UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ERICA ANTONIA BERG, . Case No. CIV S-04-1098 CEH

.

Petitioner, . Sacramento, California

. Tuesday, February 8, 2007

v. . 9:00 a.m.

.

D.L. RUMPLESTELSKIN, .

.

Respondent. .

. . . . . . . . . . . . . .

VOLUME I

TRANSCRIPT OF TRIAL

BEFORE THE HONORABLE CHARLES EVANS HUGHES

UNITED STATES MAGISTRATE JUDGE

APPEARANCES:

For the Petitioner: By: MICHAEL B. FRANZ, ESQ

Law Office of Michael B. Franz

428 "H" Street, Suite 650

Sacramento, California 95814

(916) 443-0711

For the Respondent: By: ANGELINA POTRERO, ESQ.

Attorney General's Office

1100 "I" Street

P.O. Box 944255

Sacramento, California 94244-2550

(916) 445-9909

Court Reporter: Connie Worth

Clerk's Office

U.S. District Court

501 "I" Street

Sacramento, California 95814

(916) 930-4000

Transcription Service: XYZ Transcription

1002 61st Boulevard

Fair Oaks, California 95820

(916) 455-7200

Proceedings recorded by electronic sound recording;

transcript produced by transcription service.

INDEX

Re- Re- Further

Direct Cross Direct Cross Redirect

WITNESSES FOR PETITIONER:

Erica Antonia Berg 3 36

Jim Sewell 49 74 89

Edward Francois 91 102

WITNESSES FOR RESPONDENT:

Matt Barber 105 117 123 124

Jeff Huston 126

EXHIBITS: Marked Received

Petitioner's:

1 through 17 Excerpts from booking file 61 62

Respondent's:

A through M Photographs –- 141

SACRAMENTO, CALIFORNIA, TUESDAY, FEBRUARY 8, 2007, 9:00 A.M.

(Call to Order of the Court.)

THE CLERK: Calling Civil S-01-1098 CEH, Berg versus Rumplestelskin. This is on for evidentiary hearing, Your Honor, and then bench trial.

MR. FRANZ: Good morning, Your Honor. Michael Franz on behalf of Erica Berg, who is present before the Court.

MS. POTRERO: Good morning, Your Honor. Angelina Potrero for the respondent.

THE COURT: Good morning. This is on for evidentiary hearing. Have the parties stipulated to some order, or would we go in what I would presume would be the natural order -- that is, Mr. Franz's presentation first, then Ms. Potrero, then a brief rebuttal, if any?

MR. FRANZ: I think that that's the way that we'd anticipated, although we hadn't discussed it.

MS. POTRERO: That's correct.

THE COURT: Let's proceed directly, then, to --

MR. FRANZ: Thank you, Your Honor. Erica Berg.

Do you wish us to proceed from the podium, Your Honor, or from counsel table?

THE COURT: Because this is a bench trial, whatever makes you more comfortable is fine with me.

ERICA BERG, PETITIONER, SWORN

THE CLERK: You may be seated, and please state your name and spell your name for the record.

THE WITNESS: My name is Erica Berg, E-r-i-c-a B-e-r-g.

THE CLERK: Thank you.

DIRECT EXAMINATION

BY MR. FRANZ:

Q.	Ms. Berg, what is the nature of your occupation, and for how long have you been so engaged?

A.	I'm an attorney-at-law in California, and I've practiced since 1971.

Q.	When were you -- where did you go to law school?

A.	University of San Francisco.

Q.	Where did you go to undergrad?

A.	Parsons College in Iowa.

Q.	What kind of law have you practiced since -- was it 1971, you said?

A.	Yes.

Q.	What kind of law have you practiced?

A.	Criminal defense.

Q.	Exclusively?

A.	Ninety-five percent.

Q.	What kind of cases have you represented? What kind of defendants? Prostitution, petty theft, capital homicide?

A.	No capital cases, but attempted murders, assaults, three-strike cases. The whole gamut, my private practice is.

Q.	Where is your practice now? Where are you located?

A.	Eureka, California.

Q.	How long have you been there?

A.	Since 1997.

Q.	Again, engaged exclusively in the practice of criminal defense. Is that correct?

MR. FRANZ: Thank you, Your Honor.

THE COURT: Thank you very much.

(Whereupon, at 2:15 p.m. the hearing was adjourned.)

Certificate

I certify that the foregoing is a correct transcript from the electronic sound recording of the proceedings in the above-entitled matter.

August 17, 2007

Guillermo Padilla, CET