Petition for Emergency Suspension
IN THE SUPREME COURT OF FLORIDA
THE FLORIDA BAR, Supreme Court Case No. SC Petitioner, The Florida Bar File Nos. v. 2015-31,089(09D)(CES); 2015-30,334(09D); LINDA DAWN HADAD, 2015-30,538(09D); 2015-30,592(09D); Respondent. 2015-30,963(09D); 2015-31,021(09D); 2015-31,022(09D). ______/
PETITION FOR EMERGENCY SUSPENSION
This petition of The Florida Bar seeks emergency relief and requires the immediate attention of the Court pursuant to R. Regulating Fla. Bar 3-5.2. The
Florida Bar seeks the emergency suspension of Linda Dawn Hadad, Attorney No.
542571, from the practice of law in Florida based on facts that establish clearly and convincingly that Linda Dawn Hadad appears to be causing great public harm as will be shown by facts supported by the transcripts of Ms. Hadad’s deposition taken in April 2015, the affidavits of: Staff Investigator Shirley Coleman; The
Honorable Terence Robert Perkins, Chief Judge of the Seventh Judicial Circuit;
The Honorable Leah Ransbottom Case, Seventh Judicial Circuit Judge; and the sworn Florida Bar Inquiry Complaint Forms submitted by Rebecca Buchanan,
1 Danica Veira, Jeffrey Scott Addington, Johnny Estevez, and Trizell Johnson, all of which are attached hereto as Exhibits A through J.
1. The filing of this Petition for Emergency Suspension has been authorized by the Executive Director of The Florida Bar.
2. Respondent, Linda Dawn Hadad, is and at all times hereinafter mentioned, was a member of The Florida Bar and subject to the jurisdiction and disciplinary rules of the Supreme Court of Florida.
3. Respondent is currently the subject of bar disciplinary matters which have been assigned the above-referenced The Florida Bar file numbers.
4. The bar's investigation of this matter has indicated that respondent has engaged in an ongoing pattern of behavior which presents a threat to the judicial system and her clients. The misconduct in question includes but is not limited to: engaging in illegal drug use six months prior to respondent’s deposition taken in
April 2015, engaging in illegal drug activities with her clients, engaging in sexual conduct with her clients, failing to timely appear for court hearings in May 2015 and June 2015, closing her office without informing her clients, and failing to respond to the bar.
THE FLORIDA BAR FILE NO. 2015-30,334(09D)
5. The Ninth Judicial Circuit Grievance Committee D found probable cause pursuant to Rule 3-7.4, of the Rules Regulating The Florida Bar.
2 6. Respondent’s deposition was taken in connection with the bar’s investigation on April 1, 2015 and continued on April 16, 2015. Attached hereto and incorporated herein are the transcripts of Respondent’s deposition as Exhibits
A and B respectively.
7. During her deposition respondent admitted to use of the following illegal drugs: powder cocaine, ecstasy, marijuana, crack cocaine, meth, and acid.
Respondent also admitted to using the prescription drugs Xanax, Adderall, oxycodone and Lortabs for which she had no prescription. See Ex. A, pp. 18-25.
See Ex. B, pp. 21-24.
8. Respondent admitted to taking Oxycodone or Lortabs six months prior to the date of the deposition without a prescription. See Ex. B, pp. 23-24.
9. Respondent also admitted in her deposition to illegal drug use with clients. See Ex. B, pp. 64-66, 110.
10. Respondent had inappropriate intimate relationships with inmates housed at the Volusia County Jail while she was representing them. Respondent used her attorney access to have personal visits with Steven Sullivan and Brandon
Carson, two inmates with whom she had intimate relationships. See Ex. B, pp. 37-
38.
3 11. Respondent admitted during her deposition that during one of her attorney visits at the Volusia County Jail, she and Brandon Carson kissed. See Ex.
B, p. 43.
12. The warden of the jail restricted respondent’s access to the attorney visitation area due to the concern regarding respondent’s relationships with the inmates. This restriction allows for no physical contact between respondent and the inmates. See. Ex. C.
13. Respondent engaged in inappropriate phone calls with inmates housed at the jail. The phone calls, which were routinely recorded by the jail, included, but were not limited to, repeated discussions of a sexual nature and phone sex. See
Ex. B, pp. 113-115. Respondent also discussed the purchase and use of drugs with her clients, the inmates. See Ex. B., pp. 107-110.
14. During one phone call, respondent contacted or attempted to contact a domestic violence victim on a case for an inmate where a no contact order was in place. Respondent sought to ascertain whether the victim would drop the domestic violence charge. Respondent’s attempted contact with the victim was a clear violation of the court’s order.
15. In another phone call, respondent advised a friend, and later client, to illegally switch plates on a rental car to avoid being stopped by the police.
4 16. During her deposition, respondent also admitted to renting cars for this same client/friend in exchange for drugs. See Ex. B, pp. 47-48.
17. Several of the phone calls involved respondent discussing other clients’ or potential clients’ cases with Steven Sullivan and Brandon Carson.
18. Respondent repeatedly attempted to circumvent the jail’s rules.
19. Respondent admitted during her deposition to placing money into the commissary account of her client, Brian Gall, for use by her inmate boyfriend,
Steven Sullivan, who was in lockdown and thus not allowed to purchase items.
See Ex. B, p. 5.
20. Additionally, respondent admitted during her deposition to placing money into the commissary accounts of several inmates while representing them.
See Ex. B, pp. 123-124.
21. Respondent went to the jail with the intention of obtaining a food stamp card from an inmate’s property that did not belong to her for her personal use and/or the use of another inmate. However, when respondent went to the jail to obtain the card from the inmates property, the card was not there. See Ex. B, pp.
102-104.
22. On or about September 4, 2013, respondent filed a Motion to Modify
Sentence and/or Revoke Probation with the court regarding the release of Mr.
Sullivan. When respondent filed the motion, respondent was not the attorney of
5 record on the case. Mr. Sullivan had counsel and respondent did not consult with
Mr. Sullivan’s counsel prior to filing the motion with the court.
THE FLORIDA BAR FILE NO. 2015-31,089(09D)(CES)
23. On May 26, 2015, respondent failed to appear at a jury selection in a domestic violence battery case before the Honorable Steven Charles Henderson.
Respondent filed a motion for continuance in which the judge and the prosecution saw for the first time the morning of jury selection. However, the judge had not continued the case and would not have granted respondent’s motion had she been present. Attached hereto and incorporated herein is The Florida Bar Staff
Investigator Shirley Coleman’s affidavit as Exhibit C.
24. At Judge Henderson’s direction, his judicial assistant attempted to contact respondent. His judicial assistant left numerous voicemails for respondent and did not receive a return phone call. The judicial assistant also sent respondent at least two e-mails and has not gotten a response.
25. The Honorable Terence Robert Perkins, Chief Judge of the Seventh
Judicial Circuit has advised that respondent’s conduct and inattention to her cases and clients not only deprives her clients of reasonable representation but hampers the Court’s ability to effectively and efficiently deal with its docket. Attached hereto and incorporated herein is Judge Perkins’s affidavit as Exhibit D.
6 26. Respondent has also repeatedly failed to appear for docket soundings before The Honorable Leah Ransbottom Case. When respondent does appear, she is always late. Attached hereto and incorporated herein is Judge Case’s affidavit as
Exhibit E.
27. Judge Case had previously addressed respondent’s behavior with her and the judge has not seen a change in respondent’s behavior.
THE FLORIDA BAR FILE NOS. 2015-30,963(09D), 2015-31,021(09D), AND 2015-31,022(09D)
28. Respondent neglected the criminal cases of her clients, Arthur Patrick
Mansfield, Willie B. Wyche, and Jeffrey Scott Addington.
29. Respondent failed to take any action to pursue Mr. Mansfield’s termination of probation and failed to appear in his violation of probation case.
30. Mr. Wyche was left without representation during a bond hearing when respondent left the courtroom without notice and was nowhere to be found when his case was called. See Ex. C.
31. Respondent charged the full legal fee to Mr. Addington’s mother,
Ruth Ann Edward’s credit card rather than the down payment as agreed. The next day, respondent claimed there was a problem with the credit transaction and demanded the full payment. Ms. Edwards paid respondent with a check, which respondent immediately cashed at Amscot. Respondent never reversed the charge
7 despite repeatedly promising to do so. Thereafter, respondent refused to accept
Mr. Addington’s or Ms. Edwards’ phone calls. See Ex. H.
32. Respondent closed her office without notifying her clients and/or their agents of a new office location. See Ex. F and G.
33. Respondent failed to maintain adequate communication with her clients and/or their agents regarding the status of their cases. See Ex. F, G, and H.
34. On April 28, 2015 and May 20, 2015, the bar notified respondent, via
U.S. mail and e-mail at her record bar address and e-mail address, of its investigation into these matters and her obligation to respond pursuant to the Rules
Regulating The Florida Bar.
35. Respondent has failed to respond to the bar’s inquiries into these matters.
THE FLORIDA BAR FILE NOS. 2015-30,538(09D) AND 2015-30,592(09D)
36. The Ninth Judicial Circuit Grievance Committee D found probable cause pursuant to Rule 3-7.4, of the Rules Regulating The Florida Bar.
37. On or about July 20, 2014, Johnny Estevez hired respondent to represent him in a criminal matter. Respondent lacked diligence and competence in representing Mr. Estevez.
38. Respondent did not timely receive discovery from the State.
However, respondent failed to take the necessary steps to acquire the discovery.
8 She did not contact the State seeking the discovery nor did she file a motion to compel the State to provide the discovery.
39. Respondent did little to prepare for Mr. Estevez’s trial and failed to adequately communicate with him. Prior to receiving the discovery from the State, respondent took no action to prepare Mr. Estevez’s defense other than obtaining his version of events.
40. Respondent did not speak with the State’s witnesses in the case until the day of jury selection, September 29, 2014, which was the start of trial.
41. Respondent met with Mr. Estevez at the Volusia County Jail on two occasions, one of which was the date he hired her. Respondent did not meet with
Mr. Estevez again until the day of jury selection at the courthouse.
42. The State possessed a video which was potential evidence against Mr.
Estevez. Respondent failed to review the video with Mr. Estevez until a morning break in the trial, on October 3, 2014.
43. On or about February 6, 2014, Trizell Johnson hired respondent to handle criminal cases pending in Volusia County. Respondent lacked diligence and competence in representing Mr. Johnson.
44. Respondent did little to prepare for Mr. Johnson’s defense in the approximately eight months she represented him. Respondent filed no written
9 motions on his behalf. Respondent also failed to contact the State’s witness in the case.
45. Respondent failed to adequately communicate with Mr. Johnson.
Respondent also failed to provide Mr. Johnson with the discovery received in his case.
46. The State was in possession of potential audio and/or video evidence in the case. However, respondent took no steps to review the potential audio and/or video evidence against her client.
47. The enclosed transcripts of Ms. Hadad’s deposition taken on April 1,
2015 and continued on April 16, 2015, the affidavits of Staff Investigator Shirley
Coleman, The Honorable Terence Robert Perkins, Chief Judge of the Seventh
Judicial Circuit, The Honorable Leah Ransbottom Case, Seventh Judicial Circuit
Judge, and The Florida Bar Inquiry Complaint Forms submitted by Rebecca
Buchanan, Danica Veira, Jeffrey Scott Addington, Johnny Estevez, and Trizell
Johnson, are used by the bar to support this Petition for Emergency Suspension.
Wherefore, by reason of the foregoing, respondent has violated the following Rules Regulating The Florida Bar:
A. 3-4.3 The standards of professional conduct to be observed by members of the bar are not limited to the observance of rules and avoidance of prohibited acts, and the enumeration herein of certain categories of misconduct as
10 constituting grounds for discipline shall not be deemed to be all-inclusive nor shall the failure to specify any particular act of misconduct be construed as tolerance thereof. The commission by a lawyer of any act that is unlawful or contrary to honesty and justice, whether the act is committed in the course of the attorney's relations as an attorney or otherwise, whether committed within or outside the state of Florida, and whether or not the act is a felony or misdemeanor, may constitute a cause for discipline;
B. 4-1.1 A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation;
C. 4-1.2(d) A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows or reasonably should know is criminal or fraudulent. However, a lawyer may discuss the legal consequences of any proposed course of conduct with a client and may counsel or assist a client to make a good faith effort to determine the validity, scope, meaning, or application of the law;
D. 4-1.3 A lawyer shall act with reasonable diligence and promptness in representing a client;
E. 4-1.4(a) A lawyer shall: (1) promptly inform the client of any decision or circumstance with respect to which the client's informed consent, as defined in terminology, is required by these rules; (2) reasonably consult with the
11 client about the means by which the client's objectives are to be accomplished; (3) keep the client reasonably informed about the status of the matter; (4) promptly comply with reasonable requests for information; and (5) consult with the client about any relevant limitation on the lawyer's conduct when the lawyer knows or reasonably should know that the client expects assistance not permitted by the
Rules of Professional Conduct or other law;
F. 4-1.4(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation;
G. 4-1.6(a) A lawyer must not reveal information relating to representation of a client except as stated in subdivisions (b), (c), and (d), unless the client gives informed consent;
H. 4-1.7(a) Except as provided in subdivision (b), a lawyer must not represent a client if: (1) the representation of 1 client will be directly adverse to another client; or (2) there is a substantial risk that the representation of 1 or more clients will be materially limited by the lawyer's responsibilities to another client, a former client or a third person or by a personal interest of the lawyer;
I. 4-1.8(e) A lawyer shall not provide financial assistance to a client in connection with pending or contemplated litigation, except that: (1) a lawyer may advance court costs and expenses of litigation, the repayment of which
12 may be contingent on the outcome of the matter; and (2) a lawyer representing an indigent client may pay court costs and expenses of litigation on behalf of the client;
J. 4-8.4(a) A lawyer shall not violate or attempt to violate the
Rules of Professional Conduct, knowingly assist or induce another to do so, or do so through the acts of another;
K. 4-8.4(b) A lawyer shall not commit a criminal act that reflects adversely on the lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects;
L. 4-8.4(c) A lawyer shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, except that it shall not be professional misconduct for a lawyer for a criminal law enforcement agency or regulatory agency to advise others about or to supervise another in an undercover investigation, unless prohibited by law or rule, and it shall not be professional misconduct for a lawyer employed in a capacity other than as a lawyer by a criminal law enforcement agency or regulatory agency to participate in an undercover investigation, unless prohibited by law or rule;
M. 4-8.4(d) A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice, including to knowingly, or through callous indifference, disparage, humiliate, or discriminate
13 against litigants, jurors, witnesses, court personnel, or other lawyers on any basis, including, but not limited to, on account of race, ethnicity, gender, religion, national origin, disability, marital status, sexual orientation, age, socioeconomic status, employment, or physical characteristic;
N. 4-8.4(g) A lawyer shall not fail to respond, in writing, to any official inquiry by bar counsel or a disciplinary agency, as defined elsewhere in these rules, when bar counsel or the agency is conducting an investigation into the lawyer's conduct. A written response shall be made: (1) within 15 days of the date of the initial written investigative inquiry by bar counsel, grievance committee, or board of governors; (2) within 10 days of the date of any follow-up written investigative inquiries by bar counsel, grievance committee, or board of governors;
O. 4-8.4(i) A lawyer shall not engage in sexual conduct with a client or a representative of a client that exploits or adversely affects the interests of the client or the lawyer-client relationship. If the sexual conduct commenced after the lawyer-client relationship was formed it shall be presumed that the sexual conduct exploits or adversely affects the interests of the client or the lawyer-client relationship. A lawyer may rebut this presumption by proving by a preponderance of the evidence that the sexual conduct did not exploit or adversely affect the interests of the client or the lawyer-client relationship. The prohibition and presumption stated in this rule do not apply to a lawyer in the same firm as another
14 lawyer representing the client if the lawyer involved in the sexual conduct does not personally provide legal services to the client and is screened from access to the file concerning the legal representation.
WHEREFORE, based on the aforementioned facts, the bar asserts the respondent has caused, or is likely to cause, immediate and serious harm to clients and/or the public and that immediate action must be taken for the protection of the respondent's clients and the public. Therefore, pursuant to R. Regulating Fla. Bar
3-5.2, The Florida Bar respectfully requests this court to:
A. Suspend respondent from the practice of law until further order of this court.
B. Order respondent to accept no new clients from the date of this Court's order and to cease representing any clients after 30 days from the date of this
Court's order. In addition, respondent shall cease acting as personal representative for any estate, as guardian for any ward, and as trustee for any trust and will seek to withdraw from said representation within thirty days from the date of this court’s order and will immediately turn over to any successor the complete financial records of any estate, guardianship or trust upon the successor’s appointment.
C. Order respondent to furnish a copy of the suspension order to all clients, opposing counsel and courts before which Linda Dawn Hadad is counsel of
15 record as required by Rule 3-5.1(h) of the Rules of Discipline of The Florida Bar and to furnish Staff Counsel with the requisite affidavit listing all clients, opposing counsel and courts so informed within 30 days after receipt of the court's order.
D. Order respondent to refrain from withdrawing or disbursing any money from any trust account related to respondent's law practice until further order of this court, a judicial referee appointed by this court or by order of the
Circuit Court in an inventory attorney proceeding instituted under R. Regulating
Fla. Bar 1-3.8, and to deposit any fees, or other sums received in connection with the practice of law or in connection with the respondent’s employment as a personal representative, guardian or trustee, paid to the respondent after issuance of this Court's order of emergency suspension, into a specified trust account from which withdrawal may only be made in accordance with restrictions imposed by this Court. Further, respondent shall be required to notify bar counsel of The
Florida Bar of the receipt and location of said funds within 30 days of the order of emergency suspension.
E. Order respondent not withdraw any money from any trust account or other financial institution account related to respondent's law practice or transfer any ownership of any real or personal property purchased in whole or in part with funds properly belonging to clients, probate estates for which respondent served as personal representative, guardianship estates for which respondent served as
16 guardian, and trusts for which respondent served as trustee without approval of this court, a judicial referee appointed by this court or by order of the Circuit Court in an inventory attorney proceeding instituted under R. Regulating Fla. Bar 1-3.8.
F. Order respondent to notify, in writing, all banks and financial institutions where the respondent maintains an account related to the practice of law, or related to services rendered as a personal representative of an estate, or related to services rendered as a guardian, or related to services rendered as a trustee, or where respondent maintains an account that contains funds that originated from a probate estate for which respondent was personal representative, guardianship estate for which respondent was guardian, or trust for which respondent was trustee, of the provisions of this Court's order and to provide all the aforementioned banks and financial institutions with a copy of this Court's order.
Further, respondent shall be required to provide Bar Counsel with an affidavit listing each bank or financial institution respondent provided with a copy of said order.
G. Order respondent to immediately comply with and provide all documents and testimony responsive to a subpoena from The Florida Bar for trust account records and any related documents necessary for completion of a trust account audit to be conducted by The Florida Bar.
17 Respectfully submitted,
KESHARA DAVIS COWANS Bar Counsel The Florida Bar 1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050 (407) 425-5424 Florida Bar No. 43653 [email protected] [email protected]
ADRIA E. QUINTELA Staff Counsel The Florida Bar Lakeshore Plaza II, Suite 130 1300 Concord Terrace Sunrise, Florida 33323 (954) 835-0233 Florida Bar No. 897000 [email protected]
/s/ John F. Harkness, Jr. JOHN F. HARKNESS, JR. Executive Director The Florida Bar 651 East Jefferson Street Tallahassee, Florida 32399-2300 (850) 561-5600 Florida Bar No. 123390 [email protected]
18 CERTIFICATE OF SERVICE
I certify that this document has been e-filed with The Honorable John A. Tomasino, Clerk of the Supreme Court of Florida using the e-filing portal and that a copy has been furnished by United States Mail via certified mail No. 7014 2120 0003 2092 8960, return receipt requested to Linda Dawn Hadad, Respondent, whose record bar address is PO Box 366, Daytona Beach, FL 32115-0366, and via email to Keshara Davis Cowans, Bar Counsel, The Florida Bar, 1000 Legion Place, Suite 1625, Orlando, Florida 32801-1050, [email protected] and [email protected], on this 8th day of July, 2015.
ADRIA E. QUINTELA Staff Counsel
19 IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) ORIGINAL
FLORIDA BAR, The Florida Bar File Nos. 2015-30,334(9D) Complainant, 2015-30,538(9D) 2015-30,592(9D)
DAWN HADAD,
Respondent.
DEPOSITION OF
LINDA DAWN HADAD
Before RITA M. MOTT, CVR On Wednesday, April 1, 2015 Scheduled to begin at 10:00 a.m. The Daytona Beach Courthouse Office of the State Attorney 251 North Ridgewood Avenue Daytona Beach, Florida 32114-3275
Transcription requested By: Keshara Darcel Davis, Bar Counsel
cf?ita c!V1. c!V1ott, crvcR CEttijid CUtbatim J-! APPEARANCES: Keshara Darcel Davis, Bar Counsel The Florida Bar 1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050 Melissa Vickers, Grievance Committee Chair 2324 Lee Road Winter Park, Florida ALSO PRESENT: Shirley Coleman, Staff Investigator The Florida Bar Page 3 TABLE OF CONTENTS TRANSCRIPT OF PROCEEDINGS TESTIMONY OF LINDA DAWN HADAD: Examination by Ms. Vickers . .4,41,57,58 Examination by Ms. Davis 37,56,57 ERRATA SHEET .. .84 SUBSCRIPTION OF DEPONENT. .85 CERTIFICATE OF OATH . . . 86 CERTIFICATE OF REPORTER .87 INDEX OF EXHIBITS None marked Page 4 1 FOR YOUR INFORMATION 2 Within this transcript: 3 ~---" at the end of a question or answer indicates an 4 interruption; 5 \\ .. " indicates a trail-off by the speaker; 6 ~uh-huh" or ~um-hmm" indicates an affirmative sound; 7 ~Huh-uh" or ~huh-hmm" indicates a negative sound. 8 * * * * * * * * * 9 PROCEEDINGS 10 April 1, 2015 10:15 a.m. 11 WHEREUPON: 12 (Having been administered the oath by the 13 court reporter, Ms. Hadad's response follows.) 14 MS. HADAD: I do. 15 WHEREUPON: 16 LINDA DAWN HADAD 17 the Respondent herein, was called as a witness, and having 18 first been duly sworn by the court reporter, was examined, 19 and testified as follows: 20 DIRECT EXAMINATION 21 BY MS. VICKERS: 22 Q Would you please state your name for the record. 23 A Yes. It's Linda Dawn Hadad, H-a-d-a-d. 24 Q My name is Melissa Vickers. I'm an 25 investigating member with the grievance committee for The Page 5 1 Florida Bar, and we're here today in reference to three 2 different complaints. 3 A Okay. 4 Q First of all, what law school did you go to? 5 A St. Thomas. 6 Q And when did you graduate? 7 A 2001. 8 Q And did you start working right out of law 9 school? 10 A I'm thinking. I mean, there was a little bit of 11 a gap, but I began -- I'm sorry. Okay. 12 Q Okay. So let's start with after you graduated 13 college. Did you go straight to law school? 14 A No. 15 Q What did you do? 16 A Waited on tables. Goofed off. 17 Q Okay. For how many years? 18 A About two years. 19 Q And then you went to law school. 20 A Yes. 21 Q And then after law school, did you pass the bar 22 right away? 23 A Yes. I passed the first try. 24 Q And were you sworn in right away? 25 A Yes. Page 6 1 Q Okay. And then did you get a job as an attorney 2 working right away? 3 A Yeah. Within a few - I'm trying to remember. 4 Within a few months. Maybe not immediately. Probably 5 within within a year. 6 Q And where was that job? 7 A The public defender's office here in Volusia 8 County. 9 Q Okay. And how long did you work there? 10 A Let's see. I started in 2002 and stayed until 11 2013. 12 Q Okay. And 13 A Till '13. 14 Q what various positions did you hold? 15 A Let me see. Well, I was in juvenile, 16 misdemeanor, felony. And they -- they didn't really -- just 17 felony trials. And then basically I was in felony for about 18 May of 2006 until when I left, 2013. 19 Q Do you know about how many trials you might have 20 had while you were there? 21 A Yeah. Probably -- well, I know I had enough to 22 try to get certified. Probably, I mean, at least 60, but - 23 including juvenile. 24 Q Did you try to get certified? 25 A I did, but I did not-- I guess-- there's a hard Page 7 1 test, which-- and it's federal, and I didh't study enough 2 for the test, so . 3 Q You actually took the test? 4 A Yeah. I took it once. Didn't study enough. And 5 then right after that, my mom died. I guess you can get 6 your results and they -- 7 Q Sorry to hear that. 8 A Thank you. 9 --- and they can go over it so you can -- you 10 know, kind of like prep you for the next year. And then 11 right when that happened, my mom died, so I didn't go review 12 it, and so I never followed up. 13 Q Okay. But you were cleared to take the exam. 14 A Yeah. ~ 15 Q Since you've been out, what different areas of 16 practice? 17 A Mostly just criminal, 'cause I've only been a 18 public defender up until going into private practice. 19 Q Okay. So -- 20 A Which I've done a little bit of family law with 21 that, but I . 22 Q Okay. So criminal and family. 23 A Yeah. 24 Q And are you currently working in private practice 25 by yourself, or are you with a firm? Page 8 1 A By myself. 2 Q And have you been by yourself since you left the 3 public defender's office? 4 A Yes. 5 Q All right. Have you had any prior complaints 6 with The Florida Bar, against you, that you're aware of? 7 A Well, I mean -- 8 Q Any Bar complaints that you've had to respond to. 9 A Yes. I've had, I believe, one I responded to. 10 Q Okay. And was it closed after that? 11 A Yes. 12 Q After your response? 13 A Yes. 14 Q Okay. And have you ever had Nelson hearings in 15 court? 16 A I don't think so. 17 Q Never? 18 A No. 19 I know. I think I had one client ask for one, 20 but then by the time it was scheduled 21 COURT REPORTER: I'm sorry. "It was 22 scheduled , 23 MS. HADAD: He asked for one in court. Then by 24 the time -- the day of the hearing, he didn't want to 25 go forward with it. Page 9 1 BY MS. VICKERS: 2 Q Have you ever been found by a court to be 3 ineffective? 4 A No. 5 Q Have you ever been suspended for any reason? 6 A No. 7 Q Have you ever had a lapse in your bar license -- 8 A Urn • 9 Q --- being active? 10 A Well, I guess the thing with the -- I didn't pay 11 the dues, so it was -- does that count as a lapse? 12 Q Yeah. 13 A Okay. 14 Q You're inactive. 15 A I mean, I don't know if I was -- I guess I was 16 called inactive, yes. 17 Q Okay. And how long was that for? 18 A I mean, like a day. As soon as it -- I 19 straightened it out within two days of when it happened. 20 Q Did you forget to pay? What happened? 21 A Yeah. It was just like a mail thing, you know, 22 because I switched offices and just didn't get the -- and 23 then I forgot to pay, yeah. 24 As soon as I realized -- I think it was - 25 'cause, yeah, I think Estevez mentioned that. It was like Page 10 1 the first of -- it was the Wednesday, I g~ess, I became 2 ineligible because I didn't pay. And then as soon as I 3 as soon as I realized it I guess I didn't realize it 4 until the weekend after. 5 So it was like Wednesday, Thursday, Friday, and I 6 paid it by the Monday morning. And then they were -- I was 7 just having trouble getting that little signed paper back to 8 them. So I paid it Monday morning. I think I was 9 reinstated by the Tuesday. 10 Q And did you represent clients in between that 11 time? 12 A I did. I had one trial. Q A Q 16 you were not -- 17 A Yes. 18 Q --- readmitted to practice at the time? 19 A Yes. Well, I mean, I guess the judge -- I guess 20 myself and the judge realized at the same time, but it was 21 after the trial. But I guess, according to the rules, if 22 you once you're reinstated, it's, like, retroactive. 23 But he he was informed. 24 Q The client. 25 A Yeah. Page 11 1 Q By whom? 2 A Well, by the court. 3 Q The judge. 4 A Yes. 5 Q Did the state attorney know? 6 A I mean, not -- I mean, they knew afterwards. We 7 all knew-- it's like we all found out a couple of - 8 obviously, if I'd -- you know, we picked the jury on a 9 Monday. If we'd made the trial on the Tuesday, it would 10 have been fine, you know. We made the trial on the Friday. 11 None of us realized at the time. 12 Q How did you-all become aware of it? 13 A I mean, I guess probably me seeing it on the 14 Bar and probably same for the judge. Someone must have 15 saw it on the Bar website and told the judge. And same for 16 me. Someone 17 Q So did the judge bring it to your attention, or 18 did you 19 A No. No. I had found -- the clerk -- it seems 20 like we all found out at the same time, kind of. 21 Q Well, I'm -- I don't understand. 22 A Someone else brought it to my attention, but then 23 like in the parallel time, someone else -- someone brought 24 it to my attention, and then I'm guessing someone brought it 25 to the judge's attention. 'Cause we had the trial on the Page 12 1 Friday and it was over the weekend that I found out. 2 Q As a public defender or private practice? 3 A Private practice. 4 Q What was the verdict? 5 A Guilty. Yeah. 6 Q Who brought it to your attention? 7 A Someone that was -- wanted to hire me, that 8 looked on the Bar and -- 9 Q Who? 10 A Let's see. Well, it was a brother of someone 11 that wants to -- wanted to hire me. Her name's Tracy 12 McConnell. His name's Ron, I believe. 13 COURT REPORTER: Ron? 14 MS. HADAD: Ron. Yeah. 15 BY MS. VICKERS: 16 Q They called you and told you? 17 A Um-hmm. 18 Q Yes or no? 19 A Yes. 20 MS. HADAD: That's so weird. What, are you 21 talking into that thing? 22 COURT REPORTER: Yes. 23 MS. HADAD: I've never seen that. 24 BY MS. VICKERS: 25 Q So when you went to court, what kind of Page 13 1 discussion was there with the judge about the license being 2 inactive? 3 A Well -- well, like I said, he, I guess by 4 that Monday, I knew. By the by the next week, we all 5 knew, I guess. So he wanted to he set a hearing. Then 6 by the time we came to court, he -- I guess he had looked 7 into it. 8 The basic discussion was, "Mr. Estevez, it was 9 brought to our attention that Ms. Hadad was not eligible to 10 practice law during the time of your trial." You know, he 11 basically laid it out: On the Wednesday, I was delinq- 12 I was ineligible to do the -- and then the trial -- you 13 know, we picked the jury on Monday; I became ineligible on 14 Wednesday; we did the trial on Friday; and then, you know, 15 the -- I had paid it on the Monday, and it was straightened 16 out by, you know, the Tuesday. I was eligible again. 17 So he was told that I was eligible. And -- and 18 then the judge said he had looked into it, and since I am 19 now eligible, it's-- why am I going brain-dead right now? 20 You know, it-- it's retroactive. You're basically-- once 21 you become eligible, you will -- as long as you reinstate 22 and you are now eligible, I was- I guess it's retroactive. 23 Q So when exactly did you find out you were 24 ineligible to practice? 25 A I'm trying to think. I think the Sunday. I Page 14 1 mean, it was the weekend. I can't remember if it was 2 Saturday. 3 Q After the trial had happened? 4 A Yeah. It was after the trial, yeah. 5 Q All right. 6 Do you use alcohol? 7 A Urn, yeah. I mean . 8 Q How often? 9 A Very rarely. Mmm, maybe once every three months 10 or something. 11 Q And what is that? 12 A I mean, maybe even less. Maybe once every four 13 months. 14 Q Wine? Beer? Liquor? 15 A Mostly liquor. 16 Q And do you have any prior criminal history? 17 A Mmm, yes. 18 Q What is that? 19 A Let's see. Well, I was -- after a bad breakup, I 20 was arrested for a DUI. 21 Q What year was that? 22 A That was I think -- let me thi~k. I believe it 23 happened in 2010. 24 Q And what was the result of that case? 25 A And then -- they gave me a withhold to a reckless Page 15 1 early 2011. 2 Q Was that Volusia County? 3 A Yes. 4 Q Okay. What else? 5 A Urn . 6 Q Did you -- sorry. Go back to that. With that 7 charge, did you have to have any kind of alcohol 8 evaluation? 9 A Yeah. I had to do -- well, you know, you -- I 10 had to do the victim awareness class, you know, which is 11 required for a DUI. And I had to do the safe -- alcohol 12 safety education course, which is, you know, like the 13 12-hour DUI class. And then I -- I did also have to do a 14 substance-abuse evaluation, but they said I didn't need any 15 treatment. 16 Q Okay. And that was in 2011? 17 A Yeah. Well, I'm trying to -- I think I might - 18 I think I did most of it before I actually got sentenced. 19 I think I did it in 2010. So basically, it was like the 20 court said probation, but my probation was -- I pled no 21 contest, and they said probation on the record, but I was 22 terminated that day 'cause I'd already done everything. I 23 did all the conditions before I was sentenced, basically. 24 Q All right. What else? 25 A I believe that's all. I mean, a long time ago I Page 16 1 was arrested for trespass. 2 Q When? 3 A Mmm, let's see. Let's see. It was in the time 4 where I was goofing off between college and law school, I 5 think. Mmm, let me think. Probably -- probably like - 6 I'm trying to remember. Probably like 1997 or something. 7 I'm guessing. I mean, I could be wrong, but somewhere in 8 that general time range, 'cause - probably like '97, '98. 9 Q What county? 10 A Maybe '96. 11 Brevard. And I - and alcohol was involved. 12 Q What do you mean? 13 A Oh. That's why-- because me and my boyfriend 14 at the time were drinking and arguing over something stupid, 15 which is usually what hap- -- you know. Seems like the 16 dumbest arguments are always when you are drunk, and you 17 don't even know why you're arguing. He wanted me to leave, 18 and I didn't want to leave. So he was really mad, 'cause he 19 was drunk also. Didn't want to hit me, so he called the 20 police. And then I left. 21 Q Have you ever been married before? 22 A No. 23 Q Do you have any other prior criminal history? 24 A No. 25 Q Do you have prior traffic history? Page 17 1 A Yes. 2 Q What is that like? 3 A Well, a lot of speeding tickets and -- you know, 4 a lot of those. And I did just -- I didn't -- right now, I 5 have a thing. I didn't renew my tag. But I was thinking 6 'cause, you know, you can renew it two years at a time. The 7 last time I renewed it -- well, the time before, I did it 8 for two years. So I just forgot to renew it. 9 Q Did you get notice to renew? 10 A Yes. 11 Q And then you forgot after that to renew it? 12 A Right. Well, I think I -- I think I didn't open 13 the I didn't pay attention to the notice, basically. 14 Q You didn't open the letter. 15 A Right. 16 Q Okay. Did that come to your home or your office, 17 that notice? 18 A M~, I'm not a hundred percent sure. I mean, it 19 might have come it was either my home or my parents' 20 house, either one. 21 Q Do you have a separate office location, or do you 22 work out of your house? 23 A I'm working out of my house. 24 Q Okay. Were you living with your parents at the 25 time, or Page 18 1 A No. 2 Q Okay. So -- 3 A No. Probably -- I mean, I'm just trying to 4 remember. You know, some- -- I'm just trying to remember if 5 something might have been in their address or something, you 6 know. Probably came to mine. 7 Q Okay. Have you ever used any drugs that have not 8 been prescribed to you by a doctor? 9 A Yeah. 10 Q What? 11 A Urn -- oh, boy. Well, I've tried cocaine and 12 ecstasy and marijuana. Hmm. Think that's about it. 13 Q Okay. How many times have you tried cocaine? 14 A Urn mmm. Well, gee, I'm old, so let's see. 15 Probably ten, maybe. 16 Q Ten years ago? 17 A No. No. Oh. I thought you said "How many 18 times." 19 Q Oh. I'm sorry. Yes. How many times. 20 A Okay. 21 Q Ten times. 22 A Something like that. 23 Q And when was the last time you used? 24 A Urn, like two years ago. 25 Q And that's powder cocaine, we're talking about, Page 19 1 right? 2 A Yes. 3 Q Okay. Ecstacy, how many times? 4 A Mmm. Mmm. Probably about 20 times. 5 Q And when was the last time? 6 A Mmm. It's been a while. Ten years ago. 7 Q And marijuana? 8 A Mmm. Hmm. I'd probably say ten times for that 9 too. 10 Q And when was the last time? 11 A Mmm, about like a year ago. 12 Q What about crack? 13 A Yeah, I have tried that too. 14 Q Okay. How many times? 15 A Mmm. Mmm. Probably about ten times. 16 Q When was the last time? 17 A Maybe a year and a half ago. 18 MS. DAVIS: I'm sorry. Did you say a year and a 19 half ago? 20 MS. HADAD: Yeah. 21 MS. DAVIS: Thank you. 22 BY MS. VICKERS: 23 Q Anything else? 24 A Mmm. No. 25 Q Have you ever gone to court under the influence Page 20 1 of alcohol? 2 A No. 3 Q Have you ever met with a client under the 4 influence of alcohol? 5 A No. 6 Q Have you ever gone to court under the influence 7 of narcotics that were not prescribed to you? 8 A (Shakes head negatively). 9 Q Have you ever met with a client under the 10 influence of narcotics not prescribed to you? 11 A No. 12 Q Do you take regular prescription medications, 13 like on a regular basis? 14 A No. 15 Q You do not. 16 A Huh-hmm. 17 Q Okay. Yes or no? 18 A No. 19 Q Okay. Have you ever been referred to Florida 20 Lawyers Assistance? 21 A Hmm. Well -- I'm trying to think. I mean, 22 "referred" like 'cause, you know, with the DUI, I was, 23 kind of. They did -- I did get in touch with them. But 24 then when they did the substance-abuse thing and said no 25 treatment, that was kind of the end of it. But -- you know Page 21 1 what I mean? I don't know what I -- I'm saying. Like, I 2 was contacted by them or they -- I contacted them because of 3 the DUI ln case . 4 Q Did you have an evaluation through them? 5 A That's-- yeah, I guess I did. That's what I was 6 trying to remember. Yeah, I guess I did. Yeah, I did. I 7 did two now. 8 Q Two evaluations? 9 A Yeah. Now it's all-- yeah, I did one for the 10 DUI, you know, for the DMV, and then I did one for - 11 through Florida Lawyers -- Florida Lawyers Assistance. 12 Q Because of the DUI. A Q A 16 Q All right. And was that arrest reported to the 17 Bar? 18 A Yes. Um-hmm. 19 Q All right. Was that your prior Bar complaint, 20 or is there another one? 21 A Oh. Well, yeah, I wasn't talking about that one 22 when I said Bar complaint. 23 There was one I had to write a letter - 24 response to. 25 Q Okay. From a client. Page 22 1 A Yeah. 2 Q All right. Around the time of 2013, 2014, were 3 you taking any prescription -- like regularly prescribed 4 medications for anything? 5 A Hrnrn. I don't think so. 6 Q All right. I'd like to talk to you about Trizell 7 Johnson. Do you know who that is? 8 A Yes. 9 Q How do you know who that is? 10 A He retained me to represent him. 11 Q Okay. And did you have a written retainer 12 agreement? 13 A Yes. 14 Q Do you have a copy of that? 15 A That's one thing I don't believe I have with me. 16 I could get it to you. I was just rushing this morning, 17 and I brought the file, but I don't think I have the 18 retainer in it. 19 Q So you don't -- the retainer agreement would not 20 be kept in your file? 21 A Well, usually it would, but I just don't think I 22 have it with me. You know, I mean, I had court this 23 morning, and I don't feel very good today. 24 Q When were you noticed of this deposition? 25 A Oh, a while ago. I'm not -- but it was before Page 23 1 these -- before the docket soundings were set. But I also 2 don't feel -- I'm not feeling, like, very good today. 3 Q What do you mean "not very good today"? 4 A Oh, just that I -- just that I feel kind of sick, 5 that's all. 6 But no, I don't have it with me. 7 Q You don't have a retainer agreement with you? 8 A No. I do have some of the - I have - I did 9 I do have the receipt book, so 10 Q How long did you represent Mr. Johnson for? 11 A Mmm -- can I look? 12 Q Look at what? 13 A Either the clerk of court website or . 14 Q Yeah. We just need to be clear for the record 15 what you're looking at. 16 A Yeah. Okay. All right. I don't want to say 17 anything inaccurate. 18 Q I mean, we can look at the clerk's website if 19 that's 20 A Right. 21 Q You have no independent recollection of how long 22 you represented Mr. Johnson for? 23 A Well, yes. But, I mean, I'm -- you know, I 24 don't want to -- 25 Q Just give me your recollection -- Page 24 1 A Okay. 2 Q --- what you remember. 3 A Mmm, I mean, I'm thinking about eight months. 4 Q Okay. And what was the scope of your 5 representation? 6 A I was retained to represent him on two sale 7 charges. 8 Q All right. And did you visit him in jail? 9 A Yes, I did. 10 Q How many times? 11 A Mmm, probably about three, three or four. 12 Q Okay. And how much time do you think over those 13 three or four visits did you spend with him? 14 A Mmm, each visit or total? I mean, probably - 15 mmm, maybe 20 minutes on one visit, 30 minutes on another, 16 you know. 17 COURT REPORTER: I'm sorry. Twenty minutes? 18 MS. HADAD: Yeah. Twenty minutes to thirty 19 minutes per visit. Or, you know, one might have been a 20 little longer than the others. 21 BY MS. VICKERS: 22 Q All right. Was it ever disclosed to you that he 23 had a learning disability? 24 A No. 25 Q Was it ever disclosed to you that he had issues Page 25 1 with reading and writing? 2 A No. 3 Q He never told you that. 4 A No. But then I also did -- a lot of the 5 paperwork, I read over with him. I read the discovery over 6 with him. So, I mean, I didn't just hand it to him; I read 7 it to him. 8 Q Okay. Do you know somebody by the name of Leo 9 Sennett (phonetic)? 10 A Urn, yes, I believe I recognize that name. 11 Q And how do you know that person? 12 A Mmm, possibly a witness in the case. 13 Q Okay. Did you ever have any interaction with 14 Mr. Sennett? 15 A No. 16 Q No. 17 Never personally met him? 18 A Huh-hmm. 19 Q Was there 20 MS. DAVIS: Yes or no? 21 MS. HADAD: No. 22 BY MS. VICKERS: 23 Q Was there audio and video in Mr. Johnson's 24 cases? 25 A Urn, yes. Page 26 1 Q Did you get that audio and video? 2 A No, because their -- it was -- involved a CI, 3 and you know, confidential informant, and he didn't want 4 to -- the entire time I was representing him, he was mostly 5 concerned about getting a negotiated plea agreement. He 6 didn't want to -- you know, a lot of times if you reveal the 7 confidential informant, they'll revoke the offer, you know. 8 So he didn't really want to do that, so that's why-- we did 9 talk about that. So -- 10 Q And you could not have gotten the audio/video 11 without having to do a motion to -- 12 A Right. 13 Q disclose the confidential informant? 14 A No. Right. But there are ways around it. Like, 15 you know, I could either go meet the state, watch a little 16 clip of it, or they can do still shots of the screen. They 17 just don't -- you know, there's things you can do without 18 revealing the informant. But he was pretty sure he knew who 19 the informant was. And like I said, his main thing was 20 getting a resolution. 21 Q So you did not view any audio or video in this 22 case. 23 A No. 24 Q And you didn't attempt to get any audio or video 25 in this case. Page 27 1 A Well, I would -- I -- I mean, the day -- of 2 course I was going to, but before I did it, we came to 3 court. He wanted to enter a plea. I mean, basically we 4 came to a pretrial and he wanted -- the whole plea thing 5 that day was him, you know. He said, "Go to the state and 6 ask for this." I mean, the trial date would have been a 7 month and a half down the road, so 8 Q Do you have any type of administrative order here 9 that's gives a cutoff date for when discovery's due? 10 A Well, no, not that - not that kind of stuff, 11 just because it's well, like I said, that's kind of 12 circumventing the actual. 13 Q Did you file a notice to participate in discovery 14 in this case? 15 A Yes. 16 Q Do you remember when that was filed? 17 A In right when I was retained. 18 Q Okay. And -- 19 A No, but I guess I'm saying, because -- like I 20 said, it's different, because they wouldn't just send that 21 over because -- without revealing the CI. So we would have 22 to -- I would have to arrange something different. 23 And, I mean, he never disputed that he -- he 24 always wanted a negotiated offer. He talked to me like he 25 was aware of both the sales, that he knew he did them. Page 28 1 Q But wouldn't you think it's important to see if 2 there's actual audio or video that the state actually has 3 of your client actually selling or -- drugs or making some 4 kind of drug deal? 5 A Well, yes. We could have done that, but he 6 wanted he asked for this offer. He got an offer and 7 then he wanted to take it. 8 Q Is it your normal habit to wait until pretrial 9 to ask for discovery? 10 A Well, like I said, this is just something 11 different. I would have to -- I would have to go meet with 12 the state, probably, to make that happen. 13 Q And in the eight months, you didn't go meet with 14 the state to make this happen? 15 A Well, I did talk to them about the case. There 16 were some change I'm trying to remember. One of the 17 prosecutors was out on maternity leave for a while, so it 18 was kind of like the case was kind of getting -- I believe 19 Erica Kane was out on maternity leave for a little bit of 20 the period of time. 21 I mean, I guess what I'm trying to say is, there 22 was no -- I know when you're reading that email it sounds 23 like we're there pressuring him to enter a plea. There was 24 no pressure. And we could have said he didn't have to take 25 the offer and I could have gone to watch the video. But -- Page 29 1 Q That's not what I'm concerned with right now. 2 What I'm concerned with is, that if you had a case for 3 eight months and not once tried to get the audio or video of 4 your client allegedly doing a sale on video, why not? 5 A Well, like I said, we could either disclose the 6 CI. Then all the offers would be revoked. He didn't want to 7 do that. 8 Q Right. But you said you had another option, 9 which would -- 10 A Right. 11 Q -- be to circumvent it and go around. 12 A Um-hmm. 13 Q Why didn't you do that? 14 A Right. Well, like I said, part of it, some of 15 the time, she was out and -- I mean, I would have done 16 that. But you're right. I guess I should have maybe done 17 that before he 18 But I -- like I said, it wasn't like he had to 19 enter a plea that day. He entered the plea because he 20 wanted to that day. He didn't listen to -- 21 Q Did you file any motions in this case? 22 A No. I know he filed a motion to suppress. And 23 I didn't file one because I didn't find that -- that we had 24 legal grounds to suppress. 25 Q And he filed a motion to suppress while you were Page 30 1 representing him. 2 A Yes. 3 Q So that got stricken. 4 A Um-hmm. 5 Q Yes or no? 6 A Yes. 7 Q Did you discuss that with him before he did it? 8 A No. 9 Q After he did it? 10 A Yes. I said -- I mean, to me, there were no 11 legal grounds to file a motion to suppress. 12 Q Right. But did the fact that he was filing a 13 motion to suppress raise any red flags to you about, Oh, it 14 sounds like he wants to fight the case or try to get the 15 upper hand by some kind of strategic motion practice? Did 16 that come to your mind? 17 A Well, I mean, yeah, I did discuss it with him. 18 But, I mean, there were -- I mean, like I said, every time 19 he talked to me, he wanted to plea. He just didn't want to 20 go to prison. I mean, he didn't he kept -- he told me he 21 didn't want to go to trial. And basically, what he was 22 telling me from day one, he just wanted a resolution, but 23 he wanted -- wanted probation, probation and treatment, 24 county jail. He didn't want to go to prison. That was his 25 main thing. Page 31 1 Q So what was your strategy for not letting him go 2 to prison? 3 A Well, I mean, we reviewed -- there is a drug 4 departure, but you have to be 60 points or less. He was 61 5 points on a score sheet. So he was hoping maybe the score 6 sheet was wrong. I did -- I got the score sheet from the 7 state. I checked it totally. I went through his entire 8 record to make sure it was accurate, that they didn't mess 9 up. Because if we could have gotten like a point and a half 10 down, he would have qualified for a drug downward -- you 11 know, treatment-downward departure. 12 But other than that, I mean -- and this was 13 his case it started federally, with federal agents, so 14 they wanted him to do four years, and then, you know, the 15 state reduced the offer. Sometimes it's tough, because 16 either he can go get -- if he goes to trial and loses, he's 17 going to get a lot more than the minimum. 18 But the biggest thing I could try to do was see 19 if we could -- if there was anything -- an error on the 20 score sheet, see if we could get his points down a little. 21 And we talked -- and obviously, I did talk to the state 22 about that and tried to negotiate, point out his -- his 23 health wasn't great, his children. I I tried telling 24 them all the reasons why he wanted to give it a chance. 25 Q What actual work did you do on the case? Page 32 1 A Well, I mean, I did -- I met with him. I 2 reviewed the discovery and -- I'm trying to remember. I 3 mean, I did -- I mean, I tried to resolve the case. I mean, 4 that's like I said, he's-- whole thing to me was trying 5 to not go to prison. He wanted a plea negotiation. He 6 wanted drug treatment. I mean, I spent a lot of time trying 7 to talk the state into that kind of stuff, but . 8 Q Which state attorney? I thought you said they 9 were out most of the time 10 A Well .. 11 Q that the case was just in limbo and there was 12 nobody for you to talk to. 13 A Well, no. There was Dan Jancha (phonetic) and 14 Erica Kane. 15 Q So there is somebody you could have gone to, to 16 get the audio or video. 17 A Yes. 18 Q And you did not. 19 A No. 20 Q Did the judge ever admonish you for not being 21 prepared on this case? 22 A No. 23 Q Did you take a continuance in this case? 24 A Yes. 25 Q Did the client sign the motion to continue? Page 33 1 A Well, they don't do that. There is no written 2 motion to continue. They don't do that here. 3 Q Well, it's statutory. 4 A Oh. 5 Q So I understand why they might not do it here. 6 In Florida, it's a statutory rule that you have to file a 7 written motion for continuances, and that needs to be 8 signed by the client. 9 So none of your motions to continue are written 10 or signed by your client? 11 A No. Well, I mean, some of them were oral in 12 court. 13 Q And is your client there? 14 A Yes. 15 Q And do they -- does the judge need to know -- 16 A Oh, yes. 17 Q whether or not they orally waive their 18 speedy trial in court? 19 A Yes. 20 Q And you don't follow up with that with a written 21 motion with your client's signature on it? 22 A No. 23 Q Do you remember when you originally received the 24 original packet of discovery in this case? 25 A No. Page 34 1 Q Did you communicate with the client -- when did 2 you get that last plea? Was it the day of pretrial? 3 A Yes. 4 Q You didn't receive it before that? 5 A No. 6 Q So it's one of those where you just talk to the 7 client in court and go over the plea form? 8 A Well, yeah, it was his -- like I said, he -- the 9 state wanted -- kept saying they wanted four years. The law 10 enforcement wanted four years. So, you know, state 11 attorneys are often trying to make the police happy, 12 especially in the drug cases. 13 So, you know, the offer was four years, four 14 years. Mr. Johnson came to me and said, "Look, you" - 15 he's the one that started the whole negotiation ball, you 16 know. No one was pressuring him to do anything that day. 17 He said to me, "Hey, you go tell them I'll take" blank 18 "right now." 19 Q What was "blank"? 20 A And I'm trying to remember what that blank was. 21 A year and a day, I think. 22 You know, he started the negotiation at that 23 pretrial. 24 Q Did you review the plea form with him? 25 A Mmm. I'm trying to remember if -- was there a Page 35 1 plea form? 'Cause Judge Hutcheson didn't do plea forms. 2 But I'm trying to remember. 3 Q That's also in the rules. You're supposed to 4 have a plea form 5 A Oh. 6 Q with your client's signature on it. 7 A Oh. Well, some of the courtrooms here don't use 8 plea forms, but 9 Q So you did not read over a plea form and have 10 your client sign it that day. 11 A Mrnm, let me see. 12 MS. DAVIS: For the record, what is it that 13 you're referring to? 14 MS. HADAD: Oh. I was just looking at the clerk 15 of court website. 16 No, I did not. 17 BY MS. VICKERS: 18 Q No, you did not -- 19 A No. 20 Q have a plea form that you -- 21 A Right. 22 Q --- went over and executed and signed by the 23 client. 24 A Correct. 25 Q Okay. Back to Leo Sennett for a second. You Page 36 1 never had any personal interaction or meeting with one Leo 2 Sennett. 3 A I don't believe so. 4 Q Have you ever done drugs with Leo Sennett? 5 A No. 6 Q Have you ever done meth? 7 A I have tried it. 8 Q Okay. Let's go back to that list of drugs that 9 we've tried, because crack wasn't on the original list, 10 meth was not on the original list. How many times have you 11 tried meth? 12 A Mmm, maybe three. 13 Q I'm sorry? 14 A Three. 15 Q And when was the last time? 16 A Oh, a year ago. 17 Q But you've never done either of those with 18 somebody by the name of Leo Sennett. 19 A No. 20 Q Are there any other narcotics that you've tried 21 that we have not discussed? 22 A No. I mean, I'm not sure if -- I'm not sure who 23 Leo Sennett -- I may be thinking of somebody else. 24 COURT REPORTER: I'm sorry? 25 MS. HADAD: I'm thinking there's another Leo, Page 37 1 named Leo Sherrett (phonetic) . 2 BY MS. VICKERS: 3 Q Have you done drugs with him? 4 A One time. 5 Q Okay. And what was that? What type of drug? 6 A That was the meth. 7 Q Okay. And what was the circumstances of that 8 meth? 9 A Urn, well, I -- well, I'd been drinking, and I 10 stopped at his house and tried it. 11 Q Is he a friend of yours? 12 A An acquaintance. 13 Q Okay. Does he deal drugs or something? 14 A Urn, probably. 15 Q Okay. Were you with other people when you 16 stopped by his house? 17 A Mmm, yes. 18 Q Who were you with? 19 A Someone named Josh. 20 Q Josh what? 21 A I'm not sure. 22 MS. VICKERS: Okay. Do you have questions about 23 Mr. Johnson? 24 MS. DAVIS: I do. 25 EXAMINATION Page 38 1 BY MS. DAVIS: 2 Q Did you ever fail to appear for any of 3 Mr. Johnson's court hearings? 4 A No. 5 Q Were you always present, or did you send someone 6 else ln your place? 7 A I mean, I -- well, but I sent -- I had coverage 8 sometimes. 9 Q You have coverage attorneys that you work with 10 here ln Daytona? 11 A Yes. 12 Q Who are those attorneys? 13 A Maybe Jane Park. 14 Q P-a-r-k? 15 A Yes. 16 Q Okay. Is she -- 17 A Sorry. 18 Q Go ahead. 19 A 'Cause I'm not sure who -- another one that does 20 it sometimes, Bruce Johns. And that's John, J-o-h-n-s. 21 And his partner's Donovan Huseman, and that's H-u-s-e-m-a-n. 22 Ninety-nine percent sure it would have been with those 23 three. 24 Q That's who you use if you can't make a hearing? 25 A Yeah. Page 39 1 Q Okay. And you mentioned before that you visited 2 Mr. Johnson roughly three or four times in jail. Do you 3 have the dates of those visits? 4 A No, not on me right now. 5 Q They wouldn't be in your file that you brought 6 with you? 7 A Well, let me check. 8 Oh. I do well, I guess I do have at least 9 one of -- I mean, this is not signed, but this is the 10 written retainer. But like I said, I think -- I think I 11 made one for the file just so I would remember the payments 12 and stuff, but that's not the one that was signed. 13 Q So you don't have anywhere in your file that 14 reflects the dates, the three or four times, that you say 15 you visited Mr. Johnson. 16 A Umm 17 Q Can you recall if this would have been early on 18 in your representation? You said you represented him for 19 approximately eight months. Were those visits in the 20 beginning? Were they spread out? 21 A Spread out. But one in the very beginning, and 22 then, yeah, probably . 23 COURT REPORTER: I'm sorry? 24 MS. HADAD: Beginning, middle, end. 25 BY MS. DAVIS: Page 40 1 Q You also mentioned that pretty early on, after 2 speaking with Mr. Johnson, he indicated to you that he 3 wanted to resolve the case. Is that a fair assessment of 4 your testimony today? 5 A Yes. 6 Q Did you ever memorialize this conversation with 7 Mr. Johnson in writing regarding his wish for you to work on 8 a resolution of his case? 9 A Let me see. I don't think . 10 Q Do you recall if you sent him any correspondence 11 while he was in jail? 12 A I'm pretty sure I sent him discovery, but I don't 13 think -- I can't remember if I wrote a letter with that. 14 Q Would you have kept that information in your 15 file? If you had sent him correspondence, is that something 16 you would typically keep in your client file? 17 A Urn-- uh, some -- not always. 18 Q And just to go back for a brief second before we 19 move on. You said you're in private practice now. What's 20 the name of your firm? 21 A Just Linda D. Hadad. 22 Q Is there a "P.A.," "LLC" behind it, or is it- 23 what's the full name? 24 A Hmm, I think P.A. 25 Q And when did you officially open the doors to Page 41 1 Linda D. Hadad, P.A.? 2 A Hmm. Hmm. August 2013. 3 Q August 2013. 4 A Yeah. 5 Q And you testified earlier that you primarily 6 practice in criminal law, you do some family. What's your 7 current caseload? 8 A Hmm, let's see. Yeah, probably about 25 cases. 9 Q I can't hear you. 10 A Twenty-five. 11 Q Twenty-five cases? 12 What percentage of those are criminal? What 13 percentage of those are family? 14 A Oh, 95 -- 90 to 95 percent criminal. 15 Q And then the other 5 to 10 percent are family 16 cases? 17 A Yes. 18 Q And do you typically keep paper files for your 19 cases? 20 A Yes. 21 Q Similar to the file you presented to us today? 22 A Yes. 23 MS. DAVIS: Okay. I don't have anything else 24 right now. 25 DIRECT EXAMINATION (continued) Page 42 1 BY MS. VICKERS: 2 Q Back to your time at the public defender's 3 office. Were you ever placed on probation? 4 A Hmm, no. 5 Q Were you ever written up? 6 A I mean, I'm trying to think. I'm not sure. I 7 don't know. I mean, I have -- I think I was disciplined, 8 but I'm not sure what it was exactly. 9 Q Okay. How were you disciplined? 10 A Well, obviously, the thing with the DUI, you 11 know. And then right -- 12 Q Wait. What did they -- how did they discipline 13 you with the DUI? 14 A Urn -- well, they actually didn't do anything with 15 the DUI. But I guess it was just noted. I mean, they 16 didn't really, you know, do anything to me or anything like 17 that. 18 Q Did they demote you? Did they -- 19 A No. 20 Q write you up? 21 A I mean, I don't think -- I'm not sure if I was 22 written up or not. I mean 23 Q Did a supervisor speak with you? 24 A Yeah. I mean, I -- obviously. I mean, that was 25 my big concern. I contacted them right away. Page 43 1 Q And what did your supervisor discuss with you on 2 that? 3 A I mean, that's-- I don't really remember 4 anything negative. They were just like, "It's gonna be 5 okay." I don't know. I was upset. 6 Q They were more supportive 7 A Right. 8 Q --- over your DUI. 9 A Right. They were just kind of supportive. 10 Q Okay. Any other disciplinary action? 11 A Yeah. 12 Q For what? 13 A Well, it was around that same time. This is 14 embarrassing. Well, yeah, it was about the same time as - 15 the DUI. I couldn't drive 'cause I refused to blow. So I 16 couldn't drive for three months. So -- and I got the DUI 17 in September. 18 My birthday's in October, and I met a friend, 19 another girl that worked at the public defender's office, 20 and we went to Mai Tai. Well, you don't-- you're not from 21 around here. But anyway, we went to a bar on the beach, 22 and they were having like a late-night happy hour. 23 And then we walk -- we met some guys. We walked 24 to this nightclub. I feel so stupid even saying this. 25 Anyway, again, alcohol was involved. And they were Page 44 1 charging to get in, and basically I flashed my boobs to not 2 pay. Uh. Alcohol. And, of course, there was an off -- 3 Daytona Beach police officer five feet away. So as soon as 4 I did that -- the club was 509 on Seabreeze. Went into the 5 bathroom, and then she, boom, kicked - like, barged in the 6 door and, like, was on a ten-minute screaming rant. 7 And then that's when I was disciplined, like. 8 Q With - with -- 9 A Well, I mean, then I guess - obviously, she 10 didn't she didn't arrest me, but she yelled and said she 11 could have arrested me, and, you know, how would that look 12 in the newspaper and . 13 Q And how old were you when this happened? 14 A I was -- let me think. I was turning -- that 15 was 2010, so I guess-- let's see thirty-, what, seven? 16 Q Okay. And how did your office discipline you? 17 A Oh. Well, I was gonna say, they just -- so, you 18 know, went in that Monday, and then just when I thought that 19 enough time had passed and that nothing was going to come 20 of it, I got called into the -- just said, "You know, you 21 can't do stuff like that anymore. This isn't Vegas," he 22 said. And just, "You can't do" -- with that and the DUI at 23 the time, the timing of everything, just said, "If you do 24 anything like that, we'll have to let you go." 25 Q Was that your supervisor, or was that somebody Page 45 1 higher up? 2 A It was like the big -- that was Purdy, the 3 elected official. 4 Q Okay. Was anybody else present at that meeting? 5 A Yes. Shannon LaBella, female. 6 Q LaBell? 7 A LaBella. 8 Q And what was her role in the office? 9 A Budget. She was in charge of the budget of the 10 whole office. 11 Q Anyone else? 12 A No. 13 Q Okay. Any other disciplinary action from work? 14 A No. 15 Q Ever been -- so you say you've never been 16 formally written up? 17 A Well, I mean, yeah. I mean, that's the only 18 thing. I'm not-- I don't want to say anything that's not 19 true. I'm not sure with that whole little boob incident if 20 I was written up or they just talked to me. 21 Q To your knowledge, you've never been written up. 22 A Right. 23 Q Has your supervisor ever had to call you in to 24 speak with you about your performance? 25 A Mmm, no. Page 46 1 Q Nobody's ever spoken with you about performance 2 issues with your cases, court, clients. 3 A If it was any type of performance thing, maybe 4 like with the maybe not getting to the office early 5 because but that would be it. 6 Q Untimeliness? 7 A Yeah. But not about court or clients or 8 anything, just about -- because the office opens at eight, 9 and they're used-- the other elected public defender was a 10 little more easygoing about when we showed up. So maybe - 11 but this wasn't Purdy. Maybe Scott Swain, my supervisor, 12 might have said something to me. 13 Q Okay. Did you have annual reviews? 14 A No. 15 Q You never received an annual review. 16 A No. 17 Q Ever? 18 A I don't think so. I mean, they did awards for a 19 little while, but then they -- I guess when Mr. Purdy got 20 elected, he found a little fund and he started using it to 21 give us he was giving out awards with money bonuses, and 22 then he did that for two years and then found out he 23 wasn't supposed to be using the money that way and then that 24 stopped. But he didn't do it. 25 Q But no, like, evaluation performance -- Page 47 1 A No. 2 Q summary every year of how you're doing, on a 3 yearly basis? 4 A No. 5 Q Did they ever audit your files, go through and 6 look at your files to see what work is being done? Did you 7 guys have paper files there? 8 A Yes. 9 Q Okay. Nobody ever came in and looked through 10 your files? 11 A No. 12 Q All right. 13 MS. VICKERS: Any questions? 14 MS. DAVIS: No. 15 BY MS. VICKERS: 16 Q I'd like to move on to Johnny Estevez. Do you 17 know him? 18 A Yes. 19 Q How do you know him? 20 A I was retained to represent him. 21 Q And how long did you represent him for? 22 A Hmm, let's see. Hmm, I'm thinking three to four 23 months. 24 Q Do you have a retainer agreement for Mr. 25 Estevez? Page 48 1 A Let me check. 2 Q And for the record, you're looking through a 3 paper -- 4 A Yes. 5 Q --- file that would be Mr. Estevez's file? 6 A Yes. Yes, it would be. 7 Yeah, I did have. He did sign everything in 8 agreement. But I might have put it -- I mean, part of - 9 you know, I might have been putting them somewhere else to 10 try to keep track of the payments and that kind of thing. 11 It looks like that's what I did. So I would have to give 12 that to you later. 13 Q Who hired you in this case? 14 A Oh. Mr. Estevez. 15 Q How? 16 A He contacted he contacted me. 17 Q From the jail? 18 A Yeah. And then I met with him. 19 Q At the jail? 20 A Yes. And then I said -- I quoted him a price of 21 $2,000. He said he had a thousand. And then he basically 22 never ended up paying anything else other than that. 23 Q How did you receive the first payment? 24 A I received it from his friend. His friend had 25 his money for him. Page 49 1 Q Did you go to the friend, or did the friend come 2 to you? 3 A He actually paid with a card. I had a Square 4 reader. He did a credit card payment. 5 Q But did you go to him, or did he come to you? 6 The friend. 7 A We didn't -- nobody went to anyone. It was just 8 done over the phone. 9 Q So 10 A The friend was in Orlando. 11 Q Okay. So tell me about how this happened. 12 A Oh. Okay. 13 Q You meet in the jail. 14 A Okay. Yeah. I left the jail, and I believe - I 15 can't remember if I called the friend first or if the friend 16 called me. I probably called him. He's like, "My friend 17 has my money. Close to" -- "yeah, I have about a thousand 18 dollars. Call him and I'll"-- "he can do the payment." So 19 it was done over the phone. I probably called the friend 20 and then we did the payment over the phone. 21 Q Was there any -- did he say -- did Mr. Estevez, 22 the first time you met, leave it with, "Okay. Well, I'll 23 follow up with you and let you know if I'm definitely gonna 24 hire you or not," or . 25 A No. He said, "I want to hire you." Page 50 1 Q And what kind of instructions did he give you? 2 A He said, "Call my friend. He has my money. II And 3 he said, "He should have" "it's either a thousand or 4 close to a thousand. So, II he said, "I can pay that now and 5 then we'll figure out the rest from there. II 6 MS. DAVIS: Did he sign the retainer agreement 7 during -- 8 MS. HADAD: Yes. 9 MS. DAVIS: --- that first visit? 10 MS. HADAD: Um-hmm. 11 MS. VICKERS: Yes or no? 12 MS. HADAD: Yes, he did. 13 BY MS. VICKERS: 14 Q How many times did you visit Mr. Estevez in jail? 15 A Mmm urn, probably two or three. 16 Q Do you know what dates? 17 A Mmm, no. I know one would have been very close 18 to when I got -- the first one would have been when I got 19 retained. And then -- which would have been probably right 20 around the end of July, the first time. 21 Q Okay. 22 A And then 23 MS. DAVIS: July of what year? 24 MS. HADAD: Oh. 2014. 25 And then probably-- well, let's see. And then Page 51 1 probably September. 2 BY MS. VICKERS: 3 Q Probably in September? 4 A Yes. 5 Q And the trial was when? 6 A It was the end of -- well, we picked the jury 7 September 29th, and the trial was October 3rd. 8 Q So you would have met with him before the trial, 9 in jail. 10 A Yes. 11 Q How much time did you spend with him when you met 12 with him? 13 A Mmm, well, a decent amount of time. I mean, 14. probably, one time, an hour; maybe, another time, 20 15 minutes. And then I also did meet with him at the 16 courthouse. 17 Q Okay. The day of trial? 18 A The day of the jury selection. 19 Q Did you explain to him ahead of time how a trial 20 works? 21 A Yes. 22 Q Like, give him an overview of what's going to 23 happen? 24 A Yes. 25 Q When did you explain that? Page 52 1 A Well, and he also -- probably the week -- the day 2 of the jury selection. 3 Q All right. Did you make him any promises about 4 winning the case? 5 A No. 6 Q About what your thoughts were about the success 7 of the case? 8 A Hmm. Well, let me see. I mean, I might have. 9 Probably not. I mean, I don't remember saying anything 10 like, "Yeah, we're gonna win." 11 Q Did you tell him, "You've got a great case"? 12 A No. No. 13 Q Did you take any continuances in this case? 14 A Yes. 15 Q How many? 16 A One. 17 Q Did you file a motion and get your client's 18 permission? 19 A Urn, no. We did -- it was oral in open court. 20 So he gave his permission in open court. 21 COURT REPORTER: Sorry? 22 MS. HADAD: It was in open court. He gave oral 23 permission. I guess the first continuance, it was done 24 by the state right before I was retained. Or right 25 around when I got retained, the state continued it. Page 53 1 BY MS. VICKERS: 2 Q Had it been continued prior to the state 3 continuing it the first time? 4 A No. 5 Q So speedy was still running. 6 A Right. 7 Q And 90 days probably would have already been up 8 before you went to trial had you not continued the case. 9 A No, it was pretty much right on the he was 10 arrested June 6th. I mean, they were ready about that time. 11 If we'd filed -- June 6th, so yeah, it would have just 12 September 6ish speedy would have, like, ran. 13 Q But you took a continuance. 14 A Right. But he -- and he told me he was okay with 15 that. 16 Q Did you provide discovery to the client? 17 A Um, I'm trying to remember. I -- I can't say for 18 sure. If he asked me to, I did, but I can't remember if he 19 asked for it. 20 Q You don't keep any record in your file of, like, 21 a copy of a letter, you know, "Enclosed is your discovery"? 22 A I mean, sometimes I might. But I don't think I 23 gave I don't think he got the discovery. I don't think 24 he wanted the discovery. Seems like he didn't want the 25 discovery. Page 54 1 Q Do you have any notes in there saying that he 2 did not want discovery? 3 A No. 4 Q Why did you take the continuance? 5 A Well, the state had just copied the discovery for 6 me, and it just seems like - it just seems like that week 7 was, like, hectic. It was not a good week to go to trial. 8 I can't remember exactly why right now, but . 9 Q When was the trial set for originally when you 10 took a continuance? 11 A It would have been - looks like August 25th. 12 Q When did you file your notice to participate in 13 discovery in the case? 14 A July 28th. 15 Q And discovery is due within how many days of you 16 filing that? 17 A I believe 14 days. 18 Q And you didn't receive it in 14 days. 19 A Right. Q 21 A Oh. Well -- 22 Q Did you file a motion to compel? 23 A No. 24 Q Did you call the state and say, "Hey, it's been 25 14 days. I haven't received discovery"? Page 55 1 A No. I mean, it was right -- like I said, it was 2 more I mean, I think right around when I was looking for 3 it, it was ready. I mean, when I was getting ready to start 4 asking them about it. It was just -- I had a lot of -- it 5 seems like that week had a lot going on other than . 6 Q What do you mean? 7 A Just it was a hectic court week, that's all. 8 Q Right. But if you're set for trial and you don't 9 have discovery yet, you would not think to ask for discovery 10 prior -- 11 A Right. 12 Q --- to the trial date? 13 A Yes. I mean, I do believe I contacted them, but 14 that right around when they had it ready. 15 Q Which would have been the day the trial was set 16 and you had to continue it? 17 A No, no. No. I did -- I did contact them, I 18 believe, between the pretrial. 19 Q I'm sorry. I think you 20 A No. I'm trying to -- 21 Q may be misunderstanding something. 22 A Yeah. Yeah, I know. 23 Q The discovery is due. 24 A Right. 25 Q And you don't get it timely. What do you do Page 56 1 next? 2 A Well, like you said, you can -- 3 Q No. What do you do? What is your habit? What 4 is your routine? What do you personally do? 5 A Well, it depends. If we're in court, I would 6 probably say something to the judge. If it's-- if it was 7 a problem, I might ask to charge the continuance to the 8 state, or, yeah, call the state, email them, contact their 9 assistants, like that. 10 Q And you don't know if you did that here or not. 11 A Right. 12 EXAMINATION 13 BY MS. DAVIS: 14 Q I was going to say, in this particular case, it 15 sounds like what you're testifying to is that the state 16 didn't get the discovery to you timely. Did you notify the 17 court of that when you asked for your continuance? Was that 18 brought to the judge's attention at any point? 19 A Urn, I'm trying to remember if I brought it up or 20 not. Well, now I don't want to say anything that's wrong, 21 'cause I don't remember exactly when I got the discovery. 22 Q So you don't recall bringing it up to the judge. 23 Just a yes or no. 24 A Yeah. But I'm not a hundred percent one way or 25 another if I did. Yeah, I don't recall. Page 57 1 Q You don't recall. Okay. 2 DIRECT EXAMINATION (continued) 3 BY MS. VICKERS: 4 Q What work did you do on this case to prepare for 5 trial? Did you hire an investigator? Did you go to the 6 scene? 7 A Yeah. I mean, I went to the scene. I looked at 8 the scene. I looked - looked around the area. I, you 9 know, watched the video. 10 EXAMINATION 11 BY MS. DAVIS: 12 Q Did you take any depositions? 13 A No. 14 Q Did you interview any of the witnesses without 15 formally deposing them? 16 A Yeah, I did call them. 17 Q Did you talk to them? 18 A Yes. And let's see. 19 Q When did you go to the scene? Was it before you 20 received the discovery, or after? 21 A After. 22 Q So before you got the discovery, what were you 23 doing on the case? 24 A Mmm, well, let's see. Mmm. Well, I mean, I - 25 you know, I got his version of what happened, and that's - Page 58 1 before I got the discovery, I guess that's it. 2 DIRECT EXAMINATION (continued) 3 BY MS. VICKERS: 4 Q And how did you get his version of what 5 happened? 6 A Well, I met with him and talked to him, and he 7 told me. And he also wrote me -- he wrote it out also. 8 Q Did you ever show him the video? 9 A Urn, yeah. 10 Q Where? 11 A Urn, we did -- we saw it in -- the week of the 12 trial, at the courthouse. 13 Q After you picked a jury? Before you picked a 14 jury? Before the actual trial started? When? 15 A Let's see. It was after we picked a jury, but - 16 no. It was during the trial, the day of -- the morning of 17 the trial, in the courthouse. 18 Q When you say "in the courthouse" -- 19 A Um-hmm. 20 Q --- where exactly do you mean? Do you mean he 21 saw it up on the screen the same time that the jurors did? 22 A No. No. At the table. 23 Q At counsel table? 24 A Yes. 25 Q During the trial. Page 59 1 A No. I mean, like, you know, during a break in 2 the morning when we started. 3 Q Okay. And you didn't think to go to the jail 4 and show him this video ahead of time, knowing that it would 5 probably be shown to the jurors? 6 A Hrnrn. I'm trying to remember if I did take it to 7 him beforehand. Mrnrn, 'cause we had part of it redacted. 8 Q Did you file a motion to have it redacted? 9 A No. 10 Q So how did that happen? 11 A Urn, just argument in court, because they 12 wanted well, I'm trying to remember what happened. 13 They -- 'cause part of it, you could see his car windows 14 that were tinted. So that was good. We wanted them to see 15 that. 16 The state wanted to be able to play part of what 17 he said but not all of what he said. Actually, they didn't 18 play now that -- it's corning back to me now. They didn't 19 play the video because he made incriminating statements 20 that -- yeah, it was just a pretrial motion but didn't do 21 the statement because -- 22 Q Did you file a motion? 23 A No. Just oral argument. 24 Q Prior to trial or during trial? 25 A Mrnrn. Page 60 1 Q When I say "prior to trialu -- 2 A Yeah. 3 Q I mean like at a motion hearing or a 4 pretrial 5 A Right. 6 Q --- not like a motion in limine like right before 7 you pick a jury. 8 A Right. Not -- yeah, it was right -- it was 9 during the trial. 10 Q Okay. Did you file any written motions in this 11 case? 12 A Mrnrn, let me check. 13 Q For the record, you're looking in your-- 14 A Yeah. 15 Q --- file on Mr. Estevez? 16 A Yes. 17 No. 18 Q What work did you actually do on this case? 19 Well, wait. First of all, this was the trial 20 that you were doing when you found out -- it just ended when 21 you found out that your license was temporarily suspended 22 for the nonpayment of the Bar dues. 23 A Right. 24 Q Okay. So what actual work did you do on the 25 case? Page 61 1 A I mean, I guess reviewed all the discovery and 2 then prepared questions and tried to see what I could come 3 up with as a defense. 4 Q And did you talk to witnesses? 5 A Yes. 6 Q How many? 7 A The two lay witnesses. 8 Q By phone or in person? 9 A Mmm, I believe in person. 10 Q You personally spoke with them. 11 A Yes. 12 Q Was that right before they went in to testify, or 13 was this prior? 14 A Prior. 15 Q When? 16 A Urn, I believe the day of jury selection. I 17 think. 18 Q They were at the courthouse. 19 A Yes. 20 Q Okay. So it's not like you went out and found 21 them and spoke to them. 22 A No. 23 Q Did you speak to them before you picked a jury or 24 after you picked a jury? 25 A Before. Page 62 1 Q Like out in the hallway? 2 A Yeah. 3 Q Did you speak to them together or separately? 4 A Separately. 5 Q Was the state attorney there when you spoke with 6 them? 7 A No. 8 Q Okay. What else did you do? 9 A Well, I reviewed the discovery and wrote out 10 questions, the opening, cross-examination, closing. I mean, 11 tried to see where I could create reasonable doubt 12 because -- I mean, there were really no witnesses other 13 than them when it happened, and Mr. Estevez. So that was 14 the big problem. 15 Q Did Mr. Estevez testify? 16 A No. 17 Q Did you discuss testifying with him? 18 A Yes. He didn't want to testify. 19 Q Why? 20 A Urn, because he was on conditional release from 21 a sex a Jimmy Ryce facility, and he was afraid that he 22 might you know, if he said one wrong thing on the stand, 23 that would open the door to all that, you know, if he said, 24 "I've never" -- "I would never do that" or something like 25 that. All of his priors were basically the same: lewd and Page 63 1 lascivious exhibition. So we didn't want to, you know, have 2 the jury know that he has -- was on conditional release from 3 a sex-offenders facility. 4 Q Okay. So you just to be clear: You reviewed 5 discovery ahead of time. 6 A (Nods head affirmatively). 7 Q Yes? 8 A Yes. 9 Q You talked to your client twice at the jail. 10 A Yes. And then once at the courthouse. 11 Q Once at a courthouse before the trial? 12 A Yes. Before. Like the day of jury selection. 13 Before we picked a jury. 14 Q All right. You talked to the two eyewitnesses 15 the day you picked the jury. 16 A Yes. 17 Q You picked the jury and then did the trial on a 18 Friday. 19 A Yes. 20 Q And you show the client the video of the incident 21 on that Friday. 22 A Urn, yes, I believe so. Like I said -- now I 23 remember. We ended up not playing the video. I mean 24 Q So did you show it to him or not? 25 A Yes, he did see the video, but it wasn't played. Page 64 1 Q You said earlier you went to the scene. When did 2 you do that? 3 A Sometime before -- probably a couple weeks before 4 the trial. 5 Q And what was significant about going to the 6 scene? 7 A I'm not -- I just decided -- I was in the area, 8 so I stopped there. It's a beach access, but really not 9 much. I mean, really the -- that was -- reasonable doubt 10 was trying to argue that they couldn't see -- that they were 11 mistaken in what they saw. 12 Q Based on what? 13 A Just cars. Trying to argue that the cars were 14 basically the same height, that they wouldn't have been able 15 to see, you know, his actual penis, that they just assumed 16 it. 17 Q Did you take any photographs? 18 A Urn, no. 19 Q Okay. When you were in trial on that Friday, 20 were you under the influence of any alcohol, drugs, or 21 medication? 22 A No. 23 Q Had you ingested any alcohol, drugs, or 24 medication within 24 hours of that trial? 25 A No. Page 65 1 Q Either the Monday or the Friday. 2 A Oh. Oh. The jury -- no. I was thinking you 3 meant the weekend after, for some reason. 4 Q No. 5 A No. 6 Q What is your current status with the 7 Volusia County jail as far as visiting inmates as an 8 attorney? 9 A Mmm, well, with the male inmates, I'm restricted 10 to the bondsman room. 11 Q And what is that? 12 A That is like the divided plastic or glass. No 13 physical contact. But any other-- the female jail, it's 14 regular access. 15 Q So in the female jail, you can meet with them 16 sitting at a table 17 A Yes. 18 Q --- just as we are right now. 19 A Yes. 20 Q But in the male, there is a room with glass. Do 21 you have to use a phone to speak with them? 22 A No. You just talk. 23 Q You can hear? 24 A Yeah. Not great, but yeah. It's echoey, but 25 yeah, you just talk to each other. It's like a little slit .-.... Page 66 1 -- like a little crack in the glass. I guess, you know, so 2 the 3 Q If you need them to sign something? 4 A Actually, no. I'm wrong. No. It's all solid. 5 I was thinking maybe there's holes or something to make it 6 where you can hear better. 7 Q All right. So why are you restricted to that 8 with the male inmates? 9 A Well, because I had a personal relationship with 10 a guy -- 11 Q Who? 12 A Steve Sullivan. 13 --- and -- in 2013. And I guess -- I guess they 14 found they thought I did something, which I didn't. I 15 don't know-- because that's when they-- it became an 16 issue. And then -- 'cause then they did some investigation. 17 And then they -- they did an investigation, I think, because 18 I'd placed money in his-- in someone's commissary account 19 just so they could eat food. 20 Q Whose commissary? 21 A Urn, Brian Gall. 22 Q Was he your client at the time? 23 A Yes. 24 MS. DAVIS: Can you spell that last name? 25 MS. HADAD: G-a-1-1. Page 67 1 BY MS. VICKERS: 2 Q So you 3 A But it was-- so I guess-- because if they're in 4 lockdown, they can't order food. If an inmate's in 5 lockdown, they can't order food. So they -- I put it in 6 Brian Gall's account so they could order food. Steve. 7 Q For who? 8 A Steve Sullivan. So they could share it. 9 Q Okay. So you -- 10 A That's that's what-- like, obviously, I 11 didn't know that's-- you would think someone could put 12 money in anyone's account, but I guess for some reason the 13 jail thought I was doing something other than that. I 14 don't know what they thought, but -- 15 So they did a big investigation. And then they 16 said I couldn't visit the inmates in person. But then they 17 changed their mind, and then they let me have access again. 18 After they did their investigation, they said, "Okay. We 19 find you're fine." They found out that I .. 20 Q Okay. And then when did that change again? 21 A It changed again because I had a friend who was 22 in jail and so I visited him as a friend. I didn't - 23 honestly, I didn't think I was doing anything wrong. You 24 know, I went to visit him as a person, not an attorney. 25 Q Okay. Let me ask you this: When a family member Page 68 1 or a friend who is not a lawyer goes to visit somebody at 2 the jail, how does that work? 3 A Urn, they -- you have to make a little pin -- you 4 make an account, make a pin number, and then you have to 5 call and make an appointment. And then there's a room with 6 phones, and you go and sit there and talk. 7 Q Okay. And the room with phones, there's-- so 8 it's like glass in between the 9 A Oh, no. You're not even ln the same place. 10 You're not -- it's kind of like-- they don't -- it's like a 11 video. It's like Skyping or something, you know. They're 12 not brought to the location. 13 Q Okay. 14 A It's-- they're still on the block, so they're- 15 but, you know, they're in the block and you're in the room, 16 and you're just talking on the phone. You can see each 17 other. 18 Q Okay. So you visited who? A friend of yours ln 19 jail. 20 A Yes. Brandon Carson. 21 Q And you visited him as a -- 22 A As a friend. 23 Q As a layperson over -- 24 A Yes. 25 Q -- the video? Page 69 1 A Yes. 2 Q Or you visited him in person as a lawyer? 3 A Well, as both. I was representing him, but then 4 I didn't want to abuse the attorney -- you know, I guess I 5 thought I was trying to do the right thing and not abuse my 6 attorney privileges, which I wish I did, because had I not 7 visited him in person, none of this would have happened. 8 Q Okay. Hold on. So 9 A I live, like, right around the corner from the 10 jail, and I went -- and I was -- and I visited this guy, 11 Brandon Carson. 12 Q Did you use your attorney credentials to get you 13 into an attorney interview room with Brandon Carson? 14 A I did it -- 15 Q Okay. 16 A --- because I was -- I was also representing him 17 as an attorney. 18 Q At the same time that he was a friend? 19 A Yes. 20 Q How do you define -- 21 A No, no 22 Q a friend? 23 A Hmm? 24 Q Go ahead. What were you going to say? 25 A Oh. No. I was going to say no, I -- he was a Page 70 1 friend before he got in trouble. I just -- I met him, we 2 became friends. And then -- 3 Q What is your definition of "friend"? 4 A Well, I mean, I'm just -- I just want you to know 5 I didn't -- I became friends with him not in the court 6 system. I just -- we were just friends. 7 Q Okay. And you -- he got put in jail. 8 A Yeah. He had a -- because he was on -- he 9 violated probation. 10 Q And you were going to represent him. 11 A Yes. 12 Q Did he pay you money to represent him? 13 A No. 14 Q Was there any type of retainer agreement? 15 A No. 16 Q Is there any type of file? 17 A Oh, yes. 18 Q Do you have it with you? 19 A No. 20 Q And so you represented him for how long? 21 A Mmm, probably -- not very long. Two months 22 maybe. 23 Q Okay. Do you remember when that was? 24 A Yes. It was -- I'm trying to remember when he 25 went to jail. Like probably May 2014 to July 2014, Page 71 1 something like that. 2 Q And how did the representation end? 3 A A prison sentence of I believe 30 months. 4 Q And you represented him throughout that whole 5 time. 6 A Right. Like I said, I think it was two months. 7 Q Okay. And how many times did you see him in the 8 attorney visit room during those two months? 9 A Mmm, maybe five. 10 Q I'd like to go back to Mr. Gall for a minute, 11 because I'm not sure I understand. Mr. Gall was your 12 client. 13 A Yes. 14 Q Was he also a friend? 15 A No. 16 Q Okay. So Mr. Gall had retained you to represent 17 him in a matter. 18 A Yes. 19 Q A criminal matter. 20 A Yes. 21 Q And Steve Sullivan was your friend -- 22 A Yes. 23 Q --- who was in jail. 24 A Yes. 25 Q Who you were not representing. ------~ --~---~-~ ---- Page 72 1 A Right. 2 Q Because he was just a friend. 3 A Yes. 4 Q And you put how much money? 5 A Gee, it was so long ago I don't even remember. 6 It wasn't a lot. Twenty or forty dollars, something like 7 that. 8 Q Into Mr. Gall's account. 9 A Right. 10 Q And the purpose of that was what? 11 A So Mr. Gall and Mr. Sullivan could eat food. So 12 they could order food from the commissary. 13 Q And the reason for not putting it in 14 Mr. Sullivan's account was what? 15 A He was in -- he was on lockdown, so he couldn't 16 order food. I guess they're not allowed to order commissary 17 if they're in lockdown. 18 Q So how was Mr. Gall supposed to get this food to 19 Mr. Sullivan if he was in lockdown? 20 A Well, I assume that -- I mean, I don't know. 21 I'm not back there. But I'm assuming they could -- or maybe 22 I mean, the lockdown's right there. It's on the block. 23 So I don't I'm assuming probably the same slot that he 24 would get his dinner tray probably. But .. 25 Q Have you ever put money in Mr. Sullivan's Page 73 1 commissary account before? 2 A Yes. 3 Q How much? 4 A Hmm, probably a hundred dollars. 5 Q What about Mr. Carson? 6 A A little. I mean, I'm not sure. Maybe a 7 hundred dollars or so. 8 Q Okay. And the money in Mr. Carson's account, 9 was that during your representation of him? 10 A Mmm -- mmm, maybe some of it. 11 Q I'm sorry? 12 A Maybe -- yeah. Yes. 13 Q Yes. 14 Okay. So during your representation from May 15 2014 to July of 2014, you put either a hundred dollars or 16 less into Mr. Carson's commissary account. A 18 Q All right. Did you meet with Warden McClellan at 19 any time? 20 A Yes. 21 Q How many occasions? 22 A Hmm. Let's see. One or two. 23 Q And what was the nature of those meetings? 24 A Hmm. Well, I guess -- hmm. Trying to remember. 25 To tell me I can't go into the jail. I don't know. Page 74 1 Q Okay. Did he have discussions with you about 2 rules at the jail? 3 A He didn't really say much. He just kind of 4 said it was more -- he didn't say anything, really. 5 Q You met with him and he didn't say anything. 6 A I mean, he says, "You got my letter. Did you 7 read it? And that's that." That's pretty much what he 8 said. 9 Q Okay. What about the second time you may have 10 met with him? What was that discussion? 11 A I mean, like I said, I met with him once when he 12 gave me the letter saying I couldn't go in anymore. And 13 then I met with him I think one more time, to ask him can I 14 please come back. 15 Q And he said? 16 A "No." 17 Q Okay. , 18 A Like, "Not yet. 19 Q Was it your understanding that this is a 20 permanent 21 A Well, no. No. He said -- 22 Q thing? 23 A "I'll review it." I mean, that was the thing 24 the first time. He acted like, "We'll review it in a couple 25 of months." Page 75 1 Q Okay. 2 A And then the next time, he kind of said, you 3 know, "Check back later" kind of thing. He didn't say it 4 would be permanent, no. 5 Q Okay. 6 A He said, "Maybe we'll review it again in a couple 7 of months" or something like that. 8 Q Okay. But you're still under that restriction 9 right now. 10 A Yes. 11 Q All right. I'm sorry. Back to Brandon Carson 12 for a minute. 13 A Right. 14 Q You said you met with him in jail, as an 15 attorney, approximately five times? 16 A Yes. 17 Q Okay. And that would have been in an attorney 18 visit room. 19 A Yeah. 20 Q In an attorney visit room -- I think we 21 discussed this earlier -- you can sit, like, at a table and 22 talk. 23 A But they're mostly like --they're all set up 24 like two chairs the table's up against the wall. You 25 know, it's kind of-- it's ~ement, so it's kind of like - Page 76 1 like cut this table in half. 2 Q All right. And so you're sitting at the same 3 table with each other. 4 A Right. Facing the wall. 5 Q You can touch each other if you wanted to. 6 A (No audible response). 7 Q Yes? 8 A Yes. 9 Q You could have him sign something -- 10 A Right. 11 Q --- if you needed him to. 12 A Yes. 13 Q Okay. All right. And are those rooms monitored 14 by a video? 15 A I don't think so. 16 Q Okay. The regular visitation, I would say, for 17 laypeople, as I'll call it, which is-- you explained was 18 like a video visitation. 19 A Yes. 20 Q Those are over video. 21 A Yes. 22 Q Are those monitored or recorded? 23 A I'd imagine they are. 24 Q Okay. 25 A May not, but I don't know. Page 77 1 Q Did you ever meet with Mr. Brandon over a video 2 visit -- 3 A Yes. 4 Q --- during May 2014 to July 2014? 5 A Yes. 6 Q Okay. So like a layperson visit. 7 A Yes. 8 Q Okay. And how many times was that? 9 A Probably like -- let's see. What is that? Two 10 months? Or .. 11 COURT REPORTER: I'm sorry? 12 MS. HADAD: I'm just thinking. 13 Probably like fifteen times. Well, no, maybe 14 ten. I'm not sure exactly. Maybe ten times. 15 BY MS. VICKERS: 16 Q Okay. So ten times as a lay visit between May 17 14th and July 14th -- I'm sorry --May 2014 to July 2014. 18 A Yes. 19 Q Okay. And then Mr. Sullivan. Did you ever meet 20 with him in an attorney visit room? 21 A Urn, yes. 22 Q Did you represent Mr. Sullivan? 23 A Urn, well, I he thought he might be having - 24 there was a time where he got kicked out of a program, and 25 that's when I went to meet with him about that, to see. Page 78 1 Q And do you remember like the month when that 2 would have been? 3 A This was at the other -- this time I'm talking 4 about was at the other-- there's the county jail and then 5 the facility. This was actually at the facility. And they 6 do have -- they have video cameras in there, in their room. 7 It's the women jail, and the facility where men-- sentence 8 guys, and he was in this drug thing, CDTP. 9 Q Right. But do you know what time frame, I'm 10 talking about, was he there? 11 A I'm thinking, yeah, probably October, September. 12 Somewhere between August and October. 13 Q Of what year? 14 A It was September of 2013. Yeah. 15 Q So August to October of '13? 16 A Yeah. August or September, I think. 17 Q Okay. And you were representing him during those 18 months? 19 A Well, no. I was - no. 20 Q Okay. Did you ever represent Mr. Sullivan? 21 A I mean, I did one - I did a thing for a 22 misdemeanor. Not the main thingy. I did a termination of 23 probation for a misdemeanor. 24 Q When was that? 25 A Hmm. Probably somewhere around that same time. Page 79 1 Probably October 2013. 2 Q Would that have been while he was in jail or out 3 of jail? 4 A He was in jail. 5 Q Okay. So during that same time frame. 6 A Yes. 7 Q And how long did that take to do? 8 A Oh, not long. Not long. That was basically one 9 court appearance. Just filed a motion, you know. A week 10 maybe. 11 Q All right. So the reason he was in that other 12 place, the drug program, who was represent- was that a 13 criminal charge that put him there? 14 A Yes. 15 Q Who was representing him on that? 16 A Ron Alexander. 17 Q Okay. So you did not represent - that was a 18 felony? 19 A Yes. 20 Q So you did not represent Mr. Sullivan on that 21 felony. 22 A No. 23 Q And did you meet with him, though, while he was 24 in that drug program? 25 A Well, like -- it was near that -- well, I met Page 80 1 with him once, I think, about that probation thing, the 2 termination for the misdemeanor. 3 Q And he was a friend of yours prior to going into 4 jail? 5 A Yes. 6 Q And 7 A Oh. And then I did -- and then I guess with that 8 whole -- then the one time I met with him with the violation 9 with all -- like I said, something happened in the program, 10 the CDTP thing, and I met with him about it, but I didn't 11 represent him. I ended up not representing him on it. 12 Q Did you meet with him as an attorney? 13 A Yes. 'Cause, I mean, I was thinking, you know - 14 you know, because he wouldn't tell me what happened, talked 15 to the other -- the witnesses why he got kicked out. 16 Q But he was represented by Mr. Alexander. 17 A Well, at the time, he didn't -- he wasn't really 18 rep- he was sentenced, so at the time, he wasn't -- it 19 was like in between being represented. You know what I 20 mean? He'd been sentenced to CDTP. 21 Q Okay. 22 A So after the sentence, his case was closed. 23 Q Okay. 24 A But then he got a violation, so -- I met with him 25 about the violation, but I didn't represent him. He ended Page 81 1 up having Ron Alexander represent him. 2 Q All right. 3 MS. VICKERS: I think, unfortunately, we have to 4 pause, because there is another deposition in this room 5 ln ten minutes. 6 MS. HADAD: Oh, gee. 7 MS. VICKERS: So we have to -- 8 MS. DAVIS: Continue. 9 MS. VICKERS: --- continue this deposition, 10 which -- so we'd like to, I think, go off record and 11 come up with a date that's mutual for all of us and 12 then go back on the record and formally do that. 13 MS. DAVIS: Yes. 14 MS. HADAD: Okay. ,-, 15 MS. VICKERS: Okay. So if we could go off record 16 for one moment. 17 (At 11:47 a.m., there is an off-the-record 18 discussion.) 19 MS. DAVIS: Okay. We're coming back on the 20 record, and we've confirmed that we will be continuing 21 this deposition in Orlando on next Thursday, April 9th. 22 We will send a notice of taking deposition with the 23 address of where you'll be coming to. But the 24 deposition has been continued to one o'clock p.m. on 25 Thursday, April 9th, in Orlando. Page 82 1 I'm going to go ahead and go over a couple things 2 that I'd like you to bring with you, and if Ms. 3 Vickers has some things that she wants you to bring to 4 the deposition, she'll give you those as well. 5 I'd like you to bring the original client file 6 for Brian Gall. I'd also like the original client 7 file for Brandon Carson. I'd like the client file for 8 Johnny Estevez, for Mr. Trizell Johnson -- I'd like 9 his original client file -- and also for Mr. Steven 10 Sullivan if you have a file for him. Please make sure 11 that all of these files include the written retainer 12 agreement 13 MS. HADAD: Okay. 14 MS. DAVIS: --- if there is one on the case. 15 And the plan is for me to take those files from you 16 MS. HADAD: Oh. Okay. 17 MS. DAVIS: at the deposition. So if you 18 need to make a copy for yourself to keep for later 19 reference, that's fine, but I will be taking those 20 files from you. 21 MS. HADAD: Okay. That's Brandon Carson, Brian 22 Gall, Trizell Johnson, and Steven Sullivan. 23 MS. DAVIS: And Johnny Estevez. 24 MS. HADAD: Oh, yeah. 25 MS. VICKERS: And the retainer agreements. Page 83 1 MS. DAVIS: Yes. 2 MS. HADAD: Right. 3 So you work at the public defender's office in 4 Orlando, huh? 5 MS. VICKERS: Yes. 6 MS. HADAD: Hmm. 7 MS. DAVIS: And with that, we're going to 8 continue the deposition MS. HADAD: 10 MS. DAVIS: ---till next week. So we'll go off 11 the record now. MS. HADAD: MS. DAVIS: MS. HADAD: 15 (Whereupon, on Wednesday, April 1, 2015, at 16 11:56 a.m., the foregoing proceeding was adjourned and is to 17 be continued on Thursday, April 9th, 2015, at one o'clock 18 p.m., at the offices of The Florida Bar, 1000 Legion Place, 19 Suite 1625, Orlando, Florida.) 20 * * * * * * * 21 22 23 24 25 Page 84 ERRATA SHEET Please indicate any corrections, clarifications, et cetera on this sheet. Do NOT write on the deposition. In the event you wish to utilize this sheet, please sign your name beneath the corrections or clarifications. 1. Page Line should read: --I 2 . Page I Line should read: 3. Page I Line should read: 4. Page I Line should read: 5. Page I Line should read: 6. Page I Line should read: 7 . Page I Line should read: 8. Page Line --I should read: 9. Page I Line should read: 10. Page I Line should read: 11. Page I Line should read: 12. Page I Line should read: 13. Page --I Line should read: 14. Page I Line should read: Page 85 SUBSCRIPTION OF DEPONENT STATE OF FLORIDA: ss: COUNTY OF ORANGE: Under the penalties of perjury, I, Linda Dawn Hadad, declare that I have this day read the foregoing deposition, and do hereby declare that the same is a true and accurate transcript of the proceedings had at the time and place herein designated (except for the notations as indicated on the foregoing Errata, if any.) LINDA DAWN HADAD Dated this day of ------' 2015 Page 86 CERTIFICATE OF OATH TATE OF FLORIDA: ss: OUNTY OF ORANGE: I, the undersigned authority, certify that inda Dawn Hadad personally appeared before me nd was duly sworn. Witness my hand and official seal this the 8th day of April, 2015. ====~~======~~Jn~ RITA M. MOTT, CVR Notary Public - State of Florida • ~~~ RITA M. MOTI p·:~!*i Commission# FF 185883 ~ \J~ · Expires March 10, 2019 : ...... ' .,,..._ ... ,, ______Bondld Thru Tror Flln tnl&nnai801J.315.1018_. Page 87 CERTIFICATE OF REPORTER TATE OF FLORIDA: ss: OUNTY OF ORANGE: I, RITA M. MOTT, Certified Verbatim eporter and Notary Public for the State of lorida at Large, do hereby declare that I was uthorized to and did report via Stenomask the eposition of Linda Dawn Hadad; that my tape was educed to typewritten form under my supervision; nd that the foregoing transcript is a true and omplete record of that tape. I further declare that I am not a elative, employee, attorney or counsel of any of he parties, nor am I a relative or employee of ny of the parties' attorney or counsel connected ith the action, nor do I have any financial 'nterest in the outcome of the action. Dated this 28th day of April, 2015. RITA M. MOTT, CVR IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) THE FLORIDA BAR, The Florida Bar File Nos. 2015-30,334(9D) Complainant, 2015-30,538(9D) 2015-30,592(9D) v. LINDA DAWN HADAD, Respondent. """"""""""""""""""""""""""""""""""""""""""""""""""""""""""""" CONTINUED DEPOSITION OF LINDA DAWN HADAD Before RITA M. MOTT, CVR On Thursday, April 16, 2015 At 10:27 a.m. 2010 North Palmetto Avenue, Suite 447 Daytona Beach, Florida 32114-3275 Transcription requested By: Keshara Darcel Davis, Bar Counsel Exhibit B Page 2 APPEARANCES: Keshara Darcel Davis, Bar Counsel The Florida Bar 1000 Legion Place, Suite 1625 Orlando, Florida 32801-1050 Melissa Vickers, Grievance Committee Chair 2324 Lee Road Winter Park, Florida ALSO PRESENT: Shirley Coleman, Staff Investigator The Florida Bar Page 3 TABLE OF CONTENTS TRANSCRIPT OF PROCEEDINGS TESTIMONY OF LINDA DAWN HADAD: Examination by Ms. Vickers ...... 4, 40, 67, 71, 126 Examination by Ms. Davis ...... 37, 63, 70, 117 ERRATA SHEET...... 129 SUBSCRIPTION OF DEPONENT...... 130 CERTIFICATE OF OATH ...... 131 CERTIFICATE OF REPORTER ...... 132 INDEX OF EXHIBITS The Florida Bar’s Exhibit No. 1 ...... 6 The Florida Bar’s Exhibit No. 2 ...... 21 The Florida Bar’s Exhibit No. 3 ...... 73 The Florida Bar’s Exhibit No. 4 ...... 75 Page 4 1 FOR YOUR INFORMATION 2 Within this transcript: 3 “---” at the end of a question or answer indicates an 4 interruption; 5 “. . .” indicates a trail-off by the speaker; 6 “Uh-huh” or “um-hmm” indicates an affirmative sound; 7 “Huh-uh” or “huh-hmm” indicates a negative sound. 8 * * * * * * * * * 9 PROCEEDINGS 10 April 16, 2015 10:27 a.m. 11 WHEREUPON: 12 (Having been administered the oath by the 13 court reporter, Ms. Hadad’s response follows.) 14 MS. HADAD: I do. 15 WHEREUPON: 16 LINDA DAWN HADAD 17 the Respondent herein, was called as a witness, and having 18 first been duly sworn by the court reporter, was examined, 19 and testified as follows: 20 MS. VICKERS: All right. We’re here resuming the 21 deposition of Linda Hadad. Today is Thursday, April 22 16th, 2015. The time is approximately 10:27 a.m. 23 BY MS. VICKERS: 24 DIRECT EXAMINATION (continued) 25 Q So last time we were speaking, we ended with a Page 5 1 discussion, I believe, regarding Brian Gall. 2 A Yes. 3 Q And he was a client of yours. 4 A Yes. 5 Q And you had put money in his commissary account. 6 A (Nods head affirmatively). 7 Q You have to say yes or no. 8 A Oh. Yes. 9 Q And that was for the purpose of what? 10 A To buy food. 11 Q For whom? 12 A For him and Steven Sullivan. 13 Q And why could you not put money in Steven 14 Sullivan’s account to buy food for himself? 15 A Um, I believe because he wasn’t allowed to order 16 food at the time. 17 Q Okay. So your intent was to bypass that rule so 18 that he could get food. 19 A Well, I mean -- I mean, Brian was allowed to order 20 food, so he was going to order food. I mean, I don’t know 21 what they were doing in there. 22 Q But the intent was that Brian would give food to 23 Steven. 24 A Yeah. They were both going to have food. 25 Q Okay. I’d like to show you -- Page 6 1 MS. VICKERS: Do you have any exhibit stickers? 2 BY MS. VICKERS: 3 Q I’d like to show you a handwritten letter that is 4 signed by Brian Gall. 5 A Um-hmm. 6 Q Could you review that. 7 MS. DAVIS: This is Exhibit 1, right? 8 MS. VICKERS: Yes. 9 MS. DAVIS: Because we haven’t put anything else 10 in. 11 MS. VICKERS: This will be Exhibit 1. 12 (The Florida Bar’s Exhibit No. 1 is marked 13 for identification.) 14 MS. HADAD: I just can’t -- can you tell what that 15 one word is? That’s the only thing. I can’t tell what 16 he said. “I was stopped.” 17 MS. VICKERS: “Strip-searched.” 18 MS. HADAD: Oh. Oh. “Strip-searched.” Okay. 19 Okay. 20 BY MS. VICKERS: 21 Q Is that an accurate account of what happened on 22 your end? 23 A Um, yeah, I would say so. 24 Q Okay. We also talked about that you had visited 25 Mr. Carson, Brandon Carson, in jail. Is that accurate? Page 7 1 A Yes. 2 Q And was he a client at the time you visited him in 3 jail? 4 A Yes. 5 Q Okay. And you had some sort of friendship with 6 him? 7 A Yeah. We were friends before he went to jail or 8 the violation. 9 Q And so when did your representation of Brandon 10 Carson begin? 11 A Hmm. Let me think. I believe around May. 12 QO Of what year? 13 A Of 2014. 14 Q Okay. 15 A Whenever he went to jail for the . . . 16 Q When did you first meet Brandon Carson? A 17 March of 2014. 18 Q And how did you meet him? 19 A He contacted me about possibly representing 20 somebody. 21 Q Okay. Were you in private practice by then? 22 A Yes. 23 Q Okay. And he called you out of the blue? 24 A Yes. 25 Q You’d never met him before? Page 8 1 A Huh-hmm. 2 Q Yes or no? 3 A Yes. 4 Q And contacted you to represent whom? 5 A Um, I can’t remember right off the top of my head. 6 Q Okay. So how did you-all develop that into a 7 friendship if he was basically calling you just to hire you 8 for someone? 9 A Um, we just started talking, became friends. 10 Q Okay. How do you define “friendship”? 11 A Well, I mean -- what do you mean? 12 Q What was the nature of your relationship with 13 Brandon Carson? 14 A Um, well, we did have a sexual relationship. 15 Q Okay. Was that before he went into jail? 16 A Yes. Um-hmm. 17 Q Okay. Did any of that happen while he was in 18 jail? 19 A No. 20 Q And did that continue after he was out of jail? 21 A Well, he hasn’t been out. 22 Q He’s been in ever since. 23 A Yes. Um-hmm. 24 Q Okay. Are you still in contact with Mr. Carson? 25 A Um, I did talk to him recently. But before that, Page 9 1 I hadn’t talked to him in a long -- several -- a long time. 2 Since last year. 3 Q Okay. Is he under a sentence right now, or is he 4 --- 5 A Yes. 6 Q --- pending? 7 A He’s sentenced. 8 Q Okay. And when did your representation of him 9 conclude? 10 A Let’s see. I mean, it was really brief. Let me 11 think. When he took -- let me see. I mean, I could tell 12 you exactly if I looked it up, but I’m trying to remember 13 when he got sentenced. Mmm. Can I check the record? 14 Q What would you be looking at? 15 A Just the clerk of court website so I could see 16 when he entered a plea. 17 Q Okay. Did you happen to bring your file with you 18 on Brandon Carson? 19 A Actually, no. I didn’t bring -- I know. I need 20 to get them all to you. 21 Q Did you bring your file on Trizell Johnson? 22 A No. 23 Q Did you bring your file on Johnny Estevez? 24 A No. But I will get them all to you. I’ll drive 25 them out there or something, or . . . Page 10 1 MS. DAVIS: At the conclusion of the last depo, I 2 asked you to bring them. 3 MS. HADAD: I know. I realize that. And I had 4 them set aside and then forgot to bring them. 5 MS. VICKERS: Can you have them to her by 6 Wednesday of next week? 7 MS. HADAD: Yes. Yeah, that’s fine. Um-hmm. 8 MS. VICKERS: The 22nd. 9 MS. HADAD: Yes. I’ll write them down. And even 10 if -- I’ll drive out there if I have to. 11 MS. VICKERS: If they are not to her by Wednesday 12 of the 22nd, we will probably have to institute legal 13 action -- 14 MS. HADAD: Okay. 15 MS. VICKERS: --- in order to get that. 16 MS. HADAD: Okay. I understand. 17 MS. VICKERS: Okay. 18 MS. HADAD: I know. It’s just -- I mean, you 19 know, this is all scary to me, you know. 20 BY MS. VICKERS: 21 Q Does July 2014 sound accurate as to when he was 22 sentenced? 23 A Yes. 24 Q Okay. So you would have known him from March 2014 25 until now. Page 11 1 A To present, yes. 2 Q Okay. Are you still in a relationship with him? 3 A Um, no. 4 Q All right. We talked before also about 5 medication. You said you’re not on any medication. 6 A Yes. 7 Q Have you ever been diagnosed with any type of 8 mental illness? 9 A Um, well, I was anorexic when I was a teenager. 10 Q Okay. 11 A That’s it. But I didn’t -- I was -- starved 12 myself for like a year and a half, and then my mom put me in 13 just a regular hospital to get me to gain weight, and I did. 14 And then -- but I wasn’t -- still didn’t see myself the way 15 everyone else saw me, so I lost weight again. But then 16 somehow I just -- I guess I got hungry. I don’t know. So I 17 just got over it on my own. I just started eating again and 18 gained weight. And then . . . 19 Q Okay. So you were hospitalized for how long? 20 A Um, gee. It’s hard to remember, ‘cause it was so 21 long ago. I was like 14. I mean, like I said, it was a 22 regular hospital. It wasn’t a -- you know, a psychiatric 23 ward. It was mainly just to get me to gain weight. 24 Q Okay. 25 A So I’m trying to remember. I think at least two Page 12 1 weeks. 2 Q Okay. And you were not hospitalized again after 3 that? 4 A No. 5 Q Okay. Were you in some sort of car accident? 6 A Yes. Yeah. 7 Q What year was that? 8 A That was in 2003. 9 Q And how long had you been practicing at that 10 point? 11 A Um . . . 12 Q When were you admitted to the bar? 13 A 2002. 14 Q Okay. And you were working at the public 15 defender’s office -- 16 A Yes. 17 Q --- when that car accident happened? 18 A Um-hmm. 19 Q You have to say yes or no. 20 A Yes. 21 Q And what -- 22 A I’d been working there I would say just about 23 almost exactly a year. 24 QO Okay. And what was the extent of your injuries? 25 A Um, it was pretty bad. I’m lucky I’m here Page 13 1 and -- I broke my neck, or fractured a vertebra, C6-C7, and 2 my right femur was broken in two places. 3 And probably the worst -- the main injury, really, 4 was because I was trapped in the car for probably about six, 5 seven hours, so my circulation was cut off, you know, 6 basically from my upper thighs down. So I had something 7 called -- you know, it’s like a crush injury. I had 8 compartment syndrome, they call it. And, like, because of 9 the pressure, it kind of -- it damaged the nerves in my 10 legs. 11 And they had to make incisions like from the top 12 of my knee to the end of my ankles on both legs and then 13 from above my knee to pretty much all the way up my upper 14 thigh on my right leg, to I guess release the pressure. So 15 that took -- that was like three weeks. 16 And then -- but anyway, I basically have nerve 17 damage in my feet. Like, for -- for a long time, I couldn’t 18 move my feet at all. And -- and I also had it up here. And 19 I also had -- again, because of the crush, because this leg 20 was pinned more ‘cause the steering wheel, so I also had 21 muscle damage in my quadricep. 22 So they kind of -- ‘cause they had to leave those 23 incisions open for three weeks, they kind of removed some 24 muscle along the way as it was dying. So . . . 25 Q And how long were you hospitalized for, for that? Page 14 1 A I was in intensive care for like a month. I would 2 say I was in the -- I was in intensive care for a month. I 3 was in the regular hospital -- you know, I was in Halifax, 4 total, for probably six weeks, and then I was in rehab 5 hospitals for another two months. So three -- three months 6 total. And I didn’t work for nine months. And then I -- it 7 took me a couple of years before I could walk without any 8 assistance. 9 Q Were you ever diagnosed with any type of head 10 injury from that accident? 11 A Um, well, kind of, but not really. I mean, I 12 bumped my head, but also they called it a head injury. And 13 also just like -- ‘cause I broke my neck, they called it a 14 spinal cord injury, which, obviously, I’m very lucky, 15 because I’m not paralyzed, ‘cause that would be horrible, 16 you know, from here down. You know, you couldn’t really 17 have a good life at all. 18 But, I mean, I bumped my head, but it wasn’t - 19 like, they had me do all these exercises and concluded I 20 didn’t have any brain problems. 21 Q So there was no type of neurological -- 22 A Right. 23 Q --- injuries? 24 A Right. 25 Q Okay. Page 15 1 A Fortunately. 2 Q Let’s go back to Brandon Carson. You said that 3 you visited him while he was in jail, between May 14th and 4 July 14th, approximately five times, as an attorney. 5 A Yes. 6 Q Is that correct? 7 A Yes. 8 Q And approximately ten times as a layperson. 9 A Yes. 10 Q Okay. What would be the difference between the 11 attorney visit and the layperson visit with Mr. Carson? 12 A Well, the attorney visit, it’s kind of just like 13 this, you know. We’re sitting together, you know, at a 14 table, in an open room versus -- their jail visitation is - 15 like, you’re sitting at a computer monitor in a little room, 16 and -- and then they’re still on the block. They don’t 17 really bring them. Just you visit them over a phone and, 18 like, talk on the screen. 19 Q Would there be a difference in the substance of 20 your visits between your attorney visit and your layperson? 21 A Well, yes. 22 Q Okay. 23 A I mean, I could talk -- 24 Q Could you explain that. 25 A Yes. When I went to visit him as an attorney, I Page 16 1 was talking to him about his case and, you know, the 2 defenses. “What do you want to do?” And . . . 3 Q Okay. And that would have been five times in 4 approximately two months. 5 A Yes. 6 Q Okay. 7 A Then, you know -- yeah, really, I just -- I wish I 8 never went to visit him as a friend, because that’s -- I 9 thought I was -- you know, I didn’t want to take advantage 10 of having a bar card. You know, I thought I would visit him 11 as a friend rather than visiting him at the jail. 12 But I feel like it was, like, as soon as they saw 13 that I was visiting him as a friend, on a personal level, 14 that’s when they, like, freaked out and just stop -- you 15 know. And that’s when they, like, first said I couldn’t 16 visit him as an attorney anymore. And then they just, like, 17 said I couldn’t visit anyone in person, which I just -- you 18 know, people -- there’s -- people gossip so much, and 19 there’s so many rumors. I didn’t want to make a big deal 20 about it because I didn’t want everyone talking about me. 21 But I really wish I’d fought ‘em harder, because 22 here we are, and it really wasn’t fair. 23 Q And you gave Mr. Carson, I believe, approximately 24 $100 in commissary money while he was in jail? 25 A Yes. Page 17 1 Q All right. Now . . . 2 A Because, I mean, I would -- I would never bring 3 anything in to an inmate in the jail. I never did anything 4 like that. They never found any evidence, anything like 5 that, but . . . 6 Q Did you ever talk to Mr. Carson over the jail 7 phone as a layperson? 8 A Yes. 9 Q And did you ever talk to Mr. Carson about other 10 clients’ cases? 11 A Um, he might have -- if there was someone that he 12 might have wanted me to represent or something like that. 13 But I never told him anything confidential. I mean, maybe 14 something about on a police report or something, but nothing 15 confidential. 16 Q Do you make it a habit to share police reports of 17 one client’s cases with another client? 18 A No. 19 Q All right. Did you ever make plans to visit Mr. 20 Carson in jail as an attorney visit but to make sure it was 21 at a certain time so certain guards would not be there? 22 A Mmm, I can’t say for sure. I’m trying to 23 remember. 24 Q Okay. I want to go back real quickly to drug use. 25 We spoke about that. And I want to make sure I’m correct. Page 18 1 Because we had talked originally, and then some other 2 substances had been added on. 3 So you said that you had used crack approximately 4 ten times. Is that accurate? 5 A Yes. 6 Q And the last time you used it was approximately a 7 year and a half ago. 8 A Yes. 9 Q You said you used cocaine approximately ten times. 10 Is that correct? 11 A Yes. 12 Q And the last time you said you used was 13 approximately two years ago. 14 A Yes. 15 Q You said you used ecstacy approximately twenty 16 times? Is that correct? 17 A Yes. 18 Q And the last time you used that was approximately 19 ten years ago. 20 A Yes. 21 Q You said you’d used marijuana approximately ten 22 times. Is that correct? 23 A Yes. 24 Q And the last time you used that was approximately 25 one year ago. Page 19 1 A Yes. Um-hmm. 2 Q And you said you’d used meth approximately three 3 times? 4 A Yes. 5 Q And the last time you used was approximately one 6 year ago. 7 A Yes. 8 Q Was there any other type of drug you used, or just 9 --- 10 A Well, now -- well, let me think. I do remember I 11 did try acid. 12 Q Okay. When was that? 13 A Gee, that was a long time ago. Probably, oh, 14 fifteen to twenty years ago. Well, no. Well, probably 15 twenty-five -- 16 Q Twenty-five years ago? 17 A No. No. I’m trying to think of how old I was. 18 Probably seven -- eighteen years ago or in that ballpark. 19 Q Okay. And how many times did you try acid? 20 A Mmm, I think probably five times. 21 Q Okay. Any other substance we have not discussed? 22 A That’s all I can think of right now. 23 Well, I mean, I’ve taken Xanax before. 24 Q Was that prescribed -- 25 A No. Page 20 1 Q --- or not prescribed? 2 Okay. Approximately how many times? 3 A Maybe, oh -- oh, gee. Maybe five to ten times. I 4 mean, that would just -- more if I just had trouble falling 5 to sleep or something. 6 Q And when was the last time you took Xanax? 7 A Oh, probably about a year to two years ago. 8 Q And where would you get Xanax from? 9 A Um, it’s hard to remember. I mean, somebody else 10 that had a prescription or . . . 11 Q Would you buy them, or people would give them to 12 you? 13 A Um, would give them to me. 14 Q Okay. Any other drugs? 15 A No. 16 Q Subscription medication that you were not 17 subscribed. 18 A No. 19 Q And with your injuries, you’re not on any 20 prescription medication at this time? 21 A Not right now. Right. Right. Obviously, I was, 22 but a while ago. 23 Q All right. I’d like to play you an audio. 24 25 Actually, wait, first. Page 21 1 I want to show you what is going to be marked as 2 Exhibit 2. It is five pages long, and it is titled “Jail 3 Management System Movement History” for Brandon Carson. 4 Could you look through this and just tell me if the entries 5 with your name on it are attorney visits or lay witness 6 visits, if you know. 7 (The Florida Bar’s Exhibit No. 2 is marked 8 for identification.) 9 (There is a brief pause as Ms. 10 Hadad is reviewing the exhibit.) 11 BY MS. VICKERS: 12 Q Okay. In reviewing that, are you able to tell 13 which ones would be lay visits or would those be attorney 14 visits? 15 A I mean, I’m pretty sure they’re all regular 16 visits. 17 Q Okay. When you say “regular,” you mean layperson 18 visits? 19 A I mean -- yeah. That’s -- ‘cause this is not what 20 they use to . . . 21 Okay. Well, now, I did actually take Adderall 22 before. 23 Q Okay. When was that? 24 A Mmm -- mmm. Oh, this all just sounds so bad. 25 Let’s see. It was, well, within the past few years. Page 22 1 Probably a long -- last time, about a year ago. 2 Q How many times did you take Adderall? 3 A Um -- mmm, probably about, yeah, twenty times 4 maybe. 5 Q And was that prescribed to you? 6 A Umm, no. 7 Q No. 8 Where would you have gotten that from? 9 A Um, mostly from friends. 10 Q Would you purchase that, or people would give you 11 the -- 12 A It would have been given to me, but I had bought 13 it before too. Usually, it was given to me. 14 Q And why would you take Adderall? 15 A Um, just makes you, like, awake, motivated. 16 Q Okay. And then would you take that before court? 17 A Um, no. 18 Q What about Xanax? Did you take that -- 19 A No. No. 20 Q --- before court? 21 A That just makes you tired. 22 Q All right. Well, what was the -- when would you 23 take Adderall, normally? 24 A Oh, just to -- mmm. Mmm, it’s hard to say. Maybe 25 just to do housework or, you know, typing stuff or . . Page 23 1 . 2 Q Are you aware that it is a crime to have a 3 controlled substance that is not prescribed to you, such as 4 Adderall? 5 A Yes. 6 Q Are you aware that it’s a crime to have Xanax in 7 your possession if it is not sub- -- prescribed to you? 8 A Yes. 9 Q I’d like to play you an audio clip. And I’m just 10 going to play a little bit of it and stop it just so we can 11 identify -- 12 A Okay. 13 Q --- who’s speaking on the audio. 14 A Well, and I have -- also have taken prescription 15 painkillers. 16 Q And when was the last time you took prescription 17 painkillers? 18 A Um, probably about six months ago. 19 Q Okay. And what would that be for? 20 A What do you mean? 21 Q What -- well, first of all, what kind of 22 painkillers? 23 A Um, well either oxycodone or Lortab. 24 Q Are those prescribed? 25 A Um, well, I have been prescribed them, but I have Page 24 1 taken them without prescription. So . . . 2 Q Okay. So six months ago would have been the last 3 time -- 4 A Yes. 5 Q --- you used? 6 And when you took them six months ago, was that 7 under prescription or no? 8 A No. 9 Q Okay. And where would you have gotten those from? 10 A Just from friends. 11 Q And what would you have taken those for? 12 A Um, maybe just pain sometimes. 13 Q Okay. Have you been to your doctor to ask for a 14 prescription? 15 A I mean, I can -- no. I should probably go back 16 and get a prescription so I won’t be in this issue. I mean, 17 I’ve had a prescription, and I just let it run out. 18 Q Okay. And you’re aware that it’s illegal to 19 possess oxycodone or Lortabs -- 20 A Right. 21 Q --- that are not prescribed to you. 22 A Well, yes, and that’s -- obviously, that’s why 23 it’s hard for me to tell you all this, you know. 24 Q Okay. 25 All right. So for the record, I am playing Call Page 25 1 No. 11 from a CD that is entitled “Brandon Carson Calls from 2 Jail.” 3 (Recording begins below) 4 RECORDED VOICE: An inmate at the Volusia County 5 Division of Corrections. This call is subject to 6 recording and monitoring. To accept charges, press 1. 7 To refuse charge -- Thank you for using Securus. You 8 may start the conversation now. 9 MR. CARSON: Oh, now you want to pick up the 10 phone. 11 MS. HADAD: Yeah, now I want to pick up the phone. 12 Wha’s up? 13 (Recording is paused) 14 MS. HADAD: (Laughter). It’s hard to hear 15 yourself talking. 16 BY MS. VICKERS: 17 Q Okay. So for the record, the female on this phone 18 call is who? 19 A That would be me. 20 Q And who would the male on the phone call be? 21 A That’s Brandon Carson. 22 Q Okay. 23 A Oh, God. 24 Q I’m going to proceed playing it. 25 (Recording is resumed) Page 26 1 MS. HADAD: Sorry, babe. I don’t want you to get 2 mad. Don’t get mad. Please. 3 MR. CARSON: What’s wrong? Why didn’t you -- 4 MS. HADAD: Oh, nothing. No, I -- well, when you 5 called at five, I just missed it. We went by -- we 6 stopped at Barnes & Noble after the movie, and then 7 when you called the next time, I was ready, and it was 8 like I kept -- was hitting 1 and it didn’t answer. It 9 was like -- I think it thought I was trying to unlock 10 -- do you have to unlock the screen to answer it? 11 MR. CARSON: No (indiscernible). 12 MS. HADAD: Or no. Didn’t think so. But maybe 2 13 -- maybe another button got hit before I hit 1. I 14 don’t know. It just wasn’t registering the 1. And 15 then it took too long, and then you hung up again. 16 It’s fine right now. And then just now we were just 17 driving back, and I think I figured it out. I didn’t 18 have the -- the ring -- their volume was super low, 19 and the vibrate wasn’t on. So I’ve modified it, so I 20 shouldn’t have a problem now. 21 MR. CARSON: I was upset ‘cause I couldn’t get a 22 hold of you. Was scared. 23 MS. HADAD: I know. Don’t be mad. Please. 24 MR. CARSON: I’m not mad, babe. I was just scared 25 (indiscernible) didn’t want to talk to me no more. Page 27 1 MS. HADAD: Of course not. I’m mad every time I 2 miss the call. 3 MR. CARSON: (Laughter). (Indiscernible). 4 MS. HADAD: I know. Well, the -- the fast couple 5 when I was driving, I didn’t really hear. Like I said, 6 after I got here, decided to look at it. ‘Cause I 7 could not hear it. 8 MR. CARSON: Yeah. I was like, What the fuck, 9 man. I was so pissed off. 10 MS. HADAD: But yeah, I just -- it wasn’t on 11 vibrate when the phone rang. ‘Cause -- ‘cause, you 12 know, I was thinking if it was in my pocket, at least 13 I’d feel it vibrate even if I didn’t hear it. But it 14 wasn’t on. 15 MR. CARSON: I miss you, baby girl. 16 MS. HADAD: I miss you too. 17 What’d you have for dinner? 18 MR. CARSON: Chicken patty again with fuckin’ 19 rice. (Laughter). 20 MS. HADAD: Which one’s better, the vegetarian 21 patty or that one? (Laughter). 22 MR. CARSON: (Laughter). Vegetarian patty. 23 (Laughter). 24 MS. HADAD: I was thinking probably. 25 MR. CARSON: The vegetarian patty tastes more like Page 28 1 their friggin’ chicken than this does. (Laughter). 2 (Indiscernible) be a vegetarian patty. 3 MS. HADAD: Yeah, it might be. Who knows. 4 MR. CARSON: Yeah. 5 MS. HADAD: Five percent chicken. 6 MR. CARSON: I miss ya. 7 MS. HADAD: I miss you too. 8 Oh. I meant to -- I guess you got moved. You - 9 you don’t get to talk to that guy that wanted the lady 10 to call Miguel, right? 11 MR. CARSON: Yeah, I got moved from him. Why? 12 What’s goin’ on? 13 MS. HADAD: She does not have -- I guess her phone 14 got destroyed or something. She doesn’t have Miguel’s 15 number. Course he probably doesn’t have it memorized 16 either, but . . . 17 MR. CARSON: Oh. All right. Well, I’ll let him 18 know that next time I see him. 19 MS. HADAD: Yeah. If you see him, see if -- if he 20 knows the number, let me know, and I’ll text it to her. 21 22 MR. CARSON: Okay. Do you have a pen and paper? 23 Somebody else whatever wanted you to call somebody for 24 ‘em and ask if they’re bonding him -- bonding them out 25 on the 30th. But, you know, I’m not gonna pressure Page 29 1 you. You don’t have to, baby, if you don’t want to. 2 You can always tell me “I don’t have a pen. I don’t 3 want to do it right now.” Just always -- don’t ever 4 feel afraid to say that, okay? 5 MS. HADAD: Okay, babe. I won’t. But I’ve got 6 time right now. 7 What is it? 386? 8 MR. CARSON: No. It’s 407. 407-280 -- 9 MS. HADAD: Um-hmm. 10 MR. CARSON: You ready? 11 MS. HADAD: Um-hmm. 12 MR. CARSON: --- 1429. Her name is Danielle. Ask 13 her if she’s bonding DJ out on the 30th. Okay? 14 MS. HADAD: Okay. 15 MR. CARSON: All right. 16 Anyways, baby girl, what are you doing? 17 MS. HADAD: Like I said, we just got back. 18 Oh. Let’s see. I bought us a dope 19 (indiscernible) book. 20 MR. CARSON: You bought us a dope (indiscernible) 21 book. All right. 22 MS. HADAD: At Barnes & Noble. It made me think 23 of you. 24 MR. CARSON: (Indiscernible) baby girl --- 25 MS. HADAD: If I get bored -- Page 30 1 MR. CARSON: You gonna -- 2 MS. HADAD: --- I’ll do the puzzle. 3 MR. CARSON: Are you gonna send me a book, babe? 4 Are you gonna get on Amazon and start sending me a 5 book? 6 MS. HADAD: Yes, I will. I was just thinking 7 about that too. I guess I can do that whenever, huh? 8 MR. CARSON: Yeah. You can do that right now --or 9 whenever you want, you know. No pressure, baby girl. 10 MS. HADAD: No, I know. 11 MR. CARSON: You know Daddy will -- Daddy doesn’t 12 care what you do. I just want you to be there for me, 13 baby. 14 MS. HADAD: I know. 15 Let’s see. Behind -- Behold A Pale Horse, right? 16 MR. CARSON: Behold A Pale Horse. That’s number 17 one. I must find out everything and study. 18 MS. HADAD: The Secret Doctrine. 19 MR. CARSON: The Secret Doctrine’s the one that I 20 want to get the most, besides the Pale Horse. Can you 21 send both of those at the same time? 22 MS. HADAD: Sure. 23 MR. CARSON: I mean, that’s if it’s not too much, 24 baby. I know that’s a -- 25 MS. HADAD: Um-hmm. Page 31 1 MR. CARSON: You know what I’m sayin’? Just check 2 whatever and see how much it is. Because I really want 3 to read The Secret Doctrine too, but I really want 4 Behold The Pale Horse too. Like, both of those are, 5 like, extremely important books, you know. So -- like, 6 I’m not even gonna let nobody read that in here. 7 MS. HADAD: Hmm. 8 MR. CARSON: Because that -- I just feel like a 9 lot of information is just not meant for a lot of 10 people. 11 MS. HADAD: Right. If I don’t get them both at 12 once, I can always get one and then the other. 13 MR. CARSON: Of course, baby girl. 14 I just miss you. 15 MS. HADAD: I miss you. 16 Oh. So then -- yeah, then there was a preview 17 about a movie about using more than 10 percent of your 18 brain, and I thought of you. Yeah. I was like, Okay, 19 that’s weird. 20 MR. CARSON: See, I told you. Evolution. That’s 21 one thing our government has been keeping from us as 22 human beings. We are meant to evolve. 23 MS. HADAD: She evolves to -- I think she gets to 24 a hundred percent. But no, I was just thinking it 25 was -- think -- thought it was weird because we’ve Page 32 1 talked about it before. 2 MR. CARSON: It’s because I’m brighter than most, 3 baby. I’m already a step ahead. (Laughter). I told 4 you. 5 MS. HADAD: Right. It reminded me of you. 6 MR. CARSON: As human beings, we’re meant for 7 great things. That’s why we’re so dangerous. That’s 8 why we’re on the verge of extinction. We don’t know 9 how to use it. We run around like the Neanderthals. 10 (Laughter). That was like -- I forgot what that was 11 off of. It was off of a fuckin’ song. That’s the 12 reason why I said that. 13 MS. HADAD: Hmm. 14 MR. CARSON: My back is killin’ me. I’m, like, 15 tryin’ to find, like, all different types of way, 16 whatever, to, like (indiscernible) up against the phone 17 and shit. (Laughter). My damn legs are killin’ me. I 18 done stood up in the phone like -- for like ten minutes 19 dialing the number back to back to back to back. 20 (Laughter). 21 MS. HADAD: I’m sorry. 22 You have any more friends back there? 23 MR. CARSON: Yeah. 24 MS. HADAD: In that unit? 25 MR. CARSON: Yeah. I know everybody. Page 33 1 MS. HADAD: Oh, okay. 2 MR. CARSON: I know everybody in every unit. 3 Every unit I go to. I know people on 6 -- 5, 6, 7. I 4 know people in 8 and 9. I got people all over the 5 jail. I can go to anybody. 6 MS. HADAD: Oh. The movie’s called “Lucy.” 7 MR. CARSON: Huh? 8 MS. HADAD: I remember the name. It’s called 9 “Lucy.” 10 MR. CARSON: Lucy? 11 MS. HADAD: Yeah. It’s kind of a dumb name. It 12 comes out August -- 13 MR. CARSON: See, that’s the -- 14 MS. HADAD: --- 8th. 15 MR. CARSON: There’s a reason for it, though. I’m 16 tellin’ you. It’s probably called “Lucy” because they 17 probably had something like this actually occur. You 18 gotta pay attention to things like this. You hear me, 19 baby? 20 MS. HADAD: Um-hmm. Could be. Or someone could 21 have just wrote it. Yeah, that could have been your 22 movie idea, ‘cause you should have -- could have 23 written that movie. 24 MR. CARSON: Could have been, baby. 25 I miss you, baby, so much. Page 34 1 I have a bunch of movie ideas. They ain’t ready 2 for me. (Laughter). 3 MS. HADAD: I watched -- oh. And I watched 4 something in Godzilla about 1954. 5 MR. CARSON: Huh? 6 MS. HADAD: There was something in Godzilla about 7 1954. 8 MR. CARSON: Yeah. I think there was like a -- um 9 -- like a -- uh -- like, there’s a big -- I -- I know 10 there’s something happened over in Hiroshima that -- 11 Heroshama (phonetic), or whatever it’s called. 12 MS. HADAD: Maybe that was 1954? 13 MR. CARSON: Yeah. I think that happened in 1954, 14 when there was like a big radiation blast, whatever, 15 from an atomic bomb, and a bunch of people got infected 16 and -- and -- and caught like a disease, like a 17 radiation disease, and like -- 18 MS. HADAD: Right. 19 MR. CARSON: And it was, like, ignored and shit. 20 Like, that actually happened or whatever. But -- and 21 then they’re tryin’ to say Godzilla got -- a lizard got 22 infected with radiation and that (indiscernible) to 23 Godzilla, you know. 24 MS. HADAD: Mmm. 25 MR. CARSON: But that’s what they were tryin’ - Page 35 1 tryin’ to say about that. But . . . 2 I don’t know, babe. I just miss you. I want to 3 see you as soon as possible. When are you gonna come 4 see me next? 5 MS. HADAD: Probably Tuesday or Wednesday. 6 MR. CARSON: Huh? 7 MS. HADAD: Tuesday or Wednesday, I would think. 8 MR. CARSON: Well, you can’t come see me during 9 visitation on Tuesday. Okay? 10 MS. HADAD: What’d you say? 11 MR. CARSON: You would have to come see me in 12 person. 13 MS. HADAD: (Indiscernible) on Tuesday. 14 MR. CARSON: Yeah, on Tuesday. ‘Cause I can’t 15 have more than one visitation on the same day. 16 MS. HADAD: Oh, okay. Oh, I didn’t know that. 17 MR. CARSON: Yeah. 18 Baby girl. 19 MS. HADAD: And now I’m thinking, Okay, so then 20 the ones that worked last weekend were off this 21 weekend, which means they work Monday and Tuesday. 22 MR. CARSON: Yeah. So Monday and Tuesday, 23 whatever, there’s gonna be a different shift. The 24 ones that were just working whenever you were on - 25 whenever you came, they don’t work Monday or Tuesday. Page 36 1 MS. HADAD: Yeah. Yeah, you’re right. Yeah, it 2 seems -- like you said, it feels like it was longer. 3 I was thinking that was like a week ago. I’m like, 4 Yeah, that was yesterday. 5 MR. CARSON: Can you come see me Monday or 6 Tuesday? 7 MS. HADAD: Yes. Or I’ll come visit you 8 Wednesday. I don’t know. I haven’t decided. 9 MR. CARSON: Well, just tell ‘em -- 10 MS. HADAD: But yeah, it will be different 11 people, right? Yeah. 12 MR. CARSON: Just -- just tell ‘em it’s your 13 daddy. Come see me. 14 (Recording is paused) 15 BY MS. VICKERS: 16 Q Okay. So in that call, were you making plans to 17 come see him? 18 A Um, yes. I can’t remember if I actually did, but 19 . . . 20 Q And were you making sure that different shifts 21 would or would not be on when you went and saw him? 22 A I mean, yeah. Obviously we were talking about 23 that. But . . . 24 Q And what was the purpose of making sure certain 25 shifts were not on when you went to see him? Page 37 1 A That’s the thing I cannot remember. 2 EXAMINATION (continued) 3 BY MS. DAVIS: 4 Q And also, just really quick, the regular 5 visitations, when you said you would go as a layperson, 6 those are the visits where you said you would be behind a 7 glass talking to him on the telephone or seeing him on a 8 screen? 9 A Yeah. We’re not -- you’re not even in the same 10 room. It’s kind of like -- it’s kind of like a Skype. They 11 keep them on the block. 12 Q Okay. 13 A They -- you see them on a computer screen, but 14 they’re not even in the same building. 15 Q And the attorney visits are in person. You’re 16 sitting at a table -- 17 A Yes. 18 Q --- like you’re sitting here. 19 And he mentioned during this call that he’s not 20 allowed to have more than one visitation in a day. Is he 21 talking about a layperson visit? 22 A Yes. 23 Q So in this call, he asked you to come and visit 24 him in person because he could not have more than one 25 regular visitation in a day; is that correct? Page 38 1 A Yes. 2 Q Okay. And based on what I heard on the call, it 3 didn’t appear that you-all were talking about any legal 4 matters during this particular call, regarding the visit. 5 Is that correct? 6 A That’s correct. 7 Q Okay. Because he said multiple times, “Baby, I 8 miss you,” and you also said that back as well. 9 A Yes. 10 Q Is that correct? 11 And so when he said, “Come and visit me in 12 person,” he wanted you to come as an attorney to visit him 13 so you-all could do what? 14 A It’s just ‘cause -- so he could see me. 15 Q Okay. But not about his case. Because he missed 16 you and because you missed him? 17 A Right. I mean, I’m sure we would have talked 18 about his case if I went, but . . . 19 Q But he didn’t mention the case on this call -- 20 A No. 21 Q --- did he? And you didn’t mention the case on 22 this call, did you? 23 A No. 24 MS. VICKERS: Okay. Let’s play another call for 25 you. This is No. 3, off the same disc. Page 39 1 MS. HADAD: Oh. I need to find a husband. Oh, 2 this is so embarrassing. 3 (Recording begins below) 4 RECORDED VOICE: Hello. This is a prepaid collect 5 call from -- 6 MR. CARSON: Brandon. 7 RECORDED CALL: --- an inmate at the Volusia 8 County Division of Corrections. This call is subject 9 to recording and monitoring. To accept charges, press 10 1. To refuse charges, press 2. If you would like to 11 permanently block your number from receiving calls from 12 this -- thank you for using Securus. You may start the 13 conversation now. 14 MS. HADAD: I wanted to take care of that. 15 UNIDENTIFIED MALE VOICE: (Indiscernible). 16 MR. CARSON: Who you talking to? 17 MS. HADAD: Yeah, hold on one second. 18 MR. CARSON: Babe. 19 MS. HADAD: Hello. 20 MR. CARSON: What are you doin’? 21 MS. HADAD: Hey, hold on one second. 22 (Recording is paused) 23 DIRECT EXAMINATION (continued) 24 BY MS. VICKERS: 25 Q Again, is the female voice on this call you? Page 40 1 A Yes. 2 Q And is the male voice on this call Brandon Carson? 3 A Yes. 4 Q Okay. 5 MS. DAVIS: And Miss Hadad, before we start over, 6 can we ask that you -- 7 MS. HADAD: Yes. 8 MS. DAVIS: --- we have your attention. 9 MS. HADAD: I’m sorry. I’m just putting my alarm 10 on so I remember the . . . 11 MS. DAVIS: Okay. Because I’ve seen you on your 12 phone and your tablet. 13 MS. HADAD: Right. 14 MS. DAVIS: I just want to make sure that you’re 15 listening to -- 16 MS. HADAD: Yeah, I’m listening. I was just 17 trying to see if they had WiFi so I could pull up the 18 clerk’s screen on that, but -- so -- and I was just 19 putting the alarm on my phone for Wednesday so I didn’t 20 forget the files. 21 MS. DAVIS: Okay. 22 MS. HADAD: But no, I don’t blame you. I’m 23 paying, like, full attention. It’s just embarrassing. 24 (Recording resumes below) 25 MR. CARSON: Why did you answer if you were busy? Page 41 1 UNIDENTIFIED FEMALE VOICE: (Indiscernible) on 2 location (indiscernible) switching car so 3 (indiscernible). 32119 . . . 4 UNIDENTIFIED MALE VOICE: 3211 -- 5 UNIDENTIFIED FEMALE VOICE: 9511. 6 UNIDENTIFIED MALE VOICE: (Indiscernible) 3211. 7 (Indiscernible). 8 (Recording is paused) 9 BY MS. VICKERS: 10 Q Now, there’s other voices that we’re hearing in 11 the background on this call, which may be inaudible for the 12 court reporter. The purpose is not so much what the other 13 people on the other line are saying as much as what the 14 responses are. I’d like you to listen to this and tell 15 me -- it sounds like you were on the phone -- 16 A I can’t tell. 17 Q --- with a rental car company. So if you can 18 listen for a little bit longer, and then we’ll pause it and 19 verify that you are, in fact, on the phone with some kind of 20 rental car company. 21 (Recording is resumed) 22 MS. HADAD: Hey, babe. 23 MR. CARSON: Hey. 24 UNIDENTIFIED MALE VOICE: All right. 3211. 25 MR. CARSON: Who’s that? Page 42 1 UNIDENTIFIED FEMALE VOICE: Yeah, 95111. 2 MR. CARSON: Babe. 3 MS. HADAD: Babe. 4 MR. CARSON: Who’s that? 5 MS. HADAD: Avis Rental Car. 6 MR. CARSON: Oh. 7 (Recording is paused) 8 BY MS. VICKERS: 9 Q Okay. So are you on the other line at that time, 10 with a rental car company? 11 A I mean, I would assume. I mean, I don’t remember. 12 But obviously, it sounds like that, if that’s what I said. 13 Q Okay. Let’s . . . 14 A But . . . 15 (Recording is resumed) 16 MS. HADAD: I figured since I have a lull and a 17 (indiscernible) we could do the car deal now. But I 18 figured, Oh, I was calling to see what they had, plus I 19 never extended it. Whoops. 20 MR. CARSON: Baby, I miss you so much. 21 UNIDENTIFIED MALE VOICE: All right. When do you 22 want to bring it back? 23 UNIDENTIFIED FEMALE VOICE: (Indiscernible). 24 MR. CARSON: I hope -- I hope that once you do 25 come see me that I can give you a kiss, babe. Page 43 1 UNIDENTIFIED VOICES: (Indiscernible). 2 MR. CARSON: Are you on the phone with Avis right 3 now? 4 Babe. 5 (Recording is paused) 6 BY MS. VICKERS: 7 Q Now, right there, he said when you come see him he 8 hopes he can give you a kiss. That would obviously be for 9 an attorney visit. Is that correct? 10 A Yes. 11 MS. DAVIS: Did he ever give you a kiss during an 12 attorney visit? 13 MS. HADAD: He did kiss me one time. But, I mean, 14 I didn’t want him to do that, but . . . 15 MS. DAVIS: Was there ever any other physical 16 contact during the attorney visit? 17 MS. HADAD: No. 18 (Recording is resumed) 19 UNIDENTIFIED VOICES: (Indiscernible). 20 MS. HADAD: Sorry. I guess I should have waited 21 to answer. 22 MR. CARSON: I know. You should have. 23 MS. HADAD: I’m a retard. Oh, well. 24 MR. CARSON: Baby, you’re not a retard. You know 25 how brilliant you are. Page 44 1 MS. HADAD: I’m brilliant and retarded. 2 MR. CARSON: (Indiscernible) with the empty space. 3 (Laughter). 4 MS. HADAD: Yeah. There’s just a lot of air. 5 UNIDENTIFIED MALE VOICE: (Indiscernible). 6 MR. CARSON: (Indiscernible) air. 7 UNIDENTIFIED VOICES: (Indiscernible). 8 MS. HADAD: Well, what -- what do you have? Just 9 so I have an idea. 10 UNIDENTIFIED MALE VOICE: (Indiscernible). 11 MR. CARSON: Baby, why did you answer the damn 12 phone? 13 MS. HADAD: Well, maybe I can reserve something 14 for tomorrow? 15 UNIDENTIFIED MALE VOICE: Or you can give me a 16 call tomorrow and (indiscernible). 17 MS. HADAD: Okay. 18 UNIDENTIFIED MALE VOICE: (Indiscernible). Just 19 call and just ask for him. 20 MS. HADAD: But he has just like crap -- but he has 21 like crappy economy cars and stuff? 22 UNIDENTIFIED MALE VOICE: No, we don’t have much 23 of anything. I have like a Chevy, Ultima, Focus - 24 yeah, yeah, Sorento, passenger van (indiscernible). 25 Like, we’re hurtin’ right now. Couple minivans. Page 45 1 (Recording is paused) 2 BY MS. VICKERS: 3 Q Do you remember why you were on the phone with a 4 rental car company then? 5 A Um, no. 6 Q Were you renting a car for yourself? 7 A Um, no. 8 Q Do you know who you were renting a car for? 9 A Um, yes. 10 Q Who? 11 A Um -- well, actually, I’m trying to remember. It 12 might have been myself. Hmm. Can I think about that for a 13 little bit? 14 Q Sure. We’ll continue listening. 15 (Recording is resumed) 16 MS. HADAD: Okay. I’ll check in the morning, 17 then. 18 UNIDENTIFIED MALE VOICE: (Indiscernible). 19 MS. HADAD: All right. Thanks. Bye. 20 I’m back. 21 MR. CARSON: Babe. 22 MS. HADAD: Babe. 23 MR. CARSON: What are you doin’? 24 MS. HADAD: I’m -- let me call Ox real quick, but 25 your phone better be off. Page 46 1 MR. CARSON: No. 2 MS. HADAD: Unless all he’s gonna -- yeah, I’ll 3 wait till we get off the phone. But he’s on his way to 4 the airport. Ah -- 5 MR. CARSON: (Indiscernible). 6 MS. HADAD: --- he can wait. He can wait two 7 seconds. 8 (Recording is paused) 9 BY MS. VICKERS: 10 Q Okay. You’re talking about calling somebody else 11 but he can wait. Who is that? 12 A Um, Ox. 13 Q Who is Ox? 14 A His name is Cory Crooms. 15 Q And who is that to you? 16 A Um, another acquaintance. 17 Q Is it a client? 18 A I mean, I have represented him, but we -- I also 19 knew him beforehand. 20 Q Okay. How did you meet Cory? 21 A Um, I can’t remember really. Just . . . 22 Q Why would you be calling a rental car place for 23 him? 24 A Um, because he want -- he asked me to rent a car 25 for him. Page 47 1 Q Why could he not rent a car for himself? 2 A Because he didn’t have a credit card. 3 Q Okay. Why did he need a rental car? 4 A Um, trying to remember. He said he needed to do a 5 baby shower and he needed to go shopping and buy presents, 6 and -- at one time, and another time, he was making a music 7 video. 8 Q And you would rent cars for him. Correct? 9 A Yes, I had. 10 Q And how many times? 11 A Um -- hmm. Maybe two or three. 12 Q And so would you put his name as one of the 13 drivers on the rental car agreement? 14 A Um, no, I didn’t. 15 Q Just yourself? 16 A Yeah. Or I can’t remember if I -- if you would 17 just say “other people.” 18 Q Okay. 19 A Didn’t specifically say his name. 20 Q And what was the arrangement for how he would pay 21 you? 22 A He -- he would pay me money. 23 Q Pay you cash? 24 A Yes. 25 Q Would he pay you in drugs? Page 48 1 A Um, he did a couple times. 2 Q Okay. What kind? 3 A Um -- um, I think he gave me a couple of 4 prescription pain pills. 5 Q Okay. Do you know specifically what kind? 6 A Um, probably -- I think oxycodone, 30-milligram. 7 Q How many? 8 A Mmm -- oh, gee. Maybe five or -- I mean -- ‘cause 9 he gave me money also, so I’m trying to remember. Maybe 10 five. 11 Q Any other type of drugs? 12 A Um, yeah. He did give me crack also. 13 Q How many times? 14 A Um, maybe twice. 15 Q Any others? 16 A No. 17 Q And was he using this rental car for -- to either 18 transport, possess, sell, deliver illegal narcotics? 19 A I mean, I -- like I said, he told me things like 20 he needed to go to Orlando to do a concert, shop for a baby 21 shower, that kind of stuff. I mean, it wasn’t . . . 22 Q When you say “do a concert,” is he a musician? 23 A Yeah. Well, I’m not completely a hundred percent 24 if he’s just a producer or -- I think he’s -- I think he 25 raps some but also produces somebody. And so . . . Page 49 1 Q And would you rent cars for him before you 2 represented him, during, or after you represented him? 3 A It was before. 4 Q Before you represented him. 5 A Yes. Well -- yes. 6 Q And his name is Cory Combs? 7 A Crooms, C-r-o-o-m-s. C-o-r-y, I believe. No “e,” 8 I think. 9 Q C-o-r-y. 10 A Yeah. 11 Q C-r-o-o-m-s? 12 A Yes. 13 Q Okay. And you did end up representing him on 14 what type of case? 15 A Um, well, let’s see. It started -- it was a 16 fleeing, slash, trafficking of cocaine, tampering with 17 physical evidence, and -- what -- there was one other 18 charge. I think a misdemeanor, though -- or no. Possession 19 of MDMA. 20 Q And when was that? 21 A But then that got -- um, within the past -- I 22 mean, his case just got resolved. It’s actually still open. 23 He’s going to be -- turn himself in, I believe next week, 24 to be sentenced. 25 Q Okay. So you’re still representing him right now. Page 50 1 A Yes. 2 Q Okay. 3 A He -- well, anyway, it got reduced, so then it’s 4 -- it’s possession of cocaine and fleeing. 5 Q How much did you charge him for legal fees on this 6 case? 7 A Um, trying to remember. I believe $3,000, 2500, 8 something in that range. 9 Q How did he pay you? 10 A He’s been paying me with money, but just -- and 11 his uncle -- or family also helped him some. 12 Q In installments? 13 A Yes. 14 Q And did he pay you any type of money in drugs? 15 A No. 16 Q Okay. Real quickly back to Mr. Carson. How much 17 was your fee in that case? 18 A Um, I did that for free. 19 Q Okay. Let’s continue listening to Call No. 3. 20 (Recording is resumed) 21 MR. CARSON: It’s only a 15-minute phone call. 22 Now it’s only like seven minutes. 23 MS. HADAD: (Indiscernible). 24 MR. CARSON: Penis wrinkle. 25 MS. HADAD: You’re the penis wrinkle. Page 51 1 MR. CARSON: (Laughter). 2 MS. HADAD: You’re in jail and I can’t touch your 3 penis wrinkle. 4 MR. CARSON: (Laughter). 5 MS. HADAD: (Laughter). Ah. I’m mad. We still 6 have to get my sex toy too. We were supposed to go to 7 the sex shop. 8 MR. CARSON: Babe. 9 MS. HADAD: I forgot. 10 MR. CARSON: I miss you so much. 11 MS. HADAD: What have you been doing? 12 MR. CARSON: Sitting in a holding cell. I want to 13 sleep, but I haven’t been able to, because soon as I 14 laid down, they called my name for first appearance. I 15 was so pissed off. 16 MS. HADAD: (Indiscernible). 17 MR. CARSON: I was so pissed off. 18 MS. HADAD: Were you (indiscernible) again? 19 MR. CARSON: Oh, hell, no, girl. 20 MS. HADAD: (Laughter). 21 MR. CARSON: You’re crazy as hell. (Laughter). 22 Course I want you to -- I want you to come see me as 23 soon as possible. 24 MS. HADAD: I’ll be there soon, babe. 25 MR. CARSON: Babe, they can’t not let you come see Page 52 1 me. We just gotta play it cool the entire time. 2 MS. HADAD: I know. But -- 3 MR. CARSON: Fuck what everybody says. Fuck. 4 Fuck what anybody says. They can’t -- no. Do they 5 have proof? Okay, then. Don’t want to hear it. 6 (Laughter). 7 MS. HADAD: Right. 8 MR. CARSON: So . . . 9 MS. HADAD: Mmm, I miss you. 10 MR. CARSON: I miss you too, baby. I miss you so 11 much. Miss you more than anything. I wish that you 12 could see that. 13 MS. HADAD: I do. 14 Oh, it’s lonely out here without you. 15 MR. CARSON: Oh, you’re hot. 16 MS. HADAD: I am. I guess I’m gonna have to go 17 get a train (phonetic) man on me. 18 MR. CARSON: Oh, God. 19 MS. HADAD: I’m just kidding. 20 MR. CARSON: (Indiscernible). 21 MS. HADAD: (Laughter). Why not? Isn’t that 22 what’s supposed to happen now? 23 MR. CARSON: Shit. 24 MS. HADAD: Just kidding. 25 MR. CARSON: Won’t be the first time. Page 53 1 MS. HADAD: I -- no. No one else. I have no 2 interest in any other men. 3 MR. CARSON: I was just talkin’ about fuckin’ - 4 uh, what do you call it? I was talkin’ to a dude, 5 whatever, down to the detention center. I went -- I 6 was like, Yeah. I was explainin’ the story behind me 7 and the dude, whatever, that fuck Brittany (phonetic). 8 MS. HADAD: Um-hmm. 9 MR. CARSON: She’s like, “Ah, fuck that shit. I 10 would go smash it in half.” 11 I’m like, “No, man.” (Indiscernible). 12 MS. HADAD: Oh, well. I mean, she did it too. I 13 mean -- you know. But who’s the worst one? I mean, 14 they’re both bad, but I feel like the -- the one in the 15 relationship is the worst one. 16 MR. CARSON: That -- that’s the way -- 17 MS. HADAD: They’re the -- that’s the person 18 cheating -- 19 MR. CARSON: I know. 20 MS. HADAD: --- the other one. 21 MR. CARSON: But I’ve known him longer, and he’s 22 supposed to be my home boy. You know what I’m saying? 23 MS. HADAD: Right. But . . . 24 MR. CARSON: They’re both in the wrong. Dead-ass 25 wrong, you know. Page 54 1 MS. HADAD: They’re both wrong, but I still feel 2 like the cheater is the worst person. 3 MR. CARSON: (Indiscernible). 4 MS. HADAD: But yeah, I don’t think -- I mean, I’m 5 not gonna have -- I mean, I’m not gonna do what he did 6 either. It is wrong. I wouldn’t do either. 7 MR. CARSON: Babe. 8 MS. HADAD: (Indiscernible). 9 MR. CARSON: Guess what? 10 MS. HADAD: What? 11 MR. CARSON: I’m gonna go -- I’m gonna go and I’m 12 gonna get in the shower before you come. I’m gonna 13 make sure I don’t stink. I’m scared to get in the 14 shower or whatever and wash away my deodorant. 15 MS. HADAD: (Laughter). Well, at least you get 16 -- when will you be able to have deodorant? 17 MR. CARSON: As soon as I get to the back, I get 18 to order. I gotta order. I’m gonna see -- I mean, I’m 19 gonna be able to use -- I’m pretty sure -- nine times 20 out of ten, whatever, I would have known somebody, you 21 know, in the back, whatever. So I’ll -- I’ll wind up 22 using their deodorant -- you know what I’m sayin’? - 23 till I get mine. 24 MS. HADAD: Hmm. 25 MR. CARSON: They have like this -- they have like Page 55 1 this Dial roll-on shit. What the fuck? 2 MS. HADAD: Um-hmm. 3 MR. CARSON: Hell, yeah. 4 Baby, I miss you so much. Why the fuck did I have 5 to turn myself in? Why couldn’t I just fuckin’ just 6 stay out there longer? At least today so I could see 7 Godzilla. 8 MS. HADAD: I was thinking about that too. But 9 (indiscernible) -- every -- I was thinking about that. 10 I was like, Why didn’t he see Godzilla? 11 MR. CARSON: You’re such (indiscernible). 12 MS. HADAD: Ah, how funny. 13 MR. CARSON: You’re a fuckin’ asshole. I don’t 14 even want to talk to you. 15 MS. HADAD: (Indiscernible) gonna spend ten 16 thousand more dollars on drugs. 17 MR. CARSON: I know, right? 18 MS. HADAD: Hello. (Laughter). 19 MR. CARSON: (Indiscernible). 20 MS. HADAD: ‘Cause every day you had -- you had to 21 have so many things, ‘cause it was your last day. 22 MR. CARSON: Babe, that was only twice. Don’t 23 even try me. 24 MS. HADAD: (Laughter). 25 MR. CARSON: (Indiscernible). The other time, you Page 56 1 chose to get crazy. 2 MS. HADAD: No, I was -- actually thought about 3 that earlier. I was like -- someone mentioned a movie, 4 and I was like, Oh, Godzilla’s coming out today. So 5 I’ll probably see it this weekend without you. 6 MR. CARSON: Oh, okay. 7 MS. HADAD: (Indiscernible). 8 MR. CARSON: You’re gonna go to a movie with 9 another man. 10 MS. HADAD: Huh? 11 MR. CARSON: So you’re gonna go to the movies with 12 another man, huh? 13 MS. HADAD: I didn’t say I was going with anyone. 14 I’m just saying I probably will see it this weekend 15 with my nephew or something. 16 MR. CARSON: Oh. 17 MS. HADAD: I’m not -- I’m just -- someone 18 mentioned a movie, and then I remembered Godzilla came 19 out today. We talked about it, and you can’t be there. 20 MR. CARSON: Hey, babe. Yeah, I -- I’m pretty 21 sure or whatever Godzilla happened in -- in Heroshama. 22 MS. HADAD: “Hiroshima.” 23 MR. CARSON: See, I thought it was pronounced 24 “Hiroshima” too. But it’s -- 25 MS. HADAD: I think -- Page 57 1 MR. CARSON: Yeah, I thought it was Hiroshima -- 2 MS. HADAD: That’s how us white people say it. 3 MR. CARSON: Yeah. But it’s “Heroshama,” I think. 4 That -- that . . . 5 MS. HADAD: Who told you that? 6 MR. CARSON: Well, whenever I was -- ‘cause I had 7 to look at the -- 8 MS. HADAD: Hold on one -- I feel -- look, I’m too 9 nice. I don’t want Ox to drive all the way to the 10 airport, ‘cause then he’s gonna be a weenie 11 (indiscernible). This’ll only take a moment. 12 Who told you it’s “Heroshama”? 13 MR. CARSON: I was watching a video, and that’s 14 what they said on the video. 15 MS. HADAD: But were the people American? 16 MR. CARSON: Yeah. 17 MS. HADAD: Hold on one second. 18 Hey. 19 UNIDENTIFIED MALE VOICE: Yeah. 20 MS. HADAD: I just called -- I didn’t -- I 21 extended the rental ‘cause I forgot to do it. But the 22 guy -- they have nothing today, he said. He says it’s 23 best to call back in the morning. I know it sucks, 24 but . . . 25 UNIDENTIFIED MALE VOICE: They -- they have Page 58 1 nothin’? 2 MS. HADAD: Nothin’. He says, like, they have a 3 couple of passenger vans. 4 UNIDENTIFIED MALE VOICE: They have what? 5 MS. HADAD: A couple of passenger vans. Like, 6 basically, he said nothing. Like, don’t bother coming 7 is what he said. And he -- 8 UNIDENTIFIED MALE VOICE: (Indiscernible). 9 MS. HADAD: Can’t you deal with it for one day? 10 UNIDENTIFIED MALE VOICE: (Indiscernible). 11 MS. HADAD: Well. 12 UNIDENTIFIED MALE VOICE: Ain’t got nothin’? 13 MS. HADAD: No. 14 UNIDENTIFIED MALE VOICE: Well (indiscernible). 15 MS. HADAD: Well, no, ‘cause then I have to rent a 16 whole new car and everything. I can’t do that. 17 UNIDENTIFIED MALE VOICE: Okay. I want a van, 18 then. 19 MS. HADAD: Well, you don’t want to drive around 20 in some old-man van like a -- this (indiscernible) 21 sucks. Like, in, like, a family van, you’re gonna 22 drive around in? Like -- 23 UNIDENTIFIED MALE VOICE: Yeah. 24 MS. HADAD: --- 40 miles an hour? No. No. I’m 25 not doing that, ‘cause then tomorrow you’ll make me go Page 59 1 back to switch it again. You’re not gonna keep -- 2 UNIDENTIFIED MALE VOICE: (Indiscernible). 3 MS. HADAD: --- a van until -- for a week. 4 UNIDENTIFIED MALE VOICE: (Indiscernible). 5 MS. HADAD: Right. 6 UNIDENTIFIED MALE VOICE: (Indiscernible) for a 7 week (indiscernible). 8 MS. HADAD: Yeah. Exactly. You’ll make me go 9 back tomorrow. 10 UNIDENTIFIED MALE VOICE: (Indiscernible). 11 MS. HADAD: Just keep it one day, please. I don’t 12 want to go swap the car and then swap it again. That’s 13 too much. 14 UNIDENTIFIED MALE VOICE: You don’t what? 15 MS. HADAD: I said I don’t want to go swap it 16 once. I know from the other day you’re gonna make me 17 go back tomorrow ‘cause you’re not gonna like any of 18 the cars they have. 19 UNIDENTIFIED MALE VOICE: (Indiscernible). 20 MS. HADAD: (Indiscernible) please. Just be a 21 good boy for once and let someone else drive it 22 (indiscernible) -- 23 UNIDENTIFIED MALE VOICE: All right. 24 MS. HADAD: --- (indiscernible) the tag on it. 25 (Laughter). (Indiscernible) --- Page 60 1 UNIDENTIFIED MALE VOICE: (Indiscernible). 2 MS. HADAD: (Indiscernible). Well, I don’t know. 3 I’m gonna try to call early. I’ll start calling early. 4 He said the guy that usually helps me will be there 5 tomorrow, so I don’t know what that means. Like he’s 6 got a special car for me? 7 UNIDENTIFIED MALE VOICE: All right. 8 MS. HADAD: But anyway, we’ll start early. We’ll 9 shoot for early. Okay? 10 UNIDENTIFIED MALE VOICE: All right. 11 MS. HADAD: Just be good tonight. 12 UNIDENTIFIED MALE VOICE: All right. 13 MS. HADAD: All right. Bye. (Laughter). 14 Yah. You see? 15 MR. CARSON: Yeah. 16 MS. HADAD: He tried to make -- 17 MR. CARSON: (Indiscernible). 18 MS. HADAD: Huh? 19 MR. CARSON: It was funny. Whenever I was gettin’ 20 put in the pack (phonetic), whatever, like the CO knew 21 me and shit, man. He’s like handin’ me all fresh 22 fuckin’ -- brand-new fuckin’ oranges and shit. 23 (Laughter). 24 MS. HADAD: Oh, really? 25 MR. CARSON: Everybody’s like, Damn, man Page 61 1 (indiscernible). 2 I’m like, “Oh, yeah. I got pull like that.” 3 MS. HADAD: (Laughter). 4 MR. CARSON: I got -- I’m wearin’ bright-ass 5 orange pants and shit. (Laughter). 6 MS. HADAD: I know. I saw one guy in court, and 7 he had like one-half -- half . . . 8 (Recording is paused) 9 BY MS. VICKERS: 10 Q When you were just on the phone having another 11 conversation with somebody, not Mr. Carson, was that Cory 12 Crooms? 13 A Yes. 14 Q Who you refer to as “Ox”? 15 A Yes. 16 Q And you were telling him something about switching 17 the tag? What did that mean? 18 A Um, ‘cause he had told me something before about 19 putting a different -- I think I just said, “Leave the 20 normal tag” or something like that. He had told me before 21 about switching the tag or something. I can’t remember 22 exactly. 23 Q What does that mean, switching the tag? Why would 24 somebody switch the tag? 25 A He wanted to put a different tag on it, and I just Page 62 1 said, “Leave the regular tag.” 2 Q Why? 3 A Um, I guess just so -- I don’t know. Maybe if 4 they ran the tag and then saw he wasn’t the person that 5 rented it, it could be pulled over or something. 6 Q Okay. 7 A I mean, I don’t know. 8 Q Are you aware that it’s illegal to switch tags on 9 cars? 10 A Right. Well, that’s why I was telling him to 11 leave the tag. 12 Q Okay. Did you instruct him to let someone else 13 drive the car instead, so he would not get in trouble? 14 A Mmm, yeah. I can’t remember why I said that, but 15 there was something going -- there was some type of issue 16 with the car, but I can’t remember what it was. 17 Q With the rental car? 18 A Yeah. That’s why he wanted to switch it. I mean, 19 there was something wrong with it, but nothing major. 20 Q Mechanically wrong with it, you mean? 21 A Um, yes. I mean, it obviously wasn’t something 22 serious, but I can’t remember exactly what it was. I’m 23 sorry. 24 Q Okay. 25 MS. VICKERS: Do you have any other questions Page 63 1 about Brandon Carson? 2 MS. DAVIS: I do, before we move on. 3 EXAMINATION (continued) 4 BY MS. DAVIS: 5 Q On this call that we just heard, Brandon -- you 6 made a comment to Brandon Carson about spending another 7 $10,000 on drugs, and you said it was because he was getting 8 ready to go into jail. Do you recall that? 9 A Yes. 10 Q So were you and Mr. Carson doing drugs together 11 before he went to jail? 12 A Well, it was mostly him. Like, he was trying to 13 get ready to go into custody. So, like, he was drinking or 14 Xanax or something, so . . . 15 Q Did you do any of those drugs with him? 16 A No. 17 Q Okay. So it was just him doing drugs by himself. 18 A Right. It was more just to get ready to go into 19 custody. 20 Q Okay. And you purchased the drugs for him? 21 A Um, yes. I mean, I think we did drink a little 22 one of the days. We did drink. 23 Q You drank alcohol? 24 A Yes. 25 Q Okay. So it’s your testimony you did not -- you Page 64 1 mentioned Xanax. You didn’t take any Xanax with Mr. Carson. 2 A No. 3 Q Did you ever do drugs with Brandon Carson? 4 A Yes. 5 Q You did. 6 A (Nods head affirmatively). 7 Q Do you recall when you did drugs with Brandon 8 Carson? 9 A No. 10 Q Okay. You testified earlier that you met Brandon 11 Carson in March of 2014? 12 A Yes. 13 Q Okay. Would it have been in March 2014? 14 A Mmm, I mean, probably not that -- not right away, 15 no. 16 Q So April 2014? 17 A Yeah, it’s probably in April. 18 Q Okay. When did he go to jail? Was it May? 19 A I believe May, yes. 20 Q Okay. So April 2014, you did drugs with Mr. 21 Carson. What drugs did you do with Mr. Carson? 22 A Mmm, prescription painkiller. 23 Q Which would have been oxycodone? 24 A Yeah. 25 Q Okay. And would it have also been the Lortab? Page 65 1 A Mmm, I don’t think so. 2 Q Okay. So oxycodone. 3 A Yes. 4 Q Any other drugs with Mr. Carson? 5 A Not that I recall. 6 Q No Xanax? 7 A No. I mean, I -- not -- if I -- like I -- if I 8 ever took Xanax, it was just to fall -- sometimes I have 9 trouble sleeping. So I’ve never taken Xanax and driven 10 around or -- because, you know, it makes you tired. So if I 11 ever did take it, it was to fall asleep. 12 QO Okay. What about cocaine? Did you ever snort 13 cocaine with Brandon Carson? 14 A Um, no. 15 Q Did you ever smoke crack with Brandon Carson? 16 A Actually, yes, we did do that once. So obviously 17 I was a little off on my time. 18 Q Okay. Because earlier, you testified -- 19 A Right. 20 Q --- that the last time you smoked crack was a year 21 and a half ago. 22 A Right. 23 Q So April 2014 puts us at exactly a year. So 24 around a year ago, you smoked -- 25 A Yes. Page 66 1 Q --- crack with Brandon Carson? 2 Did you ever smoke marijuana with Brandon Carson? 3 A Um, yeah, I did once or twice. 4 Q Okay. Did you ever take Adderall with Brandon 5 Carson? 6 A Mmm, I believe I did once. 7 Q What about meth? 8 A Yes, I did try that with him. 9 Q You tried meth with him as well? 10 Okay. So your timeline on several of these drugs 11 that you talked about is a little -- 12 A Right. 13 Q --- was a little off. Okay. So you’re correcting 14 your prior testimony -- 15 A Yes. 16 Q --- now. 17 And when you said you purchased the drugs for 18 Brandon Carson that you did with him before he went into 19 jail, who did you purchase those drugs from? 20 A Um, that, I don’t remember. 21 Q You don’t remember who you bought the drugs from? 22 A No. He -- I mean, no. I’m not sure. 23 Q Did you do the purchasing, or did Mr. Carson 24 purchase the drugs? 25 A Uh, again, I’m not a hundred percent sure. Page 67 1 MS. DAVIS: I don’t have anything else on Brandon 2 Carson. Thank you. 3 MS. VICKERS: Okay. 4 DIRECT EXAMINATION (continued) 5 BY MS. VICKERS: 6 Q I’d like to talk to you about Steven Sullivan. Do 7 you know Steven Sullivan? 8 A Yes. 9 Q How do you know him? 10 A A nightmare. No. I’ve been friends with him, and 11 then he went into jail. 12 Q How did you meet him? 13 A Um, I just met him in town. 14 Q What do you mean, met him in town? 15 A I mean I just -- he was like an acquaintance of 16 somebody else I knew. So . . . 17 Q Is this through legal work, or is this through 18 social? 19 A No. Just socially. 20 Q Is this through drugs? 21 A No. 22 Q Okay. When did you meet Steven Sullivan? 23 A Um -- hmm. Trying to remember. Hmm. Probably a 24 few years ago. Maybe three or four years ago. 25 Q Could you be any more specific? Page 68 1 A Yeah. Well, I’m just -- yeah. I think three. 2 Well, it’s hard to think and remember, and especially 3 ‘cause, you know, it’s like a time gap because he’s been in 4 custody for -- 5 Q Okay. Let’s do it this way: When did you leave 6 the public defender’s office? 7 A Um, it was July of 2013. 8 Q Okay. Did you know Mr. Sullivan before you left 9 the public defender’s office, or did you meet him after you 10 left? 11 A No. I knew him before. 12 Q Okay. Did you meet him through the public 13 defender’s office? 14 A No. 15 QO Okay. So before July of 2013, you knew him. 16 A Yes. 17 Q Okay. And you said you developed a friendship 18 with him. 19 A Yes. 20 Q What was the nature of that friendship? 21 A Um, well, it was kind of a dating relationship 22 also. I mean, not at first, but . . . 23 Q When did it develop into a dating relationship? 24 A Mmm, probably around, um, sometime in 2013. 25 Q Was that before he went to jail or after he went Page 69 1 to jail? 2 A Mmm, it was after he went to jail. 3 Q Okay. So you were just friends with him. 4 A Yes. 5 Q So while he was in jail, it developed into some 6 sort of dating relationship. 7 A Right. 8 Q And did you ever represent him in a legal matter? 9 A Yes. I represented him in a -- it was a violation 10 of misdemeanor probation. 11 Q And was that when he was at the CDPT facility? 12 A I think -- I think it was right -- it was sometime 13 -- yeah, it was around that time, I -- yeah, I believe so. 14 Q Okay. And do you remember the time frame for 15 that? 16 A Mmm, probably -- mmm . . . 17 Q Does August of 2013 -- 18 A Yes. 19 Q --- to October of 2013 sound correct? 20 A Yes. 21 Q Okay. So it was during that time that you started 22 a romantic relationship with him? 23 A It was before that. 24 Q He was in jail. 25 A Yeah. Page 70 1 Q Before that. And you started a romantic 2 relationship with him before that. 3 A Yes. 4 Q Was it while you were still at the public 5 defender’s office or after you left? 6 A Mmm, let me -- can -- I’m not 100 percent. Let me 7 think about that one. 8 Q Okay. 9 EXAMINATION (continued) 10 BY MS. DAVIS: 11 Q So you left the PD’s office in July of 2013. 12 A Yes. 13 Q He was incarcerated in August 2013, or was he 14 incarcerated in July of 2013? 15 A I believe he was incarcerated in July. I’m not 16 sure exactly when he went into custody. 17 Q Okay. And you started a relationship with him 18 after he went into jail. 19 A Yes. 20 Q Okay. And you can’t recall if it was while you 21 were still at the public defender’s office? 22 A No. 23 Q Was Mr. Sullivan ever represented by the office of 24 the public defender? 25 A Um, I -- I can’t say a hundred percent. I never Page 71 1 represented him as a public defender. I mean, I know most 2 of the time he had a private counsel, but I can’t say a 3 hundred percent. 4 DIRECT EXAMINATION (continued) 5 BY MS. VICKERS: 6 Q Did you ever meet with him in jail while you were 7 a public defender? 8 A Um, I’m trying to remember. Possibly. 9 Q Would that have been like an attorney visit, as 10 we’ve been discussing? 11 A Um, I would say if I did, yes, then that would 12 have been, yeah. 13 Q Okay. So that would have been while you were in a 14 romantic relationship? 15 A Um, I mean, I can’t say if the first time I -- I 16 can’t remember if the first time I met with him in jail if 17 we were just friends or . . . 18 Q Okay. Either way, am I correct in that you used 19 your credentials as a public defender and an attorney to 20 meet with Mr. Sullivan whom you did not represent at the 21 time? 22 A I mean, if I was meeting with him, it was for a 23 legal issue, but I can’t remember exactly what. 24 Q But you said you didn’t represent him until 25 August. Page 72 1 A Right. 2 Q But you said you met with him before that, in 3 jail, as an attorney. An attorney visit, not a lay -- 4 A It’s hard for me to remember, it’s so long ago. I 5 mean, I can’t remember exactly the first time I met with him 6 or why. I mean, I think -- it seems like something about 7 being a witness in a case. Yes, I think that. 8 MS. DAVIS: He was a witness in one of your cases? 9 MS. HADAD: Or, yeah, a potential witness in a 10 case. 11 BY MS. VICKERS: 12 Q Was there any physical contact with him when you 13 met with him to discuss -- 14 A No. 15 Q Do you know how much he paid you for the 16 misdemeanor violation-of-probation case? 17 A He did not pay me for that. 18 Q You did that why? 19 A Just as a friend, to help him. 20 I mean, basically, just -- I mean, it was really 21 just because he -- I mean, I knew it wasn’t going to be an 22 issue, because I believe he got probation -- it was just - 23 he was originally offered jail for his misdemeanor, but he 24 took probation. But then he was on the felony thing with 25 CDTP and probation. It was just that he wanted to change Page 73 1 his plea from the probation to the jail sentence. 2 So it wasn’t really a complicated thing. He just 3 realized he didn’t want to be on two sets of probation. I 4 forget why, but . . . 5 Q When you visited Mr. Sullivan in an attorney 6 visit, was there ever any physical contact? 7 A No. 8 (The Florida Bar’s Exhibit No. 3 is marked 9 for identification.) 10 BY MS. VICKERS: 11 Q I’m going to show you what’s marked as Exhibit 3. 12 It is a document titled “Stipulation for 45" -- 13 A Yes. 14 Q --- “Additional Days of Jail Credit.” Could you 15 take a look at that, please. 16 A Yes. 17 Q Did you file that? 18 A Yes, I did. So I -- 19 Q Did you -- 20 A I was going to say that I did -- I did represent 21 him on this very narrow thing as well, and . . . 22 Q How much did he pay you for that? 23 A He didn’t pay me. 24 Q And he had been represented by a private attorney 25 in the two cases listed on the motion. Is that correct? Page 74 1 A Um, yes. 2 Q And one of the case numbers is typed and one of 3 the case numbers is handwritten. Is that accurate? 4 A Yes. 5 Q And you filed a motion for additional days of 6 credit-time served. Is that accurate? 7 A Yes. 8 Can I see that? I’m sorry. I just wanted to look 9 at the case numbers again. 10 (The document is provided to Ms. Hadad for 11 review.) 12 MS. HADAD: Okay. Okay. Thank you. 13 BY MS. VICKERS: 14 Q Did you file this stipulation on your own accord, 15 or did Mr. Sullivan tell you to file it? 16 A Um, he asked for me to file it. I was actually 17 -- I happened to be -- I had someone I was representing, his 18 wife -- 19 Q Mr. Sullivan’s wife? 20 A No. No. A client. 21 Q Okay. 22 A His wife. Xavier King. His wife. 23 Q Okay. 24 A Their child was a victim of child abuse, and Mr. 25 King was in jail, so the wife asked me to come to court with Page 75 1 her for sentencing. And that’s why I happened to be -- I 2 just happened to be present in court during that -- his -- 3 Mr. Sullivan’s sentencing. 4 Q Okay. 5 (The Florida Bar’s Exhibit No. 4 is marked 6 for identification.) 7 BY MS. VICKERS: 8 Q I’d like to show you what’s been marked as Exhibit 9 4. It is your response to The Florida Bar -- 10 A Yes. 11 Q --- regarding the complaint by Warden McClelland, 12 mostly involving Mr. Sullivan. So I’d like to show you - 13 on page 1, in the middle of the page, there’s - 14 highlighted, it says you had a previous friendship 15 established with someone who eventually landed in their 16 institution. 17 A Yes. 18 Q And then later -- down on the bottom, it says, “. 19 . . assuming I would do something in violation of my ethical 20 obligations because I had a prior friendship with someone 21 who ended up in their jail is akin to assuming a 22 Correctional Officer would” suddenly break all the rules if 23 one of their family members was in jail. 24 A Right. 25 Q But your relationship with Mr. Sullivan was more Page 76 1 than a friendship. 2 A Well, I mean, like you say, I guess -- like you 3 said, “friend” can be a broad term. 4 Q Okay. You were in a romantic relationship? 5 A Yes. 6 Q You-all discussed getting married? 7 A Yeah. He -- I mean, you know, he suckered me. 8 Obviously, I’m single. I’ve been single for a long time 9 and -- oh. 10 Q So it was more than a friendship. 11 A Well, yes. I mean, I guess it depends on how you 12 define friendship. I didn’t . . . 13 Q Well, how do you define friendship? 14 A Well, I mean, dating can be a friendship also. 15 Q Right. But in your response to the Bar, you have 16 an ethical obligation to be honest, up front, and truthful. 17 Would you agree with that? 18 A Yes. Well, I . . . 19 Q And in your response, you’re referring to Mr. 20 Sullivan simply as a friend. Is that correct? 21 A Yes. 22 Q Which is not accurate. 23 A I didn’t -- to me, I was just vague. 24 Q Okay. On purpose you were being vague? 25 A Um, I don’t know. I mean, it’s hard to say. I Page 77 1 just had a lot of stuff to cover. 2 Q Okay. Let’s talk about some of the other stuff 3 that you covered. On page 2, it says, “There was nothing 4 salacious or sneaky occurring on my end, and definitely 5 nothing that could be interpreted as ethically questionable 6 or a violation of the oath I took when I was admitted to the 7 Bar.” Do you stand by that statement that you made? 8 A Well, I didn’t feel I was doing anything wrong. 9 Q Okay. Did you discuss confidential client 10 information with Mr. Sullivan about other clients that you 11 had? 12 A Mmm, I don’t believe so. 13 Q Did you discuss committing food stamp fraud with 14 Mr. Sullivan? 15 A I can’t remember. 16 Q Did you discuss drug use with Mr. Sullivan? 17 A Um, probably. But I didn’t -- I mean, you know, 18 he might have said things. It doesn’t -- you know, I never 19 did anything like that, food stamp fraud. 20 Q Okay. So you believe that during your 21 relationship with Mr. Sullivan while he was in jail, there 22 was nothing salacious or sneaky occurring on your end. Is 23 that accurate? 24 A Well, I guess it’s -- again, it depends on how you 25 -- okay. I’ll remove that statement, because I guess it Page 78 1 depends on how you interpret that. I meant when I went to 2 visit him, I didn’t -- I wasn’t bringing anything into the 3 jail. I wasn’t -- we weren’t having physical contact. When 4 I visited him at the jail, it was because of legal issues. 5 Q You never saw him in a personal capacity. 6 A I mean, it’s hard -- I mean . . . 7 Q Did you ever hold hands with him while you visited 8 him in jail as an attorney visit? 9 A No. 10 Q Did you ever kiss him? 11 A No. 12 Q Did he ever kiss you? 13 A No. 14 Q Did you ever hug? 15 A I mean, I don’t believe so. 16 Q Did you ever talk about your personal relationship 17 while you visited him as an attorney, in jail? 18 A Mmm, well, that’s hard to say. I mean, I can’t 19 remember every single word that came out of my mouth. 20 Q Okay. Your response is, I’m sorry to say, in my 21 opinion, quite flippant. 22 A Oh. 23 Q You make sarcastic comments through your response. 24 Did you not think that this was a serious matter? 25 A No. I think it’s very serious. Page 79 1 Q Okay. 2 A Really, I’m really scared. 3 Q In one point -- 4 A And I realize that. Sometimes I can be sarcastic, 5 and I -- 6 Q On page 4, at the top, you write, “The Warden must 7 think I was suffering from a traumatic brain injury or that 8 I was stricken with Down’s syndrome late in life? I don’t 9 know.” 10 A Well, yeah, because it did hurt -- because I -- it 11 did hurt my feelings, because I never did anything wrong. I 12 mean, I didn’t violate the rules of the jail, and I just 13 felt like they were -- just assumed all this stuff just 14 because of another incident with somebody else. I didn’t 15 think I was treated fairly. 16 Q Going back to the stipulation for credit-time 17 served that you filed on Mr. Sullivan’s behalf. You said 18 that he told you to file that? 19 A Right. Well, like I said, there was an issue, and 20 that’s what -- I can show you in black and white. There 21 wasn’t -- 22 Q I understand there was an issue. 23 A Okay. 24 Q That’s not my concern. 25 A No. There was an error with the court rule, and I Page 80 1 had the experience -- 2 Q Right. But you were not his lawyer at the time. 3 Correct? 4 A Right. 5 Q And did you call his lawyer at the time to ask him 6 to fix it? 7 A No. I was going to file a notice of appearance to 8 fix it myself at some -- I was told that just for a 9 stipulation I didn’t need to. 10 Q So knowing you were in a romantic relationship 11 with him, you filed a motion on his behalf for credit-time 12 served. 13 A Yes. Well, I just thought it would be confusing 14 to Ron Alexander. And since I had been a public defender 15 while this happened, I had experienced the problem firsthand 16 with other clients, so . . . 17 Q But you didn’t fix it right away -- is that 18 accurate? -- while you were a public defender. 19 A Well, it didn’t happen . . . 20 Q Okay. I’m sorry. As opposed to when he was 21 sentenced to when you filed that motion, what was the 22 timeline for that like? 23 A Um, I can’t remember exactly. But, I mean, 24 sometime between when he was sentenced and -- I mean, before 25 the time would have ran out, but I can’t remember exactly. Page 81 1 Q Well, how much time elapsed between the time he 2 was sentenced and the time he was released from jail? 3 A It was I think -- hmm. Again, I don’t remember. 4 It -- it was just a long time ago. 5 Q A week? A month? 6 A Can I look at my stipulation one more time? 7 Q Sure. 8 (A document is presented to Ms. Hadad for 9 review.) 10 MS. HADAD: It -- yeah, it was pretty -- probably 11 within a few days, I mean, from when I filed it, but - 12 I guess I was just saying I’m not -- I wasn’t -- you 13 know -- 14 MS. VICKERS: Okay. 15 MS. HADAD: He just wasn’t given all of his 16 credit, due to an error in the clerk’s screen. I mean, 17 I wasn’t . . . 18 BY MS. VICKERS: 19 Q Did you make any phone calls with Mr. Sullivan 20 while he was in jail? 21 A Yes. 22 Q Are you aware that these phone calls are recorded? 23 A Yes. 24 Q And in fact, there’s a warning at the beginning 25 that says these phone calls are monitored and recorded. Page 82 1 A (Nods head affirmatively). 2 Q Yes? 3 A Um-hmm. 4 Q Okay. And you’re aware of that because you’ve 5 been a public defender for ten years. 6 A Yes. 7 Q And a criminal defense attorney for at least the 8 last one and a half years. 9 A Yes. 10 Q I’d like to play you No. 6 off of a CD entitled 11 “Steven Sullivan’s jail calls.” 12 (Recording begins below) RECORDED VOICE: 13 Hello. This is a 14 prepaid collect call 15 from -- 16 MR. SULLIVAN: Steven. 17 RECORDED VOICE: --- an inmate at the Volusia 18 County Division of Corrections. This call is subject 19 to recording and monitoring. To accept charges, press 20 1. To refuse charges, press 2. If you would like to 21 permanently block your number from receiving calls from 22 this facility, press 6. Thank you for using Securus. 23 You may start the conversation now. 24 MR. SULLIVAN: Hello. 25 MS. HADAD: Hey. Page 83 1 MR. SULLIVAN: Hey. 2 MS. HADAD: What’s up? 3 MR. SULLIVAN: What do you mean “What’s up?” 4 MS. HADAD: I’m just saying, “What’s up?” 5 (Recording is paused) 6 BY MS. VICKERS: 7 Q Okay. There’s a male voice on the recording that 8 we’re hearing. Can you identify that male voice? 9 A (Nods head affirmatively). 10 Q Who is that? 11 A That is Steven Sullivan. 12 Q And there’s a female voice on the recording. Who 13 is that? 14 A That is me. 15 MS. HADAD: Can I go to the restroom for -- real 16 quick? 17 MS. VICKERS: Sure. We’ll take a break and go off 18 the record. 19 MS. HADAD: All right. Thanks. 20 MS. VICKERS: It’s 11:56. 21 MS. HADAD: Okay. Thank you. 22 (There was a break taken from 11:56 a.m. 23 until 12:06 p.m., after which the proceeding continued as 24 follows.) 25 MS. VICKERS: Okay. So we’re back on the record. Page 84 1 The time is approximately 12:06 p.m. So I am playing 2 No. 6 of a phone call. 3 (Recording is resumed) 4 MS. HADAD: I know, yeah. Just get Brian to be 5 realistic. He -- he doesn’t want to go to prison. 6 MR. SULLIVAN: (Indiscernible). And this fuckin’ 7 dude is something else. I just told him straight out. 8 I was like, “Well, you’re goin’ to rehab. I’m” -- 9 “I’m pushin’ for rehab for you. And” -- “and it’s 10 simple as this: You need rehab.” 11 He’s like, “I’ll take the 18 months.” 12 I said, “What part don’t you understand? You 13 don’t” -- “you’re” -- “you’re not guaranteed anything, 14 Brian. If you plead up to the” (indiscernible) -- 15 MS. HADAD: Right. 16 MR. SULLIVAN: --- “that’s the bottom of the 17 guidelines. That’s the least he can give you.” So I 18 was like, “Linda can call this fuckin’ victim probably 19 today and tell ‘em, ‘Hey, listen’ (indiscernible) 20 ‘with some rehab, probation.’” 21 And then he’s like, “No, no, no. I don’t know. 22 I’ll be out of prison by then,” dah, dah-dah, dah-dah. 23 So . . . 24 MS. HADAD: Okay. Well, yeah, I mean, that’s 25 --- Page 85 1 MR. SULLIVAN: This is how you fool his ass now. 2 Call him. Get the victim to go along with it. And say 3 the state said that, “Okay. It’s three years. Three 4 years.” 5 (Recording is paused) 6 BY MS. VICKERS: 7 Q So on this call, you-all are talking about one of 8 your clients? 9 A Yes. 10 Q Do you know his name? 11 A Yeah. He’s talking about Brian Gall. 12 Q Okay. And in this call, Mr. Sullivan is telling 13 you what he wants to happen with Mr. Gall’s case. Is that 14 correct? 15 A Right. Yes. 16 Q And he’s telling you what to do in order to secure 17 the type of sentence that Mr. Sullivan wants for Mr. Gall. 18 A Yes. 19 Q Is that correct? 20 A Yes. But he was -- obviously, I was listening to 21 him, but, I mean . . . 22 (Recording is resumed but is interrupted by 23 the witness.) 24 MS. HADAD: Well, yeah, they haven’t -- 25 MS. VICKERS: I’m sorry. Page 86 1 MS. HADAD: I was going to say, yes, I was 2 listening to him, and you see he initiated that 3 conversation. And sometimes you might just say yes on 4 the phone to, you know, appease somebody, but I’m going 5 to do what Mr. Gall would want, you know. 6 BY MS. VICKERS: 7 Q Okay. But you were talking about Mr. Gall’s case 8 with Mr. Sullivan. 9 A Yes. 10 Q And what should happen to Mr. Gall. 11 A Right. I mean, yes, Mr. Sullivan was telling me 12 what he thought should happen. But . . . 13 Q Right. But you were also responding with 14 information about Mr. Gall. 15 A Yes. 16 Q Which would be in violation of attorney/client 17 privilege. 18 A Um, well, I didn’t think I -- I mean, I don’t know 19 if I said anything confidential. 20 Q Okay. Well, let’s listen. 21 (Recording is resumed) 22 MS. HADAD: --- said it’s 18 months yet. We just 23 had court, and I said -- I said --- 24 MR. SULLIVAN: I don’t want him goin’ for 18 25 months, Linda. I want him to go to rehab, okay? Page 87 1 MS. HADAD: Right. Well, I’d be okay with that, 2 but they haven’t even said that’s the offer. They just 3 kinda said -- 4 MR. SULLIVAN: You’re not fuckin’ new at this, 5 Linda. You’ve been in -- in that courtroom ten years. 6 MS. HADAD: Yeah. This is Judge -- what’s her 7 name? Case. 8 MR. SULLIVAN: Are you friendly with any of the 9 judges, like Ron is with fucking Marriott? 10 MS. HADAD: I mean -- “friendly.” I mean, I feel, 11 like, friendly, like joke around with Marriott ‘cause I 12 like his personality, and Judge Hutcheson ‘cause I was 13 in there for so long. This is Judge Case. 14 (Indiscernible). 15 MR. SULLIVAN: I mean, you don’t see too many 16 attorneys act the way Ron did in there, do you? 17 MS. HADAD: Well, I didn’t see the whole thing, 18 but -- 19 MR. SULLIVAN: Oh. 20 MS. HADAD: I -- well, because I didn’t -- I 21 thought I -- 22 MR. SULLIVAN: They (indiscernible) up my date. 23 Fuckin’ Ron -- 24 MS. HADAD: Well, I would have said -- 25 MR. SULLIVAN: Ron got up there and just said, Page 88 1 “Listen, this is what it is. He violated. He’s 2 getting into 212.” 3 And Marriott’s like, “Yep, you’re right. You know 4 what it is. He’s gettin’ 212?” 5 And Ron was like, “Yeah, that’s what it is. And 6 then they could” -- “it’s 42 days credit.” 7 And I went to say something, and Ron said, “Shut 8 your mouth.” I’m like -- 9 MS. HADAD: Um-hmm. 10 MR. SULLIVAN: (Indiscernible). 11 MS. HADAD: He’s like, “I know you have more than 12 42 days credit.” 13 MR. SULLIVAN: A lot more . . . 14 (Recording is paused) 15 MS. VICKERS: I’m trying to skip ahead just a 16 little bit. See if that will work. 17 (Recording is resumed) 18 RECORDED VOICE: Hello. This is a prepaid collect 19 call from -- 20 MR. SULLIVAN: Steven. 21 RECORDED VOICE: --- an inmate at the Division of 22 --- 23 (Recording is fast-forwarded) 24 MR. SULLIVAN: . . . on grand theft. It was 25 supposed to be the other way around. That’s what my Page 89 1 original deal was, and that’s what I was arguing with 2 you about, trying to explain to you. But . . . 3 MS. HADAD: But you were saying you thought you 4 had CDPT on the grand theft. 5 MR. SULLIVAN: That’s what it was (indiscernible) 6 my plea, baby, was. 7 (Recording is paused) 8 MS. VICKERS: Okay. I’m going to try to fast- 9 forward it a little bit more. I don’t think you need 10 to record this. 11 (Recording is resumed) 12 MR. GALL: He’s crazy, trying to drive me nuts 13 here. 14 MS. HADAD: Hey, let me talk to him for a - 15 Steve, can I talk to him for one second? 16 (Recording is fast-forwarded) 17 MS. HADAD: I thought he had, like, Jose on 18 the phone. 19 (Recording is fast-forwarded) 20 MR. GALL: No, no, no. I mean, if I got 18 21 months, I’d be home by 22 (indiscernible). 23 MS. HADAD: Right. You’d be out. 24 MR. GALL: By the time I -- by the time I -- 25 (Recording is paused) Page 90 1 BY MS. VICKERS: 2 Q Okay. There’s a different male voice on this Call 3 No. 6 now. Who is that? 4 A That’s Brian Gall. 5 Q Okay. So you’re now speaking to Mr. Gall about 6 his case. 7 A Yeah. 8 (Recording is resumed) 9 MR. GALL: --- you know, ‘cause I’m only gonna do 10 15 months on that. I got six, and that’d be eight or 11 nine more months. I mean, believe me, I don’t want to 12 go to prison. My girl wants me to come home bad. 13 Things are tough, you know, out there for her right 14 now. 15 MS. HADAD: Um-hmm. 16 MR. GALL: You know. And just -- just let him 17 know. Say, “Listen, man, you know” -- tell him “He’s 18 sorry” -- and John can identify him hittin’ him with 19 that bottle, I’m tellin’ you. But, you know, I don’t 20 want -- I don’t want to go through all that. I don’t 21 want (indiscernible). 22 MS. HADAD: Right. ‘Cause you know they’ll bump 23 the charge up to an aggravated battery. And that’s the 24 thing some of the witnesses from the bar say. They’re 25 gonna say he was just helping, you know, all he did was Page 91 1 help you -- help remove you because you were asked to 2 leave. So I don’t know. But anyway, I just wanted to 3 see if I could at least say substance abuse evaluation 4 ‘cause he seemed anti-alcohol. 5 MR. GALL: Tell ‘em I’m not -- yeah, Steve’s - 6 Steve’s talkin’ -- comin’, “Oh, if you’re going to 7 rehab for six months and that.” 8 I said, “What? No, I ain’t.” 9 MS. HADAD: I know. Shh. I just wanted to . . . 10 (Recording is paused) 11 BY MS. VICKERS: 12 Q Okay. So Mr. Gall, in this situation, sounds like 13 he does not want to go to rehab. Is that accurate? 14 A Yes. I mean, there was never an offer of rehab. 15 Q But Mr. Sullivan is pushing for him to go to 16 rehab. Is that correct? 17 A Yes. 18 Q And you were talking to Mr. Gall about mentioning 19 to the prosecutor that he would get a subs-abuse evaluation. 20 Is that correct? 21 A Um, I believe so. But that was based not on 22 Steven Sullivan but the victim having a concern. I did 23 speak to the victim. He was concerned about alcohol, that’s 24 all. 25 Q Do you recall that Mr. Sullivan at some point says Page 92 1 that if you get Mr. Gall probation that you guys will have a 2 big fight at home because he doesn’t want Mr. 3 Sullivan -- Mr. Gall to be on probation? 4 A I don’t remember that. But if he said it, I 5 believe you. But, I mean, you know, obviously, he’s the one 6 doing a lot of talking. But, you know -- 7 Q Okay. Let’s -- 8 A But I was going to do what I thought was best for 9 Mr. Gall. 10 Q And what was the resolution in Mr. Gall’s case? 11 A I believe he -- well, after this, he ended up 12 bonding out. And then after he got out, he was thinking he 13 might want probation. But then he ended up getting prison. 14 I believe he did get 18 months. 15 MS. VICKERS: All right. Let’s move on to Call 16 No. 9. Again, I’m going to fast-forward this quite a 17 bit, so you might not want to record, and I’ll let you 18 know. 19 (Recording begins below) 20 MR. SULLIVAN: All Solar on Ronald Reagan 21 Boulevard in Longwood. Get the phone number. 22 MS. HADAD: I let my phone ring here. 23 (Recording is paused) 24 BY MS. VICKERS: 25 Q Okay. And for the record, Call No. 9, there’s a Page 93 1 male voice on the phone. Who is that? 2 A That’s Steven Sullivan. 3 Q And there’s a female voice on the phone. Who is 4 that? 5 A That’s me. 6 Q Okay. I’m just going to forward it again to near 7 the end of Call No. 9. 8 (Recording is resumed) 9 MS. HADAD: All right. Let me get dressed. Well, 10 I guess I can stay on the phone, but I have to get 11 dressed. 12 MR. SULLIVAN: (Indiscernible). 13 MS. HADAD: Later, evidently. I don’t even know 14 if I remember how to masturbate. 15 MR. SULLIVAN: Whatever. 16 MS. HADAD: What? Well, you want me to go get the 17 thing, so . . . 18 Okay. 19 MR. SULLIVAN: (Indiscernible). 20 MS. HADAD: Of course I do. I miss phone sex. 21 It’s so nice to actually to talk to you. I’ve missed 22 you. 23 MR. SULLIVAN: I can’t wait to cum on your face so 24 bad, just watching you licking it all off my dick. 25 MS. HADAD: Me too, hon. Today’s been the best Page 94 1 day in a long time just being able to talk to you. 2 MR. SULLIVAN: Tellin’ you, I love you. 3 MS. HADAD: And I love you (indiscernible). It’s 4 getting hard having to send messages. 5 MR. SULLIVAN: I know. I’m sorry. I won’t put 6 you through it no more, I promise. 7 MS. HADAD: Oh, that’s okay. 8 (Recording is paused) 9 BY MS. VICKERS: 10 Q When you said it’s hard having to send messages, 11 what does that mean? 12 A I’m guessing it probably was when he was in 13 lockdown and, mmm, you know, he might have had someone call 14 me for him or something like that. 15 Q Or you would send messages through an inmate to 16 him? 17 A No. It was more about him, like, having someone 18 call me, or maybe like being nearby or -- you know, like he 19 might be close to the phone, telling ‘em what to say, and - 20 you know, and then I would say something to them and then 21 they would say it back to him. 22 Q Okay. And when they’re in lockdown, they’re not 23 allowed to receive any visitors or phone calls. Is that 24 correct? 25 A Yes. Page 95 1 Q So talking or passing messages back and forth with 2 him would be against the rules. Is that correct? 3 A Well, I mean, I wasn’t in lockdown, but -- I mean, 4 you know. 5 Q Passing messages to someone in lockdown would be a 6 violation of jail rules. Is that correct? 7 A I mean, I don’t know if they’re -- I mean, I’m not 8 sure about the rules of . . . 9 Q Okay. And then you mentioned on this phone call 10 that, “Well, I’ve gotta get dressed. You want me to go pick 11 the thing up.” Do you remember what that was referring to? 12 A I’m not sure. 13 Q Okay. 14 A It sounds like it may be a sex toy. 15 Q Okay. Why don’t we just keep listening. What 16 we’re listening for is, there was a situation where there 17 was a food stamp card that you were going to pick up from 18 the jail, belonging to another inmate. Do you recall that? 19 A Mmm, not really. I mean . . . 20 Q Okay. Well, we’ll listen. 21 (Recording is resumed) 22 MS. HADAD: I mean, the lockdown wasn’t the - 23 wasn’t your fault. 24 MR. SULLIVAN: Go get my phone today too, bitch. 25 MS. HADAD: All right, honey. I’m getting Page 96 1 dressed. 2 MR. SULLIVAN: I dread -- I know. I fuckin’ gotta 3 get my hair cut. 4 I already know (indiscernible). 5 Are you gettin’ dressed? 6 MS. HADAD: Yeah. Okay. 7 MR. SULLIVAN: Baby. 8 MS. HADAD: Yes. 9 MR. SULLIVAN: I love you, Linda. I do. 10 MS. HADAD: I love you too. 11 MR. SULLIVAN: All the things that -- all the 12 things I try to do from in jail for you, I do as much 13 as I can, doll (phonetic). 14 MS. HADAD: I know. Thank you very much. 15 (Indiscernible). 16 MR. SULLIVAN: See it? 17 MS. HADAD: I do. 18 MR. SULLIVAN: Okay. 19 MS. HADAD: You’re very sweet. 20 MR. SULLIVAN: Um-hmm. Hmm. 21 MS. HADAD: I can’t wait for you to be here. Got 22 less than a week. (Indiscernible) three years, but it 23 seemed like it was never gonna happen. 24 MR. SULLIVAN: I know. 25 MS. HADAD: I’m excited. Page 97 1 MR. SULLIVAN: I’m excited too. 2 Thank you for getting me a phone today. 3 MS. HADAD: You’re welcome. I still need to get 4 mine fixed. 5 MR. SULLIVAN: Shut up, bitch. I’ll get it fixed. 6 MS. HADAD: I know. (Indiscernible). 7 MR. SULLIVAN: I don’t need you stressing about 8 money, Linda. I get money. 9 MS. HADAD: I’m not. 10 MR. SULLIVAN: Okay? 11 MS. HADAD: No. I’m just sayin’. It’s not the 12 money. I just (indiscernible) like dealing with it. 13 MR. SULLIVAN: I’ll deal with it when I come home. 14 Promise you. Okay? 15 MS. HADAD: Okay. 16 MR. SULLIVAN: Watch how much money I come home 17 with the night I get out of jail. Just chill out. 18 MS. HADAD: Okay. I’m not worried about the 19 money. We’re just taking it, waiting, la, la, la. 20 MR. SULLIVAN: Oh, don’t start bitching ‘cause I’m 21 gonna have a new phone and you don’t now. 22 MS. HADAD: Well, I don’t care. (Laughter). 23 MR. SULLIVAN: I’m getting an old phone, though, a 24 Galaxy 3. The only reason I’m wanting a Galaxy 3 is 25 ‘cause I know how to use it. (Indiscernible) and Page 98 1 probably the screen’s broke, so maybe we can take it to 2 the flea market and have them fix the screen and then 3 sell it. 4 MS. HADAD: Mmm. 5 MR. SULLIVAN: You know what I mean? 6 MS. HADAD: Yeah, that’s a good idea. The 7 screen’s cracked, but it works. 8 MR. SULLIVAN: No, it’s just the -- the top layer 9 of the screen’s cracked. 10 MS. HADAD: Oh. 11 MR. SULLIVAN: It still works. I can touch - 12 touch -- touch everything on it, but -- 13 MS. HADAD: Um-hmm. 14 MR. SULLIVAN: I don’t know. I’m seriously over 15 this whole thing with my mom and dad right now. 16 MS. HADAD: Yeah. Like you said, we could fix it 17 and sell it. That’s what I’ve done with my old 18 iPhones. There’s a thing called iPhones for Cash. You 19 send -- they send you an envelope, you put it in there, 20 and, boom, less than a week later, it’s like a check 21 for $100, $150. 22 MR. SULLIVAN: I love you. 23 MS. HADAD: I love you. 24 MR. SULLIVAN: Hurry up. 25 MS. HADAD: Yes. Okay. Page 99 1 MR. SULLIVAN: I better not call you later and 2 you’re like, “Well, I didn’t get you a phone today.” 3 MS. HADAD: I’ll get you a phone. 4 MR. SULLIVAN: Today. 5 MS. HADAD: Today. 6 MR. SULLIVAN: Okay. And then listen. Are you 7 listening to me? 8 MS. HADAD: I’m listening. Um-hmm. Yes, I’m 9 listening. 10 MR. SULLIVAN: (Indiscernible) that one that - 11 shut up. How much more time (indiscernible) on this 12 phone? 13 MS. HADAD: Don’t know. I can check. I mean, I 14 put like $60, I think, yesterday. 15 MR. SULLIVAN: Okay. (Indiscernible). Yeah, 16 we’re fine. 17 Make sure you get me a phone today. Whatever it 18 costs, I’ll pay you it when I come home. 19 MS. HADAD: Okay. Yeah, I’ll check the phone line 20 (indiscernible). I’m sure I’ll be adding more. 21 MR. SULLIVAN: I have something special for you 22 planned. That’s why I really don’t -- I can’t have you 23 doing anything that day. I gotta . . . 24 MS. HADAD: Okay. 25 MR. SULLIVAN: Okay? Page 100 1 MS. HADAD: All right. 2 MR. SULLIVAN: (Indiscernible) flowers everywhere 3 for you. It’ll be awesome, I promise. It’s gonna blow 4 your mind. I love you. 5 MS. HADAD: I love you. I’m just gonna be happy 6 you’re here. 7 MR. SULLIVAN: No. I’m trying to do something 8 super special for you. 9 MS. HADAD: Okay. Well, I won’t stop you. 10 (Laughter). 11 MR. SULLIVAN: Only thing I want you to do is sit 12 home and don’t blow my goddamn phone up. You can call, 13 text, but -- but I’m -- remember, I’m getting money to 14 support us, okay? 15 MS. HADAD: Okay. I won’t. I mean, I might 16 occasionally. 17 MR. SULLIVAN: I don’t give a fuck about 18 occasionally (indiscernible). I’ll answer your calls 19 always, no matter what. 20 MS. HADAD: Okay. 21 MR. SULLIVAN: I love you from the bottom of my 22 heart. Promise me you’re gonna go get me a phone 23 today. 24 MS. HADAD: I promise you I’m gonna get you a 25 phone today. Page 101 1 MR. SULLIVAN: I love you. 2 MS. HADAD: I love you. 3 MR. SULLIVAN: I’ll call you in a little bit. 4 Come straight out (indiscernible). 5 MS. HADAD: Okay. 6 MR. SULLIVAN: Love you. 7 MS. HADAD: Yes, sir. Will do. I love you. 8 MR. SULLIVAN: Are you dressed? 9 MS. HADAD: Yeah, I’m dressed. I’m just fixing my 10 makeup a little. 11 MR. SULLIVAN: Linda. 12 MS. HADAD: (Indiscernible). What? 13 MR. SULLIVAN: You see what time it is? 14 MS. HADAD: Yeah. 15 MR. SULLIVAN: Lady, please get in the car and 16 come get this stuff (indiscernible). 17 MS. HADAD: Okay. 18 MR. SULLIVAN: And then listen. 19 MS. HADAD: One minute. 20 MR. SULLIVAN: This is what you can do. When you 21 drive by -- 22 MS. HADAD: Um-hmm. 23 MR. SULLIVAN: --- AT&T, you can pick the phone up 24 and then go shopping and spend $1200. I don’t care if 25 you spend all of it. Page 102 1 MS. HADAD: Okay. 2 MR. SULLIVAN: I’m paying $250. So what? Long as 3 you’re happy. 4 (Recording is paused) 5 BY MS. VICKERS: 6 Q Okay. So there’s -- he wants you to come pick it 7 up. He’s talking about a food stamp card. Is that correct? 8 A I -- I mean, like I said, it was so long ago, I 9 don’t really remember. But . . . 10 Q And there’s a conversation about you spending 11 $1200. 12 A Right. I don’t know what . . . 13 Q And there’s multiple phone conversations about you 14 asking him what he likes to eat, what he likes to drink so 15 you can go out and spend the food stamp card. Is that 16 correct? 17 A Well, I guess I was just agreeing with him, but 18 that never happened. There was no pickup of a food stamp 19 card. 20 Q Okay. But the intent was that you were going to 21 pick up a food stamp card and go spend it. Correct? 22 A Right. Well, I did have money to buy food and 23 stuff. I mean, I was going to buy food and drinks for him 24 anyway. 25 Q If you can, just listen to the question. Page 103 1 A Okay. 2 Q The intent was for you -- he was going -- a friend 3 in jail was giving him a food stamp card. Correct? 4 A Right. It’s all -- 5 Q And that food stamp card was worth $1200. Is that 6 correct? 7 A I don’t know, ‘cause I never saw it. 8 Q But that’s what he told you. 9 A Yes. 10 Q And the deal was, that when Mr. Sullivan got out 11 of jail, he was going to bond this other inmate out for 12 $250. 13 A Okay. 14 Q Yes or no? 15 A I guess it was so long ago, it’s hard for me to 16 remember everything. But I did -- like I said, I was 17 planning on buying food and drinks for -- 18 Q Okay. 19 A --- for him regardless. 20 Q That’s not the question. 21 A Oh. 22 Q The question is, that there was a plan for you to 23 pick up a food stamp card that did not belong to you or 24 Mr. Sullivan. Is that correct? 25 A Yes. That’s what he wanted me to do. Page 104 1 Q And you were going to spend all of the money on 2 that food stamp card before he got out of jail. Was that 3 the intent? 4 A No. I mean, I was just agreeing with him, 5 basically. 6 Q So you had no intention of ever coming to get the 7 food stamp card. 8 A No. I didn’t want to do anything like that. 9 Q And you never went and even tried to pick it up. 10 A I did go to the jail, but . . . 11 Q To try to pick up the food stamp card. 12 A Yes. 13 Q Out of somebody else’s property. 14 A Yes. But I wasn’t going to use it. 15 Q All right. I’d like to go to Call 61. 16 (Recording begins below) 17 RECORDED VOICE: Hello. This is a prepaid collect 18 call from -- 19 MR. SULLIVAN: Steven. 20 RECORDED VOICE: --- an inmate at the Volusia 21 County Division of Corrections. This call is subject 22 to recording and monitoring. To accept charges, 23 press -- thank you for using Securus. You may start 24 the conversation now. 25 MR. SULLIVAN: Hey. The felony is the aggravated Page 105 1 battery on a pregnant person. 2 MS. HADAD: Well, they’re both felonies. 3 MR. SULLIVAN: Oh. 4 MS. HADAD: Aggravated battery -- 5 (Recording is paused) 6 BY MS. VICKERS: 7 Q Okay. Again, there’s a male voice on this call. 8 And who is that? 9 A That’s Steven Sullivan. 10 Q And there’s -- 11 A The female is me. 12 Q I’m sorry? 13 A The female is me. 14 Q Okay. Thank you. 15 (Recording is resumed) 16 MS. HADAD: --- battery, pregnant person, is a 17 second-degree felony. DV, strangulation, is a 18 third-degree felony.” 19 MR. SULLIVAN: Okay. 20 MS. HADAD: But -- 21 MR. SULLIVAN: Huh. 22 MS. HADAD: --- none of them are filed yet. 23 That’s just what he was arrested for. 24 MR. SULLIVAN: Okay. 25 MS. HADAD: But it also -- Page 106 1 MR. SULLIVAN: (Indiscernible) is a misdemeanor. 2 MS. HADAD: But he was -- but wait. Yeah, so tell 3 him a second-degree and a third-degree felony. But it 4 also says on those, I just noticed, ‘cause you asked 5 what he -- for those two cases, at first appearance, he 6 was ROR’d to pretrial ser- -- pretrial release, so he’s 7 technically -- he was ROR’d on the felonies on October 8 15th. 9 MR. SULLIVAN: Okay. 10 (Recording is paused) 11 BY MS. VICKERS: 12 Q So on this call, you’re talking to Mr. Sullivan 13 about someone else’s case. Is that correct? 14 A Well, about their arrest. 15 Q Someone else’s arrest. 16 A Yes. 17 Q All right. Is that someone that you’re 18 representing? 19 A I can’t even -- I don’t remember who it is. 20 Q Okay. All right. Let’s continue listening. 21 (Recording is resumed) 22 MR. SULLIVAN: Okay. 23 MS. HADAD: So tell him that. So he’s not even in 24 custody on those, so he must have got -- he must have 25 blew -- the misdemeanors or something. Let’s see. You Page 107 1 want to tell him that while I’m looking up these other 2 ones? 3 MR. SULLIVAN: You got two felonies. You got 4 domestic violence by strangulation is a felony, and 5 aggravated battery -- 6 MS. HADAD: Third-degree. 7 MR. SULLIVAN: --- pregnant girl, is a second- 8 degree felony. 9 MS. HADAD: But he was ROR’d. 10 MR. SULLIVAN: ROR’d on them. Pretrial release. 11 You’re being held in jail for -- I already know why. 12 It’s the -- the violation of pretrial release on his 13 misdemeanors. 14 MS. HADAD: Yeah, it may be. I’m trying to see 15 when the misdemeanors -- 16 MR. SULLIVAN: I already know that. He told me 17 that already. 18 (Recording is paused) 19 MS. VICKERS: Okay. I’m going to fast-forward for 20 a minute. 21 You can start recording now. 22 (Recording is resumed) 23 MR. SULLIVAN: I’m going to Leo (phonetic) to 24 get meth. Going to get some powder for you. I’m going 25 to get some crack from the black guy. I’m going to get Page 108 1 some mother-fuckin’ pills for you, some more pills for 2 you. 3 MS. HADAD: Well, we gotta get some Xanax if 4 you’re gonna have all this meth. Have you ever done 5 it -- 6 MR. SULLIVAN: Done what? 7 MS. HADAD: --- to see what it’s like? 8 MR. SULLIVAN: Done what? 9 MS. HADAD: Meth. 10 MR. SULLIVAN: Yes. Girls like it more than guys 11 do. 12 MS. HADAD: I want -- I figured it’s like old 13 cracky (phonetic). 14 MR. SULLIVAN: Girls, they really . . . 15 MS. HADAD: (Indiscernible) girls. 16 MR. SULLIVAN: I’m serious. Guys love it, but 17 girls cum off of it. You can take a needle and put 18 a -- put some in a spoon and -- you should not overdose 19 off of meth. First of all, let me explain that to you. 20 I mean, soon as you shoot ‘em up -- I’ve seen it, 21 Linda. Soon as you -- they push that needle in that 22 person’s arm, they cum in their pants. 23 MS. HADAD: I’m not doin’ that. 24 MR. SULLIVAN: Bitch, you do what the fuck I tell 25 you to do. Page 109 1 MS. HADAD: I’m not shooting up meth. I can cum 2 without -- 3 MR. SULLIVAN: Shut up. 4 MS. HADAD: (Laughter). 5 MR. SULLIVAN: At least try it? 6 MS. HADAD: I’m trying to figure out why 7 (indiscernible). 8 MR. SULLIVAN: Don’t tell me you’re not going to 9 try something. I got plans (indiscernible). 10 MS. HADAD: Fine. Shoot (indiscernible) I’ll cum 11 in my pants. 12 MR. SULLIVAN: Shut up. I want you to be -- feel 13 it. 14 MS. HADAD: Okay. 15 MR. SULLIVAN: So what? It’s a brand-fuckin’-new 16 needle. Go buy a diabetic needle. I’m gonna shoot you 17 up one goddamn time. You act like it’s such a goddamn 18 crime ‘cause I want you to be in euphoria for fuckin’ 19 30 minutes? Sorry. 20 MS. HADAD: All right. If you want me to, I’ll 21 try it. (Indiscernible). 22 MR. SULLIVAN: I don’t care. Linda, stop. 23 MS. HADAD: I want to know why. You ask me 24 questions. 25 MR. SULLIVAN: Don’t tell me why. Page 110 1 MS. HADAD: Okay. Well, I’ll get it. You asked 2 me . . . 3 MR. SULLIVAN: So why’d they charge him with two, 4 then? I’ll go (indiscernible). 5 MS. HADAD: (Laughter). (Indiscernible). No. 6 Read the -- 7 (Recording is paused) 8 BY MS. VICKERS: 9 Q Okay. So in that call, you’re talking about drug 10 use with Mr. Sullivan. 11 A He was joking. Those were all jokes. I know it 12 doesn’t sound good, but no, he wasn’t -- that wasn’t a plan. 13 It was kidding. 14 Q Have you ever used drugs with Mr. Sullivan? 15 A Um, yes. 16 Q Was that before he was in jail or after he was 17 released from jail? Or both. 18 A After. 19 Q After he was released from jail. 20 A Um-hmm. 21 Q What drugs did you use with Mr. Sullivan after he 22 was released from jail? 23 A Just crack cocaine. 24 But that call was -- he was kidding. It was -- he 25 wasn’t going to get all these drugs. Page 111 1 Q And he was released in October of 2013. Is that 2 correct? 3 A Yes. 4 Q And when did your relationship with Mr. Sullivan 5 end? 6 A Um, oh, probably about within a month. 7 Q After his release? 8 A Yes. 9 Q So before, let’s say, the end of the year. 10 A Yes. 11 Q Of 2013. It would have ended before then. 12 A Yes. 13 Q Okay. 14 A Around Thanksgiving. Before Thanksgiving. 15 Q How many times did you use crack with Mr. 16 Sullivan after you got out -- or after he got out of jail? 17 A Mmm, maybe three or four times. 18 Q Okay. Any other prescription pills? Any other 19 narcotic? 20 A No. 21 Q Do you recall being asked to call a listed victim 22 for another inmate while they were in jail? 23 A I’m not sure. 24 Q Okay. Are you familiar with a no-contact order, 25 what that means? Page 112 1 A Yes. 2 Q And what is your understanding of what a no- 3 contact order means in a domestic violence case? 4 A That you don’t have -- no contact between the 5 person and -- or -- or third party. 6 Q Okay. I’m sorry. So your understanding is that 7 the inmate, or defendant, is not to have any contact with 8 the listed victim. 9 A Yes. 10 Q And that includes third-party contact. 11 A Yes. 12 Q So if an inmate was asking you to call a victim on 13 his behalf and there was a no-contact order in place, that 14 would be a violation of the no-contact order. Correct? 15 A I suppose it would. I -- I didn’t think of it 16 that way at the time, but . . . 17 Q Well, that would be a violation of a court order. 18 A Yes. 19 Q Is that correct? 20 And you would be assisting in an inmate violating 21 that court order. 22 A Yes. 23 Q And did you represent the gentleman that asked you 24 to call the listed victim? 25 A I’m not sure who you’re talking about. Page 113 1 Q Okay. For the record, that would be phone call 2 36, where you call someone named Kim and start passing 3 messages between Kim and the inmate that’s in jail. Does 4 that sound familiar? 5 A No. 6 Q Okay. Are you denying that that happened? 7 A No. I’m just saying I don’t remember the -- I 8 mean, obviously, if it’s there, it’s there, but I don’t 9 remember. You know, that was a long time ago, so I can’t - 10 I would say, based on what you’re telling me, though, I 11 definitely didn’t represent this person, but I’m not sure 12 who they are at the time. 13 Q Okay. I’d like to play another phone call for 14 you. For the record, it’s No. 28. 15 (Recording begins below) 16 RECORDED VOICE: Hello. This is a prepaid collect 17 call from -- 18 MR. SULLIVAN: Steven. 19 RECORDED VOICE: --- an inmate at the Volusia 20 County Division of Corrections. This call is subject 21 to recording and monitoring. To accept charges, 22 press -- thank you for using Securus. You may start 23 the conversation now. 24 MR. SULLIVAN: You got it in? 25 MS. HADAD: I got it in, yeah. Page 114 1 MR. SULLIVAN: Cool. Let me hear you. 2 (Recording is paused) 3 BY MS. VICKERS: 4 Q Okay. And for the record, on Call No. 28, there’s 5 a male voice. Who is that? 6 A Steven Sullivan. 7 Q And a female voice. Who is that? 8 A I didn’t hear much of me, but I’m listening to me. 9 Q Okay. Well, I can play it again and -- 10 A No. That’s okay. 11 Q --- and ask you. 12 (Recording is resumed) 13 MR. SULLIVAN: (Indiscernible). 14 MS. HADAD: Ohhh. Ohhh. Ohhh. It hurts. 15 MR. SULLIVAN: (Indiscernible) baby. Think about 16 daddy (indiscernible). 17 MS. HADAD: Ohhh. 18 (Recording is paused) 19 BY MS. VICKERS: 20 Q Do you know what that phone call is about? 21 A Yes. 22 Q What -- what is happening on that phone call? 23 A It’s -- we’re having phone sex. Please don’t make 24 me listen to it anymore. Obviously, that’s why I didn’t 25 hear my voice very much, though. Page 115 1 Q Is that you on the phone call? 2 A Yes. 3 Q Okay. So obviously, if you’re having phone sex 4 with someone and saying I love yous and things like that, 5 that is much more than a friendship. Is that accurate? 6 A Well, yes. I mean, it still is a friendship, but 7 it’s, I guess, more of a relationship. 8 Q All right. Do you believe it is against the rules 9 to have phone sex with an inmate in jail? The rules of the 10 jail. 11 A Oh. I mean, I don’t see why it would be, but I 12 don’t know. I mean, it’s not -- I mean, he wasn’t doing 13 anything to himself. He’s just standing on the phone. 14 Q Do you think it is appropriate for an attorney to 15 be having phone sex with an inmate in jail -- 16 A No. 17 Q --- over the phone? 18 A Obviously not. 19 Q Do you believe that that would be a violation of 20 either ethical or professional conduct rules of The Florida 21 Bar? 22 A Probably. 23 Q All right. 24 A Obviously -- believe me, I’ve learned the lesson 25 for sure. Page 116 1 Q There was a lot of talk on the phone about Mr. 2 Sullivan getting you clients and collecting money for you. 3 What was the plan when he got released, as far as your work 4 goes? 5 A Well, I wasn’t -- I mean, again, you see he talks 6 a lot and he has a big mouth, and sometimes I’ve -- but just 7 not argue with him. But I was never going to let him go 8 collect money for me or anything like that. And that never 9 happened. I mean, obviously, someone can refer people to 10 you. That’s a good thing. But . . . 11 Q Did he broker a deal with someone named Dave, who 12 you were going to represent, to take possession of his 13 vehicle? 14 A Yes. But that never happened either. Again, like 15 I said, sometimes I would just say -- agree so he would shut 16 up. But I never did it. That didn’t -- that didn’t happen. 17 18 QO Okay. 19 A I mean, he was saying, “He would like you to 20 represent him. Instead of money, he could give you his 21 car.” But -- and he never took anything from that guy, 22 Mr. Hutton. He never took money from him, he never took 23 his car from him. Anything like that, I did. I mean, you 24 know, I never let him do anything like that, as far as 25 taking money from a client or property from a client. Page 117 1 But -- and I never took his car. 2 Q Do Mr. Sullivan and Mr. Carson know each other? 3 A No. 4 Q They don’t know each other at all? 5 A No. 6 Q Never met? 7 A I mean, they might have met, but they didn’t -- I 8 mean, I don’t think they know each other. 9 Q Okay. 10 EXAMINATION (continued) 11 BY MS. DAVIS: 12 Q Steven Sullivan, on a number of these calls, did 13 mention, as Ms. Vickers just said, about getting clients for 14 you, referring cases. Did he refer cases to you while he 15 was incarcerated? 16 A He did refer some people to me while he was in 17 custody. 18 Q Okay. And do you recall, did you have any sort of 19 agreement with him where he would go out and tell people 20 that they should hire you? Did you and him ever discuss him 21 doing that? 22 A No. I mean, he was really just doing it as -- you 23 know, to be nice. 24 Q Okay. Was he ever compensated for the fact that 25 he referred people to you? Page 118 1 A No. 2 Q Did you ever put money in Mr. Sullivan’s 3 commissary account? 4 A Occasionally. Yes. But it wasn’t -- believe me, 5 there was never an agreement like, Oh, ‘cause you sent me - 6 ‘cause this person retained me and gave me X amount of 7 dollars, I’m going to give you money. I mean, there was 8 never an agreement like that. It was more because of the 9 friendship relationship. I was being nice to help them. 10 But it wasn’t -- there was never any type of professional, 11 like, “You do this and I’ll do that” type of thing. 12 Q Okay. And going back to when Mr. Sullivan was 13 first incarcerated. You mentioned earlier he went in 14 whereabouts August of 2013. Your relationship with him 15 started after that. Do you recall specifically when you-all 16 started the dating relationship? Was it August 2013? Was 17 it September? When did you start the dating relationship? 18 A I would have to think about that and -- I might be 19 able to remember, but not the -- right now I can’t recall 20 exactly. 21 Q But you weren’t dating him before he went in to 22 jail. Is that correct? I believe that’s what you testified 23 to today. 24 A Yes. We were just friends. 25 QO Okay. So at some point while he was incarcerated. Page 119 1 Was it early on after he was incarcerated that you began 2 dating him, or was it after he’d been in for a little bit? 3 A Mmm, well, I’m not sure when he went into custody 4 exactly. Mmm, I can’t recall 100 percent. 5 Q When did you begin your representation of Mr. 6 Sullivan? 7 A I mean, I would say it was before I began 8 representing him in the misdemeanor. 9 Q What was before? 10 A That we began dating. 11 Q You began dating before? 12 A Yes. 13 Q Okay. 14 A Believe me, I was an idiot and I wish I could take 15 it all back. He was horrible, and I regret ever - 16 everything. That was really bad. You know, sometimes you 17 want to believe -- think the best of everyone. 18 Q And you visited Mr. Sullivan as both an attorney 19 and a nonattorney? 20 A Yes. But when I did -- like I said, one time it 21 was to be a witness, or if he had legal issues, that kind of 22 thing. But we never had physical contact. I never brought 23 him anything. I wish I could just erase it all, ‘cause it 24 was -- he was horrible. 25 Q I want to go back to what was marked as Bar’s 3, Page 120 1 which is the stipulation for the credit. And just going 2 back to -- I believe you testified earlier that there was a 3 typed number and a handwritten number. 4 A Um-hmm. 5 Q Talk to me about how we arrived at the handwritten 6 case number on the document. 7 A That was just an oversight. I think just because 8 the way the judge worded it in court, it sounded like he 9 only got the jail’s -- the one sentence on one case, and 10 then it sounded like he just got probation on the other 11 case, just the way he worded it in court. But then he was 12 actually sentenced to the time in both cases, so it was just 13 an oversight. I left the case number off, but . . . 14 Q So when did you add the case number? 15 A Um, I would say -- I know Ms. -- John Reed was 16 aware of both case numbers. So I would imagine -- 17 Q Miss who? I’m sorry? 18 A The state attorney. He was aware it was for both 19 case numbers, for sure. 20 I mean, like I said, I can -- can get the judgment 21 and sentences for the -- both the cases now, ‘cause, you 22 know, since then, he’s been sentenced to prison, and you can 23 see he was given the same amount of credit in both cases. 24 And in the clerk’s actually there was errors where 25 -- in one case, when he violated and then went back into Page 121 1 custody, they weren’t reflecting the time that he had 2 before. There was a mistake on the clerk’s website. And I 3 can show you that he did get -- and now he’s been sentenced 4 totally. He got the same amount of credit in both cases. 5 I just -- I wasn’t trying to do anything sneaky, 6 and John Reed knew that he was -- it was for both cases. 7 So . . . 8 Q And before you filed that document, Mr. Sullivan 9 had hired you for the purpose of filing this document? 10 Because you mentioned earlier it was a very narrow issue. 11 So when did Mr. Sullivan discuss this document with you? 12 A Um, well, probably -- there’s -- I mean, I can’t 13 remember exactly. Probably very soon after he got 14 sentenced. 15 ‘Cause like I said, I was -- just happened to be 16 there in court because I was with the -- Xavier King’s wife, 17 and I was just -- so since I was sitting there for her 18 because her -- like I said, her son was a victim in a child 19 abuse case. She wanted someone to be there with her. 20 So I wasn’t even employed. I wasn’t planning on 21 being there for court for Mr. Sullivan. But just ‘cause I 22 happened to be sitting there, listening, I saw that there 23 was a mistake. I could see it looking at the website while 24 I was sitting in the audience. 25 So probably very soon after he had court, we Page 122 1 talked about it. 2 Q And he asked you to draft that? 3 A Yes. Believe me, I wish I didn’t. In hindsight, 4 I should have just contacted Ron Alexander so it wouldn’t 5 look -- ‘cause I know it doesn’t look great. But I wasn’t 6 trying to do anything deceptive or unethical. It was just 7 a mistake on the clerk’s website, and he was entitled to the 8 credit. 9 Q Did you ever have a written agreement for 10 representation with Mr. Sullivan? 11 A Um, I believe so, yes. 12 Q Okay. I’m going to need a copy of that -- 13 A Okay. 14 Q --- on Wednesday as well. 15 Did you ever have a written agreement for 16 representation with Brian Gall? 17 A Yes. 18 Q What about Brandon Carson? 19 A Yes. 20 Q And what about Cory Crooms, who we learned about 21 today? Did you have a written agreement for representation 22 with Mr. Crooms? 23 A Yes. 24 Q Okay. And I know he wasn’t on the original list 25 of the clients files that I’d like to see, but I’d also like Page 123 1 Mr. Crooms’ file -- 2 A Okay. 3 Q --- on Wednesday as well. 4 A Okay. The only thing is, like I said, I believe 5 he’s getting sentenced next week. 6 Q Okay. You can give me a copy of his file. 7 A Okay. 8 Q You don’t have to give me the original. Make a 9 copy of his file. 10 A Okay. 11 Q If you’ll need it for sentencing, that’s fine. 12 I’d like a copy of your file. 13 A Okay. 14 Q You said you put money in Mr. Sullivan’s 15 commissary account. Was this after you began representing 16 him? 17 A Mmm, I mean, I probably did put a little after I 18 represented him. But like I said, there was never an 19 agreement. It was just to help him out. 20 Q Ballpark figure, do you know about how much money 21 you put into his commissary account, in total? 22 A Mmm, oh, it was so long ago. I don’t want to say 23 the wrong number. 24 Q More than a hundred? 25 A Probably a little more than a hundred. Page 124 1 Q Okay. So -- 2 A A hundred would be . . . 3 Q So less than two hundred. 4 A I think so, yeah. 5 QO Okay. And what about Brian Gall? You testified 6 in Part 1 of the deposition that you put money into his 7 trust account. Approximately how much did you put into his 8 trust account -- I mean, into his commissary account? 9 A I think it was -- again, it’s hard to remember. 10 It wasn’t a lot. Something -- I’m thinking in the range of 11 twenty to forty dollars. 12 Q And Brandon Carson? You previously mentioned 13 putting money into his commissary account. Do you recall 14 how much you put into that account? 15 A That’s -- I think it would be a hundred or less. 16 Q Okay. So Brandon Carson was one hundred or less. 17 A Yes. 18 Q Mr. Gall was between twenty and forty dollars? 19 A Yes. I’m thinking forty. 20 Q Okay. And then Mr. Sullivan was between one and 21 two hundred. 22 A Yes. 23 Q Any other clients who you put money into their 24 commissary accounts? 25 A No. I mean, not unless -- I mean, I’ve had Page 125 1 people’s family ask me to drop their money order off, that 2 kind of thing, if I’m going to the jail, but -- I mean, that 3 they bought and paid for. But they’ve got -- I can’t 4 remember who. But that’s it. 5 Q Mr. Crooms, has he ever been incarcerated? 6 A Yes. 7 Q Have you ever put money into his commissary 8 account? 9 A No. 10 Q And you mentioned that he was -- I think you 11 testified that he was a friend also, earlier? 12 A Yes. 13 Q Did you ever have a sexual relationship with Cory 14 Crooms? 15 A No. 16 Q What about Brian Gall? 17 A No. 18 DIRECT EXAMINATION (continued) 19 BY MS. VICKERS: 20 Q What about any other -- 21 A No. This is it. 22 Q --- person who was incarcerated? 23 A These are the only two. And like I said, I wish I 24 could get a time machine and erase everything with Steven 25 Sullivan, because he really was not a nice person once he Page 126 1 got out of jail. I fell for all his car salesman lines 2 and . . . 3 Q Is he a drug dealer? 4 A I mean, I -- he might have been at some point. I 5 don’t think -- I mean, maybe -- I think he was a long time 6 ago. 7 Q What did he do for work? 8 A He said he did -- I don’t know. He said he did 9 trees. You know, something like tree grooming. He said his 10 family had a big tree business. But he ended up -- he’s 11 just a loser. 12 MS. DAVIS: That’s all I have. 13 MS. VICKERS: Okay. 14 MS. DAVIS: So that will -- we’re going to - 15 we’re not going to say conclude the deposition. We 16 will say it will be continued. If we find any other 17 information and need you to come back, you’ll remain 18 under subpoena. But for right now, we don’t have any 19 further questions for you. 20 We do plan to get this portion of the deposition 21 transcribed, so you’ll need to let the court reporter 22 know if you plan to read or waive. 23 We’ll need the exhibit back, please. Thank you. 24 MS. HADAD: If you do read, what is -- what do I 25 have to do? Page 127 1 COURT REPORTER: She’d have to come to Orlando. 2 You could come to the Bar office to read it. 3 MS. HADAD: Yeah. Well, maybe put me down as a 4 read. If I change my mind, I’ll let you know. 5 COURT REPORTER: Do you have an email address? 6 MS. HADAD: Yeah. 7 COURT REPORTER: May I have it, please. 8 MS. HADAD: It’s my last name, h-a-d-a-d, dot, 9 [email protected]. 10 MS. VICKERS: I have a quick question. Have you 11 ever conducted depositions before? 12 MS. HADAD: Yes. 13 MS. VICKERS: Okay. At the end of your 14 depositions, do you give an instruction on read or 15 waive -- 16 MS. HADAD: Yeah. 17 MS. VICKERS: --- to witnesses? 18 MS. HADAD: Yes. But, I mean, sometimes they say 19 “We’ll email it to you.” 20 MS. VICKERS: Okay. 21 MS. HADAD: Different court reporters do different 22 things. 23 Believe me, I know what it is. 24 MS. VICKERS: Okay. 25 MS. HADAD: Don’t worry. I’m not that retarded. Page 128 1 No. It’s just some court reporters say -- 2 MS. VICKERS: We can conclude. 3 (Whereupon, on Thursday, April 16th, 2015, at 4 12:51 p.m., the foregoing proceeding was adjourned sine 5 die.) 6 * * * * * * * 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 129 ERRATA SHEET Please indicate any corrections, clarifications, et cetera on this sheet. Do NOT write on the deposition. In the event you wish to utilize this sheet, please sign your name beneath the corrections or clarifications. 1. Page____, Line____ should read: 2. Page____, Line____ should read: 3. Page____, Line____ should read: 4. Page____, Line____ should read: 5. Page____, Line____ should read: 6. Page____, Line____ should read: 7. Page____, Line____ should read: 8. Page____, Line____ should read: 9. Page____, Line____ should read: 10. Page____, Line____ should read: 11. Page____, Line____ should read: 12. Page____, Line____ should read: 13. Page____, Line____ should read: 14. Page____, Line____ should read: Page 130 SUBSCRIPTION OF DEPONENT STATE OF FLORIDA: ss: COUNTY OF ORANGE: Under the penalties of perjury, I, Linda Dawn Hadad, declare that I have this day read the foregoing deposition, and do hereby declare that the same is a true and accurate transcript of the proceedings had at the time and place herein designated (except for the notations as indicated on the foregoing Errata, if any.) ______LINDA DAWN HADAD Dated this ____ day of ______, 2015 Page 131 CERTIFICATE OF OATH STATE OF FLORIDA: ss: COUNTY OF ORANGE: I, the undersigned authority, certify that Linda Dawn Hadad personally appeared before me and was duly sworn. Witness my hand and official seal this the 29th day of April, 2015. ======RITA M. MOTT, CVR Notary Public - State of Florida Page 132 CERTIFICATE OF REPORTER STATE OF FLORIDA: ss: COUNTY OF ORANGE: I, RITA M. MOTT, Certified Verbatim Reporter and Notary Public for the State of Florida at Large, do hereby declare that I was authorized to and did report via Stenomask the deposition of Linda Dawn Hadad; that my tape was reduced to typewritten form under my supervision; and that the foregoing transcript is a true and complete record of that tape. I further declare that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorney or counsel connected with the action, nor do I have any financial interest in the outcome of the action. Dated this 29th day of April, 2015. ______RITA M. MOTT, CVR .. - r:J/.~ 94/J.J ;;, ? ~. )/).. ~- ~ ~ 7J IM.Q;v.J }?,., --- d'- _.&);.e ~ ..eJ . $;4 k<' @ Q~ ~~- &>.-~ ~ 0"'- r )v.vr n· ~{ (_,-t ;4 ~ ~ ~('/ ~- Q...,...... ~ ~~- gf.. __ /- ~ o-J-.~ ~ r ~ f- i ! . • I : I I I THE FLORIDA BAR'S EXHIBIT _L ------~·/ Jail Manaaement System Movement Hiltory - 925194 CARSON, BRANDON L May 112014 ~~ ~'i lnacheduled Event HOUS-UNSCH occurred at 05/18/2014 1:40-05/18/2014 1:40 lnacheduled Event HOUS-uNSCH occurred at 05/18/2014 4:28- 05/18/2014 4:38 vent CBJD-R1 (1211085) acheduled ilt 05/18/2014 111:30- 18:30 occurred at 05/18/2014 12:51 - 05/18/2014 15:35 Checked out ofVCBJ-I-A-oAYBEo-oD1 on the way to BJ0-01BJ at 05/18/2014 12:51 Completed event at 05/18/2014 15:35 May 12 2014 SJ,1'Ut-P~ lnachaduled Event CONT-VCBJCR occurred at05/17/201412:15- 05/17/2014 13:14 lnacheduled Event HOUS-UNSCH occurred at 05/17/2014 21:08- 05/17/2014 21:38 (j\.QS~,teJ ? May 18 2014 t4,ll~ lnachaduled Event RECR-BJYARD occurred at 05/18/2014 8:21 - 05/18/2014 8:22 .~ii.iAs.=ReGf*.i441UL_- --~.--.iil~~H ~~:!!f'..::r!i1vwu ;J;:Afiii~za"liii~. :J~t.~ ,I>r vent GONT-VCBJCR (12128D) acheduled at 05/20/2014 22:45- 23:00 occurred at 05/20/2014 22:44- 05/21/2014 0:02 Checked out of VCBJ-5-A-DAYBED-005 on the way to CONTROL ROOM VCBJ at 05/20/2014 22:44 Coq,leted event at 05/21/2014 0:02 May 21 2014 lnac:heduled Event HOU5-UNSCH occurred at 05/21/2014 13:58- 05/21/2014 13:57 · lnacheduled Event MED-EXAMBJ occurred at 05/21/2014 14:44- 05/21/2014 15:18 May 22 2014 lnac:heduled Event RECB:B~!!!=curred at 05/2212014 8:23-05/22/2014 UQ . . - -·; ~·n\ ~o .r1~·~"-4~.~-·- ~~~~~~~~~ t~~~~-~ ~!~JQ1J~asauzou 1t~P ' ~.tr> May 23 2014 B1Dfl-4k lnacheduled Event CONT-VCBJCR occurred at 05/23/2014 15:48- 05/23/2014'17:30 Chaoked out of VCBJ-5-A-10L-Q01 on the way to CONTROL at 05/23/2014 15:48 C~eted ev~UUIS~1!J7:30 J ~ants-REo (ut2842) ac:heduled at 05/23/201~ 2ct30- 21liJO occ~d at 05/23/2014 20:38- 05/231201U.t:05. ~C...I114ll>T May 24 2014 ~nt VIS-REO (1214772) ______...,.--,..,....,...,..--Mav.!UO'' ....-- . :-:-.:-1 e~"!!E-~!~152!~--~~~~ O&f2!/2014 :Q30- Z1:00 !!£Curred at05/27LZ!!L4_~~:J!~LU/20Ji 2~_] .SC.HUII>T May 28 2014 v./eQkl~~ lnacheduled Event CONT-VCBJCR occurred at 05/28/2014 7:44- 05/28/2014 8:18 0 Checked out of VCBJ-5-A-10L-Q01 on the way to VCBJ-CONTR at 05/2812014 7:44 Completed event at.Jt5/28i2014 .•t.1.l. _ ~~~~-Ci!lSU8)____!~~.!!.._~~!_0~~:_!8:00 occurr:ed at 05(2812014 18:22 -05/z8izo141!:08 J ifA.])A-I) May 28 2014 lnacheduled Event RECR-BJYARD occurRd at 05/2112014 8:21 - 05/28/2014 8:53 May 30 2014 ~,~ lnacheduled Event CONT-VCBJCR occurred at 0513012014 10:48- 05/30/2014 H:48 Checked out of VCBJ-5-A-10L-001 on the way to CONTROL at 05/30/2014 10:48 _C!).I!P~.tfd ~!llnt.»-0.5130/201~ ..11:4.8. . ·--- ... ·- ··------.....--... ___ ·--·-·· _ .... --· ~·"! Y'~:~o c~~~8~~~L~--~!~.'!.~..!~.CJ!!.~<.~~~.~ ~-:!!:oo ~!_at ~~30/2814 2o-~a -:-_~t30t.of4 2c:1~ } ~aH J.4l b T May 31 2014 lnacheduled E;.v.•ot.RECR-BJYARD- occurred.at 05/3J[~0,14 1:20 - 05/31/2014 8:34 treiit VIS;REO I 1??044111. ....,....,,...,. •t Oli/~1 t?n1.1 .ta·iil'.::; ti;.iil-·;;.;.:;;:;,;..;;·~ ~v,,;,;-t'A :i6:U::-:..••. :;...... ,._...... _ ::::: ·. THE FLORIDA BAR'S EXHIBIT 2 June 01 2014 Eve~t RECR-BJYARD (8242~8) echeduled et 08/01/2014 8:15- 8:30 ociUTid et 08/01/2014 8:25- 08/01/2014 8:311 June 02 2014 Unecheduled Event RECR-BJY6fl) OCCUITid It 08/02/2014 828- 08/02/2014 8:24 June 03 2014 -f&;eQ:>fty' Unecheduled Event CONT-VCBJCR occul'l"'ld It 011/03/2014 14:31 - 011/03/2014 18:43- ~a-t> Checked out of VCBJ-5-A-Ull-DOI on the wey to CONTROlet 011103/2014 14:31 ~~~_!~~:~~f~W@.~~~i19-.~•i~uillo3lzQ1!~::~~l~~H4:·-J SC~tDT June 04 2014 Ev!.!!!BE_9~ARD (824242) ~~.!!.~~/2014 8:15- 8:30 ~lt..OI/.M/20.tU;:tP..::Jllt1M/2014 8;20 ·--· \!Ven~REO (1220725) -~~~~04/Hi4 fD6_.:-~OOCUI'I"'Id ·~~~~- 011/04/~01~ J~ ~t-t> · June 05 2014 'f~-Wtz.$J)f11.k Unechecl.lled Event CONT-VCBJCR OCCUI'Tid 1t 08/05/2014 15:08- 08/011/2014 111:31'- l+'frt>Aj) Ct.cked out of VCBJ-5-A-IOL-DOl on the wev to CONTROL 1t 011105/2014 't5:08 Completed event It 011/05/2014 111:35 ..------.------Jun.OfS..20·4------ \ ~VI~-REQ (12.21883~~.-..!~~-~ !!~/.O.&LlOU..&3Cl.~1:09 OO'UtJd .tGllW/ZO.l!JUS. .:..~/~!~ ~~-~! .. f SC 1-#+f tt>T Unecheduliii'Cvinl tftmS-UNSCH OCCI.rred It 08/08/2014 21:12- 011108/2014 21:13 . Untchecl.lled Event HOUS-UNSCH OCCI.rred et 011108/2014 21:18- 08/011/2014 21:'18 ·' Vllltatlan report for CMION,IaNDON looldnge t25W4 Pebrullry 04 2003 tHru .June 07 2014 {7/20141:40:00 PM ' · . L..DIDA ~ . . · -----~----~~----~~ June 07,201418:20 Jail Managemenfl System H~lng History· 825184 CARSO.N, BRANDON L June 07, 2014 18:18 · Jal Management System Personal VIsitor.- 125184 CARSON, BRANDON L iJOOl/001 IN THE CIRCVIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE NO: 12-035284-CFAES .~• S OQI C.~ t. • C:.lll~~ STATE OF FLORIDA V'8, STEVEN SULLIVAN, Defendlnt. SDPULATIQ.N FOB 41 ADDIIPNAL OAVS OF JAIL CREDIT DONe AND ORDERED In Chlmbera, :l..'l.."Say of October 2013. Cc: Unda H.ct~. e.q.il8 John Reid, Aalltant State Alaney Voluala County BrMc:h .W, Booking - ~, ...THE---- FLORIDA BAR'S .. ~BIT LAW OFFICE OF LINDA D. HADAD, ATTORNEY AT LAW, P.A. 228 S. Beach Street, Daytona Beach, FL 32114 Office: (386) 320-6364 [email protected] DATE: JANUARY 10,2015 TO: KESHARA DARCEL DAVIS, ESQUIRE FROM: LINDA D. HADAD RE: COMPLAINT OF THE FLORIDA BAR, 2015-30, 334 (9D) Dear Ms. Davis, This is my response to The Complaint ofthe Florida Bar File Number 2015-30, 334 (9D), which is safe to assume stemmed from your investigation ofthe Complaint filed by Mr. Johnny Estevez. Let me begin be attempting to answer your specific questions to the best of my ability. 1. SECURITY CONCERNS OF WARDEN McCLELLAND To begin with, let me start by attempting to explain in detail the reasons for Warden McClelland's security concerns with regard to my entry into the Volusia County Branch Jail. It is difficult, if not impossible, to do so. Because there are no valid, legitimate reasons for his concerns. In actuality, he should have no security concerns, as none exist. I would never jebpardize everything I have worked so hard for to violate the jail's rules and policies in such a way that my Bar license could come into question. Being an attorney is the accomplishment of which I am most proud of in my entire life. I would never risk that for some boob in jail. Warden McClelland's concerns are completely based upon speculation and conjecture. They have absolutely no basis in fact, evidence or reality. No reason exists in reality, nor in the pages upon pages collected during the jail's investigation. Why? Because no reason exists. I did nothing wrong. Thus, to explain his concerns I must go into his head. My visitation was restricted because it came to the Warden's attention that I had a previous friendship established with someone who eventually landed in their institution. The Warden concluded that an attorney being allowed to have physical contact with an inmate who they knew beyond their legal representation could pose a security risk to his facility. He made this assumption with absolutely no foundation in fact. He conducted a large investigation and interviewed several inmates. He found absolutely no wrong-doing on my part, because none existed. You can see by reading about the questioning of my client Brian Gall by the jail on this topic his complete horror, dismay and chagrin that the jail would even imagine such behavior on my part (see other complaint documentation provided). He still decided to rule that I must visit inmates in the noncontact interview room. I would never do anything to jeopardize my license to practice law. I have worked way too hard to achieve this. I would never think of doing anything to compromise all of my hard work. To me, assuming I would do something in violation of my ethical obligations because I had a prior friendship with someone who ended up in their jail is akin to THE FLORIDA BAR'S EqBIT assuming a Correctional Officer would all of the sudden break the rules oftheir employment simply because one of their family members landed inside their facility. To me, that proposition seems ridiculous, just as the assumption toward me from the Warden seems ridiculous. I had a client whose mother is employed as a CO at the Volusia County Branch Jail. My client found herself housed in the jail for several months. They did not question her mother's integrity, as they should never have questioned mine. Her mother is still a correctional officer. I am still an attorney. I will not do anything to jeopardize that. I honestly believe the jail made my pre-existing friendship a big deal when it was in all actuality a non-issue due to an incident that occurred with a female public defender in the area in 2003. During that year, Victoria Holmberg developed a personal, dating relationship with a Defendant that was in this jail awaiting trial for murder. She was representing his mother and this is who eventually led her to him. There were hundreds ofjail phone calls to her office and cell phone from him, and many, many late night jail visits. There was also a rumor that sexual contact occurred during one of those late-night attorney visits. It all eventually came to the jail's attention, and then to her office's attention. She chose to resign rather than to be fired. I realize this occurred over ten years ago at this point. Yet, it is still often talked about amongst the legal community here in Volusia County. And I am of the strong opinion that this occurrence shaped the jail's opinion and interpretation of my previous friendship with an inmate. I feel they reflected on the wrongdoing that occurred in 2003 between those two individuals and assumed I would engage in similar such conduct. But, they couldn't have been more wrong. Yes, I am a female and he is a male. That is where the similarities begin and end, yet we were treated the same. There was nothing salacious or sneaky occurring on my end, and definitely nothing that could be interpreted as ethically questionable or a violation ofthe oath I took when I was admitted to the Bar. I wasn't trying to hide anything, as I was doing absolutely nothing wrong. Furthermore, to add credence to my feeling that this restriction was strongly motived by the incident in 2003, is the scope ofmy restriction. There are two correctional facilities here where criminal defendants are housed while they await trial. There is the Volusia County Branch Jail, which houses all males with pending felonies and most of the males with pending misdemeanors, and the Volusia County Correctional Facility, which houses all females with pending cases and sentenced males. My visitation restriction does not apply to the Volusia County Correctional Facility. It is limited at the Branch Jail. Thus, I am granted access into the regular attorney interview rooms at VCCF, where I visit my female clients. In these rooms, physical contact is possible. There are no barriers between attorney and client. Regardless, physical contact is limited to a handshake in both facilities per institutional policy. So, I guess I am only a safety/security concern when men are involved? I am being slightly sarcastic. One of the long-standing rumors that is often repeated is one that originated from comments made by that male inmate. After a visit with Ms. Holmberg in one of the farthest rooms from the control room and the C.O.s, he indicated to his cell mates that he now possessed a certain scent on his finger. In other words, he told the other inmates in his block that during that particular visit, he engaged in digital penetration of her vagina. I am of the adamant belief that the jail is highly embarrassed about the previous incident. They are going to do anything in their power, and I do mean anything, to ensure that something of that nature never, ever happens within the confines oftheir institution again. Even if it means going so far as to greatly encumber my rights with absolutely no evidence or facts, just fear and speculation. To clarify, I am allowed to visit clients at the Volusia County Branch Jail. But my visitation has been restricted to the Bondsman room. No physical contact is allowed. This is an issue one, because of the rumors and speculation it promulgates such as that of Mr. Estevez and two, because it is an encumbrance. I have to jump through extra hoops to get paperwork signed by my clients, and it is difficult to play audio and video discs with an adequate volume to be heard through the glass. But I wanted to make sure it was clear that I am allowed client access. I really was holding off on raising a huge issue, mainly because I don't enjoy being people's main topic of rumors and gossip. Long story short, the jail is completely wrong in their analysis ofthe situation. I was trying to ignore it in hopes that it would eventually return to normal. Now, as I write this, I am thinking a lawsuit might be in order. I am confident I would prevail as I am in the right. Enough of that for now. Hopefully I have said enough on the topic. 2. NON PROFESSIONAL RELATIONSHIP WITH INMA TE(s) 3. RELATIONSHIP WITH STEVEN SULLIVAN I had a friendship with Steven Sullivan before he landed in the Volusia County Branch Jail. We were friends. Just because we were friends, I would still never jeopardize my Bar license which I hold so dear. I would never do something that could be interpreted as unethical or unprofessional. Unfortunately, the Warden sees it differently. I guess he thinks attorneys don't value their professional license as much as a friendship. Well I do. I value it way more. And anyone who is a friend would never ask or expect me to do something that is in violation of my professional oath. A person that would do so is not a friend at all. I was simply trying to quell the Warden's concerns so he would allow my visitation to revert back to the normal attorney visitation. Since it is such an issue to the Warden, I wanted to make it crystal clear that if I had a friend end up in jail I would not assist that person legally. Ifi had another friend end up In jail I would igaore them completely until their legal issues were resolved .. To expound, I was unaware of any rule or issue at the Volusia County Branch Jail concerning this topic. To me, my situation was about 180 degrees away from Ms. Holmberg's, yet Warden McClelland viewed the two scenarios as interchangeable. Mr. Sullivan was in custody for a couple ofthird degree felonies. He'd previously been in jail on the same issues before being released on probation. So he already had some jail credit and he had already been on probation. Each charge carried a maximum penalty of five years in state prison. And generally, unless someone goes to trial, they do not receive the maximum for their charges. So, I don't know if the Warden thought I would assist him in some type of escape plan?!? I do now that that would be completely stupid. The maximum penalty for escape is fifteen years in prison. Even if he got out, he'd still eventually be picked up and required to answer to the new charges. He would now be facing much, much, much more time than he originally faced. Furthermore, now I would have serious felony charges too. Again, why would I ever be involved in that type of scenario? It makes absolutely no sense. So he would get out for five minutes, then he would be back in and going to prison for ten years or so. And I would be going right behind him, as well as being disbarred for certain. The Warden must think I was suffering from a traumatic brain injury or that I was stricken with Down's syndrome late in life? I don't know. I am not completely sure as to the Warden's thought process, but the idea that I would pose any type of safety or security concern was preposterous. Hey, he committed the crimes. He can sit in jail. That's that. I can be someone's friend and still think they should be in jail. Compare the above-mentioned scenario to a Defendant (Michael Colbertson) in jail awaiting trial for murder, and an attorney who visited him upon her client's request (his co-defendant and mother) who then fell head over heels in love. The state was seeking (and he received) the death penalty. He had a lot more to lose. He is obviously a master manipulator. And they clearly embarrassed the jail with their alleged behavior. Call me crazy, but to me these scenarios are polar opposites. Either way, since it is a hot button topic to the Warden, I just wanted him to know he would never have to worry about it occurring in the future. 4. - 6. THIS ISSUES CONCERNING THE JAIL CREDIT I will now inform you as to the circumstances and events that lead to me creating an innocuous document on his behalf, simply to correct an error that occurred in Court. To begin with, I would like to point that although the jail worked very hard to make this a scandalous issue (based upon my review of the documents provided by Bar Counsel), they failed. The jail contacted both the State Attorney's Office and the Judge's Office, obviously convinced they'd opened some Pandora's Box ofwrongdoing on my part. Yet, to their chagrin, they were mistaken. And Mr. Sullivan was released without incident. Before I say any more regarding his sentencing, I would like to provide a little background information pertaining to the Volusia County Clerk's Office. At the beginning of2013, the Volusia County Clerk of Courts did a complete overhaul to their computer system. Before the change, the computer system they were using to catalog defendants and criminal charges was rather antiquated. The operating system had the appearance of a program that was created in the 1980's. I believe the computer program they were using was the one instituted when they first began their computer system. I don't believe it had ever been updated until the 2012/2013 update. The new system was definitely needed and a vast improvement. Yet, it didn't come without its problems. There were ongoing errors and issues for several months following the conversion to the new system. I'd say it took a good part of a year to work out all of its kinks. I was present in Judge Marriott's court room on another matter on the date and time of Mr. Sullivan's sentencing. This was a sheer coincidence. My client's wife (Jackie Lee) was there to be present for a sentencing. Her child was injured. The male babysitter was charged with child abuse. He was being sentenced on the same date and time. This was a very emotional day for her. Since her husband and the child's father was in custody, she requested that I attend the sentencing hearing with her as moral support. As we awaited that defendant's sentencing, Mr. Sullivan was brought out to enter his plea and be sentenced. We were sitting it the audience together while he entered his plea and his sentence was pronounced. He was sentenced to a term in jail followed by drug offender probation. The jail sentence was concurrent, and he was to receive his high jail credit in both cases. Most of the judges in Vol usia County will give a defendant his high jail credit when he enters a plea of no contest in multiple cases. Judge Marriott is no different. It is standard operating procedure that when sentenced by him, a defendant will be given his high jail credit in both cases. In Mr. Sullivan's situation, for instance, he had two open felony cases. One case was slightly older than the other; the two did not occur at the same time. Thus, Mr. Sullivan had slightly more jail credit in the 2012 case (45 days to be exact). It was the intention of all involved- Assistant State Attorney John Reid, Defense Counsel Ron Alexander, the Honorable Judge Frank Marriott, the Clerk of Courts, and Steven Sullivan, that Mr. Sullivan was to receive his high jail credit in both cases. If not, he would have to serve additional jail time since he was forty-five days ahead in the 2012 case. As they were going through the plea colloquy and announcing his prior credit a question was raised. The number being suggested by the court clerks did not seem to comport with Mr. Sullivan's estimation of his time. Yet, looking at the website, it was the highest number stated under both cases at that moment. Since I was sitting in court waiting for the next hearing and I could hear there was an issue, I decided to review the clerk's website on my phone. The main reason I chose to analyze the situation is that I had experienced countless problems with the new website myself. I had previously had scenarios where I caught issues just in the nick oftime, thus making sure defendants received all oftheir jail credit. I had noticed on multiple occasions where partial jail credit had been accidentally deleted from someone's history. I had found one common, reoccurring issue: when a person was in jail, received probation, then violated probation and landed back in jail, somehow the clerks were removing the first jail credit from the computer system. That was not supposed to be the case. The clerk's website was supposed to reflect a person's total jail time from inception of the case until its resolution. If a person had been in and out ofjail on a ten times on one case, each jail stay should be reflected on the custody page for that case. Anyway, in reviewing Mr. Sullivan's case history in the court room, I found the same thing. In the 2012 case he was in custody forty-five days that was not being reflected in the number ofdays in custody on that page. I was able to easily deduce this by examining other aspects of the clerk's page for the case. I was able to establish all the first times he was arrested how long he was in jail, and all when he was released on probation. Then, with simple math, I added the days up and came up with the number: forty-five days. For some reason at this time on the clerk's website, it indicated his first time in jail was May 2, 2013. This was inaccurate. Mr. Sullivan was arrested on September 14,2012. He immediately bonded out, so that would equal one day of credit in the county jail. He was then arrested again on October 31, 2012. At that time he spent forty-four days in custody before being released to probation on December 13, 2012. Thus, the grand total in jail credit before May 2, 2013, the days ofwhich he was being deprived by the Volusia County Clerk of Courts, amounted to forty-five days. *NOTE* It is important to note that as ofthis date and time, the website is corrected. His correct time is now showing on the website for 2012-035264-CFAES. The forty-five days that had magically disappeared in October of2013 have now miraculously reappeared. I will attempt to print these pages out to provide to Bar Counsel for examination. So, I guess at this point all of the kinks have finally been worked out. Since I was present in the Court room and I was aware ofthe injustice, I fixed it. I prepared a stipulation. I then showed the state attorney the error on the website as to the missing days, and he signed it. As far as the handwritten case number, that was an innocuous error on my part. I printed out the stipulation and arrived at the State Attorney's Office. I didn't realize my error until I was away from my office, so the other case number was written in. The state attorney was fully aware that we were giving Mr. Sullivan the credit in both cases. If we weren't, the stipulation would have been meaningless. Because if he received the forty-five days in one case and not the other, his release date would have remained the same. At the time, I guess I was thinking it would be easier and faster for me to do it myself rather than to contact Ron Alexander and to have him handle it. I figured in the time it took me to get ahold of Ron Alexander, whose main practice is in Deland on the west side of the county, and attempt to explain the computer snafu and the missing days to him, I could already had it done. It was just as easy to explain it to the State Attorney as him. The benefit ofexplaining it directly to the State Attorney was that I could have it fixed at the time as well. Also, since I would have been informing Ron Alexander, his knowledge would have been second-hand. Maybe he wouldn't fully comprehend what I was saying. If he didn't get it, he couldn't explain it the John Reid. So, I took care of it. At the time, I was correcting a sentencing error that would have led to a person being incarcerated longer than intended. This was a pro bono act on my part. And, though I had an established personal relationship with Mr. Sullivan, I would go out of my way for anyone in a similar situation. I fight to defend the Constitution and protect people's due process rights. Had I been present in court and observed a similar injustice to a different defendant, I would still go out of my way to rectify the situation. It would be my duty as an attorney to correct such an error on anyone's behalfifl perceived it with my own two eyes. In hindsight ofcourse, I wish I had bothered Mr. Alexander to handle the correction. Oh well. I cannot change what has occurred in the past. I can only ensure you from the bottom of my heart that I only wanted to make something right. There was no wrongdoing on my part. Again, the agreement to give a defendant his high credit was standard operating procedure. That was the agreement on October of2013. And, but for a computer snafu, Mr. Sullivan would have been given the additional forty-five days in court upon acceptance of his plea. Unfortunately the number wasn't there for the clerks to see. I did this to correct what I perceived to be an injustice on Mr. Sullivan's behalf. Generally the jail doesn't receive this type of paperwork because 99.9% ofthe time these sentences occur in court and they are announced by the judge. The only reason paperwork was sent to the jail on his behalf was because of the flawed website. Maybe this particular jail staffer was unfamiliar with this type of sentencing, so it raised an eyebrow. But, even if it is done without the knowledge of the jail staff, these sentencing schemes are as common as bread and butter. I would say time at least 95% of the time, defendants in Daytona Beach who receive a jail sentence in multiple cases are given their high number as jail credit. It is a very rare and special circumstance if anything other than that occurs at sentencing. As previously stated, I would never risk my Bar license to assist a person in getting out ofjail early. This was the intended sentence and intended jail credit of all involved. This is why he was released from custody without incident even after the jail called everyone and their brother to stop it. Why was he released? Because that was the intention of all parties notified. There was absolutely no wrongdoing on my part. In further support of my contention that the high jail credit is standard operating procedure in front ofJudge Marriott, I would like to highlight a later occurrence in Mr. Sullivan's cases. Since he received probation, those two cases were not officially closed in October 2013. The cases are not over until the probation is successfully completed. If the probation is not successfully completed, a violation will be filed. The cases will be completely closed once he is no longer on probation. In those two cases, Mr. Sullivan did violate his probation once he was released from custody. He did that very quickly. He was picked up and taken back to the Volusia County Branch Jail. He was represented by Ron Alexander again. The State was done giving him chances. On July 31, 2014, his probation was revoked and he received a prison sentence. In 2012-035264-CFAES and 2013-300969-CFDB, Mr. Sullivan was sentenced to thirty month in state prison (2 Y2 years) with credit for 348 days county jail. Mr. Sullivan was given the same jail credit- 348 days- in both cases, though not his actual credit. Mr. Sullivan's actual jail credit in 2013-300969 was 149 days, yet he was given 348 days. He was given an additional two hundred days because he had more credit in the other case. This is completely analogous to the sentence given when I assisted with the stipulation. It is the parallel scenario, thus illustrating that this sentencing structure is indeed the norm in the Judge Marriott's court room. Apparently one particular jail worker was thrilled at the possibility of uncovering a scandal only to find none existed. Furthermore, by the time of his sentencing in July of2014, the clerk's computer system had been corrected. The forty-five days that had vanished from the custody page of their website had now returned. The computer now gave an accurate reflection of Mr. Sullivan's total jail credit in both cases. And, as previously stated, he was given the high credit. I will attempt to obtain some paperwork so that Bar Counsel may see that Mr. Sullivan did receive the same credit in both cases, though not his actual credit. I will also attempt to retrieve the documentation so that Bar Counsel may see his actual credit in both cases, as well as witness where the forty-five days had been deleted from the website for a brief period oftime. I've attempted to cover a lot of information for the Honorable Bar Counsel. I am hopeful that I have answered all of your questions thoroughly. I attempted to answer your inquiry to the best of my ability. I apologize if my response has been a bit repetitive or redundant. If you have any other questions or need any further information, please do not hesitate to contact me at (321) 480-6933, or hadad.lindara!vahoo.com. Thank you in advance for your consideration in this matter. Sincerely, Linda D, Hadad Linda D. Hadad, Esquire STATE OF FLORIDA COUNTY OF ORANGE AFFIDAVIT I, Shirley Coleman, after being duly sworn, say: 1. I am a staff investigator with The Florida Bar. My work address is The Florida Bar, 1000 Legion Place, Suite 1625, Orlando, Florida 32801-1050. 2. As part of my duties as a staff investigator, I have investigated Linda Dawn Hadad's conduct. 3. On October 13, 2014, I interviewed William McClelland, Warden of the Volusia County Jail. He stated that two months prior, he had to restrict Ms. Hadad's access to inmates. She was no longer allowed to have in person visits with her clients because of her improper physical contact with inmates during what were supposed to be attorney client visits. Warden McClelland said that she has had personal intimate relationships with at least two inmates who were clients. He stated that he also had issues with her soliciting for clients at the jail. He gave her a letter that prohibited her from visiting the jail for 30-90 days. Warden McClelland continues to restrict Ms. Hadad's access to inmates to date. 4. I have also spoken with judges and their judicial assistants regarding their interactions and communications with Ms. Hadad. I learned that Ms. Hadad engaged in a pattern of conduct of failing to appear timely for court. Further, Ms. Hadad's clients complained to the judges about her failure to provide them with Exhibit C reasonable communication or diligence in their cases. For example, on April 30, 2015, Ms. Hadad appeared in court for a bond hearing for her client, Willie B. Wyche. The case was before Judge J. R. Smith, who was handling cases for Judge Margaret Hudson, in Volusia County. Thereafter, Ms. Hadad left the courtroom before Mr. Wyche's case was called. Mr. Wyche was left unrepresented during his bond hearing and the bond was denied. 5. On May 7, 2015, I interviewed Danica Veira, Mr. Wyche's agent, who stated that Ms. Hadad had not met with Mr. Wyche at the Volusia County Jail to discuss his case. She further stated that she could not get Ms. Hadad to communicate with either her or Mr. Wyche. Ms. Viera tried to locate Ms. Hadad through the address on the retainer agreement, 228 South Beach Street, Suite 201, Daytona Beach, Florida 32114, but she was no longer at that address. 6. Ms. Hadad failed to inform Ms. Viera, as Mr. Wyche's agent, that she had closed her office location. 7. On May 18, 2015, I attempted to contact Ms. Hadad at her then listed bar address, 228 South Beach Street, Suite 201, Daytona Beach, Florida 32I I4. Ms. Hadad's office was no longer at that location. 8. I have attempted to contact Ms. Hadad on at least 20 occasions during the bar's investigation. On each occasion, her voicemail has been full; thus, I have been unable to leave voicemail messages for her. 9. On June 3, 2015, 1 attended docket soundings in Judge Terence Perkins' courtroom, at the Daytona Beach Justice Center. Docket sounding was scheduled for 1:30 p.m regarding Ms. Hadad's client, Anthony Annatone II. Judge Perkins began court proceedings at 1:38 p.m. Ms. Hadad was not present. Mr. Annatone complained to the court regarding Ms. Hadad's lack of diligence on his case and her failure to communicate with him. He was not aware that the State had made a plea offer of fifteen years for all three cases. He asked that Ms. Hadad be removed from his cases because she had not told him about the offer. Judge Perkins explained that Ms. Hadad is a private attorney and that he had the right to hire and fire who he wanted. 10. Attorney James Stanton was also present at the June 3, 2015 docket sounding for Ms. Hadad's client, Xavier Emanuel. He said that he took over this case recently from Ms. Hadad and had previously e-mailed her a joint stipulation for substitution of counsel and requested the client file. However, he had not heard back from Ms. Hadad. 11. Ms. Hadad arrived in court at 2:45 p.m. for the 1:30 p.m. docket sounding. The Duhart matter in which Ms. Hadad represented the defendant was called. Mr. Duhart complained to the Court about Ms. Hadad's lack of diligence in his case, which, he said, had been pending for two years without action. Ms. Hadad asked for a continuance. Judge Perkins replied "Ms. Hadad, what don't you understand about denied? Your motion is denied." Ms. Hadad then walked through the courtroom mumbling under her breath. The people in the audience observed her actions and shook their heads. 12. Ms. Hadad attempted to ask about the Tracy McConnell case repeatedly. The clerk told Judge Perkins that the case was not on the docket for that day. Judge Perkins told Ms. Hadad that he would not discuss the case that day. 13. At 4:20p.m., Judge Perkins told Ms. Hadad not to leave because he needed to speak with her. Ms. Hadad walked around for a few minutes. She then made eye contact with me and exited the courtroom. I saw a court deputy talking on her police radio. She then told Judge Perkins that "she just walked out the front door." Judge Perkins asked her to "tell her to come back." 14. A few minutes later, Ms. Hadad walked back into the courtroom. She then quickly exited the courtroom. At 4:45p.m., Judge Perkins concluded his docket sounding. He told the court clerks that they could go but he was going to talk with Ms. Hadad about "wasting my time and yours." He asked the court deputy to go find Ms. Hadad. The deputy exited the courtroom and returned five minutes later, stating that Ms. Hadad was in the building but she couldn't find her. The judge then asked two other court deputies to help find Ms. Hadad. About five minutes later, the female deputy returned and told the judge that she found Ms. Hadad sleeping in a witness room. The judge said "did you say sleeping?" The deputy replied "falling out of her chair sleeping." Ms. Hadad then reentered the courtroom and Judge Perkins discussed his concerns regarding her unprofessional conduct. 15. On June 4, 2015, 1 spoke with Judge Perkins' judicial assistant, Susan Price, by phone. She said that she got the e-mail from Judge Perkins on June 3, 2015, telling her to find Ms. Hadad. She said that she was able to reach Ms. Hadad by phone. She told Ms. Hadad that she had cases set for docket sounding at 1:30 p.m. Ms. Price said that Ms. Hadad acted like she didn't know what she was talking about. 16. I interviewed Judge Perkins and Judge Case regarding Ms. Hadad's conduct. They voiced serious concerns over Ms. Hadad's pattern of failing to appear timely or failing to appear at all for scheduled court matters. They were aware of Ms. Hadad's clients regularly expressing dissatisfaction with Ms. Hadad's lack of diligence and lack of communication in their cases. 17. On June 10, 2015, 1 was contacted by Volusia Judge Steven Henderson, who sits on the county criminal bench. Judge Henderson said he has known Ms. Hadad for many years. Judge Henderson said he has noticed a change in Ms. Hadad's behavior in the last six months to one year. 18. Judge Henderson stated that Ms. Hadad should have been present in his courtroom on May 26, 2015 for jury selection for a trial. She failed to appear and filed a last minute request for a continuance. 19. Judge Henderson instructed his judicial assistant to contact Ms. Hadad regarding this conduct. He said that his judicial assistant has left numerous voicemails for Ms. Hadad and has not received a return phone call. She has also sent Ms. Hadad at least two e-mails and has not gotten a response. 20. Judge Henderson said that on May 28, 2015 or May 29, 2015, he was conducting a trial on a different case. He saw Ms. Hadad come into his courtroom and sit in the audience. Ms. Hadad "ate a bag of chips loudly" and drank a soda in court. He said she stayed for several minutes and then left his courtroom. FURTHER AFFIANT SAYETH NOT. SWORN TO AND SUBSCRIBED before me this30-i.hday of June, 2015. a..~ ,, MARY A. STEVENS ~~ commission# FF 060423 • Expires November 8, 2017 8ondod TtlU TIO'f Fain I...... ,..IIOCI385-7019 Print, type, or stamp commission name of notary public X Personally known to me ____"* Produced the following identification Type of Identification produced: ______STATE OF FLORIDA COUNTY OF VOLUSIA AFFIDAVIT I, Terence Robert Perkins, after being duly sworn, say: 1. I am the Chief Judge for the Seventh Judicial Circuit Court. I hear criminal cases at S. James Foxman Justice Center, 251 North Ridgewood Avenue, Daytona Beach, Florida 32114-3275. 2. I often hear from defendants represented by Linda Hadad, Esquire that they can't contact her. I have also been told by defendants that plea offers from the state were not communicated to them by Ms. Haddad. 3. On June 3, 2015, 1 conducted a docket sounding scheduled to begin at 1 :30 p.m. in the Daytona Beach Justice Center. Despite having four cases on the docket, Ms. Hadad was not present when I began court at 1:38 p.m. This was troubling since many oD Ms. Hadad's clients have voiced strong dissatisfaction with her representation and frustration with the lack oD progress on their cases. I had assured them in Ms. Hadad's presence that we would review their dissatisfaction and the progress oDtheir cases at the June 3rd hearing. 4. The second case called that morning was for defendant, Anthony Annatone 11. Mr. Annatone was charged with a first degree felony punishable by life, a second degree felony and a third degree felony. 5. The state attorney said that Ms. Hadad was still the attorney of record on two oD Mr. Annatone's three cases. Mr. Annatone stated that he was not aware that the state attorney had made a plea offer oD fifteen years for all three cases. He asked that Ms. Hadad be removed from his cases because she had not told him about the offer. I explained to Mr. Annatone that Ms. Hadad is a private attorney and that he had the right to hire and fire his private counsel. Mr. Annatone announced that he wanted to fire Ms. Hadad and said that Ms. Hadad misses his court appearances, doesn't communicate and doesn't go to see him at the jail. 6. I expressed my surprise that Ms. Hadad was not present. I sent my judicial assistant an e-mail asking her to try to find Ms. Hadad. I then gave Mr. Annatone an a[ifidavit oD indigence to see i[i he qualified for a court appointed attorney for his cases. My judicial assistant e-mailed me back and advised that Ms. Hadad was on her way. I instructed Mr. Annatone to sit down and advised him that I would recall his case when Ms. Hadad arrived. Exhibit D 7. Ms. Hadad arrived in court at 2:45 p.m. for the 1:30 p.m. docket sounding. She requested a continuance and waived speedy trial in Mr. Annatone's case. I explained that there was a plea offer from the state attorney. Ms. Hadad said that she was going to file a motion to have the case transferred to Judge Frank Marriott, Jr. because the star witness was "offered stuftl for their testimony" and Judge Marriott had that case. 8. 1 then asked Mr. Annatone what he wanted to do about his lawyer. After speaking quietly with Ms. Hadad, Mr. Annatone stated that he would leave · Ms. Hadad as his attorney. I set the case for trial in August. The state attorney rescinded the plea offer. 9. Attorney John Stanton then asked about the Xavier Emanuel case. Attorney Stanton stated that he was there for attorney Eneid Bano, who had taken over the case from Ms. Hadad two weeks earlier. Mr. Stanton asked for a continuance. He explained that Ms. Hadad never signed the joint stipulation for substitution otl counsel and, as a result, they could not defend the client. Ms. Hadad said 'Til sign it now" and she signed it in open court. Mr. Stanton then filed the stipulation and notice of! appearance with the clerk. 10. Ms. Hadad went into the back holding cell area for a few minutes and returned to the courtroom drinking a Mountain Dew. 11. Defendant David Duhart's cases were called at 3:33 pm. Ms. Hadad stated that she had filed a Motion to Suppress in October or November and that the defendant was not happy with her representation. She said that she planned to file a motion to withdraw or a motion to continue. I reminded Ms. Hadad that the case had been continued many times and denied her motions. The defendant told me that he never said anything bad about Ms. Hadad. I set the case for a June 25, 20 15 docket sounding and July 6, 2015 trial. 12. Mr. Duhart asked about his Tampering case which had been pending for two years. He said that nothing had been done with the case. Ms. Hadad again asked for a continuance otl Mr. Duhart's cases and, losing patience, I replied "Ms. Hadad, what don't you understand about denied? Your motion is denied." Ms. Hadad then walked to the pews mumbling under her breath. Many people in the audience shook their heads in disbeliefl 13. I called the state attorney back up and asked which case would be going to trial. The defendant told me that there was video that Ms. Hadad had not shown him. I instructed Mr. Duhart that itl he does not hear from Ms. Hadad prior to the Motion to Suppress hearing, he can file for a new attorney. Mr. Duhart said "I think she wants me to fire her. She's not putting her all on my case." Ms. Hadad stated that "we're on the same page now." 14. Ms. Hadad then tried to ask me about the Tracy McConnell case. told her that 1 would address that case the next morning when it was scheduled. 15. At 4:12 p.m., I addressed the Frances Truitt case. Ms. Hadad stated that the defendant had cancer and was in another part ofi the state. She asked for a continuance because the co-defendant was making restitution. The state attorney said that there had been no agreement and that she was going to seek more than Pre-Trial Intervention (PTI) even ifi full restitution were made. I questioned why the case should be delayed as there was no agreement. Ms. Hadad repeated that restitution was almost done. I reminded Ms. Hadad that the case had already been continued five times. I informed her that I was not going to continue it again. 1 set the case for trial on July 6, 2015. 16. Ms. Hadad attempted to ask about the Tracy McConnell case again. The clerk informed me that the case was not on the June 3, 2015 docket. I advised Ms. Hadad that I would not discuss that case until it was called the next morning, when Ms. McConnell, her family and the ASA assigned were all present. 17. At 4:20 p.m., I told Ms. Hadad not to leave because I needed to speak with her about her chronic tardiness. Ms. Hadad walked around for a few minutes. She then exited the courtroom. A court deputy informed me that "she just walked out the front door". I requested the court deputy tell Ms. Hadad to come back. A few minutes later, Ms. Hadad walked back into the courtroom. She then quickly exited the courtroom. 18. At 4:45 p.m., docket sounding was concluded. I advised the court clerks and the prosecutors that they could go but that I was going to talk with Ms. Hadad about wasting my time and theirs. I asked the court deputy to go find Ms. Hadad. The deputy exited the courtroom and returned five minutes later, stating that Ms. Hadad was in the building but she couldn't find her. I then asked two other court deputies to help find Ms. Hadad. 19. About five minutes later, the female deputy returned and told me that she found Ms. Hadad sleeping in a witness room. I asked "did you say sleeping?" The deputy replied "falling out ofi her chair sleeping." Ms. Hadad then reentered the courtroom and sat at the attorney's table. 20. At 5:07 p.m., I told Ms. Hadad that she was habitually tardy and that she has not been on time for a single thing since I came to this division in January. Ms. Hadad apologized and said that every courtroom has a different system. She said she didn't know docket soundings went in alphabetical order. I told her that she wasted everyone's time which is unprofessional and rude. Ms. Hadad apologized again. 21. I let her know that I did not want an apology but rather a change in her behavior. Ms. Hadad again stated that every courtroom is different. She approached the bench and began to ask about the McConnell case again. I reiterated that I would not discuss it. 22. l instructed her to either be present or to call and say why she is not there which is common courtesy and professional. 23. Ms. Hadad's conduct during the June 3, 2015 docket sounding has been an ongoing issue. 24. As a judge, I hear numerous Rule 3.850 Fla. R. motions regarding ineffective assistance of counsel. Ms. Hadad's co auct nd inattention to her cases and clients not only deprives her clients of a re sonabl representation but hampers the Court's ability to effectively and efficient! deal w· hits docket. FURTHER AFFIANT SAYETH NOT. ~ SWORN TO AND SUBSCRIBED before me this~ day of June, 2015. Print, type, or stamp commission name of notary public ,/ Personally known to me ____ Produced the following identification Type of Identification produced: ______STATE OF FLORIDA COUNTY OF VOL USIA AFFIDAVIT I, Leah Ransbottom Case, after being duly sworn, say: 1. I am a Seventh Judicial Circuit Court Judge in the Criminal Division. My work address is S. James Foxman Justice Center, 251 North Ridgewood Avenue, Daytona Beach, Florida 32114-3275. 2. I have never before reported an attorney to The Florida Bar and do not take this lightly. 3. Linda Dawn Hadad repeatedly fails to appear timely for cases scheduled in front of me. 4. Ms. Hadad did not appear for the docket sounding scheduled for 1:30 on May 28, 2015 in State v. Jodiesue Marie Schofield, Case No. 2014-CF-305643. I had my judicial assistant email Ms. Hadad at 2:40 to inquire as to her whereabouts. My judicial assistant also telephoned Ms. Hadad, who answered the phone, and stated she had a flat tire and she would arrive in court approximately 2:50. 5. The next day, May 29, 2015, Ms. Hadad failed to appear for a sentencing hearing in State v. Cassandra D. Butler, 20 12-CF -31092. There were witnesses present and ready to testify. An attorney from The Office of Statewide Prosecution was also present from Orlando. 6. I was not able to proceed with the sentencing hearing due to Ms. Hadad's failure to appear. The sentencing hearing was rescheduled for June 9, 2015, at 10:30 a.m. 7. On June 9, 2015, Ms. Hadad failed to appear at 10:30 a.m. All the witnesses were present and ready to testify. The attorney from The Office of Statewide Prosecution had again driven to Daytona Beach from Orlando for the hearing. Ms. Hadad showed up at 10:47 a.m. for the 10:30 a.m. hearing. 8. I advised Chief Judge ofthe Seventh Judicial Circuit Court, Terence Robert Perkins, ofMs. Hadad's behavior and was told that she was taken off the court appointed list. Exhibit E 9. I have dealt with Ms. Hadad's behavior for six to eight months. Previously, I have spoken to Ms. Hadad about arriving on time for scheduled hearings and calling my judicial assistant if she will not arrive on time. I have seen no change in 1 her behavior, given her actions May 28 h and May 29th and her failure to call and notify the Court she would be late on May 28th. FURTHER AFFIANT SA YETH NOT. ~RANSBO~TOM CASE 15. CATHY BRICK Commission# FF 158176 Expl111 September 9, 2018 tondtll llllll ~ FMI....._.1Q0.315.1Qlt Print, type, or stamp commission name of notary public / Personally known to me =-----=-=-=-Produced the following identification Type ofldentification produced: ______ Exhibit E RECEIVED The Florida Bar Inquiry/Complaint Form APR l 3 20\5 The Florida Bar •ACAP PART ONE (See Page 1, PART ONE- Complainant Information.): Tallahassee. Florida Your Name: Rebecca Buchanan Organization: ------·- Address: PO Box 291192 City, State, Zip Code: Port Orange Florida 32'29 Telephone: 386-299-8184 E-mail: [email protected] ACAPReference No.: ------==---=:---- Have you ever filed a complaint against a member oti The Florida Bar: Yes fXl No rJ It~. how many complaints have you filed? ;.1__ Does this complaint pertain to a matter currently in litigation? Yes C No OC PART TWO (SeePage 1,PARTTWO-Attorney Information.): Attomey'sName:~L=in~da~D~-~H=~==~------ Address: 444 Seabreeze Blvd Ste 435 City, State, Zip Code: Daytona Beach, Florida 32118 Telephone: 321-480-6933 PART THREE (See Page 1, PART THREE- FactsJAilegadons.): The specific thing or things I · am complaining about are: (attach additional sheets as necessary) (Note that this field maxes out at 1800 characters· attach additional sheets as necessary) On July 8, 2013, 1 gave a check for $500 to Attorney ~to have her represent my son. Months later when we needed to talk with her, we could not reach her. Her mail box on her phone was full and her office was gone. Her phone mail box is still full and not accepting messages. I live on social security and that $500 was almost all ofi my check. I would like my $500 returned to me. Exhibit F PART FOUR (See Page 1, PART FOUR-Witnesses.): lbe witnesses in support of: my aDegations are: (see attached sheet]. PART FIVE (See Page 1, PART FIVE- Signature.): Under penalties of: perjury, I declare that the foregoing fads are true, correct and complete. Rebecca Buchanan Print Name s-~~Jgnature April 8, 2015 Date RECEIVED The Florida Bar MAY 1 1 2015 Inquiry/Complaint Form 'The Florida Bar _AC Tallahassee, Florid:p PART ONE (See Page 1, PART ONE- Complainant Information.): Your Name: DaDi ca \J t irUt Organization: nIA- Address: J o-==s~5~Po:c-c-;l(--:5::--o-"n_5_lf~\-u_-L______City, State, Zip Code: ·1)e,\ C\, (\d I ]j 6 'd I ;2 aJ) Telephone: q Ol( Jlo L ~ 5'5 l E-mail: T:Jv.V'\\Lp,Lt__Qj~oo. LOm ACAP Reference~-: --....!\~5_-_.!...JiJw(o"-{O~(LJ~------ Have you ever filed a complaint against a member ofThe Florida Bar: Yes _r_··_ No 'IT~ If yes, how many complaints have you filed? __ Does this complaint pertain to a matter currently in litigation? Yes Y No--'- Attomey'sName:~~~~~~~~~~~~n---~------ Address: __:::d:....J)::::.<(S".:::!..~,.L_..,....,.I.J..L-~~_.:::~~~---;...... --...::.____!:______ PART THREE (See Page 1, PART THREE- Facts/Allegations.): The specific thing or things I am complaining about are: (attach additional sheets as necessary) (Note that this field maxes out at 1800 characters- attach additional sheets as necessary) S.e-c- ~1 -lctc btme~n--l- S ,, Exhibit G PART FOUR (See Page 1, PART FOUR- Witnesses.): The witnesses in support of my allegations are: [see attached sheet]. PART FIVE (See Page 1, PART FIVE- Signature.): Under penalties of perjury, I declare that the foregoing facts are true, correct and complete. ~~Y\A C L \(,e ., u ... Signature o5/o0 /,)uJs Date { I Untitled ( 1 .1 \ 11:34AM 516/2015 ~dh<. VJydu,J I Have Hired attorney Linda Hadad on my case 041.1912015 where he had ctf\ appearance for, 0412312015 (which she did not show up) & he was appointed a public defender, for, representatiion because Mr, wyche did inform the judge o(j his private attorney but she had ndts;gned orr,his case uf'ltit tt1e 25thday al April. She has yet to visit, communicate, reach out ,send him any information or, files in regards to his case or, set the proper, examples for, her, client whom has been incarcerated since the 18th day o{jApri12015. Ms. Hadad has an ethical obligation to keep me which i Danica Veira agreed to pay her, and her, client Willie Wyche informed as tolhe progress o(j his case in which she is failing to do so continuously On the 19th day o{jApril when the agreement was just signed and i gave her, the down payment, that was the last day i was able to get in contact with Ms Hadad when i even tried previously once before to go to her, office to whats going on and the address listed on the retainer, agreement hasnt been used by her, for, 6 months stated by the security in the building, which she never, stated those expectations with us in the begining. While Mr, Wyche has been incarcerated he has spoke with2 other, inmates who is to be represented by Ms Hadad in which they have been sitting for, 9months to 1 year, on there cases due to Mrs Hadads Represation and Faulty Ways & lies. She had set a bond hearing for, 04130/2015 which His judge who had put him on probation was no present so she called to resc~dule the bond hearing which i just today confirmed that when the judges assitant a~ Ms Hadad did she speak with the judge that was present that day and confirmed she said yes which she lied and we were then mislead to believe his bond hearing was re-set for, 051.1412015. Mrs Hadad Basically walked out on her, client and when he was called to the stand the bond hearing was denied & Pre-Trial set because she was nowhere to be found and she had also e-filled a waiver, o(j arraignment plea o(j not guilty form on 04/291.15 at 2:39PM without communicating with client none at all prior, to the day she was assigned to the case. He was even told Ms Hadad is under, investigation at the Branch jail for, previous matters which she did not set any o(j those expactions with me or, explain anyhting to me when i retained her, for, my representor, on any o(j the facts she is showing me and what im finding out on my own from other, people who have numerous complaints about Ms Hadad. Also when We Arrived for, his court appearance (bond hearing) scheduled for, 04/301.15 9:30AM. We arrived in courtroom 4B precisely around 8:30Am. My hired attorney Linda Hadad showed up around 9:25 which i stepped out to meet her~ We sat in the hall for, a few minutes to gather, information which my attorney Linda hadad which i stated previously, has not been returning any calls to her, client nor, has she had any visits or, communication to him while incarcerated at the Vol usia County Page 1 Untitled branch Jail . As we were sitting in the hall in front o'fj courtroom 48 State Attorney Jeanne Stratis walks out to go in a room, meanwhile Mrs. Hadad humbly stops Mrs.Stratis to ask he" quick question when responded she gave Mrs.Hadad a harsh response and then a dirty look as in reference to (i don't like you, why are you asking me any questions) once turned away, I'm on the outside looking in as Mrs.Hadad's client like is this really going on? So we then proceeded on with ou" conversation then re-entered the courtroom togethef< where i Danica rejoined the audience and Mrs.Hadad proceeded to hef Page2 • .W \ ttne_ss~J : D CLV\-d Du~arl . Yo tusia Cou·tt ty Bra V?C hJ ad wl 11; r.q i-il, tcs+n y ~~ ~5-I tv\i 5..\-kciU£1 {t ~ ~1\1_, \s ·1o be refr{ s~.flt 91_2 t.,u'J (las<- Ct s-vJe 11 C{ ,riLf ht0 ~ r't41 -f-d .Co IVl mu r1 ICttl-e. ,g ~ /1 ouJ h-t r e_ 1£1,'ca I du+t e._ s ct rtcl tJ bl ~ t-() /o Y' .5 .~ ~er (hen-} . , tor tko_ Pv'5t ~-eetx- d!O w~,IL. lnCO<"'ceJ'CAtcd • I ------· - - ~ Law Office ofLinda~D: Hadad, P.A. Attorney at Law RETAINER AGREEMENT CLIENT W; Itt {... CJ)-# e.fvL/ . MAILING ADDRESS !Jo S . f\es ~a J: .t\t c Q:lvri p<;li XtJ .. :"' J . rei RESIDENCE ADDRESS . \ ~ It ( ' ftla. I ., S· ~ HOMEPH~Iftj- ~iii WORKPHONE$ .tu-~;:;- ~ ~fXE_ 5>J' ~~(;.. CELL PHONE 9 =1 e 55"5 : ALTERNATE PHONE ~ ~;~ L - [)<<" SSN . ~ i#t!: OF BIRTH J~ : 'V MATTER : "[;Le, CJ o , ~~oc - ·· ··. I retain the Law Finn of Linda D. haoad, Esquire, P.A., as my attorney to represent me in the above matter, upon the following terms and conditions: 3. Billable hours include office and telephone conferences, legal research, preparation ot1pleadingsldocuments~ court appearances, travel, and any other time necessary to the preparation of my case. 4. Payment o£1 all out-of~opocket costs incurred, such as court reporter fees, filing fees, service fees, etc., shall be billed as i.l}cuyed and shall be paid by me within thirty (30) days. A cost deposit o£1$ N/ 1-t shall be paid by me immediately and be deposited into the trust account ofiiilda D. Hadad, Esquire, to be applied to these expenses. Any portion ot1the trust account balance not expended on costs will be applied to outstanding attorney's fees or will be refunded to me, if1no fees are outsta.nding. 1·· I will assist my attorney and make myself available for conferences upon reasonable notice, and keep my attorney informed of all matters relating to the case, and of1my current mailing address and all current telephone numbers. 6. In the event payment of all or pan of the reasoneble attomets fees or costs is made by the adverse party pursuant to agreement or court order, such payment shall be credited to a.-,y outstanding amount due and the balance shall be paid to me. 7. Linda D. Hadad, Esquire, shall have the right to withdraw from the case if I do not make payments required by this Agreement, and if I misrepresent or fail to disclose material facts, or if I fail to follow my attorney's advise. In any of these events, 1 . ' will execute the necessary documents to permit Linda D. Hadad, Esquire, to with~w. _ 8. All unpaid bills shall bear interest at the rate of eighteen percent (18%) per annum, after thirty (30) days. 9. Linda D. Hadad, Esquire, P .A., shall have a lien on ail of my documents, property, or money in their possession for the payment of all sums due Linda D. Hadad, Esquire, from me under the terms of this Agreement 10. If bills are unpaid and a mutually agreeable payment schedule is not made and · adhered to, I agree to bear the costs of collection, including a reasonable attomey's fee and court costs. Daytona Beach, Volusia County, Florida, shall be the venue for any such action. ri. I acknowledge that there are no guarantees in the disposition of any phase of the matt~ or matters for .which Linda D. Hadad, Esquire, P .A.~ has been retained, and that all expressions relative to my case ere only my attome~·~-:professional opinions. ~=,,_--~""-:;_; ,·<·-·--··- tl tJ,. .J. - . 6 DATED in Vol usia County, Florida, on this _ ...... l J ___ day of ey!l'; ( . .. 201- • ------~~--"=---,------ ,. 1 ? It' a ().)hi c_ h wa 5 t-\ ' ~~ c\ rs cvs~«i~ Filing #2fifi82290 E-:Filed04/29/2015 02:01:39 PM:~ 'WV\!L.re_ S lr\Q... 1\~VU S po ~- ~ . ~ " :. ....- r. I ~- / I t 0 0 -~-ef 'c~~-c 0\ n:o~ 0~~50c~ s'gnir:f 6, to \,U \\ \i e..s Case. IN THE CIRCUIT COURT OF THE SEVENTH CIRCUIT (1 IN AND FOR VOLUSIA COUNTY, FLORIDA STATE OF FLORIDA, CASE NO: 2015-101055-CFDL 2013-101241-CFDL vs. JUDGE: MARGARET W. HUDSON WILLIE B. WYCHE, Defendant ------~/ NOTICE OF APPEARANCE, WAIVER OF ARRAIGNMENT, PLEA OF NOT GUILTY. NOTICE OF DISCOVERY. DEMAND FOR JURY TRIAL The law office of Linda D. Hadad, Esquire, hereby files this appearance as attorney of record on the behalf of WILLIE B. WYCHE, the above-named Defendant. The Defendant consents to Linda Hadad's appearance as attorney of record in this cause, waives arraignment' and enters a plea ofNotGuilty·in ihis cause. Defendant reserves the right to object to ~urisdictional and other defects, and does not waive any motions, objections, or defects by entry of this Notice and Plea. Defendant gives notice of his election. to-participate in discovery in this matter, and • I I demands all material related to this case in the actual or constructive possession of the state as required under Fla. R. Crim. P. 3.220. Defendant respectfully requests a~ury trial in the above-styled cause. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice has been furnished by electronic service via the Florida Courts E-Filing Portal, in accordance with Administrative Order No. AOSC13-49, to: TheOffiee of the State Attorney;·t1ris:2:51h-day·of ., ApriL, 2015. l ~hi C h My . /s/ Linda D. Hadad ( e ( '1 p+S ~ow&d LINDA D. HADAD, ESQUIRE 1 ~._ u G.~ LH'\ d -L-r Attorney at Law -t V\.Q._ \ ('(\ pr R.'S5 j 0 p Florida Bar# 0542571 l P.O. Box 366 11uu;L 1\Ait t tv\V'b· t-4a qOd lrlo C { 0 . ::; Daytona Beach, FL 32115-0366 Si ~ 0(1 tO hJ 5: Ca sc; rr~fY1 Office: (386) 320-6364 "'£1( . ffiW f<_l fc;t, 1 VlR..;y Cell: (321) 480-6933 oi:{ rt:~ 1t..t) once... - , __ 1 • [email protected] ~9fe (.~~ {}J'O.i S '9 Yl-e.ett Attorney for the Defendant 51612015 Gmail- SMS wfth +13214800933 To: [email protected] And he had a sentencings day this week that lasted from 8:30AM until after noon [email protected] That was your case in Daytona ? + 13214806933 <+ [email protected]> Thu, Apr 30, 2015 at 1:36PM To: [email protected] So I figured court would be going at least 3 hours! So of court today it did not lol +13214806933 <[email protected]> Thu, Apr 30, 2015 at 1:37 PM To: [email protected] Thanks. And thanks for letting me vent. We will both pray and let's hope it improves. It's got to!!!! [email protected] No problem and dont worry we are going to get through these gloomy days just got to keep going and look through the peep hole to the brighter days. We will be alright , just leave it in God's Hands. danicavei ra17@gmai l.com If you ever need a friend or someone to vent to trust me, I am child of God I will always be here if needed. + 13214806933 <+ [email protected]> Thu, Apr 30, 2015 at 1 :49 PM To: [email protected] Thank you very much. I really appreciate that. And ditto:-) + 13214806933 < + 13214806933@unknown. email> Thu, Apr 30, 2015 at 1:51 PM To: [email protected] And I am sorry if I ever made you feel less important or like I don't care. Because I do! I will work on my communication skills! + 13214806933 <+ 13214806933@unknown. email> Thu, Apr 30, 2015 at 1:51 PM To: [email protected] As you see, sometimes it's all the other BS that gets in the way. danicavei ra17@gmai I. com Call me Sunday morning to check in for a payment and hopefully we can sit and talk a little more over a beer or 2 when you come to get it. danicavei ra17@gmai I. com Would you happen to know anywhere that's hiring by any chance ? + 13214806933 <+ [email protected]> Thu, Apr 30, 2015 at 2:11 PM To: [email protected] Okay, that sounds like a great idea. I'd really like that. + 13214806933 <+ [email protected] > Thu, Apr 30, 2015 at 2:12PM To: [email protected] And I can't think of anywhere off the top of my head, but I will keep my eyes peeled for sure! [email protected] Okay I'll talk to you then! Enjoy the rest of your day and don't stress so much remember your Linda Hadad, you got this girl + 13214806933 <+ [email protected]> Thu, Apr 30, 2015 at 8:29PM To: [email protected] I meant to ask earlier, what type of job are you looking for? Anything specific, or basically anYthing that will help pay the bills danicavei ra17@gmai I. com Anything that will help pay the Bills at this point + 13214806933 <+ [email protected]> Thu, Apr 30, 2015 at 8:34PM To: [email protected] K. That's what I was guessing but just wanted to ask in case p +13214806933 <[email protected]> Thu, Apr 30, 2015 at 8:34PM To: [email protected] Where do you work now? +13214806933 <[email protected]> Thu, Apr 30, 2015 at 8:35PM To: [email protected] Didn't mean to send the p, typ-o danicavei ra17@gmai i.com Okay thank you and I'm just doing hair now, I have my cosmetology certification but only valid in NY which is where I went to school. +13214806933 <[email protected]> Fri. May 1, 2015 at 10:44 AM 51612015 Gmail- SMSwith+13214800933 To: [email protected] Sorry, bad reception in this building + 13214806933 <+ [email protected]> Fri, May 1, 2015 at 10:45 AM To: [email protected] I'll talk to you more a little later. [email protected] He wants you to withdraw from his case, he will use a public defender. [email protected] If you don't withdraw yourself Monday morning you will be in trouble by the authorities +13214806933 <[email protected]> Sun, May 3, 2015 at 1:18PM To: [email protected] Don't you worry. I will. I read and was able to comprehend your first request late Friday afternoon. +13214806933 <[email protected]> Sun, May 3, 2015 at 1:19PM To: [email protected] My part will be done immediately. The judge has to sign off on it, however,so it may take her a day or two to complete the process. +13214806933 <[email protected]> Sun, May 3, 2015 at 1 :20 PM To: [email protected] I'm not in control of when the judge signs orders. [email protected] Thank you, I know she will be back in Wednesday so it should be completed by then. [email protected] But as long you have withdrawn yourself then no problem. danicavei ra17@gmai l.com Thanks for trying to help us but he's not wanting to go through with you representing him anymore, too many problems + 13214806933 < + 13214806933@unknown. email> Sun, May 3, 2015 at 1:24 PM To: [email protected] 51612015 Gmail - SMSwith + 13214800933 Okay, it will be done. You're welcome. [email protected] But I do know someone who is looking for a representative but they are in Orlando, +13214806933 <[email protected]> Sun, May 3, 2015 at 1:25PM To: [email protected] I understand. He could see Ms. Stratis doesnt care for me at all, so I can see why he thinks he may be better off. +13214806933 <[email protected]> Sun, May 3, 2015 at 1:26 PM To: [email protected] Hopefully she will offer him the community control at his next court appearance [email protected] That was the state offender? +13214806933 <[email protected]> Sun, May 3, 2015 at 1:27PM To: [email protected] But if Mr. Matt shoots for another bond hearing, make sure you get his mother there. I think her testimony to the court will make a big difference to the judge. [email protected] Hopefully! I will keep you updated though, because you have schooled me many ways since this situation has came at hand so I do thank you for that. +13214806933 <[email protected]> Sun, May 3, 2015 at 1:27PM To: [email protected] If the court hears from his mom I think he will get released while waiting to resolve the case +13214806933 <[email protected]> Sun, May 3, 2015 at 1:28PM To: [email protected] The state attorney is Jeanne Stratis. The public defender is Tom Mottz +13214806933 <[email protected]> Sun, May 3, 2015 at 1:28PM To: [email protected] Matt, I meant [email protected] Okay we will do that most definitely, but as far as the bond hearing he's just like forget it he wants to just be able to go to first arraignment + 13214806933 <+ [email protected]> Sun, May 3, 2015 at 1:29 PM To: danicaveira17@gmail. com You're welcome! You know I only want the best for him, and I truly wish he gets out very soon for you and his family. + 13214806933 <+ [email protected]> Sun, May 3, 2015 at 1:29PM To: [email protected] Yeah, good idea. He should get an offer From the state by then danicavei ra17@g mai I. com And get his offer from the state and the recommendation from his po danicavei ra17@g mail. com Thank you so much Linda for everything , if 1 ever need you in the future again or any legal questions I know I can count on you. + 13214806933 <+ [email protected]> Sun, May 3, 2015 at 1:30PM To: [email protected] Good thinking! + 13214806933 <+ [email protected]> Sun, May 3, 2015 at 1:31 PM To: [email protected] And give your friend in Orlando my number. I don't mind traveling +13214806933 <[email protected]> Sun, May 3, 2015 at 1:32PM To: [email protected] If you want, text me their name and number and I'll give them a call danicavei ra17@g mai I. com So as far as the date you said was set for the 14th would it still be there or would he just be going to the misdemeanor on the 8th and the arraignment on the 21st? danicavei ra17@g mai I. com & what can I do about them pleading out for him without allowing him to speak nor ask the questions if he understands what he's entering, under any medications etc ? 516'2015 Gmail- SMSwith+13214800933 [email protected] Because he really isnt wanting to go to trial June 16th which they stated +13214806933 <[email protected]> Sun, May 3, 2015 at 1:42PM To: [email protected] Believe me I'm not mad, I'm not offended, and I totally understand. You need to do what's best for Willie right now! [email protected] Hi Linda. give me a call when you get a chance + 13214806933 <+ [email protected]> Man, May 4, 2015 at 12:00 PM To: [email protected] Good morning! I'll give you a call in a bit. I'm in court right now. Talk to you shortly [email protected] Okay no problem [email protected] IMG_20150504_134954.jpg 335K [email protected] temp.jpg 376K +13214806933 <[email protected]> Mon, May 4, 2015 at 5:03PM To: [email protected] Don't worry. I've got you. I'm working on it! +13214806933 <[email protected]> Mon. May 4, 2015 at 5:03PM To: [email protected] It's just been a hectic day so far. +13214806933 <[email protected]> Mon, May 4, 2015 at 5:05PM To: [email protected] I finally have time to sit down in front of my computer, so very soon the paperwork to get him put back on the May arraignment docket will be filed. [email protected] Okay keep me posted, hopefully I can tell him some good news when he calls back tonight because I just got off the phone with him and you know how that goes. [email protected] I'm coming down with this horrible cold, I've been sneezing and coughing all day! [email protected] But yes please make it possible, because they were making it like it's so impossible for it to be done when I went to ask about the plea earlier. [email protected] Good morning , what's going on danicavei ra17@gmai l.com [email protected] I am at visitation now for 1pm, can I know something please to tell him??? [email protected] I need to hear from you asap, I'm really not trying to make a bar complaint on you because I know we are better than that and I hate to bring extra problems on other people but you are really pushing me in that direction ... please call or text me asap [email protected] I'm needing to know your ethical duties done towards his case, I'm really not trying to mend towards other options. [email protected] You have an ethical obligation to keep me informed as to the progress of my case in which you are not doing so The Florida Bar Inquiry/Complaint FornfD}.;~©~O~~Jn\ Mr. Jeffrey Addington U'"'~ MAY 0 1 2015 Jj} 2741 Charleston Place Deland, FL 32720 The :=!o:!cla3ar- ACAP :--a:;~·~g, F!or~~a PART ONE: (Read instructions on reverse side.) Your Name: e ." ill Attorney's Name: ---'=.l..Lli.A.Uo.--..L~~""""-----,----l Address:.:)741 0hu.& \e-<;:b- ~ \ Address: t.f ~n-l.{ 1"'\ u·-e..-d PART THREE: The witnesses in support ofimy allegations are: [see attach d.-sheet]. 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Exhibit H ~tt.V\~S , ~\J<- Ct- q ~-\.-. deL~, IN THE COUNTY COURT, IN AND FOR VOLUSIA COUNTY, FLORIDA 2015 101894 MMDL STATE OF FLORIDA CASE#: BATTERY v./------~------~ Charge{s): ( JEFFR~~-~~O!!_~I)I)I~g!q_~_-/) - 2741THARLESTON PLACE DELAND, FL 32724 IMPORTANT: PLEASE BRING THIS NOTICE WITH YOU TO COURT YOU ARE HEREBY NOTIFIED THAT THE ABOVE STYLED CASE IS SET FOR ARRAIGNMENT AT 8:30AM ON TUESDAY, APRIL 21,2015, BEFORE JUDGE SANDERS AT THE FOLLOWING ADDRESS: DeLand Courtroom 3A, 101 N ALABAMA AVENUE, DELAND, FLORIDA FAILURE TO APPEAR WILL RESULT IN THIS COURT ISSUING A CAPIAS FOR YOUR ARREST AND/OR SUSPENSION OF YOUR DRIVING PRIVILEGES, IF APPLICABLE. COURT COSTS MAY BE ASSESSED AT TIME OF SENTENCING AND/OR ESTREATURE OR SURETY BOND AND/OR FORFEITURE OF CASH BOND. DEFENDANT: ADDINGTON, JEFFERYS (PTS) 946146 STATE ATTORNEY: HONORABLE R. J. LARIZZA C/0 JANICE M SIMPSON, ASST STATE ATTORNEY PUBLIC DEFENDER: HONORABLE JAMES PURDY DATED: April 07,2015 DIANE M:.M:AtolJSEK CLERK OF THE COURT VOLUSIA COUNTY, FLORIDA- IMPORTANT INFORMATION ON BACK- PLEASE READ Exhibit H Date ~ Description Amount Balance Pending THE SEWING WORKSHOP $152.25 $4,402.32 Pending Massage Envy 0520 $59.99 $4,250.07 04/27/2015 HAWTHORNE THREADS 845-835-6014 NY $114.82 $4,190.08 04/22/2015 PAYMENT- THANK YOU -$60.00 $4,075.26 ~ 04/21/2015 SQ *LEGALSVC LINDA HADAD Daytona BeachFL ~ $4,135.26 04/20/2015 MCDONALD'S F15634 DELAND FL $11.04 $3,615.26 04/20/2015 THE HALF WALL DELAND FL $80.48 $3,604.22 04/16/2015 SQ *AMY-J'S FACES & FEET Deland FL $42.00 $3,523.74 04/16/2015 NETFLIX.COM NETFLIX.COM CA $9.70 $3,481.74 Beginning balance as of 04/15/2015 $3,472.04 Go to: [Current transactions -~ ~h~h~-t b ~&u~ QW https: !I secu re.bankofamerica.com I myaccou nts/ brain/ red i rect.go?sou ... =c2a3ad5c 1a4 7c 1ae63 5d 1 b08f3e5ecd37aa91 fe4b 1fec3123e5778968165 8225 Page 1 of 1 Exhibit H _ __;:4-_ I;;:;_ J I l S No. Exhibit H ENT'D NOV 1 8 2014 RECEIVED · The Florida Bar Nov 1 7 2014 Inquiry/Complaint Form The Florida ear -ACAP Tallahassee, Florida Please carefully review this inquiry/complaint form once you have included all information. Note that there is a requirement for you to execute the oath at the end ofi this form. False statements made in bad faith or with malice may subject you to civil or criminal liability. Further information may be found in the pamphlet "Complaint Against A Florida Lawyer." Your Name: .:fDhl'\(\~ Esf-ev ez . What is the name and address ofithe attorney that is the Address: Volt AI ia eo~.~n t~ Co cctc. b'oo.I, 13 'ilf z;,J IM LcJeeo subject o~ this i":uiry~complaint? City: fu'dcaQ. Be DESCRIBE YiOUR COMPLAINT, PROVIDE DATES AND FACTS OF ALLEGED MISCONDUCT (Use a separate sheet it necessary. Do not write on the back ofi this form! Must be typewritten or dearly printed.) 1 I b,'IPd prNo..k o.±-1-orll~ Lmc4 l!donl( ~o60.0~QA :JIAI~ ~o, /.OIY h> defetd Me a+ M~ fflol. !) t~,;o:r ~:f~~~~ M~~~J~~~ :~~o~~ a~~s~:e::r +~~~:t~t:::lb~ ~~~ Ai1t.S\: ~ ~ol4 io the (o~o.d- coo0 MS. 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C•.l~ .f~.r:::uo.~..E'tu··~L"eco~i.e~.V\ .J...t~~ . « ~ ..1...... 4] ::z. <: _,., -'L .· . r c" k'" "'1: ....,. '1/'\., lA z.o · \ ···+·-~-B..r:- ..:u::..~\.l· .•~>J."!(.\Ji!"·r_g_ ~~ .t~ce-~+..lc...v...... LA-\D ••.••.. _Q..=t.J..•... -..~ ...... _...•. ~.. . -······-·········· -·-············-·········-···· ..Jie~}-3~...-----··-··-·· ·········.····--···~···· ········~--~---· ~~-... LL~li=~~-···~~···· ---·~--~- -~·-··········:1C.i:u:..Ll.~ .. loh~.I4..~X.CUo.2.~--··························-···· -.~...... C.E&:...t:ig,i~~Un~t----····· -·--········--~······~--·-···-············-·-· =::===~-- ~==~~~=~·=·===:~~=~~=:~.=~:::::~~~7~~=:-~==~:::=~ IN THE CIRCUIT COURT, SEVENTH JUDICIAL CIRCUIT, IN AND FOR VOLUSIA COUNTY, FLORIDA CASE No: 2013-304892CFDB DIVISION: 41 STATE OF FLORIDA VS. TRIZELL E. JOHNSON, Defendant. ------' ORDER STRIKING DEFENDANT'S PRO SE PLEADINGS/MOTIONS THIS CAUSE came before the Court upon the defendant's pro se Motion to Suppress Evidence. The Court, having considered the pleading and otherwise being fully advised in the premises, finds as follows: That all prose pleadings submitted while the Defendant has been represented by counsel are to be stricken in light ofi that representation. See Davis v. State, 586 So.2d 1038 (Fla. 1991) ("a criminal defendant does not simultaneously enjoy a right to assistance ofi counsel and the right to represent himself~ ..when the accused is represented by counsel, the privilege ofi addressing the court is a matter for the court's discretion."); see, also State v. Tait, 387 So.2d 338 (Fla. 1980). Accordingly, it is hereby, ORDERED AND ADJUDGED that the Defendant's above motion is hereby STRICKEN, as well as any future prose pleadings filed by the Defendant while he is represented by counsel. DONE AND. ORDERED in Chambers at Daytona Beach, Volusia County, Florida this tL7 day o£ June, 2014. ~ ~ ~ R.MICHAEL~N Circuit Court Judge Cc: Assistant State Attorney, Erica Kane Linda Hadad, Esq., 444 Seabreeze Blvd., Suite 435, Daytona Beach, FL 32118 Trizell Johnson Bk# 908895, VCCF, 1354 Indian Lake Road, Daytona Bch, FL 32114