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Driscoll vs. Busch, Dec. 16, 2014

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361 views260 pages

Driscoll vs. Busch, Dec. 16, 2014

A family court transcript.

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/

FAMILY COURT FOR THE STATE OF DELAWARE

KENT COUNTY
COURTROOM 6

------------------------X
IN THE MATTER OF:
PATRICIA P. DRISCOLL,
Petitioner,
File No.:
CK14-02747
Petition No.:
14-30621

Vs.
KURT T. BUSCH,
Respondent ..

------------------------X
Transcript of Proceedings
December 16, 2014
KENT COUNTY FAMILY COURT
400 Court Street
Dover, DE 19901
COMMISSIONER DAVID W. JONES,
Judge

The owner of this transcript will not copy, alter,

transfer or otherwise use in an inappropriate manner.
Inappropriate use includes, but is not limited to, using
this transcript or the content of this transcript for the
purpose of harassment, embarrassment, entertainment,
inflicting emotional distress, exploitation, blackmail,
loss of employment, and/or commercial gain.

INDEX

WI T N E S S E S
PETITIONER:
WITNESS
P. Driscoll

DIRECT
10

CROSS
68

RESPONDENT:
WITNESS

DIRECT

CROSS

RE
DIRECT

RE
CROSS

v.
D.

RE
DIRECT

RE
CROSS

V.
D.

E X H I B I T S

PETITIONER:
IDENTIFICATION
1
2
3
4
5
6
7

RESPONDENT:
IDENTIFICATION
1
2

3
4

5
6

DESCRIPTION
Text messages from 9/26/14
Text messages from 9/26/14
Photograph of Ms. Driscoll
Photograph of Ms. Driscoll
Photograph of Ms. Driscoll
Photograph of Ms. Driscoll
Text messages from 10/18/14

I. D.

IN EV.
22
42
47
49
50
51
64

DESCRIPTION
Text messages from 9/23/14
Text message chain between
Ms. Driscoll and Mr. Busch
Letter to Mr. Dycio
Pocket Commando video
Petitioner's email to
Mr. Zipadelli
10/22/14 letter from
Petitioner's attorney
To Mr. Conley in Troy MI
Copy of tweet made by
Petitioner on 10/22/14

I. D.

IN EV.
128

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162
213
227
236
254

256

PROCEEDINGS

THE CLERK:

THE COURT:

All right, good morning

MS. CAROLYN M. MCNEICE:

Good morning Your

Honor.

Please

everyone.

Driscoll versus Busch.

be seated in the courtroom.

3
4

MR. JAMES E. LIGUORI:

Good morning Your

Honor.

THE COURT:

This is not my usual courtroom,

and I apologize for the awkwardness that may appear

from me sitting up here.

usual courtroom we could have three of you.

of you would have to wait outside.

If we had you folks in my

The rest

This is a petition for an order of

protection that was filed by Ms. Driscoll against Mr.

Busch.

mediation staff to determine whether they could reach

an agreement with respect to the entry of a consent

order today, and the parties have been unable to agree

on a consent order, and so we're before the Court for

a hearing on the petition.

The parties have had a chance to confer with

At this hearing it's Ms. Driscoll's burden

to prove by a preponderance of the evidence, which

means that it's more likely than not that Mr. Busch

has committed an act or acts of abuse within the

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( ".
/

meaning of our PFA statute.

Preliminary issues from counsel?

MS. MCNEICE:

Honor.

None from the Petitioner, Your

We're prepared-

THE COURT:

MR. LIGUORI:

Mr. Liguori.
Your Honor, good morning.

Preliminarily, one, I think we voluntary sequestered

our witnesses, and I hope the Petitioner has done that

also.

THE COURT:

MS. MCNEICE:

THE COURT:

MS. MCNEICE:

Thank you.

MR. LIGUORI:

And number two, Your Honor, I

Ms. McNeice?
Oh yes, ours is outside.
Thank you.

would like to introduce to you Rusty Hardin.

MR. RUSTY HARDIN:

MR. LIGUORI:

Good morning Your Honor.

Mr. Hardin is from Houston,

Texas.

signed by the Court I understand.

You saw my pro hac vice motion, and it was

THE COURT:

MR. LIGUORI:

I have signed it, yes.

And he is here representing

Mr. Busch.

THE COURT:

MR. HARDIN:

THE COURT:

Welcome Mr. Hardin.

Thank you.
One thing with regard to the

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sort of Delaware rule if you will, we don't tag-team

witnesses here when there are co-counsel, so you all

have to make an election with regard to who's going to

examine a particular witness and stick with that

witness all the way through to the end.

All right, then the next question that the

Court has for the parties is are there issues that are

not in dispute that we can sort of stipulate to, like

nature of the relationship, personal jurisdiction, or

do we need to take testimony on all that stuff?

MS. MCNEICE:

"'~/

We're prepared to give

testimony on all those factors Your Honor.

THE COURT:

All righty, we can begin.

Ms.

McNeice you may call your-

MS. MCNEICE:

THE COURT:

MS. MCNEICE:

THE COURT:

MS. MCNEICE:

Thank you.
Or openings if you wish.
I'm sorry,
Did you wish to make an opening?
I'll be very brief Your Honor,

it's late.

roughly two hours, in the-Ms. Driscoll is here to

present her case for an order of protection from

abuse.

parties' relationship, that it was a substantive

dating relationship for an extensive period of time of

We've been in this courthouse now for

She'll testify as to the nature of the

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four years.

September 26th, the Friday evening.

occurred in his motor home that was parked at Dover

Downs in Dover, Kent County, and that's why we're in

this courthouse right now.

This incident

The incident that occurred included an

She has-she met with Mr. Busch on

exchange of angry words, but most important, it

occurred that Mr. Busch attacked her, assaulted her,

grabbed her face and head, causing bruises, slammed

her head against the back of a wall-the back of her

head, excuse me, against a wall, and caused

substantial pain.

after that, and the type of relief she would like at

the conclusion of the hearing.

THE COURT:

Hardin.

We'll talk about what happened

Thank you.

Ms. McNeice.

Mr. Liguori or Mr.

Mr. Hardin, I'm sorry.

MR. HARDIN:

Your Honor, good morning, thank

you very much.

you that we want you to keep your eye on the ball

obviously.

is by a storyteller that is incredible.

the fact that on September 26th this young lady was,

in my words, a trespasser, she was uninvited at 10:00

in the evening, she comes to the trailer of Mr. Busch,

the motor home.

I'm briefly just going to suggest to

This is a story that is unbelievable.

And you will

She comes in through a code that he

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had not changed, and she enters into his bedroom with

her ten-year-old son.

Your Honor, there was no way, shape or form

any abuse occurred at that time, and at any time

during their relationship.

you will hear that this Petitioner is disingenuous,

she's calculating.

extremely mercenary, and what occurs here, what occurs

here is that-keep in step the idea with regard to

10
11

Your Honor, respectfully,

She is literally someone who is

chronology.
On September 21st, after the race in New

Hampshire the relationship is over.

is telling her you're smothering me, it's done.

That's September 21st.

communication between them between September 21st and

September 26th.

upon herself to bring her ten-year-old at 10:00 at

night to my client's motor home trailer.

Her sugar daddy

There is little if any

On September 26th Petitioner takes it

After this incident on September 26th, which

was nothing, after this incident, she then the next

day engages in communications with other individuals

about how she still loves Kurt, how she can't believe

that Kurt's doing this.

texts wherein she says "You know, Kurt, there's a

financial responsibility you have.

And you will see streams of

I made you what

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you are.

Kurt, is going in the wrong direction."

The fact then remains is that Kurt emails

her back on September-excuse me-texts her back on

October 19ili and says "Patty, you're a cancer to me.

It is over."

September 22nct her lawyer, Michael Dycio, D-Y-C-I-0,

writes a letter to Kurt's representatives, and says-

and you will see this-and says-

And then on September 22nct her lawyer-on

MS. MCNEICE:

[Interposing] Your Honor, I

rarely interrupt with regard to opening arguments,

because that's just what they are,

the testimony.

I would suggest that any comments from him are

hearsay.

16
17
18

You owe me something, and your lawyering up,

they aren't part of

Mr. Dycio is not here to testify.

MR. HARDIN:

Well, they're not hearsay.

And

you look at Rule 801, they're not hearsay.

THE COURT:

Well, this is opening

statements, so certainly the Court's able to disregard

evidence that doesn't come in ultimately during the

course of the trial.

MR. HARDIN:

MS. MCNEICE:

MR. HARDIN:

Thank you, Your Honor.

Thank you.
Prior to the interruption, Your

Honor, I am telling you that Mark Dycio writes, "As I

\ ~-:

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am certain you can appreciate, Ms. Driscoll's actions

will in large part be dedicated"-excuse me-"be

dictated by Mr. Busch's efforts to resolve these

matters to her satisfaction."

commando, excuse me, the pocket commando is now saying

you're going to do it my way Kurt, or I'm going to

destroy you.

lady then abuses our process by on November

That's on September 22nct.

This young
5th

she

goes to the State-the Dover City Police Department,

lodges a complaint.

McNeice, and alleges, they come here and file a PFA.

Your Honor, as I said, we have a

Det. Woods suggest-along with Ms.

disingenuous, calculating individual.

and the Respondent do not live together.

even live in the same state, they don't live in

Delaware.

respectfully submit there is no need for any sort of

protection from abuse, because, one, it didn't occur,

20-

and two, they don't need to avail themselves in this

jurisdiction of some Court order like that.

very much, Your Honor.

24
\

So here's the pocket rocket, or pocket

The Petitioner
They don't

The fact of the matter is is that we

THE COURT:

Thank you

Ms. McNeice you may call your

first witness.
MS. MCNEICE:

Thank you.

Petitioner calls

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Patricia Driscoll.

THE COURT:

witness stand.

may be sworn or affirmed.

If you've not already been sworn you

THE CLERK:
your right.

Left hand on the Bible, raise

State your full name.

MS. PATRICIA DRISCOLL:

Patricia Pauline

Driscoll.

Ms. Driscoll you may take the

THE CLERK:

Do you swear to tell the truth,

the whole truth, and nothing but the truth, so help

you G-d?

MS. DRISCOLL:

THE CLERK:

P A T R I C I A

I do.

You may be seated.

D R I S C 0 L L, having

been first duly sworn, testified as follows:

DIRECT EXAMINATION

BY MS. CAROLYN MCNEICE

Good morning Ms. Driscoll.

Good morning.

Could you give us your full name and address

21
22
23

ma'am?
A:

Patricia Pauline Driscoll, 3899 College Avenue,

Ellicott City, Maryland.

And your date of birth?

12/14/77.

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( ~. !

That makes you 37?

Yes.

And are you employed ma'am?

Yes.

What kind of work do you do?

I am President of the Armed Forces Foundation,

and I am the CEO of Frontline Defense Systems.

And what is the Armed Forces Foundation?

It is a foundation to help wounded service

members who suffer from PTSD and physical wounds.

financial grants to these military members and their

family members, to make sure they stay financially afloat.

We give a lot of counseling services, provide services for

these service members and their families.

We give

Okay.

Yes ma'am.

How do you know him?

He was my long-time boyfriend and partner of four

Do you know Kurt Busch ma'am?

years.

And so you indicated the relationship lasted four

years.

your contact with Mr. Busch?

During those four years what was the frequency of

Daily.

We saw each other almost every day, and

if we didn't see each other we spoke to each other every

day.

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I
\

Okay.

We spoke to each other on the phone, we texted.

Okay.

So you spoke to each other on the phone?

With regard to the-you said you saw each

other daily, where would you see each other?

We lived in each other's houses.

We had keys to

each other's homes, alarm codes to each other's homes.

were either on the motor home together on the weekend for

every NASCAR race, I believe, until the Dover incident,

that I had not missed a single race in those years, I was

there every single weekend, and weekends that I had my son

my son was also present.

And during the school year Kurt lives for the

majority of the time in my house in Maryland.

solely responsible for paying all the bills, for Mr. Busch

never paid anything.

time.

of his homework.

me.

But I am

And he lived with us most of the

He would help me take Houston to school, be a part

He went to parent-teacher meetings with

And when we didn't-

What is your-

--live there we lived in his house in Charlotte.

Okay, I apologize, I interrupted you.

22
23

What is

your son's name and his age, please?

My son's name is Houston Herman Storfer

[phonetic], and he is now ten years old.

Thank you.

Does he attend school in Ellicott

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City?

He attends school in Ellicott City.

Did you have keys to Mr. Busch's home?

Yes, I had keys to his home.

And where is his home located?

In Morrisville, North Carolina.

Thank you.

8
9

Did you keep clothing and/or personal

items at his home in North Carolina?

Yes, I have clothing, I have a lot of furniture

and other belongings at his home in North Carolina, and so

does my son.

13
14
15

He had his own room.

Okay.

Did you-did Mr. Busch maintain or retain

any-excuse me.
Did Mr. Busch store any personal items at your home
in Ellicott City?
A:

Yes.

He has golf clubs, clothes, all kinds of

things, hats, you know, a lot of his things are at our

house too.

Okay, any-

And his car.

He has a car there?

He has a car there.

Okay.

Has he sent anyone to your home to

retrieve these parsonal items and/or the car?

No one has been in contact with me about that in

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any way, shape or form.

Okay.

Do you have any children with Mr. Busch?

I do not have any children with him.

considers my son his stepson.

interviews for years.

He has said so in

He takes my son on stage with him

during driver introductions, just like he's his child.

Like I said, he participates in all of our parent-teacher
meetings.

He takes him to school, helps him with his

homework.

He's been with us for every holiday.

You know,

he very much considers Houston his son, told him that.

Okay.

Did you see Mr.-excuse me.

THE COURT:
MS. MCNEICE:

Sure.
Your Honor, we are making an

allegation of course this is a substantive dating

relationship.
THE COURT:
MS. MCNEICE:

Mm-hmm.
Is it the Court's desire that

we at this time finalize that issue before we go

further?
THE COURT:

Mr. Liguori, is there any

dispute that these parties had a substantive dating

relationship?

Mr. Hardin?

MR. HARDIN:

No, Your Honor, there's no

dispute about that.

THE COURT:

All right.

Then we can move on,

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thank you.

MS. MCNEICE:

Thank you.

Did you see Kurt Busch on Friday, September 26,

Yes, I did.

Okay.

In his motor home.

And where was that located on that date?

Inside the track at Dover Downs.

Okay.

2014?

Now, where did this meeting take place?

Now, did you have a purpose to be in Dover

on that weekend?

Yes.

What was your purpose?

Besides the fact that I come every single

weekend, I had my own Armed Forces Foundation event.

were bringing wounded troops to the track, like we do the

majority of the races as well.

NASCAR that we've had prior to my relationship with Kurt

Busch, where we bring wounded service members and some of

their family members to the track.

We have a program with

And the VA had set up some kiosks at the track that

we had partnered with them on as well.

pushing a program called eBenefits, to help veterans

enroll online, so that their records are not being lost,

and that it's easier to track things going on for their

And we were

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services with the VA, and the Assistant Secretary of the

VA and I were supposed to meet.

set up with TV and print media people.

I always had interviews

For the record, what is the VA?

The Veterans, Veterans Affairs.

And did you-would you normally have traveled to

the site of a race event actually before the day of the

event?

Absolutely.

I always came in on a Friday.

Sometimes we came in on Thursdays.

with Kurt directly to the track on Thursday or Friday.

I had Houston I usually waited until he was out of school,

as was this case, and then we would have traveled directly

to the track.

15
16

Sometimes I traveled
If

On this particular date, however, did you plan on

going to the track on Friday?

I did not.

And why is that?

Because Kurt and I had had a fight in New

Hampshire on the previous Sunday, and I was still very

angry with him for the stuff that he had said to me and

did, and I was not intending on showing up to the track

until Saturday morning for my TV hits and my meetings that

morning.

Okay.

Had you had any contact with Mr. Busch

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during the period of time between your argument in New

Hampshire and the meeting on Friday, September 26th?

No direct contact, but he had been in contact

with my staff, who was there at his media hit in New York

City.

And they had had lots of conversations that day.

I sent one of my staffers there instead of myself.

Okay.

It was TV event, it was the Today Show and the

And this was a TV event?

Weather Channel that I had set up for him.

Okay.

Yes.

--appearances?

Correct.

Okay.

That was the Thursday before, so it would have

Mr. Busch attended those TV-

And what day was that?

been the 25th.

THE COURT:

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

Yes sir.
--television appearances for Mr.

Busch?

Ms. Driscoll, you indicated that

you set up-

Yes sir.
And is that something you

normally did or ...

THE WITNESS:

Yes sir.

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(,.------......\
I

THE COURT:

Okay.

And were you working in

your capacity as Chairperson of the Armed Forces

Foundation, or were you operating as sort of a staff

member for Mr. Busch?

THE WITNESS:

I was operating for him.

You

know, we were kind of getting a dual hit out of this,

because he's one of our celebrity ambassadors.

THE COURT:

THE WITNESS:

Okay.
But I handled the majority of

his PR, and-

THE COURT:

THE WITNESS:

THE COURT:

Okay.
--everything like that.
All right, thank you.

McNeice, you may continue.

interruption.

16
17
18
19
20

MS. MCNEICE:
Q:

Ms.

I'm sorry for the

Thank you.

So he was there speaking on behalf of the Armed

Forces Foundation; is that correct?

Yes, and for himself.

It was kind of a joint

thing.

Okay.

As Kurt Busch the entity.

For himself in what capacity?

We were trying-I did a

lot to build his brand and his image, and we got him a lot

of interviews that were just to promote himself.

Okay.

Now, you mentioned that you hadn't seen

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him-

Correct.

--or hadn't had contact with him as you normally

Right.

--during the week prior to September 26th.

did-

Did

you eventually contact him sometime earlier, before coming

to Dover?

Yes.

I talked to a lot of people during the week

about how he was doing, what's going on, and my staffer

reported back to me.

him and talked to him that Thursday.

was really up-

He would see him, physically seen

Everybody said he

[Interposing] Okay, well these were-

Sorry.

These people aren't here.

So why don't you tell

me why you were-you had made these inquiries?

I love him.

I did not believe our relationship

to be over with.

had a big fight, and it's usually around the end of the

season, usually around the New Hampshire race.

Unfortunately this track seems to bring bad stuff Up.

It's into the chase, he had really done poorly in this

race, and his chances of going, progressing within the

playoff system within NASCAR was little to none at this

Kurt has done this before where we've

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point, and so he feels like his season's over, and he'll

blow up, and he'll go disappear for a few days.

He'll usually go drink himself to death.

And he may

or may not call you.

He needs some time and space to

himself.

He just completely implodes, and he just needs to be left

alone.

stupor he'll come to and we'll talk it out, and usually

he's flying to my house to ask for forgiveness and work

You know, he does this every nine months or so.

And when he decides to come out of his drunken

things out.

So you did text him earlier in that night?

Yes, I did.

What did you say to him?

I just said "How are you?"

And within ten

minutes he responded "I'm laying on the floor, crying.

just finished watching a movie, and my world is upside

down."

These are his words?

Those are his words.

MS. MCNEICE:

If I might, Your Honor.

How did you feel when you saw those words?

Really worried.

I'm sorry?

I was really worried.

And what made you worried?

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Because I said "It's okay sweetheart,

everything's going to be all right.

love you and everything's going to be okay."

to me "But I don't know if I love you, but I don't love

anything right now."

said "I know that everything feels like it's coming down

on you, but it's going to be okay."

Just know that we

And I said "Okay."

He sent back

And he said-I

Okay.

And then he said "No, the world is crushing down

on me," and that's when I got scared.

Okay.

Kurt's not the kind of person to be laying on the

What about those words made you scared?

floor crying.

and I think everybody's seen the videos and everything,

and he's the kind of guy to yell, and throw, and break

things, and he's not the kind of guy to lay on the floor

crying.

really upside down.

years, the last thing you want to do is see them hurt, no

matter.

Sorry, see them what?

See them hurting.

Do you know why he was hurting?

24
)

You know, Kurt is notorious for his temper,

When he does that, that's when everything is

You love someone so much for four

And he was obviously hurting.

Did he tell you

why he was hurting?

In the text messages?

No.

'"-._/

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,.-----...

Did you-

MS. MCNEICE:

THE COURT:

May I approach Your Honor?

Yes.

Can you identify that document?

These are screen shots between me and Kurt, text

messages.

MS. MCNEICE:

If I may approach, and I ask

that this be admitted as Petitioner's 1.

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

No objection.
I'm sorry?
No objection.
All right, they'll be admitted.

Petitioner's 1.

[Whereupon Petitioner's Exhibit 1 was

admitted into evidence.]

Okay.

As you look at this document, you said it

was the text messages.

message.

It appears that you sent a text

Could you tell us the date and time?

Friday, September 26, 7:30 p.m.

And what does it-which one of those speakers is

I'm the dark colored.

you?

22
23

okay."

24
25

It says "I hope you're

Okay.

Is that the first contact you had had with

him?

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Yes.

I notice that there's something ahead of that.

What's the date and time of that particular?

September 21st, 7:30 p.m.

Is that the last time you saw him before this?

Yes.

And you had no contact during that week?

No.

Okay.

10
11

So, what's the next set of sentences

there, after "I hope you're okay"?

He says "I'm crying, laying on the floor.

I just

finished watching Seven Years in Tibet.

which way is up, but for some reason you confuse me more,

and your timing is impeccable."

I don't know

15
16

Are you familiar with something called Seven

Years in Tibet?

No.

Okay.

Do you know what he meant by the last

sentence?

About my timing being impeccable?

Okay.

"I love you."

And what did he say?

He says "I know, but I don't know if I do.

No.

How did you respond to that?

don't love anything right now."

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/--\
(

Okay.

I said "I am hurting for you, and I am always

And what was your response?

here for you.

around you, you will get through this."

The world feels like it's coming down

Okay.

He says "It's down on top of me, I shouldn't have

replied."

8
9

Now, had you talked to-strike that.

With regard

to-strike that.

10
11

And his response?

What did you think after you finished this series of

exchanges with Mr. Busch?

I was really worried about him.

I thought that

he just sounds very broken.

alone in the motor home.

everything that I had been hearing all week about how he

had looked upset, and he wasn't eating, and he was pale.

I was really-! know that he's

I was just-it kind of reaffirmed

Was that your concern?

Yes.

I see.

I texted and called a couple of people that I

And what steps did you take next ma'am?

knew.

the part where he's saying "I'm crying on the floor,

laying on the floor," and I sent it to one of the guys

that I know he trusts at the track to see if maybe he

25.

could get there before I could, and stop by and see Kurt

I texted-I took a picture of this conversation of

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and check on him.

And-

And-all right.

What did you decide, ultimately

decide to do?
A:

Well, after talking to our-

[Interposing] Okay, you can't-no one else is here

that we know of, so tell us what you did.

I decided to go out and see him.

I had been told

and I believed it was a good idea, because he maybe needed

his family around him, and to know that he's loved and
cared for.
Q:

And how did you get to him?

I drove with my son.

What time did you leave your home?

Between 8:15, 8:30, somewhere around there.

Okay.

And how long did it take you to get to

Dover?
A:

About an hour and 40 minutes.

Okay.

I pulled into the track, into the motor home lot,

What did you do when you arrived in Dover?

showed my ID.
Q:

What ID is that ma'am?

It's my NASCAR hard card.

And what is A NASCAR hard card?

It's a license that they give NASCAR team members

so you have full access to the garage, pit road, motor

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2
3

It's a-

[Interposing] And did you have this hard card

because of your role with the Armed Forces Foundation?

girlfriend.

I did not.

Okay.

I had a hard card as Kurt's

Again, tell me, what time did you arrive

in Dover?

About 10:00.

And so you said you came into the area-

I came into the motor home area.

Okay.

home lot, events.

And what did you do after you came into

the NASCAR area?

I parked my car right in front of the motor home,

and unlocked the door, came in, and Kurt yelled "Who the

fuck is here?"

the bus for a moment, and I said "Sweetie, it's Houston

and I."

Okay.

He's like "Why the fuck are you here?"

[Interposing] What did you say?

--we walked into the motor home, we walked back

And I had asked Houston to wait outside

Did he make a response?

And-

to the bedroom, and said "We're here because we love you

and we care about you.

Are you okay?"

Had you been at this motor home in the past?

Been there every weekend for almost the last four

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years.

Okay.

Yes.

Does your son keep items there?

Yes, my son has-in fact Kurt converted the bus in

Do you keep any clothing there?

the past year and a half to do a construction project on

it, and shortened the kitchen so that he would have his

own bunk in there, and drawers for his toys and

everything.

10
11

Okay.

What was the condition of the motor home

when you walked in?

It was dark.

Everything was in place, like as if

I was coming that weekend.

everything's out.

know, everything was like waiting for us to arrive.

All of our pictures were up,

Houston's toys were sitting out.

You

Okay.

We use a key code.

Okay.

Kurt gave it to me.

What did you do after you announced that you were

Did you have a key to get into the motor

home?

And how did you get this key code?

there?

Houston came in and gave him a hug.

Where was Mr. Busch?

He was in the bedroom, laying down.

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Okay.

And then I asked Houston if he would please go to

the front of the motor home and watch TV.

And why did you do that?

Because we needed to talk, and Houston did not

7
8

9
10

need to hear our conversation.

Okay.

What was your goal in talking with him

that day?
A:

See how he was first,

and what's wrong.

I just-

laying on the floor crying is just not something he does.

Okay.

He did.

And what did you do then?

He turned on the TV, and I said "What's wrong?"

And did your son go into the living room?

And he's like "You're a fucking psycho, why are you here?"

And I said "We're here to check on you."

saying-he looked crazy.

And he just kept

I'm sorry, he what?

He looked crazy.

All right.

He didn't even look like himself.

He was very

pale, and just didn't even look like himself.

And I told

him that I was really worried about him, and he started

going off about his team, and how fucked up everybody is,

and he hates the team, and then he would jump back to-his

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conversations were all over the place.

(
I,

He said "You abandoned me at the airport in New

Hampshire."

He kept saying "I'm going to drop you off somewhere," and

I told him "No, I'm keeping the car and you're getting

out."

And I told him that I did not abandon him.

Because he was acting crazy.

In the car?

In the car.

And what day was that?

The 21 8 t .

He had ripped the rear-view mirror out

of the car after the race, after cussing out his entire

crew, cussing out our coach driver, myself.

rear-view mirror out of the car, breaking the windshield,

then he grabbed the rear-view mirror and smashed it

against the shifter and the steering wheel.

when he pulled the mirror down, caused a big bruise on my

leg, and then he threw the mirror at me.

He ripped the

He hit me

And what state was that in?

New Hampshire, heading into Massachusetts,

because we were-I eventually dropped him off at the Boston

Logan Airport, and I asked him to pull over and get out.

Because he had also wrapped the seatbelt around my neck.

And I just told him "Just get out."

him at the airport.

things or anything, I just left.

And I left.

I left

So I didn't stop to let him get his

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And so he's saying that I abandoned him.

And I said

"You have a wallet with credit cards, I didn't abandon

you.

don't-you were telling me to get out, you were acting

crazy, I'm not going to stick around and I'm definitely

not coming back to give you your

your bags a couple of days later in New York City."

he kept going off about being abandoned by me.

You had your phone, you had plenty of money, I

bags~

My staff gave me
And

Did Mr. Busch, on the evening of the 25th, tell

you why he was mad at his team and upset?

I meant, sorry, on the 26th, yes.

Yes.

He said that he was angry that Tony Stewart

had killed that kid, and is ruining his entire career, and

now this whole thing is being messed up for him, because

he should have had a crew chief change, and his crew chief

sucks, his crew sucks, his engineer is horrible.

over-the-wall crew is terrible.

the change that he wanted before the chase, then he would

be doing better in the chase.

His

And if he had just gotten

And because Tony screwed everything up again, you

know, now all the focus was on him at Stewart-Haas, versus

getting anybody else what they needed.

getting everything, he was getting nothing.

going off about how horrible the team was, and that he

And Kevin was

He just kept

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didn't want to sign the contract extension, and he wanted

to quit, he wanted to end everything.

he said if he had a gun in the motor home that he would

shoot himself.

And at that point

that threat?

Scared.

Scared for who?

Scared for him, scared for me# because he just

How did it make you feel when you heard him make

seemed so out of his mind.

serious and if we leave he's going to just kill himself.

Just more scared that he's

How long did this conversation go on?

This went on for about ten minutes, you know, and

he just kept saying weird stuff like "You texted me while

I was laying on the floor crying, you have spies

everywhere, and you have-I'm sure you have cameras in the

bus."

18
19

And just saying crazy things.

What did you think when you heard him making

those statements?

',_J

That he's acting nuts, this is nuts, that I would

have a camera in the bus spying on him.

make any sense.

That doesn't even

Where was your son during this conversation?

My son's at the front of the motor home, watching

TV.

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What did you say in response to his comments?

I just said "Things will end up working out with

the team," and he said "No, no they won't."

kept going off about the team, and he told me that he had

been yelled at earlier that morning by Greg Zipadelli, for

the way that he talks to the crew members, and that this

was his final warning, and that he was really in big

trouble.

And he just

And then he told me that after not qualifying after

that day on Friday, that after that, after he had already

been warned and yelled at, that he went back and screamed

at the crew chief and told him he was a fucking idiot.

And also the team represented - - and said that he was a

fucking idiot, and screamed at him, and kept cussing them

out.

And I asked him, "Are you trying to get fired?

Why

are you doing this?"

contract extension, I don't want to work for these idiots

anymore," and just kept going off about the team.

And he said "I just-I don't want a

And then he said "And I don't want you here, and you

should leave."

love you no matter what happens with this race team, and

we always have been.

40 minutes just to check on you to see if you're okay."

And I said "We're here to support you and

You know, we just drove an hour and

And what was his response?

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1
2

He said "I'm not okay," and just kept going off

about the race team again.

Did he raise his voice during this conversation?

We were kind of like whisper yelling so that

Houston can't really hear.

Okay.

And then he said that he wanted us to go, and

he's done with everything, he's done with the team, you

know, and said again "If I had a gun I would just kill

myself, I'm just done with everything."

"Well, if"-and he said "And I'm done with you."

said "Well, if we're really done then get your clothes on

and you and I are going to go sit down and talk to that

little boy and let him know that we're finished," because

I was calling his bluff.

argument, that's what he does, is he threatens our

relationship.

And I said,
And I

He's done this a million times.

And I said "Fine, if we're done put your clothes on,

we're going to go to talk to Houston together, and we're

going to tell him it's over with, we're finished, and I

will leave this bus right here and now."

immediately responded, "No, I'm not doing that.

doing that."

season."

25
'"-._

Any time that he wants to win an

And he
I'm not

And in fact, "I'll do it at the end of the

And I told him "Our lives don't run around NASCAR

___. /

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season.

up right now and let's go talk to Houston and we will

leave this bus."

4
5

A:
crazy.

Did you have an opportunity to observe his

Like I said, he was very pale, and he just looked

I don't know how else to explain it.

Okay.

He sprung up from the bed, he grabbed me by my

What happened next?

throat with one hand, and my face with the other, and he

smashed my head into the wall three times.

If we're really finished get

appearance or his face at that time?

6
7

You're not waiting.

Where was his hand, which hand are we talking

about?

He did this to my face and my throat.

Which hand did he have on your face?

His right hand on my face.

throat.

your throat?

He choked me, and he smashed my head into the

How did it feel?

It scared me, because he just snapped.

He just-I'm sorry?

Snapped.

His left hand on my

And what did he do when he hands on your face and

wall.

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Snapped?

And I couldn't breathe.

Mm-hmm.

3
4

THE COURT:
recess?

- -

[Crying].

Ms. Driscoll, do you need a

It's-

THE WITNESS:

THE COURT:

Yes.
Ms. McNeice, it's getting a

little difficult to make out what the witness is

saying.

MS. MCNEICE:

10
11

THE COURT:

I understand.
All right, we'll take a brief

recess.

MS. MCNEICE:

THE CLERK:

[OFF THE RECORD]

[ON THE RECORD]

THE COURT:

Thank you.
All rise.

I'm sorry, I can't see the

record, are we back on the record?

THE CLERK:

Yes, we are.

THE COURT:

Thank you.

MS. MCNEICE:

THE COURT:

Good.

23
24

Ms. Driscoll, are you okay now?

Ms. McNeice.
MS. MCNEICE:

Thank you Your Honor.

Thank you.

Ms. Driscoll, before the break we were talking

about an incident between you and Mr. Busch.

Could you

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1
I

tell us again what happened ma'am?

He sprung out of bed, he grabbed me by the throat

and by the face, and smashed my head into the wall three

times.

You said he had grabbed you by the throat.

you recall exactly where on your throat he placed his

hand?

Right here, right here, just across here.

And what did he do when-

THE COURT:

hand up underneath her jaw, with the fingers behind

her ear.

like that we have to describe it for the record.

McNeice.

[Interposing] All right, the

record will reflect that the witness is showing a

I'm sorry ma'am, when you make a gesture

MS. MCNEICE:
Q:

Ms.

Thank you.

Did you have an opportunity to observe his facial

expression during this incident?

He just looked like he snapped.

What did he do with his hand that he placed on

your throat?

Crushed my throat with it, just like this.

And

on the other one, he had - - on my chin, and on my cheek,

and by my ears, and just smashed me into the wall three

times.

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How did this feel, with his hand on your throat?

It felt like I couldn't breathe, he was choking

And how did it feel to have his hand on your

He had my face so tight it hurt,

I'm sorry?

He smashed my head.

me.

4
5

face?

6
7

He had this very crazy look

How long did he have his hand on your neck?

The amount of time it took to smash my head into

He scared me.

the wall, he did it so fast.

away.

And then I pushed his hands

How did-

Because he looked like he had a surprised look on

his face, that he had just done this to me.

How did he-how did you push his hands away?

I grabbed 'em and shoved 'em.

Shoved him?

No, shoved his hands off my throat and my face.

23
24
)

head.

in his eyes.

--~

just smashed my

I grabbed them from underneath.

Okay.

Ma'am, what room again in this motor home

did this occur in?

In the bedroom.

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And in this bedroom what furniture is in there?

A bed, and all of this is stationary, it has

slide-outs, but the bed, and then two night stands that

are built into the wall, and then there's a closet that's

also built in, with a little bench on the bottom.

And as you're facing what might be described as

the head of the bed, what side was Mr. Busch on?

The left side.

And where were you during the earlier discussion

that you had, or the conversation you had with Mr. Busch?

was standing near the night stand, in between

the bed and the wall.

What's the distance between the bed and the wall?

18 to 24".

And did you remain in that location?

I stayed right there when I was talking to him

the whole time.

Okay, were you standing?

I was standing.

And what was he doing?

He was laying down in the bed when we were

talking.

Okay.

And after he put his hands on your throat

and your neck-excuse me, and your face, what happened

then?

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Pushed him away.

And I told him that he was a

piece of shit and a coward, and I ran out of the bus.

grabbed my son and we left.

grab anything, we just left.

We didn't-we didn't stop to

How did you feel at the time you left?

Scared.

I don't know how he could just do this

to me.

person I spent four years of my life with.

part of my son's life.

I was scared, and in shock.

Like this is the

been a

Why would he do this to me?

don't understand.

What did you do after you left the trailer?

I put Houston in the car and we drove to the end

of the coach lot, to the corner, where the-our church

motor home is.

drive all the way home.

door, and Nick and Amy Terry answered.

I'm crying.

I wa? crying so hard I knew I couldn't

So I went and knocked on their
Houston's crying,

What was the distance between the motor home

where you were with Mr. Busch and the Terry's motor home?

yards maybe.

And did you know the Terrys before this?

Yes.

It's at the end of t h e - - , I don't know.

I don't know the exact distance.

We have a very close relationship with the

Motor Racing Outreach folks.

travels with us every weekend.

They're a church that

And there's someone that

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does service for us before the drivers' meeting.

always there to counsel you, and talk to you.

Terrys have been involved in some very tough times for

Kurt and I, when Kurt got fired from Penske, and when he

got suspended by NASCAR when he got into on-track

incidents, like at Darlington.

talk to both of us.

They're

And the

They were there to help

And they've-they're always there to talk to us on the

phone whenever we need, or I n person.

They watch our

kids, they have a little day care, and we drop the kids

off during the races, where the kids get together and

play, and a lot of the families get together and go there

and play during the race weekend.

Tell us again, why did you go to the Terrys?

I was crying really hard, and I couldn't drive

home, I was in-I needed to talk to somebody.

believe that he just did this.

18
19

All right.

I can't

When you arrived at the Terry home

what did you do?

They took Houston in the back with their kids so

he could watch movies.

us both some water.

a bag of frozen Brussels sprouts for my head, because my

head was really hurting bad, and my neck.

Tried to calm him down, and gave

I told them what happened.

They got

Where did you put this ice, or this frozen

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Right here.

And I was holding it while I was

Because my head was really starting to pound bad, and my

throat hurt.

just still feel his hands around my neck, my throat felt

crushed.

And they also gave me some Ibuprofen.

I felt like I couldn't breathe.

How long were you at the Terrys?

For about an hour.

Let's review the timing again.

I could

What time did you

arrive at Mr. Busch's motor home?

Around 10:00.

And how long did you talk to him?

About ten minutes.

And how long were you in the home after you

stopped talking and he put his hands on your throat and

your face?

Under a minute, I ran out of there with Houston.

Okay.

Did you hear from Mr. Busch again that

evening?

Yes.

How-what format did he use to contact you?

He sent me a text about ten minutes after I was

24
I

talking to them.

I
\"'-._ ___,/

material?

sitting in the Terrys' motor home.

THE COURT:

Ten minutes after you left or

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while you were there?

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

6
7

Ten minutes after I leftOkay.

--his motor home.
Okay.

I'm going to hand you a document now.

Can you

identify this?

This is a text message from Kurt.

And the date of that text message and the time?

Friday, September 26, 10:30 p.m.

I notice there's another text message there; is

that correct?

Yes.

Is that related to this incident-excuse me.

that related to the evening of September 26?

No, it is not.

17
18

MS. MCNEICE:

THE COURT:

MR. HARDIN:

THE COURT:

24
25

Mr. Hardin is there any

objection to the admission of this document?

Your Honor, may I approach?

ask that this be admitted as Petitioner's 2.

19
20

I have no objection Your Honor.

All right.

It will be admitted,

thank you.
[Whereupon Petitioner's Exhibit 2 was
admitted into evidence.]

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Could you read the content of this text please?

"Here's the deal, I will only support the Houston

custody shit if you cooperate with our split.

stranded and then showing up unannounced has not been all

that cooperative."

6
7

I'm in the midst of a very nasty custody battle

for the third time with my ex-husband over my son.

Okay.

And the custody battle started again in July of

this year, and we were right in the thick of it.

13
14

Okay.

And Kurt was obviously aware of this,

correct?

Correct.

And did you anticipate that Kurt would be a

Do you know what he was talking about,

Okay.

Leaving me

"custody shit"?

witness for you in your custody dispute?

Kurt was supposed to be a witness.

What did you think when you got this text?

It's a threat.

A threat?

He knows the most important thing to me is my

What type of threat?

son.

He knows what he did to me.

And he knows that the

only thing I care about is making sure that I have custody

of my son, I love him very much.

And my ex is playing all

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kinds of bad games.

me.

He knows Houston is what matters to

Okay.

About an hour.

Okay.

Houston was already asleep, and I put him in the

Again, how long did you stay at the Terry

home?

What did you do at the end of that hour?

car, and buckled him in.

back of the seat.

And he just laid down in the

Did he return to sleep?

Yeah, he was passed out.

THE COURT:

Ma'am, I apologize.

I have one

question about the document that's Petitioner's 2.

Is this text message that's identified as Friday,

September 26th, at 10:37 p.m. the first contact you

had with Mr. Busch after the incident?

THE WITNESS:

THE COURT:

Yes sir.
So that

~Here's

the deal, I will

support the Houston custody shit" is the first

communication-

THE WITNESS:

THE COURT:

"-..

First communication.
--between the two of you after

the incident?

THE WITNESS:

THE COURT:

Yes sir.
Thank you.

I'm sorry for the

__../)
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interruption.

Yes.

And what did you do then?

I drove home.

The Terrys wanted to get me a

hotel near the track and I told them "No, I didn't want to

be anywhere near this place, I'm going home."

Okay.

So, you left to return to Ellicott City,

correct?

Correct.

And what time did you arrive home?

About 1:30 in the morning.

And where was Houston during this drive?

He was in the back seat.

I believe you said he was asleep; is that

correct?

He was asleep.

Did you have any further communication from Mr.

Busch that evening?

No.

Okay.

[Interposing] And I did not respond to his texts

24
I

you put Houston back in the car?

Okay, you said you were there for an hour, and

Now-

or anything either.
Q:

Okay.

Did he send you further texts?

'-.____/

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No.

I did not respond to this text message he sent

I apologize.

Yes.

The one that's listed on-

September 26th, 10:37 p.m., I did not.

What did you do when you got home?

I had called my neighbor and I asked her to come

Okay.

And I'm sorry, you said you didn't-

me.
This text message?

over, to meet me at the house.

Okay.

I put my son to bed.

The Terrys had told me that

my neck was red and I felt a bump on the back of my head,

and after I put my son in bed I went to the bathroom to

look at myself for the first time, and I saw the bruises

on my neck and my face.

MS. MCNEICE:

May I approach Your Honor?

Can you identify this picture?

This is me.

What is this, ma'am?

This is a picture of the bruises around my throat

23
24
25

and my ear, underneath, on my neck.

MS. MCNEICE:

I ask that this be admitted as

Petitioner's 3.

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THE COURT:

MR. HARDIN:

THE COURT:

No objection.
All right, it will be admitted

[Whereupon Petitioner's Exhibit 3 was

admitted into evidence.]

Who took this picture ma'am?

I did.

And when did you take it?

When I got home and I looked in the mirror.

This

is in my bathroom.

12
\

Mr. Hardin?

as Petitioner's 3.

Okay.

Specifically on this picture can you

identify what you described as redness, and identify what

you describe as a bruise?

This, all of this is the redness from where he

had his hands around my throat, and the bruise is right

here.

THE COURT:

Okay ma'am, actually you don't

have the exhibit with you.

witness have an identical copy of this exhibit?

MS. MCNEICE:

THE COURT:

23
24
25

Ms. McNeice, does the

Yes Your Honor.

All right, okay, thank you.

Could you tell us again which portion of this

picture refers to some various marks?

Underneath my chin, it's all red.

And then these

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darker spots by my earring are the bruises that I saw.

And down a little bit below my neck you can see some more

red.

There's red spots everywhere.

Which device did you use to take these pictures?

My iPhone.

It appears that this picture has an overall red

tone; is that correct?

Yeah.

And has that-does that have an effect on this

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11

picture?
A:

No, I still see where he-the red line where his

hand was, and where the bruises were.

13
14

THE COURT:
photograph?

15
16

THE WITNESS:

THE COURT:

MS. MCNEICE:

may.

23
24

1:30 in the morning?

All right,

thank you.

When I got home, and after I

put my son to bed, it was about 1:30 in the morning.

17
18

Ma'am, when did you take this

May I approach again, if I

I'm going to hand you another document.

Can you

identify that?
A:

That's me, same time, in my bathroom, about 1:30

in the morning.

Okay.

Approximately how long after your

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1
2

interaction with Mr. Busch was this picture taken?

About three hours after.

3
4

MS. MCNEICE:

THE COURT:

MR. HARDIN:

No objection.

And since I'm

from another jurisdiction would the Court prefer I

stand before the objection?

ago saying "Objection" while sitting.

I made a mistake a while

THE COURT:

That's fine.

MR. HARDIN:

All right.

THE COURT:

I'm-

You're fine Mr.

Hardin.

to that.

I'm pretty informal with regard

However you're comfortable sir.

MR. HARDIN:

THE COURT:

I have no objection.
All right, this will be admitted

as Petitioner's 4.

Mr. Hardin?

I ask that this be admitted as

Petitioner's 4.

[Whereupon Petitioner's Exhibit 4 was

admitted into evidence.]

And Ms. Driscoll, can you point out specifically

which part of this picture that you were trying to

highlight in your photograph?

Excuse me.

What is in this picture?

I'm sorry.

There's a big red-big bruise, black and blue,

underneath my chin, right here, underneath my neck.

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There's a bruise on my chin.

cheek.

3
4

There's a bruise on my

Do you know how these bruises got to those

portions of your neck and cheek?

When he put his hands on my neck and my face.

His thumb was right where this big bruise is underneath my

neck.

8
9

MS. MCNEICE:
Honor?

10
11

12
13
14

May I approach again Your

THE COURT:
Q:

Sure.

I'm going to hand you another picture.

identify this one?

It's another angle of the same bruise.

Again ma'am, who took this picture?

I did.

And what was the date of the picture?

September 27, about 1:30 in the morning.

MS. MCNEICE:

THE COURT:

MR. HARDIN:

THE COURT:

I ask that this be admitted as

Petitioner's 5.

And the

red marks underneath my chin, the red spots.

Can you

Mr. Hardin?
No objection Your Honor.
All right, will be admitted,

Petitioner's 5.
[Whereupon Petitioner's Exhibit 5 was

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admitted into evidence.]

And Ms. Driscoll, on this picture can you

identify or point to the area of the picture that you

believe reflects-

[Interposing] This is a bruise on the chin, the

red marks, and the spots.

THE COURT:

8
9
10

All right.

And I'm going to hand you another picture ma'am.

Can you identify this one?

This is me, in the bathroom, 1:30 in the morning.

Another close-up of the bruise underneath my chin, and the

red marks, and the red spots, and bruises by my earlobe.

Who took this picture ma'am?

I did.

And what time, and the date?

September 27th, about 1:30 in the morning.

17
18

MS. MCNEICE:
Petitioner's 6.

THE COURT:

MR. HARDIN:

THE COURT:

I ask that this be admitted as

Mr. Hardin.
No objection.
Without objection it will be

admitted as Petitioner's 6.

[Whereupon Petitioner's Exhibit 6 was

admitted into evidence.]

Now, how did your neck feel at September 27th_on

'-'---_____.)

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September 27th, at approximately 1:30 in the morning?

2
3

It felt crushed.

I felt where he put his hands

on me and crushed my throat.

How about your neck?

My neck and the back of my head were really

pounding.

was there, and it just hurt, still hurt so bad.

to go take some more medicine.

The Terrys had given me some Ibuprofen while I

What medication did you take?

Ibuprofen, about 800 mg.

I wanted

You're only supposed to

take it every four hours, but it had been about three at

that point, and my head was really hurting, and my neck.

Did you use any other devices to eliminate the

Some ice for my head, I had a cold pack.

How long did you use the ice pack?

My neighbor came over, and I let her in, and I

pain?

grabbed the ice pack when I let her in the kitchen door.

We sat down and talked in the library, and it was on my

head until she left.

to bed with me.

And I got another one and I took it

How long did your neighbor stay?

She was there for about an hour.

And what is this neighbor's name ma'am?

Waleska Rodriguez.

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Did you relate to her the incident that occurred

that evening?

I did.

And what did you tell her?

I told her how he attacked me.

And she said

"Enough, this is enough."

What did you do after your neighbor was there ma'am?

You don't have to tell us what she said.

I locked the door, we changed the alarm code.

changed the alarm code to a different code altogether.

I went upstairs and went to bed and turned the alarm on,

so that all the doors and windows were on.

And?

And I tried to go to sleep.

Did you get to sleep?

Not very well, not very much.

What time did you awake?

About 6:30.

And what did you do then?

Just kind of laid in bed and started to think

We
So

about what I needed to do.

the track for an event that morning, so I texted my staff

and told them I would not come, I would not be there.

I had-I was supposed to be at

Did you direct your staff to take some steps?

I told them that they had to send somebody else

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in for me, and I would not be there at any point during

the weekend.

Okay.

Now, your staff, you directed them to go

to Dover; is that correct?

Yes ma'am.

Okay.

Correct.

All right.

And serve in your capacity, correct?

And tell us again, what were you to

have been doing that day?

We were announcing the eBenefits campaign in

kiosks that were at the track, to try and get veterans to

sign up for their benefits electronically.

supposed to be doing interviews on TV, and we were

demonstrating how the machine worked, and have veterans

signing up.

Okay.

And I was

In addition to your neighbor, did you call

anyone else that-well, excuse me.

Did you call anyone else that night?

I tried to get a hold of my attorney.

The Terrys

were asking me about calling the police, and I said I

can't, I need to talk to my custody attorney, this is

going to affect my custody battle, I knew it.

didn't answer.

And he

I called my brother.

Where does your brother live?

Florida.

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Did you call anyone else in Florida?

Called my mom.

They're both really adopted

family, but I consider them family.

my brother's son.

that both Kurt and I used, Richard Andrew [phonetic] .

I called my neighbor, and that was it, and asked her to

meet me at the house when I got there.

And the godmother to

And I called the religious counselor

And

What did you do the next day, after you told your

staff to cover for you in Dover?

Pretty much laid on the couch and took a lot of

Ibuprofen, and switched between heat and ice on my head

and my neck.

Did you see your mother that day?

I asked her to fly up, and she flew in about 8:00

that night, and I went and grabbed her from the airport.

We also changed the key code to the house with my

neighbor's help, and had every house camera, security

camera that I had around the house, got them all turned

on.

They're very visible cameras that you know if somebody

comes up to the property that they can see you, that

there's cameras on the house, and I wired them all to my

bedroom, put a TV in my bedroom, so I could see from my

room.

And some that I had in the closet, I put them on.

With the-how long did your mother stay with you?

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1
2
3
4
5
6

She came in that Saturday night.

She was there

Sunday and Monday, and left Monday evening.

And did you see your neighbor, the same neighbor

thatA:

Yes.

They came back over multiple times during

the day on Saturday.

You said "they".

Her and her husband.

I forgot to ask you her name, your neighbor?

Waleska Rodriguez.

And did you speak with Waleska on-this would have

12
13

I apologize.

I think-

And her husband Esteban.

been Saturday the 27th?

Yes, because she came over at 1:30 in the

morning.

her until, you know, for an hour or so.

came back over in the morning to check on me.

And then her husband came back with her later on in the

afternoon.

locks in the house.

She did meet me at the house.

And I talked to
And then they
She did.

We changed the locks, the pass code to all the

Okay.

And then, you know, we see each other all the

22
23

time, and she's always so good to come check on me.

Did you provide care for Houston on Saturday the

Yes.

24
I

~)
"

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And how about on Sunday the 28th?

Yes.

How did you feel on Saturday the 27th?

My head, my neck was killing me.

My throat still

felt crushed.

changed.

know what he's capable of doing next.

understand.

Did you make-did you send any texts to Kurt?

No.

When was the next time you heard from Mr. Busch?

He sent me a text Sunday, October the 5th, 4:00.

Is that the text that is-

It's the next text on this piece of paper.

The one that's-

That starts out

Scared.

That's why I wanted all the locks

I don't know why he snapped like that.

Confused.

Petitioner's 2?

would like to thank you."

Is that theI see that-

That is the text-

--text message at the bottom of-

24
25

I don't

Begins at the bottom of

THE COURT:

I don't

I had no contact with him.

THE COURT:

--thank you.

October 5, 4:05

p.m.?
THE WITNESS:

Yes sir.

',.___/

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THE COURT:

All right.

2
3

Now, had you contacted him at all between Friday,

September 26th and October 5th?

No, I did not.

Okay.

Looking at this text message, it says-

makes it look like he's upset with you about something.

Yes.

He said "I would like to thank you for taking a

9
10

screen shot."
A:

What does he mean by "screen shot"?

I took a screen shot of our text messages from

the-from September 26th, and I sent it to Eddie Jarvis, the

guy I mentioned earlier from his team,

would go over and check on Kurt.

would try if he had time, but he said he had a lot going

on with Tony.

to see if Eddie

And then he said he

So that was actually before the incident in his-

Correct.

--motor home.

And did you know what he meant by "sharing our

20
21

I see.

personal problems"?
A:

Yeah, because I had texted Eddie.

Other guys on

the team had contacted me as well, just to see how I was

doing, because they had heard that he had done something

pretty bad to me in New Hampshire, and I didn't show up

for Dover, so people-New Hampshire, there was all kinds of

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wild rumors the following days that he had thrown my stuff

out of his airplane, and left me on the tarmac, to he had

beat me up, to all kinds of wild stuff from people.

Did you start any of those rumors?

I did not.

Did you talk to anyone about that?

No.

I said I left him at the airport.

talked to his assistant Christi [phonetic]

New Hampshire.

I had

that night in

After the New Hampshire incident?

After the New Hampshire incident, and told her

what happened.

he's going, get him travel arrangements, whatever, because

I wasn't going back to give him his bag and stuff.

15
16

And so that she would go find out where

And did she know Mr. Busch's whereabouts at that

She said she did not, and she said, when she

time?

called me back, that he would not allow her to make a

reservation for him.

calm, go to a hotel, this has happened before, it will be

fine."

And she just told me, "Just get

Did you contact any member of the press?

No.

Did you contact your staff at either place of

employment?

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Yes, like I said, they needed to cover for me

that Saturday morning and Sunday, I was not returning to

the track.

4
5

Did you go to work at sometime during the week

after this incident?

Yes, I went back to work on Tuesday.

Okay.

I don't have a calendar in front of me.

Okay.

My chief of staff and my PR guy, Matt Ballard.

So that would have been September 30th?

And did you speak with anyone at work?

Those were the two I had contacted anyway to cover for me

in Dover on Saturday and Sunday.

What did your neck look like on Monday, September

The bruising got a lot worse.

14
15
16

from trying to sleep on the 27th, by the time that I went

to go brush my teeth that morning a lot of the redness was

gone, but the bruises were darker, and there were still

red spots.
Q:

Did you take additional pictures?

No.

23
24

And they stinged.

When I woke up

I didn't want to.

I hated just going to

wash my hands and seeing my face.

Why did you take the pictures on the 20-early in

the morning on the 27th?

I wanted to remind myself of what he had done to

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me, and there's no chance that I was ever going back.

I needed this to remind me any time that I was starting to

feel weaker, he might come to apologize, that this was not

acceptable and he will not do this to me, and I will not

go back no matter what, I just can't go back.

And

6
7

How about on Monday, September 29th?

your neck look like at that time?

Bruises were still there.

And what-

[Interposing]

What did

I had-I couldn't go out without

covering them up, and had to wear a turtleneck.

And how did you feel?

My throat still hurt for days, where it felt

pushed in and crushed.

little bit, and it just hurt.

And my head still had a lump a

Where was this lump?

Right back here.

MS. MCNEICE:

And for the record I'd like it

noted that my client has used her hand and pointed to

the back of her head.

21
22
23
24
25

THE COURT:

So noted.

Did you resume your work duties during the week

after this incident?

I tried the best that I could.

I'm one of those

people that I can just keep my mind busy working on stuff.

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And I have a lot of things going on with my foundation

that I can keep my mind off of this.

Did you provide care to your son during this

Yes ma'am.

And did you-when was the last time you observed

9
10
11

week?

any bruising on your neck or your face?

By the end of the week.

Throughout the week they

had kind of yellowed and eventually went away, where I

didn't have to use a lot of makeup to cover them up.

Did you have any contact with Mr. Busch after the

one that's mentioned on October 5th?

More contact after this?

Mm-hmm.

Yes, he continued to send me text messages.

Do you remember the date of the next contact from

Mr. Busch?

He also called my attorney that Friday.

What attorney is that ma'am?

Mark Dycio.

What role does Mr. Dycio play for you?

23
24

He's an

attorney for what?

He is my personal attorney, and he does things

for my foundation.
Q:

I see.

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And he's a friend.

He's?

Also a friend.

A friend.

from Mr. Busch ma'am?

If I had my phone I could tell you.

Did you initiate any contact with him?

Not at this point, no.

THE COURT:

Ma'am, what do you mean by "not

at this point"?

And when was the next time you heard

THE WITNESS:

He kept sending me text

messages to initiate conversations, and I believe

only once within the month did I initiate a

conversation with him that was not in response to the

text messages he sent me.

THE COURT:

THE WITNESS:

All right.
And at no time have I had any

phone conversations with him since the Dover

incident.

MS. MCNEICE:

THE COURT:

No problem.

Did you need a

recess?

MS. MCNEICE:

THE COURT:

I apologize, Your Honor, I'm...

No thank you.
All right.

I'm going to hand you three documents ma'am.

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you identify these documents?

These are text messages between Kurt and myself.

And what's the date of those text messages?

Saturday, October 28th, 8:26 p.m.

5
6

MS. MCNEICE:
as Petitioner's 7.

THE COURT:

MR. HARDIN:

have exhibit numbers?

I ask that this be submitted

Mr. Hardin?
I have no objection.

May I

Are they different exhibit

numbers for each one or ...

MS. MCNEICE:

THE CLERK:

Will that be collectively as 7?

THE COURT:

Collectively 7?

MS. MCNEICE:

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

I'm sorry, they're not-

Collectively as 7.
Thank you.
Okay.
And no objection.
Thank you.

as Petitioner's 7.

[Whereupon Petitioner's Exhibit 7 was

admitted into evidence.]

They'll be admitted

Again, where were you when you received this text

message?

I was at my home in Ellicott City.

And do you recall that you received it?

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Yup.

And give us the date and time again please ma'am?

Saturday, October 18th, 8:26p.m.

And-

And it's a text message from Kurt, and it says

"Is Houston in bed yet?

Can we talk?"

Okay.

And I did not respond.

And you didn't respond at that time.

When did

you respond next?

The next day, when I thought he would be racing.

Okay, and what did you say?

please?

15
16

Can you read that

Well, and he also said "Time's passed, I see the

route you've chosen."

What do you think he meant-what did you perceive

that he meant by the expression "I see the route you've

chosen"?

I really don't know.

Okay.

So, Sunday, October 19th, 11:34 a.m. I said

And what did you say to him then ma'am?

"Kurt, what is it that you would like to talk about?"

And?

And he said "I just finished meeting with the

troops.

Now I'm at drivers' meeting.

You know that.

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Tonight or tomorrow we will have to try to understand

where we are."

on that day?

I did not.

Okay.

I gave my staff specific instructions that they

Did you arrange for him to meet any troops

And-

were not to ask Kurt to do anything for our foundation

after the Dover incident.

10
11

Okay.

And did he ever explain to you what he

meant by "where we are"?

Never.

Ma'am, at any time during this incident from

September 26th or even before that, at any time between

that date and today's date, did you ever ask Mr. Busch for

money?

No, I did not.

At any time between this incident in Dover and

today's date did you contact any member of the press

specifically to discuss this incident with Kurt-about Kurt

Busch?

22
23

--~

Okay.

No, I did not.

I had been contacted by members

of the press.

Okay.

But as you can see from every story out there, I

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have not given any comment.

Okay.

And I had directed all communications to go

through my attorney.

5
6

MS. MCNEICE:
time.

7
8

I have nothing else at this

THE COURT:

Okay.

Mr. Hardin, do you need a

break before cross?

MR. HARDIN:

Sure.

THE COURT:

All right, we'll recess.

THE CLERK:

All rise.

MR. LIGUORI:

He said do you want a break?

MR. HARDIN:

Actually, I don't really need

one Your Honor.

talking about lunch.

THE COURT:

I misunderstood.
I apologize.
All right.

Well, if the parties

want to take lunch we can take lunch.

MR. HARDIN:

prefer.

you want to do it.

I thought you were

Well, we'll do whatever you

I mean, I'm willing to go forward.

THE COURT:

However

It's really up to the parties.

I'm willing to roll through if the parties want to

roll through.

MR. HARDIN:

THE COURT:

I think IDoes the witness need a break

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before cross?

THE WITNESS:

THE COURT:

CROSS EXAMINATION

BY MR. RUSTY HARDIN

Good afternoon.

No.
No?

All right.

I don't believe we've ever met,

have we?

No.

Ms. Driscoll, have you ever told anyone that you

intended to ruin Kurt Busch?

No.

Have you ever told different people that Kurt

Busch owed you money?

He does.

And have you ever told people that Kurt Busch-you

16
17

18
19
20

made Kurt Busch's career?

I have said that I have helped improve his image

and brand from where it was.

Yes ma'am.

Well, if I could go back, you are

small in stature; is that right?

I'm 5', yes sir.

All right.

Can you give the Commissioner a

little bit of your background please?

background.

Your professional

What about it?

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1
2

If you could just sort of give us a quick

autobiographical work statement.

I am President of the Armed Forces Foundation.

I'm a Board member of the foundation, and I have been

since 2001.

And you're how old today?

37.

And at age 22 or 23 how were you employed?

Self-employed.

Doing what?

I have a defense company called Frontline Defense

Systems.

I'm sorry, called what?

Frontline Defense Systems.

When did you form Frontline Defense Systems?

2005.

Okay.

No, no, no, no.

We also have a holding company

called Frontline Defense Holdings that was formed in 2005.

I believe Frontline Defense was formed in 2002, 2003.

Can you and I agree that, as the Commissioner

makes up his decision about this matter, that the real

issue here is going to be your credibility versus Mr.

Busch's?

Would you agree with that?

Okay.

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There was no one else there that night, correct?

Houston was in the bus.

Yes ma'am, except your son; is that right?

Correct.

And was your son nine or ten at the time?

Nine.

And you mentioned to the Commissioner that

you've been involved in a divorce~ and now some custody

issues are going on; is that right?

Correct.

And your former husband, who is the father of

your son, is named-what is his name?

Geoff Herman Storfer.

Could you say that in a way that the reader would

16
17

18
19

know how to spell it?

Could you spell it for us, please?

Geoff with a G, Herman Storfer, H-E-R-M-A-N S-T-

0-R-F-E-R.
Q:

All right.

At the time you met him how were you

employed?

MS. MCNEICE:

THE COURT:

22
23

Objection, relevance.
Mr. Hardin, relevance of how the

witness was employed when she met her first husband?

MR. HARDIN:

I think we're going to find-

what I hope to be able to show you is that her

credibility has a lot to do with the way she's

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misrepresented things all her life.

MS. MCNEICE:

I would suggest, Your Honor,

the incident that occurred on 9/26 is the crux of

this case, whether or not it occurred, and if it did

occur, the nature and extent of any contact.

MR. HARDIN:

And I don't disagree with that.

I want to be able to just explore a couple of areas.

This won't take very long I promise.

THE COURT:

I think the objection is

sustained.

witness was employed prior to meeting her first

husband.

13
14
15

16
17

I don't think it's relevant how this

MR. HARDIN:
Q:

Okay.

How would you describe the four years of your

relationship with Mr. Busch?

Some of the best times of my life, and some of

the worst.
Q:

I see.

And on this particular time, I notice the

complaint that you filed, can you and I agree on certain

dates?

occurred on September the 26th; is that correct?

I believe you've been testifying that this

Yes sir.

And I believe you filed this motion on November

24
25

the 5th, can weA:

Yes sir.

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--we'll agree with that?

THE COURT:

The Court will take notice of

that, it's in

4
5

MR. HARDIN:
Q:

All right.

And so, do you need to refer to it to know what

you said to the Court when you asked for it?

help you to have a copy of it?

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

Would it

Yes please.

Do you have an extra copy?

We can make one if we need to.
Thank you.

I've got one.

All right.

Now, was this-how did-where did you do this and

how did you type this, how did you report this?

I did not type this up, my attorney did.

Okay.

No.

And was that done in your presence?

THE COURT:

Now ma'am, when you say your

attorney did, are you speaking of Ms. McNeice or some

other-

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

Ms. McNeice.
--attorney?
No, Ms. McNeice typed this up.
All right.

And when was this done and where was it done?

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I can't say where she was when she typed this up.

But you were not with her?

I was not with her, we talked over the phone.

All right.

Yes.

According to you.

And did you tell-I don't want

attorney-client communications, but what I do want to know

is, I notice it doesn't mention that you entered the home

without permission, does it?

worked.

13
)

Did you dictate to her what happened?

Who said I didn't have permission?

My key code

Is it your contention that you had his permission

to be there that night?

Yes.

I thought you believe-r thought you testified

earlier that as soon as you arrived he told you to leave?

He said

Yes, and then he asked you to get out of there,

~who

the fuck is here?"

didn't he?

No, he did not.

Did you not testify to that a while ago?

I said during the conversation that he said that.

All right.

Yes, it was.

It wasn't your motor home, was it?

Was it his motor home?

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No, but I've lived there for four years.

It wasn't your motor home, was it?

No, it wasn't.

And you knew you didn't have any right there,

right?

Yes.

And so when he asked you to leave his home, his

motor home, did you do so?

I did, about ten minutes after.

Did you do so when he asked you to?

I did so when he choked me and smashed my head

12
13
14
15
16
17

into the wall.

Yes ma'am, I understand, I heard you.

I asked

you, when he asked you to leave did you do so right away?

No, I did not leave right away.

We continued to

have discussions.
Q:

All right.

And when you came in you didn't-when

you said you sent text messages you didn't let him know by

text you were coming, did you?

20
21
22
23

I don't have to.

We've been together for four

years.
Q:

Let me try again.

You didn't tell him when you

were coming that you were coming, did you?

No.

Actually, when you came in he was asleep, wasn't

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he?

He answered when I opened the door.

Yes ma'am, but he told you he was asleep and you

knew that.

you?

You came straight into his bedroom, didn't

He didn't tell me he was asleep.

You and your nine-year-old son came without him

knowing you were coming, did you not?

straight into his bedroom?

And you came

Mr. Hardin-

Is that true?

--I have been at this race track, at race tracks

with him for four years.

come in Thursday or Friday, okay?

Every single race.

THE COURT:

I always

Ma'am, it's going to be helpful

if you answer the questions that Mr. Hardin asks of

you when he asks them of you.

given an opportunity-

THE WITNESS:

THE COURT:

THE WITNESS:

22
23

I'm sure you'll be

I have no reason--to explain your answers.

--to believe I was unwanted

there.
THE COURT:

Ma'am, the other thing that you

need to do is make sure that you're not talking over

anybody, and especially that you're not talking over

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me.

Mr. Hardin, you may continue.

The demeanor you're showing now is your normal

demeanor that you showed that night, isn't it?

No, it is not.

Okay.

When you came in and you-were you

concerned about him, is that the thing?

Yes, I was very concerned about him.

And I believe you've testified you were very

afraid for him?

Yes.

Explain to the Commissioner why you would take

your nine-year-old son into that kind of circumstance,

where according to you you were afraid he was going to

commit suicide or something?

15
16

17
18
19
20
21

He never threatened to commit suicide until I was

there.

I see.

So you weren't concerned about that

before you got there?

I was worried about him.

He said he's laying on

the floor crying.

All right.
THE COURT:

Okays.

Ma'am, again, more to

the point of Mr. Hardin's question, what was the

reason why you took Houston with you?

THE WITNESS:

Houston was in my care.

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8:15 at night.

old kid at home.

THE COURT:

THE WITNESS:

Okay.
And I felt like the comfort

and love of his family is what he needed at the time.

THE COURT:

Okay.

So you took Houston with

you because you didn't have anybody to take care of

him right then?

THE WITNESS:

10
11
12
)

I'm not going to leave a nine-year-

THE COURT:
Q:

Correct.
Okay.

And were you concerned about taking him into a

situation like that?

No.

I really believed that he just needed the

14
15

When you say "he", you mean Mr. Busch?

Mr. Busch.

All right.

love and comfort of his family.

And how would you characterize Mr.

Busch's relationship with your son?

Very close.

Houston care very much for him?

Yes.

And did he appear to care very much for Houston?

Yes.

And were they good together?

Very good.

--._

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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN

.Was Mr. Busch very fond of Houston?

Yes, very much so.

Was Houston very fond of Mr. Busch?

Yes.

All right.

the particular night in question the only people who were

present was you, Mr. Busch and your nine-year-old son?

Yes.

When you arrived and you found out that he didn't

want you there, why didn't you leave?

11
12

Did you recall testifying that he told you to get

out before the physical altercation you're describing ever

occurred?

Yes.

All right.

So would you agree with me that if

you had done what he asked you to do in his home, none of

this would have had an opportunity to happen, whatever it

was that happened?

21
22

He didn't immediately say he didn't want me

there.

When you took him-and you and I agree

So you're saying that he had a right to put his

hands on me to throw me out of the motor home?

No rna' am.

That's what you're saying.

you?

What is wrong with you?

What's wrong with

How do you sleep at night?

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THE COURT:

Ma'am, the Court understands

that these proceedings are emotional for you.

think we have to understand that-

THE WITNESS:

[Interposing] I am not to

blame for him putting his hands on me.

THE COURT:

Ma'am, when I'm speaking to you,

you need to make sure that you don't speak to anyone

else so long as I'm talking to you.

doing his job.

Mr. Hardin is

And it's necessary for you as a

witness to do your job, and that involves answering

the questions he asks of you honestly.

be concerned about the way in which those answers are

perceived, you need only answer those questions

honestly.

You needn't

THE WITNESS:

THE COURT:

And answer the question.

Mr.

Hardin, you may continue.

MR. HARDIN:

19
20

Yes sir.

Thank you.

Ms. Driscoll, when you came into his motor home,

was he in bed?

Yes.

Did he customarily sleep in the nude?

Yes.

Was he under the covers, but sleeping in the

nude?

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Yes.

So when you came into his bedroom did he sit up

(
I,

to talk to you initially?

No, he stayed laying down.

Covered up with a sheet?

Yes.

Do you recall it was his idea to take Houston

into the front so he could watch TV?

No.

Is it your testimony that didn't happen?

Yes sir.

Okay.

I asked Houston to move to the front.

He did not say that, I did.

So if he were to say that he told you you

all needed to talk as adults away from Houston, and if he

is to say that he took Houston then into the front, got

him set up with the TV-

[Interposing] He did not get out of bed, and he

did not take Houston to get him set up with the TV.

did not happen.

Okay.

That

I wasn't quite through, but I think you're

answering my question.

did not take him to the front and close the door?

there some type of door or something that-let me restate

the question.

24
25

So is it your testimony that he

Is there some type of door or barrier that if he

takes Houston up to where the TV was in the motor home,

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Houston could be up there, away from the two of you

talking?

Correct.

But he did not take Houston.

He did

not get out of bed, and he did not take Houston to the

front of the motor horne, and the door was not closed to

the bedroom.

All right.

Was there a door blocking off Houston

from where he was sitting?

No.

How far away would Houston have been from the two

of you as you talked?

I'm not sure the length of the motor horne.

Okay.

Can you do it by measuring looking in this

14
15
16
17

courtroom, comparing it to some distance?

The back of the courtroom to probably where I am

right now.
Q:

All right.

So if this-if we walk this off, 30'

or more-more than that.

here, if we're looking at it visually, that would be a

pretty accurate rendition of how far away Houston was from

the two of you while you talked in the bedroom?

Whatever this distance is from

Approximately.

It's a big motor home in other words?

It's a very long motor home.

And is the bedroom toward the end, and the TV - -

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Yes sir.

Okay.

By the way, in your complaint why didn't

you inform the Magistrate, if we review this, this

actually occurred with you and your son coming into his

place?

page 3-

Would you look at it and see, if you notice on

I don't have page 3.

Okay.

I think I gave you just page 3.

You have it.

Do you see that?

Do you have any idea why you and your lawyer did not

inform whoever was going to review this that this event

occurred by you going to his home uninvited with your

nine-year-old son?

I had no reason to believe that I was uninvited.

Well, you knew by the time this was filed, did

you not, that there was media that we're aware of of the

event, had been writing about it, hadn't there?

I had nothing to do with that.

I'm not asking you if you had anything to do with

I had no idea there was media writing about this.

You had no idea the media-

[Interposing] I mean, you're the only one who was

""~-__/

it.

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Excuse me-

I'm sorry, that's the truth.

I haven't finished my question.

Okay.

What is your testimony as to whether or not you

knew, at the time this complaint was filed on November the

5th, that there were articles and public comment about this

alleged incident?

actually quoted in those stories.

What is your testimony as to your

awareness?
A:

I was not aware of it, because I signed this

statement in front of the police officer in the police

station.

14
15

This was actually done at the same time you were

making a criminal complaint to the Dover Police, correct?

Yes sir.

And so this-did you sign this in the presence of

the police officer, Det. Wood-

Yes sir.

--that was investigating?

So that we understand, this occurred on September

26th, according to you, correct?

Yes.

And you waited to November the 5th to report it

to the Dover Police, and to file this complaint, correct?

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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN

Yes sir.

And you filed this complaint and signed it in

front of the Dover Police at the same time you were making

an official criminal complaint for assault against Mr.

Busch, correct?

6
7

At the conclusion of my meeting with the

detective, yes.

You're pointing, is it-

My attorney, Carolyn-

I see, okay-

--said "Please look this over, I'm walking this

over to the civil side now."

Okay.

Yes.

All right.

So you did both the same day?

And can you explain why-you knew this

was going to be picked up by the media, it was a public

document, didn't you?

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19

I did not know that this-I thought we were

protected as victims.
Q:

I see.

And so, weren't you aware that when this

is filed that that might get in the media, and it doesn't

say anything about how this incident occurred, or that you

were there with your nine-year-old son, does it?

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25

I did not think this was going to get in the

media.

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Okay.

I was not aware.that this was a public document.

Okay.

And so-

You knew that it would require a public

hearing, didn't you?

Eventually yes.

And for that public hearing there would have been

no indication in here that you arrived in his place

uninvited with your nine-year-old son, right?

10
11

Again I'm going to state that I did not believe I

was uninvited.

All right.

Now, did you send him a text telling

him you were coming?

No.

Did he send you a text asking you to come?

No.

Did you all talk over the phone?

No.

And so, did you have any indication from him that

he wanted you to come that night?

He's texting me back, so yes, instantly.

He what?

He was immediately responding to me, so yes, I

felt like he wanted to talk.

You can agree he never said so, did he?

He's talking to me via text.

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1
2

Are you talking about your asking him what he was

doing?

I didn't ask him what he was doing.

You didn't text him and ask him what he was

doing?

I said "How are you?"

Oh I'm sorry.

8
9

And he told you that

he was watching a particular movie; is that right?

Yup.

You want to read it again?

through it.

the floor, watching a movie."

There's a big difference.

All right.

We can go

He said "I'm crying on the floor,

laying on

There's nothing about saying "Come to see me," is

there?

No, there is not.

Now, when you arrived at 10:00 that night, you

mentioned some other people that you left and went over to

afterwards.

Nick and Amy Terry.

And Mr. and Mrs. Terry, are they there as a

And who were those people?

trailer [phonetic]?

I was trying to ...

They have a motor home there too?

Yes.

And how far away was that motor home from Mr.

Busch's?

corner.

It was at the end of the row, all the way in the

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Okay.

Now, at the time after this occurred, you

described these different injuries and everything that

occurred, and we'll get to that probably after the lunch
break, before that happened you referred to something that
happened in New Hampshire was it?
A:

Yes.

It was after a race up there?

Yes.

And you described what kind of injuries did he

supposedly give you on that occasion?

When he pulled the rear-view mirror out of the

windshield he pulled it down and it hit me on the leg.

Did it appear to be on purpose?

No.

So you didn't mean to suggest that he was

intentionally hurting you in New Hampshire, did you?

I never suggested that he did.

Okay, I'm just asking, you didn't mean to suggest

No.

All right.

that?

So he was angry about how he had

driven, and the circumstances; is that a fair statement?

Yes sir.

And so he reaches up, pulls off a mirror?

Yes.

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And you're saying that because you were sitting

next to him somehow that hit your leg?

It did.

All right.

Any indication at all that he meant

to hit you with it?

I don't believe he did that on purpose.

Okay.

Now, the two of you were heading out, you

all were supposed to go away that weekend, weren't you?

During the week, yes sir.

Pardon me?

During the week, yes sir.

Well I mean, after the race-what day of the week

was that?

Sunday.

Okay.

So that week you were supposed to go

where, for several days in New England?

Yes.

So the Commissioner understands, these racers,

Thursday, Friday, Saturday are usually their main days,

and sometimes Sunday, correct?

Most days Sunday.

So this would have been, you all were going like

Monday, Tuesday, maybe Wednesday-

Yes.

--drive through New England?

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Yes.

It was to be a kind of a romantic time?

Yes.

And you were looking forward to it?

Yes.

And in the car he announces it's over, doesn't

While he's ranting about he's firing everybody.

Well,

he?

I was going to ask you that.

You knew, of

course, this is an open hearing and the press was covering

it today, correct?

Yes.

You made a great point, did you not, in your

answers to your lawyer, of saying a bunch of things that

he is supposed to have said about his teammates and other-

[Interposing] He did say those things.

Excuse me, excuse me.

That you know, as you sit

there, are going to be written by the media, right?

you?

Don't

Sir, I answered the questions as they were asked.

Just answer this first question ma'am.

The fact

is, you sat here today, did you not, and used names and

critical comments you claim he made, abusive comments

about other people by name that you claim he made, and

none of those things have anything to do with whether he

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assaulted you on the 26th, do they?

3
4
5

I was answering the question as it was asked of

None of those things-she never asked you what he

me.

said about his teammates, did she?

She asked me to repeat the-

She never asked-

--conversation.

--you what he said about his teammates, did she?

This is what he said.

She never asked you about what he said about his

12
13
14

teammates, did she?

A:
happened.

15
16

She asked me what happened, and I said what

MR. HARDIN:

so I've put

it three times, asking the same question.

THE COURT:

MR. HARDIN:

Judge, - - of five,

I understand the answer.

Thank you.

And in fact, you had a bunch of answer naming

people, Tony Stewart, his teammates, his driving team,

knowing as you said so that not only would it probably be

repeated by the press, but it would be extremely harmful

to him and his working relationship and his profession,

all conversations before this event ever happened that

you're claiming, correct?

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What I said he said he did.

Do you recall my question, at the very beginning-

THE COURT:

[Interposing] Ma'am, were you

aware that when you said these things on the witness

stand today that they would be reported by members of

the press?

THE WITNESS:

everything was going to be reported by the press.

THE COURT:

10
11

I didn't realize that

THE WITNESS:

Okay.
I'm just answering the

questions honestly as I am being asked them.

THE COURT:

Okay.

Well, when you do answer

the questions though, you actually have to answer the

part that's asked of you, and Mr. Hardin was asking

whether or not when you gave your testimony today

that you knew that the things that you said would be

reported by the press?

you answer that question, and you have.

Mr. Hardin.

MR. HARDIN:
Q:

And it's only necessary that

Thank you.

Didn't you-remember the Commissioner asked you a

question early on about when you talked about lining up

the Today Show interview or NBC show, I believe you said,

did you not, that you primarily handled the publicity for

his campaign, for his profession, not his campaign?

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Yes sir.

And it's your position-you've told others haven't

you that you made his career these last four years?

did say I made him.

brand.

Yes ma'am.

I said I helped improve his image and

But you actually told others, have

you not, that you feel that you should be compensated for

that, now that it's over?

MS. MCNEICE:

THE COURT:

Objection, relevance.
Goes to motive, objection is

overruled.

Isn't that true?

I did not say that I should be compensated for

all the work, that it's over.

compensation for the work that I did while working for

him.

18
19

Yes.

money for that?

Yes sir.

I see.

Are you asking the Commissioner to enter

any kind of finding about that?

No sir.

Okay.

Kurt and I always discussed

And is it your position that he owes you

(\~)

As I already answered that question to you sir, I

Well, isn't it true that if somebody-or

don't you think that if somebody's managing the publicity

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and the public image of a race car driver that they're

going to need to be pretty savvy about the media?
A:

Yes.

And you know a woman named Jenna Fryer don't you?

Yes.

And she covers NASCAR, does she not?

Yes.

She covers it for the AP, correct?

Yes.

Now, did you forget about her when you swore to

the Commissioner that you didn't talk to the media about

this?
A:

I did not make any statements on the record to

the media about this.

Well, the media-

[Interposing] You know what?

I can have some

friends in the media too that you can talk to as friends,

not anything that's on the record.

And when I some things

on the record, and you're right about being media savvy,

you say things are on the record when they're on the
record, to be printed in a story.

And when you say "I'm

talking to you as a friend and nothing I'm saying to you

is on the record," I have a right to talk to a friend, and
they have to respect that relationship.
THE COURT:

Are you asserting ma'am that you

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spoke to Ms. Fryer as a friend?

THE WITNESS:

THE COURT:

Yes sir.
Even though she's a member of

the media?

4
5

THE WITNESS:

THE COURT:

Yes sir.
All right.

Mr. Hardin?

friend,

people, and talking to Mr. Busch, and trying to intercede

And are you saying that you spoke to her as a

knowing that she was also interviewing NASCAR

on the two of you's behalf?

Ms. Fryer said that the person handling all of

this ,stuff for the Associated Press is somebody here in

Delaware, and she is not handling anything to do with

this.

And Ms. Fryer was actually going back between the

two of you before this story broke the day you filed your

complaint, right?

I did not talk to Ms. Fryer.

Do you remember when the Dover Police finally had

to make a public statement to satisfy the public inquiry

that they were investigating?

happened?

Yes.

All right.

Do you remember when that

And do you remember having

conversations with Jenna Fryer that morning and that

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night, telling her that they were going to make a public

statement?

No, I did not.

Okay.

Is it a fair statement that you have

discussed this with Jenna Fryer, an AP reporter, your side

of what happened, an AP reported, during the time this has

all been pending?

9
10
11

She and I have had discussions about certain

parts of this matter as friends.

So therefore is it your testimony that you have

talked to her?

As friends,

and nothing on the record.

All right.

I'm going to ask you a list of people

for you to-that I might have some questions for you with.

I want to see if you can tell me who these people are as I

go through them, if you would please.

[phonetic], who is that?

18
19

THE COURT:
A:

20
21
22

Do you know?
If you don't know--

No, ITHE COURT:

Erica Anderson

--the person ma'am-

--I don't.
THE COURT:

--you don't need to ...

You don't know her?

I mean, the name sounds familiar.

Okay, but you're not sure who it is?

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No.

Okay.

He is my employee.

And what is his position?

He is a communications director for the Armed

6
7

Matthew Ballard.

Forces Foundation.
Q:

And how long has he been the communications

director?

Almost two years.

Did you send him any emails or pictures yourself

the next day, the 27th?

Yes sir.

Were the pictures you sent the pictures she's

shown you that have been introduced into evidence?

Yes sir.

These are the pictures you took yourself?

Yes sir.

Do you recall what you told him in that email?

MS. MCNEICE:

THE COURT:

Objection, calls for hearsay.

Well, it's supposedly the email

that was sent by the witness, so it's not hearsay.

MS. MCNEICE:

I apologize.

Do you recall what you told him?

That I can't go to-that Kurt hurt me and I can't

go to Dover.

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So that's what you told him?

Yes sir.

All right.

[Interposing] I had also tried to get a hold of

5
6
7

Did you-

him that night.

Did you also ask him to lie to the police and

tell them that he saw you that day personally?

No.

Is it your testimony under oath that you never

asked Matthew Ballard to tell the police that he saw you

the Monday after this event of the 26th, and tell the

police that he saw you then and saw your injuries?

He never-I never asked him to do that.

He never

saw me on the 2 oth_the Monday after, because I was not in

the office.

I did not see him until Tuesday.

Is it actually maybe seven to ten days after the

26th before you ever personally saw him?

Nope.

Now, do you remember who Ross Blankenship

[phonetic] is?

That name sounds familiar.

Do you remember him as a former employee of the

foundation?

Maybe the CFO?

Ross Blanken-a CFO?

No, we do not have a CFO of

the foundation.

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Okay.

Maybe he was an intern at our foundation.

How about Luke Barrett [phonetic]

and his wife

Charisse [phonetic]?
A:

They're owners of - -

All right.

You actually knew them before you

knew Mr. Busch; is that correct?

Yes sir.

You've known them eight or ten years?

No.

Have you talked to them about this incident?

No.

Never?

No.

Chrissy [phonetic] Cloutier-how do you pronounce

Do you recall who he is at all?

her last name?

Cloutier.

Cloutier, and C-L-0-U-T-I-E-R?

Yes.

And who is she?

She's Kurt's assistant.

Okay.

Yes.

Did I pronounce it correctly?

Close enough, Domcheff.

Michael Domcheff?

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And who is Michael Domcheff?

He is the motor home driver.

Okay.

/
I

And motor home-he drives the motor home

for Mr. Busch?

Yes sir.

Would he have been somebody you would have seen

the week before this incident that you're describing?

Yes sir.

Okay.

My ex-husband.

And then a Janet Parker?

The fishing lady.

Fine.

Who?

Richard Sniffer?

I don't know, Richard-

Do I pronounce it wrongly?

I don't know a Richard Sniffen.

Maybe I have spelled it wrong.

And then Herman-Geoff Herman Storfer?

And who is Richard Sniffen [phonetic]?

[Background conversation]

MR. HARDIN:

my fault,

I'll check on it.

Hold on just a second.

I got the name wrong.

What was the name that you used that consults

with you sometimes?

That's

Richard Andrew.

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And how do you-

Andrew.

That's how you know him?

Yes sir.

Okay.

100

You've never known him under the name of

Sniffen?

No.

Richard Andrews [phonetic] .

Yes.

Whenever we talked about it it's Mr. Sniffen.

Okay.

And you said that you talked to him?

Yes sir.

And when did you talk to him?

I talked to him on the phone after the incident

happened.

After this incident happened; is that right?

Yes sir.

All right.

Now, what kind of-I mean, how would

you describe your relationship with him?

He's been a spiritual counselor for both Kurt and

I, you know, and he's a guy who came and works with our

church at the NASCAR tracks, and somebody that Kurt really

took to.

friend of ours.

We really love his music.

He's become a good

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All right.

101

Would you consider him a good friend

of yours?

Yes.

So is he a friend of both of you?

I believe so, yes.

Okay.

By the way, while we're talking about

this, do you contend that Mr. Busch, in those four years,

ever on any other occasion physically assaulted you?

Yes sir.

What?

Yes sir.

You do?

My attorneys.

Anybody other than your attorney?

One of my staff members.

Pardon me?

One of my staff members.

And which staff member is that?

Wendy O'Neill [phonetic].

I'm sorry?

Wendy O'Neill.

And when do you contend this other-is it more

And whom have you told that to?

than one occasion according to you ma'am?

No sir.

And when was this other occasion?

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A couple of years ago.

Really?

Well now, were you receiving counseling

by Mr. Anderson [phonetic] at that time?

Andrews.

Andrews, excuse me.

Not sure exactly the timing of his counseling.

Were you?

But that sounds about right.

[Background conversation]

And I'm sorry, my neighbor also knew.

I see.

102

I'm curious, why didn't you ever tell Mr.

Andrews that?

He might have known too.

Pardon me?

He might have known too.

Well, if he said you've never ever indicated that

16
17

would that be right or wrong?

I think I must have told Richard Andrew.

THE COURT:

Ma'am, you don't need to

speculate about answers.

fine.

fine too.

22
23

If you don't know whether you told him, that's

THE WITNESS:

I think I did.

I'm not

positive sir.

24
25

If you do know, that's

THE COURT:
Q:

All right.

After you talked to Mr. Andrews did

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you have conversations with him after-have you had

conversations with him after the 26th?

and tell him this on the phone on the 26th or the 27th?

he one that you called that night?

Yes sir.

Pardon me?

Yes sir, on-I called him on my drive home.

All right.

Did you call him

103

Was

So if we were trying to plot people

you talked to that night, you talked to Mr. Terry and his
wife; is that right?

Yes sir.

And you would have called Mr. Andrews on the way

Yes sir.

And you would have sent these pictures the next

home?

day to Mr. Ballard, one of your employees?

In the morning, yes.

All right.

And so, when you called and talked to

Mr. Andrews, after that have you talked to him on repeated

occasions?

Yes sir.

And how many times would you estimate you've

talked to Mr. Andrews about all of this since then?

I don't know.

Do you consider him an honest man?

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Pretty honest man.

Pardon me?

Yes sir, pretty honest man.

All right.

occasions and tell him your intention was to take Kurt

down?

No.

Did you ever tell him your intention was to

destroy Kurt's career?

No.

[Interposing] Have you used-have you ever used

Did you ever call him on multiple

104

Richard and I-

literally the word with him "Destroy Kurt's career"?

No.

Did you ever tell him that you believed you had

15
16

completely changed and remolded Kurt's reputation?

I believe I have told him, as I told you, I do

feel that I have done a great job of fixing his image and

brand.

now, right?

I see.

Would you agree you've taken care of that

THE COURT:

I'm sorry Mr. Hardin, you have

to make your question a little more clear.

understand that one.

24
25

MR. HARDIN:

I didn't

That's fine Judge, I'll move

on.

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THE COURT:

105

Okay.

She feels when they're-did you ever say that when

the relationship started Kurt had a bad boy reputation and

you came in and completely remade him singlehandedly?

I do remember an article saying that about me.

I did not say that singlehandedly comment, that's

in an article.

I'm asking you if you said that to Mr. Andrews?

I don't recall saying that to Mr. Andrews.

I don't recall mean you didn't or you just don't

remember?

No, I don't-I don't believe I would have said

So is your testimony you did not say it?

I did not say that, no.

Ma'am, I'm just asking if you said it.

I just said no.

Okay.

that.

Did you?

Have you ever said that you and you alone

were responsible for changing Kurt's reputation from a bad

guy to a respected guy?

telling you.

image from a really bad boy, since 2011.

Again, I'm going to repeat the same answer I keep

I have said I have greatly improved his

Did you tell him that

~Kurt

is just not going to

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walk away from me like that"?

No.

3
4

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

And we're still talking about

Mr. Andrew?

106

Yes, yes, we are.

Okay.
Thank you.

Did you tell him you've made sacrifices with your

career and your non-profit on behalf of Kurt?

Yes.

Did you tell him that Kurt had bought you a car

for $90,000, and if he thinks he can just walk away by

just giving her a $90,000 car, that's just not going to

happen; did you tell him that?

No.

Did you ever say, quote,

~I'm

going to get

reimbursed for everything that I ever did for his career

as a PR person"?

Did you ever tell him that?

To Richard?

Yes.

No.

Did you tell him, quote,

will destroy him,

which speaks beyond getting compensated, now it speaks to,

in addition to myself getting compensated, I'm going to

destroy his career"?

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No.

Okay.

107

Now, did you go to officials at NASCAR

after this incident to give them your spin and people you

wanted them to talk to?

Two senior guys from NASCAR sit on my Board at

the Armed Forces Foundation.

to report to the police, I have an obligation to notify my

Board if something could potentially harm the reputation

of the foundation, or the foundation is about to come into

A few days prior to me going

some bad news.

police.

member and said this is now the guy who will be

investigating on behalf of NASCAR the situation.

I informed my Board, and I went to the

NASCAR in turn sent somebody that was not a Board

When did you do all that?

The Monday before I went to the police.

Well, you went to the police on November the

5th.

Do you recall what day of the month that was, or week

rather?

Then it would have been November 3rct.

All right.

Yes sir.

And you think they then told somebody else at the

NASCAR?

Yes.

And so, who is Mr. John Bobo, B-0-B-0?

And so, you told the Board then?

Is that right?

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2
3
4
5

He is the person that NASCAR has designated to

investigate this.
Q:

Is he with the general counsel-is he the general

counsel at NASCAR?
A:

I was directed by my Board members that this is

the person designated by-I don't know his official title

and position.

108

So let me see if I understand.

Two or three days

before you filed this complaint that we're hearing now,

and you go to the police alleging a criminal assault, you

tell in a forum that you know that will make NASCAR know

what your allegations are, and that you're going to the

police, correct?

Yes sir.

And then Mr. Bobo contacts you, doesn't he?

Yes sir.

And he asks for names of witnesses?

Yes sir.

And because they're going to, understandably, as

an organization look into it, right?

Yes sir.

And you knew-how long had you been working with

NASCAR?

Six years.

Pardon me?

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109

Six years.

Yes sir.

And are you all a sponsor for NASCAR or anybody?

No.

What is your foundation's relationship with

NASCAR?

NASCAR sponsors us.

Okay.

The founda-NASCAR Foundation gives us money.

All right.

13
14
15

Before Mr. Busch?

And NASCAR gives you all money?

And you're pretty-would you say

you're pretty familiar with NASCAR?

It's a complex organization.

As familiar as

someone could be, I guess.

Well, but I think you said by the time you all's

relationship began-once it began you were at every one of

his races, correct?

Yes.

Would you agree that you're very well plugged in,

as it may be, with NASCAR?

Okay.

No, I'm asking if you would agree?

THE COURT:

elaborate-

I guess you may need to

Yeah, what do you mean by "plugged in"?

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THE COURT:

110

--on "very well plugged in"

means.

3
4
5

MR. HARDIN:
Q:

Sure.

Would you say that you're well connected to

people in positions of responsibility in NASCAR?

Yes.

And as somebody that you say made him publicly

I said two of them sit on my Board.

the last four years of his career, and rehabilitated his

image, would you say that you're familiar, much more than

the average person, of how NASCAR might react to an

allegation such as you're making here?

with me?

Would you agree

sports.

Pardon me?

Yes sir, just like any of the other professional

sports.

Yes sir, just like any of the other professional

Okay.

Are you aware Jenna Fryer tells Mr. Busch

if he didn't get this patched up with you before the

announcement happened, once the Ray Rice incident happens

it's all over, right?

MS. MCNEICE:

THE COURT:

the witness-

Objection, this calls forWell, it's a question whether

I am not aware of any conversation-

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THE COURT:
A:

111

--is aware of that conversation.

--taking place.
THE COURT:
MR. HARDIN:

And the witness has answered.

That's the only question, thank

you.
Q:

Now, you knew when you informed NASCAR and you

gave the general counsel names of people to talk toA:

Yes sir.

--you knew what NASCAR's position was, right?

I gave them-I gave-go ahead.

You knew the impact that was going to potentially

have on his career, didn't you?

THE COURT:
ma'am.

You can answer the question

It's-

Yes sir, potentially.

And when it happened, this incident, the way you

described, whatever happened that night, you and I can

both agree that you're each going to agree that you were
in his home that night, correct?
A:

Yes sir.

On the 26th.

And then why didn't you go to the

police immediately?
A:

Because I'm involved in a legal custody battle

for my son.
Q:

Well, I'm trying to under-I saw that your lawyer

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said that publicly in response to the press.

what does that mean?

start from the beginning.

4
5

I'm curious,

What would your custody-I'm going to

Your custody trial is scheduled for February of next

year, correct?

Yes sir.

Or whatever the dispute is now.

Right.

But there were no hearings scheduled and

proceedings going on-

Incorrect.

--at that time?

13
14

When were they?

When were they

scheduled?

We had motions for dismissal already in to the

Court.

all kinds of action going on.

witnesses for deposition going between both sides.

was a lot of activity going on.

112

There was motions out for discovery.

I see.

There was

A list of potential
There

And so your testimony is that because of

that you didn't want to go to anyone officially and tell

them what you claimed Mr. Busch did?

23
24
25

Yes sir.

I was not going to do anything until I

spoke to my custody attorney first.

Is he just really, really busy?

Who's your

custody attorney?

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2
3

Rob Erbman [phonetic] .

He was on vacation for a

week and a half at that point.

Yes ma'am.

We're talking about the timeframe,

are we not, from September 26th to November the 5th,

correct?

Yes sir.

Now, when was he on vacation?

He left for vacation that weekend.

The weekend of the 26th?

Yes sir.

And so he would have returned, what, the first

113

week in October?

Sometime, yeah.

Isn't it true ma'am that that week from that

Sunday, the 21st, to Friday the 26th, you were still hoping

to get back with Mr. Busch?

My emotions were all over the place.

Is it your testimony you were not hoping to get

back together?

Depending on what hour of the day it was.

I see.

And then in that week, that Sunday, he

got out of the car at the Boston Airport, didn't he?

Yes.

And he was driving, wasn't he?

Yes sir.

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114

And he announced to you it was over, didn't he-

He's--

--on the 21st?

He's said that a million times.

Pardon me?

He says that a million times.

Then the answer is yes, correct?

Yes, sir.

All right.

And you told him to stop the car,

didn't you?

Yes.

And he stopped the car, didn't he?

Eventually.

Well, he stopped the car, actually, right there

at the airport, didn't he?

Right in front of a rental car agency.

He got out of the car, went back to the back,

didn't he?

him.

left.

22
23

I don't have a rear-view mirror, I couldn't see

He got out of the car and I put the car in drive and

And you knew his baggage and everything was in

the back seat, right?

I was not thinking about his bags.

I understand.

You drove off mad, and left him

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standing there without his bags and everything, right?

That's the truth, isn't it?

Yes sir.

All right.

Because you talked later to your

lawyer about getting his bags back to him in a couple of

days later, right?

A:
bags back.

115

I did not talk to my attorney about getting his

I talked to his assistant.

I thought you said that in your testimony.

No,

I see.

And I gave my bags to my people to give to him on

13
14
15

I said I spoke to his assistant.

Thursday morning.
Q:

Ma'am, this is what happens when you and I don't

let each other finish.

Okay.

I apologize

I was talking about you told

your attorney a while ago, in your testimony today, that

you got his bags back to him a couple days later?

Yes sir.

All right.

Now, you knew, as of the 21st' that

as far as Kurt Busch was concerned it was over-

No.

--he told you that, right?

Well, we would agree

he told you that?

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He said it.

Pardon me?

Yes, he said that.

Okay.

NowMR. HARDIN:

Your Honor, it's going

to~with

your tolerance, it's going to be a while longer.

you want to break for lunch.

THE COURT:

MS. MCNEICE:

Counsels?
I do need to make a phone call

if I might, Your Honor, and-

THE COURT:

Well, obviously if the parties

want to break for lunch, I'm good with that.

want to work through, I'll work through.

Driscoll-

THE WITNESS:

THE COURT:

116

If you

Ms.

I'm fine.
Okay.

Do you want to take a

brief recess so you can make your phone call?

MS. MCNEICE:

THE COURT:

Yes, if I may.
And again Mr. Hardin, if you all

need to get lunch or something you let me know, and

we'll take a break.

parties want.

MR. HARDIN:

I'm good to go with whatever the

Is there-if we did take a break

is there someplace close by that could be done real

quickly?

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THE COURT:

117

Where you could get lunch real

quickly?

of the road.

4
5

MR. HARDIN:

Well, I didn't know whether you

want us to do it-excuse me, go ahead.

THE COURT:

Yeah, there's tons of places

just down the end of the road where you can get some

lunch real quickly if you want.

[Background conversation]

There's tons of places just down at the end

MR. HARDIN:

I think we'll just go ahead, if

that's okay, so we could take the break for her to

make her call?

THE COURT:

MS. MCNEICE:

THE CLERK:

[OFF THE RECORD]

[ON THE RECORD]

THE COURT:

Are we back on the record?

THE CLERK:

Yes, we are.

THE COURT:

Sorry about that.

Sure, will do.

All right.

Thank you.
All rise.

I can see the

numbers when we're in my courtroom.

numbers here because they're way down there.

right, Mr. Hardin, you may continue.

24
25

MR. HARDIN:
Q:

I can't see the

All

Thank you.

Ms. Driscoll, before today have you seen Mr.

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Busch since September the 26th of this year?

No sir.

Has Mr. Busch made any attempt to contact you or

come to you?

Through other people.

Has Mr. Busch himself-can you give us any example

of Mr. Busch trying to see you?

He's just texted me.

Can you give us any example, any evidence, that

118

Mr. Busch has made any attempt to personally see you?

Not directly.

What does "not directly" mean ma'am?

As in, he did not call me saying "Can I see you?"

He did send a text message saying "Can we talk."

Well-

But he has talked to other people saying that

he's wanted to see me.

I see.

Has he made any attempt-

THE COURT:

[Interposing] You mean other

people have come to you and told you that he talked

to them?

THE WITNESS:

THE COURT:

24
25

Yes sir.
All right.

Thank you.

I'm

sorry Mr. Hardin for interrupting.

MR. HARDIN:

No, thank you.

I really am

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back to the same thing.

Would you agree with me that you cannot give this

Commissioner a single time since September the 26th that

Kurt Busch has tried to physically see you?

He has not reached out to my directly to attempt

to see me.

119

Right, okay.

a protective order.

I guess-you know you're asking for

Are you saying you're afraid of him?

Yes sir.

Are you really saying that, in light of the fact

that he's made no attempt to see you or do anything

towards you since September 26th?

He has contacted my family members.

He's

contacted my staff.

You've threatened them, you've tried to bribe them.

There's a lot that you guys have tried to do to try to

make people scare me.

guys.

You have, your attorneys have.

I mean, it's been nonstop with you

Why are you doing this?

THE COURT:

Ma'am, you just need to answer

the questions that are asked of you.

some time to compose yourself you may.

questions of counsel.

If you need
You can't ask

If we go through emails in October of this year,

before you ever filed this complaint, before you filed the

complaint with the police and before you asked for this

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120

protective order, are we going to see any text messages in

which Mr. Busch is trying to see you?
A:

To see me? No sir.

Have you seen, heard, or have any basis or reason

to believe that he has physically been anywhere near you

any time since September the 26th of this year?
A:

Yes sir.

He has been at-in Las Vegas, we were

both there the first week of December, at events we both

had, work related.
Q:

He was there doing his job, right?

And I was there doing mine.

Well, did he have any-make any attempt to see you

in Las Vegas?
A:

No sir.

You asked if he was anywhere near me.

said yes sir, he was.

THE COURT:

She's right, that was the

question Mr. Hardin.

MR. HARDIN:

All right.

Did he make any attempt to see you personally-

No sir.

--in Las Vegas?

No sir.

Did you see him in Las Vegas?

I did not.

To your knowledge, did he see you?

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Not to my knowledge.

So let's try again.

121

Is there any-do you have any

evidence at all that Mr. Busch has physically tried to be

around you or see you since September the 26th of this

year?

No sir.

All right.

So can we agree for the Commissioner

that this protective order that you are asking for hasn't

been necessary since September the 26th, has it?

Sir, I don't know what he's capable of doing.

Well, I'm only asking you for what the

indication-

15
16
17

[Interposing] The reason I asked for the

protective orderQ:

[Interposing]

I didn't finish my question, but go

ahead, say what you want to say.

The reason I asked for the protective order is

because I don't know what he's capable of, sir.

know what he's going to do.

20
21

Yes ma'am.

I don't

Well, when we go back to September

the 21st, had he told you that it was over?

Yes sir.

Did he make any attempt to see you between

September the 21st and September the 26th?

No sir.

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So can you and I agree that for five days after

he told you it was over, and you went off in your car and

left him at the-standing out in the street at the Boston

Airport, is there any indication that from that moment

forward he has made any attempt to ever be around you?

No sir.

All right.

122

So, isn't it true that you took that

rental car, which was in his name, wasn't it?

Yes sir.

And you didn't turn it in right away, did you?

No sir.

You kept it, and actually you wrecked it, didn't

I did not.

Did you do the damage to the front they sent him

you?

a notice for?

There is no damage to the front.

When you turned it in to Hertz, if Hertz were to

say that you finally returned the car, it had been damaged

in the front end, wouldthey be wrong?

The damage that was done was by him wrecking the

windshield and pulling the rear-view mirror out of the

car, and he ripped the emergency trunk handle out of the

trunk.

I see.

And you don't have any explanation for-

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123

[Interposing] I did do those-

You have to let me finish, please.

Do you have any explanation for the damaged front end

they want him to pay for?

MS. MCNEICE:

has no information-

No.

MS. MCNEICE:

MR. HARDIN:

10
11

My client indicated she knows-

MS. MCNEICE:

--about the damaged front end.

Thank you.
The question has been asked

and answered.

THE COURT:

Thank you for the objection.

have heard now the answer, and will consider the

question answered.

15
16
17

MR. HARDIN:
Q:

Thank you.

Now, after you kept that car do you recall when

you turned it in?

My staffer, Matt Ballard, turned it in.

Pardon me?

My staff, Matt Ballard, turned it in on Thursday.

Okay.

Now, when you went on did you contact him-

-on the 26th I believe you introduced some texts.

been contacting him very often between September the 21st

and September the 26th?

No.

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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN

124

Had you attempted to see him between the 21st and

No sir.

Do you recall calling his mother repeatedly on

Yes sir.

How many times would you estimate you called his

mother in North Carolina, the day before this incident

ever occurred?

In our dating history?

No, on that day.

12
1

How many times?

THE COURT:

No,

just between the 21st_

Just that day.

14
15

THE COURT:
A:

I'm sorry-

16
17

--and the 26th.

MS. MCNEICE:

The question was-which day are

we talking about?

MR. HARDIN:

THE COURT:

25th.
25th.

20
21

Yes.

Is that a Wednesday?

23
24
25

THE COURT:
Q:

September.

September the 20-

The day before this is all supposed

to have happened.

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THE COURT:

September the 25th is a

Thursday.

Thursday?

Did you email her?

I don't believe so.

Did you email her and tell her you were concerned

about Kurt?

I talked to her on Tuesday of that week.

How many times?

I was in a place with bad signal, and my phone

125

I don't recall calling her.

kept dropping.

What does that mean?

Well, I call her, I had one bar, and when you

start to talk and it would drop, and I'd have to call her

back, or she'd call me back.

That's all you remember doing?

Yes sir.

Okay.

I mean, I'd have to go get my phone to go look

21
22

through to give you an absolute correct answer.

Well, hold on just a second, let's see if I can

help you.

did you still want to get back together?

As of the 25th, before you went to his place,

Yes sir.

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2
3

Okay.

And was that still your goal when you went

there that night on the 26~?

Yes sir.

As I've explained before, we've had

lots of these kinds of fights, and we get back together,

we always do.

All right.

And so it was your plan when you went

there that night to get back together?

It was to talk it out sir.

All right.

And I'm going to, if I could, on

Exhibit 8-

[Background conversation]

MS. MCNEICE:

126

we referring to?

I'm sorry, which exhibit are

I'm sorry, which exhibit?

MR. HARDIN:

THE CLERK:

We don't have it, we're only on

THE COURT:

We're only on 7.

17
18

Did you want

the lastMR. HARDIN:

doing ours.

make it R-8-

I was actually going to be

Should I say Respondent 8?

Should I

THE CLERK:

Well, it's-

THE COURT:

That would be R-1 sir.

THE CLERK:

R-1.

THE COURT:

Respondent's 1.

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MR. HARDIN:

THE COURT:

(
3

MS. MCNEICE:

MR. HARDIN:

I don't know who it is, I

Let me see if I can clear it up

with her.

8
9

Ms. McNeice, do you have any

don't know who this phone number belongs to.

Okay.

objection to this document being admitted?

.4
5

THE COURT:

All right, that's fine.

Then I

won't look it until you all have admitted it.

Would you look at this and see if this reflects

text messages that you had with his-with Kurt Busch's

mother?

14
15
16

127

Do you recognize the number?

This says message received 11/10.

I did not text

her then.
Q:

That's how it's forwarded to us.

If you would

look at the date that the body talks about.

Yes sir.

So I want you to look at it, see if this

refreshes your-are these the exchanges you had with Kurt's

mother?

Where's her responses back to me?

Yes, does it reflect those responses back to you?

23
24
25

THE COURT:

Do you recollect the text

conversation that is contained in that document?

THE WITNESS:

The conversations missing here

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of her responses back to me.

2
3
4

THE COURT:
Q:

Ma'am, there's a whole lot of conversations

missing that you allA:

[Interposing] Well, why are you-

Excuse me.

I'm just simply asking you if you

recognize these?

Okay.

THE COURT:

Ma'am, you just need to answer

the questions, and you'll be given an opportunity to

explain.

you had with Mr. Busch's mother over text?

Is that your side of a conversation that

THE WITNESS:

MR. HARDIN:

THE COURT:

MS. MCNEICE:

THE COURT:

All right.

Then I would move

All right, Ms. McNeice?

I have no objection.
All right, that will be admitted

as Respondent's 1.

19
20

Yes sir.

to introduce it as Respondent 1.

128

[Whereupon Respondent's Exhibit 1 was

admitted into evidence.]

THE COURT:

Ma'am, you'll be given an

opportunity to discuss what is missing and things of

that nature, but you just need to answer the

questions that are asked of you.

Now, if you looked at these, see if this is

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refreshing, do you recall texting her on 9/23-and it would

help you here if you would look, I'll represent to you

these are texts forwarded to us, that's why you saw that

date up there, the 11/10/20 [phonetic] .

and see, all of them are forwarded to us at that date.

Are you with me?

If you look at

I don't believe that I text ...

Well, let me read it out loud and see if you

9
10
11
12

remember saying thisA:

Is the 23rct a Tuesday?

I do not have a calendar

in front of me.
Q:

23rct.

Well, it's going to be a Tuesday, isn't

it, if Friday-what was the date that you say that he

assaulted you?

15
16

THE COURT:

18
19

I've got a calendar, and

September the 23rct was indeed a Tuesday.

129

THE WITNESS:

All right?

Okay.

So, and didn't you tell me a while

ago you called her on Tuesday?

Yes sir.

Okay.

So now, do you recall saying to her, at

3:56 that day, "I'm worried sick about Kurt, can you

please talk to him?"

Yes.

Do you remember saying that?

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130

Yes sir.

(
I

THE COURT:

MS. MCNEICE:

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

And Mr. HardinObjection.

--just for the Court's benefitYes.
--the rest of thisWould be--transmission isThe mother's, right.
--Mr. Busch'sMother's, right.
--mother's representation that

this message was sent to her on September 23rct?

)
14

MR. HARDIN:

MS. MCNEICE:

Yes sir.
May I clarify something?

You

said something was sent-she sent something at 3:56?

MR. HARDIN:

You're actually right, I got

that wrong, thank you, I'll correct it, thank you.

If you'll notice, she'll say that it was sent to

you-you sent it to her at 7:46p.m.

do you recall calling her in the evening?

Yes sir.

Okay.

Then that's it.

correct.

response from her the first time?

Do you recall, - - ,

And your lawyer is

And then do you-you didn't-did you get a

Because at 8:12

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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN

131

write to her, ncan you please talk to me?", do you recall

that?

Yes sir.

And then at 4:01 p.m.-actually, at 8:12 p.m.,

throughout the same time, you say ni called the house."

Do you recall that?

times you said you were trying to reach her?

Is this sort of fitting into the

Yeah, minus her conversation back with me.

Pardon me?

Minus her text back to me that said ncall the

house", yes sir.

THE COURT:

your-

15
her.

These are just your messages to

Then you tell her again, did you not, at 8:15, ni

really need to speak with you"?

so urgently calling her about?

These are just

Yours to her.
THE COURT:

Understood.

What was it that you were

I wanted to talk to her about what was going on

with Kurt and I, and the fight that had happened, and that

he was back to drinking again.

concern of hers, and mine's, and her father's for a long

time, his alcoholism and his depression.

And this has been a

Whose alcoholism?

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Kurt's alcoholism.

Oh, you're now calling him an alcoholic too?

He's admitted it, yes, sir.

I see.

And I think you volunteered that when

your lawyer was talking to you before, didn't you, that he

would go into these drunken stupors you said?

He did.

All in this public hearing that would be

10
11

12
\
)

132

13
14
15

recorded, that has nothing to do with whether he assaulted

you on the 26th, correct?

Sir, I am ask-I am answering the questions as

they're being asked to me.

Again, nobody asked you if he was an alcoholic,

did they, when you volunteered it?

MS. MCNEICE:

the witness.

talking to-

18
19

Objection.

He's arguing with

He asked her what was the urgency in

MR. HARDIN:

No, no, I'm speaking to your

question to her.

MS. MCNEICE:

--Kurt's mother-

THE WITNESS:

Yes.

MS. MCNEICE:

If he doesn't like the answer,

well then he shouldn't have asked the question.

MR. HARDIN:

THE COURT:

No, I'm not speaking[Interposing]

It's okay.

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133

understand, and I understand the witness' testimony

as well, and I'll allow the question to be asked, and

ma'am you can just answer the question as best you

can.

What were you calling her about?

That he was drinking again.

Well, you don't say that in these texts, do you?

No sir.

And do you have texts in which you told her that

that night?

No, because we're talking about it on the phone.

I see.

[Interposing] She wanted to put him into rehab.

So-

She said that he needed to be in an inpatient treatment

over the off season.

16
17

Why don't you just call a press conference and

say every damn thing you think will harm his reputation?

18
19

And this is what our discussion was.

THE COURT:
A:

Mr. Hardin-

You asked me what my conversation was.

THE COURT:

Mr. Hardin, that's not an

appropriate question, it's argumentative.

strike it.

MR. HARDIN:

I'll

All right Your Honor.

objection is, if we go back, what she just

volunteered was not responsive at all.

But my

And it's been

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going on now for a day, so I'll withdraw anything

else about that, and we'll move on.

as Exhibit 12, which would be Respondent 2.

you.
THE COURT:

Thank

I don't get to see it until it's

been admitted.

Could I have what we've marked

Now, let me ask you this ma'amMR. HARDIN:

134

MS. MCNEICE:
Q:

I don't have one.

Thank you.

Now what I'm going to, if I may ma'am, would you

look through it, and this is-I represent to you that this

is excerpts or these are emails from a limited period of

time from Mr. Busch's cell phone.

see if you would look through and recognize-and if, for

the Court, we can agree that whenever you see a bracket on

these emails, those are things he texted you, and the

unbracketed portions are from you to him.

time, look at it and see.

THE COURT:

I want you to look and

Just take your

Mr. Hardin, how many pages are

we asking the witness to look at?

right, ma'am, we're going to recess in order that you

can read those, and we'll come back in.

the Bailiff know when you're completed reading them,

and we'll return to the bench.

THE CLERK:

All rise.

Nine pages?

All

You just let

Everybody else just

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135

kind of remain where you are.

[OFF THE RECORD]

[ON THE RECORD]

THE COURT:

Back on the record?

THE CLERK:

Yes.

THE COURT:

Thank you.

you had a chance to review the document?

THE WITNESS:

THE COURT:

10
11

Ms. Driscoll, have

Yes sir.
Okay.

Mr. Hardin.

Does it reflect email exchanges that you and Mr.

Busch had from October the 13th?

No, we did not email.

Did I say emails?

Yes sir, you did.

Okay, I'm sorry, I meant to say texts.

These are text messages.

Does this

accurately reflect text messages that you and Mr. Busch

exchanged from October the 13th to October the 20th of this

year?

There seems to be some things missing.

Pardon me?

There seems to be some things missing in there.

22
23
24
25

THE COURT:
Q:

Okay, but are there things that-

That wasn't what I asked you.

THE COURT:

Are the things that are there

text messages that were sent between the two of you?

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THE WITNESS:

THE COURT:

Meaning that may not be all the

text messages that you all sent, but the things that

are there, are they text messages that you folks

sent?
THE WITNESS:

And I would have to compare

them to my phone to make sure that they're exactly

the same.

or things missing in here.

10
11

Because there seems to be words taken out

THE COURT:

There are things missing from

the messages?

THE WITNESS:
Q:

Yes sir.

Ma'am-

THE COURT:

THE WITNESS:

THE COURT:

Ma'am, have youI would have to compare them--placed your phone in the

locker here so that it could be accessed, or do you

have it?

19
20
21
22

'
~)

Yes.

136

THE WITNESS:
station.
THE COURT:

It's in your car at the Dover

Police Station.

THE WITNESS:

THE COURT:

It's in my car at the police

Yes sir.
Or Capital Police Station, one

of the two?

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THE WITNESS:

THE COURT:

Apparently that's not

have to ultimately explain to. the Court.where you

think things are missing in the document-

So what we'll do, ma'am, is you'll just

THE WITNESS:

Okay.

THE COURT:

--once it is admitted, if it

is admitted.
THE WITNESS:

THE COURT:

Yes sir.
Mr. Hardin.

On October the 13th of this year had you reported

what you claim is the assault by Mr. Busch to any law

enforcement agencies?

No sir.

Had you reported it to any Family Law agencies?

No sir.

Had you sought a protective order from him?

No sir.

Were you, according to you, afraid of him at that

Yes sir.

You and I know these messages don't reflect that,

Okay.

available.

Yes sir.

137

time?

do they?

They don't say "I want to talk to you".

They don't say that you're afraid at all, do

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138

they?
A:

I think they do.

I count 54 messages.

Okay.

And 12 of them are from him.

I don't agree with you.

What part don't you agree with?

I know the way that my phone looks, and they're

not broken up like this.

These are individual-you're

trying to make it look like there's individual separate

messages, and they were not, when they were part of a
single message.
THE COURT:

Okay, and I'll certainly let you

explain that to the Court.

THE WITNESS:
Q:

Okay.

The only thing I'm really asking you, ma'am, is

did you say these things to him, and did he say these
things to you during that timeframe, from the 13th to the

20th, just one little week?

[No verbal response]

Did you tell him the following-look at the first

on October the lOth, at 8:28 a.m., "Kurt, lawyering up is

going in the opposite direction of where I had hoped we
would be at this point.
path.

I am sorry you have chosen this

Your attorney has no interest in helping us mend

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(-\,

fences, and set the clock back.

each other."

saying that to him?

4
5

We need to do that for

Does that sound-first of all, do you recall

And the rest of it, "I thought when you agreed to

Mark helping us"-

Ma'am-

This was all part of one message sir.

THE COURT:

MR. HARDIN:

139

That's okay,-I could-

Yes sir.

rHE COURT:

that.

first.

You'll be allowed to explain

Just answer the question that's asked of you

But let's do this.

The part you just talked

about, do you go on to say "I thought when you agreed to

Mark helping us that we could talk through what happened"?

Yes sir.

Did you say all of that that I just read?

Yes sir.

So that part we know - - ?

Yes.

Okay.

Does that sound like a woman afraid of the

man she's writing to?

personally.

I had no intention of meeting with him

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140

Does that sound like a woman afraid of the man

she is writing to?

Yes sir, to me it does.

What you have said is, you're criticizing him for

getting lawyers involved, aren't you?

You're really taking out of what was going on at

the time.
Q:

Are you criticizing him, ma'am, here, for getting

lawyers involved?
A:

Yes sir.

When you get lawyers involved is that the action

of somebody that is threatening someone physically?

I don't-

[Interposing]

, that's a bad question.

Isn't what's happening here is your lawyer, Mr.

Dycio, has contacted Kurt, andA:

[Interposing] No, sir, Kurt contacted Mr. Dycio.

Okay.

conversations.

Let's say that's the truth.

They've had

And then what's happened, isn't it, that

you had found out that Kurt has gone to a lawyer, right?
That's what you're talking about here, isn't it?
A:

Kurt had agreed that-

Excuse me, this would go quicker if you just help

me out.

And I'll let you say whatever you want after you

answer my question.

Let's just do it that way please.

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141

What this exchange is about is you are criticizing

Kurt for getting a lawyer involved, other than Mr. Dycio,

your friend, correct?

Correct.

Now may I explain?

THE COURT:

Ma'am, what are you talking

about, in terms of getting a lawyer involved?

Getting a lawyer involved in what?

8
9

THE WITNESS:

So Kurt had agreed to meet

with my attorney face to face, to sit down to talk

about the seriousness of what had happened, and that

is-that was the context of this conversation, which

is being taken totally in a different manner.

THE COURT:

Okay, don't worry about how

people take it, you just answer the questions that

are asked.

THE WITNESS:

He was supposed to meet with

my attorney and sit down and talk about him

assaulting me, and what had happened, and that I

wanted him to seek treatment, that I wanted him to go

into rehab for his alcoholism.

back on his depression medications, and to go back to

seeing a counselor again.

THE COURT:

Okay, and-

MR. HARDIN:

Actually-

THE COURT:

I wanted him to go

--you're, at this point, talking

"--./

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to him about having consulted with a lawyer instead

of doing that?

3
4

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

Okay.

Actually ma'am, that's not true, is it?

It is absolutely true.

What had happened is-would you look at the date

of this email exchange again?

It is text messages, and I am.

Texts, I'm sorry,

MR. HARDIN:

MR. LIGUORI:

17
18

THE CLERK:

Excuse me, has this been

THE COURT:

That's not been admitted yet,

admitted?

nor has the document that's been handed to you.

23
24

Kurt has had a lawyer-

21
22

Is this 3?

What's happened here, isn't i t ma'am, is that

--and Kurt kept changing the

Okay.

meeting date.

Instead of, because they had

agreed to meet on multiple occasions-

142

THE WITNESS:
Q:

Oh you guys-this is awesome.

What's happened, isn't it ma'am, that Kurt has

had a lawyer write Mr. Dycio and tell Mr. Dycio that Kurt

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was represented by them, and from then on to deal with

them.

You are complaining on October 13th because you have been

informed by your lawyer that Kurt now has a lawyer

involved-

That's why, is it not, that you were doing that?

Instead of talking to Mr. Dycio, as he had said

he was going to do, they were going to sit down and talk.

143

That's fair enough.

Let's just stay with-so

would you agree with me, for the Court to understand when

he asked you what does this lawyering up mean, you had

proposed that Mr. Dycio, a friend of yours, mediate

between you and Kurt about this matter, correct?

no?

Yes or

)
14

I had asked Mr. Dycio to go meet with Kurt.

All right.

that after Kurt and Mr. Dycio have several conversations,

Kurt gets uncomfortable, thinking that Dycio is really

representing your interests rather than being impartial,

and so he-

21
22

And what's happened here, isn't it,

[Interposing] Excuse me, excuse meTHE COURT:

I'm not really sure how this

witness could answer that question Mr. Hardin?

THE WITNESS:

THE COURT:

THE WITNESS:

And I know for a fact thatMa'am.

Oh sorry.

\.,____/

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THE COURT:

answer a question, that means you don't have to

answer it.

a question about what's in Mr. Busch's mind.

I don't know how this witness can answer

MR. HARDIN:

Fair enough Your Honor.

But what happens here, let's just try to move

this along.

is that he has now gotten a lawyer for himself on this

matter, and you say

When I say you don't have to

144

What are you fussing at him about on the 13th

~Lawyering

up is going in the opposite

direction of where I hoped we would be," correct?

Yes sir.

And you will agree with me that that is a full

four weeks before you come in here and swear to this Court

this you're afraid of him and need a protective order,

correct?

_,1

Four weeks?

Well, what's October 13th to November 5th?

three weeks?

Okay.

It's three weeks.

Just

I mean, my only point, ma'am,

would you agree with me that these exchanges start out in

October, a full several weeks after where you claim he

assaulted you, and you're complaining at him for getting a

lawyer involved, right?

He agreed to meet with Mark.

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(~,

THE COURT:

MR. HARDIN:

THE COURT:

145

I understandThat's all right.

--your responses ma'am, I do.

Now, then he responded to you.

You recall him

responding to you saying this: "I'm sorry, but based on

your actions and the path you've drove us into, this is

what I felt most comfortable with."

when you fuss at him for getting a lawyer and saying he's

most comfortable with that now, do you recall that?

He writes back to you

Now.

Do you recall that?

Yes sir.

Okay.

Especially after he was requesting meetings with

15
16

my lawyer.
Q:

Well ma'am, immediately, like one minute after he

tells you that, do you recall telling him "I've been

devastated and lost, and hurt beyond belief"?

Yes sir.

"So has Houston.

I wake up sick to my stomach

every day, with a pain in my chest that doesn't go away."

Yes sir.

I'm just asking if you said that to him?

Absolutely.

Do you know what it's like to wake

up and see bruises on your neck, and know that the person

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who supposedly loved you did that to you?

whole world is now upside down because he attacked you?

And my custody is in question.

- -

And that your

[crying].

And then you go, do you recall saying to him "What

So the answer to my question is yes.

actions?

"I've sat on my fucking hands waiting on you."

recall saying that to him?

I've done nothing at all." And saying to him,

Yes sir.

Okay.

11
12

146

Do you

And then he writes back to you right awayTHE WITNESS:

[Interposing] Am I allowed to

explain what this means?

THE COURT:

In a moment.

doesn't he?

Yes.

He doesn't threaten you, does he?

No.

He doesn't say "I'm coming after you," does he?

He writes back to you and says "I'm hurt too,"

Does he?

No.

He says he's hurt, right?

Yes.

This is two people hurt in a four-from a four-

year-that had been in a four-year relationship, right?

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147

Right?

Yes.

There is nothing in here threatening, is there?

At this particular text, no.

And in fact,

you cannot show this Court, can you

ma'am, from September the 26th all the way through to when

you filed this November the 5th, and even until today, any

threatening texts you have from him?

I absolutely did.

Which was that?

When he's threatening my custody-

Oh, wait a minute.

--and blackmailing me.

Ma'am, excuse me.

We already entered it.

When you talked earlier to the

Commissioner about leaving certain things out, you all

left something out of that exchange, didn't you, when you

offered it-moved it into evidence, didn't you?

recall what you left out?

Do you

No.

You left out him-you asking him to be sure to

help with your custody, right?

I did not.

Did you talk to him about that at all?

Before we split up Kurt said that he was going to

help with my custody.

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148

Ma'am, do you understand that what this

Commissioner is going to be deciding has nothing to do

with a man saying whether or not he's going to help you in

your custody dispute.

physically harmed and had a reasonable fear from him of

future physical threats, right?

why we're here?

It has to do with whether you were

Would you agree that's

I didn't expect him to snap-

Excuse me, would you agree-

Yes sir.

Can you say yes or no-

MS. MCNEICE:

Objection, that's certainly

not the whole story for why people get a PFA, and I

think it's-

MR. HARDIN:

THE COURT:

WellAll right, yeah, the question is

somewhat argumentative and I'll sustain the

objection.

Hardin, for you to be asking the witness about the

conversation that may have occurred and been the

genesis of Petitioner's Exhibit 2, and I'll certainly

allow you to do that.

And obviously it is legitimate, Mr.

Yeah, all I'm asking is, what he said to you was

he wasn't going to continue to help you if you didn't have

this-help him, right?

Is that what you're saying?

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What?

THE COURT:

Do you want to look at

Petitioner's 2 ma'am?

exchange.

about is Petitioner's Exhibit 2.

That's not in that particular

I think what Mr. Hardin's talking to you

MR. HARDIN:

THE COURT:

Here.
We need to make sure that you

actually have the exhibit, and I have the one that's

marked.

We'll show the actual exhibit to the

witness.

12
13

That's sort of standard procedure anyway.

Yes.
THE COURT:

I think that's the conversation,

ma'am, that Mr. Hardin's trying to ask you about.

THE WITNESS:
Q:

Okay.

Ma'am, would you look at the entry on your

Exhibit 2, where it says "Here's the deal, I will only

support the Houston custody shit if you cooperative with

our split.

unannounced hasn't been all that cooperative."

Leaving me stranded and then showing up

He sent this to me right after he attacked me.

What does that have to do with my question?

What is your question?

149

THE COURT:

question, so you may.

MR. HARDIN:

Actually, you haven't asked the

There was no question, that's

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150

what I was going to say, you're absolutely right.

And hold on just a second, let's back up.

is that statement by him in response to, you didn't

provide that, what is he responding to?

THE COURT:

Was there anything prior to that

in this text stream ma'am?

THE WITNESS:

8
9'

What

From

No, there was not.

, you didn't-you hadn't-you did not send

him any texts after you left-

No.

--before this?

No.

Okay.

[Interposing] This-we had the conversation before

I came to Dover, and then this.

THE COURT:

17
18

Okay.

All right, now let me ask you, would you agree

there is nothing physically threatening in this exchange?

19
20

So this is the first-

I take this as a threat, that he is blackmailing

me-

THE COURT:

[Interposing] Well, the question

though is it physically threatening ma'am.

a threat to cause physical harm to you in there?

THE WITNESS:

Is there

No.

And what this is about is, you wanted him to

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151

financially support you, that's what you all talked about,

he had offered to financially support you in your custody

battle, hadn't he?

Yes sir.

And what he's saying now is, - - , I'm not going

to continue to do that-

[Interposing] He hadn't paid any bills.

Excuse me, you've got to let me finish.

Well, you said "continued", so I was-

THE COURT:

[Interposing] Hang on, listen to

the question before you try to answer it.

What he's saying here is, "Here's the deal, I

will only support Houston custody shit if you cooperate

with our split."

finance on something unless you agree to let us separate,

right?

He's saying I'm not going to continue to

Is that what he's saying?

THE COURT:

Is that how you interpreted

that, ma'am?

Is that what he's saying?

I took the "If you agree to cooperate with our

split," as in, now that we-he attacked me he's wanting me

to be quiet.

23
24
25

THE COURT:

Okay, so that's your

interpretation.
THE WITNESS:

That is how I-that was my

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interpretation.

THE COURT:

Okay, and that's fine.

can tell us about is your interpretation.

tell us what Mr. Busch meant.

All you

You can't

And then you go on to say "Leaving me"-he goes on

to say "Leaving me stranded," he's talking about in Boston

at the airport, isn't he?

Yes.

"And then showing up unannounced," he's talking

152

about that night, isn't he?

Yes sir.

"Hasn't been all that cooperative."

Would you

agree with me that this exchange simply sets out that

after you left his-what do we call it?

Motor home.

--after you left his motor home that night he

tells you he's not going to continue to finance your

custody battle unless you cooperate with our split, that's

what he's telling you, isn't it?

Yes.

Okay.

Now, can we not agree that that is not by

any stretch of the imagination any threat to your physical

safety?

Not to my physical, but to the custody of my son.

And you agree that that has nothing to do with

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what you are asking this Commissioner to do, right?

of.

home.

THE COURT:

[Interposing] Okay, we're not on

that same one now, we're on a different one, right

Mr. Hardin?

MR. HARDIN:

THE COURT:

Yes sir, yes sir.

Okay, so we've got to make sure

we direct the witness to the correct thing, and it's

not an exhibit yet, so I don't know.

MS. MCNEICE:

are you referring to Mr. Hardin?

THE WITNESS:

Back to this.

MS. MCNEICE:

The nine-page, R-2?

MR. LIGUORI:

R-2.

'~_)

By the way, do you ever say anything in this

exchange we're looking at in October-

Listen, I don't know what your client's capable

I never thought he would do that to me in the motor

153

I'm sorry, where are you-what

What I want to look at, if you would with me,

ma'am, is I want to go through a little bit more of this.

When he wrote that "I'm hurt too," then you wrote-do you

recall saying this: "This is the path you've chosen, not

me.

rather, "and told you as much.

happened.

I never wasted any of this-wanted any of this,"

I never wanted what

You at any point could have come to me, called

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me, anything.

loved you too much for that."

I never wanted you to hurt.

154

I've always

Ma'am, that has you telling the man you wanted a

protective order from now, is it not, he should have come

to you, he should have called you.

what you're asking this Commissioner to do, right?

No,

The very opposite of

I said I never wanted what happened, and I

was referring to the assault that night.

THE COURT:

Mm-hmm.

"You at any point," you said, do you not, "could

have come to me, called me, anything."

October the 13th, three weeks after where you claim that he

assaulted you, correct?

that's what you're complaining of, do you?

anywhere in here-

You're saying

You never anywhere in here say

You don't say

[Interposing]

Excuse me, you have to let me finish.

I did not want him-

THE COURT:

Hang on, listen to the question

first ma'am, then you can answer.

You do not say anywhere in here that he

physically assaulted you, do you?

I said "I never wanted what happened."

Right.

That was my reference to what happened that

evening.

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I see.

spin you want.

words, do you?

155

But that's fine, you can give whatever

I'm just saying, you don't use those

I'm not going to-I don't use the word assault,

All right.

He didn't hit me.

How about choking?

He did choke me, but why am I going to say choke?

All right, ma'am, look, all you have to say is

toHow about hit?

How about choked?

You said he choked you.

no.

THE COURT:

Ma'am, you can answer the

questions-the Court is capable of understanding why

you wouldn't call it an assault to the other person

who was involved in the assault if there was an

assault.

you need to do really is answer the questions that

are asked of you.

I did not, no, I did not use the word "assault".

Or you didn't talk about anywhere in here

I'm capable of understanding that.

anything he did to you physically when you were

complaining about-

[Interposing] Incorrect.

texts.

they mean to me.

So all

You're reading into my

I'm telling you what I'm saying in my texts, what

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I'm not-excuse me.

can answer the questions about what you mean, and

that's what we're here for.

If you would look down at the bottom, he said to

you, did he not, at 8:44, nYou know me, I'm not the best

with words, so let me say this, I have a big heart for you

and Houston, and I want what is best for all of us.

don't see a relationship for you and me in the future, and

I want us to work together to put this down the right

way."

Now ma'am, three weeks before you go over there he is

asking you, is he not, to help him end this relationship.

He's telling you that he cares for you, he cares for

Houston, but he wants you to help him end this

relationship.

21
22

'--.___/

[Interposing] That's all right.

He can ask you questions about what you mean, and you

I'm not arguing with you-

THE COURT:

156

No, this is not before he assaulted me.

THE COURT:

Hang on, I think we're

misinterpreting.
MR. HARDIN:

Before you filed the charge,

excuse me-

THE COURT:

MR. HARDIN:

THE COURT:

Three weeks before youYou're absolutely right.

--filed the charge.

Okay.

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-------' 'I

157

Before you filed the charge, before you later

claim to both the police and this Court that you're afraid

of him, and need a protective order across the street on a

criminal charge filing, he is telling you that he has a

big heart for you, doesn't he, but he doesn't see a

relationship with you all, and he wants you to work

together to put this down the right way.

I don't believe that he's saying at this point.

Is he saying that?

He's saying that, but I don't believe anything

that he's saying at this point.

THE COURT:

MR. HARDIN:

Okay.
All right.

Then if we go over to what said,--

As I stated in here too, "Then after that shit

you threaten my custody," I very much referred to when he

assaulted me that night.

said, right?

did in New Hampshire."

And then "You don't just dump your family," you

"You don't treat people you love the way you

You sure don't.

"And definitely not like Dover."

Exactly.

"We just came because we"-what, you say "I'm not

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,-.___./

No, when I-"when we love and care about you.

After that shit you threatened my custody."

clearly state what he did to me, in both New Hampshire and

Dover.

I very, very

your bills.

No, he physically assaulted me.

I'm talking about the custody.

This says "You don't treat people the way you

Yes ma'am, he threatened not to continue to pay

love in New Hampshire, and definitely not like in Dover."

And I am referring to his assault,

verbal abuse.

and his screaming, his

And then-

And his physical abuse.

And then you're mad at him.

Would you agree with

me that in these text messages the person that seems to be

the maddest and most threatening is you?

I'm not threatening him at all.

And then you write, "Then after shit you threaten

my custody"?

Yes.

And then you say to me, "You lied to me, you kept

lying to me about our future, before and after New

Hampshire.

25
\

158

I believe you.

It was all lies."

That's why I'm saying I don't believe what he's

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saying right now either.

Yes ma'am.

But would you agree with me that is

the language of a jilted person?

No.

Man or woman, it's a jilted person.

No.

MS. MCNEICE:

THE COURT:

Objection.
Sustained, it's not necessary

for the witness to characterize her own testimony,

and I'm capable of making decisions.

Then he goes on to write, "There are no lies

here, I was unhappy for a long period.

suggested to him there was another woman?

promise you there's no other woman, I'm a lost independent

soul right now," right?

17
18

I promise"--you
He's going "I

That's why I'm saying there's text messages

missing in between here.

THE COURT:

Okay, I get it.

And Mr. Hardin,

if this is not the entirety of these conversations do

you have them available?

22
23

\1
I'
~

159

MR. HARDIN:

It is the entirety of the

conversations.

THE COURT:

MR. HARDIN:

In case-okay.
And here's the problem-

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THE COURT:

MR. HARDIN:

All right.
We have downloaded everything

he had during this timeframe.

When this all happened he went on and erased

everything.

THE COURT:

MR. HARDIN:

this period of time.

THE COURT:

MR. HARDIN:

THE COURT:

MR. HARDIN:

160

We only have here.

Okay.
So we don't have anything past

Okay.
We're subject only to hers.
Okay.
And actually, I never objected

to the text messages that they introduced themselves

that leaves things out.

THE COURT:

But I can-

[Interposing]

I got it, but I

what I want to make sure of is that either side-that

if there's something that there's messages missing

from, if the other side wishes to admit the rest of

that conversation or the rest of that document, if

they have it available, they're able to do that.

MR. HARDIN:

We would love to.

THE COURT:

That's my question.

MR. HARDIN:

objection if they do.

THE COURT:

And certainly we'd have no

All right.

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So if we can go on here.

161

So far will you agree

with me that the words we have read so far to the Court

are words that you and he spoke during those seven days?

Yes, minus quite a few text messages in between.

I understand that's what you're saying.

I'm

simply asking you, do these accurately reflect words that

you all spoke in the texts?

Yes.

MR. HARDIN:

Thank you.

Then in that case,

to help the Court I would reoffer R-2.

THE COURT:

MS. MCNEICE:

Ms. McNeice?
I'm sorry,

I don't have any

information about what might be missing.

to that, if we look for instance at a page-I'm

looking at something that says "I promise you there's

no other woman," and then it goes onto a number of

deliveries that are 9/19.

Court that if the phone takes a couple of words,

types them, or you type it in and the text sends it,

and it comes out in perhaps three different little

windows-

THE COURT:

MS. MCNEICE:

In addition

I would suggest to the

Mm-hmm.
--that's not necessarily, as

Mr. Hardin suggested, separate texts, 54 separate

little comments.

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THE COURT:

issue is, for purposes of admissibility, is whether

or not what's in this document is conversations that

took place between Mr. Busch and the witness.

the witness seems to have characterized that as

correct.

that took place between the witness and Mr. Busch,

but the witness seems to be saying it is at least

parts of the conversation that took place.

And the

Court's certainly willing to admit it into evidence,

and the witness can then explain, or others can

explain, what may be missing.

MS. MCNEICE:

THE COURT:

MS. MCNEICE:

And I'llSo it will be admitted.

I'm sure the Court will give

it the weight that it appears to deserve.

THE COURT:

That's always correct.

document will be admitted as Respondent's 2.

you.

',_____/

And

Maybe it's not all of the conversations

Well, but-I get it, but the

162

So that
Thank

[Whereupon Respondent's Exhibit 2 was

admitted into evidence.]

I'm going to try to move through it quickly, if

we can ma'am, and.any time you think it's not accurate,

please tell me.

it's going to be the third page, down at the bottom, where

If we go over to-I think if you count it,

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--------.. \

163

you had said "You lied to me, and kept lying to me about

our future before New Hampshire.

all lies."

I was unhappy for a long period," correct?

I believed you.

It was

He responded to you "There are no lies here.

Yes.

And then do you then accuse him of there being

other women?

There's text messages missing here.

THE COURT:

All right, do you remember what

was in those messages though ma'am?

I said "I'm sure there's somebody else."

12
13
14

THE COURT:
Q:

All right.

Okay.

Did you believe at that time there

was another woman?

I don't know if there was another woman or not.

Do you recall telling him that?

I guess.

Okay.

no women.

And he tells you "I promise you, there is

I'm a lost independent soul right now," right?

Yes.

And then you write back "It was all a lie.

sure you told your ex the same."

pulled the Band-Aid," right?

24
25

THE COURT:

I'm

He said "No, I just

It looks like there's a Patricia

Driscoll, October 13, 2014, 8:58 a.m. SMS.

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mean, ma'am-

2
3

164

THE WITNESS:

I didn't write "I pulled the

Band-Aid."

THE COURT:

Right.

But does that mean,

ma'am, that there is a missing transmission from you

between the-

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

Yes.
Okay, and do you rememberIt was missingDo you remember what it is that

you said prior to Mr. Busch saying "No, I just pulled

the Band-Aid," do you remember anything about that?

THE WITNESS:

About-probably about him

cheating.

not anymore, because-

an omission.

No, there's-

[Interposing] Well, just listen to me a second.

I said I don't know what's true or what's

[Interposing] That's it ma'am.

I think there is

Let me see if this helps you remember.

Entertain the possibility this is the truth-

MS. MCNEICE:

I'm sorry, that this what?

MR. LIGUORI:

This is the truth.

"It was all a lie," you say,

"I'm sure you told your ex the same."

And this response

here that comes after says "No, I just pulled the Band-

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Aid."

you began your relationship with him, before he was

divorced, you told him he had to get divorced, and what

you said was "You just need to pull the Band-Aid"?

recall that?

Isn't it true what he's talking about is that when

6
7

Do you

Think back - - , take your time.

MS. MCNEICE:

Objection, relevance.

It's

something that-

MR. HARDIN:

MS. MCNEICE:

MR. HARDIN:

MS. MCNEICE:

The relevance has--was said to themExcuse me.

--four years before that.

he wants to use the expression he pulled the Band-Aid

that's his expression-

MR. HARDIN:

No, the-

THE COURT:

It's okay.

It refers to a

vernacular between the parties that's common, and so

the question is appropriate-

And the reason I'm asking it is-

165

THE COURT:

answered.

--and I'll allow it to be

--I wanted to refresh your memory, because you

were indicating to the Court there's something missing.

And what I'm trying to point out to you is, isn't it true

there is nothing missing there, because when you say "I'm

sure you told your ex the same," he says "No, I just

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pulled the Band-Aid," meaning he just got a divorce,

right?

I have no idea what-

All right, - -

I don't know what he means-

All right.

--by that.

That's fine.

9
10

,,____/

Let's move on.

THE COURT:
Q:

166

Okay.

And you say to him, did you not, "You lied, you

lied every time you looked me in the eyes and told me how

in love with me you were, when you would show me your

happiness and laugh, and look in my eyes and tell me you

were happy.

when we planned our future and talked about it all of the

time, looked at

company, when you made promises to me and Houston that

the future, graduations, trips, holidays, driving the

championship car in Germany, another kid, I believed all

of it, and always trusted you.

until Dover.

that I was only here to work for you.

mention your family in your speech, the person who did

everything for you, me.

afterwards I really believed you when you said I was the

Even Saturday night before New Hampshire,

, discussed finances,

started our

I believed every word

I should have known it at the Indy banquet

You failed to

When you ran outside crying

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reason for your success, saved your life, and was your

partner forever.

I saw what we accomplished together.

just been here to work for you.

You have fucked me up.

functioning.

on me.

have to be somewhere.

I try, but eat little of anything at all.

I believed your tears.

167

That was June.

I didn't realize I'd

I feel like an idiot.

I've had a very hard time

On top of it, everything bad has poured down

I walk around in tears or like a zombie because I

I'm a fucking wreck.

to my stomach every morning."

those things to him?

Yes.

All right.

I can't eat,
I wake up sick

Do you remember saying

Now, would you agree with me that

nowhere in that exchange are either one of you threatening

the other?

Okay.

And then, on the 18th, you say he reached out to

you.

your exchanges of emails, and I'm thinking more about the

one that starts the Sunday, October the 19th, 11:34 a.m.,

it's your exhibit-

22
23

Do you remember telling the Judge, when you guys did

MR. HARDIN:

Do you mind telling me which

one that is?

THE COURT:

MR. HARDIN:

That would be 7.
Pardon me Judge?

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THE COURT:

MR. HARDIN:

168

That would be 7 I believe.

Do you recall-

MS. MCNEICE:

[Interposing]

actually, Your Honor, it was-

THE COURT:

I've got it in my hand, so it's

got to be 7 .

MS. MCNEICE:

THE COURT:

10
11

I believe,

MS. MCNEICE:
Q:

Oh thank you, I apologize.

Okay.
I set mine aside somewhere.

Do you recall, you introduced one that talked

about he reached out to you and said "Is Houston in bed

yet, can we talk?"; do you recall that?

Yes.

And if you go back to what I just read to you,

and we talked about leaving things out, he reaches out to

you, does he not, on the 18th?

exchanges between the 13u and the 18u?

19
20

Did you all have any email

No, and we did not have any text message

exchanges either.

So, can we all agree that what you just read, would

Thank you,

I'm sorry.

Thank you for - -

you agree with me that - - what you were saying to him is

a reply of resentment?

No.

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169

Okay.

Absolutely not.

All right.

--wait, you asked the question, I'm going to take

the opportunity to explain myself.

6
7

And-

THE COURT:
A:

You may.

When he-when I said "You have fucked me up," he

did, when he put his hands on my threat and smashed my

head into the wall.

And I'm saying I'm having a hard time

functioning because I am.

lots of other bad things have happened to me, and I walk

around in tears like a zombie because I have to be

somewhere but I'm a fucking wreck.

sleep, because this is the moment that I keep replaying in

my brain.

And I said, on top of that,

I can't eat, I can't

I don't believe anything that he has to say at this

point is what I was getting to in all of this, because why

did he do this to me?

stuff.

this point.

And then he's just telling me

I don't believe anything the guy has to say at

THE COURT:

All right.

And that's the last

message that you all folks exchanged prior to October

the 18ili, when Mr. Busch asks "Is Houston in bed yet,

can we talk?"

THE WITNESS:

Yes.

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(
I

THE COURT:

MR. HARDIN:

170

Okay.

All right.

Then so it's in sequence, he writes you at 5:26-

[Interposing] And he's already been told by my

5
6

attorney that I was not going to talk to him.

Well-

THE COURT:

MR. HARDIN:

THE COURT:

WellThank you.
--had you asked your attorney to

tell him you weren't going to talk to him?

THE WITNESS:

THE COURT:

Yes.
Okay.

But you don't know what

your attorney said to him because you weren't there

when he said it, right?

THE WITNESS:

THE COURT:

Correct.
Okay.

But by this time your attorney is sending letters

back and forth to his attorney, right?

You know that,

don't you?

October 13th, and after that they started exchanging

letters, didn't they?

Remember, I showed you one that's dated

Yes.

Okay.

So then on the 19th_l8t\ rather, he writes

to you, nis Houston in bed yet, can we talk?"

He writes

30 minutes later, nTime has passed, I see the route that

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you have chosen."

next day, I think you told your lawyer, and says

what is it you'd like to talk about?"

And you write back to him then on the

Yes.

And he writes to you

just finished meeting the

troops, now"-and he means Army troops, right?

foundation thing?
A:

Yes.

~Now

~Kurt,

Right?

171

He means a

I'm at the drivers' meeting, you know that.

Tonight or tomorrow we will have to try to understand

where we are.

past few weeks, my job is in jeopardy, I just saw

management talking with the Tier 3 [phonetic] driver.

You've done your job as a cancer, and it has to stop."

you recall that?

You have undermined me so heavily in the

Yes.

Well, when we talk about leaving certain things

out, that's not exactly the sheet that you-

It's right here.

--do you see that last exchange?

It's right here.

22
23

THE COURT:

It's kind of stuck in the

middle.

24
25

And it's right there.

THE WITNESS:
Q:

Yes ma'am.

Yes.

But did-how did you all prepare this,

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do you know?

We took screen shots of my phone.

Well, this says - - cancer - -

This is what came through on my phone.

THE COURT:

[Crosstalk]

, right?

Okay, so it-

These are actual snapshots of my phone.

Okay.

172

Now, if you look-would you put that in

front of you please?

Put them side to side.

Okay.

And the complete one we've got here on the page

of R-2 says "You have undermined me so heavily in the past

few weeks, my job is in jeopardy."

have?

Yes, it's right here.

All right.

and it has to stop."

Is that in the one you

"You've done your job as a cancer,

Is that the way it says on yours?

No.

Right.

This is an actual screen shot of my phone.

I'm just asking you what it says.

I didn't manipulate this.

I just ask you what it says.

--"Undeistand where we are, you have cancer and

What does it say on yours?

It says-

it to stop, undermined me so heavily in the past few weeks

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my job is in jeopardy."

3
4

173

Okay.

You have "And it has to stop now."

Now, is he making any threat to you during

that?
To me "It has

to stop," I'm taking that as a threat.

saying I'm threatening his job, and I'm doing no such

thing, and it has to stop.

You take that as a threat?

Yes.

I see.

Because he's

Let's go to the next page.

You write to

him, don't you, "There were no troops we requested for you

to meet with."

Correct

"I made sure of it.

by 'where we are' comment."

saying that?

THE COURT:

MS. MCNEICE:

19
20

THE COURT:
7 and Respondent's 2.

MR. HARDIN:

24
25

Right?

Do you remember

That's in the-we're sort ofI'm sorry, what was the

question?

I'm not sure what you mean

--switching between Petitioner's

Yeah, we're back to R-2,

Respondent's 2.
THE COURT:

Because the same message was

kind of contained on both of them, and now we're sort

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of moving on from that message.

MR. HARDIN:

MS. MCNEICE:

Thank you, Judge.

And I apologize, I did not

hear the question relating to the last exchange.

174

THE COURT:

We're looking at-I'm sorry, this

isn't paginated.

six-looks like that seventh page, ma'am, on

Respondent's 2, is I think what Mr. Hardin's trying

to address-

So one, two, three, four,

THE WITNESS:

THE COURT:

Are you there?

I'm here.

Okay.

five,

All right.
--with you.

Actually, that exchange we just read that

are in R-2, you put a-you responded with a question mark,

right?

Yes.

Do you recall doing that?

answer?

"Laugh out loud."

Okay.

And then what is his

And then you write, do you not, "There

were no troops we requested for you to meet with, I made

sure of it.

comment.

anyone near you.

I'm not sure what you mean by 'where we are'

I've been nowhere the track of your team, or

You know this.

I've plenty of my own

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'
I.

175

shit to deal with, cancer, deaths, wedding and work, and a

little boy trying to make sense of it all, the guy who

called himself Houston's stepdad hasn't been around, he's

trying to understand all of this.

extremely hard time on us."

This has been an

Yes.

Throughout this exchange on October the 19th,

this is each of you saying to the other that you don't

want to be around the other, right?

THE COURT:

You can speak for what your side

of it was.

Yeah, I don't know what Kurt's saying.

Well, you're saying to him you haven't been

around and haven't been in the camp and haven't been with

his guys, right?

Isn't that what you're saying?

I said I haven't been anywhere near his people.

That's what I see.

He was around my people.

All right.

20
21
22

THE COURT:
Q:

Okay.

He goes on to tell you who somebody was that had

been there, right?

Correct.

And then he writes on the next page, doesn't he,

"I know you haven't been at the track, but you've

,~/

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intertwined yourself with people via screen shots, email,

texts, phone calls, social media, etcetera, and too many

people have knowledge about propaganda you and you only

could be spreading."

Yes.

"It's my understanding you went up to the troops

on the drivers' meeting.

no longer make request of your time after Dover.

bother you at your car.

I clearly instructed my staff to

Nor

I guess that race dedication

family was scheduled many weeks ago, as well as the gala

prize you offered.

back "Okay, thank you," right?

It won't happen again."

He went up to my staff during-

[Interposing] Did he write it?

you" ma'am?

And he writes

Did he say "Thank

Does he write and say that?

THE COURT:

It's been admitted.

I see the

exhibit.

Yes.

So ma'am, what I'm trying to figure out is, this

is the man saying he wants you to stay away from him,

right?

here?

And then you answer him, right?

176

And you're saying-isn't that what he's saying

I asked him to stay away from my people, and he

went up to them anyway.

That's what I'm saying here.

said you went up to my people at the drivers' meeting.

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177

didn't request time from you.

You go down at the bottom, can we finish, he says

"Okay thank you," would you agree, he thanked you for what

you said?

Yeah.

All right.

And then you state, "You're being

paranoid.

relationships with them before knowing you.

relationship with NASCAR that is only going, and I will be

I know a lot of people and had long-standing

I have a

back at the track as I see fit, and in between my movie

premiers.

people who are truly invested in our call.

as usual, so what does your comment about 'where we are'

mean?

I will work with a lot of other teams and

It's business

And what propaganda are you talking about?"

Now, would you agree with me that there is nothing in

this entire exchange for that whole week in which he

threatens you?

My perception is that I feel threatened, and he

keeps coming up to my staff, even when I've asked him not

to.

Would you agree with me that entire exchange for

that week is him wanting to have you and your people stay

away from him and his people?

troops.

No, because he admitted to coming up to my

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/
I

178

Your troops?

Yeah, this is my foundation, the people I brought

to the track.

Are they - - military people?

They could have been veterans.

6
7

I don't know

which race this is exactly.

You don't want-you just said "my troops."

some military people there are at a NASCAR function, and

you don't want the man that you're upset with to be able

to meet with these people?

My staff is right there.

Excuse me, just answer my question.

I do not want himAre you

actually telling us that you consider those troops, those

Army military, all types, all branches, Navy-

MS. MCNEICE:

MR. HARDIN:

Objection.
Excuse me, let me finish my

question.

THE COURT:

He can finish the question and

I'll him to answer it-I'll allow it to be answered.

Are you saying that you meant there, and in your

testimony now, that you wouldn't want him to be able to go

up to those military veterans or active duty people?

He wasn't just going up to the people, he was

going up to my staff, who's standing right there with the

people.

I asked him to stay away from our group.

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THE COURT:

All right-

I was-

I didn't say stay away from every troop in the

179

NASCAR track, just stay away from my particular group.

THE COURT:

Okay, all right, so ma'am, I

need some clarification with regard to what your

organization does at the NASCAR track with the

troops, so that I can fully understand this exchange

that we've just had.

THE WITNESS:

We bring between eight and 12

wounded service members, sometimes they're active,

sometimes they're veterans, so they're out of the

system-

THE COURT:

THE WITNESS:

Mm-hmm.
--and I usually have two staff

bringing these guys around.

THE COURT:

THE WITNESS:

Mm-hmm.
And they go around and meet

with various teams.

during the day to go to pit road, to go to the

drivers' meeting, to meet with certain drivers, to be

a part of the pre-race ceremonies.

We have activities for them

THE COURT:

THE WITNESS:

Okay.
So this is a small group.

There's a lot of troops that are at the track,

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there's a lot of guys in uniform, but this is my

particular group, where they're wearing big Armed

Forces Foundation logos, there's no doubt that this

is my organization, this is my staff that's working

there.

that he stay away from our particular group.

He knows who these guys are, and I just asked

THE COURT:

THE WITNESS:

Okay.

So you asked Mr. Busch

that?

THE COURT:
Q:

Yes.
Okay.

And so are you saying, ma'am,

that these members

of the military, some of them wounded warriors?

Yes.

And some of them are Army veterans or military

veterans?

Yes.

And some are on active duty, unwounded?

I said this, yes.

And you seriously think they wouldn't like to

meet one of these NASCAR drivers?

away from one of these NASCAR drivers-

22
23
24
25

180

MS. MCNEICE:

You want to keep them

Objection, calls for her to

speculate onTHE COURT:

[Interposing]

You've got to let

him finish the question, then we'll figure out what

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the objection is.

181

3
4

Do you think it's appropriate, because of your

dispute with him, to keep them away from him?

I absolutely believe it's appropriate for stay

his distance away from my staff.

in a place where they were in a confined space in a

corner, where my staff cannot get away from him, and he

was trying-he was attempting to talk to my staff as well.

THE COURT:

Okay.

And he came up to them

Was there a reason,

ma'am, why you believe that it was inappropriate for

Mr. Busch to be around your staff?

THE WITNESS:

Because they've been trying to

bribe my staff, they've been trying to get my staff-

harass my staff.

15
16
17

THE COURT:

When you say "they", who do you

mean by that?
THE WITNESS:

Mr. Hardin's crew, and Kurt

has called some of my staff members.

trying to say "You better tell her to leave me alone.

You better tell her not to go to the police."

have threatened me.

THE COURT:

Okay.

He's been

They

So your perception was

that Mr. Busch was trying to communicate with your

staff about this matter?

THE WITNESS:

Yes sir.

That's why I asked,

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just please-

2
3

because this matter wasn't filed yet-

THE COURT:

THE WITNESS:

THE COURT:

10
11

[Interposing] Not this matter,

THE WITNESS:

THE COURT:

Right.
--but okay.
But he knew about it.
Right,

I got it.

Mr. Hardin?

Could you tell me who we have supposedly

threatened or bribed?
A:

You named some of my staff members, and do I know

these people.

Which ones did we threaten?

Matt Ballard.

Nick Terry.

We threatened him?

Yes, you did.

182

You also threatened the preacher,

I was on the phone with him last night.

And then you also bribed him and

tried to get him to change his story.

How did we bribe him?

That's what he said to me.

No, how did we bribe him?

He said that you offered him financial

assistance.

Really?

Yes.

Who did he say did that ma'am?

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2
3

4
5

Your office.

Just like my staff member, Matt

Ballard, told me the same thing.

Are you saying that either one of those men would

come here and swear under oath to that?

And they said that Kurt said that he'd be willing

to talk.

Did what?

You're asking me what they said.

9
10

This is what

I've been told.

I want to make sure we have this now, because

obviously what you're accusing us of is a crime, you

realize that?

You bet.

Pardon?

You bet.

Okay.

[Interposing]

18
19

So I want to make sure thatYou have reached out to my staff

members.

Excuse me, let's just let me finish the question.

I want you to give me the name and details.

Officer of the Court, he has an obligation, they have an

obligation, to report this.

under oath, of a crime.

Ballard.

183

Because as an

Because you are accusing us,

So let me get this in.

Matt Ballard.

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Was?

Contacted by your office.

Right.

of saying?
A:

Saying that you would help Kurt out.

Who?

You told Matt that-Matt told me that you guys

asked him to help Kurt out.

What's wrong with that?

Offering him a job.

Who offered him a job?

12
i

And what are you accusing us under oath

184

Are you suggesting that

somebody offered Matt a job?

Yes.

Who offered Matt a job, and what job did they

15
16
17
18

offer?
A:

To work for him, for PR.

THE COURT:

someone told you ma'am.

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

THE WITNESS:

24
25

So this is something that

Yes.
You obviously weren'tI did not--a witness to any of this.
I wasn't witness to this

conversation.
THE COURT:

This is somebody that told you-

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THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

--they're telling me.

Okay, so you can't state for a

Is what--is that somebody told you

that.

10
11

--what happened?

fact that that happened, all you could state-

This is what-

And who-

THE WITNESS:

Yes.

And he asked me what

they said.

THE COURT:

Okay, all right.

Did you ever see Caine Mutiny, the movie?

No.

Or read the book?

No.

All right.

18
19

THE COURT:

22
23

That's kind of an old one for

somebody her age.

20
21

185

MR. HARDIN:

It is, but the movie was

redone.
THE WITNESS:
said to me.

I'm going on what somebody

I have no direct knowledge.

THE COURT:

THE WITNESS:

I got it.
This is what they told me.

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THE COURT:

I understand.

It's not

something that you're saying that they did, it's

you're telling us that somebody told you-

THE WITNESS:

THE COURT:

THE WITNESS:

THE COURT:

186

Told me.
--they did it.
Yes.
I got it.

And who else?

[Interposing] And I heard a voicemail from

And who was supposed-

Rusty's office, from one of his associates to my employee,

Matt Ballard, that we have a copy of, that I believe he

gave to the police, that said "We believe that-Kurt gave

us your number and he said that you'd want to talk to us."

THE COURT:

So what was wrong with that?

THE COURT:

Okay.

That's-I mean-

My employee.

THE COURT:

Okay, here's the deal, okay?

You can-

All right, let me see if I-

[Interposing] And that's not, that's not the only

22
23

time.

But when I spoke with Nick Terry, he said thatMS. MCNEICE:

[Interposing]

gotten far afield of anything-

THE COURT:

I think we've

I agree.

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MS. MCNEICE:

MR. HARDIN:

THE COURT:

187

--that's related to the PO.

Here's the problemI certainly understand that, Ms.

McNeice, but here's the deal, Mr. Hardin sort of

worked his way into this circumstance where Ms.

Driscoll has indicated that others have told her that

his office has attempted to-

MR. HARDIN:

THE COURT:

Bribe.
--manipulate them, manipulate

members of her staff, and obviously that in and of

itself is particularly relevant, because, to be

honest, I'm dealing with what comes out on the

witness stand as opposed to anything else.

will allow Mr. Hardin, because it is something that

deals with the integrity of him and his office, to

ask some questions with regard to the utterances that

were made to this witness as it relates to that.

But I

Now Mr. Hardin, I'm not going to let you

take up the rest of the day doing this, but I will

certainly give you some leeway with regard to asking

the witness who said what to her about what they're

saying your office did.

MR. HARDIN:

can move on.

Thank you.

Now, I just want to get enough detail so that we

So that somebody outside of this courtroom

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188

today can look into this, okay?

What is it that you say you were told that Mr.

Ballard was said-was told that was wrong?

believe you said we threatened and bribed.

5
6

I mean, I
And so, what-

[Interposing] He told me that he felt threatened.

THE COURT:

Mr. Ballard told you that?

Mr. Ballard-

Mr. Ballard told me that.

And did he tell you how he-was a threat made by

somebody in our office?

I told him to go to the police.

Okay, was he-do you know whether he did or not?

I do not know.

All right.

I did not get into it, I told him to go to the

police.

of the reasons I did not want Kurt around my staff.

not-I do not want him around my staff.

What did he say he was threatened?

He told me that he felt threatened.

This is one
I'm

So he felt threatened by whom, the lawyers or

By your-he said your office.

All right, my office.

office.

Kurt?

Not our client, our

Did he tell you who it was?

I'd have to listen to the voicemail message,

because he left his name.

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189

And did he-he left his name on a voicemail?

Yes.

And you're saying that that message was a threat?

No.

Okay.

But he just, to prove to me that your office was

reaching out to my staff.

understand?

And what is wrong with that, I'm trying to

Why are you reaching out to my staff?

Well, if your client was accused of something-let

me put it another way, let me ask the question.

were accused of something wouldn't you want your lawyer to

try to talk to as many people as possible to find out what

they know?

You're reaching out-but my staff, who was not

present at the time of the assault?

to do with anything?

If you

THE COURT:

What does that have

Ma'am, we're going to move on

from this particular aspect of things.

fact of the matter is that it is appropriate for

attorneys and their staff to investigate the identity

of witnesses who may have information as it relates

to an ongoing matter.

THE WITNESS:

Because the

Being involved in this type of

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190

thing, I'm sorry, it got my staff very nervous and

scared that lawyers were calling them-

THE COURT:

THE WITNESS:

I get it.
--this guy, who's a famous

lawyer, who's getting athletes off for doing all

kinds of stuff, is calling them.

They're 20 something years old.

8
9

THE COURT:

They're concerned.

Okay, but here's the deal, okay,

I get that that's why you wanted Mr. Busch to stay

away from your staff, and we'll move on, because it

is entirely legitimate for Mr. Hardin and his staff

to investigate.

bribed or threatened or whatever, they can take

action on that, but it's nothing to do with what

we're having to do here.

case based on the evidence that's in front of me

about what did or didn't happen in September.

Hardin?

MR. HARDIN:

much.

And to be honest, if folks felt

All right.

was similar about him,

Yes.

I'm going to decide this

Mr.

Thank you, thank you very

And then Nick Terry, the testimony

just so I can move on?

I have no direct knowledge of what you said

to people, I only have what they conveyed, feelings,

what their perceptions were to me.

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THE COURT:

191

Okay.

Now I want to go to that if I may.

In the

case of Mr. Terry, you went to Mr. Terry immediately; is

that right?

Yes sir.

And if Mr. Terry was to say that neither he nor

his wife-she was there, right?

Yes.

Saw anything that was physical, any marks, any

redness, anything, any physical marks on you at all when

you came to their trailer-

[Interposing] They told me they-

MS. MCNEICE:

MR. HARDIN:

THE COURT:

Objection.

I'm askingHang on a second.

her a question and he's not asked yet.

untrue?

Untrue.

Okay.

He's asking

If they were to say that, would that be true or

So is it your testimony that Mr. Terry and

his wife should have been the marks on you?

They told me that my neck was red.

So is it your testimony-

--"Did you see anything?"

--that they should have seen the marks on you?

I asked them-

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(~',

1
2

And if they have told anyone else differently

that would not be true, according to you; is that right?

Correct.

Okay.

Now, when you had your later conversation

in the car-do you realize when I was asking you about Mr.

Sniffen, that is Richard Andrew Sniffen?

Okay.

Usually goes by Andrew Sniffen?

He goes by Richard Andrew.

Richard Andrew.

Okay.

When you were talking to

him, did you later call him several times repeatedly after

the event?

Couple of times.

Okay.

I was talking to him as a counselor, yes.

Okay.

Did you go seek counseling from him?

Now, can you point us to any-would you

agree that you and Mr. Busch communicated frequently by

text?

Before this-

During your relationship.

, ___

They told me yes, they saw the red marks on my

neck.

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192

During your whole

relationship.

Yes.

Text was the preferred way, rather than email?

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He doesn't email.

Okay.

193

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may have from September the 21st?

But our preferential communication was talking on

the phone, not texting.

r
\

THE COURT:

Okay, well, he's just going to

ask you about texting and you can talk about other

stuff.

Can you point us to any text since September the

21st until today in which Mr. Busch has threatened you in

any way?

I'm telling you that my per-

No, no, please-

My perception of some of his texts may not be the

same as yours.

threatening.

Can you help us out with any text that you

And yes, I take some of his texts very

AndTHE COURT:

And I think one of the-where we

may be missing each other, Mr. Hardin, is you're

using the threatening, and she's interpreting it to

be other than physical, and you're thinking physical.

Any-can you point us to any text or any

documents, or any physical evidence that since September

the 21st until today, that Mr. Busch has in any way

physically threatened you?

____, /

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194

You have the pictures from what happened that

night, but there are no text messages where he physically

threatens me.

You would agree that we have the pictures that

you took of yourself, correct?

Correct.

In which you say that whatever is shown on there

is somehow caused by him, correct?

They were.

And can you point to any text exchanges between

Mr. Busch and you in which you've said that?

Yes.

Talking about physical?

Yes.

Which one?

Yes, we just went through them Rusty.

Yeah, thank you very much.

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THE COURT:
A:

20
21

Okay-

And I said thatTHE COURT:

--are you talking about the text

messages in Respondent's 2?

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I already did to you.

THE WITNESS:
Q:

In Respondent's 2, yes.

Where does it say anything about physical threats

or physical harm?

"You have fucked me up."

I don't know how you

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take that, but I was talking about physical harm.

Okay.

Yeah.

We've heard-

[Interposing]

Ma'am...

--that is my term for you have assaulted me.

I understand that's what you're saying.

I'm only talking about words.

"You have fucked me up," that is-

What I'm

asking you are for words ever exchanged between you and

Mr. Busch in which either of you refer to any physical

threat or harm he has caused you?

Right here.

Words, "You have fucked me up."

THE COURT:

I think what Mr. Hardin's

looking for is have you ever used the word assault,

or did Mr. Busch ever use the word assault-

MR. HARDIN:

THE COURT:

MR. HARDIN:

THE COURT:

Or hit.
--or hit or strike or chokeNot just assault.
--or anything like that in your

messages?

THE WITNESS:

used "Fucked me up."

THE COURT:

195

I did not use those words, I

Okay, I got it.

So but-

I'm just saying, are there any words about

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196

physical threat or physical harm to you where they use

those words, not your interpretation of what you mean by-

3
4

[Interposing] This is not my interpretation, this

is what I said.

THE COURT:

The witness is allowed to tell

us what she meant by those words, and-

MR. HARDIN:

[Crosstalk]

THE WITNESS:

That's fine.

And I said "You fucked me up,"

and that's what I mean.

Dover.

Are there any other circumstances ma'am besides

Between?

September the 20th and today, in which you

And it's very clear about

that?

contend that there is physical evidence of emails, text

messages, documents, anything?

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19

When I also said "I never wanted what happened,"

that is my reference to the assault as well.

Okay, I'm-

When I said "You fucked me up," that's pretty

clear.

Those are the two times?

I don't know how many more times I have to keep

saying it.

But I, you know, there's a lot of text

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messages missing here.

have to go through them all to figure out in other areas

where I have said you did this to me.

So between those text messages, I

THE COURT:

I understand your testimony,

ma'am, and I understand your prior testimony in that

regard, as it relates to these messages.

All right.

Now, at the end of the day, when you

arrived that night, how long would you say you were in his

trailer?

About ten minutes or so.

How many times do you estimate or believe he told

12
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197

you you had to leave?

Once or twice.

Do you contend to this Commissioner that during

the physical confrontation you contend happened that your

son was there where he could visibly see it?

17
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20

He was at the front, and he was facing the front

of the bus, watching TV.

Do you recall Kurt Busch telling you this was not

an appropriate conversation to have around your son?

Never.

Okay.

And then when the physical encounter that

you had in some detail described to the Commissioner-how

long did that take place?

What do you mean how long did it take place?

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The physical-whatever you contend he did to you?

Moments, one, two, three, and that was it.

And then how did it stop?

pushed his hands away from me, told him he was

a piece of shit and a coward, and I ran out.

conversation between him and I at that point.

There was no

Did you go get your son?

I grabbed my son and ran, as I've testified

9
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already.
Q:

And when you did that, is it your

I see.

testimony that you were afraid?

Yes sir.

And is it your testimony that-did he follow you?

No.

Did he try to stop you?

I ran.

Did he try to stop you?

No.

What is the theory that you have that you were

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198

entitled to stay after he told you to leave his house?

He kept talking to me about his team, and going

off about that.

he was talking to me about.

leave, just leave, just leave."

about his race team, and talking to me about his problems.

He was going off about different subjects

He wasn't-he didn't say "Now
He kept talking to me

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Would you demonstrate for me again how you say it

happened?

words to it.

Just with your hands, and specifically put some

He grabbed me by the throat and the face and

smashed my head into the wall three times.

throat?

His left hand, right hand smashed my face.

Let me see.

Yes ma'am.

So which hand did he grab you by the

So his left hand grabbed you where?

On your throat?

Right. here.

On your left side?

199

So where,

could you point

with your finger?

Like this.

Okay.

Like this, as if I'm standing in front of you

like this.

Okay.

And this.

I see.

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23
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25

All right.

And so, the problem is the reader won't

know what "this" means.

I've already described this in great detail.

I have to keep doing this?

THE COURT:

It's permissible for Mr. Hardin

to ask you questions about what you described.

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have understood your testimony, and I'll understand

the next answers that you give in relation to that.

Mr. Hardin.

200

4
5

THE COURT:

MS. MCNEICE:

THE COURT:

MR. HARDIN:

THE COURT:

connotations.

You'll have to qualify that.

Objection, relevance.
Physically, emotionally,

mentally?

Thank you.

Would you consider yourself a strong woman?

MR. HARDIN:

Fair enough.
Strong has a number of

By the way, you were-did you go to the doctor

about these injuries?

No.

I was afraid that when they saw the bruises

on my neck that they would be legally obligated to report

it to the police before I had a chance to talk to my

attorney.

That's why you didn't go to a doctor?

Yes, I wanted to talk to my attorney first about

21
22
23
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how this was going to affect my custody.

Okay.

And so you waited until your attorney came

back from out of the country to go to a doctor?

No,

I did not go to a doctor.

to my attorney.

I waited to talk

I was not going to the doctor, to have

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3

Okay.

So did you go to anybody for any kind of

medical attention?

No.

All right.

called.

Mm-hmm.

And what is her name?

Waleska Rodriguez.

And you called her over about what time that

You mentioned the neighbor that you

Is she here as a witness?

morning?

1:30.

In the morning?

Yes.

Do you consider her a good friend?

Yes.

Is she married?

Yes.

And do they live right across the street, next

the doctors call the police.

201

door, or what?

They live right next door.

Do they ever keep Austin?

Houston.

Houston, excuse me.

He comes over to play.

Do they ever keep Houston?

\~/

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He goes over their place to play?

Yes.

Why didn't you call them to keep him when you

decided to drive over to Dover to see a man whose mental

health you were concerned about?

6
7

Well, you remember the Judge interjected and said

"So you didn't take him because you didn't have anybody to
leave him with," right?

Yes.

[Interposing] You said yes, you said yes, right?

Yes.

And I also that I thought-

And I just thought he needed the love of

his family, and I was going to be at the event the next

day.

I just assumed that we would talk and work this out.

Okay.

So you took your son over there at that

time of night, not because you didn't have anybody to

leave him with, because you did-

That was-

Excuse me.

Because I thought he

just needed the love of his family.

8
9

I told you this already.

202

him with.

You did have someone you could leave

She could have watched him, couldn't she?

I didn't see them there.

Ma'am, I'm just ask-look, this lady is a close

But I wasn't-I thought-

enough friend that she came over at 1:30 in the morning,

correct?

Right?

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203

Yes.

And she's a close enough friend that she's come

up here voluntarily to testify, right?

Yes.

So did you not think about calling her at 8:00

that night and say, "Listen, I need to go to Dover on a

family emergency, can you watch Houston?" instead of

taking him into that situation?

Houston also wanted to see Kurt too.

I see.

We're always together every weekend.

Yes ma'am.

Okay.

But actually, when you came in, the

first thing you told Mr. Busch is, "I want you to tell

him," pointing to your son, "why it's over."

No, I did not.

You never said that?

We never had that conversation in front of

Houston, absolutely not.

Okay, that's fine.

did you go get him?

that-

22
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25

"Houston, come back," and again say

Absolutely not.

motor home immediately.

At the end, when it was over,

I ran out.

I ran out of the

There was no conversation.

When you called the lady that you say your

mother, she's actually the wife of a former congressman, a

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deceased former congressman, right?

Yes.

In Florida; is that right?

Yes.

And she came up,

I believe you testified, about

the next day or so?

Yes.

And when she came up-and I think you said she

stayed Saturday to Monday; is that correct?

Yes.

Did she talk to Houston by herself?

No.

Did at any time she pull Houston aside to see

what he saw?

No.

Are you saying the entire time she was up here

that didn't happen?

Yes.

Okay.

mean things.

Would Houston have known whether or not

you were physically assaulted?

204

Houston said that he heard Kurt say some really

Well, I'm not speaking of what was said.

I'm

talking about physically assaulting you?

I told you, he was watching TV, facing the other

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205

direction.

I see, okay.

[Interposing] And we were trying to be very

So your answer-

careful about our conversations around my son.

So you're saying he wouldn't know, is that-

No.

Okay.

One way or the other.

So we come back

down to this, we started out today, do we not?

really depends upon whether you're telling the truth or

Mr. Busch is, correct?

THE COURT:

I haven't heard anything from

Mr. Busch yet.

13
14

This

MR. HARDIN:
Q:

I understand.

But I mean, at the end of the day, assuming Mr.

Busch testified, this will really come down to there were

only three people there, and one's a child who, according

to you, didn't see anything, right?

Correct.

All right, so we're going to have to decide it

based on what you say and what Mr. Busch says, correct?

Correct.

Now, would you agree that by the time you went

over-I don't expect you will agree with this, but by the

time you left and went to Mr. Terry, you talked to Mr.

Andrew, and talked to others, took your own pictures, you

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4

had already decided what to do?

No, I just told you, I needed to talk to my

custody attorney.
Q:

I had decided nothing to do.

Isn't it true, ma'am, that this is not the first

time that you have alleged a boyfriend or a husband has-

MS. MCNEICE:

MR. HARDIN:

THE COURT:

MS. MCNEICE:

10
11

206

Objection, relevance.
Excuse me.
Hang on.
Excuse me.

--has engaged in domestic violence?

THE COURT:

You actually have to let the

question come out before you can object to it.

what's the nature of the objection Ms. McNeice?

MS. MCNEICE:

THE COURT:

And

Relevance.
All right.

Mr. Hardin, what's

the relevance of whether or not this witness has

previously accused someone else of being abusive?

MR. HARDIN:

At least two or three times she

has made the same allegation with men she had a

relationship with.

THE COURT:

Okay.

So are we going to get

into mini trials regarding whether or not those two

or three people abused her?

MR. HARDIN:

THE COURT:

No,
Then the objection-

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MR. HARDIN:

207

--whether she made the

allegations.

THE COURT:

MS. MCNEICE:

MR. HARDIN:

--is sustained.
Thank you.
Just so the record's clear, I

was only talking about whether or not she's made the

allegations.

8
9

THE COURT:

Yes, in the absence of whether

the allegation is true, it's irrelevant.

Objection is sustained.

MR. HARDIN:

THE COURT:

MR. HARDIN:

We're good.

Judge, can I justYou may.

I'm not arguing with you, I

just want to make a point.

THE COURT:

MR. HARDIN:

Mm-hmm.
That the reason I raise this is

because our contention is is that this is a pattern

she engages in when she has a dispute with a man.

That's the reason.

Not whether it did happen,

MS. MCNEICE:

Objection, Your Honor.

His

furthering discussion, and I presume that's in the

form of summary argument that - -

[Crosstalk]

THE COURT:

It's not, but it-I do understand

Mr. Hardin's point, but the Court's ruling remains

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the same.

have been abused more than once, and have therefore

reported abuse more than once.

nothing to do with the credibility of this witness.

The objection is sustained.

It is entirely possible for someone to

And that would have

MR. HARDIN:

[Background conversation]

9
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208

Now may I have ...

Now, the next day did you also-you mentioned that

you were primarily responsible for the public image of Mr.

Busch, did you not?

Yes.

And who is a Mr. Healthman [phonetic]?

He owns a marketing company called Exit 10, and

Kurt calls him-

I'm sorry, it's called what?

Exit 10.

And?

And Kurt hired him to come up with ideas.

Well, he-isn't he really the guy that was in

charge of the public relations for Mr-

No.

Oh I see, he was not?

No, he was not.

Was that you then?

Yes.

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I see.

Well, in that case, did you email Mr.

Healthman about any of this?

Email him?
THE COURT:

At what point?

I'm sorry-

THE COURT:

THE WITNESS:

MR. HARDIN:

THE COURT:

Yeah, we really are.

Okay.
We really are.

Although-

When people used to email each

other all the time.

Mr. Hardin and I are stuck in

MR. HARDIN:

Or text him.

the old days.

209

MR. HARDIN:
Q:

You're absolutely right.

But I'm curious, did you have an email you sent

him, text message, excuse me, you sent him that night?

That night?

Or the next day?

I texted him before I left for Dover.

I see.

All right.

Now, I wonder if I can

address this issue, is that what did you tell him before

you left for Dover, if you recall?

That I had taken a picture of Kurt's messages

about him laying on the ground, crying on the floor,

asked him "What do you think I should do?"

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Okay.

That he must be upset because you didn't cave in,

And is it your testimony he told you

what?

and at the end of the text message said, "Well, I don't

know what you should do, but maybe you should go out

there, maybe he needs the love of his family."

after that?

After what?

After that phone conversation.

That was a text message.

All right.

on the way?

And then, so then did you communicate with him

[Crosstalk]

18
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Did you communicate-was that you say

So that would be the - -

No, I was not on the way.

Okay.

And then after you went did you

communicate with him?

That night?

I did not communicate with him after

the assault, no.

At all?

Not that night.

Okay.

This was me deciding

whether or not I was going to go out there.

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210

Then did you communicate with him in the

next few days?

I saw him at Starbucks on Monday.

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Which would have been the 29th?

Okay.

No, I'm asking.

I don't have a calendar in front of me.

Let's assume Friday was the 26th.

Okay.

211

Yeah, the 29th?

I
i

THE COURT:

THE WITNESS:

The 29th was a Monday.

Okay.

So it would have been Monday when you saw him.

Yes.

Do you recall sending him an email - - ?

A text message.

Excuse me, everybody's-

No, I do not.

All right.

16
17

I'm going to show you, if you recall

maybe, our next exhibit, which is 4.

Again, I would like the opportunity to have my

phone, so I'm not trying to be distruthful, I'm just

trying to remember what I have.

THE COURT:

I got it.

And you can certainly

bring to the Court's attention anything that you

believe is missing from something that's presented to

you.

Resporident's 3 as of yet.

and 2.

There is no document that's been admitted as

I've got Respondent's 1

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THE CLERK:

Well, he has one, it was the

attorney

MR. HARDIN:

THE COURT:

212

It hasn't been admitted?

It hasn't been introduced into

evidence yet.

THE CLERK:

So this will be 3 then.

MR. HARDIN:

So she wants to mark them only

what's been introduced?

THE COURT:

Yes, yes.

She's only marking

what's been introduced.

the witness and have the witness identify it, and

then once it's been admitted for me to review, then

Ms. Mullins will put a sticker on it and I'll take a

look at it.

Now, would you look at what has been marked as

Respondent's 3 and see if you recognize it?

Okay.

All right?

19
20

21
22

You can give something to

Now, can you-

MR. HARDIN:

And we would move, if we could,

to introduce Respondent's 3.
THE COURT:

Ma'am, what is that that you're

looking at?

THE WITNESS:

THE COURT:

THE WITNESS:

This is an actual email.

Okay, that's an actual email?
Yes.

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THE COURT:

Okay.

MR. HARDIN:
THE COURT:
understand.

213

I just wanted to have one.

I understand Mr. Hardin, I

Ms. McNeice, is there any objection to

this document admitted?

Its admission has been

moved.
MS. MCNEICE:
THE COURT:

None, thank you.

All right, it will be admitted

as Respondent's 3.
[Whereupon Respondent's Exhibit 3 was
admitted into evidence.]

Will you tell us-so this indicates, does it not

ma'am, that you sent, on September 27th, what time does it

show that you sent Mr. Healthman the email?
A:

1:37 p.m.

P.M.?

Which is the afternoon.

Do you recall

your testimony you were lying in bed in agony all day?

Yeah.

And your head hurt?

I was not in bed, I was on my couch.

Okay, you laid on your couch most of the day; is

that right?
A:

Yes.

Okay.

And this looks like, does it not, over on

the second page, someone sent Mr. Ballard-do you know who

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that person is?

He's my employee.

This is Mr. Williams?

Matt Ballard.

No, looking at the back page.

Yes.

The bottom, at the bottom of the second page.

Yes.

And who is the person that it is from?

Chamine Williams [phonetic] .

And who is that?

She's the Weather Channel producer.

For whom?

The Weather Channel.

15
16

THE COURT:

THE WITNESS:

THE COURT:

Yes.
I just happen to be familiar

with that.

20
21

Okay, the Weather Channel is a

cable weather programming station.

214

MR. HARDIN:

A lot of stations have a

weather-never mind.

THE WITNESS:

MR. HARDIN:

catch on.

The Weather Channel.

Excuse me, I'm sorry I didn't

So for the Weather Channel, is that someone you

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know?

215

Do you know-

Yes, I do know her.

Is she a friend?

I met her, she's an acquaintance I work with.

Yes.

And so she sent Mr. Ballard, who is an

employee of yours-

Yes.

And what is this about, do you know?

Yes, this is-

First intern gone wild [phonetic] .

Yes, this is the spot that he did on the Thursday

that I did not attend.

So somebody is forwarding you an interview he

Yes.

So, someone gives it to Mr. Ballard and then Mr.

did?

Ballard forwards it to you?

I got this directly from Chamine as well.

Okay.

And then Mr. Ballard-Mr. Healthman sends

that to you I guess, or you send it to him?

Help me out what this is.

exchange for me, in your own words.

23
24

I'm confused.

Just describe these two-page

I'm not even sure that these two messages were

related.
THE COURT:

Okay.

But you can only tell the

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Court ma'am about what you remember.

as if-

THE WITNESS:

THE COURT:

There seems-yeah.
--from the texts-from the

subject line of your email to Mr. Healthman that is

"Re: Kurt NTWC."

THE WITNESS:

THE COURT:

It would appear

216

Yes.
Okay.

Now, as you look at that, doesn't it look like

Mr. Healthman forwarded you an email from her to him?

Yeah, but I got this from her directly.

Pardon me?

I got this from her directly.

I don't care about that.

THE COURT:

Okay.

I'm talking about these documents.

Yes.

All right.

And then on the front page you

respond to Mr. Healthman, after he forwarded you something

that showed an interview with Mr. Busch, correct?

Yes.

And then you say "This is really cool, I really

love Kurt and I hope he's okay.

keep praying he gets out of this funk."

accurately reflect your feelings at the time?

So does Houston.
Did that

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CROSS EXAMINATION OF P. DRISCOLL BY R. HARDIN

217

I'm not spreading my issue of what happened that

night to every single person.

respond to every person, "Do you believe what that bastard

did to me?"

Kurt.

done the week before.

No.

You think I'm going to

This is someone who is also employed by

And I do think the spot was really cool, and it was

very upbeat?

That's-would you agree the tone of that email is

Again,

I'm not going to make sure that every

email that I send to everybody just was telling everybody

what happened that Kurt did.

And would you agree that this is during the time

you told the Commissioner that you were in great pain that

day and lying on your sofa?

15
16

Yeah, and I can sit there and text and email on

my phone.

Okay.

[Interposing]

NowI still have a job to do Mr.

Hardin, and it doesn't stop because he did this to me.

have a responsibility to respond to people.

on in my brain is a million things at the same time.

not going to deny that I loved him very much.

him for four years.

What question are you answering?

I'm answering what you said here.

What's going
I'm

I was with

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THE COURT:

what-ma'am, I do understand the response that you

made originally to the question.

any further explanation.

It doesn't require

Now-excuse me, I'm sorry.

THE COURT:

It's all right.

I do understand

that sometimes folks have to do things to keep up

appearances-

THE WITNESS:

THE COURT:

Yes sir.
--and that they might not want

to air their dirty laundry with everybody.

Tell the Commissioner, did you make a video

called "Pocket Commando"?

What?

Did you make a video-

I never made a video.

17
18

Somebody had proposed a

reality show to me called Pocket Commando.

All right.

Now, would you agree that you've

testified today that you were very alarmed and very

afraid, that's why you ran out?

Yes sir.

And that you felt threatened physically by Mr.

I think she's trying to explain

218

Busch?

Yes, he just assaulted me.

And you were afraid?

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Yes sir.

Okay.

you remained afraid for the next six weeks before you

reported it?

I have no idea what he's going to do.

Listen-

Yes.

Thank you.

I was not pitching it, no.

I see.
MR. HARDIN:

THE COURT:

It's got to be 4 at this point,

because I've only got 1, 2 and 3.

MR. HARDIN:

THE COURT:

Well, we'll move to introduce-it

would be R-4.

14
15

Now, this reality TV show was

something you were pitching, right?

12
13

And you've testified, have you not, that

219

All right, what is it Mr. Hardin?

It looks like you've got a CD or DVD.

MR. HARDIN:

I do.

What we propose to do is

play it for the Court on a computer.

minutes.

It's about eight

THE COURT:

THE WITNESS:

What does this have to do with-

MS. MCNEICE:

I-

THE COURT:

Okay.

[Interposing] Hang on a second, I

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don't even know what it is yet, so somebody's got to-

MS. MCNEICE:

I don't have a clear picture of

what it is.

I presume that means his office made a copy of this.

It's described as "Copy of Patricia Driscoll's Pocket

Commando video."

video.

It says it is "Rusty Hardin and Associates,"

She just testified she never made a

MR. HARDIN:

THE COURT:

MR. HARDIN:

WellOkay.
--all you have to do is look at

this, these films throughout.

THE COURT:

MR. HARDIN:

220

Okay.
What this is, you would find this

on You Tube now.

THE COURT:

THE WITNESS:

THE COURT:

MR. HARDIN:

Okay.
You put it on You Tube?
Hang on a second.
It is on You Tube now, and we will

find it.

this, it is totally inconsistent and unbelievable that

this woman-

It's in public, and the woman displayed on

THE COURT:

MR. HARDIN:

Mm-hmm.
--would be afraid, under the

circumstances, of any kind of physical encounter with

this man.

It depicts a woman totally inconsistent with

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the way she's portraying both the events that night and

herself.

3
4

THE COURT:

MR. HARDIN:

THE COURT:

8
9
10
11
12

Do we know when this video was

made?

221

I think we can ask her.

All right, well, let's lay some

foundationMS. MCNEICE:

[Interposing]

I thought her

testimony was she didn't make thisTHE COURT:

Ma'am, did you-were you videotaped

at all for something called Pocket Commando?

THE WITNESS:

There was a TV production company

who wanted to follow around my sensors and surveillance

work, my sensor work, out on the border.

THE COURT:

THE WITNESS:

Uh huh.
And they wanted to make a reality

show of like the Border Patrol, life on the border, and I

agreed not to do it after I saw it.

THE COURT:

THE WITNESS:

Okay.
So this was not for any public

consumption, this was not on YouTube.

THE COURT:

THE WITNESS:

Okay.
So I'd be interested to see when

it got put on YouTube, because this was-actually there's

confidentiality agreements between me and the company

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PROCEEDINGS

about this.

2
3

THE COURT:

Okay, well, that's something that's

between you and the company I expect.

THE WITNESS:

THE COURT:

Yup.
But what we're going to do, I think

what we probably have to do is, we can't sort of admit it

into evidence before it's been identified, so what we're

going to do is, we're going to have to recess and let the

witness view whatever is on this DVD,

so that she can

make a determination with regard to whether that's her,

and whether that's something that was videotaped of her.

And then she and counsel can review it, and then we'll

make a determination about whether it's admissible.

we're going to take a recess so that that can happen.

And we'll make some sort of facility available where they

can-

THE CLERK:

MR. LIGUORI:

They have it right there.

Your Honor, respectfully,

yesterday we tried to do this, and apparently we've got

to bring our own laptops to get it done.

Court does not have the technology for it.

THE COURT:

MR. LIGUORI:

24
25

It was-the

I apologize for that.

So we have the laptop here ready

to rock and roll.

THE COURT:

The Chief Justice has promised us a

-~.-----

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PROCEEDINGS

new courtroom.

going to recess, and what we're going to do is we're

going to set up a facility somewhere where Ms. McNeice

and the witness can review this.

Court staff assist in the playing of it, so they can

review it and then we'll come back and make a

determination with regard to its admissibility.

All right, so we're

We're going to have

I would prefer that it not be played in front

8
9

I'm just kidding.

of the public at large before it's admitted.

We're in

recess.

THE CLERK:

All rise.

[Background conversation]

[OFF THE RECORD]

[ON THE RECORD]

THE COURT:

Good afternoon again everyone.

Ms.

McNeice, have you and Ms. Driscoll had an opportunity to

review the content of the disc that Mr. Hardin was

seeking to have admitted?

MS. MCNEICE:

Yes.

This has been identified as

Respondent's 4.

produced in 2009.

Ms. Driscoll's

appears to be completely irrelevant to any of the

information that's being presented here today.

is that Mr. Busch assaulted her, attacked her, grabbed

It is a video that apparently was

It appears to have been-it preceded

relat~onship

with Mr. Busch.

It also

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224

her neck, grabbed her chin.

face, I'm sorry, and pushed her head into a wall.

He had pushed her head or

And I presume they want to show this as this is

really one tough lady, and she certainly couldn't be hurt

and/or wouldn't be that sensitive or be threatened, and

is not fearful.

to this hearing today.

I would suggest that's just not relevant

THE COURT:

MR. HARDIN:

Mr. Hardin?
Well, I think the latter part

addresses our contention.

think the Court could do-there's a lot of evidence, and

decide whether to admit it, to look at it, and if you

decide it's inadmissible I think then it doesn't come in.

But I don't know how you, in the absence, would be able

to make an informed decision about it without looking at

it yourself.

I would respectfully say I

-~/

THE COURT:

MR. HARDIN:

THE CLERK:

MR. HARDIN:

THE COURT:

MR. HARDIN:

Okay.

How long is this video sir?

It's eight minutes I believe.

About eight minutes.

Eight minutes.
And we'll say that what we're

offering it for is I don't believe anybody could look at

this video and conclude that this lady is, just as her

counsel said, would have been intimidated, afraid, or

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225

reacted the way she claims she did not only the night of

the incident, but the fear she claims she's had for all

this period of time.

portrayed and portrays herself, is totally inconsistent

with that position.

THE COURT:

This video, and the way she's

All right, well, I guess I should

take a look at the video and determine whether it's

admissible.

going to have to take another recess.

And unfortunately that probably means we're

One of the things,

counsel, that we're going to need to do is, we're going

to need to start-because I understand that Petitioner has

one more witness?

MS. MCNEICE:

THE COURT:

least three or four?

That's correct, Your Honor.

MR. LIGUORI:

THE COURT:

At least.

And Respondent has at

At least four.
Okay, so this isn't going to end

today I expect, unless these are really short witnesses

and we get done with-

MR. HARDIN:

THE COURT:

We're kind of late - --Ms. Driscoll really quickly.

no, no, so counsel's going to have to start thinking

about when to continue the trial to.

flexible as I can be-

MS. MCNEICE:

I'm certainly

I left my-

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PROCEEDINGS

THE COURT:

--as it relates to that.

I have a

full child support calendar for tomorrow, but I can

probably make accommodations and make myself available

tomorrow.

double duty for me.

Tuesday, I'm the PFA calendar next Tuesday, but that

means somebody else is going to have to cover the balance

of the PFA calendar.

It's going to require my colleagues to do some

But I can do that.

I've got next

But we can work out days.

So what I want counsel to do is just be

conferring at some point today, and keep an eye on when

we can resume this hearing.

[Background conversation]

THE COURT:

can discuss that while I'm looking at this video.

15
16
17

So in any event, I guess you all

MR. HARDIN:

She'll bring it right back to you

Judge.
THE COURT:

Okay thank you.

And I suppose I

should-perhaps the conference room's available for me to

take at it-

THE CLERK:

It is.

THE COURT:

--to determine whether it's

admissible.

THE CLERK:

THE COURT:

[OFF THE RECORD]

All right, and I'll do that.

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[ON THE RECORD]

THE COURT:

227

I have viewed the DVD that was

provided to the Court and that's been proposed to be

admitted, and Ms. McNeice, your objection is relevance?

MS. McNEICE:

THE COURT:

Yes, Your Honor.

Okay.

I apologize.

And Mr. Hardin, again, what

issue that is before the Court is the video that I just

saw relevant to?

MR. HARDIN:

Whether or not she had a

reasonable fear at the time both of the event and since

then that required the protective order.

-I think it goes to whether or not--her credibility on

the issue of whether or not she was in fear and felt

threatened.

that would be capable of being threatened in the

circumstances she mentions, and I think it goes to that

issue.

someone who would afraid since that time.

Whether or not-

And I don't think that video shows a woman

And whether or not she reasonably would be

THE COURT:

Okay.

I'll admit this video and I

will give it the weight that I deem appropriate as it

relates to the issue that it's been identified to be

relevant to.

already seen it.

And we can move on from there, as I've

[Whereupon Respondent's Exhibit No. 4 was

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228

admitted into evidence.]

MR. HARDIN:

FEMALE VOICE:

MR. HARDIN:

MS. McNEICE:

THE COURT:

Yes.
I believe Mr. Ligouri's assistant

THE COURT:

I've got this marked.

We should actually admit the one

that was just played for me.

MR. HARDIN:

FEMALE VOICE:

MR. HARDIN:

That he saw.

now.
FEMALE VOICE:

THE COURT:

MS. McNEICE:

20
21
22
23
24

Okay.
And I believe it's going to be 4

Do we have one marked?

MR. HARDIN:

Do you have our

may have it.

[Interposing]

copy to be admitted?

All right, now--

Yes.

Yes.
Ms. Still [phonetic], I believe I

don't have the copy that-MR. HARDIN:

I'll give you a copy in case you

don't have it.

MS. McNEICE:

Okay.

The copy that he viewed,

was that the copy that I viewed, ma'am?

FEMALE VOICE:

Yes.

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THE COURT:

The one that gets admitted has to

be the one that I looked at.

MR. HARDIN:

Oh, this one has got 4 on it.

You've already put 4 on this one.

FEMALE VOICE:

MR. HARDIN:

[Interposing]

FEMALE VOICE:

MR. HARDIN:

FEMALE VOICE:
the other.

[crosstalk]

THE COURT:

MR. HARDIN:
and he saw.

THE COURT:

MS. McNEICE:

Okay.
And we switched - -

She has

Thank you.
And this is the one that she saw

Thank you.
And I need that - - there.

THE COURT:

Thank

Okay, Mr. Hardin, are you ready to

continue?

MR. HARDIN:

P A T R I C I A

you.

20
21

And this is the one that he

- - a copy for your records.

That's the

I don't have it.

Right.

viewed though.

This is--

one he viewed.

229

I am.
D R I S C 0 L L, having been

first duly sworn, testified as follows:

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230

CROSS-EXAMINATION
BY MR. HARDIN
Q:

Now, do you recall in your testimony you talked some

about some things that Mr. Busch had supposedly said about
Tony Stewart and that situation?
A:

Yes.

Is that correct?

Yes.

And the Tony Stewart thing you're talking

about is an accident in which somebody on the racetrack was

killed in a car he was driving.

Is that a fair statement?

Correct.

Pardon me?

Correct.

And your contention is that Mr. Busch was saying all

kinds of bad things about Tony Stewart and how that affected
him or so?
A:

Yes.

How would you characterize it?

That's what I said.

All right, and when was he supposedly saying these

things?
A:

What do you mean when was he supposedly saying these

things?
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2
3

What place?

That Mr. Busch

was saying these things?

He said them both that night, on the 26th.

also said it the 21st.

He said it the 21st?

Yes.

Okay.

And then I'm going to show you what has been

marked as Respondent 5.

an email, is it not?

And ask you to look at it.

This is

Yep.

And this is an email that you sent to--would you

identify who Mr. Zipadelli is?

He's a team manager.

A team manager for whom?

Stewart-Haas Racing.

And so that the - - knows, Stewart-Bass?

Is the team that Kurt drives for.

And Tony Stewart does?

Yes.

So Stewart-Haas is the Stewart of Tony Stewart; is

that right?

Yes.

And that driving is the team that Mr. Busch had, was

working on a three-year contract; is that right?

___/

'-._ _

And he

Of September.

What day, what date?

231

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232

Yes.

And so this year, 2014, was his second year of that

(
3

three-year contract; is that right?

No, 2014 was the first year.

First year?

Yes.

Do you think this is the first year?

2014 is the first--the 2014 season was the first

year of his driving season with Stewart-Haas Racing.

How much time does he have left on his contract?

He has a two-year contract.

A two-year, not a three-year?

No.

Okay.

Not to my knowledge.

All right.

And we saw an email that was introduced,

didn't we, that talked about where he was saying that he was

driving for his--he was driving next year for his contract?

Do you recall that?

If you do.

THE COURT:

I recall seeing one saying that Mr.

Busch observed his team talking to a third-tier driver

and he felt that his job was in jeopardy.

Yes.

It's the principle.

That's basically what I'm

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233

making.

Okay.

Now, all right, you were seeking to help him in this

4
5

Yes.

All right.

career on the racetrack.

sent an email to Mr. Zipadelli and Mr. Verlander; is that

right?
A:

Mm-hmm.

Pardon me?

Yes, sir.

And Mr. Jarvis, who is he?

Eddie Jarvis is Tony Stewart's right-hand man.

Pardon me?

Tony Stewart's right-hand man.

Is that somebody that you contended that Tony was--

20
21

And August the 12th of this year you

'Cause you were helping him with his

year, weren't you, in trying to keep that job?

that Mr. Busch was saying bad things about earlier?

Eddie Jarvis?

No, he never said anything bad about

Eddie.
Q:

Okay.

I was just trying to remember who he was.

Now when you look at Respondent's 5, do you recognize that as

an email you sent?

Yes.
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Okay, I'll move to introduce.

234

And in this email you

were laying out what you consider a public relations approach

for Tony Stewart, correct?

Correct.

As to what--how he could try to overcome the

difficulty he was in because he was in the public spotlight at

that time, right?

Yes.

And the public spotlight was is the criticism of him

and everything for having accidentally killed someone?

Yes.

Is that right?

And so this email sets out exactly

(
\

your approach as to how he ought to go about it, correct?

Yes.

All right.

Your Honor.

I'll move to introduce Respondent's 5,

THE COURT:

MS. McNEICE:

19
20

Ms. McNeice?
Again, it's relevance, Your

Honor.
THE COURT:

What's the relevance of Ms.

Driscoll's advice given to someone on behalf of--who is

operating on behalf of Mr. Stewart about how to

rehabilitate Mr. Stewart's image?

MR. HARDIN:

She sets out--well, I think the subject and

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235

then about Mr. Stewart and all was, I think it's inconsistent

to think she'd be doing all this to try to help a man that she

contends the guy that she was having a relationship with was

badmouthing and everything.

He was.

6
7

THE COURT:
A:

I'm sorry.

8
9

Well, hang on a second.

Go ahead.

I'm sorry.

MR. HARDIN: And the second thing is, is that

this reflects accurately her attitude about how to deal

with these kinds of situations of public figures under

attack.

she's recommending they do.

And it's a pretty brutal assessment as to what

THE COURT:

Okay, I'm--to be honest, I'll take

a look at the document to determine whether it's

relevant, but I'm struggling to see the relevance at this

point.

17
18

MR. HARDIN:

If I may, while the Court is

looking?

THE COURT:

MR. HARDIN:

Mm-hmm.
Throughout this document is advice

on how to manipulate the public--public opinion and the

media, and how to attack the victim.

throughout this entire email that says the public

approach she's recommending the Tony Stewart people

And it's replete

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236

fortunately ignored taking.

MS. McNEICE:

Hardin's assessment of this tool.

to friends about some incident.

objection that it is irrelevant.

Mr. Busch brought up how Mr. Stewart's actions had

affected his ability to be a race car driver.

8
9

)
/

And that is of course Mr.

THE COURT:

She's writing a letter

I again reassert my
Her testimony was that

That's not exactly what I heard her

testify--

MR. HARDIN:

THE COURT:

[Interposing]

Yeah.

--Mr. Busch was saying, but I do

get it.

that Mr. Hardin is taking as it relates to the relevance

of this document.

the weight that I deem appropriate, which I expect is not

going to be very much.

All right, I think I understand the position

And again, I'll admit it and give it

Mr. Hardin?

[Whereupon Respondent's Exhibit 5 was admitted

into evidence.]

Thank you.

You actually suggested to

the Stewart people that he find people that the deceased young

man smoked pot with to discredit him, didn't you?

Yes, sir.

You wanted him to look for people that he drank with

and that he got in a fight with.

This is a young man who is

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out on the track that's accidentally run over by another

driver, correct?

Yes, sir.

And in order to enhance Tony Stewart's ability to

237

.deal with this you actually wrote an unsolicited email--

[Interposing]

Oh, who asked you for this?

Eddie Jarvis and Kurt suggested that I should also

No, it was solicited.

do it.

Oh, I see.

Yes.

Oh.

That you should tell them how to do it?

What would be my plan to help.

And are you suggesting that Kurt reviewed this?

A:
Q:
A:
Q:
17

thing says, as the way to go about it?

It's an approach to dealing with the issue.

Okay.

And it did turn out the kid had drugs in his system.

And you--

[Interposing]

And I also have the text message from

Greg Zipadelli's wife saying, "Thank you for the email, and

the same from Greg."

And Zipadelli's wife saying, "They used

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your email.

did.

You didn't get the credit you deserved, but they

I see.

you?

report . .I'm assured they didn't draw blood from Tony, but I

can guarantee they did the victim.

adds to his stupid level.

You say, "The Sheriff is staying quiet on the toxicology

If he was drunk, this only

We need a leaked report."

Okay.

Is that something that you were recommending to

them?

THE COURT:

12
)

And you wanted them to leak things, didn't

238

Were you recommending that someone

leak a report, ma'am--

MR. HARDIN:

THE COURT:

[Interposing]

--or that somebody obtain a report

that was leaked by somebody else?

Yeah.

I was recommending that they leak a report that was

obtained by somebody, not to go do something criminal.

Okay.

And then you talked about getting Mr. Penske

in.

up at the top, is be on the offensive.

And your whole point is it not over on the third page is,
Would you agree?

Yes.

That pretty much accurately reflects your attitude

toward a situation where somebody has an event that they want

to manipulate and - -

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No, this accurately reflects the situation that

happened with Tony Stewart where I was asked to give some

advice and I did.

is not my life.

5
6

I see.

This does not--this is this situation; this

Did you talk about preparing the witnesses

and everything, about for the media, so that they--

[Interposing]

- - the media?

If you're dealing with a hard subject, of course you

Yes.

sit people down and talk to them about how they are going to

talk and say and practice it.

12
)

239

13
14
15

You actually wanted the media to be reminded of an

8-year-old boy, is it Richard Petty?

Had an accident?

Richard Petty killed somebody, an 8-year-old child,

in a drag race.

In 1965?

And I suggested that Richard Petty come over and

talk to Tony Stewart and talk about how hard it is to

accidentally kill somebody.

And that's a bad thing?

And you refer to him as The King, right?

That is the nickname he is called--

[Interposing]

--is The King, yes.

I understand.

Yes.

And you say, "The King has been kept

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That's true.

"He should be pressured to be the face of this to

help everyone out."

Yeah, he should come over and help out Tony Stewart.

So I take it, as you explain it you stand by this?

They asked for my recommendations of what to do in

this particular situation, and I gave my recommendations for

this particular situation.

10
11
12
)

alive financially by NASCAR and a lot of the owners."

240

And that is how you would handle this kind of

problem; is that correct?

No, this is how I handled--how my suggestions for

this specific problem relating to Tony Stewart and his

incident.

Yes, ma'am.

Now, there were letters back and forth.

I want to ask you about a specific exhibit.

together is almost over, okay?

just about a few things here.

Todd Barrier is?

20
21
22
23
24

And our time

But I want to check with you

Could you tell the Judge who

Yes, Todd Barrier was the crew chief for--former

crew chief for Kurt when he raced at Furniture Row.

All right.

And when he ran for Furniture Row that

was how long before he worked with the Stewart-Haas team?

He went with Stewart-Bass?

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Pardon?

He went with Stewart-Haas?

THE COURT:

241

No, no, I think he's talking about-

4
5

[Interposing]

THE COURT:
Haas.

How long was he with Furniture Row before--when was

Kurt was with Furniture Row for one full season and

this?

10
11

I think six races.

Barrier is also a personal friend of mine since before I knew

Kurt.

Racing and my Foundation.

So in 2013 and the end of 2012.

And Todd

Because I did a lot of work with Richard Childress

Do you recall calling him after the New Hampshire

incident that ended up at the Boston Airport?

calling him?

Yes.

And you keep telling him over and over that Kurt

Do you remember

owed you for salvaging his career?

No.

Did you tell him you couldn't believe he was doing

23
(
;
\~

--before Mr. Busch went to Stewart-

Oh.

Houston this way?

What?
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Did you tell him that you could not believe--

[Interposing]

You could not believe that Kurt was doing Houston

242

Is--this is after New Hampshire?

this way?

Was this after New Hampshire?

Yes.

No, I did not say that.

Okay.

9
10

What?
THE COURT:

THE COURT:
Q:

Mr. Barrier?

Mr. Barrier.

13
14

Do you recall him asking you why

you brought your kid?

11
12

All right.

No.

Yes, sir.

Okay.

Do you recall Mr. Barrier asking you in

conversation after this happened, after the incident on the

26th, to why you took your child?

No, he did not.

He didn't ask you?

No.

Do you recall telling him that you wanted to ask

Kurt, or you want to tell this boy to his face that you don't

love him any more?

No.

Your testimony is that didn't happen?

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MS. McNEICE:

Objection.

243

I think that there is

confusion on who the antecedent for him is.

gone back and forth between what she's told Kurt--

[Interposing]

Well, I think what

we're talking about is a conversation with Mr. Barrier.

That's what--

[Interposing]

Right.

MS. McNEICE:

THE COURT:

Because he's

Okay.
--I understand to be the

conversation.

MR. HARDIN:

MS. McNEICE:

And, and that's-[Interposing]

up also what she told Kurt.

trouble following this.

But he's brought

So I'm having a little

THE COURT:

to--I understand the question.

understand the question, please just let us know and

we'll ask that it be rephrased so that you can understand

it.

All right.

I got it.

I'm trying

Ma'am, if you don't

The question I'm asking is did you tell Mr. Barrier

that one of the reasons you wanted your son there was for Kurt

to tell this boy to his face that you don't love him?

Absolutely not.

And then do you recall a premiere movie at the

'--___../

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244

NASCAR Hall of Fame in Charlotte?

Yes.

When was it?

Mid-October.

It was after this September incident, the event that

we're here for?

Yes.

Did you see Mr. Barrier there?

I did.

Was his wife there?

She was.

Do you recall in his presence telling the AP

reporter, Jenna Pryor, that we've talked about before, and

NASCAR's Jeff Burton about what happened, and do you recall

this particular quote?

fucker and angry for him not showing up for your night?

Quote, you were calling Kurt a mother-

No.

Did that conversation happen?

No.

Okay.

I didn't want him there.

Don't you remember criticizing him in the

emails you looked at for not being there for your night ?

What?

Did you criticize him to anybody for not being there

for your night?

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1
2
3

I did not want Kurt there.

I asked my PR guy to

make sure he was not coming.

Okay.

All right.

And you recall earlier testifying

to both me and your lawyer that you didn't want any money or

anything from Kurt?

What?

THE COURT:

I think he's talking about Ms.

McNeice as well as the host.

Yes.

245

Yes.
THE COURT:

In her direct examination and your-

-in his cross-examination of you, you were saying that

you didn't want any money from Mr. Busch.

I wanted repayment of my expenses and the work that

I've done.

did not ask for any relief in conjunction with this

whatsoever.

that right?

Yes.

That we've been talking about that you went all back

I did not--we are not here talking about money.

Ma'am, when did Mr.--your home is in Maryland; is

and did all the security stuff for,

you went back to Maryland--are you in the kind of a

neighborhood where you have off-duty police for security or

anything?

right?

By the way, when

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MS. McNEICE:

THE COURT:

Are we talking about a gated

community?

What?

Either gated or some type of security in the area?

A ..

No.
THE COURT:

Nope.

Okay.

Relevance.

Objection.

246

Any security in your neighborhood?

Then did you go back--what police would be

responsible for your houses?

Howard County Police.

Okay.

Did you call the Howard County Police and

tell them that you were concerned about whether or not some

man was going to come on one of your houses and ask them to be

aware of it, and that you were concerned?

16
17

18
19

No, because then we would be getting into the

situation where I am now having to report why.

Okay.

Now, do you recall when Mr.--when did Mr.

Busch buy his house in North Carolina?

Which house?

Well, does he have a very nice, large house there?

Yes.

Was it in the past year or so?

Yes.

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When did he get it?

September, October.

And then y'all also formed a LLC that would--for him

to guarantee the purchase of your house, right?

But the first and only thing you've purchased so far

was that he guaranteed your house, correct?

loan?

Yes.

All right.

He's on your

Now, in turn he bought and built his own

house when, in North Carolina?

About nine months, ten months before that.

Okay.

And did you attempt--and is Mr. Barrier's

wife named Jennifer?

Yes.

Is she a real estate agent?

She is.

And did you try to get her to put your name on the

__)

No, we formed an LLC so that we would start

purchasing land together.

...

247

title of his house?

Absolutely not.

Are you swearing that's not true?

Yes.

Good.

Have you ever looked at the title and seen

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where originally yours and Kurt's name on there?

your name is--

248

Her name--

3
4

[Interposing]

I have never seen his closing

documents?

Just a second.

I have never seen the closing documents.

All right.

So if somebody was to testify

differently, that wouldn't be accurate, right?

Correct.

Okay.

I was--I

did not sit there to sign them.

8
9

Your name is marked off?

you.

Now I just have a couple of other things with

You tweet, don't you?

Yes.

And you tweet fairly often, don't you?

Yes.

And during the time all this was pending you

continued to tweet kind of pretty often, didn't you?

Yes.

Would you agree that the person on that video is

depicted is a sort of a very strong, macho woman?

asking you to agree with anything else.

that that's what the video shows?

I'm not

Just would you agree

That's how they decided to cut it up, yes.

All right, so that was them cutting it up that way?

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Yes.

That wasn't you?

And that's why I didn't agree to it.

But that--so it wasn't your idea?

Yeah, just 'cause, you know, reality TV is always

249

100% accurate and never actually cuts anything up, right?

7
8

Yeah.

Well, I'm just curious.

I want to do the

letter, No. 15, please.

FEMALE VOICE:

MR. HARDIN:

The letter - - ?
No, it's a different one.

Different one, thank you.

THE COURT:

No, No. 15 is something that they

are looking at.

MR. HARDIN:

same guy, but the same subject.

would be No. 6, would it not?

THE COURT:

From the same guy.

Or not the

Thank you.

I believe, yes.

Now, I'll give you a copy of No.

So this

Yes.
6.

Here, take this

one.

this is a letter, is it not--I'm not going into the contents

yet; it's not in evidence.

from your lawyer, Mr. Deceio [phonetic]?

And I'm going to ask you, if you will look at that date,

But this is a letter, is it not,

Yes.

And it is sent to a man that has been identified as

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250

a lawyer in Alexandria for Mr. Busch; is that correct?

It says Troy, Michigan.

THE COURT:

Michigan.

Mr. Conley.

It's addressed to someone in

Yeah, Mr. Conley.

The same one in the

previous letter of March 13?

Yep.

Now, did you authorize your lawyers to tell Mr.

Busch's representative that there were both personal and

professional issues in your relationship that needed to be

dealt with?

was authorized.

property, the settlement of financial obligations, and

resolution of personal issues that are purely best kept in

confidence between the parties if at all possible.

authorize him to say this?

appreciate, Ms. Driscoll's actions will be in large part be

dictated by Mr. Busch's efforts to resolve matters to her

satisfaction."

And we go over to the second page to see if this

But these are not limited to the division of

Did you

"As I am certain you can

Did you authorize that?

I did not authorize it, but he sent it.

And did you agree with it?

Am I allowed to explain?

Yes.

We had--his name is on my mortgage; it has to come

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off.

I have belongings at his house; he has belongings at mine.

son has stuff at his house, too.

have to get all of our stuff settled.

back with Mr. Busch, but I wanted Mr. Busch to get help.

I did not want all of his mental issues, alcoholism and

everything else at this point to be a matter of public record.

I wanted him to get help and get treatment for what caused the

actions that night.

10
11
12

251

13
14

We had that company together.

It has to be dissolved.
My

This is a break-up and we

I do not want to be
And

Well, ma'am, the date of this is October 22nd, isn't

And they had been having discussions for quite a

it?

while.
Q:

Yes, ma'am.

We're now into a month since the event

happened that you have not complained to law enforcement or

notified them or any family--just yes or no--or any family

groups.

making a demand, right?

Still lawyers are talking and you have a lawyer

Yes.

You would have to agree with me that we end up here

and over at the police station after your demand disappeared

and you didn't follow through with it?

We did not make any demands.

I see.

Do you not think language that says that,

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that what happens from here out from a lawyer?

2
3

I wanted him to

seek treatment, and you're-Q:

[Interposing]

--trying to twist this around.

So did you on the same date tweet anything about

No.

Do you recall tweeting on October 22nd, "I'm always

Well--

this?

entertained when a person brings a knife to a fight or plays

checkers with a chess player"?

Yes, I did tweet that.

It had nothing to do with

this.

and some claims over a soldier who wasn't being taken care of.

And it was a joke.

I've been handling something at my office over the VA

So the lady that we saw in tears and so mortified,

understandably, today is tweeting in October after she has

supposedly been so traumatized, the same date her lawyer sends

a demand letter she writes:

person brings a knife to a fight or plays checkers with a

chess player"?

22
23
)

And Kurt knows exactly what it was.

252

"I'm always entertained when a

This had nothing to do with this.

As I told you, I

didn't even see this letter.

THE COURT:

What does the tweeting have to do

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with?

As I said, with something at my office to do with a

soldier's VA claim.

4
5

THE COURT:
A:

Okay.

It had nothing--I didn't even see this letter that

he's saying occurred on the same day.

THE COURT:

When did you get made aware that

your attorney had sent that letter?

253

Not for a couple of days.

THE COURT:

Okay.

All right.

Ms. McNeice, is

there any objection to the admission of this letter from

Ms. Driscoll's counsel?

MS. McNEICE:

Of course.

My ongoing objection

as to the relevance of this.

information.

that hardly ever do we have a letter going from a client

obviously and that they might receive it the same day

that they sent another tweet on a completely unrelated

matter, as relevant.

THE COURT:

There's certainly no

It doesn't have a cc on here, and I'll note

Well, obviously the letter I

believe is relevant to motive and will be admitted for

that purpose.

relates to motive is something that I will determine.

The weight that I will give it as it

MS. McNEICE:

I'm sorry, Your Honor, that would

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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN

254

be something you?

THE COURT:

MS. McNEICE:

THE COURT:

[Whereupon Respondent's Exhibit No. 6 is

Something that I will determine.

Oh.

So I have Respondent's 6.

admitted into evidence.]

Thank you.

Now, I want to show you the tweet, and then

truly are.

This is going to be 7.

So look and see.

Thank you.

And I'm seeking to introduce 7, Your Honor,

just as

an exhibit as we just went over.

THE COURT:

And, ma'am, do you recognize what's

in the document that's in front of you?

Yes.

THE COURT:

And is that a tweet that you--I

don't know how you do this--that you placed on Twitter, I

guess?

Yes.
THE COURT:

I'm not a Twitter person myself.

They don't want us to do so in the media.

will be admitted.

22
23
24

MR. HARDIN:

Okay.

Thank you, Your Honor.

Then it

I believe

that's all I have.

THE COURT:

Okay.

What time is it, folks?

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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN

there time--

[Interposing]

I had moved.

[Interposing]

5
6

Do I get to-I think-Do I get to explain about it?

I think he admitted it.

THE COURT:

You've already explained.

I've understood you to explain.

is a different tweet.

No, this is--

[Interposing]

13
14

there a question about it?

255

Oh, wait a minute.

This

Well, I think it's all the same.

MS. McNEICE:
page document?

At least

Are we admitting this as a two-

I don't see--

MR. HARDIN:

We could take off the top page

because the first one--I think she agreed it's all stuff

she has tweeted.

THE COURT:

MS. McNEICE:

admitting, Your Honor.

MR. HARDIN:

THE COURT:

Okay.
I'm sorry, what part are we

The second page.

Well, obviously at the top of the

second page there's a tweet that says I'm always

entertained when a person brings a--something--

MR. HARDIN:

It's a drawing of a knife.

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CROSS-EXAMINATION OF P. DRISCOLL BY R. HARDIN

THE COURT:

A knife to a gunfight.

Okay.

256

plays checkers with a chess player.

It's admitted as something that this witness tweeted and

Okay, that's fine.

4
5

[Whereupon Respondent's Exhibit No. 7 was

admitted into evidence.]

THE COURT:

All right, so the Court is now

closed, just for everyone's information.

So Ms.

McNeice, I'm assuming redirect is next?

MS. McNEICE:

THE COURT:

That's correct, Your Honor.

Okay.

And is this something

that you believe you're going to need to do on another

day?

time soon, or is it something that we need to--we're

going to have to reconvene.

the building and keep the building open much after

4:30.

It's 4:30 now.

1
1

2
2
2
2

MS. McNEICE:

Are we through redirect or any

I can't keep - - out in

I think it may take me longer

than ...
THE COURT:

All right, so then I will hear

from counsel-MS. McNEICE:

[Interposing]

Than the

remaining time.
THE COURT:

--and the parties with regard to

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257

PROCEEDINGS

when they would like to reconvene this hearing.

MR. HARDIN:

THE COURT:

witness stand, so you can't discuss with anyone your

testimony between now and the time that you resume the

witness stand.

MS. DRISCOLL:

THE COURT:

MS. DRISCOLL:

MS. McNEICE:

MR. HARDIN:

Right.
I'm sorry,

and--

[Interposing]

I think I was

the morning.

THE COURT:

MR. HARDIN:

THE COURT:

Tomorrow morning?
If that would suit you, Judge.
Okay, well, I will make

arrangements for it to suit.

MS. McNEICE:

Your Honor, I have a hearing

tomorrow at 8:45.

we could start at 10:00 that would be--

And that includes your attorney.

apart, but I think they talked about first thing in

\~-~

Okay.

Ma'am, you're still on the

8:30 in the morning.

It should take about an hour, so if

THE COURT:

[Interposing]

Okay, 10:00

tomorrow then?

MR. HARDIN:

THE COURT:

That's fine with us, Judge.

All right.

Thank you all.

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PROCEEDINGS

COURT OFFICER:

THE COURT:

[END HEARING]

All rise.

And we're recessed.

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258

259
C E R T I F I C A T E

I, Aimee Rubinowitz, certify that the foregoing transcript

of proceedings in the Family Court of the State of
Delaware, County of Kent of Patricia P. Driscoll v. Kurt
T. Busch, File No. CK14-02747 was prepared using the
required transcription equipment and is a true and
accurate record of the proceedings.

Date: --------------~~~~~~~~~~~----------------December 26, 2014

Ubiqus/Nation-Wide Reporting & Convention Coverage

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260
C E R T I F I C A T E

I, Rita Dillingham, certify that the foregoing transcript

Signature:
Date:

December 26, 2014

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