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8/10/2019 Hearing Transcript in Foster Case
1/59
Jul
.
012
:58PM No.1642
.
21, 2010
6B
I
. That's not what I
said, sir. I said he
2
ollowed ma,
3
.
But couldn't you have Just speeded up a little
C. p I I F T
C .
I.
4 nd then been behind him and followed him
around In a
1
slnle or 0.e105
11.
6
oundabout?
'
C60AN OF ersrwt.
d
. I could.
3
Q. Yeah.
a I, LISA'. r14dx,
c...
Elie, Sno.w..d
1prl.r.
7 d
o
a...
...11
Ir.
0
Oh, I need to ask you, how tall are you?
s
m. p. 1,y v,
nie, .I CII
..., udr.e
9
A. Five foot seven, I believe.
,
0.115.. 06EY 0. 15401 1. .. .lidos lieu
a.rIS Ion
10 Q. How much do
you
weigh?
11
I. c I'leno how. .,
(bit r TM C...Iny .v..I..4 Ti
11 . Right around 200 Pounds.
1. ... by te rely .Irn.
TO
T.r Ib erunl.
.. tar
.n rave by in In
12
Q. Do you w ork out?
Is oat
Inrl..a ..d d...
.......d r. vlll.p
13
. Yes, sir.
'.
w..1n c..oe (or 'abee aaa.s''p1I a. Olin
m
14
.
Do you know who BIII Peck Is?
11
W.1dleI
1.110. . b. b
_' 1
L lilt, , . 1.
=.
.m [......
bran.[..pl of IIi proud1.1. Iwo II II
10
. Y do,
n
E.....Ip .u.
, .
46
. And who Is he?
Is I rd ,
un
,
..,wr
m.I I 0 101
...uarpr ror
17
. He's the -- Well, I hope I don't get In trouble
II
.y .r m partial '.arts,, ..,
n
ddy
tar 000...04
10
y mispronouncing his title. I believe he's the Y0 `
allpi
~
. 041.
a.y
.1
nor solo, 1
1..d,uT1
sunrtvar owners
9 irector or president of the
b
20 ssociation.
+tie
O~
r
s
LI$AI, Iffi00N
21
. And did you and Mr. Peck discuss getting a
3.
@
~
l-1
r
I.Ia
f map.
22 talking Order against Mr. Foster?
23 . No, sir,
95-0
311
24
. Did -- to your knowledge, did Chief Kennedy
~p
70
1
. I do not know.
2
, And Sergeant Patnode, did he discuss It with
3 Mr. Peck?
4
. I do not know.
6 . Okay. Thank you.
0
MR. WESSON: You can ask him any questions If
7 you w ish. I'm done.
0
MR. FRANZI I'm done, too.
9
(Whereupon, the deposition was concluded
10
at 1031 a.m.)
it
12
3
14
16
to
17
10
19
20
21
22
23
24
28
CASCADE COURT REPORTERS, INC. (541) 385-5664 Page 69 to 71 of 71
Exhibit E Page 18
Petitioner '
s Response
8/10/2019 Hearing Transcript in Foster Case
2/59
Jul.
.
012
:59PM
No. 1642
.
A
Exhibit E Page 19
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
3/59
J
u .
012
:59PM
No.1642
.
G ' / A O I LG A U l - J ,t A 4
`Jnya
~~d~r~
Diorldle's of
Suntver
Two Country Man, Pa pox 4859
Sunriver, OR 87707
(641)1}1919
data;
0.850-98
Tubs Alive
PO pax 9893
$unrlvr, OR 97707
&1b &Can le Fnste y
STATEMENT
NET; 10 DAYS
bale
NV #
b@h[ts
Credtts
alance
0 37109
Tubs Mw
$1x1,7$ A
$48476
911/087untMm
an
$493.69
91310811ts
e
$14A $508.88
916/08 Tubs Aaw
845
516.43
9/7109
Tb,Aae
$xys
$525.58
919/08 TuMAM
stem
$544.84
9/10108
TAnMve
S1&4v
$553.04
9/13/08 tunsMn
$
Aw
$571.64
(
9114108
TMAB
+
a
$B$5
$577.39
0/16/08
lWfln
$xaa
$585.64
9118/08 riwAare
$e.
$59714
LIj1H/Oflh
sMyi, $x.77
5000.91
9/19/08
m
*nv
$
z1
$922,97
9120/08 ttes
AR,e
SC.es
$628.22
9127/08 Tbs
Abp
$17.01
$64929
9123108 T a AFro
Sla.71
$864.94
9/24108 T$s Aga
$$571
$997.65
0/20/08
t im Mn
$1$10
$711.05
9/26109
T b&ANM
$4ea.7x
229.29
9/281119 Tws
A*ry
$
11
9255,
9/30/08 iw. Mn
i
6
~
lclli9rc
-~
Exhibit E Page 20
Petitioner
s Response
8/10/2019 Hearing Transcript in Foster Case
4/59
Jul.
.
012
:59PM
No.1642
.
L15/1tl/Ltlltl AO: A U
Blondla's of suntiver
Two Country Mall, Po Box 4839
3unriver, O R07707
(641) 583-7018
Date;
1-Au0-08
Tubs Alive
pO Bolt $833
Sunrlver, OR $7707
p0b & Connie poster
STATEMENT
NET: 10 DAY$
Date
14y# Debits
aredlts
alanae
7131106
ToesPLNa
$511.09
5511.33
B/1/6BTubsAltve
$21.m
558234
812108
Tbb, AMP
$19A0
$551.64
812108 TubiAsve
529.61
$581.25
8/9/06 TubsArw- tia10
$593,35
8/4/08
TUb1Awe
$1s.t5
$012.60
0/b/08 flA.
ve
$t
3
.7
1
$630.31
8/0108 its. Awn
$1120
$947,51
er7108 T.ms Pfwv 127.03
$076.04
8/8/087bbl Ma
$14-17
$650,21
8110108 TubsAMg $10.85
$708,06
8/11108 TUbMUO
$21.01
$729.07
8/12108 TuksA4ve
$tava
$753.05
8/1 MIS 1w.Arve
s16.66 $760,91
8116/08 TubsAWe TaeO
$789.81
8/16/08TubAAWc
$2
4
.79
$810.69
8117/001w..A7ve
$t.us
SB18,64
6/181081bbsArvs sia.cs
$894.80
$/19/0811b.A$vo
MAO
$853.70
8120108120, Avo
$22ew
$876.14
8/21/06 Tub11We $28.40
$902.80
8x22/00 Tt6s.6ve
$*IQ
S990.16
6(22108 TubsPlive
$s11M
416,43
8123108 7l4,6nave
$1046
5432-60
8124/08 Tubswvo $15x0
$446.19
8125/08 1bb3AMO
$eAI
$454.80
8/26108Tb,Awe eao
$46x.30
0/27/08 TWmAMe
$4.45
$467.76
8128108 Tubs Alive
$77.01
$464.76
on
Exhibit E Page 21
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
5/59
Jul.
.
012
:59PM
No.1642
.
Blondle's or Sunrlver
TWo County Mall, PO Box 4839
Sunhver, OR 87107
(541) 593-1018
pate: 1 .Jul-08
Tubs Alive
PO Box 3883
Sunrryer, OR 97707
Bob & Connie Foslor
STATEME{9T
NET
:10 DAYS
Date
NV#
Dedite
Credits
alance
6130108 Tubs
PJHO $414.&i
$415.64
7/1108
Tubs AN
142s
$429.00
7 /s/08TabnAw..
$11.97
$451.77
714108
Tub,P
$21.51
$473.28
116(08
1\. Awo
40.96
$514,23
710,108
TubsNtro $t6.
$529.89
71810E
TutAw $1176
5640.64
7111108 Tua, AM
Pa.s9
$554.32
7114108 Tubs Alwa
$2W.w $324.32
711210$
Tt,MPO
lam
$330.39
7112106
TubsAJNQ
$lags
$340.64
7113108Tub1AWn
15.02
$354.20
7115106
Tuba N49
13.41
$
3
308,07
7116108 TW
Abr
$ts,co
$963.73
7117108 TobsAwo
$1642
$999.16
7/18108
Tuns ANuo
$2229
$422.42
7118108
Tubs Mn
$19.11
$410,73
1/21106
Thb N9n
$22.89
$484.03
7121108 Tubsfve
4195.64
$276.30
7122108 Tub$Awn
t21,5a
6313.08
7/2$IOE
Tube Arryv
$10.91
$331.39
7124108
TubsAJ:w
$vzee
$354,26
7/26108 Tabs Mn
$1894
$387,21
7620/08 Tw,Anvo
$3`46
$389.50
7127108 T01AM
$0.49
$398,02
7128(08
Tub,A$t
$19.46
$414.58
7/29103
Tuba Mn
$11A1
$427,90
71)0/06
'Tub, Mn $7o.1s
$448,
7131108 TubsAlva $47,16
E5
33
Payments
appnea m involves on lust ln/nrst OW Dais.
Exhibit E Page 22
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
6/59
J u .
.
012 :59PM
No.1642
.
9Tondle's of $cinder
Two Country Mall, PD Box 4939
Sunrlvur, OR
Snot
(647)898-4919
Date;
0.Jun.08
Tubs PUIva
PO Pox 9833
Sunrlyer, OR 97701
bob& nnle na
,,,
S ATEiMENT _
NET;10 DAYS
pale
NV#
ebits
redlts
slancs
8/31/Os rune A9vA
$5.s
1405.55
6WO8' w, AW4
WAD
5483.96
618 08 T,
lw 1%
$500.91
6/3/05 Tw,Ago
Slim
$517.92
814108 TU Awe
$29.10
$547.08
615/0B Tubi AMv4 stria
$586.50
6f910a1w,Anre
$le.i1
$50167
619/98 AYC
659P5
$622.82
6/10/00 Tun Atm
$S14
$014.95
6/11108114Awo
$5,40
5678.46
6/12/09 TM&A9,n
34$.s
215.90
6/14n151wP4lm
All2m
$239.11
0/15108 Tbb,A&.tl
$14.0
$243.19
6118/08 Tw,M,n
$121
S261.80
6/17/06 TUb,AMv $1931
$281.21
8110/08 t t,AMV5
4$A0
$200.61
6118/06 TubtAk$
idf
$303.84
01
~
~20008 rt~MANa
1709 3110,4.4
6/231O8Te,Mxa
sfu
824.94
0/24/08 TIA. Awe e,ug
882.99
61241681\IAMp
16.11
952,70
W25/08 'JIM Ak,o
27.99
080.80
6/20N8 W, As+o
19.95
994.55
6/30/081WI A/n+
.rA
415.84
DDD044opnDooacD 1790
D
D tlrJ
DdOD
1 90 Days
9
0 Days
li
it
an a Due
O.
0.09
OO
415.04
416.
Pay
re s applied to Im robes an first infl ret out basis,
Exhibit E Page 23
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
7/59
J u .
.
012
:00PM
No. 1642
.
olondle s
or
6unnver
Two Country Mall, PO Box 4639
(
Sunrlver,
Oft
97707
(641) 593-1010
DaW
1.Moyd18
jTubsAftve
PO Box 2893
Sundver, OR 97701
Bop & Gonnle F star
ST T
_ -
A EMENN T
NET: 10 PA
Date
NV#
Dabils
Credits
9alan
c
4/30100 Tub, A1we $946.02
$345.92
611108
Tub, AEV. 6
5A
$361.17
612108
Tub*AWa
sa.65
$35702
813/081W,MYw $.oa
360,10
516/00
AftAavo
611.53.
$392.85
6161081MNwo
slse
8400,00
$15109 Tut, AKvo $22.91
$422.81
518108 TutsPM $52.x5
$455.16
519108 Tvb:APA
A5
$401.01
5110108 1\bvl4ko
91210
$473.11
6111108 TWp
.
Mvt
6lOb&
$
493.76
6112108 rtsAM $s6a
5499.61
5114108 ria,Mvo
112.50
$512.21
6414106 T.3.., awe 4015.3.2
5168.88
5111/08 TbbsAtn
slug
$170.94
6/17109 TubsaYM
$11.W
$100.89
6/18108TvA1At-
f1.0
$204.09
6119108 Tub1AFve
tae"
$251.72
5
/20/06 nb$A6ro
W24
$2.65.00
8/21/08 ti& Mn
$Iam
$276.20
5122108 TL%Arre
14.73.
$293.06
5/23/02
rbfEYo 611"1
$306.46
5124/08
rub,MLM 57.11
$313,61
8126/08
Tus.fYt
WAS
$361.26
5/27/08nau
Ahv
57.11
$388.41
5/28/08 nb$P6va
staeo
$335.01
5/28158 T.k+nfwe $61
$405.62
9/x9/09 'M; Alva $2141
$42082
6180/031 b.Aava
t eo
$431.53
5(30(08 TVbsAr'xa
s1#le
$446.29
5/81/08 ri16sNtn $t&7A
$488.55
0n
D
0000
DD000
00 d 00DOD
9Q Oay&D3
~
(9
80
Current
a
$0,00.
0.00
$635
$480.20 _
65,68
_
Payrnente applied to lnvelces on fist Inlnrat out basis.
-p 7
Exhibit E Page 24
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
8/59
u .
.
012
:00PM
No. 1642
.
Blandte'8 Of
Sunrlver
Two Country Mall, PO Sox 4838
Sunriver, OR 97747
(541) 8881079
Data:
0 Apr.08
Tuts Alive
PO Brno 3853
Sundvar, OR 87707
Bob
a
Con
nie Ftar
STATEMENT
NET: 10 DAYS
Dam
NV1F
Debits
MO
alance
8131108
Tub.
Arno 5%.?
$285.78
4/2108
TW, Awn W.G1
$320,30
413108
Tws
AKve
40.91
$347,21
414 05 1ubsAtv6
$1M8
$865.70
9I61087usAwn
371,04
418108
T,A.
Awo AA
$376.09
418108 ruwAwn
20,86
$896,74
4110/08 Tubs flee
5.17
$401.91
4111108TwsAAn 527.17
5429.08
4/11108
1ut16vo
285.79
143,29
4114108
7ws
Aw,
WWTh
$163.94
4116/09 tvbw
Arve
516,97
$179,91
41181081w.Arm
$Ala
$216.09
4/17/08 rub. Awn inns
$21,14
4118/08
TI66A8+e
Kau
$22A.49
4421/08 Tub, A&* SRt vc
$246,99
4122108 Two
Pme
7.15
$253.14
4/24108 rju.
e
aizeo
$266.74
4/25(08
TeSArrva
18,16
$261.99
4125708 TlAnA1 o
$9no
5291.29
41271061w,A*,e
18.90
$910.59
4/20/0eTubsM- $2k49
$9389.07
4/80108
I'M 46.76
5345,82
UDtl 00tl
UUD
U
tl DOD
UUl7
U
[
ii )s
0 Days
30 Days
J
uryttt
Balance due
i ib00 0.00
8
9.6
34582
_
Payments app
lledtoitwalcesonflrstlnlfiretavtbasis,
5
Exhibit E Page 25
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
9/59
u .
012 : 00PM
No. 1642
.
Blondle s ot5unrlver
Two Country
Mill
s
PQ Box 4939
Sunriver, OR 9770T
(041)6981919
Date:
1.Man08
Tubss AIWe
PP Sox 3633
Sunriver, O R67701
Bob & Gonnla Foster
STATEMENT
NET: 10 DAYS
Date
NN#
bob 119
redlts
Balance
2IZ91oeTsbs
AF.e 11m
la
3869.13
313108 to
nA3ve $14.45
$360.89
314108 Tub
-ma 4.09
$384.94
315/08 T,ns AWe kiss
$409.60
817108 YvbsAwo 1a95
5423,55
3110108Tub D(NS $2:65
$427,10
3111108
T
Am AW6
$1024
$448,36
3112/03 nss n
$12.10
$450,46
$112/08 Tuw
A$ve $$ 40
$483.6$
3/18/00
Ts&. A9+e $1970
S470.64
3/14108
Tlda AMve
seaez
$557.46
3115108
lb rva
$uus
$578.61
311 Tro61Wti
Aki
$1oSl
3564.18
3119108
t.M,ASvo
$8
$690.70
3118109
TubsAMva
$386,13
5224.57
9120108 TubaMT
f4.e9
5128.52
221/06 sAwe
56.06
5232.97
311A108
Tvwm"
14.05
1236.72
8/25108
TubiAtve 48.02
5245.54
3127108 Tub.ADm
was
5258.69
128/05 Tut,A1No
$259.64
3/30/08T4'
AS
8131106 T6.A1we
51aio
;e,2G
3279.64
0295,79
.'
I3DODDDD
Pp
coon 0
DOpD
D
p
9ODy.
I
SbDy
t au nays
Cu Bal9bee Due
aym
ows
.00
r.s
Irmat
.79
.79 /
pplied to Involc9s
onflict
out basis.
I
Exhibit E Page 26
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
10/59
Jul.
. 012
:00PM
No.1642
.
0
Blondie'e
of
sunrlver
Two Country Mall, PO Box 4089
8unrlver, OR 87707
(841)893-10/B
Hate:
9-Feb-OS
Tuba Alive
PD Box 3835
Sunriver, OR 87707
Bob & Connie Foster
STATEME
NT
NET: 10 DAYS
W e
NV#
Debits
redlrs
aIanoc
1131/08 Tuba Auve
$askew
$607.86
211(08 Tube
J
xsas
$711.21
212100
Tub, AIM+
$1b.o5
$724.26
213108
Tvb,Aliv
2245
$746.71
214/08 T nAWs
$17,4$
$704.17
214108
Tube Aam
$10.75
$774.92
25(081ve.ave 445
$778.97
2/7108 Tbb$Pk $102 D
$785.17
219/08 Tasfwo $0A$
$601.65
2/11108
TvbsANry
$labo
$812,45
2111108 Tube
Arnn
$507,08
5124.59
2(12w
Tubs g o $10.80
$184.88
2118106 jr.,, $ash
$140.24
2114108 TVAArwo $60?
$147.21
2115(08 Tvh,A1Na $1250
$109.71
2/10/081bsAhw
$$7.40
$197-01
2/17(08 Tvbeanw
$2v.85
$217,66
2118105Twtgw4
$17.4$
0285,12
2119105 TA+Akre
$1&70
1258,80
212W0 7W11A1Nn s11.oa
$264.00
7120108 Taw AN@
se.
0$
$273.85
r110aTub A6+.
$5.62
$280.37
2122(00 Tv6,M,4
$15.08
$295.40
2126100
Tb, Abva
I4Ab
5309.80
2128/087Wt PING
ab.M
$933,36
2/27/08 TubeAF.e
$1147
$344.85
2(29/08 T b,
Ar,n
fl
n8
$352.90
2120/00 Tiff Mm
$18.t2
on urn inmrwl
out Dasib.
Exhibit E Page 27
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
11/59
u .
: 01 PM
No. 1642
.
1
Blondle`s of Suntiver
Two Goont y Mall, PD Box 4939
Sunriver, OR 97707
(041) 698-0019
Date:
1-Jan-OS
Ti b3 Alive
PO Bvx 3899
Sunriver, OR 97707
Bob & Connie Foster STATCMENT
NET: 10 DAYS
Date
NV#
Debits
Crediits
alance
f
2/81/07
Tubs AMo
$M.45
$975.45
1/1/08 Tu,.AWe
M49
$328.94
i/108'nerrm.
$1&6o
$412.44
1/3108
TubSAmn
Who
$439.93
114(00 Tub,Atw $19.68
$455.69
1/6/98 rub, PM
$18.67
$497.28
1/7108
7 t a
.
rasa
$496.58
117/061Y1ba Mn
$1990
$515,68
118/081w.ANia
$76.59
$595.84
1/9)08 1LniAWu
17.01
$612,6
5
1/101tl81ubsASV0
$9129
$647.14
1/11/08
7b,aMve
2488
5071.80
1/12100 nkIAavn
$esa7
$711.17
1/14/00 Nx
fl.s $1921
$726.38
1/15/00 TwiAWo
19.0
736.38
1/16108 7ub.AWo $28.91
$762.29
1116109'Nb,A"
$878.45 968.84
1/17/08 Tubs
Alva $61
$412.35
1/20/03 11msAPre 4789
$419.56
1/27108
TLbtmo
0.10
$427.65
123108 t thtMv.
$ns9
$450.60
1128/08 Tubs*e
$1oz5a
$653.19
126108
T41ANn
44.96
$555.14
1120108 tt*.Alw $6.0
$669.76
129/06 MM.
3562,43
1/30109
TuAg"
$20M s09&e
1/31108
nb.AWo
$7e07
/6687.69
$0
U.W
1U,4>e
, ar
Paymelrta applle to Invoices en Orel IrJfi19t nut bas
~ Z~
Exhibit E Page 28
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
12/59
Jul.
.
012
:01 PM
No. 1642
.
2
B4nndtel9 of Sunutver
Two
Counily
M80
,
PO Box 4889
Sunjtvet OR silo?
(A41) 598-0oia
Date
1 -Deo-07
1\162
PO Bmc9893
Isu
miner, OR 97707
t
gg?& nn
-NET:10 DAY$
tNY#
f>O
W
11130101 1 m M..
,ea2s
$888.80
12M4m7 TM awn
suss
$408.41
12151071t+h+aow 417A9
$420.87
1210107 TA.arrm
$aB.ao.
$464.17
12/8(07 Tn. AF,
sso
5456.07
12110107
1ebhM $ .x1
$47&27
12111/07
TAMAa.
$11.4?
S459,64
121121W'
11MAPn
s17
..
$607.07
12113/07 TaaPty.
n e.1a
$590.83
12114107m Ph.
' $
$141.95
1211N07 TA. Ake
$7.0?
$149.82
12H7m7T1anfv.
$a$
3170.02
1241
N07
'TUts rvrr.
$1O.
$110 ;10
12020107
Tbua.
. 128.98 _
$
205
.4
9
12121N07
TWOAPA t ine
5?A4.09
12113107
T4.Ae+.
S9ao
3283.89
12r2AI07 T nApm
fats
$279.04
12/2 /07Tb.Am
Sw
$'2&4.06
12I20f07T&wf&%
W -
3200.79
1f'7@7TkeNM
48.%
$297.40
17/28 07 n**nw f>'1la
3818.76
121d&f07 T6aaew
Ows
$940.92
12MOM T Om
Sags
6958 7
lW$1 /
07'Tw.au
. $MID
5375A6..
~
pgptl
tl tlgD
DtltlCptl
an 1
Dan's
86
0
0
S
Peyawft applied
or 0ret MW aut
I~
Exhibit E Page 29
Petitioner
'
s Response
8/10/2019 Hearing Transcript in Foster Case
13/59
u .
012
: 01 PM
No. 1642
.
3
BtondWs of SUnriver
Two County Mall, PO Box 4039
SunrYer, OR
mm
(841)698-1019
Tubs Alive
PO Box 3899
Sun river, OR 97707
Bob
&
Connie Foster
STA1 (?MENT
NET: 18 PAYS
U 158
NV
eblts
redits
alance
_.
10183107 n&.
Mm
$non
$345.26
11/7107
Tw.AWv
$tam
$3'38.26
11/307 T.ib.M
$7264
$980.80
111SW
T Aaa
1w,os
$411.40
11/&07 Tub, AR"
t1I $426
-74
111807 TltjMw
$448.02
111707 TIM
A>Ive
4G.8E
$453.64
1116/07
na.ASv,
$a
71
$46136
1419)07
7th
W.1s
$503.40
11/s07T%60Awe
$es.ts
48295
11/13/07 PbiMis $170
$489,68
11/10/07 na.
Atwa
945.29
154.37
11/1awTv"PM
440m
$708.37
11114/07 TIMMY
$zt.ee
$22503
11/10/07 nn.Awo
$t99
$237.75
11/1607 T.MPM
Sines
$260,38
11/19107'811 Ne
481./4
$207.62
11/20(01lljt. vn
$295.14
11r2D07 Tebt Alva
$law
$31244
110A07 T Ak%
Mes
$93q.00
11 ,29/07 Tt6.nn
Mm
$945.76
11x27)07
iimnb
$12-99
$881.71
11129107'MnMm
$14x0
$378.51
118007 Tubs A1ir.
sitar
388.88
ngIngnubDb000p0000000U00000flDOclOOflfl0000flOD
r9t
I
te
3
3
383.88
pllodm r1Y eontIhStb1frrSle14
S . \4
Exhibit E Page 30
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
14/59
u .
012
: 01 PM
No. 1642
.
4
Blond We of Sunrtver
Iwo
Cuupgy
Ma%
PO Fox 4039
Survive, OR 87707
(541)4'93-1919
Date' 1.0ct-07
Tubb
Alive
PO Box 2038
Bunlivet, OR 97707
64h &
e Foal_
BTA
N51. iO DA
Pete
IRI i~V
ebit$
reditsB
~
ancn
9/20107 ThBI Mn
49.76
,856476
1011107
T+>b.Aere
$13.00
$581.16
1012107
Tube Ain
$19.b3
$800.78
10 4/07 Tmb.A3n at H
$611.49
10/5107 Yuen ASve $1O.$
$027.64
1018107 Tub6Adve ftaet
5642,15
10)9/07TuwAtve
lu.e1
$689.69
1 019107
Tubs AS..
$19.76
$689.44
10/11/07 Tuw Atvo
3&Ts
5698.18
10/13107 7LwmM
$13$
$7w.42
10115107 7tfieAb+e $0mee
$740.24
10116/Q1 mt A*
$ssa
5745.80
101171071w n.e
$2035
$/76.38
1029/07 Yuba ARm 10M
$76374
10/7.4107
1usAie
$17.O
$810,79
10(25/077w.AVn
$51.65
$83588
10129/07'M1A.tw. 6tee:f .
283.73
1a/281071w,P&J
,
ite.7e
5174.48
TO/t7/07 T4aAw.
(1199
$286.38
10(23107 I14,
AI.'
1117.E
6303.59
i0tte/07 TW,AEW
4+dd3
5318,02
10/9N07 Tub, ADM
$23.34
$ 45, 20
P
armni(nTOWN091
VIld
D O
l 0p
00
Xl
Bain
00 20
o
iMwt out hea S,
Exhibit E Page 31
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
15/59
u .
012
:02PM
No.1642
Biondle's of $unrlvcr
j
Two County Mall, PO Box 4639
Sunriver. OR 97707
(541) 693-1
o19
Date:
0-$ep07
7
V"Allva
99
R 97707
nie Foster
STATE
MENT
NEF 10 DAYS
Date
NV
#
Debits
Credits
ealanna
8131107
Tib4 Abbe
1 2.71
$132-71
9/1/07 TubsAW.
$1694
$152.01
912107
ToeAwa
$4.c0
$156.51
9/3/07
Tub.A$vo $60,60
$207.09
9161071WsAn+a
$25m
$231.03
9/8/07
Tin PM
$19,48
$250.51
9/9/07 Ttth Alive 16.99
$265.81
9110107 Tubs
AWO $99.94
$309.35
9/11/07 TubsAwe
47ARI
$328,513
0/13107 ,
reb.Awo
$84.49
$360.98
9/14107 'rubs Arov
$16.03
$577.31
9114107 Tub.*
$124s
$369.80
9/17/071WsA4re
s17 m
$406.87
w18/o7 vab Awe
$12,55
$419.42
9/19/07 Tubscwo
$19.93
$435-35
9/10/01 T b+Altve
$1240
$448-31
0/20107 TkolAvvo
$21112
$469.73
9/20/07 T,esAwe
35os
$477.78
9/21/07
T,&&AAVG
340,86
$521.34
8/24/07
TWnA11ve
9
112
$65536
9/24/07
Tuba M
47.15
$602.01
9/25107 Tk1 AAw
$19,41
5578.32
9/25/07
rime Awe
$19271
$443-01
9126/07 Tub.Aom
41511
$458,82
9/27/97
T,69Aim
$1es$1
$588.76
El 00 tltltl
D D00000
IO
00CTh n
tltl
tltl
60 D
0 Aa
80 D
t7 rrerlt
Batanx Due
a.00
nn
$a,
$588,7
76
\D1
Paymerds applied to invoices on first In/fir5t
out basis.
i
v
Exhibit E Page 32
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
16/59
u
No. 1642
.
6
Sn>
ivet; Police Dept' xit
110i
.
t 14a.).Yox4At6
nrissi4
OIC9774r
t4l)-39iIO14e(54 931B7ofax.'
ry1t )iorh' Zl hhy Concaq: .
Op lvlaith 12'a 11668 at approXilitiely 1500 lioury T ivas in my parsoiiaf vghlcle on r$y
Way i p to a physiq ~
l tIiw tpy apoinh ient elates lwxaven ks:Rilncss Center, {1sj'Was.: :
Walking in ti
t1Ja
huildink,l hoa?d'a
~
dlesel pickpp rev tt cepgme.beJtirtd
me
1
Vlteij l
m
;
fued trollhd, I;stw
a full size.w
~
ijp Fo[Q u FYduly p cIc p invilrplowatd mc;
)'ininodiately T'reacjgnizhd the'dnver ag Bi.F.gsi .duc.to.pi'evlltus coptticI Ae I walked
.: h11
he huldm
gs$o651gvGt1 d
11 v
.i.:
as hm
15[
aa7rier
Poster epnriduc 'eayslgwly around
the pgrktng lot. then 'drive pul-and:onto Co toitwood
Road
bururg nij .appo tnient I asked the frohl dcsl,. git1 if she had seen anyone around m
truck since l had come iplo thebuildhig Slie [old me site had not. seen
,anyone arothid fl
Prier lo thistincjdent, Iliad Sn.Poscmany Iirhes Ivlule driviagp y_NErsoriat vehicles;
and li'eneyel to)foW
~d or
cWc>t; madd ciepotkjI4tfrn
1e
Fpt the past eat or sg TL
~
we
seen Fosler'dtive.Jus.ttuck around the Stjulv ~
r;Cwner s Assocaailok and r.oliccnuitd1ng ,
t
matey
tuuga flgnh& the
pas14ew nOl thst tins hasie'
~ trghe3
-
-
Exhibit 4
C
EXHIBIT
Exhibit E Page 33
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
17/59
JuH
012
:03PM
No. 1642
.
7
'Suntivcr Police
Department
Post Offia %x4788'- Sunriv2r, OR 97107
,.
(541)'593,1014 (541) 593=187O
fa
To Whom
It.Ithy
ConcernC
on
Ivjarch 11t
, 2005, at approgitdatcly 1230 hpurs, I'was Workht as a Po licc.Officer
for
the'Sutuivcr Police ISepartute4t,opelaling a markedpahol vdhicle, apd x4earing a
:uniform with badge prgmmep(ly displayed. As I was leaving
the
parking
lot
of )3)ondic'a
Pizza (57195 Iv4all Drive pA,),after getting my lunch
;
I saw
Sob Poster standing on the
front porch
ofthe
restaurant looking
at me.. While l \Vas.backing eta,
'I
had my drt*r's
side window
down
and
heard Foster yelling
at nre.
I was unable to
hear
exactly
what..
Foster yelled'at nit
except
the word"you." I believe Fbstgr.yelled "I'in watching You."
There were
two Suariver
Ownet's Association Employee's next to their vehicles that
were parked near aunt that heard Foster yelling at ni I did not respond to roster's
yelling and drove out of the parkinglot.
Foster's behaviorr is
not
siupri inp, as
hels constantly seen following etficer's of tile ,,.' .
$unr ver'Pofiae
l7epartmenj
. while on their doily
patrols: Oq several diffeienfoccasions, I
haverobseryed Foster pnrk'his
pickup down
the road from traffic stops I have coiiducted
and
watch me.
(l .crseyuhes...
:
Exhibit 5
c::.
e1lHIHlr
Exhibit E Page 34
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
18/59
u
No. 1642
.
8
On July 6, 2007
,
at approximately 1509 hours
,
I was wotking as a patrol officer for the Sunriver Police
Department
,
operating a marked patrol vehicle
,
and wearing a uniform with badge prominently displayed.
As I entered Iha roundabout at Soot Century Drive and Abbot Drive, I observed a while regular cab Pord
Superduty pickup behind me
I recognized the driver as Bob Poster
,
as have had numerous ineklents
Involving him
.
Mr. Poster was following my pa trol vehicle at on unsafe distance until I exited onto Abbot
Drive
.
As I continued down the hill Into Sunriver
,
Poster backed off but continued following me when I
Inured northbound onto Beaver Drive. .. - ~
As I was approaching North Ponderosa Road, I observed a vehicle approaching me at 40mph
(
25 zone.) I
fumed my patrol Vehicle around and conducted a traffic stop on the speeding vehicle near Theater Drive on
Beaver Drive
. While I was contacting the driver, I noticed that Poster had turned his pickup around, and
Was now stopped behind my patrol vehicle
Poster pulled around the traffic stop and stopped in approximately five car links away from the contact
vehicle
,
in the southbonod lane of Beaver Drive
.
Poster waited in this position for a Ice moments, than
continued south on Beaver Drive
Poster turned right onto Picemoct Drive
,
turned his pickup atound,.then
parked in a map kiosk approximately five car lengths away and facing me.
Due to the lengthy history with Poster
I requested Sergeant Pamode respond to my location to assist with
the dorarton of to traffic stop. Poster remained pasted in the same area even after the conclusion of the
traffic slop.
End of Report.
/
8/10/2019 Hearing Transcript in Foster Case
19/59
u
01
No.1642
.
9
buNRIVER POLICE DEPARTMENT
P 0 Box 4788 Sunriver OR 97707
Phone: (541) 593-1014 Fax: (541) 593-1870
OFF NS REPORT
Case: 06-02-800B4
Page;
of 1
09:46:49 23 MAR 2006
Report Type; INFO Informational
Status: Suspended/Closed No 1JCR Shift, G Grid, SR
gency: SRP
Approved: A11: Y
ace: Y
etail: Y
Distribution,
SRP
Reported Date/Time: 03/20/2006 18:33
Occurred Date/Time: 03/20/2006 18:33 tO 03/20/2006 18:55
Desce INFO
ONLY
Location of Offense: 57100 MALL DR }(1A SUNRIVER OR 97707
Names, Person types, and Information,
HUGHES, OFCR ]CASEY SAMUEL (559342)
FFICER / DEPUTY / TROOPER /
POLICEMAN (OFCR)
FOSTER, ROBERT BENJAMIN (96107)
ENTIONED PERSON (MENT)
ddress:
BEND OR 97707
PATNODE, SOT JOSEPH CHARLES (321476)
SSISTING OFFICER / DEPUTY /
POLICEMAN (ASST)
Report entered by;
MM
9:45 03/23/06 153
H
2;40 03/22106 173
MMI 09:45 03/23106 153
AS 22:39 03/22/06 173
Approvals: Face: MK; Detail: MK;
DUII ;N NVA N Cites N
Exhibit 8 Page 1
UI
Exhibit E Page 36
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
20/59
u
i
u i
uyry
No. 1642
.
0
page l
f
z
Exhibit 8 Page 2
sunriver Police Department
Detail Page
caseff 06-02-80004
[ ] SRP
Reported pate/Time: 03/20/2006 18:33
Occurred Date/Time: 03/20/2006 10:33 to 03/20/2006 10:55
Reporting Officer:
OGNES,XASEY SAMUEL DPSSTff
40209
Report bye Officer Kasey Hughes
Dated: Match 20, 2006
NARRATIVE
On March 20, 2006, at approximately 1815 hours, I was working as a Police
Officer for the Sunriver Service District, operating a marked patrol vehicle,
and wearing a uniform with badge prominently displayed, I observed a green
Dodge pickup traveling westbound on Abbot Drive, with the headlights on, but no
operating taillights.
I followed the green pickup into the Sunriver Country Store parking lot and
pulled up to the driver door. I notified the driver, the taillights on his
pickup were not on, and he told me thank you as he turned his lights on,
noticing that the daytime running lights were only on.
As I was speaking with the driver, I noticed Robert Foster stopping his white
ford pickup two spaces to the west of the green Dodge, l heard Mr. Foster Say
omething as he was leaning out of his truck window. I asked Mr. Foster if he
needed anything, and he began yelling. I was unable to hear what he was saying,
so I asked him again if he needed something from me and he replied what do you
want?
After I completed my contact, I left the parking lot, pulling southbound on
Beaver Drive. As I pulled my patrol vehicle onto Beaver Drive, l noticed Mr.
Foster's vehicle quickly pull in behind me. As Mr. Foster continued to follow
me, I notified Sergeant Patnode on the radio that he was following my patrol
car, As I pulled onto Abbot Drive, I lost site of Mr. Foster's vehicle.
I returned to the parking lot at 1832 hours and met with Sergeant Patnode.
After explaining the incident to Sergeant Patnode, we both started to exit the
parking lot. As I was waiting for sergeant Patnode to enter Beaver Drive, I
observed Mr. Foster pulling his truck into the parking lot, Sergeant Patnode
turned around and contacted Mr. Foster who parked his vehicle near the front
entrance of the Sunriver Country store at 1033 hours.
I walked up to Mr. Foster's driver's side door and listened as Sergeant Patnode
spoke with him, Sergeant Patnode advised me, he smelled alcohol Coming from Mr
Foster's vehicle and asked him if he would consent to some voluntary
standardized field sobriety tests. Mr. Foster consented to the tests and'as he
was stepping out of the vehicle, I noticed a strong odor of an alcoholic
beverage coming from his person. i also noticed Mr. Foster's eyes were blood
shot and watery.
conducted two separate standardized field sobriety tests on Mr. Foster, first
printed: 09:46:49 23 MAR 2006
y: SRP
Exhibit E Page 37
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
21/59
Jul.
.
012 :04PM
No.1642
.
1
Page 2
f 2
Sunriver
Police Department
Detail Page
Casef 06-02-80006
the Horizontal
Gate
Nystagmus Observation and the second being the walk and
turn, Mr. Foster had great difficulty following the instructions to both testa.
I observed a lack of smooth pursuit in both eyes on both passes, and nystagmus
at maximum deviation in both eyes on both passes, but this was not sustained.
I observed three clues in the walk and turn test, the first being, he started
the test without being instructed to do so. The second clue I observed was he
lifted his arms on steps six and seven on the first nine steps and also on the
fourth and fifth on the second nine steps. The third clue was Mr. Paster turned
the wrong way and stopped when he was turned back around. At the conclusion of
the standardized field sobriety testa, I determined that Mr. Foster was not
impaired to a perceptible degree.
I advised Mr. Faster the definition of Interfering with a Police officer defined
by Oregon Law. I told Mr. Poster if he interfered with my lawful duty as an
officer or any other Officer within the gunriver Police Department while they
are conducting their lawful duty and I was present I would arrest him and take
him to jail.
I advised Mr. Foster the definition of Disorderly Conduct defined by Oregon
Lew.1
Y told him that if he'stopped in the middle of the roadway while an Officer of
the Sunriver Police Department was an a traffic stop and stopped the regular
flow of traffic after being told to leave, he would be arrested. Mr. Foster
told me he understood what I had just explained to him.
Mr. Foster told me he wasa ^confrontational person by nature, and admitted the
reason he had began yelling at me in the parking lot, was due to him being upset
with me regarding a prior incident that occurred in the business park. I
explained that his behavior during the incident he was referring to, was a
perfect ekample of interfering with my lawful duty as an officer and he should
have gone to jail. I asked Mr. Poster if he understood what I had just told
him, he said yes and I cleared,
)End of Report.
Exhibit 8 Page 3
Printed: 09:46,49 23 MAR 2006 yl SRI'
Exhibit E Page 38
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
22/59
u
012 :04PM
No. 1642
.
2
Patnode
May 21, Zulu
3
EXAMINATION INDEX
2 Page
3
xamination by Mr. Wesson
4
4
B
g
EXHIBIT INDEX
7
o
Item
Page
8
A
Letter to Chief Kennedy From
9
Sergeant Patnode, 2-20-10
0
10
-B
Drawing by Joseph Patnode
45
11
-A Letter to Chief Kennedy from
12 Sergeant Patnode, 2-20-10
1
13
with photographs
5
14
Letter to Chief Kennedy from
16
Sergeant Patnode, 2.19-10
2
16
-A
United States Department of the
17
Interior Geological Survey Map
9
16
-B
Color map of Sunrlver, Oregon
2
19
-C Color photograph
9
20 -0
Color photograph
06
21
22
Originals and copies of exhibits delivered with
23 ranscripts.)
24
NOTE: Exhibits are not archived.
26 w
i *
IN THE clrcmr Etll FDA TIE STATE UY WIN
2
FUR THE colt( NF OR BEHUIES
S J09EFN PATETIT.
r.aUea.r.
S u.
IT.,, Na. IO2Y6621-R9
W1101 f, (0850R,
E
.e p, ,..t.
CASEY HYWHEN.
10
tltlmer.
11
i.
)[u. Se. IOaTe122.rs
I2 MINT 5. FOSTER, )
IS
L..f.M.nl.
)
14
Is
u
17
04s YIN eF 2 4FM1 e
IN ca encln2 .T Mal a.. to Prl d.y, N,Y 21. 2010..1
I, atreat, levee.. JTn1e. PC. TEl 5N 11101 VI.. vav,
20 ... a ...A. 1.2.,. Li A 1. ARGON. RF R, c0A 15s-5911.
21
IT
22
24
25
2
4
1 APPEARANCES OF COUN'sPI
1
JOGN ~
ATNODF ,
2 2 called as a witness on behalf of the Respondent,
g
For Petitioners:
3
being first duly sworn to tell the truth,
ROBERT E. FRANZ, JR., ESQ. 4
the whole truth and nothing but the truth,
4
HANNAH MEISEN-VEHRS, ESQ.
5
was examined and testified as follows:
730 0 Street
s
P.O. Box 62
6
EXAMINATION
Springfield, Oregon 97477
7
BY MR. WESSON;
a
Q, Please state your name and spell It for the
7
For Respondent:
9
court reporter.
0
FRANK S. WESSON, ESQ,
16
A. My name Is Joseph Charles Pathoda,
Wesson, Carlson & Swanlund
II
3-o-a-a-p-h, Charles, C-h-a-r-Ie-s. Patnode,
s
9115 SW Oleson Road
12
p-a-t-n-o-d-e,
10
Suite 203
Portland, Oregon 97223
13
Q, Today we're taking your deposition which Is the
14
testimony of a witness taken under oath or upon verbal
11
16
questions, not In open court but pursuant to the
12
Also Present;
obert Foster
16
general law of subjects pertaining to discovery and
73
17
duly authenticated and Intended to be used upon the
14
16
10
trial of an action In court.
111
19
I'm going to ask you a series of questions
17
18 20
regarding a stalking order you filed against
19
21
Mr. Foster.
26
21
22
Do you understand this?
22
23
A. Yes, I do,
23
24
Q. if at any time you don't understand one of my
24
26
26
questions, please say so and I will repeat It or
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Petitioner's Response
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: 05PM
No. 1642
.
3
tatnone
5
I
rephrase it until you do understand the question.
d
2
Do you understand this rule?
2
3
A. I do, 3
4
Q, If at any time you don't hear one of m y
4
a
questions, please say so and I will repeat it to ensure
a
9
that you do hear It.
9
7
Do you understand that? 7
9 A.
Yes, a
9 Q. All of your answers must be verbal since the
0
10
court reporter cannot take down nonverbal cues such as 10
II
a nod of the head or a shrug or the shoulders.
11
12
Do you understand that all of
your responses
12
13 must be stated In words?
13
14
A, Yes.
14
16
Q. You must speak clearly and distinctly.
16
16
Do you understand that?
16
17
A. Ida,
17
18 Q. If you do not know the answer to a ques tion,
18
19
simply state you do not know. I do not expect you to
19
20
guess or to speculate as to responses.
20
21 Do you understand that?
21
22 A, Ido. 22
23
Q. Please make sure your answers are clear for the
23
24
record so that the court reporter can accurately
24
25
transcribe each of the words you state. 26
6
1
Do you understand that? 1
2
A. I do.
2
a
Q. Please wait until I finish each of my questlons 3
4
before answering, and I will Walt until you finish each
4
O of your answers before I a sk another question, and this
6
0
way the court reporter keeps a dear record without
6
7 Interruption.
7
a
Do you understand that?
6
0
A. I do.
9
10
Q. We will take a break about every hour to give
10
11
the court reporter and all of us a chance to refresh 11
12
ourselves. If you need a break prior to that time,
12
13 please request one and we'll take one.
13
14 Do you understand that? 14
is
A. I do.
15
10 Q, You understand that the deposition will be
16
11
transcribed by the court reporter and tha t everything 17
16
said here today will be recorded.
In
10
Do you understand that?
19
20
A, Ido,
20
21
Q, You understand that at the trial all the 21
22
testimony given here today will be available In written
22
23 form, and If I ask you a question at trial that I ask
23
24
you today, you may be asked to explain or otherwise
24
26
account for any difference In your answers that may 25
:ASCADE COUNT REPORTERS. INC. (5411 385-5664
may ta
r
Lulu
7
occur.
Do you understand that?
A. Ido,
Q, You understand that
your testimony today Is
being given under oath
es
If you were In a court of
law. You've been sworn to tell the truth, and If you
fall to do so, adverse consequences could result.
Do you understand that?
A. Ido.
Q. You understand each and every one of these
rules as I've stated them?
A. Yee.
Q, You understand that these rules assure that If
I ask a question and you give an answer to that
question, it will be assumed thatyou understood the
question as posed and your answer Is Intended to be
responsive as rendered.
Do you understand that?
A. I do,
Q. Are you under the Influence of any drugs, such
as marijuana or prescription drugs, which may affect
your responses today?
A. I am not.
Q. Do you have any physical Impairment that may
affect y
o
ur responses today?
a
A. No.
Q. Is there anything that's occurred that might
affect your responses today, for example, lack of
sleep?
A. No,
Q. You didn't word a 12-hour shift yesterday?
A. Are you asking me how many hours
I
worked
yesterday?
Q. No, I asked you did you -- I said you did not
work a 12-hour shift yesterday, yes or no?
A. Would you like to rephrase the question? I
don't understand It,
Q. So how many hours did you work yesterday?
A. I worked a 13-and-a-half-hour shift,
Q. From when to when?
A. From exactly 9100 to 8:20 -- so It was
and then I believe I clocked out,
Q. All right. So are you tired today?
A. I am not,
Q. So you're fresh?
A. X em rested,
Q. Very good. Good answer.
I want you to tell me about your -- you're in
uniform today, correct?
A. Yes, sir.
Page 5 to
e
Exhibit F Page 2
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
24/59
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No. 1642
.
4
Joseph
Patnoae
may
41, Zulu
9
11
1
Q, And what do you have around your belt there,
1
A. Today? For the case?
2
from
your
right hip to your left hip? Stand up and let
2
Q. Yeah.
3
me look,
3
A. For the case, did I look at anything else. 1
4
MR, FRANZ:
Yeah,
Just go ahead.
4
briefly skimmed over the-- the amendment page with the
6
THE WITNESS: Well, this is my duty gear. This
6
petition that Was pled.
6
Is my duty belt, I wear it every time I perform my
6
Q. Okay. Who have you spoken to about this case
7
duties as a police officer.
7
other than with Mr. Franz or Hannah? Have you spoken
8 BY MR. WESSON:
g with Robert?
9 Q. And your right hip you have --
9
A. Could you c larify for me? Today or like since
10
A. My right hip is my du ty llresrm, air, Inside
10
the thing--
II
Its holster.
11
Q. Prior to today, have you spoken With anyone
12 Q, Smith
& Wasson?
12
about this case other than the two attorneys?
13
A.
No, sir, It's not.
13 A.
Yes.
14
Q. Oh, damn.
14 Q. Who?
16 MR, FRANZ: You
know,
With the last name 16
A. I have spoken with Chief Kennedy, and I have
15
Wasson, do you have some stock Interest In this thing? 16
spoken with Officer Hughes. I have spoken With the
17 MR. WESSON: I realty wish I did. Maybe 1
17
other Officer Hughes.
16
wouldn't have to sit here. Anyway
18 Q. okay.
19 MR. FRANZ: I don't think Smith
&
Wesson -- 19
A. I have spoken with a whole list of people,
20
does Smith
& Wesson make a police officer firearm?
20
slightly officer Gage,
little bit Officer Moore, also
21
THE WITNESS: They do. 21
1 believe officer Hoyser (phonetic). We're trying to
22
MR. FRANZ: Oh, okay,
22
0o through all the-. believe a little bit with
23
BY MR. WESSON:
23
Office Manager Miller or
yeah, Miller. No.
24
Q. So what brand is that?
24
Q. What's Miller's first name?
28 A. This 1s a clock model 20 -- excuse me, Clock
26
A, No, hold on, let me see If I get It right. No,
10 12
1
model 35. 1
she's not Miller anymore. NOW she's Dean, Office
2
Q. How many bullets can It carry?
2
Manager Dean.
3
A. The magazine holds IS rounds, sir, and one goes
3
Q. First name?
4 Inside the chamber,
4
A. That would he Michelle,
5
Q. All right- And then you have a two magaz ine
6
Q. Okay. Anyone else?
6 ammunition pooch on your bell, right?
5 A.
'm trying to think of --
7 A. Yes, sir.
7
Q. Have you talked to bill Peek?
0
Q. And you come around, you have your cuffs?
6
A. Slight "yes, but not really, I mean he W ag
9 A. Yes, sir.
9
deposed, We talked to him earlier and -- but I haven't
10
Q. And then a Toser?
10
asked him any direct questions about ilia case, so when
II
A. Yes, sir.
11
you said have yo u spoke to him abo ut It, I'm IIRe I was
12
Q, And than on your --
12
In the room, but I haven't asked him any questions
13
A. This is Just an OC patch or caso, an d this Is 13
about It that I can remember.
14
my radio case, Back here Is Where I keep my gloves for 14
Q. Okay. I want to talk about Bill Peck. You say
15
universal precautions, and this is o holder far a
15
'deposed.-
You mean a deposition Ike this?
16
Rashllpht.
16
A. Actually, no, he was just Interviewed. I
17
Q. Okay, All right. Thank you
17 mlespoke.
16
A. Sure.
16 Q. Who was he
interviewed by?
19
Q. Is that your dressyMen you're on duty?
19
MR. FRANZI That's attorney'dlenh
20
A.
You, sir,
20
THE WITNESS: Okay.
21
Q. All right. What did you look at or read today
21
MR. FRANZ: Well, It Involved attorneys, right?
22
Co prepare (sr this depositon?
22
THE WITNESS; Yeah, absolutely.
23
A. Today, this morning, I briefly skimmed back
23
BY MR. WESSON:
24
over the exhibits that were flied, 24
Q. And these two attorneys that are here today?
25 Q. Anything else you looked at?
26
A. No, M r.-.
rAsrarsr CTLIRT REP(1RTFR5_ INC. (5411
3R5-5664
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Petitioner's Response
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No. 1642
.
5
Josenh Patnode
May 21, 2010
13
16
1
MR. FRANZ- Hannah.
4 THE WHNE55: I cent remember.
2
BY MR. WESSON;
2
145, MEI5ENVEHRS: Josh Newton.
3 Q, Oh, Hannah was Involved. Anyone else?
3 MR. WESSON: Okay. All right,
4
A, I was present.
4
And he's the Sunrlver Owners Association
6
Q. okay. 6
attorney; is that correct?
6
A. And there was another attorney present, and' 6 145. MEISEN-VEHRS; Yes.
7
can't remember his name, and then (hone was Hugh False
7 MR. WESSON: Okay.
0
and --
8
BY MR. WESSON:
9 Q. Who is Hugh Palcc?
It
Q. All right. Do you remember the date of that
10
A. Hugh Palcic works for SROA.
10
meeting?
II
Q. I'm sorry?
11
A. I
dent.
12
A. Sunrlver Owne rs Association, air,
12 Q. What Is your
ah, have you ever been
13
0. Okay. Why was he there?
13
confided
of
a crime?
14 A. He was also asking-- we were asking--or
14
A. No, air,
16
Hannah was asking questlona. 16
0. Okay, what Is your birth date?
16
Q. Okay. When did this meeting take place?
16 MR. FRANZ: Go ahead.
17
A, I don't remember the exact date.
17
THE WITNESS: it's July the 2nd, 1969, sir.
18
Q. Well, was It prior (0 -- let's see, what date
18
BY MR. WESSON:
19 was the petition filed? Was it prior to March 15th? 19 Q. So you'll be 4010 July?
20
A.
This Interview?
20
A. No, air. Yam currently 40,
21 Q. The one we're talking about with Peck and
21 Q. Oh, sorry.
22
Palcic and'-
22
So why did the Sanrwer Homeowners (sic)
23 A. It wee Just -- we. it prior to?
23
As'-etlallon get Involved in these Stalking orders?
24 0.
Was It pa
-lee-
to March -- let's say April 1st? 24
A. Sir, respectfully, you'll have to ask them,
26
A.
karate It, no.
26
Q. Okay. D9 you know why?
14 16
1 0, It's been since April let?
1
A. I don't guest. You told me not to guts. I'm
2
A.
Yea.
2
not presupposing.
3 Q. Okay. ICs been since the petition for the
3
Q. Wall, it you don't know, you don't know.
4
stalking orders
were
Ned, correct?
4
A. I don't know.
5
A. Yes.
6
0, Okay. And if you do know, you'll tell me,
6
0. And I want to get this clear. Who Is Hugh
6
right?
7
Palds? You said Sunriver Owners Association, 7
A. Would you like to rephrase the question? I'm
B
A.
Yes,he'.current-- ho'F currently an employee
8
sorry.
9 for Sunrlver Owners Association.
9
Q. May was the Sunrlver Homeowners - SROA
10
Q. what does he do for them?
10
involved in this meeting?
11
A. You know, I don't know his exact title.
11
A. You'll have to ask them.
12
0. But I want to know who's present In this
12
Q. Do you know why they were Involved?
13
meeting. Hugh Palcic, you, Bill peck, Hannah
13 A. You know, I don't know exactly their reason why
14
MelsonVehrs. Any *then
14
and--
16
A. Yeah, There was legal counsel for Sunriver
16
MR FRANZ: Than Just say you don't know why.
16
Owners Association present.
16
THE WITNESS: Yeah, I don't know.
17
0.
And Who Is that?
17
MR. FRANZ: That's all he wants to know.
18
A. I
don't know the man's name,
18
THE WITNESS: I don't know.
19
a
Okay. 19
BY MR. WESSON:
20 MR. WESSON: Do you want to tell me?
20
0. have you ever gone by any other names?
21
MR. FRANZ; Well, I think it'; a-- It's a
21
A. No,
22 Joint attorney-client privilege.
22
Q. Where were you born?
23 MR. WESSON: But Just who-- what's his name
it 23
A. Coos pay--yeah, No, Coos Bay, O regon. I
24
all I want to know.
24
had to think about that for a m inute.
26
MR. FRANZ: What's his name?
25 0. And do you live In Deschutes County?
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Exhibit F Page 4
Petitioner's Response
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No. 1642
.
6
Joseph
Patnoda
May 21, 2010
17 19
1
A. I do.
1
Q. Well, If you ever go to Blonde's, as
2
Q. okay.
2 exhibit -- where did Exhibit 2 disappear to? You will
3
MR. FRANZ: You know, have you ever studied the
3
See that he eats there a lot. lost take a quick look
4 question-- go off the record.
4
at that.
6
(Discussion off the record.)
6
MR. FRANZ: Go ahead.
6
BY FIR. WESSON:
6 THE WITNESS: Okay.
7
Q. Are you marred?
7
MR. WESSON: lust skim through It. I'm not
a
A. Iam.
B
going to askyot any questions. I Just wanted you to
9 Q. And What's your wife's name?
9
see that's his tab (mm Blondle's. That stalls
10
MR. FRANZ: Well, we can't go there.
10 In Septemmber of'08 back to December ol'06. lust
II
THE WITNESS Yeah, I refuse.
11 thumb It. I mean those are...
12
MR. FRANZ: If you need It, I can give it to
12
MR. FRANZ; Off the record.
13
you, but not In the presence of --not In this
13
(Discussion off the record.)
14
situation.
14
BY MR. WESSON:
16 BY MR. WESSON:
I5
Q You've had an opportunity to look at Exhibit 2
16
Q. All right. When did you get m arried?
16
which Is Mr. Poster's tab at Blondle's. He's there
17
A.
It
would be September the relevance.
17
virtually every day, isn't he, according to this
18
MR. FRANZ: Well, I'm warned about -- I don't
18
document-- documents?
19
want him to be able to get a date and lockup marriage
19 A. Sure, I guess.
20
certificates and Rod out his wife's name. I have to
20
0.
Yeah. Yeah.
21
be cautious. We have a stalking order. If you need
21
Okay. That Would else mean he's In the
22
the Information, we can --
22
community of Sundver those days, right?
23
MR. WESSON: I'd Just like to know the date he
23
A. Yes.
24 got married
24
0. All right. Okay, to where did you finish high
25
MR. FRANZ: You just want him to not know it s0
26
school?
16
20
1
he gets In trouble with his wife.
1
A. Marshfield High Scheel. I'm a pirate.
2 THE WITNESS: Well, actually, I do know 1t, but 2
Q. I thought you were a law enforcement officer.
3
that's beside the point.
3
A.
Marshfield pirates, sly.
4
MR. WESSON: Well, then tell me.
4
MR. FRANZ: Ha knows. He's got that dry
5
MR. FRANZ: Let's not go them. If you really
6
southern humor, and he gets grumpy once In a while, so
6
need it, I'll give It to you outside the presence
of -
6
be ready.
7
BY MR. WESSON:
7
THE WITNESS: Yes, sir.
B
Q. Does your wife know Bob roster?
B
BY MR. WESSON
9
A.
She knows or him, but she does not know him, to
9
Q. what year did you finish?
10
my knowledge.
10
A. In 1987.
11
Q. Could she Identify him -- If we walked out the
11
Q. Do you have any education subsequent to
12
door, could she say 'That's Bob Foster Coming out the
12
finishing high school?
13
door'?
13
A. Yea, sir.
14
A, You know, A , I think you'd have to ask her,
14
Q. Md what Is that?
16
and, B, I doubt it.
16
A. I have a degree from Oregon state University.
16
Q. okay. Well, I trust you. "I doubt It' Okay.
16
Q. okay. And what's your degree In?
17
So would she even recognize him If she saw him
17
A.
A Bachelor of Science in speech communication
18
In the Sunnver community?
16 and broadcast media.
19
A. She did see him one time, and I don't knew.
10
Q. So you finished OSU in, w hat, '91?
20
There Was a time when the respondent In this ease came
20
A. I don't remember the exact date.
21
Into Biondle's while we were eating there, and 1
21
Q Or the year?
22
pointed--I pointed out to her. I said, "That's the --
22
A.
or
year, I don't. Sorry.
23
theta Mr. Foster. That's the person who followed 23
Q. So when you finished at OSU, what did you
24
us -- followed me home," So I don't know if she can --
24
let me back up.
26 If she'd remember It or not.
26
When did you first get Involved In law
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Exhibit F Page 5
Petitioner's Response
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No. 1642
.
7
21
1
enforcement?
1
2
A. November of, Ilke, 2000
'96, 1996,1
2
3 believe. Yo the best of my recollection.
3
4 Q. And who Was that with?
4
6
A. The Corvallis pollee Department, 6
6
Q. So whet did you do between roughly 1991 and
0
7 November o/'96?
7
0
A. I did lots of things actually.
I -- my -- the
9
9
first thing I started out actually going to .ohnol for 9
10
was hotel, restaurant end tourism management. I worked 10
11
for the Red Lion and then for several country clubs
It
12 Afterwards. I love golf, so the country club seemed to
12
13 bee very natural - natural thing, to I Was working at
13
14
country clubs, I was a food end beverage director at
14
16
Corvallis Country Club. Something to that effect. 15
16
Whatever
they want to c all It there.
16
17
And than after that I was a car salesman at
17
10 Randy lones Chevrolet In Corvallis, Oregon,
18
19
Q. Md then after working with Randy ones
19
20
Chevrolet, where did you go?
20
21
A. I was than hired with the Sunducr Police
21
22
Department.
22
23
Q. And did we establish that date? When Were you
23
24
hired by the Sunrtver Pollee Department?
24
25
A. May-- I believe It was May the 5th, 1998, air.
26
22
1
You'll have to double-check 11, but I believe that
1
2
Ihat's pretty -- pretty accurate. 2
3
Q. All right. Did you -- were you an employee of
3
4 the service district In Flay of '987
4
6
A. No,.lr. 6
6 Q. Who were you employed by?
6
7
A. Well, you've gat to rem ember that the service 7
9
district was created after 1999, 0
9
Q. I'm Ignorant. I'm Ignorant.
9
10
A. Yes, elf.
10
11
Q. 1 dent remember anything because I don't know. 11
12
So Who was your employer
on May 5th, 19911?
12
13
A. That would be the Sunrlver Police Department. 13
14
Q. And was that a part of the service district?
14
16 A. No, air.
16
16
Q. I used to be a property owner In 5onriver back
10
17
In the '905, and I don't remember there ever being a
17
18
police department. I remember there were hired
10
19 security people.
19
20
Did you work for one of those security agencies 20
21
or the contractor'?
21
22
A. No.
22
23 Q. Well, who did you work for?
23
24
A. I worked for the sunriver Pollee Department,
24
26
Q. But It Was not a part of the service district 25
-ASf.Af1F CfHIRT RPPr1RTFRS_ 9MC. 15411 3RS-6664
23
because
the service dlstdd didn't exist, correct?
A. That Is correct.
Q. So when did the Smilver Police Department come
Into being?
A. I don't know tile exact date.
Q. Well, when do you think It might have come Into
existence? You're smiling. I don't und erstand.
A. Well, that's because I don't know the exact
date. The thing -- It's very common for people to have
a misconception that the Sunrlver Police Department Is
a security agency or something like that.
Q. Well, we sure have that conception.
A. Yeah, and It's net,
Out you've get to remember that tits earlier
police department there was commissioned by the
Deschutes County Sheriff. Department. And so It
doesn't have anything to do with security guards or
anything like that,
Q. okay. That's news to me.
So you were on the payroll of the sunriver
Police Department which was an adjunct of the Deschutes
County Sheriffs Department?
A. No. I don't -- the sheriff did not sign ou r
paychecks.
Q. okay. Who signed
your paychecks?
24
A. I can't remember.
Q. Do you" what w as your job classification on
May 5th, 19"?
A. patrol officer, Patrolman. Patrol officer.
Q. And were
you a
patrol officer In Corvallis?
A. I was a reserve patrol officer In Corvallis,
Q. Md most law enforcement officers go through
the reserves step as sort of an entr4e to being
wmmissloned, right?
A. If you rephrase the qu estronr you usually go to
e reserve academy to become a reserve police officer,
and then later on, once you're hired full time, you go
to the Department of Public Safety Standards and
Training In whet used to be Monmouth -- that'. Where I
Went -- but now It's In - Just north of'- It would he
east of Salem, In Aumsvllle.
Q. I've been there.
A. Okay,
Q. So you have been certified by 02591?
A. I have,
Q. All tight. Md when were you certified?
A. I Can't remember.
Q. Well, It Was In roughly '96, don't you reckon?
A. Ireckon,
been disciplined for poor Job
Paae 21 to 24 of 97
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Petitioner's Response
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No. 1642
.
8
ramose
26
1
performance?
1
2 A. Not that I can recall.
2
3 Q. Did you ever discipline Mr. Hughes for any Job
3
4
performance Issues?
4
6
A.
can you restate the question?
6
0
Q. Have you -- have you ever disciplined, as his 6
7
supervisor, OMeer Hughes for any disciplinary
7
0
reasons?
6
9
A. Fla.
0
10
Q. He said you -- be said under Oath that you had
10
11
given him some verbal warnings.
11
12
A. Okay. Yeah, maybe, could you clarify? Yeah,
12
13 verbally I've said -- you knew, I can't even remember.
13
14
Verbally I've said, you Naow , "Don't drive that fast,"
14
16
or, you know, "Don't do that again? I can't remember
I6
10 exact specifies. I'll have to go back and look. But,
18
17
yeah, there's
-
there's Written discipline and formal
17
18
dlrcipllne. There's written documentation of verbal
18
10
discipline so.,.
19
20
Q. How
many limes did you give him a verbal
20
21
discipline?
21
22 A, I--I don't know.
22
23 Q. One?
23
24
A. sure.
24
26
Q. Two?
26
26
1
A. Are you looking fora specific number or--
2
Q. I'm trying to pin you down.
2
3
A. Yeah, I know. I can't, I don't know,
3
4 Q. Two to three?
4
6
A. I don't know,
0
6
0. Al? right. By the way, do you have any driving
8
7 offenses?
7
e
A. Can you be more specific? Well, I don't know
8
0
how to answer that question, Have I received a
9
10
speeding ticket In the pall? Absolutely. But do I
10
11
have any now? No. So...
11
12 Q. Ni right. Have you ever been arrested,
12
13
stopped for Out?
13
14
A. Have I been stopped for DUI?
14
16
Q. Yes,
16
16
A.
Yes, I have,
16
17
Q. And when was that?
17
10
A. I don't know the relevance, but I can't
18
19
remember the exact date, It was, I think--I don't
10
20
know. I can't remember the exact date, 20
21
Q. Was It within the last 12 months?
21
22
A. No,
22
23 Q, The last five years?
23
24
A. No.
24
26 Q. Ten years?
25
9ASCADP COURT REPORTERS. INC. (5411385-5664
A.
No.
Q, IS years?
A.
Let me think. 2010, 2009" 1 don't know. I
thin within the last 10 years,
Q. And where were you where did the arrest for
Dull occur?
A. In Corvallis,
Q. Okay. have you over discharged your service
weapon?
A. I have not, Walt. Correction, Would you like
to rephrase because I have discharged it I've used It
when I've practiced shooting on the fire range. I
assumed When you asked that question, In service, but
not--
Q. In the line of duty.
A. I have used (ton the practice range.
Q. DId you ever kill any elk?
A. Again, I don't understand the relevance, out
did I kill elk with a or or gun or what are you
referring to, air?
0. Gun,
A. Hovel killed on elk with a gun? No, I've
actually -- I don't actually like to--I don't like to
do that. It's a part of my Job
duller.
Sometimes when
there's a wounded animal era wounded elk or somelhl
28
like that, they'll call an officer to come out.
0. And dispatch him?
A. Correct, And I don't even like to do that. In
my recollection, I don't remember having to shoot an
elk in perlormance of my duty or otherwise. To the
beat of my recollection.
Q. Do you remember how many . obviously the
answer to my question Is you have shot an elk?
MR.
FRANZ: You
know, we're
really getting far
aneld here. I'll let him answer that In the line of
duty as a police officer has he shot an elk but --
MR. WESSON: Yeah,
THE WITNESS: I -- I Just really don't remember
having to shoot one. I could have, but, boy, I
don't -- the very last time I was Involved In a
situation where I was coming to work very
early In the
morning, and I hit two elk With my patrol car, and, you
know, I was really lucky I didn't get hurt because they
were rather large, but In that case another officer
came out and shot the elk.
I don't personally remember having to shoot an
elk. I do remember having to shoots deer Upon -- once
upon a time, but I don't remember having to shoot an
elk.
BY MR.
WESSON
Page 25 to 20 of
Exhibit F Page 7
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
29/59
JuH
.
012
:07PM
No. 1642
.
9
josepn patnoae
iviay
L1, [u1V
29
31
1
Q. Have you ever wrecked a police vehicle?
1
Q. What Is the territory that the 5unrlver-- the
2
A. Well, I guess It's your classlf- how you
2
geographic territory of the Sundver route Department?
3
describe "Wreck." Like I just explained to you, I hit 3
A. Like where W e'd he responsible for taking calls
4
two -- two elk on my w ay to work.
4
or are you talking about m utual old or --
6 Q. Besides the two elk.
6
Q. No, I'm just talking about normally.
6
A,
Have I ever crashed a patrol car, wracked, 8 A, Normally It's the Sunrtver boundaries. IF'a--
7
crashed.
7
right there at the entrance off of South Century with
8
Q. Yeah, whatever.
6
the-- kind of It's farther southeast and poeo all the
9 A. Yeah, I guess. Yes,
9
way up to kind of the bridge over there by Cottonwood
10 Q. And when was that?
10
on the northeast and then goes all the way to West
11
A. I can't remember.
II
Cascade, Cast Ceeeade.. Mast Cascade, over by Circle
12
Q. Have you ever been stopped for speeding?
12 7, and than down all the way to like the lodge, I
13
A. In my whole life, last seven years, last 15,
13 think, and Meadow Lane.
14 I--could you reclarlfy, classify the question? 14
Q. Is the Suoriver Business Park within the
16
Q. Were you ever arrested for speeding or did you 16
5unrlver boundaries that you've Just described?
16
ever receive a ticket for speeding?
16
A. No.
17 MIL FRANZ I'll let him answer as a police
17
Q. All right, Do you patrol outside of the
16
officer.
18
Sundver Police Department's Jurisdiction?
10 MR. WESSON: Yeah, that's One. 10
A. Not regularly.
20
THE WITNESS.' So ask the question -- have 1
20 Q. Do
other officers patrol outside the 5unrlver
21 ever been arrested for a speeding ticket? No.
21
Police Department jurisdiction?
22
by
MR. WESSON: 22
A. Well, its kind of your definition of "patrol,'
23 Q, Have you ever received a speedingticket?
23
and I would say not regularly.
24
MR. FRANZ; As a police officer.
24
Q. What would take them outside of that?
26
MR, WESSON: As a police officer. 26
A. You'd have to ask them. You can ask me whet
30 32
1
THE WITNESS: To the best
or
my recollection, I
takes me out of that.
2 no.
2
Q. All right. What takes you out of that?
3
BY MR. WESSON:
3
A. I go to the post office, I go to the store. I
4
Q. All right. Now, with the Sundver Police
4
go get food, whether It be to big Dog Dell or there
5 Department, what Is your current title?
8
used to he the good food spot or now the restaurant
0
A. I am a sergeant, sir, patrol sergeant. 6
that has pizza there that used to be D Oraelo's,
7
Q. And do you hero men or w omen under your -- men
7
I've gone to the Crossroad's gee station. I've
8
and women or women
under
your supervision?
8
gone and talked to people at the school. I've even
9
A. I am a supervisor. 9
gone down thereon mutual old several times to help out
10
0, Yeah, that's what I was after.
1D
the county. Call, at Powder Village Condnminlunts,
11
And how many employees do you supervise?
11
I've gone down to buy all sorts of types of
12
A. Mast --most of the Ilene, four.
12
goods at the Hammer Time V ideo -- or Hammer Time
13 Q. Okay.
13
Hardware. It Used to be Ace True V alue, I've been
14
A.
There can be more during the summertime When 14
down there for multitudes of things.
16
there's bike Officers running around. Just depends.
18
Q. Who covers the Chafer Butte part?
16 Q. How many In the summer?
10
A. I don't- I don't know what location you're
17
A. It just depends on
v n
the shifts but--
17
talking about, sir.
16
Q. Give file a range.
in
Q.
Do you know of on area tailed Condor Butte?
10
A. An additional four maybe.
19
A. Are you on -- maybe Lava Butte?
20
Q. Now many officers" polka officers are
20
Q. 1 was going to ask you that. That was going to
21
currently employed by the Sunriver Police Department? 21
be my next question.
22
A. There's 11 total sworn,
22
A. I don't know where the C inder Butte -- I'm not
23
Q.
What Is the territory thatthe 5unrlver Police
23
familiar with that exact location.
24
Department covers?
24
Q. Who patrols the Lava Creek part or Lava Butte
26
A. Could you reask the question?
26
or whatever --
'
ASCADF COl1RT REPORTERS. INC. (5411
385-5664
Page 29 to 320197
Exhibit F Page 8
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
30/59
ul.
012
:07PM
No.1642
.
0
33
1
A. Okay, Again, with the patrol, I think that
1
2
you're looking -- If you're looking for who takes the
2
3
Calls, like If somebody calls In and there's a specific
3
4 cell there, It would be most -- the first person that 4
5
they'd look for is looking for a County agent "B
6
6
county deputy, But dispatch often uses what they call
B
7
the Closest resource. So It depends on the situation.
7
0
If you have a m otor vehicle crash, someone's lire Is In 6
9
danger, they may send us, but It's kind of a 0
10 complicated question to answer. 10
11 Q. Is Sunriver incorporated as a city?
61
12
A. It Is not.
12
13
Q.
What Is It Incorporated as?
13
14
A. It's not Incorporated, air.
14
16
Q. What's Its designation then?
16
16
A. I don't know . Its a -- Sunrlver. It's not an
16
11
Incorporated town.
17
I0
Q. Can the Sunnver polka Department officers
10
19 arrest people outside the Community of Sunriver? 19
20 A. Yes, sir.
20
21
Q.
And what would be those circumstances?
21
22
A. Could you rephrase (lie question?
22
23
Q. What would be the circumstances that would
23
24
prompt a Sunriyer Police Department officer to arrest
24
25 someone outside the town of Suntiverl
26
34
1 A. If
a
crime was committed In their presence.
1
2 Q. All right. Anything more?
2
3 A. Mutual aid assist.
3
4
Q. Any more?
4
6 A. Crime Is committed In their Presence and mutual
5
6 aid assist, That's about -- I think rounds It Up.
6
7
Q. Have you over ticketed citizen for any minor
7
6 criminal offenses?
8
9
A. You're going to have to ask that one again.
9
10
I'm sorry.
10
11
Q. have you ever ticketed any dozens for minor
11
12 criminal offenses?
12
i3
A. Yes.
13
14
Q. Okay. And what were those minor --
14
16
A. Well, you've got to remember, we have this
16
10
thing called site In lieu of custody. 16
17
Q. A8 daht.
17
18
A. When you said have you ever cited someone for
16
19
minor criminal offenses--
10
20
Q. I said have you ever ticketed.
20
21
A. Ticketed, Okay. Cited, ticketed, that's the
21
22
reason why F was looking -- so do you mean have I ever
22
23
given them a little piece of paper or do you mean an
23
24 arrest or--
24
26
Q. No. Have you ever given them a ticket, you
25
~
ASCADE COURT REPORTERS, INC. (541) 385-5664
35
know, for -
A. But, you see, that's
why
I'm -- cited, Cited
is giving someone a ticket.
Q. Okay. All right.
A. I have Issued someone-- cited In lieu of
custody fora minor criminal offense.
Let's say somebody Was arrested for Theft III,
a minor part of theft, like shoplifting. Instead of
taking them all the way up to the Deschutes County
correctional facility, we just Issue a citation In lieu
of custody. Its still a crime. This is a record of
It, You'd hand It to them, and It has their date and
time when to appear at the bottom. So, Yes, I have
Issued a citation In lieu of custody.
Q. Have you ever Issued those citations In lieu of
custody Outside the Sunriver police community?
A. I don't know. I believe so, but I don't know,
Q. Give me .. citation --
A. -- In lieu of custody.
Q. Okay. All right.
In
your
current position as the sergeant, do
you have the
power
to arrest people?
A, I do.
Q. Do you recognize Robert Foster who Is here
36
A. I do.
Q. Have you ever given your deposition before?
A. once.
Q. And when was that?
A. I don't remember.
Cl. Was It In the last year?
A. No,
Q. five years?
A. No,
Q. Ten years?
A. No.
Q. 157
A. it was a long (late ago.
Q. Was It here or o ver In Corvallis?
A. It was In the Corvallis area. I don't remember
exactly. I think It was In Albany.
Cl. What kind of Case was It?
A. I -- I don't recall the exact -- what kind of
exact case It wee . It wasn't a police-related matter.
Q. Were you a patty In that case?
A. please define what you mean by "a party In that
case.'
Q. Well, that's very easy,
A. Okay.
Q. You're a party in this case. You're the
Page 33 to 36 of 97
Exhibit F Page 9
Petitioner's Response
8/10/2019 Hearing Transcript in Foster Case
31/59
u
.
012
:07PM
37
1
petitioner. 1
2
A. Okay,
2
3 0. Normally It's the plaintiff, or Mr. Poster's
3
4 the respondent which Is ordinarily the defendant.
4
6
50 were
you
either a plaintiff or a defendant
6
6
In those cases?
0
7
A. No. 7
B
Q. You were Jost a witness?
8
0
A. Yes,
9
10 0, All right. So does that help you remember
10
11 anything about the case?
11
12
A. But It
didn't
have
anything
to do with
being
a
12
13
pollee officer.
13
14
It
Was when I -- I had been recently hired as a
14
16 police officer In Sunrlver, and I was asked to come
16
10
beck, so It would be like 12 years ego-Ish,
but
the
10
17
event happened
before that, and there was a dispute
17
18
about a warranty one vehicle,
111
19
Q. All noht.
10
20
A. I moan I don't -- and I was a witness (or my
20
21 employer at the time.
ZI
22 0. Okay. All right. So what I'm -- the reason
22
23
some of these quesllans may sound Irrelevant to you Is
23
24
because thls Is called discovery.
24
125
A. Ah.
29
36
I
Q. And so we're -- I can't bung you Into my
1
2 office and say,
-
sergeant ratnode,
sit down and answer
2
3
these damn questions.
- I can't do that. I'm required
3
4
by law because you're represented by counsel to go
4
5
through this process, so we're Just following the law
6
6
here today.
6
I
Right, Robert?
7
8
FIR.
FRANZ: Right.
8
9
MR. WESSON; Okay.
9
10
MR. FRAHZ: So ask your damn questions,
10
11 BY MR. WESSON:
11
12
Q. Okay. Have you ever been -- have you ever sued
12
13
anybody?
13
14
A.
You know, again, I don't know. I -- I don't
14
16
remember auing
anybody
In particular,
16
16 There was one parson beck In corvnllls who owed
16
17
me,
I think It was, 400 dollars or maybe It Was 200 17
18
dollars for a stereo, and I filed some paperwo rk to the
10
19
coup for small claims so...
19
20
0. Okay, That's a suit.
20
21
A. Okay. Well, then, yes, once, I believe.
21
22
Q. And have you ever been sued?
22
23
A. Again, I don't know how to answer that. People
23
24
have threatened to sue me, but I've never been In
24
26 court, I've never been In court. Motto my
26
CASCADE COURT REPORTERS, INC. (541)385-5664
No. 1642
.
1
May 21, 2010