1 1 NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE 2 SUPERIOR COURT DIVISION 3 ROCKINGHAM COUNTY 07 CvS 746 4 RONALD PRICE, 5 Plaintiff, 6 -vs- 7 8 RICHARD J. MOORE and wife, 9 DEBRA T. MOORE, 10 Defendants. 11 ___________________________________ 12 Eden, North Carolina 13 November 15, 2007 14 2:01 p.m. 15 16 17 18 19 20 - - - - - - - - 21 DEPOSITION 22 OF 23 RONALD FILER PRICE 24 - - - - - - - - 25 2 1 APPEARANCES: 2 3 HUX LAW OFFICES, by 4 DOUGLAS R. HUX, ESQ. 5 703 Washington Street 6 Eden, North Carolina 27288 7 Appearing on behalf of the Plaintiff. 8 (336) 627-5143 9 10 SMITH, JAMES, ROWLETT & COHEN, L.L.P., by 11 SETH R. COHEN, Esq. 12 101 South Elm Street, Suite 310 13 Post Office Box 990 14 Greensboro, North Carolina 27402 15 Appearing on behalf of the Defendants. 16 (336) 274-2992 17 18 ALSO PRESENT: 19 Richard Moore 20 - - - - - - - - 21 22 23 24 25 3 1 I N D E X 2 WITNESS DIRECT CROSS REDIRECT RECROSS 3 RONALD FILER PRICE 4 By Mr. Cohen 6 5 6 - - - - - - - - 7 8 E X H I B I T S 9 10 NUMBER DESCRIPTION PAGE 11 1 Interrogatories dated July 27, 2007... 13 12 2 Incident/Investigation Report dated 13 11/06/2006............................ 43 14 3 Statement by Ron Price dated Thursday, 15 November 9, 2006...................... 46 16 4 Misdemeanor Criminal Summons dated 17 11/13/06.............................. 53 18 5 On-line article from Eden Daily News 19 dated Wednesday, November 8, 2006..... 60 20 6 Civil Summons issued to Richard Moore 21 and Debra Moore dated 4/20/07, with 22 complaint attached.................... 73 23 - - - - - - - - 24 Quoted material is verbatim and 25 may/may not reflect a direct quote. 4 1 The deposition of RONALD FILER PRICE was 2 taken by the Defendants for the purpose of discovery 3 and use as evidence in the above-entitled matter, 4 wherein RONALD PRICE is the Plaintiff and RICHARD J. 5 MOORE and Wife, DEBRA T. MOORE are the Defendants, 6 pending before the State of North Carolina, General 7 Court of Justice, Superior Court Division, pursuant to 8 notice, before PAGE CHAMPION ROBERTS, CVR-CM, 9 Certified Verbatim Reporter and Notary Public in and 10 for the County of Guilford and State of North 11 Carolina, on the 15th day of November 2007, at the Hux 12 Law Offices, 703 Washington Street, Eden, North 13 Carolina, commencing at 2:01 p.m. 14 - - - - - - - - 15 16 17 18 19 20 21 22 23 24 25 5 1 STIPULATION 2 It is stipulated and agreed, by and between 3 the parties hereto, that all questions are deemed 4 objected to and that a motion to strike is made as to 5 all answers, which objections and motions to strike 6 may be ruled upon at an appropriate time by the Court, 7 except that objections as to the form of the questions 8 shall be lodged at the time the questions are 9 propounded to the witness. 10 - - - - - - - - 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 1 Thereupon: 2 RONALD FILER PRICE 3 was called as a witness pursuant to notice in the 4 above-entitled cause and, being first duly affirmed in 5 the manner provided by law, was examined and testified 6 upon his affirmation as follows: 7 DIRECT EXAMINATION 8 BY MR. COHEN: 9 Q Would you state your name, please. 10 A Ronald Filer Price. 11 Q And where do you currently live, Mr. Price? 12 A 218 Cedar Run Drive, Reidsville. 13 Q And how long have you lived there? 14 A A little over two years. We moved there two 15 years ago July 4th. 16 Q Where did you move from? 17 A Orlando - well, Apopka, Florida. We lived 18 about five hundred feet across the border from 19 Orlando. 20 Q And how long were you in Orlando? 21 A A little over fourteen years. 22 Q And before that? 23 A I was in Washington, Centreville, Virginia - 24 northern Virginia. 25 Q How long were you there? 7 1 A I guess about approximately twenty-three 2 years. 3 Q Is that where you were born? 4 A No. I was born in Pittsburgh, Pennsylvania. 5 Q Where were you before Centreville, Virginia? 6 A I was in Maryland, and then we moved to 7 Charlotte, North Carolina, and then I moved to 8 Centreville. 9 Q Before that? 10 A Prior to Maryland, I was in Norfolk, 11 Virginia. 12 Q Were you in the military at any time? 13 A No. 14 Q All right. 15 A I worked for the Navy Department. 16 Q Okay. Well, go back. Tell me from high 17 school on what's your employment record. Where were 18 you employed? 19 A I worked for the Navy Department. 20 Q What did you do for them? 21 A I was an electronics technician. 22 Q You were a civilian? 23 A Yes. 24 Q All right. Where was that? 25 A That was Portsmouth, Virginia. 8 1 Q Portsmouth. Okay. Go on. 2 A From there, I went to work for IBM. 3 Q Okay. 4 A And that was in Norfolk, Virginia. And from 5 there I went to Control Data Corporation. 6 Q Why did you leave IBM? 7 A Control Data had gotten the NASA contract in 8 Langley, Virginia, and they needed people with IBM 9 expertise, so they really hired me for the Langley 10 NASA contract, but in the process they relocated me to 11 Washington. 12 Q Okay. And then before - after that? 13 A From Control Data I went to California 14 Computer Products. 15 Q Okay. 16 A And then that company subsidiary was bought 17 by the Braegan Corporation. And then from Braegan, I 18 went to AT and T. 19 Q Okay. And from AT and T? 20 A That was - I retired from ATT in Florida. 21 Q Okay. And what did you do for all these 22 companies? Did you do similar things? 23 A Well, I was an engineer for several of the 24 companies at the beginning, and then they moved me 25 into management in Washington, and I've been in 9 1 management since. First field manager, branch 2 manager, district manager. 3 Q Okay. What did you - when you retired, what 4 was your position at AT and T? 5 A With AT and T, I was - I was, I guess, a 6 technology manager. I supported the Phoenix system, 7 which was the internal provisioning system for AT 8 and T. 9 Q When is your date of birth? 10 A 6/27/1944. 11 Q Okay. And then from Orlando how did you get 12 to Reidsville? Why did you choose Reidsville? 13 A Well, my children live here. My daughter, 14 when she was married in '89, moved here, and my son 15 relocated here, I guess, in about 2000. 16 Q What's your educational experience past high 17 school? 18 A Yes. 19 Q What? 20 A Old Dominion College, Control Data 21 Corporation Institute. 22 Q What do you have your degree in, in Old 23 Dominion? 24 A I don't have a degree. 25 Q You attended? 10 1 A Yes. 2 Q So you don't have an engineering degree 3 anywhere? 4 A No. 5 Q All right. And then have you taken courses 6 at community colleges, things like that? 7 A Oh, yes. Yeah. 8 Q Okay. 9 A And I have a real estate license - well, I 10 had a real estate license in Virginia. 11 Q Are you working in Reidsville? 12 A Well, other than for the school board--- 13 Q Yeah, I mean other than the school board. 14 A Right. 15 Q Any paying job in Reidsville? 16 A No. When I first moved here, I had started 17 with a company down in Florida that was marking 18 pharmaceuticals, and my plan was to move here and 19 continue marketing pharmaceuticals. I got involved in 20 the - in the school board race, got very, very 21 involved, which kind of prohibited me. I had to stop 22 what I was doing as far as marketing of 23 pharmaceuticals. And then when I was elected, I mean 24 it was kind of like hit the ground running because 25 there were so many things going on with the school 11 1 system. 2 Q Okay. Had you run for political office 3 before the school board in Rockingham County? 4 A No, huh-uh. 5 Q So you'd never run before? 6 A No. 7 Q How did you end up running? What caused you 8 to run for school board? 9 A Well, my daughter contacted me because she 10 had heard from some friends that passed this 11 legislation - or the commissioners had passed this 12 regulation, or whatever, that they were going to have 13 five at-large candidates on the school board, and they 14 felt - she felt that they needed people with a good 15 background. I had some experience in education 16 because I had taught school. I was the president of 17 the PTSA in northern Virginia for several years as 18 well as other offices in the PTSA. 19 Q Where did you teach school? 20 A In Portsmouth, the Portsmouth Public School 21 System. 22 Q You didn't need a college diploma? 23 A No. 24 Q Were you a substitute or a full-time 25 teacher? 12 1 A Full-time. I taught adult education. 2 Q Okay. You taught adult education--- 3 A Uh-huh. 4 Q ---not students? 5 A No. 6 Q Okay. All right. Have you ever been fired 7 from any job? Any of these jobs changes, were you 8 ever terminated from a job? 9 A No. 10 Q You hesitated a little bit. Were you 11 downsized or something? 12 A Well, I guess when I left AT and T, that 13 was - that was the primary reason. They were 14 downsizing. I mean they went from - well, they bought 15 a couple of companies that they paid $105 billion for 16 and then they ended up selling them for a $35 billion 17 loss, so they needed to - they were constantly 18 downsizing. When I started with AT and T, I was a 19 data processing manager for IBM. That's why I was 20 hired, because of my IBM background and experience in 21 IBM products. Sometime - I forget exactly when, but 22 after I moved to Florida, they went through a 23 transition and they outsourced the IBM - services to 24 IBM, and at that time I had a choice of going to IBM 25 or staying with AT and T, and because I was - had been 13 1 with IBM before, I said, well, you know, I'd prefer to 2 stay with AT and T. So they moved me into internet. 3 I started working for AT and T labs on the internet 4 functions. 5 Q All right. Let me show you--- 6 MR. COHEN: Would you mark this? 7 THE COURT REPORTER: Do you want to start 8 with 1 again? 9 MR. COHEN: Yeah. 10 THE COURT REPORTER: This right here? 11 MR. COHEN: Yeah. 12 (Thereupon, Deposition Exhibit Number 1 is 13 marked for identification.) 14 Q I think these are a copy of your answers to 15 our questions. Do you want to flip through that? Do 16 you recognize that document? 17 A Yes. 18 Q And that's your signature on the last page? 19 A Yes. 20 Q And you cooperated with your attorney in 21 answering these questions that I sent? 22 A Yes. 23 Q Do you want to take a minute---? By the 24 way, have you read these lately? 25 A No. 14 1 Q Do you want to take a minute and read these? 2 I just want to ask you do you want to make any changes 3 or anything in here is wrong. Do you want to add 4 anything or change anything? 5 (Thereupon, the witness reviews the 6 aforementioned document.) 7 A No. It's okay. 8 Q Okay. So the answers, as far - as you sit 9 here, the answers are correct? 10 A Uh-huh. 11 Q And you have nothing to add or delete? 12 A (Witness shakes head negatively.) 13 Q You have to answer yes or no. 14 A Well - well, I'm not sure I understand that 15 question about adding or deleting. 16 Q Well, as you've read the questions and the 17 answers, is there additional information that you 18 think answers a question that's not here, in other 19 words? 20 A Not that - not that I'm aware of. 21 Q And did you review these before your 22 attorney sent them to me? 23 A Yes. 24 Q All right. And they're correct, as far as 25 you know? 15 1 A Uh-huh. 2 Q All right. If you'd look at question 1(a), 3 it says the names, addresses of people with 4 information regarding paragraphs 1 through 7 in the 5 complaint, which is - paragraphs 1 through 7 is 6 slander. And you say the list of witnesses would 7 certainly include the plaintiff, his wife, Celeste 8 Depreist. Who is Celeste Depreist? 9 A She is a school board member. 10 Q Okay. What would - how would she be a 11 witness? What would she say? 12 A Oh, I can't answer for Ms. Depreist. 13 Q Well, she's listed here, is what I'm saying. 14 A Yeah. 15 Q I asked for people with information--- Let 16 me back up. I asked for people with information 17 regarding these paragraphs. Paragraph 1 through 7, if 18 you want to review it, is the slander. 19 A Uh-huh. 20 Q And then you put down her name. 21 A Uh-huh. 22 Q So what would - what - why do you think she 23 has information about this? 24 A Well, because she watched some of those TV 25 programs. 16 1 Q Okay. And Wayne Kirkman, who is that? 2 A He is a school board member. 3 Q And why would - what information would he 4 have? 5 A For the same reason. 6 Q That he watched the TV programs? 7 A Uh-huh. 8 Q And Mark Childrey? 9 A Well, he was a participant in those 10 programs. 11 Q Okay. And Penny Owens? 12 A She was a - she as a candidate for the 13 school board. I believe that she watched those 14 programs too. 15 Q Eric Smith? 16 A Uh-huh. 17 Q Same thing; he was a candidate and watched 18 the programs? 19 A Yes. 20 Q And Chris Knight would be the same? 21 A Yes. 22 Q All right. So all of these people are here 23 because you believe that they - they watched the TV 24 programs in which the statements on the next page were 25 made? 17 1 A Uh-huh. 2 Q Is that right? 3 A Uh-huh. 4 Q You just have to say yes or no--- 5 A Yes. I'm sorry. 6 Q ---because she can't record the uh-huhs. 7 A Yes. 8 Q Okay. Then let's see. If you'll look at--- 9 One second. If you'll look at question number 3, 10 which is 1, 2, 3, 4, 5, 6, page 7. It says question 11 number 3 - question number 3 at the top of the page. 12 A Okay. 13 Q You got it? And this says, "With regard to 14 the allegations in the third cause of action, internet 15 libel and slander." 16 A Uh-huh. 17 Q And, again, I asked for people who have 18 information, and you said, plaintiff, plaintiff's 19 wife, Eric Smith, Penny Owens, Chris Knight, and 20 defendant Debbie Moore." Why did - what kind of 21 information did those folks have? 22 A Because they were participants. 23 Q Participants in---? 24 A In--- Well, let me see. 25 Q Okay. This was on the claim that you were - 18 1 there was libel on the internet, and I said give me 2 the people that you think have information regarding 3 this internet libel, and you said - I understand 4 plaintiff, plaintiff's wife. Eric Smith, for example; 5 what information would Eric Smith have about the 6 alleged libel on the internet? 7 A Having watched it. 8 Q Read the internet? 9 A Uh-huh. 10 Q All right. And Penny Owens, would that be 11 the same? 12 A Yes, uh-huh. 13 Q Chris Knight, the same? 14 A Uh-huh. 15 Q All right. 16 A Yes. I'm sorry. 17 Q Okay. That's fine. And then--- Well, 18 strike that. 19 All right. If you look at the next page, 20 the very next page, question 4, slander on television, 21 this has to do with those statements on the TV? 22 A Yes. 23 Q And you - and I asked, again, the names of 24 the people, and you mentioned the same people as the 25 first time, "Celeste Depreist, Wayne Kirkman, Mark 19 1 Childrey, Penny Owens, Eric Smith, Chris Knight, and 2 many other viewers"? 3 A Uh-huh. 4 Q So the information these folks have is that 5 you believe they watched the TV show? 6 A Yes. 7 Q All right. All right. Go back to the date 8 that these signs were removed from the side of the 9 road. What date was that? 10 MR. MOORE: November the 6th. 11 Q November 7 - no, 6. November 6, 2006, 12 right? 13 A Yes. 14 MR. COHEN: Okay. By the way, your 15 complaint has 2007, but I don't think you need to 16 amend. 17 MR. HUX: Probably already admitted it. 18 MR. COHEN: Huh? 19 MR. HUX: You've probably already admitted 20 it. 21 MR. COHEN: I've probably--- I just noticed 22 it for the first time. I assume you meant 2006, 23 is that right? 24 MR. HUX: The date - the day date is 25 correct, it is the 6th. 20 1 MR. COHEN: Yeah. 2006. Okay. 2 Q November 6th, 2006, about what time - well, 3 just describe your activities leading up to when you 4 saw these signs on the side of the road, when you saw 5 the Brad Miller signs. What were you doing? 6 A I was on my way home from Eden. 7 Q Okay. And what did - what happened as far 8 as the signs? Did you just see these signs on the - 9 Brad Miller signs on the side of the road? 10 A Yes. Well, it started, my wife and I were 11 driving along and we were talking, and I noticed that 12 there were Brad Miller signs up. 13 Q Where? 14 A Along the side of the road. 15 Q I mean, where specifically? Do you remember 16 the road or---? 17 A Well, it was Route 14. 18 Q Route 14. 19 A Because I live along Route 14. 20 Q And was it in front of the Teamsters Union? 21 Is that where it was? Do you know? 22 A No. No. It was--- 23 Q It was not in front of the Teamsters Union? 24 A As we were passing Harrington Highway, we 25 were proceeding down south on 14, and my wife and I 21 1 were talking, and I was observing the road, and I was 2 noticing that - I started to comment. I said, "Well, 3 you know, Mr. Miller has got his team out there 4 putting signs out" because we hadn't seen the signs. 5 There were very few signs out up until that time. 6 Q Okay. 7 A And we started seeing a lot of Mr. Miller's 8 signs, and as we were driving along, I'm observing 9 because, well, it just caught my attention because it 10 hadn't been there before, and then as I'm going down 11 the road, I'm noticing there were a lot of Robinson 12 signs and they're gone. 13 Q Wait. I'm sorry. You noticed that there 14 had been Robinson signs but then you no longer saw 15 them? 16 A Well, we had seen the signs before--- 17 Q Right 18 A ---along the road. 19 Q Robinson signs? 20 A Robinson signs, very - many, many Robinson 21 signs, very few Miller signs. 22 Q Okay. 23 A Now all of a sudden, there were a lot of - 24 well, this day, not suddenly, but this day there were 25 a lot of Miller signs and there were no Robinson 22 1 signs. 2 Q Let me ask you, had you - were you a Brad 3 Miller supporter? 4 A No. 5 Q Were you a Vernon Robinson supporter? 6 A Yes, I was. 7 Q Were you active in his campaign? 8 A Yes, I was. 9 Q Okay. I hate to - let's just take a sidebar 10 and then we'll start back. I should have stayed in 11 order. How were you involved in Robinson's campaign? 12 A Passing out literature, putting up signs, 13 making donations. 14 Q Did you hold an office like county chair--- 15 A No. 16 Q ---or anything like that? 17 A No. 18 Q This was a volunteer? 19 A Yes. 20 Q You weren't paid? 21 A No. 22 Q So you passed out literature, you put up 23 signs, you made personal donations. Did you ask 24 people to give money? Did you solicit? 25 A Yes. 23 1 Q And had you put up Robinson signs in the 2 area in which you were driving? 3 A Yes. 4 Q All right. So you knew for a fact that 5 there had been Robinson signs because you were the one 6 that had put them out? 7 A Not all of them, but--- 8 Q But some of them? 9 A ---some of them. 10 Q All right. So continue your story. You're 11 driving around, and you're seeing a lot of Miller 12 signs? 13 A Uh-huh. 14 Q All right. So then what happened? 15 A And, you know, then recognizing that there 16 are no Robinson signs, and as we're continuing on, my 17 wife's looking out the window because I'd just 18 observed this and made a comment, and she's looking 19 out the window, and she says, "Well, there - it looks 20 like there are signs laying on the ground near the 21 Miller signs." 22 Q Okay. 23 A So at this - at this point we passed a 24 couple more, and she said, "Yeah, there are - there 25 are signs laying there." So the next Miller sign I 24 1 came to, I pulled off to look. 2 Q Uh-huh. 3 A And there were - there was a Robinson sign 4 within two feet of the Miller sign. 5 Q And where were you then? 6 A This was several miles down Route 14 from 7 Harrington Highway. 8 Q And how many signs - how many Miller signs 9 were up at that particular location where you pulled 10 off? 11 A Just one. 12 Q Oh, just one? 13 A Yeah. 14 Q And how many Robinson signs were on the 15 ground? 16 A Oh, there were none. There was a Robinson 17 sign laying on the ground. 18 Q That's what I mean. So there was one Miller 19 sign in the ground, and there was one Robinson sign 20 laying on the ground? 21 A Right. 22 Q Prone on the ground? 23 A Right. 24 Q Do you recall whether you had put that 25 Robinson sign up originally? 25 1 A No. No, I do not. 2 Q So what did you do? 3 A Well, I suspected that this was the 4 situation earlier on, so we turned around and went 5 back and started the path again from Harrington 6 Highway. 7 Q Okay. And then what happened? 8 A There - and every place that we saw a Miller 9 sign, there was a Robinson sign laying within two feet 10 of the erected Miller sign. Somebody had pulled it up 11 and laid it on the ground. 12 Q And how many---? Well, go back to the first 13 one you stopped at. You turn around. 14 A Uh-huh. 15 Q Where is your first stop then? 16 A After we turned around from Harrington 17 Highway, probably within a couple hundred feet. 18 Q All right. And you pulled over on the side 19 of the road? 20 A Yes. 21 Q And how many Miller signs were at that 22 location? 23 A There was one Miller sign and one Robinson 24 sign on the ground. 25 Q And did you do anything? 26 1 A No. 2 Q You didn't remove the Miller sign? 3 A No. 4 Q Okay. So then what did you do? 5 A So we proceeded on down to see if this was 6 the case every place, and every place we saw a Miller 7 sign, we pulled off and there was a Robinson sign 8 laying on the ground. 9 Q Okay. 10 A So we continued this down the road a couple 11 of miles, and I said - you know, I told my wife - I 12 said, you know, "This is blatant, you know, sabotage," 13 as I would call it, and I said, "You know, if we leave 14 these signs here, or we put the Robinson signs back 15 up, somebody during the night is going to come and 16 take them down again." 17 Q Okay. 18 A So I said, "To make it more difficult for 19 these perpetrators to do this, I think I'm going to 20 pull them up and take them over to the Department of 21 Transportation." 22 Q Okay. Why Department of Transportation? 23 A Well, because that's where the Highway 24 Department was taking those signs that were illegally 25 placed. 27 1 Q Okay. And so at what point did you pull up 2 a Brad Miller sign? 3 A Well, I turned around and went back to the 4 beginning--- 5 Q Right. 6 A ---and started it again. 7 Q And so you pulled up to the first--- So 8 this is the second time you've gone back? 9 A Well, observed it the first time, turned 10 around, went back and verified, and then went back and 11 said--- 12 Q Came back around again? 13 A ---take these - take these too. 14 Q All right. And so you pulled over and you - 15 what did you do? Did you pull up the Brad Miller 16 sign? 17 A Yes. 18 Q All right. And what did you do with it? 19 A I put it in my trunk. 20 Q And what did you do with the Robinson sign? 21 A I put it back in the ground. 22 Q In the same location? 23 A Yes. 24 Q And you - tell me again why you took it to 25 DOT? Because--- 28 1 A Because that's where - these were 2 unauthorized. When I went through financial training, 3 they told us that signs placed on the right-of-way 4 were not authorized. 5 Q Right. So you took it, the Miller sign, to 6 DOT because it had been illegally placed, is that 7 right? 8 A Yes. 9 Q Why didn't you take the Robinson sign 10 because it was now illegally placed? 11 A Because I was trying to prevent the 12 perpetrator from doing that again. 13 Q Okay. Let me just get this right. In your 14 view, the Brad Miller sign was illegally placed 15 because it was on the right-of-way, correct? 16 A Uh-huh. Well, both of them were illegally 17 placed. 18 Q All right. So the Miller sign that you 19 pulled up was illegally placed, and the Robinson sign 20 that you put in its place was now illegally placed? 21 A Yes. 22 Q So is it your view that Republican signs can 23 be illegally placed, but Democratic signs cannot be 24 illegally placed? 25 A No. 29 1 Q Well, shouldn't you have taken both signs to 2 the DOT? 3 A What I did was not good sportsmanship. I 4 was trying to get a message across to the people who 5 did this initially that, you know, what they had done 6 was wrong. 7 Q Well, let me ask you this: You said you had 8 put some of those Robinson signs up initially 9 yourself? 10 A Uh-huh. 11 Q So you initially put them in an illegal 12 place. 13 A Uh-huh. 14 Q Then the Miller people put them in an 15 illegal place, and then you put Robinson signs in an 16 illegal place the second time. So you started the 17 illegal activity, is that right? 18 A Well, no. I think it was a case of 19 gentlemen's understanding. You know, people put 20 signs - if you go out during an election, you see 21 signs all over the place. You know, I got a notice 22 from Eden that said, you know, "If you put signs in 23 the right-of-way . . ." 24 Q Right. 25 A ". . . they're not authorized and we're 30 1 going to pull them up." 2 Q So why did you put Robinson signs in an 3 illegal right-of-way to begin with along Route 14? 4 A Well, I recognized that, you know, they 5 would probably - they could possibly be pulled up. A 6 lot of the signs I put out were gone. You know, they 7 were taken down. They were - they were taken by the 8 Department of Transportation. In this case, it was 9 done by not the Department of Transportation, but by 10 somebody who was supporting Brad Miller. 11 Q But those people, whoever they were, did not 12 actually take the Robinson signs away; they just laid 13 them on the ground, right? 14 A They moved them. 15 Q They moved them? 16 A I was moving them a little bit further. I 17 was going to take them over to the Department of 18 Transportation so that the people would now have to 19 come over there and get them. 20 Q Got you. You didn't see anything wrong 21 with - in your mind, you were taking them to DOT 22 because they were illegally placed, the Miller signs? 23 A Uh-huh. 24 Q But you were putting Robinson signs in an 25 illegal place. It didn't strike you as you're being a 31 1 little hypocritical there? 2 A No, because I figured that that night 3 somebody was going to come along who was supporting 4 Miller and they were going to take up the Robinson 5 signs and they were - if they - if the Miller sign was 6 there, they were going to put it back in the ground. 7 Now this way they would have to go over to the 8 Department of Transportation and get those signs. 9 Q So you were making it more difficult for 10 them? 11 A Yes. 12 Q How many Miller signs did you pull up and 13 replace with Robinson signs, total? 14 A Seven. 15 Q Is that all these was along Route 14? 16 A Oh, no. There were dozens of them. 17 Q Okay. Why did you stop at seven? 18 A As I was getting back in the car, a person, 19 Mr. Gammon - Vernon Gammon, pulled up beside me in a 20 hostile manner yelling threats, and at that point, you 21 know, I just got in the car because I was not going to 22 confront somebody in an outrage like that. I got back 23 in the car and I proceeded to drive down the street. 24 Q Did you know it was Vernon Gammon, or did 25 you subsequently find out it was---? 32 1 A No, I knew it was Vernon Gammon. 2 Q You know Vernon? 3 A Yes. 4 Q What did he say to you? 5 A He was yelling out the window. He says, 6 "You're - you're breaking the law. You're breaking a 7 federal law. You're going to jail," and he - you 8 know, these type of threats. 9 Q Okay. 10 A Not knowing his personality in detail, I did 11 not want to get confronted by somebody on the highway. 12 You know, as far as I was concerned, that was a 13 vigilante activity. 14 Q Okay. So your testimony is, you would agree 15 with me that--- Well, let me back up. You didn't own 16 the Brad Miller signs, is that right? 17 A That's correct. 18 Q And you didn't have permission from Brad 19 Miller or someone in his campaign to remove the signs 20 and take them away, did you? 21 A No. 22 Q So you removed property which belonged to 23 another without their permission, placed them in your 24 trunk, and you were going to transport them to another 25 place, is that correct? 33 1 A That's correct. 2 Q Okay. Put lawyer stuff aside. Put state 3 statutes aside. Layman's common sense, you stole the 4 signs, right? 5 A No. 6 Q All right. Let me back up. If I were to 7 define the word "steal" as taking property of another 8 without that person's permission--- Just grant me 9 that. Maybe I'm wrong. I'm just - for the purposes 10 of this deposition, if the definition of "steal" is 11 taking property of another without that person's 12 permission and removing that property to another 13 location, then you stole the signs? 14 A Well, at this point the person had put that 15 property on public right-of-way, and it was - they had 16 given up ownership of it. 17 Q They were no longer Brad Miller signs? 18 A They were Brad Miller signs. 19 Q Right. And he still owned the signs? 20 A Did he? 21 Q Well, I'm asking you. 22 A I don't think he did. 23 Q All right. So your testimony is - I just 24 want to understand it - your testimony is, if Brad 25 Miller owns a sign and someone on his behalf puts the 34 1 sign in a place it doesn't belong, that Brad Miller 2 has lost ownership of the sign? Is that what you're 3 saying? 4 A I think that was the case. You know, I 5 expected that when I put my signs out. I expected 6 that when I put Robinson signs out. What I did not 7 expect to see was blatant - blatantly somebody taking 8 signs that belong to another candidate under the guise 9 that - okay - we're operating within the law to pull 10 these signs up and lay them on the ground and put our 11 signs in their place. 12 Q What was your understanding DOT was going to 13 do with those signs that you - the Miller signs you 14 were going to take to DOT? Were they going to destroy 15 those signs? 16 A No. 17 Q What were they going to do with them? 18 A Well I was going to call the Democrats--- 19 Q Sure. 20 A ---and let them know the signs had been 21 moved to DOT. 22 Q So Brad Miller's people could go retrieve 23 them, right? 24 A Yes, uh-huh. 25 Q Because they were his signs, right? 35 1 A They had his name on it, so--- 2 Q Right. But if they weren't his property 3 anymore, why would you call him and tell him to come 4 pick it up? 5 A So that they could put their signs back out. 6 Q I know, but you just testified, I think - 7 and if I'm wrong, she'll reread it - that once he put 8 them in a right-of-way where they didn't belong, he 9 gave up ownership interest in the signs; therefore, 10 the signs do not belong to him. So why, then, would 11 you call his people to pick up something that doesn't 12 belong to him? 13 A So that they could put the signs back out. 14 Q Okay. We're going around in circles. But 15 your testimony is, Brad Miller didn't own the Brad 16 Miller signs because someone had put them in a 17 right-of-way. Is that - is that what you're saying? 18 A Yes. When he put them out on the public 19 right-of-way, I think it becomes open season, so to 20 speak. 21 Q For anybody to take them? 22 A Uh-huh. And that apparently, you know, is 23 what happened with the Robinson signs and other signs, 24 you know. 25 Q Well, the Robinson signs weren't taken away, 36 1 were they? 2 A No. 3 Q They were on the ground? 4 A Well, I don't know. 5 Q You don't know. The ones you saw were on 6 the ground; they were not taken away? 7 A That's correct. That's correct. 8 Q So is it your belief that if a sign is in 9 the right-of-way, that any citizen can simply take the 10 sign home and keep it? 11 A No, because I think that would be stealing 12 it. Take it home and keep it? 13 Q Right. 14 A No. It was not my intention to keep the 15 sign. 16 Q So if you take it home and keep it, that's 17 wrong, but if you take it to the DOT, that's okay? 18 A Yes. 19 Q But let me back up again. If they - if you 20 put the sign in an illegal right-of-way, you've 21 testified that campaign - we're talking about Brad 22 Miller - no longer had - no longer had an ownership 23 interest in the sign. That's what you've testified. 24 If they no longer own the sign, it's not theirs, then 25 - and you say it's open season - that was your term - 37 1 why can't I pick up the sign, put it in my trunk, take 2 it home and keep it because it now belongs to no one? 3 Why can't I? 4 A Well, I suppose you could. 5 Q All right. So there's nothing wrong, then, 6 for any citizen who sees a sign in a right-of-way for 7 any candidate to pluck up the sign, put it in the 8 trunk of their car, take it home and keep it, is that 9 right? 10 A No. To take it home and keep it? As I 11 said, you know, it was - I think you're saying that I 12 was planning to take it home and keep it. 13 Q No. No, no, no, no. Forget you. 14 A Uh-huh. 15 Q I'm driving along the road. I see one of 16 your signs, a Ron - I see seventeen - I see seven Ron 17 Price signs on a public right-of-way the night before 18 the election. 19 A Uh-huh. 20 Q Do I have the right to pick up those signs, 21 put them in my trunk, take them home and keep them? 22 Do I have that right? Well, is it stealing? Would 23 that be stealing? Let me start all over. I'm 24 rambling. 25 The night before the election, I see seven 38 1 "Ron Price School Board" signs on the public 2 right-of-way. 3 A Uh-huh. 4 Q Is it stealing for me to pull up those 5 signs, put them in the trunk of my car, take them 6 home, put them on my wall, and keep them? 7 A Yes, I would say so. 8 Q Okay. But you've testified that you no 9 longer would own those signs if they're in the public 10 right-of-way? 11 A That's correct. 12 Q So if you don't own the signs and no one 13 owns the signs, why can't I pick them up and keep 14 them? Why is that wrong? They're not yours anymore. 15 A Well, I don't know that that's ever been 16 tested. 17 Q Well, I'm just asking you because that's 18 your testimony. Your testimony is once you put your 19 signs in an illegal - in a right-of-way, you no longer 20 own the signs. 21 A Yes. 22 Q If you don't own the signs, then why can't I 23 take them and put them in my car and take them home? 24 Why have I stolen them? Who have I stolen them from 25 if you don't own them? 39 1 A Well, when I put them out there in the 2 right-of-way, I think I'm making them fair game for 3 somebody, and if somebody does that, you know, I'm not 4 going to be the one to go out there and try and 5 prosecute them. 6 Q Well, my question is, would I be stealing 7 the signs? If I took your signs off the right-of-way, 8 put them in my trunk the night before the election and 9 took them home, have I stolen the signs? 10 A No. 11 Q I have not. Okay. Now it's not. Okay. 12 And all this is based on the fact that they're in the 13 illegal right-of-way? 14 A That's correct. 15 Q So if someone had come behind you, picked up 16 the Vernon Robinson signs, taken them home, that would 17 have been okay? 18 A Well, there would have been no way to 19 prevent it, but that's what I was expecting. You 20 know, somebody's going to come behind me tonight in 21 the middle of the night because they're going to 22 operate undercover, where nobody's going to see them, 23 and they're going to take those signs, and that's 24 going to be the end of it. 25 Q Okay. All right. Now so you pick them up. 40 1 You put them in the trunk. Vernon comes to you. You 2 leave. Now what happens? 3 A Well, he bird-dogged me down 14. 4 Q What do you mean by bird-dogged? 5 A Well, I mean he stayed right with me. If I 6 speeded up, slowed down, changed lanes, he was right 7 there. 8 Q Okay. And so what did you do? 9 A Well, we got down to Scales Street where it 10 enters 14, and Mr. Gammon gets in the left-hand lane, 11 and I'm in the right-hand lane because I was going to 12 turn there. There was traffic barring him, and I said 13 to myself, you know, the way he has bird-dogged me 14 down this road, he has now by fault gotten in a 15 left-hand lane. So I made a right-hand turn onto 16 Scales Street, and as I'm driving down Scales Street, 17 I'm looking in the mirror because I figure he's handed 18 this off to somebody else to tail me, and he had. So 19 I made several turns through the neighborhood, and 20 this vehicle followed me. 21 Q Okay. 22 A So at that point I proceeded to the 23 Reidsville Police Station. 24 Q Why did you go to the Reidsville Police 25 Station? 41 1 A Well, because I was concerned about the 2 welfare of myself and my wife by whoever this person 3 was, as was demonstrated by the - the hostile nature 4 that Mr. Gammon had illustrated along 14. 5 Q Where was the DOT location you say you were 6 taking them to originally? 7 A It was in Wentworth. 8 Q How far was Wentworth from where you were? 9 A Probably ten, twelve miles. 10 Q What time of the day was this? 11 A This was around five o'clock. 12 Q Did you think someone would be at the DOT 13 location? 14 A I figured they would be open. 15 Q Did you get a call from Sheriff Page while 16 you were driving? 17 A Not while I was driving. He called my home. 18 When I - when I got home, there was a message on the 19 answering machine that he had called and wanted me to 20 return the call. 21 Q There's a newspaper article written by Brian 22 Ewing in the Eden paper November 8th. It says, "Price 23 said Sheriff Sam Page called him about the signs and 24 told him to bring them to his office. Instead, Price 25 says he drove to the Reidsville Police Department." 42 1 Is that not right? 2 A No. 3 Q They got that wrong? 4 A That's incorrect, yes. 5 Q Did you - so you took them to the police 6 station? That was your idea? 7 A I went to the police station because I was 8 being followed. 9 Q Okay. And what happened when you got to the 10 police station? 11 A The person who was following me came over 12 and made a complaint with the police officer. 13 Q Who was that person? Do you remember? 14 A He was - I don't know for a fact, but it's 15 based on the things I've read and the comments, it was 16 a man by the name of Kennedy. 17 Q And what happened then? 18 A Well, the police asked me if, you know, I 19 knew anything about these signs, and I said I did. 20 Asked me if they could look in my trunk, and I said 21 yes. I opened the trunk. 22 Q And then what happened? 23 A Well, they found a number of signs. 24 Q Okay. And what did they do? What did the 25 police do? 43 1 A Well, they wanted to keep the signs. They 2 wanted to keep the Miller signs. I had many signs in 3 the--- 4 Q Right. 5 A ---in the trunk, but--- 6 Q Did they keep the Miller signs? 7 A Yes, they did. 8 Q Did they fill out an incident report? 9 A Yes. 10 MR. COHEN: Will you mark that. You want a 11 copy? You got it? 12 (Thereupon, Deposition Exhibit Number 2 is 13 marked for identification.) 14 Q Is that the - Exhibit B, is that the--- 15 THE COURT REPORTER: Two. 16 Q Two. Is that the incident report? 17 A This is the - the first page is the only 18 thing I've seen. 19 Q Okay. Why don't you read that and see if 20 it's correct. I think RO means reporting officer. 21 A Uh-huh. (Witness complies with request.) 22 Uh-huh. 23 Q Okay. Is there anything---? You've read 24 what's on page 2 of Exhibit 2. Is there anything 25 inaccurate in what the police officer wrote? 44 1 A No. 2 Q Okay. And if you'll look at the first page, 3 "Reidsville Police Department," "Crime: Larceny of 4 election signs," and then further down it says, 5 "Suspect stole signs from side of road." Do you see 6 that? 7 A Yes. 8 Q Okay. Did you sue the Reidsville Police 9 Department? 10 A No. 11 Q Why not? 12 A Because I didn't have anything to sue them 13 over. 14 Q They said you stole the signs in a public 15 report. Anybody can go get this report. It says, 16 "Suspect stole signs from side of the road." 17 A Well--- 18 Q Richard Moore said you stole signs from the 19 side of the road. Why did you sue Richard and not the 20 Reidsville Police Department? 21 A This was an incident report based on 22 somebody else's statement. You know, they - when they 23 first - I don't know whether I've seen this. It looks 24 like - but the incident that was reported, I 25 understood that the incident that was reported was 45 1 from Mr. Kennedy--- 2 Q Okay. 3 A ---who reported larceny of signs. 4 Q Got you. Did you sue Mr. Kennedy? 5 A No. 6 Q Have you sued Vernon Gammon? 7 A No. 8 Q Have you sued Chris Knight? 9 A No. 10 Q Go ahead. 11 A None of these other people that you've 12 mentioned have raised such an outrageous commotion 13 about this. 14 Q So is it - does it make a difference to you 15 how many times someone says you've stolen a sign 16 before you decide to sue them? Does that fact - did 17 that factor in your calculation to sue Richard but not 18 Kennedy, Vernon, or Chris Knight? 19 A Well, I don't know that Vernon ever said 20 that. 21 Q Okay. Well, Chris Knight sat right here. 22 He said it. And we know Rick Kennedy has said it. 23 They - let's say they said it twice, or whatever, and 24 Richard has said it fifteen times. I haven't added 25 them up. Did the fact that Richard has said it more 46 1 than one time cause you to sue Richard but not to sue 2 the others who have said it less times? 3 A I think that was probable. 4 Q That was part of it? 5 A And that he said it so many different ways 6 in so many different media and so many times. 7 Q Uh-huh. So it's not what he said; it's how 8 much he said it? Was that the tipping point in your 9 decision to file the lawsuit against him? 10 A (Witness nods head affirmatively.) 11 Q Is that - is that yes? 12 A Yes. 13 Q All right. Do you have a web site? 14 A Do I have a web site? 15 Q Uh-huh. 16 A I have a blog site. 17 Q A blog site. I'm sorry. I'm not as 18 computer literate as you. Let me show you what's been 19 marked as 3. 20 MR. COHEN: Have you got this? 21 MR. HUX: Uh-huh. 22 (Thereupon, Deposition Exhibit Number 3 is 23 marked for identification.) 24 Q It's a posting Thursday, November 9, 2006, 25 "Sign Incident." Would you read that. 47 1 A (Witness complies with request.) Yes. 2 Q Did you post that at five forty-one on your 3 blog site? 4 A Yes. 5 Q A.m. on November--- You did? 6 A Uh-huh. 7 Q And it says, "On the eve of the elections, I 8 came across a wrong that had been committed. Signs 9 that I had put up were taken down and others put in 10 their place." So you're saying that you had 11 originally put up the Robinson signs? 12 A Well, some of them, yeah. 13 Q Some of them at least. All right. And you 14 said, "I tried to correct it by committing another 15 wrong, removing the signs that had been put in the 16 place of my signs." 17 A Uh-huh. 18 Q Do you still agree with that statement? 19 A Yes. 20 Q "Two wrongs do not make a right"; do you 21 agree with that statement? 22 A That's correct. 23 Q "For my actions, I am truly sorry and 24 apologize to Congressman Miller, the Democratic Party, 25 and the citizens of Rockingham County." Do you still 48 1 apologize? 2 A Yes. 3 Q "I know that neither Mr. Robinson nor 4 Mr. Miller condone or support this type of action 5 taken on their behalf by their supporters." Do you 6 still agree with that? 7 A Yes. 8 Q "I thank Congressman Miller for not pressing 9 charges and making an even bigger issue of the 10 incident than it has already become." Is that - 11 that's what it says? 12 A Uh-huh. 13 Q Do you believe Congressman Miller had the 14 right to press charges? I'm not talking about 15 Richard. Do you believe Congressman Miller had the 16 right to press charges? 17 A He may have. I don't know. He could 18 certainly press charges. I don't know how it would 19 come out in the court. Mr. Moore pressed charges--- 20 Q Well, Mrs. Moore. Mrs. Moore. 21 A Mrs. Moore--- 22 Q Yeah. 23 A ---pressed charges, and it was dismissed. 24 Q By the district attorney? 25 A Uh-huh. 49 1 A Okay. You said, "I cannot speak on behalf 2 of the others, but my actions were not in accord with 3 the Judeo-Christian values that I share so much. I 4 apologize to those who elected me, and I pledge to 5 serve you better as a member of the Rockingham County 6 Board of Education." But your contention is, you 7 didn't steal the signs? 8 A That's correct. 9 Q What wrong did you commit? 10 A Unsportsman behavior. I view that as dirty 11 politics. I came across somebody who had done dirty 12 politics, and I responded, which - in a - in a similar 13 manner, which I did not condone. 14 Q Okay. But you actually talk in here about 15 thanking Mr. Miller for not pressing charges? 16 A Uh-huh. 17 Q You're talking about criminal charges, 18 right? 19 A Well, whatever charges - I mean whatever 20 charges he might have been inclined to bring forth. 21 Q Like the ones that Mrs. Richards--- 22 MR. MOORE: Moore. 23 A Mrs. Moore. 24 Q Mrs. Moore. Like the charges Mrs. Moore 25 filed? That's the kind of charge you're talking 50 1 about, right? 2 A Yes. 3 Q So you were concerned at this point about 4 someone filing criminal charges against you, is that 5 right? 6 A Well, that's always a possibility. I mean 7 in this situation, I didn't think it was - I did not 8 think it was warranted. I appreciated the fact that 9 he did what I felt was right. 10 Q Why didn't Mrs. Moore have the right to file 11 charges against you? Why, in your view? Well, let me 12 back up. 13 Do you think she had the right - whether you 14 were convicted or not, do you think as a citizen and 15 taxpayer of Rockingham County that she had the right 16 to go to a magistrate, present him with the police 17 report and the statute, and ask him whether or not 18 there's probable cause? Did she have that right as a 19 citizen to do that? 20 A I don't know whether I'd call it a right. I 21 think she - she did it. She obviously--- 22 Q Okay. She did it. 23 A Yeah. 24 Q Well, my question to you, as a public 25 servant and as an American and as a citizen of 51 1 Rockingham County, is, do you think---? Let me state 2 it differently. Was it illegal for her, Mrs. Moore, 3 to go to the magistrate and ask the magistrate to 4 review evidence and the magistrate make an independent 5 determination as to whether to issue a warrant? Was 6 that illegal for her to do? 7 A I don't feel I'm qualified to answer that. 8 Based on the people who are in authority who made that 9 decision, it wasn't. 10 Q Right. Wouldn't you agree with me that all 11 citizens of the county have a right to at least---? 12 Not to take out the charges themselves. I'm not 13 talking about that. If you're a citizen of Rockingham 14 County, don't you have the right to go to a Rockingham 15 County magistrate and simply ask and say, "Here are 16 the facts as I know them to be . . ." 17 A Uh-huh. 18 Q ". . . and I'm asking you, as a judicial 19 officer, to make an independent determination whether 20 there's probable cause a crime has been committed"? 21 You have to agree with me, I would assume, 22 that a citizen of Rockingham County has that right, as 23 a citizen, to go to the magistrate, don't they? 24 A The way I understand it is that in North 25 Carolina--- 52 1 Q Yes. 2 A ---they do have that right--- 3 Q Thank you. 4 A ---without first being reviewed by the 5 district attorney. 6 Q Correct. You're absolutely right. They do 7 have that right. And you were here when Mrs. Moore 8 testified that she took to the magistrate the police 9 report and a copy of the statute. Did you hear her 10 say that? 11 A Yes. 12 Q All right. And I asked her, "Did you say 13 anything else?" and she answered, "No." Did you hear 14 that? 15 A (No response from witness.) 16 Q You have to answer yes or no. 17 A Yes. 18 Q Do you have any evidence, as you sit here 19 today, that she is not telling the truth when she 20 answered those two questions? 21 A No. 22 Q And the magistrate did indeed issue the 23 warrant, is that correct? 24 A Yes. 25 Q Okay. 53 1 MR. COHEN: Do you have the warrant? 2 MR. HUX: I've got the original. 3 (Thereupon, Deposition Exhibit Number 4 is 4 marked for identification.) 5 Q Take a look at 4. Is that the warrant that 6 you were served with? 7 A Yes, it looks similar. 8 Q And it says at the top, "I understand" - "I, 9 the undersigned -" excuse me - "I, the undersigned, 10 find that there is probable cause to believe that on 11 or about the day of offense shown and in the county 12 named above, you unlawfully and willfully did," and 13 then that's typed, and then written in here "pull up 14 and remove advertisement signs for Brad Miller's 15 election on property that the defendant did not 16 possess, in violation of N.C.G.S. section 14-384." 17 And it's signed - there's a signature, and it's 18 checked under "Magistrate," and it's Wentworth 19 District. Is that what it says? 20 A Uh-huh, yes. 21 Q And it says Debra Moore is the complainant, 22 is that right? 23 A That's correct. 24 Q And as we said, Debra Moore said she 25 presented the magistrate with this police report and 54 1 the statute, and you've just sat here and said you 2 have no evidence that that's not true, yet you have 3 filed a lawsuit against her for malicious prosecution? 4 A Uh-huh. 5 Q In order to succeed, you have to show there 6 wasn't probable cause to believe that you committed 7 this crime. I'm sure your lawyer has told you that. 8 Given what we have just discussed, why did you - why 9 did you charge her with malicious prosecution? 10 A Because I felt it was malicious. 11 Q Do you believe there was probable cause to 12 believe not that you did it--- Now this is - I just 13 want to be - I'm not trying to trick you. 14 A Uh-huh. 15 Q I'm not asking you whether you did or did 16 not violate the law. What I'm asking you is, you 17 would agree with me, wouldn't you, that there was 18 probable cause to believe that you had broken this law 19 and that now it would be up to a judge or a jury to 20 make that final determination? You would agree with 21 me on that, wouldn't you? 22 A Well, I think - I believe that she made the 23 statement, and the reason it was dismissed is because 24 she had no nexus in the case. She was not affected by 25 this. She did not have any direct impact. So what - 55 1 that's what makes me believe that it was malicious. 2 Q Well, I understand that that's what the 3 district attorney advised her, and I understand the 4 district attorney took a voluntary dismissal, which 5 means the case can come back because it was dismissal 6 with leave. But my question is, wouldn't you have to 7 agree with me that when she went to the magistrate and 8 she had this police report, that she had probable 9 cause to believe that you had broken this law 14-384, 10 and that now a judge and jury would decide? You have 11 to agree with that, wouldn't you? 12 A Well, I look at all of the incidents that 13 occur in this county, and they say, well, you know, 14 there are certainly a lot more egregious laws that 15 have been gone against, so, you know, I guess my 16 question is, why is she not out there doing this to 17 all of them? She picked - she picked me, I believe, 18 because she had something to gain by it. Her husband, 19 who had run for office, was the next person in line. 20 Q Uh-huh. 21 A And if I stepped down or this became a real 22 problem for me, then, you know, her husband would step 23 into that position. 24 Q Well, we'll talk about that in a minute, but 25 that really wasn't my question. I mean you don't have 56 1 to take out a warrant for everybody that you think has 2 done something wrong. My question is, would you - 3 would you agree with me that based on this police 4 report and this statute, that Mrs. Moore, Debra Moore, 5 had probable cause to believe you had committed this 6 crime and that it was now up to the system, and the 7 system eventually decided, the DA, to dismiss it? But 8 would you agree with me that she had probable cause to 9 go to the magistrate and have him to review this 10 evidence? 11 MR. HUX: I think he's answered that. 12 MR. COHEN: No, he really hasn't. I kind of 13 want a yes or no on that one. 14 A No. 15 Q She did not have probable cause to believe 16 that? 17 A No. 18 Q All right. But the magistrate said he found 19 probable cause, didn't he? Is that what it says? 20 A Yes. 21 Q All right. Did you sue the magistrate for 22 malicious prosecution? 23 A No. 24 Q All right. Now do you believe, had you 25 stepped down, that Richard would have automatically 57 1 gotten the position on the school board? 2 A From my perspective, I think it would have 3 been dependent upon when I stepped down. If I had 4 stepped down before the 11th, before I was sworn in, 5 then he would have been the person to say, "I'm it," 6 you know, "I'm next in line." 7 Q Wouldn't it have been up to the County 8 Commissioners to choose? 9 A I don't believe so, not at that point. Once 10 I was sworn in, if I stepped down, then the school 11 board would have had to. 12 Q All right. And when were you sworn in? 13 A The 11th of December. 14 Q When was this issued? What's the date on 15 this? 16 A The 13th--- 17 Q Right. 18 A ---of November. 19 Q Right. So that couldn't be right. This is 20 two days afterwards. 21 MR. HUX: It's a month earlier. 22 MR. COHEN: Whoops. Sorry. It's what? 23 MR. HUX: A month earlier. 24 MR. COHEN: What's a month earlier? 25 THE WITNESS: When this was sworn out. 58 1 MR. COHEN: This is November 13th. 2 THE WITNESS: Right. 3 MR. HUX: He was sworn in December the 11th. 4 MR. COHEN: Oh, December the 11th. 5 Q You were sworn in December the 11th? 6 A Uh-huh. 7 Q And you believe, had you stepped down, he 8 automatically would have gotten it? 9 A Yes. 10 Q Based on what? 11 A Based on number of votes he had. 12 Q I know, but what are you basing the fact on 13 that there wouldn't have been another election or the 14 Commissioners wouldn't have had to---? 15 A Well, because the person hadn't been sworn 16 in. If I - if I stepped down after I was sworn in, 17 then I would have already been in the position. 18 Q I understand--- 19 A That's my understanding. 20 Q I understand. Where did you get that 21 understanding? Did someone tell you that, or is that 22 just your assumption that the next person in line 23 would---? 24 A Based on the things that I've read. 25 Q Okay. Can you tell me what you've read, 59 1 because I need to know? 2 A Oh, I don't recall everything I've read and 3 where I've read it, but it - we've been through - I've 4 been, you know, through a lot of documentation on this 5 addition of the five at-large candidates, and I - 6 based on the information I read in that material, I 7 believe that he would have been able to ask to have 8 that position because the position had not been filled 9 yet. 10 Q Okay. But you can't tell me where you read 11 that? 12 A No. 13 Q All right. I--- I'm sorry. 14 A Because he would have been the next highest 15 candidate. It would have - it would have, you know, 16 stepped down in order. 17 Q Or there could have been a special election 18 to fill the ones---? 19 A Oh, there could have been, yes. 20 Q Right. So how do you know that wouldn't 21 have happened, is what I'm asking you. 22 A Well, I don't. You know, I'm saying based 23 on what I've read and what I can remember, I believe 24 that that was the case. 25 Q All right. But you don't know, because I - 60 1 because I haven't read that--- 2 A Yeah. 3 Q ---and I'd like to know that. 4 A Uh-huh. 5 Q But you can't help me out with where you 6 read that? 7 A No. 8 Q All right. 9 A I think we'd have to go back to the law as 10 it was passed by the legislature in adding these 11 additional positions to the county school board. 12 Q And it's quite possible there would have had 13 to have been - do you agree with me that it's quite 14 possible there would have had to have been a special 15 election in which Richard Moore and everybody else 16 could have run to fill it? 17 A It's possible, sure. 18 MR. COHEN: All right. Mark that. 19 (Thereupon, Deposition Exhibit Number 5 is 20 marked for identification.) 21 Q Have you seen that newspaper article? 22 A Yes. 23 Q Okay. I asked you earlier. Did you say the 24 statement in here is incorrect? It says, "Gammon 25 reported the incident to the sheriff's office. Price 61 1 said Sheriff Sam Page called him about the signs and 2 told him to bring them to his office. Instead, Price 3 said he drove to the Reidsville Police Department, 4 where an officer searched his car and found the stolen 5 Miller signs." Are you saying that's incorrect? 6 A Where are you reading this? 7 Q Fourth paragraph from the bottom, "Gammon 8 reported." 9 A Okay. Are we on the same sheet? I think 10 that's different format. I see the--- 11 Q Oh. Oh, I see. 12 A I see the paragraph. 13 Q The last paragraph, yeah. 14 A I see the paragraph you're talking about. 15 Q Uh-huh. 16 A That's correct. That's an error. 17 Q That's an error. Okay. During a campaign, 18 do people ask to put signs in their yards? When you 19 ran, did people want to put signs in their yards for 20 you? 21 A For me to put---? Yes. 22 Q And did you give them a sign to put in their 23 yards? 24 A Yes, I did. 25 Q Do any of those people keep the signs later 62 1 as a souvenir? 2 A The ones that I can recall that I gave them 3 to gave them back to me. 4 Q You don't know of anybody who kept one? 5 A No. Well, everybody that I gave them too 6 asked me if I wanted the signs back, and I said yes, I 7 did. 8 Q Okay. If someone said, "Do you mind if I 9 keep the sign," would you let someone keep one of your 10 signs? 11 A Well, I would want to know why because, you 12 know, they cost me a lot of money, so, you know, if I 13 should choose to run again at the end of my term, I 14 would use those signs. So, you know, if I bought more 15 signs, these would just add to them or I would use 16 these signs. 17 Q Do you have any evidence to contradict what 18 Richard Moore testified to, that someone gave him one 19 of your signs? 20 A No. 21 Q All right. If that were true and someone 22 gave him one of your signs, is that the same, in your 23 view, as you pulling up the Brad Miller signs, or is 24 it a different situation, same situation? 25 A I think it's probably the same situation, 63 1 similar situation. 2 Q So you pulling up Brad Miller's signs from 3 the side of the road the night before the election is 4 the same as someone giving Richard Miller one of your 5 signs after the election is over, in your view? 6 A Yes. 7 Q How is it the same? 8 A Well, because he's got a sign that belongs 9 to somebody else or was in the possession of somebody 10 else. 11 Q Uh-huh. But I mean if someone gave - if 12 he's - according to his testimony, which you say you 13 have no evidence to contradict, if someone gave him 14 that sign, why wouldn't Richard be able to assume that 15 that person had ownership of the sign and gave it to 16 him? Why should he assume the person had stolen the 17 sign? 18 A I think you'd have to investigate that 19 further with Mr. Smith. 20 Q So before Richard took the sign, he should 21 have asked Mr. Smith where he got it and how he came 22 into possession of it, things like that? 23 A Well, I mean it had my name on it. 24 Q Right. 25 A Why wouldn't he just give it back to me? 64 1 Q If Mr. Smith gave it to him and if Mr. Smith 2 had ownership of the sign, why shouldn't Richard take 3 the sign as a gift? 4 A Well, how would he have ownership of it? 5 Q I don't know. Maybe you gave it to him. 6 I'm just saying how would Richard know where this guy 7 got the sign? Was he under a duty to inquire how he 8 came in possession of a campaign sign? 9 A Well, I think, you know, on one side he's 10 saying, "Well, you know, Ron Price, you stole signs, 11 but what I'm doing over here is okay," you know, "I've 12 got your sign, but it's all right." 13 Q Well, are you saying Richard stole that 14 sign, that Ron Price sign that he held at the parade? 15 Are you saying here that Richard Moore stole that 16 sign? 17 A Well, I think - I believe that the same 18 standards should be applied across both parties. You 19 know, he's saying I'm a thief because I moved - was 20 going to move signs that belong to - that were put out 21 by Miller's representatives. 22 Q I'm just saying are you saying that Richard 23 Moore stole the sign from you? 24 A Yes. Yes. 25 Q All right. So when--- What's the guy's 65 1 name that gave it to you? 2 MR. MOORE: Eric Smith. 3 Q When Eric Smith gave Richard Moore the sign, 4 in your view, your testimony is that Richard Moore 5 stole the sign from you? 6 A Uh-huh. Wouldn't that be possession of 7 stolen property? 8 Q I'm just asking your opinion. Do you 9 believe he stole the sign? 10 A Uh-huh. 11 Q That's a yes? 12 A Yes. 13 Q All right. Well, if he stole the sign, then 14 that means you stole the signs, right? 15 A So we're both thieves; is that what you're 16 saying? 17 Q That's my question, yes. Isn't that right? 18 I mean, you've just said that he stole the sign 19 because someone gave it to him, and you said that's 20 the same thing as what you did. Therefore, you also 21 stole the signs, correct? 22 A Therefore, we're either both thieves or 23 we're both innocent. 24 Q Correct. That's my question. That's - 25 you've just said he stole the sign, that he's a thief? 66 1 A Uh-huh. 2 Q So what I'm saying to you is, both of you 3 stole the signs, and both of you are thieves, so 4 there's no hypocrisy here. Isn't that right? That's 5 what you've just testified to, correct? 6 A If one is going to apply, then it needs to 7 apply to both. 8 Q So you both stole the signs, yes? 9 A Or we're both innocent. 10 Q But you've just said he stole it? 11 A Yeah. He's saying I'm - I stole it. 12 Q Correct. So you both stole the signs? 13 That's all I'm asking. Right? You both stole the 14 signs? 15 A Okay. 16 Q Okay. 17 A And we're both innocent. 18 Q Well, you've just sued him for stealing the 19 signs. 20 A Yes. 21 Q I mean you've just sued him because he said 22 you stole the signs? 23 A Uh-huh. 24 Q And you've just admitted that he stole your 25 sign and what you did was the same thing he did. So 67 1 both of you-all stole the signs. So how are you - why 2 are you suing him for defamation? 3 A But the difference is that he kept my sign. 4 I was taking them over to DOT. I wasn't planning to 5 keep those signs. I had no use for those signs. 6 Q Okay. So you believe in order to say 7 someone stole something, that person has to keep it? 8 A Yes. 9 Q So if you steal it and give it to someone 10 else, you haven't stolen it, right? Is that - is that 11 what you're saying? You steal it and give it to 12 someone else, you haven't stolen, is that right? 13 A Well, I don't know. I wasn't giving it to 14 someone else. 15 Q How about if you---? 16 A I was giving it--- 17 Q I'm sorry. 18 A I was making it available to the people who 19 originally had it. 20 Q And you said you took them to DOT to make it 21 more difficult for them to get out before the 22 election, right? Right? 23 A Yes. 24 Q And you have admitted on your blog that that 25 was wrong to do, right? 68 1 A That's correct. It was not good 2 sportsmanship. I did not view that as a good, proper 3 political move. 4 Q But you didn't steal the signs? 5 A I did not. 6 Q When Richard Moore says you stole the signs, 7 he's committed defamation, right? 8 A That's correct. 9 Q But it's all right if you sit here and say 10 Richard Moore stole the signs because someone gave him 11 a sign and he kept it? So you can say Richard stole 12 signs, is that right? 13 A Well, my belief is or my understanding of 14 libel is that when you go around printing and saying 15 those things in public venue. Now I haven't gone to 16 anybody and said, "Listen, you know -" I haven't gone 17 on WGSR and said, "Listen, listeners of Reidsville, 18 Richard Moore has stolen my sign." I have not done 19 that. I haven't - not - I have not run newspaper 20 articles to say that he has stolen something from me. 21 Q But you equate what you did in removing the 22 signs with Richard receiving the one sign after the 23 election? To you, they're similar? That's a--- 24 A Yes. 25 Q All right. Okay. 69 1 MR. HUX: You've got to remember he's a 2 layman. 3 MR. COHEN: As is Richard Moore, correct, 4 which is kind of important in this case. 5 A Except that, you know, I did not initiate a 6 suit against someone, and I was not out there--- 7 Q You didn't initiate a suit? You've sued 8 him. 9 A Well, he initiated first. 10 Q Has he sued you? 11 A Well, his wife; I mean they're acting in 12 concert. 13 Q You would agree with me, wouldn't you, that 14 there's a difference in the legal term "to steal" - 15 "larceny," "to steal"? Would you agree with me 16 there's a difference legally how lawyers view that and 17 as a layman to say so-and-so stole something? 18 A I would hope not. 19 Q Oh, you don't think there's a difference in 20 meanings? 21 A I would hope that, you know, the law or 22 legal definition would be the same. 23 Q So you think when everyday people - you 24 believe when everyday people walk around and we're 25 talking and I say so-and-so's a thief--- Let me back 70 1 up. 2 Let's say you're talking to Joe Blow, the 3 owner of the grocery store, and Joe Blow says, 4 so-and-so's a thief, so-and-so stole something from 5 me. Do you think Joe Blow, the owner of the grocery 6 store, understands the legal - the essential elements 7 of larceny in the State of North Carolina? Do you 8 think he knows that? 9 A Well, I don't think he's applying it in that 10 case. 11 Q Right. 12 A It's a liberal--- 13 Q It's a liberal - when he said he stole it--- 14 A ---view of interpretation. 15 Q Yeah. He's saying that - he's saying that 16 as the guy that owns the grocery store, right? 17 A Uh-huh. 18 Q Is that right? Yes? 19 A Yeah. 20 Q All right. Is Richard Moore a lawyer? Is 21 he a lawyer? I'm asking you, is Richard a lawyer? 22 A No. 23 Q All right. So if Joe Blow, the grocery man, 24 can talk in a liberal interpretation, why can't 25 Richard Moore talk in a liberal interpretation? Why 71 1 are there two sets of rules, one for Richard Moore and 2 one for Joe Blow at the grocery store? 3 A Well, the man in the grocery store is not 4 running a newspaper, he's not maintaining a web site, 5 he's not going on TV--- 6 Q Okay. Got you. 7 A ---and making these proclamations. 8 Q All right. So to you, the difference in 9 Richard Moore in this case and Joe Blow, the grocery 10 store owner, is that Joe Blow, the grocery store 11 owner, has said it to you in a liberal layman's term, 12 but Richard has said it in a different forum, which 13 changes things because Richard has said it on 14 television and in the newspaper, so that now makes it 15 different. Is that what you're trying to say? 16 A Yes. I would--- 17 Q Okay. Would you be surprised to know that 18 the law of defamation doesn't make that distinction, 19 at least in all the cases I've read? 20 A I'm not a lawyer, so I don't know. 21 Q I understand that. Had Richard Moore - 22 based on what we just talked about, let's say Richard 23 had told people that walked into his bookstore, "Oh, 24 man, that Ron Price, he's a thief. He stole the 25 signs." You know, people come in and they're talking, 72 1 and the guy says, "Yeah, I don't like that Ron Price," 2 and the next guy says, "Oh, I like Ron Price. He's no 3 thief," blah, blah, and they argue. Some people liked 4 you; some people didn't. And that's all Richard did. 5 He didn't put it on the internet, he didn't put it in 6 the newspaper, he didn't put it on television. Would 7 you have sued him? 8 A I wouldn't have known about it. 9 Q Well, let's say the guy that he told in his 10 store came to you and said, "Richard Moore just told 11 me you were a thief and stole a sign," you know. 12 A I don't think so. 13 Q You don't - you wouldn't have sued him. You 14 wouldn't have sued him, would you? 15 A (Witness nods head affirmatively.) 16 Q Is that a yes? 17 A Yes. 18 Q All right. You sued him because he put it 19 on TV and he put it in the newspaper and on the 20 internet. That's why you sued him, correct? 21 A Yes. 22 MR. COHEN: Okay. Let me take a minute and 23 talk to my client. 24 (Thereupon, a recess is taken from 3:16 p.m. 25 to 3:23 p.m.) 73 1 Q Let me ask you, Mr. Price, did you or your 2 attorney send a letter to Richard Moore or his paper 3 or the television station prior to filing the lawsuit 4 asking them to make a retraction? 5 A No. 6 Q Okay. 7 A I spoke for myself. 8 Q Well, do you know - have you ever seen a 9 letter such as that? Do you---? 10 A Have I ever seen one? 11 Q Well, you didn't send it, correct? 12 MR. HUX: For the record, no letter was 13 sent. 14 MR. COHEN: Okay. Thank you, because that 15 affects the damages. 16 Q Which, speaking of damages, look at the 17 first exhibit, the answers to the interrogatories. 18 Well, let me back up a minute. I'm sorry. Let me 19 mark the complaint. 20 (Thereupon, Deposition Exhibit Number 6 is 21 marked for identification.) 22 MR. COHEN: Do you want another copy of the 23 complaint? 24 MR. HUX: No, thank you. 25 Q Take a look at this. 74 1 MR. COHEN: What's that marked? Six? 2 THE COURT REPORTER: Uh-huh. 3 Q Is that the lawsuit that was filed on your 4 behalf? 5 MR. HUX: I don't think he's ever seen the 6 summons. 7 Q Don't worry about the first two pages. Just 8 start with the third page, "Complaint." Read 9 paragraphs 1 through 7 to yourself. 10 A (Witness complies with request.) Uh-huh, 11 yes. 12 Q All right. And then look at Exhibit 1, 13 which is the answers. And you see question 1(a), 14 "Name, addresses, telephone numbers of anyone with 15 information regarding allegations contained in 1 16 through 7." Those are the paragraphs you just read, 1 17 through 7? 18 A Uh-huh. 19 Q And then that's the one we've already been 20 over. It says, the answer, "It's difficult to answer 21 this question because most of the defendant's 22 slanderous and libelous allegations were made live on 23 the air during his 'Political Soup' television 24 program, and they would certainly include -" and then 25 you name these people that we've gone over. 75 1 A Uh-huh. 2 Q So I understand your complaint, the first 3 cause of action, slander, are you talking about the 4 statements that are---? Flip that page. Are you 5 talking about those statements and on the following 6 pages? Is that what that first cause of action is 7 about? It says - well, I'm sorry - (b) says, "Set 8 forth each alleged slanderous statement made by 9 Richard Moore, and state the time and place." This 10 subsection seeks information with regard to paragraph 11 1 through 7, and then the next page you have "Answer," 12 and you have "December 7, December 13, December 20, 13 January 7, January 20, January 27, March 21, April 4." 14 All those were on his TV show, is that---? 15 A Uh-huh. 16 Q Yes? 17 A Yes. 18 Q All right. Okay. Now for the internet, 19 you've - your complaint has an internet defamation 20 claim too. Are you talking about the fact that he 21 put---? 22 MR. COHEN: Was it Number 54 of The Neely 23 Chronicle? Was that the one? 24 MR. MOORE: Uh-huh, the last one. 25 Q Is the internet claim based upon Richard 76 1 Moore putting that Number 54 edition of The Neely 2 Chronicle on the internet for folks to read? Is that 3 what that's based on, the internet claim? 4 A No. He had excerpts from The Chronicle--- 5 Q Right. 6 A ---displayed on his web site. 7 Q Right. That's--- 8 A Some of it. There were - there were 9 modifications, additions. Not all of what was on the 10 internet was what was in the newspaper. 11 Q Okay. What in particular on the internet 12 are you saying was defamatory, in addition to The 13 Neely Chronicle excerpts? 14 A Well, the stuff that was on there. I sent 15 you--- Oh. 16 Q What you sent me? Well--- 17 MR. HUX: The Buddy Ron stuff. 18 MR. COHEN: The what? I'm sorry. 19 MR. HUX: The Buddy Ron stuff. 20 MR. COHEN: Buddy Ron stuff. All right. 21 Q That was on the internet, but not in The 22 Neely Chronicle? 23 A We'd have to look. 24 MR. HUX: No, I think it was in both. 25 MR. COHEN: In both? Okay. 77 1 MR. HUX: Yeah. 2 Q So my question is, can you tell me what is 3 the internet defamation information that was not also 4 a part of The Neely Chronicle, specifically? 5 A Well, I'd have to sit down and compare it 6 side by side. 7 MR. COHEN: Do you know? 8 MR. HUX: No. There's stuff in here. 9 There's the little - little blurbs that he uses 10 to introduce different topics--- 11 MR. COHEN: Okay. 12 MR. HUX: ---that he adds on the internet 13 that introduce articles that come out of The 14 Neely Chronicle. 15 MR. COHEN: So they're more headlines? 16 MR. HUX: They're headlines. They're 17 captions under the pictures, stuff like this. 18 That's not from The Neely Chronicle. 19 MR. COHEN: Okay. All right. 20 MR. HUX: It's just - that's just pulled out 21 of somewhere; Ether, I think it is. 22 MR. COHEN: Okay. 23 MR. HUX: Plus, not to try to answer, but he 24 also has all of the "Political Soup" programs on 25 the web site that you can buy, and if you call 78 1 up - call up the - all the "Political Soup" 2 things--- 3 MR. COHEN: Okay. From the television 4 stuff? 5 MR. HUX: For a price, yeah. 6 MR. COHEN: From the television show? 7 MR. HUX: On the internet. 8 MR. COHEN: On the internet. Okay. 9 MR. HUX: Because it's not - it is certainly 10 The Neely Chronicle, but it's not just The Neely 11 Chronicle. 12 Q All right. But other--- Let me put it this 13 way. Other than The Neely Chronicle and a 14 reproduction of what was on television--- Put those 15 to the side. Other than The Neely Chronicle and the 16 things that were on television, are you saying that 17 the internet libel action independent of those two 18 consists of headlines and captions? 19 A Well, no, because each one of these links go 20 to specific material, and some of that is different 21 than what has been both on the newspaper and on the 22 TV. 23 Q Well, let me - I guess it's easier to back 24 up. Have you given me, through discovery - through 25 the interrogatories and the document production, have 79 1 you produced to me everything you contend in this 2 lawsuit was defamatory? 3 A Yes, uh-huh. 4 Q All right. That's all I need. All right. 5 In the Exhibit 1, when I asked about 14, "Damages set 6 forth"--- And this is the page before the answer, the 7 fourth page from the end. 8 MR. HUX: Is this the complaint or the 9 answers? 10 MR. COHEN: No. 11 A This is the interrogatories, fourth one from 12 the end? 13 Q Yeah, fourth page from the end. You see 14 "14," "Set forth in detail all categories of damage 15 for which plaintiff seeks recovery and for each 16 subcategory itemize each item of damage." And you say 17 you've been "ridiculed, slandered, libeled, publicly 18 castigated by the defendant on television, in print, 19 in person, [and public religious -] and a public 20 religious parade." "The complaint lists every amount 21 of damage broken down by item," and I've looked 22 through the complaint, and all I could see is that 23 you're seeking more than $10,000 in damages for 24 various claims. So my question - let me start out 25 like this: Have you lost any employment because of 80 1 any of the alleged defamation, any employment 2 opportunities? 3 A Yes, I believe so. 4 Q What are they? 5 A Well, as I said, when I came up here, I had 6 contacts with people. I went out to California to 7 talk to them about this Nations Pharmaceuticals, 8 selling drugs or pharmaceuticals and the other 9 services that they provide like laboratory management 10 for doctors, in doctors' office dispensing, lien - 11 medical lien funding. These are all services we 12 provide. But, you know, for me to go in and talk to a 13 doctor with these - these statements that have been 14 made about me and everybody's aware of because they 15 watch it on TV, or they - somebody will bring a Neely 16 Chronicle in and point it out to them. I think that's 17 definitely had an impact on me being able to do 18 business. 19 Q Well, let me ask, you told me you weren't 20 currently working for the pharmaceutical company. Are 21 you working for them now? 22 A Yes. 23 Q I thought at the very beginning I asked if 24 you were employed by anyone other than the school 25 board? 81 1 A I - I do not work for them. I'm a 2 commissioned salesman. 3 Q All right. Are you currently doing 4 commissioned sales? 5 A No. 6 Q All right. When is the last time you 7 attempted to make a sale? 8 A Around September. 9 Q Of---? 10 A Of 2006. 11 Q All right. And you were elected to the 12 school board when? In November? 13 A In November, yes. 14 Q All right. Has anyone told you they would 15 not do business with you because of the alleged 16 defamation? 17 A No. 18 Q So do you have any evidence other than your 19 feelings - do you have any evidence that anybody 20 wouldn't do business with you? 21 A I don't have any sworn testimony from people 22 who said, "I won't do business with you." 23 Q I mean, do you have any evidence whatsoever? 24 Do you have a document? Do you have an affidavit? Do 25 you have anything? 82 1 A No, I do not. 2 Q So you can't really say that you've lost 3 wages, can you? 4 A Well, I can say it because I feel it. 5 Q Can you prove it? 6 A I can't prove it. 7 Q Okay. You can say anything you want. 8 MR. HUX: You've got to phrase your 9 questions the right way. 10 Q You can say it. You agree with me, you 11 can't prove it? 12 A I agree I can't prove it. 13 Q All right. Have you gone to a therapist 14 because of the alleged defamation? 15 A No. 16 Q Have you gone to a psychologist? 17 A No. 18 Q Psychiatrist? 19 A No. 20 Q Do you have any - has your family physician 21 or anyone diagnosed you with any mental health 22 problems? 23 A No. 24 Q Do you take any medications because of the 25 alleged defamation? 83 1 A No. 2 Q You go to church in town? 3 A Yes, I do. 4 Q Have you been thrown out of your church? 5 A No. 6 Q Are you a deacon? 7 A No. 8 Q Have you been prevented from doing anything 9 in church? Has anyone - what kind of church is it? 10 A I go to--- 11 Q Methodist? Baptist? 12 A ---a Baptist church. 13 Q Has any - the preacher or anybody told you 14 that they wouldn't allow you to take a certain 15 position because of these allegations? 16 A That's being resisted right now. 17 Q I'm sorry? 18 A That's being resisted. I don't know what 19 the - what the ramifications are. When I was in 20 Florida, the last two churches I was in, I was a 21 deacon. 22 Q Okay. 23 A When I came here, my wife and I went to the 24 church for a period of time, about a year, and the 25 pastor, who was seventy-four years old, took ill and 84 1 had to resign. For the last, well, almost a year now, 2 we've been without a pastor. We've had one deacon 3 resign. We had two, and there's one person in 4 position, and it's been discussed about me becoming a 5 deacon. 6 Q Okay. 7 A And there's been some resistance from some 8 factors in the - in the congregation. 9 Q Have they told you what the resistance is 10 based on? 11 A No. 12 Q So you don't know? 13 A I don't know that that's the cause. 14 Q You don't know that's the cause. So, again, 15 regardless of how you may feel, you can't prove that 16 your reputation in the church has been harmed, can 17 you? 18 A No. 19 Q All right. Have any of your friends stopped 20 going to dinner with you or going out with you? 21 A No. 22 Q Do you play golf? 23 A No. 24 Q Okay. Didn't affect your golf game. What 25 kind of hobbies do you like to do? 85 1 A I don't know. I guess it's primarily taking 2 care of my grandchildren. 3 Q Okay. Your grandchildren still love you--- 4 A Yes. 5 Q ---despite the alleged defamation? 6 A Well, my grandchildren still love me, but, 7 you know, when this first started coming out, my 8 grandchildren, you know, they would ask me about this, 9 my being caught stealing signs--- 10 Q Right. 11 A ---and, "Grandpa, why were you stealing 12 signs?" 13 Q And did you explain it to them the way you 14 wanted to? 15 A Yes. 16 Q And they understand your position now? 17 A I'm not so sure. You know, it's still a 18 question in their mind, you know. 19 Q How old are they? 20 A Well, I've got a granddaughter who is 21 twelve. 22 Q Okay. 23 A I've got a grandson who is seven. Those are 24 the two who are primarily impacted. 25 Q Okay. What are your categories of damage? 86 1 Explain to me how you've been damaged moneywise. Can 2 you break it down into---? Let me strike that. 3 How much money are you asking for in this 4 case? 5 A Two hundred and fifty thousand dollars. 6 Q All right. What's that based on? 7 A Based on punitive damage and the - and the 8 seven articles or seven items listed in the--- 9 Q Okay. Break down the two hundred and fifty 10 for me. Like, why two hundred and fifty? What's that 11 based upon? 12 A The libel, the slander, the besmirching my 13 character. 14 Q Okay. I mean more like if - if you could 15 prove that you had lost $100,000 in business, and, you 16 know, there'd be the nexus, $100,000 lost wages, or if 17 you had - in a car accident you have medical bills, so 18 you go into court and say, "I've got $30,000 in 19 medical bills." How do you - where do you get the two 20 fifty? What's that based on? Like, ten thousand for 21 what, fifty thousand for what? Is there - is it 22 connected to anything, or is that just a figure pulled 23 out of the air? 24 A No. We felt that - I felt that that was 25 reasonable compensation. 87 1 Q Based upon what? Why do you deserve 2 $250,000? Why should a jury give you $250,000? 3 A Well, because if I - if I go - in my 4 previous jobs, some of those jobs require that I have 5 a top-secret clearance. Example: I applied to the 6 county jail because I want to go in there and to 7 mission work, and I have to fill out an application, 8 and one of the first things is, have you ever been 9 charged with a crime. 10 Q Uh-huh. 11 A And, you know, basically I have been, from 12 what my attorney tells me. The charges that were 13 brought against me in the summons by Mrs. Moore have 14 charged me with a criminal offense. 15 Q Charge you, but it's been dismissed? 16 A Right. 17 Q So - and you know that you could get that 18 expunged--- 19 A Expunged? 20 Q ---if you wanted to. But, anyway--- 21 A Well, how much would an expunge - how much 22 would it cost to have it expunged? 23 A I can't do it for you. I represent Richard. 24 But I don't charge all that much. I charge a hundred 25 and fifty bucks. 88 1 MR. HUX: You'd better go see him. 2 MR. COHEN: He's more pricey than I am. I 3 don't charge much for expungements. 4 Q Anyway, do you realize because you didn't 5 send the letter, that you're not entitled to punitive 6 damages for certain of your claims? Are you aware of 7 that? 8 A No, I'm not. 9 Q What would the punitive damages be for? Why 10 are you - do you know what punitive damages are? 11 A No, but my attorney does. 12 Q Well, I mean you said the two fifty was 13 based on punitive damage. I just saying do you know 14 what punitive damages are. 15 A I'm thinking as - because of the actions 16 that were taken. 17 Q All right. I'm almost done. You said 18 earlier you don't dispute that you pulled down - 19 lifted up, pulled down Brad Miller's signs, right? I 20 mean, that's--- 21 A That's right. 22 Q And you were going to take them to the DOT, 23 you testified, because this was the night before the 24 election and by the time the DOT got in touch with the 25 Brad Miller campaign, basically the election would be 89 1 over, so it made it more difficult for them to put 2 them back? 3 A Oh, they would have been able to do it. I 4 felt that, you know, they would - they would get 5 notified and they would have time to get them and put 6 them out. 7 Q Okay. But you said in the newspaper 8 articles and you've said here, more importantly - you 9 said you did take them there because it would make it 10 more difficult for them to get them back in the ground 11 than had you just left them on the ground? 12 A Yes. 13 Q All right. So, I mean, that was your 14 purpose, to make it more difficult for them to get 15 back in the ground, is that correct? 16 A That's correct. 17 Q Well, if this statute says that a person who 18 wantonly or maliciously pulls down signs not belonging 19 to them is guilty of this crime, if a jury were to 20 determine that that was wanton of you for trying to 21 delay them getting back into the ground, then you 22 would have violated the statute, wouldn't you? 23 A Let me put on my law cap here. 24 Q Okay. 25 A I don't - I don't think I can answer that. 90 1 The--- 2 Q Well--- Go ahead. I'm sorry. 3 A This - when I - as I said, when I went 4 through the financial training course for the 5 candidacy for the school board, there were state 6 statutes that were quoted we were - we were told 7 about, which said that it was unlawful and it was 8 unauthorized for anyone to put signs in a public 9 right-of-way. 10 Q And you've admitted doing that. You've 11 admitted doing that, right? 12 A Yes. 13 Q All right. So you violated that law, didn't 14 you? 15 A But, you know, I was expecting that, you 16 know - as a said, a gentlemen's agreement was if I--- 17 Q I understand. But you violated--- I'm 18 sorry. 19 A ---put them up--- 20 Q I'm sorry. 21 A Okay. 22 Q I'm sorry. No, finish. Finish. I don't 23 mean to stop you. 24 A Uh-huh. 25 Q You - you've admitted violating that 91 1 particular statute? You put signs up in the 2 right-of-way, right? You put up Vernon Robinson signs 3 in the right-of-way, right? 4 A Well, yeah. But the statute says that it's 5 unauthorized, it's illegal, to put those signs up 6 where they're used as a highway marker or a sign 7 governing traffic control, things like that. 8 Q Okay. 9 A It says it's - it's not authorized for those 10 signs to be in the public right-of-way. 11 Q Well, I'm confused now. At the beginning of 12 this deposition you were very clear that, in your 13 view, it was illegal to put signs up in the 14 right-of-way, and you took the Miller signs down, but 15 when you put the Robinson signs back up, you were 16 forced to agree with me that if they were illegal for 17 the Democrats, they were illegal for the Republicans. 18 So it's either illegal for both Miller and Robinson or 19 it's not - or it's - it's either legal or not legal 20 for both of them, right? 21 A And I believe what I said and what I was 22 trying to get across was--- 23 Q Okay. 24 A ---that it was kind of a gentlemen's 25 agreement, you know, people put their signs in the 92 1 right-of-way. 2 Q Okay. Forget the gentlemen's agreement. 3 I'm talking about you said you thought it was illegal 4 to put signs in the right-of-way, and if it's illegal 5 to put signs in the right-of-way, then you violated 6 that law. 7 A Well, it's not illegal. It says 8 "unauthorized." You're not authorized to put signs in 9 a public right-of-way. It's illegal to put signs that 10 control traffic or--- 11 Q Okay. So then Brad Miller had not - his 12 people had not violated any law when they put his 13 signs in the right-of-way, right? 14 A They said they were unauthorized, so 15 unauthorized signs should be taken down. 16 Q All right. So you should have taken down 17 the Robinson signs you stuck up? 18 A I figured - my thought was that somebody 19 else was going to do that during the night. 20 Q Come on, Mr.--- 21 A The very people who did--- 22 Q Come on, Mr. Price, you can't have it both 23 ways. If it's wrong for the Miller signs to be in 24 hole number A, it's wrong for the Robinson signs to be 25 in a wrong [sic] number A, right? Come on. 93 1 MR. HUX: Seth, you've asked this four 2 times. 3 MR. COHEN: I know it. The last time, and I 4 promise I'll never ask again until we get to 5 trial. 6 MR. HUX: I mean you got the answer you want 7 three hours ago. 8 MR. COHEN: Yeah, you're right. I did. 9 You're right. Thank you. 10 MR. HUX: You've got everything you need. 11 MR. COHEN: Thank you, professor. 12 Q All right. 14-384 doesn't say anything 13 about right-of-ways, does it, the statute I just 14 handed you, the one---? 15 A No. 16 Q And it doesn't say anything about taking 17 them away and taking them home and keeping them, does 18 it? 19 A No. 20 Q All right. It says if you wantonly or 21 maliciously tear down a sign that's not on your 22 property, you're guilty of the statute. That's what 23 it says, right? I mean, that's what it says? 24 A But do not these statutes work hand-in-hand, 25 and are there not other statutes that will go 94 1 hand-in-hand with this one? 2 Q I'm just asking you about the statute that 3 you were charged with. This is the only one that she 4 charged you with, and that's what this one says, 5 right? 6 A Uh-huh. 7 Q All right. Now would you be surprised to 8 know that Webster's defines "steal" as to take the 9 property of another wrongfully and especially as a 10 habitual or regular practice, but to take the property 11 of another wrongfully? That's not a legal definition, 12 is it? That's just Webster's, right? 13 A Uh-huh. 14 Q And you've agreed with me before that 15 sometimes people use terms like "steal" or "thief" 16 liberally, is that right, liberally meaning not in a 17 legal sense? People do use those terms not in a legal 18 sense, correct? 19 A That's correct. 20 Q All right. And Richard Moore never said you 21 were guilty of larceny, did he? You don't have any 22 statement that you've given me that says Richard Moore 23 or Debbie Moore said you were guilty of the crime of 24 larceny, did they? 25 A I don't know. I guess it's the definition 95 1 of larceny and thievery. 2 Q I'm talking about that word. Have you given 3 me anything that says that they said - Richard and 4 Debbie Moore said you were guilty of larceny? It's 5 not here, so I'm asking do you have it somewhere? Do 6 you have any evidence that they said you were guilty 7 of larceny? 8 A Well, now Mr. Moore read this statement 9 before the school board, which said that I was charged 10 with larceny. 11 Q Said you were charged with larceny. Well, 12 that's the police report. He read what was on the 13 police report? 14 A Yeah. Yeah. 15 Q That's - you know, that's - he's read what 16 was on the police report. That doesn't say you did 17 it. It said - that's the caption there. You've 18 already explained that to me. 19 A Uh-huh. 20 Q I'm saying when you answered my 21 interrogatories and when you gave me documents, 22 there's no evidence Richard Moore said on the web site 23 or on TV or in the newspaper - he never said, "Ron 24 Price is guilty of the crime of larceny," right? 25 A Not that I can recall at this time. 96 1 Q Right. He said you stole the signs, right? 2 That's what he said? 3 A Yes. 4 Q And he said you were a thief? 5 A Uh-huh. 6 Q That's basically what this case is about 7 right? 8 A Right. 9 Q When all is said and done, this case is 10 about - the defamation part is about Richard Moore 11 saying you're a thief and you stole the signs, right? 12 That's what the case is about? 13 A Uh-huh. 14 Q Is that a yes? 15 A Yes. Yes. 16 MR. COHEN: All right. Do you need to say 17 anything to me? 18 MR. MOORE: Do I need to say anything to 19 you? 20 MR. COHEN: Yeah. Do you have anything you 21 want to talk to me about? Otherwise I'm done. 22 MR. MOORE: No, sir, I don't. 23 MR. COHEN: Then I'm done. I'm done. Do 24 you have anything? 25 MR. HUX: No. All my questions have been 97 1 asked and answered. 2 - - - - - - - - 3 STIPULATION 4 It is hereby stipulated and agreed by and 5 between the parties of this proceeding that the 6 reading and signing of the transcript be and the same 7 are not hereby waived. 8 - - - - - - - - 9 AND FURTHER DEPONENT SAITH NOT 10 (Deposition completed: 3:51 p.m.) 11 - - - - - - - - 12 13 14 15 16 17 18 19 20 21 22 23 24 25 98 1 WITNESS CERTIFICATION 2 I, Ronald Filer Price, hereby certify, 3 That I have read and examined the contents 4 of the foregoing 97 pages of record of testimony as 5 given by me at the time and place herein 6 aforementioned; 7 And that to the best of my knowledge and 8 belief, the foregoing 97 pages are a complete and 9 accurate record of all of the testimony given by me at 10 said time, except as to where noted on the attached 11 errata addenda. 12 13 14 _______________________________________ 15 Ronald Filer Price 16 17 Sworn to and subscribed before me, 18 this the _________ day 19 of ________________ 2007. 20 21 _____________________________________ 22 Notary Public 23 My Commission Expires: 24 25 99 1 E R R A T A S H E E T 2 IN THE MATTER OF: RONALD PRICE vs. RICHARD J. MOORE 3 AND WIFE, DEBRA T. MOORE 4 CASE NUMBER: 07 CvS 746 5 DATE TAKEN: NOVEMBER 15, 2007 6 WITNESS: RONALD FILER PRICE 7 PAGE-LINE READS SHOULD READ 8 ____|____|_________________|__________________________ 9 ____|____|_________________|__________________________ 10 ____|____|_________________|__________________________ 11 ____|____|_________________|__________________________ 12 ____|____|_________________|__________________________ 13 ____|____|_________________|__________________________ 14 ____|____|_________________|__________________________ 15 ____|____|_________________|__________________________ 16 ____|____|_________________|__________________________ 17 ____|____|_________________|__________________________ 18 ____|____|_________________|__________________________ 19 ____|____|_________________|__________________________ 20 ____|____|_________________|__________________________ 21 ____|____|_________________|__________________________ 22 ____|____|_________________|__________________________ 23 ____|____|_________________|__________________________ 24 ____|____|_________________|__________________________ 25 ____|____|_________________|__________________________ 99 100 1 NORTH CAROLINA 2 COUNTY OF GUILFORD CERTIFICATE OF OATH 3 I, Page Champion Roberts, CVR-CM, Notary 4 Public, in and for the County of Guilford, State of 5 North Carolina at Large, do hereby certify: 6 That there appeared before me the foregoing 7 witness at the time and place herein aforementioned; 8 that the foregoing pages numbered 1 through 97, 9 inclusive, constitute a true and correct transcription 10 of the proceedings. 11 I do further certify that the persons were 12 present as stated in the appearances. 13 I do further certify that I am not of 14 counsel for, or in the employment of, either of the 15 parties in this action, nor am I interested in the 16 results of this action. 17 IN WITNESS WHEREOF, I have hereunto set my 18 hand this the 8th day of December 2007. 19 20 21 ____________________________________________ 22 Page Champion Roberts, CVR-CM 23 Guilford County, North Carolina 24 Notary Certificate No. 19942340081