Obstruction of Justice
#6
Gary Hunt, Outpost of
Freedom
October 15, 2002
Susan Mokdad is one of the convicted defendants in
the Florida Common Law Court Trial. Not that it was tried by Common Law, for,
most assuredly, it was not. Rather, it was tried in the United States District
Court, Middle District of Florida, Tampa Division.
THE COURT: All right. Please, sir, have a
seat in
the
witness stand. Mr. Watts is there to assist you. And I
will
recognize Ms. Craig for your direct examination.
DIRECT
EXAMINATION
BY MS. CRAIG:
Q.
Good morning.
A.
Good morning. ma'am.
Q.
Could you please state your occupation, Mr. Smith.
A.
I'm an attorney.
Q.
And how long have you been a practicing attorney in the
State
of Florida?
A.
17 years.
Q.
And licensed to practice in the Middle District?
A.
Yes, ma'am.
Q.
And how long have you been licensed to practice in the
Middle
District?
A.
17 years.
Q. You
represented a Susan Mokdad in a lengthy trial back
in
1997; is that correct?
A.
Yes. ma'am: 10 weeks.
Q.
The jury in that trial was what was classified as an
innominate
jury; is that correct?
A.
That's correct.
Q.
After the trial did you become aware of the name or
names
of one or more of the jurors?
A.
I became aware of the name of one juror in that case.
Q.
And would that be Juror 505?
A.
Yes, ma'am.
Q.
Was this at a time where the possible juror misconduct
had
been realized?
A.
I realized that there was the potential for juror
misconduct
on the part of that juror; yes.
Q.
And Juror 505, that is Matthew Finch; is that correct?
A.
That's the name that I learned, yes, ma'am.
* *
*
(from page 36 of the
transcript)
Q.
Did you try and contact Matthew Finch?
A. Did
I try to contact? No, I responded to a contact or
an
advance that was made by that juror.
Q.
Could you explain that to the court.
A.
I can't remember the date, but I do remember I was on
my
way to court from Pasco County where I reside --
THE COURT: Was it before or after you
ordered that
transcript?
THE WITNESS: I can't remember, Judge. I
think it
would
have been after.
But I did in fact have indirect contact
with him
when
I was on the way to court. My car broke down, the
clutch
had broken, and I had parked my car at a Blockbuster
parking
lot at Enterprise and McMullen-Booth Road. Fear of
it
being towed, I put my card, my business card, on the
dashboard,
with my cell phone number and my numbers,
whatever
they were.
I
got a ride to court. I sent my mechanic out to
work
on my car. My mechanic informed me that he was
approached
by a gentleman and said is this Ron Smith’s car?
He
says yes. And he said, well, I'm 505. I know him. I was
in
a trial with him for a long period of time. And he
mentioned
that he was working at the Blockbuster Video.
I
was told this by my mechanic. And in response to
that
advance that was made, I stopped in at Blockbuster
Video.
I left my card, probably with something written on
the
back, feel free to call me if you want to discuss
anything
or the case or -- I don't remember exactly what I
said,
but it wasn't -- it was pretty I thought innocuous:
that
if he wanted to talk to me about the case, that's
fine.
I'm not going to make any advances to him.
Q.
Did you in fact ever talk to Juror 505, Matthew Finch?
A.
No, I didn't.
MS. CRAIG: Pass the witness, Your Honor.
THE
COURT: All right. Thank you, Ms. Craig.
Q.
How did you come in contact with Mr. Smith’s business
card?
A.
He came into a Blockbuster Video Store
Q.
Did he specifically come in to ask for you?
A.
I have no idea what his nature of his business was in the
store.
Q.
Did you Talk?
A.
No, not really. No.
Q.
Did you make introductions?
A.
No.
Q.
Did you approach him or did he approach you?
A.
He came in the store and gave me his business card, at
which
time I called and -- called the judge's chambers and
said
that I had been approached by him and he gave me the
business
card and wanted to get together and talk at lunch
is
what it said on the back of the business card.
Mr. Finch, where was this store that you
worked at
at
the time you saw – Mr. Smith came with his business
card?
THE WITNESS: The store that I was in at the
time
was
at McMullen-Booth and Enterprise Road in Clearwater
THE COURT: And you say he came into the
store
while
you were working inside there?
THE WITNESS: That is correct. He came into
the
store
and handed me his business card, wanted to get
together,
have lunch, and discuss, you know, the case. And
he
wrote that on the back of the business card -- wrote a
couple
of phone numbers on the back of his business card.
And
I believe that same day, after he left, I called and
reported
to I believe your office. But I found~ it peculiar
that
he had came into the store.
THE COURT: Did he call you by name when he
came in
there?
THE WITNESS: No, sir, he did not.
THE COURT: He recognized your face?
THE WITNESS: Yes, sir, he did.
THE COURT: Do you know why he was in the
store?
THE WITNESS: No, sir, I do not. He didn't
rent
any
videos.
THE COURT: Would it refresh your memory if
I said
his
car broke down?
THE WITNESS: That might be correct.
THE COURT: Do you remember that or are you
just
trusting
me to not suggest something that is too off the
wall?
THE WITNESS: Right. That might have been
the
case.
It sounds about right, yes.
THE COURT: Did you see his car broke down?
THE WITNESS: I think I did, yes.
THE COURT: Did you go out to his car?
THE WITNESS: Not that I know of, no.
THE COURT: Did you ask him for his card?
THE WITNESS: No, sir; I did not.
THE COURT: Were you actually working in the
store,
renting
videos and whatnot, when he came in?
THE WITNESS: I was a training manager. And
I
actually
happened to be in that store training people at
that
point in time.
THE COURT: Were you in there for a whole
eight
hour
shift?
THE WITNESS: Yes, sir.
THE COURT: Was it -- you were -- so you
were not
in
that same store either, say, the day before or that next
day? Just that one day?
THE WITNESS: Yes, sir.
THE COURT: And did you tell Mr. Smith that
you
either
would or would not meet him for lunch?
THE WITNESS: No, sir, I didn't discuss
anything
with
Mr. Smith.
THE COURT: He just gave you the card,
you accepted
it,
and said hi?
THE WITNESS: Hello, how are you doing,
fine.
THE COURT: And then when you called my
office, who
did
you talk to?
THE WITNESS~ I'm not --
THE COURT: A man or a woman?
THE WITNESS: I believe it was a woman.
THE COURT: You didn't talk to me?
THE WITNESS I -- actually I believe I did
talk to
you,
but not at that point in time You had called me
back.
THE COURT: I see.
THE WITNESS: --at a later date and we
discussed
what
had happened.
THE COURT: I see. And what did I tell you?
THE WITNESS: I don't recall. You said if I
had
--
I believe you said if I had any more contact, then to
contact
you.
THE COURT: All right.
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