state of new hampshire gail labuda, ) vs. ) december 22 ... · 12/22/2015 · 456-2015-cv-00394...

ΛVTranz www.avtranz.com · (800) 257-0885

STATE OF NEW HAMPSHIRE

9TH CIRCUIT COURT - DISTRICT DIVISION - MANCHESTER

GAIL LABUDA, ) ) Plaintiff, ) ) vs. ) ) SANJEEV LATH, ) ) Defendant. ) ______________________________)

District Division Case No. 456-2015-CV-00394 Manchester, New Hampshire December 22, 2015 2:37 p.m.

FINAL HEARING ON STALKING PETITION BEFORE THE HONORABLE GREGORY E. MICHAEL

JUDGE OF THE CIRCUIT COURT - DISTRICT DIVISION

APPEARANCES:

For the Plaintiff: John F. Bisson, Esq. CRONIN, BISSON & ZALINSKY, P.C. ATTORNEYS AT LAW 722 Chestnut Street Manchester, NH 03102

Pro Se Defendant: Sanjeev Lath

7 Northbrook Drive, #710 Manchester, NH 03102

Audio Operator: Electronically Recorded **Not Monitored** TRANSCRIPTION COMPANY: AVTranz 7227 N. 16th Street #207 Phoenix, AZ 85020 (800) 257-0885 www.avtranz.com Proceedings recorded by electronic sound recording; transcript produced by court-approved transcription service.

2


I N D E X

WITNESS(ES) DIRECT CROSS REDIRECT RECROSS

FOR THE PLAINTIFF:

Cynthia Camp 8/21 -- -- -- (Testimony) Betty Mullen 13 -- -- -- (Testimony) Dorothy Vashon 15 -- -- -- (Testimony)

FOR THE PRO SE DEFENDANT:

Sanjeev Lath 7 (Testimony)

MISCELLANEOUS PAGE

Taken under Advisement 35

EXHIBITS ID EVD

Defense's Exhibit A Affidavit -- 12

Defense's Exhibit B Photographs 27 --

3


(Proceedings commence at 2:37 p.m.) 1

THE CLERK: Gail LaBuda vs. Sajeev Lath. 2

THE COURT: Okay, thank you. 3

MR. BISSON: Good afternoon, Your Honor. 4

THE COURT: Good afternoon. 5

(Counsel confer) 6

THE COURT: All right, I've got Gail -- is it LaBuda? 7

I mispronounced that, I apologize. 8

MR. BISSON: Actually, Your Honor, this is 9

Ms. LaBuda's daughter, Cynthia. Ms. LaBuda was hospitalized 10

yesterday. Her daughter was there the night of the incident 11

that is complained of in the restraining order. But Ms. LaBuda 12

is not here. 13

THE COURT: And you're -- is it Sanjeev Lath? 14

MR. LATH: Sanjeev Lath. 15

THE COURT: Right? Lath? 16

MR. LATH: Yes. 17

THE COURT: And who are you? 18

MS. BELWARE: Barbara Belware (phonetic). 19

MR. LATH: She's an eyewitness in the matter, Your 20

Honor. 21

THE COURT: All right. Well, I'm a little reluctant 22

to press ahead without the actual plaintiff or some authority 23

or some something, Counsel. In my experience, the Judges 24

sometimes issue orders and everybody starts complaining that 25

4


they weren't there, they couldn't talk; they couldn't speak. I 1

mean, that's a problem. 2

When is she expected to be better? 3

MR. BISSON: We're not sure. She was hospitalized 4

yesterday unexpectedly; she's still hospitalized as of today -- 5

Where is she, Cynthia? 6

MS. CAMP: I'd rather not say. 7

MR. BISSON: Okay. 8

THE COURT: Where? 9

MR. BISSON: She's not in the state -- 10

MS. CAMP: We're just -- 11

MR. BISSON: -- she's available by telephone, if the 12

Court is so inclined. However, Ms. Camp was there, and 13

witnessed the incidents that are at the heart of the 14

restraining order, Your Honor. And rather than attempt to 15

continue it, we thought we would proceed. 16

THE COURT: Well, I appreciate that, Counsel. But 17

without some statement of authority that this person can more 18

or less -- you see, I'm having a real problem with this, 19

because I might -- 20

MR. BISSON: No, I understand. 21

THE COURT: -- have some questions. I might want to 22

find out what's going on, I might want to find out -- I mean 23

this is the -- you know, the person that filled that -- this 24

out -- isn't here. 25

5


MR. BISSON: That's right. 1

THE COURT: I mean -- she's just not around. 2

MR. BISSON: That's correct, Your Honor. 3

(Counsel and Plaintiff confer) 4

THE COURT: So I take it that these people live in 5

the same building, that's part of the problem -- 6

MR. BISSON: It's a condominium, they each -- 7

THE COURT: -- is that that the neighbors -- 8

MR. BISSON: Yes. 9

THE COURT: -- have? 10

MR. LATH: Yes, Your Honor. 11

THE COURT: Be quiet. 12

MR. BISSON: And if, Your Honor, if you've had an 13

opportunity to review the facts, Ms. Camp, the daughter, was 14

there the entire time of the incident on November 22nd. 15

THE COURT: I appreciate that. I appreciate that. 16

But if I've found anything over the years, different people 17

have different recollection of what's going on -- 18

MR. BISSON: Certainly. 19

THE COURT: -- you know, two violent kicks. You 20

know -- what -- you know, Ms. LaBuda's version of violent kicks 21

may be different than his or he or the daughters. 22

I mean, we're using some interesting, you know, 23

language here, "He's slamming doors," you know, does that mean 24

it's a slam? Or just a hard closure? I mean, we could sit 25

6


here and debate this all day long. 1

Well, let me ask you, Mr. Lath. 2


THE COURT: Do you want Ms. LaBuda here? Are you 4

prepared to proceed without her presence? 5

MR. LATH: I'm prepared to proceed without her 6

presence. 7

THE COURT: All right. Let's -- the daughter stand 8

up. You guys are standing -- raise your right hands, everybody 9

raise your right hands. 10

PARTIES, SWORN 11

THE COURT: Be seated. 12

All right, I've read the -- I've read the petition, 13

I'm going to -- guess I'm going to turn to you first, since 14

I've read this, that that's the claim she's making. 15

They're saying that you're acting in a violent way, 16

violent kicks were delivered, you swear a lot, you -- you know, 17

foul language, swearing at the quote, "Top of your lungs," no 18

consideration for the nine-year-old grandson. And this is 19

terrifying to her, and she doesn't want you to use the laundry 20

room on Tuesdays and Thursdays. "And stop banging on my doors, 21

walls and slamming the hallway door as hard as you can." 22

So what's going on? What are you doing in there -- 23

what's causing -- 24

SANJEEV LATH, DEFENDANT, PREVIOUSLY SWORN 25

7


TESTIMONY 1

THE WITNESS: Your Honor -- 2

THE COURT: -- this? 3

THE WITNESS: Your Honor, the day the incident 4

happened, November 22nd, I was carrying about 10 bags of 5

groceries and other stuff that I bought from Home Depot -- 6

THE COURT: At once? 7

THE WITNESS: -- and Ms. Belware was right behind me, 8

two steps down behind me, and I dropped a couple of bags. 9

Ms. LaBuda's daughter immediately opened the door -- now I live 10

right across from her. 11

THE COURT: Now, wait a minute. I've got a -- I've 12

got -- I guess I've got other -- I mean I'm looking at this -- 13

this happens, she lists this event occurring on January -- what 14

is it -- 15

MR. BISSON: November 22nd. 16

THE COURT: Yeah, 11 -- November 22nd? 17

THE WITNESS: Yes, Your Honor. 18

THE COURT: Now I'll have -- have there been any 19

other times that you were swearing, yelling and banging stuff 20

because -- 21

THE WITNESS: Not at first. 22

THE COURT: -- of the groceries? 23

THE WITNESS: No, I was probably on the phone. 24

THE COURT: Does he -- is he -- you know, it's not in 25

8


the petition. I only see one incident in the petition. What 1

-- is this -- 2

THE WITNESS: Okay. 3

THE COURT: -- is this something that happened on -- 4

at one time, where he was flipped out or what? What's going 5

on? 6

MR. BISSON: Do you want to hear from the daughter? 7

THE COURT: Yeah, I want to hear from the daughter. 8

CYNTHIA CAMP, PLAINTIFF'S WITNESS, PREVIOUSLY SWORN 9

TESTIMONY 10

THE WITNESS: Yes. Apparently it's been about a year 11

and a half in the making. Where she was witnessed -- 12

THE COURT: When you say, "Apparently," what did you 13

actually -- what have you actually seen? 14

THE WITNESS: I've seen the November -- 15

THE COURT: You were there on the 22nd, right? 16

THE WITNESS: Yes, and that -- it was actually 17

thwarted at me, because I opened the door to let him know that 18

I -- 19

THE COURT: Are you not the one filing the petition? 20

But okay, what other -- what else has happened, because the 21

petition itself only discusses, apparently, this one event. It 22

doesn't list dates for any other events -- 23

THE WITNESS: Right. 24

THE COURT: -- it's just this day, "He's yelling, 25

9


screaming at himself." 1

Were you screaming at her or what were you screaming 2

about? 3

MR. LATH: I've a thought. Your Honor, the next 4

day -- on 11-30, when I was returning from work, she actually 5

opened the door and started audio- -- videotaping me and I call 6

the police, and in an apparent way that she is saying that I'm 7

not supposed to use the hallway. 8

I have the police report here, Your Honor where the 9

police -- 10

THE COURT: What'd you videotape him or something? 11

What's going on with that? 12

THE WITNESS: Because at that point, we knew he had 13

been served and we thought that he was defying the Judge's 14

orders -- 15

THE COURT: No, he could go back and forth to his -- 16

THE WITNESS: -- that he shouldn't use -- 17

THE COURT: -- he could go back and forth to his 18

apartment. That's -- 19

THE WITNESS: Well, her -- 20

THE COURT: -- right in the order -- 21

THE WITNESS: -- the other -- the other request that 22

she had, other than the laundry, the only other request I -- if 23

she had involved me with this paperwork I would've --- 24

THE COURT: Well, what type of -- 25

10


THE WITNESS: -- added a lot more -- 1

THE COURT: I take it you haven't been arrested for 2

violation of disorder, correct? 3

MR. LATH: No, no. No, Your Honor. 4

THE COURT: Have you been arrested for anything? 5

MR. LATH: No, Your Honor. 6

THE COURT: All right. 7

MR. LATH: I do have the police report with -- 8

MR. BISSON: She did. 9

THE COURT: I don't need it. 10

MR. BISSON: Okay. 11

THE COURT: I don't need it. 12

MR. LATH: I also have her affidavit of her 13

statement -- 14

THE COURT: I'll take -- she's here, so I'll take it. 15

Bailiff, can you look at it, please. 16

I'll take a look at it because she's here, that way 17

if I have any questions -- 18

Show it to Counsel, please. 19

THE BAILIFF: Okay. 20

MR. BISSON: I've seen it, Your Honor. 21

THE COURT: You've seen it? Let me see it then. Let 22

me take a look at it. 23

This is your affidavit, ma'am? Is that correct? 24

MS. BELWARE: Yes. Yes, Your Honor. 25

11


THE COURT: And this relates to what? The November 1

22nd arrangement that occurred? 2

MS. BELWARE: Yes, sir. 3

THE COURT: So you didn't see him kick any door? 4

MS. BELWARE: No. 5

THE COURT: Was the dropping the bags that caused the 6

noise? Well, that was polite. "If you had to come back, you'd 7

break the door down and arrest them." Is that what he said? I 8

take it they never came back, and they never came back with a 9

warrant, they never -- 10


THE COURT: -- they never do anything. 12


THE COURT: All right. Do you have any questions 14

for -- 15

MR. BISSON: Your Honor -- 16

THE COURT: -- Barbara Belware, based upon her 17

affidavit. I -- and you're telling me that -- if this -- if 18

you were -- if I called you further to testify, this is what 19

you'd tell me, is that correct? 20

MS. BELWARE: Yes, sir. 21

THE COURT: I'm looking at his Defendant -- 22

MS. BELWARE: Yes, Your Honor. 23

THE COURT: -- Defendant's Exhibit A. I'm going to 24

allow it since she's here. 25

12


(Defense Exhibit A received) 1

THE COURT: Do you have any questions for that 2

witness, Counsel? 3

MR. BISSON: No, Your Honor. 4

THE COURT: All right, fine. I am allowing it 5

because she's here. 6

MR. BISSON: Right. 7

(Parties confer) 8

THE COURT: Now -- 9

MR. BISSON: But -- just, Your Honor, in these -- 10

THE COURT: Go ahead. 11

MR. BISSON: -- sort of contexts, I do have two other 12

residents of the building -- 13

THE COURT: Okay, fine. 14

MR. BISSON: -- who have seen the context of both. 15

THE COURT: Well, on the 22nd? 16

MR. BISSON: They were both there on the 22nd. And 17

they know -- 18

THE COURT: Well, let me hear what they've got to say 19

about the 22nd -- 20

MR. BISSON: So we have -- 21

THE COURT: Pick one. Pick -- 22

MR. BISSON: Betty Mullen and Dorothy Vashon 23

(phonetic) who were -- 24

THE COURT: Well, one at a time, please. 25

13


MR. BISSON: I'll start with Betty Mullen -- 1

THE COURT: Right here at the gate, please. Raise 2

your right hand for me. Raise your right hand. 3

BETTY MULLEN, PLAINTIFF'S WITNESS, SWORN 4

THE COURT: What do you recall happening on November 5

22nd? 6

TESTIMONY 7

THE WITNESS: I live in the same building roof, 8

building seven, unit 701; I'm on the first floor. 9

THE COURT: Yeah, but what floor are these people on? 10

THE WITNESS: Both -- Gail is on the third floor and 11

Sanjeev is the third floor. 12

THE COURT: So you're on the first floor? 13

THE WITNESS: I'm on the first floor. 14

THE COURT: So what did you, what did see him -- 15

THE WITNESS: However -- 16

THE COURT: -- do? 17

THE WITNESS: -- I was sitting watching television. 18

I heard this yelling and screaming and ranting and raving. 19

THE COURT: Yeah. 20

THE WITNESS: A commotion outside. I actually 21

thought maybe there was like a physical fight out there, or 22

what going on. I got up, I peeked out my slider blinds and I 23

looked out and I could see through to the entrance way of 24

building seven -- 25

14


THE COURT: Okay. 1

THE WITNESS: -- that Sanjeev was holding this big 2

plant and he was yelling and screaming and when he gets going 3

it's ranting and raving -- 4

THE COURT: Yeah, but was Ms. LaBuda out there, or 5

was it just him out there yelling and screaming -- 6

THE WITNESS: No, no -- 7

THE COURT: -- and carrying on -- 8

THE WITNESS: -- but I called the police because -- 9

THE COURT: Okay. 10

THE WITNESS: -- it was so much of a disturbance. 11

This isn't the first time. Lots of things have happened in 12

that building. 13


THE WITNESS: And so I called the police. There was 15

a lady on the line and she said to me, "Oh, yes, I'm getting 16

about four more calls coming in saying that something is 17

happening at Oak Brook." 18

And I heard Sanjeev yell, like I said, yelling and 19

screaming, and carrying on. Barbara was standing behind him 20

behind him saying -- well, I had my slider door open this -- to 21

get fresh air, I had it open like an inch -- 22

THE COURT: Yeah. 23

THE WITNESS: -- because I have a board that -- for 24

security. 25

15


THE COURT: Okay. 1

THE WITNESS: And I heard Barbara say, "Oh, I'm 2

sorry, I'm sorry, I'm sorry." And then I heard yelling and 3

screaming going upstairs. That's the part that I saw. 4

THE COURT: Did you ever see him in any proximity to 5

Ms. LaBuda that day? Did you -- 6

THE WITNESS: That -- 7

THE COURT: -- see him in proximity to Ms. LaBuda? 8

THE WITNESS: No. 9

THE COURT: Okay, thank you. Have a seat. 10

MR. BISSON: And then -- 11

THE COURT: Come on up, ma'am. 12

MR. BISSON: -- this is Dorothy Vashon. 13

THE COURT: All right. Fine. 14

All right, Ms. Vashon. Merry Christmas. 15

MS VASHON: Merry Christmas, Counselor. 16

THE COURT: I got to start someplace, right? 17

Raise your right hand. 18

DOROTHY VASHON, PLAINTIFF'S WITNESS, SWORN 19

THE COURT: Okay. Now what do you recall happening 20

on November 22nd? Where were you on this escapade? 21

TESTIMONY 22

THE WITNESS: I was in my apartment. 23

THE COURT: Which is -- which -- 24

THE WITNESS: Back to back to him. 25

16


THE COURT: To him? What do you mean to him? To -- 1

THE WITNESS: To Sanjeev's. 2

THE COURT: So you're up on the -- he's on the 3

second -- 4

THE WITNESS: Third floor. 5

THE COURT: Third floor. 6

THE WITNESS: We're on the third floor -- 7

THE COURT: All right, fine. Go ahead. 8

THE WITNESS: And I start hearing this yelling and 9

screaming, and -- 10

THE COURT: He wasn't having a good day, was he? 11

THE WITNESS: No, he was doing a lot of yelling and 12

screaming. 13

THE COURT: Okay. 14

THE WITNESS: And banging of the doors -- he goes in 15

and out like a storm trooper. But the -- what -- what I heard 16

and I didn't open my door, because I don't open my door when 17

there's a lot that -- a lot of commotion going on, but I did 18

hear banging on the wall in the hallway, so much that the 19

things in my unit was like rattling. 20

THE COURT: Well, let's ask him that. What were you 21

banging on walls that caused her stuff in her unit to rattle? 22

MR. LATH: Off the -- 23

THE COURT: She seems like a nice person. She's 24

seems to be -- 25

17


MR. LATH: Your Honor, I was carrying a plant about 1

six feet tall -- 2

THE COURT: Yeah, I understand. 3

MR. LATH: -- and that I hit a wall along the way -- 4

the hallway -- the staircase occupies two people, so -- and I 5

did tell Ms. LaBuda's daughter, that I might've have dropped a 6

couple -- 7


(Counsel confer) 9

THE COURT: I want to focus on that -- 10

MR. LATH: Go ahead. 11

THE COURT: -- so I've got my witness -- 12

MR. LATH: Sure. 13

THE COURT: -- here saying that you -- her stuff was 14

bouncing off her -- kind of -- 15

MR. LATH: I don't -- 16

THE COURT: -- vibrating on her walls. 17

MR. LATH: I do not believe that. No. Your Honor, 18

all these people, they work at the condominium. And I have 19

petitions with the HRC -- 20

THE COURT: Wait a minute. I'm just trying to stay 21

focused -- 22

MR. LATH: I -- 23

THE COURT: -- on this, please. 24


18


THE COURT: Okay? 1

So you -- you may have hit the wall, but you don't -- 2

you're not telling me you're intentionally hitting the wall to 3

drive everybody nuts, though -- 4

MR. LATH: No, no, Your Honor. 5

THE COURT: -- right? Is that basically what you're 6

telling me, or not? 7

MR. LATH: Yes. That's what -- 8

THE COURT: All right, continue. 9

MR. LATH: -- Cynthia had told you. 10

THE COURT: So the stuff banging -- and your stuff's 11

kind of moving -- 12

THE WITNESS: And he kicked -- 13

THE COURT: -- on your walls. 14

THE WITNESS: -- he kicked the wall as much as 15

leaving a footprint on the wall. 16

MS. CAMP: Two footprints. 17

THE COURT: Do you recall that -- do -- 18

MS. CAMP: Uh-huh. 19

THE COURT: -- they say you kicked the wall? 20

MR. LATH: No. I do have to ask her a question, Your 21

Honor, though. 22

THE COURT: Go ahead, ask the question. 23

MR. LATH: Did you see me kick the wall? 24

THE WITNESS: No, I did not. 25

19


MR. LATH: Thank you. 1

THE COURT: Okay. Look at her. 2

MR. LATH: No thank you. 3

THE WITNESS: I saw the footprint. 4

MR. LATH: Thank you. 5

THE COURT: All right. Whoa, wait, wait a minute. 6

Now you didn't see him kick the wall? 7

THE WITNESS: No, I told you. I'm inside -- 8


THE WITNESS: -- I hear all this -- 10

THE COURT: So somebody else could've put a 11

footprint -- 12

THE WITNESS: I'm there -- 13

THE COURT: So somebody else could've put a 14

footprint -- 15

THE WITNESS: No. Because -- 16

THE COURT: -- on the wall -- 17

THE WITNESS: -- the policeman that came up, asked 18

for the foot -- for the shoe, now -- 19

THE COURT: Uh-huh. Okay. 20

THE WITNESS: -- I'm hearing this through the wall -- 21

THE COURT: So this is serious investigation going -- 22

THE WITNESS: And -- 23

THE COURT: -- you know -- 24

THE WITNESS: -- and they -- 25

20


THE COURT: Okay. 1

THE WITNESS: -- they said, "It looks like" -- 2

THE COURT: They put the -- 3

THE WITNESS: -- "the markings on the bottom of the 4

shoe," that's all I heard -- 5

THE COURT: -- shoes to the wall print. 6

THE WITNESS: That's all I heard. I'm just saying. 7

THE COURT: Ma'am, thank you very much for your 8

testimony. 9

THE WITNESS: You're welcome. 10

THE COURT: I appreciate it. 11

THE WITNESS: I really don't care. 12

THE COURT: All right. You wanted to say something 13

else, Counsel, go ahead. 14

MR. BISSON: I just wanted you to hear more now from 15

Mrs. LaBuda's daughter -- 16


MR. BISSON: -- who was there. 18

THE COURT: Okay, go ahead. 19

MR. BISSON: She heard certain statements from 20

Ms. Belware, she could -- and she can explain exactly what she 21

saw -- 22

THE COURT: All right, fine. 23

MR. BISSON: -- and how it's in context. 24

THE COURT: Let's do. 25

21


MR. BISSON: Go ahead. 1

THE COURT: I'll go with that. 2

MS. CAMP: Thank you. 3

CYNTHIA CAMP, PLAINTIFF'S WITNESS, PREVIOUSLY SWORN 4

FURTHER TESTIMONY 5

THE WITNESS: Basically my mom calling the police on 6

November 22nd was the tip of the iceberg. She's been putting 7

up with his harassment -- 8

THE COURT: Ma'am, I need to stop you there -- 9

MR. BISSON: Just that day -- 10

THE COURT: -- and remind your Counsel and you both 11

that I have to stay focused on what's in this complaint -- 12

THE WITNESS: Oh, I'm sorry; I thought you wanted the 13

history -- 14

THE COURT: And I'm not -- I'm not -- 15

MR. BISSON: No, just -- 16

THE COURT: -- this may be the tip of an iceberg -- 17

MR. BISSON: -- of that day, what you saw that day -- 18

THE COURT: -- but let explain something. 19


THE COURT: The balance of the iceberg is below the 21

water and I'm not looking at it. 22


THE COURT: I need to make that -- the Court's -- 24

THE WITNESS: I'm sorry; I thought initially you 25

22


wanted to know -- 1

THE COURT: I don't necessarily agree with that 2

opinion either. I've disagreed with a number of Supreme Court 3

cases today and that -- that's maybe one of them. 4

But my point is I've got to stay focused on what your 5

mother, with all due respect to your mother, put in this 6

petition. I can't -- 7

THE WITNESS: Uh-huh. 8

THE COURT: -- wander around the weeds on "Tip of the 9

iceberg." So go ahead and tell me what you would call -- 10

THE WITNESS: Okay -- 11

THE COURT: -- if you want about November 22nd, 12

because -- 13

THE WITNESS: Yes, please. 14

THE COURT: -- that's what's before me today. 15


THE COURT: And the only thing that's before me. 17

THE WITNESS: Okay. Basically I heard the loud 18

tromping up the stairs -- 19

THE COURT: Understand. 20

THE WITNESS: -- and given her history -- their 21

history, I -- as I typically do, got to the people just to 22

watch and make sure everything passed by safely. 23

THE COURT: Okay. 24

THE WITNESS: As I did that, I initially was 25

23


surprised at the first violent rattle, and our walls -- 1

absolutely her walls, absolutely rattled, and door. 2

And he stepped back, and made a very distinct clear 3

gesture to his friend, Barbara, who was coming up the stairs, 4

which was, "Oh, watch this," and he did it again. And I 5

witnessed the whole thing -- 6

THE COURT: Okay. 7

THE WITNESS: -- and the shoe marks do match, 8

according to the police officer, which is why they ended up, 9

you know, talking more sternly to him because he was not -- he 10

showed them the bottom of the footprint, which did match the 11

wall, and then he wouldn't give them the shoe, so the officer 12

said he would get a warrant, and I believe that's still in the 13

process. 14

But it's a -- this is -- you did ask him if he'd ever 15

been arrested -- 16

THE COURT: Still in process? This is back on 17

November 22nd? 18

THE WITNESS: Apparently. But you did ask him if 19

he's ever been arrested, but I would prefer that you would ask 20

how many times he's had to speak to the police, due to many 21

conflicts. 22

THE COURT: I'm not going to get -- go there, ma'am. 23

I don't know that that's particularly relevant to this 24

particular matter. I asked -- 25

24


MR. BISSON: Can you tell the Judge -- 1

THE COURT: -- if he had been arrested. And the 2

reason I asked that question it isn't because I'm, you know, an 3

inquisitive sort, it's because we have Fifth -- the Fifth 4

Amendment that I have to be careful of. If the person's 5

arrested, I usually continue these hearings until any criminal 6

matters are resolved, because there's no privilege in this 7

room. This is a civil matter. 8

So I just point that out to you, that yes, I do get 9

concerned, and that's the reason I sometimes ask that question. 10

There's a reason for it. 11

THE WITNESS: Okay. Sorry, it's my first time in 12

Court, I don't know how to -- 13

THE COURT: No, I understand. I appreciate it. 14

MR. BISSON: Can you tell the Judge what you heard 15

him saying -- he was screaming, what was -- 16

MS. CAMP: Oh. 17

MR. BISSON: -- he saying? 18

MS. CAMP: Well, calling me all sorts of terrible 19

names, and again, I've never heard anyone yell so loudly or so 20

violently. It was an instant -- 21

THE COURT: Was he yelling at you or your mother? 22

THE WITNESS: Yeah. 23

THE COURT: You? 24

THE WITNESS: At me. Yeah, my mom as soon as she -- 25

25


THE COURT: And again, this isn't your case. But go 1

ahead, what was he -- 2

THE WITNESS: Well, as soon she -- 3

THE COURT: -- what was he -- what was he saying? 4

MR. BISSON: Where were you? 5

THE COURT: What was he saying? 6

THE WITNESS: I was in the doorway, my mom's 7

doorway -- 8

THE COURT: What was he saying? 9

MR. BISSON: And what was he saying? 10

MS. CAMP: Do you want the actual words? 11

THE COURT: Yeah, I do. Unfortunately, I know. 12


(Court and clerk confer) 14

THE WITNESS: "Who the fuck are you, I dropped 15

something," -- 16

THE COURT: What? 17

THE WITNESS: He said, "Who the fuck are you, you 18

can't." 19

THE COURT: I've heard these -- 20

THE WITNESS: Okay, sorry -- 21

THE COURT: -- ma'am, I've heard these interesting 22

views before all -- 23

THE WITNESS: -- they just feel funny to say in 24

Court. 25

26


THE COURT: Yeah, go ahead. 1

THE WITNESS: And just over and over and over again, 2

both hands in the air like this and then he started approaching 3

me, which is when my husband stepped out -- 4

THE COURT: Okay. 5

THE WITNESS: -- and baby -- and then he backed 6

off. There was nothing in his hands -- I wondered why the 7

friend, Barbara, was the only one bringing some plastic bags 8

in -- 9

THE COURT: Okay. 10

THE WITNESS: -- and I noticed in his rebuttal that 11

there was -- 12

THE COURT: Well, let's see what he's got to say 13

about this. Your language was a bit -- let's just say off-14

color that day, according to this witness. Do you recall that 15

at all? 16

MR. LATH: Yes. Yes, Your Honor. I did use the 17

F-word. 18

THE COURT: Okay. 19

MR. LATH: Because she accused me that "I saw you 20

kick the door through the peephole," and I did ask her, "How 21

could you see my leg through the peephole?" 22

THE COURT: Okay. 23

MR. LATH: I do have a picture of the -- of her unit 24

that I had taken. It shows -- 25

27


THE COURT: And what's this supposed to show me? 1

MR. LATH: It's supposed to show you that the shoe 2

mark -- this -- this scuff mark that's on the wall. 3

THE COURT: I'll take it -- 4

(Court to bailiff) 5

THE COURT: I'm going to take a look at this -- 6

MR. LATH: All right. 7

THE COURT: -- the famous -- the famous shoe mark -- 8

MR. LATH: Yes, and -- 9

THE COURT: -- that was splendid detective work. 10

(Counsel confer) 11

MR. LATH: My one question to her -- 12

THE COURT: Be quiet, be quiet. I'm trying to look 13

at your exhibit, please. And I'll mark these as Defense B. 14

(Defense Exhibit B marked for identification) 15

THE COURT: All right, what else did you want to say 16

about that? 17

MR. LATH: The only question I want to ask is how 18

could she see my leg through the peephole? 19

THE COURT: I don't know. How could you see his leg 20

through the peephole? 21

THE WITNESS: I could see his whole body and the 22

series of events made it very clear of exactly what happened, 23

especially with the walls shaking and his gesture to his 24

friend, and the footmarks that matched the bottom of his sole. 25

28


Which is why he wouldn't then give up the sneakers, because I 1

think, he realized -- 2

THE COURT: Well, you're -- did you measure the 3

sneaker against the wall? 4

THE WITNESS: He wouldn't let anyone -- 5

THE COURT: No, ma'am, so that's your -- that's what 6

you suspect, you didn't measure it yourself, correct? 7

THE WITNESS: If I could have to -- 8

THE COURT: Did you measure it yourself? 9

THE WITNESS: No, no. Not his existing -- 10

THE COURT: Then fine. I'll take it in the spirit of 11

that. 12

But go ahead, what else do you want to tell me, 13

Counsel -- 14

MR. BISSON: Thank you. 15

THE COURT: -- go ahead. 16

MR. BISSON: This picture that you have, Your Honor, 17

this shows -- 18

THE COURT: Marked, I've got it. 19

MR. BISSON: This shows your mother's door -- 20

MS. CAMP: Yes. 21

MR. BISSON: -- 709? And the alleged sneaker mark is 22

down here in the bottom corner, right? 23

MS. CAMP: Huh-uh (sic). 24

MR. BISSON: So right -- 25

29


MS. CAMP: It's yes. 1

MR. BISSON: -- right close to the door? 2

THE COURT: It's pretty tough to tell what that is -- 3

MR. BISSON: It is tough to tell it, yes -- 4

THE COURT: Yeah. 5

MR. BISSON: Yes, exactly right, Your Honor. 6

THE COURT: Really tough to tell. 7

MR. BISSON: But it's very close proximity to the 8

door is what I'm saying, where she was standing. 9

THE COURT: But I take it, you didn't see him kick 10

it. You're -- this is what you've suspect based upon the 11

entire incident -- 12

MR. BISSON: Oh, no -- she -- 13

MS. CAMP: And the kick. 14

THE COURT: -- that you are recalling. 15

MR. BISSON: She did testify that saw him kick the 16

wall. 17

MS. CAMP: Yes. 18

MR. BISSON: Twice. 19

THE COURT: Okay. 20

MR. BISSON: And -- 21

THE COURT: Now she says she saw you kick the wall, 22

what do you recall about that? You'd kick the wall? 23

MR. LATH: No, Your Honor, I did not kick the wall. 24

At first when she came out the door, she said, "I saw you kick 25

30


the door," that's what she reported -- 1

MS. CAMP: The wall. 2

MR. LATH: -- to the police officer that responded on 3

the scene. Apparently her story changed along the way, that 4

now from the door it became the wall. 5

THE COURT: Okay. 6

MR. LATH: And all the time she says she saw me kick 7

the door slash wall and next -- 8

THE COURT: Right. 9

MR. LATH: -- it'll be the carpet. 10

THE COURT: All right. Thank you. 11

MR. LATH: Yes. 12

THE COURT: Did you see him kick the wall or door? 13

Did you see him kick anything? 14

MS. VASHON: I didn't see him kick anything. The 15

police officer asked me to look at the -- she said, I heard her 16

say, "Yes sir, I saw you kick the door," and so then the police 17

officer said to me, "Well, did he kick the door?"; I said I 18

didn't see him kick anything and then he said to -- 19

THE COURT: All right. Fine, thank you. 20

What else different do you want to tell me, anything 21

else different that you folks would like to offer regarding 22

this issue? It's clear to me that the parties don't seem to 23

get along very well, that's what it certainly appears to me 24

and -- 25

31


MR. BISSON: Just, Your Honor, for some -- for -- 1


MR. BISSON: -- you should know that Mrs. LaBuda is 3

75 years old, she's a very petite, frail woman, she -- 4

THE COURT: Okay. 5

MR. BISSON: -- also seats (sic) on the board of 6

directors at the condo association, which puts his stack of 7

papers in some sort of relevance. He has sued -- you'd have to 8

ask him how many times he's sued the association and the 9

board -- 10

THE COURT: I'm not going there. 11

MR. BISSON: Well, Your Honor, it's relevant because 12

of his hostility that day, it was also the day of the annual 13

meeting. 14

THE COURT: Well, is that in here? 15

MR. BISSON: Which is -- it -- November -- 16

THE COURT: Is that in here, Counsel? 17

MR. BISSON: If she were testifying, and these two 18

ladies that are behind me -- 19

THE COURT: Was she's -- wait a minute, Counsel, you 20

agreed to go ahead without her -- 21

MR. BISSON: These two ladies that are behind me -- 22

THE COURT: Please, wait. Wait. 23

MR. BISSON: -- were at the annual meeting on 24

November 22nd. 25

32


THE COURT: That's -- they may be at the annual 1

meeting, but there's nothing in here about annual meetings and 2

things that relate to that. Nothing. 3

You're asking -- and now you want to bring in stuff 4

that you think provides a basis or some other motivation for 5

him to do this, that's what you're indicating to me. 6

MR. BISSON: Your Honor, it's responding to his 7

reference -- 8

THE COURT: Okay. 9

MR. BISSON: -- to the Human Rights Commission 10

Complaints Centers sitting on the desk in front of him. 11

THE COURT: I'm not looking at any of those. That's 12

not part of this case, with all due respect to everyone in the 13

room. 14

All right, now is there anything else different, 15

Counsel, you'd like to bring to the Court's attention about 16

this? Anything else at all different, that you haven't brought 17

to my attention today? 18

MS. CAMP: I guess I would like to mention the -- 19


MS. CAMP: -- his so-called evidence of his receipts 21

that he submitted in his rebuttal, were only nine items of 22

which could not have weighed -- 23

THE COURT: Receipt? Receipts of what? 24

MS. CAMP: Which receipts? 25

33


THE COURT: What are we talking about here? 1

MS. CAMP: Do -- okay. 2

MR. BISSON: No, we're all set, Your Honor -- 3

MS. CAMP: That didn't -- 4


MS. CAMP: -- add up. 6

THE COURT: I don't know what that relevance that 7

brings to this. 8

MS. CAMP: Okay. Well, the wait. 9

THE COURT: I want to make it clear, I want to make 10

it clear; I want to make it clear in open court right now. 11

A number of these cases, I'm not saying it's this 12

one, probably belong in Superior Court for general restraining 13

orders. I'm here focused on a very specific statute, and if 14

you've read 633:3-a, you can understand that this is a very 15

itemized method of relief. 16

I want to make that real clear to everybody. And I 17

don't have the power to just to issue general -- you know, this 18

guy's kind of a clown, he's there, he's a nuisance, he's filing 19

suits, he's this, he's that, he's -- and he just is a general 20

nuisance. 21

That isn't -- I have no power to deal with a general 22

nuisance essentially. Superior Court does, I don't. I don't. 23

I have to look at the statute; I have to look at what the 24

Supreme Court has said about what I can consider. The Supreme 25

34


Court has said: 1

"Judges doing stalking petitions, you will look at 2

the complaint, you will look at what's here, you will 3

not take other evidence that the Defendant is unaware 4

of." 5

That's why this business about condo meetings and 6

stuff, it's not in here, it's not relevant to this particular 7

matter in my humble opinion, if you believe if that gives a 8

basis for his actions. 9

So consequently, I'm looking at, essentially one 10

event today, that's what's been described to me, I know that 11

there's this blanket statement that was added in, "This has 12

been going on since June 8th, 2014"; doesn't give me any 13

specifics. I find it hard to believe that he's been kicking 14

the door since then and nothing has happened, and he hasn't 15

been arrested, so I find that a bit problematic on my analysis 16

of the facts. 17

But I want to make it crystal clear. That I'm not 18

the Superior Court, and, you know, their standard for general 19

restraining order is quite different than what we're looking at 20

here. I'm just telling everybody that, for the (sic) what it's 21

worth department. 22

All right, I appreciate everyone coming. I 23

particularly appreciate you folks taking time out of your 24

schedules to be here; you as well, Ms. Belware. 25

35


MS. BELWARE: Thank you, Your Honor. 1

THE COURT: I'll take the matter under advisement. 2

The parties will be notified of the Court's decision. Have a 3

good day to you all. Thank you. 4

MS. BELWARE: Thank you. Have nice holidays. 5

MR. BISSON: Thank you. 6

MS. CAMP: Thank you. 7

THE COURT: Have a good day now. 8

(Proceedings concluded at 3:04 p.m.) 9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

36


CERTIFICATE

I, Harold Ferguson, CET**D-541, a court approved

proofreader, do hereby certify that the foregoing is a correct

transcript from the official electronic sound recording of the

proceedings in the above-entitled matter, to the best of my

professional skills and abilities.

TRANSCRIPTIONIST(S): Brittany Donnell, CET-851

HAROLD FERGUSON, CET**D-541 March 9, 2016 Proofreader

Digitally signed by Harold Ferguson Date: 2016.03.09 13:26:37 -05'00'

state of new hampshire gail labuda, ) vs. ) december 22 ... · 12/22/2015 · 456-2015-cv-00394...

Documents