driscoll vs. busch, dec. 16, 2014
DESCRIPTION
A family court transcript.TRANSCRIPT
/ FAMILY COURT FOR THE STATE OF DELAWARE KENT COUNTY COURTROOM 6
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IN THE MATTER OF:
PATRICIA P. DRISCOLL,
Petitioner,
Vs.
KURT T. BUSCH,
Respondent ..
File No.: CK14-02747 Petition No.: 14-30621
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Transcript of Proceedings
December 16, 2014
KENT COUNTY FAMILY COURT 400 Court Street Dover, DE 19901
COMMISSIONER DAVID W. JONES, Judge
The owner of this transcript will not copy, alter, transfer or otherwise use in an inappropriate manner. Inappropriate use includes, but is not limited to, using this transcript or the content of this transcript for the purpose of harassment, embarrassment, entertainment, inflicting emotional distress, exploitation, blackmail, loss of employment, and/or commercial gain.
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PETITIONER: WITNESS P. Driscoll
RESPONDENT: WITNESS
PETITIONER: IDENTIFICATION 1 2 3 4 5 6 7
RESPONDENT: IDENTIFICATION 1 2
3 4 5
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INDEX
W I T N E S S E S
DIRECT 10
DIRECT
CROSS 68
CROSS
RE DIRECT
RE DIRECT
E X H I B I T S
DESCRIPTION Text messages from 9/26/14 Text messages from 9/26/14 Photograph of Ms. Driscoll Photograph of Ms. Driscoll Photograph of Ms. Driscoll Photograph of Ms. Driscoll
RE CROSS
RE CROSS
I. D.
Text messages from 10/18/14
DESCRIPTION Text messages from 9/23/14 Text message chain between Ms. Driscoll and Mr. Busch Letter to Mr. Dycio Pocket Commando video Petitioner's email to Mr. Zipadelli 10/22/14 letter from Petitioner's attorney To Mr. Conley in Troy MI Copy of tweet made by Petitioner on 10/22/14
I. D.
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PROCEEDINGS 3
THE CLERK: Driscoll versus Busch. Please
be seated in the courtroom.
THE COURT: All right, good morning
everyone.
MS. CAROLYN M. MCNEICE: Good morning Your
Honor.
MR. JAMES E. LIGUORI: Good morning Your
Honor.
THE COURT: This is not my usual courtroom,
and I apologize for the awkwardness that may appear
from me sitting up here. If we had you folks in my
usual courtroom we could have three of you. The rest
of you would have to wait outside.
This is a petition for an order of
protection that was filed by Ms. Driscoll against Mr.
Busch. The parties have had a chance to confer with
mediation staff to determine whether they could reach
an agreement with respect to the entry of a consent
order today, and the parties have been unable to agree
on a consent order, and so we're before the Court for
a hearing on the petition.
At this hearing it's Ms. Driscoll's burden
to prove by a preponderance of the evidence, which
means that it's more likely than not that Mr. Busch
has committed an act or acts of abuse within the
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PROCEEDINGS 4
meaning of our PFA statute.
Preliminary issues from counsel?
MS. MCNEICE: None from the Petitioner, Your
Honor. We're prepared-
THE COURT: Mr. Liguori.
MR. LIGUORI: Your Honor, good morning.
Preliminarily, one, I think we voluntary sequestered
our witnesses, and I hope the Petitioner has done that
also.
THE COURT: Ms. McNeice?
MS. MCNEICE: Oh yes, ours is outside.
THE COURT: Thank you.
MS. MCNEICE: Thank you.
MR. LIGUORI: And number two, Your Honor, I
would like to introduce to you Rusty Hardin.
MR. RUSTY HARDIN: Good morning Your Honor.
MR. LIGUORI: Mr. Hardin is from Houston,
Texas. You saw my pro hac vice motion, and it was
signed by the Court I understand.
THE COURT: I have signed it, yes.
MR. LIGUORI: And he is here representing
Mr. Busch.
THE COURT: Welcome Mr. Hardin.
MR. HARDIN: Thank you.
THE COURT: One thing with regard to the
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PROCEEDINGS 5
sort of Delaware rule if you will, we don't tag-team
witnesses here when there are co-counsel, so you all
have to make an election with regard to who's going to
examine a particular witness and stick with that
witness all the way through to the end.
All right, then the next question that the
Court has for the parties is are there issues that are
not in dispute that we can sort of stipulate to, like
nature of the relationship, personal jurisdiction, or
do we need to take testimony on all that stuff?
MS. MCNEICE: We're prepared to give
testimony on all those factors Your Honor.
THE COURT: All righty, we can begin. Ms.
McNeice you may call your-
MS. MCNEICE: Thank you.
THE COURT: Or openings if you wish.
MS. MCNEICE: I'm sorry,
THE COURT: Did you wish to make an opening?
MS. MCNEICE: I'll be very brief Your Honor,
it's late. We've been in this courthouse now for
roughly two hours, in the-Ms. Driscoll is here to
present her case for an order of protection from
abuse. She'll testify as to the nature of the
parties' relationship, that it was a substantive
dating relationship for an extensive period of time of
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PROCEEDINGS 6
four years. She has-she met with Mr. Busch on
September 26th, the Friday evening. This incident
occurred in his motor home that was parked at Dover
Downs in Dover, Kent County, and that's why we're in
this courthouse right now.
The incident that occurred included an
exchange of angry words, but most important, it
occurred that Mr. Busch attacked her, assaulted her,
grabbed her face and head, causing bruises, slammed
her head against the back of a wall-the back of her
head, excuse me, against a wall, and caused
substantial pain. We'll talk about what happened
after that, and the type of relief she would like at
the conclusion of the hearing. Thank you.
THE COURT: Ms. McNeice. Mr. Liguori or Mr.
Hardin. Mr. Hardin, I'm sorry.
MR. HARDIN: Your Honor, good morning, thank
you very much. I'm briefly just going to suggest to
you that we want you to keep your eye on the ball
obviously. This is a story that is unbelievable. It
is by a storyteller that is incredible. And you will
the fact that on September 26th this young lady was,
in my words, a trespasser, she was uninvited at 10:00
in the evening, she comes to the trailer of Mr. Busch,
the motor home. She comes in through a code that he
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PROCEEDINGS 7
had not changed, and she enters into his bedroom with
her ten-year-old son.
Your Honor, there was no way, shape or form
any abuse occurred at that time, and at any time
during their relationship. Your Honor, respectfully,
you will hear that this Petitioner is disingenuous,
she's calculating. She is literally someone who is
extremely mercenary, and what occurs here, what occurs
here is that-keep in step the idea with regard to
chronology.
On September 21st, after the race in New
Hampshire the relationship is over. Her sugar daddy
is telling her you're smothering me, it's done.
That's September 21st. There is little if any
communication between them between September 21st and
September 26th. On September 26th Petitioner takes it
upon herself to bring her ten-year-old at 10:00 at
night to my client's motor home trailer.
After this incident on September 26th, which
was nothing, after this incident, she then the next
day engages in communications with other individuals
about how she still loves Kurt, how she can't believe
that Kurt's doing this. And you will see streams of
texts wherein she says "You know, Kurt, there's a
financial responsibility you have. I made you what
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PROCEEDINGS 8
you are. You owe me something, and your lawyering up,
Kurt, is going in the wrong direction."
The fact then remains is that Kurt emails
her back on September-excuse me-texts her back on
October 19ili and says "Patty, you're a cancer to me.
It is over." And then on September 22nct her lawyer-on
September 22nct her lawyer, Michael Dycio, D-Y-C-I-0,
writes a letter to Kurt's representatives, and says-
and you will see this-and says-
MS. MCNEICE: [Interposing] Your Honor, I
rarely interrupt with regard to opening arguments,
because that's just what they are, they aren't part of
the testimony. Mr. Dycio is not here to testify. And
I would suggest that any comments from him are
hearsay.
MR. HARDIN: Well, they're not hearsay. If
you look at Rule 801, they're not hearsay.
THE COURT: Well, this is opening
statements, so certainly the Court's able to disregard
evidence that doesn't come in ultimately during the
course of the trial.
MR. HARDIN: Thank you, Your Honor.
MS. MCNEICE: Thank you.
MR. HARDIN: Prior to the interruption, Your
Honor, I am telling you that Mark Dycio writes, "As I
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PROCEEDINGS 9
am certain you can appreciate, Ms. Driscoll's actions
will in large part be dedicated"-excuse me-"be
dictated by Mr. Busch's efforts to resolve these
matters to her satisfaction."
So here's the pocket rocket, or pocket
commando, excuse me, the pocket commando is now saying
you're going to do it my way Kurt, or I'm going to
destroy you. That's on September 22nct. This young
lady then abuses our process by on November 5th she
goes to the State-the Dover City Police Department,
lodges a complaint. Det. Woods suggest-along with Ms.
McNeice, and alleges, they come here and file a PFA.
Your Honor, as I said, we have a
disingenuous, calculating individual. The Petitioner
and the Respondent do not live together. They don't
even live in the same state, they don't live in
Delaware. The fact of the matter is is that we
respectfully submit there is no need for any sort of
protection from abuse, because, one, it didn't occur,
and two, they don't need to avail themselves in this
jurisdiction of some Court order like that. Thank you
very much, Your Honor.
THE COURT: Ms. McNeice you may call your
first witness.
MS. MCNEICE: Thank you. Petitioner calls
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PROCEEDINGS 10
1 Patricia Driscoll.
2 THE COURT: Ms. Driscoll you may take the
3 witness stand. If you've not already been sworn you
4 may be sworn or affirmed.
5 THE CLERK: Left hand on the Bible, raise
6 your right. State your full name.
7 MS. PATRICIA DRISCOLL: Patricia Pauline
8 Driscoll.
9 THE CLERK: Do you swear to tell the truth,
10 the whole truth, and nothing but the truth, so help
11 you G-d?
12 MS. DRISCOLL: I do.
13 THE CLERK: You may be seated.
14 P A T R I C I A D R I S C 0 L L, having
15 been first duly sworn, testified as follows:
16 DIRECT EXAMINATION
17 BY MS. CAROLYN MCNEICE
18 Q: Good morning Ms. Driscoll.
19 A: Good morning.
20 Q: Could you give us your full name and address
21 ma'am?
22 A: Patricia Pauline Driscoll, 3899 College Avenue,
23 Ellicott City, Maryland.
24 Q:
25 A:
And your date of birth?
12/14/77.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 11
1 Q: That makes you 37?
2 A: Yes.
3 Q: And are you employed ma'am?
4 A: Yes.
5 Q: What kind of work do you do?
6 A: I am President of the Armed Forces Foundation,
7 and I am the CEO of Frontline Defense Systems.
8 Q: And what is the Armed Forces Foundation?
9 A: It is a foundation to help wounded service
10 members who suffer from PTSD and physical wounds. We give
11 financial grants to these military members and their
12 family members, to make sure they stay financially afloat.
13 We give a lot of counseling services, provide services for
14 these service members and their families.
15 Q: Okay. Do you know Kurt Busch ma'am?
16 A: Yes ma'am.
17 Q: How do you know him?
18 A: He was my long-time boyfriend and partner of four
19 years.
20 Q: And so you indicated the relationship lasted four
21 years. During those four years what was the frequency of
22 your contact with Mr. Busch?
23 A: Daily. We saw each other almost every day, and
24 if we didn't see each other we spoke to each other every
25 day.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 12
1 Q: Okay. So you spoke to each other on the phone?
2 A: We spoke to each other on the phone, we texted.
3 Q: Okay. With regard to the-you said you saw each
4 other daily, where would you see each other?
5 A: We lived in each other's houses. We had keys to
6 each other's homes, alarm codes to each other's homes. We
7 were either on the motor home together on the weekend for
8 every NASCAR race, I believe, until the Dover incident,
9 that I had not missed a single race in those years, I was
10 there every single weekend, and weekends that I had my son
11 my son was also present.
12 And during the school year Kurt lives for the
13 majority of the time in my house in Maryland. But I am
14 solely responsible for paying all the bills, for Mr. Busch
15 never paid anything. And he lived with us most of the
16 time. He would help me take Houston to school, be a part
17 of his homework. He went to parent-teacher meetings with
18 me. And when we didn't-
19 Q: What is your-
20 A: --live there we lived in his house in Charlotte.
21 Q: Okay, I apologize, I interrupted you. What is
22 your son's name and his age, please?
23 A: My son's name is Houston Herman Storfer
24 [phonetic], and he is now ten years old.
25 Q: Thank you. Does he attend school in Ellicott
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 13
1 City?
2 A: He attends school in Ellicott City.
3 Q: Did you have keys to Mr. Busch's home?
4 A: Yes, I had keys to his home.
5 Q: And where is his home located?
6 A: In Morrisville, North Carolina.
7 Q: Thank you. Did you keep clothing and/or personal
8 items at his home in North Carolina?
9 A: Yes, I have clothing, I have a lot of furniture
10 and other belongings at his home in North Carolina, and so
11 does my son. He had his own room.
12 Q: Okay. Did you-did Mr. Busch maintain or retain
13 any-excuse me.
14 Did Mr. Busch store any personal items at your home
15 in Ellicott City?
16 A: Yes. He has golf clubs, clothes, all kinds of
17 things, hats, you know, a lot of his things are at our
18 house too.
19 Q: Okay, any-
20 A: And his car.
21 Q: He has a car there?
22 A: He has a car there.
23 Q: Okay. Has he sent anyone to your home to
24 retrieve these parsonal items and/or the car?
25 A: No one has been in contact with me about that in
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 14
any way, shape or form.
Q: Okay. Do you have any children with Mr. Busch?
A: I do not have any children with him. He
considers my son his stepson. He has said so in
interviews for years. He takes my son on stage with him
during driver introductions, just like he's his child.
Like I said, he participates in all of our parent-teacher
meetings. He takes him to school, helps him with his
homework. He's been with us for every holiday. You know,
he very much considers Houston his son, told him that.
Q: Okay. Did you see Mr.-excuse me.
THE COURT: Sure.
MS. MCNEICE: Your Honor, we are making an
allegation of course this is a substantive dating
relationship.
THE COURT: Mm-hmm.
MS. MCNEICE: Is it the Court's desire that
we at this time finalize that issue before we go
further?
THE COURT: Mr. Liguori, is there any
dispute that these parties had a substantive dating
relationship? Mr. Hardin?
MR. HARDIN: No, Your Honor, there's no
dispute about that.
THE COURT: All right. Then we can move on,
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 15
1 thank you.
2 MS. MCNEICE: Thank you.
3 Q: Did you see Kurt Busch on Friday, September 26,
4 2014?
5 A: Yes, I did.
6 Q: Okay. Now, where did this meeting take place?
7 A: In his motor home.
8 Q: And where was that located on that date?
9 A: Inside the track at Dover Downs.
10 Q: Okay. Now, did you have a purpose to be in Dover
11 on that weekend?
12 A: Yes.
13 Q: What was your purpose?
14 A: Besides the fact that I come every single
15 weekend, I had my own Armed Forces Foundation event. We
16 were bringing wounded troops to the track, like we do the
17 majority of the races as well. We have a program with
18 NASCAR that we've had prior to my relationship with Kurt
19 Busch, where we bring wounded service members and some of
20 their family members to the track.
21 And the VA had set up some kiosks at the track that
22 we had partnered with them on as well. And we were
23 pushing a program called eBenefits, to help veterans
24 enroll online, so that their records are not being lost,
25 and that it's easier to track things going on for their
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 16
services with the VA, and the Assistant Secretary of the
VA and I were supposed to meet. I always had interviews
set up with TV and print media people.
Q: For the record, what is the VA?
A: The Veterans, Veterans Affairs.
Q: And did you-would you normally have traveled to
the site of a race event actually before the day of the
event?
A: Absolutely. I always came in on a Friday.
Sometimes we came in on Thursdays. Sometimes I traveled
with Kurt directly to the track on Thursday or Friday. If
I had Houston I usually waited until he was out of school,
as was this case, and then we would have traveled directly
to the track.
Q: On this particular date, however, did you plan on
going to the track on Friday?
A: I did not.
Q: And why is that?
A: Because Kurt and I had had a fight in New
Hampshire on the previous Sunday, and I was still very
angry with him for the stuff that he had said to me and
did, and I was not intending on showing up to the track
until Saturday morning for my TV hits and my meetings that
morning.
Q: Okay. Had you had any contact with Mr. Busch
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 17
1 during the period of time between your argument in New
2 Hampshire and the meeting on Friday, September 26th?
3 A: No direct contact, but he had been in contact
4 with my staff, who was there at his media hit in New York
5 City. I sent one of my staffers there instead of myself.
6 And they had had lots of conversations that day.
7 Q: Okay. And this was a TV event?
8 A: It was TV event, it was the Today Show and the
9 Weather Channel that I had set up for him.
10 Q: Okay. Mr. Busch attended those TV-
11 A: Yes.
12 Q: --appearances?
13 A: Correct.
14 Q: Okay. And what day was that?
15 A: That was the Thursday before, so it would have
16 been the 25th.
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THE COURT: Ms. Driscoll, you indicated that
you set up-
THE WITNESS: Yes sir.
THE COURT: --television appearances for Mr.
Busch?
THE WITNESS: Yes sir.
THE COURT: And is that something you
normally did or ...
THE WITNESS: Yes sir.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 18
THE COURT: Okay. And were you working in
your capacity as Chairperson of the Armed Forces
Foundation, or were you operating as sort of a staff
member for Mr. Busch?
THE WITNESS: I was operating for him. You
know, we were kind of getting a dual hit out of this,
because he's one of our celebrity ambassadors.
THE COURT: Okay.
THE WITNESS: But I handled the majority of
his PR, and-
THE COURT: Okay.
THE WITNESS: --everything like that.
THE COURT: All right, thank you. Ms.
McNeice, you may continue. I'm sorry for the
interruption.
MS. MCNEICE: Thank you.
Q: So he was there speaking on behalf of the Armed
Forces Foundation; is that correct?
A: Yes, and for himself. It was kind of a joint
thing.
Q: Okay. For himself in what capacity?
A: As Kurt Busch the entity. We were trying-I did a
lot to build his brand and his image, and we got him a lot
of interviews that were just to promote himself.
Q: Okay. Now, you mentioned that you hadn't seen
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 19
1 him-
2 A: Correct.
3 Q: --or hadn't had contact with him as you normally
4 did-
5 A: Right.
6 Q: --during the week prior to September 26th. Did
7 you eventually contact him sometime earlier, before coming
8 to Dover?
9 A: Yes. I talked to a lot of people during the week
10 about how he was doing, what's going on, and my staffer
11 reported back to me. He would see him, physically seen
12 him and talked to him that Thursday. Everybody said he
13 was really up-
14 Q: [Interposing] Okay, well these were-
15 A: Sorry.
16 Q: These people aren't here. So why don't you tell
17 me why you were-you had made these inquiries?
18 A: I love him. I did not believe our relationship
19 to be over with. Kurt has done this before where we've
20 had a big fight, and it's usually around the end of the
21 season, usually around the New Hampshire race.
22 Unfortunately this track seems to bring bad stuff Up.
23 It's into the chase, he had really done poorly in this
24 race, and his chances of going, progressing within the
25 playoff system within NASCAR was little to none at this
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 20
1 point, and so he feels like his season's over, and he'll
2 blow up, and he'll go disappear for a few days.
3 He'll usually go drink himself to death. And he may
4 or may not call you. He needs some time and space to
5 himself. You know, he does this every nine months or so.
6 He just completely implodes, and he just needs to be left
7 alone. And when he decides to come out of his drunken
8 stupor he'll come to and we'll talk it out, and usually
9 he's flying to my house to ask for forgiveness and work
10 things out.
11 Q: So you did text him earlier in that night?
12 A: Yes, I did.
13 Q: What did you say to him?
14 A: I just said "How are you?" And within ten
15 minutes he responded "I'm laying on the floor, crying. I
16 just finished watching a movie, and my world is upside
17 down."
18 Q:
19 A:
20
21 Q:
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23 Q:
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25 Q:
These are his words?
Those are his words.
MS. MCNEICE: If I might, Your Honor.
How did you feel when you saw those words?
Really worried.
I'm sorry?
I was really worried.
And what made you worried?
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 21
A: Because I said "It's okay sweetheart,
everything's going to be all right. Just know that we
love you and everything's going to be okay." He sent back
to me "But I don't know if I love you, but I don't love
anything right now." And I said "Okay." And he said-I
said "I know that everything feels like it's coming down
on you, but it's going to be okay."
Q: Okay.
A: And then he said "No, the world is crushing down
on me," and that's when I got scared.
Q: Okay. What about those words made you scared?
A: Kurt's not the kind of person to be laying on the
floor crying. You know, Kurt is notorious for his temper,
and I think everybody's seen the videos and everything,
and he's the kind of guy to yell, and throw, and break
things, and he's not the kind of guy to lay on the floor
crying. When he does that, that's when everything is
really upside down. You love someone so much for four
years, the last thing you want to do is see them hurt, no
matter.
Q: Sorry, see them what?
A: See them hurting. And he was obviously hurting.
Q: Do you know why he was hurting? Did he tell you
why he was hurting?
A: In the text messages? No.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 22
Q: Did you-
MS. MCNEICE: May I approach Your Honor?
THE COURT: Yes.
Q: Can you identify that document?
A: These are screen shots between me and Kurt, text
messages.
MS. MCNEICE: If I may approach, and I ask
that this be admitted as Petitioner's 1.
MR. HARDIN: No objection.
THE COURT: I'm sorry?
MR. HARDIN: No objection.
THE COURT: All right, they'll be admitted.
Petitioner's 1.
[Whereupon Petitioner's Exhibit 1 was
admitted into evidence.]
Q: Okay. As you look at this document, you said it
was the text messages. It appears that you sent a text
message. Could you tell us the date and time?
A: Friday, September 26, 7:30 p.m.
Q: And what does it-which one of those speakers is
you?
A: I'm the dark colored. It says "I hope you're
okay."
him?
Q: Okay. Is that the first contact you had had with
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 23
1 A: Yes.
2 Q: I notice that there's something ahead of that.
3 What's the date and time of that particular?
4 A: September 21st, 7:30 p.m.
5 Q: Is that the last time you saw him before this?
6 A: Yes.
7 Q: And you had no contact during that week?
8 A: No.
9 Q: Okay. So, what's the next set of sentences
10 there, after "I hope you're okay"?
11 A: He says "I'm crying, laying on the floor. I just
12 finished watching Seven Years in Tibet. I don't know
13 which way is up, but for some reason you confuse me more,
14 and your timing is impeccable."
15 Q: Are you familiar with something called Seven
16 Years in Tibet?
17 A: No.
18 Q: Okay. Do you know what he meant by the last
19 sentence?
20 A: About my timing being impeccable? No.
21 Q: Okay. How did you respond to that?
22 A: "I love you."
23 Q: And what did he say?
24 A: He says "I know, but I don't know if I do. I
25 don't love anything right now."
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 24
Q: Okay. And what was your response?
A: I said "I am hurting for you, and I am always
here for you. The world feels like it's coming down
around you, you will get through this."
Q: Okay. And his response?
A: He says "It's down on top of me, I shouldn't have
replied."
Q: Now, had you talked to-strike that. With regard
to-strike that.
What did you think after you finished this series of
exchanges with Mr. Busch?
A: I was really worried about him. I thought that
he just sounds very broken. I was really-! know that he's
alone in the motor home. I was just-it kind of reaffirmed
everything that I had been hearing all week about how he
had looked upset, and he wasn't eating, and he was pale.
Q: Was that your concern?
A: Yes.
Q: I see. And what steps did you take next ma'am?
A: I texted and called a couple of people that I
knew. I texted-I took a picture of this conversation of
the part where he's saying "I'm crying on the floor,
laying on the floor," and I sent it to one of the guys
that I know he trusts at the track to see if maybe he
could get there before I could, and stop by and see Kurt
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 25
and check on him. And-
Q: And-all right. What did you decide, ultimately
decide to do?
A: Well, after talking to our-
Q: [Interposing] Okay, you can't-no one else is here
that we know of, so tell us what you did.
A: I decided to go out and see him. I had been told
and I believed it was a good idea, because he maybe needed
his family around him, and to know that he's loved and
cared for.
Q: And how did you get to him?
A: I drove with my son.
Q: What time did you leave your home?
A: Between 8:15, 8:30, somewhere around there.
Q: Okay. And how long did it take you to get to
Dover?
A: About an hour and 40 minutes.
Q: Okay. What did you do when you arrived in Dover?
A: I pulled into the track, into the motor home lot,
showed my ID.
Q: What ID is that ma'am?
A: It's my NASCAR hard card.
Q: And what is A NASCAR hard card?
A: It's a license that they give NASCAR team members
so you have full access to the garage, pit road, motor
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 26
1 home lot, events. It's a-
2 Q: [Interposing] And did you have this hard card
3 because of your role with the Armed Forces Foundation?
4 A: I did not. I had a hard card as Kurt's
5 girlfriend.
6 Q: Okay. Again, tell me, what time did you arrive
7 in Dover?
8 A: About 10:00.
9 Q: And so you said you came into the area-
10 A: I came into the motor home area.
11 Q: Okay. And what did you do after you came into
12 the NASCAR area?
13 A: I parked my car right in front of the motor home,
14 and unlocked the door, came in, and Kurt yelled "Who the
15 fuck is here?" And I had asked Houston to wait outside
16 the bus for a moment, and I said "Sweetie, it's Houston
17 and I."
18 Q: Okay. Did he make a response?
19 A: He's like "Why the fuck are you here?" And-
20 Q: [Interposing] What did you say?
21 A: --we walked into the motor home, we walked back
22 to the bedroom, and said "We're here because we love you
23 and we care about you. Are you okay?"
24 Q:
25 A:
Had you been at this motor home in the past?
Been there every weekend for almost the last four
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years.
Q: Okay. Do you keep any clothing there?
A: Yes.
Q: Does your son keep items there?
A: Yes, my son has-in fact Kurt converted the bus in
the past year and a half to do a construction project on
it, and shortened the kitchen so that he would have his
own bunk in there, and drawers for his toys and
everything.
Q: Okay. What was the condition of the motor home
when you walked in?
A: It was dark. Everything was in place, like as if
I was coming that weekend. All of our pictures were up,
everything's out. Houston's toys were sitting out. You
know, everything was like waiting for us to arrive.
Q: Okay. Did you have a key to get into the motor
home?
A: We use a key code.
Q: Okay. And how did you get this key code?
A: Kurt gave it to me.
Q: What did you do after you announced that you were
there?
A: Houston came in and gave him a hug.
Q: Where was Mr. Busch?
A: He was in the bedroom, laying down.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 28
1 Q: Okay.
2 A: And then I asked Houston if he would please go to
3 the front of the motor home and watch TV.
4 Q: And why did you do that?
5 A: Because we needed to talk, and Houston did not
6 need to hear our conversation.
7 Q: Okay. What was your goal in talking with him
8 that day?
9 A: See how he was first, and what's wrong. I just-
10 laying on the floor crying is just not something he does.
11 Q: Okay. And did your son go into the living room?
12 A: He did.
13 Q: And what did you do then?
14 A: He turned on the TV, and I said "What's wrong?"
15 And he's like "You're a fucking psycho, why are you here?"
16 And I said "We're here to check on you." And he just kept
17 saying-he looked crazy.
18 Q: I'm sorry, he what?
19 A: He looked crazy.
20 Q: All right.
21 A: He didn't even look like himself. He was very
22 pale, and just didn't even look like himself. And I told
23 him that I was really worried about him, and he started
24 going off about his team, and how fucked up everybody is,
25 and he hates the team, and then he would jump back to-his
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conversations were all over the place.
He said "You abandoned me at the airport in New
Hampshire." And I told him that I did not abandon him.
He kept saying "I'm going to drop you off somewhere," and
I told him "No, I'm keeping the car and you're getting
out." Because he was acting crazy.
Q: In the car?
A: In the car.
Q: And what day was that?
A: The 21 8t. He had ripped the rear-view mirror out
of the car after the race, after cussing out his entire
crew, cussing out our coach driver, myself. He ripped the
rear-view mirror out of the car, breaking the windshield,
then he grabbed the rear-view mirror and smashed it
against the shifter and the steering wheel. He hit me
when he pulled the mirror down, caused a big bruise on my
leg, and then he threw the mirror at me.
Q: And what state was that in?
A: New Hampshire, heading into Massachusetts,
because we were-I eventually dropped him off at the Boston
Logan Airport, and I asked him to pull over and get out.
Because he had also wrapped the seatbelt around my neck.
And I just told him "Just get out." And I left. I left
him at the airport. So I didn't stop to let him get his
things or anything, I just left.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 30
1 And so he's saying that I abandoned him. And I said
2 "You have a wallet with credit cards, I didn't abandon
3 you. You had your phone, you had plenty of money, I
4 don't-you were telling me to get out, you were acting
5 crazy, I'm not going to stick around and I'm definitely
6 not coming back to give you your bags~ My staff gave me
7 your bags a couple of days later in New York City." And
8 he kept going off about being abandoned by me.
9 Q: Did Mr. Busch, on the evening of the 25th, tell
10 you why he was mad at his team and upset?
11 A:
12 Q: I meant, sorry, on the 26th, yes.
13 A: Yes. He said that he was angry that Tony Stewart
14 had killed that kid, and is ruining his entire career, and
15 now this whole thing is being messed up for him, because
16 he should have had a crew chief change, and his crew chief
17 sucks, his crew sucks, his engineer is horrible. His
18 over-the-wall crew is terrible. And if he had just gotten
19 the change that he wanted before the chase, then he would
20 be doing better in the chase.
21 And because Tony screwed everything up again, you
22 know, now all the focus was on him at Stewart-Haas, versus
23 getting anybody else what they needed. And Kevin was
24 getting everything, he was getting nothing. He just kept
25 going off about how horrible the team was, and that he
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 31
didn't want to sign the contract extension, and he wanted
to quit, he wanted to end everything. And at that point
he said if he had a gun in the motor home that he would
shoot himself.
Q: How did it make you feel when you heard him make
that threat?
A: Scared.
Q: Scared for who?
A: Scared for him, scared for me# because he just
seemed so out of his mind. Just more scared that he's
serious and if we leave he's going to just kill himself.
Q: How long did this conversation go on?
A: This went on for about ten minutes, you know, and
he just kept saying weird stuff like "You texted me while
I was laying on the floor crying, you have spies
everywhere, and you have-I'm sure you have cameras in the
bus." And just saying crazy things.
Q: What did you think when you heard him making
those statements?
A: That he's acting nuts, this is nuts, that I would
have a camera in the bus spying on him. That doesn't even
make any sense.
TV.
Q: Where was your son during this conversation?
A: My son's at the front of the motor home, watching
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 32
1 Q: What did you say in response to his comments?
2 A: I just said "Things will end up working out with
3 the team," and he said "No, no they won't." And he just
4 kept going off about the team, and he told me that he had
5 been yelled at earlier that morning by Greg Zipadelli, for
6 the way that he talks to the crew members, and that this
7 was his final warning, and that he was really in big
8 trouble.
9 And then he told me that after not qualifying after
10 that day on Friday, that after that, after he had already
11 been warned and yelled at, that he went back and screamed
12 at the crew chief and told him he was a fucking idiot.
13 And also the team represented - - and said that he was a
14 fucking idiot, and screamed at him, and kept cussing them
15 out.
16 And I asked him, "Are you trying to get fired? Why
17 are you doing this?" And he said "I just-I don't want a
18 contract extension, I don't want to work for these idiots
19 anymore," and just kept going off about the team.
20 And then he said "And I don't want you here, and you
21 should leave." And I said "We're here to support you and
22 love you no matter what happens with this race team, and
23 we always have been. You know, we just drove an hour and
24 40 minutes just to check on you to see if you're okay."
25 Q: And what was his response?
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 33
A: He said "I'm not okay," and just kept going off
about the race team again.
Q: Did he raise his voice during this conversation?
A: We were kind of like whisper yelling so that
Houston can't really hear.
Q: Okay.
A: And then he said that he wanted us to go, and
he's done with everything, he's done with the team, you
know, and said again "If I had a gun I would just kill
myself, I'm just done with everything." And I said,
"Well, if"-and he said "And I'm done with you." And I
said "Well, if we're really done then get your clothes on
and you and I are going to go sit down and talk to that
little boy and let him know that we're finished," because
I was calling his bluff. Any time that he wants to win an
argument, that's what he does, is he threatens our
relationship. He's done this a million times.
And I said "Fine, if we're done put your clothes on,
we're going to go to talk to Houston together, and we're
going to tell him it's over with, we're finished, and I
will leave this bus right here and now." And he
immediately responded, "No, I'm not doing that. I'm not
doing that." And in fact, "I'll do it at the end of the
season."
And I told him "Our lives don't run around NASCAR
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 34
1 season. You're not waiting. If we're really finished get
2 up right now and let's go talk to Houston and we will
3 leave this bus."
4 Q: Did you have an opportunity to observe his
5 appearance or his face at that time?
6 A: Like I said, he was very pale, and he just looked
7 crazy. I don't know how else to explain it.
8 Q: Okay. What happened next?
9 A: He sprung up from the bed, he grabbed me by my
10 throat with one hand, and my face with the other, and he
11 smashed my head into the wall three times.
12 Q: Where was his hand, which hand are we talking
13 about?
14 A: He did this to my face and my throat.
15 Q: Which hand did he have on your face?
16 A: His right hand on my face. His left hand on my
17 throat.
18 Q: And what did he do when he hands on your face and
19 your throat?
20 A:
21 wall.
22 Q:
23 A:
24 Q:
25 A:
He choked me, and he smashed my head into the
How did it feel?
It scared me, because he just snapped.
He just-I'm sorry?
Snapped.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 35
1 Q: Snapped? Mm-hmm.
2 A: And I couldn't breathe. - - [Crying].
3 THE COURT: Ms. Driscoll, do you need a
4 recess? It's-
5 THE WITNESS: Yes.
6 THE COURT: Ms. McNeice, it's getting a
7 little difficult to make out what the witness is
8 saying.
9 MS. MCNEICE: I understand.
10 THE COURT: All right, we'll take a brief
11 recess.
12 MS. MCNEICE: Thank you.
13 THE CLERK: All rise.
14 [OFF THE RECORD]
15 [ON THE RECORD]
16 THE COURT: I'm sorry, I can't see the
17 record, are we back on the record?
18 THE CLERK: Yes, we are.
19 THE COURT: Thank you.
20 MS. MCNEICE: Thank you Your Honor.
21 THE COURT: Ms. Driscoll, are you okay now?
22 Good. Ms. McNeice.
23 MS. MCNEICE: Thank you.
24 Q: Ms. Driscoll, before the break we were talking
25 about an incident between you and Mr. Busch. Could you
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tell us again what happened ma'am?
A: He sprung out of bed, he grabbed me by the throat
and by the face, and smashed my head into the wall three
times.
Q: You said he had grabbed you by the throat. Do
you recall exactly where on your throat he placed his
hand?
A: Right here, right here, just across here.
Q: And what did he do when-
THE COURT: [Interposing] All right, the
record will reflect that the witness is showing a
hand up underneath her jaw, with the fingers behind
her ear. I'm sorry ma'am, when you make a gesture
like that we have to describe it for the record. Ms.
McNeice.
MS. MCNEICE: Thank you.
Q: Did you have an opportunity to observe his facial
expression during this incident?
A: He just looked like he snapped.
Q: What did he do with his hand that he placed on
your throat?
A: Crushed my throat with it, just like this. And
on the other one, he had - - on my chin, and on my cheek,
and by my ears, and just smashed me into the wall three
times.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 37
1 Q: How did this feel, with his hand on your throat?
2 A: It felt like I couldn't breathe, he was choking
3 me.
4 Q: And how did it feel to have his hand on your
5 face?
6 A: He had my face so tight it hurt, just smashed my
7 head.
8 Q: I'm sorry?
9 A: He smashed my head. He had this very crazy look
10 in his eyes. He scared me.
11 Q: How long did he have his hand on your neck?
12 A: The amount of time it took to smash my head into
13 the wall, he did it so fast. And then I pushed his hands
14 away.
15 Q: How did-
16 A: Because he looked like he had a surprised look on
17 his face, that he had just done this to me.
18 Q: How did he-how did you push his hands away?
19 A: I grabbed 'em and shoved 'em.
20 Q: Shoved him?
21 A: No, shoved his hands off my throat and my face.
22 I grabbed them from underneath.
23 Q: Okay. Ma'am, what room again in this motor home
24 did this occur in?
25 A: In the bedroom.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 38
1 Q: And in this bedroom what furniture is in there?
2 A: A bed, and all of this is stationary, it has
3 slide-outs, but the bed, and then two night stands that
4 are built into the wall, and then there's a closet that's
5 also built in, with a little bench on the bottom.
6 Q: And as you're facing what might be described as
7 the head of the bed, what side was Mr. Busch on?
8 A: The left side.
9 Q: And where were you during the earlier discussion
10 that you had, or the conversation you had with Mr. Busch?
11 A: I was standing near the night stand, in between
12 the bed and the wall.
13 Q: What's the distance between the bed and the wall?
14 A: 18 to 24".
15 Q: And did you remain in that location?
16 A: I stayed right there when I was talking to him
17 the whole time.
18 Q: Okay, were you standing?
19 A: I was standing.
20 Q: And what was he doing?
21 A: He was laying down in the bed when we were
22 talking.
23 Q: Okay. And after he put his hands on your throat
24 and your neck-excuse me, and your face, what happened
25 then?
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1 A: Pushed him away. And I told him that he was a
2 piece of shit and a coward, and I ran out of the bus. I
3 grabbed my son and we left. We didn't-we didn't stop to
4 grab anything, we just left.
5 Q: How did you feel at the time you left?
6 A: Scared. I don't know how he could just do this
7 to me. I was scared, and in shock. Like this is the
8 person I spent four years of my life with. been a
9 part of my son's life. Why would he do this to me? I
10 don't understand.
11 Q: What did you do after you left the trailer?
12 A: I put Houston in the car and we drove to the end
13 of the coach lot, to the corner, where the-our church
14 motor home is. I wa? crying so hard I knew I couldn't
15 drive all the way home. So I went and knocked on their
16 door, and Nick and Amy Terry answered. Houston's crying,
17 I'm crying.
18 Q: What was the distance between the motor home
19 where you were with Mr. Busch and the Terry's motor home?
20 A: It's at the end of the-- , I don't know. 50
21 yards maybe. I don't know the exact distance.
22 Q: And did you know the Terrys before this?
23 A: Yes. We have a very close relationship with the
24 Motor Racing Outreach folks. They're a church that
25 travels with us every weekend. And there's someone that
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1 does service for us before the drivers' meeting. They're
2 always there to counsel you, and talk to you. And the
3 Terrys have been involved in some very tough times for
4 Kurt and I, when Kurt got fired from Penske, and when he
5 got suspended by NASCAR when he got into on-track
6 incidents, like at Darlington. They were there to help
7 talk to both of us.
8 And they've-they're always there to talk to us on the
9 phone whenever we need, or I n person. They watch our
10 kids, they have a little day care, and we drop the kids
11 off during the races, where the kids get together and
12 play, and a lot of the families get together and go there
13 and play during the race weekend.
14 Q: Tell us again, why did you go to the Terrys?
15 A: I was crying really hard, and I couldn't drive
16 home, I was in-I needed to talk to somebody. I can't
17 believe that he just did this.
18 Q: All right. When you arrived at the Terry home
19 what did you do?
20 A:
21 he could
22 us both
23 a bag of
24 head was
25 Q:
They took Houston in the back with their kids so
watch movies. Tried to calm him down, and gave
some water. I told them what happened. They
frozen Brussels sprouts for my head, because
really hurting bad, and my neck.
Where did you put this ice, or this frozen
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 41
1 material?
2 A: Right here. And I was holding it while I was
3 talking to them. And they also gave me some Ibuprofen.
4 Because my head was really starting to pound bad, and my
5 throat hurt. I felt like I couldn't breathe. I could
6 just still feel his hands around my neck, my throat felt
7 crushed.
8 Q: How long were you at the Terrys?
9 A: For about an hour.
10 Q: Let's review the timing again. What time did you
11 arrive at Mr. Busch's motor home?
12 A: Around 10:00.
13 Q: And how long did you talk to him?
14 A: About ten minutes.
15 Q: And how long were you in the home after you
16 stopped talking and he put his hands on your throat and
17 your face?
18 A: Under a minute, I ran out of there with Houston.
19 Q: Okay. Did you hear from Mr. Busch again that
20 evening?
21 A: Yes.
22 Q: How-what format did he use to contact you?
23 A: He sent me a text about ten minutes after I was
24 sitting in the Terrys' motor home.
25 THE COURT: Ten minutes after you left or
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1 while you were there?
2 THE WITNESS: Ten minutes after I left-
3 THE COURT: Okay.
4 THE WITNESS: --his motor home.
5 THE COURT: Okay.
6 Q: I'm going to hand you a document now. Can you
7 identify this?
8 A: This is a text message from Kurt.
9 Q: And the date of that text message and the time?
10 A: Friday, September 26, 10:30 p.m.
11 Q: I notice there's another text message there; is
12 that correct?
13 A: Yes.
14 Q: Is that related to this incident-excuse me. Is
15 that related to the evening of September 26?
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MS. MCNEICE: Your Honor, may I approach? I
ask that this be admitted as Petitioner's 2.
THE COURT: Mr. Hardin is there any
objection to the admission of this document?
MR. HARDIN: I have no objection Your Honor.
THE COURT: All right. It will be admitted,
thank you.
[Whereupon Petitioner's Exhibit 2 was
admitted into evidence.]
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1 Q: Could you read the content of this text please?
2 A: "Here's the deal, I will only support the Houston
3 custody shit if you cooperate with our split. Leaving me
4 stranded and then showing up unannounced has not been all
5 that cooperative."
6 Q: Okay. Do you know what he was talking about,
7 "custody shit"?
8 A: I'm in the midst of a very nasty custody battle
9 for the third time with my ex-husband over my son.
10 Q: Okay.
11 A: And the custody battle started again in July of
12 this year, and we were right in the thick of it.
13 Q: Okay. And Kurt was obviously aware of this,
14 correct?
15 A: Correct.
16 Q: And did you anticipate that Kurt would be a
17 witness for you in your custody dispute?
18 A: Kurt was supposed to be a witness.
19 Q: What did you think when you got this text?
20 A: It's a threat.
21 Q: A threat? What type of threat?
22 A: He knows the most important thing to me is my
23 son. He knows what he did to me. And he knows that the
24 only thing I care about is making sure that I have custody
25 of my son, I love him very much. And my ex is playing all
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kinds of bad games. He knows Houston is what matters to
me.
Q: Okay. Again, how long did you stay at the Terry
home?
A: About an hour.
Q: Okay. What did you do at the end of that hour?
A: Houston was already asleep, and I put him in the
car, and buckled him in. And he just laid down in the
back of the seat.
Q: Did he return to sleep?
A: Yeah, he was passed out.
THE COURT: Ma'am, I apologize. I have one
question about the document that's Petitioner's 2.
Is this text message that's identified as Friday,
September 26th, at 10:37 p.m. the first contact you
had with Mr. Busch after the incident?
THE WITNESS: Yes sir.
THE COURT: So that ~Here's the deal, I will
support the Houston custody shit" is the first
communication-
THE WITNESS: First communication.
THE COURT: --between the two of you after
the incident?
THE WITNESS: Yes sir.
THE COURT: Thank you. I'm sorry for the
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1 interruption.
2 Q: Okay, you said you were there for an hour, and
3 you put Houston back in the car?
4 A: Yes.
5 Q: And what did you do then?
6 A: I drove home. The Terrys wanted to get me a
7 hotel near the track and I told them "No, I didn't want to
8 be anywhere near this place, I'm going home."
9 Q: Okay. So, you left to return to Ellicott City,
10 correct?
11 A: Correct.
12 Q: And what time did you arrive home?
13 A: About 1:30 in the morning.
14 Q: And where was Houston during this drive?
15 A: He was in the back seat.
16 Q: I believe you said he was asleep; is that
17 correct?
18 A: He was asleep.
19 Q: Did you have any further communication from Mr.
20 Busch that evening?
21 A: No.
22 Q: Okay. Now-
23 A: [Interposing] And I did not respond to his texts
24 or anything either.
25 Q: Okay. Did he send you further texts?
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 46
1 A: No.
2 Q: No. Okay. And I'm sorry, you said you didn't-
3 A: I did not respond to this text message he sent
4 me.
5 Q: I apologize. This text message?
6 A: Yes.
7 Q: The one that's listed on-
8 A: September 26th, 10:37 p.m., I did not.
9 Q: What did you do when you got home?
10 A: I had called my neighbor and I asked her to come
11 over, to meet me at the house.
12 Q: Okay.
13 A: I put my son to bed. The Terrys had told me that
14 my neck was red and I felt a bump on the back of my head,
15 and after I put my son in bed I went to the bathroom to
16 look at myself for the first time, and I saw the bruises
17 on my neck and my face.
18 MS. MCNEICE: May I approach Your Honor?
19 Q: Can you identify this picture?
20 A: This is me.
21 Q: What is this, ma'am?
22 A: This is a picture of the bruises around my throat
23 and my ear, underneath, on my neck.
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MS. MCNEICE: I ask that this be admitted as
Petitioner's 3.
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THE COURT: Mr. Hardin?
MR. HARDIN: No objection.
THE COURT: All right, it will be admitted
as Petitioner's 3.
[Whereupon Petitioner's Exhibit 3 was
admitted into evidence.]
Q: Who took this picture ma'am?
A: I did.
Q: And when did you take it?
A: When I got home and I looked in the mirror. This
is in my bathroom.
Q: Okay. Specifically on this picture can you
identify what you described as redness, and identify what
you describe as a bruise?
A: This, all of this is the redness from where he
had his hands around my throat, and the bruise is right
here.
THE COURT: Okay ma'am, actually you don't
have the exhibit with you. Ms. McNeice, does the
witness have an identical copy of this exhibit?
MS. MCNEICE: Yes Your Honor.
THE COURT: All right, okay, thank you.
Q: Could you tell us again which portion of this
picture refers to some various marks?
A: Underneath my chin, it's all red. And then these
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 48
1 darker spots by my earring are the bruises that I saw.
2 And down a little bit below my neck you can see some more
3 red. There's red spots everywhere.
4 Q: Which device did you use to take these pictures?
5 A: My iPhone.
6 Q: It appears that this picture has an overall red
7 tone; is that correct?
8 A: Yeah.
9 Q: And has that-does that have an effect on this
10 picture?
11 A: No, I still see where he-the red line where his
12 hand was, and where the bruises were.
13 THE COURT: Ma'am, when did you take this
14 photograph?
15 THE WITNESS: When I got home, and after I
16 put my son to bed, it was about 1:30 in the morning.
17 THE COURT: 1:30 in the morning? All right,
18 thank you.
19 MS. MCNEICE: May I approach again, if I
20 may.
21 Q: I'm going to hand you another document. Can you
22 identify that?
23 A: That's me, same time, in my bathroom, about 1:30
24 in the morning.
25 Q: Okay. Approximately how long after your
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interaction with Mr. Busch was this picture taken?
A: About three hours after.
MS. MCNEICE: I ask that this be admitted as
Petitioner's 4.
THE COURT: Mr. Hardin?
MR. HARDIN: No objection. And since I'm
from another jurisdiction would the Court prefer I
stand before the objection? I made a mistake a while
ago saying "Objection" while sitting. I'm-
THE COURT: That's fine. You're fine Mr.
Hardin.
MR. HARDIN: All right.
THE COURT: I'm pretty informal with regard
to that. However you're comfortable sir.
MR. HARDIN: I have no objection.
THE COURT: All right, this will be admitted
as Petitioner's 4.
[Whereupon Petitioner's Exhibit 4 was
admitted into evidence.]
Q: And Ms. Driscoll, can you point out specifically
which part of this picture that you were trying to
highlight in your photograph? Excuse me.
What is in this picture? I'm sorry.
A: There's a big red-big bruise, black and blue,
underneath my chin, right here, underneath my neck.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 50
1 There's a bruise on my chin. There's a bruise on my
2 cheek.
3 Q: Do you know how these bruises got to those
4 portions of your neck and cheek?
5 A: When he put his hands on my neck and my face.
6 His thumb was right where this big bruise is underneath my
7 neck.
8 MS. MCNEICE: May I approach again Your
9 Honor?
10 THE COURT: Sure.
11 Q: I'm going to hand you another picture. Can you
12 identify this one?
13 A: It's another angle of the same bruise. And the
14 red marks underneath my chin, the red spots.
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Q: Again ma'am, who took this picture?
A: I did.
Q: And what was the date of the picture?
A: September 27, about 1:30 in the morning.
MS. MCNEICE: I ask that this be admitted as
Petitioner's 5.
THE COURT: Mr. Hardin?
MR. HARDIN: No objection Your Honor.
THE COURT: All right, will be admitted,
Petitioner's 5.
[Whereupon Petitioner's Exhibit 5 was
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admitted into evidence.]
Q: And Ms. Driscoll, on this picture can you
identify or point to the area of the picture that you
believe reflects-
A: [Interposing] This is a bruise on the chin, the
red marks, and the spots.
THE COURT: All right.
Q: And I'm going to hand you another picture ma'am.
Can you identify this one?
A: This is me, in the bathroom, 1:30 in the morning.
Another close-up of the bruise underneath my chin, and the
red marks, and the red spots, and bruises by my earlobe.
Q: Who took this picture ma'am?
A: I did.
Q: And what time, and the date?
A: September 27th, about 1:30 in the morning.
MS. MCNEICE: I ask that this be admitted as
Petitioner's 6.
THE COURT: Mr. Hardin.
MR. HARDIN: No objection.
THE COURT: Without objection it will be
admitted as Petitioner's 6.
[Whereupon Petitioner's Exhibit 6 was
admitted into evidence.]
Q: Now, how did your neck feel at September 27th_on
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 52
1 September 27th, at approximately 1:30 in the morning?
2 A: It felt crushed. I felt where he put his hands
3 on me and crushed my throat.
4 Q: How about your neck?
5 A: My neck and the back of my head were really
6 pounding. The Terrys had given me some Ibuprofen while I
7 was there, and it just hurt, still hurt so bad. I wanted
8 to go take some more medicine.
9 Q: What medication did you take?
10 A: Ibuprofen, about 800 mg. You're only supposed to
11 take it every four hours, but it had been about three at
12 that point, and my head was really hurting, and my neck.
13 Q: Did you use any other devices to eliminate the
14 pain?
15 A: Some ice for my head, I had a cold pack.
16 Q: How long did you use the ice pack?
17 A: My neighbor came over, and I let her in, and I
18 grabbed the ice pack when I let her in the kitchen door.
19 We sat down and talked in the library, and it was on my
20 head until she left. And I got another one and I took it
21 to bed with me.
22 Q:
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24 Q:
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How long did your neighbor stay?
She was there for about an hour.
And what is this neighbor's name ma'am?
Waleska Rodriguez.
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Q: Did you relate to her the incident that occurred
that evening?
A: I did.
Q: And what did you tell her?
A: I told her how he attacked me. And she said
"Enough, this is enough."
Q: You don't have to tell us what she said.
What did you do after your neighbor was there ma'am?
A: I locked the door, we changed the alarm code. We
changed the alarm code to a different code altogether. So
I went upstairs and went to bed and turned the alarm on,
so that all the doors and windows were on.
Q: And?
A: And I tried to go to sleep.
Q: Did you get to sleep?
A: Not very well, not very much.
Q: What time did you awake?
A: About 6:30.
Q: And what did you do then?
A: Just kind of laid in bed and started to think
about what I needed to do. I had-I was supposed to be at
the track for an event that morning, so I texted my staff
and told them I would not come, I would not be there.
Q: Did you direct your staff to take some steps?
A: I told them that they had to send somebody else
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1 in for me, and I would not be there at any point during
2 the weekend.
3 Q: Okay. Now, your staff, you directed them to go
4 to Dover; is that correct?
5 A: Yes ma'am.
6 Q: Okay. And serve in your capacity, correct?
7 A: Correct.
8 Q: All right. And tell us again, what were you to
9 have been doing that day?
10 A: We were announcing the eBenefits campaign in
11 kiosks that were at the track, to try and get veterans to
12 sign up for their benefits electronically. And I was
13 supposed to be doing interviews on TV, and we were
14 demonstrating how the machine worked, and have veterans
15 signing up.
16 Q: Okay. In addition to your neighbor, did you call
17 anyone else that-well, excuse me.
18 Did you call anyone else that night?
19 A: I tried to get a hold of my attorney. The Terrys
20 were asking me about calling the police, and I said I
21 can't, I need to talk to my custody attorney, this is
22 going to affect my custody battle, I knew it. And he
23 didn't answer. I called my brother.
24 Q:
25 A:
Where does your brother live?
Florida.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 55
1 Q: Did you call anyone else in Florida?
2 A: Called my mom. They're both really adopted
3 family, but I consider them family. And the godmother to
4 my brother's son. And I called the religious counselor
5 that both Kurt and I used, Richard Andrew [phonetic] . And
6 I called my neighbor, and that was it, and asked her to
7 meet me at the house when I got there.
8 Q: What did you do the next day, after you told your
9 staff to cover for you in Dover?
10 A: Pretty much laid on the couch and took a lot of
11 Ibuprofen, and switched between heat and ice on my head
12 and my neck.
13 Q: Did you see your mother that day?
14 A: I asked her to fly up, and she flew in about 8:00
15 that night, and I went and grabbed her from the airport.
16 We also changed the key code to the house with my
17 neighbor's help, and had every house camera, security
18 camera that I had around the house, got them all turned
19 on. And some that I had in the closet, I put them on.
20 They're very visible cameras that you know if somebody
21 comes up to the property that they can see you, that
22 there's cameras on the house, and I wired them all to my
23 bedroom, put a TV in my bedroom, so I could see from my
24 room.
25 Q: With the-how long did your mother stay with you?
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A: She came in that Saturday night. She was there
Sunday and Monday, and left Monday evening.
Q: And did you see your neighbor, the same neighbor
that-
A: Yes. They came back over multiple times during
the day on Saturday.
Q: You said "they". I apologize. I think-
A: Her and her husband.
Q: I forgot to ask you her name, your neighbor?
A: Waleska Rodriguez. And her husband Esteban.
Q: And did you speak with Waleska on-this would have
been Saturday the 27th?
A: Yes, because she came over at 1:30 in the
morning. She did meet me at the house. And I talked to
her until, you know, for an hour or so. And then they
came back over in the morning to check on me. She did.
And then her husband came back with her later on in the
afternoon. We changed the locks, the pass code to all the
locks in the house.
Q: Okay.
A: And then, you know, we see each other all the
time, and she's always so good to come check on me.
Q: Did you provide care for Houston on Saturday the
A: Yes.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 57
Q: And how about on Sunday the 28th?
A: Yes.
Q: How did you feel on Saturday the 27th?
A: My head, my neck was killing me. My throat still
felt crushed. Scared. That's why I wanted all the locks
changed. I don't know why he snapped like that. I don't
know what he's capable of doing next. Confused. I don't
understand.
Q: Did you make-did you send any texts to Kurt?
A: No. I had no contact with him.
Q: When was the next time you heard from Mr. Busch?
A: He sent me a text Sunday, October the 5th, 4:00.
Q: Is that the text that is-
A: It's the next text on this piece of paper.
Q: The one that's-
A: That starts out ~I would like to thank you."
THE COURT: Begins at the bottom of
Petitioner's 2?
Q: Is that the-
THE COURT: I see that-
A: That is the text-
Q: --text message at the bottom of-
p.m.?
THE COURT: --thank you. October 5, 4:05
THE WITNESS: Yes sir.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 58
1 THE COURT: All right.
2 Q: Now, had you contacted him at all between Friday,
3 September 26th and October 5th?
4 A: No, I did not.
5 Q: Okay. Looking at this text message, it says-
6 makes it look like he's upset with you about something.
7 A: Yes.
8 Q: He said "I would like to thank you for taking a
9 screen shot." What does he mean by "screen shot"?
10 A: I took a screen shot of our text messages from
11 the-from September 26th, and I sent it to Eddie Jarvis, the
12 guy I mentioned earlier from his team, to see if Eddie
13 would go over and check on Kurt. And then he said he
14 would try if he had time, but he said he had a lot going
15 on with Tony.
16 Q: So that was actually before the incident in his-
17 A: Correct.
18 Q: --motor home. I see.
19 And did you know what he meant by "sharing our
20 personal problems"?
21 A: Yeah, because I had texted Eddie. Other guys on
22 the team had contacted me as well, just to see how I was
23 doing, because they had heard that he had done something
24 pretty bad to me in New Hampshire, and I didn't show up
25 for Dover, so people-New Hampshire, there was all kinds of
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 59
1 wild rumors the following days that he had thrown my stuff
2 out of his airplane, and left me on the tarmac, to he had
3 beat me up, to all kinds of wild stuff from people.
4 Q: Did you start any of those rumors?
5 A: I did not.
6 Q: Did you talk to anyone about that?
7 A: No. I said I left him at the airport. I had
8 talked to his assistant Christi [phonetic] that night in
9 New Hampshire.
10 Q: After the New Hampshire incident?
11 A: After the New Hampshire incident, and told her
12 what happened. And so that she would go find out where
13 he's going, get him travel arrangements, whatever, because
14 I wasn't going back to give him his bag and stuff.
15 Q: And did she know Mr. Busch's whereabouts at that
16 time?
17 A: She said she did not, and she said, when she
18 called me back, that he would not allow her to make a
19 reservation for him. And she just told me, "Just get
20 calm, go to a hotel, this has happened before, it will be
21 fine."
22 Q: Did you contact any member of the press?
23 A: No.
24 Q: Did you contact your staff at either place of
25 employment?
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A: Yes, like I said, they needed to cover for me
that Saturday morning and Sunday, I was not returning to
the track.
Q: Did you go to work at sometime during the week
after this incident?
A: Yes, I went back to work on Tuesday.
Q: Okay. So that would have been September 30th?
A: I don't have a calendar in front of me.
Q: Okay. And did you speak with anyone at work?
A: My chief of staff and my PR guy, Matt Ballard.
Those were the two I had contacted anyway to cover for me
in Dover on Saturday and Sunday.
Q: What did your neck look like on Monday, September
A: The bruising got a lot worse. When I woke up
from trying to sleep on the 27th, by the time that I went
to go brush my teeth that morning a lot of the redness was
gone, but the bruises were darker, and there were still
red spots. And they stinged.
Q: Did you take additional pictures?
A: No. I didn't want to. I hated just going to
wash my hands and seeing my face.
Q: Why did you take the pictures on the 20-early in
the morning on the 27th?
A: I wanted to remind myself of what he had done to
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1 me, and there's no chance that I was ever going back. And
2 I needed this to remind me any time that I was starting to
3 feel weaker, he might come to apologize, that this was not
4 acceptable and he will not do this to me, and I will not
5 go back no matter what, I just can't go back.
6 Q: How about on Monday, September 29th? What did
7 your neck look like at that time?
8 A: Bruises were still there.
9 Q: And what-
10 A: [Interposing] I had-I couldn't go out without
11 covering them up, and had to wear a turtleneck.
12 Q: And how did you feel?
13 A: My throat still hurt for days, where it felt
14 pushed in and crushed. And my head still had a lump a
15 little bit, and it just hurt.
16 Q: Where was this lump?
17 A: Right back here.
18 MS. MCNEICE: And for the record I'd like it
19 noted that my client has used her hand and pointed to
20 the back of her head.
21 THE COURT: So noted.
22 Q: Did you resume your work duties during the week
23 after this incident?
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A: I tried the best that I could. I'm one of those
people that I can just keep my mind busy working on stuff.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 62
1 And I have a lot of things going on with my foundation
2 that I can keep my mind off of this.
3 Q: Did you provide care to your son during this
4 week?
5 A: Yes ma'am.
6 Q: And did you-when was the last time you observed
7 any bruising on your neck or your face?
8 A: By the end of the week. Throughout the week they
9 had kind of yellowed and eventually went away, where I
10 didn't have to use a lot of makeup to cover them up.
11 Q: Did you have any contact with Mr. Busch after the
12 one that's mentioned on October 5th?
13 A: More contact after this?
14 Q: Mm-hmm.
15 A: Yes, he continued to send me text messages.
16 Q: Do you remember the date of the next contact from
17 Mr. Busch?
18 A: He also called my attorney that Friday.
19 Q: What attorney is that ma'am?
20 A: Mark Dycio.
21 Q: What role does Mr. Dycio play for you? He's an
22 attorney for what?
23 A: He is my personal attorney, and he does things
24 for my foundation.
25 Q: I see.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 63
1 A: And he's a friend.
2 Q: He's?
3 A: Also a friend.
4 Q: A friend. And when was the next time you heard
5 from Mr. Busch ma'am?
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A: If I had my phone I could tell you.
Q: Did you initiate any contact with him?
A: Not at this point, no.
THE COURT: Ma'am, what do you mean by "not
at this point"?
THE WITNESS: He kept sending me text
messages to initiate conversations, and I believe
only once within the month did I initiate a
conversation with him that was not in response to the
text messages he sent me.
THE COURT: All right.
THE WITNESS: And at no time have I had any
phone conversations with him since the Dover
incident.
MS. MCNEICE: I apologize, Your Honor, I'm ...
THE COURT: No problem. Did you need a
recess?
Q:
MS. MCNEICE: No thank you.
THE COURT: All right.
I'm going to hand you three documents ma'am. Can
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you identify these documents?
A: These are text messages between Kurt and myself.
Q: And what's the date of those text messages?
A: Saturday, October 28th, 8:26 p.m.
MS. MCNEICE: I ask that this be submitted
as Petitioner's 7.
THE COURT: Mr. Hardin?
MR. HARDIN: I have no objection. May I
have exhibit numbers? Are they different exhibit
numbers for each one or ...
MS. MCNEICE: I'm sorry, they're not-
THE CLERK: Will that be collectively as 7?
THE COURT: Collectively 7?
MS. MCNEICE: Collectively as 7.
MR. HARDIN: Thank you.
THE COURT: Okay.
MR. HARDIN: And no objection.
THE COURT: Thank you. They'll be admitted
as Petitioner's 7.
[Whereupon Petitioner's Exhibit 7 was
admitted into evidence.]
Q: Again, where were you when you received this text
message?
A: I was at my home in Ellicott City.
Q: And do you recall that you received it?
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 65
A: Yup.
Q: And give us the date and time again please ma'am?
A: Saturday, October 18th, 8:26p.m.
Q: And-
A: And it's a text message from Kurt, and it says
"Is Houston in bed yet? Can we talk?"
Q: Okay.
A: And I did not respond.
Q: And you didn't respond at that time. When did
you respond next?
A: The next day, when I thought he would be racing.
Q: Okay, and what did you say? Can you read that
please?
A: Well, and he also said "Time's passed, I see the
route you've chosen."
Q: What do you think he meant-what did you perceive
that he meant by the expression "I see the route you've
chosen"?
A: I really don't know.
Q: Okay. And what did you say to him then ma'am?
A: So, Sunday, October 19th, 11:34 a.m. I said
"Kurt, what is it that you would like to talk about?"
Q: And?
A: And he said "I just finished meeting with the
troops. Now I'm at drivers' meeting. You know that.
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 66
Tonight or tomorrow we will have to try to understand
where we are."
Q: Okay. Did you arrange for him to meet any troops
on that day?
A: I did not.
Q: Okay. And-
A: I gave my staff specific instructions that they
were not to ask Kurt to do anything for our foundation
after the Dover incident.
Q: Okay. And did he ever explain to you what he
meant by "where we are"?
A: Never.
Q: Ma'am, at any time during this incident from
September 26th or even before that, at any time between
that date and today's date, did you ever ask Mr. Busch for
money?
A: No, I did not.
Q: At any time between this incident in Dover and
today's date did you contact any member of the press
specifically to discuss this incident with Kurt-about Kurt
Busch?
A: No, I did not. I had been contacted by members
of the press.
Q: Okay.
A: But as you can see from every story out there, I
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 67
have not given any comment.
Q: Okay.
A: And I had directed all communications to go
through my attorney.
MS. MCNEICE: I have nothing else at this
time.
THE COURT: Okay. Mr. Hardin, do you need a
break before cross?
MR. HARDIN: Sure.
THE COURT: All right, we'll recess.
THE CLERK: All rise.
MR. LIGUORI: He said do you want a break?
MR. HARDIN: Actually, I don't really need
one Your Honor. I misunderstood. I thought you were
talking about lunch. I apologize.
THE COURT: All right. Well, if the parties
want to take lunch we can take lunch.
MR. HARDIN: Well, we'll do whatever you
prefer. I mean, I'm willing to go forward. However
you want to do it.
THE COURT: It's really up to the parties.
I'm willing to roll through if the parties want to
roll through.
MR. HARDIN: I think I-
THE COURT: Does the witness need a break
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DIRECT EXAMINATION OF P. DRISCOLL BY C. MCNEICE 68
1 before cross?
2 THE WITNESS: No.
3 THE COURT: No? All right.
4 CROSS EXAMINATION
5 BY MR. RUSTY HARDIN
6 Q: Good afternoon. I don't believe we've ever met,
7 have we?
8 A: No.
9 Q: Ms. Driscoll, have you ever told anyone that you
10 intended to ruin Kurt Busch?
11 A: No.
12 Q: Have you ever told different people that Kurt
13 Busch owed you money?
14 A: He does.
15 Q: And have you ever told people that Kurt Busch-you
16 made Kurt Busch's career?
17 A: I have said that I have helped improve his image
18 and brand from where it was.
19 Q: Yes ma'am. Well, if I could go back, you are
20 small in stature; is that right?
21 A: I'm 5', yes sir.
22 Q: All right. Can you give the Commissioner a
23 little bit of your background please? Your professional
24 background.
25 A: What about it?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 69
1 Q: If you could just sort of give us a quick
2 autobiographical work statement.
3 A: I am President of the Armed Forces Foundation.
4 I'm a Board member of the foundation, and I have been
5 since 2001.
6 Q: And you're how old today?
7 A: 37.
8 Q: And at age 22 or 23 how were you employed?
9 A: Self-employed.
10 Q: Doing what?
11 A: I have a defense company called Frontline Defense
12 Systems.
13 Q: I'm sorry, called what?
14 A: Frontline Defense Systems.
15 Q: When did you form Frontline Defense Systems?
16 A: 2005.
17 Q: Okay.
18 A: No, no, no, no. We also have a holding company
19 called Frontline Defense Holdings that was formed in 2005.
20 I believe Frontline Defense was formed in 2002, 2003.
21 Q: Can you and I agree that, as the Commissioner
22 makes up his decision about this matter, that the real
23 issue here is going to be your credibility versus Mr.
24 Busch's? Would you agree with that?
25 A: Okay.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 70
1 Q: There was no one else there that night, correct?
2 A: Houston was in the bus.
3 Q: Yes ma'am, except your son; is that right?
4 A: Correct.
5 Q: And was your son nine or ten at the time?
6 A: Nine.
7 Q: Nine. And you mentioned to the Commissioner that
8 you've been involved in a divorce~ and now some custody
9 issues are going on; is that right?
10 A: Correct.
11 Q: And your former husband, who is the father of
12 your son, is named-what is his name?
13 A: Geoff Herman Storfer.
14 Q: Could you say that in a way that the reader would
15 know how to spell it? Could you spell it for us, please?
16 A: Geoff with a G, Herman Storfer, H-E-R-M-A-N S-T-
17 0-R-F-E-R.
18 Q: All right. At the time you met him how were you
19 employed?
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MS. MCNEICE: Objection, relevance.
THE COURT: Mr. Hardin, relevance of how the
witness was employed when she met her first husband?
MR. HARDIN: I think we're going to find-
what I hope to be able to show you is that her
credibility has a lot to do with the way she's
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 71
1 misrepresented things all her life.
2 MS. MCNEICE: I would suggest, Your Honor,
3 the incident that occurred on 9/26 is the crux of
4 this case, whether or not it occurred, and if it did
5 occur, the nature and extent of any contact.
6 MR. HARDIN: And I don't disagree with that.
7 I want to be able to just explore a couple of areas.
8 This won't take very long I promise.
9 THE COURT: I think the objection is
10 sustained. I don't think it's relevant how this
11 witness was employed prior to meeting her first
12 husband.
13 MR. HARDIN: Okay.
14 Q: How would you describe the four years of your
15 relationship with Mr. Busch?
16 A: Some of the best times of my life, and some of
17 the worst.
18 Q: I see. And on this particular time, I notice the
19 complaint that you filed, can you and I agree on certain
20 dates? I believe you've been testifying that this
21 occurred on September the 26th; is that correct?
22 A: Yes sir.
23 Q: And I believe you filed this motion on November
2 4 the 5th, can we-
25 A: Yes sir.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 72
1 Q: --we'll agree with that?
2 THE COURT: The Court will take notice of
3 that, it's in
4 MR. HARDIN: All right.
5 Q: And so, do you need to refer to it to know what
6 you said to the Court when you asked for it? Would it
7 help you to have a copy of it?
8 A: Yes please.
9 MR. HARDIN: Do you have an extra copy?
10 THE COURT: We can make one if we need to.
11 MR. HARDIN: Thank you. I've got one.
12 THE COURT: All right.
13 Q: Now, was this-how did-where did you do this and
14 how did you type this, how did you report this?
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Q: Okay. And was that done in your presence?
A: No.
THE COURT: Now ma'am, when you say your
attorney did, are you speaking of Ms. McNeice or some
other-
Q:
THE WITNESS: Ms. McNeice.
THE COURT: --attorney?
THE WITNESS: No, Ms. McNeice typed this up.
THE COURT: All right.
And when was this done and where was it done?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 73
A: I can't say where she was when she typed this up.
Q: But you were not with her?
A: I was not with her, we talked over the phone.
Q: All right. Did you dictate to her what happened?
A: Yes.
Q: According to you. And did you tell-I don't want
attorney-client communications, but what I do want to know
is, I notice it doesn't mention that you entered the home
without permission, does it?
A: Who said I didn't have permission? My key code
worked.
Q: Is it your contention that you had his permission
to be there that night?
A: Yes.
Q: I thought you believe-r thought you testified
earlier that as soon as you arrived he told you to leave?
A: He said ~who the fuck is here?"
Q: Yes, and then he asked you to get out of there,
didn't he?
A: No, he did not.
Q: Did you not testify to that a while ago?
A: I said during the conversation that he said that.
Q: All right. Was it his motor home?
A: Yes, it was.
Q: It wasn't your motor home, was it?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 74
A: No, but I've lived there for four years.
Q: It wasn't your motor home, was it?
A: No, it wasn't.
Q: And you knew you didn't have any right there,
right?
A: Yes.
Q: And so when he asked you to leave his home, his
motor home, did you do so?
A: I did, about ten minutes after.
Q: Did you do so when he asked you to?
A: I did so when he choked me and smashed my head
into the wall.
Q: Yes ma'am, I understand, I heard you. I asked
you, when he asked you to leave did you do so right away?
A: No, I did not leave right away. We continued to
have discussions.
Q: All right. And when you came in you didn't-when
you said you sent text messages you didn't let him know by
text you were coming, did you?
A: I don't have to. We've been together for four
years.
Q: Let me try again. You didn't tell him when you
were coming that you were coming, did you?
A: No.
Q: Actually, when you came in he was asleep, wasn't
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 75
he?
A: He answered when I opened the door.
Q: Yes ma'am, but he told you he was asleep and you
knew that. You came straight into his bedroom, didn't
you?
A: He didn't tell me he was asleep.
Q: You and your nine-year-old son came without him
knowing you were coming, did you not? And you came
straight into his bedroom?
A: Mr. Hardin-
Q: Is that true?
A: --I have been at this race track, at race tracks
with him for four years. Every single race. I always
come in Thursday or Friday, okay?
THE COURT: Ma'am, it's going to be helpful
if you answer the questions that Mr. Hardin asks of
you when he asks them of you. I'm sure you'll be
given an opportunity-
THE WITNESS: I have no reason-
THE COURT: --to explain your answers.
THE WITNESS: --to believe I was unwanted
there.
THE COURT: Ma'am, the other thing that you
need to do is make sure that you're not talking over
anybody, and especially that you're not talking over
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 76
1 me. Mr. Hardin, you may continue.
2 Q: The demeanor you're showing now is your normal
3 demeanor that you showed that night, isn't it?
4 A: No, it is not.
5 Q: Okay. When you came in and you-were you
6 concerned about him, is that the thing?
7 A: Yes, I was very concerned about him.
8 Q: And I believe you've testified you were very
9 afraid for him?
10 A: Yes.
11 Q: Explain to the Commissioner why you would take
12 your nine-year-old son into that kind of circumstance,
13 where according to you you were afraid he was going to
14 commit suicide or something?
15 A: He never threatened to commit suicide until I was
16 there.
17 Q: I see. So you weren't concerned about that
18 before you got there?
19 A: I was worried about him. He said he's laying on
20 the floor crying.
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Q: All right.
THE COURT: Okays. Ma'am, again, more to
the point of Mr. Hardin's question, what was the
reason why you took Houston with you?
THE WITNESS: Houston was in my care. It's
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 77
8:15 at night. I'm not going to leave a nine-year-
old kid at home.
THE COURT: Okay.
THE WITNESS: And I felt like the comfort
and love of his family is what he needed at the time.
THE COURT: Okay. So you took Houston with
you because you didn't have anybody to take care of
him right then?
THE WITNESS: Correct.
THE COURT: Okay.
Q: And were you concerned about taking him into a
situation like that?
A: No. I really believed that he just needed the
love and comfort of his family.
Q: When you say "he", you mean Mr. Busch?
A: Mr. Busch.
Q: All right. And how would you characterize Mr.
Busch's relationship with your son?
A: Very close.
Q: Houston care very much for him?
A: Yes.
Q: And did he appear to care very much for Houston?
A: Yes.
Q: And were they good together?
A: Very good.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 78
Q: .Was Mr. Busch very fond of Houston?
A: Yes, very much so.
Q: Was Houston very fond of Mr. Busch?
A: Yes.
Q: All right. When you took him-and you and I agree
the particular night in question the only people who were
present was you, Mr. Busch and your nine-year-old son?
A: Yes.
Q: When you arrived and you found out that he didn't
want you there, why didn't you leave?
A: He didn't immediately say he didn't want me
there.
Q: Did you recall testifying that he told you to get
out before the physical altercation you're describing ever
occurred?
A: Yes.
Q: All right. So would you agree with me that if
you had done what he asked you to do in his home, none of
this would have had an opportunity to happen, whatever it
was that happened?
A: So you're saying that he had a right to put his
hands on me to throw me out of the motor home?
Q: No rna' am.
A: That's what you're saying. What's wrong with
you? What is wrong with you? How do you sleep at night?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 79
THE COURT: Ma'am, the Court understands
that these proceedings are emotional for you. I
think we have to understand that-
THE WITNESS: [Interposing] I am not to
blame for him putting his hands on me.
THE COURT: Ma'am, when I'm speaking to you,
you need to make sure that you don't speak to anyone
else so long as I'm talking to you. Mr. Hardin is
doing his job. And it's necessary for you as a
witness to do your job, and that involves answering
the questions he asks of you honestly. You needn't
be concerned about the way in which those answers are
perceived, you need only answer those questions
honestly.
THE WITNESS: Yes sir.
THE COURT: And answer the question. Mr.
Hardin, you may continue.
MR. HARDIN: Thank you.
Q: Ms. Driscoll, when you came into his motor home,
was he in bed?
nude?
A: Yes.
Q: Did he customarily sleep in the nude?
A: Yes.
Q: Was he under the covers, but sleeping in the
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 80
A: Yes.
Q: So when you came into his bedroom did he sit up
to talk to you initially?
A: No, he stayed laying down.
Q: Covered up with a sheet?
A: Yes.
Q: Do you recall it was his idea to take Houston
into the front so he could watch TV?
A: No. I asked Houston to move to the front.
Q: Is it your testimony that didn't happen?
A: Yes sir. He did not say that, I did.
Q: Okay. So if he were to say that he told you you
all needed to talk as adults away from Houston, and if he
is to say that he took Houston then into the front, got
him set up with the TV-
A: [Interposing] He did not get out of bed, and he
did not take Houston to get him set up with the TV. That
did not happen.
Q: Okay. I wasn't quite through, but I think you're
answering my question. So is it your testimony that he
did not take him to the front and close the door? Is
there some type of door or something that-let me restate
the question.
Is there some type of door or barrier that if he
takes Houston up to where the TV was in the motor home,
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 81
Houston could be up there, away from the two of you
talking?
A: Correct. But he did not take Houston. He did
not get out of bed, and he did not take Houston to the
front of the motor horne, and the door was not closed to
the bedroom.
Q: All right. Was there a door blocking off Houston
from where he was sitting?
A: No.
Q: How far away would Houston have been from the two
of you as you talked?
A: I'm not sure the length of the motor horne.
Q: Okay. Can you do it by measuring looking in this
courtroom, comparing it to some distance?
A: The back of the courtroom to probably where I am
right now.
Q: All right. So if this-if we walk this off, 30'
or more-more than that. Whatever this distance is from
here, if we're looking at it visually, that would be a
pretty accurate rendition of how far away Houston was from
the two of you while you talked in the bedroom?
A: Approximately.
Q: It's a big motor home in other words?
A: It's a very long motor home.
Q: And is the bedroom toward the end, and the TV - -
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 82
?
A: Yes sir.
Q: Okay. By the way, in your complaint why didn't
you inform the Magistrate, if we review this, this
actually occurred with you and your son coming into his
place? Would you look at it and see, if you notice on
page 3-
A: I don't have page 3.
Q: Okay. You have it.
A: Okay.
Q: I think I gave you just page 3. Do you see that?
Do you have any idea why you and your lawyer did not
inform whoever was going to review this that this event
occurred by you going to his home uninvited with your
nine-year-old son?
A: I had no reason to believe that I was uninvited.
Q: Well, you knew by the time this was filed, did
you not, that there was media that we're aware of of the
event, had been writing about it, hadn't there?
it.
A: I had nothing to do with that.
Q: I'm not asking you if you had anything to do with
A: I had no idea there was media writing about this.
Q: You had no idea the media-
A: [Interposing] I mean, you're the only one who was
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 83
1 actually quoted in those stories.
2 Q: Excuse me-
3 A: I'm sorry, that's the truth.
4 Q: I haven't finished my question.
5 A: Okay.
6 Q: What is your testimony as to whether or not you
7 knew, at the time this complaint was filed on November the
8 5th, that there were articles and public comment about this
9 alleged incident? What is your testimony as to your
10 awareness?
11 A: I was not aware of it, because I signed this
12 statement in front of the police officer in the police
13 station.
14 Q: This was actually done at the same time you were
15 making a criminal complaint to the Dover Police, correct?
16 A: Yes sir.
17 Q: And so this-did you sign this in the presence of
18 the police officer, Det. Wood-
19 A: Yes sir.
20 Q: --that was investigating?
21 A: So that we understand, this occurred on September
22 26th, according to you, correct?
23
24
25
A: Yes.
Q: And you waited to November the 5th to report it
to the Dover Police, and to file this complaint, correct?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 84
1 A: Yes sir.
2 Q: And you filed this complaint and signed it in
3 front of the Dover Police at the same time you were making
4 an official criminal complaint for assault against Mr.
5 Busch, correct?
6 A: At the conclusion of my meeting with the
7 detective, yes.
8 Q: You're pointing, is it-
9 A: My attorney, Carolyn-
10 Q: I see, okay-
11 A: --said "Please look this over, I'm walking this
12 over to the civil side now."
13 Q: Okay. So you did both the same day?
14 A: Yes.
15 Q: All right. And can you explain why-you knew this
16 was going to be picked up by the media, it was a public
17 document, didn't you?
18 A: I did not know that this-I thought we were
19 protected as victims.
20 Q: I see. And so, weren't you aware that when this
21 is filed that that might get in the media, and it doesn't
22 say anything about how this incident occurred, or that you
23 were there with your nine-year-old son, does it?
24 A:
25 media.
I did not think this was going to get in the
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1 Q: Okay. And so-
2 A: I was not aware.that this was a public document.
3 Q: Okay. You knew that it would require a public
4 hearing, didn't you?
5 A: Eventually yes.
6 Q: And for that public hearing there would have been
7 no indication in here that you arrived in his place
8 uninvited with your nine-year-old son, right?
9 A: Again I'm going to state that I did not believe I
10 was uninvited.
11 Q: All right. Now, did you send him a text telling
12 him you were coming?
13 A: No.
14 Q: Did he send you a text asking you to come?
15 A: No.
16 Q: Did you all talk over the phone?
17 A: No.
18 Q: And so, did you have any indication from him that
19 he wanted you to come that night?
20 A: He's texting me back, so yes, instantly.
21 Q: He what?
22 A: He was immediately responding to me, so yes, I
23 felt like he wanted to talk.
24 Q:
25 A:
You can agree he never said so, did he?
He's talking to me via text.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 86
1 Q: Are you talking about your asking him what he was
2 doing?
3 A: I didn't ask him what he was doing.
4 Q: You didn't text him and ask him what he was
5 doing?
6 A: I said "How are you?" There's a big difference.
7 Q: Oh I'm sorry. All right. And he told you that
8 he was watching a particular movie; is that right?
9 A: Yup. You want to read it again? We can go
10 through it. He said "I'm crying on the floor, laying on
11 the floor, watching a movie."
12 Q: There's nothing about saying "Come to see me," is
13 there?
14 A: No, there is not.
15 Q: Now, when you arrived at 10:00 that night, you
16 mentioned some other people that you left and went over to
17 afterwards. And who were those people? I was trying to ...
18 A: Nick and Amy Terry.
19 Q: And Mr. and Mrs. Terry, are they there as a
20 trailer [phonetic]? They have a motor home there too?
21 A:
22 Q:
23 Busch's?
24 A:
25 corner.
Yes.
And how far away was that motor home from Mr.
It was at the end of the row, all the way in the
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 87
Q: Okay. Now, at the time after this occurred, you
described these different injuries and everything that
occurred, and we'll get to that probably after the lunch
break, before that happened you referred to something that
happened in New Hampshire was it?
A: Yes.
Q: It was after a race up there?
A: Yes.
Q: And you described what kind of injuries did he
supposedly give you on that occasion?
A: When he pulled the rear-view mirror out of the
windshield he pulled it down and it hit me on the leg.
Q: Did it appear to be on purpose?
A: No.
Q: So you didn't mean to suggest that he was
intentionally hurting you in New Hampshire, did you?
A: I never suggested that he did.
Q: Okay, I'm just asking, you didn't mean to suggest
that?
A: No.
Q: All right. So he was angry about how he had
driven, and the circumstances; is that a fair statement?
A: Yes sir.
Q: And so he reaches up, pulls off a mirror?
A: Yes.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 88
1 Q: And you're saying that because you were sitting
2 next to him somehow that hit your leg?
3 A: It did.
4 Q: All right. Any indication at all that he meant
5 to hit you with it?
6 A: I don't believe he did that on purpose.
7 Q: Okay. Now, the two of you were heading out, you
8 all were supposed to go away that weekend, weren't you?
9 A: During the week, yes sir.
10 Q: Pardon me?
11 A: During the week, yes sir.
12 Q: Well I mean, after the race-what day of the week
13 was that?
14 A: Sunday.
15 Q: Okay. So that week you were supposed to go
16 where, for several days in New England?
17 A: Yes.
18 Q: So the Commissioner understands, these racers,
19 Thursday, Friday, Saturday are usually their main days,
20 and sometimes Sunday, correct?
21 A: Most days Sunday.
22 Q: So this would have been, you all were going like
23 Monday, Tuesday, maybe Wednesday-
24 A:
25 Q:
Yes.
--drive through New England?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 89
1 A: Yes.
2 Q: It was to be a kind of a romantic time?
3 A: Yes.
4 Q: And you were looking forward to it?
5 A: Yes.
6 Q: And in the car he announces it's over, doesn't
7 he?
8 A: While he's ranting about he's firing everybody.
9 Q: Well, I was going to ask you that. You knew, of
10 course, this is an open hearing and the press was covering
11 it today, correct?
12 A: Yes.
13 Q: You made a great point, did you not, in your
14 answers to your lawyer, of saying a bunch of things that
15 he is supposed to have said about his teammates and other-
16 A: [Interposing] He did say those things.
17 Q: Excuse me, excuse me. That you know, as you sit
18 there, are going to be written by the media, right? Don't
19 you?
20 A: Sir, I answered the questions as they were asked.
21 Q: Just answer this first question ma'am. The fact
22 is, you sat here today, did you not, and used names and
23 critical comments you claim he made, abusive comments
24 about other people by name that you claim he made, and
25 none of those things have anything to do with whether he
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 90
1 assaulted you on the 26th, do they?
2 A: I was answering the question as it was asked of
3 me.
4 Q: None of those things-she never asked you what he
5 said about his teammates, did she?
6 A: She asked me to repeat the-
7 Q: She never asked-
8 A: --conversation.
9 Q: --you what he said about his teammates, did she?
10 A: This is what he said.
11 Q: She never asked you about what he said about his
12 teammates, did she?
13 A: She asked me what happened, and I said what
14 happened.
15 MR. HARDIN: Judge, - - of five, so I've put
16 it three times, asking the same question.
17 THE COURT: I understand the answer.
18 MR. HARDIN: Thank you.
19 Q: And in fact, you had a bunch of answer naming
20 people, Tony Stewart, his teammates, his driving team,
21 knowing as you said so that not only would it probably be
22 repeated by the press, but it would be extremely harmful
23 to him and his working relationship and his profession,
24 all conversations before this event ever happened that
25 you're claiming, correct?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 91
1 A: What I said he said he did.
2 Q: Do you recall my question, at the very beginning-
3 THE COURT: [Interposing] Ma'am, were you
4 aware that when you said these things on the witness
5 stand today that they would be reported by members of
6 the press?
7 THE WITNESS: I didn't realize that
8 everything was going to be reported by the press.
9 THE COURT: Okay.
10 THE WITNESS: I'm just answering the
11 questions honestly as I am being asked them.
12 THE COURT: Okay. Well, when you do answer
13 the questions though, you actually have to answer the
14 part that's asked of you, and Mr. Hardin was asking
15 whether or not when you gave your testimony today
16 that you knew that the things that you said would be
17 reported by the press? And it's only necessary that
18 you answer that question, and you have. Thank you.
19 Mr. Hardin.
20 MR. HARDIN: Thank you.
21 Q: Didn't you-remember the Commissioner asked you a
22 question early on about when you talked about lining up
23 the Today Show interview or NBC show, I believe you said,
24 did you not, that you primarily handled the publicity for
25 his campaign, for his profession, not his campaign?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 92
1 A: Yes sir.
2 Q: And it's your position-you've told others haven't
3 you that you made his career these last four years?
4 A: As I already answered that question to you sir, I
5 did say I made him. I said I helped improve his image and
6 brand.
7 Q: Yes ma'am. But you actually told others, have
8 you not, that you feel that you should be compensated for
9 that, now that it's over?
10 MS. MCNEICE: Objection, relevance.
11 THE COURT: Goes to motive, objection is
12 overruled.
13 Q: Isn't that true?
14 A: I did not say that I should be compensated for
15 all the work, that it's over. Kurt and I always discussed
16 compensation for the work that I did while working for
17 him.
18 Q: Yes. And is it your position that he owes you
19 money for that?
20 A: Yes sir.
21 Q: I see. Are you asking the Commissioner to enter
22 any kind of finding about that?
23
24
25
A: No sir.
Q: Okay. Well, isn't it true that if somebody-or
don't you think that if somebody's managing the publicity
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 93
and the public image of a race car driver that they're
going to need to be pretty savvy about the media?
A: Yes.
Q: And you know a woman named Jenna Fryer don't you?
A: Yes.
Q: And she covers NASCAR, does she not?
A: Yes.
Q: She covers it for the AP, correct?
A: Yes.
Q: Now, did you forget about her when you swore to
the Commissioner that you didn't talk to the media about
this?
A: I did not make any statements on the record to
the media about this.
Q: Well, the media-
A: [Interposing] You know what? I can have some
friends in the media too that you can talk to as friends,
not anything that's on the record. And when I some things
on the record, and you're right about being media savvy,
you say things are on the record when they're on the
record, to be printed in a story. And when you say "I'm
talking to you as a friend and nothing I'm saying to you
is on the record," I have a right to talk to a friend, and
they have to respect that relationship.
THE COURT: Are you asserting ma'am that you
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1 spoke to Ms. Fryer as a friend?
2 THE WITNESS: Yes sir.
3 THE COURT: Even though she's a member of
4 the media?
5 THE WITNESS: Yes sir.
6 THE COURT: All right. Mr. Hardin?
7 Q: And are you saying that you spoke to her as a
8 friend, knowing that she was also interviewing NASCAR
9 people, and talking to Mr. Busch, and trying to intercede
10 on the two of you's behalf?
11 A: Ms. Fryer said that the person handling all of
12 this ,stuff for the Associated Press is somebody here in
13 Delaware, and she is not handling anything to do with
14 this.
15 Q: And Ms. Fryer was actually going back between the
16 two of you before this story broke the day you filed your
17 complaint, right?
18 A: I did not talk to Ms. Fryer.
19 Q: Do you remember when the Dover Police finally had
20 to make a public statement to satisfy the public inquiry
21 that they were investigating? Do you remember when that
22 happened?
23 A: Yes.
24 Q: All right. And do you remember having
25 conversations with Jenna Fryer that morning and that
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1 night, telling her that they were going to make a public
2 statement?
3 A: No, I did not.
4 Q: Okay. Is it a fair statement that you have
5 discussed this with Jenna Fryer, an AP reporter, your side
6 of what happened, an AP reported, during the time this has
7 all been pending?
8 A: She and I have had discussions about certain
9 parts of this matter as friends.
10 Q: So therefore is it your testimony that you have
11 talked to her?
12 A: As friends, and nothing on the record.
13 Q: All right. I'm going to ask you a list of people
14 for you to-that I might have some questions for you with.
15 I want to see if you can tell me who these people are as I
16 go through them, if you would please. Erica Anderson
17 [phonetic], who is that? Do you know?
18 THE COURT: If you don't know--
19 A:
20
21 A:
22
23 Q:
24 A:
25 Q:
No, I-
THE COURT: --the person ma'am-
--I don't.
THE COURT: --you don't need to ...
You don't know her?
I mean, the name sounds familiar.
Okay, but you're not sure who it is?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 96
1 A: No.
2 Q: Okay. Matthew Ballard.
3 A: He is my employee.
4 Q: And what is his position?
5 A: He is a communications director for the Armed
6 Forces Foundation.
7 Q: And how long has he been the communications
8 director?
9 A: Almost two years.
10 Q: Did you send him any emails or pictures yourself
11 the next day, the 27th?
12 A: Yes sir.
13 Q: Were the pictures you sent the pictures she's
14 shown you that have been introduced into evidence?
15 A: Yes sir.
16 Q: These are the pictures you took yourself?
17 A: Yes sir.
18 Q: Do you recall what you told him in that email?
19 MS. MCNEICE: Objection, calls for hearsay.
20 THE COURT: Well, it's supposedly the email
21 that was sent by the witness, so it's not hearsay.
22 MS. MCNEICE: I apologize.
23 Q: Do you recall what you told him?
24 A: That I can't go to-that Kurt hurt me and I can't
25 go to Dover.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 97
Q: So that's what you told him?
A: Yes sir.
Q: All right. Did you-
A: [Interposing] I had also tried to get a hold of
him that night.
Q: Did you also ask him to lie to the police and
tell them that he saw you that day personally?
A: No.
Q: Is it your testimony under oath that you never
asked Matthew Ballard to tell the police that he saw you
the Monday after this event of the 26th, and tell the
police that he saw you then and saw your injuries?
A: He never-I never asked him to do that. He never
saw me on the 2 oth_the Monday after, because I was not in
the office. I did not see him until Tuesday.
Q: Is it actually maybe seven to ten days after the
26th before you ever personally saw him?
A: Nope.
Q: Now, do you remember who Ross Blankenship
[phonetic] is?
A: That name sounds familiar.
Q: Do you remember him as a former employee of the
foundation? Maybe the CFO?
A: Ross Blanken-a CFO? No, we do not have a CFO of
the foundation.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 98
1 Q: Okay. Do you recall who he is at all?
2 A: Maybe he was an intern at our foundation.
3 Q: How about Luke Barrett [phonetic] and his wife
4 Charisse [phonetic]?
5 A: They're owners of - - .
6 Q: All right. You actually knew them before you
7 knew Mr. Busch; is that correct?
8 A: Yes sir.
9 Q: You've known them eight or ten years?
10 A: No.
11 Q: Have you talked to them about this incident?
12 A: No.
13 Q: Never?
14 A: No.
15 Q: Chrissy [phonetic] Cloutier-how do you pronounce
16 her last name?
17 A:
18 Q:
19 A:
20 Q:
21 A:
22 Q:
23 A:
24 Q:
25 A:
Cloutier.
Cloutier, and C-L-0-U-T-I-E-R?
Yes.
And who is she?
She's Kurt's assistant.
Okay. Michael Domcheff?
Yes.
Did I pronounce it correctly?
Close enough, Domcheff.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 99
1 Q: And who is Michael Domcheff?
2 A: He is the motor home driver.
3 Q: Okay. And motor home-he drives the motor home
4 for Mr. Busch?
5 A: Yes sir.
6 Q: Would he have been somebody you would have seen
7 the week before this incident that you're describing?
8 A: Yes sir.
9 Q: Okay. And then Herman-Geoff Herman Storfer?
10 A: My ex-husband.
11 Q: And then a Janet Parker?
12 A: The fishing lady.
13 Q: Fine. And who is Richard Sniffen [phonetic]?
14 A: Who?
15 Q: Richard Sniffer?
16 A: I don't know, Richard-
17 Q: Do I pronounce it wrongly?
18 A: I don't know a Richard Sniffen.
19 Q: Maybe I have spelled it wrong. I'll check on it.
20 [Background conversation]
21 MR. HARDIN: Hold on just a second. That's
22 my fault, I got the name wrong.
23 Q: What was the name that you used that consults
24 with you sometimes?
25 A: Richard Andrew.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 100
1 Q: And how do you-
2 A: Andrew.
3 Q: That's how you know him?
4 A: Yes sir.
5 Q: Okay. You've never known him under the name of
6 Sniffen?
7 A: No.
8 Q: Richard Andrews [phonetic] .
9 A: Yes.
10 Q: Whenever we talked about it it's Mr. Sniffen.
11 A: Okay.
12 Q: And you said that you talked to him?
13 A: Yes sir.
14 Q: And when did you talk to him?
15 A: I talked to him on the phone after the incident
16 happened.
17 Q: After this incident happened; is that right?
18 A: Yes sir.
19 Q: All right. Now, what kind of-I mean, how would
20 you describe your relationship with him?
21 A: He's been a spiritual counselor for both Kurt and
22 I, you know, and he's a guy who came and works with our
23 church at the NASCAR tracks, and somebody that Kurt really
24 took to. We really love his music. He's become a good
25 friend of ours.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 101
1 Q: All right. Would you consider him a good friend
2 of yours?
3 A: Yes.
4 Q: So is he a friend of both of you?
5 A: I believe so, yes.
6 Q: Okay. By the way, while we're talking about
7 this, do you contend that Mr. Busch, in those four years,
8 ever on any other occasion physically assaulted you?
9 A: Yes sir.
10 Q: What?
11 A: Yes sir.
12 Q: You do? And whom have you told that to?
13 A: My attorneys.
14 Q: Anybody other than your attorney?
15 A: One of my staff members.
16 Q: Pardon me?
17 A: One of my staff members.
18 Q: And which staff member is that?
19 A: Wendy O'Neill [phonetic].
20 Q: I'm sorry?
21 A: Wendy O'Neill.
22 Q: And when do you contend this other-is it more
23 than one occasion according to you ma'am?
24 A:
25 Q:
No sir.
And when was this other occasion?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 102
1 A: A couple of years ago.
2 Q: Really? Well now, were you receiving counseling
3 by Mr. Anderson [phonetic] at that time?
4 A: Andrews.
5 Q: Andrews, excuse me. Were you?
6 A: Not sure exactly the timing of his counseling.
7 But that sounds about right.
8 [Background conversation]
9 A: And I'm sorry, my neighbor also knew.
10 Q: I see. I'm curious, why didn't you ever tell Mr.
11 Andrews that?
12 A: He might have known too.
13 Q: Pardon me?
14 A: He might have known too.
15 Q: Well, if he said you've never ever indicated that
16 would that be right or wrong?
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A: I think I must have told Richard Andrew.
THE COURT: Ma'am, you don't need to
speculate about answers. If you do know, that's
fine. If you don't know whether you told him, that's
fine too.
THE WITNESS: I think I did. I'm not
positive sir.
Q:
THE COURT: All right.
All right. After you talked to Mr. Andrews did
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 103
you have conversations with him after-have you had
conversations with him after the 26th? Did you call him
and tell him this on the phone on the 26th or the 27th? Was
he one that you called that night?
A: Yes sir.
Q: Pardon me?
A: Yes sir, on-I called him on my drive home.
Q: All right. So if we were trying to plot people
you talked to that night, you talked to Mr. Terry and his
wife; is that right?
A: Yes sir.
Q: And you would have called Mr. Andrews on the way
home?
A: Yes sir.
Q: And you would have sent these pictures the next
day to Mr. Ballard, one of your employees?
A: In the morning, yes.
Q: All right. And so, when you called and talked to
Mr. Andrews, after that have you talked to him on repeated
occasions?
A: Yes sir.
Q: And how many times would you estimate you've
talked to Mr. Andrews about all of this since then?
A: I don't know.
Q: Do you consider him an honest man?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 104
A: Pretty honest man.
Q: Pardon me?
A: Yes sir, pretty honest man.
Q: All right. Did you ever call him on multiple
occasions and tell him your intention was to take Kurt
down?
A: No.
Q: Did you ever tell him your intention was to
destroy Kurt's career?
A: No. Richard and I-
Q: [Interposing] Have you used-have you ever used
literally the word with him "Destroy Kurt's career"?
A: No.
Q: Did you ever tell him that you believed you had
completely changed and remolded Kurt's reputation?
A: I believe I have told him, as I told you, I do
feel that I have done a great job of fixing his image and
brand.
Q: I see. Would you agree you've taken care of that
now, right?
THE COURT: I'm sorry Mr. Hardin, you have
to make your question a little more clear. I didn't·
understand that one.
on.
MR. HARDIN: That's fine Judge, I'll move
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 105
1 THE COURT: Okay.
2 Q: She feels when they're-did you ever say that when
3 the relationship started Kurt had a bad boy reputation and
4 you came in and completely remade him singlehandedly?
5 A: I do remember an article saying that about me.
6 Q:
7 A: I did not say that singlehandedly comment, that's
8 in an article.
9 Q: I'm asking you if you said that to Mr. Andrews?
10 A: I don't recall saying that to Mr. Andrews.
11 Q: I don't recall mean you didn't or you just don't
12 remember?
13 A: No, I don't-I don't believe I would have said
14 that.
15 Q: So is your testimony you did not say it?
16 A: I did not say that, no.
17 Q: Ma'am, I'm just asking if you said it. Did you?
18 A: I just said no.
19 Q: Okay. Have you ever said that you and you alone
20 were responsible for changing Kurt's reputation from a bad
21 guy to a respected guy?
22 A: Again, I'm going to repeat the same answer I keep
23 telling you. I have said I have greatly improved his
24 image from a really bad boy, since 2011.
25 Q: Did you tell him that ~Kurt is just not going to
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 106
1 walk away from me like that"?
2 A: No.
3 THE COURT: And we're still talking about
4 Mr. Andrew?
5 MR. HARDIN: Yes, yes, we are.
6 THE COURT: Okay.
7 MR. HARDIN: Thank you.
8 Q: Did you tell him you've made sacrifices with your
9 career and your non-profit on behalf of Kurt?
10 A: Yes.
11 Q: Did you tell him that Kurt had bought you a car
12 for $90,000, and if he thinks he can just walk away by
13 just giving her a $90,000 car, that's just not going to
14 happen; did you tell him that?
15 A: No.
16 Q: Did you ever say, quote, ~I'm going to get
17 reimbursed for everything that I ever did for his career
18 as a PR person"? Did you ever tell him that?
19 A: To Richard?
20 Q: Yes.
21 A: No.
22 Q Did you tell him, quote, ~I will destroy him,
23 which speaks beyond getting compensated, now it speaks to,
24 in addition to myself getting compensated, I'm going to
25 destroy his career"?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 107
1 A: No.
2 Q: Okay. Now, did you go to officials at NASCAR
3 after this incident to give them your spin and people you
4 wanted them to talk to?
5 A: Two senior guys from NASCAR sit on my Board at
6 the Armed Forces Foundation. A few days prior to me going
7 to report to the police, I have an obligation to notify my
8 Board if something could potentially harm the reputation
9 of the foundation, or the foundation is about to come into
10 some bad news. I informed my Board, and I went to the
11 police. NASCAR in turn sent somebody that was not a Board
12 member and said this is now the guy who will be
13 investigating on behalf of NASCAR the situation.
14 Q: When did you do all that?
15 A: The Monday before I went to the police.
16 Q: Well, you went to the police on November the 5th.
17 Do you recall what day of the month that was, or week
18 rather?
19 A: Then it would have been November 3rct.
20 Q: All right. And so, you told the Board then?
21 A: Yes sir.
22 Q: And you think they then told somebody else at the
23 NASCAR? Is that right?
24 A: Yes.
25 Q: And so, who is Mr. John Bobo, B-0-B-0?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 108
1 A: He is the person that NASCAR has designated to
2 investigate this.
3 Q: Is he with the general counsel-is he the general
4 counsel at NASCAR?
5 A: I was directed by my Board members that this is
6 the person designated by-I don't know his official title
7 and position.
8 Q: So let me see if I understand. Two or three days
9 before you filed this complaint that we're hearing now,
10 and you go to the police alleging a criminal assault, you
11 tell in a forum that you know that will make NASCAR know
12 what your allegations are, and that you're going to the
13 police, correct?
14 A: Yes sir.
15 Q: And then Mr. Bobo contacts you, doesn't he?
16 A: Yes sir.
17 Q: And he asks for names of witnesses?
18 A: Yes sir.
19 Q: And because they're going to, understandably, as
20 an organization look into it, right?
21 A: Yes sir.
22 Q: And you knew-how long had you been working with
23 NASCAR?
24 A:
25 Q:
Six years.
Pardon me?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 109
1 A: Six years.
2 Q: Six years. Before Mr. Busch?
3 A: Yes sir.
4 Q: And are you all a sponsor for NASCAR or anybody?
5 A: No.
6 Q: What is your foundation's relationship with
7 NASCAR?
8 A: NASCAR sponsors us.
9 Q: Okay. And NASCAR gives you all money?
10 A: The founda-NASCAR Foundation gives us money.
11 Q: All right. And you're pretty-would you say
12 you're pretty familiar with NASCAR?
13 A: It's a complex organization. As familiar as
14 someone could be, I guess.
15 Q: Well, but I think you said by the time you all's
16 relationship began-once it began you were at every one of
17 his races, correct?
18 A: Yes.
19 Q: Would you agree that you're very well plugged in,
20 as it may be, with NASCAR?
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A: Okay.
Q: No, I'm asking if you would agree?
THE COURT: I guess you may need to
elaborate-
A: Yeah, what do you mean by "plugged in"?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 110
THE COURT: --on "very well plugged in"
means.
MR. HARDIN: Sure.
Q: Would you say that you're well connected to
people in positions of responsibility in NASCAR?
A: Yes. I said two of them sit on my Board.
Q: And as somebody that you say made him publicly
the last four years of his career, and rehabilitated his
image, would you say that you're familiar, much more than
the average person, of how NASCAR might react to an
allegation such as you're making here? Would you agree
with me?
A: Yes sir, just like any of the other professional
sports.
Q: Pardon me?
A: Yes sir, just like any of the other professional
sports.
Q: Okay. Are you aware Jenna Fryer tells Mr. Busch
if he didn't get this patched up with you before the
announcement happened, once the Ray Rice incident happens
it's all over, right?
MS. MCNEICE: Objection, this calls for-
THE COURT: Well, it's a question whether
the witness-
A: I am not aware of any conversation-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 111
THE COURT: --is aware of that conversation.
A: --taking place.
THE COURT: And the witness has answered.
MR. HARDIN: That's the only question, thank
you.
Q: Now, you knew when you informed NASCAR and you
gave the general counsel names of people to talk to-
A: Yes sir.
Q: --you knew what NASCAR's position was, right?
A: I gave them-I gave-go ahead.
Q: You knew the impact that was going to potentially
have on his career, didn't you?
THE COURT: You can answer the question
ma'am. It's-
A: Yes sir, potentially.
Q: And when it happened, this incident, the way you
described, whatever happened that night, you and I can
both agree that you're each going to agree that you were
in his home that night, correct?
A: Yes sir.
Q: On the 26th. And then why didn't you go to the
police immediately?
A: Because I'm involved in a legal custody battle
for my son.
Q: Well, I'm trying to under-I saw that your lawyer
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 112
1 said that publicly in response to the press. I'm curious,
2 what does that mean? What would your custody-I'm going to
3 start from the beginning.
4 Your custody trial is scheduled for February of next
5 year, correct?
6 A: Yes sir.
7 Q: Or whatever the dispute is now.
8 A: Right.
9 Q: But there were no hearings scheduled and
10 proceedings going on-
11 A: Incorrect.
12 Q: --at that time? When were they? When were they
13 scheduled?
14 A: We had motions for dismissal already in to the
15 Court. There was motions out for discovery. There was
16 all kinds of action going on. A list of potential
17 witnesses for deposition going between both sides. There
18 was a lot of activity going on.
19 Q: I see. And so your testimony is that because of
20 that you didn't want to go to anyone officially and tell
21 them what you claimed Mr. Busch did?
22 A: Yes sir. I was not going to do anything until I
23 spoke to my custody attorney first.
24
25
Q: Is he just really, really busy? Who's your
custody attorney?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 113
1 A: Rob Erbman [phonetic] . He was on vacation for a
2 week and a half at that point.
3 Q: Yes ma'am. We're talking about the timeframe,
4 are we not, from September 26th to November the 5th,
5 correct?
6 A: Yes sir.
7 Q: Now, when was he on vacation?
8 A: He left for vacation that weekend.
9 Q: The weekend of the 26th?
10 A: Yes sir.
11 Q: And so he would have returned, what, the first
12 week in October?
13 A: Sometime, yeah.
14 Q: Isn't it true ma'am that that week from that
15 Sunday, the 21st, to Friday the 26th, you were still hoping
16 to get back with Mr. Busch?
17 A: My emotions were all over the place.
18 Q: Is it your testimony you were not hoping to get
19 back together?
20 A: Depending on what hour of the day it was.
21 Q: I see. And then in that week, that Sunday, he
22 got out of the car at the Boston Airport, didn't he?
23 A:
24 Q:
25 A:
Yes.
And he was driving, wasn't he?
Yes sir.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 114
Q: And he announced to you it was over, didn't he-
A: He's--
Q: --on the 21st?
A: He's said that a million times.
Q: Pardon me?
A: He says that a million times.
Q: Then the answer is yes, correct?
A: Yes, sir.
Q: All right. And you told him to stop the car,
didn't you?
A: Yes.
Q: And he stopped the car, didn't he?
A: Eventually.
Q: Well, he stopped the car, actually, right there
at the airport, didn't he?
A: Right in front of a rental car agency.
Q: He got out of the car, went back to the back,
didn't he?
A: I don't have a rear-view mirror, I couldn't see
him. He got out of the car and I put the car in drive and
left.
Q: And you knew his baggage and everything was in
the back seat, right?
A: I was not thinking about his bags.
Q: I understand. You drove off mad, and left him
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 115
1 standing there without his bags and everything, right?
2 That's the truth, isn't it?
3 A: Yes sir.
4 Q: All right. Because you talked later to your
5 lawyer about getting his bags back to him in a couple of
6 days later, right?
7 A: I did not talk to my attorney about getting his
8 bags back. I talked to his assistant.
9 Q: I thought you said that in your testimony.
10 A: No, I said I spoke to his assistant.
11 Q: I see.
12 A: And I gave my bags to my people to give to him on
13 Thursday morning.
14 Q: Ma'am, this is what happens when you and I don't
15 let each other finish.
16 A: Okay.
17 Q: I apologize I was talking about you told
18 your attorney a while ago, in your testimony today, that
19 you got his bags back to him a couple days later?
20 A: Yes sir.
21 Q: All right. Now, you knew, as of the 21st' that
22 as far as Kurt Busch was concerned it was over-
23 A: No.
24 Q: --he told you that, right? Well, we would agree
25 he told you that?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 116
A: He said it.
Q: Pardon me?
A: Yes, he said that.
Q: Okay. Now-
MR. HARDIN: Your Honor, it's going to~with
your tolerance, it's going to be a while longer. If
you want to break for lunch.
THE COURT: Counsels?
MS. MCNEICE: I do need to make a phone call
if I might, Your Honor, and-
THE COURT: Well, obviously if the parties
want to break for lunch, I'm good with that. If you
want to work through, I'll work through. Ms.
Driscoll-
THE WITNESS: I'm fine.
THE COURT: Okay. Do you want to take a
brief recess so you can make your phone call?
MS. MCNEICE: Yes, if I may.
THE COURT: And again Mr. Hardin, if you all
need to get lunch or something you let me know, and
we'll take a break. I'm good to go with whatever the
parties want.
MR. HARDIN: Is there-if we did take a break
is there someplace close by that could be done real
quickly?
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THE COURT: Where you could get lunch real
quickly? There's tons of places just down at the end
of the road.
MR. HARDIN: Well, I didn't know whether you
want us to do it-excuse me, go ahead.
THE COURT: Yeah, there's tons of places
just down the end of the road where you can get some
lunch real quickly if you want.
[Background conversation]
MR. HARDIN: I think we'll just go ahead, if
that's okay, so we could take the break for her to
make her call?
THE COURT: Sure, will do. All right.
MS. MCNEICE: Thank you.
THE CLERK: All rise.
[OFF THE RECORD]
[ON THE RECORD]
THE COURT: Are we back on the record?
THE CLERK: Yes, we are.
THE COURT: Sorry about that. I can see the
numbers when we're in my courtroom. I can't see the
numbers here because they're way down there. All
right, Mr. Hardin, you may continue.
Q:
MR. HARDIN: Thank you.
Ms. Driscoll, before today have you seen Mr.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 118
1 Busch since September the 26th of this year?
2 A: No sir.
3 Q: Has Mr. Busch made any attempt to contact you or
4 come to you?
5 A: Through other people.
6 Q: Has Mr. Busch himself-can you give us any example
7 of Mr. Busch trying to see you?
8 A: He's just texted me.
9 Q: Can you give us any example, any evidence, that
10 Mr. Busch has made any attempt to personally see you?
11 A: Not directly.
12 Q: What does "not directly" mean ma'am?
13 A: As in, he did not call me saying "Can I see you?"
14 He did send a text message saying "Can we talk."
15 Q: Well-
16 A: But he has talked to other people saying that
17 he's wanted to see me.
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THE COURT: [Interposing] You mean other
people have come to you and told you that he talked
to them?
THE WITNESS: Yes sir.
THE COURT: All right. Thank you. I'm
sorry Mr. Hardin for interrupting.
MR. HARDIN: No, thank you. I really am
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 119
1 back to the same thing.
2 Q: Would you agree with me that you cannot give this
3 Commissioner a single time since September the 26th that
4 Kurt Busch has tried to physically see you?
5 A: He has not reached out to my directly to attempt
6 to see me.
7 Q: Right, okay. I guess-you know you're asking for
8 a protective order. Are you saying you're afraid of him?
9 A: Yes sir.
10 Q: Are you really saying that, in light of the fact
11 that he's made no attempt to see you or do anything
12 towards you since September 26th?
13 A: He has contacted my family members. He's
14 contacted my staff. You have, your attorneys have.
15 You've threatened them, you've tried to bribe them.
16 There's a lot that you guys have tried to do to try to
17 make people scare me. I mean, it's been nonstop with you
18 guys. Why are you doing this?
19 THE COURT: Ma'am, you just need to answer
20 the questions that are asked of you. If you need
21 some time to compose yourself you may. You can't ask
22 questions of counsel.
23 Q: If we go through emails in October of this year,
24 before you ever filed this complaint, before you filed the
25 complaint with the police and before you asked for this
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 120
protective order, are we going to see any text messages in
which Mr. Busch is trying to see you?
A: To see me? No sir.
Q: Have you seen, heard, or have any basis or reason
to believe that he has physically been anywhere near you
any time since September the 26th of this year?
A: Yes sir. He has been at-in Las Vegas, we were
both there the first week of December, at events we both
had, work related.
Q: He was there doing his job, right?
A: And I was there doing mine.
Q: Well, did he have any-make any attempt to see you
in Las Vegas?
A: No sir. You asked if he was anywhere near me. I
said yes sir, he was.
THE COURT: She's right, that was the
question Mr. Hardin.
MR. HARDIN: All right.
Q: Did he make any attempt to see you personally-
A: No sir.
Q: --in Las Vegas?
A: No sir.
Q: Did you see him in Las Vegas?
A: I did not.
Q: To your knowledge, did he see you?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 121
1 A: Not to my knowledge.
2 Q: So let's try again. Is there any-do you have any
3 evidence at all that Mr. Busch has physically tried to be
4 around you or see you since September the 26th of this
5 year?
6 A: No sir.
7 Q: All right. So can we agree for the Commissioner
8 that this protective order that you are asking for hasn't
9 been necessary since September the 26th, has it?
10 A: Sir, I don't know what he's capable of doing.
11 Q: Well, I'm only asking you for what the
12 indication-
13 A: [Interposing] The reason I asked for the
14 protective order-
15 Q: [Interposing] I didn't finish my question, but go
16 ahead, say what you want to say.
17 A: The reason I asked for the protective order is
18 because I don't know what he's capable of, sir. I don't
19 know what he's going to do.
20 Q: Yes ma'am. Well, when we go back to September
21 the 21st, had he told you that it was over?
22 A: Yes sir.
23 Q: Did he make any attempt to see you between
2 4 September the 21st and September the 26th?
25 A: No sir.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 122
Q: So can you and I agree that for five days after
he told you it was over, and you went off in your car and
left him at the-standing out in the street at the Boston
Airport, is there any indication that from that moment
forward he has made any attempt to ever be around you?
A: No sir.
Q: All right. So, isn't it true that you took that
rental car, which was in his name, wasn't it?
A: Yes sir.
Q: And you didn't turn it in right away, did you?
A: No sir.
Q: You kept it, and actually you wrecked it, didn't
you?
A: I did not.
Q: Did you do the damage to the front they sent him
a notice for?
A: There is no damage to the front.
Q: When you turned it in to Hertz, if Hertz were to
say that you finally returned the car, it had been damaged
in the front end, would·they be wrong?
A: The damage that was done was by him wrecking the
windshield and pulling the rear-view mirror out of the
car, and he ripped the emergency trunk handle out of the
trunk.
Q: I see. And you don't have any explanation for-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 123
1 A: [Interposing] I did do those-
2 Q: You have to let me finish, please.
3 Do you have any explanation for the damaged front end
4 they want him to pay for?
5 MS. MCNEICE: My client indicated she knows-
6 has no information-
7 A: No.
8 MS. MCNEICE: --about the damaged front end.
9 MR. HARDIN: Thank you.
10 MS. MCNEICE: The question has been asked
11 and answered.
12 THE COURT: Thank you for the objection. I
13 have heard now the answer, and will consider the
14 question answered.
15 MR. HARDIN: Thank you.
16 Q: Now, after you kept that car do you recall when
17 you turned it in?
18 A: My staffer, Matt Ballard, turned it in.
19 Q: Pardon me?
20 A: My staff, Matt Ballard, turned it in on Thursday.
21 Q: Okay. Now, when you went on did you contact him-
22 -on the 26th I believe you introduced some texts. Had you
23 been contacting him very often between September the 21st
2 4 and September the 26th?
25 A: No.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 124
Q: Had you attempted to see him between the 21st and
A: No sir.
Q: Do you recall calling his mother repeatedly on
A: Yes sir.
Q: How many times would you estimate you called his
mother in North Carolina, the day before this incident
ever occurred? How many times?
A: In our dating history?
Q: No, on that day.
THE COURT: No, just between the 21st_
Q: Just that day.
THE COURT: --and the 26th.
A: I'm sorry-
MS. MCNEICE: The question was-which day are
we talking about?
MR. HARDIN: 25th.
THE COURT: 25th.
Q: Yes.
A: Is that a Wednesday?
THE COURT: September the 20-
Q: September. The day before this is all supposed
to have happened.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 125
1 A:
2 THE COURT: September the 25th is a
3 Thursday.
4 A: Thursday? I don't recall calling her.
5 Q: Did you email her?
6 A: I don't believe so.
7 Q: Did you email her and tell her you were concerned
8 about Kurt?
9 A: I talked to her on Tuesday of that week.
10 Q: How many times?
11 A: I was in a place with bad signal, and my phone
12 kept dropping.
13 Q: What does that mean?
14 A: Well, I call her, I had one bar, and when you
15 start to talk and it would drop, and I'd have to call her
16 back, or she'd call me back.
17 Q: That's all you remember doing?
18 A: Yes sir.
19 Q: Okay.
20 A: I mean, I'd have to go get my phone to go look
21 through to give you an absolute correct answer.
22 Q: Well, hold on just a second, let's see if I can
23 help you. As of the 25th, before you went to his place,
24 did you still want to get back together?
25 A: Yes sir.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 126
1 Q: Okay. And was that still your goal when you went
2 there that night on the 26~?
3 A: Yes sir. As I've explained before, we've had
4 lots of these kinds of fights, and we get back together,
5 we always do.
6 Q: All right. And so it was your plan when you went
7 there that night to get back together?
8 A: It was to talk it out sir.
9 Q: All right. And I'm going to, if I could, on
10 Exhibit 8-
11 [Background conversation]
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we referring to? I'm sorry, which exhibit?
MR. HARDIN: 8.
THE CLERK: We don't have it, we're only on
7.
THE COURT: We're only on 7. Did you want
the last-
MR. HARDIN: I was actually going to be
doing ours. Should I say Respondent 8? Should I
make it R-8-
THE CLERK: Well, it's-
THE COURT: That would be R-1 sir.
THE CLERK: R-1.
THE COURT: Respondent's 1.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 127
1 MR. HARDIN: Okay.
2 THE COURT: Ms. McNeice, do you have any
3 objection to this document being admitted?
.4 MS. MCNEICE: I don't know who it is, I
5 don't know who this phone number belongs to.
6 MR. HARDIN: Let me see if I can clear it up
7 with her.
8 THE COURT: All right, that's fine. Then I
9 won't look it until you all have admitted it.
10 Q: Would you look at this and see if this reflects
11 text messages that you had with his-with Kurt Busch's
12 mother? Do you recognize the number?
13 A: This says message received 11/10. I did not text
14 her then.
15 Q: That's how it's forwarded to us. If you would
16 look at the date that the body talks about.
17 A: Yes sir.
18 Q: So I want you to look at it, see if this
19 refreshes your-are these the exchanges you had with Kurt's
20 mother?
21 A: Where's her responses back to me?
22 Q: Yes, does it reflect those responses back to you?
23 THE COURT: Do you recollect the text
24 conversation that is contained in that document?
25 THE WITNESS: The conversations missing here
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 128
1 of her responses back to me.
2 THE COURT: Okay.
3 Q: Ma'am, there's a whole lot of conversations
4 missing that you all-
5 A: [Interposing] Well, why are you-
6 Q: Excuse me. I'm just simply asking you if you
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THE COURT: Ma'am, you just need to answer
the questions, and you'll be given an opportunity to
explain. Is that your side of a conversation that
you had with Mr. Busch's mother over text?
THE WITNESS: Yes sir.
MR. HARDIN: All right. Then I would move
to introduce it as Respondent 1.
THE COURT: All right, Ms. McNeice?
MS. MCNEICE: I have no objection.
THE COURT: All right, that will be admitted
as Respondent's 1.
[Whereupon Respondent's Exhibit 1 was
admitted into evidence.]
THE COURT: Ma'am, you'll be given an
opportunity to discuss what is missing and things of
that nature, but you just need to answer the
questions that are asked of you.
Q: Now, if you looked at these, see if this is
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 129
refreshing, do you recall texting her on 9/23-and it would
help you here if you would look, I'll represent to you
these are texts forwarded to us, that's why you saw that
date up there, the 11/10/20 [phonetic] . If you look at
and see, all of them are forwarded to us at that date.
Are you with me?
A: I don't believe that I text ...
Q: Well, let me read it out loud and see if you
remember saying this-
A: Is the 23rct a Tuesday? I do not have a calendar
in front of me.
Q: 23rct. Well, it's going to be a Tuesday, isn't
it, if Friday-what was the date that you say that he
assaulted you?
THE COURT: I've got a calendar, and
September the 23rct was indeed a Tuesday.
THE WITNESS: Okay.
Q: All right? So, and didn't you tell me a while
ago you called her on Tuesday?
A: Yes sir.
Q: Okay. So now, do you recall saying to her, at
3:56 that day, "I'm worried sick about Kurt, can you
please talk to him?"
A: Yes.
Q: Do you remember saying that?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 130
1 A: Yes sir.
2 THE COURT: And Mr. Hardin-
3 MS. MCNEICE: Objection.
4 THE COURT: --just for the Court's benefit-
5 MR. HARDIN: Yes.
6 THE COURT: --the rest of this-
7 MR. HARDIN: Would be-
8 THE COURT: --transmission is-
9 MR. HARDIN: The mother's, right.
10 THE COURT: --Mr. Busch's-
11 MR. HARDIN: Mother's, right.
12 THE COURT: --mother's representation that
13 this message was sent to her on September 23rct?
14 MR. HARDIN: Yes sir.
15 MS. MCNEICE: May I clarify something? You
16 said something was sent-she sent something at 3:56?
17 MR. HARDIN: You're actually right, I got
18 that wrong, thank you, I'll correct it, thank you.
19 Q: If you'll notice, she'll say that it was sent to
20 you-you sent it to her at 7:46p.m. Do you recall, - - ,
21 do you recall calling her in the evening?
22 A: Yes sir.
23 Q: Okay. Then that's it. And your lawyer is
24 correct. And then do you-you didn't-did you get a
25 response from her the first time? Because at 8:12 you
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 131
1 write to her, ncan you please talk to me?", do you recall
2 that?
3 A: Yes sir.
4 Q: And then at 4:01 p.m.-actually, at 8:12 p.m.,
5 throughout the same time, you say ni called the house."
6 Do you recall that? Is this sort of fitting into the
7 times you said you were trying to reach her?
8 A: Yeah, minus her conversation back with me.
9 Q: Pardon me?
10 A: Minus her text back to me that said ncall the
11 house", yes sir.
12 THE COURT: Understood. These are just
13 your-
14 Q: Yours to her.
15 THE COURT: These are just your messages to
16 her.
17 Q: Then you tell her again, did you not, at 8:15, ni
18 really need to speak with you"? What was it that you were
19 so urgently calling her about?
20 A: I wanted to talk to her about what was going on
21 with Kurt and I, and the fight that had happened, and that
22 he was back to drinking again. And this has been a
23 concern of hers, and mine's, and her father's for a long
24 time, his alcoholism and his depression.
25 Q: Whose alcoholism?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 132
1 A: Kurt's alcoholism.
2 Q: Oh, you're now calling him an alcoholic too?
3 A: He's admitted it, yes, sir.
4 Q: I see. And I think you volunteered that when
5 your lawyer was talking to you before, didn't you, that he
6 would go into these drunken stupors you said?
7 A: He did.
8 Q: All in this public hearing that would be
9 recorded, that has nothing to do with whether he assaulted
10 you on the 26th, correct?
11 A: Sir, I am ask-I am answering the questions as
12 they're being asked to me.
13 Q: Again, nobody asked you if he was an alcoholic,
14 did they, when you volunteered it?
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MS. MCNEICE: Objection. He's arguing with
the witness. He asked her what was the urgency in
talking to-
MR. HARDIN: No, no, I'm speaking to your
question to her.
MS. MCNEICE: --Kurt's mother-
THE WITNESS: Yes.
MS. MCNEICE: If he doesn't like the answer,
well then he shouldn't have asked the question.
MR. HARDIN: No, I'm not speaking-
THE COURT: [Interposing] It's okay. I do
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understand, and I understand the witness' testimony
as well, and I'll allow the question to be asked, and
ma'am you can just answer the question as best you
can.
Q: What were you calling her about?
A: That he was drinking again.
Q: Well, you don't say that in these texts, do you?
A: No sir.
Q: And do you have texts in which you told her that
that night?
A: No, because we're talking about it on the phone.
Q: I see. So-
A: [Interposing] She wanted to put him into rehab.
She said that he needed to be in an inpatient treatment
over the off season. And this is what our discussion was.
Q: Why don't you just call a press conference and
say every damn thing you think will harm his reputation?
THE COURT: Mr. Hardin-
A: You asked me what my conversation was.
THE COURT: Mr. Hardin, that's not an
appropriate question, it's argumentative. I'll
strike it.
MR. HARDIN: All right Your Honor. But my
objection is, if we go back, what she just
volunteered was not responsive at all. And it's been
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 134
1 going on now for a day, so I'll withdraw anything
2 else about that, and we'll move on.
3 Q: Now, let me ask you this ma'am-
4 MR. HARDIN: Could I have what we've marked
5 as Exhibit 12, which would be Respondent 2. Thank
6 you.
7 THE COURT: I don't get to see it until it's
8 been admitted.
9 MS. MCNEICE: I don't have one. Thank you.
10 Q: Now what I'm going to, if I may ma'am, would you
11 look through it, and this is-I represent to you that this
12 is excerpts or these are emails from a limited period of
13 time from Mr. Busch's cell phone. I want you to look and
14 see if you would look through and recognize-and if, for
15 the Court, we can agree that whenever you see a bracket on
16 these emails, those are things he texted you, and the
17 unbracketed portions are from you to him. Just take your
18 time, look at it and see.
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THE COURT: Mr. Hardin, how many pages are
we asking the witness to look at? Nine pages? All
right, ma'am, we're going to recess in order that you
can read those, and we'll come back in. You just let
the Bailiff know when you're completed reading them,
and we'll return to the bench.
THE CLERK: All rise. Everybody else just
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kind of remain where you are.
[OFF THE RECORD]
[ON THE RECORD]
THE COURT: Back on the record?
THE CLERK: Yes.
THE COURT: Thank you. Ms. Driscoll, have
you had a chance to review the document?
THE WITNESS: Yes sir.
THE COURT: Okay. Mr. Hardin.
Q: Does it reflect email exchanges that you and Mr.
Busch had from October the 13th?
A: No, we did not email. These are text messages.
Q: Did I say emails?
A: Yes sir, you did.
Q: Okay, I'm sorry, I meant to say texts. Does this
accurately reflect text messages that you and Mr. Busch
exchanged from October the 13th to October the 20th of this
year?
A: There seems to be some things missing.
Q: Pardon me?
A: There seems to be some things missing in there.
THE COURT: Okay, but are there things that-
Q: That wasn't what I asked you.
THE COURT: Are the things that are there
text messages that were sent between the two of you?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 136
THE WITNESS: Yes.
THE COURT: Meaning that may not be all the
text messages that you all sent, but the things that
are there, are they text messages that you folks
sent?
THE WITNESS: And I would have to compare
them to my phone to make sure that they're exactly
the same. Because there seems to be words taken out
or things missing in here.
THE COURT: There are things missing from
the messages?
THE WITNESS: Yes sir.
Q: Ma'am-
THE COURT: Ma'am, have you-
THE WITNESS: I would have to compare them-
THE COURT: --placed your phone in the
locker here so that it could be accessed, or do you
have it?
THE WITNESS: It's in my car at the police
station.
THE COURT: It's in your car at the Dover
Police Station.
THE WITNESS: Yes sir.
THE COURT: Or Capital Police Station, one
of the two?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 137
1 THE WITNESS: Yes sir.
2 THE COURT: Okay. Apparently that's not
3 available. So what we'll do, ma'am, is you'll just
4 have to ultimately explain to. the Court.where you
5 think things are missing in the document-
6 THE WITNESS: Okay.
7 THE COURT: --once it is admitted, if it
8 is admitted.
9 THE WITNESS: Yes sir.
10 THE COURT: Mr. Hardin.
11 Q: On October the 13th of this year had you reported
12 what you claim is the assault by Mr. Busch to any law
13 enforcement agencies?
14 A:
15 Q:
16 A:
17 Q:
18 A:
19 Q:
2 0 time?
21 A:
22 Q:
23 do they?
24 A:
25 Q:
No sir.
Had you reported it to any Family Law agencies?
No sir.
Had you sought a protective order from him?
No sir.
Were you, according to you, afraid of him at that
Yes sir.
You and I know these messages don't reflect that,
They don't say "I want to talk to you".
They don't say that you're afraid at all, do
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 138
they?
A: I think they do.
Q: I count 54 messages.
A: Okay.
Q: And 12 of them are from him.
A: I don't agree with you.
Q: What part don't you agree with?
A: I know the way that my phone looks, and they're
not broken up like this. These are individual-you're
trying to make it look like there's individual separate
messages, and they were not, when they were part of a
single message.
THE COURT: Okay, and I'll certainly let you
explain that to the Court.
THE WITNESS: Okay.
Q: The only thing I'm really asking you, ma'am, is
did you say these things to him, and did he say these
things to you during that timeframe, from the 13th to the
20th, just one little week?
A: [No verbal response]
Q: Did you tell him the following-look at the first
on October the lOth, at 8:28 a.m., "Kurt, lawyering up is
going in the opposite direction of where I had hoped we
would be at this point. I am sorry you have chosen this
path. Your attorney has no interest in helping us mend
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fences, and set the clock back. We need to do that for
each other." Does that sound-first of all, do you recall
saying that to him?
A: And the rest of it, "I thought when you agreed to
Mark helping us"-
Q: Ma'am-
A: This was all part of one message sir.
THE COURT: That's okay,--
MR. HARDIN: I could-
A: Yes sir.
rHE COURT: You'll be allowed to explain
that. Just answer the question that's asked of you
first.
Q: But let's do this. The part you just talked
about, do you go on to say "I thought when you agreed to
Mark helping us that we could talk through what happened"?
A: Yes sir.
Q: Did you say all of that that I just read?
A: Yes sir.
Q: So that part we know - - ?
A: Yes.
Q: Okay. Does that sound like a woman afraid of the
man she's writing to?
A: I had no intention of meeting with him
personally.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 140
Q: Does that sound like a woman afraid of the man
she is writing to?
A: Yes sir, to me it does.
Q: What you have said is, you're criticizing him for
getting lawyers involved, aren't you?
A: You're really taking out of what was going on at
the time.
Q: Are you criticizing him, ma'am, here, for getting
lawyers involved?
A: Yes sir.
Q: When you get lawyers involved is that the action
of somebody that is threatening someone physically?
A: I don't-
Q: [Interposing] , that's a bad question.
Isn't what's happening here is your lawyer, Mr.
Dycio, has contacted Kurt, and-
A: [Interposing] No, sir, Kurt contacted Mr. Dycio.
Q: Okay. Let's say that's the truth. They've had
conversations. And then what's happened, isn't it, that
you had found out that Kurt has gone to a lawyer, right?
That's what you're talking about here, isn't it?
A: Kurt had agreed that-
Q: Excuse me, this would go quicker if you just help
me out. And I'll let you say whatever you want after you
answer my question. Let's just do it that way please.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 141
What this exchange is about is you are criticizing
Kurt for getting a lawyer involved, other than Mr. Dycio,
your friend, correct?
A: Correct. Now may I explain?
THE COURT: Ma'am, what are you talking
about, in terms of getting a lawyer involved?
Getting a lawyer involved in what?
THE WITNESS: So Kurt had agreed to meet
with my attorney face to face, to sit down to talk
about the seriousness of what had happened, and that
is-that was the context of this conversation, which
is being taken totally in a different manner.
THE COURT: Okay, don't worry about how
people take it, you just answer the questions that
are asked.
THE WITNESS: He was supposed to meet with
my attorney and sit down and talk about him
assaulting me, and what had happened, and that I
wanted him to seek treatment, that I wanted him to go
into rehab for his alcoholism. I wanted him to go
back on his depression medications, and to go back to
seeing a counselor again.
THE COURT: Okay, and-
MR. HARDIN: Actually-
THE COURT: --you're, at this point, talking
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1 to him about having consulted with a lawyer instead
2 of doing that?
3 THE WITNESS: Instead of, because they had
4 agreed to meet on multiple occasions-
5 THE COURT: Okay.
6 THE WITNESS: --and Kurt kept changing the
7 meeting date.
8 THE COURT: Okay.
9 Q: Actually ma'am, that's not true, is it?
10 A: It is absolutely true.
11 Q: What had happened is-would you look at the date
12 of this email exchange again?
13 A: It is text messages, and I am.
14 Q: Texts, I'm sorry,
15 MR. HARDIN: Is this 3?
16 MR. LIGUORI: 3.
17 Q: What's happened here, isn't it ma'am, is that
18 Kurt has had a lawyer-
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THE CLERK: Excuse me, has this been
admitted?
THE COURT: That's not been admitted yet,
nor has the document that's been handed to you.
THE WITNESS: Oh you guys-this is awesome.
Q: What's happened, isn't it ma'am, that Kurt has
had a lawyer write Mr. Dycio and tell Mr. Dycio that Kurt
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 143
1 was represented by them, and from then on to deal with
2 them. That's why, is it not, that you were doing that?
3 You are complaining on October 13th because you have been
4 informed by your lawyer that Kurt now has a lawyer
5 involved-
6 A: Instead of talking to Mr. Dycio, as he had said
7 he was going to do, they were going to sit down and talk.
8 Q: That's fair enough. Let's just stay with-so
9 would you agree with me, for the Court to understand when
10 he asked you what does this lawyering up mean, you had
11 proposed that Mr. Dycio, a friend of yours, mediate
12 between you and Kurt about this matter, correct? Yes or
13 no?
14 A: I had asked Mr. Dycio to go meet with Kurt.
15 Q: All right. And what's happened here, isn't it,
16 that after Kurt and Mr. Dycio have several conversations,
17 Kurt gets uncomfortable, thinking that Dycio is really
18 representing your interests rather than being impartial,
19 and so he-
20 A: [Interposing] Excuse me, excuse me-
21 THE COURT: I'm not really sure how this
22 witness could answer that question Mr. Hardin?
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THE WITNESS: And I know for a fact that-
THE COURT: Ma'am.
THE WITNESS: Oh sorry.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 144
1 THE COURT: When I say you don't have to
2 answer a question, that means you don't have to
3 answer it. I don't know how this witness can answer
4 a question about what's in Mr. Busch's mind.
5 MR. HARDIN: Fair enough Your Honor.
6 Q: But what happens here, let's just try to move
7 this along. What are you fussing at him about on the 13th
8 is that he has now gotten a lawyer for himself on this
9 matter, and you say ~Lawyering up is going in the opposite
10 direction of where I hoped we would be," correct?
11 A: Yes sir.
12 Q: And you will agree with me that that is a full
13 four weeks before you come in here and swear to this Court
14 this you're afraid of him and need a protective order,
15 correct?
16 A: Four weeks?
17 Q: Well, what's October 13th to November 5th? Just
18 three weeks?
19 A: Okay.
20 Q: It's three weeks. I mean, my only point, ma'am,
21 would you agree with me that these exchanges start out in
22 October, a full several weeks after where you claim he
23 assaulted you, and you're complaining at him for getting a
24 lawyer involved, right?
25 A: He agreed to meet with Mark.
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THE COURT: I understand-
MR. HARDIN: That's all right.
THE COURT: --your responses ma'am, I do.
Q: Now, then he responded to you. You recall him
responding to you saying this: "I'm sorry, but based on
your actions and the path you've drove us into, this is
what I felt most comfortable with." He writes back to you
when you fuss at him for getting a lawyer and saying he's
most comfortable with that now, do you recall that?
A: Now.
Q: Do you recall that?
A: Yes sir.
Q: Okay.
A: Especially after he was requesting meetings with
my lawyer.
Q: Well ma'am, immediately, like one minute after he
tells you that, do you recall telling him "I've been
devastated and lost, and hurt beyond belief"?
A: Yes sir.
Q: "So has Houston. I wake up sick to my stomach
every day, with a pain in my chest that doesn't go away."
A: Yes sir.
Q: I'm just asking if you said that to him?
A: Absolutely. Do you know what it's like to wake
up and see bruises on your neck, and know that the person
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 146
who supposedly loved you did that to you? And that your
whole world is now upside down because he attacked you?
And my custody is in question. - - [crying].
Q: So the answer to my question is yes.
And then you go, do you recall saying to him "What
actions? I've done nothing at all." And saying to him,
"I've sat on my fucking hands waiting on you." Do you
recall saying that to him?
A: Yes sir.
Q: Okay. And then he writes back to you right away-
THE WITNESS: [Interposing] Am I allowed to
explain what this means?
THE COURT: In a moment.
Q: He writes back to you and says "I'm hurt too,"
doesn't he?
A: Yes.
Q: He doesn't threaten you, does he? Does he?
A: No.
Q: He doesn't say "I'm coming after you," does he?
Does he?
A: No.
Q: He says he's hurt, right?
A: Yes.
Q: This is two people hurt in a four-from a four-
year-that had been in a four-year relationship, right?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 147
1 Right?
2 A: Yes.
3 Q: There is nothing in here threatening, is there?
4 A: At this particular text, no.
5 Q: And in fact, you cannot show this Court, can you
6 ma'am, from September the 26th all the way through to when
7 you filed this November the 5th, and even until today, any
8 threatening texts you have from him?
9 A: I absolutely did. We already entered it.
10 Q: Which was that?
11 A: When he's threatening my custody-
12 Q: Oh, wait a minute.
13 A: --and blackmailing me.
14 Q: Ma'am, excuse me. When you talked earlier to the
15 Commissioner about leaving certain things out, you all
16 left something out of that exchange, didn't you, when you
17 offered it-moved it into evidence, didn't you? Do you
18 recall what you left out?
19 A: No.
20 Q: You left out him-you asking him to be sure to
21 help with your custody, right?
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A: I did not.
Q: Did you talk to him about that at all?
A: Before we split up Kurt said that he was going to
help with my custody.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 148
1 Q: Ma'am, do you understand that what this
2 Commissioner is going to be deciding has nothing to do
3 with a man saying whether or not he's going to help you in
4 your custody dispute. It has to do with whether you were
5 physically harmed and had a reasonable fear from him of
6 future physical threats, right? Would you agree that's
7 why we're here?
8 A: I didn't expect him to snap-
9 Q: Excuse me, would you agree-
10 A: Yes sir.
11 Q: Can you say yes or no-
12 MS. MCNEICE: Objection, that's certainly
13 not the whole story for why people get a PFA, and I
14 think it's-
15 MR. HARDIN: Well-
16 THE COURT: All right, yeah, the question is
17 somewhat argumentative and I'll sustain the
18 objection. And obviously it is legitimate, Mr.
19 Hardin, for you to be asking the witness about the
20 conversation that may have occurred and been the
21 genesis of Petitioner's Exhibit 2, and I'll certainly
22 allow you to do that.
23 Q: Yeah, all I'm asking is, what he said to you was
24 he wasn't going to continue to help you if you didn't have
25 this-help him, right? Is that what you're saying?
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A: What?
THE COURT: Do you want to look at
Petitioner's 2 ma'am? That's not in that particular
exchange. I think what Mr. Hardin's talking to you
about is Petitioner's Exhibit 2.
MR. HARDIN: Here.
THE COURT: We need to make sure that you
actually have the exhibit, and I have the one that's
marked. We'll show the actual exhibit to the
witness. That's sort of standard procedure anyway.
A: Yes.
THE COURT: I think that's the conversation,
ma'am, that Mr. Hardin's trying to ask you about.
THE WITNESS: Okay.
Q: Ma'am, would you look at the entry on your
Exhibit 2, where it says "Here's the deal, I will only
support the Houston custody shit if you cooperative with
our split. Leaving me stranded and then showing up
unannounced hasn't been all that cooperative."
A: He sent this to me right after he attacked me.
Q: What does that have to do with my question?
A: What is your question?
THE COURT: Actually, you haven't asked the
question, so you may.
MR. HARDIN: There was no question, that's
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 150
1 what I was going to say, you're absolutely right.
2 Q: And hold on just a second, let's back up. What
3 is that statement by him in response to, you didn't
4 provide that, what is he responding to?
5 THE COURT: Was there anything prior to that
6 in this text stream ma'am?
7 THE WITNESS: No, there was not.
8 Q: From , you didn't-you hadn't-you did not send
9' him any texts after you left-
10 A: No.
11 Q: --before this?
12 A: No.
13 Q: Okay. So this is the first-
14 A: [Interposing] This-we had the conversation before
15 I came to Dover, and then this.
16 THE COURT: Okay.
17 Q: All right, now let me ask you, would you agree
18 there is nothing physically threatening in this exchange?
19
20 me-
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A: I take this as a threat, that he is blackmailing
THE COURT: [Interposing] Well, the question
though is it physically threatening ma'am. Is there
a threat to cause physical harm to you in there?
Q:
THE WITNESS: No.
And what this is about is, you wanted him to
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 151
financially support you, that's what you all talked about,
he had offered to financially support you in your custody
battle, hadn't he?
A: Yes sir.
Q: And what he's saying now is, - - , I'm not going
to continue to do that-
A: [Interposing] He hadn't paid any bills.
Q: Excuse me, you've got to let me finish.
A: Well, you said "continued", so I was-
THE COURT: [Interposing] Hang on, listen to
the question before you try to answer it.
Q: What he's saying here is, "Here's the deal, I
will only support Houston custody shit if you cooperate
with our split." He's saying I'm not going to continue to
finance on something unless you agree to let us separate,
right? Is that what he's saying?
THE COURT: Is that how you interpreted
that, ma'am?
Q: Is that what he's saying?
A: I took the "If you agree to cooperate with our
split," as in, now that we-he attacked me he's wanting me
to be quiet.
THE COURT: Okay, so that's your
interpretation.
THE WITNESS: That is how I-that was my
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 152
interpretation.
THE COURT: Okay, and that's fine. All you
can tell us about is your interpretation. You can't
tell us what Mr. Busch meant.
Q: And then you go on to say "Leaving me"-he goes on
to say "Leaving me stranded," he's talking about in Boston
at the airport, isn't he?
A: Yes.
Q: "And then showing up unannounced," he's talking
about that night, isn't he?
A: Yes sir.
Q: "Hasn't been all that cooperative." Would you
agree with me that this exchange simply sets out that
after you left his-what do we call it?
A: Motor home.
Q: --after you left his motor home that night he
tells you he's not going to continue to finance your
custody battle unless you cooperate with our split, that's
what he's telling you, isn't it?
A: Yes.
Q: Okay. Now, can we not agree that that is not by
any stretch of the imagination any threat to your physical
safety?
A: Not to my physical, but to the custody of my son.
Q: And you agree that that has nothing to do with
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1 what you are asking this Commissioner to do, right?
2 A: Listen, I don't know what your client's capable
3 of. I never thought he would do that to me in the motor
4 home.
5 Q: By the way, do you ever say anything in this
6 exchange we're looking at in October-
7 THE COURT: [Interposing] Okay, we're not on
8 that same one now, we're on a different one, right
9 Mr. Hardin?
10 MR. HARDIN: Yes sir, yes sir.
11 THE COURT: Okay, so we've got to make sure
12 we direct the witness to the correct thing, and it's
13 not an exhibit yet, so I don't know.
14 MS. MCNEICE: I'm sorry, where are you-what
15 are you referring to Mr. Hardin?
16 THE WITNESS: Back to this.
17 MS. MCNEICE: The nine-page, R-2?
18 MR. LIGUORI: R-2.
19 Q: What I want to look at, if you would with me,
20 ma'am, is I want to go through a little bit more of this.
21 When he wrote that "I'm hurt too," then you wrote-do you
22 recall saying this: "This is the path you've chosen, not
23 me. I never wasted any of this-wanted any of this,"
24 rather, "and told you as much. I never wanted what
25 happened. You at any point could have come to me, called
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 154
1 me, anything. I never wanted you to hurt. I've always
2 loved you too much for that."
3 Ma'am, that has you telling the man you wanted a
4 protective order from now, is it not, he should have come
5 to you, he should have called you. The very opposite of
6 what you're asking this Commissioner to do, right?
7 A: No, I said I never wanted what happened, and I
8 was referring to the assault that night.
9 THE COURT: Mm-hmm.
10 Q: "You at any point," you said, do you not, "could
11 have come to me, called me, anything." You're saying
12 October the 13th, three weeks after where you claim that he
13 assaulted you, correct? You never anywhere in here say
14 that's what you're complaining of, do you? You don't say
15 anywhere in here-
16 A: [Interposing] I did not want him-
17 Q: Excuse me, you have to let me finish.
18 THE COURT: Hang on, listen to the question
19 first ma'am, then you can answer.
20 Q: You do not say anywhere in here that he
21 physically assaulted you, do you?
22 A:
23 Q:
24 A:
25 evening.
I said "I never wanted what happened."
Right.
That was my reference to what happened that
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1 Q: I see. But that's fine, you can give whatever
2 spin you want. I'm just saying, you don't use those
3 words, do you?
4 A: I'm not going to-I don't use the word assault,
5 to-
6 Q: All right. How about hit? How about choked?
7 A: He didn't hit me.
8 Q: How about choking? You said he choked you.
9 A: He did choke me, but why am I going to say choke?
10 Q: All right, ma'am, look, all you have to say is
11 no.
12 THE COURT: Ma'am, you can answer the
13 questions-the Court is capable of understanding why
14 you wouldn't call it an assault to the other person
15 who was involved in the assault if there was an
16 assault. I'm capable of understanding that. So all
17 you need to do really is answer the questions that
18 are asked of you.
19 A: I did not, no, I did not use the word "assault".
20 Q: Or you didn't talk about anywhere in here
21 anything he did to you physically when you were
22 complaining about-
23 A: [Interposing] Incorrect. You're reading into my
24 texts. I'm telling you what I'm saying in my texts, what
25 they mean to me.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 156
1 Q: I'm not-excuse me. I'm not arguing with you-
2 THE COURT: [Interposing] That's all right.
3 He can ask you questions about what you mean, and you
4 can answer the questions about what you mean, and
5 that's what we're here for.
6 Q: If you would look down at the bottom, he said to
7 you, did he not, at 8:44, nYou know me, I'm not the best
8 with words, so let me say this, I have a big heart for you
9 and Houston, and I want what is best for all of us. I
10 don't see a relationship for you and me in the future, and
11 I want us to work together to put this down the right
12 way."
13 Now ma'am, three weeks before you go over there he is
14 asking you, is he not, to help him end this relationship.
15 He's telling you that he cares for you, he cares for
16 Houston, but he wants you to help him end this
17 relationship.
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A: No, this is not before he assaulted me.
THE COURT: Hang on, I think we're
misinterpreting.
MR. HARDIN: Before you filed the charge,
excuse me-
THE COURT: Three weeks before you-
MR. HARDIN: You're absolutely right.
THE COURT: --filed the charge. Okay.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 157
Q: Before you filed the charge, before you later
claim to both the police and this Court that you're afraid
of him, and need a protective order across the street on a
criminal charge filing, he is telling you that he has a
big heart for you, doesn't he, but he doesn't see a
relationship with you all, and he wants you to work
together to put this down the right way.
A: I don't believe that he's saying at this point.
Q: Is he saying that?
A: He's saying that, but I don't believe anything
that he's saying at this point.
THE COURT: Okay.
MR. HARDIN: All right.
Q: Then if we go over to what said,--
A: As I stated in here too, "Then after that shit
you threaten my custody," I very much referred to when he
assaulted me that night.
Q: And then "You don't just dump your family," you
said, right? "You don't treat people you love the way you
did in New Hampshire."
A: You sure don't.
Q: "And definitely not like Dover."
A: Exactly.
Q: "We just came because we"-what, you say "I'm not
"?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 158
1 A: No, when I-"when we love and care about you.
2 After that shit you threatened my custody." I very, very
3 clearly state what he did to me, in both New Hampshire and
4 Dover.
5 Q: Yes ma'am, he threatened not to continue to pay
6 your bills.
7 A: No, he physically assaulted me.
8 Q: I'm talking about the custody.
9 A: This says "You don't treat people the way you
10 love in New Hampshire, and definitely not like in Dover."
11 And I am referring to his assault, and his screaming, his
12 verbal abuse.
13 Q: And then-
14 A: And his physical abuse.
15 Q: And then you're mad at him. Would you agree with
16 me that in these text messages the person that seems to be
17 the maddest and most threatening is you?
18 A: I'm not threatening him at all.
19 Q: And then you write, "Then after shit you threaten
20 my custody"?
21 A: Yes.
22 Q: And then you say to me, "You lied to me, you kept
23 lying to me about our future, before and after New
2 4 Hampshire. I believe you. It was all lies."
25 A: That's why I'm saying I don't believe what he's
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1 saying right now either.
2 Q: Yes ma'am. But would you agree with me that is
3 the language of a jilted person?
4 A: No.
5 Q: Man or woman, it's a jilted person.
6 A: No.
7 Q:
8 MS. MCNEICE: Objection.
9 THE COURT: Sustained, it's not necessary
10 for the witness to characterize her own testimony,
11 and I'm capable of making decisions.
12 Q: Then he goes on to write, "There are no lies
13 here, I was unhappy for a long period. I promise"--you
14 suggested to him there was another woman? He's going "I
15 promise you there's no other woman, I'm a lost independent
16 soul right now," right?
17 A: That's why I'm saying there's text messages
18 missing in between here.
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THE COURT: Okay, I get it. And Mr. Hardin,
if this is not the entirety of these conversations do
you have them available?
MR. HARDIN: It is the entirety of the
conversations.
THE COURT: In case-okay.
MR. HARDIN: And here's the problem-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 160
THE COURT: All right.
MR. HARDIN: We have downloaded everything
he had during this timeframe. We only have here.
When this all happened he went on and erased
everything.
THE COURT: Okay.
MR. HARDIN: So we don't have anything past
this period of time.
THE COURT: Okay.
MR. HARDIN: We're subject only to hers.
THE COURT: Okay.
MR. HARDIN: And actually, I never objected
to the text messages that they introduced themselves
that leaves things out. But I can-
THE COURT: [Interposing] I got it, but I
what I want to make sure of is that either side-that
if there's something that there's messages missing
from, if the other side wishes to admit the rest of
that conversation or the rest of that document, if
they have it available, they're able to do that.
MR. HARDIN: We would love to.
THE COURT: That's my question.
MR. HARDIN: And certainly we'd have no
objection if they do.
THE COURT: All right.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 161
1 Q: So if we can go on here. So far will you agree
2 with me that the words we have read so far to the Court
3 are words that you and he spoke during those seven days?
4 A: Yes, minus quite a few text messages in between.
5 Q: I understand that's what you're saying. I'm
6 simply asking you, do these accurately reflect words that
7 you all spoke in the texts?
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A: Yes.
MR. HARDIN: Thank you. Then in that case,
to help the Court I would reoffer R-2.
THE COURT: Ms. McNeice?
MS. MCNEICE: I'm sorry, I don't have any
information about what might be missing. In addition
to that, if we look for instance at a page-I'm
looking at something that says "I promise you there's
no other woman," and then it goes onto a number of
deliveries that are 9/19. I would suggest to the
Court that if the phone takes a couple of words,
types them, or you type it in and the text sends it,
and it comes out in perhaps three different little
windows-
THE COURT: Mm-hmm.
MS. MCNEICE: --that's not necessarily, as
Mr. Hardin suggested, separate texts, 54 separate
little comments.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 162
THE COURT: Well, but-I get it, but the
issue is, for purposes of admissibility, is whether
or not what's in this document is conversations that
took place between Mr. Busch and the witness. And
the witness seems to have characterized that as
correct. Maybe it's not all of the conversations
that took place between the witness and Mr. Busch,
but the witness seems to be saying it is at least
parts of the conversation that took place. And the
Court's certainly willing to admit it into evidence,
and the witness can then explain, or others can
explain, what may be missing.
MS. MCNEICE: And I'll-
THE COURT: So it will be admitted.
MS. MCNEICE: I'm sure the Court will give
it the weight that it appears to deserve.
THE COURT: That's always correct. So that
document will be admitted as Respondent's 2. Thank
you.
[Whereupon Respondent's Exhibit 2 was
admitted into evidence.]
Q: I'm going to try to move through it quickly, if
we can ma'am, and.any time you think it's not accurate,
please tell me. If we go over to-I think if you count it,
it's going to be the third page, down at the bottom, where
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 163
you had said "You lied to me, and kept lying to me about
our future before New Hampshire. I believed you. It was
all lies." He responded to you "There are no lies here.
I was unhappy for a long period," correct?
A: Yes.
Q: And then do you then accuse him of there being
other women?
A: There's text messages missing here.
THE COURT: All right, do you remember what
was in those messages though ma'am?
A: I said "I'm sure there's somebody else."
THE COURT: Okay.
Q: All right. Did you believe at that time there
was another woman?
A: I don't know if there was another woman or not.
Q: Do you recall telling him that?
A: I guess.
Q: Okay. And he tells you "I promise you, there is
no women. I'm a lost independent soul right now," right?
A: Yes.
Q: And then you write back "It was all a lie. I'm
sure you told your ex the same." He said "No, I just
pulled the Band-Aid," right?
THE COURT: It looks like there's a Patricia
Driscoll, October 13, 2014, 8:58 a.m. SMS. Does that
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 164
1 mean, ma'am-
2 THE WITNESS: I didn't write "I pulled the
3 Band-Aid."
4 THE COURT: Right. But does that mean,
5 ma'am, that there is a missing transmission from you
6 between the-
7 THE WITNESS: Yes.
8 THE COURT: Okay, and do you remember-
9 THE WITNESS: It was missing-
10 THE COURT: Do you remember what it is that
11 you said prior to Mr. Busch saying "No, I just pulled
12 the Band-Aid," do you remember anything about that?
13 THE WITNESS: About-probably about him
14 cheating. I said I don't know what's true or what's
15 not anymore, because-
16 Q: [Interposing] That's it ma'am. I think there is
17 an omission. Let me see if this helps you remember.
18 A: No, there's-
19 Q: [Interposing] Well, just listen to me a second.
20 Entertain the possibility this is the truth-
21 MS. MCNEICE: I'm sorry, that this what?
22 MR. LIGUORI: This is the truth.
23 Q: This is the truth. "It was all a lie," you say,
24 "I'm sure you told your ex the same." And this response
25 here that comes after says "No, I just pulled the Band-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 165
Aid." Isn't it true what he's talking about is that when
you began your relationship with him, before he was
divorced, you told him he had to get divorced, and what
you said was "You just need to pull the Band-Aid"? Do you
recall that? Think back - - , take your time.
MS. MCNEICE: Objection, relevance. It's
something that-
MR. HARDIN: The relevance has-
MS. MCNEICE: --was said to them-
MR. HARDIN: Excuse me.
MS. MCNEICE: --four years before that. If
he wants to use the expression he pulled the Band-Aid
that's his expression-
MR. HARDIN: No, the-
THE COURT: It's okay. It refers to a
vernacular between the parties that's common, and so
the question is appropriate-
Q: And the reason I'm asking it is-
THE COURT: --and I'll allow it to be
answered.
Q: --I wanted to refresh your memory, because you
were indicating to the Court there's something missing.
And what I'm trying to point out to you is, isn't it true
there is nothing missing there, because when you say "I'm
sure you told your ex the same," he says "No, I just
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 166
pulled the Band-Aid," meaning he just got a divorce,
right?
A: I have no idea what-
Q: All right, - -
A: I don't know what he means-
Q: All right.
A: --by that.
Q: That's fine. Let's move on.
THE COURT: Okay.
Q: And you say to him, did you not, "You lied, you
lied every time you looked me in the eyes and told me how
in love with me you were, when you would show me your
happiness and laugh, and look in my eyes and tell me you
were happy. Even Saturday night before New Hampshire,
when we planned our future and talked about it all of the
time, looked at , discussed finances, started our
company, when you made promises to me and Houston that
the future, graduations, trips, holidays, driving the
championship car in Germany, another kid, I believed all
of it, and always trusted you. I believed every word
until Dover. I should have known it at the Indy banquet
that I was only here to work for you. You failed to
mention your family in your speech, the person who did
everything for you, me. When you ran outside crying
afterwards I really believed you when you said I was the
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 167
reason for your success, saved your life, and was your
partner forever. I believed your tears. That was June.
I saw what we accomplished together. I didn't realize I'd
just been here to work for you. I feel like an idiot.
You have fucked me up. I've had a very hard time
functioning. On top of it, everything bad has poured down
on me. I walk around in tears or like a zombie because I
have to be somewhere. I'm a fucking wreck. I can't eat,
I try, but eat little of anything at all. I wake up sick
to my stomach every morning." Do you remember saying
those things to him?
A: Yes.
Q: All right. Now, would you agree with me that
nowhere in that exchange are either one of you threatening
the other?
A: Okay.
Q: And then, on the 18th, you say he reached out to
you. Do you remember telling the Judge, when you guys did
your exchanges of emails, and I'm thinking more about the
one that starts the Sunday, October the 19th, 11:34 a.m.,
it's your exhibit-
MR. HARDIN: Do you mind telling me which
one that is?
THE COURT: That would be 7.
MR. HARDIN: Pardon me Judge?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 168
1 THE COURT: That would be 7 I believe.
2 MR. HARDIN: 7.
3 Q: Do you recall-
4 MS. MCNEICE: [Interposing] I believe,
5 actually, Your Honor, it was-
6 THE COURT: I've got it in my hand, so it's
7 got to be 7 .
8 MS. MCNEICE: Oh thank you, I apologize.
9 THE COURT: Okay.
10 MS. MCNEICE: I set mine aside somewhere.
11 Q: Do you recall, you introduced one that talked
12 about he reached out to you and said "Is Houston in bed
13 yet, can we talk?"; do you recall that?
14 A: Yes.
15 Q: And if you go back to what I just read to you,
16 and we talked about leaving things out, he reaches out to
17 you, does he not, on the 18th? Did you all have any email
18 exchanges between the 13u and the 18u?
19 A: No, and we did not have any text message
20 exchanges either.
21 Q: Thank you, I'm sorry. Thank you for - -
22 So, can we all agree that what you just read, would
23 you agree with me that - - what you were saying to him is
24 a reply of resentment?
25 A: No.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 169
Q: Okay.
A: Absolutely not. And-
Q: All right.
A: --wait, you asked the question, I'm going to take
the opportunity to explain myself.
THE COURT: You may.
A: When he-when I said "You have fucked me up," he
did, when he put his hands on my threat and smashed my
head into the wall. And I'm saying I'm having a hard time
functioning because I am. And I said, on top of that,
lots of other bad things have happened to me, and I walk
around in tears like a zombie because I have to be
somewhere but I'm a fucking wreck. I can't eat, I can't
sleep, because this is the moment that I keep replaying in
my brain.
I don't believe anything that he has to say at this
point is what I was getting to in all of this, because why
did he do this to me? And then he's just telling me
stuff. I don't believe anything the guy has to say at
this point.
THE COURT: All right. And that's the last
message that you all folks exchanged prior to October
the 18ili, when Mr. Busch asks "Is Houston in bed yet,
can we talk?"
THE WITNESS: Yes.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 170
1 THE COURT: Okay.
2 MR. HARDIN: All right.
3 Q: Then so it's in sequence, he writes you at 5:26-
4 A: [Interposing] And he's already been told by my
5 attorney that I was not going to talk to him.
6 Q: Well-
7 THE COURT: Well-
8 MR. HARDIN: Thank you.
9 THE COURT: --had you asked your attorney to
10 tell him you weren't going to talk to him?
11 THE WITNESS: Yes.
12 THE COURT: Okay. But you don't know what
13 your attorney said to him because you weren't there
14 when he said it, right?
15 THE WITNESS: Correct.
16 THE COURT: Okay.
17 Q: But by this time your attorney is sending letters
18 back and forth to his attorney, right? You know that,
19 don't you? Remember, I showed you one that's dated
20 October 13th, and after that they started exchanging
21 letters, didn't they?
22 A: Yes.
23 Q: Okay. So then on the 19th_l8t\ rather, he writes
24 to you, nis Houston in bed yet, can we talk?" He writes
25 30 minutes later, nTime has passed, I see the route that
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 171
1 you have chosen." And you write back to him then on the
2 next day, I think you told your lawyer, and says ~Kurt,
3 what is it you'd like to talk about?" Right?
4 A: Yes.
5 Q: And he writes to you ~I just finished meeting the
6 troops, now"-and he means Army troops, right? He means a
7 foundation thing?
8 A: Yes.
9 Q: ~Now I'm at the drivers' meeting, you know that.
10 Tonight or tomorrow we will have to try to understand
11 where we are. You have undermined me so heavily in the
12 past few weeks, my job is in jeopardy, I just saw
13 management talking with the Tier 3 [phonetic] driver.
14 You've done your job as a cancer, and it has to stop." Do
15 you recall that?
16 A: Yes.
17 Q: Well, when we talk about leaving certain things
18 out, that's not exactly the sheet that you-
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A: It's right here.
Q: --do you see that last exchange?
A: It's right here. And it's right there.
THE COURT: It's kind of stuck in the
middle.
Q:
THE WITNESS: Yes.
Yes ma'am. But did-how did you all prepare this,
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 172
1 do you know?
2 A: We took screen shots of my phone.
3 Q: Well, this says - - cancer - - , right?
4 A: This is what came through on my phone.
5 THE COURT: Okay, so it-
6 [Crosstalk]
7 A: These are actual snapshots of my phone.
8 Q: Okay. Now, if you look-would you put that in
9 front of you please? Put them side to side.
10 A: Okay.
11 Q: And the complete one we've got here on the page
12 of R-2 says "You have undermined me so heavily in the past
13 few weeks, my job is in jeopardy." Is that in the one you
14 have?
15 A: Yes, it's right here.
16 Q: All right. "You've done your job as a cancer,
17 and it has to stop." Is that the way it says on yours?
18 A: No.
19 Q: Right. What does it say on yours?
20 A: This is an actual screen shot of my phone.
21 Q: I'm just asking you what it says.
22 A: I didn't manipulate this. It says-
23 Q: I just ask you what it says.
24 A: --"Undeistand where we are, you have cancer and
25 it to stop, undermined me so heavily in the past few weeks
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 173
1 my job is in jeopardy."
2 Q: Okay. Now, is he making any threat to you during
3 that?
4 A: You have "And it has to stop now." To me "It has
5 to stop," I'm taking that as a threat. Because he's
6 saying I'm threatening his job, and I'm doing no such
7 thing, and it has to stop.
8 Q: You take that as a threat?
9 A: Yes.
10 Q: I see. Let's go to the next page. You write to
11 him, don't you, "There were no troops we requested for you
12 to meet with."
13 A: Correct
14 Q: "I made sure of it. I'm not sure what you mean
15 by 'where we are' comment." Right? Do you remember
16 saying that?
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THE COURT: That's in the-we're sort of-
MS. MCNEICE: I'm sorry, what was the
question?
THE COURT: --switching between Petitioner's
7 and Respondent's 2.
MR. HARDIN: Yeah, we're back to R-2,
Respondent's 2.
THE COURT: Because the same message was
kind of contained on both of them, and now we're sort
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 174
of moving on from that message.
MR. HARDIN: Thank you, Judge.
MS. MCNEICE: And I apologize, I did not
hear the question relating to the last exchange.
THE COURT: We're looking at-I'm sorry, this
isn't paginated. So one, two, three, four, five,
six-looks like that seventh page, ma'am, on
Respondent's 2, is I think what Mr. Hardin's trying
to address-
THE WITNESS: All right.
THE COURT: --with you.
Q: Are you there?
A: I'm here.
Q: Okay. Actually, that exchange we just read that
are in R-2, you put a-you responded with a question mark,
right?
A: Yes.
Q: Do you recall doing that? And then what is his
answer?
A: "Laugh out loud."
Q: Okay. And then you write, do you not, "There
were no troops we requested for you to meet with, I made
sure of it. I'm not sure what you mean by 'where we are'
comment. I've been nowhere the track of your team, or
anyone near you. You know this. I've plenty of my own
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 175
shit to deal with, cancer, deaths, wedding and work, and a
little boy trying to make sense of it all, the guy who
called himself Houston's stepdad hasn't been around, he's
trying to understand all of this. This has been an
extremely hard time on us."
A: Yes.
Q: Throughout this exchange on October the 19th,
this is each of you saying to the other that you don't
want to be around the other, right?
THE COURT: You can speak for what your side
of it was.
A: Yeah, I don't know what Kurt's saying.
Q: Well, you're saying to him you haven't been
around and haven't been in the camp and haven't been with
his guys, right? Isn't that what you're saying?
A: I said I haven't been anywhere near his people.
Q: That's what I see.
A: He was around my people.
Q: All right.
THE COURT: Okay.
Q: He goes on to tell you who somebody was that had
been there, right?
A: Correct.
Q: And then he writes on the next page, doesn't he,
"I know you haven't been at the track, but you've
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 176
1 intertwined yourself with people via screen shots, email,
2 texts, phone calls, social media, etcetera, and too many
3 people have knowledge about propaganda you and you only
4 could be spreading." And then you answer him, right?
5 A: Yes.
6 Q: "It's my understanding you went up to the troops
7 on the drivers' meeting. I clearly instructed my staff to
8 no longer make request of your time after Dover. Nor
9 bother you at your car. I guess that race dedication
10 family was scheduled many weeks ago, as well as the gala
11 prize you offered. It won't happen again." And he writes
12 back "Okay, thank you," right?
13 A: He went up to my staff during-
14 Q: [Interposing] Did he write it? Did he say "Thank
15 you" ma'am? Does he write and say that?
16 THE COURT: It's been admitted. I see the
17 exhibit.
18 A: Yes.
19 Q: So ma'am, what I'm trying to figure out is, this
20 is the man saying he wants you to stay away from him,
21 right? And you're saying-isn't that what he's saying
22 here?
23 A: I asked him to stay away from my people, and he
24 went up to them anyway. That's what I'm saying here. I
25 said you went up to my people at the drivers' meeting. We
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1 didn't request time from you.
2 Q: You go down at the bottom, can we finish, he says
3 "Okay thank you," would you agree, he thanked you for what
4 you said?
5 A: Yeah.
6 Q: All right. And then you state, "You're being
7 paranoid. I know a lot of people and had long-standing
8 relationships with them before knowing you. I have a
9 relationship with NASCAR that is only going, and I will be
10 back at the track as I see fit, and in between my movie
11 premiers. I will work with a lot of other teams and
12 people who are truly invested in our call. It's business
13 as usual, so what does your comment about 'where we are'
14 mean? And what propaganda are you talking about?"
15 Now, would you agree with me that there is nothing in
16 this entire exchange for that whole week in which he
17 threatens you?
18 A: My perception is that I feel threatened, and he
19 keeps coming up to my staff, even when I've asked him not
20 to.
21 Q: Would you agree with me that entire exchange for
22 that week is him wanting to have you and your people stay
23 away from him and his people?
24 A:
25 troops.
No, because he admitted to coming up to my
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Q: Your troops?
A: Yeah, this is my foundation, the people I brought
to the track.
Q: Are they - - military people?
A: They could have been veterans. I don't know
which race this is exactly.
Q: You don't want-you just said "my troops." So
some military people there are at a NASCAR function, and
you don't want the man that you're upset with to be able
to meet with these people?
A: My staff is right there. I do not want him-
Q: Excuse me, just answer my question. Are you
actually telling us that you consider those troops, those
Army military, all types, all branches, Navy-
MS. MCNEICE: Objection.
MR. HARDIN: Excuse me, let me finish my
question.
THE COURT: He can finish the question and
I'll him to answer it-I'll allow it to be answered.
Q: Are you saying that you meant there, and in your
testimony now, that you wouldn't want him to be able to go
up to those military veterans or active duty people?
A: He wasn't just going up to the people, he was
going up to my staff, who's standing right there with the
people. I asked him to stay away from our group.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 179
THE COURT: All right-
Q: I was-
A: I didn't say stay away from every troop in the
NASCAR track, just stay away from my particular group.
THE COURT: Okay, all right, so ma'am, I
need some clarification with regard to what your
organization does at the NASCAR track with the
troops, so that I can fully understand this exchange
that we've just had.
THE WITNESS: We bring between eight and 12
wounded service members, sometimes they're active,
sometimes they're veterans, so they're out of the
system-
THE COURT: Mm-hmm.
THE WITNESS: --and I usually have two staff
bringing these guys around.
THE COURT: Mm-hmm.
THE WITNESS: And they go around and meet
with various teams. We have activities for them
during the day to go to pit road, to go to the
drivers' meeting, to meet with certain drivers, to be
a part of the pre-race ceremonies.
THE COURT: Okay.
THE WITNESS: So this is a small group.
There's a lot of troops that are at the track,
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 180
1 there's a lot of guys in uniform, but this is my
2 particular group, where they're wearing big Armed
3 Forces Foundation logos, there's no doubt that this
4 is my organization, this is my staff that's working
5 there. He knows who these guys are, and I just asked
6 that he stay away from our particular group.
7 THE COURT: Okay. So you asked Mr. Busch
8 that?
9 THE WITNESS: Yes.
10 THE COURT: Okay.
11 Q: And so are you saying, ma'am, that these members
12 of the military, some of them wounded warriors?
13 A: Yes.
14 Q: And some of them are Army veterans or military
15 veterans?
16 A: Yes.
17 Q: And some are on active duty, unwounded?
18 A: I said this, yes.
19 Q: And you seriously think they wouldn't like to
20 meet one of these NASCAR drivers? You want to keep them
21 away from one of these NASCAR drivers-
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MS. MCNEICE: Objection, calls for her to
speculate on-
THE COURT: [Interposing] You've got to let
him finish the question, then we'll figure out what
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 181
1 the objection is.
2 Q: Do you think it's appropriate, because of your
3 dispute with him, to keep them away from him?
4 A: I absolutely believe it's appropriate for stay
5 his distance away from my staff. And he came up to them
6 in a place where they were in a confined space in a
7 corner, where my staff cannot get away from him, and he
8 was trying-he was attempting to talk to my staff as well.
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THE COURT: Okay. Was there a reason,
ma'am, why you believe that it was inappropriate for
Mr. Busch to be around your staff?
THE WITNESS: Because they've been trying to
bribe my staff, they've been trying to get my staff-
harass my staff.
THE COURT: When you say "they", who do you
mean by that?
THE WITNESS: Mr. Hardin's crew, and Kurt
has called some of my staff members. He's been
trying to say "You better tell her to leave me alone.
You better tell her not to go to the police." They
have threatened me.
THE COURT: Okay. So your perception was
that Mr. Busch was trying to communicate with your
staff about this matter?
THE WITNESS: Yes sir. That's why I asked,
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1 just please-
2 THE COURT: [Interposing] Not this matter,
3 because this matter wasn't filed yet-
4 THE WITNESS: Right.
5 THE COURT: --but okay.
6 THE WITNESS: But he knew about it.
7 THE COURT: Right, I got it. Mr. Hardin?
8 Q: Could you tell me who we have supposedly
9 threatened or bribed?
10 A: You named some of my staff members, and do I know
11 these people.
12 Q: Which ones did we threaten?
13 A: Matt Ballard. You also threatened the preacher,
14 Nick Terry. I was on the phone with him last night.
15 Q: We threatened him?
16 A: Yes, you did. And then you also bribed him and
17 tried to get him to change his story.
18 Q: How did we bribe him?
19 A: That's what he said to me.
20 Q: No, how did we bribe him?
21 A: He said that you offered him financial
22 assistance.
23 Q:
24 A:
25 Q:
Really?
Yes.
Who did he say did that ma'am?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 183
1 A: Your office. Just like my staff member, Matt
2 Ballard, told me the same thing.
3 Q: Are you saying that either one of those men would
4 come here and swear under oath to that?
5 A: And they said that Kurt said that he'd be willing
6 to talk.
7 Q: Did what?
8 A: You're asking me what they said. This is what
9 I've been told.
10 Q: I want to make sure we have this now, because
11 obviously what you're accusing us of is a crime, you
12 realize that?
13 A: You bet.
14 Q: Pardon?
15 A: You bet.
16 Q: Okay. So I want to make sure that-
17 A: [Interposing] You have reached out to my staff
18 members.
19 Q: Excuse me, let's just let me finish the question.
20 I want you to give me the name and details. Because as an
21 Officer of the Court, he has an obligation, they have an
22 obligation, to report this. Because you are accusing us,
23 under oath, of a crime. So let me get this in. Matt
24 Ballard.
25 A: Matt Ballard.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 184
Q: Was?
A: Contacted by your office.
Q: Right. And what are you accusing us under oath
of saying?
A: Saying that you would help Kurt out.
Q: Who?
A: You told Matt that-Matt told me that you guys
asked him to help Kurt out.
Q: What's wrong with that?
A: Offering him a job.
Q: Who offered him a job? Are you suggesting that
somebody offered Matt a job?
A: Yes.
Q: Who offered Matt a job, and what job did they
offer?
A: To work for him, for PR.
THE COURT: So this is something that
someone told you ma'am.
THE WITNESS: Yes.
THE COURT: You obviously weren't-
THE WITNESS: I did not-
THE COURT: --a witness to any of this.
THE WITNESS: I wasn't witness to this
conversation.
THE COURT: This is somebody that told you-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 185
THE WITNESS: This is what-
THE COURT: --what happened?
THE WITNESS: --they're telling me.
Q: And who-
THE COURT: Okay, so you can't state for a
fact that that happened, all you could state-
THE WITNESS: Is what-
THE COURT: --is that somebody told you
that.
THE WITNESS: Yes. And he asked me what
they said.
THE COURT: Okay, all right.
Q: Did you ever see Caine Mutiny, the movie?
A: No.
Q: Or read the book?
A: No.
Q: All right.
THE COURT: That's kind of an old one for
somebody her age.
MR. HARDIN: It is, but the movie was
redone.
THE WITNESS: I'm going on what somebody
said to me. I have no direct knowledge.
THE COURT: I got it.
THE WITNESS: This is what they told me.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 186
1 THE COURT: I understand. It's not
2 something that you're saying that they did, it's
3 you're telling us that somebody told you-
4 THE WITNESS: Told me.
5 THE COURT: --they did it.
6 THE WITNESS: Yes.
7 THE COURT: I got it.
8 Q: And who else? And who was supposed-
9 A: [Interposing] And I heard a voicemail from
10 Rusty's office, from one of his associates to my employee,
11 Matt Ballard, that we have a copy of, that I believe he
12 gave to the police, that said "We believe that-Kurt gave
13 us your number and he said that you'd want to talk to us."
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THE COURT: Okay.
Q: So what was wrong with that?
THE COURT: That's-I mean-
A: My employee.
THE COURT: Okay, here's the deal, okay?
You can-
20 Q: All right, let me see if I-
21 A: [Interposing] And that's not, that's not the only
22 time. But when I spoke with Nick Terry, he said that-
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MS. MCNEICE: [Interposing] I think we've
gotten far afield of anything-
THE COURT: I agree.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 187
MS. MCNEICE: --that's related to the PO.
MR. HARDIN: Here's the problem-
THE COURT: I certainly understand that, Ms.
McNeice, but here's the deal, Mr. Hardin sort of
worked his way into this circumstance where Ms.
Driscoll has indicated that others have told her that
his office has attempted to-
MR. HARDIN: Bribe.
THE COURT: --manipulate them, manipulate
members of her staff, and obviously that in and of
itself is particularly relevant, because, to be
honest, I'm dealing with what comes out on the
witness stand as opposed to anything else. But I
will allow Mr. Hardin, because it is something that
deals with the integrity of him and his office, to
ask some questions with regard to the utterances that
were made to this witness as it relates to that.
Now Mr. Hardin, I'm not going to let you
take up the rest of the day doing this, but I will
certainly give you some leeway with regard to asking
the witness who said what to her about what they're
saying your office did.
MR. HARDIN: Thank you.
Q: Now, I just want to get enough detail so that we
can move on. So that somebody outside of this courtroom
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 188
1 today can look into this, okay?
2 What is it that you say you were told that Mr.
3 Ballard was said-was told that was wrong? I mean, I
4 believe you said we threatened and bribed. And so, what-
5 A: [Interposing] He told me that he felt threatened.
6 THE COURT: Mr. Ballard told you that?
7 Q: Mr. Ballard-
8 A: Mr. Ballard told me that.
9 Q: And did he tell you how he-was a threat made by
10 somebody in our office?
11 A: I told him to go to the police.
12 Q: Okay, was he-do you know whether he did or not?
13 A: I do not know.
14 Q: All right. What did he say he was threatened?
15 A: I did not get into it, I told him to go to the
16 police. He told me that he felt threatened. This is one
17 of the reasons I did not want Kurt around my staff. I'm
18 not-I do not want him around my staff.
19 Q: So he felt threatened by whom, the lawyers or
20 Kurt?
21 A: By your-he said your office.
22 Q: All right, my office. Not our client, our
23 office. Did he tell you who it was?
24 A: I'd have to listen to the voicemail message,
25 because he left his name.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 189
1 Q: And did he-he left his name on a voicemail?
2 A: Yes.
3 Q: And you're saying that that message was a threat?
4 A: No.
5 Q: Okay.
6 A: But he just, to prove to me that your office was
7 reaching out to my staff.
8 Q: And what is wrong with that, I'm trying to
9 understand?
10 A: Why are you reaching out to my staff?
11 Q: Well, if your client was accused of something-let
12 me put it another way, let me ask the question. If you
13 were accused of something wouldn't you want your lawyer to
14 try to talk to as many people as possible to find out what
15 they know?
16 A: You're reaching out-but my staff, who was not
17 present at the time of the assault? What does that have
18 to do with anything?
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THE COURT: Ma'am, we're going to move on
from this particular aspect of things. Because the
fact of the matter is that it is appropriate for
attorneys and their staff to investigate the identity
of witnesses who may have information as it relates
to an ongoing matter.
THE WITNESS: Being involved in this type of
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 190
1 thing, I'm sorry, it got my staff very nervous and
2 scared that lawyers were calling them-
3 THE COURT: I get it.
4 THE WITNESS: --this guy, who's a famous
5 lawyer, who's getting athletes off for doing all
6 kinds of stuff, is calling them. They're concerned.
7 They're 20 something years old.
8 THE COURT: Okay, but here's the deal, okay,
9 I get that that's why you wanted Mr. Busch to stay
10 away from your staff, and we'll move on, because it
11 is entirely legitimate for Mr. Hardin and his staff
12 to investigate. And to be honest, if folks felt
13 bribed or threatened or whatever, they can take
14 action on that, but it's nothing to do with what
15 we're having to do here. I'm going to decide this
16 case based on the evidence that's in front of me
17 about what did or didn't happen in September. Mr.
18 Hardin?
19 MR. HARDIN: Thank you, thank you very
20 much.
21 Q: All right. And then Nick Terry, the testimony
22 was similar about him, just so I can move on?
23 A: Yes. I have no direct knowledge of what you said
24 to people, I only have what they conveyed, feelings, and
25 what their perceptions were to me.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 191
1 THE COURT: Okay.
2 Q: Okay. Now I want to go to that if I may. In the
3 case of Mr. Terry, you went to Mr. Terry immediately; is
4 that right?
5 A: Yes sir.
6 Q: And if Mr. Terry was to say that neither he nor
7 his wife-she was there, right?
8 A: Yes.
9 Q: Saw anything that was physical, any marks, any
10 redness, anything, any physical marks on you at all when
11 you came to their trailer-
12 A: [Interposing] They told me they-
13 MS. MCNEICE: Objection.
14 MR. HARDIN: I'm asking-
15 THE COURT: Hang on a second. He's asking
16 her a question and he's not asked yet.
17 Q: If they were to say that, would that be true or
18 untrue?
19 A: Untrue.
20 Q: Okay. So is it your testimony that Mr. Terry and
21 his wife should have been the marks on you?
22 A:
23 Q:
24 A:
25 Q:
They told me that my neck was red. I asked them-
So is it your testimony-
--"Did you see anything?"
--that they should have seen the marks on you?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 192
A: They told me yes, they saw the red marks on my
neck.
Q: And if they have told anyone else differently
that would not be true, according to you; is that right?
A: Correct.
Q: Okay. Now, when you had your later conversation
in the car-do you realize when I was asking you about Mr.
Sniffen, that is Richard Andrew Sniffen?
A: Okay.
Q: Usually goes by Andrew Sniffen?
A: He goes by Richard Andrew.
Q: Richard Andrew. Okay. When you were talking to
him, did you later call him several times repeatedly after
the event?
A: Couple of times.
Q: Okay. Did you go seek counseling from him?
A: I was talking to him as a counselor, yes.
Q: Okay. Now, can you point us to any-would you
agree that you and Mr. Busch communicated frequently by
text?
A: Before this-
Q: During your relationship. During your whole
relationship.
A: Yes.
Q: Text was the preferred way, rather than email?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 193
1 A: He doesn't email.
2 Q: Okay. Can you help us out with any text that you
3 may have from September the 21st?
4 A: But our preferential communication was talking on
5 the phone, not texting.
6 THE COURT: Okay, well, he's just going to
7 ask you about texting and you can talk about other
8 stuff.
9 Q: Can you point us to any text since September the
10 21st until today in which Mr. Busch has threatened you in
11 any way?
12 A: I'm telling you that my per-
13 Q: No, no, please-
14 A: My perception of some of his texts may not be the
15 same as yours. And yes, I take some of his texts very
16 threatening.
17 Q: And-
18 THE COURT: And I think one of the-where we
19 may be missing each other, Mr. Hardin, is you're
20 using the threatening, and she's interpreting it to
21 be other than physical, and you're thinking physical.
22 Q: Any-can you point us to any text or any
23 documents, or any physical evidence that since September
24 the 21st until today, that Mr. Busch has in any way
25 physically threatened you?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 194
1 A: You have the pictures from what happened that
2 night, but there are no text messages where he physically
3 threatens me.
4 Q: You would agree that we have the pictures that
5 you took of yourself, correct?
6 A: Correct.
7 Q: In which you say that whatever is shown on there
8 is somehow caused by him, correct?
9 A: They were.
10 Q: And can you point to any text exchanges between
11 Mr. Busch and you in which you've said that?
12 A: Yes. I already did to you.
13 Q: Talking about physical?
14 A: Yes.
15 Q: Which one?
16 A: Yes, we just went through them Rusty.
17 Q: Yeah, thank you very much.
18 THE COURT: Okay-
19 A: And I said that-
20 THE COURT: --are you talking about the text
21 messages in Respondent's 2?
22 THE WITNESS: In Respondent's 2, yes.
23 Q: Where does it say anything about physical threats
24 or physical harm?
25 A: "You have fucked me up." I don't know how you
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1 take that, but I was talking about physical harm.
2 Q: Okay. I'm only talking about words.
3 A: Yeah.
4 Q: We've heard-
5 A: [Interposing] "You have fucked me up," that is-
6 Q: Ma'am ...
7 A: --that is my term for you have assaulted me.
8 Q: I understand that's what you're saying. What I'm
9 asking you are for words ever exchanged between you and
10 Mr. Busch in which either of you refer to any physical
11 threat or harm he has caused you?
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Q: Words, "You have fucked me up."
THE COURT: I think what Mr. Hardin's
looking for is have you ever used the word assault,
or did Mr. Busch ever use the word assault-
MR. HARDIN: Or hit.
THE COURT: --or hit or strike or choke-
MR. HARDIN: Not just assault.
THE COURT: --or anything like that in your
messages?
THE WITNESS: I did not use those words, I
used "Fucked me up."
Q:
THE COURT: Okay, I got it. So but-
I'm just saying, are there any words about
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1 physical threat or physical harm to you where they use
2 those words, not your interpretation of what you mean by-
3 A: [Interposing] This is not my interpretation, this
4 is what I said.
5 THE COURT: The witness is allowed to tell
6 us what she meant by those words, and-
7 MR. HARDIN: That's fine.
8 [Crosstalk]
9 THE WITNESS: And I said "You fucked me up,"
10 and that's what I mean. And it's very clear about
11 Dover.
12 Q: Are there any other circumstances ma'am besides
13 that?
14 A: Between?
15 Q: September the 20th and today, in which you
16 contend that there is physical evidence of emails, text
17 messages, documents, anything?
18 A: When I also said "I never wanted what happened,"
19 that is my reference to the assault as well.
20 Q: Okay, I'm-
21 A: When I said "You fucked me up," that's pretty
22 clear.
23 Q: Those are the two times?
24 A: I don't know how many more times I have to keep
25 saying it. But I, you know, there's a lot of text
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 197
messages missing here. So between those text messages, I
have to go through them all to figure out in other areas
where I have said you did this to me.
THE COURT: I understand your testimony,
ma'am, and I understand your prior testimony in that
regard, as it relates to these messages.
Q: All right. Now, at the end of the day, when you
arrived that night, how long would you say you were in his
trailer?
A: About ten minutes or so.
Q: How many times do you estimate or believe he told
you you had to leave?
A: Once or twice.
Q: Do you contend to this Commissioner that during
the physical confrontation you contend happened that your
son was there where he could visibly see it?
A: He was at the front, and he was facing the front
of the bus, watching TV.
Q: Do you recall Kurt Busch telling you this was not
an appropriate conversation to have around your son?
A: Never.
Q: Okay. And then when the physical encounter that
you had in some detail described to the Commissioner-how
long did that take place?
A: What do you mean how long did it take place?
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Q: The physical-whatever you contend he did to you?
A: Moments, one, two, three, and that was it.
Q: And then how did it stop?
A: I pushed his hands away from me, told him he was
a piece of shit and a coward, and I ran out. There was no
conversation between him and I at that point.
Q: Did you go get your son?
A: I grabbed my son and ran, as I've testified
already.
Q: I see. And when you did that, is it your
testimony that you were afraid?
A: Yes sir.
Q: And is it your testimony that-did he follow you?
A: No.
Q: Did he try to stop you?
A: I ran.
Q: Did he try to stop you?
A: No.
Q: What is the theory that you have that you were
entitled to stay after he told you to leave his house?
A: He kept talking to me about his team, and going
off about that. He was going off about different subjects
he was talking to me about. He wasn't-he didn't say "Now
leave, just leave, just leave." He kept talking to me
about his race team, and talking to me about his problems.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 199
1 Q: Would you demonstrate for me again how you say it
2 happened? Just with your hands, and specifically put some
3 words to it.
4 A: He grabbed me by the throat and the face and
5 smashed my head into the wall three times.
6 Q: Yes ma'am. So which hand did he grab you by the
7 throat?
8 A: His left hand, right hand smashed my face.
9 Q: Let me see. So his left hand grabbed you where?
10 On your throat?
11 A: Right. here.
12 Q: On your left side? So where, could you point
13 with your finger?
14 A: Like this.
15 Q: Okay.
16 A: Like this, as if I'm standing in front of you
17 like this.
18 Q: Okay. All right.
19 A: And this.
20 Q: I see. And so, the problem is the reader won't
21 know what "this" means.
22 A: I've already described this in great detail. Do
23 I have to keep doing this?
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THE COURT: It's permissible for Mr. Hardin
to ask you questions about what you described. I
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 200
have understood your testimony, and I'll understand
the next answers that you give in relation to that.
Mr. Hardin.
MR. HARDIN: Thank you.
Q: Would you consider yourself a strong woman?
THE COURT: You'll have to qualify that.
MS. MCNEICE: Objection, relevance.
THE COURT: Physically, emotionally,
mentally?
MR. HARDIN: Fair enough.
THE COURT: Strong has a number of
connotations.
Q: By the way, you were-did you go to the doctor
about these injuries?
A: No. I was afraid that when they saw the bruises
on my neck that they would be legally obligated to report
it to the police before I had a chance to talk to my
attorney.
Q: That's why you didn't go to a doctor?
A: Yes, I wanted to talk to my attorney first about
how this was going to affect my custody.
Q: Okay. And so you waited until your attorney came
back from out of the country to go to a doctor?
A: No, I did not go to a doctor. I waited to talk
to my attorney. I was not going to the doctor, to have
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 201
1 the doctors call the police.
2 Q: Okay. So did you go to anybody for any kind of
3 medical attention?
4 A: No.
5 Q: All right. You mentioned the neighbor that you
6 called. Is she here as a witness?
7 A: Mm-hmm.
8 Q: And what is her name?
9 A: Waleska Rodriguez.
10 Q: And you called her over about what time that
11 morning?
12 A: 1:30.
13 Q: In the morning?
14 A: Yes.
15 Q: Do you consider her a good friend?
16 A: Yes.
17 Q: Is she married?
18 A: Yes.
19 Q: And do they live right across the street, next
20 door, or what?
21 A:
22 Q:
23 A:
24 Q:
25 A:
They live right next door.
Do they ever keep Austin?
Houston.
Houston, excuse me. Do they ever keep Houston?
He comes over to play.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 202
1 Q: He goes over their place to play?
2 A: Yes.
3 Q: Why didn't you call them to keep him when you
4 decided to drive over to Dover to see a man whose mental
5 health you were concerned about?
6 A: I told you this already. Because I thought he
7 just needed the love of his family.
8 Q: Well, you remember the Judge interjected and said
9 "So you didn't take him because you didn't have anybody to
10 leave him with," right?
11 A: Yes. And I also that I thought-
12 Q: [Interposing] You said yes, you said yes, right?
13 A: Yes. And I just thought he needed the love of
14 his family, and I was going to be at the event the next
15 day. I just assumed that we would talk and work this out.
16 Q: Okay. So you took your son over there at that
17 time of night, not because you didn't have anybody to
18 leave him with, because you did-
19 A: That was-
20 Q: Excuse me. You did have someone you could leave
21 him with. She could have watched him, couldn't she?
22 A: I didn't see them there. But I wasn't-I thought-
23 Q: Ma'am, I'm just ask-look, this lady is a close
24 enough friend that she came over at 1:30 in the morning,
25 correct? Right?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 203
1 A: Yes.
2 Q: And she's a close enough friend that she's come
3 up here voluntarily to testify, right?
4 A: Yes.
5 Q: So did you not think about calling her at 8:00
6 that night and say, "Listen, I need to go to Dover on a
7 family emergency, can you watch Houston?" instead of
8 taking him into that situation?
9 A: Houston also wanted to see Kurt too.
10 Q: I see. Okay.
11 A: We're always together every weekend.
12 Q: Yes ma'am. But actually, when you came in, the
13 first thing you told Mr. Busch is, "I want you to tell
14 him," pointing to your son, "why it's over."
15 A: No, I did not.
16 Q: You never said that?
17 A: We never had that conversation in front of
18 Houston, absolutely not.
19 Q: Okay, that's fine. At the end, when it was over,
20 did you go get him? "Houston, come back," and again say
21 that-
22 A: Absolutely not. I ran out. I ran out of the
23 motor home immediately. There was no conversation.
24 Q: When you called the lady that you say your
25 mother, she's actually the wife of a former congressman, a
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 204
1 deceased former congressman, right?
2 A: Yes.
3 Q: In Florida; is that right?
4 A: Yes.
5 Q: And she came up, I believe you testified, about
6 the next day or so?
7 A: Yes.
8 Q: And when she came up-and I think you said she
9 stayed Saturday to Monday; is that correct?
10 A: Yes.
11 Q: Did she talk to Houston by herself?
12 A: No.
13 Q: Did at any time she pull Houston aside to see
14 what he saw?
15 A: No.
16 Q: Are you saying the entire time she was up here
17 that didn't happen?
18 A: Yes.
19 Q: Okay. Would Houston have known whether or not
20 you were physically assaulted?
21 A: Houston said that he heard Kurt say some really
22 mean things.
23 Q: Well, I'm not speaking of what was said. I'm
24 talking about physically assaulting you?
25 A: I told you, he was watching TV, facing the other
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 205
1 direction.
2 Q: I see, okay. So your answer-
3 A: [Interposing] And we were trying to be very
4 careful about our conversations around my son.
5 Q: So you're saying he wouldn't know, is that-
6 A: No.
7 Q: Okay. One way or the other. So we come back
8 down to this, we started out today, do we not? This
9 really depends upon whether you're telling the truth or
10 Mr. Busch is, correct?
11 THE COURT: I haven't heard anything from
12 Mr. Busch yet.
13 MR. HARDIN: I understand.
14 Q: But I mean, at the end of the day, assuming Mr.
15 Busch testified, this will really come down to there were
16 only three people there, and one's a child who, according
17 to you, didn't see anything, right?
18 A: Correct.
19 Q: All right, so we're going to have to decide it
20 based on what you say and what Mr. Busch says, correct?
21 A: Correct.
22 Q: Now, would you agree that by the time you went
23 over-I don't expect you will agree with this, but by the
24 time you left and went to Mr. Terry, you talked to Mr.
25 Andrew, and talked to others, took your own pictures, you
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 206
1 had already decided what to do?
2 A: No, I just told you, I needed to talk to my
3 custody attorney. I had decided nothing to do.
4 Q: Isn't it true, ma'am, that this is not the first
5 time that you have alleged a boyfriend or a husband has-
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MR. HARDIN: Excuse me.
THE COURT: Hang on.
MS. MCNEICE: Excuse me.
Q: --has engaged in domestic violence?
THE COURT: You actually have to let the
question come out before you can object to it. And
what's the nature of the objection Ms. McNeice?
MS. MCNEICE: Relevance.
THE COURT: All right. Mr. Hardin, what's
the relevance of whether or not this witness has
previously accused someone else of being abusive?
MR. HARDIN: At least two or three times she
has made the same allegation with men she had a
relationship with.
THE COURT: Okay. So are we going to get
into mini trials regarding whether or not those two
or three people abused her?
MR. HARDIN: No,
THE COURT: Then the objection-
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 207
MR. HARDIN: --whether she made the
allegations.
THE COURT: --is sustained.
MS. MCNEICE: Thank you.
MR. HARDIN: Just so the record's clear, I
was only talking about whether or not she's made the
allegations.
THE COURT: Yes, in the absence of whether
the allegation is true, it's irrelevant. We're good.
Objection is sustained.
MR. HARDIN: Judge, can I just-
THE COURT: You may.
MR. HARDIN: I'm not arguing with you, I
just want to make a point.
THE COURT: Mm-hmm.
MR. HARDIN: That the reason I raise this is
because our contention is is that this is a pattern
she engages in when she has a dispute with a man.
That's the reason. Not whether it did happen,
MS. MCNEICE: Objection, Your Honor. His
furthering discussion, and I presume that's in the
form of summary argument that - - ·
[Crosstalk]
THE COURT: It's not, but it-I do understand
Mr. Hardin's point, but the Court's ruling remains
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 208
1 the same. It is entirely possible for someone to
2 have been abused more than once, and have therefore
3 reported abuse more than once. And that would have
4 nothing to do with the credibility of this witness.
5 The objection is sustained.
6 MR. HARDIN: Now may I have ...
7 [Background conversation]
8 Q: Now, the next day did you also-you mentioned that
9 you were primarily responsible for the public image of Mr.
10 Busch, did you not?
11 A: Yes.
12 Q: And who is a Mr. Healthman [phonetic]?
13 A: He owns a marketing company called Exit 10, and
14 Kurt calls him-
15 Q:
16 A:
17 Q:
18 A:
19 Q:
20 charge of
21 A:
22 Q:
23 A:
24 Q:
25 A:
I'm sorry, it's called what?
Exit 10.
And?
And Kurt hired him to come up with ideas.
Well, he-isn't he really the guy that was in
the public relations for Mr-
No.
Oh I see, he was not?
No, he was not.
Was that you then?
Yes.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 209
1 Q: I see. Well, in that case, did you email Mr.
2 Healthman about any of this?
3 A: Email him?
4 THE COURT: Or text him.
5 A: At what point?
6 Q: I'm sorry-
7 THE COURT: Mr. Hardin and I are stuck in
8 the old days.
9 MR. HARDIN: Yeah, we really are.
10 THE WITNESS: Okay.
11 MR. HARDIN: We really are. Although-
12 THE COURT: When people used to email each
13 other all the time.
14 MR. HARDIN: You're absolutely right.
15 Q: But I'm curious, did you have an email you sent
16 him, text message, excuse me, you sent him that night?
17 A: That night?
18 Q: Or the next day?
19 A: I texted him before I left for Dover.
20 Q: I see. All right. Now, I wonder if I can
21 address this issue, is that what did you tell him before
22 you left for Dover, if you recall?
23 A: That I had taken a picture of Kurt's messages
24 about him laying on the ground, crying on the floor, and I
25 asked him "What do you think I should do?"
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Q: Okay. And is it your testimony he told you
what?
A: That he must be upset because you didn't cave in,
and at the end of the text message said, "Well, I don't
know what you should do, but maybe you should go out
there, maybe he needs the love of his family."
Q: And then, so then did you communicate with him
after that?
A: After what?
Q: After that phone conversation.
A: That was a text message.
Q: All right. Did you communicate-was that you say
on the way? So that would be the - -
[Crosstalk]
A: No, I was not on the way. This was me deciding
whether or not I was going to go out there.
Q: Okay. And then after you went did you
communicate with him?
A: That night? I did not communicate with him after
the assault, no.
Q: At all?
A: Not that night.
Q: Okay. Then did you communicate with him in the
next few days?
A: I saw him at Starbucks on Monday.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 211
Q: Which would have been the 29th? Yeah, the 29th?
A: Okay.
Q: No, I'm asking.
A: I don't have a calendar in front of me.
Q: Let's assume Friday was the 26th.
A: Okay.
THE COURT: The 29th was a Monday.
THE WITNESS: Okay.
Q: So it would have been Monday when you saw him.
A: Yes.
Q: Do you recall sending him an email - - ?
A: A text message.
Q: Excuse me, everybody's-
A: No, I do not.
Q: All right. I'm going to show you, if you recall
maybe, our next exhibit, which is 4.
A: Again, I would like the opportunity to have my
phone, so I'm not trying to be distruthful, I'm just
trying to remember what I have.
THE COURT: I got it. And you can certainly
bring to the Court's attention anything that you
believe is missing from something that's presented to
you. There is no document that's been admitted as
Resporident's 3 as of yet. I've got Respondent's 1
and 2.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 212
1 THE CLERK: Well, he has one, it was the
2 attorney
3 MR. HARDIN: It hasn't been admitted?
4 THE COURT: It hasn't been introduced into
5 evidence yet.
6 THE CLERK: So this will be 3 then.
7 MR. HARDIN: So she wants to mark them only
8 what's been introduced?
9 THE COURT: Yes, yes. She's only marking
10 what's been introduced. You can give something to
11 the witness and have the witness identify it, and
12 then once it's been admitted for me to review, then
13 Ms. Mullins will put a sticker on it and I'll take a
14 look at it.
15 Q: Now, would you look at what has been marked as
16 Respondent's 3 and see if you recognize it?
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A: Okay.
Q: All right? Now, can you-
MR. HARDIN: And we would move, if we could,
to introduce Respondent's 3.
THE COURT: Ma'am, what is that that you're
looking at?
THE WITNESS: This is an actual email.
THE COURT: Okay, that's an actual email?
THE WITNESS: Yes.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 213
THE COURT: Okay.
MR. HARDIN: I just wanted to have one.
THE COURT: I understand Mr. Hardin, I
understand. Ms. McNeice, is there any objection to
this document admitted? Its admission has been
moved.
MS. MCNEICE: None, thank you.
THE COURT: All right, it will be admitted
as Respondent's 3.
[Whereupon Respondent's Exhibit 3 was
admitted into evidence.]
Q: Will you tell us-so this indicates, does it not
ma'am, that you sent, on September 27th, what time does it
show that you sent Mr. Healthman the email?
A: 1:37 p.m.
Q: P.M.? Which is the afternoon. Do you recall
your testimony you were lying in bed in agony all day?
A: Yeah.
Q: And your head hurt?
A: I was not in bed, I was on my couch.
Q: Okay, you laid on your couch most of the day; is
that right?
A: Yes.
Q: Okay. And this looks like, does it not, over on
the second page, someone sent Mr. Ballard-do you know who
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1 that person is?
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A: He's my employee.
Q: This is Mr. Williams?
A: Matt Ballard.
Q: No, looking at the back page.
A: Yes.
Q: The bottom, at the bottom of the second page.
A: Yes.
Q: And who is the person that it is from?
A: Chamine Williams [phonetic] .
Q: And who is that?
A: She's the Weather Channel producer.
Q: For whom?
A: The Weather Channel.
THE COURT: Okay, the Weather Channel is a
cable weather programming station.
THE WITNESS: Yes.
THE COURT: I just happen to be familiar
with that.
MR. HARDIN: A lot of stations have a
weather-never mind.
THE WITNESS: The Weather Channel.
MR. HARDIN: Excuse me, I'm sorry I didn't
catch on.
Q: So for the Weather Channel, is that someone you
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 215
1 know? Do you know-
2 A: Yes, I do know her.
3 Q: Is she a friend?
4 A: I met her, she's an acquaintance I work with.
5 Q: Yes. And so she sent Mr. Ballard, who is an
6 employee of yours-
7 A: Yes.
8 Q: And what is this about, do you know?
9 A: Yes, this is-
10 Q: First intern gone wild [phonetic] .
11 A: Yes, this is the spot that he did on the Thursday
12 that I did not attend.
13 Q: So somebody is forwarding you an interview he
14 did?
15 A: Yes.
16 Q: So, someone gives it to Mr. Ballard and then Mr.
17 Ballard forwards it to you?
18 A: I got this directly from Chamine as well.
19 Q: Okay. And then Mr. Ballard-Mr. Healthman sends
20 that to you I guess, or you send it to him? I'm confused.
21 Help me out what this is. Just describe these two-page
22 exchange for me, in your own words.
23 A:
24 related.
25
I'm not even sure that these two messages were
THE COURT: Okay. But you can only tell the
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 216
1 Court ma'am about what you remember. It would appear
2 as if-
3 THE WITNESS: There seems-yeah.
4 THE COURT: --from the texts-from the
5 subject line of your email to Mr. Healthman that is
6 "Re: Kurt NTWC."
7 THE WITNESS: Yes.
8 THE COURT: Okay.
9 Q: Now, as you look at that, doesn't it look like
10 Mr. Healthman forwarded you an email from her to him?
11 A: Yeah, but I got this from her directly.
12 Q: Pardon me?
13 A: I got this from her directly.
14 Q: I don't care about that.
15 THE COURT: Okay.
16 Q: I'm talking about these documents.
17 A: Yes.
18 Q: All right. And then on the front page you
19 respond to Mr. Healthman, after he forwarded you something
20 that showed an interview with Mr. Busch, correct?
21 A: Yes.
22 Q: And then you say "This is really cool, I really
23 love Kurt and I hope he's okay. So does Houston. I just
24 keep praying he gets out of this funk." Did that
25 accurately reflect your feelings at the time?
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 217
1 A: I'm not spreading my issue of what happened that
2 night to every single person. You think I'm going to
3 respond to every person, "Do you believe what that bastard
4 did to me?" No. This is someone who is also employed by
5 Kurt. And I do think the spot was really cool, and it was
6 done the week before.
7 Q: That's-would you agree the tone of that email is
8 very upbeat?
9 A: Again, I'm not going to make sure that every
10 email that I send to everybody just was telling everybody
11 what happened that Kurt did.
12 Q: And would you agree that this is during the time
13 you told the Commissioner that you were in great pain that
14 day and lying on your sofa?
15 A: Yeah, and I can sit there and text and email on
16 my phone.
17 Q: Okay. Now-
18 A: [Interposing] I still have a job to do Mr.
19 Hardin, and it doesn't stop because he did this to me. I
20 have a responsibility to respond to people. What's going
21 on in my brain is a million things at the same time. I'm
22 not going to deny that I loved him very much. I was with
23 him for four years.
24 Q:
25 A:
What question are you answering?
I'm answering what you said here.
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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN 218
THE COURT: I think she's trying to explain
what-ma'am, I do understand the response that you
made originally to the question. It doesn't require
any further explanation.
Q: Now-excuse me, I'm sorry.
THE COURT: It's all right. I do understand
that sometimes folks have to do things to keep up
appearances-
THE WITNESS: Yes sir.
THE COURT: --and that they might not want
to air their dirty laundry with everybody.
Q: Tell the Commissioner, did you make a video
called "Pocket Commando"?
A: What?
Q: Did you make a video-
A: I never made a video. Somebody had proposed a
reality show to me called Pocket Commando.
Q: All right. Now, would you agree that you've
testified today that you were very alarmed and very
afraid, that's why you ran out?
A: Yes sir.
Q: And that you felt threatened physically by Mr.
Busch?
A: Yes, he just assaulted me.
Q: And you were afraid?
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A: Yes sir.
Q: Okay. And you've testified, have you not, that
you remained afraid for the next six weeks before you
reported it?
A: I have no idea what he's going to do.
Q: Listen-
A: Yes.
Q: Thank you. Now, this reality TV show was
something you were pitching, right?
A: I was not pitching it, no.
Q: I see.
MR. HARDIN: Well, we'll move to introduce-it
would be R-4.
THE COURT: It's got to be 4 at this point,
because I've only got 1, 2 and 3.
MR. HARDIN:
THE COURT: All right, what is it Mr. Hardin?
It looks like you've got a CD or DVD.
MR. HARDIN: I do. What we propose to do is
play it for the Court on a computer. It's about eight
minutes.
THE COURT: Okay.
THE WITNESS: What does this have to do with-
MS. MCNEICE: I-
THE COURT: [Interposing] Hang on a second, I
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PROCEEDINGS 220
don't even know what it is yet, so somebody's got to-
MS. MCNEICE: I don't have a clear picture of
what it is. It says it is "Rusty Hardin and Associates,"
I presume that means his office made a copy of this.
It's described as "Copy of Patricia Driscoll's Pocket
Commando video." She just testified she never made a
video.
MR. HARDIN: Well-
THE COURT: Okay.
MR. HARDIN: --all you have to do is look at
this, these films throughout.
THE COURT: Okay.
MR. HARDIN: What this is, you would find this
on You Tube now.
THE COURT: Okay.
THE WITNESS: You put it on You Tube?
THE COURT: Hang on a second.
MR. HARDIN: It is on You Tube now, and we will
find it. It's in public, and the woman displayed on
this, it is totally inconsistent and unbelievable that
this woman-
THE COURT: Mm-hmm.
MR. HARDIN: --would be afraid, under the
circumstances, of any kind of physical encounter with
this man. It depicts a woman totally inconsistent with
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PROCEEDINGS 221
the way she's portraying both the events that night and
herself.
THE COURT: Do we know when this video was
made?
MR. HARDIN: I think we can ask her.
THE COURT: All right, well, let's lay some
foundation-
MS. MCNEICE: [Interposing] I thought her
testimony was she didn't make this-
THE COURT: Ma'am, did you-were you videotaped
at all for something called Pocket Commando?
THE WITNESS: There was a TV production company
who wanted to follow around my sensors and surveillance
work, my sensor work, out on the border.
THE COURT: Uh huh.
THE WITNESS: And they wanted to make a reality
show of like the Border Patrol, life on the border, and I
agreed not to do it after I saw it.
THE COURT: Okay.
THE WITNESS: So this was not for any public
consumption, this was not on YouTube.
THE COURT: Okay.
THE WITNESS: So I'd be interested to see when
it got put on YouTube, because this was-actually there's
confidentiality agreements between me and the company
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PROCEEDINGS 222
about this.
THE COURT: Okay, well, that's something that's
between you and the company I expect.
THE WITNESS: Yup.
THE COURT: But what we're going to do, I think
what we probably have to do is, we can't sort of admit it
into evidence before it's been identified, so what we're
going to do is, we're going to have to recess and let the
witness view whatever is on this DVD, so that she can
make a determination with regard to whether that's her,
and whether that's something that was videotaped of her.
And then she and counsel can review it, and then we'll
make a determination about whether it's admissible. So
we're going to take a recess so that that can happen.
And we'll make some sort of facility available where they
can-
THE CLERK: They have it right there.
MR. LIGUORI: Your Honor, respectfully,
yesterday we tried to do this, and apparently we've got
to bring our own laptops to get it done. It was-the
Court does not have the technology for it.
THE COURT: I apologize for that.
MR. LIGUORI: So we have the laptop here ready
to rock and roll.
THE COURT: The Chief Justice has promised us a
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PROCEEDINGS 223
new courtroom. I'm just kidding. All right, so we're
going to recess, and what we're going to do is we're
going to set up a facility somewhere where Ms. McNeice
and the witness can review this. We're going to have
Court staff assist in the playing of it, so they can
review it and then we'll come back and make a
determination with regard to its admissibility.
I would prefer that it not be played in front
of the public at large before it's admitted. We're in
recess.
THE CLERK: All rise.
[Background conversation]
[OFF THE RECORD]
[ON THE RECORD]
THE COURT: Good afternoon again everyone. Ms.
McNeice, have you and Ms. Driscoll had an opportunity to
review the content of the disc that Mr. Hardin was
seeking to have admitted?
MS. MCNEICE: Yes. This has been identified as
Respondent's 4. It is a video that apparently was
produced in 2009. It appears to have been-it preceded
Ms. Driscoll's relat~onship with Mr. Busch. It also
appears to be completely irrelevant to any of the
information that's being presented here today. Our claim
is that Mr. Busch assaulted her, attacked her, grabbed
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PROCEEDINGS 224
her neck, grabbed her chin. He had pushed her head or
face, I'm sorry, and pushed her head into a wall.
And I presume they want to show this as this is
really one tough lady, and she certainly couldn't be hurt
and/or wouldn't be that sensitive or be threatened, and
is not fearful. I would suggest that's just not relevant
to this hearing today.
THE COURT: Mr. Hardin?
MR. HARDIN: Well, I think the latter part
addresses our contention. I would respectfully say I
think the Court could do-there's a lot of evidence, and
decide whether to admit it, to look at it, and if you
decide it's inadmissible I think then it doesn't come in.
But I don't know how you, in the absence, would be able
to make an informed decision about it without looking at
it yourself.
THE COURT: Okay. How long is this video sir?
MR. HARDIN: It's eight minutes I believe.
THE CLERK:
MR. HARDIN: About eight minutes.
THE COURT: Eight minutes.
MR. HARDIN: And we'll say that what we're
offering it for is I don't believe anybody could look at
this video and conclude that this lady is, just as her
counsel said, would have been intimidated, afraid, or
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PROCEEDINGS 225
reacted the way she claims she did not only the night of
the incident, but the fear she claims she's had for all
this period of time. This video, and the way she's
portrayed and portrays herself, is totally inconsistent
with that position.
THE COURT: All right, well, I guess I should
take a look at the video and determine whether it's
admissible. And unfortunately that probably means we're
going to have to take another recess. One of the things,
counsel, that we're going to need to do is, we're going
to need to start-because I understand that Petitioner has
one more witness?
MS. MCNEICE: That's correct, Your Honor.
THE COURT: At least. And Respondent has at
least three or four?
MR. LIGUORI: At least four.
THE COURT: Okay, so this isn't going to end
today I expect, unless these are really short witnesses
and we get done with-
MR. HARDIN: We're kind of late - -
THE COURT: --Ms. Driscoll really quickly. No,
no, no, so counsel's going to have to start thinking
about when to continue the trial to. I'm certainly
flexible as I can be-
MS. MCNEICE: I left my-
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THE COURT: --as it relates to that. I have a
full child support calendar for tomorrow, but I can
probably make accommodations and make myself available
tomorrow. It's going to require my colleagues to do some
double duty for me. But I can do that. I've got next
Tuesday, I'm the PFA calendar next Tuesday, but that
means somebody else is going to have to cover the balance
of the PFA calendar. But we can work out days.
So what I want counsel to do is just be
conferring at some point today, and keep an eye on when
we can resume this hearing.
[Background conversation]
THE COURT: So in any event, I guess you all
can discuss that while I'm looking at this video.
MR. HARDIN: She'll bring it right back to you
Judge.
THE COURT: Okay thank you. And I suppose I
should-perhaps the conference room's available for me to
take at it-
THE CLERK: It is.
THE COURT: --to determine whether it's
admissible.
THE CLERK:
THE COURT: All right, and I'll do that.
[OFF THE RECORD]
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[ON THE RECORD]
THE COURT: I have viewed the DVD that was
provided to the Court and that's been proposed to be
admitted, and Ms. McNeice, your objection is relevance?
MS. McNEICE: Yes, Your Honor. I apologize.
THE COURT: Okay. And Mr. Hardin, again, what
issue that is before the Court is the video that I just
saw relevant to?
MR. HARDIN: Whether or not she had a
reasonable fear at the time both of the event and since
then that required the protective order. Whether or not-
-I think it goes to whether or not--her credibility on
the issue of whether or not she was in fear and felt
threatened. And I don't think that video shows a woman
that would be capable of being threatened in the
circumstances she mentions, and I think it goes to that
issue. And whether or not she reasonably would be
someone who would afraid since that time.
THE COURT: Okay. I'll admit this video and I
will give it the weight that I deem appropriate as it
relates to the issue that it's been identified to be
relevant to. And we can move on from there, as I've
already seen it.
[Whereupon Respondent's Exhibit No. 4 was
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admitted into evidence.]
MR. HARDIN: All right, now--
FEMALE VOICE: [Interposing] Do you have our
copy to be admitted?
MR. HARDIN: Do we have one marked?
MS. McNEICE: Yes.
THE COURT: I believe Mr. Ligouri's assistant
may have it.
MR. HARDIN: I've got this marked.
THE COURT: We should actually admit the one
that was just played for me.
MR. HARDIN: That he saw.
FEMALE VOICE: Okay.
MR. HARDIN: And I believe it's going to be 4
now.
FEMALE VOICE: Yes.
THE COURT: Yes.
MS. McNEICE: Ms. Still [phonetic], I believe I
don't have the copy that--
MR. HARDIN: I'll give you a copy in case you
don't have it.
MS. McNEICE: Okay. The copy that he viewed,
was that the copy that I viewed, ma'am?
FEMALE VOICE: Yes. Yes.
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THE COURT: The one that gets admitted has to
be the one that I looked at.
MR. HARDIN: Oh, this one has got 4 on it.
You've already put 4 on this one.
FEMALE VOICE: This is--
MR. HARDIN: [Interposing] Right. That's the
one he viewed.
FEMALE VOICE: And this is the one that he
viewed though.
MR. HARDIN: Okay.
FEMALE VOICE: And we switched - - . She has
the other. I don't have it.
[crosstalk]
THE COURT: Thank you.
MR. HARDIN: And this is the one that she saw
and he saw. - - a copy for your records.
THE COURT: Thank you.
MS. McNEICE: And I need that - - there. Thank
you.
THE COURT: Okay, Mr. Hardin, are you ready to
continue?
MR. HARDIN: I am.
P A T R I C I A D R I S C 0 L L, having been
first duly sworn, testified as follows:
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 230
CROSS-EXAMINATION
BY MR. HARDIN
Q: Now, do you recall in your testimony you talked some
about some things that Mr. Busch had supposedly said about
Tony Stewart and that situation?
A: Yes.
Q: Is that correct?
A: Yes.
Q. Yes. And the Tony Stewart thing you're talking
about is an accident in which somebody on the racetrack was
killed in a car he was driving. Is that a fair statement?
A: Correct.
Q. Pardon me?
A: Correct.
Q: And your contention is that Mr. Busch was saying all
kinds of bad things about Tony Stewart and how that affected
him or so?
A: Yes.
Q: How would you characterize it?
A: That's what I said.
Q: All right, and when was he supposedly saying these
things?
A: What do you mean when was he supposedly saying these
things?
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1 Q: What day, what date? What place? That Mr. Busch
2 was saying these things?
3 A: He said them both that night, on the 26th. And he
4 also said it the 21st. Of September.
5 Q: He said it the 21st?
6 A: Yes.
7 Q: Okay. And then I'm going to show you what has been
8 marked as Respondent 5. And ask you to look at it. This is
9 an email, is it not?
10 A: Yep.
11 Q: And this is an email that you sent to--would you
12 identify who Mr. Zipadelli is?
13 A: He's a team manager.
14 Q: A team manager for whom?
15 A: Stewart-Haas Racing.
16 Q: And so that the - - knows, Stewart-Bass?
17 A: Is the team that Kurt drives for.
18 Q: And Tony Stewart does?
19 A: Yes.
20 Q: So Stewart-Haas is the Stewart of Tony Stewart; is
21 that right?
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A: Yes.
Q: And that driving is the team that Mr. Busch had, was
working on a three-year contract; is that right?
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1 A: Yes.
2 Q: And so this year, 2014, was his second year of that
3 three-year contract; is that right?
4 A: No, 2014 was the first year.
5 Q: First year?
6 A: Yes.
7 Q: Do you think this is the first year?
8 A: 2014 is the first--the 2014 season was the first
9 year of his driving season with Stewart-Haas Racing.
10 Q: How much time does he have left on his contract?
11 A: He has a two-year contract.
12 Q: A two-year, not a three-year?
13 A: No.
14 Q: Okay.
15 A: Not to my knowledge.
16 Q: All right. And we saw an email that was introduced,
17 didn't we, that talked about where he was saying that he was
18 driving for his--he was driving next year for his contract?
19 Do you recall that? If you do.
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THE COURT: I recall seeing one saying that Mr.
Busch observed his team talking to a third-tier driver
and he felt that his job was in jeopardy.
A:
Q:
Yes.
It's the principle. That's basically what I'm
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making.
A: Okay.
Q: Now, all right, you were seeking to help him in this
year, weren't you, in trying to keep that job?
A: Yes.
Q: All right. 'Cause you were helping him with his
career on the racetrack. And August the 12th of this year you
sent an email to Mr. Zipadelli and Mr. Verlander; is that
right?
A: Mm-hmm.
Q: Pardon me?
A: Yes, sir.
Q: And Mr. Jarvis, who is he?
A: Eddie Jarvis is Tony Stewart's right-hand man.
Q: Pardon me?
A: Tony Stewart's right-hand man.
Q: Is that somebody that you contended that Tony was--
that Mr. Busch was saying bad things about earlier?
A: Eddie Jarvis? No, he never said anything bad about
Eddie.
Q: Okay. I was just trying to remember who he was.
Now when you look at Respondent's 5, do you recognize that as
an email you sent?
A: Yes.
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1 Q: Okay, I'll move to introduce. And in this email you
2 were laying out what you consider a public relations approach
3 for Tony Stewart, correct?
4 A: Correct.
5 Q: As to what--how he could try to overcome the
6 difficulty he was in because he was in the public spotlight at
7 that time, right?
8 A: Yes.
9 Q: And the public spotlight was is the criticism of him
10 and everything for having accidentally killed someone?
11 A: Yes.
12 Q: Is that right? And so this email sets out exactly
13 your approach as to how he ought to go about it, correct?
14 A: Yes.
15 Q: All right. I'll move to introduce Respondent's 5,
16 Your Honor.
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THE COURT: Ms. McNeice?
MS. McNEICE: Again, it's relevance, Your
Honor.
THE COURT: What's the relevance of Ms.
Driscoll's advice given to someone on behalf of--who is
operating on behalf of Mr. Stewart about how to
rehabilitate Mr. Stewart's image?
MR. HARDIN: She sets out--well, I think the subject and
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then about Mr. Stewart and all was, I think it's inconsistent
to think she'd be doing all this to try to help a man that she
contends the guy that she was having a relationship with was
badmouthing and everything.
A: He was.
THE COURT: Well, hang on a second.
A: I'm sorry. Go ahead. I'm sorry.
MR. HARDIN: And the second thing is, is that
this reflects accurately her attitude about how to deal
with these kinds of situations of public figures under
attack. And it's a pretty brutal assessment as to what
she's recommending they do.
THE COURT: Okay, I'm--to be honest, I'll take
a look at the document to determine whether it's
relevant, but I'm struggling to see the relevance at this
point.
MR. HARDIN: If I may, while the Court is
looking?
THE COURT: Mm-hmm.
MR. HARDIN: Throughout this document is advice
on how to manipulate the public--public opinion and the
media, and how to attack the victim. And it's replete
throughout this entire email that says the public
approach she's recommending the Tony Stewart people
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 236
fortunately ignored taking.
MS. McNEICE: And that is of course Mr.
Hardin's assessment of this tool. She's writing a letter
to friends about some incident. I again reassert my
objection that it is irrelevant. Her testimony was that
Mr. Busch brought up how Mr. Stewart's actions had
affected his ability to be a race car driver.
THE COURT: That's not exactly what I heard her
testify--
MR. HARDIN: [Interposing] Yeah.
THE COURT: --Mr. Busch was saying, but I do
get it. All right, I think I understand the position
that Mr. Hardin is taking as it relates to the relevance
of this document. And again, I'll admit it and give it
the weight that I deem appropriate, which I expect is not
going to be very much. Mr. Hardin?
[Whereupon Respondent's Exhibit 5 was admitted
into evidence.]
Q: Thank you. Thank you. You actually suggested to
Stewart people that he find people that the deceased
smoked pot with to discredit him, didn't you?
A:
Q:
that
Yes, sir.
You wanted him to look for people that he drank
he got in a fight with. This is a young man who
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 237
1 out on the track that's accidentally run over by another
2 driver, correct?
3 A: Yes, sir.
4 Q: And in order to enhance Tony Stewart's ability to
5 .deal with this you actually wrote an unsolicited email--
6 A: [Interposing] No, it was solicited.
7 Q: Oh, who asked you for this?
8 A: Eddie Jarvis and Kurt suggested that I should also
9 do it.
10 Q: Oh, I see. That you should tell them how to do it?
11 A: Yes. What would be my plan to help.
12 Q: Oh. And are you suggesting that Kurt reviewed this?
A:
Q:
A:
Q:
17 thing says, as the way to go about it?
18 A: It's an approach to dealing with the issue.
19 Q: Okay.
20 A: And it did turn out the kid had drugs in his system.
21 Q: And you--
22 A: [Interposing] And I also have the text message from
23 Greg Zipadelli's wife saying, "Thank you for the email, and
24 the same from Greg." And Zipadelli's wife saying, "They used
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 238
your email. You didn't get the credit you deserved, but they
did. II
Q: I see. And you wanted them to leak things, didn't
you? You say, "The Sheriff is staying quiet on the toxicology
report .. I'm assured they didn't draw blood from Tony, but I
can guarantee they did the victim. If he was drunk, this only
adds to his stupid level. We need a leaked report."
A: Okay.
Q: Is that something that you were recommending to
them?
THE COURT: Were you recommending that someone
leak a report, ma'am--
MR. HARDIN: [Interposing] Yeah.
THE COURT: --or that somebody obtain a report
that was leaked by somebody else?
A: I was recommending that they leak a report that was
obtained by somebody, not to go do something criminal.
Q: Okay. And then you talked about getting Mr. Penske
in. And your whole point is it not over on the third page is,
up at the top, is be on the offensive. Would you agree?
A: Yes.
Q: That pretty much accurately reflects your attitude
toward a situation where somebody has an event that they want
to manipulate and - - .
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 239
A: No, this accurately reflects the situation that
happened with Tony Stewart where I was asked to give some
advice and I did. This does not--this is this situation; this
is not my life.
Q: I see. Did you talk about preparing the witnesses
and everything, about for the media, so that they--
A: [Interposing] Yes.
Q: - - the media?
A: If you're dealing with a hard subject, of course you
sit people down and talk to them about how they are going to
talk and say and practice it.
Q: You actually wanted the media to be reminded of an
8-year-old boy, is it Richard Petty? Had an accident?
A: Richard Petty killed somebody, an 8-year-old child,
in a drag race.
Q: In 1965?
A: And I suggested that Richard Petty come over and
talk to Tony Stewart and talk about how hard it is to
accidentally kill somebody. And that's a bad thing?
Q: And you refer to him as The King, right?
A: That is the nickname he is called--
Q: [Interposing] Yes. Yes.
A: --is The King, yes.
Q: I understand. And you say, "The King has been kept
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 240
alive financially by NASCAR and a lot of the owners."
A: That's true.
Q: "He should be pressured to be the face of this to
help everyone out."
A: Yeah, he should come over and help out Tony Stewart.
Q: So I take it, as you explain it you stand by this?
A: They asked for my recommendations of what to do in
this particular situation, and I gave my recommendations for
this particular situation.
Q: And that is how you would handle this kind of
problem; is that correct?
A: No, this is how I handled--how my suggestions for
this specific problem relating to Tony Stewart and his
incident.
Q: Yes, ma'am. Now, there were letters back and forth.
I want to ask you about a specific exhibit. And our time
together is almost over, okay? But I want to check with you
just about a few things here. Could you tell the Judge who
Todd Barrier is?
A: Yes, Todd Barrier was the crew chief for--former
crew chief for Kurt when he raced at Furniture Row.
Q: All right. And when he ran for Furniture Row that
was how long before he worked with the Stewart-Haas team?
A: He went with Stewart-Bass?
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 241
Q: Pardon?
A: He went with Stewart-Haas?
THE COURT: No, no, I think he's talking about-
A: [Interposing] Oh.
THE COURT: --before Mr. Busch went to Stewart-
Haas.
Q: How long was he with Furniture Row before--when was
this?
A: Kurt was with Furniture Row for one full season and
I think six races. So in 2013 and the end of 2012. And Todd
Barrier is also a personal friend of mine since before I knew
Kurt. Because I did a lot of work with Richard Childress
Racing and my Foundation.
Q: Do you recall calling him after the New Hampshire
incident that ended up at the Boston Airport? Do you remember
calling him?
A: Yes.
Q: And you keep telling him over and over that Kurt
owed you for salvaging his career?
A: No.
Q: Did you tell him you couldn't believe he was doing
Houston this way?
A: What?
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Q: Did you tell him that you could not believe--
A: [Interposing] Is--this is after New Hampshire?
Q: You could not believe that Kurt was doing Houston
this way?
A: Was this after New Hampshire?
Q: Yes.
A: No, I did not say that. No.
Q: Okay. All right. Do you recall him asking you why
you brought your kid?
A: What?
THE COURT: Mr. Barrier?
Q: Mr. Barrier.
THE COURT: Okay.
Q: Yes, sir. Do you recall Mr. Barrier asking you in
conversation after this happened, after the incident on the
26th, to why you took your child?
A: No, he did not.
Q: He didn't ask you?
A: No.
Q: Do you recall telling him that you wanted to ask
Kurt, or you want to tell this boy to his face that you don't
love him any more?
A: No.
Q: Your testimony is that didn't happen?
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1 MS. McNEICE: Objection. I think that there is
2 confusion on who the antecedent for him is. Because he's
3 gone back and forth between what she's told Kurt--
4 THE COURT: [Interposing] Well, I think what
5 we're talking about is a conversation with Mr. Barrier.
6 That's what--
7 A: [Interposing] Right.
8 MS. McNEICE: Okay.
9 THE COURT: --I understand to be the
10 conversation.
11 MR. HARDIN: And, and that's--
12 MS. McNEICE: [Interposing] But he's brought
13 up also what she told Kurt. So I'm having a little
14 trouble following this.
15 THE COURT: All right. I got it. I'm trying
16 to--I understand the question. Ma'am, if you don't
17 understand the question, please just let us know and
18 we'll ask that it be rephrased so that you can understand
19 it.
20 Q: The question I'm asking is did you tell Mr. Barrier
21 that one of the reasons you wanted your son there was for Kurt
22 to tell this boy to his face that you don't love him?
23 A:
24 Q:
Absolutely not.
And then do you recall a premiere movie at the
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 244
NASCAR Hall of Fame in Charlotte?
A: Yes.
Q: When was it?
A: Mid-October.
Q: It was after this September incident, the event that
we're here for?
A: Yes.
Q: Did you see Mr. Barrier there?
A: I did.
Q: Was his wife there?
A: She was.
Q: Do you recall in his presence telling the AP
reporter, Jenna Pryor, that we've talked about before, and
NASCAR's Jeff Burton about what happened, and do you recall
this particular quote? Quote, you were calling Kurt a mother-
fucker and angry for him not showing up for your night?
A: No.
Q: Did that conversation happen?
A: No. I didn't want him there.
Q: Okay. Don't you remember criticizing him in the
emails you looked at for not being there for your night ?
A: What?
Q: Did you criticize him to anybody for not being there
for your night?
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A: I did not want Kurt there. I asked my PR guy to
make sure he was not coming.
Q: Okay. All right. And you recall earlier testifying
to both me and your lawyer that you didn't want any money or
anything from Kurt?
A: What?
THE COURT: I think he's talking about Ms.
McNeice as well as the host.
Q: Yes. Yes.
THE COURT: In her direct examination and your-
-in his cross-examination of you, you were saying that
you didn't want any money from Mr. Busch.
A: I wanted repayment of my expenses and the work that
I've done. I did not--we are not here talking about money. I
did not ask for any relief in conjunction with this
whatsoever.
Q: Ma'am, when did Mr.--your home is in Maryland; is
that right?
A: Yes.
Q: That we've been talking about that you went all back
and did all the security stuff for, right? By the way, when
you went back to Maryland--are you in the kind of a
neighborhood where you have off-duty police for security or
anything?
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 246
1 MS. McNEICE: Objection. Relevance.
2 THE COURT: Are we talking about a gated
3 community?
4 A: What?
5 Q: Either gated or some type of security in the area?
6 A . •. No.
7 THE COURT: Any security in your neighborhood?
8 A: Nope.
9 Q: Okay. Then did you go back--what police would be
10 responsible for your houses?
11 A: Howard County Police.
12 Q: Okay. Did you call the Howard County Police and
13 tell them that you were concerned about whether or not some
14 man was going to come on one of your houses and ask them to be
15 aware of it, and that you were concerned?
16 A: No, because then we would be getting into the
17 situation where I am now having to report why.
18 Q: Okay. Now, do you recall when Mr.--when did Mr.
19 Busch buy his house in North Carolina?
20 A:
21 Q:
22 A:
23 Q:
24 A:
Which house?
Well, does he have a very nice, large house there?
Yes.
Was it in the past year or so?
Yes.
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 247
1 Q: When did he get it?
2 A: September, October.
3 Q: And then y'all also formed a LLC that would--for him
4 to guarantee the purchase of your house, right?
5 A: No, we formed an LLC so that we would start
6 purchasing land together.
7 Q: But the first and only thing you've purchased so far
8 was that he guaranteed your house, correct? He's on your
9 loan?
10 A: Yes.
11 Q: All right. Now, in turn he bought and built his own
12 house when, in North Carolina?
13 A: About nine months, ten months before that.
14 Q: Okay. And did you attempt--and is Mr. Barrier's
15 wife named Jennifer?
16 A: Yes.
17 Q: Is she a real estate agent?
18 A: She is.
19 Q: And did you try to get her to put your name on the
20 title of his house?
21 A:
22 Q:
23 A:
24 Q:
Absolutely not.
Are you swearing that's not true?
Yes.
Good. Have you ever looked at the title and seen
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 248
1 where originally yours and Kurt's name on there? Her name--
2 your name is--
3 A: [Interposing] I have never seen his closing
4 documents?
5 Q: Just a second. Your name is marked off?
6 A: I have never seen the closing documents. I was--I
7 did not sit there to sign them.
8 Q: All right. So if somebody was to testify
9 differently, that wouldn't be accurate, right?
10 A: Correct.
11 Q: Okay. Now I just have a couple of other things with
12 you. You tweet, don't you?
13 A: Yes.
14 Q: And you tweet fairly often, don't you?
15 A: Yes.
16 Q: And during the time all this was pending you
17 continued to tweet kind of pretty often, didn't you?
18 A: Yes.
19 Q: Would you agree that the person on that video is
20 depicted is a sort of a very strong, macho woman? I'm not
21 asking you to agree with anything else. Just would you agree
22 that that's what the video shows?
23 A:
24 Q:
That's how they decided to cut it up, yes.
All right, so that was them cutting it up that way?
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A: Yes.
Q: That wasn't you?
A: And that's why I didn't agree to it.
Q: But that--so it wasn't your idea?
A: Yeah, just 'cause, you know, reality TV is always
100% accurate and never actually cuts anything up, right?
Q: Yeah. Well, I'm just curious. I want to do the
letter, No. 15, please.
FEMALE VOICE: The letter - - ?
MR. HARDIN: No, it's a different one.
Different one, thank you.
THE COURT: No, No. 15 is something that they
are looking at.
MR. HARDIN: From the same guy. Or not the
same guy, but the same subject. Thank you. So this
would be No. 6, would it not?
THE COURT: I believe, yes. Yes.
Q: Now, I'll give you a copy of No. 6. Here, take this
one. And I'm going to ask you, if you will look at that date,
this is a letter, is it not--I'm not going into the contents
yet; it's not in evidence. But this is a letter, is it not,
from your lawyer, Mr. Deceio [phonetic]?
A: Yes.
Q: And it is sent to a man that has been identified as
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a lawyer in Alexandria for Mr. Busch; is that correct?
A: It says Troy, Michigan.
THE COURT: It's addressed to someone in
Michigan.
Q: Mr. Conley. Yeah, Mr. Conley. The same one in the
previous letter of March 13?
A: Yep.
Q: Now, did you authorize your lawyers to tell Mr.
Busch's representative that there were both personal and
professional issues in your relationship that needed to be
dealt with? And we go over to the second page to see if this
was authorized. But these are not limited to the division of
property, the settlement of financial obligations, and
resolution of personal issues that are purely best kept in
confidence between the parties if at all possible. Did you
authorize him to say this? "As I am certain you can
appreciate, Ms. Driscoll's actions will be in large part be
dictated by Mr. Busch's efforts to resolve matters to her
satisfaction." Did you authorize that?
A: I did not authorize it, but he sent it.
Q: And did you agree with it?
A: Am I allowed to explain?
Q: Yes.
A: We had--his name is on my mortgage; it has to come
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 251
off. We had that company together. It has to be dissolved.
I have belongings at his house; he has belongings at mine. My
son has stuff at his house, too. This is a break-up and we
have to get all of our stuff settled. I do not want to be
back with Mr. Busch, but I wanted Mr. Busch to get help. And
I did not want all of his mental issues, alcoholism and
everything else at this point to be a matter of public record.
I wanted him to get help and get treatment for what caused the
actions that night.
Q: Well, ma'am, the date of this is October 22nd, isn't
it?
A: And they had been having discussions for quite a
while.
Q: Yes, ma'am. We're now into a month since the event
happened that you have not complained to law enforcement or
notified them or any family--just yes or no--or any family
groups. Still lawyers are talking and you have a lawyer
making a demand, right?
A: Yes.
Q: You would have to agree with me that we end up here
and over at the police station after your demand disappeared
and you didn't follow through with it?
A: We did not make any demands.
Q: I see. Do you not think language that says that,
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 252
that what happens from here out from a lawyer?
A: And Kurt knows exactly what it was. I wanted him to
seek treatment, and you're--
Q: [Interposing] Well--
A: --trying to twist this around.
Q: So did you on the same date tweet anything about
this?
A: No.
Q: Do you recall tweeting on October 22nd, "I'm always
entertained when a person brings a knife to a fight or plays
checkers with a chess player"?
A: Yes, I did tweet that. It had nothing to do with
this. I've been handling something at my office over the VA
and some claims over a soldier who wasn't being taken care of.
And it was a joke.
Q: So the lady that we saw in tears and so mortified,
understandably, today is tweeting in October after she has
supposedly been so traumatized, the same date her lawyer sends
a demand letter she writes: "I'm always entertained when a
person brings a knife to a fight or plays checkers with a
chess player"?
A: This had nothing to do with this. As I told you, I
didn't even see this letter.
THE COURT: What does the tweeting have to do
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 253
with?
A: As I said, with something at my office to do with a
soldier's VA claim.
THE COURT: Okay.
A: It had nothing--I didn't even see this letter that
he's saying occurred on the same day.
THE COURT: When did you get made aware that
your attorney had sent that letter?
A: Not for a couple of days.
THE COURT: Okay. All right. Ms. McNeice, is
there any objection to the admission of this letter from
Ms. Driscoll's counsel?
MS. McNEICE: Of course. My ongoing objection
as to the relevance of this. There's certainly no
information. It doesn't have a cc on here, and I'll note
that hardly ever do we have a letter going from a client
obviously and that they might receive it the same day
that they sent another tweet on a completely unrelated
matter, as relevant.
THE COURT: Well, obviously the letter I
believe is relevant to motive and will be admitted for
that purpose. The weight that I will give it as it
relates to motive is something that I will determine.
MS. McNEICE: I'm sorry, Your Honor, that would
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 254
1 be something you?
2 THE COURT: Something that I will determine.
3 MS. McNEICE: Oh. Thank you.
4 THE COURT: So I have Respondent's 6.
5 [Whereupon Respondent's Exhibit No. 6 is
6 admitted into evidence.]
7 Q: Now, I want to show you the tweet, and then
8 truly are. This is going to be 7. So look and see.
9 A: Thank you.
10 Q: And I'm seeking to introduce 7, Your Honor, just as
11 an exhibit as we just went over.
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THE COURT: And, ma'am, do you recognize what's
in the document that's in front of you?
A: Yes.
THE COURT: And is that a tweet that you--I
don't know how you do this--that you placed on Twitter, I
guess?
A: Yes.
THE COURT: I'm not a Twitter person myself.
They don't want us to do so in the media. Okay. Then it
will be admitted.
MR. HARDIN: Thank you, Your Honor. I believe
that's all I have.
THE COURT: Okay. What time is it, folks? Is
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 255
there time--
A: [Interposing] Do I get to--
Q: I had moved. I think--
A: [Interposing] Do I get to explain about it? Is
there a question about it?
Q: I think he admitted it.
THE COURT: You've already explained. At least
I've understood you to explain. Oh, wait a minute. This
is a different tweet.
A: No, this is--
Q: [Interposing] Well, I think it's all the same.
MS. McNEICE: Are we admitting this as a two-
page document? I don't see--
MR. HARDIN: We could take off the top page
because the first one--I think she agreed it's all stuff
she has tweeted.
THE COURT: Okay.
MS. McNEICE: I'm sorry, what part are we
admitting, Your Honor.
MR. HARDIN: The second page.
THE COURT: Well, obviously at the top of the
second page there's a tweet that says I'm always
entertained when a person brings a--something--
MR. HARDIN: It's a drawing of a knife.
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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN 256
THE COURT: A knife to a gunfight. Okay. Or
plays checkers with a chess player. Okay, that's fine.
It's admitted as something that this witness tweeted and
[Whereupon Respondent's Exhibit No. 7 was
admitted into evidence.]
THE COURT: All right, so the Court is now
closed, just for everyone's information. So Ms.
McNeice, I'm assuming redirect is next?
MS. McNEICE: That's correct, Your Honor.
THE COURT: Okay. And is this something
that you believe you're going to need to do on another
day? It's 4:30 now. Are we through redirect or any
time soon, or is it something that we need to--we're
going to have to reconvene. I can't keep - - out in
the building and keep the building open much after
4:30.
MS. McNEICE: I think it may take me longer
than ...
THE COURT: All right, so then I will hear
from counsel--
MS. McNEICE: [Interposing]· Than the
remaining time.
THE COURT: --and the parties with regard to
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PROCEEDINGS 257
when they would like to reconvene this hearing.
MR. HARDIN: 8:30 in the morning.
THE COURT: Ma'am, you're still on the
witness stand, so you can't discuss with anyone your
testimony between now and the time that you resume the
witness stand.
MS. DRISCOLL: Okay.
THE COURT: And that includes your attorney.
MS. DRISCOLL: Right.
MS. McNEICE: I'm sorry, and--
MR. HARDIN: [Interposing] I think I was
apart, but I think they talked about first thing in
the morning.
THE COURT: Tomorrow morning?
MR. HARDIN: If that would suit you, Judge.
THE COURT: Okay, well, I will make
arrangements for it to suit.
MS. McNEICE: Your Honor, I have a hearing
tomorrow at 8:45. It should take about an hour, so if
we could start at 10:00 that would be--
THE COURT: [Interposing] Okay, 10:00
tomorrow then?
MR. HARDIN: That's fine with us, Judge.
THE COURT: All right. Thank you all.
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PROCEEDINGS
COURT OFFICER: All rise.
THE COURT: And we're recessed.
[END HEARING]
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259
C E R T I F I C A T E
I, Aimee Rubinowitz, certify that the foregoing transcript
of proceedings in the Family Court of the State of
Delaware, County of Kent of Patricia P. Driscoll v. Kurt
T. Busch, File No. CK14-02747 was prepared using the
required transcription equipment and is a true and
accurate record of the proceedings.
Date: December 26, 2014 --------------~~~~~~~~~~~-----------------
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260
C E R T I F I C A T E
I, Rita Dillingham, certify that the foregoing transcript
of proceedings in the Family Court of the State of
Delaware, County of Kent of Patricia P. Driscoll v. Kurt
T. Busch, File No. CK14-02747 was prepared using the
required transcription equipment and is a true and
accurate record of the proceedings.
Signature:
Date: December 26, 2014
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