0% found this document useful (0 votes)

130K views90 pages

Transcript Day 1

This document summarizes the opening of an investigative hearing at Florida State University regarding a complaint. It lists the hearing participants and their roles. Opening statements were provided by representatives from the university, respondent, and complainant. Several witnesses were called and examined, including the complainant and witnesses on both sides. Exhibits were submitted as evidence.

Uploaded by

ViceSports

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

0% found this document useful (0 votes)

130K views90 pages

Transcript Day 1

Uploaded by

ViceSports

We take content rights seriously. If you suspect this is your content, claim it here.

Available Formats

Download as PDF, TXT or read online on Scribd

CONFIDENTIAL

FLORIDA STATE UNIVERSITY

INVESTIGATIVE HEARING
BEFORE JUSTICE MAJOR HARDING

VOLUME I

DATE:

Tuesday, December 2, 2014

TIME:

Commenced at 12:20 p.m.

Concluded at 4:46 p.m.

REPORTED BY:

Kimberly S. Bartholomew
Court Reporter

ACCURATE STENOTYPE REPORTERS, INC.

2894-A REMINGTON GREEN LANE
TALLAHASSEE, FLORIDA 32308
(850)878-2221

APPEARANCES:

Justice Major Harding

Hearing Officer
Ausley & McMullen
123 South Calhoun Street
Tallahassee, Florida 32301
Carolyn A. Egan, General Counsel
Panel Member
Florida State University
Suite 211, Westcott Building
222 South Copeland Street
Tallahassee, Florida 32306
Rachel Bukanc, Ed.D.
Assistant Dean/Director
Panel Member
Florida State University
282 Champions Ways
A4117 University Center
Tallahassee, Florida 32306
Robyn Blank Jackson
Associate General Counsel
Panel Member
Florida State University
Suite 424, Westcott Building
222 South Copeland Street
Tallahassee, Florida 32306
Tony Bajoczky, Jr., Esquire
Panel Member
Ausley & McMullen
123 South Calhoun Street
Tallahassee, Florida 32301

ACCURATE STENOTYPE REPORTERS, INC.

GORDON & REES, LLP

W.M. David Cornwell, Sr., Esquire
Benjamin Levine, Esquire
The Pinnacle Building
3455 Peachtree Road, Suite 1500
Atlanta, Florida 30326
Advisors to Respondent
HUTCHINSON, BLACK & COOK, LLC
Baine Kerr, Esquire
John Clune, Esquire
921 Walnut Street, Suite 200
Boulder, Colorado 80302
Advisors to Complainant
Complainant
Respondent

ACCURATE STENOTYPE REPORTERS, INC.

I N D E X

OPENING STATEMENTS

PAGE

By University

By Respondent

By Complainant

6
7
8

WITNESS

PAGE

Complainant

Direct Examination by Justice Major Harding

Cross Examination on behalf of Respondent

Redirect Examination by Justice Major Harding

13
14
15
16
17

Witness One
Direct Examination by Justice Major Harding

Witness Two
Direct Examination by Justice Major Harding

Witness Three

Direct Examination by Justice Major Harding

Cross Examination on behalf of Respondent

Cross Examination by Complainant

Recross Examination by Respondent

22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.

INDEX OF EXHIBITS

(Exhibits retained by Justice Harding)

CLAIMANT'S

DESCRIPTION

PAGE

Exhibit 4

Questions to Witness One

Exhibit 5

Questions to Witness Two

RESPONDENT'S

DESCRIPTION

Exhibit 1

Photograph

Exhibit 2

Photograph

Exhibit 3

Photograph

6
7
PAGE

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

CERTIFICATE OF REPORTER
ACCURATE STENOTYPE REPORTERS, INC.

The following proceedings were had:

* * * * * * * * * *

JUSTICE HARDING:

All right.

Counsel,

pleasure to meet you.

have some procedural issues that you wish to

discuss, and I'm willing to hear those at this

point.

And I understand that you

And it would be helpful for the court reporter

and the record will accurately reflect if you would

be kind enough to state your name, Mr. Kerr, before

you speak, and Mr. Cornwell.

12
13
14

MR. KERR:

I'm Baine Kerr representing the

Complainant as her advisor.

I just wanted to clarify, Your Honor, that we

were not requesting two advisors.

don't -- it's kind of -- I'm unfamiliar with the

procedures enough not to know who really is an

advisor and who isn't.

19
20

JUSTICE HARDING:

Although, I

The rules are a little

different from what you learned in law school.

MR. KERR:

They are.

Our only concern was that Complainant, if I am

required to be in the hearing room, that she not be

in the satellite room alone, and just wanted the

ability to have someone with her.

ACCURATE STENOTYPE REPORTERS, INC.

Corey Pruitt is available and is there now and

perfectly acceptable for that purpose for us.

do not need another lawyer present, and certainly

not in an advisor capacity.

JUSTICE HARDING:

6
7

And what is her

relationship?
MR. KERR:

She was the victim's advocate who

was assigned to Complainant and who has a

relationship that developed throughout 2013 of, you

know, supportive, emotionally, and providing

assistance of various kinds to her.

So they know each well and she has been

supportive, and Complainant has a lot of trust and

faith in her.

JUSTICE HARDING:

MR. KERR:

17
18
19
20
21
22

Okay.

And she is a Florida State

employee.
JUSTICE HARDING:

All right.

Anyone wish to

speak to that?
MR. CORNWELL:

I'm curious.

Certainly at

first blush I don't think we have an objection.

I do have a question, though, which is whether

this woman intends -- whether they intend to call

her as a witness; and, in that case, I think we

have some concern about her being able to hear.

ACCURATE STENOTYPE REPORTERS, INC.

1
2

JUSTICE HARDING:

Do you intend to call her as

a witness?

MR. KERR:

No, she is not on our witness list.

MR. CORNWELL:

JUSTICE HARDING:

MR. CORNWELL:

Then we have no objection.

Okay.

But maybe generally we can

address will we be invoking the Rule of

Sequestration that witnesses will not be in the

room or otherwise be hearing the testimony?

MS. BUKANC:

JUSTICE HARDING:

MR. CORNWELL:

13
14
15
16

That's always the case.

That's always the rule.

Okay.

So we don't have any

objection.
JUSTICE HARDING:

Okay.

Do you have anything

else, Mr. Kerr?

MR. KERR:

Just a couple of questions about

the email from you that we were -- that was

forwarded to us yesterday evening.

We have been repeatedly told that there can be

one advisor, advisors cannot speak but can consult

and confer so long as it's not disruptive.

those are the Rules from the Code of Conduct that

we've relied on and expect to follow here.

therefore, we would not -- do not think it would be

appropriate for cross examination by advisors of

ACCURATE STENOTYPE REPORTERS, INC.

And

And,

1
2

witnesses.
The procedure that you outlined about

submitting questions, written questions, the

Respondent and Complainant being able to submit

written questions that you would then read as

appropriate to witnesses I think is perfectly good

in keeping with the Code of Conduct, and that's the

way we would like to proceed.

9
10

JUSTICE HARDING:

That's my understanding of

the Rules, and I have no reason to not follow that.

Do you wish to speak, sir?

MR. CORNWELL:

Not particularly.

I guess we

can, when we get there, discuss the most sensible

way of communicating the questions to Your Honor.

But I anticipate that was the Rule so we're fine

with that.

Along those lines, at least it seems to be a

nexus in my mind, because we have the capability of

broadcasting the proceedings will Mr. Levine be

permitted, even though he is not participating or

in the room, to listen via the conference call line

from the room that we have downstairs?

23
24
25

JUSTICE HARDING:

He will not be in the

room -MR. CORNWELL:

That's right.

ACCURATE STENOTYPE REPORTERS, INC.

JUSTICE HARDING:

MR. CORNWELL:

No, no.

Respondent will be

with us.

4
5

-- with your client?

JUSTICE HARDING:

Yeah.

Well, I don't know

what the rule is in regard to that.

MS. JACKSON:

Let me just ask this question.

Is there a way that that could not work the

same way that Mr. Kerr has indicated that he could

be present in this room and then his client could

be in another room with a support person who is not

an advisor?

Mr. Levine doing basically the same thing as

Ms. Pruitt?

Is there a reason why we couldn't have

In other words, when Respondent is in the room

with you we could probably have him listening in,

we would give that same option to Ms. Pruitt.

17
18

MR. CORNWELL:

That's what I would

anticipate.

19
20

Sure.

MS. JACKSON:

Okay.

See if that works for

you.

JUSTICE HARDING:

MR. KERR:

So Mr. Levine would be able to be with

24
25

That's agreeable with me.

If I could make sure I understand.

Respondent when Mr. Cornwell -JUSTICE HARDING:

No.

ACCURATE STENOTYPE REPORTERS, INC.

MR. CORNWELL:

it's the opposite.

No, it's the opposite.

No,

Mr. Levine would simply be playing the role of

assisting me; and, to facilitate that, he will be

on the conference call, and Respondent will be with

me so that Mr. Levine is not advising or consulting

with Respondent.

understand that.

That role is limited to me, we

So in the event, which is unlikely, that

Respondent was not in the room and he was with

Mr. Levine and the proceedings were going forward

then we would cut off the conference call because

he couldn't advise him at that time.

But that's not going to happen.

have Respondent here the entire time.

MS. BUKANC:

MS. JACKSON:

that.

out first.

20
21
22

We intend to

Should we clarify that now?

We should probably talk about

Let's see if we can't get this issue figured

MR. CORNWELL:

Yeah.

I'm sorry, I didn't

identify myself on the record as directed.

I am David Cornwell, the advisor to

Respondent.

And this is Benjamin Levine, an

associate with my firm Gordon and Rees.

apologize.
ACCURATE STENOTYPE REPORTERS, INC.

MS. JACKSON:

I believe that we could make it

work in exactly the same way for both parties,

especially if there is not a need for Mr. Levine to

be listening in when you are in the room with

Respondent.

MR. CORNWELL:

MS. JACKSON:

Yes.
I think that it would work

exactly in the same manner, that if there was a

time when one of the parties was not in this

conference room, I think what I'm hearing is the

two of you would be in here as -- either one of you

would be in here, and then we would have someone

with the participant who is not in the room on the

conference call downstairs with a support person.

I think that it would work exactly the same way for

both parties.

17
18

MR. CORNWELL:
this room --

MS. JACKSON:

MR. CORNWELL:

21
22

Except Respondent will be in

Okay.
-- and Mr. Levine will be

separated from him in a room alone.

MS. JACKSON:

Okay.

Then we should probably

go ahead and talk about how we've prepared to work

that.

MR. CORNWELL:

Okay.

ACCURATE STENOTYPE REPORTERS, INC.

MS. BUKANC:

So the Conduct Code gives -- and

I know we weren't able to actually finish the

information session.

of that session.

5
6

This would have been a part

But the Complainant has the right not to be in

the same room as the Respondent.

MR. CORNWELL:

MS. BUKANC:

So the way that we conduct our hearings is

when the Respondent is speaking to the hearing body

that person is in this room.

is speaking to the hearing body the Complainant is

in this room.

swapping.

15
16

Understood.

And so she has requested that.

When the Complainant

So there is going to be some

MR. CORNWELL:

Oh, so he will be asked to

leave?

JUSTICE HARDING:

MR. CORNWELL:

Yes.

I got that.

Okay.

In which

case I will decide whether or not to leave with him

or to stay in the room.

JUSTICE HARDING:

MS. BUKANC:

MR. CORNWELL:

24
25

Yes.

Right.

And if I decide to stay in the

room then Mr. Levine cannot or can?

MS. BUKANC:

Can be with him.

ACCURATE STENOTYPE REPORTERS, INC.

MR. CORNWELL:

MS. BUKANC:

3
4

Can be with him.

Yes, that's what it sounds like

we're working on.

MR. CORNWELL:

And how about in the instance

where Respondent is in the room with me, can

Mr. Levine listen instead of waiting for the

afternoon transcript?

MS. JACKSON:

9
10
11

I don't know -- Mr. Kerr, I

would be interested to hear if you think that we

can make that equal.
But if you're in the room with Respondent then

I don't see why there would be a need to have

another person listening in.

But it's really -- I

don't mean to be taking over.

It's really up to

our Hearing Officer on how he wants to do it.

JUSTICE HARDING:

Well, these Rules have been

in effect a lot longer than I have.

welcome your counsel.

19
20

MR. CORNWELL:

And I would

Can I fill in a blank, though,

if you don't mind, Your Honor?

JUSTICE HARDING:

Certainly.

MR. CORNWELL:

streamline the process.

testifying, in the event that we had questions for

Justice Harding to ask the witness I will consult

The purpose essentially is to

Whatever witness would be

ACCURATE STENOTYPE REPORTERS, INC.

with Mr. Levine.

process or a five to ten minute process if he is

able to hear but not participate in the events.

We can make that a 45 minute

I'm just trying to figure out -- I mean, he is

here for a reason because I rely on him very

heavily.

figure out a sensible way to keep the process

moving.

He is good.

And I'm just trying to

I think that was referenced in an email

yesterday, some reference to flexibility to

facilitate a smooth process.

12
13
14
15

I mean, I don't see the harm in it, but if you

do we'll abide by the ultimate ruling.
JUSTICE HARDING:

Do you have any concern in

that regard?

MR. KERR:

do have a concern.

like more of a second chair as, you know, in a

legal trial and not like Corey Pruitt who is

Florida State Victim's Advocate, emotional support

person.

Not a huge concern, but somewhat I

It's really Mr. Levine sounds

It sounds like a different role.

And I don't necessarily object to it, but I

think if -- I think we should be afforded the same

ability to have a second legal person to consult

with in the same way if we choose to.

ACCURATE STENOTYPE REPORTERS, INC.

I don't know

that we would choose to.

MR. CORNWELL:

We certainly don't object to

them doing so.

JUSTICE HARDING:

MS. BUKANC:

I didn't hear.

I was just making sure we had an

actual separate room that is secure with a phone to

even be doing this.

have the ability.

MS. JACKSON:

So I wanted to make sure we

We can.

JUSTICE HARDING:

And so then in the event

what I hear is you would have no objection if you

have the same opportunity, Mr. Kerr, to provide

assistance in the same manner.

14
15

And is there an accommodation for that,

Ms. Jackson?

MS. BUKANC:

think it's fine.

The Code allows for it if you

JUSTICE HARDING:

All right.

Then without

objection and having expressed that concern,

Mr. Kerr, with the understanding that you would

have the same opportunity with your client then I

would see no problem for that.

MR. KERR:

Understood.

MR. CORNWELL:

JUSTICE HARDING:

Thank you, Your Honor.

All right.

Anything further

ACCURATE STENOTYPE REPORTERS, INC.

from --

MR. KERR:

Not from us, Your Honor.

JUSTICE HARDING:

MR. CORNWELL:

Mr. Cornwell?

No.

But does it make sense to

at least chat for a moment about witnesses that we

intend to get through today?

MS. JACKSON:

The University's witnesses will be presented

9
10

first.

I may be able to help on that.

The University first witness is the

Complainant.

MR. CORNWELL:

MS. JACKSON:

Okay.
We will then move forward with

calling Witness One and Witness Two.

two witnesses indicate that they cannot be

available until Wednesday morning.

Four and Witness Five.

this afternoon and we will go to Witness Three for

this afternoon.

MR. CORNWELL:

MS. JACKSON:

21
22
23
24
25

We have had

That is Witness

So we'll skip over those

Okay.
And then we would start with the

Complainant's witnesses after that.

MR. CORNWELL:

This sounds like the whole

afternoon, though, don't you think?

MS. JACKSON:
tell.

I think so, but you never can

But that sounds about right to me.

ACCURATE STENOTYPE REPORTERS, INC.

MR. CORNWELL:

Well, my experience is it's

generally longer not shorter than anticipated.

we'll see.

JUSTICE HARDING:

MS. JACKSON:

JUSTICE HARDING:

7
8
9

Okay.

Very fine.

Well, then --

Let me make sure.

Are there

anything else?
MR. CORNWELL:
Honor.

Nothing comes to mind now, Your

Thank you.

JUSTICE HARDING:

MR. KERR:

Well, let me just ask.

Okay.

Mr. Kerr?

Nothing further.
The first step in the

proceedings are opening statements, I believe,

under the Code.

But

MS. BUKANC:

The very first step is

procedural.

reminding everyone of their rights and the process.

There might be objections that are stated for the

record.

The Judge is going to read through

And then opening statement, opening statement

from the University, and then opening statement

from the charged student.

23
24
25

MR. CORNWELL:

And that will be by the student

or Counsel?
MS. BUKANC:

Everything is by the students

ACCURATE STENOTYPE REPORTERS, INC.

directly.

know, that you can write things down for them to

read.

long as it's not directly disruptive.

5
6

But, please remember on both sides, you

You can confer with them as you see fit.

MR. KERR:

So opening statements by the

University, then the Complainant?

MS. BUKANC:

MR. KERR:

MS. BUKANC:

Then the Respondent.

Or Respondent.
And then once the Complainant

comes in for the -- is that correct -- for the

testimony, that's when she will provide her opening

statement --

MR. KERR:

Okay.

MS. BUKANC:

And then after all of the witnesses at the

-- and the questioning, yes.

very end I believe we are not having closing

statements; is that right?

JUSTICE HARDING:

We will have the opportunity

for very brief closing statements, but most of the

closing statements will be contained in the

Proposed Orders.

MS. BUKANC:

JUSTICE HARDING:

Okay.

opportunity to submit.

MS. BUKANC:

That Counsel will have the

So I just wanted to clarify who

ACCURATE STENOTYPE REPORTERS, INC.

is in the room when.

So when the charged student

is in the room to make a statement or to answer

questions he will be in the room.

Complainant is in the room to make a statement and

answer questions she will be in the room.

University's witnesses are in the room, the

Complainant will be in the other room, the

Respondent will be here.

Complainant has her witnesses she is here.

When the

And then when the

When

the Respondent has his witnesses he is here.

there will be some swapping out.

will not be too cumbersome.

13
14

MR. CORNWELL:
it work.
MS. BUKANC:

JUSTICE HARDING:

Yeah.
Good.

Ms. Egan, do you have

anything?

MS. EGAN:

JUSTICE HARDING:

MR. BAJOCZKY:

JUSTICE HARDING:

MS. JACKSON:

That, hopefully,

We'll figure out a way to make

I have nothing.
Tony?

No, sir.
Okay.

Very well.

We'll go off the record for a

second.

JUSTICE HARDING:

Off the record.

(A break was taken off the record from

ACCURATE STENOTYPE REPORTERS, INC.

1
2
3
4

12:34 p.m. to 1:01 p.m.)

JUSTICE HARDING:

Well, greetings, and thank

you all for being here this afternoon.

My name is Major Harding, and I am the Hearing

Officer that will preside over this hearing we are

about to conduct.

And I think it would be helpful for you to

know in preparation for the hearing I have reviewed

the binder of investigative materials provided to

me by the University, and I understand both of you

have been provided with those same materials.

I have also reviewed FSU's Student Conduct

Code, and I have received training on how to

conduct a hearing pursuant to the Student Conduct

Code, particularly a hearing involving sexual

allegations, allegations of sexual misconduct.

I have also reviewed the training materials

that have been provided to me by Counsel for the

parties and supplemental materials provided I think

on the 20th, except for the Briefs submitted by

Counsel for the Complainant.

Now, this hearing is being taped -- not taped,

but is being reported by a court reporter, and

transcripts will be made available as readily as

possible to you as we indicated the other day.

ACCURATE STENOTYPE REPORTERS, INC.

And also transcripts will be made available to

the appellate officer for in the event that there

is an appeal in this case.

Now, the purpose of a sexual misconduct

hearing is to address the alleged violations of

Florida State University Student Conduct Code.

it is my responsibility to resolve any questions

that concern the procedure or the admission of

evidence or testimony including the relevancy and

And

reliability of any evidence or testimony.

The Complainant and the Respondent may not

question each other in a sexual misconduct hearing.

Instead, I, as the Hearing Officer, will ask

questions of the parties and the witnesses.

And each party will have the opportunity to

ask questions of each witness, and those questions

will be passed through to me.

And witnesses are not here to tell your

stories for you so it is important that you share

with me all the information that you think is

important that I know.

share all of the information that offers your

perspective on what has happened.

24
25

This is your opportunity to

Now, this procedure is probably a little

different for lawyers, but it is the University
ACCURATE STENOTYPE REPORTERS, INC.

policy that support persons are present and they're

permitted only to confer with and consult with the

party they are supporting, and they may not address

me or speak for you who are the parties.

And what we value above everything else in the

hearing process is your honesty.

It is essential

that you be completely honest with me and that you

demonstrate Florida State University's values and

character by providing truthful testimony here

today.

And intentionally being dishonest may

result in additional consequences.

Now, the sexual misconduct investigative

hearing process does not allow and does not follow

really the rules of a criminal court of law.

for example, formal criminal court law rules

regarding the admissibility of evidence are not

applicable here in this proceeding.

And,

In addition, the standard of proof in a sexual

misconduct hearing is the preponderance of the

evidence and not beyond a reasonable doubt as in

the criminal case.

This means that in order for a Respondent to

be found responsible I must find that it is more

likely than not that the Respondent committed

sexual misconduct.
ACCURATE STENOTYPE REPORTERS, INC.

Now, please note that this hearing is

confidential and should not be discussed with

anyone who is not directly involved in these

proceedings.

5
6

Now, does everyone present this afternoon

understand what I have just explained?

RESPONDENT:

Yes, Your Honor.

MR. KERR:

JUSTICE HARDING:

Yes, Your Honor, we do.

COMPLAINANT:

JUSTICE HARDING:

All right.

And for Complainant?

Yes, Your Honor.

Very well.

Now, this is a sexual misconduct

hearing conducted by Florida State University and

it is -- I don't know the name of this building.

15
16
17

MS. EGAN:

We are in the Material Science

Building at the College of Engineering.

JUSTICE HARDING:

At the College of

Engineering, Material Science Building, and this is

the 2nd day of December.

hearings on behalf of the University.

21
22
23

And I am conducting these

The Complainant in this case is Complainant,

and the Respondent is Respondent.
And Respondent, Complainant has alleged that

on or about December the 7th of 2012 you engaged in

sexual intercourse with her without her consent.

ACCURATE STENOTYPE REPORTERS, INC.

Do you admit or deny the allegation?

RESPONDENT:

I did not sexually assault

Complainant.

explains exactly what happened to the best of my

recollection.

6
7
8
9

I am submitting a statement that

JUSTICE HARDING:

All right.

We'll be glad to

hear that statement in just a moment.

The purpose of this hearing is to investigate
and adjudicate whether or not Respondent has

violated certain provisions of the Student Conduct

Code; and, more specifically, the purpose is to

determine whether Respondent is responsible for

sexual misconduct.

And the charges have been laid out to you,

Respondent, in a letter that was dated October 10th

and sent to you by the Interim President of the

University and the Vice President of Student

Affairs, and you have received that letter; is that

correct?

RESPONDENT:

JUSTICE HARDING:

22
23

Yes, sir.
And so you understand the

charges that have been made against you.

I will ask questions throughout the hearing of

both Complainant and Respondent and the witnesses

present and the witnesses over the telephone.

ACCURATE STENOTYPE REPORTERS, INC.

Complainant and Respondent will have the

opportunity to ask questions of the witness, but

will not be allowed to question each other.

And I have furnished to Counsel a list of the

witnesses that have -- that we expect to hear

during the course of the hearing.

And is it necessary for me to give those

witnesses -- would it be appropriate to do that

now?

We expect to hear from Complainant, Witness

One, Witness Two, Witness Four, Witness Five,

Witness Three, Officer Harris, John Kinsman,

, Susan Parmalee, Scott

Angulo, Paul Osborn, Jason Newlin, Jamal Roberts,

and Bruce Goldberger.

And I would like to remind all of you who are

going to testify that providing false information

in this hearing is itself a violation of the

Florida State University Student Conduct Code.

And so I would ask each of you, Respondent and

Complainant, do you each agree to tell the truth in

these proceedings?

RESPONDENT:

Yes, Your Honor.

COMPLAINANT:

JUSTICE HARDING:

Yes, Your Honor.

Thank you very much.

ACCURATE STENOTYPE REPORTERS, INC.

1
2

Does anyone have any questions before we

begin?

Anything, any questions?

MR. KERR:

No, Your Honor.

RESPONDENT:

MR. CORNWELL:

No, Your Honor.

You referenced FSU materials as

well as supplemental materials that we submitted.

Are those automatically part of the record or do we

have to move those in formally?

JUSTICE HARDING:

The Student Conduct Code?

MR. CORNWELL:

I'm not sure I understand.

No.

The investigative

documents that were provided to all of us as well

as the supplemental materials that we provided by

November 20th.

The question is whether those are

automatically part of the hearing record or do we

have to move those into the record?

JUSTICE HARDING:

I'm not -- the hearing --

The matter submitted to the Hearing Officer

contains those records and have been considered and

will be considered.

22
23
24
25

MR. CORNWELL:

Okay.

So they're part of the

record.
JUSTICE HARDING:

All right.

Now, I'm going

to begin the hearing with opening statements.

ACCURATE STENOTYPE REPORTERS, INC.

And

giving an opening statement will give each of you

the opportunity to provide a brief introduction

regarding the matters before us.

statement should be concise, and you will have the

opportunity to share detailed information at a

later time in the hearing.

7
8
9
10

We will begin.

Your opening

Complainant, would you like to

make an opening statement, please?

COMPLAINANT:

Your Honor, I was under the

impression that I would go second.

JUSTICE HARDING:

Did you want to have her in the room to make

the opening statement?

MS. JACKSON:

Wait just a moment.

I think it makes more sense

maybe if we ask for an opening from the Respondent

while he is here.

JUSTICE HARDING:

MS. JACKSON:

Okay.

If Complainant has no objection

we can wait until she is in the room.

is agreeable.

21
22
23

JUSTICE HARDING:

All right.

If everyone

And she just

indicated she would go second.

MR. CORNWELL:

I thought that when we were up

here earlier you said the order would be FSU and

then Respondent.
ACCURATE STENOTYPE REPORTERS, INC.

1
2

MS. JACKSON:

Justice Harding's remarks were

the University's opening statement.

MR. CORNWELL:

I see.

MS. JACKSON:

MR. CORNWELL:

JUSTICE HARDING:

Okay.

I'm sorry about that.

No, that's fine.
All right.

That being the

case then, Respondent, if you wish to make an

opening statement you may do so at this time.

MR. CORNWELL:

Your Honor, he can sit?

JUSTICE HARDING:

RESPONDENT:

Certainly.

I did not sexually assault

Complainant so I will be submitting a statement

that explains exactly what happened to the best of

my recollection.

I understand, Your Honor, that you have tons

of experience, and I'm extremely confident that you

will agree with me after you hear the truth.

I know you don't usually do this so I would

like to thank Your Honor for agreeing to hear this

case.

This statement contains my best recollection

of my involvement with Complainant.

I apologize

for the graphic nature of the matters I describe,

but given the false accusations against me it is

important to describe fully and accurately my

ACCURATE STENOTYPE REPORTERS, INC.

interaction with Complainant to demonstrate that

she willingly engaged in multiple consensual sexual

acts with me with her full knowledge and consent.

Complainant is lying about me.

I have no

choice but to tell the truth about her.

I did not rape or sexually assault

Complainant.

I did not create a hostile,

intimidating, or offensive environment.

In the short period of time that we were

together Complainant had the capacity to consent to

having sex with me, and she repeatedly did so by

her conduct and verbal expressions.

13
14
15
16
17

I have never used physical violence, threats,

or other coercive means towards Complainant.
Finally, I never endangered Complainant's
health, safety, or well being.
In the late evening of December 6th, 2012 or

the early morning of December 7th, 2012 Witness

One, Witness Two and I arrived at Potbelly's.

of my teammates were also at Potbelly's.

Many

At some point I noticed an attractive girl

dancing on the dance floor.

A few teammates and I

started dancing as well and I worked my way over to

this girl and made small talk with her as we

started dancing together.

I asked her for her name

ACCURATE STENOTYPE REPORTERS, INC.

and she asked me for mine.

She said hers was Complainant.

I told her my name.

To the best of my recollection, Complainant

and I danced together for approximately ten

minutes.

talk and I asked Complainant for her telephone

number.

When we finished dancing we continued to

It was loud in Potbelly's so rather than

yelling her telephone number at me Complainant took

my cellphone and entered her telephone number into

my phone.

into my cellphone we talked some more.

something about staying in touch or getting

together later, and then I went to mingle with my

friends.

After Complainant entered her number

I mentioned

Witness One saw me talking to Complainant at

the bar and told me he had already gotten

Complainant's number.

I did not buy Complainant a drink.

give Complainant a drink of any kind.

give her a shot of any kind.

offer to give any drugs to Complainant.

I did not

I did not give or

Around the time Potbelly's was closing Witness

One, Witness Two and I left Potbelly's and

socialized in front of Potbelly's.

ACCURATE STENOTYPE REPORTERS, INC.

Witness One and I thought that Complainant was

interested in both of us.

Complainant a text message letting her know that I

was leaving and asking her whether she was ready to

leave.

I decided to send

Given our prior interaction and her response I

believe that it was clear to Complainant that my

intent with the text was to find out whether she

wanted to leave and go home with me.

Complainant replied to my text saying in

substance that she was ready to leave and was

coming outside.

Witness One, Witness Two and I were standing

next to the taxi cab when Complainant came outside

and voluntarily walked over to us.

exactly what was said, but we made it clear that we

were leaving, and Complainant made it clear that

she wanted to leave with us.

I do not recall

Since Potbelly's was closing there were a

bunch of students outside of Potbelly's around the

outside bar and there were a bunch of taxi cabs

parked at the curb in front of Potbelly's.

Complainant voluntarily left with us.

Complainant was not taken by force or coerced into

a taxi cab.

She was fully aware of what was

ACCURATE STENOTYPE REPORTERS, INC.

happening.

response to my text that she voluntarily got into

the taxi cab.

She voluntarily left Potbelly's in

If Complainant had protested then I would have

left her at Potbelly's.

protested the students and the taxi cab drivers in

front of Potbelly's would have heard her.

8
9
10
11

Additionally, if she had

Complainant was fully aware of her actions and

she did not protest at all.

Complainant left with

us voluntarily.
The taxi cab ride to my apartment took roughly

five minutes.

During the ride everyone was

cheerful, talking.

We asked Complainant if she had any friends

who might want to come to our place and join us.

recall that she was calling some friends to come to

our apartment.

Witness One and I lived together in an

apartment on the first floor of Legacy Suites.

After we arrived Complainant, Witness One, Witness

Two and I went into my apartment.

Almost immediately upon our arrival

Complainant and I went into my bedroom.

standing facing each other kissing and touching

each other's bodies.

I eventually asked

ACCURATE STENOTYPE REPORTERS, INC.

We were

Complainant if she would perform oral sex on me.

She said that she would.

were on and Complainant willing performed oral sex

on me.

The lights in my bedroom

While Complainant was performing oral sex I

was close enough to my dresser to reach over to it

and open the drawer and retrieve a condom.

8
9
10

Complainant and I also engaged in intense

foreplay and heavy petting during the same period
while she was performing oral sex.

I was with her on the bed during foreplay and

I may have ejaculated a small amount of semen onto

her clothing.

Complainant assisted in putting on the condom.

I stood on the floor with Complainant on the bed --

with Complainant on the bed and we engaged in

consensual sexual intercourse.

After some time in this position we engaged --

we changed positions.

and Complainant got on top of me.

I got on my bed on my back

Complainant's conduct and other verbal

expressions left no doubt that our sex was

consensual.

24
25

I recall hearing Witness One and Witness Two

outside of my room.

The door of my room was broken

ACCURATE STENOTYPE REPORTERS, INC.

so the door could not close fully or be locked.

some point Witness One came into the room.

Complainant, who was still on top of me, saw

Witness One and told him to get out of the room.

Witness One left voluntarily.

tell me to stop having sex with Complainant.

Witness One did not do anything or say anything to

try to persuade me to stop having sex with

Complainant.

Witness One did not

Complainant did not do or say anything to

Witness One to express or indicate that she was

being forced to have sex with me.

Witness One left the room Complainant got up to

close the door completely.

door was broken and did not close all the way or

lock.

returned to my bed.

In fact, after

I told her that the

Complainant then turned the lights off and

Thereafter either Witness Two or Witness One

pushed the door open as a prank.

me if there were any way that we could have more

privacy.

I took her into my bathroom.

Complainant asked

While in the

bathroom we began to have consensual sex again.

And eventually concluded having sex.

After we finished having sex we stayed in the

ACCURATE STENOTYPE REPORTERS, INC.

bathroom for a few minutes talking and then she

indicated that she was ready to leave.

Complainant dressed herself.

While she was

dressing I asked Complainant where she lived, and

she told me that her place was not far from mine.

I also got dressed and we left my apartment and got

on my scooter.

scooter and wrapped her arms around my waist.

Complainant sat behind me on my

After a short ride, perhaps three to five

minutes, we arrived at the curb in front of Sally

Hall.

off the scooter, gave me a hug, and walked through

Sally Hall walkway to her dorm, Kellum Hall.

When I stopped at the curb Complainant got

Other than asking Witness One to leave the

room, Complainant did not say or do anything to

express or indicate that she was upset about

anything that occurred before, during, or after

consensual sexual activities.

From the time I met Complainant at Potbelly's

to the time I dropped her off at her dorm

Complainant was fully aware of her surroundings and

in control of all her faculties.

responsive and communicative.

personality and was fun to be with.

She was

She had a pleasant

During our consensual sexual interactions

ACCURATE STENOTYPE REPORTERS, INC.

Complainant engaged in a little sexual talk and

took other actions that made it clear that the sex

was consensual and she was enjoying having sex with

me.

If Complainant did not want to have oral sex

or intercourse with me she was fully capable of

expressing it to me.

numerous students outside of Potbelly's, Witness

One and/or Witness Two, had she done so I would

10
11

The taxi cab drivers, the

have stopped immediately.

Rape is a vicious crime.

The only thing as

vicious as rape is falsely accusing someone of

rape.

accused me, threatened to sue me, demanded

$7 million from me, and engaged in a destructive

media campaign against me and manipulated this

process to the point that my rights have and will

continue to be severely compromised.

Complainant and her lawyers have falsely

Complainant and her lawyers publicly

campaigned to vilify me guarantees that her false

accusations will follow me for the rest of my life.

At some point they will be held accountable so

I have determined that it is in my best interests

to exercise my right pursuant to Rule

6C2R-3.004(6)(d) of the Florida State University

ACCURATE STENOTYPE REPORTERS, INC.

Student Code of Conduct and answer questions where

experienced lawyers and other experts can assist me

in confronting Complainant's false accusation and

where Complainant is subject to the penalty of

perjury and other claims for Complainant falsely

accusing me of rape.

JUSTICE HARDING:

Complainant.

an opening statement?

COMPLAINANT:

11
12
13

Thank you.

Complainant, do you wish to make

Are we going to transfer rooms

for that?
MS. BUKANC:

Yes.

Robyn is going to be down

in a minute and we'll do the transfer.

MR. KERR:

COMPLAINANT:

(A break was taken off the record from

17
18

Okay.

Great.

Okay.

Thank you.

1:26 p.m. to 1:49 p.m.)

JUSTICE HARDING:

Now, Complainant, you have

the opportunity to make an opening statement.

you wish to do so at this time you may do that.

COMPLAINANT:

Your Honor, my name is

Complainant, I am 20 years old and I am currently

studying at the University of South Florida

majoring in mass communications with a

concentration in public relations.

ACCURATE STENOTYPE REPORTERS, INC.

My parents are John and Teresa Kinsman, and

we're from Zephyrhills, Florida where I grew up.

Two years ago I attended Florida State

University.

dreamed of going to FSU and was so excited when I

was accepted here.

As a kid growing up in Florida I

The start of my freshman year was great.

the fall semester of 2012 I was enjoying my

classes, my friends, and had joined a sorority

which all kept me very busy.

MR. KERR:

COMPLAINANT:

My friends and I would occasionally go out to

14
15

Slow it down.
Okay.

local college bars.

On December 6th, 2012 I went out with some

friends to a bar named Potbelly's which I'm sure

you have read a lot about in hearing materials.

It was there that I met a man that I would

later know as Respondent.

changed my life.

That night has forever

Over the past two years -- sorry.

Over the

past two years I have learned a lot about sexual

assault and how memory works during trauma.

are some things from that night that have become

clearer to me with the passage of time and some

ACCURATE STENOTYPE REPORTERS, INC.

There

less clear.

Although I know it would have been easiest for

me to just reread and repeat my initial statements,

I have always done and will continue to do my best

to give the most accurate recollection I have of

that evening.

Respondent and his advisors, sobeit.

If that subjects me to criticism by

I remember being raped on Respondent's bed

clearly.

I remember pleading with him to stop

clearly.

And I remember one of his friends telling

him to stop and saying she is saying no clearly.

I remember being carried into the bathroom and

Respondent locking the door behind him.

him holding me down and raping me while I tried to

struggle and resist him.

as clearly today as they were in 2012.

I remember

I remember these things

I remember sitting in my class the first week

of the spring semester of 2013 and hearing the name

Respondent for the first time.

had never heard of him.

Like most people I

Witness Four and I looked him up on Facebook

to see a photo only to learn that he had a fan page

on Facebook and was an important recruit for the

football team.

no idea who he was and he never told me.

At the time that I was raped I had

ACCURATE STENOTYPE REPORTERS, INC.

I remember thinking that nothing would ever

come of reporting this and blaming myself for it

thinking if only I had less to drink; if only I

fought getting into the cab; if only I stayed with

my friend Witness Four maybe this wouldn't have

happened to me.

Although I know that what Respondent did to me

was not my fault, I would give anything to do that

night over again and just stay home.

10
11

But I can't

do that.
My choices are to go away and pretend like

nothing happened or to try to hold Respondent

accountable.

If pretending like nothing happened were at

all possible I might consider doing it.

lived with this every day of my life since then,

both before and after the media found out.

But I have

Since the night of my assault Respondent has

become somewhat of a celebrity here.

My life,

however, has gone in the opposite direction.

Thank you.

Okay.

I was forced to leave FSU and my friends here.

I was subjected to a number of death threats, and

my parents' home and work addresses were posted

online.

I have had my most horrible life

ACCURATE STENOTYPE REPORTERS, INC.

experience played out and debated in local and

national media that couldn't care a less about me.

Although I know my lawyers are always

advocating on my behalf, sometimes I wish that all

the media and lawyers would just go away.

give anything to just be a normal student again at

FSU.

I would

What I'm hoping for today is for someone with

no other agenda to just listen to what happened to

me.

Respondent's career.

heard.

I don't care about football or money or

I just want the truth to be

I know what happened that night, and I am

apparently the only one of us who is willing to

tell that truth.

It was my dream to go to Florida State and

there is a part of me that will always love this

school.

with my professors and friends and my former life.

More than anything I wish I was still here

For now I know that is not possible, although,

there is a small hope that if Respondent is held

accountable maybe I could come back someday.

Respondent raped me.

There is no other term

for it.

I said it on December 7th, 2012 and I'll

say it as long as I live because that is what

ACCURATE STENOTYPE REPORTERS, INC.

happened.

It is a night that changed my life.

I know there is nothing that this process can

do to fix that; and, regardless of the outcome,

Respondent will no doubt go on to be an even bigger

celebrity in NFL.

deserves to have some accountability for his

violent behavior, perhaps even being expelled will

have minimal deterrent effect on him.

expulsion discourages even one other woman from

But before he leaves here he

But if

trusting him in the future it will have been worth

it.

Thank you for agreeing to hear my case.

hope you're able to do the right thing in the end

and find Respondent responsible for each of the

charges.

JUSTICE HARDING:

Thank you.

Now, I believe it's time for you to become a

witness.

convenience of the court reporter, Mr. Cornwell, if

you would come down and have a seat there

(indicating).

COMPLAINANT:

23
24
25

And I would respectfully ask for the

Yes.

DIRECT EXAMINATION
BY JUSTICE HARDING:
Q

Now, you have previously indicated to me,

ACCURATE STENOTYPE REPORTERS, INC.

Complainant, that you agree to tell the truth in this

proceeding; is that correct?

Yes, Your Honor.

Okay.

Now, I have heard from your opening

statements your relation of the facts as you understand

them.

happened at Potbelly's.

8
9

Help me understand a little bit about what

Now, you understand that you do have the

choice not to testify.

You can exercise that option and

it will not preclude me from making a determination

regarding the complaint.

testify you may do so, if you do not wish to testify you

may do so.

However, if you wish to

Okay.
MR. KERR:

Your Honor, I'm sorry for

interrupting your questioning.

sworn testimony?

18
19

JUSTICE HARDING:

She has agreed to tell

the truth in this proceeding.

20
21

Yes.

But is -- this is

MR. KERR:
A

Okay.

Your Honor, the summary of my FSU interview by

Sarah Merkin (phonetic) and the materials is quite

complete and I don't plan to go over it all again except

to the extent that you have questions.

You also have four law enforcement interviews

ACCURATE STENOTYPE REPORTERS, INC.

I gave that are in the materials.

points in the materials I would like to clarify in

response to Respondent's opening statement.

All right.

Okay.

true.

the case.

8
9
10
11

There are a few

You may do so.

Basically nothing Respondent said is

His false story conflicts with the evidence in

I never consented.
He never told me his name.

I didn't know who he was.

I never entered my number

into his phone, and I never received a text from him.

Respondent raped me twice on his bed where I

lay frozen but telling him to stop.

put me on the bathroom floor and locked the door and

told me that it was locked.

And again when he

Then I struggled against him as hard as I

could, but he over-powered me and dragged me.

I tried

to push and kick him off of me, but he pinned me down by

the arms and the leg like (indicating).

him to stop, but he covered my face and mouth with one

hand and jammed it hard to the side like this

(indicating), like on the floor like this (indicating).

I believe this is where my head pain came from.

I kept telling

He admitted to approaching me in Potbelly's,

and I'm pretty sure that the guy who gave me a shot of

some liquor was Respondent.

ACCURATE STENOTYPE REPORTERS, INC.

In my interview the day of the rape by

Detective Angulo I said the guy who gave me the shot

could have been my attacker.

At the time I'd mistakenly thought he was a

friend of Witness Five's since they were standing near

each other at the bar.

Angulo that I'd only thought that at the moment.

8
9

But I explained to Detective

Officer Fallis wrote that the guy was an

unknown white male friend of Witness Five's.

I have no

idea where he got that information from, but I've never

said that to anyone.

from the interview the same day by Detective Angulo when

I say the man was black, tall, and big.

That was Officer Fallis's error

I became more certain a few months later after

talking with one of my friends, Ashley, who had been

there and seen the guy at the bar was wearing a red

shirt and dark jeans which Respondent --

I'm sorry, the guy at the bar what?

She, Ashley, had seen the guy at the bar.

She had seen, okay.

Yes.

MR. KERR:

THE WITNESS:

24
25

Okay.

He didn't hear this part.

Oh.

Yeah, my friend, Ashley, who had been

there that night and seen the guy at the bar was wearing
ACCURATE STENOTYPE REPORTERS, INC.

a red shirt and dark jeans which Respondent had also

been wearing.

3
4

THE WITNESS:
This one?

MR. KERR:

THE WITNESS:

And should I address this now?

No.
Okay.

If there were any truth to what Respondent

said he would have said it under oath.

the sexual interaction is completely fabricated.

I'm happy to respond to your questions about

those or any other matters.

BY JUSTICE HARDING:

13
14

His account of

Okay.

Thank you.

And let's go back to the question

regarding what happened at Potbelly's.

Okay.

To what extent?

Do you just want me to

tell you --

Well, when you met and that sort of thing.

I don't remember ever meeting Respondent in

the way that he said that we met.

And like I said here,

I believe that Respondent was the man who gave me the

shot at the bar which would have been the first time

that I had met him.

I did give my phone number to Witness One.

I never gave him my phone number.

When you say shot, what are you talking about?

A shot of alcohol.
ACCURATE STENOTYPE REPORTERS, INC.

A shot of alcohol?

Yes.

Okay.

I'm not sure.

Were you drinking any other kind of alcohol

What kind?

that evening?

Yes, sir.

And what was that?

Me and two of my friends, Witness Five and

Witness Four, had split about four or five like just

regular mixed drinks earlier in the night.

12
13
14

Okay.

And tell me about getting into the --

going out and getting into the taxi cab.

This is one of the parts that is a little bit

kind of hazy.

I did not get into the cab willingly.

wouldn't say that I was forced or -- I wouldn't say that

I was forced into the cab, but I believe that I was

scared.

I was scared into getting into the cab.

All right.

I mean, I -- I'm not really sure how to --

And scared about what?

Scared because these are three men who I've never met

who are all very much bigger than me.

would happen if I didn't get into the cab.

a fear kind of feeling.

Scared about what

It was just

What drew you outside of Potbelly's that

ACCURATE STENOTYPE REPORTERS, INC.

night?

I was leaving or --

With your friends that you had come --

Yeah, I was looking -- I was looking for

Witness Four.

We had gotten separated.

And it wasn't

like unusual to get separated from my friends.

Sometimes we would talk to other people, like our other

friends and stuff.

And so I think that at that point we were --

me and Witness Four were separated and -- I don't know

if she was looking for me.

so I had went outside and it was pretty late then so I

was looking for her to leave.

14
15
16

Okay.

I was looking for her.

And

The amount of alcohol that you consumed

that night, was that a typical amount?

I can't say exactly how much alcohol I had

because we were all sharing the drinks.

say, yeah, probably a typical amount.

for me to be completely drunk if you want to say or --

but it was pretty typical, yes.

JUSTICE HARDING:

MR. BAJOCZKY:

JUSTICE HARDING:

24
25

But I would

And not enough

Do you have anything?

No, sir.
Okay.

I have no further

questions.
All right.

Maybe I do.

ACCURATE STENOTYPE REPORTERS, INC.

1
2

BY JUSTICE HARDING:
Q

You had -- you have described that the sex

that you engaged in was non-consensual.

got to his apartment where did you go?

But when you

Whenever we got to his apartment and we were

getting out of the cab Respondent had me by the arm and

led me into -- inside of his apartment.

Okay.

Into his bedroom.

And then basically what happened then?

Respondent, after leading me into his bedroom,

12
13
14

And then where did you go from there?

he undressed me and got on top of me and raped me.

Okay.

And you said that someone came into the

room?

Yes.

And who was that?

The someone I believe to be Witness Two came

into the room.

One coming into the room.

20
21

Okay.

I don't have any recollection of Witness

Did you know either one of them before

that evening?

No.

And you did -- what did you say to him as he

24
25

was undressing you and forcing you to have sex?

I said please stop, no, multiple times.

ACCURATE STENOTYPE REPORTERS, INC.

1
2
3

remember pleading just for him to stop.

JUSTICE HARDING:
further.

THE WITNESS:

JUSTICE HARDING:

I don't have anything

Thank you very much.

Okay.

Thank you.
Through Counsel does

Respondent have any questions?

MS. BUKANC:

So what you will do is work with

him to write them down and then give them to the

Judge.

JUSTICE HARDING:

MR. CORNWELL:

MS. BUKANC:

JUSTICE HARDING:

Yes, we will have questions.

Okay.
All right.

Shall we take

that time right now to do that?

MS. BUKANC:

JUSTICE HARDING:

That's correct.

Yes.
Okay.

Thank you.

You may

then be excused.

MR. CORNWELL:

MS. JACKSON:

Thank you.
We wanted to get some

clarification from you on this issue we have about

advisors and support people.

Apparently Mr. Clune is in the building and I

wanted to make sure that I clearly understood what

your ruling was in terms of allowing support

persons in the room, and then also listening in by

ACCURATE STENOTYPE REPORTERS, INC.

1
2

phone.
Presently we have Respondent in another room

with Mr. Levine.

she is not on the phone, she is not participating.

5
6
7

And then we have Ms. Pruitt but

So if we have Mr. Clune here how do we think

that could work?
MR. CORNWELL:

I would imagine the same way,

that he can be with whomever in a room while on the

phone.

10
11

JUSTICE HARDING:

And you have no objection to

that?

MR. CORNWELL:

No.

MS. JACKSON:

Okay.

Well, then what I'll do

is I'll ask Ms. Pruitt to step outside and we'll

reactivate that phone in 115.

JUSTICE HARDING:

MR. CORNWELL:

18
19
20
21

I don't care if she stays in,

really.
MS. JACKSON:

Well, she is a University

employee so I'd rather her not be there.

MR. CORNWELL:

Understood.

make sure it's not --

MS. JACKSON:

24
25

Okay.

I just wanted to

Well, thank you.

appreciate that.
JUSTICE HARDING:

You may advise and confer

ACCURATE STENOTYPE REPORTERS, INC.

with Respondent and bring the questions for me to

ask.

3
4

MR. CORNWELL:

Okay.

We'll try to be quick,

Your Honor.

JUSTICE HARDING:

Off the record.

(A break was taken off the record from

2:10 p.m. to 2:43 p.m.)

9
10

JUSTICE HARDING:

Okay.

These are questions

that have been requested by the Respondent.

11
12

Thank you.

CROSS EXAMINATION
BY JUSTICE HARDING:
Q

Complainant, when you left Potbelly's and went

outside were there numerous students outside of

Potbelly's that evening?

Yes.

Like I said, it was kind of like the

end, like it was getting late so a lot of people were

kind of like leaving and stuff.

19
20
21

And were -- and you said there were also

numerous cab drivers, cabs and cab drivers?

I don't specifically remember.

But if you

want me to speculate then, yes, there usually are

several cabs.

24
25

Okay.

I have some pictures here, and for

Counsel, too.
ACCURATE STENOTYPE REPORTERS, INC.

If my understanding is correct, the picture

that I'm handing to you is the picture of the front of

Potbelly's?

Yes, sir.

Okay.

Mr. Kerr, would you just write 1 on the

back of that, please?

MR. KERR:

(Respondent's Exhibit 1 was marked for

9
10
11

Yes, Your Honor.

identification.)
BY JUSTICE HARDING:
Q

And then this is a picture, photograph, as you

would walk outside of Potbelly's and go to the left; is

that correct?

Go to the left to go to campus?

No.

If you just -- a picture going down to

Oh.

Yes, Your Honor.

16
17

the left?
A

JUSTICE HARDING:

(Respondent's Exhibit 2 and Exhibit 3 was

20
21
22

And that's number 2.

marked for identification.)

BY JUSTICE HARDING:
Q

And this picture that I'm showing you now is

number 3, and that is a picture of walking outside of

Potbelly's and looking down to the right?

I assume.

Yes.

ACCURATE STENOTYPE REPORTERS, INC.

Okay.

And the next question is, you did not

scream or make any other outcry to anyone outside of

Potbelly's that night, did you?

No, there was no screams.

And no other outcry?

MR. CORNWELL:

I'm sorry, I think we're

entitled to her answer.

JUSTICE HARDING:

MR. CORNWELL:

Yes, your answer, please.

Okay.

If you're -- there was some -- there was some

struggle, but I wouldn't say an outcry.

BY JUSTICE HARDING:

Okay.

You also did not scream or make any

other outcry to the cab driver while he was driving the

four of you to Respondent's apartment; is that correct?

Yeah.

At that point I was kind of just really

like scared and kind of -- I was in a state of just kind

of terror.

So, no, there was no screams or outcries.

All right.

The next question is, when you

left the cab and were taken by your arm towards

Respondent's apartment you did not scream or make any

other outcry to any of the residents of the apartment

building; is that correct?

Yes.

And in addition to the numerous students in

ACCURATE STENOTYPE REPORTERS, INC.

front of Potbelly's isn't it true that there also were

security personnel in front of Potbelly's?

I'm not sure.

4
5

JUSTICE HARDING:

And I have a few more that I would like to

ask.

8
9
10
11

Those were the

questions that were asked by the Respondent.

6
7

Okay.

REDIRECT EXAMINATION
BY JUSTICE HARDING:
Q

Respondent indicated that he and you had

danced during the course of the evening.

Is that true?

No.

Did you ever talk with him during the course

14
15

of the evening?
A

The only time that I believe that I had any

conversation with Respondent was whenever he bought me

the shot at the bar.

the person that bought me the shot at the bar.

Okay.

Which this is just I believe he is

There is statements by other witnesses

that you showed them a text regarding a request to meet

outside and there was conversation in regard to that

text; and, if my memory is correct, something to the

effect, well, go ahead and go.

24
25

Witness Four, one of the people who I went out

with that night, says that she saw a text in my phone

ACCURATE STENOTYPE REPORTERS, INC.

from an unknown person, an unknown number, that said

something along the lines of meet me outside.

personally do not remember these texts.

And I

The next morning they were not -- well, not

even after the assault they were not in my phone, there

was no text messages.

text messages and I have no proof of those text

messages.

So I have no recollection of any

In reference to getting into the car -- or to

the cab, did you have any other way to get home?

did you arrive at Potbelly's?

12
13
14

How

Our friend Ashley drove Ashley, me and Witness

Four to the -- to Potbelly's.

Okay.

Help me understand.

Now I believe

after the alleged assault you were dressed and you got

on the back of a scooter with Respondent?

Yes.

And he drove you back -- rode you -- I don't

know whether you drive or ride a scooter, but rode you

back to your apartment; is that correct?

Well, somewhat, yes.

Afterwards he said you

can leave now and at that point I really didn't know

where I was so he offered to give me a ride home on the

scooter.

And when he asked me where I lived I told him

ACCURATE STENOTYPE REPORTERS, INC.

I lived in Sally Hall which is not where I lived, but it

was a dorm that's close to where I was living at that

time so he took me there.

Well, why did you get on the scooter?

Because I had no idea where I was and I was

6
7
8
9

really -- just didn't know what to do otherwise.

You made some statement earlier about his

hiding his face?

While we were in the bathroom he pushed my

face to the side, and I believe this was so I couldn't

see him or --

But you had seen him earlier in the evening.

Pertaining to the man who gave me the shot or

14
15

pertaining to -Q

Well, that you had had -- I'm wondering why it

would appear that he was turning your face at that time

to avoid your recognizing his face when you had been

with him the entire evening.

answer, I don't know.

And you may not know the

Yeah, I'm not really sure about that.

When did you first feel pressure or

22
23

intimidated in regard to this potential sexual assault?

Whenever I was outside of Potbelly's and the

three guys were trying to get me into the cab would be

the first time that I felt scared or intimidated.

ACCURATE STENOTYPE REPORTERS, INC.

And then when did you first express no to him?

When we were in the cab the person sitting

next to me, Respondent, was like touching my leg and

stuff, and that's when I said like please don't -- like

don't touch me, like please stop in the cab.

6
7

JUSTICE HARDING:

Ms. Bukanc, do

you have any questions?

8
9

All right.

(A brief break was held off the record.)

BY JUSTICE HARDING:
Q

The question is, you did not -- you did not

make an outcry or scream in getting into the cab, but

was there a struggle in getting into the cab?

I mean, the point that I was trying to make

there was that I didn't get into the cab willingly.

like I mentioned before, I don't think that I was forced

in, like I don't think that somebody picked me up and

put me into the cab.

hundred percent like willing to get into that cab.

I'm not really sure what kind of like outcry or whatever

it was.

And

But at that time I was not a

But something to be noted with that also is I

had my ID and money in my back pocket which I later

didn't have.

the money was still in my pocket.

some sort of struggle occurred for my ID to come out of

The ID, I didn't have the ID later.

But

So I believe that

ACCURATE STENOTYPE REPORTERS, INC.

my pocket.

Okay.

And what was the seating arrangement

inside of the cab?

I was sitting right behind the driver.

On the left hand side of the backseat?

Yes.

Okay.

And Respondent was sitting next to me.

And where was the other two?

Witness Two was on -- also in the backseat,

and Witness One was in the front seat.

Okay.

I think you have answered this in a

way, but did you ever verbally make it known to the cab

driver or anyone else that you did not want to be in the

cab?

16
17

I made it verbally known that I didn't want to

be touched while I was in the cab.

JUSTICE HARDING:

MS. BUKANC:

Okay.

All right.

I just want to ask one question

because I'm worried that if we don't ask everything

later on we can't bring people back in.

COMPLAINANT:

MS. BUKANC:

Right.

That's fine.

And this is part of the reason

why the Judge is asking questions related to the

intimidation piece.

And you've given reports

ACCURATE STENOTYPE REPORTERS, INC.

already so we're not trying to, you know, burden

you with more questions.

But I think that we're trying to understand

more about that intimidation and what exactly was

it.

intimidated?

get in the cab.

What was it specifically that made you feel

Because you said you didn't want to

COMPLAINANT:

MS. BUKANC:

Right.
And that's when it started, that

you started feeling afraid?

COMPLAINANT:

MS. BUKANC:

Right.
But from your statements and from

what I'm hearing we're still unclear what that

exactly means.

COMPLAINANT:

Okay.

I'll try to kind of --

MS. BUKANC:

COMPLAINANT:

I mean, I think for the most part the being

scared or being intimidated was because there is

three men here who I haven't met before this night;

who I don't know; who are all significantly bigger

than me; who are trying to get me into a cab to go

with them.

done.

before.

Is that okay?
Yeah, that's fine.

And this is something that I've never

I've never gone home with a guy from a bar

ACCURATE STENOTYPE REPORTERS, INC.

And so that was why I was kind of intimidated.

I wasn't sure how to react or what to do in that

situation.

If that helps.

JUSTICE HARDING:

All right.

Thank you.

Anything further?

I guess with that now it would be appropriate,

and please help me if I am following the Rules

correctly, to call the next witness and that would

be Respondent --

MS. BUKANC:

Well, do we feel like all the

questions needed have been asked?

MR. KERR:

JUSTICE HARDING:

MR. KERR:

BY JUSTICE HARDING:

16
17
18

I have two if I could pass them?

You may.

I hope you can read that.

On the outside wall with the three men did you

send any message to anyone?

Oh, right.

I did.

There is a text that I

sent to Witness Four that said come find me.

believe this is whenever I was outside getting into --

or about to get into the cab or somewhere in that time

period where I texted Witness Four to come find me.

23
24
25

Okay.

And I

And how did you recover your driver's

license?
A

There was a girl who wrote me on Facebook a

ACCURATE STENOTYPE REPORTERS, INC.

few days after and said I found your ID on the ground,

like on the curb outside of Pots.

with her a few days later to get that.

And then I met up

And now so that the record is clear, in order

to -- this is my question, not -- in order to get a cab

ride you have to show a student identification in order

to get a reduced rate; is that correct?

8
9

Yes.

There is certain cab companies who do

like if you show your Florida State ID they will give

you -- it's like a $4.00 cab ride or something like

that.

12
13

I didn't take cabs often.

JUSTICE HARDING:

Okay.

That's fine.

you very much.

Anything else?

All right.

You have questions?

MR. CORNWELL:

JUSTICE HARDING:

your client and advise him?

Thank you.

We might.
Do you want to confer with

MR. CORNWELL:

MS. BUKANC:

MR. CORNWELL:

JUSTICE HARDING:

(A break was taken off the record from

Thank

Yes.

We'll put you back on mute.

This will be quick.
Okay.

2:57 p.m. to 3:07 p.m.)

ACCURATE STENOTYPE REPORTERS, INC.

1
2

BY JUSTICE HARDING:
Q

On page 288 of the materials that were

furnished there is a description of the text, the

following calls and texts, and we can show that to the

witness.

MR. CORNWELL:

JUSTICE HARDING:

8
9

I can give you my copy.

Yeah, let me have yours.

BY JUSTICE HARDING:
Q

The first text is from Complainant to Witness

Four, and that is at, what, 12:50 -- or 1:50.

12:50.

MR. CORNWELL:

JUSTICE HARDING:

14
15

No,

12:50.
12:50.

BY JUSTICE HARDING:
Q

And the content of that is, "Come find me."

And then at 1:45 you have, "Do you have my ID?"

that before --

JUSTICE HARDING:

MR. CORNWELL:

20
21

Was

Is that alleged assault?

After.

The question is after.

BY JUSTICE HARDING:
Q

The question is, the first text was before,

and the second question was after at 1:45 the assault;

is that correct?

I'm not a hundred percent sure on this.

You're not sure.

ACCURATE STENOTYPE REPORTERS, INC.

I'm not -- I'm really not sure.

Okay.

3
4
5

And this text, the question is, was

this text sent after you were allegedly assaulted?

Okay.

Can I ask a question then?

help me.

In what respect?

About this.

It would

It would help me under -- it

would help me answer that question.

All right.

If you look at where it says times 1:40 and

then the recipient number and then the content 001, if

that was whenever I was calling Witness Four then this

was still before the assault has happened.

14
15
16

Okay.

And did you sit next to the door behind

the cab driver?

Yes.

JUSTICE HARDING:

MR. CORNWELL:

JUSTICE HARDING:

20
21
22

Thank you, Your Honor.

Anything further of this

witness?
MR. CORNWELL:

Nothing from Respondent, Your

Honor.

MR. KERR:

JUSTICE HARDING:

Okay.

No, Your Honor.

Very well.

I think it would

be appropriate to call the next witness.

ACCURATE STENOTYPE REPORTERS, INC.

MS. BUKANC:

JUSTICE HARDING:

MS. BUKANC:

4
5
6
7

Okay.
Will you arrange for that?

Well, yes.

Do you want to put it

on mute?
(A break was taken off the record from
3:10 p.m. to 3:22 p.m.)
JUSTICE HARDING:

I'm Major Harding.

case.

Have a seat.

Greetings.

I'm the Hearing Officer in this

What is your name, sir?

WITNESS ONE:

JUSTICE HARDING:

are a student at FSU?

WITNESS ONE:

JUSTICE HARDING:

I'm Witness One.

All right.

Witness One, you

Yes, sir.
All right.

As a student you

understand that you have the right to not answer

any of the questions that are asked of you.

Do you understand that?

WITNESS ONE:

JUSTICE HARDING:

Yes, sir.
I would like to remind you

that providing false information is a violation of

the Student Conduct Code.

23
24
25

And do you agree to tell the truth in these

proceedings?
WITNESS ONE:

Yes, sir.

ACCURATE STENOTYPE REPORTERS, INC.

JUSTICE HARDING:

Okay.

And everything that

is said in this room today and tomorrow and

elsewhat is private, cannot be shared with anyone.

You understand that?

WITNESS ONE:

JUSTICE HARDING:

MS. BUKANC:

Yes, sir.
All right.

One of the things we didn't talk

about in here, but do you need us to introduce

ourselves so you know who you're talking to?

10
11

JUSTICE HARDING:

That's a good idea, but I

was getting ready to do that.

In addition to myself, this is Ms. Egan who is

General Counsel for FSU, Tony Bajoczky who is with

me at the Ausley Law Firm, this is Rachel Bukanc

who is running this operation, and this is Mr. Kerr

who represents Complainant, and you know the rest

of the folks.

everything that is said.

WITNESS ONE:

20
21
22

The court reporter is taking down

Okay.

DIRECT EXAMINATION
BY JUSTICE HARDING:
Q

All right.

We are here relating information

regarding an alleged sexual assault on December the 6th

or 7th of 2012.

roommate or are a roommate of Respondent; is that

And I understand you have been a

ACCURATE STENOTYPE REPORTERS, INC.

correct?

Yes, sir.

And do you have any recollection of the events

4
5
6
7

that took place on that evening?

I exercise my right not to answer the

question.
Q

Okay.

And does that exercise of right go to

any question that might be asked of you in this

proceeding?

Yes, sir.

JUSTICE HARDING:

Anything that I need to do more?

MS. BUKANC:

Okay.

Very fine.

Do we need to actually say the

kind of questions we want to ask?

(A brief discussion was held off the record.)

MS. BUKANC:

We still need to give the

opportunity for each, the Respondent and

Complainant, to ask questions.

JUSTICE HARDING:

Very well.

If you will confer with your client and if you

have any questions I will be glad to have them

write --

23
24
25

MS. BUKANC:

They can actually ask these

questions directly.
JUSTICE HARDING:

Hum?

ACCURATE STENOTYPE REPORTERS, INC.

1
2

MS. BUKANC:
directly.

They can ask these questions

They don't have to pass them to you.

JUSTICE HARDING:

would have the right?

MS. BUKANC:

JUSTICE HARDING:

MS. BUKANC:

But the Respondent

Yes.
And Complainant?

Yes.

They don't have to be

written.

JUSTICE HARDING:

10
11

Okay.

MR. CORNWELL:

Okay.

We intend to rely on prior

statements so we have no questions.

MR. KERR:

We have questions, but I take it

from Witness One's answer earlier he will not

respond to.

like just to submit the questions so that there is

a record of what was not responded to.

And I guess for the record we would

JUSTICE HARDING:

MS. BUKANC:

MR. CORNWELL:

MS. BUKANC:

21
22

All right.

Very well.

Thank you.
Could we have a copy?

You don't have an extra copy, do

you?
MS. EGAN:

I don't know if it's what he is not

responding to, it's what you intend to ask just so

the record is clear.

questions.

He hasn't not answered those

He said he is not answering any.

ACCURATE STENOTYPE REPORTERS, INC.

JUSTICE HARDING:

just the questions.

MS. EGAN:

JUSTICE HARDING:

That's right.

These are

That's different.
And so we can ask these

questions -- I guess she could ask these questions,

but I'll ask him.

MR. CORNWELL:

We don't have an objection to

them being submitted for the purpose of the record

if he intends not to answer.

MS. EGAN:

MR. CORNWELL:

12
13

Yeah.
I just want to make sure we get

a copy.
MS. EGAN:

I didn't have an issue with the

submission of them, just how they were being

categorized.

He didn't specifically refuse --

JUSTICE HARDING:

In that event then for the

purpose of the Rules make sure they are received

into evidence and marked by the court reporter,

then there is no need to ask this witness these

questions.

21
22
23
24
25

Very well.

These will be received then as

Exhibit 4.
(Complainant's Exhibit 4 was marked for
identification.)
MR. KERR:

This is not exactly the same, but

ACCURATE STENOTYPE REPORTERS, INC.

close.

MS. EGAN:

We can make copies.

JUSTICE HARDING:

Yeah, we can make the copy

and provide that to you.

MR. CORNWELL:

JUSTICE HARDING:

That being the case, this witness may be

MS. JACKSON:

We'll bring down the next

witness.

11
12

(A break was taken off the record from

3:26 p.m. to 3:30 p.m.)

JUSTICE HARDING:

WITNESS TWO:

JUSTICE HARDING:

Number 4.

excused.

9
10

Number 4?

You are Witness Two?

Yes, sir.
And are you a student at

FSU?

WITNESS TWO:

Yes, sir.

JUSTICE HARDING:

Okay.

My name is Major

Harding, and I'm the Hearing Officer in this case.

This is Ms. Egan who is General Counsel to FSU,

Mr. Bajoczky who is a lawyer in my firm, Ms. Bukanc

who is -- I understand you may have met her in the

past.

WITNESS TWO:

Yes.

JUSTICE HARDING:

You understand she knows all

ACCURATE STENOTYPE REPORTERS, INC.

the Rules with regard to running this operation.

And have you met Mr. Kerr, the Counsel for

Complainant at the far end?

WITNESS TWO:

No.

JUSTICE HARDING:

All right.

How are you doing?

And you know Respondent.

As a student you have the right to

answer or not answer any of the questions that are

propounded to you during the course of this

proceeding.

And also this is a private, confidential

proceeding, and you are not permitted to share what

goes on in this proceeding with anyone other than

those of us who are around this table.

Do you understand that?

WITNESS TWO:

JUSTICE HARDING:

Yes, sir.
And I would like to remind

you that providing false information is a violation

of the Student Conduct Code.

19
20

And do you agree to tell the truth in this

proceeding?

WITNESS TWO:

22
23
24
25

Yes, sir.

DIRECT EXAMINATION
BY JUSTICE HARDING:
Q

Okay.

Now, you understand the proceeding and

what it is about.

It is in regard to a sexual event on

ACCURATE STENOTYPE REPORTERS, INC.

the night of December the 6th and 7th of 2012.

And I understand you were with Respondent on

that evening and have been a witness previously in that

regard.

5
6

And I would like for you to begin by telling

me what happened that you are aware of on that evening?

I choose not to answer anything.

Okay.

9
10

You do that.

And is that to any

question that is asked of you by Respondent or

Complainant in regard to this matter?

Yes.

I choose not to answer.

You choose not to answer any questions?

Yes, sir.

JUSTICE HARDING:

list of questions that --

MR. KERR:

All right.

Do you have a

I do, Your Honor, as before.

would like to submit the questions that have gone

unanswered that we would have asked.

19
20
21
22
23
24
25

JUSTICE HARDING:

We will submit those in as

Exhibit 5.
(Complainant's Exhibit 5 was marked for
identification.)
JUSTICE HARDING:

And with that is there

anything?
MR. CORNWELL:

Just I suppose we should say

ACCURATE STENOTYPE REPORTERS, INC.

something about questions on the record.

MS. BUKANC:

Yeah.

MR. CORNWELL:

We choose to rely on prior

statements and transcripts, therefore, we have no

questions for this witness.

JUSTICE HARDING:

Thank you.

WITNESS TWO:

MS. EGAN:

Very well.

Thank you.

You may be excused.

Okay.

Thank you all.

Thank you.

MS. JACKSON:

If we could take just a couple

of minutes.

We are trying to get our next witness

here a little early.

MR. CORNWELL:

Who is that?

MS. JACKSON:

Witness Three.

(A break was taken off the record from

3:32 p.m. to 4:23 p.m.)

17
18

JUSTICE HARDING:
this correct?

WITNESS THREE:

JUSTICE HARDING:

You are Witness Three; is

Yes.
Okay.

You are a student at

FSU?

WITNESS THREE:

Yes.

JUSTICE HARDING:

And as a student you

understand you may choose not to answer any of the

questions that are posed to you by me or in this

ACCURATE STENOTYPE REPORTERS, INC.

proceeding.

Do you understand that?

WITNESS THREE:

JUSTICE HARDING:

Yes.
And you understand that this

is a private, confidential proceeding, and nothing

that happens here in your presence should be

disclosed to anyone in regard to this matter.

Do you understand that?

THE WITNESS:

Yes, I understand that.

JUSTICE HARDING:

And, lastly, I would like to

remind you that providing false information is a

violation of the Student Conduct Code.

So in light of that do you agree to tell the

truth in this proceeding?

WITNESS THREE:

16
17
18

Yes, I do.

DIRECT EXAMINATION
BY JUSTICE HARDING:
Q

Okay.

And you understand what this proceeding

is about, it's a claim that Respondent had sex with

non-consent to Complainant?

Yes.

And this matter allegedly occurred on the

night of December the 6th or early morning the 7th in

2012.

that there was contact made and you went to see her; is

And I understand you were contacted by her or

ACCURATE STENOTYPE REPORTERS, INC.

that correct?

Yes.

And what time was that?

Probably like 3:00 a.m. or so.

On the 7th?

Yes.

Okay.

And what drew you to her -- to her

apartment or to her quarters?

She had posted on Twitter saying basically --

I don't know, just freaking out saying like someone

help, someone call me.

was four or five tweets in a row.

Like just freaking out.

And it

So I texted her and asked if everything was

all right.

hysterically crying and said that she was just raped.

And she called me right away and was like

And so I hopped out of bed because it was like

3:00 in the morning so I was just kind of laying in bed

like scrolling through my phone.

bed, grabbed my keys and ran out the door.

And so I hopped out of

And then I just stayed on the phone with her

like the whole time I was driving over just telling her

like where I was as I passed streets like how close I

was.

And then I arrived to her.

And where did you live at the time?

I lived on Tennessee and Dixie, Campus Park

ACCURATE STENOTYPE REPORTERS, INC.

Apartments.

And how far is that from where she lived?

Like ten or so minutes.

In the car?

Yeah.

Okay.

7
8
9

And so what happened when you got to

her quarters?
A

I went upstairs to her room and she was like

just sitting on the bed crying.

And I was trying to

like ask her what happened, but she was like really

hysterical and was kind of like trying to piece it all

together.

And immediately I was like --

And so what did you do then?

I just kind of like -- I sat next to her and I

was saying that she should call the police.

But she was

scared because she had been under-age drinking so...

I'm sorry, she was scared because of what?

She had been under-age drinking so she was

nervous about getting in trouble for that.

And so finally I don't know if she called her

parents or her parents called her, and her parents also

said like it's fine, like we're not mad at you, call the

police.

one who called the police.

And so like she gave me the okay and I was the

Do you know what time that was?

ACCURATE STENOTYPE REPORTERS, INC.

1
2
3
4

I mean, it was probably like maybe 20, 30

minutes after I arrived.

Okay.

Maybe 20.

What was -- and describe for us her

condition when you saw -- when you got there.

Like I said, she was like just kind of sitting

on the bed.

tell she was freaked out like something had just

happened.

whole thing.

She was like really shaky.

And she seemed very like confused by the

She was hurting.

head hurt.

was just in pain.

I don't know.

She kept saying like her

And then -- I don't know, she

Did she ever pass out?

Not that I saw, no.

Okay.

Like I could

And what happened then?

You called the

police?

Uh-huh.

And what did -- what happened then?

I called and like talked to them for a while,

and then a police officer showed up.

police, not the --

I called the FSU

I'm sorry, what?

I called the FSU campus police, not like 911.

Okay.

So she showed up pretty quickly.

And --

MR. CORNWELL:

I'm sorry.

She said not 911?

ACCURATE STENOTYPE REPORTERS, INC.

I dialed the campus police, not 911.

FSU police number.

BY JUSTICE HARDING:

4
5

Okay.

And so do you remember who came?

It was a woman.

Okay.

Complainant after that?

I was there the whole time.

hospital with her.

in the morning.

I don't know her name.

And how long did you stay with

you remember the officer who came?

Like the

Okay.

I went to the

I was there until probably like 8:00

And I may have asked this, but did she

ever black out or pass out?

Not that I saw.

Not that you saw.

JUSTICE HARDING:

Okay.

Does Respondent have

any questions he would like for me to ask of this

witness?

MR. CORNWELL:

20
21
22
23

I think we do.

CROSS EXAMINATION
BY JUSTICE HARDING:
Q

Did she give a description of the person who

assaulted her?

Yes.

And how did she describe him?

ACCURATE STENOTYPE REPORTERS, INC.

She said he was black, kind of tall, I think.

That -- I'm pretty sure she said like muscular, like

big.

I can't fully remember every detail.

Did she tell you where she was that evening?

She said she was at an apartment -- oh, where

she was beforehand?

Yes.

She was at Potbelly's.

And she told you that?

Yes.

And did she tell you how she got out of

12
13

Potbelly's and to an apartment?

I don't think she really remembered at the

time.

fully remember.

She said she thought it was a cab, but she didn't

Okay.

JUSTICE HARDING:

MR. KERR:

JUSTICE HARDING:

COMPLAINANT:

Very well.

Complainant, you

may ask the witness any question you wish.

I believe Complainant actually has

some that she can ask herself over the telephone.

20
21

Do you have any questions?

Okay.

Thank you.

CROSS EXAMINATION
BY COMPLAINANT:
Q

Hi, Witness Three.

ACCURATE STENOTYPE REPORTERS, INC.

Hi.

What was your first reaction whenever you

3
4

heard me on the phone that night?

I was scared.

I just kind of jumped out of

bed immediately and grabbed my keys.

pajamas.

scared.

I was still in my

Like I just didn't even have a thought.

Okay.

I thought something was wrong with you.

I was

What do you mean by you were scared?

I was

scared for your safety and for you more so than me.

it was just kind of an instinct.

without really a thought.

13
14
15

Okay.

I just jumped and went

I was just scared for you.

Why did you encourage me to call the

police?
A

Because you had told me that you were raped.

So I just have always learned to call the police no

matter what.

you for drinking which I know was your concern.

19
20
21

And I knew that the police won't be mad at

Okay.

And can you go over kind of what my

demeanor was whenever you arrived at Kellum?

Yeah.

You were just very like shaken up.

You

were like just kind of like kept to yourself almost.

You were sitting on your bed.

weren't yourself because you're usually very like bubbly

and like jumpy and huggy and stuff, and that wasn't how

Like I could tell you

ACCURATE STENOTYPE REPORTERS, INC.

you were.

really knowing like what to say or what even really just

occurred.

You were just to yourself and scared and not

Okay.

So prior to that night and early

morning December 7th, 2012 had you ever seen me so

distressed as that?

No, never.

I feel like the most stressed I

may have seen you is studying for like a chem exam which

is completely different than what you were that night.

10
11
12

Okay.

So that was in no way normal for me to

act that way?

No, not at all.

Like I said, you're usually

the happiest, bubbliest person ever.

knew I was so like -- you were so scared and possibly

like badly hurt.

phone.

Okay.

And that's how I

I didn't know at the time over the

How would you describe my range of

emotion from the time that we first talked on the phone

until the time we left the hospital?

When I first arrived you were like -- well,

when we were first on the phone you were hysterical.

Like I feel like I could hardly like get any words out

of you that's why the whole time on the phone you were

just crying and I was trying to tell you where I was

like street by street.

ACCURATE STENOTYPE REPORTERS, INC.

And when I like got there I think we like

talked for a few minutes and you were still like very

scared, like shaken up.

parents and you were like crying with them.

like they may have calmed you down a little bit.

And then you had called your

But I feel

And then by the time the police got there you

were able to actually speak which was an improvement

from the phone call because on the phone call you were

like literally just straight hysterics.

And then I had -- when we were in the hospital

room you like -- you seemed like you had kind of like

come to grips with like what had happened.

able to like calm yourself down a bit.

left during your examination, I had sat in another room.

So then when I came back to say bye you still,

You were

And then I had

obviously, like seemed a little like different but less

hysterical or scared.

18
19
20

Do you recall me describing being in pain

other than being raped?

Yeah, because I remember like asking you like

if you hurt, and you said, yeah.

had hurt and you didn't know why that was.

when you were talking to the police, not necessarily to

me, you had said that you had like genital pain.

Okay.

And I know your head

And then

Did I ever say directly that I had been

ACCURATE STENOTYPE REPORTERS, INC.

hit in the head -- hit on the head, or was I just more

generally complaining of head pain?

3
4
5

No, you were just saying that your head hurt,

you didn't know why it hurt.

And did I ever say anything to you that I

indicated -- that indicated that I had consented to any

of the sexual acts committed by Respondent?

No, definitely not.

Did you observe anything about me that gave

you any reason to doubt my statement to you that I had

been raped?

No.

As we spoke on that night did I have any idea

14
15

about the identity of the man that did this to me?

No, you didn't know at all.

You were

gathering pieces, you were just trying to find anything

you could remember about him.

And have we spoken since that night?

About this?

20
21

Not -- no, not really.

spoken like friendly like, hey, what's up.

Okay.

We've

But not --

So you placed the call to the police --

to the Florida State Police at 3:22 a.m.

while you were on the phone is that her I hear in the

background.

They asked you

What could be heard by the person on the other

ACCURATE STENOTYPE REPORTERS, INC.

1
2
3
4

end of the phone?

I think they heard you on the phone with your

parents.
Q

Okay.

Pertaining to that, like what would it

have been that they would have heard, talking or crying

or like what exactly?

I mean, probably a mixture of both.

Okay.

9
10
11

And then also on that recording of that

call you say -- you say she is very shaken up.

What

does that mean, or what do you mean by shaken up?

Just your body language and the fact that you

were having trouble recalling step-by-step what had

happened.

tell me.

you'd be like, oh, wait, before that this happened,

wait, and then this happened.

You like couldn't

remember in a straight story.

It was very scattered.

18
19

It was very scattered when you were trying to

Like you would remember one piece and then

COMPLAINANT:
have.

Okay.

Thank you so much.

WITNESS THREE:

JUSTICE HARDING:

I think that's all we

Of course.
Thank you.

Respondent, do

you have questions?

MR. CORNWELL:

We do.

JUSTICE HARDING:

MS. EGAN:

He can ask them.

I wonder if it would be helpful to

ACCURATE STENOTYPE REPORTERS, INC.

listen to the 911 call and have her talk us through

it.

3
4
5

JUSTICE HARDING:

I would certainly have no

problem with listening to it.

MS. EGAN:

If we have it.

Yeah, I don't have -- I don't have

an authenticated copy.

internet which, you know, I guess she could tell us

if it was complete or not.

I just thought I would suggest it.

JUSTICE HARDING:

MR. BAJOCZKY:

MR. KERR:

MR. BAJOCZKY:

Well, and we actually have the

recording if that's what you're looking for.

MS. EGAN:

19
20
21

to her to maybe walk it through.

MR. BAJOCZKY:

That's the recording of the

interview.
MS. EGAN:

If it's not, you're not going to

hurt my feelings.
JUSTICE HARDING:

MR. BAJOCZKY:

Is this --

I just thought it might be helpful

We've got the transcript.

Tab 2 I think is the transcript.

JUSTICE HARDING:

It may not be helpful.

We have it.

I only have what's on the

Oh, there it is.

Here.

That's the audio recording of

the TPD call.

JUSTICE HARDING:

Okay.

But before we do that

ACCURATE STENOTYPE REPORTERS, INC.

then --

2
3

MR. BAJOCZKY:
with?

4
5

MS. EGAN:

JUSTICE HARDING:

Respondent, do you have

questions?

RESPONDENT:

9
10

I don't think we have anything to

play it on since I don't have a laptop.

6
7

Do you have anything to play it

Yes, Your Honor.

CROSS EXAMINATION
BY RESPONDENT:

Were you close friends?

With Complainant?

Yeah.

Yes.

Did she explain to you why she tweeted out an

16
17

outcry instead of calling or texting you?

I mean, in that situation you probably don't

know who to call, your brain is very scattered.

think she was just kind of crying out for help from

anybody, and I just happened to be awake at that hour

and able to respond to her.

But you were close friends, right?

What?

You guys were close friends?

Yes.
ACCURATE STENOTYPE REPORTERS, INC.

So I

Okay.

I would say maybe a little before 3:00.

3
4
5
6

What time was that tweet?

not positive.
Q

Did you know about her boyfriend, Jamal, on

December 6th of 2012?

Yes.

RESPONDENT:

JUSTICE HARDING:

MR. CORNWELL:

Okay.

JUSTICE HARDING:

MS. BUKANC:

JUSTICE HARDING:

COMPLAINANT:

JUSTICE HARDING:
You may be excused.

WITNESS THREE:

JUSTICE HARDING:

23
24
25

Complainant, do you have

No, Your Honor.

Anything else?

has anything.

anything further?

Very fine.

You can ask Complainant if she

Is that all?

Yes.

I'm

Okay.

Thank you very much.

Appreciate your being here.

Thank you.
Now, Robyn, I just have the

next witness has been scheduled for in the morning.

MS. JACKSON:

Yes, sir.

Those are all of our

witnesses for today.

JUSTICE HARDING:
the morning.

We will reconvene at 9:00 in

Is that agreeable?

MS. EGAN:

Yes, sir.

ACCURATE STENOTYPE REPORTERS, INC.

1
2

MS. BUKANC:

I don't know if we want to just

talk briefly --

JUSTICE HARDING:

We're off the record.

(The proceedings were concluded at 4:46 p.m.)

5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.

1
2

HEARING CERTIFICATE
STATE OF FLORIDA

3
4

)
)SS:

COUNTY OF LEON

5
6

I, KIMBERLY S. BARTHOLOMEW, Professional Court

Reporter and Notary Public, hereby certify that I was

authorized and did stenographically report the foregoing

proceedings and that this transcript is a true record of

the proceedings before the Panel and Justice Harding.

I further certify that I am not a relative,

employee, attorney or counsel for any of the parties nor

am I a relative or employee of any of the parties;

attorney of counsel connected with the action, nor am I

financially interested in the action.

Dated this 4th day of December, 2014.

17
18
19
20

My commission

expires: 2/23/18

_______________________________
KIMBERLY S. BARTHOLOMEW,
Professional Court Reporter
Notary Public, State of Florida
Notary #FF080212

22
23
24
25
ACCURATE STENOTYPE REPORTERS, INC.

AWR vs. ZTE Complaint For Injunctive Relief & Damages
No ratings yet
AWR vs. ZTE Complaint For Injunctive Relief & Damages
60 pages
05-06-15 Transcript Defense Witness Testimony
100% (3)
05-06-15 Transcript Defense Witness Testimony
190 pages
MER-L-1729-11 Motion To Stay
No ratings yet
MER-L-1729-11 Motion To Stay
37 pages
Joint Motion To Stay Proceedings
No ratings yet
Joint Motion To Stay Proceedings
7 pages
US V Sussmann
50% (4)
US V Sussmann
56 pages
Motion For Deposition of Daniel Warner of Kelly Warner Law of Scottsdale Arizona Concerning "Fake" Employee Barri Grossman
No ratings yet
Motion For Deposition of Daniel Warner of Kelly Warner Law of Scottsdale Arizona Concerning "Fake" Employee Barri Grossman
13 pages
Petition for Injunction Against UPL
No ratings yet
Petition for Injunction Against UPL
9 pages
Arcturus Complaint
No ratings yet
Arcturus Complaint
52 pages
Memo in Opposition To Defendants' Motion To Amend Answer
No ratings yet
Memo in Opposition To Defendants' Motion To Amend Answer
11 pages
Discrimination Complaint Against FMPD
No ratings yet
Discrimination Complaint Against FMPD
23 pages
Negligence Lawsuit Against Daycare
No ratings yet
Negligence Lawsuit Against Daycare
6 pages
Cargill Philippines Labor Case Reply
No ratings yet
Cargill Philippines Labor Case Reply
27 pages
Impeachment Deposition Dispute
No ratings yet
Impeachment Deposition Dispute
9 pages
Object To New Hearing
No ratings yet
Object To New Hearing
5 pages
Notice of Appeal
No ratings yet
Notice of Appeal
20 pages
Albert's Response in Opposition To Motion To Bifurcate
No ratings yet
Albert's Response in Opposition To Motion To Bifurcate
18 pages
D.E. 440-6, Transcript FAB Hearing Motion Complaince With Court Order Dec. 28, 2018, February 20, 2019 (R)
100% (1)
D.E. 440-6, Transcript FAB Hearing Motion Complaince With Court Order Dec. 28, 2018, February 20, 2019 (R)
14 pages
Vandussen V Jackson CC Judge Wilson - Motion For Leave To File Supplemental Pleadings Pursuant To MCR 2.118 (E) - 10-05-22
No ratings yet
Vandussen V Jackson CC Judge Wilson - Motion For Leave To File Supplemental Pleadings Pursuant To MCR 2.118 (E) - 10-05-22
17 pages
GRAMA Appeal Decision: Allen v. Utah County
No ratings yet
GRAMA Appeal Decision: Allen v. Utah County
7 pages
Monsanto Appeal: Judicial Notice Motion
100% (2)
Monsanto Appeal: Judicial Notice Motion
44 pages
Legal Motion on Rebuttal Limits
No ratings yet
Legal Motion on Rebuttal Limits
9 pages
Plaintiffs' Opposition To Motion To Quash Hume Subpoena
No ratings yet
Plaintiffs' Opposition To Motion To Quash Hume Subpoena
13 pages
Legal Memoranda
No ratings yet
Legal Memoranda
6 pages
Transcript of Proceedings 1
No ratings yet
Transcript of Proceedings 1
191 pages
USA V Sussman - Motion To Acquit May 27th
No ratings yet
USA V Sussman - Motion To Acquit May 27th
16 pages
Affidavit of Loss - Baliga
No ratings yet
Affidavit of Loss - Baliga
1 page
MOTION FOR VIDEOCONFERENCING - Civil Case No. SF-334
No ratings yet
MOTION FOR VIDEOCONFERENCING - Civil Case No. SF-334
3 pages
Summary Judgment Motion in Howell Case
No ratings yet
Summary Judgment Motion in Howell Case
40 pages
Appeal for Frustrated Parricide Case
No ratings yet
Appeal for Frustrated Parricide Case
27 pages
Order On Subpoenas
No ratings yet
Order On Subpoenas
2 pages
Defendants' Motion For Sanctions and Brief in Support
No ratings yet
Defendants' Motion For Sanctions and Brief in Support
54 pages
Order On Motion For Discovery Sanctions
100% (1)
Order On Motion For Discovery Sanctions
4 pages
TAITZ V FUDDY (HI CIR. CT.) - Orly's Reply To Opposition To Amended Motion
No ratings yet
TAITZ V FUDDY (HI CIR. CT.) - Orly's Reply To Opposition To Amended Motion
17 pages
Legal Counsel Withdrawal Motion
No ratings yet
Legal Counsel Withdrawal Motion
2 pages
Emergency Motion For Entry of Rule To Show Cause 8-25-15
No ratings yet
Emergency Motion For Entry of Rule To Show Cause 8-25-15
6 pages
Conditional Motion For Reconsideration of Order Granting New Damages Trial
No ratings yet
Conditional Motion For Reconsideration of Order Granting New Damages Trial
6 pages
Response To Motion To Quash (August 29, 2014)
No ratings yet
Response To Motion To Quash (August 29, 2014)
229 pages
State Resp To Motion To Recuse
No ratings yet
State Resp To Motion To Recuse
13 pages
5-8-08 Molfetti Petition To Confirm Arb. Award - MM
No ratings yet
5-8-08 Molfetti Petition To Confirm Arb. Award - MM
5 pages
Legal Privilege in Defamation Cases
No ratings yet
Legal Privilege in Defamation Cases
18 pages
NYC Housing Authority Lead Investigation
No ratings yet
NYC Housing Authority Lead Investigation
14 pages
Halbig - Motion To Expedite Appeal
No ratings yet
Halbig - Motion To Expedite Appeal
27 pages
United States District Court Southern District of Florida: Plaintiff
No ratings yet
United States District Court Southern District of Florida: Plaintiff
8 pages
Plaintiff's Objections To and Motion To Strike Evidence Offered in Support of Defendant Funimations' Motion To Dismiss
No ratings yet
Plaintiff's Objections To and Motion To Strike Evidence Offered in Support of Defendant Funimations' Motion To Dismiss
15 pages
Defendant's Reply to Motion to Compel
No ratings yet
Defendant's Reply to Motion to Compel
3 pages
Bass Clarification
No ratings yet
Bass Clarification
10 pages
Beverly Hills Bar Assn Amicus Brief Malin v. Singer
No ratings yet
Beverly Hills Bar Assn Amicus Brief Malin v. Singer
35 pages
Legal Appeal Against CTA Rules
No ratings yet
Legal Appeal Against CTA Rules
5 pages
Pleading 036 06-08-2018 - Plaintiff - S Memorandum in Opposition To The M...
No ratings yet
Pleading 036 06-08-2018 - Plaintiff - S Memorandum in Opposition To The M...
101 pages
Transcript of Plea Bargain Hearing of Maria Butina Dated Dec. 13th, 2018
No ratings yet
Transcript of Plea Bargain Hearing of Maria Butina Dated Dec. 13th, 2018
56 pages
Defense Expert Witness Notice
No ratings yet
Defense Expert Witness Notice
3 pages
Anthony Wright v. City of Philadelphia
No ratings yet
Anthony Wright v. City of Philadelphia
38 pages
Letter Decision Resolving Defendants' Motion For Leave To Amend and Extend Case Schedule
No ratings yet
Letter Decision Resolving Defendants' Motion For Leave To Amend and Extend Case Schedule
5 pages
Motion To Withdraw-Mason-Charolotte Co
No ratings yet
Motion To Withdraw-Mason-Charolotte Co
2 pages
First - Amended - Complaint - Landrith - and - Liapri - v. - Roberts
No ratings yet
First - Amended - Complaint - Landrith - and - Liapri - v. - Roberts
54 pages
SC Suggested Words To Use For Law Students
No ratings yet
SC Suggested Words To Use For Law Students
2 pages
Transcript Day 2
No ratings yet
Transcript Day 2
124 pages
McGowan Testimony 09 30 24
No ratings yet
McGowan Testimony 09 30 24
109 pages
People Vs Trump 3 (4-25-2024)
No ratings yet
People Vs Trump 3 (4-25-2024)
233 pages
Pages From 5.23.2024 - USA V Lynch Trial Transcript V40 (PP 9687-9927) - 2
No ratings yet
Pages From 5.23.2024 - USA V Lynch Trial Transcript V40 (PP 9687-9927) - 2
5 pages
11FlaCoastalLRev459 (2010)
No ratings yet
11FlaCoastalLRev459 (2010)
180 pages
Beckman v. Chicago Bears: First Amendment Case
No ratings yet
Beckman v. Chicago Bears: First Amendment Case
43 pages
Union Decision
No ratings yet
Union Decision
24 pages
NCAA Lawsuit
No ratings yet
NCAA Lawsuit
45 pages
Ellenbogen 2012 NIH Email
No ratings yet
Ellenbogen 2012 NIH Email
6 pages
Apology and Resolution by James Feigen
No ratings yet
Apology and Resolution by James Feigen
3 pages
Jonathan Lee Riches Lawsuit Details
No ratings yet
Jonathan Lee Riches Lawsuit Details
6 pages
USC Suit
No ratings yet
USC Suit
45 pages
WADA Sochi Investigation Report
No ratings yet
WADA Sochi Investigation Report
103 pages
US Youth Soccer Clubs vs. MLS Union
100% (1)
US Youth Soccer Clubs vs. MLS Union
94 pages
Findings of Fact From Baylor Title IX Investigation
No ratings yet
Findings of Fact From Baylor Title IX Investigation
13 pages
Sharapova Decision
No ratings yet
Sharapova Decision
33 pages
U.S. Court of Appeals' Tom Brady Suspension Ruling
No ratings yet
U.S. Court of Appeals' Tom Brady Suspension Ruling
42 pages
Faneca Objectors Letter Filed by Molo Lamken
No ratings yet
Faneca Objectors Letter Filed by Molo Lamken
3 pages
Re: in Re Nat'l Football League Players Concussion Injury Litig., Nos. 15-2304 Et Al
No ratings yet
Re: in Re Nat'l Football League Players Concussion Injury Litig., Nos. 15-2304 Et Al
3 pages
CA Medical Board Complaint Against David Chao
No ratings yet
CA Medical Board Complaint Against David Chao
12 pages
Lawsuit UT
No ratings yet
Lawsuit UT
64 pages
NY Supreme Court FanDuel/DraftKings
No ratings yet
NY Supreme Court FanDuel/DraftKings
12 pages
NFL Letter
No ratings yet
NFL Letter
6 pages
Wada Independent Commission Report 1 en
No ratings yet
Wada Independent Commission Report 1 en
335 pages
2016 000323 PartialNoRecords 2015 2021
No ratings yet
2016 000323 PartialNoRecords 2015 2021
138 pages
Rape Conviction Upheld in G.R. No. 223113
No ratings yet
Rape Conviction Upheld in G.R. No. 223113
1 page
Crimlaw Digests Leonen
100% (2)
Crimlaw Digests Leonen
98 pages
Medical Consent in Clinical Practice
No ratings yet
Medical Consent in Clinical Practice
8 pages
Study Guide
No ratings yet
Study Guide
58 pages
Category - Rape in India - Wikipedia
No ratings yet
Category - Rape in India - Wikipedia
1 page
Escola Gilbert Gilbert Cap I Masculinities Go To School
No ratings yet
Escola Gilbert Gilbert Cap I Masculinities Go To School
54 pages
Tarun Tejpal Sexual Harassment Case
No ratings yet
Tarun Tejpal Sexual Harassment Case
12 pages
Engineering Ethics: Lessons from Challenger
No ratings yet
Engineering Ethics: Lessons from Challenger
22 pages
Sexual Violence
No ratings yet
Sexual Violence
15 pages
Saidiya Hartman Seduction and The Ruses of Power 1
No ratings yet
Saidiya Hartman Seduction and The Ruses of Power 1
24 pages
Moot Problem No
No ratings yet
Moot Problem No
2 pages
Legal Ruling on Rape and Indemnity
No ratings yet
Legal Ruling on Rape and Indemnity
2 pages
People Vs Balgos G. R. No. 126115
No ratings yet
People Vs Balgos G. R. No. 126115
15 pages
Anurag Soni v. State of Chhattisgarh IPC
No ratings yet
Anurag Soni v. State of Chhattisgarh IPC
2 pages
Criminal Procedure: RULE 110 Prosecution of Offenses
No ratings yet
Criminal Procedure: RULE 110 Prosecution of Offenses
14 pages
Media's Role in Delhi Gang Rape
No ratings yet
Media's Role in Delhi Gang Rape
33 pages
Hindu Divorce Law Explained
No ratings yet
Hindu Divorce Law Explained
22 pages
People v. Villalobos G.R. No. 228960 June 11, 2018
No ratings yet
People v. Villalobos G.R. No. 228960 June 11, 2018
2 pages
Rape Cases Reasons and Solution
No ratings yet
Rape Cases Reasons and Solution
2 pages
Men of Blood
No ratings yet
Men of Blood
314 pages
The Last Pure Human - Twisted Hilarity
0% (1)
The Last Pure Human - Twisted Hilarity
582 pages
Teacher Arrested Rape of Pupil
No ratings yet
Teacher Arrested Rape of Pupil
2 pages
Debate On Banning Porn in India, Do We Should Ban Porn in India, Simply Decoded
No ratings yet
Debate On Banning Porn in India, Do We Should Ban Porn in India, Simply Decoded
9 pages
Kerala High Court Rape Case Judgment
No ratings yet
Kerala High Court Rape Case Judgment
60 pages
Interruption of Prescription in Criminal Cases
No ratings yet
Interruption of Prescription in Criminal Cases
96 pages
Patriarchy Vs Britney
No ratings yet
Patriarchy Vs Britney
5 pages
Boy Scouts of America's Internal "Perversion" Files: Alleged Child Molesters in Scouting
No ratings yet
Boy Scouts of America's Internal "Perversion" Files: Alleged Child Molesters in Scouting
138 pages
Women's Rights in Pakistan
No ratings yet
Women's Rights in Pakistan
18 pages
Teens and Abortion Debate
No ratings yet
Teens and Abortion Debate
2 pages
Sexual Offences Against Children Act Analysis
No ratings yet
Sexual Offences Against Children Act Analysis
17 pages