SUSAN C.

SMITH, CCR
OFFICIAL COURT REPORTER
P.O. BOX 1333
MABLETON, GA 30126
770-948-6322
BILL TO
GILBERT FREEMAN
P.O. BOX 1691
AUSTELL, GA 30168
DESCRIPTION
TODD V. FREEMAN 14-CV-001301-TB
DATE HEARD: 4-30-14
Postage and Delivery
Invoice
DATE INVOICE#
5119/2014 12I73
Pages
PAULDING COUNTY SUPERIOR COURT
JUDGE TONNY S. BEAVERS
IN THE MATTER OF:
TERMS:
Rate Amount
70 3.78 264.60
6.00 6.00
Total $270.60
rt? Fl;-7 t;D
/cJ-9D
IN THE SUPERIOR COURT OF PAULDING COUNTY
STATE OF GEORGIA
JODY EBRIGHT TODD,
PLAINTIFF, CASE NUMBER
VERSUS 14-CV-1201-TB
ILBERT FREEMAN, JR. ,
DEFENDANT.
TPO HEARING
THE TRANSCRIPT OF THE PROCEEDINGS HEARD BEFORE
THE HONORABLE TONNY S. BEAVERS, COMMENCING AT
APPROXIMATELY 3:25 P.M., APRIL 30, 2014, AT PAULDING
COUNTY COURTHOUSE, DALLAS, PAULDING COUNTY, GEORGIA.
PPEARANCES OF COUNSEL:
ON BEHALF OF THE PLAINTIFF
PRO SE
ON BEHALF OF THE DEFENDANT
PRO SE
[?)W
L -
SUSAN C. SMITH
OFFICIAL COURT REPORTER
PAULDING JUDICIAL CIRCUIT
INDEX TO EXAMINATIONS
!wiTNESSES
JODY E. TODD
DIRECT TESTIMONY BY MS . TODD
CROSS-EXAMINATION BY MR . FREEMAN
STEWART
DIRECT EXAMINATION BY MR . FREEMAN
CROSS-EXAMINATION BY MS . TODD
REDIRECT EXAMINATION BY MR . FREEMAN
GILBERT FREEMAN
DIRECT TESTIMONY BY MR . FREEMAN
CROSS-EXAMINATION BY MS . TODD
E X H I B I T S
EXHIBITS
R-10
PAGE
8
13
29
45
46
47
58
MARKED/ADMITTED
18
2
1 P R 0 C E E D I N G S
2 THE COURT : AT THIS TIME I WOULD CALL THE CASE OF JODY
3 EBRIGHT TODD VERSUS GILBERT FREEMAN, JUNIOR, PAULDING
4 COUNTY SUPERIOR COURT CASE NUMBER 14-CV-1201 .
5 MS . TODD, I BELIEVE YOU' RE THE MOVING PARTY HERE .
6 YOU BROUGHT THE CASE.
7 MR. FREEMAN: YOUR HONOR?
8 THE COURT: WHAT ' S THAT, MR . FREEMAN?
9 MR. FREEMAN: BEFORE WE GET STARTED I'D LIKE TO
10 REQUEST THE COURT INVOKE THE RULE .
11 THE COURT: DO YOU KNOW WHAT HE'S TALKING ABOUT , MS .
12 TODD?
13 MS . TODD: THE WITNESSES?
14 THE COURT: UH-HUH (AFFIRMATIVE) .
15 MS. TODD: NO, SIR.
16 THE COURT : IT' S CALLED THE RULE OF SEQUESTRATION .
17 IT' S GENERALLY JUST REFERRED TO AS THE RULE . IF YOU HAVE
18 WITNESSES IN THE COURTROOM OTHER THAN YOURSELF, THOSE
19 WITNESSES WILL NEED TO HAVE A SEAT OUTSIDE .
2 0 OF COURSE, MR . FREEMAN, THAT SAME RULE WOULD APPLY TO
21 YOU. DO YOU HAVE WITNESSES IN THE COURTROOM?
22 MR. FREEMAN: YES , SIR. AND I WOULD ALSO ASK THAT
23 THE COURT DIRECT THE WITNESSES NOT TO CROSS CONGREGATE .
24 THE COURT: THEY' LL NEED TO HAVE THEI R -- CROSS
25 CONGREGATE . OKAY . YOUR WITNESSES WOULD ALSO HAVE TO HAVE
3
1 A SEAT OUTSIDE IN THE HALLWAY UNTIL CALLED . YOUR
2 WITNESSES, YOUR WITNESSES , WHOEVER YOU ARE OUT THERE,
3 BECAUSE I DON ' T KNOW WHO YOU ARE , YOU DON'T NEED TO
4 DI SCUSS THIS MATTER AMONG YOURSELVES . AS ONE OF YOU
5 TESTIFIES IN COURT , YOU DON' T NEED TO GO BACK OUT IN THE
6 HALLWAY AND TELL ALL THE OTHERS WHAT ' S TRANSPIRING. YOU
7 DON'T NEED TO DISCUSS THE MATTER AT ALL .
8 NOW, WHOEVER' S WI TNESSES ARE I N THE COURTROOM, YOU' LL
9 NEED TO GO HAVE A SEAT OUT IN THE LOBBY AREA THERE .
10 (WHEREUPON, THE WITNESSES LEAVE THE COURTROOM)
11 THE COURT: ANYTHING FURTHER, MR . FREEMAN?
12 MR. FREEMAN: NO, SIR.
13 THE COURT: MS. TODD, I BELIEVE YOU'RE THE MOVING
14 PARTY . YOU' RE THE ONE THAT BROUGHT THIS ACTION . IF YOU
15 HAVE AN OPENING STATEMENT THAT YOU WISH TO MAKE, AT THIS
16 TIME I ' LL LISTEN TO YOUR OPENING STATEMENTS . PLEASE BE
17 ADVISED THAT OPENING STATEMENTS DO NOT COUNT AS EVIDENCE .
18 THEY' RE ONLY TO GIVE ME SOME OVERVIEW OF WHAT THIS CASE IS
19 ABOUT. OPENING STATEMENT IS NOT REQUIRED . IF YOU CHOOSE
20 TO MAKE ONE , THAT'S FINE . IF YOU CHOOSE TO MAKE ONE ,
21 THAT' S FINE TOO. DO YOU HAVE AN OPENING STATEMENT THAT
22 YOU WISH TO MAKE?
23 MS. TODD: YES , SIR, I DO .
24
25
THE COURT : I ' M LISTENING, MA' AM.
MS. TODD: THE REASON I ASKED FOR THE PROTECTIVE
4
1 ORDER FROM MR. FREEMAN IS BECAUSE WE ARE CURRENTLY -- HE
2 IS CURRENTLY, I SHOULD SAY, APPEALING OUR RULING FROM OUR
3 CUSTODY HEARING, AND WE HAVEN'T REALLY HAD THAT MUCH
4 CONTACT OVER THE PAST TWO YEARS, BUT AFTER THE RULING I'VE
5 CONTINUED TRYING NOT TO HAVE CONTACT WITH MR. FREEMAN, BUT
6 HE STARTED TEXTING ME RANDOMLY WITH TICK- TOCK, TICK- TOCK
7 IN EMAILS AND MOST DISTURBINGLY GOING ON FACEBOOK PLACING
8 MY NAME, MY TITLE, WHERE I WORK, MY BOSS' NAME AND HIS
9 BOSS' NAME ON WEBSITES ON FACEBOOK, WHICH IS A DEFAMATION
10 OF CHARACTER. AND HE DOESN'T CARE THAT IF I LOSE MY JOB.
11 I'M SUPPORTING OUR DAUGHTER. I HAVE A HOME. I HAVE NEVER
12 ONCE ATTACKED HIM ON ANY SOCIAL MEDIA WEBSITE, NEVER USED
13 HIS NAME, HIS EMPLOYER'S NAME.
14 EVEN AFTER I RECEIVED THE T.P.O., IN I T IT STATES
15 THAT THE RESPONDENT IS NOT TO HAVE ANY TYPE OF CONTACT
16 WITH ME, BUT YET I RECEIVED TWO PACKAGES FROM HIS
17 RECEPTIONIST AT HIS EMPLOYMENT SENT TO MY HOME FROM MR.
18 FREEMAN. IT SAYS, "DIRECTLY OR INDIRECTLY I AM NOT TO
19 RECEIVE ANYTHING FROM MR. FREEMAN." AND HE STILL SENT TWO
20 PACKAGES TO MY HOME AFTER THE RECEIPT OF THE T.P.O.
21 THE COURT: OKAY. ANYTHING FURTHER IN OPENING,
22 MA'AM?
23
24
MS. TODD: NO, SIR, THANK YOU .
THE COURT: MR. FREEMAN, DO YOU HAVE AN OPENING
25 STATEMENT THAT YOU WISH TO MAKE?
5
1 MR. FREEMAN: YES, SIR. YOUR HONOR, I DID SERVE HER
2 COURT PAPERS THAT I SUBMITTED TO THE COURT. I BELIEVE
3 THAT THAT'S REQUIRED OF ME TO SERVE HER THE PAPERS OF THE
4 COURT, MY RESPONSE AND REQUEST FOR DOCUMENTS. AND SHE HAS
5 ANOTHER REQUEST FOR DOCUMENTS THAT -- FOR A NONPARTY. AND
6 I BELIEVE WHAT MS. TODD IS DOING IS SEEKING AN EQUITABLE
7 REMEDY TO A SITUATION THAT SHE FEELS SHE'S BEING DEFAMED
8 AS A LEGAL REMEDY TO LOWER THE BAR, I SHOULD SAY, BECAUSE
9 I'VE ONLY SPOKEN THE TRUTH.
10 OUR COUNTRY IS FOUNDED ON FUNDAMENTAL RIGHTS OF
11 SPEAKING FREELY AND PETITIONING FOR CAUSES. I BELIEVE
12 THAT'S UNDER THE FIRST AMENDMENT. AND I BELIEVE CODE
13 SECTION 16-5-92 PROTECTS THAT FIRST AMENDMENT RIGHT. SO
14 LONG AS I'M SPEAKING THE TRUTH, I DON'T THINK IT'S A
15 PROBLEM.
16 THE REASON I FEEL A NEED TO SPEAK THE TRUTH IS
17 BECAUSE MS. TODD HAS DEFAMED ME ON SOCIAL MEDIA AND HAS
18 HAD HER FRIENDS, MUTUAL FRIENDS, HER RELATIVES AND OTHERS
19 DISASSOCIATE FROM ME BASED ON FALSE ALLEGATIONS FROM HER.
20 I BELIEVE THAT SHE IS MISUSING THE COURT PROCESS IN
21 BRINGING THIS ACTION FORWARD. I HAVE IN NO WAY HARASSED
22 HER, NOR HAS SHE SHOWN ANY INTENT FOR ME TO HARASS HER.
23 SHE IS BLOCKED FROM MY SOCIAL MEDIA. SHE HAS BEEN BLOCKED
24 FOR TWO YEARS. EVEN WHEN WE WERE STILL SPEAKING SHE HAD
25 ASKED ME TO FRIEND HER ON SOCIAL MEDIA AND I REFUSED TO DO
6
1 IT FOR ALMOST TWO YEARS.
2 I HAVE LITTLE CONTACT WITH HER OTHER THAN THE CONTACT
3 THAT THIS COURT GRANTED AT HER REQUEST. BECAUSE IF YOU
4 RECALL, I DISMISSED MY CASE, SO I HAD NO BUSINESS BEFORE
5 THE COURT. SO MS. TODD SOUGHT THAT I HAVE VISITATION WITH
6 OUR DAUGHTER, AND IN MY PURSUIT OF THAT VISITATION MS.
7 TODD SEEKS TO OBSTRUCT IT BY WHATEVER MEANS SHE CAN
8 POSSIBLY DO. AND WHEN SHE DOES THAT, NOT ONLY DOES SHE
9 OBSTRUCT HER, YOU KNOW, OUR DAUGHTER FROM SEEING ME, SHE
10 OBSTRUCTS OUR DAUGHTER FROM SEEING HER SISTERS.
11 MS. TODD: I OBJECT. THIS IS ABOUT THE PROTECTIVE
12 ORDER, NOT ABOUT THE CUSTODY AND NOT ABOUT THE CASE. I
13 WOULD LIKE TO STICK TO WHAT THE TOPIC IS. IT IS A
14 PROTECTIVE ORDER.
15 THE COURT: EITHER OF YOU BOTHER TO GO TO THE GEORGIA
16 CODE, CODE SECTION 19-13-1, ET SEQ, IN SEQUENCE. ANYBODY
17 BOTHER TO READ THOSE THINGS?
18
19
20 TODD?
MR. FREEMAN: I BELIEVE I MISSED IT, YOUR HONOR.
THE COURT: OKAY. WHO'S YOUR FIRST WITNESS, MS.
21 MS. TODD: I JUST -- IT WILL BE MYSELF JUST TO
22 PRESENT WHAT I HAVE, AND THAT'S IT.
23 THE COURT: COME AROUND TO THE WITNESS STAND, PLEASE,
24 MA'AM. GO AHEAD AND PUT YOUR PAPERS DOWN ON THE COUNTER
25 THERE, MA'AM, AND IF YOU WOULD RAISE YOUR RIGHT HAND.
7
1
2
(WITNESS SWORN.)
JODY E. TODD
3 WAS CALLED AS A WITNESS AND, HAVING FIRST BEEN DULY
4 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS:
5 THE COURT: TAKE A SEAT. IF YOU WOULD, SPEAK TOWARD
6 THAT MICROPHONE WHEN YOU SPEAK, AND IF YOU WOULD STATE
7 YOUR NAME, PLEASE.
8 DIRECT TESTIMONY
9 MS. TODD: JODY EBRIGHT TODD.
10 THE COURT: SPELL YOUR MIDDLE NAME FOR THE COURT
11 REPORTER, PLEASE.
12 MS. TODD: E-B-R-I-G-H-T (SPELLING).
13 YOUR HONOR, THE REASON I ACTUALLY REQUESTED THE
14 T.P.O. IS BECAUSE RIGHT AFTER THE CUSTODY HEARING MR.
15 FREEMAN THEN STARTED GOING ON SOCIAL MEDIA AND PEOPLE THAT
16 WE HAVE MUTUAL FRIENDSHIPS WITH WERE NOTIFYING ME OF HIM
17 POSTING HAVING POSTS. I DON'T HAVE-- AS HE STATED, I
18 DON'T HAVE ACCESS TO HIS PAGE, AND WOULD LIKE -- AND I'M
19 HAPPY FOR IT. I DON'T WANT ACCESS TO IT. BUT WHEN THEY
20 WERE SAYING THAT HE WAS PUTTING MY NAME OUT THERE, MY JOB,
21 MY BOSS' NAME, MY OTHER BOSS' NAME, AND TAGGING MY
22 EMPLOYER; THERE'S NO NEED FOR THAT. HE'S ATTACKING ME.
23 THAT'S NOT YOUR FIRST AMENDMENT RIGHT, THAT'S ATTACKING
24 ME, AND I HAVE COPIES, THEY WERE KIND ENOUGH TO PRINT.
25 AND THEN ALSO PUTTING MY DAUGHTER'S NAME ON HIS WEBSITE.
8
1 SHE'S A MINOR. WHY HE WOULD HAVE LEELEE UP THERE. AND
2 THEN HE HAS ALL OF OUR TEXT MESSAGES WHERE I'M ASKING HIM
3 TO PLEASE NOT CONTACT ME ANYMORE, AND HE'S PRETTY MUCH
4 MAKING FUN OF ME, SAYING I'M SCARED OF HIM. AND HE'S
5 POSTED IT TO THIS PARENTAL ALIENATION DYNAMICS PAGE THAT
6 HE'S CREATED, SAYING IT'S FALSE ALLEGATIONS.
7 HE'S ACCUSED MY DAUGHTER WHEN SHE SAYS THAT SHE SENDS
8 HIM A TEXT THAT IT'S ME SENDING IT, AND HE'S POSTED THAT
9 ON HIS PAGE.
10 HE'S TEXTED ME OVER AND OVER AGAIN WITH THREATS, AND
11 I HAVE PRINTED OUT TICK-TOCK, TICK-TOCK, HEY JOE EBRIGHT,
12 WHICH IS MY FATHER, OUR DAUGHTER ISN'T ANSWERING MY CALLS.
13 YOU KNOW WHY? HEY, JOE EBRIGHT. AND HE GOES ON, AND I
14 HAVE COPIES OF THIS. AND I TELL HIM TO PLEASE STOP
15 TEXTING ME. AND I SAY -- I SAID, "GIL, I WILL ASK ONE
16 MORE TIME BEFORE I GO TO THE POLICE, STOP SENDING
17 THREATENING AND HARASSING TEXTS." AND HE SAID, "THI S
18 ISN'T A THREAT, LIAR." AND HE GOES ON WITH THE TICK-TOCK,
19 WHICH I DON'T KNOW WHAT TICK-TOCK MEANS. DOES IT MEAN
20 TIMES UP? DOES IT MEAN HE'S COMI NG AFTER ME? WHAT DOES
21 THAT MEAN?
22 HE GOES ON TO TALK ABOUT MY ATTORNEY, PARISA HERRIN.
23 HE GOES ON TO TALK ABOUT ANGIE WOODALL. HE GOES ON TO
24 TALK ABOUT YOU, WITHOUT NAMING YOU, IN ONE OF THESE. AND
25 IT'S JUST-- HE'S LASHING OUT. AND ALL I'M ASKING FOR
9
1 THIS PROTECTIVE ORDER IS TO STAY AWAY FROM ME.
2 HE CAME TO MY HOME TWO WEEKS AGO AND HAD OUR
3 DAUGHTER, ALLEGRA, POUND ON MY DOOR WHILE HE SAT, AND I
4 HAVE THE PICTURE OF IT, IN HIS CAR VIDEOTAPING IT . AND
5 FOR YOU TO SIT THERE AND HAVE OUR DAUGHTER DO THIS,
6 THERE'S NO SENSE TO THIS. I DON'T COME TO YOUR HOME, I DO
7 NOT PUT ANYTHING ON SOCIAL MEDIA. I WOULD NEVER, AND I
8 MEAN NEVER, GO TO YOUR EMPLOYER. NOT ONCE HAVE I SAID TO
9 YOUR EMPLOYER, DO YOU KNOW THAT YOUR RECEPTIONIST IS
10 ACTING AS GIL FREEMAN'S PARALEGAL USING YOUR STAMP MACHINE
11 AND ALL YOUR TIME AND SENDING -- I WOULD NEVER GO TO YOUR
12 EMPLOYER, BECAUSE YOU STILL HAVE TO SUPPORT YOURSELF. I
13 WOULD NEVER GO AFTER YOU. AND YOU PURPOSEFULLY WENT ON A
14 SOCIAL MEDIA WEBSITE AND PUT MY NAME AND EMPLOYER OUT
15 THERE .
16 I STILL HAVEN'T CALLED, AND I'VE GOT TWO PACKAGES TO
17 PROVE IT, ALONG WITH ALL . THE OTHER STUFF. I'VE NEVER WENT
18 TO YOUR EMPLOYER.
19 THE COURT: MA'AM?
20 MS. TODD: YES, SIR. AND THAT'S WHY I'M HERE BECAUSE
21 I WANT HIM TO STOP.
22
23
24
25
THE COURT: MA'AM?
MS. TODD: YES, SIR.
THE COURT: WHO'S YOUR AUDIENCE?
MS. TODD: I'M SORRY.
10 f.
THE COURT: WHO YOU GOT TO CONVINCE TODAY?
MS. TODD: YOU, SIR.
1
2
3 THE COURT: YOU PROBABLY NEED TO MAKE YOUR REMARKS TO
4 ME.
5 MS. TODD: YES, SIR.
6 THE COURT: YOU SPEAK TOWARD THE MICROPHONE. YOU
7 DON'T NECESSARILY HAVE TO LOOK DIRECTLY AT ME BUT IF YOU
8 WOULD SPEAK TOWARDS YOUR MICROPHONE SO IT CAN BE HEARD,
9 OKAY?
10
11
12
MS. TODD: YES, YOUR HONOR.
THE COURT: LET US NOT FORGET WHO OUR AUDIENCE IS.
MS. TODD: YES, SIR.
13 THE COURT: ANYTHING FURTHER, MA'AM?
14 MS. TODD: NO, I JUST WANTED HIM TO NOT COME TO MY
15 HOME, NOT GO ON SOCIAL MEDIA AND PUT MY NAME. I THINK HE
16 DOES HAVE THE FREEDOM OF SPEECH, YOUR HONOR. HE CAN SAY
17 MY DAUGHTER'S MOTHER, BUT I THINK WITH HIM PUTTING MY
18 NAME, MY EMPLOYER'S --MY DIRECT BOSS' NAME AND HIS BOSS
19 AND TAGGING THE COMPANY IN WHICH I WORK FOR ON A SOCIAL
20 MEDIA WEBSITE.
21
22
23
24
THE COURT: DID YOU SAY HACKING OR --
MS. TODD: NO, TAGGING.
THE COURT: TAGGING? OKAY.
MS. TODD: AND SENDING ME TEXTS WITH TICK-TOCK. I
25 DON'T KNOW WHAT TICK-TOCK MEANS, IF IT'S MY TIME IS UP OR
11
1 HE IS, YOU KNOW, IS HE COMING AFTER ME. JUST DON'T SEND
2 ME TEXTS. I DON'T -- I TRY NOT TO RESPOND. AND I'VE
3 ASKED HIM IN THESE TEXTS IN THE COPIES TO STOP, AND HE
4 JUST CONTINUES ON. WE ARE GOING TO HAVE TO AGREE TO
5 DISAGREE. WE HAD A VOLATILE SEVENTEEN-YEAR RELATIONSHIP
6 AND THAT'S WHY WE'RE NOT TOGETHER.
7 WE'VE DONE A LOT OF UGLY THINGS OVER THE YEARS AND
8 THAT'S WHY WE'RE NOT TOGETHER. I JUST ASK FOR HIM TO
9 LEAVE ME ALONE. I WANT THE T.P.O. SO HE DOESN'T GO ON AND
10 USE MY NAME. I WANT TO STAY EMPLOYED. I GOT, YOU KNOW, I
11 HAVE TO PAY MY BILLS. THERE'S NOT ONE INSTANCE I HAVE
12 DONE ANYTHING ON A SOCIAL MEDIA WEBSITE, TAGGED HIM,
13 TAGGED HIS COMPANY, I'VE NEVER-- THERE'S NOT ONE TIME. I
14 WOULDN'T DO THAT. AND I HAVEN'T BEEN TO HIS HOME AND I
15 HAVEN'T POUNDED ON HIS DOOR. I HAVEN'T DONE ANYTHING.
16 I'VE LEFT HIM ALONE.
17 AND THAT'S WHAT I ASK OF THIS COURT, TO HELP, BECAUSE
18 CLEARLY EVEN AFTER THE T.P.O. WAS GIVEN I STILL RECEIVED
19 MAIL FROM HIM THROUGH SOMEONE ELSE. BECAUSE WHAT WAS IN
20
21
22
23
24
25
THESE PACKAGES I DIDN'T HAVE TO ANSWER TO. AND HE
COULDN'T CONTROL HIMSELF THEN, EVEN THOUGH THE ORDER
STATED DIRECTLY OR INDIRECT, DO NOT HAVE CONTACT WITH THE
RESPONDENT, WHETHER IT BE EMAIL, MAIL, OR ANY OTHER MEANS
OF COMMUNICATION.
THE COURT: I'M LISTENING, MA'AM. ANYTHING FURTHER?
12
1
2
3
4
5
6
MS. TODD: NO, SIR, THAT'S JUST IT.
THE COURT : MR. FREEMAN, DO YOU HAVE QUESTIONS?
MR. FREEMAN: YES, SIR.
THE COURT : QUESTIONS FOR THE WITNESS.
MR . FREEMAN: YES, SIR. I CERTAINLY DO.
CROSS-EXAMINATION
7 BY MR. FREEMAN:
8 Q YOU WERE TOLD WHAT TICK-TOCK MEANS, DIDN'T YOU --
9
10 A
WEREN'T YOU?
I --
11 Q YOU WERE TOLD THAT TICK-TOCK MEANS TIME'S GOING TO
12 RUN OUT ON THE LIES THAT YOU WERE TELLING OUR DAUGHTER?
13 A THAT WAS
14 Q AND THAT WAS ONLY -- HOW MANY TIMES DID YOU RECEIVE
15 THAT TEXT MESSAGE?
16 THE COURT: OKAY. ONE QUESTION AT A TIME. GIVE HER
17 A CHANCE TO ANSWER THE QUESTION BEFORE YOU ASK ANOTHER
18 QUESTION, PLEASE.
19 MR. FREEMAN: YES, SIR.
20 THE WITNESS: WHAT WAS YOUR FIRST QUESTION?
21 BY MR. FREEMAN: (RESUMING)
22 Q WERE YOU NOT TOLD WHAT TICK-TOCK MEANS?
23 A FROM WHAT YOUR TEXT SAYS. YOU SAY YOU CAN ONLY LIE
24 TO LEONA FOR SO LONG, TICK-TOCK, TICK-TOCK.
25 Q OKAY. MOST PEOPLE WOULD PERCEIVE THAT TO BE TIME HAS
13
1 RUN OUT, NO?
2 A MY PERCEPTION AND YOUR PERCEPTION MIGHT BE TWO
3 DIFFERENT THINGS.
4
5
Q
A
6 YEARS.
7 Q
OKAY.
WE'VE HAD A VOLATILE RELATIONSHIP FOR OVER TWENTY
SINCE THE COURT'S ORDER IN WHICH YOU SOUGHT TO GIVE
8 ME VISITATION, HAS VISITATION BEEN IMPLEMENTED?
9 A IS THIS -- I'M -- I OBJECT. I'M NOT ANSWERING THAT.
10 THIS IS A T.P.O. CASE.
Q I'M TRYING TO EXPLAIN WHY
A THE FIFTH. THE FIFTH.
Q I'M TRYING TO --
A I PLEAD THE FIFTH.
Q PLEAD THE FIFTH?
A YEAH, I CAN DO THAT.
11
12
13
14
15
16
17 MR. FREEMAN: OKAY. YOUR HONOR, CAN I TREAT HER AS A
18 HOSTILE WITNESS?
19 THE COURT: NO, I'M NOT GOING TO DECLARE HER A
20 HOSTILE WITNESS AT THIS POINT, SIR.
21 !BY MR. FREEMAN: (RESUMING)
22 Q OKAY. HOW MANY TEXT MESSAGES DID YOU RECEIVE FROM ME
23 THAT SAID TICK-TOCK?
24
25
A
Q
THAT I CURRENTLY HAVE UP HERE?
YES. HOW MANY TEXT MESSAGES DID YOU RECEIVE? AND DO
14
1 YOU HAVE A COPY FOR ME?
2 A I BROUGHT A COPY . I CAN MAKE A COPY, YES , BUT YOU
3 SHOULD HAVE IT BECAUSE YOU SENT IT . ONE , TWO, THREE, FOUR,
4 FIVE, SIX. SIX TIMES , WHAT I PRINTED.
5 Q MAY I HAVE COPIES?
6
7
A
Q
8 COPY OF .
I CAN MAKE COPIES .
WELL, YOU' RE REFERENCING SOMETHING I DON' T HAVE A
9 A WELL, I CAN SHOW IT TO YOU WHEN YOU TAKE THE STAND,
10 MR . FREEMAN .
11 MR. FREEMAN: YOUR HONOR, MAY I
12 THE COURT: IF YOU WISH TO LOOK AT THEM YOU' LL NEED
13 TO COME UP AND PICK UP THE DOCUMENTS AND LOOK AT THEM.
14 MR. FREEMAN: (REVIEWING DOCUMENTS . )
15 THE WITNESS: THEY' RE IN ORDER BY DATE .
16 IBY MR. FREEMAN: (RESUMING)
17 Q OKAY . SO ON DECEMBER 12TH , 2013 I SAID TICK- TOCK,
18 RIGHT? THEN ON MARCH 14TH , ALMOST THREE MONTHS LATER I SAID
19 TICK-TOCK. TWICE, APPARENTLY . WELL , THIS MIGHT BE THE SAME
2 0 TICK-TOCK, EIGHT THIRTEEN. SO THREE TIMES, THREE TIMES IN
21 ~ M O S T FOUR MONTHS I SAID TICK-TOCK?
22 A DOES THAT MAKE IT LESS THREATENING?
23
24
Q
A
I ' M JUST ASKING.
AND EACH TIME YOU SAID IT TO ME I THEN ASKED YOU TO
25 PLEASE STOP TEXTING ME , YOU ' RE HARASSING ME , YOU ' RE THREATENING
15
1 ME.
2
3
4
5
6
7
8
9
10
AND YOU SAID IT'S NOT A THREAT, LIAR.
Q AND DID I TEXT YOU AGAIN AFTER THAT?
A I DON'T -- PRINT?
Q THESE ARE ALL THE TEXT WE HAVE SO --
A NO. NO THEY'RE NOT.
THE COURT: IF YOU'RE GOING TO ASK HER A QUESTION,
ONE QUESTION AT A TIME. GIVE HER THE OPPORTUNITY TO
ANSWER THE QUESTION BEFORE YOU ASK ANOTHER ONE.
MR. FREEMAN: I APOLOGIZE.
THE COURT: AND DON'T KEEP TALKING OVER HER WHILE
11 SHE'S TRYING TO ANSWER YOUR QUESTION, PLEASE.
12 MR. FREEMAN: I APOLOGIZE. I WAS THINKING OUT LOUD.
13 I SHOULD HAVE REFRAINED AFTER THE QUESTION.
14 THE COURT: WELL, YOU DON'T NEED TO THINK OUT LOUD.
15 JUST DO WHAT I ASK YOU TO DO, THAT'S ALL.
16 MR. FREEMAN: YES, SIR.
17 THE COURT: ONE QUESTION AT A TIME. LET HER ANSWER
18 THAT QUESTION BEFORE YOU ASK ANOTHER QUESTION.
19 THE WITNESS: WHAT WAS YOUR QUESTION? I'M SORRY.
2 0 !BY MR. FREEMAN: (RESUMING)
21 Q I SAID TICK-TOCK THREE TIMES OVER FOUR MONTHS.
22 THE COURT: THAT'S NOT A QUESTION. THAT'S A
23 STATEMENT.
24 BY MR. FREEMAN: (RESUMING)
25 Q DO YOU FIND THAT THREATENING?
16
1 A YES, CONSIDERING OUR RELATIONSHIP OVER THE PAST
2 TWENTY YEARS , YES .
3 Q OKAY.
JUST OUR RELATIONSHIP , YES .
OKAY .
4
5
6
A
Q
A AND THEN YOU MADE FUN OF ME ON A SOCIAL MEDIA WEBSITE
7 BECAUSE I SAID SOMETHING, I FELT LIKE YOU WERE THREATENING AND
8 YOU POSTED EVERY ONE OF OUR TEXTS AND MADE FUN OF IT, BASICALLY
9 SAID
10 Q I DIDN' T
11 A YOU DID . AND YOU BASICALLY SAID THERE WAS NO
12 ~ L I D I T Y TO IT, THAT I WAS --
1 3 Q I DIDN' T ASK THAT QUESTION . I ' M SORRY .
14 A OKAY . SORRY .
15 THE COURT: ARE YOU GOING TO SHOW HER SOMETHING?
16
17
18
MR. FREEMAN: YES. I WAS GOING TO GIVE HER A COPY.
THE COURT: I ' M SORRY?
MR. FREEMAN: I'M GOING TO GIVE HER A COPY. MAY I
19 APPROACH?
2 0 THE COURT: YES , SIR.
21 BY MR. FREEMAN: (RESUMING)
22 Q DO YOU RECOGNIZE THAT , MS . TODD? ALSO --
23 A (REVIEWING DOCUMENT . ) MR . FREEMAN, THESE ARE OUR
24 EMAILS BETWEEN US WHILE WE WERE STILL HAVING SEXUAL RELATIONS
25 LIVING APART . SO I ' M NOT QUITE SURE WHAT THIS HAS TO DO WITH
17
1 -- THIS IS BEFORE ANY OF OUR COURT CASES , BUT YES .
2 MR. FREEMAN: I'M SORRY, YOUR HONOR, I ' M TRYING TO
3 FIND-- I ' D LIKE TO SUBMIT THOSE . YOUR HONOR, MAY I
4 APPROACH TO GIVE YOU A COPY?
5 THE COURT: A COPY OF WHAT , SIR?
6 MR. FREEMAN: WHAT SHE' S READING .
7 THE COURT: WELL, I DON' T REALLY THINK I ' M SUPPOSED
8 TO LOOK AT IT UNTIL IT' S ADMITTED INTO EVIDENCE, AM I?
9 MR. FREEMAN: OKAY . CAN I ADMI T IT AS R-10?
10 (DOCUMENT MARKED R-10 FOR IDENTIFICATION)
11 THE COURT: I THINK YOU HAVE TO LAY A FOUNDATION . I
12 CANNOT HELP YOU . I CANNOT HELP HER . I CANNOT HELP EITHER
13 ONE OF YOU WITH THE CASE -- BUT BECAUSE
14 MR. FREEMAN: MS . TODD, DO YOU OBJECT TO ADMITTING
15 THIS AS R-10?
16 THE COURT: BUT BECAUSE --
17 THE COURT: YOU GOING TO LET ME FINISH?
18 THE WITNESS: WHAT IS THE QUESTION WITH THIS?
19 BY MR. FREEMAN: (RESUMING)
20 Q I WAS ASKING YOU WHAT IS -- WHAT ARE YOU REQUESTING
21 IN THESE EMAILS? OVER A YEAR' S PERIOD.
22 A I HAVE TO OBJECT . WHAT DOES THIS HAVE TO DO WITH THE
23 T. P. O. ? WHAT ' S THREATENING IN THESE?
24 Q YOU ' RE CLAI MING THAT I ' M THREATENI NG YOU . I'M
25 CLAIMING THAT YOU' RE NOT (SIC) . AND I ' M SHOWING INSTANCES
18
1 WHERE YOU'RE JUST BEING VINDICTIVE.
2 A NO, SIR. THESE MESSAGES BETWEEN US WHEN WE WERE
3 STILL DATING, STILL TOGETHER. AND THIS IS US GOING BACK AND
4 FORTH JOKING SO, NO, I WON'T. ON FACEBOOK. THIS IS A PRIVATE
5 MESSAGE. EVEN FURTHER, THIS IS PRI VATE. WHAT YOU'VE PUT OUT
6 HERE IS ON A WEBSITE THAT YOU CREATED . THESE ARE PRIVATE
7 MESSAGES BETWEEN YOU AND I .
8 Q CORRECT. THEY'RE PRIVATE MESSAGES .
9 A UH-HUH (AFFIRMATIVE) .
10
11
12
13
14 END
Q
A
Q
A
AND WHAT ARE YOU REQUESTING IN THE PRIVATE MESSAGE?
WOULD YOU LIKE FOR ME TO READ THEM OUT LOUD FOR YOU?
I'M JUST ASKING YOU WHAT ARE YOU REQUESTING?
WHY DOES IT SAY AWAITING FRIEND CONFIRMATION ON MY
15 Q I DIDN'T ASK YOU TO READ IT, I SAID WHAT ARE THE
16 QUESTIONS .
17 A I AM READING - -
18 Q WHAT WERE YOU ASKI NG?
19 A I ' M READING THE QUESTIONS .
20 Q I DIDN' T ASK YOU TO READ THEM. I SAID WHAT ARE THE
21 QUESTIONS THAT -- WHAT WERE YOU ASKING ME IN THIS
22 CORRESPONDENCE?
23 THE WI TNESS: JUDGE - -
2 4
25
MR. FREEMAN: WHAT ARE YOU ASKING ME?
THE WITNESS : I ' M SORRY, YOUR HONOR, THESE ARE
19
1 QUESTIONS THAT I -- I'M READING THE QUESTIONS. I'M
2 READING WHAT HE'S REQUESTING. THEY'RE QUESTIONS.
3 !BY MR. FREEMAN: (RESUMING)
4 Q I'M ASKING YOU WHAT IS THE CORRESPONDENCE? WHAT IS
5 THE CORRESPONDENCE BETWEEN US? WHAT IS IT ABOUT?
6 A WHY IS THIS BLACKED OUT? IT CAN'T BE EVIDENCE
7
8
Q
A
9 DATING.
10 Q
11
12
13
A
Q
A
ARE YOU ASKING ME TO BE YOUR FACEBOOK FRIEND?
YES. AND ON JULY 20TH, 2010, WHILE WE WERE STILL
AND THEN ON MAY 27, 2011, WHAT DID YOU SAY?
WHAT DATE AGAIN, I'M SORRY?
MAy 2 7TH ' 2 0 11 .
I'M SORRY. JACKASS -- OKAY. WE'RE STILL DATING
14 DURING THIS PERIOD. "JACKASS, DOT, DOT, DOT, FRIEND ME OR I'M
15 GOING TO BLOCK YOU.
16 Q WE'RE NOT DATING.
17 A YES, WE ARE.
18 Q WE'RE NOT DATING. WE DIDN'T LIVE IN THE SAME
19 HOUSEHOLD.
20 THE COURT: SIR, SIR, SIR. THIS IS REALLY THE LAST
21 TIME I'M GOING TO SAY SO. IF YOU HAVE QUESTIONS, ASK YOUR
22 QUESTIONS. THIS IS NOT YOUR OPPORTUNITY TO TESTIFY.
23 BECAUSE YOU DON'T LIKE THE ANSWER, MAYBE YOU NEED TO ASK
24 THE QUESTION IN A DIFFERENT WAY OR A DIFFERENT QUESTION,
25 BUT YOU DON'T NEED TO ARGUE WITH THE WITNESS AS TO WHAT
20
1 THE WITNESS IS TESTIFYING TO .
2 MR. FREEMAN: CORRECT .
3
4
THE WITNESS: CAN I ASK
THE COURT: JUST A MOMENT. THE LITTLE STATEMENTS
5 YOU' RE MAKING WHILE SHE ' S TRYING TO ANSWER THE QUESTION
6 THAT ARE ARGUMENTATIVE WITH HER ABOUT WHAT SHE' S SAYING,
7 DO YOU RECOGNIZE WHAT I ' M TALKING ABOUT?
8 MR. FREEMAN: I DO, YOUR HONOR . I SHOULD HAVE
9 OBJECTED TO HER ANSWERING A QUESTION THAT I DIDN' T ASK.
10 THE COURT: YES , SIR. NOW, IF YOU HAVE A QUESTION TO
11 ASK HER, PLEASE ASK THAT QUESTION .
12 BY MR. FREEMAN: (RESUMING)
13 Q OKAY . YOU - - IN YOUR PETI TION IT SAYS , "PETITIONER,
14 JODY E. TODD REPORTS THAT HER DAUGHTER' S FATHER, RESPONDENT
15 GILBERT FREEMAN, JUNIOR, HAS BEEN HARASSING HER . RESPONDENT
16 SENDS TEXTS SAYING TICK-TOCK, HAS ALSO MADE VERBAL THREATS OVER
17 THE PHONE . PETITIONER STATES THE SHERIFF' S OFFICE HAS BEEN OUT
18 TO HER RESIDENCE SEVERAL TIMES TO REMOVE RESPONDENT . THERE HAS
19 BEEN DOMESTIC VIOLENCE IN THE PAST AND THE PETITIONER IS IN
20 FEAR OF HER SAFETY . " WHEN DID THESE VERBAL THREATS OCCUR OVER
21 THE PHONE?
22 A AS I TOLD JUDGE BEAVERS , YOU SAID TICK-TOCK OVER THE
2 3 PHONE AND THAT ' S ALL I SAID.
24 Q WHEN DID I SAY THIS?
25 A I DON' T HAVE A DATE .
21
1 Q YOU DON'T HAVE A DATE? YOU FELT THREATENED BY IT ,
2 BUT YOU DIDN'T RECORD THE DATE?
3 A I DON ' T RECORD CONVERSATIONS .
4
5
6
Q
A
Q
7 THE DATE .
8 A
9 Q
YOU DIDN' T DOCUMENT THE DATE?
NO, MR. FREEMAN, I DID NOT .
YOU FELT THREATENED BY IT, BUT YOU DIDN' T DOCUMENT
DID YOU FILE A POLICE REPORT?
CLEARLY
DID YOU FILE A POLICE REPORT?
10 A I ACTUALLY CALLED AND SPOKE TO - - WHEN YOU DID THAT I
11 SPOKE TO HOLD ON. IT' S IN MY POCKETBOOK. BUT I DID CALL
12 THE PAULDING COUNTY SHERIFF . BUT I CAN -- IF YOU GIVE ME --
13 AND I CAN GIVE YOU THE NAME FOR YOUR TRANSCRIPT IF I CAN --
14 Q DID THAT INDIVIDUAL WRITE A REPORT? BECAUSE ALL THE
15 REPORTS THAT I HAVE , I DON ' T HAVE IT . DO YOU HAVE A REPORT?
16 A NO . THEY SAID I HAD TO GO THROUGH THE SHEPHERD
17 CENTER AND I COULDN' T TAKE OFF FROM WORK . SO I WAITED TILL I
18 HAD IT IN WRITING BECAUSE IT WOULD HAVE BEEN HEARSAY . SO YOU
19 CONTINUED WITH IT IN WRITING AND I HAD IT . SO THAT ' S WHY I
20 ~ E N T AHEAD WITH THE T. P. O. AFTER I FOUND OUT .
21 Q SO, MS . TODD, YOU FELT SO THREATENED BY MY VERBAL
22 PHONE CALL THAT YOU COULDN' T TAKE TIME OFF FROM WORK BECAUSE
23 YOU FELT THREATENED, BUT YOU DIDN' T FEEL SO THREATENED THAT YOU
2 4 ~ E E E TO WRITE A REPORT?
25 A NO, I DID.
22
1
2
3
Q
A
Q
BUT YOU DIDN'T DO IT?
WHAT WAS THE QUESTION?
YOU FELT SO THREATENED BUT CHOSE NOT TO -- BUT YOU
4 DIDN'T FEEL THREATENED ENOUGH TO MISS WORK TO WRITE -- TO GET A
5 REPORT DONE?
6 A I ACTUALLY WENT DOWN TO, AND I DON'T KNOW WHAT THE
7 DATE IS, BUT I DID GO DOWNSTAIRS TO WHERE THE CLERK OF COURTS,
8 I DID, I TOOK A HALF A DAY AND TOLD THEM I WANTED TO GET A
9 RESTRAINING ORDER AND THEY
10 Q I'M SORRY, MS. TODD, I ASKED YOU IF YOU HAVE A
11 SHERIFF'S DEPARTMENT REPORT. I DIDN'T ASK
12 A NO, YOU DID NOT. YOU ASKED ME IF I FELT THREATENED
13 ENOUGH TO REPORT IT, AND I AM RESPONDING TO YOUR QUESTION, MR.
14 FREEMAN. I WOULD LIKE TO FINISH. I DID TAKE A HALF DAY OFF
15 I WENT DOWNSTAIRS TO THE CLERK'S COURT AND I ASKED THEM
16 A T.P.O. AND THEY TOLD ME I HAD TO GO THROUGH THE
17 SHEPHERD CENTER AND THAT WHEN THEY PULLED UP MY CASE IT WAS AN
18 AND THEY GAVE ME THE RUN AROUND DOWNSTAIRS. AND I
19 BELIEVED THEM, THAT I COULDN'T DO IT. AND THEN I ASKED MY
20 FURTHER AND I TOLD HIM WHAT HAPPENED. HE SAID YOU
21 CAN. SO I DID REPORT IT. BUT THEY SAID I COULDN'T
22 FILE IT BECAUSE IT WAS AN APPELLATE DOWNSTAIRS IN THE CLERK OF
23 COURT'S OFFICE.
24 Q DO YOU HAVE A SHERIFF'S REPORT?
25 A THE ONLY ONE I HAVE IS THE ONE I CURRENTLY DID FOR
23
1 THIS ONE.
2 Q SO YOU FELT SO THREATENED YOU DIDN'T INFORM THE
3 SHERIFF BUT YOU WENT TO THE -- YOU WENT TO THE COURT BUT YOU
4 DIDN'T FEEL THREATENED ENOUGH TO GO TO THE SHERIFF? IS THE
5 COURT GOING TO PROTECT YOU, OR IS THE SHERIFF GOING TO PROTECT
6 YOU?
7 A CLEARLY NOTHING IS GOING TO PROTECT ME BECAUSE YOU
8 STILL SENT ME MAIL AFTER THE T.P.O. WENT OUT TO YOU AND IT SAID
9 DO NOT SEND ME ANYTHING. SO A PIECE OF PAPER, NO, IS NOT GOI NG
10 TO PROTECT ME.
11 Q OKAY. SO THE SHERIFF'S OFFICE HAD BEEN OUT TO YOUR
12 RESIDENCE SEVERAL TIMES TO REMOVE RESPONDENT; HAS THAT
13 OCCURRED?
14
15
16
17
18
A
Q
A
Q
A
YES. THEY'VE BEEN OUT TO MY HOUSE SEVERAL TIMES.
DO YOU HAVE A REPORT?
NO. THERE IS REPORTS.
DID THEY REMOVE RESPONDENT AS YOU STATE IN HERE?
YES, THEY ASKED YOU TO LEAVE. THEY DID ASK YOU TO
19 LEAVE, DID THEY NOT?
20 Q I'LL ASK THE QUESTIONS, THANK YOU. SO YOU HAVE NO
21 REPORT OF THAT? THAT'S ALL I'M ASKING, YES OR NO? DO YOU HAVE
22 ~ R P O R T OR YOU DON'T HAVE A REPORT?
23 A THERE WAS A REPORT FILED, YES .
24 Q OKAY . I HAVE -- I SUBMITTED TO THE COURT ALREADY .
25 THE SHERIFF'S DEPARTMENT HAS TWO REPORTS. BOTH REPORTS WERE BY
24
1 ME CONCERNING YOU. THEY HAD NO REPORTS CONCERNING YOU ABOUT
2 ME.
3
4
5
A
Q
WERE YOU AT MY RESIDENCE AT 173?
CORRECT.
MR . FREEMAN: YOUR HONOR, I ALREADY SUBMITTED IT TO
6 THE COURT BUT I CAN SHOW YOU AGAIN THE
7
8
THE COURT: YOU SUBMITTED WHAT TO THE COURT?
MR. FREEMAN: THE SHERIFF DEPARTMENT' S REPORTS. ALL
9 REPORTS ON FILE. IT' S WITH THE MOTION THAT I PUT --MY
10 COUNTERCLAIM. AND THERE 'S ONLY TWO SHERIFF REPORTS ON
11 FILE AND THEY CERTIFIED IT.
12 THE COURT: DO YOU HAVE QUESTIONS , ANYMORE QUESTIONS
13 FOR THIS WITNESS?
14
15
16
MR. FREEMAN: I DO NOT.
THE COURT: YOU CAN STEP DOWN, MA'AM.
THE WITNESS: THANK YOU .
17 THE COURT: MS. TODD, DO YOU HAVE ANY OTHER WITNESSES
18 YOU WISH TO CALL, MA'AM?
19 MS. TODD: NO, YOUR HONOR, I JUST WANT THE
20 THREATENING TEXTS AND MY NAME AND EMPLOYER TO BE STOPPED
21 AND TO HAVE A T . P . O. TO PROTECT MYSELF, FROM HIM COMING TO
22 MY HOME AND BANGING ON MY DOOR AND VIDEOTAPING . THAT'S
23 ALL MY REQUEST IS.
24 THE COURT: MR . FREEMAN, DO YOU HAVE WITNESSES YOU
25 WISH TO CALL, SIR?
2 5
r
1
2
MR . FREEMAN: YES, SIR.
THE COURT : WHO WOULD BE YOUR WITNESS?
3 MR. FREEMAN: LEONA FREEMAN, PLEASE.
4 THE COURT : WHERE IS THIS --
5 MS . TODD: I OBJECT. SHE' S A MINOR. YOUR HONOR, I
6 HAVE NO PROBLEM WITH YOU QUESTIONING HER IN YOUR CHAMBERS,
7 BUT I THINK PUTTING HER ON THE STAND
8 THE COURT : WHO IS THIS PERSON?
9 MS. TODD: IT' S OUR MINOR DAUGHTER.
10
11
MR. FREEMAN: OUR FOURTEEN-YEAR-OLD CHILD.
THE COURT: YOU WOULD BRING YOUR FOURTEEN-YEAR-OLD
12 CHILD INTO THE MIDDLE OF ALL OF THIS?
13 THE COURT : SIR, HE HAD HER SERVED.
14 THE COURT : JUST A SECOND. YOU WOULD BRING YOUR
15 FOURTEEN-YEAR-OLD CHILD INTO THE COURTROOM AND PUT HER IN
16 THE MIDST OF ALL OF THIS?
1 7 MR. FREEMAN: YOUR HONOR, MY FOURTEEN-YEAR-OLD CHI LD
18 HAS BEEN OBSTRUCTED FROM SEEING ME FOR TWO YEARS . I TRIED
19 TO
20 THE COURT: I ' M NOT HEARING CUSTODY AND --
21 MR . FREEMAN: YES, I THINK --
22 THE COURT: EXCUSE ME . WOULD YOU LET ME -- YOU KNOW,
23 YOU APPEAR TO BE A MOST AGGRESSIVE INDIVIDUAL , MR.
2 4 FREEMAN. NOW, IT' S JUST LIKE QUESTIONING THE WITNESS . I
25 ASKED YOU THREE TIMES, ASK HER ONE QUESTION AT A TIME, LET
26
1 HER ANSWER THE QUESTION . YOU KEEP WANTING TO CUT HER OFF
2 IN THE MIDDLE OF THE QUESTIONS, OR IN THE MIDDLE OF HER
3 ANSWERS TO YOUR QUESTIONS.
4 I HAVE HAD AN OPPORTUNITY TO SPEAK A COUPLE OF TIMES
5 AND YOU WANT TO CUT ME OFF IN THE MIDDLE OF IT. NOW,
6 WHICH INDICATES TO ME YOU'RE NOT LISTENING TO WHAT I HAVE
7 TO SAY EITHER. SO YOU WANT TO BRING THIS FOURTEEN-YEAR-
S OLD CHILD INTO THE COURTROOM AND PUT HER IN THE MIDST OF
9 THIS ARGUMENT? I'M NOT HEARING ABOUT CUSTODY, I'M NOT
10 HEARING ABOUT VISITATION. THAT'S WHY I'D ASKED WHEN Y'ALL
11 STARTED IN HERE ABOUT HAD EITHER ONE OF YOU BOTHERED TO
12 READ THESE CODE SECTIONS THAT I WAS REFERRING TO.
13 MR. FREEMAN: YES, SIR.
14 THE COURT: BUT I'M HAVING NOTHING TO DO AT THIS
15 POINT ABOUT VISITATION, ABOUT CUSTODY. YOU'VE GOT THOSE
16 MATTERS UNDER APPEAL TO THE COURT OF APPEALS, DO YOU NOT?
17 MR. FREEMAN: YES, SIR.
18 THE COURT: THE ONLY THING I'M HEARING IS ABOUT THIS
19 STALKING, IS IT NOT?
20 MR. FREEMAN: YES, SIR.
21 THE COURT: WHAT DOES THIS CHILD KNOW ABOUT OR NOT
22 KNOW ABOUT STALKING? OR ANY ALLEGED STALKING I SHOULD, I
23 GUESS IS THE WAY TO PUT IT.
24 MR. FREEMAN: THE PETITIONER HAS STATED THAT THE
25 CHILD IS, I GUESS IN FEAR OR -- SO I THOUGHT IT WAS
27
1 IMPORTANT . I TAKE A T.P . O. SERIOUS ENOUGH THAT IF A
2 FOURTEEN-YEAR-OLD IS IN FEAR OF HER FATHER, THEN MAYBE THE
3 COURT SHOULD HEAR WHAT SHE HAS TO SAY .
4 MS . TODD: I OBJECT. IT DOESN'T STATE THAT THE MINOR
5 CHILD IS IN FEAR . AND, ALSO, THE RESPONDENT SERVED OUR
6 MINOR DAUGHTER WITH PAPERS AT HER HIGH SCHOOL AND ON HERE
7 NOTED, " PLEASE SERVE AT SOUTH PAULDING HIGH SCHOOL ." HOW
8 EMBARRASSING . SHE WAS MORTIFIED. I MEAN , WHO WOULD DO
9 THAT?
THE COURT: WHO' S YOUR NEXT WITNESS AFTER THE CHILD?
MR. FREEMAN: VICTORIA STEWART.
THE COURT: WHO IS VICTORIA STEWART?
MR. FREEMAN: SHE' S MY STEP-DAUGHTER.
THE COURT: HOW OLD IS SHE?
MR. FREEMAN: TWENTY-TWO. EVERYONE ELSE IS EIGHTEEN
10
11
12
13
14
15
16
17
OR OLDER .
THE COURT : CALL YOUR NEXT WITNESS . I'LL SEE ABOUT
18 THE CHILD IN A LITTLE WHILE BUT CALL YOUR NEXT WITNESS .
19 (WHEREUPON, THE WITNESS ENTERS THE COURTROOM. )
20 THE COURT : YOUNG LADY, IF YOU WOULD COME RIGHT UP
21 HERE PLEASE , MA' AM.
22 (WHEREUPON, THE WITNESS WAS SWORN . )
2 3 THE COURT: TAKE A SEAT, MA'AM. IF YOU WOULD, WHEN
24 YOU SPEAK, SPEAK TOWARD THAT MICROPHONE PLEASE AND STATE
25 YOUR NAME FOR THE RECORD, IF YOU WOULD.
28
I
1 THE WITNESS: ALL RIGHT . MY NAME IS VICTORIA
2 CONSTANCE STEWART .
3 THE COURT: STEWART . SPELL THE LAST NAME STEWART FOR
4 ME .
5 THE WITNESS: S-T-E-W-A-R-T (SPELLING) .
6 THE COURT: MR . FREEMAN, YOU HAVE QUESTIONS FOR THIS
7 WITNESS?
8 MR. FREEMAN: I DO .
VICTORIA STEWART 9
10
11
12
WAS CALLED AS A WITNESS AND , HAVING FIRST BEEN DULY
SWORN , WAS EXAMINED AND TESTIFIED AS FOLLOWS :
DIRECT EXAMINATION
13 ~ y MR. FREEMAN:
14 Q MS . STEWART , WHAT CAN YOU TELL US -- THE PETITIONER
15 IS YOUR MOTHER, NO?
16 A YES .
17 Q IS THERE ANYTHING YOU WOULD LIKE TO TELL THE COURT
18 ~ O U T YOUR MOTHER' S CHARACTER, OR HER PERSONAL
19 MS. TODD: I OBJECT . WHAT DOES THAT HAVE TO DO WITH
20 THE PROTECTIVE ORDER, WITH YOU TEXTING?
21 MR. FREEMAN: YOUR HONOR, I HAVE A CROSS-CLAIM, AND
22 THE PROTECTIVE ORDER SHE CLAIMS THAT SHE ' S IN FEAR .
23 I ' M TRYING TO GET TO THE BOTTOM OF WHETHER THE FEAR IS
24 REASONABLE OR NOT . SHE HAS PERSONAL KNOWLEDGE OF THE
25 PETITIONER AND SHE KNOWS IF FEAR IS REASONABLE . SHE HAS
29
1 TO -- THE PETITIONER MUST PROVE INTENT AND MUST PROVE
2 REASONABLE FEAR . MY WITNESSES CAN ATTEST TO THAT .
3 THE COURT: ANYTHING FURTHER?
4 MR. FREEMAN: NO, SIR.
5 THE COURT: THIS IS ANOTHER ONE OF YOUR CHILDREN?
6 MR. FREEMAN: YES , SIR.
7 MS . TODD: SHE ' S MY DAUGHTER . WE WERE NEVER MARRIED .
8 SHE ' S FROM MY HUSBAND, ROBERT WALTON TODD, JUNIOR .
9 THE COURT: ANYTHING FURTHER?
10
11
12
13
14
MR. FREEMAN: I HAVE QUESTIONS FOR HER .
THE COURT: PARDON?
MR. FREEMAN: I HAVE QUESTIONS FOR HER .
THE COURT: I ' LL GET TO THAT .
MR. FREEMAN: SORRY .
15 THE COURT: ANYTHING FURTHER, MA' AM? MS . TODD,
16 ANYTHING FURTHER?
17 MS. TODD: YES , YOUR HONOR, I JUST THINK HE ' S GOING
18 TO PULL EACH OF OUR DAUGHTERS IN FOR CHARACTER WHEN IT HAS
19 NOTHING TO DO WITH T . P . O. AT ALL . IT' S JUST ANOTHER WAY
20 OF HIM VOICING WHAT HE COULDN' T BECAUSE HE DISMISSED OUR
21 CUSTODY CASE AND IT' S JUST WASTING THE COURT ' S TIME .
22
23
24
25
THE COURT: MR . FREEMAN?
MR. FREEMAN: YES , SIR.
THE COURT: YOU WENT TO LAW SCHOOL SOMEWHERE?
MR. FREEMAN: I DID NOT .
30
1
2
3
THE COURT: YOU HAVE STUDIED THE LAW EXTENSIVELY?
MR. FREEMAN: I HAVE NOT.
THE COURT: AND YOUR QUESTION TO THIS WITNESS WAS
4 WHAT IS MS. TODD'S CHARACTER?
5 MR. FREEMAN: MY QUESTION TO THE WITNESS IS WHETHER
6 MS. TODD'S FEAR, IN HER OPINION BASED ON HER KNOWLEDGE OF
7 MS. TODD, IS REASONABLE.
8 THE COURT: THAT'S NOT THE QUESTION YOU ASKED A FEW
9 MINUTES AGO. YOU ASKED SOMETHING THAT INVOLVED THE WORD
10 CHARACTER JUST A MOMENT AGO.
11
12
MR. FREEMAN: I MISPHRASED MYSELF, I'M SORRY.
THE COURT: WELL, I THINK YOU KIND OF MIGHT BE ON
13 SHAKY GROUND THERE, AND AS TO HER OBJECTIONS TO THAT FIRST
14 QUESTION YOU ASKED, I'M GOING TO SUSTAIN IT, NOT
15 NECESSARILY ON THE GROUNDS THAT SHE SAID, BUT I'LL SUSTAIN
16 THE OBJECTION.
17 NOW, ASK YOUR QUESTION OF THIS WITNESS, WHATEVER THE
18 QUESTION IS GOING TO BE.
19 BY MR. FREEMAN: (RESUMING)
20 Q OKAY. MS. STEWART, DO YOU KNOW WHY WE'RE HERE TODAY?
21
22
23
A
Q
A
YES.
WHY ARE WE HERE?
MY MOM, JODY, PUT A T.P.O. AGAINST YOU, TEMPORARY
24 PROTECTION ORDER, AGAINST YOU WITH HER AND LEONA.
25 Q KNOWING YOUR MOTHER, DO YOU BELIEVE THAT SHE HAS A
31
1 REASONABLE FEAR? KNOWING YOUR MOTHER AND ME THROUGH THE YEARS ,
2 IS THAT A REASONABLE FEAR TO YOU?
3
4
5
MS . TODD: I OBJECT .
THE COURT: STATE YOUR GROUNDS , MA'AM.
MS. TODD : THAT ' S HER PERSONAL OPINION .
6 MR. FREEMAN: YOUR HONOR, SHE HAS A PERSONAL
7 KNOWLEDGE OF BOTH OF US .
8 MS. TODD : SHE ' S LIVED WITH ME TILL SHE WAS TWENTY,
9 UNTIL SHE GOT MARRIED TO HER HUSBAND .
10 THE COURT : I ' LL OVERRULE YOUR OBJECTION .
11 UNIDENTIFIED WOMAN: WHICH IS MY SON .
12 THE COURT: ARE YOU A PARTY TO THIS , MA' AM? OR YOU A
13 NAMED PARTY --
14 MR. FREEMAN: NO , SIR.
15 UNIDENTIFIED WOMAN: I'VE BEEN KNOWING JODY AND GIL
16 FOR A WHILE , YOUR HONOR.
17 THE COURT: ARE YOU A NAMED PARTY TO THIS ACTION,
18 MA'AM?
19
20
21
22
23
UNIDENTIFIED WOMAN: NO, I ' M NOT .
THE COURT: THEN YOU WILL NEED TO BE QUIET .
UNIDENTIFIED WOMAN: I ' M GOING TO LEAVE .
THE COURT: WHATEVER, MA' AM .
THE WITNESS: WHAT WAS THE QUESTION?
24 THE COURT: I HAVE NO EARTHLY IDEA AT THIS POINT ,
25 MA' AM .
32
1
2
THE WITNESS: OKAY.
THE COURT: HE'S GOING TO STATE IT AGAIN IN JUST A
3 MINUTE.
4 BY MR. FREEMAN: (RESUMING)
5 Q IN YOUR MOTHER'S IN THE PETITIONER'S T.P.O., SHE
6 CLAIMS THAT THERE HAS BEEN DOMESTIC VIOLENCE IN THE PAST. TO
7 YOUR RECOLLECTION HAS THERE EVER BEEN DOMESTIC VIOLENCE IN OUR
8 PAST?
9
10
A
Q
NO.
IN OUR PAST WHERE DOMESTIC VIOLENCE HAS OCCURRED, OR
11 OBVIOUSLY, YOU SAID THERE WAS NONE
12 MS. TODD: I OBJECT. HE WAS ARRESTED FOR DOMESTIC
13 VIOLENCE IN DEKALB COUNTY WHEN VICTORIA WAS APPROXIMATELY
14 FOUR. SHE WAS NOT WITNESS TO IT BECAUSE I ASKED HER TO
15 REMAIN IN THE ROOM.
16 MR. FREEMAN: SHOULD I RESPOND TO HER OBJECTION?
17 THE COURT: WHAT'S YOUR RESPONSE, SIR?
18 MR. FREEMAN: YOUR HONOR, I WAS NOT CONVICTED OF A
19 SINGLE THING WITH THAT ARREST AND THE PETITIONER RETRACTED
20 HER STATEMENT. WE WENT TO COURT THREE TIMES AND THE
21 POLICE OFFICER WOULD NOT EVEN TESTIFY AGAINST ME.
22 MS. TODD: I OBJECT, THAT'S NOT TRUE.
23 MR. FREEMAN: IT WAS FOURTEEN --
24 THE COURT: EXCUSE ME. SHE MADE AN OBJECTION, YOU
25 MADE AN OBJECTION. YOU WANT ME TO RULE ON THE OBJECTIONS
33
1 FOR THE RECORD, DO YOU NOT? YOU WANTED THE TRANSCRIPT SO
2 YOU COULD POSSIBLY FILE AN APPEAL.
3 MR . FREEMAN: YES, SIR.
4 THE COURT : IF YOU WANT THE COURT REPORTER TO GET
5 DOWN EVERYTHING YOU MIGHT WANT ME TO RULE ON THE
6 OBJECTIONS .
7 (WHEREUPON, AN OFF-THE-RECORD DISCUSSION WAS HAD
8 CONCERNING ANOTHER MATTER. )
9 THE COURT: NOW, IN RESPONSE TO YOUR OBJECTION, A
10 WITNESS CAN TESTIFY AS TO WHAT THEY KNOW. IF THERE' S
11 SOMETHING THAT WOULD FURTHER CLARIFY THAT, YOU'LL GET AN
12 OPPORTUNITY TO ASK HER A QUESTION IN JUST A MOMENT FOR ANY
13 CLARIFICATION .
14 WHETHER OR NOT YOU WERE PROSECUTED, NOT PROSECUTED,
15 WHATEVER THE CASE MAY HAVE BEEN ABOUT THAT OTHER QUESTION,
16 THAT'S SOMETHING YOU' LL HAVE TO TAKE UP WITH THE WITNESS .
17 I'LL OVERRULE YOUR OBJECTION.
18 NOW, WHAT IS YOUR NEXT QUESTION FOR THIS WITNESS,
19 PLEASE?
2 0 BY MR. FREEMAN: (RESUMING)
21 Q IT' S BEEN SAID THAT THE SHERIFF'S OFFICE HAS BEEN TO
22 THE PETITIONER' S RESIDENCE SEVERAL TIMES TO REMOVE RESPONDENT .
23 THE PETITIONER HAS STATED THAT YOU LIVED IN HER HOME FOR THE
24 LAST TWENTY YEARS --
25 THE COURT: MA' AM, DO YOU KNOW WHAT A PETITIONER AND
34
1 RESPONDENT ARE, OR WHO THEY MIGHT BE? MISS?
2 THE WITNESS: ME? OH, I THOUGHT YOU WERE TALKING TO
3 MY MOM. YES, I DO.
4 THE COURT: OKAY. YOU UNDERSTAND HIS QUESTION?
5 THE WITNESS: YES, I DO.
6 !BY MR. FREEMAN: (RESUMING)
7 Q WERE YOU PRESENT AT ANY TIME THAT THE SHERIFF CAME TO
8 REMOVE ME -- ALLEGEDLY CAME TO REMOVE ME?
9 A NO.
10 Q NEVER BEFORE WAS THERE -- ON ANY OCCASION WAS I EVER
11 REMOVED?
12 A NO.
13 Q THERE WAS ONE OCCASION -- LET ME HELP YOU WITH YOUR
14 ~ E M O R Y THERE WAS ONE OCCASION THAT YOUR MOTHER, THE
15 PETITIONER, CALLED TO HAVE ME REMOVED FROM HER PROPERTY. DID I
16 SET FOOT ON HER PROPERTY?
17 A NO.
18 Q WHEN THE SHERIFF CAME, DID HE SAY I HAD REASON TO BE
19 THERE?
A YES. 20
21 MS. TODD: I OBJECT. YOU HEARD THE SHERIFF SAY THAT
22 MR. FREEMAN HAD A RIGHT TO BE ON JODY EBRIGHT TODD'S
23 PRIVATE PROPERTY?
24 MR. FREEMAN: YOUR HONOR, SHE CAN CROSS-EXAMINE HER
25 LATER.
35
1 THE COURT: SHE STATED THE WORD OBJECTION. I HAVE TO
2 LISTEN TO SEE WHAT THE --
MR . FREEMAN: OKAY.
THE COURT : OBJECTION MAY BE , IF IT IS A LAWFUL
OBJECTION AND HOW I WOULD RULE ON IT, MR . FREEMAN .
3
4
5
6 MS. TODD: I SHOULD SAY, YOUR HONOR, I OBJECT BECAUSE
7 SHE DIDN' T SPEAK WITH THE OFFICER AND DIDN' T HAVE
8 INVOLVEMENT.
9 THE COURT: THAT WILL PROBABLY BE AN ISSUE YOU NEED
10 TO CLARIFY WITH HER ON CROSS .
11 MS. TODD: THANK YOU .
12 THE COURT: NOW WHAT ' S YOUR QUESTION OF THE WITNESS ,
13 MR . FREEMAN?
14 MR. FREEMAN: I ' M TRYING TO -- I ' VE BEEN INTERRUPTED
15 SO MANY TIMES I'M TRYING TO REACCLIMATE MYSELF . MY
16 APOLOGIES, YOUR HONOR. SO HAD THE SHERIFF'S
17 THE COURT: YOU NEED TO CLARIFY DATES. YOU MAKE
18 REFERENCE TO THERE'S MULTIPLE EVENTS HAPPENING . YOU NEED
19 TO CLARIFY DATES , PLEASE, SIR, WITH THE WITNESS SO THEY'LL
20 KNOW WHAT EVENT YOU' RE TALKING ABOUT .
21 !BY MR. FREEMAN: (RESUMING)
22 Q DO YOU RECALL SUCH AN INSTANCE?
23
24
A
Q
2 5 OCCURRED?
YES .
WERE THERE ANY OTHER INSTANCES WHERE SUCH AN EVENT
36
I_
NO .
SO THERE WAS ONLY ONE INSTANCE WHERE THIS OCCURRED?
YES , TO MY KNOWLEDGE .
1
2
3
4
A
Q
A
Q AND DURING THAT INSTANCE , THE SHERIFF' S DEPUTY SAID I
5 HAD CAUSE TO BE THERE?
6
7
8
9
A
Q
A
Q
10 A
11 HOME .
12 Q
13 !ARRIVED?
14 A
15
16 WAS?
17
18
YES .
AND IT WAS WITHIN MY RIGHTS?
YES .
AND WAS ANY ACTION TAKEN AGAINST ME AT ALL?
NO , NO ACTIONS WERE TAKEN AGAINST YOU . YOU WENT
AND WAS I EVEN PRESENT WHEN THE SHERIFF' S DEPUTY
NO , YOU LEFT .
THE COURT: CAN WE CLARIFY FOR ME WHEN THIS EVENT
MR. FREEMAN: EXCUSE ME?
THE COURT: CAN YOU CLARIFY WITH THE WITNESS FOR ME
19 WHEN THIS EVENT TOOK PLACE?
20 MR. FREEMAN: I DON ' T HAVE
21 THE COURT: AN APPROXIMATION OF DATE . FIVE YEARS
22 AGO , FIFTEEN YEARS AGO , TWO MONTHS AGO?
23 BY MR. FREEMAN: (RESUMING)
24 Q DID THIS OCCUR IN SUMMER OF 2012?
25 A YES .
37
1 Q WAS IT MAYBE THE MONTH OF JULY 2012?
2 A I CAN'T BE SURE IF IT WAS IN JULY, I JUST KNOW IT WAS
3 IN THE SUMMER.
4 Q SO YOU'RE FAMILIAR WITH MY TIME WITH YOUR MOTHER,
5 CORRECT?
6 A TIME MEANING?
7 Q ANY TIME THAT OUR RELATIONSHIP WAS -- DURING OUR
8 RELATIONSHIP AND AFTER OUR RELATIONSHIP, YOU'RE AWARE OF-- YOU
9 HAVE KNOWLEDGE OF THAT, RIGHT?
10 A YES.
11
12
13
Q
A
Q
WERE THERE ANY INSTANCES OF DOMESTIC VIOLENCE?
TO MY KNOWLEDGE, NO.
DID -- AT ANY TIME DURING THIS PERIOD DID THE
14 PETITIONER, YOUR MOTHER, APPROACH ME AGGRESSIVELY DURING A
15 ~ E R B L CONFRONTATION?
16 A YES.
17
18
Q
A
AND DID I APPROACH HER IN THE SAME MANNER?
THERE WOULD BE TIMES WHEN IT WOULD GET TOO HEATED.
19 ~ E V E R PHYSICAL, BUT THERE WOULD BE TIMES WHEN IT GOT TOO
20 HEATED.
21 Q AND DID I EVER GIVE THE APPEARANCE OF BEING A
22 PHYSICAL THREAT TO PETITIONER?
23
24
25
A
Q
A
NO.
IN CHILDHOOD AND ADULTHOOD?
OH, THE PREVIOUS QUESTION WITH THAT?
38
1
2
3
Q
A
Q
RIGHT .
NO .
SO TO YOUR KNOWLEDGE I HAVE NEVER BEEN A PHYSICAL
4 THREAT TO YOUR MOTHER?
5 A NO .
6 Q AND HAS THE PETITIONER EVER BEEN A PHYSICAL THREAT TO
7 ~ N Y O N TO YOUR KNOWLEDGE?
8 A YES .
9 Q HAS SHE EVER APPROACHED YOU AGGRESS I VELY I N A
10 DOMESTIC VIOLENCE INSTANCE?
11 A NOT DOMESTIC VIOLENCE BUT YES , SHE HAS APPROACHED ME
12 AGGRESSIVELY .
13 Q IN A FIGHTING STANCE?
14
15
A
Q
YES .
HAS SHE EVER APPROACHED YOUR SISTERS IN A FIGHTING
16 STANCE IN A DOMESTIC DISPUTE?
17 A YES .
18 Q INCLUDING YOUR OLDER SISTER?
19
20
21
22
23
24
25
A
Q
A
Q
A
Q
ALEXANDRIA?
YES .
YES .
ALEXANDRIA NICOLE TODD IS YOUR OLDER SISTER?
YES .
HAS YOUR
MS. TODD: YOUR HONOR, HOW LONG IS THIS GOING TO GO
39
1 ON? I OBJECT . HE ' S JUST DRAGGING ME THROUGH THE MUD AND
2 THIS IS-- IT'S HER-- IT HAS NOTHING TO DO WITH THIS
3 T. P . O.
4 MR. FREEMAN: YOUR HONOR, IT HAS EVERYTHING TO DO
5 WITH WHETHER THE T.P . O. IS REASONABLE .
6 MS. TODD: YOU WORDED IT
7 THE COURT: OKAY . WHICH ARE WE ASKING FOR? ARE WE
8 TALKING ABOUT MS . TODD' S REQUEST FOR A T . P . O. ? ARE WE
9 TALKING ABOUT YOUR COUNTERCLAIM -- NO, HERS WAS FOR A
10 PROTECTIVE ORDER BASED ON STALKING, I BELIEVE , WAS IT NOT?
11 IS THAT NOT CORRECT?
MR. FREEMAN: CORRECT .
THE COURT: UH-HUH (AFFIRMATIVE) .
12
13
14 MR. FREEMAN: THE SAME AS MS . TODD' S PROTECTIVE ORDER
15 FOR STALKING.
16 THE COURT : YEAH, THAT ' S WHAT I'M JUST TALKING ABOUT,
17 MS . TODD' S REQUEST FOR A PROTECTIVE ORDER BASED ON
18 STALKING.
19
20
MR . FREEMAN: CORRECT .
THE COURT: YOU HAVE A COUNTERCLAIM HERE THAT YOU
21 ALLEGE THAT YOU SHOULD BE ENTITLED TO A PROTECTIVE ORDER .
22
23
MR . FREEMAN: CORRECT .
THE COURT: BASED ON?
24 MR. FREEMAN: THE PETITIONER STATES I N HER PETITION
25 THAT DOMESTIC VIOLENCE HAS OCCURRED IN THE PAST . WHAT THE
40
1 PETITIONER DOES NOT STATE IS THAT SHE WAS THE PERPETRATOR
2 OF THE DOMESTIC VIOLENCE . SO THAT WAS MY
3 THE COURT: YOU HAVE A COUNTERCLAIM ASKING FOR A
4 PROTECTIVE ORDER BASED ON WHAT?
5 MR. FREEMAN: BASED ON THE PETITIONER HARASSING ME ,
6 TELLING PEOPLE TO -- DEFAMING ME , BASICALLY .
7 MS. TODD: I OBJECT . DO YOU HAVE IT IN WRITING?
8 THAT' S HEARSAY .
9 THE COURT: OKAY . EXCUSE ME JUST A MOMENT . HOW LONG
10 DO YOU ANTICIPATE THIS MATTER TAKING, MR . FREEMAN?
11
12
13
MR. FREEMAN: I ' M UNCERTAIN, YOUR HONOR .
THE COURT: MS . TODD?
MS. TODD: I ' M DONE . I JUST BROUGHT THE PROOF OF IN
14 WRITING . ALL I WANT IS TO BE LEFT ALONE AND PROTECTED BY
15 AN ORDER THAT HE CAN' T COME TO MY HOUSE OR TEXT ME OR GET
16 ON FACEBOOK.
17 THE COURT: IT' S QUITE EVIDENT THAT Y' ALL DON' T LI KE
18 EACH OTHER. I UNDERSTAND THAT . FOR WHATEVER REASONS , YOU
19 DON' T LIKE EACH OTHER. NOW, MY QUESTION DEALT WITH
2 0 PETITIONS AND WHERE WE ' RE GOING . NOW, MS . TODD FILED A
21 PETITION ASKING FOR A PROTECTIVE ORDER BASED ON STALKING.
22 AND YOURS , MR . FREEMAN, YOU TELL ME IT' S BASED ON STALKI NG
23 ALSO . LET' S KIND OF STAY TO THAT SUBJECT THEN, INSTEAD OF
24 STRAYI NG OFF ALL OVER THE PLACE ABOUT EVERY PAIN AND ILL
25 THAT Y' ALL HAVE IN LIFE WITH EACH OTHER.
41
1
2
3
MR. FREEMAN: PART OF THE -- YOUR HONOR, MAY I SPEAK?
THE COURT : WHAT IS IT, MR . FREEMAN?
MR . FREEMAN: PART OF MY - - ALSO PART OF MY CROSS-
4 CLAIM IS REQUESTING THAT AGAIN, AS I HAD REQUESTED
5 PREVIOUSLY, THAT THE COURT GIVE MS . TODD A PSYCHOLOGI CAL
6 EVALUATION .
7
8
MS . TODD: I OBJECT .
THE COURT : I ' VE ALREADY TAKEN UP THAT ISSUE . I
9 RULED AGAINST YOU LAST TIME . I ' M NOT TAKING UP THAT ISSUE
10 AT THE MOMENT .
11 MR. FREEMAN: WELL, YOUR HONOR, UNDER 16-5-94 I CAN
12 REQUEST IT AGAIN OF THE COURT AND I WAS TRYING TO PRESENT
13 EVIDENCE TO SHOW THAT THERE' S MORE TO SUPPORT THAT . IN
14 THIS INSTANCE, NOT IN THE OTHER MATTER BUT IN THIS MATTER .
15 THE COURT: I'LL OVERRULE THE OBJECTION . ASK YOUR
16 NEXT QUESTION OF THIS WITNESS .
17 BY MR. FREEMAN: (RESUMING)
18 Q THE PETITIONER STATES THAT SHE HAS BEEN HARASSED
19 BETWEEN SEPTEMBER 13TH AND MARCH 1 9TH - - SEPTEMBER 13, 2013 TO
20 MARCH -- SEPTEMBER 2013 TO MARCH 19 , 2014 . DURING THAT PERIOD
21 YOU WERE INVITED TO A WEDDING CEREMONY, WERE YOU NOT?
22 MS . TODD: YOUR HONOR, I OBJECT . HE ' S GOING OFF
23 AGAI N AND IT HAS NOTHING TO DO WITH THE T. P . O. THIS IS
24 A WEDDING HAS NOTHING TO DO WITH THE T . P. O.
25 MR. FREEMAN: YOUR HONOR, IF I CAN' T FINISH WHAT I ' M
42
1 TRYING TO DO --
2 MS. TODD: IT'S IN THE PAPERS.
3 THE COURT: WHAT ARE YOU TRYING TO DO?
4 MR. FREEMAN: I'M TRYING TO BRING FORTH TO THE COURT
5 THAT IF SHE FEELS HARASSED WHY WOULD SHE INVITE HERSELF TO
6 A WEDDING --
7 MS. TODD: I OBJECT, I DID NOT INVITE MYSELF.
8 MR. FREEMAN: -- AND SIT AT THE TABLE WITH ME IF SHE
9 WAS IN FEAR OF ME. SHE'S JUST BADGERING ME, YOUR HONOR,
10 JUST EVERYTHING I SAY SHE'S OBJECTING, I CAN'T EVEN GET A
11 WORD OUT EDGEWISE. THIS SPEAKS TO THE T.P.O. THIS SPEAKS
12 TO HER QUESTIONS OF HARASSMENT. IF YOU FEEL HARASSED WHY
13 WOULD YOU GO TO A PARTY AND SIT AT A TABLE WITH THE PERSON
14
15 MS. TODD: I OBJECT. THE WEDDING WAS --
16 MR. FREEMAN: -- WHO YOU ALLEGE IS HARASSING YOU?
17 MS. TODD: THE WEDDING WAS IN SEPTEMBER. THE
18 HARASSING DIDN'T START UNTIL AFTER IN DECEMBER.
19 MR. FREEMAN: SEPTEMBER IS LISTED IN HER T.P.O.
20 SEPTEMBER TO MARCH, YOUR HONOR. THIS IS WITHIN THE PERIOD
21 OF THAT T.P.O.
22 THE COURT: I'LL OVERRULE THE OBJECTION. ASK THE
23 QUESTION.
24 ~ MR. FREEMAN: (RESUMING)
25 Q YOU WERE AT THE CEREMONY, CORRECT?
43
1 A YES.
2 Q YOU WERE INVITED, CORRECT?
3 A YES.
4 Q WAS THE PETITIONER INVITED, YOUR MOTHER?
5 A FROM MY KNOWLEDGE MS . SONYA SAID NO .
6 Q WHY WAS SHE NOT INVITED?
7 MS. TODD: I OBJECT .
8 BY MR. FREEMAN: (RESUMI NG)
Q ACCORDING TO MS. SONYA?
MS. TODD: THIS IS HEARSAY.
THE COURT: I ' LL SUSTAIN THE OBJECTION .
MR. FREEMAN: YOUR HONOR, I ' M ASKING --
THE COURT : I ' LL SUSTAIN THE OBJECTION, MR .
--
MR . FREEMAN: I WAS ASKING IN THE CONTEXT OF HER
SPEAKING DIRECTLY TO THE HOSTESS .
9
10
11
12
13
14
15
16 THE COURT : I DON'T CARE IN WHAT CONTEXT IT WAS, I 'LL
17 SUSTAIN THE OBJECTION . MOVE ON TO YOUR NEXT QUESTION.
18 BY MR. FREEMAN: (RESUMING)
19 Q AT ANY TIME DURING THIS PERIOD -- WHEN PETITIONER
2 0 ARRIVED AT THE PARTY, WHERE DID SHE SIT?
21
22
23
A
Q
A
AT THE TABLE WHERE WE WERE AT .
DID SHE DO ANYTHING ELSE WHILE AT THE PARTY?
SHE WAS FRIENDLY. SHE TALKED TO US. SHE TOOK
24 PICTURES WITH ME AND MY SISTERS AND SHE TOOK A PICTURE OF YOU
25 ~ O THE REST OF US , MY SISTERS .
44
1 Q WAS SHE AT ANY TIME APPEAR TO BE FEARFUL OF
2 RESPONDENT?
3 A NO . SHE SEEMED PERFECTLY FINE .
4
5
6
Q
A
WHO TOOK RESPONDENT ' S PLATE FROM THE TABLE?
MY MOM, SHE DID.
MR. FREEMAN: NO FURTHER QUESTIONS , YOUR HONOR .
7 THANK YOU , MS . TODD .
8 THE COURT: DO YOU HAVE ANY QUESTIONS FOR THIS
9 WITNESS?
10
11
MS. TODD: YES , I DO .
CROSS-EXAMINATION
12 !BY MS. TODD:
13 Q VICTORIA, ISN' T IT A TRUE FACT AND STATEMENT THAT YOU
14 TOLD ME ONCE YOU GRADUATED HIGH SCHOOL , IF I DID NOT LEAVE MR .
15 FREEMAN, THAT YOU WOULD NEVER COME HOME AND VISIT ME AND THAT
16 ~ S THE REASON I PURCHASED MY HOME?
17 A YES , I TOLD YOU THAT , MY JUNIOR YEAR .
18 Q YES . AND I MOVED OUT?
19
2 0
21
22
A
Q
A
Q
YES .
AND I PURCHASED MY HOME BECAUSE OF THAT?
IN MARCH 2009 .
YES . AND AT THE WEDDING WE DID ALL TAKE PICTURES
23 TOGETHER, CORRECT?
24 A YES , MA' AM.
25 Q AND WE WERE ALL CIVIL, CORRECT?
45
1
2
A
Q
YES.
AND YOUR FATHER DID LEAVE THE WEDDING FOR -- SHORTLY
3 THEREAFTER, AFTER THE WEDDING VOWS WERE SAID?
4
5
A
Q
UH-HUH (AFFIRMATIVE) .
HE DEPARTED AND DID NOT RETURN TO THE WEDDING; IS
6 THAT CORRECT?
7
8
9
A YES.
MS. TODD: OKAY. THAT'S ALL I HAVE. THANK YOU.
THE COURT: IS THERE ANYTHING FURTHER OF THIS
10 WITNESS?
11
12
MR. FREEMAN: YES, YOUR HONOR.
REDIRECT EXAMINATION
13 BY MR . FREEMAN:
14 Q SINCE YOU BROUGHT IT UP ABOUT, WHICH IS OUTSIDE OF
15 THE PERIOD, ABOUT YOUR SAYING THAT WE'RE TOGETHER.
UH-HUH (AFFIRMATIVE) . 16
17
A
Q A FEW MONTHS AFTER YOU MOVED OUT AND MOVED WITH YOUR
18 MOTHER, WHAT DID YOU ASK ME?
19 A I ASKED TO MOVE BACK IN.
20 Q YOU WANTED TO MOVE BACK IN WITH ME?
21 A YES.
22 Q WHY IS THAT?
23 A IT WAS TOO STRESSFUL OF AN ENVIRONMENT.
24 Q AT YOUR MOTHER'S HOUSE?
25 A YES.
46
1 Q WERE YOU -- DID IT FEEL AS THOUGH YOU WERE WALKING ON
2 EGG SHELLS?
3 A YES.
4
5
6
Q
A
AND YOU FELT I HAD THE MORE STABLE HOME?
YES.
MS. TODD: I OBJECT .
7 MR. FREEMAN: YOUR HONOR, SHE BROUGHT THIS UP SO I 'M
8 TRYING TO ADDRESS WHAT SHE BROUGHT UP .
9 THE COURT: YOU DON'T NEED TO LEAD YOUR WITNESS .
10 I ' LL OVERRULE THE OBJECTION BUT DO NOT LEAD YOUR WITNESS,
11 PLEASE .
12 MR. FREEMAN: YES , SIR. NOTHING FURTHER, YOUR HONOR.
13 THE COURT : ANYTHING FURTHER OF THIS WITNESS?
14 MS . TODD : NO, SIR.
15 THE COURT: MA'AM, YOU MAY STEP DOWN.
16 WHO' S YOUR NEXT WITNESS, SIR?
17 MR. FREEMAN: I ' LL CALL MYSELF, YOUR HONOR .
18 THE COURT: COME AROUND. HOLD UP YOUR RIGHT HAND,
19 PLEASE , SIR.
20 (WHEREUPON, THE WITNESS WAS SWORN . )
21 THE COURT: TAKE A SEAT. WHEN YOU SPEAK, SPEAK
22 TOWARD THE MICROPHONE , PLEASE .
23 GILBERT FREEMAN
24 WAS CALLED AS A WITNESS AND, HAVING FIRST BEEN DULY
25 SWORN, WAS EXAMINED AND TESTIFIED AS FOLLOWS :
47
1 DIRECT TESTIMONY
2 MR . FREEMAN: YOUR HONOR, THIS MATTER IS, AS I SAID
3 IN THE OPENING STATEMENT, THAT MS. TODD IS SEEKING TO FIND
4 AN EQUITABLE REMEDY TO A PROBLEM THAT HAS A LEGAL REMEDY.
5 SHE DID NOT MENTION ANYTHING ABOUT FACEBOOK OR
6 ANYTHING ELSE IN HER PETITION . SO AS FAR AS I'M CONCERNED
7 IT WAS A BAIT AND SWITCH . YOU KNOW, THERE ' S NOTHING IN
8 THE T.P. O. ABOUT FACEBOOK OR ANY OTHER PROBLEMS THAT SHE
9 HAD REGARDING FACEBOOK. AND IF IT WAS THAT SEVERE TO HER
10 I THINK THAT SHE WOULD HAVE INCLUDED IT IN HER T . P.O.
11 MS. TODD: I OBJECT. I DID SHOW IT TO JUDGE BEAVERS
12 WHEN I FILLED OUT THE T . P . O.
13 THE COURT: WE'LL NOTE THAT FOR THE RECORD .
14 MR. FREEMAN: I'M -- BASICALLY I'M BEING BLINDSIDED,
15 BECAUSE WHAT SHE'S ARGUING IS NOT RELATED TO WHAT ' S IN THE
16 T. P . O. I ' VE ALREADY ESTABLISHED THAT SHE HAS A HANDFUL OF
17 INSTANCES OVER A LONG PERIOD OF TIME AND SHE ' S SAYI NG - -
18 IT' S NOT LIKE-- SHE HAS THE BURDEN OF SHOWING THAT INTENT
19 AND THAT SHE THAT IT WAS CONSISTENT HARASSMENT . THERE
2 0 IS NO INTENT TO HARASS MS . TODD . ONE OR TWO TIMES
21
22
2 3
24
MENTIONING HER NAME , THERE' S NO REPETITION, THERE' S NO
REDUNDANCY, THERE' S NO SUPPORT FOR REDUNDANCY OF
HARASSMENT .
I HAD BUSINESS WITH MS . TODD . WE HAVE TO COPARENT .
25 SHE REFUSES TO SPEAK TO ME, SO I CAN' T - - IN ORDER FOR ME
48
I .
1 TO SPEAK TO HER AND TO COPARENT, I HAVE TO CONTACT HER.
2 MS. TODD: I OBJECT. I OBJECT .
3 MR. FREEMAN: SHE WILL NOT CONTACT ME. I HAVE COURT
4 ORDERS THAT SAY
5 THE COURT: JUST A MOMENT. REMEMBER, YOU WANTED THE
6 RECORD PERFECTED. SHE MADE AN OBJECTION. LET ME HEAR
7 WHAT THE OBJECTION IS, PLEASE.
8 MR. FREEMAN: YES, SIR.
9 MS. TODD: THE TEXTS ARE NOT ABOUT -- TICK-TOCK IS
10 NOT ABOUT CUSTODY. THAT'S A THREAT, SO
11 MR. FREEMAN: THAT'S NOT A THREAT.
12 MS. TODD: AND WE'RE NOT DISCUSSING CUSTODY, THIS IS
13 A T.P.O. HEARING .
14 THE COURT: DO YOU WISH TO RESPOND TO THE OBJECTION,
15 SIR?
16 MR. FREEMAN: YES, YOUR HONOR. THIS IS A T. P.O.
17 HEARING, BUT WE ARE COPARENTING. I HAVE TO CONTACT HER.
18 WE HAVE TO HAVE SOME FORM OF COMMUNICATION IN ORDER TO
19 COPARENT. I'VE GONE ALMOST TWO YEARS WITHOUT SEEING MY
20 CHILD.
21 MS. TODD: I OBJECT .
22 MR. FREEMAN: I'VE GONE ALMOST TWO YEARS WITHOUT
23 SEEING MY CHILD.
THE COURT: DO YOU WISH TO 24
25 MR. FREEMAN: WHAT ARE THE GROUNDS OF HER OBJECTION?
49
1 MS . TODD : WHAT DOES THAT HAVE TO DO WITH TICK-TOCK?
2 WHAT DOES THIS HAVE TO DO WITH THE THREATS?
3 MR. FREEMAN: TI CK-TOCK MEANS THAT YOU' RE THIN-
4 SKINNED AND IT'S NOT A THREAT. TICK-TOCK MEANS TIME' S
5 RUNNING OUT ON YOUR LIES. AND OBJECTING AND HARASSI NG ME
6 ON THE WITNESS STAND TO BADGER ME INTO BECOMING SOMETHING
7 I'M NOT IS , YOU KNOW, NOT GOING TO HAPPEN. ALL I WANT TO
8 DO IS -- YOUR HONOR, I'M TRYING TO FOLLOW-- I WASN' T
9 TRYING TO HARASS HER . I CAME TO HER HOUSE TWO TIMES, YOUR
10 HONOR .
11 THE COURT : WHAT IS THE PURPOSE OF SENDING ANY EMAIL,
12 ANY TEXT THAT SAYS TICK-TOCK?
13
14
15
MR. FREEMAN: YOUR HONOR, I SENT NO --
THE COURT: WHAT IS THE PURPOSE OF IT?
MR. FREEMAN: IT WAS JUST TO TELL HER THAT TIME IS
16 RUNNING OUT ON THE LIES.
17 THE COURT: I SEE . OKAY . NOW THAT WE ' VE
18 SUFFICIENTLY GOT AWAY FROM THE OBJECTION, DO YOU WISH TO
19 RESPOND NOW?
20 MR. FREEMAN: I DID TELL HER -- I DID TELL HER WHAT
21 TICK-TOCK MEANS AT THE TIME .
22 THE COURT: DO YOU WISH TO RESPOND TO THE OBJECTION
23 THAT SHE MADE?
24 MR. FREEMAN: I ' M SORRY, I MISSED THE GROUNDS OF HER
25 OBJECTION . SHE DIDN' T STATE THE GROUNDS FOR HER
50
1 OBJECTION .
2
3
THE COURT: NO, SIR, THAT ' S BECAUSE YOU TALKED--
MR. FREEMAN: SIR?
4 THE COURT: IT ' S BECAUSE YOU KEEP TALKING . YOU ALSO
5 HAVE TO KEEP YOUR EARS OPEN . NOW STATE YOUR OBJECTION
6 AGAIN FOR HIM, MA' AM .
7 MS. TODD: YOU ' RE SPEAKING TO THE CUSTODY CASE , NOT
8 TO WHAT ' S ON THE T . P. O. AND JUDGE BEAVERS ASKED US TO
9 STICK TO THE T. P. O. AND NOT REFERENCE YOUR VISITATION IN
10 THE CUSTODY CASE BECAUSE IT ' S IN APPELLATE COURT AND IT' S
11 JUST DRAWING THIS OUT LONGER .
12
13
MR.. FREEMAN: YOUR HONOR, THE T. P . O. IS -- CORRELATES
TO THE VISITATION . I HAVE BEEN FOLLOWING JUST BECAUSE
14 THE ORDER IS UNDER APPEAL DOESN' T MEAN I STOP PAYING CHILD
15 SUPPORT . I STILL PAY THE CHILD SUPPORT , AND THE ORDER IS
16 STILL IN EFFECT , TO MY UNDERSTANDING, SO THE VISITATION
17 SHOULD STILL BE IN EFFECT .
18 THE COURT: OKAY . WHAT HAS CHILD SUPPORT GOT TO DO
19 WITH THIS?
20 MR. FREEMAN: I ' M FOLLOWING THE ORDER, AND PART OF
21 THAT ORDER IS VISITATION AND CHILD SUPPORT . I ' M FOLLOWING
22 MY PART OF IT . SHE IS NOT FOLLOWING HER PART OF IT . SHE
23 IS NOT FOLLOWING THE VISITATION . SHE IS OBSTRUCTING THE
24 VISITATION IN ANY MANNER SHE CAN . SHE ' S NOT ALLOWED ME TO
25 SEE MY CHILD FOR TWO YEARS .
51
1 THE COURT: BUT I ' M NOT TAKING UP VISITATION. I'M
2 TAKING UP WHETHER OR NOT A PROTECTIVE ORDER SHOULD BE
3 ENTERED AGAINST ONE OR BOTH OF YOU. I CAN'T DO ANYTHING
4 ABOUT VISITATION. I CAN' T DO ANYTHING ABOUT CHILD
5 SUPPORT . ISN' T MY ISSUE WHETHER OR NOT TO ISSUE A
6 PROTECTIVE ORDER TO MS . HOOD (SIC) AGAINST YOU , OR A
7 PROTECTIVE ORDER AGAINST MS . HOOD (SIC) -- PROTECTIVE
8 ORDER TO MS . HOOD (SIC) AGAINST YOU OR A PROTECTIVE ORDER
9 TO YOU AGAINST MS . HOOD (S I C) -- OR TODD, I ' M SORRY.
10 THAT ' S WHAT I ' M WORKING HERE ON, ISN' T IT?
11 MR. FREEMAN: YES , SIR.
12 THE COURT: OKAY . WHAT HAS CHILD SUPPORT OR
13 VISITATION GOT TO DO WITH WHETHER I SHOULD ISSUE THIS
14 PROTECTIVE ORDER OR NOT?
15 MR. FREEMAN: WHEN I CONTACT MS . TODD I HAVE
16 LEGITIMATE BUSINESS . THE LEGITIMATE BUSINESS IS
17 VISITATION. I'M TRYING TO FOLLOW AN ORDER . THAT ' S
18 LEGITIMATE BUSINESS. IN THE STATUTE, 16-5-94 SAYS THAT
19 IF YOU DO NOT HAVE LEGITIMATE BUSINESS , BUT I HAVE
20 LEGITIMATE BUSINESS TO CONTACT HER .
21
22
23
THE COURT:
SAYS TICK-TOCK?
MR. FREEMAN :
AND THAT'S WHY WE SEND THE MESSAGE THAT
THAT' S THE MESSAGE?
YOUR HONOR, I SENT THE TEXT LIKE THAT
24 YOUR HONOR, I HAVEN' T SEEN MY DAUGHTER I N THREE YEARS .
25 IT' S VERY DIFFICULT TO BE PATIENT.
52
1 THE COURT: NO . IF YOU ' VE GOT TO LEGITIMATELY
2 CONTACT THE LADY ABOUT VISITATION, WHY DO YOU SEND THE
3 MESSAGE TICK-TOCK?
4 MR. FREEMAN: BECAUSE SHE DELIBERATELY OBSTRUCTS ANY
5 CONTACT WITH MY DAUGHTER . SHE DOESN'T ALLOW TELEPHONE
6 TALKS WITH HER, SHE DOESN'T ALLOW ME VISITATION . SO, YOUR
7 HONOR
8 THE COURT: I DON'T --
9 MR. FREEMAN: IF I SAY TICK-TOCK -- CAN I FINISH,
10 SIR? IF I SAY TICK-TOCK THREE TIMES IN FOUR MONTHS, I
11
12
13
14
15
16
17
18
19
2 0
21
22
23
2 4
25
DON'T CONSIDER THAT HARASSMENT. THAT'S NOT SHOWING THE
PETITIONER IS FAILING TO SHOW -- I MEAN, ESPECIALLY WHEN I
EXPLAINED TO HER WHAT TICK-TOCK MEANS . IT' S NOT A THREAT .
IT'S JUST THAT TIME WILL RUN OUT ON THE LIES. YOU CAN
KEEP LYING TO OUR DAUGHTER BUT THE TIME WILL RUN OUT .
I ' M NOT SAYING IT - - I SAID IT THREE TIMES IN FOUR
MONTHS . I 'M NOT SAYING IT THREE TIMES IN A DAY, NOT THREE
TIMES IN A WEEK, NOT THREE TIMES IN A MONTH .
THE COURT: I ' M LISTENING . GO AHEAD .
MR. FREEMAN: SO, YOU KNOW, I THINK SHE' S THIN-
SKINNED, BUT IF TICK-TOCK BOTHERS THAT MUCH I WILL NEVER
SAY IT AGAI N AND I APOLOGIZE TO HER FOR HAVING EVER SAID
IT . BUT I DON' T THINK THAT SAYI NG TICK- TOCK THREE TIMES
IN FOUR MONTHS IS REASONABLE FEAR . THAT DOESN' T ESTABLISH
REASONABLE FEAR. JUST LIKE YOU SAID, IF I TOLD PRESI DENT
53
1 OBAMA TICK-TOCK THREE TIMES IN FOUR MONTHS, I DON'T THINK
2 HE'D HAVE SECRET SERVICE COMING KNOCKING ON MY DOOR.
3 IF I SAID TIME WAS RUNNING OUT ON HIS PRESIDENCY,
4 TICK-TOCK, I DON'T THINK PRESIDENT OBAMA WOULD SEND SECRET
5 SERVICE TO MY DOOR.
6 THE COURT: ANYTHING FURTHER, SIR?
7 MR. FREEMAN: I JUST WANT TO REITERATE THAT I HAD
8 LEGITIMATE BUSINESS WITH MS. TODD. I CAME BY TO FOLLOW
9 THE ORDER THAT WAS ISSUED BY THIS COURT ON TWO OCCASIONS ,
10 AND MS. TODD DID NOT OBJECT OR FEEL THREATENED UNTIL --
11 THE TIMING IS IMPECCABLE. SHE DID NOT FEEL THREATENED
12 UNTIL I TRIED TO INSIST UPON MY DAUGHTER DOING VISITATION .
13 AND WHEN I DID THAT I FOLLOWED THE RULES AND I DID I T
14 LEGITIMATELY.
15 THE FIRST TIME, BECAUSE TO AVOID ANY CONFUSION, I
16 SENT BOTH OF OUR DAUGHTERS TO THE DOOR, NOT TO BANG ON THE
17 DOOR BECAUSE THEY DIDN'T BANG ON THE DOOR . THE DOGS WERE
18 BANGING ON THE DOOR . SHE HAS A CHOCOLATE LAB AND ANOTHER
19 LITTLE DOG, AND THEY WERE BANGING ON THE DOOR, NOT OUR
20 DAUGHTERS . AND I SENT THEM TO THE DOOR SO THERE WOULD BE
21 NO CONFUSION OR ANY FEEL OF A THREAT. SO I STAYED ON THE
22 STREET AWAY FROM HER PROPERTY.
23 THE SECOND TIME, AND THE ONLY REASON WHY WE WENT THEN
24 IS BECAUSE I CALLED THE SHERIFF' S DEPARTMENT , WHI CH IS NOT
25 IN THE REPORT , BUT IT IS IN THE SECOND REPORT . I CALLED
54
1 THE SHERIFF' S DEPARTMENT AND ASKED THEM FOR A STAND BY SO
2 THAT THERE WOULD BE NO CONFUSION OR ANY FEELINGS OF
3 THREAT . I TRIED EVERYTHING I COULD TO COMPLY . I TRY
4 EVERYTHING . ALL I WANT TO DO IS BE A FATHER TO MY CHILD
5 AND HAVE HER IN OUR LIVES , AND RIGHT NOW SHE ' S OBSTRUCTED
6 ME AND NOT ONLY
7 MS. TODD: I OBJECT . WE ' RE STICKING TO THE T . P . O.,
8 NOT THE CUSTODY .
9 MR. FREEMAN: RIGHT. AND SPEAKING TO YOUR T . P . O., I
10 HAVE LEGITIMATE BUSINESS SO LONG AS I ' M TRYING TO CONTACT
11 YOU IN REGARDS TO MY VISITATION OF OUR DAUGHTER . THAT ' S
12 LEGITIMATE BUSINESS . I ' M TRYING TO CONTACT YOU TO SEE --
13 TO FOLLOW THIS COURT ' S ORDER . I ' M CONTACTING YOU AND YOU
14 REFUSE TO COOPERATE . I COOPERATE .
15 YOUR HONOR, SHE HAS BEEN RECALCITRANT TO THE ORDER OF
16 THIS COURT . SHE FLAUNTS THE ORDERS OF THIS COURT . I
17 FOLLOW THE ORDERS OF THE COURT , REGARDLESS IF IT' S ON
18 APPEAL OR NOT . AND THE SECOND TIME I CAME , I HAD THE
19 SHERIFF DEPUTY -- HE TOLD ME TO WAIT AROUND THE BLOCK .
20 IT ' S IN THE REPORT--
21 MS. TODD: I OBJECT , YOUR HONOR .
22 MR. FREEMAN: -- THAT I SUBMITTED TO THE COURT .
23 MS. TODD: I OBJECT , YOUR HONOR . MY NEIGHBOR --
24 MR. FREEMAN: AND HE WENT AND CHECKED TO THE DOOR FOR
25 ME .
55
1
2
3
4
MS. TODD: I OBJECT. THAT'S NOT IN THE REPORT.
THE COURT: WELL, WOULDN'T IT BE HEARSAY ANYWAY?
MR. FREEMAN: YOUR HONOR --
THE COURT: EXCUSE ME A MOMENT.
5 MS. TODD: YES, SIR, IT WOULD BE.
6 THE COURT: WOULDN'T IT BE HEARSAY ANYWAY? THE
7 TRUTHFULNESS OF WHAT'S IN THAT REPORT WOULD BE DEPENDENT
8 UPON SOMEBODY ELSE THAT'S NOT OUT HERE IN COURT TO BE
9 CROSS-EXAMINED, AND THE REPORT'S NOT EVEN IN EVIDENCE
10 ANYWAY, WHICH WOULD HAVE PROBABLY BEEN THE HIGHEST AND
11 BEST EVIDENCE OF WHAT WAS IN THE REPORT.
12 MR. FREEMAN: YOUR HONOR, I SUBMITTED THAT, THE
13 ORIGINAL COPY OF THE REPORT AND THE SHERIFF DEPARTMENT
14 WITH MY PAPERWORK AS SUPPORTING DOCUMENTATION FOR MY
15 COUNTER CROSS-CLAIM. IT'S IN THE PAPERWORK FOR THE CROSS-
16 CLAIM.
17
18
19
THE COURT: BUT IT'S NOT IN EVIDENCE, IS IT?
MR. FREEMAN: MAY I SUBMIT IT TO THE EVIDENCE NOW?
THE COURT: YOU HAVE TO LAY THE FOUNDATION.
20 MR. FREEMAN: MS. TODD, DO YOU OBJECT TO ME
21 SUBMITTING THE
MS. TODD: YES.
MR. FREEMAN:
MS. TODD: I DO.
THE REPORT?
22
23
24
25 THE COURT: I THINK YOU'VE BOTH LOST TRACK OF WHERE
56
1 YOU'RE GOING ANYWAY. SO IS THERE ANYTHING ELSE YOU WANT
2 TO TELL ME ABOUT THIS CASE, SIR?
3 MR. FREEMAN: YES. YOUR HONOR, MS. TODD IS JUST
4 STRICTLY TRYING TO OBSTRUCT ANY VISITATION, AND SHE'S NOT
5 FOLLOWING THE ORDER OF THIS COURT, WHICH IS LEGITIMATE
6 BUSINESS FOR ME TO HAVE CONTACT WITH HER. I DON'T CONTACT
7 HER FOR ANY OTHER REASON. AND I SAID TICK-TOCK THREE
8 TIMES IN FOUR MONTHS, AND IF I -- IF THE COURT INSTRUCTS
9 ME -- IF THE COURT DOESN'T INSTRUCT ME I WILL NEVER SAY
10 TICK-TOCK TO HER AGAIN. IT'S JUST, I LOST PATIENCE AFTER
11 TWO YEARS OF NOT SEEING MY DAUGHTER, BEING STONEWALLED.
12 SO IF TICK-TOCK, IF SHE FINDS TICK-TOCK OFFENSIVE, ALL SHE
13 HAS TO DO IS SAY PLEASE DON'T SAY TICK-TOCK TO ME AND I'LL
14 STOP SAYING IT. I HAVEN'T SAID IT TO HER SINCE MARCH OF
15 THIS YEAR, OR MUCH EARLIER. SO I THINK SHE'S VERY THIN-
16 SKINNED TO THINK THAT TICK-TOCK IS SUFFICIENT GROUNDS FOR
17 A T.P.O.
18 EVERYTHING ELSE IN THAT -- EVERYTHING ELSE IN THAT
19 T.P.O. I HAVE DISPROVEN. I'VE SHOWN THE COURT, AND I WILL
20 SUBMIT TO THE COURT THE SHERIFF'S REPORT THAT SHOWS --THE
21 ONLY TWO REPORTS THE SHERIFF HAS ON FILE, I FILED AGAINST
22 THE PETITIONER. THE PETITIONER HAS NO REPORTS AGAINST ME.
23 I'M TRYING TO FOLLOW THE RULES.
24 I HAVE NEVER BEEN A THREAT TO THE PETITIONER, AND
25 THERE HAS NOT BEEN DOMESTIC VIOLENCE ON MY PART AGAINST
57
1 THE PETITIONER AT ANY TIME.
2 THE COURT: ANYTHING FURTHER, SIR?
3 MR. FREEMAN: NO, SIR.
4 THE COURT: MS. TODD, DO YOU HAVE ANY QUESTIONS FOR
5 THIS WITNESS?
6 MS. TODD: JUST A COUPLE, SIR.
7 CROSS-EXAMINATION
8 MS. TODD:
9 Q WHEN YOU FILED THE POLICE REPORTS WERE YOU AT MY
10 RESIDENCE OR WAS THAT AT YOUR RESIDENCE?
11 A WHEN I FILED WHAT --
12 Q WHEN YOU HAD THE POLICE REPORT YOU FILED SUPPOSEDLY.
13 YOU AT MY RESIDENCE OR WAS THAT AT YOUR RESIDENCE?
14 A I WAS IN YOUR NEIGHBORHOOD WITH THE POLICE OFFICER
15 AND HE SAID HE WOULD FILE A REPORT FOR ME. I REQUESTED HE --
16 Q DID YOU COME TO MY HOME?
17 A I DID NOT. I DID NOT COME TO YOUR HOME. THE POLICE
18 OFFICER WENT TO YOUR HOME. HE TOLD ME TO WAIT AROUND THE
19 CORNER AND DON'T GO NEAR THE HOUSE AND HE WENT TO YOUR HOUSE.
20 IT'S IN THE REPORT.
21 Q I'M SORRY, I WASN'T CLEAR WHAT I SAID TO YOU. THE
22 FIRST -- I DON'T HAVE THE DATE BECAUSE I DON'T HAVE THE POLICE
23 REPORT, BUT WHEN YOU CALLED THE POLICE TO MY HOUSE BECAUSE OF
24 YOU WERE AT MY RESIDENCE, RIGHT?
25 A I WAS AT YOUR RESIDENCE.
58
1 Q AND WHEN YOU CALLED THE POLICE FOR A CHILD CUSTODY
2 SWAP, I FORGET WHAT THE TERMINOLOGY IS, YOU CALLED THEM TO MY
3 RESIDENCE, CORRECT?
4 A CORRECT.
5 Q AND YOU STAYED AT THE TOP OF THE NEIGHBORHOOD WHILE
6 THEY CAME TO MY HOUSE?
7 A RIGHT, TO ASK YOU IF LEONA CAN COME AND DO
8 !VISITATION.
9 Q OKAY. AND THEN ON THE FACEBOOK POSTING WHERE YOU
10 STATE THAT --
11 MR. FREEMAN: I OBJECT, YOUR HONOR, TO ANY FACEBOOK
12 POSTINGS BECAUSE IT'S NOT LISTED IN THE T.P.O. ANYTHING,
13 I WANT ANYTHING I WOULD REQUEST TO THE COURT, STRIKE
14 ANYTHING HAVING TO DO WITH FACEBOOK BECAUSE IT'S NOT IN
15 THE T.P.O. THAT IS A BAIT AND SWITCH. SHE'S TRYING TO
16 BLINDSIDE ME.
17 THE COURT: DO YOU WISH TO RESPOND TO HIS OBJECTION
18 NOW?
19 MS. TODD: YES, YOUR HONOR. I DID SUBMIT THIS TO YOU
20 UPON REQUESTING THE T.P.O., AND YOU TOLD ME TO REMIND YOU
21 OF THESE FACEBOOK POSTINGS WHEN I CAME TO COURT AND MAKE
22 SURE THAT I HAD COPIES.
23
24
25
THE COURT: OVERRULE YOUR OBJECTION.
MR. FREEMAN: YOUR HONOR, IT'S --
THE COURT: ASK YOUR NEXT QUESTION PLEASE.
59
1 BY MS. TODD: (RESUMING)
2 Q YOU POSTED OUR TEXTS ON FACEBOOK JUST SAYING I WAS
3 CRYING WOLF AND ANOTHER SLAP IN THE FACE OF EVERY WOMAN THAT'S
4 TRULY BATTERED. WHEN I ASKED YOU NOT TO COME TO MY HOME ON
5 FRIDAY WHEN YOU SAID YOU WERE, YOU SAID, "YET AGAIN I WILL BE
6 THERE FRIDAY." YOU'RE GOING AGAINST THE THREAT.
7 YOU'RE TELLING ME YET AGAIN YOU'RE GOING TO COME TO
8 MY RESIDENCE WHEN I HAD PUT IN WRITING FOR YOU TO PLEASE STOP,
9 DO NOT COME TO MY HOUSE. DON'T COME TO MY HOUSE. THIS IS WHAT
10 I WROTE TO YOU IN THE TEXT AND YOU POSTED ON YOUR WEBSITE.
11 "DON'T COME TO MY HOUSE, GIL. I'M PUTTING IT IN WRITING.
12 LEONA TOLD YOU SHE ISN'T COMING AND YOU ARE NOT TO COME TO MY
13 HOUSE." YOU SAID, "SEE YOU FRIDAY." AND I'LL SHOW YOU THIS.
14 I DON'T HAVE BUT ONE COPY. "DON'T COME TO MY HOUSE. IF YOU DO
15 I WILL CALL THE POLICE ON YOU. I FEEL THREATENED BY YOU," AND
16 YOU CIRCLED FEEL THREATENED. AND YOU PUT DOWN, "YET AGAIN, I
17 WILL SEE YOU ON FRIDAY." AND I SAID, "YET AGAIN YOU WON'T."
18 AND YOU DID SHOW UP AT MY HOUSE.
19 A I DID NOT. YOUR -- OUR DAUGHTER SHOWED UP AT YOUR
20 HOUSE. I STAYED OFF YOUR PROPERTY.
21 Q SO YOU PARKED IN FRONT OF MY HOME?
22 A AND I CALLED -- I CALLED THE SHERIFF DEPARTMENT. LET
23 ME ANSWER YOUR QUESTION. I CALLED THE SHERIFF DEPARTMENT TO
24 ASK THEM TO DO A STANDBY. I DIDN'T JUST WONTON COME TO
25 THREATEN YOU. THERE WAS NO THREAT AT ANY TIME TO YOU OR YOUR
60
1 HOME OR YOUR PROPERTY OR ANYONE . I CALLED THE SHERIFF
2 DEPARTMENT. THEY SAID I WAITED TOO LATE. AND THEY SAID THAT
3 YOU HAVE TO COME DOWN TO
4 COME DOWN TO THE SHERIFF
YOU CAN' T CALL IT IN, YOU HAVE TO
THEY TOLD ME TEN DIFFERENT THINGS
5 ON HOW TO DO IT, GET A STANDBY. AND THEN THEY TOLD ME I HAD TO
6 COME TO THE SHERIFF' S OFFICE TO DO IT, TO GET A STANDBY,
7 BECAUSE I KNEW THAT YOU WOULD HAVE FALSE ALLEGATIONS OF FEAR.
8 Q
IT'S A YES OR NO QUESTION. WERE YOU PARKED IN FRONT
9 OF MY HOUSE FILMING, YES OR NO?
10
11
12
13
14
15
16
17
A
Q
A
Q
A
I WAS PARKED ON THE STREET IN FRONT OF YOUR
WERE YOU VIDEOTAPING IN FRONT OF MY HOUSE?
YES .
WERE THE POLICE PRESENT?
NOT THE FIRST TIME , NO.
MS. TODD: THAT'S ALL I HAVE , YOUR HONOR.
THE WITNESS: TWO WITNESSES WERE.
MS. TODD : THAT' S ALL I HAVE , YOUR HONOR .
HOUSE .
18 THE COURT: YOU MAY STEP DOWN , SIR. YOU MAY STEP
19 DOWN , SIR.
2 0 WHO'S YOUR NEXT WITNESS, SI R?
MR. FREEMAN: MY NEXT WITNESS?
THE COURT: YES , SIR, YOUR NEXT WITNESS.
21
22
23 MR. FREEMAN: YOUR HONOR, I WOULD LIKE TO SUBMIT THE
24 -- I WOULD LIKE TO SUBMIT THE POLI CE REPORTS THAT WERE
25 MENTIONED PREVIOUSLY, WHICH ARE IN THE DOCUMENTATION THAT
61
1 I SENT TO MS. TODD AND SUBMIT IT TO THE COURT, THE SHERIFF
2 DEPARTMENT REPORTS THAT WERE CERTIFIED, THE ONLY REPORTS
3 ON FILE WITH THE SHERIFF DEPARTMENT (REVIEWING DOCUMENTS).
4 THE COURT: WHO'S YOUR NEXT WITNESS , SIR?
5 MR. FREEMAN: THIS IS THE REPORT, MS. TODD. THIS IS
6 ONE OF THE REPORTS (PRESENTING TO MS. TODD).
7 TO ADDRESS THE -- I WOULD LIKE TO SUBMIT THE REPORTS
8 TO ADDRESS THE-- MS . TODD'S T . P.O. IN SAYING THAT SHE HAD
9 THE SHERIFF'S OFFICE OUT TO HER RESIDENCE SEVERAL TIMES TO
10 HAVE ME REMOVED. THERE IS NO RECORD THAT DOCUMENTS THAT.
11 BUT THERE IS RECORD DOCUMENTING THAT I -- HERE IT IS .
12 MS. TODD: YOUR HONOR, IT STATES THAT YOU WERE --
13 THAT MR. FREEMAN WAS AT MY RESIDENCE.
14
15
16
THE COURT: THEY WON'T STAND ADMITTED AT THIS TIME.
MR. FREEMAN: EXCUSE ME?
THE COURT: NOT ADMITTED AT THIS TIME .
17 DO YOU HAVE ANY OTHER WITNESSES YOU WISH TO CALL?
18 MR. FREEMAN: NO, YOUR HONOR.
19 THE COURT: AS TO MS. TODD'S REQUEST FOR A STALKING
20 PROTECTIVE ORDER, I WILL FIND AND NOTE FOR THE RECORD THAT
21 MR. FREEMAN SEEMS TO BE A PRETTY AGGRESSIVE PERSONALITY .
22 I CANNOT FIND ANY LOGICAL PURPOSE OR REASON IN THIS MATTER
23 FOR ANYBODY TO SEND TEXTS OR EMAILS THAT SAY TICK-TOCK;
24 THOUGH I NOTE THAT THE PARTIES HAD A FAIRLY VITRIOLIC
25 PRIOR MATTER IN THIS COURT THAT'S UNDER APPEAL TO, I
62
1 BELIEVE, THE GEORGIA COURT OF APPEALS .
2 I ALSO NOTE THAT I ' VE HEARD TESTIMONY THAT EVEN ONE
3 OF THE WITNESSES , A FOURTEEN-YEAR-OLD CHILD, WHICH IN THE
4 PRIOR CASE APPARENTLY WAS PUT UNDER SOME PRESSURE TO
5 EXECUTE AFFIDAVITS AS TO WHERE SHE WANTED TO LIVE, AND SHE
6 EXECUTED COMPETING AFFIDAVITS . I WILL NOTE THAT I ALSO
7 HEARD TESTIMONY THAT THE FACT THAT THIS CHILD WAS SERVED A
8 SUBPOENA AT SCHOOL, WHICH WOULD SEEM LIKE IT WAS FOR THE
9 PURPOSE OF INTIMIDATI NG , HARASSING, SO I WILL GRANT MS .
10 TODD HER PROTECTIVE ORDER .
11 AS TO MR . FREEMAN'S REQUEST FOR A PROTECTIVE ORDER, I
12 WILL DENY IT . AS FAR AS ANY QUESTIONS OF VISITATION, OR
13 THAT SOMEBODY IS TRYING TO ALIENATE A CHILD FROM ANOTHER
14 PARENT IN DENYING VISITATION, I THINK THAT ' S PROBABLY A
15 MATTER FOR SOME OTHER TYPE PROCEEDING, NOT THIS
16 PROCEEDING . MR . FREEMAN?
MR. FREEMAN: SIR? 17
18 THE COURT: YOU NEED TO STAY AWAY FROM MS . TODD . YOU
19 DON ' T NEED TO GO CLOSER TO HER THAN THREE HUNDRED YARDS .
20 YOU DON' T NEED TO TEXT HER . YOU DON' T NEED TO EMAIL HER .
21 YOU DON' T NEED TO CALL HER . YOU DON' T NEED TO HAVE
22 SOMEONE ELSE DO SO ON YOUR BEHALF, AND YOU DON' T NEED TO
23 SEND MESSAGES TO HER THROUGH THE CHILDREN .
24 NOW, I WOULD STRONGLY SUGGEST TO BOTH OF YOU THAT YOU
25 PROBABLY WANT TO STAY OFF OF FACEBOOK AND OTHER WEBSI TES ,
63
1 WHETHER YOU HAVE ESTABLISHED THE WEBSITE OR NOT. THE
2 PUBLICATION OF MATERIAL ON THE INTERNET ABOUT OTHER PEOPLE
3 HAS RESULTED IN A NUMBER OF LAWSUITS ACROSS THE COUNTRY,
4 MOST CERTAINLY WHEN YOU BRING A THIRD PARTY IN, SUCH AS AN
5 EMPLOYER, SOMETHING OF THAT NATURE, AND PUBLISHING
6 INFORMATION ABOUT THEM, OR AN EMPLOYER'S OTHER EMPLOYEE
7 AND PUBLISHING MATERIAL ABOUT THEM AND THEIR TELEPHONE
8 NUMBERS AND THEIR ADDRESSES AND WHAT HAVE YOU. YOU MAY
9 VERY WELL OPEN YOURSELF UP TO LIABILITY IN A NUMBER OF
10 AREAS . SOME LITIGATION DEFENDING, WHETHER YOU'RE RIGHT OR
11 WHETHER YOU ' RE WRONG, EVEN DEFENDING THE LITIGATION CAN
12 BANKRUPT YOU.
13 PEOPLE ARE GOING TO DO WHAT THEY'RE GOI NG TO DO ;
14 HOWEVER, I WOULD STRONGLY SUGGEST TO YOU TAKE DOWN YOUR
15 WEBSITES WHERE YOU HAVE PUT INFORMATION ABOUT THIS
16 DISAGREEMENT THAT Y'ALL HAVE, MOST CERTAINLY WHERE YOU'RE
17 PUBLISHING INFORMATION ABOUT THI RD PARTIES . I ' D SUGGEST
18 TO YOU THAT YOU TAKE IT DOWN.
19 AS TO YOUR MOTION FOR A PSYCHIATRIC EXAMINATION OF
20 MS. TODD, I BELIEVE YOU'VE ALREADY BROUGHT UP THAT ISSUE
21 ONCE IN THE PRECEDING MATTER AND I THINK I DENIED YOUR
22 MOTION THEN. I DON' T SEE ANYTHING HERE THAT WOULD
23 INDICATE TO ME THAT MS . TODD - - I NEED TO HAVE A
24 PSYCHIATRIC EXAMINATION OF MS. TODD ANY MORE THAN I SHOULD
25 HAVE A PSYCHIATRIC EXAMINATION OF ANYBODY ELSE .
64
1 I WOULD FURTHER SUGGEST TO YOU THAT WE GET RID OF OUR
2 AGGRESSIONS PLAYING TENNIS, SOFTBALL, BASEBALL RATHER THAN
3 LETTING THOSE AGGRESSIONS GET OUT OF HAND. BUT I FIND
4 PUTTING STUFF ON FACEBOOK CAN ALSO BE HARASSMENT. BETTER
5 TAKE IT DOWN.
6
7
8
MR. FREEMAN: CAN YOU -- YOUR HONOR?
THE COURT: WHAT'S THAT, SIR?
MR. FREEMAN: CAN YOU CLARIFY WHAT IT IS YOU'RE
9 SAYING, BECAUSE IT'S A BROAD INTERPRETATION AND IT'S A
10 SUPPRESSION OF FIRST AMENDMENT -- BECAUSE I'M JUST TRYING
11 TO UNDERSTAND.
12
13
THE COURT: THERE'S A LAWYER SITTING
MR. FREEMAN: TO ME IT SEEMS TO BE A SUPPRESSION OF
14 FIRST AMENDMENT RIGHTS.
15 THE COURT: THERE'S A LAWYER SITTING RIGHT BEHIND
16 YOU . THERE IS A LAWYER DOWN THE STREET. YOU, YOURSELF,
17 HAVE GONE THROUGH I THINK, WHAT, TWO, THREE AT THIS POINT?
18 MR. FREEMAN: NO, JUST ONE .
19 THE COURT: JUST ONE? I'LL REFER YOU TO YOUR LAWYER
20 FOR THEIR GUIDANCE ON IT. ALL I'M DOING IS POINTING OUT
21 THAT THAT IS A SOURCE OF POTENTIAL LIABILITY THAT COULD
22 DESTROY MOST PEOPLE. I'LL REFER YOU TO YOUR LAWYER ON
23 THAT ISSUE.
24 I CAN GIVE YOU AN EXAMPLE THAT THEY USE IN LAW
25 SCHOOL. YOU KNOW, FIRST AMENDMENT SAYS YOU CAN YELL OUT
65
1 FIRE ANYTIME YOU WANT TO. I WOULDN'T DO IT IN A CROWDED
2 THEATER. ISN'T THAT THE EXAMPLE THAT THEY USE IN LAW
3 SCHOOLS, IS FIRE?
4 MR. LANE: YES, YOUR HONOR, ON THE SECOND DAY.
5 MR. FREEMAN: THEY DO IT IN HISTORY CLASS AS WELL,
6 SIR.
7 THE COURT: IT MIGHT BE PROTECTED SPEECH IN SOME
8 INSTANCES, BUT THEN OTHER TIMES THE SAME SPEECH MAY NOT BE
9 PROTECTED.
10 MR. FREEMAN: YOUR HONOR, CAN THE WITNESSES BE
11 EXCUSED TO GO ABOUT THEIR BUSINESS?
12 THE COURT: JUST A MOMENT.
13 NOW, UNLESS Y'ALL HAVE OTHER BUSINESS WE'LL STAND
14 ADJOURNED. YOUR WITNESSES CAN BE EXCUSED TO GO ABOUT
15 THEIR BUSINESS.
16 MS. TODD: THANK YOU, YOUR HONOR.
17 MR. FREEMAN: MAY WE BE AS WELL?
18 THE COURT: I BELIEVE YOU HAVE SOME BUSINESS
19 ARRANGEMENTS WITH MS. SMITH. ARE THEY TAKEN CARE OF?
20 MR. FREEMAN: I'M SORRY?
21 MR. FREEMAN: OH, YES, YES.
22 THE COURT: I THINK SHE'D LIKE TO SPEAK TO YOU BUT
23 OTHER THAN THAT.
24 MR. FREEMAN: YOUR HONOR, I JUST WANT TO CLARIFY ONE.
25 AS FAR AS VISITATION GOES, IT IS -- I CAN'T VISIT MY
66
1 DAUGHTER STILL, AND NO WAY TO CONTACT HER?
2 THE COURT: I DIDN' T SAY ANYTHING ABOUT VISITATION .
3 I DIDN'T SAY ANYTHING ABOUT CHILD SUPPORT. TOLD YOU TO
4 STAY AWAY FROM THAT WOMAN RIGHT THERE , LEAVE HER ALONE, DO
5 NOT TEXT HER, DO NOT EMAIL TO HER, LEAVE HER ALONE . I
6 FIND YOUR CONDUCT TO BE HARASSING AND INTIMIDATING . I
7 FIND THAT YOU ARE A VERY AGGRESSIVE INDIVIDUAL AND THAT
8 YOUR OWN DAUGHTER, WHO' S FOURTEEN YEARS OLD, YOU HAD HER
9 SERVED WITH A SUBPOENA AT SCHOOL . NOW, KIDS DON' T LIKE TO
10 BE - - THAT KIND OF ATTENTION AT SCHOOL, I DON' T THINK
11 ANYBODY WOULD WANT THAT KIND OF ATTENTION AT SCHOOL,
12 FOURTEEN YEARS OLD OR NOT . BUT CERTAINLY A FOURTEEN- YEAR-
13 OLD YOUNG LADY, AND IN THAT AGE BRACKET, IT COULD BE
14 NOTHING, I DON'T THINK, BUT AT LEAST SLIGHTLY EMBARRASSING
15 TO HER . AND THERE WAS PROBABLY A BETTER WAY TO HANDLE
16 THAT.
17 AND EVEN ON THAT BASIS , MR . FREEMAN, YOU WOULD BRI NG
18 THAT FOURTEEN-YEAR-OLD CHILD IN HERE AND PUT HER IN THE
19 MIDDLE BETWEEN YOU AND HER MOTHER . I FIND THAT YOU' RE
20 HARASSING. STAY AWAY FROM HER . I SAID NOTHING ABOUT
21 VISITATION . I SAID NOTHING ABOUT CHILD SUPPORT OR ANY OF
22 THOSE OTHER THINGS . I DON' T SEE THAT THI S IS THE VEHICLE
23 TO DO ANYTHING ABOUT ON THAT . OH, BY THE WAY, ISN' T THAT
24 UNDER APPEAL AT THIS POINT?
25 MR. FREEMAN: YES , SIR.
67
1 THE COURT : WELL, I ' M KIND OF LOCKED OUT IN SOME
2 ASPECTS OF EVEN SAYING ANYTHING ABOUT THAT. SO I REALLY
3 CAN'T SAY ANYTHING ABOUT CHILD SUPPORT OR VISITATION.
4 OH , HAS THAT LADY ALREADY LEFT? MS. TODD?
5 DEPUTY : YES , SIR.
6 THE COURT : I WOULD APPRECIATE IT IF YOU FOLKS
7 WOULDN ' T BE SENDING EX PARTE COMMUNICATIONS TO MY OFFICE
8 ALSO.
9 MR. FREEMAN: TO YOUR OFFICE , SIR?
10 THE COURT: TO ME. I DON ' T CARE HOW THEY GET TO ME ,
11 SENT TO MY OFFICE , ATTACHED TO THE LEG OF A CARRIER PIGEON
12 OR WHAT HAVE YOU , YOU DO NOT NEED TO BE SENDING EX PARTE
13 COMMUNICATIONS TO MY OFFICE .
14 MR. FREEMAN: I ' M SORRY, I ' M A LITTLE BIT CONFUSED AS
15 TO WHAT YOU'RE SAYING . I SHOULDN ' T SEND EX PARTE
16 COMMUNICATIONS TO YOUR OFFICE?
17 THE COURT: AREN ' T YOU THE ONE THAT SENT ME THE LONG
18 LETTER AND THE COMPLAINT ABOUT SOME WITNESS?
19 MR. FREEMAN: NO . THE COURT -- I WAS TRYING TO
20 INFORM THE COURT
21 THE COURT: GILBERT FREEMAN, JUNIOR .
22 MR. FREEMAN: YES , SIR.
23 THE COURT: FIVE HUNDRED WHITBY DRIVE , DOUGLASVILLE ,
24 GEORGIA, HOME PHONE , EMAIL , FRIDAY, NOVEMBER 22N , 2013 ,
25 WAS SENT TO ME , RECEIVED AT MY OFFICE ON APRIL 22N
68
1 ADDRESSED TO ME REGARDING THAT CASE RIGHT THERE . IT' S
2 ABOUT TWENTY PAGES OF MATERIAL .
3 MR. FREEMAN: YES , SIR. THAT WAS A LETTER TO ALL
4 PARTIES .
5 THE COURT: WELL , I THINK IN A LOT OF WAYS IT WOULD
6 BE CONSIDERED AN EX PARTE COMMUNICATION . I WOULD
7 APPRECIATE IF YOU DIDN' T DO THAT . THE OTHER PARTY DOESN' T
8 NEED TO DO IT EITHER .
9
10
MR. FREEMAN: IF I --
THE COURT: I ' LL REFER YOU TO YOUR ATTORNEY
11 OTHERWISE, MR . FREEMAN .
12
13
14
15
MR. FREEMAN: YES , SIR.
(PROCEEDINGS CONCLUDED)
* * *
69
STATE OF GEORGIA
COUNTY OF COBB
C E R T I F I C A T E
I DO HEREBY CERTIFY THAT THE FOREGOING TRANSCRIPT,
PAGES 1 THROUGH 69 , IS A TRUE AND CORRECT RECORD OF THE SAID
PROCEEDINGS ; THAT I AM NEITHER A RELATIVE NOR EMPLOYEE NOR
~ T T O R N Y NOR COUNSEL OF SUCH ATTORNEY OR COUNSEL NOR
FINANCIALLY INTERESTED IN THE ACTION .
THIS CERTIFICATION IS EXPRESSLY WITHDRAWN AND
DENIED UPON THE DISASSEMBLY OR PHOTOCOPYING OF THE FOREGOING
TRANSCRIPT OF PROCEEDINGS OR ANY PART THEREOF, INCLUDING
EXHIBITS , UNLESS SAID DISASSEMBLY OR PHOTOCOPYING IS DONE BY
THE UNDERSIGNED CERTIFIED COURT REPORTER AND THE ORIGINAL
SIGNATURE AND SEAL IS ATTACHED THERETO .
WITNESS MY HAND AND SEAL AT MABLETON, COBB COUNTY,
GEORGIA, THIS THE 19TH DAY OF MAY 201 4 .
SUSAN C. SMITH
CERTIFIED COURT REPORTER
CERTIFICATE NO. B-1881
70