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ORIGINAL ·::~PARTMENT OF 

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· ._,.:_;KE r OPERATIONS 

201l JUN I I A q: Sb 

U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF: 

BRIAN WALLAESA, 

RESPONDENT 

HEARING 

BEFORE THE HONORABLE 

RONNIE A. YODER 

FAA DOCKET NO. CP10WP0010 

(CIVIL PENALTY ACTION) 

MAY 22, 2012 

10:00 A.M. 

RECEIVED 

MAY ·.3 0. 2012 

HEARING DOCKET 

800.262.8777 www.CountyCourtReporters.com 877.837.8313 
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BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 2 

1 APPEARANCES: 

2 ON BEHALF OF FEDERAL AVIATION 

3 ADMINISTRATION 

4 JOHN C. STUART,. JR. , ATTORNEY 

5 OFFICE OF THE CHIEF COUNSEL 

6 ENFORCEMENT DIVISION, AGC-300 

7 FEDERAL AVIATION ADMINISTRATION 

8 800 INDEPENDENCE AVENUE, S.W. 

9 WASHINGTON, DC 20591 

10 P: 202 267 9958 

11 F: 202 267 5106 

12 

13 ON BEHALF OF FEDERAL AVIATION 

14 ADMINISTRATION 

15 JOSEPH A. CONTE 

16 MANAGER, SPECIAL EMPHASIS ENFORCEMENT 

17 ENFORCEMENT DIVISION, AGC-300 

18 OFFICE OF THE CHIEF COUNSEL 

19 FEDERAL AVIATION ADMINISTRATION 

20 800 INDEPENDENCE AVENUE, S.W. 

21 WASHINGTON, DC 20591 

22 P: 202 267 7381 

23 

24 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 3 

1 APPEARANCES (CONTINUED) 

2 ON BEHALF OF THE RESPONDENT, BRIAN WALLAESA, 

3 BRIAN WALLAESA 

4 11272 WORTHAM CREST CIRCLE 

5 MANASSAS, VA 20109 

6 P: 570 778 1335 

7 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 4 

1 INDEX 

2 

3 WENDY MOORMAN PAGE 15, LINE 16 

4 

5 ROBERT DUMOND PAGE 68, LINE 07 

6 

7 AGENT JAMES MOLLICA PAGE 102, LINK 17 

8 

9 INSPECTOR WILLIAM DRISCOLL PAGE 122, LINE 11 

10 

11 BRIAN WALLAESA PAGE 133, LINE 21 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 5 

1 HEARING 

2 May 22, 2012 

3 THE COURT: This is the time and place 

4 for a Hearing in Brian Wallaesa, FAA Docket No. 

5 CP10WP0010, and, we will take your appearances at this 

6 time for the Complainant. 

7 MR. STUART: For the Complainant, John 

8 Stuart. 

9 MR. CONTE: And Joseph A. Conte. 

10 THE COURT: Okay, and for the Respondent? 

11 MR. WALLAESA: Respondent is here, Brian 

12 Wallaesa, and representing himself. 

13 THE COURT: Okay. Thank you. In the 

14 absence of objection, I will determine the five-day 

15 transcript is necessary and required for the proper 

16 conduct of the Hearing. Mr. Stuart, will you be 

17 presenting this case, or who is ... ? 

18 MR. STUART: Yes, Judge. 

19 THE COURT: Okay, so, do you want to make 

20 an Opening Statement, or do you want to? 

21 MR. STUART: Yes, sir. I would like to 

22 make a brief Opening Statement. 

23 THE COURT: Okay, proceed. 

24 MR. STUART: And Your Honor, before I 

25 make that Opening Statement, a couple of preliminary 

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BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 6 

1 matters. 

2 THE COURT: Okay. 

3 MR. STUART: I spoke with Mr. Wallaesa 

4 before the ... we began, and he has agreed to Stipulate 

5 to Paragraph 2 of the Complaint which states that, "On 

6 the above occasion, Southwest Airlines Flight 3049 was 

7 operating under Part 121 of the Federal Aviation 

8 Regulations." 

9 THE COURT: Okay, all right. That is 

10 fine. 

11 MR. STUART: Mr. Wallaesa also stipulated 

12 

13 THE COURT: Is that true, Mr. Wallaesa 

14 

15 MR. WALLAESA: Yes, I believe we 

16 THE COURT: ... you stipulate to that, 

17 okay. 

18 MR. WALLAESA: ... I believe we agreed to 

19 that previously. 

20 THE COURT: You will have to use your 

21 mike. I can't hear you. 

22 MR. WALLAESA: Okay, I believe we agreed 

23 to that previously in a conference call. 

24 THE COURT: Okay, hold your mike closer 

25 to you. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 7 

1 MR. WALLAESA: 0 kay. 

2 THE COURT: Yes, go ahead, Mr. Stuart. 

3 MR. STUART: Your Honor, the second 

4 matter ... We will be calling FAA Inspector, William 

5 Driscoll to testify. 

6 THE COURT: Yes. 

7 MR. STUART: In part, he will testify as 

8 to the foundation of Jaime Tomchik's video deposition. 

9 Mr. Wallaesa has stipulated that FAA Inspector Driscoll 

10 was present, and that he spoke with Ms. Tomchik, and 

11 that he spoke with Mr. Wallaesa. So, we would ask to 

12 ... that ... to go ahead and be able to admit the 

13 transcript and the deposition recording into evidence 

14 without the foundational testimony. 

15 THE COURT: Well, do you have whatever 

16 trans ... whatever stipulation you have, you have 

17 stated what it is, and we will see what that does with 

18 respect to the identification and/or omission that 

19 proffered. Mr. Wallaesa, you agree to that 

20 stipulation? 

21 MR. WALLAESA: For the ... Mr. Driscoll. 

22 THE COURT: You have to speak out loud, 

23 Mr. Wallaesa, I can't hear you. 

24 MR. WALLAESA: Yes, yes, yes, I agree. I 

25 apologize, the mike was actually turned off previously. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 8 

1 THE COURT: Okay, thank you. All right. 

2 Anything further? 

3 MR. STUART: No, Your Honor. 

4 THE COURT: Okay, well make an Opening 

5 Statement. 

6 MR. STUART: Yes, Your Honor, as you are 

7 aware, the Complainant has alleged three violations in 

8 this case 14 CFR Section 121.317(f), Section 

9 121.317(k), and Section 121.580. Respectively, these 

10 violations concern failure to fasten the seatbelt when 

11 the seatbelt sign is on; failure to comply with crew 

12 member instructions; and interference with a crew 

13 member in the performance of the crew members duties. 

14 Today, the Complainant will present 

15 you will hear evidence from four witnesses, and we will 

16 offer into evidence the Deposition of Ms. Jaime 

17 Tomchik. Ms. Tomchik is expected to give context to 

18 the events on November 6, 2009. She is expected to 

19 testify as to comments made to her by Mr. Wallaesa. 

20 Next, Your Honor ... 

21 THE COURT: I am confused. She is not 

22 going to be here, so there is not a question of 

23 expecting what she is going to say. 

24 MR. STUART: That is correct, Your Honor. 

25 She ... she will testify to these things. She will 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 9 

1 also testify as to the reason that she is unavailable 

2 today. 

3 THE COURT: Yes. 

4 MR. STUART: Next, the Complainant will 

5 present Ms. Wendy Moorman, she was a Flight Attendant 

6 on board Southwest Airlines. She first came into 

7 contact with Ms. Tomchik. She spoke with Brian on 

8 several occasions. Next, Your Honor, we will hear from 

9 Flight Attendant Robert Dumond, who also spoke with Mr. 

10 Wallaesa. You will hear testimony from both of these 

11 witnesses. We will expect that they will testify as to 

12 instructions given to Mr. Wallaesa to sit down when the 

13 seatbelt sign was on ... among other things, such as 

14 interference with their duties. Finally, we will hear 

15 from FBI Agent Mollica, who finally towards the end of 

16 the flight, was asked to intercede in the interactions 

17 between the flight attendants and the Respondent. 

18 THE COURT: Okay. 

19 MR. STUART: And at the close of the 

20 Hearing, the Complainant respectfully requests that 

21 Your Honor affirm the Factual and the Legal allegations 

22 in the Complaint. 

23 THE COURT: You don't propose to present 

24 a witness to address the subject of penalty level? 

25 MR. STUART: Your Honor, I would address 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 10 

1 that in the Closing Argument. 

2 THE COURT: Okay, all right. Mr. 

3 Wallaesa, do you want to make an Opening Statement? 

4 MR. WALLAESA: I would like to if the 

5 Judge would allow. 

6 THE COURT: Okay. 

7 MR. WALLAESA: Mr. Wallaesa, I am 

8 representing myself ... I will refer as Mr. Wallaesa. 

9 THE COURT: Yes, we know. 

10 MR. WALLAESA: I apologize. I, Mr. 

11 Wallaesa had attended ... 

12 THE COURT: You are going to ... why 

13 don't you sit down and speak into the mike. 

14 MR. WALLAESA: Yes, sir. Mr. Wallaesa 

15 was a passenger on Flight 3049 on November 6, 2009. 

16 Mr. Wallaesa was up the previous night, was on 

17 prescription medication for anxiety and panic 

18 attended ... was on the flight, was served a 

19 complimentary alcoholic beverage by Southwest Airlines, 

20 which he did not pay for or ask for. 

21 During the flight, Mr. Wallaesa met a 

22 person on the flight where he connected with a general 

23 genial conversation ... began conversation with that 

24 person. In the interactions between the two of them, 

25 it was broken at some point in time, and Mr. Wallaesa 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 11 

1 sought the help of the flight crew at that time. 

2 And just as if Mr. Wallaesa was 

3 physically manifesting a physical illness such, 

4 as flu, or even heart attack, the flight crew was 

5 responsible for Mr. Wallaesa in performing their 

6 duties, even though it was not necessarily a physical 

7 but a mental manifestation of an illness. Mr. Wallaesa 

8 only was seeking help from the flight crew and had no 

9 intention to interfere with their duties, had never 

10 threatened anyone on the flight at that time, and Mr. 

11 Wallaesa expects through the testimony of the flight 

12 crew that he had never physically threatened, raised a 

13 fist, raised his voice to the flight crew at any point 

14 in time. 

15 It also is Mr. Wallaesa's contention 

16 that when initially charged, Mr. Wallaesa was only 

17 charged with Section 121.580 Threatening, 

18 Intimidating or Interfering with the Crew Member in the 

19 performance of the Crew Members duties. This 

20 information was only ... Section 121.317(f) and Section 

21 121.317(k) were only added after Mr. Wallaesa had 

22 requested a formal meeting with the FAA, and in both 

23 ... and, prior to that, the level of penalty was listed 

24 as $5,000, and it was implied that the penalty would be 

25 higher ... a penalty for each violation was $11,000 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 12 

1 initially with a proposed $5,500. It was implied once 

2 the other three sections were added that the penalty 

3 would be of a higher value. Through the testimony, Mr. 

4 Wallaesa believes that you will see that he had never 

5 meant any intention to interfere, harm or interact with 

6 the crew in any other way than seeking help. 

7 THE COURT: Okay, thank you, Mr. 

8 Wallaesa. Mr. Stuart, do you want to call your first 

9 witness? 

10 MR. STUART: Yes, Your Honor, but before 

11 I do that ... 

12 THE COURT: Yes. 

13 MR. STUART: a simple request, would 

14 you like for the witnesses to remain outside the Court 

15 Room? 

16 THE COURT: You want them to? 

17 MR. STUART: Well, I am asking, would you 

18 prefer to have them outside the Court Room? 

19 THE COURT: Not unless someone requests 

20 it. 

21 MR. STUART: Your Honor, given the 

22 stipulations regarding Agent ... excuse me, Inspector 

23 Driscoll, I have marked Exhibit ... Complainant 

24 Exhibi t-C3 and C2. 

25 THE COURT: Do you want to hand those to 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 13 

1 the Reporter and let him mark them for identification. 

2 (WHEREUPON, Complainant Exhibit-C2 and Complainant 

3 Exhibit-C3 were marked for identification.) 

4 MR. STUART: And Mr. Wallaesa. 

5 MR. WALLAESA: Yes, I have those. 

6 MR. STUART: May I approach, Your Honor. 

7 THE COURT: Yes, you may. 

8 MR. STUART: Your Honor, I believe we 

9 have two copies, would you like one? 

10 THE COURT: You need to present a copy to 

11 me at the time of the Hearing, which you just did. 

12 Okay, I am looking at the document in my hands, and I 

13 am not seeing that it has been marked anything. So, do 

14 you want to have that marked? Is that marked? This is 

15 marked ... oh, down at the bottom, got it. Thank you. 

16 All right. C2, C3 marked for identification. 

17 (WHEREUPON, Complainant Exhibit-C2 and Complainant 

18 Exhibit-C3 were marked for identification.) 

19 MR. STUART: Sure, and C2 is the 

20 transcripts of the video deposition of Jaime Tomchik 

21 taken by Counsel for Complainant on April 30, 2012. 

22 Complainant Exhibit-C3 is the video deposition of Jaime 

23 Tomchik. 

24 THE COURT: All right. 

25 MR. STUART: And given the stipulations 

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BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 14 

1 ... the foundational stipulations, Complainant would 

2 request to play that now for the Court. 

3 THE COURT: Well, I really don't see that 

4 that is necessary. I mean we are going to have both of 

5 these in the record. I have actually seen them. You 

6 have delivered them to us before hand. It is not going 

7 to be the subject of cross examination. It is not 

8 going to be a subject of objection to individual parts 

9 of it. Playing it seems to me unnecessary. We have it 

10 marked for identification. We will defer the question 

11 of admission until the close of your presentation. 

12 MR. STUART: Thank you, Judge. 

13 Complainant now calls ... 

14 THE COURT: Now, do I understand that the 

15 C1 is no longer going to be submitted or necessary, or 

16 you are submitting as stipulated as correct? 

17 MR. STUART: Your Honor, we will admit 

18 ... offer it for admission as Stipulated as Correct. 

19 THE COURT: Well, you need to mark it for 

20 identification. C1 marked for identification.) 

21 (WHEREUPON, Complainant's Exhibit-C1 was marked for 

22 identification.) 

23 MR. STUART: And Complainant moves to 

24 have C1 admitted into evidence. 

25 THE COURT: I will admit it. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 15 

1 MR. STUART: Next, Your Honor ... 

2 THE COURT: In big cases, we find that it 

3 is better for everybody if we wait until the end to 

4 admit things, because then we are sure we have got 

5 everything. If we start admitting things piece meal, 

6 at the end you then have to go back through the record 

7 and make sure everything has been admitted. That is 

8 not in anybody's interest. That is why I said we would 

9 determine admissibility and admission when the case is 

10 finished. But, you have already asked to admit C1, so 

11 we will admit C1. 

12 MR. STUART: Thank you, Judge. 

13 Complainant now calls Wendy Moorman. 

14 THE COURT: Okay. 

15 (WHEREUPON, an off the record discussion was held.) 

16 THE COURT: Raise your right hand and 

17 stand. Do you solemnly swear the testimony you are 

18 about to give will be the truth, the whole truth, and 

19 nothing but the truth, so help you God? 

20 THE WITNESS: Yes, sir. 

21 THE COURT: Thank you. Please be seated. 

22 (WHEREUPON, WENDY MOORMAN having been duly sworn, was 

23 examined and testified as follows:) 

2 4 DIRECT EXAMINATION 

25 BY MR. STUART: 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 16 

1 Q. Good morning, Ms. Moorman. 

2 A. Good morning. 

3 Q. Would you state your name for the record. 

4 A. Wendy Moorman. 

5 THE COURT: You are going to have to 

6 speak into the mike, is that on? 

7 A. Wendy Moorman. 

8 THE COURT: That is better. 

9 Q. Are you employed, Ms. Moorman? 

10 A. Yes, I am. 

11 Q. What do you do for work? 

12 A. I work with Southwest Airlines as a Flight 

13 Attendant. 

14 Q. And, how long have you worked there? 

15 A. Eight years in June. 

16 Q. Do you recall where you were on November 6, 

17 2009? 

18 A. I was working on a flight from Baltimore to 

19 Las Vegas. 

20 Q. Was that Flight 3049? 

21 A. I am sorry? 

22 Q. Was that Flight 3049? 

23 A. Yes. 

24 Q. Do you recall what position you were working? 

25 A. I was flying in the "A" position. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 17 

1 Q. And where is "A" position located on the 

2 airplane? 

3 A. In the front of the aircraft. 

4 Q. Who was working is there a "B" position? 

5 A. Yes. 

6 Q. Who was working "B" position? 

7 A. Penny Hendricks. 

8 Q. And, was there a "C" position? 

9 A. Yes. 

10 Q. Who was working that position? 

11 A. Robert Dumond. 

12 Q. What aircraft were you on? 

13. A. 737 700 Series Aircraft. 

14 Q. Do you know how many seats that has? 

15 A. 137. 

16 Q. Ms. Moorman, do you recognize anyone on this 

17 flight? 

18 A. Yes. 

19 Q. Would you point to that person, please. 

20 A. Mr. Wallaesa. 

21 Q. Let the record show that Ms. Moorman has just 

22 identified Mr. Wallaesa as present on Flight 3049 on 

23 November 6, 2009. Ms. Moorman, I would like to turn 

24 your attention to that flight. Was that a routine 

25 flight or was it a non-routine flight? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 18 

1 A. It was non-routine. 

2 Q. Why would you say that? 

3 A. I was called to Row Number 2, a young lady 

4 had rang her place and call button and called me to her 

5 row, and wanted to speak with me about ... she had 

6 changed her seat, and I asked her why. She said that 

7 she was being harassed by a male passenger in Row 3. 

8 Q. Okay, do you remember that passenger's name? 

9 A. The young lady or the gentleman? 

10 Q. The young lady. 

11 A. Jaime Tomchik. 

12 Q. Okay, and she called you to Row 3? 

13 A. She called me to Row 2, she was in Row 2 at 

14 that point. 

15 Q. Okay, what happened then? 

16 A. We had a brief discussion. I asked her what 

17 had transpired, why she would change seats. She 

18 proceeded to tell me that she was feeling very 

19 uncomfortable and harassed by a male passenger in Row 

20 3. She had asked him to ... that she didn't want to 

21 talk to him any more, and asked him to leave her alone 

22 at some point ... and, that she felt that he was not 

23 doing that, so she asked somebody else to change seats 

24 so she could get away from this gentleman. 

25 Q. And what row was she originally in? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 19 

1 A. Three. 

2 Q. Okay, what did you do, if anything, in 

3 response to her telling you that? 

4 A. I listened to what she had to say, and told 

5 her that we would talk to him, and asked her to write 

6 some information down ... her name, address, phone 

7 number, what had transpired in the conversation that 

8 they were having, what had made her uncomfortable. So 

9 that we would have that in case anything transpired 

10 from what was happening at that point. 

11 Q. What did she write that information on? 

12 A. I had a small tablet. She wrote it on my 

13 tablet. 

14 Q. Okay, after she wrote down that information, 

15 what did you do, if anything? 

16 A. I am sorry? 

17 Q. After you wrote down that information ... 

18 excuse me, after you gave her the pad and she wrbte 

19 down the information, what did you do? 

20 A. I went to the back of the aircraft and had a 

21 conversation with my other two flight attendants. I 

22 told them what Ms. Tomchik had told me, and we had kind 

23 of made a group decision to ask Mr. Wallaesa to come to 

24 the back of the plane. Although, I didn't know he was 

25 Mr. Wallaesa at the time, but I ... when we decided 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 20 

1 that we would talk to him just to get his side of the 

2 story, just to make sure we had both sides. 

3 Q. And where was Mr. Wallaesa seated at that 

4 time? 

5 A. He was in Row 3. 

6 Q. What side? 

7 THE COURT: Mr. Stuart, excuse me just a 

8 minute. Do you have that note? 

9 MR. STUART: I do not, Judge. 

10 MR. WALLAESA: I actually have a copy. 

11 THE COURT: Mr. Wallaesa, you have the 

12 note? 

13 MR. WALLAESA: I do have a copy of that 

14 note. 

15 THE COURT: Well, can you tell me how you 

16 obtained it, Mr. Wallaesa? 

17 MR. WALLAESA: Through Free State 

18 Reporting. 

19 THE COURT: I am sorry? 

20 MR. WALLAESA: Through my lawyer in Las 

21 Vegas, actually. 

22 THE COURT: How did he obtain it? 

23 MR. WALLAESA: Through Free State Court 

24 Reporting. 

25 THE COURT: I don't know what that means. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 21 

1 MR. WALLAESA: Through the Court 

2 Reporter. 

3 THE COURT: At the, what, the Grand Jury? 

4 MR. WALLAESA: At the Grand Jury hearing. 

5 THE COURT: And you did not provide that 

6 to Mr. Stuart, then? 

7 MR. WALLAESA: I don't believe I did. I 

8 thought I had provided everything I had. You had asked 

9 

10 THE COURT: You have a copy of it here 

11 with you? 

12 MR. WALLAESA: I do have a copy of it 

13 here with me. 

14 THE COURT: Would you let us have that, 

15 please. 

16 MR. WALLAESA: I am going to have to find 

17 it, but I do have it. 

18 (WHEREUPON, the RESPONDENT retrieves a document.) 

19 THE COURT: Mr. Stuart, did you s·ee this 

20 note at the Tomchik deposition? 

21 MR. STUART: No, sir I didn't. 

22 THE COURT: Well, it was shown to Ms. 

23 Tomchik, do you mean it was shown to her without your 

24 seeing it? 

25 MR. STUART: I looked at it as he gave it 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 22 

1 to her. 

2 MR. WALLAESA: I did present it. I 

3 intentionally presented it to ask 

4 THE COURT: Now you are going to have to 

5 sit down and use the microphone, or we aren't going to 

6 be able to tell what you are saying. 

7 MR. WALLAESA: I apologize. I did 

8 present it ... 

9 THE COURT: There is no point in talking 

10 without talking into the microphone. 

11 MR. WALLAESA: I did present it to the 

12 Complainant as to show him. 

13 THE COURT: Yes, I saw the deposition, 

14 that is why I am curious as to why Counsel for 

15 Complainant does not have a copy of that document. 

16 MR. WALLAESA: In the previous conference 

17 calls, you did ask me to request that of my previous 

18 lawyer, and I did and I have not received any 

19 information back from any of the 

20 THE COURT: Well, you are talking about 

21 the Grand Jury transcripts. 

22 MR. WALLAESA: Everything. 

23 THE COURT: And you got one of them, but 

24 you didn't get the rest. 

25 MR. WALLAESA: Right. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 23 

1 THE COURT: This, you got from somebody? 

2 MR. WALLAESA: From the lawyer in Las 

3 Vegas. 

4 THE COURT: When did you get that? 

5 MR. WALLAESA: Sometime in November or 

6 December of 

7 THE COURT: Okay, so a good while ago? 

8 MR. WALLAESA: Yes. 

9 THE COURT: Could we have that marked, 

10 please? Do you want to make that a Complainant's 

11 Exhibit, or do you want to make it a Respondent's 

12 Exhibit? Do you want to offer that Mr. Wallaesa, or do 

13 you? 

14 MR. WALLAESA: I will offer it. 

15 THE COURT: Okay, then we will make it 

16 Respondent's Exhibit-1, hand that to the Court 

17 Reporter, please. No, you don't mark on it, Mr. 

18 Wallaesa. Hand it to the Court Reporter, please. 

19 MR. WALLAESA: Mark that Respondent's 

20 Exhibit-1, and we will get copies made. 

21 THE COURT: We will need the document in 

22 order to make copies, Mr. Wallaesa. 

23 MR. WALLAESA: I'm sorry. 

24 THE COURT: Thank you, okay. 

25 (WHEREUPON, RESPONDENT'S EXHIBIT-R1 was marked for 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 24 

1 identification.) 

2 THE COURT: Hopefully, he will return 

3 before we finish with this witness, otherwise, we may 

4 have to recall the witness. Again, I am still 

5 surprised the Complainant given the Tomchik deposition, 

6 did not have a copy of this document but, any way, you 

7 proceed with your Examination. 

8 CONTINUED DIRECT EXAMINATION 

9 BY MR. STUART: 

10 Q. Ms. Moorman, I had asked you about the 

11 where the parties were seated on the aircraft. 

12 A. Yes. 

13 Q. When you first spoke with Ms. Tomchik, where 

14 was she seated? 

15 A. She was in Row 2. 

16 Q. What seat? 

17 A. Seat "E." 

18 Q. Where would that be? Is that the middle 

19 seat, aisle seat, window seat? 

20 A. It was the middle seat. It is the middle 

21 seat, you have three seats. 

22 Q. Is it on the Captain's side, or the First 

23 Officer's side? 

24 A. The First Officer's side. 

25 Q. And where was Mr. Wallaesa seated at that 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 25 

1 time? 

2 A. He was sitting in Row 3, Captain's side. I 

3 believe I recall he was in the middle seat in Row 3 as 

4 well. 

5 THE COURT: Captain's side is the right 

6 or left side as you face the seats? 

7 A. Oh, as you face the seats, facing seats it 

8 would be on the right side. 

9 THE COURT: Right side, thank you. 

10 Q. So, as you face the tail of the airplane, it 

11 is on the right side? 

12 A.' Yes. 

13 Q. Okay. When you first spoke with Ms. Tomchik 

14 did she tell you why she was uncomfortable? 

15 A. Well, she was uncomfortable because he was 

16 saying inappropriate things to her. She felt they were 

17 inappropriate and that he was touching her, touching 

18 her hair. She asked him several times to stop doing 

19 that, and she said he did not comply with her. She 

20 felt uncomfortable and felt threatened, and she did not 

21 want to sit next to him any more. She wanted ... she 

2 2 needed to move. 

23 Q. Did she elaborate on what he said to her? 

24 A. Yes, but I have to be honest, it has been 

25 you know, almost three years, I can't remember exactly 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 26 

1 what she told me, that is why I asked her to write this 

2 what happened down, so I would have that. 

3 Q. Okay, so you stated that after she wrote down 

4 her comments on your pad of paper, that you went to the 

5 back of the plane, correct? 

6 A. Correct. 

7 THE COURT: Let me ... when she wrote 

8 this note, what did you do with it? 

9 THE WITNESS: What did I do with it? 

10 THE COURT: Yes, ma'am? 

11 THE WITNESS: I put it back in my bag. 

12 THE COURT: Okay, and how did it ... did 

13 it get supplied to someone by you? 

14 THE WITNESS: Yes, it did. 

15 THE COURT: To whom did you supply it? 

16 THE WITNESS: To the officers that met 

17 the aircraft. 

18 THE COURT: Okay, the police officer? 

19 THE WITNESS: Actually, it was the FBI. 

20 THE COURT: Yes, okay ... 

21 THE WITNESS: They met us at the airport. 

22 THE COURT: FBI officer met the 

23 airplane, you gave it to him? 

24 THE WITNESS: Yes. 

25 THE COURT: And, you didn't have another 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 27 

1 copy then after you gave it to him? 

2 THE WITNESS: No, it was on a small 

3 tablet, sir. 

4 THE COURT: Okay, and you didn't get a 

5 copy back? 

6 THE WITNESS: No, I did not. 

7 THE COURT: Okay, thank you very much. 

8 Go ahead Mr. Stuart. 

9 CONTINUED DIRECT EXAMINATION 

10 BY MR. STUART: 

11 Q. Ms. Moorman, when you were in the back of the 

12 airplane, as you stated with the flight attendants, 

13 what was the gist of that conversation? 

14 A. That I had with the flight attendants? 

15 Q. Yes? 

16 A. I repeated some of the things that Ms. 

17 Tomchik had told me that she said that she felt 

18 uncomfortable that the things that he was saying to her 

19 ... uncomfortable enough that she felt like she had to 

20 move to another seat, and the conversation that Penny 

21 and Rob and I had was that we felt that we should talk 

22 to Mr. Wallaesa to see what he had to say about it, and 

23 make sure that we kind of had both sides of the story. 

24 Q. And when you say, "Rob," do you mean Rob 

25 Dumond? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 28 

1 A. I am sorry, yes, that is Rob Dumond, I am 

2 sorry. 

3 THE COURT: And "Penny" is Penny 

4 Hendricks. 

5 THE WITNESS: Penny Hendricks. 

6 THE COURT: Thank you. Go ahead. 

7 Q. So, what did you and Mr. Dumond decide? 

8 A. Decided that we would talk to him ... all of 

9 us would talk to him together. 

10 Q. And so what did you do next? 

11 A. I proceeded to the front of the aircraft to 

12 Row 3, asked Mr. Wallaesa if he could come to the back 

13 of the aircraft with me for a few moments that we would 

14 like to talk to him, and, he complied and came to the 

15 back, and we then proceeded to the back of the 

16 aircraft. 

17 Q. Once you were in the back of the aircraft, 

18 what happened? 

19 A. I believe I started speaking with him and 

20 just told him a little bit, and asked him ... told him 

21 a little bit about what Ms. Tomchik had said to me, and 

22 asked him how he felt about that, and what ... you 

23 know, what he thought was going on, and you know, he 

24 said that they were having a conversation. He did not 

25 think that he was being inappropriate with her at that 

---------------
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 29 

1 time, and, he didn't think that there was anything 

2 wrong with what he was saying. Again, I told him that 

3 she was feeling uncomfortable with his actions and with 

4 his what he was saying to her, and asked that he 

5 not bother her any more. 

6 Q. Did you tell him anything else? 

7 A. I am sorry, say that again? 

8 Q. Did he tell you anything else? 

9 A. He told me "he loved her, and that she was 

10 the one for him, and he said he loved her several 

11 times, and that she was the one," and there was 

12 probably some other things, I can't remember 

13 everything. Those are the two things that actually 

14 stuck out in my mind, because I believe I asked him if 

15 he knew her because, Ms. Tomchik had told me that she 

16 did not know him that she had just met him on the 

17 aircraft in that last hour or so. 

18 Q. Okay, so Mr. Wallaesa did not deny your 

19 telling him that she felt uncomfortable? 

20 A. Correct. 

21 Q. What did you do after that? 

22 THE COURT: I don't know what that 

23 question and answer meant. "He did not deny that she 

24 felt uncomfortable?" Was that the question? 

25 MR. STUART: Yes, she ... 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 30 

1 THE COURT: That was the question? I 

2 just want to make sure that I got the question right. 

3 MR. STUART: I can't remember my exact 

4 words, but that sounds close. 

5 THE COURT: Okay, well it is in the 

6 record, but I have no idea what it means. 

7 MR. WALLAESA: Can I ask for 

8 clarification? 

9 THE COURT: No, what do you want, Mr. 

10 Wallaesa? What is the issue? 

11 MR. WALLAESA: I have a problem with that 

12 question. 

13 THE COURT: Well, so did I, and you have 

14 already taken care of that. Yes, go ahead, Mr. Stuart. 

15 CONTINUED DIRECT EXAMINATION 

16 BY MR. STUART: 

17 Q. Ms. Moorman, did Mr. Wallaesa ... 

18 THE COURT: Hold on, please. I am 

19 distributing Respondent's R1. 

20 (WHEREUPON, Respondent's Exhibit-R1 was distributed.) 

21 THE COURT: Okay, before you go further, 

22 Mr. Stuart, Ms. Moorman, would you take a look at what 

23 has been presented to you marked for identification as 

2 4 R1 . Do you have that document? 

25 THE WITNESS: Yes, yes. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 31 

1 THE COURT: Can you tell me whether that 

2 is the document that you received from Ms. Tomchik that 

3 you referred to previously? 

4 THE WITNESS: Yes, Your Honor. 

5 THE COURT: You recognize that as being 

6 the document? 

7 THE WITNESS: Yes. 

8 THE COURT: Okay, thank you. All right, 

9 Mr. Stuart. 

10 Q. Ms. Moorman, did Mr. Wallaesa deny any of Ms. 

11 Tomchik's allegations that she told you on the flight 

12 before you spoke with Mr. Wallaesa? Do you understand? 

13 A. I am not really quite sure how to answer 

14 that. Did he deny? 

15 Q. Yes, when you were in the back of the plane 

16 with him, did he deny any of the things that Ms. 

17 Tomchik told you 

18 THE COURT: I am sorry, have we gotten 

19 him to the back of the plane? 

20 MR. STUART: Yes, Judge. 

21 THE COURT: You asked her if she ... you 

22 asked her about his going to the back of the plane? 

23 MR. STUART: Yes, Judge. 

24 THE COURT: Okay. So, he is in the back 

25 of the plane now? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 32 

1 MR. STUART: Correct. 

2 THE COURT: Okay, go ahead. 

3 A. When he and I were talking, and I told him 

4 some of the things that Ms. Tomchik had told me, I was 

5 stating to him what she said. He did not deny having a 

6 conversation with her 

7 Q. Okay, after that conversation took place, 

8 what happened? 

9 A. I told him that he had to be ... that he 

10 needed to go back to his seat. 

11 Q. Uh-huh (indicating affirmatively) 

12 A. And that she ... to make sure to stay sea ted, 

13 and to not talk with Ms. Tomchik again. 

14 Q. Did Mr. Wallaesa go back to his seat? 

15 A. Yes, he did. 

16 Q. Which seat? 

17 A. 3 . .. Number 3B. 

18 Q. So, he went back to the same seat that he was 

19 originally in? 

20 A. Correct. 

21 Q. And, what did you do? 

22 A. What did I do? 

23 Q. What did you do at that point? 

24 A. I went back up to the front galley and was 

25 preparing for a drink service. 

COURT: faePORTING 

Vidt'ogr.apny ~tlgation T:Ecttf'lo•ogy m 

-------------------------------------
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 33 

1 Q. And, what is the next thing you remember? 

2 THE COURT: Excuse me, how far into the 

3 flight were we at this point? 

4 THE WITNESS: Your Honor, I can't exactly 

5 remember. 

6 THE COURT: Okay. 

7 THE WITNESS: I believe it was in the 

8 first hour of the flight. 

9 THE COURT: Okay. 

10 THE WITNESS: If my recollection is good, 

11 it has been almost three years, I am trying to 

12 remember. 

13 THE COURT: Do you know whether the 

14 "Fasten Seatbelt" sign was on? 

15 THE WITNESS: At that point, I can't tell 

16 you one way or the other. 

17 THE COURT: Thank you, go ahead. 

18 Q. Once you went to the front, after Mr. 

19 Wallaesa sat back down in Row 3, what did you do? 

20 A. I went to back to the front galley. I was 

21 working in the front galley. 

22 Q. And, what is the next thing you remember? 

23 A. Several minutes had passed, I kind of turned 

24 around ... was going back out into the cabin, and Mr. 

25 Wallaesa at that time was up out of his seat, at Row 2 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 34 

1 at this point leaning over trying to talk to Ms. 

2 Tomchik in Row 2. 

3 Q. Now, when you had him in the back of the 

4 plane, did you tell him not to talk to her? 

5 A. Yes, he asked me in the back of the plane, 

6 would I ask Ms. Tomchik ... could he talk to her one 

7 more time. At that point, I said, "no, I wasn't going 

8 to do that." But, he asked again ... he was upset. He 

9 was tearful. He was upset because ... I didn't know 

10 why he was upset at the time, and I asked him at that 

11 time why he was getting so upset, and he said, "because 

12 I was not going to allow him to talk to her again." 

13 And, in that conversation, he asked me would I ask her 

14 could he talk to her one more time. I told him that if 

15 he would sit in his seat, I would ask her. 

16 Q. And did you ask her? 

17 A. Yes, I did. 

18 Q. And what did she say? 

19 A. She said, "absolutely not. " 

20 Q. So, she said . .. 

21 THE COURT: I am sorry, you said, "If he 

22 would sit in his seat, you would ask her." 

23 THE WITNESS: If he would sit in his 

24 seat, I would ask her. 

25 THE COURT: Did he? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 35 

1 THE WITNESS: Yes, he sat in his seat. 

2 THE COURT: Okay, and then you asked her? 

3 THE WITNESS: And, then I asked her. 

4 THE COURT: Thank you, go ahead, Mr. 

5 Stuart. 

6 A. And, she said, "absolutely not" at that time. 

7 Q. Okay, so after that ... at that point, you 

8 went to the front galley. 

9 A. I turned around and looked at Mr. Wallaesa at 

10 that time, I said, "She does not want to talk to you." 

11 Q. Okay . .. 

12 A. "Do you understand?" 

13 Q. And, what did he say, if anything? 

14 A. He didn't say anything. 

15 Q. No response? 

16 A. No response. 

17 Q. And, what did you do? 

18 A. I went back to the front galley. Again, 

19 working in the front galley, cleaning up, doing icing 

20 the cups, pouring drinks. A few minutes later, when I 

21 came back out to walk back out into the front of the 

22 cabin, he was out of his seat in the aisle leaning 

23 over, and the lady that was in the aisle was an older 

24 lady ... he was kind of leaning over her talking to Ms. 

25 Tomchik. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 36 

1 Q. How much time passed between you telling Mr. 

2 Wallaesa not to talk to Ms. Tomchik, and then you 

3 noticing that he was in the aisle trying to talk to 

4 her? 

5 A. Five or ten minutes, maybe. 

6 Q. Okay, what did you do in response, if 

7 anything? 

8 A. When I came out and I saw that he was talking 

9 to her again, I approached Mr. Wallaesa ... we were at 

10 Row 2, so it is just a couple of steps up to Row 2. I 

11 put my hand on his elbow and I told him that ... I 

12 said, "You need to come to the back of the aircraft 

13 with me now." And he said, "I don't want to do that." 

14 And I said ... I actually called him "Brian", because I 

15 knew his name at that point. I said, "Brian, you need 

16 to come to the back of the aircraft with me now." I 

17 asked him twice to do that, and at that point he did 

18 ... he came to the back of the aircraft with us ... 

19 with me. 

20 Q. So, you say you asked him twice. You asked 

21 him one time, did he comply? 

22 A. No. 

23 Q. What did he say? 

24 A. He said, "no, I don't want to." 

25 Q. And you asked him again? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 37 

1 A. Yes. 

2 Q. And what did he do? 

3 A. And, at that point he came ... he walked to 

4 the back with me. 

5 Q. Just to clarify, this time Ms. Tomchik is 

6 still seated in Row 2? 

7 A. I am sorry? 

8 Q. To clarify, Ms. Tomchik is still seated in 

9 Row 2? 

10 A. Yes. 

11 Q. At this time? 

12 A. Yes. 

13 Q. On the Captain's Side? 

14 A. First Officer's side. 

15 Q. So, excuse me, the First Officer's side, or 

16 the left side of the plane as you are facing the tail? 

17 A. Yes ... no, wait ... as we are facing the 

18 tail? 

19 Q. Yes? 

20 A. Facing the tail, left hand side, yes, I am 

21 sorry. 

22 Q. So, you took Mr. Wallaesa to the back. 

23 A. Yes. 

24 Q. For the second time? 

25 A. Yes. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 38 

1 Q. Okay, what happened once you were in the 

2 back? 

3 A. We then had another conversation about him 

4 staying in his seat and leaving Ms. Tomchik alone. 

5 Q. Who was in the back at that time? 

6 A. Rob Dumond, Penny and myself, again were all 

7 back there. 

8 Q. Okay, can you describe that conversation? 

9 A. It was pretty much the same thing ... Mr. 

10 Wallaesa I was calling him Brian. "Brian, you need 

11 to stay in your seat. She doesn't want to talk to you. 

12 You need to leave her alone. I am asking you to stay 

13 in your seat. You need to stay in your seat. She 

14 doesn't want to talk to you." He I cannot remember 

15 I can't recall everything that he said. I don't 

16 remember what I said to him, because he was not 

17 complying with what we were asking him to do. She was 

18 uncomfortable, she didn't want to talk to him. She 

19 stated that to me and to Robert, and we were trying to 

20 keep him away from her at that point. 

21 Q. Can you describe Mr. Wallaesa's demeanor at 

22 that time? 

23 A. He was agitated, angry. 

24 Q. Can you elaborate on agitated and angry? 

25 A. His his face was very flushed, red. His 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 39 

1 eyes were tearing. Wide-eyed, not ... not his regular 

2 demeanor, or not a regular demeanor to me. 

3 Q. By "regular" ... 

4 A. He was agitated. He was, you know, upset. 

5 Q. At that point, did Mr. Wallaesa go back to 

6 his seat in the front? 

7 A. No, he did not. 

8 Q. What happened? 

9 A. We made the decision ... Robert and I made 

10 the decision to re-seat Mr. Wallaesa at that point. I 

11 went out to Row 18, I believe, and asked the passenger 

12 in Row 18 if they would be willing to go up to Row 3 so 

13 we could seat a passenger back in Row 18. 

14 Q. Okay, so you moved the passenger in Row 18 to 

·15 Row 3? 

16 A. To Row 3, yes. 

·17 Q. Where Mr. Wallaesa was. 

18 A. And had Mr. Wallaesa sit back in Row 18. 

19 Q. Okay. 

20 THE COURT: Is that the left side still? 

21 THE WITNESS: 18, yes, left side, yes. 

22 THE COURT: Thank you, go ahead. 

23 Q. Left side as you are facing the tail? 

24 A. Facing the tail. 

25 Q. Okay. So, did you re-seat Mr. Wallaesa? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 40 

1 A. I am sorry? 

2 Q. Did you re-seat Mr. Wallaesa? 

3 A. Yes. 

4 Q. Okay, do you recall what Mr. Dumond was doing 

5 at the time? 

6 A. I can't recall ... he was in the . .. 

7 Q. Do you recall where he was at the time? 

8 A. ... he was in the back of the aircraft. 

9 Q. Okay. 

10 A. He was in the galley. 

11 Q. Okay, did Mr. Wallaesa sit down in that row 

12 in the back? 

13 A. At that time, yes, he did. 

14 Q. What did you do after that? 

15 A. I went back up to the front of the galley to 

16 try to resume duties. We are supposed to do ln a 

17 flight of that length, we are supposed to have three to 

18 four services done in that amount of time and if I 

19 recall, I hadn't even gotten one done yet at that 

20 point. So, I was trying to get drinks out, trash done, 

21 that sort of thing. 

22 Q. Okay, was there another time after that when 

23 you recognized, or when you noticed Mr. Wallaesa? 

24 A. The Captain had called ... had turned the 

25 "Fasten seatbelt" sign on, and he ... what I call 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 41 

1 "dinged us," twice, which means which means we have to 

2 pick up the intercom and talk to the Captain. We were 

3 going to experience turbulence, so he put the "Fasten 

4 Seatbelt on" sign on first for passengers, and then he 

5 called and told the flight attendants that he wanted us 

6 seated with our seatbelts on because we were coming in 

7 range of Las Vegas, and it was going to be bumpy, and 

8 for us to be seated with and to fasten our 

9 sea tbel ts. 

10 Q. Where were you at the time in the aircraft? 

11 A. I was in the front of the aircraft. 

12 Q. So, did you sit down? 

13 A. Yes. 

14 Q. Did you recognize ... did you notice Mr. 

15 Wallaesa after the Captain turned on the "Fasten 

16 Seatbelt" sign? 

17 A. I am sorry, can you say that again? 

18 Q. Did you notice Mr. Wallaesa at any point 

19 after the Captain turned on the "Fasten Seatbelt" sign? 

20 A. Yes. 

21 Q. Can you describe that? 

22 A. I was seated on the front jump seat in the 

23 front of the aircraft. I observed Mr. Wallaesa up out 

24 of his seat quickly coming to the front of the 

25 aircraft, coming down the aisle to the front of the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 42 

1 aircraft. Once I saw him, I did get up out of my jump 

2 seat to walk back towards Mr. Wallaesa. Robert Dumond 

3 was coming from the back following him up the aisle. 

4 We both stopped him. I can't remember what row it was 

5 probably maybe 5, 6 . . Row 5 or 6. 

6 Q. Row 5 or 6 when you stopped him? 

7 A. We stopped him. 

8 Q. Can you describe how he was moving up the 

9 front? 

10 A. Quickly, very quickly. I would say I would 

11 call it, "walking with purpose" towards the front of 

12 the aircraft. 

13 Q. Okay, after you and Mr. Dumond met Mr. 

14 Wallaesa in the aisle around Row 5 as you stated,. what 

15 happened? 

16 A. We asked him to go back to his seat. The 

17 "Fasten Seatbelt" sign was on for passengers and for us 

18 as well, which we were supposed to be in our seats with 

19 our seatbelts fastened. We asked him to go back to his 

20 seat. He refused. 

21 Q. And did he he refused? 

22 A. He refused. 

23 Q. What happened then? 

24 A. Rob and I came to the ... with Mr. Wallaesa 

25 to the front of the aircraft into the front galley. I 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 43 

1 brought him up to the front galley. And again, you 

2 know, started talking to him again about going back to 

3 his seat, sitting down, complying with what we were 

4 asking him to do. He refused. At that point, I called 

5 the Captain and told him what was happening with Mr. 

6 Wallaesa at the time. And, he was not being 

7 reasonable, he was not complying with our instructions 

8 to go back and sit. The Captain asked what was going 

9 on, if we were up out of our seat. We said, "yes, we 

10 were." We had an off duty FBI officer on in flight 

11 at that time. The Captain asked where he was seated. 

12 I told him. He said ... do you .. He asked me, "did I 

13 think that we needed help?" At that point, I said, 

14 "yes, because he was not complying with what we asked 

15 him to do." And he said, "ask the officer to come up 

16 and intervene." 

17 Q. And what did you do then? 

18 A. At that point, I kind of turned around. I was 

19 still on the phone with the Captain, I looked at who 

20 ... Mr. Mollica at that point ... and waved him 

21 forward. 

22 Q. How did you know where he was seated, or that 

23 

24 A. I'm sorry? 

25 Q. his identity? How did you know that was 
\ 

BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 44 

1 Agent Mollica, had you met him before? 

2 A. No, at the beginning of the flight when we 

3 have an "armed officer" that comes on, whether they are 

4 on duty, off duty, there is paperwork that they bring 

5 on, they introduce themselves to the Captain, the First 

6 Officer, and most of the time to a flight attendant. 

7 We get a copy of their paperwork, and we watch where 

8 they sit, so we know where they are at. 

9 THE COURT: Mr. Stuart, can you get 

10 closer to your mike? 

11 MR. STUART: Yes, Judge. So, you met Mr. 

12 Wallaesa when he got on the ... 

13 THE COURT: That is not closer. 

14 Q. Excuse me, strike that. You met Agent 

15 Mollica when he boarded the flight? 

16 A. We were not formally introduced. I just ... 

17 you know, he came on, he talks to the Captain, First 

18 Officer. I had his paperwork. I knew who he was, yes. 

19 Q. So after the Captain stated that it might be 

20 a good idea to summon the FBI Agent, how did you do 

21 that? 

22 A. I looked at him and kind of waved him 

23 forward. He was seated I believe in 4, 5 ... Row 4, or 

2 4 5, somewhere he was very close to where Mr. 

25 Wallaesa was seated in Row 3. So, I looked at him and 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 45 

1 waved him forward. 

2 Q. And, then what happened? 

3 A. He came up to the front of the aircraft. I 

4 think we had a small conversation kind of about what 

5 was transpiring. I don't know if he knew everything 

6 that was going on, but he had been observing what had 

7 been going on during the flight, and he started to talk 

8 with Mr. Wallaesa, calm him down, find out kind of like 

9 what he was doing. I think he was trying to diffuse 

10 the situation. Calm him down. 

11 Q. Did you hear what he said to Mr. Wallaesa? 

12 A. I didn't hear everything he said. I know he 

13 was kind of joking with him . . . you know, what . . . why 

14 are you going to Las Vegas? "You know, you may get in 

15 trouble if you don't do what the flight attendants say. 

16 You know, it would be better if you would go back to 

17 your seat." You know, kind of joking with him, or 

18 trying to joke with him about ... you know, "there is 

19 other women in Las Vegas, " and you know, just . . . you 

20 know, trying to diffuse the situation at that time. 

21 Q. Okay, and did you hear how Mr. Wallaesa 

22 responded? 

23 A. He didn't ... I didn't hear exactly what he 

24 said at that point, because I had turned around and 

25 made a decision to move Ms. Tomchik at that point. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 46 

1 Q. Okay, so you were not present then? 

2 A. The first part of the conversation, yes, I 

3 was present. 

4 Q. And then? 

5 A. I just can't recall everything that he said. 

6 Q. And then you said you moved Ms. Tomchik? 

7 A. Yes. 

8 Q. Where did you move her? 

9 A. I moved Ms. Tomchik from Row 2 . .. I took her 

10 back to Row 18, where Mr. Wallaesa had previously been 

11 sitting. 

12 Q. Why did you do that? 

13 A. Because the situation was escalating in the 

14 flight ... I felt that it was escalating, and you know, 

15 we did have a law enforcement officer involved. You 

16 know, just for her piece of mind ... her safety, I 

17 thought it would be better to put her to the back of 

18 the aircraft, until they take her out of the picture 

19 from the front. 

20 THE COURT: Did you hear Mr. Mollica 

21 identify himself as a law enforcement officer? 

22 THE WITNESS: I am sorry, Your Honor, I 

23 couldn't hear you. 

24 THE COURT: Did you hear Mr. Mollica 

25 identify himself as a law enforcement officer? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 47 

1 THE WITNESS: I am sorry. Yes, I did, 

2 sir. 

3 THE COURT: When he first came up? 

4 THE WITNESS: When he first came up on 

5 the aircraft, yes. 

6 THE COURT: He identify himself as FBI 

7 or, do you know? 

8 THE WITNESS: Agent Mollica. 

9 THE COURT: Yes? 

10 THE WITNESS: Agent Mollica, yes. 

11 THE COURT: Thank you very much. Go 

12 ahead. 

13 Q. Ms. Moorman, can you describe the 

14 int~ractions between ... that you witnessed between Mr. 

15 Wallaesa and Agent Mollica before you left to move the 

·16 passengers? 

17 A. I am sorry, repeat that one more time. 

18 Q. Can you describe the interaction between FAA 

19 FBI Agent Mollica and Wallaesa before you went to 

20 the back to move the passengers? What did you see? 

21 A. Again, Agent Mollica was talking to him 

22 trying to calm him down it wasn't working, he was 

23 getting agitated. He wanted to talk to Jaime, and that 

24 is how he kept repeating that. "I want to talk to 

25 Jaime, I want to talk to Jaime, I want to talk to 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 48 

1 Jaime." Not really listening to Agent Mollica. 

2 Q. And how did Agent Mollica respond to that? 

3 Did you see that? 

4 A. At that point, I had left at that point to 

5 move Ms . Tomchi k. 

6 Q. Uh-huh (indicating affirmatively) . 

7 A. I had moved her to the back 18 to Row 18, 

8 seated her and came back up to the front of the 

9 aircraft. They were still up front. Rob Dumond, Agent 

10 Mollica and Mr. Wallaesa were still in the front. When 

11 I got back what their conversation was, Agent Mollica 

12 asked him to comply with what we were asking him to do. 

13 He refused, he said, "no, he was going to talk to 

14 Jaime." I believe he asked him two or three times to 

15 return to his seat, and refused all three times. And 

16 he said, "if you don't go back there, I am going to 

17 have to handcuff you." And he still did not comply 

18 with Agent Mollica, so he asked him to turn around and 

19 put his hands behind his back. 

20 Q. And, then what happened? 

21 A. And, he didn't do it right away. And, Agent 

22 Mollica, I believe asked him to do it again, and he 

23 finally at some point, he turned around, and Agent 

24 Mollica handcuffed him. 

25 Q Did you see anything else between Agent 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 49 

1 Mollica and Mr. Wallaesa? 

2 A. Not that I recall. At that point, I believe 

3 he was handcuffed, he was turned around, he was yelling 

4 out towards the passengers that ... "he loved Jaime, we 

5 were keeping him from him . . . keeping him from her." 

6 He was yelling out at the passengers. 

7 Q. Did you see what happened after that between 

8 Mr. Wallaesa and Agent Mollica? 

9 A. Agent Mollica ... we were trying to get him 

10 out to ... back to Row 3 to get him into a seat. Agent 

11 Mollica was behind him. 

12 Q. Now, to which seat were you trying to get Mr. 

13 Wallaesa to? 

14 A. Back into Row 3. 

15 Q. Were there any passengers in Row 3 at that 

16 time? 

17 A. No, we had cleared that row. 

18 Q. Okay, you say that you had moved Ms. Tomchik 

19 from the front to the back. 

20 A. Yes, I am sorry, yes. We also moved ... the 

21 other two passengers that were in Row 3 ... we cleared 

22 that row for Agent Mollica and Mr. Wallaesa. 

23 Q. Okay, so once you had cleared the passengers, 

24 and Mr. Wallaesa was handcuffed, what happened? 

25 A. Agent Mollica asked him to go back into Row 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 50 

1 3, they were slowly moving to Row 3, Agent Mollica was 

2 behind him. Mr. Wallaesa was handcuffed at the time. 

3 They got to Row 3, I did not hear what Agent Mollica 

4 said to him, but he did not ... he would not sit down. 

5 So, he ... Agent Mollica had to push him down into the 

6 seat to get him into the row. 

7 Q. Okay, and what happened after that? 

8 A. He ended up sitting towards the window. He 

9 got into the row and sat towards the ... went over 

10 towards the window, and Agent Mollica sat on the aisle 

11 seat. 

12 Q. Did you have any interactions with 

13 Mr.Wallaesa once he had ... he and Agent Mollica were 

14 seated in Row 3? 

15 A. I am sorry? 

16 Q. Did you have any interactions with Mr. 

17 Wallaesa after he and Agent Mollica had 

18 A. No, I did not 

19 Q. had been seated in Row 3? 

20 A. After he was seated in Row 3, no, I did not. 

21 Q. Okay. How was the arrival at Las Vegas? By 

22 that, I mean, was it routine? Was it non-routine? 

23 A. The arrival? 

24 Q. Uh-huh (indicating affirmatively) 

25 A. No, it was not routine. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 51 

1 Q. Why? 

2 A. When we got there, and I opened the door, 

3 there was several FBI in the jet bridge, TSA Security, 

4 Las Vegas Police Officers, Southwest staff. 

5 Q. Uh-huh (indicating affirmatively) . 

6 A. They were all waiting for us there. 

7 Q. Did you call them? 

8 A. The Captain talked with them. 

9 Q. How do you know? 

10 A. During the conversation that we had earlier 

11 

12 Q. Uh-huh (indicating affirmatively) . 

13 A. . . . the Captain told me that he was going to 

14 call ahead for law enforcement to meet the aircraft to 

15 take Mr. Wallaesa off. 

16 Q. Okay, do you remember anything else after the 

17 aircraft arrived at Las Vegas? 

18 A. As far as, I am sorry, as far as, what? I 

19 know it was not routine. You know, we were not ... you 

20 know, the flight attendants were taken off the 

21 aircraft. We were taken off our trip at that point 

22 asked to go with the FBI, we had to make statements. 

23 Ms. Tomchik was asked to make ... you know, to go along 

24 witness, I believe they took witness statements. 

25 Q. Okay, at any point in your interactions with 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 52 

1 Mr. Wallaesa, did he state that he was on medication? 

2 A. No, sir. 

3 Q. Did he state that he was in need of medical 

4 assistance? 

5 A. No, sir. 

6 Q. Okay, did you give a passenger briefing at 

7 the beginning of the flight? 

8 A. Yes, I did. 

9 Q. Can you describe what that flight ... what 

10 that briefing only the briefing before the flight 

11 consists of? 

12 A. There are several between the time the 

13 passengers get on, and the time that we pull back from 

14 the gate. Which one are you referring to? The safety 

15 briefing? 

16 Q. Tell me which briefings you give prior to 

17 take off. 

18 A. We give a ... what is called an Opening PA 

19 message welcoming passengers on, asking them to be 

20 seated, turn off their portable electronic devices, 

21 make sure that their seatbelts are fastened, make sure 

22 that their seat back and tray tables . . . everything is 

23 all up so that we can leave the gate. That is the 

24 first one that you do. 

25 THE COURT: Excuse me, is the seatbelt 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 53 

1 light on at that point? 

2 THE WITNESS: Yes, sir. When you enter 

3 the aircraft, the seatbelt sign when you get on the 

4 airplane, the fasten seatbelt sign is on. 

5 THE COURT: Okay, and at some point 

6 between that time and the time you were earlier 

7 describing as your not knowing whether the seatbelt 

8 sign is on or not, seatbelt sign goes off, when does it 

9 go off? 

10 THE WITNESS: The Captain decides when 

11 that sign goes off and on. He determines that from 

12 what I understand at weather patterns. If it is going 

13 to be bumpy, if it is not safe for passengers to be out 

14 of their seats. 

15 THE COURT: But, is it fair to say that 

16 in general it goes off after the plane achieves 

17 cruising height altitude? 

18 THE WITNESS: When we reach cruise, as 

19 long as they are not expecting turbulence, they will 

20 turn that sign off. 

21 THE COURT: Okay, thank you. Did you 

22 previously refer to Mr. Wallaesa addressing other 

23 members of the passengers when he was in the 

24 confrontation with you or Mr. Mollica? 

25 THE WITNESS: I am sorry, could you 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 54 

1 repeat that, please? 

2 THE COURT: Was he talking to other 

3 member ... other passengers ... specifically or 

4 generically when he ... 

5 THE WITNESS: Generically, generically. 

6 THE COURT: What did he say? 

7 THE WITNESS: "I love Jaime, they are 

8 keeping me away from her. They won't let me talk to 

9 her. I love her, she is the one." 

10 THE COURT: Okay, and that was during the 

11 confrontation with Agent Mollica? 

12 THE WITNESS: Yes, sir. 

13 THE COURT: Okay, thank you. 

14 Q. Ms. Moorman, the entire time that you were up 

15 front with Mr. Wallaesa, towards the end of the flight, 

16 was the "Fasten Seatbelt" sign on or off? 

17 A. It was on. 

18 Q. For the entire time you were in the front? 

19 A. Yes. 

20 Q. And the entire time that Agent Mollica and 

21 Mr. Dumond were in the front? 

22 A. Yes. 

23 Q. With Mr. Wallaesa? 

24 A. Yes. 

25 Q. Okay. Did it stay on until the end of the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 55 

1 flight? 

2 A. Yes, the Captain kept it on until we got to 

3 the gate. 

4 Q. Now, I would like to turn your attention to 

5 I would like to ask you some questions about your 

6 training as a flight crew member. As a flight 

7 attendant, can you describe your safety training? 

8 A. Our safety training? During your initial 

9 training at Southwest, you are there for approximately 

10 five weeks. 

11 Q. What does that training consist of or, let me 

12 ask you like this, are you trained to detect suspicious 

13 activity on an aircraft? 

14 A. Yes, they teach us that. 

15 Q. Are you trained to evaluate passengers? 

16 A. To a certain degree. 

17 Q. Okay. 

18 A. I mean it is not like we have doctors that 

19 come in and train us, but they teach us how to observe 

20 passengers behavior while getting on the aircraft, 

21 during flight. 

22 Q. Okay, what types of things do you look for as 

23 passengers are getting on the aircraft? 

24 A. We want to make sure that they are not 

25 intoxicated, not on drugs, that they are behaving 

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BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 56 

1 properly when they are getting on the aircraft, .they 

2 are not doing anything suspicious. 

3 Q. And, do you continue to monitor passengers 

4 throughout the flight, or do you not? 

5 A. Yes, we do. We observe them during flight, 

6 and we communicate with each other ... the flight 

7 attendants communicate with each other throughout the 

8 flight, because obviously there is 137 people on there. 

9 I have got my front passengers that I take care of. 

10 The "C" flight attendant takes care of there are 50 

11 some passengers, and then the "B" in the back takes 

12 care of their passengers. If any one of us at any time 

13 think anything or feel anything, we have discussions 

14 amongst ourselves about that passenger so that .we are 

15 all aware of what is happening. 

16 Q. Do you receive training in "conflict 

17 resolution"? 

18 A. Yes. 

19 Q. Can you describe that training? 

20 A. We are just trained ... we do scenario 

21 training. You know, different types of scenarios 

22 you know, passengers that are intoxicated, passengers 

23 about medical conditions, passengers ... you know, 

24 people that are afraid to fly. People that are not 

25 you know, maybe not acting right. Mostly to diffuse 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 57 

1 that is what they want us to do they want us to try to 

2 diffuse. 

3 Q. And are there any primary skills in diffusing 

4 a conflict? 

5 A. I am sorry? 

6 Q. Are there any primary skills you use in 

7 diffusing a conflict? I mean, how would you diffuse a 

8 conflict? 

9 A. We, they would like us to converse ... talk, 

10 .try to you know, calm that passenger down. Find out 

11 what it is that they want. What can we do to make this 

12 better for you? How can we ... how can we get you to 

13 comply with what we are asking you to do? So, it is 

14 mostly talking, you know. we have different threat 

15 levels or what we have four different threat 

16 levels. You know, One, is just verbal. Two, is 

·17 physical. You know, we have different threat levels, 

18 and once we determine that it is going beyond, you 

19 know, just conversing, and we can't calm it down, you 

20 know then kind of all three of us kind of get together 

21 and try to put our heads together and figure out what 

22 to do. 

23 Q. Okay. While you were on the flight, and 

24 while you were around Mr. Wallaesa, and while you were 

25 telling him to sit down at various times, were you able 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 58 

1 to observe whether other passengers on the flight were 

2 ... for example, in need of medical assistance, or 

3 needed help in any other way? 

4 A. Whether other passengers were? 

5 Q. Yes, while you were dealing with Mr. 

6 Wallaesa, were you able to attend to other passengers? 

7 A. Not at that time, no. 

8 Q. Thank you, Ms. Moorman, I hav~ no more 

9 questions. 

10 THE COURT: Cross? Mr. Wallaesa? 

11 MR. WALLAESA: Yes, sir. 

12 CROSS EXAMINATION 

13 BY MR. WALLAESA: 

14 Q. Good morning. Just a few questions ... I am 

15 representing myself, so I may refer to myself as Mr. 

16 Wallaesa. 

17 THE COURT: You need to speak into the 

18 mike, Mr. Wallaesa. 

19 Q. I may refer to myself as Mr. Wallaesa ... 

20 sorry, sir. Speak softly, I think is the phrase I am 

21 looking for. 

22 THE COURT: If you talk beneath your 

23 breath, it is not going to be heard, it is not going to 

24 get on the record. Please speak in the microphone 

25 whenever you are speaking. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 59 

1 Q. On the flight, do you remember complimentary 

2 drink service for certain passengers on that flight? 

3 A. Complimentary drinks service for what? 

4 Q. For business select passengers, or certain 

5 passengers on the flight for Southwest Airlines? 

6 A. No. 

7 Q. You do not recall? 

8 A. I do not recall. 

9 Q. What was the time frame from the time ... I 

10 know the Judge already asked this, but just I am going 

11 to rephrase this, the time frame between the beginning 

12 of the flight and when Ms. Tomchik first contacted you, 

13 an estimation? 

14 A. My estimation was 45 minutes to an hour. 

15 Q. Okay, and when you re-seated Mr. Wallaesa at 

16 when you moved Mr. Wallaesa back to the plane, as 

,17 he sat back down and you said, how long it was between 

18 the time frame between the contact between Mr. Wallaesa 

19 and Ms. Tomchik again when Mr. Wallaesa spoke with Ms. 

20 Tomchik and wrote to you? 

21 A. Which time? 

22 Q. After she had moved to Row 2, you had spoken 

23 to Mr. Wallaesa in the back of the plane ... 

24 A. Okay. 

25 Q. Mr. Wallaesa moved back to Row 3, what was 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 60 

1 the time frame between Mr. Wallaesa moving back to Row 

2 3 and speaking to Ms. Tomchik again? 

3 A. As I recall, 10, 15 minutes. 

4 Q. Okay, and then when you spoke with Mr. 

5 Wallaesa back in the plane and re-seated him in the row 

6 at the back of the plane, what was the approximate time 

7 frame between the time you re-seated him and he sought 

8 to contact you at the front of the plane? 

9 A. I really don't want to guess at that, I don't 

10 recall. You know, I don't 

11 Q. Would you say it was a short time or a long 

12 time, or a medium time? 

13 A. It wasn't that long, it wasn't that long 30 

14 minutes, 30, 45 minutes. 

15 Q. When you spoke to Mr. Wallaesa at the back of 

16 the plane, you describe as agitated, but you also said 

17 "tearful and flushed," would you also describe that as 

18 possibly upset or maybe dismayed, or broken hearted? 

19 A. I am having a really hard time hearing, 

20 sorry. 

21 Q. Okay, you described in your testimony, 

22 you described Mr. Wallaesa as "agitated" at the back of 

23 the plane, did you ever feel threatened? Did Mr. 

24 Wallaesa ever threaten you physically, raise a fist, 

25 raise his voice, try to grab or hurt you in any manner? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 61 

1 A. Mr. Wallaesa did not physically threaten me. 

2 The conversation in my opinion ... at points du~ing 

3 that conversation, voices were raised in agitation, in 

4 my opinion. 

5 Q. Could you see it from the point of view of 

6 possibly just being upset in a manner ... 

7 A. Being, what? 

8 Q. Upset, tearful ... you described Mr. 

9 Wallaesa. 

10 A. At one point during the conversation, Mr. 

11 Wa11aesa became tearful and emotional, yes. 

12 Q. Okay, now you said ... Mr. Stuart over here 

13 was discussing about your training as . . . on a flight 

14 in emergency situations, have you ever been on a flight 

15 that had an emergency situation previously, prior to 

16 November 6 of 2009? 

.17 A. Ask me that one more time? 

18 Q. Have you ever been on a flight that had an 

19 emergency situation prior to November 6 of 2009? 

20 A. An emergency situation? 

21 Q. Yes? 

22 A. Yes, sir. 

23 Q. And, what kind of emergency situation was 

24 that? 

25 A. Medical. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 62 

1 Q. And, what kind of a medical situation? 

2 A. Which which time? I have had several. 

3 Q. Several? How many, approximately? 

4 A. From the time I started there, I have 

5 probably had five or six medical emergencies. 

6 Q. And, what kind of medical emergencies? 

7 A. Heart attack, stroke, I had a lady that 

8 fainted, a lady was hyperventilating at one point, and 

9 the last one was a child choking. 

10 Q. Okay, so in those situations, how much time 

11 and attention did it take to resolve that situation? 

12 Five minutes, ten minutes? 

13 A. You are talking about a heart attack to 

14 somebody having a ... hyperventilating? It is a 

15 you have to stay there until it is resolved. If that 

16 is my medical emergency, if that person is having a 

17 heart attack in my section, that is my personal ... I 

18 have to take care of that person until it is resolved. 

19 Q. So, it is your duty to take care of that 

20 person until the situation is 

21 A. Correct. 

22 Q. ... completely resolved? 

23 A. Correct. 

24 Q. So, it wouldn't be out of the ordinary for 

25 you to take the entire flight if somebody was having an 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 63 

1 issue? 

2 A. It wouldn't be, what? 

3 Q. Out of the ordinary if somebody was having a 

4 medical issue, to take the entire flight? 

5 A. Possibly. 

6 Q. In any of your previous emergencies, was the 

7 flight ended abruptly? 

8 A. Was it "ended" abruptly? 

9 Q. In other words, you said a heart attack, if 

10 somebody was having a heart attack, did they have to 

11 

12 A. We had to divert on that flight. 

13 Q. The plane had to divert, and was landed in at 

14 another airport, is that correct ... than the intended 

15 destination? The plane was landed somewhere other than 

16 

17 A. We had landed somewhere other than where we 

18 were supposed to land, correct. 

19 Q. All right. In the flight with Mr. Wallaesa 

20 on November 6, 2009, that flight landed on time at its 

21 destination airport, is that not correct? 

22 A. I believe so. 

23 Q. Okay. When you stated you moved Ms .Tomchik 

24 from the front of the plane to the back of the plane, 

25 were there members of the passengers of the plane 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 64 

1 moving ... was anybody moving from the front from 

2 the back to the front of the plane after Mr. Mollica 

3 had moved ... tried to move Mr. Wallaesa back to his 

4 seat? 

5 A. I don't think I understand the question. 

6 Q. In other words, were there any members of 

7 passengers on the plane that moved ... that attempted 

8 to move forward from the back of the plane ... 

9 passengers or crew from the back of the plane to the 

10 front of the plane as you moved Ms. Tomchik from the 

11 front to the back? 

12 A. I don't believe so. 

13 Q. Okay. 

14 A. Not that I recall. 

15 Q. Okay. So, approximately by the time Mr. 

16 Wallaesa was seated with Mr. Mollica, how long into the 

17 flight was that, or how much left of the flight was 

18 that? 

19 A. From the time Mr. Wallaesa was seated until 

20 we landed? 

21 Q. Yes? 

22 A. It wasn't long ... it was, I think, twenty 

23 minutes, maybe. 

24 Q. And how long was the flight in its entirety? 

25 A. I believe that flight is blocked for about 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 65 

1 four and a half hours. I don't believe it took us that 

2 long to get there depending on the head winds, tail 

3 winds, all of that kind, so I think it was about a 

4 three and a half hour flight. 

5 Q. Okay, so back to the moving ... so, when you 

6 took Mr. Wallaesa to the back of the plane, and you 

7 spoke with Mr. Wallaesa with the other flight crew ... 

8 Mr. I am sorry, Penny and Mr. Dumond, I believe? 

9 A. Correct. 

10 Q. Correct. When ... after that was done, Mr. 

11 Wallaesa was seated in Row 18, is that correct? 

12 A. Correct. 

13 Q. And you said about a half hour, 45 minutes is 

14 your estimation until he ... 

15 A. That is my estimation. That is my 

16 estimation. 

17 Q. And when he was seated in Row 18, did you sit 

18 with him? Did you converse with him, or did you move 

19 back to the front? 

20 A. I went back to the front of the airplane. 

21 Q. Immediately. 

22 A. I am sorry? 

23 Q. Immediately. 

24 A. I don't recall. 

25 Q. Okay, that is all I have. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 66 

1 THE COURT: Redirect? 

2 REDIRECT EXAMINATION 

3 BY MR. STUART: 

4 Q. Ms. Moorman, if you know the answer, please 

5 answer this question. Why would it be important to 

6 divert if somebody ... if a patient had a heart attack? 

7 A. Why are we asking, "why"? 

8 Q. Sure, why would you divert a plane if someone 

9 was having a heart attack? 

10 A. If it is a life and death situation, the 

11 Captain actually makes that decision. 

12 Q. Okay. 

13 A. Once we have informed him of a medical 

14 emergency, there is this protocol that we go through. 

15 The Captain makes phone calls and we have to talk to 

16 people at MedFlight. 

17 Q. In this case, due to the efforts of Agent 

18 Mollica and the Flight Attendants, Mr. Wallaesa did end 

19 up sitting down for the remainder of the flight, 

20 correct? 

21 A. He did end up, what? 

22 Q. He ended up sitting down with Mollica 

23 Agent Mollica for the rest of the flight? 

24 A. Correct. 

25 Q. Now, I don't mean medical cases, but with 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 67 

1 respect to passengers, have you had a flight was 

2 there any flight before this flight ... like this one? 

3 A. No, sir. 

4 Q. Have you had a flight since, like the 

5 November 6, 2009 flight? 

6 A. No, no. 

7 Q. No more questions. 

8 THE COURT: Ms. Moorman, you have had a 

9 chance now to look at Respondent's Exhibit-1, the 

10 Statement written by Ms. Tomchik. 

11 THE WITNESS: Correct. 

12 THE COURT: Is it consistent with the 

13 statements that she made to you orally about what had 

14 transpired? 

15 THE WITNESS: Can I have a moment to read 

16 this last page? I didn't realize there was a last 

17 ·page? 

18 THE COURT: Please read it. 

19 THE WITNESS: Thank you. 

20 (WHEREUPON, the Witness reviews Respondent's Exhibit21 1.) 

22 THE WITNESS: Yes, Your Honor, this is 

23 what she told me, and this is what she wrote then. 

24 THE COURT: And you don't see anything 

25 different in the ... in this from the things that she 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 68 

1 told you orally? 

2 THE WITNESS: No, sir. 

3 THE COURT: Okay, thank you very much. 

4 You can step down, thank you. Next witness. 

5 MR. STUART: Complainant calls Robert 

6 Dumond to the stand. 

7 THE COURT: Raise your right hand, sir. 

8 Do you solemnly swear that the testimony you are about 

9 to give will be the truth, the whole truth, and nothing 

10 but the truth, so help you God? 

11 THE WITNESS: Yes. 

12 THE COURT: You may be seated. 

13 (WHEREUPON, ROBERT DUMOND, having been duly. sworn, was 

14 examined and testified as follows:) 

15 DIRECT EXAMINATION 

16 BY MR. STUART: 

17 Q. Good morning, would you state your name for 

18 the record, please. 

19 A. Robert Dumond. 

20 Q. And, Mr. Dumond, are you employed? 

21 A. Yes, I am. 

22 Q. Where do you work? 

23 A. Southwest Airlines as a Flight Attendant. 

24 Q. How long have you worked there? 

25 A. About five and a half years. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 69 

1 Q. And, what did you do before that? 

2 A. I was in Retail Management for about 25 

3 years. 

4 Q. Do you recall where you were on November 6, 

5 2009? 

6 A. Yes, I was working a flight from Baltimore to 

7 Las Vegas. 

8 Q. And, was that Flight 3049? 

9 A. Yes, sir. 

10 Q Do you recognize anyone from this flight? 

11 A. Yes, this gentleman right here was on the 

12 flight. 

13 Q. Let the record show that Mr. Dumond has 

14 identified Mr. Wallaesa as present on the November 6, 

15 2009 flight. 

16 THE COURT: Okay. 

i7 Q. Mr. Dumond, did anything out of the ordinary 

18 occur on that flight? 

19 A. Yes, I would say about 45 minutes or so into 

20 the flight, Wendy Moorman was working the "A" position, 

21 I was working the "C" position. She came back to the 

22 back of the plane to inform me and Penny that a young 

23 lady had been being bothered by a gentleman, that she 

24 was going to bring him to the back, and we were going 

25 to talk to him about it, and that she had moved the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 70 

1 lady to another seat. 

2 Q. Okay, so the "C" position is in the back of 

3 the airplane. 

4 A. Well, the "C" position is actually 

5 responsible for the center portion of the plane during 

6 service, but that person will work out of the back 

7 galley. 

8 Q. And, you were that person? 

9 A. Yes. 

10 Q. So, you were in the back galley? 

11 A. Correct. 

12 Q. When Ms. Moorman approached you. 

13 A. Yes. 

14 Q. What did she say? 

15 A. She said that a young lady was being bothered 

16 by a male passenger, and that the female passenger had 

17 switched seats, and that she was going to bring the 

18 gentleman back here so that we could all talk with him. 

19 Q. And, did she bring the gentleman back? 

20 A. Yes, she did. 

21 Q. And, who was that gentleman? 

22 A. Mr. Wallaesa. 

23 Q. And, what happened at that point? 

24 A. It was at that point that the three of us 

25 myself, Wendy and Penny and Mr. Wallaesa was in the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 71 

1 back galley. Wendy started telling him that he needed 

2 to leave her alone, and not talk to the female 

3 passenger, Ms. Tomchik ... I guess is her name. That 

4 he needed to leave her alone, not talk to her. It was 

5 inappropriate what he was saying. That she did not 

6 want to talk to him, and to just ... that he needed to 

7 stay seated and not talk to her. 

8 Q. What was his response? 

9 A. From what I remember, he said stuff like 

10 "well, you know she is the one for me, I found the one, 

11 can't you see the tears in my eyes? You know, I really 

12 want to talk to her . . . I just want to talk to her." 

13 Things of that sort. 

14 Q. Describe his demeanor. 

15 A. I saw him as being ... that he wasn't 

16 listening, that he wasn't focused on what was being 

17 said to him, and he wasn't paying attention to what was 

18 being said to him. Maybe a little nervous, and a 

19 little upset, but just ... it just didn't seem like he 

20 was focusing on what was being said to him. 

21 Q. And, what happened after that? 

22 A. It was at that point that Wendy instructed 

23 him to go back to his seat, and sit down. I believe he 

24 was seated in Row 3 or 4, I can't remember, but still 

25 at the front of the plane. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 72 

1 Q. Do you remember which side of the plane? 

2 A. Okay, we have had some sides of planes 

3 discussion this morning, I have heard them. Left side, 

4 Captain's side as you are looking forward. 

5 THE COURT: Well, let's keep the 

6 references the same. The references we are going to 

7 make are looking toward the rear of the plane. I don't 

8 want to back and forth with what I am ... 

9 THE WITNESS: If I may say something, 

10 Your Honor, generally as we speak as flight attendants 

11 and pilots and even in the air, we always speak as we 

12 are 11 looking forward. 11 

13 THE COURT: Yes, I understand what you 

14 always do, but I am not asking you what you always do. 

15 I am telling you, we want all of the references as if 

16 you are looking toward the back of the plane. 

17 Otherwise, you are going to have your right and left 

18 different from other people's' right and left. We are 

19 going to do them all the same. So, you are looking 

20 from the front of the plane toward the rear at the 

21 seats. Okay, now the question is, what side was he 

22 sitting on? 

23 THE WITNESS: The right side of the 

24 plane. 

25 THE COURT: Thank you, sir. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 73 

1 Q. What happened then? 

2 A. It was at that point that Wendy went back to 

3 the front, and just a short time after that, Mr. 

4 Wallaesa was up again leaning over the aisle seat on 

5 the opposite side of the plane trying to talk to a 

6 female passenger. 

7 Q. Okay, so you saw Wendy go to the front of the 

8 plane. 

9 A. Right. 

10 Q. You were still in the back of the plane, 

11 correct? 

12 A. Correct. 

13 Q. And from the back of the plane, you saw Mr. 

14 Wallaesa try to speak with Ms. Tomchik? 

15 A. He was up out of his seat leaning over the 

16 opposite seat ... across the aisle leaning over trying 

17 to talk to her. 

18 Q. Okay, do you remember which row? 

19 A. Which row she was in? 

20 Q. Yes? 

21 A. Row 2 or 3. I know it was really close to 

22 the front of the plane. 

23 Q. Could you hear any communication? 

24 A. I could not hear communication, but it was 

25 obviously he was talking, he was leaning over. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 74 

1 Q. Okay, what do you remember after that? 

2 A. It was at that point that Wendy came to the 

3 back again and informed us that we needed to talk with 

4 this girl, and we were going to move him to the back of 

5 the plane. She brought Mr. Wallaesa back to the back 

6 of the plane. I believe she and Penny went out to 

7 rearrange passengers so that we could get him re-seated 

8 towards the back of the plane. It was at that time 

9 that I decided to get his identification. I asked him 

10 for his identification. He gave it to me. I wrote 

11 down his identification, I handed back his ID. 

12 Q. Okay, so you are in the back of the plane. 

13 Ms. Moorman says that she is going to re-seat 

14 passengers. 

15 A. Correct. 

16 Q. So, she goes and re-s eats the passengers. 

17 A. Right. 

18 Q. You were standing in the back with Mr. 

19 Wallaesa. 

20 A. Yes, sir. 

21 Q. You asked for his ID? 

22 A. Yes, sir. 

23 Q. Did you . . . do you recall ... did you see 

24 what ID was it? 

25 A. It was a driver's license from Virginia. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 75 

1 Q. Did you say anything to him? 

2 A. Did I say anything to him? 

3 Q. While you were checking his ID? 

4 A. No, sir, I just wrote it down. 

5 Q. Did he say anything to you? 

6 A. No, sir. 

7 Q. After that, was Mr. Wallaesa re-seated in the 

8 back? 

9 A. Yes, he was re-seated in Row 18 right side of 

10 the plane, or 18C. 

11 Q. \ 

Okay, what did you do after that? 

12 A. It was at that point that we kind of resumed 

13 duties. 

14 Q. Uh-huh (indicating affirmatively) . And where 

15 did you resume your duties? 

16 A. Back in the middle of the plane ... at the 

17 back of the plane as well. 

18 Q. And that was because you were in the "C" · 

19 position? 

20 A. Correct. 

21 Q. In the middle of the plane. 

22 A. Correct. 

23 Q. What duties were you doing? 

24 A. Serving drinks, collecting trash, checking on 

25 passengers. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 76 

1 Q. Okay. 

2 A. Things of that nature~ 

3 Q. What was the next interaction, if any, that 

4 you had with Mr. Wallaesa? 

5 A. Well, he got up out of his seat and said he 

6 wanted to go up front and talk to her. And I said, 

7 "Well, you have got to sit down." I want to talk to 

8 the flight attendant up front. I said, "well, I will 

9 let her know and I will have her come back and talk to 

10 you." It was at that point that I went and told Wendy, 

11 "Hey, he wants you to come back and talk to him." She 

12 said, "She is busy with service, and she would be back 

13 there when she could." 

14 . Q. Okay, so after you ... he made that request, 

15 you went to Wendy. 

16 A. Right, and I said "he wants to talk to you." 

17 And she said, "okay, when I am done, I will try to get 

18 back there and talk to him." 

19 Q. Did you see what Mr. Wallaesa was doing while 

20 you made that request to Wendy? 

21 A. No. 

22 Q. Was he seated? 

23 A. He was seated at that point. I didn't see 

24 him get back up at that point. 

25 Q. Okay, do you remember if the seatbelt sign 

COURT. <liePORTING 

Vld<og,..phy ~ligation T<Chnology -
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 77 

1 was on or off during this time? 

2 A. I don't recall if it was or not at that time. 

3 Q. Okay, so after you made the request to Wendy, 

4 and she said that ... she will talk to him after she 

5 finishes her drink service, what did you do? 

6 A. I went about my business. 

7 Q. Okay. 

8 A. And shortly thereafter, Mr. Wallaesa got up 

9 to use the rear lavatory. 

10 Q. And, where were you at that time? 

11 A. I was in the middle of the cabin. 

12 Q. Okay. 

13 A. When he returned on his way back from using 

14 the lav, he went past the seat and kept walking 

15 forward, and I told him that he needed to stay seated 

16 in his seat, and could not go forward and, he needed to 

17 stay seated with his seatbelt on, and 

18 Q. So, let me stop you, at that time you were 

19 Mr. Wallaesa was between you and the tail of the 

20 airplane? 

21 A. That is correct. 

22 Q. Okay. And, you told him that he had to go 

23 back he had to go back to his seat? 

24 A. He had to go back to his seat. 

25 Q. What did he say? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 78 

1 A. He sat down, then he got up again. I said, 

2 "I am going to tell you one more time, this is it, you 

3 have to stay seated." And then I went back to the back 

4 of the plane. 

5 THE COURT: 18C, is that an aisle seat 

6 or? 

7 THE WITNES?: Yes, sir. 

8 THE COURT: Thank you. Go ahead. 

9 Q. Did you notice his demeanor at that time? 

10 A. Again, it just seemed like he wasn't focusing 

11 on what anybody was telling him ... what I was telling 

12 him. 

13 Q. What do you mean by that? 

14 A. It just seemed like he was focused'on doing 

15 what he wanted to do. He didn't seem like he wanted to 

16 listen. Although, he did sit down finally after two 

17 times telling him. 

18 Q. Okay, after that, where were you in the 

19 airplane? 

20 A. I was in the back of the aircraft. 

21 Q. Were you seated or standing? 

22 A. I was standing, I believe. 

23 Q. What were you doing? 

24 A. Just my normal duties. I was either 

25 retrieving drinks for people, or putting trash away, or 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 79 

1 cleaning the galley. 

2 THE COURT: If you were doing that, the 

3 seatbelt sign wouldn't be on, would it? 

4 THE WITNESS: Excuse me? 

5 THE COURT: If you were doing those 

6 things, the seatbelt sign would not be on, would it? 

7 THE WITNESS: That is not correct. We 

8 can be up ... Flight attendants can be up while the 

9 "Fasten Seatbelt" sign is on. It is the passengers 

10 that have to stay seated. 

11 THE COURT: And serving? 

12 THE WITNESS: Oh sure, yes, sir. 

13 THE COURT: You serve when the "Seatbelt" 

14 sign is on? 

15 THE WITNESS: Yes, sir, unless we are 

16 instructed by the Captain to stay seated. 

17 THE COURT: I got it. Thank you. 

18 Q. Did Mr. Wallaesa stay seated after that? 

19 A. No, about an hour out from Las Vegas, we got 

20 a call back from the Captain saying he wanted the 

21 flight attendants to stay seated because he was 

22 expecting turbulence. So, I was seated on the rear 

23 jump seat, which is facing the cabin. And it was 

24 shortly thereafter, that Mr. Wallaesa got up and 

25 quickly started walking towards the front of the plane, 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832~1 80 

1 and it was at that point that I got up to pursue him. 

2 Q. Was the seatbelt sign on at that time? 

3 A. Yes. 

4 Q. Describe how Mr. Wallaesa moved up the aisle. 

5 A. Rapidly, quickly, he was walking fast. 

6 Q. Was he running, was he skipping? 

7 A. He was not running, he was walking fast. 

8 Q. Walking fast? 

9 A. Yes. 

10 Q. And, what did you do? 

11 A. I got up and I went after him, and I said, 

12 "you need to sit down." I caught up with him around 

13 Row 4 or 5. 

14 Q. When you told him, "you need to sit down," 

15 did he respond to that? 

16 A. He said he didn't want to ... something to 

17 that effect. I grabbed him by the arm as well to keep 

18 him from going forward. He said, "I want to talk to 

19 her." 

20 Q. When you told him, "you need to sit down," 

21 was that before or after you had caught up with him as 

22 he moved down the aisle? 

23 A. In my mind it seemed about simultaneously, 

24 but there may have been a gap of some sort ... it is 

25 about the same time. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 81 

1 Q. And did you state that you grabbed his arm? 

2 A. I did grab his arm, yes, sir. 

3 Q. Okay, and what happened then? 

4 A. It was at that point that I said, "you need 

5 to sit down one more time," and I had turned and I had 

6 waved Mr.Mollica up Agent Mollica up, as well, and the 

7 three of us ... Agent Mollica, and myself and Mr. 

8 Wal1aesa went in the forward galley area. 

9 Q. Okay, when you told him to sit down after you 

10 grabbed his arm, what did he say? 

11 A. He just said, "I want to talk to her, or I 

12 want to sit down," something like that. 

13 Q. Did you know who "her" was? 

14 A. No, but I made the assumption that it was the 

15 young lady that he was talking to. 

16 Q. Okay. 

17 A. Or, that or it was ... he wanted to talk to 

18 Wendy. 

19 Q. Okay, so you are holding his arm, about what 

20 row are you at in the aisle? 

21 A. At this time I was probably about Row 3 or 4. 

22 Q. And then, where did you go? 

23 A. We went forward into the front galley. 

24 Q. Did Mr. Wallaesa go with you? 

25 A. Yes. 

COURT /aePORTING Vilcl~g,.aphg ~tigaticn T~thnolcgy ·m 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012.CCR#16832-1 82 

1 Q. When did you summon Agent Mollica? 

2 A. Shortly after I encountered Mr. Wallaesa in 

3 the front row of the plane. It wasn't too much longer 

4 after that. 

5 Q. And, how did you know that Agent Mollica was 

6 who he was? 

7 A. Well, they identify themselves as they come 

8 on the plane, they are ... they give us paperwork, and 

9 if myself as a "C" flight attendant, and I am not in 

10 the front of the plane, I am not aware who this person 

11 is, the "A" flight attendants will inform, we have an 

12 "LEO" sitting in seat XYZ. That is where he is seated. 

13 Just so the crew members will know where the law 

14 enforcement officer is ... 

15 THE COURT: I am sorry, you have a "what" 

16 sitting? 

17 THE WITNESS: A "LEO," Law Enforcement 

18 Officer. 

19 THE COURT: L-E-0. 

20 (WHEREUPON, an off the record discussion was held.) 

21 Q. So, a LEO is a law enforcement officer? 

22 A. Law enforcement officer, yes, sir. 

23 Q. Okay, who was in the front of the airplane at 

24 that time? 

25 A. There was myself, Mr. Wallaesa, Agent 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 83 

1 Mollica, and Wendy Moorman. 

2 Q. Do you remember where you were standing? 

3 A. I was standing right in front of the cockpit 

4 door facing the cabin. 

5 Q. Why were you in front of the cockpit door? 

6 A. Well, at this point we had a security 

7 situation, and one of the things we are trained to do 

8 is to protect the cockpit. And, the area of the front 

9 galley area is considered, it was called a clear zone, 

10 that is how we define it, and it is our job to protect 

11 that area so that no one can reach the cockpit door. 

12 Q. Okay, as you are standing with your back to 

13 the cockpit door, facing the tail, where is Ms. Moorman 

14 standing? 

15 A. Ms. Moorman is standing to my right in the 

16 forward entry area. 

17 Q. And, is anyone standing to your left? 

18 A. That would be Agent Mollica. 

19 Q. And, where was Mr. Wallaesa standing? 

20 A. He was up against the wall of the aircraft on 

21 the left side of the plane. 

22 Q. Left side of the plane as you are looking23 towards the tail? 

24 A. Correct. 

25 Q. Is there a bulkhead on that side that 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 84 

1 separates the passengers from 

2 A. Yes, sir there is a wall 

3 Q. the galley. 

4 A a bulkhead wall that separates the galley 

5 from the cabin, yes, sir. 

6 Q. In the galley, did you tell Mr. Wallaesa 

7 anything? 

8 A. Did I tell him? 

9 Q. Yes? 

10 A. I believe I said, that he needs to sit ... 

11 "you need to sit down." I believe Wendy said the same 

12 thing, "you need to sit down," And it was reiterated 

13 again by Agent Mollica. 

14 Q. Do you recall what Agent Mollica said? 

15 A. Well, first and foremost, he started talking 

16 to him about just trying to get an idea of what was 

17 going .on. Find out what was happening ... asking Mr. 

18 Wallaesa why he wasn't sitting, and what the situation 

19 was from his words in his mind. He asked him a 

20 question, "where are you going? What are you doing? 

21 You know, what is going on here?" You know, I believe 

22 a couple of times he asked him ... "Why don't you come 

23 sit down with me and we can talk about this." Things of 

24 that nature. And, he did mention, "you need to do what 

25 these flight attendants are telling you to do. They 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 85 

1 have told you to sit down, you need to sit down. They 

2 are telling you to sit down. You have to sit down." 

3 Q. And how did Mr. Wallaesa respond to that? 

4 A. Almost every time he said that, he said, "I 

5 don't want to do that. I don't want to do that." 

6 Q. Well, what was Mr. Wallaesa's demeanor like? 

7 A. Again, the same way I saw it the whole time. 

8 Not focusing on what people were telling him, didn't 

9 seem to be understood ... he didn't have any idea of 

10 what given instructions what to do. I think he was 

11 understanding the words, I just didn't think he ~anted 

12 to comply. He seemed agitated almost to the point that 

13 he wasn't getting what he wanted. 

14 Q. Okay, after he told Agent Mollica and told 

15 you and Ms. Moorman he didn't want to comply, what 

16 happened? 

17 A. It was at that point that Agent Mollica told 

18 him that you know, if you don't do what they say, I 

19 am going to have to put handcuffs on you and sit you 

2 0 down forcibly . . . and make you sit down. 

21 Q. And, what was Mr. Wallaesa's response to 

22 that? 

23 A. He didn't want to do that. He didn't want to 

24 sit down. 

25 Q. Did he say that? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 86 

1 A. Yes. 

2 Q. Then what happened? 

3 A. It was at that point that Agent Mollica 

4 turned him around, put handcuffs on him. Wendy ... 

5 just, I believe Wendy made the call to the Captain at 

6 that point to let him know what was going on, .and then 

7 she proceeded to rearrange passengers so that we could 

8 Mr. Wallaesa with Agent Mollica in Row 3. 

9 Q. Who did she rearrange? 

10 A. At least two passengers ... well, three, 

11 another passenger in the back, because at the same time 

12 she was moving Ms. Tomchik to the back, so it was at 

13 least three or four passengers that she moved. 

14 Q. Did the "seatbelt" sign remain on through Mr. 

15 Wallaesa coming up the aisle, and the interactions in 

16 the galley? 

17 A. It was on the entire time. 

18 Q. Was it on until the end of the flight? 

19 A. Yes. 

20 Q. Okay, after Agent Mollica had Mr. Wallaesa 

21 handcuffed, what happened? 

22 A. Wendy came to the back, back to the front of 

23 the plane, and she said, "okay we are ready, the rows 

24 are ready to go, we have got room to move now." Agent 

25 Mollica said, "okay, well, we are going to go sit 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 87 

1 down," he said this to Mr. Wallaesa. Mr. Wallaesa said 

2 he wanted to use the PA system to talk to the plane. 

3 All three of us almost in unison said, "No, you can't 

4 do that, we are just going to go sit down." 

5 Q. Did he tell you what he wanted to say? 

6 A. No, he just said he wanted to talk to the 

7 plane. 

8 Q. Was he ... describe the volume of his voice 

9 at this time? 

10 A. Talking about like how I am talking now when 

11 I use the PA talk on the plane, just like that. It was 

12 at that point that Mr. Mollica decided to take him, go 

13 ahead and start moving towards the seat. When he 

14 reached the entry area of the galley to the cabin, Mr. 

15 Wallaesa started yelling, "I am so sorry, I found the 

16 one that I love," things of that nature. 

17 Q. When you say "yell," how much of the plane 

18 could hear? 

19 A. I would say probably half of the plane. 

20 Q. Did the passengers notice? 

21 A. Oh, yes ... well, the minute we had him up to 

22 the front of the plane, the entire plane had their 

23 focus on the front. 

24 Q. What happened after he started yelling? 

25 A. Mr. Mollica told him to be quiet, and that 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 88 

1 they were just going to go sit down. He proceeded 

2 towards the Row 3. 

3 Q. Did Mr. Wallaesa comply with that 

4 instruction? 

5 A. He started walking, and when they got to Row 

6 3, he kind of bucked back towards Agent Mollica, and it 

7 was at that point that Agent Mollica laid him down into 

8 the row of seats. 

9 Q. When you say, "bucked back," can you describe 

10 that for me. 

11 A. Well, he was cuffed from behind, so he was 

12 leaning back towards the Agent kind of trying to push 

13 him back on ... it looked like he was trying to get 

14 free. 

15 Q. And, then what happened? 

16 A. And, then it was at that point that Agent 

17 Mollica laid him down into the row of seats in Row 3, 

18 and he lifted him up and slid him over by the window, 

19 and then sat next to him, and they buckled him, Mr. 

20 Wallaesa and buckled himself up. 

21 Q. Were there any other events concerning Mr. 

22 Wallaesa from then until the end of the flight? 

23 A. No. 

24 Q. Was the describe the arrival at Las Vegas 

25 when you pulled up to the gate? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 89 

1 A. Well, when we arrived we had, there was TSA 

2 personnel, there was FBI personnel, and there was local 

3 law enforcement, Las Vegas Police, and Southwest 

4 Airlines supervisors. 

5 Q. Were there law enforcement agents? 

6 A Yes, there was FBI Agents, there was Las 

7 Vegas Police, and there was TSA. 

8 Q. Has anything like this happened before this 

9 flight? 

10 A. No. 

11 Q. Has anything happened since the flight? 

12 A. No. 

13 Q. Okay, are you trained to deal with unruly 

14 passengers? 

15 A. Yes. 

16 Q. Can you describe what that training involves? 

17 A. Basically, it is a ... we are taught to try 

18 to talk things down to a certain level where we can 

19 control it. Find out what the problem is, find out how 

20 we can resolve it peacefully, so no one gets hurt or 

21 offended, or you know, in any way discombobulated. And 

22 basically, that just involves asking about the problem 

23 ... how can we fix this for you? What is the 

24 situation, and then ... you know, how we can get all of 

25 the parties involved to comply with what we need them 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 90 

1 to comply with. 

2 Q. Are you trained to detect suspicious activity 

3 on a plane? 

4 A. Yes, I mean, throughout the flight beginning 

5 and end ... you know, we are trained to evaluate the 

6 passengers behavior, evaluate ... you know, even in 

7 regards to the aircraft itself. Any smells, is there a 

8 funny sound, is there a ... you know, all of that type 

9 of stuff. Have a situational awareness basically of 

10 what is going on with the plane with the passengers and 

11 with the plane itself. 

12 Q. What are some signs that you are trained to 

13 look for in passengers as they board or throughout the 

14 flight? 

15 A. Well, obviously intoxication, if they are 

16 being unruly, if they are being rude, if they are being 

17 loud and obnoxious, if they are being ... you know, if 

18 they are constantly fighting with other passengers, if 

19 they are acting suspiciously constantly watching 

20 us, making suspicious movements, spending a lot ·of time 

21 in the lav that type of thing. 

22 Q. When the "Fasten Seatbelt" sign is on, how 

23 important is it for passengers to remain seated? 

24 A. It is extremely important. 

25 Q. Why? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 91 

1 A. Well, they can hurt themselves, they can hurt 

2 other people that are around them, and that is it in a 

3 nut shell. They can get hurt and they hurt other 

4 people. 

5 Q. From a safety standpoint, would you consider 

6 one of your duties to maintain an orderly cabin? 

7 A. Definitely. 

8 Q. To what extent would having passengers up 

9 while the seatbelt sign is on interfere with that? 

10 A. That would be detrimental. We wouldn't be 

11 able to do our duties for one thing. We wouldn't be 

12 able to get to an emergency if we had to if we had a 

13 bunch of people standing in the aisle, and it would be 

14 not a safe situation for anybody. People standing or 

15 the people that are around them. 

16 Q. At any point that you interacted with Mr. 

17 Wallaesa, did he state that he was on medication? 

18 A. No. 

19 Q. Did he state that he needed medical 

20 assistance? 

21 A. No. 

22 Q. Thank you, nothing further. 

23 THE COURT: Cross examine? 

2 4 CROSS EXAMINATION BY 

2 5 MR. WALLAESA: 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 92 

1 Q. I asked Ms. Moorman previously, and I am 

2 going to ask you the same question, have you ever been 

3 on any flights where there were medical emergencies 

4 prior to November 6 of 2009? 

5 A. Yes. 

6 Q. And, what kind of emergencies . . . first, how 

7 many? 

8 A. If I recall, there were two. 

9 Q. And, what were those types of emergencies? 

10 A. One of them I remember was a ... an allergic 

11 reaction to something, and I don't remember what the 

12 I don't recall what the other one was. 

13 Q. Okay, so about the allergic reaction, .how 

14 does how did that manifest? How did you know 

15 somebody was having an allergic reaction? 

16 A. Well, the lady informed us ... without 

17 getting into specifics, she told the crew that she was 

18 allergic to certain perfumes and colognes, and she 

19 needed to make sure she wasn't seated near anyone that 

20 had a lot of colognes on. So, she moved several times 

21 during the flight. The lavatory was sprayed with a 

22 certain deodorizer and that affected her, so we had to 

23 take her to the front of the plane, and had to 

24 administer oxygen, and call our medical consultant to 

25 get advice. That is how that was handled. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 93 

1 Q. Okay, and during that whole time, you had to 

2 pay attention to her, and service her needs for that 

3 for the entire situation on that flight? 

4 A. That is correct. 

5 Q. And, how long did that last on that flight? 

6 A. I would say it probably took about ... 

7 Q. Percentage-wise? 

8 A. Percentage-wise, probably about 50 percent of 

9 that flight~ 

10 Q. Was the servicing her for her reaction? 

11 A. Correct. 

12 Q. When you spoke about Mr. Wallaesa's demeanor, 

13 you said, "unfocused," what does that mean? What does 

14 "unfocused" mean? 

15 A. It means he was hearing what we were saying, 

16 but just didn't want to comply because he wasn't 

17 focusing on what we were telling him, he was just 

18 focusing on what he was saying. 

19 Q. Okay, would you consider that a medical 

20 condition, or a 

21 A. No. 

22 Q. When you ... if somebody was medically 

23 medically needed to use the lavatory on a plane, would 

24 it be advisable to leave them in their seat, or would 

25 it be necessary to get them to the lavatory as soon as 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 94 

1 possible? 

2 A. Obviously, it would be necessary to get them 

3 to the lavatory if they ... if it was for a medical 

4 reason, they needed the lavatory, then they needed to 

5 get to the lavatory. 

6 Q. Even if the "Fasten Seatbelt" sign was on ... 

7 foregoing massive turbulence? 

8 A. During "massive turbulence," I would say, no. 

9 Q. Right, but I said, "foregoing" that. 

10 A. I am sorry? 

11 Q. Foregoing that, if the seatbelt sign is on, 

12 it is relatively smooth, you would take that person to 

13 the lava tory, even though it 

14 A. If they were in need of medical attention, 

15 yes, I would. 

16 Q. All right. Now, when you stated, "Mr. 

17 Wallaesa bucked backwards as he was moving to Row 3 

18 with the Special Agent Mollica," approximately how high 

19 are the overhead bins on the plane from the floor of 

20 the plane? 

21 A. Okay, I am not sure I am understanding what 

22 you are asking. 

23 Q. So, from the floor of the plane to the bottom 

24 of the overhead bin, what is the height approximate? 

25 A. Well, I am about 6'1", and I have to bend 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 95 

1 over about like this (indicating), so I would say they 

2 are approximately 4 and a half, 5 feet, maybe a little 

3 less than that. I am not sure what the exact height 

4 that is. 

5 Q. Okay, so I am going to stand up for a second. 

6 A. Okay. 

7 Q. How would you estimate my height? 

8 A. You are over 6 feet. 

9 Q. I think you are being generous there a 

10 little. I will take that. So, you would estimate that 

11 the overhead bin would come to about ... maybe here 

12 (indicating)? 

13 A. Ah, no, a little higher than that. 

14 Q. Here? 

15 A. Are you talking about the bottom of the bin 

16 itself? 

17 Q. Yes. 

18 A. Maybe a little bit higher, about at eye 

19 level, maybe. 

20 Q. So if I was ... 

21 A. Maybe a little taller than that. It is hard 

22 to say just looking at you . 

23 Q. . . . so let's just keep the situation of how 

24 we are describing the area of the plane ... 

25 THE COURT: Mr. Wallaesa is holding his 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 96 

1 hand about mouth high, that is not going to be shown on 

2 the record. 

3 MR. WALLAESA: I apologize 

4 THE COURT: No, you let me talk, and then 

5 you talk. It is not going to show on the record unless 

6 you indicate what you are indicating. So, you were 

7 holding your hand about "mouth" high, and then the 

8 response was maybe about "eye" high. Is that thank 

9 you, you can go ahead, but please sit and use the 

10 microphone. You need to pull it closer to you. 

11 MR. WALLAESA: Yes, sir. 

12 THE COURT: I am having difficulty 

13 hearing you. 

14 MR. WALLAESA: Yes, Your Honor, I just 

15 needed the demonstration. 

16 THE COURT: Yes, I understand. 

17 MR. WALLAESA: The height of the ... I 

18 just need to stand for one more second. 

19 THE COURT: All right. Okay. 

20 Q. So, if I was if I was walking towards the 

21 back of the plane with the right side seats and 

22 entering the seats towards the right of the plane, 

23 where Mr. Wallaesa was originally seated, Row 3, you 

24 would say that somebody of my height would have to duck 

25 to get underneath the ... 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 97 

1 A. I would say there would be a certain amount 

2 of ducking involved, yes, you wouldn't be able to walk 

3 with your head held high straight into the row of 

4 seats, that is correct. 

5 Q. Okay. So, when was your first interaction 

6 with Mr. Wallaesa on the flight? 

7 A. When Wendy brought him to the back of the 

8 plane to discuss that he shouldn't be talking to Ms. 

9 Tomchik. 

10 Q. Do you have an approximate time for that into 

11 the flight, length-wise, or percentage-wise? 

12 A. I would say it was probably about 45 minutes 

13 to an hour into the flight, approximately. 

14 Q. And the ... when Mr. Wallaesa was seated at 

15 the back of the plane, you said he used the rear 

16 lavatory, and sat back down and got back up and sat 

17 back down, what time frame do you think that was before 

18 Mr. Wallaesa headed towards the front of the plane 

19 again? 

20 A. I would say that is probably about . . . maybe 

21 about two-thirds into the flight, maybe. 

22 Q. Okay. 

23 A. But, it was definitely before we were called 

24 to sit down. So, maybe three hours in or so. 

25 Q. So, by that time, the Captain had not called 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 98 

1 all everybody to sit down on the plane? 

2 A. At what point? 

3 Q. You said it was before we were called to sit 

4 down, is that correct? 

5 A. Correct. 

6 Q. So you weren't called to sit down ... 

7 everybody ... to have everybody sit down on the plane, 

8 including the flight crew at that time? 

9 A. Correct. 

10 Q. Okay. So, when Mr. Wallaesa went back to the 

11 front of the plane you said you went to contact him as 

12 he walked to the front of the plane. 

13 A. Correct. 

14 Q. About what time frame was that? 

15 A. An hour out. 

16 Q. An hour out from Las Vegas? 

17 A. Correct. 

18 Q. And then finally, when Mr. Wallaesa was 

19 finally seated again, that was approximately when? 

20 A. I would say that it was ... we were getting 

21 close to final decent, so it was no longer than half an 

22 hour to 25 minutes out from Las Vegas. 

23 Q. Okay, so when you discussed with I am 

24 sorry, when Mr. Wallaesa was being led back to his seat 

25 with Agent Mollica, were there any people towards the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 99 

1 back of the plane? Could you see anybody towards the 

2 back of the plane at that time? 

3 A. I could see the passengers that were seated, 

4 yes. 

5 Q. Was there anybody unseated in the aisle at 

6 that time? 

7 A. In the aisle? Not that I remember, there 

8 might have been one passenger that was going to sit in 

9 the same row as Row 3, but I don't recall that. 

10 Q. Okay, just ... I am trying to clarify the 

11 information. When you asked Mr. Wallaesa for his 

12 information at the back of the plane, did he comply 

13 with that request? 

14 A. Yes, he did. 

15 Q. Was there any resistance to that request? 

16 A. No. 

17 Q. At any point in time in your dealings with 

18 Mr. Wallaesa, did he threaten you, your physical 

19 person, or threaten to do anything to the plane? 

20 A. No. 

21 Q. Did he threaten any of the other flight 

22 attendants that you know of? 

23 A. I wasn't witness to any of that if he did. 

24 Q. Okay. I am done. That is it. 

25 THE COURT: Redirect? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 100 

1 REDIRECT EXAMINATION 

2 BY MR. STUART: 

3 Q. Mr. Dumond, were there any other passengers 

4 on the flight who refused to sit down if they were 

5 asked to? 

6 A. Not that I can recall, no. 

7 Q. Do you recall Mr. Wallaesa 

8 THE COURT: Were any others asked to? 

9 THE WITNESS: I beg your pardon? 

10 THE COURT: Were any others asked to? 

11 THE WITNESS: I don't recall asking any 

12 other passengers to sit down, other than the general 

13 announcements that we make to sit down ... 

14 THE COURT: Thank you, sir. 

15 Q. What was Mr. Wallaesa's demeanor as he walked 

16 up the aisle? 

17 A. At what point? 

18 Q. From the last time he went up to the aisle 

19 the last time he walked up the aisle, which ended 

20 in him being in the galley with ... 

21 A. What was his demeanor, is that what you are 

22 asking me? 

23 Q. Yes? 

24 A. He seemed like he was focused on what he 

25 wanted to do. He seemed ... He was ... I would say he 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 101 

1 was upset, but I wouldn't say he was overwrought. I 

2 mean he just looked like he wanted to do what he wanted 

3 to do. 

4 Q. How quickly or slowly did he move up the 

5 aisle? 

6 A. Pretty rapidly. I mean it took me from ... 

7 he was sitting in Row 18, which is about maybe four 

8 rows from where I was sitting, which is maybe three 

9 steps, four steps from me, and it took me until he got 

10 to Row 4 to catch up with him. And, I got up 

11 immediately when he got up. 

12 Q. And the seatbelt sign was on this entire 

13 time? 

14 A. Yes, it was. From the minute the Captain 

15 calls back and tells us that we were to be seated for 

16 turbulence is was on from them until we landed in Las 

17 Vegas. 

18 Q. The issues that you confronted with Mr. 

19 Wallaesa on that flight, did you have to confront those 

20 issues with any other passengers? 

21 A. No. 

22 Q. Okay. When you are focusing your attention 

23 on a passenger who needs medical care, are the other 

24 flight attendants also focused on that passenger, or 

25 are they assisting other passengers? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 102 

1 A. Well, it depends on the severity of the event 

2 if someone is just maybe having getting air sick, 

3 or feeling a little faint, or things like that, then 

4 no, it might just be me. If there is a heart attack 

5 victim, we have to perform CPR, and then, yes, there is 

6 going to be two of us, and maybe even three depending 

7 on what the situation is. We may have to move the 

8 passenger to a different place in the plane so we can 

9 perform CPR, or do some sort of First Aid, so it 

10 depends on the situation. But, there are cases when it 

11 is either just myself or two. 

12 Q. Thank you, Mr. Dumond, nothing further. 

13 THE COURT: Thank you, Sir, you can step 

14 down. Call your next witness? 

15 MR. STUART: One moment, Your Honor. The 

16 Complainant calls, FBI Agent Mollica up to the stand. 

17 THE COURT: Raise your right hand and 

18 stand. Do you solemnly swear the testimony you are 

19 about to give will be the truth, the whole truth, and 

20 nothing but the truth, so help you God? 

21 THE WITNESS: I do. 

22 THE COURT: You may be seated. 

23 (WHEREUPON, AGENT MOLLICA, having been duly sworn, was 

24 examined and testified as follows:) 

2 5 DIRECT EXAMINATION 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 103 

1 BY MR. STUART : 

2 Q. Good morning, Agent Mollica. 

3 A. Good morning. 

4 Q. Would you state your name for the record, 

5 please. 

6 A. Yes, James Mollica, that is M-o-1-1-i-c-a. 

7 Q. And, are you employed, Mr. Mollica? 

8 A. Yes, I am employed by the FBI. I am 

9 currently stationed in the Las Vegas Field Office. 

10 Q. Okay, how long have you been an FBI Agent? 

11 A. It will be nine years in November. 

12 Q. What did you do before you were an FBI Agent? 

13 A. Before I was an FBI Agent, I was an 

14 accountant. I am still currently certified as a CPA in 

15 Pennsylvania. 

16 Q. And, that is a Certified Public Accountant? 

17 A. Yes, sir. 

18 Q. Do you recall where you were on November 6, 

19 2009? 

20 A. Yes, at that time, I was actually stationed 

21 in the Baltimore Field Office, and I was going ... 

22 traveling to Las Vegas that day. 

23 Q. Excuse me, let me ask you, what are some of 

24 your duties as an FBI Agent? 

25 A. Currently, and during the time of the event, 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 104 

1 working violent crime matters to include bank robbery, 

2 armored car robberies, commercial store robberies, I 

3 work gangs and drugs, a whole lot of things. 

4 Q. Does the term "airport liaison agent" mean 

5 anything to you? 

6 A. Yes, I am currently the "airport liaison 

7 agent" for Las Vegas, and that means that any criminal 

8 matters that happen any time there is an unruly 

9 passenger, or anything they will give me a call, and I 

10 will go down to the airport and you know, kind of sort 

11 things out ... determine if I would need to arrest that 

12 person, or if it was a customer service issue. 

13 Q. Is that your exclusive duty now in Las Vegas, 

14 or do you do other things? 

15 A. No, I am still doing the ... you know, the 

16 bank robberies, the gangs, and I also work with the 

17 Juvenile prostitutes and the pimps now out in Las 

18 Vegas. 

19 Q. Do you recall where you were on November 6, 

20 200 9? 

21 A. Yes, I was departing BWI on my way to Las 

22 Vegas, McCarran International. 

23 Q. Were you on duty then? 

24 A. I consider myself on duty. When I get to the 

25 airport, I check in. I let them know that I will be 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 105 

1 flying armed. I fill out some special paperwork, and 

2 before I board, I let them know that ... you know at 

3 the gate, that I am their "LEO" for the flight, that is 

4 the Law Enforcement Officer. That day I had my firearm 

5 on me, I had an ASP, and I also have a pair of 

6 handcuffs. I'm not allowed 

7 THE COURT: I am sorry, what did you say 

8 before the pair of handcuffs? 

9 THE WITNESS: An ASP, it is kind of like 

10 a six-inch baton that will expand. 

11 THE COURT: How do you spell that? 

12 THE WITNESS: A-S-P. 

13 THE COURT: Thank you. 

14 A. And, you know I consider our self on duty, 

15 because you know we can't drink or anything while we 

16 are on the flight, and you know, I usually pre-board. 

17 I go up, I introduce myself to the pilot, you know I 

18 try to make contact with the crew ... the flight crew 

19 that is on there. And, the flight attendants, and you 

20 know, I just let them know that if they need anything 

21 at all, that you know, I am available to assist. 

22 THE COURT: But, you were ... you were 

23 not assigned specifically to provide security on this 

24 flight? 

25 THE WITNESS: That is correct, yes. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 106 

1 THE COURT: Thank you, okay. 

2 Q. Where were you seated? 

3 A. I was seated approximately six or seven rows 

4 facing the tail, which would be on the right side in 

5 the aisle seat. I like to sit in the aisle seat, so if 

6 anything does happen up front, I can respond quickly. 

7 Q. Did anything out of the ordinary happen on 

8 that flight? 

9 A. I noticed ... you know, towards the ... you 

10 know, past the middle of the flight, I know where 

11 somewhere during the flight, I noticed some people 

12 switching seats, and then somebody ... Brian had come 

13 to the front of the plane here, and the flight 

14 attendants were telling him he needed to take his seat, 

15 and you know, I kind of I noticed a lot going on up 

16 there. 

17 Q. When you say "Brian," who do you mean? 

18 A. Brian Wallaesa. 

19 Q. Okay, and when you say, "some people 

20 switching seats," how far into the flight was that, 

21 roughly? 

22 A. I can't recall. I want to say, you know, 

23 early on to mid-way. 

24 Q. And, where was that seat switching taking 

25 place? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 107 

1 A. It looked like it was up in front of me. 

2 Since Southwest, there is no ... you know, assigned 

3 seating, I assumed that it was maybe, you know, two 

4 people that got on, and couldn't sit next to each 

5 other, but were you know, were trying to sit next 

6 to each other. You know, just asking ... you know, if 

7 somebody would switch or something, so they can ... you 

8 know, if they knew each other, they could sit there and 

9 talk. 

10 Q. Were you summoned by the flight attendants to 

11 assist? 

12 A. Yes, after they were in the middle there, 

13 telling Brian to go back to his seat, they brought him 

14 to the front of the plane, and then they were talking 

15 to him, I was kind of keeping my eye on things. And, I 

16 saw Wendy look down and point to me, and she said, "We 

17 need your help now." So, I immediately proceeded to 

18 the front of the plane. 

19 Q. And, what happened once you went to the front 

20 of the plane? 

21 A. I went to the front of the plane, and you 

22 know, they kind of had Brian in the galley area there, 

23 so I stood between Brian and the flight attendants, 

24 because I thought there was kind of a problem. And, 

25 you know, I asked him ... I said, "hey, what is going 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 108 

1 on up here?" And Brian said, "you know, I need to talk 

2 to Jaime." And, you know, I might have asked him 

3 you know, if he knew Jamie. And he said, "he met her 

4 on the flight." At that time, one of the flight 

5 attendants said that he was harassing a female 

6 passenger, and they had moved his seat to the rear of 

7 the plane, and he keeps coming to the front of the 

8 plane. 

9 Q. Uh-huh (indicating affirmatively) Did you 

10 talk to Mr. Wallaesa at that point? 

11 A. Yes, I got his name, and you know, was trying 

12 to ... you know, build some rapport with him, and I 

13 asked him what he was going out to Vegas for. He said 

14 he was you know, going out there for an After 

15 Market Car Parts Show. I said, "Hey, you know, I am 

16 going out there for a little vacation too. I am 

17 excited to get there." You know, part of that is us 

18 arriving safely, so I told him, "he needed to listen to 

19 the flight attendants and go back to his seat." 

20 Q. How did he respond? 

21 A. He said, "I am not going back until ... you 

22 know, I talk to Jaime." You know, I continued to 

23 question him . . . you know, I told him, you know, there 

24 is going to be plenty other girls out in Vegas for him 

25 to talk to. I gave him a couple of other options. His 

I 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 109 

1 answers always continued to be, you know, focused 

2 around Jaime. "I want to talk to Jaime, I don't care, 

3 I need to talk to Jaime." You know, I suggested that 

4 ... "you know, how about having clear us some seats up 

5 front here, we take a seat, we will finish the flight, 

6 and we will be on our way. And, you know, we can both 

7 start our vacations." He said, "he didn't care, he 

8 wanted to talk to Jaime. II 

9 Q. When you told him this, how did you say that? 

10 What was your affect, your volume of your voice, sir? 

11 A. I was just talking to him normal. I was 

12 just, you know, trying to reason with him, and you 

13 know, kind of trying to diffuse the situation. I did 

14 not escalate my voice at all. It was just kind of 

15 normal conversation, you know, he understood what I was 

16 saying, but he just ... he just didn't want to, you 

17 know, use one of the options that I gave him. 

18 THE COURT: Did you identify yourself as 

19 an Agent? 

20 THE WITNESS: Yes, I believe when I went 

21 up there, I identified myself. I said, "Hi, you know, 

22 I am Agent Mollica, and then I think I believe ... I 

23 know for a fact towards the end, I said, "hey, just so 

24 we are clear on everything," I told him . . . 11 I am a law 

25 enforcement officer, and you know, you can do this the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 110 

1 easy way or the hard way." And I said, "the easy way 

2 would be you know, again, you know have them clear 

3 some seats, we will sit down, you know, we will finish 

4 the flight, and we will be on our way." "The hard way 

5 is" ... you know, I said ... "you are going to finish 

6 the flight in handcuffs if you don't listen and sit 

7 down." And, I said, "I would rather do things the easy 

8 way, you know, for everybody." And, he said "he didn't 

9 care, he wanted to talk to Jaime." 

10 Q. Did you identify yourself as an FBI Agent 

11 before you put him in handcuffs? 

12 A. I specifically said that, "I am a law 

13 enforcement officer." I don't recall if I said I was 

14 an FBI Agent. 

15 Q. Okay. So, you did testify you put him in 

16 handcuffs? 

17 A. Yes, I did put him in handcuffs. Yes, I told 

18 him to turn around. 

19 Q. Did he comply with that instruction? 

20 A. I think I had to tell him twice, and you 

21 know, he was turning around slow, so I kind of spun him 

22 a little bit more ... you know, nobody likes being put 

23 in handcuffs, so ... 

24 Q. What was his demeanor throughout your 

25 interaction with him up to handcuffing him? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 111 

1 A. He was focused on talking to Jaime. He had 

2 wide eyes, and he was kind of sweating a little bit. 

3 And, you know, if I had to describe it, I would say he 

4 was ... you know, in attack mode, and you know, he was 

5 ready to do something something stupid. 

6 Q. Did you ... did he tell you he was on 

7 medication? 

8 A. No, he did not. 

9 Q. Did he tell you he needed medical assistance? 

10 A. No, he did not. 

11 Q. After you had him handcuffed, what happened? 

12 A. After I had him handcuffed, I asked the 

13 flight attendants to clear some seats on the right hand 

14 side. I wanted to put him up against the window, and I 

15 would sit in the middle seat, I know we had a full 

16 flight that day, and you know, I wanted to keep my gun 

17 as far away as possible from Brian. So, they went 

18 ahead and did that, and cleared some seats out for us, 

19 and you know, I explained to Brian that it would be in 

20 his best interest to ... you know, cooperate and you 

21 know take his seat, and you know ... not cause any 

22 more problems. You know ... because he was being a 

23 disruption. 

24 Q. Agent Mollica, where were you when you told 

25 him this? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 112 

1 A. We were still at the front of the plane. 

2 Q. And, how did he respond? 

3 A. He said that he understood and you know, he 

4 complied and ... you know, agreed to you know, 

5 cooperate at that point. 

6 Q. Okay, and then what happened? 

7 A. At that point, I began escorting him to his 

8 seat, and he started yelling, "I want to say something 

9 to everybody on the plane." So, I grabbed him and I 

10 pulled him back up, because he is yelling at this 

11 point, you know, everybody knows that ... you know, 

12 something is going on, and you know, I don't know what 

13 he is going to start yelling. 

14 Q. Judge, may I approach the witne~s? 

15 THE COURT: Yes. 

16 Q. Agent Mollica, I would like for you to stand 

17 up, please, and show me, if you can, show the Court 

18 what happened there. 

19 A. Well, this didn't happen until the second 

20 time. 

21 Q. Uh-huh (indicating affirmatively) . 

22 A. The first time, you know, I just brought him 

23 back I think we are a little bit ahead here. 

24 Q. Uh-huh (indicating affirmatively) . Okay, so 

25 you had him ... 

------------------------------
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 113 

1 A. So there is a conversation back at the 

2 galley, and then there is the problem. 

3 Q. Okay. 

4 A. Do you want to go back to the convers ... 

5 Q. You put the handcuffs on him. 

6 A. Okay, I had a ... after I put the handcuffs, 

7 you know, and he starts yelling, and then we go back up 

8 to the front of the plane. He says he wants to get on 

9 the PA system and say something. I say, "no, that is 

10 not happening." Again, he is persistent, he says, "I 

11 am not sitting down until I can say something on the PA 

12 system." I said, "look, that is not happening today. I 

13 said, you need to be quiet. You are causing a 

14 disruption, you need to ... you know, behave, because 

15 you are making things worse for yourself." I'd say we 

16 spent, you know, four or five minutes up there, you 

17 know, I thought I had him calmed down at that point, 

18 and you know, he agreed to comply again. So, again, at 

19 that point, we started making our way towards the seats 

20 that they had cleared for us. 

21 Q. Okay. So, at that point his hands were 

22 behind his back. Is that correct? 

23 A. At that point, his hands were behind his 

2 4 back. I got my hand on his arm. 

25 Q. And, which way were you facing in the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 114 

1 airplane? 

2 A. We were facing towards the tail. I got my 

3 left arm I got my left hand on his right arm. And 

4 I am escorting him ... just, we are going down the 

5 aisle way, and before we got to the seats, he kind of 

6 bucked back, and you know, my shoulder caught him here 

7 (indicating), and my hand caught him here (indicating), 

8 and I just kind of lowered my center of gravity. I ... 

9 you know, squatted down so he couldn't knock me over. 

10 THE COURT: You are indicating your 

11 shoulder in the middle of his back, and your right hand 

12 on his right shoulder. 

13 THE WITNESS: I would say, yes, his back 

14 made contact with my left shoulder, and my right hand I 

15 also put on his back to kind of brace him ... to keep 

16 him steady. He continued to apply pressure, and he was 

17 yelling, and he was trying to push me backwards. 

18 THE COURT: Yelling what? 

19 THE WITNESS: I don't know what he was 

20 yelling exactly because I was fighting with him. I 

21 think it was something to the effect ... you know, "I 

22 need to say something," and I was in a struggle with 

23 him, because he was ... he is bigger than me, he weighs 

24 more than me. He was putting all of his pressure on 

25 me. I had to forcefully push him forward about two or 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 115 

1 three steps, and as I was pushing him, he stood back 

2 like this, and I was able to kind of work my arm up and 

3 I got my back to the row that was cleared out. 

4 Previously, some of the passengers that were sitting 

5 behind the row that was cleared out, they went ahead 

6 and pulled the arm rests up, so it was just kind of an 

7 open seat there ... a large seat. And when I got my 

8 back to the seat area, and I had kind of it bracing me 

9 ... I was able to kind of push him forward and then 

10 yank him down into the seat. And I continued to apply 

11 an arm bar, and put my right arm, which was free across 

12 his back to kind of keep him down in the seat also. 

13 Q. Agent Mollica, when you say "buck back," how 

14 much force? About that much force? (Demonstrating) 

15 A. It was strong. I mean I was ready for it, if 

16 it was anybody else, it might have knocked them over, 

17 but I was just . . . because I was aware of the 

18 situation, and he was giving us a problem, I was 

19 prepped for it, and ... 

20 Q. Thank you. Agent Mollica, when you had to 

21 push Mr. Wallaesa into the seat ... 

22 A. Yes. 

23 Q. ... how concerned were you for your own 

24 safety? 

25 A. You know, I was concerned for my safety, and 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 116 

1 you know, everybody else's safety on the plane. You 

2 know, some people are scared enough flying, and you 

3 know there is other things ... you know, the entire 

4 time I am talking to him, I am keeping my eye down the 

5 aisle, because I don't know if he has got buddies on 

6 the plane that are going to come help him. Post-911, 

7 you know, we often worry about is this something that 

8 you know, is he doing a distraction to draw me out, 

9 because somebody else is going to do something on the 

10 plane. These are all things that you know, we got 

11 to kind of consider. Also, because a plane is so 

12 tight, you know, everything that they teach us is 

13 you know, get distance, get to your gun. You know, on 

14 a plane, you really don't have that option. Ydu know, 

15 it is, you're hands on if somebody wants to do 

16 anything. So, when I got him down in the seat, I had 

17 the arm bar on him, I told him, you know, he needed to 

18 cooperate. I told him he needed to calm down. I told 

19 him he needed to stop yelling. Otherwise, we would 

20 finish the flight like this. I said I had no problem 

21 doing that. 

22 Q. And, did he comply with that? 

23 A. He said, he would like to sit up, and he said 

24 that he would be good. 

25 Q. And, where did you seat him? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 117 

1 A. I sat him ... we left him there ... I left 

2 him there for a minute or two just to continue to calm 

3 down, everybody's adrenaline was still going. I know a 

4 couple of people had jumped up to assist me, but I made 

5 sure ... you know, everybody, none of the passengers or 

6 anything nobody got kicked while any of this was 

7 going on or anything. I sat him up, I put his glasses 

8 back on, and I sat him in the window seat, and I seat 

9 bel ted him in. 

10 Q. Was there any conversation after that? 

11 A. After that, I believe Wendy came by and she 

12 said that ... you know, the police would be meeting us 

13 at the gate when we arrived. He made some unsolicited 

14 statements ... like, "Take your gun out and shoot me, 

15 it is all over for me, push me off the plane, I don't 

16 want to go on." I you know, again, I just I tried 

17 to talk to him, I said, "hey, you know a little bump in 

18 the road, it is not a big deal, you know, we will get 

19 through this. We will talk about it when, and you 

20 know, when we get down. You just need to kind of sit 

21 there and be quiet." 

22 Q. Had you ever experienced anything like this 

23 on an airplane prior to this flight? 

24 A. No, I had not. 

25 Q. And since then? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 118 

1 A. Me, personally, no. 

2 Q. No more questions. Thank you. 

3 THE COURT: Cross? 

4 CROSS EXAMINATION 

5 BY MR. WALLAESA: 

6 Q. So when you described Mr. Wallaesa's demeanor 

7 when you were speaking with him, was there any yelling 

8 or screaming when you were speaking to him initially? 

9 What was the level of his voice, or the level of his 

10 interaction with you at first? 

11 A. The level of his voice ... his voice was ... 

12 you know, he was intent on talking to Jaime. 

13 Q. But, what was the ... was it raised, was it 

14 lowered, was it medium, matter of fact? 

15 A. I wouldn't say it wasn't raised, .but you 

16 know, it was just a person who was determined to talk 

17 to Jaime. 

18 THE COURT: Excuse me, You said, "You 

19 wouldn't say it wasn't raised." Did you I took 

20 from that that you meant you wouldn't say it was 

21 raised. Is that what you meant? 

22 THE WITNESS: Yes. 

23 THE COURT: I just want to get the record 

24 clear. 

25 THE WITNESS: Okay. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 119 

1 MR. WALLAESA: Thank you, sir. 

2 Q. Just ... and how much was the width between 

3 the seats ... how wide was the aisle of the plane? And 

4 I am looking at the distan9e between the edge of this 

5 desk to the edge of that desk as about ... a few ... is 

6 it ... would you estimate an amount to what about two 

7 feet, would be about reasonable for the ... 

8 THE COURT: I will observe from here that 

9 the distance that you are referring to is not two feet. 

10 MR. WALLAESA: Right, that is why ... 

11 THE COURT: So, let's try to avoid 

12 references that aren't going to make any sense in the 

13 record. 

14 Q. Okay, would you say that the width of the 

15 aisle was roughly two feet or so? 

16 A. I would say it is wide enough for the average 

17 person to walk down an aisle and get to their seat. 

18 Q. Just about one person? 

19 A. Yes. 

20 Q. So, you were leading Mr. Wallaesa back to the 

21 seat, Mr. Wallaesa was in front of you and you were 

22 basically directly behind him. 

23 A. That is correct. 

24 Q. And, could you please stand up ... how high 

25 do you estimate yourself to be, your own height? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 120 

1 A. I am about 5'6". 

2 Q. So, if I stand up there is a difference in 

3 our height. 

4 A. That is correct. 

5 Q. You can sit down, thank you. So estimating 

6 the fact that your height would be about 5' 6", and Mr. 

7 Wallaesa ... Mr. Dumond had estimated about 6 feet. I 

8 would say that is close to correct. That would be 

9 about a five to six inch discrepancy in height. 

10 A. Yes, if you were 6 foot, then that would be 

11 half a foot. 

12 Q. So, when you were leading Mr. Wallaesa back 

13 to his seat, you couldn't see in front of Mr. Wallaesa 

14 ... you couldn't see what Mr. Wallaesa was seeing in 

15 front of him? You could just see Mr. Wallaesa's back, 

16 basically? 

17 A. No, I could kind of see around him, you know, 

18 I was aware of what was going on on the plane. 

19 Q. And, you said that the other people that 

20 jumped in to help when you were leading Mr. Wallaesa 

21 back ... 

22 THE COURT: He didn't say that. 

23 THE WITNESS: I did say that. 

24 THE COURT: No, you can't predicate a 

25 question on facts that aren't in evidence. He said 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 121 

1 that people got up possibly to help. He didn't say 

2 anybody jumped 

3 MR. WALLAESA: Okay, okay, I didn't mean 

4 to ... that wasn't 

5 THE COURT: No, that is what you said. 

6 MR. WALLAESA: That is what I said. It 

7 wasn't what my intent was. I apologize, Your Honor, to 

8 the Court. 

9 THE COURT: That's alright. Ask your 

10 question, rephrase it. 

11 Q. You said that people got up to help, what 

12 about time was that? Was that when Mr. Wallaesa was on 

13 the seat, or when you were leading him back to the 

14 seat? Where ... when did the people get up to help? 

15 A. I think they got up when you bucked back and 

16 assaulted me, and they realized that it was a struggle 

17 between me and you. 

18 Q. Okay. What did these people do that got up? 

19 A. Again, they just stood up because I noticed a . 

20 couple of people standing up, and I am sure they were 

21 ready to assist, but I had the situation under control. 

22 Q. Okay, that is all I have. 

23 THE COURT: Redirect? 

24 MR. STUART: No Judge. 

25 THE COURT: Thank you very much. You may 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 122 

1 step down. 

2 (WHEREUPON, an off the record discussion was held.) 

3 THE COURT: On the record, we will 

4 adjourn until 1:15 p.m. 

5 (WHEREUPON, a break was held from 12:10 p.m. until 1:15 

6 p.m.) 

7 THE COURT: On the record, Mr. Stuart, do 

8 you have another witness? 

9 MR. STUART: Yes, Judge, the Complainant 

10 calls FAA Inspector William Driscoll. 

11 THE COURT: Thank you. Raise your right 

12 hand. Do you solemnly swear that the testimony. you are 

13 about to give will be the truth, the whole truth, and 

14 nothing but the truth, so help you God? 

15 THE WITNESS: I do. 

16 THE COURT: Please be seated. 

17 (WHEREUPON, MR. DRISCOLL, having been duly sworn by The 

18 Court, was examined and testified as follows:) 

19 DIRECT EXAMINATION 

20 BY MR. STUART: 

21 Q. Good afternoon. 

22 A. Good afternoon. 

23 Q. Will you state your name for the record, 

24 please. 

25 A. William Driscoll. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 123 

1 Q. And, are you employed Mr. Driscoll? 

2 A. I am. 

3 Q. Where do you work? 

4 A. With the Federal Aviation Administration. 

5 Q. How long have you worked for the FAA? 

6 A. It will be three years in September. 

7 Q. And, what do you do? 

8 A. I am an Aviation Safety Inspector. 

9 Q. Where are you located? 

10 A. At Washington, DC Headquarters. 

11 Q. Have you ever worked anywhere else for the 

12 FAA? 

13 A. I have, I was at the Minneapolis Flight 

14 Standards District Office. 

15 Q. And, roughly, when was that? 

16 A. From September of 09 until September of last 

17 year. 

18 Q. What were your duties there? 

19 A. I was a Principle Operations Inspector for 

20 Part 135 Carriers, had oversight of AG 137 Agricultural 

21 Aviation; 141, which are Flight Schools other General 

22 Aviation and Commercial Operations. 

23 Q. Are you a pilot? 

24 A. I am. 

25 Q. What certificates do you hold? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 124 

1 A. I have an Airline Transport Pilot Certificate 

2 in Rovercraft Helicopter Commercial Privileges in 

3 single and multi-engine airplanes; type rating in 

4 citation, and Airbus SIC type rating, and Bell 204 

5 Helicopter. 

6 Q. And, what does "SIC" mean? 

7 A. I am sorry, second in command. 

8 Q. And, are the other type ratings, PIC? 

9 A. Yes, that would be PIC ratings, Captain-type 

10 ratings, and I am a Certified Flight Instructor of 

11 airplanes and helicopters. 

12 Q. Okay, and "PIC" means, pilot in command? 

13 A. Yes. 

14 Q. What is your total flight time? 

15 A. Just over 9,000 hours. 

16 Q. Do you have any experience as an airline 

17 pilot? 

18 A. I do, I was with United Airlines for 12 

19 years. 

20 Q. What did you fly for them? 

21 A. Boeing 737 and Airbus 319, 320 Aircraft. 

22 Q. I would like to direct your attention to 

23 April 30, 2012, do you remember where you were on that 

24 day? 

25 A. Yes, Annapolis, Maryland. 

COURT. faePORTING 

Vld<ograph!; ~!!gallon 'F<Chnology n 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 125 

1 Q. And, what were you doing there? 

2 A. Witnessing the deposition of Ms. Tomchik. 

3 Q. Were you present during the deposition 

4 itself? 

5 A. I was. 

6 Q. Throughout the entire deposition? 

7 A. Yes. 

8 Q. Did you hear Ms. Tomchik identify herself ... 

9 A. Yes. 

10 Q. . .. during that deposition? 

11 A. Yes. 

12 Q. Did you have the chance to confirm her 

13 identity at any time on April 30, 2012? 

14 A. I did, I verified her Maryland State Driver's 

15 license. 

16 Q. Did you look at the picture on that driver's 

17 license? 

18 A. I did. 

19 Q. Did it match the face that you saw? 

20 A. Yes. 

21 Q. And, did the name ... do you recall the name 

22 on the drivers license? 

23 A. Yes, it was her name. 

24 Q. During the deposition, where were you 

25 sitting? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 126 

1 A. I was sitting between her and Mr. Wallaesa. 

2 Q. So, was she on your right side or left side? 

3 A. She was on my right side, and Mr. Wallaesa 

4 was to my left. 

5 Q. Do you recognize anyone in the room from that 

6 deposition? 

7 A. Yes, Mr. Wallaesa. 

8 Q. Let the record show that Mr. Driscoll just 

9 identified Brian Wallaesa as being present at the 

10 deposition on April 30th 2012. 

11 THE COURT: So ordered. 

12 MR. STUART: May I approach the Witness, 

13 Your Honor? 

14 THE COURT: Yes. 

15 Q. Mr. Driscoll, I have handed the Judge and the 

16 Court Reporter a copy of this. This is ... I am 

17 handing you what has been marked as Complainant 

18 Exhibit-C2. Does that look familiar? 

19 A. Yes, it does. 

20 Q. What is it? 

21 A. It is a transcript of the deposition. 

22 Q. Did you have a chance to review and read the 

23 transcript? 

24 A. I did. 

25 Q. The full transcript? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 127 

1 A. Yes. 

2 Q. Does it fairly and accurately represent and 

3 transcribe the deposition that you attended? 

4 A. Yes. 

5 Q. Inspector, I am handing you what has been 

6 marked as Complainant Exhibi t-3C, does this look 

7 familiar? 

8 A. Yes, it does. 

9 Q. What is it? 

10 A. It is a DVD/Video of the videoed deposition. 

11 Q. Have you had a chance to review that CD? 

12 A. I did. 

13 Q. Did it accurately depict the deposition as 

14 you attended? 

15 A. Yes. 

16 Q. And does the transcribed ... does the 

17 transcription accurately match the contents on the DVD? 

18 A. It does. 

19 Q. Inspector Driscoll, you testified that you 

20 flew 737's for United Airlines, correct? 

21 A. Yes. 

22 Q. As an airline pilot, what are some of your 

23 flight crew member duties, say in the en route portion 

24 of the flight? 

25 A. In the en route portion, we'd both diligence 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832~1 128 

1 for other aircraft in the area, monitoring aircraft 

2 systems, and taking care of air traffic communications. 

3 Q. And, are these general pilot duties that 

4 would apply regardless of what airline you fly for? 

5 A. Yes, they are. 

6 Q. Did you hear the previous testimony that the 

7 Captain on Southwest Flight 3049 ... 

8 MR. WALLAESA: Your Honor, may I object, 

9 may I object? 

10 THE COURT: Yes, how? 

11 MR. WALLAESA: This witness was intended 

12 to only as to swearing the fact that he was a witness 

13 to the testimony of ... given by Jaime Tomchik,_ not as 

14 to any other testimony of that matter. I agreed to the 

15 stipulation that he was to be allowed as a witness only 

16 to verify the testimony of Jaime Tomchik. The fact 

17 that he was present, and the fact that the information 

18 is accurate. 

19 THE COURT: Mr. Stuart, was this ·witness 

20 on your witness list? 

21 MR. STUART: He is on the Witness List, 

22 Your Honor, and I believe that he ... I listed the 

23 summary of what he'll be testifying to. I stated that, 

24 "Inspector Driscoll is expected to testify about the 

25 duties of Part 121 Commercial Flight Crew and potential 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 129 

1 interference with those duties if a problematic 

2 passenger is on board." So, Mr. Wallaesa was on notice 

3 that this witness would be testifying as such. 

4 THE COURT: Mr. Wallaesa, what I am 

5 hearing is that the stipulation related only to the 

6 authenticity of this document and its availability and 

7 was not coextensive with the proposed testimony of the 

8 witness. 

9 MR. WALLAESA: Correct. 

10 THE COURT: I will overrule your 

11 objection. 

12 MR. WALLAESA: Thank you, Your Honor. 

13 THE COURT: Go ahead, Mr. Stuart. 

14 CONTINUED DIRECT EXAMINATION 

15 BY MR. STUART: 

16 Q. Inspector Driscoll, did you hear the previous 

17 testimony about the Captain on Flight 3049, Southwest, 

18 having to call law enforcement officers? 

19 A. Yes. 

20 Q. To what extent, if any, would making such a 

21 call interfere with your duties as a flight crew 

22 member? 

23 A. In the usual scenario that you have a pilot 

24 flying who is going to be monitoring systems, the 

25 aircraft position, and a pilot not flying who handles 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 130 

1 ATC communications ... one of the two are going to have 

2 an increased workload as they deal with whatever 

3 situation arises. 

4 Q. Would calls from ... in this case, your 

5 testimony that the flight attendants and the FBI Agent 

6 were outside the cockpit in the galley area, correct? 

7 To what extent ... did you hear that? 

8 A. Yes, I did hear that, yes. 

9 Q. ... to what extent would calls between the 

10 flight crew members and the flight attendants in that 

11 scenario ... to what extent could that interfere with 

12 the flight crew member duties? 

13 A. It could distract either the ... usually, it 

14 is the pilot flying ... it depends, the Captain will 

15 probably say if he is the pilot flying will turn it 

16 over to the First Officer, and then he would focus on 

17 handling the situation in the background.· So, he would 

18 have the discussion with the flight attendant. Now, 

19 the First Officer may also be listening to the 

20 communications, and could be distracted from a radio 

21 call from Air Traffic control, or you know, just be 

22 distracted from some of the basic duties he has in that 

23 scenario. 

24 Q. Okay, thank you. No further questions. 

25 THE COURT: Cross examine. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 131 

1 CROSS EXAMINATION 

2 BY MR. WALLAESA: 

3 Q. You are currently an Inspector with the 

4 Federal Aviation Administration, is that correct? 

5 A. Correct. 

6 Q. In the duties of the Inspector, would you 

7 assign a citation such as the ones cited in this case? 

8 Would that be part of your duties currently? 

9 A. I am not sure I understand. 

10 Q. In other words, I have received a Citation 

11 for Violation of Section ... of certain Sections of the 

12 FAA Code, would you be able to oversee that 

13 information? 

14 A. Probably an inspector on the Air Carrier side 

15 of for the Air Carrier would process an enforcement 

16 action. In that scenario, I personally have not done 

17 that. 

18 Q. Okay. In your duties as a pilot ... previous 

19 duties as a pilot, have you ever encountered any 

20 situation where a flight had a medical or emergency 

21 any other emergency on board? 

22 A. Yes. 

23 Q. And how many times have you experienced that? 

24 A. You know, it was only a few. I don't 

25 remember any ... 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 132 

1 Q. A handful five, six, ten? 

2 A. Yes, probably five or less. 

3 Q. Five or less. Do you recall any of those 

4 emergencies? 

5 A. Nothing stood out as being a critical. I 

6 mean there was nothing that ever caused us to divert to 

7 another airport or anything like that. 

8 Q. Okay, and what type of ... so, there was no 

9 emergency in your time as a pilot that would cause a 

10 diversion? 

11 A. Correct. 

12 Q. In your understanding of the FAA code, if 

13 some of the ... if a flight was diverted due· to a 

14 medical emergency, such as a serious condition as a 

15 heart attack, would the person be cited under FAA code 

16 for having a heart attack while on board? 

17 A. Not to my knowledge. 

18 Q. Okay. I believe that is it. That is all I 

19 have. Thank you. 

20 THE COURT: Redirect. 

21 REDIRECT EXAMINATION 

22 BY MR. STUART: 

23 Q. Inspector Driscoll, would ... if you .know the 

24 answer, does a ... does having a heart attack on an 

25 aircraft constitute a violation of the Regs? 

COURT. faePORTiiNG Vld<ograph~ ~ligatioo T<Choology m 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 133 

1 A. No. 

2 Q. Thank you. Nothing further, Judge. 

3 THE COURT: Okay, thank you. Thank you, 

4 sir, you can step down. Does that conclude your case, 

5 Mr. Stuart? 

6 MR. STUART: Yes, Judge. 

7 THE COURT: Okay, do you want to move 

8 your remaining Exhibits? 

9 MR. STUART: Yes, Your Honor, if 

10 Complainant's Exhibit C1 through C3 have not been 

11 admitted, which I think they have not. 

12 THE COURT: 1 has, but 2 and 3 have not. 

13 MR. STUART: Complainant moves to admit 

14 Exhibit-C2 and Exhibit-C3. 

15 THE COURT: Any objections? Okay to 

16 move. 

17 THE COURT: All right, Mr. Wallaesa, do 

18 you want to call a Witness? 

19 MR. WALLAESA: Yes, I will call myself at 

20 this time. 

21 THE COURT: Okay, take the stand. Raise 

22 your right hand. Do you solemnly swear that the 

23 testimony you are about to give will be the truth, the 

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

25 God? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 134 

1 MR. WALLAESA: I do . 

2 (WHEREUPON, MR. WALLAESA, having been duly sworn by The 

3 Court, was examined and testified as follows:) 

4 DIRECT EXAMINATION 

5 BY MR. WALLAESA OF MR. WALLAESA: 

6 MR. WALLAESA: I apologize ... I was a 

7 passenger on board Flight 

8 THE COURT: You are going to need to 

9 speak up. 

10 MR. WALLAESA: I was a passenger on board 

11 the Southwest Airlines Flight on November 6, 2009, I am 

12 also the Respondent. I did board the plane. I arrived 

13 at the airport at 5:30 in the morning after leaving my 

14 place of residence sometime around 2:00 ~.m. that 

15 morning. When I began to board the flight, I was the 

16 second passenger in line behind a female passenger, 

17 that is listed as Ms. Jaime Tomchik. As I approached 

18 the jet way, they opened the door for the entrance to 

19 the jet way, and as that happened well, since it 

20 was November, cool air had blown in from the outside, 

21 and Ms. Tomchik had commented how she was cold from the 

22 burst of cold air. That began a conversation prior to 

23 boarding. 

24 I do remember boarding the plane and 

25 receiving a free complimentary alcoholic beverage for 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 135 

1 the flight, which I did redeem at some point in time on 

2 the flight, but I do not ... I do not remember exactly 

3 it was early in the flight, but I can't remember 

4 exactly when. But still, I had conversed with Ms. 

5 Tomchik ... for ... in my belief for at least an hour, 

6 if not an hour and a half and sometime during that time 

7 is when I received the beverage. I have no proof of 

8 that. I did not pay. I did not receive a receipt, and 

9 whatever was given to me to redeem that beverage, I 

10 gave back to the flight attendant at the time. 

11 Sometime during the conversation with 

·12 Ms. Tomchik, she got up and sat in the second row, 

13 middle seat of the plane. As she was seated in that 

14 plane . . . in that section of the plane, I do not 

15 remember speaking to Ms. Moorman first, I can remember 

16 getting up to speak with Jaime and Ms. Moorman 

17 intercepted me and then took me to the back of the 

18 plane where I spoke to Ms. Moorman and Mr. Dumond, and 

19 they sat me down as they stated somewhere ... but, I 

20 don't remember exactly what row, but I trust they think 

21 they are right Row 18, Aisle Seat where I remained 

22 seated for a time, I do not remember. I would almost 

23 agree with 45 minutes to an hour, as stated previously. 

24 I had gotten up to use the lavatory 

25 during that time and spoke with Mr. Dumond. At some 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 136 

1 point in time during that conversation, he took my 

2 driver's license and wrote down my information. I 

3 spoke to Mr. Dumond, and I asked to speak with Ms. 

4 Moorman again. I patiently waited in the back of the 

5 plane, as I believed Ms. Moorman was going to come back 

6 and speak to me again. When the flight was roughly ... 

7 I guess there was about ... I think the pilot on the 

8 estimation an hour left within the flight when I got up 

9 to speak with Ms. Moorman at the front of the plane. I 

10 was looking for Ms. Moorman at the front of the plane. 

11 And that is when Mr. Dumond, Susan Moorman and Mr. 

12 Mollica interacted with me. 

13 I do not remember the entirety of the 

14 interaction at the front of the plane. I do' remember 

15 being handcuffed and sent ... brought back to.my seat 

16 with Mr. Mollica. At some point in time, I ... at some 

17 point in time is when we were walking back. I don't 

18 remember, I may have said something, I don't remember 

19 what I said to be honest with you. I don't believe I 

20 said exactly what the witnesses had testified to, but I 

21 don't remember exactly what I said. Mr. Mollica did 

22 pull me back towards the front of the plane, and we 

23 walked slowly towards my seat. When I saw somebody 

2 4 jump up . . . what I would describe as "jump up" from the 

25 back towards the rear of the plane, and that is why I 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 137 

1 backed up, and which Mr. Mollica took as my inability 

2 ... as me resisting. I wasn't resisting, I just saw 

3 somebody pop up from the row behind the seat, which I 

4 was ... which of the row I was in. That was the 

5 reaction that caused me some Mr. Mollica to lay me on 

6 the front ... across the row of seats in the plane. 

7 After that, I did have some conversation with Mr. 

8 Mollica and then that was the end of the flight. The 

9 flight did arrive on time at its destination. 

10 MR. WALLAESA: That is what I have. 

11 THE COURT: That is it. Cross? 

12 CROSS EXAMINATION 

13 BY MR. STUART: 

14 Q. Mr. Wallaesa, you went to Las Vegas for a Car 

15 Parts Show? 

16 A. Yes, the SEMA Show, the Specialty Equipment 

17 Markers Association Show, which is normally the first 

18 weekend of November every year. 

19 Q. Okay, do you go every year to that show? 

20 A. No, that was my first time to attend the 

21 show. 

22 Q. Do you fly for other car shows? 

23 A. Not particularly for car shows, because 

24 normally, I do drive, since they are a car show, and I 

25 take my own vehicle, which is usually in the show at 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 138 

1 that time. I have flown several times for business 

2 mainly, for business. I have made trips from 

3 Baltimore/Washington to San Francisco on multiple 

4 occasions from 1998 through 2001, and then several 

5 trips to Los Angeles and Orlando, Florida, for business 

6 for my previous employer. 

7 Q. So, the bulk of those trips were from 1998 to 

8 2001? 

9 A. West Coast, Orlando was after that, 2002'ish 

10 and 2003. 

11 Q. Roughly, how many trips? 

12 A. 10, I would say, or 15 range. 

13 Q. Who was your employer at the time? 

14 A. I worked ... it was the same Company but 

15 they, under two different names. It was Lucent 

16 Technologies and Agere Systems. 

17 THE COURT: Would you spell that? 

18 THE WITNESS: Lucent Technologies, L-u-c19 e-n-t Technologies, and Agere Systems Inc., A-g-e-r-e 

20 Systems. 

21 THE COURT: Okay, thank you. 

22 Q. Are you still employed by those companies? 

23 A. No, I am no longer employed by either 

24 company. 

25 Q. Okay, Your Honor, may I approach the witness? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 139 

1 THE COURT: Yes. 

2 Q. Judge, I have what is marked here as a 

3 Complainant Exhibit-C4, this is entitled "Testimony of 

4 Respondent," and it is already part of the record. 

5 THE COURT: No, sir it is not part of the 

6 record. 

7 MR. STUART: Well 

8 THE COURT: It is in the file. 

9 MR. STUART: ... It is in the file. 

10 THE COURT: Excuse me, that is the 

11 difference. Now, has that been marked? 

12 MR. STUART: It has, Your Honor, it has 

13 been marked Complainant Exhibit-C4. 

14 THE COURT: This was marked? Did I order 

15 this marked? I don't think so, which means it has not 

16 been marked. C4 marked for identification. 

17 (WHEREUPON, COMPLAINANT'S EXHIBIT-C4 was marked for 

18 identification.) 

19 Q. Mr. Wallaesa, did you submit this as part of 

2 0 the proceeding? 

21 A. I previously answered it and it was, yes. 

22 Q. Can you testify to the truthfulness of what 

23 you submitted? 

24 A. I believe this is true, to the best of my 

25 knowledge. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 140 

1 Q. Okay, can you turn to Page 2. 

2 THE COURT: Mr. Stuart, can you sit down 

3 again? 

4 MR. STUART: Certainly, Your Honor. 

5 Q. Mr. Wallaesa, what is this document dated as? 

6 A. This is dated 

7 Q. It is on the last page ... 

8 A. November 15th of 2010. 

9 Q. Did you author this? 

10 A. Yes, I did. 

11 Q. And, does this document contain information 

12 about your conversation with Ms. Tomchik? 

13 A. Yes, it does. 

14 Q. And, specifically, does it contain 

15 information about whether you are asking if she had a 

16 boyfriend? 

17 A. I object. I didn't ask her, I don't believe. 

18 Q. If you will look 13 lines from the bottom. 

19 A. I asked her if she was single. I did ask her 

20 if she was single. 

21 Q. And how did she respond? 

22 A. She had a boyfriend. 

23 Q. Okay, and what was your response to that? 

24 A. I asked her how long she had a boyfriend. 

25 Q. And she stated? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 141 

1 A. "Seven years." 

2 Q. Okay, and what was your response? 

3 A. It was more of a conversation in between 

4 there than this, but it was basically a conversation, 

5 she was located in Baltimore, he was located in 

6 California. They were dating for seven years. I said, 

7 " he was an idiot." 

8 Q. Okay. Does this help you remember what 

9 happened? 

10 A. A little bit. 

11 Q. Okay, on the third page, Mr. Wallaesa, will 

12 you look at the first line starting ... and if you 

13 could read, starting with, "The Respondent." 

14 A. "Respondent tapped Jaime on the shoulder, she 

15 removed the earpiece and Respondent asked her if he 

16 could ask her a question. Jaime said, "yes." 

17 Respondent said that "he was going to use a line and 

18 that it would be corny." Jaime stated, "go ahead" to 

19 the Respondent. Respondent stated, "Please allow me 

20 the pleasure of holding something beautiful today." 

21 Jaime then gave a facial expression to the Respondent 

22 that indicated flattery, gave him a verbal response, 

23 stood up and walked away from her seat." 

24 Q. Okay, thank you. Did you actually say this? 

25 A. Yes, I did. 

COURT. tBEPORTING 

Vdd<E.o-gt"aphy ~tigatlon T~thnology 'DE 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 142 

1 Q. Thank you. Nothing further. 

2 THE COURT: Mr. Wallaesa. 

3 MR. WALLAESA: Yes, sir. 

4 THE COURT: You haven't been excused. 

5 MR. WALLAESA: I apologize, sir. I am 

6 sorry. 

7 THE COURT: You heard the testimony about 

8 the conversation with Mr. Mollica in the front of the 

9 plane. 

10 MR. WALLAESA: Yes, I did. 

11 THE COURT: And, did you say that you 

12 wouldn't sit until you talked with Ms. Tomchik? 

13 MR. WALLAESA: I don't remember if that 

14 is what I said or I didn't say. I didn't say I 

15 don't believe I didn't phrase it that way, but I 

16 believe I just kept on saying, "I want to talk to her, 

17 I would like to speak with her." 

18 THE COURT: At some point you were moved 

19 to the back of the airplane, is that correct? 

20 MR. WALLAESA: That is correct. 

21 THE COURT: And, at some point after 

22 that, the "Fasten Seatbelt" sign came on? 

23 MR. WALLAESA: I can't testify regarding 

24 that, I can remember only 

25 THE COURT: Do you know what a "Fasten 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 143 

1 Seatbelt" sign is? 

2 MR. WALLAESA: Yes, I do. 

3 THE COURT: And you know what it means? 

4 MR. WALLAESA: Yes, I do. 

5 THE COURT: What does it mean? 

6 MR. WALLAESA: It means, I must be seated 

7 with my seatbelt fastened while the sign is lit. 

8 THE COURT: Okay. And so, if in fact, 

9 you got up while that seatbelt sign was lit, you would 

10 have proceeded in opposition to that requirement, is 

11 that right? 

12 MR. WALLAESA: I guess. 

13 THE COURT: And, so when you went to the 

14 front of the airplane, and you have heard the peo'ple 

15 testify today that the "Fasten Seatbelt" sign was lit, 

16 have you not? 

17 MR. WALLAESA: Yes, I have. 

18 THE COURT: And you haven't said that it 

19 wasn't lit, you just said you don't know. 

20 MR. WALLAESA: I have no idea whether it 

21 was lit. I wanted to speak to Ms. Moorman. 

22 THE COURT: I am sorry? 

23 MR. WALLAESA: I wanted to speak to Ms. 

24 Moorman. 

25 THE COURT: Do you understand who is in 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 144 

1 charge of an airplane when it is in the air? 

2 MR. WALLAESA: Yes, I do. 

3 THE COURT: Who is in charge? 

4 MR. WALLAESA: The Captain of the plane 

5 ... the flight. 

6 THE COURT: And the flight crew? 

7 MR. WALLAESA: Yes, I was seeking the 

8 person in charge ... I was seeking help from the person 

9 in charge. 

10 THE COURT: And, do you think that would 

11 be appropriate if the seatbelt sign were lit? 

12 MR. WALLAESA: If I was having a medical 

13 emergency, yes. 

14 THE COURT: Well, you had mentioned that 

15 term, but I don't know what you mean. Were you having 

16 a medical emergency? 

17 MR. WALLAESA: Yes, I was. 

18 THE COURT: Well that is 

19 MR. WALLAESA: in my opinion. 

20 MR. STUART: Your Honor, I would like to 

21 object at this point. Mr. Wallaesa has never stated 

22 that he had a medical emergency, or any documentation 

23 ;up to the Hearing. It seems to be the nature of the 

24 affirmative defense that has not been raised before 

25 now. 

COURT. .(e'ePORTING 

VddiEogr.aphg ~tlgation T~ch:nology 'I'll 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 145 

1 THE COURT: Well, I will overrule that 

2 for the moment. We will see what Mr. Wallaesa has to 

3 say. Well, what medical emergency are you talking 

4 about, Mr. Wallaesa? 

5 MR. WALLAESA: I had taken medication 

6 that I was prescribed for anxiety and depression prior 

7 to boarding the plane. 

8 THE COURT: What was that? 

9 MR. WALLAESA: Paxil. 

10 THE COURT: I am sorry? 

11 MR. WALLAESA: Paxil, P-a-x-i-1. 

12 THE COURT: P-a-x-i-1, and how long have 

13 you been taking that? Are you still taking it? 

14 MR. WALLAESA: No, I am not. 

15 THE COURT: And, how long did you take 

16 it? 

17 MR. WALLAESA: Roughly, a year. 

18 THE COURT: How long before this event 

19 had you taken it? 

20 MR. WALLAESA: Roughly, a year and a 

21 half. There was other medication prior to that one. 

22 THE COURT: Okay, now you said that you 

23 took it for a year, and now you and you also said 

24 that you took it for a year and a· half before this 

25 event, so 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 146 

1 MR. WALLAESA: A year for that particular 

2 medication, a year and a half for medication then ... 

3 THE COURT: How long before this event 

4 had you been taking that medication? 

5 MR. WALLAESA: One year. 

6 THE COURT: Okay, and you only took it 

7 for a year? 

8 MR. WALLAESA: Yes, I stopped it after 

9 this event. 

10 THE COURT: Stopped after this event? 

11 MR. WALLAESA: Yes. 

12 THE COURT: And what kind of medical 

13 emergency are you suggesting you had? 

14 MR. WALLAESA: I was in a panic, and my 

15 discussion with Jaime was allowing me to be comfortable 

16 while I was on the plane. 

17 THE COURT: Was allowing you to be, what? 

18 MR. WALLAESA: Comfortable when I was on 

19 the plane. That was a level of comfort I had with that 

20 conversation the conversation was never truly ended 

21 by her. She walked up, and walked away. She never 

22 broke the conversation. When she moved to the second 

23 seat, you can see in her testimony that was on the DVD 

24 that she put her hand up and said, "I do not wish to 

25 speak with you." At that point, I did not pursue her 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 147 

1 any further, and I pursued contact with Ms. Moorman. 

2 THE COURT: And you did that without 

3 knowing whether the seatbelt sign was lit or not? 

4 MR. WALLAESA: I abided by the ... I 

5 abided by the ... by what Mr. Dumond and Ms. Moorman 

6 told me to do on the plane. When they moved me to the 

7 back of the plane, to Row 18, I sat down and asked to 

8 speak to Ms. Moorman. When she sat me down, she went 

9 over she even said it herself, she sat me down and 

10 then moved to the front of the plane immediately. And 

11 then I asked Mr. Dumond, "may I please speak with her." 

12 And, I believe I sat for approximately 45 minutes 

13 believing that I was going to speak with her. 

14 THE COURT: Did you think you had a right 

15 to speak with her? 

16 MR. WALLAESA: I think I needed to speak 

17 with her. 

18 THE COURT: Well, now let's try and 

19 answer my question. 

20 MR. WALLAESA: Sure. 

21 THE COURT: Do you think you had a right 

22 to speak with her? 

23 MR. WALLAESA: I believe I yes, I had 

24 to. 

25 THE COURT: You had a right to speak with 

COURT. 1liePORTING 

VldEOgraphy e~igollicll Te<Mology • 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 148 

1 her? 

2 MR. WALLAESA: Yes, I needed to speak 

3 with her. 

4 THE COURT: Do you think that your need 

5 equates to a right ... a legal right? 

6 MR. WALLAESA: I believe that I was in a 

7 situation where I needed to speak to somebody, and she 

8 is the person I needed to speak to. In my thought 

9 process is the equivalent of having a medical 

10 emergency, and if she would have sat down with me for a 

11 few minutes and just talked to me for a few minutes 

12 while I was sitting at the back of the plane, I think 

13 at that point in time, everything would have been 

14 resolved. 

15 THE COURT: Have you had any competent 

16 medical advice to the effect that you had a medical 

17 emergency? 

18 MR. WALLAESA: No. 

19 THE COURT: When you were talking to Mr. 

20 Mollica, did you say . . . "Take me out and shoot me." 

21 MR. WALLAESA: After I was arrested, yes. 

22 THE COURT: When were you arrested? 

23 MR. WALLAESA: Were ... handcuffed. 

24 THE COURT: After you were handcuffed? 

25 MR. WALLAESA: After I was seated in Row 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 149 

1 3 with Mr. Mollica in handcuffs, I did state those 

2 things. 

3 THE COURT: And you said, "Throw me off 

4 the plane." 

5 MR. WALLAESA: Something like that. 

6 THE COURT: "My life is over." 

7 MR. WALLAESA: Pretty much. 

8 THE COURT: And why was that? 

9 MR. WALLAESA: I have never been in 

10 trouble with the law prior to that incident, and I had 

11 no idea what to do. I hadn't had ... I was currently 

12 unemployed at that time, and I figured I wasn't going 

13 to be able to get a job. I wasn't going to be able to 

14 ... I just saw a domino effect of multiple things 

15 leading forward. 

16 THE COURT: Were you in trouble with the 

17 law after this incident? 

18 MR. WALLAESA: Yes, actually. 

19 THE COURT: What was that about? 

20 MR. WALLAESA: I had a neighbor who was 

21 ... I still have an issue with my neighbor, 

22 consistently tows my vehicle, and broke ... actually 

23 broke down my front door to my house. I was acquitted 

24 of disorderly conduct when I protested him towing my 

25 car out of this parking space. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 150 

1 THE COURT: He was towing your car out of 

2 your parking space? 

3 MR. WALLAESA: Yes. 

4 THE COURT: Because? 

5 MR. WALLAESA: I can't remember the 

6 reasons, there were so many different reasons. 

7 Because, it wasn't inspected properly, or it wasn't 

8 parked properly, or it was a whole bunch of different 

9 reasons that he kept on towing my vehicle for ... none 

10 of them I don't think were legit. This one I believe 

11 wasn't legitimate, so I stood between the vehicle and 

12 the tow truck. 

13 THE COURT: And, you had a criminal trial 

14 in connection with this incident, is that correct? 

15 MR. WALLAESA: With this incident? 

16 THE COURT: Yes. 

17 MR. WALLAESA: Or with that? 

18 THE COURT: This incident? 

19 MR. WALLAESA: This incident, yes. 

20 THE COURT: And in the course of that 

21 proceeding, you were released subject to certain 

22 conditions? 

23 MR. WALLAESA: Yes, sir. 

24 THE COURT: And, one of those was that 

25 you report for a mental health evaluation. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 151 

1 MR. WALLAESA: Yes, Your Honor. 

2 THE COURT: Did you do that? 

3 MR. WALLAESA: Yes, I did. 

4 THE COURT: Did you fail to show up for 

5 one of those mental health evaluations? 

6 MR. WALLAESA: There was a ... I believe 

7 a scheduling conflict, but yes. 

8 THE COURT: Did that result in your being 

9 reconfined during the course of that proceeding? 

10 MR. WALLAESA: No, the incident was 

11 cleared with my Probation Officer, and the date was 

12 rescheduled. 

13 THE COURT: Okay. 

14 MR. WALLAESA: I had spoke to the ... I 

15 had received the evaluation already previously ... when 

16 I was released and sent back to ... sent from Las Vegas 

17 to Virginia, I was required to see a counselor in 

18 Virginia as part of the release conditions of my 

19 probation for this incident ... for the criminal 

20 portion of this incident. I did see that counselor, 

21 and I went under several testing tests. There was a 

22 test scheduled some time, I can't remember when ... it 

23 was March or April of that year, and I believe I 

24 already took the test for that te~t, and I didn't need 

25 to take another one. And it was just that I didn't 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 152 

1 show up for it because I didn't think it was I 

2 thought I had already took it. I thought I already 

3 completed that test. 

4 THE COURT: What was the result of that 

5 medical evaluation? 

6 MR. WALLAESA: I don't know what the 

7 result was. 

8 THE COURT: They never gave you a report? 

9 MR. WALLAESA: They gave me the report, 

10 but I don't remember. They gave me the results of the 

11 report, but I don't have it any more. 

12 THE COURT: Okay, and you were on 

13 medication for a year and a half before this incident. 

14 MR. WALLAESA: Yes. 

15 THE COURT: And that had to do with 

16 anxiety and depression, is that right? 

17 MR. WALLAESA: That is correct. 

18 THE COURT: And then you went off 

19 medication after this incident? 

20 MR. WALLAESA: Yes, and with the part of 

21 the conditions of the probation for the criminal trial, 

22 I was to seek counseling twice weekly until roughly for 

23 eight or nine months. 

24 THE COURT: And, you do that? 

25 MR. WALLAESA: Yes, I did. 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 153 

1 THE COURT: And, you ... consulted your 

2 doctor who prescribed this medication before you went 

3 off of it, is that correct? 

4 MR. WALLAESA: He was no longer my doctor 

5 at that point. I had switched employers, and my Cobra 

6 . . . the after employment insurance ran out, so I 

7 couldn't see that doctor any more. 

8 THE COURT: Couldn't see any doctor about 

9 this? 

10 MR. WALLAESA: Yes, the counselor. The 

11 counselor I was seeing as conditions of the probation. 

12 THE COURT: And, they told you to stop 

13 this medication? 

14 MR. WALLAESA: Yes, they believed that 

15 the counseling would be better than the medication. 

16 THE COURT: I see. Okay, and you said 

17 you aren't taking medication now? 

18 MR. WALLAESA: No, I am not. I do have a 

19 copy of the bottle for ... 

20 THE COURT: I don't know that that is 

21 necessary. 

22 MR. WALLAESA: Okay. 

23 THE COURT: Not for my purposes. I am 

24 just trying to get some better understanding what 

25 happened here, Mr. Wallaesa, because according to 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 154 

1 testimony of a number of witnesses, you behaved in a 

2 way that was clearly contrary to the Regulations and 

3 certain activities on an aircraft. And we have 

4 explored this at some length, and wanted to get some 

5 idea of why you thought what you did was okay; and the 

6 only thing I am hearing you say is that there was some 

7 kind of medical emergency; and, you haven't offered any 

8 expert testimony on that subject or any report to 

9 substantiate that claim. 

10 Okay, any redirect? 

11 MR. STUART: No, Judge. 

12 THE COURT: I mean, any Recross, excuse 

13 me? 

14 MR. STUART: No, Judge. 

15 THE COURT: Any Redirect, did you want to 

16 say anything further, Mr. Wallaesa? 

17 MR. WALLAESA: Yes, I do, actually. The 

18 concern throughout all of this was seeking counseling 

19 and maintaining employment, that is why the information 

20 wasn't brought up during the criminal trial. That is 

21 why I hadn't previously offered any information to this 

22 is that it was believed that if I offered this 

23 information, that I would not be able to be employed in 

24 my current field. I can offer what I have. I didn't 

25 bring ... I didn't even think to bring the report to be 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 155 

1 honest with you. It is my belief that I did have a 

2 medical condition, and that if ... if it was at the 

3 point where they were taking ... they took me to the 

4 rear of the plane, if they would have just sat with me 

5 for a few minutes and talked it over, I think that 

6 things would have resulted much differently. 

7 THE COURT: Anything further? 

8 MR. STUART: No, Judge. 

9 THE COURT: Okay. Thank you very much, 

10 Mr. Wallaesa, you can step down. 

11 THE COURT: Okay, I am going to find that 

12 a written decision is reasonable and necessary, and ask 

13 you folks to submit briefs, and in particular, I would 

14 like you to lend some clarity to the questions about 

15 the penalty ... about which we have spoken in the past. 

16 What you have done is to create a record where there is 

17 an allegation of interference. I would suggest that 

18 you address your brief to the question of what 

19 establishes interference. I don't know ... are you 

20 alleging any of the other parts of that section, or 

21 only interference? 

22 MR. STUART: Only interference, Judge. 

23 THE COURT: Okay, so then you need to 

24 address the question of what establishes interference, 

25 and you also need to address the foundation for the 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 156 

1 proposed level of penalty. As the record stands now, 

2 if I were in fact to find failure to fasten seatbelt, 

3 and failure to sit, failure to follow instruction, and 

4 not find interference, your position would be that 

5 there is No Penalty. That is the State of the Record 

6 as it sits, because you have told me that your penalty 

7 level is based entirely on the violation relating to 

8 Interference. 

9 MR. STUART: Right. 

10 THE COURT: And so I will ... I will 

11 await what your brief says on that subject, but we have 

12 discussed this before, and I must say I have not gotten 

13 much clarity in terms of explaining that position. So, 

14 you consider that ... and, you file a brief that 

15 supports these charges, and I must point out that this 

16 Complaint that was filed did not assert that he failed 

17 to fasten his seatbelt. It is only by dint of a post18 filing Amendment in one of the Pre-Hearing conferences 

19 that we added that as a ... as an assumed Notification 

20 within the context of the Complaint since it was said 

21 that he did not sit when he was directed to .. But, the 

22 Complaint is not a model of clarity, and in particular, 

23 the only allegations in the Complaint with respect to 

24 interference, is that he failed to follow an 

25 instruction to sit several times. That is your only 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 157 

1 case. All of this other stuff about interaction with 

2 Mr. Mollica, and communications with Ms. Tomchik are 

3 not directly relevant to that allegation. They are in 

4 the record, but I would urge you to focus your brief on 

5 what, in fact, was charged in the Complaint and address 

6 the level of Penalty ... the violation and the level of 

7 Penalty in context of what the Complaint charges. And, 

8 as I have previously indicated, if you want to bring 

9 into a Hearing the kinds of things which you wound up 

10 bringing into this Hearing as interference, you'd best 

11 set them out in your Complaint. Okay, that is a word 

12 to the wise with respect to the brief; and, so I think 

13 maybe we should have Responsive Briefs instead of both 

14 briefing at the same time in this case. 

15 (WHEREUPON, an off the record discussion was held.) 

16 THE COURT: On the record, Mr. Stuart, 

17 did you want to move Exhibit-C4 into evidence? 

18 MR. STUART: Yes, Your Honor. 

19 THE COURT: We have got ... Mr. Wallaesa, 

20 we have identified an Exhibit as a Respondent's 

21 Exhibit, that is ... Jaime Tomchik's statement, do you 

22 want that in evidence? 

23 MR. WALLAESA: Yes, sir. 

24 THE COURT: Do you want to move it into 

25 evidence? 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 158 

1 MR. WALLAESA: Yes, sir. 

2 THE COURT: Okay, so I will grant both of 

3 those Motions . We will put C4 into evidence. We will 

4 put R1 into evidence, okay? Those are admitted. 

5 THE COURT: And then we will establish a 

6 Briefing Schedule with the Government Filing July 6, 

7 and Mr. Wallaesa's response will be due ... and these 

8 are delivery dates, gentleman, and I should add that 

9 delivery to me now is more complicated than it used to 

10 be. Since we are no longer in the main building, we 

11 are in 55 M Street, and you cannot make a delivery to 

12 55 M Street. That means that you have to get it to the 

13 Mail Center in the Main Building in time for them to 

14 get it up to me at 55 M Street. That makes your task 

15 somewhat trickier ... but, the direction is to get it 

16 in my hands by this date. Okay? All right, and then 

17 your Response to Mr. Wallaesa's submission will be due 

18 August 10, 2012. 

19 I should also suggest that you direct 

20 substantial attention to what we will call "Precedents" 

21 with respect to Penalty level, and suggest that in 

22 examining Penalty level precedents, you bear in mind 

23 not this full panaplay of testimony that you have 

24 presented, but what is charged in this proceeding. All 

25 right, do you follow what I mean? 

COURT. .rBePORTING Viid~:o-gt.aphy ~tigation 'TECh'!'IOiogy m 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 159 

1 MR. STUART: Yes, Judge. 

2 THE COURT: That is good. And, we have 

3 already identified on the record a number of cases. 

4 Mr. Wallaesa has declined to provide financial 

5 information, so ability to pay is not going to be an 

6 issue in this case however that cuts; but nevertheless, 

7 what has happened in such cases before will be 

8 considered in determining a penalty level. Once you 

9 figure out how to explain to me what your position with 

10 respect to penalty level generally is in a situation 

11 where you have got three violations, two of which 

12 didn't exist at the time you filed a Complaint, and as 

13 to which you claim there is no penalty level asserted. 

14 Okay, I don't know that I have ever had a case like 

15 that before, but that is what keeps the job 

16 interesting. All right, anything further? If not. 

17 MR. STUART: No, Judge. 

18 THE COURT: Anything further, Mr. 

19 Wallaesa? 

20 MR. WALLAESA: I don't believe so, sir. 

21 THE COURT: Okay then we are adjourned. 

22 Thank you all. 

23 (WHEREUPON, the proceedings were adjourned at 2:15 

24 p.m.) 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 161 

CERTIFICATE OF REPORTER 

1 

COMMONWEALTH OF VIRGINIA AT LARGE: 

2 

3 I hereby certify that I am a Notary Public for 

4 the State of Virginia at Large, and hereby certify 

5 that the foregoing constitutes a true and accurate 

6 transcript to the best of their ability. 

7 

8 Further, this is to certify that I am not an 

9 employee of nor related to any of the parties, and I 

10 

have no financial interest in the outcome of this 

11 

matter. 

12 

13 

14 

15 

16 

17 JACOB MACE 

COURT REPORTER / NOTARY 

18 

NOTARY REGISTRATION NUMBER: 7508361 

19 My Commission Expires: September 30, 2015 

20 

21 

22 

23 

24 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 160 

1 CAPTION 

2 

3 The Hearing in the matter, on the date, and at the time 

4 and place set out on the title page hereof. 

5 

6 It was requested that the Hearing be taken by the 

7 reporter and that same be reduced to typewritten form. 

8 

9 

10 

11 

12 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 162 

$ 

$11,000 11:25 

$5,000 11:24 

$5,500 12:1 

0 

09 123:16 

1 

1 67:21 133:12 

1:15 122:4 122:5 

10 60:3 138:12 

158:18 

12 124:18 

12:10 122:5 

121 6:7 128:25 

121.317(£ 8:8 

11:20 

121. 317 (k 8: 9 

11:21 

121.580 8:9 11:17 

13 140:18 

135 123:20 

137 17:15 56:8 

123:20 

14 8:8 

141 123:21 

15 60:3 138:12 

15th 140:8 

18 39:11 39:12 

39:13 39:14 

39:18 39:21 

46:10 48:7 

48:7 65:11 65:17 

75:9 101:7 

135:21 147:7 

18C 75:10 78:5 

1998 138:4 138:7 

2 

2 6:5 18:3 

18:13 18:13 

24:15 33:25 34:2 

36:10 36:10 37:6 

37:9 46:9 

59:22 73:21 

133:12 140:1 

2:00 134:14 

2:15 159:23 

2001 138:4 138:8 

2002'ish 138:9 

2003 138:10 

2009 8:18 10:15 

16:17 17:23 

61:16 61:19 

63:20 67:5 

69:5 69:15 

92:4 103:19 

104:20 134:11 

2010 140:8 

2012 5:2 13:21 

124:23 125:13 

126:10 158:18 

204 124:4 

22 5:2 

25 69:2 98:22 

3 

3 18:7 18:12 

18:20 20:5 

25:2 25:3 

28:12 32:17 

COURT. r,;EPORTING Vdd~ogr~phy ~tlgatlcn 'fiEchnclcgy m 

33:19 39:12 

39:15 39:16 

44:25 49:10 

49:14 49:15 

49:21 50:1 

50:1 50:3 

50:14 50:19 

50:20 59:25 60:2 

71:24 73:21 

81:21 86:8 

88:2 88:6 

88:17 94:17 

96:23 99:9 

133:12 149:1 

30 13:21 60:13 

60:14 124:23 

125:13 

3049 6:6 10:15 

16:20 16:22 

17:22 69:8 128:7 

129:17 

30th 126:10 

319 124:21 

320 124:21 

3B 32:17 

4 

4 44:23 44:23 

71:24 80:13 

81:21 95:2 

101:10 

45 59:14 60:14 

65:13 69:19 

97:12 135:23 

147:12 

5 

5 42:5 42:5 

42:6 42:14 44:23 

-----------------------------------------------------
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 163 

44:24 80:13 95:2 

5:30 134:13 

50 56:10 93:8 

55 158:11 

158:12 158:14 

5'6 120:1 120:6 

6 

6 8:18 10:15 

16:16 17:23 42:5 

42:5 42:6 

61:16 61:19 

63:20 67:5 

69:4 69:14 

92:4 95:8 103:18 

104:19 120:7 

120:10 134:11 

158:6 

6'1 94:25 

7 

700 17:13 

737 17:13 124:21 

737's 127:20 

9 

9,000 124:15 

A 

a.m 134:14 

abided 147:4 

147:5 

ability 159:5 

able 7:12 22:6 

57:25 58:6 91:11 

91:12 97:2 115:2 

115:9 131:12 

149:13 149:13 

154:23 

abruptly 63:7 

63:8 

absence 5:14 

absolutely 

34:19 35:6 

according 153:25 

accountant 103:14 

103:16 

accurate 128:18 

accurately 

127:2 127:13 

127:17 

achieves 53:16 

acquitted 149:23 

across 73:16 

115:11 137:6 

acting 56:25 

90:19 

action 131:16 

actions 29:3 

activities 154:3 

activity 55:13 

90:2 

actually 7 : 2 5 

14:5 20:10 20:21 

26:19 29:13 

36:14 66:11 70:4 

103:20 141:24 

149:18 149:22 

154:17 

add 158:8 

added 11:21 

12:2 156:19 

address 9:24 9:25 

19:6 155:18 

155:24 155:25 

157:5 

addressing 53:22 

adjourn 122:4 

adjourned 

159:21 159:23 

administer 92:24 

Administration 

123:4 131:4 

admissibility 

15:9 

admission 14:11 

14:18 15:9 

admit 7:12 

14:17 14:25 15:4 

15:10 15:11 

133:13 

admitted 14:24 

15:7 133:11 

158:4 

admitting 15:5 

adrenaline 117:3 

advice 92:25 

148:16 

advisable 93:24 

affect 109:10 

affected 92:22 

affirm 9:21 

affirmative 

144:24 

affirmatively 

32:11 48:6 50:24 

51:5 51:12 75:14 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 164 

108:9 112:21 

112:24 

afraid 56:24 

afternoon 

122:21 122:22 

AG 123:20 

against 83:20 

111:14 

agent 9:15 

12:22 44:1 44:14 

44:20 47:8 47:10 

47:15 47:19 

47:21 48:1 

48:2 48:9 

48:11 48:18 

48:21 48:23 

48:25 49:8 

49:9 49:10 49:22 

49:25 50:1 

50:3 50:5 

50:10 50:13 

50:17 54:11 

54:20 66:17 

66:23 81:6 

81:7 82:1 82:5 

82:25 83:18 

84:13 84:14 

85:14 85:17 86:3 

86:8 86:20 86:24 

88:6 88:7 

88:12 88:16 

94:18 98:25 

102:16 102:23 

103:2 103:10 

103:12 103:13 

103:24 104:4 

104:7 109:19 

109:22 110:10 

110:14 111:24 

112:16 115:13 

115:20 130:5 

agents 89:5 89:6 

Agere 138:16 

138:19 

A-g-e-r-e 138:19 

agitated 38:23 

38:24 39:4 47:23 

60:16 60:22 

85:12 

agitation 61:3 

ago 23:7 

agreed 6:4 6:18 

6:22 112:4 

113:18 128:14 

Agricultural 

123:20 

Ah 95:13 

ahead 7:2 7:12 

27:8 28:6 

30:14 32:2 33:17 

35:4 39:22 47:12 

51:14 78:8 87:13 

96:9 111:18 

112:23 115:5 

129:13 141:18 

Aid 102:9 

air 72:11 102:2 

128:2 130:21 

131:14 131:15 

134:20 134:22 

144:1 

Airbus 124:4 

124:21 

aircraft 17:3 

17:12 17:13 

19:20 24:11 

26:17 28:11 

28:13 28:16 

28:17 29:17 

36:12 36:16 

36:18 40:8 41:10 

41:11 41:23 

41:25 42:1 42:12 

42:25 45:3 46:18 

47:5 48:9 

51:14 51:17 

51:21 53:3 55:13 

55:20 55:23 56:1 

78:20 83:20 90:7 

124:21 128:1 

128:1 129:25 

132:25 154:3 

airline 124:1 

124:16 127:22 

128:4 

Airlines 6:6 

9:6 10:19 

16:12 59:5 68:23 

89:4 124:18 

127:20 134:11 

airplane 17:2 

25:10 26:23 

27i12 53:4 65:20 

70:3 77:20 78:19 

82:23 114:1 

117:23 142:19 

143:14 144:1 

airplanes 124:3 

124:11 

airport 26:21 

63:14 63:21 

104:4 104:6 

104:10 104:25 

132:7 134:13 

aisle 24:19 35:22 

35:23 36:3 41:25 

42:3 42:14 50:10 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 165 

73:4 73:16 

78:5 80:4 

80:22 81:20 

86:15 91:13 99:5 

99:7 100:16 

100:18 100:19 

101:5 106:5 

106:5 114:5 

116:5 119:3 

119:15 119:17 

135:21 

alcoholic 10:19 

134:25 

allegation 155:17 

157:3 

allegations 

9:21 31:11 

156:23 

alleged 8:7 

alleging 155:20 

allergic 92:10 

92:13 92:15 

92:18 

allow 10:5 

34:12 141:19 

allowed 105:6 

128:15 

allowing 146:15 

146:17 

alone 18:21 

38:4 38:12 

71:2 71:4 

already 15:10 

30:14 59:10 

139:4 151:15 

151:24 152:2 

152:2 159:3 

alright 121:9 

altitude 53:17 

am 8:21 10:7 

12:17 13:12 

13:13 16:10 

16:21 19:16 

20:19 21:16 

22:14 24:4 

28:1 28:1 29:7 

30:18 31:13 

31:18 33:11 

34:21 37:7 37:20 

38:12 40:1 41:17 

46:22 47:1 47:17 

48:16 49:20 

50:15 51:18 

53:25 57:5 58:14 

58:20 59:10 

60:19 65:8 65:22 

68:21 72:8 72:14 

72:15 76:17 78:2 

82:9 82:10 82:15 

85:19 87:10 

87:15 92:1 94:10 

94:21 94:21 

94:25 95:3 

95:5 96:12 98:23 

99:10 99:24 

103:8 103:8 

103:14 104:6 

104:15 105:3 

105:7 105:21 

108:15 108:16 

108:21 109:22 

109:24 110:12 

113:11 114:4 

116:4 116:4 

119:4 120:1 

121:20 123:2 

123:8 123:24 

124:7 124:10 

126:16 127:5 

129:4 131:9 

134:11 138:23 

142:5 143:22 

145:10 145:14 

153:18 153:23 

154:6 155:11 

Amendment 156:18 

among 9:13 

amongst 56:14 

amount 40:18 97:1 

119:6 

and/or 7:18 

Angeles 138:5 

angry 38:23 38:24 

Annapolis 124:25 

announcements 

100:13 

answer 29:23 

31:13 66:4 

66:5 132:24 

147:19 

answered 139:21 

answers 109:1 

anxiety 10:17 

145:6 152:16 

anybody 64:1 

78:11 91:14 99:1 

99:5 115:16 

121:2 

anybody's 15:8 

anyone 11:10 

17:16 69:10 

83:17 92:19 

126:5 

anything 8 : 2 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 166 

13:13 19:2 

19:9 19:15 

29:1 29:6 29:8 

35:13 35:14 36:7 

48:25 51:16 56:2 

56:13 56:13 

67:24 69:17 75:1 

75:2 75:5 84:7 

89:8 89:11 99:19 

104:5 104:9 

105:15 105:20 

106:6 106:7 

116:16 117:6 

117:7 117:22 

132:7 154:16 

155:7 159:16 

159:18 

anywhere 123:11 

apologize 7:25 

10:10 22:7 

96:3 121:7 134:6 

142:5 

appearances 5:5 

apply 114:16 

115:10 128:4 

approach 13:6 

112:14 126:12 

138:25 

approached 36:9 

70:12 134:17 

appropriate 

144:11 

approximate 

60:6 94:24 97:10 

approximately 

55:9 62:3 

64:15 94:18 95:2 

97:13 98:19 

106:3 147:12 

April 13:21 

124:23 125:13 

126:10 151:23 

area 81:8 83:8 

83:9 83:11 83:16 

87:14 95:24 

107:22 115:8 

128:1 130:6 

aren't 22:5 

119:12 120:25 

153:17 

Argument 10:1 

arises 130:3 

arm 80:17 81:1 

81:2 81:10 81:19 

113:.24 114:3 

114:3 115:2 

115:6 115:11 

115:11 116:17 

armed 44:3 105:1 

armored 104:2 

arrest 104:11 

arrested 148:21 

148:22 

arrival 50:21 

50:23 88:24 

arrive 137:9 

arrived 51:17 

89:1 117:13 

134:12 

arriving 108:18 

ASP 105:5 105:9 

A-S-P 105:12 

assaulted 121:16 

assert 156:16 

asserted 159:13 

assign 131:7 

assigned 105:23 

107:2 

assist 105:21 

107:11 117:4 

121:21 

assistance 52:4 

58:2 91:20 111:9 

assisting 101:25 

Association 

137:17 

assumed 107:3 

156:19 

assumption 81:14 

ATC 130:1 

attack 11:4 

62:7 62:13 62:17 

63:9 63:10 

66:6 66:9 

102:4 111:4 

132:15 132:16 

132:24 

attempted 64: 7 

attend 58:6 

137:20 

attendant 9:5 9:9 

16:13 44:6 

55:7 56:10 68:23 

76:8 82:9 130:18 

135:10 

attendants 9:17 

19:21 27:12 

27:14 41:5 45:15 

51:20 56:7 66:18 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 167 

72:10 79:8 79:21 

82:11 84:25 

99:22 101:24 

105:19 106:14 

107:10 107:23 

108:5 108:19 

111:13 130:5 

130:10 

attended 10:11 

10:18 127:3 

127:14 

attention 17:24 

55:4 62:11 71:17 

93:2 94:14 

101:22 124:22 

158:20 

August 158:18 

authenticity 

129:6 

author 140:9 

availability 

129:6 

available 105:21 

average 119:16 

Aviation 6 : 7 

123:4 123:8 

123:21 123:22 

131:4 

avoid 119:11 

await 156:11 

aware 8:7 56:15 

82:10 115:17 

120:18 

awareness 90:9 

away 18:24 

38:20 48:21 54:8 

78:25 111:17 

141:23 146:21 

B 

backed 137:1 

background 130:17 

backwards 94:17 

114:17 

bag 26:11 

Baltimore 16:18 

69:6 103:21 

141:5 

Baltimore/ 

Washington 138:3 

bank 104:1 104:16 

bar 115:11 116:17 

based 156:7 

basic 130:22 

basically 89:17 

89:22 90:9 

119:22 120:16 

141:4 

baton 105:10 

bear 158:22 

beautiful 141:20 

became 61:11 

beg 100:9 

beginning 44:2 

52:7 59:11 90:4 

behave 113:14 

behaved 154:1 

behaving 55:25 

behavior 55:20 

90:6 

behind 48:19 

CO'URT. ,~JaEPORTING Vddeographg L_ .· Utlgatioh 'llll!ld~l!'lology 'Elf 

49:11 50:2 88:11 

113:22 113:23 

115:5 119:22 

134:16 137:3 

belief 135:5 

155:1 

believe 6:15 6:18 

6:22 13:8 21:7 

25:3 28:19 29:14 

33:7 39:11 44:23 

48:14 48:22 49:2 

51:24 63:22 

64:12 64:25 65:1 

65:8 71:23 

74:6 78:22 84:10 

84:11 84:21 86:5 

109:20 109:22 

117:11 128:22 

132:18 136:19 

139:24 140:17 

142:15 142:16 

147:12 147:23 

148:6 150:10 

151:6 151.:23 

159:20 

believed 136:5 

153:14 154:22 

believes 12:4 

believing 147:13 

Bell 124:4 

belted 117:9 

bend 94:25 

-beneath 58:22 

best 111:20 

139:24 157:10 

better 15:3 

16:8 45:16 46:17 

57:12 153:15 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 168 

153:24 

beverage 10:19 

134:25 135:7 

135:9 

beyond 57:18 

bigger 114:23 

bin 94:24 95:11 

95:15 

bins 94:19 

bit 28:20 28:21 

95:18 110:22 

111:2 112:23 

141:10 

blocked 64:25 

blown 134:20 

board 9:6 90:13 

105:2 129:2 

131:21 132:16 

134:7 134:10 

134:12 134:15 

boarded 44:15 

boarding 134:23 

134:24 145:7 

Boeing 124:21 

bother 29:5 

bothered 69:23 

70:15 

bottle 153:19 

bottom 13:15 

94:23 95:15 

140:18 

boyfriend 

140:16 140:22 

140:24 

brace 114:15 

bracing 115:8 

break 122: 5' 

breath 58:23 

Brian 5 : 4 5 : 11 

9:7 36:14 

36:15 38:10 

38:10 106:12 

106:17 106:18 

107:13 107:22 

107:23 108:1 

111:17 111:19 

126:9 

bridge 51:3 

brief 5:22 

18:16 155:18 

156:11 156:14 

157:4 157:12 

briefing 52:6 

52:10 52:10 

52:15 157:14 

158:6 

briefings 52:16 

briefs 155:13 

157:13 

bring 44:4 

69:24 70:17 

70:19 154:25 

154:25 157:8 

bringing 157:10 

broke 146:22 

149:22 149:23 

broken 10:25 

60:18 

brought 43:1 74:5 

97:7 107:13 

112:22 136:15 

154:20 

COURT. feePORTING Vid~:ogr.aphy ~tlga!ticn Tii:ch:l'lofcgy ·m 

buck 115:13 

bucked 88:6 

88:9 94:17 114:6 

121:15 

buckled 88:19 

88:20 

buddies 116:5 

build 108:12 

building 158:10 

158:13 

bulk 138:7 

bulkhead 83:25 

84:4 

bump 117:17 

bumpy 41:7 53:13 

bunch 91:13 150:8 

burst 134:22 

business 59:4 

77:6 138:1 138:2 

138:5 

busy 76:12 

button 18:4 

BWI 104:21. 

c 

Cl 14:15 14:20 

14:24 15:10 

15:11 133:10 

C2 12:24 13:16 

13:19 

C3 13:16 133:10 

C4 139:16 158:3 

cabin 33:24 35:22 

77:11 79:23 83:4 

84:5 87:14 91:6 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 169 

California 141:6 

calm 45:8 45:10 

47:22 57:10 

57:19 116:18 

117:2 

calmed 113:17 

Captain 40:24 

41:2 41:15 41:19 

43:5 43:8 

43:11 43:19 44:5 

44:17 44:19 51:8 

51:13 53:10 55:2 

66:11 66:15 

79:16 79:20 86:5 

97:25 101:14 

128:7 129:17 

130:14 144:4 

Captain's 24:22 

25:2 25:5 

37:13 72:4 

Captain-type 

124:9 

car 104:2 

108:15 137:14 

137:22 137:23 

137:24 149:25 

150:1 

care 30:14 56:9 

56:10 56:12 

62:18 62:19 

101:23 109:2 

109:7 110:9 

128:2 

Carrier 131:14 

131:15 

Carriers 123:20 

case 5:17 8:8 

15:9 19:9 

66:17 130:4 

131:7 133:4 

157:1 157:14 

159:6 159:14 

cases 15:2 

66:25 102:10 

159:3 159:7 

catch 101:10 

caught 80:12 

80:21 114:6 

114:7 

cause 111:21 

132:9 

caused 132:6 

137:5 

causing 113:13 

CD 127:11 

center 70:5 114:8 

158:13 

certain 55:16 

59:2 59:4 

89:18 92:18 

92:22 97:1 

131:11 150:21 

154:3 

Certainly 140:4 

Certificate 124:1 

certificates 

123:25 

certified 

103:14 103:16 

124:10 

CFR 8:8 

chance 67:9 

125:12 126:22 

127:11 

change 18:17 

18:23 

changed 18:6 

charge 144:1 

144:3 144:8 

144:9 

charged 11:16 

11:17 157:5 

158:24 

charges 156:15 

157:7 

check 104:25 

checking 75:3 

75:24 

child 62:9 

choking 62:9 

citation 124:4 

131:7 131:10 

cited 131:7 

132:15 

claim 154:9 

159:13 

clarification 

30:8 

clarify 37:5 37:8 

99:10 

clarity 155:14 

156:13 156:22 

cleaning 35:19 

79:1 

clear 83:9 

109:4 109:24 

110:2 111:13 

118:24 

cleared 49:17 

49:21 49:23 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 170 

111:18 113:20 

115:3 115:5 

151:11 

clearly 154:2 

close 9:19 

14:11 30:4 44:24 

73:21 98:21 

120:8 

closer 6:24 44:10 

44:13 96:10 

Closing 10:1 

Coast 138:9 

Cobra 153:5 

cockpit 83:3 83:5 

83:8 83:11 83:13 

130:6 

code 131:12 

132:12 132:15 

coextensive 129:7 

cold 134:21 

134:22 

collecting 75:24 

colognes 92:18 

92:20 

comes 44:3 

comfort 146:19 

comfortable 

146:15 146:18 

coming 41:6 41:24 

41:25 42:3 86:15 

108:7 

command 124:7 

124:12 

commented 134:21 

comments 8:19 

26:4 

commercial· 

104:2 123:22 

124:2 128:25 

communicate 

56:6 56:7 

communication 

73:23 73:24 

communications 

128:2 130:1 

130:20 157:2 

companies 138:22 

company 138:14 

138:24 

competent 148:15 

Complainant 5:6 

5:7 8:7 8:14 9:4 

9:20 12:23 

13:2 13:2 

13:17 13:17 

13:21 13:22 14:1 

14:13 14:23 

15:13 22:12 

22:15 24:5 

68:5 102:16 

122:9 126:17 

127:6 133:13 

139:3 139:13 

Complainant's 

14:21 23:10 

133:10 139:17 

Complaint 6:5 

9:22 156:16 

156:20 156:22 

156:23 157:5 

157:7 157:11 

159:12 

completed 152:3 

completely 62:22 

complicated 158:9 

complied 28:14 

112:4 

complimentary 

10:19 59:1 

59:3 134:25 

comply 8:11 25:19 

36:21 48:12 

48:17 57:13 

85:12 85:15 88:3 

89:25 90:1 93:16 

99:12 110:19 

113:18 116:22 

complying 38:17 

43:3 43:7 43:14 

concern 8:10 

154:18 

concerned 

115:23 115:25 

concerning 88:21 

conclude 133:4 

condition 93:20 

132:14 155:2 

conditions 

56:23 150:22 

151:18 152:21 

153:11 

conduct 5:16 

149:24 

conference 6:23 

22:16 

conferences 

156:18 

confirm 125:12 

conflict 56:16 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 171 

57:4 57:7 57:8 

151:7 

confront 101:19 

confrontation 

53:24 54:11 

confronted 101:18 

confused 8:21 

connected 10:22 

connection 150:14 

consider 91:5 

93:19 104:24 

105:14 116:11 

156:14 

considered 83:9 

159:8 

consist 55:11 

consistent 67:12 

consistently 

149:22 

consists 52:11 

constantly 

90:18 90:19 

constitute 132:25 

consultant 92:24 

consulted 153:1 

contact 9:7 59:18 

60:8 98:11 

105:18 114:14 

147:1 

contacted 59:12 

contain 140:11 

140:14 

Conte 5:9 5:9 

contention 11:15 

contents 127:17 

context 8:17 

156:20 157:7 

continue 56:3 

117:2 

continued 24:8 

27:9 30:15 

108:22 109:1 

114:16 115:10 

129:14 

contrary 154:2 

control 89:19 

121:21 130:21 

convers 113:4 

conversation 

10:23 10:23 19:7 

19:21 27:13 

27:20 28:24 32:6 

32:7 34:13 

38:3 38:8 45:4 

46:2 48:11 51:10 

61:2 61:3 

61:10 109:15 

113:1 117:10 

134:22 135:11 

136:1 137:7 

140:12 141:3 

141:4 142:8 

146:20 146:20 

146:22 

converse 57:9 

65:18 

conversed 135:4 

conversing 57:19 

cool 134:20 

cooperate 

111:20 112:5 

116:18 

copies 13:9 23:20 

23:22 

copy 13:10 

20:10 20:13 

21:10 21:12 

22:15 24:6 

27:1 27:5 44:7 

126:16 153:19 

corny 141:18 

correct 8:24 

14:16 14:18 26:5 

26:6 29:20 

32:1 32:20 62:21 

62:23 63:14 

63:18 63:21 65:9 

65:10 65:11 

65:12 66:20 

66:24 67:11 

70:11 73:11 

73:12 74:15 

75:20 75:22 

77:21 79:7 83:24 

93:4 93:11 

97:4 98:4 98:5 

98:9 98:13 98:17 

105:25 113:22 

119:23 120:4 

120:8 127:20 

129:9 130:6 

131:4 131:5 

132:11 142:19 

142:20 150:14 

152:17 153:3 

Counsel 13:21 

22:14 

counseling 152:22 

153:15 154:18 

counselor 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 172 

151:17 151:20 27:7 28:3 28:6 121:5 121:8 

153:10 153:11 29:22 30:1 121:9 121:23 

couple 5:25 36:10 30:5 30:9 121:25 122:3 

84:22 108:25 30:13 30:18 122:7 122:11 

117:4 121:20 30:21 31:1 122:16 122:18 

31:5 31:8 126:11 126:14 

course 150:20 31:18 31:21 126:16 128:10 

151:9 31:24 32:2 128:19 129:4 

Court 5:3 5:10 33:2 33:6 33:9 129:10 129:13 

5:13 5:19 5:23 33:13 33:17 130:25 132:20 

6:2 6: 9 6:13 34:21 34:25 35:2 133:3 133:7 

6:16 6:20 6:24 35:4 39:20 39:22 133:12 133:15 

7:2 7:6 7:15 44:9 44:13 46:20 133:17 133:21 

7:22 8:1 8:4 46:24 47:3 134:3 134:8 

8:21 9:3 9:18 47:6 47:9 137:11 138:17 

9:23 10:2 10:6 47:11 52:25 53:5 138:21 139:1 

10:9 10:12 53:15 53:21 54:2 139:5 139:8 

12:7 12:12 12:14 54:6 54:10 54:13 139:10 139:14 

12:16 12:18 58:10 58:17 140:2 142:2 

12:19 12:25 13:7 58:22 66:1 142:4 142:7 

13:10 13:24 14:2 67:8 67:12 67:18 142:11 142:18 

14:3 14:14 14:19 67:24 68:3 142:21 142:25 

14:25 15:2 15:14 68:7 68:12 69:16 143:3 143:5 

15:16 15:21 16:5 72:5 72:13 72:25 143:8 143:13 

16:8 20:7 78:5 78:8 79:2 143:18 143:22 

20:11 20:15 79:5 79:11 79:13 143:25 144:3 

20:19 20:22 79:17 82:15 144:6 144:10 

20:23 20:25 21:1 82:19 91:23 144:14 144:18 

21:3 21:5 95:25 96:4 96:12 145:1 145:8 

21:10 21:14 96:16 96:19 145:10 145:12 

21:19 21:22 22:4 99:25 100:8 145:15 145:18 

22:9 22:13 22:20 100:10 100:14 145:22 146:3 

22:23 23:1 102:13 102:17 146:6 146:10 

23:4 23:7 23:9 102:22 105:7 146:12 146:17 

23:15 23:16 105:11 105:13 147:2 147:14 

23:18 23:21 105:22 106:1 147:18 147:21 

23:24 24:2 109:18 112:15 147:25 148:4 

25:5 25:9 26:7 112:17 114:10 148:15 148:19 

26:10 26:12 114:18 118:3 148:22 148:24 

26:15 26:18 118:18 118:23 149:3 149:6 

26:20 26:22 119:8 119:11 149:8 149:16 

26:25 27:4 120:22 120:24 149:19 150:1 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 173 

150:4 150:13 

150:16 150:18 

150:20 150:24 

151:2 151:4 

151:8 151:13 

152:4 152:8 

152:12 152:15 

152:18 152:24 

153:1 153:8 

153:12 153:16 

153:20 153:23 

154:12 154:15 

155:7 155:9 

155:11 155:23 

156:10 157:16 

157:19 157:24 

158:2 158:5 

159:2 159:18 

159:21 

CPlOWPOOlO 5:5 

CPA 103:14 

CPR 102:5 102:9 

create 155:16 

crew 8:11 8:12 

8:13 11:1 11:4 

11:8 11:12 11:13 

11:18 11:19 12:6 

55:6 64:9 65:7 

82:13 92:17 98:8 

105:18 105:18 

127:23 128:25 

129:21 130:10 

130:12 144:6 

crime 104:1 

criminal 104:7 

150:13 151:19 

152:21 154:20 

critical 132:5 

cross 14:7 

58:10 58:12 

91:23 91:24 

118:3 118:4 

130:25 131:1 

137:11 137:12 

cruise 53:18 

cruising 53:17 

cuffed 88:11 

cups 35:20 

curious 22:14 

current 154:24 

currently 103:9 

103:14 103:25 

104:6 131:3 

131:8 149:11 

customer 104:12 

cuts 159:6 

D 

date 151:11 

158:16 

dated 140:5 140:6 

dates 158:8 

dating 141:6 

day 103:22 

105:4 111:16 

124:24 

DC 123:10 

deal 89:13 117:18 

130:2 

dealing 58:5 

dealings 99:17 

death 66:10 

December 23:6 

decent 98:21 

decide 28:7 

decided 19:25 

28:8 74:9 87:12 

decides 53:10 

decision 19:23 

39:9 39:10 45:25 

66:11 155:12 

declined 159:4 

defense 144:24 

defer 14:10 

define 83:10 

definitely 91:7 

97:23 

degree 55:16 

delivered 14: 6 

delivery 158:8 

158:9 158:11 

demeanor 38:21 

39:2 39:2 

71:14 78:9 

85:6 93:12 

100:15 100:21 

110:24 118:6 

Demonstrating 

115:14 

demonstration 

96:15 

deny 29:18 

29:23 31:10 

31:14 31:16 32:5 

deodorizer 92:22 

departing 104:21 

depending 65:2 

102:6 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 174 

depends 102:1 

102:10 130:14 

depict 127:13 

deposition 7:8 

7:13 8:16 

13:20 13:22 

21:20 22:13 24:5 

125:2 125:3 

125:6 125:10 

125:24 126:6 

126:10 126:21 

127:3 127:10 

127:13 

depression 

145:6 152:16 

describe 38:8 

38:21 41:21 42:8 

47:13 47:18 52:9 

55:7 56:19 60:16 

60:17 71:14 80:4 

87:8 88:9 

88:24 89:16 

111:3 136:24 

described 60:21 

60:22 61:8 118:6 

describing 53:7 

95:24 

desk 119:5 119:5 

destination 63:15 

63:21 137:9 

detect 55:12 90:2 

determine 5 : 14 

15:9 57:18 

104:11 

determined 118:16 

determines 53:11 

determining 159:8 

detrimental 91:10 

devices 52:'20 

difference 

120:2 139:11 

different 56:21 

57:14 57:15 

57:17 67:25 

72:18 102:8 

138:15 150:6 

150:8 

differently 155:6 

difficulty 96:12 

diffuse 45:9 

45:20 56:25 57:2 

57:7 109:13 

diffusing 57:3 

57:7 

diligence 127:25 

dinged 41:1 

dint 156:17 

direct 15:24 24:8 

27:9 30:15 68:15 

102:25 122:19 

124:22 129:14 

134:4 158:19 

directed 156:21 

direction 158:15 

directly 119:22 

157:3 

discombobulated 

89:21 

discrepancy 120:9 

discuss 97:8 

discussed 98:23 

156:12 

discussing 61:13 

discussion 

15:15 18:16 72:3 

82:20 122:2 

130:18 146:15 

157:15 

discussions 56:13 

dismayed 60:18 

disorderly 149:24 

disruption 111:23 

113:14 

distance 116:13 

119:4 119:9 

distract 130:13 

distracted 130:20 

130:22 

distraction 116:8 

distributed 30:20 

distributing 

30:19 

District 123:14 

diversion 132:10 

divert 63:12 

63:13 66:6 

66:8 132:6 

diverted 132:13 

Docket 5:4 

doctor 153:2 

153:4 153:7 

153:8 

doctors 55:18 

document 13:12 

21:18 22:15 

23:21 24:6 30:24 

31:2 31:6 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 175 

129:6 140:5 

140:11 

documentation 

144:22 

domino 149:14 

done 40:18 

40:19 40:20 

65:10 76:17 

99:24 131:16 

155:16 

door 51:2 83:4 

83:5 83:11 83:13 

134:18 149:23 

draw 116:8 

drink 32:25 

59:2 77:5 105:15 

drinks 35:20 

40:20 59:3 75:24 

78:25 

Driscoll 7:5 

7:9 7:21 12:23 

122:10 122:17 

122:25 123:1 

126:8 126:15 

127:19 128:24 

129:16 132:23 

drive 137:24 

drivers 125:22 

driver's 74:25 

125:14 125:16 

136:2 

drugs 55:25 104:3 

duck 96:24 

ducking 97:2 

due 66:17 

132:13 158:7 

158:17 

duly 15:22 

68:13 102:23 

122:17 134:2 

Dumond 9:9 

17:11 27:25 28:1 

28:7 38:6 40:4 

42:2 42:13 

48:9 54:21 

65:8 68:6 

68:13 68:19 

68:20 69:13 

69:17 100:3 

102:12 120:7 

135:18 135:25 

136:3 136:11 

147:5 147:11 

during 10:21 45:7 

51:10 54:10 55:8 

55:21 56:5 

61:2 61:10 

70:5 77:1 

92:21 93:1 

94:8 103:25 

106:11 125:3 

125:10 125:24 

135:6 135:11 

135:25 136:1 

151:9 154:20 

duties 8:13 

9:14 11:6 11:9 

11:19 40:16 

75:13 75:15 

75:23 78:24 91:6 

91:11 103:24 

123:18 127:23 

128:3 128:25 

129:1 129:21 

130:12 130:22 

131:6 131:8 

131:18 131:19 

duty 43:10 44:4 

44:4 62:19 

104:13 104:23 

104:24 105:14 

DVD 127:17 146:23 

DVD/Video 127:10 

E 

earlier 51:10 

53:6 

early 106:23 

135:3 

earpiece 141:15 

easy 110:1 

110:1 110:7 

edge 119:4 119:5 

effect 80:17 

114:21 148:16 

149:14 

efforts 66:17 

eight 16:15 

152:23 

either 78:24 

102:11 130:13 

138:23 

elaborate 25:23 

38:24 

elbow 36:11 

electronic 52:20 

else 18:23 29:6 

29:8 48:25 51:16 

115:16 116:9 

123:11 

else's 116:1 

emergencies 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 176 

62:5 62:6 63:6 

92:3 92:6 92:9 

132:4 

emergency 61:14 

61:15 61:19 

61:20 61:23 

62:16 66:14 

91:12 131:20 

131:21 132:9 

132:14 144:13 

144:16 144:22 

145:3 146:13 

148:10 148:17 

154:7 

emotional 61:11 

employed 16:9 

68:20 103:7 

103:8 123:1 

138:22 138:23 

154:23 

employer 138:6 

138:13 

employers 153:5 

employment 

153:6 154:19 

en 127:23 127:25 

encountered 

82:2 131:19 

enforcement 46:15 

46:21 46:25 

51:14 82:14 

82:17 82:21 

82:22 89:3 

89:5 105:4 

109:25 110:13 

129:18 131:15 

e-n-t 138:19 

enter 53:2 

entering 96:22 

entire 54:14 

54:18 54:20 

62:25 63:4 86:17 

87:22 93:3 

101:12 116:3 

125:6 

entirely 156:7 

entirety 64:24 

136:13 

entitled 139:3 

entrance 134:18 

entry 83:16 87:14 

equates 148:5 

Equipment 137:16 

equivalent 148:9 

escalate 109:14 

escalating 

46:13 46:14 

escorting 112:7 

114:4 

establish 158:5 

establishes 

155:19 155:24 

estimate 95:7 

95:10 119:6 

119:25 

estimated 120:7 

estimating 120:5 

estimation 

59:13 59:14 

65:14 65:15 

65:16 136:8 

evaluate 55:15 

90:5 90:6 

evaluation 150:25 

151:15 152:5 

evaluations 151:5 

event 102:1 

103:25 145:18 

145:25 146:3 

146:9 146:10 

events 8:18 88:21 

everybody 15:3 

98:1 98:7 98:7 

110:8 112:9 

112:11 116:1 

117:5 

everybody's 117:3 

everything 15:5 

15:7 21:8 

22:22 29:13 

38:15 45:5 45:12 

46:5 52:22 

109:24 116:12 

148:13 

evidence 7:13 

8:15 8:16 

14:24 120:25 

157:17 157:22 

157:25 158:3 

158:4 

exact 30:3 95:3 

exactly 25:25 

33:4 45:23 

114:20 135:2 

135:4 135:20 

136:20 136:21 

examination 

14:7 15:24 

24:7 24:8 27:9 

30:15 58:12 66:2 

68:15 91:24 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 177 

100:1 102:25 

118:4 122:19 

129:14 131:1 

132:21 134:4 

137:12 

examine 91:23 

130:25 

examined 15:23 

68:14 102:24 

122:18 134:3 

examining 158:22 

example 58:2 

excited 108:17 

exclusive 104:13 

excuse 12:22 

19:18 20:7 

33:2 37:15 44:14 

52:25 79:4 

103:23 118:18 

139:10 154:12 

excused 142:4 

Exhibit 12:23 

23:11 23:12 

67:20 133:10 

157:20 157:21 

Exhibit-1 23:16 

23:20 67:9 

Exhibit-3C 127:6 

Exhibit-Cl 14:21 

Exhibit-C2 13:2 

13:17 126:18 

133:14 

Exhibit-C3 

12:24 13:3 13:18 

13:22 133:14 

Exhibit-C4 

139:3 139:13 

139:17 157:17 

Exhibit-Rl 

23:25 30:20 

Exhibits 133:8 

exist 159:12 

expand 105:10 

expect 9:11 

expected 8:17 

8:18 128:24 

expecting 8:23 

53:19 79:22 

expects 11:11 

experience 41:3 

124:16 

experienced 

117:22 131:23 

expert 154:8 

explain 159:9 

explained 111:19 

explaining 156:13 

explored 154:4 

expression 141:21 

extent 91:8 

129:20 130:7 

130:9 130:11 

extremely 90:24 

eye 95:18 96:8 

107:15 116:4 

eyes 39:1 71:11 

111:2 

F 

FAA 5:4 7:4 7:9 

11:22 47:18 

122:10 123:5 

123:12 131:12 

132:12 132:15 

face 25:6 25:7 

25:10 38:25 

125:19 

facial 141:21 

facing 25:7 37:16 

37:17 37:20 

39:23 39:24 

79:23 83:4 83:13 

106:4 113:25 

114:2 

fact 109:23 

118:14 120:6 

128:12 128:16 

128:17 143:8 

156:2 157.:5 

facts 120:25 

Factual 9 : 21 

fail 151:4 

failed 156:16 

156:24 

failure 8:10 8:11 

156:2 156:3 

156:3 

faint 102:3 

fainted 62:8 

fair 53:15 

fairly 127:2 

familiar 126:18 

127:7 

fast 80:5 80:7 

80:8 

fasten 8:10 33:14 

40:25 41:3 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 178 

41:8 41:15 41:19 

42:17 53:4 54:16 

79:9 90:22 

94:6 142:22 

142:25 143:15 

156:2 156:17 

fastened 42:19 

52:21 143:7 

FBI 9:15 26:19 

26:22 43:10 

44:20 47:6 47:19 

51:3 51:22 

89:2 89:6 102:16 

103:8 103:10 

103:12 103:13 

103:24 110:10 

110:14 130:5 

Federal 6:7 123:4 

131:4 

feel 56:13 60:23 

feeling 18:18 

29:3 102:3 

feet 95:2 95:8 

119:7 119:9 

119:15 120:7 

felt 18:22 

25:16 25:20 

25:20 27:17 

27:19 27:21 

28:22 29:19 

29:24 46:14 

female 70:16 71:2 

73:6 108:5 

134:16 

field 103:9 

103:21 154:24 

fighting 90:18 

114:20 

figure 57:21 

159:9 

figured 149:12 

file 139:8 

139:9 156:14 

filed 156:16 

159:12 

filing 156:18 

158:6 

fill 105:1 

final 98:21 

finally 9:14 9:15 

48:23 78:16 

98:18 98:19 

financial 159:4 

fine 6:10 

finish 24:3 109:5 

110:3 110:5 

116:20 

finished 15:10 

finishes 77:5 

firearm 105:4 

first 9:6 12:8 

24:13 24:22 

24:24 25:13 33:8 

37:14 37:15 41:4 

44:5 44:17 

46:2 47:3 47:4 

52:24 59:12 

84:15 92:6 

97:5 102:9 

112:22 118:10 

130:16 130:19 

135:15 137:17 

137:20 141:12 

fist 11:13 60:24 

five 36:5 55:10 

62:5 62:12 68:25 

113:16 120:9 

132:1 132:2 

132:3 

five-day 5:14 

fix 89:23 

flattery 141:22 

flew 127:20 

flight 6:6 9:5 

9:9 9:16 9:17 

10:15 10:18 

10:21 10:22 11:1 

11:4 11:8 

11:10 11:11 

11:13 16:12 

16:18 16:20 

16:22 17:17 

17:22 17:24 

17:25 17:25 

19:21 27:12 

27:14 31:11 

33:8 40:17 

41:5 43:10 

44:2 44:6 

33:3 

44:15 45:7 45:15 

46:14 51:20 52:7 

52:9 52:10 54:15 

55:1 55:6 55:6 

55:21 56:4 

56:5 56:6 56:8 

56:10 57:23 58:1 

59:1 59:2 59:5 

59:12 61:13 

61:14 61:18 

62:25 63:4 

63:7 63:12 63:19 

63:20 64:17 

64:17 64:24 

64:25 65:4 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 179 

65:7 66:18 66:19 

66:23 67:1 

67:2 67:2 67:4 

67:5 68:23 

69:6 69:8 

69:10 69:12 

69:15 69:18 

69:20 72:10 76:8 

79:8 79:21 

82:9 82:11 84:25 

86:18 88:22 89:9 

89:11 90:4 90:14 

92:21 93:3 

93:5 93:9 97:6 

97:11 97:13 

97:21 98:8 99:21 

100:4 101:19 

101:24 105:3 

105:16 105:18 

105:19 105:24 

106:8 106:10 

106:11 106:13 

106:20 107:10 

107:23 108:4 

108:4 108:19 

109:5 110:4 

110:6 111:13 

111:16 116:20 

117:23 123:13 

123:21 124:10 

124:14 127:23 

127:24 128:7 

128:25 129:17 

129:21 130:5 

130:10 130:10 

130:12 130:18 

131:20 132:13 

134:7 134:11 

134:15 135:1 

135:2 135:3 

135:10 136:6 

136:8 137:8 

137:9 144:5 

144:6 

flights 92:3 

floor 94:19 94:23 

Florida 138:5 

flown 138:1 

flu 11:4 

flushed 38:25 

60:17 

fly 56:24 

124:20 128:4 

137:22 

flying 16:25 

105:1 116:2 

129:24 129:25 

130:14 130:15 

focus 87:23 

130:16 157:4 

focused 71:16 

78:14 100:24 

101:24 109:1 

111:1 

focusing 71:20 

78:10 85:8 93:17 

93:18 101:22 

folks 155:13 

foot 120:10 

120:11 

force 115:14 

115:14 

forcefully 114:25 

forcibly 85:20 

foregoing 94:7 

94:9 94:11 

foremost 84:15 

formal 11:22 

formally 44:16 

forth 72:8 

forward 43:21 

44:23 45:1 

64:8 72:4 

72:12 77:15 

77:16 80:18 81:8 

81:23 83:16 

114:25 115:9 

149:15 

foundation 7:8 

155:25 

foundational 7:14 

14:1 

frame 59:9 

59:11 59:18 60:1 

60:7 97:17 98:14 

Francisco 138:3 

free 20:17 

20:23 88:14 

115:11 134:25 

front 17:3 

28:11 32:24 

33:18 33:20 

33:21 35:8 35:18 

35:19 35:21 39:6 

40:15 41:11 

41:22 41:23 

41:24 41:25 42:9 

42:11 42:25 

42:25 43:1 

45:3 46:19 

48:8 48:9 

48:10 49:19 

54:15 54:18 

54:21 56:9 

60:8 63:24 

64:1 64:2 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 180 

64:10 64:11 

65:19 65:20 

71:25 72:20 73:3 

73:7 73:22 

76:6 76:8 

79:25 81:23 82:3 

82:10 82:23 83:3 

83:5 83:8 

86:22 87:22 

87:23 92:23 

97:18 98:11 

98:12 106:6 

106:13 107:1 

107:14 107:18 

107:19 107:21 

108:7 109:5 

112:1 113:8 

119:21 120:13 

120:15 136:9 

136:10 136:14 

136:22 137:6 

142:8 143:14 

147:10 149:23 

full 111:15 

126:25 158:23 

funny 90:8 

G 

galley 32:24 

33:20 33:21 35:8 

35:18 35:19 

40:10 40:15 

42:25 43:1 

70:7 70:10 

71:1 79:1 81:8 

81:23 83:9 

84:3 84:4 84:6 

86:16 87:14 

100:20 107:22 

113:2 130:6 

gangs 104:3 

104:16 

gap 80:24 

gate 52:14 

52:23 55:3 88:25 

105:3 117:13 

general 10:22 

53:16 100:12 

123:21 128:3 

generally 72:10 

159:10 

generically 

54:4 54:5 54:5 

generous 95:9 

genial 10:23 

gentleman 18:9 

18:24 69:11 

69:23 70:18 

70:19 70:21 

158:8 

gets 89:20 

getting 34:11 

47:23 55:20 

55:23 56:1 85:13 

92:17 98:20 

102:2 135:16 

girl 74:4 

girls 108:24 

gist 27:13 

given 9:12 

12:21 13:25 24:5 

85:10 128:13 

135:9 

giving 115:18 

glasses 117:7 

God 15:19 68:10 

102:20 122:14 

COURT, faePORTING 

Vld<ogl'aphg ~ligation T<chnology -

133:25 

gotten 31:18 

40:19 135:24 

156:12 

Government 158:6 

grab 60:25 81:2 

grabbed 80:17 

81:1 81:10 112:9 

Grand 21:3 21:4 

22:21 

grant 158:2 

gravity 114:8 

group 19:23 

guess 60:9 71:3 

136:7 143:12 

gun 111:16 116:13 

117:14 

H 

hair 25:18 

half 65:1 65:4 

65:13 68:25 

87:19 95:2 98:21 

120:11 135:6 

145:21 145:24 

146:2 152:13 

hand 12:25 14:6 

15:16 23:16 

23:18 36:11 

37:20 68:7 

96:1 96:7 102:17 

111:13 113:24 

114:3 114:7 

114:11 114:14 

122:12 133:22 

146:24 

handcuff 48:17 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 181 

handcuffed 

48:24 49:3 49:24 

50:2 86:21 

111:11 111:12 

136:15 148:23 

148:24 

handcuffing 

110:25 

handcuffs 85:19 

86:4 105:6 105:8 

110:6 110:11 

110:16 110:17 

110:23 113:5 

113:6 149:1 

handed 74:11 

126:15 

handful 132:1 

handing 126:17 

127:5 

handled 92:25 

handles 129:25 

handling 130:17 

hands 13:12 48:19 

113:21 113:23 

116:15 158:16 

happen 104:8 

106:6 106:7 

112:19 

happened 18:15 

26:2 28:18 

32:8 38:1 39:8 

42:15 42:23 45:2 

48:20 49:7 49:24 

50:7 70:23 71:21 

73:1 81:3 

85:16 86:2 86:21 

87:24 88:15 89:8 

89:11 107:19 

111:11 112:6 

112:18 134:19 

141:9 153:25 

159:7 

harassed 18:7 

18:19 

harassing 108:5 

hard 60:19 

95:21 110:1 

110:4 

harm 12:5 

haven't 142:4 

143:18 154:7 

having 15:22 19:8 

28:24 32:5 60:19 

62:14 62:16 

62:25 63:3 63:10 

66:9 68:13 

91:8 92:15 96:12 

102:2 102:23 

109:4 122:17 

129:18 132:16 

132:24 134:2 

144:12 144:15 

148:9 

head 65:2 97:3 

headed 97:18 

Headquarters 

123:10 

heads 57:21 

health 150:25 

151:5 

hear 6:21 7:23 

8:15 9:8 9:10 

9:14 45:11 45:12 

45:21 45:23 

46:20 46:23 

46:24 50:3 73:23 

73:24 87:18 

125:8 128:6 

129:16 130:7 

130:8 

heard 58:23 

72:3 142:7 

143:14 

hearing 5:1 5:4 

5:16 9:20 

13:11 21:4 60:19 

93:15 96:13 

129:5 144:23 

154:6 157:9 

157:10 

heart 11:4 62:7 

62:13 62:17 63:9 

63:10 66:6 

66:9 102:4 

132:15 132:16 

132:24 

hearted 60:18 

height 53:17 

94:24 95:3 

95:7 96:17 96:24 

119:25 120:3 

120:6 120:9 

held 15:15 

82:20 97:3 122:2 

122:5 157:15 

Helicopter 

124:2 124:5 

helicopters 

124:11 

he'll 128:23 

help 11:1 11:8 

12:6 15:19 43:13 

58:3 68:10 

102:20 107:17 
L 

BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 182 

116:6 120:20 

121:1 121:11 

121:14 122:14 

133:24 141:8 

144:8 

Hendricks 17:7 

28:4 28:5 

herself 125:8 

147:9 

hey 76:11 

107:25 108:15 

109:23 117:17 

Hi 109:21 

high 94:18 96:1 

96:7 96:8 97:3 

119:24 

higher 11:25 12:3 

95:13 95:18 

hold 6:24 30:18 

123:25 

holding 81:19 

95:25 96:7 

141:20 

honest 25:24 

136:19 155:1 

Honor 5:24 7:3 

8:3 8:6 8:20 

8:24 9:8 9:21 

9:25 12:10 12:21 

13:6 13:8 

14:17 15:1 

31:4 33:4 

46:22 67:22 

72:10 96:14 

102:15 121:7 

126:13 128:8 

128:22 129:12 

133:9 138:25 

139:12 140:4 

144:20 151:1 

157:18 

Hopefully 24:2 

hour 29:17 33:8 

59:14 65:4 65:13 

79:19 97:13 

98:15 98:16 

98:22 135:5 

135:6 135:23 

136:8 

hours 65:1 

97:24 124:15 

house 149:23 

hurt 60:25 

89:20 91:1 

91:1 91:3 91:3 

hyperventilating 

62:8 62:14 

I 

icing 35:19 

I'd 113:15 

ID 74:11 74:21 

74:24 75:3 

idea 30:6 44:20 

84:16 85:9 

143:20 149:11 

154:5 

identification 

7:18 13:1 13:3 

13:16 13:18 

14:10 14:20 

14:20 14:22 24:1 

30:23 74:9 74:10 

74:11 139:16 

139:18 

identified 

17:22 69:14 

109:21 126:9 

157:20 159:3 

identify 46:21 

46:25 47:6 

82:7 109:18 

110:10 125:8 

identity 43:25 

125:13 

idiot 141:7 

illness 11:3 11:7 

I'm 23:23 43:24 

105:6 

immediately 65:21 

65:23 101:11 

107:17 147:10 

implied 11:24 

12:1 

important 66:5 

90:23 90:24 

inability 137:1 

inappropriate 

25:16 25:17 

28:25 71:5 

Inc 138:19 

inch 120:9 

incident 149:10 

149:17 150:14 

150:15 150:18 

150:19 151:10 

151:19 151:20 

152:13 152:19 

include 104:1 

including 98:8 

increased 130:2 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 183 

indicate 96:6 

indicated 

141:22 157:8 

indicating 

32:11 48:6 50:24 

51:5 51:12 75:14 

95:1 95:12 

96:6 108:9 

112:21 112:24 

114:7 114:7 

114:10 

individual 14:8 

inform 69:22 

82:11 

information 11:20 

19:6 19:11 19:14 

19:17 19:19 

22:19 99:11 

99:12 128:17 

131:13 136:2 

140:11 140:15 

154:19 154:21 

154:23 159:5 

informed 66:13 

74:3 92:16 

initial 55:8 

initially 11:16 

12:1 118:8 

inspected 150:7 

inspector 7:4 7:9 

12:22 122:10 

123:8 123:19 

127:5 127:19 

128:24 129:16 

131:3 131:6 

131:14 132:23 

instead 157:13 

instructed 

71:22 79:16 

instruction 

88:4 110:19 

156:3 156:25 

instructions 8:12 

9:12 43:7 85:10 

Instructor 124:10 

insurance 153:6 

intended 63:14 

128:11 

intent 118:12 

121:7 

intention 11:9 

12:5 

intentionally 

22:3 

interact 12:5 

interacted 

91:16 136:12 

interaction 47:18 

76:3 97:5 110:25 

118:10 136:14 

157:1 

interactions 9:16 

10:24 47:14 

50:12 50:16 

51:25 86:15 

intercede 9:16 

intercepted 

135:17 

intercom 41:2 

interest 15:8 

111:20 

interesting 

159:16 

interfere 11:9 

12:5 91:9 129:21 

130:11 

interference 8:12 

9:14 129:1 

155:17 155:19 

155:21 155:22 

155:24 156:4 

156:8 156:24 

157:10 

Interfering 11:18 

International 

104:22 

intervene 43:16 

Intimidating 

11:18 

intoxicated 55:25 

56:22 

intoxication 

90:15 

introduce 44:5 

105:17 

introduced 44:16 

involved 46:15 

89:25 97:2 

involves 89:16 

89:22 

issue 30:10 

63:1 63:4 104:12 

149:21 159:6 

issues 101:18 

101:20 

J 

Jaime 7:8 8:16 

13:20 13:22 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 184 

18:11 47:23 

47:25 47:25 48:1 

48:14 49:4 

54:7 108:2 

108:22 109:2 

109:2 109:3 

109:8 110:9 

111:1 118:12 

118:17 128:13 

128:16 134:17 

135:16 141:14 

141:16 141:18 

141:21 146:15 

157:21 

James 103:6 

Jamie 108:3 

jet 51:3 134:18 

134:19 

job 83:10 

149:13 159:15 

John 5:7 

joke 45:18 

joking 45:13 

45:17 

Joseph 5:9 

Judge 5:18 10:5 

14:12 15:12 20:9 

31:20 31:23 

44:11 59:10 

112:14 121:24 

122:9 126:15 

133:2 133:6 

139:2 154:11 

154:14 155:8 

155:22 159:1 

159:17 

July 158:6 

jump 41:22 42:1 

79:23 136:24 

136:24 ' 

jumped 117:4 

120:20 121:2 

June 16:15 

Jury 21 : 3 21 : 4 

22:21 

Juvenile 104:17 

K 

kicked 117:6 

kinds 157:9 

knew 29:15 

36:15 44:18 45:5 

107:8 108:3 

knock 114:9 

knocked 115:16 

knowledge 

132:17 139:25 

L 

lady 18:3 18:9 

18:10 35:23 

35:24 62:7 

62:8 69:23 

70:1 70:15 81:15 

92:16 

laid 88:7 88:17 

land 63:18 

landed 63:13 

63:15 63:17 

63:20 64:20 

101:16 

large 115:7 

Las 16:19 20:20 

23:2 41:7 

45:14 45:19 

50:21 51:4 51:17 

69:7 79:19 88:24 

89:3 89:6 

98:16 98:22 

101:16 103:9 

103:22 104:7 

104:13 104:17 

104:21 137:14 

151:16 

last 29:17 62:9 

67:16 67:16 93:5 

100:18 100:19 

123:16 140:7 

later 35:20 

lav 77:14 90:21 

lavatory 77:9 

92:21 93:23 

93:25 94:3 

94:4 94:5 

94:13 97:16 

135:24 

law 46:15 46:21 

46:25 51:14 

82:13 82:17 

82:21 82:22 89:3 

89:5 105:4 

109:24 110:12 

129:18 149:10 

149:17 

lawyer 20:20 

22:18 23:2 

lay 137:5 

leading 119:20 

120:12 120:20 

121:13 149:15 

leaning 34:1 

35:22 35:24 73:4 

73:15 73:16 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 185 

73:25 88:12 

least 86:10 86:13 

135:5 

leave 18:21 38:12 

52:23 71:2 

71:4 93:24 

leaving 38:4 

134:13 

led 98:24 

legal 9:21 148:5 

legit 150:10 

legitimate 150:11 

lend 155:14 

length 40:17 

154:4 

length-wise 97:11 

LEO 82:12 82:17 

82:21 105:3 

L-E-0 82:19 

less 95:3 132:2 

132:3 

let's 72:5 

95:23 119:11 

147:18 

level 9:24 

11:23 89:18 

95:19 118:9 

118:9 118:11 

146:19 156:1 

156:7 157:6 

157:6 158:21 

158:22 159:8 

159:10 159:13 

levels 57:15 

57:16 57:17 

liaison 104:4 

104:6 

license 74:25 

125:15 125:17 

125:22 136:2 

life 66:10 149:6 

lifted 88:18 

light 53:1 

line 134:16 

141:12 141:17 

lines 140:18 

list 128:20 

128:21 

listed 11:23 

128:22 134:17 

listen 78:16 

108:18 110:6 

listened 19:4 

listening 48:1 

71:16 130:19 

lit 143:7 143:9 

143:15 143:19 

143:21 144:11 

147:3 

little 28:20 

28:21 71:18 

71:19 95:2 95:10 

95:13 95:18 

95:21 102:3 

108:16 110:22 

111:2 112:23 

117:17 141:10 

local 89:2 

located 17:1 

123:9 141:5 

141:5 

long 16:14 

COURT: taEPORTING V.d<£o-gr.~tphy ~tig.ation TEeh~ology m 

53:19 59:17 

60:11 60:13 

60:13 64:16 

64:22 64:24 65:2 

68:24 93:5 

103:10 123:5 

140:24 145:12 

145:15 145:18 

146:3 

longer 14:15 82:3 

98:21 138:23 

153:4 158:10 

Los 138:5 

lot 90:20 92:20 

104:3 106:15 

loud 7:22 90:17 

love 54:7 54:9 

87:16 

loved 29:9 

29:10 49:4 

lowered 114:8 

118:14 

L-u-c 138:18 

Lucent 138:15 

138:18 

M 

ma'am 26:10 

Mail 158:13 

main 158:10 

158:13 

mainly 138:2 

maintain 91:6 

maintaining 

154:19 

male 18:7 18:19 

11Q0;110ld777 t J!l~~!k -'9!C'.m ~rlmJ~ ,t, ~ ll.iO Jor.U!) :iP«Inoo; ~ {. .stcpll-, V"A Ut;SG l 51!0M7.15SU 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832~1 186 

70:16 

Management 69:2 

manifest 92:14 

manifestation 

11:7 

manifesting 11:3 

manner 60:25 61:6 

March 151:23 

mark 13:1 14:19 

23:17 23:19 

marked 12:23 13:3 

13:13 13:14 

13:14 13:15 

13:16 13:18 

14:10 14:20 

14:21 23:9 23:25 

30:23 126:17 

127:6 139:2 

139:11 139:13 

139:14 139:15 

139:16 139:16 

139:17 

Markers 137:17 

Market 108:15 

Maryland 124:25 

125:14 

massive 94:7 94:8 

match 125:19 

127:17 

matter 7:4 118:14 

128:14 

matters 6:1 104:1 

104:8 

may 5:2 13:6 13:7 

24:3 45:14 58:15 

58:19 68:12 72:9 

80:24 102:7 

102:22 112:14 

121:25 126:12 

128:8 128:9 

130:19 136:18 

138:25 147:11 

maybe 36:5 42:5 

56:25 60:18 

64:23 71:18 95:2 

95:11 95:18 

95:19 95:21 96:8 

97:20 97:21 

97:24 101:7 

101:8 102:2 

102:6 107:3 

157:13 

McCarran 104:22 

meal 15:5 

mean 14:4 21:23 

27:24 50:22 

55:18 57:7 66:25 

78:13 90:4 93:13 

93:14 101:2 

101:6 104:4 

106:17 115:15 

121:3 124:6 

132:6 143:5 

144:15 154:12 

158:25 

means 20:25 

30:6 41:1 41:1 

93:15 104:7 

124:12 139:15 

143:3 143:6 

158:12 

meant 12:5 

29:23 118:20 

118:21 

MedFlight 66:16 

COURT. r,;EPORTI!NG 

Videogr:tphg ~tlgaticn T~eh:l'lology n~: 

medical 52:3 

56:23 58:2 61:25 

62:1 62:5 62:6 

62:16 63:4 66:13 

66:25 91:19 92:3 

92:24 93:19 94:3 

94:14 101:23 

111:9 131:20 

132:14 144:12 

144:16 144:22 

145:3 146:12 

148:9 148:16 

148:16 152:5 

154:7 155:2 

medically ~3:22 

93:23 

medication 

10:17 52:1 91:17 

111:7 145:5 

145:21 146:2 

146:2 146:4 

152:13 152:19 

153:2 153:13 

153:15 153:17 

medium 60:12 

118:14 

meet 51:14 

meeting 11:22 

117:12 

member 8:12 

8:13 11:18 

54:3 55:6 127:23 

129:22 130:12 

members 8:13 

11:19 53:23 

63:25 64:6 82:13 

130:10 

mental 11:7 

150:25 151:5 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 187 

mention 84:24 

mentioned 144:14 

message 52:19 

met 10:21 26:16 

26:21 26:22 

29:16 42:13 44:1 

44:11 44:14 

108:3 

microphone 22:5 

22:10 58:24 

96:10 

middle 24:18 

24:20 24:20 25:3 

75:16 75:21 

77:11 106:10 

107:12 111:15 

114:11 135:13 

mid-way 106:23 

mike 6 : 21 6 : 2 4 

7:25 10:13 

16:6 44:10 58:18 

mind 29:14 

46:16 80:23 

84:19 158:22 

Minneapolis 

123:13 

minute 20:8 87:21 

101:14 117:2 

minutes 33:23 

35:20 36:5 59:14 

60:3 60:14 60:14 

62:12 62:12 

64:23 65:13 

69:19 97:12 

98:22 113:16 

135:23 147:12 

148:11 148:11 

155:5 

mode 111:4 

model 156:22 

Mollica 9:15 

43:20 44:1 44:15 

46:20 46:24 47:8 

47:10 47:15 

47:19 47:21 48:1 

48:2 48:10 48:11 

48:18 48:22 

48:24 49:1 

49:8 49:9 

49:11 49:22 

49:25 50:1 

50:3 50:5 

50:10 50:13 

50:17 53:24 

54:11 54:20 64:2 

64:16 66:18 

66:22 66:23 81:6 

81:7 82:1 82:5 

83:1 83:18 84:13 

84:14 85:14 

85:17 86:3 

86:8 86:20 86:25 

87:12 87:25 88:6 

88:7 88:17 94:18 

98:25 102:16 

103:2 103:6 

103:7 109:22 

111:24 112:16 

115:13 115:20 

136:12 136:16 

136:21 137:1 

137:5 137:8 

142:8 148:20 

149:1 157:2 

M-o-1-1-i-c-a 

103:6 

MOLLICA 102:23 

moment 67:15 

102:15 145:2 

moments 28:13 

monitor 56:3 

monitoring 

128:1 129:24 

months 152:23 

Moorman 9:5 15:13 

15:22 16:1 

16:4 16:7 16:9 

17:16 17:21 

17:23 24:10 

27:11 30:17 

30:22 31:10 

47:13 54:14 58:8 

66:4 67:8 

69:20 70:12 

74:13 83:1 83:13 

83:15 85:15 92:1 

135:15 135:16 

135:18 136:4 

136:5 136:9 

136:10 136:11 

143:21 143:24 

147:1 147:5 

147:8 

morning 16:1 16:2 

58:14 68:17 72:3 

103:2 103:3 

134:13 134:15 

mostly 56:25 

57:14 

Motions 158:3 

mouth 96:1 96:7 

move 25:22 

27:20 45:25 46:8 

47:15 47:20 48:5 

64:3 64:8 

65:18 74:4 86:24 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 188 

101:4 102:7 

133:7 133:16 

157:17 157:24 

moved 39:14 

46:6 46:9 48:7 

49:18 49:20 

59:16 59:22 

59:25 63:23 64:3 

64:7 64:10 69:25 

80:4 80:22 86:13 

92:20 108:6 

142:18 146:22 

147:6 147:10 

movements 90:20 

moves 14:23 

133:13 

moving 42:8 

50:1 60:1 64:1 

64:1 65:5 

86:12 87:13 

94:17 

Mr.Mollica 81:6 

Mr.Wallaesa 50:13 

multi-engine 

124:3 

multiple 138:3 

149:14 

myself 10:8 

38:6 58:15 58:15 

58:19 70:25 81:7 

82:9 82:25 

102:11 104:24 

105:17 109:21 

133:19 

N 

nature 76:2 84:24 

87:16 144:23 

necessarily 11:6 

necessary 5:15 

14:4 14:15 93:25 

94:2 153:21 

155:12 

neighbor 149:20 

149:21 

nervous 71:18 

nevertheless 

159:6 

night 10:16 

nine 103:11 

152:23 

nobody 110:22 

117:6 

none 117:5 150:9 

non-routine 17:25 

18:1 50:22 

normal 78:24 

109:11 109:15 

normally 137:17 

137:24 

note 20:8 20:12 

20:14 21:20 26:8 

nothing 15:19 

68:9 91:22 

102:12 102:20 

122:14 132:5 

132:6 133:2 

133:24 142:1 

notice 41:14 

41:18 78:9 87:20 

129:2 

noticed 40:23 

106:9 106:11 

106:15 121:19 

noticing 36:3 

Notification 

156:19 

November 8:18 

10:15 16:16 

17:23 23:5 61:16 

61:19 63:20 67:5 

69:4 69:14 

92:4 103:11 

103:18 104:19 

134:11 134:20 

137:18 140:8 

nut 91:3 

0 

object 128:8 

128:9 140:17 

144:21 

objection 5:14 

14:8 129:11 

objections 133:15 

obnoxious 90:17 

obtain 20:22 

obtained 20:16 

obviously 56:8 

73:25 90:15 94:2 

occasion 6:6 

occasions 9:8 

138:4 

occur 69:18 

offended 89:21 

offer 8:16 

14:18 23:12 

23:14 154:24 

offered 154:7 

154:21 154:22 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 189 

Office 103:9 42:13 45:21 46:1 137:19 138:21 

103:21 123:14 49:18 49:23 50:7 138:25 140:1 

officer 26:18 50:21 51:16 140:23 141:2 

26:22 43:10 51:25 52:6 141:8 141:11 

43:15 44:3 53:5 53:21 54:10 141:24 143:8 

44:6 44:18 46:15 54:13 54:25 145:22 146:6 

46:21 46:25 55:17 55:22 151:13 152:12 

82:14 82:18 57:23 59:15 153:16 153:22 

82:21 82:22 59:24 60:4 60:21 154:5 154:10 

105:4 109:25 61:12 62:10 155:9 155:11 

110:13 130:16 63:23 64:13 155:23 157:11 

130:19 151:11 64:15 65:5 65:25 158:2 158:4 

66:12 68:3 69:16 158:16 159:14 

officers 26:16 70:2 72:2 159:21 

51:4 129:18 72:21 73:7 73:18 older 35:23 

Officer's 24:23 74:1 74:12 75:11 

24:24 37:14 76:1 76:14 7 6:17 omission 7:18 

37:15 76:25 77:3 ones 131:7 

oh 13:15 25:7 77:7 77:12 77:22 open 115:7 

79:12 87:21 78:18 81:3 

81:9 81:16 81:19 opened 51:2 

okay 5:10 5:13 82:23 83:12 134:18 

5:19 5:23 6:2 85:14 86:20 Opening 5:20 5:22 

6:9 6:17 6:22 86:23 86:25 5:25 8:4 10:3 

6:24 7:1 8:1 8:4 89:13 92:13 93:1 52:18 

9:18 10:2 10:6 93:19 94:21 95:5 

12:7 13:12 15:14 operating 6:7 

95:6 96:19 

18:8 18:12 18:15 97:5 97:22 98:10 Operations 123:19 

19:2 19:14 98:23 99:10 123:22 

23:7 23:15 23:24 99:24 101:22 opinion 61:2 61:4 

25:13 26:3 26:12 103:10 106:1 144:19 

26:18 26:20 27:4 106:19 110:15 

27:7 29:18 112:6 112:24 opposite 73:5 

30:5 30:21 113:3 113:6 73:16 

31:8 31:24 113:21 118:25 opposition 143:10 

32:2 32:7 33:6 119:14 121:3 option 116:14 

33:9 35:2 35:7 121:3 121:18 

35:11 36:6 121:22 124:12 options 108:25 

38:1 38:8 130:24 131:18 109:17 

39:14 39:19 132:8 132:18 orally 67:13 68:1 

39:25 40:4 133:3 133:7 order 23:22 

40:9 40:11 40:22 133:15 133:21 

COURT: ,~ iB~EIPO:RTING VildEogr.aphy !.c " Utlgaticn T~c:hnolcgy m 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 190 

139:14 

ordered 12 6: 11 

orderly 91:6 

ordinary 62:24 

63:3 69:17 106:7 

originally 

18:25 32:19 

96:23 

Orlando 138:5 

138:9 

others 100:8 

100:10 

otherwise 24:3 

72:17 116:19 

ourselves 56:14 

outside 12:14 

12:18 130:6 

134:20 

overhead 94:19 

94:24 95:11 

overrule 129:10 

145:1 

oversee 131:12 

oversight 123:20 

overwrought 101:1 

oxygen 92:24 

p 

p.m 122:4 122:5 

122:6 159:24 

PA 52:18 87:2 

87:11 113:9 

113:11 

pad 19:18 26:4 

page 67:16 

67:17 140:1 

140:7 141:11 

pair 105:5 105:8 

panaplay 158:23 

panic 10:17 

146:14 

paper 26:4 

paperwork 44:4 

44:7 44:18 

82:8 105:1 

Paragraph 6 : 5 

pardon 100:9 

parked 150:8 

parking 149:25 

150:2 

particular 

146:1 155:13 

156:22 

particularly 

137:23 

parties 24:11 

89:25 

passed 33:23 36:1 

passenger 10:15 

18:7 18:19 39:11 

39:13 39:14 52:6 

56:14 57:10 

70:16 70:16 71:3 

73:6 86:11 

99:8 101:23 

101:24 102:8 

104:9 108:6 

129:2 134:7 

134:10 134:16 

134:16 

passengers 41:4 

42:17 47:16 

47:20 49:4 

49:6 49:15 49:21 

49:23 52:13 

52:19 53:13 

53:23 54:3 55:15 

55:20 55:23 56:3 

56:9 56:11 56:12 

56:22 56:22 

56:23 58:1 

58:4 58:6 59:2 

59:4 59:5 

63:25 64:7 

64:9 67:1 74:7 

74:14 74:16 

7 5:25 7 9: ·9 

84:1 86:7 

86:10 86:13 

87:20 89:14 90:6 

90:10 90:13 

90:18 90:23 91:8 

99:3 100:3 

100:12 101:20 

101:25 115:4 

117:5 

passenger's 18:8 

past 77:14 106:10 

155:15 

patient 66:6 

patiently 136:4 

patterns 53:12 

Paxil 145:9 

145:11 

P-a-x-i-1 

145:11 145:12 

pay 10:20 93:2 

135:8 159:5 

paying 71:17 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 191 

peacefully 89:20 perfumes 92:18 131:18 131:19 

penalty 9:24 persistent 113:10 132:9 136:7 

11:23 11:24 person 10:22 pilots 72:11 

11:25 12:2 10:24 17:19 pimps 104:17 

155:15 156:1 62:16 62:18 

156:5 156:6 plane 19:24 

62:20 70:6 26:5 31:15 31:19 157:6 157:7 70:8 82:10 94:12 31:22 31:25 34:4 158:21 158:22 99:19 104:12 34:5 37:16 53:16 159:8 159:10 118:16 119:17 59:16 59:23 60:5 159:13 119:18 132:15 60:6 60:8 

Pennsylvania 144:8 144:8 60:16 60:23 

103:15 148:8 63:13 63:15 

Penny 17:7 personal 62:17 63:24 63:24 

27:20 28:3 personally 63:25 64:2 

28:3 28:5 38:6 118:1 131:16 64:7 64:8 64:9 

65:8 69:22 70:25 64:10 65:6 

74:6 personnel 89:2 66:8 69:22 

89:2 70:5 71:25 people 56:8 56:24 

56:24 66:16 phone 19:6 72:1 72:7 

78:25 85:8 43:19 66:15 72:16 72:20 

91:2 91:4 phrase 58:20 72:24 73:5 

91:13 91:14 142:.15 73:8 73:10 73:13 

91:15 98:25 73:22 74:5 

physical 11:3 74:6 74:8 106:11 106:19 11:6 57:17 99:18 

107:4 116:2 74:12 75:10 

117:4 120:19 physically 11:3 75:16 75:17 

121:1 121:11 11:12 60:24 61:1 75:21 78:4 7 9:25 

121:14 121:18 PIC 124:8 124:9 82:3 82:8 

121:20 143:14 124:12 82:10 83:21 

83:22 86:23 87:2 

people's 72:18 pick 41:2 87:7 87:11 87:17 

percent 93:8 picture 46:18 87:19 87:22 

percentage-wise 125:16 87:22 90:3 90:10 

90:11 92:23 93:7 93:8 97:11 piece 15:5 46:16 93:23 94:19 

perform 102:5 pilot 105:17 94:20 94:23 

102:9 123:23 124:1 95:24 96:21 

performance 124:12 124:17 96:22 97:8 97:15 

8:13 11:19 127:22 128:3 97:18 98:1 

129:23 129:25 98:7 98:11 98:12 performing 11:5 130:14 130:15 99:1 99:2 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 192 

99:12 99:19 

102:8 106:13 

107:14 107:18 

107:20 107:21 

108:7 108:8 

112:1 112:9 

113:8 116:1 

116:6 116:10 

116:11 116:14 

117:15 119:3 

120:18 134:12 

134:24 135:13 

135:14 135:14 

135:18 136:5 

136:9 136:10 

136:14 136:22 

136:25 137:6 

142:9 144:4 

145:7 146:16 

146:19 147:6 

147:7 147:10 

148:12 149:4 

155:4 

planes 72:2 

play 14:2 

Playing 14:9 

please 15:21 

17:19 21:15 

23:10 23:17 

23:18 30:18 

58:24 66:4 

68:18 96:9 

54:1 

67:18 

103:5 

112:17 119:24 

122:16 122:24 

141:19 147:11 

pleasure 141:20 

plenty 108:24 

point 10:25 11:13 

17:19 18:14 

18:22 19:10 22:9 

32:23 33:3 33:15 

34:1 34:7 35:7 

36:15 36:17 37:3 

38:20 39:5 39:10 

40:20 41:18 43:4 

43:13 43:18 

43:20 45:24 

45:25 48:4 

48:4 48:23 

49:2 51:21 51:25 

53:1 53:5 61:5 

61:10 62:8 70:23 

70:24 71:22 73:2 

74:2 75:12 76:10 

76:23 76:24 80:1 

81:4 83:6 

85:12 85:17 86:3 

86:6 87:12 

88:7 88:16 91:16 

98:2 99:17 

100:17 107:16 

108:10 112:5 

112:7 112:11 

113:17 113:19 

113:21 113:23 

135:1 136:1 

136:16 136:17 

142:18 142:21 

144:21 146:25 

148:13 153:5 

155:3 156:15 

points 61:2 

police 26:18 51:4 

89:3 89:7 117:12 

pop 137:3 

portable 52:20 

portion 70:5 

127:23 127:25 

151:20 

position 16:24 

16:25 17:1 

17:4 17:6 17:8 

17:10 69:20 

69:21 70:2 

70:4 75:19 

129:25 156:4 

156:13 159:9 

possible 94:1 

111:17 

possibly 60:18 

61:6 63:5 121:1 

post 156:17 

Post-911 1·16: 6 

potential 128:25 

pouring 35:20 

pre-board 105:16 

precedents 158:20 

158:22 

predicate 120:24 

prefer 12:18 

Pre-Hearing 

156:18 

preliminary 5:25 

preparing 32:25 

prepped 115:19 

prescribed 

145:6 153:2 

prescription 

10:17 

present 7:10 8:14 

9:5 9:23 13:10 

17:22 22:2 

22:8 22:11 

46:1 46:3 

69:14 125:3 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 193 

126:9 128:17 

presentation 

14:11 

presented 22:3 

30:23 158:24 

presenting 5:17 

pressure 114:16 

114:24 

pretty 38:9 101:6 

149:7 

previous 10:16 

22:16 22:17 63:6 

128:6 129:16 

131:18 138:6 

previously 6:19 

6:23 7:25 31:3 

46:10 53:22 

61:15 92:1 115:4 

135:23 139:21 

151:15 154:21 

157:8 

primary 57:3 57:6 

Principle 123:19 

prior 11:23 52:16 

61:15 61:19 92:4 

117:23 134:22 

145:6 145:21 

149:10 

Privileges 124:2 

probably 29:12 

42:5 62:5 

81:21 87:19 93:6 

93:8 97:12 97:20 

130:15 131:14 

132:2 

probation 

151:11 151:19 

152:21 153:11 

problem 30:11 

89:19 89:22 

107:24 113:2 

115:18 116:20 

problematic 129:1 

problems 111:22 

proceed 5:23 24:7 

proceeded 18:18 

28:11 28:15 86:7 

88:1 107:17 

143:10 

proceeding 139:20 

150:21 151:9 

158:24 

proceedings 

159:23 

process 131:15 

148:9 

proffered 7:19 

proof 135:7 

proper 5:15 

properly 56:1 

150:7 150:8 

propose 9 : 2 3 

proposed 12:1 

129:7 156:1 

prostitutes 

104:17 

protect 83:8 

83:10 

protested 149:24 

protocol 66:14 

provide 21:5 

105:23 159:4 

provided 21:8 

Public 103:16 

pull 52:13 

96:10 136:22 

pulled 88:25 

112:10 115:6 

purpose 42:11 

purposes 153:23 

pursue 80:1 

146:25 

pursued 147:1 

push 50:5 88:12 

114:17 114:25 

115:9 115:21 

117:15 

pushing 115:1 

putting 78:25 

114:24 

Q 

question 8:22 

14:10 29:23 

29:24 30:1 

30:2 30:12 

64:5 66:5 

72:21 84:20 92:2 

108:23 120:25 

121:10 141:16 

147:19 155:18 

155:24 

questions 55:5 

58:9 58:14 

67:7 118:2 

130:24 155:14 

quickly 41:24 

42:10 42:10 

79:25 80:5 101:4 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 194 

106:6 

quiet 87:25 

113:13 117:21 

quite 31:13 

R 

Rl 30:19 30:24 

158:4 

radio 130:20 

raise 15:16 60:24 

60:25 68:7 

102:17 122:11 

133:21 

raised 11:12 

11:13 61:3 

118:13 118:15 

118:19 118:21 

144:24 

ran 153:6 

rang 18:4 

range 41:7 138:12 

rapidly 80:5 

101:6 

rapport 108:12 

rather 110:7 

rating 124:3 

124:4 

ratings 124:8 

124:9 124:10 

reach 53:18 83:11 

reached 87:14 

reaction 92:11 

92:13 92:15 

93:10 137:5 

ready 86:23 86:24 

111:5 115:15 

121:21 

realize 67:16 

realized 121:16 

really 14:3 31:13 

48:1 60:9 

60:19 71:11 

73:21 116:14 

rear 72:7 72:20 

77:9 79:22 97:15 

108:6 136:25 

155:4 

rearrange 74:7 

86:7 86:9 

reason 9:1 94:4 

109:12 

reasonable 43:7 

119:7 155:12 

reasons 150:6 

150:6 150:9 

recall 16:16 

16:24 24:4 

25:3 38:15 

40:4 40:6 40:7 

40:19 46:5 

49:2 59:7 59:8 

60:3 60:10 64:14 

65:24 69:4 74:23 

77:2 84:14 

92:8 92:12 

99:9 100:6 100:7 

100:11 103:18 

104:19 106:22 

110:13 125:21 

132:3 

receipt 135:8 

receive 56:16 

135:8 

received 22:18 

31:2 131:10 

135:7 151:15 

receiving 134:25 

recognize 17:16 

31:5 41:14 69:10 

126:5 

recognized 40:23 

recollection 

33:10 

reconfined 151:9 

record 14:5 

15:6 15:15 

16:3 17:21 

30:6 58:24 68:18 

69:13 82:20 96:2 

96:5 103:4 

118:23 119:13 

122:2 122:3 

122:7 122:23 

126:8 139:4 

139:6 155:16 

156:1 156:5 

157:4 157:15 

157:16 159:3 

recording 7:13 

Recross 154:12 

red 38:25 

redeem 135:1 

. 135:9 

redirect 66:1 

66:2 99:25 100:1 

121:23 132:20 

132:21 154:10 

154:15 

refer 10:8 

53:22 58:15 

58:19 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 195 

references 72:6 

72:6 72:15 

119:12 

referred 31:3 

referring 52:14 

119:9 

refused 42:20 

42:21 42:22 43:4 

48:13 48:15 

100:4 

regarding 12:22 

142:23 

regardless 128:4 

regards 90:7 

Regs 132:25 

regular 39:1 39:2 

39:3 

Regulations 6:8 

154:2 

reiterated 84:12 

related 129:5 

relating 156:7 

relatively 94:12 

release 151:18 

released 150:21 

151:16 

relevant 157:3 

remain 12:14 

86:14 90:23 

remainder 66:19 

remained 135:21 

remaining 133:8 

remember 18:8 

25:25 29:12 30:3 

33:1 33:5 

33:12 33:22 

38:14 38:16 42:4 

51:16 59:1 

71:9 71:24 

72:1 73:18 

74:1 76:25 

83:2 92:10 92:11 

99:7 124:23 

131:25 134:24 

135:2 135:3 

135:15 135:15 

135:20 135:22 

136:13 136:14 

136:18 136:18 

136:21 141:8 

142:13 142:24 

150:5 151:22 

152:10 

removed 141:15 

repeat 47:17 54:1 

repeated 27:16 

repeating 47:24 

rephrase 59:11 

121:10 

report 150:25 

152:8 152:9 

152:11 154:8 

154:25 

Reporter 13:1 

21:2 23:17 23:18 

126:16 

Reporting 20:18 

20:24 

represent 127:2 

representing 5:12 

10:8 58:15 

request 12:13 

14:2 22:17 76:14 

76:20 77:3 99:13 

99:15 

requested 11:22 

requests 9:2 0 

12:19 

required 5:15 

151:17 

requirement 

143:10 

rescheduled 

151:12 

re-seat 39:10 

39:25 40:2 74:13 

re-seated 59:15 

60:5 60:7 74:7 

75:7 75:9 

re-seats 74:16 

residence 134:14 

resistance 99:15 

resisting 137:2 

137:2 

resolution 56:17 

resolve 62:11 

89:20 

resolved 62:15 

62:18 62:22 

148:14 

respect 7:18 67:1 

156:23 157:12 

158:21 159:10 

respectfully 9:20 

Respectively 8:9 

respond 48:2 

80:15 85:3 106:6 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 196 

108:20 112:2 

140:21 

responded 45:22 

Respondent 5:10 

5:11 9:17 

21:18 134:12 

139:4 141:13 

141:14 141:15 

141:17 141:19 

141:19 141:21 

Respondent's 

23:11 23:16 

23:19 23:25 

30:19 30:20 67:9 

67:20 157:20 

response 19:3 

35:15 35:16 36:6 

71:8 85:21 

96:8 140:23 

141:2 141:22 

158:7 158:17 

responsible 

11:5 70:5 

Responsive 157:13 

rest 22:24 66:23 

rests 115:6 

result 151:8 

152:4 152:7 

resulted 155:6 

results 152:10 

resume 40:16 

75:15 

resumed 75:12 

Retail 69:2 

retrieves 21:18 

retrieving 78:25 

return 24:2 48:15 

returned 77:13 

review 126:22 

127:11 

reviews 67:20 

road 117:18 

Rob 27:21 27:24 

27:24 28:1 

38:6 42:24 48:9 

robberies 104:2 

104:2 104:16 

robbery 104:1 

Robert 9:9 

17:11 38:19 39:9 

42:2 68:5 

68:13 68:19 

room 12:15 

12:18 86:24 

126:5 

roughly 106:21 

119:15 123:15 

136:6 138:11 

145:17 145:20 

152:22 

route 127:23 

127:25 

routine 17:24 

50:22 50:25 

51:19 

Rovercraft 124:2 

row 18:3 18:5 

18:7 18:12 18:13 

18:13 18:19 

18:25 20:5 24:15 

25:2 25:3 

28:12 33:19 

33:25 34:2 36:10 

36:10 37:6 

37:9 39:11 39:12 

39:12 39:13 

39:14 39:15 

39:16 39:18 

40:11 42:4 

42:5 42:6 

42:14 44:23 

44:25 46:9 46:10 

48:7 49:10 49:14 

49:15 49:17 

49:21 49:22 

49:25 50:1 

50:3 50:6 50:9 

50:14 50:19 

50:20 59:22 

59:25 60:1 

60:5 65:11 65:17 

71:24 73:18 

73:19 73:21 75:9 

80:13 81:20 

81:21 82:3 

86:8 88:2 88:5 

88:8 88:17 88:17 

94:17 96:23 97:3 

99:9 99:9 

101:7 101:10 

115:3 115:5 

135:12 135:20 

135:21 137:3 

137:4 137:6 

147:7 148:25 

rows 86:23 

101:8 106:3 

rude 90:16 

running 80:6 80:7 

s 

safe 53:13 91:14 

safely 108:18 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 197 

safety 46:16 32:18 33:25 79:6 79:9 

52:14 55:7 34:15 34:22 79:13 80:2 86:14 

55:8 91:5 115:24 34:24 35:1 35:22 90:22 91:9 

115:25 116:1 38:4 38:11 38:13 94:6 94:11 

123:8 38:13 39:6 39:13 101:12 142:22 

San 138:3 41:22 41:24 42:2 143:1 143:7 

42:16 42:20 43:3 143:9 143:15 

sat 33:19 35:1 43:9 45:17 48:15 144:11 147:3 

50:9 50:10 59:17 49:10 49:12 50:6 156:2 156:17 

78:1 88:19 97:16 50:11 52:22 64:4 seatbelts 41:6 97:16 117:1 70:1 71:23 41:9 42:19 52:21 117:7 117:8 73:4 73:15 73:16 

135:12 135:19 76:5 77:14 77:16 seated 15:21 20:3 

147:7 147:8 77:23 77:24 78:5 24:11 24:14 

147:9 147:12 79:23 82:12 24:25 32:12 37:6 

148:10 155:4 87:13 93:24 37:8 41:6 41:8 

saw 22:13 36:8 98:24 106:5 41:22 43:11 

42:1 71:15 106:5 106:14 43:22 44:23 

73:7 73:13 106:24 107:13 44:25 48:8 50:14 

85:7 107:16 108:6 108:19 50:19 50:20 

125:19 136:23 109:5 111:15 52:20 64:16 

137:2 149:14 111:21 112:8 64:19 65:11 

115:7 115:7 65:17 68:12 71:7 

scared 116:2 71:24 76:22 115:8 115:10 

scenario 56:20 115:12 115:21 76:23 77:15 

129:23 130:11 116:16 116:25 77:17 78:3 78:21 

130:23 131:16 117:8 117:8 79:10 79:16 

scenarios 56:21 119:17 119:21 79:18 79:21 

120:13 121:13 79:22 82:12 

Schedule 158:6 90:23 92:19 121:14 135:13 

scheduled 151:22 135:21 136:15 96:23 97:14 

scheduling 151:7 136:23 137:3 98:19 99:3 

141:23 146:23 101:15 102:22 

Schools 123:21 106:2 106:3 

seatbelt 8:10 screaming 118:8 122:16 135:13 

8:11 9:13 135:22 143:6 seat 18:6 24:16 33:14 40:25 41:4 148:25 

24:17 24:19 41:16 41:19 

24:19 24:19 42:17 52:25 53:3 seating 107:3 

24:20 24:21 25:3 53:4 53:7 53:8 seats 17:14 18:17 

27:20 32:10 54:16 76:25 18:23 24:21 25:6 

32:14 32:16 77:17 79:3 25:7 25:7 

COUR'I:,EPORTING 

V~d~ogra.phg ~tigaticn Tl:letl'l'lology ·m 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 198 

42:18 53:14 

70:17 72:21 88:8 

88:17 96:21 

96:22 97:4 

106:12 106:20 

109:4 110:3 

111:13 111:18 

113:19 114:5 

119:3 137:6 

second 7:3 

37:24 95:5 96:18 

112:19 124:7 

134:16 135:12 

146:22 

section 8:8 8:8 

8:9 11:17 

11:20 11:20 

62:17 131:11 

135:14 155:20 

sections 12:2 

131:11 

security 51:3 

83:6 105:23 

seeing 13:13 

21:24 120:14 

153:11 

seek 152:22 

seeking 11:8 12:6 

144:7 144:8 

154:18 

seem 71:19 

78:15 85:9 

seemed 78:10 

78:14 80:23 

85:12 100:24 

100:25 

seems 14:9 144:23 

seen 14:5 

select 59:4 

self 105:14 

SEMA 137:16 

sense 119:12 

sent 136:15 

151:16 151:16 

separates 84:1 

84:4 

September 123:6 

123:16 123:16 

Series 17:13 

serious 132:14 

serve 79:13 

served 10:18 

service 32:25 

59:2 59:3 70:6 

76:12 77:5 

93:2 104:12 

services 40:18 

servicing 93:10 

serving 75:24 

79:11 

seven 106:3 141:1 

141:6 

several 9:8 25:18 

29:10 33:23 51:3 

52:12 62:2 

62:3 92:20 138:1 

138:4 151:21 

156:25 

severity 102:1 

shell 91:3 

shoot 117:14 

148:20 

COURT. 1'!iePORTING Vdd~ogr.aphy ~Ugaticn T~cltnotogy u: 

short 60:11 73:3 

shortly 77:8 

79:24 82:2 

shoulder 114:6 

114:11 114:12 

114:14 141:14 

shown 21:22 21:23 

96:1 

shows 137:22 

137:23 

SIC 124:4 124:6 

sick 102:2 

sides 20: 2' 

27:23 72:2 

sign 8:11 9:13 

33:14 40:25 41:4 

41:16 41:19 

42:17 53:3 

53:4 53:8 53:8 

53:11 53:20 

54:16 76:25 79:3 

79:6 79:9 

79:14 80:2 86:14 

90:22 91:9 

94:6 94:11 

101:12 142:22 

143:1 143:7 

143:9 143:15 

144:11 147:3 

signs 90:12 

simple 12:13 

simultaneously 

80:23 

single 124:3 

140:19 140:20 

sir 5:21 10:14 

15:20 21:21 27:3 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 199 

47:2 52:2 52:5 

53:2 54:12 58:11 

58:20 61:22 67:3 

68:2 68:7 69:9 

72:25 74:20 

74:22 75:4 

75:6 78:7 

79:12 79:15 81:2 

82:22 84:2 

84:5 96:11 

100:14 102:13 

103:17 109:10 

119:1 133:4 

139:5 142:3 

142:5 150:23 

157:23 158:1 

159:20 

sit 9:12 10:13 

22:5 25:21 34:15 

34:22 34:23 

39:18 40:11 

41:12 43:8 

44:8 50:4 

57:25 65:17 

71:23 76:7 78:16 

80:12 80:14 

80:20 81:5 

81:9 81:12 84:10 

84:11 84:12 

84:23 85:1 

85:1 85:2 85:2 

85:19 85:20 

85:24 86:25 87:4 

88:1 96:9 

97:24 98:1 

98:3 98:6 98:7 

99:8 100:4 

100:12 100:13 

106:5 107:4 

107:5 107:8 

110:3 110:6 

111:15 116:23 

117:20 120:5 

140:2 142:12 

156:3 156:21 

156:25 

sits 156:6 

sitting 25:2 43:3 

46:11 50:8 66:19 

66:22 72:22 

82:12 82:16 

84:18 101:7 

101:8 113:11 

115:4 125:25 

126:1 148:12 

situation 45:10 

45:20 46:13 

61:15 61:19 

61:20 61:23 62:1 

62:11 62:20 

66:10 83:7 84:18 

89:24 91:14 93:3 

95:23 102:7 

102:10 109:13 

115:18 121:21 

130:3 130:17 

131:20 148:7 

159:10 

situational 90:9 

situations 

61:14 62:10 

six 62:5 106:3 

120:9 132:1 

six-inch 105:10 

skills 57:3 57:6 

skipping 80:6 

slid 88:18 

slow 110:21 

slowly 50:1 101:4 

136:23 

small 19:12 

27:2 45:4 

smells 90:7 

smooth 94:12 

softly 58:20 

solemnly 15:17 

68:8 102:18 

122:12 133:22 

somebody 18:23 

23:1 62:14 62:25 

63:3 63:10 

66:6 92:15 93:22 

96:24 106:12 

107:7 116:9 

116:15 136:23 

137:3 148:7 

someone 12:19 

26:13 66:8 102:2 

sometime 23:5 

134:14 135:6 

135:11 

somewhat 158:15 

somewhere 44:24 

63:15 63:17 

106:11 135:19 

sorry 16:21 19:16 

20:19 23:23 28:1 

28:2 29:7 

31:18 34:21 37:7 

37:21 40:1 41:17 

43:24 46:22 47:1 

47:17 49:20 

50:15 51:18 

53:25 57:5 58:20 

60:20 65:8 65:22 

82:15 87:15 

94:10 98:24 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 200 

105:7 124:7 

142:6 143:22 

145:10 

sort 40:21 

71:13 80:24 

102:9 104:10 

sought 11:1 60:7 

sound 90:8 

sounds 30:4 

Southwest 6:6 9:6 

10:19 16:12 51:4 

55:9 59:5 

68:23 89:3 107:2 

128:7 129:17 

134:11 

space 149:25 

150:2 

speak 7:22 

10:13 16:6 

18:5 58:17 58:20 

58:24 72:10 

72:11 73:14 

134:9 135:16 

136:3 136:6 

136:9 142:17 

143:21 143:23 

146:25 147:8 

147:11 147:13 

147:15 147:16 

147:22 147:25 

148:2 148:7 

148:8 

speaking 28:19 

58:25 60:2 118:7 

118:8 135:15 

special 94:18 

105:1 

Specialty 137:16 

specifically 54:3 

105:23 110:12 

140:14 

specifics 92:17 

spell 105:11 

138:17 

spending 90:20 

spent 113:16 

spoke 6:3 7:10 

7:11 9:7 9:9 

24:13 25:13 

31:12 59:19 60:4 

60:15 65:7 93:12 

135:18 135:25 

136:3 151:14 

spoken 59:22 

155:15 

sprayed 92:21 

spun 110:21 

squatted 114:9 

staff 51:4 

stand 15:17 

68:6 95:5 

96:18 102:16 

102:18 112:16 

119:24 120:2 

133:21 

Standards 123:14 

standing 74:18 

78:21 78:22 83:2 

83:3 83:12 83:14 

83:15 83:17 

83:19 91:13 

91:14 121:20 

standpoint 91:5 

stands 156:1 

start 15:5 

87:13 109:7 

112:13 

started 28:19 

43:2 45:7 62:4 

71:1 79:25 84:15 

87:15 87:24 88:5 

112:8 113:19 

starting 141:12 

141:13 

starts 113:7 

state 16:3 

20:17 20:23 52:1 

52:3 68:17 

81:1 91:17 91:19 

103:4 122:23 

125:14 149:1 

156:5 

stated 7:17 

26:3 27:12 38:19 

42:14 44:19 

63:23 94:16 

128:23 135:19 

135:23 140:25 

141:18 141:19 

144:21 

statement 5:20 

5:22 5:25 8:5 

10:3 67:10 

157:21 

statements 

51:22 51:24 

67:13 117:14 

states 6:5 

stating 32:5 

stationed 103:9 

103:20 

stay 32:12 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 201 

38:11 38:12 

38:13 54:25 

62:15 71:7 77:15 

77:17 78:3 79:10 

79:16 79:18 

79:21 

staying 38:4 

steady 114:16 

step 68:4 

102:13 122:1 

133:4 155:10 

steps 36:10 101:9 

101:9 115:1 

stipulate 6:4 

6:16 

stipulated 6:11 

7:9 14:16 14:18 

stipulation 

7:16 7:20 128:15 

129:5 

stipulations 

12:22 13:25 14:1 

stood 107:23 

115:1 121:19 

132:5 141:23 

150:11 

stop 25:18 

77:18 116:19 

153:12 

stopped 42:4 42:6 

42:7 146:8 

146:10 

store 104:2 

story 20:2 27:23 

straight 97:3 

Street 158:11 

158:12 158:14 

strike 44:14 

stroke 62:7 

strong 115:15 

struggle 114:22 

121:16 

Stuart 5:7 5:8 

5:16 5:18 5:21 

5:24 6:3 6:11 

7:2 7:3 7:7 

8:3 8:6 8:24 9:4 

9:19 9:25 12:8 

12:10 12:13 

12:17 12:21 13:4 

13:6 13:8 

13:19 13:25 

14:12 14:17 

14:23 15:1 15:12 

15:25 20:7 

20:9 21:6 

21:19 21:21 

21:25 24:9 

27:8 27:10 29:25 

30:3 30:14 30:16 

30:22 31:9 31:20 

31:23 32:1 

35:5 44:9 

44:11 61:12 66:3 

68:5 68:16 100:2 

102:15 103:1 

121:24 122:7 

122:9 122:20 

126:12 128:19 

128:21 129:13 

129:15 132:22 

133:5 133:6 

133:9 133:13 

137:13 139:7 

139:9 139:12 

140:2 140:4 

144:20 154:11 

154:14 155:8 

155:22 156:9 

157:16 157:18 

159:1 159:17 

stuck 29:14 

stuff 71:9 90:9 

157:1 

stupid 111:5 

subject 9:24 14:7 

14:8 150:21 

154:8 156:11 

submission 158:17 

submit 139:19 

155:13 

submitted 14:15 

139:23 

submitting 14:16 

substantial 

158:20 

substantiate 

154:9 

suggest 155:17 

158:19 158:21 

suggested 109:3 

suggesting 146:13 

summary 128:23 

summon 44:20 82:1 

summoned 107:10 

supervisors 89:4 

supplied 26:13 

supply 26:15 

supports 156:15 

supposed 40:16 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 202 

40:17 42:18 

63:18 

sure 13:19 15:4 

15:7 20:2 

27:23 30:2 31:13 

32:12 52:21 

52:21 55:24 66:8 

79:12 92:19 

94:21 95:3 117:5 

121:20 131:9 

147:20 

surprised 24:5 

Susan 136:11 

suspicious 

55:12 56:2 

90:2 90:20 

suspiciously 

90:19 

swear 15:17 

68:8 102:18 

122:12 133:22 

swearing 128:12 

sweating 111:2 

switch 107:7 

switched 70:17 

153:5 

switching 

106:12 106:20 

106:24 

sworn 15:22 68:13 

102:23 122:17 

134:2 

system 87:2 113:9 

113:12 

systems 128:2 

129:24 138:16 

138:19 138:20 

T 

tables 52:22 

tablet 19:12 

19:13 27:3 

tail 25:10 

37:16 37:18 

37:20 39:23 

39:24 65:2 77:19 

83:13 83:23 

106:4 114:2 

taking 106:24 

128:2 145:13 

145:13 146:4 

153:17 155:3 

talk 18:21 19:5 

20:1 27:21 

28:8 28:9 

28:14 32:13 

34:4 34:6 

34:12 34:14 

35:10 36:2 

36:3 38:11 

38:18 41:2 

45:7 47:23 

47:25 47:25 

48:13 54:8 

34:1 

38:14 

47:24 

57:9 58:22 66:15 

69:25 70:18 71:2 

71:4 71:6 71:7 

71:12 71:12 73:5 

73:17 74:3 

76:6 76:7 76:9 

76:11 76:16 

76:18 77:4 80:18 

81:11 81:17 

84:23 87:2 

87:6 87:11 89:18 

96:4 96:5 

107:9 108:1 

108:10 108:22 

108:25 109:2 

109:3 109:8 

110:9 117:17 

117:19 118:16 

142:16 

talked 51:8 

142:12 148:11 

155:5 

talking 22:9 

22:10 22:20 32:3 

35:24 36:8 

43:2 47:21 

54:2 57:14 62:13 

73:25 81:15 

84:15 87:10 

87:10 95:15 97:8 

107:14 109:11 

111:1 116:4 

118:12 145:3 

148:19 

talks 44:17 

taller 95:21 

tapped 141:14 

task 158:14 

taught 89:17 

teach 55:14 55:19 

116:12 

tearful 34:9 

60:17 61:8 61:11 

tearing 39:1 

tears 71:11 

Technologies 

138:16 138:18 

138:19 

ten 36:5 62:12 

132:1 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 203 

term 104:4 144:15 

terms 156:13 

test 151:22 

151:24 151:24 

152:3 

testified 15:23 

68:14 102:24 

122:18 127:19 

134:3 136:20 

testify 7:5 7:7 

8:19 8:25 9:1 

9:11 110:15 

128:24 139:22 

142:23 143:15 

testifying 128:23 

129:3 

testimony 7:14 

9:10 11:11 

12:3 15:17 60:21 

68:8 102:18 

122:12 128:6 

128:13 128:14 

128:16 129:7 

129:17 130:5 

133:23 139:3 

142:7 146:23 

154:1 154:8 

158:23 

testing 151:21 

tests 151:21 

thank 5 : 13 8 : 1 

12:7 13:15 14:12 

15:12 15:21 

23:24 25:9 

27:7 28:6 31:8 

33:17 35:4 39:22 

47:11 53:21 

54:13 58:8 67:19 

68:3 68:4 

72:25 78:8 79:17 

91:22 96:8 

100:14 102:12 

102:13 105:13 

106:1 115:20 

118:2 119:1 

120:5 121:25 

122:11 129:12 

130:24 132:19 

133:2 133:3 

133:3 138:21 

141:24 142:1 

155:9 159:22 

That's 121:9 

themselves 44:5 

82:7 91:1 

thereafter 77:8 

79:24 

third 141:11 

threat 57:14 

57:15 57:17 

threaten 60:24 

61:1 99:18 99:19 

99:21 

threatened 

11:10 11:12 

25:20 60:23 

Threatening 11:17 

throughout 56:4 

56:7 90:4 

90:13 110:24 

125:6 154:18 

Throw 149:3 

tight 116:12 

today 8 : 14 9 : 2 

113:12 141:20 

143:15 

Tomchik 7:10 8:17 

8:17 9:7 13:20 

13:23 18:11 

19:22 21:20 

21:23 24:5 24:13 

25:13 27:17 

28:21 29:15 31:2 

31:17 32:4 32:13 

34:2 34:6 

35:25 36:2 

37:5 37:8 38:4 

45:25 46:6 

46:9 48:5 

49:18 51:23 

59:12 59:19 

59:20 60:2 63:23 

64:10 67:10 71:3 

73:14 86:12 97:9 

125:2 125:8 

128:13 128:16 

134:17 13.4:21 

135:5 135:12 

140:12 142:12 

157:2 

Tomchik's 7:8 

31:11 157:21 

total 124:14 

touching 25:17 

25:17 

tow 150:12 

toward 72:7 72:16 

72:20 

towards 9:15 42:2 

42:11 49:4 

50:8 50:9 

50:10 54:15 74:8 

79:25 83:23 

87:13 88:2 

88:6 88:12 96:20 

96:22 97:18 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 204 

98:25 99:1 106:9 

109:23 113:19 

114:2 136:22 

136:23 136:25 

towing 149:24 

150:1 150:9 

tows 149:22 

traffic 128:2 

130:21 

train 55:19 

trained 55:12 

55:15 56:20 83:7 

89:13 90:2 

90:5 90:12 

training 55:6 

55:7 55:8 55:9 

55:11 56:16 

56:19 56:21 

61:13 89:16 

trans 7:16 

transcribe 127:3 

transcribed 

127:16 

transcript 5:15 

7:13 126:21 

126:23 126:25 

transcription 

127:17 

transcripts 13:20 

22:21 

transpired 

18:17 19:7 

19:9 67:14 

transpiring 45:5 

Transport 124:1 

trash 40:20 75:24 

78:25 

traveling 103:22 

tray 52:22 

trial 150:13 

152:21 154:20 

trickier 158:15 

tried 64:3 117:16 

trip 51:21 

trips 138:2 138:5 

138:7 138:11 

trouble 45:15 

149:10 149:16 

truck 150:12 

true 6:13 139:24 

truly 146:20 

trust 135:20 

truth 15:18 15:18 

15:19 68:9 

68:9 68:10 

102:19 102:19 

102:20 122:13 

122:13 122:14 

133:23 133:24 

133:24 

truthfulness 

139:22 

try 40:16 57:1 

57:10 57:21 

60:25 73:14 

76:17 89:17 

105:18 119:11 

147:18 

trying 33:11 34:1 

36:3 38:19 40:20 

45:9 45:18 45:20 

47:22 49:9 49:12 

COURT: !liePORTING 

VddtEogr.aphy ~tigaticn T~th:r:tology -

73:5 73:16 84:16 

88:12 88:13 

99:10 107:5 

108:11 109:12 

109:13 114:17 

153:24 

TSA 51:3 89:1 

89:7 

turbulence 41:3 

53:19 79:22 94:7 

94:8 101:16 

turn 17:23 

48:18 52:20 

53:20 55:4 

110:18 130:15 

140:1 

turned 7:25 33:23 

35:9 40:24 41:15 

41:19 43:18 

45:24 48:23 49:3 

81:5 86:4 

turning 110:21 

twenty 64:22 

twice 36:17 36:20 

41:1 110:20 

152:22 

two-thirds 97:21 

type 90:8 90:21 

124:3 124:4 

124:8 132:8 

types 55:22 56:21 

92:9 

u 

Uh-huh 32:11 48:6 

50:24 51:5 51:12 

75:14 108:9 

112:21 112:24 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 205 

unavailable 9 : 1 

uncomfortable 

18:19 19:8 25:14 

25:15 25:20 

27:18 27:19 29:3 

29:19 29:24 

38:18 

underneath 96:25 

understand 

14:14 31:12 

35:12 53:12 64:5 

72:13 96:16 

131:9 143:25 

understanding 

85:11 94:21 

132:12 153:24 

understood 85:9 

109:15 112:3 

unemployed 149:12 

unfocused 93:13 

93:14 

unison 87:3 

United 124:18 

127:20 

unless 12:19 

79:15 96:5 

unnecessary 14:9 

unruly 89:13 

90:16 104:8 

unseated 99:5 

unsolicited 

117:13 

upset 34:8 34:9 

34:10 34:11 39:4 

60:18 61:6 

61:8 71:19 101:1 

urge 157:4 

usual 129:23 

usually 105:16 

130:13 137:25 

v 

vacation 108:16 

vacations 109:7 

value 12:3 

various 57:25 

Vegas 16:19 20:21 

23:3 41:7 

45:14 45:19 

50:21 51:4 51:17 

69:7 79:19 88:24 

89:3 89:7 

98:16 98:22 

101:17 103:9 

103:22 104:7 

104:13 104:18 

104:22 108:13 

108:24 137:14 

151:16 

vehicle 137:25 

149:22 150:9 

150:11 

verbal 57:16 

141:22 

verified 125:14 

verify 128:16 

victim 102:5 

video 7:8 13:20 

13:22 

videoed 127:10 

view 61:5 

violation 11:25 

131:11 132:25 

156:7 157:6 

violations 8:7 

8:10 159:11 

violent 104:1 

Virginia 74:25 

151:17 151:18 

voice 11:13 60:25 

87:8 109:10 

109:14 118:9 

118:11 118:11 

voices 61:3 

volume 87:8 

109:10 

w 

wait 15:3 37:17 

waited 136:4 

waiting 51:6 

walk 35:21 42:2 

97:2 119:17 

walked 37:3 98:12 

100:15 100:19 

136:23 141:23 

146:21 146:21 

walking 42:11 

77:14 79:25 80:5 

80:7 80:8 88:5 

96:20 136:17 

wall 83:20 84:2 

84:4 

Wallaesa 5:4 5:11 

5:12 6:3 6:11 

6:13 6:15 6:18 

6:22 7:1 7:9 

7:11 7:19 7:21 

7:23 7:24 8:19 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 206 

9:10 9:12 10:3 49:8 49:13 49:22 119:21 120:7 

10:4 10:7 10:7 49:24 50:2 50:17 120:12 120:13 

10:8 10:10 10:11 51:15 52:1 53:22 120:14 120:20 

10:14 10:14 54:15 54:23 121:3 121:6 

10:16 10:21 57:24 58:6 58:10 121:12 126:1 

10:25 11:2 58:11 5.8:13 126:3 126:7 

11:5 11:7 58:16 58:18 126:9 128:8 

11:11 11:16 58:19 59:15 128:11 129:2 

11:21 12:4 59:16 59:18 129:4 129:9 

12:8 13:4 13:5 59:19 59:23 129:12 131:2 

17:20 17:22 59:25 60:1 133:17 133:19 

19:23 19:25 20:3 60:5 60:15 60:22 134:1 134:2 

20:10 20:11 60:24 61:1 134:5 134:5 

20:13 20:16 61:9 61:11 63:19 134:6 134:10 

20:17 20:20 64:3 64:16 64:19 137:10 137:14 

20:23 21:1 65:6 65:7 139:19 140:5 

21:4 21:7 65:11 66:18 141:11 142:2 

21:12 21:16 22:2 69:14 70:22 142:3 142:5 

22:7 22:11 22:16 70:25 73:4 73:14 142:10 142:13 

22:22 22:25 23:2 74:5 74:19 142:20 142:23 

23:5 23:8 75:7 76:4 143:2 143:4 

23:12 23:14 76:19 77:8 77:19 143:6 143:12 

23:18 23:19 79:18 79:24 80:4 143:17 143:20 

23:22 23:23 81:8 81:24 143:23 144:2 

24:25 27:22 82:2 82:25 83:19 144:4 144:7 

28:12 29:18 30:7 84:6 84:18 144:12 144:17 

30:10 30:11 85:3 86:8 144:19 144:21 

30:17 31:10 86:15 86:20 87:1 145:2 145:4 

31:12 32:14 87:1 87:15 145:5 145:9 

33:19 33:25 35:9 88:3 88:20 88:22 145:11 145:14 

36:2 36:9 91:17 91:25 145:17 145:20 

37:22 38:10 39:5 94:17 95:25 96:3 146:1 146:5 

39:10 39:17 96:11 96:14 146:8 146:11 

39:18 39:25 40:2 96:17 96:23 97:6 146:14 146:18 

40:11 40:23 97:14 97:18 147:4 147:16 

41:15 41:18 98:10 98:18 147:20 147:23 

41:23 42:2 42:14 98:24 99:11 148:2 148:6 

42:24 43:6 44:12 99:18 100:7 148:18 148:21 

44:25 45:8 45:11 101:19 106:18 148:23 148:25 

45:21 46:10 108:10 115:21 149:5 149:7 

47:15 47:19 118:5 119:1 149:9 149:18 

48:10 49:1 119:10 119:20 149:20 150:3 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 207 

150:5 150:15 

150:17 150:19 

150:23 151:1 

151:3 151:6 

151:10 151:14 

152:6 152:9 

152:14 152:17 

152:20 152:25 

153:4 153:10 

153:14 153:18 

153:22 153:25 

154:16 154:17 

155:10 157:19 

157:23 158:1 

159:4 159:19 

159:20 

Wallaesa's 

11:15 38:21 85:6 

85:21 93:12 

100:15 118:6 

120:15 158:7 

158:17 

Washington 123:10 

wasn't 34:7 47:22 

60:13 60:13 

64:22 71:15 

71:16 71:17 

78:10 82:3 84:18 

85:13 92:19 

93:16 99:23 

118:15 118:19 

121:4 121:7 

137:2 143:19 

149:12 149:13 

150:7 150:7 

150:11 154:20 

watch 44:7 

watching 90:19 

waved 43:20 44:22 

45:1 81:6 

weather 53:12 

we'd 127:25 

weekend 137:18 

weekly 152:22 

weeks 55:10 

weighs 114:23 

welcoming 52:19 

Wendy 9:5 15:13 

15:22 16:4 

16:7 69:20 70:25 

71:1 71:22 

73:2 73:7 74:2 

76:10 76:15 

76:20 77:3 81:18 

83:1 84:11 

86:4 86:5 

86:22 97:7 

107:16 117:11 

West 138:9 

whatever 7:15 

7:16 130:2 135:9 

whenever 58:25 

WHEREUPON 13 : 2 

13:17 14:21 

15:15 15:22 

21:18 23:25 

30:20 67:20 

68:13 82:20 

102:23 122:2 

122:5 122:17 

134:2 139:17 

157:15 159:23 

whether 31:1 

33:13 44:3 

53:7 58:1 58:4 

140:15 143:20 

147:3 

whole 15:18 

68:9 85:7 93:1 

102:19 104:3 

122:13 133:24 

150:8 

whom 26:15 

wide 111:2 

119:3 119:16 

Wide-eyed 39:1 

width 119:2 

119:14 

William 7:4 

122:10 122:25 

willing 39:12 

window 24:19 50:8 

50:10 88:18 

111:14 117:8 

winds 65:2 65:3 

wise 157:12 

wish 146:24 

witness 9:24 12:9 

15:20 24:3 

24:4 26:9 

26:11 26:14 

26:16 26:19 

26:21 26:24 27:2 

27:6 28:5 

30:25 31:4 

31:7 33:4 33:7 

33:10 33:15 

34:23 35:1 

35:3 39:21 46:22 

47:1 47:4 47:8 

47:10 51:24 

51:24 53:2 53:10 

53:18 53:25 54:5 

54:7 54:12 67:11 
BRIAN WALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 208 

67:15 67:19 

67:20 67:22 68:2 

68:4 68:11 

72:9 72:23 

78:7 79:4 79:7 

79:12 79:15 

82:17 99:23 

100:9 100:11 

102:14 102:21 

105:9 105:12 

105:25 109:20 

112:14 114:13 

114:19 118:22 

118:25 120:23 

122:8 122:15 

126:12 128:11 

128:12 128:15 

128:19 128:20 

128:21 129:3 

129:8 133:18 

138:18 138:25 

witnessed 47:14 

witnesses 8:15 

9:11 12:14 

136:20 154:1 

Witnessing 125:2 

women 45:19 

work 16:11 

16:12 68:22 70:6 

104:3 104:16 

115:2 123:3 

worked 16:14 

68:24 123:5 

123:11 138:14 

working 16:18 

16:24 17:4 

17:6 17:10 33:21 

35:19 47:22 69:6 

69:20 69:21 

104:1 

workload 130:2 

worry 116:7 

worse 113:15 

wound 157:9 

write 19:5 

19:11 26:1 

written 67:10 

155:12 

wrong 29:2 

wrote 19:12 19:14 

19:17 19:18 26:3 

26:7 59:20 67:23 

74:10 75:4 136:2 

X 

XYZ 82:12 

y 

yank 115:10 

yell 87:17 

yelling 49:3 49:6 

87:15 87:24 

112:8 112:10 

112:13 113:7 

114:17 114:18 

114:20 116:19 

118:7 

yet 40:19 

young 18:3 18:9 

18:10 69:22 

70:15 81:15 

yourself 109:18 

110:10 113:15 

119:25 

z 

zone 83:9 
' ·~) 
In the matter of: 

Federal Aviation 

Administration, 

v. 

BRlAN W ALLAESA 

BRIAN A W ALLAESA 

) 

) 

) 

) 

) 

) 

Complainant ) 

) 

) 

) 

) 

) 

) 

Respondent. ) 

FDMS No. FAA-2010-0628 

Case No. 2010WP190018 

Hon. Ronnie A. Yoder 

Testimony of Respondent 

Respondent respectfully submits to this Court the Respondent's testimony of the 

occurrences preceding to and occurring on November 6, 2009. 

The Respondent purchased a 'Business Select' ticket for Southwest Airlines flight 

#3049 to Las Vegas, Nevada. On 11/06/2009 the Respondent reported at the gate for the 

flight when the 'Business Select' group was requested to board. The only other 'Business 

Select' passenger in line for the flight was a female passenger who later identified herself 

as "Jamie" to the Respondent. While in line waiting to board the plane, the female 

passenger began a conversation with the Respondent. It was at this time that the 

Southwest Crew offered a ticket for one free beverage to the Respondent. The 

conversation mainly consisted of general pleasantries. 

The Respondent boarded the plane when called and found that the female 

passenger was seated one seat from the Respondent's seat. The Respondent requested a 

County ~ --~hibit#L!{_ COURT. 

Vldeographu 

:i,..BEPORTERS 

· UHgaUon Technology 

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Date .AA 

~ A I' .:: 

case \lo i( 3fl- \ Reporter~ 

Deponent Hud n ~ 800.262.8777 540.667.6562FI 

1/3 

passenger switch seats to continue the conversation initiated at the gate prior to boarding 

the aircraft. The Respondent began to converse with "Jamie" (the female passenger) with 

the female passenger returning the conversation. After the flight was in the air the 

Respondent and the female passenger began to discuss various items. At approximately 

30 minutes into the flight, the crew initiated beverage service. The Respondent ordered 

and proceeded to drink an 'Irish Coffee.' The female passenger identified herself as 

"Jamie", and that she lived around Baltimore with her family. "Jamie" stated she had a 

sister who had children, and that her parents were 'old fashioned' in nature. "Jamie" 

stated her family did screen printing for advertisements and that their major client was the 

company Under Armor. "Jamie" also stated she trained horses, and sometimes dogs, for 

shows. "Jamie" stated she was travelling not to Las Vegas, but to California. The 

Respondent shared details of his family background with the female passenger. At some 

point in the conversation the Respondent asked "Jamie" if she was single, and "Jamie" 

stated that she 'had a boyfriend'. The Respondent asked for how long, and "Jamie" had 

stated that they were dating for seven (7) years. The Respondent replied that her 

"boyfriend was an idiot" and that "her boyfriend should have asked her to marry her by 

now." The conversation continued for 15 or so miimtes later. "Jamie" left her seat and 

used the forward lavatory on the plane, leaving a neck pillow and another item on her 

seat. The Respondent picked up the items from the seat and handed them to "Jamie" as 

she sat down. Approximately 15 minutes later the Respondent left his seat to use the 

forward lavatory. After returning, "Jamie" had stated she was going to read a book. 

"Jamie" had pulled out an edition of Harry Potter, to which the respondent and Jamie had 

a conversation over the book and its subject matter. An unknown amount oftinie had 

passed with no conversation. At some point "Jamie" had begun to listen to music. An 

2/3 

unknown amount oftime had passed. The Respondent tapped "Jamie" on the shoulder, 

she removed her earpiece, and the Responded asked if he could ask her a question. 

"Jamie" said yes, the Responded stated that he was going to "use a line" and that it 

"could be corny". "Jamie" stated "Go Ahead" to the Respondent. The Respondent stated 

"Please allow me the pleasure of holding something beautiful today." "Jamie" had given 

a facial expression to the Respondent that indicated flattery, gave no verbal response, 

stood up and walked away from her seat. The Respondent remained in his seat for some 

time, and requested the flight attendants for their assistance to speak with "Jamie" again. 

Some time later, the Respondent walked to the front of the cabin to speak with the flight 

attendants, the flight attendants called a gentleman over to speak with the Respondent. 

The Respondent asked for the gentleman's assistance, to which the Respondent received 

no answer. The Respondent walked to return to the cabin, when the gentleman grabbed 

the Respondent's arm and placed a handcuff around one of the Respondent's wrists. The 

respondent requested the assistance of the passengers on board theplane. The gentleman 

then proceeded to cuff the Respondent's wrists behind his back, throwing the Respondent 

face down across a row of seats in the front of the plane. The Respondent did not give 

any struggle to the gentleman, later identified as an off-duty FBI Agent. 

Dated November 15,2010 

3/3 

Respectfully Submitted, 

Brian A. Wallaesa 

Respondent 

11272 Wortham Crest Circle 

Manassas, VA 20109 

(570) 778-1335 

1 

2 

RECEIPT OF DISCOVERY 

3 The undersigned hereby acknowledges receipt of the below-listed items of discovery 

4 in the case of United States of America V Wallaesa, 2:09-cr-0492-ECR-LRL. 

5 Bates stamped discovery pages #000064- 000065. 

6 DATED this __ day of December, 201 0. 

7 

8 

9 

10 

11 

completed/sent: December 14, 2010. 

Richard Boulware 

Rachel Korenblat 

Counsel for Defendant 

Wallaesa 

Please sign and return to the U.S. Attorney's Office, 333 Las Vegas Blvd. S., Suite 5000, Las 

12 Vegas, 

. ~ .. EXhibit# "' 

COURT. ~EPORTERS.tnc. Date S•Z1•Jt. Vldeogrephv • Uttgatlon Technology yt\A ~ 

Case \ y i ~ 2 .,. I Reporter 

Deponent \:\eo.r~n9 

800.262.8777 540,667 .6562FAX 

# 

000064 

v . • 

000065 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

AOOl. Issuance and Applicability 

Operations Speeifications 

. .. -:: .. i ·,. e:jt!~t . _; . 

HQ Control: 

'HQ Revision: 

05/09/03 

02c 

a. These operations specifications ~e .is.sued to Southwest Airlines· Co., whose principal base of operation 

· is located at: · · 

Primary Business Address: 

2702 Love Field Drive 

Dallas, TX 75235-1611 

Mailing Address: 

P.O. Box 36611 

Dallas, TX 75235-1611 

The holder of these operations specifications is the holder of Operating Certificate Number 

SW AA304A and shall hereafter be referred to as the certificate holder. The certificate holder is 

authorized to conduct: 

Domestic operations in Common · ·carriage pursuant to 119.2l(a)(l)-

Domestic 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Department of Transportation. 

· Title 14 Code of 

Federal Regulations 

(CPR) Section 

Supplemental operations in Common 

Passenger. 

carriage pursuant to 

Title· 14 Code of 

Federal Regulations 

119.2l(a)(3)-

Supplemental 

and provided, at all times, the 

certificate holder has appropriate 

written economic authority issued by 

the Department ofTransportation. 

b. 

c. 

· (CPR) Section 

'· \p~: . ' ,, . : ~ 

The certificate holder shall conduct these kinds of operations in accordance with the specific 

authorizations, limitations, arid proced{ii-es' in' these' opeflition~ \~p"e~!~ca'tiop.s and all appropriate Parts 

ofthe CFR. · : . . J, · 

. . . . ' .! 

These operations specificatio~ ar6 ~ffebti~e: ~of the ''Da'te Apiu;ov~ is effective" listed in each 

paragraph and.shall remain iit eff~tMfong 'a:S'ihe eertificate J:io1der continues to meet the requirements 

of Part 119 as specified for certification. 

The certificate holder is authorized to 'use only the busin~ss name which appears on the certificate to 

conduct the operations described in subparagraph a. 

d. The certificate holder is authorizcll w:eonduct fli~ts und~r r<f er:R Part 91 for crewmember training, 

maintenance tests, ferrying, re-pos_iti~~i,ng, .:md.11?-e:yar:r;ia~o/,~f1t?iri.P,~Y .officials using the applicable 

authorizations in these.operations:spedficatioris,' with6ut:obtain:jlig:a.Letter of Authorization, provided 

the flights are not conducted for compensation or hiie ~d no cnarge of any kind is made for the 

conduct of the flights. 

Print Date: 4/27/2008 

~ ). ! : . ~ 

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. . .· . : . : ~ i . . :· . . ' J• ... • 

t::: . .', \?~t:\"!; .:::\\ . ':',: "\. 

\rp~ .·. 

Southwest Airlines Co. 

.: 

CertificateNo.: SWAA304A 

CQURt(aEPORTERS,In<. 

Vldeography Ucmgatlon Technology 

ease \(oti31 -I 

Deponent H ecv-i a 5 

800.262.8777 

Exhibit #_,C,~l__..,._ 

Date ~·7.1.•1l 

Reporter iVIA~€' 

540.667.6562FAX 

U.S. Department 

of Transportation 

Federal Aviation 

Administration 

., 

_it:. . .- ,.; c..r,..: .· 

. ·?!~~wt:' :.~ii~.~- q;~·.·:~;"~; ·~~~~£~~n-~r:,:·:r_., ' ····~p~ra'cloris' SpeCification5~ ..... , •· ···· 1 "',.I' • . 

1. The Certificate Holder applies for the Operations in this paragraph. 

2. Support infomiation reference: 

3. These Operations Specifications are approved by direction of the Administrator. 

DIGITALLY FAA SIGJ.ffiD 6/23/03 2:02:52 PM 

Stachiw, Thomas S. · · 

Principal Operations Inspector . . . I••, 

I • .,.,, • 

. :.f\i~.\. . : . i ~ 

. ~-~:. : .. 4. Date Approval is effective: 06/23/2003 ··. . . Amendment Number: 2 

5. I hereby accept and receive the Operations Specifications i,n tP.is paragraph. • •• :~ ..:·: n:. (". . ! . :• • ' . \ '"':r:; • • I 

DIGITALLY INDUS~IR.Y.SIGNED '6/23/03 10:51 :? 5 .AM 

Stieve, James J. 

Dispatch Specialist 

Print Date: 4/27/2008 

I . • : ~ : 

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Southwest Airlines Co. 

~2/3 

Date: 06/23/2003 

Certificate No.: SW AA304A 

5/8/2012 12:45:10 PM 

MYFAA 

Employee Site MvFAA Home 

FLAG WIZARD ' FLAG DISPLAY iiiW4Wi AtiALVSISTOOLS 4#?-J@!i 

SPAS Air Operator Profile for SWAA - SOUTHWEST AIRLINES CO 

SPAS Operator Group: Large 121 Carriers Flag Display 

S.PAS Matu~ity Date: May 2012 

Flag Status: ~ Expected 

Generated on: 8-May-2012 

The VIS validation date for the air operator is within the last twelve months. 

Certificate Information 

Certificate Number 

SWAA304A 

FAR 

121 

Certificate Type 

Air Carrier 

Kinds of Operation 

DFG, Domestic and Flag (PAX/Cargo) 

Areas of Operation 

CE EA GL NE NM SO SWWP 

OPSS Certificate Information 

Operator 

Validation Date: 4-May-2012 

Flag Status Assigned: 23-Nov-1998 

Certificate Status 

Active 

Certificate Issue Date 

23-Jan-1979 

Certificate Status Date 

30-Jan-1989 

Last DO Update 

4-May-2012 

Southwest Airlines Co. and/or AirTran Airways, Inc. 

Certificate Number 

Certificate Status 

Active 

Effective Date 

SWAA304A 30-Jan-1989 

Credit Ratin 

As of April 2005, Experian Business Information Services, Inc. is no longer providing monthly credit reporting information to 

SPAS. For information on the current financial status of certificate holders, users should contact the Office of Analysis and 

Information AFS-20 Manager at (703) 661-0559. 

Users can also click on the following link to access the AS lAS website, where they can select an air carrier, and run the BTS 

Carrier Financial Report. This report lists select financial statistics submitted by air carriers to the Department of 

Transportation (DOT) on Bureau of Transportation Statistics Form 41. 

SPAS Maturity Date: April2012 

Flag Status: fll Expected 

The number of changes of the key personnel associated with the operator is within the expected range. 

Flag Status Assigned: 4-Mar-2012 

Ke 0 erator Personnel 

Position Name/Title Phone 

·. l 

., 

. i 

. ' 

·.1 'I 

j 

. i 

. : 

·. ~ i 

., 

' 

S"W_ AA Air Op Profile- For Official Use Only Page 1 of1 

3/3 

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UNITED STATES DEPARTMENT OF TRANSPORTATION 

-------------------------------x 

IN RE: 

BRIAN WALLAESA FAA Docket No. CP10WP0010 

(Civil Penalty Action} 

FDMS No. FAA-2010-0628 

-------------------------------x 

Video Deposition of: 

Free State Reporting, Inc. 

1362 Cape Street St. Claire Road 

Annapolis, Maryland 21409 

Monday, 

April 30, 2012 

JAIME L. TOMCHIK 

a witness, called for examination by counsel for the Federal 

Aviation Administration, pursuant to notice and agreement as to 

1 

time and place, at Free State Reporting, Incorporated, 1362 Cape 

St. Claire Road, Annapolis, Maryland, before Timothy J. 

Atkinson, Jr., a Notary Public for the State of Maryland, where 

~rere 

N 

"' "' "' ..: 

"' "' d 

~ 

present on behalf of the respective parties: 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 
\ 

\ 

/ 
A P P E A R A N C E S 

On Behalf of the FAA: 

JOHN C. STUART, ESQ. 

Federal Aviation Administration 

Office of the Chief Counsel, AGC-300 

800 Independence Avenue, S.W. 

Room 912B 

Washington, D.C. 20591 

202-267-9958 

On Behalf of the Respondent: 

BRIAN WALLAESA (Pro se) 

11272 Wortham Crest Circle 

Manassas; V,irginia 20109 

570-778-1335 

Also Present: 

Mr. William Driscoll 

FAA Aviation Safety Inspector 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

2 

Witness 

Jaime L. Tomchik 

Exhibit No. 

(None.) 

I N D E X 

Examination By 

Mr. Stuart - Direct 

Mr. Wallaesa - Cross 

E X H I B I T S 

Description 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

5 

24 

Marked 

3 
' . 
4 

1 P R 0 C E E D I N G S 

2 (2:10p.m.) 

3 VIDEOGRAPHER: Good afternoon. This is the video 

4 deposition of Jaime L. Tomchik taken by counsel for the Plaintiff, 

5 in the matter of Brian Wallaesa, in the Department of 

6 Transportation administrative hearing Case Number/FAA Docket 

7 Number CP10WP0010, held in the offices of Free State Reporting, 

8 Incorporated, at 1632 [sic] Cape St. Claire Road, Annapolis, 

9 Maryland 21409, on this date, April 30th, 2012, at the time 

10 indicated on the video screen, 1411 p.m. My name is Ellen Hebert. 

11 I am the video specialist. The court reporter today is Tim 

12 Atkinson from Free State Reporting, Incorporated. Counsel will 

13 now introduce themselves. 

14 MR. STUART: My name is John Stuart, and I am the 

15 attorney representing the Federal Aviation Administration. In the 

16 left of the camera frame is Jaime Tomchik. Present and seated 

17 beside Ms. Tomchik is FAA Inspector William Driscoll. Let the 

18 record reflect that Mr. Wallaesa is present in the room. He is 

19 the Respondent. And 

20 Mr. Wallaesa will have an opportunity to cross-examine 

21 Ms. Tomchik after I finish my direct examination. 

22 VIDEOGRAPHER: Will the court reporter please swear in 

23 the witness? 

24 (Whereupon, 

25 JAIME L. TOMCHIK 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

5 

1 was called as a witness, and having been first duly sworn, was 

2 examined and testified as follows:) 

3 DIRECT EXAMINATION 

4 BY MR. STUART: 

5 Q. Will you please state your name for the record? 

6 A. Jaime Tomchik. 

7 Q. And, Ms. Tomchik, where do you live? 

8 A. Baltimore, Maryland. 

9 Q. And how long have you lived there? 

10 A. Thirty-three years. 

11 Q. Ms. Tomchik, are you aware that the FAA has asked you to 

12 testify in a Department of Transportation administrative hearing 

13 in a case involving Brian Wallaesa? 

14 A. Yes. 

15 Q. Are you aware that the hearing is scheduled for May 

16 22nd, 2012? 

17 A. Yes. 

18 Q. And will you be able to attend that hearing? 

19 A. No, I will not. 

20 Q. Why not? 

21 A. I will be out of town, vacation, visiting my 

22 grandparents in Florida. 

23 Q. 

24 A. 

25 Q. 

When are you leaving? 

On the 16th of May. 

And when will you be returning? 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 
.·'t-
6 

1 A. The 23rd of May. 

2 Q. How are you traveling to Florida? 

3 A. I'm flying down and then I'm driving back with my 

4 grandparents to help them because they live here in the 

5 summertime. 

6 Q. Okay. When did you reserve your plane ticket? 

7 A. At the end of January this year. 

8 Q. So about 3 months ago? 

9 A. Yes. 

10 Q. Do you know whether the ticket is refundable? 

11 A. It's not refundable. 

12 Q. You mentioned that you're picking your grandparents up. 

13 A. Urn-hum. 

14 Q. Do they have any health issues? 

15 A. My grandmother, she has a pacemaker and then two knee 

16 replacements, so she doesn't really like to drive the highway that 

17 much, and my grandfather has a little bit of a lead foot and he's 

18 getting older, and we kind of like to supervise him driving back 

19 just this way my grandmother doesn't have to drive and she can 

20 just relax, and my grandfather doesn't have to do all of the 

21 driving. 

22 Q. 

23 A. 

24 Q. 

25 A. 

Can anyone else make the trip in your family? 

Not at this time, no. 

Can your father? 

No. He can't leave his business for any extended period 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 
.·· 
7 

1 of time. 

2 Q. And what is his business? 

3 A. He has a printing business and then engraving. It's two 

4 businesses, actually, a printing and an engraving business. 

5 Q. Are you employed? 

6 A. Yes. 

7 Q. Where do you work? 

8 A. I work for my father. 

9 Q. Okay. Can your mother make the trip? 

10 A. No. She also works for my father, and she's right now 

11 helping my uncle, her brother, who was just recently in a bad car 

12 accident and broke his back and his shoulder and has a collapsed 

13 lung, so she's kind of stuck here taking care of him. And she's 

14 really the only other person that ever goes down there to visit my 

15 you know, help my grandparents drive back. 

16 Q. Okay. Ms. Tomchik, I'd like to turn your attention to, 

17 back to November 6th of 2009. Were you a passenger on Southwest 

18 Flight 3049, on November 6th, 2009? 

19 A. Yes, I was. 

20 Q. From where did that flight depart? 

21 A. Baltimore, BWI Airport. 

22 Q. And where -- what was its destination? 

23 A. Its destination was Las Vegas, Nevada, but I had a 

24 connection because I was going to California. 

25 Q. Do you recognize anyone from the room on that flight? 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

8 

1 A. Yes. 

2 Q. Could you point to that person? 

3 MR. STUART: Let the record show that Ms. Tomchik has 

4 just identified Mr. Brian Wallaesa as a passenger on that flight. 

5 BY MR. STUART: 

6 Q. Before that flight, did you have any contact with 

7 Mr. Wallaesa? 

8 A. No. 

9 Q. You never saw him? 

10 A. No, never. 

11 Q. Did you ever meet him? 

12 A. No. 

13 Q. When did you first come into contact with him on the 

14 flight? 

15 A. I first came in contact with him waiting to get onto the 

16 flight, where we were standing in line to get onto the flight, and 

17 that was the first time I saw him in 

18 Q. Where were you standing in line? 

19 A. You know how they have you line up by numbers, and I was 

20 like number one, so I was standing there and then he was behind 

21 me 

22 Q. 

23 A. 

24 Q. 

25 A. 

Uh-huh. 

in line waiting to go to board. 

So you were in the front? 

Urn-hum. I was the first person aboard --

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

9 

1 Q. Okay. 

2 A. -- the plane. 

3 Q. And where is Mr. Waliaesa in that sequence? 

4 A. Behind me, you know, in line, but I don't think there 

5 was anybody in between us. 

6 Q. Okay. When did he first speak with you? 

7 A. Well, as we were standing there, I think when they 

8 opened like the jetway and the air like blew up, I said something 

9 about it being like really cold, and I think he just agreed with 

10 me and that was the first ever, you know, words exchanged. 

11 Q. Okay. And what happened after that? 

12 A. I boarded and took my seat. 

13 Q. Where did you sit? 

14 A. I was on the right-hand side, captain's side, third row 

15 in the aisle seat. 

16 Q. Now, when you say right-hand side, you mean -- do you 

17 mean as you're walking --

18 A. Yeah. As you're walking on. 

19 Q. -- towards the tail? 

20 A. Yeah. As you're walking on, I was on the right, behind 

21 like the captain. At least they call it the captain's side. 

22 Q. 

23 A. 

24 Q. 

25 A. 

Okay. On the captain's side in what row? 

Third. 

In what seat? 

The aisle seat. 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

10 

1 Q. And where did Mr. Wallaesa sit? 

2 A. He came and sat in my row in the window seat. 

3 Q. What happened after that? 

4 A. After that, we just like sat down and got situated, and 

5 I think it might have been like normal plane chatter between like 

6 he and I about, you know, where we're going or coming from and --

7 Q. During that plane chatter, where was he sitting? Was he 

8 in the window seat? 

9 A. In the window, yeah. Urn-hum. 

10 Q. Was there anyone in the middle seat? 

11 A. Not at this time, no. 

12 Q. Okay. 

13 A. After that, somebody -- they announced that it was going 

14 to be a full flight, so then a gentleman who was getting on came 

15 and sat in the middle seat. 

16 Q. Okay. 

17 A. So 

18 Q. So after that seating arrangement happened --

19 A. Urn-hum. 

20 Q. -- what happened after that? 

21 A. After that, Mr. Wallaesa asked the gentleman in the 

22 middle seat if he would switch seats with him, and they proceeded 

23 to do so. 

24 Q. 

25 A. 

Okay. Was this before or after the airplane took off? 

Before. 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

11 

1 Q. Okay. What happened after that? 

2 A. After that, I think I got my book out and started 

3 reading 

4 Q. Urn-hum. 

5 A. -- and then Mr. Wallaesa asked me what book I was 

6 reading and I stated that I was reading Harry Potter. And he said 

7 something to the effect that, oh, you're not reading some kind of 

8 romance novel? And I said, no, I'm not. 

9 Q. Did. you have any other interaction with him? 

10 A. Not at that time. 

11 Q. What was the next interaction, if any, that you had with 

12 him? 

13 A. The next interaction would have been probably, you know, 

14 sometime later, he had gotten up and used the restroom and then 

15 came back. And at that time I was -- I had my iPod on and I was, 

16 you know, sitting there, and he came back and then he like tapped 

17 me on my shoulder and asked me if I would mind if he put his arm 

18 around me. And I said, yes, I would mind; that is weird and 

19 uncomfortable. And then he said, uncomfortable? And I said, 

20 yeah, I don't know you and had already previously told you that I 

21 had a boyfriend. And he said, well, I don't care if you have a 

22 boyfriend. 

23 Q. 

24 boyfriend? 

25 A. 

So when was the first time that you told him you had a 

When we originally sat down and we're exchanging like 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 
· ..... 
• 

12 

1 where we were going, I had said that I was going to California to 

2 visit my boyfriend who was out there at the time. 

3 Q. And then the second time, you just mentioned, when you 

4 told him you had a 

5 A. Right. 

6 Q. -- boyfriend. Why did you tell him that? 

7 A. Because he was asking, to me, which were inappropriate 

8 questions, one about the romance novel and the other about putting 

9 his arm around me, so I was trying to make the point that I'm not 

10 interested in any kind of contact with you. 

11 Q. Do you remember how you were seated? 

12 A. I was sitting, you know, over as far as I could get in 

13 my chair, basically leaning into the aisle onto the armrest . 

14 Q. Urn-hum. And if you're seated in the aisle seat --

15 A. Urn-hum. 

16 Q. where was Mr. Wallaesa seated at that time? 

17 A. To my left, in the middle seat. 

18 Q. And how was he positioned? 

19 A. At that time he was just positioned, you know, sitting 

20 normally, I guess you could say. 

21 Q. Okay. You've said that he tapped you on the shoulder? 

22 A. Yeah. 

23 Q. Did he touch you in any other way? 

24 A. Not at that time. After the whole exchange of putting 

25 his arm around me, then I'm -- you know, I'm sitting there 

FREE STATE REPORTING, INC. 

Court Reporting Transcription 

D.C. Area 301-261-1902 

Balt. & Annap. 410-974-0947 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

• 

13 

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

13 

listening to my music and I could like feel somebody staring at 

me. I mean, you just get that inclination that somebody's staring 

at you. And I looked over and he's like sitting there, like 

leaning back, like staring at me. At this point I had noticed 

that the armrest that was in between he and I was drawn up and he 

was like kind of like sitting as close, basically, as he could get 

to where I was sitting. 

Q. Urn-hum. 

A. And I turned and I said, do you mind not staring at me? 

And he's like, oh, I can't -- your hair and your eyes are just so 

beautiful. And I was like, okay, well, thank you, but stop 

staring at me. 

Q. Okay . 

A. And 

Q. Did you remain seated in that seat? 

A. At this time, yes. After that, then he again tapped me 

on my shoulder and said, I'm going to ask you a question and it 

might sound kind of corny. And I said, then don't ask me. Don't 

ask me anything. I already told you I'm not interested. I have a 

boyfriend. And --

Q. Did he ask you the question? 

A. Yeah. Then he said, well, I was wondering if you would 

do me the honor or pleasure -- I don't know which word it was --

of letting me hold something beautiful today. And I was like, no. 

I was like this is -- you know, I've been nice about this long 

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1 enough. You know, this is really crossing the line. And then I 

2 got up out of my seat. 

3 Q. And where did you go after that? 

4 A. I just looked to, basically, the first person I saw that 

5 was like in between people, where I knew I could kind of be like 

6 covered in some way or like out of his sight. And I went over to 

7 like a guy like basically diagonal from me, only one row up, and 

8 he was sitting in the middle of two, you know, larger people, and 

9 he was like a guy, and I was like, oh, he probably wouldn't mind 

10 sitting on the -- you know, switching seats. So I just tapped him 

11 on his hand and I'm like, I'm sorry, I don't mean to interrupt 

12 your flight but, there's this guy who is really making me 

13 uncomfortable and he's saying inappropriate things and asking 

14 inappropriate questions. Would you mind switching seats with me? 

15 And we did. 

16 Q. Okay. So you were in -- you started off in the third 

17 row 

18 A. Urn-hum. 

19 Q. -- aisle seat? 

20 A. Yeah. 

21 Q. And you moved to the --

22 A. Second row, middle seat. 

23 Q. Second row, middle seat, on the first officer's side or 

24 the captain's side? 

25 A. Yeah, on the officer's side, opposite side. 

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1 Q. So the opposite side from where you were sitting? 

2 A. Yeah. 

3 Q. After you sat down in that middle seat --

4 A. Urn-hum. 

5 Q. what did you do after that? 

6 A. As soon as I sat down, I hit the button to call the 

7 flight attendant over. 

8 Q. The call button? 

9 A. Yeah. Urn-hum. 

10 Q. Okay. And then what happened? 

11 A. The flight attendant came over and I informed her that I 

12 switched seats and why I switched seats, and she said, okay. And 

13 she went and got me a pad of paper and a pen and told me to write 

14 down everything that happened and that she would go address the 

15 other passenger about what, you know, I had said and what was 

16 going on. 

17 Q. 

18 A. 

19 Q. 

20 A. 

21 Las Vegas. 

22 Q. 

23 that she 

24 A. 

25 Q. 

When you say she, do you know her name? 

Wendy Moorman was the flight attendant. 

And how do you know her name? 

I know her because we testified in a case against him in 

Okay. And what did you write down on the pad of paper 

I wrote down 

-- gave you? 

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1 A. I wrote down basically everything that I just, you know, 

2 said to you about what the conversation was and, you know, how I 

3 felt that it was inappropriate and, you know, all the facts I had. 

4 Q. Did you observe what Ms. Moorman did after she gave you 

5 the pad and after you wrote down the information? 

6 A. Urn-hum. Yeah, after she gave the pad to me and left, 

7 she went over and -- to Mr. Wallaesa, and took him into the back 

8 of the plane to address him. 

9 Q. Now, did you see her go over to Mr. Wallaesa? 

10 A. Yes. Yeah, I did. 

11 Q. Did you hear her say anything to Mr. Wallaesa? 

12 A. No. I didn't hear what she said, no. 

13 Q. And then what happened? 

14 A. Then after I wrote everything down, she 

15 had come back over and got me out of my seat and went into the 

16 front of the plane, the galley, or something that they call it, 

17 and told me about her conversation that she had with him. And, 

18 basically, that he was saying that, oh, he was in awe of me and 

19 just, if he would just be able to talk to me again and explain 

20 things. And so she said that she would ask me if I would talk to 

21 him, and if I had said no, then no meant no and he was to leave me 

22 alone. And I said, obviously, I don't want to speak with him 

23 again or have him speak to me. I don't know him, never seen him 

24 before and, you know, this is inappropriate, so --

25 Q. After you had that conversation with Flight Attendant 

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1 Wendy Moorman --

2 A. Urn-hum. 

3 Q. -- where did you go? 

4 A. I went back to my seat and I saw her go over to 

5 Mr. Wallaesa and address him about, you know, the conversation 

6 that she had with me and that he was to leave me alone. 

7 Q. And did you hear what she said? 

8 A. No, I didn't hear what she said. 

9 Q. Did you observe any other interactions between Wendy 

10 Moorman and Mr. Wallaesa after that? 

11 A. Not --

12 Q. Immediately after that? 

13 A. No. She went, you know, took care of that, had me 

14 situated, told him stay in his seat or, you know, not to bother 

15 me, basically. And then she went about like taking drink orders 

16 from the other passengers. 

17 Q. Did you hear her tell him not to bother you? 

18 A. I didn't hear her tell him, no, but that's what her and 

19 I, like the conversation that her and I had, and that's what she 

20 said she was going to tell him that I said to leave me, you know, 

21 alone and that he was to do so. 

22 Q. Do you remember if she mentioned that she told him that 

23 after the fact? 

24 A. 

25 Q. 

After the fact of? 

You just -- you stated that she told you he was going to 

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1 she was going to tell --

2 A. Yes. 

3 Q. -- him that. 

4 A. Yes, she was going to tell him that, and then she went 

5 over. I saw her go over. I didn't hear their conversation. 

6 Q. Did she ever confirm with you after you saw her go to 

7 him that she had said that? 

8 A. I can't remember per se if she did or didn't. 

9 Q. So after that you sat back down? 

10 A. Yeah. Urn-hum. 

11 Q. Did you see Mr. Wallaesa after that? 

12 A. Sometime later. I don't know like time frame, like it, 

13 you know, gets jumbled. But after that, the next thing that 

14 happened is, he came over to where I was sitting and leaned over 

15 the lady next to me with his hand on the seat in front of us, you 

16 know, the row in front, and his other hand on her seat and leaned 

17 over to speak to me, address me, and I went --

18 Q. What -- did he say anything to you? 

19 A. -- get away from me. And he, at that point said my 

20 name, you know, Jaime, or something. 

21 Q. Urn-hum. Do you recall anything else? 

22 A. I just said, get away from me. And the guy who was 

23 sitting to my right went to get out of his chair to, you know, 

24 move him away, and then Wendy came and got him and said, Brian, I 

25 told you to leave her alone. And I heard her say that. And she 

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1 went and took him into the back of the plane. 

2 Q. Okay. Did you see Ms. Moorman take Mr. Wallaesa to the 

3 back of the plane? 

4 A. I saw her right then where she was in front of me. Now, 

5 behind me, I couldn't see what happened on, but I saw her take him 

6 and move him towards the back of the plane. 

7 Q. Okay. Did you have any -- did you see Mr. Wallaesa 

8 again after that? 

9 A. After that, sometime later I saw him coming up the 

10. aisle, you know, with like determination -- not just walking 

11 leisurely, but walking like, like a man on a mission is, you know, 

12 the term I would use -- towards the front of the plane past me. 

13 Q. Okay. Did you -- did he look at you? 

14 A. No. He just kept going forward. 

15 Q. Did you see him from the back of the plane, or at what 

16 point did you see him? 

17 A. I didn't see him until he was like in my peripheral 

18 vision --

19 Q. Okay. 

20 A. -- like coming up. 

21 Q. And then what happened after that? 

22 A. After he had passed me, then I saw the flight attendants 

23 coming up and then another gentleman, who I later found out was an 

24 air marshal, coming up behind him, like to stop him from going 

25 towards the front of the plane. 

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1 Q. How many flight attendants did you see following 

2 Mr. Wallaesa? 

3 A. It would have been two: Wendy and then the air marshal 

4 and then another flight attendant. 

5 Q. Do you remember the other flight attendant's name? 

6 A. Rob. I think it's Rob. 

7 Q. Uh-huh. 

8 A. Yeah. So 

9 Q. Do you remember his last name? 

10 A. No. 

11 Q. Do you remember what he looked like? 

12 A. Urn-hum. He's like kind of like your build, brown hair, 

13 pretty sure he wears glasses. 

14 Q. So --

15 A. White male. 

16 Q. -- an average build? 

17 A. Yeah. Urn-hum. 

18 Q. How tall? 

19 A. Like 6 If so 

20 Q. Hair color? 

21 A. Brown, like a light brown. 

22 Q. Okay. So you saw Wendy Moorman and the flight 

23 attendant, Rob -

24 A. 

25 Q. 

Urn-hum. 

-- following Mr. Wallaesa, as Mr. Wallaesa proceeded up 

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1 the aisle? 

2 A. Yes. 

3 Q. And there's a third person? 

4 A. Yes. 

5 Q. And that was? 

6 A. The air marshal that I later found out. 

7 Q. Okay. Did you see what happened after that? 

8 A. I saw after they had passed me and they're up in the 

9 front of the plane there, I saw from behind just the air marshal 

10 looked like he was trying to grab Mr. Wallaesa, you know, from his 

11 upper arms and try to like get him under control in that way, like 

12 as somebody would if they were trying to like cuff somebody, you 

13 know, put their -- pull his arms behind his back. And that's all 

14 I saw. 

15 Q. Did you hear any of that dialogue? 

16 A. No, I didn't hear anything. At that time then Wendy 

17 came and got me again out of my seat and took me into the back of 

18 the plane. And I didn't see anything else after that. 

19 Q. Okay. So backing up to when -- did you state -- did you 

20 say the air marshal took Wallaesa's arms? 

21 A. Yeah. From what I saw from behind, yeah. 

22 Q. Can you describe what you saw? 

23 A. I just saw they were kind of in the aisle-way, looked 

24 like a little bit of a scuffle going on, and just from behind, 

25 just because I think the air marshal had on a white shirt, so I 

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1 just like saw the white shirt, like him trying to grab, you know, 

2 his arms. Basically, it looked like -- to me it just looked like 

3 he was trying to get him under control for whatever he was trying 

4 to do up there. 

5 Q. When you say scuffle, can you describe that? 

6 A. You know where people -- like he, like Mr. Wallaesa is 

7 resistant to being, you know, stopped from what he was doing, is 

8 what I would mean, you know, is a scuffle. 

9 Q. Okay. And at what point -- you stated that you were 

10 moved to the back of the airplane? 

11 A. Yes. 

12 Q. When did that happen? 

13 A. That happened like almost immediately after they're out 

14 there scuffling. After I see this, then I'm seeing Wendy come and 

15 she's like gesturing to me to get up, and she takes me into the 

16 back of the plane. 

17 Q. Do you remember where you were reseated? 

18 A. All the way in the back. I don't know if it was the 

19 last row or the next to last row in the aisle seat on the -- not 

20 on the -- you know, if I'm sitting down, I'm on the right-hand 

21 side in the back. 

22 Q. So aisle seat, you said? 

23 A. Urn-hum. Yeah. 

24 Q. On the right-hand side, meaning the captain or the first 

25 officer's side? 

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1 A. On the first officer's side, yes. 

2 Q. First officer's side. 

3 A. Urn-hum. 

4 Q. Do you know why the flight attendants -- why the flight 

5 attendant moved you to the back? 

6 A. I think she might -- you know, what I took it as is she 

7 wanted to make sure I was safely back there, that he wasn't --

8 Mr. Wallaesa wasn't going to come over and try to 

9 Q. Did -- excuse me. 

10 A. -- try to, you know, address me again in another 

11 manner. 

12 Q. Did she ever tell you why she was moving you? 

13 A. She just said that, you know, that he's in the front and 

14 they're going to get him under control and that I should just stay 

15 back here. And then she went back -- she went back to the front 

16 of the plane and then sometime later she came back and told me 

17 what had happened and what was going to happen when we landed in 

18 Las Vegas. 

19 Q. And what did she indicate to you? 

20 A. She indicated that, you know, they had him under 

21 control, that he was -- Mr. Wallaesa was trying to get on the 

22 intercom to address the whole flight and tell the whole flight 

23 that he was in love with me. This is what Wendy is telling me was 

24 happening, and that 

25 Q. And when did she tell you this? 

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1 A. When she came back after everything happened to tell me, 

2 you know, what had transpired. 

3 Q. After you had been reseated 

4 A. Yes. 

5 Q. -- in the back? 

6 A. Right. 

7 Q. Okay. Did you observe anything from your seat in the 

8 back of the airplane? 

9 A. No, I couldn't see anything --

10 Q. Okay. 

11 A. -- from there. 

12 MR. STUART: Ms. Tomchik, for now, that's -- those are 

13 all the questions that I have. 

14 WITNESS: Okay. 

15 MR. STUART: Mr. Wallaesa? 

16 MR. WALLAESA: Okay. Just a few questions. I'm 

17 representing myself, pro se, so I may refer to myself as 

18 Mr. Wallaesa or the Respondent, but when I say that, I'm referring 

19 that to myself. 

20 CROSS-EXAMINATION 

21 BY MR. WALLAESA: 

22 Q. Prior to boarding the plane, you did say that there was 

23 a bit of a conversation 

24 A. 

25 Q. 

Right. 

-- just general conversation, right. After boarding the 

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1 plane, the conversation did continue after switching of seats and 

2 so on and so forth. Could you estimate how long the conversation 

3 lasted? 

4 A. No. As I said, I'm not very good with time. 

5 Q. Okay. 

6 A. It wasn't -- and I don't understand what you mean as in 

7 time of what conversation? Like the length of --

8 Q. The conversation between yourself and 

9 Mr. Wallaesa, how long did it last: a quarter of the flight, a 

10 half of the flight, a third of the flight, two-thirds of the 

11 flight --

12 A. I wouldn't --

13 Q. -- an hour, 2 hours? 

14 A. I would say a few minutes. 

15 Q. You believe it was only a few minutes? 

16 A. Like 10 minutes, if that. As long as it takes to get 

17 the plane in the air, basically. And at that time that's when I 

18 got my book out. 

19 Q. Okay. And your father owns a screen printing business 

20 in Baltimore, Maryland; is that correct? 

21 A. 

22 Q. 

23 A. 

24 Q. 

25 A. 

He owns a printing business, yes. 

His main contract is Under Armour? 

No, it isn't. 

Okay. You are an aunt? 

Excuse me? 

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1 Q. You have nieces and nephews? 

2 A. What does this have to do with anything? It's 

3 irrelevant. 

4 Q. Just the conversation that you had with 

5 Mr. Wallaesa, because Mr. Wallaesa's belief that the conversation 

6 lasted approximately an hour to almost 2 hours on the flight 

7 A. I'm sorry. I have to totally disagree with that. 

8 Q. -- where information was exchanged that --

9 A. Totally disagree with hour, 2 hours, completely, 100 

10 percent disagree with that. 

11 Q. Did you speak of having nieces and nephews? 

12 A. If any of this conversation happened, it would 

13 have been prior to taking off. 

14 Q. Okay. I don't believe that is correct, but okay. 

15 Do you remember the drink service early in the flight 

16 served complimentary drinks from the --

17 A. No, I don't. I don't believe I got a drink. I do not 

18 drink alcohol. 

19 Q. 

20 A. 

21 Q. 

22 A. 

23 Q. 

24 line for 

25 A. 

Were there offers for a complimentary drink from --

Not that I recall, no. 

Okay. Were you a Business Select ticket customer? 

Yes, I was. 

Okay. And that is the reason why you were number one in 

Yes, it is. 

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1 Q. Mr. Wallaesa was also a Business Select ticket customer. 

2 Did you know the Business Select ticket customers were offered a 

3 complimentary drink on the flight? 

4 A. I don't know if they were or not. My boyfriend bought 

5 the ticket. 

6 Q. Okay. No problem. 

7 A. I'm not really -- I don't really care about where I fly. 

8 Q. Okay. When you were speaking of the conversation 

9 between yourself and Mr. Wallaesa, how did you speak to 

10 Mr. Wallaesa to let him know you wanted no longer to have a 

11 conversation? 

12 A. For one, I got my book out, thinking that would give him 

13 the point that I was done talking. Once that didn't work, I got 

14 my iPod out and figured that would give him the point if I have 

15 headphones on that I'm finished speaking to him. 

16 Q. Okay. After you were moved, you were moved to the front 

17 right side of the plane as if you were looking at the front of the 

18 plane, so -- to the left of the plane as you described how you 

19 sat, as if you were boarding the plane, to the left side of the 

20 plane as if you were boarding --

21 A. What are you talking about? When I moved? 

22 Q. When you moved from the third aisle to --

23 A. I moved to the second aisle to my right-hand side 

24 diagonal from where I was sitting. 

25 Q. Window seat, correct? 

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1 A. No, in the middle seat. 

2 Q. Middle seat, okay. Did not know. When you spoke with 

3 Ms. Moorman, what was your conversation? 

4 A. My conversation was I was informing her that I moved 

5 seats and why I moved seats, that I was uncomfortable next to this 

6 gentleman, that he was asking inappropriate questions and making 

7 me feel uncomfortable. 

8 Q. After Ms. Moorman spoke to you and you had spoken to Ms. 

9 Moorman, did Mr. Wallaesa -- when was the contact between yourself 

10 and -- you say Mr. Wallaesa walked up to talk to you while you 

11 were sitting in the second row. When was that contact? Was that 

12 before or after you spoke to Ms. Moorman? 

13 A. That was way after I spoke to her. 

14 Q. Okay. Did she -- did you speak to her again after that? 

15 A. No. She went about her service. I gave her the note. 

16 She came over, went and spoke to Mr. Wallaesa in the back of the 

17 plane, came back, got me out of my seat, told me about the 

18 conversation she had with him, that she was going to tell him that 

19 he should leave me alone. And then -- so I sat back down, the 

20 flight went on, and then Mr. Wallaesa proceeded to come back over. 

21 Q. 

22 A. 

23 Q. 

24 A. 

25 Q. 

Okay. And you said you wrote a note? 

Yes. 

Is this a copy of the note? 

I have not seen it. 

Well, may I show it to you? 

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1 A. Yeah. This is a copy of the note. 

2 Q. Okay. Is that your copy of the note? And what is the 

3 date? 

4 A. I don't have a copy of it. 

5 Q. Okay. 

6 A. Just I'm looking at it. I don't have I've never -- I 

7 haven't seen this since I wrote it November 6th of 2009. 

8 Q. And that was written on the plane, correct? 

9 A. Yes. 

10 Q. Okay. That is yours, that's all? This is what wrote --

11 A. It's not my deposition that I -- for court. 

12 Q. No. But it was it is the copy you wrote on the 

13 plane? That's all I want to know. 

14 A. Yes, it is. 

15 Q. And it's dated the 6th of 2009? 

16 A. Yes. 

17 Q. And it has your name on it; is that correct? 

18 A. That's my name. 

19 Q. And the information, your address, street 

20 address, all that is blocked-out; is that correct? 

21 A. I would hope so; yes, it is. 

22 Q. Okay. That's all. 

23 Toward the end of the plane, you described it as a 

24 scuffle. Did you hear any of the conversation between Mr. 

25 Wallaesa, Ms. Moorman, or any of the flight attendants or the 

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1 flight crew or the air marshal after, after that? 

2 A. As I previously stated, no, I did not hear any 

3 conversation. 

4 Q. When you were seated, you were still seated in the 

5 second row middle seat at that time; is that correct? 

6 A. What time are you asking about? 

7 Q. When the scuffle, as you described it, was --

8 A. Yes, I was still in that seat in the second row 

9 Q. You were in the front of the plane at that time? 

10 A. -- in the middle seat, yes. 

11 Q. Yes. Okay. In anytime during what you described as the 

12 scuffle, did Mr. Wallaesa attempt to contact you? 

13 A. As I previously said, he walked by and did not look at 

14 me or say anything. 

15 Q. Okay. During the scuffle, your back was to the rear of 

16 the plane, correct? 

17 A. Yes. 

18 Q. Could you see any of the activity towards the rear of 

19 the plane at that time? 

20 A. No, I could not. 

21 Q. Okay. And has -- since the incident happened, or even 

22 since Ms. Moorman had talked to you, has Mr. Wallaesa ever made an 

23 attempt to contact you personally, meet you --

24 A. 

25 Q. 

No. 

-- e-mail? 

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1 A. Thankfully, no. 

2 Q. In -- at any time within the last 3 years? 

3 A. No. But I do make sure that I keep my FBI agent's 

4 contact information on me at all times just in case. 

5 Q. That's okay. Just asking a question. 

6 MR. WALLAESA: Actually, that's it. 

7 MR. STUART: I have no more questions. So at this point 

8 I think the court reporter 

9 COURT REPORTER: We can go off. 

10 VIDEOGRAPHER: It's up to you. Do you want to go off? 

11 COURT REPORTER: Yeah. We'll go off the record. We're 

12 off. 

13 (Whereupon, at 2:45p.m., the deposition was concluded.) 

14 (Reading and signature waived.) 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

25 

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CERTIFICATE OF NOTARY REPORTER 

I, TIMOTHY ATKINSON, JR., hereby certify, as the Notary 

Reporter, that the witness, JAIME TOMCHIK, whose testimony appears 

in the foregoing deposition, was duly sworn by me, that the 

testimony of said witness was duly recorded and accurately 

transcribed by me or under my direction; further, that said 

proceedings are a true and accurate record of the testimony given 

by said witness; and that I am neither counsel for, related to, 

nor employed by any of the parties to the action in which this 

deposition was taken; and further, that I am not a relative or 

employee of any of the parties or counsel employed by the parties 

and I am not financially or otherwise interested in the outcome of 

the action. 

My Commission expires: 

December 15, 2012 

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