IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF AMADOR ---oOo--- The People of the State of California) Plaintiff, ) ) vs. ) No. 98-0767 ) ROBERT ROLAND WOMACK, DAVID STERLING ) MASON III and MARK SHERRILL, ) Defendants. ) _____________________________________) PROCEEDINGS HELD BEFORE THE GRAND JURY NOVEMBER 20, 1998 VOLUME VII APPEARANCES: For the People: DAVID J. IREY Deputy District Attorney Reported by: JAN BENEDETTI-WEISBERG, CSR No. 4643 ---oOo--- 1820 1 WITNESS INDEX 2 Page LANCE HAYDEN 3 Examination by Mr. Irey 1824 1839 4 RICHARD PAUL 5 Examination by Mr. Irey 1832 6 RUSSELL MOORE Examination by Mr. Irey 1834 7 1840 1852 8 PATRICIA VAN DE POL 9 Examination by Mr. Irey 1842 10 ---oOo--- 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1821 1 E X H I B I T S 2 Exhibit No. Description Ref. 3 4 4 Cassette Tape 1897 5 5 Blow-up of check 1873 6 50 KRL Financial Statement 1877 7 53 Photograph 1901 8 54 Photograph 1902 9 57 Accounting of Checks 1902 10 64 Two checks to Womack 1912 11 79 Tape of Meeting 1839 12 80 Seized Items 1898 13 81 Seized Items 1872 14 82 Seized Items 1888 15 83 Seized Items 1888 16 84 Seized Items 1874 17 106 Seized Items 1928 18 107 KRL Financial Statement 1879 19 108 Seized Items 1870 20 109 List of Evidence Seized 1869 21 110 Accounting of Checks 1903 22 111 Copy of Check 1908 23 112 Copy of Check 1910 24 113 Copy of Check 1910 ---oOo--- 25 1822 1 JACKSON, CALIF., FRIDAY, NOVEMBER 20, 1998, 9:00 A.M. 2 BEFORE THE GRAND JURY OF AMADOR COUNTY 3 ---oOo--- 4 THE SECRETARY: (Redacted.) 5 GRAND JUROR XXXXXXX: Here. 6 THE SECRETARY: (Redacted.) Here. 7 Redacted.) 8 GRAND JUROR XXXXXXXX: Here. 9 THE SECRETARY: (Redacted.) 10 GRAND JUROR XXXXX: Here. 11 THE SECRETARY: (Redacted.) 12 GRAND JUROR XXXXXX: Here. 13 THE SECRETARY: (Redacted.) 14 GRAND JUROR XXXXX: Here. 15 THE SECRETARY: (Redacted.) 16 GRAND JUROR XXXXXXXXXX: Here. 17 THE SECRETARY: (Redacted.) 18 GRAND JUROR XXXXXXXX: Here. 19 THE SECRETARY: (Redacted.) 20 GRAND JUROR XXXXXX: Here. 21 THE SECRETARY: (Redacted.) 22 GRAND JUROR XXXXXXXX: Here. 23 THE SECRETARY: (Redacted.) 24 GRAND JUROR XXXXXX: Here. 25 THE SECRETARY: (Redacted.) 1823 1 GRAND JUROR XXXXXXX: Here. 2 THE SECRETARY: (Redacted.) 3 GRAND JUROR XXXXXXX: Here. 4 THE SECRETARY: (Redacted.) 5 GRAND JUROR XXXXX: Here. 6 THE SECRETARY: (Redacted.) 7 GRAND JUROR XXXXX: Here. 8 THE SECRETARY: (Redacted.) 9 GRAND JUROR XXXXXX: Here. 10 THE SECRETARY: (Redacted.) 11 GRAND JUROR XXXXXXXX: Here. 12 THE SECRETARY: (Redacted.) 13 GRAND JUROR XXXXXXXX: Here. 14 THE SECRETARY: (Redacted.) 15 THE FOREPERSON: Here. 16 MR. IREY: First witness is Mr. Lance Hayden. 17 THE FOREMAN: I will remind you, Mr. Hayden, you 18 are still under oath from yesterday. 19 (TIME NOTED: 9:03 A.M.) 20 ---oOo--- 21 LANCE HAYDEN 22 Recalled as a witness herein by the People, 23 having been previously duly sworn to tell the truth, 24 resumed the stand and was examined and testified as 25 follows: 1824 1 EXAMINATION 2 BY MR. IREY: 3 Q Mr. Hayden, in testifying yesterday, you 4 testified that you and Mr. Hall were present at a meeting 5 on 9/2/98? 6 A Yes. 7 Q And part of that meeting was 8 tape-recorded? 9 A That's correct. 10 Q Did you bring a copy of that tape today? 11 A Yes, I did. 12 Q Do you have the cassette one, please? 13 A The full-sized cassette? 14 Q Full-sized. 15 A Yes. 16 Q And is it your understanding that the 17 small micro is probably the original? 18 A Yes, it is. 19 Q Okay. I am going to mark the small 20 cassette and we will put tape around it as an original. 21 Then if you could set up this -- we will call it a 22 cassette player -- if I don't drop it -- somewhere. 23 THE FOREPERSON: The microphone might be able to 24 pick that up, too. 25 Every time someone talks, the red right 1825 1 will blink. We might want to try using the microphone. 2 THE WITNESS: Okay. 3 THE FOREPERSON: If you people have a hard time 4 hearing -- 5 THE WITNESS: Find out where we are at here on 6 the tape. 7 It's going to be really difficult to 8 hear. 9 MR. IREY: Try the micro and see if this tape 10 recorder will go into that. 11 THE FOREPERSON: That's actually more audible. 12 GRAND JUROR: I have batteries in my car if you 13 need new batteries. 14 THE WITNESS: Let's rewind this here to the 15 beginning. 16 The biggest problem that we had was, like 17 we discussed before, that Mr. Womack was sitting so far 18 away from the tape recorder that it's very, very soft and 19 and hard to hear. 20 MR. IREY: No luck? I am sorry. We will try to 21 get Mr. Hall to get us -- there is a tape that was 22 audible enough for -- 23 THE WITNESS: That would be that one. 24 MR. IREY: -- for a typist to transcribe. 25 THE WITNESS: That was one the one that she 1826 1 used. 2 Q BY MR. IREY: The one being the copy of 3 the original? 4 A Yes. This -- what she did is, she had 5 this with a set of earphones that she used, dictaphone, 6 where it made it easier to understand and do the typing 7 from. 8 THE SECRETARY: We can't just listen to the 9 transcription of that? 10 MR. IREY: It wasn't done by a court reporter. 11 It was done off of a... 12 GRAND JUROR: We have not tried listening to the 13 original, have we? 14 GRAND JUROR: That was -- the speed was too 15 fast. 16 GRAND JUROR: Why do you have the speed fast? 17 THE WITNESS: Well... 18 Q BY MR. IREY: Mr. Hayden -- no, we can't 19 do the transcript that way. We might be able to do that 20 for trial. I'm sorry. 21 Maybe during your break between now and 22 your 10:30 meeting, you can think of a grand scheme. But 23 if not, Mr. Hayden, I appreciate your bringing the tape. 24 We are going to keep the original tape here, since we 25 tried to move it into evidence. 1827 1 A I will play around with it to see if we 2 can get it where it's audible for the whole group. I 3 know, if each person held the tape individually, they 4 could hear it. That's not possible or not practical. I 5 guess it's possible, but not practical. 6 Q Mr. Hayden, since the next witness is not 7 here until 9:30, why don't I go ahead and ask you a few 8 questions regarding the 9/2 meeting. Okay? 9 A Okay. 10 Q If you remember, did Mr. Womack begin his 11 statement of the facts -- was he the first person to talk 12 about the facts of the case? 13 A Yes. 14 Q Okay. And do you remember him talking 15 about whether or not George is the one that drew up the 16 contract? 17 A I believe he drew up the loan agreement 18 for the property. 19 Q Okay. And then he talked about how he had 20 seen City staff? 21 A How Mr. Womack had seen City staff? 22 Q Correct. 23 A Yes. 24 Q Then he talked about how he was going to 25 build a parking structure? 1828 1 A Yes, office complex. Small office 2 downstairs and parking lot above. 3 Q He had met with -- then he started telling 4 a story about John Begovich? 5 A Yes. On a previous building inspection 6 problem that he had had a few years earlier. 7 Q And how he found that there was a problem 8 with the building, that it was a -- I will read a 9 sentence, and you tell me if you believe -- I don't think 10 this is an effective way of doing it, Mr. Hayden. 11 I will use Mr. Hall to do this if we are 12 unable to get the tape figured out by Monday. 13 A Okay. 14 MR. IREY: I think it's a very important tape. 15 We need to try to get either the transcription in and try 16 to certify it or bring the person in who took the 17 transcription or have you or Mr. Hall figure out how to 18 do the tape. Because I can go through every fourth 19 sentence, that's not going to give the sum and substance 20 of that interview. So I appreciate your time, such short 21 notice. 22 Again, if you have a chance this morning, 23 just give us a call or stop by, knock on the door, and we 24 could start the tape up. 25 THE WITNESS: What I may do, I may contact the 1829 1 Department of Justice, who has some enhancement 2 capabilities, and maybe see about getting the tape to 3 them so they can take out some of the background noise 4 and static out and enhance audio verbal portions of the 5 tape. 6 Q BY MR. IREY: But again, this was a tape 7 of the meeting you were at? 8 A Absolutely. 9 Q When you testified yesterday, you 10 testified to the sum and substance of the conversation 11 that we had? 12 A Yes, I did. 13 Q This would just be the word for word? 14 A Yes, that's correct. 15 MR. IREY: Again, thank you, Mr. Hayden, very 16 much. 17 I apologize to the Grand Jurors. Unless 18 you have a question for Mr. Hayden, I would be happy to 19 ask. 20 GRAND JUROR: Thank you. 21 Q BY MR. IREY: If you know the name of the 22 person who listened and typed up the transcript? 23 A No, I do not. 24 Q Have you been told by anyone that it was 25 Suzanne Hinsell from Lodi? 1830 1 A No, I have not. 2 MR. IREY: Okay. Any other questions of this 3 witness? Okay. 4 Thank you, Mr. Hayden. Appreciate your 5 assistance. I am sorry we didn't go through this before 6 we came in today. 7 THE WITNESS: Okay. 8 MR. IREY: My fault. 9 THE FOREPERSON: You are under the same 10 admonition I read to you yesterday. 11 GRAND JUROR: Are we still on record? 12 THE FOREPERSON: Yes, we are. We are on record. 13 Do you have a witness for us? 14 We can go off the record, Jan. 15 (Off-record discussion.) 16 THE FOREPERSON: Back on the record. I will read 17 the -- we are back on record. Before we go to recess 18 here for ten minutes, I will read this to the Grand 19 Jurors. 20 The Grand Jurors are admonished that they 21 are not to form or express any opinions about this case 22 or discuss it among themselves until the Grand Jury 23 receives the case for deliberation. In addition, no 24 inspection of the evidence should be conducted without 25 the permission of the Foreperson and on the advice of the 1831 1 prosecuting attorney. 2 A violation of this rule could result in 3 a charge of contempt against a Grand Juror who would 4 investigate or view any matters with regard to this case 5 without the entire body of the Grand Jury. 6 We will take a recess until 9:30 a.m. 7 (Recess taken from 9:20 to 9:30 a.m.) 8 THE FOREPERSON: Can we have order, please. Can 9 can we have order, please. We are on the record. 10 MR. IREY: Mr. Paul, P-A-U-L, may have been added 11 to your list. Probably has not been added. I am adding 12 him at this time. I believe his first name is Richard 13 Paul. We will ask him when he comes in. 14 THE FOREPERSON: Go ahead. Stand up here. 15 Mr. Paul, if you could remain standing and 16 raise your right hand. 17 You do solemnly swear that the evidence 18 you shall give in this investigation now pending before 19 this Grand Jury shall be the truth, the whole truth and 20 nothing but the truth, so help you God. 21 THE WITNESS: I do. 22 THE FOREPERSON: The record show Mr. Paul 23 answered in the affirmative. 24 25 (TIME NOTED: 9:31 A.M.) 1832 1 ---oOo--- 2 RICHARD PAUL 3 Called as a witness herein by the People, 4 having been duly sworn to tell the truth, was examined 5 and testified as follows: 6 7 EXAMINATION 8 BY MR. IREY: 9 Q Mr. Paul, could you state for the record 10 your full legal name and spell your last name, please. 11 A I invoke the Fifth Amendment. 12 Q Okay. Are there any documents that you 13 would like the Grand Jury to review that they may not 14 have already seen? 15 A I invoke the Fifth Amendment. 16 MR. IREY: Okay. Thank you for making so many 17 trips, Mr. Paul. I appreciate that. Had I known that it 18 was only going to last 30 seconds, I would have fit you 19 in earlier this week. I apologize for that. Okay? 20 Thank you. 21 THE FOREPERSON: Do we admonish him? 22 MR. IREY: No need. There was no testimony. 23 GRAND JUROR: Who was that masked man? 24 THE FOREPERSON: We are on the record. 25 MR. IREY: I will find the best spelling of Mr. 1833 1 Paul's name that I have with me today. And then before 2 this is over, we will provide to the Members of the Grand 3 Jury the correct spelling of his name as we had it on the 4 subpoena. I have it listed as Richard Louis Paul. 5 P-A-U-L. 6 Mr. Russ Moore from the Highway Patrol was 7 supposed to be here at 9:40, because I thought Mr. Paul 8 would be on. So at this point -- you know, we have been 9 pretty blocked in. We had testimony almost every single 10 hour. This type of thing happens often in trials. 11 Usually, the D.A. has a little more notice. I am sure 12 Mr. Moore will be here in the next ten or fifteen 13 minutes. 14 THE FOREPERSON: We will go off the record then 15 until then. 16 (Recess taken from 9:34 to 9:47 a.m.) 17 THE FOREPERSON: Could we come to order, please, 18 and we will go back on the record. 19 MR. IREY: Russell Moore. 20 THE FOREPERSON: Mr. Moore, if you could remain 21 standing, please, and raise your right hand. 22 You do solemnly swear that the evidence 23 you shall give in this investigation now pending before 24 this Grand Jury shall be the truth, the whole truth and 25 nothing but the truth, so help you God. 1834 1 THE WITNESS: I do. 2 THE FOREPERSON: Thank you. You may be seated. 3 4 (TIME NOTED: 9:47 A.M.) 5 ---oOo--- 6 RUSSELL MOORE 7 Called as a witness herein by the People, 8 having been duly sworn to tell the truth, was examined 9 and testified as follows: 10 11 EXAMINATION 12 BY MR. IREY: 13 Q BY MR. IREY: Could you state your full 14 name and correct legal name for the record and spell your 15 last name. 16 A Russell Alan Moore, M-O-O-R-E. 17 Q Mr. Moore, who is your current employer? 18 A California Highway Patrol. 19 Q And for how long have you been so 20 employed? 21 A Twenty-one years. 22 Q And the last several years, are you in a 23 special unit? 24 A That's correct. I am assigned to the 25 Environmental Crimes investigative unit of the Valley 1835 1 Division Office of the Highway Patrol. 2 Q And that would be what part of California? 3 A That would be the 15 northern counties, 18 4 CHP areas, comprising San Joaquin and Sacramento Valleys. 5 Q And how many are currently assigned to 6 this specific unit? 7 A Within my division, two; and throughout 8 the State, approximately eight. 9 Q So eight people in the entire state are 10 in your current assignment? 11 A That's correct. 12 Q You have been in that assignment for 13 approximately how many years? 14 A Nine years since 1989. 15 Q And have you, as a CHP officer, had any 16 training? 17 A That's correct. 18 Q Training not including hazardous waste or 19 hazardous material. Could you outline that type of 20 your -- that training, and then we will go into the 21 specifics of your other training. 22 A As the same with all other CHP officers, I 23 graduated from the Highway Patrol Academy, which at the 24 time comprised twenty weeks of general law enforcement 25 and traffic law enforcement training. 1836 1 Q Then you were a patrol officer many years? 2 A That's correct. 3 Q Did you have some training to become an 4 investigator? Or how did that work? 5 (Pause in proceedings.) 6 Q BY MR. IREY: Do you remember the last 7 question? 8 A I think it was dealing with how it was 9 that I was chosen to work in the investigative aspect of 10 our department. 11 Q Okay. 12 A Mmmm... I would say that would probably 13 have been a decision made based on the quality of my 14 reports and investigations that I had done while I worked 15 in the field. 16 Q Okay. And then since you have been in 17 this special position, had extensive training? 18 A That's correct. 19 Q Could you give us a short list of that 20 training, please. 21 A Approximately 600 hours of training at the 22 California Specialized Training Institute, which is a 23 division of Office of Emergency Services. Included 24 within that 600 hours was 280 hours of study at CSTI, 25 which qualified me to be designated as a hazardous 1837 1 materials specialist, Certificate No. 25. And that was 2 under the auspices of OES and the State Fire Marshal's 3 Office. 4 The remainder of those 600 hours were in 5 different aspects of hazardous material investigation. I 6 am certified also as an instructor for -- excuse me -- 7 from the Fed EPA as an environmental crimes investigator 8 and instructor. 9 MR. IREY: Sorry, Mr. Moore. At this time, we 10 have a special witness that we have been trying to get on 11 all morning. We will get back to you in the very near 12 future. 13 THE WITNESS: That's fine. 14 MR. IREY: Mr. Hayden is here, and he had 15 previously scheduled engagements at 10:30. 16 THE FOREPERSON: I am going to have to read you, 17 Mr. Moore, an admonition before you exit. 18 THE WITNESS: Okay. 19 THE FOREPERSON: You are admonished not to reveal 20 to any person except as directed by the Court what 21 questions were asked or what responses were given or any 22 other matters concerning the nature or subject of the 23 Grand Jury's investigation that you learned during your 24 appearance before the Grand Jury. 25 This admonition continues unless and until 1838 1 such time as the transcript of this Grand Jury proceeding 2 is made public. Violation of this admonition is 3 punishable as contempt of Court. 4 This does not prevent you from discussing 5 the matter with your attorney if you have an attorney 6 advising you with respect to your appearance before the 7 Grand Jury. 8 We will only do this once. If I could get 9 you to date and sign this admonition? 10 Mr. Moore, Mr. Hayden has to leave at 11 10:25. You will be back on at 10:25. 12 THE WITNESS: I will be right here. 13 MR. IREY: Mr. Hayden. 14 THE FOREPERSON: Mr. Hayden, I will remind you, 15 your still under oath. 16 THE WITNESS: Okay. We will try this again. 17 18 (TIME NOTED: 9:53 A.M.) 19 ---oOo--- 20 LANCE HAYDEN 21 Recalled as a witness herein by the People, 22 having been previously duly sworn to tell the truth, 23 resumed the stand and was examined and testified as 24 follows: 25 1839 1 EXAMINATION 2 BY MR. IREY: 3 Q Good luck. 4 A Okay. 5 Q Mr. Hayden, are you prepared to play a 6 tape marked Grand Jury Exhibit -- 7 A 79. 8 Q -- 79? 9 A Yes. 10 Q Okay. Mr. Foreman, could you try to turn 11 it up here. 12 (Tape playing.) 13 MR. IREY: Mr. Hayden is going to go. We will 14 bring Mr. Moore in and he will continue to play the tape. 15 Is that okay with the Members of the Grand 16 Jury and the Foreman? 17 THE FOREPERSON: Mr. Hayden, you are under the 18 same admonishment as of your previous testimony. 19 THE WITNESS: Thank you. 20 MR. IREY: He is finishing his game of 21 solitaire. Just kidding. 22 THE FOREPERSON: We are on the record. 23 MR. IREY: That's okay to be on the record. I 24 was just kidding. 25 Mr. Moore, we are going to use you as our 1840 1 relief pitcher. 2 THE WITNESS: Might be in trouble if it's 3 electronic. 4 MR. IREY: You have no idea. 5 THE FOREPERSON: Mr. Moore, I will remind you, 6 you are still under oath. 7 (TIME NOTED: 10:20 A.M.) 8 ---oOo--- 9 RUSSELL MOORE 10 Recalled as a witness herein by the People, 11 having been previously duly sworn to tell the truth, was 12 examined and testified as follows: 13 14 EXAMINATION 15 BY MR. IREY: 16 Q Mr. Moore, if you could just play the tape 17 and hold it to the microphone? 18 A Okay. 19 Q On the tape, when I am speaking, I am 20 right next to the tape recorder. It gets real loud. If 21 you could pull it back a little bit? Mostly, it needs to 22 be held as closely as possible. You will be able to play 23 with it. Mr. Womack is the main person speaking. 24 We have a hand signal by a Member of the 25 Grand Jury. I am going to go ahead and rewind the last 1841 1 minute and play it again or try to rewind it, the last 2 minute. 3 THE FOREPERSON: R-E-W. 4 Q BY MR. IREY: Could you flip it over, 5 please. Can you hear most of it? I don't want to record 6 over it. 7 That was Ron. 8 Does it end there? 9 A It appears so. 10 MR. IREY: Thank you, Mr. Moore. We will bring 11 you back. There is a five-minute witness out there. I 12 think it's time for the Grand Jurors to take their 13 morning break though, right? You could rewind it and 14 play it again. 15 THE FOREPERSON: Mr. Moore, the same admonition 16 applies also on the way out. 17 THE WITNESS: Certainly. 18 THE FOREPERSON: To my fellow Members of the 19 Grand Jury, the same admonition applies that I read to 20 you before our very first recess. Let's take a 21 ten-minute break. Be back here at 11:10. Thank you. 22 We are off the record. 23 (Recess taken from 10:58 to 11:10 a.m.) 24 THE FOREPERSON: Nineteen. 25 MR. IREY: Mrs. Van De Pol. 1842 1 THE FOREPERSON: Ms. Van De Pol, if you could 2 remain standing, please, and raise your right hand. 3 You do solemnly swear that the evidence 4 you shall give in this investigation now pending before 5 this Grand Jury shall be the truth, the whole truth and 6 nothing but the truth, so help you God. 7 THE WITNESS: Yes. 8 THE FOREPERSON: Thank you. You may be seated. 9 (TIME NOTED: 11:11 A.M.) 10 ---oOo--- 11 PATRICIA VAN DE POL 12 Called as a witness herein by the People, 13 having been duly sworn to tell the truth, was examined 14 and testified as follows: 15 16 EXAMINATION 17 BY MR. IREY: 18 Q Mrs. Van De Pol. 19 A Van De Pol. 20 Q Mrs. Van De Pol, could you state your 21 entire name for the record and spell your last name, 22 please. 23 A Patricia Ann, capital V-A-N, capital D-E, 24 capital P-O-L. 25 Q Mrs. Van De Pol, do you know whether you 1843 1 received a subpoena? 2 A Yes. And I don't understand it. 3 Q Okay. Unfortunately, you can't ask 4 questions, but maybe I can ask you a question that might 5 be able to explain what your issue is. 6 You understand that this is regarding the 7 underground storage tank removal at 505 Sutter Street, 8 correct? 9 A Yes. 10 Q Okay. But you don't know why you are 11 subpoenaed? 12 A That's correct. 13 Q Weren't you present the day the tank came 14 out of the ground? 15 A Can I explain that? 16 Q Perfect. That's what the Grand Jurors 17 want to know. 18 A Mrs. Womack knows me through cutting wood 19 with my husband on their property at times. They are 20 very nice people that let us have wood for wintertime. 21 And I got talking to her one day about health food that I 22 take, Omnitrition. And she had asked me if I would give 23 her some. So I did. And I told her where she could buy 24 it. 25 And so we went on a while. And she called 1844 1 me up and asked me if I had any, because she was short. 2 And so, Yes, I says, I have some. And I will bring you 3 some. And I says -- she says, I am not going to be home, 4 she says, but you could bring it over by Roland's office. 5 The day -- I believe -- you know, I can't 6 remember dates that great. I believe it was on the 2nd, 7 I brought it over. And Bob come to me and said, She is 8 across the street over there by -- well, across from the 9 station parked. And so I went over there and I brought 10 it to her. I says, What are you doing here? And she 11 says, Oh, we bought the gas station. 12 That's the first I knew of it. 13 Q Okay. That's well before I knew about 14 it. 15 A First I knew of it. 16 Q That's the first you knew that "we," being 17 June and Bob, bought the gas station? 18 A I don't know who bought it. But she put 19 it that the way to me. I don't want to say something I 20 don't know. 21 Q That's the best way. But that's what she 22 said? 23 A Yes. 24 Q And you chatted with her for a couple 25 minutes? 1845 1 A No. I just handed it to her and left. 2 Because she had somebody there in the vehicle with her. 3 Q Mrs. Wolin? 4 A Yes, it was. 5 Q Was she videotaping? 6 A I can't recall that. 7 Like I say, I was there so fast, hand it 8 to her and left. Because I had things I had to do. 9 Q First thing you heard anything about this 10 was because your phone number showed up on their cell 11 phone bill a bunch of times, correct? 12 A That's what your detective said when you 13 handed my husband the -- what do you call? I was 14 mortified. 15 Q Why? It's pretty informal. Why were you 16 mortified? 17 A Why would you get a subpoena for telephone 18 calls? I mean, you know, you know what this has done to 19 me? I don't know who I can talk to anymore. 20 Q Okay. Because? 21 A I am not friends with the Wolins (sic). 22 Like I say, we are not bosom buddies. We just cut wood. 23 I give her vegetables, the niceness, kindness of our 24 heart. There is knitting and crochet on the third call. 25 I think it was the second and third they told me, Ron 1846 1 Hall said. 2 And believe me, Mr. Irey -- is that your 3 name? Or Ivy? 4 Q Yes. 5 A You don't know what this has done to me. 6 I don't know if you could understand. But if I can't 7 talk to somebody, and then get subpoenaed. 8 Q Well, hypothetically, if an underground 9 storage tank was removed illegally on a known date and 10 time, okay, and the most phone calls that day were to a 11 phone number, wouldn't it make sense that people would 12 want to know who Mr. and Mrs. Womack were calling that 13 day? 14 A If they killed somebody, yes. 15 Q But not if they just pulled a tank 16 illegally? 17 A Well, I don't know anything about that 18 kind of stuff. 19 Q Okay. That's what the Grand Jurors get to 20 decide. All they are determining is why would your 21 husband call -- not your husband, I apologize. 22 A Not my husband. 23 Q Why would Mr. Womack or Mrs. Womack call a 24 number plus or minus three hours from when underground 25 storage tank ended up missing for four months? And what 1847 1 is the purpose of the phone call? 2 So that your husband came in, 3 hypothetically, and he said he knew nothing about the 4 underground storage tank. So then a decision was made to 5 ask you if you knew anything about the underground 6 storage tank. 7 A The first he heard about it was when I 8 went home and told him. 9 Q Before that, your husband had operated 10 heavy equipment for Womack. Isn't that true? 11 A Through Wolins. I believe he worked for 12 Wolins. I don't want to get into this. If I can't tell 13 you the truth, I don't want to answer something. But he 14 worked for Wolins and, I believe through him, he worked 15 on a job that Wolins had. I guess I could put it that 16 way to you. 17 Q But you are not 100 percent certain of 18 that? 19 A No, no. 20 MR. IREY: That's pretty much all the questions I 21 have for you. It's just -- I should ask: 22 Q Do you know where the underground storage 23 tank went that day? 24 A Pardon? 25 Q Do you know where the underground storage 1848 1 tank went that day? 2 A Definitely not. 3 Q Have you had conversations with June and 4 Bob regarding the search warrant that was done on their 5 house? 6 A No. Only what I read in the paper. 7 Q So no conversations? 8 A No conversations whatsoever. 9 Q Did Bob ever tell you that he was being 10 treated poorly here? 11 A I haven't talked to Mr. Womack. 12 Q June? 13 A No. 14 MR. IREY: Okay. I told you it would only take 15 about five minutes. At this point, any Member of the 16 Grand Jury has an opportunity to ask you a question. 17 What they do is, they put it down in writing and then I 18 ask it of you, and you answer it just as if I had asked 19 it. 20 Q A couple of days ago, did your house 21 cleaner tell you -- your housekeeper tell you that Lance 22 Hayden had called? 23 A No. Housekeeper? Couple days ago? I 24 don't have a housekeeper. 25 Q Two, three days ago? 1849 1 A I don't have a housekeeper. 2 Q So when Lance Hayden called and a female 3 answered the phone and said, No, Mrs. Van De Pol is not 4 here, this is the housekeeper. Was that you? 5 A That's not me. 6 Q One of your kids? 7 A I don't have any children. 8 A mistress? Is that what you are trying 9 to tell me? 10 Q No. 11 A Well, I mean, you know, there is a lady 12 now involved somewhere. 13 Q No. Hypothetically, Lance Hayden tried to 14 serve a subpoena and was hung up on. I was wondering if 15 you were the person that hung up on him? 16 A There was a guy that called me one day. 17 But I talked to him and I was irritated. I don't like 18 anything over a phone. You come to my door. I have a 19 home. I have a driveway. I have a door. I don't like 20 anybody talking to me over a telephone. 21 Q But June Womack? Because she talked to 22 you a lot? 23 A Well, I know who her voice is. 24 Q Okay. So you don't like the first 25 contact -- 1850 1 A Well, if I don't know nobody, would you? I 2 could have a man out there be trying to rape me. 3 Q Okay. I apologize for that. 4 A You could call me any time. You don't 5 know me. You will see the answer you will get. 6 Q Who was in the car with Mrs. Womack the 7 day you saw her? 8 A What day? 9 Q Okay. Who was in the car with Mrs. Womack 10 the day you dropped the food off to Mrs. Womack across 11 from -- 12 A You mean the health and nutrition stuff? 13 It was Mrs. Wolins. Bill Wolin's wife Sylvia. 14 MR. IREY: Any other questions? 15 Okay. Thank you, Mrs. Van De Pol. At 16 this time, the Foreman has what's called an admonition 17 for you. 18 THE WITNESS: What do I do with this? 19 They didn't take a copy out of here, by 20 the way, when he served this to me. 21 MR. IREY: So you have two copies? 22 THE WITNESS: There's something I am supposed to 23 sign and give to him. I don't know. I have never had 24 one of these before, sir. I am getting an education. 25 See, there was this thing here. 1851 1 MR. IREY: This was a copy for you. You keep 2 this for the duration or you can use it to start your 3 first fire today. 4 THE WITNESS: I am through then, huh? Pleased to 5 meet you. 6 THE FOREPERSON: There is something. I have 7 something I have to read to you. 8 THE WITNESS: Okay. 9 THE FOREPERSON: If you would like, this is 10 exactly what I am going read to you. Okay? 11 You are admonished not to reveal to any 12 person except as directed by the Court what questions 13 were asked or what responses were given or any other 14 matters concerning the nature or subject of the Grand 15 Jury's investigation that you learned during your 16 appearance before the Grand Jury. 17 This admonition continues unless and until 18 such time as a transcript of this Grand Jury proceeding 19 is made public. Violation of this admonition is 20 punishable as contempt of court. 21 This does not prevent you from discussing 22 the matter with your attorney if you have an attorney 23 advising you with respect to your appearance before the 24 Grand Jury. 25 If I could get to you date and sign that I 1852 1 read that to you, it would be much appreciated. 2 THE WITNESS: Today is? 3 THE FOREPERSON: The 20th. 4 MR. IREY: Mr. Foreman, you can turn the 5 microphone down to whatever your previous standard job of 6 excellence was. Thank you. 7 Russell Moore. 8 THE FOREPERSON: Mr. Moore, you are still under 9 oath. 10 (TIME NOTED: 11:23 A.M.) 11 ---oOo--- 12 RUSSELL MOORE 13 Recalled as a witness herein by the People, 14 having been previously duly sworn to tell the truth, 15 resumed the stand and was examined and testified as 16 follows: 17 18 EXAMINATION 19 BY MR. IREY: 20 Q Mr. Moore, how are you doing today? 21 A Just fine. Thank you. 22 Q You were about to tell us about your 23 Federal law enforcement training. Could you briefly 24 describe that. 25 A I attended the EPA school in Glenco, 1853 1 Georgia for two weeks, attending their beginning and 2 advanced environmental crimes investigators course. 3 Returned approximately four weeks or four months later 4 and was certified as an instructor in that same course. 5 Q You are also an instructor in numerous 6 other courses in hazardous materials and hazardous wastes 7 in the State of California? 8 A That's correct. 9 Q Could give us a short list of those you 10 have instructed in the last two years? 11 A Certainly. The environmental crimes 12 investigators courses put on by CSTI. 13 Q Numerous times? 14 A Numerous times. The first responder 15 operational training provided to CHP officers within the 16 Bay Area Northern California offices. 17 Also, the Incident Command Module. That's 18 a week course, also to CHP personnel. 19 Q You are currently the vice president of an 20 organization. Is that true? 21 A That's correct. California Hazardous 22 Materials Investigators Association. 23 Q And is that the largest hazardous 24 materials investigators association that you know of in 25 the United States? 1854 1 A That's my understanding. 2 Q You are currently vice president? 3 A That's correct. 4 Q And you are putting on the training for 5 the entire State of California and others this next 6 spring? 7 A Our conference is a training conference, 8 and I will be the individual arranging for the 9 presentations. 10 Q Okay. Mr. Moore, have you participated in 11 hazardous waste investigations in the past? 12 A Yes, I have. 13 Q Small ones? Large ones? 14 A Both. 15 Q Dozens? 16 A At least. 17 Q Maybe over 100? 18 A I'd say probably less than that. 19 Q Okay. And have you participated in 20 drafting and executing search warrants before? 21 A Yes, I have been the affiant on numerous 22 search warrants. 23 Q And have you participated in large 24 investigations in San Joaquin County? 25 A Yes, I have. 1855 1 Q And I was your prosecutor in those, some 2 of those? 3 A That's correct. 4 Q And a large one was a Falcon Energies. Is 5 that correct? 6 A Rather lengthy and large. 7 Q Multi-state case? 8 A That's correct. 9 Q Hazardous waste clean-up company? 10 A Licensed by the State of California. 11 Q Committing a bunch of felonies? 12 A Yes. 13 Q And you participated in the evidence 14 gathering on that case, correct? 15 A Yes, with the FBI. 16 Q And then another large case you worked on 17 after that was a case involving illegal asbestos dumping? 18 A Yes. 19 Q On one day, did you write and execute five 20 or six search warrants at the same time? 21 A Yes, I did. 22 Q And you were the lead investigator on 23 that? 24 A That's correct. 25 Q And ultimately, you were able to discover 1856 1 the location of the asbestos dump? 2 A Yes. 3 Q And it was eventually cleaned up? 4 A That's correct. 5 Q And another case was Frank Allegri 6 Trucking? 7 A Another lengthy. 8 Q Multiple statutory schemes? 9 A Yes. 10 Q Some search warrants? 11 A Yes. 12 Q Federal and State? 13 A Yes. 14 Q And you were one of the lead investigators 15 on that? 16 A Yes, I was. 17 Q In fact, you still once in a while have to 18 participate in cleaning up Mr. Allegri's properties, 19 correct? 20 A Overseeing the clean-up, yes. 21 Q He spent a couple million dollars doing 22 clean-up. Is that your understanding? 23 A I would say that's conservative. 24 Q When were you first contacted officially 25 on this case? 1857 1 A October 22nd of this year. 2 Q And that was for a specific purpose, if 3 you recall? 4 A That's correct. I was briefed by 5 Investigator Ron Hall as to the progress that he had made 6 in an investigation involving the illegal removal of an 7 underground storage tank on 505. 8 Q Transportation issues? 9 A Correct. 10 Q Hazardous waste issues? 11 A Yes. 12 Q Okay. And the majority of -- is it true 13 that the majority of your job is hazardous waste 14 transportation violations and then whatever illegal 15 activities come from that, that transportation? Or is 16 that not true currently? 17 A I think that my department's philosophy 18 certainly is that they would prefer that I work 19 transportation-related issues. However, there are other 20 statutes on -- 249 in the Health and Safety Code, which I 21 am able to enforce as a CHP an officer. And they are not 22 necessarily confined to transportation. 23 Q Disposal, storage, transportation? 24 A Correct. 25 Q Treatment? 1858 1 A Treatment, yes. 2 Q And then on the periphery, sometimes it's 3 water pollution and hazardous material storage and things 4 like that, but not as far as what your department wants 5 you to do, but as far as statutory schemes being 6 violated? 7 A That's correct. Those things outside my 8 area of expertise, I would refer to an allied agency. 9 Q After being briefed by Mr. Hall, did you 10 draft any paperwork up? 11 A That's correct. I drafted an affiant's 12 statement for support of a search warrant. 13 Q Okay. Go ahead. Walk us through the 14 steps. Not the specifics, please. It's your 15 understanding that you had the search warrant sealed, 16 correct? 17 A That's my understanding. It was the 18 Judge's order, as I understand it. 19 Q You took an order to the Judge. She 20 sealed the warrant? 21 A That's correct. 22 Q Please don't describe the specifics of 23 what is in that warrant. Okay. But if you could talk 24 about the steps that you take and the information that 25 you collect prior to drafting a warrant. 1859 1 A The statute, itself, as it pertains to 2 hazardous materials, has a standard of known or should 3 have known. As a personal philosophy, the way that I 4 conduct my investigation is to make sure that I prove the 5 higher standard, which is absolute knowledge. 6 In reviewing the steps that Investigator 7 Hall had taken, it was apparent to me that a violation of 8 the Health and Safety Code had occurred in terms of 9 removal of an underground storage tank outside the 10 provisions of the Health and Safety Code, i.e., that 11 being that permit from the administering agency, which in 12 this case was the Health Department -- permit had not 13 been issued. 14 Witness statements and further 15 documentation showed that the knowledge was there, in 16 that the tank had been removed at this piece of property 17 earlier, I believe in the late '80s, and had been done 18 with permits, and also done by licensed contractor. 19 The evidence that I saw indicated that that knowledge 20 certainly should have been available to the individual 21 who conducted this operation on May 2nd at 505 Sutter 22 Street. 23 The paperwork also indicated that a 24 corporation, KRL Partnership, was actually the source of 25 the revenue that was going to be used to purchase this 1860 1 property. 2 Q Okay. And so at that point, October 3 22nd, eight days before the warrant was issued, you first 4 had knowledge of the specific facts of this case? 5 A That's correct. 6 Q Although we chat all the time -- because 7 you are pretty much my lead investigator in San Joaquin 8 County, correct? 9 A That's correct. 10 Q Other than David Allen, my real 11 investigator for the District Attorney's Office. Correct? 12 A That's correct. 13 Q You and I have worked together for eight 14 plus years? 15 A Yes. 16 Q We basically brought you in to help Ron 17 Hall draft a hazardous waste search warrant. Is that 18 your understanding? 19 A That's correct. 20 Q And any subsequent search warrants for 21 phone records or things like that, correct? 22 A Yes. 23 Q Because you have learned in your past what 24 about phone records? 25 A They certainly are very valuable in terms 1861 1 of indicating any kind of conspiracy that might have 2 occurred between individuals involved in an illegal 3 activity. 4 Q And the benefit of cell phones as a peace 5 officer is even more succinct, correct? 6 A Yes. 7 Q Incoming call, outgoing call? 8 A Right. 9 Q Incoming call, outgoing call? 10 A And the order and sequence of those calls. 11 Q So, for instance, just knowing May 2nd's 12 phone calls might help identify where the tank could have 13 gone, correct? 14 A It certainly would put one in a good -- 15 good stead of finding where. 16 Q So when you draft your search warrant, 17 some of the paperwork you are looking for are the 18 corporation's and the individual's phone records? 19 A Yes. 20 Q The corporation and the individual's 21 checkbooks and checking accounts? 22 A Absolutely. 23 Q Any knowledge off the computers? 24 A Yes. 25 Q Especially white collar crimes. Does that 1862 1 hold? 2 A For sure. 3 Q Is that what's taught at CSTI? 4 A It's taught everywhere I have attended a 5 course. 6 Q Everywhere. Standard in hazardous waste 7 cases is, Get the paper? 8 A Yes. It's certainly not a vocation for 9 anyone that doesn't like paperwork. 10 Q Okay. Is that the standard, to get the 11 paperwork? 12 A Yes. 13 Q And so you drafted these search warrants 14 to get the paperwork, correct? 15 A The pertinent paperwork, yes. 16 Q That warrant was signed? 17 A Yes, it was. 18 Q It was really two warrants? 19 A Two different sites, one affidavit 20 supporting those two different sites. 21 Q And we got -- we. You had that signed by 22 Judge Harlan the morning of the warrant, correct? 23 A That's correct. 24 Q Somewhere between 8:30 and 10:00? 25 A That's correct. 1863 1 Q And originally, you were going to execute 2 the warrants simultaneously at the two houses at one 3 time, correct? 4 A Yes. 5 Q But you changed, somewhere between 10:00 6 and 11:00 that morning, because of officer safety issues? 7 A That is correct. And the limited number 8 of personnel we had to actually conduct the search. 9 Q And how many people total were there on 10 October 30th in the morning that participated in the 11 search? 12 A Seven, I believe. 13 Q Three from DAI? 14 A Yes. 15 Q Three from -- 16 A Actually four from CHP, if we count the 17 uniformed officer. 18 Q The uniformed officer was just there to 19 show a presence? 20 A As a practice, we try to use a uniformed 21 officer so there is no question about what the 22 individuals are doing there or the lawful presence of 23 being there before the warrant is actually served. 24 Q Because, for instance, if it was a lady 25 maybe, for instance, similar to the lady just on the 1864 1 stand before you, six guys come to the door, that's a 2 little -- 3 A Right. And as a practice, I can tell you 4 that personally, as low key as possible is the standard. 5 I have been in search warrants of attorney offices, of 6 doctor's offices and numerous corporations. And 7 environmental crimes are handled in a much lower key, if 8 possible. 9 Q And in this case, that's essentially how 10 you handled it? 11 A Yes. But there was considerable concern, 12 not personally knowing the individual involved and no 13 record that I could find for weapons violations or 14 anything like that. When I found out that there were 15 weapons in the house, it certainly concerned me for the 16 safety of the individuals conducting the search. 17 Q What do you remember about what time that 18 day you actually knocked on the front door and talked to 19 the carpet cleaner person? 20 A Sometime between 11:30 and 12:00. 21 The problem was that, the front gate was 22 closed. And certainly, we would be concerned to gain 23 access to the front door and notify anyone inside, 24 hopefully, to prevent any destruction of evidence. 25 Unfortunately, because we couldn't get past the gate to 1865 1 begin with, it kind of stymied things a little bit. 2 Q You had no idea whether Bob Womack was 3 there that morning? 4 A I had no idea. 5 Q You didn't get a search warrant signed as 6 soon as Bob Womack left town? 7 A No. I was surprised he wasn't there. I 8 wanted the element of surprise so no evidence was 9 destroyed. 10 Q So you got past the gate, got up there 11 around noon. 12 And how did you -- quickly, in two 13 minutes, just go through the search and what types of 14 items were seized and who actually was doing the search. 15 Whether it was all seven of you or just a couple of you. 16 A When it became apparent that the only one 17 there, hearing equipment running -- it turned out that it 18 was a carpet cleaner. I don't recall his name. We 19 served the warrant on him, went through and did an 20 initial video cam of the residence, identified the areas 21 where the paperwork that -- the paperwork and other items 22 that we wished to seize might possibly be located. 23 The purpose of taking the videotape was to 24 show that that was the condition of the residence or 25 office when we first got there. We also documented some 1866 1 damage to a door that had etched glass that was broken. 2 The purpose being that we didn't want to be accused of 3 damaging property that was already damaged. 4 The house didn't appear as though it would 5 have any of the evidence that -- the paper evidence that 6 we were looking for. We concentrated on an office that 7 was locked. In an adjacent part of the building, there's 8 kind of a breezeway between the main house and I assume 9 must be an addition with a garage underneath. 10 Actually, there were only two people that 11 seized evidence, myself and Ron Hall. The other officers 12 were engaged in actually taking care of the perimeter in 13 case someone should show up. We had one officer out 14 doing that. And the other was to document the condition 15 of the automobiles down in the basement. 16 Because the door that we figured was the 17 office was locked, we used a screwdriver and a hammer to 18 take pins out of the hinges, because it happened to be on 19 the outside, and actually physically removed the door, 20 set it aside, went in and videotaped the office and, at 21 that point, labeled the room, the office, and the 22 furniture in there that we figured probably would contain 23 the evidence that we wanted. 24 Q So at that point, you and Investigator 25 Hall basically did the search? 1867 1 A That's correct. 2 Q For only the items listed on your 3 warrant? 4 A That's correct. 5 Q And you seized items; is that correct? 6 A Yes, we did. 7 Q At that point, what's your normal 8 protocol? Do you write every single thing down on earth 9 that you seized? Or do you write generic groups? 10 A It's a broad -- I am sure you can 11 appreciate we have enough paperwork as it is. It's a 12 general indication of where the material was seized from. 13 And if it's a manila folder with assorted financial 14 statements, that's what would be noted. It's not an 15 in-depth accounting for each piece of paper. 16 However, I would say that, after the fact, 17 after the items have been seized, I would then go through 18 and individually package each page so that it's much 19 easier to refer to on short notice for evidentiary 20 purposes. 21 Q And you did that the days following the 22 warrant? 23 A That's correct. I believe Monday and 24 Tuesday of the following week. 25 Q Okay. And so the warrant was on Friday, 1868 1 October 30th? 2 A That's correct. 3 Q And about halfway through the warrant, did 4 some of the people leave and go to a different residence? 5 A Yes, they did. The other residence of Mr. 6 Sherrill. 7 Q And you didn't participate in the service 8 of that warrant? 9 A No. I was still occupied at the Ridge 10 Road address. 11 Q So somewhere around 12:00 or a little 12 after you got in the residence? 13 A That's correct. 14 Q And Investigator Hall took the video? 15 A Yes. 16 Q And what time were you done by? What time 17 did you leave the house? You are still not done. 18 A I believe we left the residence somewhere 19 around 5:00 p.m. 20 Q So four and a half, five hours total? 21 A Yes. 22 Q Did you break anything? 23 A No. 24 Q Take anything outside the scope of your 25 warrant? 1869 1 A No. 2 Q You took documents related to which 3 businesses? 4 A KRL Partnership, Corporation and 5 specifically, Robert Womack. 6 Q In fact, there was an entire file cabinet 7 of KRL documents, correct? 8 A Yes. But it was well outside the time 9 frame we were looking at. 10 Q You were basically looking at 1998? 11 A That's correct. 12 Q And so you took -- did you take KRL checks 13 for 1998? 14 A Yes, I did. 15 Q Check registers? 16 A Yes. They are carbon copy checks. 17 Q This has been marked Grand Jury Exhibit 18 109. 19 And instead of reading the document 20 numbers, if you could just indicate for the Members of 21 the Grand Jury what you seized in an envelope. And I 22 will try to bring you that envelope and say, That's what 23 we have here. Okay? We are trying to do at this 24 point -- 25 A You want to go line by line? 1870 1 Q Line by line, please. And we are going to 2 go ahead and put all of the evidence that you seized, 3 identify it. And then I will move it into evidence after 4 you leave. 5 So the first one is 1A. 6 A Yes. From the middle desk drawer. 7 Business cards, assorted business cards for Ridge Road 8 Vineyards and Robert Womack. 9 Item No. 2. Business card, Ridge Road 10 Wines, Robert Womack, different style. Business card for 11 Express Travel, Robert Womack. Business card for Arcade 12 Creek Tours, also Robert Womack. An ad for a 2,000 13 gallon tank. State Farm KRL insurance cards for a '98 14 Lincoln town car and a '98 Navigator, Lincoln Navigator. 15 Q This envelope has been marked Grand Jury 16 Exhibit 108, correct? 17 A Yes. 18 Q And is this a copy of the same list? 19 A Yes, it is. 20 Q Okay. And basically, what you do, since 21 this is a short one and there are long ones, you have a 22 large envelope; is that correct? 23 A That's correct. 24 Q Then you put numerous small envelopes 25 inside? 1871 1 A With the individual items. 2 Q That match your list? 3 A That's correct. 4 Q So you seize it, you put it in an 5 envelope. Then you take it away from the house? 6 A Right. And then prepare this list. 7 Q You come back and prepare the list and 8 segregate specifics? 9 A Yes. 10 Q That's what you did on Grand Jury Exhibit 11 108? 12 A That's correct. 13 Q Okay. If you could tell me what the next 14 page is. 15 A The next page is 1A. It should be the left 16 top drawer of the desk. 17 Q Okay. And what types of items were there 18 in the left top drawer of the desk? Again, this is in 19 the KRL office or the office part of the building? 20 A That's correct. The same office that we 21 had to remove the hinges. 22 Q Okay. 23 A The first item is KRL Partnership check 24 register, carbons, blank checks. Register beginning with 25 Check 3869, dated 8/27 of '98. 1872 1 Item No. 2. Miscellaneous deposit slips 2 to KRL bank account of Amador checking account. 3 Item 3. Blank deposit slip, account of 4 Robert or June Womack, U.S. Bank, South Lake Tahoe. It 5 had not been used since '93. 6 Item 4. Another KRL Partnership check 7 carbons, Check No. 3485 to 3937, dated from 1/2/98 to 8 10/5/98. The last item, check registers for Checks 3485 9 to 3869 dated 1/2/98 to 8/4/98. 10 Q Okay. The check register that's in 1A-1B 11 on your list? 12 A Yes. 13 Q Okay. And essentially, that is the check 14 register that I have taken out of the envelope, which -- 15 out of Exhibit 81? Did we just go from 109 -- 16 THE FOREPERSON: Do you want to make a record of 17 that reason? 18 MR. IREY: Briefly. We preprinted Grand Jury 19 Exhibit labels 24 on a page. I think it ends at Grand 20 Jury Exhibit No. what? 21 THE SECRETARY: 84. 22 MR. IREY: Then we jumped to 106. So we are not 23 all the way up to 106, though we may have 106 total 24 before we are done. We lost a page with 24 tags on 25 there. 1873 1 Q Have you looked at this check register? 2 A Yes, I have. 3 Q Have you noticed any deposits over $5,000 4 into this account recently? 5 A I think there is one for 400 something 6 thousand. Excuse me. I stand corrected. $526,564.49 on 7 October 2nd, 1998. 8 Q Have you noticed any -- okay. I can do 9 this. 10 There was a reward check. Do you remember 11 that? 12 A Yes. I don't remember the specific 13 number. 14 Q Okay. It's been marked Grand Jury Exhibit 15 5, Mr. Moore. Check 3887. Do you recognize that 16 blown-up copy of the check? 17 A Yes. I recognize the bank stamp there. 18 Q Okay. In the check register, what does it 19 say about Check 3887? 20 A That particular check number shows that it 21 went to a specific account. The account number 22 0148-200-5XX. And it says the notation, Cash for tank. 23 Q Okay. And although you haven't 24 conclusively determined, do you have an idea whose 25 account that is? 1874 1 A I believe it's probably Robert Womack's. 2 Q San Francisco account? 3 A San Francisco account. Judging from the 4 endorsement on the back. I also discovered numerous 5 other checks throughout 1998 in a total amount of $8,900, 6 being sent to that same account, in amounts as small as 7 $100, with one of them being in the $500 amount. 8 Q But never an account saying Robert Womack? 9 A No. Just that same account number. 10 Q Mr. Moore, what's your next page? 11 A 1C, side cabinet, bottom drawer. 12 Q Okay. Could you read that list, please. 13 A Item 1. Canceled checks and statement for 14 KRL Partnership. 15 Q For what month? 16 A 1/98. 17 Q Okay. Then you could just quickly go down 18 that list. 19 A Okay. Item 2. Same for 2 of '98. Item 3, 20 same for 3 of '98. Again for 4 of '98. 5 of '98. 6 of 21 '98. 7 of '98. 8 of '98. And 9 of '98. 22 Q Where were these found, being Grand Jury 23 Exhibit 84, Mr. Moore? 24 A They were on a -- or inside a side cabinet 25 to the left of the desk. If you were seated behind the 1875 1 desk much as I am seated here, it would be off to the 2 left, low-boy type of cabinet. 3 Q Okay. They are the original canceled 4 checks for KRL? 5 A That's correct. 6 Q And the checks 5 of '98 included many of 7 the underground storage tank checks, correct? 8 A That's true. 9 Q They were made on an account from KRL to 10 individuals and particular businesses; is that your 11 understanding? 12 A To many businesses. They included 13 expenses for house payments, car payments, insurance 14 payments, residence of other parties. 15 Q Larry's house? 16 A Yes. Larry's house, Larry Womack's house 17 in, I believe, Camanche Village. Fees for services 18 rendered for nails to be done, hair to be cut, beauty 19 salons. Just about the whole gamut of domestic type... 20 Q Water bill, phone bill? 21 A Yes, all the utilities. 22 Q Okay. Were there -- if you remember going 23 through the check register, were there any payments to 24 Roland, Kimberly, Larry or Luke, for being in the 25 partnership? 1876 1 A No. There were some cash payments that 2 were noted for Larry, as I recall. 3 Q And a couple little ones for birthday 4 presents? 5 A Yes, for the whole family. 6 Q What's in the rest of Grand Jury Exhibit 7 84? 8 A Item 10. Air Touch phone bill for 4 of 9 '98. Phone number xxx xxx-xxxx and xxxx and xxxx. 10 Item 11, Air Touch phone bill for 5 of '98 11 for the same numbers. 12 No. 12. For 6 of '98, same numbers. 13 Item 13. Air Touch bill, 8 of '98, a 14 final bill. 15 Item 14. An ATT wireless bill begun in 6 16 of '98 for 209 765 -- 17 GRAND JUROR: Could you move that. I can't see 18 his face. Thank you. 19 THE WITNESS: I am not hiding. 209 -- 20 MR. IREY: Long legs, short back. 21 THE WITNESS: Number 209 765-3851, 765-3951. And 22 I believe those are Roland Womack. 23 Item 15. AT&T wireless bill for 7 of '98, 24 same numbers. 25 No. 16. AT&T wireless bill, 8 of '98. 1877 1 Item 17. For 10 of '98, for the same 2 numbers. 3 And the last item being Ledger Dispatch 4 advertisement bill 9/30 of '98. 5 Q BY MR. IREY: That was in KRL's records, 6 correct? 7 A That's correct. 8 Q You didn't see any advertisements to the 9 Modesto Bee or the Record or any other newspaper for Mr. 10 Womack? 11 A No. But I did see subscriptions paid for 12 for various newspapers, Elko, Nevada, Sacramento Bee and 13 so forth. 14 Q Okay. The next evidence? 15 A Would be also from the side cabinet, top 16 drawer at this time. 17 Q Okay. Just a moment, please. And what is 18 that? 19 A That is the KRL Partnership financial 20 statement. 21 Q That's Grand Jury Exhibit 50, a copy? 22 A That's appears to be, yes. 23 Q It was a two-page document? 24 A I believe so. 25 Q Okay. But your envelope would have the 1878 1 original in it? 2 A Should have the original, yes. 3 Q If I haven't taken it out accidentally. 4 A That's correct. 5 Q Okay. Then your next page? 6 A That would be the last item on that 7 particular page. 8 Q Okay. 9 A Okay. The next item is one that was 10 seized by Investigator Hall. It was an 8 millimeter 11 videotape. 12 Q How do you know that was seized by 13 Investigator Hall? 14 A He told me that once Roland Womack 15 appeared at the home, that he provided the tape or the 16 video camera and the tape that was associated with this 17 particular item. 18 Q And in a search warrant, there is one 19 person called a finder; is that correct? 20 A That's correct. 21 Q You were the finder? 22 A I was the finder for all items other than 23 the other site, which I did not participate in, and this 24 particular item, which was given to Investigator Hall. 25 Q Okay. This has been marked Grand Jury 1879 1 Exhibit 107. Is that the KRL Partnership financial 2 statement document you just mentioned? 3 A That's correct. 4 Q That was a 1997 document. Did you see 5 anything for 1998? 6 A No, I did not. 7 Q Okay. And the next page, Mr. Moore. 8 A Okay. This would be the top drawer of the 9 safe. 10 Q And how did you get into the safe? 11 A As I explained, Roland Womack appeared. I 12 believe that he was called. Because it was some 13 speculation that perhaps he may have keys to the -- to 14 the areas that we wished to look at. 15 Q Okay. 16 A With Roland Womack's assistance, the key 17 to the safe was located in an unknown location. He 18 looked around and found one. He also had the combination 19 and opened the safe for me. 20 MR. IREY: If possible, can we go to about 12:15 21 or 12:20 and start about 1:15 or 1:20? If it's 22 impossible? We need to -- 23 GRAND JUROR: No problemo. 24 Q BY MR. IREY: Go ahead. 25 A Okay. 1880 1 Q The safe was opened by Roland Womack? 2 A Yes. And I would add, after the items 3 were seized out of it, I did not allow him to leave the 4 office without sealing it back up and taking the key 5 away. 6 Q There was expensive jewelry? 7 A Yes. There was some coins and jewelry, so 8 forth. And it just seemed most prudent to have him 9 remain there until the items were seized. And then he 10 could seal it and take the key. That way there would be 11 no allegation of anyone removing anything else out of the 12 safe. 13 Q He was in the office the entire time the 14 safe was being looked into? 15 A Yes, right. 16 Q Before I ask you this next question, as of 17 today's date, which is only two and a half weeks after 18 the search warrant, are you sure who KRL is and where KRL 19 keeps all of their money and who actually did the tank 20 pull at 505? 21 A This is one of the most convoluted 22 financial cases I have ever seen in my experience. 23 Q As of today's date, you have to have KRL 24 records, correct? 25 A That's correct. 1881 1 Q That's what you were looking for when you 2 were there? 3 A Yes. 4 Q You were looking for Bob Womack records, 5 too? 6 A I didn't find any. 7 Q Did you find a checkbook with Bob 8 Womack's name on it? 9 A Only the one hadn't been used since '93, 10 U.S. Bank in South Tahoe. 11 Q Did you find a phone book that might have 12 been in Wo -- 13 A I believe they were KRL. 14 Q So go ahead and go through this list, 15 please. 16 A Item No. 1. Corporation grant deed for 17 KRL for twelve parcels. 18 Item No. 2 is a mutual release agreement. 19 I believe that that entails someone backing out of the 20 partnership. I don't know which person that is. 21 Item No. 3. Western Land Title 104.1 22 endorsement for KRL. 23 Item 4. Amador Title reconveyance from 24 5/21 of '91 for KRL. 25 Item 5. Excuse me. KRL note of deed and 1882 1 trust comprised of four pages. 2 Item 6. KRL deed of trust, 3/7 of '95. 3 No. 7. Withdrawal from partnership. That 4 would be for Luke Womack, 3/10 of '94. 5 Item 8. Xerox copy of a title for a 6 mobile home showing Oregon registration. It's a '93 7 Cedar motor home or mobile home. Excuse me. 8 Item No. 9. Second amended statement of 9 partnership from 8/27 of '97. 10 Item 10. KRL deed of trust, 6/6 of '97. 11 Item 11. Withdrawal from partnership, 12 Kimberly Jo Womack, 3 of '94. 13 Item 12. Assignment of deed of trust, 14 Elko, Nevada, 8 of '90. 15 Item 13. KRL grant deed for Assessor's 16 Parcel Number 06-090-01-3 and 06-310-11-4, from 8 of '90. 17 Item 14. Withdrawal from partnership, 18 again, Luke, 3 of '94. 19 15. Withdrawal from partnership, 20 Kimberly. It's another copy. 3 of '94. 21 Item 16. RROS Company deed to KRL 3/8 of 22 '98. 23 Item 17. I believe this is an 24 individual's name, Ask, A-S-K, deed to RROS and KRL dated 25 6/26 of '87. 1883 1 Item 18. KRL pink slip for a trailer. 2 Item 19. Xerox title for a '57 T-bird 3 KRL. There was a notation on that xerox copy saying 4 original held by Joe C-O-L-L-E-L. 5 Item No. 20. Xerox title for '72 Jaguar, 6 registered to KRL. Same notation, original held by Joe 7 Collel. 8 Item 21. Assignment by Mosemans, that's 9 three brothers, Steven, Richard -- and I have forgotten 10 the other one -- to KRL dated 5/17 of '91. 11 Item 22. Withdrawal from partnership. 12 This was Larry Womack, 4/6 of '98. 13 Item 23. Fourth amendment -- fourth 14 amended statement of KRL, 4/6 of '98. 15 No. 24. KRL pink slip for '91 Yamaha 16 motorcycle. 123 Paul 146. 17 Item 25. KRL pink slip for '66 VW. 18 Q Mr. Moore, inside this envelope, 1D-25, 19 is the pink slip for '66 Volkswagen? 20 A Yes, it is. 21 Q The normal DMV envelope. On the outside, 22 does that have any statements on it or have writing? 23 A Well, it has got in black felt pen "Bob's 24 dune buggy." 25 Q It's registered to KRL? 1884 1 A That's correct. 2 Q On the envelope, it shows "Bob's dune 3 buggy"? 4 A Shows "Bob's dune buggy." 2 John X-ray 5 Zebra 2289. 6 Item 26. KRL deed of trust, 10/31 of '89. 7 Item 27. KRL pink slips for '72 Chevy, 8 652 Mary Union Mary. '93 Cedar mobile home. I have 9 written motor home, but I believe it's a mobile home. '98 10 Lincoln Navigator. Insurance statement for '93 Skyline 11 mobile home. I beg your pardon. It is a '93 Cedar motor 12 home; not mobile home. '34 Ford, license 1 Sam Henry 13 Frank 285. '57 Ford, Henry John Henry 889. 14 Q Mr. Moore, to your knowledge, that set of 15 pink slips was pulled out and left locked in Ron Hall's 16 office, correct? 17 A That's correct. 18 Q If the Grand Jury wants to see those, we 19 have those? 20 A Yes. 21 Q But inadvertently we brought other pink 22 slips with us today, correct? 23 A Correct. 24 Q The goal was to keep all the pink slips 25 locked away? 1885 1 A One of the problems is, one of those pink 2 slips has already been signed over. 3 Q The '34 Ford? 4 A Yes. 5 Q By Bob Womack? 6 A Yes. 7 Q That car is appraised somewhere around 8 $35,000? 9 A Depending who you talk to. 10 Q It's already signed by Bob Womack? 11 A Yes. 12 Q So if I handed it to you, you would own it? 13 A It would be certainly arguable. 14 Q Okay. With that said, just give us a 45 15 second -- because I know you have just begun looking into 16 it. But a couple days ago, you were told that Bob had 17 driver's licenses in Oregon and California, correct? 18 A That's correct. 19 Q And you started looking into cars and 20 motor homes that he owned in Oregon, correct? 21 A That's correct. 22 Q Where was the Lincoln Navigator purchased? 23 A In Oregon. 24 Q By whom? 25 A I want to say Robert Womack. 1886 1 Q And then transferred to? 2 A To California. 3 Q To what business? 4 A KRL Partnership. 5 Q And then on that document, does it say 6 whether or not there's a lien holder? 7 A No. And that's notation on that document 8 that calls for a -- it has a perjury warning on it. 9 Q And it's signed under penalty of perjury 10 that there is no lien holder? 11 A There is no lien holder. 12 Q But you have knowledge the Bank of Amador 13 is receiving a monthly check? 14 A When you run it through Oregon, you find 15 out originally it was purchased with a lien to Bank of 16 Amador. 17 Q And in the check register, there is a 18 monthly payment to -- 19 A Yes. On the KRL account to Bank of Amador 20 for '98 Navigator. 21 Q So there is problems there we haven't 22 figured out completely, correct? 23 A That's correct. 24 Q What about purchasing motor homes in 25 Oregon? 1887 1 A Mmmm... That one I am not sure of at this 2 juncture. 3 Q Okay. Keep going. Is that all with that 4 1D list? 5 A No. 6 Q Okay. 7 A There is one other item. And that's No. 8 28. Bank of Amador reconveyance 10/8/98 for Assessor's 9 Parcel Numbers 42-04001200 and Loan Numbers 600042224 and 10 600019421. 11 Q Okay. The next is? 12 A 1A. This would be from the left bottom 13 drawer of the desk. 14 Q Okay. 15 A Item No. 1. Alaska Engineering letter to 16 Larry White, who works for the City of Jackson. 17 Q I apologize, Mr. Moore. But I am -- 18 A Having difficulty? 19 Q May I have the last three big envelopes 20 for just with one second, please. 21 The 1A-1B envelope is Grand Jury Exhibit 22 81, correct? We can do it this way, please. 23 A Yes. 24 Q The financial statement is Grand Jury 25 Exhibit? 1888 1 A 107. 2 Q The one that contained pink slips 1D-1 3 through 1D -- 4 A -- 28. 5 Q Is Grand Jury Exhibit? 6 A 82. 7 Q Thank you. Members of the Grand Jury, you 8 may see those. 9 And Grand Jury Exhibit 83 is what? 10 A That would be the left bottom drawer of 11 the desk. 12 Q Okay. And this -- 13 A Which I just started. 14 Q And this essentially is the file labeled 15 what? Most of these documents came regarding underground 16 storage tank? 17 A That's direct. It was labeled, I believe, 18 station. 19 Q Okay. And that is in 1A-39C? 20 A Right. Service station is the notation on 21 the manila folder. 22 Q And in here, newspaper articles about the 23 service station, correct? 24 A Yes. 25 Q Faxes to Mr. Brown telling him how to 1889 1 write letters to the editor. Is that -- 2 A Some correspondence between the two in 3 reference to the article to the -- or a letter to the 4 editor. 5 Q Letters from Connie Sherrill with her 6 unhappiness towards the District Attorney's Office and 7 myself specifically? 8 A That's correct. 9 Q And all of this stuff, some of it might be 10 considered exculpatory, correct? By some? 11 A By some. 12 Q So there's complaint letters? 13 A Yes. 14 Q And then that's a very interesting 15 document, and 1A-9C, a letter to the Grand Jury, correct? 16 A Yes. 17 Q And this was at Mr. Womack's house, 18 correct? 19 A Yes, it was. 20 Q And who signed this letter? 21 A Roland Womack, Nadine Womack, Mark 22 Sherrill, Connie Sherrill, Robert Womack and David Mason 23 III. 24 Q And it's your understanding that this 25 letter -- and there is multiple copies in here -- was 1890 1 actually sent to the Civil Grand Jury, correct? 2 A That's correct. 3 Q And they wanted to tell their side of the 4 the story, correct? 5 A Yes. 6 Q That's from reading the letter? 7 A Absolutely. 8 Q None of these individuals told you they 9 wanted to tell their side of the story? 10 A No. 11 Q If you could go through list, please. 12 A Okay. Item No. 2 is the letter, D.A. 13 letter to KRL, 8/27 of '98. 14 No. 3 is a handwritten accounting of 505 15 Sutter Street. 16 No. 4. Xerox Check Number 3903 to Jim 17 Thorpe Oil on 9/16 of '98. 18 No. 5. Billing from Jim Thorpe Oil to 19 Robert Womack 9/16 of '98. 20 Item 6. Grand Jury acknowledgement 21 letter, 9/16 of '98. 22 No. 7. Ledger Dispatch article 9/16/98, 23 from Demming, plus two copies. 24 Item No. 8. Cover letter and twelve pages 25 addressed to Ron, no notation, from Robert Womack, 9/12 1891 1 of '98. 2 Item No. 9. Letter to Grand Jury, which 3 is the one we just spoke about, Womack, Sherrill and 4 Mason. Robert Womack, Roland and Nadine Womack. 5 Item 10. Handwritten note containing 6 various Vehicle Code sections. 7 Item No. 11. A letter from Jim Thorpe Oil 8 to Ron Hall with a copy of a manifest, hazardous waste 9 manifest. 10 No. 12. Xerox copy of various Health and 11 Safety Code Sections from 25297 to 25298. 12 No. 13. A typed letter from Wayne Brown 13 to Amador Dispatch. 14 No. 14. A xerox of Health and Safety Code 15 Section 25501.2 with some handwritten notes. 16 No. 15. A letter to D.A. Cilenti from 17 Connie Sherrill. 18 No. 16. Department of Toxics, State of 19 California, fax sheet. Cal Sites data base. That is 20 comprised of ten pages. 21 Item 17 is a copy of the Sherrill letter 22 to the District Attorney. 23 No. 18 is two copies of the first item I 24 gave you, which is Alaska Engineering to Larry White. 25 No. 19 is a blank copy of a letter to 1892 1 Grand Jury. I guess it would be the same as No. 9. 2 No. 20 is a hard copy of a building permit 3 for 505 Sutter Street, plus one copy. It's the one that 4 would be hanging at site for inspector to sign off on. 5 No. 22 is foreclosure letter to David 6 Mason, III. 7 No. 23 is dump fee tags for the liquid 8 waste that came out of the excavation at 505 Sutter 9 Street. 10 24 is a fax to -- I believe it's Judith 11 Demming -- from Judith Demming to Womack reference the 12 David Irey letter. 13 25. Another fax from Demming to Womack 14 regarding the Ledger article. 15 No. 26 is another fax from Demming to 16 Womack, referring to addresses for the State Bar, 17 Department of Justice, and handwritten notes for the ad 18 on the reverse side. The ad being the one for the tank. 19 Item 27 is a fax from Mason Oil, reference 20 Augwin Federal Bank Loan No. 3009172. 21 Item 28 is a May 6, '98 letter, scope of 22 work plan. 23 Item 29. A Thomas Oller campaign letter 24 for the Fourth District, with a notation written by it 25 says, Womack, notation $200, notation, 9/23 of '98. 1893 1 Item 30. Ronald W. Brown Senior, fax to 2 Womack. I believe it's where he indicates that he used 3 his middle name rather than his first name for the 4 article that he wrote or letter to the editor. 5 Item 31. Application City of Jackson 6 Building Department, 5/1 of '98. 7 Item 32. A Ledger article from 9/30 of 8 '98, reference the Brown letter to the editor. I believe 9 the original one was not published and he thought perhaps 10 it was because he hadn't signed it. 11 Okay. Item 33. Handwritten notes 12 regarding regulations. And it appeared not to be 13 Womack's writing. 14 34. Bill from George Ryan reference 15 contract 505 Sutter Street. 16 No. 35. Agreement of purchase, which is 17 unsigned. 18 Item 36. Two copies of the Connie 19 Sherrill letter to D.A. Cilenti. 20 Item 37. Sparger Technologies chain of 21 custody for the liquid samples from the excavation. 22 Excuse me. 23 Item 38. Four-page Sparger fax, test 24 results for that same sampling. 25 Item 39. Manila file folder with 1894 1 notations and business cards attached. That being the 2 last item. 3 Q Essentially, that was the file that all 4 these documents were in? 5 A Yes. 6 Q And you broke them out to 38 envelopes? 7 A In one of the conversations when Robert 8 Womack called the house and spoke to one of his kids -- 9 MR. IREY: Please stop. Sorry. 10 We are not going to finish with Mr. 11 Moore. We will bring Mr. Moore back. He will be the 12 first witness after lunch before Roland Womack. 13 Q You have to be in Stockton by 2:00? 14 A No. 15 Q You have to here by 2:00? 16 A I have to be home by 5:00. 17 Q So can we decide -- his admonition and 18 how long lunch break will be. 19 THE FOREPERSON: Okay. Mr. Moore, I remind you 20 of the same admonition that I read to you and you signed. 21 THE WITNESS: Yes. 22 THE FOREPERSON: Okay. You are -- you will be 23 free to go. We will take lunch until -- 24 MR. IREY: Ten after? 25 THE FOREPERSON: So we will take lunch. 1895 1 GRAND JUROR: Admonition? 2 THE FOREPERSON: Same admonition as I read to you 3 earlier. And we will recess until 1:15. We are off the 4 record. 5 (Luncheon recess taken from 12:19 to 1:15 p.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1896 1 AFTERNOON SESSION 2 ---oOo--- 3 MR. IREY: Russell Moore. 4 THE FOREPERSON: Mr. Moore, I will remind you, 5 you are still under oath. 6 Q BY MR. IREY: I probably in the past have 7 cut you off in conversations, Mr. Moore. That's my first 8 question. 9 A Uh, maybe. 10 Q Okay. And I cut you off right before 11 lunch. You were going to tell us something. Do you 12 remember what it was about? 13 A Oh, yes. I think it had to do with Robert 14 Womack placing phone calls to his -- either Luke or to 15 Roland Womack who were present at the residence. At this 16 particular -- 17 Q The day of the search warrant? 18 A Right. At this particular juncture, I 19 can't remember exactly why that was important, but... Oh, 20 I think it had to do with -- 21 Q The safe and where items were or where 22 they were located? 23 A Right. To discern where it was that we 24 needed to concentrate our efforts. 25 Q Roland Womack actually had a list he was 1897 1 carrying around the house to find some items? Or did you 2 see that? 3 A I believe that Investigator Hall requested 4 a couple of items, namely, being the 8 millimeter 5 recording, the original one we expected would probably be 6 in the house. 7 Q Okay. And the surreptitious tape from the 8 City of Jackson? 9 A That was found, I believe, in the master 10 bedroom. 11 Q By you or by Mr. Hall? 12 A I believe Ron Hall found that. 13 Q Okay. And when -- you are going through 14 your evidence seizure list; is that correct? 15 A That's correct. 16 Q What's the next item? 17 A Okay. That would be the micro cassette 18 recorder or recording, Robert Womack at the City of 19 Jackson Building Department. 20 Q Okay. And that's previously been 21 marked -- trying to get this. Grand Jury Exhibit? 22 A Four. 23 Q Is this your handwriting on the front of 24 the file? 25 A No. That I believe is Investigator 1898 1 Hall's. 2 Q The blue ink, correct, is Investigator 3 Hall's? Or green? 4 A I believe both of those are someone other 5 than myself. 6 Q Including? 7 A Right. That's not mine. 8 Q Oh. 9 A I believe that is Ron Hall's. 10 Q Okay. And then the next page? 11 A Okay. This is off the top of the desk. 12 Q And the desk looked as the desk looked 13 when you got there, correct? 14 A The desk had very little surface area 15 exposed. 16 Q Kind of like my table over there? 17 A It was mounded -- worse than that. Not 18 quite that organized. 19 Q Kind of like my office back in Stockton? 20 A Every bit of that. 21 Q Okay. And so Grand Jury Exhibit Number? 22 A 80. 23 Q Is envelopes? 24 A Those are the items seized off the top of 25 the desk. 1899 1 Q And most of these green tabs that are 2 attached here, those are items that you marked as items 3 of interest to you, and you thought they might be items 4 of interest to the prosecution? 5 A That's correct. 6 Q And those would be these tabs? 7 A It doesn't mean they are exclusively the 8 only ones that would be of interest. Just the ones that 9 initially. 10 Q Your first cursory going through? 11 A Right. 12 Q Okay. Go ahead, please. Give your list. 13 A Item 1. DMV renewal for KRL, a Chevy, 14 652 Mary Union Mary. 15 Item No. 2. A late notice for a Sprint 16 account, No. 198879024. That's a phone bill, long 17 distance, I assume. 18 Item No. 3. Amador Water Agency bill, 19 KRL, for xxxxx Ridge Road. 20 Item No. 4. A tire bill from Jackson Tire 21 to KRL. 22 Item 5. MBNA credit card record recap 23 for June of '98. 24 Item 6. KRL PG&E Bill for 10 of '98. 25 Item 7. KRL insurance cards, seven of 1900 1 them, for the period OF 9/2/98 through 3/2/99. 2 Item 8. A small personal telephone book 3 of Robert Womack's, including computer password and 4 E-mail address. 5 No. 9. An insurance quote to KRL from 6 Carlton Insurance. 7 No. 10 is a handwritten accounting sheet 8 of some type. 9 Item 11. KRL insurance statements for '57 10 T-Bird, '90 Yamaha and '91 Yamaha. 11 Item 12. KRL delinquent water sewer bill 12 at 3541 Lakeview Drive. I believe that's Camanche Lake. 13 Q Larry Womack's house? 14 A I believe so. 15 Item 13. A Volcano Communications bill 16 for 10 of '98. And I don't know -- it's not noted here 17 what telephone number that is for. 18 Item 14. A quarterly recap for KRL MBNA 19 account. 20 Item 15. Curry County Oregon tax bill for 21 '98-99. 22 No. 16. MCI phone bill for 10 of '98, 23 telephone number xxx xxx-xxxx. 24 Item 17. A letter from Assemblyman Rico 25 Oller to KRL, Robert Womack. 1901 1 Item 18. KRL MBNA bill for 11/98. 2 Item No. 19. A one-page indication of a 3 judgment numbered 97-110 Charles, KRL versus United 4 States. Item No. 20. That indicated -- previous, No. 5 19 -- a judgment of $60,000 in favor of KRL. 6 Item No. 20. State Farm Insurance 7 appraisal for a '34 Ford and '57 T-bird. 8 And Item No. 21. Letter from the Bank of 9 Amador indicating a $300,000 loan payoff. 10 And that would be the last item. 11 Q Okay. Mr. Moore. Thank you. You can 12 stick those back in the envelope. 13 A Okay. Those are mine. 14 Q Thank you, Mr. Moore. 15 Possibly, Mr. Moore, if you could make 20 16 copies of that, this might be helpful for their 17 deliberations. 22 copies. 18 A 22? 19 Q Thanks. I will pick those up sometime 20 next time I see you before the next time I see the Grand 21 Jurors. 22 Mr. Moore, this photograph, Grand Jury 23 Exhibit 53, do you recognize that location? 24 A Reacclimate myself here. Unless I am 25 turned around, that is the picture of the south wall in 1902 1 the office at xxxxx Ridge Road. 2 Q That's the Ridge Road address? 3 A Yes. Business office. That particular 4 photograph does not show the desk where -- that shows the 5 computer cabinet. 6 Q And the fax machine? 7 A Yes. 8 Q And the fax machine is the fax machine 9 that matches the number on the check? 10 A I believe so. 11 Q Okay. And Grand Jury Exhibit 54. Do you 12 recognize that as the corner of Rex and Highway 88? 13 A Yes. 14 Q And Grand Jury Exhibit 57. Do you 15 recognize that document? 16 A Yes. It's an accounting I made of checks 17 that were made to the 0148-200-5XX Wells Fargo bank 18 account in San Francisco, deposits made in the total sum 19 of -- shows 9,000, but actually my math was off. It's 20 only 8,900. 21 Q How did you determine it was a Wells Fargo 22 in San Francisco bank? 23 A Best I could tell from the endorsement on 24 the back side of the check. 25 Q So this is essentially all your 1903 1 handwriting, but for the Check 3887? 2 A That's correct. 3 Q And again, you only pulled the records for 4 1998? 5 A That's correct. From January. 6 Q Other records were there? 7 A There were old KRL Corporation and 8 Partnership records in the file cabinets indicated in the 9 original photographs that you showed me. 10 Q And for record-keeping purposes, since I 11 inadvertently marked Grand Jury Exhibit 110, is that the 12 original of the work? 13 A That it is. 14 Q So blue ink is what you were using? 15 A Right. And I would say that today I 16 checked my math and realized it was 8,900, not 9,000. I 17 made that change there. 18 Q Could you go ahead and initial the 19 document and date it, please. 20 A (Witness complies.) 21 Q And the date you put thereon is today's 22 date? 23 A That's correct. 24 Q It's not the date you actually did the 25 accounting? 1904 1 A That's correct. 2 Q You did this close to the time of the 3 search warrant? 4 A I believe it was on Tuesday following the 5 search warrant. 6 Q And if I didn't say it already, that's 7 Grand Jury Exhibit 110? 8 A That's correct. 9 Q Okay. Mr. Moore, at this point, we need 10 to basically lay a broad what's called a foundation for 11 all of these documents that you seized. 12 Could you give us a short list and then 13 maybe an expanded list on what type of information you 14 were looking for? I think you have already mentioned 15 some of the reasons. 16 But why these documents? Why from this 17 house? And what have you learned and what haven't you 18 learned to this point? 19 A Mmmm... All of the documents pertaining 20 to vehicles, the residence, the bank account indicating 21 that -- the whole purpose was to establish who and what 22 exactly is KRL and who the principals are. 23 Q Because the original contracts you saw 24 signed were KRL contracts for a 505 Sutter? 25 A That's correct. And the check written to 1905 1 Jim Thorpe Oil for the disposal of the underground 2 storage tank was written on a KRL check. 3 Q The reward check was KRL check? 4 A That's direct. 5 Q Nick Hernandez's and -- 6 A The fees or wages that were paid to the 7 workers that were present on May 2nd and May 3rd to 8 demolish and to remove the underground storage tank were 9 written on KRL checks. 10 Q The only permit that was taken out was a 11 KRL check? 12 A Yes. 13 Q Okay. Go ahead, please. 14 A Also, in the process of looking at -- and 15 seizing the checking account records is to show whether 16 there is any division between Robert Womack and KRL. 17 Those records indicate that KRL quite possibly is 18 controlled by Robert Womack, since he is the only one 19 that signs checks. 20 Q In fact, you looked at every single check 21 in 1998 that you seized, correct? 22 A Absolutely. 23 Q And every single check was signed by one 24 person, correct? 25 A It appeared to me as though they were all 1906 1 signed by one individual. 2 Q And that individual was? 3 A Robert Womack, because it was Robert 4 Womack's house, although they are signed R. Womack, which 5 could be possibly Roland. But my feeling is that it 6 indicates that Robert Womack has control over the 7 checking account. 8 Q Hundreds of thousands of dollars in, 9 hundreds of thousands of dollars out? 10 A With very little supporting documentation 11 to show where the money originated and rather large 12 expenditures for credit cards that I didn't see that they 13 were business-related. They appeared to be personal use. 14 Q Okay. As of today's date, do you know who 15 makes the decisions for KRL? 16 A I don't for sure know. But I believe that 17 Robert Womack is the one and the same as KRL. 18 Q However, his kids' names are on the 19 partnership documents that you seized, correct? 20 A That's correct. But then there is also 21 letters in there removing themselves, but... 22 Q Okay. And so you were the actual finder 23 of the paperwork where Larry signed over to Nadine -- 24 A Some of the -- some of the documentation 25 is rather clouded, as far as who is actually giving up 1907 1 their interest in pieces of property and so forth. 2 Q Okay. 3 A It's still not a very clear picture as to 4 who KRL is. 5 Q You seized a computer? 6 A That's correct. 7 Q The computer. You can turn it on, 8 correct? 9 A That's about the extent of it. 10 Q Okay. And you got in there and you had 11 Lance Hayden with you, correct? 12 A That's correct. 13 Q The two of you physically tried to get 14 into the computer, correct? 15 A Even having the password, when we got to 16 the actual files, we were unable to access, because each 17 one requires another password. 18 Q And the passwords that you had was from 19 whose phone book? 20 A Came from Robert Womack's personal phone 21 book that I seized off the top of his desk. 22 Q So as of today's date, you haven't been 23 into the computer, correct? 24 A I have not. 25 Q Although there was a specific icon or spot 1908 1 that said KRL? 2 A Absolutely. 3 Then there is other personal items, 4 photographs, family history, some other types of things 5 that we weren't able to access any of it. 6 Q Okay. The cars that are in KRL's name, we 7 those located at the house that's in KRL's name that Bob 8 Womack lives at? 9 A That are paid -- that the house payments 10 are made from the KRL checking account? 11 Q Those cars were? 12 A Yes. 13 Q A '34 Ford, '57 -- 14 A Some of the titles, the corresponding 15 vehicle was not there. But a good majority of them were. 16 The Jaguar. 17 Q Corvette? 18 A Corvette, the Chevy Nova. 19 Q T-bird? 20 A The Thunderbird, the Roadster, '34 Ford. 21 Q This is Grand Jury Exhibit 111. Is that a 22 copy of one of the checks you received? 23 A That's correct. 24 Q And what check number? 25 A 3700. 1909 1 Q Made out to? 2 A Sparger Technology, Incorporated. 3 Q For? 4 A Water testing at the station. That's the 5 notation. 6 Q And this is one of the documents that you 7 seized that leads to you believe that KRL Partnership was 8 paying for the underground storage tank work at 505? 9 A That's correct. 10 Q From your review of the documentation, 11 does it appear Roland Womack owns three quarters and 12 Larry or Nadine own a quarter of KRL at this time? 13 A I am not sure exactly how the figures work 14 out. But certainly Roland and Nadine are indicated in 15 some of the paperwork as being owners. 16 Q Whereas Kimberly and Luke have signed off? 17 A That's correct. 18 Q It's unclear whether Larry or Nadine owns 19 the final quarter? 20 A That's correct. I think there is also a 21 letter in there indicating that Larry Womack was giving 22 up his partnership or his stake in it on, I believe, 23 April '98. 24 Q Just before the tank came out of the 25 ground? 1910 1 A I am not so sure it was before. I think 2 it might have been afterwards. 3 Q If May 2nd was the date the tank came out 4 and this document was signed in April -- you didn't 5 review those documents today, did you? 6 A No. 7 Q Grand Jury Exhibit 112. What check 8 number? 9 A 3714. 10 Q What date? 11 A 5/7 of '98. 12 Q Made out to? 13 A Looks empty to me. 14 Q Okay. For? 15 A Water. And the assumption would be that 16 it was the water from the excavation water dump station. 17 It went to the County septage pond, I believe. 18 Q Whose check? 19 A KRL. 20 Q Okay. The document I just handed you. 21 What number? 22 A Grand Jury Exhibit 113. The printed check 23 number is 3687. However, there is a line through it 24 with a W above it, and a new check number of 3719. There 25 were quite a few of these, with which I don't 1911 1 understand. 2 This check was written 5/6 of '98. To 3 GRD -- I don't know who that is -- for $500. And the 4 memo says: Soil test, station. 5 Q Okay. KRL check? 6 A Yes. 7 Q So do you today, after just three weeks of 8 investigation, believe KRL is Bob Womack? After four 9 weeks of investigation? Or do you believe it to be a 10 combination of Bob Womack and his children? 11 A I believe it's a combination of all. 12 Q Okay. And further investigation is going 13 to be necessary to make a better determination? 14 A That's correct. There are some issues 15 which I will acknowledge to the Grand Jury. There were 16 a couple of items which, had I to do it all over again, I 17 would have seized. 18 Q Would have seized? 19 A Would have seized. 20 Q Such as? 21 A One was a blank deed, which came out of 22 the safe. I looked at it. I couldn't make any sense out 23 of it because it was blank. But I do recall that it had 24 a notary public stamp on it and someone's signature. It 25 wasn't until reflection that I realized that there is a 1912 1 problem with that. 2 And at this juncture, I can't tell you for 3 sure -- I think I know who the notary public was, but I 4 am not sure enough to tell you -- 5 Q And what other types -- 6 A -- that that is exactly who it was. 7 Q What other types of documents would you 8 have? 9 A The other item was a Chapter 7 filing. 10 Again, I was looking in a more narrow scope in terms of 11 the documentation that I was looking for. Quite honestly 12 felt like, if it was a Chapter 7 filing, that it would be 13 easy enough -- foolish me -- to find out what it 14 entailed. I didn't really look at that document as 15 closely as I should have. It did not have, to my 16 recollection, a file on it, file number on it. 17 But I have been unable to find out in what 18 court, what Federal Court, that would have been -- would 19 have taken place in or whether, in fact, it has. 20 Q Mr. Moore, I will show you Grand Jury 21 Exhibit 64. Is this the first time you have seen these 22 checks? 23 A That's correct. 24 Q And two checks. What are the check 25 numbers? 1913 1 A 1510 and 1587. 2 Q Okay. And drawn on whose account? 3 A It says DBA Jeff Taylor Construction. 4 Q And made out to whom? 5 A Mr. Robert Womack. One of 'em is. And 6 the other one, 1587, is made out to Bob Womack. 7 Q And Check 1510 is in the amount of? 8 A $660.94. 9 Q And does it have an address on the bottom 10 left-hand corner? 11 A Yes, it does. 3541 Lakeview. 12 Q Are you familiar with that address? 13 A That, I believe, is at Camanche Village 14 and would be Larry Womack's old residence. 15 Q And Check Number 1587, the amount? 16 A $811. 17 Q And the notation at the bottom left? 18 A 35541. 19 Q Does that match the Lakeview address on 20 Check 1510? 21 A That's correct. 22 Q And if you could flip that over, please, 23 and tell me if you noticed anything that matches earlier 24 ideas about whose checking account that was. 25 A Check No. 1587 indicates that Bob Womack 1914 1 has an account 0148-200-5XX. And it was paid to that 2 account for $811. I'm not sure about the other 3 endorsement. 4 Q So that checking account matches the one 5 for the reward check, correct? 6 A That's correct, it does. 7 Q And that's the Wells Fargo in San 8 Francisco? 9 A I believe it's Wells Fargo, San Francisco. 10 Q Okay. But wasn't KRL making the house 11 payments? 12 A Yes. Utility payments, car payments. 13 Q KRL pays for Larry's house, correct? 14 A That's correct. 15 Q And Bob sells Larry's house, correct? 16 A Right. 17 Q And then Bob puts the money in Bob's 18 account? 19 A That's correct. 20 Q So out of KRL's account comes money? 21 A That's correct. 22 Q And into Bob's goes money? 23 A That's correct. 24 MR. IREY: Okay. Mr. Moore, at this time, I have 25 no further questions, but the Members of the Grand Jury 1915 1 can ask any question they want of you. And after they 2 ask questions, sometimes it gives me more questions to 3 ask. And at that point, then the Foreman will read your 4 admonition again, I think. And you will be off. 5 Q How specific was the wording... 6 In your opinion, was the wording of the 7 Robert Womack house search warrant specific as to the 8 items to be seized? I will try again. I am not reading 9 this question in because I think it's asking for 10 something that has been sealed by Judge Harlan. 11 I will ask it. We are okay. How specific 12 was the wording of the Robert Womack home search warrant 13 relative to the items seized? 14 A I think fairly -- in my experience, it was 15 more specific than other search warrants I have done. 16 However, this one was strictly for paperwork, not 17 sampling or other types of activities that might 18 ordinarily go on on one of these types of search 19 warrants. 20 Q The actual description of the warrant -- 21 would you happen to have a copy with you today? I don't 22 know if you do. Not the affidavit. Just the description 23 of the warrant. 24 A Are we talking about the description of 25 the residence? Or are we talking about -- 1916 1 Q Items to be seized. 2 A Items to be seized. 3 Q Please read what was listed under 4 documents. I don't think, because this has been sealed, 5 we should put this into the record. 6 You can go ahead and read the document 7 portion. 8 A Okay. Receipts, records of purchase, bill 9 of lading and shipping records in accordance with Chapter 10 6.5 of the California Health and Safety Code, work 11 orders, work logs, training records, invoices, inventory 12 records, company reports, paid outs, checkbooks, 13 registers, accounting paperwork, memos, correspondence or 14 other documents relating to the purchase, production, 15 storage, shipping, disposal, transportation, treatment, 16 processing or acceptance of any materials designated as 17 hazardous by Title 22 of the California Code of 18 Regulations, Title 40, Code of Federal regulations or 19 defined in Chapter 6.5 of the California Health and 20 Safety Code or any property which has or had an 21 underground storage tank located upon it. 22 Uniform hazardous waste manifests, 23 shipping papers, billings, invoices, customer call 24 receipts, trip tickets and other documents relating to 25 the -- to or documenting the acceptance or storage, 1917 1 treatment, transportation or disposal of hazardous 2 materials or hazardous wastes. 3 Lists of current employees and any 4 literature about their job descriptions and including, 5 but not limited to, all personnel and payroll files and 6 records, articles of personal property tending to 7 establish the identity persons in control of the 8 premises, vehicles. 9 Q I'm sorry. Establish and "identify" or 10 "identity"? Please go ahead and read that. Start with 11 list of current employees. 12 A List of current employees and any 13 literature about their job descriptions, including but 14 not limited to all personnel and payroll records and 15 files and records, articles of personal property tending 16 to establish and identify persons in control of the 17 premises, vehicles, storage areas or containers where 18 hazardous materials may be found, consisting in part of 19 and including, but not limited to, utility company 20 receipts, rental receipts for premises, equipment or 21 vehicles, canceled mail envelopes and keys, videotape 22 and/or audio tapes. 23 Q Were are were additional items not 24 specified on the warrant taken at the discretion of Hall 25 and Moore during the search? 1918 1 A Were additional items taken? 2 Q I can read the question. And if you would 3 like me to ask -- and you can't answer it, then I can try 4 to... But you need to answer the ones that are asked, 5 please. 6 Were additional items not specified on the 7 warrant taken at the discretion of Hall -- it says 8 Russell during the search? 9 A I don't believe so. 10 Q Has D.A.'s Office utilized handwriting 11 expert -- if you know, has the D.A.'s Office utilized 12 handwriting expert to discern identity of R. Womack, 13 i.e., Robert or Roland Womack's signature on KRL checks? 14 A Not to my knowledge. 15 Q Has CHP? 16 A No. 17 Q Did you find any records to indicate 18 Robert Womack ever filed bankruptcy and gave all his 19 money to his kids? 20 A To the best of my knowledge, I believe 21 that the Chapter 7 filing that I saw was a current one. 22 And quite honestly, did not peruse that document and 23 could not say that that's not possible. 24 Q If the answer was yes, would it indicate 25 that he did file bankruptcy, KRL is just a cover? I will 1919 1 ask it again. 2 If so, would this indicate that, if he did 3 file bankruptcy, KRL is just a cover? 4 A I would assume that that would mean that 5 it would be an empty shell, there would be no assets. 6 Q Hypothetically, as far as you know, as of 7 2:00 on Friday, November 20th, if Robert Womack owed 8 somebody $100,000, do you have any information that 9 Robert Womack could pay that debt? Have you seen 10 anything in his name of value? 11 A Few cars maybe. That would be about it. 12 Q At any time before 10/30/98 were any 13 subpoenas issued for information seized in the search, if 14 you know? 15 A Not to my knowledge. 16 Q Other than the videotape, if you know? 17 A I am not sure I understand the question 18 totally. 19 Q Okay. I think the question would read 20 like this: Other than the videotape given to the 21 District Attorney's Office by Robert Womack, if you know, 22 at any time before 10/30/98, were any subpoenas issued 23 for information seized in the search? 24 A I am sorry. I don't... 25 Q Okay. I will ask it again. Other than 1920 1 the videotape, if you know, at any time before 10/30/98, 2 were any subpoenas issued for information seized in the 3 search? 4 A Not to my knowledge. 5 Q If not -- I am going to ask a question 6 before that. 7 If not, what would be the reasons of using 8 a search warrant instead of using a paper subpoena for 9 records? 10 A Why would you not issue -- 11 Q Why would you go with a search warrant 12 that has immediate -- I am not going to put words in your 13 mouth. 14 Why do you use a search warrant with 15 criminals as opposed to asking them for their records? 16 A Well, anyone that would commit a crime is 17 not likely to give you all the information that is going 18 to put them at a disadvantage. I would prefer, with 19 probable cause, that I make the decision as to what is 20 pertinent to prove the crime. 21 Q For instance, you might find a videotape 22 that was 30 minutes longer? 23 A That's correct. It might have shown the 24 tank being put on the truck. 25 Q That's one of the items you had hoped -- 1921 1 A I had hoped to find that. 2 Q You may have found a surreptitious tape? 3 A I may have found a tape that had been 4 altered, certainly, different than the one that was 5 provided. 6 Q An audio tape, surreptitious monitoring of 7 City staff? 8 A That's correct. 9 Q If you had a paper subpoena for that, 10 would the likelihood -- in your experience of being an 11 officer twenty plus years, do you usually get those tapes 12 handed over by people you are investigating? 13 A Not in a condition that they would be of 14 any use. 15 Q The question was, why was a search warrant 16 deemed necessary instead of subpoenas? 17 A To discern what probable cause existed to 18 believe that this crime had been committed. Therefore, a 19 search warrant is more appropriate in terms of going in 20 and seizing the evidence that shows the crime was 21 perpetrated by individuals, specific individuals. And 22 certainly best evidence would be what you would want to 23 have to go to trial with. 24 Q Will efforts to -- will efforts continue 25 to be made to access computer information? Or will this 1922 1 be dropped? 2 A I believe that we will try to get someone 3 who is capable of accessing the information to do so. 4 Q Because you could play around with the 5 computer, correct? 6 A Right. But I would prefer not to do that, 7 because I am not that swift when it comes to computers, 8 accessing somebody else's information. I surely wouldn't 9 want to destroy any evidence. 10 Q Does law enforcement have the capability 11 to pull out the hard drive of the computer and have it 12 read? 13 A Again, I am Cro-Magnon when it comes to 14 computers. I am not sure. 15 Q But there are special task forces -- 16 A There are people -- 17 Q -- that do this for a living? 18 A -- that do this for a living. And 19 certainly, that's the people I would entrust to do that. 20 Q If you know, please explain to the Jurors 21 who Ms. Demming is and how she relates to this 22 investigation. 23 A Financial documents seized indicate that 24 she is an attorney for Robert Womack. As regards -- 25 Q And if you know attorney-client privilege, 1923 1 please don't testify to that. 2 So her name is in the checkbook, correct? 3 A Yes. 4 Q And it appears there is a little 5 correspondence between her and Robert Womack, correct? 6 A That's correct. 7 Q But earlier in this investigation, you 8 were told Ms. Demming specifically has told the District 9 Attorney's Office that she is not Robert Womack's 10 attorney, correct? 11 A Correct. 12 Q Ms. Demming actually appears to have 13 helped author a letter to the editor, correct? 14 A That's correct. 15 Q And some of the correspondence that was 16 seized that was in the -- I think you called it station 17 file or gas station file or whatever -- 18 A That's where I believe that originated, 19 was the service station file. 20 Q Okay. Other than that, do you have any 21 specific information that's not attorney-client 22 privileged about Ms. Demming? You saw her building for 23 the first time today? 24 A Yeah. 25 Q Anything else about Ms. Demming? 1924 1 A She was paid substantial funds by KRL. 2 Q Do you feel KRL's business practices, 3 however confusing or fraudulent, are relevant to illegal 4 underground storage tank removal? 5 A To that, I would reply that, if I am in a 6 lawful position to view certain documentation or see 7 evidence of a further crime, I am obligated as a public 8 servant to take whatever appropriate action would be 9 necessary. If it's not within my expertise, then I would 10 refer that to someone who is in that position. 11 Q But however, as of today's date, do you 12 know whether KRL pulled the tank illegally or Robert 13 Womack? 14 A I don't know that that's been determined. 15 Q Or a combination of all? 16 A I believe that it's whatever is convenient 17 for the parties involved. 18 Q If at some point KRL became the owner of 19 the tank and they are a partnership? 20 A I would expect they would become something 21 else two weeks afterwards. 22 Q And if KRL was the owner of the 23 underground storage tank and partners -- partnerships 24 can't be charged with crimes, then the individuals who 25 own KRL, i.e. Roland and Nadine, would potentially be the 1925 1 owners of the underground storage tank, correct? 2 A That's correct. 3 Q And they would be responsible for illegal 4 acts, correct? 5 A That's correct. 6 Q Explain how the tank was received at 7 Thorpe Oil, if you know. You can't go with hearsay here, 8 Mr. Moore. You don't know? You have been told, but you 9 don't know? 10 A I have been told, but I don't know for a 11 fact. 12 Q If you know, were appropriate measures 13 taken by Jim Thorpe as proper requirements for taking a 14 tank from a private individual? 15 A If we are discussing the transportation 16 from Jim Thorpe Oil to the point of where it was taken 17 for disposal? 18 Q No. I will ask another question. I will 19 ask this question again. 20 Were appropriate measures taken by Jim 21 Thorpe, meaning Jim Thorpe Oil, as to the proper 22 requirements for taking a tank from a private individual? 23 A It was the appropriate equipment was used 24 to determine whether or not the tank was posing a 25 threat. In that regard, it was handled appropriately. 1926 1 Q But do you know if Jim Thorpe Oil can take 2 tanks from people who just show up at his front door? 3 A That's a cloudier issue. 4 Q Do you feel he was negligent in not 5 getting the name and credentials of the hauler of the 6 tank? 7 A I believe he regrets the decision to take 8 that tank. 9 Q But you need to answer the question, Mr. 10 Moore. Sorry. 11 Do you feel he was negligent in not 12 getting the name and credentials of the hauler of the 13 tank? 14 A Yes, I would say that's true. 15 Q Will you continue to investigate the 16 relationship between KRL and Bob Womack? 17 A Yes, I will. 18 Q Will you continue investigating if it 19 becomes apparent that this goes beyond what happened at 20 505 Sutter? 21 A I will or someone else will. 22 Q How did you get in the front gate at 23 Womack's? Wait until the next question, you guys are 24 laughing now. 25 A As I explained, the concern was to strike 1927 1 while the iron was hot and to hit the front door without 2 having any evidence be destroyed. 3 We finally realized that you could climb 4 up on the brick work, jump over on the other side, 5 release it, open it and drive up. 6 Q So you didn't use a Humvee or whatever it 7 is they are called to knock out the gate? 8 A No. We didn't use any explosives or 9 anything else to gain access. 10 Q Did you conduct a SWAT-like raid on either 11 Womack or Sherrill's residence? 12 A Definitely not. 13 Q Were you wearing a vest? 14 A I have a -- it's a mesh vest that 15 identifies me as an officer of the California Highway 16 Patrol. If I am in civilian clothes, yes, I want that. 17 It's not a bullet-proof vest, I might add, but it 18 identifies me to those that might wonder who this person 19 is that is carrying a gun into their yard. 20 Q Does it appear that would confusion or 21 accounts of Bob Womack -- does it appear that with the 22 confusion on accounts, Bob Womack may be evading paying 23 taxes? 24 A That's certainly a possibility. 25 Q If you know, was anything seized in Mark 1928 1 Sherrill's search warrant? 2 A Yes. 3 Q If so, what was seized? What types of 4 things were seized? 5 A Paperwork dealing with -- and in some 6 cases, the lack of paperwork. Paperwork dealt with time 7 sheets for employees of Mark Sherrill's. 8 Q This is marked Grand Jury Exhibit 106. 9 You could read the description in. However, you weren't 10 the finder of this, correct? 11 A I was not. 12 Q But you have reviewed this paperwork, 13 correct? 14 A I have done a cursory of it. 15 Q If you could read into the record the 16 evidence seized list, please. But again, you are not the 17 finder, so we will have to have someone else put this 18 document in. Okay? 19 A Correct. We are talking about Exhibit 20 106. 21 Item No. 1. Three check registers showing 22 duplicate check information from Check No. 2050 through 23 2100 dated from 5/11/98 to 7/1 of '98, on Wells Fargo 24 Account No. 0576393053, for Constance M. and Mark 25 Sherrill. 1929 1 Item No. 2. Wells Fargo deposit slip, 2 business account of Constance M. and Mark Sherrill, 3 Account No. 0576393052. 4 Item 3. Wells Fargo deposit slip, 5 personal account of Mark and Constance Sherrill, Account 6 No. 0576342927. 7 Item No. 4. Time card for Nick Hernandez 8 dated 5/4 to 5/10 for hours billed to Womack 9 Construction. Notation, dump. 130 and 530 scratched 10 out. 11 Item No. 5. Invoice dated 5/12/98. 12 Q It's not your handwriting? 13 A No. It looks like 457978 from Cal West 14 Rock Products sold to Mark Sherrill Construction. 15 Item No. 6. Company profile -- I can't 16 make out these three. It's ROTI -- excuse me. Company 17 profile report dated 5/6/98 listing Mark Sherrill, 18 Kenneth Poor and John Henney as employees. 19 Item No. 7. AT&T wireless service billing 20 for phone numbers xxx xxx-xxxx, xxx-xxxx, xxx-xxxx and 21 xxx-xxxx, in the name Connie Sherrill, from 5/5/98 22 through 7/3 of '98. 23 Item No. 8. Pacific Bell statements for 24 phone xxx xxx-xxxx in the name of Constance M. Sherrill, 25 PO Box 128, Jackson, from 4/18/98 through 6/20/98. 1930 1 Item No. 9. Invoice from Sherrill 2 Construction to Bob Womack dated 5/21/98 for demolition 3 of gas station, with attached invoices and handwritten 4 notes. 5 Item No. 10. Sony micro cassette, Side A 6 used to record initial conversation with Connie Sherrill 7 at start of search warrant service. 8 A notation. Items 1 through 8 given to 9 Detective Sims by Connie Sherrill, who removed them from 10 a desk or adjacent filing cabinet located in the living 11 room area of her home. 12 Item No. 9. Removed from a filing cabinet 13 by Mark Sherrill located in his living room and given to 14 Detective Sims. 15 And Item No. 10 was recorded by Detective 16 Sims. 17 Q Okay. That date that search warrant was 18 done the same date as -- 19 A That's correct. 20 Q And the people actually left Bob Womack's 21 house and went to Sherrill's? 22 A That's correct. 23 Q About what time of day was that? 24 A To the best of my knowledge, it was 25 sometime around 3:00 p.m. 1931 1 Q And then you were done by 5:00 at Mr. 2 Womack's? 3 A Around 5:00 or so. 4 Q When you got back to the District 5 Attorney's Office, had they already returned from the 6 Sherrills? 7 A They had already returned. As a matter of 8 fact, I think we met. As we were coming back, they were 9 heading back to the Ridge Road address. 10 Q It's your understanding they had actually 11 finished at Sherrill's, come back to the D.A.'s Office, 12 waited a while, and then gone to Ridge Road? 13 A That's correct. 14 Q So somewhere less than two hours from the 15 time they left Ridge Road? 16 A They were completed. 17 Q They were completed. So the maximum they 18 could have been at Sherrill's house, an hour, 45 minutes? 19 A A lot less than we were at Ridge Road. 20 Q Those documents -- other than the tape, 21 that's the total amount of documents that were seized 22 from the Sherrills? 23 A That's correct. 24 MR. IREY: Okay. Any other questions of the 25 Grand Jurors? 1932 1 Q Was Sherrill aware that -- if you know, 2 was Mark Sherrill aware that Mark Womack's house was 3 being searched before authorities arrived at his house? 4 A I don't believe he did. 5 Q But in retrospect, we will do warrants 6 differently, correct? 7 A That's correct. When I have less 8 personnel than what I think is adequate for officer 9 safety issues, I will not put more than one site on a 10 search warrant. So that that will not be a problem in 11 the future. 12 Q Because both sites were listed when you 13 went to Bob Womack's house? 14 A That's correct. They were listed at the 15 same warrant. So had the Womacks been present at their 16 residence, they would have known we were going to search 17 Sherrill's residence, as well. 18 Q But we talked about redacting Sherrill's 19 address and we chose not to, correct? 20 A That's correct. 21 Q So at Womack's house when the affidavit -- 22 not the affidavit. When the actual search warrant was 23 handed to somebody, the carpet person, did have a copy of 24 Sherrill's address? Or do you know? 25 A I believe that one may have been redacted. 1933 1 Q Okay. So actually someone had taken off 2 the address of the second property? 3 A That's correct. 4 Q Whose address is 16001 Highway 88, 5 Jackson, if you know? 6 A I believe that's Roland and Nadine 7 Womack's. 8 Q Do you know if the APN number on building 9 application from the City of Jackson is the correct 10 property? 11 A That I don't know. 12 Q Whoops. Do you know if the APN number on 13 the building permit application for the City of Jackson 14 is the right property on the City permit for the removal 15 of the old service station? 16 A I don't recall that that's even listed on 17 the permit. But no, I haven't looked to see if they 18 correspond. But I am sure that I will. 19 Q Do you think it is vague on the part of 20 the City to only explain -- okay. Let me try again. If 21 on the City permit -- regarding the City permit for the 22 removal of the old service station, do you believe it's 23 vague on part of the City to only explain the demolition 24 part of the permit? 25 A No. I don't. 1934 1 Q Would you feel that the City had some 2 responsibility to put underground storage tank 3 requirements in writing for such a big project? 4 Before you answer that, is it CHP's job to 5 tell people how to pull their tanks? 6 A No. 7 Q Is it CHP's job to tell the City of 8 Jackson how to run their building department? 9 A No. 10 Q Is it City of Jackson's responsibility to 11 tell Environmental Health how to run their project, in 12 your mind? 13 A Definitely not. 14 Q But what do you feel the responsibility of 15 the City would be for such a project? 16 A In this particular case, I think those 17 requirements were met. 18 Q For the demolition? 19 A For the demolition. And certainly, there 20 was adequate information supplied to Robert Womack to 21 know that he needed to get a permit from the Health 22 Department. 23 Q Do you think it's peculiar that the City's 24 permit doesn't say on the face of the permit that it's 25 for demolition only and no further rules and regulations? 1935 1 A Quite honestly, I am not that familiar 2 with those types of forms. I don't know that they -- 3 those instructions are included on any other County's 4 paperwork either. 5 Q Were there any arms seized from Robert 6 Womack's house during the search? 7 A No. I think I only ran one of the weapons 8 that was in the safe. There was also another one in the 9 desk, right top drawer. And certainly, the weapons that 10 were inside the locked cabinet next to the desk facing 11 the door, we didn't bother to check those either. 12 Q Do you have any idea what KRL versus the 13 USA is? 14 A I have called everywhere and I can't seem 15 to find out who has any information on that particular 16 case. 17 Q Have you seen a $60,000 deposit going into 18 KRL's account? 19 A No. 20 Q Does Robert R. Womack -- I think it's, 21 Does Robert R. Womack really exist in legal papers? 22 A Robert R. Is that the question? 23 Q Yes, that's the question. 24 A Certainly does, as far as driver's license 25 are concerned. 1936 1 Q In fact, he has more than you do? 2 A Yes, he does. He has two driver's 3 licenses, which is unlawful. 4 Q You looked that up yesterday? 5 A Yes. Oregon and California. 6 Q In Oregon, you actually have to state you 7 don't have a California license? 8 A That's correct. 9 Q Oh. Do you know the date that you 10 received a copy of the letter to the Grand Jury from 11 Roland, Nadine, Robert and -- I will read it how it's 12 written. 13 Do you know the date you received a letter 14 to the Grand Jury from Roland, Nadine, Robert Womack 15 David Mason III, Mark and Connie Sherrill? 16 A The day that I received one? 17 Q The letter. Yeah. 18 A That would have been on October 30th, 19 1998. 20 Q In? 21 A In Robert Womack's office at xxxxx Ridge 22 Road. 23 Q In the file? 24 A In the file marked gas station or service 25 station. Excuse me. 1937 1 Q Did you find any checks for payment on 2 property, Camanche property? 3 A Yes, there were checks in there for rent 4 at -- I believe it's 3541 Lakeview. 5 Q Corresponds to the ledger or register? 6 A There is a notation on the checks 7 themselves that indicated it was for Larry's house. 8 Q Okay. Were those checks where Larry 9 Womack lived checks from KRL? 10 A That's correct. 11 Q Do you know under whose name is the deed 12 of trust? 13 A No, I do not. 14 Q Did you find any tax records for Robert 15 Womack? 16 A No. Again, I would say that my scope was 17 narrow in terms of looking at 1998. There may have been 18 records there back from that time. But not for '98. 19 Q If David Mason III is involved in this 20 case, how come his property wasn't searched yet? 21 A The records indicate that -- I don't think 22 there was anything we could hope to gain from searching 23 Mr. Mason's residence. I had no indication that he had 24 an office there. And we already had other types of 25 documentation that showed that he had knowledge. 1938 1 Q However, a phone search warrant for his 2 records might be drafted at some point? 3 A That's correct. It may be necessary to do 4 that. 5 Q His house to Tallia? 6 A Yes. 7 Q Tallia to his house? 8 A That's correct. 9 Q His house to Womack's house? 10 A Or to Sherrill's or anyone else. 11 Q Other businesses where Mr. Mason may have 12 gotten a bid to pull the tank? 13 A That's correct. 14 Q That all could be done with a phone search 15 warrant? 16 A Yes. 17 Q Does Robert Womack have a, underline a, 18 Social Security Number? 19 A Yes. 20 Q At least one? 21 A At least one. 22 Q Here is a document where we can't quite 23 tell, correct? 24 A That's correct. 25 Q Maybe up to three? 1939 1 A Possibly. 2 Q We are looking into that? 3 A Yes, we are. 4 Q But that's just one little document. 5 Where was that document? Do you remember? 6 A If it's the one I am thinking of, it came 7 off -- somewhere out of the desk. It may have actually 8 been on top of the desk. 9 Q Compilation of each of the kids' social 10 numbers? 11 A Right. 12 Q June's Social Security Number? 13 A That's correct. 14 Q And a couple numbers for Bob maybe? 15 A Possibly. 16 Q But we don't know? 17 A That's correct. 18 Q Less than a month into the case? 19 A There is, I am sure, many things that we 20 don't know that is probably violations. 21 MR. IREY: Any other questions by any of the 22 Grand Jurors? 23 Q So it's basically an ongoing 24 investigation? 25 A That's correct. 1940 1 Q You plan on in the future doing at least 2 phone search warrants for some of the records? 3 A That's correct. 4 Q You have contacts in other law enforcement 5 agencies that might be looking into some other violations 6 you have recently learned of? 7 A That is also correct. 8 Q But it's your understanding, at a minimum, 9 that double driver's license thing, you have to sign a 10 statement under penalty of perjury, correct? 11 A That's correct. 12 Q There's Oregon property that is a little 13 questionable at this time? 14 A That's correct. 15 Q And the checking account in San Francisco 16 that is receiving payments? 17 A Based on this, I certainly think that that 18 account should be looked at. 19 MR. IREY: Okay. Any other questions of any of 20 the Grand Jurors? 21 Well, Mr. Moore, we started you and 22 stopped you a few times today and we started and stopped 23 you a few times in the last two weeks. Thanks for 24 finally getting up here and telling us where the 25 investigation sits as of today. 1941 1 At this point, I think you will hear your 2 admonition again. Or at least you will be required to 3 sign it, and that will be that. 4 THE FOREPERSON: I will remind him and then I 5 will have him initial his original one. 6 So I am reminding you at this time, the 7 original admonition I read to you. And somewhere in Mr. 8 Irey's clean desk here, we have a -- there we go. If you 9 could just initial and put a time of 1430. 10 Great. Thank you very much. 11 THE WITNESS: Thank you. Thank you all. 12 GRAND JUROR: Thank you. 13 GRAND JUROR: Good taste in music. 14 THE WITNESS: Have a good weekend. 15 MR. IREY: I will take 40 seconds and look in the 16 a hallway. And then you guys can vote if you want to 17 wait. At this time, we have no other witnesses. 18 GRAND JUROR: For today? 19 MR. IREY: Scheduled for today. Mr. Hall and Mr. 20 Fourt, hypothetically, on Monday. You can make a 21 determination whether you want us to go ahead and make 22 phone calls and try to get them here. I don't want to 23 make that decision. 24 THE FOREPERSON: We will go -- we will go off the 25 record. 1942 1 (Recess taken from 2:32 to 2:40 p.m.) 2 (Whereupon, pages 1943-1977 were reported and transcribed, but are under separate 3 confidential cover.) 4 ---oOo--- 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1978 1 REPORTER'S CERTIFICATE 2 3 STATE OF CALIFORNIA ) ) ss. 4 COUNTY OF TUOLUMNE ) 5 6 I, JAN L. BENEDETTI, CSR, hereby certify that I 7 was duly appointed and qualified to take the foregoing 8 matter; 9 That acting as such reporter, I took down in 10 stenotype notes the testimony given and proceedings 11 had; 12 That I thereafter transcribed said shorthand 13 notes into typewritten longhand, the above and 14 foregoing pages being a full, true and correct 15 transcription of the testimony given and proceedings 16 had. 17 18 19 20 21 22 _____________________________ 23 JAN BENEDETTI-WEISBERG 24 25