10 a 1s 20 28 7TH JUDICIAL DISTRICT COURT PARISH OP LAPOURCHE HONORABLE CHRISTOPHER J. BOUDREAUX PRESIDING JUDGE, DIVISION D SANDRA BROOKS DockET NUMBER 133090 sour 21, 2017 ‘THIBODAUK, LOUISIANA MOTION FOR PROTECTIVE ORDER APPEARANCES RICHARD DUCOTE, ESQ. Counsel representing Plaintiff, sandra Brooks. (CARL JORNGOK, PRO SE, pefendant, certified court Reporter (205) 4 eoeya Fo Fey 20 2 30 3 noex Sandra Brooks Direct Examination by Mr. Ducote- crows Examination by Mr. Johneon~ 28 piaineie reste carl Johnson Direct Examination by Hr. Johnson 20 croas Examination by Mr. Ducote--~ Redirect Examination by Mr. Johneon- clarence Johnson Direct xamination by Mr. Johnson Examination by the Court cross Examination by Mr. Ducote: 6 Sandza Brooks Direct Examination by Mr. Ducote: cross Examination by Mr- Johnson Closing argunent by tx. Duccte~ Closing argument by Kr. Johnson: Ruling of the Court-~ 7a a as w s 20 2s 20 a ‘THE couRr: Next matter is Sand: versus carl Yes, Your Honor. she's in the hall, if T could get here. ALL right. If you don't mind, ya Mr. Carl Johneon present? ‘rae court: We have counsel for both parties in this don't know sbout Mr. Johnson, Your Honor May {t please the court, Richard Ducote, counsel, for the plaintiff, sandra Brooks. Me. Johnson, you can come on up and have a seat on this side the table. Mr. Ducote, have you had a chance to speak with Me. Gohnaon aa to whether or aot there would bbe any stipulations? we, pocorn: T have not, Your Honor, but 1 would certainly Me. Johneon, this is not an attempt to encourage anyone to do anything, but 1 alwaysa a as 2 * explain to the people that are here for protective orders what this ie sll about. A petition for a protective order fe not a criminsl proceeding. It's just someone asking for an order from the Court for no contact. Ke used to call them peace bonds, stay away orders, things Like that, but it does have sone significance because if the allegations are that there was some sort of physical violence or threats of violenes and there wie sone allegations of « past relationship, either ae husband and wife or Living together as boyfriend and girlfriend, the domestic definition, then there are ramifications Af the protective order is issued, The person cannot possess firearns: So I always ask the parties if they vant a hearing or if they want to stipulate and agree to the protective order without adaitting or denying anything, People can cone to court and v gudge, 1 don't want to go through de. T!11 Just agree to the protective order, but it still has he same = fications. So I'm simply asking you that if you want to talk about a atipulation or Af you'd 1tke a hearing T don't want to -- I'm not going to agree to the accusations matte fine. With that aid, ie there anything that ve need to addres 1? before we begin, coun:10 2 ae a 20 a No, Your Honor, I do not believe so. ALL right. ‘This de a petition for a protective order filed by le. Brooks. She sade various allegations, This is pursuant to —- give ne just a second -- looks like it's pursuant to Revised Statute 46, section 2132. It allows for a summary hearing Woat happens, Me. Johneon, ia Ms. Brooks gets to present her evidence of testimony. You'Ll have the opportunity te question her or her witnesses. Tete called crose-examination Whenever she's finished presenting her testinony or her witnesses, you have a chance to respond and either present evidence, testimony, etcetera) un. soRNsoN: ‘Thank you ‘rue comer: Please proceed, ym. pucore: Your Honor. Could T just have the court advise Mz. gobngon that he does have the ight to be represented here and that he apparently docs not have counsel and has chosen snot to have counsel just so that the record is clear in that regard. ‘mmm court: Well, St'2 not a criminsl matter. 1 have no obligation to advise him of chat, If there are allegations of a criminal nature, sir, T can advise you that. I mean if the allegetiona, ever though thie ie not a criminal matter, if there bo10 a as a are allegations made of a criminal nature, obviously, you do not have to respond to these You have the right to remain eilent because anything could be anything you say could be used againet you if there were criminal proceedings You alwaye have the right to an attorney. T mean T have no obligation to advise partios of that in civil matters, but, obviously, of the criminal nature, you Rave the right co remain silent. Did you intend to hire an attorney in this matter? MR. soENEOR: No, T did not think T needed one. That's why T didn't. No, sir. You're free to proceed, counsel ym. pucome: Very good. I call Sandra Brooks ‘rar couRr: cone forward, Me. Brooks and, aiz, I'm not insinuating that you had to have an attorney. A lot of people cone here without attorneys for protective orders. T mean that's your choice after having been frat duly eworn to testify to the truth, was examined under oath and testified a follows: BY KR. DucoTE: @. Would you state your name and address, pleat A. Sandva Denice Brooke and my address is confidential©. And what do you do for a Living? Nearly two years @. And what is your education? ©. From where? college with one class left @. and you married? ©. And were you in a relat jahip with Carl Johneon? How Jong had you been in a relationship with hin? A. Approximately 14 months. and did you live with hie? Q. And where did you Live with him, at what address ©. And does Mr, Johnson still reside at chat address? AL To my knowledge, yes @. Do you have sny children? ©. Mae there any event in which Mr. Johnson committed acts of violence against y ©. When was the £ A. The first tine was between late Novenber and early @. And where did that occur? ©. were you living2 as 2 Ey 29 30 ©. And what happened? A. At the time we had an argument and during the time we were settling the argument, he asked me to give him a hug) Excuse me. So he opened his arms to hug me and 1 thought hhe was generally apologizing to me. I went up to him to hnug him. At that time he weapped hie arms around me and he restrained my arms. He squeezed my body up against hie very hard. He wouldn't let me go. I was screaming. And at the time, T thought that he popped one of my breast implants and it bruised it, rt bruised ay body and 1 had obvious deformities from it. ©. And what id he say, if anything, while he was doing hat? AL He laughed after he did it, but once he realized how serious I vas and how upeet I was, he appeared to be afraid and he said that he didn't mean to do it. and T told him t needed to eee @ doctor: @. And how call is Mr, Johneon? AL Approximately 519", s'20" About how much does he weigh, if you know? A. thought about 185 maybe ©. What does he do for a living? A. Ho'a a game official for the National Football League. 0. And what kind of physical condition ie he in? A. Very, very good physical condition @. And does he work out? Dose he maintain any kind of athletic regiment? A siz, daily workout Q. What does his workout consist of? AL Tt consist of things thar football players do, running, jogging, weightlifting. Also, game officials run fon the field, do different things with thelr hands,» a as 20 a 2 22 strengthening their arms and fingers and lege @. And how tall are your @. And how much do you weigh? ©. Did Mr. Johneon make any particular threats against AL ves @. What was that? A. The firet threat wae the night after he squeezed me, hhe comered me before I went to bed and he cold ne chat if E told the doctors what he did, that he would hit me with the baseball bat and that he would Ait me go hard that ay body would go one way and my head would go another. @. And then did he tell you what would happen to you after that? He gaid that his brother had locations where they could put my body and that no one would find me and that he would get his nephews to help dispose of me. 1 wouldn't be found, So what did you do in response to that? A, I didn't sock medical attention. 0. What was your mental and enotional state in response ro those threate? A. That particular night, it was -- I was very emotional. X started stuttering for ebout 24 hours that it was => T couldn't contain myself. re Just put me in a very frightened state of mind, ©. Were you afraid of Mr. Johnson? 0. So aid you stay with him after that? A aiaa v 22 2 26 2 20 ©. And why de thee? AL Bvexy tine I attempted to leave him, he would find a way to persuade me to stay and I gave him chances and kept trying ©. Were there any other acts of viclence against you after that night? AL Yes: @. When was the next one? AL We had an argunent on February 24, 2027 at hie residence. Again, he cone to me. I thought he was going co be apologetic about something, but he che argument, that wae -- I felt he was turning it around on me. And so. hhe left the room and I followed and x wanted to talk about At a Little bit more. When he turned around, he charged me and he tackled me with open hands, grabbing my body, threw me to the bed. He choked me. He straddled hie body on top of mind and pinned my arms down. He kept his hands under amy throat and he kept telling se stop tearing his shirt. ‘but the entire time that he was telling me that, he was grabbing ay arms and pulling ay hair and wouldn't get off of me until I vas able to free myself Q. And what did those acts cause you to feel, if anything, physically and mentatty? AL Well, Twas surprised. mr. Johnson told ne that he would never put hie hands on a onan. So, of course, him choking se, it surprised me, him grabbing me and doing the things that he aid, I was taken aback. 1 didn't mind the argument, but the physical -- it was -- ie was just very surprising. @. So what did you do in response? A. We continued to argue. ©. So aid you stay with him after that?n 1 ” a 2 And why ie that? out of fear 0. Were there any other incidents after that? The next physical well, that same night, we fought several times chat same night. Later on, he cornered me in ‘the bathroom. I had taken hie phone to call 2 young lady ‘that he wae in contact with that 7 kept aeking him to call and he wouldn't. S01 took the phone and I ran to the bathroom. He came into the bathroom and he choked se again. He scratched me. He cornered me into the bathroom land he took hie body and he kind of like head butted me and pushed with hie cheat to get me to stay in the corer. so once released hie phone and everything, 1 just kind of tumed ay head and then he told me do something about it So we continued to argue, continued to argue. And the last incident that night was he and I Tim sorry. We had another eituation in the bedroom ss he vas helping me to pack my clothes to leave. I grabbed him by the shirt. T wanted to talk and he picked my body up and flung it to the floor. I received Ligament danage because of that and -- @. How do you know that? A, Mell, at the time, Mr. Johnson ordered me not to seek medical attention. He said T could, but not to tell them wnat happened. He said just tell them your leg hurte [And then he triad to coach me and tell me what to say. T Aidn't seek medical attention until after I left him. and E had MAte done and it was determined that there was sone Gamage done to my Ligenent ©. 80 Af Mr. Johnon iz found to have engaged in domestic violence, does that have any implications for him? For his job?2 u as 1 30 a A. He told me he was many times he was concerned about hia public image and he -- he didn't go into very mich detail about domestic violence, but T know that he wae not able to have these type of things brought into the NFL without them -- his job being threatened I guess: @, So at what point did you leave him? A, I left on March sth after 1 found out he had given me a sm. ©. So what was the last act of domestic violence against you? A. on March 4th, I thought we were on the track to resolve our iseuee and cone of the phyeical thinge that had app T had moved lout the bedroom with him in Decenber. However, I did agree to have sex with him in March and when ve did, he wae very forceful. He again he held my hands dom. He wouldn't let se move. Ke told me -- every time 1 told him that ie hurt land what he was doing to me that he couldn't do it to me, hho knew that he couldn't do that, he told me to shut up and cake it, tater on when T asked why he did it, he told me it was my fault. May I approach the witness, Your Honor? Yes And I've provided Mr. Johngon with a copy of these exhibice, By wR, DocorE: ©. X'm going to show you what T've marked for identification as exhibit P-1. Mr. Johnson, that's thisa a6 ae 20 a a2 26 20 2 What does that depict? Do you recognize that? ©. What de that? A. This is a picture that 1 took on or around March eth. It's a picture of my back. I'm actually looking in the mirror. That flash that you see is ay phone taking the photo in the mirror. it's the bruises on my back that surfaced from the physical injury that Mr. Johneon caused. @. Okay. And if 1 could ask you just to -- if you could just circle, please, the injuries that Mr. Johnson caused fon your back. AL tien complies with request.) ©. You just have to press hard on it Q. Try another. If you could just circle the injuries: A. (Witness complies with request.) we. pocorn: Mr. Johnson, you see that? I have thie, T would offer, introduce, and file inte evidence P-1. Did you need to eee up front, up close where she circled, oir? ‘They're circled on here T believe ALL right. Why don't you just -- why don't you just look at what she circled just so you cana a 16 a 22 2 2s 30 2 (mr. Ducote shows photograph to Mr. Johnson) 0m, okay. Thank you. Photograph, Mr. Johnson? wR. somison: can say somsthing? Yee. Yes. Tim asking if you have any objection to him offering ie into evidence? mm. gomnsoxt: Yes, I aid. 1 deny it Well, 1et the eter be admitted into evidence, Sir, you will have the opportunity to reopond as to the voracity of her testimony, but it's competent evidence because she testified that she took the picture. r'11 decide what weight 1 give ic, 1 underatand. Okay. Tim going to show you next Exhibit P-2 that's this, Mr, Johneon -- and eak you what this depicts, Af you recognize the photograph? A. Yea, ir, That's me, Hxcuse me. It! scratches and bruises to the right eide of ay back. Injuries were caused from the domestic violence from Mr. Johneon. 0. And does that photograph accurately depict the way your back locked at the time you photographed it?10 u 16 ” a 2 2 AL Yes, six, it does. This wae also taken in a mirror, @. And do you have injuries on your back in that AL Yes, sir. ©. can you circle them, pleas A, (Witness complies with request.) Okay. And how did those injuries that you cixcled come about? A. wuen Me. Johnson grabbed me, hie nail marks -- his fingernaile made the claw marke and when he tackled me to the bed, I had boxes on ay bed that I landed on top of @. can you just put 2 "ct by the claw marks. AL Okay. (itm so complies with request.) Mr. gohngon, I'm going to ahow what she circled snd marked. You see that? okay. ©. And what date did this occur? AL on February 24, 2027 @. Okay. And what day were the photographs ~~ was the photograph taken? ken on March Sth, on of around March 8, 2017 T would offer, introduce, and file into evidence P-2. any objection, Mr. Johnson, to the offering of the photo? ym. somnsom: No, sir.n as 18 as 20 as 2 30 ‘THE cour: let it be adnitted and marked, @. Tim going to show you what Tive marked for identification as P-3. Ms, Brooks, T'm going to ask you if you can identify that? A. Yea, sir. That is also a picture of myself that 1 took in the mirror on or around March eth, It's scratches and bruises on the left aide of my back @. And does thie accurately depict the vay your back looked at that time? @. And how vere those injuries caused? AL By Mr. Johnson. @. Doing what? A, In the physical attack on February 24th. ©. Okay. Can you circle the injuries that he caused A. (Wlenese complies with request.) Me. gohnson, you see what she circled? mR. sOuNSON: ves wx. pucome: Your Honor, T would offer, introduce, and File inte evidence P-2 ‘THE couer: Any objection? aR. soRNSOR: No, sir. Let it be adnizted and marked. BY wR. DuCOTE:4 20 22 @. Me. Brooks, I'm going to show you T've marked for identification as P-4 and aak you if you can identify that photograph? A. Yes, six, That's @ picture of my right leg that 1 tock. It's bruises to my thigh that was caused by Mr Johnson in a physical attack on February 24th. 2. And does that photograph accurately depict the way your leg locked at the tine you took che photograph? AL Yes, six, tt does. @. And did you circle the injuries that Mr. Johnson caused? AL Yes, air, 1 aia, we. pucore: Me. gohnson, you see this exhibit? xR. somson: um. pocore: would offer, introduce, and file into evidence P-4 ‘me cover: ALL right, Was that photo algo taken on March 8th, ms yes, sir, it was: ‘THE couer Any objection, Mr. Johnson? Mm. omisom: No, ete Let it be adnitted and marked as P-4 ey un. DucoTR: 0. rim going to show you what I've marked for —— $$2 ae ae ww 23 28 identification as P-5 and ack you what that photograph depicts? A, That's an sluminum bat. Te a picture of an aluminum bat. 1 took the picture. I'm eorey. e's okay. A. Look the photo on March 6th. This {eo the bat chat Mr. Johnaon bad on the day that T lett. @. And what's the significance of that bat? AL tim sorry. Q. Te! okay. A, On March @th, I just -- x returned hone from work at about $:20 a.m. The night before I asked mr. Johnson to get my thinge from out the attic. He knew that I vas planning to leave this day. S0 when I got hone, he was pitting in the dark. The things out of the attic was off to the right and Mr. Johnson was sitting in the dark on the left with the bat next to him. 1 asked him about the bat land he aaid that he vas going to do & workout with the bat tinen T acked him te ove the bat, he put it there to where he left it. And thie de the door that I was planning to leave out of. But Mr, Johnson and T had several conversations over the last year about a woman in Geismar that was bludgeoned to death by her husband with a baseball bet. So he knew that the lady and I chared mutual friends and I vae frightened by it and very upset and disturbed chat she died that way. ©. Now, you had testified earlier about him telling you that he would do something to your head? @, And what was it he said he would do? AL He was going to bat ir off with a baseball bat.a u a 22 2s 30 a1 I would offer, introduce, and file into You see it, Me. Johnson? ALL right. Any objection, Mr. Johnson? ya. somNsoN: no, aie Let it be adnitted and marked. BY xa. DucoTE: ©. Xm going to show you what T've marked for identification as P-é and ask you what that is, Me. Brooks? AL Thie ie a picture of ay left underarm bruising. I ‘took this photo I was walking in Hero's Park on or around February 28th. 0. Of what year? ©. And does that photograph accurately depict the way ‘that part of your body locked at tine you took the photograph? A. Yes, it does What does de depict? A. The bruising from -- that I received on the night that Mr, Johneon attacked we ©. And what wae the date of that attack? A, The attack was on February 24th. ©. Okay. And can you circle the injuries that Mr. Johnson caused on your body. AL (witness complies with request.) aE cover:ao nu 2 a 20 a 28 And, matam, was your testimony that you took chat picture on the 26th Mo, sir. T took the picture of the bat -- im sorry ~~ on thie one? ‘THE courr: No, no. This one. ‘THR wrmwess: i'm sorry. Yes ‘the 28th walle you were walking in the park? ‘rae courr: ae wrmmess: ©. So what you circled on there is what? A. Thatta the injury that was caused by Mr. Johnson on February 24, 2017 xe. pucoTE: T would offer, introduce, and file inte evidence P-6 You see that, Mr. Johnson? ‘THE couRr: Any objection, Mr. Johnson? No, sir.10 a au as 1s 6 2s 29 30 a Let it be admitted and marked. ‘by mR. DucorE: 2. Now, T'm going to show you, Me. Brooks, what T've Ssarked as -7 and ask you if you can identify that? A. Yes, sir. This is a picture of ecratches and bruising, broises on my left arm. 1 took this also in Hero's Park on February 28, 2027 And how dia those injuries occur? A. Mr. Johnson was pulling hie cellphone from my hand and he scratched ne. ©. Can you circle the injuries that he caused? A (wien complies with request.) Mr. Johnson, ?-72 am. somBoR: I'd offer, introduce, and file into evidence su cour: any objection? No, air. Let it be admitted BY MR. DucoTE: ©. Tim showing you what I've marked as P-8 and ask you what that depseta, AL This is a picture of deep scratches to my left back. Photo was taken by Mr. Johneon at his residence on February Okay, now, how did it cone about that Mr. gohneona a 29 a actually took photographs of your back on that day? A. on that particular morning, he and I were eitting at his table in he kitehen and he was sitting in front of me. ‘and he wae asking me how I vas feeling and x told him that aay back was still hurting. and I put ay hand behind my back and I said and there's something scabby here also So he said, yeah, I saw what I did. So T said, what you rnean? He said, you got eomething back there. And I said, what ie it? and he Md, iete marke. S01 said, well, rake ay phone end take a snapshot of it, Let me see it He got up and he took a snapshot of my body and he gave me tthe phone and he blew it up 90 1 could see it ©. And what was his deneanor or attitude at the tine he was having this discussion with you? AL Very nonchalant, Like any other day Can you circle the injury to your back. (nitness complies with request.) And the date thie was taken was when? yore That wae taken on Februazy 28, 2017 @. And did you have anything else happen to you other than the attacks by Mr. Johnson that would have caused that injury? mR. pocore: Mr. Johnson, you see what she circled? I would offer, introduce, and file into evidence P-8. ‘THE cour: Any objection, air?as 1 1s a 2s 30 a No, ate. ‘THE courr: Let ie be admiteed and marked, By xR. pucotE: @. And 1m going to show you what I've marked for identification as P-9 and ask you what that depicts? A. tte deep scratches to the right side of my back. ‘This photo taken by Mr. Johneon at his residence on February 28, 2017 @. And was that at the came tine that he took P-8? oe . And what wae his purpose, if he told you, for taking ‘that photograph? AL He wanted me to see his work, He vanted me to see what he had done, but I had to innediately delete then. ©. Did you delete then? A. Wo, sir, @. And what do you mean you had to immediately delete hem? A. He ordered me to delete them fron my phone after I saw What he hed done: ©. So what did he tell you about his showing these to you? Did he tell you why he wanted you to ese then? A. When T reached behind we and I could feel the scab, it was gort of ike he was proud of it @. Okay. can you circle any injuries that are depicted in that photograph? AL Yeo, cir. (Witness complies with request.) . Did you have anything else happen to you other than the attacks by Mr. Johneon that would have accounted forFr n 20 2s 2 AL Abgolutely not, air. ©. And what kind of contact did Mr. Jobneon have with your back that would have caused those injuries? Guring the physical altercation on Februscy 24th, {© would have been the initial when he tackled me, he tackled me open hands Like this (denonetrating) and tackled sme backwards onto the bed, @. So what part of his body would have contacted the part of your body that's within that cizcle? AL Hie hands. Me. Johneon, you see that P-9? oR. sOmSOR on-buh, mm. pucore: I would offer, introduce, and file inte ‘THE court: Any objection, Mr. Johnson? Let it be admitted and marked, BY MR. ducorE: @. And, finally, I'm going to show you what I've marked for identification as Ecibit P-10 and ask you what that A. Thatta a letter weitten to me by Mr. ohnaon, And what was the date of that letter? A. on oF around Februaty 28, 2027. @. And how did you come into possession of that letter? AL He put it ineide of my vehicleao as 20 23 27 28 @. And do recognize that to be hia handwriting? @. And can you ead it, please AL Te eaye, tHey, baby. I learned quite @ bit from you fon how we should jolve relationship confiicte, I'm truly sorry for hurting you Saturday. You are the love of ay Life and when you hurt, T hurt az well, We've moved on and Tim more in love with you than before. I know what Z have with you and 1 will never hurt you again. Love, Pooehie.* am. pucome: I would offer, introduce, and file into evidence P-10. YR. sORNEON: T didn't get @ copy of that one, May T see chat? You don't have a copy of thie? (ir. Ducote hands defendant = copy of document) Give him a second to review ir, counsel mm. pucore: ‘This is just one that I shoved her. You'll see itte the (Defendant reviews document) Watch -- may 1 ask = question? ‘TH court: You may. You may, Me. somison: Te just cays -- when was this? This says12 we 1s 20 2 2 3 32 saturday. ‘umn cour: She just testified as to when it occurred, Sir. she claine that it occurred on or around February 28, 2017 that she found it in her ventele Wo. Okay, T -- ‘TmE courr: Tim just asking if you have an objection to At being admitted, obviously, you ~ oR. soREOR: What's your objection? Because there's no date on it and I remember writing many letters to her and notes to her when ‘she would go to work way back in December and Novenber at her place, on little sticky notes: ‘THE courr: ALL right, sir, let me just cut you off you'll have the opportunity MR. JOHNSON: oh, okay, ‘THE cour: => to either question her or cross examine ber or even present that testimony when it's your turn if you wish to, but aa far as evidentiary objections is what Tim asking, not as to whether it's what she clains it 1e, not as to the weight for the relevance that I might give it. The issue