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## q:Sb U.S. DEPARTMENT OF TRANSPORTATION OFFICEOF HEARINGS

WASHINGTON, D.C.

INTHE MATTEROF: BRIANWALLAESA, RESPONDENT

HEARING BEFORE THE HONORABLE RONNIE A. YODER

FAADOCKET NO. CP10WP0010

(CIVIL PENALTYACTION)

MAY 22, 2012

10:00A.M. 

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# HEARINGDOCKET

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_.1**~** ... "•.-,_r·**~.**BRIANWALLAESA, IN THE MATTEROF 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 25BRIANWALLAESA, INTHE MATTEROF 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 25BRIANWALLAESA, IN THE MATTEROF 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, LINK17 8 

### 9 INSPECTOR WILLIAM DRISCOLL PAGE 122, LINE 11 10 11 BRIANWALLAESA PAGE 133, LINE 21 12 13 14 15 16 17 18 19 20 21 22 23 24 25BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-l 5 1 HEARING 

### 2 May 22, 2012 

### 3 THE COURT: 

### This is the time andplace 4 for a Hearing inBrianWallaesa, 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 JosephA. 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 yoube 17 presenting this case, orwho is

...? 18 MR. STUART: 

### Yes, Judge. 19 THE COURT: 

### Okay, so, do you want tomake 20 an Opening Statement, or do you want to? 21 MR. STUART: 

### Yes, sir. I would like to 22 make a briefOpening Statement. 23 THE COURT: 

### Okay, proceed. 24 MR. STUART: 

### And Your Honor, before I 25 make that Opening Statement, a couple ofpreliminary

# COURT:~EPORTING**Vjd~o-gr3phg ~tigation** **TEch:~o•ogy**m eQ0"1:1iol.l7n' l.**J!l~9tk Jo!C~** **~rlmJ~** ,t, UG**J~**Sprlnao;1'\N(I! {, Sll:pr!JC:-,'fAUG:>!i

### t s.«>,"7.'1ioSUBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 6 1 matters. 2 

### THE COURT: Okay. 3 

### MR. STUART: I spoke withMr. Wallaesa 4 before the 

## ... we began, andhe 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 operatingunder 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.BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 7 1 

### MR. WALLAESA: 0kay. 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 withMs. Tomchik, and 11 that he spoke withMr. Wallaesa. So, we would ask to 12

... that

... to go ahead andbe 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 statedwhat 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.BRIANWALLAESA, IN THE MATTEROF 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 allegedthree 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 seatbeltwhen 11 the seatbelt sign is on; failure to complywith crew 12 member instructions; and interference with a crew 13 member in theperformance of the crewmembers duties. 14 Today, the Complainant will present 15 you will hear evidence from four witnesses, andwe will 16 offer into evidence the DepositionofMs. Jaime 17 Tomchik. Ms. Tomchik is expectedto give context to 18 the events onNovember 6, 2009. She is expectedto 19 testify as to comments made to herbyMr. Wallaesa. 20 Next, Your Honor

# ... 21 THE COURT: I 

### am confused. She is not 22 going tobe here, so there is not a question of 23 expectingwhat she is going to say. 24 MR. STUART: 

### That is correct, Your Honor. 25 She

... she will testifyto these things. She willBRIANWALLAESA, IN THE MATTEROF 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 Complainantwill 5 presentMs. WendyMoorman, she was a FlightAttendant 6 onboard Southwest Airlines. She first came into 7 contact withMs. Tomchik. She spoke with Brian on 8 several occasions. Next, Your Honor, we will hear from 9 FlightAttendantRobert Dumond, who also spoke withMr. 10 Wallaesa. You will hear testimony fromboth of these 11 witnesses. We will expect that theywill testifyas to 12 instructions given toMr. Wallaesa to sitdown when the 13 seatbelt signwas 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 andthe Respondent. 18 THE COURT: 

### Okay. 19 MR. STUART: 

### And at the close of the 20 Hearing, the Complainant respectfully requests that 21 Your Honor affirmthe Factual andthe Legal allegations 22 in the Complaint. 23 THE COURT: 

### You don'tpropose topresent 24 a witness to address the subject ofpenalty level? 25 MR. STUART: 

### Your Honor, I would addressBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 10 

### 1 that in the ClosingArgument. 2 

### THE COURT: Okay, all right. Mr. 3 Wallaesa, do you want tomake 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 

### representingmyself 

## ... 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 onNovember 6, 2009. 16 Mr. Wallaesa was up the previous night, was on 17 prescriptionmedication for anxiety andpanic 18 attended

... was on the flight, was served a 19 complimentary alcoholic beverageby Southwest Airlines, 20 which he did not pay for or ask for. 21 During the flight, Mr. Wallaesamet 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, andMr. WallaesaBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 11 

### 1 sought the help of the flight crew at that time. 2 Andjust as ifMr. Wallaesa was 3 physically manifesting a physical illness such, 4 as flu, or evenheart attack, the flight crewwas 5 responsible for Mr. Wallaesa inperforming their 6 duties, even though itwas not necessarily a physical 7 but a mental manifestation of an illness. Mr. Wallaesa 8 onlywas seekinghelp from the flight crew and had no 9 intention to interfere with their duties, hadnever 10 threatened anyone on the flight at that time, andMr. 11 Wallaesa expects through the testimony of the flight 12 crew thathe hadneverphysically threatened, raised a 13 fist, raisedhis voice to the flight crew at anypoint 14 in time. 15 It also isMr. Wallaesa's contention 16 that when initiallycharged, Mr. Wallaesa was only 17 chargedwith Section 121.580 Threatening, 18 Intimidatingor Interferingwith the CrewMember in the 19 performance of the CrewMembers duties. This 20 information was only

... Section 121.317(f) and Section 21 121.317(k) were onlyadded afterMr. Wallaesahad 22 requesteda formal meetingwith the FAA, and inboth 23

... and, prior to that, the level ofpenaltywas listed 24 as $5,000, and itwas impliedthat the penaltywouldbe 25 higher

... a penalty for eachviolation was $11,000BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 12 

### 1 initiallywith a proposed $5,500. Itwas impliedonce 2 the other three sections were added that thepenalty 3 wouldbe of a highervalue. Through the testimony, Mr. 4 Wallaesabelieves that you will see thathe 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, butbefore 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 regardingAgent

... excuseme, Inspector 23 Driscoll, I have markedExhibit

... Complainant 24 Exhibit-C3 and C2. 25 THE COURT: 

### Do you want to hand those toBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 13 

### 1 the Reporter and lethimmarkthem for identification. 2 (WHEREUPON, Complainant Exhibit-C2 andComplainant 3 Exhibit-C3 were marked for identification.) 4 MR. STUART: 

### AndMr. Wallaesa. 5 MR. WALLAESA: 

### Yes, I have those. 6 MR. STUART: 

### May I 

### approach, Your Honor. 7 THE COURT: 

### Yes, youmay. 8 MR. STUART: 

### Your Honor, I 

### believe we 9 have two copies, would you like one? 10 THE COURT: 

### You needto present a copy to 11 me at the time of the Hearing, which youjust did. 12 Okay, I am looking at the document inmy hands, and I 13 am not seeingthat ithas beenmarked anything. So, do 14 you want to have thatmarked? Is thatmarked? 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, andC2 is the 20 transcripts of the video deposition of Jaime Tomchik 21 takenbyCounsel for Complainant onApril 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 

# C



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### 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 havebothof 5 these in the record. I have actually seen them. You 6 have delivered them to us beforehand. It is not going 7 tobe the subject of cross examination. It is not 8 going tobe a subject of objection to individualparts 9 

### of it. Playing it seems tome unnecessary. We have it 10 marked for identification. We will defer the question 11 of admission until the close of yourpresentation. 12 MR. STUART: 

### Thankyou, Judge. 13 Complainant now calls

... 14 THE COURT: 

### Now, do I understandthat the 15 C1 is no longer going tobe submittedornecessary, or 16 you are submitting as stipulatedas correct? 17 MR. STUART: 

### Your Honor, we will admit 18

... offer it for admission as Stipulatedas Correct. 19 THE COURT: 

### Well, you need tomark 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.BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 15 

### 1 MR. STUART: 

### Next, Your Honor

... 2 THE COURT: 

### Inbig cases, we find that it 3 is better for everybody ifwe wait until the endto 4 admit things, because then we are sure we have got 5 everything. Ifwe start admitting thingspiecemeal, 6 at the end you then have to go back through the record 7 andmake sure everythinghas been admitted. That is 8 not in anybody's interest. That is why I saidwe 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 WendyMoorman. 14 THE COURT: 

### Okay. 15 (WHEREUPON, an off the recorddiscussion 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 nothingbut the truth, sohelp you God? 20 THE WITNESS: 

### Yes, sir. 21 THE COURT: 

### Thank you. Please be seated. 22 (WHEREUPON, WENDY MOORMAN havingbeen duly sworn, was 23 examinedand testified as follows:) 2 4 

### DIRECT EXAMINATION 

### 25 BYMR. STUART:BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 16 1 Q. Goodmorning, Ms. Moorman. 2 A. Goodmorning. 3 Q. Would you state your name for the record. 4 A. WendyMoorman. 5 

### THE COURT: You are going tohave to 6 speak into the mike, is that on? 7 

### A. WendyMoorman. 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.BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 17 1 Q. Andwhere 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 SeriesAircraft. 14 Q. Do you know howmany 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 thatperson, please. 20 

### A. Mr. Wallaesa. 21 Q. Let the record show that Ms. Moorman has just 22 identifiedMr. 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?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 18 1 

### A. Itwas non-routine. 2 Q. Why would you say that? 3 A. I was calledto Row Number 2, a young lady 4 had rang her place and call button and calledme to her 5 row, andwanted to speakwithme about

... she had 6 changedher seat, and I askedher why. She said that 7 she was being harassedby a male passenger in Row 3. 8 Q. Okay, do you remember thatpassenger's name? 9 A. The young lady or the gentleman? 10 Q. The young lady. 11 A. Jaime Tomchik. 12 Q. Okay, and she calledyou to Row 3? 13 A. She calledme 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 askedher what 17 had transpired, why she would change seats. She 18 proceeded to tellme that she was feeling very 19 uncomfortable andharassedby a male passenger in Row 20 3. She had askedhim to

... that she didn't want to 21 talk to him any more, and askedhim 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?BRIANWALLAESA, IN THE MATTEROF 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 listenedto what shehad to say, and told 5 her that we would talk to him, and askedher to write 6 some information down

... her name, address, phone 7 number, what had transpired in the conversation that 8 theywere having, what hadmade her uncomfortable. So 9 that we wouldhave 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 withmy other two flight attendants. I 22 told them what Ms. Tomchik had toldme, and we had kind 23 ofmade 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 decidedBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 20 

### 1 that we would talk to himjust to get his side of the 2 story, just to make sure we hadboth sides. 3 

### Q. Andwhere 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 actuallyhave 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 obtainedit, Mr. Wallaesa? 17 

### MR. WALLAESA: Through Free State 18 Reporting. 19 

### THE COURT: I am sorry? 20 

### MR. WALLAESA: Throughmy 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.BRIANWALLAESA, IN THE MATTEROF 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 GrandJuryhearing. 5 THE COURT: 

### And you didnotprovide that 6 toMr. Stuart, then? 7 

### MR. WALLAESA: 

### I don't believe I did. I 8 thought I hadprovidedeverything I had. You had asked 9 

### 10 THE COURT: 

### You have a copy of ithere 11 with you? 12 MR. WALLAESA: 

### I do have a copy of it 13 here withme. 14 THE COURT: 

### Wouldyou letus 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, itwas shown toMs. 23 Tomchik, do you mean itwas shown toherwithout your 24 seeing it? 25 MR. STUART: 

### I looked at it as he gave itBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 22 1 to her. 2 

### MR. WALLAESA: I didpresent it. I 3 intentionallypresented it to ask 4 

### THE COURT: Now you are going to have to 5 sit down and use themicrophone, 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 didpresent 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 askme to request that ofmy 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.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 23 1 

### THE COURT: 

### This, you got from somebody? 2 

### MR. WALLAESA: 

### Fromthe lawyer in Las 3 Vegas. 4 THE COURT: 

### When didyou get that? 5 MR. WALLAESA: 

### Sometime inNovember or 6 December of 7 THE COURT: 

### Okay, so a goodwhile ago? 8 MR. WALLAESA: 

### Yes. 9 THE COURT: 

### Couldwe have thatmarked, 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 thatMr. Wallaesa, ordo 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'tmark on it, Mr. 18 Wallaesa. Hand it to the Court Reporter, please. 19 MR. WALLAESA: 

### Mark that Respondent's 20 Exhibit-1, andwe will get copiesmade. 21 THE COURT: 

### We will needthe document in 22 order tomake copies, Mr. Wallaesa. 23 MR. WALLAESA: 

### I'm sorry. 24 THE COURT: 

### Thank you, okay. 25 (WHEREUPON, RESPONDENT'S EXHIBIT-R1 was marked forBRIANWALLAESA, 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 surprisedthe 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 

### BYMR. STUART: 10 

### Q. Ms. Moorman, I had asked you about the 11 where the parties were seatedon 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 thatBRIANWALLAESA, IN THE MATTEROF 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 wouldbe 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 withMs. 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 askedhim several times to stop doing 19 that, and she saidhe didnot complywithher. She 20 felt uncomfortable and felt threatened, and she did not 21 want to sit next to him anymore. She wanted

... she 2 2 needed tomove. 23 Q. Did she elaborate on what he said to her? 24 A. Yes, but I have tobe honest, it has been 25 you know, almost three years, I can't remember exactlyBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 26 

### 1 what she toldme, that is why I askedher to write this 2 what happeneddown, so I wouldhave that. 3 

### Q. Okay, so you statedthat after she wrote down 4 her comments on yourpadof 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 itback inmy bag. 12 

### THE COURT: Okay, andhow 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 thatmet 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: Theymet us at the airport. 22 

### THE COURT: FBI officermet the 23 airplane, you gave it to him? 24 

### THE WITNESS: Yes. 25 

### THE COURT: And, you didn't have anotherBRIANWALLAESA, IN THE MATTEROF 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 copyback? 6 

### THE WITNESS: No, I did not. 7 

### THE COURT: Okay, thank you verymuch. 8 Go aheadMr. Stuart. 9 

### CONTINUED DIRECT EXAMINATION 10 

### BYMR. STUART: 11 Q. Ms. Moorman, when you were in the back of the 12 airplane, as you statedwith 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 thatMs. 17 Tomchik had toldme 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 hadwas 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 hadboth sides of the story. 

### 24 Q. Andwhen you say, "Rob," do you mean Rob 25 Dumond?BRIANWALLAESA, 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: PennyHendricks. 6 

### THE COURT: Thank you. Go ahead. 7 Q. 

### So, what did you andMr. Dumond decide? 8 

### A. Decidedthat 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, askedMr. Wallaesa ifhe could come to theback 13 of the aircraft withme for a fewmoments that we would 14 like to talk to him, and, he complied and came to the 15 back, andwe thenproceeded to the back of the 16 aircraft. 17 Q. 

### Once you were in the back of the aircraft, 18 whathappened? 19 A. I believe I started speaking with him and 20 just toldhima littlebit, and askedhim

... toldhim 21 a littlebit about what Ms. Tomchikhad saidto me, and 22 askedhimhow he felt about that, andwhat

... you 23 know, what he thought was going on, and you know, he 24 saidthat they were having a conversation. He did not 25 think that he was being inappropriate with her at that

--------------- -------- ---BRIANWALLAESA, IN THE MATTEROF 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 toldhim that 3 she was feeling uncomfortable with his actions andwith 4 his what he was saying to her, and asked that he 5 not bother her anymore. 6 Q. Did you tell him anything else? 7 

### A. I am sorry, say that again? 8 Q. Didhe tell you anything else? 9 

### A. He toldme "he lovedher, and that she was 10 the one for him, andhe saidhe lovedher 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 inmy mind, because I believe I asked him if 15 he knew her because, Ms. Tomchikhad toldme that she 16 did not know him that she hadjustmet 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

...BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 30 

### 1 

### THE COURT: That was the question? I 2 justwant tomake sure that I 

### got the question right. 3 

### MR. STUART: I 

### can't remembermy exact 4 words, but that sounds close. 5 

### THE COURT: Okay, well it is in the 6 

### record, but I 

### have no idea what itmeans. 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 problemwith 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 

### BYMR. STUART: 17 Q. Ms. Moorman, didMr. 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.BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 31 1 

### THE COURT: Can you tellme whether that 2 is the document that you received fromMs. Tomchik that 3 you referred topreviously? 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, didMr. Wallaesa deny any of Ms. 11 Tomchik's allegations that she told you on the flight 12 before you spoke withMr. Wallaesa? Do you understand? 13 A. I am not reallyquite sure how to answer 14 that. Did he deny? 15 Q. Yes, when you were in the back of the plane 16 with him, didhe deny any of the things thatMs. 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 askedher if she

... you 22 askedher about his going to theback of theplane? 23 

### MR. STUART: Yes, Judge. 24 

### THE COURT: Okay. So, he is in the back 25 of the plane now?BRIANWALLAESA, 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 toldhim 4 some of the things that Ms. Tomchikhad toldme, I was 5 statingto himwhat she said. He didnot denyhaving a 6 conversation withher 7 

### Q. Okay, after that conversation tookplace, 8 what happened? 9 

### A. I toldhim thathe hadto be

... that he 10 needed to go backtohis seat. 11 Q. Uh-huh (indicating affirmatively) 12 A. And that she

# ... tomake sure to stay seated, 13 and to not talk withMs. Tomchik again. 14 Q. DidMr. Wallaesa goback to his seat? 15 A. Yes, he did. 16 Q. Which seat? 17 A. 3

# ... Number 3B. 18 Q. So, he wentback 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 thatpoint? 24 A. I 

### wentbackup to the front galley andwas 25 preparing for a drink service. 

# COURT:faePORTING Vidt'ogr.apny

# ~tlgationT:Ecttf'lo•ogym

-------------------------------------BRIANWALLAESA, IN THE MATTEROF 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 itwas in the 8 first hour of the flight. 9 

### THE COURT: Okay. 10 

### THE WITNESS: Ifmy 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 satback 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 hadpassed, I kind of turned 24 around

... was goingback out into the cabin, andMr. 25 Wallaesa at that time was up out of his seat, at Row 2BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 34 

### 1 at this point leaning over trying to talk toMs. 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 askedme in the back of theplane, 6 would I askMs. Tomchik

... couldhe 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 askedhim at that 11 time whyhe was getting so upset, andhe said, "because 12 I was not going to allowhim to talk to her again." 13 And, in that conversation, he askedme would I ask her 14 couldhe talk to her onemore time. I told him that if 15 he would sit in his seat, I would ask her. 16 Q. And did you askher? 17 A. Yes, I did. 18 Q. Andwhat did she say? 19 A. She said, "absolutelynot.

### " 20 Q. So, she said 

## ... 21 

### THE COURT: I am sorry, you said, "Ifhe 22 would sit in his seat, you would askher." 23 

### THE WITNESS: If he would sit in his 24 seat, I would askher. 25 

### THE COURT: Did he?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 35 

### 1 

### THE WITNESS: Yes, he sat in his seat. 2 

### THE COURT: Okay, and then you askedher? 3 

### THE WITNESS: And, then I askedher. 4 

### THE COURT: Thank you, go ahead, Mr. 5 Stuart. 6 

### A. And, she said, "absolutelynot" 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 lookedatMr. 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 didhe 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, cleaningup, doing icing 20 the cups, pouring drinks. Afew minutes later, when I 

### 21 cameback out to walkback out into the front of the 22 cabin, he was out ofhis 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.BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 36 1 Q. How much time passedbetween you tellingMr. 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 approachedMr. 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 withme now." And he said, "I don't want to do that." 14 And I said

... I actually calledhim "Brian", because I 15 knew his name at that point. I said, "Brian, you need 16 to come to the back of the aircraft withme now." I 17 askedhim twice to do that, and at that point he did 18

... he came to the back of the aircraft with us ... 19 withme. 20 Q. So, you say you asked him twice. You asked 21 him one time, didhe comply? 22 

### A. No. 23 Q. What did he say? 24 A. He said, "no, I don't want to." 25 Q. And you askedhim again?BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 37 1 

### A. Yes. 2 Q. Andwhat didhe do? 3 A. 

### And, at that point he came ... he walked to 4 the backwithme. 5 

### Q. Just to clarify, this timeMs. 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 theplane 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 tookMr. Wallaesa to the back. 23 A. 

### Yes. 24 Q. 

### For the second time? 25 A. Yes.BRIANWALLAESA, 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 leavingMs. Tomchik alone. 5 Q. Who was in theback at that time? 6 A. RobDumond, Penny andmyself, again were all 7 back there. 8 Q. Okay, can you describe that conversation? 9 

### A. It was prettymuch the same thing

... Mr. 10 Wallaesa I was callinghim 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 saidto 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, andwe 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. HisBRIANWALLAESA, IN THE MATTEROF 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 thatpoint, didMr. Wallaesa go back to 6 his seat in the front? 7 

### A. No, he didnot. 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 wouldbe willing to go up to Row 3 so 13 we could seat a passengerback 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. AndhadMr. 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?BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 40 1 A. I am sorry? 2 Q. Did you re-seatMr. Wallaesa? 3 A. Yes. 4 Q. Okay, do you recall what Mr. Dumondwas 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, didMr. 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 noticedMr. Wallaesa? 24 A. The Captain had called

... had turned the 25 "Fasten seatbelt" sign on, and he

... what I callBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 41 1 "dingedus," twice, whichmeans whichmeans we have to 2 pickup the intercomand 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 calledand toldthe flight attendants that he wanted us 6 seatedwith our seatbelts on because we were coming in 7 range of Las Vegas, and it was going to be bumpy, and 8 for us tobe seated with and to fasten our 9 seatbelts. 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 anypoint 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 observedMr. Wallaesa up out 24 of his seat quickly coming to the front of the 25 aircraft, coming down the aisle to the front of theBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-1 42 1 aircraft. Once I saw him, I did get up out of my jump 2 seat to walkback towards Mr. Wallaesa. Robert Dumond 3 was coming from the back following himup the aisle. 4 We both stoppedhim. I can't remember what row it was 5 probablymaybe 5, 6 . . Row 5 or 6. 6 Q. Row 5 or 6 when you stoppedhim? 7 

### A. We stoppedhim. 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, "walkingwithpurpose" towards the front of 12 the aircraft. 13 Q. Okay, after you andMr. Dumondmet 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 askedhim to go back to his 20 seat. He refused. 21 Q. And didhe he refused? 22 A. He refused. 23 Q. What happened then? 24 

### A. Rob and I came to the

... withMr. Wallaesa 25 to the front of the aircraft into the front galley. IBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 43 1 brought him up to the front galley. And again, you 2 know, startedtalking to him again about goingback to 3 his seat, sittingdown, complyingwith what we were 4 asking him to do. He refused. At that point, I called 5 the Captain and toldhimwhat was happening withMr. 6 Wallaesa at the time. And, he was not being 7 reasonable, he was not complyingwith 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 askedwhere he was seated. 12 I toldhim. He said

... do you .. He askedme, "did I 13 think that we neededhelp?" At thatpoint, I said, 14 "yes, because he was not complying with what we asked 15 him to do." Andhe said, "ask the officer to come up 16 and intervene." 17 Q. And what did you do then? 18 A. At thatpoint, 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\ BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-1 44 

### 1 AgentMollica, had you met himbefore? 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 theybring 5 on, they introduce themselves to the Captain, the First 6 Officer, andmost of the time to a flight attendant. 7 We get a copy of theirpaperwork, andwe 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 hadhis paperwork. I knew who he was, yes. 

### 19 Q. So after the Captain statedthat itmight 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 wavedhim 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 andBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 45 

### 1 wavedhim forward. 2 Q. And, then what happened? 3 

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

### 4 thinkwe had a small conversation kind of about what 5 was transpiring. I don't know ifhe knew everything 6 that was going on, but he hadbeen observingwhat had 7 been going on during the flight, andhe started to talk 8 withMr. Wallaesa, calmhim down, find out kind of like 9 what he was doing. I thinkhe was trying to diffuse 10 the situation. Calmhimdown. 11 Q. Didyou hear what he said to Mr. Wallaesa? 12 A. I didn't hear everythinghe said. I know he 13 was kind ofjokingwith him

. . . you know, what

. . . why 14 are you going to Las Vegas? "You know, you mayget in 15 trouble if you don't do what the flight attendants say. 16 You know, itwouldbe better if you would go back to 17 your seat." You know, kind of jokingwith him, or 18 trying tojoke with him about

... you know, "there is 19 otherwomen in Las Vegas," and you know, just

. . . you 20 know, trying to diffuse the situation at that time. 21 Q. Okay, and did you hearhowMr. Wallaesa 22 responded? 23 A. 

### He didn't

... I didn't hear exactlywhat he 24 saidat that point, because I had turned around and 25 made a decision tomove Ms. Tomchik at that point.BRIANWALLAESA, 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 movedMs. Tomchik? 7 

### A. Yes. 8 

### Q. Where did you move her? 9 

### A. I 

### movedMs. Tomchik from Row 2 

# ... I 

### took her 10 back to Row 18, where Mr. Wallaesa hadpreviouslybeen 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 wouldbe better to put her to the backof 18 the aircraft, until they take her out of the picture 19 from the front. 20 

### THE COURT: Did you hearMr. Mollica 21 identifyhimself as a law enforcement officer? 22 

### THE WITNESS: I am sorry, Your Honor, I 23 couldn't hear you. 24 

### THE COURT: Did you hearMr. Mollica 25 identifyhimself as a law enforcement officer?BRIANWALLAESA, INTHE MATTEROF 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 verymuch. Go 12 ahead. 13 Q. Ms. Moorman, can you describe the 14**int~ractions** between

... that you witnessedbetween Mr. 15 Wallaesa andAgent 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 interactionbetween FAA 19 FBI Agent Mollica andWallaesa 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 calmhim down it wasn't working, he was 23 getting agitated. He wanted to talkto 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 toBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 48 

### 1 Jaime." Not really listeningtoAgent Mollica. 2 Q. Andhow didAgent Mollica respond to that? 3 Did you see that? 4 

### A. At thatpoint, I had left at that point to 5 moveMs

. Tomchik. 6 

### Q. Uh-huh (indicating affirmatively)

. 7 

### A. I 

### hadmovedher to the back 18 to Row 18, 8 seatedher and came backup to the front of the 9 

### aircraft. They were still up front. Rob Dumond, Agent 10 Mollica andMr. Wallaesa were still in the front. When 11 I gotback what their conversation was, Agent Mollica 12 askedhim to comply with what we were askinghim 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 goback there, I am going to 17 have to handcuff you." And he still did not comply 18 withAgent Mollica, so he askedhim to turn around and 19 put his hands behindhis back. 20 

### Q. And, then what happened? 21 A. And, he didn't do it right away. And, Agent 22 Mollica, I believe askedhim to do it again, andhe 23 finally at some point, he turned around, andAgent 24 Mollica handcuffedhim. 25 Q 

### Did you see anything elsebetween AgentBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 49 1 Mollica andMr. 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 lovedJaime, 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 andAgent 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 behindhim. 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 anypassengers in Row 3 at that 16 time? 17 A. No, we had cleared that row. 18 Q. Okay, you say that you hadmovedMs. 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 inRow 3

... we cleared 22 that row for Agent Mollica andMr. Wallaesa. 23 Q. Okay, so once you had cleared the passengers, 24 and Mr. Wallaesa was handcuffed, what happened? 25 A. Agent Mollica askedhim to go back into RowBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-l 50 1 3, they were slowlymoving to Row 3, Agent Mollica was 2 behindhim. Mr. Wallaesa was handcuffed at the time. 3 Theygot to Row 3, I didnot 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 endedup sittingtowards 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 andAgent Mollica were 14 seated in Row 3? 15 A. I am sorry? 16 Q. Did you have any interactions withMr. 17 Wallaesa after he andAgent Mollica had 18 A. No, I did not 19 Q. hadbeen 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, itwas not routine.BRIANWALLAESA, INTHE MATTEROF 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 jetbridge, 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 talkedwith 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 toldme 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 thatpoint 22 asked to go with the FBI, we had to make statements. 23 Ms. Tomchik was asked tomake

... you know, to go along 24 witness, I believe they took witness statements. 25 Q. Okay, at any point in your interactions withBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-l 52 1 Mr. Wallaesa, didhe state that he was onmedication? 2 

### A. No, sir. 3 Q. Didhe state that he was in need ofmedical 4 assistance? 5 A. No, sir. 6 Q. Okay, did you give a passengerbriefing 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 briefingbefore 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 welcomingpassengers 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 seatbeltBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 53 

### 1 light on at thatpoint? 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 somepoint 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 bebumpy, 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 itgoes off after theplane achieves 17 cruisingheight 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 toMr. Wallaesa addressing other 23 members of the passengers when he was in the 24 confrontationwith you orMr. Mollica? 25 THE WITNESS: 

### I am sorry, couldyouBRIANWALLAESA, 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

... otherpassengers ... specifically or 4 genericallywhen he

... 5 

### THE WITNESS: Generically, generically. 6 

### THE COURT: What didhe say? 7 

### THE WITNESS: "I love Jaime, they are 8 keeping me away from her. They won't letme 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 withMr. 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 theBRIANWALLAESA, IN THE MATTEROF 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 crewmember. 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, letme 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 trainedto 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 teachus 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 arebehaving 

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. ·· Utigation**'f~~:tll'rlology** ·mBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 56 1 properlywhen they are getting on the aircraft,.they 2 are not doing anything suspicious. 3 Q. And, do you continue tomonitorpassengers 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 theirpassengers. 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 diffuseBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-l 57 

### 1 that is what theywant us to do theywant us to try to 2 diffuse. 3 

### Q. And are there anyprimary skills in diffusing 4 a conflict? 5 

### A. I am sorry? 6 

### Q. Are there anyprimary 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, calmthat passenger down. Find out 11 what it is that theywant. What can we do tomake 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 goingbeyond, you 19 know, just conversing, andwe 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 aroundMr. Wallaesa, and while you were 25 tellinghim to sit down at various times, were you ableBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-l 58 1 to observe whether otherpassengers on the flight were 2

... for example, in needofmedical assistance, or 3 needed help in any otherway? 4 A. Whether other passengers were? 5 Q. Yes, while you were dealing withMr. 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 

### BYMR. WALLAESA: 14 Q. Goodmorning. Just a few questions

...I am 15 representingmyself, so I may refer to myself asMr. 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 talkbeneath 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.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 59 1 Q. On the flight, do you remember complimentary 2 drink service for certainpassengers on that flight? 3 A. Complimentary drinks service for what? 4 Q. Forbusiness selectpassengers, 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 andwhen 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-seatedMr. Wallaesa at 16 when you movedMr. 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 betweenMr. Wallaesa 19 andMs. Tomchik again when Mr. Wallaesa spoke withMs. 20 Tomchik and wrote to you? 21 

### A. Which time? 22 Q. After she hadmoved to Row 2, you had spoken 23 to Mr. Wallaesa in the back of the plane

... 24 A. Okay. 25 Q. Mr. Wallaesa movedback to Row 3, what wasBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 60 

### 1 the time frame betweenMr. Wallaesamoving back to Row 2 3 and speaking toMs. Tomchik again? 3 

### A. As I recall, 10, 15minutes. 4 

### Q. Okay, and then when you spoke withMr. 5 Wallaesaback in theplane and re-seatedhim in the row 6 at the back of the plane, what was the approximate time 7 frame between the time you re-seatedhim andhe sought 8 to contact you at the front of the plane? 9 

### A. I reallydon'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, itwasn't that long 30 14 minutes, 30, 45 minutes. 15 Q. When you spoke to Mr. Wallaesa at theback of 16 the plane, you describe as agitated, but you also said 17 "tearful and flushed," would you also describe that as 18 possiblyupset ormaybe dismayed, orbroken hearted? 

### 19 A. I am having a really hard time hearing, 20 sorry. 21 Q. Okay, you described in your testimony, 22 you describedMr. Wallaesa as "agitated" at the back of 23 the plane, did you ever feel threatened? DidMr. 24 Wallaesa ever threaten you physically, raise a fist, 25 raise his voice, try to grab or hurt you in any manner?BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 61 1 A. Mr. Wallaesa did not physically threatenme. 2 The conversation inmy opinion

... at points**du~ing** 3 that conversation, voices were raised in agitation, in 4 my opinion. 5 Q. Could you see it from thepoint ofview of 6 possiblyjustbeing upset in a manner ... 7 

### A. Being, what? 8 Q. Upset, tearful

... you describedMr. 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. Askme that one more time? 18 Q. Have you ever been on a flight that had an 19 emergency situationprior 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.BRIANWALLAESA, 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 startedthere, I have 5 probablyhad five or sixmedical 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 Fiveminutes, ten minutes? 13 

### A. You are talking about a heart attack to 14 somebodyhaving 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 inmy section, that is my personal

... I 18 have to take care of thatperson 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.

... completelyresolved? 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 anBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 63 1 issue? 2 A. It wouldn't be, what? 3 Q. Out of the ordinary if somebodywas 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 withMr. 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 statedyou movedMs .Tomchik 24 from the front of the plane to the back of the plane, 25 were there members of the passengers of the planeBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 64 1 moving

... was anybodymoving from the front from 2 the back to the front of the plane afterMr. Mollica 3 hadmoved

... tried to move Mr. Wallaesaback to his 4 seat? 5 

### A. I don't think I understand the question. 6 Q. In other words, were there anymembers of 7 passengers on the plane thatmoved

... that attempted 8 to move forward from theback of the plane

... 9 passengers or crew from the back of the plane to the 10 front of the plane as you movedMs. Tomchik from the 11 front to the back? 12 

### A. I don'tbelieve so. 13 Q. Okay. 14 A. Not that I recall. 15 Q. Okay. So, approximatelyby the time Mr. 16 Wallaesa was seatedwithMr. 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 seateduntil 20 we landed? 21 Q. Yes? 22 A. It wasn't long

... it was, I think, twenty 23 minutes, maybe. 24 Q. Andhow long was the flight in its entirety? 25 A. I believe that flight is blocked for aboutBRIANWALLAESA, INTHE MATTEROF 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 itwas about a 4 three and a half hour flight. 5 Q. Okay, so back to the moving

... so, when you 6 tookMr. Wallaesa to the back of the plane, and you 7 spoke withMr. Wallaesa with the other flight crew ... 8 Mr. I am sorry, Penny andMr. 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 withhim? 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.BRIANWALLAESA, IN THE MATTEROF 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 actuallymakes that decision. 12 Q. Okay. 13 

### A. Once we have informedhim 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 didendup, 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 withBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 67 

### 1 respect topassengers, 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 hada 9 chance now to look at Respondent's Exhibit-1, the 10 StatementwrittenbyMs. Tomchik. 11 THE WITNESS: 

### Correct. 12 THE COURT: 

### Is it consistent with the 13 statements that shemade to you orally about what had 14 transpired? 15 THE WITNESS: 

### Can I have a moment to read 16 this lastpage? 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 toldme, 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 sheBRIANWALLAESA, 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 verymuch. 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, havingbeen duly.sworn, was 14 examined and testified as follows:) 15 

### DIRECT EXAMINATION 16 

### BYMR. STUART: 17 Q. Goodmorning, 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.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 69 1 

### Q. And, what did you dobefore that? 2 

### A. I was in Retail Management for about 25 3 years. 4 

### Q. Do you recall where you were onNovember 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. Dumondhas 14 identifiedMr. 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, WendyMoorman was working the "A" position, 21 I was working the "C" position. She cameback to the 22 back of the plane to informme and Penny that a young 23 ladyhadbeenbeingbotheredby a gentleman, that she 24 was going to bringhim to theback, andwe were going 25 to talk to him about it, and that she hadmoved theBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 70 

### 1 ladyto another seat. 2 

### Q. Okay, so the "C" position is in theback of 3 the airplane. 4 

### A. Well, the "C" position is actually 5 responsible for the centerportion of theplane during 6 service, but that personwill 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 ladywas beingbothered 16 by a malepassenger, and that the female passenger had 17 switched seats, and that she was going tobring the 18 gentlemanback here so that we could all talkwith him. 19 Q. And, did shebring the gentlemanback? 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 thatpoint that the three of us 25 myself, Wendy and Penny andMr. Wallaesa was in theBRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 71 1 back galley. Wendy started tellinghim 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. Fromwhat 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 inmy 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, andhe wasn't paying attention to what was 18 being said to him. Maybe a little nervous, and a 19 little upset, butjust

... itjust 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 believehe 24 was seated in Row 3 or 4, I can't remember, but still 25 at the front of the plane.BRIANWALLAESA, 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 ofplanes 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 toback 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 andpilots and even in the air, we always speak as we 12 are 11

### looking forward. 11 

### 13 

### THE COURT: Yes, I understandwhat 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 otherpeople'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.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 73 1 

### Q. What happened then? 2 

### A. It was at thatpoint thatWendywent back to 3 the front, andjust a short time after that, Mr. 4 Wallaesawas up again leaning over the aisle seat on 5 the opposite side of theplane tryingto talk to a 6 female passenger. 7 

### Q. Okay, so you sawWendy 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 sawMr. 14 Wallaesa try to speakwithMs. 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 itwas really close to 22 the front of the plane. 23 Q. 

### Could you hear any communication? 24 A. I couldnot hear communication, but itwas 25 obviouslyhe was talking, he was leaning over.BRIANWALLAESA, 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 thatpoint that Wendy came to the 3 back again and informedus that we needed to talkwith 4 this girl, andwe were going to move him to the back of 5 the plane. She brought Mr. Wallaesabackto 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 handedback his ID. 12 Q. Okay, so you are in theback 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-seats the passengers. 17 A. Right. 18 Q. You were standing in the back withMr. 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 fromVirginia.BRIANWALLAESA, 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 checkinghis ID? 4 A. No, sir, I justwrote it down. 5 Q. Didhe sayanything 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. Servingdrinks, collecting trash, checking on 25 passengers.BRIANWALLAESA, 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 withMr. Wallaesa? 5 

### A. Well, he got up out of his seat and saidhe 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 toldWendy, 11 "Hey, he wants you to come back and talk to him." She 12 said, "She isbusy with service, and she wouldbe 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

# ~ligationT<Chnology

-BRIANWALLAESA, INTHE 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 toWendy, 4 and she saidthat

... 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 returnedon his way back from using 14 the lav, he went past the seat and kept walking 15 forward, and I toldhim 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, letme 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 toldhim 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 didhe say?BRIANWALLAESA, 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, itjust seemed like he wasn't focusing 11 on what anybody was tellinghim

... 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 tellinghim. 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 seatedor 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, orputting trash away, orBRIANWALLAESA, IN THE MATTEROF 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 thepassengers 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 instructedby the Captain to stay seated. 17 

### THE COURT: I got it. Thank you. 18 Q. DidMr. 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 seatedbecause he was 22 expecting turbulence. So, I was seatedon the rear 23 jump seat, which is facing the cabin. And itwas 24 shortly thereafter, that Mr. Wallaesa got up and 25 quickly startedwalking towards the front of the plane,BRIANWALLAESA, IN THE MATTEROF 05/22/2012**CCR#16832~1** 80 1 and it was at that point that I got up topursue him. 2 Q. Was the seatbelt sign on at that time? 3 A. Yes. 4 Q. Describe howMr. Wallaesa movedup 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 saidhe didn't want to 

## ... something to 17 that effect. I grabbedhimby the arm as well to keep 18 him from going forward. He said, "I want to talk to 19 her." 20 Q. When you toldhim, "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 mayhave been a gap of some sort

... it is 25 about the same time.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 81 1 Q. And did you state that you grabbedhis arm? 2 A. I did grabhis arm, yes, sir. 3 Q. Okay, andwhat happenedthen? 4 A. It was at thatpoint that I said, "you need 5 to sit down onemore time," and I had turned and I had 6 wavedMr.Mollica up Agent Mollicaup, as well, and the 7 three of us ... Agent Mollica, andmyself andMr. 8 Wal1aesa went in the forward galley area. 9 Q. Okay, when you toldhim to sit down after you 10 grabbedhis arm, what didhe 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 itwas ... 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. DidMr. Wallaesa go with you? 25 A. Yes. 

# COURT/aePORTING**Vilcl~g,.aphg ~tigaticn** **T~thnolcgy** ·mBRIANWALLAESA, IN THE MATTER OF 05/22/2012.CCR#16832-1 82 1 Q. When did you summon Agent Mollica? 2 A. Shortly after I encounteredMr. 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 crewmembers 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, AgentBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-l 83 1 Mollica, andWendyMoorman. 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 toprotect the cockpit. And, the area of the front 9 galley area is considered, it was calleda 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 wouldbe 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 theplane. 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 thatBRIANWALLAESA, IN THE MATTEROF 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 bulkheadwall 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 saidthe same 12 thing, "you need to sit down," And it was reiterated 13 again byAgent 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

... askingMr. 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 withme andwe can talk about this." Things of 24 that nature. And, he didmention, "you need to do what 25 these flight attendants are telling you to do. TheyBRIANWALLAESA, INTHEMATTEROF 05/22/2012 CCR#16832-1 85 1 have toldyou 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 didMr. 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 thinkhe was 11 understanding the words, I just didn't thinkhe**~anted** 12 to comply. He seemed agitated almost to the point that 13 he wasn't gettingwhat he wanted. 14 Q. Okay, after he toldAgent Mollica and told 15 you andMs. 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 20 down forcibly

. . . andmake 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. Didhe say that?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#l6832-l 86 

### 1 A. 

### Yes. 2 Q. Then what happened? 3 A. 

### It was at thatpoint that AgentMollica 4 turnedhim around, put handcuffs on him. Wendy

... 5 just, I believeWendymade the call to the Captain at 6 that point to let him know what was going on,.andthen 7 she proceededto rearrange passengers so that we could 8 Mr. Wallaesa withAgent Mollica in Row 3. 9 

### Q. Who did she rearrange? 10 A. 

### At least two passengers ... well, three, 11 another passenger in theback, because at the same time 12 she was movingMs. 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 throughMr. 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, afterAgent Mollica hadMr. 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 tomove now." Agent 25 Mollica said, "okay, well, we are going to go sitBRIANWALLAESA, IN THE MATTEROF 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 inunison said, "No, you can't 4 do that, we are just going to go sit down." 5 Q. Didhe tell you what he wanted to say? 6 

### A. No, he just saidhe 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 startedyelling, "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 couldhear? 19 A. I would sayprobablyhalf of the plane. 20 Q. Did the passengers notice? 21 A. Oh, yes 

## ... well, the minute we hadhimup 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 toldhim to be quiet, and thatBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 88 1 theywere just going to go sit down. He proceeded 2 towards the Row 3. 

### 3 Q. DidMr. Wallaesa complywith that 4 instruction? 5 A. He startedwalking, andwhen they got to Row 6 3, he kind ofbuckedback towards Agent Mollica, and it 7 was at that point that Agent Mollica laidhim down into 8 the row of seats. 9 

### Q. When you say, "buckedback," can you describe 10 that for me. 11 A. Well, he was cuffed from behind, so he was 12 leaningback 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 laidhim down into the row of seats in Row 3, 18 and he liftedhimup and slidhim over by the window, 19 and then sat next to him, and they buckled him, Mr. 20 Wallaesa andbuckledhimself up. 21 Q. Were there any other events concerningMr. 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 youpulledup to the gate?BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 89 1 

### A. Well, when we arrivedwe 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 happenedbefore 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 itpeacefully, so no one gets hurt or 21 offended, or you know, in anyway 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 involvedto comply with what we need themBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#l6832-1 90 1 to complywith. 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 trainedto 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 theyboard or throughout the 14 flight? 15 A. Well, obviously intoxication, if they are 16 beingunruly, if they are being rude, if they arebeing 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 constantlywatching 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?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 91 1 

### A. Well, they canhurt themselves, they can hurt 2 otherpeople 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 wouldhaving passengers up 9 while the seatbelt sign is on interfere with that? 10 A. That wouldbe 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 ifwe had to if we had a 13 bunch ofpeople 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 anypoint that you interactedwithMr. 17 Wallaesa, didhe state that he was on medication? 18 A. No. 19 Q. Didhe state that he neededmedical 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:BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 92 1 Q. I askedMs. Moorman previously, and I am 2 going to ask you the same question, have you everbeen 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 informedus ... without 17 getting into specifics, she told the crew that she was 18 allergic to certainperfumes and colognes, and she 19 needed to make sure she wasn't seatednear anyone that 20 had a lot of colognes on. So, she moved several times 21 during the flight. The lavatorywas sprayedwith a 22 certain deodorizer and that affectedher, 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.BRIANWALLAESA, IN THE MATTEROF 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 itprobably 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. Itmeans he was hearingwhat we were saying, 16 but just didn't want to complybecause he wasn't 17 focusing on what we were tellinghim, 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 lavatoryon a plane, would 24 itbe advisable to leave them in their seat, or would 25 itbe necessary to get them to the lavatory as soon asBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 94 1 possible? 2 A. Obviously, it wouldbe necessary to get them 3 to the lavatory if they

... if itwas 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 thatperson to 13 the lavatory, even though it 14 A. If they were in need ofmedical attention, 15 yes, I would. 16 Q. All right. Now, when you stated, "Mr. 17 Wallaesabuckedbackwards as he was moving to Row 3 18 with the Special Agent Mollica," approximately how high 19 are the overheadbins 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 thebottom 24 of the overheadbin, what is the height approximate? 25 A. Well, I am about 6'1", and I have to bendBRIANWALLAESA, IN THE MATTEROF 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 standup for a second. 6 A. Okay. 7 Q. How would you estimatemy 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 wouldestimate that 11 the overheadbin 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 littlebit 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 sayjust looking at you. 23 Q.

. . . so let's just keep the situation of how 24 we are describing the area of theplane

... 25 

### THE COURT: Mr. Wallaesa is holding hisBRIANWALLAESA, IN THE MATTEROF 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 letme talk, and then 5 you talk. It is not going to show on the recordunless 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 topull 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 ofmy height would have to duck 25 to get underneath the

...BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#l6832-l 97 1 

### A. I would say there wouldbe a certain amount 2 of ducking involved, yes, you wouldn't be able to walk 3 with your head heldhigh straight into the row of 4 seats, that is correct. 5 Q. Okay. So, when was your first interaction 6 withMr. Wallaesa on the flight? 7 A. When Wendybrought himto the back of the 8 plane to discuss that he shouldn't be talking toMs. 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 saidhe used the rear 16 lavatory, and satback down and got backup 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, itwas definitelybefore we were called 24 to sit down. So, maybe three hours in or so. 25 Q. So, by that time, the Captain had not calledBRIANWALLAESA, IN THE MATTEROF 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 itwas 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 approximatelywhen? 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 ledback to his seat 25 withAgent Mollica, were there any people towards theBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-l 99 1 back of the plane? Couldyou 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 askedMr. 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 anypoint in time in your dealings with 18 Mr. Wallaesa, didhe threaten you, your physical 19 person, or threaten to do anything to the plane? 20 A. No. 21 Q. Didhe threaten any of the other flight 22 attendants that you know of? 23 A. I wasn't witness to any of that ifhe did. 24 Q. Okay. I am done. That is it. 25 

### THE COURT: Redirect?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 100 1 

### REDIRECT EXAMINATION 2 

### BYMR. STUART: 3 Q. Mr. Dumond, were there any other passengers 4 on the flight who refused to sit down if theywere 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 himbeing 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 heBRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 101 1 was upset, but I wouldn't sayhe 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 didhe move up the 5 aisle? 6 

### A. Pretty rapidly. I mean it tookme 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 fromme, and it tookme until he got 10 to Row 4 to catchup withhim. And, I got up 11 immediatelywhen he got up. 12 Q. And the seatbelt sign was on this entire 13 time? 14 A. Yes, itwas. 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 inLas 17 Vegas. 18 Q. The issues that you confrontedwithMr. 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 otherpassengers?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 102 

### 1 

### A. Well, it depends on the severity of the event 2 if someone isjustmaybe having getting air sick, 3 or feeling a little faint, or things like that, then 4 no, itmight justbeme. If there is a heart attack 5 victim, we have to performCPR, and then, yes, there is 6 going to be two of us, andmaybe even three depending 7 on what the situation is. We may have tomove the 8 passenger to a differentplace in the plane so we can 9 performCPR, or do some sort of FirstAid, so it 10 depends on the situation. But, there are cases when it 11 is eitherjustmyself 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 nothingbut the truth, so help you God? 21 

### THE WITNESS: I do. 22 

### THE COURT: You maybe seated. 23 (WHEREUPON, AGENT MOLLICA, havingbeen duly sworn, was 24 examined and testified as follows:) 2 5 

### DIRECT EXAMINATIONBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 103 1 BY MR. STUART: 2 Q. Goodmorning, AgentMollica. 3 

### A. Goodmorning. 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 employedby the FBI. I am 9 currently stationed in the Las Vegas Field Office. 10 Q. Okay, how longhave 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 PublicAccountant? 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 FieldOffice, and I was going

... 22 traveling to Las Vegas that day. 23 Q. Excuse me, letme ask you, what are some of 24 your duties as an FBI Agent? 25 A. Currently, and during the time of the event,BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 104 1 working violent crimematters 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 2009? 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 considermyself on duty. When I get to the 25 airport, I check in. I let them know that I will beBRIANWALLAESA, INTHE MATTEROF 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 hadmy 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-inchbaton 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 usuallypre-board. 17 I go up, I introducemyself 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 specificallyto provide security on this 24 flight? 25 

### THE WITNESS: That is correct, yes.BRIANWALLAESA, IN THE MATTEROF 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 wouldbe 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. BrianWallaesa. 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?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 107 1 

### A. It looked like itwas 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 somebodywould 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 summonedby the flight attendants to 11 assist? 12 A. Yes, after theywere in the middle there, 13 tellingBrian to go back to his seat, theybrought him 14 to the front of the plane, and then they were talking 15 to him, I was kind of keepingmy eye on things. And, I 16 saw Wendy look down andpoint to me, and she said, "We 17 need your help now." So, I immediatelyproceeded to 18 the front of theplane. 19 Q. And, what happened once you went to the front 20 of the plane? 21 

### A. I went to the front of theplane, and you 22 know, they kind of had Brian in the galley area there, 23 so I stoodbetween Brian and the flight attendants, 24 because I thought there was kind of a problem. And, 25 you know, I askedhim

... I said, "hey, what is goingBRIANWALLAESA, 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 askedhim 3 you know, ifhe knew Jamie. Andhe said, "hemet 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 hadmoved 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 askedhimwhat 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 toldhim, "he needed to listen to 19 the flight attendants and go back to his seat." 20 Q. How didhe respond? 21 A. He said, "I am not goingback until

... you 22 know, I talk to Jaime." You know, I continued to 23 question him

. . . you know, I toldhim, 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 IBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 109 

### 1 answers always continuedto 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 suggestedthat 4

... "you know, how about having clearus 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 canboth 7 

### start ourvacations." He said, "he didn't care, he 8 

### wanted to talk to Jaime. II 9 

### Q. When you toldhim this, how did you saythat? 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 escalatemy voice at all. It was just kind of 15 normal conversation, you know, he understoodwhat 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 identifiedmyself. I said, "Hi, you know, 22 I amAgent 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 toldhim

. . . 11

### I am a law 25 enforcement officer, and you know, you can do this theBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 110 1 easyway or the hardway." And I said, "the easyway 2 wouldbe you know, again, you know have them clear 3 some seats, we will sit down, you know, we will finish 4 the flight, andwe 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 didput him in handcuffs. Yes, I told 18 him to turn around. 19 Q. Didhe 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 littlebitmore ... you know, nobody likes beingput 23 in handcuffs, so ... 24 Q. What was his demeanor throughout your 25 interaction with himup to handcuffing him?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 111 1 

### A. He was focused on talking to Jaime. He had 2 wide eyes, andhe was kind of sweating a littlebit. 3 And, you know, if I had to describe it, I would sayhe 4 was ... you know, in attackmode, and you know, he was 5 readyto do something something stupid. 6 

### Q. Didyou ... didhe tell you he was on 7 medication? 8 

### A. No, he did not. 9 

### Q. Didhe tell you he neededmedical assistance? 10 A. No, he did not. 11 Q. After you hadhimhandcuffed, what happened? 12 A. After I 

### hadhimhandcuffed, I 

### asked the 13 flight attendants to clear some seats on the right hand 14 side. I wanted to put himup against the window, and I 15 would sit in themiddle 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 explainedto Brian that it wouldbe in 20 his best interest to

... you know, cooperate and you 21 know take his seat, and you know

... not cause any 22 moreproblems. You know

... because he was beinga 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 saidthat he understood and you know, he 4 complied and 

## ... you know, agreed to you know, 5 cooperate at thatpoint. 6 Q. Okay, and then what happened? 7 

### A. At thatpoint, I began escorting him to his 8 seat, andhe startedyelling, "I want to say something 9 to everybody on the plane." So, I grabbed him and I 10 pulledhimback 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 showme, 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 justbrought him 23 back I think we are a littlebit ahead here. 24 Q. Uh-huh (indicating affirmatively)

. Okay, so 25 you had him

...

-- ------------------------------BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 113 

### 1 A. So there is a conversationback at the 2 galley, and then there is the problem. 3 

### Q. Okay. 4 A. 

### Do you want to gobackto the convers ... 5 

### Q. You put the handcuffs on him. 6 

### A. Okay, I had a ... after I put the handcuffs, 7 you know, andhe 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 systemand say something. I say, "no, that is 10 not happening." Again, he is persistent, he says, "I 11 am not sittingdown until I can say something on the PA 12 system." I said, "look, that is not happening today. I 13 said, you need tobe 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 hadhim calmeddown at that point, 18 and you know, he agreed to comply again. So, again, at 19 thatpoint, we startedmaking ourway towards the seats 20 that theyhad cleared for us. 21 Q. Okay. So, at that point his hands were 22 behindhis back. Is that correct? 23 A. At that point, his hands were behindhis 2 4 back. I gotmy hand on his arm. 25 Q. And, which waywere you facing in theBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 114 

### 1 airplane? 2 

### A. We were facing towards the tail. I 

### gotmy 3 

### left arm I 

### gotmy left hand on his right arm. And 

### 4 I am escortinghim

... just, we are going down the 5 aisle way, andbefore we got to the seats, he kind of 6 buckedback, and you know, my shoulder caught himhere 7 (indicating), andmy hand caught himhere (indicating), 8 and I just kind of loweredmy center of gravity. I

... 

### 9 you know, squatteddown so he couldn't knockme 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 withmy left shoulder, andmy right hand I 

### 15 alsoput on his back to kind ofbrace him

# ... to keep 16 him steady. He continued to applypressure, andhe was 17 yelling, andhe was trying topushme backwards. 18 

### THE COURT: Yelling what? 19 

### THE WITNESS: I 

### don't know what he was 20 yelling exactlybecause I 

### was fighting with him. I 

### 21 think itwas 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 thanme, he weighs 24 more thanme. He was putting all of his pressure on 25 

### me. I 

### had to forcefully pushhim forward about two orBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 115 1 three steps, and as I was pushinghim, he stoodback 2 like this, and I was able to kind of workmy armup and 3 I gotmy 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, theywent ahead 6 andpulled 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 bracingme 9

... I was able to kind ofpush him forward and then 10 yank himdown into the seat. And I continued to apply 11 an armbar, andput 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 "buckback," 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, itmight 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 pushMr. Wallaesa into the seat

... 22 A. Yes. 23 Q.

... how concernedwere you for your own 24 safety? 25 A. You know, I was concerned for my safety, andBRIANWALLAESA, 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 scaredenough 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 kindof 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 armbar on him, I toldhim, you know, he needed to 18 cooperate. I toldhim he needed to calmdown. 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 wouldbe good. 25 Q. And, where did you seat him?BRIANWALLAESA, IN THE MATTEROF 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 twojust to continue to calm 3 down, everybody's adrenaline was still going. I know a 4 couple ofpeople hadjumpedup to assistme, but I made 5 sure ... you know, everybody, none of thepassengers or 6 anything nobody got kicked while any of this was 7 going on or anything. I sat himup, I put his glasses 8 back on, and I sat him in the window seat, and I seat 9 beltedhim 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 wouldbe meeting us 13 at the gate when we arrived. He made some unsolicited 14 statements

... like, "Take your gun out and shootme, 15 it is all over for me, pushme 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 littlebump 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 andbe 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?BRIANWALLAESA, IN THE MATTEROF 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 

### BYMR. WALLAESA: 6 Q. So when you describedMr. 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 itmedium, matter of fact? 15 

### A. I wouldn't say it wasn't raised,.but you 16 know, itwas 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.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 119 1 

### MR. WALLAESA: Thank you, sir. 2 Q. Just

... and howmuch was the widthbetween 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, wouldbe 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 leadingMr. Wallaesa back to the 21 seat, Mr. Wallaesa was in front of you and you were 22 basicallydirectlybehindhim. 23 A. That is correct. 24 Q. And, couldyou please standup ... howhigh 25 do you estimate yourself to be, your own height?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 120 1 

### A. I am about 5'6". 2 Q. So, if I standup 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", andMr. 7 Wallaesa

... Mr. Dumond had estimated about 6 feet. I 8 would say that is close to correct. That wouldbe 9 about a five to six inch discrepancy in height. 10 

### A. Yes, if you were 6 foot, then that wouldbe 11 half a foot. 12 Q. So, when you were leadingMr. Wallaesaback 13 to his seat, you couldn't see in front ofMr. Wallaesa 14

... you couldn't see what Mr. Wallaesa was seeing in 15 front of him? You couldjust 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 leadingMr. Wallaesa 21 back

... 22 

### THE COURT: He didn't say that. 23 

### THE WITNESS: I did say that. 24 

### THE COURT: No, you can'tpredicate a 25 question on facts that aren't in evidence. He saidBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 121 1 thatpeople got up possibly to help. He didn't say 2 anybody jumped 3 MR. WALLAESA: Okay, okay, I didn'tmean 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 leadinghimback to the 14 seat? Where

... when did the people get up to help? 15 A. I think they got up when you buckedback and 16 assaultedme, and they realized that it was a struggle 17 betweenme and you. 18 Q. Okay. What did these people do that got up? 19 A. Again, theyjust stoodup because I noticed a. 20 couple ofpeople standingup, and I am sure theywere 21 ready to assist, but I had the situationunder control. 22 Q. Okay, that is all I have. 23 THE COURT: Redirect? 24 MR. STUART: No Judge. 25 THE COURT: Thank you verymuch. You mayBRIANWALLAESA, IN THE MATTEROF 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 1:15p.m. 5 (WHEREUPON, a breakwas 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, havingbeen duly swornby The 18 Court, was examined and testifiedas follows:) 19 

### DIRECT EXAMINATION 20 

### BYMR. STUART: 21 

### Q. Good afternoon. 22 A. Good afternoon. 23 

### Q. Will you state your name for the record, 24 please. 25 A. WilliamDriscoll.BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 123 

### 1 Q. And, are you employedMr. Driscoll? 2 A. I am. 3 Q. Where do you work? 4 A. With the Federal AviationAdministration. 5 Q. How long have you worked for the FAA? 6 A. It willbe 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?BRIANWALLAESA, IN THE MATTEROF 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 andmulti-engine airplanes; type rating in 4 citation, andAirbus SIC type rating, andBell 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 wouldbe PIC ratings, Captain-type 10 ratings, and I am a CertifiedFlight Instructor of 11 airplanes andhelicopters. 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 UnitedAirlines for 12 19 years. 20 Q. What did you fly for them? 21 A. Boeing 737 andAirbus 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<ChnologynBRIANWALLAESA, INTHE MATTER OF 05/22/2012 CCR#16832-1 125 1 Q. And, what were you doing there? 2 A. Witnessing the deposition ofMs. 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 identifyherself

... 9 A. Yes. 10 Q.

... during that deposition? 11 A. Yes. 12 Q. Did you have the chance to confirmher 13 identity at any time onApril 30, 2012? 14 

### A. I did, I verifiedher 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 itmatch 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?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 126 1 A. 

### I was sittingbetween her andMr. Wallaesa. 

### 2 Q. So, was she on your right side or left side? 3 

### A. Shewas onmy right side, andMr. 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 identifiedBrianWallaesa as beingpresent at the 10 deposition onApril 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 beenmarked 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?BRIANWALLAESA, IN THE MATTEROF 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 Exhibit-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 accuratelydepict the deposition as 14 you attended? 15 A. Yes. 16 Q. Anddoes the transcribed

... does the 17 transcription accuratelymatch the contents on the DVD? 18 

### A. It does. 19 Q. Inspector Driscoll, you testified that you 20 flew 737's for UnitedAirlines, correct? 21 

### A. Yes. 22 Q. As an airline pilot, what are some of your 23 flight crewmember duties, say in the en route portion 24 of the flight? 25 A. In the en routeportion, we'dboth diligenceBRIANWALLAESA, IN THE MATTEROF 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 generalpilot duties that 4 would apply regardless of what airline you fly for? 5 A. Yes, they are. 6 

### Q. Didyou 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

... givenby 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'llbe testifying to. I statedthat, 24 "Inspector Driscoll is expected to testify about the 25 duties of Part 121 Commercial Flight Crew andpotentialBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 129 1 interference with those duties if a problematic 2 passenger is onboard." So, Mr. Wallaesa was on notice 3 that this witness wouldbe testifying as such. 4 

### THE COURT: Mr. Wallaesa, what I am 5 hearing is that the stipulation related onlyto 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, wouldmaking 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 aircraftposition, and a pilot not flying who handlesBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 130 1 ATC communications

... one of the two are going to have 2 an increasedworkload 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 didhear that, yes. 9 Q.

... to what extent would calls between the 10 flight crewmembers 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 Officermay alsobe listening to the 20 communications, and couldbe distracted from a radio 21 call fromAir Traffic control, or you know, justbe 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.BRIANWALLAESA, IN THE MATTEROF 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 AviationAdministration, is that correct? 5 A. Correct. 6 Q. In the duties of the Inspector, would you 7 assign a citation such as the ones citedin this case? 8 Would that bepart 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 wouldprocess 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. Andhowmany times have you experienced that? 24 A. You know, it was only a few. I don't 25 remember any ...BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 132 1 

### Q. Ahandful 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 diverteddue·to a 14 medical emergency, such as a serious condition as a 15 heart attack, would the person be citedunder 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<ChoologymBRIANWALLAESA, IN THE MATTEROF 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 stepdown. Does that conclude your case, 5 Mr. Stuart? 6 MR. STUART: 

### Yes, Judge. 7 THE COURT: 

### Okay, do youwant tomove 8 your remainingExhibits? 9 MR. STUART: 

### Yes, Your Honor, if 10 Complainant's Exhibit C1 through C3 have notbeen 11 admitted, which I think theyhave not. 12 THE COURT: 

### 1 has, but 2 and 3 have not. 13 MR. STUART: 

### Complainantmoves to admit 14 Exhibit-C2 andExhibit-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 callmyself at 20 this time. 21 THE COURT: 

### Okay, take the stand. Raise 22 your right hand. Do you solemnly swear that the 23 testimonyyou are about to give willbe the truth, the 24 whole truth, andnothingbut the truth, so help you 25 God?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 134 

### 1 MR. WALLAESA: 

### I do

. 2 (WHEREUPON, MR. WALLAESA, havingbeen duly swornby The 3 Court, was examined and testifiedas follows:) 4 DIRECT EXAMINATION 5 BY MR. WALLAESA OF MR. WALLAESA: 6 MR. WALLAESA: 

### I apologize

... I was a 7 passenger onboard Flight 8 THE COURT: 

### You are going to need to 9 speakup. 10 MR. WALLAESA: 

### I was a passenger onboard 11 the SouthwestAirlines Flight onNovember 6, 2009, I am 12 also the Respondent. I didboardtheplane. I arrived 13 at the airport at 5:30 in the morning after leavingmy 14 place of residence sometime around 2:00**~.m.** 

### that 15 morning. When I began toboard the flight, I was the 16 secondpassenger in linebehind a female passenger, 17 that is listedas Ms. Jaime Tomchik. As I approached 18 the jetway, they openedthe door for the entrance to 19 the jetway, and as that happened well, since it 20 was November, cool air hadblown in from the outside, 21 andMs. Tomchikhad commentedhow she was cold from the 22 burst of coldair. Thatbegan a conversationprior to 23 boarding. 24 I do rememberboarding theplane and 25 receiving a free complimentary alcoholicbeverage forBRIANWALLAESA, IN THE MATTEROF 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 itwas early in the flight, but I can't remember 4 exactlywhen. But still, I had conversedwithMs. 5 Tomchik

... for

... inmy belief for at least an hour, 6 ifnot 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 didnotpay. I didnot receive a receipt, and 9 whatever was given tome to redeem thatbeverage, I 10 gavebackto 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 theplane, I do not 15 remember speakingtoMs. Moorman first, I can remember 16 getting up to speak with Jaime andMs. Moorman 17 interceptedme and then tookme to the back of the 18 plane where I spoke toMs. Moorman andMr. Dumond, and 19 they satme down as they stated somewhere

... but, I 20 don't remember exactlywhat 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 statedpreviously. 24 I hadgotten up to use the lavatory 25 during that time and spoke withMr. Dumond. At someBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 136 

### 1 point in time during that conversation, he tookmy 2 driver's license andwrote down my information. I 3 spoke toMr. Dumond, and I asked to speakwithMs. 4 Moorman again. I patientlywaited in theback of the 5 plane, as I believedMs. Moormanwas going to comeback 6 and speaktome again. When the flight was roughly

... 7 I guess there was about

... I think thepilot on the 8 estimation an hour left within the flight when I got up 9 to speakwithMs. Moorman at the front of the plane. I 10 was looking for Ms. Moorman at the front of the plane. 11 And that is whenMr. Dumond, SusanMoorman andMr. 12 Mollica interactedwithme. 13 I do not remember the entiretyof the 14 interaction at the front of the plane. I do'remember 15 beinghandcuffedand sent

... broughtback to.my seat 16 withMr. Mollica. At some point in time, I

... at some 17 point in time is when we were walkingback. I don't 18 remember, I may have said something, I don't remember 19 what I said tobe honest with you. I don't believe I 20 saidexactlywhat the witnesses had testified to, but I 21 don't remember exactlywhat I said. Mr. Mollica did 22 pullme back towards the front of theplane, andwe 23 walked slowly towards my seat. When I saw somebody 2 4 jumpup . . . what I woulddescribe as "jump up" from the 25 backtowards the rear of theplane, and that is why IBRIANWALLAESA, IN THEMATTEROF 05/22/2012 CCR#16832-1 137 1 backedup, and whichMr. Mollica took as my inability 2

... as me resisting. I wasn't resisting, I just saw 3 somebodypop up from the rowbehind the seat, which I 4 was ... which of the row I was in. That was the 5 reaction that causedme some Mr. Mollica to layme on 6 the front

# ... across the row of seats in theplane. 7 After that, I didhave some conversation withMr. 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 SpecialtyEquipment 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 atBRIANWALLAESA, IN THE MATTEROF 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 onmultiple 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 andAgere Systems. 17 

### THE COURT: Would you spell that? 18 

### THE WITNESS: Lucent Technologies, L-u-c19 e-n-t Technologies, andAgere Systems Inc., A-g-e-r-e 20 Systems. 21 

### THE COURT: Okay, thank you. 22 Q. Are you still employedby those companies? 23 A. No, I am no longer employedby either 24 company. 25 Q. Okay, Your Honor, may I approach the witness?BRIANWALLAESA, IN THE MATTEROF 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 beenmarked Complainant Exhibit-C4. 14 

### THE COURT: This was marked? Did I order 15 this marked? I don't think so, whichmeans it has not 16 beenmarked. 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 20 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 ofmy 25 knowledge.BRIANWALLAESA, IN THE MATTEROF 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 withMs. 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 askedher if she was single. I did ask her 20 if she was single. 21 

### Q. Andhow 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?BRIANWALLAESA, IN THEMATTEROF 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 basicallya 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 thirdpage, Mr. Wallaesa, will 12 you look at the first line starting

... and if you 13 could read, startingwith, "The Respondent." 14 

### A. "Respondent tapped Jaime on the shoulder, she 15 removed the earpiece andRespondent askedher ifhe 16 could ask her a question. Jaime said, "yes." 17 Respondent said that "he was going to use a line and 18 that it wouldbe corny." Jaime stated, "go ahead" to 19 the Respondent. Respondent stated, "Please allowme 20 the pleasure of holding somethingbeautiful today." 21 Jaime then gave a facial expression to the Respondent 22 that indicated flattery, gave him a verbal response, 23 stoodup 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** 'DEBRIANWALLAESA, IN THE MATTEROF 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 heardthe testimony about 8 the conversationwithMr. Mollica in the front of the 9 plane. 10 MR. WALLAESA: 

### Yes, I did. 11 THE COURT: 

### And, didyou saythat you 12 wouldn't sit until you talkedwithMs. Tomchik? 13 MR. WALLAESA: 

### I don't remember if that 14 is what I saidor I didn't say. I didn't say I 

### 15 don'tbelieve 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 speakwithher." 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 somepoint 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 "FastenBRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 143 1 Seatbelt" sign is? 2 MR. WALLAESA: Yes, I do. 

### 3 

### THE COURT: And you know what itmeans? 

### 4 MR. WALLAESA: Yes, I do. 

### 5 

### THE COURT: What does itmean? 6 MR. WALLAESA: Itmeans, I must be seated 7 withmy 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 haveproceeded 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 saidyou 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 toMs. 24 Moorman. 25 

### THE COURT: Do you understandwho is inBRIANWALLAESA, IN THE MATTEROF 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 hadmentioned 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 raisedbefore 25 now. 

# COURT..(e'ePORTING VddiEogr.aphg

# ~tlgation**T~ch:nology** 'I'llBRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 145 1 

### THE COURT: 

### Well, I will overrule that 2 for the moment. We will see whatMr. Wallaesa has to 3 say. Well, whatmedical emergency are you talking 4 about, Mr. Wallaesa? 5 MR. WALLAESA: 

### I hadtakenmedication 6 that I was prescribed for anxietyanddepressionprior 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, andhow longhave 13 you been taking that? Are you still taking it? 14 MR. WALLAESA: 

### No, I am not. 15 THE COURT: 

### And, how longdidyou take 16 it? 17 MR. WALLAESA: 

### Roughly, a year. 18 THE COURT: 

### How longbefore this event 19 had you taken it? 20 MR. WALLAESA: 

### Roughly, a year and a 21 half. There was othermedicationprior to that one. 22 THE COURT: 

### Okay, now you saidthat you 23 took it for a year, andnow you and you also said 24 that you took it for a year and a·halfbefore this 25 event, soBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 146 1 

### MR. WALLAESA: Ayear for that particular 2 medication, a year and a half for medication then

# ... 3 

### THE COURT: How longbefore this event 4 had you been taking thatmedication? 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 ofmedical 13 emergency are you suggesting you had? 14 

### MR. WALLAESA: I was in a panic, andmy 15 discussion with Jaime was allowing me tobe 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 hadwith 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 shemoved 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 speakwith you." At that point, I did not pursue herBRIANWALLAESA, IN THE MATTEROF 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 abidedby the

... I 

### 5 abidedby the 

## ... bywhat Mr. Dumond andMs. Moorman 6 toldme to do on the plane. When theymovedme 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 itherself, she sat me down and 10 thenmoved to the front of the plane immediately. And 11 then I askedMr. 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 speakwith 

# COURT.1liePORTING VldEOgraphy

# e~igollicllTe<Mology•BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 148 

### 1 her? 2 

### MR. WALLAESA: Yes, I neededto speak 3 withher. 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 situationwhere I neededto speak to somebody, and she 8 is the person I needed to speak to. Inmy thought 9 process is the equivalent ofhaving a medical 10 emergency, and if she wouldhave sat down with me for a 11 few minutes andjust 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, everythingwouldhave 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 toMr. 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 RowBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 149 

### 1 3 withMr. Mollica in handcuffs, I did state those 2 things. 3 

### THE COURT: And you said, "Throwme off 4 

### the plane." 5 

### MR. WALLAESA: Something like that. 6 

### THE COURT: "My life is over." 7 

### MR. WALLAESA: Prettymuch. 8 

### THE COURT: And why was that? 9 

### MR. WALLAESA: I have never been in 10 trouble with the lawprior 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 ofmultiple 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 withmy neighbor, 22 consistently tows my vehicle, andbroke

... actually 23 broke down my front door to my house. I was acquitted 24 of disorderly conduct when I protestedhim towingmy 25 car out of this parking space.BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 150 1 

### THE COURT: He was towing your car out of 2 yourparking 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 inspectedproperly, or itwasn't 8 parkedproperly, or it was a whole bunch of different 9 reasons that he kept on towingmy vehicle for

... none 10 of them I don't think were legit. This one I believe 11 wasn't legitimate, so I stoodbetween 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: Didyou do that? 3 

### MR. WALLAESA: Yes, I did. 4 

### THE COURT: Didyou 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 thatproceeding? 10 

### MR. WALLAESA: No, the incident was 11 clearedwithmy 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 alreadypreviously

... 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 ofmy 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 orApril 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'tBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 152 

### 1 showup for itbecause I didn't think itwas I 2 thought I hadalready took it. I thought I already 3 completedthat 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: 

### Theygaveme the report, 10 but I don't remember. They gaveme the results of the 11 report, but I don't have it anymore. 12 THE COURT: 

### Okay, and you were on 13 medication for a year and a halfbefore 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, andwith the part of 21 the conditions of the probation for the criminal trial, 22 I was to seek counseling twice weeklyuntil roughly for 23 eight or ninemonths. 24 THE COURT: 

### And, you do that? 25 MR. WALLAESA: 

### Yes, I did.BRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 153 1 

### THE COURT: And, you ... consulted your 2 doctor who prescribed this medicationbefore you went 3 off of it, is that correct? 

### 4 MR. WALLAESA: He was no longermy doctor 5 at that point. I had switched employers, andmy Cobra 6 . . . the after employment insurance ran out, so I 7 couldn't see that doctor anymore. 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, theybelieved that 15 the counseling wouldbe better than the medication. 16 

### THE COURT: I see. Okay, and you said 17 you aren't takingmedication 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 happenedhere, Mr. Wallaesa, because according toBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 154 

### 1 testimony of a number of witnesses, youbehaved in a 2 way that was clearlycontrary to the Regulations and 3 certain activities on an aircraft. Andwe have 4 exploredthis at some length, andwanted to get some 5 idea of why you thought what you didwas 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 offeredthis 23 information, that I would notbe able tobe employed in 24 my current field. I can offer what I have. I didn't 25 bring

... I didn't even think tobring the report tobeBRIANWALLAESA, INTHE MATTEROF 05/22/2012 CCR#16832-1 155 

### 1 honest with you. It is my beliefthat I didhave a 2 medical condition, and that if

... if itwas at the 3 pointwhere theywere taking

... they tookme to the 4 rear of theplane, if theywouldhavejust sat withme 5 for a fewminutes andtalked it over, I thinkthat 6 things wouldhave resultedmuch differently. 7 THE COURT: 

### Anything further? 8 MR. STUART: 

### No, Judge. 9 

### THE COURT: 

### Okay. Thank you verymuch, 10 Mr. Wallaesa, you can step down. 11 THE COURT: 

### Okay, I am going to find that 12 a written decision is reasonable andnecessary, and ask 13 you folks to submit briefs, and inparticular, I would 14 like you to lend some clarityto the questions about 15 the penalty

... about which we have spoken in thepast. 16 What you have done is to create a recordwhere there is 17 an allegation of interference. I would suggest that 18 you address yourbrief to the question of what 19 establishes interference. I don't know

... are you 20 alleging any of the otherparts of that section, or 21 only interference? 22 MR. STUART: 

### Onlyinterference, 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 theBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 156 

### 1 proposedlevel ofpenalty. 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, yourpositionwouldbe that 5 there isNo Penalty. That is the State of the Record 6 as it sits, because you have toldme that your penalty 7 level is basedentirely on the violation relating to 8 Interference. 9 MR. STUART: 

### Right. 10 THE COURT: 

### And so I will

... I will 11 await what yourbrief says on that subject, but we have 12 discussedthis before, and I must say I have not gotten 13 much clarity in terms ofexplaining 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 didnot assert thathe failed 17 to fasten his seatbelt. It is onlyby dint of a post18 filing Amendment in one of the Pre-Hearing conferences 19 that we added that as a ... as an assumedNotification 20 within the context of the Complaint since itwas said 21 that he didnot sitwhen he was directedto

.. But, the 22 Complaint is not a model of clarity, and inparticular, 23 the only allegations in the Complaintwith respect to 24 interference, is that he failed to follow an 25 instruction to sit several times. That is your onlyBRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 157 

### 1 case. All of this other stuff about interactionwith 2 Mr. Mollica, andcommunications withMs. Tomchik are 3 not directly relevant to that allegation. They are in 4 the record, but I wouldurge 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'dbest 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 shouldhave Responsive Briefs instead ofboth 14 briefing at the same time in this case. 15 (WHEREUPON, an off the recorddiscussion was held.) 16 THE COURT: 

### On the record, Mr. Stuart, 17 did you want tomove Exhibit-C4 into evidence? 18 MR. STUART: 

### Yes, Your Honor. 19 THE COURT: 

### We have got

... Mr. Wallaesa, 20 we have identifiedan 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?BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 158 1 

### MR. WALLAESA: 

### Yes, sir. 2 

### THE COURT: 

### Okay, so I will grantbothof 3 thoseMotions

. We will put C4 into evidence. We will 4 put R1 into evidence, okay? Those are admitted. 5 

### THE COURT: 

### And thenwe will establish a 6 Briefing Schedulewith the Government FilingJuly 6, 7 andMr. Wallaesa's response willbe due

... and these 8 are delivery dates, gentleman, and I shouldadd that 9 deliverytome now is more complicatedthan itused to 10 be. Since we are no longer in the main building, we 11 are in 55MStreet, and you cannotmake a delivery to 12 55 MStreet. Thatmeans that you have to get it to the 13 Mail Center in the Main Buildingin time for themto 14 get it up tome at 55 MStreet. Thatmakes your task 15 somewhat trickier

... but, the direction is to get it 16 inmy hands by this date. Okay? All right, and then 17 your Response toMr. Wallaesa's submission will be due 18 August 10, 2012. 19 I should also suggest that you direct 20 substantial attention towhat we will call "Precedents" 21 with respect to Penalty level, and suggest that in 22 examining Penalty level precedents, you bear inmind 23 not this full panaplayof 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 mBRIANWALLAESA, IN THE MATTEROF 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.) 25BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 161 

### CERTIFICATE OF REPORTER 1 

### COMMONWEALTH OF VIRGINIAAT LARGE: 2 3 

### I herebycertifythat I am a NotaryPublic for

4 

### the State ofVirginia at Large, andhereby certify 5 

### that the foregoing constitutes a true and accurate 6 

### transcript to the best of their ability. 7 8 

### Further, this is to certifythat I amnot an 9 

### employee of nor related to anyof the parties, and I 10 have no financial interest inthe outcome of this 11 

### matter. 12 13 14 

### 15 16 17 

### JACOB MACE COURT REPORTER / NOTARY 18 

### NOTARY REGISTRATION NUMBER: 7508361 19 

### My CommissionExpires: September 30, 2015 20 21 22 

### 23 24 

### 25BRIANWALLAESA, 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 andplace set out on the title page hereof. 5 6 It was requested that the Hearingbe 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 25BRIANWALLAESA, IN THE MATTEROF 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

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### 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

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### 44:23 44:23 71:24 80:13 81:21 95:2 101:10 45 

### 59:14 60:14 65:13 69:19 97:12 135:23 147:125 

### 5 42:5 42:5 42:6 42:14 44:23

-----------------------------------------------------BRIANWALLAESA, IN THE MATTEROF 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

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### 124:15

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### 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 75:14BRIANWALLAESA, 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 50:10BRIANWALLAESA, IN THE MATTEROF 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 : 2BRIANWALLAESA, 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

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### 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 

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### 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 66:18BRIANWALLAESA, IN THE MATTEROF 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 

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### backed 137:1 background 130:17 backwards 94:17 114:17 bag26:11 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 behind48:19 

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### 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 57:12 153:15BRIANWALLAESA, IN THE MATTEROF 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 

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# Vid~:ogr.aphy**~tlga!ticn**Tii:ch:l'lofcgy·mbuck 

### 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.



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### 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 91:6BRIANWALLAESA, IN THE MATTEROF 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 cleared49:17 49:21 49:23BRIANWALLAESA, IN THE MATTEROF 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 complied28:14 112:4 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 56:16BRIANWALLAESA, IN THE MATTEROF 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 continued24:8 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 counselorBRIANWALLAESA, IN THE MATTEROF 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 27:4 120:22 120:24 149:19 150:1BRIANWALLAESA, IN THE MATTEROF 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

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### 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

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### 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 

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### 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 

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### 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 91:24BRIANWALLAESA, IN THE MATTEROF 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

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### 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 41:3BRIANWALLAESA, INTHE 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 65:4BRIANWALLAESA, IN THE MATTEROF 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 64:2BRIANWALLAESA, 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 

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### 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 

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### 89:20 getting 

### 34:11 47:23 55:20 55:23 56:1 85:13 92:17 98:20 102:2 135:16 girl 

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### 15:19 68:10 102:20 122:14 

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### 133:25 gotten 

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### 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 

### 48:17BRIANWALLAESA, INTHE MATTEROF 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 heard58:23 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 68:10 102:20 107:17L BRIANWALLAESA, IN THE MATTEROF 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 Hopefully24:2 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

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### 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 intercom41:2 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

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### Jaime 7:8 8:16 13:20 13:22BRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 184 

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### 103:6 Jamie 

### 108:3 jet

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### 83:10 149:13 159:15 John 

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### 45:18 joking 

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### 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 

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### 34:1 35:22 35:24 73:4 73:15 73:16BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 185 

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### 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 noticed40:23 106:9 106:11 106:15 121:19 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 154:7 154:21 154:22BRIANWALLAESA, IN THE MATTEROF 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 76:17 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 opened51:2 okay5:10 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** mBRIANWALLAESA, IN THE MATTER OF 05/22/2012 CCR#16832-1 190 

### 139:14 ordered 

### 126:11 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 75:25 79:·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 

### 71:17BRIANWALLAESA, 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 79:25 121:14 121:18 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 99:2BRIANWALLAESA, 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 69:14 125:3BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 193 

### 126:9 128:17 presentation 14:11 presented22:3 30:23 158:24 presenting5:17 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 problem30:11 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 proffered7:19 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 provided21:8 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 78:25 114:24Q 

### 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 80:5 101:4BRIANWALLAESA, IN THE MATTEROF 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 recognized40:23 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 58:19BRIANWALLAESA, IN THE MATTEROF 05/22/2012 CCR#16832-1 195 

### references 72:6 72:6 72:15 119:12 referred 31:3 referring 52:14 119:9 refused42:20 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 repeated27:16 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 9:20 12:19 required 5:15 151:17 requirement 143:10 rescheduled 151:12 re-seat 39:10 39:25 40:2 74:13 re-seated59:15 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 85:3 106:6BRIANWALLAESA, 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 108:18BRIANWALLAESA, IN THE MATTEROF 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 8:10 122:16 135:13 screaming 118:8 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 ·mBRIANWALLAESA, IN THE MATTEROF 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 27:3BRIANWALLAESA, IN THE MATTEROF 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 98:24BRIANWALLAESA, IN THE MATTEROF 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 

### 32:12BRIANWALLAESA, 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 stopped42:4 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 stuff71:9 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 supply26:15 supports 156:15 supposed 40:16BRIANWALLAESA, 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 surprised24:5 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 62:12 132:1BRIANWALLAESA, IN THE MATTEROF 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 toward72:7 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 97:18BRIANWALLAESA, 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 75:14 108:9 112:21 112:24BRIANWALLAESA, 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 8:19BRIANWALLAESA, IN THE MATTEROF 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 49:1 119:10 119:20 149:20 150:3BRIANWALLAESA, IN THE MATTEROF 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 waved43:20 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 67:11BRIANWALLAESA, IN THE MATTEROF 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'**·~)**Inthematterof: FederalAviation Administration,



### v. BRlANWALLAESA 

### BRIANA W ALLAESA ) ) ) ) ) ) Complainant ) ) ) ) ) ) ) Respondent. ) FDMSNo.FAA-2010-0628 CaseNo.2010WP190018 Hon.RonnieA.Yoder

TestimonyofRespondent RespondentrespectfullysubmitstothisCourttheRespondent'stestimonyofthe

occurrencesprecedingtoandoccurringonNovember6,2009.

TheRespondentpurchaseda'BusinessSelect'ticketforSouthwestAirlinesflight #3049toLasVegas,Nevada.On11/06/2009theRespondentreportedatthegateforthe flightwhenthe'BusinessSelect'groupwasrequestedtoboard.Theonlyother'Business Select'passengerinlinefortheflightwasafemalepassengerwholateridentifiedherself

as"Jamie"totheRespondent.Whileinlinewaitingtoboardtheplane,thefemale passengerbeganaconversationwiththeRespondent.Itwasatthistimethatthe SouthwestCrewofferedaticketforonefreebeveragetotheRespondent.The conversationmainlyconsistedofgeneralpleasantries. TheRespondentboardedtheplanewhencalledandfoundthatthefemale passengerwasseatedoneseatfromtheRespondent'sseat.TheRespondentrequesteda

County

### ~ --

### ~hibit#L!{_ COURT.:i,..BEPORTERS.•nc.**~** Vldeographu · UHgaUonTechnology Date .AAAI'.:: case \loi(3fl-\**Reporter~** Deponent Hudn**~**

800.262.8777 540.667.6562FI 

### 1/3passengerswitchseatstocontinuetheconversationinitiatedatthegatepriortoboarding theaircraft.TheRespondentbegantoconversewith"Jamie"(thefemalepassenger)with thefemalepassengerreturningtheconversation.Aftertheflightwasintheairthe Respondentandthefemalepassengerbegantodiscussvariousitems.Atapproximately 30minutesintotheflight,thecrewinitiatedbeverageservice.TheRespondentordered andproceededtodrinkan'IrishCoffee.'Thefemalepassengeridentifiedherselfas "Jamie",andthatshelivedaroundBaltimorewithherfamily."Jamie"statedshehada sisterwhohadchildren,andthatherparentswere'oldfashioned'innature."Jamie" statedherfamilydidscreenprintingforadvertisementsandthattheirmajorclientwasthe companyUnderArmor."Jamie"alsostatedshetrainedhorses,andsometimesdogs,for shows."Jamie"statedshewastravellingnottoLasVegas,buttoCalifornia.The Respondentshareddetailsofhisfamilybackgroundwiththefemalepassenger.Atsome pointintheconversationtheRespondentasked"Jamie"ifshewassingle,and"Jamie" statedthatshe'hadaboyfriend'.TheRespondentaskedforhowlong,and"Jamie"had statedthattheyweredatingforseven(7)years.TheRespondentrepliedthather "boyfriendwasanidiot"andthat"herboyfriendshouldhaveaskedhertomarryherby now."Theconversationcontinuedfor15orsomiimteslater. "Jamie"leftherseatand usedtheforwardlavatoryontheplane,leavinganeckpillowandanotheritemonher

seat.TheRespondentpickeduptheitemsfromtheseatandhandedthemto"Jamie"as shesatdown.Approximately15minuteslatertheRespondentlefthisseattousethe forwardlavatory.Afterreturning,"Jamie"hadstatedshewasgoingtoreadabook. "Jamie"hadpulledoutaneditionofHarryPotter,towhichtherespondentandJamiehad

aconversationoverthebookanditssubjectmatter.Anunknownamountoftiniehad passedwithnoconversation.Atsomepoint"Jamie"hadbeguntolistentomusic.An



### 2/3unknownamountoftimehadpassed.TheRespondenttapped"Jamie"ontheshoulder, sheremovedherearpiece,andtheRespondedaskedifhecould askheraquestion. "Jamie"saidyes,theRespondedstatedthathewasgoingto"usealine"andthatit "couldbecorny"."Jamie"stated"GoAhead"totheRespondent.TheRespondentstated "Pleaseallowmethepleasureofholdingsomethingbeautifultoday.""Jamie"hadgiven

afacialexpressiontotheRespondentthatindicatedflattery,gavenoverbalresponse, stoodupandwalkedawayfromherseat.TheRespondentremainedinhisseatforsome time,andrequestedtheflightattendantsfortheirassistancetospeakwith"Jamie"again. Sometimelater,theRespondentwalkedtothefrontofthecabintospeakwiththeflight attendants,theflightattendantscalledagentlemanovertospeakwiththeRespondent. TheRespondentaskedforthegentleman'sassistance,towhichtheRespondentreceived

noanswer.TheRespondentwalkedtoreturntothecabin,whenthegentlemangrabbed theRespondent'sarmandplacedahandcuffaroundoneoftheRespondent'swrists.The respondentrequestedtheassistanceofthepassengersonboardtheplane.Thegentleman thenproceededtocufftheRespondent'swristsbehindhisback,throwingtheRespondent facedownacrossarowofseatsinthefrontoftheplane.TheRespondentdidnotgive anystruggletothegentleman,lateridentifiedasanoff-dutyFBIAgent.

DatedNovember15,2010



### 3/3 RespectfullySubmitted,

BrianA.Wallaesa Respondent 11272WorthamCrestCircle Manassas,VA20109 (570)778-13351 2 RECEIPTOFDISCOVERY

3 Theundersignedherebyacknowledgesreceiptofthebelow-listeditemsofdiscovery 4 inthecaseofUnitedStatesof AmericaVWallaesa,2:09-cr-0492-ECR-LRL. 5 Batesstampeddiscoverypages#000064-000065. 6 DATEDthis

__dayofDecember,2010. 7 8 9 10 11 completed/sent:December14,2010. RichardBoulware RachelKorenblat CounselforDefendant Wallaesa

PleasesignandreturntotheU.S.Attorney'sOffice,333LasVegasBlvd.S.,Suite5000,Las 12 Vegas,

.

### ~ .. EXhibit# "' COURT.**~EPORTERS.tnc.** Date 

### S•Z1•Jt. Vldeogrephv •UttgatlonTechnology yt\A**~** Case \

### y

### i**~**2.,.I Reporter Deponent**\:\eo.r~n9**

800.262.8777 540,667.6562FAX#



### 000064v . •



## 000065U.S.Department ofTransportation FederalAviation Administration AOOl. IssuanceandApplicability OperationsSpeeifications

. .. -::

..i·,.**e:jt!~t**._; . HQControl: 'HQRevision: 05/09/03 02c

a. Theseoperationsspecifications**~e**.is.suedtoSouthwestAirlines·Co.,whoseprincipalbaseofoperation

·islocatedat: · · PrimaryBusinessAddress: 2702LoveFieldDrive Dallas,TX75235-1611 MailingAddress: P.O.Box36611 Dallas,TX75235-1611 TheholderoftheseoperationsspecificationsistheholderofOperatingCertificateNumber SW AA304Aandshallhereafterbereferredtoasthecertificateholder.Thecertificateholderis authorizedtoconduct: Domestic operationsin Common ··carriagepursuantto 119.2l(a)(l)- Domestic andprovided,atalltimes,the certificateholderhasappropriate writteneconomicauthorityissuedby theDepartmentofTransportation. ·Title14Codeof FederalRegulations (CPR)Section Supplemental operationsin Common Passenger. carriagepursuantto Title·14Codeof FederalRegulations 119.2l(a)(3)- Supplemental andprovided,atalltimes,the certificateholderhasappropriate writteneconomicauthorityissuedby theDepartmentofTransportation.

b.

c. ·(CPR)Section '·**\p~:** . ' ,,. :**~** Thecertificateholdershallconductthesekindsofoperationsinaccordancewiththespecific authorizations,limitations,aridproced{ii-es'in'

## these'**opeflition~ \~p"e~!~ca'tiop.s** andallappropriateParts oftheCFR. · : .. J, ·

. . . .' .! Theseoperations

### specificatio~

## ar6**~ffebti~e: ~of** the

# ''Da'te**Apiu;ov~**iseffective"listedineach paragraphand.shallremainiit**eff~tMfong**'a:S'iheeertificateJ:io1dercontinuestomeettherequirements ofPart119asspecifiedforcertification. Thecertificateholderisauthorizedto'useonlythe**busin~ss**namewhichappearsonthecertificateto conducttheoperationsdescribedinsubparagrapha.

d. Thecertificateholderisauthorizcllw:eonduct**fli~ts und~r** r<f

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CertificateStatus Active CertificateIssueDate 23-Jan-1979 CertificateStatusDate 30-Jan-1989 LastDOUpdate 4-May-2012

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## -------------------------------x IN RE: BRIAN WALLAESA FAA Docket No. CP10WP0010 (Civil PenaltyAction} 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 examinationby counsel for the Federal AviationAdministration, pursuant to notice and agreement as to1

time andplace, at Free State Reporting, Incorporated, 1362 Cape St. Claire Road, Annapolis, Maryland, before Timothy J. Atkinson, Jr., a Notary Public for the State ofMaryland, where**~rere** N 

### "' "' "' ..: 

### "' "' d**~** present onbehalf of the respectiveparties:

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. FederalAviationAdministration Office of the Chief Counsel, AGC-300 800 IndependenceAvenue, S.W. Room 912B Washington, D.C. 20591 202-267-9958 On Behalf of the Respondent: BRIAN WALLAESA (Pro se) 11272 WorthamCrest Circle Manassas; V,irginia 20109 570-778-1335 Also Present: Mr. William Driscoll FAAAviation Safety Inspector

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947 

### 2

### Witness JaimeL. Tomchik

ExhibitNo. (None.) I N D E X ExaminationBy Mr. Stuart

- Direct Mr. Wallaesa

- Cross

E X H I B I TS 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 R0 CE E D I N GS 2 

### (2:10p.m.) 3 

### VIDEOGRAPHER: Good afternoon. This is thevideo 4 deposition of JaimeL. Tomchiktakenby counsel for the Plaintiff, 5 inthematter ofBrianWallaesa, inthe Department of 6 Transportation administrativehearing CaseNumber/FAA Docket 7 NumberCP10WP0010, heldinthe offices of Free StateReporting, 

### 8 Incorporated, at 1632 [sic] Cape St. Claire Road, Annapolis, 9 Maryland21409, on this date, April 30th, 2012, at the time 10 indicatedonthe video screen, 1411p.m. My name is EllenHebert. 11 I am the video specialist. The court reporter today isTim 12 Atkinson from Free StateReporting, Incorporated. Counsel will 13 now introduce themselves. 14 MR. STUART: My name is John Stuart, and I am the 15 attorneyrepresentingthe FederalAviationAdministration. Inthe 16 left ofthe camera frame is Jaime Tomchik. Present and seated 17 besideMs. Tomchik is FAA InspectorWilliamDriscoll. Let the 18 recordreflect thatMr. Wallaesa ispresent inthe room. He is 19 the Respondent. And 20 Mr. Wallaesawill have anopportunityto cross-examine 21 Ms. Tomchikafter I finishmy direct examination. 22 

### VIDEOGRAPHER: Will the court reporterplease swear in 23 thewitness? 24 (Whereupon, 25 JAIME L. TOMCHIK

FREE STATE REPORTING, INC. CourtReporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-09475

1 was called as a witness, andhavingbeen first duly sworn, was 2 examined andtestified as follows:) 3 DIRECT EXAMINATION 4 BY MR. STUART: 5 Q. Will youplease 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. Andhow longhave you livedthere? 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 BrianWallaesa? 14 A. Yes. 15 Q. Are you aware that the hearing is scheduled for May 16 22nd, 2012? 17 A. Yes. 18 Q. Andwill yoube able to attend that hearing? 19 A. No, I will not. 20 Q. Why not? 21 A. I will be out of town, vacation, visitingmy 22 grandparents in Florida. 23 Q. 24 

### A. 25 Q. When are you leaving? On the 16thofMay. Andwhen will yoube 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 ofMay. 

### 2 Q. How are you traveling to Florida? 3 

### A. I'm flying down and then I'mdrivingbackwithmy 4 grandparents to help thembecause 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. Youmentioned that you're picking your grandparents up. 13 

### A. Urn-hum. 

### 14 Q. Do theyhave any health issues? 15 A. My grandmother, she has a pacemaker andthen two knee 16 replacements, so she doesn't really like to drive the highway that 17 much, andmy grandfather has a littlebit of a lead foot and he's 18 getting older, andwe kind of like to supervise himdrivingback 

### 19 just this waymy grandmother doesn't have to drive and she can 20 just relax, andmy grandfather doesn't have to do all of the 21 driving. 

### 22 Q. 23 A. 24 Q. 25 A. Can anyone elsemake the trip in your family? Not at this time, no. Can your father? No. He can't leave his business for any extendedperiod

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 printingbusiness and then engraving. It's two 4 businesses, actually, a printing and an engravingbusiness. 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 yourmothermake the trip? 10 A. No. She also works for my father, and she's right now 11 helpingmy uncle, herbrother, who was just recently in a bad car 12 accident andbroke his back and his shoulder and has a collapsed 13 lung, so she's kind of stuckhere taking care of him. And she's 14 really the only other person that ever goes down there to visitmy 15 you know, helpmy grandparents drive back. 16 Q. Okay. Ms. Tomchik, I'd like to turn your attention to, 17 backto November 6th of 2009. Were you a passenger on Southwest 18 Flight 3049, on November 6th, 2009? 19 A. Yes, I was. 20 Q. Fromwhere did that flight depart? 21 A. Baltimore, BWI Airport. 22 

### Q. And where

-- what was its destination? 23 A. Its destinationwas Las Vegas, Nevada, but I had a 24 connectionbecause 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 youpoint to that person? 3 MR. STUART: Let the record show thatMs. Tomchikhas 4 just identifiedMr. BrianWallaesa 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. Didyou evermeet him? 

### 12 A. No. 

### 13 Q. When didyou first come into contact with himon the 

### 14 flight? 15 A. I first came in contact with himwaiting 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 sawhimin 18 

### Q. Where were you standing in line? 

### 19 A. You know how theyhave you line upbynumbers, and I was 

### 20 like number one, so 

### I was standing there andthen he was behind 

### 21 me 

### 22 Q. 23 A. 

### 24 Q. 25 A. Uh-huh. in line waiting to go toboard. So youwere inthe 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. Behindme, you know, in line, but I don't think there 5 was anybody inbetween us. 6 Q. Okay. When didhe first speakwith you? 

### 7 A. Well, as we were standing there, I thinkwhen they 8 opened like the jetway and the air like blew up, I said something 9 about itbeing like really cold, and I thinkhe just agreedwith 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 tookmy 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, youmean -- 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 inwhat row? Third. In what seat? The aisle seat.

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094710

1 Q. Andwhere didMr. Wallaesa sit? 2 A. He came and sat inmy 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 itmight have been like normal plane chatterbetween 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 themiddle 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 themiddle 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 askedthe gentleman in the 22 middle seat ifhe would switch seats with him, and theyproceeded 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. 410-974-094711

1 

### Q. Okay. What happened after that? 2 

### A. After that, I think I got my bookout and started 3 reading 4 Q. Urn-hum. 5 

### A.

-- and thenMr. Wallaesa askedme what book I was 6 reading and I statedthat I was reading Harry Potter. Andhe said 7 something to the effect that, oh, you're not reading some kind of 8 romance novel? And I said, no, I'mnot. 9 Q. Did.you have any other interactionwith him? 10 

### A. Not at that time. 11 Q. What was the next interaction, if any, that you hadwith 12 him? 13 A. The next interactionwouldhave beenprobably, you know, 14 sometime later, he had gottenup andused the restroom and then 15 cameback. And at that time I was -- I hadmy iPod on and I was, 16 you know, sittingthere, and he camebackand then he like tapped 17 me onmy shoulder and askedme if I wouldmind ifhe put his arm 18 aroundme. And I said, yes, I wouldmind; that is weird and 19 uncomfortable. And then he said, uncomfortable? And I said, 20 yeah, I don't know you andhad alreadypreviouslytold you that I 21 had a boyfriend. Andhe said, well, I don't care if you have a 22 boyfriend. 23 Q. 24 boyfriend? 25 

### A. Sowhen was the first time that you toldhimyou had a

When we originally sat down andwe'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 boyfriendwho was out there at the time. 3 Q. And then the second time, youjustmentioned, when you 4 told himyou had a 5 

### A. Right. 

### 6 Q.

-- boyfriend. Why did you tell himthat? 7 

### A. Because he was asking, tome, which were inappropriate 8 questions, one about the romance novel and the other about putting 9 his arm aroundme, so I was trying tomake the point that I'mnot 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 themiddle seat. 18 Q. And how was he positioned? 19 A. At that time he was justpositioned, 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. Didhe touch you in any other way? 

### 24 A. Not at that time. After the whole exchange ofputting 25 his arm aroundme, then I'm

-- you know, I'm sitting there

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-09471 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 tomy music and I could like feel somebody staring at

me. I mean, youjust get that inclination that somebody's staring at you. And I looked over andhe's like sittingthere, like leaningback, like staring atme. At this point I hadnoticed that the armrest that was inbetweenhe and I was drawn up andhe

was like kind of like sittingas close, basically, as he couldget to where I was sitting. 

### Q. Urn-hum. A. And I turned and I said, do youmindnot staring atme? Andhe's like, oh, I can't

-- your hair and your eyes arejust so beautiful. And I was like, okay, well, thank you, but stop staring atme. Q. Okay

. A. And Q. Didyou remain seated in that seat? A. At this time, yes. After that, then he again tappedme

onmy shoulder and said, I'mgoing to ask you a question and it might sound kind of corny. And I said, then don't askme. Don't askme anything. I alreadytoldyou I'mnot interested. I have a boyfriend. And

-- Q. Didhe ask you the question? A. Yeah. Then he said, well, I was wondering if you would dome the honor orpleasure

-- I don't know which word itwas -- of lettingme hold somethingbeautiful today. And I was like, no. I was like this is

-- you know, I'vebeen nice about this long

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947

### 14

1 enough. You know, this is really crossing the line. And then I 2 got up out ofmy seat. 3 Q. Andwhere did you go after that? 4 A. I just looked to, basically, the first person I saw that 

### 5 was like inbetweenpeople, where I knew I could kind ofbe like 6 covered in some way or like out of his sight. And I went over to 

### 7 like a guy likebasicallydiagonal fromme, 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 guywho is reallymakingme 

### 13 uncomfortable and he's saying inappropriate things and asking 

### 14 inappropriate questions. Would you mind switching seats withme? 15 Andwe 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 youmoved 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.

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094715

1 Q. So the opposite side fromwhere you were sitting? 2 

### A. Yeah. 3 Q. After you sat down in thatmiddle seat

-- 4 

### A. Urn-hum. 5 Q. what did you do after that? 6 A. As soon as I sat down, I hit thebutton to call the 7 flight attendant over. 8 

### Q. The callbutton? 9 

### A. Yeah. Urn-hum. 10 Q. Okay. And thenwhat happened? 11 A. The flight attendant came over and I informedher that I 12 switched seats andwhy I switched seats, and she said, okay. And 13 she went and got me a padofpaper and a pen and toldme to write 14 down everythingthat happened andthat she would go address the 15 otherpassenger about what, you know, I had said andwhat 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? WendyMoorman was the flight attendant. Andhow do you know her name? I know herbecausewe testified in a case against him in

Okay. Andwhat did you write down on thepad ofpaper

I wrote down

-- gave you?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094716

1 

### A. I wrote downbasically everythingthat I just, you know, 2 saidto you about what the conversationwas and, you know, how I 3 felt that itwas inappropriate and, you know, all the facts I had. 4 

### Q. Did you observe what Ms. Moorman did after she gave you 5 thepadand after you wrote down the information? 6 

### A. Urn-hum. Yeah, after she gave thepadtome and left, 7 she went over and

-- toMr. Wallaesa, and took him into the back 8 oftheplane to address him. 

### 9 Q. Now, did you see her go over toMr. Wallaesa? 

### 10 

### A. Yes. Yeah, I did. 11 

### Q. Did you hearher say anything toMr. Wallaesa? 12 

### A. No. I didn't hear what she said, no. 13 Q. And thenwhat happened? 14 A. Then after I wrote everythingdown, she 15 had come back over and gotme out ofmy seat and went into the 16 front of the plane, the galley, or somethingthat they call it, 17 and toldme about her conversationthat she hadwithhim. And, 18 basically, that he was sayingthat, oh, he was in awe ofme and 19 just, ifhe wouldjustbe able to talktome again and explain 20 things. And so she saidthat she would askme if I would talkto 21 him, and if I had saidno, then nomeant no andhe was to leaveme 22 alone. And I said, obviously, I don't want to speakwith him 23 again or have him speaktome. I don't knowhim, never seenhim 24 before and, you know, this is inappropriate, so -- 25 Q. After you had that conversationwith FlightAttendant

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094717

1 WendyMoorman

-- 2 

### A. Urn-hum. 3 Q.

-- where didyou go? 4 A. I went backtomy seat and I sawher go over to 5 Mr. Wallaesa and address himabout, you know, the conversation 6 that she hadwithme andthat he was to leaveme alone. 7 Q. And did you hearwhat she said? 8 

### A. No, I didn't hear what she said. 9 Q. Did you observe any other interactionsbetweenWendy 10 Moorman andMr. Wallaesa after that? 11 

### A. Not

-- 12 Q. Immediately after that? 13 A. No. She went, you know, took care of that, hadme 14 situated, toldhim stay inhis seat or, you know, not tobother 15 me, basically. Andthen she went about like taking drink orders 16 from the otherpassengers. 17 Q. Did youhearher tellhimnot tobother you? 18 A. I didn't hear her tell him, no, but that's what her and 19 I, like the conversationthat her and I had, and that's what she 20 said she was going to tell himthat I saidto leaveme, you know, 21 alone and that he was to do so. 22 Q. Do you remember if shementionedthat she toldhimthat 23 after the fact? 24 A. 25 Q. After the fact of? Youjust

-- you statedthat she told you he was going to

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947,.

,, ., ,. :**~'**'18

1 she was going to tell

-- 

### 2 A. Yes. 3 Q.

-- himthat. 4 

### A. Yes, she was going to tell himthat, and then she went 5 over. I sawher go over. I didn't hear their conversation. 6 Q. Did she ever confirmwith you after you sawher go to 7 himthat she had saidthat? 8 

### A. I can't remember per se if she did or didn't. 9 Q. So after that you satbackdown? 

### 10 

### A. Yeah. Urn-hum. 11 

### Q. Did you seeMr. 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 ladynext tome with his hand on the seat in front of us, you 16 know, the row in front, andhis otherhand on her seat and leaned 17 over to speaktome, address me, and I went

-- 18 Q. What

-- didhe say anything to you? 19 A.

-- get away fromme. Andhe, at that point saidmy 20 name, you know, Jaime, or something. 

### 21 Q. Urn-hum. Do you recall anything else? 

### 22 A. I just said, get away fromme. And the guywho was 23 sittingtomy right went to get out ofhis chair to, you know, 24 move himaway, andthenWendy came and got him and said, Brian, I 25 toldyou to leave her alone. And I heardher saythat. And she

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094719

1 went and tookhiminto thebackof theplane. 2 Q. Okay. Did you seeMs. Moorman takeMr. Wallaesa to the 3 backoftheplane? 4 A. I saw her right thenwhere she was in front ofme. Now, 5 behindme, I couldn't see what happened on, but I saw her take him 6 andmove himtowards thebackof theplane. 7 Q. Okay. Did you have any -- did you see Mr. Wallaesa 8 again after that? 9 A. After that, sometime later I saw himcomingup the 

### 10. aisle, you know, with like determination

-- not justwalking 11 leisurely, but walking like, like a man on a mission is, you know, 12 the term I woulduse -- towards the front of the plane pastme. 13 Q. Okay. Did you -- didhe look at you? 14 A. No. He just kept going forward. 15 Q. Did you see him from theback of the plane, or at what 16 point didyou see him? 17 A. I didn't see himuntil he was like inmy peripheral 18 vision

-- 19 Q. Okay. 20 A.

-- like comingup. 21 Q. And thenwhat happened after that? 22 A. Afterhe hadpassedme, then I saw the flight attendants 23 comingup and then another gentleman, who I later found out was an 24 airmarshal, comingupbehindhim, like to stophim from going 25 towards the front of theplane.

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947-· '

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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 airmarshal 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 sawWendyMoorman and the flight 23 attendant, Rob

- 24 

### A. 25 Q. Urn-hum.

-- following Mr. Wallaesa, as Mr. Wallaesa proceededup

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094721

1 the aisle? 2 

### A. Yes. 3 Q. And there's a thirdperson? 4 A. Yes. 5 Q. And that was? 6 A. The airmarshal that I later found out. 7 Q. Okay. Did you see what happened after that? 8 

### A. I saw after they hadpassedme andthey're up in the 9 front of the plane there, I saw frombehindjust the airmarshal 10 looked like he was trying to grabMr. Wallaesa, you know, fromhis 11 upper arms and tryto like get himunder control in that way, like 12 as somebodywould iftheywere trying to like cuff somebody, you 13 know, put their

-- pull his arms behindhis 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 thenWendy 17 came and gotme again out ofmy seat and tookme into the backof 18 the plane. And I didn't see anything else after that. 19 Q. Okay. So backingup towhen

-- did you state

-- did you 20 say the airmarshal tookWallaesa's arms? 21 A. Yeah. Fromwhat I saw frombehind, yeah. 22 Q. Can you describe what you saw? 23 A. I just saw theywere kind of in the aisle-way, looked 24 like a littlebit of a scuffle going on, andjust frombehind, 25 justbecause I think the airmarshal had on a white shirt, so I

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Salt. &Annap. 410-974-0947

### '.

•• <j."··22

1 just like saw the white shirt, like himtrying to grab, you know, 2 his arms. Basically, it looked like

-- tome itjust looked like 3 he was trying to get himunder control for whatever he was trying 4 to do up there. 5 Q. When you say scuffle, can you describe that? 6 

### A. You knowwhere people

-- like he, likeMr. Wallaesa is 7 resistant tobeing, you know, stopped fromwhat he was doing, is 8 what I wouldmean, you know, is a scuffle. 9 Q. Okay. And at what point

-- you statedthat you were 10 movedto theback of the airplane? 11 A. Yes. 12 Q. When didthat happen? 13 

### A. That happened like almost immediately after they're out 14 there scuffling. After I see this, then I'm seeingWendy come and 15 she's like gesturing tome 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 theback. I don't know if itwas 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'mon the right-hand 21 side intheback. 22 Q. So aisle seat, you said? 23 

### A. Urn-hum. Yeah. 24 

### Q. On the right-hand side, meaning the captainor the first 25 officer's side?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947

### '·

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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 attendantmoved you to the back? 6 

### A. I think shemight

-- you know, what I took it as is she 7 wanted tomake sure I was safelybackthere, that he wasn't

-- 8 Mr. Wallaesa wasn't going to come over and tryto 9 Q. Did

-- excuseme. 

### 10 A.

-- tryto, you know, address me again in another 11 manner. 12 Q. Did she ever tell you why she was moving you? 13 A. Shejust saidthat, you know, that he's in the front and 14 they're going to get himunder control andthat I shouldjust stay 15 backhere. And then she went back

-- she went backto the front 16 of the plane andthen sometime later she came back and toldme 17 what hadhappened andwhat was going to happenwhen we landed in 18 Las Vegas. 19 Q. And what did she indicate to you? 20 

### A. She indicatedthat, you know, theyhadhimunder 21 control, that he was -- Mr. Wallaesa was trying to get on the 22 intercomto address the whole flight and tell the whole flight 23 that hewas in love withme. This is whatWendy is tellingme was 24 happening, andthat 25 Q. And when did she tell you this?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947,_ ,.•1. ··;_;·24

1 A. When she came back after everythinghappenedto tellme, 2 you know, what had transpired. 3 Q. After you hadbeen 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 representingmyself, pro se, so I may refer tomyself as 18 Mr. Wallaesa or the Respondent, but when I say that, I'mreferring 19 that tomyself. 20 CROSS-EXAMINATION 21 BY MR. WALLAESA: 22 Q. Prior toboarding the plane, you did say that there was 23 a bit of a conversation 24 A. 25 Q. Right.

-- just general conversation, right. Afterboarding the

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947**~-**25

1 plane, the conversationdid 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'mnot very good with time. 

### 5 

### Q. Okay. 6 

### A. Itwasn't

-- and I don't understandwhat youmean as in 7 time ofwhat conversation? Like the length of

-- 8 Q. The conversationbetween 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 fewminutes. 15 

### Q. You believe itwas only a fewminutes? 16 

### A. Like 10minutes, ifthat. As long as it takes to get 17 theplane 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 screenprintingbusiness 20 inBaltimore, Maryland; is that correct? 21 A. 22 Q. 23 

### A. 24 Q. 25 A. He owns a printingbusiness, yes. Hismain contract is UnderArmour? No, it isn't. Okay. You are an aunt? Excuseme?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094726

1 Q. You have nieces andnephews? 

### 2 

### A. What does this have to do with anything? It's 3 irrelevant. 4 Q. Just the conversationthat you hadwith 5 Mr. Wallaesa, becauseMr. Wallaesa'sbelief that the conversation 6 lasted approximately anhour to almost 2 hours on the flight 7 A. I'm sorry. I have to totally disagree with that. 8 Q.

-- where informationwas exchangedthat

-- 

### 9 A. Totallydisagree with hour, 2 hours, completely, 100 10 percent disagree with that. 11 Q. Did you speak of having nieces andnephews? 12 A. If any of this conversationhappened, itwould 13 have beenprior 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 servedcomplimentarydrinks from the

-- 17 A. No, I don't. I don'tbelieve 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. Andthat is the reasonwhy you were number one in

Yes, it is.

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094727

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 iftheywere ornot. My boyfriendbought 5 the ticket. 6 Q. Okay. No problem. 7 A. I'mnot really

-- I don't really care about where I fly. 8 Q. Okay. When you were speaking of the conversation 9 between yourself andMr. Wallaesa, how did you speakto 10 Mr. Wallaesa to lethim know you wantedno longer to have a 11 conversation? 12 A. For one, I gotmy 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 himthe point if I have 15 headphones on that I'mfinished speaking tohim. 16 Q. Okay. After youweremoved, you weremovedto the front 17 right side of theplane as if you were looking at the front of the 18 plane, so -- to the left of theplane as you describedhow you 19 sat, as if you were boardingthe plane, to the left side of the 20 plane as if youwere boarding

-- 21 A. What are you talking about? When I moved? 22 Q. When youmoved from the third aisle to

-- 

### 23 A. I movedto the second aisle tomy right-hand side 24 diagonal fromwhere I was sitting. 25 Q. Window seat, correct?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094728

1 A. No, inthemiddle seat. 

### 2 Q. Middle seat, okay. Didnot know. When you spoke with 3 Ms. Moorman, what was your conversation? 

### 4 A. My conversationwas I was informingher that I moved 5 seats andwhy I moved seats, that I was uncomfortable next to this 6 gentleman, that he was asking inappropriate questions andmaking 

### 7 me feel uncomfortable. 

### 8 Q. AfterMs. Moorman spoke to you andyou had spoken toMs. 

### 9 Moorman, didMr. Wallaesa

-- when was the contactbetween yourself 10 and

-- you sayMr. Wallaesawalkedup to talkto you while you 11 were sitting in the secondrow. When was that contact? Was that 12 before or after you spoke toMs. Moorman? 

### 13 A. That was way after I spoke to her. 14 

### Q. Okay. Did she

-- did you speaktoher again after that? 

### 15 A. No. She went about her service. I gave her the note. 

### 16 She came over, went and spoke toMr. Wallaesa inthe backof the 17 plane, cameback, got me out ofmy seat, toldme about the 18 conversation she had withhim, that she was going to tell himthat 

### 19 he should leaveme alone. And then

-- so I satback down, the 20 flight went on, and thenMr. Wallaesaproceededto come backover. 21 

### Q. 22 A. 

### 23 Q. 24 A. 25 

### Q. Okay. And you saidyou wrote a note? Yes. Is this a copy of the note? I have not seen it. Well, may I show it to you?

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094729

1 A. Yeah. This is a copy of the note. 

### 2 Q. Okay. Is that your copy of the note? Andwhat is the 3 date? 4 

### A. I don't have a copy of it. 5 Q. Okay. 6 A. Just I'mlooking 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 itwas 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 ithas 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 conversationbetweenMr. 25 Wallaesa, Ms. Moorman, or any of the flight attendants or the

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-094730

1 flight crew or the airmarshal after, after that? 2 

### A. As I previously stated, no, I didnot hear any 3 conversation. 

### 4 Q. When you were seated, you were still seated in the 

### 5 second rowmiddle 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 inthe front of theplane at that time? 10 

### A.

-- inthemiddle seat, yes. 11 Q. Yes. Okay. In anytime duringwhat you described as the 12 scuffle, didMr. Wallaesa attempt to contact you? 13 

### A. As I previously said, he walkedby and didnot look at 14 me or say anything. 15 the scuffle, your backwas to the rear of Q. Okay. During 16 the plane, correct? 17 A. Yes. 18 Q. Could you see any of the activitytowards the rear of 19 the plane at that time? 20 A. No, I couldnot. 21 Q. Okay. Andhas

-- since the incident happened, or even 22 sinceMs. Moorman had talked to you, has Mr. Wallaesa evermade an 23 attempt to contact youpersonally, 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 domake sure that I keepmy FBI agent's 4 contact information onme 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 nomore 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 depositionwas concluded.) 14 (Reading and signature waived.) 15 

### 16 17 18 19 20 21 

### 22 23 24 25

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### 32

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 swornbyme, that the testimony of saidwitness was duly recorded and accurately transcribedbyme or undermy direction; further, that said proceedings are a true and accurate record of the testimony given by saidwitness; and that I am neither counsel for, relatedto,

nor employedby any of the parties to the action inwhich this depositionwas taken; and further, that I am not a relative or employee of any of the parties or counsel employedby the parties and I am not financially or otherwise interested in the outcome of the action.

My Commission expires: December 15, 2012

FREE STATE REPORTING, INC. Court Reporting Transcription D.C. Area 301-261-1902 Balt. &Annap. 410-974-0947·-· '-, \' )**~**



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