SUPERIOR COURT OF CALIFORNIA
COUNTY OF RIVERSIDE
RANDALL FRANCIS NOLEN,
Petitioner,
PSC1403467
vs.
EDWARD TY PEABODY,
Respondent.
REPORTER'S TRANSCRIPT OF HEARING FOR CIVIL HARASSMENT
RESTRAINING ORDERS
BEFORE HONORABLE COMMISSIONER MICKIE E. REED
September 5, 2014
APPEARANCES:
For the Petitioner:
HARDY LAW GROUP DEL HARDY
By: DEL HARDY
96 & 98 Winter Street
Reno, Nevada 89503
For the Respondent:
EDWARD TY PEABODY
In Propria Persona
Reported by:
Pamela M. Segall, CSR No. 8294
CG©[P))f
PAMELA M. SEGALL, CSR
CHRONOLOGICAL WITNESS INDEX
FOR THE PETITIONER:
RANDALL NOLEN
Direct Examination by Mr. Hardy
5
KATHRYN NOLEN
Direct Examination by Mr. Hardy
7
FOR THE RESPONDENT:
EDWARD TY PEABODY
Direct Examination Statement by Mr. Peabody
Cross-Examination by Mr. Hardy
PAMELA M. SEGALL, CSR
10
14
1
INDIO, CALIFORNIA; SEPTEMBER 5, 2014
2
BEFORE MICKIE E. REED, COMMISSIONER
3
THE COURT:
Randall Francis Nolen versus Edward Ty
MR. HARDY:
Good afternoon, your Honor.
4 I Peabody.
5 I
Del Hardy
6 I appeari ng on behal f of peti ti oner.
7 I
THE COURT:
8 I
And you're Mr. Peabody?
9 I
MR. PEABODY:
Good morning.
Ty Peabody.
10
THE COURT:
11
RANDALL NOLEN:
12
THE COURT:
13
Yes, ma'am.
You're Mr. Nolen?
Yes.
Mr. Nolen and Mr. Peabody, if you'd stand
and raise your right hand, please.
14
15
Afternoon -- I mean.
Let me just inquire.
Do you have any other witnesses
besides these two gentlemen?
16 I
MR. HARDY:
We do.
THE COURT:
Okay.
We may be calling Mrs. Nolen as
17 I well.
18
19
20
If she could stand up and raise her
right hand to be sworn in too.
THE CLERK:
You do solemnly state the testimony you are
21
about to give in the cause now pending before this Court shall
22
be the truth, the whole truth, and nothing but the truth, so
23 I hel p you God?
24
TY PEABODY:
I do.
25
RANDALL NOLEN:
I do.
26
KATHRYN NOLEN:
Yes.
27
THE COURT:
And, Mrs. Nolen, could you state your full
28 I name and spell it, pl ease.
PAMELA M. SEGALL, CSR
THE WITNESS:
1
Kathryn, K-a-t-h-r-y-n,
Frances,
2 I F - r - a - n - c - e - s, Nolen N - 0 - 1 - e - n .
3
THE COURT:
Thank you.
4
Okay.
5
MR. HARDY:
6
An addendum has been provided to Mr. Peabody already.
Mr. Hardy, go ahead.
Thank you, your Honor.
7
He was already served with this.
8
moments just to take a look at that?
THE COURT:
9
10 lin
Did the court want a few
Just out of curiosity, why are some words
red and some in black?
11
MR. HARDY:
The ones in red are being outlined as being
12 I unt ruthful.
13
THE COURT:
Well, let me just make it very clear that I
14
cannot determine truth or not truth of statements.
15
that.
I can't do
Okay?
16
I have read this.
And I would indicate to you that I
17
would ask you to file this with the court when you leave today
18
because I did read it, review it, and consider it.
19
MR. HARDY:
I will, your Honor.
20
THE COURT:
So do, please, file that today.
21
And you do have a copy of it, sir?
22
TY PEABODY:
23
THE COURT:
24
TY PEABODY:
I have seen this.
25
MR. HARDY:
He has, your Honor.
26
THE COURT;
Okay.
I don't know what it is, your Honor.
Has he seen that addendum?
I'd just ask that you do a Proof of
27
Service that you mailed it to him when you file it like a normal
28
document.
PAMELA M .. SEGALL, CSR
2
1
MR. HARDY:
Right.
2
THE COURT:
So I did read that and I did read the
3 lApp 1 i cat i on for Order.
And is there anythi ng that you wanted to
4 I state in regard to that?
5 I
MR. HARDY:
Well, your Honor, in regards to it, we're
6 I si mpl y aski ng that thi s gentl eman be made to stay away from
7 I thei rhome.
He went - - he was goi ng through them on June - - in
8 I June 14th of 2014, he went and knocked on thei r door and then
9
started waving around a manila envelope, saying "I have proof
10
that you've done something wrong.
11
here" inside this man's home with his wife present.
12
There's criminal activity
Mr. Nolen will testify that he has had some emotional
13 I breakdown si nce then, four of them in total.
14 I
His wife will testify that she's being treated by a
15
doctor now because of high blood pressure, 160 over 100.
16
they have received certain problems because of this.
17
So
They're also now having to change their habits so that
18
they don't go to the same places all the time, because they're
19
afraid that this gentleman is stalking them and is going to
20 I follow them because of hi s threateni ng nature of what he di d.
21
So we're asking for a restraining order.
Simply keep
22
away from the house, 50 feet away from them, and keep it there
23
for two years.
24
THE COURT:
How many times has he been to their house?
25
MR. HARDY:
Once.
26
THE COURT:
Do you have anything else?
27
MR. HARDY:
Other than -- your Honor, there is no harm
28
That's enough.
in keeping this man away from these people.
PAMELA M. SEGALL, CSR
No harm is taken by
3
1 I
this man.
THE COURT:
2
Harm or not, I have to follow the law.
And
3 I I have to follow what the law says harassment is.
4 I
MR. HARDY:
Right.
5 I
THE COURT:
And most of this are public statements
6 I between candidates, I think, that are running for office, who
7 I are basically going to public meetings.
And even though it's
8 I termed in your addendum "their gutter politics," that cannot be
9
the basis of a restraining order.
10
11
I could never tell him "You can't go out and say
whatever you feel about a candidate who is running for office."
12
And I would need more than one visit to the home
13
because that's not -- I don't see any violence.
14
threats of violence.
15
there was never any violence threatened or any allegatiuns of
16
violence, which are what civil harassment orders are there to
17
protect, a person's personal safety.
18
I don't see any
And going to his home that one time --
I would never find that one visit to a person's home
19
where there were no threats is enough to reach the burden
20
necessary.
21
some law that you can state that says that this is an
22
appropriate way, I'll be happy to review that.
23
24
But I will let you be heard on this; if you have
MR. HARDY:
Sure.
numerous times in which this had happened.
25
This has been going on since September of 2012.
26
is when this first happened.
27
citizen.
28
Judge, I don't think there has to be
This
This gentleman is a private
He's not a politician nor is his wife.
And what they did is they pointed out what Mr. Peabody
PAMELA M. SEGALL, CSR
4
1 I was doing wrong and what he was saying about another candidate.
2 I And Mr. Peabody took that personally.
3 I
And then there was a flyer that came out about
4 I Mr. Peabody and Mr. Peabody's bankruptcy and the fact that he's
5 I got tax probl ems.
6
et cetera.
7
He owes the IRS some $640,000, et cetera,
And because of that --
You see, Mr. Peabody is over here smirking now.
8 I thi nks that's funny.
He thi nks thi sis
just a joke.
He
He thi nks
9 I he's goi ng to get off the hook here.
10 I
And the fact is that this man did the outrageous
11
conduct, knocked on this man's door, and threatened him inside
12
of his house.
13
that.
And I'd like to put on some proof in regards to
Ma'am?
14
THE COURT:
You can.
15
That's what we're here for.
RANDALL NOLEN,
16
Petitioner, called as a witness on his own behalf, was
17
previously sworn and testified as follows:
18
19
20
21
DIRECT EXAMINATION
BY MR. HARDY:
Q.
Mr. Nolen, on the date of June 14th, 2014, Mr. Peabody
came to your home; is that correct?
22
A.
That's correct.
23
Q.
Okay.
24
he doing?
25
A.
Yes.
How did you feel when he came in?
He didn't shake my hand.
And what was
He walked in, sat down,
26
started accusing me of being involved with criminal activity,
27
involved with these postcard mailings, and said that I would be
28
involved with sUbstantial punitive damages, subpoenas,
PAMELA M. SEGALL, CSR
5
j
depositions, and continued to harass me for a period of 20
2
minutes.
3 I
Q.
How did you feel because of that?
4 I
A.
I was in a state of shock,
because it was completely
5 I
untrue.
6 I
i nvol ved wi th these mail ers, but he kept on accusi ng me of bei ng
I told him four to five different times that I was not
7 I i nvol ved.
8 I
Q.
And was your wi fe al so there?
9
A.
Yes, she was.
10
Q.
What has happened to you in a physical state since that
11
12
period of time because of that?
I've had five emotional breakdowns, actually, since
A.
13
then.
14
night because I'm afraid that Mr. Peabody will show up.
15
is afraid to swim.
16
lights on at night in the front of the house, double-check all
17
the locks.
18
concerned for our safety.
19
20
21
We don't sleep at night.
Q.
I walk different routes at
My wife
We lock our doors, 'our side door, have
And we're concerned for our safety -- seriously
After that July 17th, of 2014, did Mr. Peabody do
anything that caused you additional concern?
A.
Yes, he did.
He, at City Council meetings, continued
22
to threaten civil and criminal action against me and other
23
citizens.
24
meetings -- and with threatening, angry looks on his face as if
25
he was going to get ...
He stared me down multiple times at two different
26
Q.
Has your wife suffered any problems because of this?
27
A.
Yes, she has.
28
She's had high blood pressure now
very high blood pressure, cannot sleep at night, cries on
PAMELA M. SEGALL, CSR
6
1 I occasion, is extremely worried.
Her habits have changed.
She
2
doesn't feel safe at all anymore, and wants to move away from
3
the city.
MR. HARDY:
Could I briefly call upon Mrs. Nolen as
6
THE COURT:
Hang on just a second.
7
Do you have any questions that you would like to ask
4
5
8
well?
him, sir?
TY PEABODY:
No.
10
THE COURT:
Okay.
11
MR. HARDY:
Mrs. Nolen, could you just stand right
9
12
Yes, you may.
where you are, please.
13
The date of June 14th, 2014 --
14
THE COURT:
Sir, can I ask if she can come up here so
15 I the court reporter can hear her well.
16
MR. HARDY:
Sure.
17
Go ahead and sit down there.
18
I didn't want to have to call you.
19
THE WITNESS:
I know.
20
KATHRYN NOLEN,
21
called as a witness by the Petitioner, was previously sworn and
22
testified as follows:
23
24
DIRECT EXAMINATION
BY MR. HARDY:
25
Q.
What happened on June 14th?
26
A.
Urn, the doorbell rang, and it was at 9:00 in the
27
morning.
And I thought -- it's Saturday morning, and I thought,
28 I well, it must be a solicitor or somebody.
PAMELA M. SEGALL, CSR
So I went to look if
7
1
I could see who it was out the window.
2
big hat and a coat out on the sidewalk.
3
door and I saw Mr. Peabody looking in our stained glass window,
4
and I knew it was Mr. Peabody.
5 I know why he's here.
And I saw one man in a
And then I went to the
And I thought, well, I don't
He's here on some kind of business.
So I
6 I opened the door, and he asked to see Randy and I said "Okay."
7
8
9
10
Q.
What did you see Mr. Peabody do, if anything, while he
was inside your house?
A.
He immediately walked in, sat down in two chairs like
this, and started accusing my husband of criminal activity.
11
Q.
How did you feel about that?
12
A.
Well, I was in the kitchen, and I was staying there
13
because I heard -- I didn't like what I heard going on.
And
14
then Randy asked me to come in so I could be a witness to what
15
was happening.
16
Q.
And how did that make you feel?
17
A.
Pretty angry.
18
Q.
Were you afraid at all?
19
A.
Um, you know, there were -- there was a temper rising
20
in the room, and it wasn't ours.
21
The other gentleman was not speaking; he just sat
22
there.
23
Q.
That was Mr. Powers?
24
A.
Mr. Powers.
25
Q.
Okay.
26
A.
He was raising his voice and holding the manila folder
27
28
And Mr. Peabody was raising his voice?
and threatening my husband with criminal and civil -Q.
Did you feel threatened at all at any time during that
PAMELA M. SEGALL, CSR
8
1 I
peri od of time?
2 I
A.
Urn, I felt uncomfortable.
3 I
Q.
How about afterwards?
4 I
A.
Afterwards, I was shocked and pretty upset.
5 I
Q.
What problems have you had since then physically?
6 I
A.
Urn, physically?
I have developed high blood pressure.
7 I
I used to have low blood pressure.
8 I
document from my doctor's offi ce up unt il
9 lit
And I did -- I have a
the poi nt in June, and
has steadi ly increased.
10 I
Q.
Anything else happening to you physically?
11 I
A.
Sleep definitely.
12 I
fun.
And I get emotional.
Sleep?
This isn't
Thi s i sn 't good.
13 I
Q.
14 I
f am i1 y , s?
15 I
A.
Has Mr. Peabody ever been a friend of you -- your
No.
Don't know him.
Met him maybe during the
16
campaign.
But I knew he was trying to find out who posed these
17
postcard, and he thinks that we're involved with other people.
18
Q.
By the way, are you?
19
A.
No, not at all.
20
Q.
Do you feel harassed and intimidated?
21
A.
Yeah, I do.
22
Q.
Would you like to ask this Court that Mr. Peabody be
23
24
stayed away?
A.
Would you feel safer then?
I'd feel a lot safer.
We've never had to lock our side
25
gates or check -- double locks or check our doors.
26
changed.
27
Q.
Thank you.
28
A.
Uh-huh.
PAMELA M. SEGALL, CSR
Things have
9
MR. HARDY:
1
2
Excuse me.
Mr. Peabody may want to ask you
some questions.
No.
I'm fine.
3
TY PEABODY:
4
THE COURT:
5
Do you have any other witnesses, sir?
6
MR. HARDY:
Can I talk to Mr. Peabody for a couple of
8
THE COURT:
You can, if he wants you to.
9
TY PEABODY:
7
10
All right.
Thank you, ma'am.
minutes?
I don't see any need to, your Honor.
I'm
prepared to tell you what I have to say, and that's it.
THE COURT:
11
Okay.
In a civil harassment case, because
12
there could be incriminating statements -- technically, it's not
13
like a normal civil case where you can call the opponent as a
14
witness.
15
welcome to cross-examine.
16
But he is going to make a statement, and you're
MR. HARDY:
17
Thank you.
18
examine him.
19
Right.
I appreciate that, your Honor.
That's why I asked if I could talk to him; not
THE COURT:
All right.
Go ahead, Mr. Peabody.
TY PEABODY,
20
21 I Respondent, as a wi tness on hi sown
behal f, was previ ousl y sworn
22 I and test i fi ed as follows:
23 I
24
DIRECT EXAMINATION
TY PEABODY:
First of all, I'll give you a letter from
25 I Mr. Powers.
26
THE COURT:
27
TY PEABODY:
28
THE COURT:
And have you seen that, sir?
No, they have not.
All right.
PAMELA M. SEGALL, CSR
10
1
TY PEABODY:
While that's going on, your Honor, I'm 71
2
years old.
I've never had a felony, never had a conviction,
3
don't own weapons, have worked for the U.S. Trustees Office in
4
bankruptcy for a period of time, have been bankrupt; that's
5
something they all like to talk about, but it was fully
6
disclosed when I ran for office.
7
At the time that the hit pieces came out and there were
8
six hit pieces, I said, in a public forum, as a resident, and so
9
did ten others -- and they all filed complaints with the FPPC
10
that I would get to the bottom of who did it.
11
outcome of the FPPC report, we would decide whether to take this
12
to the new District Attorney Hestrin or to file slander charges
13
against those that were specifically involved.
14
Then pending the
I'm going to give you also a letter, which they didn't
15
include, but they have a copy of, that I gave at the council
16
meeting -- the first council meeting, Mr. Nolen and his wife
17
came; they knew I wouldn't be there, and they got up and spoke
18
about me, about visiting -- Mr. Powers and I visiting their
19
house, which we did do.
20
We were invited into the house.
We weren't asked to
21
leave the house.
22
Mr. Powers and I would say no more than ten.
23
basically were there for is that we had a witness
24
witness that says that Mr. Nolen was on Mr. Hanson's campaign
25
committee and that Mr. Nolen told these people that he was part
26
of a meeting on October 22nd or 23rd when they decided to put a
27
sticker on my hit piece to go ahead and throw more in my face
28
about the bankruptcy, which had been fully disclosed prior to
We were there, they say, 20 minutes --
PAMELA M. SEGALL, CSR
And what we
have a
11
1
-_-
the running and after running.
We left there.
2
I have not seen Mr. and Mrs. Nolen
3
since June 14th, except they came to two council meetings.
4
they talked about me again in the council meeting.
5
they were there to be supportive of Mr. Hanson.
The investigation goes on.
6
One,
The other,
And there is nothing in any
7
writing that I did other than say that I would fully go after,
8
under the law, to prosecute those that did this horrendous --
9
that's all I can -- and hurtful, hurtful pieces that weren't
10
true.
And the FPPC came out with such a report.
11
12
represents the entire thing.
13
welcome to.
15
If you want to see it, you're
Too much reading.
THE COURT:
14
This book
Well, it's not really relevant to the
issue.
16
TY PEABODY:
17
Just so you know, Mr. Nolen is a tenant of Mr.
18
Hanson's.
19
$1,000.
20
I agree.
He's on Mr. Hanson's campaign committee.
And he gave
Mr. Nolen also didn't disclose -- and if you see this
21
document, which they put in their file, they said they talked to
22
the District Attorney about someone of the financial problems,
23
how they might be dangerous.
24
Mr. Nolen forgot to put in there that he also went
25
through a bankruptcy in 2011.
26
bankruptcy is not pleasant.
27
28
So it's not like -- and
It's not fun.
And all I have ever said to everybody is that I would
pursue this matter along with the other people on those that
PAMELA M. SEGALL, CSR
12
1
___
o-
perpetrated this.
Mr. Nolen didn't print them.
2
3
didn't pay for them.
He didn't mail them.
He
And that's for sure.
As I say, the only time I have seen Mr. and Mrs. Nolen
4
5
is when they came to the last two council meetings.
6
talked to them.
7
Los Angeles two to three days a week.
Don't go by their house.
8
THE COURT:
9
TY PEABODY:
10
THE COURT:
11
TY PEABODY:
Hold on.
Haven't
I work out of
Now, what is this from?
That came from their filing.
Okay.
And I just found it interesting that they
12
could say that, but they didn't tell the District Attorney,
13
whoever they saw, that they also had been through a bankruptcy.
14
Maybe I should be nervous.
15
THE COURT:
Well, here's what I'm going to tell you
16
now -- is that Mr. Powers' document is not under penalty of
17
perjury; so I'm not going to consider that.
18
consider the statement that is attributed to S.E. Ballard from
19
the D.A. 's office.
TY PEABODY:
20
21
And neither did I
Even though it's attached to their
documents?
THE COURT:
22
Well, I'll look at them, but if I see that
23
they're just hearsay statements by someone, I don't consider
24
them.
25
TY PEABODY:
26
THE COURT:
27
28
I have no problem.
Okay.
So I try to lean on competent
evidence.
TY PEABODY:
So to be honest with you, your Honor, I
PAMELA M. SEGALL, CSR
13
------
1
have no reason -- understanding of why I'm here.
And people
2
that have heard about it -- they just look at it as part of the
3
Hanson vindictive procedure that we're going through.
I just went through an FPPC with Mr. Hanson, and they
4
5
turned him down on that.
It just seems like this is going to
6
be, for the next couple of years on the council, a period of
7
harassment.
But that's okay; that's part of the deal.
8
THE COURT:
9
TY PEABODY:
I won the election.
10
THE COURT:
Well, congratulations.
11
TY PEABODY:
12
THE COURT:
13
So anything else you want to tell me, sir?
14
TY PEABODY:
15
THE COURT:
16
MR. HARDY:
18
20
21
Thank you.
I don't live in that city,
so ...
No, ma'am.
Sir, and you wanted to ask him some
questions?
17
19
But you won the election?
Yes, I do.
Thank you.
CROSS-EXAMINATION
BY MR. HARDY:
Q.
Mr. Peabody, were you invited to the home of the
Nolens'?
22
A.
No.
23
Q.
Did you tell them that you were going to come?
24
A.
No.
25
Q.
Don't you find it outrageous that you come to
26
somebody's house on a Saturday morning and knock on their door
27
and accuse them of criminal activity?
28
A.
No.
And I didn't accuse them of criminal activity.
PAMELA M. SEGALL, CSR
14
1
Q.
Didn't you wave a folder around in your right hand,
2
saying that "There was criminal activity here.
3
get to the bottom of this?
4
A.
I had a folder in my hand, for sure.
We're going to
And it had a
5
whole bunch of documents, including the witness list, accusing
6
Mr. Nolen of being at the meeting of the 23rd of October, 2012.
7
8
9
Q.
Don't you find it outrageous to go to somebody's house
and do that?
A.
He had the choice.
He didn't have to let us in.
10
didn't want to see us or talk to us, he didn't have to.
11
would have left.
12
Q.
If he
We
We left voluntarily.
And so if the court doesn't issue a restraining order
13
today, then you can go over there Saturday morning 9:00 a.m.
14
tomorrow, can't you?
15
A.
No.
Mr. Nolen is so far off my agenda now, it doesn't
16
make any difference.
17
anymore unless he comes to council.
18
19
Q.
So there's no harm in getting a restraining order
against you; right?
20
A.
21
wrong.
22
Q.
23
I have no intention of seeing Mr. Nolen
You have to do something wrong, and I did nothing
Except go to somebody's house and stand in their living
room and yell?
24
A.
I didn't yell.
And I actually sat.
25
Q.
And so you're saying that when Mr. Nolen said you
26
raised your voice and Mrs. Nolen said you raised your voice,
27
that's false?
28
A.
Well, I'm not sure what they mean by raising your
PAMELA M. SEGALL, CSR
15
1
2
3
voice.
I didn't yell and scream,
Q.
You mentioned
committed
upon you;
that there was a slander
is that right,
4
A.
That's correct.
5
Q.
Okay.
6
7
It says "bankrupt,
Did you file bankruptcy?
Yes.
THE COURT:
8
9
and defamation
sir?
Well, here's the flyer.
bankrupt, bankrupt."
A.
if that's what you're saying.
I am going to impose my own objection
because the statements that were made about him are no --
10
there's no relevance in this hearing.
11
through all of those statements, because if this were a
12
defamation action, it could -- and maybe there will be one some
13
day -- it could be relevant; but to this action, it is not
14
relevant.
And so I'm not going to hear it.
MR. HARDY:
15
So we're not going
Okay.
Well, your Honor, the reason why I
16
was bringing that forth to the court -- maybe I could explain
17
myself why I'm doing that.
18
Mr. Peabody or make a record for a defamation action.
I'm certainly not trying to pick on
What I'm trying to do is prove that there's no basis
19
20
for him to even go to the house and make these type of
21
accusations because there's no -(Interruption by the court reporter.)
22
MR. HARDY:
23
There's no defamation.
24
here.
25
this man is, frankly, out of line.
And I was going to prove that to the court to show that
THE COURT:
26
There's no slander
Well, I don't know that you're going to be
27
able to lay the foundation to know what he based his decision
28
upon.
PAMELA M. SEGALL, CSR
16
1 I
So there is a flyer and, supposedly, there were six
2 I fl i ers or "hi ts" of some sort, based on hi s testimony.
But I
3 I don't know what he's been tol d, what he's heard, what hi s
4 I sources of i nformati on are.
5 I
And I don't reall y thi nk it's
relevant to thi s heari ng .
This hearing is what actions did he take.
6
Did he
7
commit an act of violence?
8
go on a course of conduct directed at this person that had no
9 I legitimate purpose?
10 I statute.
11 I
12 I
That is what harassment is under the
Thank you, your Honor.
BY MR. HARDY:
And so, Mr. Peabody, you said that
13 I Mr. Nolen is off your radar.
14
15
16
17
20
A.
As far as the hit pieces are concerned, Mr. Nolen did
not print them, write them, or distribute them.
Q.
You didn't answer my question, sir.
My question is:
23
You said he was off your radar.
A.
That means he's not somebody that I'm personally
Q.
That's correct.
So he was off your radar as of June 14th; is that
right, sir?
24
A.
That is correct.
25
Q.
So how about when you had the council meeting on
26
July 17th and you stared him down in council room?
27
remember doing that?
28
Was
that as of --
21 I 1 ooki ng at to sue.
22
Was that as of the June 14th
meeting?
18
19
Or did he
So that's what we're going to limit our testimony to.
MR. HARDY:
Q.
Did he threaten violence?
A.
"Staring down"?
Do you
I'm sitting up on a podium, looking at
PAMELA M. SEGALL, CSR
17
1 I about 20 people ina
room.
I don't know what "stari ng down"
2
would mean.
3
Q.
So you didn't do that?
4
A.
No.
5
Q.
Okay.
6
7
8
9
10
11
12
13
You understand that those are on video -- that's
actually videotaped?
A.
That's fine.
Sure.
I looked at Mr. Nolen, Mrs. Nolen,
or 20 other people in the room.
In fact, on that same date, didn't you come down and
Q.
make a statement for six minutes?
A.
I made a statement as a resident, which the judge has a
copy of.
And during that period of time you allege that were
Q.
14
there certain civil, criminal activity of persons involved in
15
these campaign fliers; is that right?
16
A.
What's the question?
17
Q.
You allege that there were certain civil -- that you
18
were going to bring certain civil and criminal causes of action
19
against those people involved in the fliers?
20
21
22
23
A.
I don't allege.
It's a fact.
And it's been proven by
the FPPC that it occurred.
And you're going to bring something civilly in regards
Q.
to that?
24
TY PEABODY:
25
I don't believe, Judge, that's appropriate for this
26
27
28
room.
That's not
What I do
THE COURT:
Are you making an objection as to
relevance?
PAMELA M. SEGALL, CSR
18
_.'
1
TY PEABODY:
2
THE COURT:
3
4
Q.
I am.
Okay.
BY MR. HARDY:
I'm sorry.
Sustained.
And how about the criminal activity?
Are you alleging anything about Mr. Nolen about that?
5
A.
No.
6
Q.
Neither civil or criminal?
7
A.
No.
8
Q.
None of that was addressed toward him?
9
A.
I am not bringing any civil or criminal action against
10
Mr. Nolen.
11
Q.
You understand that he filed one against the City about
13
A.
And they rejected it.
14
Q.
Right.
12
you?
15
16
17
And now he has six months in which to file a civil
case?
A.
18
19
20
21
Right.
Remember, Mr. Nolen brought it public; I didn't.
Q.
So do you see any harm in the court not allowing you to
be around Mr. Nolen?
A.
There is no reason for me to even be in this room.
22
did nothing.
23
never threatened Mr. Nolen or his wife with any sort of harm.
24
And I think -- personally, I believe this is just continued
25
harassment on the part of the parties who were
26
parties that were involved in the hit piece.
I have never done anything in 71 years.
I have
some of the
27
Q.
You've never been charged criminally before?
28
A.
Never.
PAMELA M. SEGALL, CSR
I
19
1
Q.
How about in 1991?
2
A.
What happened in 1991?
THE COURT:
3
4
to relevance.
MR. HARDY:
5
All right.
Well, he just made the
6
statement, your Honor, that he's never been charged with any
7
crime.
9
What he said was "I've never been convicted
of a crime."
MR. HARDY:
10
11
And that's a false statement; so I'm impeaching him.
THE COURT:
8
Okay.
Well, he has been convicted of a
crime.
12
TY PEABODY:
13
MR. HARDY:
Yes.
14
THE COURT:
So I'm not going to consider it, especially
15
16
if it's in 1991.
Really?
So we're not considering it.
MR. HARDY:
All right.
Once again, your Honor, I see
17
that there would be no harm in issuing such an order for this
18
man to stay away from these people and stay away from their
19
home, or he could very well walk up there at 9:00 tomorrow
20
morning and do that again, which frankly would be outrageous.
21
22
---- .. -
And I'm going to impose my own objection as
If somebody came to somebody else's house and did that,
I believe that they would find it to be outrageous as well.
23
THE COURT:
Okay.
24
MR. HARDY:
That's it.
25
THE COURT:
Anything else, sir?
26
TY PEABODY:
27
THE COURT:
28
Do you have anything else to say?
No, ma'am.
Okay.
The facts that I find in this case
is that there were some kind of, I guess, city council meetings
PAMELA M. SEGALL, CSR
20
,.,."
1
for the City of Indian Wells and that there was some involvement
2
with everybody.
3
council meeting regarding Mr. Peabody.
4
made statements as well.
Apparently, the Nolens have talked at a city
And, apparently, he's
I do not find that 9:00 a.m. is an unreasonable time to
5
6
go to somebody else's house.
I do not find that knocking on
7
their door and being invited in to see a person that they ask
8
for -- it's not like they forced themselves in, that he snuck in
9
the backyard, jumped over a wall -- those kind of things.
That is not the kind of behavior that would make a
10
11
personal reasonably frightened that he would come in.
12
knocked on the door, asked to speak to him, was invited in.
13
guess it didn't go so well.
14
behavior or any of the facts in this case falls under a civil
15
harassment statute.
But I do not find that this
without prejudice.
Hopefully, there won't be any future problems.
18
But if
19
there are, you can certainly come back and request it again.
20
But, for the same reasons I denied the temporary orders, I
21
denied this.
22
definition of civil harassment.
25
This does not fall under the statute -- under the
So thanks, everyone, for coming, but the request is
23
24
I
So I am denying the request for a restraining order
16
17
He
denied.
And I'm going to return your documents.
(A discussion was held off the record.)
26
MR. HARDY:
Your Honor?
27
THE COURT:
Yes.
28
MR. HARDY:
Are you going to require him as well to
PAMELA M. SEGALL, CSR
21
1
2
file his documents since you reviewed them?
THE COURT:
Well, yours, I reviewed and considered for
3
some relevance; but his, not really.
Yours pretty much said
4
what his said, but -- they're pretty much the same thing.
5
just had red parts and black parts.
Yours
6
MR. HARDY:
I see.
7
THE COURT:
But if you want him to, I will ask him to.
8
MR. HARDY:
I would.
9
THE COURT:
Okay.
10
Would you like to go ahead and file
that copy of the city council transcript?
11
TY PEABODY:
12
THE COURT:
13
Thank you.
Sure.
Where do I do it?
I did not consider Mr. Powers' statement;
it's not under penalty of perjury.
14
TY PEABODY:
15
THE COURT:
They have a copy of this, your Honor.
Well, they may have one, but since it
16
wasn't attached to your papers, go ahead and file that across
17
the hall and mail them a copy.
18
TY PEABODY:
19
MR. HARDY:
Thank you, your Honor.
20
THE COURT:
Thank you, sir.
21
Okay.
(Proceedings concluded.)
22
23
24
25
26
27
28
PAMELA M. SEGALL, CSR
22
REPORTER'S CERTIFICATE
RANDALL FRANCIS NOLEN,
Petitioner,
vs.
PSC1403467
EDWARD TY PEABODY,
Respondent.
I, Pamela M. Segall, Certified Shorthand Reporter,
CSR Number 8294, do hereby certify that:
On September 5, 2014, in the county of Riverside,
state of California, I took in stenotype a true and correct
report of the testimony given and proceedings had in the
above-entitled case, pages 1 through 22, and that the foregoing
is a true and accurate transcription of my stenotype notes and
is the whole thereof.
The original transcript showed the erroneous date
of November 5, 2015, as the date of proceedings.
been corrected for this copy.
DATED:
Indio, California; February 26, 2015.
Pamela M. Segall,
PAMELA M. SEGALL, CSR
That date has