Lynch Hearing Transcript 1/22/2014

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SUPERIOR COURT OF THE STATE OF CALIFORNIA

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FOR THE COUNTY OF LOS ANGELES

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DEPARTMENT NO. 40

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THE PEOPLE OF THE STATE OF CALIFORNIA, ) ) PLAINTIFF, ) ) -VS) NO. 2CA04539 ) ) 01) KELLEY LYNCH, ) ) ) DEFENDANT. ) _______________________________________)

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HON. HENRY BARELA, JUDGE

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REPORTER'S TRANSCRIPT OF PROCEEDINGS

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JANUARY 22, 2014

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APPEARANCES:

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FOR THE PLAINTIFF:

MIKE FEUER, CITY ATTORNEY BY: DEPUTY CITY ATTORNEY 5TH FLOOR, CITY HALL EAST 200 NORTH MAIN STREET LOS ANGELES, CALIFORNIA 90012

FOR THE DEFENDANT:

IN PROPRIA PERSONA

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CYNTHIA A. ROMERO, CSR NO. 7861 OFFICIAL REPORTER

I N D E X

1 2

CHRONOLOGY OF WITNESSES

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PEOPLE'S WITNESSES:

DIRECT

CROSS

REDIRECT

RECROSS

REDIRECT

RECROSS

6 7

SWANIGAN, VIVIENNE

13-COURT

8 9

5-DCA

(CONTINUED)

15-DCA

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DEFENSE WITNESSES:

DIRECT

CROSS

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LYNCH, KELLEY

22-COURT

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BRANDT ELLIOTT, PAULETTE 31-DEFT 32-COURT

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(CONTINUED)

34-DEFT

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(CONTINUED)

35-COURT

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(CONTINUED)

36-DEFT

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LEGEND:

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DEPUTY CITY ATTORNEY - DCA

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THE COURT

- COURT

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THE DEFENDANT

- DEFT

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EXHIBITS

1 2 3

FOR IDENTIFICATION

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PEOPLE'S:

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1A - COPY OF E-MAIL

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6

1B - COPY OF E-MAIL

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7

2

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- COPY OF E-MAIL

IN EVIDENCE

BY REFERENCE ONLY _

IN EVIDENCE

BY REFERENCE ONLY

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DEFENSE:

FOR IDENTIFICATION

(NONE OFFERED.)

1

1

CASE NUMBER:

2CA04539-01

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CASE NAME:

PEOPLE VERSUS KELLEY LYNCH

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LOS ANGELES, CALIFORNIA; WEDNESDAY, JANUARY 22, 2014

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DEPARTMENT NO. 40

HON. HENRY BARELA, JUDGE

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REPORTER:

CYNTHIA A. ROMERO, CSR NO. 7861

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TIME:

P.M. SESSION

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APPEARANCES:

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THE DEFENDANT IN PROPRIA PERSONA;

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DEPUTY CITY ATTORNEY OF LOS ANGELES

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COUNTY, REPRESENTING THE PEOPLE OF

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THE STATE OF CALIFORNIA.

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THE COURT:

WHERE'S KELLEY LYNCH?

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THE DEFENDANT:

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THE COURT:

HERE, YOUR HONOR.

ALL RIGHT.

CALLING THE KELLEY LYNCH

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MATTER, 2CA04539.

I UNDERSTAND THAT THE MATTER IS HERE

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ON A P.V. HEARING.

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HERSELF, AND WE HAVE THE PEOPLE AND WE HAVE WITNESSES.

WE HAVE MS. LYNCH REPRESENTING

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DEPUTY CITY ATTORNEY:

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THE COURT:

YES, YOUR HONOR.

OKAY.

AND LET'S SEE, MS. LYNCH, AT THE LAST

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COURT APPEARANCE YOU CHOSE TO REPRESENT YOURSELF AND THE

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PUBLIC DEFENDER'S OFFICE WAS RELIEVED, CORRECT?

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THE DEFENDANT:

WELL, YEAH.

THE JUDGE

RECOMMENDED THAT I -THE COURT: YOU DO THAT.

NO.

THE JUDGE DIDN'T RECOMMEND THAT

YOU CHOSE TO REPRESENT YOURSELF, CORRECT?

2

THE DEFENDANT:

1 2

SHE SUGGESTED IT, IS ALL I

MEANT. THE COURT:

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THAT'S FINE.

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REPRESENTING YOURSELF?

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THE DEFENDANT:

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THE COURT:

YOU WISH TO CONTINUE

YES, I DO.

ALL RIGHT, THAT'S FINE.

OKAY.

7 8

YES.

THE MATTER IS HERE ON A

VIOLATION -- I ASSUME THIS WAS A JURY TRIAL? DEPUTY CITY ATTORNEY:

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THE COURT:

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CORRECT, YOUR HONOR.

AND THERE WAS A GUILTY VERDICT ON A

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273.6, DISOBEYING A COURT ORDER.

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17TH, 2012.

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PROBATION, 120 DAYS IN THE COUNTY JAIL.

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TO OWN OR POSSESS WEAPONS.

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MANAGEMENT CLASSES, FOUR COUNSELING AND ALCOHOL

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EDUCATION, AND VARIOUS FEES.

THE SENTENCE WAS FOR FIVE YEARS SUMMARY TEN YEARS NOT

COMPLETE SOME ANGER

DEPUTY CITY ATTORNEY:

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AND THAT WAS ON APRIL

YOUR HONOR, SHE WAS FOUND

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GUILTY OF FOUR COUNTS OF 273.6 VIOLATION AND TWO

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COUNTS -THE COURT:

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OH, I SEE.

HERE.

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DEPUTY CITY ATTORNEY:

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THE COURT:

THERE IS NO PROBATION ON THAT.

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GOT 180 DAYS ON THAT.

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YES.

ALSO FOUND GUILTY OF 653, STALKING.

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26

THERE ARE SEVERAL PAGES

THAT WAS JUST TIME.

THERE WAS ALSO ANOTHER COUNT OF 273.6, WITH THE SAME FIVE YEARS ALSO, AND 120 DAYS. AND THEN ANOTHER 653(M), NO PROBATION,

SHE

3

1

180 DAYS. ANOTHER 273.6.

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I CAN'T TELL HERE, BUT I

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GUESS SHE GOT MORE THAN THE 120 DAYS.

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YEAR? DEPUTY CITY ATTORNEY:

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DID SHE GET A

I THINK IT WAS 18 MONTHS

THAT SHE SERVED.

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THE COURT:

SHE GOT 18 MONTHS ON THIS?

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DEPUTY CITY ATTORNEY:

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THE COURT:

COUNTY JAIL.

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DEPUTY CITY ATTORNEY:

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PROBABLY SIX OF THOSE MONTHS. THE COURT:

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YES.

I THINK SHE SERVED

IT DOESN'T MATTER.

THE SENTENCE --

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SO WITH ALL THESE CONSECUTIVE THINGS, SHE ALREADY DID 18

14

MONTHS. DEPUTY CITY ATTORNEY:

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AND IF MY CALCULATIONS

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ARE CORRECT, YOUR HONOR, I BELIEVE THE BALANCE OF

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OUTSTANDING JAIL TIME IS ABOUT 665 DAYS, BUT MY MATH IS

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NOT MY STRONG POINT SO WE CAN DETERMINE THAT IF WE HAVE

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TO.

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THE COURT:

MATH WON'T BE IMPORTANT HERE,

BELIEVE ME. OKAY.

SO THE PEOPLE ARE GOING TO PRESENT

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TESTIMONY THAT SHE'S VIOLATED HER PROBATION ON HER OBEY

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ALL LAWS OR SPECIFIC TERMS OF THE SENTENCE.

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CALL YOUR FIRST WITNESS. DEPUTY CITY ATTORNEY:

YES.

I'M CALLING

VIVIENNE SWANIGAN. THE DEFENDANT:

YOUR HONOR, COULD I ASK

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1

SOMETHING FIRST BEFORE WE BEGIN?

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THE COURT:

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THE DEFENDANT:

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WOULD IT BE POSSIBLE FOR YOU TO

DEFINE THE WORDS LEGITIMATE, ANNOY, AND HARASS? THE COURT:

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WHAT DO YOU WANT?

THANK YOU.

I DON'T SEE ANY NEED TO

DO THAT.

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THE DEFENDANT:

THANK YOU.

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THE COURT:

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DEPUTY CITY ATTORNEY:

LET'S CALL MS. VIVIENNE SWANIGAN.

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THE COURT:

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DEPUTY CITY ATTORNEY:

YES, YOUR HONOR.

WHO IS SHE? VIVIENNE SWANIGAN IS WITH

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THE LOS ANGELES CITY ATTORNEY'S OFFICE.

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OUR EMPLOYEE MANAGEMENT UNIT.

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OF A COMPLAINT BY SANDRA JO STREETER, WHO WAS THE TRIAL

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ATTORNEY IN THIS MATTER, REGARDING SOME E-MAILS THAT SHE

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RECEIVED FROM THE DEFENDANT THAT WERE DISTURBING AND

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THAT SHE TOOK AS THREATENING AND -THE COURT:

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SHE'S BEEN IN

AND SHE WAS THE RECIPIENT

SO SHE'S GOING TO COME IN HERE AND

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AUTHENTICATE THIS BOOK OF E-MAILS THAT WAS HANDED TO THE

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COURT? DEPUTY CITY ATTORNEY:

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YES, SHE WILL, YOUR

HONOR. THE COURT:

OKAY, LET'S SWEAR HER IN.

OVER HERE.

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VIVIENNE SWANIGAN,

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CALLED AS A WITNESS BY THE PEOPLE, WAS SWORN AND

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TESTIFIED AS FOLLOWS:

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THE CLERK:

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PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY STATE THAT THE TESTIMONY

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YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT,

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SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE

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TRUTH, SO HELP YOU GOD?

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THE WITNESS:

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THE CLERK:

I DO. PLEASE BE SEATED AND STATE YOUR

8

FIRST AND LAST NAME, PLEASE.

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THE WITNESS:

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VIVIENNE, SPELLED V-I-V-I-E-N-N-E.

SWANIGAN, SPELLED S-W-A-N-I-G-A-N.

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THE COURT:

GO AHEAD.

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DEPUTY CITY ATTORNEY:

THANK YOU, YOUR HONOR.

13 DIRECT EXAMINATION

14 15

BY DEPUTY CITY ATTORNEY:

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Q

MS. SWANIGAN, ARE YOU CURRENTLY EMPLOYED?

17

A

YES.

I AM EMPLOYED BY THE LOS ANGELES

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CITY ATTORNEY'S OFFICE IN OUR LABOR RELATIONS DIVISION,

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AND I'M HEAD OF OUR WORKPLACE VIOLENCE UNIT. DEPUTY CITY ATTORNEY:

20 21 22 23 24 25 26

MAY I APPROACH, YOUR

HONOR? THE COURT:

YES.

BY DEPUTY CITY ATTORNEY: Q

IN 2013, DID YOU BECOME AWARE OF AN

INDIVIDUAL BY THE NAME OF KELLEY LYNCH? A

YES.

WE RECEIVED A WORKPLACE VIOLENCE

27

COMPLAINT FROM SANDRA JO STREETER WHO IS ANOTHER DEPUTY

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CITY ATTORNEY WITH OUR OFFICE, WHO WAS RECEIVING

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1

HARASSING -- WELL, I WON'T CATEGORIZE IT.

2

COURT DO THAT.

3

FROM A DEFENDANT THAT SHE HAD PROSECUTED, KELLEY LYNCH.

4

Q

I'LL LET THE

WAS RECEIVING E-MAILS AND PHONE CALLS

AND AT SOME POINT DID YOU MAKE A

5

DETERMINATION THAT YOU WERE GOING TO CAPTURE THOSE

6

E-MAILS IN A SEPARATE FILE SO THAT THEY COULD BE

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MONITORED AND REVIEWED?

8 9

A

YES.

SO WE GOT THE REPORT IN EARLY

JANUARY OF 2013, ALTHOUGH MS. STREETER HAD BEEN

10

RECEIVING THE E-MAILS FOR SOME TIME.

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E-MAILS FORWARDED TO OUR UNIT AND WHAT WE DID WAS WE

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REDIRECTED THEM.

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E-MAIL PER SE, BUT WE REDIRECTED THE E-MAIL SO THEY

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WOULD COME OVER TO OUR UNIT, FIRST TO MY COLLEAGUE'S

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E-MAIL, WHICH WAS -- AND THEN TO MY E-MAIL.

16

Q

WE HAD THOSE

OUR I.T. HAS NO ABILITY TO BLOCK AN

AND AT SOME POINT DID YOU RECEIVE A CALL

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FROM SANDRA JO STREETER INDICATING THAT SHE GOT AN

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E-MAIL THAT SHE FOUND VERY DISTURBING?

19

A

YES.

IT WAS AN E-MAIL WITH A

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VALENTINE -- HAPPY VALENTINE'S DAY ON IT THAT HAD A

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PICTURE OF A DRONE AND SAID SOMETHING TO THE EFFECT OF

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YOU'RE ON MY KILL LIST.

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DEPUTY CITY ATTORNEY:

I'D LIKE TO PRESENT YOU

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WITH A COPY OF AN E-MAIL AND ASK -- AND MARK THAT AS

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PEOPLE'S 1-A.

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(MARKED FOR I.D.:

COPY OF E-MAIL

PEOPLE'S EXHIBIT NO. 1-A)

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DEPUTY CITY ATTORNEY:

1 2

APPROACH TO GIVE YOU A COPY OF THIS?

3

THE COURT:

4

DEPUTY CITY ATTORNEY:

5

THE COURT:

6

9 10

I HAVE IT IN THE BOOK. YOU DO, OKAY?

I SAW IT. GREAT.

SOMETHING ABOUT -- I SAW IT.

IT WAS

A PICTURE OF A DRONE. THE WITNESS:

7 8

YOUR HONOR, MAY I

YES, IT'S DATED FEBRUARY 14TH OF

2013.

THE COURT: THE WITNESS:

YES, I SAW IT. IT'S A PICTURE OF A DRONE.

IT

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SAYS, "HEY GIRL, YOU'VE MADE MY KILL LIST.

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YOU OUT THIS VALENTINE'S DAY."

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WORDS "HAPPY VALENTINE'S DAY.

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CHARGE ME WITH TERRORIST THREATS."

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TO SANDRA JO STREETER AMONG OTHERS AND FROM KELLEY LYNCH

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AT HER E-MAIL ADDRESS OF KELLEY.LYNCH.2010@GMAIL.COM.

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BY DEPUTY CITY ATTORNEY:

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Q

I'M TAKING

AND TYPED IN ARE THE HOPEFULLY STREETER WON'T AND IT WAS DIRECTED

AND IS THIS -- THE ADDRESS OF

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KELLEY.LYNCH.2010@GMAIL.COM, IS THAT THE SAME ADDRESS

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THAT YOU WERE ADVISED THAT MS. STREETER WAS GETTING

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E-MAILS FROM JANUARY OF 2013 ON?

22

A

YES, AND IT'S ALSO THE SAME ADDRESS THAT

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MS. LYNCH CONTINUED TO E-MAIL SANDRA JO STREETER AT

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THROUGH APPROXIMATELY UNTIL MAY 27TH OF 2013, WHEREAFTER

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MS. LYNCH BEGAN E-MAILING ME PRESUMABLY IN PLACE OF

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MS. STREETER.

27 28

Q

WAS -- AT ANY POINT DID YOU ADVISE

MS. LYNCH THAT THE E-MAILS THAT SHE WAS SENDING WERE

8

1

BOTHERSOME TO MS. STREETER? A

2

I DID NOT PERSONALLY ADVISE HER THAT

3

DURING THE TIME PERIOD THAT I GUESS IS BEING COVERED

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HERE IN THIS MOTION.

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DETECTIVE VIRAMONTES WITH THE L.A.P.D. THREAT MANAGEMENT

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UNIT AS WELL AS POSSIBLY MS. STREETER HERSELF, BUT I

7

DON'T THINK MS. STREETER DID. Q

8 9 10

I BELIEVE THAT WAS DONE BY

AND AT SOME POINT WERE MS. STREETER'S

E-MAILS, LIKE I SAID, CAPTURED SO THAT SHE WOULD NO LONGER BE RECEIVING THEM? A

11

YES.

AND THE -- YOU KNOW, ONE OF THE

12

PROBLEMS WITH THE E-MAILS THAT WERE SENT WAS THAT IT

13

WASN'T JUST AN OCCASIONAL E-MAIL.

14

WHERE YOU'D GET AN E-MAIL ONE MINUTE AND THEN A MINUTE

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LATER ANOTHER E-MAIL, AND THEN THREE MINUTES LATER

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ANOTHER E-MAIL, SO WE WOULD GET 50 E-MAILS IN THE SPACE

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OF, YOU KNOW, JUST IN A FEW HOURS.

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WAS VERY DISRUPTIVE TO BE -- TO HAVE THOSE E-MAILS

19

COMING IN LIKE THAT.

IT WAS A SITUATION

AND, YOU KNOW, IT

WHEN THE E-MAILS WERE REDIRECTED TO MY

20 21

ACCOUNT, I CREATED A SUBFILE, IF YOU WILL, AND THEN SET

22

UP MY E-MAIL SO THAT THOSE E-MAILS WOULD GO INTO THE

23

SUBFILE, BECAUSE OTHERWISE I REALLY COULDN'T GET ANY

24

WORK DONE. Q

25

AND AT SOME POINT DID YOU MAKE AN EFFORT

26

TO TRY TO GET THESE E-MAILS BLOCKED FROM YOUR CITY

27

ACCOUNT?

28

A

YES.

WELL, WE TRIED TO SEE IF WE COULD

9

1

GET THEM BLOCKED FIRST FROM SANDRA JO STREETER'S ACCOUNT

2

AND FOUND OUT THAT OUR I.T.A. DOES NOT HAVE THE ABILITY

3

TO SIMPLY BLOCK AN E-MAIL.

4

THAT YOU WOULD, BUT I DON'T KNOW IF THAT -- WHY THAT IS,

5

BUT WE DIDN'T HAVE THE ABILITY TO JUST BLOCK IT SO THAT

6

THOSE E-MAILS WOULD NOT COME THROUGH AT ALL.

7

COME THROUGH AND HAD TO GO SOMEWHERE SO LONG AS THEY

8

WERE BEING SENT TO AN E-MAIL ADDRESS.

9 10 11

Q

YOU WOULD THINK NOWADAYS

THEY WOULD

WHY DID YOUR UNIT BECOME INVOLVED IN THIS

PARTICULAR CASE? A

WE BECAME INVOLVED BECAUSE WE ARE IN

12

CHARGE OF RECEIVING WORKPLACE VIOLENCE THREATS UNDER THE

13

CITY WORKPLACE VIOLENCE POLICY FOR ALL CITY DEPARTMENTS,

14

YOU KNOW, INCLUDING EVEN THE PROPRIETARIES.

15

INCLUDED OF COURSE OUR OWN OFFICE IN THAT.

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MS. STREETER HAD BECOME CONCERNED ABOUT HER SAFETY BASED

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ON THE CONTENT OF THE E-MAILS THAT SHE WAS RECEIVING AS

18

WELL AS THE NUMBER OF E-MAILS THAT SHOWED THAT MS. LYNCH

19

SEEMED TO BE SOMEWHAT OBSESSED WITH MS. STREETER.

AND WE AND

20

AND SHORTLY AFTER WE STARTED, YOU KNOW,

21

MONITORING THE E-MAILS IS WHEN SHE RECEIVED THIS DRONE

22

E-MAIL WHICH MADE HER VERY AFRAID.

23

THAT'S WHAT WE DO IS WE HANDLE THOSE MATTERS.

24

Q

AND, YOU KNOW,

AND THE -- DID YOU FIND THAT -- DID YOUR

25

OFFICE MAKE A DETERMINATION THAT THE COLLECTIVE E-MAILS

26

TO MS. STREETER WERE HARASSING?

27 28

A

WE DID.

GET A RESTRAINING ORDER.

AND WE EVEN CONSIDERED GOING TO IN MS. LYNCH'S CASE THAT WAS A

10

1

LITTLE BIT PROBLEMATIC BECAUSE SHE'S SHOWN A PROPENSITY

2

NOT TO OBEY RESTRAINING ORDERS, SHALL WE SAY.

3

NOT SEEM THAT SHE WOULD PARTICULARLY RESPECT A

4

RESTRAINING ORDER.

5

THESE E-MAILS, SHE WAS ALSO OUT OF OUR JURISDICTION.

6

SHE WAS UP IN NORTHERN CALIFORNIA. Q

7

SO IT DID

AND INITIALLY WHEN SHE BEGAN SENDING

AND DRAWING YOUR ATTENTION TO THE PAPERS

8

THAT ARE TO YOUR RIGHT.

THERE IS A STACK OF PAPERS

9

THERE THAT THE COURT HAS COPIES OF AND MS. LYNCH WAS

10

PROVIDED WITH COPIES OF, THAT CONSTITUTE A MULTITUDE OF

11

E-MAILS.

12

THERE AND TELL ME THE DATE OF THAT.

13

THAT WILL CORRESPOND TO MAY 25TH, 2013.

I'D ASK THAT YOU TAKE A LOOK AT THE FIRST ONE

DID YOU PROVIDE THESE E-MAILS TO ME?

14 A

15

THE FIRST ONE HERE IS A SEPTEMBER 24TH,

16

2013 ON THE VERY TOP.

17

ONE.

18 19 20

AND I BELIEVE THAT

BUT THE NEXT ONE IS THE MAY 25TH

AND YES, I DID SUPPLY THESE E-MAILS TO YOU. Q

WERE THESE E-MAILS DIRECTED -- WAS THE

FIRST E-MAIL DIRECTED TO SANDRA JO STREETER? A

YES.

AND, YOU KNOW, SOMETIMES IT'S A

21

LITTLE BIT DIFFICULT TO SEE WHO IT'S DIRECTED THAT'S

22

RELEVANT FOR THIS HEARING BECAUSE SO MANY PEOPLE ARE

23

ALSO INCLUDED ON HERE, BUT ON THIS ONE FOR

24

SEPTEMBER 24TH, SANDRA JO STREETER HAPPENS TO BE THE

25

FIRST PERSON ON THE LIST.

26

ON THE MAY 25TH ONE, SHE'S FURTHER IN

27

THERE, BUT IT SAYS SPECIFICALLY SANDRA JO STREETER

28

THAT -- IT APPEARS THAT SHE'S TYPING HER COMMENTS

11

1

DIRECTLY TO MS. STREETER IN THAT ONE.

2

Q

SO FROM YOUR REVIEW OF THESE, YOU SEE

3

THAT THE E-MAILS ARE BEING SENT FROM KELLEY LYNCH AND

4

THEY'RE SENT TO SANDRA JO STREETER AT HER WORKPLACE; IS

5

THAT CORRECT?

6

A

THAT'S CORRECT.

7

Q

AND ALONG WITH THAT E-MAIL, THE FIRST ONE

8

THAT'S IN THAT -- AND I WILL CALL THAT 1-B.

9

E-MAIL A CHAIN OF OTHER E-MAILS SENT TO OTHER

10

IS THAT

INDIVIDUALS AS WELL?

11 12

(MARKED FOR I.D.:

13

COPY OF E-MAIL

PEOPLE'S EXHIBIT NO. 1-B)

14 THE WITNESS:

15

YES.

WHAT IS NOT APPARENT WHEN

16

YOU FIRST LOOK AT THE E-MAIL IS THE FACT THAT IT'S NOT

17

JUST A SINGLE E-MAIL.

18

BOTTOM OF IT SAYS 1 OF 17.

19

LOOK LIKE, FOR EXAMPLE ON PAGE 9 OF 17 -- WELL, LET'S GO

20

WITH 10 OF 17, THERE ARE A LOT OF SINGLE LINES GOING

21

DOWN THE SIDE OF THE E-MAIL.

22

ANOTHER E-MAIL THAT WAS SENT BECAUSE SHE'LL TYPE A

23

SENTENCE OR TWO AND THEN HIT SEND AND THEN TYPE ANOTHER

24

SENTENCE OR TWO AND HIT SEND, SO THAT IT IS A CONTINUAL

25

E-MAIL.

26

AS YOU LOOK FURTHER IN, LIKE THE IF YOU GO FURTHER IN AND YOU

EACH ONE OF THESE LINES IS

SO THIS IS NOT EXACTLY WHAT IT APPEARS.

27

IT'S NOT JUST ONE E-MAIL.

IF YOU COUNT ALL THESE LINES,

28

AT ONE POINT THERE ARE 30 OF THEM SO THIS ONE E-MAIL

12

1

ACTUALLY REPRESENTS 30 E-MAILS THAT WERE SENT.

2

BY DEPUTY CITY ATTORNEY:

3

Q

AND WAS THIS E-MAIL, REFERRING TO EXHIBIT

4

1-B, WAS THAT AN E-MAIL THAT CONSTITUTED 17 PAGES WHEN

5

PRINTED OUT?

6

A

YES, IT DID.

7

Q

AND THAT WAS THE E-MAIL THAT WAS SENT TO

8

MS. STREETER, ALL OF THOSE 17 PAGES?

9

A

YES.

THIS IS ONE THAT WENT DIRECTLY TO

10

HER.

11

KNOW, AT LEAST ANOTHER 30 E-MAILS BEFORE YOU GOT TO THIS

12

ONE.

13

STRING.

14 15 16 17

AND AGAIN, IT WOULD HAVE BEEN PRECEDED BY, YOU

SO THAT EACH E-MAIL BECOMES A LONGER AND LONGER

Q

I WOULD LIKE TO DIRECT YOUR ATTENTION TO

THE NEXT EXHIBIT THERE THAT STARTS WITH MAY 28TH, 2013.

DEPUTY CITY ATTORNEY:

AND I'D ASK THAT THAT BE

MARKED AS 2 -- PEOPLE'S 2.

18 (MARKED FOR I.D.:

19 20

COPY OF E-MAIL

PEOPLE'S EXHIBIT NO. 2)

21 22

THE WITNESS:

I ACTUALLY HAVE MAY 27TH AS THE

23

NEXT ONE IN HERE.

24

BY DEPUTY CITY ATTORNEY:

25 26

Q

MAY 27TH?

OKAY.

MAY 27TH, IS THAT

E-MAIL ALSO ADDRESSED TO MS. STREETER?

27

A

YES, IT IS.

28

Q

AND IS THAT FROM WHOM?

13

1

A

THAT IS FROM KELLEY LYNCH.

2

Q

AND HOW MANY PAGES WAS THAT E-MAIL?

3

A

THIS PARTICULAR ONE IS -- WAS ONE OF HER

4

SHORTER ONES, AT LEAST WHEN I PRINTED THIS ONE OUT.

5

THIS WAS ONLY 1 OF 2, BUT THAT DOESN'T NECESSARILY TELL

6

ME FOR SURE BECAUSE IN SOME INSTANCES I SIMPLY ELECTED

7

TO NOT PRINT OUT, YOU KNOW, THE 37 PAGES AND JUST PRINT

8

OUT THE FIRST PAGE.

9 10

THE COURT:

OKAY.

WHY DON'T WE STREAMLINE THIS

OPERATION.

11 DIRECT EXAMINATION

12 13 14 15 16 17

BY THE COURT: Q

SO THEY STARTED ON MAY 25TH, 2013; IS

THAT CORRECT? A

NO.

ACTUALLY SHE STARTED -- SHE GOT OUT

OF -- SHE WAS SENTENCED --

18

Q

WHAT DAY DID THEY START?

19

A

THEY STARTED ABOUT SIX WEEKS AFTER SHE

20

WAS RELEASED FROM CUSTODY; SO SIX WEEKS AFTER SEPTEMBER

21

THE 15TH OF 2012.

22

Q

SO SOME TIME IN --

23

A

LATE OCTOBER, EARLY NOVEMBER.

24

Q

NOVEMBER OF 2012.

25 26

AND THEY CONTINUED

UNTIL WHEN? A

SHE CONTINUED TO E-MAIL SANDRA JO

27

STREETER UNTIL I BELIEVE AROUND LATE MAY OF 2013, AFTER

28

SHE GOT A SECOND VISIT FROM THE L.A.P.D. THREAT

14

1

MANAGEMENT. Q

2

AS FOR ME -IN THE SAMPLES THAT YOU'VE SPOKEN ABOUT,

3

THEY'RE JUST SAMPLES OF THIS BIG PACKAGE AND THE E-MAILS

4

WERE ALL VERY SIMILAR IN NATURE? A

5 6

E-MAILS.

AND THEN SHE STARTED SENDING YOU E-MAILS

ON WHAT DATE? A

9 10

WE'RE TALKING ABOUT THOUSANDS OF E-MAILS. Q

7 8

AND THESE ARE JUST SAMPLES OF THE MANY

SHE STARTED SENDING ME E-MAILS -- THERE

WAS A LITTLE BIT OF AN OVERLAP.

11

Q

12

DEPUTY CITY ATTORNEY:

13

THE WITNESS:

I ACTUALLY --

APRIL, MAY OF 2013 OR MARCH? APPROXIMATELY --

FROM -- YEAH.

APPROXIMATELY

14

MAY -- APPROXIMATELY MAY, 2013.

15

SEPTEMBER OF 2013, SHE SENT ME 2,500 E-MAILS.

16

THE COURT:

17

THE WITNESS:

18

IN BETWEEN THEN AND

OKAY. MORE THAN.

THAT'S WHEN I STOPPED

COUNTING. THE COURT:

19

ALL RIGHT.

HAVE THEY FINALLY STOPPED?

20 21

THE WITNESS:

YES.

APPARENTLY SHE STOPPED WHEN

22

SHE -- I'M GUESSING AT ABOUT THE SAME TIME SHE RECEIVED

23

THE DOCUMENTATION FOR THE PROBATION --

24

THE COURT:

25

THE WITNESS:

26

THE COURT:

27 28

HER?

NOTICE OF THE PROCEEDINGS? YES. OKAY.

ANYTHING ELSE YOU WANT TO ASK

15

DIRECT EXAMINATION (CONTINUED)

1 2 3 4 5 6 7

BY DEPUTY CITY ATTORNEY: Q

DID THE E-MAILS STOP AROUND OCTOBER 13,

2013; IS THAT ABOUT RIGHT? A

YES.

I WANT TO SAY IT WAS OCTOBER 7TH,

BUT IT WAS ABOUT THAT TIME. Q

DURING THE COURSE OF -- SO ALL OF THE

8

E-MAILS YOU HAVE IN FRONT OF YOU, THOSE ARE ALL E-MAILS

9

SENT BY THE DEFENDANT TO EITHER YOU OR MS. STREETER AND

10 11

VARIOUS OTHER PEOPLE; IS THAT CORRECT? A

YES.

THEY WERE ALL SENT TO EITHER MYSELF

12

OR MS. STREETER.

13

PEOPLE THAT WERE ALSO ON THE E-MAILS AS WELL.

14 15 16

Q

IN SOME CASES BOTH.

THERE WERE OTHER

AT ANY TIME DID YOU DIRECT HER TO STOP

E-MAILING YOU? A

I DID NOT PERSONALLY TELL HER TO STOP

17

E-MAILING ME UNTIL AFTER SEPTEMBER OF 2013.

18

POINT SHE ACTUALLY CONTINUED FOR A LITTLE BIT UNTIL SHE

19

APPARENTLY GOT THE PROBATION VIOLATION DOCUMENT.

20

Q

AT WHICH

TO YOUR KNOWLEDGE, WAS THERE EVER ANY

21

DISCUSSION ABOUT MS. LYNCH COMPLETING THE OTHER TERMS

22

AND CONDITIONS OF HER PROBATION?

23

COME ABOUT -- DID -- WAS THAT SOMETHING THAT YOU

24

INVESTIGATED AS PART OF YOUR JOB IN THREAT MANAGEMENT?

25

A

DID YOU -- DID THAT

THE -- WELL, THE ONE THING THAT WE LOOKED

26

AT WAS THE MENTAL HEALTH EVALUATION, AND WE WERE

27

CONCERNED THAT THAT MAY NOT HAVE OCCURRED.

AND IT DID

28

APPEAR THAT THAT DID NOT OCCUR IN CUSTODY.

BUT I

16

1

BELIEVE THAT THE JUDGE WHO DID THE SENTENCING WAS NOT

2

REALLY --

3

THE COURT:

4

THE WITNESS:

5

THE COURT:

6

YES, I DIDN'T SEE --

-- I DIDN'T SEE ANYWHERE IN ANY OF

THE SENTENCING THAT IT WAS REQUIRED.

7

THE WITNESS:

8

THE COURT:

9

-- CLEAR.

YEAH.

HE WASN'T CLEAR.

IT JUST SAYS ANGER MANAGEMENT AND

FOUR COUNSELING AND ALCOHOL AND EDUCATION.

OH.

ANGER

10

MANAGEMENT AND COUNSELING AND ALCOHOL EDUCATION.

11

IS NOTHING HERE THAT SAID SHE HAD TO BE EVALUATED BY A

12

PSYCHIATRIST.

13 14

ALL RIGHT.

THERE

ANYTHING ELSE?

DEPUTY CITY ATTORNEY:

JUST -- NO, YOUR HONOR.

15

THE COURT IS TAKING THIS AS A SAMPLING, IS THAT HOW THE

16

COURT IS VIEWING THIS?

17

THE COURT:

18 19

ABSOLUTELY.

MS. LYNCH, DO YOU WISH TO ASK QUESTIONS OF MS. SWANIGAN?

20

THE DEFENDANT:

21

THE COURT:

YES, JUST A FEW.

THANK YOU.

GO AHEAD.

22 23

CROSS-EXAMINATION

24

BY THE DEFENDANT:

25

Q

MS. SWANIGAN, DO YOU KNOW WHAT

26

PRECIPITATED MY E-MAILS TO BOTH MS. STREETER AND

27

YOURSELF?

28

A

I BELIEVE THAT IT IS -- I BELIEVE IT IS

17

1

YOUR VIEW THAT YOU WERE WRONGLY CONVICTED OF VIOLATING A

2

RESTRAINING ORDER.

3

Q

NO, I DON'T BELIEVE THAT'S CORRECT.

4

THE COURT:

5

THE WITNESS:

6

THE COURT:

THIS IS NOT AN ARGUMENT HERE. RIGHT. YOU ASKED A QUESTION FOR AN OPINION,

7

SHE'S GOING TO GIVE YOU AN OPINION.

8

ME YOUR SIDE OF THE STORY YOU'LL GET YOUR CHANCE, BUT

9

YOU DON'T START ARGUING WITH THE WITNESS WHEN SHE GIVES

10

IF YOU WANT TO TELL

YOU THE ANSWER SHE BELIEVES IS POSSIBLE.

11

THE DEFENDANT:

12

THE COURT:

OKAY?

OKAY.

THANK YOU.

ASK ANOTHER QUESTION.

13

BY THE DEFENDANT:

14

Q

SO ARE YOU AWARE OF WHO STEPHEN GIANELLI

A

I DO NOT KNOW MR. GIANELLI, BUT I AM

15 16 17 18 19 20 21 22

IS?

AWARE THAT HE HAS SENT YOU E-MAILS. Q

HAS STEPHEN GIANELLI SENT MS. STREETER

AND YOURSELF E-MAILS? DEPUTY CITY ATTORNEY:

OBJECTION; IRRELEVANT,

YOUR HONOR. THE COURT:

23

BY THE DEFENDANT:

24

Q

SUSTAINED.

ON NOVEMBER 20TH, 2012, DID STEPHEN

25

GIANELLI BEGIN E-MAILING THE CITY ATTORNEY'S OFFICE WITH

26

ME, MY SON'S SISTER AND OTHERS COPIED IN IT?

27 28

DEPUTY CITY ATTORNEY: YOUR HONOR.

IT'S TOTALLY IRRELEVANT,

18

1

THE COURT:

WHO IS GIANELLI?

2

THE DEFENDANT:

HE'S THE MAN THAT'S BEEN

3

ACTUALLY STALKING AND HARASSING ME AND MEMBERS OF MY

4

FAMILY FOR YEARS NOW.

5

THE COURT:

6

THE DEFENDANT:

7

THE COURT:

8

THE DEFENDANT:

9 10

THAT'S GOT NOTHING TO DO WITH IT. IT REALLY DOES --

NO, IT DOESN'T. -- BECAUSE I RESPONDED TO HIS

E-MAILS TO THE CITY ATTORNEY. THE COURT:

THANK YOU.

IT'S IRRELEVANT.

11

THEY'RE NOT YOUR ATTORNEYS.

THE CITY ATTORNEYS ARE NOT

12

YOUR SPECIFIC ATTORNEYS.

13

HAVING SOME LEGAL PROBLEMS WITH SOMEONE, YOU DON'T JUST

14

START SENDING E-MAILS TO THE CITY ATTORNEY'S OFFICE.

15

YOU FILE A COMPLAINT WITH YOUR LOCAL POLICE AND THEN

16

THEY WILL SEND IT OVER TO THE CITY ATTORNEYS OR DA'S

17

OFFICE FOR FILING IF THEY BELIEVE THAT THAT'S

18

APPROPRIATE.

19

WITH THE CITY ATTORNEY'S OFFICE.

IF YOU'RE HAVING -- IF YOU ARE

YOU DO NOT PERSONALLY HAVE A RELATIONSHIP

DO YOU UNDERSTAND?

20 21

THE DEFENDANT:

22

THE COURT:

THANK YOU.

WELL --

IT'S IRRELEVANT.

IT'S IRRELEVANT.

23

ASK HER SOME OTHER QUESTIONS IF YOU WISH.

24

BY THE DEFENDANT:

25

Q

YOU SAID THAT THE THREAT MANAGEMENT UNIT

26

ADVISED ME ON TWO OCCASIONS NOT TO SPEAK TO

27

MS. STREETER?

28

A

AT LEAST.

19

1 2

DEPUTY CITY ATTORNEY:

OBJECTION; MISSTATES THE

TESTIMONY.

3

THE DEFENDANT:

4

THE COURT:

5

THE WITNESS:

OR TO YOUR --

OVERRULED. AT LEAST.

6

BY THE DEFENDANT:

7

Q

YOU SAID AT LEAST TWO TIMES?

8

A

UH-HUH.

9

Q

AND YOU SAID THAT I DON'T OBEY

10 11 12 13

RESTRAINING ORDERS? A

I SAID THAT IT APPEARS THAT YOU HAVE NO

RESPECT FOR A RESTRAINING ORDER. Q

HAVE I VIOLATED THE RESTRAINING ORDER

14

AGAINST LEONARD COHEN OR HIS LAWYERS SINCE MY

15

SENTENCING?

16

DEPUTY CITY ATTORNEY:

17

THE COURT:

18 19

OBJECTION; IRRELEVANT.

THAT'S WHAT SHE'S SUGGESTING.

YES,

GO AHEAD. THE WITNESS:

I HAVE NO IDEA, BUT THE FACT THAT

20

YOU WERE CONVICTED OF VIOLATING A RESTRAINING ORDER

21

SHOWS THAT YOU HAVE NO RESPECT FOR RESTRAINING ORDERS.

22

BY THE DEFENDANT:

23

Q

BUT DO YOU HAVE ANY EVIDENCE THAT I

24

VIOLATED A RESTRAINING ORDER ISSUED BY THE COURT THAT I

25

WAS PRESENT FOR SINCE THE TIME OF MY CONVICTION?

26

A

NO.

27

THE DEFENDANT:

28

THE COURT:

THANK YOU.

THAT'S ALL I HAVE.

ALL RIGHT, THANK YOU.

YOU MAY STEP

20

1

DOWN. ANY OTHER WITNESSES?

2

DEPUTY CITY ATTORNEY:

3

YOUR HONOR, I HAVE A

4

DETECTIVE ON HIS WAY THAT HE IS NOT HERE RIGHT NOW.

BUT

5

I THINK THAT THE EVIDENCE BEFORE THE COURT IS CLEAR.

6

WOULD INDICATE TO THE COURT THAT THERE IS A LETTER

7

RECEIVED FROM THE -- BY THE COURT FROM ANOTHER

8

INDIVIDUAL WHO FILED A RESTRAINING ORDER AGAINST

9

MS. LYNCH, AND A RESTRAINING ORDER WAS ISSUED DURING THE

I

10

COURSE SUBSEQUENT TO HER RELEASE FROM CUSTODY REGARDING

11

MATTERS IN MARIN COUNTY. AND AS AN OFFICER OF THE COURT, I'D ASK

12 13

THE COURT TO TAKE JUDICIAL NOTICE OF THAT RESTRAINING

14

ORDER.

15

SECTION 1531.

I THINK YOU HAVE IT IN THERE UNDER EVIDENCE CODE

16

THE COURT:

DO YOU HAVE A COPY FOR ME?

17

DEPUTY CITY ATTORNEY:

I THINK THERE IS A COPY

18

IN THE COURT'S FILE FROM THE LAWYER.

19

VOLUMINOUS. THE COURT:

20 21 22

ALL RIGHT.

THE FILE IS VERY

IT'S HERE.

I HAVE HERE A NOTICE OF VIOLATION IN FRONT OF ME.

YOU DIDN'T INCLUDE IT IN THAT PACKET?

DEPUTY CITY ATTORNEY:

23

NO, BECAUSE IT CAME UNDER

24

SEPARATE COVER DIRECTLY FROM THE ATTORNEY.

25

WAS PROVIDED WITH A COPY OF IT.

28

I DO HAVE A COPY.

MAY I HAVE A MOMENT, YOUR HONOR?

26 27

MS. LYNCH

HERE IT

IS. THIS IS MS. LYNCH'S RESPONSE TO THAT

21

1

MOTION, BUT I NEED A MOMENT TO TRY TO FIND IT FOR THE

2

COURT. THE COURT:

3 4

MCCOY? DEPUTY CITY ATTORNEY:

5 6 7

I MAY HAVE SOMETHING FROM A GAVIN

YES, THAT'S CORRECT, YOUR

HONOR. THE COURT:

SO WE HAVE A RESTRAINING ORDER THAT

8

WAS ISSUED IN CONTRA COUNTY SUPERIOR COURT ON JULY 25TH,

9

2013, PROTECTING A RAYMOND LAWRENCE FROM KELLEY LYNCH.

10

CASE NUMBER IS CA04539.

WERE YOU AWARE OF THIS RESTRAINING ORDER,

11 12 13 14 15

MS. LYNCH? THE DEFENDANT:

YES, BUT I WASN'T ABLE TO ATTEND

THE HEARING. THE COURT:

THE RESTRAINING ORDER WAS GRANTED

16

AND PEOPLE ARE SUBMITTING THIS DOCUMENT AS EVIDENCE THAT

17

YOU'RE VIOLATING YOUR PROBATION HERE, NOT TO DISOBEY ANY

18

LAWFUL ORDERS OF THE COURT.

19

ALL RIGHT.

20

THAT WILL BE RECEIVED.

21 22 23 24

THE DEFENDANT:

WOULD YOU TAKE JUDICIAL NOTICE

OF MY REPLY TO THAT? THE COURT:

HOLD ON.

ANYTHING ELSE FROM THE PEOPLE?

25

DEPUTY CITY ATTORNEY:

26

THE COURT:

27 28

THAT WILL BE RECEIVED.

NOT AT THIS TIME.

ALL RIGHT.

MS. LYNCH, DO YOU WISH TO TELL THE COURT YOUR SIDE OF THE STORY?

22

1

THE DEFENDANT:

2

THE COURT:

3

THE DEFENDANT:

4

THE COURT:

5

HER IN.

6

SWEAR HER IN.

RIGHT NOW. -- I HAVE MY WITNESSES?

LET ME SWEAR YOU IN.

WELL --

LET'S SWEAR

SHE CAN TESTIFY RIGHT FROM HER SEAT.

LET'S

STAND UP AND RAISE YOUR RIGHT HAND,

7 8

NOW OR AFTER --

PLEASE.

9 KELLEY LYNCH,

10 11

CALLED AS A WITNESS ON HER BEHALF, WAS SWORN AND

12

TESTIFIED AS FOLLOWS:

13 THE CLERK:

14

PLEASE RAISE YOUR RIGHT HAND.

15

DO YOU SOLEMNLY STATE THAT THE TESTIMONY YOU MAY

16

GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT, SHALL

17

BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH,

18

SO HELP YOU GOD?

19

THE WITNESS:

20

THE CLERK:

YES, SO HELP ME GOD. PLEASE BE SEATED.

21 22 23

DIRECT EXAMINATION

BY THE COURT:

24 25 26

Q

ALL RIGHT, MS. LYNCH.

YOUR SIDE OF THE

A

WELL, MY SIDE OF THE STORY WITH RESPECT

STORY.

27

TO STREETER AND SWANIGAN IS THAT ON NOVEMBER 20TH, 2012

28

AND ONWARD, I BEGAN RECEIVING AN INCONCEIVABLE AMOUNT OF

23

1

HARASSING E-MAILS ACCUSING ME OF ALL SORTS OF THINGS TO

2

MY PROSECUTOR AND THE CITY ATTORNEY'S OFFICE.

3

MEMBERS WERE COPIED IN, MY FRIENDS WERE COPIED IN, AND I

4

ATTEMPTED TO REFUTE THEM.

MY FAMILY

5

Q

YOU HAVE THOSE E-MAILS?

6

A

UM --

7

Q

THEY MADE A BIG FOLDER OF YOUR E-MAILS

8 9 10

GOING TO THEIR OFFICE. A

NO.

DID YOU COPY YOUR E-MAILS?

I DON'T HAVE MONEY TO -- I DON'T

HAVE A PRINTER.

11

Q

YOU DIDN'T SAVE ANY OF THEM?

12

A

YEAH, I JUST SAVED THEM.

13

Q

WHERE ARE THEY?

14

A

THEY'RE IN MY E-MAIL ACCOUNT.

15

Q

YOU DON'T HAVE THEM WITH YOU TODAY?

16

A

I DON'T HAVE ANY MONEY TO PRINT THEM OUT.

17

Q

OKAY.

18

A

AND I DON'T HAVE A PRINTER.

19 20

GO AHEAD.

BRING THEM, I GUESS. Q

THIS IS YOUR DATE TODAY.

21

HAVE THEM TODAY, YOU DON'T HAVE THEM.

22

CONTINUE TELLING ME YOUR STORY.

23

I COULD

A

IF YOU DON'T GO AHEAD, YOU MAY

SO IN ANY EVENT, ON NOVEMBER 20, STEPHEN

24

GIANELLI, WHO HAS BEEN HARASSING ME SINCE 2009, APPEARS

25

TO BE INVOLVED IN SOME KIND OF PROXY WAR WITH LEONARD

26

COHEN IN MATTERS INVOLVING PHIL SPECTOR, BEGAN E-MAILING

27

SANDRA JO STREETER.

28

I SPOKE TO MY APPELLATE ATTORNEY,

24

1

FRANCISCO SUAREZ, WHO ADVISED ME THAT IT WAS ACCEPTABLE

2

TO REFUTE THE SLANDER, THAT I HAVE A FIRST AMENDMENT

3

RIGHT TO ADDRESS COMPLAINTS AND GRIEVANCES WITH THE CITY

4

ATTORNEY'S OFFICE.

5

NUMEROUS TIMES ASKING THAT THEY ASK THIS MAN TO CEASE

6

AND DESIST.

7

THREE WEEKS AGO, DECEMBER OF 2013.

I CALLED THE CITY ATTORNEY'S OFFICE

MS. SWANIGAN FINALLY DID THAT ABOUT TWO OR I FEEL --

8

Q

DID YOU EVER FILE A POLICE REPORT?

9

A

I SPOKE TO L.A.P.D.'S THREAT MANAGEMENT

10

UNIT ABOUT IT.

11

CONTINUED WITH LEONARD COHEN'S ATTORNEY COPIED IN

12

BECAUSE THAT WAS HAPPENING AS WELL, AND SHE HAS A

13

RESTRAINING ORDER AGAINST ME, SO IT WAS VERY ALARMING

14

THAT SHE WOULD BE COPIED IN ON E-MAILS TO THE CITY

15

ATTORNEY WITH ME AND MY FAMILY AND OTHERS.

16

I -- AND THEY DID TELL ME THAT IF IT

DEPUTY CITY ATTORNEY:

YOUR HONOR, I'M GOING TO

17

OBJECT TO ALL OF THIS TESTIMONY AS IRRELEVANT TO

18

MS. LYNCH'S BEHAVIOR.

19 20 21

THE COURT:

OVERRULED.

THANK YOU.

GO AHEAD. THE DEFENDANT:

SO IN ANY EVENT, I ALSO HAVE

22

SPOKEN TO THE F.B.I. ABOUT THIS MATTER.

23

DETECTIVES VIRAMONTES, HESA AND HANCOCK IN THE THREAT

24

MANAGEMENT UNIT ABOUT IT.

25

HILL POLICE DEPARTMENT WHEN I LIVED IN THE BAY AREA.

26

AND I HAVE CONTACTED OTHER AGENCIES.

27 28

I'VE SPOKEN TO

I HAVE GONE TO THE PLEASANT

OF COURSE I BROUGHT IN A COMPLAINT TO THE CITY ATTORNEY'S OFFICE, BECAUSE THEY WERE BEING SENT TO

25

1

THEM AND I WAS ADVISED THAT THAT WAS THE PARTY TO

2

ADDRESS IT WITH. SO TO MAKE A LONG STORY SHORT, IN OR

3 4

AROUND -- AFTER FEBRUARY 14TH, 2013, I HAD CALLED

5

DETECTIVE VIRAMONTES AT THE THREAT MANAGEMENT UNIT ON A

6

SEPARATE MATTER.

7

ON A SEPARATE MATTER RELATED TO MY TRIAL.

8

BECAUSE I WAS WORKING ON AN APPEAL AND A WRIT.

AND WE HAD A DISCUSSION ABOUT THAT -AND --

AND HE CALLED ME BACK AND SAID THAT HUGO

9 10

ROSSITER [PH] OF THE CITY ATTORNEY'S OFFICE HAD

11

CONTACTED HIM AND THAT HE ADVISED HIM THAT SANDRA JO

12

STREETER HAD RECEIVED A COPY OF THIS DRONE E-MAIL WHICH

13

WAS SENT TO THE F.B.I. AND DEPARTMENT OF JUSTICE.

14

THAT SHE FELT THREATENED.

15

ASKED IF IT WAS A JOKE, AND HE SAID HE -- HE HAD TOLD

16

THE CITY ATTORNEY'S OFFICE HE DIDN'T FEEL ANY NEED TO

17

ARREST ME.

18

CONTACT HER AGAIN.

19

THE BAY AREA THEN.

AND

AND HE MENTIONED THAT -- HE

AND HE TOLD ME IT WOULD BE BEST NOT TO SO I AGREED WITH THAT.

I LIVED IN

AND I -- AT ONE POINT ON APRIL 1ST, 2013,

20 21

I HADN'T SENT ANY E-MAILS, I OPENED MY TRASH -- I HAD

22

REDIRECTED MY -- STEPHEN GIANELLI'S E-MAILS TO MY TRASH.

23

AND I HAD INADVERTENTLY DELETED SOMETHING, AND I FOUND

24

ABOUT 50 TO 60 E-MAILS FROM THIS MAN WHO ALSO HAD A BLOG

25

SLANDERING ME.

26

AND I WOULD LIKE TO SAY AT THIS POINT

27

BOTH OF MY SONS ARE MATERIAL WITNESSES AND I HAD BROUGHT

28

THIS TO THE ATTENTION OF THE CITY ATTORNEY'S OFFICE

26

1

BECAUSE THEY HAVE BEEN COPIED IN ON E-MAILS FROM

2

GIANELLI TO MY SONS, WHICH I FOUND SHOCKING.

3

HAS BEEN AN ATTEMPT TO INTIMIDATE MY CHILDREN AND

4

ALIENATE ME.

AND THIS

SO -- AND TO SLANDER ME. SO I DID AGREE.

5

WHEN I OPENED MY E-MAILS

6

IN AND AROUND APRIL 1ST, FINDING 40, 50, POSSIBLY 60

7

E-MAILS WITH SANDRA JO STREETER COPIED IN, I DID RESPOND

8

TO THOSE.

COPYING IN A VARIETY OF PARTIES. ON OR ABOUT -- AFTER I CAME TO L.A. I

9 10

BELIEVE TO STAY WITH PAULETTE BRANDT, THAT WOULD HAVE

11

BEEN JUNE 4TH, 2013, I BEGAN RECEIVING EXTREMELY

12

HARASSING E-MAILS FROM MY FORMER LANDLORD, RAY LAWRENCE.

13 14 15 16 17

DEPUTY CITY ATTORNEY:

OBJECTION; IRRELEVANT,

YOUR HONOR. THE COURT:

OVERRULED.

OVERRULED.

LET HER TELL

HER STORY. THE DEFENDANT:

18

HOW I GOT VIVIENNE --

19

BY THE COURT:

IT IS RELEVANT BECAUSE THAT IS

20

Q

JUST CONTINUE TELLING ME YOUR STORY.

21

A

THAT'S HOW I GOT VIVIENNE SWANIGAN'S

22

E-MAIL ADDRESS.

THEY BEGAN THREATENING ME, AND

23

THREATENING ME WITH A PROBATION VIOLATION.

24

WERE WRITING -- SLANDERING ME TO MY CHILDREN.

25

BEGAN AN ORGANIZED CAMPAIGN.

AND THEY THEY

26

THIS MAN, GIANELLI, WITH RAY LAWRENCE AND

27

LEONARD COHEN'S FAN, SUSAN WOLF, FREQUENTLY WITH LEONARD

28

COHEN'S LAWYER COPIED IN, BEGAN E-MAILING PAULETTE

27

1

BRANDT, WHO IS HERE AS A WITNESS, MY FORMER HAIRDRESSER,

2

MARIO LARA.

3

OVER A YEAR BY THESE INDIVIDUALS, INCLUDING RAY LAWRENCE

4

WHO TOOK OUT THE RESTRAINING ORDER.

MY APPELLATE ATTORNEY HAS BEEN HARASSED FOR

AND I BEGAN COMMUNICATING WITH VIVIENNE

5 6

SWANIGAN.

I ALSO AGAIN COPIED IN MY APPELLATE ATTORNEY

7

WHO TOLD ME THAT WAS THE APPROPRIATE PARTY TO

8

COMMUNICATE WITH.

9

PROBLEMATIC, THEY UNDERSTOOD THAT HE REPRESENTED ME AND

AND HE FELT THAT IF THIS WAS

10

I ALSO HAD A PUBLIC DEFENDER.

11

FROM THEM.

I NEVER HEARD ANYTHING

AND I THINK THAT MY E-MAILS ARE

12 13

LEGITIMATE.

I BELIEVE I HAVE A RIGHT TO ADDRESS

14

GRIEVANCES WITH THE GOVERNMENT, PARTICULARLY WHEN IT IS

15

MALICIOUS SLANDER TO MY PROSECUTOR AND THE CITY

16

ATTORNEY'S OFFICE.

17

DON'T SEE THE VOICE MESSAGES, TO PLEASE ASK THIS MAN NOT

18

TO COPY ME IN ON E-MAILS TO THEIR OFFICE -- MANY, MANY

19

TIMES.

I ASKED THEM MANY, MANY TIMES, I

PAULETTE BRANDT, WHO IS HERE, RECEIVED A

20 21

DEATH THREAT FROM THIS MAN THREATENING TO KILL HER.

22

REPORTED THAT TO THE CITY ATTORNEY.

23

GIANELLI.

24

MANAGEMENT UNIT.

25

POSSIBLY PHIL SPECTOR, ALTHOUGH I DON'T KNOW.

SHE

THIS IS STEPHEN

AND SHE REPORTED IT TO L.A.P.D.'S THREAT IT RELATES TO THE COHEN MATTER.

AND

26

RECENTLY I DISCOVERED THAT VIVIENNE

27

SWANIGAN, WHO WAS JUST ON THE STAND, WAS DIRECTING

28

STEPHEN GIANELLI TO E-MAIL ME AT LEAST SEVERAL TIMES AND

28

1

INSTRUCTED HIM TO GIVE ME A MESSAGE FROM THE CITY

2

ATTORNEY'S OFFICE, THAT THEY ARE NOT IN A CONSPIRACY

3

WITH HIM. AND THIS IS A MAN WHO HAS STALKED --

4 5

PAULETTE BRANDT IS TERRIFIED TO GO OUT.

THIS WAS AFTER

6

SHE LEFT A MESSAGE WITH THE CITY ATTORNEY'S OFFICE THAT

7

HE THREATENED TO KILL HER.

8

VIVIENNE SWANIGAN DIRECTED TO E-MAIL ME.

9

FEEL I'M BEING STALKED, HARASSED.

THIS IS THE MAN THAT KNOWING THAT I

MY ELDERLY PARENTS ARE AFRAID.

10

MY MOTHER

11

DIDN'T EVEN WANT TO PROVIDE ME WITH A DECLARATION, AND

12

SHE HAS NOW HAD A STROKE AND WOULDN'T BE ABLE TO TESTIFY

13

BECAUSE SHE IS AFRAID OF RETALIATION.

14

Q

ALL RIGHT.

WHAT ABOUT THE ANGER

15

MANAGEMENT CLASSES YOU WERE SUPPOSED TO BE TAKING?

16

YOU EVER DONE ANY OF THOSE?

17

A

YES, I DID ALL OF THEM.

18

Q

DO YOU HAVE SOMETHING IN WRITING?

19 20

HAD

BECAUSE THE FILE DOESN'T HAVE ANYTHING. DEPUTY CITY ATTORNEY:

YOUR HONOR, I WOULD

21

AUTHENTICATE AS AN OFFICER OF THE COURT THAT SHE DID

22

COMPLETE HER ANGER MANAGEMENT WHILE SHE WAS IN CUSTODY.

23

BY THE COURT:

24

Q

27 28

IN CUSTODY.

SO THAT WAS DONE.

HOW ABOUT THE CONTINUING COUNSELING AND

25 26

OH.

ALCOHOL EDUCATION; DID YOU DO ANY OF THAT? A RECORD ALSO.

YES.

AND THAT WAS DELETED FROM THE

I COMPLETED EVERYTHING I WAS ASKED TO.

29

1

DEPUTY CITY ATTORNEY:

YOUR HONOR, THE ONE THING

2

THAT WASN'T -- I HAVE A SENTENCING MEMORANDUM, THE

3

TRANSCRIPT OF THE SENTENCING WHICH IT WAS PROVIDED TO

4

THE COURT, THE ACTUAL TRANSCRIPT OF THE HEARING.

5

THE COURT:

WHAT DOES IT SAY?

6

DEPUTY CITY ATTORNEY:

AND IT SAYS ON PAGE -- ON

7

PAGE 638, WHICH I KNOW MS. LYNCH HAS A COPY OF, THAT SHE

8

WILL BE REQUIRED AS PART OF THIS PROBATION TO UNDERGO A

9

MENTAL HEALTH EVALUATION AT THAT POINT, MEANING WHEN SHE

10

GETS OUT OF JAIL, AT WHICH TIME THE COURT WILL CONSIDER

11

WHATEVER RECOMMENDATIONS THE COUNSELOR HAS FOR FURTHER

12

PSYCHIATRIC COUNSELING AS PART OF THE PROBATION.

13

IT'S THE PEOPLE'S POSITION THAT UNDER

14

653(M), WHEN THERE IS A MULTITUDE AND MORE THAN ONE ACT

15

OF THIS TYPE OF INCIDENT, THAT THE COURT MAY ORDER SUCH

16

EVALUATION TO BE DONE.

17

PSYCHIATRIC EVALUATION.

18

I KNOW MS. LYNCH HAS NOT HAD A

AND IT'S THE PEOPLE'S POSITION THAT THIS

19

ONGOING CONSPIRACY THEORY THAT SHE HAS BETWEEN MEMBERS

20

OF MY OFFICE, INCLUDING SANDRA JO STREETER WHO WAS

21

MERELY THE TRIAL ATTORNEY IN THIS MATTER, AND VIVIENNE

22

SWANIGAN, WHO MOSTLY ARE ACTING WITHIN THE COURSE AND

23

SCOPE OF THEIR JOB SHOULD BE TAKEN INTO CONSIDERATION.

24

THE COURT:

ALL RIGHT.

BEFORE WE GO ANY FURTHER

25

INTO THAT KIND OF STUFF, DO YOU HAVE A WITNESS THAT YOU

26

WANT TO PUT FORTH?

27

THE DEFENDANT:

28

THE COURT:

I DO.

I HAVE PAULETTE BRANDT.

WHAT IS SHE GOING TO TESTIFY TO?

30

1 2

THE DEFENDANT: TO TESTIFY --

3

THE COURT:

4

THE DEFENDANT:

5

THE COURT:

6

THE DEFENDANT:

7 8 9 10

WELL, PAULETTE BRANDT WAS GOING

WHO IS SHE? THAT IS MY ROOMMATE.

MS. BRANDT. I ALSO JUST WANTED TO SAY IN

RESPONSE TO WHAT THE DEPUTY CITY ATTORNEY -THE COURT:

I'M ASKING ABOUT MS. BRANDT, WHAT IS

IT THAT MS. BRANDT IS GOING TO TELL US? THE DEFENDANT:

WELL, MS. BRANDT HAS BEEN A

11

RECIPIENT OF THE E-MAILS AS WELL.

12

RECIPIENT OF THIS CAMPAIGN OF HARASSMENT.

13

THE COURT:

ALL RIGHT.

14

THE DEFENDANT:

15

THE COURT:

WHAT SHE'S GOT TO SAY.

17

ENLIGHTENING.

19

SO SHE'S YOUR ROOMMATE?

YES, SHE IS MY ROOMMATE.

LET'S CALL HER TO THE STAND AND SEE

16

18

AND SHE HAS BEEN A

MAYBE SHE'LL BE A LITTLE MORE

STAND HERE BEHIND THE REPORTER AND BE SWORN IN, MS. BRANDT, PLEASE.

RIGHT THERE IS GOOD.

20 21

PAULETTE BRANDT ELLIOTT,

22

CALLED AS A WITNESS BY THE DEFENSE, WAS SWORN AND

23

TESTIFIED AS FOLLOWS:

24 25 26

THE CLERK:

PLEASE RAISE YOUR RIGHT HAND.

DO YOU SOLEMNLY STATE THAT THE TESTIMONY

27

YOU MAY GIVE IN THE CAUSE NOW PENDING BEFORE THIS COURT,

28

SHALL BE THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE

31

1

TRUTH, SO HELP YOU GOD?

2

THE WITNESS:

3

THE CLERK:

4

THE WITNESS:

5

YES, I DO. STATE YOUR FIRST AND LAST NAME. MY NAME IS PAULETTE BRANDT

ELLIOTT.

6

THE COURT:

7

THE WITNESS:

8

THE COURT:

9

THE WITNESS:

10

IS THAT B-R-A-N-D-T? CORRECT. AND THEN ELLIOTT?

THE COURT:

E-L-L-I-O-T-T. ALL RIGHT.

GO AHEAD, MS. KELLEY,

11

YOU MAY -- MS. LYNCH.

I'M SORRY.

MS. LYNCH, YOU MAY

12

ASK QUESTIONS OF MS. BRANDT ELLIOTT.

13 DIRECT EXAMINATION

14 15

BY THE DEFENDANT:

16

Q

PAULETTE, WHAT DO YOU DO FOR A LIVING?

17

OR COULD YOU TELL US WHAT YOUR HISTORY IS AND HOW I KNOW

18

YOU?

19

A

I HAVE BEEN A PERSONAL ASSISTANT TO

20

CELEBRITIES AND I'VE WORKED WITH COLUMBIA PICTURES.

21

I'VE BEEN AN ACCOUNTANT AS WELL FOR COLUMBIA PICTURES.

22

AND KELLEY AND I MET THROUGH MUTUAL FRIENDS.

23

KELLEY WAS WORKING FOR -- I WAS SHOCKED.

24

THE COURT:

25

THE WITNESS:

26

THE COURT:

27

BY THE DEFENDANT:

28

Q

AND WHEN

HOW LONG HAVE YOU KNOWN MS. LYNCH? OVER 20 YEARS. ALL RIGHT.

THANK YOU.

GO AHEAD.

AND YOU WERE PHIL SPECTOR'S ASSISTANT; IS

32

1

THAT CORRECT, PAULETTE?

2

A

YES, THAT'S CORRECT.

3

Q

FOR HOW MANY YEARS?

4

A

ALL TOGETHER, ABOUT SEVENTEEN.

5 6 7

ELEVEN

STRAIGHT THE LAST TIME. Q

AND WE DID WORK TOGETHER AT TIMES WHEN I

WAS LEONARD COHEN'S PERSONAL MANAGER; IS THAT CORRECT?

8

A

THAT'S CORRECT.

9

Q

SO COULD YOU JUST EXPLAIN BRIEFLY WHAT

10

YOU FEEL HAS GONE ON WITH THESE E-MAILS THAT BEGAN ON

11

NOVEMBER 20TH, 2012, WHEN GIANELLI WROTE TO SANDRA JO

12

STREETER ABOUT ME?

13 14

DEPUTY CITY ATTORNEY:

OBJECTION, YOUR HONOR.

THERE HAS BEEN NO E-MAILS PRESENTED TO ESTABLISH THAT --

15 DIRECT EXAMINATION

16 17 18

BY THE COURT: Q

MS. BRANDT, DID YOU SEE ANY OF THE

19 20

LET'S JUST MAKE IT EASY.

E-MAILS THAT MS. LYNCH IS TALKING ABOUT?

21

A

22

FROM THIS PERSON.

23

Q

24

ABSOLUTELY.

I STARTED GETTING E-MAILS

I NEVER HAVE MET --

SO YOU WERE GETTING E-MAILS AND SHE WAS

GETTING E-MAILS FROM A GENTLEMAN BY THE NAME OF WHAT?

25

A

STEPHEN GIANELLI.

26

Q

MR. GIANELLI.

27 28

UP NORTH AT THE TIME? A

NO.

AND YOU GUYS WERE LIVING

33

1

Q

THIS WAS HERE?

2

A

HOLLYWOOD, YES.

3

Q

OKAY.

4

A

AND AS SOON AS KELLEY --

5

Q

DID YOU EVER GET ANY E-MAILS FROM

6

MS. STREETER?

7

A

NOT FROM MS. STREETER, NO.

8

Q

DID YOU GET ANY E-MAILS FROM

9

MS. SWANIGAN?

10

A

I DIDN'T, NO, BUT I HAVE SEEN THEM.

11

Q

SO ALL THE E-MAILS THAT YOU GOT OR SAW

12

FROM MS. LYNCH CAME FROM MR. GIANELLI?

13

A

I SAW THESE E-MAILS.

14

Q

THAT'S CORRECT. NOW, DID -- OTHER THAN MS. LYNCH, DID

15 16

ANYBODY ELSE CONFIRM THAT MS. STREETER WAS IN A

17

CONSPIRACY WITH MR. GIANELLI TO HARASS MS. LYNCH AND

18

YOU? A

19 20

I SAW E-MAILS FROM VIVIENNE SWANIGAN TO

STEPHEN GIANELLI DIRECTING HIM TO HARASS KELLEY LYNCH.

21

Q

YOU SAW THOSE?

22

A

YES, I HAVE SEEN THEM.

23

Q

DO YOU HAVE THEM?

24

A

I HAVE THEM ON MY COMPUTER.

25

THE DEFENDANT:

I HAVE ATTACHED IT AS EVIDENCE,

26

YOUR HONOR, TO THE DOCUMENTS FILED ON DECEMBER 9TH, I

27

BELIEVE.

28

MOTION.

AFTER I DISCOVERED IT, TOGETHER WITH THE BRADY

34

1

THE COURT:

I'VE GOT SO MUCH STUFF HERE.

YOU

2

HAVE SOMETHING IN YOUR HAND THAT YOU CAN GET TO REAL

3

QUICK?

4

THE DEFENDANT:

NO, I DON'T.

NO, I DON'T.

BUT,

5

YOUR HONOR, I HAVE NOT ALLEGED THAT SANDRA JO STREETER

6

WAS IN A CONSPIRACY TO HARASS ME WITH STEPHEN GIANELLI.

7

THE COURT:

8

THE DEFENDANT:

9

Q

OKAY.

BUT YOU NEVER RECEIVED ANY E-MAILS

DIRECTLY FROM MS. STREETER OR MS. SWANIGAN, CORRECT?

12

A

13

THE COURT:

14

NEVERMIND THAT THEN.

BY THE COURT:

10 11

ALL RIGHT.

NOT FROM THEM.

FROM MR. GIANELLI I DID.

WHAT ELSE DO YOU WANT TO KNOW FROM

HER?

15 DIRECT EXAMINATION (CONTINUED)

16 17

BY THE DEFENDANT:

18

Q

AND DID YOU ACTUALLY FILE COMPLAINTS WITH

19

THE CITY ATTORNEY'S OFFICE REGARDING STEPHEN GIANELLI'S

20

COMMUNICATIONS TO YOU WITH THEIR OFFICE COPIED IN?

21

A

YES, I DID.

22

Q

AND DID YOU LET THEM KNOW THAT YOU

23

RECEIVED A DEATH THREAT?

24

A

YES, I DID.

25

Q

AND WHAT DID STEPHEN GIANELLI SAY TO YOU

26 27 28

IN THAT DEATH THREAT? DEPUTY CITY ATTORNEY: YOUR HONOR.

OBJECTION; IRRELEVANT,

35

THE COURT:

1

MS. LYNCH, AT THIS POINT WE HAVEN'T

2

REALLY MADE A CONNECTION BETWEEN MR. GIANELLI AND THE

3

CITY ATTORNEY'S OFFICE.

4

OR MS. STREETER. THE DEFENDANT:

5

MORE SPECIFICALLY, MS. SWANIGAN

WELL, THERE IS THE E-MAIL THAT I

6

ENTERED INTO EVIDENCE WITH MS. SWANIGAN DIRECTING HIM TO

7

E-MAIL ME AND TO COMMUNICATE INFORMATION FROM HER TO ME.

8

AND I FILED A BRADY MOTION BECAUSE I FEEL THAT I AM

9

ENTITLED TO WHATEVER E-MAILS -- OTHER E-MAILS EXIST

10

BETWEEN THE TWO OF THEM.

11 DIRECT EXAMINATION (CONTINUED)

12 13

BY THE COURT: Q

14 15

SO YOU FILE A COMPLAINT.

TO THAT COMPLAINT?

16

A

NOTHING.

17

Q

OKAY.

18

WHAT HAPPENED

DID YOU GO SEE A DIFFERENT AGENCY,

DID YOU GO SEE THE POLICE?

19

A

WE CALLED THEM.

20

Q

YOU SPOKE TO L.A.P.D.?

21

A

IS THAT --

22

THE DEFENDANT:

23

RIGHT?

24

BY THE COURT:

BUT NO -- I'VE CALLED.

THE THREAT MANAGEMENT UNIT,

25

Q

DID YOU TALK TO L.A.P.D.?

26

A

THE THREAT MANAGEMENT UNIT OF THE

Q

AND WHAT DID THEY THINK ABOUT YOUR

27 28

L.A.P.D.

36

1

ALLEGATION? A

2

WELL, I KNOW NOTHING HAS HAPPENED.

3

EXCEPT THAT I DON'T KNOW THAT MAN IS NOT OUTSIDE MY

4

HOUSE AND GOING TO KILL ME. Q

THEY WEREN'T TAKING YOU SERIOUSLY, I

7

A

I GUESS NOT.

8

Q

DID YOU HIRE A PRIVATE ATTORNEY TO

5 6

9

GUESS?

REPRESENT YOU IN THIS ISSUE? A

10 11

THAT. THE DEFENDANT:

12 13

I'M NOT IN A FINANCIAL POSITION TO DO

SHE DID SPEAK WITH MY ATTORNEY,

FRANCISCO SUAREZ. THE COURT:

14

YOU DON'T HAVE AN ATTORNEY IN FRONT

15

OF ME, SO THAT DOESN'T MATTER.

16

THE DEFENDANT:

NO, BUT WE'RE -- AND I DID SPEAK

17

TO INVESTIGATOR WILLIAM FREYA [PH] FROM THE D.A.'S

18

OFFICE. THE COURT:

19

WHAT ELSE DO YOU NEED TO KNOW?

I

20

DON'T THINK MS. BRANDT HAS GIVEN ME ANYTHING I NEED TO

21

HEAR.

22 23

THE DEFENDANT:

WELL, ONE THING THAT MS. BRANDT

CAN TESTIFY TO IS THAT SHE --

24 DIRECT EXAMINATION (CONTINUED)

25 26

BY THE DEFENDANT:

27

Q

28

PAULETTE, HOW MANY TIMES HAVE YOU BEEN

TOLD IN THE PAST TWO MONTHS THAT THE BOULDER, COLORADO

37

1

RESTRAINING ORDER I VIOLATED EXPIRED --

2

A

EXPIRED FEBRUARY 15TH, 2009.

3

Q

HOW MANY TIMES HAVE YOU BEEN TOLD THAT

5

A

I RECALL TWICE.

6

DEPUTY CITY ATTORNEY:

7

THE COURT:

4

8 9

NOW?

WHAT ARE WE TALKING ABOUT?

OH, YOU MEAN -- YOU'RE TALKING ABOUT THE INITIAL CONVICTION?

10

THE DEFENDANT:

11

THE COURT:

12

THE DEFENDANT:

13 14 15 16 17 18

IT'S IRRELEVANT TO --

NO, BUT -- NO.

IS THAT WHAT YOU'RE TALKING ABOUT? VIVIENNE SWANIGAN JUST TESTIFIED

THAT I DON'T OBEY ORDERS. THE COURT:

ARE YOU TALKING ABOUT THE INITIAL

RESTRAINING ORDER THAT RESULTED IN YOUR CONVICTION? THE DEFENDANT:

I'M TALKING ABOUT VIVIENNE

SWANIGAN JUST SAID I DON'T OBEY ORDERS. THE COURT:

ALL RIGHT.

BECAUSE YOU'RE NOT A

19

LAWYER, YOU DON'T KNOW WHAT'S IMPORTANT TO ME IN

20

DECIDING WHETHER YOU'RE IN VIOLATION OR NOT AND, YOU

21

KNOW, THE YOUNG LADY IS PUTTING OUT A STATEMENT WHICH

22

MEANS NOTHING TO ME.

23

APPARENTLY SHE DOESN'T LIKE TO VIOLATE ORDERS CLEARLY,

24

THAT'S AN OPINION.

25

SO I DON'T REALLY CARE.

26

OKAY?

SHE JUST SAID, WELL,

IT'S NOT NECESSARILY IN MY OPINION,

THAT IS NOT A VERY IMPORTANT ISSUE,

27

ESPECIALLY WHEN THE FACT IS, WHETHER OR NOT THAT

28

RESTRAINING ORDER HAS EXPIRED, WE DON'T REALLY CARE.

38

1

BECAUSE YOU'RE HERE ON A CONVICTION THAT RESULTED IN YOU

2

BEING ON PROBATION.

3

YOU HAVEN'T -- OR THAT OLD RESTRAINING ORDER HAS

4

EXPIRED, THAT DOESN'T -- THAT DOESN'T CHANGE ANYTHING

5

HERE.

THAT'S ALL WE'RE WORRIED ABOUT.

ALL RIGHT?

6

THE DEFENDANT:

7

THE COURT:

8

THE DEFENDANT:

9 10

ANYTHING ELSE? WELL, CAN PAULETTE EXPLAIN WHAT

SHE FEELS WHY I SENT THE E-MAILS? TO IT ALL.

SENDING E-MAILS.

YOU'VE ALREADY TOLD ME WHY YOU WERE I DON'T NEED HER --

THE DEFENDANT:

13

BECAUSE SHE'S PRIVY

OR, YOU KNOW, WHAT SHE'S WITNESSED.

THE COURT:

11 12

ALL RIGHT, SIR.

WELL, PEOPLE ARE BEING TERRIFIED

14

AND PAULETTE IS ONE OF THEM.

15

YOU KNOW, MY CHILDREN ARE COPIED IN HERE.

16

BOTH BEEN SUICIDAL AND I THINK THAT'S A VERY SERIOUS

17

MATTER. THE COURT:

18 19

OFFER ANY RELEVANT INFORMATION HERE. THE DEFENDANT:

21

THE COURT:

25 26 27 28

OKAY.

THANK YOU.

OKAY.

22

24

THEY HAVE

I DON'T THINK MS. BRANDT IS GOING TO

20

23

I THINK IT'S RELEVANT.

YOU MAY STEP DOWN.

YOU'RE DONE WITH YOUR WITNESSES,

CORRECT? THE DEFENDANT:

YES.

WELL, YOU DON'T ACCEPT

TELEPHONE WITNESSES? THE COURT:

NO.

I'M NOT GOING TO SIT HERE ON

THE PHONE TALKING TO SOMEBODY. ALL RIGHT.

THANK YOU.

SO PEOPLE, YOU MAY ARGUE.

39

1

DEPUTY CITY ATTORNEY:

2

THE DEFENDANT:

3

ARE YOU GOING TO HEAR THE BRADY

MOTION OR NO?

4

THE COURT:

5

HEARING RIGHT NOW.

6

VIOLATION OF PROBATION OR NOT.

7

MAKE A DECISION.

8 9 10 11 12

THANK YOU.

I'M NOT -- I'M HEARING A P.V. AND I'M DECIDING WHETHER YOU'RE IN

DEPUTY CITY ATTORNEY:

AND THEN WE'RE GOING TO

YOUR HONOR, DOES THE

COURT WISH TO HEAR FURTHER TESTIMONY FROM MS. SWANIGAN REGARDING -THE COURT:

I DON'T NEED TO HEAR MS. SWANIGAN.

SHE MADE CLEAR WHAT'S BEEN GOING ON.

13

DEPUTY CITY ATTORNEY:

14

THE COURT:

15

DEPUTY CITY ATTORNEY:

OKAY.

GO AHEAD. THE PEOPLE'S POSITION IS

16

THAT WHEN MERELY SIX WEEKS AFTER MS. LYNCH WAS RELEASED

17

FROM CUSTODY, SHE STARTED E-MAILING SANDRA JO STREETER.

18

AND REGARDLESS OF WHAT TRIGGERED HER -- HER ISSUING

19

THOSE E-MAILS, YOUR HONOR, THEY WERE VERY NASTY.

20

COURT LOOKS THROUGH THEM, THEY ARE CALLING MS. STREETER

21

A LIAR, A WHORE.

22

IF THE

CONSTANTLY DEFAMING HER.

THEN THEY GOT THREATENING IN FEBRUARY OF

23

2013, AND THAT'S WHEN THREAT MANAGEMENT AND L.A.P.D.

24

CAME AND STARTED SPEAKING TO MS. LYNCH.

25

DIRECTING THE E-MAILS TO MS. STREETER, BUT CONTINUED TO

26

HAVE THIS DIATRIBE OF E-MAILS WITH -- LISTING ALL THESE

27

DIFFERENT PEOPLE, NONE OF WHICH OF THESE PEOPLE, ANY OF

28

THE CITY ATTORNEYS WOULD KNOW WHO THEY ARE WITHOUT HER

SHE STOPPED

40

1

INTRODUCING THEM THROUGH THIS LONG LIST OF 30-PLUS

2

E-MAILS.

AND IT GOES ON. YOUR HONOR, I HAVE, AS THE COURT IS WELL

3 4

AWARE, I HAVE PROBABLY IN EXCESS OF -- EXCESS OF 40

5

EXHIBITS THAT ARE PROVIDED TO THE COURT.

6

IS A STARTING E-MAIL FROM KELLEY LYNCH TO A MYRIAD OF

7

PEOPLE, NONE OF WHOM THE CITY ATTORNEY'S OFFICE CONTROLS

8

OR KNOWS WHO THEY ARE OTHER THAN THE NAMED CITY

9

OFFICIALS.

EACH OF THEM

SHE IS WRITING ABOUT AND REHASHING THE

10 11

UNDERLYING FACTS AND CIRCUMSTANCES AND OTHER FACTS AND

12

CIRCUMSTANCES AND LAWSUITS THAT SHE HAS WITH THE VICTIM

13

IN THE UNDERLYING CASE.

14

CARE ABOUT THE LETTER OF THE LAW.

15

E-MAIL UNTIL OCTOBER 13TH, 2013, MERELY THREE MONTHS AGO

16

THE CITY ATTORNEY'S OFFICE.

IT IS CLEAR THAT SHE DOES NOT SHE HAS CONTINUED TO

SHE HAS NEVER GONE TO A POLICE STATION TO

17 18

FILE A POLICE REPORT, WHICH IS THE PROTOCOL.

19

NEVER GONE TO THE F.B.I. TO FILE A PROTOCOL -- TO FILE A

20

COMPLAINT, WHICH WOULD BE THE PROTOCOL.

21 22

THE DEFENDANT:

25

WELL, THE F.B.I. DIDN'T TELL ME

TO DO THAT. THE COURT:

23 24

SHE HAS

RELAX, MS. LYNCH, YOU'LL GET YOUR

CHANCE. DEPUTY CITY ATTORNEY:

AND AS SUCH, SHE

26

DISREGARDS ANY ORDERS OF THE COURT AND THERE IS JUST

27

NOTHING TO BE DONE WITH HER OTHER THAN TO VIOLATE HER

28

PROBATION.

41

THE COURT:

1

ALL RIGHT.

THANK YOU.

MS. LYNCH, YOU MAY ARGUE.

2

THE DEFENDANT:

3

WELL, I DON'T BELIEVE THAT I

4

WON'T LISTEN TO THE LETTER OF THE LAW OR OBEY IT.

5

THINK THE LETTER OF THE LAW STATES THAT I MAY ADDRESS

6

GRIEVANCES.

7

PROVES IN DECEMBER OF 2013 THAT THEY ARE CAPABLE OF

8

DOING WHAT I REQUESTED FROM DAY ONE WHEN THIS CAMPAIGN

9

BEGAN.

10

THESE WERE ONGOING.

I

THE CITY ATTORNEY

TO ADVISE THE MAN TO CEASE AND DESIST OR TELL

HIM THE E-MAILS ARE UNWANTED.

AND THEY DID NOT DO THAT.

I FEEL AS THOUGH CRIMES WERE COMMITTED

11 12

THAT WERE REPORTED TO THEM.

THIRD PARTY RESTRAINING

13

ORDER VIOLATIONS OF LEONARD COHEN'S LAWYER.

14

WANT TO BE COPIED IN WITH LEONARD COHEN'S LAWYER WHO HAS

15

A RESTRAINING ORDER AGAINST ME.

I DON'T

OTHER ISSUES RELATING TO MY BEING PRO

16 17

PER.

18

PROCEEDING.

19

TERRORIZED OVER THIS SITUATION.

20

RIGHT AND SOUGHT LEGAL ADVICE ABOUT THAT -- TO REFUTE

21

SLANDER.

22

MAN TO REMOVE ME FROM THE E-MAILS COPIED TO THEM -- THIS

23

IS MY PROSECUTOR -- THAT I DID NOT WANT TO BE INVOLVED

24

WITH.

25

IGNORING THE FACT THAT I PLACED PHONE CALLS ASKING THAT

26

THEY TRY TO STOP THIS.

27 28

I AM PRO PER IN A WRIT OF HABEAS CORPUS AND I FEEL THAT MY FAMILY AND I HAVE BEEN AND THAT I HAVE A LEGAL

TO ASK THE CITY ATTORNEY TO PLEASE ASK THIS

I CALLED -- THE DEPUTY CITY ATTORNEY SEEMS TO BE

AND IN FACT, I CONTACTED, AT L.A. SUPERIOR COURT'S SUGGESTION, SOMEONE HERE, WILL RIVERA,

42

1

STREETER'S SUPERVISOR, ABOUT MISCONDUCT THAT HAD TAKEN

2

PLACE THROUGHOUT MY TRIAL.

I THINK IT'S SAFE TO SAY SHE

3

LIED ABOUT ME TO THE JURY.

AND I ALSO FEEL THAT

4

BRINGING PERJURY AND FACTUAL INFORMATION WHEN I'M PRO

5

PER TO THE PROSECUTOR WAS ACCEPTABLE.

6

ATTORNEY ASSURED ME THAT EVERYTHING I DID WAS

7

ACCEPTABLE.

AND NOBODY SAID, DON'T CONTACT US. I WAS THREATENED ONCE WHEN I CALLED WILL

8 9

AND MY APPELLATE

RIVERA.

THEY TOLD ME IF I CALLED BACK, EVEN IF IT WAS I

10

WAS FILING A COMPLAINT, THAT L.A. SUPERIOR COURT TOLD ME

11

TO, THEY WOULD PROSECUTE ME FOR A LEGITIMATE COMPLAINT

12

ABOUT MISCONDUCT ON THE PART OF MY PROSECUTOR. AND I FELT THAT -- MY APPELLATE ATTORNEY

13 14

FELT HER CALL TO L.A.P.D. WAS TANTAMOUNT TO CRIMINAL

15

OBSTRUCTION OF JUSTICE, SAYING THAT SHE WAS THREATENED

16

BY ME OVER THIS DRONE CARD.

17

WE DISCUSSED IT, AND HE ADVISED ME TO ABANDON MY APPEAL

18

OVER THE SITUATION SO THAT I WOULDN'T BE EXPOSED TO ANY

19

TYPE OF FURTHER MISCONDUCT OR RETALIATION.

20

MY PERSPECTIVE AND THIS IS WHAT I FELT I WAS DEALING

21

WITH. DEPUTY CITY ATTORNEY:

22 23 24

THAT IS WHAT HE TOLD ME.

SO THIS IS

MAY I RESPOND, YOUR

HONOR? THE COURT:

NO.

25

ALL RIGHT.

26

THE COURT HAS HEARD THE TESTIMONY OF

27 28

THANK YOU.

WITNESSES, ARGUMENTS OF COUNSEL. THE COURT FINDS THAT MS. LYNCH VIOLATED

43

1

HER PROBATION IN THAT SHE WAS TO OBEY ALL LAWS, AND THAT

2

SHE WENT INTO A PERIOD OF HARASSING E-MAILS TO THE CITY

3

ATTORNEY'S OFFICE.

4

AND FOR THAT VIOLATION, SHE'S GIVEN 180 DAYS IN COUNTY

5

JAIL.

AND THAT'S FORTHWITH.

6 7

PROBATIONS WILL ALL TERMINATE UPON COMPLETION OF THE JAIL TIME.

8 9 10 11

THE COURT FINDS HER IN VIOLATION.

TAKE HER IN. THE DEFENDANT:

THANK YOU.

COULD I GIVE MY PAPERS TO MY

ROOMMATE? THE COURT:

YES.

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(WHEREUPON PROCEEDINGS WERE CONCLUDED.)

1

SUPERIOR COURT OF THE STATE OF CALIFORNIA

2

FOR THE COUNTY OF LOS ANGELES

3

DEPARTMENT NO. 40

4

THE PEOPLE OF THE STATE OF CALIFORNIA, ) ) PLAINTIFF, ) )SUPERIOR COURT -VS)NO. 2CA04539 ) ) ) 01) KELLEY LYNCH, ) )REPORTER'S DEFENDANT. )CERTIFICATE _______________________________________)

5 6 7 8 9

HON. HENRY BARELA, JUDGE

10 11 12 13

I, CYNTHIA A. ROMERO, CSR NO. 7861,

14

OFFICIAL REPORTER OF THE SUPERIOR COURT OF THE STATE

15

OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, DO HEREBY

16

CERTIFY THAT THE FOREGOING PAGES 1 THROUGH 43,

17

INCLUSIVE, COMPRISE A FULL, TRUE, AND CORRECT TRANSCRIPT

18

OF THE PROCEEDINGS HELD IN THE ABOVE-ENTITLED MATTER ON

19

JANUARY 22, 2014.

20 21

EXECUTED THIS 26TH DAY OF SEPTEMBER, 2016.

22 23 24 25 26 27

____________________________________

28

CYNTHIA A. ROMERO, OFFICIAL REPORTER