.
Robert E. Franz, Jr., being
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I,
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follows:
first
duly sworn, do depose and say as
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1. 1 am over the age of 18, and I make this affidavit based on personal
knowledge of the facts contained herein.
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2. 1 am the attorney representing Petitioner Joseph Patnode the aboveentitled matter.
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Robert E. Free Jr.
Post Offica flox 62
5 rk etd,OR97477
Phone: (54!) 741-8220
FAX: (541)741-8234
Page 1
Affidavit of Robert B. Franz, Jr.
Jul. 9. 20
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2:38PM
No. 1641
P. 12
3. The attached Exhibits A-F are true and correct copies of the originals.
Exhibit A Stalking Protective Order Signed by Judge A, Michael Adler

on March 19, 2010.
Exhibit B Deposition transcript of Hugh Palcic taken September 23, 2010.
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Exhibit C Perpetuation deposition transcript of John McKenzie taken

February 16, 2012,
Exhibit D Deposition transcript of Michael Allen Kennedy taken
June 15, 2010.
Exhibit E Deposition transcript of Kasey Hughes taken May 21, 2010.
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Exhibit F Deposition transcript of Joseph Patnode taken M y 21, 2010.
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1s
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SUBSCRIBED and SWORN to before me this
9m)
L 6EAl
C FRANZ
O-0pE.ON
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No. A9s7 aNotary P Iblic

Ore
on
for
g
hRCH 7, 2019
My Commission Expires:___
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Robert E. Fmnz Jr.
Post Office BQX 62
SppringfelJ.OR 97477
Pltvne: (541) 741.8220
FAX: (541)741-8234
day of July,
2012.
Page 2 - Affidavit of Robert E. Franz, Jr.
Jul. 9. 2012
2:38PM
No. 1641
P. 13
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$
FOR THE COUNTY OF DESCHUTFS'
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JOSEPH PATNODE,
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Petitioner, )
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V.
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ROBERT B FOSTER,
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))
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Case No. 10ST0028MS

STALKING PROTECTIVE ORDER
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Respondent. )
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NOTICE TO RESPONDENT: Violation of this Stalking Protective order may result In your arrest and criminal or
civil penalties. This Order is onforceable In every state. Review this order Carefully. Each provision must be
obeyed.
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A hearing was held on March 19, 2010. Petitioner appeared with attorney Hanna Melsem-Vehrs.
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Respondent appeared with attorney Frank Wesson. The Court hereby finds by a preponderance of the evidence
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that Respondent Intentionally, knowingly or recklessly engaged In repeated and unwanted contact with
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petitioner or a member of Petitioner's Immediate family or household and thereby alarmed or coerced
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petitioner. The Court further (Inds that It Is objectively reasonable for a person in Petllioner's situation to have
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been alarmed or coerced by the contact and that the repeated and unwanted contacted caused Petitioner
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reasonable apprehension regarding the personal safety of Petitioner or a member of Petitioner's Immediate
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Family or household; therefore
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IT IS HEREBY ORDERED that Respondent Is restrained (prohibited) from intentionally, knowingly or

recklessly having contact, as directed below, with:
Petitioner
[]
Other:
502STALKING PROTECTIVE ORDER Page lot 2
Exhibit A Page 1
Petitioner's Response
Jul. 9. 2012
2:38PM
No. 1641
CONTACT MEANS:
All conditions listed below.
Coming within 1000 It Into the visual or physical presence of the protected person.
Following the protected person.
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Walling outside (lie home, property, place of work or school of the protected person or a member of that
person's family or household.
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Sending or making written communications in any form to the protected person.
Speaking with the protected person by any means.
[] Communicating with the protected person through a third person.
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[]
Committing a crime against the protected person.
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Communicating with a third person who has some relationship to the protected person with the Intent of
affecting the third person's relationship with the protected person.
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Communicating with business entities with the Intent of affecting some right or Interest of the protected
person.
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[] Damaging the home, property, place of work or school of the protected person.
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Delivering directly or through a third person any object to the home, property, place of work or school of
the protected person.
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IT IS FURTHER ORDERED
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Respondent shall undergo a mental health evaluation by (Mental Eval Deadline) and undergo treatment
as Indicated by the evaluation.
The Court finds that Respondent Is without funds to obtain a mental health evaluation or treatment and
Is referred to Deschutes County Mental Health.
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///
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///
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///
502 STALKING PROTECTIVE ORDER Page 2 of 2
Exhibit A Page 2
Jul. 9. 2012
2:39PM
No. 1641
v ,
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P. 15
r_)
THE COURT FURTHER FINDS

[] Respondent represents a credible threat to the physical safety of the protected person and the protected
person Is or was
)] the parent of a joint child with respondent
p a child of respondent or an Intimate partner of respondent
Findings in this section certify compliance with the Federal Violence Against Women Act, sections
922(d) and (g), prohibiting respondent from possession, receiving, shipping, or transporting any
firearm or firearm ammunition,
the spouse of respondent
cohabltaling with respondent
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This Order is of unlimited duration.
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This Order Is effective until June 15, 2010,
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CERTIFICATE OF COMPLIANCE WITH THE VIOLENCE AGAINST WOMEN ACT: This Stalking Protective Order meets
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the full faith and Credit requirements of 18 U.S.C. sec. 2265 (1994). This Court has jurisdiction over the parties
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and the subject matter. The Respondent was afforded notice and timely opportunity to be heard as provided by
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the law of this Jurisdiction. This Stalking Protective Order is valid and entitled to enforcement In all Jurisdictions.
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DATED this Jlday of March, 20,1,,,17
/0/A. MICHAEL ADLER
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Circuit Judge A. Michael Adler
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Respondent was served with a copy of this Order In the courtroom
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so 2-STALKING PROTECTIVE ORDER --Page 3 of 3
Exhibit A Page 3
Jul. 9. 2012
2:39PM
P. 16
No. 1641
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In the Matter of:

JOSEPH PATINODE,
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Plaintiff,
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vs.
ROBERT B. FOSTER,
Defendant,
Case No, 105T0028--MS
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DEPOSITION OF HUGH PALCIC,

taken on behalf of Petitioner, pursuant to notice, at the
16 offices of Karnopp Petersen LLP, 1201 NW Wall Street,

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Suite 200, Bend, Oregon, before Pamela M. Sylvester,
18 Shorthand Reporter for Perfect Word Reporting & Video and

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Notary Public for the State of Oregon.
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PERFECT WORD REPORTING & VIDEO (541) 3@8--2896
Exhibit B Page 1
JuL 9. 2012
2:39PM
P. 17
No. 1641
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APPEARANCES
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For Petitioner;
OFFICES OF ROBERT FRANZ JR.
By: Hannah Meisen-Vehrs
P.O. Box 62
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For Respondent Robert Foster:

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

KARNOPP PETERSEN LLP
By; Kurt Barker
1201 NW Wall Street
Suite 200
Bend, Oregon 97701
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Also Present:
Robert Foster
Joseph Patinode
Reported By:
Pamela M. Sylvester
Shorthand Reporter
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PERFECT WORD REPORTING & VIDEO (541) 388-2896
Exhibit B Page 2
Jul. 9. 2012
2:39PM
P. 18
No. 1641
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1
INDEX
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PAGE
EXAMINATION BY:
Ms. Meisen-Vehrs
Mr. Duncan
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EXHIBITS:
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Letter dated 4/2/08
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Exhibit B Page 3
Jul. 9. 2012
2:39PM
No. 1641
P. 19
HUGH PALCIC
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THURSDAY, SEPTEMBER 23, 2010, 1:30 P.M., BEND, OREGON
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HUGH PALCIC,
called as a witness herein on behalf of
Plaintiff, having been duly sworn upon
oath by Pamela M. Sylvester, Notary Public,
was examined and testified as follows!
B
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EXAMINATION
BY MS. MEISEN-VEHRS;
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Q.
Mr. Palcic, can you say your name for the
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A.
The full name? Hugh Palcic.
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Q.
And what is your occupation?
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A.
I work for the Sunriver Owners Association.
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Q.
And what is your title?
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A.
Currently, assistant general manager.
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Q.
What are some of your duties as assistant
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record.
19 general manager?
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A.
As assigned I guess would probably be best.
21 t manage the community development department. I also

22 oversee the environmental department, and I oversee the
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recreational department; however, there is directors for
24 both of those who handle the day-to-day use of both of

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those departments.
Exhibit B Page 4
JuL 9. 2012
2:39PM
P. 20
No. 1641
HUGH BALCIC
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Q.
Do you know the respondent Bob Foster?
A.
Yes.
Q.
Do you recall having a conversation with
Bob Foster the week before April 2nd, 2008?
A.
Yes,
Q.
Did you write a summary of your
recollection of that conversation?
A.
Yes.
Q.
Do you have an independent recollection of
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11 to your summary?
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A.
It's extremely vague. I have basics, but
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the written summary, which I have read before, is the
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recollection that I have.
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(Exhibit 14 identified.)
Q.
Okay. I'm going to show you what's been
marked as Exhibit 14.
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Is this the summary that you wrote?
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MR. DUNCAN: Can I see copy of that?
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MS. MEISEN- VEHRS:
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THE WITNCSS: Yes.
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Yes.
BY MS. MEISEN-VEHRS:
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Q.
When did you write that?
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A.
You know, I don't recall. Shortly after
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the request.
PERFECT WORD REPORTING
& VIDEO (541) 388-2896
Exhibit B Page 5
Jul. 9. 2012
2:40PM
P. 21
No. 1641
HUGH PALCIC
7
1
Q.
Was it shortly after April 2nd, 2008, the
2 date at the top?

3
A.
I don't recall the exact date,
Q.
Was it around that date?
A.
It's around that date, yes,
Q.
Is that your signature at the bottom?
A.
Yes.
Q,
Hugh, can you read the statement into the
A.
Okay. It's dated 9/2/08. Last week, I
9 record?
10
11 received a phone call from Bob Foster, Bob called to
12
inquire as to why, quote, authorized vehicle only,
13
unquote, signs were installed at the SROA Administrative
14
Building. He also wanted to know who authorized the
15
installation.
told him that to the best of my
16 knowledge, that our General Manger, Bill Peck approved

17
the installation. With regard to the question of why, I
18 told him that I could only speculate on an answer and

19
that he would need to pose that question to Bill Peck
20
when he returns from vacation.
21
I asked Bob why the installation of signage
22 at SROA would be of concern to him and he explained that

23 he regularly drives through the parking SROA lot
24
(sometimes twice a day) and believes that the signage may
25 have been installed in response to his actions. I asked

Exhibit B Page 6
Jul. 9. 2012
2:40PM
P. 22
No.1641
HUGH PALCIC
8
1
him why he would drive through the parking lot of SROA.
He responded by drawing a parallel to a historical
reference of two confederate officers during the Civil
War that would ride around the union army in an attempt
to demoralize or confuse their opponent. In short to
show them that they could,

On Tuesday, 4/1/08, the Sunriver Chief of
Police visited my office to discuss the phone
conversation and asked me to write down my recollection
10
of that exchange. This is, to the best of my
11
recollection, what transpired relative to this matter.
12
Respectfully, Hugh Palcic, At the time, Director of
13
Community Development, SROA.
14
15
16
Q.
Is this an accurate summary of your
recollection of that phone call as your memory is today?

A.
Yeah.
MS. MEISEN-VEHRS: That's all I have.
17
EXAMINATION
18
19
20
BY MR. DUNCAM:
Q.
Mr. Palcic, looking again at Exhibit 14 --
21
excuse me, for the record, my name is David Duncan. I'm
22
the attorney for the respondent Bob Foster.
23
A.
Oh-huh,
24
Q.
And you testified that you know Mr. Foster.
25
Looking again at Exhibit 14, you said you don't remember

Exhibit B Page 7
Jul. 9. 2012
2:40PM
No.1641
P. 23
4/2/08
Last week, I received a phone call front Bob Poster. Bob called to inquire as to why
"authorized vehicle only" signs were installed at the SROA Administrative building. He
also wanted to know who authorized the Installation. I told him that to the best of my
knowledge, that our General Manager, Bill Peck approved the Installation. With regard to
the question of why, I told him that I could only speculate on an answer and that he
would treed to pose that question to Bill Peck when he returns from vacation.
I asked Bob why the installation of aignage at SROA would be of it concern to him and
he explained that he regularly drives through the parking SROA lot (sometimes twice a
day) and believes that the siguage may have been Installed in response to his actions, I
asked him why lie would drive through the parking lot of SROA. Iie responded by
drawing a parallel to a historical reference of two confederate officers during the Civil
War that would ride around the union army in an attempt to demoralize or confuse their
opponent. In short to show them that they could.
On Tuesday (4/1/08), Ilia SR Chief of Police visited my office to discuss this phone
conversation and asked inc to write down my recollection of that exchange. This is, to
best of my recollection, what transpired relative to this matter.
Director of Community Development, SROA
Exhibit 14
Exhibit B Page 8
Jul. 9. 2012
2:40PM
No.1641
P. 24
Hughes, et cal. vs.

Foster
John McKenzie
February 16, 2011
Perpetuation
REPORTING
VIDROCONBBRBNCING
172 Gnat 8th Ayeiae

1? igene, OR 97401
Original File MCKENZIEJOHNPERP.TXT
rp1ii7..11 -Sel 7i)1(a) wit/i IYUIra lucks
Exhibit 26
Page 1
Exhibit C Page 1
Jul. 9. 2012
2:40PM
Perpetuation
el Hl. vs.
Pago 3
Page I
1
2
3
P. 25
No. 1641
INDEX
rN THE 01UUIT COURT OF TEE STATE OF ORBOON

IN AND FOR TIN COUNTY OF DESCNUTBS
HiTHROB .................................... PAON
JOHN HoRANLSS
In the Hettor of,

IUHHY HUGHES,
flutterer,
6
one
7 R00911Y B. POSTROipondent.
B
BY HS. HEIs.N-NEARS
23
BT HR. H55501
Ito. lOST00AINS
ue,
In the Netter Oki

9 JOSEPH INTRUDE,
Petitioner,
10
end
ROBERT N. FOSTRee
11
penden E.
N.. l0e'TOOIBNe
ExHtSITSI Hone Larhed.
12
13
14
bfPOSITIOH OF JOHN HOIENSIE
15
Pebtuety 16th, 2011
16
Rodno.dey
17
2115. )1.
15
(Appeering by Telephone)
19
PHNPCTUATAON 01 TESTIHOHY
VHS DEPOSITION OF JOHN HeHBBIIB Na. taken
et the let office. of Henneh Heleen-Veh'B, 720 B

Street, Springfield, Oregon, before Robin
C... Idy-Dunn, CSR-RPR, Cestifioa Shorthand Reporter
to and for the SkAte Of Oregon.
Page 4
Pago 2
APPEARAHCAS
For the PatLtlonera,
3 the whole Inch, and nolldug but the truth, was
NH. BANIIAR HEIBBN-VEHHS
4 examined and testified on follows:
130 B Street
Sptingfleld, Oregon 91411
EXAMINA'nON
r BY MS. MEISEN-VEERS:
8
Q. Mr. McKenzie, this is Hannah Melsen-Vehrs.
6
531/941-3220
For the Reepohdentl
9 This Is going to be a perpeluatlon deposition in the
1115SOH A DUNCAN
11
12
13

502/292-5122
By, } , FRANK S, 115550)1
Joseph Pnmode versus Robert
14 Remember that you' re still under 0011, and, even
(Appearing by telephone)
is though you've answered the questions previously.

16 give
Al.. Pr..ontl
Reported 1,y,
ROBIN CABaIOY-DURMI, CSR.RPR
CC REPORTIHO P VIDEQ1,OHFEREIICI110
answer again, please-
Okay.
19
20
Q.
And spell your last name.
21
A.
M-c-K- e-n-zri -e,
22
Q.
And whet is your current occupation?
IB
(Appeering by telephone)
us a full
A.
Q.
A.
17
HR, ROBERT FOSTER
Can you please slate your
94l/44E-0111
full name?
John Edward McKenzie.
23 A. Manager
of plant operations And
24 mnintennnce.
Tom FREE 900/add-0903
:\iiR- Ildicripl 5,
of Kasey Hughes versus Robert E. Poster and

E. Poster.
You just had your discovery deposition
taken. I vin going to ask you song questions.
to trial
12925 61! 66th Avenue, Suite 101
EUOEHE
JOHN McXENZIE,
2 having been first duly sworn to testify the Iruth,
2s
Exhibit 26
Q.
And where do you work?
(1) Pages 1.4
Page 2
Exhibit C Page 2
Jul. 9. 2012
2:41 PM
Hughes, el al. vs.
No. 1641
Perpeluallon
Foster
Page 7
Page 6
1
3
4
5
6
7
6
9
in
11
12
13
14
1s
16
17
In
19
20
21
22
23
24
25
A. Wheaton Franciscan Healthcare.

Q. And how long have you held that job?
A. September of 2010.
Q. Okay. And can you tell me briefly some of
your work history before that?
A. Yeah. I was director -- I was plant
manager for Envision Architecture from September of
2008 to Septenber 2010.
Prior to that I relocated from Bead.
Oregon, to Waterloo, and the, from Occcnibcr of 2006
to June of 20081 was director of public works for
Sunriver Owners Association.
Prior to that I was director of facilities
for Weiss Memorial Hospital in Chicago, Illinois.
How far back would you like me to go?
Q. That's fine. Thanks. Con you tell me
your educational background? High school or
college?
A. Some college. I went through the Navy
mucicur propulsion program when I was in the
service.
Q. Did you say sonic college?
A. Sonic college, yes, nin'am.
Q. Okay. And then the Navy?
A. Yes, ua'am.
Q. Okay. Go ahead.
A. Oh, I'm sorry. I'm going to use the words
3
"older than Inc.' 50s, mid 50s maybe. Just
4 speculating on age. White mate, grayish hair, long
5 -- usually was in it ponytail or under a bandauma.
6 Slender to average build.
One moment. I need just n second.
7
9 Q. That's fine.
(Off-the record discussion.)
9
10
A. And I believe somewhere between five-ten
11 to six feet tall, as best I can recall.
12 BY MS. MEISEN-VBHRS:
19
Q. Do you know what kind of vehicle lie
14 drives?
is A. An early 2000 while Ford pickup, standard
16 cab.
17
Q. And did you observe him driving in (lint
16 muck around Sunriver?
19
A. Yes.
20
Q. Can you tell are about some of the
21
encounters that you had with Bob Foster?
22
A. We had multiple encounters with, him during
23 mad construction going Through stop paddles,
24 driving too close to loggers, not complying with
25 the direction of the Baggers.
1
page 6
I
2
4
5
6
7
a
9
10
11
1s
13
14
15
16
17
19
19
20
21
22
as
26
25
Q. And you have a high school degree?

A. High school diploma. yes. ma'mn.
Q. Cm, you tell me what your main duties were
as the public works director for the Sunriver Owners
Association?
A. Sure. I was responsible for all
infrastructure operation and maintenance, which
included all roads, pathways, common areas, parks,
pools, Sunrivcr Association buildings --just about
anything inside the Sunriver boundaries with the
exception of water, sewer, and the eleeiric service.
Q. Were you In a supervisory role in that
capacity?
A. Yes, ma'am,
Q. How many people did you supervise
approximately?
A. I'm going to say approximately on average
16 to 20.
Q. And while you were the public works
director, did you come to know Bob Poster who is the
respondent in this case?
A. Yes. I had sonic interactions with him.
Q. Are you able to describe what lie looks
like?
A. Ican,sure.
M ro t, sn;nt i'
John McKenzie
February 16, 2011
Page 0
1
2
s
6
7
a
5
to
a
12
13
14
Is
16
17
1a
19
20
21
22
23
24
25
During snow removal he would pull out in

front of the snow removal equipment causing thorn to
take evasive action.
We would get phone calls from hill)
complaining-- I would get phone calls and
voicemnlls from him, complaining about mad
construction activities that impacted his business
and how unhappy lie was with those activities.
Q. Loin going to address some of those one at
a time.
A. Sure.
Q. Can you explain what it menus to go
through a stop paddle?
A. Sure. When we are doing
MR. WESSON I didn't hear that
question. Con lie explain lvhnl?
MS, MEISEN-VBHRS: Wbnr it means ago
through a stop paddle.
MR. WESSON: A stop paddle?
MS. MEISBN-VBHRS: Yes,
MR. WESSON: A stop paddle, What are
you talking about?
MS. MEISBN-VBHRS: Well, that's the
quuestion.
MR. WESSON: What's a stop paddle?
Exhibit 26
(2) Pages 5-8
Page 3
Exhibit C Page 3
Jul. 9. 2012
2:41PM
P. 27
No. 1641
Perpetuation
Hughes, et al. vs.

Foster
Page 11
MS. MBISEN-VBHRS: I ant going to have
Jelin explain dial.
THE WITNESS; Let me know when I can
a begin.
5 BY MS. MEISFN-VBHRS:
6
Q. Go ahead.
7
A. Okay. During road construction, when we
a have to shut down a travel Inne so that crews can

9 work on the Not safely, we position Baggers at
10 ellherend,
14
And they have -- you've probably seen

them, people standing out with poles that are 6 feel
tall that have l4-inch stop signs on one side and on
the other side of that paddle is it slow -- enlarged
1s
slow warning paddle.
16
17
We coil those slop paddles, And those are

to direct vehicles when it is safe to proceed And
under the direction of those Baggers so that the
crews can work safely in the travel lops.
Solo answer your question what it means
to blow through (he slop paddle is is when the
Bagger communicates and when n certain amount of
vehicles go past, we stop traffic in one direction,
let it clear, and then we allow traffic in too other
direction to Bow to keep continuity of traffic up
11
12
13
1u
19
20
z1
22
23
24
25
MR. WESSON: Hannah, I have a question

In old of my objection. Just one question.
MS. MEISEN-VBHRS: Okay.
MR. WESSON; Old you see Mr. Poster
blow these slop peddle signs?
THE WITNESS: Yes.
MS. ME[SBN-VBHRS: Well, I believe-MR. WESSON: I couldn't hear him,
tialnlnll.
THE WITNESS: Yes, I did.

MR. WESSON: Did he answer or not?
THIS WITNESS: Yes, I did.
10
11
12
MR. WESSON: Okay.

BY MS, MEISBN-VEHRS:
is Q. Okay. How often did you observe Bob
13
14
x6
17
1g
19
Foster driving through a stop paddle?

A. Once -- myself, once personalty, but I
received multiple complaints from any staff,
MR, WESSON: Objection, So you only
20 saw hint doll once?

THE WITNESS: Correct.
21
MR. WESSON: All right.
22
23 BY MS. MBISBN-VEHRS:
Q. Now, moving on, can you explain what in

za
an means to dart out In Front of a snowplow?
Page 12
Page 10
1
and down Ike road.
At certain points we have to cut off cars

so that we can keep continuity and as we rotate the
A. Sere. During-- the one observation l
made was, as we were removing snow on Bcovcr Drive

going north of Sunriver Village towards Circle 11,
a about halfway up the road we observed Bob's truck

s stopped at an intersection.
a sign from slow to atop. Bob would continue to drive

s post, Ignoring the stop sign that was being
As we oppronched within 50 to 100 feet of

that intersection, Bob pulled out in front of us And
displayed by the Bagger, That's what is meant by
blowing the stop paddle.
Q. And did you on occasion personally observe

Bob Foster blowing through the stop paddle?
e turned left causing any driver to take evasive action
to
i1
A. Yes.
9
10
Q. Did that put you or your employees in
ii
12
danger?
12
13
MR, WESSON: Objection. Calls for

speculation. Go ahead and answer the question, but
13
14
15
1 have an objection.
16
MS. MEISBN-VEHRS: That is fine.
BY MS. MBISEN-VBHRS:
Q. Go ahead, John.
to
A. Yes, If vehicles aren't following the
19
ao direction of the flag safely crews, then the people
al performing the work Pro assuming one thing Is going
17
22
23
24
on when something else is going on. With their bock

to traffic at times, It Is an unsafe situation. We
like to know where the vehicles are at and how they
as are proceeding.
.Ihit;. eritd4:,
by slnmmuing on the brakes and then the snowplow

tripped and pulled us towards the shoulder.
Q.
Did the put you his dangerous situation?
A. Yes. When you have a 20,000-pound -MR. WESSON: Objection. Calls for n
to conclusion.
is BY MS. Me1SBN-VBHRS:
Q. You can answer,
16
i, A. Yes. When you have a 20,000-pound truck
18
19
20
21
on it snow-covered road that has to slant on their

brakes, you know, it takes u long time for us to
stop, and when you're being pulled towards the
shoulder, It creates on even more dangerous
as situation.
23
24
25
Exhibit 26
Q, Did you see Me. Foster observing the

snowplow?
A. Yes. He looked directly at us.

(3) Pages 9.12
Page 4
Exhibit C Page 4
Jul. 9. 2012
2:41PM
Perpetuation
Hughes, el iii. vs.

Foster
Page 15
Pane 13
1 Q. Did you over get complaints from your

2
employees about Bob Foster?

A. Yes,
4 Q. Approximately how manyy complaints do you

think you received?
A. More than 20 in niy year and ti half as
7 director,
a
Q, Were the complaints related to safety?
9 A. Yes,
5
Q. Were you ever aware of why Mr. Poster was
a doing that?
MR.IVESSON: Objection. Calls for
3
4 speclllatIon.
5 BY MS. MEISEN-VEHRS:
6 Q. You can answer if you know.

A. Okay. I can relate what was told to me
7
e during due approval process.
MR. WESSON: Objection, No hearsay.
MR. WESSON: Related to who?
to BY MS. MBISEN-VEHRS:
11
MS. MBISfN-VEHRS: Safety.
1r
12
MR. WESSON: I'm sorry, Hannah. Did
12
13
10
13
14
is
P. 28
No.1641
you any Stacey?

MS. MEISBN-VUHRS:'fheir safely.
MR. WESSON; Oh, solely. Ijust
Q. Were you over told by Mr. Poster why lie

was doing that behavior?
A. No.
14 Q. Okay. I'm going to move on. Did you ever

Is
have it conversation with Mr. Foster at the local
16 couldn't hear. I understaid now, Go ahead.
16 grocery store about his behavior towards your crew?
BY MS. MBISBN-VEHRS:
1e Q. Did you ever observe Mr. Poster parked
17
17
19 behind the Sunriver Owners Association

20
21
19
to start that conversation?
A. Best of my recollection was that I was

20
21 gelling lurch at ilia country store and Mr. Poster
administration building?
A. Yes.
az approached ilia with some complaint about the slurry
22 Q. About how often did you see him back

23
A. Yes.
18 Q. Can you recall what Mr. Poster said to you
23 sealing Operations that were going on at the time.

1 told him that I really wasn't going to
24
25 enterinin any of his complaints at the time until he
there?
24
A. Tluee or four tines.
as
Q. Did you ever see him speed out of [lie
Page IB
Page 14
I
could demonstrate that he could act sorely around my
crew.
3 Q. About how ninny times?

4
A. I observed it once.
s Q. Did you ever see other members of the
i parking lot?
A. Yes,
S that lie could do anything lie wanted because of his
6 community doing similar behavior?

I A. No.
9
Q. Was there a lime (hat you posted signs in
9 back of the Sunriver Owners Association
to administrative building?
it
A. Yes.
12 Q. Can you remember what the signs said?

13
A, To the best of my recollection, they said
14 Sunriver SROA vehicles only. Something to that
Is effect. I may not have the exact wording correct.
16 It's been quite a while.
I7
Q. Why did you post those signs?
IS
A. In direct --It was a direct action of
19 Mr. Foster's parking behind the building or-!o there's a small drive on Ike south side of the
u administration building.
12
Q, So it was to address the problem of
13 Mr. Foster parking in the back?
14
A, Yes. And on that access road on the south
is
end of Ike building.
T11nI ldiu ipt9s
He said something, WWch I don't remember,
a but -- and then as lie was walking away from me

connections III the community.
At Ihnl Ibile I basically (old him Ih01 it

7
a lie was going to have that altitude 11101 If any of my
9 crew were hurt then I would deal with it myself.
10 And at (hat point he walked away.
And (ion hint conversation was related to
11
12 the general manager of (lie Sunriver Owners
Assocla(lon.
Q. Let one clarify a bit. Did you tell
is Mr. Foster Ihal your crew was instructed to report
16 complaints to the Sunriverpollce?
13
14
17 A. Yes. Yes, ma'am. They were also

in instructed not to engage with hinn.
Q. Okay. So did lie have a response to your

19
20 comment that you were telling your crew to report
21 his behavior to the police? Did Mr. Poster have n
2z
response?
A. Best of my recollection, that is when the

23
24 comment came on that lie wasn't worried because he
25 had connections in the conununity.
Exhibit 26
(4) Pages 13. 16
Page 5
Exhibit C Page 5
Jul. 9. 2012
2:42PM
of nl. vs.
Pei Pei on I [on

Pago 19
Page 17
Q. Did he explain M inn Iliose coiineciions
were?
3
A. No.
a Q. Did you kiiow what he meant by that?
5
A. I hod assumptions.
6
Q. Well, what did you Think he meant by that
7 at the time?
a
MR. WESSON: Objection. Calls for
1
Q. Goalmad,John.
A. Can you repent the question one more tittle,
Hnnnnh?
Q, Did you believe at the (tine that you were

serving as director of public works tint Bob Poster
6 was capable of hurting somebody on your crew?

A. Yes.
Q. Was that based on the behaviors that you
10
speculation. That's truly an objectionable

question, Hannah. What do you think?
personally observed from him?

to A. Yes.
i1
BY MS. MEISEN-VBHRS:
11
12
13
Is
Q. Just a second, John. Don't answer flint
12
just yet.
is
13
MR. WESSON: If you asked do you know.
That might be a better way of asking the question
16 but-17
1s
MS. MEISEN-VEHRS: Prank, your

objection is on the record. That Is fine.
14
is A, Yes, We did make some reports to the

ie police.
1a
MR. WESSON: In aid of my objection,

haven question, Hannah.
MS. IvWISEN-VEHRS: What Is it?
19
20
12
Q. Okay. John, did you -- at this time in

your tenure as public works director, did you
believe that Poster had the ability [o hurl one of
27
ra
re
your crew members?

A. Yes.
MR. WESSON: Objection. Calls for
al
Q. Did you report your concerns about Bob

Posner to anyone at the Sunriver Owners Association?
A. Yes. The general manager, Bill Chapman.
Q. And did you report them to the police?
17
19 BY MS. MEISEN-VBHRS:
20
MR. WESSON: When did you report your
21
opinion flint he could hurt people to Ille. Sunriver
22
Police Department?
23
MS. MEISEN-VEHRS: I think your

putting words In his mouth. 1 think lie reported his
24
as concerns but, John, go ahead and answer when you

Page 20
Page l0
speculation.
MS. MEISEN-VEHRS: This Is about his
belief at the time about whether Poster was capable
of hurling somebody. That's relevant.
MR. WESSON: A human being can hurl a
human being. What has that got to do with this
case? There's been no charges filed by the Sunriver
Homeowners Association against Bob Posner, You are
just trying to trump up charges, Hannah.
MS. MBISBN-VIIHRS: Well, this case is
about Mr. Foslerk stalking behavior, so it is
absolutely relevant to this case.
MR. WESSON: What has safety go[ to do
wllh stalking behavior?
MS. MEISEN-VEHRS: What do you think
they are afold of? That's the ultimate question.
Now, if Posner was displaying behaviors that he was
capable of hurting somebody, than that Is relevant
and he can answer of his own belief about That at
the time based on his observations.
MR. WESSON: Well, again, I object for
all the reasons! have stated.
MS. MEISEN-VBHRS: Okay, That is
fine.
llbr-U-:icriprT
P. 29
No.1641
a
3
4
made your reports.

THE WITNESS: As 1 stated earlier, we
made reports when he didn't obey the stop paddles,

and we explained what stop paddles were earlier.
a You know, [hose are legitimate safely concerns.

6
7
MR. WESSON: I just want to know when.

February 12th? July 31st? December 25? When did
a you report them, and the year, by the way?
THE WETNESS: The year would be 2007.
to I can't give you an exact data from three and a half

11
years ago. I don't think I can give you (ha! exact
12
date.
13
MR. WESSON: Thank you.

14
1s
Q. The year is fore, John.
16
A. Sure.
17
Q. Did you ever observe Bob Foster
in intemrpling a traffic stop that was being conducted

19 by the Sunriver police?
20
A. No.
21
22
23
24
2s
Exhibit 26
Q. Did you ever see or heor Bob Foster

yelling at the Sunriver police?
A. No.
Q. Okay. Do you have file statement in front

of you that you prepared?
(5) Pages 17 - 20
Page 6
Exhibit C Page 6
Jul. 9. 2012
2:42PM
Perpetuation
et al, vs.
Page 23
21
1
1 questions . Lei's just pick up right where we were.
A. I do.
2 Your documenl -- what's the exhibit number by the

3 way , Hannah? Hannah , what's the exhibit number?
MS. MEISEN-VEHRS: Well,! haven't
4
s given It an exhibit number because it hasn't been
6 entered into evidence.
MR. WESSON: You're going to save it
7
a for trial . Right?
MS. M21SEN - VEHRS: Yes.
9
2
Q, Okay , Does (lint statement at the top say
3 Slntemenl Regarding My Interactions wllh Bob Foster
a as Director of Pablle Works for Sunriver Owners
s Association?
6
A. It does.
7
Q. And hint's four pages long?
a A. Yes, ma'am
Q. Pitt you draft that stnlemenl yourself?
9
to A. Yes, ma'am.
11
Q. And was [lint based on your recollection-12 your independent recollection or the events that
13 happened while you were public works director?
14
A. Yes, ma'am.
1s
Q. And is that an accurate reflection of your
16 memory?
17
is
A. As best as It can be, yes.

MS. MEISEN-VEHRS: Okay. So I'm gohng
ig to submil to enter Itiat document into evidence.
20
P. 30
No. 1641
MR. WESSON: Well, I'm going to object
21 to the introduction of it into evidence because It

22 contains nunnemus examples of hearsay.
z3
And he says its accurate. How does
24 lie know its accurate when lie is reporting what
25 other people told him?
(Off-the-record discussion.)
to
11
EXAMINATION
12
13 BY MR . WESSON;
14
is
16
17
Q. All right. I've got some questions about

this statement, Mr. McKenzie.
A. Uh-huh,
Q. Did anyone ask you to prepare this
1e
19
statement?
2e
21
22
23
24
2s
A. Yes.
Q. Who nsked you to prepare it?
A. SunriverPollceDepartment.
Q. Who specifically at the Sunriver Police
Deltdment?
A. I believe it was Sergeant Patnode.
Q. And did lie discuss -- did you discuss with
Page 24
Page 22
t him what the slatemenl should contain?
2 A. No.
Q. Did you review the statement with Ida
3
e before you finalized It?
So! queslioll the veracity of the

documenl in general. Par example, he talks about
there are phone calls and voicemails received
multiple limes during my time as director. so that

means those phone calls were between Deccnmberof'06
and June of 10K, and the pertinent Issues pertaining
to Mr. Poster occurred just prior to June'08, and
s A. No.
most of Ihls stuff that he has testified to -- the
slurrying of the roads and so forth -- occurred In

'07.
So this document Is fraught with
Inaccuracies, inconsistencies, and hearsay evidence,
sot object to it.
MS. MEISEN-VEHRS: Well, my only
response to that would be that lie has testified as
to the details dint are contained in this document,
and lie has testified as to (lie veracity of the
document, but we can just leave that for trial and
(lie judge.
So I have no further questions right

now, John.
THE WITNESS: Okay.
Q. And when you finished preparing it, (lid
7 you send it to him?

A. I faxed it to the Sunriver Police
Department.
to Q. And were you asked to make tiny revisions
11 to it?
12 A. No.
Q. Did you fox this on May 13, 2010, at about
13
14 9:19 in the morning?
A. I believe was the 13th of May. 1 can't-1s
16 Q. May 13th,2010?
17 A. Yeah.
Q. All right, Let's see. Bear with me. I'm
to
19 just looking to -- How many direct conversations did
20 you have face to face -- not over the phone -- with
21 Bob Poste during the year and a half that you were
22 there?
A. One face-lo-face interaction.

MS, MEISEN-VEHRS: Frank, do you have 23
24 Q. And when was that?
any questions?
A. That was the Incide n t in the Sunriver
MR, WESSON: Yeah, I do have some
25
dill-I; it flpl ~ , :,
Exhibit 26
(6) Pages 21-24
Page?
Exhibit C Page 7
Petitioner ' s Response
Jul. 9. 2012
2:42PM
Hughes, et al. vs.

Foster
John McKenzie
February 16,2011
Perpelunlion
page 27
Pag4 25
17
Country Store.
Q. Okay. So you never had Any other than
that; just that one?
A. Correct.
Q. Now, how many telephone conversations did
you have with him?
A, More than 20 that one summer of 2007.
Q. Thal was the summer of '07?
A. Yes.
Q. And That was dealing mainly with tine
slurrying of the roads. Correct?
A. And the other road construction events,
yes.
Q. So did you slurry all the roads in
Sunrlver that summer?
A. No.
Q. Do you remember the roads that you did
1e
slurry?
15
A. There were approximately 30 cul-de-sacs

that got slurry sealed.
Q. Cad-dc-sacs? How about mule roads, like
Deaver Drive or Cottonwood Drive?
A, We did overlay oil River Road That summer.
There was a few other projects. I don't remember
exactly what they were.
1
2
3
a
5
6
7
e
9
10
11
12
13
16
15
16
20
21
22
23
24
25
called?
MR. WESSON: None of your business.

MS. MEISBN-VBHRS fin not going to
ask what you talked about, but I have a right to
know if you're getting information from somebody,
from some outside source.
MR. WESSON: I'm going to move oil with
any questions.
MS. MEISBN-VBHRS: All rigid, We will
[elk later.
DY MR.IVESSON:
Q. Let's see here, Did you make a record of
those 25-plus phone calls that sunnier of 2007?
A. No.
Q. Did you make any personal reports to the
Suurlver Police Department yourself?
A. Concerning?
Q. Bob Foster.
A. Yes.
Q. When did you make those reports?
A. During 2007.
Q. Do you know when during 2007?
A. That's almost four years ago. I could not
give you an exact date. Those -Q. (Inaudible) of those phonic calls?
s
4
s
6
s
9
10
it
12
13
14
1s
16
17
1s
19
20
21
22
23
24
25
Page 2a
Page 2a
in
11
Q. So ill ask you more questions here. Let

me see here. I am asking questions. I've got to
call you back, Goodbye.
So my wife called me on my cell phone, so
forgive me.
A. I understand,
MS, MBISEN-VEHRS: Frank, have you
been receiving other phone calls during this time?
MR. WESSON: Occasionally I get n
phone call, yeah.
MS. MBISEN-VEHRS: And who are they
a
9
10
11
12
from?
12
13
MR. WESSON: None of your business.

13
MS. MEISBN-VBHRS: Well, if somebody la
is having conversations with you during testimony, 15
It is relevant.
16
MR. WESSON: That was my wife. Ijust
17
cut him off. So Ilia talking -is
MS. MEISBN-VEHRS: Who else has
19
called?
20
ax
MR, WESSON: Hello?
MS. MEISEN-VEHRS: Are you talking to 22
me?
23
24
MR. WESSON: Yeah. Are you there?
MS. MBISEN-VBHRS: Who else lisa
25
2
3
4
5
s
7
e
9
14
15
16
17
in
x9
20
at
22
23
24
25
Nita.t S,:ripl?'
P. 31
No. 1641
1
2
3
a
5
6
Exhibit 26
A. Not by me. You could Ask Ilse police

department if they made if record,
Q. And who did you talk to at the police
department?
A. The typical person that would Answer the
phone was the officer manager At Ilse police
depnrment.
Q. Okay. The same answer that you gave In
your discovery deposition. Correct?
A. I believe so.
Q. Okay. Do you have any training in mental
licahhcam?
A. No.
Q. Arc you a college graduate?
A. No.
Q. What's the highest education you have?
Are you n high school graduate?
A. Yes.
Q. Did you discuss your testimony with anyone
prior to this deposition today?
A. No.
Q. You had no dIscussion with anyone about
what your testimony might be?
A. No. The only discussion I had was date
and lime.
(7) Pages 25-20
Page 8
Exhibit C Page 8
Jul. 9. 2012
2:43PM
Perpeluntlon
Hughes el N. vs.
Foster
1
2
3
Q. On the paddles -- on life stop paddles, did

you ace any of those violations that you said
Mr. Foster violated -- the stop or slow?
a
5
6
7
I
2
3
I know what you are talking about. 1
didn't know they were called stop paddles, but I

know Ihnl now, and I know what you're talking about.
Did you see him run -- blow past a stop
paddle?
A. Yes.
0
9
Q. I've experienced It myself.

A. Well,l can say-MS. MEISBN-VBHRS: Hold on. Hold on,
Let John finish his answer.
A. Those individuals are trained by one
Oregon Department of Transportation flag program,

and that cbnlculurn always dales that never have
anybody proceed with a stop paddle displayed, so if
you observed that. you didn't observe it by my crew.
Q. And where did you see that?

A. We were on Beaver Drive.
Q. How far away were you?
so BY MR. WESSON:
11
Q. so your crew had that training?
1s
A. Yes.
r3
A. Probably 10 feel.
13
1a
Q. So were you in a vehicle?

A. No. I was standing oil the road.
Q. And usually those people stand in the
14
10
11
12
15
15
17
19
16
Q. And the person that was holding the stop

paddle that day, do you remember who that was?
A. I do not remember, no.
Q. Would there be a record of who that person
17
1s
was That day?

A. Probably not.
19
Q. Is there n chance some might have received

the training and some might not have received the
15
middle or Ille road. Correct?

A. Typical operation, yes.
a4
Q. On this day In question, do you remember

when that was -- the date of Ihut?
A. Ida nor remember the exact dole, no.
Q. Was it a sunny sununer day?
A. It was n spring day, but it was sunny.
Typicnlly all road construction was done before
23
24
a5
Memorial Day.
a5
19
20
21
22
23
20
21
22
Iraiuing7
MS. MEISEN-VEHRS: Objection. Thai

calls for speculation.
BY MR. WESSON:
Q. So nil your people had the training?

page 32
Page 30
1
2
3
4
5
6
7
Q. So you do your road construction before
Q. And is the weather usually sunny or rainy
A. As I said just a minute ago. it was sunny.
13
paddle?
16
17
18
19
Q, (Innudible) were they Sunriver employees?

A. Sunriver Owners Association employees.
Ms. MEISEN-VEHRS: Sorry, Frank,
You're going to have to repent your question,
Q. Okay. And you said--did anyone say

nnylhing to Mr. Foster when lie blew Through the slop
15
BY MR, WESSON:
e Q. Are these regular employees of the
9 Sunriver Homeowners Associnlion?
10 A. By regular do you mean fulltime employers?
7
12
14
Thal's Ilse official title.
A. Central Oregon, take your pick.

Q. All right. The some question: Was it
A. No. It's not possible to do That.

Q. Well, did you make a Dula of his license
plate number?
11
12
13
17
1s
between 2007 and 2006.
a5
16
A. I couldn't hear you. Could you repeat file

quesllon?
Q, Did you make a ante or record of his
.1g
vehicle license plate number?

A. Na.
20
22
Q. The instructions that -- sometimes those

stop paddle people sometimes will led someone to go
ahead even [laugh It says slop. Is that correct?
22
24
as
A. I've never seen that Instance.
..\lira- th:Ar ii l' :
Q. Well. not necessarily full lime, but they

were employees; DOI temporaries or anything like
that?
A. Oh, no. They are regular employees.

Q. All right. Do you remember when it was
Thal the incident with the snowplow occurred?
A. Yeah. it would have been the winter
14
20
a1
23
A. Before they can act as fogme11, yes.
2
4
then?
to We don't do road construction during the rein.

11
Memorial Dny?
A. Yes.
s sunny or rainy?
9
P. 32
No. 1641
21
23
24
25
Exhibit 26
Q. Okay. And what do you arena that Idle

snowplowlripped? What does that mean?
A. Not to get too technical, but you would
have a snowplow that is on an articulating head, and
That head is sensitive to vehicle -- changes in
vehicle direction. And If you have to make an
evasive nmaneuver, that blade call dig into [lie
(8) Pages 29.32
Page 9
Exhibit C Page 9
Jul. 9. 2012
2:43PM
P. 33
No. 1641
Perpetuation
Htuglres, cl iii. vs.

Faster
Pego 33
1
2
3
asphalt during Ihnl maneuver and at that polo it

will act as an anchor and will pull the vehicle to
one direction or the other depending on the position
6
7
MR. WESSON: Okay. What I'd like to

do now is I would like to talk to my client, so I'm
going to put you on hold and get in touch with my
a client, Okay?
THE WITNESS: Okay.
9
10
11
12
13
14
15
16
17
1e
19
20
22
that happened before! was public Works director, so

1 can't speak to that issue.
Q. All right. But did anything like that
happen when you were the director
A. No, no.
Q. All right. Do you remember one of Ilre
7 entrances to Sunriver being blocked or blocked
off because of slurry -- the stickiness of the
MR. WESSON; I've got a line Bashing
here. I'm hying to gel it dealt with Bear with
10
A. Not during my term as director,
11
Q. Okay.
12
A. The Incident you are referring to happened
13 prior tonic arriving.

14
Q. Okay. All right. Let me see if I've got
15 any more questions here.

16
r7
All right. On the Issue of the posting of

the signs behind -- or a sign was posted to tinrit
is vehicles using that particular road around the

19
Sunriver Homeowners Association buildbtg. Correct?
20
A. Correct,
21
Q. Could anybody use it prior to That sign
22 being posted?
23
MS. MEISEN-VEHRS: Objection. Calls
24 for speculaliot.
2s BY MR. WESSON;
Q. So I've got a couple more questions,
Page 36
Page 34
1 Mr. McKenzie.
2
A. LJh-huh,
3
4
s
6
7
1
2
Q. So It was in the spring of'07 that the

road slurrying began. 1s that right?
3
4
A. As every year, yeah, In the spring.
Q. And did you have any Issues with the

slurrying being too soft and getting on cars or
a sticking to the wheels of cars and causing some

9 problems with peoples' vehicles?
MS. MEISEN-VBHRS I am going to
.0
.1 object. That is irrelevant.

.2
.3
4
5
6
.7
MR. WESSON: Well, it is not

irrelevant. It is Very relevant because it deals
with the Issues, and you will no it unfold here in
a ndnnte when I ask the rest of my questions.
MS. MEISEN-VEHRS; Well, go attend and
ask the rest. I'm just staling my objection.
e BY MR, WESSON:
9
13
14
5
A. The intended use of that road was for

s
6 company vehicles.
7 BY MR. WESSON;
Q. But there was no sign saying it Was
n
9 limited to that. Correct?
A. Correct.
10
Q. All right. So there wouldn't be anything
it
12
13
14
115
wrong with someone other than an employee of

Sunriver Homeowners Association using that road?
MS, MEISEN-VEHRS: Objection. Calls
for speculation again. He doesn't have personal
16 knowledge of dial.
17 BY MR. WESSON:
19
Q. There Weren't some issues dealing with

Sunriver having to paint vehicles because of the
slurrying getting on the vehicles?
A. I believe you're referring to an incident
,11ia.1).'iri'i V1
Q. Well, if there wasn't oily sign. I suppose

anyone could use it. Right. Mr. McKenzie?
MS. MBISBN-VEHRS: You can answer
that, but my objection stands.
Q. You worked in That building, didn't you,
19 Mr. McKenzie?
Q. So were there such issues?
.o
A, Not during my term as director. Maybe
:1 before my-:2
or public works?
9 slurry?
as me. All right,

24 BY MR. WESSON:
25
MR. WESSON: He can hear me saying

this, so I'm going to call him. All right? So I'm
going to pill the phone on hold while l talk to him.
MS. MEISEN-VBHRS. Okay. We'll just
lake a short break. We will he here.
MR. WESSON; Don't hang up. I'm just
going to put you on hold.
(Recess: 3:12 to 3:15 p.tu.)
MR. WESSON: Are you There?
MS. MEISEN-VBHRS. We are here.
THE WITNESS; I ant here.
21
2
3
4 of the steering wheel.

5
20
a1
22
23
24
25
Exhibit 26
A. I did not. I worked in the public works

building, which is directly to the south.
Q. How far away? 50 feet? 100 feet?
A, 50 yards.
Q. All right. 50 yards, I50 feet. So who

ordered -- Did you put those signs up yourself, or
(9) Pages 33 - 36
Page 10
r'_,.,,. nn
Exhibit C Page 10
Jul. 9. 2012
2:43PM
airs.
1
2
3
5
6
7
A
9
No.1641
P. 34
Perpehallou
someone from your department?

A. Someone from my department installed the
signs.
Q, Did you know they were going to be
inslalled?
A, Yes,
Q, Who ordered them installed?
A. General manager, Bill Chapman.
Q. Bill Chapman isn't the general manager
anymore, is lie?
A. No.
Q. When did lie leave Sunriver?
A. I think he --ill remember correctly. he
left February of 2008, to the best of my
recollection.
Q. So lie left before you left?
A. Correct.
Q. And when were those signs pill up around
the SROA building?
A. My best recollection was Imo summer 2007,
maybe early full.
Q. Okny. Do you know who the current general
manager is?
A. No. I could tell you who the general
manager was when I loft. but! don't know who the
I Skate of Oregon
ee.
2 county of band
3
x, Roble c.aaldy-Duren, CaR-RFR, a certified
5 shorthand Reporter for the state of Oregon, certify

6 Chet the vltne.. sea Sworn end the transcript g. a
7 true record of the testimony given by the vitnesul
0 that at said ties end piece r reported all testimony
and other oral proceedings had gn the foregoing
10
Matter, that the foregoing tran.orlpt eon.iatin, of
11 3s pages contains a felt, true and portent

12 t"nroript of weld proveedinge repented by e to the
13 bent of vy ability On said date.
if any of the portion or the nitmad requested
14
15 .ay lax of the kreneorlpt of the tL.e of the

16 proceedings, such correotion pngaa are attaohad.
is
17
H14HltO WHEREOF, i have yet .y hand end CaR
10 eoat thin 17th day of rs6eyery 2011, in the City of

19 Epgene, county of Lane, state of Oregon.
Robin Cee.ldy-Duren, csR-RR

can He. 90-0090
Page 3e
1
2
3
d
5
6
7
B
9
LO
11
general manager is.

Q. Who was the general manager when you loft?
A. Bill Pcck.
Q. Well, he Is still the general manager.
A. That's good to liens, That's a good thing.
MR. WESSON: l'nl just looking here, I
think I am done.
MS. MBISEN-VRHRS: Okay.
MR. IVESSON! Hong on. I have no more
questions.
MS. MEISBN-VEi-RtS: 1 don't hove any
questions elilier.
(T1le deposition was concluded
at 3;21 p.m.)
.il. (3.srrlpi;p
Exhibit 26
(10) Pages 31-39
Page 11
Exhibit C Page 11
J uL 9. 2012 2:44PM
No. 1641
P. 35
MICHAEL ALLEN KENNEDY

1
Pon THE COUNTY OF DESCHUTES
3 first duly sworn to tell the truth, the whole truth and
3 JOSEPH PATN0DE,
4
petitioner,
vs.
4 nothing but the truth. was examined and testified as

Case No, 105T0028-Hs
6 ROBERT B. FOSTER,
7
S follows:
EXAJXNATION
6
kespondent,
Q.
(BY HR. WESSON)
Chief xebnedy, would you
a state and spell your name for the court reporter.
8 KASEY HUGHES,
9
petitioner,
10
2 called as a vi tngss on behalf Of Respondent, being
vs.
9
Case No. 105T0027-MS
11 ROBERT B. FOSTER,
12
11
Respondent.
A.
Okay,
It's Michael Allen Kennedy,
10 M-I- C-N-A-E-4, A-L-L-E-N, K-E-H-H-E-D-Y.

q.
You understand I'n going to take your
12 deposition today?
13
13
A.
I understand.
14
14
q.
And it's due to the two stalking orders that
DEPOSITION OF PIIX] iAfL AU EN xrNEDY

N
15
1$ Officers Patnoda and Hughes Filed against Bob Foster.
16 commencing at 9:30 a.m. on Tuesday, June 15. 2010, at
16
17 591 S.X. Hill View Way, Bend, Oregon
17
A.
I am.
18 GENIE L, KELLEY, R.P.R., C.X., C.S.R. 090.0149,
1$
Q.
I'm going to ask you a series of questions
19
19 regarding those stalking orders.
20
20
21
21
A.
I understand.
22
22
0.
if at any time YOU don't understand one of my
23
23 questions, please say so and I will repeat it or
24 gQR F1lc Nb. :
97702, before
7365
Are you aware of that?
be you understand that?
24 rephrase it until you do understand the question.
75
on you understand this rule?
25
APp ARAN S OP COUSIc EL
2 For reddenera :
ROBERT E. FRANZ. JR.. ESq.

730 B Street
Springfleltl, Oregon 97177
4
$ For Respondent :
A.
I do.
q,
IF at any time you don't hear one of my
3 questions, please say so and I will repeat it to ensure

4 that you do hear it.
on you understand that?
FRANK S. WESSON, ESq,

Watson Q ~ arlsob and Swanlund
Suie
9115 SW Oleson Road
7
8
9 Also present :
A.
I understand.
q,
All of your answers must be verbal since the
B court reporter cannot take down non-verbal cues. such

9 as a nod of the head or shrug of the shoulders.
Rg50y
10
11
12
Hughes
3O9eph Fatnode
Robert roster
Do you understand that all your responses must
10
11 be stated in wards?
12
A.
I do,
13
13
q,
You must speak clearly and distinctly, oo you
14
14 understand that?
% N n F x
bTN1INATXAY SW ;
15
SIR. WESSON
15
17 FYNIBITS FOR IQUILLrICATION
18
NONE
EAU
3
f]11J
15
A.
I understand.
16
q,
If you do not knew the answer to a question,
17 simply state you do not know. I do not expect you to

1$ guess or to speculate as to responses.
on you understood that rule?
19
19
20
20
A.
I understand.
21
21
Q.
Please make sure your answers are clear for
22
22 the record so the court reporter can accurately
23
23 transcribe each of the words you state.
24
24
25
25
kennedy
Do you understand that?

A.
I understand.
CASCADE COURT REPORTERS (541) 3855664
Pages I
to
Exhibit b Page I
Jul. 9. 2012
2:44PM
P. 36
No. 1641

1
q.
Please wait until I finish each of my
I your responses today?
2 questions before answering, and I will Wait until you
A.
No, I'm not.
3 finish each of your answers before I ask another
q,
no you have any physical impairasent that may
4 question. In this way the court reporter keeps a clear
4 affect your responses today?
5 record without interruption.
A.
Not that I'm aware of.
no you understand that?
Q.
is there anything that has occurred that may
I understand.
7 affect your responses, like lack of sleep?
A,
Q. we will take a break about every hour to give
9 the court reporter and all of us a chance to refresh

10 ourselves, but if you need a break prior to that time
A,
no,
q,
Is there anything that has occurred -- strike
10 that.
how, changing the subject, tall me what you
11 please request one and wo will take one,
11
12
12 have looked at to prepare for your deposition today.
13
A.
I understand.
13
A. How far back do you Want me to go?
14
Q.
You understand that the deposition will he
14
q.
15 transcribed by the court reporter and that everything
wall, I'm talking about did you look at
15 something In the last two or three weeks -- wall, you
16 said here today will be recorded?
16 didn't know your deposition was going to be taken until
17
17 just a week or so ago.
00 you understand that?
night. This morning x reviewed the subpoena.
13
A.
I understand.
18
19
Q.
Do you understand that at trial all the
19 T pulled up the statutes yesterday that were quoted in
20 testimony given here today Will be available in written
A,
20 the subpoena and familiarized myself with those
21 form and if I ask you a question at trial that I ask
21 statutes,
22 you today, you may be asked to explain or otherwise
22
23 account for any difference in your answers that bay
23 officer Hughes depositions?
24 occur.
24
25
Q.
A.
Did you look at either officer Patnode or
I did, but x think that was prior to my being
25 subpoenaed.
A.
X understand.
q,
Q.
Do you understand that your testimony is being
A.
out I'm not sure about that.
3 given under oath as if you were in A court of law; that
q.
you haven't read them just to prepare for this
4 is you have been sworn to tell the truth and if you
4 deposition?
5 fail to do so adverse consequences could result?
A,
I didn't read them within the last couple days
6 if that's what you are asking.
All right. You haven't --
A.
q. uo you understand each and every one of these
I understand.
9 rules as I've stated them?
0.
And did you read their petitions for the
A.
I'm not sure that I've ever read them
a stalking orders?
10
A.
k do.
10 completely,
11
Q.
you understand that these rules assure that if
11
q,
Who have you spoken to about this case other
12 I ask a question and you give an answer to that
12 than nr, Frank?
13 question, it will be assumed that you understood the
13
14 question as posed and your answer Is intended to be
14 want --
A. Many people. now far -- how much do you
15 responsive as rendered?
15
0.
x went to know who you have spoken to.
16
oo you understand this statement?
16
A.
I'm not going to he able to give you a
17 complete list because like I said it's been many
17
A.
could you read it again, please?
16
Q.
sure. You understand that these rules assure
19 people, Everybody in our organization is aware of this
19 that if I ask a question and you give an answer to that
19 case.
20 question it will be assumed that you understood the
20
q,
okay.
21 question as posed and your answer is intended to be
21
A,
That includes our paid staff, our volunteers.
22 anybody who night be affected by it.

q. what have you -- just give me a general
23
A.
I understand.
23
24
Q.
Are you under the influence of any drugs, such
24 picture of what you have discussed with your paid
25 as marijuana or prescription drugs, which may affect
kennedy
25 staff.
CASCADE COURT REPORTERS (541) 385-5664
Pages 5 to e
Exhibit D Page 2
Jul. 9. 2012
2:44PM
No. 1641
P. 37

I
A,
You are talking about recently, over the last
2 six years this has been going on or what? what exactly
q.
Stalking in general.
A.
Yes. As a setter of fact, we have discussed
when did you discuss it?
3 do you want to know?
3 it.
Q.
5 you discussed With your paid staff regarding those two
A,
I don't know the date.
6 eases,
Q.
well, lot's go -- has it been in the last 12
Q.
A,
I just want to know most recently what have
I don't know that I've had any conversations
7 months?
B recently with paid staff, and I'm not sure it's
A.
Yes.
9 regarding this case particularly. It's more involving
q.
Has it been in the last six months? You can't
10 the entire stalking that Hr. Foster has been doing to
10 look to him for an answer.
11 our department.
11
12
12 don't know, Is that the answer you want?
Q.
so you have talked to your paid staff. Have
A.
well, I dent know, then, The answer is 1
13 you talked to anyone outside the paid staff?
13
q,
I want the truth.
14
14
A.
I was trying to obtain the truth, but if you
A,
Yes. There are volunteers that work for our
15 organization.
15 want me to give you the 'i don't know" I'll be glad to
16
Q. Aro We talking about civilian volunteers?
16 do that,
17
A,
17
Talking about our citizen patrol. We have
q.
I'll help you work it out,

so, was the meeting in the last six months?
16 somewhere around 30 volunteers, They also drive a
18
19 marked vehicle very similar to our patrol vehicles and,
19
A.
I just answered I don't know that.
20 you know, we have given them heads up to be Mare of
20
Q.
okay. All right. And was it in the last
21 your client because he is stalking our officers that he
21 three months -- excuse ma, Pine months?
22 may be a danger to them.
22
23
23 you tell me that?
q,
so he has been a danger to your department for
A,
when was the stalking petition filed? could
24 six years, would you say?
24
q,
Roughly late march of this year,
25
25
A.
Okay. Then it was within the last nine
A,
I don't know how long he has had the obsession
1 with following our officers around, but I just picked
1 months
2 that number as --
3 meeting and Who participated in that meeting?
q.
5o you any "following around." lust describe
Q.
Well, it was a meeting in his office. It Was
4 what you mean by following your officers around.
5 prior to --
A.
wall, he follows the officers while they are
A.
okay. where was that meeting or what was that
5 an patrol, He follows them When they Are off duty in
Q. whose?
7 their personal vehicles, lie stops when they are in
A.
6 traffic stops and interferes with their traffic stops.
B that correct?
gill Peck, You are asking about Bill Peck; is
q,
correct. Heating in Bill peck's office,
10
A.
Right,
11 done, Ile is well aware of what he has been doing.
11
Q.
Nine months ago.
12
q.
12
A,
Well, I didn't say nine months.
13
A. And I'm telling you this is what x know, You
9 He has done a number of things.

10
1 mean you can Ask your client what all he has
I'm asking you.
13
Q.
Roughly.
14 would get a better, more complete picture from him if
14
A.
within the last nine months is what you said,
15 he -16
Q.
17
le
15
q.
okay.
You are wasting time by getting off on that.
16
A.
And that's the answer.
So have you discussed this with anyone else
17
Q. who was in that meeting besides Bill Peck?
18
A,
myself and sergeant Patnode.
19
q.
Anyone else?
20
A.
21
Q.
was Hr. Franz there?
22
A,
No.
23
Q.
was anyone -- was -- I'm trying to think of
besides the volunteers?
19
A.
I'm sure x have, Like I said, I do not
20 know -21
Q.
Well, have you ever discussed it with gill
22 Peck?
23
A.
I don't know if Y've, discussed these stalking
believe that was it.
24 orders, if that's the question, or are you talking
24 the name of the attorney for the sunriver Homeowners
25 about the stalking in general?
25 Association.
kennedy
pages 9 to 12
Exhibit D Page 3
JuL 9. 2012
2:44PM
No. 1641
P. 38

1
Joshua, do you knew the Sunriver attorney's
2 name?
3
q, where were you barn?
A.
I think Josh is right. I don't know his last
4 name,
MR. FpANZI If he doesn't want to answer it, I
3 don't think it has any relevance to where he was born.

4 You can ask educational background.
MR, WessDH I'm going to but I was wondering
Q.
was he in any --
A.
He was hot in Bill peek's office, no. That
6 where you were born,
7 meeting I believe to the best of my knowledge, best of
A.
8 my recollection was between Bill Peck, myself, and
q.
Is that a big secret?
9 Sergeant Patnode.
A.
Well, 'would just as soon -Is it a big secret?
so what did the three of you discuss regarding
11.
30
10
q.
11 Hr. Foster?
11
A.
12
12
A. We had discussed what the next step was to
And 7 --
Don't yell at me.

He FRANZ: Wait a second, Wait a second.
13 preventing him from stalking our officers and what we
13
o,
I would on like you to answer my question.
14 could do to prevent that.
14
A.
I would appreciate you not to Y611 at me
is
15 again,
Q.
whose suggestion was it to file stalking
16 orders?
16
MR, FRANZ: Lot's take a time out.
17
THE WITNESS[ or we will be done.
17
A.
18
q. You don't know?
16
(A
19
A.
19
MR. FpANZ: Back on the record. we are not
20
0. Any other meetings that you and Bill Peck were
I can't answer that,
T didn't file a stalking order,
21 involved in more than nine months ago where Hr. Foster
brief recess was taken.)
20 going to answer any personal information where there

21 could be ties, and next time you yell at him We are
22 leaving.
22 Was discussed?
23
A.
more than nine months ago?
23
HR. wassail: I apologize for that.
24
Q.
Yes.
24
MR, FRANZ: That's fine. Your apology is
25
A.
Yes, I'm sure there were,
25 accepted, by me at least.
Q. Do you have any minutes or notes of those
2 meetings?
q.
(BY MR, wtssoe) z apologize, thief Kennedy.

okay. Let's go to your educational history.
A.
No, I do not.
3 bid you graduate high school?
q,
You said this goes back six years.
A.
A.
I pulled that number out as just a rough, Y
Q. And where?
6 don't know how many years this -- that he has been
A,
mountain View High school, Bend.
7 stalking.
q.
And year?
A. Pardon me?
Q.
You make it sound like he's engaged in an
9 occupation of stalking Yowl' police officers; is that
10 correct?
11
A,
lie has dedicated a lot more time to it than
Yes, I did,
q,
The year?
10
A.
The year was 1960.
31
q.
Do you have any education subsequent to
12 anybody z Would have imagined would be willing to do.
12 finishing high school?
13
13
A,
14
Q. And what is your formal education beyond high
0.
Let be go on with my questions here. have you
14 ever been convicted of a crime?

I have not,
15
A.
15
0. what is your date of birth?
17
A.
Yes, I do.
15 school?
12/26/61,
16
A.
I've got a two-year degree, associates degree
17 in law enforcement through central Texas College, and I
18
Q. Have you ever gone by any Other names?
19
A,
20
Q. Where Were you born?
20
21
A.
21 enforcement?
Mike, short for Michael.
16 have a four-year degree in social science through

19 southern Oregon.
I'm not sure of the relevance of these
Q.
Now, when did you first get involved with law
22 questions.
22
A.
23
A.
Just answer it. where were you born?
23
q. And where was that?
24
A.
Ho. I think that you are -- I`m not going
24
A.
Redmond police Department.
25
q.
That was your first job as a police officer?
25 to --
kennedy
It was the early eighties.
Pages 13 to 16
Exhibit D Page 4
Jul. 9. 2012
2:45PM
No. 1641
P. 39

1
A. Yeah.
was a reserve for Redmond Police
1 police officer?
2 uepartaent.
A.
q.
540.
When did you
4 officer?
A.
I couldn't tell you off the top of my head.
5 My DPSST number was issued when
q, And When did you become a regular police
A. After that I want into the Air Force where 3
6 was a security police.
receive
that certification?
1
was a reserve In the
6 early '80s,
q, Where were you based?
A.
8 course of your employmantt
r was based in Texas and also in Masao Air
9 Force Base, Japan.
q.
Nave you ever been disciplined during the
A.
No, not that T can remember.
10
Q.
so were you honorably discharged?
10
Q.
I'm sorry. I didn't finish my -- the litany.
11
A.
Yes, I was.
11 so you went to Redrmnd, and I just want to know years
12
q,
so when you got out of the Air Force where did
17 and where.
13 you go to work? were you an officer or an enlisted
13
A.
okay.
14 man?
14
Q.
so just take me through that right up to
15
A.
Enlisted.
15 today, if you would.
16
q. what was your highest rank when you finished?
16
17
A.
17 really tell you exact years, I would say somewhere
18
Q. That Was four years active duty?
19
A.
E-4.
It was three and a half.
get an early
20 release in '88 when they were cutting back the forces,

21
bed to choose to reenlist to gat a now assignment or
A.
okay, without the documentation 1 can't
18 around '0, because I think I enlisted in the Air Force

19 In '84, I was at Redmond for about a year, and I think
20 I Went into the Air Force -- I was delayed enlistment
21 so I think I want in the first part of '85 through '88,
22 to take an early release, and T took the early release
22 sometime in '88, and that's when I came back and went
23 so i could go to college,
23 to school from that Period until -- 1990 was when I was
24
24 hired at sunriver. That was March of 1990, I believe.
q, All right, so when did you get your -- you
25 said Central Texas -- what Was it?
25
Q. And you were hired in what capacity in March
A.
Central Texas.
1 of 1990?
Q.
where is that located?
A.
police officer.
A.
q.
In 1990 the police force wasn't constituted as
WE
located in Killeen, Texas, but where Y
4 got my degree was while I was -- there was a -- in
4 it is today, am I correct?
5 Masao Air Forte base in Japan they had an extension
6 campus or Whenever they call it, overseas campus,
6 or not -- 2000 -- I'm not sure of the date, 7002, I
Q.
All right. when did you finish at central
A.
no. we formed a service district in 19 --
7 believe, but that's -- I'm not sure about that date.

9. so Who did you work for from 1990 to 20027
8 Texas? You said you were in the Air Force --
A.
Must have been around '88. I'm not sure.
9 what was the body you worked for?
10
Q,
So You are out of the Air Force, you are back
10
A,
sunriver owners Association Was our employer.
11 in civilian life, where did you go to work?
11 sunriver Police Department was who I actually worked
12
12 for. sunriver owners -- they were part of the sunriver
A,
I took -- finished my degree at Southern
13 oregan state college,

14
q.
13 Owners Association.
And what year did you finish, get your
14
q.
Let so get this straight, The sunriver Police
15 diploma, graduate?
15 Department --
16
16
A.
correct,
17 sure, 'was -- I think my last term was the fall of
17
Q.
-- was part of the Sunriver owners
18 'R9, so I don't knob, if I got my degree at the end of
18 Association.
A.
I would have to look at the diploma. I'm not
it was a department of the Sunriver owners
19 '89 or the beginning of '90,
19
20
Q. Now, do you know what OP55T stands for?
20 Association.
21
A,
21
. Q.
22
q. on you want to tall us?
22
A.
of the sunriver Police Department.
23
A.
Department of public safety standards and
73
Q.
And when did you become the chief?
24
A.
I don't know -- have that date. it's been
All right. Do you have a certification as a
25 about ten years, ten plus years.
Yes,
24 Training.
25
kennedy
q.
A.
And you Were an employee --
pages 17 to 20
Exhibit D Page 5
Jul. 9. 2012
2:45PM
No.1641
P. 40

1
q, When did Bill Peck become the general manager
2 of the Sunriver Owners Association?

3
A.
1 you say supervise, I supervised anybody 1 was working

2 with that I outranked.
Again. I don't have the exact date but I would
All right. When did you become -- you told me
Q.
4 speculate about two years ago,
4 when you became the chief.
Q.
Was he in any capacity prior to that with
6 sunrivery
7
A.
How many police officers are currently
6 employed by the sunriver Police Department?

7
A,
we have -- police officers?
8 department, I believe, is the title. I don't know what
0.
Yes, not counting summer help, dust on a
9 his official title was,
9 year-round basis.
3Q
He was the head of the community development
Q,
oo you know how long he was involved with that
11 endeavor?
12
A.
10
well, we have eight officers, two sergeants.
A,
11 myself. you don't want to know about the summer hires?

12
q.
Yeah, I do now.
13 I think I -- 1 thinks remember his saying that he
13
A.
eight bike patrol, two administrative, one
14 started in 1990 also.
14 full time, one part time, and about 30 volunteers with
15
15 the citizen patrol, so T supervise somewhere around 50
I think he started about the same time I did.
Q. so both of you have known each other for 20
30 years, almost?
16 people.
17
A.
'Two decades.
17
to
0.
so you were hired as a patrol officer
35 sunriver Police Department covers?
19 originally by the sunriver Police Department?
19
That's correct.
20
A.
21
Q. And then you became -- what was the next
All right, what is the territory that the
Q,
our area of responsibility Is the community of
A.
20 sunriver.
21
22 position you hold?
0.
Do you over patrol outside the sunriver Police
22 Department's area of responsibility?
23
A,
corporal.
23
24
Q.
Did you have any area of responsibility?
24 and we -- yeah, I guess the answer is yes,
25
A.
corporals at that time, they Were Just shift
25
q.
who asks you to take calls?
1 supervisors, I Would guess, is the best way to describe
A.
Dispatch will usually dispatch us.
2 them.
Q.
Haw, 1s the sunriver Business Park within or
Q. Then what was your rank?
3 without your --
A.
A.
Q, And how long were you a sergeant?
q,
So do you patrol the sunriver Business Park?
A.
A.
we don't, normally. It's not in our patrol
Sergeant.
I don't have the exact number of years. It
A,
we take calls when we are asked to take calls
It is outside our Jurisdiction.
7 Was -- there was some blurring of that because I
7 area,
B was -- for a while I was a sergeant but 1 was also the
9 assistant chief because we had a part-time chief, to
9 a need for you to?
10 even though T held the rank of sergeant
was
11 performing assistant chief functions, so it was a
it
Q.
would you go there it there was an incident or
10
A.
Absolutely.
11
0.
But who would say please go to sunriver
12 wasn't a clear-cut division during that time period.
12 Business Park?
13
13
0.
then after being a sergeant did you supervise
A.
All of our dispatches, except for the ones
14 people as a sergeant?
14 that our officers -- our office dispatches our officers
15
A.
I did.
15 to come through dispatch.
16
q,
How many did you supervise?
16
17
A,
I --
17 dispatch is but where is dispatch located?
q.
1 mean I understand what the function of
18
Q.
summer or winter,
18
19
A,
Yeah, that's true. Well, they weren't broke
19 department currently.
A.
Dispatch is located in the sheriff's
20 up like they are now. It Was a lot cleaner division.
20
q,
so this cones from the sheriff's office?
21 Right now we have two teams and a sergeant will
21
A.
NO.
22 supervise his team, so you can say a sergeant
22
0.
The dispatch.
73 supervisors four officers.
23
A,
Dispatch -- oesehutes county dispatch center
24
74 dispatches for All law enforcement, all fire agencies.
Back then We worked four tens se our shifts
25 were -- you Would Work with a lot of people. so when
Kennedy
25 ambulance, in the Deschutes County area. They just
Pages 21 to 24
Exhibit D Page 6
Jul. 9. 2012
2:45PM
No. 1641
P. 41

There is restaurants over there the officers
1 happen to he physically located in the sheriff's
2 department.
2 can go over and eat at. There is a store over there
A.
Q.
50 it's a eelti-agency --
3 they can Frequent to get a soda or whatever,
A.
Dispatch center,
q.
A,
Q. who makes the decision to call Sunriver Police
-- dispatch center?
That's correct.
8 Department and send then to the business park?

9
A,
q,
What other businesses are over there besides
5 restaurants and the hardware store?

A.
There is a variety of businesses there, There
7 is auto mechanic stores, there is tire stores, there

8 is -9
q.
Is there a-"
10 dispatchers, They would be -- they would probably get
10
A.
A whole litany.
11 a request from an agancyi for instance, if Deschutes
11
0.
Is [here a fly fishing outfit over there, fly
12 county didn't have a deputy close and there Was a call
12 shop?
13 they Would -- Deschutes county might make the request,
13
A.
14 If it's a life-threatening call, the dispatchers might
14
Q. who provided police to sunriver before --
15 just make the request that we respond there.
15 well, I guess you answered this. Let me Just play it
16
It would depend on -- it would be the
I'm not certain.
Does that answer your question?
16 back to you, make sure s understand it,
Y think so. who covers the cinder Butte Fork,
17
A.
16 Cinder autte -- do you know what s speak when I say the
lb
Q. All of you are employees of the district now,
19 cinder Butte Park?
19 correct?
17
q,
okay.
70
A.
I don't.
20
A.
That's correct.
21
Q.
Who patrols the Lava creak Park?
21
Q.
apt prior to that you were all c playees of
22
A.
I'm not sure. I don't know either one of
22 the homeowners association?
23 those parks.
73
A.
That's correct.
24
Q.
Is Sunriver an incorporated city?
24
Q.
All right.
25
A.
No, it is not.
25
A.
our officers were also commissioned by the
0.
What is it?
1 Deschutes county Sheriff's Department.
A.
It's just a community, unincorporated
Q. As deputy sheriffs?
3 community.
A.
Q.
Do your officers ever park in the Sunriver
Deputy sheriffs.
Na. WISSOH: excuse us for Just a minute,
5 Business Park?
A.
Sunriver Business park?
q.
Yes, no they ever go over there?
7 sunriver Police Department officers arrest people
A.
Absolutely, yes,
9 outside the town of Sunriver?
Q. why would they do that?
10
A. Well, they would go over there to check our
11 mail. They have to park their vehicle to get out and
(A brief recess was taken,)

Q.
(BY Ha. WESSON) chief Kennedy, can the
A.
Yes, they can.
10
Q.
has your staff, your police officers ever
11 ticketed citizens for minor criminal offenses, such as
12 check our mail. When they are taking a call they would
12 a minor in possession, outside the Sunriver Police
13 park over there. We have accounts at stores over there
13 Department Jurisdiction?
14 that if they were to go over to the business park to
14
15 1 believe It's Hammertine, we have
15 offense but it's -- they can write -- officers can de
A.
wall, minor in possession is not a criminal
16
0,
You call it Hammertime?
16 anything any police officer in the state of Oregon can
17
A.
I think that's what it's called. It's the
17 do. which is they can take action anywhere in the state
18 hardware store in the business park.
18 and make an arrest if they have to make an arrest, and
19
q,
That's the name of it, Hanemrtiwe7
19 they have -- have and do write traffic citations if
20
A.
Ilammertime.
20 something occurs in their presence, you know, outside
21
Q.
so if you got a call from Hammertime you Would
21 of Sunriver.
22 go over there?
22
23
23
q.
Yes.
24 llammertime We would go buy something.
24
A.
Thank you.
25
2S
Q.
PO you recognize Hr. Foster, who is here
kennedy
A,
Q.
Not got a call, if we need something from
okay.
Does that answer you?
Pages 25 to 28
Exhibit D Page 7
JuL 9. 2012
2:46PM
No. 1641
P. 42

I today?
2
Q.
So does that --
A,
I don't know if I would recognize him if I saw
A.
r do.
Q.
Have you ever given a deposition before today?
3 him but Y know the name.
A.
I do -- I do believe I did give one many, many
q.
I love this last name. Rhett attler, I
5 years ago,
5 thought I Would get a smile out of you.
6 do you know Rhett Butler?
0. were you a party to the lawsuit or just a
Matt Butler,
7 witness like you are today?
A.
no, not -- again, the name sounds familiar,
A.
I Was Just a witness, I believe.
q,
okay.
q,
Have you ever been accused of lying under
A,
Ro you have something I could associate it
30 oath?
10 with?
11
A.
Ho, I have not.
11
12
Q.
Have you ever given Any testimony under oath
12 that's why I was smiling at Mr. Franz, is clerk Qablo
q,
No. The Rhett Butler I always think of,
13 in any hearings or trials?
13 when he told whatever her noise was "I frankly don't
14
A.
14 give a damned," something like that.
15
q. Have you over sued anybody?
15
A.
Right,
16
A.
He, r have not,
16
q.
officer Casey Hughes, who is sitting here
17
q.
Have you been sued?
17 today, testified under oath that you told him to do
38
A.
no, I have not been sued,
18 quick reports any time he saw Hr. Foster.
19
Q.
Do you know how many vehicles Hr. Foster owns?
19
70
A.
Ho, I do not.
20
21
Q. Do you know who Sohn Selzer is?
Yes, I have.
is that correct?
A,
can't tell you whether that's what he
21 testified to or not.
22
A,
Yes, t do,
22
73
q,
who is he?
23
q.
Yes. old you tell him to do that?
24
A,
He is a resident of SunriVer.
24
a,
I don't believe I put it like that. I asked
2S
q.
iso you knew how long he has been a resident
25 the officers to document every time they had a problem
1 there?
Are you asking me if I did tell him that?
1 With Hr. Foster,
A.
Q. Have you ever known him in Any official
I do eat.
Q. when did you ask the officers to start doing
3 that?
4 capacities?
A.
Q. And why did you ask the officers to start
A,
He -- I can't quote his whole resume, but he
I don't recall.
6 was on the owners association board, he was on the
6 doing that?
7 service district board.
B our officers.
q.
All right. Hoe about Scott llartone, do you
9 know him?
A.
Q.
Because Hr, Foster was harassing and stalking
sir. Hughes testified, and I'& reading from his
10
A.
Yes, I do.
10 transcript of may 21st, 2010, page 47 and 46,
11
Q.
In what capacity?
11
12
A,
He is a resident of sunriver also, and he has
12 Kennedy, told you to do quick reports any time you saw
"Q. Haw, you testified that Kennedy, chief
13 also been on the owners association board,
13 Poster, correct?
14
q. Ron Day, do you know who he is?
14
15
A,
15 way we have the best recollection of the occurrences,
Not well but I do know the name.
16
0.
in what capacity do you know air. Day?
16 yes,
11
A.
I believe he is new again a resident of
17
A, Yes. It's a practice. Absolutely. That
Q. Now, do you treat other people under
18 sunriver, At one point he had moved out of the
18 suspicion the sane way?
19 community and I think he moved back, and I think he has
19
A. Yes.
20 also been on the association board,
20
q.
go you write them up -- write then all up
21
q,
Keith Narrow, do you know who he is?
21 instantly?
22
A,
The name sounds familiar, I don't --
22
A.
Try
23
q. I even know Keith Harrow, He used to own The
23
0. All right. Besides Hr. Foster, who also
24 Trout House,
25
kennedy
A.
okay, then yes,
As
quickly as possible, yes, sir,
24 was on your hit list to follow to make -25
A.
I'm net --
Pages 29 to 32
Exhibit D Page 8
Jul. 9. 2012
2:46PM
No. 1641
P. 43

1
Mr, Franz interrupts,
1 stalking and so forth but he has never been arrested,
MR, FMM2t Wait. I'm going to object to the
2 and I find that curious.

why wasn't he ever arrested, to your
3 form of the question. It's not on his list, hit list.
MR, WESSON: I'd sorry.
4 knowledge? no you know or you don't know?
(BY HR. wE55oN) no you have a list in your
I'M Sorry,
6 department where there are certain people in the
A.
I -- again. x cannot account for what every
6 officer thinks or what has occurred.

7
S business people, that you keep an eye on?
8 arrested by the Deschutes county sheriff's office?
A. Absolutely. people that break the law,
10
Q. Okay. So when did Mr. Foster break the
11 law?
Q.
Are you aware that Mr. roster has never been
7 5unriver community, he they residents, guests or
A.
I'm not snare if Mr, roster has been arrested
10 by Anybody.
11
Q.
That's right and he hasn't, oo you believe
12
A. lie breaks the law all the time.
12 that Mr. Foster carries a Weapon?
13
Q. well, have you over arrested him?
13
A.
no k believe that?
14
A. I have not,
14
q.
Yes.
15
Q. Has anyone in your department ever
15
A.
Yes, x do,
16 arrested him?
16
Q. How do you know that?
17
A. Not to my knowledge, sir,
17
A,
19
q, So he has never been arrested, has he?
to
believe it.
19
A. No, sir.
19
Q.
That's correct, what makes you believe that?
20
MR. FRANZI Wall. wait A second, never been
20
A.
Because I do.
21
Q.
Be you have anything that would cause you to
21 arrested -THE WIYHES51 Excuse me, by 5unriver, yes. I
22
didn't say I know it. You asked me if I
22 believe that?
23 don't have any -- any recollection of other agencies.
23
A.
24
Me, WassON: There aren't any.
24
Q. Who told you that?
Yes, I've been told that he carries a weapon,
25
Q. out -- so do you keep this -- this
25
A.
I believe I've heard it from a couple
1 outlook or lookout, I should say, lookout for other
1 different sources.
2 people that do business in Sunriver?
q. Who?
A. People that commit crimes, but --
A.
Q. well, has he committed any crimes?
4 can't recall who all has told ma,
This has been over a period of many years. 1
A. Yes.
q, what?
5 going out deer hunting. I can see that maybe, but the
A. Disorderly conduct, interfering with a
7 implication is that he is always armed.
Q.
Well, I can see his carrying a rifle if he is
So do you believe he is always arced?
8 peace officer, Menacing, harassment, stalking.
A.
aid I make that implication?
10 any of those?
10
q,
No. I'm just saying that's what it sounds
11
11 like, so is he always erased?
q. Was he ever -- was he ever arrested for
A. No; fortunately for him, no."
12
Q.
(BY MR. WESSON) I'm curious, do you knew why
12
A.
I -- you asked if I believe he is armed and I
13 your officers wouldn't Arrest Mr. roster if they
13 believe he is arced,
14 thought he was breaking the law?
14
Q.
Yeah.
15
A.
Is that a question?
15
A.
I myself am armed. It's not against the law.
16
Q.
That's a question,
16 This is --
17
A,
MR. WEssoN; I'm frisking you,
Okay, You are asking me why they wouldn't
17
18 arrest Mr. Foster if they thought he was breaking a
18
Q.
have you ever seen him with a weapon?
19 law?
19
A.
I really haven't seen him a lot, period.
20
Q.
21
22
A.
20
MR. FMNX; If you know.
21 mind if we take a break?
I can't account for what every officer is
22
MR. WESSON:
23
(A brief recess was taken.)
23 thinking.
24
Q.
Hut you have said there was this list. You
25 have testified that there is a multitude of his
kennedy
While you are looking at that document, do you
Yes,
24
Q.
Go right ahead. Off the record.
CBY MR. WE550N) Back on the record, Chief
25 Kennedy, I want to show you an exhibit which Mr. Franz
pages 33 to 36
Exhibit D Page 9
JuL 9. 2012
2:46PM
No. 1641
P. 44

1 already has. lust take a quick review, quick read of
1 like me to speculate?
2 Exhibit 11 there,
A.
I should have brought my glasses. okay,
3 most recent conversation that you had?
Q.
thief. you had an opportunity to look at
5 Exhibit 11, correct?
Q.
A,
Wall, to the best of your memory When is the
I think to the best of my recollection, I am
5 speculating at this point Just to let you know, I
A.
Yes. It says Eshibit 11,
6 believe I called the District Attorney's office,
q.
Yes, And that's addressed to whom, this memo?
7 although I wouldn't swear to it, after nob roster tried
A,
tome.
8 to follow Sergeant ratnode home.
q.
It's from whom?
10
A.
Officer Tiffany Hughes,
11
q. why did you have officer Hughes prepare this
12 memo?
13
Q.
Do You remember the deputy district Attorney
10 you talked to, who it was?

11
A.
I would be speculating if I did, Most of the
12 time when you call up there you ask for a deputy oA and
A.
I had all of my officers documenting any
13 they give you whoever is available.

14
15
15 PA? The very first time you ever talked to a PA about
q,
Ts there anything illegal in Exhibit 11 that
Q.
when was the first time that you talked to a
14 contacts, unwanted contacts they had with Bob Foster.
16 Hr. roster did?
16 nob Foster.
17
A.
I'm not sure what you are talking about.
11
A.
I couldn't even begin to guess,
18
Q.
You have read Exhibit 11.
18
q,
well, would you say -- let we ask you. has it
19
A.
That's correct.
19 been more than on one occasion?
20
Q.
Does it reflect any illegal conduct on Hr.
20
21 Faster'S part?
22
A.
A.
rye -- as I'Ye already answered, several
21 times T believe I've talked to deputy DA's.

22
Q.
But you can't remember when?
23
A.
No, I didn't write down the dates.
24 any unwanted contact.
24
0.
Do you recall a meeting between Sergeant
25
25 Patnode, officer Kasey Ilughe3, Attorney Hannah
Hell, I can't say What Hr. Foster was doing.
23 She just documented -- what I asked her to document was
q. Now was that contact unwanted?
A. You Would have to ask Tiffany Hughes.
% mmisen-vehrs. Bob Franz, Hugh palsec, Josh Newton and
Q.
She didn't explain to you how it was unwanted?
2 yourself at the Sunriver Homeowners Association?
A.
I didn't question her about it that I recall,
A.
He, I do not.
q.
Da you recall approximately four years ago
Q.
shoring you what's been marked as Exhibit 1-A.
5 telling Officer Hughes that you had a conversation with
5 would you read that, please,
6 a district Attorney regarding Hr. Foster?
A,
okay.
0.
okay. thief Kennedy, you had an opportunity
A. Which Officer Hughes are You talking?
Q.
Good question,
A.
okay, I do not recall that conversation,
8 to look at Exhibit 1-A. Are you familiar with that
Tiffany.
9 document?
%0
q. Do you recall with her husband Kasey?
10
11
A.
11 with mob Foster by sergeant Patnode,
I do not recall most conversations I had four
A.
It appears to be documentation of a contact
12 years ago,
12
q.
Do you ever remember seeing it before today?
13
13
A.
I read these before I put them in my files,
Q.
okay. Do you over recall ever in your life in
14 SYnriver speaking to a district attorney about Bob
14 If it was in that file, then I've read it, yes,
15 Foster?
15
Q.
out you don't remember it?
16
A,
I don't. Doesn't particularly ring any bells
16
A.
That I do recall.
17
Q. All right. so do you want to tell At about
18 it?
19
17 with me.
1E
A,
I've talked to multiple district attorneys
Q.
I want to go back to
I asked you about a
19 meeting, I want to take each year, see if I can help
20 about Bob Foster. I should say deputy district
20 refresh your n4mory regarding meetings with you, Bill
21 attorneys.
21 Peck, and any of your officers to discuss Bob Foster,
22
Q. Yes, when do you recall WAS the most recent
23 one?
24
A.
I believe the most recent one would have
25 been -- you have asked me not to speculate, Would you
kennedy
22
A.
okay.
23
q,
So do you recall any in 2004?
24
A.
I'm not going to -- you have directed me to
25 not speculate and I'm trying to follow your directions
pages 3? to 40
Exhibit fl Page 10
Jul. 9. 2012
2:47PM
No. 1641
P. 45

1 here.
2
Q.
2 STATE OF OREGON
3 don't?
4
A,
CURT IFICATE
That's fine. vol, you resesber or no, you
55.
3 COUNTY Oi PESCIIOTE4
I've had meetings over the years. I could not
4
I, GENIE L. KELLEY. certified shorthand
S tall you the year. I mean We could go through each
6 year but
6 Reporter, do hereby Certify:

That on June 15, 2010, at 9:30 n.m.,
0.
2005. do you ramenber anything?
A,
5ame answer,
8 appeared before me MICHAEL ALLEN KENNEPY, the witness
Q.
2006? 1 just want to see if semathing might
10 trigger as we go through these. 2006,
9 whose deposition is Contained herein] that prior to

10 being examined he was by me duly sworn;
We have --
11
12
NR. PMNrl Just say that you don't reamwbar.
12 machine shorthand and was thereafter reduced to writing
13
THE WITNESS: I don't remember the years or
13 through computer-aided transcription, that the
11
A.
That the deposition was taken dorm by me in
1i dates of any meetings k'VA had regarding Bob Foster. I
14 foregoing represents to the best of my ability, a true
15 can -- I mean I wouldn't even be able to give you good
15 and correct transcript of the proceedings had in the
16 speculation,
17
MR. WESSON:
16 foregoing matter.
All right, I want to -- if you
17
19 minutes,
L further certify that x am not an attorney
18 for any of the parties hereto, nor in any way Concerned
18 guys would just please sit tight for three or four

want to visit with my client and we may be
19 with the cause.

PATEO this 15th day of June, 2010,
20 through, or I may have one or two more questions, If
20
21 you will just bear with us,
21 In Bend, Oregon.
22
(A brief recess was taken.)
23
MR. WESSON:
22
okay, That's it, Thank you for
24 coming.
25
23
24
Mn. FMNZ:
Thank you.
GENIE L. BELLE
cN, CSR
Registered professional Reporter
75
42
1
(Geposition concluded at 10:34 a.m.)
2
3
4
5
6
7
a
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
74
25
Kennedy
pages 41 to 43
Exhibit b Page 11
Jul. 9. 2012
2:47PM
P. 46
No.1641
02/07/2011 1424
PAGE 03/03
SRPD
5416931970
'"'to
In the
Court of the State of Oregon
CIRCUIT
For the County of eschuhea

...................................................................
..... ...
No,..OT 9 9 27 M..
...
PMfntlll
ROBERT 13. POSTER

..................................................................
CIVIL SUBPOENA
...............................
'Delendam
CHIEF MICHAEL KCNHICP3f

You hereby
are requlred to appear In the above entitled court of Room No, ..,a ................ of rho county court
County in the city o f

.............. Oration on the
houso of ............DP..A.v hukexs
..a.
.. 75:_c..-...,
...,.. ....
~ ...: day ol :..,.r'. m,.. r sY ~xy .......
9:t :- -:o~b~ck :6f to entityy as a wlfnoaa in
:. .,. ,,, at ..:-.
69xt D..FOStoX
_
the above entitled cause on babel ! of the followlng named eaty(
ties): .......................
......................
.............:....................................................................................
. e Pand to remain until the festlmony is closed unites you are
sooner discharged. Al the and of each day's attendance you may demand of mid parey(lea) or their attorney the
payment of legal witness lees for the next following day and it not then paid, you arc not obligated to remain longer
in attendance.
Y ou are commanded to bring with youm ...................................................................................................
.................-..............................................
......:...........................................................................................................n,......,..,...............
/
t /asuad By:
naiad ... Fr<hruary 4 ,
py2O11
Q~
7?z'snk
e Il npplteeblt , fill broke, papa". daewn . ,et, .r rengfblo Jet,Ipi 1i any

the title of the document. I.e. CIVIL SUBPOENA DUCKS TECUM.
...
......................
'Weson, 092 No. 901341
ic.me no titled , ch. word[ DUCKS 7ECUM theuld be added to
t A n.bpoena a,ay be Ant e d In blank by the clerk of the wart in which the Eden ft p.eaing , or If there It no clerk, than by a Judge or
jurdca of rueh togttl or It easy be lamed by an attotmy el record of the petty to clip radon In whom beh.11 the wirn.a IN "gulled to
Rppe.r. S.. Once Rule SS C. (l)
I hereby tea-thy that the loregoing he a complete
cause as
the same
and exact copy o he original subpoena in
ilia above entitled
appears In my hands for service,
d on.. .eo F
j30i00
STATE OF ORE QON. County of.
19r1f.?3 A"
I h...by cattily that I Mired rho within e ,.bpo.pa on the
Mileag e.
Tonal
. 5. QO
35 .00
a"""" - ""
...-
tynnnk ..cl. WaASOn. .. OS$ ~ Nn... 9:07:391 ...
Witness Ice . , ,
...
.
; N
. ...
O // ..
.. , on
i't
,r,~
`y. ~- -- .... day

the within named
Afl CSW)
and giving or eliding n him/hit
as
by he elleg to (he lad n n d tharea(
(wee laid w e) to wefoh ,,, do lis1114nd d for
to the tome iItaly
iro fhe err end mlha (eta
teen! m .S t Lam flit pMre dedg
d In laid aabpaana and per dote euoWanM1:
that I am a epmpartar patron
M a. at to
Weeeon 6 Duhosn
12725 SW 66th Avenue, Suite 101
.:Poxkland , OR., - 9.7223
(503) 2925122
. ..-_ ............. ,,,,,,.,.,
-----..
wn,kV nco onom[ lTN(&cal w ...X[v
~
Cow w[wTY IX Hnal( RLNe[Y
Thu
wnNCiY If 11[oNnro [n ,^w.w
CIVIL SUBPOENA
Exhibit D Page 12
Jul. 9. 2012
2:47PM
02/07/2011 14:24
'"
No. 1641
5415931870
SRPD
P. 47
PAGE 81/03
Sun river Police Department

Post Offlcc 13ox4780 Sunrrvcy OR 97707
15111 593-1014 (54J) 593.1070 filx
Fax Transmission Information
To:
ji n1Jah Meisen-Yt
From
Mk&nved
Fax;
541-741-8234
Pages:
Date:
02/07/11
Ref
Exhibit D Page 13
Jul. 9. 2012
2:47PM
No.1641
2V-t\
P. 48
(c4AtJ
DESCHUTES COUNTY SHERIFF'S OFFICE

63333 Highway 20 West Bend OR 97701
Phone: (541) 388-6655 Fax; (541) 389-6835
(
OFFENSE REPORT
Caeec 10-10 -65086
1 of 2
Page:
11:11;55 22 SEP 2010
Report Types CRIM Criminal
Agency' SO
Statusi Cleared/UCR Shift; D Grids 2011
DA Case]6: 0200771
Detail: X
Face: Y
Approved; All:. Y
Distribution,
[] DCSO
[I DA
Reported Date/Time: 09/10/2010 12;19

Occurred Date/Time; 09/10/2010 11;45
Offense codes,
VCOM VIOLATING COURT'S STALKING PROTECTIVE ORDER (163.750(M)) [1 COUNT]
Location of Offenses 56896 VENTURE LN LAPINE OR 91739
Names, Person types, and Information,
WOODMAN, DEP JASON (705904)
DCSO PATROL
ARRESTING OFFICER (AROF)
Employer;
FOSTER, ROBERT BENJAMIN (96107) ARRESTED PERSON / PHYSICAL CUSTODY /

DOB; 08/31/1959 POE; OR RaceSex: WM Height:
LODGED (ARR)
DL][; 3546291 OR
Eyes: BRO
Hair: BRO
511
Weight: 170
Address; 56789 STELLAR, BEND OR 97707 Mail; PO BOX 3833,
Employer: TUBS ALIVE
SUNRIVER OR 97707
Phone; (541) 593-2386
Addr; 108B VENTURE LN Ph$: (541) 593-5163 Arrest DL; 09/10/10
Tm; 15:25
VICTIM (VICT) Mail: PO BOX
HUGHES, OFCR KASEY SAMUEL (559342)
Employer: SUNRIVER
DPSST/DA]]: 40208
4154, SUNRIVER OR 97707
PD
BEATY, SGT PATRICK JASON (244531)
Employer: SUNRIVER P D
KENNEDY, CHIEF MICHAEL (142137)
Employer: CHIEF SUNRIVER PD
WITNESS (WITH)
WITNESS (WITN)
DPSST/DA#: 31357
DPSST/DA]]: 16573
ARA'S:
WITNESS (WITN)
CONTRERAS, ORLANDO JOHN (406202)
CONTRERAS,ORLAND CONTRERAS, JOHN ORLANDO BOB: 05/30/1962
Hair: BRO Eyes; BRO
Weight: 220
RaceSex; HM Height: 602
DL][; 8898222 OR Address; 16892 S CENTURY DRIVE, BEND OR 97707
Employer:
Cell/Other: (541) 419-5584
Phone: (541) 593-7379
CROSSROADS STORE Addr: SUNRIVER Phil 1 593-8767
FESLER, DAVID ALLEN (662845)
WITNESS (WITN)
DOB: 07/19/1985
Exhibit D Page 14
Jul. 9. 2012
2:48PM
No.1641
P. 49
DESCHUTES COUNTY SHERIFF'S OFFICE

63333 Highway 20 West Bend OR 97701
Phone: (541) 388-6655 Fax (541) 309-6835
OFFENSE REPORT
Case: 10.10-65086
2 of 2
Page:
11:11;55 22 SEP 2010
Report Type, CRIM Criminal
Hair: BRO Eyes: BRO
RaceSex: WM Height: 600
Weight: 165
DL#: 7623936 OR Address; 51454 JORY RD, LAPINE OR 97739
Phone; (541) 536-1375 Employer: OREGON YOUTH CHALLENGE Addr:
BEND Ph#; 317-9623
AKA:
CONTACTED PERSON (CONT)
MCKITTRICK, BOND BURGEN (447652)
MCKITTRICK,BURGEN BOND DOB: 03/24/1971 POB: OR RaceSex: WM
Eyes: BRO DL#: 4560471
Height: 510
Weight: 180 Hair; BRO
OR Address; 15850 BUSHEERRY COURT, LAPINE OR 97739 Mail: PO
Cell/
Phone: (541) 536-1676
BOX 4673, SUNRIVER OR 97707
Employer: CROSSROADS STATION Addr: SUNRIVER
Other: 419-5399
BUSINESS PARK
AKA'S:
FIRM / BUSINESS (FIRM)
CROSSROADS STATION, (239395)
CROSSROADS 76 CROSSROADS BP STATION SUNRIVER SHELL CROSSROADS
UNION 76 RaceSex; XX Address; 56896 VENTURE LN, SUNRIVER OR
97707
Phone: 593-8767
ASSISTING OFFICER / DEPUTY /
ZILK, DEP RANDALL CARL (570548)
POLICEMAN (ASST)
DPSST/DA#; 45701 Employer: DCSO DEPUTY
ASSISTING OFFICER / DEPUTY / POLICEMAN
SLATER, DEP KEITH D (593785)
(ASST)
DPSST/DA#: 45959 Employer; DCSO DEPUTY
Evidence report follows.

Report entered by:
JAL 10;54 09/14/10 966
JAL 09:41 09/14/10 966
18:42 09/10/10 702

JW
JAS 18:42 09/10/10 702
Approvals; Face: A9; Detail; A9;

UCR,
ETC.
VCOM
Clearance: Arrest
Premise: 39 CONVENIENCE STORE ( 7-11, CIRCLE K,
DUXX IN MVA , N Cites ;N
Exhibit D Page 15
Jul. 9. 2012
2:48PM
Page 1
No. 1641
P. 50
of 2
Deschutes County Sheriff's Office
Detail Page
Case# 10-10-65086
( ] DCSO
( ] PA
Reported Dare/Time: 09/10/2010 12:19
Occurred Pate/Time: 09/10/2010 11,45
Reporting Officer: WOODMAN,JASON OPSST#
WOODMAN,,7ASON DPSSTff
Arresting Officer,
Arrested:
FOSTER, ROBERT BENJAMIN (96107)
Report by: Deputy Jason Woodman

Dated: 9/10/10
1. Copy of stalking Protective Order

2. Copy of Intake Form
3. Copy of Evidence Form
SUMMARY NARRATIVE:
on 9/10/10 at about 1400 hours, Deputy Zilk and I responded to the Crossroads
Station at 56896 Venture Ln. in Sunriver, OR to investigate a report of a
iolation of a stalking protective order. The victim, Kasey Hughes, is a
.unriver Police Officer. Hughes told me he has a stalking protective order
against Robert Foster. Hughes said Foster has violated the order several times
in the past three weeks and Poster violated it again today. Hughes said he had
details of the other violations prior today written down at his office and he
would get them to me later.
I received a copy of the order from Deputy Slater who said he received the copy
from Deschutes County Jail. The order lists Kasey Hughes as the petitioner and
Robert B. Foster as the respondent, The order is active under Case number
108T0027M8 and states the order is valid until the date of the trial, which is
October 7, 2010.
The order states "It is hereby ordered that Respondent is restrained
(prohibited) from intentionally, knowingly or recklessly having contact, as
directed below, with, Petitioner " The order further explains "contact"
includes coming within 1,000 feet into the visual or physical presence of the
protected person.
Hughes said he, Sgt. Beaty and Chief Kennedy were doing follow-Up at the
Crossroads Station at about 1145 hours. While they were there, Foster arrived
and sat outside of Crossroads Station about 50-100 feet away from where Hughes
was inside the store. When Hughes went outside of the store, Foster got into
his truck and drove towards the rear of the business. Hughes thought Foster
left the area.
ibghes had to interview another employee, John Contreras, at Crossroads Station,
Hughes and Contreras went out the backdoor of the store to speak privately.
Printed: 11,11:55 22 SILL' 2010
By: SRP
Exhibit D Page 16
Jul. 9. 2012
2:48PM
Page 2
of 2
No.1641
P. 51
Deschutes county sheriff's Office

Detail Page
Casefl 1010-65086
When Hughes walked out the backdoor, Foster was sitting in his truck parked
behind Crossroads Station, Foster drove his truck a short distance to the gas
pumps on the east side of the property about 100 feet From where Hughes was.
Poster remained at the gas pumps for roughly 8 minutes while he washed his
After fueling his truck, Foster left,
windows and stared at Hughes.
I contacted Foster at his business at 106 Venture Ln. Suite 110 South in
Sunriver, OR. Foster said he was aware of the stalking protective order and
said he was only near Hughes while conducting business and he left as soon as
his business was done. I arrested Foster for 163.750 ORS, Violation of stalking
Protective Order. I placed Foster in handcuffs and checked them for tightness.
I transported Foster to the Deschutes County Jail and lodged him for the above
mentioned charge.
case closed With arrest.
This is a summary narrative with full report to follow,
FND OE SUMMARY REPORT.
Printedi 11:11:55 22 SP
2010
By: SRP
Exhibit D Page 17
Jul. 9. 2012
2:48PM
No.1641
P. 52
On September 10, 2010, at approximately 1130 hours, I was at assisting

Chief Kennedy and Sergeant Beaty with an investigation regarding a
citizen's complaint at the Crossroads Gas Station on Venture Lane, At
approximately 1140 hours, the three of us returned to the unmarked
patrol vehicle we left parked In front of the store. This patrol vehicle is
solid white in color, with two spot lights, visible emergency lights In the
front and rear dash, and public "E plates." Chief Kennedy and Sgt.
Beaty were wearing uniforms with badges prominently displayed, I was
wearing khaki slacks and a black polo shirt, with my badge and service
weapon on my right hip.
Immediately upon exiting the store, I saw a Bob Foster's white regular
cab Ford Superduty pickup parked a few parking spaces away from the
patrol car. I also saw Foster sitting at a table directly in front of his truck,
and near the front doors of the Sunriver Video Store. Foster appeared
to be writing on a notepad and looked directly at me as I walked toward
the patrol car. I briefly talked with my Chief regarding the remainder of
the Investigation we were at the store for, and I saw Foster get into his
truck and drive around the west side of the building toward the car wash.
At time, I believed Foster had left the area.
I walked back into the Crossroads Store and asked John Contreras to
speak with me outside, Contreras walked with me to a picnic table
located on the northeast side of the building. As we walked toward the
back of the building, I saw Foster sitting in his truck approximately two
car lengths away from me. Foster's truck was still running, and he
looked directly at me. I walked back to the front of the building and
advised Sgt, Beaty that Foster was still In the parking lot, and clearly
violating the stalking order.
Foster pulled his truck Into the gas pumps, which are located thirty to
forty feet away From the picnic table Contreras and I were standing by.
noted the time was "1145" on my wristwatch, and continued talking with
Contreras, At one point, I noticed Foster standing outside his vehicle
staring at me. I also noticed him washing his windshield very slowly,
and Contreras made the comment, "man he's eye-fucking you." Due to
Fosters behavior, Sgt. Beaty approached me and suggested that we
t(
Page I
Exhibit b Page 18
Jul. 9. 2012
2:49PM
No.1641
P. 53
leave. I told Contreras I would talk with him later and cleared the area.
Foster was still at the gas pumps when I left.
Page z
Exhibit D Page 19
J uH 9. 2012
2:49PM
No. 1641
P. 54

I
IN THE CIRCUIT COURT OF TIIE STATE OF ORIGON
FOR Tilt COINTY or DESCHUTE5
3 ]OSEPH PATIIOOE,
1 first duly sworn to tell the truth, the Whole truth and
4 nothing but the truth, was emanined and testified as
Petitioner,
vs.
5 follOwsl
Case HO, 10$10018-N5
0 RVHtRV E. FOSTER,
Respondent.
o KASev IIUo11ES,
ratitionor,
VS,
Case He. t0510027-NS
11 ROBERT n, FOSTER,
(BY NR, WESSON) Chief Kennedy, would you
A,
okay. Yt'a Michael Allen Kennedy,
1011-T-411-A-g-L, A-t-1.-f-11, K-E-11-N-E-O-Y,
11
Respondent,
q,
You understand Y'.t going to take your
12 deposition today?
13
1)
A.
T understand.
14
14
0.
And Its duo to the two stalking orals that
Is
OEPOSIT+OII OF I1ICIIAEL AILED Io1 oY
15 officers fatnode and Hughes filed against 09b Fester,
16 coeeencing At 9110 AM, on Tuesday, June 15, 2010, at
16
17 501 6,M, Hill View Way, Band, Oregon 97702, bolero
17
A.
I Am,
18 GWLE L. KELLEY, R,P,a [.H 6,a,a. 190.0149.
18
q.
+'m going to ask you a series of questions
Are you aware of that?
19
19 regarding those stalking orders.
20
20
21
7A
A.
I understand.
22
22
Q,
if at any time you don't understand one of my
23
23 questions, please say so and 1 Will repeat it or
va you understand that?
24 GNA PILE No. 1 7365
24 rephrase it until you do understand the question.
25
25
Ape M1 Es of gmi3fl
1
2 For pelitinnera :
ppaa
st r eet
springfIeld, oregen .' 97477
4
5 For Resoondant l
7
B
g,
on 3 car son anagswanlund
l ate 3O3
fort'l SW 010re
gon
d
ad
A4
III nE
oxANnuT+oH 9Y I
16
HR. WSSSON
17 f3NI3ITa E0 R IOEIITIFICAYIOII
AB
"oat
xf at any time you don't hear one of ey
3 questions, please say $0 and I Will repeat it to ensure

4 that you do hoar it,
A.
I understand,
0.
All of your answers just be verbal since the
Do you understand that All your responses east
11 be stated in words?
12
15
I do.
q.
10
Re ~ ert Foster
13
A.
9 as a had of the head or chreg of the shoulders,

Ketsy Hughes
Jo sph Patnode
11
1
2
6 court reporter cannot take down man-yerbad cues, such
9 also p r esent s
10
no you understand this rule?
5
~ Aa1
(S
Q.
B state and spell your name for the court reporter.
11
EIWIINATAWI
10
HICIIAEL ALLEN KENNEDY
1 Called as a witness an behalf of Respendnt1 being
~
VALE
PM&
12
A.
i do,
13
Q.
You must speak clearly and distinctly, oo you
14 understand that?
1s
A.
I understand.
16
q.
if you do not know the answer to a question.
17 simply state you do het know. I do not expect you to
18 guess Or to apeculnte as to responses.
19
19
20
20
A.
I understand.
21
21
0.
flange make sure your ensurers Are clear for
22
22 the record so the court reporter can accurately
23
21 transcribe each of the words you state,
24
24
2$
25
kennedy
no you understand that rule?
Co you understand that?

A.
1 understand.
Pages 1 to 4
Exhibit b Page 20
Jul. 9. 2012
2:49PM
No. 1641
P. 55

1
0.
1 your responses today?
please wait until x finish each of my
2 questions before answering, end I will wait until you
A.
3 finish oath of your answers before r ask another
Q. po you have any physical iepaireant that way
4 question, sn this way the court reporter keeps A clear
4 affect
5 record without Interruption,
A.
list that I'm Aware of,
q,
Is there anything that has occurred that may
1 understand.
7 affect your responses, like lack of sleep?
A.
Q. we will take a break about &very hour to give
9 the court reporter and all of us a chance to refresh

10 ourselv*s, but If you need a break prior to that time
Iii, 1'q net.
your
responses today?
A.
He,
0.
IS there anything that has occurred -- strike
In that.
now, changing the subject, toll do what YOU
11 please request one and we will take one.
11
12
12 have looked at to prepare for your deposition today.
13
A,
x understand,
14
0.
You understand that the deposition will to
13
A. now far back do yep went no to go?
14
Q.
wall, x'm talking about did you look at

hell, you
15 transcribed by the court reporter and that evarythine
15 sonethieg in the last two or three weeks
16 said here today will be recorded?
16 didn't know your deposition was going to be taken until
17
17 Just a week or so Ago.
be you understand that?
18
A.
x understand,
25
l9
Q.
no you understand that at trial All the
19 1 pulled up tile statutes yesterday that were noted in
A,
Right, This morning r reviewed the subpoena.
70 testimony given here today will be available in written
20 the subpoena and Familiarized myself with those
21 fern and if s ask you a question at trial that s ask
21 atatt'tgs,
22 you today, you may be asked to explain ol otherwise
22
23 account for any difference In your answers that may
23 officer flushes' depositions?
24 occur.
25
24
q,
A.
old you look at either officer pntnada Or

I did, but I think that Was priep to ray being
2S subpoenaed.
A.
x understand,
q,
q.
tie you understand that Your toetiPony 1s being
A.
out I'm not sure about that,
3 given Under oath as If you were in a court of law; that
0.
You haven't read then Just to prepare for this
4 Is you have been sworn to tell the truth and if yea
4 deposition?
5 fail to de so adverse consequences could result?
6 if that's What you are asking.

A.
0.
00
understand.
you understand each and every one of those
9 rules es I've stated them?

A.
11
0. You understand that these rules assuro that if
'do,
0. And did you read their petitions for the
A.
In not sure that I've evar read they
10 completely.
12 1 ask a question and you Iva an answer to that

11 question. it will be assumed that
I didn't read them within the last couple days
a stalking orders?
9
10
A.
All right, You haven't --
you
understood the
14 question as posed and your answer is intended to be
It
q. Who have you spoken to about this coin other
12 than iii', Franz?

13
A. many people, lieu far -- how much do you
14 want
15
Q.
I want to know nho you have spoken to.
16
Do you understand this statement?
16
A.
I'm not going to be able to give you a
17
A.
could you read it again, ploaee1
17 cowplate list because like I said It's been many
is
q,
surd. You understand that these rules assure
16 people. Kvarybody in our orgagi2ation is aware of this
19 that if 1 ask a question and you give an anawgr to that
19 case.
20 question it will be essuaed that you understood the
20
q,
okay.
21 question as posed and your Answer is intended to he
21
A,
That includes our paid staff, our volunteers.
22 iesponsivo as rendered?
22 anybody who might be affected by it.
23
A.
x understand.
23
24
9.
Are you under the Influence of any drugs, Such
24 picture of what you have discussed with your paid
Z5 as marijuana or prescription drugs. which may Affect
kennedy
0. what have you -- Just give me a 0unarnl
25 staff,
rages 5 to a
Exhibit b Page 21
Jul. 9. 2012
2:49PM
No. 1641
P. 56

A
q,
stalking in general.
A.
Yes, Al n natter of fact, we have discussed
when did you discuss It?
A. You ere talking about recently, over the lust
2 Six years this has been going on or what? what exactly

3 do you want to knew?
3 It,
Q.
5 you discussed with your paid staff regarding those two
A.
I don't know the date.
6 cases,
q.
Well, lot's go
Q. I just want to knew most recently what have
A,
I don't know that rye had any conversations
has it bean in the last 3?
7 deaths?
a recently with paid staff, and I'm not sure It's
A,
yes,
0 regarding this case particularly, It's more involving
Q.
Was it been in the last six tenths? mu can't
30 the do ire stalking that MP, foster has been doing to
10 look to him for an answer.
AA our department,
12
q,
11
so you have talked to
your paid staff. wave
A.
well, I don't know, then. The answer is I
12 don't know , is that the anWnr you want?
1) you talked to anyone outside the paid staff?
13
a,
I want the truth,
14
14
A.
I was trying to obtain the truth, but if yod
A.
Yes. there are volunteers that work for our
15 Want we to give you the "I don't know' I'll he glad to
15 organisation,
16
0, Are we talking about civilian volunteers?
16 do that.
17 A, Talking about our cltiten patrol, we have
17
10 Sopowhero around 30 volunteers, They also drive a
Is
Q.
I'll help you stork it out.
10 narked vehicle very similar to our patrol vehicles and,
19
A.
x just answered I don't know that.
20 you knew, we have given then heads up to be aware of
20
Q.
okay, All right. And was It In the lest
so, Was the tooting In the last six months?
excuse M6, nine months?
21 Your client because he is stalking our officers that he
21 throe Months
22 May be a danger to the.,
22
23
0. so he has been a danger to your' department for
23 you tell me that?
24 six
years, would you say?
25
A,
I don't knew hold long he hp, had the obsession
A.
When was the stalking petition filed? could
24
Q.
Roughly late March of this year,
25
A.
Okay. Than It was within the last nine
10
1 with fallowing Our officers around, but x just picked
1 .ontbs.
2 that nv.bor as --
A.
SO you say "following around."
lust describe
q.
okay.
4 what you .tan by following your officers around.
S prior to --
A,
well, he follows the Officers while they are
0 On patrol.
No follows them when they are off
7 their personal vehicles.
duty in
tie stops Whom they Ara in
0 traffic stops and interferes with their traffic stops.

9 Ire has done a number of things.
10
1 bean you can ask your client whet all he has
11 , lone,
12
q.
Ile is well award of What he has been doing,

I'am asking you.
lI
And I'm telling you this Is what x know, You
A.
14 would get a better, more complete picture iron him if
35 he -16
q.
17
A,
0.
A.
q,
Wkose7
A.
Bill Pack.
It was
You are asking about Bill Pock] Is
6 that correct?
9
0.
correct,
10
A.
Right.
Hooting In alll Pock's office,
11
Q.
nine Reath$ ago.
12
A.
well. I didn't say nine .oaths.
13
Q.
Roughly.
14
A,
Within the last nine months is what you said,
15
q,
Okay,
A.
And that's the answer,
So have you discussed this with anyone else
17
q.
who was in that meeting besides Hill Pock?
10
A.
myself and sergeant patnode.
19
Q.
Anyone also?
I'm sure I have,
Liko I said, I do not
20
A,
I believe that was it,
Well, have you ever discussed it with hill
21
q,
was Hr. Franz there?
22
A.
I don't know if I've discussed those stalking
23
22 Pock?
23
Well, It was a skating In his office,
16
20 knew -21
A.
You are Wasting tine by gutting off on that.
19 besides the volunkeara?

19
Where was that Meeting as' what was that
3 Meeting and Who participated In that meeting?
el.
No,
was anyone -- was -- I'm trying to think of
24 orders. if that's the question, or are you talking
24 the name of the attoi'ndy for the survivor Homeowners
25 about the stalking in general?
25 Association,
konnedy
pages 9 to 12
Exhibit D Page 22
JuL 9. 2012
2:50 PM
No. 1641
P. 57

1
Joshun, do you know the sunriver attorney's
2 name?
3
A,
4 You can ask educational background.

5
6 where you more born.
Ile was not in sill peck's office, no. That
reeelleetion was between Bill rack, myself, an d
9 sergeant petnode,
10
HR. W5S5ol11 I m going to but I WAS wandering
Q. Wee he In any -A.
7 Meeting I believe to the best of by koowladgo, bast of
8 ey
NR, FIWIZI If he doesn't Want to answer it, I
3 don't think it has any relaVMee to Where he Was born,
I chink lash is right, I don't know his last
I name.
5
q. whore were you born?
q,
so What did the three of you discuss regarding
A, And Y -4,
A.
Is that a big secret?
q,
Is it a big secret?
11 Mr. Faster?
10
11
12
12
A, wo had discussed what the next stop Was to
A.
Well, I would just As soon --
Pon't yell at Me,

MR, FRAMZI Wait a second, Wait 0 second.
13 preventing him from stalking our officers and wdiat we
13
q,
1 would just like you to answer my question.
14 could do to prevent tbRt.
14
A.
I would appreciate you not to yell at me
Is
15 again,
q. whose suguestion was It to file stalking
10 orders?
I can't answer that.
17
A,
18
4. You don't know
19
A,
I didn't ill a stalking order.
20
q,
Any other meetings that
you
and bill Pick ware
16
MR. FRM7.: tot's take a time out.
11
TIIE WATHESSI or we Will ba done.
18
(A brief recess WAS taken.)
19
M. FMIIZ: back on the record. We are not
20 going to answer any pars anal information where there
21 involved in more than nine months ago whore Nr. Foster
21 could be ties, and next time you yell at him We are
22 Was discussed?
22 leaving.
23
A, More than nine months age?
23
Na, wE5sONl I apologise For that,
24
Q.
Yes.
24
KR, FMAIIZI That's fine. Your apology is
25
A,
Yes, I'm sure three were,
25 accepted, by me at least,
Q. Do you have any minutes or notes of those
2 meetings?
q,
CBY MR, WESSON) I apologize, Chief Kennedy,

okay. Let's 9O to your educational history.
A,
110, I do not,
I old you 9raduato high school?
4.
A.
You said this Does back six years.
A,
I pulled that number out at just a rough. I
q. and Where?
A,
Fountain view ulgh school, aend,
q,
And year?
A.
Pardon Mel
Q. The year?
6 don't
Phew
how stony years this -- that he has been
7 &talking,
9
Q.
You sake it sound like he's unpaved in an
9 occupation of $talking your police offlcorsl is that

10 correct?
11
A,
Ito lies dedicated a lot more time to it than
Yes, I did.
10
A,
The year wee 1990.
31
q,
On you have any education subsequent to
12 anybody I would have Imagined would be killing to do.
12 flnlehing high school?
13
q,
11
A.
Yes, I d0,
14 ever been convicted of a crime?
1d
q,
old what Is your formal education beyond high
15
15 56110017
A.
Let Me go on with My questions here. Irave you

I have not.
16
Q. what is your date of birth?
17
A,
q, (lava you ever gone by any other nn'es?
18 have a Four-Year degree in social science through
10
A,
19 southern Oregon,
is
12/26/61,
alike, short for Michael,
I've got a two-year degree, associates degree

A.
16
11 in law enforcenent through central Texas College, and I
wow, when did you first eat Involved with law
20
0. where more you born?
70
21
A,
21 enforcement?
2'm not sure of the relevance of these
it,
22 questions,
22
A,
23
Q.
Just answer' It, where Were you burnt
23
0. And whore Was chat?
24
A,
110.
24
A,
nedaond Police Department.
25
q.
That was
25 to --
kennedy
1 think that you are -- I'm not going
It was the early eighties.
your
first job as a police officer?
rages 11 to 16
Exhibit D Page 23
Jul. 9. 2012
2:50PM
No. 1641
P. 58

1
A. Yeah. I Was a reserve for kedsond Police
1 police officer?
2 Dapaptnent.
A.
q, when did you receive that cortiflcauioq?
4 officer?
A.
S It' pr55T number wa s issued when I was a reserve in the
q, And when did you become a regular police
A. After that I Went into the Ail' Force where I
I do,
I couldn't tall you off the top Of my head.
Owes a security police.
O early 'Bea.
0. Inhere were you based?
A.
B course of your euploynont?
I was based In Texas and also In Masao Air
9 roles Base, ]apart.
Q.
have you ever been disciplined during the
A, we, not that

q,
can remember,
I'm sorry, k didn't finish
by
-- the litany,
10
q,
so ware you honorably discharged?
10
11
A.
Yes, I was.
11 so you went to aedwond, and I just want to know years
12
0,
so than you got out of the Air Force whore did
11 and Whore.
13 you go to work? were you an officer or an enlisted
13
A.
okay.
14 wan?
14
4.
so lust take n through that right up to
15
A,
Enlisted,
35 today, If you Would.
30
Q. what was your highest rank when you finished?
17
A.
16
q. That way four years active duty?
19
A.
E-4.
at Was three and it half,
net an early
okay, Without the documentation I can't

A,
10
17 really tall you ewact years. I would say somewhere
18 around '63, because
think I enlisted in the All' Force
19 in '04. I was at nedeond 101' about a year, and I thin
20 release in '8e when they were cutting back the forces.
20 1 went Into tile Air Force -- I was delayed enlistment
21 1 had to choose to reenlist to got a new Assigwant or
21 so I think I went In the first part of 'BS through 'a8,
22 to take an early release, end I took the early release
22 seuetime In '00, and that's when
23 so I could go to collage.
23 to school from That period until -- 1990 was when
24
24 hired at sunriver. That was Watch of 1990, I believe.
q.
All right, se when did you got your -- you
25 said central texas -- what was It?
29
s caw back and want

I
was
q, Md you wore hired in What capacity In March
A.
centpal Texas,
A of 1990?
q.
Where is that located?
A.
Police officer,
A.
It's located In killeen, Texas, but where 1
Q.
In 1990 the police force wasn't conatltutnd as
4 got my degree was while I was -- there Was it -- 1n
4 it is today, am I correct?
5
6 Or not -- 2000 -- I'm net sure of the date, 2002, I
y believe, but that's -- I'm not sure about that date,
q.
All right. When did you finish at central
A.
no. we formed a service district in 19 --
S Masse Air Force ease In 3apan they had en extension

6 campus or whenever they call 1t, overseas campus.
8 Texas? You said you Were in the Air Voice --
6 0. so who did you Work for from 1990 to 2002?
A.
must have been around 'B8. I'm not sure.
9 what was tile body you Worked for?
10
Q.
so you are out of the Air Force, you are back
10
A,
sunriver owners Association was our employer.
11 in civilian life, inhere did you go to work?
11 sunriver Police oepartment was who I actually worked
12
12 for. sunriver Owners -- they were part of the sunriver
A,
I took -- finished ny degree at southern
1) Oregon State college.

14
13 Owners As%Oeiatleh,
q. And what year did you finish. get your
14
q,
Let me dot this straight. The suariver Police
15 oepartment --
51 diploma, graduate?
A.
17
q.
18 '89, se I don't knew if I got my degree at the end of
16 Association,
19 '89 or the beginning of '90.
19
20
20 Association,
16
A. I would have to look at the diploma. I'm not
correct,
30
37 sure. I was -- I think my last term was the fall of
q, Ilew, do you know what DPSST stands for?
21
A,
22
q. be yen want to toll us?
23
A.
Yes.
oeparttwnt of rublic Safety standards and
24 Training.
2S
kennedy
0.
All right. 0e you have a certification as e
use part of the sunriver Ounens
A. It WAS a department of the sunriver Garters
you
were an eaplOyee --
21
Q. And
22
A.
Of the sunriver Police pepartaeht.
23
q,
And when did you become the chief?
24
A.
I don't know-- have that date, It's been
2s about ten years, ton plus years.
Pages 1? to 20
Exhibit D Page 24
JuL 9. 2012
2:50PM
No. 1641
P. 59
I
q, When did hill Peck become the general manager
2 of the Sunrivar Qaners ASSOCiahion7
3
A, Again, I don't have the exact date but 1 would
4 apeculeto about two years ago.
5
Q. was he in any capacity prior to that With
6 subrlvar?
7
A, we was the head of the Commodity Aevelorlo , lt
6 department, I believe, is the title, I don't know what
9 his official title was.
10
0. no you knew how long be Was Involved with that
11 endeavor?
1 12
A. I think he started about the aawe time I did.
13 Y think r -- 1 think I remember him saying that lid
14 started in 1990 also.
1s
Q. so both of you have known each other for 20
16 years, almost?
17
A. We decades.
16
Q, so you were hired as & patrol officer
10 originally by the sinrivol' Police Department?
20
A. chat's correct.
21
q. Md then You became -- what has the next
22 position you hold?
23
A, corporal,
24
q. old you have any area of rospebei61lity?
25
A. corporals At that time, they were Just shift
1 you say supervise. c supervised anybody i was Irorklnp

2 With that 1 outranked,
Q. All right, When did you betide -- You told me
I
4 when you became the chief.
mow many police officers are currently
S
6 employed by the sunrivol' Police Department?
7
A. We have -- pollee officers?
0
q, Yes, hot counting Sumer help, Just on a
9 year-round basis,
A. wall, we have eight officers, two serienotS,
10
11 myself. You don't want to know about the seeder hires?
12
q. Yeah, r do raw,
1)
A, Eight bike patrol, two edisinistrativa, one
14 full time, one part tine, and About 30 volunteers with
15 the citizen patrol, so 1 Supervise sonpwhere around 5o
16 people.
17
q. All light. what is the territory that the
16 Sunrlver police Department covers?
19
A. out. area of responsibility is the coaauetly of
zo sunrlvan.
21
q, Do you even patrol outside the storiver Polito
22 Departkent's Alen of responsibility?
A, we take Calls When we are Asked to take calls
23
24 and we -- yeah, I Duane the answer is yea.
25
Q. who asks you to take tells?
1 auporvlsere, Y would guess, is the best way to describe

2 then.
3
q. Than what WAS your rank?
A. sergeant,
4
5
Q. Md how long hero Vol, sergeant?
6
A. I don't have the exact number of yours. It
7 was -- there wag some blurring of that because I
B was -- fore while I WAS 0 sergeant but i was also the
9 assistant chief becawa we had a part-tine chiaf, so
10 even though I held the rank of Sergeant I ones
I1 performing assistant chief functions, so It Wag a
11
12 wasn't a clear-cut division doling that the period,
13
q, Thon after being A sergeant did you aupetvlse
14 people As a Sergeant?
A. I did.
15
IB
Q. lbw many did you sgparvia0?
17
A. I'in
q, Seeder or winter,
A, Yeah, that's true. well, they weren't brake
19
20 up like they are now, It was a let cleaner' division.
21 Right new we have two teams and a Sergeant will
22 supervise his team, so you can say a sergeant
23 supervisors four officers.
24
pack then we marked four tens so our shifts
25 were -- You would work with A lot of people. se when
I
a. oispatch will usually dispatch us,
2
Q, hew, is the sunrlyer Business Park within 0r
3 without your -4
A. it IS outside our Jurisdiction.
5
Q. so de you patrol the sunrise" Business Park?
6
A, we don't, normally. It's not in our patrol
7 area.
e
Q. would you go there If there was an incident or
9 a need for you to?
10
A. Absolutely.
11
q, out who would say please go to sunrlvor
12 Business Park?
11
A. All of our dispatches. except for the ones
I4 that our officers -- our office dispatches our officers
15 to come through diepatdl.
16
Q. I mean I understand what the function of
17 dispatch is but whore is dispatch located?
18
A. Dispatch IS lotatod In the ellerlfFs
19 department currently.
20
0. so this comae from the sheriff's office?
21
A. Ile,
22
Q. The dispatch.
23
A, Dispatch -- paschutos county dispatch center
24 dispatches for all law enforcement, all file agencies,
25 ambulance, in the heschutes county area, They Just
kennedy
paints 21 to 24
Exhibit D Page 25
JuL 9. 2012
2:50PM
No. 1641
P. 60

A, more is restaurants over there the office's
1 happen to be physically located in the sheriff's
2 department,
2 Can go ever and eat at. There Is a store over there
q.
so it's a mufti-agency --
7 they can frequent to got a soda or whatever,
A,
Dispatch center.
q.
A.
That's correct,
q,
who makes the decision to call sunrlvar Police
7 Is auto mechanic stores, there is tire stores, there
6 utpsrtaent end send them to the business park?

9
A.
they would probably get
A,
e Is -9
q.
It would depend on -- It would Be the
10 despatchers. They would be
Q.
what other businesses are over there besides
5 restaurants and the hardware store?
-- dispatch canter?
there is a variety of businesses there. There
Is there a -
10
A. A whole litany,
q,
Is there a fly fishing Outfit aver there, fly
11 a request iron an ageneyl for' instance, if taaschutos
11
12 County didn't have a deputy close And there was a call
12 shop?
13 they would -- Deschutes courtly night make the request.
13
A.
14 Sr it's a 31fa-threatening call, the dispatchers might
14
q, who provided police to sunrlver before --
I'h not certain,
15 just snake the request that we respond that'*,
15 well, t guess you answered this, tot me Just play it
16
pons that anrwor your question?
16 beck to you, make sure 1 understand it,
I think so, who covers the Cinder aorta Park,
11
A.
Okay.
1s cinder Butte -- do you knew what I speak when T say the
1s
Q,
All of you are employees of the district now,
17
Q.
19 cinder Butte Park?
19 correct?
ZO
A.
20
A.
That's correct.
21
q, who Patrols the Lava creek Park?
21
q.
Put prior to that you were all employees of
22
n,
21 the homeowners Association?
I don't.
t'm not sure. x don't know either one of
23 those parka.
23
A.
That's correct.
24
q.
Is sunlivar an Incorporated city?
24
Q.
All right.
25
A.
110, it Is not.
25
A.
our officers were also Commissioned by tile
Q.
What Is it?
A, We Just a community, uniwcorparated
I Deschutes County Sheriff's pepartmont.

2
q,
3 ceaeanity.
A,
He, w6SSU111 Eseele 0e for Just a minute.

CA brief recess was taken,)
q,
DO your officers over park in the 5unrlver
S Business Park?
A,
q.
Yes, no they ever go over there?
A.
Absolutely, Yes,
q, Why would they do that?
10
sunriVef Business perk?
Deputy sheriffs.
(by HR. WESSO11) chief Kennedy, can the

Q,
7 Sunrlver police pepartment officers orreet people
A, Well, they would go ever there to check our
As deputy sheriffs?
outside the tom of sunriver?
A.
Yes, they can,
10
q.
Iles your staff, your police officers ever
11 nail, They have to park their vehicle to get out and
11 ticketed cltireas for minor criminal offenses, such as
12 check our Hall. when they are taking a call they would
12 a minor In possession. outside the sunrivor Police
13 Park over there, we have accounts at stores over there
13 Department jurisdiction?
14 that If they were to go Over to the business park to --
14
i 15 x believe it's Harmertieo, we have --
A.
wall, minor In possession is hot a criminal
1S offahse but It's -- they can write -- officers can do
16
Q. You call it waaaertimo?
16 anything any pollee officer In the state of Oregon can
17
A.
17 do, which is they can take action anywlhore in the state
I think that's what it's called. It's the
IB hArdaalY store In the business park,
1a and make an arrest If they have to make an Arrest, and
19
q.
That's the name of it, iiawanrtl,ae?
19 they have -- have and do write traffic citations if
20
A,
Ilaamertlme,
20 seeothing occurs in Chair presence, you know, outside
71
to If you gat a call from Ilommertime you would

Q.
22 go over' there?
21 of sunrlver.
23
23
Q.
24 waanertisa eta Would go buy something.
24
A.
yes.
Thank you.
25
2S
Q.
be you recognize fr. Foster, who is liars
Kennedy
A. net got a call, if we need something from

q.
okay.
Does that answer you?
22
Pages 21 to 28
Exhibit D Page 26
uI. 9. 2012
2:51 PM
No. 1641
P. 61

1 today?
de.
Q.
so does that --
A.
I don't know If I would recognize him If 1 saw
A.
Q.
Have you ever given a deposition before today?
3 him but k know the oasis,
A.
I do -- I do believe I did give one many, Many
I love this last name. Ahett Butler. I
q,
smile out of you, Bhett Butler,
5 years ago.
S thought X would get
6 do you knew chest Butler?
Q. wore you a party to the lawsuit or just a
2 witness like you are today?
A.
He, not -- again. the Dome sounds familiar,
A.
q,
okay.
q. Have you over been accused of lying under
A.
to you have something I could associate It
I was Just a witness, I believe,
10 oath?
10 with?
11
A.
110, 1 have not,
11
12
q.
have you over given any testimony under oath
12 that's why x was smiling at Mr. Franz, is clerk cable
q.
No.
The Ahett Butler I always think of,
13 in any hearings or trials?
13 when he told whatever her name was "I frankly don't
14
14 give a dawned," something like that.
A,
vat, I have.
15
0. Have you over sued Anybody?
1$
A.
Right,
16
A,
no, I have not,
16
q,
officer Kasay ughos, who is sitting here
17
q,
have you been sued?
17 today, testified ceder oath that you told him to do
18
A.
110. I have not been sued.
19
Q. Do you knew how many vehicles Hr. Foster Owns?
19
20
A,
20
21
q, Do you know Who John anlxer is?
21 testified to or not.
Ila, I do net.
10 quick reports any Lino he saw Mr. Foster.

to that correct?
A.
I can't tell you whether that's what he
22
A,
yes, I d0,
22
21
q. who is he?
23
0.
yes Did you toll hie to do that?
24
A.
24
A,
25
q. Do you know how tong he has been a resident
lie Is a resident of Survivor.
1 there?
Are you asking me if i did toll his that?

don't believe x put it like that. I asked
2S the officers to docuaent ovary time they had a problon
t "Jill Hr. roster,
A.
Q. Have you ever known him in any official
T do not.
Q. When did you ask the officers to start demo
3 that?
4 capacities?
A.
I don't recall.
A.
q,
And why did you ask the officers to start
lie -- I can't quota his whole resume, but he
6 was on the owners association board, he was en the
6 doing that?
7 service district board.
A our officers,
0. All right, now About seott Ilertone, do you
9 know him?
10
A,
A.
q,
Because Hr. Postal' was harassing and stalking

sir. Hughes testified, and I'm reading From his
10 transcript of Hay 21st, 2010, page 47 and 16.
Yes. X do.
It
q, In what capacity?
11
12
A. He is a rasidant of sunrlver also, and he has
72 Kennedy, told you to do quick reports any time you sew
"q. How, yap testified that Kennedy, chief
13 also We on the owners association board,
13 Faster, correct?
14
q. non oay, do you know who he is?
14
15
A, Net well but I do knew the name,
15 way we have the best recollection of the occurrences,
16
0. In what capacity do you knew Hr. Day?
16 yes,
17
A, I behove he is now again a resident of
17
A. Yes. It's a practice. Absolutely, That
Q. now, de you treat other people Under
16 Sunrlvor, At one point he had moved out of the
1B suspicion the same hay?
19 coatcunity and I think he moved back, and I think he has
10
A. Yea.
20 also been on the association board,
70
0. no you write theal up -- write chess all up
21
q. Keith Narrow, do you knew who he is?
21 Instantly?
22
A.
The name sounds familiar. I don't --
22
A. Try es quickly as possible, yea r sir,
23
0.
I even knew Ka 1th Narrow. Ila used to own The
27
ci.
24 Trout house.
75
kamsey
A. Okay, then yes.
All right, oesides Hr, Fester, who also
24 was on your hit list to follow to make -25
A. I'm hot --
CASCADE COURT REPORTERS (541) 305.5664
pages 29 to 32
Exhibit D Page 27
Jul. 9. 2012
2:51PM
No.1641
P. 62

1 stalking and so forth but he has never been arrested,
Hr. Franz interrupts.
Ha, FMIIX: wait. I'M g01ag to Object to the
why wasn't he ever attested, to your
HR. WESSON[
4 keowledge7 Do you knew or you don't knew?
(BY M. HE5Sa1) 0a you have n lilt in your
I'M sorry,
I'M Sorry,
0 dapartewet where there are certain people in the
A,
I -- Again, I cannot account for what every
6 officer thinks or what has occurred,

0. Are you aware that Hr, Faster I.as never been
7 Svorivar cormonity, be they residents, Roosts or
e businoes people, that you keep An Aye an?
8 arrested by the Deschutes county sheriff's office?
A, Absolutely, people that break the low,
30
A,
I'm not tufara if Hr, roster has been arrested
q, Okay, so when did Hr. Foster break the
10 by anybody.
A. we breaks the law all the tins.
12 that Mr. Foster carries a weapon?
13
Q. well, have you over evrected him?
13
A.
DO I believe that?
14
A. I have hot,
14
q,
yes,
AS
q. Has anyone in your department ever
Yes, I do.
11
11 law?
12
0. That'e right And he hasn't. 0o you believe
1S
A.
16 Arrested him?
16
q.
hew do you know that?
17
17
A.
x didn't say 3 know it, You asked on if I
A, [lot to my knowledge, sir.
18
q, so he has never been arrested, has lie?
If believe it,
19
A,
19
q.
'that's correct. what makes you balieYe that?
20
HR. FRAN2: Well, wait a second, never been
20
A.
Decause I do.
21
q, no you have anything that would cause you to
Ho, sir.
21 arrested -22
THE WITIIESSI
Excuse 09, by sunrlver, yes. I
22 believe that?
73 don't have any -- any recollection of other agencies.
21
A.
Yes. I've been told that he carries a weapon.
24
HA, wFSSOIH the re aren't Say.
24
q,
who told you that?
25
P. But -- as do you keep this -- this
25
A.
I believe I've heard it from a couple
1 outlook or lookout, I should say, lookout for other
1 different sources.
2 people that do business in Senriver?
Q. who?
A. People that commit crines, but --
A, This hat been over a period of many years, I
0, Roll, has he committed any <rlmes?
4 can't recall who all has told pie,
A. Yea,
Q. what?
6 going out door hunting. I can see that maybe, but the
A. Disorderly conduct, interfering with a
7 implication is that he is always armed.
9 peace Officer, menaeip9, harassment, stalking.
q,
well, I can see him carrying a rifle If he Is
so do you believe he is always Armed?
B
9
A.
old I make that implication?
10 any of those?
10
Q.
He. I'm just saying that's what it sounds
11
11 like, so is he always nrmnd?
'1. was he over
was Its ever arrested for
A. Hal fortunately for him, no."

q,
12
(ay HA. WFSSoH) 7'm curious, do you know why
12
A.
I -- Vou asked if I beliovo he Is armed and x
13 your officers wouldn't arrest Hr Foster if they
13 believe he is armed.
14 thought he pas breaking the law?
14
q.
Yeah.
15
A.
Is that a question?
1$
A.
I myself Am armed, It's not against the law,
16
Q.
That's A question.
16 This Is --
17
sat. *E550117 I'm frisking you,
A, okay. you are Asking me why they wouldn't
17
Is arrest air , roster if they thought he was breaking a
Is
Q. Have you over seen him with a weapon?
19 law?
19
A.
20
q.
21
(
2 and t find that curious,
3 form of the question. it's not on his list, hit list,
72
A,
20
HA, FMelal xf you knew.
21 mind it we take a break?
I can't eeceunt far what every officer Is
22
23 thinking.
24
0,
Ha. MESS0N1 co right ahead. off the record,

(a brief recess was taken,)
23
out you have said there was this list, You
25 have testified that there is a multitude of his
kennedy
I really haven't soon him a lot, period.

while you are lorkihu at that doeumtmt, do you
Yes,
24
q.
(BY HA. WESSON)
Back on the record. chief
25 Kennedy, I want to show you an exhibit which Hr, Franz
Pages 33 to 30
Exhibit D Page 28
JuH 9. 2012
2:51PM
No. 1641
P. 63

1 already hag. oust take a quick review, quick road of
I like me to speculate?
2 Exhibit 11 theta,
A.
5 should have brought My glasses. okay.
3 most recent conversation that you had?
q,
chief, you had An opportunity to look At
q.
Well, to the best of your eolwry when is the

I think to the hest of ety recollection, k Am
A.
5 speculating at this point just to lot you knew, I
5 exhibit 11, correct?

Yes. It says Exhibit 11,
A,
Q. Yes. Md that's addressed to wheat, this Mode?
7 although
A, Toss.
8 to follow sergeant Fatnede boa.
q. It's from whom?
10
A.
Officer Tiffany Hughes,
it
q,
Why did you have officer bushes prepare this
wouldn't swear' to it, after Bob Foster triad
0, Do you remember the deputy district attorney
10 you talked to, who it was?
12 tome?
13
6 believe T called the District Attorney's office,
11
A.
I would be speculating if F did. Most of the
12 time when you call up thorn you Ask for a deputy DA and
A.
I had all of
By
officers documenting any
13 they give you whoever Is available.

when was the first time that you talked to 0
14 cohtects, uwdaeted contacts they had with Bob Foster.
14
15
is GAT The vary first time you over talked to a PA about
0.
Is thorn anything illegal in Exhibit 11 that
0.
16 M'. roster did?
16 Bob Foster,
I?
A.
I'M not surd what you are talking about,
IT
A,
r couldn't even begin to guess,
AO
q.
You have read exhibit It.
it
0.
Wall. would you say -- lot we ask you, has it
19
A.
That's correct.
19 been Nora than on one occasion?
20
q,
goal it reflect Any illegal conduct on Hr.
20
21 Poster's part?
22
A.
I've -- as I've already answered, several
21 times I belioYe I've talked to deputy DA's.
A. Well, I can't say what Hr, foster was doing.
22
Q.
out you can't remember when?
2)
A,
110. I didn't write dean the dates,
24 any u masmad Contact,
24
q,
Do you recall a Dee(ing between sergeant
25
25 Patnode, officer Kesey Hughes, Attorney liennah
23 she just docwventod -- what
asked her to document Ions
q. New was that contact unwanted?
A, You would have to ask Tiffany tuohes,
1 Heieen-Vohrs, Bob Crane, Hugh pelsee, ]ash Newton And
q. she didn't explain to you hew It was unwanted?
2 yourself at the sunvivee' Homeowners Association?
A.
I didn't question liar about it that I I'acall,
A.
110, I do not,
q,
Do you recall app,oxlmatalV four years age
q.
showing you what's been parked as Eahlbit 1-A.
5 telling officer Hughes that you had a conversation with
5 Would you road that, please,
6 e district attorney regarding Mr. Foster?
A.
okay.
A, which officer nughes are you talking?
0.
okay, Chief icannody, you had an opportunity
q.
Good queslion. Tiffany,
e to look at exhibit 1-A, Are you familiar with that
A.
Okay. I do not recall that conversation.
9 document?
10
Q. oo you recall with her husband Kasey7
10
11
A,
11 with bob Foster by sergeant Potnodu,
r do not recall me 6t cghYersntiens I had four
A.
It appears to be documentation of a contact
32 years ego.
I2
Q.
po you over remember cooing it before today?
13
13
A,
Y read these before k put that 4,1 MY (1105.
Q. okay, no you ever recall over in your lira In
IA survivor speaking to a district attorney about Bob
1.4 If it was in that file, then I've read it, yes,
15 Foster?
15
Q.
out you don't remember It?
16
A. That I do recall.
16
A.
1 don't, Doesn't particularly ring any bolls
17
Q, All Fight, to de you want to toll we About
17 with me.
10 It?
19
10
A. I've talked to multiple district attorneys
20 about bob Foster, T aheuld say deputy district
Q.
yes, When do you recall was the most recent
23 oila?
24
A.
I believe the most resent one Would have
25 been -- you have asked me not to speculate, would you
kennedy
want to go back to -- I asked you about a

I
call help
20 refresh your aeetaly regarding meetings with you. pill

21 Pock, and Any of your officers to discuss Bob Foster,
21 Attorneys,
22
0.
19 meeting. I want to take each yoar, sea if
22
A,
okay,
23
q,
so do you recall any In 200%?
24
A.
I'm not going to -- you have directed me to
25 not speculate and I'm vying to follow your directions
Pages 37 to 40
Exhibit D Page 29
Jul. 9. 2012
2:52PM
No.1641
P. 64
q.
That's fine,
Yes, you remember or no, you
2 STATE OF 05E00w
A.
55.
3 COURTY OF DESCIIWTCs
3 don't?
4
C9RTIFICAT9
1 here.
2
X've had meetings over the years, i could pot
4
I, OE111E L. KEIICY, certified shorthand
5 tell you the year. I moan Tie mould go through each
6 year but --
6 Reporter, do hereby eertifyl
q.
2005, do you remessber anything?
A.
same answer.
6 appeared before me MIC11AE( ALLE11 KEn11EDY. the witness
q,
2006? 1 just want to see If something eight
That on lone 15, 2010, at 9130 a.m.,
9 uhoso deposition is contained heroin! that prior to
10 trigger as we ao through those, 2000,
10 being examined he was by me duly sworn;
11
it
A, we have --
That the deposition Was taken down by no in
14 dates of any meetings I've had regarding Bob Foster. 1
reduced to writing
13 through computor-aidad transcription, that the
14 foregoing represents to the best of my ability, a true
15 can -- I Mean I wouldn't even he able to give you good
15 And correct transcript of the proceedings had In the
12
MR, 121171 lust say that you don't remember,
13
THE WiTRESS: I don't remember the years or
12 machine shorthand and was thereafter
10 Speculation.
16 foregoing matter,
17
17
MR. WESSOI, All right. I want to -- if you
1 Further certify that I Am not an attorney
16 for any of the pert lot hereto, nor In Any way copcerned
16 guys would just please sit tight fop' three or Four

19 minutes, 1 Want to visit with by client and we may bo
19 with the cause.
20 through, or 1 pay have One or two more question,, If
20
21 you Will just bear With us.
21 In Bend, Oregon.
22
(A brief racoon Was taken,)
22
23
MR. WESsQSI;
okay, That's it. Thank you for
24 coming.
25
23
74
MR, FM114! Thank you,
DATEO this lSth day of Tune, 2010.
611116 1. geI LEY, cad CSN
Registo red Yreeess iunal Reporter
25
42
1
(Deposition concluded at 10134 a,p,)
2
3
4
5
6
7
6
9
10
11
12
13
14
15
10
17
16
19
20
21
22
23
24
25
kennedy
Forges 41 to 43
Exhibit D Page 30
Jul. 9. 2012
2:52PM
No.1641
P. 65
May 21, 2010
Kasey Huohes
3
EXAMINATION INDEX
Pago
2
IN Till CIRYIT COAT FOR THE STATE OF OREGON
re'
a22 (PH FR
3
4
5
Till CNsTY OF 215411,103
ftlaa
P., I.IenFr,
.F.
II:... so. I0210520M"
MqC O, FOSTER.
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RMOEY RIWMR$.
rnmo.,
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T,
II
MEAT S. EeNTER.
19
.FFew.nl.
1
NCR,.
N2. I25Im2a -lu
32
11
Robert Fosters tab from Siondle's
56
12
Letter To Whom it May Concern
Report by K. Hughes
Loll b A J$.....4 551 2M Intl EN.. vcr.
17
Police Incident report
co..e,clog at t&S a.M, en Fr14.F. May 21, Solo.

W4OvI
20
lead. wvNon.
sore,.
L154 1. Most, R.R. CSR GP -311,
14
from Officer Kasey Hughes

7
I9
Letter To Whom It May Concern
16
IF
42
from Officer Kasey Hughes

5
16
61ra:,no. r "..ry .
Page
Drawing by Kasey Hughes
13
IS
Il
EXHIBIT INDEX
Item
No.
1
14
1e
10
I4
Examination by Mr, Wesson
60
64
is
21
at
19
a+
ds
20
(Originals and copies of exhibits delivered with
21
transcripts.)
22
23
NOTE: Exhibits are not archived.

s Ae
24
26
2
1
APPEARANCES OF COUNSEL
2
For Petitioners:
3
ROBERT E. FRANZ, IR., ESQ.
HANNAH MEISENVEHRS, ESQ.
730 B Street
P.O. Box 62
4
6
the whole truth and nothing but the truth,
was examined and testified as follows:
For Respondent:
FRANK S. WESSON, ESQ.

Wesson, Carlson & Swanlund
9115 SW Olesoe Road
Suite 203
9
10
11
19
20
21
22
23
24
26
being first duly sworn to tell the truth,
Also present:
I
Robert Foster
called as a witness on behalf of the Respondent,
EXAMINATION
12
1$
14
16
10
17
18
KASEY S. Hl1GHES ,
10
11
12
BY MR. WESSON:
Q. Mr. Hughes, would you please state and spell
your name for the court reporter.
A. Kasey 6amuel Hughes, K-a-s-e-y. B-A-mus-i.
H-u-g-he-a,
Q. You're hem to have your deposition taken,
13
Mr. Hughes. A deposition Is where the testimony of a
14
witness Is taken upon verbal Questions, not In open
16
court, but In -- pursuent to the law on the subject,
10
reduced to writing, which is the petition -- staling
17
petition which you brought against the respondent,
10
Robert Poster, so In going to ask you a series of
19
questions regarding a stalking order you filed against
20
Mr. Foster.
Do you understand this?
21
72
23
A.
Yes.
Q. If at any time you don't understand one of my
24
questions, please say so and I will repeat or rephrase
26
it until you do understand the question.
CASCADE COURT REPORTERS, INC. (541) 385.5664
page 1 Lo 4 or
Exhibit E Page 1
71
Jul. 9. 2012
2:52PM
No.1641
P. 66
6
1
Yes,
A. Yes, air,
A.
Q. it at any time you don't hear one of my
transcribed by (he court reporter and that everything
questions, please say go and I will repeat It to ensure
said here today will be recorded.
that you do hear it,
Q. You understand that the deposition will be

A. Yes, air.
A. Yet.
Q. You understand that at trial all the testimony
Q. All of your answers must be verbal since the
given here today will be available In written form, and
0
10
court reporter cannot take down nonverbal cues, such as
a nod of the head or shrug of the shoulders.
11
Do you understand that all of your responses
If I ask you a question at trial that I ask you today,
10
you may be asked to explain or otherwise account for
11
any difference In your answers that may occur,
12
must be stated In words; you must speak clearly and
12
13
distinctly?
13
A.
Yes, sir.
14
A. Yes, air.
14
15
Q. if you do not know the answer to a question,
16
10
Simply state you do not know. I do not expect you to
10
law. You have been sworn to tell the truth, and if you
17
guess or to speculate as to any responses.
17
fall to do so, adverse consequences could result,
16
Yes, sir.
19
10
19
20
A.
Q. Please make sure your answers are clear for the
20
21
record so the court reporter can accurately transcribe
21
22
each of the words you state.
22
23
24
A. Yes, sit,
20
Q, Please wait until I finish each
23
or my questions
Q. You understand that your testimony today is

being given under oath as If you were In a court Of

A. I understand that.
Q. Do you understand each and every one of these
rules as I have staled them?
A. Yes, sir.
Q. You understand that these rules assure that if
24
1 ask a question and you give an answer to that
20
question, It will be assumed that you understood the

0
0
I before answering, and I will wait until you finish each
I question as posed and your answer Is intended to be
2 of your answers before I ask another question. And
3 this way the court reporter keeps a clear record
4 without Interruption.
A. Yes, air, I do,
Q. Are you under the Influence of any drugs, such
Po you understand?
6
6
Do you understand this statement?
6 as marijuana or prescription drugs, which may affect
A. Yes, air.
responsive as rendered,
7 your responses today?
I'm going to Interrupt really quick, ten going
0 to record this, just to let everybody know. Okay?
A. No, sit.
Q. Do you have any physical Impairment that may
MR. FRANZi No, you don't need to record It,
10
MR. WESSON; This Is recorded.
10 affect your responses today?
11
THE WITNESS: I can get a transcript?
11
A. No, air, I do not.
12
MR. FRANZ: Were going to got a transcript.
12
Q. is there anything that has occurred that may
13
THE WITNESS; Okay.
13 affect your responses, lack of sleep, no rest last
14
(Discussion off the record.)
16 BY MR. WESSON:
14 night?
16
A. I'm tired.
Q. We had an off-the-record discussion regarding a
i6
Q. So what did you do last night?
17 backup tape being available since Mr. Hughes wanted to
17
A. Well, I -- I went home and went to sleep as
10
10 tape record the session, and It was made clear to him
19 soon as I could, but we work 12-hour days and It Wes e
19 that there Is a there will ben written
19 pretty long day yesterday so...
20 transcriphon as well.
20
21
Okay. We will Lake a break about every hour to
Q. So what Is your work schedule? You said
21 t2-hour days?
A. I work 12-hour days, either day shift or night
22 give the court reporter and all of us a chance to
22
23 refresh ourselves. If you need a break Prior to that
23 shift, Four days on, four days off.
24 time, please request one and well take One.
24
26
:ASCADE
Q. All right. What have you looked at to prepare
COURT REPORTERS, INC. (5411 385- 5664
page 5 to B of 71
Exhibit E Page 2
Jul. 9. 2012
2:52PM
No. 1641
P. 67
lU
II
A. various things. I've looked at the order. I
1
2
looked at an amended order. I looked at some of my
previous police reports.
A. Yes, fir.
Q. Many times, correct?
A. Yes, sir, I have.
A. I glanced at It, sir, yes.
Q. Okay. What Is your date of birth?
Q. okay. Have you read anything to -- prior to
A. May 16th, 1979.
Q. And your Social Security number?
today?
Q. Okay, Do you remember what those documents

were?
12
17
14
MR. FRANZ; He's not giving his Social Security
A. A few documents, yes.
10
Q. Have you ever testified in a court of law?
petition?
7
A. No, air, I have not.
2
4
Q. Did you look at the - you looked at the
10
10 number.
MR, WESSON: Okay.
II
A. No.
12 RY MR. WESSON:
Q. Who have you spoken to about this case other
13
Q. Nave you ever gone by any other names?
14
A. No, air.
than your attorney?
15
A, My wife.
1s
Q. Okay. Where were you born?
16
Q. Anyone else?
1S
A. Oregon.
17
A. only the people that are directly Involved at
17
Q. where In Oregon?
19
A, Medford.
19
Q. You're a graduate of Medford High School?
20
A. No, sir.
19
the Senrlver Pollee Department.

Q. And those people who are directly Involved are
19
20
who?
21
A. My chief and my wire and my sergeant.
21
Q. Are you a graduate of a high school?
22
Q. And who 1s the sergeant?
22
A. Yes, sir, I am,
23
A. sergeant Joe Patnode.
23
Q. Where?
24
Q. And what's the chlers name?
24
A. Grants Pass, Oregon.
26
Q. Where do you currently live now?

12
10
1
Q. And your wife's name?
MR. FRANZ: Don't give a home address.
A. Tiffany Hughes,
If you need to get a home, well get any
Q. What did you and Chief Kennedy talk about?
3 information you need.
4 BY MR. WESSON:
MR. FRANZ: And no discussions When we were as
Q, Do you live In the immediate area of Bend,
S a group, In attorney-client. Anything outside the
0 attorney-client meeting.
$ Oregon Or Sunriver7
MR- WESSON: Right. 1 agree with that.
A. I live In Deschutes County.
Go ahead.
Q. Okay. Do you rent or own your own home?
THE WITNESS: Can you ask the question again,
10 air?
10
11
MR. WESSON: Yeah, sure.
MR. FRANZ: What is the relevance of thI37

MR. WESSON: I just want to know If he rents or
11 owns his own home.

MR. FRANZ: Well, I don't -- I mean this Is --
12 0Y MR, WESSON:
12
13
13 1 don't think that has anything to do with -- can you
Q. What did you speak to Chief Kennedy about
14 regarding this case?
14 explain?
Is
A. To remain calm,
I0
1e
Q. Okay. You mean to remain calm In your
1s Just--
MR. WESSON: I routinely ask this question,

MR. FRANZ: Well, this Is a little bit
17 deposition?
17
16
A. (Node heed.)
18 different situation when we're dealing with a stalking,
19
Q. Why wouldn't you remain calm?
19 and IF he was after damages, you know, I could see
20
A. it's -- this is a -- this has been a -- I guess
20 some, but that kind of personal Information I don't
21 e hill that I've tiled to overcome, and It's kind of
21 think is relevant.
22 a I mean It's a hassle, so, you know, It's
22
23 frustrating,
23 show you the need for that?
24
24
MR. FRANZ: Yes.
25
MR. WESSON; All right,
Q. All right. Have you ever given your deposition
26 before?
CASCADE COURT REPORTERS, INC. (541) 395-5664
Mn. WESSON: Would you furnish that should 1
Page 9tol2OF11
Exhibit E Page 3
Jul. 9. 2012
2:53PM
No.1641
P. 68
16
13
I
BY MR. WESSON:
Investl0a11onr.
Q. Are you marred?
Q. In summertime, I Presume?
A. Yes, sir,
A. Yes, sir.
Q. And you're married to...?
Q. Okay. How long did you do that?
A. Tpiany Hughes.
Q. Okay. Besides being a graduate ol Grants pass
or May 01 2005 to September 1St!. PF 2005 when I was
High School, do you have any subsequent education?
A, I believe It Was between --it Was either April
promoted, and I did full time-. I was promoted to lull
A. Yes.
time,
Q. Where from?
10
A. Southern Oregon University and University of
11
Nevada, Reno and the southern Oregon community College.
12
13
Q, Were you armed as a bike patrol parson?

A. No, air. I was not,
10
II
Q. Do you have any diplomas from those three
12
schools?
Q, Speaking of that, I noticed yoo'ro In uniform

today.
13
A. yea, sir.
14
A. Yes, sir,' do,
14
Q. Are you armed right now?
18
Q. what do you have?
Is
A. lam.
16
A. I have a bachelor's in criminology-- excuse
16
17
rile-- criminal justice from the southern Oregon
17
18
University.
Q. Would you please stand up and let me see what

you have at your waist?
saw
me Walk In.
18
A. I think everybody In this room
19
Q. Okay. Any alher degrees?
19
Q. I didn't see you walk in, to I'd like you to
20
A. No, sir.
20
21
Q. All right. I want to go through your work
21
22
history.
23
24
A. Tha sunrlver service District.
24
26
Q. And how long have you been a -- an employee of
28
can Identify what's on your waist.
MR. FRANZ: Go ahead. Just stand up.
22
9y whom are you currently employed?
23
stand up so 1
THE WITNESS: Yes, sir.

BT MR. WESSON,
Q. All right. So on your right hip Is a ^ your
elbow Is kind Of In the way. What Is that on your
I5
14
1 the Sunrtver Service District?
A. Since.- Well, full time emote September or
3 2005.
Q. What did you do prior to September - well,
right hip?
A. This Is my gun, my handgun.
Q. And what's the make and model? is its Smith C
Wesson?
6 where did you work prior to September 20052
A. No, Mr. Wesson. Its a niock-
Q. Okay. it's a Glock. What, nine millimeter?
7 Department, I also worked as a seasonal hike patrol
A. 40 caliber.
0 oFleer for that summer of BOOS, prior to gelling hired
Q, 40 caliber. Okay.
9 full time. excuse me.
A. I did my Internship with Buhrlver Police
10
11
Would you like my law enforcement history, sir?

Q. I'll ask the questions.
12
All right. 5o you were an Intern the summer of
13 ZOOS, correct?
14
A. That's correct, sir,
16
Q. All right.
16
A. [%cure me, no. It was -- I don't know when I
17 started my Internship with them. I believe It Was
10
11
12
13
And how many rounds does it nee?

A. Well, It depends how many bullets you put in
It.
Q. Al right,
A. There's 161n It right now.
Q. Alright. 16,
16
16
17
18 probably lathe opting, maybe winter of 2005 with them,
The next thing as we came around from the right

towards your len hip is - what Is that In your -where your right hand Is?
A. This Is my expandible baton.
19
Q. And you were on the bike patrol?
19
Q. Okay. All right, Is that an ammo clip next?
20
A. In May--f believe I started bike patrol in
20
A. There's two magazines In there, yes,
21
22
23
May Just after that lnlernshlp.

Q. What's the bike patrol?
21
22
A. It's an auxiliary position. Seasonal bike
23
24
patrol officer, you ride a mountain bike around
24
26
Sunrlver and asslst the roil-time officers'
26
~ ASCADE
COURT REPORTERS, INC. (541) 305-5664
Q. All right. And then We come around and

there's -- Is that a loser?
A. yes, sir,
Q. Okay. And then the next thing, what, are your
offs?
Page 13 to 16 or 71
Exhibit E Page 4
Petitioners Response
Jul. 9. 2012
2:53PM
P. 69
No.1641
17
19
police certificate I received Was In 2005.
A. These are my handcuffs.
Q. And then the last thing is your radio, right?
Q. Okay.
A. This I. my radio.
A. I believe, It may have been 2006 depending on
Q, Yeah. Doyou have any other weapons on your
when you complete *2'- you have to complete 12 months
cnntinaing ' or with full-time patrol to receive your
bash pollee certificate.
body?
A.
Q. Md what do you have?
A. I have a knife.
Q. Where Is Nat?
10
11
12
15
16
17
A. It's In my back packet,
10
Q. Okay. All right. You can sit down, Thank
11
12
you.
Q. Have you ever been disciplined in the course of

your employment as a police officer?
A. I think I need to gat Some clarlficatlon. What
kind of discipline are you referring to, sir?
Q. Well, regarding your lob performance or failure
to follow an order or being late to Work.
13
A, I've had a few caunselinge verbally, There was
14
documentation of yerbeis, but there Wag never a formal
A. Yes, air.
16
write-up or reprimand,
0.
16
Q. What were the verbals tor?
17
A. I don't recall, sir.
13
14
I do.
And you're dressed as you would be if you were

out doing patrol work In Sunriver, correct?
So did you work in any other' for any other
agency besides Sunriver in law enforcement?
I6
A. Yes, sir,
16
Q. Do you remember when they ware?
19
Q. And where was that?
19
A. No, Sir.
20
A. Central Point Police Department and the
20
Q. Do you remember how many verbais there were?
21
A. No, sir.
21
7ecbsonvllle pollee Department,
22
Q. When did you work at Central Print?
22
0.
counseling?
Wee any written record made of the verbal
23
A. 2004 and 2903.
23
24
Q, And What were you there at Central Pont?
24
A. I believe there wet, yes.
25
A. I was a reserve police officer and I was a
26
Q. And from what -- who was the employer that gave
1g
fury-time petrol officer.
20
1
Q. Md then Central Point and whatwas the other?
A. ]ackaenville Police Department,
you those?
A. The Sunriver Police Department s my sergeant,
sergeant Joe Patnode.
Q. when was the Sunriver Police Department
Q. Okay.
A. In Jacksonville, Oregon.
Q. All right. And what did you do there?
A. I was a reserve police officer.
0. Yeah, or established. That's fine.
0. DId you have other employment when you Were a
A. I don't know, air.
reserve police officer either In central Point or

Jacksonville?
9
10
created?
A. When was It nslabllehed?
Q. How many police officers are currently employed

by the Svnriver Police Department?
A. Yes, air.
11
A.
Q. And what did you do?
12
Q. Pardon me?
A. I was a -- several things. I War going to
13
A. Eleven sworn police olllcers,
college emit was also -- I worked as a barlete, I
14
think that's the terminology we used for working at
15
Dutch Bros. Coffee, Those are little coffee stands.
16
Q. Right.
A. I also worked at Sterbpcks coffee, and then I
17
I9
Eleven sworn.
Q. okay. And then how many bike patrols do they

have In the summer? How many Individuals?
A. I'm In It -- for the record, I'm going
10
estimate, I believe he's eight or nine.

Q. What Is the territory that the Sunrlver Police
Department covers?
also worked at the Bear Creek Corporation which Is a--
19
the large corporation down In Medford.
20
Q. Okay. Are you certified by DPSST?
21
A. Yet, sir.
22
Q. And when were you certmed by DPSST?
23
A.
24
A.
26
Q. Do you go outside the boundaries of Sunriver
If you're referring to my basic certificate,
there's several different Ihines. The first basic
:ASCADE COURT
A. The community of sunrlver. Can you rephrase

the question, err?
0.
Well, by 'community of Sunriver," do you mean
within the boundaries of SUmNer?

yea, sir.
Page 17 to 20 of 71
Exhibit E Page 5
Jul. 9. 2012
2:53PM
No. 1641
P. 70
23
21
other Than In hot pursuit?
A. A. far as Just routine patrol, l -- I Wouldn't
A. yea, sir.
2 unless I Was asked on a special detail, for example, or
Q. And where would you go?
3 asked by another agency for mutual aid, I work the
A. Where I needed to go, whether [the court--I
4 multi agency traffic team, so that's one that..

S sometimes we're able to de it once a month, A lot of
go placer all the 11m outside Sunriver,
6 limes for overtime, staffing, we cant-- they can't
Q. Well, I'm talking sheet In Carrying out your
and me out there, but I can patrol the highway
duties, Be you perform your duties as a patrol officer
outside the city limits of Sunriver?
6 depending on problem areas with Band Police Department,

0 Redmond Pollee Department, Wllhln Deschutes Cadbtyr
A. Yew, eir r and It's note city. It's actually e
10 a-t-e, etcetera, excuse me,
community, elr. It's not Incorporated.

I -- I -- I Would say almost daily I am outside
11
Q. I understand there's a place Called Gender
12 Butte, a park where Idds go to make out right near the
of Sphrwor. I perform duties for What's called the

DEC program, I'm a drug reeogNllan expert, So I get
13 entrance to Sunriver. You smiled. Do you know of what
called out to Band or Le Pine, even Redmond. I've been
14 I'm speaking?
called out to the Jell. It's -- I'm routinely called
is
A. I don't know Whet Cinder Butt. Is.
out to assist other agencies, and a Yery common thing
16
Q. Okay.
would be the Deschutes county Sherllfa office.
17
A. IF you're talking if you Would like me to
Sometimes understaffed In Le Pine or Oregon State
10 identify an actual spacilic area, air, I need to know
Police may only have one or two trooper, tip on the
10 the location, the geographic location.
highway and they'll cover -- they'll ask for cover
20
which means that they need assistance, and we assist
21 omcers arrest people outside the town of -- or
Q. Okay. Can the Sunriver Pollee Department
22 community or SVmwer?
them when they need It as well.

Q. But let's say you have a speeder. Can you
arrest a Speeder, Someone Inc car, outside the
23
A, yea, sir.
24
Q. Prior to working with the Sunriver Pollee
26 Department, did you ever work for the Sunriver

24
22
1
1 Homeowners Association?
A. Nobody can arrest a speeder, sit, unless
2 they're recklessly driving; We a violation.
A. No, sir, I did not.
Q. So your actual employer is what, the Sunriver
Q. Well, let's assume there's a violation outside
4 the community or Sunriver, could you arrest that
4 service District?
6 person?
A. Yea, sir.
Q. All right.
A, A violation of Oregon law, yes, slr, I Can, I
MR. FMANZ: You dent need to Write any notes
7 can arrest anybody for a crime In Oregon, anywhere In
8 Oregon.
8 during the deposition.
A. Other then territories, I believe, of
TIE WITNESS: oh, okay.
Q. okay.
10
10 BY MR. WESSON:
Q. Bo you recognize Robert Foster Who's here
11 reservations, for example.
11
12
Q. You mean Indian --
12 today?
13
A. Tribal-- exactly.
13
A, Yes, I do.
14
Q. so Soother Is not, then, an Incorporated city.
14
Q. Have any Sunrver residents ever flied
Is What Is R then?
10 complaints against you because of your Job peelommnce?
16
A. It's a community.
16
Q. That's a new one on me.
17 don't know, I've had formal Complaints written against
7
10
What's a community?
10
A. A community Is a small -- I don't know the
A. Sunrlver people that live inside Suntiver? I
18 me, but I'm not aura II they're residents. I don't

19 believe they are.
Q. Were they written by guests of'- people who
20 exact deflnitlon. I Just knew Its not Incorporated,
20
21
21 are renting homes in Sunriver, these complaints that
Sir.
22 you Just mentioned?
22
Q. And what County Is 5undver located in?
23
A. Deschutes County, sir,
23
24
Q. Where would you patrol outside of the community
24 local workers in the area but do not reside within the
A. I don't know. The ones that I can recall are
26 community or Sunriver.
Page 21 to 24 of 71
Exhibit E Page 6
Jul. 9. 2012
2:54PM
P. 71
No. 1641
ma
ies
A, cult
27
25
1
2
3
A.
Q. Local workers, Working for whom?
A. Rental agencies, houaecieaners. I don't--I
I saw Mr. Foster follow me In to my truck, I got out,
When I was walking toward --1 parked In the parking
don't know right off the top of my head, I just know
Pulled Into the parking lot, When I pulled In,
that they're -- the ones that I can think of arc the
lot, When I got out of my truck, I started walking
service People, people that come In and assist, I
towards the front door, Mr. Foster drove up behind me.
guess, with doing, again, maintenance, service work.
7
0
0
Q. Housekeepers, correct?
A. That could be one of then., Yes, I did receive
one -- I do recall -- from a houseworker-- a
10
It
My recollection was -MR. FRANZ: Do you want him to testify without
houseeleaner,
10
Q. And have there ever been any complaints filed
12
I'm testifying without looking at my notes, I

went that noted,
his notes or do you want him to get -MR. WESSON: Yeah, I just want to hear his
11
by business owners?
12
explanation without any aids or props.
13
A. Not that I recall.
IS
14
Q. Do you remember what the content of these
14
Into the parking lot behind me. When I got out of my
THE WITNESS: From what I remember, he drove
16
complaints were that were fled by these local workers?
16
track, I Was walking towards the front door of the
16
A. No, not right off the top or my head,
16
facility. He revved his engine up. He drives a Ford
17
Q, For example, did they say you were rude to them
17
pickup that has a diesel engine In It. He revved
19
the -- revved the engine up In it, drove towards me
19
While I was walking Into the facility to attend my
20
appointment.
18
or that you were aggressive?

A. There wee one that -- I believe the allegation
19
20
was that I was rude.
21
Q. Okay. Question) Do you .. When you went to
21
22
Grants Pass High School, did you participate in Sports?
22
behind me, I walked In. I had a discussion with the
When I got to the front door, he was still
23
A. Yes, air.
23
staff N the facility to--I turned around and looked
24
Q. Did you play football?
24
out and watched Mr. Foster drive around the parking
26
A. I was a full-year athlete. I actually did --
26
lot. I believe it was one more time. He slowed down
when he came across my -- or when he was near my
A. I was a full-year athlete, air--
pickup, my truck, my personal vehicle, And I believe
Q. Okay.
he drove around --there's an Island of parking
A. -- for high school, From what I rensember# 1
spaces drove around another time and then -- and
28
26
1
Q. You were a what?
2
3
4
played soccer, and I did both Indoor and outdoor track,
then drove back out.
track and field.
BY MR. WESSON:
Q. Did you play football?
A. No, air.
Q. Baseball?
Q. You testified that you drove Into the parking

lot -A, Yes, sir,
ID
A. No, sir.
10
11
Q. Basketball?
11
12
A, No, sir,
12
13
Q. Have you ever sued anybody?
13
Q. And where did you park It?
14
A.
14
A. In that Island that I mentioned.

Q. In the what?
No.
Q. -- at Mavericks.
Did you, park your truck?
A. Yes, sir, I did,
16
Q. Have you ever been sued?
16
16
A. No, air.
16
17
Q. Maya you ever been accused of lying under oath?
17
18
A. Not that I can recall, air.
16
Q. All right, so you were parked directly In
19
Q. All right, I want you to describe for me what
19
front of them and you walked directly In, correct?
A. The parking spaces directly In front of the

entrance to the facility.
20
happened on March 12th, 2008 at the Mavericks fitness
20
21
center In Sunriver Involving Mr. roster.
21
vehicles parked, I guess, facing each ether, so there
A. Yes. There's -- the parking lot has a raw of

would be -- you could park maybe 10 or 12 cars, and
22
A. I was off duty at the tine. I was In my
22
23
personal vehicle. I was going to a physical therapy
23
then there's a space between that Island and the front
24
appointment there,
24
of the facility around the -- where the vehicles can ho
26
Q. All rloht.
25
parked, So you can drive around that actual area where
Page 25 to 28 of 71
Exhibit E Page 7
Jul. 9. 2012
2:54PM
No.1641
May 21,
Kasey Hughes
1
those vehicles are parked, it's a pretty big parking
lot. Excuse me.
Q.
You say he followed you in there. Do you mean
In a stalking sense?
A. Yes, air, he did.
Q. Hay did you know he was stalking you then?
A.
He followed me In my personal vehicle,
Q. Well, couldn't he have followed anyone into the
8
9
parking lot?
MR. FRANZ! So whichever one you want.

MR. WESSON: III restate It.
BY MR. WESSON:
Q. Is it your testimony that he was following you
Into the building with his truck?
A.
He followed behind me while I walked, In hi.--
In his vehicle.
Q. Well, how far did you have to walk from your
vehicle to the front door?
so, 40 yards.
10
A. (Nods head.)
10
A.
11
Q You're just nodding your head. Give me an
11
Q. 30 or 40 yards?
12
A. Yea, air.
12
answer. Yes or r?
Maybe
13
A. Yes, air. He could follow anyone Into the
13
Q. That's a hundred and twenty feet. That far?
14
parking lot, but particularly when he revs his engine
14
A. Yes, sir, I just estimated, sir,
15
up and follows my personal vehicle on my day off, It
16
was alarming to me,
16
16
17
18
Q. And you say he revved his engine. Don't you
A.
I'm going to refer back to -- If there's going

to be more questioning, can I refer back to my report?
MR. FRANZ: Well, he has a right to test your
17
have to rev an engine on a diesel track?
10
recollection. If you have no recollection that YOU--
19
any recollection, you can use your notes to refresh
20
your memory, then answer the question, If you're not
All right. Let's say you shut the engine down
21
sure without your notes, Just say 'I'm not sure without
22
and started R up. Don't you have to rev the engine to
22
my notes.'
23
get it going?
23
BY MR. WESSON;
24
A. No,
24
26
Q You can just start It like an ordinary car?
2S
19
20
21
I don't understand What you're saying. To keep
It running or to --
Q.
Q. all right. Look at Exhibit 4. Do you have

that? Your counsel mrnished me what's marked as
32
36
1
A.
I believe We have -- I've had a diesel vehicle
Exhibit 4. Do you have that?
and you turn It on -- turn It on just to the start
A. Yes.
position, auxiliary position, and the glow plugs warm
0.
up. You can fire It, and It starts up just like
another vehicle. You don't have to put your foot on
MR. WESSON: Does It say 'Sumivet' --
the gar.
MR. FRANZ. Yeah, It says '$unriver Police, To
Q. you don't have to rev a diesel engine up?
A. Not that I'm aware of, no.
If
Q. So you said he followed you on foot or In the
10
11
12
13
truck?
A.
10
In his truck.
Q. But you're walking Into the building, right?

You're Walking Into Mavericks?
11
12
Hold up what you're looking at so I can -MR. FRANZI Yes, he's got Exhibit 4.
Whom It May Concern.'

MR. WESSON: Okay. Yeah.
BY MR. WESSON:
Q. Is that your signature at the bottom,
Mr. Hughes?
A. Yea, sir,
13
Q. All right. And when you were walking Into the
14
A. Yea, air.
14
entrance of MaverIks fitness center -- he says about a
15
Q. Of were you going somewhere else other than --
16
hundred and twenty -- or 30 to 40 yards - were you on
16
Is that where you get your physical therapy Is at
16
the road or were you In the parking lot?
17
Mavericks on March 12th?
17
A.
A. I was, yes, air,
16
Q. I want you to draw me a diagram. It doesn't
Q. So you walk into there, and how do you know he
10
I was In the parking lot, air,
10
have to be artful. Just draw the building and where
20
followed -- I can't see him following you into an
20
you parked and where the front door Is and where you
21
entrance with the truck right behind you. How do you
21
saw him, )ust something to give me an Idea, I can't
22
explain that?
22
picture it In my mind.
19
23
MR. FRAHZI I'm going to object to the form of
2010
31
29
P. 72
2$
(DEPOSITION EXHIBIT NO. 1

was marked for Identification.)
24
the question, That was about three questions.
24
26
MR. WESSON: yeah, it was
26
BY MR. WESSON:
Page 29 to 32 of 71
Exhibit E Page 8
Jul. 9. 2012
2:54PM
No.1641
May 21, 2010
Kasey Hughes
35
33
1
Q, Mr. Hughes has prepared exNblt 1, a little
4, Time out.
diagram that he drew of the Mavericks fitness center
parking lot Is that correct?
right behind you coming Into the parking lot, but he

didn't?
A. Yee, sir.
Q. All right. Would you point to the entrance of
Mavericks.
7
8
A. This is the entrance to the parking lot of

Mavericks, and this is the front door.
Q. All right. so let's -- does that say '(punt
When you say 'followed," I picture that he's
A. He drove -- from what I remember is he drove--
I'm pretty sure he was driving oasihound, went up to
the -- when I pulled Inhere--
Q. So have do you know he went on further east?
A. Can I finish, air?
10
door' there? I can't see It upside down.
10
Q. I'm cony. Ou ahead.
11
MR. FRANZ: It does,
11
A. Driving eastbound.
12
Q, Yeah.
12
13
MR, W0650N: Okay. All right.
14
16
Q. I want you to put an X where you
17
10
A. Pulled Into the marketplace, turned around In
no, strike
14
16
hare, and then I parked my truck, got out of my truck,
1 want you to put an H where you parked your
16
and at that point I noticed that hewn pulling up
17
behind me. I walked In to the front door,
A. I don't know exactly, but I was -- I believe It
18
--
that.
16
18
13
BY MR. Wf:55Ofa
P. 73
vehicle.
was right-- It was either right here or right here.
the marketplace, came back, while I was pulling In
At one point--I remember putting In my report
10
I turned around, noticed that he was pulling In
20
Q. Pat an 'cC In between the two Hs,
20
behind.. Ire was still behind me. He revved his engine
21
A. (Writing,)
21
up. I wont In. I talked to the girls and told them to
22
Q. And you were facing the dividing Inc or Were
22
keep an eye on my truck and -- because of his behavior,
23
you -- or was the back end of your vehicle against the
23
24
dividing line?
24
around this-. this is Whet I was referring to as the
26
Island, air.
26
A. That's why I said that. A let of times I don't
And I watched him, as I tesHlled before, drive
30
34
1
want people- I'll pull forward if It's available, but
I can't remember.
3
4
6
Q. All right.
Q. Ni right. And where did Mr. roster park his
vehicle?
A. And either my truck was right here or right

hers, and he Went around and -Q. Draw a -- I want you to Identify the so-called
A. He didn't park.
(stand. Just make a chile around and put 'so-called
Q. All right. rig you want to draw Cr. arrow of
Island.' I mean that's your phrase. Tome It's Just
his -- you pulled in and parked where you've Indicated.
parking spaces.
What was the path of his vehicle that he took?
A. That's why I was going to refer back to my
yeah, just draw a circle around It.
A. (Drawing.)
10
report here, but I don't see It in there, so just to
10
Q. Okay.
11
clarify, this is what I remember.
11
A. "So-called Island"?
12
Q. Yeah. inside or h e yeah.
13
Cottonwood. Thorn's a marketplace right here past the
13
A. (Writing,)
14
parking lot here, and there's the entrance to the
14
Q. Okay. Carryon.
16
parking lot here ,
i6
12
1 believe I was driving eastbound on
so he followed -- he's In his pickup telling
16
Q. All right.
10
you Into the--as you walked Into the entrance?
17
A. I pulled In here. poster --
17
I8
Q. You pulled Into the parking lot?
18
Q. Have far back was he?
10
A. Correct.
10
A. I don't recall.
A. That I, correct, air.
20
Q. All right.
20
Q. Could he have been ten feet?
21
A. And I believe I caw Faster either going
21
A, I don't recall.
22
Q. You don't have any idea how fat behind you he
22
eastbound or westbound on Cottonwood Road and change
23
his direction, I think he went gp to the marketplace
23
24
and turned around and came back and then followed me In
24
A. (No response.)
26
here. I had parked here. His direction of travel--
25
Q. NI right. I'll move on.
was?
Page 33 to 36 of 71
Exhibit E Page 9
Jul. 9. 2012
2:55PM
P. 74
No. 1641
Nay
les
6i r maw
39
37
1
2
So M It your testimony that on Cottonwood you

sew-- strike that.
2
3
Was Foster behind you or ahead or you as you
went down Cottonwood to the entrance of the Mavericks
Illness center?
0
7
8
9
4
6
A. I don't recall, sir,
Q. So where was he in his Pickup the first time
you saw him? Where was he at that point In time?
A.
Somewhere In this vicinity, It was either--
10
again, from What I remember, I believe It was right
10
I1
hereso between --
11
12
Q, Put any.
12
13
A. --
13
14
between circle 10, Circle 10 and the
entrance there.
14
A. I don't know, sir. Drive time, I wasn't -- I

Wasn't going fast
Q. Was the parking lot full of cars or were there
very few care?
A. I don't recall. I remember there were Vehicles
In there. I don't know how many,
Q. You said It was at 1500 hours. That was 3;00
o'clock, right?
A.
correct
Q. And -- so you don't remember whether [here were

a lot of cars ore few cars?
A, That's correct, sir.
Q. Okay. And -- so! want you to put a Y I where
you were when you heard him rev the engine.
10
Q. All right Just put an X.
16
I0
A. (Writing.)
10
17
Q. All right. And where did you see him from?
17
entrance to Mavericks down to the marketplace? 200
18
yards, 300 yards?
18
Where were you when you saw him?
19
A. I was driving my truck.
10
20
Q, Where were you when you saw him?
20
21
A, I was driving my truck.
21
Q. Where? I want to know where you .. were you
22
22
23
24
ahead of him or behind him?
A.
I don't know, and I answered that, sir.
A, (Writing.)
Q. All right.
so what's the distance from the
MR. FRAN2; As the crow riles or MR. WESSON; From on Cottonwood, yeah.
Road-wise.
THE WITNESS; Well, there's not a road, sir.
23
Are you talking about where - the entrance right here?
24
by MR. WESSON;
Q. Marketplace. No, down on Cottonwood.
40
at
1
2
3
4
So are you In the parking lot when you see him

where you pointed -- made the X?
A.
No. t was either at the entrance an
1
2
was on
Cottonwood Road,
A. The marketplace to where? So the-- I

didn't-- I'm sorry, I didn't hear you.
Q. Okay.
A. To the entrance to Mavericks or --
Q. so do you want to MakeenX 2?
A. For what, for my truck?
0. Where you first saw -- I want to know where --
Q. The end of the parking lot of Mavericks, from Y

to the marketplace Is how far?
A. Oh, probably so yards.
make its Y. Where did you --where were you when you
Q. it's real close then?
saw Bob Foster In his pickup?
A. Yes, air,
to
A. I was on -- I was either on Cottonwood Road or
10
11
at the entrance here. I believe I wag at [he entrance.
11
12
So there you go, Y (writing).
12
Q. Mi right. so he went Into Mavericks -- or

Into the marketplace and turned around and came back?
A. (Nods head,)
13
Q. okay,
13
Q. And so you're walking -- you're out of your
14
A. That's the best of my recollection.
14
Vehicle now, right, walking towards the entrance to
Q. And you don't remember whether he was behind
16
Mavericks when you hear the engine rev?
16
18
you or ahead of you?
16
A. Yes.
17
A. Thats correct.
17
18
Q. Okay. And you pulled In and parked, correct?
10
'Immediately I recognized the driver as Bob Foster, doe

to previous contacts,"
19
A. Yes, sir.
19
20
0.
20
21
And how long did it take you to pull from
Cottonwood Road Into the parking space?
Q. All right, In your statement you wrote,
What do you mean by -previous contacts ?
21
A. I've had many contacts and seen Mr. Poster
22
A. I don't know.
22
because he's followed me and my officers around For as
23
Q. 20 seconds?
23
long as I've been there.
24
A. I don't know.
24
26
Q. Did It take you a long time or a snort time?
26
'.ASCAOI= COIIR-r RFpnRT1=R5_ INC_ (s411 lR5-S4
Q, Okay. Do you know What Mr. Footer's business
Pane 37 to 40 of 71
Exhibit E Page 10
Jul. 9. 2012
2:55PM
P. 75
No. 1641
43
41
1
A. Tube Alive, and I believe -- I believe It's
some sort of a maintenance business for water
tubs. Spas.
Q. Okay. Mr, Hughes, continuing our review of
1
.
or
Exhibit 4. Did you prepare Exhibit 47
A. no,
Q. And where?
Q. Who prepared It?
A. Where Is his business?
A. I don't know. This Is a copy. The original

one that I signed, I did prepare It, sir.
Q, Yeah, Where does he conduct his business?
A. His business Is located In the business park.
Q. You personally prepared it?
Q. But where does he carry out his Tubs Mive
A. The original one that I signed, yes, sly,
business?
10
And youll vouch that this is a copy of the original,

right?
11
business In Survivor and the surrounding areas right
11
12
there,
12
13
14
Q. Yeah. Yeah, that's what I'm talking about.
A. I believe he does quite a bit -- quite a bit of
10
Q. Well, Isn't It virtually all of his business is

In the Sunrlver community?
A. Yes,
13
Q. Okay. When did you prepare Exhibit 4?
14
A. After March 12th, 2000,
is
A, You're going to have to ask your client, sir.
15
16
Q. I'm asking you,
Is
17
A. I don't know It,
17
A. I don't recall. It would have been within a
10
Q. Would you see him In Sunrlver every day?
16
few days. It was probably that day, but It could have
ig
A. Pretty much, yes.
10
been --
20
Q, Okay, And what's he doing when you see him In
20
Q. Later?
21
A. Could have been a couple days later.
22
Q. Now, did you actually type It?
21
Sunriver every day?
A. Driving his truck and shaking his head,
22
23
23
A. Yes, air.
24
Q. Okay. Your having prepared Exhibit 4,15 there
laughing at us, following us,
24
Q. That's all he's doing? You don't see him stop
Q, Did you prepare It on March 12th or the next

day?
anvthlno lileoal that Mr. Foster did that's reflected

44
42
1
A. I've seen him stop at people's houses, sir.
Q. Okay. Back to my questions.
In Exhibit 4?
MR. FRANZI By illegal, ^ you mean criminal
MR. FRANZ: Can I take a potty break?
MR. WESSON: Sure.
MR. WESSON: Yeah. Yeah.
THE WITNESS: it gets pretty darn close to
(Break taken.)
stalking.
oath.
by MR. WESSON;
BY MR. WESSON:
MR. WESSON: You're reminded you're still under
law?
Q. Why don't you put Exhibit 4 In front of you
Q. Well--all right, So do you think he was

stalking you that day?
10
A. Absolutely.
11
Can we Just call It Exhibit 4?
11
Q. Okay. Now let's look at Exhibit 5.
12
MR. FRANZ: Yeah, that's Just -- let's take
12
13
10
13
again, the one we were Just looking at
apart your package and use the exhibits so we can --
14
MR. WESSON: Well, I've got some sot can --
14
16
MR. FRANZ: But leis attach them to the
16
16
deposition.
16
17
MR. WESSON; That's what I'm talking about.
17
18
MR. FRANZ: You want to go ahead and just put a
18
10
20
21
22
packet In?
MS. MEISEN-VELARS; Robert, why don't we use my
packet. He needs to use his.
MR. WESSON: I've got a bunch here,
I0
20
21
22
BY MR. WESSON:
Q. Old you prepare --1 show you what's been
marked as Exhibit S. Did you prepare Exhibit S?
A. The original one, yes, sir.
Q. Well, you keep saying "the original." Is there
something wrong with what I showed you?
A. This lea copy, sir.

Q. Well, your attorney furnished It to me. So Is
it legitimate or not?
MR. FRANZ: Well, he Just means that's not the
23
23
24
24
original, original.
26
BY MR. WESSON!
25
BY MR. WESSON;
'ASrAnF COIIRT RFPORTFRS_ TNC (5d1\ 3R5-5BF4
Pane 41 to 44 of 71
Exhibit E Page 11
Jul. 9. 2012
2:55PM
No. 1641
P. 76
, Lw1U
47
45
1
Q. Okay. But this is a true --
Kennedy told you to do quick reports any time you saw
document, he doesn't mean--he understands Its a
Foster, correct?
copy. He just wants to know did you prepare It, and
you guys are just -- you're talking about the same
thing.
MR. FRANZ: When he asks you If you prepared a
7
B
9
MR. WESSON: Okay.
BY MR. WESSON:
A. Yes. It's a practice -- absolutely. That way

we have the best recollection of the occurrences, yes.
Q. Now, do you treat other people under suspicion
the same way?
A. Yes,
Q. Wore talking about the some thing, right?
Q, You write them all up Instantly?
A. Yet, sir.
10
11
Q. All right, so did you prepare Exhibit 57
11
12
A. Yes.
12
13
Q. When did you prepare It?
13
14
A. After March 11th-- March 111h, 2000,
14
15
Q. Okay,
16
form of the question, It's not on his list -- lilt
16
list.
10
16
A. I should say after March 11th, 2000 at
A. Try as quickly as possible, yes, sir.

Q. All right. Besides Mr. Foster,
who else was on
your hit list to follow, to make --
A. I'm not-MR. FRANZ: Walt. I'm going to object to the
17
approximately 1230, 6e It was very likely that It was
17
16
that afternoon. My chief gave me specific directions
10
10
to do reports with Mr. -- involving Mr. Poster as
10
20
quickly as possible after each Incident.
20
there are certain people In the Sunriver community, be
21
Cl. Do you -- do all of the people who are under
MR, WESSON: I'm sorry. I'm sorry.

BY MR. WESSON!
Q. Do you have a list In your department whore
21
they residents, guests or business people, that you
22
surveillance by your department the some -- treat them
22
keep an eye on?
23
all the some way?
23
A. Absolutely, People that break the law,
24
A. Surveillance?
24
Q. Okay. So when did Mr. Foster break the law?
26
Q. Weren't you following him, too?
25
A. Ha breaks the law all the time.

48
46
1
A. No, I wasn't, I was eating lunch.
Q. Well, have you ever arrested him?
Q. No, your department, didn't you all engage in a
A. I have not.
practice of following Mr. Foster?
Q. Has anyone In your department ever arrested
A. No, sir.
Q. Not once?
A. Not ever,
Q. so he's never been arrested, has he?
Q. What do you do to -- what's the criteria you
A, No, air.
use to determine If you will follow someone, follow a
vehicle?
10
II
12
13
Q. Now, you testified that Kennedy -- Chief
A. A traffic violation, a crime, reasonable

suspicion, probable cause -Q. All right. Let's talk about reasonable
suspicion.
him?
A, Not to my knowledge, air.
MR. FRANZ: Well, wait a second. Never been

arrested by --
10
11
THE WITNESS: Excuse me. By Sunriver, yes. I

don't have any recollection of other agencies.
12
13
MR. WESSON: There aren't any.

BY MR. WESSON:
14
A, -- Investigation.
14
1s
Q. You see an old dilapidated Patsun pickup, you
16
lookout, I should say, lookout for other people that do
Q. But -- so do you keep this -- this outlook or

business In Sunriver?
10
know, poor paint Job, person drives kind of scraggly,
16
17
or you see a Cadillac Escalade with a nice well-dressed
17
A. People that commit crimes, but --
10
gentleman driving. Which vehicle would you more --
18
Q, Well, has he committed any crimes?
10
most likely follow It you thought there was something
19
A. Yes.
20
suspicious going on?
20
Q, What?
21
A. Both of them,
21
22
Q. Treat them the same?
22
23
A, Doesn't matter,
23
24
Q. You would treat them the same?
24
25
A. I treat everybody the same, sir.
25
A. Disorderly conduct, interfering with a peace

Officer, menacing, harassment, stalking.
Q. Was he ever--was he ever arrested for any of
those?
for him, no,
Page 45 to 48 of 71
Exhibit E Page 12
Jul. 9. 2012
2:56PM
May 21, 2010
Kasey Hughes
40
1
Q. What do you mean 'fortunately for him - ?
A. Nobody Wants to go to Jell.
Q. I don't get It, 'nobody wants to go to jail.
What does that mean?
A.
Q. Do you understand that I'm asking the questions
It's common sense. I think we can go on.
here? Do you understand that?
MR. FMNZ: You don't have to get upset new.
MR. WESSON: I'm not upset.
10
11
12
Q. All right. Do you know how many times?
II
12
13
oil on the troubled Waters here. That's an attempt at
13
14
humor. I thought It Was pretty funny.
14
16
THE WITNESS: Actually, because yours
Q. And do you know when use last time was that

Sergeant Patnode checked Mr. Foster out?
A. No.
C. You looked at your counsel. Why did you look
at your counsel?
A. They're assisting me, sir, because I'm not an
attorney.
Q. 1 understand that.
All right. So when did you last check
15
Wesson--
17
A. Yes.
A. No, sir.
10
MR. WESSON: That's right. Put a little Wesson
Q. Has Sergeant -- to your knowledge, has Sergeant

Pabiode ever checked Mr. Foster out?
6
7
hospitality.
61
BY MR, WESSON;
MR. FRANZ: You have that nice southern
16
P. 77
No.1641
10
MR. FRANZ: It's okay. You don't make any
Mr. Foster out?
17
A. In the AccuTerm system, yesterday,
16
comments. He asks the questions. Just relax. Just
16
Q. Why yesterday?
19
try to answer his questions,
16
20
BY MR. WE59ON:
20
of today. There's been a lot of things yesterday, so I
21
don't remember exactly why I pulled him up. Oh, excuse
22
me, yea, I do, I was looking for a concealed weapons

permit.
Q. So to your knowledge Mr. roster has never been
21
22
arrested?
A. I don't remember exactly why. Probably because
23
A. By the Sunriver Police Department, no.
23
24
Q. To your knowledge, has he ever been arrested by
24
Q, Old you And one?
25
A. No, there's not one on file, In Deschutes
20
Deschutes County?
62
60
or, sir,
A. Not that I'm Aware
Q. Did you check out his past convictions record?
Q. Yeah.
A. Several times. Wall, excuse me. Let me
A. I didn't run him through LEOS though.
correct myself. I've checked local files which I don't
know how far-- how far they go back. Computer system
that we use for generating Incident reports -- its our
local files -- We refer to It as AccuTerm end--
Q. You refer to It as...?
A. AccuTerm.
B
9
10
Q. Okay.
10
11
A. I've checked that several limes for Me, Foster,
II
12
yes.
12
Q. Okay. so why were you concerned about a

weapon?
A. Because he's known to carry weapons.
Q. Do you knew of your personal knowledge that he
carries weapons?
A, I've been told.
Q. Do you know of your personal knowledge that he
carries weapons?
A. I've never seen Mr. Foster brandl.h a firearm
13
Q. And you've flavor found anything?
14
A. That he's been arrested,
14
16
Q. yeah. Okay.
16
16
A. There's many Incldenle.
16
queston, Is driving through the parking lot of the
17
Q. Has Sergeant Patnode checked?
17
Mavericks fitness center Illegal?
18
A. You're going to need to talk to sergeant
1B
19
20
21
Palnode about that.

Q. I'm just asking you If you know If he has.
MR. FMNX; Okay, wart, you guys are stating
13
County, sir,
10
or'-! don't think I've seen him with a knife either,

Q. Okay. All right. let's locket Exhibit S.
Well, I need to ask a little technical
A. No, sir.
Q. You stated In your Exhibit 4 that he slowed
20
down. Wouldn't you normally slow down If there was a
21
pedestrian walking ahead of you?
22
to talk over each other. Just lot him - let him
22
23
finish the question. And then you need to let him
23
24
finish the answer. You're cutting him off, tea, so
24
read It to you-- At this point In time, 1 am
26
that's-- one at a time.
26
co ncerned t hat Foster will follow someone home from our
A. Yee, sir.
Q. The last paragraph of Exhibit 4 says" I'll
Page 49 to 52 of 71
Exhibit E Page 13
Jul. 9. 2012
2:56PM
P. 78
No. 1641
LUAU
53
1
office or attempt to damage one of our vehicles.'
a5
1
Why did you write that?
Q, But you see him all the time In the Sunrlver

community, correct?
A. Because that's what I believed,
A. Yes, sir.
Q. Has Mr. Foster ever damaged a Sunrlver Police
Q. Now, looking at Exhibit 5, you wrote, 'I
Department vehicle?
A. I do not know that, air.
Q. To your knowledge, he hasn't?
A. I do not know that,
Q, Okay, Has he ever damaged sunrlver Police
10
Department property?
believe Foster yelled 'I'm watching you."

Do you see that In the middle of the first
paragraph of Exhibit 5?
A. Yee,
MR. WESSON: And we need to stamp Exhibit S.
MR. FRANZ: We already did.
10
11
A. To my knowledge, I -- I would ray no.
II
MR. WESSON; Oh, did we?
12
Q. Now, Isn't It a fact that Exhibits 4 and 5 were
12
THE WITNESS: Yeah, It's done.
13
prepared by you at about the time of the February 10th
13
14
and February 20th Incidents of 2010?
14
16
A. I'm sorry, can you repeat the question, sir?
15
16
Q. sure.
16
Isn't It a fact that paragraph -- that Exhlblls
17
18
4 and 5 were prepared after the Incidents of February
19
lath and February zoth of 2010?
MR. FRANZ: We did.

BY MR. WESSON;
Q. You used the Words "I believe." And you've
used them here today.
17
18
1g
Are you sure that's what he said, 'I'm watching

you"?
A. I'm not 100 percent sure,
20
A. By me?
20
Q. All right. Do you remember what he did say?
21
Q. Yeah.
21
A, As It states In here, "I was unable to hear
22
A. The original ones?
22
exactly what Foster yelled at me except the Word
23
Q. Yeah.
23
'you." So I definitely heard him say "you."
24
A. No, sir. They were -- they were after the
24
Q. Okay. The rest of It's speculation, correct?
26
A. correct.
26
Incidents.
66
54
1
2
Q. So they're correct In their timing, March 11th

and March 12th of 20001
1
2
Q, Have you ever seen Mr. Foster in the parking

lot at Blondle's prior to March 11th of 2008?
A. Yes, air,
A. To the best of my recollection, yes.
Q. well, either you know or you don't know. so
Q. How many times?

A. I don't know, tee goes to lunch there a lot
yea or no? Yes, they were prepared, or, no, they were
not?
A,
Q. You believe. Do you know?
I believe they were, air,
A. To an absolute certainty that these dates are
from whet' recall.

Q. I'm not going to introduce these Into evidence,
but I'm going to represent to you that this Is from
August 31st of '07 through September 70th of'08. Just
10
absolutely 100 percent correct, I can't testify that
10
take a quick thumb through that. I just Want you to
11
they are, but they should be.
11
see how many times he's stopped at alondie's and bought
12
food. Just take a look.
12
13
Q. well, cut yourself a little slack. They were

prepared within a day or two of those two dates,
13
MR. FRANZ: Well, If you're going to refer to
14
something, l'd like It as an exhibit because then I
15
A. I believe eo.
16
won't know -- because then we're going to be guessing.
16
Q. Okay, All right, Now, In Exhibit 4, the first
16
Can we Just make a copy and mark It?

MR. WES50N: Sure.
14
correct?
17
paragraph, about five lines -- six fines down, you put
17
16
"Immediately I recognized the driver as Bob Poster, due
16
to previous contacts."
10
20
21
22
23
Now, did you have In mind the previous contact

of the day before, March 11th, at Blondle's?
20
21
A. That would have -- sure, that Would have been 22

one or them,
23
24
Q. Do you remember any prior to March 11th?
24
26
A. Absolutely.
26
REPORTERS, INC. (541) 385-5664
MR. FRANZ; Because when we read the

deposition, Of say, 'What Is that? MR. WESSON: Okay. That's fine.
(Off the record.)
was marked for identification.)
BY MR. WESSON:
Q. I'll remind you that you're still under oath.
Page 53
Exhibit E Page 14
Jul. 9. 2012
2:56PM
May 21, 2010
Kasey Hughes
69
67
1
Okay? old you hear pie?
A. Yes, sir.
Q. Okay. Excuse me.
P. 79
No.1641
In front of you Is Exhibit 2, and I'm not going
another one.
THE WITNESS: Can I clarify something?
MR. FRANZ: If you need to clarify an answer,
clarify an answer for us.
THE WITNESS: Let me clarify an answer to you
to spend any time on that. I will represent to you
that that's roughly two years of Mr. Fosters having
that the verbiage In this could imply that -- the way
stopped at 9londle's, but would you agree that that Is
you read It -- that he never.- that he followed -- he
a considerable amount of visit,?
never followed or even made eye contact with me. It
A. Absolutely.
needs to be In reference to my personal vehicle, not
10
Just a generalkation.
11
0. Virtually on a daily basis, right?

A. Yes, air,
11
BY MR. WESSON;
12
Q. Okay. Oh, did you Just speak to sergeant
12
10
13
Patnode?
13
14
A. I did.
14
16
Q. What did you all talk about?
16
A. I can't tell you, It wasn't referring to
16
16
Q. Well, I took It to mean what It says

literally --
A. Literally meaning that-0. --you personally.

A. In my -- In my truck. I Just want to make
17
anything With this case. Its something of a criminal
17
10
call.
10
sure I-. that you understand that.

Q. Yeah, I -- the sentence Is crystal clear.
A. Okay.
10
0. All right. But you didn't talk about the case?
19
20
A. No.
20
Q. How many vehicles does Mr. Foster have?
21
Q. All right. Do you stop at Blondle's on a
21
A. I don't know.
22
0. You never got online and checked that out?
22
23
24
26
regular basis yourself?

A. You'd have to define "regular." I probably go
there once a week, maybe twice, If I can afford It.
Q. All right. soon March 11th, did Mr. Foster do
23
A. No, sir. I didn't know you could do that.
24
Q. Well, you can get license plates, can't you?
26
A. online?
60
68
1
anything Illegal?
Q. Well, no, you have access if you know someone's
A. Not In my presence.
license number" I mean you can check my vehicle out,
Q. All right. That day at Blandle's, did he do
right?
anything Illegal In your presence?
A. Yea, sir.
Q. All right.
A. No, air.
Q. Old he have every right to be at elondie's?
A. Yes,
Q. if he had done something Illegal, could you
0
10
have arrested him?
MR, FRANZ: We're doing that right now.

MR. WESSON: I figured, I'm covered.
BY MR. WESSON;
Q. All right. Now we want to look at Exhibit 7,
A. Absolutely, yes.
10
11
Q. Shouldn't Exhibit 4 have been Exhibit 5 and
11
12
Exhlblt S should have been Exhibit 4 because of the
12
You put a packet somewhere, though, so It's probably
13
date sequence?
13
right In front of you,
14
15
16
17
A. Yeah, one occurred the day before. Not really

sure why or how exhibits need to be In order,
Q. All right. Let me read on to my next question.
On the March 12th, Exhibit 4, you stated,
14
18
16
17
so -- did I give you a packet?

MR. FRANZ: We don't have seven from you yet.
MR. WESSON: It probably Is.

(DEPOSITION EXHIBIT No. 7
was marked for identification.)
BY MR. WESSON:
Q. Okay. I show you what's been marked as Exhibit
10
'Prior to this Incident, I had seen Foster many times
1e
19
while driving my personal vehicles and he never
10
20
followed or even made eye contact with me.
20
A. Yes.
21
Q. Is that your signature on [here?
A. Yes,
21
Do you remember that?
22
A. correct,
22
23
0. Is that a true statement?
23
24
A. Yea.
24
26
Q. All right. okay, We're going to skip to
26
CASCADE COURT REPORTERS, INC, (541) 365-5664
7. Have you seen this before?
Q. And did you print the big capital letters below

your signature?
A. Yes,
Page 57 to 60 of 71
Exhibit E Page 15
Jul. 9. 2012
2:56PM
P. 80
No. 1641
LI
63
81
1
Q. okay. so people could read It, I guess?
the petition, You don't have every documented stop.
A. Yes.
it you want to request It, well give It to you.
Q. Okay. When did you prepare Exhibit 7?
A. After 3uly 6, 2007, and It looks like 1509
6
6
7
hours, to after that.

Q. Did Mr. Foster do anything Illegal in regard to
Exhibit 77
A. I need to read It really quick, air,
MR. WESSON: Well, I may. But you can't use

them.
MR. FRANZ: Well, we can use It as evidence.
MR. WESSON! Well-MR. FMNZ; We're Just you have to -- the
7
8
petition has to be within the last two years.

MR. WESSON: I understand that.
Q. Sure.
10
A. Yes,
10
11
Q. What did he do illegal?
11
other stops and documentation still would be evidence
A. Following at an unsafe distance and he stopped
12
of contact,
12
13
In the middle of the roadway at one point,
MR. FMNZ: And It has to be menacing. out the
MR. WE55ON: But not of a slalking nature.
13
14
Q. Was he ticketed or arrested for that?
14
MR. FRANZ: Stalking two years prior to the
16
A.
16
petition. It would be a stalking nature, You can only
16
use the two. If you want all the Information we have
17
on him, we tan provide that to you.
16
17
No, air.
Q. You could have ticketed him or arrested him,

correct?
18
A. No, air.
18
19
Q. Why couldn't you?
19
20
A. Because you can't arrest somebody for a traffic
20
21
violation.
MR. WESSON: Iii consider that.

MR. FRANZ: Okay.
By MA. WESSON:
21
Q. Anyway, moving on.

All right. rnvitIng your attention to March
22
Q. All right. But you didn't Issue any tickets?
22
23
A. No, sir, I was conducting a traffic stop,
23
20th, 2006 at approximately 3:15 p.m., what happened

that day?
24
Q, You can go later and Issue a ticket, can't you?
24
25
A.
26
A.
at, air.
I can,
I don't know, I don't know what you'r e loot

64
62
I
Q. But you didn't do that?
A. Idid net do that.
Q. You state In Exhibit 7, the last paragraph, you
Q. All right. I'll show you. This Is Exhibit 6,

three pages.
wrote, 'Due to the lengthy history with Foster
(DEFOSRION EXHIBIT NO. 8
I have a time line In front of me, Mr. Hughes, and
according to this time line there are only two
Incidents prior to July 6, 2007. One Is March 20th of
Q. Have you seen Exhibit 8 before?
'06 and the other Is July 28th, '01. Is that a lengthy
A. Yea.
history?
10
--
now,
BY MR. WESSON;
A. That's what -- that's the Information you have,
Q. What Is Exhibit 6?
10
A. It's a police Incident report,
11
sir. We've had lengthy history with Mr. Foster, and It
11
Q. Who Prepared It?
12
may not be--
12
A.
I did.
13
Q. is It documented?
13
Q. Old you type all the narrative?

A. Yes,
14
A. It may or may not be.
14
16
Q. So could that be speculation on your part?
16
Q. And did Mr, Foster do anything Illegal?
16
A. I know that there's been documentation prior to
18
A. In my presence.- I refer back to my report
17
18
19
20
this Incident,
Q. Well, don't you think you'd have furnished It
with the petition for the stalking order If you had It?
A, It was,
17
because--
18
Q. I Invite your attention to page 3.
19
A. re
20
there a specific area you want me to leek
at?
21
Q. Oh, It was?
21
Q. Wall, I Just want -- let me ask you [his: In
22
A. Yes, air.
22
regard to what happened on March 20th, 2006, did
23
Q. I thought I had everything.
23
Mr. Foster cooperate with you?
24
MR. WESSON: Do I have everything?
24
A.
25
MR. FMNZ; you have everything that was with
26
Q. Okay. You wrote there on oaoe 3. in the Al
:ASCADE COURT REPORTERS, INC. (541) 385-5664
Yea, he did.
Page 61 to 64 of 71
Exhibit E Page 16
Jul. 9. 2012
2:57PM
P. 81
No. 1641
LL, ZULU
67
65
1
complete paragraph, last sentence, At the conclusion
of the standardized field sobriety tests, I determined
that Mr. Foster'-- - Mr. foster was not Impaired to a
A. I don't recall,
perceptible degree:
Q. You don't have any recollection?
A.
Q. Like 'We've got to get that son of a bitch,'
S
6
so what did you mean that he was not Impaired

to a perceptible degree?
A. That the controlled substance or alcohol that
was In Mr. Poster's system Wasn't Impairing his ability
to drive to an Imperceptible and noticeable degree,
10
sir.
10
Q. All eight. Back to who -- what did you and

Chief Kennedy discuss with - about Mr. Foster?
No, I don't remember,
did you say something like that?

A. No.
Q. Why is the Sunriver Police Department after
Mr roster?
11
Q. Okay. So he was not Intoxicated?
11
A. we're not after Mr. Foster, sir.
12
A, Not -- not at that point, no, air.
12
Q. Wall, has he done anything Illegal?
Q. What, If anything, did Officer Patnoda say to
13
13
14
16
16
17
Mr. Foster
14
A. I don't recall, You'll have to ask Mr. pat--
16
or sergeant Palnode,
16
Q. Okay, old Mr. -- or did Sergeant Patnode make
A. lie's stalking our officers, Including myself

and my wife.
Q. What does 'stalking' mean to you?
A. Behavior that's not normal when you follow a
17
person around (or six years, Police officers, we're
18
any sort of in your face or lunging motions toward
16
still people, air, end We have just the manta rights as
10
Mr. roster?
I0
you, and so -- and following officers home when they're

off duty,
20
A, Not that I recall,
20
21
Q. To your knowledge, has the Sunriver Police
21
22
Department ever pulled Mr. Foster over before and given
22
A. Following people In our personal vehicles,
23
him a sobriety test?
23
Q. Time out,
24
A. 1 don't know, air.
24
26
Q. To your knowledge you don't know?
26
Q. Do you have any proof?
Do you have proof that he followed someone

home?
68
06
I
2
3
4
6
b
7
8
0
10
A. No.
Q. Who came up with the Idea of obtaining a
Q. Who?
A. My sergeant,
stalking order against Mr. Foster?

A. Well, It was discussed and determined that It
needed to be done.
Q. Who was It discussed with?
MK. FRANZ: No communication about attorneys,
so outside of the attorneys, outside of our presence.
THE WITNESS: Okay.
BY MR. WESSON:
sergeant, and Vol/re going to learn that that's
ill-founded.
y
6
9
10
Q. So who was It discussed with?
II
12
A. I'm not going to answer the question Then,
12
14
Q. Without counsel being Involved, was It

discussed with Chief Kennedy?
Q. All right. so were going to get to your
11
13
A. Yes, I do,
13
14
But having said that, has he ever followed you

home?
A. No, air.
Q. Has he ever followed your Wife home?
A. Not that I'm aware of. I thought It wee, F
thought he did at one point.
Q, Isn't It possible that he could be behind you
when you're both driving through the Sunriver property
16
A. Yes, sir.
16
and he's going to someone's rosidonce to fix a hot tub
16
Q. And was It discussed with Sergeant Patnode?
16
and you're performing your duties?
17
A. Yes, sir,
17
18
Q. Md any other --your wife Tiffany?
18
roundabout six time, and he continuos following you, I
19
A. Yes, sir.
10
think that's a -- clearly that he's stalking us.
20
Q. Does a dtizen - does a citizen break the laws
20
21
by observing a police officer In action?
21
A.
It's possible, but when you go around e
Q. Oh, so you were going around the roundabout six

times and he was --
22
A. Not by merely observing, but Interfering, yes,
22
A.
23
Q. Okay. Did you ever arrest Mr. Foster for
23
times, yes.
24
26
Interfering?
A. No, sir.
^ASCADF ('011RT RFPORTFPS_ tNC_ (can zar-rrrd
24
26
lie's followed me In the roundabout several
Q. So you'd follow him around and he'd follow you

around?
Prone r9 to 6H of 71
Exhibit E Page 17

Patnode Unlimited Stalking Order

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Patnode Unlimited Stalking Order

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Jul. 9.

Robert E. Franz Jr.*

Springfield, Oregon 97477

ROBERT E. FRANZ JR.

Mr. Frank Weiss

Robert E. Franz, Jr. / Theresa

Patnode v. Foster , et al.

Monday, July 9, 2012

Number of Pages (including this cover sheet): 139

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

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DES CHUTES

In the matter of:

Case No. 10ST0028MS

Robert E. Franz Jr.

Phone; (541) 741-8220

COMES NOW Petitioner Joseph Patnode, by and through his attorneys,

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

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

Motion for Unlimited Stalking Order

/s/ Robert E, Franz. Jr.

IN THE CIRCUIT COURT OF THE STATE OF OREGON

In the matter of:

Case No. IOST0028MS

Memorandum in Opposition to Respondent's motion for summary judgment

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

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

Page 1 - Legal Memorandum in Opposition to Respondent's

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

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

Because Respondent is not Medically Cleared to Testify in These

ORS 30.866 (1) Provides as follows:

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

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

Page 2 - Legal Memorandum in Opposition to Respondent's

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

cause to issue a Temporary Stalking Protective Order against the Respondent

upon the following findings of facts found by Judge Perkins:

1. Respondent has engaged intentionally, knowingly, or recklessly in

immediate family or household and thereby alarmed or coerced

ever been taken from this order.

granted the filing of an Amended Petition.

Page 4 - Legal Memorandum in Opposition to Respondent's

to postpone the trial because the Respondent "has a diagnosed medical

motion to postpone was then granted on that basis.

Respondent filed a motion to postpone the trial because of the unavailability of

denied by Judge Sullivan, the Respondent was ordered by Judge Sullivan to

because of the medical condition of the Respondent. The Respondent has

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

Wade Parker, M.D.:

postponed twice because of the Respondent's medical condition, which now

Page 5 - Legal Memorandum in Opposition to Respondent's

State v. Ryan , 350 Qr. 670, 261 P.3d 1189

BY: /s/ Robert E. Franz. Jr.

Page 6 - Legal Memorandum in Opposition to Respondent's

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF DESCHUTES

In the matter of:

Case No. 10ST0028MS

Robert E. Franz, Jr., being

duly sworn, do depose and say as

2. 1 am the attorney representing Petitioner Joseph Patnode the aboveentitled matter.

Affidavit of Robert B. Franz, Jr.