Claim by Joshua Canon THE CITY OF
DUBLIQUE MEMORANDUM
Masterpiece on the Mississippi
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TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
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DATE: October 14, 2015
RE: Claim Against the City of Dubuque by Joshua Canon
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Claimant Date of Claim Date of Loss Nature of Claim
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Joshua Canon 10/14/15 09/12/14 Defamation
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This is a claim in which claimant alleges defamation, filing a false police report,
malicious prosecution, perjury, and harassment by multiple City of Dubuque Housing l
and Planning Department employees.
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This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool
cc: Michael C. Van Milligen, City Manager
Alvin Nash, Housing & Community Development Director
Joshua Canon
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OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAx (563)583-1040/EMAIL tsteckle@cityofdubuque.org
MV
[- a.
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA 14 e'
Pla.
This written report constitutes your claim against the City of Dubuque, Iowa. You sho � W
complete this form in full and attach any additional information that supports your claim. q
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The Claim must be filed with the City Clerk at City Hall, 50 W. 13th St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
Once that investigation is completed, a report and recommendation will be submitted to the
City Council. You will be provided with a copy of that report and recommendation.
THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID. r
1. Name of Claimant: Joshua Canon
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2. Address: 3095 Kane Ct. Dubuque, IA 52001
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3. Telephone Number: 760-808-0849
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4. Date of Incident, 09/12/14
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5. Time of Incident: 10:01
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6. Location of Incident (Be specific): exact location unkown at this time;within Dubuque city limits
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7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give
full details upon which you base your claim. If a City employee was involved, give the
employee's name.)
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Defamation, filing a false police report, malicious prosecution,perjury,harrassment
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Robert Boge,Alvin Nash, Tami Ernster,William Jeurgens, Charlie Miller
8. What were weather conditions like? n/a
9. Give name and address of any witnesses:
10. Did police investigate? (If so, give names of officers.)-
Yes,William Jeurgens
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Yes, Joshua Canon, 3095 Kane Ct. Legal fees, court costs,bond fees, general damages
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12. Was any damage done to property? (if so, describe property and the extent of
damages. Attach estimates of damages or describe basis for ascertaining extent of
damage.)
no
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13. What other damages do you claim, if any?
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.)
no
15. What amount do you claim from the City of Dubuque?
To be determined, in excess of$100,000
16. Why do you claim the City of Dubuque is responsible?
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City officials and em�loyees failed to act upon credible concerns and failed to investigate fully allowing this to
happen.
17. Have you made any claim against anyone else for damages as a result of this incident?
(if yes, give name and address.)
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no
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
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Dated at Dubuque, Iowa this 141h day of October 20 15
(Signature)
-(Print Name)
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(Rev. 7/12) M
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Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Number(s)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial Information
6) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above,
this cover sheet must be attached directly to the confidential information. Please indicate below the
type of information that is included.
11 Joshua Canon hereby certify that the ly
attached documents include the following protected information:
Social Security Number(s) Bank Account Information
Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
I understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my inf rmation from unnecessary distribution.
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Si nature Date
I have read the information above and do not have any confidential documentation to submit to the
City of Dubuque as part of this Claim Against the City.
Signature Date
6/29/2015
Barry Lindahl, Esq.
City Attorney
Harbor View Place, Suite, 330
300 Main St.
Dubuque, IA 52001
Mr. Lindahl,
On 9/12/2014 at 10:01 city employee Robert Boge knowingly filed a false police report stating that I
threatened his life. The police narrative states"According to Boge, Canon yelled 'I'll kill you j
motherfucker,' directing this comment to him." In a deposition taken under oath on 1/22/2015 Mr. {
Boge denies his statement.The deposition reads " !j
Q. Did you tell police officers that you heard Josh Canon threaten to kill you?
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A. No.
Q. So if there's a report that quotes you as saying that,that's an error; would that be correct?
A. Correct,,,
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Mr. Boge harbors hard feelings towards me because I have pointed out misconduct and errors in his
work performance to his supervisor. Housing Director Alvin Nash assured me during an in person
meeting that there would be "administrative procedures" put in place to ensure Boge's conduct such as
writing citations before receiving a warning and obtaining default judgement through improper service
would no longer happen.
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The conduct of Robert Boge has caused me irreparable harm. I was arrested on a warrant in front of my
family and neighbors while leaving for my cousin's wedding, spent time in the county jail, and have
amassed significant legal fees defending myself. The emotional toll this has taken on family and I is
insurmountable. I am seeking damages in excess of$100,000 and request a meeting at your earliest
convenience to discuss this case in great detail. I would be happy to provide copies of the police
narrative, deposition, legal bills, and other confidential information for your review prior to meeting. If l
do not hear from you within 60 days of this letter I will assume you are not interested in settling and will
retain counsel to file a claim in State court on my behalf.
Sincerely,
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Joshua Canon
3095 Kane Ct.
Dubuque, IA 52001
563-258-2273
joshuacanon@hotmail.com
cc: Mayor Roy D. Buol
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REPORTING OFFICER NAUATIU 'MCK fl
ibuque Police De
,partnient 2014-037699
vioti,A Date/Timt Rtpo)tcd
BOGE,ROAERTEUGEWT Fri 091,1212014 10.01
THE NTOIRM-MONBEWWIS CONFD)TENnkL-MR 33Y AJJTH0TZTaD)?EU07sNEL ONLY
On 09/12/14 at approximately 1.001 hours,1,Ofo,Alergens moke with victim Robert Eugene Boge,BOB: 6
09/191 1-
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2703 NT.C-and-view,Dubuque,V�52001 reference a harassmeiat.loge advis�,-d lay=has been having problems with
Joshua Robert Canon,DOB: 11/021'1980, 3095 Kane Ct.,Dubuque,EA 52001.Boge advised the proble=began
appl;oximately a yea;;and a half ago when he zss.1 td muditipl en).va)i6pal in-ftactio ns to Canon for housing violations
as he is a property owner,At the time, civil proceedings were in progress and 13 oge reports Canon was acting
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appropriately, On 0911,1114 Canon called thlioasing department wishing to speak with Alvin Nash.Boge answered
the phone ajid told Canon Alvin was not available-Bo.---advised Canon was displeased he could not spoak with
Alvin and,began to cuss a' him.Canon then asked Bogp,who he was speaking to and after loge identified Infirrself he
cu,ssed tveti more;but did not m,-A,.e any direct threats to Boge,Later in the day at approximately 1700 hours,Boge
reports he was standing in his driveway with witnes5 Duane Pati.Sia ausserz,DOB: 04/01/1964, 1945 560017,St.,
Newell,TA 505 68."WThile the two were talking the listed vehicle was driving on 1,,a-aeSt.�7hta it slowed in front of
.Boge'5 xa5jdance.Boge-was able to identify the dnver as Caaon,.A.ccordiiig to Doge,Canon-yelled"I'll loll you.
motherfucker," dhr,,ctfi,-g this commeat to him.Magaussen was contacted and advised he too heard,a comnicat made
Canon.Magm-,ssen does not bmo-W Canon,IYat advised the individual had his arm in the air poijatijag to them.While
doing so Mla�uss;,n reported he heard floe last 3 words which were"Kill you cocksucker."Boge stated thetwo then
left his rpsidiz.ce to pick up his son,'M,,,-;,they returned at approximately 1,730 hours,Canon was observed a second
time di,ivjl3g the Same vehicle past Boge's residence,This time Quion slowed down next to a car parked in front of
the,residence.Boge advised the car was fez-sale and belonged to a friend of his, Canon appeared to be taking a
pictart,of the,'for sale' S ig-,.l b e r,was--there was a phone,number on it,go ge believes C xao-i- was attenipting to got lois
cell phone;number;although it was iao t his number on the sip, C a--,ion then left dire area and was not seen agaiti by
Boge,Boge is in fear for not only his safety,but for his young child who lives with Boge also reported Ca QA,
has a valid ptrziit to caj:ry which also concerns bim, On.09/12/14 at approximately 1120 hours,I called Canon in an
attempt to get his statemcnt but wasLumble to do so.Cast file sent to C, 's far review,
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RapoitingrOfFc= JUEAGEAS, ffff-M-A,(O Page 3
PTLIG=VI-134W;ucxgez O/12/201413:21
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1 IN THE IOWA DISTRICT COURT FOR DUBUQUE COUNTY
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3 STATE OF IOWA, )
4 Plaintiff, )
5 vs . ) No . AGCR 112290
6 JOSHUA ROBERT CANON, )
7 Defendant . )
— ----
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10 DEPOSITION OF ROBERT EUGENE BOGS ,
taken before Cheyanna S . Lambert , Certified
11 Shorthand Reporter of the State of Iowa, at
720 Central Avenue, Dubuque , Iowa , on Thursday,
12 the 22nd day of January, 2015 , commencing at
10 a .m.
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15 APPEARANCES :
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16 CHRISTINE CORKEN, Assistant Dubuque County
Attorney, 720 Central Avenue , Dubuque , Iowa 52001 ,
17 appearing on behalf of the plaintiff .
18 JONATHAN B . HAMMOND, Attorney at Law (Klinger,
Robinson & Ford) , 401 Old Marion Road, NE , Cedar
19 Rapids , Iowa 52402 , appearing on behalf of the
defendant .
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ALSO PRESENT : Joshua Canon
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23 k
Cheyanna S . Lambert , CSR, RPR
24 18691 Hardscrabble Road
Monticello, Iowa 52310
25 ( 319 ) 350-5763
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2 PAGE
3 Beginning of Proceedings at 10 a .r,.,,. 3
Examination by Mr . Hammond 3
Examination by Ms . Corken 99
6 End of Proceedings at 11 : 03 a .m . 40
V Certificate of Reporter 41
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Lambert Reporting 319 . 350 . 57063
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1 ROBERT EUGENE BOGS
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2 was called as a witness and, having first
3 been duly sworn to testify the truth, the
4 whole truth, and nothing but the truth, was
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5 examined and testified as follows :
6 EXAMINATION
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7 BY MR . HAMMOND :
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8 Q. Would you state your full name , please .
9 A. Robert Eugene Boge .
10 Q. Would you spell your last name for the reporter,
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11 please?
12 A. B-O-G-E .
13 Q. My name is John Hammond . I ' m the attorney that
14 represents Josh Canon in this matter_ , and as you
15 may know, I ' m allowed to ask you some questions .
16 You ' re listed as a potential state ' s witness in the
17 event there ' s a trial , so I ' m allowed to ask you
18 questions to find out what your trial testimony
19 would be .
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20 MR . HAMMOND : I ' d propose that all
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21 objections other than form of the question be P
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22 waived until the time of trial .
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23 MS . CORKEN : Correct , so stipulated .
24 Q. (By Mr . Hammond) If you have any questions , if my
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25 questions aren ' t clear , just let me know, and I ' ll
Lambert Reporting 319 . 350 . 5763
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1 be happy to rephrase them .
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2 A. All right, correct .
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3 Q. Thank you . I need you to answer yes or no . Have
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4 you ever been deposed before?
5 A. I don ' t remember, but I may have been . 1
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6 Q. Well , you do need to answer yes or no so the
7 reporter can write down what you meant to say and
8 we can tell later on when we read. the transcript
9 what you meant to say . First , I ' m going to ask you
10 just some questions about who you. are . What is
11 your age , please?
1.2 A. 51. .
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13 Q. And how are you employed?
14 A. City of Dubuque , inspector_ .
15 Q. What do you do for them?
16 A. Inspect rental housing and residential properties . j
17 Q. What is your educational background, please?
18 A. A BS from Ames , Iowa for agriculture .
19 Q. And --
20 A. Business agriculture , excuse me .
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21 Q. All right . Thank you . For how long have you
22 worked for the City of Dubuque?
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23 A. A little over ten years now .
24 Q. And during those ten years , did you hold the same
25 position or other positions ?
Lambert Reporting 319 . 350 . 5763
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I A. Other .
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2 Q. what else did you do {or the city?
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3 A. Lead paint inspector_ .
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4 Q. Anything e4.se?
5 A. No .
6 Q. And how long have you held your current duties?
7 A. I believe it ' s been over five years, five or six .
8 I 'm not certain .
9 Q. So tell roe what your duties are . What- do you do in
10 an average day?
11 A. Do inspections on rental properties checking for
12 compliance with housing code , do inspections on
13 individual homes from com-slain;--s or even rentals
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14 rom complaints to check for garbage , do VAP
15 inspections , which would be -- consist of vacant
16 and abandoned buildings , :issue orde rs , and , in
17 fact , violations for any of the properties that we
18 do inspections on .
1.9 Q. I received. some police reports , and they discuss an
20 event in September of 2014 . Prior to that time did
21 you know the defendant, Joshua Robert Canon?
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22 A. Yes , I knew who he was .
23 Q. Did you know him personally?
24 A. Knew him from meeting him in court at one point, a
25 couple conversations -- or maybe one conversation
Lambert Reporting 319. 350 . 5763
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1 on the phone , and other than that , no .
2 Q. Have you filed a complaint or request for any
3 action against Mr . Canon as part of your duties
4 with the city?
5 A. Yes .
6 Q. And what can you tell me about that?
7 A. What do you want to know?
8 Q. Well , what did you do?
9 A. Went into the police department and filed the
10 complaint after I observed a couple of things by
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11 Josh and just -- that was it , did a police report .
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12 Q. Now, I 'm asking you not about the event of
13 September of 2014 , but I ' m asking you about any
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14 complaints you filed against him as part of your
15 duties with the city?
16 A. Oh, did file a municipal infraction .
17 Q. When was that? You can. give me your best estimat=e .
1.8 It ' s fine .
19 A. Well , the year before , probably in November, around d
20 there , October_ or November .
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21 Q. And what did you allege in the municipal c
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22 infraction?
23 A. It was filed for noncompliance with a VAB property .
24 Q. Is that a property owned by Josh Canon? gg
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25 A. Correct .
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Lambert Reporting 319 . 350 . 5763
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1 Q. Do you know the result of the municipal infraction?
2 A. An agreement was reached between Josh and my boss
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3 and --
4 Q. Who is your boss , please?
5 A. Alvin Nash .
6 Q. And I interrupted you . Was there something else
7 you wanted to say about that?
8 A. Josh sold the property, and that was part of the
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9 agreement .
10 Q. Were there other official actions you had taken.
11 against Mr . Canon?
12 A. Not that: I 'm aware of or recall at this time .
13 Q. In your dealings with Mr . Canon in that municipal_
14 infraction , did you generate any hard feelings
15 towards him?
16 A. No .
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17 Q. Did the two of you have any personal problems ?
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18 A. I didn ' t have a personal problem, no .
19 Q. Was it your impression that he had a problem with
20 you?
21 A. Yes , 4
22 Q. And what led you to that belief?
23 A. People have come to me and told me he had a
24 problem, been a couple of instances where they have
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25 come forward to me and said that . Another time he
Lambert Reporting 319 . 350 . 5763
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1 used social media and posted things with -- on his
2 page for social media , which I don ' t use , but
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3 posted stuff and was informed by other people .
4 Q. What were you told by these other people?
5 A. That he had a problem with me .
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6 Q. Like what? �
7 A. That I overstepped my authority .
8 Q. Were these i_n the nature of threats or just
9 complaints about how you dial your job?
10 A. How I did my job and how he was going to cost me my
11 job .
12 Q. Now, these were not statements that he made to you
13 directly; is that correct?
14 A. N o .
15 Q. You would agree that he did not?
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16 A. Not on the social media , not direct to me . He did
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17 at one time through a phone call. . T answered the
18 phone filling in at the desk . He verbally said
19 stuff was going to get me fired, cussed and swore
20 over the phone .
21 Q. All right . So I want to go back . You said other
22 people told you things , and I think you ' ve answered
23 that question for me . What did Mr . Carion himself
24 say in his social media about you?
25 A. I don ' t know . I didn ' t read it .
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Lambert Reporting 319 . 350 . 5763
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1 Q. All right . So you just relied on what other people
2 had to tell. you about that?
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3 A. Yes .
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4 Q. As part of your duties with the city, did you also
5 take any official action against someone you knew
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6 to be Robert or Rob Canon, the father of Joshua
7 Canon? 1
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8 A. There was some municipal infractions issued .
9 Q. Against property -- well , against Robert Canon?
10 A. Correct .
11 Q. And as part of those municipal. infractions , did you
12 interact with Josh Canon?
13 A. Not personally, no .
14 Q. So to the best of your recollection , Josh Canon
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15 didn ' t deal with you or your office about municipal
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16 infractions filed against his father?
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17 A. He may have dealt with Alvin .
18 Q. That would be your supervisor?
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19 A. Correct .
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20 Q. All right . So just to summarize , these were
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21 reports that I have talking about an event in
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22 September of 2014 . Prior to that time , the only
23 personal interaction you had with Josh Canon was
24 the municipal infractionyou had filed against him.
25 the year before . Would that be correct?
Lambert Reporting 319 . 350 . 5763
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1 A. As correct as I can remember .
2 Q. And would that be the only circumstance where the
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3 two of you had met in person?
4 A. As far as I recall .
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5 Q. And he had riot communicated with you directly
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6 before that date other than the phone call that you
7 just mentioned?
8 A. Not that I recall .
9 Q. All right . Now, these reports talk about an event
10 on or around September 12 , 2014 . You told me
11 Mr . Canon had telephoned the city housing
12 department at a time when you were answering the
13p hone . There ' s a reference to a phone call_ of that
14 kind .in the reports . Is that the phone call you ' re 9
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15 talking about ?
16 A. Yes . Ij
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17 Q. All right . So on. September 11 , 2014 , you answered.
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18 the phone , and. Josh Canon was on the other end. of
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19 the line?
20 A. I don ' t remember if it was the 24th, that phone
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21 call , or the day before . It was in that time
22 period . It ' s been since September, but , yes , I was
23 at the front desk filling in for people .
24 Q. And how did you know it was Josh Canon that phoned
25 in?
Lambert Reporting 319 . 350 . 5763 a
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I A. Because I identified myself because I asked him if
2 he -- Alvin Nash was not available . He was upset .
3 He started going off about Alvin and, you know,
4 that he wasn ' t any good and everything, and _I said,
5 "Is there anything I can help you with? " And I
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6 didn ' t realize it was Josh at the time , and lie
7 asked me my name . I gave him my name , and then he
8 started to swear and get vulgar over the phone .
9 Q. What was the caller ' s complaint about Alvin Nash ,
10 do you recall ?
11 A. Not doing his job properly . I 'm not certain of the
1.2 full conversation .
13 Q. Was the complaint that Mr . Nash wasn ' t supervising
14 you properly or something else?
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15 A. We didn ' t get to that point .
16 Q. You identified yourself, and the caller complained
17 about your job performance too ; is that right?
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18 A. Actually, he was going to get me fired, and he
19 swore and cussed and basically told me how
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20 worthless I was and swore the whole time he was
21 telling me that .
22 Q. Did the caller_ identify himself as Josh Canon?
23 A. I can ' t recall if he did or didn ' t .
24 Q. How do you know if it was Josh Canon?
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25 A. Like I said, I can ' t recall .
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1 Q. Well , today you ' re saying Josh Canon called your
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2 office that day, so what do you rely upon in making
3 that statement?
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4 A. Because of the tone of his voice arid the way lie V,
5 talked to me , and he might have identified his dad . bi
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6 I can ' t .remember . I just -- I notified my officer
7 in the housing department shortly after the phone
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8 call . Scott told him what was discussed and left
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9 it at that .
10 Q. After the call you spoke to someone else ?
11 A. Yes .
12 Q. In the housing department named Scott?
13 A. Yes , Scott Koch . ;
14 MS . CORKEN : K-O-C-H .
15 Q. (By Mr . Hammond) Thank you . So the caller
16 complained about your performance and. swore at you .
17 What was the substance of the call? I mean, what
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18 did the caller think that you had done wrong, or
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19 why were they angry?
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20 A. I didn ' t get that far into the conversation . He
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21 was actually calling for Alvin . He wasn ' t calling
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22 for me .
23 Q. What did he say about you?
24 A. He just started swearing and cussing up and down, 3
25 using foul language , and I basically hung up the
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Lambert Reporting 319 . 350 . 5763
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1 phone shortly after that .
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2 Q. The reports seem to indicate this was the day
3 before an event that happened at your house . Is
4 that right?
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5 A. It could be , yes . Like I said, I can ' t remember if
6 it was that day or the day before , but it was near
7 that time period, yes .
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8 Q. As a result of the phone call that you got , did you lj
9 contact law enforcement and complain that Josh
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10 Canon had made this phone call to you ?
11 A. The only one I contacted was Scott .
12 Q. And did you or Mr . Koch file a report or a
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13 narrative of the phone call in any way?
14 A. Not that I 'm aware of .
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15 MS . CORKEN : Can I clarify something?
16 MR . HAMMOND : Yes .
17 MS . CORKEN : Scott Koch is a city police
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18 officer , is he not?
19 THE WITNESS : Correct .
20 MS . CORKEN : And he ' s assigned to
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21 housing?
22 THE WITNESS : Correct .
23 MS . CORKEN : Okay .
24 Q. (By Mr . Hammond) Do you know whether -- thank
25 you -- Officer Koch filed a report of any kind?
Lambert Reporting 319 . 350 . 5763
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1 A. No, I do not .
2 Q. When you contacted Officer Koch, were you intending
3 to make a complaint against Josh Canon for this
4 phone ca_Ll in some way"?
5 A. I felt I was being harassed at that point as there
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6 were other incidents .
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7 Q. What are the other incidents ?
8 A. He had the social media . Ile also distributed my
9 court records and posted them in city hall and
10 posted them in the post office, and he had conte up
11 to the office upstairs and provided the same
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12 records that he posted to the people in the office
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13 upstairs .
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14 Q. Well- , you had told me how you filed a municipal
15 infraction against Mr . Koch.. .
16 A. No, not Mr . Koch .
17 Q. I 'm sorry, you ' re right . You had told me how you
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18 had filed a municipal infraction against Josh
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19 Canon . You told me other.. people -- x
20 A. I actually filed the municipal infraction against
21 his father, who was the agent for the building that
22 he was taking care of for Josh .
23 Q. That ' s the event you were telling _r,e about in the
24 near before?
25 A. Correct ,
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Lambert Reporting 31.9 . 350 . _�763
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1 Q So what' I want to find out from you now is the
2 sequence of these other events just described for
3 me . You alread-V told me that you were made aware
4 by other people that there were commeriLs on soca]_
5 media about you?
6 A Correct .
7 Q Arid now you ' re indicating that things were posted
8 at the court house and perhaps elsewhere?
9 A. No, at the post office and at city hall. .
10 Q -ell me what vou know about sc,,-ziething being
posted
11 at the post office .
12 A. Like I stated before, it was r:iy court records that
13 he posted .
14 Q. What court records are you referring to?
15 A. The ones that are on file with the county court
16 records ,
1i Q What are they?
18 A. What transp-' red in all of the years with the Court
19 proceedings with me .
20 Q. What court proceedings are you referring it
y
21 A. I had a small Claims , i had a plea agreement for
22 DUI for boating, and they actually wrote on there a
23 drunk, drunk driver . I also had a dispute with
24 domestic with a former partner, and he posted "wife
25 beater" on those stuff and posted them around .
Lambert Reporting 319 . 350 . 5763
16
1 Q. So these items you just described for me were
N
2 posted at a post office in Dubuque ; is that right? 7
jl
3 A, A federal_ building where I work at , yes .
4 Q. Do you work out of the federal building? hhk
Y
5 A. Yes .
P
6 Q. Did you see them there?
r
7 A. They were actually taken by -- fellow employees had !i
8 gone downstairs and picked them up and took them u
r
9 upstairs into the office and gathered them.
10 Q. I 'm sorry, other federal employees took them down?
11 A. Fellow employees , other employees that work with me
12 in the office , Tammy Ernster (phonetic) is one of
13 them, and Jessica -- I can ' t think -- Keifer
14 (phonetic) is the other . And they :Celt that it was
15 intimidation and that he was trying to put me in a.
16 bad light .
17 Q. Tell me everything you rely upon in stating that 4
18 Josh Canon was responsible for putting those
19 documents in the post office?
I
20 A. They described Josh and thought it was Josh .
t.
21 Q. You ' re saying that these people told you they saw F
s
i
22 the person who posted them?
23 A. That had brought them upstairs .
24 Q. I 'm sorry, would you explain that answer?
fi
25 A. He brought -- I guess the items -- they called me
s
Lambert Reporting 319 . 350 . 5763
1.7
F
1 on the phone and said that somebody had distributed
2 them. They described him, and that they were -- he
3 brought some upstairs . They picked them up from
4 downstairs , I do believe . I 'm riot certain of g
a
5 the --- I wasn ' t there at the time .
6 Well , are you saying that he is alleged to have
7 brought them to your office or to have posted them
f
8 in the building-,
9 A. To tell you. truthfully, I don ' t know if he brought a,
10 them upstairs . He may have . They went down and
11 got them . Then they called me on the phone . I was
1.2 lunch . It was over the lunch period, and
13 that -- I couldn ' t even tell you what day it was .
i
1.4 Q. When you say upstairs , are your offices upstairs in
t
15 the .building?
16 A. It ' s on third floor .
17 Q. And when you say downstairs , do you mean_ the common
s
18 hallway in the building?
19 A. Correct .
20 Q. And you ' re uncertain whether it was alleged that
k
21 Mr . Canon brought them upstairs to the housirig
22 office or not? Is that what you ' re saying?
23 A. I don ' t know if they did or didn ' t . They said that;
24 there was some stuff dropped off .
25 Q. Dropped off?
i
Lambert Reporting 319 . 350 . 5763
18 ji
ji
r
I A. Mm-hmm (yes ) .
2 Q. So your coworkers said that these materials you ' ve
y
3 described for me were dropped off at the housing b
4 office ; is that right?
l
I
5 A. Correct , either at the housing office or
i.
6 downstairs , I don ' t know which .
7 Q. Well , what do you mean when you say downstairs ? I y,
8 had asked you questions --
",I
9 A. The common. --
10 Q. Please let me finish my question. . I asked you
11 questions about whether they were posted, and maybe
12 I misunderstood what you were telling me . When you
13 say downstairs , do you mean that they were left
r.
7.4 with someone downstairs to be delivered to the
i
15 housing off --i-ce , or do you mean that they were
16 published or posted in some way downstairs ?
17 A. I would consider it posted in the fact that they
,l
18 were left on the counters downstairs from what my
h
19 coworkers tell me .
i
20 Q. Is there a place to actually post documents , like a
21 bulletin board, on the first floor of the building?
u
R
22 A. There is a kiosk, but there ' s several stations
a
23 where you can write and put materials , and
24 there ' s -- when I say write and put materials ,
25 tables that are provided , and my understanding is r
Lambert Reporting 319 . 350 . 5763
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19
i
I,)
1 that the stuff was left there .
2 Q. And I 'm sorry if I already asked you this , but are 5
3 you saying that the people with whom you work were
4 able to identify the appearance of the person who
h
5 dropped these documents off?
6 A. I think they did tell me the appearance , I 'm not
i.
7 certain . Like I said , I kind of put that out of my
8 mind .
9 Q. To the best of your recollection , did these people
10 ever say to you that Josh. Canon had delivered them.
i
11 to the building?
12 A. No .
13 Q. So you answered my question about the post office , f
i'
14 and you made a similar statement about city hall .
r
15 What happened at city hall?
16 A. There was flyers put out there with my court
i.
17 records . I don ' t know where they were put or
N
E
18 anything . I was just told by other employees .
I'
19 Q. Do you literally mean flyers ? N
k
20 A. I mean, my paper , eight-and-a-half_-by-eleven sheet
E
F
21 of paper with my .records were put on -- left down k
22 there . I don ' t know where . I was just told .
23 Q. Did you ever see these documents ?
24 A. Yes .
25 Q. All right . And were they copies of public
k
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1 documents from these files you ' ve discussed? g
2 A. Yes .
i
i
{
3 Q. Where were they left in city hall , do you know?
4 A. No .
I
5 Q. Did anyone claim to have seen the person who left
6 them there ? 1
i
7 A. Not that I 'm aware of .
8 Q. And you ' re uncertain where in the building they
9 were put?
10 A. Yes .
11 Q. And how did you become aware that they were in city
12 hall?
13 A. I ' m not certain who told me .
14 Q. Were they -- all right . You described for me
15 earlier documents left at the post office . Did you
16 ever see those documents ?
17 A. What ' s that?
18 Q. You described for me a moment ago documents were
1
19 left at the post office . Did you see the documents
n
20 that were left at the post office?
9
21 A. Yes . s
22 Q. And so were the documents at the post office and 1
9
23 the city hall the same?
24 A. I don ' t know .
25 Q. Do you know what ever became of either_ set of
Lambert Reporting 319 . 350 . 5763
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S
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1 documents?
x
2 A. I threw -- they picked them up and I threw them
3 away . s
u
4 Q. These other people you ' ve described picked them up?
r;
5 A. Yes . They may have a copy . I don ' t know .
6 Q. And did you make any complaint to Officer Koc,'e~z or
a
7 anyone else about those events ?
8 A. Yes , he is aware of it .
9 Q. Did you :hill out a criti_nal complaint against
10 Mr . Canon?
11 A. No .
12 Q. Would it be fair to say that you make some enemies
13 in your work?
14 A. Yes .
i
15 Q. And would it be fair to say that people other than
16 ,josh Canon have been angered by your work?
17 A. Yes .
18 Q And have -- is it true that other individuals have
19 complained to your supervisors about your work?
2C A. Yes .
21 Q. Was there anything unique in these documents left
4
22 at the post office or city hall which indicated to
23 you that ;josh Canon was the person that left them
24 there?
25 A. No .
Lambert Report.]..ng 319 . 350 . 5763
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22
Q Was there anything in these documents that was
2 untrue?
3 A Yeah .
4 Q And what was that, please?
5 A. Calling me a wife beater and writing on there .
6 Q "Wife beater" was written on one or more of these
7 documents?
8 A. Yes .
9 Q Were they signed in any way?
10 A. What ' s that?
1i Q Did the person who left the documents sign 711(>i-
12 name or indicate in any way who they were?
13 A. Not that I know of .
1.4 Q So TI ' ve asked you about what other people claim
15 Mr . Canon said about you, and you ' ve told me about
16 social media that other people said they saw .
17 You ' ve told me about how documents were left at ---he
18 post office and city hal-- . Were there other events
19 that you attribute to Josh Canon before September
20 12 of 2014 ?
21 A. Just Knickers , running into a person that said that
22 Josh was very unhappy with me , that I was i c k i n q
23 on him and his dad, and he was a friend of Josh or
24 something like that, and I just said, 11i. can ' t
25 discuss it . It ' s Ci4,-y business . "
Lambert Reporting 319 . 350 . 5763
23 w
Q. And who was the Derson that told you that?
9
i
2 A. Don ' t -- never met him before, don ' t know him.
a
3 Q. So I gather the person who told you this had spoken
4 to someone else who claims to have been a friend of u
r
5 Josh Canon ' s ?
x
}
6 A. What ' s that ,
it
7 Q. I 'm trying to get straight --
Y
8 A. He indicated he was a direct :Friend of Josh ,
9 Q. And he shared this with yo,.) directly then?
`i
10 A . Correct .
r
11 Q. Do you recall when that was?
i
12 A. It was during the summertime , I do believe, maybe
13 June, May, June . T 'm not certain .
14 Q. Can you tell me in 20113 and 2014 how many municipal
15 infractions you had filed against different [
16 citizens in the city?
is
17 A. How many?
w
18 Q. Yes .
19 A. I don ' t know, maybe 12 .
E
20 Q. About 12 annually? Would that be right?
F
2.1 A. 1 don ' t know . I don ' t keep track of that . �
22 Q. Other than municipal infractions are there other
23 ways that you have undergone enforcement of the
24 city housing ordinances? Do you do things other
25 than municipal infractions ? €
Zarr.hert Reporting 319 . 350 . 5763
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24
I A Yes
2 Q. And what are those , please?
3 A We charge for reinspections , we have various group
4 enforcements where we ' ll bring in other individuals
5 to assess the situation that I rely on for
6 expertise . The building department may go with me
7 on an -inspection, and let ' s say the furnace
8 operating right, and T use their expertise to help
9 me on that situation for issuing orders . Tf we
1-0 have hoarding situations we have a group task
11 force that may go in with the health department,
12 the pol--i-ce department , the fire department , and do
13 overall enforcement .
Id Q. Well , let me ask you about the events of
is September 12 . 1 'understand that in the morning you
16 were present at home with some other individuals ;
17 is that right?
18 A. It ' s nor in the inorning .
1.9 Q I 'm sorry, I misread the report . The report I have
20 indicates it was 1001 hours , so I take that to be
21 then about 8 p . m. Would that be right?
22 A. No .
23 Q What time was it then-,
24 A. A little after five o ' clock .
25 Q I see . I was misreading the report . This is the
Lambert Reporting 3101 . 350 . 5763
25
1 time the officer spoke to you . So it was
2 approximately 5 p .m. on September 12 ; is that
3 right? ry
it
4 A. What ' s that?
5 Q. Approximately 5 p .m. on September 12 , and --
ti
6 A. It was probably --
7 Q. Please let me finish my question . Was it
8 approximately 5 p .m. on September_ 12 ?
9 A. Yes .
10 Q. And you were at home?
11 A. Just gotten home .
I
12 Q. What is your address?
'i
13 A. 2703 North Grandview . !;
14 Q. Is that a corner lot?
15 A. Yes .
l
16 Q. Were you inside or outside the home? �
17 A. Outside .
18 Q. Who were you with?
19 A. Duane Magnussen and Cindy Magnussen .
20 Q. How do you know them?
a
R
21 A. They ' re friends .
22 Q. Was there a vehicle for sale at your house?
it
23 A. Yes .
24 Q. What kind of vehicle was it?
a.
25 A. BMW SUV .
1
Lambert Reporting 319 . 350 . 5763
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I Q. Was it yours ?
2 A. No .
3 Q. Who did it belong to?
4 A. A friend .
j
5 Q. Did you have a key for it?
6 A. `fes .
7 Q. Was there a sign in it indicating it was for sale?
�i
8 A. Yes .
i
9 Q. And where was it located..?
10 A, I do believe at the time it was located at my -- on
11 my lot .
12 Q. What do you mean by that? Where on your lot was
it?t '.
_j
1,
a
14 A. on the , le --- ' s see, southeast corner of my lot .
ti
b
"i5 Q. Was it parked in your. lawn?
16 A. Yes . 7
IV Q. Where was the for-sale sign?
y
6
18 A. In the window .
C
19 Q. So if I understand, it was parked between your
G
t
20 house and the sidewalk; is that correct?
4
i
21 A. It was on my aid- yard and between the neighbor ' s
22 yard and my sidewalk on my side yard, right at t. ie
23 corner of Kane and North Grandview .
24 Q. And why was the vehicle there at your house?
25 A. A friend asked if they could park it there . They
Lambert Reporting 319. 350 . 5763
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1
1 were trying to sell it . And I said yes .
{
2 Q. Before that day for how long had it been there?
a
i
3 A. It was parked in that yard the night before, so a
4 maybe nine , ten hours .
5 Q. So the vehicle did not belong to the Magnussens ?
ISI
6 A. No .
7 Q. Are there ordinances in the city of Dubuque that
f
8 would restrict a citizen ' s ability to park a car j
9 where this BMW was with a sign in the window?
10 A. There may be , yes .
f
11 Q. Do you know now whether there are?
12 A. Yes , I do know now .
1.3 Q. And what is it?
14 A. It ' s 24 hours .
a
15 Q. What is 24 hours?
16 A. That you can have a vehicle parked in your yard .
17 Q. For any purpose or merely for sale?
18 A. I 'm not certain . I 'm not aware of that .
19 Q. Are there restrictions on where you can display a
20 car for sale on a property?
21 A. I 'm riot aware of the restrictions .
a
22 Q. There may be some, but you don ' t know?
23 A. Correct .
24 Q. So I take it at some point in the morning you
25 believe that Josh Canon came by your house ; is that
Lambert Reporting 319 . 350 . 5763
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I right?
2 A I don ' t know .
3 MS . CORKED] : Afternoon .
4 MR . HAMMOND : Thank you .
(By Mr . Hammond) Well-, T take it at some point in
6 the day, you believe Josh Canon came by your house ;
7 is that right?
8 A. At five , a little after five .
9 Q. Tell me about that . What happened?
10 A. What happened?
11 Q. Yes .
12 A. I was `acing my friend . We were in my driveway .
13 My friend had his car parked in my driveway . I had
14 my vehicle parked in the driveway . Him, his wife ,
15 and I were having a discussion . He had a difficult
0 time finding the location of my house , and we were
17 discussing that .
18 Q. And what happened then?
19 A. Josh pul.led up along -- On Kane Street alongside
20 my -- the sidewalk, wherever, and was yelling and
21 screaming . I was talking to my friend at the time .
22 T wasnt facing the street . I was talking to my
23 friend, who was 'Lacing the street, and I see a
24 puzzled look on his face . I turn around, looked,
25 observed a vehicle and heard swearing , cussing, and
Lambert Reporting 319 . 350 . 5763
29
1 my friend had said to me , " Is he kidding? " And I
2 made a comment back like , "No, he ' s not kidd.ing, "
3 you know, about the swearing and stuff .
4 Q Let me slow down, if T :-night .
5 A. Yes .
6 Q. You said this vehicle came up Kane Street ; is ,:hat
7
correct?
8 A. I don ' t know if it came up Kane . I 'm a s s U,-,', n g .
9 Q. What street does your front door face?
10 A. It faces the North Grandview
11 Q So your house is at the corner of North Grandview
12 and Kane ; is that right?
13 A. Correct .
14 Q And you described your driveway . Does one access
15 your driveway off Kane or off North Grandview?
16 A. Access is offf North Grandview .
17 Q So you described a vehicle that came from the
18 direction of Kane Street ; is that correct?
19 A. Excuse me?
20 Q. The vehicle that you say was Mr . Canon ' s came from
21 Kane Street; is that right?
22 It was on Kane Street . I_ assume it came up Kane .
23 I 'm not certain . It could have come up from North
24 Grandview . It could have -- you know, there ' s
25 several -- three different directions that i -- could
Lambeit Reporting 319 . 350 . 5763
30
have came from.
2 Q Did you recognize the vehicle?
ii
A No .
4 Q. How many people were in it ?
A. One .
6 Q. The vehicle came to a stop?
A. Yes .
8 Q. What kind of a vehicle was it?
9 A.
was a Durango .
10 Q 'Nhat color was it , do you ec-all?
I want to say light gray, silver .
Where did it come to a stop relative to your
13 driveway?
14 A. Where did it come to a stop? Relative it was
15 1 was about halfway in my driveway, halfway the
16 length of my driveway, and it was -- if you drew a
17 straight line from my driveway where I was , it was
is parallel to me at that point .
19 Q. It was aligned with your driveway; is that -right?
20 A. It was about halfway on -'E-he stree-r- where my
21 driveway would be . If you looked -- if you looked
22 directly south, it was directly south of me, a
23 straight-- line at the point where I was in my
24 driveway .
25 Q. And how was the vehicle orientated? in other
Lambert Reporting 319. 350 . 5763
31
I words , was it the driver ' s door or the passenger ' s
2 door that was closer to the house?
3 A. The passenger ' s door . �
4 Q. Was the window down?
q
ti
5 A. Yes . I'
I
6 Q. Arid by that I meant the passenger window?
7 A. Yes .
is
8 Q. What was your distance from the vehicle when it
9 came to a stop?
10 A. I ' d say 40 , 50 feet .
11 Q. So I understand that initially you were not facing
12 it?
1.3 A. No .
I
14 Q. You heard someone in the vehicle saying something`?
15 A. Actually, it wasn ' t somebody saying something that 'I
16 I heard . It was the puzzled look on my friend ' s
17 face , who heard -- was looking at the vehicle , and
w
18 I seen the look, and then. I looked over, and then I
i
1.9 could hear it .
20 Q. So did Mr . Magnussen tell you what he heard?
21 A. Yes .
22 Q. And by that I mean, did he tell you what he heard 9
23 before you turned around and could hear the person
24 in the car_ yourself?
k
25 A. No .
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1
1 Q. So you heard some yelling, but it was indist=inct ,
i
2 and you did not know what was being said; is that a
3 fair statement?
4 A. At that point , correct .
5 Q. So you turned around?
i
6 A. Mm-hmm (yes ) . j
7 Q. Is that a yes ?
I
8 A. I turned sideways , yes , excuse me .
9 Q. And tell me what you saw .
10 A. Mr . Canon in a vehicle yelling obscenities . That ' s
i
11 what I heard, was obscenities .
12 Q. What did he yell ?
13 A. Swear words , and I just caught the tail end, and it
14 was swear words , and that was it , and then he took j
i
15 off . That ' s what I heard . 'I
ti
16 Q. What did you hear him say?
17 A. Mother fucker , bitch, asshole , stuff like that . I
18 can ' t recall exactly ,
19 Q. And then what happened?
'i
20 A. And then the vehicle went up the street .
r
21 Q. Did you see it again? k
22 A. Yes
23 Q. When did you see it again?
24 A. My friends and myself went to pick up my son from
25 school . He ' s in day-care . We come back . Once
Lambert Reporting 319 . 350 . 5763
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II
1 again, I was in the driveway with my friends . We
2 were talking . My son was there . I had moved the
'i
3 BMW from the yard, I think, at that point , parked j
4 it on the street between -- in front of my house to ;
5 the right -- or to the east of my house , I think 9_t
6 was . And I was talking to my friend . I turned
i
7 around . The same vehicle previously pulled up
8 coming from the north going south on. North
9 Grandview, pulled up to the car that I had pulled
10 out on the street , held a phone with a camera on
11 it and took ap icture of the vehicle .
12 Q. What happened then?
13 A. It left then .
14 Q. Why did you move the red BMW out of your yard?
15 A. Why did I move it?
16 Q. Yes .
17 A. I had gotten a phone call from another city
18 employee that said I was in violation -- asked if I
r,
h
19 had a vehicle in my yard . I said yes . He says ,
I
i'
20 "That ' s a violation, Bob . You can ' t do that . " I N
V
21 said, "Okay . " I moved the vehicle to the curb, and
i
N,
22 I can ' t remember if I moved it before I went to the
h
i
23 school or if I moved it after I got back from the
24 school picking up my son .
�I
25 Q. So did that person who called -- I 'm sorry, who was
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1 the person that called and told you that?
2 A, Charlie Miller .
3 Q. And did Mr . Miller issue you a citation for having
4 the car in your yard with a for-sale sign on it?
h
Ij
5 A. No .
�I
6 Q. Do you know whether it ' s a violation to leave a car
i
7 on a side street with a for..-sale sign solely for
8 the purpose of selling it?
9 A. I 'm not certain of the rules on that .
10 Q. Did you ask Mr . Miller whether that would be
11 allowed?
12 A. No, I did not .
13 Q. This is not your vehicle ; correct?
I
14 A. Correct .
i;
15 Q. Have you read the affidavit of Officer Juergens ?
16 A. No .
17 Q. All right . You did interview with. Officer_ u
18 Juergens ; is that right?
19 A. BJ . I 'm not certain -- I can ' t remember his name .
i
20 Q. When did you call the police and make a complaint h
F
21 about Mr . Canon?
p
22 A. In the morning .
23 Q. The next morning?
24 A. Yes .
25 Q. Was there any reason why you didn ' t do it that tl
Lambert Reporting 319 . 350 . 5763 6'
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0
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C
1 evening?
a
2 A. I had called my boss and informed him of it , and
3 didn ' t make the complaint in the morning -- until
morning because my friends were in :From out of
5 town, and we were expected Lo meet other people,
4
6 but I called Alvin Nash and informed him of what
I
7 happened .
3
8 Q. Do you recall what day of the week the 12th was , �
9 the day of the events you described for me?
1.0 A. What ' s that?
11 Q. Do you recall what day of the week September 12
'r
12 was?
13 A. I think it was a Thursday . f'
G
14 Q. All right . Very good . I want to make sure that I
15 understood. ---- that I understand everything that you
w6 claim that Josh Canon said to you, and you ' ve
1? described for me some swear words that he said, and
18 you believe that those were directed at: you; is
i
1.9 that right?
20 A. Correct. .
E
21 Q. Did he call out your nate , point at you, do
22 anything like that?
23 A. i don ' t recall . s
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a
24 Q. Did he say anything else other than the curse words
9
25 that you recited for me?
Lambert Reporting 319 . 350 . 5763 '
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1 A. He said -- my friend heard, but I didn ' t .
2 Q. Mr . Magnussen told you he heard someth..ng else?
3 A. Yes .
n
4 Q. And what did Mr . Magnussen say to you that he n
5 heard?
6 A. He said -- he asked me, "Is he serious? " And I had
3
1
7 responded yes , not knowing what -- you know, I
8 heard the Swear words or whatever . And then he
9 goes , "You know he yel-led out: at You, ' I ' 11. kill
10 vou ' ? " And I said, "I wasn ' t aware of that . " I
4
1.1 didn ' t -- my back was turned to the vehicle , so I
12 didn ' t hear it .
13 Q. Did Mr . Canon point to the BMW in the yard at any
14 time?
15 A. I don ' t know .
f
16 Q. Did he say anything that le:, you to believe that he
17 was complaining about the BMW being parked in your.
18 yard with a for-sale sign?
1.9 A. No ,
20 Q. You ' d d received a call from Charlie Miller not long
21 after telling you the car couldn ' t be displaye-C
22 that way; is that right?
23 A. i do believe I received the call prior to anything
24 happening, but I 'm not certain of that .
25 Q. Whenou say prior to anything happening,y y p y g pp g, you mean
Lambert Reporting 319. 350 . 5753
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1 prior to the event where you say that Mr . Canon j
2 came by your house ?
f,
3 A. Correct .
4 Q. Did Charlie Miller tell you they had a complaint
h
'1
5 about the car?
!i
I
i
6 A. He said it didn ' t give an address , but he asked if
7 I had a vehicle in my yard, and. I responded , "Well ,
ii
8 yes , I do have a vehicle in my yard . " And he said ,
!i
9 "Well , Bob , you can ' t have the vehicle in your
10 yard . " And I said, "Okay . No problem. "
i
11 Q. So from that you deduced that someone had made a
12 complaint?
13 A. Yes , I would assume .
'i
14 Q. Does Mr . Miller know Josh Canon, do you know?
15 A. I think he does , yes .
i.
l
16 Q. Did Mr . Miller tell you that Josh. Canon had called
17 and made a complaint about the car in your yard. .
18 A. He told me it was anonymous , the complaint .
19 Q. At any time after September 12 , did you follow up
y
20 with Mr . Miller to see whether it was Josh Canon
a
21 who had called and made a complaint about your car_ ?
22 A. Once again, I did ask if -- who made the complaint ,
f�
23 and I said, "Well , I assume it ' s Bob, " but, no,
24 didn 't .
25 Q. Bob who?
Lambert Reporting 319 . 350 . 5763 a
38
1 A. Or not Bob , Josh .
i
2 Q. And that was a conversation you had on the 12L-h of
3 September, is that right , a conversation with a
4 Charlie Miller on September 12 ?
5 A. I 'm not certain of the date .
u
!i
6 Q. The purpose my question was just to find out after
7 that day, did you ever do any investigation to see
8 whether it was Josh Canon who had made the
I
i
9 complaint to the city about this car?
10 A. No .
i
i
11 Q . Did anybody ever volunteer to you that they knew it
I
12 was Josh Canon who had called and complained about
13 this car in your yard?
14 A. I just assumed .
I
15 Q. Did you tell police officers that you heard Josh
16 Canon threaten to kill you?
i
1.7 A. No .
18 Q, So if there ' s a .report that quotes you as saying
19 that , that ' s an error ; would that be correct?
20 A. Correct .
21 Q. Mr . Magnussen doesn ' t live in the city of Dubuque ;
g4
l
22 is that right?
23 A. No .
24 Q. Do you have any knowledge of whether he ' s aware of
25 who Josh Canon is?
Lambert Reporting 31.9 . 350 . 5763
P
i
39
I A No, he ' s no-- aware of who Josh is .
2 MR . HAMMOND : Do you mind if we take a
3 moment and speak to my client? I think I 'm done .
4 MS . CORKEN : Can I ask one question and
5 then I ' ll be done?
6
7 EXAMINATION
8 BY MS . CORKEN :
9 Q. What department does Charlie Miller work in-,
IC A. Planning .
11 Q Planning?
12 A. Yeah .
13 Q Like zoning and planning?
14 A. Correct .
15 Q. Why would Charlie Miller have gotten a phone call
16 from anybody about this kind of a thing?
17 A. Charlie enforces on vehicles that are -- enforces
18 on vehicles or -- let ' s say you have a camper or
19 something parked in the driveway, arid it ' s there
2C fo-- a long time . Charlie enforces on that .
21 Q So he does have enfo-rcement about property issues?
22 A. Correct .
23 MS . CORKEN : Okay . Thank you . That ' s
24 all I have .
25 MR . HAMMO
ND : If we could just Lake five
Lambert Reporting 319 . 350 . 5763
i�
40
1 minutes , that would be great .
2 ( Deposition recessed at 10 : 58 a .m . and
li
3 reconvened at 11 : 03 a .m . )
i
4 MR . HAMMOND : I have no further
Ili
5 questions .
6 MS . CORKLN : I don ' t have any either .
7 (The deposition was concluded at
u
8 11 : 03 a ,rn. ) F,
I
9
10
11
12
13
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14
15
16 0
17
18
19
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20
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21
22
23
24
25
Lambert Reporting 319 . 350 . 5763
q
S
9
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1
2
3
i
4 CERTIFICATE
II
5 I , Cheyanna S . Lambert , Certified Shorthand !I
Reporter of the State of Iowa, do hereby certify that
6 on the 22nd day of January, 2015 , at Dubuque , Iowa, p,
there appeared before me the foalowing-named person, to
7 wit , ROBERT EUGENE BOGS, who was by me first duly sworn.
to testify the truth, the whole t.r_uth, and nothing but
8 the truth in the above-entitled cause ; that I repo.r_ted.
in shorthand the testimony of said witness , reduced the
9 same to printing under my direction and. supervision,
and that the foregoing deposition is a true record of
10 the testimony given by said witness and of all
proceedings had on the taking of said deposition at the
11 above time and place .
12 I further certify that I: am not .related to or
employed by any of the parties to this deposition,
13 and further that I am not a relative or employee !'
of any attorney or counse.:L employed by the parties ll
14 hereto or financially interested in the action .
15 IN WITNESS WHEREOF, I have set my hand and
seal this day of February, 2015 .
16 -----
17
18
-----------------------------
Certified
___ _________ _Certified Shorthand Reporter_
19
20
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24
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25
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APPEARANCES[1]- 35:2 41:5,41:18
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caller's[1]-11:9
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2014[71-5:20,6:13, 37:6 aware[11]-7:12, camper[1l-39:18 20:11,20:23,21:22,
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copies[1]-19:25 department[s]-6:9, driver's[1]-31:1 event[8]-3:17,5:20, follow[1]-37:19
10:12, 12:7,12:12,
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CORKEN[121-1:16, 24:6,24:11,24:12, 28:13,28:14,29:14, I 13:3,14:23,37:1 following-named[1]-
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28:3,39:4,39:8, Deposition[1]-40:2 30:21,30:24,33:1, exactly[1]-32:18 FOR[1]-1:1
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Corken[11-2:5 1:10 dropped[41-17:24, 2:5 34:4,34:7,36:18
corner[a]-25:14, deposition[a]-40:7, 17:25, 18:3, 19:5 EXAMINATION[2]- force[1]-24:11
26:14,26:23,29:11 41:9,41:10,41:12 drunk[21-15:23 1 3:6,39:7 Ford[1]-1:18
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hereto[1]-41:14 instances[1]-7:24 -- - - -
29:21,29:22 N j
himself[z]-8:23, intending[1]-14:2 - - ---
11:22 interact[1]-9:12 keep[1]-23:21 Magnussen[s]-
hmm[z]-18:1,32:6 Keifer[1]-16:13 25:19, 31:20,36:2, name[8]-3:8,3:10,
interaction[1]-9:23 key[1) 26:5
hoarding[1]-24:10 interested[1]-41:14 - 36:4,38:21 3:13,11:7,22:12,
kidding[21-29:1, Magnussens[1]- 34:19,35:21
hold[1]-4:24 interrupted[1]-7:6 29:2
27:5 named[21-12:12,
home[4)-24:16, interview[1]-34:17 kill[21-36:9,38:16 Marion[1)-1:18 41:6
25:10,25:11,25:16 intimidation[1]- kind[61-10:14,13:25, materials[3]-18:2, narrative[1]-13:13
homes[1]-5:13 16:15
19:7,25:24,30:8, 18:23, 18:24 Nash[51-7:5, 11:2,
hours[4)-24:20, investigation[1]- 39:16 matter[l -3:14 11:9,11:13,35:6
27:4,27:14,27:15 38:7
house(1 3j-13:3, IOWA[z]-1:1, 1:3 kiosk[1]-18:22 mean[10]-12:17, nature[1]-8:8 i
15:8,25:22,26:20, Iowa[8]-1:11, 1:11, Klinger[1]-1:18 17:17, 18:7,18:13, NE[1]-1:18
26:24,27:25,28:6, 1:16Knickers[1] 22:21 18:15, 19:19, 19:20, near ill-13:6
, 1:19,1:24, knowing[1]-36:7 1 26:12,31:22, 36:25
28:16,29:11,31:2, 4:18,41:5,41:6 need[z]-4:3,4:6
knowledge[1]-38:24 1 meant[31-4:7,4:9, neighbor's 1 26:21
33:4,33:5,37:2 issue[z]-5:16,34:3 g ill
housing111-4:16, Koch[e]-12:13, 31:6 never[11-23:2
[ issued[1]-9:8
5:12, 10:11, 12:7, 13:12, 13:17, 13:25, media p]-8:1,8:2, next[1]-34:23 6
issues[1)-39:21 14:2, 14:15,14:16,
12:12, 13:21,17:21, issuing[1]-24:9 8:16,8:24, 14:8, night[1]-27:3
21:6 1 15:5,22:16 nine 1 27:4
18:3, 18:5,18:15, items[21-16:1,16:25 []
23:24 meet[1]-35:5 noncompliance[1]-
hung[1]-12:25 meeting[1]-5:24 6:23
mentioned[1]-10:7 North[8]-25:13,
8
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i
i
26:23,29:10,29:11, page[1]-8:2 39:11,39:13 Q request[1]-6:2
29:15,29:16,29:23, paint[1]-5:3 plea[1]-15:21 -- - residential[1]-4:16
33:8 paper[z]-19:20, point[11)-5:24, responded[21-36:7,
north[1]-33:8 19:21 11:15, 14:5,27:24, questions[e]-3:15, 37:7
nothing[z]-3:4,41:7 parallel[1]-30:18 28:5,30:18,30:23, 3:18,3:24,3:25, responsible[1]-
notified[1]-12;6 park[2]-26:25,27:8 32:4,33:3,35:21, 4:10, 18:8, 18:11, 16:18
November[21-6:19, parked[s]-26:15, 36:13 40:5 restrict[1]-27:8
6:20 26:19,27:3,27:16, police[71-5:19,6:9, quotes[1)-38:18 restrictions[z]-
- ---- 28:13,28:14,33:3, --
6:11, 13'17,24:12, 27:19,27:21
Q 36:17, 39:19 34:20,38:15 R res uIt[z]-7:1,13:8
part[5]-6:3,6:14, position[1]-4:25 Road[21-1:18, 1;24
7:8,9:4,9:11 positions[1]-4:25 Rob[11-9:6
o'clock[1]-24:24 1 Rapids[1]-1:19
parties[21-41:12, post[13)-14:10, 15:9, reached[1)-7:2 Robert[41-3:9,5:21,
objections[1]-3:21 41:13 15:11, 16:2, 16:19, 9:6,9:9
obscenities[2]- read[3]-4:8,8:25,
partner[1]-15:24 18:20, 19:13,20:15, ROBERT[4]-1:6,
32:10,32:11 20:19,20:20,20:22, 34:15
passenger[1]-31:6 1:10,3:1,41:7
observed[z]-6:10, 21:22 22;18 realize(1)-11:6
passenger's[z]- Robinson[1]-1:18
posted 15 8: reason[1]-34:25
28'25 31:1,31:3 P [ ] 1,8:3, ' received[31-5:19, RPR[1]-1:23
October[1]-6:20 people[1 e]-7:23, 8:3, 14:9, 14:10, 14:12, l rules[1]-34:9
i
OF[zl-1:3, 1:10 15:7, 15:10, 15:13, 36:20,36:23
8:4,8:22,9:1,10:23, recessed[1]-40:2 running[1]-22:21 h
office[23]-9:15, 12:2, 14:12, 14:19, 15:4, 15:24, 15:25, 16:2,
14:10,14:11, 14:12,
16:21, 19:3, 19:9, 16:22, 17:7, 18:11, recited[1]-35:25 S
15:9, 15:11, 16:2, 21:4,21:15,22:14, 18:16, 18:17 recognize[1]-30:2
16:9, 16;12, 16:19, 22;16, 30;4,35;5 potential[1]-3:16 recollection[z] 9:14,
17:7, 17:22, 18:4, resent 19:9 sale a 25:22,26:7,
performance[z]- P [1]-24:16 [ ]-
18:5, 18:15, 19'13, reconvened[1]-40:3 26:17,27:17,27:20,
11:17, 12:16 PRESENT[1]-1:20
20:15,20:19,20:20, perhaps[1]-15:8 previously[1]-33:7 record[1]-41:9 34:4,34:7,36:18
20:22,21:22,22:18 period[3]-10:22, printing[1)-41:9 records[71-14:9,
saw[3]-16:21,22:16,
officer[3]-12:6, 13:7, 17:12 problem[51-7:18, 14:12, 15:12, 15:14, 32,9
13:18,25:1person[13]-10:3, 7:19,7:24,8:5, 15:16, 19:17, 19:21 school[3]-32:25,
Officer[5]-13:25, 16:22, 19:4,20:5, 37:10 red[1]-33:14 33:23,33:24
14:2,21:6,34:15, reduced[1]-41:8
Scott[s]-12:8,12:12,
21:23,22:11,22:21, Problems[1]-7:17
34:17 23:1,23:3,31:23, Proceedings[21-2:3, reference[1]-10:13 12:13, 13:11, 13:17
officers[1]-38:15 referring[z]-15:14, screaming[1]-28:21
33:25, 34:1,41:6 2:6
offices[1]-17:14 15:20 seal[1]-41:15
personal[3]-7:17, proceedings[s]-
official[2) 7:10,9:5 reinspections[11- see[111-16:6, 19:23,
7:18,9:23 15:19, 15:20,41:10
Old[1]-1:18 personally[21-5:23, properly[2]-11:11, 24.3 20:16,20:19,24:25,
once[z]-32:25,37:22 related[1]-41:12 26:14,28:23,32:21,
9:13 11:14
one[s]-5:24,5:25, relative[3)-30:12, 32:23,37:20,38:7
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hone zz 6 17 [ ,
8:17, 13:11, 16:12, pg;18,8:20, 10:6, p5:1P1,5:17 ] 30:14,41:13 seem[1]-13:2
22:6,29:14,30:5, 10:13, 10:14, 10:18, property[61-6:23, relied[11 9:1 sell[1] 27:1
39:4 10:20, 11:8,12:7, 6:24,7:8,9:9,27:20, rely[31-12:2, 16:17, selling[1]-34:8
ones[1]-15:15 13:1, 13:8, 13:10, 39:21 24:5 September[151-5:20,
operating[1]-24:8 13:13, 14:4,17:1, propose[11-3:20 remember p]-4:5, 6:13,9:22,10:10,
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orders[z]-5:16,24:9 17:11,33:10, 33:17, provided[2]-14:11, 10:1, 10:20,12:6, 10:17,10:22,22:19,
ordinances[21- 39:15 18:25 13:5,33:22,34:19 24:15,25:2,25:5,
23:24,27:7 honed[1]-10:24 rental[z] 4:16, 5:11 25:8,35:11,37:19, 1
p public[1)-19:25
orientated[11-30:25 rentals[1]-5:13 38:3,38:4
phonetic[2]-16:12, published[1]-18:16
outside[z]-25:16, rephrase[1]-4:1 sequence[1] 15:2
16:14 pulled]a]-28:19,
25;17pick[1]-32:24 33:7,33:9
report[7]-6:11, serious[1]-36:6
overall[1]-24:13 picked[4]-16:8, 17:3, purpose[3]-27:17, 13:12, 13:25,24:19, set[21-20:25,41:15
overstepped[1]-8:7 21:2,21:4 34:8,38:6 24:25, 38:18 several[z]-18:22,
owned[1]-6:24 picking[21-22:22, put[a]-16:15, 18:23, reported[1]-41:8 29;25
33:24 18:24, 19:7, 19:16, Reporter[4]-1:11, shared[1]-23:9
P picture[1]-33:11 19:17, 19:21,20:9 2:7,41:5,41:18 sheet[11-19:20
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41:11 puzzled[21-28:24, reports[5]-5:19, 41:5,41:18 a
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spoken[l]-23:3 41:8,41:10 37:17� 38:13
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started[31-11:3, THE(31-1:1,13:19, vacant Ill-5:15 year[3]-6:19,9:25,
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state's Ill-3:16 three p] 29:25 29:6,29:17 29*20
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35:13 31:17,32:10,32:20,
statements(1]-8:12 today lil-12:1 you.[1;-3&10
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stations 18:22 tone Ill-12:4 yourself[2]-11;16,
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Stop[41-30:6,30:12, 32:14,33:11 vehicles[Z-39:17, --
towards[i]-7:15
30:14,31:9 39:18
town[1)-35:5 verbally Ill-8:18
straight[3]-23:7,
30:17,30:23 track[11-23:21 violation[3]-33:18, zoning[ij-39:13
Street ttl-28:19, transcript Ill-4:8 33:20,34:6
29:6,29:18, 29:21, transpired(ij-15:18 violations[1]-5:17
29:22 trial[3]-3:17,3:18, voice[l]-12:4
3:22
street[a]-28:22, volunteer fil-38:11
28:23,29:9,30:20, true[21-21:18,41:9 vs[i]-1:5
32:20,33:4,33:10, truth[6)-3:3,3:4, vulgarpl-11:8
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substance Ill 12,17 turn pi-28:24 waived 3:22