Free Response in Opposition to Motion - District Court of Arizona - Arizona

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Case 2:O2—cv—O2252-JAT Document 274-3 FiIed10/26/2005 Page10f4

, I 1\/EIKKELSEN V YUMA CO. Ccndeuselt! TM MIKKELSEN, RUBECCA I
I 51 Page 1 Page 3
I DEPOSITION OF RUHECCA MHCKEISEN I
2 UNITED STATES DISTRICT COURT
2 TAKEN AT [0:15 AM. DN APPJI, 29, 20[I3 AT 'I'H'.E OFFICE OF
3 DISTRICT OF ARIZONA
I ‘ 3 BONNETI`, FAIRBOURN, FIUEDMAN E: BAUNT, PHOENIX, AKEONA, :
4 .
` nzuezccn. mxxusmx, sunvrvzwc r 4 BEFORE CAROLYN H. STALLWOMH, A CEILHFLED COURT REPORTER IN
5 SPOUSE OF KELLY MIKKELSENV I _ _ ·j
E DECE2\5ED» src. . ar AL. , ; S AND FOR 'H-LE STATE OF ARIZONA. ` V ·
7 - 7 ` PLAINTIFFS. : - 6 THE PUL1N’[`[FFS RUBECCA , ETC. WERE I
· vs_ ) NO. CIV 01·2252—PH>¢—JAT 7 R.EPRESEN'I'ED BYAIALIESCLARLAWOMTEYATIAW, 5
9 J E
WMA COUNTY, A ¤0L.:‘rtc:1¤.L 1 8 THE PL¤.INT'IFF DENNIS MIKKEISEN WAS R.EPRESE@D BY I
9 SUBDIVIS IDN OF THE STATE OF J ‘ `
In AM ZONA, ET AL. . I 9 ICIHN A. MIC]-IEAELS, A`I`I‘0R.N'E'Y AT LAW.
I ` .
1 1 DEFBHDANTS . ; THE DEFENDANT YUMA COU’N'[`Y SI-EE1U.FPS OFFICE WAS
f ,
I I I R.E.PREEN'['E.D BYWILLIAM G. FALRBOURN AND BRANDON NEWTON,
12 ’1‘A·:L.0n 11 . mx, A muon mr :1211 J · - ‘ · ,
NEXT FRIEND Ama NATURAL M¤THE!=.. J 12 ATTORNEYS ATLAW. V Q
7 13 Truxcy mx-TANGA, J *
1 . 13 TI-EE DEFENDANF CORRECTIONAL PEALTH RESOURCES, INC. WAS
1 4 1=1.A1u·r1 FF, J ‘
15 V : 14 REPKESENTED BY JAMES W. BARNHOUSE, ATTORNEY AT LAW. '
5 . ‘ '
P 15 ALSO PRESENT: DENNIS MIKKELSEN AND GLORIA MHGCEEEN I
IE Y'U'M`.h. COUNTY, A BODY POLITIC OF }
THE STATE OF ARIZONA. ET AL . . 1 16 SI'lPU'[A'I`IONS Y
1 7 ) _ _
1 B uzrzwmaurs . 1 17 ITWAS STTPU'I.A'E'ED AND AGREED BY AND BETWEEN COUNSEL '
1 B 18 '['HATUHS DEPOSITION COU'[.D BE TAKEN AT THIS TIME AND PLACE:
` 19 'IHAT OB.|`EC'ITON'S WGULI) HE IN accom/mcz WITH THZE FEDERAL RULFS :
20 V PHOENIX, ARIZONA _ -
` 20 OF CIVIL PROCEDURE OF THE UNITED STATES DISTRICT COURT; THAT 2
21 ‘ APM;. 29, 2003 ' _ *
` 2]. THE W[`I'NE5`S MAY READ AND SIGN '[`1-ILS DEPOSITICIN. Q
22 10:15 A.M. _ -
2 2 =
23 . ‘ 2
` 23 RUBECCA MHCKEISEN
— 24 D1-ZPGS IT ION OF RUBECCA MIHKELGEN
2 5 24 HAVING BEEN DULY SWORN TO TELL THE TRU'l'H,·THE WHOLE '['RUTH AND
25 NOTHING BUT THE TKU'[`I·L ON HER OATH AS FOLLOWS:
` n Page 2 Page 4 ?
1 · INDEX 1 ameammxrxew ‘ -
2 WII'N ESS: RUBECCA MIKKELSEN PAGE 2 BY Ma. FAIRBOUZRN:
3 EXAMINATION BY MR. FALRBOURN; 4, 122 3 Q. comm You smwe Yew NAME, Bpmsm
r 4 EXAMINATION BY MR. BARNHOUSE: 115 4 A.aUeEccA MIKKELSEN. -
- _ 5 EXHIBITS 5 Q. RUBECCA, wave Y0U Evan GIVEN A DEPOSIZTION BEFORE? _
EX]-{IBIT F[R.S'I` MARKED FOR.
6 NUMBER DESCRIPTTON MENTIONED LDENHFICATION 6 A. ONCE. 2
7 7 WHAT WAS THE CIRCUMSTANCES OF THA']? l
8 78 LETTER 63 63 8 A rr was Fon K.ELLY'S ANKLE, REGARDING A ¤0cr0R ezacx Q
9 ‘ l · - 9 m Yuma ` Q
10 79 ORDER OF PROTECTION 69 69 I0 Q. new FAR me mm case mecazn BEFORE MR.
I I 1 1 MIKKEL.SEN'S DEATH?
i2 - 12 AI wcuw sayavm
13 ‘ 13 Q. was ma. Msmcensaw navesan IN TI-L·\T case? Z
14 14 A.‘YES. I L
. 15 15 WHO, DO YOU REMEMBER WHO THE LAWYER WAS THAT TOOK
16 _ 16 ms Deresmcwv I
·17 ` 17 A. HE WAS OUT OF TUCSON, I DON'T REMEMBER HIS NAME.
13 ` 18 DO YOU HAVE COPIES OF THE DEPOSITION THAT YOU
19 - _ 19 GAVE sw m.¤.T CASE? g
20 20 A N0.
21 I 21 Q, I mow mm You H/ave sm macucu M0sT, n= NOT
. _ 22 . · 22 ALI., THE DEPOSITIONS THAT HAVE BEEN TAKEN IN THIS CASE, SO
23 ` 23 SOME OF THE THINGS IAM GOING TO SAY MIGHT BE REPETITIVE. ·
24 24 BUT FIRST 0F ALL, I AM GREG FAIRBOURN, I
_ I 25 V ` 25 REPRESENT THE COUNTY, AND { THINK YOU KNOW THAT. _WHA'1` WE ARE
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Case 2:02—cv—02252-JAT Document 274-3 Filed 10/26/2005 - Page 2 of 4 I

MIKKELSEN V YUMA CO. Cundenseltl TM L/[IKKELS EN, RUBECCA C
* ‘ Page 57 Page 59 ‘
1 A. LET ME THINK ABOUT IT. I KNOW IT WAS IN MAY, I AND THEY WOULD RIDE THEIR SMALL ONES AND I-IE'D
2 BECAUSE IT WAS AFT ER MOTHEPJS DAY. 2 RIDE ALONG WITH THEM?
· · 3 THE POLICE ACCIDENT REPORT IS DATED 2000. WOULD 3 A. RIGHT. - _
``'`' " 4 THAT BE-- ‘ 4 BOTH THE BOYS HAD SMALL MOTORCYCLES? _j
I 5 A. OKAY. l 5 A. WE HAD ONE SMALL MOTORCYCLE. ll
_ 6 DID MR. MIKKELSEN, WAS HE RIDING MOTORCYCLE 6 WHEN WAS THAT PURCHASED?
7 - REGULARLY? 7 A. CHRISTMAS OF '99.
S A. DIRT BIKES. 8 SO THAT MOTORCYCLE WAS PURCHASED BEFORE HE
9 WHAT IS YOUR UNDERSTANDING OF WHAT HAPPENED THAT 9 FRACTURED HIS ANICLE? _
10 CAUSED HIM TO BREAK ms ANKLET . 10 _ A. CORRECT, BE1=011E. ` E
` I I A. HE WAS RIDING OUT INTHE DESERT. AND HE WENT OVER I I HOW WOULD THEY USE THAT MOTORCYCLE TO RIDE [T?
12 A BUNNY HILL, AND THE WAY HE LANDED, HE SAID WITH HIS WEIGHT, 12 A. THEY WOULD, KELLY WOULD RIDE WITH MILES ON THE ?
13 AND WHEN I-IE. CAME DOWN, HE FELT., HE FELL ON TOP OF HIS LEG. 13 HANDLEBARS DOWN THE STREET, WOULD RIDE IT DOWN THE STREET,
I4 WAS HE MISSING FOR SOME PERIOD OF TIME WHEN THAT I4 AND THEN JAREIT WOULD GET ON AND RIDE IT BACK TO THE HOUSE, J
I5 HAPPENED? } 15 OR, YOU KNOW, SOMETIMES KELLY WOULD LOAD IT IN THE BACK OF
I6 A. HE LEFT RIGHT AFTER CHURCH, LIKE BETWEEN TWELVE'. 16 THE PICKUP AND GO TO THE PARK. I if
17 AND ONE. ‘ Ir _ 17 WHAT IS YOUR UNDERSTANDING OF WHAT MR.
18 AND THEN HE WASN'T LOCATED UNTIL HE WAS FOUND 18 MIKKELSEIWS LIFE THAT ACTUALLY CAUSED HIM TO BE DETAINED IN
19 THERE BY THE INTERSTATE? 19 THE JAIL? I
20 RIGHT. 20 A. COULD YOU REPEAT 'ILHE QUETION?
21 HOW LONG HAD HE HAD A DIRT BIKE'? 21 WHAT DID MR. MIKKELSEN DO TO CAUSE HIM TO BE
22 A. THAT, HE PURCI-LASED IT EITHER THE DAY BEFORE OR 22 SENTENCED TG '1`HEYUMA COUNTY JAIL'?
23 THE WEEKEND BEFORE. 23 A. AN ISSUE WITH HIS CHILD SUPPORT. I-IE HAD T0 G-O I Z
24 IS THAT THE FIRST MOTORCYCLE HE HAD, OR HAD HE 24 TO COURT ABOUT AN ISSUE OF BACK CHILD SUPPORT, AND HE
25 HAD OTHER MOTORCYCLES BEFORE? 25 TI-IREATENED OR INT IMIDAETED THE JUDGE .
I Page 5 S Page 60 `
- I A. BESIDES THAT ONE, HE HAD ANOTHER ONE, YOU KNOW, 1 WERE YOU PRESENT WHEN THAT HAPPENED? ‘
2 BEFORE. 2 A. YES. ` ·
3 DID HE EVER RIDE A MOTORCYCLE AGAIN AFTER THAT 3 WHAT HAPPENED? ‘
4 MAY 22, 21100-· 4 A. THEY WERE TALKING ABOUT BACK CHILD SUPPORT
5 A. NO, HE COUI.DN'T. 5 ISSUES, AND VISITATION. `
6 SO HE HAD THAT MOTORCYCLE FOR ABOUTA WEEK THAT 6 WHAT DID MR. MIKKELSEN DO THAT LED TO HIS I
7 HE WAS ABLE TO RIDE, IS THAT RIGHT? 7 INCARCERATION? V
E _ A. HE WOULD RIDE IT AROUND, ABOUT A MONTH AFTER S A. TRIED TO STAND UP FOR HIMSELF, YOU KNOW, GAVE HIS
9 THAT. - 9 REASONS WHY, HOW MUCH HE COULD PAY.
IO HE DID RIDE AGAIN, IS THAT RIGHT? 10 WHAT DID HE SAYTO THE JUDGE?
1 1 A. WITH THE Kms. I 1 A. I ¤0N·T REMEMBER.
12 AND HOW OFTEN WOULD HE RIDE WITH THE KIDS WHEN HE 12 DID HE THREATEN THE JUDGE?
13 wm ABLE TO Aemm 13 A. N0. y
` 4 - A. PROBABLY THREE OR FOUR TIMES. 14 WERE YOU PRESENT IN THE COURTROOM'? ·
15 Q. THREE 01+. Faux TIMES A umn 15 A. YES. 1 w».s. g
16 A. N0, THREE 011 1:01111 TIMES A WEEK. . 16 Q. me You REMEMBER Erm TEREATENTNG THE JUDGE'?
17 OI-I, OKAY. WHERE DID HE RIDE WITH THE KIDS? 17 A. NOT TO THE JUDGE THAT I HEARD.
' IS A. JUST AROUND BY OUR HOUSE, A LITTLE PARK DOWN THE 18 WAS SOMETHING SAID TO SOMEONE ELSE THAT YOU
` 19 sTREET.. - 19 EE.·uz¤·2 '
20 WAS IT THE SAME MOTORCYCLE? 20 A. TO THE DETENTEON OFFICER.
21 A. N0, HE 0 TAKE THE Kms ON TEE11zs. I 21 Q. WHAT was sun TO THE ¤ETEr~m0N OFFICER? U
I 22 DID THEY HAVE THEIR OWN SMALL MOTORCYCLE? 22 A. SOMETHING LIRE THIS IS WRONG, YOU JUST WAIT, i
23 A. vas, Yes. ‘ 23 Yc>u·1.1. GET Yeuas. HE wm VERY ANGEY. j
24 . Q. AND DID You mvE A MOTORCYCLE? 24 Q. DID 1-112 SAY THAT IN mem OF JUDGE NE1.s01~1·1
_ 25 A.N0. 25 A. 1-10. I `
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_ MIKKELSEN V YUMA CO. Coudcnscltl TM MIKKELS EN, RUBECCA I
` Page 6 I Page 63
1 Q. HE NZEVER sum THAT'? I A. N0.
2 A. NO. 2 YOU WOULDN'T DO 'I`HA'I`, WOULD YOU'?
n ` 3 DID HE ULTIMATELY PLEAD GUILTY TO THREATENING THE 3 A. NO. ·
4 JUDGE? _ 4 Q. MILES WAS OBSERVING HIS FATHER USING UNACCEPTABLE _
L 5 A- YES. 5 LANGUAGE, AND WAS PARROTING OR ADOPTING IT HIMSELE, RIGHT?
6 DID HE DO THIS AS HE WAS EXITING OR LEAVING THE 6 MR. CLARK: FORM.
7 ` COURTROOM? 7 THE WITNESS: I DON’T KNOW. HE WOULD HAVE .
S A. PLEAD GUILTY`? 8 OCCASIONAL OUTBURSTS.
9 NO, DID HE MAKE THE THREATS DIRECTLY TO THB JUDGE 9 MR. FAIRBOURN: MILES WENT TO SCHOOL AND CALLED
10 AS HE WAS EXITING THE COURTROOM'? 10 THE TEACHER A NAME, RIGHT? .
I I A. OUTSIDE THE COURTROOM, IN THE HALLWAY. ‘ I I _ TI-IE. THAT WAS AFTER KELLY DIED,
n I2 AS [ UNDERSTAND ['I', YOU ULTIMATELY FILED THREE 12 MR. MECHEAELS; GREG, [S ONE. OBJECT ION GOOD FOR
I3 PETITIONS FOR DISSOLUTION AGAINST MB. MIKKELSEN, IS THAT 13 ALL PLAINTIFFS? V `
14 RIGHT'? 14 _ MR FAIRBOURN: suRE
15 A. Two. 15 (WHEREUPON, EXHIBIT vs vms MARKED ¤=0R IDE.N'I`II*·'[CA'I`[ON.) I
16 WELL, AFTER YOU MET WITH THE JUDGE, WAS THERE A I6 Q[BY MR. FAIRBOURN) LET ME SHOW YOU EXHIBIT 78. DO n
17 POINT IN TIME WHEN YOU FILED A PETITION FOR DISSOLUTION? 17 YOU RECOGNIZE THAT? .
18 A. vas. 18 A. YES. Q
19 Q. wen wAs acme em AT THAT 2·0u~rr INTIME THAT 19 Q. ws WRITTEN INYOUR HANDWRHING? I _
20 CAUSEO You TO FILE A PE`I`I'I`ION mn DISSOLUTION? 20 A. YES. _ a
21 A. BECAUSE HE WAS IN IAIL AND [WAS, I WANTED THINGS 21 WHEN DID YOU WRITE IT? `
22 TO CHANGE. WE WERE FIGHTING, AND {WANTED THINGS TO CHANGE. 22 A. SOMETIME IN THE SUMMER WHEN I-IE WAS IN JAIL.
l _ 23 WAS THERE A.N`Y'I`Hl“NG ELSE GOING ON BHIDES THE FACT 23 AND IT WAS BEFORE HE HAD, MR. MIKKELSEN HAD DIED,
n 24 THAT HE WAS IN JAIL THAT CAUSED YOU TO FILE A PETITION EOR 24 CORRECT? g
25 DISSOLUTION? - 25 A. c0RREcr. ~
‘ · Page 62 Page 64 ¥
I A. YB, HE WAS, YOU KNOW; WELL, NO. I YOU SEE '{`I-IE HRS? PAGE, IAST PARAGRAPH?
2 THE ONLY REASON YOU FILED WAS BECAUSE HE_WAS EN_ 2 A. YE. -
3 JAH.? 3 DID NOT MILES BEFORE I-[IS FATHER DIED CALL THE V
4 A. WELL, NO, THERE WERE PROBLEMS BEFORE. HE WAS IN 4 TEACHER A BITCI-I'?
5 JAH., A l 5 A. Yes.
6 WAS HE BEING ABUSIVE.? 6 Q- AND LF YOU WANTT0 READ ALONG HERE, DOESN‘T TI-IIS
7 A. NO. 7 LETTER STATE THAT TI-LAT WAS OCCURRING BECAUSE OF TI-IE 1"ERRIBLE
8 WAS HE USING LANGUAGE THAT YOU DIDN'T LIKE.? 8 MOUTH THAT MR. MHGCEISEN HAD?
9 A. ONCE 1N A WHILE. _ · 9 A. mma
· 10 _ DID I-IE DO THAT IN FRONT OF THE CHILDREN? 10 SO CERTAINLY INTHIS LETTER. RELATING TO THIS
I 1 A. I DON‘T THINK SO. V I I EVENT THAT OCCURRED BEFORE MR. MJKKELSEN DLED, IT WAS YOUR
I2 DID THERE COME AN OCCASION WHEN MILES BEGAN TO 12 OPINION THAT MILES HAD ADOPTED THAT LANGUAGE BECAUSE OF WHAT
I 3 USE BAD LANGUAGE? 13 EE I-IAD OBSERVED FROM HIS FATHEIL RIGHT}
I4 A. THERE wAs A PERIOD FOR AWHILE. 14 A. mem:
I5 Q. WHERE DID MILE; LEARN m . I5 Q. me mE wows nmrveu succzsmu HE w/as usnwe
I 6 A A.‘I COULDN"'I` TELL YOU. I6 SET FORTH ON THE SECOND PAGE, R.IG1·I'1"?
17 , Q. nm Mums 0EsERvE ws FATHER usme Em w0R¤s AND 17 A.R1G1-rr.
18 '1'HAT'S HOW MILE BEGAN TO USE [T'? 18 AND HE WAS USING THOSE WORDS IN FRONT OF YOUR
A 19 MR. CLARK; 1=0RM. E ~ 19 cun.¤maN, comm. HB same mw. Mumzurzm l
20 ` THE wrmess; I DON"? 1·;N0w. A 20 A. summm. ‘
21 (BY MR. FAIRBOURN) DO YOU HAVE ANY OTHER 21 ON TI-LE SECOND PAGE AFTER YOU, TI-[ERE. IS A
22 EXPLANATION FOR THAT, FOR MILES' LANGUAGE? 22 STATEMENT THAT SAYS THEN YOU TURN AROUND AND BLAMED YOUR
r 23 - A. WELL, HE COULD HAVE HEARD IT FROM TELEVISION, 23 FATHER. WHAT WAS MR. MDGCEISEN BLAMIHG HIS FATHER FOR?
24 FROM MUSIC. _ _ 24 A. 1-LE WOULD JUST TRU. ME BITS AND PIECES, YOU KNOW,
n _ _ 25 WERE YOU PERMITTING MILES TO LISTEN TO BAD MUSIC? 25 BECAUSE OF HIS MOTHEIFS DEATHS THAT HE WAS HURTLNG ON 'l'I·{E
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