[NICOLE is playing recording]
ERIC (on podcast): LISA, VIV’s got a couple of pictures. She wanted to know if she can post them. How about this? Send them to her.
JUDGE: Stop it there. Can, do you mind to come up here closer to. . .
BOLUS: Cause I can’t hear that.
JUDGE: . . . because I can’t hear that. It’s just a garble to me.
LISA: I can’t hear it either.
JUDGE: I’m going to want you to lay it right up next to that (motioning to microphone)
NICOLE: It is my. . . it’s a horrible podcast and I’ve recorded from device to device.
JUDGE: That’s okay. It’s just that I’ve got to try and hear it and. . .
ERIC (on podcast): LISA, VIV’s got a couple of pictures. She wanted to know if she can post them. How about this? Send them to her.
SOMEONE ELSE: (unclear)
ERIC: Okay. Got it. Well, I didn’t know what the legalities are.
LISA: (on recording) Message me. Message me.
LISA: Message me. (garbled stuff) . . . Breckinridge County
[More garbled incomprehensible stuff]
NICOLE: And that’s where that clip ends. It is hard to understand. That was Ms. Luthi speaking to, um, Eric and Vivian, the couple that just left, about the pictures that they took while they were in court in Hardin County and then they referenced the incident in Breckinridge County as you heard. I know it’s hard to hear, um. . .
JUDGE: I did hear the reference to that but I didn’t hear any kind of threatening statement.
NICOLE: No. It was the fact that they sent Ms. Luthi photographs to post on her page. And then they were questioning the legalities of sending those photographs and Ms. Luthi. . .
JUDGE: I did hear, though, those things.
NICOLE: . . cackling and saying ‘just send them,’ ‘just send them.’ Just message me, message me because that’s what she does – she encourages people to message her photographs. People go out and take photographs and message them to her so she can post them on her Blessed Little Trolls page.
JUDGE: Do you have any other documents that you think you have that you want to show at this time, Mrs. Naugler?
NICOLE: Uh, yeah (shuffling through yet more pages). I’ve handed some out to the County Attorney, he may have them on file. . .
JUDGE: Which County Attorney?
NICOLE: Hardin County and Breckinridge County attorneys both have them in their possession. I’ve turned them in. I don’t know what happened to them after I turned them in. Um, I can (continues to shuffle through papers)
JUDGE: What do you think those pages are gonna show? Are there gonna be statements that you believe would uh, uh. . .
NICOLE: They just show. . .
JUDGE: . . . appear threatening in nature?
NICOLE: Um, threatening in, in what manner?
JUDGE: Threatening of your, uh, health or life.
NICOLE: Mental well-being, yeah. Um, these are kind of. . . these are hard to understand, let me pull them, I know I’ve got a few more. Um, again, some of these are from other pages that, um, don’t. . . I have this one only because it’s in my file for somebody else. Um, I’ll put these in order for you. But these are just some of the screen shots of the Blessed Little Trolls and Their Minions, um, talking about my son’s criminal activity of that day, which there wasn’t any. It was an, um, assumed, um, but just. ..
JUDGE: Anything that you want to show I’m happy to make a copy of and we’ll put it in our file and we’ll show it to Mr. Bolus as well.
NICOLE: Okay (massive amounts of paper shuffling ongoing, mumbling which is unclear) . . . on the blog. I apologize. Like I said, I’ve got a lot of them saved onto disks that are in the process of printing but with trying to run a business and a family, I don’t have as much time for this as I’d like to have. Um, and these are all for the other case.
[NOTE: IS SHE EVER GOING TO QUIT SHUFFLING THE GOD-DAMNED PAPERS?]
(speaking softly to JOE) These are. . . I’m trying to find. . . these are all other individuals, I have. . . I’m seeing, I apologize, I don’t have anything on hand because I have, seem to have handed out all of my copies that I have printed but I can provide them.
[NOTE: She is in COURT. NOW is when she is supposed to provide them. NOW. #unschoolingfail THIS IS THE REAL WORLD.]
JUDGE: So most of those pages are things that you’ve given testimony about, is that correct?
If they’re things she’s given testimony about, um, I think that that’s really gonna cover it. Um, right? Since she doesn’t have those other, she doesn’t have the documents to support at this time.
Anything else, Mrs. Naugler?
NICOLE: [who continues to shuffle through papers] I’m double-checking for any screen shots. I believe
NICOLE: . . . that, um, just going over my notes one more time and make sure I didn’t miss anything. I’ve tried to be clear-headed but I. . . Yeah, this doesn’t have an actual date, it just has a Friday, but this where they, they discussed us. I don’t think, I don’t know if that’s relevant to you or not, but they discussed. . .
JUDGE: If there’s something you want me to see, I’m happy to look at it.
JUDGE: And, um, can we get the bailiff to, to show it to Mr. Bolus.
NICOLE: It’s really vague. I think that the fact that you don’t have her. . . because she takes down her Facebook page before court. Well, she took down her Facebook page after the IPO and put it back up and said there was a new admin but it went down, cold silent, so anything that was dated, cause I usually take screen shots and they say, I don’t know if you use Facebook, it says, you know, Friday, but if you go back and screen shot something earlier, it will give you a date, and so I was unable to do that for some of these and, um, I have them in a file in my computer but I have not printed them all out.
But here they are just talking about all in the family and a family affair which was based on information that had, they had, which they just got from my neighbor which they use to harass me, I guess. (starts to cry yet again and FINALLY hands something to the bailiff).
JUDGE: Let Mr. Bolus look at them and if he wants copies, he can have them.
BOLUS: And Your Honor, I’m gonna object. I’m seeing a, I’m seeing a hearsay document. . .
JUDGE: Is it a Facebook page?
BOLUS: It is a Facebook. . . it is a post to a, to her Facebook page by Bethannie. . .
NICOLE: And Ms.
BOLUS: . . .Horn
NICOLE: Ms. Lisa Luthi runs that Facebook page and she commented on it.
BOLUS: That’s not the same thing. That’s not her.
NICOLE: No, but there are comments on there from her.
BOLUS: Yes, I see the ones. . .
JUDGE: I think he’s just objecting to the one that had, has the other’s person’s. .
NICOLE: Yeah, but it, it gives context to the whole response, because if I just show the response. . .
JUDGE: I’m gonna overrule that.
NICOLE: But I don’t know what other purpose, I mean, it would serve to run a Facebook page such as that other than to stalk and harass somebody and to put them in fear and just to, overall, just to stress me out. She has stated that she wants my children to be somewheres else and they have tried everything unsuccessfully, and the more that they try unsuccessfully, the more aggressive she becomes in her campaign against my family to achieve whatever goal that she thinks is gonna be ideal for my children, which in her mind, per her statement, is that our family is, um, you know, to get my husband back in jail, to get me in a mental institution, and to have my kids in good homes.
The meme war that Nicole submitted as “evidence” was actually about this. This is the accusation Nicole made that the neighbor, Ron Sneed, had stopped beside the Blessed Little Shithole and pulled something out of his pocket. It was not anything she saw. It was Jacob and Faith who were there and they fed this crap. Jacob and Faith.
When the incident with the other, younger son occurred, Lisa and Bethannie were not happy about it happening, but did not want to discuss it on public media due to a minor child being involved, so they referenced Jacob and this incident instead. That’s why there was a meme about McDonald’s on there, because at the time, both Jacob and Faith worked there.
Regardless, it was a silly meme war that meant nothing at all and certainly was not threatening in any way, as you can clearly see.
What is disturbing to me is the brain-dead supporter who says “Grab a shotgun.”
BOLUS: That’s not been part of her testimony about the mental institution, Your Honor.
JUDGE: Once we get copies, I’m gonna let you cross-examine. Is there anything else at this point?
NICOLE: It’s, it’s not, it didn’t happen. It’s been taken down. I have nothing else at this moment, um, that I can play.
JUDGE: After cross-examination, if there’s more you wanna say, then we’ll give you an opportunity then as well.
NICOLE: I appreciate it.
JUDGE: Mr. Balus, do you want to ask quest- It’s Mr. Bolus, I’m so sorry.
BOLUS: That’s no problem.
And Your Honor, before I begin with cross-examination,
JUDGE: You’re wanting me to rule on your (chuckles)
BOLUS: Yes, ma’am.
JUDGE: And restate it again for me, will you?
BOLUS: Yes, ma’am. Essentially, it is, it’s a rule 12 motion for failure to state a claim, and right now it’s in the nature of a directed verdict. She’s not made the allegations that are required under 456.010 in terms of the definitional aspects of it where it says, it specifically refers to stalking in this chapter refers to prohibited stalking under 508.140 and 508.150. 508.140 requires, uh, explicit or implicit threats with intent to place that person in reasonable fear of sexual contact, as defined under 510.010, serious physical injury, or death.
NICOLE: I object.
BOLUS: Stalking two would require allegations with regard to sexual contact, as defined in 510.010, physical injury or death.
JUDGE: Uh, I’m gonna overrule at this time and let you cross-examine.
BOLUS: Thank you, Judge.
Mrs. Naugler, in, could you please, as we sit here today, aside from the one set of documents that you have handed, you have nothing in your possession (unclear) Facebook pages or comments that have been made by Ms. Luthi. Is that correct?
NICOLE: I have nothing printed.
BOLUS: You have nothing printed. You have nothing printed with you today. How many times have you seen Ms. Luthi at your home?
NICOLE: At least once that I’ve been able to identify her.
BOLUS: At least once. And when was that?
NICOLE: It was, um, that I have personally identified her at my home, it was about two summers ago.
BOLUS: About two summers ago.
NICOLE: At the beginning. . .
BOLUS: And what was she doing?
NICOLE: She was driving by slowly with her window down and her phone taking photographs.
[NOTE: For the record, this is impossible for several reasons. First, Lisa was in Europe for the period after the children were returned two summers ago on an extended trip. Second, she cannot put down a window and stick her phone up and take photographs from the passenger window – she is too short. Third, Lisa has never been down that road but one time and Nicole nor anyone else was home. Nicole has never seen Lisa at her house.]
BOLUS: Okay you’ve not seen her again since that event two summers ago. . .
NICOLE: [interrupts] I work. I run a business. I am hardly ever home. My children have, uh, but that’s . . .
BOLUS: Okay, and what kind of vehicle was she driving at the time?
NICOLE: Um, honestly I don’t recall.
BOLUS: How close were you when you saw her?
NICOLE: Um, I would have to say twenty, it was when our house was closer to the road, so, it was fairly close to the road, maybe from here to Mr. Butler.
BOLUS: What were you doing at the time?
NICOLE: I was in my yard.
BOLUS: Were you working in your yard?
NICOLE: I, uh, don’t recall, like I said, it’s been some time but I was outside with my family.
BOLUS: Okay. Were you looking at the street? Why would you notice her coming down the, your road?
NICOLE: I live on a single-lane dirt road. If anybody drives down my road, everybody notices.
BOLUS: Did she stop?
NICOLE: She drove very slowly.
BOLUS: Did she say anything to you?
NICOLE: She did not.
BOLUS: Okay. Did you say anything to her?
NICOLE: I did not.
BOLUS: Why did you recognize her at that time?
NICOLE: Because she was already identified as one of the people who had been acting aggressively in my who-, in my case, in my case, and actually I believe that was after her appearance in court with my neighbor.
[NOTE: This is completely impossible. Timeline doesn’t work at all. The two time periods are about a year apart.]
BOLUS: When was the first time you ever noticed Ms. Luthi, um, taking an interest in your case?
NICOLE: Um, I don’t recall the timeline, I was under immense stress during the time that my children were gone (starts crying), but it was before they were returned. In July, they were returned July 2, 2015, so it had to have been prior to that.
BOLUS: And, did you try to have interactions with her and her life?
NICOLE : Uh, no.
BOLUS: Did you contact her mother?
BOLUS: Did you ever post anything about her mother?
NICOLE: No, I have not.
BOLUS: Are you aware that anybody has posted anything about. . .
NICOLE: I have seen a lot of mud-slinging from both sides of supporters and non-supporters, and, um, I don’t post those things.
BOLUS: Do you have a great deal of interaction with people that you, that you deem are doing mean or harassing things to you?
NICOLE: I intera- I have a page that has 45,000 people. I get messages from 45,000 people all day, every day, and interacting on my personal page.
BOLUS: You raise money off of that page, do you not?
NICOLE: I do not. And I don’t think that’s relevant.
BOLUS: Where do you raise money? You raise money off of . . .
NICOLE: I have a business. That’s where my income comes from. And I will not answer any more questions regarding my income.
BOLUS: You what?
NICOLE: I have a business that raises my income and I will not answer any more questions regarding my income.
BOLUS: Well, the reason why I’m asking these questions with regard to your income is that it is relevant to the fact that you are in a number of interpersonal battles with a number of people.
BOLUS: And. . .
NICOLE: That is irrelevant to Ms. Luthi’s behavior towards my family.
BOLUS: Well, let’s talk about your interactions with people.
And Your Honor, I’m going to approach. Can I show these to her?
BOLUS: Thank you.
To NICOLE: (unclear)
NICOLE: That is my personal page.
BOLUS: Okay. Can you tell me what that is?
And Your Honor, we’ve had an order of separation. . .
NICOLE: Yes, this is my
JUDGE: Just one minute. Just one minute.
Okay. You just said what now?
BOLUS: We have an order with regard to separation of witnesses and he’s playing shadow counsel over here (motioning to JOE) to her left. It’s one thing for him to provide, I think, emotional/moral support, and I kind of let that one go, but for him to be consulting with her and providing advice along the way. . .
JUDGE: He’s not going to be able to give any testimony because he’s here in the room.
JUDGE: (to NICOLE) You know this, right?
NICOLE: Yeah, this is my personal Facebook page where I documented people who were directly and tar- specifically targeting my family.
BOLUS: And so you identified all of them.
NICOLE: I did.
Note: there may have been other lists of names, like the List of 55, but I’m not certain exactly what Mr. Bolus introduced in addition to this stuff from Nicole’s imitation Blessed Little Blog (that copies this one), if anything.
BOLUS: Okay. Now, I’ve got another page here, and I’m gonna have you. . . I’m going to go ahead and introduce this as Respondent’s One (unclear) Thank you.
JUDGE: Respondent’s One (to CLERK)
NICOLE: This has nothing relevant to do with my, with Ms. Luthi’s behavior towards myself and my family. This doesn’t even regard – reference her. At all.
BOLUS: You reference Ms. Luthi in there, don’t you?
NICOLE: No. I talk about the blogger. Unless Ms. Luthi is going to admit to being the blogger, uh, that writes Blessed Little Blog, this has nothing to do with her and has nothing to do with my case of Ms. Luthi stalking and harassing my family.
BOLUS: And what I’m going to show is that Mrs. Naugler has, and I’m going to introduce this, as Respondent’s Two. It’s pretty foul. . .
NICOLE: I’d like copies of that.
BOLUS: It’s pretty foul in terms of tone and what I’m showing is the court is Mrs. Naugler’s tendency to go above and beyond in engaging in very rough verbal conduct with people who she deems to be her, her enemies.
JUDGE: (to CLERK, unclear)
BOLUS: Now, with regard to the number of times you have seen Ms. Luthi at your business, could you please describe the dates?
NICOLE: I don’t have any dates, as I’ve told the courts just moments ago, that I only know this by references on Ms. Luthi’s page, and her podcast, which I don’t. . .
BOLUS: How many times have you interacted with her directly?
NICOLE: Only once, when she followed me to court on January 30.
BOLUS: When she followed you to court. Were you not waiting outside of the court when she left? Did you not have the video going at the time that she stepped out. . .
NICOLE: When I realized, I was walking through the double-door courts, when I realized the people that were actually in the courtroom with the other people we were in court with, I realized who that was, and I had to set my recorder, set my recorder as I walked out.
BOLUS: And you waited for her. . .
NICOLE: I did not wait for her.
I did not wait for her.
BOLUS: You did not wait for her.
NICOLE: She got up immediately after I did and followed me out. After that incident, the bailiff then made. . .
BOLUS: Is it your position that she is not allowed to attend sessions of court?
NICOLE: It is my position that her behavior is alarming to my family. . .
BOLUS: Is it your position that she’s not entitled to be in court?
NICOLE: [getting loud and snippy and talking all over BOLUS]. . . and serves no legitimate purpose. That is my position. My position is her behavior serves no legitimate purpose and causes alarm and mental distress.
BOLUS: Well, my question to you is. . .
JUDGE: Mrs. Naugler, I need you to answer Mr. Bolus’s question.
BOLUS: Is it your position that she’s not entitled to be in a public courtroom? In a public proceeding that the law she can come. . .
NICOLE: [interrupting] It’s my position that she can be anywhere she chooses to be so long as she does not engage in stalking and harassing behaviors.
BOLUS: Okay. So is it also your position that you can have a very, very public presence that you are entitled to no criticism whatsoever?
NICOLE: I’m not talking about criticism.
BOLUS: . . . to your public presentation?
NICOLE: I didn’t say that.
NICOLE: I didn’t say that at all.
BOLUS: To your knowledge, she wasn’t under any bar to attend in court, was she?
NICOLE: I’m sorry, what was that?
BOLUS: She wasn’t, she wasn’t prohibited from attending court?
BOLUS: She’s not prohibited from even coming by your place of business, is she not?
NICOLE: No, she’s not.
BOLUS: Is she prohibited from driving down your road?
NICOLE: No, she’s not.
BOLUS: Has she ever made any statements to you that have threatened you with sexual contact?
BOLUS: Has she threatened you with any statements that she’s going to bring about your physical injury?
NICOLE: No. No verbal statements. No.
BOLUS: No verbal statements, no written statements either. Have there not been?
NICOLE: Her, her behavior. . .
BOLUS: There’s no. . .
NICOLE: Her behavior has continuously escalated for the past twenty-two months. Her obsession with me is concerning. I’m. . .
BOLUS: Okay. I’m not asking. . .
NICOLE: I’m not sure what she’s capable of.
BOLUS . . . you that question. What I’m asking you is, what I’m asking you is did she make any statement that has anything to do. . .
NICOLE: She has not.
BOLUS: with your physical safety. Has she threatened you with death or made any statement that somehow you’re going die as a result of any interactions with her?
NICOLE: [No answer audible, but I assume she answered no]
JUDGE: Anything else?