Depostion of Annette Libby

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SUPERIOR COURT

0RISINAL

Case No.2L2-2OL1-cw-00298

THE STATE OI' NSW TIAMPSHIPE

CARROLL COUNTY, SS

EDIVARD C . I'T,IRLONG,Route 3O2, PO BoxBartJ-ett, NH 03812

PJ.aint'iff,v.TOI{N OF BARTLETT 56 Town Hal_J.,Road Bart1et't, NIt 03812, andEIMOTHY CONNIIEY Bart].ettPo].ice Chief RR1 Box 49 TownHaI1 Road, f nt'erval-e , NH 03845 ,andAnnette Libby BartJ-ettRecreat'iona]. Director 15Meadows Driwe Madison, NH 03849

rrr, 1455 us447

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Defendants.

DEPOSITION OF ANNETTE c. LIBBY, a Defendant inthe abowe-mentioned matter, taken pursuanL toagfreernent by counseJ-, before Susan F. LozzL ,

Registered Professional- Reporter, License No. LAO ,

in ttre State of New Hampshire, at the BartJ.ettTown HaJ-I, 56

New Hannpsttire,

commencing at

Town Hall Road, BartJ-ett,

on Thursday, October 18, 2OL2,

11 : 11 a.m.

DUFE'Y & McKENNA REPORTING ASSOCTATESP. O. Box 1568

Dower, NH 03821-1658(603) 743-4949

Tol]. Free: 1 (800) 600-1000

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EDWARD C. FA'RI.ONGP. O. Box 447BartJ-ett, New(603) 374-9257E'or Edward C.BY: EDTIARD C.

Hampstrire 03812

FrrrJ-ong, PJ-aintiff .FI'RLONG, PRO SE .

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BOYNTON, IIALDRON/ DOLEAC, WOODr{A}I & scoTT, p.A.P. O. Box ALB , 82 Court StreetPortsmouth, New Hampshire 03802-0419(603) 436-4010For the Defendants.BY : WIILIAIT{ c. SCOTT , ESe .

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INDEX

ENNETTE G. LIBBY

Direct Examination by fvlr. E'urJ.ong

No.No.

No.

5

6

Pagre

4

Page13

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EXHIBITS

DescriptionDeceml.er 4 , 2008, J-etter sr:bnittedto ttre Se].ectmen' s Office.fnterrogatories and ptrotograptrs.

*** Origrinal- exhibitsby l,Ir. FtrrJ-ong


Annette Libby

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P-R-O-C-E-E -D - r -N-G- S

AI{NETTE G. LIBBY, trawing been sworn toteJ-I the truttr, testified as foJ.J-ows:

DIRECT EXAMINATTON BY MR. FURLONG:

A. T[ou1d you state your fuJ.]- n€rme , pJ-ease .

A. Annett'e GaiI Libby.

A. Can you state where you reside at?

A. 173 Meadows Driwe, l"fa.dison, New Hanrpstrire.

A. How long trawe you liwed at that. address?

A. Ten years. Ten or so.

a. Prior to that? Prior to liwingi t'here?

A. ,Just up the street. I f we J-iwed in Madison

cJ.ose to 15 years.

A. YVtro eJ.se resides there wit}r you?

A. My husband, Stephen Libby.

A. Is Mr. Gar1and, selectmen for the Town ofBart1ett, is tre a persona1 friend of yours?

A. No, l:e I s not.

a. How 1ong trawe you known Mr. GarJ-and?

A. Since f met ,him the day f was being

interwiewed for ttre recreation director ' s j ob . That

would have been in Novernber of I ttras interwiewed

in October September or October of 2006.

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a. How

of BartJ-ett

director?

Annette Libby

did you come to get hiredfor a recreat'ion deparbnent

by ttreposi

Town

on as

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A. There was an ad in ttre paper and I liedfor the position.

a. How did you eome to acquire so many

bouJ.der-type rocks to be pJ.aced between ttreJ-ines of Mr. Furlong's and the BartJ.et,t Water

Precinct field owned by the BartJ-ett lVater p inct?A. How did I acquire that? Is that

was the guestion? How did I acquire them?

belonged the rocks were the property ofacross the street from the ba]-]. fie]-d.

a. Did you ask him if you corrJ.d trawe

Did he offer to donate them?


t

owner

A. He offered thm.

A. How did tre know that you needed them

A. We were at the ball fieJ.d tlrat day, nd he

ievecErme over and asked us if that was Ittrat was ttre sanne day that we trad put ttre J.og

across, and I beJ-ieve he came over and was n9

to us and asked if we wanted those rocks move

tLrere and I said sure.

over

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Can

tl.e

a.

you

A.

log

a.

A.

a.

MR. SCOTT: Go ahead

A. The J-og was pJ-aced beyond

Annette Libby

You mentioned t'he logs that you

te]-]. me about them?

I beJ-iewe you trawe a J-etter ttratbeing pJ-aeed.

p1aced.

about

I don' t hawe it trere in front of me.

TVeJ-1, I don' t hawe it here, eitlrer.

Where were the logs pJ-aeed?

THE WITNESS: He knows wl.ere the 1og

rras pJ-aced.

between it actualJ.y was pJ.aced

and answer it.

ttre opening

on ba].l fie].dproperty between your property and ours.

A. BJ.ocking the entrance to the four cabin

rent'als on Mr. Furlong's property?

A. I wouldn't say bJ-ocking them. WeJ-I, yeah,

I would say yes.

A. Now, in your own opinion, ttrose bouJ-ders

that were pJ-aced down, are they pretty? Are they

ugly? What' s your take on them?

I didn't think they were unat'tract'iwe.

And what was their purpose for being

i pJ.aced on ttre property J.ine?


A.

a.

Annette Libby

T}.e purpose of those boulders being putal-ong with the J.og was t'o stop your going

our green sPace.

Tl-e Water Precinct property gtreen space?

Mh-hmm, which Bartlett rec is in charge

So t'trere is a J-ease t'hat reJ.inquishes

MR. SCOTT: Stop for a second. Hold

is whether or not there eras a lease and

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A.

there

across

a.

A.

on. That

of.

A. Do you hawe a written 1ease to t'tre

reJ-inquincy of

A. I beJ-iewe you trawe that', too.

A. I donrt trave that.

A. TVeJ-J. , I don I t have it, wittr me , either ,

because I !"asn' t asked to bring any documentat'ion

wittr me.

a.

whether or not somebody has a lease has nothing to

do wittr the al.legations you'we made against

MR. FURTONG: ft''s pubJ.ic information.

MR. SCOTT: You can dea]- with it in a

separate issue. We're not dealing with it this

m,orning. Irm not sayingr you don't hawe a right to

the J-ease, but ttrat' s not part of this J.awsuit.


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Annette Libby

Werre just trying to focrrs on t'his

MR. E URLONG: That I s

a. ?[tro ordered the pJ-acement

the J-ogs to be thrown down in ttre

b].ockade or t'o sever the two l-ots?

selectsren?

Iawsuit.

fair.

of the rocks and

gtreen space to

Wtro? TLre

I don' t think ttrat has

A. No, txo one ordered it. No one ordered

f be].ieve

a.

A.

second.

THE WITNESS:

any bearing on this.

Whose idea was it?

I fwe got' to get my gJ.asses, and I don't

MR. SCOTT: Why don't we stop for a

MR. SCOTT: Yeatr, I was going to

say I was tryingr to giwe, again, some J.at'itude,

but can you teJ.J. me how that reJ-ates to ttre

al-J-egations you've made against Annette Libby?

MR. FTURLONG: Tfe].]-, I>ecarrse it's a

form of oppression. Vfltren you bJ.ock off a commercial.

entity from ent'ering into the commercial entity,

it I s a fo::nr of oppression in violation of due

process Iaw.


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Annette Libby

MR. SCOTT : Then slre ' s not going to

answer questions about ttrat because ttrat tras nothing

to d.o with this ].awsuit.

Your right to rrse ttrat' J.and tras been

adjudicated by t'he court's; signed agrreements t'o that'

effect. Ttrose agireements trawe been upheJ.d by the

stat'e and federaJ. courts and we're not groing to deal-

with that.

MR. FITRLONG: Mr. Scott.

MR. SCOTT : Donr t even bottrer arg-uingr

because lrm not going to get into it. Werre not

going to deal- with.

MR. E'URLONG: I I m just going to state

for the record the roadway or ttre driweway, whatewer

it is, CJ-ass 6 roadway or driweway tras never been

adjudicated. It's never been brougtrt up in court.

It tras never heard, nor it absoJ.uteJ.y newer tras

been. There' s no res judicata that can aPPJ-y to it.

I meanr so I don't know where you're

getting your inforrnation from. Wtrat lras been

adjudicated against is the baJ.J- field proper, the

green area, has been I was issued a letter

statingi to stay off the ba1l field,' not the roadway. i


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Annette Libby

The ball fierd. Ttrere's two clifferent things.have a baJ-J- fieJ.d and then you hawe a roadway.

understanding

alJ. f can re1y

that this case

any town, town

You

MR. SCOTT: My understanding my

is entireJ.y different' ttran ttrat and

on is my understanding, and ttre facttras nothing to do with access overproperty or property owned by ttre

rvater Precinet over whictr the town tras contror.So to the extent ttrat you want to ask

Annette Libby questions about your arreg.ationsagainst trer, yorr certainly hawe every right in theworld to do that, but we're not gioing to litigateanyt'tring with that roadway or access way ordriveway, wtratever you caJ-J. it, in this case.

a. Did you inform the seJ-ectsren tLrat youintended to brock off the commercial property of!fr. Edward Furlong?t7

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MR. SCOTT: Objection.instruct Lrer not to answer.

f wou].d.

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A. After t'he erection of the fence al.ong theproperty lj-ne of I'tr. Furlong and the Bartlett l{aterPrecinct property, did you hawe a barbecue?

A. I'd hawe to refer to my notes. I wouJ.d.


Annette Libby

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A.

hawe to refer t'o my notes because it was

cou].dn I t

MR. SCOTT: ff you know.

Let me can I state this? There was abarbecue held for wor-unteers that worked at thef ield, br:t if it was that day, if it was af ter tbrefie]-d was erected or before tl-e fie]-d was

erected I mean the fence was erectecl, IcouJ.dn' t I eouJ-d not h.onestJ-y answer thattruthfuJ.J-y.

MR. SCOTT: Ttrat's fine.I just couJ-dn't unJ-ess I referred t'o myA.

notes .

A. IVeIl, I remember,

that you yelJ-ed over to me

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I, being, Mr. Furlong,

on my property and askedme if I wanted a hamburger. Do you recall that?

A. I do recal.J- that, and it,s al-so in my fanswered that in my interrogratories that ttrere was abarbecue and it' was and r did ask you because youwere peering over towards r:s if you wourd. like tojoin us, and r thought that was very neighborry ofme.

A. Thank you.


Annette Libby

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A. Let me see if there,syou hawe ttrese interrogatoriesyou?

A.

Fa]-]' of

fieId.

fie].d.

a date on here. Do

that I answered for

Yes . I hawe them right trere.(Rewiewing document. )

It' s on there . .fuJ-y no . Let r s see.October 2008, fieldwork being done at theWork of the new storag,e facility for ttre

So it was nothing about ttre fence tlratday. Many wolunteers were present. we hosted a

barbecue for those wtro wolunleered their serwicesthat' day - Mr. Furrong was watclrin€t rrs , ancr r asked,

him if he would like a burger. He rep1ied no .

That was not the day the fence was

erected. That was the day we were put,ting, up theshed. We were beginning work on the stred..

A. I hawe a J-etter from you dated December 4,2008, and you submitted this to the selectmen'sOffice. Is this your J.etter?

(Rewiewing: document. )

A. Yeah , that t s my letter . yes , I 'm sorry .

MR. FttRLONc: WouJ.d you J.abel that


Annette Libby

Exhibit 5 wtren Mr. Scott' s d.one with it, please?(Exhibit No. 5,. so marked. )

A. f n answering your questions in ttreinterrogtatories, No. 5, you stated. t*at photos !,reretaken to doeument certain matters and ttre greneralpuaT)ose was not to photograptr ttre pJ-aintiff ,s,Mr. Furlong' s property.

A. Mh-hmm.

A. Do you stiJ.J- assert ttrat's the truth?That you were just mereJ-y taking photographs ofwlrat'?

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question, interrogratory states, and teJ-J. me if f 'mtirnes andnot reading it right, set forth the clates ,

reasons you took pictures of l"Ir. Fur1ong' s property.Answer: Photos were taken photos

erere done to d.ocr:nent certain matters and thegeneral. puaT)ose was not to photograph thePlaintiff's property. so that's the absoluterycorrect reading of the interrogatory ancl ttrat

Of our boundary 1ine.

ilust ttre boundary line?We were doing boundary J-ine work for

MR. SCOTT: WeII, let me just the


Annette Libby

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answer.

a. Referring back to theJ.etter dated December 4, 2OOg,

third paragraptr down she statespictures . One strows the openingbuiJ-ding with a ramp and t'he new

What can yout teJ.J- me about thatMrs. Libby?

A. Can I see the letter?

a. Abso1ut'eJ.y.

A. Ttrank you .

Ietter, Mrs . Libby, s

the second pa9e,

ttrere are three

of tlre refurbishingwindow and siding.

statement,

(Rewiewing document. )

THE WITNESS: Can I have a moment tojust read it?

COURT REPORTER,' sure.

THE WITNESS: Thank you.

(Reviewing doeument. )

A. The first paragraph of the J.et,ter stateswtriJ-e working so whiJ-e f was working at thethe first paragraph states that while r was workingat the f ield, r obserwed these things occurring.And, once again, I'd like to say I d,on't know whatthis has to do with the al.legations you've made


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Annette Libby

against me.

MR. SCOIT: We'll let him ask thequestions. Try and mowe it along.

O. As f refer back to ttre lett,er datedDecember 4ttt, 2OOg, the seconcl page, para'raptr fiwe,you state during my time at the fierd this d.y, workwas being' done to the inside, rigrhts were on and. youcou1d see peopJ-e mowing around working. I couJ-dhear hammering.

Can you teJ-I me what that hasyou as recreatj-on director and the workperforming or supposedJ-y performing onfie].d?

to do with

you !ilere

the precinct

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A. Yes , I can telJ- yoLt that . That , s a baLJ-

field. r anr in charge of that barr fierd. r a^n atthat ball field a rot. r have a storage facirityttrere. r trost actiwities there and it is werlwittrin my duties as director to be on that property.

And during that time I was therer w€ werehawing a lot of work done on that fierd. wourd youagiree?

I suppose.

We were erecting a nes, shed. We were

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Annette Libby

doing major improwement's to the baIInew glravel , new fencingr/ nelv inf ieJ-d,

so I was ttrere a Iot owerseeing t'hosedone. Tl.at is part of my job.

So wtriJ.e I was ttrere, yes , Inoises. I saw peopJ.e mowing around,.

is very 1ittle green space 1eft, it,swiew your property from my property.

fie1d. itseJ.f,

new outfieJ.d,

duties being

treard those

Because therevery easy to

A. What did you gain by documenting such Imust see at least s0 50 photographs trere - whatdid you glean by docrrrnenting and reporting directryto ttre serectmen t s office with this retter d,ated,

Decmber 4|'h, 2008, ttrat had nothing to do withactivity or work being done in the name of ttrechildren or whoewer on ttre Bartlett rvater precinctproperty?

MR. SCOTT: Objection to the forrr ofttre quest,ion. I think you've come to some

conclusions that may not be consistent with why she

made obserwations, but if you can answer thequestion, Annette, ga ahead and do it.

TIIE Wf TNESS : I just have to ask you a

quest'ion.


Annette Libby

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(TVitness and counsel confer. )

A. Ask ttre question again, pJ.ease. I g-uess

think r can rernember the guestion. ?rtrat gain didhawe? fs that the question?

A. That' s correct.A. Okay. you al-so referred to pictures that

I sent with that letter?

A. No. Interrogatories .

A. Okay. With the interrogatories ttrat youasked ttrose pictures that you asked for were notin reference to that letter, correct?

In nry interrogatory, I don, t, everremember Itm 1ooking to see if Irwe ever beenasked about that ].etter.

A. WeIl, I donrt know what' otherpictures there I s no pictures attachecl to this.

MR. SCOTT: HoId on a second. A

eouple of thingis. one, r think it makes sense toask why the photos were taken initiarly. The factthat they may show a coupJ-e of ttrings may l:awe

resulted in them being sent with the letter, but rdon't know that you seen to be asking you seem

to be concruding that because they were sent with


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Annette Libby

ttre letter they rdere taken to strow zoning wiolationswfren they may trawe been taken for other purposes and

may incidenta11y slrow zoning wiolat'ions .

THE WITNESS : Can I see ttle pictures?MR. E URTONG: Can we mark ttre

interrogatories as Exhibit 6.

(Exhibit No . 6; so marked. )

A. Ttris picture ?rere that shows red pa.intJ.arg:e pine trees, those are gfovernment boundary

markers . T[e took this picture to to docr:srent

that, where ttre boundary marker was .

ff you notice, there' s a ribbon al.so inthe pieture with a stake. That stake is where our

boundary wtrere our original- marker should hawe

been which was missing,. trence why we had to €to

through having it surveyed before rre could put the

fence up. This one here is my own property showing

t}.e no snowmobiJ-e signs they put up.

A. Your own property. Do yolt owll theBart1ett Water

A. Irm sorry. The Water precinct property.

Wfren I refer to it as mine, I'm the caregiwer of it.

A. UnderstandabJ'e.


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A. This strows a

new granite marker was

gate that we put up t'o

Annette Libby

stake in t'tre g'round wtrere a

placed and it' al.so strows thekeep snowmobiJ-es out.

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a.

A.

Irm sti].]-

me to do

Do you

I f m no . I I m g'oing to ask ttre ques tion .

answering the other question. you wanted

this .

This here is a picture of the reason

this your property in this picture was taken was

because you pushed aJ.J- ttre aJ-J. ttre snow up onto

our property. I was document'ing ttrat for my own

Purpose.

This is the trailer ttrat was parked on

precinct property. This is our boundary. I'mtaking a picture of the ribbon. This is this isprecinct property. Nowhere ttere is your property

slrown.

This here is rny husband putting out the

ribbons down the property line with a berm because

this is ttre green space you continued to ride over

with your ATV and we wanted to prot'ect our green

sPace.

A. Do you hawe pictures of the ATV riding


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a.

A.

a.

Annette Libby

ower?

A. Oh, yeah, I do. I think those are inLrere, too . This shows your post,ing of a no

snowmobire sigirr. Ttris shows ttre work ttrat we put inthe new roadway. It strows the nertr fence. It shows

our concrete our granite marker.

It strows the boulders ttrat we pJ-aced and

it slrows and of course it shows ttre sign ttratsays no parking and of cotrrse it shows your property

because Itm taking a picture of my boundary. Do you

want me to continue?

A. No. Yorr I we done weJ.J. .

A. AJ-J. right. Any of tl.ese you real-J.y want

me to specifical.ly answer? This a1so is a picture

of your property showing trow you I we pushed aJ-J- the

snow up, which you receiwed a J-etter from showing

Mr. E"urlong wideoing a basebal.J- game?

(Rewiewing docr:ment. )

Wetre good.

Okay.

Tl.ank you.

Ttrank you.

On ,Iune 16th, 2OtL, do you recal.1


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Annette Libby

A.

a.

A.

a.

.Jrrne 16th?

Yes.

Yes .

2OLL .

A. I don't I don't reca]-l tttere was two

times ttrat you rf,ere wideotapingr a baseball- game r so

June 15th, my interrogatory states f ca1J-ed toreport t'he complaint's of a man cal.J.ed to reportth,e compJ-aints of a man wideot'apingr ctrildren at ttre

CaI Ripkin BaJ-J. Field.

So I did not witness you tl.at day. f

receiwed a eaIJ- from parents tFrat t}:ere was someone

videotapirg, so I did not witness yorr that day.

a. What day did you witness me on that?

Mr. Fur1ong.

A. The next answer / your interrogatory says

set fort'tr the date, tirne and sul>stance of eactr and

every encounter on ttre ptrone or in person you trawe

}-ad with the BartJ.ett, PoJ-ice Department, incJ-udj-ng

i any and aJ-J. persons present and former Bartlet't

I eoJ.ice agents , officers . So on .Tune 22nd,, 2OLL, dsl

I

i represent'ed by Mr. Furl-ong ' s video that' s on yourl

L] website, I spoke with t'Ir. ConJ-ey about more wideosI


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of the ctril-dren at ttre Ca1 Ripkin BaJ-l- Fie1d. That

was ttre date that I planned on being there because

it was tlre next game and I trad a feeJ.ing you would

be there wideotapirg, which you were.

A. When yorr witnessed myseJ-f I lulr. Fr:rJ-ong,

wideot'apirg, did it appear ttlat I was total.J.y

focused on ctriJ.dren or just wal-king arorrnd

interwiewing peopJ-e? Vltrat did you

THE WITNESS: Do I trawe t'o answer

that?

MR. SCOTT: As best you know.

A. Ask me the question agiain.

A. Wl-en you witnessed Mr. FurJ-ong, myseJ.f,

wideotapingi that day on June 22nd, zOLl, did it

appear ttrat he was focused just on ctriJ.dren or was

tre focused just on general-ities?

A. Vlhen I witnessed you the compJ-aint I

got directJ.y from parents and chiJ.dren was that

ttrere was a man wideotaping them, asking ttrern ttreir

n;unes; and when I came down to the front of ttre

fie]-d because I was at ttre back of t'tre fie]-d at

that time, I came down to the front of the fieJ-d.

cal.led t'he police on my way down and told them


Annette Libby

thatts wLren you ttrat's wtren you started

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because there was an officer ttrere and tre ref t. rcarred to hawe him come back because once he left,

wideotapingr and, yesr you were just general-J.y

walkingr arorrnd. You interwiewed serrerar peopre ttratday. You tried to interwiew me, but I igmored you.

I said I trad no eornment.

A. But, yet, you stated to Officer Ed Conley

when he arrived that I was ptrotographing children?MR. SCOTT: Objection. Wtrere did you

get that information?

MR. E'URLONG: From her statement,

interrogatories .

MR. SCOTT : Can you show us wtrere thatinterrogratory is and what ttre answer is?


MR. F'URLONG : No . 9 , interrogat'ory No .

9 , the answer was No. 1 . Cal-led to report

compJ-aints of a man wideotaping chi1dren at ttre CaI

Ripkin baJ-J- g'ame.

THE WITNESS: That's on the 16th.

MR. EURLONG: June 22nd, 2OLL, 6s

represented by Mr. E\rrJ-on€f 's video, I spoke with


Annette Libby

officer conley about more wideos of clrildren at, theCaJ- Ripkin baJ.J. game.

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ttrat you

question

not to be

trer what

MR. SCOTT: It doesn't say stre saidwere wideoing clrildren.

MR. FURTONG: W}:at I s it saying then?

MR. SCOTT : It sorrnds ]-ike it I s more a

and a reminder to the officer that you'rewideotaping ctriJ.dren. Why don' t you ask

she said to the officer?

Wtrat did you say to ttre officer wlren tre

how

I told

not

a.

arriwed?

A. I toJ-d him t'hat you were wideotaping

agrain; ttrat you had your catnera out again .

A. Cl.iJ.dren or just my camera?

A. I don't think I specified. I think

€rm I supposed to remember word for word what

an officer during a conversation that' was two

even two minut'es long?

L

A. WeJ.J. , because in ttre int'errogatories you

mentioned chiJ-dren repeatedJ-y.

A. I asked for the officer to be t'here,

M! . Ftrrlongr. On the 15th when I f irst €tot the

compJ.aint from parents that you were asking them


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Annette Libby

their names and, surprise, you're going to be1

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on

jobthe

asnews, bJ-ah, bJ-ah, blah, blah, b1ah, I did my

director protecting my

A. Your what?

A. my kids, By peopJ-e. Ttrey're at a baJ.J-

game. Ehey strouldn' t be beingi wideogiraptred and

asked questions about battrroorns or anyttring e1se.

If you trad a kid at ttrat baJ-I game and

wanted to wideotape ttrem, f ine , l>ut to wal-k around

and question ttre g:eneral. pubJ.ic about me, my

position or anything else is wrong.

A. Let me ask your you state that you're the

caretaker, t'trat' yorr're the rec director and thatit's your fieJ-d/ your you know, it's under

your why is it there $ras no porta pot'ty ever

brought in?

MR. SCOTT: Objection. Werre not

getting into that,' that tras nothing to do with

anything.

a. Did you ever

Edward FurJ-ong taking

you ever use the word

did you ever refer to

pictures of chiJ-dren did

'fpedoplriJ-e"?

I

JA. No.


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Annette Libby

A. Hawe you ever trad any discussions withanybody ttrat any of tlre commissioners at theBart].ett Water Precinct? There, s threecommissioners. Hawe you ever Lrad any discussionswith ttrelrr regarding Ed Furlong?

A, General. . I mean , trawe I had any

discussions with thelrr?

9. Yes.

A. Yeah, seJ.ectmenrs meeting. I go toseJ.ectmen r s meetings.

MR. SCOIT: Hold on. He asked you ifyou trad any discussions with ttre commissioners ofttre Water Precinct regarding Furlong.

A.

vag-lre.

Personal- nature? Ttre qrrestion is t'oo

I mean, trow do you I don' t it r s va€fue.

Personal. nature? Business nature? Meetings?

I will answer that. you know the ansriler

to that. There ' s a Letter tlrere . I wrote a ].etter .

I mean , of coLrrse f hawe. Your name comes up inconversations with ttre se]-ectmen.

9. Ttre BartJ.ett Water Precinct commissioners,

Bob BJ.ake, Matt Howard or David Ainsworttr. There' s

ttrree comrnissioner that' sit on the


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Annette Libby

A. No . Ttre on1y time I r we ever trad any

discussion about you with any of ttre commissioners

outside of that December 25th when r got the ptrone

ca].l that you were on the bal-]. fierd with your snow

machines , outside of that r tlo. I vrent to one

meet5-ngi, which is in ttre interrogatories .

A. What trappened on that' day, on

Decernber 25th, Christmas day? What happened thatday?

A.

to read

a.

A.

about on

you were

property

and the

I wrote it in my interrograt'ories . I{ant me

it' t'o you?

Sure.

Quest,ion 16: What were you doing ta1king

the morning of December 25th | 2008, when

parked across the street from Mr. Ftrrlong's

with the ottrer Defendant , Steptren Libby,

Bartlett lfater Precinct, Bob Blake?

I be]-iewe December 28th December 25thyras about ttre time wtren you got a cease and desist

order around that time. So my answer is, we were

discussing and viewingr the bal-l fieJ-d. We were

parked in ttre parking lot across the street from the

precinct the precinct park entrance,' not


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Annette Libby

Mr. Furlong' s property. Mr. FurJ-ong wideot'aped thisewent. Ttrat' s my answer.

A. Did you not trave anyttringr better t,o do on

ctrristmas day ttran be across ttre street documenting

ttrings that Mr. FrrJ-ong was doirrg?

MR. SCOTT: Objection to the form ofthat question. You want' to ask her why sLre was

t'trere? It' s a J-egitimat'e question.

A. Why were you there on Christmas morning?

A. f €fot a cal-I that, you were on the balJ-

fieJ.d property and you weren I t supposed to be.

A. And who was the person tlrat ca1J-ed you?

A. Interrogatories. You asked me tl'at

question, too. Have you read my answers?


A. On December 25th | 2OO8, under

interrogatory four, set forth the dates , times and

sr:bstance of each and ewery encounter yorr Frawe had

wittr ttre Plaintiff , Mr . Edward Furlong.

So f one of my one of ttre dates f

put down was December 25th, 2OO8. I receiwed a

phone call from Bob Blake, Water Precinct

Commissioner at that time, ttrat there was a


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Annette Libby

snowmobiJ-e ttrere was snowmobile actiwity on the

balJ- fieJ.d. Steptren, Bob Blake and I were parked

direct'J-y across t'tre street at the entrance to the

baJ.J- fieJ.d; not across from Mr. Fur1ongrrs property

as tre indicat'ed. Mr . Furlongr wideotaped us wtriJ-e we

were there. To ttre best of my knowJ-edge and

recollection, blatr, bJ-ah, b1ah,

A . On .Ianrrary 16th , 2OO9, you inst,nrcted ttre

se]-ectmen to take a rea]. trard look at ttre docurnents

that your husband, Stewe Libby , had f ound on ttre

precinct field. Can you tell me about' that?

MR. SCOTT: Objection. This is ttre

l-ocation of tl-e boundaries has nottringr t,o do with

anything in this lawsuit and tlrere's no reason why

she should be answering that.

MR. EURLONG: In my Complaint I claim

violation of due process and oppression regarding

access to my own property for Pete I s sake.

MR. SCOTT : ?Iait a minute . If you I re

accessing it over town property, are your saying that

they did anything

MR. FURLONG: Irm accessing' my

property ttrrough a class what is known as a Class


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Annette Libby

6 roadway.

MR. SCOTT: Ttrat' s my r:nderstandingis that that has been A, that's not part of thisl-awsuit , B , ttrat' s been dea].t with by t}-e state and

F'ederal. Courts and, Ct she's not going to answer

questions regarding sornet'lring ttrat is not part ofthis lawsuit and ttrat you hawe J-itigated on at J-east

two J-awsr:its and probabJ-y ttrree r so thatt s wtrat

stre I s instnrcted by me today.

MR. EIIRLONG: I just want' to remind

you, BiII, ttrat none of ttre 1itigation that was ever

heard was never heard on the merits of the case and

the cases rtrere dismissed. I mean

MR. SCOTT : You know, ttrey can be

If m not going to argiue about t'hat. My understanding

of the cases is that and f haven I t been involved

in all of them. I'we been inwo]-wed in the Federal

Court cases and there !{ere two of ttrose and bot'h of

t'hose were dismissed.

There were a].so at ]-east two Stat'e

Court cases and maybe more r so you may not agree

with this, but it seems to me you'we got' an awfuJ.

J-ot of due process but you just don' t like ttre


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A.

say.

a.

A.

a.

resuJ-t, so I f m instructing Lrer not to answer any ofttrose questions.

A. Do you know Mr. Don Ryder? IIe was the one

ttrat pJ-aced ttre two logs across ttre entry to my

cabin renta1s , Mr . E'ur1ong' s calcin rental_s .

A. Mh-hmm. Her s the town forester.

A. Did you pay him

answer

A. No.

to drop them logs?

No.

A. He did it pro bono, for free? .frrst out of

kindness of his heart?

Kindness of tris heart, I garess you couJ.d

Did he ask wtry are you b1ocking this?

No.

He asked no questions. In your tenure as

BartJ-ett rec director, Lrow many times trawe you

you can reea1l roughly that you cal.J.ed the police on

Mr. Furlong? Hal-f dozen? Dozen?


A. Yeatr, I'd say hal.f a dozen to a dozen

times wouJ-d be fair. ProbabJ.y yeah, that would


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be fair.

a.

A.

a.

arrested

issued

Con1ey

C]-ass

WeJ.J-, Mr. Furlong' was never arrested orany sunrmons except for t'tre one time ttrat Mr.

arrest'ed Mr. FurJ-ong for trespassing on the6 road.

Annette Libby

HaIf a dozen to a dozen

Any of ttrose times?

Maybe Iess.

When you calJ.ed, was Mr.

or issued any summons orI donr t know.

times .

Furlong ever

anyttring?

I think yorr I re testifying.

ff she doesn't know, she

MR. SCOTT:

Just ask her a question.

doesn I t know.

A. Do you recalJ- ttre damage to a section offence al-ong the perj-rteter of tkre bal-I fieJ-d that you

elaim that Mr. Furlong damaged ttrat tre $ras

sr:bsequentJ-y issued a biJ-J' for the repair?

MR. SCOTT: Has that got something to

do with this ].awsuit?

THE WITNESS: No.

MR. SCOTT: Ho]-d on.

THE WITNESS : It tras to do with trisr

pushing ttre snow up agiainst ttre fence.

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Annette Libby

MR. SCOTT : Ttrat t s not one of ttreallegati-ons in ttre lawsuit, t1:at she's ca]-led. you a

pedoptriJ-e, that stre' s J-ooked at your property.Those are your al.J.egrat'ions.

A. Were you ever instructed by the seJ.ectmen

to act as a. J-ookout for anyttring pecuJ-iar trappening

on Mr. FurJ-ong's property?

A. No.

A. Do you harbor any resentrnent againstMr. Ftrrlong?

A. No.

A. Do

that. It' s

you J-ike Mr. FurJ.ong as a person?

MR. SCOTT: Objection. Don't anslrer

not reJ-ewant to what' s groing on in this

].awsuit.

MR. FURTONG:

mal'ice trere, I"Ir. Scott.

It strows t'here may be

MR. SCOTT : There I s been nottring thatLras occurred that would be relat'ed to ma].ice.

(TVitness and counsel confer. )

MR. E'ttRtONe: Rea.J-J.y .

A. And why would you state to ttre poJ-ice that

Mr. FurJ.ong was taking pictures of ctriJ.dren rather


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Annette Libby

ttran state tre was merely wideotaping a basebalr game

if t'here was no rna]-ice inwo].wed?

MR. SCOTT : SLre said stre didn ' t say

that. Stre said he t s wideotaping again and

MR. EURIONG: Mr. Scott.

MR. SCOTT : - - ttre off icer warned you .

MR. FURLONG: I would ].ike trer toanswer ttre guest,ion, Mr . Scott .

MR. SCOTT: Then ask a properquestion.

A. Then wtry would you state t'o ttre poJ-ice

wtren they arriwed on June 22nd ttrat Mr, Ftrr].ong, was

t'aking pictures of chiJ-dren rather ttran he was

just mereJ-y videot'aping a basebal-J. game?

A.

Your web

that.

a.

Because you took pictrrres of chiJ-dren.

your posting on your own website shows

Now, wtrat does that infer t'o t,tre normal

person tl.at Mr. Furlong was taking pict'ures of

ctriJ.d.ren? What would you if you d.id.n I t know

Mr . FurJ-ong, wlrat wouJ.d you infer frorn t'hat? Wou1d

you infer ttrat tre was a pedophile or would you infer

that he's just a normal guy?

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Annette Libby

A. I infer nothing from it' . Wtrere is itstated t'trat I inferred anything from it?

MR. E'URLONG: I think t'his concludes .

(Wlrereupon, the deposition concJ.uded

at 11 : 54 a.m. )


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T,

corrections:

PAGE/LINE NO.

ERRATA SIIEET

, wish to docr:rnent ttre foll.owing

CORRECTION


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SUBSCRIPTTON OF DEPONENT

State ofCounty of

Tl , do trereby certify ttrat I traweread t}-e foregoing transcript of my Lestimony and,furttrer certify ttrat said transcript (with/wittrout)suggiested corrections on the Errata sheet is a t=r:eand accurate record of said testimony taken at thetime and pJ-ace desigi:rated.

Date

Subscribed and sworn to before me thisof , 2OL2.

day

Notary PublicState of New HampshireCommission e:<1>ires:


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CERTIFICATE

I I Susan F. Lazzs_, a Licensed Registered

Professional shorthand Reporter for the state of New

Hampshire, do hereby certify that the foregoins is a

true and accurate transcript of my stenog.raphic

notes of the proceeding taken at the place and on

the date hereinbefore set forth to the best of my

sirl and abi-lity under the conditions presenr at theI i mo

r further certify that r am neither attorney or

counsel for, nor related to or employed by and ofthe parties to the action in which this proceeding

was Laken, and further that r am not a relative oromnl -r\/aa nfurLrvrvJ E= v! any attorney or counsel employed in thiscase, nor am I financiatly interested in thisact ion .

The foregoing certification of this transcript

does not apply to any reproduction of the same by

any means unless under the direct control and/or

direction of the certiiying reporter.

Susan F.License

Lozzt, R

No. 140^ry.r/PR //

Depostion of Annette Libby

Documents

ttre state of new hampshire

annette gaii libby

duffy mclenna court

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ssedivard c

t cje

court streetportsmouth

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