Page 1 Affidavit of Kristopher Personius STATE OF FLORIDA

Affidavit of Kristopher Personius
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
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Kristopher Personius says:
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1. Melissa Personius is my former spouse.
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2. Melissa Personius told me she went to Malio's on the evening of Janu~ry
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2013.
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3. Melissa Personius told me she talked to Phil Campbell and got him to ~tay
longer at Malio's and drink with her.
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4. Melissa Personius told me Stephen Diaco, Adam Filthaut, and Robert!
Adams were textingher while she was at the bar with Mr. Campbell. 1
5. Melissa Personius told me they asked her what was going on and toldlher a
cop was waiting outside the parking lot.
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6. Melissa told me when she and Mr. Campbell were leaving Malio's, Ivfr.
Campbell told her she was too drunk to drive.
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7. Meliss.a P:rsonius told me she made Mr. Campbell get her car from
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and dnve 1t.
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t~e vale.t
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8. Melissa Personius told me. that a block and a half away from Malio'J, MrJ
Campbell made a tum and the cop was ready and pulled them over.
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9. •Melissa Personius told me that during the traffic stop she got Stephe Diaso
and Robert Adams on the phone and they told her to wait for Brian · otroi)i
to pick her up.
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10. Melissa Personius told me Mr. Campbell's arrest was going to help t~eir
client's case and she was going to get a big bonus.
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Under penalty of perjury, I declare that I have read the foregoing affiravit
and the facts stated i it are rue.
Date:
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that's fine.
And so we had a stipulation not to
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conduct any testimony that day.
01:55:09
And I'm not sure whether it was that day
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01:55:07
we -- I think it was the next day
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or the next day,
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is when I brought up the issue of talking to the
01:55:20
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jurors.
01:55:23
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Q
Okay.
01:55:24
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A
And with that agreement, we decided that
01:55:29
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I think we decided that we were going to take
01:55:31
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care of some jury instructions and work on jury
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instructions that morning.
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excused the jury until the next day.
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Q
And I went back and
01:55:42
Did the -- so did the arrest of
Mr. Campbell disrupt the trial proceedings?
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A
Yes.
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Q
That afternoon of January 24th,
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01:55:48
01:55:54
did you
receive any pleadings or motions in the case?
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I think a pleading was filed,
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disqualify,
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trial.
01:55:50
a motion to
and I think maybe a motion for new
I'm not sure.
01:56:01
01:56:05
01:56:10
01:56:19
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Q
And that was a motion to disqualify who?
01:56:25
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A
I believe the Diaco firm off of the.case.
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Q
Okay.
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A
And I don't know if it addressed
01:56:36
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Mr. Hearing at all.
01:56:36
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transcript.
02:40:37
Now,
Fine.
Q
just going to the actual
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you were asked questions about disruption.
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remember those questions by counsel for the Bar?
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A
Uh-huh.
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Q
Now,
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Do you
02:40:39
02:40:45
02:40:48
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in fact,
you did voir dire the jury;
did you not?
02:40:51
02:40:55
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A
Yes,
sir.
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Q
And you asked those jurors on the -- I
02:40:57
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believe this was on the 24th -- excuse me -- the
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morning of the 25th.
02:41:02
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No. 2,
02:40:57
And I believe it's in Exhibit
if you want to refer to it.
02:41:05
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In the morning of the 25th, you went in
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and asked the jurors whether or not they had seen
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anything; and if they had, whether they were
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impacted by it.
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A
Is that right?
02:41:16
I believe we interviewed them one of the
mornings
or one of the days individually
02:41:18
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Q
I think that that --
02:41:23
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A
-- with the attorneys here.
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Q
With all due respect,
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to be fair,
and just
02:41:23
because I know this has been a while.
02:41:23
Judge
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A
I know.
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Q
That would be in Exhibit 2.
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02:41:28
That would
be in the hearing from 8:55 a.m. to 12:35 p.m.
02:41:28
02:41:30
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A
Okay.
02:41:34
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Q
So you went through juror by juror?
02:"41:34
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A
Yes.
02:41:36
Other than that,
other than going
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in and saying if anybody was,
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reminded them on a daily basis that they are not to
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watch any news reports about the case,
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think
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front of the parties unless the parties let me go
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back and ask that question,
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I
you know -- I
but
02:41:38
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don't
asked them any questions other than in
02:41:47
if anybody knew
anything but
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Q
But one of the jurors did?
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A
Yes.
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Q
All right.
And the juror said he
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wouldn't be influenced by what he saw either on --
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other sources; is that right?
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think it was Bay News 9 or what he had heard from
02:42:02 ·
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and
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that's correct, that the arrest of Mr. Campbell had
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no effect.
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Q
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A
I
was thinking it was a female juror,
02:41:59
Did any of those jurors indicate that
they had seen Stephen Diaco's comments?
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A
No.
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Q
And you can refer to the transcript if
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you want.
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A
02:42:26
No,
they did not.
02:42:26
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Registered Professional Reporters/Serving Central Florida
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Q
They didn't,
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A
No,
sir.
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Q
So,
in fact,
did they?
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none of the-- none of those
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jurors saw Stephen Diaco's comments to the media,
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did they?
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.A
No .
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Q
Now, with regard to the one juror that
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said he had seen something, he said he could be
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fair and impartial,
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right?
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A
Yes.
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Q
And you asked Mr. Ellis whether or not
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there was a motion to strike this juror or whether
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or not -- what Mr. Schnitt wanted to do.
And
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Mr. Ellis said,
I want to go ask Mr. Schnitt,
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didn't he?
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A
I believe that's correct.
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Q
And Mr. Ellis came back and said,
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everything is fine.
We'll keep the jury as-is.
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A
That's correct.
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Q
So you concluded -- you concluded that
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with the jury what happened on the evening of the
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23rd had absolutely no impact on your trial,
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right?
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A
It had no impact on their ability to
follow through with the trial.
02:43:18
02:43:20
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Registered Professional Reporters/Serving Central Florida