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1 <br />Larry Wright: I would like to hear about the section on the subpoena right now. 2 <br /> 3 <br />T.C. Morphis: We did request a subpoena. May I ask a preliminary question? Would you all like any background 4 <br />information? I understand this may be the first time this matter has come before you. 5 <br /> 6 <br />Anthony Taibi: I would object to that coming from a bias witness. If anybody is to describe the facts, it should be the 7 <br />staff because the only question before you is whether the staff’s decision is warranted or not. It is not to weigh every 8 <br />underlying fact that could possibly be dragged out. 9 <br /> 10 <br />Larry Wright: Mr. Bryan? 11 <br /> 12 <br />James Bryan: This is probably going to be one of the trickiest decisions you will have to make on the subpoena 13 <br />because one of the…you may issue a subpoena when you will decide if it is relevant, reasonable in nature and scope 14 <br />and not oppressive. In order to know whether it is relevant or not, you are going to have some sort of basis for what 15 <br />this case is about. This is a little bit of a tricky case. I don’t think it really matters too much who gives it. You can 16 <br />allow T.C. to start and if he becomes argumentative or too long winded, you can shut him down and say never mind, 17 <br />this is irrelevant but I think it would be good to have some sort of basis and I would probably let T.C. give it the first 18 <br />shot and allow Mr. Taibi to issue another objection if it becomes too far-fetched. 19 <br /> 20 <br />T.C. Morphis: Alternatively, I have no objection to Mr. Harvey presenting the basic information if that would be more 21 <br />amenable. 22 <br /> 23 <br />James Bryan: And that might solve a lot of problems too. 24 <br /> 25 <br />Jeff Schmitt: Pardon my lack of understanding the statutes or the law or this case but who are looking at 26 <br />subpoenaing for what sets of reasons? 27 <br /> 28 <br />Larry Wright: That is good question. Let’s start by stating that. 29 <br /> 30 <br />T.C. Morphis: We have requested that the landowner, Mr. William Klein be subpoenaed. We would like the 31 <br />opportunity to cross examine him on some of the information that he and his attorney have presented to county staff. 32 <br />I could provide more detail. I am happy to provide arguments but I don’t want to get ahead of Mr. Harvey who I think 33 <br />will explain all the basics of the case. 34 <br /> 35 <br />Anthony Taibi: I would like to note that Mr. Morphis has made a particular representation to Mr. Harvey as to the 36 <br />facts that he wants my client, the witness, to explicate. None of which are at all relevant to the matters before this 37 <br />body. He said the board needs to understand what, if any, safety measures have been taken to contain projectiles 38 <br />on the property, the caliber and type of weapons being fired, the frequency with which weapons have historically 39 <br />been fired and Mr. Klein’s future plans for the property. No representation by Mr. Klein is at issue in this matter, 40 <br />simply the staff has determined upon their review that there was not a basis for a prosecution. They may in the future 41 <br />decide, based on future facts… but the question before the body today is simply as to whether the staff had a 42 <br />reasonable basis for their decision not to allow opponents to go on a fishing expedition… 43 <br /> 44 <br />Larry Wright: I understand. Your name again and who do you represent? 45 <br /> 46 <br />Anthony Taibi: Anthony Taibi, Taibi, Kornbluth Law Group, for Mr. William Klein, the property owner. 47 <br /> 48 <br />6