Scott Littner, Direct Examination Jan. 30, 2012

VIRGINIA

IN THE GENERAL DISTRICT COURT FOR LOUDOUN COUNTY

BEVERLY FRANCES BRADFORD, Plaintiff,

Vs. LOUDOUN COUNTY BOARD OF EQUALIZATION, Defendant.

EXCERPT OF DIRECT EXAMINATION OF SCOTT LITTNER

Excerpt of testimony from the hearing in the above-entitled matter, taken on Monday, January 30, 2012 at 1:00 p.m. before Judge Julia Taylor Cannon, held at the Loudoun County General District Court, 18 East Market Street, 4th Floor, Room 2-F, Leesburg, Virginia 20176

BY MR. FLANNERY:

Q     Now, did there come a time when the presentations began?

A     Yes. It was approximately 1:00 when we began the hearing.

Q     And what, if anything happened during those presentations?

A     In my conversation with both the appellant, specifically Mr. Mahan and I believe Mr. Nelson at the time, there was a flash to my left. And when I looked, I saw Ms. Bradford returning to her chair, sitting down.

Q     And in connection to her getting up from her chair, where was she located vis-a-vis the panel of Board of Equalization and the presenters, that is both the appellant —

A     She would be to our left.

Q     Okay.

A     The panel’s right, the appellant, the OCA’s right, against the wall (indicating):

Q     Now, you heard testimony including her own that she said she never left her chair. Was that true?

A     No, that’s not true.

Q     What, if anything, did you do at the instant that she took the picture and returned to her seat?

A     I continued with my conversation with both the appellant and the County Assessor, as it’s a give-and-take question/answer, et cetera, from both parties. I believe Mr. Maurer was also asking questions at the time.

Q      Before you, there is book of exhibits. If I could direct your attention to Exhibit 10.

THE COURT: Hold on just a minute. I will want to pull mine out, too.

Okay.

Mr. Flannery: Yes, Ma’am.

BY MR. FLANNERY:

Q     Directing your attention to Exhibit 10, can you identify that picture at or about the time of the incident you mentioned?

A     Yes.

Q     Now, you said that you didn’t do anything right then. What, if anything, happened after this incident in which she took the picture with a flash?

A     When I completed my questioning, got the answers that I needed from both parties, I approached Ms. Bradford.

Q     And what, if anything — why did you do that? Why did you go to approach her?

A     Because she disrupted the meeting.

Q     And when you say disrupted the meeting, what exactly do you mean by that?

A     She interrupted the conversation between myself,  Mr. Maurer, the appellant and the County Assessor’s Office. And I wanted to —

Q     And what, if anything, did you say to her?

A     When I approached her I explained ot her that I didn’t appreciate the disruption. And I asked her was she aware of the rules that the BOE had regarding prenotification, notification of the Board for any photography.

Q     And what, if anythng did she say?

A     She said she was aware of the rules, but that she had taken the picture that she wanted and that she wouldn’t take any more. 

Q     Now, at that point, did you know or have reason to know that she had a recorder?

A     No, I did not know.

Q    And directing your attention to what is marked Exhibit 11 —

A    (Perusing…)

Q     — did you have occasion to see that while she was sitting there or not?

A     At the end of our conversation, yes. 

Q     And what, if anything, did you say and what, if anything, did she say?

A     I didn’t say anything about the recorder because I was basically turning, walking away from Ms. Bradford at the time I noticed it.

Q     What, if anything, did she say to you?

A     When I explained what the rules were, that our rules were published on the web site, she basically raised her hand and told me not to worry about what she was doing, that I should go back to my desk and continue on.

Q     Now, you say she raised her hand. Was this in a menacing fashion? What was she doing when she raised her hand?

A     Well, she was shaking it at me.

Q     So like shaking her finger at you?

A     Yes. She was shaking it at me and told me not to worry about what she was doing.

THE COURT: I’m sorry. I didn’t see. Did he demonstrate that?

THE WITNESS: Yes (Indicating).

BY MR. FLANNERY:

Q     Just about the way you’ve just done it; is

that correct?

A      Yes.

Q     Now, did you effect any anger in your demeanor when you came to talk to her?

A     No, I did not.

Q     Did you shout at her?

A      No.

Q     Did you invade her personal space?

A      I did not.

Q.      Did you menace her in any way?

A      I did not.

A.      Did you take the photographs that she had

A.      I did not.

Q     And tape-recording, and you didn’t take that; is that fair to say?

A      That is correct.

A      Did you tell her in sum or substance that were not allowed at any time?

A      No, I did not.

Q      Are photos not allowed?

A      Photos are allowed.

Q      Did you believe you could take the photos from her?

A      No.

Q      If you knew she had a recording, did you

believe you could take the recording from her?

A      No.

Q     Did you ask her to delete any photos?

A     No, I did not.

Q     Now, there has been some testimony about

the course of this walk over to see Mr. Bradford. On how many occasions did you cross the room to talk to Ms. Bradford?

A      Once.

Source: M.A.R. Reporting Group

http://www.mar-reporting.com

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