105

TRACY‑LYNN BROADBENT, sworn

EXAMINATION BY MR. J. TOWNSEND:

1. Can you state your name for the record, please?

A. Tracy‑Lynn Broadbent.

BY MR. TOWNSEND:

5. Now, I show you a four‑page ‑‑ four‑and‑a‑half page statement of Tracy‑ Lynn Broadbent dated December 21st, 1996. This is found at Exhibit 17 at page 16.

MR. FEIFEL: Sorry, what tab?

BY MR. TOWNSEND:

6. 16. Would you examine that statement, please, and tell me if that's your signature on the last page?

A. Yes, that's my signature.

7. Did you make that statement consciously believing it to be true?

A. Yes, I did.

8. Did your husband assist you in any way with that statement?

A. My husband may have helped me, but the facts are mine. He's better with words than I am, or with sentence structure. I told him exactly what I wanted in here and he put it in here. But, actually, I think this one I wrote. I think I typed this. I'm not sure. The facts are all true.

9. You're not sure who typed it, then?

A. I'm not sure, but I might have typed it. (Mr. Broadbent likely did as he had prepared statements for his other witnesses)

10. Is this the statement that Sergeant Clarida had advised you to make for him?

A. I can't say this is ‑‑ he advised me to make one particular statement. He advised us to collect information.

70. Now, when you spoke to Sergeant Clarida in this instant where you said that I was photographing you putting your children in the truck, did he ask you to make a statement then?

A. I can't recall. I was very upset, I was crying. I had a baby that wasn't even one year old yet that was fussing. I had my son. I can't recall if I did or not. I just wanted them to make you stop.

71. Did he take any notes?

A. Like I said, I can't recall. I just know I was very upset and crying and trying to get my story out.

72. What did you tell him that you thought I was doing?

A. Harassing me with your camera.

73. Is that the main complaint that you had at that time, that I was using a camera?

A. And the date would be?

74. September 14, '96.

A. I guess so. You harassed me practically every day with your camera, so, yes.

75. So the camera was the issue, then?

A. The time frame wasn't ‑‑ hadn't arrived when you came at me with your car, so the picture taking and the harassment with the cameras, not focusing on the easement anymore, focusing on me, yes, that was my complaint, you were harassing me.

76. Let me ask you this, when you went into the police station that day, did they take your complaint seriously?

A. You'd have to ask them.

MR. FEIFEL: On which date?

BY MR. TOWNSEND:

77. On September 14, '96.

A. You'd have to ask the police. I don't know. I just went in, like I said, I was crying and very upset, tried to blab out my story, and they calmed me down and I left. I don't know what happened after that.

78. Did you give your story to Clarida or to Don Blair?

A. Oh, I believe I started my story with Mr. Blair, and then he retrieved Detective Clarida for me.

(NOTE: F.O.I. letter to me dated 2001-02-07 verifies that both these Officers were off duty at the time chosen for her lie)

120. Did you ask Veronica Brandt to escort your son to and from the bus in your absence, because you were afraid I would run over your son with my car? (NOTE: Mr. Harrison falsely accused me of trying to run over him with my truck. Mrs. Brandt stated that she gave evidence to help Mr. Harrison and concocted a similar fact story, perhaps at the request of his lawyer, Mr. Broadbent.)

A. I asked Veronica Brandt to assist my son to and from the bus because he was small and I didn't know what you were capable of. I'm not saying that I was afraid you were going to run him over with your car. I don't know what you're capable of. I didn't want him left in the easement alone. He was just a young boy, couldn't defend himself against an old man, and I just wanted ‑‑ his safety was my first concern. And since I had to work, I asked Veronica Brandt to do that, or Heinz Brandt, one of them ‑‑ one of them did it for me as a favour. There was just no way I was going to let you have an opportunity to harm my child.

121. On page 304 of the transcript in the evidence of Veronica Brandt, she states, "And Tracy, I don't know if she still does, but she was working at the Royal Bank and if she was working that day, she always asked my husband and I to go to the bus stop and walk Dylan over to our house. He would stay with us because she was fearful that Mr. Townsend would come out with his vehicle and run him over." Did you tell her that?

A. That's, again, that's Mrs. Brandt's own words. Like I've said, you running at my son with a car is quite perceivable, but again, we don't know what you're capable of in your mind, you could have done anything to him. My point being, I did not want my young son in the driveway in the easement alone with the chance that you could be in there and interfere with his safety to get home.

122. No, the question was, did you tell her that you were afraid I would run over your boy with a car?

A. I just answered.

123. Yes or no?

A. Those are Mrs. Brandt's words.

124. I know that, did you tell her that?

A. I just answered that.

125. Did you tell her that you were afraid I'd run over your boy with my car?

A. I told her that my son needed to arrive with safety, and he was not to be in the driveway alone, because I didn't know what you were capable of.

126. Can you answer the question, please?

A. Whether you were going to run at him with the car?

127. Tracy, the question is ‑‑

MR. FEIFEL: She just did that, she just answered. She did not know whether or not you would run over him with the car. So she answered yes, she did tell Veronica that. (NOTE: reluctance to admit awareness of “similar fact evidence”)

BY MR. TOWNSEND:

128. Did you tell her that?

A. I told her I didn't know what you were capable of, whether you can run at him with a car or harm him in any fashion. My point being, like I said, I think this is the third time now, the main concern was that that young boy arrived home safely and was not alone in the easement with you at any time for any length of time, because I don't trust you, and I'm just not going to give you the opportunity to harm my child. End of story.

129. Can your lawyer's answer be deemed to be your answer, that you said, yes, you asked her, because you were afraid I would run over the boy with my car?

A. This is your obsession coming out again, right? (Further attempt to disassociate herself from the false “similar fact evidence”)

MR. FEIFEL: No. Do you remember telling Veronica that you had a specific fear of Mr. Townsend running over Dylan with his car? Do you remember saying that statement to her?

THE DEPONENT: I don't know if those were the exact words, but those are Mrs. Brandt's words. I remember saying to her, and this would be the fourth time, main point is that child come home safely and is not in the driveway at any time so Mr. Townsend can hurt him.

MR. FEIFEL: So I stand corrected, Mr. Townsend, she can't remember specifically saying those words to Ms. Veronica Brandt.

(Mrs. Broadbent denies awareness of the “similar fact evidence” used to prosecute me maliciously, yet her husband admits awareness when he produced her similar fabrication)

Note: A good reason to evade the issue of awareness is that her fabrication was made similar to Mrs. Brandt’s; and her husband, a lawyer, knew the unaccountable Courts were free to accept false similar fact evidence. (See Legal documents, p. 253)

BY MR. TOWNSEND:

130. Okay, fine. Were you ever afraid that I would deliberately run him over with my car?

A. I was afraid of all kinds of things. Like I've stated so many times today, I don't know what you're capable of.

131. You're going away from the question. I'm asking you, were you ever afraid that I would deliberately run him over?

A. It's always a possibility. You've used your car in the past as a weapon and I wasn't going to allow you. I just wasn't going to give you the opportunity. That's the final answer. You weren't going to get an opportunity to hurt my child.

132. Who told you I used my car in the past?

A. You came at me with your car, and that is a weapon. I wasn't going to give you the chance to hurt my son at all. That's it.

133. So what is your answer, were you afraid that I would deliberately run him over?

A. I was afraid that you would do something, whether it was the car or physically hurt him somehow. I don't know what you're capable of, Mr. Townsend. You have your own mind, okay. I have to watch out for everything. I can't say that I was afraid of one particular, specific incident that you're capable of, because I don't know what you're capable of, whether it's kidnapping, murder, running at him with a car, scaring him, telling him bad things, I don't know. All I know is I wasn't giving you the opportunity to harm him or hurt him. I needed to know, while I was away, that his safety was first priority and that he was safe when I arrived home. That's it, end of story. (Simply refuses to admit she heard the fabrication that I tried to kill Veronika Brandt with my car in the Cambrian Mall)

134. On December 8th, 1996, you claim that I drove my car at you while you were in the easement with your baby in a sleigh. At that time when you made that claim, were you thinking that I would run over your baby with my car?

A. I didn't really have a whole lot of time to think, Mr. Townsend, I just knew I had to keep my baby safe.

135. Did you think about the other allegations that I had used my car as a weapon before that?

A. No, I hadn't. Like I said, my first priority was to get myself, and my baby to safety. (Intended to use false “similar fact evidence”)

136. How did you do that?

A. Went over the edge of the driveway into the snow, as far as I could get off of the road with the sled. Gave you the whole driveway, you had it all to yourself. (She told the Court she stayed where she was on the road and could not get off it due to deep snow)

137. On December 8th, of '96, did you call Sergeant Clarida about the allegation that I drove my car at you and your baby?

A. I didn't, no.

138. You didn't call? Did you speak to him about it at any time before you made your statement out?

A. I spoke with him, but I didn't make the initial call to the police.

139. Did your husband ever mention similar‑fact evidence to you about Veronica Brandt's story or anything else?

MR. FEIFEL: Similar‑fact evidence? Do you know what Mr. Townsend is talking about?

THE DEPONENT: No.

BY MR. TOWNSEND:

140. Did you ever use those terms with him?

A. My husband doesn't speak in legal terms. I don't understand legal terms if that's what you're getting at.

141. Did he ever tell you about the story that Veronica Brandt had that I drove at her, or did Veronica Brandt tell you about that?

A. I believe Veronica Brandt has told me about that.

142. Did you tell anyone, Clarida or your husband or any officer, that I darted my car at you and your children at the last moment on December 8th, '96?

A. Are you reading from some place?

143. I'm just asking you a question.

MR. FEIFEL: Are you reading from a statement or what?

MR. TOWNSEND: No, not yet.

MR. FEIFEL: Darting her car at?

THE DEPONENT: What does that mean, “darting"?

BY MR. TOWNSEND:

144. Speeding up towards you. Turning towards you and darting it at you.

A. You didn't turn your vehicle at me, you were coming already straight at me. You didn't have to turn towards me, you were already coming straight at me.

145. So did you tell anyone that I darted at you?

A. A word "dart" is not in my vocabulary, I don't know, that's why I asked you what you meant. Those aren't my words, those are your words.

146. Did you tell them that you had to take cover, your son and you had to take cover to avoid being hit?

A. My son wasn't there. It was my daughter.

147. Turn to page 175 of the transcript of the trial. Your husband's evidence is in the middle of the page that you "...told her Mr. Townsend had driven towards her very quickly down the driveway, and she was on the treed side of the driveway, the river side of the driveway and Mr. Townsend was hugging the snow-banks and going down that side of the driveway and forced her off of the road. She had my baby and my son, who was on his cross‑country skis." Is that true?

A. My husband assumed I had my son out in the easement with me, and in actual fact, my son was still on my personal property getting on his cross‑country skis. I went ahead of him with the baby and decided to wait for him in the driveway.

148. So did you tell your husband that your son was with you?

A. I don't understand the question. My husband knew the three of us were going outside to get some air. I don't think he watched us. He just assumed we were outside together.

149. Did you tell your husband and the police that your son was with you and that you had to move off the road?

A. No. I never told the police that my son was with me. I told the police my son was in my own personal yard getting his cross‑country skis on.

MR. FEIFEL: Mr. Townsend, it's your interpretation. The son was with them, it's just the son did not have to get out of the way. So I don't see anything inconsistent there. Mrs. Broadbent did, in fact, have her baby and son with her. The son was still behind and did not have to get out of the way. There's nothing inconsistent with that.

BY MR. TOWNSEND:

150. Now, if you turn to page 29 and 30, here's the sworn evidence of the Sergeant Clarida. The bottom of the page it says, "Mrs. Broadbent relayed an incident where you drove at her in the driveway and that she had to take cover to avoid her and her children being hit by your car."

MR. FEIFEL: Sergeant Clarida mistaken by "children" as opposed to "child," is what Mr. Townsend, I believe, is asking you.

THE DEPONENT: Yes. It's just a mistake of "child" being made into "children."

BY MR. TOWNSEND:

151. And again on page 175, your husband confirms it when he said that your son, you told him your son was with you and he had to jump out of the road too.

A. I don't believe it says that my son ‑‑.

152. " She had my baby and my son, who was on his cross‑country skis, and not particularly mobile, and they had to move out of the way, and again there, I mean just so far as the driveway goes."

MR. FEIFEL: Mr. Townsend, but again you're asking what Mr. Broadbent's testimony is, and "they" could be referring to the wife and the baby.

MR. TOWNSEND: But it says " son," doesn't it?

MR. FEIFEL: She had the baby and the son, that's correct, and that is true, the baby and the son were with Mrs. Broadbent. There's nothing untruthful about that. And then later on he says, "they had to move out of the way." "They" could be referring to two of the three people.

MR. TOWNSEND: Now, at page 225, the question was, "So did your wife also tell you " ‑‑.

MR. FEIFEL: Wait, let me get to the question, Mr. Townsend. Page 225, what question, I'm sorry?

BY MR. TOWNSEND:

153. Line six. "Did your wife also tell you I was speeding on this alleged incident on December 8th, '96?" The answer, "She told me that you were coming very quickly and that you darted your vehicle at the last moment." Now, what do you think he meant by "darted your vehicle"?

A. I don't know.

154. Darted away from you or toward you?

A. Well, he's probably referring to the fact that you veered off at the last moment.

MR. FEIFEL: Again, Mr. Townsend, you're asking questions of Mrs. Broadbent of what you could have asked ‑‑ probably did ask, I can't remember, of Mr. Broadbent. She can't testify what's in his mind when he's testified. You can ask Mr. Broadbent what he meant by that.

BY MR. TOWNSEND:

155. Did your husband call Sergeant Clarida on this date, December 8th?

A. I believe he did.

156. Were the police shown where on the road the alleged incident took place?

MR. FEIFEL: Which incident?

MR. TOWNSEND: December 8th, '96, of the car.

THE DEPONENT: I can't recall. I don't think so. I'm not sure, though.

BY MR. TOWNSEND:

157. Did a uniformed officer attend to the complaint in a patrol car on December 8th?

A. I don't believe the police came that day.

158. Do you think that Sergeant Clarida or another detective might have attended on that day?

A. I can't recall. I remember after the incident I went home crying, I was very upset. I can't recall particular details like that at this moment.

159. You have no recollection at all, then, of the police attending to the incident, the alleged incident?

A. It was, in fact, an incident, and I don't recall the police coming to the house. I recall my husband speaking to the detective office, I believe, on the phone. I don't remember anything more. Like I said, I was very upset and crying and I just couldn't believe that it had come to this point where you were trying to run me down.

160. Did the police attend at any other time subsequent to that, to December 8th?

A. You're asking if the police arrived any time after December 8th?

MR. FEIFEL: In respect of this incident or any other incident?

BY MR. TOWNSEND:

161. In respect of this incident.

A. I remember ‑‑ I can't remember the date, but I recall, I believe it was Detective Clarida or Detective Davies sitting in my kitchen, and we were discussing the problems with you, but I can't recall the date at this point. I wish I could, I just can't recall the date.

162. I show you Exhibit Number 24 from the trial, and there's a T.B. marked up where you say this incident occurred.

MR. FEIFEL: There's a what, I'm sorry, a T?

BY MR. TOWNSEND:

163. Tracy Broadbent initialed.

A. How do I know that that's mine?

164. It's an exhibit.

MR. FEIFEL: Exhibit 24 at the criminal trial.

THE DEPONENT: It just doesn't ‑‑ this doesn't look right. How do I know this hasn't been altered since?

. MR. FEIFEL: No. Do you know with the T.B., Do you remember ‑‑ I believe Mr. Townsend is asking is that where the alleged incident occurred, where the T.B. is marked on the photograph?

THE DEPONENT: It's very close, if not just past those trees right there where the T.B. is. This is a long‑distance photograph, this picture here.

BY MR. TOWNSEND:

165. So would that describe the approximate area that you're alleging I drove at you?

A. Yeah, that's the approximate area, um‑hmm.

166. Was it closer to that tree or closer to the bridge?

A. I believe ‑‑ of course that was in the wintertime and this is not a picture of winter.

MR. FEIFEL: If you can recall right now.

THE DEPONENT: I'd have to say that, I can't say with a hundred percent accuracy.

MR. FEIFEL: Don't guess. If you can't remember, you can't remember.

THE DEPONENT: Okay. No, I can't recall.

MR. TOWNSEND: Now, you stated that you had stepped into the tree line.

MR. FEIFEL: Where is that, Mr. Townsend?

BY MR. TOWNSEND:

167. You told Sergeant Clarida, at tab 16, page 13. At the bottom of the page it states that, "Mr. Townsend drove right towards her, that she moved into the tree line." Last three sentences.

A. Well, on that day, it was winter, it was December 8th, '96, there was snow, I moved over onto the tree side of the driveway, on the treeded (sic) lot side of the driveway as far as I could get. This is what Mr.. .I think what that means "moved into the tree line" is moved over as far as onto the treed side of the driveway as I could get. Like, it was wintertime. I got over. The short of it all is I got over as far as I could get, and I gave you more than ample room. You had the whole driveway to yourself.

168. So if you got into the tree line or anywhere near it, you could have stepped behind that last tree that you marked the X beside, couldn't you?

A. Mr. Townsend, it was so unexpected, I didn't expect you to come at me with your car. If I had a chance to plan it, perhaps I might have, you know, hid behind a tree, but at the moment of the scare, I did what I did, and that was I got off of the driveway with my baby, who was in a sled two feet behind me and on ground level, and hovered over her as best I could, and I gave you the whole driveway to go on your way. You had no reason to come at me and hug the side of the driveway that I was on. You had the whole driveway. It's wide enough for two vehicles to pass. You had no business coming at me like you did on the same side I was on. You did it as a deliberate act to frighten and scare me. For that, you succeeded, sir.

169. So when Sergeant Clarida made out his report for your will‑say, was he wrong in saying that you moved into the tree line?

A. I don't believe he was wrong. He wrote what he wrote. I moved. It doesn't even indicate that it's winter there. I moved over as far as I could get. He's just writing the facts. He's not writing details.

170. Well, I think that's pretty detailed, if he states that you moved into the tree line. That's where you moved, isn't it?

A. I moved onto that treed side of the driveway where the wooded lot is. I got over as far as I could get. I was off of the road.

171. So do you disagree with his statement, then, that you didn't move into the tree line?

MR. FEIFEL: I think she's answered it.

THE DEPONENT: I didn't run into the woods.

MR. FEIFEL: You've answered that. Let's move along.

BY MR. TOWNSEND:

172. Were you certain that it was my car that came at you?

A. Without a doubt.

173. What would make you think that? There's lots of cars like mine.

A. In my driveway? We're the only two ‑‑.

MR. FEIFEL: Let one person ask the question. What was your next question, Mr. Townsend?

BY MR. TOWNSEND:

174. Could you see clearly who was driving that car?

A. Without a doubt it was you, Mr. Townsend, you behind the wheel.

175. Could you see clearly?

A. I clearly saw you, Mr. Townsend. You were the one driving.

176. When did you see me? What position was the car on the right‑of‑way when you saw me?

A. Driving straight at me.

177. So that would be 20 feet from you, or what?

A. I don't know in feet, I just know I had to get off of that driveway because you were coming at me fast, and I didn't want to be hit by you.

178. Where was the car when you first noticed it coming in your direction?

A. On the driveway.

179. At what point on the driveway, when you first saw it?

A. I can't recall. I guess you were coming out of your compound, I don't know at the moment, that was over four years ago.

180. Your statement says ‑‑?

MR. FEIFEL: Which page?

MR. TOWNSEND: Page four of your statement, the middle.

MR. FEIFEL: Tab again?

BY MR. TOWNSEND:

181. Tab 16. Third line down, the middle paragraph says, "My baby and I were about three quarters of the way up my driveway in the right‑hand side when I saw Mr. Townsend leaving his compound in his car." Is that when you first noticed the car as it left the compound?

A. It must have been.

182. And then I think your evidence was that the car followed tightly, very closely to the trees along the east side. Is that true?

MR. FEIFEL: Where is that, Mr. Townsend; that you're referring to her evidence?

BY MR. TOWNSEND:

183. I'm asking her about her evidence. He drove as close ‑‑ "In fact, he drove as close to the edge of the wooded lot as he could." Bottom of that paragraph.

A. Yeah, you hugged that side.

184. That was your evidence that you gave the police?

A. That's right.

185. And ‑‑?

A. You hugged that side, you came straight at us, and you were driving fast.

186. Did you imagine that or did you see me doing that? Did you see me hugging the right side?

A. Yes.

187. There's a fence beside a maple tree near my gate that your husband put up. Do you remember that little fence?

A. Um‑hmm, yeah.

188. Did you see me drive around that fence when I left my property?

A. I don't recall.

189. Did you see me cut back into the side of the road after I passed the fence?

A. I don't recall that. I just remember I wasn't going to stay on the driveway with a baby being pulled behind, two feet behind me on ground level with you behind the wheel. Our relationship had come to the point where, you know, I was scared stiff of you. I was not going to give you an opportunity to harm us. So I decided it was in my best interest and the interest of my baby to get off of that driveway. And then I look up and you're just coming straight at me fast, hugging that same side I was on. You saw me up there, you could have went on the opposite side of the driveway, but, oh, no, you had to hug that side and come straight at me, so I had to force me in ‑‑ to get off the road with my baby.

190. Now, my question was when I passed that maple cluster with the fence, is that when you claim I was hugging the east side of the road?

MR. FEIFEL: That's a new question, but anyways.

THE DEPONENT: I'm sorry, what did you say?

MR. FEIFEL: I said it was a new question. Mr. Townsend is asking you, after he passed the maple cluster or the fence, is that when he then went to the edge of the road, or I suppose had he been on the wooded edge before that?

THE DEPONENT: He hugged the wooded side of the driveway.

MR. FEIFEL: He's asking when was the first time you noticed that he was hugging the wooded side of the driveway?

THE DEPONENT: Well, it would probably have to be after ‑‑ I can't recall the driveway in my mind anymore.

BY MR. TOWNSEND:

191. Here's a picture of it here.

A. The fence is definitely not an obstruction. There would be no obstruction from his compound straight up to the end of the road. So there would be no reason for him to ‑‑ he always drove right beside here.

MR. FEIFEL: Indicating on Exhibit 24, that's Mr. Townsend would be leaving his residence right along the log tree.

THE DEPONENT: There's a log there.

MR. FEIFEL: On the ground on the right side?

THE DEPONENT: Um‑hmm.

MR. FEIFEL: Is that a yes?

THE DEPONENT: Yes. Do we have a better picture than this one? It doesn't show the fence he's referring to, but even if the fence is there, it's not an obstruction. He's got the same ground to travel on.

MR. FEIFEL: I think the question, Mr. Townsend, is when did you first notice that he was allegedly hugging the right side, the wooded tree lot side of the easement?

THE DEPONENT: I guess the first time I saw him coming out of the compound.

MR. FEIFEL: It was all the way along the driveway?

THE DEPONENT: All the way along.

BY MR. TOWNSEND:

192. By "all the way along," do you mean the entire east side right up to where you were?

A. That would be correct, yeah.

193. So ‑‑?

A. Because you believe that side to be your side of the driveway.

194. So between the maple cluster and the tree that you were passed on the right‑of‑way, is that where you saw me hugging the side of the road?

A. It was also fast and there were snow ‑‑ snow banks there. That's what I believe, you were hugging the right‑hand side of the treed lot of my driveway.

MR. FEIFEL: Including after the cluster of maples?

THE DEPONENT: Including after the cluster of maples right up to where I was, and you veered off ‑‑ you veered away from me about ten feet from me. Like I said before, it wasn't necessary at all, because as you can see from Exhibit Number 24, you had the whole driveway to drive in. Certainly you saw me before I saw you.

BY MR. TOWNSEND:

195. So you believe that I drove along the east side. Did you see the car travel along the east side between the maple and the tree that you were standing behind?

A. I wasn't standing behind a tree, but yes, I did see you hugging that side of the road.

196. So you watched me driving up that side, or you watched the car coming up that side and you watched it?

A. I saw you. I saw you driving on that side of the road.

197. All the way up to that tree that you were passed?

A. Until about ten feet before you got to me, then you veered off and went on your way down Fourth Line.

198. You saw that?

A. Well, I was there, I'm the one you ran the car at. Yes, I was there. I was doing my best to get my baby to safety, and myself.

199. Now, I think we've established that you watched me hugging the tree line.

Did you see me make my own tracks on the road, as you stated at page ‑‑?

200. ‑‑ 97 and 98?

A. The tracks are made after a car has already rolled forward. I wasn't watching for tire tracks. My main concern was getting myself and my baby out of the line of your vehicle and to safety.

201. When did you first decide that your baby was in danger, when you saw the car coming or when you saw me on the east side?

A. When I saw you coming and driving fast and thinking, hey, this guy isn't going to turn, he's coming straight at me, I better get myself and this baby out of the line of fire and to safety.

202. And how did you get to safety without stepping behind the trees?

A. I ‑‑.

203. Were you safe to be in front of the car?

MR. FEIFEL: I don't think she said she was ‑‑

THE DEPONENT: I wasn't in front of your car in the driveway. I had pulled the baby into the snow and was hovering over her to let you by. I got right off the road, and I've stated that a few times already now.

BY MR. TOWNSEND:

204. When did you ‑‑ when were you first able to identify the driver of the car, when the car was at the gate or when the car was near the ten feet that you're calling a veer‑off?

A. When you were closer to me, yes. I can't see 250 feet down my driveway. When I saw your car come out, I just assumed you were the driver. I've never seen your wife drive the car that you had at the time, and when you got close to me, then I recognized you as being Mr. Townsend.

205. Would you say that was within the ten feet where you saw the car veer off?

A. It might have been a few feet before that. Like, I saw it was you, and I realized you weren't going to turn away from me, and I had to get the heck out of the way.

206. So what did you do?

A. One of us had to give, and you weren't going to give up that side of the road so I had to get myself, and my baby to safety. This all happened very fast. So you're asking for details about tracks in the snow and everything.

207. So then you're saying that the car would have been 10 to 13, probably 15 feet from you?

A. No. Show me where I said that, come on, show me. Show me where I say 10 to 15 feet, show me.

MR. FEIFEL: Mr. Townsend, I don't think the evidence of Mrs. Broadbent was 10, 13 or 15 feet. She said she would have seen you shortly before it would have been ten feet.

MR. TOWNSEND: She said a few feet before; that would make it 13 feet.

MR. FEIFEL: Well, a few doesn't mean 13, a few could mean 14, 15, 16, 12.

MR. TOWNSEND: So would it be 20 feet, then, that you saw who was driving the car?

THE DEPONENT: That's it, I need a break.

MR. FEIFEL: Relax. You want to take a five‑minute break? Okay take a five‑minute break .

‑‑‑ BREAK TAKEN

BY MR. TOWNSEND:

208. Page 91 of the transcript of the trial, you state that, at line 21, that you felt you left ample room in your driveway to get my vehicle to the Fourth Line, and you say, "It is wide enough for two vehicles to pass. You unnecessarily hugged the tree line where I was. Can you not see me standing there and go into the driveway leaving ample room between us? No." What did you mean by that, can I not see you standing there?

A. When you came out of your compound, I was in the driveway with my baby. You had to have seen me standing there.

209. Well, according to your report, you were pulling the baby up the sleigh and you looked over your shoulder; is that correct?

MR. FEIFEL: Where on the report?

MR. TOWNSEND: Excuse me. That's in your evidence at trial.

MR. FEIFEL: Where are you referring to?

BY MR. TOWNSEND:

210. Page 59 at the top. "When I turned around over my shoulder, I noticed his car was coming out of his compound, so that's when I pulled. I was already on the right‑hand side along the woods as it was, so in order to get to safety as fast as I could, and the quickest way would be just to stay on that side with my baby. I didn't want to risk crossing the driveway with my baby two feet in the sleigh behind me." So you looked over your shoulder at that point and saw my car coming out of the driveway?

A. I believe my answer in this transcript to be true.

211. And then it says that ‑‑ going down a little further, 12, it says, "No, I just immediately went over as far as I could over to the edge. I couldn't go any farther." I thought you said that you went off the road?

A. I went over as far as I could get. I couldn't go any farther, there was trees there. This answer is right.

212. Did you go off of the road?

A. I went as far as I could get off of the road. I went off of the road as far as I could get.

213. Now, the bottom of that page states, your answer was, "He hugged the right‑hand side of the wooded lot, he could not have gotten his car any closer to the wooded side without causing some damage to his car or hitting a tree." So does that confirm your statement that it was between the maple and the tree that you were at that I was hugging? Does it confirm that statement?

A. Yes. What I say here is right.

214. Okay. Now, on page 60 about line 18 it says, "All right," the Crown is questioning you, "Could you tell whether he was alone in the car or not?" Your answer was, "I couldn't tell if there was someone in the car or not because I was hovering over my baby." How could you see who was driving if you couldn't see who was in the car?

A. I saw who was driving.

215. But if you're hovering over your baby and that was the reason you couldn't see who was in the car ‑‑?

A. I didn't say I couldn't see who was in the car. I said I saw who was driving. I didn't scan the car for passengers. Like I had been stating, my main objective was to get to safety.

216. Was your baby too heavy to pull off the road?

A. She was about ‑‑ she wasn't even one yet. She was about 23 pounds, 24 pounds.

217. Was it too heavy to pull off the road?

A. Was she too heavy to pull off the road?

218. Yeah.

A. I can't say she was too heavy, no, but it was not ‑‑ you know, it wasn't lifting a feather or anything.

219. Would you have been able to pull the baby off the road if you were frightened?

A. Of course.

220. And did you, in fact, pull the baby off the road?

A. The baby and I were off the road as far over to the edge along the wooded side as we could get. What it says in here, I adopt as my answers. Those are my answers.

221. If you turn to page 154, the Crown is questioning you on this very subject. At line 15 he says, "All right. Now, Mr. Townsend was also asking you questions to the effect of, you know, in the car incident, why didn't you go into the bushes like you told your son to do? All right. Were you pulling the sled at the time?" Your answer was "yes." And the Crown said, he asked, "What effect did that have on your ability to go into the bushes or step completely off the road, out of the road, off the roadway I should say?" Your answer, "Well, it does factor in there, my baby was, like, 25 pounds." So are you indicating there that the baby was too heavy to pull off the road?

A. I don't believe so.

222. So is your evidence now that you did pull the baby to safety right off the road?

A. Of course I pulled my baby to safety. I wasn't going to leave her there.

223. Did you pull your baby over when I was within the last 20 feet or so of you, or when you saw me hugging the tree line, when you first saw me hugging the tree line?

A. That was over four years ago, I don't recall. Whatever I said at the trial is what I say now.

224. Where was the car when you first decided to hover over the baby?

A. Like I said, it was over four years ago. I don't know at this point in time. It all happened so fast, and I was very, very upset at you. I was crying, I didn't take notes, unfortunately. It's not everyday I get run over ‑‑ run at by a car.

225. Were you hovering over the baby to use your body as a shield?

A. Well, if one of us was going to get hit, I sure wanted it to be me and not the baby.

226. Did you believe that your body would stop a car?

MR. FEIFEL: The answer probably is no.

MR. TOWNSEND: Don't give her the answer, Peter.

THE DEPONENT: Of course I can't stop a car with my body, but I can take the brunt of the injury. I would sooner be injured than have a baby who is less than one year old be killed. I might have broken bones or a concussion or something, but you'd sure as hell kill my baby.

MR. TOWNSEND: Did you believe your body would prevent injury to the baby?

MR. FEIFEL: She just answered that.

THE DEPONENT: I just answered that.

BY MR. TOWNSEND:

227. And what was your answer, yes or no? You either did or you didn't believe it.

MR. FEIFEL: The answer was the brunt of the impact would be taken by Mrs. Broadbent.

BY MR. TOWNSEND:

228. About 120 pound body, against a three thousand pound car. Did that make sense to you?

A. You know what, Mr. Townsend, none of whatever you do makes any sense to me, you know that. Nothing you do makes any sense to me. I wasn't going to leave my baby exposed. At least if I went in front of her, I would take, like, most of the impact would be on me. Maybe you would kill me and leave her, spare her life. I don't know how it would have ended if you actually hit me.

229. When this allegation occurred, did you actually believe that I would kill somebody?

A. I have no idea what you're capable of, I just know what you did to me ‑‑.

230. Did you believe it?

A. ‑‑ That day.

231. Did you believe that you could have been killed?

A. Like I just said, I have no idea what your mind is capable of.

MR. FEIFEL: No, the question, in fairness, that day did you believe you could have been killed?

THE DEPONENT: If he hadn't have veered off and I hadn't gotten out of the way, who knows what would have happened that day. I'm not here to make assumptions. I'm just here to tell the facts.

BY MR. TOWNSEND:

232. Was there ever a time when you and your son had to take cover to avoid being hit by my car?

A. My son?

233. You and your son.

A. No.

234. When you left your compound ‑‑?

A. I don't have a compound.

235. Your son was in your private property, not on the easement, putting his skis on. Do you recall whereabouts he was in relationship to the driveway?

A. I couldn't see him.

236. You could not see him?

A. I had already gone out into the driveway. I left him in my own personal yard to get his skis on.

237. Did you keep looking back to see if he was coming?

A. Yes, I did. I always look back when I'm in the driveway. I don't want you sneaking up behind me.

238. What made you think at that time that I would be driving up the driveway? Did you see me get in the car or something like that?

A. I didn't see you get in the car, no, but you're free to come and go as you please, like. I have no idea from one moment to the next when you're going to get in your car and drive up the driveway. I can't possibly know that.

239. So did you look back with anticipation that I would have seen you and jumped in my car to try to kill you?

A. No. What I stated was I always look over my shoulder when I'm in the driveway. I don't want you sneaking up on me, and plus I was probably waiting for my son to see when he was going to come out of the driveway, out of my own personal property.

240. What happened after this allegation occurred, did your son still go skiing?

A. Of course not.

241. Did he go in the house with you?

A. I was too upset, I went home and I was crying, and he came in the house with me, of course, he did.

242. Did you tell him why he couldn't go skiing?

A. I don't recall. I just recall phoning my husband very upset and crying. It's bad enough my young son had to see me cry.

243. When you called your husband, did he come home immediately or did he just pass it off?

A. Oh, God, he wouldn't ‑‑ never pass it off. He came home immediately.

244. Right away?

A. A fast as he could.

245. And when he came home, did he question you on this allegation?

A. Yes, he did.

246. Did you ‑‑ is the story that he relates and the police relate the same story that you told him about your boy being with him, or is this something that they both invented?

MR. FEIFEL: Mr. Townsend, as I explained to you before, it was nothing that was invented, that's your interpretation of how you're interpreting what they've said. There's no dispute that the young lad was with Tracy and with the baby that day. I realize you're saying that it's a mistake from the way they're presenting it, but it's not a mistake, whether you interpret it the way the Broadbent’s and the police may be interpreting it.

BY MR. TOWNSEND:

247. How long did your husband cross‑examine you on this incident, or allegation?

A. I didn't time him.

248. Did he ask you a lot of questions?

A. I can't recall, because I was very upset and crying, I was shaking. I can't recall. It's been over four years.

249. Was he questioning you and examining you while you were in such an alleged state?

A. Well, when he first got home he was hugging me.

250. And then did he proceed to examine you in your condition?

A. He proceeded to ask me what happened, and of course I couldn't get through it without crying.

251. And did you see him call the police? Did you watch him or hear him talking to them?

A. I believe I did, yes.

252. Would Dylan be able to testify what happened on that day?

A. I don't think so. It's my belief that ‑‑ it's been so long, but I really believe that he didn't see it happen. He was probably still getting his cross‑country skis on, and he would have been seven years old, going on eight, maybe. So, no, I don't think so.

253. Could he testify how you reacted, or anything to that effect?

A. Well, if he had anything to say, I'm sure it would be that he saw me crying.

254. Would he know what about?

A. I'm not sure if my husband sent him to his room so we could talk, I don't know. I don't recall. I was so upset, I don't know what ‑‑ he might have sent my son out of the room, I'm not sure now. It's not something we exposed my son to, all the details, that's for sure.

255. Did your son show any signs of stress or distress?

A. Yes.

256. Did the police speak to him about it?

A. I don't think so, because he was so little.

257. When was the first time that the police spoke to anybody about this December the 8th incident?

A. On December 8th.

258. When is the first time that they spoke personally to you about it, not on the phone, but personally?

A. I can't recall if it was that same day or the next day. They treated it very seriously.

259. Did Sergeant Clarida take any statements in regards to that December 8th personally himself from you?

A. I'm not sure. I believe he did, but I can't be sure.

260. On December 21st, I understand that you and your husband filed criminal harassment complaints against me with the city police. Do you remember anything about that? That's Exhibit Number 20.

A. And what was the question again?

261. Did you and your husband file a complaint of criminal harassment on December 21st, as that statement says, in 1996?

A. Yes.

262. Did you go into the police station together?

A. I don't believe so. I think the only time I've ever been in the police station was the day that I went in to complain about you harassing me when my husband was alone, we covered earlier in the day.

263. Now, you have no recollection, then, of attending at the police station with your husband on December 21st; is that correct?

A. I don't believe I did, no. They might have come to our house, because we would have had the baby.

264. Do you recall who came to your house?

A. It might have been Detective Clarida.

265. And did you call them or your husband call them on the 21st?

A. You'd have to ask my husband that.

266. Would they have come if you hadn't have called them?

A. My husband most ‑‑ my husband dealt with the police. I didn't call them myself.

267. When they came to the house, then, did you and your husband both make a criminal harassment complaint?

A. We did it together, but I don't recall where it was, when it took place.

268. You don't know if it was at your house or at the police station?

A. I don't recall where it was. I don't believe it was the police station, like I just said.

269. So would there be any other place, then, besides your house that it would be given?

A. I can't recall. It was over four years ago, I can't recall.

270. Do you think that it would have been at his law office?

MR. FEIFEL: What does it matter, Mr. Townsend, where the complaint was laid? The complaint was laid.

MR. TOWNSEND: It's memory, memory that counts here.

MR. FEIFEL: She already answered three times; she doesn't recall where the complaint was made.

BY MR. TOWNSEND:

271. You don't recall if it was at the office you met them?

A. I don't recall, Mr. Townsend, for the last time. It was over four years ago, my memory was much better at the time. So you'll just have to accept the fact that, yes, I did make a complaint with my husband, a formal complaint, criminal harassment against you.

272. On December 21st, 1996; is that correct?

A. That is correct.

273. Now, what prompted that complaint at that particular time?

A. Your driving at me with your car.

274. It doesn't say anything about a car in this deposition of Bradley Clarida.

MR. FEIFEL: It's not a deposition of Bradley Clarida.

THE DEPONENT: It just says here that your harassment has become criminal in nature. That would include the driving at me with your car, along with the harassment of photographing and videotaping. It all ties in together.

BY MR. TOWNSEND:

275. So according to this statement of Bradley Clarida, the officer that you talked to, the complaint was that I was taking photographs; is that true?

A. I just read to you ‑‑ sorry, finish your question.

276. Was that the substance of the complaint on the 21st of December?

A. No.

277. Who called the police in respect of a log that was moved on the right‑of‑way around the 19th of December?

A. I have no idea. It was probably you.

278. Prior to December the 8th, 1996, did you complain to the police about an allegation that I was harassing you by videotaping and photographing you and your family?

A. Yes.

279. Now, in your evidence, you had stated that you had called the police?

MR. FEIFEL: Page?

BY MR. TOWNSEND:

280. And that your husband had called the police? Page 88, line 17 ‑‑ or 14. Did you call the police when this alleged incident happened? Your first answer was, "Yes, I did."

A. Hang on a minute. You're referring back to the December 8th incident? I thought you were talking about a log. You've confused me. Could you please stay on the focus of the topic, here.

Q. I'm talking now about the criminal harassment charges that you say was about December the 8th?

A. It was on December the 8th.

281. Yes. Now, that's what you say.

A. I'm glad that you agree.

282. Did you call the police when this alleged incident happened and you said, "Yes, I did"?

A. I say my husband did.

283. You didn't mean, then, that you did?

A. Mr. Townsend, this is the answer I gave at trial and this is my answer today. I was very nervous at this trial, very, very upset. When I say, "yes; I did," my husband did. We are one.

284. Now, on page 150, you're talking about the substance of this complaint that Mr. Clarida filed, and it seems like your concern was the allegation that I came at you with my car, and you considered that to be life‑threatening?

MR. FEIFEL: Where are you referring to, Mr. Townsend?

MR. TOWNSEND: Page 150.

MR. FEIFEL: Where?

BY MR. TOWNSEND:

285. Line ten, eleven. And then you go on to say, "Harassment of videotaping. Harassment in that way is a stress on my health, my family, all that ties together." So, your concern was the videotaping and the car, the allegation I drove my car at you, those two items?

A. This is what I said at trial and that's what I say today.

286. Okay. Over what period of time would you say I was videotaping you?

A. The videotaping and using the still camera?

287. Excuse me, videotaping.

MR. FEIFEL: Use a reference point, let's say the car incident, how long before that?

THE DEPONENT: That's right, that's what I'm using, because I don't believe he had a video camera before. I think the camera came around, it might have been December of '96, right on until I moved in October of '97. That is my recollection.

MR. FEIFEL: So the videotaping would have been shortly before the car incident?

THE DEPONENT: I believe it was around the December mark.

MR. FEIFEL: Of '96?

THE DEPONENT: Of '96. I can't pinpoint a day, a date. So from, I would say, December '96 until I moved in October '97.

BY MR. TOWNSEND:

288. Does your 5th last paragraph of your statement purport that you had enough of my picture taking by December the 10th, 96?

MR. FEIFEL: Which statement is that, tab 16?

BY MR. TOWNSEND:

289. Last paragraph, the bottom of the page four. The paragraph concerning on December 10th, 1996, the bottom of the paragraph you say, "By this time I had my limit of Mr. Townsend constantly capturing my family and me on film." Is that when you decided to go to the police?

A. What does ‑‑ I don't understand your question.

290. Your statement is ‑‑?

A. The police had attended to our residence many times.

291. Your statement is, "By this time I had my limit of Mr. Townsend constantly capturing my family and me on film."

A. Um‑hmm.

292. And this is the paragraph concerning December 10, 1996.

A. All right.

293. Is that when you decided to go to the police about my picture taking?

A. I think the police already knew about your picture taking and your videotaping me. I think they already had that complaint. By this time I'd had my limit of you and something had to be done about you.

294. So that's when you went to the police, then, to have something done about it?

A. It doesn't say I went to the police that day. In my mind I'd had enough of you, I couldn't stand you constantly harassing me. Every time I stepped out of my door, there you were. I don't know how you knew I was coming out, but there you were.

295. Now, turn to page 76 in the trial transcript. Beginning at line ten, the Crown is asking you a question. He says, "Okay, now was there one event, or maybe more, I don't know, was there any events in December or before December that lead you and your husband to say anything to the effect of enough is enough, and decided to go to the police and ask for charges?" And your answer was, "Just the severity of his harassment was just escalating to the point where I couldn't take it anymore." Are you referring to that 10th of December that the severity got so great then that you couldn't take it?

A. I'm referring to the whole three‑and‑a‑half years I lived beside you. Like I stated before, it was a living nightmare.

296. Well, this says December 10th you had enough. Is that what you meant to tell the Crown that by that time you had enough of me so you decided to go to the police?

MR. FEIFEL: Mr. Townsend, she just answered it, three‑and‑a‑half years was the severity of the harassment.

BY MR. TOWNSEND:

297. Okay. And now you say, "And I was afraid that since he came at me with his car, what was the next step." So your decision to go to the police was after you claim I came at you with my car; is that true?

A. What I say here is what I say now. This car incident was very traumatic for me, and it had ‑‑ something had to be done. Like I say here, what was the next step, the next time you were going to hit one of us? I couldn't put my family in jeopardy. I had to seek help from the police.

298. Now, on page 71, we're talking about incidences, it says prior to December the 8th. Line 13, the Crown says, "All right, now, prior to December 8th of '96, had the accused done anything by way of, you know, a threat or a threatening gesture to you before? Your answer was no. So obviously your complaint was after December 8th, wasn't it?

A. I think the question he's asking me here is if I felt my life had been threatened, and that's why I answered no.

299. What is a threatening gesture?

A. It was the Crown's question.

300. What did you interpret it to mean, a threatening gesture?

A. Words.

301. Did you feel in any way that a camera was a threat to you?

A. I felt your camera was a weapon of harassment.

302. Did you think it was a threat to your safety?

A. No. It was a threat in the sense that you were harassing me and upsetting me and totally unhappy. I turned to my house, it's like we were living in a cocoon. I wouldn't even open the living room curtains so I wouldn't have to look at your house. We just lived in this great big cocoon, you know. My son, he wanted to go outside, no, you can't go outside and play.