HomeMy WebLinkAbout10-06-11 (2)
INDEX TO WITNESSES
FOR PETITIONER DIRECT CROSS REDIRECT RECROSS
Danny Evans 6 40 59,74 69,77
Marie E. Johnstin 79 93 -- --
Jose K. Abrenio, M.D. 99 -- -- --
On qualifications
Jose K. Abrenio, M.D. 106 118 123 --
Thomas C. Evans 129 190 194 --
Jane Adams 148 177 187 --
2
NDEX TO EXHIBITS
FOR PETITIONER MARKED ADMITT
Ex. No. 3 - photograph 21 129
Ex. No. 4 - letter 91 197
Ex. No. 5 - Abrenio C.V. 98 106
Ex. No. 6 - Abrenio report 107 128
Ex. No. 7 - list 153 197
Ex. No. 8 - Power of Attorney 163 197
3
9:35 a.m.
2 THE COURT: Please be seated.
3 MR. MATEYA: Good morning, Your Honor.
4 THE COURT: Good morning. This is the time
5 and place for a resumption of a hearing in the matter of the
6 Estate of William I. Evans at No. 21-08-979 Orphans' Court.
7 We will let the record indicate that the parties are present
8 in court with their respective counsel. At the time of
9 adjournment on March 22 the Petitioner was in the process of
10 presenting his case-in-chief and was in the course of
11 proceeding with the direct examination of his first witness,
12 Jane Adams, Esquire, the scrivener of the will in question.
13 Go ahead.
14 MR. MATEYA: Your Honor, if I could, just a
15 few points of order. The first is -- and I will let
16 Mr. Finck address this, but Ms. Adams is not available
17 immediately, but she will be later today. Her schedule, we
18 talked about that, I don't think that presents any trouble.
19 THE COURT: All right.
20 MR. MATEYA: The other is we are requesting,
21 and counsel has agreed, if we have all of the witnesses
22 sequestered so that the only witness who is testifying will
23 be the only one in the courtroom at the time.
24 THE COURT: Mr. Finck, is that agreeable?
25 MR. FINCK: We have no objection to that,
4
Your Honor, provided all witnesses on both sides of the
2 aisle here are sequestered.
3 THE COURT: All right. And you will have to
4 arrange with your witnesses to step out.
5 MR. FINCK: Your Honor, with the Court's
6 indulgence I will be calling my first witness. He is going
7 to -- my first witness for today -- if it is all right, we
8 are going to take a break in Jane Adams's testimony and she
9 will resume again this afternoon.
10 THE COURT: If that is agreeable to both of
11 you, that is fine with me.
12 MR. MATEYA: That's fine, Your Honor.
13 MR. FINCK: One further point of
14 clarification, Your Honor. Are you envisioning that at the
15 conclusion of the testimony -- would you want to see
16 findings of fact and conclusions of law?
17 THE COURT: I am not sure. We have I think
18 another day scheduled after today.
19 MR. FINCK: Correct.
20 MR. MATEYA: Yes.
21 THE COURT: So why don't we see what
22 counsel's wishes are at the time we adjourn.
23 MR. FINCK: Okay.
24 THE COURT: We do need to move the case along
25 more quickly than it has proceeded so far. Go ahead.
5
MR. FINCK: Your Honor, I would like to call
2 Danny Evans to the stand.
3 Whereupon,
4 DANNY EVANS
5 havin g been duly sworn, testified as follows:
6 DIRECT EXAMINATION
7 BY MR. FINCK:
8 Q Mr. Evans, can you state your full name and
9 address for the record, please?
10 A Danny Evans. Danny Bruce Evans. I live in
11 Broadnax, Virginia; 4739 Tanner Town Road in Broadnax,
12 Virginia, B-r-o-a-d-n-a-x, 23920.
13 Q Okay. Thank you, Mr. Evans. And, Mr. Evans,
14 how old are you?
15 A Fifty-six.
16 Q And how long have you lived in Virginia?
17 A All but four years of my life.
18 Q And which four years were those?
19 A From 1972 to 1976.
20 Q Okay. Prior to 1972 did you live with your
21 father in Virginia?
22 A Yes, sir.
23 Q Okay. And what happened in 1972?
24 A Well, in 1972 my father -- he was a truck
25 driver. He worked out of Richmond, and the company he
6
worked for was sold to a company up here in Mechanicsburg
2 and he got transferred up here. You know, because of his
3 education he was afraid that he wouldn't find another job.
4 So he moved up here, and at that time I had just had an
5 accident and lost my arm so I moved up here.
6 Q So you moved up here to Carlisle with your
7 father in 1972 ?
8 A Yes, sir.
9 Q Okay. And then you returned to Virginia in
10 1976?
11 A Yes, sir.
12 Q And did your father return as well?
13 A No.
14 Q Okay. where did he live?
15 A He lived at where he was residing, you know,
16 when he moved up here. He still worked at the same job.
17 And that's whe re he lived. He stayed there the whole rest
18 of the time.
19 Q Okay. And you mentioned that your father was
20 concerned about his education level. What level of
21 education did he have?
22 A My father had a sixth grade education.
23 Q Okay. Was he married when he moved to
24 Carlisle?
25 A Yes, sir. At the time I was in the hospital
7
when he moved up here, and he came into the hospital room
2 and said that he was getting married and moving up because
3 the lady live d -- that he was marrying was living on the
4 same road we lived at, and when he moved up here -- I think
5 they got marr ied before he came up here. So I would say,
6 yes, he was married when he came up here.
7 Q Okay. And what was his wife's name?
8 A Gisela.
9 Q Gisela Evans?
10 A At the time it was Gisela Tanner.
11 Q But she took his last name?
12 A But she took his last name, yes, sir.
13 Q Okay. And they were married in 1972; is that
14 correct?
15 A Yes, sir.
16 Q All right. Aside from you, did your father
17 have any other children?
18 A Yes. I had one other brother, a younger
19 brother, and he got killed in 1978, I think it was.
20 Q And did he have a spouse or any children?
21 A No. No, he was not married or anything. He
22 was in the military.
23 Q So are you the only son that survived your
24 father?
25 A Yes, sir.
8
Q There is no daughters either?
2 A No, no other children.
3 Q Okay. Immediately after you moved back to
4 Virginia in 1976, how often would you see your father?
5 A Well, when I first moved back I would see him
6 probably -- at that time, oh, at least once every other
7 month, at least that because my wife was -- is from up here,
8 and at that time we had no kids or anything so we could get
9 in the car and come up here weekends so we came pretty often
10 during our early years of being married. Once we had kids
11 and stuff, you know, it got less frequent because of having
12 kids and stuff like that, but I would see him at least -- at
13 least every other month we would come up here.
14 Q Okay. And how old are your children now?
15 THE COURT: I'm sorry to interrupt, but is
16 that going to help me decide whether the testator had a
17 weakened intellect, how old this gentleman's children are?
18 MR. FINCK: Well, Your Honor, I am just
19 trying to set a stage for the interactions that Mr. -- my
20 client, Danny Evans, had with the decedent, Mr. Evans. I
21 will move on.
22 THE COURT: Yeah. What date did your father
23 die? Or what year?
24 THE WITNESS: 2008, I believe it was.
25 THE COURT: Okay.
9
MR. FINCK: It was September of 2008.
2 THE COURT: September of 2008, and is the
3 allegation that he suffered some sort of illness or dementia
4 or something that caused him to have a weakened intellect?
5 MR. FINCK: Yes, it is, Your Honor.
6 THE COURT: And when is that supposed to have
7 had its onset?
8 MR. FINCK: In the late 90's, early 2000's.
9 THE COURT: Okay. I would be interested in
10 hearing about that time more so than back in the 1970's. I
11 understand you are setting up the background, which is
12 perfectly all right, but I am afraid we are going to run out
13 of time if we don't move forward.
14 MR. FINCK: Okay.
15 BY MR. FINCK:
16 Q Let's move up, Mr. Evans, to the late 90's
17 and early 2000's. How often did you interact with your
18 father during that period?
19 A I would -- in the springtime I would come up
20 and spend a whole week with my father, and in the fall I
21 would come up and spend a whole week, and in between those
22 times he would come down and visit. He would come down and
23 visit about once every other month, once a month sometimes
24 after he retired.
25 Q And how often did you speak with him on the
10
phone, if at all?
2 A I would speak with him on the phone at least
3 every other week. He would call me or I would call him.
4 Q Did your father keep in touch with other
5 family members?
6 A Oh, yes, sir.
7 MR. MATEYA: Objection, Your Honor. I don't
8 know how he's going to know that information. It is going
9 to call for him to speculate.
10 THE COURT: Do you want to ask him how he
11 would know that?
12 BY MR. FINCK:
13 Q Well, when your father came down to visit you
14 what types of things would you do?
15 A Oh, we would get in the car and ride around.
16 He would tell me about his childhood. He would tell me
17 where he went and things he did, and, you know, the country
18 has grooved up compared to when he was a child, and, you
19 know, and we would just hang out. I would basically hang
20 out with him and talk and he would show me things from when
21 he was a child.
22 Q Okay. How many siblings did your father
23 have?
24 A He had one brother and four sisters.
25 Q Okay. And where does the brother and the
11
four sisters live?
2 A Everybody lives right down near South Hill,
3 Virginia, probably within 7, 6 miles of where I live.
4 Everybody pretty much lives real close together.
5 Q Okay. So when your father came down to visit
6 you, would you go with him to visit others?
7 A Oh, yes. Yes, sir. We would go around and
8 visit. You know, that's what he did. He came down and
9 visited his brothers and sisters and cousins, and, you know.
10 Q What about his parents? Where were they?
11 A Yeah, he visited his mother. His mother
12 lives just across the road from me. His father died back in
13 -- you know, back in the 70's, mid 70's, I think it was.
14 Q Did he visit with his sister Irma, who is the
15 respondent in this case?
16 A She lived near Richmond most of the time, and
17 sometimes he would -- you know, he would stop by her place
18 either coming to visit me or when he was heading back home.
19 That is what he would tell me anyway.
20 Q And you said that your father was married.
21 In the late 90's, did that change?
22 A Yes. He was married to Gisela, and they were
23 having marital problems and she left.
24 Q When did she leave?
25 A She left -- I think it was somewhere around
12
2001, somewhere in that neighborhood.
2 Q Prior to her leaving, how would you describe
3 your father -- immediately prior to her leaving, how would
4 you describe your father's behavior?
5 A She had gotten sick with cancer, and I came
6 up to spend a week with him and he was -- he didn't treat
7 her very well. He would say things and do things that
8 seemed to be way out of place for, you know, your wife being
9 sick with cancer. He just did a lot of things that I
10 thought was very strange.
11 When I came back home I told my wife how he
12 treated his wife -- you know, treated Gisela because she was
13 sick with cancer, and he was, you know, actually talking
14 about when she was going to die and things like that, and I
15 thought that was very unusual. I wouldn't talk about my
16 wife dieing. Even if she was dieing, I wouldn't talk about
17 it in front of her. I mean he was just -- I wish I could
18 find the words.
19 Q So you thought at that point his behavior way
20 strange?
21 A Oh, yes. Yes. Very strange, you know. He
22 would -- we would come in -- you know, we would leave that
23 morning and ride around. He had a dump truck and he hauled
24 stuff, and he wouldn't call his wife all day. We would come
25 in at, you know, 6, 7:00 at night, and he really wouldn't
13
even check on her. And it was very -- I couldn't believe
2 the way he was acting toward her. I thought it was very
3 strange.
4 Q And when did she leave your father?
5 A I am thinking it was after she got -- well,
6 I'm thinking somewhere around 2001, somewhere in that
7 neighborhood.
8 Q Okay. And did your father ever discuss the
9 divorce proceedings with you?
10 A Oh, that's all he talked about. Yes, sir.
11 Q What would he tell you about the divorce
12 proceedings?
13 A Well, he was just telling me how he couldn't
14 believe how she left and she wanted half of everything and
15 he was going to have to give her half of everything, and it
16 got to where it was like a broken record. Every time I
17 talked to him it was the same -- the same conversation, the
18 same -- almost word for word. I mean it was almost like he
19 was a tape recorder.
20 Q Okay. And after she left him how would you
21 describe his behavior to the Court?
22 A It dropped off drastically after that because
23 she was keeping my father alive. He was diagnosed with
24 real, real high cholesterol back in the 80's, early 80's,
25 and his cholesterol, when they finally found out about it,
14
he was complaining about headaches, he was like seventeen or
2 eighteen hundred, you know. They told him it is a wonder he
3 hadn't already had a stroke, and she was always, you know,
4 making sure he took his medicine and cooked, you know, the
5 foods he was supposed to have. I guess that kind of food
6 didn't taste very well. She cooked it for him, and he ate
7 it, and after she left, you know, he wasn't taking his
8 medicine like he should, and I know he wasn't eating right
9 because he was eating all kinds of sausage and ice cream and
10 things like that. So after she left his health just went
11 down quick.
12 Q Can you explain to the Court what you saw
13 that led you to believe that mentally he was having
14 problems?
15 A Well, like I said, he always -- he was
16 always, you know, ranting and raving about Gisela, and he
17 got to the point where he didn't come down very often. He
18 was afraid she was going to be stealing stuff. When I would
19 come out to visit, he pointed out different things that she
20 had stolen. You know, like he told me she had came in one
21 day when he was gone and stole his grandfather clock. And I
22 pretty much know everything he had in his house, and he only
23 had one grandfather clock, and I was sitting there looking
24 at it in the corner, and I said, Dad, there's your
25 grandfather clock right over there, and he said, no, I had
15
two of them. I said, well, where did you have your other
2 one at? He said right there beside it. And, you know, that
3 was real strange.
4 Another time he --
5 THE COURT: Well, when was that that he
6 thought that a clock had been stolen?
7 THE WITNESS: Oh, this was probably about
8 2004, somewhere along that neighborhood.
9 THE COURT: All right.
10 THE WITNESS: And one time while my wife and
11 I -- you know, we went out for breakfast with him. It was
12 just right up here in town. He called up. It was a little
13 small restaurant, and we went inside and ate, and when we
14 were coming out he was feeling -- looking for his keys and
15 he couldn't find his keys, and we walked around to the car,
16 and he had left the car running. It was in the parking
17 space with the car still running.
18 THE COURT: When was that?
19 THE WITNESS: This was probably 2003 or '04.
20 Somewhere along in there.
21 THE COURT: And he was still living by
22 himself?
23 THE WITNESS: Yes, sir.
24 THE COURT: In a house or an apartment or
25 what?
16
THE WITNESS: A house.
2 THE COURT: Okay. And still driving?
3 THE WITNESS: Yes, sir.
4 THE COURT: Okay.
5 THE WITNESS: And he had a shotgun laying on
6 his kitchen table, and he said he was one day going to catch
7 Gisela when she broke in the house -- which she wasn't going
8 in the house. She wouldn't do anything like that. He came
9 down one weekend to visit us, and the next time I talked to
10 him he said that while he was gone she had stolen his lawn
11 furniture.
12 So the next time I came up I saw the lawn
13 furniture on his porch, and I told him, I said, Dad, I
14 thought you said Gisela stole your lawn furniture? He said
15 she did. I said, well, that looks just like the lawn
16 furniture you have always had. He said, I bought that at a
17 yard sale. I said they sold you your old lawn furniture.
18 THE COURT: When was that?
19 THE WITNESS: This was 2005 or '06, something
20 like that.
21 THE COURT: Okay.
22 BY MR. FINCK:
23 Q Over the course of time did you believe that
24 his behavior was getting stranger or was it staying the
25 same?
17
A Oh, he was getting stranger, you know.
2 Everybody I talked -- he talked to or everybody I talked to
3 would be telling me that they thought he had Alzheimer's,
4 and I thought he had Alzheimer's.
5 Q So was this discussed amongst the family
6 members?
7 A Oh, yes, sir. Every time we got together we
8 were talking about my dad's actions, the way he would carry
9 on and stuff.
10 Q Did you ever try to talk to your father about
11 getting help?
12 A I tried to tiptoe around it because -- yes, I
13 did. I said, Dad, when's the last time you went to the
14 doctor? And he would say, oh, I just went last week. I got
15 a good bill of health, and I said, did you ever say anything
16 about the way you keep forgetting stuff? He said, oh,
17 everybody gets like that. I'm just getting old. You're
18 going to get like that one day. And I couldn't --
19 I was real concerned about my father, his
20 mental health, but I lived so far away. It was really not
21 anything I could do. I couldn't hogtie him and drag him to
22 the doctor. And when he came up to visit, if I dwelled on,
23 you know, come on, Dad, let's go to the doctor, let's go to
24 the doctor, after a while he's not going to want to see me,
25 you know, or be glad when I do come up. So I didn't push
18
it, you know, real hard. I should have. If I would have
2 known then what I know now I would have drove him to the
3 doctor.
4 Q Did you ever talk to him about moving back to
5 Virginia?
6 A Yes, sir.
7 Q Can you tell the Court about those
8 conversations?
9 A Oh, this was right -- this was at the very
10 beginning of his divorce, you know. I said, Dad, you know,
11 when you get your divorce you've got nobody up here, you
12 know. You've got two grand-kids and one son and the rest of
13 the family lives down next to me. You know, why don't you
14 move back? He said, I'm going to do that. You know, I
15 think I'm going to do that. And he talked about moving back
16 home because that is where all of his family was at, was
17 back there. He had no family up here. And the intentions
18 was he was going to move back. We talked about that a lot.
19 Q Okay. Did he do anything in preparation for
20 moving back?
21 A Yes. My aunt had a piece of land beside
22 where I lived at. He had actually had his eye on it for
23 quite awhile, and he went to her and asked her about selling
24 it. He actually asked her several times about it, and she
25 didn't really want to sell it at those times. And finally,
19
you know, she agreed that she was going to sell it to him.
2 And his intentions were to move down next to -- right next
3 to me and live. And there was an old store. He said he was
4 going to, you know, open that up and run the old country
5 store, but, you know, we had talked about him coming down.
6 Q Okay. And did he purchase that land from
7 your aunt?
8 A Yes, he did. He bought the land. The way it
9 went down was he was so paranoid of Gisela every time he
10 left the house that she was going to steal stuff, and he
11 would -- you know, it got to the point where he didn't want
12 to travel because he was pretty much guarding the house.
13 And he came down, and we went out to
14 breakfast with my father. We went to breakfast one morning,
15 and his plan was to go to the courthouse that Monday with
16 Connie and get the land. You know, to transfer the land so.
17 Well, he pulled out his cellphone and there was a couple
18 calls, you know, and he said, well, Gisela is probably
19 calling my house to see if I am there. She's probably up
20 there now stealing stuff.
21 So he told me, he said, son, I am going to go
22 back to Pennsylvania. What I want you to do is you and
23 Connie go down to the courthouse, get the land put up in
24 your name, and then when the time comes, when I get ready to
25 move back down there, just put it back in my name. He said
20
is that okay with you? I said I don't care, Dad. However
2 you want to do it is fine with me, and that is -- he bought
3 the land as he bought it, and that is how it was put in my
4 name.
5 Q Okay.
6 THE COURT: How much was the purchase price?
7 Do you know?
g THE WITNESS: I believe it was $25,000, I
9 believe.
10 THE COURT: Just land, not buildings?
11 THE WITNESS: It had a building on it that
12 was probably 50 some years old and hadn't been lived in in
13 probably 25 years.
14 THE COURT: How much acreage?
15 THE WITNESS: It was right around four acres
16 of land.
1~ THE COURT: Four?
lg THE WITNESS: Four, yes.
19 THE COURT: Okay.
20 MR. FINCK: If I may approach, Your Honor, I
21 would like to show you a document I will ask be marked as
22 Petitioner's Exhibit No. 3, I believe.
23 (Petitioner's Exhibit No. 3 was marked for
24 identification.)
25 BY MR. FINCK:
21
Q Mr. Evans, can you tell the Court what that
2 picture is?
3 A It is a picture of the old store.
4 Q And can you describe what the store looks
5 like?
6 A Well, what it was back in the 50's, I believe
7 it was, it was just an old country store and they lived
8 there.
g Q What kind of shape was the store in?
10 A Oh, it was really run down. It was -- like I
11 say, it hadn't been lived in in several years and it had --
12 it was rotten and no insulation. My dad came down and
13 looked at it, and after I cleaned up around the place real
14 good he came and checked it out real close, and he even said
15 the store was run down too far to do anything with.
16 Q was his plan to live in the store property,
17 in the store itself?
18 A No.
19 Q What was his plan?
20 A His plan was to build a Cape Cod. He liked
21 the house that he lived in up here, and he said I want to
22 get a house just like that, a Cape Cod, and put it on the
23 property. And his plan was to work on the store and open
24 the store up.
25 THE COURT: I have gotten a little confused.
22
Are we still talking about this property that he gave to
2 you?
3 THE WITNESS: Yes, sir.
4 THE COURT: Oh, I see. There's a store on
5 it?
6 THE WITNESS: This building right here. I
7 don't really call it a store, it was an old building.
g THE COURT: Okay.
g THE WITNESS: It used to be a store.
10 THE COURT: Okay. How is this going to
11 relate to whether he had a weakened intellect?
12 MR. FINCK: Well, Your Honor, one of the
13 things that you are going to be hearing about is the store
14 was actually demolished at some point, and we believe that
15 that caused -- Mr. Evans will testify that that caused a
16 great distress because of his weakened intellect, and
17 basically this was one of the factors that played into why
18 he was confused about what was happening, and that led to
19 the will that was produced as a result of that confusion.
2p MR. MATEYA: And, Your Honor, I understand
21 where counsel's going. I don't mind, but a summation, I
22 don't think, will come with any objection from me. In other
23 words --
24 THE COURT: Okay. At some point this
25 building was destroyed. When did that happen?
23
THE WITNESS: Yes. After I cleaned up -- he
2 wanted the land cleaned up and everything, and I went ahead
3 and hired a contractor to come and bulldoze and clean the
4 property up, and me and a bunch of people got together and
5 cleaned up around the old store, and then when he came down
6 and looked at the property and the building, that is when he
7 noticed that the store was -- how run down it was.
8 And my wife took him around that day, and,
9 you know, when he came in that night he was complaining
10 about how expensive the housing -- the houses was and stuff,
11 and the next morning when he got up he came to me, because
12 he owed me about $3,500 for the construction -- the
13 bulldozing and stuff like that, and he came to me and he
14 said, son, he said, I have been thinking about this, it was
15 a mistake of me buying this property. He said, I'm old and
16 I'm settled down where I am at. I got too much stuff to
17 move. You know, you just take it and do what you want to
18 with it.
19 And I said, well, you know, what about, you
20 know, the $3,500? He said just cons ider i t as you got the
21 property cheap. And I said are you sure, Dad? You know,
22 because I really wanted him to move down. And he said,
23 yeah. He said, I should have never bought it. He said, I'm
24 just too old to be moving all of my stuff around. You take
25 it and yo u do what you want to with it.
24
And at that point I got up, him and I went to
2 the kitchen table, and I got up and I went into the living
3 room where my wife was and I cried because I wanted him to
4 move down there.
5 THE COURT: So this property is around where
6 you --
7 THE WITNESS: This property is right next
8 door to me. You know, it is right next door.
g THE COURT: In Virginia?
10 THE WITNESS: Yes, sir.
11 THE COURT: Okay. So he decided not to move
12 down.
13 THE WITNESS: And --
14 THE COURT: Did you have the building
15 destroyed?
16 THE WITNESS: Well, what I did after that --
17 I got two daughters. I didn't need the property. I've got
18 enough property. So I told my daughters, I said, if you
19 want to split the property in half, one can have one part
20 and one can have the other. Well, my youngest daughter, she
21 decided that -- you know, she wanted to cut the field in
22 half and take the part, you know, where the store was on.
23 And my oldest daughter, who lives in North Carolina, she
24 said, you know, I am not interested. If I ever do move up,
25 maybe I might be interested.
25
So I went ahead and told my daughter, my
2 other youngest daughter, she said she wanted that piece, but
3 she didn't want the old store, and she was fixing to get
4 married and the guy that she was going to marry was in the
5 fire department. So he said, well, we can take the old
6 store because I figure it was going to cost a lot to tear it
7 down.
g THE COURT: So they used it as a test for a
9 fire?
10 THE WITNESS: Yes.
11 THE COURT: And they destroyed the building,
12 and then did that upset your father in some way?
13 THE WITNESS: Well, the day they burned it I
14 videoed before, you know, during, and after. The next
15 morning I went down and was videoing it and Irma drove up,
16 and she seemed a little upset that I burned the store down.
17 And she said, oh, your dad is going to be so mad at you.
18 And I said what for? She said because you burnt the store
19 down. I said, well, he gave me the property. I said what's
20 the big deal? She said, well, you know how your dad's mind
21 is. And she got in the car and left.
22 Q And how far away did Irma live from the store
23 property? From your property?
24 A I am going to guess 40 miles, 35 miles,
25 somewhere around there. I've never been to her home. So
26
I'm just guessing it is probably 35, 40 miles away.
2 Q Piror to that was she aware -- did you ever
3 tell her you were burning the store down?
4 A Oh, yeah. Everybody knew it. Whenever it
5 was burned people were coming around for miles and setting
6 up lawn chairs and watching because I mean I have never seen
7 a house burn. I have never seen a building burn. And
8 people knew about it. It was like a big country
9 get-together almost, you know.
10 Q Did your father come down for the --
11 A No, he didn't come. He came down a few weeks
12 later, I think it was.
13 THE COURT: So what year was this?
14 THE WITNESS: Oh, that was 2006, I think it
15 was.
16 THE COURT: Okay. And he got upset that the
17 house had been burned down -- or the store?
lg THE WITNESS: Well, a few weeks after that,
19 you know, I had heard through different relatives, you know,
20 that my dad was upset, that he was mad at me because the
21 store was burnt. Well, several weeks later we had a family
22 get-together, and my father came down and he seemed to be --
23 he seemed to be mad at me. I mean he stayed far away.
24 He didn't come close to me and talk to me and
25 stuff like that and everything, and he came to the reunion
27
with Irma and her husband Bernard, we call him Bernie, and I
2 -- you know, I called Irma in the parking lot and I
3 basically accused him, I said you are all brainwashing my
4 dad. What are you all doing? Brainwashing him trying to
5 turn him against me and stuff? And he kind of had a little
6 smirk, and I threatened to smack him.
~ THE COURT: Who is this?
g THE WITNESS: Irma's husband.
g THE COURT: Who is that?
10 THE WITNESS: Irma --
11 THE COURT: Oh, this person here?
12 THE WITNESS: Yes, sir.
13 THE COURT: You accused her of turning your
14 father against you?
15 THE WITNESS: Yes. Yes.
16 THE COURT: Okay. Go ahead, Mr. Finck.
1~ THE WITNESS: And I just -- well, you know, I
18 just walked away because I knew if I stayed there very long
19 I probably would have gotten in trouble.
20 BY MR. FINCK:
21 Q Did you have concerns about someone being
22 able to brainwash your father?
23 A Oh, yes.
24 Q Why is that?
25 A Well, he got taken by like a lottery scam one
28
time back for -- I think it was a thousand dollars. One of
2 these phone lottery scams, and he in his younger days --
3 THE COURT: When was the lottery scam?
4 THE WITNESS: 2000, 2001, something like
5 that, I think it was.
g THE COURT: Okay.
7 BY MR. FINCK:
g Q And prior to that you indicated that in his
9 younger days he wouldn't have fallen for something like
10 that?
11 A Oh, no. No. In his younger days he was
12 sharp as a tack, you know. Business-wise, I mean he pretty
13 much worshipped the dollar bill, and he would do whatever he
14 could do to get a dollar bill, and he was a pretty strict
15 businessman, you know.
16 Q You indicated that --
l~ THE COURT: What was his business?
lg THE WITNESS: Well, he was a truck driver.
19 THE COURT: Oh, that's right.
20 THE WITNESS: But he did all kinds of stuff,
21 you know. He was always wheeling and dealing.
22 BY MR. FINCK:
23 Q He owned quite a few properties as well,
24 correct?
25 A Yes, sir.
29
Q You indicated that he came down for the
2 family reunion a few weeks after the store had burned. Do
3 you remember -- you indicated it was 2008. Do you remember
4 what day in 200 8 the store burned?
5 A What day it burned?
g Q Yes.
7 A It was March 27th. It was my birthday, is
8 how I remember it.
g Q Okay.
10 THE COURT: Now when was the will?
11 MR. FINCK: I'm sorry. I'm sorry. You
12 indicated -- I believe you indicated that it was 2006?
13 THE WITNESS: When the store was burned?
14 THE COURT: That's what he said.
15 MR. FINCK: I'm sorry?
16 THE COURT: He said 2006.
17 BY MR. FINCK:
lg Q Okay. So the store was burned on March 27,
19 2006?
20 A I might not be correct on the year, but, yes,
21 March 27th. I remember it was my birthday.
22 MR. FINCK: And, Your Honor, the date of the
23 will is April 14th, 2006.
24 THE COURT: Okay.
25 MR. FINCK: Just to answer your question.
30
BY MR. FINCK:
2 Q So you said that a few weeks after the store
3 was burned on March 27, 2006, there was a family reunion
4 where your father came with Irma and Bernard, correct?
5 A Yes.
6 Q Prior to that where did he normally stay when
7 he came to Virginia?
g A Oh, he would stay with me.
g Q Okay.
10 A Nine out of ten times he would come and stay
11 with me or before his mother died and before she went in a
12 home he would stay with his mother, which she lived across
13 the road from me.
14 Q Did you think it odd that he had decided to
15 stay with Irma and Bernard instead of you?
16 A Well, I had heard from different people that
17 my dad was mad, and he had several times talked to Irma a
18 lot on the phone, and it didn't seem strange at the time
19 that he stayed with Irma. It was on his way of getting to
20 South Hill, you know, so it's kind of a pit stop.
21 Q You indicated that when you saw him at the
22 family reunion he acted like he was mad at you?
23 A Yes.
24 Q Did you ever go up and talk to him about it?
25 A Yes. During the reunion -- in the beginning
31
of the reunion he acted like he was mad at me. He
2 distanced. And as the reunion went on we actually sat
3 beside each other, you know, and talked and stuff like that,
4 and, you know, he didn't -- at that point he didn't act like
5 he was mad.
g And after the reunion I think he rode with
7 Irma and Bernie so after the reunion he left with them, and
8 after that every time I talked to him on the phone or when I
9 came up to visit, he seemed normal. He didn't act like he
10 was mad, but I would hear people -- they would tell me that
11 they had talked to him on the phone and that he was upset
12 about the land. But when I talked to him or visited him
13 everything seemed to be fine.
14 Q Well, at that reunion in April of 2006, did
15 you ever ask him whether he was mad at you about the land?
16 A No, no.
1~ Q How come?
lg A At that point it was really -- I didn't want
19 to really have any kind of confrontation at a family
20 gathering, and it wouldn't matter anyway because the store
21 was burned. I mean I couldn't scrape the ashes up and undo
22 it. I mean the damage was already done, if that is what he
23 was upset about.
24 Q And how would you describe his mental
25 capacity during that time period?
32
A Oh, during that time period his mind was --
2 he was -- like I said, he was doing some strange stuff. He
3 was just like a person with Alzheimer's. He would do things
4 and forget he done them, not small stuff, big stuff.
5 Q Like what?
6 A He would say he was going to put a battery in
7 his car, and he would go buy a battery, and he had five or
8 six cars, and then he would forget which car. He actually
9 came down one time to visit and had gotten lost. I mean he
10 has traveled from here down there thousands of times. He
11 was a truck driver. He's been all up and down the states,
12 and he got lost.
13 THE COURT: When was that?
14 THE WITNESS: This was probably in the
15 neighborhood of 2006. You know, he actually had to call
16 Irma one time to get directions on how to make -- I think
17 Irma went to go get him or something like that. He got
18 twisted up couldn't find his way back.
19 BY MR. FINCK:
20 Q Now, Mr. Evans, did your father ever talk to
21 you about writing out a will?
22 A Yes, sir. I can't remember the exact date of
23 the first will. He was so concerned about Gisela coming and
24 taking stuff and stealing stuff at the house, and made the
25 comment -- he said, well, she's probably going to come and
33
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
take the rest of the stuff when I die.
And I was up here at the time. I had been up
here a few days, and I said, why don't you get a will made,
Dad? He goes, well -- I said, hey, I'm already up here.
Just go ahead and get it done. That way you know for a fact
that she can't get anything if something happens to you,
which I wasn't concerned about that because she wasn't doing
the things that he said, and I was his only son so I figured
for piece of mind, he wouldn't have to think about it, you
know, I said, let's go get a will made, and that is when we
got a will made.
THE COURT: So what year was that?
MR. FINCK: If I may, Your Honor, the prior
will has already been admitted, and it is dated August 2nd,
2005. Is that the same will that you talked to your father
about?
THE WITNESS: Yes, sir.
THE COURT: Who wrote that will? Do you
know?
THE WITNESS:
THE COURT:
THE WITNESS:
stuff and he knew her.
THE COURT:
Jane Adams.
Jane Adams wrote that will.
Yes. She handled his divorce
Yes, I recall.
BY MR. FINCK:
34
Q Okay. And you were with him when he wrote
2 the August 2nd, 2005, will?
3 A Yes, sir.
4 Q At that point did you believe he was still
5 having mental problems?
6 A Oh, yes. He wasn't right then, you know.
7 The only reason I even suggested to write the will was to
8 give him a little piece of mind because he was just dwelling
9 on Gisela's stealing and getting more stuff from him and
10 all. His mind wasn't really right then.
11 Q When was the divorce finalized?
12 A I think in 2005, I think is when it was.
13 Q Did you ever discuss your father's estate
14 planning with Irma?
15 A No, sir.
16 Q Did she ever ask you about what your father
17 was going to do about his properties?
18 A Oh, yes. Yes, yes. Whenever we would get
19 together, it was one of the big topics, was my dad's
20 finances and who was going to get what and things like --
21 you know, it was one of the main subjects that we talked
22 about.
23 Q Did she ever express concern to you about
24 what Gisela would get?
25 A Oh, yes. Yes.
35
4 Can you tell the Court about those
2 discussions?
3 A Well, my grandmother, she didn't like Gisela,
4 and she was real concerned about what Gisela was going to
5 get if my father died and things like that, and Irma would
6 get in on the conversation also, and they would ask me what
7 I would do if my father died, and, you know, and things that
8 went to Gisela and all. It was kind of a subject that I
9 wasn't real comfortable with talking about because, you
10 know, I felt like talking about my father dieing and -- it
11 was kind of morbid, I thought.
12 4 Now, Mr. Evans, after the April 14th, 2006,
13 will, you said he came down for a family reunion. How often
14 did he come down to Virginia to visit you after April of
15 2006?
16 A He only came to the funeral. He came to his
17 mother's funeral. He came to his sister's funeral. He
18 really didn't come down much after 2006.
19 4 Okay.
20 A I would come and visit him, but he didn't
21 come down. He attempted to come down. He was going to come
22 to a family reunion, and he never missed a reunion. That is
23 something that he would always come to, and he missed one,
24 and I called him up and I said, Dad, where were you at? He
25 said, oh, I got about 30 miles away and I decided, you know,
36
just to turn around and come on back home, and what it
2 really was, he was getting scared about, you know, getting
3 lost.
4 4 So his visits down to Virginia, they
5 decreased?
6 A Oh, definitely. Yeah, a lot.
7 4 And you indicated that at one point he got
8 lost. Do you remember what he was coming to Virginia for
9 when he got lost?
10 A I believe it was his mom's funeral, I believe
11 is what it was.
12 Q And when was that?
13 A 2006, I believe. I am not real good with
14 dates. Excuse me, sir. Could I get a drink of water?
15 THE COURT: Sure.
16 BY MR. FINCK:
17 Q Getting back on the topic of your father's
18 health, did your father have a pacemaker?
19 A I didn't know anything about a pacemaker
20 until the day we came up. You know, he died on a Friday
21 night, and I at that time had worked midnight shift that
22 week and been up all day. So I got the phone call about
23 8:30 that night. There was just no way I could travel to
24 come up. So the next morning my uncle and I came up, and
25 the coroner was talking to me about my father, and he
37
mentioned the pacemaker, and I said, my father had a
2 pacemaker? He goes, yeah. I said, well, I didn't know that
3 he had a pacemaker, and Irma, you know, said, yeah, I knew
4 he had one. I said, well, I didn't know.
5 4 So Irma was at your father's home when you
6 were having this discussion?
~ A Yes, she was there. She got there, oh, I
8 guess first thing that mornin
g, you know. I don't know what
9 time she got there, but she was there when I arrived. She
10 had already been there.
11 Q And she told you at that point that she was
12 with your father when he had the pacemaker put in?
13 A Yes. She said that she had come up to take
14 care of my father when he had it put in.
15 Q Did you think that was strange?
16 A I really didn't give it a whole lot of
17 thought at that time, you know. I couldn't have come up and
18 took care of him because I was workin
g, and she was retired
19 so she had all kinds of time. So I didn't really give it a
20 whole lot of thought, you know. I figured, you know, she
21 could come up and look after him better than I could at that
22 time because I was working.
23 Q Did you think it was odd that he didn't share
24 that with you, that he was having it done?
25 A Yeah, I thought because none of my other
38
relatives knew about it, ou know.
Y I thought that was kind
2 of strange, that the only person that knew about it was
3 Irma.
4 4 Now, we talked a lot about the Virginia
5 property and the land transaction that your father was very
6 upset about, and you indicated that you never confronted
7 him. Did you ever talk to him after you transferred --
$ after you transferred the property to your daughter about
9 this -- about, you know, was he mad or did you ever discuss
10 that with him?
11 A Yes, yes. You know, a few times I come up
12 and once in a while he would make a comment, you know, well,
13 I would have been moved down there if you hadn't took the
14 land, and I said come, on dad, you know you gave me that
15 land, and I said besides there's a piece of land right next
16 to me that I own. If you want it it is yours. All ou
Y got
17 to do is move down there and it is yours.
18 I said the piece of property that my
19 grandmother gave me, if you want that, it is yours. And I
20 said the property -- for you to put a house on it is not a
21 problem. I said I've got enou h
g you know. If you want to
22 move down there, come on. And he would drop the subject.
23 4 Did you ever try to encourage him to move
24 down there even after he gave you the property?
25 A Yes.
39
Q Why?
2 A Because his health -
- I mean, he was up here
3 by his self, and he had no family up here to look after him,
4 and my wife's grandfather, he died from Alzheimer's, and
5 it's not a pretty sight. And he didn't have anybody to look
6 after him, and I thought he had Alzheimer's.
~ Q You thought he had Alzheimer's at that point?
8 A Oh, yeah.
9 Q And did that cause you concern, him being up
10 here?
11 A Yes.
12 MR. FINCK: Nothing further, Your Honor.
13 THE COURT: Okay. Mr. Mateya.
14 CROSS EXAMINATION
15 BY MR. MATEYA:
16 Q Mr. Evans, I first want to talk to you about
17 the transfer of the property in Virginia. Your Aunt Connie
18 was selling the property to your father initially; is that
19 correct?
20 A Yes, sir.
21 Q Okay. And as far as you knew he was going to
22 work on the old store that you talked about, the building
23 that you showed us a picture of, right? That was his
24 initial idea?
25 A To do what now?
40
Q He was going to restore or work on that old
2 building?
3 A Yes.
4 Q Okay.
5 A I knew he wasn't going to do anything.
5 Q Just yes or no. Thank you.
~ A Okay.
$ Q And just at the end here you said that your
9 father told you, I would move down there if I had the land,
10 and -- isn't that correct? That is what you said that he
11 told you?
12 A Yes.
13 Q And then you would re 1
p y, well
you know
,
, you
14 gave me that land, Dad, right?
15 A Yes.
16 Q Okay. And eventually he would just drop the
17 subject after - -
18 A Yeah, he would go ranting about something
19 else --
20 THE COURT: Wait. Two people are talking at
21 once. You have to let him answer before going onto th
e next
22 question.
23 MR. MATEYA: I'm sorry, Your Honor.
24 THE COURT: That's all right. Go ahead.
25 BY MR. MATEYA:
41
4 And if I understood you correctl
y, it was
2 your dad, not you, that paid Connie Houston for that
3 property, right?
4 A Yes, sir.
5 4 And you claim that your father ave
g you that
6 property?
~ A Yes, sir.
8 4 That discussion that you had with your
9 father, when he gave you that property, am I correct that
10 you were the only one -- you and your father were the only
11 one that were in that discussion?
12 A Yes, sir.
13 Q And you said that he was suffering from some
14 kind of mental difficulty at that time, and when I say at
15 that time we're talking now about 2006?
16 A Yes, sir.
17 4 And you had said that -
- well, I believe you
18 said there was the incident when he talked to you about the
19 grandfather clock, and that was before that, that was in
20 2004; is that correct?
21 A Yes.
22 4 And that happened rior -
P - the grandfather
23 clock incident happened prior to the transfer of the
24 property. You testified earlier that you thought he was
25 having mental difficulties as early as the late 90s, maybe
42
early two thousands?
2 A Yes.
3 Q But you were still willing to take him to an
4 attorney in 2005 to draft a will that named you as the sole
5 beneficiary; is that correct?
6 A Yes.
~ Q Okay.
8 A And I told you the reason why.
9 Q That's fine. Just yes or no is fine for me.
10 And you were willing also, after the will in 2005, believing
11 your father was having mental difficulties
you were still
12 willing to accept the land from him as a gift; is that
13 correct?
14 A Yes.
15 Q Okay. And after 2000 -
- after that incident
16 with the property between you and your father, you said you
17 did not see him much in 2006. Do I understand you
18 correctly?
19 A I didn't see him -- he didn't come down --
20 I'm sorry. I still came up here every spring, every
21 summer...
22 Q I understand.
23 A I never changed my visiting process at all.
24 4 Sir, ou --
Y
25 A I mean --
43
THE COURT: You have got to let him finish
2 his answer.
3 MR. MATEYA: I'm sorry,
4 THE COURT: Go ahead.
5 THE WITNESS: I am just saying I never
6 changed the way I came up here and visited. He changed the
7 way he came down and visited. So I didn't see him as much.
8 BY MR. MATEYA:
9 Q And I believe you testified it was because he
10 was mad at you, right?
11 A I think it was more because he couldn't -- he
12 didn't want to leave the house. He was guarding his house
13 from Gisela. Because he even said, every time I leave home
14 she comes in and takes something.
15 Q And who did he say that to?
16 A He said that to me.
17 Q Okay. Oka _
y. And -
18 A He probably said it to everybody that he
19 talked to.
20 Q You claimed in your pleadings that Irma
21 Davenport limited contact that your father had with other
22 family members. How -- well, what can you show me that
23 shows me how she limited the contact with other family
24 members?
25 MR. FINCK: Your Honor, I object to the form
44
of the question. It is a compound question.
2 MR. MATEYA: I will be glad to break it in
3 two.
4 THE COURT: Okay.
5 BY MR. MATEYA:
6 4 In your pleading you stated that
7 Ms. Davenport limited contact with your family; isn't that
$ correct?
9 A He talked to her -
- yeah.
10
4 I'm sorry. Is it correct that that's in the
11 pleadings? You said that she was limiting contact
12 between --
13 A I believe she was, yes. I believe she was.
14 Q You can't give me any examples of how she was
15 doing that, can you?
16 A They would talk on the phone all the time.
17 You know, he was calling her or she was calling him several
18 times a week.
19 Q Were you around whenever she was talking with
20 him on the phone?
21 A Well, whenever I would be up for a visit,
22 yeah.
23 Q And that was how often each year?
24
A Like I say, you know, twice a year for a week
25 at a time, and then, you know, I would probably come up a
45
couple more times sometimes during the year for, you know,
2 just a day or so because all of my wife's people lives up
3 here.
4 Q In 2006 how many times did you hear Irma
5 Davenport on the phone with your father?
6 A I don't know. That one week
you know, that
7 I was up he talked to her probably twice.
8 4 Okay.
9 A But, of course, I didn't walk around with him
10 listening to his conversations on the phone so...
11 Q So the phone conversations are the only
12 things that you can point to that showed that she was
13 eliminating contact with her brothers and sisters; isn't
14 that right?
15 A Yeah.
16 Q You can't give me any examples of how Irma
17 Davenport handled your father's personal affairs, can you?
18 A No, I can't.
19 Q Okay. But you are aware that you pled that
20 in your pleadings; is that correct? That she was handling
21 -- assisting him in handlin his
g personal affairs?
22 A Well, she was looking after him.
23 Q But am I correct --
24 A (inaudible)
25 THE COURT: There's two people talking at
46
once. It is too hard on the stenographer. You will have to
2 let the witness finish his answer. Go ahead.
3 THE WITNESS: She was -
- she came up to look
4 after him when he had his pacemaker put in, and she got a
5 Power of Attorney and --
6 BY MR. MATEYA:
7
Q I'm sorry. I didn't understand.
8 A She had a Power of Attorney.
9 Q A Power of Attorney?
10 A Yeah.
11 Q You don't know of any actions that
12 Ms. Davenport took as your father's attorney-in-fact --
13 using a Power of Attorney though, do you?
14 A No, sir.
15 Q Would it surprise you to find out that
16 Ms. Davenport did not know that he had a pacemaker either
17 and was told by the coroner the same wa
y you were?
18 A Oh, she said she knew because at the time the
19 coroner told me he had a pacemaker, I said I didn't know
20 that, and she herself popped up and said, oh, I knew it.
21 Q Do you know when she learned that?
22 A No, sir.
23 Q Okay.
24 MR. MATEYA: I'm sorry, Your Honor. If you
25 could just give me one moment.
47
THE COURT: Sure.
2 MR. MATEYA: Thank you.
3 BY MR. MATEYA:
4 Q You don't know how many times Irma Davenport
5 visited your father in 2005 or 2006, do you?
6 A No sir. She visited him more regularly than
'
7 anybody else did.
8 Q Do you know how many times anybody visited
9 your father?
10 A No, sir.
11 Q Do you have some way --
12 A My father would tell me, you know, when I
13 talked to him, well, I talked to Irma
Irma
.
came up for a
14 few days, you know.
15 Q But you were aware that the - _
- f rom -
'
I
m
16 sorry. Strike that. I believe you said that your father --
17 pardon me. Just give me a second to find my scribbled
18 notes. You said, I couldn't hogtie my dad, right?
19 A Yes.
20 Q And I believe ou su
Y ggested that he was
21 somewhat of a strong-willed person; is that
correct?
22 A Yeah. I mean he was when I was a kid, yeah.
23 Q Okay.
24 A I respected my father. In other words, do
25 you have kids?
48
THE COURT: That's not an appropriate
2 question.
3 BY MR. MATEYA:
4 Q I understand our
Y question, but we are not
5 going to go there right now. You stated that after Gisela
6 left his behavior dropped off drastically; is that correct?
~ A True.
$ Q And you said specificall
y -- you said you saw
9 his eating habits were bad?
10 A True.
11 Q He was doing things that he shouldn't do?
12 A True.
13 Q That was all sometime in 2000 -
- sometime
14 after 2002, correct?
15 A Yes, sir.
16 Q Okay. Once again though it was okay with
17 you, am I correct, even though you saw this behavior, for
18 you to take your father to draft a will?
19 A I explained to you, sir, about that will.
20 The only reason I did that was I'm his only son. I figured
21 what the heck, if it is not going to harm anything, it will
22 give the man a little piece of mind, that he wouldn't have
23 to worry about what Gisela is going to get after he dies, I
24 did it as -- to give him a little piece of mind because I'm
25 thinking, hey, I'm his only son. You know, if something
49
happens to him I'm going to get whatever it is anyway so I
2 just did it to comfort him a little bit. That is the only
3 reason I did it.
4 4 So it was your thinking that you were going
5 to get whatever he had anyway; is that correct?
6 A Yes. I mean he wasn't married any longer.
7 He had no other kids. You know, it was just me and his two
$ grand-kids. That was it as far as closest family.
9 4 So that was your thinkin
g, is that you would
10 get whatever he had?
11 A Yeah. I really didn't dwell on it because I
12 was expecting the man to live to be as old as his mom, 90
13 some years old.
14 Q I understand. You mentioned a shotgun on the
15 kitchen table?
16 A Yes, sir.
17 4 At your father's house. You didn't see the
18 shotgun on the table, did you?
19 A Oh, yes I did. Many times. Many times.
20 4 Many times. Can you tell us exactly when you
21 saw the shotgun on the table?
22 A Oh, right after Gisela left he had a shotgun
23 laying on the table, and I said, Dad, what are you going to
24 do with that? He goes, oh, Gisela, when she comes in here
25 I'm going to take care of her. I said you're going to wind
50
up hurting somebody, and he even at one point said that he
2 was going to rig the shotgun up to the doorknob, you know,
3 so that when she comes in, you know, she would get shot. I
4 said, Dad, you're going to wind up shooting your own self.
5 I don't think that's a good idea.
6 Q Did you see the shot un ri
g gged up that way?
~ A Oh, no, no, no, but it was laying on the
8 kitchen table open with the shells in the barrel.
9 Q And when you saw that, and when you had that
10 discussion with him, it was just you and your father there,
11 correct?
12 A Oh, yes. Yes.
13 Q Okay.
14 A Because most of the time when we came u
p, you
15 know, my wife, she -- you know, she would go to her mom's
16 house and stuff and I would go to my dad's house and stay
17 all day.
18 Q And when you said that your father said to
19 you, that store's run down too far -- is that right, your
20 father said that to you?
21 A Yes.
22 Q And when you had a conversation with you and
23 your father, there was no one but you and your father
24 around, correct?
25 A That's it.
51
4 And then he said to you, son, I made a
2 mistake in buying this property, you might as well have it.
3 Am I getting that correct?
4 A Somewhat.
5 4 I'm paraphrasin
g.
Okay. And when he said
6 that to you there was nobody but you and your father
around;
~ is that correct?
8 A That's it. I had a video camera sitting on
9 the kitchen table. If I would have known all of thi
s was
10 going to be coming down I would have turned it on, but I
11 didn't see no point in doing it. I didn't think it
was
12 going to be coming to this.
13 Q You mentioned that the event in burning the
14 store down, it actually became an event that
eo
l
p
p
e came to
15 see; is that right?
16 A Yes.
17 4 Did you call your father and tell him about
18 it beforehand?
19 A No. I mean he didn't come down to watch it.
20 4 Your father didn't know about it before it
21 happened, did he?
22 A I really don't know. I mean because it
23 wasn't a secret. Everybody around knew about it.
24 4 Did your father live around there?
25 A No, sir. Well, he lived around here.
52
Q But he didn't live around where the fire --
2 A No, no .
3 Q -- burned down. Oka
y• Would you recognize
4 your father's handwriting if you saw it?
5 A His handwriting was like chicken scratch.
6 Q I understand.
~ A I might be able to. He didn't do a whole lot
8 of writing so...
9 MR. MATEYA: Oka
y. Your Honor, if I could
10 have just one second.
11 THE COURT: Okay.
12 BY MR. MATEYA:
13 Q If you would turn to what I have marked with
14 a little tab there as number 10.
15 MR. FINCK: Your Honor, I would like to make
16 an objection. This document was never provided to me during
17 the course of discovery in this matter.
18 MR. MATEYA: Your Honor --
19 THE COURT: Was it requested?
20 MR. FINCK: Yes. I requested all documents
21 intended to be entered -- intended to be entered at that
22 hearing for trial.
23 THE COURT: Well, I don't know that thi
i
s
s
24 being entered. It is just being used for a purpose other
25 than its admission, as far as I know.
53
MR. MATEYA: In fact, I wasn't -
- because of
2 the fact I'm not after the truth of the matter asserted in
3 the document, I'm after whether or not the witness sees this
4 and his reaction to what is in the document.
5 THE WITNESS: I don't know --
6 THE COURT: I don't know that his reaction is
7 admissible. Are you trying to refresh his recollection?
8 MR. MATEYA: No. This is something he's
9 seen.
10 THE COURT: I don't think you can ask for a
11 witness's reaction to something.
12 THE WITNESS: I'm not exactly sure what he
13 wants me to look at.
14 MR. MATEYA: Hold on a second.
15 THE WITNESS: I'm sorry.
16 MR. MATEYA: Your Honor, first, if this was
17 not provided, it was not ever held back intentionally, and I
18 am happy to give counsel time to review it because I by no
19 means meant to do anything --
20 THE COURT: What is the purpose of asking --
21 MR. MATEYA: Well --
22 THE COURT: Wait. What is the purpose of
23 asking him to look at something and give his reaction?
24 MR. MATEYA: Because one of the things, Your
25 Honor, that he has said is that his father -- his father was
54
not sharp mentally, in a variety different ways of saying
2 it, not sharp from 2000 and on, and that his father had been
3 involved in some type of a lottery scam, one of these things
4 we all get through the mail, and, in fact, this is a
5 document that was located on the final day of emptying his
6 house, you know, before it was sold, and it was -- it had
~ just fallen down in the cushion, and by chance the date on
8 it is September 26. We are going to show -- I can bring
9 this in through my own client later if you want me to.
10 THE COURT: Well, it is not really up to me
11 to tell you how to bring it in, but September 26 of what
12 year?
13 MR. MATEYA: 2008. The same day he died,
14 Your Honor.
15 THE COURT: The day he died?
16 MR. MATEYA: Yes. And, in fact, further
17 evidence will show that he had a habit of note -
- making
18 notes on different things that came in, and this was no
19 different than what he had done in other instances. And as
20 a matter of an offer of proof, if that is oka
y, what this --
21 MR. FINCK: I just want to lodge an objection
22 on the basis of relevance. It calls for speculation. My
23 client didn't author this document. It wasn't provided
24 during discovery, and all of a sudden my client's supposed
25 to make an opinion about what this document is. He doesn't
55
have a foundation for doing that, and this is well beyond
2 the scope of the direct examination as well.
3 MR. MATEYA: I think it is not beyond the
4 scope of the direct, Your Honor, inasmuch as he's commented
5 that his father was taken in a scam earlier and his father
6 was not mentally competent, some version of that in 2004,
~ 2005. Here we have something that happened in 2008, and it
8 was a -- just a correspondence. His father had notated it
9 was a scam. I have the original. This is just a copy.
10 THE COURT: This is correspondence to whom?
11 MR. MATEYA: To Mr. Evans, to the decedent.
12 THE COURT: To whom though? You say it is
13 correspondence --
14 MR. MATEYA: No, it is correspondence to
15 Mr. Evans from a company called Cash Transfer Security
16 Systems.
17 THE COURT: All right. I am going to sustain
18 the objection. You may be able to bring it out through some
19 other witness, but I don't think there's a foundation for it
20 at this point.
21 MR. MATEYA: Okay. I will take that back.
22 THE COURT: We will take a midmorning recess
23 and then resume in about 15 minutes.
24 MR. MATEYA: All right. Thank you, Your
25 Honor.
56
THE COURT:
Thank you.
2 (A recess was taken at 10:50 a.m.
and court
3 resumed at 11:13 a.m.)
4
AFTER RECESS
5 THE COURT: Please be seated.
6 MR. MATEYA:
Your Honor, I have just a few
7 more questions.
8 THE COURT: Sure. Go ahead.
9 MR. MATEYA: Thank
you.
10 CROSS EXAMINATION (CONTINUED)
11 BY MR. MATEYA:
12 4 Mr. Evans
you said that you thought your
13 father had Alzheimer's; is that right?
14 A Yes, sir.
15 Q Okay. But you no longer believe that, do
16 you?
17 A No, sir.
18 4 Okay.
19 THE COURT: You sa
y you do not believe it?
20 THE WITNESS: No, sir.
21 THE COURT: Okay.
22 BY MR. MATEYA:
23 4 At the 2006 family reunion I believe you said
24 you spoke to your father at that famil
y gathering; is that
25 right?
57
A Yes, sir.
2 Q And concernin the fire -
g - your counselor
3 asked you if you talked about the fire, and I believe you
4 said that you did not talk about it because it wouldn't have
5 mattered, that the damage was already done; is that right?
6 A Yes, sir. I mean the building was burned.
7 I mean there is really no reason to talk about it.
8 Q Okay. You hired a medical examiner to do an
9 autopsy on your father; isn't that right?
10 A Yes, sir.
11 Q Did you suspect foul play?
12 A No, I suspected he had Alzheimer's.
13 Q Okay. All right. And did you have to pay
14 for that autopsy?
15 A Yes, sir.
16 Q Can you tell me how much you paid for that?
17 MR. FINCK: Objection. This is beyond the
18 scope of direct examination.
19 THE COURT: Well, he did say he thought that
20 his father had Alzheimer's disease. As far as how much it
21 cost, I don't think that is --
22 MR. MATEYA: That's fine, Your Honor. I'll
23 withdraw that.
24 THE COURT: All right.
25 BY MR. MATEYA:
58
Q When your father was alive, let's say from
2 early 2000 up to the time of his death, you never paid for
3 any of his medical bills, did you?
4 A No, sir.
5 Q Okay. But you said you knew sometime in the
6 early 2000s that he had high cholesterol; isn't that right?
~ A Yes, sir.
8 Q Okay. And I believe you said you had to step
9 gingerly, I think is the word you used, when you talked to
10 your father about mental health; isn't that right?
11 A Yes, sir.
12 Q And you never had a caretaker come in to like
13 visit him, did you?
14 A No, sir.
15 MR. MATEYA: Okay. Your Honor, I have no
16 further questions.
17 THE COURT: Okay. Mr. Finck.
18 MR. FINCK: Thank you, Your Honor.
19 REDIRECT EXAMINATION
20 BY MR. FINCK:
21 Q Mr. Evans, was your father the type of person
22 who would want a caretaker in his home?
23 A No.
24 Q Why do you say that?
25 A He was one of these kind of people that he
59
wanted to be in charge, and this is my belief, that if he
2 had a person come take care of him or whatever, that he was
3 no longer in charge, you know. That is what I believe, you
4 know.
5 Q Okay.
6 A He wanted to be in control.
~ Q You indicated that he couldn't come down to
8 see the fire. What did you mean by that?
g A Well, I didn't call him and tell him that I
10 was going to burn -- I was burning the store down, and at
11 that time he wasn't coming down very often anyway because he
12 was afraid to leave the house.
13 Q Okay. You indicated in response to one of
14 Mr. Mateya's questions that you took him to the attorney in
15 August of 2005 to alleviate his mind regarding Gisela coming
16 and stealing from him. Did you think that she was actually
17 coming and s tealing from him?
lg A Oh, no, no. She wasn't doing anything like
19 that because some of the stuff that he was claiming she was
20 doing or tak ing, he had. I mean I knew he didn't have two
21 grandfather clocks.
22 Q So at that point you knew he was having
23 mental probl ems?
24 A Yes. Yes.
25 MR. MATEYA: Pardon me, Your Honor. Could I
60
just have that -- I didn't understand what you said. Could
2 you repeat prior to that? I just didn't understand what you
3 said. You said he changed -- I'm sorry. I just didn't
4 catch it.
5 THE COURT: We will ask the stenographer to
6 read it back for you. Do you want to step forward and you
7 can ask her to read it to you?
g (The court reporter read back the referred-to
9 portion.)
10 BY MR. FINCK:
11 Q So at the point when you took him to the
12 attorney in August of 2005, you knew he was having problems
13 at that point?
14 A Yes, sir. Yes.
15 Q You talked a little bit in response to one of
16 Mr. Mateya's questions about your inability to quote hogtie
17 him and make him do anything physically. What was your plan
18 for getting him to come to Virginia though?
19 A Well, when he first bought the land he was
20 talking about coming down and clearing it off because the
21 field had grooved up, you know, trees as big as your wrist,
22 and he was going to clear the field off and clean up around
23 the store and stuff like that, and every time I talked to
24 him it was I'm coming down there, you know, to clean the
25 place up.
61
Well, this went on for about a year, you
2 know, I finally -- you know, I said, Dad, do you want me to
3 clean it up for you? You know, I can get it cleaned off,
4 and he goes, yeah, go ahead and clean it off, and I will pay
5 you for whatever it costs because I wanted to get the place
6 cleaned off so he would see a little progress, you know, go
7 around the store and stuff like that, maybe even put a
8 little bit of a fire under him to hurry up and move down.
9 You know, that was the main reason I wanted to get the place
10 cleaned off.
11 Q So you indicated in response to one of
12 Mr. Mateya's questions that in your mind you knew he wasn't
13 actually going to restore the store -- the store property --
14 the store itself, correct?
15 A No. You know, at his age, you know, seventy
16 some years old, as bad as the store was, he might have
17 thought so in his mind, but after looking at the store the
18 last time, you know, I mean he realized, you know -- I think
19 it was a dream of his, and that's all it was. He wasn't
20 going to fix that store.
21 Q Did you think there was any harm in him
22 coming down there and working on the store?
23 A No, not the all. I mean it was something to
24 keep him busy. Something he enjoyed doing. He liked, you
25 know, doing carpentry work and stuff. He's built a couple
62
houses. He knows carpentry work, you know. If that is what
2 he wanted to do, you know, I would have been willing to help
3 him.
4 Q And were you encouraging this?
5 A Oh, yes. Yes. I mean I wasn't encouraging
6 him on fixing up the store because I knew that was a lost
7 cause, but I was, you know, doing all I could because every
8 time I talked to him I said, Dad, you know, you have got two
9 grand-kids. You need to come on down here, you know, be
10 with your family, and he'd go, yeah, yeah, I'm going to get
11 down there.
12 And in the beginning it was the divorce, you
13 know. I'm going to come down there after the divorce is
14 final. And then after the divorce was final then he goes,
15 well, I'm coming. I'll be down there in the spring. And
16 that's why I went ahead and suggested on cleaning the land
17 up, cleaning up around the store, hoping that he would, you
18 know, see some progress and maybe, you know, get him on down
19 there as quick as I could.
20 Q And again, the store property in relation to
21 your property, it is right there?
22 A Oh, they connect together, yes.
23 Q So you would have been able to keep an eye on
24 him had he come down?
25 A Oh, yes.
63
Q And was that your plan?
2 A Yes, sir. Because like I said, he had
3 already been in the lottery scam, and he was always talking
4 about how people were stealing from him and --
5 Q Was it just Gisela or was it other people as
6 well?
7 A In the last year of his life it was pretty
8 much everybody. Anybody that came in contact with him was
9 stealing something. You know, they would borrow something
10 and not bring it back, you know.
11 Q Did he ever accuse Irma of trying to steal
12 from him?
13 A Irma was -- he said Irma was always after him
14 about his -- he owned two dump trucks. He had a bunch of
15 cars and trailers to haul cars, an old farm tractor and all
16 the equipment and all, and I actually witnessed -- you know,
17 they would ask him -- you know, they wanted to get one of
18 his dump trucks because her husband said, let me borrow it
19 and take it back home and use it. And the same with the
20 tractors. The tractors have been in the garage for about
21 five years, let me borrow it. Every time, you know, I
22 thought, you know, I saw them they would say, you know, I
23 want to borrow the tractor -- you know, they wanted to take
24 these items back to Virginia and use them, you know.
25 Q Irma and Bernard did?
64
A Yes.
2 Q And your father talked to you about that?
3 A Oh, yes.
4 Q Did that concern him?
5 A Well, he basically said at times -- that
6 pretty much was a subject that would come up a lot.
7 Q Aside from Irma and Bernard, who else did he
8 think was trying to take things from him? Was there anyone
9 in particular?
10 A Well, he had a neighbor that used to help him
11 work on stuff. I can't recall his name. But pretty much
12 anybody that came around there was stealing something or
13 wanted something and not returning it.
14 THE COURT: Would you remind me again of who
15 Bernard is?
16 THE WITNESS: That is Irma's husband.
1~ THE COURT: I see. Okay. Thank you.
18 BY MR. FINCK:
19 Q Now, Mr. Evans, Mr. Mateya asked you a couple
20 questions about what Irma was doing to prevent you from
21 contact with your father, and I believe in your direct
22 examination you indicated that you thought she was
23 brainwashing him or that Bernard was brainwashing him. Can
24 you explain to the Court why you had that belief?
25 A Well, you could pretty much lead my father
65
into certain areas of conversation. Like, you know,
2 occasionally he would bring up, you know, like the comment,
3 you know, that he would be moving down there if I hadn't
4 took the land, and I would go, come on, Dad, I didn't take
5 the land from you, and we would go onto another subject, you
6 know what I mean? You could kind of lead him into different
7 conversations. You know, he would be ranting and raving
8 about something. He would be ranting and raving about
9 Gisela, and you could talk to him and you could kind of lead
10 him into other areas.
11 Q And did the fact that they were spending more
12 time with him, did that concern you?
13 A After the store got burned, yes.
14 Q Why is that?
15 A Because my dad said that she had borrowed
16 money from him, and they were always asking him about
17 wanting the truck and wanting the tractor, the trailer, and
18 that concerned him because Irma has always been kind of
19 interested in my dad's finances.
20 Q Okay. You indicated in response to one of
21 Mr. Mateya's questions that his visits to Virginia -- your
22 father's visits to Virginia decreased after approximately
23 2005, 2006. Did you still talk with him regularly on the
24 phone?
25 A Yes.
66
Q What were phone conversations with him like?
2 A The conversations weren't as long because it
3 was pretty much the same conversation. He would be talking
4 about, you know, Gisela and what he had to give her and
5 stuff, you know, so I would try to lead him into, you know,
6 how's -- you know, are you doing anything? Like I said, it
7 was a pretty short conversation because he wasn't doing
8 much. You know, I would tell him -- I would give him the
9 news on, you know, my kids, his grand-kids, and I would try
10 to stay in contact with him. I would call him, you know,
11 once a month, twice a month, but the conversations weren't
12 real long because you couldn't really talk to him because he
13 was like a broken record, you know. He just kept repeating
14 stuff .
15 Q Did you think he had obsession about this
16 divorce?
17 A Oh, definitely. I mean he was -- in the
18 beginning he was just absorbed by it. I mean everything --
19 that is all that he talked about, just repeating it over and
20 over and over.
21 Q Did he ever become confused during these
22 telephone conversations?
23 A He was confused all the time. I mean he was
24 -- you could talk -- he could hold it together for about ten
25 minutes or so. I used to think the man was messing with me
67
because he would come down and visit or when I would come
2 visit, somebody would come to the door, and he would talk to
3 them for about ten minutes, and then he would be clear as a
4 bell. And prior to that he would be talking all kinds of
5 off-the-wall stuff.
6 And then when the company would leave, after
7 about ten minutes, or if they stayed longer than 10 or 15
8 minutes he would get up and actually leave and just go, and
9 I really think the man knew there was something wrong with
10 him, and after -- I did some research on Alzheimer's and
11 dementia and stuff like that, and they can actually hold it
12 together for 10 minutes or so and talk clearly and after
13 that they fall apart, you know.
14 Q You indicated that prior to your father's
15 death you believed that he had Alzheimer's, correct?
16 A Yes, sir.
17 Q And in response to one of Mr. Mateya's
18 questions Mr. Mateya asked you whether or not you believed
19 that now?
20 A No.
21 Q Why don't you believe it now, but you did
22 before?
23 A Because I found out that in the autopsy he
24 had progressive dementia.
25 Q Okay. So you found out subsequent to his
68
death that it was not Alzheimer's?
2 A Yes, sir.
3 Q Okay. And again, with respect to the
4 pacemaker, do you recall what exactly Irma told you when she
5 was at the decedent's house and the coroner asked you about
6 the pacemaker?
7 A It would be a little hard to say exactly, but
8 when I told - - when the coroner told me about it, I told him
9 I didn't know about it, and Irma was standing there with us
10 and she said, oh, I knew about it, and I think she mentioned
11 that she had come up and looked after him while he had it
12 put in.
13 Q Okay. Did she come up with you when you came
14 up when your father passed away?
15 A No, sir.
16 Q Was she already here?
17 A She came up sometime during the night that
18 Friday night.
19 MR. FINCK: Okay. Nothing further, Your
20 Honor.
21 THE COURT: Mr. Mateya.
22 MR. MATEYA: Thank you, Your Honor.
23 RECROSS EXAMINATION
24 BY MR. MATEYA:
25 Q You mentioned that you found out that your
69
father had progressive dementia; is that right?
2 A Yes, sir.
3 Q Was that a diagnosis that was given to you?
4 A That's what the guy that did the autopsy told
5 me. He had a whole bunch of other big long scientific words
6 that I didn't understand, but I did understand progressive
7 dementia.
8 Q And so it is your opinion that that was
9 actually what he told you, not what you told them as a part
10 of the background; is that right?
11 A I don't understand.
12 Q I want to make sure that I am understood.
13 A I didn't quite hear you.
14 Q It's your understanding then that the
15 diagnosis was from the medical examiner to you that he had
16 progressive dementia and not that it was you or somebody
17 from your family that told him in giving him a clinical
18 background that he had progressive dementia?
19 A The guy that did the autopsy told me -- he
20 said I have got good news for you. It wasn't Alzheimer's.
21 He had progressive dementia.
22 Q Why would that be good news?
23 A Well, he told me -- you know, that's what I
24 said. Why -- he said, well, a lot of families, when they
25 address autopsies, are concerned about Alzheimer's because
70
that's something that is hereditary. You know, it's in your
2 family background. So say my father had Alzheimer's, it
3 might be a good chance that I would get it also.
4 Q I understand.
5 A And I think that is why he said that.
6 Q Okay. And do I understand correctly that
7 what you said earlier here with your counsel -- that you
8 said his discussion about the property and about the store,
9 that that went on for nearly a year?
10 A Yes, sir.
11 Q Okay. And when you were talking about his
12 concern for Gisela or maybe others stealing, and I just want
13 to make sure that I am clear, you said that was -- that got
14 to be much more so at the end of the last year of his life?
15 A Yes, sir.
16 Q Okay. When you took him to have a will done
17 in 2005, did he have that same type of concern about people
18 stealing?
19 A It was -- no, it was more of a Gisela thing.
20 That was his -- probably 99 percent of his concern was
21 Gisela getting more of his stuff.
22 Q Because of the divorce?
23 A Yes.
24 Q Okay. And you mentioned that Irma and her
25 husband borrowed money. How much money do you know was
71
borrowed?
2 A I believe it was $2,000 I know at one point
3 they borrowed from him. I think it was because their son
4 needed some money for some legal fees or something like
5 that, I believe it was.
6 Q Do you know when that was?
7 A Like I said, I am real bad on years and
8 dates. I am guessing 2002, something like that.
9 Q And to the best of your knowledge was that
10 repaid?
11 A I have no idea.
12 Q You don't know one way or the other?
13 A No, sir.
14 Q Okay. And do you know how much time Irma was
15 spending with your father in those last few years?
16 A No, sir.
17 Q Do you know how much time she was spending
18 with your father in 2006?
19 A No, sir. She would come up, you know, and
20 visit, you know, sometimes for a couple days at a time, but
21 how often, you know --
22 Q And how do you know she would come up and
23 visit?
24 A My father would tell me.
25 Q Did you see her up here?
72
A No, sir.
2 Q You said that your father -- at the end he
3 was confused all the time, and that all the time when
4 company would come he would be okay for, you know, maybe ten
5 minutes, and then he wasn't good after that, and you said
6 you actually saw it where he would leave after ten minutes.
7 How many times did you see that happen?
8 A Every time, you know, he got around people.
9 I would come up and visit. We would go somewhere, and if
10 there was somebody he knew, he would talk with them for a
11 few minutes, and I would notice that he would go off for a
12 walk. He came down and visited one time, and I own a
13 garage, and he enjoyed cars and talking with the customers
14 and stuff like that, and he would come in and talk with the
15 customers, and after about ten minutes or so he would come
16 to me and say, look, you're real busy, I'm going to go and
17 do some visiting other places. He used to never do that,
18 you know. He just couldn't hold it together because I would
19 -- like I said, I used to think the man was just messing
20 with my head because he would be talking all kinds of weird
21 stuff, and somebody would come up and he would talk to them
22 and he would be as clear as a bell, and then when they would
23 leave he would go back to doing -- acting weird again. I
24 always thought he was kind of messing with me in the
25 beginning.
73
Q So at the end he could be clear for a little
2 bit of the time. And going back to -- that was 2008. Going
3 back to 1990, you didn't see that type of behavior?
4 A Oh, no .
5 Q And so you think that got worse over time; is
6 that right?
7 A Yes, sir.
8 Q You didn't see that type of behavior in 2005,
9 or 2006?
10 A What do you mean?
11 Q Where he could only hold it together for ten
12 minutes at a time?
13 A It wasn't as bad. You know, it wasn't as
14 bad.
15 MR. MATEYA: I don't have any other
16 questions, Yo ur Honor.
17 THE COURT: You said in 2005 and 2006 you
18 would not see that? You did not see that?
19 MR. MATEYA: That was my question, and he
20 said it wasn' t as bad.
21 THE COURT: Okay. Mr. Finck.
22 REDIRECT EXAMINATION
23 BY MR. FINCK:
24 Q But you did see it in 2005, 2006. You said
25 it got progressively worse?
74
A It got worse as time went on. I mean, you
2 know, everybody could see that each time he visited he was a
3 little worse.
4 Q And you also indicated that you did some
5 research on Alzheimer's. Did you do that before or after
6 his death?
7 A Before.
8 Q Before?
9 A Before.
10 Q And that alleviated your concerns?
11 A I was more concerned because I thought it was
12 Alzheimer's -- well, my wife's family and I did a little
13 research on it to know if it was any kind of medication to
14 cure or something that could be done, you know, so I could
15 understand. You know, it would also help me understand how
16 he was acting because, you know, he would constantly repeat
17 stuff. I mean he would tell you the same thing over, and
18 thirty seconds later he would tell you the same thing again.
19 And after a while you get a little irritated,
20 you know, come on, Dad. You done told me this five times.
21 But after I did, you know, a little research on it -- when
22 you understand a sickness you don't get irritated as bad
23 with the people that you talk to, you know, because you
24 understand that they can't help it.
25 Q What was your purpose in having the autopsy
75
done?
2 A To find out if he had Alzheimer's because
3 when I walked in the house after his death, Irma made the
4 comment, I'm in charge. I talked to the funeral home. I
5 called the funeral home to see what I needed to do. They
6 told me to get, you know, clothes, his suits and stuff like
7 that. So I went in his bedroom and I was going through his
8 drawers to try to find, you know, the different items that I
9 needed to find, and she come in the bedroom, you know,
10 nothing leaves this house. Nothing leaves this house. And
11 I said, I'm looking for clothes to bury my father in. So I
12 would suggest you get out of my face.
13 Q why did that lead you to -- why did that lead
14 you to request the autopsy?
15 A Because she, you know, said that everything
16 was hers. You know, my father had willed her everything,
17 and I knew then that I was going to have to be coming to
18 court.
19 Q So prior to that, when Irma told you after he
20 -- after your father died, you didn't know that he had
21 created the 2006 will; is that correct?
22 A I'm sorry?
23 Q Prior to Irma telling you, after your father
24 passed away, you didn't know that he had created a second
25 will; is that correct?
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A I heard about it, but, you know -- yeah, I
2 knew about it.
3 Q How did --
4 A Well, I heard. You know, my aunt said stuff
5 like that, you know, said your dad said he was going to
6 change the will. I didn't know if he actually really done
7 it or not.
8 Q You've never seen a copy of the 2006 --
9 A No.
10 THE COURT: Wait. You need to let the
11 attorney finish the question. Start the question again.
12 You started off you had never seen.
13 BY MR. MATEYA:
14 Q You had never seen the 2006 will; is that
15 correct?
16 A No, sir.
17 Q You just had heard about it from other family
18 members?
19 A Yes, sir.
20 Q Or the possibility that it may exist from
21 other family?
22 A Yes, sir.
23 MR. FINCK: Okay. Nothing further.
24 THE COURT: Mr. Mateya.
25 RECROSS EXAMINATION
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BY MR. MATEYA:
2 Q You said family members said to you that your
3 dad was going to change the will, but you still didn't talk
4 to your father about that; is that right?
5 A No.
6 Q Okay. And you said that you knew you were
7 going to have to go to court?
8 A Yes.
g Q Why is that?
10 A Because Irma -- she said I have got a will
11 that wills me everything.
12 Q Do you think it was possible that your father
13 could have changed his will, and it would have been his own
14 idea?
15 A No.
16 MR. MATEYA: Okay. Nothing further, Your
17 Honor.
lg MR. FINCK: Nothing further, Your Honor.
19 THE COURT: You may step down. Thank you.
20 THE WITNESS: Thank you.
21 THE COURT: Mr. Finck.
22 MR. FINCK: Your Honor, I am going to call
23 Marie Johnstin to the stand.
24 THE COURT: Okay.
25
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Whereupon,
2 MARIE E. JOHNSTIN
3 having been duly sworn, testified as follows:
4 DIRECT EXAMINATION
5 BY MR. FINCK:
6 Q Ms. Johnstin, could you state your full name
7 and address for the record, please?
8 A Marie E. Johnstin.
9 Q And how do you spell Johnstin?
10 A J-o-h-n-s-t-i-n.
11 Q Okay. And how are you related to the
12 decedent, William Irving Evans?
13 A I am his sister.
14 Q Okay. And how would you describe your
15 relationship with your brother?
16 A Well, we were very close when we were growing
17 up, but as we all got older and he moved to Pennsylvania, we
18 didn't get to see him a lot because he had full-time jobs.
19 He was a truc k driver. But I did visit him in 2001.
20 Q Okay. And was that the last time you visited
21 him at his ho use?
22 A At his house, yes.
23 Q Can you describe to the Judge what you saw
24 the decedent doing during that visit?
25 MR. MATEYA: Your Honor, I am going to object
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to this only because I don't believe it is relevant at all
2 with the question at hand in front of us. I've been trying
3 to be very patient, but we're in 2001 and I can't see what
4 this has to do with a will written in '05 and '06?
5 THE COURT: Mr. Finck.
6 MR. FINCK: Your Honor, one of the things
7 that has been alleged during this proceeding is that the
8 decedent started to have problems in the late 90s and early
9 two thousands and it progressively got worse, and I think
10 for you to understand what people were seeing -- when the
11 problem started and what they saw from that point forward,
12 that they progressively saw it getting worse, I believe to
13 be relevant to the question that you are going to have to
14 determine, which is what was the decedent's state of mind in
15 2006.
16 THE COURT: You may ask the question.
1~ MR. FINCK: Thank you.
18 BY MR. FINCK:
19 Q Ms. Johnstin, can you tell the Court what you
20 observed of your brother during your visit in 2001?
21 A Well, when we got there he acted very strange
22 because he said his wife had cancer because she had been to
23 rehab, and he made the comment that it was nothing wrong
24 with her. So, you know, we talked there for a while and we
25 ate lunch, and then he wanted us to go out to see his garden
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and his tractors and his trucks, which we did.
2 And we got out there and he says, well, this
3 year we have only got a small garden because Gisela is not
4 able to can and freeze like she used to because she is sick
5 and she can't stand the sun. So that is when it really took
6 my attention that he had said there was nothing wrong with
7 her, yet he turned around and said she wasn't able.
g Q Did you think it was strange that he didn't
9 think there was something wrong with his wife?
10 A Did I think it was strange? Yes. Yes,
11 because I noticed that he wasn't all there at the same time.
12 Q Was the visit in 2001, was that the first
13 time you noticed it or had it been before?
14 A That is the first time that I really paid
15 that much attention to it, but it really struck me at that
16 moment.
1~ Q Okay. How about after that? How would you
18 describe his behavior in 2002, 2003? Did you see him on a
19 regular -- how would you describe his behavior in those
20 years?
21 A Well, his emotions -- he didn't act like his
22 self because he was kind of like, I'm not really all here
23 today, and a couple hours later he might be all right, and
24 we could tell that his health was failing.
25 Q Okay. Was it something that the family
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discussed with one another?
A We discussed when my sister passed away that
he was unable t o come from Pennsylvania to South Hill
without getting lost.
Q When did your sister pass away?
A It was in '06, '07.
Q Okay.
A '06, I think it was.
Q Okay. And you said that your brother was
unable to find the --
A To find his way to South Hill.
Q Okay.
A And then when my mother passed away is when
we really notic ed it.
Q Why is that?
A Which was three months later. He could not
find his way to South Hill that time either.
Q Okay. Did that cause you concern?
A Yes. We was all concerned that he wasn't his
self.
THE COURT: Would you refresh my memory, was
he divorced from your mother?
THE WITNESS: Was he what?
THE COURT: Was he divorced from your mother?
THE WITNESS: My mother was -- that was her
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son. My mother --
2 THE COURT: I'm sorry. Was he divorced from
3 his first wife?
4 THE WITNESS: His first wife. He had been
5 divorced from her 50 years from his first wife.
6 THE COURT: And that was your mother?
7 THE WITNESS: No, no. I am William's
8 sister. We were siblings.
9 THE COURT: Yes.
10 THE WITNESS: And my sister, which is the
11 oldest si ster, she's the one who was in the automobile
12 accident, and he had to come to South Hill to the funeral,
13 and then three months later my mother passed away.
14 THE COURT: I see. His mother and your
15 mother.
16 THE WITNESS: Yes. His mother and my mother.
17 Yes, sir.
18 BY MR. FI NCK:
19 Q Okay. So just to clarify, Gisela -- what
20 number wi fe wa s Gisela?
21 A Gisela was number three.
22 Q That was his third wife?
23 A That was his third wife.
24 Q Okay. And you know that they were divorced,
25 correct?
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A They divorced shortly
because she had made the statement t]
much longer that she could live with
know, treating her very bad, and the
chemo he would not carry her because
with her.
after we were up there
zat she didn't know how
him because he was, you
day she had to have
there was nothing wrong
Q Okay.
A And I know that because I was at the house
when the comm ent was made.
Q So the first time when you noticed there was
something wro ng with your brother's mental health, at that
point he had not yet been divorced; is that correct?
A He had not been divorced.
Q He was still living with his wife?
A He was still living with her in 2001.
Q Okay. And then you indicated --
THE COURT: What happened to his first wife?
THE WITNESS: His first wife is Danny's
actual mother, Danny's true mother. They divorced, and my
mother, which is his grandmother, took the two little boys
and kept them and raised them -- pretty much raised them
until he got back the second time. He divorced that one,
and then he was at my mother's again, and I think, if I am
not mistaken, Danny, you were living with grandmother when
the accident right? He was living with his grandmother when
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he had the accident. And then he moved with his father up
2 into Pennsylvania. He went to school.
3 THE COURT: Okay. So there are three
4 divorces?
5 THE WITNESS: He's had three, yes.
6 THE COURT: Okay. And never remarried?
~ THE WITNESS: He never remarried because his
8 health was so bad when Gisela left nobody would have ever
9 married him.
10 THE COURT: And you said she had cancer. Did
11 she survive then?
12 THE WITNESS: Yes. Yes, she's still living.
13 THE COURT: Still living. Okay. Go ahead.
14 THE WITNESS: But she had chemo and all, but
15 she had a real hard time there at first. She had breast
16 cancer.
17 THE COURT: Oh, I see.
18 BY MR. FINCK:
19 Q After Gisela left him, and after the divorce
20 was finalized in 2005, did you ever -- did you ever speak
21 with your brother on the phone, your brother Irving?
22 A Yes.
23 Q Okay. Can you tell the Court what
24 conversations on the phone with him were like?
25 A Some of the times -- he was always telling us
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what he had, how much money he had, and that Gisela had took
2 half of his money and all of his stuff, and I made the
3 comment that he should not be broadcasting his personal
4 business to nobody. I didn't want to know his business, and
5 he said, well, I'm -- I just am upset.
6 I said, well, you need to go to your son and
7 you all get help. And he said well, I'm going to move down
8 there. And that is the comment that he made, and then he
9 hung up. And then the next couple days he called me back
10 and he said, I thought I would call you because I hadn't
11 talked to you in a little while, and I said, no, you talked
12 to me several days ago. He said, okay. All right. Bye.
13 Q Did you think that was strange?
14 A That was very, very strange.
15 Q So you had a previous conversation with him
16 earlier that week and then he didn't remember it?
17 A He did not remember it. That is true.
18 THE COURT: When was that?
19 THE WITNESS: That was back I would say maybe
20 in -- the year that Gisela left him. I can't remember when
21 that happened. The year that Gisela divorced him.
22 THE COURT: Well, if you are not sure that is
23 fine. Go ahead, Mr. Finck.
24 MR. FINCK: Thank you.
25 BY MR. FINCK:
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Q Did you see him at family reunions from 2005
2 to 2006? Did you ever see him?
3 A No. He did not come to the Barnett reunion,
4 which that is on my mother's side, and it is always the
5 first weekend after Labor Day.
6 Q Did you think it was strange that he wasn't
7 there?
8 A And the reason he wasn't there, he got lost
9 and went back home, and he called my brother and told him
10 why he was not there.
11 THE COURT: And what year was that?
12 THE WITNESS: I would say maybe four years
13 ago, something like that.
14 THE COURT: Okay.
15 BY MR. FINCK:
16 Q So 2007 or around that time?
17 A Yes, '06 or '07. Around '06 or '07.
18 Q Okay. Do you recall if that was before or
19 after your sister died?
20 A That was before my sister died.
21 Q Okay. Do you recall what time of the year
22 your sister died?
23 A She died in October.
24 Q Of 2006?
25 A 2006.
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Q Okay.
A My mother died three months later in 2007,
and he died in September of 2007.
Q Okay.
THE COURT: When you say he you mean your
brother?
THE WITNESS: Yes.
THE COURT: You think he died in 2007; is
that right?
MR. FINCK: No, Your Honor. He actually died
in September of 2008.
THE WITNESS: 2008. Okay. It was -- all
right. Okay. You are right. Twenty-one months after my
mother died he died.
BY MR. FINCK:
Q Okay.
A Twenty-one months. It was '08. That is
correct, '08.
Q Okay. Now, how would you describe your
relationship with Irma Davenport?
A Well, we had a lot of disagreements when my
mother passed away and we haven't had any relationship since
then except with the ring deal, and that is all water over
the dam.
Q I'm sorry. Except with the what?
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A When my mother died we all -- she had a lot
of issues about putting it in the paper and different things
that went on, and then when we set up my mother's rings, I
did not get my ring back that was mine because it was told
that my mother gave it to her daughter.
Q Okay. So prior to your mother's death in
January of 2007, did you and your sister Irma get along
okay?
A No, sir, we have not.
Q No. I mean prior to your mother's death?
A Prior to that, yes. Yes, we were.
Q Until you had the dispute about the rings
when your mother died?
A Yes.
Q Okay. And were you aware -- did your brother
ever talk to you about your name being in his will?
A No, because my brother did not even know what
my last name was since I was married. I was married for 18
years, and I don't know whether he spelled my last name
correctly or not, but he couldn't remember my last name
because it's a very hard name and nobody can spell it
correctly.
his will?
Q Did he ever tell you that he had put you in
A No, sir. No, sir.
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Q And why do you think he didn't know how to
spell your last name?
A Because it's a very hard name. A lot of
people spell it J-o-h-n-s-o-n, but it is not spelled like
that, it is J-o-h-n-s-t-i-n.
Q Okay.
A And I don't think he would even know my
address either because he would know me as my address where
I moved from, where I had been living. Where I am now, he
wouldn't know my address.
Q Why do you say he wouldn't know?
A Because he never sent me a card in the mail.
Q Okay. Did he know where you lived?
A He had never been in my house since I moved
to town, no.
Q Okay. When did you move to town?
A I moved in 2002.
Q Okay. But during that time period, even
though he never came to your house, you did have telephone
conversations with him?
A I had telephone conversations. Yes, sir.
MR. FINCK: Okay. Nothing further, Your
Honor.
THE COURT: Okay. Mr. Mateya.
MR. MATEYA: If I may have just a moment,
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Your Honor.
2 THE COURT: Certainly.
3 MR. FINCK: Actually, Your Honor, if I may
4 have your indulgence, I do have one more question.
5 THE COURT: Go ahead.
6 BY MR. FINCK:
7 Q I want to show you a document, Ms. Johnstin.
8 I will ask th at it be marked as Petitioner's Exhibit No. 4.
9 (Petitioner's Exhibit No. 4 was marked for
10 identificatio n.)
11 BY MR. FINCK:
12 Q Ms. Johnstin, I am going to ask you to turn
13 to the second page of this document. Ms. Johnstin, do you
14 recognize the handwriting on that document?
15 A No.
16 Q Does it appear to be your brother's
17 handwriting?
18 A No, that is not his handwriting.
19 Q why do you say that?
20 A Because he didn't -- he didn't write like
21 that. It was more or less a scribble. No, this is not his
22 handwriting. No.
23 Q Even though you didn't receive cards from
24 him, are you familiar with his handwriting?
25 A Yes, I am familiar with his handwriting. I
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could go back and look years back, and I can probably find
something wit h his handwriting on it because I saved a lot
of cards and things back over the years, but this is not his
handwriting, no, sir.
Q Okay.
A And I noticed here he did spell my name
correctly and my address correctly.
Q Okay. But you're saying you didn't -- he
wouldn't know -- he didn't know where that address was?
A No.
Q And this is not in his handwriting?
A No, sir, it is not.
Q And could you describe for the Judge what his
handwriting l ooked like?
A It was I guess scribble because he only went
through to th e 6th grade, and he just kind of scribbled
like. Someti mes you could barely read it. That is not his
handwriting, no, sir.
Q And, Ms. Johnstin, his son indicated that --
he called it chicken scratch. Would you agree with that
statement?
A That is exactly right because -- that is
true.
Q Okay.
A This is not his handwriting, no, sir.
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4 BY MR. MATEYA:
MR. FINCK: Nothing further.
THE COURT: Mr. Mateya.
CROSS EXAMINATION
5 Q To begin with, Ms. Johnstin -- and I don't
6 mean this to be offensive, but you are not a handwriting
7 expert; is that correct?
8 A Me a handwriting expert?
9 Q Yes.
10 A No, I'm not an expert.
11 Q So you are basing this just on having seen
12 his handwriting ?
13 A Pardon?
14 Q You're basing the opinion that that is not --
15 A Well, I know this is not his handwriting. I
16 know that becau se I have seen his handwriting enough to know
17 this is not his handwriting. No, sir.
18 Q And he passed in '08. Did you receive
19 anything in his handwriting in 2008? Did you receive
20 anything from h im?
21 A In 2008?
22 Q Yes.
23 A No.
24 Q How about 2006?
25 A No.
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Q 2005?
A I do not recall.
Q To save the Court's time, how far back do I
have to go before you --
A I would say maybe back in 2001, 2002, but
nothing in the recent past years.
Q You haven't seen -- you didn't see Mr. Evans
on a regular basis in 2005, did you?
A No, because he didn't come home that often.
Q And you didn't see him on a regular basis in
2006, did you?
A No, not regularly.
Q Okay.
A I talked to him on the phone, but not
actually visiting with him.
Q In 2001 when you did visit him --
A Yes, sir, I sure did.
Q When you did, you were there for just a
little under 2 hours for that one visit; isn't that right?
A No, no, no. No, no. I was there longer than
two hours. No, sir. I was there longer than two hours
because we had a snack with him. We had lunch with him.
And we walked over his land to see his garden, to see his
trucks and his vehicles. I was there longer than two hours.
Q Did it all last inside of one day?
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A Yes, it was one day.
Q That's fine.
A Because we were on vacation and we had
reservations and we were moving on up the road.
Q I see. Okay. You don't have any firsthand
knowledge of how often Irma Davenport and Bill visited with
each other in 2004 through 2006?
A I have no idea, sir.
Q No idea?
A No, sir.
Q Okay. You don't know of anything that Irma
Davenport did to influence Bill Evans, do you?
A Not really because I didn't see her that
often.
Q Okay. And --
A I do know that she did --
Q That's okay.
THE COURT: She can answer the question if
she has something to add to it.
THE WITNESS: Yes, sir. I did know that she
visited him very often because he would tell us on the
telephone that she did visit him real often.
BY MR. FINCK:
Q And how many of those visits did you know
about firsthand?
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A I really don't recall.
2 Q Is it that you don't recall, that you did
3 know at one time, or you just don't know?
4 A I do not know because he would just tell her
5 -- he would just make the comment that she had been to see
6 him.
7 Q Thank you. You made the comment earlier that
8 in his conversations with you, you said he would broadcast
9 how much he had, and that he would broadcast his personal
10 business -- I believe you said to whomever he was speaking
11 to; is that correct?
12 A Oh, yes. I mean he didn't care -- if you
13 would walk in he might tell you how much he had. That was
14 his business. That wasn't mine.
15 Q Okay. But you didn't see him except for
16 those few times that you mentioned; is that correct?
17 A No.
18 Q You didn't see -- forgive me. I don't mean
19 that to be confusing. Just putting those two pieces of
20 information together, you didn't see him in 2005 or 2006,
21 except for the once or twice that you mentioned?
22 A That's right.
23 Q Okay.
24 THE COURT: I need to interrupt at this point
25 for a recess for lunch. In April of 2006, when Mr. Evans
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wrote this latest will or executed it, how many siblings of
his were living? There was you?
THE WITNESS: It was all of us.
THE COURT: Who is that?
THE WITNESS: All of his siblings was living.
THE COURT: Would you just name them, please?
THE WITNESS: The names?
THE COURT: Yes.
THE WITNESS: Oh, Elizabeth Turner.
THE COURT: Okay.
THE WITNESS: Connie Houston, C-o-n-n-i-e.
H-o-u-s-t-o-n.
THE COURT: Okay.
THE WITNESS: Marie Johnstin.
THE COURT: Okay.
THE WITNESS: Thomas Evans.
THE COURT: Okay.
THE WITNESS: Irma Davenport.
THE COURT: Okay. And when he died in 2008,
what siblings were still living?
THE WITNESS: All except Elizabeth Turner,
and she was in an automobile accident.
THE COURT: I see. Okay. Thank you. We
will take a recess for lunch and resume at 1:30.
(A lunch recess was taken at 12:10 p.m., and
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court resumed at 1:40 p.m.)
AFTER LUNCH RECESS
THE COURT: Please be seated. Sorry for the
delay. Okay.
MR. FINCK: Your Honor, I believe Mr. Mateya
and I have spoken off the record, but I believe he has no
further cross examination for Ms. Johnstin, and I have no
further redirect so unless Your Honor has any questions --
THE COURT: No, I don't. May that witness be
excused if she cares to be?
MR. FINCK:
MR. MATEYA:
THE COURT:
MR. FINCK:
that there's no reason for
from the courtroom.
THE COURT:
MR. FINCK:
Yes.
Yes, Your Honor.
All right.
And I also believe we have agreed
them to continue to be excluded
Okay. That's fine.
For the remainder of the
testimony.
THE COURT: So that witness may stay or leave
as she chooses.
MR. FINCK: Thank you. And with that, Your
Honor, I would like to call Dr. Jose Abrenio to the stand.
(Petitioner's Exhibit No. 5 was marked for
identification.)
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Whereupon,
2 JOSE K. ABRENIO, MD
3 having been duly sworn, testified as follows:
4 DIRECT EXAMINATION
5 ON QUALIFICATIONS
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BY MR. FINCK:
Q Good afternoon, Dr. Abrenio. Could you state
your full name and your address for the record, please?
A Jose K. Abrenio, M.D., 2019 Chesbay Court,
Richmond, Virginia, 23236.
Q Thank you. And, Dr. Abrenio, I am going to
show you a document I have asked previously to have marked
as Petitioner's Exhibit No. 5. Can you identify that
document, sir?
A Yes. This is my curriculum vitae.
Q That's your curriculum vitae?
A Yes.
Q And could you explain to the Judge what your
level of education is?
A I went to a medical school which was in the
Philippines. It's just like United States. It is four
years medical school and then --
THE COURT: Now where was that?
THE WITNESS: In the Philippines.
THE COURT: In the Philippines. All right.
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THE WITNESS: And then I came to the United
States in 1964. I passed the examination in the United
States, and then I had my one year internship rotation at
Saint Thomas Hospital In Akron, Ohio, and then I worked for
a while in another hospital. After that I went to Emory
University in Atlanta Georgia.
THE COURT: Say that again, please.
THE WITNESS: I went to Emory University in
Atlanta, Georgia for my residency. I spent 5 years there.
After that I had a job -- do you want me to mention my
work?
BY MR. FINCK:
Q Sure.
A Then I had a job. I was given a job as
instructor at Creighton University in Omaha, Nebraska. The
next year I was promoted to assistant professor, and I
worked there for 5 years. After that I decided I wanted to
shift my specialty. I went to Baylor College in Houston,
Texas as a fellow in nuclear medicine.
THE COURT: In what medicine?
THE WITNESS: As a fellow.
THE COURT: A fellow.
THE WITNESS: A two year fellowship. Two
years fellowship in nuclear medicine at Baylor College of
Medicine in Houston, Texas. After that I was looking for a
100
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job where I could work both as a nuclear medicine physician
and pathology. I went to New Jersey, Saint -- I forget the
-- in Newark. In Newark. I stayed there for I think three
or four years as a fellow in surgical pathology.
After that I was recruited by Buchanan
Hospital, General Hospital, in Virginia. I was offered a
position as the director of the laboratory and also nuclear
medicine. And after 13 years of working there, at the same
time I was also a -- a nuclear medical examiner. I decided
after 13 years to join the fellowship with Dr. Marcella
Fierro --
THE COURT: You will have to spell that for
the stenographer. What's the doctor's name?
THE WITNESS: Marcella Fierro. She's retired
now.
THE COURT: Well, how do you spell it?
THE WITNESS: F-i-e-r-r-o, Fierro. Her first
name is Marcella.
THE COURT: Okay.
THE WITNESS: And after 4 months or one year
of fellowship in forensic pathology, I decided to stay in
Richmond and go into a private practice and at the same time
work for the medical examiner, and that is where I am now.
THE COURT: So you are in private practice as
what?
101
THE WITNESS: As a pathologist.
2 THE COURT: A pathologist.
3 THE WITNESS: Pathologist. At the same time
4 I work for the medical examiner's office as a medical
5 examiner.
6 THE COURT: Okay.
7 BY MR. FINCK:
8 Q Okay. And, Dr. Abrenio, it says from 1998 to
9 1999 you did a fellowship in forensic pathology?
10 A Yes.
11 Q Can you explain to the Court what that is?
12 A Forensic pathology is -- you probably watch
13 on television where they talk about it a lot. Anyways,
14 dealing primar ily with dead bodies. In particular for
15 homicide, like gunshot wound, stab wounds, murders, et
16 cetera, cases for -- the medical examiner's cases.
17 Q Okay. And it also says on your CV that you
18 have some teac hing experience as an assistant professor of
19 pathology?
20 A Yes, sir. I was at the Creighton University
21 for 5 years as an assistant professor in pathology.
22 Q Okay. And are you presently licensed in
23 Virginia?
24 A Yes, sir.
25 Q Okay. Have you been licensed anywhere else?
102
A I did have some like in Ohio and New Jersey,
2 but since I don 't practice I just withdraw my license.
3 Q Okay. So you went inactive in those states?
4 A Inactive, right.
5 Q But you are still active in Virginia?
6 A Well, yes, definitely in Virginia.
7 Q Okay. And according to your CV you are also
8 board certified by the American Board of Pathology?
9 A Yes.
10 Q Clinical Pathology?
11 A Pathology, yes.
12 Q Nuclear medicine and forensic pathology?
13 A No, I am not in nuclear medicine. I never
14 took the board in nuclear medicine. I was busy as a
15 pathologist so.
16 Q I'm sorry. It says board eligible?
17 A Board eligible.
18 Q What's the difference?
19 A The difference is that when you are board
20 eligible you have -- which means you have must take the
21 exam.
22 Q Okay.
23 A Once you pass the board exam then you become
24 board certified.
25 Q And it says on here that you have written a
103
number of publications?
2 A Yes, three.
3 Q Three. And can you explain to the Court
4 briefly what those publications are?
5 A Briefly, something like the first one, which
6 I did, it was an interesting case, and I wrote a paper on it
7 after doing some research, and I did publish. The other two
8 are nuclear medicine cases, which was also interesting, and
9 so, of course, accepted for publication.
10 Q Okay. And, Dr. Abrenio, based on your
11 experience, do you feel that you are qualified to diagnose
12 and discuss with the Court cardiovascular disease?
13 A Will you repeat the question?
14 Q Sure. Based on your experience and your
15 education are you -- do you believe you are qualified to
16 talk about cardiovascular issues?
17 A Yes, sir.
18 Q Okay. Is there a connection between
19 cardiovascular disease and neurological issues?
20 A Yes. In a sense, if I may explain.
21 Q Sure.
22 A When you talk about cardiovascular disease
23 you're talking about arthrosclerosis. Arthrosclerosis is
24 usually generalized, but with the deceased it does manifest
25 in the heart. For you it would be a vascular disease to the
104
legs. Like when you walk you get pain in the leg. That is
2 what we call vascular disease. In a few others it would be
3 manifested by stroke or CVA in the brain.
4 Q Okay. And are you qualified, in your
5 opinion, based on your experience and education, are you
6 able to explain to the Court the connection between the
7 heart and the brain?
8 A Yes, sir.
9 Q Okay. Have you ever testified in court
10 before?
11 A A few times.
12 Q And you have been qualified as an expert?
13 A Yes, sir.
14 MR. FINCK: Okay. At this point, Your Honor,
15 I will move to tender this witness as an expert.
16 THE COURT: In what area?
17 MR. FINCK: To talk about his --
18 THE COURT: Specifically what area?
19 MR. FINCK: Okay.
20 THE COURT: As a pathologist? As a
21 cardiovascular expert? Exactly what is his area of
22 expertise that you want to bring out?
23 MR. FINCK: I want him to talk about in the
24 area of pathology, and as well as the -- he actually did an
25 examination of the decedent, and what his findings were.
105
THE COURT: I understand that, but I need to
2 know exactly what area of expertise you are calling him in,
3 and then I will ask Mr. Mat eya if he has any objection to
4 that.
5 MR. FINCK: Pathological and neurological
6 disorders.
7 THE COURT: Okay. Mr. Mateya.
8 MR. MATEYA: Your Honor, I don't have any
9 objection to that.
10 THE COURT: All right. Do you have any
11 objection to his testifying as an expert in those areas?
12 MR. MATEYA: I do not.
13 THE COURT: Okay. He will be recognized as
14 an expert in those areas.
15 MR. FINCK: Thank you. I would like to move
16 for the admission of his CV into the record.
17 MR. MATEYA: No objection.
18 THE COURT: All right. Petitioner's Exhibit
19 5 is admitted.
20 (Petitioner' s Exhibit No. 5 was admitted into
21 evidence.)
22 DIRECT EXAMINATION
23 BY MR. FINCK:
24 Q Dr. Abrenio, I am showing you a copy of a
25 document that I will ask be marked as Petitioner's Exhibit
106
No. 6.
2 (Petitioner's Exhibit No. 6 was marked for
3 identification.)
4 BY MR. FINCK:
5 Q You have in front of you what has been
6 labeled as Petitioner's Exhibit No. 6. Can you identify for
7 the Court what that document is?
8 A This copies are my report, my final report
9 from the autopsy I did on William Irving Evans, which was
10 done on September 26, 2008.
11 Q Okay. Thank you, Doctor. And if you could
12 please -- that is your signature on the front page there?
13 A Yes, sir.
14 Q Okay. And on the front page of the autopsy
15 examination report you have a -- it appears to be a summary
16 called Pathological Diagnosis. Do you see that?
17 A Yes, sir.
18 Q Okay. And the first thing that you diagnose
19 is you say moderately severe coronary atherosclerosis and
20 calcification with complete occlusion of the left circumflex
21 coronary artery by thrombosis. Can you explain to the Court
22 what that finding is?
23 A Basically, sir, the heart has three main
24 blood vessels. The one -- first number one is the left main
25 coronary artery, out of which runs the left circumplex
107
coronary artery. The third one is the right coronary
2 artery.
3 Now, in this particular case the left
4 circumplex -- anyway all of these coronary arteries have
5 severe atherosclerosis calcification, but on top of this
6 disease, the left circumflex coronary artery was also
7 completely occluded by thrombus. Thrombus means blood clot.
8 Completely occluded so that the lumen that remain had been
9 completely occluded by the blood clot.
10 Q Okay. So you indicated that this was
11 something that -- in your opinion had this occurred over
12 time?
13 A Yes, sir. This has been going over time.
14 Q Okay.
15 THE COURT: What was the cause of death?
16 THE WITNESS: We don't really know the cause
17 as of now, but for the grace of God all of us would have
18 these, why some would have heart attack --
19 THE COURT: I said what was the cause of the
20 death?
21 THE
22 THE
23 THE
24 report here has sa
25 THE
WITNESS: The cause of death?
COURT: Yes.
WITNESS: The cause of death in my final
id -- final paragraph.
COURT: Are you able to just summarize?
108
THE WITNESS: Yes. I just said immediate
2 cause of death is due to the left circumflex coronary artery
3 thrombosis.
4 THE COURT: Okay.
5 THE WITNESS: Because of this thrombosis the
6 heart was not getting enough blood supply so the heart went
7 into fibrillation, and because it went to fibrillation the
8 blood supply that is supposed to go to the brain is cut off
9 and so the patient dies.
10 THE COURT: In laymen's terms would that be a
11 heart attack?
12 THE WITNESS: This particular case, because
13 the patient died so quick, there was no evidence of a recent
14 heart attack due to the thrombosis, but the rest of the
15 heart did show multiple foresight of heart attack, old heart
16 attack, which was -- if you are looking at the side of the
17 heart, the outside and the inside -- the old heart attack
18 would go from the top to the bottom, from inside, outside.
19 THE COURT: Okay.
20 MR. FINCK: Thank you, Doctor.
21 BY MR. FINCK:
22 Q I think you mentioned this as part of your
23 previous testimony, but you indicated that there was
24 moderately severe atherosclerosis and calcification. Can
25 you explain to the Court what that means?
109
A What it simply means is that over a period of
2 time the patient developed atherosclerosis. It begins with
3 atherosclerosis, and over a period of time this
4 atherosclerotic clot becomes calcified. So it is almost
5 like stone. So the effect is to make the lumen of the blood
6 vessel very, very narrow in this particular case.
~ Q And does that prevent blood from flowing
8 through the vessel?
9 A Yes. Because the lumen is not open.
10 Therefore, the blood that should normally pass through the
11 coronary arteries to supply the muscle of the heart is
12 slowed down.
13 Q Okay. And, in fact, you say that the left
14 coronary artery and the right coronary artery have 65
15 percent narrowing of the lumen. Is that significant?
16 A Yes, sir.
17 Q More than fifty percent?
18 A About 65, because we can estimate, and we
19 have the criteria which we do look at how much from 10
20 percent, 30 percent, 40 percent, 50 percent. This one is 65
21 percent.
22 Q Okay. And is that significant?
23 A Very significant.
24 Q Okay. And you also say old myocardial
25 infarctions, postern-lateral wall of the left ventricle.
110
What does that mean?
2 A It simply means that the patient had multiple
3 heart attacks in the past. Now, the timeframe is very
4 difficult to tell because the artery is hard. So we cannot
5 exactly say that it happened one month ago or three months
5 ago. All we know is that this happened sometime in the
7 past.
8 4 Okay. And you also talk on item number --
9 I'll skip down to item number 11. You talked about marked
10 atherosclerosis of the aorta. What does that mean?
11 A The aorta is the main blood vessel inside of
12 the thoracic cavity that comes directly from the heart into
13 the abdomen. This also became calcified and
14 atherosclerotic. It is also thickened. It almost really
15 brittle so that when you cut it with a knife it is very hard
16 to cut.
17 Q Okay. And beneath that you have arterial
18 nephrosclerosis.
19 A That is the kidney. That is the kidney.
20 Q Okay. And then the final finding is adult
21 brain with severe hypoxic changes of the bilateral
22 hippocampi. No evidence of Alzheimer's Disease. What does
23 that mean?
24 A It simply means that because of the
25 atherosclerosis in the circle of Willis the blood vessels
111
that supplies our brain is not -- also just like in the
2 coronary arteries. Therefore, the blood flow is much, much
3 di minimus. Now, it is more likely than not in one
4 experience when he was having a heart attack, the blood flow
5 to the brain may have been markedly diminished so he began
6 to have ischemia. Ischemia simply means that the blood flow
7 to the brain is markedly diminished. You know that the
8 brain cannot tolerate more than five minutes with no blood
9 flow into the brain. Damage becomes irreversible, and this
10 is what happened to this man.
11 Q What kind of symptoms are associated with
12 that?
13 A I am not a neuropathologist. This is not my
14 expertise, but I did discuss this case, as I usually do,
15 with a neuropathologist, who is a friend of mine, to educate
16 me on what he's talking about. So he was explaining to me
17 that, like I said --
18 MR. MATEYA: Pardon me. I am going to object
19 to this because the witness already stated this is outside
20 of his area of expertise. So I am going to object to any
21 testimony on that.
22 MR. FINCK: Well, Your Honor, part of what
23 the doctor did was he had the neuropathologist do an
24 examination as part of his autopsy report, and under
25 Pennsylvania law he is permitted to rely upon the expertise
112
of others in formulating the opinion as to the autopsy
2 report as long as he can explain to the Court what the
3 autopsy report's final conclusions with respect to all
4 matters are.
5 THE COURT: Mr. Mateya, for that limited
6 purpose do you still object?
7 MR. MATEYA: No. That is fine.
8 THE COURT: All right. Go ahead.
9 MR. FINCK: Okay.
10 BY MR. FINCK:
11 Q Can you explain what the term severe hypoxic
12 changes -- what is that indicative of?
13 A When the blood flow to the brain is
14 diminished -- just like a faucet, if you close it a little
15 bit tighter there will be less water coming out. It is the
16 same thing. Therefore, the blood flow is diminished to the
17 brain. Therefore, the term used for that is hypoxia, and
18 with this hypoxia it literally -- some neurons will die out,
19 and when they die out they became -- they become replaced
20 with scar. We call it gliosis, as described by pathology.
21 The scar is no different than a scar in our skin except it
22 is different in the brain because the scar is a different
23 kind of tissue in the brain. So we call it gliosis.
24 Q Okay. And you are saying gliosis is a term
25 for scarring on the brain?
113
A Yes, sir.
2 Q In terms of the age of the injury, are you
3 able to tell whether it was something recent or whether it
4 was something old?
5 A No, I don't think anyone could tell. Just
6 like I said in the heart, I don't think anybody can put a
7 timeframe. The only way you can -- according to the
8 neuropathologist, the only way you can tell, just like a
9 sign of disease, is at the point in time when his mental,
10 you know, mental ability or --
11 Q Capacity?
12 A Ability to remember things could be better
13 assessed by the clinician at the particular time. So the
14 particular time he had the symptoms presented to the
15 clinician, then we as pathologists would assume that there
16 must be a time when the brain was being damaged.
17 Q Okay. I want you to turn to page 3 of your
18 report under the heading Individual Organs?
19 A I'm sorry. I didn't hear you.
20 Q Page 3 of your report under the heading
21 Individual Organs.
22 A Um-hum.
23 Q You say here that the heart weighs 550 grams.
24 The heart is enlarged with left ventricle hypertrophy.
25 What does that mean?
114
A When the coronary arteries going to the heart
2 becomes compromised because of atherosclerosis and
3 calcification, therefore, the blood flowing to the heart is
4 diminished, and the heart compensates by trying to work
5 hard. By working and pumping more and more so that it can
6 get the blood through the heart and go elsewhere to supply,
7 for example, the kidneys, all the organs.
8 The big difference between the heart muscle
9 and our muscle in our arm, if you continue to exercise, your
10 arm will get bigger and stronger, but the heart can only do
11 so much, after which it begins to decompensate. In other
12 words, it does not work anymore like it should have been
13 working.
14 Q Okay.
15 A But by that time the heart is already
16 enlarged.
17 Q So if the heart is having trouble getting
18 blood to the other organs, it will actually -- like a muscle
19 it will expand; is that correct?
20 A Yes.
21 Q And is that what you found with respect to
22 Mr. Evans?
23 A Yes.
24 Q Okay. And is the expansion -- is that
25 something that occurred -- is it like a muscle over time or
115
is it something that can occur right before death?
2 A No. It happens over a period of time.
3 Q Okay. So based on your findings here, are
4 you able to tell us whether or not there was a likelihood of
5 difficulty getting blood to the brain over a period of time?
6 A Yes.
7 Q Why is that?
8 A Because as we already extrapolated earlier,
9 when the coronary -- starting with the coronary arteries are
10 narrowed, therefore less blood supply goes to the heart, and
11 with this blood supply going to the heart, the heart tries
12 to compensate by working harder and getting bigger, and then
13 -- but over a period of time this begins to decompensate.
14 In other words it does not work as a strong as it should be.
15 Therefore, whatever part of our organs, for example, like
16 the brain, is not getting the blood supply that it should
17 have by virtue of the fact that the heart is not able to
18 work as it has been doing in the past.
19 Q Okay. You concluded that the decedent did
20 not suffer from Alzheimer's, correct?
21 A Yes, sir.
22 Q Okay. with respect to brain injury, what did
23 you conclude was the status of his brain at the time of
24 death?
25 A The conclusion of the neuropathologist is
116
that the -- he said adult brain with severe hypoxic changes
2 of bilateral hippocampi. There is no evidence of
3 Alzheimer's disease. And he made a comment that this injury
4 to the brain is consistent with memory loss.
5 Q Okay. And, Doctor, based on your own
6 experience, are you able to -- were you at all trained in
7 how the brain works?
8 A Yes.
9 Q Okay. Are you able to testify as to the
10 symptoms that would have been likely experienced by someone
11 who is suffering from severe hypoxic --
12 A No, I would not be able to because I am not a
13 neuropathologist. Again, I would be going into an area of
14 expertise that does not belong to me.
15 Q Okay. But the neuropathologist's report does
16 indicate that there was a problem with the brain?
17 A Yes.
18 Q Okay. And can you explain what that problem
19 was, in layman's terms?
20 A It simply means -- he said that there's
21 memory loss consistent -- the findings that he had in the
22 brain is consistent with memory loss.
23 Q Okay. And you already indicated that the
24 heart and the way that the blood was pumping, this is
25 something that had been occurring over a period of time?
117
A That is correct.
2 Q Okay. Does the existence of scarring on the
3 brain also indicate that it's been happening for some time?
4 A That is correct.
5 MR. FINCK: Okay. Nothing further, Your
6 Honor.
7 THE COURT: Mr. Mateya.
8 CROSS EXAMINATION
9 BY MR. MATEYA:
10 Q Good afternoon, Dr. Abrenio. If you could
11 turn to page 6 of your report, I believe it says -- on page
12 6 it says the final clinical summary. If you would look at
13 that with me, please. I'm sorry. Pardon me. I'm sorry.
14 I grabbed the wrong page.
15 MR. MATEYA: May I have one minute, Your
16 Honor? I apol ogize. I had the wrong page marked.
17 THE COURT: That's all right.
18 BY MR. MATEYA:
19 Q Okay. I have it. I'm sorry.
20 A That's okay.
21 Q On page 6, that very first sentence, it says
22 the clinical s ummary is very brief and is primarily obtained
23 from the famil y. Did you obtain that clinical summary?
24 A You mean the one I mentioned here?
25 Q Yes, the one you mentioned there.
118
A Yes. The thing that I do as a pathologist is
2 that before I perform the autopsy I like to speak with the
3 family what exactly the problem -- I do everything that I
4 usually do, but I like to know exactly what they are looking
5 for in the sense that it gives me specifics in the way I
6 work, what I would be looking for.
7 Q Thank you. And to whom did you speak,
8 Dr. Abrenio?
9 A I really can't remember who I did, whether it
10 was the son or -- somebody I know from the family.
11 Q Okay. Okay. And so you spoke to one person?
12 A Yes.
13 Q Okay. All right. Very good. And so because
14 of the type of work you did then, you wouldn't have had any
15 reason to have ever known William Evans when he was alive?
16 A No, sir.
17 Q Okay. And, let's see, have you -- let's see,
18 you haven't met Irma Davenport before today, have you? You
19 don't know I rma Davenport, do you?
20 A No. No, I don't know anyone.
21 Q And so you didn't speak to her?
22 A No.
23 Q Concerning this?
24 A I don't believe so.
25 Q And the only person you spoke to was
119
Mr. Evans; is that right?
2 MR. FINCK: Objection. The witness already
3 testified that he couldn't remember which family member.
4 He thought it was the son.
5 THE COURT: He can say that then if he wants
6 to. Is it correct you don't remember whom you spoke to?
7 THE WITNESS: I cannot remember, sir, whom I
8 spoke with, but I know I spoke with one member of the
9 family.
10 BY MR. MATEYA:
11 Q One member. Okay. Thank you. That's fine.
12 And, Dr. Abrenio, did you or someone working with you -- did
13 you provide to Virginia Commonwealth University Department
14 of Pathology the clinical information that makes up part of
15 this neurological report?
16 A Yes, sir. Because the neuropathology
17 department wants all the basic information of the patient --
18 of the body, including a well brief history.
19 Q Okay. How important is that medical history
20 to you when you are doing the autopsy report?
21 A It is very important to me because in a
22 number of cases where there is no history of dementia, for
23 example, there is no history of Alzheimer's Disease or
24 Parkinson's disease, I do the brain myself. I examine the
25 brain myself. Especially if I find that the cause of death
120
is very easily discovered during my autopsy.
2 Q Okay. All right. So in this case you spoke
3 to one person. Do you know how much -- that one person you
4 spoke with, do you know if they were living with Mr. Evans,
5 if they knew him very well or they didn't have much contact?
6 Do you know?
7 A No, sir.
8 Q Okay. So you don't know if they were living
9 with him 24 hours a day or only saw him once every 24 days?
10 A No, sir.
11 Q Okay. There's several other things that you
12 testified to here, and, forgive me, I don't know medicine
13 like you do.
14 A That's okay.
15 Q But at the very beginning when you were
16 giving an overview you said let me generalize because you
17 were trying to make it understandable for us. And then as
18 we talk about some of the specific things that Attorney
19 Finck asked you about, I just noted a few phrases. You were
20 talking about the blood flow, and you said over a period of
21 time, you know, this -- something's calcified. Is it common
22 for there to be a situation where what you are finding in an
23 autopsy, the result is something that happened over a period
24 of time? Is that a common occurrence?
25 A When we are talking about cardiovascular
121
disease, particularly with atherosclerosis, this happened
2 over a period of time. No matter who the subject is.
3 Q Okay.
4 A It could be any one of us.
5 Q And I believe you said the timeframe is
6 difficult to tell?
7 A Yes.
8 Q Okay. And the narrowing of the blood flow
9 that was in the heart, and as the blood went to the brain, I
10 think you said the same thing, is that it was getting more
11 and more narrow, and that also happened over time?
12 A Yes.
13 Q Okay. Is there some way, Doctor, that you
14 can tell me how narrow that was three years before he died?
15 A No, sir.
16 Q Or four years before he died?
17 A No, sir.
18 Q And is there some way you can pinpoint how
19 well his memory was working three years before he died?
20 A I can only tell during the autopsy as I see.
21 Q Okay. But as far as the way he was acting
22 when he was alive say in 2005?
23 A No, you can just infer based on what I see
24 that it was going on like this, but to say specifically a
25 timeframe, no.
122
Q Okay. And in a case like this we have some
2 very specific dates that we are looking at. Am I correct
3 you couldn't tell -- if I started to ask you dates, there's
4 no way you can answer, am I right?
5 A Correct, sir.
6 Q Okay. And I believe -- am I right, I believe
7 you said, I don't think anyone can put a specific timeframe
8 on when a brain is getting enough blood flow; is that right?
9 A That is correct.
10 Q And does it vary also from one person to
11 another? When things change, with each of us, we are all a
12 little bit different; is that correct?
13 A Correct.
14 Q Okay. And forgive me if I have asked this,
15 but I want to make sure I have this clear on the record.
16 There is no way you can tell me how much he was affected by
17 this blood loss -- the loss of blood flow in 2005 or in
18 2006?
19 A No.
20 MR. MATEYA: Okay. I have no other
21 questions, Your Honor.
22 THE COURT: Mr. Finck.
23 MR. FINCK: Thank you.
24 REDIRECT EXAMINATION
25 BY MR. FINCK:
123
Q Dr. Abrenio, you indicated in response to one
2 of Mr. Mateya's questions that you got the clinical summary
3 from the family, correct?
4 A Correct.
5 Q Okay. And one of the things that is noted
6 here in your clinical summary is the family was concerned
7 about his progressive dementia and possible Alzheimer's
8 disease. Do you see that?
9 A Correct.
10 Q Okay. And your finding -- or the finding of
11 your neurologist was that he did not have Alzheimer's
12 disease, correct?
13 A Correct.
14 Q What about progressive dementia? Did he have
15 that?
16 A All I can say from what he said in the report
17 is that the finding of hypoxic ischemia on his brain is
18 consistent with loss of memory.
19 Q Okay. Okay. And, again, in response to one
20 of Mr. Mateya's questions, Dr. Abrenio, you indicated that
21 you can't tell exactly what it was in 2005 and 2006,
22 correct?
23 A Correct.
24 Q Okay. But does the size of the heart give
25 you any indication as to how long he had had this pulmonary
124
problem?
2 A It is difficult for anyone to say because
3 there was this baseline. In other words, I am seeing it at
4 the end stage of the disease, but any pathologist can
5 extrapolate or speculate that maybe three or four or five
6 years ago it was going that way, but he would not be able to
7 to say that two years ago it was like this or three years
8 ago it was like that.
9 Q Fair enough, but you can tell from -- am I
10 correct that you can tell from looking at the brain -- or at
11 the heart after death that this wasn't something that
12 occurred a month before the decedent died?
13 A No. It is more than a month. As far as the
14 coronary arteries, for example.
15 Q How do you know that?
16 A Because the coronary arteries is markedly --
17 there's a lot of atherosclerosis and calcification, and then
18 the left main central artery had thrombosis, which means
19 that because the lumen was very narrow, therefore the blood
20 -- blood begins to clot around the area. That is with the
21 complete occlusion, and because of this complete occlusion,
22 more likely than not the heart went into fibrillation and
23 then he died then and there. However, there was no evidence
24 of any acute heart attack because he died too fast at that
25 particular time.
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Q What is the significance of the acute heart
2 attack evidence?
3 A What is --
4 Q What's the significance of what you just
5 stated, that there was no evidence of an acute heart attack?
6 A What I am saying is that if the clinician
7 were going to ask me when did the patient die, and I can say
8 that if there is complete occlusion in this case, but there
9 is no necrosis or dieing of the heart muscle, I would say he
10 died quick, within minutes. He died quick.
11 However, if there was inflammation, meaning
12 to say an inflammatory came over and destroyed the muscle
13 fibers, then that means that he lived for a while, maybe 6
14 hours, 12 hours, based on that I could see the inflammation
15 that he survived shortly after the heart attack -- I mean
16 shortly after the occlusion of the blood vessel.
17 Q Okay. Okay. So you indicated that the
18 family came to you and told you they thought he had
19 Alzheimer's, and you didn't find Alzheimer's. Now, once the
20 family tells you about the patient, does that influence the
21 way -- your conclusions about the cause of death or the --
22 how the body -- how you find the body?
23 A How I found the body?
24 Q Yes.
25 A My conclusion is based upon my pathologic
126
finding, together with the report coming from the
2 neuropathologist.
3 Q Okay. So the family may give you some tips
4 about what they know, but you ultimately are the one that
5 determines what you find, correct?
6 A Correct.
7 Q And you wouldn't change your findings based
8 on what the family told you, correct?
9 A No, I wouldn't change.
10 Q Okay. And do you recall, were you aware of
11 why the family wanted this autopsy performed?
12 A They just wanted to know whether this patient
13 had Alzheimer's disease because -- let me just clarify
14 myself, sir.
15 Q Sure.
16 A When we say Alzheimer's Disease, Judge, it
17 means that it is specific because Alzheimer's disease is
18 specific. You can see in the microscope and the pathologist
19 can say that person died from Alzheimer's disease.
20 Dementia is a clinical term. It could be from narrowing of
21 the blood vessel or ischemia. It could be from tumor. It
22 could be from any kind of disease because dementia itself is
23 a clinical term. It is not a pathological term.
24 Q Okay. Are your findings -- are the
25 neuropathologist's findings consistent with dementia?
127
A Yes.
2 MR. FINCK: Nothing further.
3 THE COURT: Mr. Mateya.
4 MR. MATEYA: Nothing further, Your Honor.
5 THE COURT: Okay. You may step down. Thank
6 you. May this witness be excused?
7 MR. FINCK: Yes, Your Honor.
8 MR. MATEYA: Yes. Yes, I'm sorry.
9 THE COURT: You may stay or leave as you
10 choose. Thank you.
11 THE WITNESS: Thank you, sir.
12 MR. FINCK: May I move for admission of
13 Petitioner's Exhibi t 6?
14 MR. MATEYA: No objection.
15 THE COURT: Petitioner's Exhibit 6 is
16 admitted.
17 (Petitioner' s Exhibit No. 6 was admitted into
18 evidence.)
19 MR. FINCK: And, Your Honor, while I am
20 thinking of it, can I move for the admission of Exhibit
21 No. 4, please?
22 THE COURT: I have that one down as being
23 unidentified.
24 MR. FINCK: I'm sorry, Exhibit No. 3.
25 THE COURT: Mr. Mateya, do you have any
128
objection to the admission of Petitioner's Exhibit 3?
2 MR. MATEYA: None.
3 THE COURT: All right. Petitioner's Exhibit
4 3 is admitted.
5 (Petitioner's Exhibit No. 3 was admitted into
6 evidence.)
~ MR. FINCK: Thank you. With that, Your
8 Honor, I would like to call Thomas Evans to the stand.
9 Whereupon,
10 THOMAS C. EVANS
11 having been duly sworn, testified as follows:
12 DIRECT EXAMINATION
13 BY MR. FINCK:
14 Q Mr. Evans, can you state your full name and
15 address for the record, please?
16 A Thomas C. Evans.
17 THE COURT: You will have to move the
18 microphone, if you will, so you are speaking right into it.
19 THE WITNESS: Do you want my address? Thomas
20 C. Evans, 1266 South Hill Road, Cambridge, Virginia, zip,
21 23944.
22 BY MR. FINCK:
23 Q And, Mr. Evans, what is your relationship
24 with the decedent, William Irving Evans?
25 A Beg your pardon?
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Q What is your relationship to the decedent,
2 William Irving Evans?
3 THE COURT: In other words, are you his
4 brother?
5 THE WITNESS: Yes, sir. Yes, sir.
6 THE COURT: Okay.
~ THE WITNESS: I couldn't understand you.
8 I'm sorry.
9 THE COURT: It's hard to hear in this
10 courtroom.
11 THE WITNESS: Yes. He was my brother.
12 BY MR. FINCK;
13 Q Okay. And how would you describe your
14 relationship with your brother?
15 A Well, I thought we had a good relationship
16 over the year s.
17 Q Okay. Did you talk to him on a regular
18 basis?
19 A Well, sometimes I talked to him twice a week,
20 sometimes once a month, sometimes every two weeks.
21 Q Okay. How about from 2000 until 2004? How
22 often did you speak with him or see him?
23 A Oh, sometimes he would come quite often and
24 then again he wouldn't, but I still would talk to him at
25 least once a month, sometimes more.
130
Q Okay. And did he call you or did you call
2 him?
3 A Well, we tried to make an agreement that he
4 call me maybe once a week and then I would call him once so
5 we would be calling each other every two weeks, and the same
6 thing with our first cousin that lived in Virginia down in
7 Norfolk. We all three would call each other on the weekend
8 because we were using cellphones and it didn't cost us
9 nothing to talk.
10 Q Okay. And can you describe for the Court
11 what kind of behavior you observed your brother exhibiting?
12 A Well, he got to the place that when we would
13 talk to him he would just actually hang up the phone or
14 whatever. He wouldn't say for no reason, and then I thought
15 it was something wrong with the telephone so I would call
16 him back, and he would say, I'm glad you called. He said, I
17 haven't heard from you in a week or two weeks or whatever.
18 THE COURT: Now when would this be? What
19 year are you talking about?
20 THE WITNESS: This would be probably 2006.
21 BY MR. FINCK:
22 Q Okay. Did this happen --
23 A 2007. 2006, 2007.
24 Q I'm sorry. Go ahead.
25 A Before he passed away.
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Q Did this happen on more than one occasion?
2 A Well, his first cousin called me and asked me
3 what was wrong with him.
4 Q And what did you tell him?
5 A He was doing the same thing. He would just
6 all of a sudden be talking, and then he would just hang up.
7 They would call him back, and he'd say, well, I haven't
8 heard from you in a month, and he hadn't been three, four
9 minutes talking to him, and he would call me and ask me what
10 was wrong? And I said, I think he's got dementia or
11 Alzheimer's.
12 Q Okay. And did this happen to you on more
13 than one occasi on?
14 A Oh, yes, sir.
15 Q What were conversations with him like?
16 A Sometimes it was good, and most of the times
17 it wasn't.
18 Q What do you mean by that?
19 A Well, he would be hi mself for a few minutes,
20 but he couldn't talk maybe three or four minutes at a time,
21 and then he would just go off and talk about something over
22 here that sometimes I wouldn't know something about,
23 sometimes I would.
24 Q So his --
25 A And then I would try to get off the telephone
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with him.
2 THE COURT: Would you mind pulling the
3 microphone so you are speaking into it? Thank you.
4 BY MR. FINCK:
5 Q Did he attend family functions from 2005
6 until his death in 2008? Did he attend family functions
7 from 2005 until 2008?
8 A Well, the last time that he was supposed to
9 have came to a family reunion he got lost and he didn't show
10 up. So I called him that Sunday night, and I asked him what
11 happened? He said that he didn't know. He said something
12 happened to me that never happened before, and I said what
13 was that? He said I started down on 33, and he said, I
14 don't know if I was at 15 or 29 or what. I said, well, how
15 did you get back home? He said, some guy asked him for his
16 driver's license, and he showed him his driver's license,
17 and he told him how to get back home, and he said when he
18 remembered anything he was at Boiling Springs, and he said
19 that he recognized where he was at.
20 Q And how far is Boiling Springs from where he
21 lives?
22 A Danny could tell you better than I can. I've
23 been out there, but...
24 Q Is it fairly close?
25 A I would say it is approximately eight or ten
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miles, Danny?
2 Q Okay.
3 A I really don't know exactly. I have been at
4 it numerous times because he lived at that home at that
5 time.
6 Q Okay. And had he previously -- had he driven
7 himself down to Virginia without any problems?
8 A Oh, he had been coming for years.
9 THE COURT: Now when was this? When did this
10 happen?
11 THE WITNESS: This happened approximately
12 about two years, if I'm not mistaken. So it happened on
13 September -- the middle of September of every year. The
14 first week after Labor Day. And the last time that he came
15 down on his own was in -- was in July or August, and then
16 this was two years before he passed away that he said this
17 happened to him, and he did not come.
18 BY MR. FINCK:
19 Q So this was September of 2006?
20 A Yes. It was two years before he passed away,
21 and he passed away in 2008. So he passed away in September
22 26th of '08.
23 Q Okay. How would you describe his behavior
24 from 2004 until 2006 when he would attend family functions?
25 A He wouldn't -- I would consider that he
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wasn't his self like he was back years before.
2 Q What do you mean by that?
3 A He didn't talk as much as he used to. He
4 used to be a big talker, and then he got to the place that a
5 lot of times he would talk for a few minutes and then he
6 would stop, he wouldn't say nothing.
7 Q Did you find that to be strange?
8 A Yes, sir.
9 Q Why is that?
10 A Well, I could tell there was something wrong
11 with him, and then after when he was on the telephone, the
12 way he was acting on that, I figured it had to be that he
13 was having some health problems in that line.
14 Q Okay. Did you believe he was having mental
15 problems?
16 A Well, I am not a doctor, but it kind of leads
17 up to what I had seen other people like that.
18 Q Okay. Did he ever talk to you about his
19 divorce from his ex-wife Gisela?
20 A Oh, other than once that -- when he got ready
21 to purchase the property that he bought beside of Danny that
22 he told me that -- well, in fact, we went and looked at the
23 property before he bought it and looked at the building, the
24 inside, each room, and even went up on the house and looked
25 at it, and the termites had gotten at it, and it was leaking
135
and the roofs, the floor was buckled, the windows was
2 knocked out, and he asked me -- he said, what do you think
3 about the building?
4 I said the building is not worth remodeling
5 or fixing. It would be cheaper for you to tear it down, and
6 he said, yes, I can get somebody to tear it down, and even
7 get the fire department to burn it up, but he hadn't bought
8 it at that time, and then later he bought it, and then after
9 he bought it he told me that -- we was talking probably a
10 week or it might have been a month I can't remember exactly
11 how many days or months it was, he said that he bought it
12 and he put it in Danny's name to keep Gisela from getting
13 it, his ex-wife, and he said, I put it in his name so she
14 wouldn't get it, and he said he's the only child that I got.
15 He and the girls are going to get everything I got anyway.
16 I didn't ask him for none of this. He volunteered and said
17 that.
18 Q Okay. Other than that time did he ever
19 express concerns about Gisela stealing from him?
20 A He mentioned it to me once, that she was
21 stealing chairs off his porch.
22 Q Do you know when that was?
23 A That was after they had been separated. I
24 can't remember the year that he was telling me the stuff.
25 I would say it was somewhere around two thousand and maybe
136
six.
2 Q Okay. And you said that he talked to you
3 about the possibility of burning the store before he
4 actually purchased it?
5 A Well, he had said he was going to burn it.
6 He said he would probably get the fire department to burn it
7 or give it to somebody to tear down.
8 Q Okay. After he spoke with you about -- I'm
9 sorry. After he told you that he put the property in
10 Danny's name, did you ever talk to him again about that
11 property?
12 A No. The only time that I mentioned -- the
13 property was mentioned again was when actually Danny had the
14 store burned up by the fire department.
15 Q Okay.
16 A And after the store was burnt up, the next
17 evening he called me, and he was very upset about it, very
18 emotional about it, and I says, Irving what is wrong? He
19 said the store has been burnt up. I said, well, you've got
20 to calm down so that you and I can talk and find out what is
21 going on.
22 And then he finally calmed down, and he said,
23 well, they burnt the store up. And I said, well, Irving,
24 you told me you gave the place to Danny, and Danny wanted
25 his daughter to have a part of it to put her home on. You
137
don't want your granddaughter to have it? He said, oh, yes,
2 I want her to have it. I said, well, Danny said that he had
3 it for you. He said, yes, Denise got my prints, that I came
4 down to Virgi nia Homes and picked out the Cape Cod to put on
5 there.
6 Q And just for clarification, who is Denise?
7 A That's Danny's wife --
8 Q Danny's wife was helping him get blueprints?
9 A Well, yeah, they went down to Virginia and
10 got the bluep rints and all for the Cape Cod, and he told me
11 that.
12 Q During that conversation did he tell you how
13 he learned that the store had burnt?
14 A Yes, he told me that Irma called him.
15 Q Did he say anything more about that?
16 A No. That is it. He said she called him and
17 told him that the store had burnt.
18 Q And he was upset about that?
19 A Yes.
20 Q Do you recall anything else specific he said?
21 A That's what he said, that she called him and
22 told him that the store burnt up.
23 Q Okay. And he was pretty upset at this point?
24 A Oh, yes. He was upset until I talked to him
25 and got him calmed down.
138
Q And after you calmed him down did he agree
2 that he had given the property to Danny?
3 A Yes, he agreed, and he agreed that he wanted
4 his granddaughter to have the piece of property. Because he
5 up and said that he had been to Virginia Homes and picked
6 out the home that he wanted put down there, but he didn't
7 say that, you know, he was going to put it up or anything.
8 Q Did he think that Danny had stolen the
9 property from him?
10 A I don't see how he could because I explained
11 it to him, I said you gave the property to him. When you
12 give somebody something it is theirs.
13 Q Okay.
14 A And I said you made the statement that you
15 didn't want your wife to come in and try to get some of it.
16 Q So after you calmed him down and he
17 acknowledged that he had already given the property --
18 A Yes. He acknowledged.
19 Q When he first called you he was -- was he
20 confused about that?
21 A Oh, yeah, he was confused about everything,
22 and he wanted to know what happened to it.
23 Q When William Irving Evans died in September
24 of 2008, did you come up to the property -- or did you come
25 come up to Carlisle with his son?
139
A Yes.
2 Q Okay. And can you tell me what occurred when
3 you got here?
4 A Well, when I got here they called and came in
5 and was telling what happened to him and so forth and I
6 turned around and asked his son, did you know your dad had a
7 pacemaker? He said no. He turned around and asked me. I
8 said, no, I didn't know that. And he said did you have any
9 idea that he had a pacemaker? I said no, sir. I did not
10 know that he had one, and if I'm not mistaken she said that
11 she was with him when he had it.
12 Q Who is she?
13 A Irma.
14 Q Okay. So Irma was in the room when this
15 conversation was happening?
16 A She was right at the table.
17 Q And she said she was with him when he had it?
18 A That was my understanding. That's what she
19 said. And al l's I know is none of his sisters knew anything
20 about this.
21 Q were you surprised --
22 A Yes, sir, I was surprised.
23 Q Why is that?
24 A Well, I certainly would have left him know
25 that that was what was happening, and what was going on in
140
case that he needed us, that we could be there for him.
2 Q In the past is this something he would have
3 normally shar ed with you?
4 A I think he would have. I don't see why he
5 would change now.
6 Q Now, Mr. Evans, I am going to show you a
7 document that has previously been marked as Petitioner's
8 Exhibit No. 4 , and I will ask you turn to the second page of
9 that, and the re is some handwritten notes. Do you recognize
10 the handwriting?
11 A Are you talking about on the back?
12 Q On the page that you have in front of you
13 with the handwritten notes, do you recognize that
14 handwriting?
15 A No, sir.
16 Q Okay. Does that appear -- are you familiar
17 with your brother William Irving Evans' handwriting?
18 A Yes, sir.
19 Q You are familiar with his handwriting?
20 A Yes, sir.
21 Q How so?
22 A Well, I have seen his writing when he would
23 send us cards and stuff, and I seen his writing before and
24 he and I used to work together.
25 Q Okay. And how would you describe to the
141
Court his handwriting?
2 A well, this is not his handwriting. It is too
3 neat and too clean.
4 Q Okay. What kind of handwriting did he have?
5 A Well, he was kind of like myself, he had kind
6 of a little scratchy handwriting.
7 Q Like a chicken scratching?
8 A Yeah, if that is what you want to call it.
9 Q And you said that you had an opportunity to
10 observe his handwriting. How many times?
11 A Well, he and I worked together off and on for
12 three years, and we grew up together and he worked at
13 service stations and stuff, and I used to help him at the
14 service station and I seen tickets and things that he had
15 written.
16 Q Okay.
17 A But this does not look like his handwriting.
18 Q Okay. And you don't know whose handwriting
19 it is?
20 A No, sir.
21 Q Do you recall an incident with your brother
22 at one of th e family functions about a plant and a hat
23 stand?
24 A About what now?
25 Q A plant and a hat stand?
142
A A plant? Repeat that.
2 Q Do you recall an incident with your brother
3 having to do with a plant and a hat stand at one of the
4 family functions?
5 A A house plant?
6 Q Yes.
7 A Yes. Yeah, he talked to me about it.
8 THE COURT: Now when was this? What date was
9 this?
10 THE WITNESS: It had to be on a weekend.
11 When he usually comes down, he usually come down on maybe a
12 Friday, and if it was it was on a Saturday.
13 BY MR. FINCK:
14 Q Do you know what year? Do you recall what
15 party it was?
16 A I couldn't answer that because I really don't
17 know what year but he brought the stuff down and he showed
18 me his prints and we talked about it and different stuff.
19 Q Did you ever have an opportunity to observe
20 the decedent, your brother, interacting with the Petitioner
21 or with the respondent, Irma Davenport, your other sister?
22 A Did I have what again? Step up here a little
23 closer so I can hear you, please.
24 Q Sure. Did you ever have occasion to observe
25 Ms. Davenport with your brother?
143
A Not in the last few years.
2 Q Why is that?
3 A Well, she just wasn't by at the time.
4 Q Okay. Did she stop coming to family
5 functions?
6 A Well, sometimes I didn't go to them, and
7 sometimes maybe she was there and I wasn't, and sometimes
8 maybe it was just one of those things that I didn't go to
9 some of them.
10 Q Okay. Had you and your brother ever had a
11 falling out w ith one another?
12 A Oh, yes, when we were young we did, but after
13 we was grown, no. We never had a cross word after we was
14 grown, neithe r one of us
15 Q If I were to tell you that what's been
16 labeled as Pe titioner's Exhibit No. 4 was some notes about
17 your brother' s estate plan, would you be surprised that he
18 didn't includ e all of the siblings?
19 A I would have.
20 Q Why is that?
21 A Why would he name three of them, and didn't
22 name the othe rs?
23 Q You are not aware of any argument or anything
24 that happened that he might decide to only give to three of
25 his siblings and not the other?
144
A No. I couldn't understand this right here.
2 Q You don't understand that?
3 A No, sir. I don't understand why he would put
4 three of them on here and not the other two.
5 Q Okay.
6 A Why would you name three of your siblings and
7 not name the other two?
8 Q Was there -- do you recall your mother's last
9 birthday part y?
10 A Yes. The last one we had he kind of stood
11 back and he d idn't have a whole lot to say to nobody.
12 Q What year was that?
13 A We had her birthday -- she passed away in --
14 it was '06. She passed away in '07.
15 Q Okay. She died in I believe the testimony --
16 A She died in January of the 17th of '07.
17 Q Okay.
18 A And he died in '08 in September 26th. So it
19 had to be the year before.
20 Q Okay. So --
21 A So it had to be '06 in March the 18th.
22 Q March the 18th of 2006?
23 A Um-hum. That is when her birthday was.
24 Q That is when your mother's birthday was?
25 A That is when it was, and we had it on the
145
weekend close in date to that.
2 Q Okay. Do you recall whether or not William
3 Irving Evans was at that birthday party?
4 A Yes, he was there.
5 Q And how would you describe his behavior
6 during that birthday party?
7 A Well, first of all, when he came down he got
8 lost, and someone had to go up next to Richmond and get him
9 to bring him down.
10 Q Okay.
11 A And then after he got there he didn't talk to
12 me like he no rmally talks.
13 Q Did he talk to you at all?
14 A He talked to me some, but not a whole lot.
15 Q Did what he say -- did what he was saying
16 make sense to you?
17 A Some of it and some of it not.
18 Q Okay. Can you recall anything specific he
19 said that you thought was strange?
20 A Well, it was a lot of people in there, and so
21 forth, and he just was saying, oh, when did all of this take
22 place?
23 Q What do you mean?
24 A I think he was talking about the birthday
25 party. He sa id when did this take place? And I said today.
146
I said it mother's birthday. Oh.
2 Q So he didn't know why he was there at that
3 point?
4 A Well, I didn't go into all of that, to find
5 out after he said that. After I knew the condition that he
6 was in, I didn't ask him and go into a whole lot of things.
7 Q What do you mean the condition that he was
8 in?
9 A Well, I knew that when he would talk to you
10 he would bounce around or jump around or whatever when he
11 was talking to you.
12 Q Okay.
13 A And he would talk and then all of a sudden he
14 would be talking about things that happened when we was a
15 kid, and he said, do you remember when we went down to the
16 swimming hole? And then a few minutes he talked, and he
17 said, hey, do you remember when I worked at the service
18 station? He never finished a conversation, what he was
19 talking about.
20 Q Did you think he was confused?
21 A He had to be.
22 Q Did you ever discuss that with other family
23 members?
24 A I think all of the nieces and nephews and the
25 sisters and all talked about it.
147
Q Did you and Irma ever talk about it?
2 A No. I'm sorry.
3 MR. FINCK: Nothing further, Your Honor.
4 THE COURT: Okay. We will take a brief
5 recess and then resume. You can step down for a minute.
6 (A recess was taken at 3:00 p.m., and court
7 resumed at 3:18 p.m.)
8 MR. FINCK: Your Honor, I thought we would
9 finish with Mr. Evans. If you want to finish Jane now, that
10 is perfectly fine with me.
11 THE COURT: I think since she's sort of
12 donating her time here...
13 MR. FINCK: All right. We'll call Jane up to
14 the stand then.
15 Whereupon,
16 JANE ADAMS, ESQUIRE
17 having been duly sworn, testified as follows:
18 THE COURT: Would you state your full name
19 again, please?
20 THE WITNESS: Jane Adams.
21 THE COURT: Thank you.
22 DIRECT EXAMINATION
23 By MR. FINCK:
24 Q MS. Adams, prior to -- when you testified on
25 March 22nd I believe you indicated that you had written a
148
total of two wills for the decedent, William Evans; is that
2 correct?
3 A Correct.
4 Q And were there any other further wills?
5 A No.
6 Q Okay. Now, I believe you testified that
7 Mr. Evans showed up to your office one day, and I believe
8 the word you used was he was livid at the time. Do you
9 recall that?
10 A Yes.
11 Q Can you explain to the Court what you meant
12 by livid?
13 A Well, he had a big booming voice and he could
14 be very loud and I -- you know, I do recall a time I think
15 that he showe d up. I'm not sure which time you are
16 referring to though.
17 Q Was he livid on more than one occasion when
18 he showed up?
19 A Well, I had represented him for a matter of
20 pretty many y ears. So there were times during the course of
21 the litigation that he wasn't exactly happy, if you want to
22 put it that way.
23 Q Well, let me ask you this. How many meetings
24 were there with Mr. Evans in the spring of 2006?
25 A In 2006, I probably met with him two or three
149
times. I'm thinking three. His divorce was wrapping up,
2 and that was pretty much completed in September of 2005.
3 Q Okay. And what were the purposes of your
4 meeting in the spring of 2006?
5 A According to my recollection I think he -- he
6 showed up at my office with a note. He was the type of
7 client that would just pop in, and he was a very good
8 client. He always paid his bills on time and was very
9 friendly. So when he would pop in I would usually -- if I
10 wasn't doing anything, I would try to come down and speak
11 with him.
12 Q Okay. And I believe you testified earlier
13 that you hadn't seen him for a while prior to the time that
14 he popped in on you in the spring of 2006; is that correct?
15 A I don't think so. His divorce was final in
16 earlier 2005, but it took a while to wrap things up. So
17 there were quite a number of deeds that needed to be
18 prepared and filed. There were some medical expenses that
19 we were litigating about. So I think probably -- I stopped
20 seeing him frequently in about the end of September of 2005.
21 Q Okay. In your file when you were
22 representing him during the divorce was it -- did he
23 frequently show up with handwritten notes that he wanted to
24 talk to you about?
25 A I don't know. I know he frequently would
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just -- he would call a lot, and he would often stop by or
pop in. He might show up with a check or some kind of
document that I had needed. I don't know that he showed up
with like a lot of handwritten notes.
Q Do you have any handwritten notes in your
divorce file from him, other than the one that you said he
showed up with when he wanted to talk to you about his will?
A I have to look through that. I didn't look
through that for that purpose. I had actually purged some
of the file, but I usually keep the most important
documents.
Q Okay. The first time he showed up in the
spring of 2006, when he dropped in on you, was he livid at
that point?
A I think so. I just remembered him -- he was
upset at his son, and he was very upset at him, and I just
remember his big, booming, you know, voice, saying, you
know, something to that effect.
Q Okay. And what did he tell you about being
upset with his son?
A He said something about that he had purchased
a property -- I think it was in Virginia, and that he had
put it in his son's name because he didn't want his ex-wife
to get it, and that he wanted the son to transfer it back to
him after the divorce was over, and his son refused to
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transfer it back to him. That was something that he didn't
really discuss with me at length. I mean if he had asked me
about it, I might really have told him not to do it that
way, but this is something that he did on his own.
Q Okay. And did he talk to you about how you
could get the property back from the son? Did he ask you
about that at all?
A I don't think he really had any hopes of
that. He didn't really talk about that, and that was in
Virginia. So that wasn't really something that I was
equipped to deal with.
Q Okay. How long after that first meeting in
2006 was your second meeting?
A I don't recall. I would have to say it
probably -- he might have stopped in and indicated that he
was upset and he wanted to change his will.
Q Now you said that was at the first meeting,
correct?
A I think so, but I didn't have any record of
that in late April.
Q Okay. So you don't know when the second
meeting was?
A The second meeting, I believe, was April
14th.
Q Okay.
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A And I had a notation in my datebook that he
2 had an appoint ment that day around 2:00 or 2:30.
3 Q Okay.
4 A And I believe that was the appointment that
5 he came in to execute his will.
6 Q Okay. And I want to show you a document that
7 has previously been marked as Petitioner's Exhibit No. 4.
8 Do you recogni ze that document?
9 A Um-hum.
10 Q What is it? Is that a yes?
11 A Yes.
12 Q What is it?
13 A That's a letter that I wrote to you and
14 Attorney Mark Mateya, and it was a photocopy of a note that
15 Mr. Evans brou ght in.
16 Q And I will also show you a document. I will
17 ask that it be marked as Petitioner's Exhibit No. 7.
18 (Petitioner's Exhibit No. 7 was marked for
19 identification.)
20 BY MR. FINCK:
21 Q Can you tell the Court what this document is?
22 A This exhibit is a handwritten note. It is
23 written in Mr. Evan's handwriting, which I became familiar
24 with during the course of the divorce.
25 Q Okay. Did you see Mr. Evans writing this
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portion of the note?
2 A I didn't see him write it, no. I believe he
3 brought it in with him one day.
4 Q Okay. And you said -- you just now said that
5 you were famil iar with his handwriting throughout the
6 divorce. Why did you say that?
7 A The handwriting looks familiar to me. I
8 wouldn't quest ion that it was his handwriting.
9 Q But you didn't see him write it?
10 A I didn't, no.
11 Q Okay. And you also indicated that you don't
12 recall any other handwritten notes from him, correct?
13 A Well, I dealt with a lot of handwriting of
14 his through the course of the divorce. He wrote me a lot of
15 checks to pay my bills.
16 Q Did you go back and check this handwriting
17 against those checks?
18 A I paged through the file, yeah.
19 Q Okay.
20 A I mean --
21 Q When was the first time you learned that
22 there may be a question about whether this was his
23 handwriting?
24 A To me there was never a question.
25 Q Isn't it true you have that discussion with
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Mr. Mateya right before this -- you went on the stand today?
2 A I didn't interpret it that way.
3 Q Was there a discussion about the handwriting?
4 THE COURT: Let her finish her answer. Go
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THE WITNESS: That wasn't my interpretation.
I was showing him the note. I think I said I didn't see him
write it.
MR. FINCK: Okay.
THE COURT: Is there some issue in this case
as to whether these two documents were written by the same
person? Mr. Mateya, is that at issue?
MR. MATEYA: These two documents -- I think
this is the only one document we're talking about, am I
correct?
THE COURT: Okay. Is there some question as
to who wrote Petitioner's Exhibit 4?
MR. MATEYA: Yes, Your Honor, there is. I
was not aware that there was until today, Your Honor, but
there apparently is.
THE COURT: So your position is this was
written by the testator, and the other side's is it was not.
MR. MATEYA: I believe that is where they've
been heading today.
THE COURT: Is that your position?
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MR. MATEYA: My position was it was written
2 by the testator.
3 BY MR. FINCK:
4 Q Ms. Adams, did you and Mr. Mateya have a
5 discussion in the courtroom about whether -- about whose
6 handwriting this was?
7 A I think he asked me if I wrote anything on
8 the note and whose handwriting the green pen was or
9 something like that, but that wasn't my interpretation of
10 that conversation. I never had any question that that was
11 Bill's handwriting. It's been in my file for 5 years.
12 Q But you didn't see Mr. Evans write it,
13 correct?
14 A That is correct, I didn't see him write it.
15 He brought it in with him.
16 Q And are you saying you did go back and check
17 the handwriting against his checks?
18 A I paged through the divorce -- you know, the
19 whole file today and just looked over some of the documents
20 in there, but this was a long ongoing divorce. He wrote
21 many checks. He wrote -- there were a lot of documents I
22 mean for Domestic Relations and things like that.
23 Q But if you are saying that before today you
24 didn't know there was any question about his handwriting and
25 this document, why would you have gone back and compared it
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against the checks?
A I didn't specifically think there was a
question. I mean I went through the file because -- to
refresh my memory as to helpful things that might be helpful
today. I don't think that's correctly characterizing that I
was -- had a question and then went back through the file to
specifically verify it.
Q Okay. Tell me what happened the second time
when he came in to talk to you. Was he still upset at that
point with his son Danny?
A He was pretty much -- I mean not happy with
Danny, and he was disappointed, maybe he was a little less
animated. I mean on this note he had pretty much laid out
all of the addresses, that he wanted to give his
granddaughter a dollar and his -- you know, who -- what went
to who, and we discussed it and I made some changes and I
made some recommendations and things.
Q Okay. So prior to that did you ever talk to
him about wanting -- or about leaving the granddaughters a
dollar prior to when he brought you this note?
A I don't believe I did. I think that is
something that he came up with himself. He came up with
this scheme himself. I didn't suggest leaving anybody a
dollar.
Q Do you know whether anyone assisted him
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coming up with this scheme?
2 A I don't know.
3 Q You don't know?
4 A I don't know.
5 Q Okay. So the dollar idea for the son and the
6 two granddaughters, that was not your idea?
7 A Correct.
8 Q Do you recall anything else from the second
9 meeting?
10 A Well, at the first meeting I think we
11 discussed preparing the will and generally that I am a fan
12 of keeping things simple. So at the second meeting on April
13 14th he would have come in, and we would have gone over the
14 will, and he would have signed -- executed it and signed it.
15 Q You're saying would have. Do you
16 specifically recall that with this particular client?
17 A I mean yes, I remember him coming in, yes.
18 Q Do you remember what you discussed with him
19 when he was there specifically?
20 A I mean it's 5 years ago. As far as specific
21 statements, no.
22 Q Okay.
23 A I mean I remember him coming in, and usually
24 I go through -- it was a simple one page will so I usually,
25 you know, explain each section.
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Q Do you specifically recall explaining each
2 section to this client?
3 A Five years ago, no, I don't recall any
4 specific statements, but I remember him coming in.
5 Q Okay. How long was that meeting?
6 A I don't know. I mean typically it would be a
7 relatively short meeting, about a half hour. It is a one
8 page simple will.
9 Q Do you recall how long this meeting was
10 though?
11 A As far as if I had to say how many minutes it
12 was, I don't know. If I had to guess or -- I would say
13 probably about 25 minutes. Usually people come in, it's a
14 one page will, you know, I would have them sign it, discuss,
15 you know, what it means, and that is basically it.
16 Q Did he talk to you about why he was choosing
17 Irma -- or why he was including Irma on that list?
18 A I think he said something to the effect like
19 I want everything to go to my sister that -- I don't know if
20 they had a good relationship or -- I had never met Irma at
21 this point. I had never seen her or heard from her, but he
22 was fairly clear I mean so -- he had a good relationship
23 with her, and he thought she could handle things, and she
24 was responsible and they had --
25 Q He told you all of this at that meeting?
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A That was my impression. I don't recall his
2 exact words, but, you know, he trusted Irma. She stood by
3 him and --
4 Q How many siblings did he have?
5 A I think he had two other sisters, I believe.
6 Q And that was it?
7 A I guess, yeah.
8 Q Would it surprise you to learn he had more
9 siblings?
10 A It wouldn't surprise me if he had extended
11 family. I don't know. I didn't really get into that.
12 Q Did he talk to you at all about why Marie
13 Johnstin and Elizabeth Turner are listed on what's been
14 labeled as Plaintiff's Exhibit No. 7 -- Petitioner's Exhibit
15 7, I'm sorry?
16 A I remember he listed their addresses.
17 Q Why?
18 A I guess, you know, he was very thorough. He
19 was concerned, but when he came in he said -- with the note
20 he says, everything I own I want to go to my sister Irma,
21 and I guess at that point, you know, I was -- I'm not in the
22 habit of, you know, scrutinizing clients. I mean to some
23 extent I didn't feel like it was my business to really grill
24 him on, you know, his family past and relationships. I mean
25 he was pretty clear with what he wanted.
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Q Okay. But you didn't ask him why the other
two were included on that will -- or, I'm sorry, on that
Plaintiff's Exhibit No. 7?
A I don't remember. I don't think I asked him.
I guess I am assuming he wasn't getting along with them or I
don't know. I don't remember.
Q Okay. And am I correct that the -- on
Petitioner's Exhibit No. 7 the portion to the right-hand
side that says all real estate, cars, trucks, bank,
something, and IRA and insurance, that is in a different
colored font; is that correct?
A That's correct. It is in a green-colored
pen. It is still like the same handwriting.
Q Okay. And do you know who circled the
portion that says everything I own to and then it has all
three of the sisters? Was that done beforehand?
A I don't recall. I mean I couldn't possibly
have done that. I don't recall specifically. I just -- I
remember him bringing in the note and discussing it. I mean
it would be -- it might be typical of me to make notes or
things. So I don't know if I did that or if he did that.
Q Okay. And then the second page it appears to
have just at the top, Jane Adams, 2:00 p.m., Friday, April
14th, 2006. Did you write that?
A No.
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Q Did he write that?
2 A To me it looks like his handwriting, yes.
3 Q Okay. Did you see him write that?
4 A I don't remember.
5 Q So you don't recall seeing him write that
6 down while he was in your office?
7 A I don't recall specifically seeing him write
8 it. I mean it would make sense to me that maybe he wrote it
9 there or immedi ately afterwards after the first visit.
10 Q Well, am I correct this document was in your
11 possession, cor rect?
12 A Yes, it was in my divorce file.
13 Q Okay. Why would he have written that down to
14 remind himself -- can you think of any reason why he would
15 have written th at down to remind himself, and then left the
16 document with y ou?
17 A I don't recall. I mean I don't know if he
18 brought it back then the second time. He was pretty -- he
19 liked to have t hings documented. I mean I don't know. It
20 was in my file.
21 Q Didn't you need the document to create the
22 will before the second meeting?
23 A I could have done that or I might have made a
24 copy. I had a copy machine right next to my desk. So I
25 honestly don't remember which way I did it.
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Q Did you explain the seriousness of giving
someone a Power of Attorney?
A I believe so. Usually I would discuss that
as well. I mean we go through the whole -- you know, the
sections and what each section means.
Q Okay. I will show you a document. I'll ask
that it be marked as Petitioner's Exhibit No. 8.
(Petitioner's Exhibit No. 8 was marked for
identification.)
BY MR. FINCK:
Q Do you recognize this document?
A Yes.
Q What is it?
A It's a Power of Attorney that Mr. Evans
executed.
Q And did he do that at the same time as he
executed the April 14th, 2006, will?
A Yes.
Q Okay. And did you discuss that with him at
the time of the execution or at the prior meeting?
A Can you ask the question again?
Q Sure. Did you discuss with him the
importance of a Power of Attorney document at the first
meeting with him or the second meeting when he executed it?
A I believe -- I mean if he came in the first
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time unexpectedly I wouldn't have had that document ready.
2 So I believe -- I am trying to recall specifically, but I
3 believe it would have been at the time of execution.
4 Q Okay. Did you ever tell him that he needed
5 to get the Power of Attorney to sign the Power of Attorney
6 document?
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A That he needed to sign it?
Q That he needed to get the person he was
appointing to sign it?
A I believe so, yes.
Q Do you recall specifically doing that?
A I think -- yeah, I attached -- there's an
acknowledgment of the agent.
Q I am asking you whether you specifically
recall having that discussion with him as you are sitting
here today.
A I think I did tell him. I mean we went
through the document, and there was the acknowledgment of
the agent, and I think I said, you know, that an agent's
supposed to sign. She's not here. I can't notarize that.
Q Okay. Did you ever tell him he also needed
to get the beneficiary or the executor of his will to sign
the will document?
A I don't recall. Could you say that again?
Q Sure. Did you ever tell him that he needed
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to get the beneficiaries or the executor appointed in his
will to sign the will document?
THE COURT: Say that again. Did she tell him
MR.
THE
to get the benefit
MR.
THE
THE
that.
BY MR. FINCK:
FINCK: Did she tell --
COURT: Wait. Did she tell him he needed
iaries of the will to sign the will?
FINCK: Correct.
COURT: Okay. Did you tell him that?
WITNESS: I don't remember telling him
Q Did you ever tell him he needed to get the
executrix to sign the will?
A I don't recall.
Q Do you recall any discussion about any of the
other siblings aside from Irma?
A Not in great detail, no.
Q Do you remember anything at all? You said
not in great detail?
A I mean I remember him mentioning the names
that he had listed the addresses. I don't believe we went
into that very deeply. Again, I mean I guess I felt that
this was his decision. I don't normally scrutinize, you
know, people's decisions. So I don't think they were in as
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good a favor as Irma but --
2 Q What do you base that statement upon?
3 A Well, I think he talked highly of Irma. I
4 mean he talked -- it sounded like they had a good
5 relationship.
6 Q What did he say about her?
7 A I mean I think he felt like he trusted her
8 and she had stood by him.
9 Q What do you mean by stood by him?
10 A Well, I can't -- I guess that is just a
11 general feeling. I can't recall any specific statements.
12 That was just my general impression, I guess.
13 Q Did you ever ask him why he was choosing
14 Irma?
15 A I don't think I ever specifically asked him
16 why he was choosing Irma. I think he volunteered that. He
17 said I want everything to go to Irma, and I think said --
18 basically said, well, okay, you know, if that is what you
19 want, that is fine.
20 Q After you drew up the will did you send it to
21 him to review ahead of time?
22 A I don't believe that I did. I don't recall.
23 Q Is it possible that you only had one meeting
24 with him in the spring of 2006?
25 A I know -- I think he was in at least twice.
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Let me say that. I mean I am not sure exactly because I
2 didn't keep the time records like I did for the divorce, but
3 I think he was in at least two or three times. I think it
4 was three, I am guessing.
5 Q What was the purpose of the third meeting?
6 A Well, he would have stopped in on the Monday
7 after the Friday appointment to pick everything up.
8 Q You mean he didn't take the original with him
9 when he left?
10 A No, because usually what I do is I have the
11 clients sign everything at that time, and then I would
12 retain it and then just review everything and make sure that
13 everything is correctly filled out. I usually make a copy
14 for my file and give the client -- have the client come back
15 in and just hand them the original.
16 Q Okay. And you don't do that all at the one
17 time when he signs it?
18 A Generally not because I found I like to --
19 you know, I would notarize it there, but I like to go back
20 and make sure that everything's -- right after the client
21 leaves, I would go back again and just double check the
22 dates and double check, you know, that the notary's filled
23 out correctly, everything's in order, because I find that if
24 I try to do that and copy it when the client is there, it is
25 a lot harder. The clients always wants to talk, and I can't
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concentrate on fixing -- you know, correcting or making sure
the documents are correct.
Q But again, you said you're not certain how
many meetings there were; is that correct?
A I mean as far as specific recollection, I
don't know. I believe there were at least two. I believe
according to my records, and my datebook he was -- I had an
appointment for him on Friday, April 14th, and I had made a
note that he was coming back on Monday.
Q Okay.
A I think he -- I mean again he was the type
that would -- I didn't find another appointment in my book.
I don't think he -- I think he probably did stop in because
I don't like to just write the will up, you know, at a
moment's notice, but I don't have any record of that, you
know. I don't have any record that he called for a third
appointment.
Q Okay. Do you recall whether anyone was with
him during these meetings?
A I don't believe anyone was with him.
Q Okay.
A I don't recall anybody being with him that
time.
Q Do you know how he got to the meeting?
A I think he drove.
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drove.
Q Do you know that?
A I didn't see him drive, but I assumed that he
Q And did you type the will up yourself?
A Yes.
Q You don't have a secretary?
A No. I do office sharing. So we have a
secretary but -- or I had a secretary also at that time.
She would mostly answer phones, take messages, maybe do some
scheduling, but I usually did all of my typing. I do all of
my typing. She would not type it.
Q Okay. I would like to put what has been
previously marked as Petitioner's Exhibit No. 2 in front of
the witness. I am showing you what has been previously
entered as Petitioner's Exhibit No. 2. Is that the will
that you drafted in the spring of 2006?
A Petitioner's 2 is the will from August 2nd of
2005.
Q Strike that. I will ask that you take a look
at what has been previously labeled as Executrix Exhibit
No. 1. Is that the 2006 will that you drafted?
A Yes.
Q Okay. And it says item one -- it has item 1,
item 2, and item 4. Do you know why there's no item 3?
A Probably because I messed that up. It looks
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like just an error to me.
2 Q Okay. And was this will done in a hurry?
3 A I don't believe so. I mean it was probably
4 my mistake, but I don't believe -- I don't recall it being,
5 you know, expedited sort of thing.
6 Q Okay. And it says in here I have
7 intentionally not included my son, Danny B. Evans, in this
8 my last will and testament. Did you choose that language or
9 was that his language?
10 A I think that was language that I suggested.
11 We discussed his note, and he wanted to leave Danny a dollar
12 and some of the grandchildren a dollar, I believe, and I
13 think I said, well, you know, let's try to keep things
14 simple, and let me, you know, suggest some language. That
15 was language suggested by me.
16 Q Okay. What about the granddaughters? Why
17 were they not included in this will?
18 A I think our discussion was along the nature
19 of simplicity keeping things --
20 Q Do you recall that specifically?
21 A Yeah, I remember saying, look, you know, why
22 make things more complicated than really you need to make
23 them? I think you could solve this all and just make it
24 clear with a simple statement.
25 Q But in the note he wanted to give a dollar to
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Danny, a dollar to each of the two granddaughters, correct?
2 A Yes.
3 Q And you thought it would be too complicated
4 to include the granddaughters in that line, I have
5 intentionally not included my son, Danny B. Evans?
6 A Yes. I recommended that he use that
7 language. His intent was to not include Danny. So I
8 believe I recommended that he use this language that I
9 added, and again, we discussed this and I said, well, you
10 know, maybe we just want to leave that -- the dollar
11 designation out to the grandparents or the grandkids.
12 Q I'm talking about the two granddaughters.
13 Did you think it was too complicated?
14 MR. MATEYA: Your Honor, I object. I think
15 she's answered this about four times already.
16 MR. FINCK: I haven't heard a clear answer
17 yet, Your Honor.
18 THE COURT: If you think it is important you
19 may ask it one more time, but I really think we are imposing
20 on Ms. Adams quite a bit in this case. But go ahead.
21 THE WITNESS: I can just say yes, I think I
22 did. I'm a big fan of simplicity. I get a lot of clients
23 who want to leave, you know, $10 here or little gifts to a
24 lot of different people, and I usually counsel my clients as
25 I did in this case, that, you know, the simpler the will is
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the better, and maybe he wanted to leave that out. So, yes,
2 I did think it was a burden to put that in, and it didn't
3 really make the point that he wanted to make anyway.
4 Q What was that point?
5 A That he did not want to include his son in
6 his will.
7 Q What about the granddaughters?
8 A I think he -- my interpretation was that he
9 was just sort of doing that to make a point, that he -- it
10 was almost to be an insult to them, that he would just leave
11 them a dollar, and I think I said, well, that is not
12 necessary, but I don't remember where he got the idea of the
13 dollar. He got that from somewhere else, but it was almost
14 like he wanted to send a message to them that he was only
15 leaving them a dollar, and I said, well, maybe that was a
16 little bit of overkill. I thought it was better to keep it
17 simple.
18 Q So now you do specifically recall that
19 conversation?
20 A Which conversation?
21 Q The one you just said, that you told him it
22 would be too difficult to include the daughters?
23 A Well, I don't recall the specific language,
24 and I don't understand the distinction of whether or not
25 it's difficult. I mean it wouldn't be that difficult for me
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personally to, you know, add two more lines. That wasn't
2 the issue. It was that I think he thought that it was more
3 simplistic and effectuated the same purpose, to use the
4 recommended language. It was also maybe a little less
5 offensive, you know, to the granddaughters.
6 Q Did he ask any questions about the will when
7 he met with you?
8 A I think we had a discussion.
9 Q Do you recall specific questions that he
10 asked you about it?
11 A No, not really. I mean I remember meeting
12 and having a discussion. As far as remembering a specific
13 question from five years ago, no, I can't, you know, state
14 what that would be.
15 Q Did you ever notice that he tended to ramble
16 on when he lspoke with you?
17 A Yeah, he did ramble a lot. He rambled
18 through the divorce too. He talked a lot. He liked to
19 talk. He liked people, and, yeah, he did talk a lot. And I
20 think I was probably maybe one of his only friends -- or not
21 really a friend, but I don't think he had a lot of contacts,
22 and he had a lot of, you know, things going on at that time,
23 but yes, I would agree with that characterization, that he
24 talked a lot.
25 Q Why do you say you don't think he had a lot
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of friends?
2 A Well, I can't really know that, but, you
3 know, he was an older gentleman who was going through a
4 divorce that was pretty difficult on him and he lived alone.
5 So I really don't know, to be honest. I don't have any
6 actual knowledge of his personal life but --
7 Q That was the impression you had though?
8 A Yeah. He liked people, but, yeah, I don't
9 know the extent of his support, you know, at that time, but
10 yes, he did talk to me a lot.
11 Q Okay. Do you have any medical training at
12 all, Ms. Adams?
13 A I don't have any medical training, no.
14 Q Have you ever had a client with a mental
15 illness before?
16 A Yes.
17 Q Have you ever had to diagnosis someone with a
18 mental illness?
19 MR. MATEYA: Objection, Your Honor. She
20 can't diagnose a mental illness.
21 MR. FINCK: I'll withdraw that, Your Honor.
22 BY MR. FINCK:
23 Q Ms. Adams, have you ever refused to do a will
24 because someone you thought had a mental disorder?
25 A I think maybe once, but I have been appointed
174
on guardianships. So I have worked with, you know, clients
2 who have mental diagnoses.
3 Q Okay. And when did you start -- when did you
4 become appointed as a guardianship? Was it before or after
5 this will?
6 A I believe Judge Bayley started putting me as
7 court-appointed for alleged incapacitated persons probably
8 after this will. However, before this will I also have done
9 an extensive amount of work doing court-appointed work for
10 parents involved with Children and Youth actions and many,
11 many of those clients have mental health diagnoses.
12 Q Has there ever been a time when you
13 specifically refused to draft or proceed with the drafting
14 of a will because you thought that the person did not have
15 testamentary capacity?
16 A I believe one time.
17 Q Do you specifically recall who it was --
18 without saying a name?
19 A No.
20 Q Now, during the meeting where he signed the
21 will, did you see Mr. Bayley speak with him?
22 A Yeah, he would have been in the office. He
23 was in the office right next door to me. We both did office
24 sharing in the same building. So he was in the office right
25 next door.
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Q Okay. Did you see him speak with Mr. Evans?
2 A I don't know that they really had a
3 conversation. I called him over and said, you know, hey,
4 there is somebody in my office, you know, he is signing a
5 will, come be a witness.
6 Q Okay. So your answer is, no, they didn't
7 really have a conversation?
8 A Not really unless he would have -- he might
9 have said something like, hi, how are you or something like
10 that.
11 Q You don't recall any specific conversation?
12 A No.
13 Q Between Mr. Bayley and Mr. Evans?
14 A No.
15 Q What about between Mr. Evans and Ms. Ege?
16 A Ms. Ege was Mark's specific dedicated
17 secretary, and she would have been in that same next-door
18 office. So I don't recall any specific conversation again.
19 You know, I have the client there, and then I went over, and
20 you know, peaked in the door, and said, hey, come on over
21 and witness this will.
22 Q Was he still upset with his son the day that
23 he signed the will?
24 A Yeah. He was pretty consistently upset. I
25 mean maybe he was a little less animated, but I don't recall
176
really hearing a conflict or that his position had changed.
2 I guess my, you know, attitude was well, you know, it is
3 your will and it is your money. I mean that is fine with
4 me.
5 MR. FINCK: Nothing further, Your Honor.
6 THE COURT: Okay. Mr. Mateya.
7 MR. MATEYA: Thank you.
8 CROSS EXAMINATION
9 BY MR. MATEYA:
10 Q Ms. Adams, in the first of the two wills we
11 discussed, the first one drafted in 2005 by you for
12 Mr. Evans, who was there with Bill as you recall? Do you
13 recall if anybody brought him there that day or was with him
14 that day?
15 A I remember Danny coming to the office around
16 that time, and I think he might have been there that day.
17 I'm not really sure. Either at the first appointment, but I
18 remember seeing Danny at the office around that time, yes.
19 Q And did you have any question about his
20 capacity to enter a will at that time, again the 2005 will?
21 A Of Mr. Evans?
22 Q Mr. Evans?
23 A No.
24 Q Okay. You said I believe you had been
25 representing him in 2005, I'm sorry around 2002.
177
A I think that is correct, yes. His divorce
2 lasted a couple years.
3 Q And did you see him regularly from '02 to
4 '05?
5 A Yes, I did. I think -- according to my time
6 records I think I logged about 30 hours on his case.
7 Q Okay. All right. And t hose 30 hours are the
8 years that you represented him up until 2005, and including
9 when you drafted this will, did you see anything or hear
10 anything that made you doubt his mental capacity?
11 A I really didn't have any concerns about his
12 mental capacity. I mean he was seventy something. He did
13 talk a lot. He did repeat himself. I think that was also a
14 part of his frustration, you know, over the divorce process.
15 Q Okay.
16 A But it never occurred to me that he wouldn't
17 be able -- or wouldn't have the capacity to execute a will.
18 Plus he was pretty clear when he came in as to what he
19 wanted.
20 Q And did you have a sense that he knew in his
21 own mind at that point as far as -- I'm following up. You
22 said he was pretty clear.
23 A Yeah. He was clear and consistent. I mean
24 he was clear. He had a big, loud voice, and he, you know,
25 was -- he was consistent the times that he came in.
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Q You mentioned a few times that he was over
2 seventy. Have you written wills for folks over seventy
3 before?
4 A Sure, yes.
5 Q Okay. And are you comfortable working with
6 senior clients?
~ A Yes.
8 Q Okay. Did you hear anything that made you
9 think that someone else was directing his steps?
10 A From Bill on the second will?
11 Q We will go to the first will first and then
12 I'll jump over and ask similar questions.
13 MR. FINCK: I'm going to object, calls for
14 speculation.
15 THE COURT: Mr. Mateya.
16 BY MR. MATEYA:
17 Q Do you ever recall Bill saying, well, so and
18 so told me to do this? Or this person told me I should do
19 it this way?
20 A No.
21 Q Okay. All right. The will that was written
22 in 2006, the se cond of the two wills, I believe you already
23 said that there was nobody with Bill that day, is that
24 correct, when h e came in -- on both times that he came in?
25 A I believe that is correct. I don't recall
179
anyone coming in with him or if there was someone in the
2 waiting area, I don't recall that.
3 Q Okay. That is fair. And had you met Irma
4 Davenport before that time before Bill drafted his will in
5 2006?
6 A No.
~ Q Okay. Had you ever talked to her on the
8 phone?
9 A No.
10 Q All right. When was the first time that you
11 talked to Irma Davenport?
12 A Well, after he died she came to my office.
13 I think she probably -- I believe she called first. I'm not
14 sure, but it was pretty soon after he died she came to my
15 office for an appointment.
16 Q Now --
17 THE COURT: If I might interrupt, I can't
18 remember whether you said whether you kept the wills or did
19 you give them back to the client, the original wills?
20 THE WITNESS: At one point I used to keep the
21 wills, and then I decided that that wasn't a very good
22 practice. So then I started giving them to the clients
23 after going to a CLE, I didn't want to retain any originals
24 in my file anymore.
25 THE COURT: And how about this -- the second
180
will?
2 THE WITNESS: I would have to think about
3 that. I don't recall. At one point I changed my policy
4 because I didn't want to have the responsibility of these
5 original wills, and oftentimes I lose contact with clients
6 and things. So I don't remember whether I kept -- I don't
7 think -- I don't know for sure. I don't think I kept the
8 original because there was a copy in my file, but I would
9 have to think about that.
10 THE COURT: Mr. Mateya.
11 BY MR. MATEYA:
12 Q Okay. Just to pick back up then. When you
13 opened your file you found a copy not the original?
14 A I believe so, yes.
15 Q Okay. Whenever Bill was there in April,
16 again whether it was two visits, you said there might have
17 been a third. Do you recall him saying anything, for lack
18 of a nicer way to say it anything crazy that day?
19 A No. His explanation was pretty consistent.
20 Again, I didn't take independent steps to verify that.
21 Q Okay.
22 A This was in Virginia. This was something
23 that went on without him telling me. So I didn't do
24 anything to verify that what he said was true, but when he
25 told me he was pretty consistent over a couple times.
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Q And just the fall before that, when you were
2 finalizing the divorce, am I correct that Bill had to help
3 make many decisions about what was going to happen with the
4 divorce, what offers were going to be made, and so forth,
5 was he always clear enough about those decisions as well?
6 A Well, right. I think the divorce I believe
7 was finalized -- I believe it was mid-2005. After the
8 actual divorce decree was entered, we had -- he had quite a
9 number of properties, and he was always concerned about his
10 properties so we had to execute about eight deeds, get
11 everything transferred. There was a question about medical
12 expenses and then getting the alimony order. So I think we
13 wrapped that up around the end of September of 2005.
14 Q And those properties, you said maybe
15 approximately eight different properties, did he have to
16 hire somebody else to take care of that for him or was he
17 able to take care of that himself, to the best of your
18 knowledge?
19 A He took care of them himself. He was kind of
20 like a self-made man. He was a trucker. And then he worked
21 on these properties and had built the house himself with his
22 own hands. So he had about -- oh, I would say about eight
23 different properties and deeds that we had to do, but he was
24 very concerned about property in general and about his
25 houses, and he lived next to the one tenant. He took care
182
of that. He was always talking about, you know, taking care
2 of the heater or taking care of this or that. And then at
3 the end of the divorce he was quite upset because he had to
4 give abo ut half of those properties to his wife. So he was
5 quite up set about that.
6 Q Okay. So properties in particular were
7 importan t to him?
8 A They were very important to him. He felt
9 that he had worked very hard to build these properties up.
10 He would manage them. He didn't have an independent person
11 managing them. He paid the taxes. He had all of the tax
12 records. So that was another reason why he -- I am assuming
13 he was upset about this property in Virginia. I think he
14 wanted - - my understanding was that he wanted to move down
15 there. It was a gas station or something on it. He wanted
16 to move down there and fix it up and be closer to his
17 family.
18 Q Do you recall that day, in 2006, those
19 meetings in 2006, did he propose making any testamentary
20 gifts of items which you knew he did not own?
21 A No. I had a pretty extensive list of those
22 items as far as divorce because it was so drawn out. You
23 know, we had a list of the items and things so -- but this
24 was just a very simple will.
25 Q Would you say that he was clear and he did
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know what his estate consisted of?
A Yeah. Yeah. I mean we had just transferred
all the deeds. I had actually this was a case where we had
to, you know, get an appraisal of the personal property and
things and so I didn't really question it. I mean he came
in and said that is what he wanted so I said okay.
THE COURT: How did the divorce end? Was it
with an amicable settlement or was it after a Master's
hearing?
THE WITNESS: We did have a settlement. It
was a long process, a long ongoing divorce. Like I said, it
probably took about 3 years. There were eight properties.
He was really pretty upset by it because there was -- I
guess he had a pension, a Teamsters pension, and he was
pretty upset about things being split up. So while it did
settle it wasn't -- I can't say it was the easiest case, and
he was pretty upset about giving away his property.
THE COURT: And when was the divorce
finalized?
THE
to say I think it
THE
THE
THE
MR.
WITNESS: I would have to check
is June or mid-year of 2005.
COURT: Okay.
WITNESS: June, I believe.
COURT: Okay. Mr. Mateya.
MATEYA: Thank you.
I want
184
BY MR. MATEYA:
2 Q Concerning the note which we have discussed
3 before that was brought in, you have already said that it
4 never occurred to you that this wasn't Bill's writing; is
5 that right?
6 A Correct.
7 Q Yeah.
8 A Yeah, I didn't see him write it, but it is
9 consistent, you know, with his writing that he brought in.
10 Q Okay. Do you recall Bill saying that he
11 chose the sibli ngs that he did and not others because the
12 others didn't n eed financial assistance or financial help?
13 A I don't remember. I don't know.
14 Q That's okay. That is fine. Tell me, do you
15 routinely spend twenty to thirty minutes with each client
16 who is executin g a simple will?
17 A Yes.
18 Q And you routinely explain each clause each
19 issue that you need to with them?
20 A Yes.
21 Q Okay. And five years ago was it your routine
22 to explain each part of the will, and if there was something
23 maybe special o r different to explain that to them as well?
24 A Yes.
25 Q Okay. So to the best of your recollection is
185
that what you did with Mr. Evans?
2 A Yes. I mean also -- I mean, like I said, I'm
3 a sole practitioner. I don't have any real support staff.
4 So it is not like I would have anybody else do that.
5 Q And were you satisfied that Mr. Evans knew
6 who the natural objects of his affection were?
7 A Yes.
8 THE COURT: The natural objects of his
9 bounty?
10 MR. MATEYA: Thank you, Your Honor. Yes. My
11 apologies, natural objects of his bounties.
12 BY MR. MATEYA:
13 Q And that same question, are you satisfied
14 that he knew the natural objects of his bounty were?
15 A Yes.
16 Q Okay. Have you continued to write wills as a
17 part of your practice since that time?
18 A Yes.
19 Q Okay. And I had asked you if you had heard
20 from Irma Davenport. Did you hear from Bernard Davenport
21 before this will was drafted?
22 A No.
23 MR. MATEYA: Your Honor, I have no further
24 questions.
25 THE COURT: Okay. Mr. Finck.
186
MR. FINCK: Thank you.
2 REDIRECT EXAMINATION
3 BY MR. FINCK:
4 Q You indicated that he was frustrated about
5 his divorce?
6 A Yes. I can't really ever say anybody's
7 really happy about a divorce.
8 Q You said that in particular in having to deed
9 over half of the properties to his ex-wife was very painful
10 to him; is that correct?
11 A He didn't enjoy it. I mean it wasn't exactly
12 a pleasant experience, if you want the honest truth.
13 Q What did he say to you that made you believe
14 that he was having particular difficulty with deeding over
15 the properties?
16 A I guess -- I mean at that point I don't think
17 when we actually signed the deeds -- it was a process. This
18 was like a three yearlong process. So I mean he didn't give
19 any -- he wasn't crazy about coming in to sign the deeds,
20 but he knew that he had to do it, that was the agreement,
21 but yes, I mean it wasn't -- he was not -- who would really
22 be happy about, you know, going through a divorce and
23 splitting up their property? You know, I think his reaction
24 was pretty reasonable.
25 Q Okay. Did you ever find that he was
187
repeating the same thing to you during that period?
2 MR. MATEYA: Objection, Your Honor. I think
3 we have already covered the fact that he was repeating
4 himself from time to time.
5 THE COURT: I think she said he repeated
6 things, but you may ask the question.
7 THE WITNESS: Yeah, he did repeat things a
8 lot. I mean I never felt alarmed or felt that he was not
9 competent. I also viewed it as sometimes, with my clients,
10 as sort of like therapy, but yes, he did repeat things. He
11 was -- you know, he did repeat things.
12 BY MR. FINCK:
13 Q Ms. Adams, you are actually the one that
14 assisted Ms. Davenport in probating the original will; is
15 that correct?
16 A Yes.
17 Q So again, you looking into your file now and
18 not finding the original would come as no surprise because
19 the original would have been probated some years ago,
20 correct?
21 A Correct. That was I guess that would be a
22 couple years ago.
23 Q And I believe you testified earlier that you
24 couldn't remember whether or not you had given him the
25 original or kept it, correct?
188
A That's correct. I mean it's been so long ago
2 now I don't recall if this was one that I kept or that I
3 gave to him. Like I said, at some point on the road I
4 changed my general policy on that.
5 Q Okay. And you withdrew from this case when
6 there was a contest to that will; is that correct?
7 A That's correct.
8 MR. FINCK: Okay. Nothing further, Your
9 Honor.
10 THE COURT: All right.
11 MR. MATEYA: Nothing further, Your Honor.
12 Thank you.
13 THE COURT: You may step down. Thank you.
14 May this witness be excused?
15 MR. FINCK: Yes.
16 MR. MATEYA: Yes.
17 THE COURT: All right. You may stay or leave
18 as you choose. Thank you.
19 MR. FINCK: Your Honor, I want to finish
20 Mr. Evans today if possible, and also I have another sister.
21 I don't expect her to take more than 20 minutes.
22 THE COURT: Oh, we are not going to do that
23 today. You can try to get the gentleman in. I don't know
24 if you will be able to do that because I need to adjourn at
25 4:15, but why didn' t you bring him back to the stand.
189
MR. FINCK: Okay. Mr. Evans.
2 (Thomas C. Evans resumed the stand.)
3 THE COURT: For the record, would you state
4 your name again please?
5 THE WITNESS: Thomas C Evans.
6 THE COURT: Thank you.
7 CROSS EXAMINATION
8 BY MR. MATEYA:
9 Q Mr. Evans, I am going to walk over here just
10 to make sure - -
11 A Please do, because there's an echo in here.
12 Q Yes.
13 A I can hear some of it, and some of it I
14 can't.
15 Q Okay. Mr. Evans, how often did you see your
16 brother Bill in person, let's say in the year 2005?
17 A Maybe six times.
18 Q Okay.
19 A I'm just thinking back. I mean when you stop
20 and think six years ago how many times...
21 Q Sure.
22 A I would say maybe a half dozen.
23 Q That is fair. And then as the years went on,
24 I am just going to ask you about 2006; 2007, would you say
25 it was the same or did it get to be less?
190
A It probably was less.
2 Q Okay. when Attorney Finck was talking with
3 you he asked about his behavior, and you made a comment
4 about Bill's behavior, and up to 2006 you said he was not
5 himself, but now you are only saying you only saw him maybe
6 a half dozen times, maybe more or less. So could you
7 explain -- be tween those two -- when you say his behavior,
8 are you simpl y talking about his telephone behavior?
9 A His telephone behavior.
10 Q Okay.
11 A And also when he came down to the family
12 reunion you c ould tell a little difference in him.
13 Q Okay. Did you visit him in Pennsylvania?
14 A No, sir.
15 Q Okay.
16 A No, sir.
17 Q In 2005 or 2006?
18 A No, sir.
19 Q Okay. All right. And I believe you said his
20 initial react ion when he learned that the store was burned
21 up is he was pretty upset; is that right?
22 A Yes, sir. Yes, sir, he was.
23 Q Okay. Now I believe you said that he was
24 confused, and I have down here that you said he was confused
25 about everyth ing; is that right?
191
A Yes.
2 Q But he was clear that he gifted the property
3 to Danny afte r you talked with him; is that right?
4 A Yes, he agreed -- he told me that before.
5 He said that before when he first gave it to him and put it
6 in his name b ecause he didn't want his wife to get any of
7 it, and he sa id Danny was the only child he had and he and
8 the girls wou ld get everything that he had. I didn't ask
9 him for it. He volunteered and said that. And we even
10 looked at the building before he bought it.
11 Q That's fine. Okay. I thank you. You said
12 -- I believe you said you worked with him for about two or
13 three years?
14 A Yeah, we worked together.
15 Q How long ago was that?
16 A That was back in the late 50's.
17 Q The late 50's?
18 A In the 50's before he went to driving a
19 truck.
20 Q So when you said --
21 A He went to work Cochran first and then he
22 left Cochran and he came to Pennsylvania.
23 Q So when you said that, no, no, I worked with
24 him for three years, I have seen his handwriting, you
25 compared that to what you saw when you worked with him?
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A He worked at a gas station. I usually helped
wash the cars and grease cars and stuff like that when I was
a youngster growing up, and he was kind of running the
service station. So he was kind of in charge when the boss
was gone or when the owner was gone.
Q All right. Thank you. Thank you. I
appreciate that. You said that there was a time in 2006
when it was one of the events down in Virginia that someone
had to go to Richmond to pick up Bill. You don't know who
that was, do you?
A Yes, it was Irma Davenport.
Q Okay. You don't know any way in which Irma
Davenport was assisting Bill with his everyday routine
affairs, do you?
A I have no idea, no.
Q You can't point to anything that Irma
Davenport was doing to control Bill Evans, can you?
A I'm sorry, I could not have.
Q When Bill wrote that will in 2006, the one
that we have been talking about here, you don't know what
actions he took to write that will, do you?
A He never mentioned it to me.
Q Okay. Did he ever ask you for advice on
that?
A No, sir, he never did.
193
Q And you don't know if he talked to one lawyer
2 or five lawyer s, do you?
3 A I have no idea.
4 MR. MATEYA: I don't have any other
5 questions, You r Honor.
6 THE COURT: Mr. Finck.
7 REDIRECT EXAMINATION
8 BY MR. FINCK:
9 Q Mr. Evans, what is Bernard Davenport's
10 relationship t o Irma?
11 A Her husband.
12 Q Okay. And you indicated that -- in response
13 to one of Mr. Mateya's questions you indicated that you had
14 no idea what I rma was doing to control Bill, correct? Is
15 that a yes?
16 A Yes.
17 Q Okay. But yet you previously testified in --
18 as part of my direct examination that Irma was the one that
19 told Bill that the store had burnt. Do you recall that?
20 A Yes, sir. Yes.
21 Q Do you recall what specifically he said?
22 A Well, he said that -- when he called me he
23 was all upset, and I said what is wrong, and he said Irma
24 called me and said that Danny done stole your property. Now
25 he done burnt your building up, your store up. And that is
194
when I had to try to calm him down and -- because he was all
2 upset.
3 Q And in your opinion he was upset because of
4 something Irma had told him, correct?
5 A That is what he said. How would he --
6 THE COURT: I'm sorry. When was this?
7 THE WITNESS: This was the day -- the store
8 was burned up at 5:00, they burned it up that night. The
9 next night when I came in from work, it was somewhere around
10 6:00, he called me and here's what he was telling me, that
11 she called him and said that he had them burn the store.
12 THE COURT: But when was this, do you think?
13 What year? What month?
14 THE WITNESS: I don't remember the month or
15 the time. It was before his granddaughter built her house
16 on the property because it had to come down. The building
17 had been getting in real bad shape and was about to fall
18 down.
19 BY MR. FINCK:
20 Q Danny testified it was on his birthday in
21 2006, which is March 27. Do you disagree with that
22 statement?
23 A Beg your pardon?
24 Q Danny previously testified that it was March
25 27th of 2006, that the store was burned?
195
A It was in the spring of the year.
2 Q Of 2006?
3 A I think that is when he said it was.
4 Q And you're saying then the very next night,
5 which would hav e been March 28th of 2006?
6 A I can't remember dates, but it was the next
7 night.
8 Q Okay.
9 A When he said that she called him and he
10 called me, but she called him sometime I guess during the
11 daytime, I don' t know, but he called me sometime around
12 6:00.
13 Q Okay. And once you talked him through it,
14 was he satisfie d?
15 A He was satisfied.
16 Q And he remembered what had happened with the
17 property?
18 A He remembered what happened with the property
19 and everything.
20 MR. FINCK: Nothing further.
21 THE COURT: Mr. Mateya.
22 MR. MATEYA: I have no other questions, Your
23 Honor.
24 THE COURT: Okay. Well, we got you out of
25 here. May this witness be excused?
196
MR. FINCK: Yes, Your Honor.
2 MR. MATEYA: Yes, Your Honor.
3 THE COURT: All right. You may stay or leave
4 as you choose. Thank you. And we will adjourn for the
5 evening, and we will enter this -- well, first, do counsel
6 wish a copy of the notes of testimony transcribed and filed?
7 MR. FINCK: Yes, Your Honor, I believe we do.
8 MR. MATEYA: We do, yes, Your Honor.
9 THE COURT: All right.
10 MR. FINCK: And also may I move for admission
11 --
12 THE COURT: Yes, certainly.
13 MR. MATEYA: No objection, Your Honor.
14 THE COURT: Well, let's see which exhibits
15 are being moved for admission.
16 MR. FINCK: Okay. I am asking that Exhibit
17 Numbers 7 -- I'm sorry 4, 7, and 8 be admitted into the
18 record.
19 THE COURT: Mr. Mateya?
20 MR. MATEYA: No objection.
21 THE COURT: All right. Petitioner's Exhibits
22 4, 7, and 8 are admitted.
23 (Petitioner' s Exhibits 4, 7, and 8 were
24 admitted into evidence.)
25 THE COURT: And we will enter this order:
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AND NOW, this 27th day of June, 2011, upon
consideration of the Petition for Citation Sur Appeal from
Decree of Probate, and following a second day of hearing,
which has not yet been completed, the record shall remain
open, and a further half-day of hearing is scheduled for
Wednesday, June 29, 2011, commencing at 9:30 a.m.
It is noted that at the time of adjournment
on today's date the Petitioner was in the process of
presenting his case-in-chief and had presented a number of
witnesses, concluding with Thomas Evans. At the time of
adjournment on today's date Petitioner's Exhibits 3, 4, 5,
6, 7, and 8 had been identified and admitted. No other
exhibits had been identified or admitted on today's date.
Exhibits had previously been identified and admitted at the
proceeding on March 22, 2011.
It is finally noted that both counsel have
requested that the stenographer transcribe and file the
notes of testimony from today's proceeding. Counsel have
further requested that the notes of testimony from the
proceeding on March 22, 2011, be transcribed and filed.
THE COURT: And now off the record.
(A discussion was held off the record.)
THE COURT: Back on the record. Are counsel
also requesting that the notes of testimony from March 22,
2011, be transcribed and filed?
198
MR. FINCK: Yes, Your Honor.
2 MR. MATEYA: Yes, Your Honor.
3 THE COURT: All right. We will add to the
4 order:
5 Counsel have further requested that the notes
6 of testimony from the proceeding on March 22, 2011, also be
7 transcribed and filed.
8 Okay. We will see you on Wednesday.
9 MR. MATEYA: Your Honor, if we could, there
10 was a mixup this morning with counsel, both of us, and your
11 office. I understand that what I am about to ask for is --
12 I'm stretching a good bit, but we thought we would be
13 beginning at 8:00 this morning. Because counsel and I are
14 both concerned about not finishing on Wednesday.
15 THE COURT: I understand, but you have got to
16 budget your time so you get done. I can't open the
17 courthouse early for a hearing.
18 MR. MATEYA: Are you saying that we will have
19 to finish on Wednesday?
20 THE COURT: Well, no, I certainly wouldn't
21 limit you to finishing.
22 MR. MATEYA: I didn't think. I just wanted
23 to make sure.
24 THE COURT: I am saying though that it is
25 going to be quite a while before I can get back to the case
199
if we don't finish on Wednesday.
2 MR. MATEYA: That's fair. Thank you.
3 THE COURT: Okay. Thank you, and court is
4 adjourned.
5 (The proceedings concluded at 4:30 p.m.)
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
200
ERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the above cause, and that this is a correct transcript of
same.
Michele A. Eline
Official Court Reporter
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
~y~ ZZ l6f
Date
201
10 [i] - 171:23
$2,000 [~] - 72:2
$25,000 [~] - 21:8
$3,500 [z] - 24:12,
24:20
'02 [i] - 178:3
'04 [i] - 16:19
'05 [z] - 80:4, 178:4
'06 [s] - 17:19, 80:4,
82:6, 82:8, 87:17,
145:14, 145:21
'07 (s] - 82:6, 87:17,
145:14, 145:16
'08 [s] - 88:17, 88:18,
93:18, 134:22, 145:18
1
1 [s] - 1:16, 169:21,
169:23
10 [a] - 53:14, 68:7,
68:12, 110:19
106 [2] - 2:7, 3:6
107 [t]-3:7
10:50[i]-57:2
11 [~]- 111:9
118 [i] - 2:7
11:13[x]-57:3
12[x]-126:14
1230]-2:7
1266 [i] - 129:20
128[i]-3:7
129 [z] - 2:8, 3:4
12:10 [t] - 97:25
13 [z] - 101:8, 101:10
148[i]-2:9
14th [~] - 30:23,
36:12, 152:24,
158:13, 161:24,
163:17, 168:8
15 [s] - 56:23, 68:7,
133:14
153[x]-3:8
163[i]-3:9
17013 [t] - 1:28
17110-0950 [i] - 1:25
177[i]-2:9
17th [~] - 145:16
18[x]-89:18
187[i]-2:9
18th [z] - 145:21,
145:22
190[i]-2:8
194[x]-2:8
1964 [i] - 100:2
197 [s] - 3:5, 3:8, 3:9
1970's [i] - 10:10
1972 [s] - 6:19, 6:20,
6:23, 6:24, 7:7, 8:13
1976 [s] - 6:19, 7:10,
9:4
1978[i]-8:19
1990 [~] - 74:3
1998 [~] - 102:8
1999 [i] - 102:9
1:30 [i ] - 97:24
1:40[i]-98:1
2
2 [s] - 94:19, 169:13,
169:15, 169:17,
169:24
20 (~] - 189:21
2000 [s] - 29:4,
43:15, 49:13, 55:2,
59:2, 130:21
2000's [z] - 10:8,
10:17
2000s [i ] - 59:6
2001 [~o] - 13:1,
14:6, 29:4, 79:19,
80:3, 80:20, 81:12,
84:15, 94:5, 94:16
2002 [s] - 49:14,
72:8, 81:18, 90:17,
94:5, 177:25
2003 [2] - 16:19,
81:18
2004 [s] - 16:8,
42:20, 56:6, 95:7,
130:21, 134:24
2005 [s~] - 17:19,
34:15, 35:2, 35:12,
43:4, 43:10, 48:5,
56:7, 60:15, 61:12,
66:23, 71:17, 74:8,
74:17, 74:24, 85:20,
87:1, 94:1, 94:8,
96:20, 122:22,
123:17, 124:21,
133:5, 133:7, 150:2,
150:16, 150:20,
169:18, 177:11,
177:20, 177:25,
178:8, 182:13,
184:21, 190:16,
191:17
2006 [ss] - 27:14,
30:12, 30:16, 30:19,
30:23, 31:3, 32:14,
33:15, 36:12, 36:15,
36:18, 37:13, 42:15,
43:17, 46:4, 48:5,
57:23, 66:23, 72:18,
74:9, 74:17, 74:24,
76:21, 77:8, 77:14,
80:15, 87:2, 87:24,
87:25, 93:24, 94:11,
95:7, 96:20, 96:25,
123:18, 124:21,
131:20, 131:23,
134:19, 134:24,
145:22, 149:24,
149:25, 150:4,
150:14, 151:13,
152:13, 161:24,
163:17, 166:24,
169:16, 169:21,
179:22, 180:5,
183:18, 183:19,
190:24, 191:4,
191:17, 193:7,
193:19, 195:21,
195:25, 196:2, 196:5
2007 [s] - 87:16,
88:2, 88:3, 88:8, 89:7,
131:23, 190:24
2008 [~a] - 9:24,
10:1, 10:2, 30:3, 30:4,
55:13, 56:7, 74:2,
88:11, 88:12, 93:19,
93:21, 97:19, 107:10,
133:6, 133:7, 134:21,
139:24
2011 [~] - 1:15,
198:1, 198:6, 198:15,
198:20, 198:25, 199:6
2019 [i] - 99:9
21 [~] - 3:4
21-08-979 [z] - 1:2,
4:6
22 [s] - 4:9, 198:15,
198:20, 198:24, 199:6
22nd [t] - 148:25
23236 [i ] - 99:10
23920 [i] - 6:12
23944 [i ] - 129:21
24 [z] - 121:9
25 [z] - 21:13, 159:13
26 [s] - 55:8, 55:11,
107:10
26th [2] - 134:22,
145:18
27 [a] - 1:15, 30:18,
31:3, 195:21
27th [a] - 30:7,
30:21, 195:25, 198:1
28th [t] - 196:5
29 [z] - 133:14, 198:6
2:00 [2] - 153:2,
161:23
2:30 [i] - 153:2
2nd [s] - 34:14, 35:2,
169:17
3
3 (iz] - 3:4, 21:22,
21:23, 114:17,
114:20, 128:24,
129:1, 129:4, 129:5,
169:24, 184:12,
198:11
30 [a] - 36:25,
110:20, 178:6, 178:7
33 [t ] - 133:13
3401 [i] - 1:24
35 [2] - 26:24, 27:1
3:00 [i] - 148:6
3:18(i]-148:7
6:00 [z] - 195:10,
196:12
6th [~] - 92:16
7
7 [is] - 3:8, 12:3,
153:17, 153:18,
160:14, 160:15,
161:3, 161:8, 197:17,
197:22, 197:23,
198:12
70's [z] - 12:13
79[i]-2:5
7:00 [i] - 13:25
4 $
4 [~a] - 3:5, 91:8,
91:9, 101:20, 128:21,
141:8, 144:16, 153:7,
155:17, 169:24,
197:17, 197:22,
197:23, 198:11
40 [a] - 2:4, 26:24,
27:1, 110:20
4739 [i] - 6:11
4:15 [~ ] - 189:25
4:30 [i ] - 200:5
8 [~] - 3:9, 163:7,
163:8, 197:17,
197:22, 197:23,
198:12
80's [z] - 14:24
8:00 [~ ] - 199:13
8:30 [i] - 37:23
9
90 [i] - 50:12
90's [3] - 10:8, 10:16,
5 12:21
90s [z] - 42:25, 80:8
5 [n] - 3:6, 98:24,
99:13, 100:9, 100:17,
102:21, 106:19,
106:20, 156:11,
158:20, 198:11
50 [s] - 21:12, 83:5,
110:20
91 [~] - 3:5
93[i]-2:5
98 [i] - 3:6
99 [z] - 2:6, 71:20
9:30 [~] - 198:6
9:35[i]-4:1
50's [a] - 22:6, /~
192:16, 192:17,
192:18
55 [i ] - 1:27
550 [~] - 114:23
59,74 [i] - 2:4
5950 [~] - 1:25
5:00 [t] - 195:8
6
6 [is] - 2:4, 3:7, 12:3,
13:25, 107:1, 107:2,
107:6, 118:11,
118:12, 118:21,
126:13, 128:13,
128:15, 128:17,
198:12
65 [s] - 110:14,
110:18, 110:20
69,77 [i] - 2:4
a.m [a] - 4:1, 57:2,
57:3, 198:6
abdomen [i] -
111:13
ability [2] - 114:10,
114:12
able [~e] - 28:22,
53:7, 56:18, 63:23,
81:4, 81:7, 105:6,
108:25, 114:3, 116:4,
116:17, 117:6, 117:9,
117:12, 125:6,
178:17, 182:17,
189:24
2:7, 3:6, 3:7, 98:23,
99:7, 99:9, 99:11,
102:8, 104:10,
106:24, 118:10,
1
19:8, 120:12, 124:1,
124:20
ABRENIO [~) - 99:2
absorbed [~) - 67:18
accept li] - 43:12
accepted (~) - 104:9
accident [s(- 7:5,
83:12, 84:25, 85:1,
97:22
according (s) -
103:7, 114:7, 150:5,
168:7, 178:5
accurately (~) -
201:5
accuse (i] - 64:11
accused (zl - 28:3,
28:13
acknowledged Iz) -
139:17, 139:18
acknowledgment (z)
- 164:13, 164:18
acreage (~) - 21:14
acres lil - 21:15
act (s] - 32:4, 32:9,
81:21
acted Isl - 31:22,
32:1, 80:21
acting [sl - 14:2,
73:23, 75:16, 122:21,
135:12
actions la) - 18:8,
47:11, 175:10, 193:21
active lil - 103:5
actual Isl - 84:19,
174:6, 182:8
acute Is) - 125:24,
126:1, 126:5
ADAMS (~) - 148:16
Adams (ta) - 2:9,
4:12, 4:16, 34:20,
34:21, 148:20,
148:24, 156:4,
161:23, 171:20,
174:12, 174:23,
177:10, 188:13
Adams's [t(- 5:8
add (s] - 95:19,
173:1, 199:3
added li) - 171:9
address 1121 - 4:16,
6:9, 70:25, 79:7, 90:8,
90:10, 92:7, 92:9,
99:8, 129:15, 129:19
addresses la) -
157:14, 160:16,
165:22
adjourn Is) - 5:22,
189:24, 197:4
adjourned [~) -
200:4
adjournment (sl -
4:9, 198:7, 198:11
admissible lil - 54:7
admission pl -
53:25, 106:16,
128:12, 128:20,
129:1, 197:10, 197:15
admitted Itsl -
34:14, 106:19,
106:20, 128:16,
128:17, 129:4, 129:5,
197:17, 197:22,
197:24, 198:12,
198:13, 198:14
ADMITTED lil - 3:2
adult (zl - 111:20,
117:1
advice [~) - 193:23
affairs Isl - 46:17,
46:21, 193:14
affected lil - 123:16
affection li) - 186:6
afraid [al - 7:3,
10:12, 15:18, 60:12
AFTER Izl - 57:4,
98:2
afternoon Is] - 5:9,
99:7, 118:10
afterwards [~) -
162:9
age [2] - 62:15, 114:2
agent Izi - 164:13,
164:19
agent's [~] - 164:19
ago l~s) - 86:12,
87:13, 111:5, 111:6,
125:6, 125:7, 125:8,
158:20, 159:3,
173:13, 185:21,
188:19, 188:22,
189:1, 190:20, 192:15
agree Is) - 92:20,
139:1, 173:23
agreeable Izl - 4:24,
5:10
agreed Is) - 4:21,
20:1, 98:14, 139:3,
192:4
agreement Iz) -
131:3, 187:20
ahead Izol - 4:13,
5:25, 24:2, 26:1,
28:16, 34:5, 41:24,
44:4, 47:2, 57:8, 62:4,
63:16, 85:13, 86:23,
91:5, 113:8, 131:24,
155:5, 166:21, 171:20
aisle lii - 5:2
Akron lil - 100:4
alarmed [~] - 188:8
alimony (~) - 182:12
alive la] - 14:23,
59:1, 119:15, 122:22
all's [~] - 140:19
allegation [~) - 10:3
alleged Iz) - 80:7,
175:7
alleviate [~) - 60:15
alleviated (il - 75:10
almost 17] - 14:18,
27:9, 110:4, 111:14,
172:10, 172:13
alone [~) - 174:4
Alzheimer's lai] -
18:3, 18:4, 33:3, 40:4,
40:6, 40:7, 57:13,
58:12, 58:20, 68:10,
68:15, 69:1, 70:20,
70:25, 71:2, 75:5,
75:12, 76:2, 111:22,
116:20, 117:3,
120:23, 124:7,
124:11, 126:19,
127:13, 127:16,
127:17, 127:19,
132:11
American [~) - 103:8
amicable [~) - 184:8
amount [~) - 175:9
AND [~] - 198:1
animated (z) -
157:13, 176:25
answer[~il - 30:25,
41:21, 44:2, 47:2,
95:18, 123:4, 143:16,
155:4, 169:9, 171:16,
176:6
answered [~] -
171:15
anyway Isl - 12:19,
32:20, 50:1, 50:5,
60:11, 108:4, 136:15,
172:3
anyways lil - 102:13
aorta 121 - 111:10,
111:11
apart [~) - 68:13
apartment lil -
16:24
apologies (~) -
186:11
apologize li) -
118:16
Appeal li(- 198:2
appear 121 - 91:16,
141:16
APPEARANCES lil -
1:22
appointed Isi -
165:1, 174:25, 175:4,
175:7, 175:9
appointing [~] -
164:9
appointment lal -
153:2, 153:4, 167:7,
168:8, 168:12,
168:17, 177:17,
180:15
appraisal (~] - 184:4
appreciate [~ ] -
193:7
approach (~] - 21:20
appropriate [~) -
49:1
approved (~) -
201:19
April 112] - 30:23,
32:14, 36:12, 36:14,
96:25, 152:20,
152:23, 158:12,
161:23, 163:17,
168:8, 181:15
area Isl - 105:16,
105:18, 105:21,
105:24, 106:2,
112:20, 117:13,
125:20, 180:2
areas lal - 66:1,
66:10, 106:11, 106:14
argument li) -
144:23
arm (sl - 7:5, 115:9,
115:10
arrange l~) - 5:4
arrived li) - 38:9
arterial [~) - 111:17
arteries p] - 108:4,
110:11, 112:2, 115:1,
116:9, 125:14, 125:16
artery Ito) - 107:21,
107:25, 108:1, 108:2,
108:6, 109:2, 110:14,
111:4, 125:18
arthrosclerosis 12] -
104:23
ashes l~) - 32:21
aside Isl - 8:16, 65:7,
165:17
asserted [~) - 54:2
assessed li) -
114:13
assistance (~) -
185:12
assistant Is) -
100:16, 102:18,
102:21
assisted 12] -
157:25, 188:14
assisting Iz) - 46:21,
193:13
associated [~] -
112:11
assume li] - 114:15
assumed [~] - 169:2
assuming Izi -
161:5, 183:12
ate (s] - 15:6, 16:13,
80:25
atherosclerosis lio)
- 107:19, 108:5,
109:24, 110:2, 110:3,
111:10, 111:25,
115:2, 122:1, 125:17
atherosclerotic (z) -
110:4, 111:14
Atlanta [2) - 100:6,
100:9
attached [~] - 164:12
attack li ~ ] - 108:18,
109:11, 109:14,
109:15, 109:16,
109:17, 112:4,
125:24, 126:2, 126:5,
126:15
attacks li] - 111:3
attempted [i] - 36:21
attend Is] - 133:5,
133:6, 134:24
attention Izl - 81:6,
81:15
attitude [~] - 177:2
Attorney (ia] - 3:9,
47:5, 47:8, 47:9,
47:13, 121:18,
153:14, 163:2,
163:14, 163:23,
164:5, 191:2
attorney [s] - 43:4,
47:12, 60:14, 61:12,
77:11
attorney-in-fact [~] -
47:12
August Is) - 34:14,
35:2, 60:15, 61:12,
134:15, 169:17
aunt Isl - 19:21,
20:7, 77:4
Aunt [i] - 40:17
author [~] - 55:23
automobile Iz] -
83:11, 97:22
autopsies li) - 70:25
autopsy lia) - 58:9,
58:14, 68:23, 70:4,
70:19, 75:25, 76:14,
107:9, 107:14,
112:24, 113:1, 113:3,
119:2, 120:20, 121:1,
121:23, 122:20,
127:11
2
vailable [~] - 4:16
Avenue ii] - 1:27
aware [~] - 27:2,
46:19, 48:15, 89:15,
127:10, 144:23,
155:19
awhile ii] - 19:23
B
background(a]-
10:11, 70:10, 70:18,
71:2
bad iio] - 49:9,
62:16, 72:7, 74:13,
74:14, 74:20, 75:22,
84:4, 85:8, 195:17
bank (~] - 161:9
barely ii] - 92:17
Barnett (~] - 87:3
barrel ii] - 51:8
base ii] - 166:2
based is] - 104:10,
104:14, 105:5, 116:3,
117:5, 122:23,
126:14, 126:25, 127:7
baseline ii] - 125:3
basic li] - 120:17
basing (2] - 93:11,
93:14
basis ia] - 55:22,
94:8, 94:10, 130:18
battery i2] - 33:6,
33:7
Bayley ii] - 175:6
bayley [z] - 175:21,
176:13
Baylor Iz] - 100:18,
100:24
became ia] - 52:14,
111:13, 113:19,
153:23
become [a] - 67:21,
103:23, 113:19, 175:4
becomes Is] - 110:4,
112:9, 115:2
bedroom i2] - 76:7,
76:9
beforehand Iz] -
52:18, 161:16
beg [2] - 129:25,
195:23
began li] - 112:5
begin ii] - 93:5
beginning i7] -
19:10, 31:25, 63:12,
67:18, 73:25, 121:15,
199:13
begins la] - 110:2,
115:11, 116:13,
125:20
behavior ins] - 13:4,
13:19, 14:21, 17:24,
49:6, 49:17, 74:3,
74:8, 81:18, 81:19,
131:11, 134:23,
146:5, 191:3, 191:4,
191:7, 191:8, 191:9
belief (2] - 60:1,
65:24
bell iz] - 68:4, 73:22
belong ii] - 117:14
beneath [~] - 111:17
beneficiaries [2] -
165:1, 165:7
beneficiary [z] -
43:5, 164:22
Bernard Is] - 28:1,
31:4, 31:15, 64:25,
65:7, 65:15, 65:23,
186:20, 194:9
Bernie Iz] - 28:1,
32:7
beside ia] - 16:2,
19:21, 32:3, 135:21
best Is] - 72:9,
182:17, 185:25
better Is] - 38:21,
114:12, 133:22,
172:1, 172:16
between is] - 10:21,
43:16, 45:12, 104:18,
105:6, 115:8, 176:13,
176:15, 191:7
beyond [s] - 56:1,
56:3, 58:17
big It z] - 26:20, 27:8,
33:4, 35:19, 61:21,
70:5, 115:8, 135:4,
149:13, 151:17,
171:22, 178:24
bigger (2] - 115:10,
116:12
bilateral [2] - 111:21,
117:2
bill is] - 18:15, 29:13,
29:14
Bill li7] - 95:6, 95:12,
177:12, 179:10,
179:17, 179:23,
180:4, 181:15, 182:2,
185:10, 190:16,
193:9, 193:13,
193:17, 193:19,
194:14, 194:19
Bill's [s] - 156:11,
185:4, 191:4
bills [s] - 59:3, 150:8,
154:15
birthday i>>] - 30:7,
30:21, 145:9, 145:13,
145:23, 145:24,
146:3, 146:6, 146:24,
147:1, 195:20
bit Is] - 50:2, 61:15,
62:8, 74:2, 113:15,
123:12, 171:20,
172:16, 199:12
blood Isa] - 107:24,
108:7, 108:9, 109:6,
109:8, 110:5, 110:7,
110:10, 111:11,
111:25, 112:2, 112:4,
112:6, 112:8, 113:13,
113:16, 115:3, 115:6,
115:18, 116:5,
116:10, 116:11,
116:16, 117:24,
121:20, 122:8, 122:9,
123:8, 123:17,
125:19, 125:20,
126:16, 127:21
blueprints Iz] -
138:8, 138:10
board p] - 103:8,
103:14, 103:16,
103:17, 103:19,
103:23, 103:24
Board ii] - 103:8
bodies [~] - 102:14
body la] - 120:18,
126:22, 126:23
Boiling iz] - 133:18,
133:20
book ii] - 168:12
booming iz] -
149:13, 151:17
borrow la] - 64:9,
64:18, 64:21, 64:23
borrowed la] -
66:15, 71:25, 72:1,
72:3
boss [~] - 193:4
bottom ii] - 109:18
bought lis] - 17:16,
20:8, 21:2, 21:3,
24:23, 61:19, 135:21,
135:23, 136:7, 136:8,
136:9, 136:11, 192:10
bounce li] - 147:10
bounties li] - 186:11
bounty Iz] - 186:9,
186:14
Box [i ] - 1:25
boys [~] - 84:20
brain iai] - 105:3,
105:7, 109:8, 111:21,
112:1, 112:5, 112:7,
112:8, 112:9, 113:13,
113:17, 113:22,
113:23, 113:25,
114:16, 116:5,
116:16, 116:22,
116:23, 117:1, 117:4,
117:7, 117:16,
117:22, 118:3,
120:24, 120:25,
122:9, 123:8, 124:17,
125:10
brainwash ii] -
28:22
brainwashing [a] -
28:3, 28:4, 65:23
break [2] - 5:8, 45:2
breakfast Is] - 16:11,
20:14
breast [~] - 85:15
brief Is] - 118:22,
120:18, 148:4
briefly iz] - 104:4,
104:5
bring la] - 55:8,
55:11, 56:18, 64:10,
66:2, 105:22, 146:9,
189:25
bringing [~] - 161:19
brittle [~ ] - 111:15
broadcast Iz] - 96:8,
96:9
broadcasting ii] -
86:3
Broadnax iz] - 6:11
BROADNAX [~] -
6:12
broke ii] - 17:7
broken 12] - 14:16,
67:13
brother Iza] - 8:18,
8:19, 11:24, 11:25,
79:15, 80:20, 82:9,
85:21, 87:9, 88:6,
89:15, 89:17, 130:4,
130:11, 130:14,
131:11, 141:17,
142:21, 143:2,
143:20, 143:25,
144:10, 190:16
brother's [s] - 84:11,
91:16, 144:17
brothers [2] - 12:9,
46:13
brought is] - 143:17,
153:15, 154:3,
156:15, 157:20,
162:18, 177:13,
185:3, 185:9
Bruce [~] - 6:10
Buchanan ii] -
101:5
buckled [~] - 136:1
budget ii] - 199:16
build Iz] - 22:20,
183:9
building lia] - 21:11,
23:6, 23:7, 23:25,
24:6, 25:14, 26:11,
27:7, 40:22, 41:2,
58:6, 135:23, 136:3,
136:4, 175:24,
192:10, 194:25,
195:16
buildings [~] - 21:10
built is] - 62:25,
182:21, 195:15
bulldoze ii] - 24:3
bulldozing ii] -
24:13
bunch Is] - 24:4,
64:14, 70:5
burden [~] - 172:2
burn [~] - 27:7,
60:10, 136:7, 137:5,
137:6, 195:11
burned [ts] - 26:13,
26:16, 27:5, 27:17,
30:2, 30:4, 30:5,
30:13, 30:18, 31:3,
32:21, 53:3, 58:6,
66:13, 137:14,
191:20, 195:8, 195:25
burning ia] - 27:3,
52:13, 60:10, 137:3
burnt lia] - 26:18,
27:21, 137:16,
137:19, 137:23,
138:13, 138:17,
138:22, 194:19,
194:25
bury [~] - 76:11
business [~] - 29:12,
29:17, 86:4, 96:10,
96:14, 160:23
business-wise ii] -
29:12
businessman [~] -
29:15
busy [s] - 62:24,
73:16, 103:14
but.. [~] - 133:23
buy [~] - 33:7
buying 12] - 24:15,
52:2
BY i7a] - 6:7, 10:15,
11:12, 17:22, 21:25,
28:20, 29:7, 29:22,
30:17, 31:1, 33:19,
34:25, 37:16, 40:15,
41:25, 44:8, 45:5,
47:6, 48:3, 49:3,
53:12, 57:11, 57:22,
3
8:25, 59:20, 61:10,
69:24, 74:23, 77:13,
78:1, 79:5, 80:18,
83:18, 85:18, 86:25,
87:15, 88:15, 91:6,
91:11, 93:4, 95:23,
99:6, 100:12, 102:7,
106:23, 107:4,
109:21, 113:10,
118:9, 118:18,
120:10, 123:25,
129:13, 129:22,
130:12, 131:21,
133:4, 134:18,
143:13, 153:20,
156:3, 163:10,
165:12, 174:22,
177:9, 181:11, 185:1,
186:12, 187:3,
188:12, 190:8, 194:8,
195:19
bye [i ] - 86:12
C
C-o-n-n-i-e [~] -
97:11
calcification [s] -
107:20, 108:5,
109:24, 115:3, 125:17
calcified [s] - 110:4,
111:13, 121:21
calm [z] - 137:20,
195:1
calmed [a] - 137:22,
138:25, 139:1, 139:16
Cambridge [~] -
129:20
camera [~] - 52:8
cancer [s] - 13:5,
13:9, 13:13, 80:22,
85:10, 85:16
cannot [s] - 111:4,
112:8, 120:7
capacity p] - 32:25,
114:11, 175:15,
177:20, 178:10,
178:12, 178:17
Cape [a] - 22:20,
22:22, 138:4, 138:10
car[s] - 9:9, 11:15,
16:15, 16:16, 16:17,
26:21, 33:7, 33:8
card [~] - 90:12
cardiovascular[s] -
104:12, 104:16,
104:19, 104:22,
105:21, 121:25
cards [s] - 91:23,
92:3, 141:23
care [i2] - 21:1,
38:14, 38:18, 50:25,
60:2, 96:12, 182:16,
182:17, 182:19,
182:25, 183:1, 183:2
cares [i] - 98:10
caretaker [2] - 59:12,
59:22
Carlisle [s] - 1:15,
1:28, 7:6, 7:24,
139:25
Carolina [i] - 25:23
carpentry [z] - 62:25,
63:1
carry [z] - 18:8, 84:5
cars p] - 33:8,
64:15, 73:13, 161:9,
193:2
case [2~ ] - 4:10,
5:24, 12:15, 104:6,
108:3, 109:12, 110:6,
112:14, 121:2, 123:1,
126:8, 141:1, 155:10,
171:20, 171:25,
178:6, 184:3, 184:16,
189:5, 198:9, 199:25
case-in-chief [z] -
4:10, 198:9
cases [a] - 102:16,
104:8, 120:22
Cash [i] - 56:15
catch [2] - 17:6, 61:4
caused [s] - 10:4,
23:15
cavity [i] - 111:12
cellphone [i] - 20:17
cellphones [i] -
131:8
central [~] - 125:18
certain [2] - 66:1,
168:3
certainly [a] - 91:2,
140:24, 197:12,
199:20
CERTIFICATION [i]
- 201:1
certified [z] - 103:8,
103:24
certify [~] - 201:4
cetera [~] - 102:16
chairs [z] - 27:6,
136:21
chance [2] - 55:7,
71:3
change [e] - 12:21,
77:6, 78:3, 123:11,
127:7, 127:9, 141:5,
152:16
changed [a] - 43:23,
44:6, 61:3, 78:13,
177:1, 181:3, 189:4
changes [a] -
111:21, 113:12,
117:1, 157:16
characterization [i]
- 173:23
characterizing [i] -
157:5
charge [a] - 60:1,
60:3, 76:4, 193:4
cheap [~] - 24:21
cheaper[i] - 136:5
check p] - 14:1,
151:2, 154:16,
156:16, 167:21,
167:22, 184:20
checked [~] - 22:14
checks [s] - 154:15,
154:17, 156:17,
156:21, 157:1
chemo [2] - 84:5,
85:14
Chesbay [~] - 99:9
chicken [s] - 53:5,
92:20, 142:7
chief [2] - 4:10,
198:9
child [a] - 11:18,
11:21, 136:14, 192:7
childhood [i] - 11:16
Children [i] - 175:10
children [s] - 8:17,
8:20, 9:2, 9:14, 9:17
cholesterol [s] -
14:24, 14:25, 59:6
choose [a] - 128:10,
170:8, 189:18, 197:4
chooses [i] - 98:21
choosing [s] -
159:16, 166:13,
166:16
chose [i] - 185:11
Church [~] - 1:27
circle [i] - 111:25
circled [~[ - 161:14
circumflex [s] -
107:20, 108:6, 109:2
circumplex [z] -
107:25, 108:4
Citation [~] - 198:2
claim [~] - 42:5
claimed [~] - 44:20
claiming [~] - 60:19
clarification [2] -
5:14, 138:6
clarify [2] - 83:19,
127:13
clause [~] - 185:18
CLE [~] - 180:23
clean [s] - 24:3,
61:22, 61:24, 62:3,
62:4, 142:3
cleaned p] - 22:13,
24:1, 24:2, 24:5, 62:3,
62:6, 62:10
cleaning [z] - 63:16,
63:17
clear [i ~] - 61:22,
68:3, 71:13, 73:22,
74:1, 123:15, 159:22,
160:25, 170:24,
171:16, 178:18,
178:22, 178:23,
178:24, 182:5,
183:25, 192:2
clearing [i] - 61:20
clearly [i] - 68:12
client [is] - 9:20,
55:9, 55:23, 150:7,
150:8, 158:16, 159:2,
167:14, 167:20,
167:24, 174:14,
176:19, 180:19,
185:15
client's [~] - 55:24
clients [i~] - 160:22,
167:11, 167:25,
171:22, 171:24,
175:1, 175:11, 179:6,
180:22, 181:5, 188:9
clinical [~o] - 70:17,
103:10, 118:12,
118:22, 118:23,
120:14, 124:2, 124:6,
127:20, 127:23
clinician [s] -
114:13, 114:15, 126:6
clock [s] - 15:21,
15:23, 15:25, 16:6,
42:19, 42:23
clocks [~] - 60:21
close p] - 12:4,
22:14, 27:24, 79:16,
113:14, 133:24, 146:1
closer [2] - 143:23,
183:16
closest[] - 50:8
clot [a] - 108:7,
108:9, 110:4, 125:20
clothes [2] - 76:6,
76:11
Cochran [2] -
192:21, 192:22
Cod [a] - 22:20,
22:22, 138:4, 138:10
College [z] - 100:18,
100:24
colored [z] - 161:11,
161:12
comfort [i] - 50:2
comfortable [2] -
36:9. 179:5
coming [2a] - 12:18,
16:14, 20:5, 27:5,
33:23, 37:8, 52:10,
52:12, 60:11, 60:15,
60:17, 61:20, 61:24,
62:22, 63:15, 76:17,
113:15, 127:1, 134:8,
144:4, 158:1, 158:17,
158:23, 159:4, 168:9,
177:15, 180:1, 187:19
commencing [~] -
198:6
comment [i z] -
33:25, 39:12, 66:2,
76:4, 80:23, 84:9,
86:3, 86:8, 96:5, 96:7,
117:3, 191:3
commented [~] -
56:4
common [2] -
121:21, 121:24
COMMON [i] - 1:1
Commonwealth [i] -
120:13
company [s] - 6:25,
7:1, 56:15, 68:6, 73:4
compared [s] -
11:18, 156:25, 192:25
compensate [i] -
116:12
compensates [i] -
115:4
competent [z] - 56:6,
188:9
complaining [2] -
15:1, 24:9
complete [a] -
107:20, 125:21, 126:8
completed [z] -
150:2, 198:4
completely [s] -
108:7, 108:8, 108:9
complicated [s] -
170:22, 171:3, 171:13
compound [i] - 45:1
compromised [i] -
115:2
concentrate [~ ] -
168:1
concern [s] - 35:23,
40:9, 65:4, 66:12,
71:12, 71:17, 71:20,
82:18
concerned [ia] -
7:20, 18:19, 33:23,
34:7, 36:4, 66:18,
70:25, 75:11, 82:19,
4
24:6, 160:19, 182:9,
182:24, 199:14
concerning Isl -
58:2, 119:23, 185:2
concerns [al - 28:21,
75:10, 136:19, 178:11
conclude [~] -
116:23
concluded Izl -
116:19, 200:5
concluding [~] -
198:10
conclusion Isl -
5:15, 116:25, 126:25
conclusions [sl -
5:16, 113:3, 126:21
condition [z] - 147:5,
147:7
conflict[il - 177:1
confrontation lil -
32:19
confronted lil - 39:6
confused l~al -
22:25, 23:18, 67:21,
67:23, 73:3, 139:20,
139:21, 147:20,
191:24
confusing [~] - 96:19
confusion li) - 23:19
connect [il - 63:22
connection 121 -
104:18, 105:6
Connie [sl - 20:16,
20:23, 40:17, 42:2,
97:11
consider [zl - 24:20,
134:25
consideration lil -
198:2
consisted [~] - 184:1
consistent loo] -
117:4, 117:21,
117:22, 124:18,
127:25, 178:23,
178:25, 181:19,
181:25, 185:9
consistently [~] -
176:24
constantly [~] -
75:16
construction [~] -
24:12
contact [col - 44:21,
44:23, 45:7, 45:11,
46:13, 64:8, 65:21,
67:10, 121:5, 181:5
contacts [~] - 173:21
contained [~] - 201:5
contest lil - 189:6
continue Izl - 98:15,
115:9
CONTINUED lil -
57:10
continued lil -
186:16
contractor li I - 24:3
control [sl - 60:6,
193:17, 194:14
conversation [»] -
14:17, 36:6, 51:22,
66:1, 67:3, 67:7,
86:15, 138:12,
140:15, 147:18,
156:10, 172:19,
172:20, 176:3, 176:7,
176:11, 176:18
conversations [isl -
19:8, 46:10, 46:11,
66:7, 67:1, 67:2,
67:11, 67:22, 85:24,
90:20, 90:21, 96:8,
132:15
cooked [zl - 15:4,
15:6
copies [il - 107:8
copy liol - 56:9,
77:8, 106:24, 162:24,
167:13, 167:24,
181:8, 181:13, 197:6
corner[) - 15:24
coronary (~~] -
107:19, 107:21,
107:25, 108:1, 108:4,
108:6, 109:2, 110:11,
110:14, 112:2, 115:1,
116:9, 125:14, 125:16
coroner[s] - 37:25,
47:17, 47:19, 69:5,
69:8
correct Iso] - 5:19,
8:14, 29:24, 30:20,
31:4, 40:19, 41:10,
42:9, 42:20, 43:5,
43:13, 45:8, 45:10,
46:20, 46:23, 48:21,
49:6, 49:14, 49:17,
50:5, 51:11, 51:24,
52:3, 52:7, 62:14,
68:15, 76:21, 76:25,
77:15, 83:25, 84:12,
88:18, 93:7, 96:11,
96:16, 115:19,
116:20, 118:1, 118:4,
120:6, 123:2, 123:5,
123:9, 123:12,
123:13, 124:3, 124:4,
124:9, 124:12,
124:13, 124:22,
124:23, 125:10,
127:5, 127:6, 127:8,
149:2, 149:3, 150:14,
152:18, 154:12,
155:15, 156:13,
156:14, 158:7, 161:7,
161:11, 161:12,
162:10, 162:11,
165:8, 168:2, 168:4,
171:1, 178:1, 179:24,
179:25, 182:2, 185:6,
187:10, 188:15,
188:20, 188:21,
188:25, 189:1, 189:6,
189:7, 194:14, 195:4,
201:6
correcting [~) -
168:1
correctly Itol - 42:1,
43:18, 71:6, 89:20,
89:22, 92:7, 157:5,
167:13, 167:23
correspondence lal
- 56:8, 56:10, 56:13,
56:14
cost Isl - 26:6,
58:21, 131:8
costs [~) - 62:5
counsel Itz] - 4:8,
4:21, 54:18, 71:7,
171:24, 197:5,
198:16, 198:18,
198:23, 199:5,
199:10, 199:13
counsel's [zl - 5:22,
23:21
counselor lil - 58:2
country lal - 11:17,
20:4, 22:7, 27:8
COUNTY [~) - 1:1
County l~l - 1:14
couple l~ol - 20:17,
46:1, 62:25, 65:19,
72:20, 81:23, 86:9,
178:2, 181:25, 188:22
course lal - 4:10,
17:23, 46:9, 53:17,
104:9, 149:20,
153:24, 154:14
COURT 12as1- 1:1,
1:2, 1:2, 4:2, 4:4,
4:19, 4:24, 5:3, 5:10,
5:17, 5:21, 5:24, 9:15,
9:22, 9:25, 10:2, 10:6,
10:9, 11:10, 16:5,
16:9, 16:18, 16:21,
16:24, 17:2, 17:4,
17:18, 17:21, 21:6,
21:10, 21:14, 21:17,
21:19, 22:25, 23:4,
23:8, 23:10, 23:24,
25:5, 25:9, 25:11,
25:14, 26:8, 26:11,
27:13, 27:16, 28:7,
28:9, 28:11, 28:13,
28:16, 29:3, 29:6,
29:17, 29:19, 30:10,
30:14, 30:16, 30:24,
33:13, 34:12, 34:18,
34:21, 34:24, 37:15,
40:13, 41:20, 41:24,
44:1, 44:4, 45:4,
46:25, 48:1, 49:1,
53:11, 53:19, 53:23,
54:6, 54:10, 54:20,
54:22, 55:10, 55:15,
56:10, 56:12, 56:17,
56:22, 57:1, 57:5,
57:8, 57:19, 57:21,
58:19, 58:24, 59:17,
61:5, 65:14, 65:17,
69:21, 74:17, 74:21,
77:10, 77:24, 78:19,
78:21, 78:24, 80:5,
80:16, 82:21, 82:24,
83:2, 83:6, 83:9,
83:14, 84:17, 85:3,
85:6, 85:10, 85:13,
85:17, 86:18, 86:22,
87:11, 87:14, 88:5,
88:8, 90:24, 91:2,
91:5, 93:2, 95:18,
96:24, 97:4, 97:6,
97:8, 97:10, 97:13,
97:15, 97:17, 97:19,
97:23, 98:3, 98:9,
98:13, 98:17, 98:20,
99:23, 99:25, 100:7,
100:20, 100:22,
101:12, 101:16,
101:19, 101:24,
102:2, 102:6, 105:16,
105:18, 105:20,
106:1, 106:7, 106:10,
106:13, 106:18,
108:15, 108:19,
108:22, 108:25,
109:4, 109:10,
109:19, 113:5, 113:8,
118:7, 118:17, 120:5,
123:22, 128:3, 128:5,
128:9, 128:15,
128:22, 128:25,
129:3, 129:17, 130:3,
130:6, 130:9, 131:18,
133:2, 134:9, 143:8,
148:4, 148:11,
148:18, 148:21,
155:4, 155:10,
155:16, 155:21,
155:25, 165:3, 165:6,
165:9, 171:18, 177:6,
179:15, 180:17,
180:25, 181:10,
184:7, 184:18,
184:22, 184:24,
186:8, 186:25, 188:5,
189:10, 189:13,
189:17, 189:22,
190:3, 190:6, 194:6,
195:6, 195:12,
196:21, 196:24,
197:3, 197:9, 197:12,
197:14, 197:19,
197:21, 197:25,
198:21, 198:23,
199:3, 199:15,
199:20, 199:24, 200:3
Court [zsl - 4:6,
14:21, 15:12, 19:7,
22:1, 36:1, 65:24,
80:19, 85:23, 99:9,
102:11, 104:3,
104:12, 105:6, 107:7,
107:21, 109:25,
113:2, 131:10, 142:1,
149:11, 153:21,
201:11
court [i it - 4:8, 57:2,
61:8, 76:18, 78:7,
98:1, 105:9, 148:6,
175:7, 175:9, 200:3
Court's [zl - 5:5,
94:3
court-appointed Iz)
- 175:7, 175:9
courthouse [a] -
20:15, 20:23, 199:17
Courthouse [~] -
1:14
courtroom lal - 4:23,
98:16, 130:10, 156:5
Courtroom [i) - 1:15
cousin [zl - 131:6,
132:2
cousins li] - 12:9
covered [~] - 188:3
Crary Izl - 181:18,
187:19
cream lil - 15:9
create hl - 162:21
created 121 - 76:21,
76:24
Creighton 121 -
100:15, 102:20
cried [~) - 25:3
criteria [~] - 110:19
CROSS [~I - 2:2,
40:14, 57:10, 93:3,
118:8, 177:8, 190:7
cross Izl - 98:7,
144:13
CUMBERLAND [i] -
5
:1
Cumberland [ii -
1:14
cure (~[ - 75:14
curriculum [z] -
99:15, 99:16
cushion [~] - 55:7
customers [z[ -
73:13, 73:15
cut [a] - 25:21,
109:8, 111:15, 111:16
CV [si - 102:17,
103:7, 106:16
CVA [~(- 105:3
D
dad [~z] - 22:12,
26:17, 27:20, 28:4,
31:17, 39:14, 42:2,
48:18, 66:15, 77:5,
78:3, 140:6
Dad lis] - 15:24,
17:13, 18:13, 18:23,
19:10, 21:1, 24:21,
34:4, 36:24, 41:14,
50:23, 51:4, 62:2,
63:8, 66:4, 75:20
dad's [s[ - 18:8,
26:20, 35:19, 51:16,
66:19
dam [i] - 88:24
damage [s] - 32:22,
58:5, 112:9
damaged [~] -
114:16
Danny [zs] - 2:4, 6:2,
6:10, 9:20, 84:24,
133:22, 134:1,
135:21, 137:13,
137:24, 138:2, 139:2,
139:8, 157:10,
157:12, 170:7,
170:11, 171:1, 171:5,
171:7, 177:15,
177:18, 192:3, 192:7,
194:24, 195:20,
195:24
DANNY [i(- 6:4
Danny's [si - 84:18,
84:19, 136:12,
137:10, 138:7, 138:8
date [s[ - 9:22,
30:22, 33:22, 55:7,
143:8, 146:1, 198:8,
198:11, 198:13
Date [~] - 201:24
datebook [z] - 153:1,
168:7
dated [~] - 34:14
dates [s[ - 37:14,
72:8, 123:2, 123:3,
167:22, 196:6
daughter [7i - 25:20,
25:23, 26:1, 26:2,
39:8, 89:5, 137:25
daughters [a[ - 9:1,
25:17, 25:18, 172:22
Davenport [z3i -
44:21, 45:7, 46:5,
46:17, 47:12, 47:16,
48:4, 88:20, 95:6,
95:12, 97:18, 119:18,
119:19, 143:21,
143:25, 180:4,
180:11, 186:20,
188:14, 193:11,
193:13, 193:17
Davenport's [~] -
194:9
days [poi - 29:2,
29:9, 29:11, 34:3,
48:14, 72:20, 86:9,
86:12, 121:9, 136:11
daytime [ii - 196:11
dead [i[ - 102:14
deal [s] - 26:20,
88:23, 152:11
dealing [zi - 29:21,
102:14
dealt [~] - 154:13
death [~ s[ - 59:2,
68:15, 69:1, 75:6,
76:3, 89:6, 89:10,
108:15, 108:20,
108:21, 108:23,
109:2, 116:1, 116:24,
120:25, 125:11,
126:21, 133:6
deceased [~] -
104:24
decedent 112i - 9:20,
56:11, 79:12, 79:24,
80:8, 105:25, 116:19,
125:12, 129:24,
130:1, 143:20, 149:1
decedent's [zi -
69:5, 80:14
decide [z] - 9:16,
144:24
decided [s] - 25:11,
25:21, 31:14, 36:25,
100:17, 101:9,
101:21, 180:21
decision [~] - 165:24
decisions [si -
165:25, 182:3, 182:5
decompensate [zi -
115:11, 116:13
decreased Izi - 37:5,
66:22
decree [~] - 182:8
Decree [~] - 198:3
dedicated [~] -
176:16
deed [~] - 187:8
deeding [~] - 187:14
deeds [si - 150:17,
182:10, 182:23,
184:3, 187:17, 187:19
deeply [~] - 165:23
definitely [s] - 37:6,
67:17, 103:6
delay [~] - 98:4
dementia [is] - 10:3,
68:11, 68:24, 70:1,
70:7, 70:16, 70:18,
70:21, 120:22, 124:7,
124:14, 127:20,
127:22, 127:25,
132:10
demolished [~( -
23:14
Denise [z[ - 138:3,
138:6
department Is[ -
26:5, 120:17, 136:7,
137:6, 137:14
Department [i] -
120:13
describe [is[ - 13:2,
13:4, 14:21, 22:4,
32:24, 79:14, 79:23,
81:18, 81:19, 88:19,
92:13, 130:13,
131:10, 134:23,
141:25, 146:5
described [~] -
113:20
designation [i] -
171:11
desk [i] - 162:24
destroyed [ai -
23:25, 25:15, 26:11,
126:12
detail [z[ - 165:18,
165:20
determine [~[ - 80:14
determines [i] -
127:5
developed [i] -
110:2
di [i[ - 112:3
diagnose [s] -
104:11, 107:18,
174:20
diagnosed [~] -
14:23
diagnoses [zi -
175:2, 175:11
diagnosis [s] - 70:3,
70:15, 174:17
Diagnosis [~] -
107:16
die [si - 9:23, 13:14,
34:1, 113:18, 113:19,
126:7
died [ss[ - 12:12,
31:11, 36:5, 36:7,
37:20, 40:4, 55:13,
55:15, 76:20, 87:19,
87:20, 87:22, 87:23,
88:2, 88:3, 88:8,
88:10, 88:14, 89:1,
89:13, 97:19, 109:13,
122:14, 122:16,
122:19, 125:12,
125:23, 125:24,
126:10, 127:19,
139:23, 145:15,
145:16, 145:18,
180:12, 180:14
dieing [a[ - 13:16,
36:10, 126:9
dies [z[ - 49:23,
109:9
difference [a[ -
103:18, 103:19,
115:8, 191:12
different[~s[ - 15:19,
27:19, 31:16, 55:1,
55:18, 55:19, 66:6,
76:8, 89:2, 113:21,
113:22, 123:12,
143:18, 161:10,
171:24, 182:15,
182:23, 185:23
difficult [~] - 111:4,
122:6, 125:2, 172:22,
172:25, 174:4
difficulties [2i -
42:25, 43:11
difficulty [si - 42:14,
116:5, 187:14
diminished [s] -
112:5, 112:7, 113:14,
113:16, 115:4
direct [s[ - 4:11,
56:2, 56:4, 58:18,
65:21, 194:18
DIRECT p] - 2:2,
6:6, 79:4, 99:4,
106:22, 129:12,
148:22
directed [ii - 201:20
directing [~] - 179:9
directions [ii - 33:16
directly [ii - 111:12
director [i [ - 101:7
disagree [~] - 195:21
disagreements (i] -
88:21
disappointed [ii -
157:12
discovered [~] -
121:1
discovery [z[ -
53:17, 55:24
discuss [~~] - 14:8,
35:13, 39:9, 104:12,
112:14, 147:22,
152:2, 159:14, 163:3,
163:19, 163:22
discussed [io] -
18:5, 82:1, 82:2,
157:16, 158:11,
158:18, 170:11,
171:9, 177:11, 185:2
discussing [~] -
161:19
discussion [jai -
38:6, 42:8, 42:11,
51:10, 71:8, 154:25,
155:3, 156:5, 164:15,
165:16, 170:18,
173:8, 173:12, 198:22
discussions [il -
36:2
disease [isi - 58:20,
104:12, 104:19,
104:22, 104:25,
105:2, 108:6, 114:9,
117:3, 120:24, 122:1,
124:8, 124:12, 125:4,
127:13, 127:17,
127:19, 127:22
Disease [s] - 111:22,
120:23, 127:16
disorder [ii - 174:24
disorders [~] - 106:6
dispute [ti - 89:12
distanced [i(- 32:2
distinction (~] -
172:24
distress [i[ - 23:16
District[~i - 201:25
DIVISION li[ - 1:2
divorce [ai[ - 14:9,
14:11, 19:10, 19:11,
34:22, 35:11, 63:12,
63:13, 63:14, 67:16,
71:22, 85:19, 135:19,
150:1, 150:15,
150:22, 151:6,
151:25, 153:24,
154:6, 154:14,
156:18, 156:20,
162:12, 167:2,
173:18, 174:4, 178:1,
178:14, 182:2, 182:4,
6
82:6, 182:8, 183:3,
183:22, 184:7,
184:11, 184:18,
187:5, 187:7, 187:22
divorced (~~] -
82:22, 82:24, 83:2,
83:5, 83:24, 84:1,
84:12, 84:13, 84:19,
84:22, 86:21
divorces (~] - 85:4
Doctor la] - 107:11,
109:20, 117:5, 122:13
doctor i7] - 18:14,
18:22, 18:23, 18:24,
19:3, 112:23, 135:16
doctor's li] - 101:13
document iss] -
21:21, 53:16, 54:3,
54:4, 55:5, 55:23,
55:25, 91:7, 91:13,
91:14, 99:12, 99:14,
106:25, 107:7, 141:7,
151:3, 153:6, 153:8,
153:16, 153:21,
155:14, 156:25,
162:10, 162:16,
162:21, 163:6,
163:11, 163:23,
164:1, 164:6, 164:18,
164:23, 165:2
documented li] -
162:19
documents p] -
53:20, 151:11,
155:11, 155:13,
156:19, 156:21, 168:2
dollar i~a] - 29:13,
29:14, 157:15,
157:20, 157:24,
158:5, 170:11,
170:12, 170:25,
171:1, 171:10,
172:11, 172:13,
172:15
dollars (~] - 29:1
Domestic (~] -
156:22
donating li] - 148:12
done izo] - 32:22,
33:4, 34:5, 38:24,
55:19, 58:5, 71:16,
75:14, 75:20, 76:1,
77:6, 107:10, 161:16,
161:18, 162:23,
170:2, 175:8, 194:24,
194:25, 199:16
door (~] - 25:8, 68:2,
175:23, 175:25,
176:17, 176:20
doorknob (i] - 51:2
double Iz] - 167:21,
167:22
doubt li] - 178:10
down l~ia] - 10:22,
11:13, 12:2, 12:5,
12:8, 15:11, 15:17,
17:9, 19:13, 20:2,
20:5, 20:9, 20:13,
20:23, 20:25, 22:10,
22:12, 22:15, 24:5,
24:7, 24:16, 24:22,
25:4, 25:12, 26:7,
26:15, 26:16, 26:19,
27:3, 27:10, 27:11,
27:17, 27:22, 30:1,
33:9, 33:10, 33:11,
36:13, 36:14, 36:18,
36:21, 37:4, 39:13,
39:17, 39:22, 39:24,
41:9, 43:19, 44:7,
51:19, 52:10, 52:14,
52:19, 53:3, 55:7,
60:7, 60:10, 60:11,
61:20, 61:24, 62:8,
62:22, 63:9, 63:11,
63:13, 63:15, 63:18,
63:24, 66:3, 68:1,
73:12, 78:19, 86:7,
110:12, 111:9, 128:5,
128:22, 131:6,
133:13, 134:7,
134:15, 136:5, 136:6,
137:7, 137:20,
137:22, 138:4, 138:9,
138:25, 139:1, 139:6,
139:16, 143:11,
143:17, 146:7, 146:9,
147:15, 148:5,
150:10, 162:6,
162:13, 162:15,
183:14, 183:16,
189:13, 191:11,
191:24, 193:8, 195:1,
195:16, 195:18
dozen Iz] - 190:22,
191:6
Drl~z] - 98:23, 99:7,
99:11, 101:10, 102:8,
104:10, 106:24,
118:10, 119:8,
120:12, 124:1, 124:20
draft la] - 43:4,
49:18, 175:13
drafted Is] - 169:16,
169:21, 177:11,
178:9, 180:4, 186:21
drafting li] - 175:13
drag [~] - 18:21
drastically Iz] -
14:22, 49:6
drawers li] - 76:8
drawn (~] - 183:22
dream (~] - 62:19
drew (~] - 166:20
drink li] - 37:14
drive (~] - 169:2
driven (~] - 134:6
driver ia] - 6:25,
29:18, 33:11, 79:19
driver's Iz] - 133:16
driving iz] - 17:2,
192:18
drop iz] - 39:22,
41:16
dropped Is] - 14:22,
49:6, 151:13
drove ia] - 19:2,
26:15, 168:25, 169:3
due Iz] - 109:2,
109:14
duly Is] - 6:5, 79:3,
99:3, 129:11, 148:17
dump [s] - 13:23,
64:14, 64:18
during Izs] - 9:10,
10:18, 26:14, 31:25,
32:25, 33:1, 46:1,
53:16, 55:24, 67:21,
69:17, 79:24, 80:7,
80:20, 90:18, 121:1,
122:20, 138:12,
146:6, 149:20,
150:22, 153:24,
168:19, 175:20,
188:1, 196:10
dwell (~ ] - 50:11
dwelled li] - 18:22
dwelling it] - 35:8
E
early lio] - 9:10,
10:8, 10:17, 14:24,
42:25, 43:1, 59:2,
59:6, 80:8, 199:17
easiest (~] - 184:16
easily ii] - 121:1
eating Is] - 15:8,
15:9, 49:9
echo (~] - 190:11
educate (i] - 112:15
education p] - 7:3,
7:20, 7:21, 7:22,
99:19, 104:15, 105:5
effect Is] - 110:5,
151:18, 159:18
effectuated li] -
173:3
ege Iz] - 176:15,
176:16
eight Is] - 133:25,
182:10, 182:15,
182:22, 184:12
eighteen li] - 15:2
either is] - 9:1,
12:18, 47:16, 82:17,
90:8, 177:17
eligible la] - 103:16,
103:17, 103:20
eliminating [~] -
46:13
Eline li] - 201:10
Elizabeth Is] - 97:9,
97:21, 160:13
elsewhere (~] -
115:6
Emory [z] - 100:5,
100:8
emotional (~] -
137:18
emotions (~] - 81:21
emptying li] - 55:5
encourage [~] -
39:23
encouraging Iz] -
63:4, 63:5
end ]s] - 41:8, 71:14,
73:2, 74:1, 125:4,
150:20, 182:13,
183:3, 184:7
enjoy (~] - 187:11
enjoyed iz] - 62:24,
73:13
enlarged Iz] -
114:24, 115:16
enter [s] - 177:20,
197:5, 197:25
entered is] - 53:21,
53:24, 169:15, 182:8
envisioning (~] -
5:14
equipmentli] -
64:16
equipped li] -
152:11
errorl~] - 170:1
especially ii] -
120:25
ESQUIRE [~] -
148:16
Esquire (s] - 1:24,
1:27, 4:12
Estate (~ ] - 4:6
estate (a] - 35:13,
144:17, 161:9, 184:1
estimate ii] - 110:18
et ii ] - 102:15
evan's [~] - 153:23
Evans Iss] - 2:4, 2:8,
4:6, 6:2, 6:8, 6:10,
6:13, 8:9, 9:20, 10:16,
22:1, 23:15, 33:20,
36:12, 40:16, 56:11,
56:15, 57:12, 65:19,
79:12, 94:7, 95:12,
96:25, 97:16, 107:9,
119:15, 120:1, 121:4,
129:8, 129:14,
129:16, 129:23,
129:24, 130:2,
139:23, 141:6, 146:3,
148:9, 149:1, 149:7,
149:24, 153:15,
153:25, 156:12,
163:14, 170:7, 171:5,
176:1, 176:13,
176:15, 177:12,
177:21, 177:22,
186:1, 186:5, 189:20,
190:2, 190:5, 190:9,
190:15, 193:17,
194:9, 198:10
129:10
evans ia] - 59:21,
115:22, 129:20, 190:1
Evans' [~] - 141:17
evening iz] - 137:17,
197:5
event [2] - 52:13,
52:14
events ii] - 193:8
eventually (i] -
41:16
everyday li] -
193:13
evidence [~~] -
55:17, 106:21,
109:13, 111:22,
117:2, 125:23, 126:2,
126:5, 128:18, 129:6,
197:24
Ex is] - 3:4, 3:5, 3:7,
3:8, 3:9
ex is] - 3:6, 135:19,
136:13, 151:23, 187:9
ex-wife la] - 135:19,
136:13, 151:23, 187:9
exact iz] - 33:22,
160:2
exactly l~s] - 50:20,
54:12, 69:4, 69:7,
92:22, 105:21, 106:2,
111:5, 119:3, 119:4,
124:21, 134:3,
136:10, 149:21,
167:1, 187:11
exam [2] - 103:21,
103:23
EXAMINATION iis] -
7
:6, 40:14, 57:10,
59:19, 69:23, 74:22,
77:25, 79:4, 93:3,
99:4, 106:22, 118:8,
123:24, 129:12,
148:22, 177:8, 187:2,
190:7, 194:7
examination [io] -
4:11, 56:2, 58:18,
65:22, 98:7, 100:2,
105:25, 107:15,
112:24, 194:18
examine [il - 120:24
examiner[s] - 58:8,
70:15, 101:9, 101:23,
102:5
examiner's [z] -
102:4, 102:16
example [a] - 115:7,
116:15, 120:23,
125:14
examples [2] -
45:14, 46:16
except [s] - 88:23,
88:25, 96:15, 96:21,
97:21, 113:21
excluded [~] - 98:15
excuse [i ] - 37:14
excused [a] - 98:10,
128:6, 189:14, 196:25
execute [s] - 153:5,
178:17, 182:10
executed [s] - 97:1,
158:14, 163:15,
163:17, 163:24
executing [~] -
185:16
execution [z] -
163:20, 164:3
executor [z] -
164:22, 165:1
Executrix [2] - 1:28,
169:20
executrix [i] -
165:14
exercise [i] - 115:9
exhibit [~] - 153:22
Exhibit [ss] - 21:22,
21:23, 91:8, 91:9,
98:24, 99:13, 106:18,
106:20, 106:25,
107:2, 107:6, 128:13,
128:15, 128:17,
128:20, 128:24,
129:1, 129:3, 129:5,
141:8, 144:16, 153:7,
153:17, 153:18,
155:17, 160:14,
161:3, 161:8, 163:7,
163:8, 169:13,
169:15, 169:20,
197:16
exhibiting [~] -
131:11
exhibits [s] - 197:14,
198:13, 198:14
EXHIBITS [~] - 3:1
Exhibits [s] - 197:21,
197:23, 198:11
exist [~] - 77:20
existence [i] - 118:2
expand [~] - 115:19
expansion [~] -
115:24
expect [~] - 189:21
expecting [~] - 50:12
expedited [il - 170:5
expenses [2] -
150:18, 182:12
expensive [i] -
24:10
experience [~] -
102:18, 104:11,
104:14, 105:5, 112:4,
117:6, 187:12
experienced [i] -
117:10
expert [s] - 93:7,
93:8, 93:10, 105:12,
105:15, 105:21,
106:11, 106:14
expertise [s] -
105:22, 106:2,
112:14, 112:20,
112:25, 117:14
explain [~s] - 15:12,
65:24, 99:18, 102:11,
104:3, 104:20, 105:6,
107:21, 109:25,
113:2, 113:11,
117:18, 149:11,
158:25, 163:1,
185:18, 185:22,
185:23, 191:7
explained [z] -
49:19, 139:10
explaining [z] -
112:16, 159:1
explanation [i] -
181:19
express [2] - 35:23,
136:19
extended [~] -
160:10
extensive [z] -
175:9, 183:21
extent [z] - 160:23,
174:9
extrapolate [~ 1-
125:5
extrapolated [i] -
116:8
eye [z] - 19:22, 63:23
F
face [~] - 76:12
fact [~z] - 5:16, 34:5,
47:12, 54:1, 54:2,
55:4, 55:16, 66:11,
110:13, 116:17,
135:22, 188:3
factors [il - 23:17
failing [t] - 81:24
fair [a] - 125:9,
180:3, 190:23, 200:2
fairly [z] - 133:24,
159:22
fall [a] - 10:20, 68:13,
182:1, 195:17
fallen [z] - 29:9, 55:7
falling [i] - 144:11
familiar [~] - 91:24,
91:25, 141:16,
141:19, 153:23,
154:5, 154:7
families [i] - 70:24
family [sz] - 11:5,
18:5, 19:13, 19:16,
19:17, 27:21, 30:2,
31:3, 31:22, 32:19,
36:13, 36:22, 40:3,
44:22, 44:23, 45:7,
50:8, 57:23, 57:24,
63:10, 70:17, 71:2,
75:12, 77:17, 77:21,
78:2, 81:25, 87:1,
118:23, 119:3,
119:10, 120:3, 120:9,
124:3, 124:6, 126:18,
126:20, 127:3, 127:8,
127:11, 133:5, 133:6,
133:9, 134:24,
142:22, 143:4, 144:4,
147:22, 160:11,
160:24, 183:17,
191:11
fan [z] - 158:11,
171:22
far [zol - 5:25, 18:20,
22:15, 26:22, 27:23,
40:21, 50:8, 51:19,
53:25, 58:20, 94:3,
122:21, 125:13,
133:20, 158:20,
159:11, 168:5,
173:12, 178:21,
183:22
farm [i] - 64:15
fast [i ] - 125:24
father [s7] - 6:21,
6:24, 7:7, 7:12, 7:19,
7:22, 8:16, 8:24, 9:4,
9:22, 10:18, 10:20,
11:4, 11:13, 11:22,
12:5, 12:12, 12:20,
13:3, 14:4, 14:8,
14:23, 18:10, 18:19,
20:14, 26:12, 27:10,
27:22, 28:14, 28:22,
31:4, 33:20, 34:15,
35:16, 36:5, 36:7,
36:10, 37:18, 37:25,
38:1, 38:12, 38:14,
39:5, 40:18, 41:9,
42:5, 42:9, 42:10,
43:11, 43:16, 44:21,
46:5, 48:5, 48:9,
48:12, 48:16, 48:24,
49:18, 51:10, 51:18,
51:20, 51:23, 52:6,
52:17, 52:20, 52:24,
54:25, 55:2, 56:5,
56:8, 57:13, 57:24,
58:9, 58:20, 59:1,
59:10, 59:21, 65:2,
65:21, 65:25, 69:14,
70:1, 71:2, 72:15,
72:18, 72:24, 73:2,
76:11, 76:16, 76:20,
76:23, 78:4, 78:12,
85:1
father's [tol - 13:4,
35:13, 37:17, 38:5,
46:17, 47:12, 50:17,
53:4, 66:22, 68:14
faucet [~] - 113:14
favor[] - 166:1
fees [i] - 72:4
fellow [a] - 100:19,
100:21, 100:22, 101:4
fellowship [s] -
100:23, 100:24,
101:10, 101:21, 102:9
felt [s] - 36:10,
165:23, 166:7, 183:8,
188:8
few [zi] - 4:15,
27:11, 27:18, 29:23,
30:2, 31:2, 34:3,
39:11, 48:14, 57:6,
72:15, 73:11, 96:16,
105:2, 105:11,
121:19, 132:19,
135:5, 144:1, 147:16,
179:1
fibers [~] - 126:13
fibrillation [s] -
109:7, 125:22
field [s] - 25:21,
61:21, 61:22
Fierro [a] - 101:11,
101:14, 101:17
FIERRO [~] - 101:17
fifty [z] - 6:15,
110:17
fifty-six [i] - 6:15
figure [~] - 26:6
figured [a] - 34:8,
38:20, 49:20, 135:12
file [is] - 150:21,
151:6, 151:10,
154:18, 156:11,
156:19, 157:3, 157:6,
162:12, 162:20,
167:14, 180:24,
181:8, 181:13,
188:17, 198:17
filed [s] - 150:18,
197:6, 198:20,
198:25, 199:7, 201:20
filled [21 - 167:13,
167:22
final [io] - 55:5,
63:14, 107:8, 108:23,
108:24, 111:20,
113:3, 118:12, 150:15
finalized [a] - 35:11,
85:20, 182:7, 184:19
finalizing [t] - 182:2
finally [sl - 14:25,
19:25, 62:2, 137:22,
198:16
finances [z] - 35:20,
66:19
financial [21 - 185:12
Finck [io] - 1:24,
4:16, 4:24, 28:16,
78:21, 86:23, 121:19,
186:25, 191:2, 194:6
FINCK [is21- 4:25,
5:5, 5:13, 5:19, 5:23,
6:1, 6:7, 9:18, 10:1,
10:5, 10:8, 10:14,
10:15, 11:12, 17:22,
21:20, 21:25, 23:12,
28:20, 29:7, 29:22,
30:11, 30:15, 30:17,
30:22, 30:25, 31:1,
33:19, 34:13, 34:25,
37:16, 40:12, 44:25,
53:15, 53:20, 55:21,
58:17, 59:18, 59:20,
61:10, 65:18, 69:19,
74:23, 77:23, 78:18,
78:22, 79:5, 80:6,
80:17, 80:18, 83:18,
85:18, 86:24, 86:25,
87:15, 88:10, 88:15,
90:22, 91:3, 91:6,
1:11, 93:1, 95:23,
98:5, 98:11, 98:14,
98:18, 98:22, 99:6,
100:12, 102:7,
105:14, 105:17,
105:19, 105:23,
106:5, 106:15,
106:23, 107:4,
109:20, 109:21,
112:22, 113:9,
113:10, 118:5, 120:2,
123:23, 123:25,
128:2, 128:7, 128:12,
128:19, 128:24,
129:7, 129:13,
129:22, 130:12,
131:21, 133:4,
134:18, 143:13,
148:3, 148:8, 148:13,
148:23, 153:20,
155:9, 156:3, 163:10,
165:5, 165:8, 165:12,
171:16, 174:21,
174:22, 177:5,
179:13, 187:1, 187:3,
188:12, 189:8,
189:15, 189:19,
190:1, 194:8, 195:19,
196:20, 197:1, 197:7,
197:10, 197:16, 199:1
finck [al - 59:17,
74:21, 80:5, 123:22
findings pl - 5:16,
105:25, 116:3,
117:21, 127:7,
127:24, 127:25
fine(i~(-5:11, 5:12,
21:2, 32:13, 43:9,
58:22, 86:23, 95:2,
98:17, 113:7, 120:11,
148:10, 166:19,
177:3, 185:14, 192:11
finish [sl - 44:1,
47:2, 77:11, 148:9,
155:4, 189:19,
199:19, 200:1
finished (~~ - 147:18
finishing (z( -
199:14, 199:21
fire (col - 26:5, 26:9,
53:1, 58:2, 58:3, 60:8,
62:8, 136:7, 137:6,
137:14
first (aal - 4:11, 4:15,
5:6, 5:7, 9:5, 33:23,
38:8, 40:16, 54:16,
61:19, 81:12, 81:14,
83:3, 83:4, 83:5,
84:10, 84:17, 84:18,
85:15, 87:5, 101:17,
104:5, 107:18,
107:24, 118:21,
131:6, 132:2, 134:14,
139:19, 146:7,
151:12, 152:12,
152:17, 154:21,
158:10, 162:9,
163:23, 163:25,
177:10, 177:11,
177:17, 179:11,
180:10, 180:13,
192:5, 192:21, 197:5
firsthand (zl - 95:5,
95:25
five (sl - 33:7, 64:21,
75:20, 112:8, 125:5,
159:3, 173:13,
185:21, 194:2
fix [z[ - 62:20, 183:16
fixing (a(- 26:3,
63:6, 136:5, 168:1
floor (~l - 136:1
flow (to(- 112:2,
112:4, 112:6, 112:9,
113:13, 113:16,
121:20, 122:8, 123:8,
123:17
flowing (zl - 110:7,
115:3
folks (il - 179:2
following [2( -
178:21, 198:3
follows (sl - 6:5,
79:3, 99:3, 129:11,
148:17
font [~] - 161:11
food (il - 15:5
foods (i (- 15:5
FOR (zl - 2:2, 3:2
foregoing (il -
201:18
forensic [al - 101:21,
102:9, 102:12, 103:12
foresight (~~ -
109:15
forget [sl - 33:4,
33:8, 101:2
forgetting [~~ - 18:16
forgive (sl - 96:18,
121:12, 123:14
form (~~ - 44:25
formulating (~~ -
113:1
forth (sl - 140:5,
146:21, 182:4
forward (sl - 10:13,
61:6, 80:11
foul [~1- 58:11
foundation [zl -
56:1, 56:19
four (~sl - 6:17, 6:18,
11:24, 12:1, 21:15,
21:17, 21:18, 87:12,
99:21, 101:4, 122:16,
125:5, 132:8, 132:20,
171:15
freeze (~~ - 81:4
frequent (~(- 9:11
frequently (s( -
150:20, 150:23,
150:25
Friday (sl - 37:20,
69:18, 143:12,
161:23, 167:7, 168:8
friend (zl - 112:15,
173:21
friendly (i(- 150:9
friends (zl - 173:20,
174:1
Front (~~ - 1:24
front pl - 13:17,
80:2, 107:5, 107:12,
107:14, 141:12,
169:13
frustrated (~(- 187:4
frustration (il -
178:14
full (sl - 6:8, 79:6,
79:18, 99:8, 129:14,
148:18
full-time (~~ - 79:18
fully [~~ - 201:5
functions (s(- 133:5,
133:6, 134:24,
142:22, 143:4, 144:5
funeral pl - 36:16,
36:17, 37:10, 76:4,
76:5, 83:12
furniture [sl - 17:11,
17:13, 17:14, 17:16,
17:17
G
garage [2] - 64:20,
73:13
garden [31 - 80:25,
81:3, 94:23
gas (21 - 183:15,
193:1
gathering [2] -
32:20, 57:24
general (al - 166:11,
166:12, 182:24, 189:4
General [~~ - 101:6
generalize [~~ -
121:16
generalized (i( -
104:24
generally (zl -
158:11, 167:18
gentleman (zl -
174:3, 189:23
gentleman's (~~ -
9:17
Georgia [2] - 100:6,
100:9
get-together (zl -
27:9, 27:22
gift (~l - 43:12
gifted [~1- 192:2
gifts (zl - 171:23,
183:20
gingerly [il - 59:9
girls (zl - 136:15,
192:8
Gisela (ss(- 8:8, 8:9,
8:10, 12:22, 13:12,
15:16, 17:7, 17:14,
20:9, 20:18, 33:23,
35:24, 36:3, 36:4,
36:8, 44:13, 49:5,
49:23, 50:22, 50:24,
60:15, 64:5, 66:9,
67:4, 71:12, 71:19,
71:21, 81:3, 83:19,
83:20, 83:21, 85:8,
85:19, 86:1, 86:20,
86:21, 135:19,
136:12, 136:19
Gisela's (~(- 35:9
given [sl - 70:3,
100:14, 139:2,
139:17, 188:24
glad (si - 18:25,
45:2, 131:16
gliosis [sl - 113:20,
113:23, 113:24
God [il - 108:17
grabbed (il - 118:14
grace (tl - 108:17
grade (zl - 7:22,
92:16
grams (~(- 114:23
grand (al - 19:12,
50:8, 63:9, 67:9
grand-kids (al -
19:12, 50:8, 63:9,
67:9
grandchildren (il -
170:12
granddaughter (a( -
138:1, 139:4, 157:15,
195:15
granddaughters (al
- 157:19, 158:6,
170:16, 171:1, 171:4,
171:12, 172:7, 173:5
grandfather [~~ -
15:21, 15:23, 15:25,
40:4, 42:19, 42:22,
60:21
grandkids (i[ -
171:11
grandmother (s( -
36:3, 39:19, 84:20,
84:24, 84:25
grandparents [i( -
171:11
grease [~(- 193:2
great [sl - 23:16,
165:18, 165:20
green [2] - 156:8,
161:12
green-colored [i( -
161:12
grew [il - 142:12
grill (il - 160:23
grooved (zl - 11:18,
61:21
growing [zl - 79:16,
193:3
grown (zl - 144:13,
144:14
guardianship (il -
175:4
guardianships (il -
175:1
guarding (2] - 20:12,
44:12
guess (nl - 15:5,
26:24, 38:8, 92:15,
159:12, 160:7,
160:18, 160:21,
161:5, 165:23,
166:10, 166:12,
177:2, 184:14,
187:16, 188:21,
196:10
guessing [al - 27:1,
72:8, 167:4
gunshot[it - 102:15
guy (a(- 26:4, 70:4,
70:19, 133:15
H
H-o-u-s-t-o-n (il -
97:12
habit (zl - 55:17,
160:22
habits (~~ - 49:9
half (i~l - 14:14,
14:15, 25:19, 25:22,
86:2, 159:7, 183:4,
187:9, 190:22, 191:6,
198:5
half-day (il - 198:5
hand (sl - 80:2,
161:8, 167:15
9
andle li] - 159:23
handled iz] - 34:22,
46:17
handling Iz] - 46:20,
46:21
hands I~1 - 182:22
handwriting las] -
53:4, 53:5, 91:14,
91:17, 91:18, 91:22,
91:24, 91:25, 92:2,
92:4, 92:11, 92:14,
92:18, 92:25, 93:6,
93:8, 93:12, 93:15,
93:16, 93:17, 93:19,
141:10, 141:14,
141:17, 141:19,
142:1, 142:2, 142:4,
142:6, 142:10,
142:17, 142:18,
153:23, 154:5, 154:7,
154:8, 154:13,
154:16, 154:23,
155:3, 156:6, 156:8,
156:11, 156:17,
156:24, 161:13,
162:2, 192:24
handwritten p] -
141:9, 141:13,
150:23, 151:4, 151:5,
153:22, 154:12
hang 1a1 - 11:19,
131:13, 132:6
happy [s] - 54:18,
149:21, 157:11,
187:7, 187:22
hard [i i] - 19:1,
47:1, 69:7, 85:15,
89:21, 90:3, 111:4,
111:15, 115:5, 130:9,
183:9
harderizl - 116:12,
167:25
harm 1z1- 49:21,
62:21
harrisburg 1t1 - 1:25
hat 131- 142:22,
142:25, 143:3
haul 111 -64:15
hauled 111- 13:23
head 1~] - 73:20
headaches 111- 15:1
heading 1a1- 12:18,
114:18, 114:20,
155:24
health 1i~1- 15:10,
18:15, 18:20, 37:18,
40:2, 59:10, 81:24,
84:11, 85:8, 135:13,
175:11
hearl~ol - 32:10,
46:4, 70:13, 114:19,
130:9, 143:23, 178:9,
179:8, 186:20, 190:13
heard [io] - 27:19,
31:16, 77:1, 77:4,
77:17, 131:17, 132:8,
159:21, 171:16,
186:19
hearing 101 - 4:5,
10:10, 23:13, 53:22,
177:1, 184:9, 198:3,
198:5, 199:17, 201:19
heart 1az1- 104:25,
105:7, 107:23,
108:18, 109:6,
109:11, 109:14,
109:15, 109:17,
110:11, 111:3,
111:12, 112:4, 114:6,
114:23, 114:24,
115:1, 115:3, 115:4,
115:6, 115:8, 115:10,
115:15, 115:17,
116:10, 116:11,
116:17, 117:24,
122:9, 124:24,
125:11, 125:22,
125:24, 126:1, 126:5,
126:9, 126:15
heater 1t1- 183:2
heck 1i1 - 49:21
held 131- 1:13,
54:17, 198:22
help [io] - 9:16,
18:11, 63:2, 65:10,
75:15, 75:24, 86:7,
142:13, 182:2, 185:12
helped [~] - 193:1
helpful 121 - 157:4
helping 1~1- 138:8
here..1~1 - 148:12
hereby 1z1 - 201:4,
201:19
hereditary 111- 71:1
herself 111 - 47:20
hi [i] - 176:9
high 121- 14:24, 59:6
highly 111- 166:3
Hill [~] - 12:2, 31:20,
82:3, 82:11, 82:17,
83:12, 129:20
himself 1~a1- 16:22,
132:19, 134:7,
157:22, 157:23,
162:14, 162:15,
178:13, 182:17,
182:19, 182:21,
188:4, 191:5
hippocampi 1z1 -
111:22, 117:2
hire [t) - 182:16
hired (z] - 24:3, 58:8
history la] - 120:18,
120:19, 120:22,
120:23
hogtie Is] - 18:21,
48:18, 61:16
hold Is] - 54:14,
67:24, 68:11, 73:18,
74:11
hole 1~1- 147:16
home 1~s1- 12:18,
13:11, 19:16, 26:25,
31:12, 37:1, 38:5,
44:13, 59:22, 64:19,
76:4, 76:5, 87:9, 94:9,
133:15, 133:17,
134:4, 137:25, 139:6
Homes 1z1 - 138:4,
139:5
homicide 1~1 -
102:15
honest 1zl - 174:5,
187:12
honestly 1i1- 162:25
Honor 1as1- 4:3,
4:14, 5:1, 5:5, 5:12,
5:14, 6:1, 9:18, 10:5,
11:7, 21:20, 23:12,
23:20, 30:22, 34:13,
40:12, 41:23, 44:25,
47:24, 53:9, 53:15,
53:18, 54:16, 54:25,
55:14, 56:4, 56:25,
57:6, 58:22, 59:15,
59:18, 60:25, 69:20,
69:22, 74:16, 78:17,
78:18, 78:22, 79:25,
80:6, 88:10, 90:23,
91:1, 91:3, 98:5, 98:8,
98:12, 98:23, 105:14,
106:8, 112:22, 118:6,
118:16, 123:21,
128:4, 128:7, 128:19,
129:8, 148:3, 148:8,
155:18, 155:19,
171:14, 171:17,
174:19, 174:21,
177:5, 186:10,
186:23, 188:2, 189:9,
189:11, 189:19,
194:5, 196:23, 197:1,
197:2, 197:7, 197:8,
197:13, 199:1, 199:2,
199:9
HONORABLE 111 -
1:13
hopes 111 - 152:8
hoping 111- 63:17
hospital 131- 7:25,
8:1, 100:5
Hospital Is] - 100:4,
101:6
hour I~1 - 159:7
hours lio] - 81:23,
94:19, 94:21, 94:24,
121:9, 126:14, 178:6,
178:7
house 13x1- 15:22,
16:24, 17:1, 17:7,
17:8, 20:10, 20:12,
20:19, 22:21, 22:22,
27:7, 27:17, 33:24,
39:20, 44:12, 50:17,
51:16, 55:6, 60:12,
69:5, 76:3, 76:10,
79:21, 79:22, 84:8,
90:14, 90:19, 135:24,
143:5, 182:21, 195:15
houses 131- 24:10,
63:1, 182:25
housing 1~1- 24:10
Houston 1a1- 42:2,
97:11, 100:18, 100:25
hum 131- 114:22,
145:23, 153:9
hundred 1i1- 15:2
hung 1i1- 86:9
hurry [21 - 62:8,
170:2
hurting 1i1 - 51:1
husband 1x1- 28:1,
28:8, 64:18, 65:16,
71:25, 194:11
hypertrophy 111-
114:24
hypoxia 121 - 113:17,
113:18
hypoxic 1x1- 111:21,
113:11, 117:1,
117:11, 124:17
ice 111- 15:9
idea 131 - 40:24,
51:5, 72:11, 78:14,
95:8, 95:9, 140:9,
158:5, 158:6, 172:12,
193:15, 194:3, 194:14
identification 1x1-
21:24, 91:10, 98:25,
107:3, 153:19, 163:9
identified 131-
198:12, 198:13,
198:14
identify 1z1 - 99:13,
107:6
illness [a] - 10:3,
174:15, 174:18,
174:20
immediate ii] -
109:1
immediately la] -
4:17, 9:3, 13:3, 162:9
importance [~] -
163:23
important is] -
120:19, 120:21,
151:10, 171:18,
183:7, 183:8
imposing 1i1 -
171:19
impression 1x1-
160:1, 166:12, 174:7
IN[21-1:1,1:6
inability 1i1 - 61:16
inactive 1z1 - 103:3,
103:4
inasmuch 1i1 - 56:4
inaudible [~] - 46:24
incapacitated 1t1 -
175:7
incident 1x1 - 42:18,
42:23, 43:15, 142:21,
143:2
include 1x1- 144:18,
171:4, 171:7, 172:5,
172:22
included 1a1- 161:2,
170:7, 170:17, 171:5
including 131 -
120:18, 159:17, 178:8
independent 1z1 -
181:20, 183:10
INDEX 111- 3:1
indicate 131- 4:7,
117:16, 118:3
indicated 1so1 - 29:8,
29:16, 30:1, 30:3,
30:12, 31:21, 37:7,
39:6, 60:7, 60:13,
62:11, 65:22, 66:20,
68:14, 75:4, 84:16,
92:19, 108:10,
109:23, 117:23,
124:1, 124:20,
126:17, 148:25,
152:15, 154:11,
187:4, 194:12, 194:13
indication (~1-
124:25
indicative [i) -
113:12
Individual 1z1 -
114:18, 114:21
indulgence 1z1 - 5:6,
91:4
infarctions [~1-
110:25
10
nfer ii] - 122:23
inflammation Iz] -
126:11, 126:14
inflammatory [~] -
126:12
influence Iz] - 95:12,
126:20
information ia] -
11:8, 96:20, 120:14,
120:17
initial iz] - 40:24,
191:20
injury [s] - 114:2,
116:22, 117:3
inside Is] - 16:13,
94:25, 109:17,
109:18, 111:11,
135:24
instances (~] - 55:19
instead ii] - 31:15
instructor [~] -
100:15
insulation li] - 22:12
insultli] - 172:10
insuranceli]-
161:10
intellect ia] - 9:17,
10:4, 23:11, 23:16
intended Iz] - 53:21
intent li] - 171:7
intentionally [s] -
54:17, 170:7, 171:5
intentions Iz] -
19:17, 20:2
interact [i] - 10:17
interacting (i] -
143:20
interactions [~] -
9:19
interested la] - 10:9,
25:24, 25:25, 66:19
interesting Iz] -
104:6, 104:8
internship It] -
100:3
interpretli] - 155:2
interpretation is] -
155:6, 156:9, 172:8
interrupt Is] - 9:15,
96:24, 180:17
involved Iz] - 55:3,
175:10
IRA li] - 161:10
Irma ps] - 12:14,
26:15, 26:22, 28:1,
28:2, 28:10, 31:4,
31:15, 31:17, 31:19,
32:7, 33:16, 33:17,
35:14, 36:5, 38:3,
38:5, 39:3, 44:20,
46:4, 46:16, 48:4,
48:13, 64:11, 64:13,
64:25, 65:7, 65:20,
66:18, 69:4, 69:9,
71:24, 72:14, 76:3,
76:19, 76:23, 78:10,
88:20, 89:7, 95:6,
95:11, 97:18, 119:18,
119:19, 138:14,
140:13, 140:14,
143:21, 148:1,
159:17, 159:20,
160:2, 160:20,
165:17, 166:1, 166:3,
166:14, 166:16,
166:17, 180:3,
180:11, 186:20,
193:11, 193:12,
193:16, 194:10,
194:14, 194:18,
194:23, 195:4
Irma's [2] - 28:8,
65:16
irreversible li] -
112:9
irritated Iz] - 75:19,
75:22
Irving [~o] - 79:12,
85:21, 107:9, 129:24,
130:2, 137:18,
137:23, 139:23,
141:17, 146:3
ischemia (a] - 112:6,
124:17, 127:21
issue la] - 155:10,
155:12, 173:2, 185:19
issues is] - 89:2,
104:16, 104:19
item p] - 111:8,
111:9, 169:23, 169:24
items Is] - 64:24,
76:8, 183:20, 183:22,
183:23
itself Is] - 22:17,
62:14, 127:22
100:10, 100:14, 101:1
jobs ii] - 79:18
JOHNSON [~] - 90:4
JOHNSTIN li] - 79:2
Johnstin lia] - 2:5,
78:23, 79:6, 79:8,
79:9, 80:19, 91:7,
91:12, 91:13, 92:19,
93:5, 97:14, 98:7,
160:13
join li] - 101:10
JOSE li] - 99:2
Jose Is] - 2:6, 98:23,
99:9
jose li ] - 2:7
Jriz] - 1:14, 201:24
Judge Is] - 79:23,
92:13, 99:18, 127:16,
175:6
Judicial [~] - 201:25
July (~] - 134:15
jump Iz] - 147:10,
179:12
June Is] - 1:15,
184:21, 184:23,
198:1, 198:6
K
keep loo] - 11:4,
18:16, 62:24, 63:23,
136:12, 151:10,
167:2, 170:13,
172:16, 180:20
keeping I2) - 14:23,
158:12
kept )~] - 67:13,
84:21, 180:18, 181:6,
181:7, 188:25, 189:2
keys iz] - 16:14,
16:15
kid [2] - 48:22,
147:15
kidney Iz] - 111:19
kidneys [~) - 115:7
kids iio] - 9:8, 9:10,
50:7, 50:8, 63:9, 67:9
J 9:12, 19:12, 48:25,
J-o-h-n-s-t-i-n [2] - killed li] - 8:19
79:10, 90:5 kind Iso] - 15:5, 22:9,
JANE (~] - 148:16 28:5, 31:20, 32:19,
Jane Is] - 2:9, 4:12, 36:8, 36:11, 39:1,
5:8, 34:20, 34:21, 42:14, 59:25, 66:6,
148:9, 148:13, 66:9, 66:18, 73:24,
148:20, 161:23 75:13, 81:22, 92:16,
January [2] - 89:7, 112:11, 113:23,
145:16 127:22, 131:11,
Jersey i2] - 101:2, 135:16, 142:4, 142:5,
103:1 145:10, 151:2,
job is] - 7:3, 7:16, 182:19, 193:3, 193:4
11
kINDEX h] - 2:1
kinds (s] - 15:9,
29:20, 38:19, 68:4,
73:20
kitchen is] - 17:6,
25:2, 50:15, 51:8,
52:9
knife (~] - 111:15
knocked ii] - 136:2
knowledge la] -
72:9, 95:6, 174:6,
182:18
known Is] - 19:2,
52:9, 119:15
knows li] - 63:1
L
labeled la] - 107:6,
144:16, 160:14,
169:20
Labor [2] - 87:5,
134:14
laboratory [~] -
101:7
lack [~] - 181:17
ladyh]-8:3
laid li] - 157:13
land iza] - 19:21,
20:6, 20:8, 20:16,
20:23, 21:3, 21:10,
21:16, 24:2, 32:12,
32:15, 39:5, 39:14,
39:15, 41:9, 41:14,
43:12, 61:19, 63:16,
66:4, 66:5, 94:23
language Is] - 170:8,
170:9, 170:10,
170:14, 170:15,
171:7, 171:8, 172:23,
173:4
last izo] - 8:11, 8:12,
18:13, 18:14, 62:18,
64:7, 71:14, 72:15,
79:20, 89:18, 89:19,
89:20, 90:2, 94:25,
133:8, 134:14, 144:1,
145:8, 145:10, 170:8
lasted [~] - 178:2
late is] - 10:8, 10:16,
12:21, 42:25, 80:8,
152:20, 192:16,
192:17
lateral (~] - 110:25
latest (~] - 97:1
law Iz] - 5:16, 112:25
lawn is] - 17:10,
17:12, 17:14, 17:15,
17:17, 27:6
lawyer (~] - 194:1
lawyers li] - 194:2
laying Is] - 17:5,
50:23, 51:7
layman's li] - 117:19
laymen's (~] - 109:10
lead Is] - 65:25, 66:6,
66:9, 67:5, 76:13
leads li] - 135:16
leaking (i] - 135:25
learn li] - 160:8
learned la] - 47:21,
138:13, 154:21,
191:20
least is] - 9:6, 9:7,
9:12, 9:13, 11:2,
130:25, 166:25,
167:3, 168:6
leave h s] - 12:24,
13:22, 14:4, 44:12,
44:13, 60:12, 68:6,
68:8, 73:6, 73:23,
98:20, 128:9, 170:11,
171:10, 171:23,
172:1, 172:10,
189:17, 197:3
leaves Is] - 76:10,
167:21
leaving Is] - 13:2,
13:3, 157:19, 157:23,
172:15
led iz] - 15:13, 23:18
left Izs] - 12:23,
12:25, 14:14, 14:20,
15:7, 15:10, 16:16,
20:10, 26:21, 32:7,
49:6, 50:22, 85:8,
85:19, 86:20, 107:20,
107:24, 107:25,
108:3, 108:6, 109:2,
110:13, 110:25,
114:24, 125:18,
140:24, 162:15,
167:9, 192:22
leg ii] - 105:1
legal li] - 72:4
legs (i] - 105:1
length li] - 152:2
less Igo] - 9:11,
91:21, 113:15,
116:10, 157:12,
173:4, 176:25,
190:25, 191:1, 191:6
letteriz] - 3:5,
153:13
level Is] - 7:20, 99:19
license [s] - 103:2,
133:16
licensed (z] -
102:22, 102:25
life ia] - 6:17, 64:7,
1:14, 174:6
likelihood [i1 - 116:4
likely [s1 - 112:3,
117:10, 125:22
limit [i1 - 199:21
limited [a1- 44:21,
44:23, 45:7, 113:5
limiting [i1- 45:11
line [21 - 135:13,
171:4
lines [~1 - 173:1
listlal- 3:8, 159:17,
183:21, 183:23
listed f31 - 160:13,
160:16, 165:22
listening [i1- 46:10
literally [~1- 113:18
litigating [i1- 150:19
litigation [i1 - 149:21
live [i21- 6:10, 6:20,
7:14, 12:1, 12:3, 20:3,
22:16, 26:22, 50:12,
52:24, 53:1, 84:3
lived [201- 6:16,
7:15, 7:17, 8:3, 8:4,
12:16, 18:20, 19:22,
21:12, 22:7, 22:11,
22:21, 31:12, 52:25,
90:13, 126:13, 131:6,
134:4, 174:4, 182:25
lives [71- 12:2, 12:4,
12:12, 19:13, 25:23,
46:2, 133:21
livid [a1 - 149:8,
149:12, 149:17,
151:13
living [is1- 8:3,
16:21, 25:2, 84:14,
84:15, 84:24, 84:25,
85:12, 85:13, 90:9,
97:2, 97:5, 97:20,
121:4, 121:8
located [~[ - 55:5
lodge [~1- 55:21
logged [i1 - 178:6
look 1~s1- 38:21,
40:3, 40:5, 47:3,
54:13, 54:23, 73:16,
92:1, 110:19, 118:12,
142:17, 151:8,
169:19, 170:21
looked [s1- 22:13,
24:6, 69:11, 92:14,
135:22, 135:23,
135:24, 156:19,
192:10
looking [i21 - 15:23,
16:14, 46:22, 62:17,
76:11, 100:25,
109:16, 119:4, 119:6
123:2, 125:10, 188:17
looks [s1 - 17:15,
22:4, 154:7, 162:2,
169:25
lose [~[ - 181:5
loss [s1- 117:4,
117:21, 117:22,
123:17, 124:18
lost [i ~1- 7:5, 33:9,
33:12, 37:3, 37:8,
37:9, 63:6, 82:4, 87:8,
133:9, 146:8
lottery [s1- 28:25,
29:2, 29:3, 55:3, 64:3
loud [21- 149:14,
178:24
Ispoke [i1- 173:16
lumen [s1 - 108:8,
110:5, 110:9, 110:15,
125:19
lunch [s1 - 80:25,
94:22, 96:25, 97:24,
97:25
LUNCH [i1- 98:2
M
99:9
machine [~1- 162:24
mad [~i] - 26:17,
27:20, 27:23, 31:17,
31:22, 32:1, 32:5,
32:10, 32:15, 39:9,
44:10
mail [21 - 55:4, 90:12
main [s1- 35:21,
62:9, 107:23, 107:24,
111:11, 125:18
man [71- 49:22,
50:12, 67:25, 68:9,
73:19, 112:10, 182:20
manage [~ 1- 183:10
managing [~1-
183:11
manifest [i1- 104:24
manifested [~1-
105:3
Marcella [z1-
101:10, 101:18
marcella [i1 - 101:14
March [~s1 - 4:9,
30:7, 30:18, 30:21,
31:3, 145:21, 145:22,
148:25, 195:21,
195:24, 196:5,
198:15, 198:20,
198:24, 199:6
MARIE [~1- 79:2
Marie [s1 - 2:5,
78:23, 160:12
mane [z1 - 79:8,
97:14
marital [~1 - 12:23
Mark [21- 1:27,
153:14
Mark's (~] - 176:16
MARKED [i1 - 3:2
marked [~s1- 21:21,
21:23, 53:13, 91:8,
91:9, 98:24, 99:12,
106:25, 107:2, 111:9,
118:16, 141:7, 153:7,
153:17, 153:18,
163:7, 163:8, 169:13
markedly [a1 - 112:5,
112:7, 125:16
married [ia1 - 7:23,
8:2, 8:5, 8:6, 8:13,
8:21, 9:10, 12:20,
12:22, 26:4, 50:6,
85:9, 89:18
marry [i1- 26:4
marrying [~[ - 8:3
Master's [~1- 184:8
Mateya [is1- 98:5,
106:7, 113:5, 118:7,
128:3, 128:25,
153:14, 155:1,
155:12, 156:4, 177:6,
179:15, 181:10,
184:24, 197:19
mateya [i o1- 1:27,
40:13, 65:19, 68:18,
69:21, 77:24, 90:24,
93:2, 106:3, 196:21
MATEYA [sal - 4:3,
4:14, 4:20, 5:12, 5:20,
11:7, 23:20, 40:15,
41:23, 41:25, 44:3,
44:8, 45:2, 45:5, 47:6,
47:24, 48:2, 48:3,
49:3, 53:9, 53:12,
53:18, 54:1, 54:8,
54:14, 54:16, 54:21,
54:24, 55:13, 55:16,
56:3, 56:11, 56:14,
56:21, 56:24, 57:6,
57:9, 57:11, 57:22,
58:22, 58:25, 59:15,
60:25, 69:22, 69:24,
74:15, 74:19, 77:13,
78:1, 78:16, 79:25,
90:25, 93:4, 98:12,
106:8, 106:12,
106:17, 112:18,
113:7, 118:9, 118:15,
118:18, 120:10,
123:20, 128:4, 128:8,
128:14, 129:2,
155:13, 155:18,
155:23, 156:1,
171:14, 174:19,
177:7, 177:9, 179:16,
181:11, 184:25,
185:1, 186:10,
186:12, 186:23,
188:2, 189:11,
189:16, 190:8, 194:4,
196:22, 197:2, 197:8,
197:13, 197:20,
199:2, 199:9, 199:18,
199:22, 200:2
Mateya's [a1- 68:17,
124:2, 124:20, 194:13
mateya's [a1 - 60:14,
61:16, 62:12, 66:21
matter [s1 - 4:5,
32:20, 53:17, 54:2,
55:20, 122:2, 149:19,
201:19
mattered [~ 1- 58:5
matters [~1- 113:4
MD [~) - 99:2
mean [s~1- 13:17,
14:18, 27:6, 27:23,
29:12, 32:21, 32:22,
33:9, 40:2, 43:25,
48:22, 50:6, 52:19,
52:22, 58:6, 58:7,
60:8, 60:20, 62:18,
62:23, 63:5, 66:6,
67:17, 67:18, 67:23,
74:10, 75:1, 75:17,
88:5, 89:10, 93:6,
96:12, 96:18, 111:1,
111:10, 111:23,
114:25, 118:24,
126:15, 132:18,
135:2, 146:23, 147:7,
152:2, 154:20,
156:22, 157:3,
157:11, 157:13,
158:17, 158:20,
158:23, 159:6,
159:22, 160:22,
160:24, 161:17,
161:19, 162:8,
162:17, 162:19,
163:4, 163:25,
164:17, 165:21,
165:23, 166:4, 166:7,
166:9, 167:1, 167:8,
168:5, 168:11, 170:3,
172:25, 173:11,
176:25, 177:3,
178:12, 178:23,
184:2, 184:5, 186:2,
187:11, 187:16,
187:18, 187:21,
188:8, 189:1, 190:19
meaning [i1- 126:11
means [ia1 - 54:19,
103:20, 108:7,
109:25, 110:1, 111:2,
111:24, 112:6,
117:20, 125:18,
126:13, 127:17,
159:15, 163:5
meant [21- 54:19,
149:11
Mechanicsburg [~] -
7:1
medical [is1- 58:8,
59:3, 70:15, 99:20,
99:22, 101:9, 101:23,
102:4, 102:16,
120:19, 150:18,
174:11, 174:13,
182:11
medication [i1 -
75:13
medicine [121 - 15:4,
15:8, 100:19, 100:20,
100:24, 101:1, 101:8,
103:12, 103:13,
103:14, 104:8, 121:12
Medicine [i1 -
100:25
meeting [221- 150:4,
152:12, 152:13,
152:17, 152:22,
152:23, 158:9,
158:10, 158:12,
159:5, 159:7, 159:9,
159:25, 162:22,
163:20, 163:24,
166:23, 167:5,
168:24, 173:11,
175:20
meetings [a1-
149:23, 168:4,
168:19, 183:19
member [a1 - 120:3,
120:8, 120:11
members p1 - 11:5,
18:6, 44:22, 44:24,
77:18, 78:2, 147:23
memory [~1 - 82:21,
117:4, 117:21,
117:22, 122:19,
124:18, 157:4
mental [201- 18:20,
32:24, 35:5, 42:14,
42:25, 43:11, 59:10,
60:23, 84:11, 114:9,
114:10, 135:14,
174:14, 174:18,
174:20, 174:24,
175:2, 175:11,
12
78:10, 178:12
mentally [s) - 15:13,
55:1, 56:6
mention [i) - 100:10
mentioned [i7) -
7:19, 38:1, 50:14,
52:13, 69:10, 69:25,
71:24, 96:16, 96:21,
109:22, 118:24,
118:25, 136:20,
137:12, 137:13,
179:1, 193:22
mentioning [i) -
165:21
message [~) -
172:14
messages [i) -
169:9
messed [i) - 169:25
messing [s) - 67:25,
73:19, 73:24
met [s) - 119:18,
149:25, 159:20,
173:7, 180:3
Michele [i) - 201:10
microphone [2) -
129:18, 133:3
microscope [i) -
127:18
mid [z) - 12:13,
184:21
mid-2005 [~) - 182:7
mid-year[i)- 184:21
middle [~) - 134:13
midmorning [~) -
56:22
midnight [i) - 37:21
might [zo) - 25:25,
30:20, 52:2, 53:7,
62:16, 71:3, 81:23,
96:13, 136:10,
144:24, 151:2, 152:3,
152:15, 157:4,
161:20, 162:23,
176:8, 177:16,
180:17, 181:16
miles [7) - 12:3,
26:24, 27:1, 27:5,
36:25, 134:1
military [~) - 8:22
mind [ta) - 23:21,
26:20, 33:1, 34:9,
35:8, 35:10, 49:22,
49:24, 60:15, 62:12,
62:17, 80:14, 133:2,
178:21
mine )s) - 89:4,
96:14, 112:15
minimus [i) - 112:3
minute [z) - 118:15,
148:5
minutes [zz) - 56:23,
67:25, 68:3, 68:7,
68:8, 68:12, 73:5,
73:6, 73:11, 73:15,
74:12, 112:8, 126:10,
132:9, 132:19,
132:20, 135:5,
147:16, 159:11,
159:13, 185:15,
189:21
missed [z) - 36:22,
36:23
mistake [s) - 24:15,
52:2, 170:4
mistaken [s) - 84:24,
134:12, 140:10
mixup [~) - 199:10
moderately [z) -
107:19, 109:24
mom [~) - 50:12
mom's [z) - 37:10,
51:15
moment [s) - 47:25,
81:16, 90:25
moment's [i) -
168:15
Monday [s) - 20:15,
167:6, 168:9
money p) - 66:16,
71:25, 72:4, 86:1,
86:2, 177:3
month [~s) - 9:7,
9:13, 10:23, 67:11,
111:5, 125:12,
125:13, 130:20,
130:25, 132:8,
136:10, 195:13,
195:14
months [s) - 82:16,
83:13, 88:2, 88:13,
88:17, 101:20, 111:5,
136:11
morbid [~) - 36:11
morning [io) - 4:3,
4:4, 13:23, 20:14,
24:11, 26:15, 37:24,
38:8, 199:10, 199:13
most [a) - 12:16,
51:14, 132:16, 151:10
mostly [~) - 169:9
mother [za) - 12:11,
31:11, 31:12, 82:13,
82:22, 82:24, 82:25,
83:1, 83:6, 83:13,
83:14, 83:15, 83:16,
84:19, 84:20, 88:2,
88:14, 88:22, 89:1,
89:5, 89:13
mother's [s) - 36:17,
84:23, 87:4, 89:3,
89:6, 89:10, 145:8,
145:24, 147:1
move [2a) - 5:24,
9:21, 10:13, 10:16,
19:14, 19:18, 20:2,
20:25, 24:17, 24:22,
25:4, 25:11, 25:24,
39:17, 39:22, 39:23,
41:9, 62:8, 86:7,
90:16, 105:15,
106:15, 128:12,
128:20, 129:17,
183:14, 183:16,
197:10
moved [~s) - 7:4, 7:5,
7:6, 7:16, 7:23, 8:1,
8:4, 9:3, 9:5, 39:13,
79:17, 85:1, 90:9,
90:14, 90:17, 197:15
moving [~) - 8:2,
19:4, 19:15, 19:20,
24:24, 66:3, 95:4
MR [zso) - 4:3, 4:14,
4:20, 4:25, 5:5, 5:12,
5:13, 5:19, 5:20, 5:23,
6:1, 6:7, 9:18, 10:1,
10:5, 10:8, 10:14,
10:15, 11:7, 11:12,
17:22, 21:20, 21:25,
23:12, 23:20, 28:20,
29:7, 29:22, 30:11,
30:15, 30:17, 30:22,
30:25, 31:1, 33:19,
34:13, 34:25, 37:16,
40:12, 40:15, 41:23,
41:25, 44:3, 44:8,
44:25, 45:2, 45:5,
47:6, 47:24, 48:2,
48:3, 49:3, 53:9,
53:12, 53:15, 53:18,
53:20, 54:1, 54:8,
54:14, 54:16, 54:21,
54:24, 55:13, 55:16,
55:21, 56:3, 56:11,
56:14, 56:21, 56:24,
57:6, 57:9, 57:11,
57:22, 58:17, 58:22,
58:25, 59:15, 59:18,
59:20, 60:25, 61:10,
65:18, 69:19, 69:22,
69:24, 74:15, 74:19,
74:23, 77:13, 77:23,
78:1, 78:16, 78:18,
78:22, 79:5, 79:25,
80:6, 80:17, 80:18,
83:18, 85:18, 86:24,
86:25, 87:15, 88:10,
88:15, 90:22, 90:25,
91:3, 91:6, 91:11,
93:1, 93:4, 95:23,
98:5, 98:11, 98:12,
98:14, 98:18, 98:22,
99:6, 100:12, 102:7,
105:14, 105:17,
105:19, 105:23,
106:5, 106:8, 106:12,
106:15, 106:17,
106:23, 107:4,
109:20, 109:21,
112:18, 112:22,
113:7, 113:9, 113:10,
118:5, 118:9, 118:15,
118:18, 120:2,
120:10, 123:20,
123:23, 123:25,
128:2, 128:4, 128:7,
128:8, 128:12,
128:14, 128:19,
128:24, 129:2, 129:7,
129:13, 129:22,
130:12, 131:21,
133:4, 134:18,
143:13, 148:3, 148:8,
148:13, 148:23,
153:20, 155:9,
155:13, 155:18,
155:23, 156:1, 156:3,
163:10, 165:5, 165:8,
165:12, 171:14,
171:16, 174:19,
174:21, 174:22,
177:5, 177:7, 177:9,
179:13, 179:16,
181:11, 184:25,
185:1, 186:10,
186:12, 186:23,
187:1, 187:3, 188:2,
188:12, 189:8,
189:11, 189:15,
189:16, 189:19,
190:1, 190:8, 194:4,
194:8, 195:19,
196:20, 196:22,
197:1, 197:2, 197:7,
197:8, 197:10,
197:13, 197:16,
197:20, 199:1, 199:2,
199:9, 199:18,
199:22, 200:2
MS [i) - 148:24
multiple [z) - 109:15,
111:2
murders [i) - 102:15
muscle [7) - 110:11,
115:8, 115:9, 115:18,
115:25, 126:9, 126:12
must [2) - 103:20,
114:16
myocardial [i) -
110:24
N
name [sa) - 6:8, 8:7,
8:11, 8:12, 20:24,
20:25, 21:4, 65:11,
79:6, 89:16, 89:18,
89:19, 89:20, 89:21,
90:2, 90:3, 92:6, 97:6,
99:8, 101:13, 101:18,
129:14, 136:12,
136:13, 137:10,
144:21, 144:22,
145:6, 145:7, 148:18,
151:23, 175:18,
190:4, 192:6
named [i) - 43:4
names [z) - 97:7,
165:21
narrow [a) - 110:6,
122:11, 122:14,
125:19
narrowed [i) -
116:10
narrowing [s) -
110:15, 122:8, 127:20
natural [a) - 186:6,
186:8, 186:11, 186:14
nature [~) - 170:18
near [2) - 12:2, 12:16
nearly [i) - 71:9
neat [i) - 142:3
Nebraska [i) -
100:15
necessary [i) -
172:12
necrosis [i) - 126:9
need [~z) - 5:24,
25:17, 63:9, 77:10,
86:6, 96:24, 106:1,
162:21, 170:22,
185:12, 185:19,
189:24
needed [is) - 72:4,
76:5, 76:9, 141:1,
150:17, 151:3, 164:4,
164:7, 164:8, 164:21,
164:25, 165:6, 165:13
neighbor[i) - 65:10
neighborhood [a) -
13:1, 14:7, 16:8,
33:15
nephews [i) -
147:24
nephrosclerosis [i]
- 111:18
neurological [s) -
104:19, 106:5, 120:15
neurologist [i) -
124:11
neurons [~] - 113:18
13
europathologist [~1
- 112:13, 112:15,
112:23, 114:8,
116:25, 117:13, 127:2
neuropathologist's
[2] - 117:15, 127:25
neuropathology [~] -
120:16
never [ss] - 24:23,
26:25, 27:6, 27:7,
36:22, 39:6, 43:23,
44:5, 53:16, 59:2,
59:12, 73:17, 77:8,
77:12, 77:14, 85:6,
85:7, 90:12, 90:14,
90:19, 103:13,
133:12, 144:13,
147:18, 154:24,
156:10, 159:20,
159:21, 178:16,
185:4, 188:8, 193:22,
193:25
New [z[ - 101:2,
103:1
Newark [z] - 101:3
news [a] - 67:9,
70:20, 70:22
next [za] - 17:9,
17:12, 19:13, 20:2,
24:11, 25:7, 25:8,
26:14, 37:24, 39:15,
41:21, 86:9, 100:16,
137:16, 146:8,
162:24, 175:23,
175:25, 176:17,
182:25, 195:9, 196:4,
196:6
next-door [~1 -
176:17
nicer[i] - 181:18
nieces [i] - 147:24
night[ie] - 13:25,
24:9, 37:21, 37:23,
69:17, 69:18, 133:10,
195:8, 195:9, 196:4,
196:7
nine [i] - 31:10
Ninth [~1- 201:25
NO [i] - 1:2
nobody p] - 19:11,
52:6, 85:8, 86:4,
89:21, 145:11, 179:23
none [a] - 38:25,
129:2, 136:16, 140:19
Norfolk [i] - 131:7
normal [i] - 32:9
normally [s] - 31:6,
110:10, 141:3,
146:12, 165:24
North [z] - 1:24,
25:23
notarize [2] - 164:20,
167:19
notary's [i] - 167:22
notated [~1 - 56:8
notation [~1- 153:1
note [~s] - 55:17,
150:6, 153:14,
153:22, 154:1, 155:7,
156:8, 157:13,
157:20, 160:19,
161:19, 168:9,
170:11, 170:25, 185:2
noted [a] - 121:19,
124:5, 198:7, 198:16
notes [~s] - 48:18,
55:18, 141:9, 141:13,
144:16, 150:23,
151:4, 151:5, 154:12,
161:20, 197:6,
198:18, 198:19,
198:24, 199:5, 201:5
nothing [zs] - 40:12,
69:19, 76:10, 77:23,
78:16, 78:18, 80:23,
81:6, 84:5, 90:22,
93:1, 94:6, 118:5,
128:2, 128:4, 131:9,
135:6, 148:3, 177:5,
189:8, 189:11, 196:20
notice [s] - 73:11,
168:15, 173:15
noticed [s] - 24:7,
81:11, 81:13, 82:14,
84:10, 92:6
NOW [i] - 198:1
nuclear [s] - 100:19,
100:24, 101:1, 101:7,
101:9, 103:12,
103:13, 103:14, 104:8
Number [~1- 1:16
number[i~l - 53:14,
83:20, 83:21, 104:1,
107:24, 111:8, 111:9,
120:22, 150:17,
182:9, 198:9
Numbers [~] -
197:17
106:3, 106:9, 106:11,
106:17, 120:2,
128:14, 129:1,
174:19, 188:2,
197:13, 197:20
objects [a] - 186:6,
186:8, 186:11, 186:14
observe [s] - 142:10,
143:19, 143:24
observed [21 - 80:20,
131:11
obsession [i] -
67:15
obtain [~1 - 118:23
obtained [~] - 118:22
occasion [a] - 132:1,
132:13, 143:24,
149:17
occasionally [i] -
66:2
occluded [s] - 108:7,
108:8, 108:9
occlusion [s] -
107:20, 125:21,
126:8, 126:16
occur [~1- 116:1
occurred [s] -
108:11, 115:25,
125:12, 140:2,
178:16, 185:4
occurrence [~1-
121:24
occurring [i[ -
117:25
October [i 1- 87:23
odd [2[ - 31:14,
38:23
off-the-wall [i] - 68:5
offensive [z] - 93:6,
173:5
offer[s] - 55:20
offered [~1 - 101:6
offers [~[ - 182:4
office [is] - 102:4,
149:7, 150:6, 162:6,
169:7, 175:22,
175:23, 175:24,
176:4, 176:18,
177:15, 177:18,
180:12, 180:15,
199:11
Official [i] - 201:11
often [ia] - 9:4, 9:9,
10:17, 10:25, 15:17,
36:13, 45:23, 60:11,
72:21, 94:9, 95:6,
95:14, 95:21, 95:22,
130:22, 130:23,
151:1, 190:15
numerous [~[ -
134:4
0
object p] - 44:25,
79:25, 112:18,
112:20, 113:6,
171:14, 179:13
objection [gal - 4:25,
11:7, 23:22, 53:16,
55:21, 56:18, 58:17,
14
oftentimes [i] -
181:5
Ohio [2] - 100:4,
103:1
old [zs] - 6:14, 9:14,
9:17, 17:17, 18:17,
20:3, 20:4, 21:12,
22:3, 22:7, 23:7, 24:5,
24:15, 24:24, 26:3,
26:5, 40:22, 41:1,
50:12, 50:13, 62:16,
64:15, 109:15,
109:17, 110:24, 114:4
older [zJ - 79:17,
174:3
oldest [z] - 25:23,
83:11
Oler [z] - 1:14,
201:24
Omaha [i] - 100:15
ON[~1-99:5
once [zol - 9:6, 9:10,
10:23, 39:12, 41:21,
47:1, 49:16, 67:11,
96:21, 121:9, 126:19,
130:20, 130:25,
131:4, 135:20,
136:20, 174:25,
196:13
Once [~[ - 103:23
one [~ ~s] - 4:23,
5:13, 8:18, 11:24,
15:20, 15:23, 16:2,
16:10, 17:6, 17:9,
18:18, 19:12, 20:14,
23:12, 23:17, 25:19,
25:20, 28:25, 29:1,
33:9, 33:16, 35:19,
35:21, 36:23, 37:7,
38:4, 42:10, 42:11,
46:6, 47:25, 51:1,
51:23, 53:10, 54:24,
55:3, 59:25, 60:13,
61:15, 62:11, 64:17,
66:20, 68:17, 72:2,
72:12, 73:12, 80:6,
82:1, 83:11, 84:22,
88:13, 88:17, 91:4,
94:19, 94:25, 95:1,
96:3, 100:3, 101:20,
104:5, 107:24, 108:1,
110:20, 111:5, 112:3,
118:15, 118:24,
118:25, 119:11,
120:8, 120:11, 121:3,
122:4, 123:10, 124:1,
124:5, 124:19, 127:4,
128:22, 132:1,
132:13, 140:10,
142:22, 143:3, 144:8,
144:11, 144:14,
145:10, 149:7,
149:17, 151:6, 154:3,
155:14, 158:24,
159:7, 159:14,
166:23, 167:16,
169:23, 171:19,
172:21, 173:20,
175:16, 177:11,
180:20, 181:3,
182:25, 188:13,
189:2, 193:8, 193:19,
194:1, 194:13, 194:18
ongoing [21 - 156:20,
184:11
onset [i] - 10:7
open [s] - 20:4,
22:23, 51:8, 110:9,
198:5, 199:16
opened [i] - 181:13
opinion [~] - 55:25,
70:8, 93:14, 105:5,
108:11, 113:1, 195:3
opportunity [z] -
142:9, 143:19
order [s] - 4:15,
167:23, 182:12,
197:25, 199:4
Organs [z] - 114:18,
114:21
organs [s] - 115:7,
115:18, 116:15
original [i~] - 56:9,
167:8, 167:15,
180:19, 181:5, 181:8,
181:13, 188:14,
188:18, 188:19,
188:25
originals [~[ - 180:23
Orphans' [il - 4:6
ORPHANS' [21 - 1:2,
1:2
outside [s] - 109:17,
109:18, 112:19
overkill [~1 - 172:16
overview [i] - 121:16
owed [~1 - 24:12
own [~s[ - 39:16,
51:4, 55:9, 73:12,
78:13, 117:5, 134:15,
152:4, 160:20,
161:15, 178:21,
182:22, 183:20
owned [z] - 29:23,
64:14
owner [~ [ - 193:5
P
p.m [s] - 97:25, 98:1,
48:6, 148:7, 161:23,
200:5
P.O [~I - 1:25
PA [z] - 1:25, 1:28
pacemaker l~sl -
37:18, 37:19, 38:1,
38:2, 38:3, 38:12,
47:4, 47:16, 47:19,
69:4, 69:6, 140:7,
140:9
page [isl - 91:13,
107:12, 107:14,
114:17, 114:20,
118:11, 118:14,
118:16, 118:21,
141:8, 141:12,
158:24, 159:8,
159:14, 161:22
paged (21 - 154:18,
156:18
paid [sl - 42:2,
58:16, 59:2, 81:14,
150:8, 183:11
pain [il - 105:1
painful [~) - 187:9
paper (zl - 89:2,
104:6
paragraph [il -
108:24
paranoid lil - 20:9
paraphrasing [~1-
52:5
pardon pl - 48:17,
60:25, 93:13, 112:18,
118:13, 129:25,
195:23
parents [zl - 12:10,
175:10
parking [21 - 16:16,
28:2
Parkinson's [~] -
120:24
part [ial - 25:19,
25:22, 70:9, 109:22,
112:22, 112:24,
116:15, 120:14,
137:25, 178:14,
185:22, 186:17,
194:18
particular l~zl - 65:9,
102:14, 108:3,
109:12, 110:6,
114:13, 114:14,
125:25, 158:16,
183:6, 187:8, 187:14
particularly [i] -
122:1
parties I~1 - 4:7
party Is] - 143:15,
145:9, 146:3, 146:6,
146:25
pass [s] - 82:5,
103:23, 110:10
passed )i sl - 69:14,
76:24, 82:2, 82:13,
83:13, 88:22, 93:18,
100:2, 131:25,
134:16, 134:20,
134:21, 145:13,
145:14
past Isl - 94:6,
111:3, 111:7, 116:18,
141:2, 160:24
pathologic [~1-
126:25
Pathological (zl -
106:5, 107:16
pathological [il -
127:23
pathologist lal -
102:1, 102:2, 102:3,
103:15, 105:20,
119:1, 125:4, 127:18
pathologists l~l -
114:15
Pathology Isl -
103:8, 103:10, 120:14
pathology (~~] -
101:2, 101:4, 101:21,
102:9, 102:12,
102:19, 102:21,
103:11, 103:12,
105:24, 113:20
patient Isl - 80:3,
109:9, 109:13, 110:2,
111:2, 120:17, 126:7,
126:20, 127:12
pay Isl - 58:13, 62:4,
154:15
peaked [~) - 176:20
pen [zl - 156:8,
161:13
PENNSYLVANIA [il
- 1:1
Pennsylvania la] -
1:15, 20:22, 79:17,
82:3, 85:2, 112:25,
191:13, 192:22
pension Iz) - 184:14
people [zsl - 24:4,
27:5, 27:8, 31:16,
32:10, 41:20, 46:2,
46:25, 52:14, 59:25,
64:4, 64:5, 71:17,
73:8, 75:23, 80:10,
90:4, 135:17, 146:20,
159:13, 171:24,
173:19, 174:8
people's li] - 165:25
percent fa] - 71:20,
110:15, 110:17,
110:20, 110:21
perfectly Izl - 10:12,
148:10
perform [i] - 119:2
performed l~l -
127:11
period lial - 10:18,
32:25, 33:1, 90:18,
110:1, 110:3, 116:2,
116:5, 116:13,
117:25, 121:20,
121:23, 122:2, 188:1
permitted [il -
112:25
person [isl - 28:11,
33:3, 39:2, 48:21,
59:21, 60:2, 119:11,
119:25, 121:3,
123:10, 127:19,
155:12, 164:8,
175:14, 179:18,
183:10, 190:16
personal (sl - 46:17,
46:21, 86:3, 96:9,
174:6, 184:4
personally [~I -
173:1
persons (~I - 175:7
Petition [~I - 198:2
Petitioner lal - 1:26,
4:9, 143:20, 198:8
PETITIONER [zl -
2:2, 3:2
petitioner's [is] -
91:9, 98:24, 106:18,
106:20, 128:15,
128:17, 129:3, 129:5,
153:18, 160:14,
169:17, 197:21,
197:23
Petitioner's Izol -
21:22, 21:23, 91:8,
99:13, 106:25, 107:2,
107:6, 128:13, 129:1,
141:7, 144:16, 153:7,
153:17, 155:17,
161:8, 163:7, 163:8,
169:13, 169:15,
198:11
Philippines [31-
99:21, 99:24, 99:25
phone [is] - 11:1,
11:2, 29:2, 31:18,
32:8, 32:11, 37:22,
45:16, 45:20, 46:5,
46:10, 46:11, 66:24,
67:1, 85:21, 85:24,
94:14, 131:13, 180:8
phones [il - 169:9
photocopy [~] -
153:14
photograph I~1- 3:4
phrases [il - 121:19
physically [~) - 61:17
physician [~I - 101:1
pick Isl - 167:7,
181:12, 193:9
picked [zl - 138:4,
139:5
picture [sl - 22:2,
22:3, 40:23
piece [s] - 19:21,
26:2, 34:9, 35:8,
39:15, 39:18, 49:22,
49:24, 139:4
pieces 1~1- 96:19
pinpoint [~I - 122:18
piror[~I - 27:2
pit lil - 31:20
place [121 - 4:5,
12:17, 13:8, 22:13,
61:25, 62:5, 62:9,
131:12, 135:4,
137:24, 146:22,
146:25
places (~) - 73:17
Plaintiff's [21 -
160:14, 161:3
plan [sl - 20:15,
22:16, 22:19, 22:20,
22:23, 61:17, 64:1,
144:17
planning (il - 35:14
plant (sl - 142:22,
142:25, 143:1, 143:3,
143:5
play (~] - 58:11
played lil - 23:17
pleading ]il - 45:6
pleadings [sl -
44:20, 45:11, 46:20
PLEAS [il - 1:1
pleasant lil - 187:12
pled (~) - 46:19
plus (~I - 178:18
point[a~l - 5:13,
13:19, 15:17, 20:11,
23:14, 23:24, 25:1,
32:4, 32:18, 35:4,
37:7, 38:11, 40:7,
46:12, 51:1, 52:11,
56:20, 60:22, 61:11,
61:13, 72:2, 80:11,
84:12, 96:24, 105:14,
114:9, 138:23, 147:3,
151:14, 157:10,
159:21, 160:21,
172:3, 172:4, 172:9,
178:21, 180:20,
181:3, 187:16, 189:3,
193:16
pointed [~I - 15:19
points [~1- 4:15
policy [zl - 181:3,
189:4
pop [sl - 150:7,
150:9, 151:2
popped [zl - 47:20,
150:14
porch [21 - 17:13,
136:21
portion (a] - 61:9,
154:1, 161:8, 161:15
position (sl - 101:7,
155:21, 155:25,
156:1, 177:1
possession [i] -
162:11
possibility [zl -
77:20, 137:3
possible [a) - 78:12,
124:7, 166:23, 189:20
possibly hl - 161:17
postero [i I - 110:25
postero-lateral [~1-
110:25
Power[iol - 3:9,
47:5, 47:8, 47:9,
47:13, 163:2, 163:14,
163:23, 164:5
practice [sl - 101:22,
101:24, 103:2,
180:22, 186:17
practitioner [il -
186:3
preparation [i) -
19:19
prepared li[ -
150:18
preparing I~] -
158:11
present lil - 4:7
presented [zl -
114:14, 198:9
presenting [21 -
4:10, 198:9
presently ]il -
102:22
presents [il - 4:18
pretty [sa] - 9:9,
12:4, 15:22, 20:12,
29:12, 29:14, 40:5,
64:7, 65:6, 65:11,
65:25, 67:3, 67:7,
84:21, 138:23,
149:20, 150:2,
157:11, 157:13,
160:25, 162:18,
174:4, 176:24,
15
78:18, 178:22,
180:14, 181:19,
181:25, 183:21,
184:13, 184:15,
184:17, 187:24,
191:21
prevent [z] - 65:20,
110:7
previous (zl - 86:15,
109:23
previously (~o] -
99:12, 134:6, 141:7,
153:7, 169:13,
169:14, 169:20,
194:17, 195:24,
198:14
price [i] - 21:6
primarily (z] -
102:14, 118:22
prints [z] - 138:3,
143:18
private [z] - 101:22,
101:24
Probate [~] - 198:3
probated (~1-
188:19
probating [i] -
188:14
problem (s] - 39:21,
80:11, 117:16,
117:18, 119:3, 125:1
problems (s] - 12:23,
15:14, 35:5, 60:23,
61:12, 80:8, 134:7,
135:13, 135:15
proceed (~] - 175:13
proceeded (~] - 5:25
proceeding [sl -
4:11, 80:7, 198:15,
198:18, 198:20,199:6
proceedings(s]-
14:9, 14:12, 200:5,
201:4, 201:18
PROCEEDINGS [~1-
1:6
Proceedings [i] -
1:13
process pl - 4:9,
43:23, 178:14,
184:11, 187:17,
187:18, 198:8
produced [~1 - 23:19
professor [s] -
100:16, 102:18,
102:21
progress (z] - 62:6,
63:18
progressive [s] -
68:24, 70:1, 70:6,
70:16, 70:18, 70:21,
124:7, 124:14
progressively [s] -
74:25, 80:9, 80:12
promoted (~1-
100:16
proof (~] - 55:20
properties [~a] -
29:23, 35:17, 182:9,
182:10, 182:14,
182:15, 182:21,
182:23, 183:4, 183:6,
183:9, 184:12, 187:9,
187:15
property (ss] - 22:16,
22:23, 23:1, 24:4,
24:6, 24:15, 24:21,
25:5, 25:7, 25:17,
25:18, 25:19, 26:19,
26:23, 39:5, 39:8,
39:18, 39:20, 39:24,
40:17, 40:18, 42:3,
42:6, 42:9, 42:24,
43:16, 52:2, 62:13,
63:20, 63:21, 71:8,
135:21, 135:23,
137:9, 137:11,
137:13, 139:2, 139:4,
139:9, 139:11,
139:17, 139:24,
151:22, 152:6,
182:24, 183:13,
184:4, 184:17,
187:23, 192:2,
194:24, 195:16,
196:17, 196:18
propose (i] - 183:19
provide [~] - 120:13
provided [a] - 5:1,
53:16, 54:17, 55:23
publication [~] -
104:9
publications [z] -
104:1, 104:4
publish [~] - 104:7
pulled [~1- 20:17
pulling [~] - 133:2
pulmonary (~] -
124:25
pumping (2] - 115:5,
117:24
purchase (s] - 20:6,
21:6, 135:21
purchased [z] -
137:4, 151:21
purged (~] - 151:9
purpose [s] - 53:24,
54:20, 54:22, 75:25,
113:6, 151:9, 167:5,
173:3
purposes [i] - 150:3
push (~] - 18:25
put (z7] - 20:23,
20:25, 21:3, 22:22,
33:6, 38:12, 38:14,
39:20, 47:4, 62:7,
69:12, 89:23, 114:6,
123:7, 136:12,
136:13, 137:9,
137:25, 138:4, 139:6,
139:7, 145:3, 149:22,
151:23, 169:12,
172:2, 192:5
putting (s] - 89:2,
96:19, 175:6
Q
QUALIFICATIONS
[~] - 99:5
qualifications (~1-
2:6
qualified [a] -
104:11, 104:15,
105:4, 105:12
questions (zo] -
57:7, 59:16, 60:14,
61:16, 62:12, 65:20,
66:21, 68:18, 74:16,
98:8, 123:21, 124:2,
124:20, 173:6, 173:9,
179:12, 186:24,
194:5, 194:13, 196:22
quick (s] - 15:11,
63:19, 109:13, 126:10
quickly (i] - 5:25
quite[~o] - 19:23,
29:23, 70:13, 130:23,
150:17, 171:20,
182:8, 183:3, 183:5,
199:25
quote [i] - 61:16
R
raised [z] - 84:21
ramble (z] - 173:15,
173:17
rambled [i] - 173:17
ranting [a] - 15:16,
41:18, 66:7, 66:8
raving [s] - 15:16,
66:7, 66:8
reaction [sl - 54:4,
54:6, 54:11, 54:23,
187:23, 191:20
read (a] - 61:6, 61:7,
61:8, 92:17
ready [s] - 20:24,
135:20, 164:1
real (ts] - 12:4,
14:24, 16:3, 18:19,
19:1, 22:13, 22:14,
36:4, 36:9, 37:13,
67:12, 72:7, 73:16,
85:15, 95:22, 161:9,
186:3, 195:17
realized (~] - 62:18
really (e7] - 13:25,
18:20, 19:25, 22:10,
23:7, 24:22, 32:18,
32:19, 35:10, 36:18,
37:2, 38:16, 38:19,
50:11, 52:22, 55:10,
58:7, 67:12, 68:9,
77:6, 81:5, 81:14,
81:15, 81:22, 82:14,
95:13, 96:1, 108:16,
111:14, 119:9, 134:3,
143:16, 152:2, 152:3,
152:8, 152:9, 152:10,
160:11, 160:23,
170:22, 171:19,
172:3, 173:11,
173:21, 174:2, 174:5,
176:2, 176:7, 176:8,
177:1, 177:17,
178:11, 184:5,
184:13, 187:6, 187:7,
187:21
reason [iz] - 35:7,
43:8, 49:20, 50:3,
58:7, 62:9, 87:8,
98:15, 119:15,
131:14, 162:14,
183:12
reasonable [i] -
187:24
receive [s1 - 91:23,
93:18, 93:19
recent [s] - 94:6,
109:13, 114:3
recess (71- 56:22,
57:2, 96:25, 97:24,
97:25, 148:5, 148:6
RECESS (z] - 57:4,
98:2
recognize [sl - 53:3,
91:14, 141:9, 141:13,
153:8, 163:11
recognized (z] -
106:13, 133:19
recollection (al -
54:7, 150:5, 168:5,
185:25
recommendations
[~1- 157:17
recommended [s] -
171:6, 171:8, 173:4
record [zo] - 4:7, 6:9,
14:16, 67:13, 79:7,
98:6, 99:8, 106:16,
123:15, 129:15,
152:19, 168:15,
168:16, 190:3,
197:18, 198:4,
198:21, 198:22,
198:23, 201:18
recorder[s] - 14:19
records (a] - 167:2,
168:7, 178:6, 183:12
RECROSS [s] - 2:2,
69:23, 77:25
recruited (i] - 101:5
redirect [i] - 98:8
REDIRECT [s] - 2:2,
59:19, 74:22, 123:24,
187:2, 194:7
referred (~] - 61:8
referred-to [i ] - 61:8
referring (~] - 149:16
refresh [s] - 54:7,
82:21, 157:4
refused [al - 151:25,
174:23, 175:13
regarding [i] - 60:15
regular [a] - 81:19,
94:8, 94:10, 130:17
regularly (a] - 48:6,
66:23, 94:12, 178:3
rehab [i ] - 80:23
relate [~ 1- 23:11
related (~] - 79:11
relation [i] - 63:20
Relations [il -
156:22
relationship [~ i] -
79:15, 88:20, 88:22,
129:23, 130:1,
130:14, 130:15,
159:20, 159:22,
166:5, 194:10
relationships [i] -
160:24
relatively [i] - 159:7
relatives [z] - 27:19,
39:1
relevance [~] - 55:22
relevant [z] - 80:1,
80:13
rely [i] - 112:25
remain (z] - 108:8,
198:4
remainder [~1 -
98:18
remarried [z] - 85:6,
85:7
remember [aa] -
30:3, 30:8, 30:21,
33:22, 37:8, 86:16,
16
6:17, 86:20, 89:20,
114:12, 119:9, 120:3,
120:6, 120:7, 136:10,
136:24, 147:15,
147:17, 151:17,
158:17, 158:18,
158:23, 159:4,
160:16, 161:4, 161:6,
161:19, 162:4,
162:25, 165:10,
165:19, 165:21,
170:21, 172:12,
173:11, 177:15,
177:18, 180:18,
181:6, 185:13,
188:24, 195:14, 196:6
remembered [a( -
133:18, 151:15,
196:16, 196:18
remembering [~] -
173:12
remind [s] - 65:14,
162:14, 162:15
remodeling [~] -
136:4
repaid [~] - 72:10
repeat [al - 61:2,
75:16, 104:13, 143:1,
178:13, 188:7,
188:10, 188:11
repeated [~] - 188:5
repeating [al - 67:13,
67:19, 188:1, 188:3
replaced [~] - 113:19
reply [i] - 41:13
report[isl - 3:7,
107:8, 107:15,
108:24, 112:24,
113:2, 114:18,
114:20, 117:15,
118:11, 120:15,
120:20, 124:16, 127:1
report's [i) - 113:3
Reporter[s] - 201:11
reporter [il - 61:8
represented [zl -
149:19, 178:8
representing [zl -
150:22, 177:25
request [il - 76:14
requested [s] -
53:19, 53:20, 198:17,
198:19, 199:5
requesting [zl -
4:20, 198:24
research [sl - 68:10
75:5, 75:13, 75:21,
104:7
reservations [il -
95:4
residency [~] - 100:9
residing [~] - 7:15
respect [a] - 69:3,
113:3, 115:21, 116:22
respected [il - 48:24
respective [il - 4:8
respondent [z] -
12:15, 143:21
response [sl - 60:13,
61:15, 62:11, 66:20,
68:17, 124:1, 124:19,
194:12
responsibility [~] -
181:4
responsible [i] -
159:24
rest [a] - 7:17, 19:12,
34:1, 109:14
restaurant [~ ] -
16:13
restore [zl - 41:1,
62:13
result [2] - 23:19,
121:23
resume [al - 5:9,
56:23, 97:24, 148:5
resumed [al - 57:3,
98:1, 148:7, 190:2
resumption [~] - 4:5
retain [2[ - 167:12,
180:23
retired [sl - 10:24,
38:18, 101:14
return [~) - 7:12
returned [~] - 7:9
returning [~] - 65:13
reunion [i~l - 27:25,
30:2, 31:3, 31:22,
31:25, 32:1, 32:2,
32:6, 32:7, 32:14,
36:13, 36:22, 57:23,
87:3, 133:9, 191:12
reunions [~] - 87:1
review [sl - 54:18,
166:21, 167:12
Richmond [sl - 6:25,
12:16, 99:10, 101:22,
146:8, 193:9
ride (2] - 11:15,
13:23
rig [~) - 51:2
rigged [~] - 51:6
right-hand [i] -
161:8
ring [zl - 88:23, 89:4
rings [z] - 89:3,
89:12
road [sl - 8:4, 12:12,
31:13, 95:4, 189:3
Road [zl - 6:11,
129:20
rode [~] - 32:6
Ronald [il - 1:24
roofs [i] - 136:1
room [al - 8:1, 25:3,
135:24, 140:14
rotation [il - 100:3
rotten [i) - 22:12
routine [2] - 185:21,
193:13
routinely [zl -
185:15, 185:18
run [sl - 10:12, 20:4,
22:10, 22:15, 24:7,
51:19
running [s(- 16:16,
16:17, 193:3
runs [~] - 107:25
S
Saint [zl - 100:4,
101:2
sale [~] - 17:17
sat [i I - 32:2
satisfied [al - 186:5,
186:13, 196:14,
196:15
Saturday [~] - 143:12
sausage [il - 15:9
save [~] - 94:3
saved [~] - 92:2
saw [~sl - 15:12,
17:12, 31:21, 49:8,
49:17, 50:21, 51:9,
53:4, 64:22, 73:6,
79:23, 80:11, 80:12,
121:9, 191:5, 192:25
scam [sl - 28:25,
29:3, 55:3, 56:5, 56:9,
64:3
scams [il - 29:2
scar [a] - 113:20,
113:21, 113:22
scared [tl - 37:2
scarring [zl - 113:25,
118:2
schedule [il - 4:17
scheduled [z] - 5:18,
198:5
scheduling [~] -
169:10
scheme [z] - 157:23,
158:1
school [sl - 85:2,
99:20, 99:22
scientific [i] - 70:5
scope [sl - 56:2,
56:4, 58:18
scrape (~] - 32:21
scratch [21 - 53:5,
92:20
scratching [i] -
142:7
scratchy [il - 142:6
scribble [zl - 91:21,
92:15
scribbled [zl - 48:17,
92:16
scrivener [i] - 4:12
scrutinize [~] -
165:24
scrutinizing [il -
160:22
seated [sl - 4:2,
57:5, 98:3
second [zil - 48:17,
53:10, 54:14, 76:24,
84:22, 91:13, 141:8,
152:13, 152:21,
152:23, 157:8, 158:8,
158:12, 161:22,
162:18, 162:22,
163:24, 179:10,
179:22, 180:25, 198:3
seconds [~] - 75:18
secret [~] - 52:23
secretary [a[ - 169:6,
169:8, 176:17
section [sl - 158:25,
159:2, 163:5
sections [i(- 163:5
Security [~] - 56:15
see pal - 5:15, 5:21,
9:4, 9:5, 9:12, 18:24,
20:19, 23:4, 43:17,
43:19, 44:7, 50:17,
51:6, 52:11, 52:15,
60:8, 62:6, 63:18,
65:17, 72:25, 73:7,
74:3, 74:8, 74:18,
74:24, 75:2, 76:5,
79:18, 80:3, 80:25,
81:18, 83:14, 85:17,
87:1, 87:2, 94:7,
94:10, 94:23, 95:5,
95:13, 96:5, 96:15,
96:18, 96:20, 97:23,
107:16, 119:17,
122:20, 122:23,
124:8, 126:14,
127:18, 130:22,
139:10, 141:4,
153:25, 154:2, 154:9,
155:7, 156:12,
156:14, 162:3, 169:2,
175:21, 176:1, 178:3,
178:9, 185:8, 190:15,
197:14, 199:8
seeing [sl - 80:10,
125:3, 150:20, 162:5,
162:7, 177:18
seem [i] - 31:18
sees [il - 54:3
self [s[ - 40:3, 51:4,
81:22, 82:20, 135:1,
182:20
self-made [i] -
182:20
sell [zl - 19:25, 20:1
selling [2[ - 19:23,
40:18
send [s] - 141:23,
166:20, 172:14
senior[il - 179:6
sense [s(- 104:20,
119:5, 146:16, 162:8,
178:20
sent [i] - 90:12
sentence [~] -
118:21
separated [il -
136:23
September [isl -
10:1, 55:8, 55:11,
88:3, 88:11, 107:10,
134:13, 134:19,
134:21, 139:23,
145:18, 150:2,
150:20, 182:13
september [il - 10:2
sequestered [21 -
4:22, 5:2
seriousness [i] -
163:1
service [al - 142:13,
142:14, 147:17, 193:4
set [zl - 9:19, 89:3
setting [zl - 10:11,
27:5
settle [i] - 184:16
settled [~] - 24:16
settlement [z] -
184:8, 184:10
seventeen [i[ - 15:1
seventy [a(- 62:15,
178:12, 179:2
several [~] - 19:24,
22:11, 27:21, 31:17,
45:17, 86:12, 121:11
severe pl - 107:19,
108:5, 109:24,
111:21, 113:11,
117:1, 117:11
shall [~] - 198:4
shape [2] - 22:9,
195:17
share [il - 38:23
shared [il - 141:3
sharing [zl - 169:7,
17
75:24
sharp [s] - 29:12,
55:1, 55:2
shells [i] - 51:8
shift [z] - 37:21,
100:18
shooting [~1- 51:4
short [z] - 67:7,
159:7
shortly [a] - 84:1,
126:15, 126:16
shot [i] - 51:3
shotgun [~] - 17:5,
50:14, 50:18, 50:21,
50:22, 51:2, 51:6
show [is] - 11:20,
21:21, 44:22, 55:8,
55:17, 91:7, 99:12,
109:15, 133:9, 141:6,
150:23, 151:2, 153:6,
153:16, 163:6
showed [i i] - 40:23,
46:12, 133:16,
143:17, 149:7,
149:15, 149:18,
150:6, 151:3, 151:7,
151:12
showing [a] -
106:24, 155:7, 169:14
shows [i] - 44:23
siblings [121 - 11:22,
83:8, 97:1, 97:5,
97:20, 144:18,
144:25, 145:6, 160:4,
160:9, 165:17, 185:11
sick [a] - 13:5, 13:9,
13:13, 81:4
sickness [i] - 75:22
side [s] - 87:4,
109:16, 161:9
side's [~1- 155:22
sides [~1- 5:1
sight [i] - 40:5
sign [121 - 114:9,
159:14, 164:5, 164:7,
164:9, 164:20,
164:22, 165:2, 165:7,
165:14, 167:11,
187:19
signature [i] -
107:12
signed [s] - 158:14,
175:20, 176:23,
187:17
significance [z] -
126:1, 126:4
significant [s1 -
110:15, 110:22,
110:23
signing [~) - 176:4
signs [i] - 167:17
similar [~1 - 179:12
simple [s] - 158:12,
158:24, 159:8,
170:14, 170:24,
172:17, 183:24,
185:16
simpler[~1- 171:25
simplicity [i] -
171:22
simplicity,keeping
[~1- 170:19
simplistic [i] - 173:3
simply [s] - 110:1,
111:2, 111:24, 112:6,
117:20, 191:8
sister[s] - 12:14,
79:13, 82:2, 82:5,
83:8, 83:10, 83:11,
87:19, 87:20, 87:22,
89:7, 143:21, 159:19,
160:20, 189:20
sister's [i] - 36:17
sisters [a] - 11:24,
12:1, 12:9, 46:13,
140:19, 147:25,
160:5, 161:16
sitting [s] - 15:23,
52:8, 164:15
situation [~1- 121:22
six [s] - 6:15, 33:8,
137:1, 190:17, 190:20
sixth [i] - 7:22
size [~1- 124:24
skin [i] - 113:21
skip [~1 - 111:9
slowed [i] - 110:12
smack [i] - 28:6
small [s] - 16:13,
33:4, 81:3
smirk [~1 - 28:6
snack [i] - 94:22
so.. [z] - 46:10, 53:8
sold [s] - 7:1, 17:17,
55:6
sole [z] - 43:4, 186:3
solve [~1- 170:23
someone [io] -
28:21, 117:10,
120:12, 146:8, 163:2,
174:17, 174:24,
179:9, 180:1, 193:8
something's [i] -
121:21
sometime p] -
49:13, 59:5, 69:17,
111:6, 196:10, 196:11
sometimes [i~l -
10:23, 12:17, 46:1,
72:20, 92:17, 130:19,
130:20, 130:23,
130:25, 132:16,
132:22, 132:23,
144:6, 144:7, 188:9
somewhat [z] -
48:21, 52:4
somewhere [~ i] -
12:25, 13:1, 14:6,
16:8, 16:20, 26:25,
73:9, 136:25, 172:13,
195:9
son [z~] - 8:23,
19:12, 20:21, 24:14,
34:8, 49:20, 49:25,
52:1, 72:3, 83:1, 86:6,
92:19, 119:10, 120:4,
139:25, 140:6,
151:16, 151:20,
151:24, 151:25,
152:6, 157:10, 158:5,
170:7, 171:5, 172:5,
176:22
son's [~1 - 151:23
soon [~1 - 180:14
sorry [sa] - 9:15,
30:11, 30:15, 41:23,
43:20, 44:3, 45:10,
47:7, 47:24, 48:16,
54:15, 61:3, 76:22,
83:2, 88:25, 98:3,
103:16, 114:19,
118:13, 118:19,
128:8, 128:24, 130:8,
131:24, 137:9, 148:2,
160:15, 161:2,
177:25, 193:18,
195:6, 197:17
sort [s] - 10:3,
148:11, 170:5, 172:9,
188:10
sounded [i] - 166:4
South p] - 12:2,
31:20, 82:3, 82:11,
82:17, 83:12, 129:20
space [i] - 16:17
speaking [s] - 96:10,
129:18, 133:3
special [i] - 185:23
specialty [i] - 100:18
specific [i71-
121:18, 123:2, 123:7,
127:17, 127:18,
138:20, 146:18,
158:20, 159:4,
166:11, 168:5,
172:23, 173:9,
173:12, 176:11,
176:16, 176:18
specifically [is] -
49:8, 105:18, 122:24,
157:2, 157:7, 158:16,
158:19, 159:1,
161:18, 162:7, 164:2,
164:11, 164:14,
166:15, 170:20,
172:18, 175:13,
175:17, 194:21
specifics [i] - 119:5
speculate [21 - 11:9,
125:5
speculation [z] -
55:22, 179:14
spell [~] - 79:9,
89:21, 90:2, 90:4,
92:6, 101:12, 101:16
spelled [z] - 89:19,
90:4
spend [a] - 10:20,
10:21, 13:6, 185:15
spending [s] - 66:11,
72:15, 72:17
spent [~1 - 100:9
split [21 - 25:19,
184:15
splitting [t] - 187:23
spoken [~1- 98:6
spouse [~1- 8:20
spring [s] - 43:20,
63:15, 149:24, 150:4,
150:14, 151:13,
166:24, 169:16, 196:1
Springs [21 - 133:18,
133:20
springtime [~1-
10:19
stab [~1- 102:15
staff [i 1- 186:3
stage [21 - 9:19,
125:4
stand [~z] - 6:2,
78:23, 81:5, 98:23,
129:8, 142:23,
142:25, 143:3,
148:14, 155:1,
189:25, 190:2
standing [i] - 69:9
start [z] - 77:11,
175:3
started p] - 77:12,
80:8, 80:11, 123:3,
133:13, 175:6, 180:22
starting [i] - 116:9
state [a] - 6:8, 79:6,
80:14, 99:7, 129:14,
148:18, 173:13, 190:3
statement [s] - 84:2,
92:21, 139:14, 166:2,
170:24, 195:22
statements [s] -
158:21, 159:4, 166:11
states [z] - 33:11,
103:3
States [s] - 99:21,
100:2, 100:3
station [s] - 142:14,
147:18, 183:15,
193:1, 193:4
stations [i] - 142:13
status [i) - 116:23
stay [~z] - 31:6, 31:8,
31:10, 31:12, 31:15,
51:16, 67:10, 98:20,
101:21, 128:9,
189:17, 197:3
stayed [s] - 7:17,
27:23, 28:18, 31:19,
68:7, 101:3
staying [i] - 17:24
steal [z] - 20:10,
64:11
stealing [is] - 15:18,
20:20, 33:24, 35:9,
60:16, 60:17, 64:4,
64:9, 65:12, 71:12,
71:18, 136:19, 136:21
stenographer [a] -
47:1, 61:5, 101:13,
198:17
step [a] - 5:4, 59:8,
61:6, 78:19, 128:5,
143:22, 148:5, 189:13
steps [z] - 179:9,
181:20
still [zz] - 7:16,
16:17, 16:21, 17:2,
23:1, 35:4, 43:3,
43:11, 43:20, 66:23,
78:3, 84:14, 84:15,
85:12, 85:13, 97:20,
103:5, 113:6, 130:24,
157:9, 161:13, 176:22
stole [s] - 15:21,
17:14, 194:24
stolen [a] - 15:20,
16:6, 17:10, 139:8
stone [i] - 110:5
stood [a] - 145:10,
160:2, 166:8, 166:9
stop p] - 12:17,
31:20, 135:6, 144:4,
151:1, 168:13, 190:19
stopped [a] - 150:19,
152:15, 167:6
store [ss) - 20:3,
20:5, 22:3, 22:4, 22:7,
22:9, 22:15, 22:16,
22:17, 22:23, 22:24,
23:4, 23:7, 23:9,
23:13, 24:5, 24:7,
25:22, 26:3, 26:6,
18
6:16, 26:18, 26:22,
27:3, 27:17, 27:21,
30:2, 30:4, 30:13,
30:18, 31:2, 32:20,
40:22, 52:14, 60:10,
61:23, 62:7, 62:13,
62:14, 62:16, 62:17,
62:20, 62:22, 63:6,
63:17, 63:20, 66:13,
71:8, 137:3, 137:14,
137:16, 137:19,
137:23, 138:13,
138:17, 138:22,
191:20, 194:19,
194:25, 195:7,
195:11, 195:25
store's (i ] - 51:19
strange [i~l - 13:10,
13:20, 13:21, 14:3,
16:3, 31:18, 33:2,
38:15, 39:2, 80:21,
81:8, 81:10, 86:13,
86:14, 87:6, 135:7,
146:19
stranger [z] - 17:24,
18:1
Street [i] - 1:24
stretching [ii -
199:12
strict [i] - 29:14
strike [z] - 48:16,
169:19
stroke [z] - 15:3,
105:3
strong [z] - 48:21,
116:14
strong-willed [~] -
48:21
stronger [i] - 115:10
struck (~ 1- 81:15
stuff [a71 - 9:11,
9:12, 13:24, 15:18,
18:9, 18:16, 20:10,
20:20, 24:10, 24:13,
24:16, 24:24, 27:25,
28:5, 29:20, 32:3,
33:2, 33:4, 33:24,
34:1, 34:23, 35:9,
51:16, 60:19, 61:23,
62:7, 62:25, 65:11,
67:5, 67:14, 68:5,
68:11, 71:21, 73:14,
73:21, 75:17, 76:6,
77:4, 86:2, 136:24,
141:23, 142:13,
143:17, 143:18, 193:2
subject [s] - 36:8,
39:22, 41:17, 65:6,
66:5, 122:2
subjects (~] - 35:21
subsequent [~1 -
68:25
sudden [s] - 55:24,
132:6, 147:13
suffer[s] - 116:20
suffered [~l - 10:3
suffering [z] - 42:13,
117:11
suggest [s] - 76:12,
157:23, 170:14
suggested [s] - 35:7,
48:20, 63:16, 170:10,
170:15
suits [i] - 76:6
summarize [i] -
108:25
summary [s] -
107:15, 118:12,
118:22, 118:23,
124:2, 124:6
summation (~1-
23:21
summer.. [~1 - 43:21
sun [~l - 81:5
Sunday [i] - 133:10
supplies [~1- 112:1
supply p] - 109:6,
109:8, 110:11, 115:6,
116:10, 116:11,
116:16
support [21 - 174:9,
186:3
supposed [s] - 10:6,
15:5, 55:24, 109:8,
133:8, 164:20
Sur[i] - 198:2
surgical [i] - 101:4
surprise [a] - 47:15,
160:8, 160:10, 188:18
surprised [s] -
140:21, 140:22,
144:17
survive [i] - 85:11
survived [z] - 8:23,
126:15
suspect [~1- 58:11
suspected [~1 -
58:12
sustain [~1- 56:17
swimming [~] -
147:16
sworn [s] - 6:5, 79:3,
99:3, 129:11, 148:17
symptoms [s] -
112:11, 114:14,
117:10
Systems [~1- 56:16
T
tab [i] - 53:14
table [sl - 17:6, 25:2,
50:15, 50:18, 50:21,
50:23, 51:8, 52:9,
140:16
tack [i] - 29:12
talker [~) - 135:4
talks [~) - 146:12
Tanner [z] - 6:11,
8:10
tape 1~1- 14:19
taste [~) - 15:6
tax [~ 1- 183:11
taxes [i] - 183:11
teaching [il - 102:18
Teamsters [~) -
184:14
tear [al - 26:6, 136:5,
136:6, 137:7
telephone ]s] -
67:22, 90:19, 90:21,
95:22, 131:15,
132:25, 135:11,
191:8, 191:9
television [~) -
102:13
ten [s] - 31:10,
67:24, 68:3, 68:7,
73:4, 73:6, 73:15,
74:11, 133:25
tenant [i ] - 182:25
tended [~) - 173:15
tender [~1- 105:15
term [s] - 113:11,
113:17, 113:24,
127:20, 127:23
termites [i] - 135:25
terms [s] - 109:10,
114:2, 117:19
test [i] - 26:8
testament [i] - 170:8
testamentary [21 -
175:15, 183:19
testator [s] - 9:16,
155:22, 156:2
testified [n] - 6:5,
42:24, 44:9, 79:3,
99:3, 105:9, 120:3,
121:12, 129:11,
148:17, 148:24,
149:6, 150:12,
188:23, 194:17,
195:20, 195:24
testify [21 - 23:15,
117:9
testifying [z] - 4:22,
106:11
testimony [ii] - 5:8,
5:15, 98:19, 109:23,
112:21, 145:15,
197:6, 198:18,
198:19, 198:24, 199:6
Texas [21 - 100:19,
100:25
THE ]sso] - 1:1, 4:2,
4:4, 4:19, 4:24, 5:3,
5:10, 5:17, 5:21, 5:24,
9:15, 9:22, 9:24, 9:25,
10:2, 10:6, 10:9,
11:10, 16:5, 16:7,
16:9, 16:10, 16:18,
16:19, 16:21, 16:23,
16:24, 17:1, 17:2,
17:3, 17:4, 17:5,
17:18, 17:19, 17:21,
21:6, 21:8, 21:10,
21:11, 21:14, 21:15,
21:17, 21:18, 21:19,
22:25, 23:3, 23:4,
23:6, 23:8, 23:9,
23:10, 23:24, 24:1,
25:5, 25:7, 25:9,
25:10, 25:11, 25:13,
25:14, 25:16, 26:8,
26:10, 26:11, 26:13,
27:13, 27:14, 27:16,
27:18, 28:7, 28:8,
28:9, 28:10, 28:11,
28:12, 28:13, 28:15,
28:16, 28:17, 29:3,
29:4, 29:6, 29:17,
29:18, 29:19, 29:20,
30:10, 30:13, 30:14,
30:16, 30:24, 33:13,
33:14, 34:12, 34:17,
34:18, 34:20, 34:21,
34:22, 34:24, 37:15,
40:13, 41:20, 41:24,
44:1, 44:4, 44:5, 45:4,
46:25, 47:3, 48:1,
49:1, 53:11, 53:19,
53:23, 54:5, 54:6,
54:10, 54:12, 54:15,
54:20, 54:22, 55:10,
55:15, 56:10, 56:12,
56:17, 56:22, 57:1,
57:5, 57:8, 57:19,
57:20, 57:21, 58:19,
58:24, 59:17, 61:5,
65:14, 65:16, 65:17,
69:21, 74:17, 74:21,
77:10, 77:24, 78:19,
78:20, 78:21, 78:24,
80:5, 80:16, 82:21,
82:23, 82:24, 82:25,
83:2, 83:4, 83:6, 83:7,
83:9, 83:10, 83:14,
83:16, 84:17, 84:18,
85:3, 85:5, 85:6, 85:7,
85:10, 85:12, 85:13,
85:14, 85:17, 86:18,
86:19, 86:22, 87:11,
87:12, 87:14, 88:5,
88:7, 88:8, 88:12,
90:24, 91:2, 91:5,
93:2, 95:18, 95:20,
96:24, 97:3, 97:4,
97:5, 97:6, 97:7, 97:8,
97:9, 97:10, 97:11,
97:13, 97:14, 97:15,
97:16, 97:17, 97:18,
97:19, 97:21, 97:23,
98:3, 98:9, 98:13,
98:17, 98:20, 99:23,
99:24, 99:25, 100:1,
100:7, 100:8, 100:20,
100:21, 100:22,
100:23, 101:12,
101:14, 101:16,
101:17, 101:19,
101:20, 101:24,
102:1, 102:2, 102:3,
102:6, 105:16,
105:18, 105:20,
106:1, 106:7, 106:10,
106:13, 106:18,
108:15, 108:16,
108:19, 108:21,
108:22, 108:23,
108:25, 109:1, 109:4,
109:5, 109:10,
109:12, 109:19,
113:5, 113:8, 118:7,
118:17, 120:5, 120:7,
123:22, 128:3, 128:5,
128:9, 128:11,
128:15, 128:22,
128:25, 129:3,
129:17, 129:19,
130:3, 130:5, 130:6,
130:7, 130:9, 130:11,
131:18, 131:20,
133:2, 134:9, 134:11,
143:8, 143:10, 148:4,
148:11, 148:18,
148:20, 148:21,
155:4, 155:6, 155:10,
155:16, 155:21,
155:25, 165:3, 165:6,
165:9, 165:10,
171:18, 171:21,
177:6, 179:15,
180:17, 180:20,
180:25, 181:2,
181:10, 184:7,
184:10, 184:18,
184:20, 184:22,
184:23, 184:24,
186:8, 186:25, 188:5,
188:7, 189:10,
19
89:13, 189:17,
189:22, 190:3, 190:5,
190:6, 194:6, 195:6,
195:7, 195:12,
195:14, 196:21,
196:24, 197:3, 197:9,
197:12, 197:14,
197:19, 197:21,
197:25, 198:21,
198:23, 199:3,
199:15, 199:20,
199:24, 200:3
theirs [~1- 139:12
therapy [~1- 188:10
therefore [a] -
110:10, 112:2,
113:16, 113:17,
115:3, 116:10,
116:15, 125:19
they've [i 1- 155:23
thickened [i] -
111:14
thinking [s] - 14:5,
14:6, 24:14, 49:25,
50:4, 50:9, 128:20,
150:1, 190:19
third [s] - 83:22,
83:23, 108:1, 167:5,
168:16, 181:17
thirty [21 - 75:18,
185:15
THOMAS [~1-
129:10
Thomas [s] - 2:8,
97:16, 100:4, 129:8,
129:16, 129:19,
190:2, 190:5, 198:10
thoracic [i] - 111:12
thorough [~1-
160:18
thousand [2] - 29:1,
136:25
thousands[a]-
33:10, 43:1, 80:9
threatened [~1- 28:6
three [s~] - 82:16,
83:13, 83:21, 85:3,
85:5, 88:2, 101:3,
104:2, 104:3, 107:23,
111:5, 122:14,
122:19, 125:5, 125:7,
131:7, 132:8, 132:20,
142:12, 144:21,
144:24, 145:4, 145:6,
149:25, 150:1,
161:16, 167:3, 167:4,
187:18, 192:13,
192:24
thrombosis [s] -
107:21, 109:3, 109:5,
109:14, 125:18
thrombus [z] - 108:7
throughout (~1-
154:5
tickets [~1- 142:14
tighter [~1 - 113:15
time,before [i] -
180:4
timeframe [s] -
111:3, 114:7, 122:5,
122:25, 123:7
times.. [~1- 190:20
tips [~1- 127:3
tiptoe [~1- 18:12
tissue [i] - 113:23
TO [21-2:1, 3:1
today [is] - 4:17, 5:7,
5:18, 81:23, 119:18,
146:25, 155:1,
155:19, 155:24,
156:19, 156:23,
157:5, 164:16,
189:20, 189:23
today's [a] - 198:8,
198:11, 198:13,
198:18
together [~ 71- 12:4,
18:7, 24:4, 27:9,
27:22, 35:19, 63:22,
67:24, 68:12, 73:18,
74:11, 96:20, 127:1,
141:24, 142:11,
142:12, 192:14
tolerate [i 1- 112:8
took [zo] - 8:11, 8:12,
15:4, 24:8, 38:18,
39:13, 47:12, 60:14,
61:11, 66:4, 71:16,
81:5, 84:20, 86:1,
103:14, 150:16,
182:19, 182:25,
184:12, 193:21
top [s] - 108:5,
109:18, 161:23
topic [i] - 37:17
topics [i] - 35:19
total [~1- 149:1
touch [~1 - 11:4
toward [~ 1- 14:2
Town[s]-6:11
town [s] - 16:12,
90:15, 90:16
tractor [s] - 64:15,
64:23, 66:17
tractors [31- 64:20,
81:1
trailer [i] - 66:17
trailers [i] - 64:15
trained [i] - 117:6
training [z] - 174:11,
174:13
transaction [~1-
39:5
transcribe )~) -
198:17
transcribed [a] -
197:6, 198:20,
198:25, 199:7
TRANSCRIPT [i] -
1:6
transcript [~1- 201:6
Transfer[s] - 56:15
transfer [s] - 20:16,
40:17, 42:23, 151:24,
152:1
transferred [s] - 7:2,
39:7, 39:8, 182:11,
184:2
travel [z] - 20:12,
37:23
traveled [i] - 33:10
treat [~1- 13:6
treated [21 - 13:12
treating [~1- 84:4
trees [~1- 61:21
trial [~1 - 53:22
tried [z] - 18:12,
131:3
tries [~1- 116:11
trouble [s] - 4:18,
28:19, 115:17
truck [71 - 6:24,
13:23, 29:18, 33:11,
66:17, 79:19, 192:19
trucker [~1- 182:20
trucks [s] - 64:14,
64:18, 81:1, 94:24,
161:9
true [s] - 49:7, 49:10,
49:12, 84:19, 86:17,
92:23, 154:25, 181:24
trusted [z] - 160:2,
166:7
truth [z] - 54:2,
187:12
try [121 - 18:10,
39:23, 67:5, 67:9,
76:8, 132:25, 139:15,
150:10, 167:24,
170:13, 189:23, 195:1
trying [s] - 9:19,
28:4, 54:7, 64:11,
65:8, 80:2, 115:4,
121:17, 164:2
tumor [~1- 127:21
turn p] - 28:5, 37:1,
53:13, 91:12, 114:17,
118:11, 141:8
turned [a] - 52:10,
81:7, 140:6, 140:7
Turner [s] - 97:9,
97:21, 160:13
turning [i] - 28:13
twenty [s] - 88:13,
88:17, 185:15
twenty-one [21 -
88:13, 88:17
twice [s] - 45:24,
46:7, 67:11, 96:21,
130:19, 166:25
twisted [~1- 33:18
two [a71 - 16:1,
19:12, 25:17, 41:20,
43:1, 45:3, 46:25,
50:7, 60:20, 63:8,
64:14, 80:9, 84:20,
94:21, 94:24, 96:19,
100:23, 104:7, 125:7,
130:20, 131:5,
131:17, 134:12,
134:16, 134:20,
136:25, 145:4, 145:7,
149:1, 149:25,
155:11, 155:13,
158:6, 160:5, 161:2,
167:3, 168:6, 171:1,
171:12, 173:1,
177:10, 179:22,
181:16, 191:7, 192:12
type [~o] - 55:3,
59:21, 71:17, 74:3,
74:8, 119:14, 150:6,
168:11, 169:4, 169:11
types [i] - 11:14
typical [~1- 161:20
typically [i] - 159:6
typing [21 - 169:10,
169:11
U
ultimately [~1- 127:4
um-hum [s] - 114:22,
145:23, 153:9
unable [z] - 82:3,
82:10
uncle [~1- 37:24
under [s] - 62:8,
94:19, 112:24,
114:18, 114:20
understandable [~1-
121:17
understood [21 -
42:1, 70:12
undo [i] - 32:21
unexpectedly [~] -
164:1
unidentified [i] -
128:23
United [s] - 9921,
100:1, 100:2
University [s] -
100:6, 100:8, 100:15,
102:20, 120:13
unless [z] - 98:8,
176:8
unusual [i] - 13:15
7:4, 7:5, 7:6, 7:16,
8:1,8:2,8:4,8:5,8:6,
9:7, 9:9, 9:13, 10:11,
10:16, 10:19, 10:21,
11:18, 13:6, 16:12,
17:12, 18:22, 18:25,
19:11, 19:17, 20:4,
20:19, 20:23, 22:13,
22:21, 22:24, 24:1,
24:2, 24:4, 24:5,
24:11, 25:1, 25:2,
25:24, 26:15, 27:6,
31:24, 32:9, 32:21,
33:11, 33:18, 34:2,
34:4, 36:24, 37:20,
37:22, 37:24, 38:13,
38:17, 38:21, 39:11,
40:2, 40:3, 40:9,
43:20, 44:6, 45:21,
45:25, 46:2, 46:7,
47:3, 47:20, 48:13,
51:1, 51:2, 51:4, 51:6,
51:14, 55:10, 59:2,
61:21, 61:22, 61:25,
62:3, 62:8, 63:6,
63:17, 65:6, 66:2,
68:8, 69:11, 69:13,
69:14, 69:17, 72:19,
72:22, 72:25, 73:9,
73:21, 79:17, 84:1,
85:1, 86:9, 89:3, 95:4,
120:14, 131:13,
132:6, 133:10,
135:17, 135:24,
136:7, 137:14,
137:16, 137:19,
137:23, 138:22,
139:5, 139:7, 139:24,
139:25, 142:12,
143:22, 146:8,
148:13, 149:7,
149:15, 149:18,
150:1, 150:6, 150:16,
150:23, 151:2, 151:3,
151:7, 151:12,
157:22, 158:1,
166:20, 167:7,
168:14, 169:4,
169:25, 178:8,
178:21, 181:12,
182:13, 183:9,
183:16, 184:15,
187:23, 191:4,
20
91:21, 193:3, 193:9,
194:25, 195:8
upset lz9] - 26:12,
26:16, 27:16, 27:20,
32:11, 32:23, 39:6,
86:5, 137:17, 138:18,
138:23, 138:24,
151:16, 151:20,
152:16, 157:9,
176:22, 176:24,
183:3, 183:5, 183:13,
184:13, 184:15,
184:17, 191:21,
194:23, 195:2, 195:3
V
vacation li] - 95:3
variety [~1 - 55:1
vary li] - 123:10
vascular lz] -
104:25, 105:2
vehicles 1~1- 94:24
ventricle [z] -
110:25, 114:24
verify [s] - 157:7,
181:20, 181:24
version [~1- 56:6
vessel ls] - 110:6,
110:8, 111:11,
126:16, 127:21
vessels [21 - 107:24,
111:25
video 1~1 - 52:8
videoed [~1- 26:14
videoing [~1- 26:15
viewed [~1- 188:9
Virginia 13x1- 6:11,
6:12,6:16,6:21,7:9,
9:4, 12:3, 19:5, 25:9,
31:7, 36:14, 37:4,
37:8, 39:4, 40:17,
61:18, 64:24, 66:21,
66:22, 99:10, 101:6,
102:23, 103:5, 103:6,
120:13, 129:20,
131:6, 134:7, 138:4,
138:9, 139:5, 151:22,
152:10, 181:22,
183:13, 193:8
virtue [~1- 116:17
Visit [si] - 10:22,
10:23, 11:13, 12:5,
12:6, 12:8, 12:14,
12:18, 15:19, 17:9,
18:22, 32:9, 33:9,
36:14, 36:20, 45:21,
59:13, 68:1, 68:2,
72:20, 72:23, 73:9,
79:19, 79:24, 80:20,
81:12, 94:16, 94:19,
95:22, 162:9, 191:13
visited lis] - 12:9,
12:11, 32:12, 44:6,
44:7, 48:5, 48:6, 48:8,
73:12, 75:2, 79:20,
95:6, 95:21
visiting [s] - 43:23,
73:17, 94:15
visits ls] - 37:4,
66:21, 66:22, 95:24,
181:16
vitae lz] - 99:15,
99:16
voice [s] - 149:13,
151:17, 178:24
volunteered 131-
136:16, 166:16, 192:9
W
wait [a] - 41:20,
54:22, 77:10, 165:6
waiting lt] - 180:2
walk [s] - 46:9,
73:12, 96:13, 105:1,
190:9
walked [a] - 16:15,
28:18, 76:3, 94:23
wall [z] - 68:5,
110:25
wants [a] - 54:13,
120:5, 120:17, 167:25
wash li] - 193:2
watch 121- 52:19,
102:12
watching [~1- 27:6
water 131- 37:14,
88:23, 113:15
ways [~1- 55:1
weakened la] - 9:17,
10:4, 23:11, 23:16
Wednesday ls1-
198:6, 199:8, 199:14,
199:19, 200:1
weekl~s] - 10:20,
10:21, 11:3, 13:6,
18:14, 37:22, 45:18,
45:24, 46:6, 86:16,
130:19, 131:4,
131:17, 134:14,
136:10
weekend lsl - 17:9,
87:5, 131:7, 143:10,
146:1
weekends li] - 9:9
weeks [a] - 27:11,
27:18, 27:21, 30:2,
31:2, 130:20, 131:5,
131:17
weighs li] - 114:23
weird [21 - 73:20,
73:23
Wesley lzl - 1:14,
201:24
West [~1 - 1:27
wheeling li] - 29:21
whole [~z] - 7:17,
10:20, 10:21, 38:16,
38:20, 53:7, 70:5,
145:11, 146:14,
147:6, 156:19, 163:4
wife lso] - 9:7, 13:8,
13:11, 13:12, 13:16,
13:24, 16:10, 24:8,
25:3, 51:15, 80:22,
81:9, 83:3, 83:4, 83:5,
83:20, 83:22, 83:23,
84:14, 84:17, 84:18,
135:19, 136:13,
138:7, 138:8, 139:15,
151:23, 183:4, 187:9,
192:6
wife's lal - 8:7, 40:4,
46:2, 75:12
willed [z] - 48:21,
76:16
WILLIAM 1~1- 1:2
William loo] - 4:6,
79:12, 107:9, 119:15,
129:24, 130:2,
139:23, 141:17,
146:2, 149:1
William's [~1 - 83:7
willing [a] - 43:3,
43:10, 43:12, 63:2
Willis [~1- 111:25
wills li ~1 - 78:11,
149:1, 149:4, 177:10,
179:2, 179:22,
180:18, 180:19,
180:21, 181:5, 186:16
wind lz] - 50:25, 51:4
windows [~] - 136:1
wise [~ 1- 29:12
wish lz] - 13:17,
197:6
wishes li] - 5:22
withdraw [s] - 58:23,
103:2, 174:21
withdrew [~1- 189:5
witness (~ a] - 4:11,
4:22, 5:6, 5:7, 47:2,
54:3, 56:19, 98:9,
98:20, 105:15,
112:19, 120:2, 128:6,
169:14, 176:5,
176:21, 189:14,
196:25
WITNESS [~osl -
9:24, 16:7, 16:10,
16:19, 16:23, 17:1,
17:3, 17:5, 17:19,
21:8, 21:11, 21:15,
21:18, 23:3, 23:6,
23:9, 24:1, 25:7,
25:10, 25:13, 25:16,
26:10, 26:13, 27:14,
27:18, 28:8, 28:10,
28:12, 28:15, 28:17,
29:4, 29:18, 29:20,
30:13, 33:14, 34:17,
34:20, 34:22, 44:5,
47:3, 54:5, 54:12,
54:15, 57:20, 65:16,
78:20, 82:23, 82:25,
83:4, 83:7, 83:10,
83:16, 84:18, 85:5,
85:7, 85:12, 85:14,
86:19, 87:12, 88:7,
88:12, 95:20, 97:3,
97:5, 97:7, 97:9,
97:11, 97:14, 97:16,
97:18, 97:21, 99:24,
100:1, 100:8, 100:21,
100:23, 101:14,
101:17, 101:20,
102:1, 102:3, 108:16,
108:21, 108:23,
109:1, 109:5, 109:12,
120:7, 128:11,
129:19, 130:5, 130:7,
130:11, 131:20,
134:11, 143:10,
148:20, 155:6,
165:10, 171:21,
180:20, 181:2,
184:10, 184:20,
184:23, 188:7, 190:5,
195:7, 195:14
witness's [i] - 54:11
witnessed li] -
64:16
witnesses [a] - 4:21,
5:1, 5:4, 198:10
WITNESSES [~1 - 2:1
wonder [~1 - 15:2
word [s] - 14:18,
59:9, 144:13, 149:8
words [s] - 13:18,
23:23, 48:24, 70:5,
115:12, 116:14,
125:3, 130:3, 160:2
works li] - 117:7
worry li] - 49:23
worse ls] - 74:5,
74:25, 75:1, 75:3,
80:9, 80:12
worshipped [~] -
29:13
worth [t] - 136:4
wound li] - 102:15
wounds [~1- 102:15
wrap [i 1- 150:16
wrapped li] - 182:13
wrapping li] - 150:1
wrist 1~1- 61:21
write lis] - 35:7,
91:20, 154:2, 154:9,
155:8, 156:12,
156:14, 161:24,
162:1, 162:3, 162:5,
162:7, 168:14, 185:8,
186:16, 193:21
writing [~] - 33:21,
53:8, 141:22, 141:23,
153:25, 185:4, 185:9
written 1121- 80:4,
103:25, 142:15,
148:25, 153:23,
155:11, 155:22,
156:1, 162:13,
162:15, 179:2, 179:21
wrote [~ s] - 34:18,
34:21, 35:1, 97:1,
104:6, 153:13,
154:14, 155:17,
156:7, 156:20,
156:21, 162:8, 193:19
Y
yard [~ 1- 17:17
year [sz] - 9:23,
27:13, 30:20, 34:12,
45:23, 45:24, 46:1,
55:12, 62:1, 64:7,
71:9, 71:14, 81:3,
86:20, 86:21, 87:11,
87:21, 100:3, 100:16,
100:23, 101:20,
131:19, 134:13,
136:24, 143:14,
143:17, 145:12,
145:19, 184:21,
190:16, 195:13, 196:1
yearlong 1~1- 187:18
years lss] - 6:17,
6:18, 9:10, 21:12,
21:13, 22:11, 50:13,
62:16, 64:21, 72:7,
72:15, 81:20, 83:5,
87:12, 89:19, 92:1,
92:3, 94:6, 99:22,
100:9, 100:17,
100:24, 101:4, 101:8,
101:10, 102:21,
122:14, 122:16,
122:19, 125:6, 125:7,
130:16, 134:8,
21
34:12, 134:16,
134:20, 135:1,
142:12, 144:1,
149:20, 156:11,
158:20, 159:3,
173:13, 178:2, 178:8,
184:12, 185:21,
188:19, 188:22,
190:20, 190:23,
192:13, 192:24
young (~] - 144:12
younger (al - 8:18,
29:2, 29:9, 29:11
youngest (zl - 25:20,
26:2
youngster(il -
193:3
yourself (~] - 169:4
Youth (~1- 175:10
Z
zip [il - 129:20
22