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