Professional Documents
Culture Documents
INVESTIGATIVE HEARING
BEFORE JUSTICE MAJOR HARDING
VOLUME I
DATE:
TIME:
REPORTED BY:
Kimberly S. Bartholomew
Court Reporter
APPEARANCES:
I N D E X
OPENING STATEMENTS
PAGE
By University
21
By Respondent
29
By Complainant
38
6
7
8
WITNESS
PAGE
Complainant
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43
11
53
12
56
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15
16
17
Witness One
Direct Examination by Justice Major Harding
67
Witness Two
Direct Examination by Justice Major Harding
72
Witness Three
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75
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79
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80
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87
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ACCURATE STENOTYPE REPORTERS, INC.
INDEX OF EXHIBITS
CLAIMANT'S
DESCRIPTION
PAGE
Exhibit 4
70
Exhibit 5
73
RESPONDENT'S
DESCRIPTION
Exhibit 1
Photograph
54
10
Exhibit 2
Photograph
54
11
Exhibit 3
Photograph
54
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7
PAGE
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CERTIFICATE OF REPORTER
ACCURATE STENOTYPE REPORTERS, INC.
90
* * * * * * * * * *
JUSTICE HARDING:
All right.
Counsel,
point.
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MR. KERR:
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JUSTICE HARDING:
Although, I
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MR. KERR:
They are.
They are.
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JUSTICE HARDING:
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We
relationship?
MR. KERR:
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faith in her.
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JUSTICE HARDING:
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MR. KERR:
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Okay.
employee.
JUSTICE HARDING:
All right.
Anyone wish to
speak to that?
MR. CORNWELL:
I'm curious.
Certainly at
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1
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JUSTICE HARDING:
a witness?
MR. KERR:
MR. CORNWELL:
JUSTICE HARDING:
MR. CORNWELL:
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MS. BUKANC:
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JUSTICE HARDING:
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MR. CORNWELL:
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Okay.
objection.
JUSTICE HARDING:
Okay.
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And
And,
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witnesses.
The procedure that you outlined about
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JUSTICE HARDING:
That's my understanding of
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MR. CORNWELL:
Not particularly.
I guess we
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with that.
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JUSTICE HARDING:
That's right.
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JUSTICE HARDING:
MR. CORNWELL:
No, no.
Respondent will be
with us.
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JUSTICE HARDING:
Yeah.
MS. JACKSON:
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an advisor?
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Ms. Pruitt?
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MR. CORNWELL:
anticipate.
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Sure.
MS. JACKSON:
Okay.
you.
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JUSTICE HARDING:
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MR. KERR:
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No.
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MR. CORNWELL:
No,
with Respondent.
understand that.
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MS. BUKANC:
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MS. JACKSON:
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that.
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out first.
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We intend to
MR. CORNWELL:
Yeah.
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Respondent.
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apologize.
ACCURATE STENOTYPE REPORTERS, INC.
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MS. JACKSON:
Respondent.
MR. CORNWELL:
MS. JACKSON:
Yes.
I think that it would work
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both parties.
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MR. CORNWELL:
this room --
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MS. JACKSON:
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MR. CORNWELL:
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Okay.
-- and Mr. Levine will be
Okay.
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that.
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MR. CORNWELL:
Okay.
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MS. BUKANC:
information session.
of that session.
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MR. CORNWELL:
MS. BUKANC:
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in this room.
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swapping.
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Understood.
MR. CORNWELL:
leave?
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JUSTICE HARDING:
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MR. CORNWELL:
Yes.
I got that.
Okay.
In which
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JUSTICE HARDING:
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MS. BUKANC:
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MR. CORNWELL:
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Yes.
Right.
Right.
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MR. CORNWELL:
MS. BUKANC:
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afternoon transcript?
MS. JACKSON:
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It's really up to
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JUSTICE HARDING:
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MR. CORNWELL:
And I would
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JUSTICE HARDING:
Certainly.
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MR. CORNWELL:
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heavily.
moving.
He is good.
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that regard?
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MR. KERR:
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do have a concern.
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person.
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I don't know
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MR. CORNWELL:
JUSTICE HARDING:
MS. BUKANC:
I didn't hear.
MS. JACKSON:
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We can.
JUSTICE HARDING:
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MS. BUKANC:
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JUSTICE HARDING:
All right.
Then without
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MR. KERR:
Understood.
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MR. CORNWELL:
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JUSTICE HARDING:
Anything further
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from --
MR. KERR:
JUSTICE HARDING:
MR. CORNWELL:
Mr. Cornwell?
No.
MS. JACKSON:
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first.
Complainant.
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MR. CORNWELL:
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MS. JACKSON:
Okay.
We will then move forward with
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this afternoon.
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MR. CORNWELL:
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MS. JACKSON:
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We have had
That is Witness
Okay.
And then we would start with the
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MR. CORNWELL:
we'll see.
JUSTICE HARDING:
MS. JACKSON:
JUSTICE HARDING:
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Okay.
Okay.
Very fine.
Well, then --
Are there
anything else?
MR. CORNWELL:
Honor.
Thank you.
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JUSTICE HARDING:
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MR. KERR:
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Okay.
Mr. Kerr?
Nothing further.
The first step in the
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But
MS. BUKANC:
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procedural.
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record.
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MR. CORNWELL:
or Counsel?
MS. BUKANC:
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directly.
read.
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MR. KERR:
As
MS. BUKANC:
MR. KERR:
MS. BUKANC:
Or Respondent.
And then once the Complainant
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statement --
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MR. KERR:
Okay.
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MS. BUKANC:
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JUSTICE HARDING:
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Proposed Orders.
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MS. BUKANC:
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JUSTICE HARDING:
Okay.
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opportunity to submit.
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MS. BUKANC:
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When the
When the
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MR. CORNWELL:
it work.
MS. BUKANC:
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JUSTICE HARDING:
Yeah.
Good.
anything?
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MS. EGAN:
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JUSTICE HARDING:
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MR. BAJOCZKY:
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JUSTICE HARDING:
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MS. JACKSON:
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That, hopefully,
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So
I have nothing.
Tony?
No, sir.
Okay.
Very well.
second.
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JUSTICE HARDING:
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about to conduct.
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And
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It is essential
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today.
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And,
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sexual misconduct.
ACCURATE STENOTYPE REPORTERS, INC.
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proceedings.
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RESPONDENT:
MR. KERR:
JUSTICE HARDING:
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COMPLAINANT:
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JUSTICE HARDING:
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All right.
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MS. EGAN:
At the College of
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RESPONDENT:
Complainant.
recollection.
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JUSTICE HARDING:
All right.
We'll be glad to
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sexual misconduct.
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correct?
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RESPONDENT:
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JUSTICE HARDING:
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Yes, sir.
And so you understand the
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now?
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these proceedings?
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RESPONDENT:
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COMPLAINANT:
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JUSTICE HARDING:
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MR. KERR:
RESPONDENT:
MR. CORNWELL:
JUSTICE HARDING:
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MR. CORNWELL:
No.
The investigative
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November 20th.
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JUSTICE HARDING:
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will be considered.
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MR. CORNWELL:
Okay.
record.
JUSTICE HARDING:
All right.
And
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We will begin.
Your opening
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JUSTICE HARDING:
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MS. JACKSON:
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while he is here.
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JUSTICE HARDING:
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MS. JACKSON:
Okay.
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is agreeable.
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JUSTICE HARDING:
All right.
If everyone
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then Respondent.
ACCURATE STENOTYPE REPORTERS, INC.
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1
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MS. JACKSON:
MR. CORNWELL:
I see.
MS. JACKSON:
MR. CORNWELL:
JUSTICE HARDING:
Okay.
MR. CORNWELL:
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JUSTICE HARDING:
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RESPONDENT:
Certainly.
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my recollection.
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case.
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I apologize
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I have no
Complainant.
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Many
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31
minutes.
number.
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my phone.
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friends.
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Complainant's number.
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I did not
I did not
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leave.
I decided to send
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coming outside.
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I do not recall
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a taxi cab.
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happening.
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us voluntarily.
The taxi cab ride to my apartment took roughly
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five minutes.
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cheerful, talking.
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our apartment.
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I eventually asked
We were
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on me.
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her clothing.
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we changed positions.
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consensual.
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Complainant.
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door was broken and did not close all the way or
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lock.
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returned to my bed.
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In fact, after
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privacy.
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Complainant asked
While in the
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At
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she told me that her place was not far from mine.
on my scooter.
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Hall.
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She was
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me.
expressing it to me.
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rape.
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accusing me of rape.
JUSTICE HARDING:
Complainant.
an opening statement?
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COMPLAINANT:
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Thank you.
for that?
MS. BUKANC:
Yes.
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MR. KERR:
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COMPLAINANT:
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Okay.
Great.
Okay.
Thank you.
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COMPLAINANT:
If
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University.
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In
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MR. KERR:
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COMPLAINANT:
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Slow it down.
Okay.
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changed my life.
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Over the
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There
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less clear.
that evening.
clearly.
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clearly.
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I remember
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football team.
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happened to me.
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But I can't
do that.
My choices are to go away and pretend like
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accountable.
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But I have
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My life,
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Thank you.
Okay.
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online.
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FSU.
I would
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me.
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Respondent's career.
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heard.
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school.
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for it.
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happened.
celebrity in NFL.
But if
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it.
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charges.
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JUSTICE HARDING:
Thank you.
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witness.
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(indicating).
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COMPLAINANT:
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Yes.
DIRECT EXAMINATION
BY JUSTICE HARDING:
Q
44
Okay.
them.
happened at Potbelly's.
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may do so.
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Okay.
MR. KERR:
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sworn testimony?
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JUSTICE HARDING:
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Yes.
But is -- this is
MR. KERR:
A
Okay.
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45
All right.
Okay.
true.
the case.
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I never consented.
He never told me his name.
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I tried
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I kept telling
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and I'm pretty sure that the guy who gave me a shot of
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I have no
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there and seen the guy at the bar was wearing a red
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Yes.
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MR. KERR:
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THE WITNESS:
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Okay.
there that night and seen the guy at the bar was wearing
ACCURATE STENOTYPE REPORTERS, INC.
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been wearing.
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THE WITNESS:
This one?
MR. KERR:
THE WITNESS:
No.
Okay.
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BY JUSTICE HARDING:
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His account of
Okay.
Thank you.
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Okay.
To what extent?
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tell you --
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shot at the bar which would have been the first time
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A shot of alcohol.
ACCURATE STENOTYPE REPORTERS, INC.
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A shot of alcohol?
Yes.
Okay.
What kind?
that evening?
Yes, sir.
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Okay.
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kind of hazy.
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scared.
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All right.
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Scared because these are three men who I've never met
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night?
I was leaving or --
Witness Four.
And it wasn't
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Okay.
And
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JUSTICE HARDING:
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MR. BAJOCZKY:
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JUSTICE HARDING:
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But I would
No, sir.
Okay.
I have no further
questions.
All right.
Maybe I do.
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BY JUSTICE HARDING:
Q
Okay.
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Okay.
room?
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Yes.
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Okay.
that evening?
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No.
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THE WITNESS:
JUSTICE HARDING:
Okay.
Thank you.
Through Counsel does
Judge.
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JUSTICE HARDING:
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MR. CORNWELL:
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MS. BUKANC:
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JUSTICE HARDING:
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Okay.
All right.
Shall we take
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MS. BUKANC:
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JUSTICE HARDING:
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That's correct.
Yes.
Okay.
Thank you.
You may
then be excused.
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MR. CORNWELL:
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MS. JACKSON:
Thank you.
We wanted to get some
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1
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phone.
Presently we have Respondent in another room
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phone.
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JUSTICE HARDING:
that?
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MR. CORNWELL:
No.
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MS. JACKSON:
Okay.
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JUSTICE HARDING:
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MR. CORNWELL:
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really.
MS. JACKSON:
Understood.
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MS. JACKSON:
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Okay.
Okay.
I just wanted to
appreciate that.
JUSTICE HARDING:
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ask.
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MR. CORNWELL:
Okay.
Your Honor.
JUSTICE HARDING:
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JUSTICE HARDING:
13
Okay.
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Thank you.
CROSS EXAMINATION
BY JUSTICE HARDING:
Q
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Yes.
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But if you
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several cabs.
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Okay.
Counsel, too.
ACCURATE STENOTYPE REPORTERS, INC.
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Potbelly's?
Yes, sir.
Okay.
MR. KERR:
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identification.)
BY JUSTICE HARDING:
Q
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that correct?
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No.
Oh.
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the left?
A
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JUSTICE HARDING:
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I assume.
Yes.
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Okay.
MR. CORNWELL:
JUSTICE HARDING:
MR. CORNWELL:
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Okay.
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BY JUSTICE HARDING:
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Okay.
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Yeah.
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of terror.
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All right.
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Yes.
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JUSTICE HARDING:
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Okay.
REDIRECT EXAMINATION
BY JUSTICE HARDING:
Q
Is that true?
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No.
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of the evening?
A
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Okay.
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And I
messages.
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the cab, did you have any other way to get home?
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How
Okay.
Help me understand.
Now I believe
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after the alleged assault you were dressed and you got
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Yes.
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scooter.
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see him or --
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pertaining to -Q
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JUSTICE HARDING:
10
Ms. Bukanc, do
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All right.
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it was.
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And
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didn't have.
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But
So I believe that
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my pocket.
Okay.
Yes.
Okay.
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Okay.
13
way, but did you ever verbally make it known to the cab
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cab?
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JUSTICE HARDING:
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MS. BUKANC:
Okay.
All right.
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COMPLAINANT:
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MS. BUKANC:
Right.
That's fine.
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intimidation piece.
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it.
intimidated?
COMPLAINANT:
MS. BUKANC:
10
Right.
And that's when it started, that
11
COMPLAINANT:
12
MS. BUKANC:
Right.
But from your statements and from
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exactly means.
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COMPLAINANT:
Okay.
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MS. BUKANC:
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COMPLAINANT:
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with them.
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done.
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before.
Is that okay?
Yeah, that's fine.
62
situation.
If that helps.
JUSTICE HARDING:
All right.
Thank you.
Anything further?
be Respondent --
10
MS. BUKANC:
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MR. KERR:
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JUSTICE HARDING:
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MR. KERR:
15
BY JUSTICE HARDING:
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Oh, right.
I did.
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Okay.
And I
license?
A
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Yes.
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that.
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Okay.
That's fine.
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Anything else?
15
All right.
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MR. CORNWELL:
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JUSTICE HARDING:
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Thank you.
We might.
Do you want to confer with
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MR. CORNWELL:
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MS. BUKANC:
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MR. CORNWELL:
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JUSTICE HARDING:
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Thank
Yes.
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1
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BY JUSTICE HARDING:
Q
witness.
MR. CORNWELL:
JUSTICE HARDING:
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BY JUSTICE HARDING:
Q
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12:50.
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MR. CORNWELL:
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JUSTICE HARDING:
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No,
12:50.
12:50.
BY JUSTICE HARDING:
Q
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that before --
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JUSTICE HARDING:
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MR. CORNWELL:
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Was
After.
BY JUSTICE HARDING:
Q
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is that correct?
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65
Okay.
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Okay.
help me.
In what respect?
About this.
It would
All right.
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Okay.
Yes.
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JUSTICE HARDING:
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MR. CORNWELL:
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JUSTICE HARDING:
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witness?
MR. CORNWELL:
Honor.
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MR. KERR:
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JUSTICE HARDING:
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Okay.
I think it would
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MS. BUKANC:
JUSTICE HARDING:
MS. BUKANC:
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7
Okay.
Will you arrange for that?
Well, yes.
on mute?
(A break was taken off the record from
3:10 p.m. to 3:22 p.m.)
JUSTICE HARDING:
case.
Have a seat.
Greetings.
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WITNESS ONE:
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JUSTICE HARDING:
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WITNESS ONE:
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JUSTICE HARDING:
Yes, sir.
All right.
As a student you
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WITNESS ONE:
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JUSTICE HARDING:
Yes, sir.
I would like to remind you
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Yes, sir.
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JUSTICE HARDING:
Okay.
WITNESS ONE:
JUSTICE HARDING:
MS. BUKANC:
Yes, sir.
All right.
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JUSTICE HARDING:
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of the folks.
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WITNESS ONE:
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Okay.
DIRECT EXAMINATION
BY JUSTICE HARDING:
Q
All right.
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or 7th of 2012.
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68
correct?
Yes, sir.
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5
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7
question.
Q
Okay.
proceeding?
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Yes, sir.
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JUSTICE HARDING:
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MS. BUKANC:
14
Okay.
Very fine.
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MS. BUKANC:
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JUSTICE HARDING:
Very well.
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write --
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MS. BUKANC:
questions directly.
JUSTICE HARDING:
Hum?
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1
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MS. BUKANC:
directly.
JUSTICE HARDING:
MS. BUKANC:
JUSTICE HARDING:
MS. BUKANC:
Yes.
And Complainant?
Yes.
written.
JUSTICE HARDING:
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Okay.
MR. CORNWELL:
Okay.
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MR. KERR:
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respond to.
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JUSTICE HARDING:
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MS. BUKANC:
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MR. CORNWELL:
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MS. BUKANC:
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All right.
Very well.
Thank you.
Could we have a copy?
you?
MS. EGAN:
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questions.
70
JUSTICE HARDING:
MS. EGAN:
JUSTICE HARDING:
That's right.
These are
That's different.
And so we can ask these
MR. CORNWELL:
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MS. EGAN:
11
MR. CORNWELL:
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Yeah.
I just want to make sure we get
a copy.
MS. EGAN:
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categorized.
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JUSTICE HARDING:
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questions.
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Very well.
Exhibit 4.
(Complainant's Exhibit 4 was marked for
identification.)
MR. KERR:
71
close.
MS. EGAN:
JUSTICE HARDING:
MR. CORNWELL:
JUSTICE HARDING:
MS. JACKSON:
witness.
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JUSTICE HARDING:
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WITNESS TWO:
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JUSTICE HARDING:
16
Number 4.
excused.
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10
Number 4?
Yes, sir.
And are you a student at
FSU?
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WITNESS TWO:
Yes, sir.
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JUSTICE HARDING:
Okay.
My name is Major
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past.
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WITNESS TWO:
Yes.
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JUSTICE HARDING:
72
WITNESS TWO:
No.
JUSTICE HARDING:
All right.
proceeding.
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WITNESS TWO:
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JUSTICE HARDING:
Yes, sir.
And I would like to remind
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WITNESS TWO:
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Yes, sir.
DIRECT EXAMINATION
BY JUSTICE HARDING:
Q
Okay.
what it is about.
73
regard.
5
6
Okay.
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You do that.
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Yes.
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Yes, sir.
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JUSTICE HARDING:
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MR. KERR:
All right.
Do you have a
We
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JUSTICE HARDING:
Exhibit 5.
(Complainant's Exhibit 5 was marked for
identification.)
JUSTICE HARDING:
anything?
MR. CORNWELL:
74
MS. BUKANC:
Yeah.
MR. CORNWELL:
JUSTICE HARDING:
Thank you.
WITNESS TWO:
MS. EGAN:
10
Very well.
Thank you.
Thank you.
MS. JACKSON:
11
of minutes.
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MR. CORNWELL:
Who is that?
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MS. JACKSON:
Witness Three.
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JUSTICE HARDING:
this correct?
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WITNESS THREE:
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JUSTICE HARDING:
21
Yes.
Okay.
FSU?
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WITNESS THREE:
Yes.
23
JUSTICE HARDING:
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proceeding.
WITNESS THREE:
JUSTICE HARDING:
Yes.
And you understand that this
THE WITNESS:
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JUSTICE HARDING:
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WITNESS THREE:
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Yes, I do.
DIRECT EXAMINATION
BY JUSTICE HARDING:
Q
Okay.
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non-consent to Complainant?
21
Yes.
22
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2012.
25
that there was contact made and you went to see her; is
76
that correct?
Yes.
On the 7th?
Yes.
Okay.
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And it
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all right.
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like the whole time I was driving over just telling her
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was.
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77
Apartments.
In the car?
Yeah.
Okay.
7
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her quarters?
A
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like ask her what happened, but she was like really
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together.
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said like it's fine, like we're not mad at you, call the
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police.
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78
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4
Okay.
Maybe 20.
on the bed.
happened.
whole thing.
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head hurt.
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I don't know.
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Okay.
15
Like I could
police?
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Uh-huh.
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Okay.
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And --
MR. CORNWELL:
I'm sorry.
79
BY JUSTICE HARDING:
4
5
Okay.
It was a woman.
Okay.
11
in the morning.
13
10
12
Do
Like the
Okay.
I went to the
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JUSTICE HARDING:
Okay.
17
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witness?
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MR. CORNWELL:
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I think we do.
CROSS EXAMINATION
BY JUSTICE HARDING:
Q
assaulted her?
24
Yes.
25
80
big.
Yes.
10
Yes.
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time.
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fully remember.
16
Okay.
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JUSTICE HARDING:
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MR. KERR:
19
JUSTICE HARDING:
COMPLAINANT:
23
25
Very well.
Complainant, you
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24
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Okay.
Thank you.
CROSS EXAMINATION
BY COMPLAINANT:
Q
81
Hi.
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4
I was scared.
pajamas.
scared.
I was still in my
Okay.
I was
10
scared for your safety and for you more so than me.
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Okay.
police?
A
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matter what.
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Me
Okay.
Yeah.
You
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and like jumpy and huggy and stuff, and that wasn't how
82
you were.
occurred.
Okay.
distressed as that?
No, never.
may have seen you is studying for like a chem exam which
10
11
12
Okay.
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phone.
17
Okay.
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Like I feel like I could hardly like get any words out
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of you that's why the whole time on the phone you were
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25
83
talked for a few minutes and you were still like very
from the phone call because on the phone call you were
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room you like -- you seemed like you had kind of like
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You were
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hysterical or scared.
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me, you had said that you had like genital pain.
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Okay.
84
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been raped?
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No.
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You were
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About this?
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Okay.
We've
But not --
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background.
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85
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parents.
Q
Okay.
Okay.
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10
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What
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happened.
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tell me.
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COMPLAINANT:
have.
Okay.
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WITNESS THREE:
21
JUSTICE HARDING:
22
Of course.
Thank you.
Respondent, do
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MR. CORNWELL:
We do.
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JUSTICE HARDING:
25
MS. EGAN:
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it.
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JUSTICE HARDING:
If we have it.
an authenticated copy.
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JUSTICE HARDING:
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MR. BAJOCZKY:
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MR. KERR:
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MR. BAJOCZKY:
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MS. EGAN:
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interview.
MS. EGAN:
hurt my feelings.
JUSTICE HARDING:
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MR. BAJOCZKY:
25
Is this --
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JUSTICE HARDING:
18
We have it.
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Here.
Okay.
87
then --
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3
MR. BAJOCZKY:
with?
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MS. EGAN:
JUSTICE HARDING:
questions?
RESPONDENT:
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6
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CROSS EXAMINATION
BY RESPONDENT:
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With Complainant?
13
Yeah.
14
Yes.
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think she was just kind of crying out for help from
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What?
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Yes.
ACCURATE STENOTYPE REPORTERS, INC.
So I
88
Okay.
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6
not positive.
Q
Yes.
RESPONDENT:
JUSTICE HARDING:
MR. CORNWELL:
Okay.
JUSTICE HARDING:
11
MS. BUKANC:
13
JUSTICE HARDING:
15
COMPLAINANT:
16
JUSTICE HARDING:
You may be excused.
18
WITNESS THREE:
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JUSTICE HARDING:
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Anything else?
has anything.
anything further?
21
Very fine.
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Is that all?
Yes.
10
12
I'm
Okay.
Yes, sir.
Is that agreeable?
MS. EGAN:
Yes, sir.
89
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MS. BUKANC:
talk briefly --
JUSTICE HARDING:
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ACCURATE STENOTYPE REPORTERS, INC.
90
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2
HEARING CERTIFICATE
STATE OF FLORIDA
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)
)SS:
COUNTY OF LEON
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My commission
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expires: 2/23/18
_______________________________
KIMBERLY S. BARTHOLOMEW,
Professional Court Reporter
Notary Public, State of Florida
Notary #FF080212
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ACCURATE STENOTYPE REPORTERS, INC.