Driscoll Vs Busch Jan 12 2015

FAMILY COURT OF THE STATE OF DELAWARE
COUNTY OF KENT COURTROOM #5
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IN THE MATTER OF:
PATRICIA P. DRISCOLL,
Petitioner,
File No.:
CK14-02747
Petition No.:
14-30621
Vs.
KURT T. BUSCH,
Respondent.
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Transcript of Proceedings
January 12, 2015
FAMILY COURT OF THE STATE OF DELAWARE

COUNTY OF KENT
400 Court Street
Dover, DE 19901
HONORABLE DAVID W. JONES,

Commissioner
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INDEX
WI T N E S S E S
PETITIONER: RE RE v.
WITNESS DIRECT CROSS DIRECT CROSS D. J
RESPONDENT:: RE RE v.
WITNESS DIRECT CROSS DIRECT CROSS D. J
N. Terry 5 51 58 33
52 54 61 42
48
C. Van Metre-
Burrett 69
C. Cloutier 86 131 154 161

158
K. Busch 166
E X H I B I T S
PETITIONER:
IDENTIFICATION DESCRIPTION I. D. IN EV.
11 Email 135 136
12 Email **Withdrawn** 130
RESPONDENT:
12 Excerpt From Transcript, 33

Pages 182 and 183
13 Hertz Paperwork 105 106
14 Expenditures 115 125
15 Diagram of Motor Home 212 216
16 Letter 246 248
17 Letter 246 248
Ubiqus/Nation-Wide Reporting & Convention Coverage

22 Cortlandt Street- Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
INDEX
18 Letter 267 268
E X H I B I T S
RESPONDENT:
19 287 292

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PROCEEDINGS 4
1 MS. PAT MULLINS: ... Kent County is now in
2 session. The Honorable David Jones presiding in the
3 Matter of ...
4 THE COURT: Driscoll versus Busch.
5 MS. MULLINS: Thank you. [Laughter] . Please
6 be seated.
7 THE COURT: All right.
8 MALE VOICE: Good morning, Your Honor.
9 THE COURT: Good morning, everyone. We're back
10 on the record, I assume, since I can't see that. We're
11 back on the record in the matter of the PFA petition
12 filed by Ms. Driscoll against Mr. Busch. We left off
13 with Mr. Daunch's [phonetic] testimony. I believe we
14 completed that. Mr. Hardin?
15 MR. RUSTY HARDIN, ESQ.: Yes, Your Honor, we're
16 ready to proceed, if the Court is.
17 THE COURT: All right. Certainly.
18 MR. HARDIN: And we'll call Mr. Nick Terry.
19 THE COURT: All right. Mr. Nick Terry.
20 MS. MULLINS: Nick Terry.
21 [Background Noise]
22 MS. MULLINS: Take the stand right here, and
23 you can take your jacket off. Left hand on the Bible and
24 raise your right. State your full name.

22 Cortlandt Street - Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
PROCEEDINGS 5
1 MR. NICHOLAS EDWARD TERRY: Nicholas Edward
2 Terry.
3 MS. MULLINS: Do you swear to tell the truth,
4 the whole truth, and nothing but the truth, so help you,
5 God?
6 MR. TERRY: I do.
7 MS. MULLINS: Spell your last name for the
8 record.
9 MR. TERRY: T-E-R-R-Y.
10 THE COURT: All right. Good morning, Mr.
11 Terry. Mr. Hardin, you may proceed.
12 N I C H 0 L A S E D WA R D T E R R Y, having
13 been first duly sworn, testif;ed as follows:
14 DIRECT EXAMINATION
15 BY .MR. RUSTY HARDIN
16 Q: Good morning. Mr. Terry, if you will try
17 to keep in mind, the microphone in front of you is there,
18 so that you can be heard. Would 'you state your name
19 again, please?
20 A: Nicholas Edward Terry.
21 Q: And, Mr. Terry, how old a man are you?
22 A: Thirty-five.
23 Q: And where do you live?
24 A: I live in Thomasville, North Carolina.

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DIRECT EXAMINATION OF N. TERRY BY R. HARDIN 6
1 Q: And what's your occupation?
2 A: I'm a chaplain for Motor Racing Outreach.
3 Q: And how long have you been a chaplain for
4 Motor Racing Outreach?
5 A: For three years.
6 Q: Would you give the Judge a little bit of
7 the benefit of your background, where you grew up, your
8 profession, and how you got to where you are?
9 A: Sure, yeah. I spent ten years in the
10 sport of NASCAR as a competitor on the competition side,
11 as a pit crew member, going over the wall. I felt God's
12 leading me to ministry, and so instead of leaving the
13 sport to go into local church ministry, I became part of
14 the team at MRO, as one of their chaplains.
15 Q: All right. So when you say Motor Racing
16 Outreach, MRI--MRO are the initials that are used within
17 the organization?
18 A: Yes, sir, it's for Motor Racing Outreach,
19 that's right.
20 Q: And explain to the Court what MRO is,
21 please.
22 A: Yeah, basically, we provide pastoral care
23 for the NASCAR racing community. We are pretty similar
24 to what a local church would do, the only difference

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1 being that we travel with the people and go with them,
2 but we provide a lot of the same care for the people.
3 Q: Now, do you have any type of official
4 relationship, one way or the other, with NASCAR?
5 A: No, we don't have any type of relationship
6 with them at all, no. We're not supported by them. They
7 give us the blessing to be out there serving and doing
8 what we do, but, no, no affiliation with them directly.
9 Q: So it'd be fair to say you're a totally
10 independent organization?
11 A: Yes, sir, that's right.
12 Q: And NASCAR is not paying your salaries or
13 anything like that?
14 A: No, we're funded just like a church is,
15 from the local community.
16 Q: Do you conduct services on weekends at
17 different racing venues?
18 A: Yeah, we do, we have--right after the
19 drivers' meetings every weekend, we have a service that
20 follows the drivers' meeting, which ends up being about
21 two hours before the race, and those services normally
22 last 20-to-25 minutes.
23 Q: And how do you travel? First of all, how
24 big of an organization is it? How many of you are there?

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1 A: Yeah, I think there's about 14 of us on
2 staff, and maybe a couple of those are part-time. But
3 depending on the location of the race, we'll fly. If
4 it's somewhere we close, we typically drive, if it's only
5 five-or-six hours.
6 Q: Well, for instance, at the Dover
7 Racetrack, would you be there--well, how would you be
8 there? Would you be there in a motor home or what?
9 A: Yeah, it's different every weekend, but
10 for Dover, we would be there in a motor home versus if we
11 were on the West Coast, we would just be staying in a
12 hotel.
13 Q: All right. Are you married?
14 A: I am.
15 Q: And do you have children?
16 A: I do.
17 Q: And how old are your children?
18 A: They are seven, five, and four.
19 Q: And do they travel with you to these
20 different locations?
21 A: They don't go on a weekly basis. They end
22 up doing maybe five to eight a year.
23 Q: All right. In September of this past
24 year, and I'm going to be talking to you more

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1 particularly about September 26th of 2014, was your
2 family traveling with you?
3 A: They were.
4 Q: And did you attend the racing--the race at
5 Dover in September of 2014?
6 A: Yes.
7 Q: And when you attended that race, were you
8 there in your motor home?
9 A: Yes.
10 Q: And would you kindly give us an idea of
11 what the schedule would be? If we assume that the 26th
12 of September was a Friday, what would your activities be?
13 A: Yeah, Friday would have been a day that we
14 were just at the track, just present during the day.
15 There would have been qualifying and things like that
16 going on, Friday. And so Friday is typically a day where
17 we just make our rounds and connect with people that are
18 there for the weekend, just to let them know that we're
19 there, to be visible and just to be present.
20 Q: And do you know Kurt Busch?
21 A: I do.
22 Q: And how long have you known him?
23 A: About three years.
24 Q: And how would you describe, during that

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1 period of time, your relationship with him? How often
2 would you be with him? Or were you social friends or
3 anything like that?
4 A: Yeah, I mean, really, the extent of your
5 relationship was just on pit road pre-race. He would
6 allow me the opportunity to pray for him before he raced,
7 and really, that was the extent of our relationship.
8 Q: And in this particular matter, at some
9 time, did you become familiar with the woman, Patricia,
10 that he was dating?
11 A: I did.
12 Q: Do you know her full name?
13 A: Uh-huh.
14 Q: What is it?
15 A: Patricia Driscoll.
16 Q: And do you see Ms. Driscoll in the
17 courtroom today?
18 A: I do.
19 Q: And would you point her to the--for the
20 Judge, just for the record?
21 A: Yeah.
22 Q: All right.
23 THE COURT: The record will reflect
24 identification of Ms. Driscoll.

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1 Q: Now, how long have you known Ms. Driscoll?
2 A: About three years as well.
3 Q: And did you ever do any counseling for
4 either one of them or visit with either one of them about
5 different issues they were concerned about?
6 A: I never counseled Kurt, particularly. I
7 had spent some time with Patricia a couple of times.
8 Q: All right. Now, on the particular evening
9 of September the 26th, were you and your family in your
10 motor home?
11 A: Yes.
12 Q: And did Ms. Patricia Driscoll contact you?
13 A: Yes.
14 Q: About what time would you say that was?
15 A: Roughly around 10 o'clock or so.
16 Q: Were your children still up?
17 A: One of them was awake and two were asleep.
18 Q: And what happened exactly?
19 A: My wife and I, and one of my children were
20 in the back bedroom watching television. On the foldout
21 couch upfront was another--one of my children was asleep,
22 and my other kid was awake. And that's when we got a
23 knock on the door, Patricia and Houston [phonetic] were
24 there.

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1 Q: All right. Let me just--I'll take you
2 through question and answer, if I can?
3 A: Sure.
4 Q: And would you describe each of them as you
5 observed them when you went to the door?
6 A: Yeah, when I opened the door, I noticed
7 that Patricia was crying and that she was upset. Houston
8 was very somber, very quiet, and had his head down.
9 Q: Okay. And by the way, before this
10 morning, had you and I ever met?
11 A: No.
12 Q: Had you had conversations or contact by
13 Mr. Yarborough [phonetic] in my office?
14 A: In your office?
15 Q: Or no, from my office. Had you ever had
16 contact with Mr. Yarborough, who is sitting here--
17 A: [Interposing] Yes, yeah.
18 Q: All right. But had you and I ever met or
19 talked?
20 A: No.
21 Q: Okay. Did we meet this morning?
22 A: Yes.
23 Q: Let me go back now to that particular
24 night. Could you tell--how would you describe the

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1 overall demeanor of Houston?
2 A: Houston was--he was very quiet. He didn't
3 say really hardly anything. He had his head down and was
4 pretty much minding to himself.
5 Q: Okay. Did he appear to be crying?
6 A: I wouldn't say he was not crying, but it
7 was really hard to tell. He may have had a tear running
8 down his face, but it was very quiet, head down--
9 Q: [Interposing] Because his head was down?
10 A: --to himself, yeah.
11 Q: All right. And what did Ms. Driscoll say
12 when you came to the door?
13 A: Well, I immediately asked her if she was
14 okay, and she said, no. So since my wife was there with
15 us, I invited them to come inside.
16 Q: Okay. So what'd you do then?
17 A: I sat her down and--at a little table that
18 is in the bus, for eating. We moved my kid that was
19 awake to the back bedroom, along with Houston, so they
20 could watch a show back there.
21 Q: All right. And then during the time that
22 you--when she moved into the living room there at the
23 table, was it well lit?
24 A: Yeah, I mean, the lights were on. It was

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1 dark outside. It was night, but the lights were--
2 Q: [Interposing] But inside the motor home,
3 was it well lit?
4 A: Yes.
5 Q: All right. And then what happened once
6 you got Houston to the back?
7 A: Well, we just began to ask her what was
8 going on. We just said, hey, what's going on?
9 Q: What did she say?
10 A: She said that she had been texting with
11 Kurt and was concerned about him, and that she drove over
12 from D.C. or from wherever she lives. And she said she
13 drove over and that they got into an argument, and then
14 she came over to the bus.
15 Q: Did she tell you what happened--her
16 version of what happened during the argument?
17 A: Yeah, after we got to that point, she told
18 me that after they got there, they got in an argument.
19 That was about all she said. And then she told me about
20 the incident.
22 A: She said that Kurt grabbed her by the neck
23 and pushed her back up against the wall.
24 Q: Okay. She didn't say anything about him

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1 slamming her against the wall three times?
2 A: No.
3 Q: And when she said he grabbed her by the
4 neck and pushed her up against the wall, what did she say
5 then?
6 A: That was it.
7 Q: Did she say anything about her neck?
8 A: She said her neck hurt, and this back part
9 of her neck, lower head.
10 Q: Did she ask you to look at her?
11 A: She did.
12 Q: What'd she say?
13 A: She asked my wife and I, did we see any
14 marks on her, or any redness, or any scratches, or
15 anything of that nature.
16 Q: And did you lean forward to look?
17 A: Yeah, my wife leaned over the table, and I
18 leaned in to look as well.
19 Q: And what did you see?
20 A: We didn't see anything, any redness or
21 anything.
22 Q: So what did you tell her?
23 A: My wife told her that we didn't see
24 anything--

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1 MS. CAROLYN M. MCNEICE, ESQ.: Objection.
2 Hearsay.
3 MR. HARDIN: It's all part there of that res
4 gestae--
5 THE COURT: [Interposing] Okay.
6 MS. MCNIECE: I'm sorry. I did not hear your
7 response, Mr. Hardin. I didn't hear it.
8 MR. HARDIN: It is all part of a particular res
9 gestae of the offense.
10 THE COURT: Well, certainly, I won't consider
11 the utterance of Ms. Terry unless she's scheduled to be
12 here as a witness, for the truth of the matter that she
13 asserted. This witness can testify about what he
14 observed and didn't observe. But I won't consider Ms.
15 Terry's utterance for the truth of the matter that was
16 asserted, unless she is here to testify.
17 MS. MCNIECE: Thank you.
18 MR. HARDIN: That's fine.
19 THE COURT: Mr. Hardin?
20 Q: And then what did you say?
21 A: There was no need for me to say that I did
22 or didn't see anything on her.
23 Q: Why is that?
24 A: Because my wife had already stated that.

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1 Q: And did you see any marks on her at all?
2 A: No.
3 Q: So at the time, can you estimate the--did
4 she tell you how long--what time she got there, to his
5 place?
6 A: She didn't give me an exact time, but it
7 was a very short amount of time that she got there, from
8 the time she got to our bus.
9 Q: Yeah, how far away was your motor home
10 from his?
11 A: I don't know exactly where they were
12 parked, but probably 50-to-100 yards, I would guess.
13 Q: How certain are you--~n a matter of
14 minutes after this event, how certain are you that you
15 saw absolutely no marks on her neck?
16 A: I'm certain that I didn't see anything.
17 Q: And did you look carefully?
18 A: Yes.
19 Q: And did you tell her--after your wife said
20 she didn't see anything, what did she say, meaning
21 Patricia?
22 A: Nothing. That was the end of that
23 conversation.
24 Q: After you looked at her and didn't see

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1 anything on her neck, what happened next?
2 A: She said her neck was hurting, and my wife
3 offered her Ibuprofen and a pack of frozen vegetables for
4 her neck ..
5 Q: Okay. And so did she take those?
6 A: Yes.
7 Q: And then how much longer did she stay
8 there?
9 A: Maybe 30-to-45 minutes after that.
10 Q: And what was the conversation generally
11 after that?
12 A: Really just listening to her talk about
13 just the emotion of--just that she was feeling in general
14 about, you know, I know she said she felt guilty that she
15 had drove over there, and said she was blaming herself
16 and things of that nature.
17 Q: And what do you mean, she said she was
18 blaming herself?
19 A: Well, she said it was my fault, I drove
20 over here. And we just listened and the only counsel we
21 gave her was to either go back home or to go to a hotel
22 for the night.
23 Q: Now, in your practice, do you attempt, one
24 way or the other, to sort through one side or the other

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1 of a story, when a person is telling you about something?
2 Sort of explain what your practice is about counseling,
3 in other words.
4 A: Yeah, I mean, I never question anybody
5 that brings anything to me that says anything about any
6 particular situation. I feel that my job as a chaplain
7 is not to make judgment on whether anything anybody says
8 to me is right or wrong. It's my job to listen and to
9 care for them the best that I can.
10 Q: And was that what you were doing that
11 night?
12 A: Absolutely.
13 Q: Does your wife ever participate with you
14 in visiting with people that come to you over situations?
15 A: Sometimes.
16 Q: All right. And in this particular case,
17 did you have any further conversations, other than what
18 you just mentioned, or contact with Houston?
19 A: No, not with Houston.
20 Q: Did Houston ever come out of the bedroom
21 that night, before they left?
22 A: He did.
23 Q: And do you remember that and what do you
24 remember about it?

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1 A: He came out about halfway through our time
2 together, and he asked if Kurt was going to be okay, and
3 that was the only question he asked that night.
4 Q: Did he say anything about Kurt ever having
5 done anything to his mother?
6 A: That's the only thing he said--
7 MS. MCNIECE: [Interposing] Objection.
8 Hearsay.
9 THE COURT: Well, I think the answer is that he
10 didn't say anything, so that objection will be overruled,
11 to that extent.
12 MR. HARDIN: All right.
13 Q: Now, during the period of time that she
14 was there, do you recall making any recommendations to
15 her, or suggestions about where she should go or
16 anything?
17 A: Yes.
18 Q: How did that--
19 MS. MCNIECE: [Interposing] Objection. Asked
20 and answered. He already said he advised her to go
21 either to a hotel--
22 THE COURT: [Interposing] I'll allow the
23 witness to answer.
24 Q: What did you tell her?

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1 A: Yeah, we said, we could either help you
2 get to a hotel tonight, if you need help doing that, and
3 get you set up for the night, or either we would counsel
4 you to drive home for the evening.
5 Q: All right. Now, when you were visiting
6 with her that night, after you finished 45 minutes or so,
7 or an hour--the total time she was in your trailer, you
8 would say is about how long?
9 A: I would say about 45 minutes.
10 Q: And by the time she left, did you see any
11 bruises or any redness on her neck then?
12 A: I did not.
13 Q: When she left, did--and when she left with
14 Houston, what time of night would you expect that to have
15 been?
16 A: 10:45 or 11 o'clock, somewhere around
17 there.
18 Q: Okay. Now, at some time last year, were
19 you contacted by Mr. Yarborough, that I asked you about
20 earlier?
21 A: I was.
22 Q: And did you talk to him over the phone?
23 A: I did.
24 Q: And were you aware that there were

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1 hearings in this case in December of last year?
2 A: I was.
3 Q: Did we attempt to get you to come as a
4 witness then?
5 A: You guys asked me if I would come.
6 Q: And what was your position?
7 A: I said, no.
8 Q: All right. And why did you say no?
9 A: Well, mainly because I didn't want to pick
10 a side. I didn't want to support Kurt or support her,
11 but I wanted to support both of them, the best I could.
12 Q: All right. And so basically, you wanted
13 to stay out of it, if you could. Is that true?
14 A: Yes, I do.
15 Q: All right. Now, obviously, you arrived
16 today at our request, correct?
17 A: Yes.
18 Q: And why did you change your mind and
19 decide to come in?
20 A: Well, because you guys shared some
21 information with me about things that were said in here
22 under oath, that were not true, about me, things that I
23 did not say--
24 THE COURT: [Interposing] Excuse me.

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1 MS. MCNIECE: Excuse me.
2 THE COURT: My understanding, counsel, is at
3 the beginning of this proceeding, the witnesses were
4 sequestered. This witness is now telling me that counsel
5 shared with the witness, things that other witnesses said
6 in the proceeding?
7 MR. HARDIN: We shared with him, testimony in
8 the trial. That's what it is. And he was not a witness.
9 He was never sequestered.
10 MS. MCNIECE: I have to object on that basis.
11 Also, I'm not sure if in fact, it was Mr. Hardin who said
12 that, or another member of his staff. For instance, he's
13 talking about a Mr. Yarborough, and I don't know who that
14 is.
15 MR. HARDIN: Well, we just pointed him out.
16 THE COURT: Mr. Yarborough is--
17 MS. MCNIECE: [Interposing] I thought that was
18 it. I've never been introduced to him--
19 THE COURT: --his--the assistant is present.
20 MR. HARDIN: Your Honor, if I may? May I be
21 heard on it--
22 THE COURT: [Interposing] Yes, you may.
23 MR. HARDIN: He was given testimony that was
24 given in open court, to review to see if it was accurate

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1 as to what he said. This is the witness, she said, that
2 we bribed and that we threatened. Now, I am surely
3 entitled to inquire of that witness, if that is in fact
4 sortreth.ing t.hat. happened. And it goes directly to her
5 credibility. She swore under oath that we threatened her
6 and that we bribed her--bribed him. And he was never a
7 witness. He had declined to be a witness.
8 THE COURT: Well, here's the distinction
9 though, Mr. Hardin. The distinction is--well, I think
10 one thing that we're going to need to get into with the
11 witness is the extent to which testimony that was
12 presented in court was disclosed to the witness in
13 anticipation of the witness being a witness in the
14 proceeding. Because it doesn't really matter, Mr.
15 Hardin, whether the witness is someone who you've
16 identified somehow, pretrial, or whether the witness is
17 someone who you decided to call as a witness at some
18 point in time during the proceeding.
19 We're going to have to determine the extent to
20 which sequestration may have been violated, and then the
21 Court is going to have to make a determination with
22 regard to what to do as it relates to the witness'
23 testimony. So I'll allow--Ms. McNeice, if you wish to
24 voir dire the witness as it relates to any sequestration

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1 violation, I'll allow you to do that. And then we'll
2 make a determination with regard to how to proceed.
3 Or, Mr. Hardin, if you wish to preliminarily
4 begin the voir dire about what testimony was shared with
5 the witness--
6 MR. HARDIN: [Interposing] Well, what I was
7 going to do, and I think it'd be for the ease of the
8 Court and for the other side, I've made copies of the
9 excerpts of the transcript, the official transcript that
10 he was sent. So that the Court understands, he was sent
11 this, to ask if this accurately reflected what he had
12 said and what had happened. And I've got copies here
13 that I can give Defense and you, and he can look at to
14 identify whether this is what he received from us.
15 THE COURT: Okay.
16 MR. HARDIN: And then you will have a basis to
17 sort of start thinking about--
18 THE COURT: [Interposing] All right. What I'll
19 do is, I'm going to recess, so that you can share those
20 transcripts with Ms. McNeice. Ms. McNeice, then we'll
21 see whether or not there's some sort of application as it
22 relates to the witness' testimony, based on the
23 sequestration violation that is alleged, at least.
24 MS. MCNIECE: Your Honor, before you take a

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1 recess, I'd like to present to the Court, he's called
2 this an official transcript. This is not indeed, an
3 official transcript. It is not a transcript that's been
4 prepared by any court reporter. It is not--or any person
5 that has used the recordings of this Court.
6 THE COURT: Okay.
7 MALE VOICE: That's incorrect.
8 THE COURT: Okay. Well, I do have a transcript
9 in my file, so I'm assuming that that--
10 MALE VOICE: [Interposing] Yeah--
11 MR. HARDIN: [Interposing] It is.
12 MALE VOICE: We ordered it, and it is the
13 official transcript.
14 THE COURT: I'm assuming that there was a
15 transcript ordered by someone. But in any event, what's
16 relevant is that it is what was shown to the witness,
17 allegedly. And when we're talking about a sequestration
18 violation or an alleged sequestration violation, we need
19 to make a determination with regard to the extent to
20 which any alleged sequestration violation may have
21 infected the witness' testimony.
22 And so I'll allow you to review that portion of
23 the transcript, which apparently, it must be an official
24 transcript or it wouldn't have landed in my file. So

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1 I'll allow you to review that and we'll take a recess.
2 And let the Court know when you're ready and we'll have
3 voir dire as it relates to - -
5 MS. MCNIECE: Thank you.
6 THE COURT: We're in recess.
7 FEMALE VOICE: All rise.
8 [END 436261 20150112-0910 PART1.WMA]
9 [Whereupon, a recess was taken.]
10 [END 436261_20150112-0955 PART2.WMA]
11 MS. MULLINS: Family Court back in session.
12 Please be seated.
13 THE COURT: All right. Good morning again,
14 everyone. Ms. McNeice, you've had an opportunity to
15 review the transcript that Mr. Hardin had referenced
16 previously, about the testimony in this proceeding that
17 had been shared with the witness. Is that correct?
18 MS. MCNEICE: That's correct, Your Honor.
19 THE COURT: Okay. And do you have some
20 application based upon the transcript that you've been
21 given?
22 MS. MCNEICE: Yes, I am first not familiar with
23 the reporting and transcription service that is listed on
24 the bottom of this. I'm only familiar with transcription

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1 services in Delaware that are used by this Court. That's
2 my first application, is that, in fact, this is not an
3 official transcript, but rather was completed through
4 some recording device that Mr. Hardin secured.
5 My second application is that this witness has
6 been approached and provided with a segment of testimony
7 that is part of two days' worth of extensive testimony
8 presented, not just by my client, but by many other
9 witnesses. I would suggest to the Court that his
10 testimony has been tainted. He has been provided with
11 snippets material taken out of context. He was sent,
12 apparently, these materials through a screenshot, rather
13 than actually provided with a piece of paper that we
14 generally refer to as a transcript that is a formal
15 presentation of the testimony.
16 And on that basis, I would suggest that his
17 testimony should be stricken in its entirety.
18 THE COURT: Mr. Hardin, I will certainly--I
19 haven't seen yet, the portion of the transcript that was
20 provided to Mr. Terry, and so obviously, I'll need to
21 review that. As well as, I will allow either party or
22 both parties to voir dire the witness, as it relates to
23 the transcript that was shown to the witness, and the
24 impact that may have had on the witness' testimony.

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1 So I will take a look at the pages. I do have
2 an official transcript in my file. Ms. McNeice, the way
3 we have proceedings transcribed is, we actually--when a
4 party pays for them, we send the tape-recording of these
5 proceedings off to a transcription service. I don't know
6 where they're located now. They used to be located in
7 North Carolina. And the transcription service
8 transcribes the proceedings for us, and that's how we
9 make an official court transcript. And there appears to
10 be one in my file.
11 We don't allow recording devices in our
12 courtrooms, so we don't allow people to independently
13 tape record what happens here. And so I'm just going to-
14 -well, I can't assume--
15 MR. HARDIN: [Interposing] If I may--
16 THE COURT: What I can do is, I can compare
17 what Mr. Hardin presents to the transcript that I have in
18 my file, to see if it's authentic.
19 MR. HARDIN: If I may, Your Honor?
20 THE COURT: Sure.
21 MR. HARDIN: What I would propose is, I can
22 show--I've marked as Respondent 12, the excerpt that we
23 say that we sent.
24 THE COURT: Uh-huh.

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1 MR. HARDIN: And for your reference, to see if
2 it's accurate, once we tender it to you, it's Pages 182
3 and 183 of the first day.
4 THE COURT: Okay. All right. Thank you.
5 MR. HARDIN: And then for the record, if I
6 could make a proffer, if it's okay with the Court?
8 MR. HARDIN: This witness had made it clear
9 that he was not going to be a witness in the case.
10 THE COURT: Yeah, I think I've heard the
11 witness' testimony. I don't need any further proffer in
12 the presence of the witness--
13 MR. HARDIN: [Interposing] I just wanted one
14 for the record. Yes, sir.
15 THE COURT: Okay.
16 MR. HARDIN: And then because--depending on the
17 Court's ruling. And then you will see on this exhibit,
18 that it was--this excerpt of two pages was sent to him on
19 January the 8th of this year.
21 MR. HARDIN: And you will see on this exhibit,
22 his response to us. And so what I would propose--and at
23 that time, he was not a witness. He was somebody that we
24 were trying to persuade to be a witness, but we had been

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1 unsuccessful in doing so.
2 THE COURT: Well, we can get to that point when
3 the Court determines whether to make a ruling. If
4 someone is a potential witness, they are subject to
5 sequestration, just as much as someone is on some
6 official witness list. We don't sort of do that here in
7 Delaware.
8 We don't limit the witnesses that you can call,
9 by placing people on a list of witnesses, and it's fair
10 game to share testimony with people who aren't on that
11 list, but not with people who are. In Delaware, all
12 potential witnesses are sequestered, and therefore, it's
13 not appropriate to share the transcription of testimony
14 with potential witnesses.
15 MR. HARDIN: If I may? If the Court--what you
16 will see is, this is specifically asking him if things
17 said about him, and that he said were true.
19 MR. HARDIN: If you recall, what you'll see
20 there, this has to do with whether or not we had bribed
21 him or whether we had threatened him.
23 MR. HARDIN: Obviously, as you know, we have an
24 obligation to pursue and find out whether that is true or

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1 not, and to see what his reaction is to that, because
2 that was the first time we had ever heard that. She
3 swore under oath, that was true.
5 MR. HARDIN: We believed then and are certain
6 now, that was perjury. We had an obligation to check
7 into that. And the only--the easiest and most accurate
8 way, rather than us just talking to him, is to show him
9 exactly what was said and ask if that is true. It is
10 then that he informed us, it was not. And then he can
11 tell you one way or the other, in his mind, why he ended
12 up here.
13 But that is what--and at the time he showed--he
14 was--I think under the law, Your Honor, in all due
15 respect, I'm not aware of any case that says a witness
16 cannot be asked if testimony about him is true or not,
17 which is what this was.
18 THE COURT: Well, a witness can be asked to
19 deal with subject matter, but once witnesses are
20 sequestered, there's an order that says that they can't
21 be present or have disclosed to them, anything that's
22 been said in court. And so we'll deal with this.
23 But first and foremost, I think what we've got
24 to deal with is, what was disclosed to the witness?

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VOIR DIRE OF N. TERRY BY R. HARDIN 33
1 MR. HARDIN: How about if I show that to him
2 now?
3 THE COURT: I'll take a look at that. And I'm
4 referencing the pages here. Ms. McNeice, you're
5 standing. I'm assuming that you'll have an application
6 once we hear from the witness--
7 MS. MCNEICE: [Interposing] I will, thank you.
8 I--
9 THE COURT: [Interposing] Okay, Thank you.
10 MS. MCNEICE: --will wait.
11 MR. HARDIN: And if I may?
12 VOIR DIRE BY
13 MR. RUSTY HARDIN
14 Q: My question to you, sir, is if you'll look
15 at that and see if that appears to be an accurate copy of
16 what was forwarded to you by email, Respondent's 12?
17 A: Yes, it is, yes.
18 Q: Okay.
19 MR. HARDIN: May I tender it to the Court?
20 THE COURT: Sure. Thank you. All right. If
21 you have questions of the witness as it relates to this,
22 I'll allow you to ask him.
23 MR. HARDIN: Thank you very much.
24 Q: Now, Mr. Terry, my question to you was--

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1 let me take you back in reference. You had testified
2 that you had originally not intended to appear as a
3 witness. Is that correct?
4 A: That's right.
5 Q: And at the time that you received this
6 email that is Respondent's 12, I just showed you, at that
7 time, did you intend to be a witness?
8 A: No.
9 Q: And had you informed us at that time, that
10 you didn't--that you were respectfully declining to be a
11 witness.
12 A: Yes.
13 Q: Okay. For the reasons that you gave the
14 Court earlier.
15 A: Yes.
16 Q: All right. Now, at any time, did we
17 suggest to you, what you should say or try to get you to
18 say anything?
19 A: Absolutely not.
20 Q: After you received that particular bit of
21 testimony, Respondent's 12, that she has been given, what
22 was your reaction to it when you saw it?
23 A: Well, my immediate reaction was, it was
24 not true.

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1 Q: And so did that have any impact on your--
2 THE COURT: [Interposing] Your reaction, sir,
3 was that what was not true?
4 MR. TERRY: What was stated in the reporting.
5 Q: Let me be more specific with you--
6 THE COURT: [Interposing] Okay. You--
7 Q: Let's start with 182. On Line 13, it
8 reflects--well, let's go back. Let me go back before.
9 There's a question on Line 8. Could you tell me who we
10 have supposedly threatened or bribed? In answer, she
11 said, you named some of my staff members, and do I know
12 these people. And the question on Line 12, which ones
13 did we threatened? And the answer was Matt Ballard
14 [phonetic]. You also threatened the preacher, Nick
15 Terry. I was on the phone with him last night. Is that
16 true? Did we ever threaten you?
17 A: No, you did not.
18 Q: And question, we threatened him? Answer,
19 yes, you did, and then you also bribed him and tried to
20 get him to change his story. Is that true?
21 A: You did not bribe me, no.
22 Q: Did we try to get you to change your
23 story?
24 A: No.

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1 Q: Have you always told us the same thing?
2 A: Yes.
3 THE COURT: All right. Sir, in what respect
4 did th-e':.'',di.sclosure of this cause you to change your mind
5 with regard to whether you wished to be a witness in this
6 proceeding or whether you wished to remain neutral in
7 this matter, as you've stated previously?
8 MR. TERRY: Yeah, the difference in that was
9 after reading that, what I wanted was for the
10 Commissioner or the Judge to hear from me directly, to
11 have my testimony, to be able to make fair judgment.
12 THE COURT: Okay. And, sir, did you actually
13 have a conversation with Ms. Driscoll, the night before
14 the proceeding, that she was discussing in this
15 testimony?
16 MR. TERRY: Yeah, uh-huh, yes, sir.
17 THE COURT: So you did have that conversation
18 with her?
19 MR. TERRY: It was the Sunday before, yes, sir.
20 THE COURT: Okay.
21 MR. HARDIN: Which was not the night before,
22 just for the Court.
23 THE COURT: Right, the proceeding began on a
24 Tuesday. So you had a conversation with Ms. Driscoll,

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1 the Sunday before the proceeding began.
2 MR. TERRY: Yes, sir.
3 THE COURT: All right. And did you and Ms.
4 Dr:iosc.o~,l in that conversation, discuss your interactions
5 with Mr. Busch and his counsel?
6 MR. TERRY: The only thing she said that--was
7 that she heard that I was coming up here, and I told her
8 that I was not.
9 THE COURT: Uh-huh. And did you discuss with
10 Ms. Driscoll, why you were not coming?
11 MR. TERRY: I did, yeah, I told her the same
12 thing that I shared with the Court, was that, I was not
13 going to pick a side, him or her, to support through this
14 process.
15 THE COURT: Okay. So the part of the testimony
16 that's not true, that you're telling the Court about, is
17 that--is the part about being threatened by Mr. Hardin's
18 firm or Mr. Busch's defense counsel, and that they bribed
19 you and tried to get you to change your story. That's--
20 MR. TERRY: [Interposing] That's right.
21 THE COURT: That's the part that's not true.
22 MR. TERRY: Yes, sir. They've been very
23 professional and respectful the whole time.
24 THE COURT: Okay. And so did you have any

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1 conversation with Ms. Driscoll, to the effect that things
2 like that had occurred, in your conversation with her?
3 MR. TERRY: I told her that they approached me
4 and asked me if I would come, yes.
5 THE COURT: Okay. As part of your conversation
6 with Ms. Driscoll, did you discuss whether or not you had
7 been threatened or bribed by Mr. Hardin's office or
8 anyone on behalf of Mr. Busch?
9 MR. TERRY: No.
10 THE COURT: Okay. All right. And you didn't
11 have that discussion or you told her that that hadn't
12 happened?
13 MR. TERRY: No, we did not have that
14 discussion.
15 THE COURT: Okay. All right. Mr. Hardin, did
16 you have further questions of the witness as it relates
17 to this--
18 MR. HARDIN: [Interposing] I do, Your Honor.
19 THE COURT: Okay. All right.
20 Q: I want to ask you--
21 MS. MCNEICE: [Interposing] Excuse me. If I
22 just might clarify? Is this by way of voir dire or is
23 this continued--
24 THE COURT: [Interposing] This is voir dire.

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1 No, we're not continuing the testimony at this point.
2 We're just voir diring the witness at this point--
3 MS. MCNEICE: Thank you.
4 MR. HARDIN: Oh, I'm sorry. I misunderstood.
5 Q: On the particular--when you had the
6 conversation with her, the Sunday before the hearing
7 started in December, which was on a Tuesday, was that by
8 phone or by text?
9 A: By phone.
10 Q: Okay. And had ya'll texted any--had she
11 initially texted you before that phone conversation?
12 A: She had texted me, asking me if I could
13 call her. And we were having my daughter's birthday
14 party and told her that I'd call her later that
15 afternoon.
16 Q: And so that's how the conversation
17 happened? You returned her call on that Sunday?
18 A: Yeah.
19 Q: How long would you estimate that ya'll
20 talked?
21 A: Five minutes, maybe.
22 Q: Now, reading this, that you wrote--that
23 you were sent, Pages 182 and 183 of the transcript, would
24 your testimony have been the same before you got it than

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1 after you got it?
2 A: Yeah, it's been the same, yes, sir.
3 Q: I understand that you've given a reason as
4 to why you decided to come to court, but has that--did
5 those two pages you received have anything to do with
6 what you're saying?
7 A: No.
8 Q: Do you understand what I mean? In other
9 words, you've explained that it impacted your decision to
10 come tell the Judge, so he would have the full story,
11 correct?
12 A: Yes, yeah.
13 Q: But what you're telling him is that it's
14 the same that you would have said, if you had come before
15 you ever received it.
16 A: Yes, it's the same.
17 Q: All right. Was your decision simply--was
18 the impact of these two pages simply that it made you
19 decide that you wanted to make sure the Judge knew the
20 whole story, but not--it didn't affect the impact--
21 MS. MCNEICE: [Interposing] Objection.
22 Leading.
23 MR. HARDIN: Excuse me.
24 Q: --the accuracy of what you were saying?

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1 A: Yes, that's why I wanted the Judge to hear
2 my testimony.
3 Q: Why is that?
4 .A: So that he could make a fair judgment on
5 what happened.
6 Q: All right.
7 MR. HARDIN: That'~ all I have on the voir
8 dire.
9 THE COURT: Ms. McNeice, do you wish to voir
10 dire the witness further?
11 MS. MCNEICE: I do. Thank you. May I approach
12 and review the document that--
13 THE COURT: [Interposing] Do you want the
14 document that's been admitted?
15 MS. MCNEICE: Yes, if I--
16 THE COURT: Certainly.
18 THE COURT: I have the official transcript. I
19 can refer to those pages.
20 MS. MCNEICE: Is this all - - yours?
21 MALE VOICE: Yeah, is it in your way?
22 MS. MCNEICE: No, I didn't know if you needed
23 it--
24 [Crosstalk]

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VOIR DIRE OF N. TERRY BY C. MCNEICE 42
1 MS. MULLINS: Okay. You need to keep the
2 microphone--
3 MS. MCNEICE: [Interposing] All right. Thank
4 you.
5 VOIR DIRE BY
6 MS. CAROLYN MCNEICE
7 Q: Mr. Terry, I'm going to review this
8 document. And again, this was sent to you in this form
9 of what we call a screenshot. Is that what you recall?
10 A: Yes, ma'am.
11 Q: And you received it as an email, correct?
12 A: As a text.
13 Q: As a text on, it appears to be, January
14 8th?
15 A: Yes, ma'am.
16 Q: Do you recall receiving that?
17 A: Yes, ma'am.
18 Q: And do you recall a phone call from
19 someone--well, excuse me, strike that. Did you receive a
20 phone call from someone in Mr. Hardin's office, prior to
21 receiving this text?
22 A: Any time prior to?
23 Q: No, on January 8th, prior to receiving
24 this text.

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1 A: No.
2 Q: So they sent it to you.
3 A: Yes.
4 Q: Without any warning that it was coming.
5 A: Yes.
6 THE COURT: Specifically, sir, Ms. McNeice has
7 referred to they. Can you tell me who sent that text to
8 you?
9 MR. TERRY: Mr. Yarborough.
10 THE COURT: Okay. Thank you.
11 Q: And who is it again, that you understand
12 Mr. Yarborough to be?
13 THE COURT: Had you ever met Mr. Yarborough
14 before today, sir?
15 MR. TERRY: Not in-person, no, just over the
16 phone.
17 THE COURT: Okay. Did you meet him today?
18 MR. TERRY: In-person--
19 THE COURT: [Interposing] Did someone introduce
20 themselves to you as Mr. Yarborough?
22 THE COURT: And is that person here?
24 THE COURT: Okay. Could you point him out?

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1 MR. TERRY: Yes, sir, right here.
3 Q: Do you recall the number of times you
4 spoke with Mr. Yarborough prior to receiving this text?
5 A: Twice verbally over the phone.
6 Q: Okay. Do you remember the dates of those
7 phone calls?
8 A: I do not exactly, no.
9 Q: Would it have been after you spoke with
10 Ms. Driscoll concerning the pending trial?
11 A: No, it was before that. The first phone
12 call that I got from Mr. Yarborough was--I don't know the
13 exact date, but probably the second-to-third week in
14 November.
15 Q: That's November 2014, of course.
16 A: Yes, ma'am.
17 Q: On the back of this collection of papers
18 referencing the screenshot of Pages 182 and 183, there is
19 a--there is some information.
20 A: Uh-huh, yes, ma'am.
21 Q: Have you read this today, sir?
22 A: I read it just a few minutes ago.
23 Q: Okay. And this represents what?
24 A: That was my response to Mr. Yarborough.

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1 Q: And who is Jim?
2 A: Jim Yarborough.
3 Q: Okay. You said you--what day did you send
4 this?
5 A: The same day on the 8th.
6 Q: Okay. You said, I'm at a conference in
7 Alabama and traveling home this afternoon.
8 A: Yes, ma'am.
9 Q: And your home is in North Carolina, sir?
10 A: Yes, ma'am.
11 Q: When did you arrive in Delaware to
12 participate in this trial today?
13 A: Last night--actually, early this morning,
14 we landed in Philadelphia about midnight, and then drove
15 down here.
16 Q: Who's we, sir?
17 A: Me and my boss, president and CEO of Motor
18 Racing Outreach, Billy Mauldin.
19 Q: And is he here today?
20 A: Yes, ma'am.
21 Q: Is he in this courtroom right now?
22 A: Yes, ma'am.
23 Q: And did you speak with Kurt Busch prior to
24 your testimony here today?

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1 A: No.
2 Q: I'm sorry. With regard to this trial?
3 A: No, rna' am.
4 Q: And did you fly--what--how did you fly?
5 What--
6 A: [Interposing] We flew commercial.
7 Q: And what was that, sir?
8 A: We flew a commercial flight out of
9 Charlotte.
10 Q: Specifically, what was the name of that
11 flight or the airline?
12 A: u.s. Airways.
13 Q: And who paid for that flight, sir?
14 A: Motor Racing Outreach.
15 Q: And who paid for your room?
16 A: Motor Racing Outreach.
17 Q: You--strike that. Is your wife here
18 today, sir?
19 A: No, ma'am.
20 MS. MCNEICE: I have nothing further on voir
21 dire.
22 THE COURT: Mr. Terry, I have just a few more
23 questions of you. As part of this transcript that--this
24 is a transcript of--obviously of Ms. Driscoll's

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PROCEEDINGS 47
1 testimony, as you understand it. There's an allegation
2 that you had advised Ms. Driscoll that someone, on behalf
3 of Mr. Busch, had offered financial assistance. Okay.
4 Did you have any discussion with her, as it related to
5 whether you had been offered financial assistance by Mr.
6 Busch or anyone on his behalf, you or your organization?
7 MR. TERRY: No.
8 THE COURT: Okay. To your knowledge--do you
9 have any knowledge regarding who financially supports
10 your organization?
11 MR. TERRY: Yeah, we're supported by the NASCAR
12 community members.
13 THE COURT: Okay. And do those community
14 members include Mr. Busch?
15 MR. TERRY: They could, yes.
16 THE COURT: Okay. Do you have any direct
17 knowledge of whether or not Mr. Busch or anyone on his
18 behalf has provided financial support to you or your
19 organization?
20 MR. TERRY: I have no idea.
21 THE COURT: You don't have any idea because you
22 don't take care of that?
23 MR. TERRY: That's right, yes, sir.
24 THE COURT: All right. Thank you, sir. All

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1 right. I'll hear argument. Mr. Hardin, unless you have
2 other questions of the witness on voir dire, I'll hear
3 argument as it relates to the application regarding the
4 witness' .testimony--
5 MR. HARDIN: [Interposing] Well, I just want to
6 be clear.
7 VOIR DIRE BY
8 MR. RUSTY HARDIN
9 Q: Is it true or untrue that Mr. Busch or
10 anybody on his behalf offered you any type of financial
11 assistance to come--
12 MS. MCNEICE: [Interposing] Objection. Asked
13 and answered.
14 MR. HARDIN: Well, I just--
15 THE COURT: [Interposing] I'll allow it to be
16 answered.
17 Q: Did anybody on Mr. Busch's behalf, or Mr.
18 Busch, himself, offer you any financial assistance, or
19 your organization, to come here and testify?
20 A: No one has offered me anything.
21 MR. HARDIN: I guess for the purposes of voir
22 dire, that will do it.
23 THE COURT: All right. Thank you, sir. Ms.
24 McNeice, anything further as it relates to argument on--

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PROCEEDINGS 49
1 MS. MCNEICE: [Interposing] With regard--
2 THE COURT: --the testimony?
3 MS. MCNEICE: I'm sorry. I thought you had
.4 completed those comments. With regard to this witness'
5 testimony, he indicated that he did not intend to
6 participate and did not intend to take sides for--after
7 apparently repeatedly telling Mr. Hardin's staff. He's
8 indicated that he talked to them twice prior to the trial
9 starting in December. He indicated that he would not
10 take sides. He was not going to testify.
11 My client's understanding that he had received
12 some offers in order to come, he's testified that that
13 was not--my client cast it as a bribe. He said that he
14 did not receive that and did not have that conversation
15 with her.
16 I suggest to this Court that Mr. Hardin's staff
17 has overreached, has interfered with his client's
18 decision, and that his testimony should--is tainted by
19 what he's heard here. As I said, he's then given a
20 snippet of two days ...
21 THE COURT: It's okay. You may continue.
22 That's just a conversation between counsel--
23 MS. MCNEICE: [Interposing] With two days'
24 worth of testimony. Certainly, my client can discuss on

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PROCEEDINGS 50
1 rebuttal, what she recalls from their conversations. And
2 I suggest that this testimony has been tainted and it
3 should be stricken.
4 THE COURT: All right. By the way, wherever
5 the exhibit is, it can be returned. Has it been? Okay.
6 All right. I'm ready to rule. Fortunately, the portion
7 of the testimony that was presented to this witness was
8 not testimony that related to the actual facts and
9 circumstances surrounding the allegation.
10 And to be honest, this whole sort of issue, as
11 it regards to whether or not Mr. Hardin's office had
12 attempted to bribe witnesses, really is not central to
13 the case, itself. Obviously, I understand the point that
14 Mr. Hardin's trying to make, as it relates to Ms.
15 Driscoll's testimony and the credibility of that
16 testimony.
17 I'm not inclined to strike the witness'
18 testimony as it regards to what he did or didn't observe
19 and what did or didn't happen in his presence, as those
20 portions of Ms. Driscoll's testimony and the testimony of
21 any other witness were not shared with the witness, and
22 therefore, couldn't have infected the witness' testimony.
23 Obviously, the parties are now aware of the
24 Court's view of sequestration orders, and I would expect

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PROCEEDINGS 51
1 that they will act accordingly. I'm not inclined to
2 strike this witness' testimony. However, as this is a
3 very limited section of the official transcript--and I
4 have reviewed it and made sure that it is part of the
5 official transcript that was shared with the witness.
6 And according to the witness' testimony, that
7 impacted his decision to come here, but I can't see that
8 this testimony, in and of itself, other than improperly--
9 would--in other words, other than impacting the witness'
10 motivation would have impacted his testimony, itself.
11 I'm certainly capable of judging the
12 credibility of witnesses, and so I'm not going to strike
13 the witness' testimony. I will allow it to continue.
14 MR. HARDIN: Thank you, Your Honor.
15 THE COURT: The standard, by the way, is
16 prejudice--and to be honest, exposure to this snippet of
17 the testimony is not a violation of a sequestration
18 order, that would have prejudiced this witness in terms
19 of exposing him to testimony with regard to the disputed
20 facts that are at issue in the case. And so the witness'
21 testimony will not be stricken and I'll allow his
22 testimony to continue.
23 MR. HARDIN: Thank you. Your Honor, if I
24 might? One thing I would point out when we talk about

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1 the significance of it is, if you look at Line 14 at 182,
2 she says, I was on the phone with him last night. I'm
3 really answering what counsel was saying. And then she
4 goes down on 16 and says, you also bribed him to try to
5 get him to change his story. I think the clear testimony
6 testimony was that he had told her that, that night.
7 THE COURT: Yeah, I can--I've read the
8 testimony, so I do understand what the transcript says.
9 For the purposes of--
10 MR. HARDIN: [Interposing] I understand.
11 THE COURT: --the ruling that the Court's just
12 made, the witness' testimony can stand. I'm not going to
13 strike it because the testimony that was shown to him
14 wasn't really central to the testimony that he's
15 provided--
16 MR. HARDIN: Thank you.
17 THE COURT: --with regard to what he saw or
18 heard.
19 MR. HARDIN: Thank you. Let me move on. I
20 just have a couple of other minutes.
22 BY MR. RUSTY HARDIN
23 Q: I wanted to ask you the following
24 questions on another subject. Do you recall when you

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1 were testifying about when she came in and you observed
2 no marks on her neck - - ? Okay.
3 MR. HARDIN: And I will refer the Court,
4 without telling the witness what it is, to Pages 191 and
5 192 of that transcript, for the following questions.
6 THE COURT: Okay. Hang on.
7 MR. HARDIN: And this is going to be of the
8 second day.
9 THE COURT: You can ask the witness questions
10 about what he did or didn't observe, sir. I'm capable of
11 reviewing the testimony and determining what was in the
12 testimony--
13 MR. HARDIN: [Interposing] I understand. I
14 just thought it'd be easier if the Court knew what I was
15 getting at. That's all.
16 THE COURT: That's okay. I'm capable of
17 relating it.
19 Q: Did you ever tell Ms. Driscoll that night,
20 that her neck was red?
21 A: No.
22 Q: Did you ever say to her, yes, you and your
23 wife saw the red marks on her neck?
24 A: No.

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1 Q: If one were supposed to say they told me,
2 yes, they saw the red marks on my neck, would that be
3 true or untrue?
4 A: No, that's not true--
5 MS. MCNEICE: [Interposing] Objection. I'm
6 sorry. I didn't understand this question.
7 THE COURT: I understood it. It's appropriate.
8 Objection is overruled.
9 MR. HARDIN: Thank you very much. That's all I
10 have, Judge.
11 THE COURT: All right. Ms. McNeice?
13 CROSS-EXAMINATION
14 BY MS. CAROLYN MCNEICE
15 Q: Good morning, Mr. Terry.
16 A: Good morning.
17 Q: You indicated that Motor Racing Outreach
18 is supported by members of the NASCAR community.
19 A: Yes, ma'am.
20 Q: And that could include Mr. Busch, correct?
21 A: It could, yes.
22 Q: And you also said you just don't handle
23 that end of the business, so you're not sure who's
24 putting money in the plate and who isn't.

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CROSS-EXAMINATION OF N. TERRY BY C. MCNEICE 55
1 A: That's correct.
2 Q: Okay. As part of your ceremony--excuse
3 me. As part of your service, before each race, do you in
4 fact request contributions for the--from the
5 participants?
6 A: Yeah, we pass an offering basket, yes,
7 ma'am.
8 Q: Okay.
9 THE COURT: Sir, do your contributions
10 generally come in the form of just cash thrown in a
11 basket or?
12 MR. TERRY: No, most of them are sent directly
13 to the office.
14 THE COURT: Okay.
15 MR. TERRY: Yes.
16 THE COURT: Okay. All right. Thank you, sir.
17 You may continue.
19 Q: Where is that office, sir?
20 A: It's in Concord, North Carolina.
21 Q: Okay. When Ms. Driscoll appeared at your
22 door on the night of September 26th, you said it was
23 about 10 o'clock?
24 A: Yes, ma'am.

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1 Q: Okay. And she related to you, her concern
2 for Mr. Busch. Were you surprised?
3 A: I wasn't surprised or not surprised.
4 Q: Had she come to you in the past about her
5 concern for Mr. Busch?
6 A: Yes.
7 Q: Had you offered her counseling with regard
8 to that topic?
9 A: Yes, ma'am, yes.
10 Q: And did that concern include Mr. Busch's
11 drinking?
12 A: She had shared with me about his drinking,
13 yes.
14 Q: Had you ever witnessed him drinking?
15 A: I have not, no.
16 Q: Had you ever given her information or
17 comments about what she should do to deal with Mr.
18 Busch's drinking?
19 A: We had talked about a couple of things,
20 yes.
21 Q: A couple of things, such as what, sir?
22 A: Such as, if he would've been willing to go
23 into an AA type program or talk with anybody from
24 something of that nature.

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1 Q: Do you run any AA sessions?
2 A: I do not.
3 Q: And with regard to observing Mr. Busch
4 after a race, do you recall a race in Darlington, South
5 Carolina in roughly, May of 2012?
6 A: I do.
7 Q: And were you present when Mr. Busch was
8 reacting after a race?
9 A: I was present at the track, but not
10 present where he was at. I saw the same--just the
11 coverage on the television.
12 Q: Okay. You were not present--you were not
13 in Mr. Busch's presence--
14 A: [Interposing] Right.
15 Q: --when he was acting in a particular
16 manner.
17 A: That's correct. I was present at the
18 racetrack, but not in his presence.
19 Q: Okay. And what did you see?
20 A: I just saw a post-race altercation.
21 Q: You indicated that your wife was present
22 during your discussions with Ms. Driscoll when she
23 arrived at your trailer on September 26th, correct?
24 A: Yes, ma'am.

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1 Q: And you know that also, your wife has been
2 interviewed by the Dover Police Department with regard to
3 this particular incident.
4 A: Yes, ma'am.
5 Q: Okay. And she may be called as a witness
6 at any criminal trial.
7 A: Yes, ma'am.
8 Q: Okay. Have you also spoken with the Dover
9 Police, sir?
10 A: I have.
11 Q: And you understand that you may also be
12 called as a witness.
13 A: Yes.
14 Q: Do you know if your--or your comments and
15 discussions with the Dover Police were recorded?
16 A: I do not know that.
17 THE COURT: Did you talk to them on the phone,
18 sir, or in-person?
19 MR. TERRY: On the phone.
20 THE COURT: Okay.
21 Q: You said Patricia told you that Mr. Busch
22 grabbed her neck and pushed her head against the wall,
23 correct?
24 A: That's correct--

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1 Q: [Interposing] Is that what you recall?
2 A: Yes, ma'am.
3 Q: And that she also complained that her neck
4 hurt?
5 A: Yes, ma'am.
6 Q: Again, I believe you described an actual
7 area, where she was complaining of neck pain. Could you
8 show us again, where that was?
9 A: Yes, she just said it was here and on the
10 back.
11 THE COURT: Okay. So the first--because we
12 have to actually describe that for the record, sir,
13 because we don't--
14 MR. TERRY: [Interposing] Okay.
15 THE COURT: --videotape. We just tape record.
17 THE COURT: The first gesture that you made was
18 to your throat.
19 MR. TERRY: Yes.
20 THE COURT: And the second gesture you made was
21 to the back of your head or neck area--
22 MR. TERRY: [Interposing] Yes, sir--
23 THE COURT: --behind your head?
24 MR. TERRY: That's correct. Yes, sir, that's
Ubiqus/Nation- Wide Reporting & Convention Coverage

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1 correct.
3 Q: Okay. And you said your wife provided her
4 wit-h·.some.assistance.
5 A: Yes.
6 Q: Ibuprofen and an icepack of sorts.
7 A: Yes, ma'am.
8 Q: Correct?
9 A: Yes, ma'am.
10 Q: Or some--
11 THE COURT: [Interposing] Frozen vegetables.
12 Q: Something cold--
13 A: [Interposing] Frozen vegetables.
14 Q: Frozen vegetables. That was cold--that
15 was what you had in the freezer at the time--
16 A: That was what we had, yes, ma'am.
17 Q: I understand.
18 THE COURT: Sir, where did she apply that, the
19 frozen stuff that you gave her?
20 MR. TERRY: Right on the back of the neck and
21 lower head.
23 Q: And when you say, she, who applied that?
24 A: Patricia.

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1 Q: Did you ever speak with Kurt Busch, the
2 day following this discussion with Ms. Driscoll?
3 A: No.
4 Q: Did you see him?
5 A: Yes, I saw him on Sunday.
6 THE COURT: When you say you saw him on Sunday,
7 sir, does that mean you had a conversation with him or
8 you just witnessed him?
9 MR. TERRY: I talked to him--
11 MR. TERRY: --for 30-to-45 seconds, prerace.
12 THE COURT: Okay.
13 MR. TERRY: And prayed with him. But we did
14 not--we didn't discuss any--
15 THE COURT: [Interposing] So that was a part of
16 your blessing of the drivers?
18 THE COURT: Okay.
19 MS. MCNEICE: I have nothing further.
20 THE COURT: Okay. Mr. Hardin?
21 MR. HARDIN: Real quickly.
22 REDIRECT EXAMINATION
24 Q: This alcohol thing, was--whatever she told

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REDIRECT EXAMINATION OF N. TERRY BY R. HARDIN 62
1 you was based just on what she was telling you at
2 different times? Is that correct?
3 A: Yes, correct.
4 Q: You never saw anything about it, did you?
5 A: No, sir.
6 Q: And you had no independent evidence of it,
7 one way or the other, correct?
8 A: No, sir.
9 Q: And you never saw him even when he was
10 drinking?
11 A: No.
12 Q: All right. And did she indicate to you,
13 that alcohol was involved at all the night of the 26th?
14 A: No.
15 Q: And so when she came to your house that
16 night and was almost there an hour, she didn't suggest to
17 you at all, did she, that alcohol had anything to do with
18 the event that night.
19 A: No, sir.
20 Q: Have you ever heard any suggestion that
21 alcohol had anything to do with that night?
22 A: No, sir.
23 Q: So would you agree with me that this talk
24 about alcohol has nothing to do with September the 26th

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1 of 2014?
2 A: Yes.
3 THE COURT: Including the last series of
4 questions that you've asked the witness, Mr. Hardin.
5 MR. HARDIN: Well, I guess--we've heard all of
6 this stuff about it, unsupported by anybody except her.
7 Q: If you would just explain to us what you
8 meant about AA or a program. Was that something that she
9 was asking you about?
10 THE COURT: I think everyone needs to sort of
11 understand that because it's not alleged that Mr. Busch
12 was under the influence of alcohol when this event
13 occurred, it's not particularly relevant to me, what--the
14 extent of conversations that this witness had with Mr.
15 Busch about any alcohol issue or anything like that. It
16 really doesn't make a difference in terms of what I have
17 to decide today.
18 MR. HARDIN: I would--we would--
19 THE COURT: [Interposing] Mr. Busch could be a
20 raging alcoholic, and if it didn't impact anything that
21 happened on the occasion of this offense, then it makes
22 no difference to me. I mean, I understand, certainly,
23 that there are people in the back of the room that report
24 things, and so there are things that get out and things

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1 that don't, in testimony. And I'll allow you to run with
2 it a little bit--
3 MR. HARDIN: [Interposing] I only want to do a
4 little bit more, to address that one question she asked.
6 MR. HARDIN: I totally agree, for what it's
7 worth--
8 THE COURT: Okay.
9 MR. HARDIN: --with everything the Court said.
11 Q: - - question, which is very limited. I
12 just wondered if you could put in your own words--she
13 asked you something about alcohol, AA. So what was that
14 about?
15 A: The AA was my idea to her, when we were
16 talking about--when she had shared with me about his
17 drinking. And I never made any judgment on that, whether
18 he was an alcoholic or not. My main objective was to
19 listen and help in any way possible.
20 Q: And so if she thought there was a problem,
21 she ought to try to get him into AA. Is that what you're
22 saying?
23 A: Well, sure, I mean, absolutely. I want
24 to--if that was the case, I definitely wanted to help,

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1 but I couldn't help him unless he would have ever been
2 willing.
3 Q: And you really didn't know anything about
4 it·;·- one. way or the other, personally, did you?
5 A: I did not. I've never had a conversation
6 with Kurt about drinking alcohol, ever.
7 Q: All right. And one final thing, I wanted
8 to make sure we could get as clear as we could, the
9 wording of what she said. I think in counsel's last
10 question or two, to you about--when she said something
11 about, he put his hands on her throat. And then I had
12 written down, pushed her up against the wall, is what you
13 originally said. I think her question and her words were
14 a little bit different, so forget about the two lawyers.
15 As best you can, just repeat to us, what you remember her
16 saying to you, he did.
17 A: She said that Kurt grabbed her by the
18 throat and pushed her, pinned her back against the wall.
19 Q: Okay. Thank you.
20 MR. HARDIN: That's all I have.
21 THE COURT: All right. Any other questions
22 from counsel?
23 MS. MCNEICE: Nothing, thank you.
24 THE COURT: Okay. Mr. Terry, thank you very

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PROCEEDINGS 66
1 much for your testimony, sir. Does anyone have an
2 objection to this witness being excused or do you want
3 him to remain?
4 MS. MCNEICE: I'd ask that he remain. I
5 appreciate that that might be an inconvenience, but I--
7 MS. MCNEICE: During the break, I need to make
8 some other investigative--
9 THE COURT: Okay. All right. Sir, what we'll
10 do is, we'll ask you to remain here at the courthouse.
11 And because it's been an issue thus far, I'll explain to
12 you what sort of, the sequestration means. What that
13 means is that you can't talk to anybody about your
14 testimony, either--anybody who's likely to be a witness.
15 That's really what it amounts to. Anybody who's likely
16 to be a witness, you can't really discuss what you've
17 said in here.
18 MR. HARDIN: Your Honor, excuse me for a
19 minute. I know he has travel plans back - - witness
20 this afternoon. Could we perhaps have her give you a
21 proffer as to why she might need him and how long she
22 might--
23 THE COURT: [Interposing] What we'll do is, Ms.
24 McNeice, I'll ask you to expedite whatever consideration

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PROCEEDINGS 67
1 you may have with regard to your further needs for the
2 witness, in order that we can release him at the earliest
3 time possible.
4 MS. MCNEICE: I will do that.
5 THE COURT: Thank you.
6 MR. HARDIN: So should we take a break now?
7 THE COURT: We can do that.
8 MR. HARDIN: To have her do that.
9 THE COURT: We can do that, sure. All right.
10 We'll recess.
13 [END 436261 20140112-0955 PART2.WMA]
15 [START 435261_20140112-1100 PART3.WMA]
16 THE COURT:
17 MS. MULLINS: We're back in session. Please be
18 seated.
19 THE COURT: All right. We're hopefully back on
20 the record. Ms. McNeice, have you determined whether or
21 not you're going to need Mr. Terry further?
22 MS. MCNEICE: Thank you, Your Honor, for the
23 opportunity. We've review~d other materials and
24 determined that we will not be using Mr. Terry's

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PROCEEDINGS 68
1 testimony any further. He can be released.
2 MR. JAMES E. LIGUORI, ESQ.: Can I be excused
3 one moment?
4 THE COURT: Mr. Liguori, sure. Then we'll
5 excuse Mr. Terry with the Court's thanks.
6 [Crosstalk]
7 THE COURT: All right. Mr. Hardin, did you
8 wish to proceed in Mr. Liguori's absence or do you want
9 to wait for him to come back?
10 MR. HARDIN: I can go ahead.
12 MR. HARDIN: He'll be right back. Char is
13 Burrett [phonetic] .
14 THE COURT: Okay.
15 MR. HARDIN: Char is Burrett.
16 MS. MULLINS: Charis Burrett.
18 MS. MULLINS: Left hand on the Bible and raise
19 your right. State your full name.
20 MS. CHARIS VAN METRE-BURRETT: Charis Van
21 Metre-Burrett.
24 God?

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PROCEEDINGS 69
1 MS. BURRETT: Yes.
2 MS. MULLINS: Please spell your last name for
3 the record.
4 MS. BURRETT: V-A-N, M-E-T-R-E, B-U-R-R-E-T-T.
5 MS. MULLINS: Did you get that? One more time,
6 please.
7 MS. BURRETT: V-A-N, capital, M, E-T-R-E, B-U-
8 R-R-E-T-T.
9 THE COURT: Just for the record, ma'am, if
10 you'd spell your first name.
11 MS. BURRETT: C-H-A-R-I-S.
12 THE COURT: That's what I thought. Thank you.
13 Mr. Hardin?
15 C H A R I S VA N M E T R E B U R R E T T,
16 having been first duly sworn, testified as follows:
19 Q: Good morning. Ms. Burrett, you've already
20 started out the right way and that's speaking into the
21 microphone. So if you could just remember the microphone
22 for both the record and the Court? Appreciate it. How
23 are you?
24 A: I'm great.

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DIRECT EXAMINATION OF C. VAN METRE-BURRETT BY 70
R. HARDIN
1 Q: All right. And would you say your full
2 name again for the record?
3 A: Charis Van Metre-Burrett.
4 • ,•.1'. .Q.: .Okay. And where do you live?
5 A: I live in San Juan Capistrano, California.
6 Q: How old are you?
7 A: I'm 41-years old.
8 Q: Are you married?
9 A: Yes, I am.
10 Q: What is your husband's name?
11 A: Luke Burrett.
12 Q: And is he in the courtroom today?
13 A: Yes.
14 Q: All right. Now, at some time ago--are you
15 employed now, involved in a business?
16 A: Yes.
17 Q: And what is that business?
18 A: That business is garment, clothing
19 manufacturer.
20 Q: All right. What type of garment, clothing
21 manufacturer?
22 A: Towards the action sports and gasoline-
23 fueled motor sports industry.
24 Q: Okay. And is Kurt Busch involved in that

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R. HARDIN
1 business with you?
2 A: Yes, he is.
3 Q: In what way? What's his role?
4 A: He is a partner.
5 Q: All right. And is the business primarily
6 you and your husband?
7 A: Yes.
8 Q: And then he's a partner, a minority
9 partner?
10 A: No.
11 Q: Mr. Busch?
12 A: Not a--a minority partner, yes.
13 Q: Yes, okay. And before that, before your--
14 what's your current company called?
15 A: Panic Switch Army and C7 Distribution.
16 Q: And were you and your husband in an
17 apparel type business before that?
18 A: Yes, since 1993.
19 Q: From 1993 until when?
20 A: Until 2010, when we sold the company.
21 Q: And what was the name of that company?
22 A: Silver Star Casting Company.
23 Q: All right. Now, was Mr. Busch involved in
24 that one?

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R. HARDIN
1 A: No, sir.
2 Q: All right. Now, are you familiar with
3 Patricia Driscoll?
4 A: Yes.
5 Q: And do you see her in the courtroom today?
6 A: Yes.
7 Q: Would you point her out for the record?
8 A: Right here to my left.
9 Q: To your left.
10 MR. HARDIN: And the record will reflect that
11 she's identified the Plaintiff.
12 THE COURT: It will so reflect.
13 MR. HARDIN: Petitioner.
14 Q: How long have you known her?
15 A: I've known her since 2008.
16 Q: And have you known her longer than Mr.
17 Busch?
18 A: Yes.
19 Q: Approximately how long ago did you meet
20 Mr. Busch?
21 A: Approximately, almost four years ago.
22 Q: All right. So would it be accurate to say
23 that you and your husband were friends of Ms. Driscoll,
24 before you were friends with Mr. Busch?

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R. HARDIN
1 A: Yes.
2 Q: And how long were you friends with her
3 before you became friends with Mr. Busch?
4 A: Approximately three years.
5 Q: And at the time you first met her, was she
6 married to someone else?
7 A: Yes.
8 Q: Do you happen to know that person's name?
9 A: Yes.
10 Q: What?
11 A: Geoff Hermanstorfer.
12 Q: All right.
13 A: If I said that--
14 Q: [Interposing] We will get the spelling for
15 the Court reporter, before it's over. And were you
16 around them as a couple?
17 A: Yes.
18 Q: How often?
19 A: One time,
20 Q: All right. And when you first met
21 Patricia, do you recall where you were?
22 A: Yes.
23 Q: Where?
24 A: It was at my office in Irvine, California.

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R. HARDIN
1 Q: Okay. And was that a business meeting or
2 what?
3 A: Yes, a business meeting.
4 Q: In what sense? What were you going to be
5 doing with her in a business sense?
6 A: Working with her in the Armed Forces
7 Foundation, as the charity of choice for our company,
8 Silver Star.
9 Q: Okay. And so how would that work? What
10 would you do with the Armed Forces Foundation?
11 A: We were producing, manufacturing T-shirts
12 for her foundation, as well as, using the logo on all of
13 our products, and giving back to the organization through
14 sales.
15 Q: Okay. And then when was the next time you
16 saw her after that first meeting?
17 A: Approximately two days later.
18 Q: And do you recall where and what the
19 circumstances were?
20 A: Yes, we went out to dinner.
21 Q: And who else was at the dinner besides you
22 and she?
23 A: Her assistant, I believe it was an
24 assistant or business partner at the time.

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R. HARDIN
1 Q: Was it a woman?
2 A: Yes.
3 Q: Named what?
4 A: Christina [phonetic] .
5 Q: All right. And was your husband with you?
6 A: Yes.
7 Q: So how many of you had dinner that
8 evening?
9 A: Four.
10 Q: And which city were you in?
11 A: We were in Newport Beach, California.
12 Q: How long were you together that night?
13 A: Approximately two hours.
14 Q: Was this before you met Kurt Busch?
15 A: Yes.
16 Q: Did you and your husband at that time have
17 any dealings with NASCAR?
18 A: No.
19 Q: Okay. And so if I jump forward from that
20 time, how far in the future was it, before you had any
21 connection with NASCAR?
22 A: Not until we met Patricia.
23 Q: Okay. Well, now you were meeting her that
24 night, but at that time, you did not have any connection

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R. HARDIN
1 with NASCAR?
2 A: Correct.
3 Q: All right. Now, during the course of this
4 meeting, would you--you would say from today's date, it
5 was probably how far back?
6 A: Seven years.
7 Q: All right. And in that meeting, did she
8 tell you what her other jbb was, besides the Armed Forces
9 Foundation?
10 A: Yes.
11 Q: What'd she tell you?
12 A: That she was a--some sort of operative for
13 the CIA, and worked for the military--
14 MS. MCNEICE: [Interposing] Objection to the
15 relevance of whatever was said. In fact, I object to the
16 relevance of this witness. She will not in any way, I
17 would suggest, be able to assist the Court in making a
18 determination of the ultimate issue of fact, that is,
19 what happened on September 26th in Dover, Delaware?
20 THE COURT: Mr. Hardin, the objection is to
21 relevance of whether or not the Petitioner, Ms. Driscoll,
22 asserted to this witness at some point in time, that she
23 was a CIA operative.
24 MR. HARDIN: Well, if I could make a proffer as

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R. HARDIN
1 to what she would say and then the Court could decide
2 whether to consider it or not.
3 THE COURT: Sure.
4 MR. HARDIN: Would that be all right?
7 Q: So would you, in your own words, just tell
8 us what the conversation was, for the Court to decide
9 whether to disregard it or not?
10 MS. MCNEICE: I would suggest that that's not a
11 proffer.
12 THE COURT: [Laughter]. Okay. Well, it's not
13 an ordinary course of a proffer. Obviously, this isn't a
14 jury trial and I can sort of disregard testimony that I'm
15 obliged to disregard. But in terms of--is this it for
16 this witness' testimony, is about this conversation, Mr.
17 Hardin, where the Petitioner alleged that she was a CIA
18 operative?
19 MR. HARDIN: No, it's not just CIA operative--
21 MR. HARDIN: - - proffer of what the witness
22 would testify to--
23 THE COURT: Sure.
24 MR. HARDIN: --as in this conversation, she

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R. HARDIN
1 described killing drug lords, that she was working
2 undercover, and that's what she did regularly.
3 THE COURT: Okay.
4 MR. HARDIN: She talked about--she showed a big
5 scar that she claimed was from a drug - - cutting her
6 open. She talked about poisoning drug people. She
7 talked about working undercover for two years, and then
8 coming back, and they in turn--she ultimately succeeded
9 in poisoning the man that gutted her in a bar.
11 MR. HARDIN: She went into great extent about
12 all of this, and even asked--told this woman that she
13 would be a good undercover operative to work with her.
14 It wasn't just the CIA. It was the government, itself.
15 She talked about being a government assassin.
16 THE COURT: And this was seven years--
17 MR. HARDIN: [Interposing] Eight years later.
18 But she didn't stop making those contentions is my point.
19 And the final part of the proffer was that she talked in
20 terms--there are other areas that she would talk about,
21 that she would talk about using her son as sort of a
22 wedge with Kurt and so on.
23 And some of the things that have floated
24 through the case--our contention through this whole

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R. HARDIN
1 matter, Your Honor, as you know, I'm sure, is that this
2 man--woman has fabricated things across the board, to
3 suit whatever particular need she had at the time, and
4 much of it was stuff of fantasy.
5 And what he will tell you is that
6 unfortunately, she was so persuasive, he believed a lot
7 of it. He believed a lot of what this witness is going
8 to say. And that had a lot to do with the way he treated
9 her. It had a lot to do with why he wouldn't have been
10 aggressive with her that night in the bedroom, the way
11 she claims he was, because of his perception. That was
12 the whole idea behind the video that we offered to the
13 Court. And so this is all part of a package.
14 THE COURT: Ms. McNeice?
15 MS. MCNEICE: I appreciate that the Defense has
16 presented an ongoing case that is filled with insults and
17 slams in an attempt to my client appear to be completely
18 incredible and without any truth.
19 Again, this particular witness testified that
20 eight years ago, before she met Kurt Busch, she heard
21 some conversations from my client. And I would suggest
22 that this has absolutely nothing to do with this
23 incident, and it cannot assist the Court in making this
24 determination of fact.

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R. HARDIN
2 MR. HARDIN: If I may, Your Honor?
3 THE COURT: Yes.
4 MR. HARDIN: There's a thread through here.
5 Eight years ago, if you'll recall--
6 THE COURT: [Interposing] A very thin one.
7 MR. HARDIN: Pardon me?
8 THE COURT: A very thin one.
9 MR. HARDIN: Well, it depends upon, obviously,
10 the perception of the listener. The thread is that all
11 along, this woman manipulated him. But particularly, in
12 the situation that she's talking about, when he--she
13 testifies to being afraid, of him threatening her, him
14 being crazy, and all of that stuff.
15 The fact is that the way this woman presented
16 herself to this woman, a fr~end, and others is totally
17 inconsistent .with a woman who would have had that
18 reaction. And our contention all along is that it's a
19 fabricated story, and there's a long history of her doing
20 that kind of thing. Whether she is relating being an
21 assassin--she said she was a sniper. She said she's
22 killed drug lords.
23 If you'll recall, the driver of the bus, or the
24 truck, or the residence, he said that she told him, she

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R. HARDIN
1 had taken down governments, and that was all very recent.
2 And so it all goes to the credibility of whether she can
3 be believed about this particular incident, to which
4 there were no other witnesses.
5 THE COURT: Well, okay, here's the deal. You
6 may impeach the credibility of a witness based on their
7 reputation for veracity. But what the Court is not going
8 to permit you to do is to parade in front of the Court,
9 every person to whom the witness has ever told a tall
10 tale or a lie. That's not the appropriate method of
11 impeaching a witness' credibility.
12 To be honest, in terms of temporally, this is
13 too remote for me, to find relevant. And I don't think
14 it's appropriate for me to admit testimony with regard to
15 tall tales that someone told to an individual many years
16 ago, and try to relate that to the individual's
17 credibility here.
18 Certainly, Mr. Busch can testify during his
19 testimony with regard to things that Ms. Driscoll may
20 have told him, that may have impacted their relationship.
21 But I find this far too--
22 MR. HARDIN: [Interposing] That's fair enough.
23 THE COURT: --attenuated.
24 MR. HARDIN: All right. That's fair enough.

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R. HARDIN
1 Let me move to just one question then about it.
2 MS. MCNEICE: Excuse me, Your Honor.
3 THE COURT: Yes.
4 MS. MCNEICE: I thought that you just ruled
5 that her--
6 THE COURT: [Interposing] I haven't excluded
7 the witness' testimony. I have excluded that particular
8 aspect of this conversation that they had about Ms.
9 Driscoll supposedly being a CIA agent. I've heard that,
10 what was it, Julia Child might have been a CIA agent at
11 some point in time, too. Because the CIA is who the CIA
12 is, we really don't know who their agents are.
13 MS. MCNEICE: As I indicated, I have an ongoing
14 objection to her testimony as being irrelevant and--
15 THE COURT: [Interposing] I understand. We'll
16 see i£ she's got something relevant to say--
17 MS. MCNEICE: [Interposing] And at the very
18 best, it is nothing more than cumulative and just adding
19 onto the Defense's strategy.
20 THE COURT: Well, I get that, but we'll see if
21 the witness has something relevant to say. Mr. Hardin?
22 Q: You've known her for eight years?
23 A: Just under eight years.
24 Q: And are you familiar with her reputation

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R. HARDIN
1 for truthfulness?
2 A: Yes.
3 Q: And do you also have an opinion as to her
4 truthfulness?
5 A: Yes.
6 Q: What is that opinion--
7 MS. MCNEICE: [Interposing] I'm going to object
8 again as to relevance.
9 MR. HARDIN: No, no, that's--
10 THE COURT: [Interposing] Well, that's
11 relevant. That's an appropriate basis for impeachment of
12 a witness. You may, ma'am.
13 Q: What is that opinion? Is she entitled to
14 be believed under oath?
15 A: No.
16 MR. HARDIN: That's all I have, Judge.
18 MS. MCNEICE: No cross-exam, thank you.
19 THE COURT: All right. Thank you, ma'am, for
20 your testimony. You are excused with the Court's thanks.
22 MR. HARDIN: May the witness be released from
23 the room, Your Honor?

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PROCEEDINGS 84
1 MS. MCNEICE: I apologize, Your Honor.
2 THE COURT: The request is for the witness to
3 be excused.
4 MS. MCNEICE: I do not intend to call her.
5 THE COURT: Okay. Then the witness is excused.
6 All right. Mr. Hardin?
7 MR. HARDIN: May I have just a second?
8 THE COURT: Sure.
10 THE COURT: Absolutely. If you need a recess,
11 let me know and we'll take one.
12 MR. HARDIN: I need no more than three minutes,
13 but if you've got three minutes--
14 THE COURT: [Interposing] We can do that.
15 MR. HARDIN: That would be good.
16 THE COURT: We can do that.
17 MR. HARDIN: Thank you, Judge.
18 THE COURT: Let us know when you're ready.
20 [END 436261_20150112 PART3.WMA]
22 [START 436261 20150112-1130 PART4.WMA]
23 MS. MULLINS: The Court is back in session.
24 Please be seated.

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PROCEEDINGS 85
1 THE COURT: All right. Good morning, everyone.
2 We're back on the record.
3 MR. HARDIN: Kristy Cloutier.
4 THE COURT: Okay.
5 MALE VOICE: Cloutier, Kristy Cloutier.
6 MS. MULLINS: Kristy Cloutier.
8 MS. MULLINS: Left hand on the Bible and raise
9 your right. State your full name.
10 MS. KRISTY LYNN CLOUTIER: Kristy Lynn
11 Cloutier.
14 God?
15 MS. CLOUTIER: I do.
16 MS. MULLINS: Please spell your last name for
17 the record.
18 MS. CLOUTIER: C-L-0-U-T-I-E-R.
19 MS. MULLINS: Thank you.
20 THE COURT: Good morning, ma'am. Mr. Hardin,
21 you may proceed.
23 K R I S T Y L Y N N C L 0 U T I E R, having
24 been first duly sworn, testified as follows:

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DIRECT EXAMINATION OF K. CLOUTIER BY R. HARDIN 86
3 Q: State your name, please.
4 A: Kristy Cloutier.
5 Q: I said Cloutier and you pronounced it
6 Cloutier.
7 A: Yes.
8 Q: Okay. I'm sorry.
9 THE COURT: We have in town in Kent County that
10 we pronounce Houston [phonetic] as well, sir.
11 MR. HARDIN: [Laughter]. Thank you, Judge.
12 Q: How old a lady are you?
13 A: I am 40.
14 Q: And where do you live?
15 A: Morrisville, North Carolina.
16 Q: Where'd you grow up?
17 A: I grew up in New Hampshire.
18 Q: And when did you move to North Carolina?
19 A: In 1998.
20 Q: And what was the reason for moving to
21 North Carolina?
22 A: I was going through some relationship
23 issues and picked a place on the map and--
24 Q: [Interposing] Now, there's a microphone in

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1 front of you, so if maybe--
2 A: [Interposing] Oh, okay, sorry.
3 Q: --you can sort of lean--there you go.
4 THE COURT: You're fine. You don't have to be
5 right on top of it, ma'am. As long as you speak in its
6 direction, i t ' l l pick you up.
7 MS. CLOUTIER: Okay. Thank you.
8 Q: So you moved to North Carolina. And what
9 type of work did you do?
10 A: I was working for Roush Racing in their
11 merchandising department--
12 Q: [Interposing] I'm going to slow you down.
13 This is recorded and ultimately, it's reduced to writing.
14 A: Okay.
15 Q: So if you could just go a little bit
16 slower? Roush Racing.
17 A: Yes.
18 Q: Tell who that is for the record.
19 A: Roush Racing owns NASCAR Cup Teams, and at
20 the time, it was Chad Little [phonetic], and Jeff Burton,
21 and a couple of others, Mark Martin. And I worked in the
22 merchandising department.
23 Q: Okay. And how long did you work for them?
24 A: I worked for them for five years.

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1 Q: All right. And then when did you meet
2 Kurt Busch?
3 A: I met Kurt when I transferred to the 97
4 Race Team. in the accounting department, and he was coming
5 in as the new driver for Chad Little.
6 Q: All right. So that was with Roush Racing?
7 A: Yes.
8 Q: All right. And what was your background
9 as far as your training - - accounting or anything?
10 A: I had worked at a local North Country Ford
11 dealership in New Hampshire, doing their accounts
12 receivable and their accounts payable, and also, title
13 clerk. And I had gone to school for business management
14 for one year, and that's my background.
15 Q: All right. And then did you ultimately go
16 to work for Kurt, individually?
17 A: Yes, I did in 2003.
18 Q: And when you started working for him in
19 2003, what did your position become?
20 A: My position became administrative
21 assistant/personal assistant.
22 Q: Was he married at the time?
23 A: No.
24 Q: All right. And then do you recall what

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1 year he got married?
2 A: He got married in 2006.
3 Q: Now, tell us exactly what all you did for
4 him . . By the time we got to 2006, what was your job?
5 A: My job was to arrange all of his travel,
6 take care of all of his fan mail, take care of all of his
7 accounting, whether i t was accounts receivable, accounts
8 payable. I handled all of the motor coach requests to
9 each race tracking, knowing that their coach is coming
10 for a parking space. I handled the online store, sent
11 out the online orders for his merchandise, and all the
12 filing, answering the telephone.
13 Q: Is there anyone else that does those
14 things with you or do you do it by yourself?
15 A: At this time, I am by myself.
16 Q: All right. So from 2003, is it, until
17 now?
18 A: Yes.
19 Q: And how often would you see or deal with
20 him each week?
21 A: On a typical, normal week, I would see him
22 three-to-four times a week.
23 Q: All right. And when you managed--when he
24 traveled, would you travel with him on the--to the races?

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1 A: I did early in his career, only because I
2 was the scorer of the car, so I kept track of the laps--
3 Q: [Interposing] Because you what?
4 A: I was the team scorer.
5 Q: What does that mean?
6 A: It keeps track of the laps. They have an
7 electrical on them, and we would go around and we would
8 push a button and have to write a number down, so we were
9 a back-up to the electric. And then when they did away
10 with it, I got done in--2006 was my last year.
11 Q: Okay. So up until 2006, you would travel
12 with him?
13 A: I would only on race day with the team.
14 Q: Okay. Now, in an average year, he would
15 be in how many races?
16 A: Thirty-eight.
17 Q: Pardon me?
18 A: Thirty-eight races.
19 Q: All right. And during all this time,
20 would you consider that you had become very close to him?
21 A: Yes.
22 Q: Does he or you, one or the other,
23 sometimes refer to you as like a big sister?
24 A: Yes, and I consider him my little brother.

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1 Q: All right. And how many years apart are
2 you?
3 A: We're actually--'78, so he's what, 36, so
4 there's four years difference.
5 Q: All right. How would you describe him in
6 your working relationship?
7 A: My working relationship, he can be a hard
8 boss sometimes. He knows what he wants, and when he
9 wants it, he wants it now. His compassion for his job
10 and his people sometimes overwhelm him and he doesn't
11 know what to do with that.
12 Q: The Judge has seen a text or so that talks
13 about he's not sometimes good with words, him saying
14 that. Have you heard that or seen that about him?
15 A: Yes, sometimes--
16 Q: [Interposing] And what--
17 A: --he will speak before he thinks, but
18 that's just him. That's just who he is, and sometimes,
19 you've just got to let it roll off your back and move on
20 to the next thing.
21 Q: Well, there's been a lot of talk in this
22 hearing before the Judge about his drinking. Do you
23 consider that he has a drinking problem?
24 A: I don't believe he has a drinking problem.

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1 At one point in his life, did he drink heavily? Yes, but
2 he was going through a rough patch.
3 Q: And when was that?
4 A: That was when he was going through his
5 divorce.
6 Q: All right. And how long ago was that?
7 A: That was in 2011.
8 Q: And so how long did that rough patch last?
9 A: It lasted about a year, year and a half.
10 Q: All right. And then what about the last
11 two-or-three years?
12 A: He hasn't drank hardly anything.
13 Q: Do you ever see him drinking on race day
14 or during race week? I'm going to define race week as
15 Thursday through Sunday.
16 A: No.
17 Q: Never?
18 A: No.
19 Q: And during this period of time--well, for
20 the last three-or-four years, have you seen him have any
21 type of situation that you were concerned about with
22 alcohol?
23 A: Maybe a couple of--one time, you know, not
24 being able to get up to do something because he had drank

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1 the night before with friends, but other than that, no.
2 Q: And how often was that?
3 A: Maybe once or twice.
4 ,, Q: What period of time?
5 A: Like, on a Monday or a Tuesday--
6 Q: [Interposing] No, what period of years,
7 that once or twice, during what stretch?
8 A: Oh, in like, over a year's period of time.
9 Q: Okay. Now, when did you first meet
10 Patricia?
11 A: I met Patricia in 2010.
12 Q: And when you met her, do you recall how or
13 where?
14 A: I met her in Philadelphia at a Philly
15 cheese steak place.
16 Q: Okay. And at the time, was Kurt dating
17 anybody in particular?
18 A: He was married.
19 Q: All right. And then do you recall when he
20 separated from his wife?
21 A: He separated from Eva the 1st of 2011.
22 Q: All right. Does North Carolina have a--
23 and was a divorce filed sometime there?
24 A: It was filed in February of 2012.

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1 Q: Filed or final?
2 A: The final was--he separated from Eva in
3 2011. In the State of North Carolina--
4 Q: [Interposing] That's what I was asking--
5 A: --you have to be separated a year before
6 you can go for the final divorce.
7 Q: All right. So let's back up. Then that
8 was intended--maybe I didn't ask it correctly. His
9 separation for his wife was when?
10 A: 2011.
11 Q: All right. And then his divorce was when?
12 A: 2012.
13 Q: All right. Now, from that time forward
14 until now, how often would you say that you dealt with
15 Patricia?
16 A: I would deal with her sometimes on a daily
17 basis, just depending on what was going on with their
18 travel or what they had going on for appearances.
19 Q: How would you describe your relationship
20 with her?
21 A: It was very stressful at times.
22 Q: Why is that--
23 A: [Interposing] We butted heads.
24 Q: Why is that?

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1 A: She's a very demanding person and always
2 wants everything her way, so sometimes--I'm sometimes
3 bullheaded too, so I want to do things my way.
4 Q: Were there certain things that you had
5 always managed for and that she took over?
6 A: Yes, I would always--I've always done his
7 scheduling on his calendar, and it turned into
8 eventually, we'd have to check with her calendar, and
9 we'd always meet, the three of us, and do the calendar.
10 Q: And why was that?
11 A: And they dictated what went on there,
12 instead of me just seeing an opening and being able to
13 put something--
14 Q: [Interposing] Why was that? Who took over
15 the scheduling ultimately?
16 A: Ultimately, Patricia did. Everything--
17 Q: And how--
18 A: --revolved around her schedule.
19 Q: And why did that happen? Why did she
20 ultimately take it over--
21 THE COURT: [Interposing] If you know why, you
22 can explain.
23 Q: Yeah, I'm asking why she--
24 A: [Interposing] She's a very controlling

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1 person and has to be in control of everything.
2 Q: And so you
3 A: Uh-huh.
4 Q: All right. There's no--
5 A: [Interposing] Yes, I did.
6 Q: There you go.
7 A: Sorry.
8 Q: All right. Now, as we get close to--if we
9 go through the year 2014.
10 A: Yes.
11 Q: Did you--by the way, during this period of
12 time, did you become familiar with her son, Houston?
13 A: I did.
14 Q: How would you describe Houston and Kurt's
15 relationship?
16 A: Kurt loved Houston and Houston loved Kurt.
17 They did things together. Kurt was always thinking of
18 Houston, and he just--he loved that little boy.
19 Q: All right. Now, what about bills? There
20 had been testimony that she paid all her own bills. Kurt
21 didn't do anything to contribute to her financially, but
22 she was responsible for all her own finances and
23 everything. If that were the--if someone would say that,
24 would that be accurate?

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1 A: May I ask a question? Is that like,
2 electrical and overhead or is that trips, and jewelry,
3 and things like that?
4 Q: Ah, well, let's separate out the two, and
5 tell us why you're telling about the distinction.
6 A: Okay.
7 THE COURT: And maybe you could just let us
8 know if you paid bills for Ms. Driscoll on behalf of Mr.
9 Busch.
10 MS. CLOUTIER: I paid hotel bills and airline
11 tickets.
12 THE COURT: Uh-huh. Okay.
13 Q: And then when you say jewelry, do you mean
14 you paid for gifts?
15 A: Yes.
16 Q: All right.
17 THE COURT: And how would that work? Would Mr.
18 Busch say, I want to buy this gift for Ms. Driscoll, can
19 you do--how did that--
20 MS. CLOUTIER: [Interposing] He would have a
21 credit card.
23 MS. CLOUTIER: So he usually would pay for
24 everything on his credit card, and then I reconciled the

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1 bill when it came in.
3 MS. CLOUTIER: You're welcome.
4 THE COURT: Mr. Hardin.
5 Q: And then during the period of time when we
6 get up to September of 2014.
7 A: Yes.
8 Q: Okay. What do you recall about a race in
9 New Hampshire, the weekend of September the 21st? Which
10 I'll represent to you, that is a Sunday. What were you
11 familiar with was to be the plan for that weekend and the
12 week after?
13 A: That week after the New Hampshire race,
14 they were going to be traveling the New England states,
15 going to Rhode Island and Connecticut, and then ending up
16 on Thursday in New York for Kurt to do an appearance for
17 the Armed Forces Foundation.
18 Q: Do you recall who he was doing that
19 appearance with on that Thursday?
20 A: He was doing it with the Weather Channel.
21 Q: All right. Now, and who had lined up the
22 arrangement for the Weather Channel, do you know?
23 A: The Armed Forces Foundation and ExitlO
24 Marketing.

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1 Q: All right. And then do you recall what
2 the special occasion was going to be for New Hampshire,
3 as to why they were going to take this week up--through
4 .New England?
5 A: It was considered like, their anniversary,
6 when they first met each other.
7 Q: All right. And your understanding as to
8 when--the month and year that they first met was when?
9 A: In September 2010.
10 Q: Okay. And did you actually make
11 reservations for them?
12 A: I did. I booked one of the hotels in
13 Rhode Island.
14 Q: In where?
15 A: Rhode Island. It's on a credit card.
16 Q: Okay. And then when did you--there had
17 been testimony about a disagreement they had, or a split-
18 up they had on the 21st of September, that Sunday.
19 A: Yes.
20 Q: When did you first become aware of
21 whatever may have happened there?
22 A: I got a phone call from Ms. Driscoll on
23 Sunday evening--
24 Q: [Interposing] You got a call from who?

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1 A: Patricia Driscoll.
2 Q: Okay.
3 A: On Sunday evening after the race.
4 Q: All right. Let's stop. That would be
5 September 21st--
6 A: [Interposing] At the New Hampshire race.
7 Q: What time did you get the phone call from
8 her?
9 A: It had to be--it was after the race and
10 they had already gone to--they were in Boston, so it had
11 to have been 6:00, 7 o'clock in the evening.
12 Q: Okay. And what did she tell you?
13 A: She was crying hysterically, saying that
14 her and Kurt just had an argument and that she left him
15 at the airport, and she didn't know what to do, and she
16 had the rental car. And I told her to settle down and
17 get to a hotel. I would try to get a hold of Kurt to
18 find out what was going on, and hopefully, everything
19 would be okay, just to calm down.
20 Q: All right. Who had rented the car? Whose
21 name was the rent car in?
22 A: Kurt Busch.
23 Q: And she told you that she still had it?
24 A: Yes, she did.

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1 Q: So then what happened?
2 A: So then I called Kurt and he actually
3 answered the phone. I asked him if he was okay. He
4 said, yes. I asked him where he was, and he told me he
5 was at the airport. I asked him what he was going to do.
6 He said he didn't know. He said that he was going to be
7 okay and that he would check in with me later on.
8 Q: All right. Did you call Patricia back?
9 A: I did.
10 Q: Did you reach her?
11 A: I did reach her.
12 Q: And where was she, do you know?
13 A: She was at a hotel.
14 Q: And do you know which--
15 A: [Interposing] Driving--I'm not sure if she
16 was still driving or she was at the hotel, but she was--I
17 got her on her cell phone.
18 Q: What did you and she in that conversation?
19 A: I told her that I had talked to Kurt, that
20 she needed to let him be himself--be by himself for a
21 while. Let's wait until the morning and see what
22 happens. And I didn't know where he was going or what he
23 was doing.
24 Q: Did she say anything about them having

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1 broken up or did she indicate that at all?
2 A: She just kept saying that they had gotten
3 in an argument and he said it was done and--
4 Q: [Interposing] That he said what?
5 A: That it was done and that he couldn't do
6 it anymore.
7 Q: All right. And did she tell you how she
8 felt about that, one way or the other?
9 A: She told me that she really loved him, and
10 that she didn't want things to end, and that she was
11 there for him, and that she supported him 100 percent.
12 Q: Did she say anything to you about how she
13 was afraid of him?
14 A: No.
15 Q: Did she say anything to you about how he
16 had caused her any pain or injury in any way during this
17 argument?
18 A: She had said that he yanked the steering
19 wheel off--not the steering wheel, the rearview mirror
20 off the windshield.
21 Q: Yes, I was asking about her. Did she say
22 anything about him having caused any pain to her?
23 A: No.
24 Q: Did she say anything about him having done

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1 anything to her during :this disagreement--
2 A: ·.[Interposing] She had mentioned something
3 about a seatbelt.
4 Q: Do you remember what she said?
5 A: Something about he wrapped it around her
6 neck or something to that effect. I don't know because I
7 let it go in one ear and out the other.
8 Q: Well, let's try to think about it. What
9 do you remember?
.10 A: She ·said that he used the seatbelt around
11 her neck.
12 Q: All right. And did she say what that did
13 or how that happened or anything?
14 A: No.
15 Q: And what did--
16 A: [Interposing] She just said they were
17 arguing and that's what happened.
18 Q: And when she said that he put the seatbelt
19 around her neck, did she indicate any--whether that was
20 on purpose or not or anything?
21 A: No, that's all she said.
22 Q: And did she say she was hurt in any way?
23 A: No.
24 Q: All right. So what was your reaction when

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1 you heard that? Did you take that--how did you take
2 that?
3 A: I just took it as, okay. I mean, I didn't
4 believe it, so I didn't comment on it. I didn't say
5 anything. I just told her to get to the hotel, calm
6 down, and let's figure out it tomorrow.
7 Q: And why didn't you believe it?
8 A: Because me, personally, honestly, I don't
9 believe anything Patricia says.
10 Q: Why is that?
11 A: Because it seems like every time she says
12 something, it's a lie, and she just tries to--I don't
13 know. I just didn't believe her because that's not Kurt.
14 Q: What do you mean, it's not Kurt?
15 A: Kurt is a compassionate, caring man, and
16 sometimes he comes off as very hard because he doesn't
17 know how to let people know that he's caring and he's an
18 emotional--he's emotional and has feelings, so he comes
19 off as a hard ass.
20 Q: Well, what about all this talk you hear
21 sometimes about his temper? How would you address that?
22 A: Yeah, he has a temper. Yeah, he might
23 throw something every now and then. I mean, I do the
24 same thing in my office if I get mad. But at any time,

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1 I've never felt threatened by him.
2 Q: You know later that we're going to get to,
3 that she's alleged in this case that he physically abused
4 her.. ~·
5 A: Yes.
6 Q: Does that particular type of allegation
7 carry tremendous significance to you, personally?
8 A: Yes, it does.
9 Q: Why?
10 A: I moved to North Carolina in 1998 because
11 I was in an abusive relationship with my ex-boyfriend,
12 and I waited too long--I never told anybody. I never
13 went anywhere. It was like, two-to-three weeks
14 afterwards, and decided that I needed to make a change
15 for myself, and I couldn't do it by staying in my
16 hometown, seeing him and running into him all the time.
17 And it was time for me to move, so I moved to North
18 Carolina.
19 Q: Is the issue of men physically abusing
20 women, a very, very personal, emotional issue for you?
21 A: Yes, it is.
22 Q: So how would you describe your attitude
23 toward it?
24 A: I am totally against it.

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1 Q: And you recognize then--are we to
2 understand from your testimony, that sometimes women
3 either don't report it or delay in reporting it?
4 A: Yes.
5 Q: And that that by itself doesn't mean it
6 did not happen, correct?
7 A: Correct.
8 Q: So in your case, did you ever report it?
9 A: No.
10 Q: And how long a period of time did it go
11 on?
12 A: It went on for like, two years.
13 Q: So would you agree that you are empathetic
14 or sympathetic to the possibility of it happening, even
15 when it's not reported?
16 A: Yes.
17 Q: So now let's go to why you wouldn't
18 believe her in this case. And my question is this, if
19 you concede that sometimes women who have been physically
20 abused do not report it either timely or at all, you
21 agree that that doesn't mean, in and of itself, it didn't
22 happen, correct?
23 A: Correct.
24 Q: Well, what is it about this situation then

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1 with Kurt and Patricia that makes you so certain it
2 didn't happen?
3 A: Because she called different people when
4 this supposedly happened, of the Dover Race. The last
5 time I heard from Patricia was the Wednesday before the
6 Dover Race. Usually, she'll call me and let me know if
7 something happens, or if they're having issues, or
8 anything like that, and I--she never reached out.
9 Q: What about your observations of the two of
10 them in terms of why--what is your view as to Kurt and to
11 whether he would physically abuse her?
12 A: I don't believe Kurt would physically
13 abuse her.
14 Q: Why?
15 A: Because that is not in his state. That's
16 not the person that he is.
17 Q: Well, what about Patricia makes you so
18 certain that you would not believe her?
19 A: I have seen her in different aspects, and
20 for somebody--if that had happened, she would have
21 immediately done something about it.
22 Q: Why? What do you mean?
23 A: ·She doesn't wait around to do anything.
24 When she needs to have something done, she's going to do

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1 it then and there.
2 Q: How long was it into your relationship
3 with her, that you began not to believe her about things?
A: It was about a year.
5 Q: And why? What gave rise to it?
6 A: I received an email from one of her
7 employees, stating how much of a bitch I was and how they
8 just needed to give me information that I needed to get
9 something done.
10 Q: Let me see if I understand. You mean, one
11 of her employees passed onto you, an email from her to
12 them?
13 A: Yes.
14 Q: Okay. And so how long before this
15 incident happened was that? How long before September
16 26th of last year, was it that you received that email?
17 A: Two years.
18 Q: And from then on, how did you deal with
19 Patricia?
20 A: I dealt with her--I let her stay in
21 control, like she was in control. I didn't ask any
22 questions. I didn't try to buck the system. I just did
23 whatever I was told, whether right, wrong, indifferent.
24 If I thought it needed to be done a different way, I

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1 didn't--just so that it would run smoothly.
2 Q: How would you describe her and Kurt's
3 relationship?
4 A: I would describe their relationship like a
5 puppeteer and a puppet.
6 Q: How do you mean?
7 A: Patricia was the puppeteer in telling him
8 exactly what to do, when to do it, and Kurt was the
9 puppet.
10 Q: Did you ever talk to him about that?
11 A: I tried to, but he got defensive about it
12 and didn't want to discuss anything. And I knew better,
13 I just let it go.
14 Q: So who in-charge of their relationship?
15 A: Patricia.
16 Q: Any question about that?
17 A: No.
18 Q: Now, as time went on, how would you
19 describe her involvement in his profession?
20 A: She was heavily involved in his
21 professional career.
22 Q: How?
23 A: She was always making phone calls, sending
24 out emails to different people, talking to reporters,

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1 talking to marketing companies, trying to get him to do
2 things. He also was the ambassador for the Armed Forces
3 Foundation, so he did a lot of appearances with her, for
4 that.
5 Q: When you talked to her on that Sunday and
6 told her to go to a hotel, when was the next time you
7 talked to her?
8 A: I talked to Patricia in the middle of the
9 week. I'm not sure if it was a Tuesday or a Wednesday.
10 I believe it was Wednesday--
11 Q: [Interposing] And how did--excuse me. And
12 how did you talk to her, by text or by phone?
13 A: By telephone. She called.
14 Q: And where was she calling from according
15 to the phone?
16 A: According to the phone, she was calling
17 from an 860 number, which is a Connecticut number.
18 Q: All right. And that Connecticut number,
19 was that--did you go back and check if that's from a
20 hotel that you had prepaid for?
21 A: It was a landline and it looked--I do not-
22 -it was a landline for a hotel.
23 Q: And during this week that was supposed to-
24 -did you end up prepaying for some of the places they

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1 were going to go?
2 A: Yes, some of the hotels were prepaid on
3 Kurt's credit card.
4 .Q :. Now, back when she told you on Sunday, she
5 loved him and she didn't want to break up, did she give
6 any indication that she was scared, other than the
7 relationship was over as far as she was concerned?
8 A: No.
9 Q: What did she say instead? What did she
10 indicate about what she wanted from the relationship
11 going forward?
12 A: She wanted to be with Kurt and she wanted
13 things to work out.
14 Q: Now, what happened--this rent car that she
15 drove off from the airport on Sunday in Boston, what
16 happened to it?
17 A: The rental car was returned on Thursday in
18 New York City to Hertz, and the left front driver's side
19 fender was completely damaged. It had been in an
20 accident.
21 Q: Well, so after she left him at the airport
22 in Boston and took off in his rent car, did she continue
23 to take the trip they had originally planned?
24 A: Yes.

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1 Q: And so then after--and who paid for that
2 trip?
3 A: Some of it was paid for by Kurt.
4 Q: And after that trip was over and the car
5 was returned, did you talk to her about the condition it
6 was ln afterwards?
7 A: No.
8 Q: Why?
9 A: I didn't know anything about the vehicle
10 until I got the paperwork from Hertz with the pictures,
11 and at that time, we were already starting to go to
12 court, so ...
13 Q: Already starting to go to court over this
14 matter?
15 A: Yes.
16 Q: So you just let it sit.
17 A: Yes, I gave Kurt's lawyers, all the
18 paperwork.
19 Q: So when she had the car turned into Hertz,
20 how much had to be paid for--were they billing for damage
21 to it?
22 A: It was over a thousand dollars.
23 MALE VOICE: Rusty.
24 MR. HARDIN: Oh, thank you.

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1 FEMALE VOICE: Thank you.
2 Q: I'm going to show you what I've marked as
3 Respondent's 13, and see if you can look at it and
4 recognize--and can identify it for me.
5 A: Yes, this is the paperwork that Hertz sent
6 me.
7 Q: And was that for the car that they had
8 rented for the trip--that Kurt had rented, and that she
9 kept and then turned in, in New York on Thursday?
10 A: Yes.
11 Q: And is that the documentation for the car
12 and what had to be paid for?
13 A: Yes.
14 Q: Did Hertz send you pictures?
15 A: Yes, they did.
16 Q: Are there pictures attached to this?
17 A: Yes.
18 MR. HARDIN: Your Honor, I'd move to introduce
19 R-13.
21 MS. MCNEICE:
23 MS. MCNEICE: --a few minutes.
24 THE COURT: Sure.

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1 MS. MCNEICE: Or a minute to review this.
2 THE COURT: Sure. Do you need the Court to
3 recess or are you good?
4 MS. MCNEICE: No, just--
6 MS. MCNEICE: If I could have just one more
7 minute. I have no objection, Your Honor.
8 THE COURT: Okay.
9 MS. MCNEICE: And may I have the number on this
10 again, sir?
11 MR. HARDIN: 13.
12 MS. MULLINS: Respondent's 13.
14 THE COURT: That's how we're marking it,
15 Respondent's 13, okay.
16 [Whereupon, Respondent's Exhibit 13 was
17 admitted into evidence.]
19 Q: Now, did you at some time after this--when
20 this was received--I think it has a date up at the top.
21 Let me give you an extra copy to look at.
22 A: Okay.
23 Q: I think the Court has the official one.
24 What date does it show that you got the letter from

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1 Hertz?
2 A: The letter from Hertz is dated 11/26/2014.
3 Q: Okay. So that's what you mean by this had
.4 already begun, that the complainant had filed--
5 A: [Interposing] Correct.
6 Q: --and everything.
7 A: Yes.
8 Q: Okay. And by this time then, because of
9 all this pending litigation, you weren't going to be
10 contacting her, personally. Is that what you mean--
11 A: [Interposing] Correct, yes.
12 Q: All right. So did Kurt end up having to
13 pay for that?
14 A: Yes, we did.
15 Q: Now, did you, at our request, prepare some
16 records having to do with expenses and contributions he
17 had made to their relationship?
18 A: Yes.
19 Q: And I'm going to show you what's been
20 marked as--it will be marked as Respondent's 14.
21 MS. MCNEICE: Objection, Your Honor.
22 THE COURT: Well--
23 MS. MCNEICE: [Interposing] - - relevant.
24 Obviously, they had a four-year relationship. I'm not

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1 sure it's relevant.
2 THE COURT: Okay. Well, I guess, first, we
3 have to figure out what it is, and then we'll deal with
4 issues of relevance. What is it, Mr. Hardin, that you're
5 offering?
6 MR. HARDIN: What I want to show is--if the
7 Court recalls, her testimony is that she paid for
8 everything and she didn't--Mr. Busch didn't contribute--
9 didn't do anything all the stuff that she did. She
10 didn't need his money. She didn't use his money. She -
11 - goes to just her credibility. It has nothing to do
12 with the substance, or the appropriateness, or any
13 appropriateness of the expenses.
14 THE COURT: I think, I recall Ms. Driscoll
15 testifying that she paid her own bills, meaning that she
16 ·paid the mortgage at her house, and that Mr. Busch hadn't
17 contributed to that. Is there something in this document
18 that's contrary to that?
19 MR. HARDIN: Well, no, but I didn't remember
20 the testimony quite that way, Your Honor.
21 THE COURT: I remember it pretty specifically
22 that way, that she pays her own bills at her home, and
23 that she has a job that she earns a good salary, and
24 didn't financial support from him. I mean, certainly--

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1 MS. MCNEICE: [Interposing] In addition to
2 that, if I might interrupt, she testified that he was
3 paying for gifts, hotels, and air travel.
4 THE COURT: Yeah. I mean, to be honest, I'm
5 sort of going over the last exhibit now, and I guess ...
6 MR. HARDIN: If the Court recalls, on the last
7 exhibit, she testified under oath that there wasn't any
8 damage to that front left and she didn't know anything
9 about it. I specifically asked her.
11 MR. HARDIN: That was the car she rented.
12 MS. MCNEICE: And in fact, that may be exactly
13 what--when did she turn it in? When did she give the car
14 up? We don't know that. And I would suggest that the--
15 that this information about him making contributions is
16 irrelevant to--again, what are we here for? September
17 26th.
18 MR. HARDIN: We are not here to allow her, in
19 all due respect, to say whatever comes into her mind
20 because she thinks she can get by with it.
22 MR. HARDIN: The relevance to the car is that
23 she takes that car, and then when she turns it in, it is
24 all damaged, and she testified that that wasn't the case.

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1 She testified that the only damage to it was the latch of
2 the trunk. So does it matter, that $1,000, in the scheme
3 of life? No, not in itself, but she was--
4 THE COURT: [Interposing] And of course, the
5 mirror having been ripped off by Mr. Busch.
6 MR. HARDIN: Pardon me?
7 THE COURT: And of course, the mirror having
8 been ripped off by Mr. Busch--
9 MR. HARDIN: [Interposing] Yes, and we've
10 already conceded that. My only point being, Judge, is
11 that we just had an example about it earlier.
13 MR. HARDIN: She finds out that Ms. Terry is
14 not going to be a witness, so she comes in and lies about
15 it because she thinks she can get by with it. She
16 testifies, there's no damage to the car because she
17 thinks she can get by with it. She doesn't know that
18 Hertz has sent pictures and a - - And all I'm trying
19 to say to you is, there is this incredible pattern.
20 I would suggest that the record would indicate
21 that she's saying that he wasn't spending any of this.
22 But one of the things here, you'll see that she--this
23 witness prepaid, for instance, for their hotel. So she
24 speeds off in his car from the airport and continues on

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1 this trip that he's paying for, and one of the--
2 THE COURT: [Interposing] I've heard the
3 witness' testimony that some of the trip was paid for by
4 Mr. Busch.
5 MR. HARDIN: Look, it--whatever the Court says.
6 THE COURT: Well, it's not what the Court says,
7 Mr. Hardin. It's what the Court heard.
8 MR. HARDIN: No, what I mean is, Judge,
9 whatever you say in terms of whether it makes no
10 difference to you. That's what I'm saying. If you think
11 it's not relevant and you don't want me to admit it, then
12 I abide by the Court's ruling.
13 The only thing I'm trying to say is, is that
14 there is this continued pattern of this lady making
15 things up, and that has to do with the credibility of
16 what she says about a night where there are only two
17 people, the person she accuses and herself. That's all
18 I'm saying.
19 THE COURT: And the document that you wish to
20 admit before the Court is a compilation made by this
21 witness, of expenditures made by Mr. Busch during--
22 throughout the course of his relationship with Ms.
23 Driscoll?
24 MR. HARDIN: That's correct.

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1 THE COURT: So we're going to get four years'
2 worth of things culled out of Mr. Busch's expense
3 records?
4 MR. HARDIN: Well, you'll get a summary of it.
5 You know--
6 THE COURT: [Interposing] A summary by this
7 witness or?
8 MR. HARDIN: This is a document that she
9 prepared. That's correct. But look, it is going to the
10 fact finder, and if the fact finder has reservations
11 about it, there's no reason for me to insist on it.
12 THE COURT: Okay. Well, I guess, first, I need
13 to know what it is, and so I suppose we can ask the
14 witness, what exactly the document is, and how she
15 compiled it, and things of that nature. And then I'll
16 determine whether or not I can see it, on a number of
17 different levels.
18 MR. HARDIN: That's fine. If I may?
19 Q: You have a total--you don't have it in
20 front of you, do you?
21 A: No.
22 Q: Let me give you a copy.
23 MR. HARDIN: And let me give a copy to counsel.
24 Q: Now, I just wanted to ask you what the

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1 different
2 [Coughing]
3 Q: --follow-up on the Court's questions. The
4 first batch of it are Black Card purchases from 2011 to
5 2014? That's what the heading says.
6 A: Yes, those would be Kurt's personal--
7 Q: [Interposing] And what is this--excuse me.
8 What is this based on? What does this represent?
9 A: This is from Kurt's personal bank card
10 statements, his credit card, personally, that were
11 charged to his credit card.
12 Q: And how did you determine, these are
13 expenses that are attributable to her?
14 A: These are hotels and jewelry from
15 vacations and things like that, that they went on.
16 Q: And so what assurance can you give the
17 Court that these all had to do with expenses involving
18 her?
19 THE COURT: I understand what the witness is
20 saying. So you went through the credit card statements
21 of Mr. Busch, and the expenses that you're talking about
22 in that one section are expenses that were made for
23 hotels, and jewelry, and things like vacations with Ms.
24 Driscoll?

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1 MS. CLOUTIER: Correct.
2 THE COURT: Okay. All right. Mr. Hardin, you
3 may continue.
4 .MR. HARDIN: Thank you.
5 Q: Was there private air travel done, so--
6 that had anything to do with Houston's schooling?
7 A: Yes.
8 Q: What was that?
9 A: Depending on what race and when Patricia
10 had custody of Houston during that weekend, sometimes,
11 Kurt's plane would have to fly Houston on Monday mornings
12 to Baltimore, to be able to make it to school.
13 Q: So he would--they would go on a trip
14 together, the three of them, and then his Kurt would fly-
15 -his--Kurt's plane would fly Houston back to school?
16 A: Correct, yes.
17 Q: And so that's what air charges are in--
18 A: [Interposing] Yes.
19 Q: Okay. And you say, checks written from
20 2011 to 2014, and it says things like, plumbing. What's
21 that about?
22 A: That was a bill for Patricia's house here
23 in Ellicott City.
24 Q: It was for her what?

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1 A: Her house in Ellicott City.
2 Q: So if she said she always paid for
3 everything having to do with her house, would that be
..accurate?
5 A: She does, but for whatever reason, Kurt
6 paid this bill.
7 Q: All right. And then what about the
8 psychotherapy that's there?
9 A: That was a bill for Patricia Driscoll that
10 Kurt paid.
11 Q: Pardon?
12 A: That was a bill for Patricia Driscoll that
13 Kurt paid.
14 Q: And then there's a travel place expense.
15 What's that for?
16 A: That was for one of their big trips that
17 they went on. That's the travel agent.
18 Q: You have something titled, Patricia
19 Driscoll expenses. What--
20 A: [Interposing] Those were expenses that she
21 paid for the motor coach, that she got reimbursed for.
22 Q: All right. And then when you go to
23 corporate card expenses, 2011, as opposed to Black Card,
24 what is that about?

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1 A: The corporate card is our business account
2 with our business name on it, that Kurt used to buy some
3 of this stuff with.
4 Q: So then how did you determine the
5 corporate card expenses to attribute to her?
6 A: These would be vacations that her and Kurt
7 took.
8 Q: Okay.
9 A: And there's also some jewelry on there.
10 Q: Okay.
11 MS. MCNEICE: I'm sorry. I didn't hear her
12 last response.
13 MS. CLOUTIER: There's also some jewelry on
14 there.
15 THE COURT: So Mr. Busch had two different
16 cards. He has the Black Card that he referred to before,
17 and the corporate card.
18 MS. CLOUTIER: Yes, he does.
19 THE COURT: All right. I got it.
20 Q: There's an entry up above that says,
21 Lufthansa Airlines, Patricia. What is that? On the
22 first page, Black Card purchases, at the very top, the
23 last one. How do you call those?
24 A: That would be their ticket on one of their

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1 vacations that they were on.
2 Q: Okay.
3 A: That's her first class seat.
4 Q: All right.
5 MR. HARDIN: Again, Your Honor, it is offered
6 for the Court's consideration.
7 THE COURT: All right. Well, I guess I'll
8 admit it and I'll give it whatever weight I think is
9 appropriate, as it relates to things. But, ma'am, just
10 so that I understand the document, itself, this is a
11 document that you created based upon your review of Mr.
12 Busch's financial records. In accordance with the
13 testimony that you've given, you sort of culled things
14 from his financial records, that you believed were
15 expenses that were paid by Mr. Busch for vacations and
16 other things that benefitted Ms. Driscoll as well.
17 MS. CLOUTIER: Yes.
18 THE COURT: Okay. All right. I'll admit it.
21 THE COURT: I'll give it whatever weight is
22 appropriate, and that'll be 14 for the Respondent.
23 Q: Now, I want to go, if I can, to the
24 conversation we were at, on that Wednesday. So if the--

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1 Sunday was the 21st, Monday was the 22nd, and Tuesday was
2 the 23rd. Did I understand you to say that you're not
3 sure whether it was Tuesday the 23rd or Wednesday the
4 24th that you had the conversation?
5 A: That is correct.
6 Q: And what was the occasion and purpose of
7 that conversation?
8 A: She called me to find out if I had heard
9 from Kurt, to find out if I knew where Kurt was, and what
10 was going on with the appearance that would be happening
11 on Thursday for the Weather Channel in New York City.
12 Q: Okay. And did she indicate at that time,
13 any kind of physical abuse in the past, or talk about
14 being afraid of him?
15 A: No.
16 Q: And what did you tell her?
17 A: I told her that I hadn't heard from Kurt,
18 that--excuse me. I told her that I had heard from him.
19 I wasn't sure where he was, but he would be there
20 Thursday morning to do the appearance.
21 Q: Okay. And then after that conversation,
22 did you--do you recall anything else about that
23 conversation with her?
24 A: No.

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1 Q: Okay. When was the next time that you
2 talked to her?
3 A: I have not spoken to her since.
4 Q: All right. So either that Tuesday the
5 23rd or Wednesday the 24th is the last time you had
6 talked to Patricia?
7 A: Yes.
8 Q: In any form, anywhere.
9 A: Yes.
10 Q: Has she contacted you at all at any time?
11 A: No, she has not.
12 Q: Okay. Now, there is, is there not, a
13 matter of--did you--were you--let me back up. Were you
14 involved in the refinancing or the mortgage of a house,
15 her house in Maryland?
16 A: I know a little bit about it, on what Kurt
17 promised that way, because she could get it refinanced.
18 Q: Well, how did this LLC get formed? What
19 was the purpose--
20 A: [Interposing] That was from the
21 accountant, Kurt's accountant.
22 Q: And the name of it is what?
23 A: Del Toros [phonetic] .
24 Q: All right. And why was that formed?

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1 A: That was formed for Kurt and Patricia as a
2 company of theirs. That way, when she refinanced the
3 house, Del Toros guaranteed the money. It was like a
4 guarantee.
5 Q: Okay. And so Kurt guaranteed her to get
6 her mortgage?
7 A: Yes.
8 Q: And were you informed one way or the other
9 as to whether she was going to be allowed to refinance,
10 if he didn't guarantee it?
11 A: No, I didn't ask.
12 Q: All right. And then was there an incident
13 with--at his house that he built in North Carolina last
14 year? What happened with that?
15 A: When they started looking for homes, we
16 got the paperwork the first time that actually had Kurt
17 Busch and Patricia Driscoll's name on it.
18 Q: On the home that he was going to buy?
19 A: Yes.
20 Q: And was that--
21 THE COURT: [Interposing] Where did you get the
22 paperwork from, ma'am?
23 MS. CLOUTIER: I got that from the realtor.
24 THE COURT: From a realtor.

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2 THE COURT: Okay.
3 Q: And it listed--it was the application, was
5 A: Yes.
6 Q: And it listed both of their names?
7 A: Yes, it did.
8 Q: Did you have a concern about that?
9 A: Yes.
10 Q: What was it?
11 A: I didn't know that they were purchasing
12 the house together, so I asked Kurt about it.
13 Q: And what did he tell you?
14 A: He said, no, that the house needed to be
15 in his name.
16 Q: So did you inform the realtor?
17 A: I did.
18 Q: And as a result of that, was her name
19 taken off the application?
20 A: It was.
21 Q: All right. And so that house ended up
22 being owned by her, is that correct--I mean, by him?
23 Excuse me.
24 A: Owned by Kurt.

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1 Q: And then she owned her own house that he
2 guaranteed, so she could get the loan.
3 A: Yes.
4 THE COURT: And, ma'am, was that an application
5 for a mortgage or a sales contract that you--
6 MS. CLOUTIER: [Interposing] Sales contract.
7 THE COURT: It was a sales contract, okay.
8 Thank you.
9 Q: Now, during the period of time that you
10 knew Kurt--well, let me back up. Without going into
11 things he has told you after this happened, when did you
12 first learn that she was claiming that he physically
13 abused her that night of the 26th?
14 A: When Kurt called me to tell me that she
15 had gone to the police and that she was filing charges
16 against him.
17 Q: So you didn't hear about it until
18 November?
19 A: Correct.
20 Q: And were you aware that there was a
21 possibility before November?
22 A: No.
23 Q: You didn't know anything about that?
24 A: No.

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1 Q: What was your reaction?
2 A: I was furious.
3 Q: Why?
4 A: And I was--because Kurt wouldn't do it.
5 That's not Kurt.
6 Q: Do you have an opinion as to whether she's
7 believable under oath?
8 A: I have my opinion, yes.
9 Q: What is it?
10 A: I wouldn't believe her.
11 Q: On anything?
12 A: On anything.
15 MS. MCNEICE: Yes.
16 CROSS-EXAMINATION
18 Q: Good morning. Let me get my materials
19 together.
20 THE COURT: My goodness. That clock says it's
21 after noon. Folks, just let me know when you--if you
22 folks want to recess for lunch, let me know when you want
23 it. I apologize. The time has gotten by and it looks
24 like it says 12:15 on that clock.

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1 MS~ MCNEICE: Can we wait until after cross,
2 just for continuity--
3 MR. HARDIN: [Interposing] Yeah, that's a good
4 idea.
5 THE COURT: Okay.
6 MS. MCNEICE: I think that if that's
7 appropriate, if the Court--just wait--
8 THE COURT: [Interposing] Whatever the parties
9 want is fine with me.
10 MS. MCNEICE: Okay.
11 Q: Ms. Cloutier, you indicated that you
12 traveled with Kurt as the team scorer.
14 Q: From the time you began working for him,
15 which sounds to be like, about 2003, and you did that for
16 about three years until 2006.
17 A: I actually traveled with the team from
18 2000 until 2006. From 2000 to 2003, I was still working
19 for Roush Racing.
20 Q: Okay.
21 THE COURT: But when did Mr. Busch become
22 involved with the team that you were working with?
23 MS. CLOUTIER: 2000, in September of 2000, he
24 came into--

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CROSS-EXAMINATION OF K. CLOUTIER BY C. MCNEICE 133
1 THE COURT: [Interposing] In September of 2000-
3 MS. CLOUTIER: --he came into the 97 Car.
4 THE COURT: Okay. And when you started
5 traveling with the team was when?
6 MS. CLOUTIER: February 2000.
9 Q: But you actually started working for him
10 in 2003.
11 A: Correct, personally.
12 Q: So it's been 11, 12 years now.
14 Q: Okay. And you described yourself as his
15 big sister.
16 A: Yes.
17 Q: You're very close to him, it sounds like.
18 A: Yes, I am.
19 Q: So in addition to providing those
20 important services for keeping the place running, you
21 have an emotional relationship with him too?
22 A: Yes.
23 Q: Okay. And in fact, you sort of bailed him
24 out periodically, correct?

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1 A: Yes.
2 Q: Correct?
3 A: Yes.
4 THE COURT: Okay. When we use the words,
5 bailed him out--
6 MR. HARDIN: [Interposing] Yeah.
7 MS. MCNEICE: I'm going to get to that.
8 THE COURT: Okay. Because that has a very
9 specific legal term that we need to clarify.
10 MS. MCNEICE: Yes, I apologize.
11 Q: You've assisted him in the past, correct?
12 A: Yes, I have.
13 Q: Okay. In fact, those particular--that
14 particular assistance was related to his alcohol use?
15 A: As in? How do you mean?
16 Q: As in, he was so drunk, he didn't know
17 where he was, and you had to go get him, and he slept on
18 your couch.
19 A: No, he knew where he was. I went and
20 picked him up. He called me.
21 Q: He called you.
22 MR. HARDIN: Your Honor, may we just have a
23 place and time?
24 THE COURT: Yeah, what are we--

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1 MS. MCNEICE: [Interposing] I'm going to
2 clarify this.
3 THE COURT: Okay.
4 ;'·~· ... MS. MCNEICE: Okay. May I have that one back?
5 I apologize. I jumped ahead. That's not the one I
6 wanted to
8 MR. HARDIN: You want this back?
10 MALE VOICE: Do you want to give us a copy of
11 the one you gave her?
12 MS. MCNEICE: I haven't given her anything.
13 MALE VOICE: Okay.
14 MS. MCNEICE: I'm going to do that.
15 Q: I'm going to hand you a document, ma'am.
16 Can you identify this?
17 A: Yes, this is my email.
18 Q: This is your email.
19 A: Uh-huh.
20 MS. MCNEICE: And I'd ask that this be admitted
21 as Petitioner's--I believe we're up to about 13, 12 or
22 13.
23 THE COURT: I don't have the list.
24 MS. CLOUTIER: This is 2011.

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1 THE COURT: Hang on a second. We're talking
2 about exhibit numbers now. We'll get to you.
3 MS. MULLINS: It'll be Petitioner's 11.
4 THE COURT: Petitioner's 11, okay.
6 THE COURT: I guess we've got to determine
7 whether it's going to be admitted. Is there some
8 opposition to this, or do we want to let her just lay the
9 foundation and get it in, or what?
10 MR. HARDIN: Are you offering it?
11 MS. MCNEICE: Yes, I'm asking that it be
12 admitted.
13 MR. HARDIN: As which exhibit number?
14 THE COURT: 11, it looks like.
15 MS. MCNEICE: Petitioner's 11.
16 THE COURT: Petitioner's 11.
17 MR. HARDIN: No objection.
18 THE COURT: All right. It will be admitted.
19 [Whereupon, Petitioner's Exhibit 11 was
22 Q: Okay. Let's get back to this email,
23 rna' am.
24 A: Uh-huh.

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1 Q: Could you read this email, please?
2 A: Yes.
3 Q: What's it say?
4 A: I'm going to quit. I can't take this
5 anymore. He's now missed his team meeting at Penske and
6 he's not answering his phone or the house phone. They're
7 looking for him. He never misses team meetings even when
8 he is drinking--excuse me, drunk. He was so drunk last
9 night and wouldn't quit drinking. What if he's laying in
10 the pool, dead? I can't go over there. I don't know
11 what to do. Call me. I can't take this.
12 Q: Okay. And this email went to Ms.
13 Driscoll?
14 A: Yes, it did.
15 Q: Okay. At that time, it sounds like you
16 were very concerned about him.
17 A: Uh-huh.
18 Q: Okay. You said that he was so drunk last
19 night and wouldn't quit drinking. Was this during the
20 period that you testified, that he was under a particular
21 amount of stress?
22 A: Yes.
23 Q: And do you know if he ever received any
24 treatment for his condition; wherein, he wouldn't quit

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1 drinking?
2 A: He wouldn't quit drinking that night?
3 Q: Do you know if he ever received any
4 treatment for any condition in which he wouldn't quit
5 drinking?
6 A: No.
7 Q: Okay. Did you ever set up any therapeutic
8 sessions for Mr. Driscoll [sic], for assistance with any-
10 MALE VOICE: [Interposing] You mean Mr.
11 Driscoll? I apologize. Mr. Driscoll?
12 MS. MCNEICE: I'm sorry. I did this the last
13 time. I confused the names.
14 Q: For Mr. Busch; wherein, he was receiving
15 any treatment for any mental health disorder?
16 A: No, I have not.
17 Q: You never set up any appointments.
18 A: No.
19 Q: Did you ever do any investigation to look
20 for a therapist or some sort of assistant for him?
21 A: I did.
22 Q: Okay. And who was that?
23 A: I don't recall.
24 Q: And under what circumstances did you look

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1 for that assistant?
2 A: I did that with Ms. Patricia Driscoll.
3 When she had told me that Kurt had a drinking problem, I
4 told her. I.would help her. This comes back to letting
5 her take control and not asking any questions.
6 Q: And did Mr. Busch participate in some
7 therapeutic sessions?
8 A: I don't know if he did or not. He did not
9 in North Carolina. If he did in Maryland, I don't know.
10 Q: Okay. Are you familiar with any--excuse
11 me. Strike that. Are you aware that he was seeing a
12 sports psychologist at a time?
13 A: Yes.
14 Q: Okay. Did you ever set up any of those
15 sessions?
16 A: No.
17 Q: Okay. Do you know what year that was in?
18 A: No, I do not.
19 Q: Do you recall when Ms. Driscoll and Mr.
20 Busch went to Spain, ma'am?
21 A: Yes.
22 Q: Do you recall an incident where Mr. Busch
23 lost their passports?
24 A: I was told they lost their passports, yes.

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1 Q: Okay. Did Mr. Busch ever reveal to you
2 that they lost their passports?
3 A: Yes, he told me they lost them.
4 Q: Okay. Did he tell you the circumstances
5 under which they lost them?
6 A: I heard through Patricia, how he lost
7 them.
8 Q: Okay. I'll hand you another document,
9 ma'am. Can you identify that?
10 A: Yes.
11 Q: And what is this, ma'am?
12 A: This is an email I sent Patricia.
13 MS. MCNEICE: I'd ask that this be admitted as
14 the next Petitioner's--
15 THE COURT: [Interposing] Mr. Hardin?
16 MR. HARDIN: Well, I think this involves email
17 traffic in 2011, that has to do with a drinking incident.
18 I understood the Court to say that all that stuff was too
19 remote and didn't matter.
20 THE COURT: Yeah, I guess the objection is
21 relevance. And so, Ms. McNeice, what, in terms of
22 relevance, is the--I don't know what the exhibit is and
23 what's it being offered for?
24 MS. MCNEICE: All right. It is an email trail

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1 in which Ms. Cloutier is making comments about Kurt's
2 drinking and responding to some comments that Ms.
3 Driscoll has made. This is while they were in Spain. It
4. . has . ·been repeatedly presented that the only people that
5 thought that Kurt had a drinking problem was Ms.
6 Driscoll, and that the only person who was telling
7 everyone else that he had a drinking problem was Ms.
8 Driscoll. So I'm offering this to indicate that in fact,
9 Ms. Cloutier was familiar with Mr. Busch's drinking at
10 that particular time.
11 THE COURT: Okay. And for what purpose as it
12 relates to this witness' testimony though? In other
13 words, it isn't at issue here, whether Mr. Busch has a
14 drinking problem. So if you're offering evidence, it has
15 to be relatable to either this witness' bias or some
16 other issue that's been raised in the proceeding.
17 And obviously, you know, I don't know what the
18 exhibit says. Perhaps, I can review it and see whether
19 it'll be admissible. But in terms of this witness'
20 testimony, we actually have to sort of relate it to an
21 issue of either bias or some other relevant purpose,
22 other than to establish that Mr. Busch had a drinking
23 problem, which really isn't germane to the proceeding.
24 MS. MCNEICE: I appreciate that, but this is in

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1 response to the many comments that had been made by
2 Defense, that it's only Ms. Driscoll who is continually
3 presenting the negative impression of Mr. Busch, that he
4 has a drinking problem, or is otherwise out of control,
5 or otherwise has destroyed his own reputation because of-
7 THE COURT: [Interposing] So this isn't to
8 impeach this witness' testimony, but rather, to bolster
9 Ms. Driscoll's testimony? Is that why you're offering
10 it?
11 MS. MCNEICE: I'll take it back. I won't--
12 THE COURT: Well--
13 MS. MCNEICE: I can use it on rebuttal. That's
14 correct.
15 THE COURT: Okay.
16 MR. HARDIN: So is she withdrawing it?
17 THE COURT: It's withdrawn.
20 THE COURT: Okay.
21 MS. MULLINS: Thank you.
22 Q: Okay. You indicated that you spoke with
23 Ms. Driscoll on or about September 23rd or 24th.

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1 Q: · . Okay. And you said you thought that she
2 was in Connecticut at that time?
3 A: Connecticut, Rhode Island, somewhere in
4 the New England states.
5 Q: Okay. And this was part of a tour or a
6 trip that the parties--excuse me, that Mr. Busch and Ms.
7 Driscoll had planned.
8 A: Yes.
9 Q: Okay. It looks like there was also some
10 payments made for this particular trip. Is that correct?
11 A: Yes, there was.
12 Q: Okay. And do you know how long she was at
13 this particular location?
14 A: No.
15 Q: Okay. Do you know if she had the car with
16 her on that particular time?
17 A: I believed she did.
18 Q: Okay. But you don't have any--
19 A: [Interposing] Because she took it from
20 Boston and--from Boston, when she dropped Kurt off.
21 Q: But you don't have any independent
22 knowledge that in fact, the car was with her.
23 A: No.
24 Q: Okay. Do you know what day she did drop

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1 the car off?
2 A: The receipt said September 25th.
3 Q: That the car was dropped off.
4 A: Correct.
5 Q: Do you have any independent knowledge of
6 when she last drove the vehicle?
7 A: No.
8 Q: Did Kurt ever tell you that he had ripped
9 the rearview mirror off this vehicle?
10 A: Yes, he let me know that, so if we got a
11 bill.
12 Q: That you could pay that?
13 A: Yes.
14 Q: Okay. And you said he has a temper.
15 A: Yes.
16 Q: Okay. Did he ever have to pay for similar
17 damage, ripping rearview mirrors off of cars?
18 A: Yes.
19 Q: Okay. So he's done that before.
20 A: Yeah.
21 Q: Doesn't that surprise you?
22 A: No.
23 Q: It doesn't surprise you that he would rip
24 a rearview mirror off the car?

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1 A: I've done it before.
2 Q: Okay. I noticed that there's a bill that
3 you've submitted in your letter from Hertz. Did you copy
4 .. this directly as it came from Hertz?
5 A: Yes, I did.
6 Q: Okay. And that includes all of the
7 portions of the contract.
8 A: Yes.
9 Q: And everything else that Hertz sent to
10 you.
11 A: Yes.
12 Q: Okay. Have you reviewed the statements
13 attached that reflect an outline of exactly the damage--
14 or the damage that was repaired?
15 A: Yes.
16 Q: Do you see any particular notation that in
17 fact, the windshield was repaired?
18 A: I don't see it on here.
19 Q: Okay. But this is what they sent you?
20 A: Yes.
21 Q: Did Kurt plan on using, if you know, this
22 rental car through the trip to New England?
23 A: Yes.
24 Q: You mentioned that Kurt often speaks

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1 before he thinks.
2 A: Yes.
3 Q: Okay. And you said, I let it roll off my
5 A: Uh-huh, yes, I do.
6 Q: Okay. So the items you're letting roll
7 off your back, would that include verbal attacks?
8 A: No.
9 Q: No. What do you let roll off your back?
10 A: Like, when he's, you know, - -because
11 something went wrong or something, and then we're trying
12 to do some paperwork, and he's like, just sits there and
13 just wants to vent for a little bit. I know he's not
14 yelling at me. He just wants to vent. It's his safe
15 place.
16 Q: Your office is his safe place?
17 A: Yes.
18 Q: You said that when the--Ms. Driscoll and
19 Mr. Busch were dating, she eventually took over his
20 calendar and the three of them--three of you would meet
21 to review it.
22 A: Yes, we usually would either meet in my
23 office or we would do conference calls when they were in
24 Maryland.

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1 Q: So Mr. Busch was part of this conference
2 call.
3 A: Yes, he was.
4 Q: Do you do any public relations for Mr.
5 Busch?
6 A: No.
7 Q: Do you post things for him on Facebook?
8 A: On Facebook, I only do the merchandise.
9 If we're selling different merchandise or something comes
10 in, we have a company, ExitlO, that does the Facebook.
11 Q: Thank you. Did Mr. Busch discuss with
12 you, his recorded interview with the Dover Police?
13 A: No.
14 Q: Did you know that he did give you an
15 interview with the Dover Police?
16 A: Yes.
17 Q: So he didn't tell you that he told the
18 police that he did put his hands on Patricia Busch's
19 [sic] face--Patricia Driscoll's face?
20 A: Kurt told me that before he went to Dover
21 to be interviewed.
22 Q: Oh, he did tell you that he put his hands
23 on her face.
24 A: He cupped them.

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1 Q: He cupped them. Did he also tell you that
2 he pushed her head back into the wall three times and
3 said, you have to leave, you have to leave, you have to
4 leave?
5 A: No, he did not.
6 Q: Did he tell you that the interview with
7 the police was recorded?
8 A: He did.
9 Q: You mentioned that at one time, you were
10 called by an employee of Patricia's, telling you that you
11 had to do some particular task.
12 A: The email?
13 Q: I thought it was a phone call, ma'am. Was
14 i t an email?
15 A: It was an email.
16 Q: I apologize.
17 A: Uh-huh. It was--yes.
18 Q: It sounds like you found it somewhat
19 distasteful.
20 A: Yes.
21 THE COURT: Ma'am, I'm confused. Is that an
22 email to you from Ms. Driscoll or an email between Ms.
23 Driscoll and someone else, that referred to you?
24 MS. CLOUTIER: It was an email from Patricia

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1 Driscoll to her employees at the Armed Forces Foundation.
2 THE COURT: Okay. And it just referred to you-
4 MS. CLOUTIER: [Interposing] It referred to me,
5 yes.
7 Q: Okay. You mentioned that on your list of
8 bills, you don't know why Kurt paid--or excuse me, why
9 Kurt paid a plumbing bill in 2012.
10 A: He would just--if I got a bill, I would
11 ask him, and he would say pay it or not pay it.
12 Q: Okay. And it's $360. In the whole scheme
13 of things, what he earned over this four-year period, is
14 that a miniscule amount?
15 A: Yeah.
16 Q: For Kentlands Psychotherapy, did Mr. Busch
17 ever tell you that these were joint couples counseling
18 sessions?
19 A: No.
20 Q: It looks like the total expenses paid by
21 Kurt were $320, 274--excuse me, 320,000, 274,019.
22 A: Yes.
23 Q: That's what you've calculated.
24 A: Yes.

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1 Q: What does Mr. Busch earn in a year, ma'am?
2 A: It all depends on where he finishes during
3 a race.
4 Q: Okay. Would you put it in the category of
5 millions per year?
6 A: Yes.
7 Q: Okay. And over the four-year period, it
8 would be millions times four. Would that be a safe
9 assumption?
10 A: Yes.
11 Q: Okay. So again, is $320,000, a miniscule
12 amount?
13 A: It could be. I mean ...
14 Q: And I noticed that these trips are trips
15 not just taken by Ms. Driscoll. In fact, Mr. Busch was
16 there, correct?
18 Q: And this plane that Mister--or these plane
19 flights that Mr. Busch paid for, this--
20 A: [Interposing] For the private plane?
21 Q: Private plane. Does he own this private
22 plane?
23 A: Yes, he does.
24 Q: Okay. And he used it then to transport

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1 Houston at times, correct?
2 A: Yes.
3 Q: Okay. Does he still own the private
4 plane?
5 A: Yes, he does.
6 Q: Does he fly it or does he have a staff
7 that--
8 A: [Interposing] He has two pilots that fly
9 it.
10 Q: Okay. Let's look down at the bottom, June
11 30th, 2011, the bottom of the first page, that is.
12 Disney Private Tour Guide, was that for Mr. Busch?
13 A: That was for Houston.
14 Q: Okay.
15 A: And Ms. Driscoll.
16 Q: And Mister--
17 A: [Interposing] And Kurt.
18 Q: --Busch was on that trip, correct?
19 A: Yes, he was.
20 Q: Speaking about the Del Toros LLC, do you
21 know which state this entity is posted in?
22 A: North Carolina.
23 Q: Okay. So it's a North Carolina LLC?

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1 Q: And do you know the purpose of this LLC?
2 A: I knew the accountant--it was done through
3 the accountant. I don't do much with the businesses,
4 setting them up. I know it was set up for the reason to
5 refinance Patricia's house.
6 Q: Was it also for the purpose of purchasing
7 other real estate?
8 A: In time, I believe, yes.
9 Q: Okay. And if you could clarify something
10 for me? You said there was a contract for a sale that--
11 and Mr. Busch wanted the contract in his name only, as
12 the purchaser of this--
13 A: [Interposing] That would be his home in
14 North Carolina.
15 Q: That's his present home.
16 A: Present home.
17 Q: And when did he purchase that?
18 A: He purchased it, I want to say, in--at the
19 end of 2013, I believe.
20 Q: Where did he live prior to that?
21 A: He lived in Morrisville, down the street
22 in the Point [phonetic] .
23 Q: Okay. What is that, a--
24 A: [Interposing] It's a subdivision.

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1 Q: Okay. Was that a home?
2 . A: Yes, that was a home .
3 Q: And was there a period of time that he
4 spent living in Patricia's home in Ellicott City,
5 Maryland?
6 A: He stayed at Patricia's, yes.
7 Q: Are you familiar--do you know if Mr.
8 Busch's name is on the deed to Ms. Driscoll's home in
9 Ellicott City?
10 A: That, I do not know.
11 Q: Have you been instructed by Mr. Busch to
12 begin any steps to dissolve the North Carolina LLC?
13 A: No.
14 Q: You have not been instructed?
15 A: I wouldn't know how to do it, and that
16 would go through the accountant.
17 Q: I see. I ' l l just check my notes one more
18 time. Getting back to Mr. Busch's temper, you said he
19 has a temper.
20 A: Yes, I did.
21 Q: Okay. Would you say that that temper has
22 caused him to, at times, be his own worst enemy?
23 A: Yes.
24 MS. MCNEICE: I have nothing further.

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PROCEEDINGS 154
1 THE COURT: Mr. Hardin, did you have any other
2 questions of the witness?
3 MR. HARDIN: Very briefly.
4 THE COURT: Okay.
7 Q: What kind of circumstances are you talking
8 about when you say, losing his temper sometimes has made
9 him his own worst enemy?
10 A: Because he knows--I mean, it's just, you
11 know, when you say something and you're not supposed to
12 or you get mad at something, and you're like, why did I
13 get mad at that, and you start laughing about it.
14 Sometimes he acts before he thinks.
15 Q: Okay. Have you seen him act physically
16 against a woman before?
17 A: No.
18 Q: Have you seen him act physically against
19 anyone before?
20 A: No.
21 Q: And I'm asking what you've seen.
22 A: What I've seen, no.
23 Q: So if one was to ask you, when you say
24 sometimes, his temper is his own worst enemy, does that

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REDIRECT EXAMINATION OF K. CLOUTIER BY R. HARDIN 155
1 have anything to do with physical abuse of others?
2 THE COURT: Well, I guess you have to sort of
3 qualify that question. Are you asking, sir, the question
4 in the general--you're asking this witness to determine
5 whether or not someone who has a temper might physically
6 abuse--
7 MR. HARDIN: [Interposing] No, I didn't mean
8 to.
9 THE COURT: Okay.
10 MR. HARDIN: I meant to be responding to the
11 question she was asked right at the end.
12 THE COURT: You're asking the witness with
13 regard to her own personal knowledge--
14 MR. HARDIN: [Interposing] Yes.
15 THE COURT: --whether his temper has been
16 related to his physically abusing others, to her
17 knowledge--
18 MR. HARDIN: Yes.
19 MS. CLOUTIER: No.
20 MR. HARDIN: That's actually a much better way
21 to ask it.
22 A: No.
23 Q: All right. And that's what I was asking.
24 A: No.

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1 Q: All right.
3 THE COURT: Okay. Ma'am, I just have a few
4 questions for you.
6 THE COURT: You've talked about Mr. Busch's
7 temper and somehow--sometimes that he acts or speaks
8 before he thinks. What kind of things cause him to lose
9 his temper?
10 MS. CLOUTIER: He has a passion for racing.
12 MS. CLOUTIER: So sometimes the race doesn't
13 always go the way it's always planned. Sometimes,
14 there's a wreck. Sometimes an engine failure, a
15 mechanical failure. And he just pushes himself to be the
16 best on the racetrack.
18 MS. CLOUTIER: And sometimes, he just gets
19 frustrated because things do happen.
20 THE COURT: Okay. And so when things happen
21 and he loses his temper, how does that manifest itself?
22 What does he do or?
23 MS. CLOUTIER: Sometimes he'll just--he can
24 just sit there and just scream and whatnot, and he just

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PROCEEDINGS 157
1 needs to be by himself and depress--decompress, and then
2 he's fine.
4 MS. CLOUTIER: Once he looks at the next
5 situation.
6 THE COURT: Okay. And when you say he needs to
7 be left by himself, what happens if someone doesn't leave
8 him by himself during one of those periods of time?
9 MS. CLOUTIER: If you go, I mean, he'll
10 probably yell at you.
11 THE COURT: Okay.
12 MS. CLOUTIER: Like, he's probably mad and he's
13 going to snap. He's going to say something that's
14 probably going to be offended [sic] to you, when he
15 really doesn't mean it, but you caught him at a bad time.
16 THE COURT: Okay. And you've described your
17 office as sort of a safe place for him?
18 MS. CLOUTIER: Uh-huh.
19 THE COURT: I don't want to put words in your
20 mouth. Do you mean by that, that it's a place where he
21 feels like he can sort of--because he's safe, he feels
22 like he can let things out and let his temper go or? Is
23 that what you--
24 MS. CLOUTIER: [Interposing] I just--no, I

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PROCEEDINGS 158
1 don't mean it that way. I mean, he can scream, he can
2 just sit there and vent. If he wants to swear, he can
3 swear. Nobody is looking at him and characterizing him.
4 THE COURT: Okay.
5 MS. CLOUTIER: He's just letting it all out and
6 no one is going to hold it against him or anything like
7 that.
8 THE COURT: Okay.
9 MS. CLOUTIER: That's what I'm trying to say.
10 THE COURT: Thank you, ma'am. All right. Does
11 counsel have questions based on questions the Court has
12 asked, you may certainly ask them.
13 MR. HARDIN: I do, but if she wants to go first
14 or ...
15 MS. MCNEICE: Go ahead.
18 Q: You understand with this language, what
19 I'm trying to ask you. And I think the Court - - is
20 trying to connect, if there is a connection, or not
21 connect it to physically abusing another person when he's
22 upset about something, okay? So the first thing is that,
23 if you had to pick the area that you see him losing his
24 temper about, of human conduct or his activities, what

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1 would that be?
2 A: Racing.
3 Q: All right. So when you talk about
4 sometimes he's his own worst enemy, are you talking about
5 him losing his temper when he is--when things don't go
6 right in racing?
8 Q: The Court has heard testimony about him
9 pulling off the mirror, and you were asked about that by
10 the other person, after a race. You're familiar that the
11 race in New Hampshire didn't go well, correct?
12 A: That's correct.
13 Q: All right. So when you say it doesn't
14 surprise you, it didn't surprise you that he would jerk a
15 mirror off or have a flare of temper about doing badly at
16 the racetrack, is that right?
17 A: Uh-huh. Yes--
18 Q: [Interposing] You can't do, uh-huh.
19 A: Yes. Sorry.
20 Q: All right. That's okay. But would it
21 surprise you, as if he physically struck out at anybody
22 when things didn't go well at racing?
23 A: Yeah, that would surprise me big time.
24 Q: Why?

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1 A: Because Kurt will grab something, but he's
2 human; he doesn't believe in hurting other people. So he
3 would never hurt somebody even though he was in a bad
4 mood.
5 Q: And then what if he's by himself in his
6 own place and not--nothing else is going on, would you
7 expect him to be angry and lash out at somebody else?
8 MS. MCNEICE: Objection. It calls for
9 speculation.
10 MR. HARDIN: That's okay. All right. Fair
11 enough. It does.
12 THE COURT: The question--
13 MR. HARDIN: [Interposing] I'll withdraw it.
14 Thank you, Judge.
16 Q: You're aware of incidents or so that were
17 publicized, where he flared up at the media one time,
18 right?
19 A: Yes.
20 Q: Was that in connection with racing?
21 A: Yes.
22 Q: Okay. And these incidents that have been
23 talked about with you today by counsel, and the comments
24 you made about his--sometimes his temper being his own

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1 worst enemy, I want to try to make sure, would you
2 connect those at all to events of personal or physical
3 abuse against others?
4 A: No.
5 Q: Why?
6 A: Because Kurt wouldn't hurt somebody on
7 purpose, or hit somebody on purpose, if he was mad. He
8 would walk away or grab a mirror and break it, before he
9 would hit somebody.
10 MR. HARDIN: That's all I have.
13 RE-CROSS EXAMINATION
15 Q: You said that you just don't think he
16 would abuse anybody, if he--
17 A: [Interposing] I don't believe that he
18 would hit somebody--
19 Q: Okay. Oh, I understand. You're still
20 working for him, correct?
21 A: Yes.
22 Q: Okay. Were you present at a Chicago Cubs
23 baseball game in 2011, where he took a swing at you and
24 he had to be escorted quickly into a car to get away?

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RE-CROSS EXAMINATION OF K. CLOUTIER BY C. MCNEICE 162
1 A: Yes, I was there.
2 Q: Okay.
3 A: And he was drinking and didn't know what
4 . he was·:'''doing,. . and he tried to push me out of the way.
5 Q: He didn't know what he was doing. That's
6 your comments on--that's what you thought; he didn't know
7 what he was doing.
8 A: That's my opinion, yes.
9 Q: Okay.
10 THE COURT: So on that occasion, ma'am, your
11 view was that he was intoxicated.
12 MS. CLOUTIER: He was intoxicated.
13 THE COURT:
14 Q: So while drinking, he could push someone
15 out of the way and maybe even cause abuse, correct?
16 A: Yes, I could too, drinking, if I'm
17 drinking until I got--I mean, I don't understand where
18 you--what you're trying to ask.
19 Q: You've answered the question. You
20 mentioned that he has a passion for racing, and that
21 sometimes, failures with the vehicles lead to
22 frustrations.
23 A: Yes.
24 Q: Okay. And has he ever been sanctioned by

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1 NASCAR in any way for his frustrations, tempers, rages?
2 A: Yes.
3 Q: How?
4 A: He's been fined before.
5 Q: How many?
6 A: Oh, I don't know.
7 Q: In other words, so many times, you can't
8 count?
9 A: No, I don't keep track. I just pay the
10 bills.
11 Q: Okay. And do you have an estimate, if you
12 know, of the amount of money you've paid on his behalf,
13 in fines?
14 A: I do not know off the top of my head. I
15 would have to pull the file.
16 THE COURT: Ma'am, you've testified about
17 knowledge of Mr. Busch being sanctioned for losing his
18 temper. Did any of those incidents involve physical
19 aggression toward anyone else, or the threat of physical
20 harm to any--
21 MS. CLOUTIER: [Interposing] Not to anyone
22 else.
23 THE COURT: Not to anyone else.
24 MS. CLOUTIER: No.

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2 Q: As far as you know, correct?
3 A: Yes.
4 Q: Okay. But he has raged or lashed out at
5 other members of the team, anything like that?
6 A: Verbally?
7 Q: Uh-huh.
8 A: Yes.
9 MS. MCNEICE: I have nothing further. Thank
10 you.
11 THE COURT: All right. I'll give you another
12 shot, Mr. Hardin. Anything else?
16 THE COURT: All right. In terms of this
17 witness, do the parties wish her to remain for recall
18 possibly, or not?
19 MS. MCNEICE: I don't intend to call her again.
20 THE COURT: Mr. Hardin?
21 MR. HARDIN: I don't think so, Judge. I think
22 she can be released--
23 THE COURT: [Interposing] Thank you, ma'am,
24 you're excused with the Court's thanks.

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PROCEEDINGS 165
1 MS. CLOUTIER: Thank you.
2 THE COURT: All right. As it relates to
3 scheduling, it's about ten minutes of 1:00, according to
4 the clock on the wall over there. Do the parties want to
5 take a recess for lunch or--
6 MR. HARDIN: [Interposing] Please.
7 THE COURT: Okay.
8 MR. HARDIN: If we could have lunch?
9 THE COURT: All right. We'll do that. We'll
10 reconvene at about, I guess, ten minutes to 2:00 or
11 thereabouts.
14 MS. MULLINS: All rise.
15 [END 436261 20150112-1130 PART4.WMA]
17 [START 436261 20150112-1358 PART5.WMA]
18 MS. MULLINS: The State of Delaware back in
19 session, Driscoll versus Busch. Please - - .
21 THE COURT: All right. Good afternoon again,
22 everyone. Mr. Hardin, do you wish to call a witness,
23 sir?
24 MR. HARDIN: Thank you. Your Honor, we'll call

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PROCEEDINGS 166
1 Mr. Busch.
2 THE COURT: Okay. Mr. Busch, you're already
3 under oath, sir. You may resume the witness stand.
4 K U R T B U S C H, having been first duly
5 sworn, testified as follows:
8 Q: Good afternoon.
9 A: Good afternoon.
10 Q: Mr. Busch, you were questioned at some
11 extent by Ms. Driscoll's lawyers, do you recall, back in
12 December during the hearing, were you not?
13 A: Yes, sir.
14 Q: What I want to do now is go to sort of the
15 history between you and Ms. Driscoll, and how we got to
16 where we did on the 26th of September. At the time you
17 started seeing Ms. Driscoll, were you still married?
18 A: When I met her, yes.
19 Q: All right. And you met her when?
20 A: September of 2010.
21 Q: All right. And then just so we have a
22 timeframe, you separated from your wife when?
23 A: February of 2011.
24 Q: And then I believe, as you heard the

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DIRECT EXAMINATION OF K. BUSCH BY R. HARDIN 167
1 testimony, North Carolina had a one-year waiting period.
2 So your divorce became official or final when?
3 A: It became official in February of 2012.
4 Q: Okay. Just so I understand, does that
5 mean you can't even file for a year? Is that what the
6 waiting period is? You had a waiting period of a year
7 or--
8 A: [Interposing] Yeah, you're right--
9 Q:
10 [Coughing]
11 A: There's a waiting period of--
12 Q: [Interposing] And then you file--
13 A: --the separation.
14 Q: Okay.
15 A: And then you file. And so I don't
16 actually know the official date.
17 Q: All right. Now, there's no question as--
18 that you and Ms. Driscoll had what the law in Delaware
19 calls a substantial relationship during that period of
20 time, correct?
21 A: Yes, sir.
22 Q: All right. Each of you at different times
23 stayed in the other's home, correct?
24 A: Yes, sir.

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1 Q: And you traveled together. And what is
2 your testimony as to how involved she was with your
3 career? Just sort of explain that to us.
4 .. A: She was involved at a loving, caring
5 level. That meant that she helped assist with daily
6 activities, cooking, cleaning, traveling to the races,
7 communicating with team members, coordinating different
8 PR events. And the overall relationship was very shared.
9 Q: All right. Now, and her son, Houston, how
10 would you describe your relationship with him?
11 A: I love that little boy. He was a smart
12 young man that was learning cursive and arithmetic, and I
13 loved to help him with his homework. And I feel like him
14 and I had a stronger relationship.
15 Q: Well, and you've heard some testimony that
16 some of his toys and things were kept at your motor home.
17 Is that right?
18 A: Yes, sir.
19 Q: Okay. And I think we just heard the
20 number, but on an annual basis, how many races would you
21 enter?
22 A: Forty races a year, or so.
23 Q: All right. And then those 40 races, when
24 we call driving--just for the record, what days of the

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1 week are devoted to those race weekends? How does it
2 work?
3 A: Primarily, Friday, Saturday, Sunday of
4 every.weekend.
5 Q: All right. Now, what happens on Thursday?
6 What use is the day of Thursday?
7 A: Travel day, normally.
8 Q: All right. And then how would you travel
9 to--we heard some testimony from the driver of your motor
10 home and so. But how would you customarily go from
11 location to location?
12 A: It just depended on the distance of the
13 travel. So if it was within five hours, we would drive.
14 We would contemplate taking the plane, if it was a five-
15 hour trip. But anything more, above five, we would fly
16 to, and anything more than a five-hour flight, we would
17 then go on commercial airfare or with the race team on
18 their team plane.
19 Q: All right. Now, was the period of your
20 separation and divorce, the year--more particularly, the
21 year of 2011, was that a difficult time for you
22 emotionally and personally?
23 A: Yes, it was a very stressful year.
24 Q: Okay. And do you acknowledge that you

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1 drank too much during that period of time, and that
2 alcohol was a much more prevalent part of your life than
3 it used to be?
4 A: I would admit to that.
5 Q: Okay. But even then, did you ever drink
6 during these race days?
8 Q: And more particularly, would you ever
9 drink on a Friday, Saturday, or Sunday, if you were
10 racing?
11 A: No, I would not drink on race weekends.
12 Q: Okay. And when do you think that period--
13 how would you relate to the times--the end of the period
14 you considered where you may be drinking too often--let
15 me put it that way. May be drinking too often and too
16 much when you drank, was there a period that that would
17 be a fair characterization?
18 A: Yeah, there would be a period of--
19 Q: [Interposing] All right. What kind of
20 time on the calendar, would you ascribe to that?
21 A: I would say the middle of 2010 to the
22 beginning of 2012.
23 Q: Okay. So there's about a year and a half
24 there.

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1 A: Uh-huh.
2 Q: All right. But even then--and then once
3 that period of time was over, did you continue to--did
4 you change what your drinking habits were, or your
5 circumstance?
6 A: Yeah, I would say change the amount.
7 Q: Did it change back to the way it used to
8 be?
9 A: Before the troublesome time in my career,
10 yes.
11 Q: Okay. And was this also a troubling time
12 in your career as far as your advancement or who you had
13 contracts with or so?
14 A: Yeah, I had hit a brick wall with the
15 current race team that I was with. We had plateaued and
16 our success level wasn't where I thought it needed to be.
17 Q: Okay. So you had a period of frustration
18 with both your personal life and your professional life
19 at that time. Would that be a fair statement?
20 A: Yes, sir.
21 Q: Okay. But once that's behind--let's move
22 now to 2012 into 2014. During that period of time, had
23 your life leveled out emotionally?
24 A: It had. There was a direction on the race

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1 team side.
2 Q: Okay. And did your racing situation get
3 better?
4 A: It did.
5 Q: All right. Were you basically in what
6 might one call a comeback ? Would that have been a
7 fair characterization?
8 A: Yeah, that is.
9 Q: For the Commissioner to know, you had a
10 bunch of success very early, did you not, in NASCAR?
11 A: Yes, sir.
12 Q: What ages, and so therefore, how far--how
13 old are you now?
14 A: Thirty-six.
15 Q: Okay. And so in your twenties, your
16 early, mid-twenties, how would you describe your career?
17 A: I started in NASCAR in 2000, and I won the
18 championship in 2004.
19 Q: Okay. And so you were how old?
20 A: Twenty-six years old, the youngest--time
21 for the youngest champion in NASCAR.
22 Q: All right. So that was a pretty heavy
23 period of time, was it?
24 A: It sure was. I just came from racing in

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1 Las Vegas at the Little Tracks five years before that.
2 Q: All right. So how would you describe your
3 life at that time in the mid-twenties?
4 A: I was on top of the world, and it seemed
5 as if all racing was going perfect, and that's all that
6 life was.
7 Q: And how long did that period in your life
8 last?
9 A: I would say probably through 2010.
10 Q: Okay. And then what changed?
11 A: As an athlete and a performer, when you
12 hit a plateau or a brick wall, you begin to question, why
13 aren't the results continuing to come? And maybe I
14 achieved results at a young age, expecting them to
15 continue to come in. Being naive and young, you
16 sometimes don't realize everything that you have.
17 Q: So at 36, have you learned a lot, that you
18 didn't know about in the twenties?
19 A: I'm a lot stupider now at 36 than I was at
20 26.
21 Q: Well, did you--when all this was going on,
22 all this success and everything, you've heard talk about
23 your temper.
24 A: Yes, sir.

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1 Q: Give me your side of that.
2 A: I have a temper that would be described as
3 short by most. It is an internal feeling where there's
4 the fire and the desire from within, to perform at top
5 levels, and when I don't achieve those results, I vent my
6 frustration, and it bothers other people.
7 Q: And how do you vent your frustration?
8 A: Whether it's cussing, muddling to myself,
9 you know, stirring to myself, to others that are close
10 that would listen, that I trusted and that knew my desire
11 was to succeed. Those were the people that I trusted
12 when I would vent my frustration.
13 Q: And when you would vent your frustration
14 or so, did you ever physically take it out on others?
16 Q: Did you have run-ins with members of the
17 media sometimes?
18 A: Run-ins?
19 Q: I mean, well, let's say, run-ins, sort of
20 situations that became public, or was there more than
21 one, or was it one, or--what led to this image? I guess
22 that's really, you know, this issue that you were being
23 asked by counsel, what created that atmosphere?
24 A: What created it was a young driver that

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1 poured fuel on a fire. In my young twenties--
2 Q: [Interposing] Are you that young driver?
3 A: I'm that guy. I'm sorry.
4 Q: Okay.
5 A: Ami talking third person?
6 Q: That's okay. Well, tell me about it.
7 A: When stories would be written and I knew
8 that they were false, it was tough to accept them, and so
9 I would point out to certain media members or to certain
10 situations, that that necessarily wasn't the truth,
11 because it bothered me.
12 Q: So how would you do that? Would you do it
13 quietly like you're doing now?
14 A: Well, there's--yeah, of course, you would
15 talk to them. And then in the heat of the battle, you
16 would have a moment--I would have a moment on track, and
17 then they would take it out of context and completely
18 take it in a new direction. And I'm like, well, that
19 wasn't really how the story went.
20 Q: Well, I was wondering if your manner in
21 dealing with people sometimes like that was similar to--
22 do you remember Ms. Driscoll's attorney going through a
23 series with you--I think it's the second day. No, the
24 first--maybe it was the first day. The first or second

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1 day of testimony, where you go through your explanation
2 of something, and then you say, now are you up to speed?
3 A: That was the second day, but I wasn't
4 going to correct you.
5 [Crosstalk]
6 Q: Do you remember?
7 A: Yes, sir.
8 Q: Is that sort of the way sometimes, you
9 would deal with the media or so? Because that's kind of
10 a phrase of sarcasm, isn't it?
11 A: It is. It's when I felt like there was
12 the open truth right out in front, and yet, it still
13 wasn't portrayed that way. I have a shorter temper with
14 that.
15 Q: Is that something that you've learned,
16 that you ought to try to correct?
17 A: Yes.
18 Q: Do you work on it?
19 A: I do.
20 Q: Do you always succeed?
21 A: I do not.
22 Q: Okay. Now, let's go to, if we can, to the
23 period of time of 2014, and more particularly, your
24 relationship with Ms. Driscoll. You described a very

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1 loving, equal relationship, in your mind, in the
2 beginning, did you not?
3 A: Yes, sir.
4 Q: And did you begin to question that and
5 change your mind about it and whether it was the right
6 thing for you?
7 A: I did question it.
8 Q: When did you start doing that?
9 A: It was Spring of 2013.
10 Q: Okay. Was there a particular occasion or
11 what?
12 A: Everybody always says there's a straw that
13 breaks the camel's back. But for me, I was very patient
14 with the different situations that would come up and her
15 accusing me of certain things. And the way the,
16 ultimately, schedule was being controlled, I felt like I
17 was falling victim to wherever she needed me to be, and
18 ultimately, my race team was the one that was sacrificing
19 me not being there. I needed to be there for my team.
20 And when racing isn't first in my life, that's when I
21 begin to question certain things.
22 Q: Okay. And during this timeframe, did you-
23 -you've heard the testimony that--from her, that ya'll
24 would break up and get back together, that ya'll would

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1 have arguments and then reconcile. Is that accurate?
2 A: There wouldn't be break-ups and then get
3 back together. There was standard arguments that we
4 would have with one another about, you're controlling my
5 travel and my schedule. I had a bad race and you know
6 that I need my space until Monday, and we'll talk.
7 Q: You heard her say that there had been one
8 other physical encounter before September 26th, right?
9 A: I heard that.
10 Q: Is that true?
12 Q: So did you in any way physically abuse her
13 sometime in 2012, like she testified?
14 A: I did not.
15 Q: As we move into the Summer or Fall of
16 2014, had you ever in any way physically abused her?
17 A: No, sir.
18 Q: Now, during this time you met her, did
19 she--did you have a certain image of her and belief about
20 her and so, based on things she told you, that affected
21 the way you perceived her and her place in the world?
22 A: I did have an image in how I perceived
23 her, yes.
24 Q: And what was the image, and what was it,

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1 and why was it? I can break that down, but let me do it
2 this way. When did you first begin to hear these things
3 from her? That's question number one. When was that?
4 A: The first night.
5 Q: The first night you were together.
6 A: That we met.
7 Q: That you met, so that would be four years
8 before this incident? September of 2010?
9 A: Yes, sir.
11 A: That she was a mercenary and that she
12 killed people in certain capacities, and I thought that
13 was exciting.
14 Q: Yes, some people would say--would be
15 incredulous about it. What did she say to you that made
16 you--did you believe her?
17 A: I didn't believe her, and she showed me
18 pictures on her phone of different photos.
19 Q: What did she show--this is all at a
20 meeting? Where was this?
21 A: This was at Walter Reed Medical Center.
22 Q: And what was the occasion for being there?
23 A: It was a NASCAR function where the
24 drivers, team owners, sponsors had the change to visit

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1 our wounded soldiers, and it was at the dinner event that
2 evening, and she sat down next to me.
3 Q: And the best you can tell, tell me exactly
4 what she told you and how it worked its way into the
5 conversation.
6 A: It was one of those unique moments in
7 life, where a relationship sparked, and she thought that
8 I was my little brother. She thought that I was--
9 Q: [Interposing] She thought--what's your
10 brother's name?
11 A: Kyle.
12 Q: And she thought that's who you were?
13 A: Yes.
14 Q: And what'd you tell her?
15 A: I told her, no, I'm Kurt. And she said,
16 well, you're the one that denied meeting my troops during
17 this weekend's race. And I said, no, I volunteered to
18 meet a group of troops. I'm here today, as well as, on
19 Sunday. Some group, I don't know--oh, well--and then she
20 said, that's her group.
21 Q: Okay. And then how did it come about that
22 she told you that she was a mercenary?
23 A: Well, I got her to say, you're right.
24 Q: And so--

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1 A: [Interposing] That's a part in a
2 relationship that created a smile on both of our faces.
3 And then I asked her what she did for a living.
4 Q: And she said what?
5 A: She first stated that she ran the Armed
6 Forces Foundation, and that's why she was there.
7 Q: And then?
8 A: She also said that she had a defense
9 company and that she worked for the government in
10 different capacities.
11 Q: And what was that? Did you ask her?
12 A: At the time, that evening, she just said
13 that she's a mercenary and that she killed people for a
14 living.
15 Q: Well, what was your reaction to that?
16 A: That was exciting.
17 Q: And why'd you think it was exciting?
18 A: I never met a mercenary before.
19 Q: All right. And so did she give you any
20 more detail that night of this supposed career of hers?
21 A: Other than the photos that she showed me
22 on her phone--
23 Q: [Interposing] And what was that about?
24 What'd she show you?

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1 A: Dead people.
2 Q: What do you mean, dead? I mean, what kind
3 of circumstances?
4 A: People that were shot in the head, sitting
5 in a suburban.
6 Q: Did she relay what caused these injuries
7 to them?
8 A: That she was responsible for the head
9 shots, and that she shot at a really far distance.
10 Q: So after that night, did you see her some
11 more?
12 A: I did.
13 Q: And did ya'll have other conversations
14 during the time that you knew her, about this other
15 career of hers?
16 A: There were numerous occasions when we
17 would talk about the different identities that she had.
18 Q: Well, tell us what she would say.
19 A: At one point, I was given a red carpet
20 tour of Fort Bragg.
21 Q: What year was that?
22 A: That would have been 2010, 2011.
23 Q: All right. And this red carpet tour of
24 Fort Bragg, what happened? Was this something that

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1 somehow impressed you or reinforced that she was telling
2 the truth to you?
3 A: There's the confidential information that
4 she always would tell me that she's not allowed to say
5 certain things. But on this tour, I got to see different
6 levels of access behind the scenes, not only from me
7 being a NASCAR personality, and then opening the door for
8 a tour, but there seemed to be other locations that I was
9 taken to, that she seemed surprised by.
10 Q: Like what?
11 A: Different places back behind the scenes,
12 where it takes certain access codes to get in behind and
13 to see.
14 Q: And so from all--and did you go to a
15 range?
16 A: A shooting range?
17 Q: Yeah.
18 A: Yes, sir.
19 Q: And did you shoot?
20 A: I did shoot.
21 Q: Do you remember what you shot?
22 A: I shot within 4 inches or 5 inches of the
23 center target
24 Q: And how far--

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1 A: [Interposing] Three times.
2 Q: --away were you?
3 A: Eight hundred meters.
4 Q: So you're pretty good?
5 A: I really thought that I did really well
6 that day.
7 Q: And then what changed your mind?
8 A: About shooting?
9 Q: Yeah, about--did you compare it to her?
10 A: No, she did not shoot.
11 Q: Okay.
12 A: But the other guy that was there, he shot.
13 Q: All right.
14 A: And he wore out the bulls eye.
15 Q: And have you been shooting with her
16 before?
17 A: Not rifles like that day, but shotguns.
18 Q: Okay. Now, at this time, 2010, 2011, give
19 the Judge an idea of the kinds of things that she said
20 she was doing as these extra duties, in addition to
21 running the Armed Forces Foundation.
22 A: Her defense company specialized in
23 sensors, and there was a need for her to go to the
24 Mexican border a lot to--

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1 Q: [Interposing] That's what she told you?
2 A: Yes.
3 Q: And what did she say she did when she
4 went?
5 A: That these surveillance devices were put
6 in-place to track primarily human traffic, and that these
7 sensors would also symbolize if there were--they were
8 animals or vehicles moving. And that she was proud of
9 her equipment, on how it would differentiate human
10 movement versus animals or vehicles. And this was done
11 not just in Mexico, but in Africa as well. That's around
12 the 2010, 2011 period that you asked me about.
13 Q: All right. And then what would happen if
14 something came up on these sensors?
15 A: Well, that's the defense system that is
16 public and that everybody is aware that she owns and
17 operates.
18 Q: Okay.
19 A: But--
20 Q: [Interposing] Did she--
21 A: --you're asking about something--
22 Q: [Interposing] Yeah--
23 [Crosstalk]
24 Q: I'm trying to figure out--did she also

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1 describe to you, what her--activities that she had in
2 Mexico or South America?
3 A: It's a tough subject to bring up because I
4 respect.the fact that she worked in the capacities that
5 she worked in, and told me that it was different
6 government clearances that contracted her to do these
7 things.
8 Q: To do what things?
9 A: To kill people.
10 Q: Well, what did she say she did? How did
11 she say she did this?
12 A: I was led to believe early, that it was
13 long range, and then as--
14 Q: [Interposing] What was long range?
15 A: Like, the sniper rifle that I shot with
16 her.
17 Q: Okay.
18 A: Then it turned into more of close combat
19 kills.
20 Q: And did she say who she was killing in
21 these close combat situation?
22 A: Foreigners.
23 Q: All right. Did she ever talk to you about
24 illegal immigration on the border?

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1 A: All the time.
3 A: Ultimately, she wanted her surveillance
4 ",company to take off and to get a contract with the
5 government, to generate income with the sensors, but she
6 had her other side jobs that she would work.
7 Q: And what were those side jobs?
8 A: Killing people.
9 Q: Well, did she talk about working
10 undercover in South America?
11 A: Africa and Mexico is what I heard
12 primarily.
13 Q: Did she ever talk about or show you--
14 A: [Interposing] You said South America, yes,
15 you're right.
16 Q: Did she ever talk or show you a scar she
17 had, running down her stomach?
18 A: Yes, sir.
19 Q: What did she say to you, as to how she got
20 that?
21 A: That it was stab wound.
22 Q: Did she say where and how she got the stab
23 wound?
24 A: It's right above her bellybutton, that

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1 goes up to her sternum, and she told me that she was
2 stabbed on one of her missions.
3 Q: And what kind of mission was she on?
4 A: I would assume a dangerous one.
5 Q: All right. Were there times where she
6 would come back and describe injuries she had received,
7 to you?
8 A: Yes, sir.
9 Q: How did that happen? What was that?
10 A: That there would be scrapes, and bumps,
11 and bruises sometimes on her lower body, and sometimes up
12 on her upper body.
13 Q: And you would see those?
14 A: I would see those.
15 Q: And what would she tell you those were
16 from?
17 A: That the mission went off course and that
18 they had to divert, and there was all kinds of unknowns.
19 Sometimes it was scrapes on her legs from sliding down
20 hillsides, to bruises on her upper body and on her face
21 from close combat contact.
22 Q: Well, did she describe and talk to you in
23 terms of any murders--or not--or killings she had done of
24 drug dealers?

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1 A: Yes, she would.
3 A: Do you remember seeing that CNN piece?
.4 Q: What CNN piece?
5 A: And then she would say, that was me.
6 Q: Oh, she would say that something on CNN
7 had been her?
8 A: Uh-huh. Yes, sir.
9 Q: Did she ever talk about any movies that
10 she said were about her?
11 A: I knew she was--she showed me the
12 documentary right away, that was shown here in court,
13 more as a sales pitch on who she was.
14 Q: Pocket Commando?
15 A: Yeah, that was exciting.
16 Q: Well--
17 A: [Interposing] And, yes, there was other
18 movie and documentary things she was always working on.
19 Q: Now, did you have friends and others
20 through all this, that tried to persuade you that she was
21 just BS'ing you and it wasn't true?
22 MS. MCNEICE: Objection. Calls for hearsay.
23 THE COURT: Overruled. It's not offered for
24 the truth of the matter that was asserted by anyone else

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1 who might have told him that. And I think it's probably
2 a preliminary question.
3 Q: Did you?
4 A: Yes, sir, I had other people tell me that
5 she was crazy.
6 Q: But you didn't believe that, did you?
7 A: No, I didn't believe it, just due to what
8 I had seen and heard.
9 Q: When we get to September the 21st and
10 September the 26th, what was your mindset and belief as
11 to whether or not these things she had been telling you
12 all this time were true? What did you believe?
13 A: I believed that they were true.
14 Q: And so what did you believe that she had
15 been doing for the last few years, even before she met
16 you, with a substantial portion of her life, and in terms
17 of outside, physical activity against others? What was
18 your thought?
19 A: That she was a trained contract killer,
20 that she had her own defense company, and that she ran
21 the Armed Forces Foundation.
22 Q: Was there any doubt in your mind?
23 A: No.
24 Q: How would you--she's very short, would you

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1 agree?
2 A: Yes, sir.
3 Q: My daughter-in-law is the same height and
4 does .not like to be called, 5-foot. She says she's 5'1".
5 But can you and I agree that she's around 5-foot?
6 A: Yeah, she is 5-foot.
7 Q: How would you describe her physical
8 condition and tone?
9 A: Very muscular and fit, and very athletic.
10 Q: And was she that way the whole time that
11 you were with her?
12 A: Yes, sir.
13 Q: Would you all engage in any type of
14 physical activity, together?
15 A: Camping. We shot shotguns a few times.
16 We had a few mud run type of charity events together,
17 where you would run and then do an obstacle, a very
18 military-based type action.
19 Q: How tall are you?
20 A: 5'11".
21 Q: How much do you weigh?
22 A: One fifty.
23 Q: So if you had to describe your physical
24 body in terms of its development, how would you describe

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1 it?
2 A: I'm fit. I race racecars for a living and
3 I have a lot of cardiovascular that I do, to maintain my
4 fitness.leveL I strength train minimally, just so that-
5 -I'm more of a cardio, marathon type runner as a stature.
6 Q: If you were to engage in a physical
7 encounter, an adversarial physical encounter during the
8 period of 2014, in your mind, how would you have viewed
9 your chances against her?
10 A: I knew that she could take me down at any
11 moment.
12 Q: And why did you believe that?
13 A: Because she's a badass.
14 Q: Is that what she would always tell you?
15 A: In a roundabout way.
16 Q: All right. Now, when we go to the period
17 of 2014, what was your state-of-mind in terms of whether
18 you wanted to end the relationship?
19 A: It was very firm. I wanted to end it.
20 Q: And why had you decided that you wanted to
21 end it?
22 A: Because I couldn't decide anymore, what
23 the truth was, who she was, and where our relationship
24 was going.

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1 Q: Did you still believe her about all these
2 things that you and I have been talking about, as far as
3 her side profession?
4 A: I did.
5 MS. MCNEICE: I apologize. I didn't hear his
6 answer.
7 MR. BUSCH: I did believe.
8 Q: And when you say--in that time, had she
9 sort of--how would you describe, in your own words, the
10 level of control she had begun to exert over your career?
11 A: Every month that went by, there was more
12 and more control that she wanted to obtain.
13 Q: Well, why didn't you just walk away from
14 her and say, no?
15 A: It added up to the point, to where I did.
16 Q: What happened on the 21st in New
17 Hampshire? First of all though, let me stop and give you
18 the predicate. Did you two have planned, a trip to--up
19 through New England after the New Hampshire race?
20 A: Yes, sir.
21 Q: And what was going to happen--whose week
22 was that to have Houston, first of all?
23 A: That would have been her ex-husband's
24 week.

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1 Q: Okay.
2 A: To have Houston.
3 Q: And you don't know, one way or the other,
4 of course, what she represented to him, that ya'll were
5 going to be doing, do you?
6 A: I would have said she told the ex-husband
7 that we were on a trip that week.
8 Q: Okay.
9 A: And there was a business day involved in
10 it as well.
11 Q: All right. And what was the business day?
12 A: The Thursday appearance at the Weather
13 Channel.
14 Q: That would be on the 26th--the 25th? Is
15 that right? Thursday the 25th?
16 A: Yes, sir.
17 Q: All right. Now, what made everything blow
18 up? Just tell us what happened on the 21st, that Sunday.
19 A: With months and months adding up to me not
20 wanting to be with her, that evening--with the poor
21 performance in the race, it helped symbolize the fact
22 that I didn't achieve the results that I wanted to in the
23 racing circuit this year, this past year, and a lot of it
24 was due to the fact that I couldn't spend enough time

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1 with my team and the team members.
2 Q: Why not?
3 A: Because I was continuously directed to
4 Maryland or to different functions that she would
5 schedule. And I had enough and I said, this is not where
6 I want to be in my racing career, and you have led me
7 down a path that doesn't allow me to focus on the
8 racecar. And I said, our relationship is through.
9 Q: When did you tell her that and where were
10 you?
11 A: It was on--in the car ride on the way to
12 the Boston Airport.
13 Q: And were you on the way to Boston Airport
14 originally? What was your destination when you left the
15 race in New Hampshire?
16 A: The first stop was supposed to be Rhode
17 Island. I'm trying to go through geography. Rhode
18 Island is to the east of Connecticut, and we were
19 supposed to go through Connecticut and then to New York.
20 Q: Okay. Those were the three locations?
21 A: Yes, sir.
22 Q: All right. And when you were driving, did
23 you detour to the Boston Airport?
24 A: I did.

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1 Q: How'd that happen?
2 A: I made the call in my mind that the
3 relationship was over and that we needed to separate.
4 Q: Were the two of you arguing? Was there
5 anything that led to that sort of crisp decision in your
6 mind?
7 A: It was the vented frustration that has
8 been well-documented in this court, that was immediately
9 after the race, when we got in the car.
10 Q: All right. But let me--let's just walk
11 through that now, and forget about what other people have
12 said. Are you talking about the rearview mirror?
13 A: Yes, sir.
14 Q: Tell us what happened there.
15 A: I tore it off in frustration.
16 Q: And at what stage? Just walk me through
17 it. You get to your car--
18 A: [Interposing] Within the first few minutes
19 of getting in the car.
20 Q: What do you do? What did you do, rather?
21 A: I tore the rearview mirror off.
22 Q: And did you say anything when you did it?
23 A: I probably said that I'm really fucking
24 pissed off, and I wish that the race could have gone

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1 better, and that the fucking year could have been a lot
2 better.
3 Q: All right. Did you hit her with it as you
4 jerked it off?
5 A: I didn't realize that I did, no.
6 Q: So if you did, you didn't mean to?
7 A: That's right.
8 Q: And you don't know whether you did or not?
9 A: I don't.
10 Q: Okay. What about a seatbelt, you heard--
11 did you do anything during your frustration, about her
12 seatbelt?
14 Q: At any time?
15 A: At any time.
16 Q: All right. I didn't realize those things
17 came off so easily.
18 A: The mirror?
19 Q: But once you take the mirror--once you
20 take it off, where'd you put it? What'd you do with it?
21 A: I tossed it in the backseat.
22 Q: All right. And so then where did you head
23 in the car?
24 A: I was, at that time supposed to head to

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1 Rhode Island, and I detoured to the Boston Airport.
2 Q: Did you tell her what you were doing and
3 why?
4 A: I told her that I was going to the Boston
5 Airport and--
6 Q: [Interposing] What were you going to do
7 there?
8 A: I needed a public place to drop off and
9 separate.
10 Q: Were you going to drop off the car or drop
11 off her? What was your plan?
12 A: I was looking to get as far away from her
13 as possible.
14 Q: And what was she saying?
15 A: This will blow over. You'll be fine.
16 It's just a bad race. We'll get 'em next year. I'm
17 like, no, you don't understand. I have to leave you if
18 I'm going to fix what I have to fix with the race team,
19 and I am tired of not having my focus with the race team
20 down in North Carolina.
22 A: She didn't get aggressive until she saw me
23 turn towards Boston Logan Airport. There was an exit off
24 of the 95 Freeway.

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1 Q: And then how did she get aggressive?
2 A: She said, I can't believe you're going to
3 the airport. I can't believe it. You don't need to do
4 this.
5 Q: And what'd you say?
6 A: I said, I have to go to a public place to
7 separate because I know you're going to pull some sort of
8 shenanigan when it comes for me to get out of the car.
9 Q: And what'd she say?
10 A: She was still in disbelief that I was
11 going to the airport.
12 Q: And why did you think that she'd pull some
13 kind of shenanigan?
14 A: Because I know how she operates.
15 Q: And how is that?
16 A: It's to do the unthinkable, when you think
17 that you've got everything under control.
18 Q: And so when you--did you stop the car at
19 some time or what? Just walk me through what you did.
20 A: It started getting heated when I was in
21 line with the departure lane for flights, and the Rent-A-
22 Car return.
23 Q: And so you were having to stand--drive and
24 sit in traffic?

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1 A: No, we were rolling the whole time, and it
2 came to a point to make a right-hand turn or a left for
3 departure flights, or a right or a left for Rent-A-Car
4 return.
5 Q: And what'd you do?
6 A: I just stopped right in-between the two,
7 at the fork in the road.
8 Q: Was it in gear?
9 A: I put it in gear and I got--I hit the
10 trunk button on the door, to retrieve my belongings.
11 Q: And then what'd you do?
12 A: I tried to grab my bags out of the back,
13 but she drove away.
14 Q: So did she go around, or slide over, or
15 what?
16 A: She jumped from the passenger's seat to
17 the driver's seat.
18 Q: And what were you doing when she drove
19 away?
20 A: Standing there in disbelief.
21 Q: Well, you've heard testimony about a
22 broken trunk handle. Did you have your hand on the trunk
23 handle?
24 A: Yeah, that was one of those plastic ones,

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1 if you're locked inside it, that you pull the handle.
2 Q: Uh-huh.
3 A: And that was the only thing that I could
4 grab because I was in astonishment that she was driving
5 off, confirming that the relationship had ended.
6 Q: What was left--where was your baggage and
7 everything? Did you get it?
8 A: She drove off with it.
9 Q: So what'd you do?
10 A: I stood there for a second. And I had the
11 clothes on my back. I had my cell phone and my wallet.
12 And I thought that was it. She's done. It's over. And
13 I texted her and I said, I knew you'd pull a stunt. Bye
14 forever.
15 Q: And so then where'd you go?
16 A: I went to the terminal. I went to go look
17 at flights.
18 Q: Had you been drinking at all that day?
19 A: No, sir.
20 Q: Do you drink, again--did you drink any of
21 that weekend?
22 A: I sat there at the airport bar, trying to
23 develop a plan, and I had a beer.
24 Q: Okay. Did you call somebody?

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1 A: I was texted first by a close friend.
2 Q: Tell me about it.
3 A: He texted and said, saw that you had a
4 tough result. I didn't watch the race. How did it go?
5 Q: And what'd you do?
6 A: I texted him back and I said, it didn't go
7 well, the season has gone to shit. I'm just at the
8 Boston Airport looking for a ride horne.
9 Q: And what'd he do?
10 A: As luck would have it, a friend of mine
11 from Las Vegas was in Boston. He was ten minutes from
12 the airport.
13 Q: The guy you were texting?
14 A: The guy I was texting.
15 Q: All right. So as a result, what did you
16 do the next three-to-four days?
17 A: I went and stayed at his friend's house.
18 Q: In Boston?
19 A: In the Boston Metro area.
20 Q: Okay. Now, did you contact Patricia after
21 that?
22 A: No, sir.
23 Q: When's the next time you heard from her?
24 A: September 26th.

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1 Q: All right. So what was your intent at the
2 time you got to the Boston Airport, and what was your
3 belief in terms of the relationship and the future with
4 Patr:'£:cia.?
5 A: That I just needed to pull the Band-Aid.
6 I needed to end the relationship--
7 Q: [Interposing] Well, I heard that
8 relationship--I heard that phrase and we saw it in one of
9 the texts. What does that mean, pull the Band-Aid?
10 A: That means end the relationship. That
11 means get out of the tough spot, in a sense. Pulling the
12 Band-Aid means, all right, there's going to be blood on
13 the other side. Just pull it and move on.
14 Q: Do you literally mean blood?
15 A: No, I was just trying to draw an analogy
16 of a Band-Aid.
17 Q: All right. And in that time--by the time
18 you got out at Boston, had you done anything concerning a
19 seatbelt against her, whether it was wrapping it around
20 her, or pulling it on her, or anything like that?
21 A: No, sir.
22 Q: Now, when you first heard from her--so
23 where were you when you first heard?
24 A: I was in my motor home.

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1 Q: Which night?
2 A: On Friday, September 26th.
3 Q: Okay. Had you tried to reach out to her
4 at all since the 21st?
5 A: No, sir.
6 Q: And what were you doing in your trailer
7 there, on that--you were supposed to race. That was on a
8 Friday night, is that right?
9 A: Yes, sir.
10 Q: Had you had anything to drink that day?
11 A: No, sir.
12 Q: Did you have anything to drink that night?
13 A: No, sir.
14 Q: So this offense that we're here about, was
15 alcohol in any way related to that offense?
16 A: No.
17 Q: And so what did you do that night? On
18 that Friday, did you practice, or do time trials, or
19 anything on Friday?
20 A: I did. There was practice, and then there
21 was time trials in the late afternoon.
22 Q: So then at the time that you got your text
23 from her, what were you doing?
24 A: I was watching a movie, and the movie

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1 ended in the unique fashion that it hit me spiritually,
2 with--I guess spiritually isn't the word. It just hit me
3 emotionally, on how the result of the movie ended and
A. .. what I was going through in my life, with a young, little
5 boy and a man leaving his significant other in the movie.
6 It was ironic.
7 Q: So is the text message you sent accurate,
8 that you were crying?
9 A: I was crying, uh-huh.
10 Q: And do you cry at movies sometimes?
11 A: This one was a tearjerker. I don't cry
12 normally.
13 Q: And what made it--made you cry, watching
14 that one? It had to do with what, the relation to your
15 relationship, to your own life?
16 A: It did, on the fact of her son, Houston,
17 and the fact that in the movie, Brad Pitt left his wife
18 to seek other adventures, and then circled back around at
19 the end of the movie, to see his boy grown up.
20 Q: Okay. Not having seen it, he left him and
21 then came back after he was grown?
22 A: Yes.
23 Q: And did you relate that son to Houston?
24 A: Yes.

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1 Q: In what way?
2 A: The fact that he left the significant
3 woman figure in his life, with a child, at the beginning
4 of the movie, and then circled back around at the end, to
5 see the boy.
6 Q: And what did that mean to you?
7 A: That meant that I'm leaving Patricia, and
8 that if I ever have the chance to circle back around with
9 Houston, he'd probably have to be an 18-year-old man on
10 his own, if I ever wanted to see him again--if he wanted
11 to come and see me. I wouldn't approach him after all of
12 this.
13 Q: Were you in any way depressed and were you
14 thinking in any way of harming yourself?
16 Q: So if you had to describe your frame of
17 mind at the time you received her text, besides the fact
18 that you were crying over this movie, how would you
19 describe it?
20 A: There was a confused state on where I was
21 with my race team and how I needed to fix the things I
22 needed to fix with it. I needed a movie to pass the time
23 between the qualifying session and going to bed that
24 evening, and the movie that came on was that such movie.

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1 And the reason why I watched it was because the lead
2 actor left his significant other at the beginning of the
3 movie. And it was amazing how it all twisted and turned
_4 into the emotions of everything between September 21st
5 and September 26th.
6 Q: So when you received her text message that
7 the Court has seen and reviewed, and you responded to her
8 that you were crying, having watched that movie and all,
9 did you expect her or want her to come over?
10 A: No, I did not.
11 Q: Did you ask her to come over?
12 A: I just said that your timing was
13 impeccable.
14 Q: And what did you mean by that?
15 A: That she always seems to know what the
16 situation is.
17 Q: Did you think these extracurricular
18 activities she's engaged--she engaged in, she told you
19 about and all that, gave her some kind of secret ability
20 to follow you or look at you? I mean, what was your
21 state-of-mind?
22 A: She always gave me a sense of, that she
23 was tracking things.
24 Q: But you really have no evidence of it, do

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1 you?
2 A: I don't have any evidence, no.
3 Q: And you really didn't have any evidence--
4 A: [Interposing] Other than she checked my
5 ADT account, with the cameras at my house, during that
6 week of separation.
7 Q: What do you mean?
8 A: My assistant, Kristy, talked earlier that
9 she had tapped into the password of the ADT account at my
10 house, to track activity.
11 Q: When did she do that?
12 A: Sometime during that week.
13 Q: The week before the--I mean, the week
14 before--between the 21st and the 26th?
15 A: Yes, sir.
16 Q: Well, were you eating dinner while you
17 were watching this movie?
18 A: Yeah, I had made some mac and cheese.
19 Q: All right. And then after the movie was
20 over, what'd you do?
21 A: I picked myself up off the floor and went
22 to bed.
23 Q: What's your usual time to go to bed, if
24 it's race weekend?

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1 A: 9:00, 9:30.
2 Q: What time did you go to bed that night?
3 A: 9:00, 9:30.
4 'Q: Do you generally sleep in the nude?
5 A: Yes.
6 Q: And in this particular trailer and bedroom
7 where you were, can you kind of draw a--and the picture
8 is in here for the Court to see. But can you kind of
9 with words, tell him basically, how it's set up? For
10 instance, if I'm walking in the front door, and I'll try
11 to keep my voice up, of the motor home, what's to my
12 right?
13 A: If you walk in the front door, immediately
14 to your right is the TV and the windshield of the motor
15 home.
16 Q: All right. So we've heard testimony about
17 Houston. Ya'll have different versions of who took
18 Houston to watch TV, correct?
19 A: Yes, sir.
20 Q: But whichever one of you it was, would
21 that have been that he ultimately, when we get to it in a
22 moment, would have ended up to the right, as you walk in?
23 A: The door is immediately against the front
24 of the motor home.

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1 Q: Okay.
2 A: So if you come up steps and make a left,
3 now you're looking straight down the motor home.
4 Q: Toward the bedroom?
5 A: Towards the bedroom.
6 Q: And the driver would be back this way?
7 A: Yes, sir.
8 Q: And the TV
9 A: The TV is back behind it, yes.
10 Q: Okay. So when the Court sees some photos
11 that were introduced shoots straight down, that would
12 be coming in the front door and looking to the left?
13 A: Yes.
14 Q: All right. Now, in your motor home, when
15 you went to bed that night--by the way, how did you get
16 into your place? I mean, do you have to have a key?
17 A: There's an entry code, that you press
18 buttons on the outside door.
19 Q: All right. Does Patricia--or did Patricia
20 have that code from the past?
21 A: Yes, sir.
22 Q: And why didn't you change that code after
23 the 21st?
24 A: I didn't expect to have to change the

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1 code.
2 Q: All right. Now, at the time, that day,
3 when she arrived at your place--thank you.
4 MR. HARDIN: Well, that may not be a bad idea.
5 Q: At the time she arrived that night, were
6 you asleep?
7 A: Yes, sir.
8 Q: And how long do you think you had been
9 asleep?
10 A: A half hour or 45 minutes.
11 FEMALE VOICE: Oh, thank you.
13 MR. HARDIN: Thank you, Judge.
14 Q: When she arrived, were the lights inside
15 on or off?
16 A: All the lights were off.
17 Q: And again, you think you had been in bed,
18 how long?
19 A: A half hour, 45 minutes.
20 Q: Had you fallen asleep?
21 A: Yeah, I fall asleep very easily.
22 Q: I'm going to give you a copy. Well, first
23 of all, will you look at what we've marked as R-15, and
24 tell me whether or not that reflects - - ?

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1 A: Yes, sir, it does.
2 MR. HARDIN: I move to introduce R-15.
3 A: The current drawing is how the motor home
4 was designed back in 2006.
5 Q: Okay.
6 A: And since then, we have done a remodeling
7 of the--what would be described on here as the short-hang
8 wardrobe, which is on the driver's side. That's now
9 Houston's bunk.
10 Q: Okay. Let me ask you this. Does this
11 accurately describe - - is there anything different on
12 this from when she came? What would be different? So if
13 the Court admits this and looks at it, what would he - -
14 ?
15 A: That the kitchen sink is in a different
16 location, and that short-hang wardrobe is a bunk for
17 Houston to sleep in.
18 Q: Other than that, as far as the rooms that
19 are involved in this particular incident, would it be
20 accurate?
21 A: Yes, sir.
22 MR. HARDIN: All right. Again, I'll move to
23 introduce R-15.

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DIRECT EXAMINATION, OF K. BUSCH BY R. HARDIN 213
1 MS. MCNEICE: My objection is that, as he
2 indicated, this does not accurately reflect the interior
3 of the motor home at the time of this incident.
4 MR. HARDIN: Well, I mean--
5 THE COURT: [Interposing] Do we need to take a
6 recess?
7 FEMALE VOICE: No, I'll take care of it.
8 THE COURT: Are you sure? Okay.
9 MR. HARDIN: I mean, I can--
10 THE COURT: [Interposing] I apologize. We've
11 had some extracurricular activity over there that--
12 MR. HARDIN: I can break if--
13 THE COURT: --has resulted in a spill that may
14 need to be cleaned up.
15 MR. HARDIN: It won't bother me to break.
16 THE COURT: What we can do is, if the diagram
17 doesn't accurately depict how the motor home looked on
18 the occasion of the incident, we could have Mr. Busch, if
19 he has a--if he has the ability, we could have him modify
20 the diagram to accurately depict it--
21 MR. HARDIN: [Interposing] I mean, I'll be glad
22 to show and ask him--
23 MR. BUSCH: [Interposing] Yeah, it's 99 percent
24 accurate.

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1 THE COURT: Okay. So what we can do is, I
2 suppose we'll recess, so that we can have this spill
3 cleaned up, and then we'll come'back on--
4 MR. HARDIN: That's fine, Judge.
5 THE COURT: And we'll have Mr. Busch amend that
6 diagram for admission--
7 MR. BUSCH: [Interposing] Do you want me to do
8 that during recess?
9 THE COURT: No, sir--
10 MR. HARDIN: Here--
11 THE COURT: Wait to do it while we're on the
12 record--
13 MR. BUSCH: [Interposing] Okay. Understood.
15 [END 436261 20150112-1358 PART5.WMA]
17 [START 436261 20150112-1452 PART6.WMA]
18 FEMALE VOICE: Be seated.
19 THE COURT: Nice job.
20 FEMALE VOICE: Thank you.
21 THE COURT: All right. We're back on the
22 record. Everything is high and dry. We managed to get
23 Mr. Busch some water without ...
24 MALE VOICE: Well, it was her water--

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1 THE COURT: [Interposing] - - the witness--
2 MALE VOICE: It wasn't mine.
3 THE COURT: Yeah, she didn't spill it. That's
4 the more important thing. Okay. So we're back on the
5 record, and I believe when we left off, Mr. Busch was
6 going to amend the document that's been proposed, but
7 objected to, to sort of more accurately depict what the
8 motor home interior looks like.
9 MR. HARDIN: Thank you, Judge. I don't need to
10 belabor it.
11 Q: And if you would just look at it? And do
12 you have a pen with you or do you want to--
13 A: [Interposing] I do not have a pen.
14 Q: All right. Here, take this. On this
15 second copy here, sort of mark what's different on 15
16 now, than what's on that diagram.
17 A: Okay.
18 THE COURT: And once you've drawn in the
19 differences, sir, what we can do is, we can submit that
20 to Ms. McNeice and Ms. Driscoll, and they can look at it
21 and see if there's any continuing objection to its
22 admission.
23 MS. MCNEICE: I'm sorry. This is his change?
24 THE COURT: Yes.

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1 MS. MCNEICE: And he made this--I thought you
2 said on the second page. I apologize.. Did he make any
3 changes?
4 THE COURT: I think the changes would be
5 reflected on the document. That's okay, sir.
6 MR. HARDIN: This matches your tie.
8 THE COURT: All right. Is there a remaining
9 objection, Ms. McNeice, to the document?
10 MS. MCNEICE: No, thank you.
11 THE COURT: Okay. It will be admitted.
14 Q: Now, if you could, I'm going to ask you
15 just from where you're sitting--well, I've got an extra
16 one here.
17 MR. HARDIN: I'm going to pass up to the Court,
18 where I put, S-15 [sic]. If you can put another 15 on--
19 THE COURT: [Interposing] Yeah, whichever one
20 has been modified by the witness is the one that needs to
21 be admitted before me--
22 MR. HARDIN: [Interposing] - - 15
23 MS. MCNEICE: I'm sorry. S-15?
24 MR. HARDIN: S.

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1 MALE VOICE: :R.
2 MS. MCNEICE: R.
3 MR. HARDIN: Excuse me.
4 THE COURT: It's okay.
5 Q: Now, my first question is, what you've
6 written in on there, that I think the Court has up there
7 with him, does that change any of the locale of anything
8 that we're going to be talking about, as to where this
9 happened?
10 A: No, it does not.
11 Q: Okay. Now, when you walk in and you shoot
12 down to the--when we look at that diagram that the Court
13 has before it, would you describe, as you walk down the
14 hall--perhaps, you can hold it up and point with your
15 finger, where you would have walked--where you were
16 lying, why don't you put a KB?
17 THE COURT: Okay. If he's going to mark a
18 document, it needs to be the one that's being admitted
19 into evidence--
20 MR. HARDIN: [Interposing] All right. Fine.
21 THE COURT: And so I don't mind doing that.
23 THE COURT: If he wants to do that.
24 Q: If you would, on the same document, write

22 Cortlandt Street -·Suite 802, New York, NY 10007
Phone: 212-346-6666 *Fax: 888-412-3655
1 in, KB, which is where you were when she got there. All
2 right. And then if you would, would you put a K and P
3 for the--where the two of you would have--ultimately be
4 standing when whatever encounter occurred? Are you with
5 me?
6 A: Yes, sir.
7 Q: Okay. Just put a K and P. Okay. Now, we
8 can give that back to the Court.
11 Q: Let's walk through now, what happened
12 here. You're in bed, asleep. What do you hear first?
13 A: The door swing open.
14 Q: And when they sling--when it slung open,
15 what did you--who said something first?
16 A: I said, who the fuck is there?
17 Q: All right. So the two of ya'll agree with
18 that, right?
19 A: Yes, sir.
20 Q: I believe that's what she said. But are
21 you absolutely insistent that you were asleep when they
22 came in, and not that you were awake?
23 A: I was asleep.
24 Q: All right. And was there a response?

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1 A: It's me.
2 Q: Did you recognize the voice?
3 A: Yes, I did recognize the voice.
4 Q: So then what happened?
5 A: She came storming into the bedroom area.
6 Q: What do you mean, storming in? Can you
7 describe that, what that means?
8 A: To me, it meant walking briskly towards
9 the back of the motor home, with her son in her right
10 hand.
11 Q: She was holding his hand?
12 A: Holding his hand.
13 Q: All right.
14 A: To observe the room.
15 Q: All right. So now if--let's see if we
16 could create this room. Let's assume that you - - and
17 Houston have come in this way.
18 A: Uh-huh.
19 Q: Okay. Down the hall, all the way back
20 behind you, and then what?
21 A: Behind me?
22 Q:
23 THE COURT: Behind Ms. Driscoll, you're talking
24 about, when she walked in.

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1 MR. HARDIN: Yes.
2 THE COURT: Okay.
3 Q: As you sit there now--
4 THE COURT: [Interposing] It's going to get
5 real confusing, if you get into pretending, sir.
6 MR. HARDIN: Yeah.
7 Q: So let's do this--
8 A: [Interposing] The TV's behind Patricia.
9 The TV is behind her.
10 Q: Okay. The steering wheel and everything?
11 A: Yes.
12 Q: All right. And so when she comes in,
13 which way is the bed facing? Is it facing this way,
14 perpendicular, or is it facing ...
15 A: It's perpendicular to the motor home.
16 Q: Okay. All right. Now, when you get out
17 of the bed--or do you get out of the bed? Let me put it
18 that way first. When they come in, who says something
19 first when she gets there?
20 A: I stayed in bed. I sat up straight. I'm
21 startled that there's an intruder in my motor home.
22 Q: Okay. But now you know who the intruder
23 is. It's her, right?
24 A: Yes.

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1 Q: All right.
2 A: At that time, I had turned the light on to
3 see.
4 .Q: Who turned the light on?
5 A: I did.
6 Q: Is that a side bed light?
7 A: Yeah, there's switches in many locations.
8 Q: All right. And who said what first?
9 A: She said, it's me, which meant Patricia,
10 and that she came in abruptly and aggressively to inspect
11 the bedroom.
12 Q: I asked you what she said.
13 A: Okay.
14 Q: I didn't ask you to describe anything. So
15 when she comes into the bedroom, what's the first thing
16 she says?
17 A: I don't remember the first thing that she
18 said.
19 Q: All right. Once she came in--what about
20 Houston, did he come with her?
21 A: Yes.
22 Q: All right. What was the first thing that
23 was said by either one of you?
24 A: I know that I said, what are you doing

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1 here?
3 A: I came to check on you.
4 Q: Okay. Did she say anything before you
5 did?
6 I don't remember if she said something
7 before I said, what are you doing here?
8 Q: Yeah, but now we're going past that.
9 A: Okay.
10 Q: You just said, what are you doing here?
11 And she said, I came to check on you. Who said what
12 next?
13 A: I said, you don't need to be here.
14 Q: So did you say anything else?
15 A: I didn't at that time.
17 A: She said, if we're through, you need to
18 tell Houston that this relationship is over, that you
19 need to man up and not be a coward.
20 Q: And what tone of voice did she use?
21 A: Similar to what I just used. It was firm,
22 and it was a directed order.
23 Q: And what was Houston doing?
24 A: Standing there next to her.

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DIRECT EXAMINATION' OF K. BUSCH BY R. HARDIN 223
1 Q: How was he acting?
2 A: He was quiet and attentive to the
3 situation.
4 Q: What did you respond?
5 A: ;I.said that this is not a situation for
6 Houston.
'
7 Q: So what'd you do?
8 A: I either had another point of discussion
9 with her.
10 Q: Do you remember that, one way or the
11 other?
12 A: It would have been, you need to leave, and
13 that I'm not talking to Houston at this point.
14 Q: Did you tell her that?
15 A: I probably said--
16 Q: [Interposing] I don't want probably.
17 A: Okay.
18 Q: Just what you remember.
19 A: I remember telling her that I will talk to
20 Houston in the off season, and that this is an adult
21 situation right now, and I will come afterwards and talk
22 to Houston, if you want me to do that.
23 Q: So what did you do then?
24 A: She demanded that I tell him right now,

Phone: 212-346-6666 * Fax: 888-412-3 655
1 that it was over.
3 A: She said, tell him that this is over.
4 Tell this little boy that you won't be in his life.
5 Q: She said that?
6 A: Something of that nature.
7 Q: What'd you say?
8 A: I, at that point, got up and took Houston
9 to the front of the motor home, so that I could turn the
10 TV on, close the door, and then have an adult discussion
11 with her because I could see that she wasn't going to
12 leave.
13 Q: How many times had you told her to leave
14 by that moment?
15 A: At least three at that moment.
16 Q: Okay. In her case, you heard her testify
17 that she took Houston up to the front. Is that true?
18 A: That is not true.
19 Q: So what ·did she do when you took him up
20 front?
21 A: She stood there.
22 Q: Was she still in the bedroom?
23 A: Yes, sir.
24 Q: Okay. And then what happened after--well,

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1 how--did he willingly go with you?
2 A: He did. He obeyed and sat politely and
3 watched TV.
4 Q: So what did you do then? Can you close
5 that TV off?
6 THE COURT: Just one second, so I can
7 understand where he was sitting. Where the sort of
8 parts on the motor home, were they extended at this time-
10 MR. BUSCH: [Interposing] Uh-huh, yes, sir, he
11 would be on that--what is labeled as sleeper sofa.
12 THE COURT: On the sleeper sofa, okay, thank
13 you, sir. You may continue. I'm sorry to interrupt.
14 MR. HARDIN: That's all right.
15 Q: Now, when you came--did you--when you came
16 back, where was she?
17 A: At the foot of the bed.
18 Q: So did you say the bed was sort of running
19 like, perpendicular like this? Well, which is--
20 THE COURT: [Interposing] It depends on your
21 orientation.
22 A: Who are you standing as, her? She's
23 standing at the--
24 Q: [Interposing] Well, I'm first asking--!

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1 understand why you're confused. I want to make sure--in
2 this area, you come back in, you're reentering the
3 bedroom.
4 A: Uh-huh.
5 Q: All right.
6 A: Yes, sir.
7 Q: Where was the bed?
8 A: The bed is to my right, as I reenter the
9 room.
10 Q: All right. And where was she?
11 A: At the foot of the bed, straight ahead.
12 Q: Okay. All right. Then what?
13 A: I walked by her and sat in bed.
14 Q: You got back in bed?
15 A: I got back in bed and covered myself with
16 the sheets.
17 Q: All right. Then what happened?
18 A: We began talking again.
19 Q: What was each of you saying? What did you
20 say and what did she say?
21 A: I said that the relationship had ended and
22 that I needed to focus on my racing, and that the time
23 that I've been with you, my focus isn't 100 percent clear
24 on the race, and that I needed to be in North Carolina

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DIRECT EXAMINATION, OF K. BUSCH BY R. HARDIN 227
1 more often.
2 Q: I want you to go back now and talk and--as
3 much as you can, demon$trate your tone and her tone. So
4 would you tell me again what you said and the way you
5 said it?
6 A: I told her that my racing had struggled.
7 Q: No, I don't want you to say, her. I want
8 you to act as if you're doing it right now.
9 THE COURT: Do you want him to reenact his
10 portion--
11 MR. HARDIN: [Interposing] Yes, please, thank
12 you.
13 THE COURT: --of this discussion?
14 MR. HARDIN: Yeah.
15 THE COURT: Okay.
16 Q: If you don't mind?
17 A: And after hearing--everybody got to hear
18 about my temper and everything else. I was applauding my
19 effort towards this situation and how calm I was, sitting
20 there, with the sheet laying over me, and I told her that
21 our relationship had ended, that it's through, and that I
22 needed to focus on my racing down in North Carolina, and
23 not be drug all over the United States doing different
24 appearances. I needed to get back into my routine and to

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1 live my life.
3 A: She said there's got to be other reasons
4 . why you're ending this relationship. Is there another
5 woman?
6 Q: What'd you say?
7 A: I said, absolutely not. I do not need you
8 in my life. And you can see, I'm ramping it up a little
9 bit. And I want to end this relationship.
10 Q: How was your tone? Were you ramping the
11 volume up any?
12 A: No, no volume. It was again, adult
13 whisper of tone, because we knew that Houston was in the
14 other room.
15 Q: Okay. So both of you were observing the
16 tone moderation?
17 A: Absolutely.
18 Q: Okay. What'd she say then?
19 A: She said, you need to tell this little boy
20 that the relationship is over. You are breaking his
21 heart. You're breaking my heart. You need to tell him,
22 it's over.
23 Q: And what did you say?
24 A: I said, I will tell him in the off season

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1 when this is all done and through.
2 Q: So how long was this conversation that
3 you've relayed so far? How quickly was it being done, do
4 you think?
5 A: I would say that we're up to about the
6 seven-minute mark.
7 Q: Okay. Then what was said next?
8 A: She opened the door to go grab Houston
9 again, and bring him back into the bedroom.
10 Q: Had you told her any more times that she
11 needed to leave?
12 A: Not during that exchange.
13 Q: All right. Then what happened?
14 A: When she went to go grab him, I was hoping
15 she would leave, and I yelled out, you should leave.
16 Q: And what'd she do?
17 A: She brought Houston back in the bedroom.
18 Q: And what happened then?
19 A: She said, you need to tell this little boy
20 that this relationship is over. And at that point, what
21 else was there to say, other than to take him back up
22 front.
23 Q: Oh, so you took him back up again?
24 A: Yeah, I took him up a second time. I

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DIRECT EXAMINATION· OF K. BUSCH BY R. HARDIN 230
1 closed the· door. And ~hen I came walking back by her,
2 this is when I cupped her cheeks.
3 Q: All right. Is this when the encounter
4 occurred, that we've been talking about?
5 A: Yes, sir.
6 Q: All right. I'm going to have you pretend
7 that I am Patricia, and I want to--stand up, and I want
8 you to demonstrate on me, what you did, okay?
9 A: Absolutely.
10 MR. HARDIN: And I guess we--if the Court
11 permits - - could use that bar.
12 A: This distance here is the same distance.
13 Q: Well, that's a good comparison.
14 A: Yeah, maybe right here on the side,
15 towards the Judge.
16 Q: So--
17 MS. MCNEICE: [Interposing] I'm going to object
18 to his characterization. We have a picture that clearly
19 outlines the exact distance between the wall and the bed-
20
21 THE COURT: [Interposing] Okay. Yeah, I mean,
22 I can see, and certainly, he can characterize it. I
23 think more than anything else, what this reenactment is--
24 intended to do was--is demonstrate the interaction

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1 between the parties, and not necessarily the space
2 between them. So I'll allow it.
3 One thing, folks, if you're going to do that
4 kind of thing, what you're going to need to do is, you're
5 going to need to make sure that you're close enough to
6 the witness stand, to have your voices heard while this
7 is happening. If someone is going to be describing
8 something, we need to be able to pick that up on the
9 record.
10 I'm not really sure whether that mic cord will
11 make it up to the edge of the bench, or not. All right.
12 There you go.
13 MR. HARDIN: - - over here
15 MR. HARDIN: Okay.
16 THE COURT: Yeah, if you can do that? And any
17 way you need to orient yourselves to make your voices
18 heard is fine with me.
19 Q: All right. Now, try to keep your voice
20 up, as well as, let's use this microphone.
21 A: Yes, sir.
22 Q: Now, who are you now?
23 A: I'm me.
24 Q: Coming back?

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1 A: Yes.
2 Q: You're coming back from the front?
3 A: I put Houston back up front.
4 Q: Okay.
5 A: And this sliding door close to the
6 bedroom.
7 Q: Okay.
8 A: This is the distance of the bedroom.
9 Q: All right.
10 A: As I--
11 Q: [Interposing] Where should I be? You
12 direct where I should be.
13 A: This is the bed.
14 Q: Going from right to left--
15 THE COURT: [Interposing] Okay. You've
16 described--
17 A: [Interposing] I've been laying here the
18 whole time.
19 Q: Excuse me. We can't do here.
20 THE COURT: Okay.
21 Q: We're going to have to do directions. So
22 the head of the bed would be to your right, all right, as
23 you came back in. Is that correct?
24 A: Yes, sir.

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1 Q: So as you walk in the room, the bed would-
2 -the head of the bed would be to your right?
3 A: Yes, sir, the head of the bed is to my
4 right.
5 Q: All right. And so the end of the bed
6 would be to your left?
7 A: It still is to my right. There's a
8 hallway that leads straight in--
9 Q: [Interposing] Okay. Keep your voice up
10 now, for him and this recorder. All right. Now, where
11 am I supposed to be, if I'm she?
12 A: A little further in. So you're standing
13 next to the bed, between the wall and the bed, where
14 there's a small, 20-to-24 inch space.
15 Q: And if you want to get back into bed, do
16 you come by in the front of me?
17 A: That's how I have to get back in bed, is
18 to slide back by in front of you, yes.
19 Q: All right. So I want you, if you would,
20 then to do that. Now, as you're standing in front of me,
21 for the record, I think maybe we're talking about 6-
22 inches apart or so. Does that sound about right?
23 A: Yes, sir.
24 Q: All right. Now, what is she doing with

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1 her hands as she's standing there?
2 A: They're ·down by her side.
3 Q: :Okay. And I am sort of up against the
4 wall. Was she up against the wall?
5 A: Yes, sir.
6 Q: All··right. And then when you went by her,
7 what did you do? Keep your voice up.
8 A: I cupped her cheeks. I looked her in the
9 eye and I said, you have to leave.
10 Q: In that tone of voice?
11 A: In that tone.
12 Q: Did you push her head back against the
13 wall?
14 A: I did not.
15 Q: Did you slam her head against the wall?
16 A: I did not.
17 Q: Did you slam her head three times against
18 the wall?
19 A: Absolut~ly not.
20 Q: Did you grab her throat?
21 A: I did not.
22 Q: Once you did that, what happened?
23 A: I slid back underneath the sheet and laid
24 back down in bed.

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1 Q: At any time, did you slam her head against
2 the wall?
3 A: No, sir.
4 Q: At any time, did you attempt to hurt her?
5 A: No, sir.
6 Q: At any time, did she act like she was
7 afraid of you?
8 A: No, sir.
9 Q: At any time, did you have any intent to
10 assault or physically harm her in any way?
12 Q: What were you doing?
13 A: I was sliding back into bed, telling her
14 that the relationship was over and she needed to leave.
15 Q: So then you got back in bed?
16 A: Yes, sir.
17 Q: What did she do?
18 A: She yelled out, this is far from over.
19 Q: In what tone of voice?
20 A: With an aggressive stance that directed
21 hurtful thoughts of, this is far from over. I didn't
22 know what that meant.
23 Q: All right. Well, what did she say in
24 addition to saying this is far from over? Did she say

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1 anything else before she went and got Houston?
2 A: Yes, sir.
4 A: She said that I'm a fucking pussy and a
5 coward, and that this is far from over. And she stormed
6 out of the bedroom, grabbed Houston, and went out the
7 door.
8 Q: Where were you when she went out the door?
9 A: I sat up in bed, hoping that the door
10 would close behind her and that she wouldn't be in the
11 motor home.
12 Q: At any time that night, did you do
13 anything that should have caused her any physical fear or
14 alarm?
15 A: No, sir.
16 Q: After she left, did you send her a text?
17 A: I got up out of bed and I relocked the
18 door. And I sent her a text after I sat there in bed and
19 stared at the ceiling for a while.
20 Q: And what'd you say? Do you--
21 A: [Interposing] I don't recall the actual
22 text.
23 Q: What was the reason for sending her a
24 text? What'd you mean?

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1 A: What I meant was, is that I knew our
2 relationship had ended, that I cared about her enough to
3 say that I would help her with her custody issues .
4 . Q: . _That's the one about custody, right?
5 A: Yes, sir.
6 Q: But there was a condition, wasn't there?
7 A: I can see how that can get misconstrued
8 into a condition, yes.
9 THE COURT: I think we have the evidence
10 somewhere in this vicinity--
11 MR. HARDIN: [Interposing] Petitioner's 2.
12 THE COURT: And that would be Petitioner's 2.
13 It may be on other exhibits as well. But if we need--if
14 the witness needs his recollection refreshed, we can
15 provide the exhibit.
16 MR. HARDIN: I can give him a copy, if that's
17 okay.
18 THE COURT: We'll give him the one that's in
19 the record. Sir, if you can review that and figure out
20 if that refreshes your memory about that text message
21 that you sent? I don't have it, so I can't tell whether
22 it is or isn't.
23 MR. BUSCH: Yes, Your Honor, it is.
24 THE COURT: Okay.

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1 Q: All right. And would you read to the
2 Court, what you wrote her at 10:37?
3 A: Yes, sir. Here is the deal. I will only
4 .support.the Houston custody shit, if you cooperate with
5 our split. Leaving me stranded and then showing up
6 unannounced hasn't been all that cooperative.
7 Q: What did you mean? What were you saying?
8 A: What--
9 Q: [Interposing]
10 A: --I meant by saying this was, I care for
11 Houston, I care for you, and I know that you've been
12 going through a custody battle, and I will help you with
13 that, but our relationship is over.
14 Q: Well, doesn't this also say that you're
15 not going to help her unless she cooperates with you
16 about ya'll being split up?
17 A: That's what it says, but to me, what I was
18 trying to convey is that, I didn't have anything to hide
19 when I sent this text. There isn't anything to hide.
20 What it meant was that I knew she'd be pulling
21 shenanigans.
22 Q: And what'd you mean?
23 A: Such as, leaving me stranded at the Boston
24 Airport, when she drove away with the car. I mean, she

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1 jumped from the passenger's seat to the driver's seat
2 like a ninja. And the way that--when she doesn't get her
3 way, you don't want to stand in front of that bulldozer.
4. . Q: Well, after that, did the two of you trade
5 some--by the way, we only have text messages that you've
6 been provided. What did you do about your phone after
7 this? Could you explain to the Court why there are only
8 text messages for a certain period of time after this
9 happens on September 26th?
10 A: Yes, sir. At a certain point, I don't
11 remember the date, but I realized my iPad was missing
12 from my backpack that happened to be in the car that she
13 drove away from me. And so I had missing property.
14 Q: Now, had you been--
15 THE COURT: [Interposing] The iPad was in--
16 Q: By the way--
17 THE COURT: That was in your--in the car on the
18 21st? Is that what you're saying?
19 MR. BUSCH: Yes, sir.
20 THE COURT: Okay.
21 A: So I realized that my backpack was gone--
22 or the iPad was gone, and anything in the iCloud, with
23 your cell phone, the iPad, the computer, it all
24 communicates to each other. So if I was writing notes

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1 and she removed the iPad from my backpack, then she could
2 see everything that I was writing down for notes. So
3 that's why I had to get a new phone, and switch IP
4 addresses, and cancel that version of the Cloud.
5 Q: Did you do that?
6 A: Yes, sir.
7 Q: All right. Now, at the end of the day,
8 when all this happened, when did you first become aware
9 that she was claiming that you physically assaulted--
11 A: This would have been--
12 MALE VOICE: I apologize.
13 A: --a few weeks later.
14 Q: Okay. How did you find out?
15 A: Through rumors at the racetrack.
16 Q: And who were you hearing it from?
17 A: Quite a few individuals, people on my race
18 team, people on other race teams.
19 Q: And what were you understanding that she
20 said you did?
21 A: From them, they had said very vaguely,
22 that there was an altercation.
23 Q: You didn't have the details of what she
24 was saying--

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1 A: · [Interposing] There was one other person
2 outside of racing that said, she said I assaulted her.
3 Q: Okay. Now, during that time, did you have
4 conversations with a man who represented himself as her
5 lawyer, Mr. Dycio [phonetic]?
6 A: I had a couple of exchanges with Mark
7 Dycio.
8 Q: All right. And how was it? Were you the
9 one who started those exchanges?
10 A: I reached out to him.
11 Q: And why did you reach out to him?
12 A: Because I thought, if I'm hearing rumors
13 that she's going to claim some bogus claim, that I would
14 need representation from a lawyer.
15 Q: All right. And why were you going to him?
16 A: I knew that he would be her first choice.
17 Q: And so why were you going to him, if he
18 was going to be her first choice?
19 A: So that I could get him first.
20 Q: Okay. And so when you reached out to him,
21 what happened?
22 A: He said that you're a day late, that
23 Patricia had already called.
24 Q: Did the two of you start having

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1 conversations about possibly getting together?
2 A: That's when he wanted to tell me, I've
3 been through these situations before, the only person
4 that wins is the lawyer because we get all the money, and
5 you guys are going to spend money left and right to try
6 to settle this.
7 Q: So is that when--did you take that to be,
8 he was trying to work something out with you, with her?
9 A: That was the first conversation, yes.
10 Q: All right. And why was it and how was it
11 that you quit having those kind of conversations with
12 him?
13 A: The second conversation I had with him was
14 to schedule an appointment to meet, and he began to ask
15 me some questions that I felt uncomfortable with.
16 Q: And what do you mean, questions that you
17 felt uncomfortable with?
18 A: Such as, Patricia's demeanor, and how my
19 feelings were, and that you two needed to work this out
20 because.
21 Q: All right. And then at some time there,
22 you--did you then contact someone else and decide to have
23 them represent you?
24 A: Yes, sir.

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1 Q: Who did you contact?
2 A: My longtime personal lawyer, John
3 Caponigro.
4 Q: Okay. And the Court has seen the
5 correspondence back and forth. And on your behalf, did
6 Mr. Caponigro tell Mr. Dycio that he was now representing
7 you and to deal with him?
8 THE COURT: Just to sort of make the record
9 clear, I've only seen one piece of correspondence. I
10 don't want anyone to be mistaken about--
11 MR. HARDIN: [Interposing] Oh, no, that is my
12 mistake. I appreciate it. I thought the others were in.
13 Thank you very much.
14 THE COURT: I've only seen one letter,
15 apparently from Mr. Dycio to Mr. Caponigro, and it is--
16 MR. HARDIN: [Interposing] Thank you. Hold on.
17 THE COURT: That's in evidence, but I haven't
18 seen any other conversations between them, and I just
19 wanted to make that clear to the parties, in case there
20 was some mistake about what is before the Court.
21 FEMALE VOICE: It's Respondent's 2
22 MR. HARDIN: Respondent's 2, may I ask, is that
23 the October 13th letter?
24 FEMALE VOICE: I've just got that it's a letter

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1 from - -
2 [Crosstalk]
3 MS. MCNEICE: There was--something was going to
4 be ··Re,spon.dent' s 3. It was never admitted.
5 FEMALE VOICE: I have a letter - -
6 THE COURT: Actually, Respondent's 2 is some
7 text messages.
8 MS. MCNEICE: Yes. Respondent's 3, he
9 initially said--was dated October 13th. That was never
10 admitted.
11 THE COURT: Yeah, 3 is actually--
12 MS. MCNEICE: [Interposing] Respondent's 6 is a
13 letter dated October 22nd.
14 THE COURT: All right. Oh, it is. It's
15 unfortunately paper-clipped to something else that is not
16 Respondent's 6. Yes, it is--the only letter that I have
17 are correspondence between Mr. Caponigro and Mr. Dycio.
18 It is a letter dated October 22nd, 2014, and that's
19 Respondent's 6.
21 Q: All right. I'm going to ask you, if you
22 would, to look at Respondent's 17 and Respondent's 18,
23 and ask you if you recognize these letters?
24 THE COURT: And for the record, they haven't

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1 been admitted yet, those documents, but I guess that's
2 how that--they've been marked by Mr. Hardin. And so
3 those reference~ aren't to exhibits that are before the
4 Court, but rather, doc~ments that Mr. Hardin wants you to
5 look at, sir.
6 MS. MCNEICE: Okay. I don't have a 16. I have
7 a 15.
8 FEMALE VOICE: Well, we--
9 THE COURT: [Interposing] That's as far as
10 we've been. That's as far as the Court has admitted
11 documents for the Respondent--
12 MS. MCNEICE: [Interposing] I understand.
13 Thank you. I don't have this document--
14 THE COURT: Okay.
15 MS. MCNEICE: Okay. I have 17. I don't have
16 16.
17 MR. HARDIN: Well, 16 ...
19 MR. HARDIN: Did we skip one? Did we skip 16--
20 FEMALE VOICE: [Interposing] Yeah, the next
21 one--
22 MR. HARDIN: Is that the deal?
23 FEMALE VOICE:: --then would be 16.
24 THE COURT: The next exhibit before the Court

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1 is 16.
2 MR. HARDIN: All right. Thank you.
3 MS. MCNEICE: I'll just mark it. You're going
4 to,ask to have it admitted?
5 Q: All right. I'm going to ask you to look
6 now, if you would, at Respondent's 16 and Respondent's
7 17, and ask
9 Q: --if you recognize those letters,
10 correspondence back and forth between the respective
11 attorneys?
12 A: Yes, sir, I've read both of them.
13 Q: All right. And were you aware of them as
14 they were being exchanged back and forth?
15 A: Yes, sir.
16 Q: Okay.
17 MR. HARDIN: Then I will move to introduce, if
18 I may, Your Honor, 16 and 17.
19 MS. MCNEICE: Okay. I don't have anything
20 marked, 17.
21 MR. HARDIN: I know.
22 THE COURT: Ms. McNeice, once you've had an
23 opportunity to inspect the documents, just let the Court
24 know your position--

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1 MS ~''.'MCNEICE: [Interposing] Okay. I have 16.
2 Here ybu go. Do you h~ve another copy of this one?
3 MR. HARDIN: Of 17?
4 MS. MCNEICE: Uh-huh.
5 MR. HARDIN: Yes.
6 MALE VOICE: What day was it?
7 MS. MCNEICE: October 29th. I don't have this.
8 I only have just your statement here. Where is my copy
9 of this - - ? This is yours here. Thank you.
11 MS. MCNEICE: Thank you. I have no objection
12 as to the letter.
13 THE COURT: Okay.
14 MS. MCNEICE: To 16 or 17.
15 THE COURT: Those will be admitted as
16 Resporident's 16 and Re~pondent's 17.
17 [Whereupon, Respondent's Exhibits 16 and 17
18 were admitted into evidence.]
19 THE COURT: And they will be marked accordingly
20 and provided to Mr. Busch.
21 Q: Now, if you would, if we look at
22 Respondent's 6.
23 THE COURT: L6 or 6?
24 MR.· HARDIN: ;I'm going back to the one--the

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1 only one that was in evidence ..
2 THE COURT: 6.
3 MR. HARDIN: I'm just going to do it
4 chronologically, Your Honor.
5 THE COURT: Okay.
6 Q: If you look at Respondent's 6, were you
7 aware of this letter, telling him, Mr. Dycio that
8 represented - - ? This is Mr. Dycio, and this is what
9 might - - no other way to call it, but a demand letter.
10 Are you aware of that? Were you shown that letter at the
11 time it came out?
12 A: Yes, sir.
13 Q: Okay. Now, at the time of this letter,
14 were you--had you been talking the two-or-three weeks
15 before that, with Mr. Dycio, trying to reach some
16 understanding of whether something could be headed off or
17 - - or something like that?
18 A: Yes, sir.
19 Q: All right. And then Mr. Dycio makes the
20 demand in this letter, which is Respondent's 6, right?
21 A: Yes, sir.
22 Q: Okay. Now, Respondent's 16 is a letter
23 from another lawyer, is it not, representing you?
24 A: Yes, sir.

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1 Q: All right. And tell him who Mr. Cattrell
2 [phonetic] is.
3 A: These were some lawyers that worked in the
4 same jurisdiction as Dycio.
5 Q: In Alexandria?
6 A: In the Virginia, Alexandria area, yes.
7 Q: And it is the response, is it not, to Mr.
8 Dycio's letter, talking about, this needs to be settled
9 to her satisfaction, correct?
10 A: Yes, sir.
11 Q: Okay. And then were you still assuming at
12 that time, that--let me ask you. At that time, did you
13 know the details as yet, as to what she said--was saying
14 that you were supposed to have done on the 26th?
15 A: I did not know of any of those details
16 yet.
17 Q: All right. So you weren't aware that she
18 was claiming now that you had thrown her up against the
19 wall and grabbed her throat and so on?
20 A: No, sir.
21 Q: All right. But you knew she was making
22 some kind of allegation of what?
23 A: Extortion.
24 Q: Well, she was making--that's--maybe you

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DIRECT EXAMINATION. OF K. BUSCH BY R. HARDIN 250
1 misunderstood the question.
2 A: Okay.
3 Q: That's the way you took what she was
4 doing, correct?
5 A: Yes, sir.
6 Q: But did you know what kind of allegation
7 she was making, that you had done, in general? What was
8 the level of your knowledge at the time as to what she
9 was saying?
10 A: My level of knowledge is that there was an
11 alleged incident that she was creating.
12 Q: But what did you understand in your mind
13 at that stage, she was saying you did?
14 A: That she said that I did?
15 Q: Yes. What did you think she was claiming
16 you did?
17 A: She said that there was an incident in the
18 motor home.
19 Q: Did you know the details of what she was
20 saying yet?
21 A: I did not know the details.
22 Q: Okay. So at the time of these exchange of
23 letters in October, are you with me?
24 A: Yes, sir.

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1 Q: Are going on, that we just looked, in
2 evidence, all·the way to the end of October, were you
3 aware of any specifics as to what she was saying you were
4 supposed to have done?
5 A: Not the specifics, no, sir.
6 Q: Okay. Even when you had the oral
7 conversations with Mr. Dycio, did you know the specifics
8 of what she was saying you had done?
9 A: No, sir.
10 Q: Then when we look at--have you got in
11 front of you, Respondent's 17?
12 A: Yes, sir, I have it.
13 Q: At the time this letter arrived--you saw
14 this letter after he received it, did you not? After Mr.
15 Cattrell did?
16 A: Yes, sir.
17 Q: This letter indicates, does it not, that
18 Mr. Dycio is supposedly not going to be doing anything in
19 the case any longer? Is that right?
20 A: That's the way it reads.
21 Q: And if I take your mind back to when you
22 received this--your lawyers receive it on October the
23 29th. At that stage, did you--even then, did you have
24 any idea of the specifics of what she was contending you

22 Cortlandt Street- 'Suite 802, New York, NY 10007
Phone: 212-346-6666 * Fax: 888-412-3655
1 had done?
2 A: No, sir.
3 Q: And the extent of your knowledge by the
4 end of October was that she was saying what?
5 A: That there was an incident in the motor
6 home and that she needed to be handled--that she wanted
7 things done to her satisfaction is what I started to--
8 Q: [Interposing] All right. If you go to the
9 second page of Respondent's 6, do you have that in front
10 of you?
11 A: I have 16 and 17. I don't have 6.
12 Q: You don't have 6?
13 A: No, sir.
14 Q: Okay. Look at 6, and look at the second
15 page. Does that document indicate what you're expected
16 to do?
17 A: Yes, sir, that's what it says.
18 Q: And what does it say they want you to do?
19 A: It says here, as I am certain you can
20 appreciate, Ms. Driscoll's actions will in large part be
21 dictated by Mr. Busch's efforts to resolve matters to her
22 satisfaction.
23 Q: Does it say what kind of matters need to
24 be resolved?

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DIRECT EXAMINATION' OF K. BUSCH BY R. HARDIN 253
1 A: It does .not say that.
2 Q: Up at the top, what does it say? I don't
3 have - -
4 A: This says--
5 THE COURT: [Interposing] I've got the exhibit.
6 It says, division of property, settlement of financial
7 obligations, and resolution of personal issues that are
8 clearly best kept in confidence between the parties.
9 Q: Did you have any idea at that stage--it's
10 at the top of that--
11 A: [Interposing] I got it.
12 Q: It starts at the bottom and goes to the
13 top.
14 A: Oh, I see.
15 Q: Do you see?
16 A: Uh-huh.
17 Q: So what did she--and she tells you what
18 the Court has just relayed, does she not?
19 A: Uh-huh, yes, sir.
20 Q: All right. Now, even then, when she
21 talked about property issues, did you know what property
22 issues her lawyer was talking about?
23 A: Some furniture, and some clothing, and
24 belongings.

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1 Q: Okay. Did she still have your car?
2 A: She still had my vehicle.
3 Q: And what kind of vehicle was it?
4 .A: ... A Porsche Cayenne.
5 Q: And how much was it worth?
6 A: It was a leased vehicle.
7' Q: All right.
8 A: It's worth 140,000.
9 Q: All right. And was it still at her
10 location or her house?
11 A: Yes, sir.
12 Q: All right. And did you know of any other
13 things that needed to be resolved?
14 A: I would have assumed the Dos [phonetic]
15 Toros LLC needed to be resolved as well.
16 Q: All right. And that was the LLC, and what
17 was that created for?
18 A: That LLC was created, so that she could
19 maintain her mansion.
20 Q: Okay. Is that the name of the place?
21 When you say, her mansion, what does that mean?
22 A: That was a little sarcasm, but the name of
23 it is--
24 Q: [Interposing] Let's try to avoid it, if we

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1 can.
2 A: I'm sorry, sir.
3 Q: Go ahead.
4 . .. ., . .,. . ,.,-., ...A: Lilburn Mansion is the name of the address
5 at 3899 College Avenue.
6 Q: Okay. And what city is it in?
7 A: Ellicott City, Maryland.
8 Q: And so the name of the house or the name
9 of the development is--
10 A: [Interposing] The name of the house.
11 Q: Okay. So she has a house with the name,
12 mansion, on it?
13 A: Yes, sir.
14 Q: All right. Now, until she files on
15 November the 5th of 2014, did you have any knowledge
16 specifically of what she was claiming you had done?
17 A: On October 29th, when we received the
18 letter back from Dycio to the Cattrell lawyer, saying
19 that--this is Dycio, given that I am not licensed to
20 practice law in either of these jurisdictions, I do not
21 believe I will have an active role in either the civil or
22 criminal proceedings.
23 Q: Okay. But it still doesn't tell you
24 specifically what she's talking about, does it?

Phone: 212-346-6666 *Fax: 888-412-3655
1 A: No, but that's the first time that I got
2 wind of it.
3 Q: All right. Well, now wait a minute. I'm
4 sorry. I'm confused.
5 A: I'm probably jumping ahead as a witness
6 and assuming. But when I read that, it surprised me
7 because I had no idea there would be civil or criminal
8 proceedings coming.
9 Q: Oh, I see. So you thought--
10 A: [Interposing] So I still don't know
11 anything that--up to this point.
12 Q: So at that stage, did you think that it
13 was just simply something the lawyers were supposed to
14 get down, and talk about property and stuff?
15 A: Yes, sir.
16 Q: Are you saying, even at that stage, you
17 didn't know she was going to file some criminal charge
18 against you?
19 A: Yes, sir, I did not know--
20 THE COURT: [Interposing] Mr. Busch, if the
21 Court can direct your attention to the paragraph above
22 the one that you just read from, in Mr. Dycio's letter?
23 It refers to that civil matters, if they--as they exist
24 between our respective clients, will be addressed by the

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1 courts of North Carolina, and the matter of the assault
2 will be addressed by the Delaware court?
4 THE COURT: Okay.
5 Q: Is that the first time you realized--
6 A: [Interposing] That's the first time that I
7 realized.
8 Q: Okay. Let's see if we understand. Before
9 this letter, what did you think Mr. Dycio was talking
10 about, when they talk about an incident in the motor
11 home?
12 A: That I asked her to leave, and that there
13 was--
14 Q: [Interposing] Are you saying that you
15 didn't realize at this stage, that she was talking about
16 or claiming that you had assaulted her?
17 A: I had no reason to believe.
18 Q: You hadn't been told by anybody that
19 that's what the allegation was?
20 A: I had heard people saying that she was
21 alleging that there was an altercation.
22 Q: But they hadn't said anything about an
23 assault?
24 A: No, sir.

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1 Q: So when you got this, did you still have
2 any idea of what she was saying were the specific
3 elements of what you were supposed to have done?
4 A: Not to the specific elements, no.
5 Q: All right. Now, when this arrived, did
6 ya'll have any more contact with Mr. Dycio or anybody - -
7 before the charges were filed?
8 A: I don't believe so.
9 Q: All right. Any that you can be aware of,
10 is that right?
11 A: Yes, sir.
12 Q: All right. Now, I want to ask you several
13 things, and this is taken out of her allegation or
14 complaint that she filed here with the Court. And I want
15 to read you things and ask you what's true and what's
16 not. At approximately 10:00 p.m., the Respondent, that's
17 going to be you, was despondent after performing poorly
18 at a NASCAR qualifying race. Is that true?
19 A: What is despondent?
20 Q: That's a good question, but I guess people
21 would define it differently. How would you describe your
22 frame of mind at 10 o'clock--
23 THE COURT: [Interposing] Depressed.
24 A: At 10 o'clock p.m.?

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1 Q: Yes.
2 A: I was sleeping.
3 Q: Well, all right, right before you went to
4 sleep, how would you describe it?
5 A: Bummed.
6 Q: Okay. So despondent?
7 A: Yeah, they didn't go all that well. I
8 qualified 22nd or so.
9 Q: Out of how many?
10 A: Forty or so.
11 Q: All right. He was verbally abusive to her
12 and said he wished he had a gun, so that he could kill
13 himself. Is that true?
15 Q: At any time that night, did you tell her
16 that you wished you had a gun and you'd kill--you'd like
17 to kill yourself?
18 A: Absolutely not, no, sir.
19 Q: Were you verbally abusive to her?
20 A: I asked her to leave many times, but I was
21 not verbally abusive.
22 Q: He repeatedly called her names, such as,
23 psycho, quote, "piece of shit." Did you call her those
24 names?

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1 A: No, sir.
2 Q: What did you say that would have reflected
3 on her psyche--
4 .A: [Interposing] I--
5 Q: --if it did?
6 A: That she was a controlling woman, and that
7 I didn't know what her capacity is and what her
8 capabilities are, as far as spying.
9 Q: Oh, you did mention something about
10 spying?
11 A: I just said that there's always a feeling
12 of surveillance.
13 THE COURT: Now, was this a part of the
14 discussion that you had on the 26th, sir, in the motor
15 home?
17 THE COURT: Okay.
18 Q: And so that wasn't clear. What I'm
19 reading you is her version that she swore to, that says
20 happened in the motor home, and I'm just asking you which
21 parts of this are true and which parts are not.
22 A: Okay.
23 Q: Okay. So let me go back to that. As part
24 of what she swore to, she said that he repeatedly called

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1 her names, such as, psycho. Did you call her psycho?
2 A: No, sir.
3 Q: Quotes around "piece of shit?"
4 A: No, sir.
5 Q: Did she use any of those phrases for you?
6 A: No, she called me a fucking pussy and a
7 coward.
8 Q: Okay. He accused her of having spies
9 everywhere and having a camera on the bus to watch him.
10 Did you say that?
11 A: No, I did not say that.
12 Q: What did you mean--did you say anything
13 remotely connected to that line?
14 A: I was using the phrase as far as, she's
15 always surveilling and spying on what I'm doing, and she
16 gives you that sense of all the time, watching you.
17 That's what it meant.
18 Q: Okay. He continued to rant at the
19 Petitioner about his teammates and other matters. Did
20 you do that?
22 Q: At any time during the 26th, when you were
23 in your home, did you rant about any of your teammates?
24 A: No, sir.

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1 Q: At any time that you were talking to her
2 in your home on the 26th, did you talk about your
3 teammates, one way or the other?
4 A: No, sir. I just referenced that I needed
5 to be back in North Carolina more, to work with my team.
6 Q: He suddenly jumped up and grabbed her face
7 with his right hand, and smashed her head three times
8 against the wall next to their bed. Is that true?
9 A: No, sir.
10 Q: Did that happen in any way?
11 A: No, sir.
12 Q: The Petitioner pushed the Respondent away
13 and ran from their bedroom. Did that happen?
14 A: She did not push me away.
15 Q: Where were you at the time that she left
16 your bedroom?
17 A: Laying in bed.
18 Q: She went to a nearby bus and put an
19 icepack on her head and neck. You wouldn't know about
20 that, one way or the other.
21 A: I wouldn't know about that.
22 Q: All right. She experienced severe pain
23 and difficulty breathing, as well as, bruising on her
24 neck. Did anything happen while she was in your home,

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1 that would have caused :that?
2 A: No, sir, nothing happened.
3 .Q: There's been testimony as to whether you
4 were interviewed·by the police. Did you voluntarily give
5 them an interview whenever you were contacted about this
6 matter?
7 A: Yes, sir.
8 Q: Did you .actually, through your lawyers,
9 ask to be able to be interviewed?
10 A: Did I ask?
11 Q: Did you ask your lawyers to volunteer you
12 for an interview, or do you know?
13 A: I don't know if I asked or not, but I was
14 willing to give an interview at any time.
15 Q: Okay. Now, I want to go to a few of the
16 emails the Court has before it now and--
17 THE COURT: [Interposing] Okay. Now, we're
18 talking about the text messages?
19 MR. HARDIN: Yes, sir.
20 THE COURT: Okay.
21 MR~ HARDIN: Do you have those, Your Honor, up
22 there?
23 THE COURT: I have the text messages that have
24 been admitted before the Court, yes. I have them in a

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1 number of different forms. I've got Respondent's 1--
2 actually, Respondent's 1 appears to be some stuff that
3 was prepared by Mr. Busch's mother. I've got
4 Respondent's 2, which is a conversation, a text--text
5 conversations between Ms. Driscoll and Mr. Busch. I've
6 also got--
7 MR. HARDIN: [Interposing] There's two that I'm
8 looking at.
9 THE COURT: Petitioner's 1 and Petitioner's 2.
10 MR. LIGUORI: Your Honor, respectfully, I
11 apologize, could you just--I thought I had been keeping
12 track of this. Could you give us the dates as you say
13 that, like, R-1 is September 23rd, 2014?
14 THE COURT: No, Respondent's 1 appears to be
15 some--a September 23rd, 2014--
16 MR. LIGUORI: [Interposing] '14.
17 THE COURT: --texts between Ms. Driscoll and--
18 MR. HARDIN: [Interposing] - - mother.
19 THE COURT: --Mr. Busch's mother.
20 MR. LIGUORI: And R-2 is October 8th through
21 October 20th, 2014--
22 THE COURT: [Interposing] It begins October
23 8th, 2014, 3:20p.m., with, FYI, I was put in a lame duck
24 situation today. And then obviously, Petitioner's 1 is

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1 September--it begins September 21, 7:32 p.m. And
2 Petitioner's 2 begins September 26th, 10:37 p.m.
3 MR. HARDIN: For counsel, I'm going to give him
4 . a copy or a set of Respondent's 2. If you have--
5 MS. MCNEICE: [Interposing] I do.
6 MR. HARDIN: Okay.
7 Q: Do you have Respondent's 2 in front of you
8 ' ?
now, slr.
9 A: Yes, sir.
10 Q: And do you see--this is titled,
11 conversations with Patricia Driscoll. Did you provide
12 us, these text messages?
13 A: Yes, sir.
14 .Q: All right. And these came off of your
15 phone?
16 A: Yes, sir.
17 Q: All right. And can you explain why they
18 don't go past October 20th? Did you have any more, other
19 than these, on the phone that you had?
20 A: No, sir.
21 Q: Okay. So this is all that you had on your
22 phone.
23 A: Yes, sir.
24 Q: Would there be other messages at different

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1 times, that you might have had, but that you didn't have
2 access to, to give us?
3 A: I don't know if there are other messages,
4 but this looks complete to me.
5 Q: Okay. Now, I want you to look real
6 quickly - - you can, for October the 8th, and start
7 really with October the 13th, where she informs you,
8 Kurt, lawyering up is going the opposite direction of
9 where I had hoped we would be at this point. I'm sorry
10 you've chosen this path. Your attorney has no interest
11 in helping us mend fences and set the clock back. The
12 initial letter, was it not, that was sent to him, to Mr.
13 Dycio, was October the 13th? Was it not?
14 A: The original letter, yes.
15 Q: The first letter that starts all this.
16 THE COURT: I'm sorry--
17 MS. MCNEICE: [Interposing] I'm sorry. Is that
18 in--an exhibit that's in--
19 THE COURT: [Interposing] There's no letter in
20 evidence--
21 [Crosstalk]
22 THE COURT: The first letter in evidence is
23 October 22nd.
24 MR. HARDIN: It was originally marked with

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1 another exhibit number. Can I have another exhibit list?
2 My next exhibit is what?
3 THE COURT: Well, we've gone through 16--17, I
4 becl::i·e:ve.,.. yes, 17 is the Respondent' s--
5 MR. HARDIN: [Interposing] This is 18, right?
6 Yeah.
7 Q: I'm going to show you ...
8 MS. MCNEICE: I have this. It was never
9 admitted in the past.
10 MR. HARDIN: We had another number, but it
11 wasn't introduced, so we had to - -
12 Q: I want you to look at R-18 and see if you
13 recognize that as a letter that started communications in
14 writing between the lawyers.
15 A: Yes, sir.
16 Q: All right.
17 A: This is the first letter.
18 Q: All right. And this is from your personal
19 attorney, longtime agent and lawyer, Mr. Caponigro,
20 right?
21 A: Yes, sir.
22 MR. HARDIN: I move to introduce 18, Your
23 Honor.
24 THE COURT: Ms. McNeice, did you need some

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1 time?
2 MS. MCNEICE: I don't recall why it wasn't
3 admitted in the past. I'm trying to ...
4 THE COURT: If you need some time, just let me
5 know.
6 MS. MCNEICE: If I might just for one second,
7 look through my notes?
9 MS. MCNEICE: It must have been under - -
10 MR. HARDIN: I think this completes, Your
11 Honor, the list of correspondence - -
12 THE COURT: Okay. That's fine. I just wanted
13 to make sure that since we're referring to things, that
14 everybody knows what we've got and what we don't.
15 MS. MCNEICE: I have no objection, Your Honor.
16 THE COURT: Okay. That will be admitted as
17 Respondent's 18.
20 Q: All right. Now, I want to take you to the
21 emails. Just to characterize, that letter that we're
22 talking about, Respondent's 18, was a letter, was it not,
23 of Mr. Caponigro to Mr. Dycio, informing him that he now
24 represented you, and everything should go through him?

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1 A: Yes, sir.
2 Q: All right. And then Mr. Caponigro, so the
3 Court understands, added a local attorney, Mr. Cattrell,
4 in Alexandria, to help with this matter of dealing with
5 Mr. Dycio. Is that a correct statement?
6 A: Yes, sir.
7 Q: So that whenever he looks at letters, if
8 he does, that have Dycio--I mean, Caponigro or Cattrell,
9 those are the two lawyers that were helping you, one,
10 your longtime, personal lawyer and another, a lawyer in
11 Alexandria, Virginia, just as Mr. Dycio was, correct?
12 A: Yes, sir.
13 Q: Okay. And does that letter set out the
14 timeframe in which you began to get uncomfortable with
15 Mr. Dycio being your lawyer?
16 A: Yeah, that's when there was the friendship
17 talk that turned into, I need to call my lawyer friend
18 and have him discuss things with him at that point.
19 Q: All right. So then at 3:20--at 8:28 a.m.
20 on the 13th, she sends you an email, does--or a text
21 message to you, does she not, saying, lawyering up is
22 going in the opposite direction of where I had hoped we'd
23 be at this point.
24 A: Yes, sir.

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1 Q: And I'm sorry you've chosen this path, and
2 your attorney has no interest in helping us mend fences
3 and set the clock back. We need to do that for each
4 other. Now, had you received anything as of that time,
5 that would have alerted you to the specifics of what she
6 was claiming you did?
7 A: No, sir.
8 Q: All right. And she says, I thought when
9 you agreed to Mark helping us, we thought we could talk
10 through what happened. And then your response to her
11 just six minutes later, on the 13th, was what?
12 A: I'm sorry, but based on your actions and
13 the path you drove us into, this is what I felt most
14 comfortable with.
15 Q: What did you mean by that?
16 A: That she lawyered up with Mark Dycio, and
17 the fact that when he wanted to talk to me in a tone that
18 I couldn't understand because it was lawyer jargon, I
19 felt that I needed representation at that point. And so
20 I just used her same words as, based on your actions and
21 the path you drove us into. I just texted her back that
22 same thing.
23 Q: All right. A minute later, she says, I've
24 been devastated, and lost, and hurt beyond belief, and so

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1 has Houston. I wake up sick to my stomach every day,
2 with a pain in my chest that doesn't go away. And then
3 she responds--that looks like it almost crossed, doesn't
4 it? Because then she responds to your last email around
5 the same time, saying, what actions? I've done nothing
6 at all. And then she goes on to say a minute later, I've
7 sat on my fucking hands, waiting on you. And your
8 response to her is?
9 A: I'm hurt too.
10 Q: So then within a matter of minutes, she
11 writes back to you, this is the path you've chosen, not
12 me. I never wanted any of this and told you as much. I
13 never wanted what happened. You, at any point, could
14 have come to me, called me, anything. Well, isn't this
15 hearing here about you staying away from her?
16 A: Yes, sir.
17 Q: And whether you abused her?
18 A: Yes, sir.
19 Q: But in October, before she ever files
20 these charges, three weeks after September 26th, what is
21 she complaining that you did not do?
22 A: She complained that I didn't call her or
23 approach her.
24 Q: Have you heard her testify that during

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1 this timeframe, she's supposed to be deathly afraid of
2 you?
3 A: Yes, sir.
4 Q: Then she goes on to say that I never
5 wanted you to hurt. I always loved you too much for
6 that. And then what did you say?
7 A: It's on different pages. Here's what I
8 said in response. You know me, I'm not the best with
9 words, so let me say this. I have a big heart for you
10 and Houston, and I want what is best for all of us. I
11 don't see a relationship for you and me in the future,
12 and I want us to work together to put this down the right
13 way.
14 Q: And then in what looks again like kind of,
15
16 THE COURT: I think those next two passages are
17 kind of in reverse order. If you read them, beginning
18 with the second one, and follow it with the first, it
19 feeds right through.
20 MR. HARDIN: I think you're right.
21 THE COURT: I mean, it looks like the
22 technology just got them jumbled.
23 MR. HARDIN: I would agree with the Court.
24 Q: She points out to you, don't just dump

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1 your family. You don't treat people you love, the way
2 you did in New Hampshire, and definitely not like Dover,
3 when we came--just came because we love and care about
4 you, down below. Do you see where it skips?
5 A: Yes, sir.
6 Q: Then after that shit, you threatened my
7 custody. She says, you lied to me and kept lying to me
8 about our future, before New Hampshire, and I believed
9 you. It was all lies. What did you tell her?
10 A: I responded immediately and said, there
11 are no lies here. I was unhappy for a long period. I
12 promise you, there is no other woman. I am a lost,
13 independent soul right now.
14 Q: And the reason you said no other woman is
15
16 sure I believe you, at 8:54. If you said it was deja vu
17 with your ex, then there's someone else and probably has
18 been. I was just too blind and in love to see it. All
19 right. She goes on at some length, and then you write
20 in, no, I just pulled the Band-Aid. What did you mean by
21 that?
22 A: That meant that I ended the relationship.
23 Q: And she goes on, does she not, on that
24 same morning, into 9 o'clock at some time, and says, you

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1 lied every time you looked me in the eyes and told me how
2 in love we were, and when .you would show me your
3 happiness and laugh, when we planned our future and
. 4. talked about it all the time, looked at land, discussed
5 finances. And she goes on and then says, I believed all
6 of it and always trusted you. I believed every word
7 until Dover. I should have known at the Indy Banquet,
8 that I was only here to work for you. And then what is
9 she talking about here? You failed to mention your
10 family in your speech, the person who did everything for
11 you, me. When you ran outside crying afterwards, I
12 really believed you when you said I was the reason for
13 your success, saved your life, and your forever. I
14 believed your tears. What is she talking about?

--~- -- ------ -"- --
-15
16 Q: [Interposing] In which year, 2014?
17 A: 2014. It was a one-off race that I raced
18 in, and there's--
19 Q: [Interposing] It was a what race?
20 A: Just a one-off race. It wasn't part of
21 the NASCAR circuit.
22 Q: Okay.
23 A: A lot of work, and effort, and time went
24 into running this race, along with another race on the

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1 same day. The next day is a banquet and all drivers get
2 to go up to a podium and give a speech.
3 Q: And did you?
4 A: I did.
5 Q: And what was she upset about?
6 A: The fact that she didn't get mentioned in
7 the speech.
8 Q: Okay. What is she talking about, you ran
9 outside crying afterwards?
10 A: When I finished my speech, which I did off
11 the cuff--I didn't prepare a speech or read from a
12 teleprompter. I just spoke from the heart. And when I
13 walked off stage, I saw her and I realized that I didn't
14 mention her name.

---------------~-~I-5 ___ ----- ----- --~----- ------
Q: And so it upset you.
16 A: It upset me, and so I went outside.
17 Q: And you felt like you should have
18 mentioned her name.
19 A: I felt like I should have, but something
20 told me that I didn't need to.
21 Q: Okay. That was June. She says, I saw
22 what we accomplished together. I didn't realize that
23 I've just been here to work for you. I feel like an
24 idiot. You have fucked me up. I've had a very hard time

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1 functioning. On top of that, everything bad has poured
2 down on me. I walk around in tears or like a zombie
3 because I have to be somewhere. I'm a fucking wreck. I
4 can't eat. I try, but eat little, if anything at all. I
5 wake up sick to my stomach. Do you respond to that?
6 A: No, sir.
7 Q: Why not?
8 A: Because I know that she's rambling on now
9 about being broken up and not having me in her life
10 anymore, and that I don't need to show a response. I
11 need to show definition that it's over.
12 Q: So what is this exchange, October the
13 18th, that's there, where you say, is Houston in bed yet?
14 Can we talk? Why did you do that?
15 A: That was when there were so many rumors
16 circling at the track, about what she was beginning to
17 demand. I had to find out what that was.
18 Q: And what do you mean? What were you
19 concerned about? What was she trying to demand?
20 A: Extortion, money, property, whatever she
21 wanted.
22 Q: Well, now we have the letters of the
23 lawyers. Let's go back and look at the dates of those.
24 Do you got 'em in front of you?
Ubiqus/Nation-Wide R_eporting & Convention Coverage

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1 A: They're all in chronological order.
2 Q: So you hadn't received the letter at that
3 time, of October the 29th, correct?
4 A: No, not at that time, no.
5 Q: All right. And had you been told that she
6 was alleging at that time, that you assaulted her, if you
7 know?
8 A: I don't know what she was claiming. All
9 that I had heard, that people had enough courage to tell
10 me, is that she said there was an incident.
11 Q: Okay. And so when you called--when you
12 texted her on the 18th, and then--at 5:26, and then 30
13 minutes later, when she hadn't responded, what did you
14 write to her?
15 A: I said, time has passed. I see the route
16 that you have chosen.
17 Q: Now, what did that mean to you? What was
18 the exchange about?
19 A: I just took a cut-and-paste from earlier,
20 when she said, I see the route that you have chosen. But
21 what it was in regards to was all of these alleged people
22 talking about the property she wanted, money, and for me
23 to come forward and talk to her as a human and not
24 through lawyers.

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1 Q: I'm not suggesting that it's true or not,
2 but what--had you been told she wanted up to $3 million?
3 A: Yes, sir.
4 Q: And do you recall who told you that she
5 had said that?
6 MS. MCNEICE: Objection. It calls for hearsay.
7 MR. HARDIN: Only that--whether it was spoken,
8 not whether that's true, whether she was seeking it, but
9 was he hearing it?
10 THE COURT: Why is it before the Court at all,
11 if it's not meant for the truth of the matter asserted?
12 MR. HARDIN: Because it affects his concern and
13 his state-of-mind. I mean, it's an exception in two
14 different areas.
15 THE COURT: It will be admitted for the sole
16 purpose of determining any impact that it may have had on
17 Mr. Busch's state-of-mind, not for the truth of the
18 matter that may have been asserted by persons not present
19 to testify. Mr. Busch?
20 MR. BUSCH: Yes, Your Honor. It was told by a
21 disgruntled employee of hers, to me, Matt Ballard
22 [phonetic] .
23 Q: Now, is that the same man that we've heard
24 turned in a car up in New York?

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1 A: Yes, sir.
2 Q: And is it the same man that we heard
3 testimony in which--from her, that we supposedly
4 threatened and bribed him?
5 A: Yes, he was on that list.
6 Q: And what was his role with her, or is his
7 role with her?
8 A: He's the PR director at the Armed Forces
9 Foundation.
10 Q: Okay. And then she writes back the next
11 day on the 19th, Kurt, what is it that you'd like to talk
12 about? And would you explain your email to her, on the
13 19th?
14 A: Mine is in response to her sarcasm of,
15 Kurt, what is it that you'd like to talk about? And I
16 sent this to her that morning, I just finished meeting
17 the troops. Now, I'm at the driver's meeting. You know
18 that. Tonight or tomorrow, we will have to try to
19 understand where we are. You have undermined me so
20 heavily in the past few weeks. My job is in jeopardy. I
21 just saw management talking with a Tier 3 driver, okay?
22 You have done your job as a cancer and it has to stop.
23 Q: All right. Now, what were you talking
24 about? Why were you so upset?

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1 A: Because there was a team member that
2 actually drove to the track overnight, from the Charlotte
3 area, a general manager of the team, and somebody doesn't
4 drive seven hours overnight to meet with me--
5 MS. MCNEICE: [Interposing] Objection.
6 Speculation as to the other person's state-of-mind in
7 making that drive.
9 THE COURT: Well, actually, no, this is Mr.
10 Busch explaining his own thought processes, and so I'll
11 allow it.
12 Q: So let me go on. So when you say you saw-
13 -what was going--let me back up for a second. What was
14 going on with you, as to, pressure from your team and
15 others, to get whatever this dispute between you and her
16 was, resolved? Were you having contact--I mean, were
17 people on the team and others contacting you to get this
18 resolved and take it off the table?
19 A: Yes, sir. Too many people knew too much
20 information about the situation, and it was uncomfortable
21 with me when team members would approach me on, are you
22 getting this resolved? Where does it stand?
23 Q: All right. And so during that timeframe,
24 around the 18th and 19th of October, when you're talking

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DIRECT EXAMINATION OF K. BUSCH BY R. HARDIN 2 81
1 about being at a ,meeting and so--and you think your job
2 is on the line, had you had--what was--in your view, was
3 the uncertainty of this matter and its existence
4. beginning to threaten your job?
5 A: Yes, it is.
6 Q: And why·do you say that? Without going
7 into what other people told you, I want to talk about
8 your own frame of mind and what was your concern?
9 A: The fact that the team notified me that I
10 was in a lame duck situation, and that I had to race for
11 my contract in 2015.
12 Q: Explain to the Judge what that means.
13 A: A lame duck means that you have a contract
14 for the current, upcoming year, which would be 2015, but
15 you don't have a guarantee of 2016 and beyond. I have to
16 race for it, performance wise.
17 Q: .And based on her involvement and all, how
18 familiar would you say that Ms. Driscoll is with NASCAR's
19 rules and reaction to things and your racing team's rules
20 and reaction?
21 A: Very familiar.
22 Q: And so when you're writing her here on the
23 19th--when did you become aware that she had sent a
24 screenshot back.on the 26th to people on your team, about

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1 you lying down and crying?
2 A: I don't know when I became aware of when
3 she sent those screenshots. Information kept trickling
4 in.
5 Q: But was that kind of information that she
6 made available to them, part of what you were talking
7 about here?
8 A: Absolutely.
9 Q: When you say a Tier 3 driver, without
10 being uncomplimentary to anyone, would you tell what that
11 meant to you? When you saw your team talking to someone
12 else, in your mind, what did that mean?
13 A: That meant that they were going to take a
14 driver that doesn't have a fulltime contract, and put him
15 in the car that I'm contracted to drive, based off of
16 having too many allegations and unknowns around this
17 whole situation.
18 Q: And when you say, you've done your job as
19 a cancer, it has to stop, what did you mean?
20 A: That she's notified NASCAR, sponsors, my
21 team personnel, media members. She takes this in as her
22 job, and every day that she spent was to figure out how
23 to undermine me, based off of me not communicating with
24 her directly and asking for .lawyer help.

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1 Q: Do you know whether or not at that time--
2 and I don't want you to guess, so if you're uncertain,
3 please say so. Do you know whether at that time, based
4 on any media reports on what's happened, ~hether NASCAR
5 was yet--has yet, or your team was already trying to
6 investigate her allegation?
7 A: I was not aware.
8 Q: Okay. Now, then she writes back to you
9 that night. There are no troops we requested for you to
10 meet with. I made sure of it. I'm not sure what you
11 mean by where we are. I've been nowhere near the track,
12 or your team, or anyone near you. You know this. I've
13 had plenty of my own shit to deal with, cancer - -
14 wedding, and work, and a little boy trying to make sense
15 of it all. The guy who called himself, Houston's
16 stepdad, hasn't been around, and he's trying to
17 understand all this. This has been an extremely hard
18 time on us. She doesn't say anywhere in there, that
19 she's afraid of you, does she?
20 A: No, sir.
21 Q: So do you write back that night?
22 A: I do not.
23 Q: And the next day, what do you write her?
24 A: I write back in the morning that Matt St.

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1 Jean [phonetic] works for you, right, aka Big Cat? We
2 had a race dedication family and a gala, her D.C. gala
3 donation winner, meet and greet.
4 Q: What do you mean by that? What is that?
5 A: That meant that there was an auction item
6 that I donated, to where somebody could bid on it, and
7 meet me at the track and get autographs and pictures,
8 that came through the Armed Forces Foundation.
9 Q: So why were you telling her that? What
10 did that mean?
11 A: That we still continued to operate
12 business as usual with meeting the troops.
13 Q: Okay. So it says, I know you haven't been
14 at the track, but you've intertwined yourself with people
15 via screenshots. Are you talking about the stuff that
16 happened on the 26th?
17 A: Yes, sir. It must have been around all of
18 that.
19 Q: Emails, texts, phone calls, social media,
20 and too many people have knowledge about what propaganda
21 you, and you only, could be spreading. What did she
22 respond to you?
23 A: She responded by saying, it's my
24 understanding that you went up to the troops on the

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1 driver's meeting. I had clearly instructed my staff to
2 no longer make requests of your time, after Dover, nor
3 bother you at your car. I guess that race dedication
4 family was scheduled many weeks ago, as well as, the gala
5 prize you offered. It won't happen again.
6 Q: And you said?
7 A: Okay. Thank you.
8 Q: And then she tells you - - I know a lot of
9 people and have longstanding relationships - - . I have
10 a relationship with NASCAR that is only growing, and I'll
11 be back at the track as I see fit, and in-between my
12 movie premieres. What movie premieres? What's that
13 about?
14 A: It's a documentary on PTSD, and it doesn't
15 necessarily focus on her. This is actually a movie that
16 is beneficial for wounded troops to see. And it's a
17 moving movie on what PTSD does to our troops, and what
18 the Armed Forces Foundation is there to do, to take care
19 of our wounded who struggle with post-traumatic stress.
20 Q: I work with a lot of other teams and
21 people who are truly invested in our cause. It's
22 business as usual. So what does your comment, this is on
23 the 20th, about where we are mean, and what propaganda
24 are you talking about? Now, the texts that you have

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1 provided us, that's the last one, is it not?
2 A: It's the last one.
3 Q: Do you have any others, yourself, that you
4 are aware of?
5 A: Not that I'm aware of.
6 Q: Now, back early on, did she send you--did
7 she ever--let me ask you this. Did she ever claim to
8 you, that she was--besides the movie you've already
9 testified, any other movies that she testified about,
10 that she was starring in--or that it was really about
11 her?
12 A: She was under investigation for a current
13 movie that came out within a few years.
14 Q: What was it?
15 A: I believe it's Zero Dark Thirty.
16 Q: Did she claim that she had any role in
17 what was depicted in Zero Dark Thirty?
18 A: She said the female character in Zero Dark
19 Thirty was in fact her, but it was also other women in
20 the same arenas that she worked in.
21 Q: Did she actually send you screenplays?
22 A: Not of that movie, no. She--
23 Q: [Interposing] No, not of that. Of other
24 movies that depicted her that way?

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DIRECT EXAMINATION. OF K. BUSCH BY R. HARDIN 287
1 A: No, sir.:
2 Q: All right.
3 [Background N~ise]
4 MR. HARDIN: I got it. 19, thank you.
5 A· At the time this was all going on, and up
6 through September 26th, and then all of this period, did
7 you still believe all those things she told you about
8 being an assassin and all that stuff?
9 Q: I still believe it.
10 A: As you sit there today, you do, don't you?
11 Q: Yes, sir.
12 A: And whether we or anybody else tries to
13 disabuse you of it, you still believe it, don't you?
14 Q: Yes, sir.
15 A: Let me ask you to look at Respondent 19.
16 THE COURT: Mr. Hardin, did you want Mr. Busch
17 to read through the document? It looks like from his
18 thumbing through the pages, it's--
19 MR. HARDIN: [Interposing] Yeah, he doesn't
20 have to read it in· detail. I want him to glance through
21 and just make sure if he recognizes it. Did you want to
22 take a break?
23 THE COURT: Well, we can do that if either Mr.
24 Busch is going to need time to identify the document, or

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1 Ms. McNeice is going to need time to determine whether
2 she has an objection to it.
3 MR. HARDIN: The latter may be true. I think
4 he's fine .. I think he's fine. I think he knows it well
5 enough to just look through it and make sure the pages
6 are right. But we'll be glad to take time, if you'd
7 like.
8 THE COURT: All right. We're going to take a
9 recess. And just let us know, Ms. McNeice, when you're
10 ready to determine whether there'll be some sort of
11 opposition to whatever document it is that Mr. Busch has.
12 MS. MCNEICE: Okay. When we come back, Your
13 Honor, I think that it's probably an appropriate time to
14 break, actually. If we could finish this at our next
15 meeting or the next time? It's 4:15 now, and I think we
16 need to schedule another time to come back.
17 THE COURT: Okay. Well, we'll sort of cross
18 that bridge when we get there. Right now, we'll take a
19 recess, so the folks can examine whatever document that
20 is, and then we'll reconvene.
22 [END 436261_20150112-1452 PART6.WMA]
24 [START 436261_20150112-1622 PART7.WMA]

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1 FEMALE VOICE: Family Court back in session.
2 Please be seated.
3 THE COURT: All right. Good afternoon,
4 ..ev.er-yorre.
5 MALE VOICE: Good afternoon.
6 THE COURT: When we left off, Mr. Busch had
7 been handed a document to identify, and Ms. McNeice
8 hopefully was provided with a copy of that same document,
9 and we'll proceed from there. Obviously, it's 25 after
10 4:00, so we're going to have to break sometime soon.
11 I will be available tomorrow, beginning first
12 thing in the morning. My PFA calendar - - one of my
13 colleagues has graciously offered to take that for me, so
14 I'll be available to continue this matter, if counsel
15 are.
16 MR. HARDIN: Thank you, Judge. We move to
17 introduce R-19.
19 MS. MCNEICE: I don't believe he's ever
20 identified it--
21 MR. HARDIN: [Interposing] That's true. He
22 hasn't. Do you want me to do that first--
23 THE COURT: [Interposing] It's okay.
24 MS. MCNEICE: But I know what it is. If he

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1 wants to say what he thinks it is, I guess that's
2 probably relevant. But--or excuse me, just the next
3 step. My objection is that this is a portion of a story
4 that my client was writing with another person named
5 Sarah [phonetic]. I apologize. I don't have her full
6 name. It is a story that has been in the works for
7 approximately five years.
8 It is not relevant to the incident that
9 occurred in--on September 26th. I'm not sure that--I
10 don't think there's any way that information in this
11 particular document will advance the Court's ability to
12 come to a decision on the ultimate question of fact.
13 THE COURT: So you believe this to be some sort
14 of a manuscript?
15 MS. MCNEICE: It is a manuscript on a fictional
16 work that my client was writing with someone else.
17 THE COURT: Okay. All right. And, Mr. Hardin,
18 assuming that that is what it's proffered to be by
19 counsel, what's the relevance for today's proceeding?
20 MR. HARDIN: It is this continued story, Your
21 Honor, about his frame of mind and why he would believe
22 the things he did. To include, of course, the major
23 point, why he would have had the state-of-mind he had on
24 the 26th, where he would not be intending to cause her

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1 any bodily injury, both because that wasn't he, but also,
2 as you've heard him say, if he thought there was any kind
3 of physical confrontation, she would win.
4 This is a--June 14th of this past year, she
5 sends this. Patricia Driscoll sends it to Mr. Busch, for
6 him to review and give her, her [sic] comments. When you
7 look at it--and I don't need to ask you to read it
8 obviously today or anything, but when you look at it, it
9 gives you a window into her mind of a story she's
10 writing, that matches up with the kinds of bizarre things
11 ~he would tell people. I say, bizarre--he says--I say
12 tomato and he says tomato.
13 Apparently, he believed this stuff about her,
14 and this is simply a reflection of it, that she asked him
15 to review and look at.
16 THE COURT: All right. So this is a manuscript
17 of a fiction work that Ms. Driscoll was working on with
18 some other person, that was provided to Mr. Busch at some
19 point in time, for him to review.
20 MR. HARDIN: June of this past year.
21 THE COURT: Okay. All right. So then the
22 matter will be--or the document will be admitted for the
23 limited purpose of Mr. Busch explaining how his exposure
24 to this document may have affected his state-of-mind at

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1 or around the time of the occasion of the alleged
2 incident.
5 MR. HARDIN: Thank you, Your Honor.
6 MS. MULLINS: Admitted as Respondent's 19.
8 Q: Mr. Busch, when you sent that, did you--
9 I'm not going to ask you much questions about it. You've
10 looked at it and refreshed your memory as to what it is.
11 Is that correct?
12 A: Yes, sir.
13 Q: All right. And this particular document,
14 did you review it when she sent it to you?
15 A: I looked at it.
16 Q: All right. And what was the impact it had
17 on you? What did you think when you saw it?
18 A: That, again, this is her stories that she
19 wants to portray to a movie and a producer named Rick
20 Law. That they're writing the story on how the movie is
21 going to look, and so these are scenes that they're going
22 back and forth on, with the premiere writer named Sarah.
23 Q: And the general, overall theme of the
24 movie was what? What was it about?

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1 A: A badass woman that kills a lot of people.
2 Q: And is that the way you believed she was?
3 A: Yes, sir.
4 Q: And still?
5 A: Yes, sir.
6 THE COURT: And, Mr. Busch, you were sent this
7 on June 13th, 2014, for you to review?
9 THE COURT: Is that--
10 MR. BUSCH: [Interposing] Yes, Your Honor.
11 THE COURT: --correct?
12 MR. BUSCH: Yes, Your Honor.
13 THE COURT: Okay. All right. To your
14 knowledge, were you to be involved in this production to
15 some degree, or was it just for you to take a look at, to
16 see what you thought of it or?
17 MR. BUSCH: It was for me to take a look at, to
18 see what I thought of it. We always helped each other
19 with proofreading items that we .would help each other
20 send out.
21 THE COURT: Okay. All right. Thank you, sir.
23 THE COURT: Okay. All right. Well, okay, we
24 are on 4:30, and between direct and cross is a good

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PROCEEDINGS 294
1 enough time to break. We should be back tomorrow
2 morning. We can begin at 8:30 or 9:00, depending on how
3 far folks are coming from.
4 MS. MCNEICE: If he would just clarify? Was
5 this the end of Mr. Hardin's cross-exam?
6 THE COURT: I think he said that's all he's
7 got.
8 MS. MCNEICE: Okay. I just wanted to know. So
9 I'll start tomorrow with redirect.
10 THE COURT: Okay.
11 FEMALE VOICE: got one more witness.
12 THE COURT: No, no, yeah, in terms of Mr.
13 Busch. Mr. Busch will remain on the stand when we come
14 back. And I believe based upon what I understand, Ms.
15 McNeice, you'll be redirecting or crossing, depending on
16 how you look at it, because this is actually Mr. Hardin's
17 witness at this point.
18 MS. MCNEICE: I just want to be able to advise
19 my witnesses, as to a timeframe for tomorrow then.
20 THE COURT: That's where we begin. That's my
21 understanding.
23 THE COURT: All right. Thank you, all.
24 MALE VOICE: Thank you, Your Honor.

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PROCEEDINGS 295
1 THE COURT: Have a safe trip back to where
2 you're staying. It's really wet out there.
5 [END OF HEARING]

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296
C E R T I F I C A T E
I, Katia Lazarre, certify that the foregoing transcript of
proceedings in the Family Court of the State of Delaware,
County of Kent, in the matter of Patricia P. Driscoll v. Kurt
T. Busch, File No. CK14-02747, Petition No. 14-30621, was
prepared using the required transcription equipment and is a
true and accurate record of the proceedings.
Signature:
Date: January 15, 2015

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Driscoll Vs Busch Jan 12 2015

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Driscoll Vs Busch Jan 12 2015

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FAMILY COURT OF THE STATE OF DELAWARE

COUNTY OF KENT COURTROOM #5

January 12, 2015

FAMILY COURT OF THE STATE OF DELAWARE

HONORABLE DAVID W. JONES,

The owner of this transcript ·will not copy, alter, transfer or

C. Cloutier 86 131 154 161

11 Email 135 136

12 Email **Withdrawn** 130

12 Excerpt From Transcript, 33

13 Hertz Paperwork 105 106

14 Expenditures 115 125

15 Diagram of Motor Home 212 216

16 Letter 246 248

17 Letter 246 248

Ubiqus/Nation-Wide Reporting & Convention Coverage

18 Letter 267 268

Ubiqus/Nation-Wide Reporting & Convention Coverage

1 MS. PAT MULLINS: ... Kent County is now in

2 session. The Honorable David Jones presiding in the

4 THE COURT: Driscoll versus Busch.

5 MS. MULLINS: Thank you. [Laughter] . Please

7 THE COURT: All right.

8 MALE VOICE: Good morning, Your Honor.

9 THE COURT: Good morning, everyone. We're back

10 on the record, I assume, since I can't see that. We're

11 back on the record in the matter of the PFA petition

12 filed by Ms. Driscoll against Mr. Busch. We left off

13 with Mr. Daunch's [phonetic] testimony. I believe we

14 completed that. Mr. Hardin?

15 MR. RUSTY HARDIN, ESQ.: Yes, Your Honor, we're

16 ready to proceed, if the Court is.

17 THE COURT: All right. Certainly.

18 MR. HARDIN: And we'll call Mr. Nick Terry.

19 THE COURT: All right. Mr. Nick Terry.

20 MS. MULLINS: Nick Terry.

22 MS. MULLINS: Take the stand right here, and

24 raise your right. State your full name.

Ubiqus/Nation-Wide Reporting & Convention Coverage

1 MR. NICHOLAS EDWARD TERRY: Nicholas Edward

3 MS. MULLINS: Do you swear to tell the truth,

6 MR. TERRY: I do.

7 MS. MULLINS: Spell your last name for the

9 MR. TERRY: T-E-R-R-Y.

10 THE COURT: All right. Good morning, Mr.

11 Terry. Mr. Hardin, you may proceed.

13 been first duly sworn, testif;ed as follows:

15 BY .MR. RUSTY HARDIN

16 Q: Good morning. Mr. Terry, if you will try

17 to keep in mind, the microphone in front of you is there,

18 so that you can be heard. Would 'you state your name

20 A: Nicholas Edward Terry.

21 Q: And, Mr. Terry, how old a man are you?

23 Q: And where do you live?

24 A: I live in Thomasville, North Carolina.

Ubiqus/Nation-Wide Reporting & Convention Coverage

1 Q: And what's your occupation?

2 A: I'm a chaplain for Motor Racing Outreach.

3 Q: And how long have you been a chaplain for

4 Motor Racing Outreach?

5 A: For three years.

6 Q: Would you give the Judge a little bit of

7 the benefit of your background, where you grew up, your

12 Email Withdrawn 130