INDEX OF WITNESSES WITNESS PAGE ROY DURON - PETITIONER'S WITNESS EXAMINATION BY THE COURT . . . . . . . . 5 CROSS BY MR. SIEMS . . . . . . . . . . . 10 LISA WILKINS - PETITIONER'S WITNESS DIRECT BY MR. DURON 21 CROSS BY MR. SIEMS . . . . . . . . . . . 22 MICHELLE D'ANTONIO - RESPONDENT'S WITNESS DIRECT BY MR. SIEMS . . . . . . . . . . 28 CROSS BY MR. DURON . . . . . . . . . . . 34 REDIRECT BY MR. SIEMS . . . . . . . . . 40 --O0O-- 10 1 MR. DURON: NOT AT THIS TIME, YOUR HONOR. 2 THE COURT: ALL RIGHT. 3 MR. SIEMS: YES, YOUR HONOR. AND CROSS-EXAM? 4 5 ROY DURON, 6 WITNESS, BEING FIRST DULY SWORN, TESTIFIED AS FOLLOWS: 7 8 9 10 11 CROSS-EXAMINATION BY MR. SIEMS: Q. THE MAJORITY ARE "YES" AND "NO" QUESTIONS. 12 13 MR. DURON, I'M GOING TO ASK YOU A FEW QUESTIONS. ISN'T IT TRUE THAT YOU WORK FOR THE FEDERAL AIR MARSHAL SERVICE? 14 A. YES. 15 Q. AND ISN'T IT TRUE THAT THAT JOB REQUIRES CERTAIN 16 SECURITY CLEARANCES? 17 A. YES. 18 Q. ISN'T IT TRUE THAT YOU ARE CURRENTLY UNDER AN 19 INTERNAL INVESTIGATION BY YOUR EMPLOYER? 20 A. THAT IS INCORRECT. 21 Q. ISN'T IT TRUE THAT -- SO YOU ARE SAYING THAT 22 THERE IS NO CURRENT ONGOING INVESTIGATION WITH A 23 MR. ARCHULETA? 24 A. CORRECT. 25 Q. EXCUSE ME. 26 27 28 IS IT COMPLETE? HAS THE INVESTIGATION BEEN COMPLETED? A. ONE MOMENT, PLEASE. SPECIAL AGENT ARCHULETA. I HAVE AN E-MAIL FROM 12 1 2 3 BY MR. SIEMS: Q. ISN'T IT TRUE THAT YOU HAD AN ONGOING SEXUAL RELATIONSHIP WITH MS. D'ANTONIO FOR ABOUT FOUR YEARS? 4 A. YES. 5 Q. YOU MET ONE ANOTHER IN DIFFERENT LOCATIONS; 6 CORRECT? 7 A. YES. 8 Q. IN 2013, YOU MET MS. D'ANTONIO IN DIFFERENT 9 CITIES THROUGHOUT THE COUNTRY; CORRECT? 10 A. CORRECT. 11 Q. ISN'T IT TRUE THAT YOU ENGAGED IN SEXUAL 12 INTERCOURSE WITH MS. D'ANTONIO? 13 A. NOT CONSENSUALLY. 14 Q. OKAY. 15 ISN'T IT TRUE THAT ON FEBRUARY 12TH, YOU MET HER AT THE WESTIN AT WASHINGTON DULLES AIRPORT? 16 THE COURT: OF WHAT YEAR? 17 MR. SIEMS: EXCUSE ME. 18 BY MR. SIEMS: 19 Q. FEBRUARY 12TH OF 2013? 20 A. I DO NOT RECALL AT THIS TIME. 21 MR. SIEMS: I -- YOUR HONOR, IF I MAY DIRECT THE COURT TO 22 PETITIONER'S EXHIBIT 13 IN ITS AMENDED PLEADINGS, AND 23 EXHIBIT 'M' IN HIS ORIGINAL PLEADINGS. 24 WHICH IS MOST CONVENIENT FOR YOU. I'M NOT SURE 25 THE COURT: OKAY. WE'LL TAKE A LOOK AT 'M.' 26 MR. SIEMS: IT IS A SPREADSHEET FROM MR. DURON 27 EVIDENCING A REFERENCE NUMBER, A PAGE NUMBER, A STATE, 28 THE ACTUAL DATE AND LOCATION OF THEIR MEETING PLACE. IF 28 1 MICHELLE D'ANTONIO, 2 WITNESS, BEING FIRST DULY SWORN, TESTIFIED AS FOLLOWS: 3 4 5 DIRECT EXAMINATION BY MR. SIEMS: 6 Q. 7 QUESTIONS. 8 HONESTLY. 9 MS. D'ANTONIO, I'M GOING TO ASK YOU A FEW I JUST WANT YOU TO ANSWER OPENLY AND WHERE DO YOU LIVE? 10 A. VIRGINIA. 11 Q. AND WHERE DO YOU WORK? 12 A. VIRGINIA. 13 Q. WHAT DO YOU DO IN VIRGINIA FOR EMPLOYMENT? 14 A. I WORK FOR THE FEDERAL GOVERNMENT, FEDERAL AIR 15 16 17 MARSHAL SERVICE, OFFICE OF LAW ENFORCEMENT. Q. DO YOU HAVE SECURITY CLEARANCES INVOLVED WITH YOUR POSITION? 18 A. YES. 19 Q. HOW WOULD THIS RESTRAINING ORDER IMPACT YOUR 20 21 22 23 24 25 SECURITY CLEARANCE? A. NEGATIVELY. I HAVE THE POTENTIAL TO LOSE IT, WHEREBY LOSING MY EMPLOYMENT. Q. SO IF THIS RESTRAINING ORDER WAS GRANTED, HOW WOULD THAT IMPACT YOUR CAREER? A. I WOULD NOT BE EMPLOYABLE IN THE FEDERAL 26 GOVERNMENT, AND I WOULD LOSE TEN AND A HALF YEARS OF 27 RETIREMENT AND BENEFITS THAT I HAVE WORKED TOWARDS. 28 Q. OKAY. WHAT WAS THE NATURE OF YOUR RELATIONSHIP 29 1 WITH MR. DURON? 2 A. WE DATED FOR FOUR YEARS. 3 Q. HOW OFTEN OVER THE LAST FOUR YEARS DID YOU SEE 4 5 HIM? A. AVERAGE WAS ABOUT THREE TO FOUR TIMES A MONTH, 6 EXCEPT FOR THE LAST YEAR, WHICH WAS THE INSTANCES YOU 7 HAVE LISTED THERE. 8 9 Q. HOW OFTEN -- OKAY. DID YOU ENGAGE IN SEXUAL INTERCOURSE EACH TIME? 10 A. YES. 11 Q. HAS HE EVER FLOWN TO VIRGINIA TO SEE YOU? 12 A. YES, THROUGH WORK. 13 MR. DURON: OBJECTION, YOUR HONOR. 14 THE COURT: WHAT'S THE OBJECTION? 15 MR. DURON: I DIDN'T FLY TO SEE HER. 16 17 18 19 20 I FLEW FOR WORK. THE COURT: THAT'S NOT A LEGAL OBJECTION. OVERRULED. BY MR. SIEMS: Q. HAVE YOU EVER MET IN A PLACE BESIDES SAN DIEGO OR VIRGINIA? 21 A. YES. 22 Q. WHERE? 23 A. LOS ANGELES, SEATTLE, BOSTON, PHILADELPHIA, 24 FORT LAUDERDALE. NEWARK, NEW JERSEY; ATLANTIC CITY, 25 NEW JERSEY. 26 Q. DID YOU EVER MEET IN HAWAII? 27 A. IN HAWAII, YES. 28 Q. HAS MR. DURON EVER MET YOUR FAMILY? NEW YORK CITY. 34 1 THE COURT: THANK YOU. CROSS-EXAMINE. 2 3 4 5 6 CROSS-EXAMINATION BY MR. DURON: Q. MS. D'ANTONIO, IF YOU FEARED THAT I WAS SUICIDAL 7 ON THAT DAY, WHY DID YOU FOLLOW ME TO LIBERTY STATION 8 PARKING LOT? 9 A. BECAUSE OF YOUR TEXT MESSAGES. YOU WERE UPSET. 10 YOU WERE ALSO VIOLENT. 11 HELMET IN THE -- IN THE PARKING LOT. 12 ME IN SAYING THAT YOU WOULD GIVE MS. WILKINS MY HANDGUN, 13 THAT YOU ILLEGALLY POSSESSED, TO USE TO KILL YOU, AND I 14 WOULD BE CHARGED WITH HER (SIC) MURDER. 15 16 Q. YOU ALSO SLAMMED YOUR MOTORCYCLE YOU ALSO THREATENED THE GIFT OF THE HANDGUN THAT YOU GAVE ME, I THREATENED TO GIVE TO HER? 17 A. CORRECT. 18 Q. THAT IS -- I DO NOT -- THAT WAS NOT A 19 CONVERSATION WE HAD. 20 A. 21 MR. SIEMS: OBJECTION, YOUR HONOR. 22 THE COURT: SUSTAINED. 23 MR. SIEMS: TESTIFYING. 24 THE COURT: THIS IS YOUR OPPORTUNITY TO QUESTION. 25 26 27 28 YES, IT IS. BY MR. DURON: Q. IF YOU FELT THREATENED BY ME, WHY WOULD YOU FOLLOW ME BACK TO THE LIBERTY STATION PARKING LOT? A. BECAUSE YOU THEN TURNED SUICIDAL AGAIN, FOR THE 36 1 CHULA VISTA POLICE DEPARTMENT. 2 MR. SIEMS: OBJECTION, YOUR HONOR. 3 THE COURT: SUSTAINED. 4 MR. SIEMS: TESTIFYING. 5 THE COURT: QUESTION? 6 7 BY MR. DURON: Q. DID YOU, IN THE HOTEL ROOM, THREATEN ME THAT I 8 WOULD LOSE CUSTODY OF MY SON IF YOU DELIVER PACKAGES -- 9 YOU WOULD DELIVER PACKAGES TO FAMILY MEMBERS AND LOVED 10 11 ONES OF MINE IF I DID NOT COMPLY WITH YOUR WISHES? A. I NEVER SAID "PACKAGES." 12 CONTACT. 13 ABOUT THEIR SPOUSE IS NOT A CRIME. I SAID I WOULD CONTACTING SOMEONE AND TELLING THEM THE TRUTH 14 Q. YOU DIDN'T -- 15 A. WHAT THE RESULT OF THE INFORMATION THAT I SHARE 16 WITH YOUR LOVED ONES IS A RESULT OF WHAT THEIR ACTIONS 17 ARE AGAINST YOU, NOT BECAUSE I TOLD THEM. NO, I DID NOT THREATEN "PACKAGES." 18 19 Q. YOU DIDN'T -- 20 A. CONTACT. 21 Q. -- DROP SOMETHING OFF IN MY PARENTS' MAILBOX? 22 A. I DON'T KNOW WHERE YOUR PARENTS LIVE. 23 Q. YOU MENTIONED YOU SAW ME DROP OFF MY JEEP AND 24 LEAVE MY PARENTS' HOUSE ON A MOTORCYCLE? 25 MR. SIEMS: OBJECTION, YOUR HONOR. 26 THE COURT: SUSTAINED. 27 THE WITNESS: 28 THE COURT: FOUNDATION. THAT'S WHAT YOU TOLD ME. WAIT. THERE'S NO QUESTION PENDING. 44 1 MR. DURON: YOUR HONOR, I'M NOT IN FEAR OF LOSING MY 2 JOB. I HAVE NOT DONE ANYTHING WRONG IN MY JOB. 3 UNDER INVESTIGATION. 4 CHARGE OF OUR INTERNAL AFFAIRS. 5 IS -- I AM NOT I'VE SPOKEN WITH THE AGENT IN HOWEVER, MS. D'ANTONIO 6 MR. SIEMS: THAT'S HEARSAY, YOUR HONOR. 7 THE COURT: THAT IS HIS ARGUMENT. 8 MR. DURON: I AM NOT IN FEAR OF LOSING MY JOB. WHAT 9 I SAY HERE -- I'M IN FEAR OF THE CONTINUED HARASSMENT 10 THAT SHE'S DONE VERBALLY, THAT I HAVE NO WRITTEN PROOF 11 OF. 12 SHE'S MADE IT VERY CLEAR THAT SHE WILL NOT LEAVE A PAPER 13 TRAIL. 14 THE ONLY WRITTEN PROOF I HAVE WAS THAT E-MAIL. THE COURT: ALL RIGHT. BASED ON EVERYTHING THAT HAS 15 BEEN PRESENTED, THE COURT FINDS THAT THE PETITIONER HAS 16 FAILED TO MEET HIS BURDEN OF PROOF BY A PREPONDERANCE OF 17 THE EVIDENCE. 18 RESTRAINING ORDER WILL BE DENIED. 19 FORTHWITH. THEREFORE, THE DOMESTIC VIOLENCE IT WILL BE DISMISSED 20 LET ME RETURN THE LODGMENTS TO THE PARTIES. 21 AND WE ARE IN RECESS. 22 MR. SIEMS: THANK YOU VERY MUCH, YOUR HONOR. 23 THE COURT: THANK YOU. 24 MS. D'ANTONIO: 25 THANK YOU. (ADJOURNMENT) 26 27 //// 28 ////