Free Reply to Response to Motion - District Court of Delaware - Delaware

Case1:04-cv-01394-GIVIS Document 258-3 Filed 06/23/2006 Page1 0f3
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_ 1 IN TH UNITED STATES DISTRICT COURT
l 2 Q IN AND FOR TH DISTRICT OF DELAWARE
3 Q · ' '
4 i CAPTAIN BARBARA L. CONLEY, : Civil Action
5 E Plaintiff, :
6 U v. :
7 5 COLONEL L. AARON CHAFFINCH, :
` individually, :
8 :
Defendant. : NO. 04-1394-GMS
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10 i
Wilmington, Delaware
11 , Wednesday, June 7, 2006
} 9:00 a.m.
12 I SECOND DA! OF TRIAL
CROSS AND REDIRECT OF DAVID BAXLOR ONLY
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E BEFORE: HONORABLE GREGORY M. SLEET, U.S.D.C.J, and a Jury
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Q APPEARANCES:
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THOM S S. NEUBERGER, ESQ.
18 1 The Neuberger Firm, P.A.
19 g Counsel for Plaintiff
20 Q STEPHANI_J. BALLARD, ESQ., and
RALPH K. DURSTEIN, III, ESQ.
21 _ Department of Justice - State of Delaware
-and-
22 Q JAMES LIGUORI, ESQ.
E Liguori, Morris & Yiengst
23 i
Counsel for Defendant
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25
EXHIBIT B

Cas 1:04-cv—01394-G|\/IS Document 258-3 Filed 06/23/2006 Page 2 0f 3
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1 TH COURT: Good morning, counsel. Counsel, are
2 we ready for the jury?
3 M . NEUBERGER: Yes, Your Honor.
4 THE COURT: Ms. Walker. I think you were U
5 i finishing up, Mr. Neuberger.
6 MR. NEUBERGER: I think I have finished.
7 l THE COURT: Major.
8 E ... DAVID LAWRENCE BAYLOR, having been
9 I previously sworn as a witness, was examined and
10 é testified further as follows ...
I
11 Z (Jury enters courtroom at 9:04 a.m.)
12 é THE COURT: Good morning, members of the jury.
? 13 E You may be seated. we will continue with the testimony of
14 i Major Baylor.
15 é THE COURT: we are now at the point actually of
16 5 cross-examination.
17 i CRDSS—EXAMINATION
18 BY MS. BALLARD:
19 Q. Good morning, Major Baylor.
20 g A. Good morning.
21 Q. I would like to thank you for c ming back today.
22 Sorry we couldn't finish you up yesterday.
23 F Just to refresh the jury on your background,
24 when did you retire fro Delaware State Police?
25 A. I officially retired April 30th, 2005. I went on

Case 1:04-cv—01394-G|\/IS Document 258-3 Filed 06/23/2006 Page 3 of 3
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I ..Baylor.—.croas
1 g A. He is the guy that pro oted me to Major. So that to
2 g me was special. And Aaron, the Colonel, I think by and
3 Q large is a good person. You know, we all made some
4 ` mistakes. But I think by and large he is a good person. I
5 i mean, that's all I can really say.
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6 This is an awkward position to be in.
7 Q. I understand.
8 A. I have been here last week and I am here this week.
9 This is tough.
10 Q. I was actually asking about, was he hu orous? Was he
11 lighthearted or more serious as work?
12 A. There were times when he was both. I have seen him as
” 13 intense as you can get. He has probably seen me the same
14 way. He was also able to at times bring a lightheartedness
15 to the workplace.
16 p Q. Now, there was so e discussion yesterday of Captain
17 Mary Ann Papili and her transfer from Troop 6 to Information
18 Technology? 3
19 A. Yes, ma'am.
20 Q. I believe plaintiff's counsel represented to you that
21 7 Mary Ann Papili was promoted by Colonel Pepper in 2001?
22 A. Yes, I believe she was promoted —— no.
23 Q. Isn't it actually correct that Mary Ann was promoted
24 by Colonel Ellingsworth?
25 A. That is probably true.