;.

IfAR

OR

IS IT

O
:I^I---LOYED

TWO.

BY YOU AS A BUSINESS MANAGER,

CORRECT?

CORRECT.

O
A

WAS THAT THE EXTENT OF YOUR RELATIONSHIP?

ARE YOU AWARE THAT MS. LYNCH

YES, SIR.

SCME SORT OF

YOU TOLD US THAT SHE USED TO BE

IS

]NVOLVED IN

A TAX PROCEEDING WITH THE IRS?

FA]LED TO F]LE, YES.

YOU, AS HER EMPLOYER/ YOU EMPLOYED HER FOR A

UNDERSTAND SHE

I\]UMBER OF YEARS, CORRECT?

A

CORRECT.

WHEN WAS THE LAST

TIME THAT YOU

SAW

MS. LYNCH

BEFORE TODAY?

,:

WAS

I THINK IT

THE LAST T]ME

HAS SHE VANDALIZED ANY OE.YOUR PROPERTY DURING

WAS 2OO4 OR

?nn5

-:

THAT TIME?

-a

1J

]T

NO.

OR STOLEN ANYTHING

JUST MY PEACE OF MIND.

NOW,

LOST MY TRA]N OF THOUGHT THERE.

AGAIN.

:A

25

YOU OBTAINED

MS.

LYNCH

SOME

RESTRAINING ORDER AGAINST

TIME BACK IN 2OO5; IS THAT

"THAT !{AS THE E]RST ONE,

26

LI

HERE

Z6

CORRECT.

IN

CALIFORNIA?

CORRECT?

YES/ S]R.

GOT

20

YEAR OR TWO.

2
3

YOU TOLD US THAT SHE USED TO BE

TS IT

EMPLOYED BY YOU AS

BUS]NESS MANAGER, CORRECT?

CORRECT.

WAS THAT THE EXTENT OF YOUR RELATTONSHIP?

O
A

ARE YOU AWARE THAT MS. LYNCH

4
5

YES, SIR.

A TAX PROCEEDING WITH THE

SOME SORT OF

IS

INVOLVED IN

IRS?

FAILED TO FILE, YES.

10

YOU, AS HER EMPLOYER, YOU EMPLOYED HER FOR A

11

UNDERSTAND SHE

NUMBER OE YEARS, CORRECT?

72

13

oWHENWASTHELASTTIMETHATYoUSAWMS.LYNCH

CORRECT.

14

BEFORE TODAY?

15

l6
l1

2005.

18

THAT TIME?

THE LAST TIME

WAS

NO.

2A

OR STOLEN ANYTHING

2t

O
A

22

NOW,

2b
25
ZO

)7
2B

WAS 2OO4 OR

OHASSHEVANDAL]ZEDANYoF.YOURPROPERTYDURING

19

ZJ

I THINK IT

IT

JUST MY PEACE OE MIND.

LOST MY TRA]N OF THOUGHT

THERE. tr

AGAIN.

:.:

YOU OBTAINED

MS. LYNCH

SOME

RESTRAIN]NG ORDER AGAINST

TIME BACK IN 2005; IS THAT

CORRECT?

THAT WAS THE FIRST ONE, YES, SIR.

O
A

HERE

IN

CORRECT.

CALIFORNIA?

GOT

ZL

WAS

THAT ONE HAS EXPIRED?

THAT

IT EXPIRED, YES.

A RESTRAINING
YOU SUBSEQUENTLY OBTAINED
O
IS THAT
THE STATE OF COLORADO;
AGAINST MS. LYNCH IN

ORDER

CORRECT?

CORRECT.

MS. LYNCH WAS IN

RESTRAINING ORDER

_0

SUBSEQUENTLY YOU OBTAINED

CALIEORNIA AGAIN/

IN

THAT

CORRECT?
COLORADO V{AS GRANTED'

CORRECT.

CORRECT.

13

NOW,

:4

CORRECT?

15

L6

MS. STREETER: OBJECTION,

-2

T1

AT THE TIME

ORDER OUT HERE

_1

IN

COURT

NEW RESTRAINING

COB'RECT?

WAS NOT IN
AT THAT TIME' MS' LYNCH

COURT'

WASN'T THERE'

I DON,T KNOW' SIR' I

IN
ASSUMES FACTS NOT

EVIDENCE.

20

THECOURT:IT'SCROSS_EXAMINATION.HECANLEADTHE
NOT IN EVIDENCE' A
MATTER OE AN ISSUE
A
NOT
IT,S
WITNESS.
IE HE KNEW
HE,S ASKING THE WITNESS
EVIDENCE'
IN
NOT
EACT

2t

IETHEDTFENDANTWASINCUSTODYWHENTHECOURTSIGNEDTHE

22

ORDER OR WAS

1B

19

IT

SERVtrD UPON HER'

WILL YOU PLEASE'

ASK THE RIGHT QUESTIONS'

23

2*

YOUR
MR. PERRONI: THANK YOU'

25

THE COURT: GO AHEAD.

26

2B

EXCUSE ME.

MAY

2'1

I,LL

HEAR

HONOR'

SUGGEST

IF

YOU JUST ASK THE QUESTION'

YOU MAKE A NEGATIVE

A SPECIFIC ANSWER'

WHENEVER

22

ASSERTIONANDTHENSAY/''ISTHATCORRECT?''THEWITNESS
SAYS, ,,NO," I DONIT

KNOW WHAT

ANSWERING THE QUESTION,

IS

THE FACT

BECAUSE HEIS

THAT CORRECT.

NOW/ WHEN YOU MADE

ASSERTION BE]NG NEGATIVE,

IS

HAVE

STATEMENT

IN

YOUR

DOUBLE NEGATIVE, AND

HAVEToASSUMESHEWASINCOURT.DoYoUGETTHEPOINT?
MR. PERRONI: I DO, YOUR HONOR' I APOLOGIZE'
THECOURT:NoW,ASKDIRECTQUESTIONSRATHERTHAN

_0

NEGATIVE ASSERTIONS THEN THE QUESTION, REMEMBER'

THAT

CORRECT.IEHESAYSNo,YOURASSERTIONISINCORRECT.

ALL RIGHT.

i1

MR.PERRONI:SHOULDIWAITFoRMS.STREETERToCOME

L2

13

fS

BACK?

THECOURT:No/fDON'TKNOWWHERESHE'SGO]NG.

74

15

(MS. STREETER

T6

REAPPEARS.

L1
1B

BY MR. PERRONI:

I9
20

OWEREYoUPRESENTWHENTHERESTRAININGORDER
HERE

IN CALIEORNIA,

THE NEW ONE WAS ISSUED?

IT.

2L

22

WERE YOU PRESENT

24*

25

THE COURT: THAT

23

26
21
aa

RECEIVED

IN

COURT WHEN THE COURT

I SSUED
WAS NOT

IN

COURT.

]S

THE ANSWER.

BY MR. PERRONI:

OSoSOMEBODYTOLDYoUTHATARESTRAININGORDER
HAD BEEN ISSUED?

23

YES.

THEN HANDED YOU

O
A

aTHATTHEYTOLDYoUWASARESTRAININGORDER?

DOCUMENTATION.

1
2

A PIECE OE PAPER?

SEVERAL PIECES OE PAPER, YES.

YES/ IT

SEEMED TO HAVE THE PROPER

THE COURT: DOES ANYBODY HAVE

't

RESTRAINING

COPY OF THE

ORDER?

MS. STREETER: IT IS IN THE COURT EILE.

THECOURT:WELL,WHYDON'TYoULETMEKNOWWHATIT

10
11

IS,ANDI,LLTAKEJUDICIALNOTICEoFANYTHINGINTHE

t2

EILE.

MS. STREETER: IT'S BQ33717 '

13

t5

MR.PERRONI:IDON'TBELIEVETHERE'SACOPYoFIT
IN THE EILE. THEREIS A NUMBER.
MS. STREETER: ]E YOU LOOK iT IT'S IN THE POLICE

L'7

REPORT,IT,STNTHEDOCUMENTWITHTHEPOLICEREPORT.

74

15

THECOURT:MA'AM,IDON'THAVEAPOLICEREPoRTIN

1B

THEFILE.THEPOLICEREPORTDOESNoTBELONGINTHEFILE.
I
THE COURT RECORDS ARE IN THE FILE' AND ALL

19

20

2I

EINDISANORIG]NALCOMPLAINTANDANAMENDEDCOMPLAINT.
HERE'S A COPY OE A PROTECT]VE ORDER IN THE FILE'

22

ALL RIGHT.

23
24
25

', MR. P!.IRRONI: I BELIEVE THAT IS THE ONE IN

THIS

CASE.

/6

MS. STREETER: RIGHT, RIGHT.

21

THE COURT:

2B

MR. PERRONI: IT

WHAT?

WAS

PRETRIAL PROTECTIVE

ORDER

******"*a*fl

24

]SSUED UNDER THIS CASE NUMBER.

MS. STREETER IS

IT ]S

NOT THE ONES THAT

REEERENC]NG.

THECOURT:WELL,IFfT'SNoTSOMETHINGTHATTHIS

IS

TO/

REFERRING

WITNESS

DOES ANYBODY HAVE

SOMETHING THAT WAS GIVEN TO HIM'

THAT? THAT TS WHAT SHE'S

To
SUPPOSED To BE IN VIOLATION oF, BUT HoW AM I GOING

THE

COPY OE

ORDER?

MS.STREETER:MYUNDERSTANDINGISTHATPERHAPSTHE
JUDICIAL ASSISTANT HAS THE POLICE COPIES OF THE POLICE

10

REPORT/ BUT THE COLORADO PROTECTIVE ORDER/ RESTRAINING

11

ORDER AND THE CALIFORNIA ORDER

72

THE CALIFORNIA ORDER

13

RECORD WHICH WAS PERMANENT.

76

]S IN THE POLICE FILE AND

REGISTRATION OE THE COLORADO

]S A

THERE WAS NO HEAR]NG PER SE INVOLVING

L4

15

SEE

MS. LYNCH.
MR.COHENHASAPERMANENTRESTRAININGORDER

1B

OE
THAT WAS GRANTED BY THE STATE OE CALIEORNIA AND AS PART
THE UNIEORM ACT WHEN A PERSON MOVES/ THEY HAVE TO REGISTER

t9

THAT RESTRAINING ORDER

20

CALIFORNIA ORDER

2L

ORDER THAT WAS GRANTED

7'7

22

]S

IN

THE NEW

MERELY

STATE.

SO THE

REGISTRAT]ON OF THE

COLORADO

FEW YEARS AGO THAT WAS PERMANENT'

HAVE AS THE COURT CAN SEE, MY EILES ARE

TH]S CASE. I ONLY

BROUGHT THE E_MAILS

AS I

23

VOLUMINOUS ON

2L

FIGURED THAT WOULD BE THE PART THAT WOULD BE NECESSARY'

25
26

IF THE COURT NEEDS THE ACTUAL RESTRAINING

40'
ORDER FROM BOTH, I HAVE THAT. IT IS IN DEPARTMENT

2'7

CANGoREALQUICKLYANDGETTHEME,oRTHECOURT.

2B

THECOURT:IETHEE_MAILSTHEMSELVESMAYCONSTITUTE

25

, SUBDIVISION

THAT

PENAL CODtr SECTION

THE PROTECTIVE ORDER, NEEDS PROOE OF THE PROTECTIVE

THAT THE DEFENDANT KNOWS ABOUT.

VIOLATTON OE PENAL CODE SECTION 653 (M)

]S

(B)

ANNOYING COMMUNICAT]ONS, ANNOY, BUT VIOLATION OF

NOW

213.6(A)

WHICH CHARGES

A VIOLATION

OF

ORDER,

ARE YOU READY TO PROVtr__ YOU ARE NOT GO]NG

TO PROVE IN A TRrAL YOU ARE NOT GOrNG TO DO IT, TH]S

HAPPENS HARDLY.

MS. STREETER: THE

PEOPLE ARE OPERAT]NG UNDER THE

10

BASIS I BEL]EVE IT IS L26B WHICH IS SAFETY TO

11

COMMUNITY

L2

THAT MR. COHEN AND HIS ATTORNEYS HAVE RECEIVED

13

MS. LYNCH DURING THAT TIME PERIOD

t4

TO HAVE

15

THE TWO ORDERS THAT ARE MENTIONED

IN

THE

SETTING BAIL AND BASED ON THE INFORMATION

A BRIEE RECESS/ ]

]F I

FROM

COULD BE ALLOWED

CAN GO GET THE PROTECTIVE ORDER,

THE COURT: RATHER THEN WASTE TIME, GfVE ME AN

16

OEFER

IN A POS]TION TO PROVE THAT THIS

L1

OF' PROOF. WILL YOU BE

1B

DEEENDANT HAS EVER HAD NOT]CE OF THE PROTECTIVE ORDER?

MS. STREETER: YES,

L9

BECAUSE SHE WAS PRESENT

20

HEARING. ] HAVE A TRANSCRIPT OE THE HEARING

27

AGREED TO ABIDE BY THE HEARING

22

RESTRAINING ORDER THAT MR. PERRONI

23

.A
Zq

PERMANENT.

21
2B

WHERE SHE

IN THE CALIFORN]A
IS

MENTIONING

IS

MERELY

REGISTRAT]ON OE THE COLORADO RESTRAINING ORDER. THAT ]S

THE COURT: WILL THE DOCUMENT ]TSELE HAVE PROOF IN

25
ZO

AT THE

IT

THAT TH]S DEEENDANT KNEW ABOUT IT?

MS. STREETER: YES/ I ALSO HAVE THE TRANSCRIPT/

HONOR,

IE THE COURT WANTS TO SEE THE TRANSCRIPT

YOUR

EROM THE

RESTRAINING ORDER.

?ERMANENT

THE

WITNESS: MAY I SPEAK/ SIR?

THE

COURT:

NO.

HOW LONG
l

WILL IT TAKE YOU TO GET THAT STUFF?

Mq

STREETER: FIVE MINUTES.

THE

COURT: ALL RIGHT.

THEN

IT.

I ' LL

TAKE

RECESS

IN THIS

MATTER UNTIL

SAY TO YOU' WE ARE

ACTUALLY THOUGH' LET ME

YOU GET

NoTTRYINGTHISCASE.ITISNoTNECESSARYToPROVEALLoF

i0

THECRIMESTHATAREALLEGEDBECAUSETHEYAREREPETITIOUS

11

CONDUCTOVERALENGTHYPERIODoETIME,BUTIEoNTHEBASIS
AND THE NUMBERS THAT
OF THESE E_MAILS THEMSELVES
RECEIVED THAT EXHIBIT
WITNESS HAS TOLD ME HE HAS

1/)
LL

13
T4

15
76

L'l
IH

THE

FOR

IN TWO DAYS
IDENTIEICATION HE SAID ARRIVED
SIR?
THE WITNESS: THAT IS CORRECT,
KIND OF ANNOYING TO
THE COURT: __ THAT WOULD BE
WITH THAT ' LET ' S JUST LEAVE
YOUR COMPUTER EILLED UP
HAVE

TTT AT

THAT. LET'S

NOT WASTE ANY MORtr TIME '

NoWTHEWITNESSHASALREADYTESTIEIEDToTHOSE

'1 0

20

PORTIONSTHATHEREADINTHECOMPLAINTWHICHHECONSTRUED

2L

TO BE THREATS TO HIS SAEETY?

22
23

MS. STREETER: YES.

THE COURT: ALL RIGHT.
ON THAT
DO YOU HAVE ANY MORE QUESTIONS

24

)\
--e

SUBJ.ECT ?

DON'T HAVE ANY MORE QUESTIONS

26

Mq

STREETER:

2'1

THE

COURT: THEN I'LL ASK HIM A

2B

MR.

COHEN,

'

QUESTION'

BELIEVING
DO YOU HAVE ANY BASIS FOR

21

THATTHISLADYREALLYMEANTToDoYoUHARMoRMEANSToDo

YOU HARM?

SIR,
THE WITNESS: SHE STATES SO OVER AND OVER,

3
4

fLJ.

THE COURT: DO YOU BELIEVE IT?

THE WITNESS: YEq.

THECOURT:ANDYoUACTUALLYSAYYoUHAVELOSSPEACE
OE MIND.

o
U

IN

ARE YOU

10

THE WITNESS:

l_1

THECOURT:DoYoUNEEDToEXPLAINTHATANSWER?

L2

THE WITNESS: YES.

13

THE COURT: WHAT

L4

THEWITNESS:IHAVEGRANDCHILDRENPLAYINGoNMY

EEAR?

SIR,

MAY

IS

I SPEAK?

YES.

YOUR EXPLANATION?

15

FRONTLAWN.IRECEIVEPHoNECALLSTHATARECHILLING.MY

L6

ATTORNEY RECEIVES PHONE CALLS.

THECOURT:DON'TTELLMEWHATYOURATTORNEY

L'l

RECEIVES. THAT

t_B

WOULD

BE HEARSAY.

THEWITNESS:IRECEIVEPHONECALLSTHATARESLURRED

79

20

THATAREINELICTEDWITHALCOHOL/THATAREUGLY,THATARE

2L

MENACING,ANATMOSPHEREOVERTHEPASTSIxYEARSoE15To

22

20 E-MATLS A

23
24
25
26

{t

DAY VOWTNG TO TAKE ME DOWN', VOWTNG TO

HUMILIATEME,VOWINGToBRINGMEToSOMESORToFFICTIOUS
JUSTICESHE,SCONSTRUED]DESERVE.YES/THATCREATESAN
ATMOSPHERE

OF EEAR.

THE COURT: ALL RIGHT.

THAT ALL YOU HAVE?

2'l

IS

2B

MS. STREETER:

YES.

THE COURT: YOU WANT ANY MORE CROSS-EXAMINATION?

ACTUALLY

THIS

GENTLEMEN IS

IN THE PROCESS OE

CROSS-EXAMINATION.

DO YOU HAVE ANY MORE QUESTIONS?

THE COURT:

I AM SORRY I ]NTEREERED. THAT IS

ALL

RIGHT.

I'VEJUSTBEENDIVERTEDFROMTHEFACTSTHAT
ARE TO BE RESOLVED AT THIS TIME.
MOVE

IT

ON.

MR. PERRONI: I AM DONE'

THE COURT: ALL RIGHT.
_-?

ALL RIGHT. MR. COHEN, YOU MAY STEP

DOWN'

'_1

THE WITNESS: THANK YOU, SIR.

_5

MS. STREETER:

!6

THE COURT: ANYTHING ELSE?

!1

MS. STREETER: NO, YOUR HONOR' THAT IS IT'

1B

THECoURT:AREYoUGOINGToOEEERANYDEFENSE?

L9

MR. PERRONI: NO, YOUR HONOR, WE DO

THANK YOU.

THINK

20

ARECLEARTHATWEAREASKINGEoRHERToBERELEASED,

2L

DON,TKNOWIEYOUWANTAgllMOTION?ICANMAKEONE

22

SOME OE THE COUNTS.

WE

AND

AS

TO

A 911 MOTION?

23

THE COURT: WHAT'S

24

MR.PERRONI:ITISLIKEAgg5FoRMISDEMEANORSAT

26

ARRAIGNMENT.IFTHEYAREINCUSTODYYoUDECIDEWHETHERoR
ANY NEW
NOT THERE'S REASONABLE CAUSE THAT SHE'S COMMITTED

2'7

AMENDED COUNTS.

25

2B

YOU PROBABLY DON'T SEE

]T

MUCH

IN

HER.T '