HomeMy WebLinkAbout02-3813MICHAEL E. STERNICK,
Petitioner
V,
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
LICENSE SUSPENSION APPEAL
LICENSE SUSPENSION APPEAL
AND NOW, this 7~h day of August, 2002, comes Petitioner, Michael E. Stemick, by and through his
attorneys, Mancke, Wagner & Tully, who respectfully represent the following averments in support of the
Appeal:
1. Your Petitioner, Michael E. Slemick, is an adult individual residing at 1605 Market Street, Apartment
A, Camp Hill, Cumberland County, Pennsylvania.
2. Your Petitioner has received a Notice of License Suspension for an alleged violation of Section
1547 of the Pennsylvania Motor Vehicle Code and a copy of said notice is attached hereto and made a part
hereof as Exhibit "A."
3. The circumstances which led to the alleged violation occurred in Cumberland County,
Pennsylvania.
4. Your PeflJoner believes that the said license suspension is illegal, invalid, and improper for reasons
which include, but not limited to, the following:
(a) there was no valid refusal;
(b) there was no knowing and intelligent refusal;
(c)
(d)
(e)
(0
(g)
(h)
(i)
(J)
Your Petitioner wes confused relative to his fights and under the
circumstances of the case, the Petitioner was entitled to an attomey;
the procedures used by the breath test operator were in violation of the
Pennsylvania Rules and Regulations concerning the administration of
the breath test (See 67 Pa. Code 77.24);
the equipment used was faulty and/or not pmpedy used by the
operator;
the breath test procedures were faulty;
the motodst was denied his dght to be given the test results (see 75
Pa.C.S.A. §1547(g);
the officer did not have reasonable grounds to request the test;
Your Petitioner was not propedy and/or timely advised by the officer of
any consequences concerning any alleged refusal; and
the Commonweallh is estopped from arguing any alleged refusal since
it has used the results of the breath test in order to prosecute Your
Petitioner and to obtain probable cause for the issuance of a cdminal
complaint against your Petitioner.
2
WHEREFORE, your PetilJoner prays this Honorable Court to enter an Order scheduling hearing to
determine the validity of the suspension outlined in Exhibit "A."
Res~t~tlully submitted,
John 8. ~an~.~, ID No. 072'12
Mancke,~¥agner & lully
2233 Iq. Front Strut, Harfisbu~, ~ ~7~ ~0
7~7-234-705~, ^ttome¥ for Petitioner
Dated:
~RIRCATION
I hereby verify that lhe statements made in this document are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom
falsification to authorities.
Date
Michael E. Sternick
4
COMMONWEALTH OF PENNSYLVANIA
DEPARTMENT OF TRANSPORTATION
Bureau of Driver Licensing
Mail Date: JULY lO, 2002
MICHAEL E STERNICK
3628 N 6TH ST
HARRISBURG PA 17110
WID ~ 021846111910720 001
PROCESSING DATE 07/03/2002
DRIVER LICENSE ~ 23430794
DATE OF BIRTH 09/28/1974
Dear MR. STERNICK;
This is an Official Notice of the Suspension of your Driving
Privilege as authorized by Section 15q7 of the Pennsylvania
Vehicle Code. As a result of your violation of Section 15q7
of the Vehicle Code, CHEMICAL TEST REFUSAL, on 06/21/2002:
· Your driving privilege is SUSPENDED fOP a ~eriod of 1
YEAR(S) effective 0B/14/2002 at 12:01 a.m.
WARNING: If you are convicted of drivlng while your
license is suspended/revoked the penalties will be a
MINIMUM of 90 days imprisonment AND a $1,000 fine AND
your driving privilege will be suspended/revoked for
a MINIMUM 1 year period
COMPLYING WITH THIS SUSPENSION
You must return all current Pennsylvania driver's licenses,
learner's permits, temporary driver's licenses (camera
cards) in Your Posses=ion on or befor: ~B/1~/2002. You may
surrender these items before, 08/1~/2002, for earlier
credit; however, you may not drive after these items are
surrendered.
YOU MAY NOT RETAZN YOUR DRZVER'S LZCENSE FOR ZDENTZFZCATZON
PURPOSES. However, you may apply for and obtain a photo
identification card at any Driver License Center for a cost
of 910.00. You must present two (2) forms of proper iden-
tification (e.g., birth certificate, valid U.S. passport,
marriage certificate, etc.) in order to obtain your photo
identification card.
You W111 not ~ecelve credit toward serving any susmension
until we receive your license(s). Complete the following
steps to acknowledge this suspension.
02184611t910720
1. Return all current Pennsylvania driver's licenses,
learner's permits and/or camera cards to PennDOT. If
you do not have any of these items, send a sworn nota-
rized letter stating you are aware of the suspension of
your driving privilege. You must specify in your letter
why you are unable to return your driver's license.
Remember: You may not retain your driver's license for
identification purposes. Please send these items to:
Pennsylvania Department of Transportation
Dureau of Driver Licensing
P.O. Box 68693
Harrisburg, PA l?106-B&93
2. Upon receipt, review and acceptance of your Pennsylvania
driver's license(s), learner's Permit(s), and/or a sworn
notarized letter, PennDOT will send you a receipt con-
firming the date that credit began. If you do not re-
ceive a receipt from us within 3 weeks, Please contact
our office. Otherwise, you will not be given credit
toward serving this suspension. PennDOT phone numbers
are listed at the end of this letter.
3. If you do not return all current driver license pro-
ducts, we must refer this matter to the Pennsylvania
State Police for prosecution under SECTION 1571(a)(~)
of the Pennsylvania Vehicle Code.
PAYING THE RESTORATION FEE
You must pay a restoration fee to PennDOT to be restored
from a sUsPension/revocation of Your driving Privilege. To
pay your restoration fee, complete the following steps:
1. Return the enclosed ApPlication for Restoration. The
amount due is listed on the application.
2. Nrite your driver's license number (listed on the first
page) on the check or money order to ensure proper
credit.
Follow the payment and mailing instructions on the back
of the application.
0218q6111910720
APPEAL
You have the right to appeal this action to the Court of
Common Pleas (Civil Division) within 30 days of the mail
date, JULY 10, 2002, of this letter. Zf You file an aooeai
in the County Coupt, the CouDt will give You a time-stamped
certified copy of the appeal. In order for your appeal to
be valid, you must send this t/me-stamped certified copy of
the appeal by certified mail to:
Pennsylvania Department of Transportation
Office of Chief Counsel
Thi,*d Floor, ;(iVerfront O~fice Center
Harrisburg, PA 17104-2516
Remember, this is an OFFICIAL NOTICE OF SUSPENSION. You
must return all current Pennsylvania driver license products
to PennDOT by 08/14/2002.
Sincerely,
Rebecca L. Bickley, Director
Bureau of Driver Licensing
~NFORNATION 7:00 a.m. to 9:00 p.m.
IN STATE 1-800-932-4600 TDD IN STATE
OUT-OF-STATE 717-391-&190 TDD OUT-OF-STATE
WEB SITE ADDRESS www-dot.state.pa.us
1-800-228-0676
717-391-6191
MICHAEL E. STERNICK,
Petitioner
V.
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
: IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
· NO. ·
· LICENSE SUSPENSION APPEAL
AND NOW, this__[~day of.. /~,, 5'" ~' 2002, upon consideration of the Petitioner's Appeal,
it is hereby ordered and decreed that a hearing be held on the/',~'~(-' day of ~;~:~.,~.z~, 2002 at
.?; .~D _.. a.. m., in Courtroom No. ,/ , Cumberland County Courthouse, One Courthouse Square,
Cumberland County, Carlisle, Pennsylvania·
Notice of said hearing shall be sent by certir~,d mail to the Deportment of Transportation by Petitioner's
attorney at least sixty days prior to the date of the hearing.
Distribution:
Pmthonotary's Office
.,~ffice of Chief Counsel, PennDOT
1101 South Front Street, Harrisburg, PA 17104-2516
.,,John B. Mancke, Esquire
2233 North Front Street, Harrisburg, PA 17110
BY THE COURT,
ViNVAqA~NNBa
A.LNN09
MICHAEL E. STERNICK,:
Petitioner :
V. ;
COMMONWEALTH OF :
PENNSYLVANIA, :
DEPARTMENT OF :
TRANSPORTATION, .
BUREAU OF DRIVER :
LICENSING, .
Respondent :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-3813 CIVIL TERM
IN RE: LICENSE SUSPENSION APPEAL
ORDER OF___CQ_~T
AND NOW, this 20t~ day of November, 2002, due to a conflict in the Court's
schedule, the hearing previously scheduled for November 12, 2002, is rescheduled to
Wednesday, February 26, 2003, at 9:30 a.m., in Courtroom No. 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
John B. Mancke, Esq.
2233 North Front Street
HarriSburg, PA 17.110
Attorney for Petitioner
SJ/W sley Ole
George Kabusk, Esq.
Office of Chief Counsel
Department of Transportation
3ra Floor, Riverfront Office Center
1101 South Front Street
Harrisburg, PA 17104-2516
Attorney for Respondent
:rc
MICHAEL E. STERNICK, :
Appe 11 ant :
:
%Z. :
:
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING:
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 02-3813 CIVIL TERM
ORDER OF COURT
AND NOW, this 26th day of February, 2003,
upon consideration of Appellant's License Suspension
Appeal, and following an initial period of hearing held on
this date, and the case not having been completed, the
record shall remain open, and a continued half-day of
hearing is scheduled for Thursday, June 5, 2003, at 9:30
a.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
It is noted that at the time of adjournment
on today's date, Appellee, Commonwealth of Pennsylvania,
Department of Transportation, was continuing to present its
case-in-chief, and the testimony of two witnesses had been
received. It is noted further that at the time of
adjournment, Appellant's Exhibits 1 and 2 had been
introduced and admitted, and Commonwealth's Exhibits 1 and
3 had been introduced and admitted. Although other
exhibits may have been referred to, no other exhibits had
been identified by a witness or admitted as of the time of
adjournment.
Pursuant to a request of Appellant's
counsel, the stenographer is requested to transcribe and
file the notes of testimony from today's proceeding.
It is noted that Appellant's counsel has
agreed to transcribe, submit for approval to Appellee's
counsel, and file a transcript of a certain videotape which
will be introduced as an exhibit in this case, to the
extent that Appellant feels the verbal portion of the
videotape is relevant to the case. Appellee will also have
an opportunity to transcribe, submit for approval, and file
the transcript of such portions of that tape as Appellee
deems relevant.
John B. Mancke, Esquire
2233 N. Front Street
Harrisburg, PA 17110
For the Appellant
By the Court,
J~esley Ol~z3, Jr., &ff. '
Neal T. Brofee, Esquire ~
Assistant Counsel
Vehicle & Traffic Law Division
Pennsylvania Department of Transportation
Governor's Office of General Counsel
1101 South Front Street - 3rd Floor
Harrisburg, PA 17104-2516
For the Appellee
wcy
MICHAEL E. STERNICK, :
Appellant :
:
V. :
:
COMMONWEALTH OF :
PENNSYLVANIA, DEPARTMENT :
OF TRANSPORTATION, :
BUREAU OF DRIVER LICENSING:
Appellee :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 02-3813 CIVIL TERM
IN RE:
LICENSE SUSPENSION APPEAL
DAY ONE
Proceedings held before the Honorable
J. WESLEY OLER, JR., Judge,
Cumberland County Courthouse, Carlisle, Pennsylvania,
on February 26, 2003, commencing at 9:45 a.m.
in Courtroom No. 1.
APPEARANCES:
John B. Mancke, Esquire
For the Appellant
Neal T. Brofee, Esquire
For the Appellee
INDEX TO WITNESSES
FOR THE COMMONWEALTH
Daniel Hair
George Rife
DIRECT CROSS REDIRECT
9 20 25
29 48,55 71,79,82
RECROSS
26
77,81
FOR THE APPELLANT
None
INDEX TO EXHIBITS
FOR THE COMMONWEALTH
No. 1 - packet of documents
No. 2 - videotape
No. 3 - test tickets
IDENTIFIED
8
43
FOR THE APPELLANT
No. 1 - Operator's Manual
for the Intoxilyzer 5000
Breath Analysis Instrument
No. 2 - test ticket (another case)
IDENTIFIED
61
63
ADMITTED
8
84
ADMITTED
83
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February 26, 2003
Courtroom No. 1
9:45 a.m.
THE COURT: This is the time and place for a
hearing on Appellant's License Suspension Appeal at No.
02-3813 CIVIL TERM. We will let the record indicate that
the Appellant is present in court with his counsel, John
Mancke, Esquire, and-- I'm sorry, I forget the name of the
person representing the Department of Transportation.
MR. BROFEE: May it please the Court, my
name is Neal Thomas Brofee, and I'm here on behalf of the
Department of Transportation.
proceed?
THE COURT:
MR. MANCKE:
MR. BROFEE:
THE COURT:
MR. BROFEE:
Are both counsel ready to
We are, Your Honor.
We are, Your Honor.
All right. Mr. Brofee.
Your Honor, the Department
calls Patrolman Daniel L. Hair.
MR. MANCKE: We would request the witnesses
be sequestered. There is another witness who may be
called.
THE COURT: Mr. Brofee, do you have any
objection to sequestering your witnesses?
MR. BROFEE: No, I do not.
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THE COURT: Ail right. We'll let the record
indicate that the Commonwealth's witnesses are being
sequestered.
MR. MANCKE: Your Honor, one other item to
expedite this matter. We are conceding that my client was
placed under arrest and that the officer had reasonable
grounds to believe that my client was operating under the
influence of alcohol.
THE COURT:
incapable of safe driving?
MR. MANCKE:
THE COURT:
MR. BROFEE:
To a degree that rendered him
That is correct.
Ail right.
Your Honor, I will still want
to go through Patrolman Hair's entire encounter with the
Petitioner. I believe that all those events are relevant,
because I believe Mr. Mancke will be contending that--
THE COURT: I'm sorry. I'm having trouble
hearing you.
MR. BROFEE: I believe that Mr. Mancke will
be contending that his client did, in fact, attempt to
provide a sufficient sample. And I believe that Patrolman
Hair's encounter with him will show that he had a motive
not to do so.
THE COURT:
MR. BROFEE:
Okay.
So it would be relevant.
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THE COURT: I'm not sure what the evidence
will be, but are there any other issues in the case, Mr.
Mancke?
MR. MANCKE: There's going to be issues as
to whether my client did refuse certainly. There's going
to be the issues involving what occurred at the Booking
Center and what occurred when my client was taking the
breath test. We don't feel that the actions there
constituted a refusal or that the instructions that were
given by the officer, the booking officer were appropriate.
THE COURT: All right.
MR. BROFEE: Your Honor, I have a packet of
documents that have been certified by the Department.
These documents include the notice of suspension that was
mailed to Michael Sternick on July 10th, 2002, the
Department's form DL-26 that was received by Patrolman
Daniel Hair, and a copy of Michael Sternick's certified
driving history.
MR. MANCKE: Your Honor, we do not feel that
there's any relevancy whatsoever to the driving history,
and also note that the driving history, as it relates to
what I see here, aren't there anyway, so we don't see any
relevancy to a driving history into this proceeding.
THE COURT: Mr. Brofee.
MR. BROFEE: I believe it provides
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background information for Your Honor. Normally when we
present these cases, we include the driving history and the
certified packets that we produce.
THE COURT: I'm sorry, but I'm having
trouble hearing you. Go ahead.
MR. BROFEE: I apologize, Your Honor. I
believe that the certified driving history provides
background information for Your Honor. Also, when we
produce these packets, we, as a matter of course, include
the certified driving history.
MR. MANCKE:
THE COURT:
material though?
MR. BROFEE:
THE COURT:
MR. MANCKE:
Your Honor--
Does it contain prejudicial
I don't believe so, Your Honor.
Mr. Mancke.
Your Honor, there is absolutely
no relevancy to someone having perhaps speeding tickets on
their driving record. It has no relevancy to this case
whatsoever, and it's highly prejudicial. For example, on
the first page, they're suggesting my client was suspended,
which he isn't at the time of this certification, because
Your Honor signed an order which becomes a supersedeas. So
not only does it contain information that's not relevant,
it's clearly in error.
MR. BROFEE: Well, Your Honor, that's not
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correct. His status is suspended, but that suspension is
superseded and delayed pending appeal.
THE COURT: What is the relevant-- what in
his driving record is relevant?
MR. BROFEE: Your Honor, if Mr. Mancke
objects strongly to the driving record, I will withdraw
that part of the exhibit.
THE COURT:
moment and have that removed from the exhibit.
(Complied.)
THE COURT:
Has this item been marked as an exhibit?
MR. BROFEE:
THE COURT:
MR. BROFEE:
Ail right. Why don't we take a
How do you want it marked?
Commonwealth's Exhibit No. 1.
(Whereupon, Commonwealth's Exhibit 1 was
marked for identification.)
THE COURT: Mr. Mancke, do you have any
objection to the admission of Commonwealth,s Exhibit 17
MR. MANCKE:
THE COURT:
Exhibit 1 is admitted.
No objection, Your Honor.
Ail right. Commonwealth,s
(Whereupon, Commonwealth,s Exhibit 1 was
admitted into evidence.)
Whereupon,
Not yet.
I think that has now been done.
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A
Department.
Q
DANIEL L. PL~IR
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. BROFEE:
Q
name and rank for the record, and spell your last name?
A It's Patrolman Daniel L. Hair, H-a-i-r.
Q Where are you employed, Patrolman Hair?
With the West Shore Regional Police
Patrolman Hair, would you please state your
How long have you been employed by the West
Shore Police Department?
A By West Shore Regional, it will be six years
in June of this year.
Q Where were you employed before then?
A Approximately six months before, Mount Holly
Springs Borough as a part-time police officer.
THE COURT: Just for the record, what does
the West Shore Regional Police Department encompass? What
municipalities?
THE WITNESS:
Lemoyne and Wormleysburg.
We cover the Boroughs of
Thank you.
BY MR. BROFEE:
Q
THE COURT:
Were you on duty around 2:07 a.m., on June
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21st, 2002?
A
Q
Yes, I was.
Would you describe what occurred when you
were on duty at that time?
A At that time I was conducting the speed
detail in the 300 block of South Third Street in the
Borough of Lemoyne, at which time I had timed a black
Chevrolet van traveling at approximately 43.4 miles per
hour in a properly marked 25 mile-per-hour zone.
Q What did you do upon clearing that?
A I initiated a traffic stop. The vehicle
pulled into the parking lot of the Uni-Mart store which is
located at the intersection of South Third Street and
Hummel Avenue.
Q
A
And did you approach the vehicle?
Yes, I exited my vehicle and approached, at
which time the operator of the vehicle opened his door and
was going to exit, and I told him to close the door and
wait for me to approach him.
Q Patrolman Hair, do you see the operator of
that vehicle in this courtroom at this time?
A Yes, he's seated over to my far right beside
defense counsel wearing a gray suit and a tie.
MR. BROFEE: I would ask that the record
reflect that Patrolman Hair indicated the Petitioner,
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Michael Sternick.
THE COURT:
BY MR. BROFEE:
Q
close the door?
Ail right.
What happened after you told the driver to
A He closed the door and opened the window, at
which time I identified myself to him and advised him why
he had been stopped.
Q And after so advising him, what did you do?
A I asked him for his driver's license and
registration card, at which time he looked through his
wallet, passed by his license twice before finally handing
it to me. He then opened the center console of the van and
removed a manila envelope. After he saw me shining the
flashlight over the console, he told me he was just taking
out the envelope to take out the registration, and I could
look through the van if I wanted to.
Did you notice anything about Petitioner at
Q
this time?
A
When he spoke, I detected a strong odor of
an intoxicating beverage emitting from his breath. I also
observed that he had bloodshot, glassy eyes and slurred
speech.
Q After you obtained the document from
Petitioner, what did you do?
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A I asked him if he had been drinking. He
stated to me that he had two beers. The driver's license
identified him as Mr. Sternick. At that point I asked him
to step from his vehicle, and I conducted some tests out in
the field.
Q How would you characterize the Petitioner as
he stepped from the vehicle?
A To me, he appeared he was unsteady on his
feet and actually placed his left hand on the van at one
point. I asked him if he would take some-- a couple of the
tests, and he indicated that he would.
THE COURT: If I understood Mr. Mancke's
opening remarks, he is conceding that the officer had
probable cause to arrest the Defendant for Driving under
the Influence. Is that right, Mr. Mancke?
MR. BROFEE:
MR. MANCKE:
Yes.
Yes, Your Honor, that's why I
indicated I didn't see any need to get into all of this.
testimony.
MR. BROFEE:
THE COURT:
other element of the case,
I will attempt to expedite this
Unless this relates to some
I don't think you need to get
into all the details of the arrest and basis for it.
BY MR. BROFEE:
Q Without going into details on the field
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sobriety tests, what did you conclude from his performance
on them?
A At the conclusion of the tests, it was my
opinion he was incapable of safe driving.
Q What did you do?
Because he was under the
THE COURT:
influence of alcohol?
THE WITNESS:
BY MR. BROFEE:
Q
conclusion?
A
THE COURT:
That's correct.
All right,
What did you do after reaching that
I placed him under arrest, placed him in the
back of my patrol car, at which time I advised him that I
would be taking him to the West Shore Central Processing
Center and asking him to submit to a breath test.
Q What did he say to you?
A He responded that he would like-- he would
want to speak to a lawyer before taking any test.
Q What did you tell him?
A I advised him that he did not have a right
to speak to a lawyer before taking the breath test. He
didn't understand why, so I went and got the chemical
testing warning, also referred to as the implied consent
form.
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MR. BROFEE: Your Honor, can I have the
Commonwealth's Exhibit 1 back for a moment?
THE COURT: Certainly.
MR. BROFEE: Permission to approach the
witness?
BY MR. BROFEE:
Q
THE COURT: Certainly.
Officer, I am showing you the second
document in Commonwealth's Exhibit No. 1. Is this the form
that you showed, that you read to Petitioner?
A That is correct.
Q Using this pen, would you circle the portion
of the form that you read to him?
A (Complied.)
MR. BROFEE: I'm going to show opposing
counsel Commonwealth's Exhibit No. 1 now that it has been
marked.
BY MR. BROFEE:
Q What did you do after reading the form?
A After I read the form to him, I then
transported him over to the Booking Center. We arrived
there at approximately 2:26 a.m.
Q What transpired at the Booking Center?
A They started their 20 minute observation
time that they do, and I again read the form to Mr.
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Sternick which was done on video.
Q So videotape was made of this encounter?
A Yes.
THE COURT:
questions? Perhaps it would be well to read into the
record what you did read to the Appellant in terms of the
O'Connell-- so-called O'Connell warnings.
Just if I might ask a couple of
okay.
THE WITNESS:
THE COURT:
I have a copy here, if that's
Sure, certainly. And you'll
have to go slowly for the stenographer, if you will.
THE WITNESS: Okay. What I read to him is
the following: Please be advised that you are now under
arrest for driving under the influence of alcohol or a
controlled substance pursuant to Section 3731 of the
Vehicle Code. I am requesting that you submit to a
chemical test of breath. It is my duty, as a police
officer, to inform you that if you refuse to submit to the
chemical test, your operating privilege will be suspended
for a period of one year.
The constitutional rights you have as a
criminal Defendant, commonly known as the Miranda Rights,
including the right to speak with a lawyer and the right to
remain silent apply only to criminal prosecutions and do
not apply to the chemical testing procedure under
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Pennsylvania's Implied Consent Law, which is a civil, not a
criminal proceeding.
You have no right to speak to a lawyer or
anyone else before taking the chemical test requested by
the police officer nor do you have a right to remain silent
when asked by the police officer to submit to the chemical
test. Unless you agree to submit to the test requested by
the police officer, your conduct will be deemed to be
refusal and your operating privilege will be suspended for
one year.
Your refusal to submit to chemical testing
under the Implied Consent Law may be introduced into
evidence in a criminal prosecution for driving while under
the influence of alcohol or a controlled substance.
THE COURT: Thank you.
BY MR. BROFEE:
Q How did Petitioner react in response to you
reading that form to him?
A He still really did not understand why he
couldn't speak to a lawyer. We spoke to him about that
several times, telling him that it was a civil matter, and
he had an option whether to take the test or not. At that
point, I don't recall what period of time we spent talking
to him, but he then said he would take the test. And when
I asked him to sign the form stating that I read it to him,
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he actually did read the form again for himself, read over
the form.
Q When you initially read the form to him, did
he then immediately state without equivocation that he
would take the test?
A The first time I read the test to him out in
the field, I don't recall if he gave any indication either
way. I believe I may have read the form to him, told him
that we were going to go over to the Booking Center now,
and close the door.
Q If I understand your testimony correctly,
there was some discussion of whether or not he could have a
lawyer. Did he agree to take the chemical test immediately
without saying, but I want a lawyer?
A Not initially. He asked-- he wanted to
speak to his lawyer. And then we explained to him again
that he did not have a right to speak to a lawyer before
taking the test.
Q So it was only later that he agreed-- it was
only later after having this--
MR. MANCKE: Your Honor, I'm going to
object, because I think these are leading questions.
You say, we.
THE COURT:
Who is we?
THE WITNESS:
That objection is sustained.
Myself and the booking agent
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that was processing at the time.
THE COURT: Ail right. And as I understand
it, you read the O'Connell warnings once in the field at
the place of the arrest, is that right?
THE WITNESS: Yes.
THE COURT: And about what time was that?
THE WITNESS: He was taken into custody at
2:15 a.m. we left the scene there at 2:21, so it would
have been within that six-minute time period there.
THE COURT: And where was that done, in the
police car?
patrol car.
THE WITNESS: Yes, he was in the back of my
THE COURT:
they were read again to him?
THE WITNESS:
THE COURT:
where was that?
Center.
Okay. And then do I understand,
Yes.
And what time was that, and
THE WITNESS: That was at the Booking
I will say-- I don't have it noted the exact time
I read it to him at the Booking Center. It was after the
20-minute observation time, so approximately 2:50 a.m.,
somewhere around there.
THE COURT: All right. And what is the
address of the Booking Center, for the record?
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THE WITNESS: That, I don't have.
it's 1999 Hummel Avenue, I believe.
County.
BY MR. BROFEE:
Q
what happened?
A
THE COURT:
THE WITNESS:
THE COURT:
I believe
I'm not sure.
What municipality is that in?
Lower Allen Township.
And that's here in Cumberland
THE WITNESS: Correct.
THE COURT: Okay. Mr. Brofee.
After Petitioner did agree to take the test,
At that point Agent Rife took over, and they
go through their process of explaining what he needs to do
for the test.
Q Did you observe the administration of the
test?
A I remained at the Booking Center during the
test, yes.
Q Are you familiar with the operation of the
breathalyzer machine?
A No, I am not.
Q Okay. Did Petitioner give a proper sample,
to your knowledge?
MR. MANCKE: Your Honor, if he's not
familiar with it, I don't know that he can answer the
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question nor do I understand what he means by the question,
so I'm objecting to the form of the question.
THE COURT:
MR. BROFEE:
is here to testify. However,
question.
this witness.
BY MR. MANCKE:
Q
Mr. Brofee.
The booking agent, George Rife,
I believe-- I'll withdraw the
THE COURT: Okay.
MR. BROFEE: I have no further questions for
THE COURT: Ail right. Mr. Mancke.
CROSS EXAMINATION
Officer Hair, at the scene of the stop, my
client had been requested to perform certain tests?
A Correct.
Q And you call them field tests, is that
right?
A That's correct.
Q And you're not certified on the standardized
field sobriety tests?
A
At that point, I was not, no.
But you asked him to do how many tests?
Two.
And--
MR. BROFEE:
Your Honor, I would object to
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the relevance of this.
MR. MANCKE:
the scene.
You got into what happened at
I just want to show that my client was
cooperative with the officer and performed the tests
requested.
THE COURT:
BY MR. MANCKE:
A
question, yes.
Q
hard time?
A
Q
You may ask that.
Q Did my client perform both of the tests that
you requested him to do?
He did attempt to perform them, yes, without
He didn't hesitate to do that or give you a
No, he did not.
And it was when you placed him in the patrol
car then and started talking to him, and that's when he was
under arrest and you placed him in the patrol car, right?
A. Correct.
Q You handcuffed him?
A Yes.
Q And that's when you mentioned something to
him, and that's when he started talking about having a
lawyer, is that right?
A That's correct.
Q And that was when he was handcuffed, is that
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right?
A That's correct.
Q And prior to that, when you asked him to
perform the field tests, he didn't ask for a lawyer?
A No, he did not.
Q And then when it was explained to him that
he did not have a right to a lawyer, then he blew into the
breath test, is that right?
A He gave one sample.
MR. BROFEE: Your Honor, I would object.
THE COURT: Mr. Mancke, you did stop Mr.
Brofee from asking questions as to whether he performed the
test.
MR. MANCKE: I objected specifically to the
form of the question, not the relevancy, Your Honor. I did
object to the form.
THE COURT: You may ask the question. You
may get into the questions that you wanted to ask.
MR. MANCKE:
My question was just to the
form.
BY MR. MANCKE:
Q
am I correct?
A
THE COURT: Ail right.
My client blew in, and there was a reading,
There was one reading, that's correct.
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Q
BY MR. MANCKE:
Q
was used?
A
Q
And that was on the DataMaster?
Correct.
THE COURT:
MR. MANCKE:
THE COURT:
On the what?
The DataMaster.
The DataMaster.
That was the first breath test device that
Correct.
And then the booking officer, after some
time and my client attempting to blow into it, the booking
officer then switched to another breath test device,
correct?
A That was after the DataMaster timed out.
They did give him another opportunity to give a sample,
yes.
Q And at that point, the booking officer never
explained why, to you, he was switching over to another
unit, is that right?
A To me?
Q Yeah.
A No, he did not.
Q And he didn't explain to my client why he
was switching over to another breath test unit, did he?
A I know why he switched over. I don't know
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if he explained to it your client. Your client was raising
questions as to whether the DataMaster was working
properly. That is why he switched to another machine.
Q Was that explained to my client by you?
A I don't recall that specifically, in that
form, explained to him, no.
Q At any rate, the booking officer did not say
my client's actions on the DataMaster constituted a
refusal?
A He did warn him that if he did not give a
proper breath sample, that it could be deemed a refusal.
He did do that.
Q Did he do that while the DataMaster was
being used or was that done later when the Intoxilyzer was
being used?
A I don't recall. I don't recall if it was
both or just one or just the Intoxilyzer, I don't recall.
Q And you were there at the end when Mr. Rife
said, it's gonna be a refusal, and this would be after the
Intoxilyzer was attempted, and my client said he didn't
want it to be a refusal, that he wanted to take the test.
Do you recall him saying that?
A Something to that effect, yes. I don't know
about those exact words, but, yeah.
Q
And did you tell Mr. Rife to, or hear Mr.
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Rife tell my client to be quiet, literally to shut up?
A I don't recall if those were the exact
words. I honestly don't recall that.
Q Did he tell him to be quiet?
A He may have, yes.
Q And that was during the time when my client
was saying that he wanted to take the breath test again and
did not want to be considered a refusal?
A Your client was saying that, that is
correct.
MR. MANCKE:
THE COURT:
That's all I have.
Mr. Brofee.
BY MR. BROFEE:
Q
REDIRECT EXAMINATION
Officer, Mr. Mancke asked you whether or not
his client cooperated with you at the scene. Did he
cooperate with you immediately and without argument
throughout your encounter with him?
A I'd have to say, yes. He did not have-- I
mean, I asked him to close the door. He closed the door.
I asked for his items. He gave them to me.
Q Was he equally cooperative when you returned
to the booking station?
A With me, he seemed cooperative. I mean, he
followed instructions.
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Q You said, with you. Was he also cooperative
with the booking agent?
A That would be my opinion in this case, I
would have to say, no, based on the fact that he was not
giving the sample for the machines.
Q Okay. Have you observed prior
administrations of breath tests?
A Yes, I have.
Q Are you familiar with the tone that's
admitted by breath test machines?
A Yes.
Q And when proper breath is being given?
A Yes.
Q Did you hear that tone in this case?
A
During the first sample, yes.
rest of the attempts, no.
Q
During the
Okay.
MR. BROFEE:
THE COURT:
I have no further questions.
Mr. Mancke.
RECROSS EXAMINATION
BY MR. MANCKE:
Q You said you're familiar with the tones.
Tell us, and I'm not trying to be cute with this, but tell
us how the tones sound on the DataMaster when it's working
properly?
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A When the proper breath sample is being
given, it's a steady tone.
Q What happens before that steady tone with
that DataMaster? What kind of beeping are you hearing?
What kind of tone are you hearing?
A If I recall correctly, it's a-- there are
beeps as it's telling them that they're ready to give--
without knowing the specifics on the operation, from what I
hear, there's a beep telling them that it's ready for the
breath sample to be given.
Q And then you said, you didn't hear a solid
tone except for that first time?
A That's correct.
Q Isn't it true that at one point, there is a
tone going, and Mr. Rife continues to tell my client, keep
blowing, keep blowing, keep blowing, and you can hear the
tone go for almost 20 seconds?
A I don't know the time period. I know there
was a certain amount of time that they have to give a
breath test, and that steady tone will stay during that
whole period of time, and that's an indication that, to my
knowledge, that they're giving enough of a breath sample.
Q And didn't you hear a steady tone on the
part of my client on the DataMaster, not the one that
printed out as an actual test result, but didn't you hear
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him blowing in for an extended period of time, a solid tone
for an extended period of time another time when it didn't
print out?
A I can't compare the two in lengths without
seeing it. I couldn't. To say that the one was longer
than the first one, I can't. I can't say that either way.
Q You're not familiar with the difference on
the Intoxilyzer 5000 in the printouts reading deficient
sample versus invalid?
A No.
MR. BROFEE: Your Honor, I would object.
This is beyond the scope of my redirect.
THE COURT: Mr. Mancke.
MR. MANCKE: There was just a question in
his questioning as to whether or not he's been around these
things and whether he's-- the tone emission, etc. This was
just whether he was familiar with the difference between
the two as they print out.
THE COURT:
THE WITNESS:
THE COURT:
THE WITNESS:
The answer is, no.
No, I don't.
You may ask the question.
I don't know how they print
out as far as the validity of the test. I don't know how
that works.
MR. MANCKE: That's all I have.
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this witness.
THE COURT: Mr. Brofee.
MR. BROFEE: I have no further questions for
THE COURT: You may step down. Thank you.
May this witness be excused or do you wish him to remain,
Mr. Brofee?
MR. BROFEE: I would appreciate it if he
would remain.
THE COURT: Ail right.
MR. BROFEE: Your Honor, the Department
calls Booking Agent George Rife.
You'll have to step out and get
THE COURT:
him, if you will.
Whereupon,
GEORGE RIFE
having been duly sworn, testified as follows:
DIRECT EXAMINATION
BY MR. BROFEE:
Q
and job title for the record, and spell your last name?
A George Rife, R-i-f-e, processing agent,
Cumberland County District Attorney's office.
Q How long have you been employed by the
Cumberland County District Attorney's office?
A Two years.
Mr. Rife, could you please state your name
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Q What training have you received with regard
to operating breath test machines?
A I've received training on the Intoxilyzer
5000 and BAC DataMaster both as an operator on both
instruments.
THE COURT: Could you move that microphone
just a little bit closer to your mouth?
BY MR. BROFEE:
THE WITNESS:
THE COURT:
Yes, sir.
Thank you
Q Were you given courses on their operation in
preparation for your job?
A I'm sorry?
Q What training did you receive to-- on these
specific machines?
A We went to state certified classes given by
the traffic institute constitute for police services on
both instruments, if my memory is correct, and I think
there were three days each instrument.
Q
courses?
A
Q
A
Q
And did you successfully complete those
Yes, I did.
Were you working on June 21st, 2002?
Yes, I was.
Where were you working that day?
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Center.
A I was working at the West Shore Processing
Q Did you come into contact with the
Petitioner, Michael Sternick, on that day?
A Yes, I did.
Q Was a videotape made of your contact with
Petitioner, Michael Sternick?
A Yes, it was.
Q What were you doing when you came into
contact with him? What was your job at that time?
A We were processing Defendants that were
brought in. Officer Hair from West Shore Regional Police
brought Sternick in for a DUI processing.
Q How do you go about processing people when
they're brought in?
A We get the information from the-- from a
police officer in regards to who the person is, the charges
that they are filing, and location of arrest, whether they
did standard field sobriety tests out in the field.
Q Were you operating breath test machines when
you process people?
A Yes.
Q Were the machines that you were using that
day properly calibrated?
A Yes, they were.
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Q
A
THE COURT:
did you have that day?
THE WITNESS:
Were they functioning properly?
Yes, they were.
For the record, what machines
We used an Intoxilyzer-- I'm
sorry, the first one we used was a BAC DataMaster.
THE COURT: A BAC DataMaster?
THE WITNESS: Yes.
THE COURT:
THE WITNESS:
used the Intoxilyzer 5000.
THE COURT:
of equipment?
Ail right.
And for the second test, we
BY MR. BROFEE:
Q
So you had two different pieces
THE WITNESS: Yes, sir.
THE COURT: Ail right.
Did you have any problems with the
operation, either before or after your encounter with
Michael Sternick?
A
THE COURT:
audio portion of the tape?
MR. BROFEE:
THE COURT:
No, sir.
I'm about to play a videotape.
Do we have a transcript of the
No, we do not.
Am I expected to regard any of
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the audio portion of the tape as important? What I'm
getting at, it's impossible for the stenographer to take
down the voices on these tapes, so we need to have a
transcript made or some other record in writing for the
audio portion of the tape, if that's going to be relevant.
MR. BROFEE: Well, I would like Agent Rife,
after watching the videotape, to authenticate it as a fair
and accurate representation of what occurred, and then I
would like to admit the videotape itself into the record.
THE COURT: We certainly can do that, but
what I'm thinking of is the appellate court that will
review this case, and those courts have a number of judges
and they simply don't have the time or the capacity to pass
the tape from city to city between them to view it to
review the record. So we need to have some kind of record
in writing as to the verbal content of the tape that you
think is relevant.
Now we can do that here by having the
witness repeat what is said so the stenographer can take it
down or we can have a transcript made by one of the counsel
of the tape. But I don't want to simply admit the tape as
an exhibit and leave it at that and then expect the
appellate judges to pass this tape back and forth between
them while they're reviewing the case. Why don't we take a
short recess, and I'll ask you to consult with Mr. Mancke
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as to how you want to proceed.
(Whereupon, a recess was taken at 10:22 a.m.
and proceedings reconvened at 10:49 a.m.)
THE COURT: We will let the record indicate
that the Court has reconvened in open session. The Court
has met in chambers with counsel and emphasized its
position that, to the extent that the verbal content of the
videotape is to be considered by the Court, it will need to
be transcribed by one of the counsel and the transcript
admitted as an exhibit, unless one of the witnesses-- well,
if one of the witnesses testifies that something was said,
I will certainly consider that as evidence in the verbal
content.
But my understanding is, counsel have agreed
that Mr. Mancke will have his office or his agents prepare
a transcript of at least a portion of the videotape, and
Mr. Brofee may wish to supplement that transcript. Is that
satisfactory to both counsel?
MR. BROFEE: Yes, Your Honor.
THE COURT:
to you also?
Mr. Mancke, is that satisfactory
MR. MANCKE: Yes, it is.
MR. BROFEE: I trust, Your Honor, that
before the transcript is admitted into evidence, I will
have an opportunity to-- I'll have an opportunity to review
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it and raise any objections to its accuracy.
THE COURT: Mr. Mancke, do you have any
problem with Mr. Brofee's reviewing the transcript before
it is submitted as an exhibit?
BY MR. BROFEE:
MR. MANCKE:
THE COURT:
None.
All right.
Mr. Brofee.
Q Mr. Rife, we were discussing your encounter
with Petitioner, Michael Sternick, on June 24th 21st, 2002?
A
Q
Yes.
How did you first come into contact with
him?
A
Booking Center.
Q What did you do upon encountering him?
A We logged him into the Booking Center, took
his possessions, put it in a locker, and we got the
information from Officer Hair as to who he was, and what
the charges were, location of arrest, whether it was an
accident or not.
After receiving that information, what did
Officer Hair brought him into the West Shore
Q
you do?
A
We started filling out-- there's obviously a
lot of paperwork in a DUI packet, and I started filling out
the paperwork, getting ready for that. We also did a
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background check on him, as is standard procedure.
Q Moving ahead, could you focus your answers
on what you did with regard to a breath test for us?
A Certainly. Officer Hair had read the
implied consent, and Sternick advised that he was willing
to take a breath test, and he signed a form there in my
presence.
Do you recall a discussion before he signed
Q
that form?
A
I remember there was a lengthy discussion,
took unusually long for him to get to the point where he
signed it. There was a lot of discussion about what it
was, what it meant.
Q Do you recall whether he immediately agreed
to take the breath test when requested?
A After a lot of back and forth between he and
Officer Hair over what was contained in there in the, on
the form and what that really meant, like I said before, it
was an unusually long time. Normally, the officer will go
through that, and Defendant will either choose to sign it
or not sign it.
Q Prior to reading the form at the booking
station, was there an observation period?
A Yes, there was.
Q How long was it?
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form?
A
Twenty minutes.
Okay. What happened after he signed the
A After he signed the form, and we waited the
20 minutes, then I explained the instrument to him. I
explained the breath testing procedures.
Q Do you recall what you said to him in terms
of instructions on the breath test machine?
A I explained to him that I had put a mouth
piece on the end of the tube of the instrument, and
explained to him that I would need him to make a tight seal
around the end of that mouth piece and blow in there until
I told him to stop. I said, it's similar to blowing up a
balloon, same type effort. You keep blowing. I will tell
you to keep blowing until I tell you to stop. It takes two
samples of your breath to make one complete test. And once
we get that, then the test will be over, and I will review
the results with you.
Did you tell him anything with regard to a
Q
tone?
A
Q
To what?
Did you tell him anything about a tone
emitted by the machine?
A There was-- yes, there was-- yeah, the
instrument will make a steady tone when it-- when enough
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air is going in the instrument, it will make a steady tone.
And you have to keep that tone going in order for-- if
it's-- if a tone stops, that means that there's not enough
air or if it is just sitting there beeping, it has to be a
steady tone in order for it to be registered.
What happened after you gave him those
Q
instruct ions ?
A
We proceeded with the test.
difficulty getting the first test from him.
THE COURT:
at this point?
THE WITNESS:
I had
What instrument were you using
It was a BAC DataMaster.
THE COURT:
THE WITNESS:
him to give a valid sample.
BY MR. BROFEE:
Q
A
Ail right.
I had great difficulty getting
Are you talking about the first sample now?
Yes, this is the very first sample, yes.
And I had to tell him, keep reminding him, he was not
blowing hard enough, he was not getting enough air into it.
It was starting and stopping. I said, you've got to keep a
steady tone going. I said, if you do not blow in there,
it's going to time out eventually. Eventually, I got an
initial reading off the first test of a .221.
Q About how long does it normally take to
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provide a sample?
A It will be about three minutes.
Q If someone is cooperating and following your
instructions, how long does it take to provide a sample?
A Fifteen seconds or so, twenty.
Q What happened after you obtained the first
sample?
A There is a waiting period in between. And
when the instrument was ready again, I explained to
Sternick that he would-- we needed another sample in order
for it to be a valid test, he should blow just like he did
the first time, and to blow in the instrument just like he
did, you know, when we got the test. I said, you know, at
the end of the-- of that first test was when you were
blowing properly. I need you to do the same thing again.
THE COURT: Was he told what the first
reading was before he started the second test?
THE WITNESS: No, sir.
BY MR. BROFEE:
Q Did he ask what the reading was? If you
don't recall--
A I don't recall.
Q What happened after you started trying to
obtain a second sample?
A We were not getting any tone out of the
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instrument. It was, you know, we weren't getting any,
which was indicating to me that there was not any air going
into any, any breath going into the instrument, and I kept
encouraging, you know, you've got to blow, you've got to
get enough air in the instrument so it will take a reading.
If you don't, then we don't have a reading. If we don't
have two tests, then it becomes invalid, and it becomes a
refusal.
Q Did you hear the steady tone?
No.
Okay. Did you hear any other noises from
A
the machine?
A
The instrument will beep indicating that,
you know, it's waiting for someone to blow into it. But
that was all I heard.
Q To your knowledge, was the machine
functioning properly?
A Yes, it was.
Q Did you manage to obtain a second sample
from him?
A
No, I did not.
What happened?
The instrument timed out, and it came up as
an invalid sample. There was no-- there was not enough
breath forced into the instrument for it to get any kind of
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reading.
Q What happened after that machine timed out?
A I indicated to Sternick that, you know, that
that would be a refusal on his part for not providing a
second sample. He said that there was something wrong with
our-- I think he said, the machine, and there had to be
something wrong with it because he was blowing. So I gave
him the benefit of the doubt and switched over to the
Intoxilyzer 5000.
Q Why did you decide to give him a chance on
another machine?
A Take away his defense of having a problem
with being able to blow into that instrument.
Q Did you think there might be something wrong
with the other machine?
A No, not at all. My job is to try to get a
breath sample off of someone. And I don't have to give
them a breath sample. There's nothing saying I have to
give him a second one, but I did in this case decide to
give him a second sample using a different instrument, and
we came up with no results on that one.
Q What happened when you asked him to use the
second machine?
A I went through the instructions again on how
to blow. Make a tight seal around the mouth piece, keep
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blowing in there. I said, you'll hear a steady tone. Keep
blowing until the-- I tell you to stop. And I said, just
like the first one, we'll have to have two samples of your
breath to make one valid test.
Just for the record again, which machine was
Q
this?
A
Q
This was the Intoxilyzer 5000.
Okay. And did he manage to provide a
sufficient sample on that machine?
A No, he did not.
Q And what did happen?
A It timed out. He was not getting any breath
into the instrument for it to register. It timed out. And
at that point, it kicked the ticket out, printed invalid
sample, and I informed him that that was going to be
considered a refusal.
THE COURT:
THE WITNESS:
THE COURT:
test?
THE WITNESS:
It timed out on the first test?
Yes, sir.
So you didn't get to a second
No. If there is nothing-- if
nothing goes in, if you don't get a test on-- enough in
there to register on the first attempt, it will say,
invalid test, and it will automatically print out the
ticket.
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THE COURT:
the Intoxilyzer 5000?
THE WITNESS:
MR. BROFEE:
So you never got a result from
No, sir.
Your Honor, I would ask that
this document be marked as Commonwealth's Exhibit No. 3.
MR. BROFEE:
THE COURT:
it before you speak.
Unfortunately, Your Honor--
Wait. Let the stenographer mark
(Whereupon, Commonwealth's Exhibit 3 was
marked for identification.)
MR. BROFEE: Unfortunately, I neglected to
bring additional copies of this exhibit. If it is
agreeable with Mr. Mancke, after the hearing is done, I
will attempt to do whatever is necessary to make a copy of
it for him.
THE COURT: Mr. Mancke, is that
satisfactory?
BY MR. BROFEE:
Q
Mr. Rife.
MR. MANCKE:
THE COURT:
MR. BROFEE:
THE COURT:
Yes.
All right.
May I approach the witness?
Certainly.
I am handing you Commonwealth's Exhibit 3,
Would you please identify that document?
A These are copies of the two breath test
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tickets from Sternick's tests of that night.
THE COURT: In other words, one ticket is
from the BAC DataMaster and the other is from the
Intoxilyzer 5000?
THE WITNESS:
same sheet.
THE COURT: Okay.
Yes, sir, they're both on the
BY MR. BROFEE:
Q Turning to the ticket from the BAC
DataMaster, would you please explain to the Court what
these notations are?
A BAC DataMaster has a keyboard on it similar
to a computer keyboard whereby we enter in the information
from the Defendant's name, date of birth, license number,
registration of the vehicle or the state the vehicle is
registered in, registration number, the time of arrest,
where the arrest took place, the arresting officer's name,
arresting agency's ori number, whether it was accident
related incident or not, the location where we were, my
name, my agency, what time the start of the observation,
and our booking incident number.
Q Is there an indication on there as to
whether the machine was functioning properly?
A It went through-- it did a blank test. It
did an internal standard and verified that everything was
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operating properly. It did an external standard which was
a .102 which was within guidelines. And it did a blank
test and the first sample test was a .221.
MR. BROFEE: If I could interrupt for a
moment. I don't anticipate having to call Patrolman Hair.
I don't want to keep him any longer.
THE COURT: I'm sorry. I just can't hear
you.
MR. BROFEE: I don't anticipate having to
recall Patrolman Hair, and I don't want to keep him any
longer if he doesn't want to stay.
THE COURT: Mr. Mancke, do you have any
objection to Patrolman Hair's being excused?
in today.
MR. MANCKE:
THE COURT:
You are excused.
MR. BROFEE:
interruption.
BY MR. BROFEE:
THE COURT:
No objection, Your Honor.
Thank you very much for coming
I apologize for the
That's all right.
Q What does the DataMaster ticket indicate
with regard to the first sample?
A The first subject test was a .221.
Q Okay. What does it indicate with regard to
the second sample?
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A
Invalid.
Why does it indicate invalid?
Because there was no--
MR. MANCKE: Your Honor, I'm going to
object, because I think this takes an expert witness, and I
don't know that he's been qualified as an expert witness in
this area.
THE COURT: Do you want to ask some
questions as to his expertise to answer that question?
MR. BROFEE: Your Honor, I have already-- I
didn't offer him as an expert witness; however, I did
previously ask questions about his training on these
machines. I believe that that would provide him with
specialized information that would qualify him as an
expert.
THE COURT: You can ask him the question as
to what training he's had in interpreting the results.
BY MR. BROFEE:
Q Agent Rife, what training have you had with
regard to interpreting the results of a ticket on the
DataMaster?
A When you go to class, there are-- we are--
we run through samples on the instruments. There are
sample tickets that we go over. There are also examples in
the training manual in regard to what a ticket would look
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like and various readings on there.
Q So have you received instruction in what the
different readings are?
A Yes.
Q How many years did you say you've been
working for the District Attorney's office?
A Two years.
Q In the course of those two years, have you
had occasion to interpret ticket results?
A Yes, I have.
Q About how often would you say you have done
so?
A I would say, in that amount of time, I've
probably done in excess of 300 tests.
Q Have you received similar training with
regard to the Intoxilyzer 5000?
A Yes.
Q And so you've received training with regard
to reading the tickets?
A Yes, I have.
Q And have you had a similar number of
opportunities to administer and read tickets on the
Intoxilyzer 5000?
A Well, I may have been a little misleading.
I would say, 300 tests overall. Most of these would have
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been on the Intoxilyzer 5000. That was the instrument that
was in use when I first started here. BAC DataMaster,
probably close to a year later, we started using those.
But now we use both instruments.
MR. BROFEE: I would offer Agent George Rife
as an expert in reading tickets on breathalyzer machines.
THE COURT: Okay. Mr. Mancke.
MR. MANCKE: I would like to ask him a
couple of questions before I indicate that.
THE COURT: Certainly.
CROSS EXAMINATION
BY MR. MANCKE:
Q Mr. Rife, do you know what the manufacturer
says can cause an invalid sample message on the DataMaster
as it relates to a subject blowing too hard into the tube?
A Not word for word, no, sir.
Q Well, do you know, for example, what can
cause an invalid sample, according to the manufacturer?
Tell us the things that you know that the manufacturer said
can cause an invalid sample?
A If there is no air entering into the chamber
to be read. If it's used improperly, it will do that.
Q If what's used improperly?
A If it's-- I'm sorry, if it's blown into
improperly, it will do that.
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about?
Q Those are the only two things you know
A Yes.
Q The presence of mouth alcohol cause it,
according to the manufacturer, as you were trained?
A Mouth alcohol will give a spiked reading.
Q Will it give an invalid sample, as you were
trained and as the manufacturer has indicated?
THE COURT: When you say, invalid sample, do
you mean, the sample won't be accurate or that the machine
will produce the word invalid?
MR. MANCKE: The DataMaster will display,
quote, invalid sample message.
THE COURT: All right.
BY MR. MANCKE:
Q That's what I'm asking you. Do you know
anything about that at all?
A No.
Q Do you know anything about whether it can be
caused by saliva droplets forced through a mouth piece and
into the sample chamber?
A It can, yes.
Q Okay. Now you didn't mention that earlier.
Is that one of the things that the manufacturer tells you?
A If there's too much saliva gets into the
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chamber, it certainly will.
And that can be caused by someone blowing
Q
too hard?
A
Not by blowing too hard, but forcing spit
into the mouth piece, it will.
Q Do you have the manufacturer's procedural
manual, the operation manual?
A Do I personally?
Q Yes.
A Yes.
Q That's not the document you produced here
today.
A
A
what you said.
got this.
Q
(No response.)
You produced a supervisor manual.
Isn't that what you asked for?
No, we subpoenaed the operator's manual.
When we were back there, I thought that's
That's why I went down to the center and
You agree, you were subpoenaed, and a letter
was sent to you telling you specifically what to bring to
this hearing?
A
Q
it?
Yes.
That wasn't one of the things requested, was
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A I'd have to look at the subpoena.
MR. MANCKE: Your Honor, I have no objection
to him answering the questions subject to cross
examination.
THE COURT: All right.
BY MR. BROFEE:
Q
The BAC DataMaster, there's a ticket, and
there's also readouts that gives the machine itself, is
that correct?
A It will display-- there is a display board
on the front of the instrument, yes.
Q And some of the readings that Mr. Mancke may
have been talking about, is it possible that they are with
regard to the display boards and not necessarily the
ticket?
A What comes up on the display board is what
will, as an end result of a sample or not providing a
sample is what will print on the ticket. It may be
fluctuating as a person is blowing into' it.
Q Okay. If somebody is blowing too hard into
a machine, are you able by observing to tell that that's
what's going on?
A It's not an easy thing to detect that
someone is blowing too hard just by observing them.
Typically, we have the other problem, you know, people puff
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their cheeks and look like they're blowing and aren't.
Q Do you recall whether you saw any indication
whether Petitioner was blowing too hard?
A I saw no indication of that.
Q If somebody is blowing too hard, would the
machine emit a certain tone?
A It would-- if it forces too much into it,
it's going to come up as invalid, because it can't read,
make a proper reading internally.
Okay. But what would the tones of the
Q
machine do?
A
Q
It will-- it will still have a steady tone.
So if he was blowing too hard, you would
still have been able to hear a steady tone?
A Yes.
Q Did you hear a steady tone when you were
attempting to take the second sample?
A The second sample, no.
THE COURT: Which sample are we talking
about? There were actually three attempts, as I recall.
MR. BROFEE: Yes, Your Honor.
BY MR. BROFEE:
Q The second sample on the DataMaster, did you
hear a steady tone?
A No, I did not.
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Q Okay. And the-- with regard to the
Intoxilyzer 5000, would it provide a similar steady tone if
somebody was breathing too hard?
A It would-- if someone is blowing in the
instrument and getting air into it, it will give a steady
tone.
Okay. Did you hear that steady tone?
No, I did not.
The-- we were looking at the evidence ticket
What does it indicate for the second
Q
for the DataMaster.
subject sample?
A
Q
Invalid.
Based upon your experience and expertise in
reading tickets, what does that indicate to you?
A That there was not enough air-- I'm sorry,
breath forced into the instrument for it to sample.
Q Is it possible that Petitioner may have
simply been breathing too hard, and that's why it came up
as an invalid sample?
A That is not my belief.
Q Okay. Why would it indicate invalid rather
than perhaps insufficient sample?
A There was no breath going into the
instrument, and it didn't get a reading. If enough goes
into it for it to sample, but they don't give it long
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enough, if they just give a puff in there, it reads that.
It gets a reading off of that. But if they don't hold long
enough for an instrument to make an accurate reading, it
will come up deficient.
Q So when there's no-- if I understand
correctly, when there's no air getting in, then it's
invalid. When there is some air but not enough for a
reading, then it's a deficient sample. Is that correct?
A It will do that, and it timed out. It went
to three minutes and timed out, and that's when it--'
Q What does the reading--
THE COURT: Wait. He didn't finish that
answer. That's when it-- you started to say, that's when
it does something, but then you were cut off, so I don't
know what the rest of that answer was.
BY MR. BROFEE:
THE WITNESS:
THE COURT:
It timed out, sir.
Okay.
Q And in regard to the reading, what does it
print out when it times out?
A Invalid.
Q Okay. And what-- turning now to the ticket
for the Intoxilyzer 5000, would you explain to the Court
what the notations on that ticket mean?
A It just gives the date and time and serial
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number of the instrument, and it says on there, invalid
test.
Q And what does the invalid test notation mean
to you?
A It means that, there was not enough air
going into-- or not enough breath going in the instrument
for it to read, and after the three minutes, it timed out
and it printed out the invalid test.
Q Okay. Did you interrupt the test or did you
do anything that would cause it to print that out?
A I did not interrupt it, no.
Q Do anything on either of these tickets
indicate to you that either those machines might have been
malfunctioning?
A No, they do not.
MR. BROFEE: I have no further questions for
this witness.
BY MR. MANCKE:
Q
THE COURT: Mr. Mancke.
CROSS EXAMINATION
Mr. Rife, when is the last time you saw a
DataMaster that you have used print out deficient sample?
A
I don't recall.
In fact, you have never seen one, have you?
No-- well, on the Intoxilyzer 5000, I have,
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yes.
Q I'm not talking--
A I know that. I know what you're talking
about, Mr. Mancke.
Q You just told this Court that the DataMaster
prints out deficient or insufficient sample if someone
doesn't blow into it, and I'm asking you, sir, whether that
statement is true?
A No, it is not. I had my instruments
confused.
Q So when you testified to Mr. Brofee's
questions about how these equipment and how these machines
work, you were confused, is that a fair statement?
A I got my instruments mixed up.
Q DataMaster doesn't print out deficient
sample, does it?
A No.
Q So in all of this explanation to the Court
that we just heard, you were wrong as it relates to the
DataMaster, is that right?
A No, it wasn't all wrong.
Q Well, it doesn't print out deficient sample
if somebody doesn't give enough sample, does it?
A No, it prints out invalid. It doesn't
change the fact that he didn't provide a sample.
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Q And it prints out invalid in many other
instances as well, doesn't it?
A Yes, it will.
Q And so it could be for droplets in the
chamber?
A It could be.
Q It could be because there was mouth alcohol
detected by the unit?
A It will do that, yes.
THE COURT: I'm sorry. I didn't understand
that question. It could be because what?
MR. MANCKE: Mouth alcohol was detected by
the unit.
THE COURT: That will show an invalid sample
or a spiked sample?
THE WITNESS: It will pick it up as a spike.
It will give a very high reading, and then it will come out
as an invalid.
THE COURT: It will?
THE WITNESS: Yes, sir.
BY MR. MANCKE:
Q So those are just a couple of the things
that could happen, is that right?
A That's correct.
Q And that's on the DataMaster?
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A Yes.
Q And you wouldn't be able, as you visually
looked at a person blowing into it, you wouldn't be able to
determine whether there was mouth alcohol in the mouth,
could you? Visually, you couldn't determine that?
A No, I observe people for 20 minutes before
testing to make sure there's nothing put in their mouth.
Q And do you recall that a second sample, you
said, you didn't observe a steady tone. Do you recall that
there was a period of about 15, maybe 20 seconds where my
client was blowing into the unit, and it wasn't beeping,
there was a tone, and you kept telling him, keep going,
keep going, keep going? Do you recall that?
A Yes, I encouraged him to keep blowing, give
a steady breath.
Q Do you know, sir, what pressure is needed to
activate the DataMaster?
A No.
Q You don't know how these things are set up
as to what pressure needs to be exerted when someone is
blowing into it?
MR. BROFEE: Your Honor, I would object to
this as to relevance. The Commonwealth Court has held that
different degrees of pressure are not relevant as to
whether or not there's been a refusal. The case I'm
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referring to, I believe, is-- it's either Kilrain or Sweene
where they actually talked about the different amounts of
pressure.
THE COURT:
MR. MANCKE:
Mr. Mancke.
Your Honor, I'm very familiar
with the case. And what happened was, they did not
properly establish the issue in that case. I'm questioning
this person as to whether he knows in response to his
question or his answer, quote, not enough breath to get a
reading.
And if he doesn't know what it takes to get
a reading, how can he attribute the invalid sample to that?
That's what I believe from cross examination based on his
statement and his conclusion to Mr. Brofee's question. His
answer was, was not enough breath to get a reading, that's
why there was an invalid sample.
THE COURT: You can ask the question.
BY MR. MANCKE:
Q Do you know how much pressure is needed in
order to get a reading on the DataMaster?
You're looking for a number, is that
A
correct ?
Q
Yes, the amount of pressure that would be
needed to be exerted under the standards of the
manufacturer?
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A No, I don't.
Q Now, you talked about the Intoxilyzer 5000
reading, and you made some statements about that in your
explanation. And you described on the DataMaster that
certain things were done, the internal standard, external
standard, blank test. On the one for the Intoxilyzer, did
you do the blank check?
A Blank data check?
Q Yeah.
A I started-- I started the instrument, and I
pushed the start button and inserted the ticket in there,
and it went through its internal checks, and it came up for
time to blow and indicated that we were supposed to take--
Q Where--
answer.
it.
THE COURT: Wait.
It indicated something.
Let him finish his
I didn't hear the rest of
THE WITNESS:
THE COURT:
THE WITNESS:
I'm sorry.
It's not your fault.
It came up on the screen that
it was looking for a breath sample.
BY MR. MANCKE:
Q Where does it appear on that breath test
ticket for the Intoxilyzer 5000 that you performed the
diagnostic check, for example?
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A There's no printout on there.
Q Where does it show that you performed the
air blank test on the Intoxilyzer?
A It doesn't indicate that.
Q Where does it show the subject test on that?
A There was no subject test.
Q Well, doesn't the Intoxilyzer 5000, based on
all these things that you've said you've seen in your
training, doesn't the Intoxilyzer 5000 print out a result
even if there's no breath blown into it?
A It will come up one of two ways, either
deficient sample or invalid test, depending on whether they
didn't get it in or it times out.
Q Mr. Rife, you brought a manual along today.
(Whereupon, Appellant's Exhibit 1 was
marked for identification.)
BY MR. MANCKE:
Q I'm going to ask you whether you were
familiar with the manual that,s been marked as Appellant's
Exhibit No. 1 at the time you performed the breath test
ticket or breath test on my client. Are you familiar with
the contents of the operator's manual?
A I've seen it, yes.
Q Well, isn't this the one you just produced
for me?
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A That's the one I got out of the center.
That's the one you indicated.
Q Now, you said you've seen it?
A Yes.
Q Is that the one you studied when you went
through the courses?
A It's similar, but I couldn't swear that
that's the exact same manual.
Q Is that the manual that is used in the
Cumberland County District Attorney's Office Booking Center
by you?
A Yes, that's the one that's in the Carlisle
center.
Q And this is the one that you would have
performed the breath test on my client, you would have used
this manual to set up how you were to perform the test and
what you were supposed to do, is that correct?
A Either that one or one similar to it, yes.
THE COURT: Is this a manual for the
Intoxilyzer 5000?
MR. MANCKE:
THE COURT:
Yes, it is.
I think I need the witness to
say that. I'm not sure which machine we're talking about.
MR. MANCKE: Okay.
BY MR. MANCKE:
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Q I'm showing you what's been marked as
Appellant's Exhibit No. 1. Can you describe what that is?
A It's a copy of the Operator's Manual for the
Intoxilyzer 5000 Breath Analysis Instrument.
Q And, sir, in that document, does the
manufacturer indicate that, where there is a deficient
sample, that results will be printed out as a deficient
sample, value printed was highest obtained?
A Yes.
Q And does it also indicate to you that, if
there is no air blown into it, and no reading obtained, in
other words, a zero zero, that that unit, the Intoxilyzer
will print out zero zero, deficient sample, highest
obtained?
A
Q
It will say, deficient sample.
And will it not also print out even if the
subject test was a zero zero zero?
A I don't recall that, no.
(Whereupon, Appellant's Exhibit 2
was marked for identification.)
BY MR. MANCKE:
Q I'm going to show you what we've marked as
Appellant's Exhibit No. 2, and ask you whether those are
breath test-- copies of breath test tickets that have been
done on the Intoxilyzer 5000 that is used by the Cumberland
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County District Attorney's office?
A Yes, they are.
Q And, sir, does that indicate that the
Intoxilyzer 5000 will print out asterisk subject test zero
zero zero, and then print out deficient sample, highest
value obtained?
A
Q
A
of it.
Q
A
Q
A
Q
A
Q
It did in this case.
So you would agree with me that, the
Intoxilyzer 5000 will print out deficient sample even when
the breath blown into it is zero zero zero?
In this case, they had a first reading off
And what was the first reading?
.196.
And then they got a zero zero zero?
That's correct.
Deficient sample, is that right?
That's correct.
Now, sir, when you--
THE COURT: I'm a little confused.
Appellant's Exhibit 2 is what again?
MR. MANCKE: This is a different case with
readings to show that the Intoxilyzer 5000 will read
deficient sample, zero zero zero.
THE COURT: At least, it did in that case?
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BY MR. MANCKE:
MR. MANCKE:
THE COURT:
That is correct.
Ail right.
Q A~d that leads me to the next question.
When you were asked about an invalid sample reading, and
you said that, that will be obtained when a person does not
blow into it sufficiently, was that your testimony?
A Yes.
Q Now, have you had an opportunity to read
through and read the manual in regard to what is, according
to the manufacturer, what are the causes of an invalid
sample?
A I have not read that for quite sometime.
Q Let's go through and take what the
manufacturer says. You have the one that was obtained from
my client?
MR. BROFEE: Your Honor, could I see the
document that he's using to cross-examine?
THE COURT:
MR. MANCKE:
MR. BROFEE:
MR. MANCKE:
MR. MANCKE:
MR. BROFEE:
Certainly.
This?
Yes.
Sure.
The invalid test result--
Your Honor, I would object.
He's cross-- I feel these questions may be misleading,
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because the questions he is reading to him are from the
portion of manual that talk about what's visually shown.
There's a later subject portion of the manual with regard
to what the printed output is. I would simply ask that he
use the printed output part to avoid misleading the
witness.
THE COURT: If you feel the questions are
misleading, you can bring that out in your redirect.
MR. BROFEE:
BY MR. MANCKE:
Okay.
Q
what does it say causes the machine, the Intoxilyzer 5000
to read invalid test?
Subject's breath sample contains residual
A
mouth alcohol.
Q
On page 15, on definition of invalid tests,
That's invalid sample. I said, invalid
test, to match what you have recorded on my client's
sample. What does it say causes--
A The start test button was pushed at the
wrong time, the evidence card was pulled from the printer,
or the instrument's pump inadequately purged the sample
chamber. The instrument cancelled the test.
Q So the manufacturer indicates, when you get
an invalid test, that can occur because of one of three
things, am I right?
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A That's what it says.
Q Has-- it does not indicate deficient sample
will cause an invalid test to occur, does it?
A That's what it says there.
Q And it not only says that there, but it
tells you about the printout and how it will print that
out, that it was, as you have here, invalid test. And I
wonder if you can read below their printout document, read
this statement directly before, and we're talking the
printout part that Mr. Brofee wanted to make sure you did
talk about, read the paragraph out loud directly before the
invalid test reference.
cause that?
A
Tell the Court what it says will
An incorrect operational procedure or
condition will cause the instrument to either cancel or
complete a mode sequence and print one of the following
messages.
Q What is the next following message that they
describe?
A Invalid test.
Q And tell the Court what it says would cause
that to print out invalid test?
A Start test button was pushed at the wrong
time, the evidence card was pulled from the printer, or the
instrument's pump inadequately purges the sample chamber.
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Q And once again, invalid test, according to
the manufacturer, is not caused by someone not blowing a
sufficient sample, is it?
A That's what they say.
Q And, sir, I assume, you were trained
consistent with what is in the operator's manual in the
Intoxilyzer 5000?
A That's correct.
Q So your testimony that deficient sample
would cause the Intoxilyzer to read an invalid test would
be in error based on your training and what the operation
manual says, is that correct?
Not after seeing all the breath tests I've
A
seen, no, sir.
Q
Can you show me in this manual anywhere
where it says what you have testified to, and that is that,
if someone blows in an inadequate sample, that it will read
out invalid test?
A No, that isn't what I said. I didn't say it
was in there. I said, based on my experience.
Q Were you trained, however, in the
operational manual?
A Yes.
Q And were you told and instructed that you
were to follow the operational manual in the conducting of
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the breath tests?
A Yes.
Q Did my client, when you indicated that you
were going to count it as a refusal, did he indicate to you
that he wanted to take the test, that he did not want to be
a refusal?
A Yes.
Q And isn't it true, sir, that on the
videotape, you were the one who switched the units?
units?
A
Q
I was the one that switched units?
Yeah.
Yes, that's correct.
My client didn't ask you to switch the
A No.
Q And you hadn't told him that he was going to
be a refusal after he performed the DataMaster, as you
testified earlier. You didn't tell him that, did you?
A I said, it could be a refusal. He didn't
provide it. And he indicated that he was trying to blow,
that there was something wrong with the instrument, so at
that point I switched instruments.
Q Were you observing the readings as they were
showing up on the screen?
A Yes.
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Q And can you tell today what the readings
were as you saw them on the screen?
A
Q
A Yes.
Which instrument?
On the Intoxilyzer 5000?
I didn't see any.
Well, did you see zero zero?
There were zeroes there, yes.
So you saw the reading as a zero zero?
Q And they did not print out? None of the
readings printed out?
A No.
Q What about the DataMaster? What readings
did you see on the second sample?
A None.
Q You didn't see any reading?
A No.
Q Did you see the reading, the first reading,
the 221 on the screen?
A Yes.
Q You're telling us, on the second one, you
didn't see anything printed up on the screen?
A No.
Q Did you push the button on the Intoxilyzer
5000 too soon, sir?
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A
No, just to start it.
MR. MANCKE: That's all I have.
THE COURT: Mr. Brofee.
BY MR. BROFEE:
Q
REDIRECT EXAMINATION
At the beginning of Mr. Mancke's questions
to you, he pointed out, there may have been a mistake with
regard to the machines and your testimony about deficient
sample. Did any mistake you make there, perhaps misled by
me, does that impact your testimony with regard to what an
invalid sample means?
A I did. It was on the wrong instrument, yes.
Q But you are certain about what the readout,
invalid sample, means when you see on a ticket, is that
correct?
A Yes.
Q With regard to the mouth alcohol, you said
that, when there's mouth-- did you say that, when there's
mouth alcohol present, the machine will show a spike?
A Yes, because you're-- under normal
operation, you observe a person for 20 minutes before you
take a breath sample. That's why you wait for the residual
mouth alcohol to go away. If someone were to take a direct
drink before they did that, then that-- all that fresh
alcohol would go in there and spike the reading.
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Q
Okay. Did you see a spike?
No.
You were asked about--
THE COURT: May I just ask, during that 20
minute period in this case, did the Appellant ingest any
alcohol?
THE WITNESS: No, sir.
THE COURT: Any breath spray?
BY MR. BROFEE:
Q
steady tone.
THE WITNESS: No, sir.
You were asked about whether there was a
Did you observe a steady tone that lasted for
10 to 20 seconds any time other than that first sample?
A No, I did not.
Q Okay. You were shown copies-- you have in
front of you a copy of a printout from some other case.
Exhibit 2?
BY MR. BROFEE:
THE COURT:
MR. BROFEE:
THE COURT:
You're referring to Appellant's
Yes.
All right.
Q Can you explain why there would be
additional readings on these tickets that don't appear on
the ticket for the Intoxilyzer 5000 in this case?
A Well, on this one, it went through and the--
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they did get a valid reading for their first breath test
on that subject. And when it cleared the instrument, it
cleared itself out again. Then the second test was all
zeroes, and it went through the calibration phase and the
air blank, and then printed it up. It said, deficient
sample. I printed-- the value printed was the highest
obtained.
In the case of the second one, the one on
the right-hand side, that was the indication. So it did,
it went through all the normal routine, took a valid first
test, and then the second one was, there was nothing
obtained from the Defendant in that case, and it went
through the normal cycle and printed it out.
Q When there is nothing obtained on the first
sample on the Intoxilyzer 5000, does it go through that
normal routine that you're talking about?
A No, because it will stop. It will stop and
kick it out if it times out. It will end the test itself.
Q So is that why there's a difference between
these two printouts?
A Yes.
Q You were asked several questions about this
operator's manual. You were first asked about a definition
that appears on page 15.
THE COURT: Are you referring to Appellant's
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Exhibit 17
Your Honor.
BY MR. BROFEE:
Q
MR. BROFEE: That is correct. I apologize,
THE COURT: That's all right.
On page 15 of Appellant's Exhibit 1, am I
correct that, what's on page 15 is one of a list of
displayed messages?
A Yes, that's correct.
Q And am I correct that, that list begins on
page 12 ?
A Yes.
Q Okay. Turning to page 12, where it tells us
what the-- these messages and commands are, am I correct
that it reads-- would you read for me what it says there?
A The Intoxilyzer 5000 breath analysis
instrument visually communicates by displaying the
following messages and commands. Commands flash to
indicate that an instrument expects a response.
Q So this list and the definition on page 15
is with regard to the visual commands, is that correct?
A Yes.
Q Not with regard to the printout, is that
correct?
A That's visual.
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Q Okay.
title of this page?
A
Q
So turning to page 23, what is the
Printed output.
So is this the portion of the manual that
tells us about what prints out on the ticket?
A That's correct.
Q Okay. You were asked to look at a portion
of that page which says that an incorrect operational
procedure condition will cause instrument to either cancel
or complete in mode sequence and print out one of the
following messages. Does that say that, that is the only
time you will get an invalid test reading or is that--
A I don't quite follow you.
Q Looking again at the portion on this page
that Mr. Mancke had you read?
A Yes.
Q Do you see anything there that indicates to
you that the only time it will print out invalid test is
when what is there happens?
A No, the definition that I read earlier for
invalid tests, there's also another-- I'm sorry, that is
not, but it does indicate that there were-- that the button
pushed the wrong time, the evidence card was pulled, or the
instrument's pump was inadequately purged.
Q But might there be other times when it
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prints out invalid test?
MR. MANCKE: Your Honor, I object to the
form of the question. He's using the manual. And the
manual only indicates three messages. And I don't think
he's in a position that he can contradict what the
manufacturer says that unit will do.
THE COURT: I don't know whether he can or
not. I mean, he certainly can testify to it. Whether he
would be correct, I don't know. But I'll permit the
question.
BY MR. BROFEE:
Q Does anything on this page tell you that the
only time invalid test will be printed out is when this
happens? Does it say, this is the only time that it will
print out an invalid test?
A No, it does not say that, no.
Q Okay. Turning now to page 24, would you
read the first line on page 24, including the punctuation?
Unable to obtain stable reference semicolon
A
invalid test.
Q
Okay. So those things are separated by a
semicolon, is that correct?
A That's correct.
Q Does that indicate to you that those are two
different messages that might be printed out by the ticket,
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on the ticket?
A Yeah, they would indicate. Unable to obtain
stable reference and invalid tests are one in the same for
this purpose.
Q Okay. So is it fair to say that, that's
another time when the machine would print out invalid test?
A That's correct.
Q Okay. In your experience operating the
machine, are there times in addition to those mentioned on
either of those pages when it would print out invalid test?
A It will.
Q Okay. So you do not believe that the list
of times on that manual is an exclusive list of all the
times it will print out invalid test?
A I do not believe that, no.
MR. BROFEE: I have no further questions.
THE COURT: Mr. Mancke.
BY MR. MANCKE:
Q
RECROSS EXAMINATION
Mr. Rife, very-- who is your instructor when
you were certified?
A
A
first name is Michael.
Michael Sternick-- no, I'm sorry.
Michael Sternick was your instructor?
Michael-- it's a name similar to that. His
I may have his name somewhere, but
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I can't recall exactly.
Q Your instructor told you that those are the
three reasons you could get an invalid test, am I right?
The instructor told you, those are the three and the only
three reasons you get an invalid test?
I don't recall him saying that exclusively,
A
Did your instructor ever tell you that a
deficient sample will read on an Intoxilyzer an invalid
test and print out invalid test based on a deficient
sample?
A I don't know that he covered that
specifically.
Q So he never, to your knowledge, he never
said that?
A I don't recall, no.
Q And when you look at the manual itself, it
tells you in this manufacturer's manual all about deficient
samples and how that will read when you get a deficient
sample, am I correct?
A Yes.
Q And it tells you, it will print an asterisk
before subject test. It will give you the reading, and
then it will print out deficient sample, value printed was
highest obtained. Am I right?
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A
MR. MANCKE:
THE COURT:
MR. BROFEE:
brief, Your Honor.
THE COURT:
That's what it says, yes.
That's all I have.
Okay. Mr. Brofee.
Just if I could just-- I'll be
Sure.
BY MR. BROFEE:
Q
REDIRECT EXAMINATION
Which portion of the manual was Mr. Mancke
A
MR. BROFEE:
showing to him?
MR. MANCKE:
just asking you about with regard to the deficient samples?
I didn't quite see what page he was on.
Perhaps I could expedite.
Mr. Mancke, what page were you
I showed him about three
different places, but I'll show you the one I was referring
to. Twenty-two.
THE COURT: Go ahead. I think you asked a
question, what pages was Mr. Mancke referring to?
BY MR. BROFEE:
Q
Mancke indicated to you?
THE COURT:
to and what page number?
MR. BROFEE:
Would you read this paragraph that Mr.
What exhibit are you referring
This is Appellant's Exhibit No.
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1. I'm on page 21, and it goes over to page 22.
THE COURT: Ail right.
THE WITNESS: In the event that the subject
fails to provide an adequate breath sample within three
minutes, deficient sample appears on the display
accompanied by a low-high tone sounding intermittently for
five seconds. Next the instrument displays subject test
and then three pound signs (the highest BAC valuable
obtainable from the given breath samples), and completes
the mode sequence. On the evidence card, the instrument
indicates the highest obtainable BAC value by printing an
asterisk before subject test. The asterisk is a cross
reference to the message printed at the bottom of the
evidence card: Deficient sample, value printed was highest
obtained.
BY MR. BROFEE:
Q Did I understand correctly, it was your
testimony that, when it gets no sample at all, it prints
out invalid test, and when it gets some sample, it prints
out deficient sample?
A Yeah. If we don't get anything, and it
times out, it will print out invalid, because there was
nothing that went in there.
Q What I just read to you, do you think that's
consistent with your testimony, what you just read?
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A Pretty much-- yes, because if it gets any
value in there, it will pick up the value from that sample,
and it will print the highest value obtained.
Q And that's when it prints deficient sample?
A Yes.
Q Okay.
MR. BROFEE: I have no further questions.
THE COURT: Okay. Mr. Mancke.
RECROSS EXAMINATION
BY MR. MANCKE:
Q Mr. Rife, I want to make absolutely sure you
understand what you're saying. Are you coming in here and
telling us that this Intoxilyzer 5000, once it is set up
with the diagnostic, the air blank, and the subject test,
you're telling this Court that, contrary to this manual,
that this unit will print out invalid test when they do not
get a sufficient amount of air into the machine?
A
it says that?
A
Q
you that?
A
Q
It will when it times out, yes.
Can you explain why nowhere in this manual
No, I have no idea why.
And you never recall your instructor telling
Not specifically.
And, in fact, in none of your training have
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you ever heard anyone say what you just said happened?
A
BY MR. BROFEE:
Q
No.
MR. MANCKE:
THE COURT:
MR. BROFEE:
That's all I have.
Mr. Brofee.
One last question.
REDIRECT EXAMINATION
Mr. Mancke said, contrary to the manual. Do
you consider what you're saying today to be contrary to the
portion of the manual that I read to you?
A What I said, I did not see there, no. But
I'm basing it on experience.
MR. BROFEE:
THE COURT:
MR. MANCKE:
THE COURT:
you.
remain?
I have no further questions.
Mr. Mancke.
I have nothing further.
Okay. You may step down.
Thank
May this witness be excused or did you wish him to
MR. BROFEE: Would you remain, Mr. Rife?
THE COURT: Ail right. We have reached the
end of the morning, and I have a nonjury trial starting at
1:30 this afternoon. Mr. Mancke, did you want to move the
admission of your exhibits so far?
MR. MANCKE: Yes, Your Honor, I do.
THE COURT: All right. Mr. Brofee, do you
82
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have any objection to the admission of Appellant's Exhibits
1 and 2?
MR. BROFEE: I would object to number 2 on
the grounds of relevance.
THE COURT: All right. Mr. Mancke, do you
have a response to that?
MR. MANCKE: Yes, Your Honor. It does show
that this unit will print out zero zero zero, deficient
sample, highest value obtained, and I think that's
important on the cross examination portion of Mr. Rife's
testimony suggesting otherwise.
THE COURT: Commonwealth's Exhibits 1 and 2
are admitted. And Mr. Brofee, did you want to move the
admission of Commonwealth's Exhibit 3?
MR. BROFEE:
MR. MANCKE:
Yes.
Did you mean, my exhibits were
admitted? I thought you said, Commonwealth's Exhibits.
THE COURT: I'm sorry. I meant to say,
Appellant's Exhibits 1 and 2 are admitted.
(Whereupon, Appellant's Exhibits 1 and 2
were admitted into evidence.)
THE COURT: Mr. Mancke, do you have any
objection to the admission of Commonwealth's Exhibit 3?
MR. MANCKE: No, no objection.
THE COURT: All right. Commonwealth's
83
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Exhibit 3 is admitted.
(Whereupon, Commonwealth's Exhibit 3 was
admitted into evidence.)
MR. BROFEE: If there's no objection at all,
I'd also like to move for the admission of Commonwealth's
Exhibit 2 at this time.
THE COURT:
MR. MANCKE:
That is the videotape.
Mr. Mancke.
I would object to the relevancy
beyond the point where we're dealing with the breath test
device. So beginning with the Miranda warnings being
given, I would object to the relevancy beyond that point
which, I think, is at 3:20 a.m. on the tape.
THE COURT: I don't know without seeing the
tape. I don't know whether it is or isn't. So we'll defer
consideration of Commonwealth's Exhibit 2 until we actually
see the tape in evidence. Do counsel want a copy of the
transcript of today's proceeding made?
MR. MANCKE: I would like that, and, Your
Honor, I would like also-- I had subpoenaed two copies of
the Intoxilyzer reports. We only have the one here. So I
would like to have a copy made of the exhibits to be part
of the transcript as well.
THE COURT: A copy of the-- you want to copy
the exhibits that have already been admitted?
MR. MANCKE: Yes.
84
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THE COURT: We can certainly do that for
you. This question about what the Intoxilyzer shows when
the machine times out, it seems to me, can be easily
demonstrated one way or the other with an experiment. So
if counsel cannot agree on that result based on their own
experiment, then I would ask that you bring an Intoxilyzer
5000 in, and we can just see what it does show when the
sample provided doesn't continue long enough to provide a
readout.
MR. BROFEE: Could I confer for a moment
with Mr. Rife as if he's available to do that?
THE COURT: Certainly. And maybe we need a
view instead of a demonstration in court. I don't know.
That seems to me, at least, an easy thing to prove one way
or the other.
MR. BROFEE: I will consult with Mr. Rife
and Mr. Mancke as to the feasibility of that.
THE COURT: I'm sorry?
MR. BROFEE: I will consult with Mr. Rife
and Mr. Mancke as to the feasibility of that.
THE COURT: Ail right. We'll enter this
order.
(Whereupon, the following Order of Court was
entered:)
ORDER OF COURT
85
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AND NOW, this 26th day of February, 2003,
upon consideration of Appellant's License Suspension
Appeal, and following an initial period of hearing held on
this date, and the case not having been completed, the
record shall remain open, and a continued half-day of
hearing is scheduled for Thursday, June 5, 2003, at 9:30
a.m., in Courtroom No. 1, Cumberland County Courthouse,
Carlisle, Pennsylvania.
It is noted that at the time of adjournment
on today's date, Appellee, Commonwealth of Pennsylvania,
Department of Transportation, was continuing to present its
case-in-chief, and the testimony of two witnesses had been
received. It is noted further that at the time of
adjournment, Appellant's Exhibits 1 and 2 had been
introduced and admitted, and Commonwealth's Exhibits 1 and
3 had been introduced and admitted. Although other
exhibits may have been referred to, no other exhibits had
been identified by a witness or admitted as of the time of
adjournment.
Pursuant to a request of Appellant's
counsel, the stenographer is requested to transcribe and
file the notes of testimony from today's proceeding.
By the Court,
/s/ J. Wesley Oler, Jr.
86
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THE COURT: Mr. Mancke and Mr. Brofee, is
there anything else that should be on the record at this
time?
MR. MANCKE: Just the indication that we
will go ahead and have the transcript of that first 20
minutes approximately transcribed.
order:
THE COURT:
Ail right.
We'll add to the
It is noted that Appellant's counsel has
agreed to transcribe, submit for approval to Appellee's
counsel, and file a transcript of a certain videotape which
will be introduced as an exhibit in this case, to the
extent that Appellant feels the verbal portion of the
videotape is relevant to the case. Appellee will also have
an opportunity to transcribe, submit for approval, and file
the transcript of such portions of that tape as Appellee
deems relevant.
By the Court,
/s/ J. Wesley Oler, Jr.
THE COURT:
that order satisfactory?
MR. BROFEE:
MR. MANCKE:
THE COURT:
Okay. With that addition, is
Yes, Your Honor.
Yes. Thank you, Your Honor.
Thank you. Court is adjourned.
87
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(Whereupon, the proceedings adjourned at
12:10 p.m.)
88
[32] 28:8 30:4 32:11 41:9 42:7 43:2 [27] 11:4,9,14,24 13:11 14:19-20 17: [8] 19:25 28!19 46!9 54:13,15 59:9,
44:4 47:16 48:1 53:2 54:23 55:25 20 18:21 19:10 23:10,14 '9 32:18 15 60:16
60:2.24 6 62:20 63:4,25 64:4,9, ]]:7 35:21 36:16 37:2.4 39:6, Answering
0 2 - 3 8 13 23 66:12 6 70:4,25 72:24 73:15 23 41:2 43:13 55:7 68:13 :17
[1] 4:6 74:16 81:13 85:7 A f t e rno on [1] 51:3
i 9 [1] 82:22 Answers
Again [1] 35:2
i 9:30 [1]] 14:25 17:1,16 18:15 25:7 39:9, Anticipate
[22] 4:2 8:15-16,19,22-23 14:2,9,16 [1] 86:6 15 41:24 42:5 64:21 68:1 73:3 75:14 [2] 45:5,9
51:15,20 63:2 74:1,6 80:1 83:2,12, 9:45 Agency Any
19-20 86:7,14-15
10 [1] 4:3 [1] 44:20 [34] 4:23 6:2,20,22 8:18 12:18 13:
19 17:7 24:7 32:17,25 35:1-2 39:25
~1, 72:13 A Agency's 40:1-3,11,25 42:12 45:6,10,12 52:2
102 [1] 44:18 70:5,16 71:9 72:5,8,13 81:1 83:1,22
[1] 45:2 A Agent Anyone
[264] 4:4 5:9,21-22 6:9,12,17,23 7: [9] 17:25 19:12 2Q:4 26:2 29:11,21 [2] 16:4 82:1
10:22 9,22 8:8 9:17 10:7.9,11,23 11:14,20 33:6 46:19 48:5 Anything
[1[ 34:2 12:10 13:16,19,21-22 14:2 15:4,8,14, agent S
37:19,22 49:17,19 55:10
10:49 16-17.20-21.23 16:1,3.8,13-14,20-21 [1] 34:15 ~2~0~h1~5:17 76:12 80:21 57:2
17:12,14,17 19:22 21:12,22 22:4,7,
[1] 34:3 23 23:9,15 24:8,10-11,19,21 25:8 29: Agree Anyway
10 th 2,6,9,11, I4,19,22-23 28:1,14 30:7 [6] 16:7 17:13 19:10 50:20 64:8 85:5 [1] 6:22
[1] 6:15 31:6,13,16 32:6-7,21-22 33:3,7,12,
20,24 34:2,16 35:10,17,23-25 36:3,6, Agreeable Anywhere
12 8,10,12,16 37:9,11,13,19,22,25 38:1, [1] 43:13 [1] 68:15
[2] 74:11,13 3-4,12,15,21,24 39:1,4,8,11,24 40:5- Agreed Apologize
12: 10 7,19 41:4,10,12,16,18-20,25 42:1,6, [4] 17:19 34:14 36:14 87:10 [3] 7:6 45:17 74:2
16,19,22 43:1,14 44:12-13,24 45:2-4
[1] 88:2 23 46:20,25 47:21,24 48:3,8,15 49:6 Ahead Appeal
i 5 18,20 50:14,20 51:7,10,17,19,21 52: [4] 7:5 36:2 79:18 87:5 [3] 4:5 8:2 86:3
[6[ 58:10 66:11 73:24 74:6-7,20 6,9.12,14,16,24-25 53:2,5,24 54:1-2 Air Appear
7-8 55:21 56:13,25 57:15-17,22 58:3
196 8-10,12,15,25 59:9,12,15,20-21 60: [16] 38:1,4,20 40:2,5 45:21 53:5,15 [2] 60:23 72:23
[1] 64:14 21 61:9.14 62:19 63:3,6-7,12,17 64: 54:6-7 55:5 61:3 63:11 73:5 81:14,17 Appeared
1999 11,15,20,22 65:6 66:3 67:16 58:2 69 Alcohol [1] 12:8
[1] 19:2 4,6,17,19 70:8 71:7,14,19,21-23 72: [15] 5:8 13:7 15:14 16:14 49:4,6 57: Appears
1,11-12,16 73:1,10,19,23 74:7,9,19 7,12 58:4 66:15 71:17,19,23,25 72:6
i g 3 0 75:7 76:5,21 77:24 78:6,10,19 79:11, [2} 73:24 80:5
Il[ 82:22 18 80:6,12 81:17 "2:21 83:6 84:16, Al 1
21,23 85:8,10,12-13 86:5,18,20 67:11 [53] 4:17 5:1,12,15 6:11 8:8,21 11: Appe 11ant
A.m. 2 12:18,23 13:9 18:2,24 20:10 22:21 [4] 4:7 15:6 72:5 87:13
2 [5] 4:3 14:22 18:8 34:2 84:12 25:11 28:25 29:9 32:9,15 35:6 38:13 Appem man[ ' s
40:15 41:16 43:19 45:19 49:14,17 51: [18] 4:5 61:15,19 63:2,19,23 54:21
Able s 56:18,21 61:8 65:2 68:13 71:2,24
[12] 63:19,23 64:21 72:18 83:2-3,12, 72:17 73:25 74:6 79:25 83:1,19-20
19-20 84:6,15 86:14 [5] 41:13 51:21 52:14 58:2-3 72:20 73:3,10 74:4 77:13 78:18 79:2 86:2,14,20 87:9
20 About ~:2,18 82:3,20,25 83:s,25 .4:4 85:
87:7 Appellate
[9] 14:24 27:17 37:5 58:6,10 71:21 [43] 11:18 16:20 18:6 21:22 24:24 A mmen [2] 33:11,23
72:4,13 87:5 31:14 32:21 36:12 37:22 38:17,25 39:
2 46:12 47:11 49:2,17,19 51:13 52: [1] 19:4 Appellee
20-minute 20 56:4,12 58:10 59:2 60:2-3 62:23 Almost [3[ 86:10 87:14,15
[1] 18:22 65:5 66:2 67:6,11 70:13 71:8,13 72:
[1] 27:17 Appellee ' s
2 0 0 2 3,11 73:16,22-23 75:5 78:18 79:10,
15 .5:2 Along [1] 87:10
[4] 6:15 10:1 30:23 35:9
2003 Absolutely [1161:14 Apply
[3] 4:1 86:1,6 [2] 7:16 81:11 Al ready [2] 15:24-25
21 Accident [21 46:10 84:24 Appreciate
[1] 80:1 [2] 35:20 44:18 Al S O [1] 29:7
21st Accompanied [15] 6:21 7:8 11:21 13:24 26:1 34: Approach
21 35:25 46:24 51:8 63:10,16 75:21 [4] 10:15,19 14:4 43:20
[3] 10:1 30:23 35:9 [1] 80:6 84:5,19 87:14
Approached
22 According Although [1110:16
[1] 80:1 [4] 48:18 49:5 65:10 68:1 [1] 86:16
Appropriate
221 Accuracy Am [1~ 6:10
[4] 38:24 45:3,23 70:19 [1] 35:1 [17] 9:25 14:8 15:16 18:22 19:21 22:
23 Accurate 24 32:25 34:] 43:23 66:25 74:5,10, Approval
[1] 75:1 [3] 33:8 49:10 54:3 14 78:3,20,25 86:7 [2] 87:10,15
24 Actions Amount Approximately
[2] 76:17-18 [2] 6:8 24:8 [4] 27:19 47:13 59:23 81:17 [5] 9:16 10:8 14:22 18:22 87:6
24th Activate Amounts Are
[1] 35:9 [1] 58;17 [1] 59:2 [51] 4:13,15-16 5:2.5,15 6:2 9:8 15:
13 17:22 19:19 26:9 27:4-6 31:18 38:
25 Actual An 17 43:25 44:11 45:16 46:22-24 47:3
[1] 10:9 [1] 27:25 [67] 7:22 8:12 11:21 16:22 27:21,25 49:1 51:13,21 52:19 57:22 58:19,24
28:1-2 30:4 32:5 33:22 34:10,25 35: 61:21 63:23 64:2 65:11 66:1,7 71:13
26 AC tuamly 4,19 36:19.23 38:23 40:24 44:22,25 73:25 74:14 76:21,24 77:3,9 78:2.4
[11 4:1 [5] 12:9 17:1 52:20 59:2 84:15 45:1 46:5-6,11,14 48:6,14,18,20 49: 79:23 81;12 83:13,19
26th Add 7 51:17,23 53:19 54:3 57:14,18 59: Area
[1] 86:1 [1] 87:7 t6 65:5,9,11 66:24 67:3,14 68:10,17 [1] 46:7
71:10 74:19 75:8,12 76:15 77:13 78:
2:07 Addition 3,5,9,22 80:4,11 85:4,6,14 86:3 87: Aren't
[1] 9:25 [2] 77:9 87:21 12,15 [2] 6:22 52:1
2:15 Additional Analysis Argument
[1] 18:8 [2] 43:12 72:23 [2] 63:4 74:16 [1] 25:17
2:21 Address And Around
[1] 18:8 [1] 18:25 [296] 4:4,8,11 5:6,21 6:7,17,21 7:2,
19 8:2,9 9:6,22 10:13,15-16,23 11:6- [5] 9:25 18:23 28:15 37:12 41:25
2 : 26 Adequate 7,9-10,13,16,22 12:4,9,11,23 13:16, Arrest
[1] 14:22 [1] 80:4 23 14:25 15:10,23-24 16:9,21,24 17: [11] 5:6 12:14,23 13:13 15:14 18:4
2 : 5 0 Ad] ourned 10,16.25 18:2,6,10.14.17.24 19:5.12 21:17 31:18 35:19 44:16-17
[1] 18:22 [2] 87:25 88:1 20:16,19,24 21:4,15-17,21-22,25 22: Arrest lng
3,6,23 23:1,10-11,17,23 24:18-20,25
Ad] ournment 25:6-7,17 26:12,23 27:11,15-16,20- [2] 44:17-18
3 [3] 86:9,14,19 21,23 28:16 29:12,20 30:4,18,20 31: ArTived
3 Administer ~1~2;I? 33: 8. 12-13,22-23,25 34:3,6, [1' 14:21
1,17-18,24 36:5-6,16,18,20
[8] 43:5,9,23 83:14,23 84:1-2 86:16 [1] 47:22 37:4,10,12,16-17 38:2,19,21 39:3,8, As
300 Administration 12 40:3,7,23 41:6,8,17,20 42:2,8,11,
[77] 6:4,21 7:9 8:12 9:2,17 12:3,6
[1] 19:15 13,15,24 44:3,21,25 45:2-3,10 46:5 13:24 15:17,21-22 18:2 22:12 24:2
[3] 10:6 47:14,25 47:1,18,21-22 49:8,20 50:2,18,20 51: 27:7,25 28:15,18,23 29:15 30:4 33:1,
3731 Administratious 7,i2,i4 62:i 53:i.5,13.i8,24 54:9- 7,i6,2i 34:i,10,12 35:4,18 36:1 40:
[1] 15:15 [1] 26:7 10,19,22,25 55:1,3,7-8 56:7,12 57:1, 23 43:5 44:22 46:6,9,11,14,16 48:6,
3: 2 0 Admi S S ion 4,17,25 58:2,8,11-12 59:6,11,14 60: 18 49:5,7-8 51:17,19 52:8,20 53:19
3-4,10-13 62:14,16 63:5,10-11,16,23 56:19 57:2,16,18 59:2,20,23-24 59:8
[1] 84:12 [6] 8:19 82:23 83:1,14,23 84:5 64:3,5,13,15 65:4-5,10,14 67:5-7,9, 61:19 63:1,7,22 67:7 69:4,17,23 70:
Admit 16,21 68:1,5~11,16,24 69:8,16,20 70: 2,8 84:22 85:11,17,20 86:18 87:12,16
4 [2] 33:9,21 1,10 71:8,25 72:25 73:2,4-5,11-13,
17 74:10,14,18,20 75:10 76:3-4 77:3 Ask
:43 4 Admitted 78:4,10,17,19,22-23 79:24 80:1,8-9, [21] 10:24 15:4 21:6 22:4,17-18 28:
· [15] 8:22,24 26:10 34:10,24 63:13, 19,21 81:3-4,12,14,22,25 82:21 83:2, 21 33:25 39:20 43:4 46:8,12,16 48:8
[1] 10:8 17,19,21 84:1,3,24 86:15-16,18 9,12-13,19-20 84:18 85:7,12,17,20 59:17 61:18 63:23 66:4 69:13 72:4
5 Advised 86:1,3-5,12,14-16,21 87:1,5, 11,15 85:6
[5] 11:7 13:14,21 lS:13 35:5 Another Asked
:21 23:12,15,18,24 24:3 28:2 [21] 11:10 12:1,3,10 16:6,25 17:15
5 Advising J~0441:1175:2177:6 20:2222:325:15,20-2141:2250:15
[1] 86:6 [1] 11:9 65:5 72:3,11 73:22-23 75:7 79:18
,5000 After Answer
Asking
[5] 13:16 22:12 49:16 56:7 79:10 [1] 4:11 [5] 31:12-13.15 35:13 61:14 Charge s
Assume Being But
[2] 31:17 35:19
[1] 68:5 [8] 5:2 2~ 15 26:12 27:1 41:13 [30] 6:2 7:4 8:1 16:24 1 20:22 Check
AS terisk 45:13 84:10 24:24 26:23 27:25 33:10,21 34:14 40:
[4] 64:4 78:22 80:12 Belief 14 41:19 48:4 50:4 52:10 53:25 54:2 [4] 36:1 60:7-8,25
7,14 62:7 67:5 71:13 75:22.25 76:9 Checks
At [1] 53:20 77:25 79:16 82:11
[1] 60:12
[73] 4:5 6:6 7:21 10:4-5.7-8.13,16, Believe Button Cheeks
21 11:6.11.18 12:3,9 13:3.14 14:22- [17] 5:7.15-16,19.21 6:25 7:7.14 17: [5] 60:11 66:19 67:23 70:24 75:22
20:13,21 21:2 23:17 24:7,10 25:16 Below By Chemical
27:14 31:1,10 33:2,22 34:2-3,16 36: [88] 6:10,13,16 9:4,11,13,24 11:3,
1 53:9 58:3 61:20 64:25 66:19 67:23 B ene f i t 19:9 20:1.12 21:7 22:22 23:6 24:4
69:21 71:6 75:7.14 78:17 80:13,18 [1] 41:8 25:14 26:10,21 29:18,23 t0:10.16 32: Chevromet
82:21 84:4,6,12 85:14 86:6,9.13 87:
2 86:1 Beside ;~:i~:i~:~ 34:8-8 35:7 37:23 38:16 [1] 10:8
44:8 45:20 46:18 48:12
Attempt [1] 10:22 49:15.20 50:2,4 51:8,21,24 52:22 54: Chief
[5] 5:20 12:19 21:10 42:23 43:14 B S twe en 18 55:20 57:8,12.21 59:18 60:22 61: [1] 86:12
17 62:11.25 63:21.25 65:3 66:10 68: Cmo 0 s ·
At tempted [81 28:17 33:14,21 36:16 39:8 73:19 2 71:5.9 72:10,21 74:5,17 76:11.21,
[1] 24:20 B eve rage 25 77:19 79:8.20 80:6.11.16 81:10 [1] 36:20
Attempting [1] 11:21 82:7 88:18.23 87:18 Circle
[2] 23:11 52:17 Beyond [11 14:12
Attempts [3] 28:12 84:9.11 C City
[2] 33:14
[2] 26:16 52:20 Birth Calibrated Civil
At torney' s [1] 44:14 [1] 31:24
[3] 4:6 16:1,21
[5] 29:22.24 47:6 62:10 64:1 Bit Calibration Class
Attribute (1] 30:7 [1[ 73:4
[1] 46:22
[1] 59:12 Black Call Classes
Audio [1] 10:7 [2] 20:16 45:5
[1] 30:16
[3] 32:23 33:1.5 Blank Called Cleared
Authenticate [8] 44:24 45:2 60:6-8 61:3 73:5 81: [2] 4:22 15:7
[1] 33:7 14 Calls [2] 73:2-3
Automatically Blew [2] 4:19 29:11 Clearing
[1] 42:24 [2] 22:7,23 Cams [1] 10:10
Clearly
Available Block [61 31:9 40:23 41:21 53:18 60:12,20 [1] 7:24
[1[ 85:11 [1] 10:8 Can Client
Avenue Bloodshot [30] 14:1 19:25 27:16 33:10.18-20
[2] 10:14 19:2 [11 11:22 46:16 48:14.17.20 49:19.22 50:2 58: [28] 5:5,7,20 6:5.7 7:20 20:14 21:3.
Avoid Blow 12,17 63:2 66:8,24 67:8 68:15 70:1 8 22:23 23:11,23 24:1,4,20 25:1,6,9,
72:22 76:5,7-8 81:19 85:1,3,7 16 27:15,24 58:11 61:21 62:15 65:16
[1] 66:5 [13] 23:11 37:12 38:22 39:11-12 40: 69:3,13
Away 4,14 41:13,25 56:7 60:13 65:7 69:20 Can't Client's
[2] 41:12 71:23 Blowing [6] 28:4,6 45:7 52:8 78:1 [2] 24:8 66:17
[281 27:16 28:1 37:13-15 35:20 39: Cancel Close
15 41:7 42:1-2 48:15 50:2,4 51:19- [2[ 67:15 75:9 [5] 10:18 11:5 17:10 25:20 48:3
m 20.24 62:1.3,5.13 53:4 58:3.11,14, Cancelled
21 88:2 Closed
BAC B 1own [1] 66:22 [2] 11:6 25:20
[11] 30:4 32:6-7 38:12 44:3,9,12 48: Cannot
2 51:7 80:8,11 [4] 48:24 61:10 63:11 64:10 C 10 s e r
Back Blows [1] 85:5 [1] 3O:7
[6] 13:14 14:2 18:12 33:23 36:16 50: [1} 68:17 Capacity Code
[1] 33:13
[1] 15:16
17 Board Car Come
Background [2] 51:10,16 [5] 13:14 18:11,13 21:16-17
[6] 31:3 35:11 52:8 54:4 57:17 61:11
[3] 7:1.8 36:1 Boards Card Comes
!Balloon [11 51:14 [61 11:11 66:20 67:24 75:23 80:10,14
[1] 51:16
[1] 37:14 Booking Carlisle Coming
B a s e d [23] 6:6,10 14:21,23 17:9,25 18:19, [2] 62:12 86:8
[8] 26:4 53:13 59:13 61:7 68:11.20 21,25 19:17 20:4 23:10-11.17 24:7 [2] 45:15 81:12
78:10 85:5 25:23 26:2 29:11 35:14.16 36:22 44: Ca s s Co--ands
Basing 21 62:10 [24] 6:2 7:18 12:22 26:3.14 33:12,
[1] 82:12 B O rongh 24 41:19 58:25 59:6-7 64:7.11,22,25 [4] 74:14.18,21
Basis [2] 9:17 10:7 72:5,16.24 73:8.12 86:4.12 87:12,14 Co~xl~lonmy
El[ 12:23 Boroughs Case-in-chief [1] 15:22
Be [11 9:21 [1] 86:12 Commonwealth
[74] 4;21 5:16,20,25 6:2.4.6 9:13 Both Cases [2] 58:23 86:10
13:15 15:5,13.19 16:8-9.12 24:11.19. [9] 4:13 21:8 24:17 30:4.18 34:18 [1] 7:2 Commonweamth, s
21 26:1.4.8 26;3,29 27:10 29:5 33:5 44:5 48:4 Caus · [21] 5:2 8:15-16.19.21.23 14:2,9,16
34:8-9 37:17 38:4-5 39:2.11 41:4.6, B o t t om [12] 12:14 48:14.18,20 49:4 55:10 43:5,9,23 83:12.14.17.23.25 84:2.5,
14 42:15 43:5 48:22 49:10 19 50:2 67:3,13.15.21 68:10 75:9 15 86:15
24 83:7 85:8.25 88:11 89:5,17,19 72: Breath Caused Co~municates
22 75:25 76:9,13.25 79:4 82:9.17 84: [59] 6:8 11:21 13:16,22 15:17 22:8 [3] 49:20 50:2 68:2 [1] 74:17
21 85:3 87:2,12 23:7,12.24 24:11 25:7 26:7,10.12 27: Cause s Compa r e
8.16 40:3.25 41:17-18 42:4,12 43: Center Complete
[16] 5:16 7:21 13:6 17:22 41:7 46:3, ~ 53:16,23 55:6 58:15 59:9,15 60:
5 52:8 57:7,11 66:1,24 71:20 73:17 [4] 30:20 37:16 67:16 75:10
80:22 81:1 21,23 61:10,20-21 62:15 63:4,24 64: [17] 6:7 11:13 13:16 14:21,23 17:9
10 66:14 68:13 69:1 71:22 72:8 73:1 18:20-21.25 19:17 31:2 35:14,16 50: Completed
Becomes 74:16 80:4.9 84:9 18 62:1.10,13 [1] 86:4
[3] 7:22 40:7 Breathalyser Central Completes
B e en [2] 19:20 48:6 [1] 13:15 [1] 80:9
[33] 6:13 8:11-12 9:2,11 11:8 12:1 Breathing Certain Complied
14:16 18:9 20:14 29:15 29:16,23 46: [2] 53:3,18 [6] 20:14 27:19 52:5 60:5 71:13 87: [2] 8:10 14:14
6 47:5,24 48:1 51:13 52:14 53:18 55: 11
13 58:25 61:19 63:1,24 71:7 84:24 Brief Computer
86:4,12,14,16-18 [1] 79:5 Certainly [1] 44:13
Beep Bring [14] 6:5 14:3,6 15:10 33:10 34:12
36:4 43:21 48:10 50:1 65:19 76:8 85: Conceding
[2] 27:9 40:13 [4] 43:12 50:21 66:8 85:6 1.12 [2] 5:5 12:13
Beeping Brofee Certification Conclude
[3] 27;4 38:4 58:11 [118] 4:10-11.16-18,23,25 5:13.19. [1] 7:21 [1] 13:1
Beeps 25 8:12,24-25 7:8,14,25 8:5.13.15 9: Certified Conclusion
[1] 27;7 4,24 10:24 11:3 12:16,19,24 13:10
14:1.4,7.15.18 16:16 19:8-8 20:3-4, [8] 6:13,17 7:3.7,10 20:19 30:16 77: [3] 13:3,12 59:14
Beers 8,25 22:10,12 25:12,14 26:18 28:11 21 Condition
[1] 12:2 29:1-2.6-7.10.18 30:10 32:16,24 33: Chamb e r [2] 67:15 75:9
Be fore 6 34:17,19.23 35:6-7 38:16 39:19 43: [6] 48:21 49:21 50:1 57:5 66:22 67: Conduct
4,6,11,20,22 44:8 45:4,9,17,20 46: 25
[23] 9:15-16 11:12 13:19,22 16:4 17: 10,18 48:5 51:6 52:21-22 54:18 55: [1] 18:8
17 27:3 32:18 34:24 35:3 36:8.18 39: 16 58:22 65:17,21,24 66:9 67:10 71: Chambers Conducted
17 43:8 48:9 58:6 67:9,11 71:21.24 3,5 72:10.19,21 74:2.5 76:11 77:16 [1] 34:6
78:23 80:12 79:3-4,8.13.20,25 80:16 81:7 82:4-5, Chance [1] 12:4
Beginning 7,13,19,25 ~3:3,13,15 84:4 85:1o,16, Conduc~ing
[2] 71:6 84:10 19 87:1.23 [1] 41:10 [2] 10:5 68:25
Begins Brofee,s Change Confer
[1] 74:10 [3] 35:3 56:11 99:14 [1] 56:25
[1] 85:10
Behalf Brought Characterize Confused
[1] 12:6
[3[ 56:10,13 64:20 9,12,15,22,25 33:10-11 34:4-5,8,20 Describe 11,14 60:5 63:25
Consent 35:2,6 38. ,3 39:16 42:17,19 43:1
[4] 13:24 16:1,12 36:5 7,16,19,2 2,7,10 45:7,12,15.19 [3] 10:3 63:2 67:19 Door
46:8,16 48. ,10 49:9,14 51:5 82:19 Described [7] 10:17-18 11:9-6 17:10 25:20
Consider 54:12,17,23 55=18 56:5.18 57=10.14. [1] 6o:4 Doubt
{2] 34:12 82:9 19 58:23 59:4,17 60:15,19 62:19,22
64:20,25 65:2,19 66:7 67:12,21 71:3 Detail [1] 41:8
Consideration 72:4.8.17,20 73:25 74:4 76:7 77:17 [1] 10:6 Down
[2] 84:15 86:2 79:3,6,18,23 80:2 81:8,15 82:4,14, Details [5] 29:4 33:3,20 50:18 82:16
Considered 16.20,25 83:5,12,18,22,25 84:7,13,
[3[ 25:8 34:8 42:16 23 85:1,12-13,16,21,23,25 86:23 87: [2] 12:23,25 Drink
1,7,18,21,25 Detect [1[ 71:24
Consistent Courthouse [1] 51:23 Drinking
[2] 68:6 80:25
[1~ 96:7 Detected [1] 12:1
Console Courtroom [3] 11:20 57:8,12 Driver
[2] 11:13.15
[3] 4:2 10:21 86:7 Determine [1] 11:4
Constitute Courts [2[ 58:4-5 Driver,s
[1] 30:17 [1] 33:12 Device [2] 11:10 12:2
Constituted Cover [3] 23:7.12 84:10 Driving
[2] 6:9 24:8
[1] 9:21 Diagnostic [15] 5:10 6:18,20-21,23 7:2,7,10,18
8:4,6 12:14 13:4 15:14 16:13
Constitutional Covered [2] 60:29 61:14
[1[ 15:21 [1] 78:12 Did Droplets
Consult Criminal [118] 9:20 6:5 10:10,15 11:9,18,25 [2] 49:20 57:4
[3] 33:25 85:16,19 [4] 15:22,24 16:2,13 13:1,5,11,17,20-21 14:19 15:6 16:17 DUI
Contact Cross 19 17:1,3,13,17 19:10,15,22 21:8,10, [2] 31:13 35:24
[4] 31:3,6,10 95:11 14 22:5,7,11,15 29:15,22,24 24:7,10, Duly
Contain ~] 20:11 46:11 51:3 55:19 59:13 65: 12-18,25 25:4,8,16,19 26:14 30:14,
,25 80:12 83:10 20,22 31:3,5,19 32:4,17 35:11,15,21, [2] 9:2 29:16
[2] 7:12,23 Cross-examine 25 36:3 37:19,22 39:11,13,20 40:9, During
Contained [1] 65:18 11,19,21 41:10,14,19 42:8,10-11 44: [6] 19:17 25:6 26:15 27:20 72:4
24-25 49:1-2 46:11 47:5 52:16,23,25
[1] 36:17 Cumberland 53:7-8 58:9.11 59:6 60:6 64:7.25 67: Duty
Contains [6] 19:5 29:22,24 62:10 63:25 86:7 10 69:3-5,18 70:6,10,14,18,24 71:9, [3] 9:25 10:4 15:17
[1] 66:14 Custody 12,18,24 72:1,5,12,14 73:1,9 78:9
Contending [1] 18:7 80:17 82:11,17,22 83:13,16 ~.
[2[ 9:16.20 Cut Didn't
[28] 12:18 13:23 21:12 22:4 23:23 Each
Content [1] 54:14 24:28 27:11.23,25 28:2 42:19 46:11 [1] 30:19
[3[ 33:16 34:7.13 Cute 49:23 53:24 54:12 56:25 57:10 58:9 Earlier
Contents {13 26:23 60:16 61:13 68:19 69:13,18-19 70:5,
{1] 61:22 Cycle 16,22 79:11 [3] 49:23 69:18 75:20
Continue [1:73:13 Difference Easily
[1] 85:8 [3] 29:7,17 73:19 [1[ 85:3
Continued U Different Easy
[1] 86:5 [8] 32:12 41:20 47:3 58:24 59:2 64: [2] 51:23 85:14
Continues Daniel 22 76:25 79:16 Effect
[1[ 27:15 [4] 4:19 6:17 9:1.7 Difficulty [1[ 24:23
Continuing Data [2[ 38:9.14 Effort
[1: 86:11 [1] 60:8 Direct [1: 37:14
Contradict DataMaster [3:9:3 29:17 71:23 Either
[35] 23:1,4-5,14 24:2,8,13 26:24 27: Directly [12] 17:7 28:6 32:18 36:20 55:12-13
{1] 76:5 4,24 30:4 32:6-7 38:12 44:3,10,12 [2] 67:9,11 59:1 61:11 62:18 67:15 75:9 77:10
Contrary 45:21 46:21 49:2,14 49:12 51:7 52:
[3] 91:15 62:8-9 23 53:10 55:22 96:s.15.20 57:25 58: Discussing Element
17 59:20 60:4 69:17 70:13 [1] 35:8 [1] 12:22
Controlled
.[2[ 15:15 16:14 Date Discussion Else
Cooperate [4[ 44:14 54:25 86:4,10 [4[ 17:12 36:9,10,12 [2] 16:4 87:2
[1] 25:17 Day Display Emission
Cooperated [6! 30:25 31:4,24 32:4 96:1,5 [6] 49:12 51:10,14,16 80:5 [1] 28:16
[1] 25:i6 Days Displayed Emit
[1] 30:19 [1] 74:8 [1] 52:6
Cooperating[1[ 39:3 Dealing Displaying Emitted
[1] 84:9 [1] 74:17 [1] 37:23
Cooperative Decide Displays Emitting
[4] 21:4 25:22,24 26:1
[2] 41:10,19 [1] 80:7 [1] 11:21
Copies Deemed District Emphasized
[5] 43:12,25 63:24 72:15 84:19
Copy [2] 16:9 24:11 [5] 29:22,24 47:6 62:10 64:1 [1] 34:6
[9] 6=17 lS:8 43:14 63:3 72:16 54: Deems DL-26 Employed
16,21,23 [1] 87:17 [1] 6:16 [4] 9:8,11,15 29:23
Correct Defendant Do Encompass
[43] 5:11 8:1 19:8 14:11 19:7 20:15, [4] 12:14 15:22 36:20 78:12 [79] 4:23,25 5:23 6:19 8:14,18 10: [1] 9:19
18 21:18,24 22:2,24-25 23:2,9,13 25: Defendant's 10.20 11:9,25 13:5,11 14:19,25 15: Encounter
10 27:13 30:18 51:9 54:8 57:24 59: [1] 44:14 24 16:5 18:14 19:13 20:1,22 21:9,12 [6] 5:14,22 15:2 25:18 32:18 35:8
22 62:17 64:16,18 65:1 68:8,12 69: 24:12-13,22 29:5 81:14 32:22,24 33: Encountering
12 71:15 74:2,7,9-10,14,21,24 75:6 Defendants 10,18 35:2,19,22 36:8,14 37:7 38:22
76:9,22-23 77:7 78:20 [1] 31:11 39:15 43:14 45:12 46:8 48:13,17,22, [1] 35:15
25 49:9.16.19 80:6.8 52:2.11 54:9 Encouraged
Correctly Defense 55:1o,12,15 57:9 58:8-9.13.16 59:19
[4] 17:11 27:6 54:6 80:17 [2] 10:23 41:12 [1] 58:14
60:7 62:17 75:17 76:6 77:12,15 80:
Could Defer 24 81:16 82:8,24-25 83:5,22 84:16 Encouraging
[19] 11:16 17:12 24:11 29:19 30:6 [1] 84:14 85:1,11 [1] 40:4
36:2 45:4 57:4,6-7.11.23 58:5 65:17 Deficient Document End
69;19 78:3 79:4,12 85:10
[9] 11:24 14:9 43:5,24 50:11 63:5 [7] 24:18 37:10,12 39:14 51:17 73:
28:8 54:4.8 55:22 56:6,15,22 65:18 67:8
[4] 16:20 28:5 58:5 62:7 2 68:9 71:8 73:5 78:9-10,18-19,24 Documents Enough
Counsel 79:10 80:5,14,20 81:4 83:8 [2] 6:13-14 [19] 27:22 37:25 38:3,20 40:5,24 42:
{141 4:7.13 10:23 14:16 33:20 34:6, Definition Does 22 53:15.24 54:1.9.7 55:5-6 56:23
9,14,18 84:16 85:5 86:21 87:9,11 [4] 66:11 73:23 74:20 75:20 [37] 7:12,23 9:15 38:25 39:4 45:21, 59:9,15 85:8
Count Degree 24 46:2 53:10.14 54:11.14.19 55:3 Enter
[1] 69:4 [1] 5:9 56:16,23 60:23 61:2,5 63:5.10 64:3 [2] 44:13 85:21
65:6 66:12,18 67:2-3 71:10 73:15 75: Entered
County Degrees 11.22 76:12.14,16.24 83:7 85:7
[6] 19:6 29:22,24 62:10 64:1 86:7 [I] 58:24 Doesn't [1] 85:24
Couple Delayed [12] 45:11 56:7.15,22-24 57:2 59:11 Entering
[4] 12:10 15:4 48:9 57:22 [1] 8:2 61:4,7,9 85:8 [1] 48:21
Course Demonstrated Doing Entire
[2] 7:9 47:8 [1] 85:4 [1] 31:9 [1] 5:14
Courses Demonstration Don, t Envelope
[3] 30:11,21 62:6 [1] 85:13 [56] 6:8,22 7:14 8:8 12:22 16:23 17: [2] 11:14,16
Court Department 7 18:20 19:1.25 23:25 24:5,16-17,23 Equally
25:2-3 27:18 28:20,22-23 33:13,21, [1] 25:22
[172] 4:4,7,10,13,17,23 5:1,9,12,17, [9] 4:9,12,18 6:13 9:10,12,19 29:10 24 39:21-22 40:6 41:17 42:22 45:5-6,
24 6:1,11,24 7:4,12,15 8:3,8,11,14, 86:11 9-10 46:6 53:25 54:2,14 55:23 58:19 Equipment
18,21 9:18,23 11:2 12:12,21 13:6,9
14:3,6 15:4,10 16:15 17:23 18:2,6, Department,s 60:1 63:18 72:23 75:13 76:4,7,9 78: [2] 32:13 56:12
10,14,17,24 19:3,5,9 20:3,7,10 21:6 [1] 6:16 6,12,16 80:21 84:13-14 85:13 Equivocation
22:11.17.21 23:3.s 25:12 26:19 28: Depending Done {1] 17:4
13,19,21 29:1,4,9,12 30:6,9 32:3,7, [1] 61:12 [9] 8:11 15:1 18:10 24:14 43:13 47: Error
[2] 7:24 68:11
Esquire F Front 2114:115:8,11,2116:3,517:8,12,
[2] 51:11 72:16 17 18:9,20 19:1 20:8 22:7 25:5,11,
19 26:4,6,8,18 27:19 28:25 29:2,12,
[1] 4:8 Fact Functioning 2330:132:4,17,2233:3,12-13,15,20
E s t ab1 i s h [5] 5:2026:455:2456:2581:25 [3] 32:140:1744:23 34:14-15,2535:2 38:240:6-741:17-
[1] 59:7 Fails Further 19 42:3 45:12 46:10.19 47:2,8,10-11,
15,20-21,24-25 50:6 51:1-2,13,25 52
E t C [1] 80:4 [9] 20:8 26:18 29:2 55:16 77:16 81: 12,14 53:17 55:13,16,22,24-25 62:14-
[1] 28:16 Fai r 7 82:13,15 86:13 15 63:24 65:9,13,15 66:17 67:7 66:
Even [3] 33:7 56:13 77:5 16 71:2,7 72:15 77:16,25 79:2 81:7,
[3] 61:1063:1664:9 Familiar a 21.2592:3,13,15,20-2183:1.6,2284:
20-21,2486:1787:5,14
Event [9] 19:19,2526:9,2228:7,1759:9 Gave Having
[1] 80:3 61:19,21
[5] 17:722:925:2138:641:7 [12] 5:177:4,179:217:2021:2229:
Events Far George 1633:1841:1245:5,986:4
[1] 5:15 [3] 10:22 28:23 82:29 [5] 20:4 29:11,15,21 48:5 He
Eventually Fault Get [139] 5:227:2111:6.8,11,13-15,20,
[2] 38:23 [1] 60:19 22 12:1-2,7-8,10-11,13 13:4.6,17-18
ib i i i ty 12:18,2222:1829:1231:1636: 21-2216:19,22,2417:1,4,7,12-13,15
Ever Fca, ~6~7:1740:5'2541:1642:19'2253: 17,1918:7,1219:13,2520:121:10,
[2] 78:8 82:1 [2] 85:17,20 24 59:9,11.15,20 61:13 66:23 73:1 12.14,16,22,25 22:4-5,7,9,12 23:18
Everything February 75:1278:3,5,1980:2181:17 22-2524:1,3,10,12-13,20-2125:4-5,
[1] 44:25 [2] 4:1 66:1 G e t s 7,16,19-22,24 26:1,4 28:17 29:7 38:
Evidence Feel [5] 49:2554:280:18-1981:1 1836:5-6,8,11,14,1637:2,438:19-
20 39:10-12,16-17,20 41:5-7 42:8,10,
[4] 6:8.19 65:25 66:7 Ge t t ing 12 45:11 52:13 54:12 56:25 59:8.11-
[14] 6:1 8:24 16:13 34:12.24 53:9
66:2067:2475:2380: 10, 1483:2184: Feels ~1~ 33:235:2538:9. 14,2039:2540 1266:1,469:4-5, 16-17, 19-2071:7
:12 53:5 54:6 76:5,7-6 78:12,I4 79:11
3,16 [1] 87:13
Exact Feet Give He's
[21] 19:22 21:12 23:15 24:10 27:7. [11] 10:22 19:24 28:15-16 46:6.17
[4] 18:20 24:24 25:2 62:8 [1] 12:9 19 38:15 41:10.17.19-20 49:6-7 53:5. 65:18.25 76:3.8 85:11
Exactly Field 2554:156:2357:1756:1478:23 Hear
[1] 78:1 [9] 12:5,25 17:7 18:3 20:16,2022:4 Given [16] 24:25 26:14 27:9,11,16,23,25
Examination 31:19 [8] 6:10 26:12 27:2.10 30:11.16 80: 40:9.11 42:1 45:7 52:14.16.24 53:7
Fifteen 8 84:11 60:16
[15] 9:3 20:11 25:13 26:20 29:17 48:
1151:458:1959:1371:477:1879:7 [1] 38:5 Gives Heard
81:982:683:10 F i i e [2] 91:854:25 [3] 40:1556:1982:1
Examine [3] 86:22 87:11,15 Giving Hearing
[1] 65:18 Filing [2~ 26:527:22 [9] 4:55:187:527:4-543:1350:22
Example [1] 31:18 Glassy 86:3,6
[3] 7:1948:1760:25 Filling [1] 11:22 Held
Examples [2] 35:23-24 GO [2] 58:2366:3
[1] 46:24 Finally [16] 8:14 7:5 15:11 17:9 18:13 27: Here
Except [1] 11:12 17 31:14 36:19 46:22.24 65:14 71:23. [11] 4:11 6:22 15:8 19:5 20:5 33:18
25 73:15 79:18 87:5 48:2 50:11 67:7 81:12 64:20
[1127:12 Finish Goes Hesitate
EXC e S S [2] 54:12 60:15
[3] 42:22 83:24 80:1 [1] 21:12
[1] 47:14 First Going High
[34] 7:20 17:6 23:7 26:15 27:12 28:
Exclusive 6 32:6 35:11 38:9,17-18,24 39;6,12, [29] 6:4-5 10:16 12:25 14:15 17:9, [2] 57:17 80:6
[1] 77:13 14,1642:3,17,2345:3,22-2348:264: 2127:1533:538:1-2,22-2340:2-3 H ighe s t
Exclusively 11,1370:1872:1373:1,10,14,2376: 42:1546:451:2282:853:2355:658:
18 77:25 87:5 12-13 61:18 63:22 69:4,16 [10] 63:8,13 64:5 73:6 78:25 80:8,
[1] 78:6 11,14 81:3 83:9
Excused Five Gonna
[1] 80:7 [1] 24:19 Highly
[4] 29:845:13,1682:17 Flash Got [1] 7:19
Exer ted [1] 74:18 [13] 13:23 21:2 35:17 38:21.23 39: Him
13 40:4 43:1 50:19 56:14 62:1 64:15 [101] 5:9.22 10:18-19 11:7.9-10 12:
[2] 88:20 59:24 Flashlight Gray 1,3,10 13:13-16,20-21 14:13,20-21
Exhibit [1] 11:15 15:12 16:18,20-21,24-25 17:3,6.8,16
[36] 8:7.9.12.15-16.19.22-23 14:2.9. Fluctuating [1] 10:23 18:15.21 20:22 21:9.15-17.19.22 22:
16 33:22 34:10 35:4 43:5.9.12.23 61: Great 3.6 23:15 24:6.10.22 25:4.18.20 28:
15.20 63:2.19.23 64:21 72:18 74:1.6 [1] 51:19 [1] 38:14 i 29:5.13 31:10 35:12-13.15-16 36:1.
7.9.11.13.19.22 38:6.9.18.
79:23,25 83:14,23 84:1-2,6,15 87:12 FOCUS Grounds ~ ~:~$ 41:8,10,19-20,22 42:15 43:
Exhibits [1] 36:2
[13] 82:23 83:1,12,16-17,19-2084: FO 11OW [2] 5:783:4 1545:6,1046:11,13-14,1648:851:3
21,24 86:14-15,17 [2] 68:2575:13 Guide i ine s 58:12,1460:1566:169:16,1878:6
79:14-15 82:17
Exit Followed [1145:2 Himself
[1] 10:18 [1] 25:25 [1] 17:1
Exited Following a
His
[1] 10:16 [8] 15:13 39:3 67:16.18 74:18 75:11 Had [32] 4:7 5:20 8:1.4 10:17 11:10-12.
Exp e c t 89:23 86:3 [30] 5:6.22 10:7 11:8.22 12:1-2.13 21 12:4.8-9 13:1 17:16 25:16.21 28:
il[ 33:22 Follows 16:22 20:14 32:12 36:4 37:9 38:8.14. 15 34:15 35:17 41:4.12 46:9.12 59:8-
Expected [2] 9:2 29:16 19 41:6 46:17,19 47:9,21 56:9 64;11 9,13-14 60:15 77:24-25
65:9 75:15 84:19 86:12.14.16-17 History
[1[ 32:25 For Hadn't [7] 6:18,20-21,23 7:2,7,10
[96] 4:4 7:1,8,19 8:17 9:6,18 10:19
Expects 11:10 [1] 68:16 Hold
12:14,23 14:2 15:11,14,20 16:
[1] 74:19 9,13 17:1 18:25 19:14 20:8 22:4 25: Hai r [1] 54:2
Expedite 2126:527:9,12,1728:1-229:2,20 [17] 4:196:179:1,5,7-810:20,25 Holly
30:12,17 31:13 32:3,10 33:2,4 35:25 20:13 31:12 35:13,18 36:4,17 45:5,10
[3] 5:5 12:19 79:12 36:3.11 36:2,5 39:11 40:14,25 41:4 [1] 9:16
Experience 42:5,13 43:10,15 45:4,15,17 47:6 48: Hair's Honestly
[4] 53:13 68:20 77:8 82:12 16-17 50:15 53:10,16,25 54:3,7,23 [3] 5:14,22 45:13
55:7,1657:4 88:659:2160:6,12,21, Ha I f [1] 25:3
Experiment 24-25 61:16.25 62:19 63:3.20 65:13 Honor
[2] 85:4.6 71:21-22 72:12.24 73:1 74:15 75:20 [1] 86:5 [47] 4:15-16.18 5:4.13 6:12.19 7:1.
Exper t 77:3 80:6 84:5 85:1,10 86:6 87:10,18 Hal f- day 6,8,11,14,16,22,258:5,2012:1714:
[5] 46:5-6,11,15 48:6 FO rce d [1] 86:5 i 17:21 19:24 20:25 22:10,15 28:11
Expert i s e [3] 40:2549:2053:16 Hand 29:1051:252:2134:19'2358:2243:4'659:565:17,2448:1446:4,1074:3
[2] 46:9 53:13 FO rce s [1] 12:9 76:2 79:5 82:24 83:7 84:19 87:23-24
Explain [1182:7 Handcuffed Hour
]5] 23:23 44:10 54:23 72:22 81:19 FO TC lng [2] 21:19.25 [1] 10;9
Explained [115o:4 Handing How
[11] 17:16 22:6 23:18 24:1.4.6 37:8- FO rg e t [2] 11:12 43:23 [26] 8:14 9:11 12:6 16:17 20:22 26:
6.9.11 39:9 [1] 4:8 aapp en 24 28:22-23 29:23 31:14 34:1 35:11
Exp 1 aining Porm [2] 42:11 57:23 36:25 39:25 39:4 41:24 47:5,ii 56:
12 58:19 59:12.19 62:16 67:6 78:19
[1] 19:13 [25] 6:16 13:2514:9,13,19-20,25 16: Happened However
18,25 17:1-3,8 20:2 22:15-16,20 24: [12] 11:4 19:11 21:2 37:2 38:6 39:6,
Explanation 636:6,9,18,2237:3-4 76:3 2340:2241:2,2259:6 82:1 [3] 20:546:1168:21
[2] 56:1B 60:4 Forth Happens Hummel
Extended [21 33:23 36:16 [3] 27:3 75:19 76:14 [2] 10:14 19:2
[2] 28:1-2 Fresh Hard
Extent [1[ 71:24 [12] 21:13 38:20 49:15 50:3-4 51:20, I
[2] 34:7 87:13 F rom 24 52:3,5,13 53:3,18
I
External [32] 8:9 11:21,24 12:4,713:122:12 Has [304] 4:8,255:13,15-16,19,216:12,
[2] 45:1 60:5 27:8 31:12,16 33:14 35:18 38:9 40: [12] 7:18 8:11-12 14:16 34:5-6 38:4 22,25 7:6,14 8:6,11 10:2,5,7,11,16,
11,20 43:1 44:1,3,9,14 59:13 65:15 44:12 49:8 58:23 67:2 87:9
Eyes 66:1,20 67:24 72:16 73:12 80:9 81:2 18,24 11:7,10,16-17,20-21 12:1,3-4,
[1] 11:22 86:22 Have 10.12.17-19.22 13:13-14.21.23 14:1.
[113t 4:23 6:12-13 8:9118 9:11 13: 8.20.25 15:4.8.12.16 16:23.25 17:6-
8,11.14.22 18:2.14,20-21 19:1-2,17. [7] 17:7 27:21 44:22 52:2,4 73:9 87 14.16 44:2-3,15,22 48:21 49:24 51:8, Known
21,25 20:1,5,8.21.25 21:3 22:10,14- 4 10,13.16,18-20,24 52:5 F 17,20
15.24 23:25 24:5,16-17,23 25:2-3,11. I n flu e. · 54:7-8 55:21 56:8-9,13.~ :23 58: [1] 15:22
19-21.24 26:3,8,18 27:6,8,18 28:4-6 16,20 59:1,19,21 62:5.9,~ 17.19,21 Knows
11.20.22-23.25 29:2.7 30:18,22.24 [5] 5:8 12:15 13:7 15:14 16:14 63:2,6,11,25 64:10,17.21-22 65:1,10 [1] 59:8
31:1.5 32:25 33:6,8.21 34:12,23-24 I nf 0 rm 66:1,4 67:18 68:2-3,6.12,16 71:14
35:24 36:10.18 37:5.9,11,13-15,17 [1] 15:18 73:14,19 74:2,7,21,23 75:1,4,11-12, L
38:8,14,19,21-23 39:9,13,15,22 40:3, 18-19,21 76:13-14,22 77:5,13.20,25
15,21 41:3,6-7,17-19,24 42:1-2,15 Info rmat ion 79:28 80:12 81:13 84:1,6,12,14 86:6
43:4.11,13,20,23 45:4-7.9-10,17 46: [8] 7:1,8,23 31:16 35:18,21 44:13 9,18,21 87:1,9,14,21,25 L
5,10-11,13 47:10,13,20.24-25 48:2.5 46:14 [3] 4:19 9:1,7
8-9 50:8,17-18 51:2 52:4,20,25 53:8 I sn! t
54:5,14 55:11,16,23,25 56:3,9.14 57: Informed [7] 7:21 27:14 50:15 61:24 68:19 69: Last
10 58:6,14,22 59:1,13 60:1,10,16 62 [1] 42:15 8 84:14 [4] 9:6 29:20 55:21 82:5
1,7,22 63:18 65:13.17,24-25 66:4,16 Ingest Issue Lasted
25 67:7 68:5,19-20 69:10.19.22 70:5
71:2,12 72:4,14 73:6 74:2,6.10,14 [1] 72:5 [1] 59:7 [1] 72:12
75:13.20 76:2.4.7-9 77:15-16.25 78: Initial Issues Later
1.3.6.12,16.20.25 79:2.4.11-12,15- [2] 38:24 86:3 [3] 6:2,4,6 [5] 17:19-20 24:14 48:3 66:3
16.18 80:17.24 81:7.11.21 82:3.10- Initially It Law
11,13.15,21,24 83:3,9,17-18 84:8,11-
14,18-20 85:6,10.13,16.19 [2] 17:3,15 [283] 4:10 5:25 6:21,25 7:12,18,23 [2] 16:1,12
I'd Initiated 8:14 9:13 11:13 12:23 13:3 14:16 15: Lawyer
5,17 16:21,25 17:19 18:3,8,20-21 19:
[12] 13:19,22 15:23 16:3,20 17:13-
[3) 25:19 51:1 84:5 [1] 10:11 25 21:15 22:6 23:11 24:1,11,16,21 14,16-17 21:23 22:4,7
I'll Inserted 27:14 28:2.5 29:7 31:8 33:7.14.19.
[6] 20:5 33:25 34:25 76:9 79:4,16 [1] 60:11 22 34:8,22 35:1,4,17,19 36:12-13,18, L · ading
20-21,25 37:15,25 38:1,4-5,12,20-21 [1] 17:22
I'm Instances 25 39:2,4,11 40:1,5.7,14,18,23,25 Leads
[40] 4:8,11 5:17 6:1 7:4 14:18 17: [1[ 57:2 41:7 42:12-14,17,23-24 43:8,12,15
21 19:2 20:2 26:23 30:13 32:5,21 33: Ins t e ad 44:12,18,24 45:1-2,24 46:2 48:15,22, [1[ 65:4
1,11 45:7 46:4 48:24 49:16 53:15 56: 25 49:4,7,19.22 50:1.5,25 51:10,13, L e a s t
2,7 57:10 58:25 59:5,7 60:18 61:18 [1] 85:13 18-19 52:7-8.12 53:2,4-5,10,16-18, [3] 34:16 64:25 85:14
62:23 63:1~22 64:20 75:21 77:22 80: Ins t i tut a 21,24-25 54:1-3,9-10,13-14,16,19-20,
1 82:12 83:18 85:18 [1] 30:17 25 55:1,5,7-8,10-11 56:7,9,16,19,21- Leave
24 57:1-4,6-7,9,11,16-17,19 58:3.11, [1] 33:22
I've Instructed 21 59:11 60:12,16-17,20-21,23 61:2, Left
[4] 30:3 47:13 61:23 68:13 [1] 68:24 4-5,10-11,13,23 62:3,18,21 63:10-11,
Idea Instruction 15-16 64:7,10,12,25 65:7 66:12,18 [2] 12:9 18:8
67:1-7,12,21 68:3,16-17,19 69:4,8, Lemoyne
[1] 81:21 [1] 47:2 19-20 71:1,12 72:25 73:2,4-5,9-10, [2] 9:22 10:7
Identification Instructions 12-13,15.17-18 74:13,15 75:18,22.25
[4] 8:17 43:10 61:16 63:20 [6] 6:9 25:25 37:8 38:7 39:4 41:24 76:8,14,16 77:5,10-11,14 78:17.22- Lengths
24 79:1 80:1,17-19.21-22 81:1-4,13, [1] 28:4
Identified Instructor 18,20 82:12 83:7 84:14 85:3,7 86:9, Lengthy
[3] 11:7 12:3 86:18 [6] 77:20,23 78:2,4,8 81:22 13 87:9
[1] 36:10
Identify Instrument It's Let
[1] 43:24 [38] 30:19 37:5,10,25 38:1,10 39:9, [27] 7:19,24 9:7 19:2 24:19 26:24
I f 12 40:1,3,5.13,23,25 41:13,20 42:13 27:2,6-7,9 33:2 37:13 38:3,23 40:14 [5] 4:6 5:1 34:4 43:7 60:15
[69] 8:5 11:17 12:1,10,12 15:4,8,11, 48:1 51:11 53:5.16,24 54:3 55:1,6 48:22.24 51:23 52:8 54:6,8 59:1 60: Let ' s
18 17:7,11 19:24 24:1,10,16 25:2 27: 60:10 63:4 66:22 67:15 69:21 70:3 19 62:7 63:3 77:24 [1] 65:14
6 29:7,13 30:18 33:5 34:11 38:2-4, 71:12 73:2 74:17,19 75:9 80:7,10 Item Let ter
22 39:3,20 40:6 42:21-22 43:12 45:4. Instrument, s [2] 5:4 8:12 [1[ 5o:20
11 48:21-24 49:25 51:20 52:5,7,13 [3] 66:21 67:25 75:24 Items License
53:2,4,24 54:1-2,5 56:6,23 59:11 61:
10 63:10,16 66:7 67:8 68:17 71:23 Instruments [1I 25:21 [6] 4:5 11:10,12 12:2 44:14 86:2
73:18 79:4 80:21 81:1 84:4 85:5,11 [7] 30:5,18 46:23 48:4 56:9,14 69:22 Its Lime
Immediately Insufficient [4] 34:6 35:1 60:12 86:11 [14] 13:18 33:6,9 36:18 39:11-12 42:
[4] 17:4,13 25:17 36:14 [2] 53:22 56:6 I tsel f 3 47:1 48:8 52:1 84:5,18-19,21
Impact Intermittently [5] 33:9 51:8 73:3,15 78:17 Line
[1] 71:10 [1] 80:6 [1] 76:18
Implied Internal J List
[4] 13:24 16:1.12 36:5 [3] 44:25 60:5,12 j [5] 74:7,10,20 77:12-13
Important Internally [2] 86:24 87:19 Literally
[2] 33:1 83:10 [1] 52:9 Job [1] 25:1
Impossible Interpret [4] 29:2o 30:12 31:10 41:16 Little
[1] 33:2 [1] 47:9 John [3[ 30:7 47:24 64:20
Improperly Interpreting [1[ 4:7 Located
[3] 48:22-23.25 [2] 46:17.20 Jr [1] 10:13
In Interrupt [2] 86:24 87:19 Location
[137] 4:7 5:20 6:2 7:24 8:3 9:14 10: [3] 45:4 55:9.11 Judge s [3] 31:18 35:19 44:19
6,9,21 12:4 13:13 14:9 15:6 16:13, Interruption Locker
17 17:6 18:3,10,12 19:3.5 21:15,17 [2] 33:12,23
22:23 24:5 26:3,14 28:1,4,8,14 30: [1] 45:18 JUly [1] 35:17
11 31:12-13,15,17,19 33:4,16 34:5-6, Intersection [1] 6:15 Logged
12 35:17,24 36:6,17 37:7,12 38:1-2, [1] 10:13 [1] 35:16
5,22 39:8,10,12 40:5 41:19 42:1,22 June
44:2,13,16 45:16 46:6.17,24-25 47:2, Into [5] 9:14.25 30:23 35:9 86:6 Long
8.13-14 48:2,6 53:4.13 54:1.6,19 55: [52] 6:23 8:24 10:12 12:18,23,25 15: [10] 9:11 29:23 36:11,19,25 38:25
6.24 56:18 57:1,4 58:4,7 59:7-8,19 5 16:12 18:7 21:2 22:7.18 23:11 31: JUS t 39:4 53:25 54:2 85:8
60:3.11 61:8,13 62:9,12 63:5,11 64: 3,9 33:9 34:24 35:11,13,16 38:20 40: [33] 9:18 11:15 15:4 21:3 22:19 24: Long · r
7,11,25 65:10 66:8 68:6.11,15,17.20- 3,14,25 41:13 42:13 48:15,21,24 49: 17 28:14,17 30:7 38:4 39:11-12 42:2,
21.25 71:25 72:5,15,24 73:8,12 75: 21,25 50:5 51:19-20 52:7 53:5,16,23, 5 45:7 51:24 54:1,25 56:5,19 57:22 [3] 28:5 45:6,11
10 76:5 77:3,8-9 78:18 80:3,23 81:2, 25 55:6 56:7 58:3,11,21 61:10 63:11 61:24 71:1 72:4 79:4,10 80:24-25 82: Look
12,19.25 84:16 85:7,13 86:7,12 87:12 64:10 65:7 81:17 83:21 84:3 1 85:7 87:4 [6] 11:17 46:25 51:1 52:1 75:7 78:17
Inadequate Intoxicating
[1] 68:17 [1] 11:21 K Looked
[2] 11:11 58:3
Inadequately Intoxilyzer Keep Looking
[3] 66:21 67:25 75:24 [43] 24:14,17,20 28:8 30:3 32:5,11 [16] 27:15-16 37:14-15 38:2,19,21 [4] 53:9 59:21 60:21 75:14
41:9 42:7 43:2 44:4 47:16,23 48:1 41:25 42:1 45:6,10 58:12-14
Incapable 53;2 54:23 55:28 Lot
60:2.6,24 61:3,7,9
[2] 5:10 13:4 62:20 63:4,12,25 64:4,9,23 66:12 68: K ep t [4] 10:12 35:24 36:12,16
Incident 7,10 70:4,24 72:24 73:15 74:16 78:9 [2] 40:3 58:12 Loud
[2} 44:19,21 81:13 84:20 85:2.6 Keyboard [1) 67:11
Include Introduced [2] 44:12-13 LOW
[3] 6:14 7:2,9 [4] 16:12 86:15-16 87:12 K i C k [1] 80:6
Including Invalid [1) 73:18 Low-high
{2) 15:23 76:18 [66] 28:9 40:7,24 42:14,24 46:1-2 Kicked
48:14,18,20 49:7,9,11.13 52:8 53:12, [1] 80:6
I nc 0 r r e c t 19,21 54:7,21 55:1,3,8 56:24 57:1, [1} 42:14 L owe r
[2] 67:14 75:8 14,18 59:12,16 61:12 65:5,11,23 66: Kilrain [13 19:4
Indicate 11,13,16.24 67:3.7,12,20,22 68:1,10, [1] 59:1
18 71:11.14 75:12.18.21 76:1.13.15. Kind M
[21] 4:6 5:2 34:4 45:21,24 46:2 48: 20 77:3,6.10,14 78:3,5,9-10 80:19,
9 53:10.14.21 55:13 61:4 63:6,10 64: 22 81:16 [4] 27:4-5 33:15 40:25
3 67:2 69:4 74:19 75:22 76:24 77:2 Mac hin e
Indicated Involving Know [26] 19:20 24:3 37:8,23 40:12,16 41:
[1] 6:6 [35] 19:25 23:25 24:23 27:18 28:22- 2,6,11,15,23 42:5.9 44:23 49:10 51:
[11} 10:25 12:11,18 41:3 49:8 60:13, 23 39:13 40:1,4.14 41:3 46:6 48:13, 8,21 52:6,11 62:23 66:12 71:19 77:6,
16 62:2 69:3,20 79:22 I s 17,19 49:1,16,19 51:25 54:15 56:3 9 81:17 85:3
Indic at es [155[ 4:4,7,11,21 5:11 7:16 8:1,3-4. 58:16,19 59:11,19 76:7,9 78:12 84:
22 19:12 12:13,15 14:9,11 15:12,17 13-14 85:13 Machines
[4] 66:23 75:17 76:4 80:11 16:1 17:23-24 18:4,24 19:3 20:5,16 Knowing [12] 26:5,10 30:2,15 31:20,23 32:3
I ndi c a t ing 21:23,25 22:8 23:19 24:3 25:9 26:12 46:13 48:6 55:13 56:12 71:8
[2] 40:2,13 27:1,14 28:12,19 30:18 31:17 33:11, [1] 27:8 Made
17,19 34:8,14,17,20,22,24 35:4 36:1 Knowm edge [7] 15:2 31:6 33:4,20 60:3 84:17,21
Indication 38:1,4.18 39:3,8 41:16 42:21 43:12-
[4] 19:23 27:22 40:16 78:14 Mailed
[1] 6:15 [1] 71:9 71:1 72!2,7,9,14 73:17 75!20 76:16 4,7,14 14:13 15:2,4,6,14-15,17,20
Make Mi s t ak 77:15-16,22 78:7,16 79:2r .18 81: 16:14,23 17:12 18:4,12,25 19:13~i5,
[13] 37:11.16,25 38:1 41:25 42:4 43: [2] 71:7,9 7,21 82:2.11,13 83:24 84 ~:7,17 19 20:2,13 21:1.8 22:15 26:7,16 27
14 52:9 54:3 58:7 67:10 71:9 81:11 Mixed ~0 i S e s 4-5.19,21-22,24 28:1-2,12,23 31:6,
18 32:13,22-23,25 33:1,5,8,11-12.15-
Malfunctioning [1] 56:14 [1] 40:11 16,20-21 34:7,9-11,16 35:19,24 36:
[1] 55:14 Mo de Non e 12,16 37:8,10,12.16 38:24 39:14.25
Manage [3] 67:16 75:10 80:10 [4] 35:5 70:10,15 81:25 40:25 41:8,12,17 42:3 43:12,14.25
44:1,14-16,20 46:20 47:8.13-14.21.
[2] 40:19 42:8 Moment Nonj ury 25 48:9 49:4,24 50:24 51:11-12.17
Manc k e [4] 8:9 14:2 45:5 85:10 [1] 82:21 52:4,10 54:2,15 55:1,12 56:18 57:22
[110] 4:8.15,20 5:4,11,16,19 6:3-4. Months NO r 58:10.24 59:2.23-24 60:16 61:11,22
19 7:11,15-16 8:5,18,20 12:15,17 17: [2] 16:5 20:1 62:1 63:3,24 64:12 65:11 66:2-3,11,
24 67:16 68:25 70:10 71:6 72:16 73:
21 19:24 20:10.12 21:2,7 22:11,14, [1] 9:16 NO rma I 8 74:6-7 75:2,4,8.10 76:3 77:10,13
19.22 23:4.6 25:11,15 26:19,21 28: Mo rning 79:9 80:13 81:17,25 82:10,21,23 83:
13-14.25 33:25 34:15,20,22 35:2,5 [4] 71:20 73:10,18,16
43:13,16.18 45:12,14 46:4 48:7-8,12 [1] 82:21 1,4,10.14.23 84:5.15-17.19,21-23 85:
49:12,15 51:2.12 55:18,20 56:4 57: Most Normally 13.17,20.23.25 86:1-3,5,9-13,18,20.
12.21 59:4-5.18 60:22 61:17 62:21. [1] 47:25 [3] 7:1 36:19 38:25 22 87:5,11,13,16
24-25 63:21 64:22 65:1.3,20,22-23 NO t 0 f f
66:10 71:2 75:15 76:2 77:17,19 79:2, MO t ire [97] 4:25 5:23 6:1,19 7:23,25 8:13 [5] 38:24 41:17 54:2,14 64:11
9,13,15.19,22 81:8,10 82:3,8,14-15, [1] 5:22 13:21 15:25 16:1,19,22 17:12,15,17
22.24 83:5,7,16,22,24 84:7-8,18,25 Mount 19:2.21,24 20:19,21 21:14 22:5,7,15 0 f f e r
85:17,20 87:1.4.24 [1] 9:16 23:22 24:7,10 25:8,15,19 26:4,23 27: [2] 46:11 48:5
24 28:7,15 32:24 35:2o 38:21 38:3, Office
Mancke's Mouth 19-20,22 39:25 40:2,21,24 41:4,16
[2] 12:12 71:6 [6] 29:22,24 34:15 47:6 62:10 64:1
[18] 30:7 37:9,12 41:25 49:4,6,20 42:10,12 44:19 48:16 50:4,11 51:14,
Man i i a 50:5 57:7,12 58:4,7 66:15 71:17-19, 17,23 52:25 53:8,15,20 54:7 55:5-6, 0 ~ ~ ice r
[1] 11:14 23 11.15 56:2,9 58:24-25 59:6,9,15 60: [24] 5:6 6:10 9:17 12:13 14:8 15:18
Manual Move 19 62:23 63:16 65:6,13 67:2,5 68:2, 16:5-6,8 20:13 21:4 23:10,12,17 24:
13 69:5 70:10 72:14 74:23 75:22 76: 7 25:15 31:12.17 35:13,18 36:4,17,15
[33] 46:25 50:7,14,16 61:14.19,22 [4] 30:6 82:22 83:13 84:8 8,16 77:12,15 81:16,24 82:11 86:4
62:8-9,16.19 68:3 65:10 66:2-3 68=6, Moving Notation Officer's
12,15,22.25 73:23 75:4 76:3-4 77:13 [1] 44:17
78:17-18 79:9 81:15,19 82:8,10 [1] 36:2 [1] 55:3
Often
Manufacturer Mr Notations [1847:11
[13] 48:13,18-19 49:5,8,24 59:25 63: [250] 4:10~15-18,20,23,25 5:4,11,13. [2] 44:11 54:24
6 65:11.15 66:23 68:2 76:6 16,19.25 6:2,4,12.19,24-25 7:6,11, Ok
14-16,25 8:5,13,15,18,20 9:4,24 10: NO t e [41] 5:24 15:9.12 18:14 19:8,22 20:
Manuf ac turer ' s 24 11:8 12:3,12,15-17,19,24 13:10 [1] 6:21 7 26:6,17 37:2 40:11 42:8 44:7 45:
[2] 50:6 78:18 14:1,4,7,15,18,25 16:16 17:21 19:8- Noted 24 48:7 49:23 51:20 52:10 53:1,7.21
Many 9,24 20:3-4,8,10,12,25 21:2,7 22:10- [4] 18:20 86:9,13 87:9 54:17,22 55:9 62:24 66:9 72:1,15 74
11,14,19,22 23:4,6 24:18,25 25:11- 13 75:1,7 76:17,21 77:5,8,12 79:3
[3] 20:22 47:5 57:1 12,14-15 26:18-19,21 27:15 28:11,13- No t · s 81:6,8 82:16 87:21
Mark 14,25 29:1-2,6-7,10,18-19 30:10 32: [1] 86:22 01er
[1] 43:7 16,24 33:6,25 34:15,17,19-20,22-23 Nothing [2] 86:24 87:19
35:2-3,5-8 38:16 39:19 43:4,6,11,13,
Marked 16,18,20,22,24 44:8 45:4,9,12,14,17, [8] 41:18 42:21-22 58:7 73:11,14 80: On
[12] 8:12,14,17 10:9 14:17 43:5,10 20 46:4,10,18 48:5,7-8,12-13 49:12, 23 82:15
61:16,19 63:1,20,22 15 51:2,6.12 52:21-22 54:18 55:16. No t i C · [130] 4:5.11 6:15 7:17,19 9:25 10:4
12:8-9,25 13:2 15:1 20:19 23:1,3 24
Match 18,20-21 56:4,11 57:12,21 58:22 59: [2] 6:14 11:18 8 26:4,24 27:8,23-24 28:7 30:3-4,11,
4-5,14,18 60:22 61:14.17 62:21,24-
[1] 66:17 25 63:21 64:22 65:1,3.17,20-24 66:9- Now 14,17,23 31:4 33:3 35:9 36:1,3,17
37:8,10 41:4,10,21.24 42:9,17,22-23
Material 10 67:10 71:2-3,5-6 72:10,19,21 74: [15] 8:11 14:16 15:13 17:9 33:18 38: 44:5,12,22 46:12,20,23 47:1,22 48:1,
[1] 7:13 2,5 75:15 76:2,11 77:16-17,19-20 79: 17 48:4 49:23 54:22 60:2 62:3 64:19 6,14 51:11,16,18,22 52:23 54:24 55:
2-4,8-9,13,15,19-21,25 80:16 81:7-8, 65:9 76:17 86:1
Ma t t er 10-11 82:3-5,7-8,13-15,19,22,24-25 1,12,25 57:25 59:13,20 60:4,6,20,23
[3] 5:5 7:9 16:21 83:3,5,7,10,13,15-16,22,24 84:4,7-8, Nowhe r e 61:1,3,5,7,12,21 62:15 63:25 66:11,
May 18,25 85:10-11,16-17,19-20 87:1,4, [1] 81:19 17 68:11,20 69:8,24 70:2,4,14,19,21-
22,24 71:12,14 72:23,25 73:2,8,14-
23-24 Number 15,24 74:6-7,10,20 75:5,14 76:12,18
[24] 4:10,21 16:12 17:8 21:6 22:17-
18 25:5 28:21 25:4-5 34:17 43:20 47: Much [10] 33:12 44:14,16,18,21 47:21 55: 77:1,9,13 78:9-10 79:11 80:1,5,10
24 51:12.18 53:17 65:25 71:7 72:4 [5] 45:15 49:25 52:7 59:19 81:1 1 59:21 79:24 83:3 82:12 83:3.10 84:12 85:5 86:3.10 87:
77:25 82:16-17 86:17 Municipalities 2
Maybe [1] 9:2o 0 Once
[4] 18:3 37:16 68:1 81:13
'[2] 58:10 85:12 Municipality O'Connell One
Me [1] 19:3 [3] 15:7 18:3
[18] 10:19 11:13-15 12:2,8 23:20 25: M~F Obi [53] 5:4 12:9 15:20 16:10 22:9,25
21,24 40:2 61:25 64:8 65:4 68:15 71: · c t 24:17 27:14,24 28:5-6 32:6 33:20 34:
10 74:15 85:3,14 [47] 4:10 5:5,7 6:5,7 7:20 10:16,22 [12] 17:22 20:25 22:10,16 28:11 46: 9-11 37:16 41:19,21 42:3-4 44:2 49:
13:3,14 15:17 18:12 20:13 21:3,8 22: 5 58:22 65:24 76:2 83:3 84:8.11 24 50:24 55:24 60:6 61:11,24 62:1-2
Me an 19,23 23:11,23 24:4,8,20 25:1,6 26: 5,12,14,18 65:15 66:24 67:16 69:9-
[7] 25:20,24 49:10 54:24 55:3 76:8 3 27:15,21,24 28:12 30:18 34:14 36: Obi · c t ed 10 70:21 72:25 73:8,11 74:7 75:10
83:16 6 41:16 44:19-20 53:20 56:9,14 58: [1] 22:14 77:3 79:16 82:5 84:20 85:4,14
Means 10 61:21 62:15 65:16 66:17 68:20 69: Objecting Only
[5] 20:1 38:3 55:5 71:11,14 3,13 83:16 [1] 20:2
[13] 7:23 15:24 17:19-20 49:1 67:5
Meant Myself Objection 75:11,18 76:4,13-14 78:4 84:20
[3] 36:13.18 83:18 [2] 11:7 17:25
[11] 4:24 8:19-20 17:23 45:13-14 51: Open
Memory N 2 83:1,23-24 84:4 [2] 34:5 86:5
[1] 30:18 Objections Opened
Mention Name [1] 35:1 [3] 10:17 11:6,13
[1] 49:23 20 [12] 77:24-254:8.11 9:6 29:19-2o 44:14.17, Objects Opening
[1] 8:6 [1] 12:13
Mentioned Neal Observation Operating
[2] 21:21 77:9 [17 4:11
Message Necessarily [4] 14:24 18:22 36:28 44:2o [7] 5:7 15:19 16:9 3o:2 31:20 45:1
[4[ 48:14 49:13 67:18 80:13 Ohs e rve 77:8
Messages [1] 51:14 [5] 19:15 58:6,9 71:21 72:12 Operation
[7] 67:17 74:8,14,18 75:11 76:4,25 Nec e s s ar~F Ohs erved [7] 19:19 27:8 30:11 32:18 50:7 68:
Met [1] 43:14 [2] 11:22 26:6 11 71:21
[1834:6 Need Observing Operational
[9] 12:18,22 33:3,15 34:8 37:11 39: [3] 51:21,24 69:23 [4] 67:14 68:22.25 75:8
Michael 15 62:22 85:12
[11] 6:15.17 11~1 31:4,7 32:19 85:9 Needed Obtain Operator
77:22-25 [3] 10:17,20 30:4
Microphone [4] 39:10 58:16 59:19,24 [4] 39:24 40:19 76:19 77:2
[1] 3o:8 Needs Obtainable Operator,s
[2] 80:9,11 [5] 50:16 61:22 63:3 68:6 73:23
Might [2] 19:13 58:2o
[5] 15:4 41=14 55:13 75:25 76:25 Neglected Obtained Opinion
[15] 11:24 39:6 63:8,11,14 64:6 65: [2] 13:4 26:3
Mile-per-hour [1] 43:11 6,15 73:7,12,14 78:25 80:15 81:3 83: Opportunities
'[1[ lO:9 Never 9 [1] 47:22
Miles [6] 23:17 43:1 55:24 78:14 81:22 Obviously Opportunity
[1[ lO:8 Next [1] 35:23 [5] 23:15 34:25 65:9 87:15
Minute [3[ 65:4 67:18 80:7 Occasion Opposing
[3] 14:24 18:9 72:5 Night [1] 47,5 [1] 14:15
Minutes [1844:1 Occur Option
[9] 37:1,5 39:2 54:10 55:7 58:6 71: NO [2] 66:24 67:3 [1] 16:22
21 80:5 87:6 [104] 4:2,5,25 7:17-18 8:15,20 14:9, OC CUrT e d Or
Miranda 16 16:3 19:21 20:8,21 21:14 22:5 23: [4] 6:6-7 10:3 33:8
22 24:6 26:4,16,18 28:10,19-20 29:2 [51] 6:9 15:14 16:3,14,22 17:12 21:
[2] 15:22 84:10 32:20,24 39:18 40:10,21,24 41:16,21 Cdc r 12 24:14,17,25 25:15 28:15 29:5 32:
Misleading 42:10,21 43:3,5 45:14 46:3 48:16,21 [1] 11:20 18 33:4,13,20 34:15 35:20 36:21 38:
[4] 47:24 65:25 66:5,8 49:18 50:13,16 51:2 52:4,18,25 53:8. O ~ 4 39:5 44:15.19 49:10 51:17 55:6.9
23 54:5-6 55:11,15-16,25 56:9.17.21, 56:6 57:15 58:25 59:1,9 61:12-13,21
Misled 24 58:6.18 60:1 61:1,6,10.20 63:2. [212] 4:8-9,11-12 5:8,10 6:12,14,17
62:18 66:21 67:14-15,24 75:10.12,23
11,18.23 68:14,19 69:15 70:12,17,23 7:9.21 8:7,19 9:14,21 10:6-7.12-13. 76:7 82:17 84:14 85:4.15 86:18
17,20 11:13,20 12:10,18,22-23 13:3-
Order [14] 5215 10225 11218,25 1226 14210 [4] 15225 3621 67214 75:9 [1] 24:7
16217 192' ' 3124,7 35:9 52:3 53:
[10] 7:22 38:2.5 39210 59:20 85:22- 17 Procedures Rather
23.25 87:8.22
Ori Phase [1[ 37:6 [1] 53221
[1] 44:18 [1] 73:4 Proceed Reached
Other Pick ]2] 4214 3421 [1] 82:20
[2[ 57:16 8122 Proceeded Reaching
[18] 5:4 6:2 12222 33:4 40211 41215 [1] 38:8
44:2-3 51225 5721 63212 72213,16 75: Piece [1] 13211
25 8524.15 86216-17 [5] 37210.12 41225 49:20 50:5 Proceeding React
Otherwise Pieces [4] 6:23 1622 84217 86:22 [1] 16217
[1] 83211 [1] 32212 Proceedings Read
Our Place [2] 34:3 8821 [41] 14210,13,20,25 1525-6,12 16225
[2[ 4126 44221 [3] 4:4 1824 44217 Process 1721,3,6,8 1823,15,21 36:4 47:22 48:
Out Placed [2] 19213 31221 22 52:8 55:7 64:23 6529-10,13 66213
6728,11 68210,17 74215 75215,20 76:
[78] 11216 1224 1726 23214 27:25 28: [6] 5:6 1229 13213 21:15,17 Processing 18 7829,19 79221 80:24-25 82210
3,18,23 29212 31219 35:23-24 38:23 Places [7] 13215 1821 29221 3121,11,13-14 Reading
39:25 40:23 4122 42212-14,17,24 54: Produce [42] 14219 16218 22:23,25 26:8 36:
9-10.16,20 5527-8,10,22 5626,15,22, [1] 79216
[9] 7:3,9 49211 22 38:24 99217,20 40:5-6 4121 47219
24 5721,17 6129,13 6221 6327,13,16 Play 48:6 49:6 52:9 53214.24 5422-3,8,11,
64:4-5.9 66:8 6727.11.22 68218 70: [1] 32221 Produced 19 57217 59210.12.15.20 60:3 63211
10-11 7127 7323.13.18 7525.10.18 76 [3] 50211.14 61224
1.13.15.25 7726.10.14 78210.24 80: Pmease 64211.13 65:5 6621 7028.16.18 71225
19-20.22 812.16.18 83:8 85:9 [6] 4210 9:5 15213 29219 43:24 44210 Proper 7321 75212 78:23
Output PM [5] 19222 24211 26:12 2721 52:9 Readings
[3] 66:4-5 76:3 [1] 88:2 Properly [9] 4721.3 51212 64:23 69:23 7021.
1029 24:3 26:25 91224 3221 39: 11.13 72:23
Over Point ~510140217 44:23 452159:7 Readout
23218,24-25 36217 37217 4128 46:24 17 27214 36211 38211 42214 69:22 84: Prosecution [2] 71213 85:9
8021 9.11 [1] 16213 Readouts
Overall Pointed Prosecutions [1] 5128
[1] 47:25 [1] 71:7 [1] 15:24 Reads
Own Police Prove [2] 5421 74215
[1] 85:5 [12] 929.12.17.19 15217 1625-6.8 182 [1] 85214 Ready
11 30217 31:12.17 Provide [8] 4:13 27:7.9 35:25 39:9
P Portion [10] 5221 3921,4 42:8 46213 53:2 56: Really
[14] 14212 32:23 3321,5 94216 66:2- 25 69:20 80:4 85:8 [2] 16219 36218
Packet 3 75:4.7.14 79:9 82210 83210 87213 Provided Reasonable
[2] 6212 95:24 Portions [1] 85:8 [1[ 5:6
Packets [1] .7:16 Provides Reasons
[2] 7:3.9 Position ]2~ 6:25 7:7 [2] 78:3.5
Page [2] 34:7 76:8 Providing Recall
[20] 7:20 66211 73:24 7426-7,11,13, Possessions [2] 4124 51217 [27] 16223 1727 2425,16-17,22 25:2-
24 8021 [1] 35217 Puff 3 27:6 3628,14 37:7 39221-22 45210
Pages Possible [2] 81225 5421 52:2,20 55:23 5828-9.13 63218 7821,
6,16 81222
[2] 77210 79219 [2] 51:i9 53:17 Pulled Receive
Paperwork Pound [4:1o:i2 66:20 67:24 75:23
[1] 30214
[2] 35:24-25 [1] 80:8 Pump Received
Paragraph Prejudicial [3: 6622i 67:25 75:24
[7] 6216 3021.3 4722.15.18 86213
[2~ 67:ii 79:2i [2] 72i2.i9 Punctuation Receiving
,Parking Preparation [1] 762i8 [1] 35221
[1] 10212 [1] 30212 Purged Recess
Part Prepare [21 66:21 75:24
[2] 33:25 34:2
[7] 8:7 9217 27:24 4124 66:5 67210 [1] 34215 Purges Reconvened
84221 Presence [1] 67:25 [2] 34:3,5
Part-time [2] 36:7 49:4 Purpose Record
[1] 9217 Present [1] 77:4 [20] 4:6 521 7218 824.6 926.18 102
Pass [4[ 4:7 7:2 71219 86211 Pursuant 24 1526 18225 29:20 32:3 3324.9.15
[2] 33:13,23 Pressure [2] 15215 86:20 34:4 42:5 86:5 87:2
Passed [6] 58216,20,24 5923,19,23 Push Recorded
Ii[ ii:i2 Pretty [1] 70:24 [1] 66217
Patrol iii 812i Pushed RECROSS
[4] 13214 18213 21215.17 Previously [4[ 60211 66219 67:23 75:23 [3] 26:20 77218 8129
Patrolman [1[ 46=12 Put Redirect
[12] 4219 5214,21 6216 9:5,7-8 102 Print [3] 35217 37:9 58:7 [6] 25213 28212 66:8 7124 79:7 82:6
20.25 4525.10.13 [33] 2823.18.22 42:24 51218 54:20 Reference
Pen 55210,22 56215,22 6129 63213,16 64: Q [4] 67212 76219 77:3 80213
[1] 14212 4-5,9 6726,16,22 70210 75210,18 76:
15 7726.10.14 78210.22.24 80:22 812 Q Referred
Pending 3.16 83:8 [9] 11218 23:7 35:8 49216 52:23 60: [2] 13224 86217
[1] 8:2 Printed 14 63:1 74;6 792i2 Referring
Pennsylvania
[19] 27:25 42214 55:8 63:7-8 66:4-5 Qualified [6] 592i 72217 73:25 792i6.19.23
[2] 8628,10 70211,22 7325-6,13 75:3 76213,25 78;
Pennsylvania , s 24 80213-14 [1] 46:6 Reflect
Ii[ 16:i Printer Qualify ii[ i0225
People [2[ 66:20 67:24 [1] 46214 Refusal
[4] 312i4.21 51225 58:6 Printing Question [16] 6:9 i6:9.ii 2429.ii.19.21 25:8
[22] 2021-2,6 21211 22215,17,19 28: 40:8 4124 42216 58:25 6924,6,17,19
Per [1] 80211 14,21 4629,16 57211 5929,14,17 65:4 Refuse
[1] 1028 Printout 7623.10 79219 82:5 85:2 [2] 6:5 15218
Perform [6] 6i:i 67:6.8.10 72:i6 74:23 Questioning Regard
[5] 20214 2128,10 22:4 62216 Printouts [21 28215 59:7 [21] 3021 32:25 36:3 37219 45:22,24
Performance [2[ 28:8 73:20 Questions 46:20.25 47216.18 51214 5321 54219
[1] 1321 Prints [22] 1525 17222 20:8 22212.18 24:2 65210 66:3 7128.10.17 74221.23 79;lC
Performed [8[ 56:6.24 5721 75:5 7621 80218-19 26:18 29:2 4629.12 48:9 5123 55216 Regards
56212 65:25 6621.7 7126 73:22 77216 [1] 31217
[71 2124 22212 60:24 6122.20 62218 8124
69:17 Prior 8127 82213 Regional
Perhaps [3] 22:3 26:6 36:22 Quiet [4] 929,13,19 31212
[51 7217 i5:5 53:22 7129 79212 Privilege [21 2521.4 Register
Period [2] i5:19 i6:9 Quite [21 42213,23
[12] 15220 16223 1829 27218,21 2821- Probable [3] 65213 75213 79211 Registered
2 36:23 39:8 58210 72:5 86:3 [1] 12214 Quote [2] 38:5 44216
Permission Probably [2] 49213 59:9 Registration
[1] 1424 [2] 47214 48:3 [4] 11211,16 44215-16
Permit Problem R
Related
[1] 76:9 [3] 35:3 41212 51225 Raise [1] 44219
Person Problems ii[ 35:i Relates
[7] 4:9 31217 51219 58:3 59:8 65:6 [1] 32217 Raising [4] 6221 12221 48215 56219
Procedural ]1] 24:1 Re levance
Personally ii[ 50:6 Rank [9] 2i:i 58:23 83:4
[1] 50:8 Procedure [1] 9:6 Relevancy
Petitioner Rate
[7] 6:20,23 7:17-18 22:15 84:8,11 67!2 25 68:3 9 17 70:14 71:9 11 14 [2] 66:2 72:15 ._ [4] 57:16 71:19,25 72:1
Relevant 22 72:13 v~ 15 78:9,11,20,24 80:4- Shows Spiked
5.14.18-2 2.4 83:9 85:8
[10] 5:15.25 7:23 8:3-4 33:5.17 58: [1] 85:2 [2] 49:6 57:15
24 87:14.17 Samples
Remain ~6] 37:16 42:3 46:23 78:19 79:10 80: Shut Spit
[1] 25:1 [1] 50:4
[7] 15:24 16:5 29:5,8 82:18-19 86:5
Remained Satisfactory Side Spoke
[1] 19:17 [4] 34:18,20 43:17 87:22 [1] 73:9 [2] 11:20 16:20
Remarks Saw Sign Spray
[1] 12:13 [6] 11:14 52:2,4 55:21 70:2,8 [3] 16:25 36:20-21 [1] 72:8
Remember Say Signed Springs
[6] 7:22 36:6,8,12 37:2.4 [1] 9:17
[1] 36:10 [28] 13:17 17:24 18:20 24:7 25:19
26:4 28:5-6 42:23 47:5.11,13.25 49: Signs Stable
Reminding 9 54:13 62:23 63:15 66:12,18 68:4, [1] 80:8 [2] 76:19 77:3
[1] 38:19 19 71:18 75:11 76:14,16 77:5 82:1
Removed 83:18 Silent Standard
[2] 8:9 11:14 Saying [2] 15:24 16:5 [6] 31:19 36:1 44:25 45:1 60:5-6
[8] 17:14 24:22 25:7,9 41:18 78:6 Similar Standardized
Rendered 81:12 82:9 [8] 37:13 44:12 47:15,21 53:2 62:7, [1] 20:19
[1] 5:9 Says 18 77:24 Standards
Repeat [151 48:14 55:1 65:15 67:1,4-5,12, Simply [1] 59:24
[1] 33:19 21 68:12,16 74:15 75:8 76:6 79:1 81: [4] 33:13,21 53:18 66:4 Start
Report s 20 Sir [5] 44:20 60:11 66:19 67:23 71:1
[1[ 64:20 Scene [21] 30:8 32:14,20 39:18 42:18 43:3 Started
Repr e sent a t ion [4] 18:8 20:13 21:3 25:16 44:5 48:16 54:16 56:7 57:20 58:16
[1] 33:8 Scheduled 63:5 64:3,19 68:5,14 69:8 70:25 72: [12] 14:24 21:16,22 35:23-24 39:17,
Representing [1] 86:6 7,9 23 48:2-3 54:13 60:10
[114:9 Scope Sitting Starting
Request [1] 28:12 [1] 38:4 [2] 38:21 82:21
[2] 4:20 86:20 Screen Six State
[3] 9:13,16 18:9 [5] 9:5 17:4 29:19 30:16 44:15
Reques ted [5] 60:20 69:24 70:2,19,22
[8] 16:4,7 20:14 21:5,9 36:15 50:24 Seal Six-minute Stated
[1] 18:9 [1] 12:2
86:21 [2] 37:11 41:25
Requesting Seated Slowly Statement
[1] 15:16 [1] 10:22 [lJ 15:11 [4] 56:8.13 59:14 67:9
Residual Second Slurred Statements
[1] 11:22 [1] 60:3
[2] 66:14 71:22 [21] 14:0 32:10 39:17,24 40:19 41:5,
Responded 19-20.23 42:19 45:25 52:17-18,23 53: SO Stating
[1] 13:18 10 58:8 70:14.21 73:3.8,11 [51] 5:23.25 6:22 7:14,22 11:9 13: [1] 16:25
Response Seconds 23 15:2,7 17:19 18:8,22 20:2 32:12 Station
33:3,15,19 39:5 40:5 41:7 42:19 43: [2] 25:23 36:23
[5[ 16:17 50:13 59:8 74:19 83:6 [5] 27:17 39:5 58:10 72:13 80:7 i 47:2,12,18 52:13 54:5,14 56:11,18
Rest Section 57:4.22 64:8 66:23 68:9 69:21 70:8 Status
[3] 26:16 54:15 60:16 [1] 15:15 73:9.19 74:20 75:1,4 76:21 77:5.12 ]1] 8:1
78:14 82:23 54:10,14,20 85:4 Stay
Result See So-called
[18] 6:22 10:20 12:18 65:17 70:5-6, [2] 27:20 45:11
[6] 27:25 43:1 51:17 61:9 65:23 85:5 14,16.18.22 71:14 72:1 75:17 79:11 [1] 15:7 Steady
Results 82:11 04:16 85:7 Sobriety [21] 27:2-3,20,23 37:25 38:1,5,22
[6] 37:18 41:21 46:17,20 47:9 63:7 S e · lng [3] 13:1 20:20 31:19 40:9 42:1 52:12,14,16,24 53:2,5,7
Returned [3] 28:5 68:13 84:13 Solid 58:9,15 72:12
[1] 25:22 Seemed [2~ 27:11 28:1 Stenographer
R evi ew [1] 25:24 Some [5] 15:11 33:2,19 43:7 86:21
[4[ 33:12,15 34:25 37:17 Seems [13j 12:4,10,21 17:12 23:10 33:4,15 Step
R evi ewing [2] 85:3,14 46:8 51:12 54:7 60:3 72:16 80:19 [4] 12:4 29:4,12 82:16
[2] 33:24 35:3 Seen Somebody Stepped
R i f e [5] 55:24 61:8,23 62:3 68:14 [4] 51:20 52:5 53:3 56:23 [1] 12:7
[25] 19:12 20:4 24:18,25 25:1 27:15 Semicolon Someone Sternick
29:11.15,19,21 33:6 35:8 43:24 46: [2] 76:19,22 [12] 7:17 39:3 40:14 41:17 50:2 51: [14] 6:15 11:1 12:3 15:1 31:4,7,13
19 48:5.13 55:21 61:14 77:20 81:11
82:19 85:11,16,19 Sent 24 53:4 56:6 58:20 68:2.17 71:23 32:19 35:9 36:5 39:10 41:3 77:22-23
Rife's [1] 50:21 Something Sternick's
21:21 24:23 34:11 41:5.7,14 54: [2] 6:17 44:1
[1] 83:18 Separated ~60:16 89:21
Still
Right [1] 76:21 Sometime [4] 5:13 16:19 52:12,14
]53] 4:17 5:1,12 6:11 8:8,21 10:22 Sequenc e [1] 65:13
11:2 12:15 13:9,21 15:23 16:3,5 17: [3] 67:16 75:10 80:10 S top
17 18:2,4.24 20:10.17 21:17,21 22:1. Somewhere [8] 10:11 20:13 22:11 37:13,15 42:2
7-8,21 23:19 29:9 32:9,15 35:6 38: Sequestered [2j 18:23 77:25 73:17
13 43:19 45:19 49:14 51:5 56:20 57: [2] 4:21 5:3 Soon Stopped
23 64:17 65:2 66:25 72:20 74:4 78:3. Sequestering ]1[ 7o:25 ]1] 11:0
25 80:2 82:20.25 83:5.25 85:21 87:7 [1[ 4:24
Sorry Stopping
Right-hand Serial [14] 4:8 5:17 7:4 30:13 32:6 45:7 [1] 38:21
[1] 73:9 [1] 54:25 48:24 53:15 57:10 60:18 75:21 77:22
Rights Services 83:1885:18 Stops
[2] 15:21-22 [1] 30:17 Sound [1] 38:3
Routine Session [1126:24 Store
[1] 10:12
[2] 73:10,16 [1] 34:5 Sounding
Run Set [1] 80:6 Street
[1] 46:23 [3] 58:19 62:16 81:13 South [2] 10:6,13
S several [2] 10:6,13 Strong
[2] 16=21 73:22 Speak [1[ 11:2o
S Shall [8] 13:19,22 15:23 16:3,20 17:16-17 Strongly
[2] 86:24 87:19 [1] 86:5 43:8 [1[ 8:6
Safe Sheet Specialized Studied
[2[ 5:10 13:4 [1] 44:6 [1] 46:14 [1] 62:5
Said Shining Specific Subject
[35] 16:24 24:19-20 26:1,22 27:11 [1] 11:14 [1] 30:15 [15] 45:23 48:15 51:3 53:11 61:5-6
lly 63:17 64:4 66:3 73:2 78:23 80:3.7,
33:19 34:11 36:18 37:7,13 38:21-22 Shore Specifica 12 81:14
39:13 41:5-6 42:1-2 48:19 50:18 58: [8] 9:9,12-13,19 13:15 31:1,12 35:13 [5] 22:14 24:5 50:21 78:13 81:24 Sub J e C t ! S
9 61:8 62:3 65:6 66:16 68:19-20 69= Specifics
19 71:17 7]:5 78:15 82:1,8,11 83:17 Shor t [1] 66:14
Saliva ]1] 33:25 [1] 27:8 Submit
[2] 49:20,25 Should Speech [8] 13:16 15:16,19 16:6-7,11 87:10,
Same [21 39:11 87:2 [1] 11:23 15
[5] 37:14 39:15 44:6 62:8 77:3 Show Speed Submitted
Sample [13] 5:22 14:15 21:3 57:14 61:2,5 [1] 10:5 [1] 35:4
[105] 5:21 19:22 22:9 23:15 24=11 63:22 64:23 68:15 71:19 79:16 83:7 Speeding Subpoena
26:5,15 27:1,10,22 28:9 38:15,17-18 85:7 [1] 7:17 [1] 51:1
39:1,4,7,10,24 40:19,24 41:5,17-18, Showed Spell Subpoenaed
20 42:9,15 45:3,22,25 46:24 48:14, [2] 14:10 79:15 [2] 9:6 29:20 [3] 50:16,20 84:19
18,20 49:7.9-10,13,21 51:17-18 52:
17-19,23 53:11,16,19,22,25 54:8 55: Showing Spent Substance
22 56:6,16,22-23,25 57:14-15 58:8 [4] 14:8 63:1 69:24 79:14 [1] 16:23 [2] 15:15 16:14
59:12,1~ 60=21 61:12 63=7-8.13.15 Shown Spike Successfully
64:5,9,17.24 65:5,12 66:14.16.18,21
[1] 30:20 [2] 20:5 76:8 [9] 7:18 14:24 19:13 30:11 52:1 58: Timed
Such Testim 7 67:8 73:1 8s:s
[11] 10:7 23:14 40:23 41:2 42:12-13,
[1] 87:16 [11] 12:24 II 66:7 68:9 71:8.10 Them 17 54:9-10.16 55:7
Sufficient 80:18,25 83:11 86:12,22 [11] 13:2 20:16 21:10 25:21 27:7,9 Times
[4[ 5:21 42:9 66:3 81:17 Testing 33:14,24 41:18 51:24
[11] 16:21 54:20 61:13 73:18 75:25
Sufficiently ]si 13:24 15:25 16:11 37:6 58:7 Then ??:9,13-14 80:22 81:18 85:3
[1] 65:7 Tests [32[ 9:15 11:13 14:20 16:24 17:4.16 Title
18:14 21:16 22:6-7 23:10,12 27:11
Suggesting [22[ 12:4,11 13:1.3 20:14,16,20.22 33:6.22 37:5,17 40:6-7 54:6,8.14 57: [2] 29:20 75:2
[2] 7:20 83:11 21:4.8 22:4 26:7 31:19 40:7 44:1 47: 17 64:5,15 71:24 73:3.5,11 78:24 80: TO
14.25 66:11 68:13 69:1 75:21 77:3 8 85:6
[443] 4:13,24 5:4.7.9,14,20,23 6:4-
Suit Than There 6,15,20-21,23 7:17-18 5:6,19 10:18-
[1] 10:23 [3] 28:6 53:22 72:13 [90] 4:21 6:2,8,22 7:16 14:22 17:12 19,22 11:4.7.13.16-17 12:2,4,8,14.
Supersedeas Thank 18:8-9,23 22:23,25 24:18 27:6,14,18 18-19,21-22 13:15-17,19,22,24 14:4
[1] 7:22 [8] 9:23 16:15 29:4 30:9 45:15 82: 28:14 30:19 36:6,10,12,17,23-24 37: 10,13,15,20-21,25 15:5-6,11-12,15-
Sup e r s e d ed 16 87:24-25 12,24 38:4,22 39:8 40:2,24 41:5-6, 16,18,23-25 16:3,5-8,11,17-18,20,22,
[1] 8:2 That 14 42:1,21,23 44:22 46:3,22-2 .... I ~-25 17:3,6,8-9,13,15-17,21 18:15
19:10,13,23 20:2,5.14.22,25 21:3
49:21 50:17 51:10 52:20 53:15.23 54
S upervis or [418] 4:6 5:2.5-7,9,11.15-16.19-22 1,7 55:1.5 57:7 58:4.10.12 59:16 60: 9-10.12,16,21 22:3,6-7.12.14,16.18-
[1] 50:14 6:8-9,13-14.16,19,21 7:3.7 8:1.7,9, 11 61:1,6 63:6.11 67:4-5 68:20 69: 19 23:11-12,15,18.20.23-24 24:1-4.6.
Supplement 11 10:4-5.10.21,24-25 11:22 12:2-3, 21 70:7 71:7,9.25 72:11.22 73:11.14 21.23.25 25:1,4,7-8,19-21.23 26:4.
11,13,15 13:11,14,18.21 14:10-11,13. 74:15 75:17,19,22.25 77:9 80:22-23 23 27:7,10.15,19,21 28:5,15 29:5.12
[1] 34:17 16,25 15:13,16.18 16:18,20-22.25 17: 81:2 82:11 87:2 30:2,7,14,16 31:17 32:21,25 33:2-3
5,7,9,13-16,21,23,25 34:1,7-8.17-18
Supposed 4.9,17,19.23 18:1,4,6.9-10.17-19 19: There's 21,25 35:1,18 36:3,6,11,15,20.22 37:
[2] 60:13 62:17 1.3,12,25 20:16.21 21:3,6,8,12.23.
25 22:3,6.8,18 23:1,7,14,17,19 24:3- [22] 6:4-5,20 27:9 35:23 38:3 41:18 5,7,9.11,13.15-16,19,21 38:2,4-5,15.
Sure 5.10-14,21-23 25:3,6-7.9 26:3-4.14 49:25 51:7-8 54:5-6 58:7,25 61:1,10 19.21.23.25 39:4.9,11-12,15,23 40:2.
[9] 6:1 15:10 19:2 58:7 62:23 65:22 27:3-4,7,9,12,14.19-22.24 28:5-6.24 66:3 71:18 73:19 75:21 84:4 4,14,16.19.25 41:3.6,8,10,13.16-19
67:10 79:6 81:11 30:6,25 31:4,10-11.18~23 32:4 33:10- The S e 22,25 42:2-4.8,13,15,19,23 43:11,14
44:9-10,13.22 45:5-6,9-11,13,22,24
Suspended 11,16,18,22 34:5,7,11-12,15,17,20, [20] 6:14 7:2,9 17:22 28:15 30:14 46:4,8-9,17,20,22,25 47:9,16,19,22
23 35:21,25 36:5,9,18,20 37:9,11-12, 33:3 43:25 44:11 46:12 47:25 55:12
[4] 7:20 8:1 15:19 16:9 17 38:2-3 39:10,14 40:2.13,15 41:2- 56:12 58:19 61:9 65:25 72:23 73:20 48:3,8,15,18,22 49:5 50:18,21 51:1,
S U Sp en s ion 5,13,21 42:9,14-15 43:4,16,24 44:1, 74:14 3,14,21,23 52:6,14,17 53:1,14,16,25
[4] 4:5 6:14 8:1 86:2 25 46:6.9,13-14,24 47:13 48:1,9,19, 54:3,10,13,19,22-23 55:4,7,10,13 56:
22,25 49:10,17,23-24 50:2,15,24 51: They 11,18-19 58:3,7,14,16,20,22-24 59:1,
Sus t a i n e d 8-9,12-13.21,23 52:4 53:7.14-15.17, [33] 14:24-25 18:15 19:12 23:15 27: 8-9.11-12,14-15.20,24 60:13 61:18
[1] 17:23 20 54:1-2.8-9,12,15.24 55:5.10,13, 19 28:18,22 31:18.25 32:1-2 33:13 62:16-18,22 63:10,22 64:23 65:4,9-
Swear 22 56:3,5.7.13.19-20,25 57:9.11,14, 51:13 53:25 54:1-2 55:15 59:2.6 61: 11.18 66:1,4-5,13,17 67:3,10,15.22
23 58:5,8-9.13,23 59:7,12.21.23 60: 12 64:2,11,15 67:18 68:4 69:23 70: 68:1.10,16,25 69:4-5,13,16,20 71:1.
[1[ 62:7 3-4.13,20,23-24 61:2,4-5,8 62:5,7,9, 10 71:24 73:1 77:2 81:15 7-8.10.17,23 72:13,17 73:25 74:13,
18,21.23 75:1.7,9,17 76:2,8,17,19,
Sweene 14,17-18,23 63:2,5-7,10,12,18,24-28 They' re 24 77:2,5,9,24 78:14 79:10,14,17,19,
[1] 59:1 64:3,8,17,23,25 65:1,4,6-7,13,15,18
66:2,4,8,24 67:5-7,10,13,18,22 68:9, [7] 7:20 27:7,22 31:15 33:24 44:5 22,24 80:1.4,13,24 81:11,15 82:8-10,
Swi t C h 12,16-17,19,24 69:3.5.8,10,16,18,20- 52:1 17,22 83:1.3.6,13,18.23 84:5,8,11,
[1} 69:13 22 71:10,14,18,24 72:4,12-13,23 73: Thing 21,23 85:3,8,11,14,17,20 86:11,17,
Switched 2.9.12,15-16,19,24 74:2,7,10,15,19, [3[ 39:15 51:23 85:14 20-21 87:7,10.12,14-15
21.23 75:4,8,11-12.15,17-18,20-22 Today
[7] 23:12,25 24:3 41:8 69:9-10.22 76:5-6,12,14,16,22,24-25 77:5,12-13, Thing S [5] 45:16 50:12 61:14 70:1 82:9
Switching 15,24 78:2,6.8,12,15.19 79:21 80:3, [11] 28:16 48:19 49:1,24 50:24 57:
[2] 23:18.24 18,23 81:2,13,15-16.20.23 82:10 83: 22 58:19 60:5 61:8 66:25 76:21 Today' S
Sworn ~8 84:6,11,18,24 85:1,5-6,11,14,17, Think [3[ 84:17 86:10,22
86:9.13 87:2,4-5.9.13.16,21-22 [14] 8:11 12:22 17:22 30:18 33:17 Told
[2] 9:2 29:16 That' s 41:6,14 46:5 62:22 76:4 79:18 80:24 [11] 10:18 11:4,15 17:8 37:13 39:16
[62] 7:23,25 12:17 13:8 15:8 19:5 83:9 84:12 56:5 68:24 69:16 78:2,4
T 2o=18 21:16,21-22,24 22=2,25 25:11 Thinking Tone
26:9 27:13,21 28:25 33:5 45:19 49:
Take 16 50:11,17-18 51:21 53:18 54:10,13 [1] 33:11 [36] 26:9,14 27:2-3,5,12,15,17,20,
[25] 8:8 11:16 12:10 16:22,24 17:5, 57:24-25 59:13,15 61:19 62:1-2,8,12 Th i rd 23 28:1.16 37:20,22,25 38:1-3,5,22
39:25 40:9 42:1 52:6,12,14.16,24 53:
'13 19:10 24:21 25:7 33:2.19.24 36:6, 64:16,18 66:16 67:1,4 68:4,8 69:12 [2] 10:6.13 2,6-7 58:9.12 72:12 80:6
15 38:25 39:4 40:5 41:12 52:17 60: 71:2,22 74:4,9,25 75:6 76:23 77:5.7
13 65:14 69:5 71:22-23 79:1-2 80:24 81:4 82:3 83:9 This Tones
Taken The [85[ 4:4 5=5 6:23 7=15,21 8=12 9:14 [3] 26:22,24 52:10
10:21 11:19 12:18-19,21 14:9,12 15:
{2] 18:7 34:2 [978] 4:4.6-11,13,17-18,20.23 5:1-2. 2 17:20 20:9 21:1 24:18 26:3,14,23 TO O
T ak · s 6-7.9.12,14,17,24 6:1-2,6-11,13-15, 28:12.16 29:3.5 33:12,23 38:11.18 {13] 48:15 49:25 50:3-4 51:20.24 52:
20-21,24 7:2,4,7,10.12.15,20-21 8:3, 41:19 42:6-7 43:5.12 46:5.7 50:19. 3.5,7,13 53:3,18 70:25
[3] 37:15 46:5 59:11 6-9,11.14.18-19,21 9:6.9,11.18-19, 22 55:17 56:5.18 58:23 59:8 61:24 To 0 k
Taking 21,23 10:5-6,11-13,15,17-18,20,24- 62:14,16,19 64:7,11,22 65:20 67:9
[7] 6:7 11:15 13:15,19,22 16:4 17:18 25 11:2,4-6,13-17,24 12:2,5-7,9-10, 68:15 72:5,24-25 73:22 74:20 75:2,4, [5[ 19:12 35:16 36:11 44:17 73:10
12-15,21-23.25 13:3,6,8-9.13.15,22- 14 76=12-14 77:4 78:18 79:21.25 81: Township
Talk 24 14:1,3-4,6.8-9,12-13,19-21.23,25
13,15-16,19 82:17.22 83:8 84:6 85:2, [1] 19:4
[2] 66:2 67:11 15:4-6.8.10-15,18.21-23,25 16:4-8, 21 66:1,4 87:2.12
Talked 12,14-15,22,24-25 17:1-3,5-10,13, 18, Traffic
23,25 18:1-8,10,12,14,16-17,19-21, Thoma S [2] 10:11 30:17
[2] 59:2 60:2 24-25 19:1,3-5.7-6,10,14-15,17.19, [1] 4:11 Trained
Talking 25 20:1-5,7,10,13.19 21:1,3-4.6,8, Those
[11] 16:23 21:16,22 38:17 51:13 52: 15,17 22:4,7,11-12,14-19,21 23:1,3- [4] 49:5,8 68:5,21
19 56:2-3 62:23 67:9 73:16 5,7,10-11,14,17 24:2,7-8,13-14,17- [18] 5:15 24:24 25:2 30:20 33:12 38: Training
19,21 25:2,6-7,12,16,20,23 26:2,4-5, 6 47:8 48:3 49:1 55:13 57:22 63:23
Tape 9,15-16,19,22,24 27:1,8-9,16,18,23- 76:21,24 77:9-10 78:2,4 [12] 30:1,3,14 46:12,17.19,25 47:15,
[12] 32:23 33:1.5.14.16,21,23 84:12, 24 28:4-8,12-13,16-23 29:1.4,9-10, Though 18 61:9 68:11 81:25
14,16 87:16 12,20,23 30:3,6,8-9.17 31:1,3.16-17, [1] 7:13 Transcribe
Tapes 19,23 32:3,5-12,14-15,17,22-23,25 [3] 86:21 87:10,15
33: 1-5, 7, 9-11, 13-16, 18-22, 24 34:4-5, Thought
[1] 33:3 7-12,16,20,24 35:2-3,6,13,16-17,19, [2] 50:17 83:17 Transcribed
Tell 25 36:4,11.15,17-19,22 37:2,4-6,8, Three [2[ 34:9 67:6
[21} 13:20 24:25 25:1.4 26:23 27:15 10,12,17-18.23-24 39:1,8-10,12-14. Transcript
37:14-15,19,22 38:19 42:2 48:19 51: 17-18,24 39:6.9.12-18,20.25 40:3,5. [13[ 30:19 39:2 52:20 54:10 55:7 66:
21 67:12,21 69:18 70:1 76:12 78:8 9,12-13,16,23.25 41:6.8,15,22.24-25 24 76:4 78:3-5 79:15 90:4.8 [13] 32:22 33:4.20 34:9,16-17,24 35:
42:2-3,5,7,13-14,17-19,21.23-24 43: Through 3 84:17.22 87:5,11,16
Telling 1-3,7,13,16,19-21,25 44:2-3,5,7,9- [18] 5:14 11:11,17 19:13 36:20 41: Transpired
[9] 16:21 27:7,9 50:21 58:12 70:21 10.13-17,19-20,23 45:3.7.12,15,17, 24 44:24 46:23 49:20 60:12 62:6 65: [1] 14:23
81:13.15,22 19.21-23,25 46:8,16-17.20,23,25 47: 10.14 72:25 73:4.10,13,15 Transportation
Te 1 1 s 2,6.8.16,19,22 48:1.7,10.13-15,18-
[6] 49:24 67:6 74:13 75:5 78:18.22 19,21 49:1.4-5,8-12.14.21,24-25 50: Thronghout [3] 4:9,12 86:11
5-7,11.16,18.24 51:1.3.5,7-8,11-12, [1] 25=18 Transported
TERM 14,16,18,25 52:5,10,17-19,23 53:1.4. Thursday [1] 14:21
[1] 4:6 9-10.16.23 54:11-12,15-17.19.22-25
55:1,3,6-9,18,21,25 56:5,18-19.25 ]1] 86:6 Traveling
Terms 67:4,8,10,13-14,16,19-20,22,25 58:4, Ticket [1] lO:6
i[2] 15:6 37:7 11,17,23.26 59:2,4.6-7.12,17,20.23- [22] 42:14,25 44:2,9 46:21 46:20.25 Tr i a 1
Test 24 60:2,4-7,10-11,15-16,18-20,24 61:
47:9 51:7,15,18 53:9 54:22,24 60:11, [1] 82:21
[114] 6:8 13:16,19,22 15:17,19 16:4, 2-3,5,7,9,19-20,22,24 62:1-2,5-6,8- 24 61:21 71:14 72:24 75:5 76:25 77:1
9.12,14-16.19,22 63:3,5,12.16,25 64: Trouble
7.22.24 17:5-6,13,18 19:10,14.16,18 3.8.10.13,20,23.25 65:2.4,10-11,14- Ticket s
22:8,13 23:7,12,24 24:21 25:7 26:10 [2] 5:17 7:5
27:20,25 28:23 30:2 31:20 32:10 36: 15.17,19,23 66:1,3-5.7,12,19-23 67: [10] 7:17 44:1 46:24 47:19,22 48:6
3,6.15 37:6.16-17 38:8-9.24 39:11, 6,9.11-12.15-16,18.21.23-25 68:2.6, 53:14 55:12 63:24 72:23 True
13-14.17 42:4,17,20,22,24 43:25 44: 10-11,13,21,25 69:1.5.8-10.13,17,21,
23-24 70:1-2,4.8,10,13-14,18-19,21- Ti e [3] 27:14 56:8 69:8
24 45:3.23 55:2-3,8-9 60:6.23 61:3, 22,24 71:3,6.8,12-13.17.19.22,25 72: [1] 10:23 Trust
5-6,12.20-21 62:15-16 63:17,24 64:4
65:23 66:13,17.19.22,24 67:3,7,12. 4-5,7-9.17.20,24-25 73:2-4.6,8-15, Ti ght [1] 34:23
18,25 74:4,14,16-17,20-21,23 75:1,4- [2] 37:11 41:25 Try
20,22-23 68:1.10.18 69:5 73:1.3.11. 5.10-11,14.16,20.22-23 76:2-3,5,7.9,
18 75:12,18 76:1.13,15,20 77:6,10, 12.14,18.25 77:1.3,6,8,12-13.17 78: Time [1] 41:16
14 78:3,5,10.23 80:7.12,19 81:14,16 2,4,17,23 79:3.6.9-10,16,18.23 80:2- [57j 4:4 7:21 9:17 10:4-5.7.17.21 Trying
84:9 3.5,7-13 81:2-3.8,14,17 82:4.8-10, 11:7.11,19 13:14 14:25 16:23 17:6 [3] 26:23 39:23 69:20
Testified 14.16,20-22,25 83:1.4-5,10,12-13.16. 18:1,6.9.17,20.22 21:13 23:11 25:6 Tube
[5J 9:2 29:16 56:11 68:16 69:18 22-23,25 84:5-13.16.20-24 85:1-4.7. 27:12,19-19,21 28:1-2 31:10 33:13
12.15.17-18,20-21.23 86:4,9,12-13. 36:19 38:23 39:12 44:16,20 47:13 54: [2[ 37:10 48:15
Testifies 18.21-23 87:1-2.4-5.7,12-14,16.18. 25 55:21 60:13 61:20 66:20 67:24 72: Turning
[1] 34:11 21.25 88:1 13 75:12,18~23 76:13-14 77:6 84:6 [5] 44:9 54:22 74:13 75:1 76:17
Testify Their 86:9,13.18 87:3
Twenty
[3] 37:1 39:5 79:17 [4] 58:2.5.66:2 74:17 55:3 56:3 57:11 58:16,20 59:6,11,13 [1] 56:13
Twenty-two Voices' 62:17 63:2.22 64:13,21 6 -11,14 Working
66:4,12.17-18 67:1,4,12. I 68:4,
[1] 79:17 [1] 33:3 6,11.16,19 70:1.13 71:10, 74:14- [6] 24:2 26:24 30:23,25 31:1 47:6
Twice 1.5,19 76:5 79:1,11.13,19,23- Works
Two Wait What's Wormleysburg
[19] 12:2 20:23 28:4,18 29:25 32:12 [5] 10:19 43:7 54:12 60:15 71:22 [5] 48:23 51:22 63:1 66:2 74:7 [1] 9:22
37:15 40:7 42:3 43:25 47:7-8 49:1 Whatever
61:11 73:20 76:24 79:17 84:19 86~12 Waited Would
Type [1] 37:4 [1] 43:14 [77] 4:20 5:25 9:5 10:3,24 12:6,10-
[1[ 37:14 Waiting Whatsoever 11 13:15,18 14:12 lS:5 16:24 17:s
Typically [2] 39:8 40:14 [2] 6:20 7:19 18:8 20:25 22:10 24:19 26:3-4 28:11
29:7-8 33:6.9 37:11 39:10 41:4 43:4.
[1] 51:25 Wallet When 24 44:10 46:13-14.25 47:11.13.25 48:
[1] 11:12 [75] 6:7 7:1,8 10:3 11:20 16:6,24 5.8 52:5.7.10.13 53:2,4,21 54:23 55:
17:3 21:15-16.21-22.25 22:3,6 24:14. 10 58:22 59:23 62:14-15 64:8 65:24
U want 18 25:6,22 26:12.24 27:1 28:2 31:9, 66:4 67:21 68:10 71:25 72:22 74:15
Unable [19] 5:13 8:14 13:19 17:14 21:3 24: 14.20 36:15 37:25 39:9.13-14 41:22 76:9.17 77:2.6.10 79:21 82:19 83:3
21 25:8 33:21 34:1 45:6.10-11 46:8 46:22 48:2 49:9 50:17 52:16 54:5-7. 84:8.11.18-19.21 85:6
[2] 76:19 77:2 69:5 81:11 82:22 83:13 84:16.23 10,13,20 55:21 56:11 58:20 62:5 64: Woumdn' t
9.19 65:5-6 66:23 69:3 71:14,18 73:
Und e r Wan t ed 2,14 75:19.25 76:13 77:6.10.20 78: [2] 98:2-3
[13] 5:6-7 12:14 13:6,13 15:13-14.
[7] 11:17 17:15 22:18 24:21 25:7 67: 17,19 80:16-19 81:4,16,1e 85:2,7 Wri t ing
25 16:12-13 21:17 59:24 71:20 10 69:5
Where [2] 33:4.16
Understand Warn [18] 9:8,19 18:10,18 30:25 36:11 44 Wrong
[10] 13:23 16:19 17:11 18:2.14 20:1 [1] 24:10 17,19 58:10 59:2 60:14,23 61:2,5 63
54:5 57:10 80:17 81:12 [10] 41:5.7.14 56:19.21 66:20 67:23
Understanding Warning 6 68:16 74:13 84=9 69:21 71:12 75:23
[1] 34:14 [1[ 13:24 Whereby
Understood Warnings [1] 44:13 Y
[1] 12:12 [3] 16:7 18:3 84:10 Whereupon Yeah
Unfortunately Was [12] 8:16,23.25 29:14 34:2 43:9 61:
15 63:19 83:20 84:2 85:23 88:1 [7] 23:21 24:24 37:24 60:9 69:11 77:
[2] 43:6,11 [180] 5:5,7 6:7,14,16 7:20 8:16,23 2 80:21
10:2.5.18 11:15 12;8 13:3-4,6 15:1- Whether Year
Uni-Mart 2 16:21 17:12.19 18:1,6-7.10,12.17- [28] 6:5 16:22 17:12 22:12 24:2 25:
[1] 10:12 19,21 20:21 21:3,15-16,25 22:6.19. 15 28:15-17 31:18 35:19 36:14 44:18, [4] 9:14 15:20 16:10 48:3
23,25 23:1.7-8.14.18,24 24:1-2,4.13- 23 49:19 52:2-3 56:7 58:4.25 59:8 Years
Unit 14.16,20 25:6-7.9,22 26:1.4 27:19 61:12,18 63:23 72:11 76:7-8 84:14 [5] 9:13 29:25 47:5,7-8
[9] 23:19,24 57:8.13 58:11 63:12 76: 28:5,14,16-17 30:24 31:1.6.8.10 32: Which Yes
6 81:16 83:8 6 34:2,11 35:18-19 36:5.10.12-13.17.
Un i t s 19,23-25 37:24 38:12.19-21 39:9.14. [21] 7:21-22 10:7.12.17 11:7,11 13: [98] 10:2.16.22 12:16-17 15:3 18:5,
[3] 69:9-10,14 16-17,20 40:1-2.15-16,18,24 41:5.7 14 15:1 16:1 40:2 42:5 45:1-2 52:19 12.16 19:18 21:10-11,20 23:16 24:23
42:5,7,12,19 43:9 44:18,23.25 45:1- 62:23 70:3 75:8 79:9 84:12 87:11 25:5,19 26:8,11,13,15 30:8.22,24 31
Unle s s 3.23 46:3 48:1-2 50:21,24 52:3.13 Whi me 5,8.22.25 32:2,8.14 34:19.22 35:10
[3] 12:21 16:7 34:10 53:3.15,23 54:15 55:5 57:7,12 58:4. [3] 16:13 24:13 33:24 36:24 37:24 38:18 40:18 42:18 43:18
Un steady 10-12 59:6,15-16 60:21 61:6.15 63:8, 44:5 47:4.10.17.20 49:3,22 50:9-10.
17.20 64:13 65:7.15 66:19-20 67:7, Who 23 51:11 52:15.21 56:1 57:3.9.20 58:
[1] 12:8 23-24 68:20 69:10,16.20-21 71:12 72: [6] 4:21 17:24 31:17 35:18 69:9 77: 1.14 59:23 61:23 62:4.12.18.21 63:9
Until 11 73:3,6.9,11 75:23-24 77:23 78:24 20 64:2 65:8,21 68:23 69:2.7.12.25 70
[4] 37:12.15 42:2 84:15 79:9.11.16,19 80:14,17.22 84:2 85: Who i e 7,9.20 71:12,16,20 72:19 73:21 74:9,
23 86:11 12.22 75:16 78:21 79:1 81:1.5.18 82:
Unusually Wasn't [1] 27:21 24 83:7,15 84:25 87:23-24
[2] 36:11,19 [3] 50:24 56:21 58:11 Why Yet
[21] 8:8 11:7 12:17 13:23 16:19 23: [1] 8:13
Up Watching 18,23,25 24:3 33:24 41:10 46:2 50:
[20] 25:1 37:13 40:23 41:21 51:16 YOU
52:8 53:18 54:4 56:14 57:16 58:19 [1] 33:7 18 53:18,21 59:16 71:22 72:22 73:19
60:12,20 61:11 62:16 69:24 70:22 73: Way 81:19.21 [384] 4:23 5:18 7:5 8:14,18 9:9,8.
5 81:2,13 [4] 17:8 28:6 85:4,14 Wi 1 1 11,19,23.25 10:3.10,15,20 11:4,9,18.
24-25 12:6,22 13:1,5,11,17.20 14:8,
!Up on Ways [100] 4:6 5:13,16,19.22 6:2 8:6 9: 10,12-13.19 15:6,11,13,16,18,21 16:
13 12:19 15:11,19 16:8-9 18:20 27: 3,5,7,15.17 17:3.24 18:3 19:15,19
[4] 10:10 35:15 53:13 86:2 [1] 61:11 20 29:13 33:11 34:4,8,12,15,24 36: 20:16,22 21:2,6,9,12,15.17,19,21 22:
US We 19-20 37:14,17.25 38:1 39:2 40:5.13 3~11,17-18 23:18 24:4.18.22,25 25:
[8] 26:23-24 36:3 48:19 70:21 74:13 [75] 4:6,15-16.20 5:5 6:8.19,22 7:1- 42:23-24 43:14 48:22,25 49:6-7.11- 15-17,22 26:1.6.9.14.22 27:4-5,11.
75:5 81:13 3.8-9 8:8 9:21 14:21 16:20,23 17:9. 12 50:1.5 51:10,17-18 52:12 53:5 54: 16.23.25 28:21 29:4-5.13.19.23 30:1
Us e 16,24 18:8 30:16 31:11.16 32:5-6,10. 4,9 57:3.9,14.16-17,19 61:11 63:7. 6.9.11,14,20.23.25 31:3.9.14,20-21.
[4] 41:22 48:2,4 66:5 22.24 33:3.10,15.18.20.24 34:4 35:8, 13.15-16 64:4.9.23 65:6 67:3.6,12. 23 32:4.12,17 33:16.25 34:1.21 35:2
15 68:17 71:19 73:17-18 75:9.12,18 11.15.22 36:2-3.6.14 37:7.14-15,18-
16-17.21.25 37:4,17 38:8 39:10,13. 76:6.13-14 77:11,14 78:9.19.22-24
Us e d 25 40:1.6 41:21 44:13,19 46:22-24 19.22 38:2.6.10.17.22 39:6.11-15.20,
[12] 23:8 24:14-15 32:5-6,11 48:22- 48:3-4 50:16-17 51:25 92:19 53:9 56: 80:22 81:2-3.16.18 83:8 85:16,19 87: 23 40:1.4,6.9.11,14.19 41:3.10.14.
23 55:22 62:9.15 63:25 19 60:13 80:21 82:20 84:16,20 85:1. 5.12.14 22 42:2,19.22 43:1.8,23-24 44:10 45:
Using 7,12 87:4 Willing 8,12,15-16 46:8,16,19,22 47:2,5,8,
[7] 14:12 31:23 38:10 41:20 48:3 65: We ' 11 [1] 36:5 11,15,21 48:13,17.19 49:1,5,7,9-10,
16,19,23-24 50:6,11,14-15.18,20-21
18 76:3 [5] 5:1 42:3 84:14 85:21 87:7 Window 51:21,25 52:2,13,16.23 53:7.14 54:
V We ' r e [1] 11:6 13-14.23 55:4.9,13,21-22,24 56:5,7,
[3] 62:23 67:9 84:9 Wi s h 11,13,19 58:2-3,5,8-9.12-13,16.19
59:17,19 60:2-4,7,24 61:2,14,18,20-
Valid We've [3] 29:5 34:i7 82:17 21,24 62:2-3,5,11,14-17 63:1-2,10,
[6] 38:15 39:11 42:4 73:1,10 [1[ 63:22 With 22-23 64:8,19 65:5-6,9,15 66:7-8.17,
Validity Wearing [72] 4:7 5:14.22 9:9 15:23 19:19.25 23 67:6-8,10 68:5,15-16.21,24 69:3-
[1] 28:23 [1] 10:23 ~1:4 25:16-18,24 26:1-2,9,22-23 27: 4,9,13.16-18,23 70:1-2.6,8,14,16,18.
28:7.17 30:1 31:3,6,10 32:17-18 21,24 71:7,9,13-14,17-18,21-22 72:1,
Valuable Wel 1 33:25 34:6 35:3,9,11 36:3 37:18-19 3,11-12,15-16.22 73:22-23,25 74:15
[1] 80:8 [14] 7:25 15:5 33:6 34:10 47:24 48: 38:8 41:5,7,13,15,21 43:13 45:22,24 75:7~I2-13,15,17-18 76:12,17,24 77:
Value 17 55:25 56:22 57:2 61:7,24 70:6 72: 46:13,19 47:15,18 51:13 51:1 59:6 12,21 78:2-5,8,17-19,22-23 79:10,13~
25 84:22 61:19,21 64:8,22 66:3 68:6 69:21 71: 16,18.21-23 80:24-25 81:11-12,19,22-
[10] 63:8 64:6 73:6 78:24 80:11,14 7,10,17 74:21,23 79:10 80:25 81:14 23 82:1,9-10.16-17,19,22,25 83:5,13,
81:2-3 83:9 Went 84:9-10 85 16-17.22 84:23 85:2,6 87:24-25
:4,11.16,19 87:21
Van [13] 13:23 30:16 41:24 44:24 50:18 Withdraw You' 11
[4] 10:8 11:13,17 12:9 ~:9 60:12 62:5 72:25 73:4,10,12 80: [2] 8:6 20:5 [3] 15:10 29:12 42:1
Various Were Within You're
[1] 47:1 [66] 6:9-10 9:15,25 10:4 17:9 18:15 [3] 18:9 45:2 80:4 [12] 20:19 26:22 28:7 56:3 59:21 70:
Vehicle 24:18 28:2 30:11,19,21,25 31:9,11, Without 21 71:20 72:17 73:16 81:12,15 82:9
[10] 10:11.15417,21 12:4.7 15:16 44: 20.23.25 32:1-2 35:8.19 38:10 39:14, [8] 12:25 17:4.14 21:10 25:17 27:8 YOU 'ye
15 25 44:19 49:5.7 50:17.20 52:16.20
28:4 84:13 [8] 38:21 40:4 47:5.18 61:8 62:3
Verbal ~:9 54:14 56:13,19 60:5,13 61:15
:16-17 65:5 68:5,21,24-25 69:4,9, Witness Your
[4] 33:16 34:7.12 87:13 23 70:2,7 71:23 72:3,11,15 73:22-23 [50] 4:21 9:21 13:8 14:5 15:8,12 17: [94] 4:15-16,18,24 5:4,13 6:12,19 7:
V e r i f i ed 75:7.22 77:21 79:13 83:16,21 25 18:5,7.12,16,19 19:1,4,7 20:9 28: 1,6.8.11.14.16.22,25 8:5,20 9:5-6
[1] 44:25 We r e n! t 20,22 29:3,5 30:8 32:5.8,10,14 33: 12:17 14:1 15:19 16:8-9.11 17:11.21
Versus [1] 40:1 19 38:12.14 39:18 42:18,21 43:3,20 19:23-24 20:25 22:10.15 24:1 25:9.
44:5 46:5-6,11 54:16 55:17 57:16,20 18 28:11 29:10.19-20 30:7,12 31:6,
[1] 28:9 Wesley 60:18,20 62:22 66:6 72:7,9 80:3 82: 10 32:18 34:19,23 35:8 36:2 37:16
We ry [2] 86:24 87:19 17 86:18 39:3 40:16 42:3 43:4,6 45:14 46:4,
51:2 52:21 53:13 58:22 59:5 60:3,
[5] 36:18 45:19 57:17 59:5 77:20 West Witnesses ~ 61:8 65:7.17.24 66:8 68:9,11 71:
Vi deo [8] 9:9.11.13,19 13:15 31:1.12 35:13 [6] 4:20.24 5:2 34:10-11 86:12 8,10 74:3 76:2 77:8.20,23 78:2,8,14
[1] 15:1 What Won,t ]9:5 80:17,25 81:22.25 82:23-24 83:
84:18 87:23-24
Videotape [146] 6:1,6-7,22 8:3 9:18-19 10:3. [1] 49:10
[11] 15:2 31:6 32:21 33:7.9 34:8.16 10 11:4.9.25 13:1.5.11.17.20 14:19. Wonder Z
20:1 21:2 23:3 27:3-5,8 30:1,14 Z e r 0
View 31:9-1o 32:3 33:1,8,11,19 35:15,18, Word
[2] 33:14 85:13 21 36:3,12-13,17-18 37:2,7,21 38:6, [3] 48:16 49:11 [26] 63:12-13.17 64:4-5,10.15,24 70:
6.8 83:8
Visual 10 39:6,16,20,23 40:22 41:2,22 42: Words
11 44:10.20 45:21.24 46:17,19.25 47: Z e roe s
[2] 74:21,25 2 48:13,17 49:16 50:15.18,21 51:16, [4] 24:24 25:3 44:2 63:12 [2] 70:7 73:4
Visuall~ 18 52:10 53:10,14 54:11,15,19,22,24 Work Zone
CERTIFICATION
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.
y/6~. ~inger~___~
Of fic~ourt '~eporter
The foregoing record of the proceedings on the
hearing of the within matter is hereby approved and
directed to be filed.
Date
J.~esley Ol~,~J~.; oL.,
89
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL STERNICK,
Petitioner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
NO. CI-02-3813 CIVIL
LICENSE SUSPENSION APPEAL
ORDER
AND NOW, this day of ., 2003, upon
consideration of the Motion to Sustain Appeal of the Department of Transportation, Bureau
of Driver Licensing, the license suspension appeal of Petitioner in the above-captioned
matter is hereby SUSTAINED. The Department shall RESCIND the license suspension at
issue in this matter.
BY THE COURT:
Jo
Attest:
John B. Mancke, Esquire, 2233 N. Front Street, Harrisburg, PA 17110
Neal T.Brofee, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel,
1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL STERNICK,
Petitioner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
NO. CI-02-3813 CIVIL
LICENSE SUSPENSION APPEAL
MOTION TO SUSTAIN APPEAl.
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW your Respondent, the Commonwealth of Pennsylvania,
Department of Transportation, Bureau Driver Licensing (Department), by and through its
attorney, Neal T. Brofee, Esq., and moves that this Honorable Court sustain Petitioner's
above-captioned license suspension appeal and represents the following reasons:
1. By official notice dated July 10, 2002, the Department of Transportation
suspended Petitioner's operating privileges effective August 14, 2002 for refusing to submit
to a chemical test on June 21, 2002.
2. Petitioner filed a timely appeal from the aforementioned notice of suspension
on August 8, 2002 in this Honorable Court.
3. A hearing on this matter was held before this Honorable Court on February 26,
2003. The Court adjourned the heating before the Department completed its case-in-chief
and continued the matter until June 5, 2003.
4. Based upon the evidence adduced at the February 26, 2003 hearing, and further
investigation by counsel for the Department, the Department concludes that it will be unable
to produce sufficient evidence to meet its burden in this matter.
5. Counsel for Petitioner does not oppose this motion.
WHEREFORE, the Department respectfully requests that the Court sustain
Petitioner's license suspension appeal.
Respectfully submitted,
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 78%2830
DATE: March 6, 2003
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL STERNICK,
Petitioner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
NO. CI-02-3813 CIVIL
LICENSE SUSPENSION APPEAL
CERTIFICATE OF SERVICE
I hereby certify that I am on this day servinga copy of the Department's Motion
To Sustain Appeal upon the person, and in the manner, indicated below, which satisfies
the requirements of the Pennsylvania Rules of Civil Procedure:
By first class letter, postage pre-paid
John B. Mancke, Esquire
Mancke, Wagner & Tully
2233 N. Front Street
Harrisburg, Pennsylvania 17110
Neal T. Brofee, Esquire
Attorney ID #81319
Assistant Counsel
Office of Chief Counsel
Riverfront Office Center
1101 South Front Street.
Harrisburg, PA 17104-2516
(717) 787-2830
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL STERNICK,
Petitioner
Vo
COMMONWEALTH OF PENNSYLVANIA,
DEPARTMENT OF TRANSPORTATION,
BUREAU OF DRIVER LICENSING,
Respondent
NO. CI-02-3813 CIVIL
LICENSE SUSPENSION APPEAL
.ORDER
AND NOW, this /~ day of I~[ ~L, ~/i~ , 2003, upon
consideration of the Motion to Sustain Appeal of the Department of Transportation, Bureau
of Driver Licensing, the license suspension appeal of Petitioner in the above-captioned
matter is hereby SUSTAINED. The Department shall RESCIND the license suspension at
issue in this matter.
BY THE COURT:
Attest:
John B. Mancke, Esquire, 2233 N. Front Street, Harrisburg, PA 17110
Neal T.Brofee, Esq., Pennsylvania Department of Transportation, Office of Chief Counsel, z~- t y- 0_3
1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516