# Page(s) Line Spallina Ted Objection Sustain / Overule Note 1 5-7 start p. 6 line 20-25 and end of p. 7 end "Phillips cuts off Eliot ability to state that he is not trustee of alleged trust he is sued under and kids are sued under trusts that do not exist. Also cuts off ability to explain that 3 minor children have no counsel, counsel is waiting to come in and need stay" 2 10 9-19 Phillips cuts off Eliot trying to inform court that minor children sued have no representation 3 24 12-23 Phillips slams Candice for asking for exhibits to turned so we could see them. Phillips ignores and therefore we were precluded from seeing the exhibits being referenced. 4 91 20-22 x Relevance Susttained Phillips cuts off question into Spallina SEC Consent 5 92 2-8 x Phillips cuts off question into Spallina SEC Consent circumstances and rules without objection that not relevant 6 93-94 start p 93 line 22 x Relevance Susttained Phillips sustains question on if Spallina was involved in an insider trading case 7 94 19 x Relevance Susttained Phillips sustains Eliot question if Spallina Picture on front page of law paper regarding insider trading case 8 94-95 p. 94 L23-25 and then p 95 L1-12 x Phillips claims that questions about Spallina's truthfulness are not relevant and forces EIB to move on and steers questions away 9 96 4-7 x Relevance Susttained Phillips does not allow questions on how many times he was interviewed about the fraud he committed 10 97 15-20 x None Sustained Rose just objects without reason to Eliot asking why Spallina had fraudulently altered a Shirley Trust and Phillips adds it is arguementive. 11 98 12-17 x Argumentative Sustained Eliot asks Spallina if in the altered Shirley Trust he included Ted and Pam's children 12 98 19-25 x Eliot asks Spallina if in the altered Shirley Trust did it change beneficiaries and Phillips interupts Eliot and begins asking him questions about the Fraudulent Amendment instead of letting Spallina answer and steers hearing away and Spallina does not answer due to this. 13 99-100 x Phillips steers hearing from Spallina answering if his fraudulent amendment changed beneficiaries and goes on tirade against Candice Bernstein and removes her from Gallery for her handing Eliot a document 14 101-102 p101 L24-25 and p 102 1-17 x Relevant Phillips states the document is objected to for relevance and then Rose states that is what he is objecting to it over and no decision on that is made 15 104 2-5 x Argumentative Sustained Eliot asks Spallina when he did not follow Colin's rule for notarization of waivers they forged and frauded documents and Phillips sustains 16 104 6-25 x Phillips for no reason begins to abuse Eliot and threaten him with bad things occuring for no reason 17 105 7-10 x Cumalitive Sustained Eliot asks Spallina if his law firm sent fraudulent documents to court. 18 105-106 P. 105 12-25 and p106 1-6 x Cumalitive Sustained "Eliot asks if TS submitted documents that were frauduent to court, at this point Eliot only had statement that Moran sent documents, not TS" 19 108 3-10 x Compound "Phillips interupts Eliot question to Spallina regarding April 9 waiver and claims it is compound but it is not, further badgers Eliot stating he knows the procedures " 20 109-110 p 109 L15-25 and p 110 L1-3 x Compund Relevance Sustained Phillips sustains objection to question regarding how Spallina allowed Simon to sign a perjured waiver to the court as part of documents in Shirley 21 110 9-15 x Relevance Cumulative Sustained Phillips blocks Eliot question regarding April 9 waiver be accepted by Spallina when he knew statements signed under penalty of perjury were untrue 22 110-111 p 110 L 16-25 and p 111 L 1-7 x Phillips rudley interjects that Eliot is not asking relevant questions when questioning Spallina regarding Fraudulent documents in the Estate that he is aware of 23 113 15-20 x Relevance Sustained Eliot asks Spallina if he were validating documents as an estate planner if he would bring in other witnesses 24 113 p 113 - L 22-25 x Legal Conclusion Never sustains or overules but goes on long disertation steering the questions away Phillips interupts Eliot questions to Spallina here to go on long dissertation that steers case again and insults Eliot. 25 124 3-7 x Relevance and Mistates Sustained Rose objects stating there is no such order to turn over ALL records and interjects false statement into the record and court. Eliot was asking if originals were maintained by TS after court order Phillips steers it away. 26 124-125 p 124 L 15-25 and p125 L 1-15 x Rose objects stating no court order for TS to turn over docs and originals Never sustains or overules but goes on long disertation steering the questions away "Rose objects stating there is no such order to turn over ALL records and interjects false statement into the record and court. Phillips here mistakes Judge Colin for Judge Colon and again steers the line of questioning and based on his misinterpretation of the Colin states ""next question""" 27 127 3-8 x Phillips threatens Candice with contempt for attempting to hand Eliot a document to present that she took to gallery when Phillips removed her from bench 28 132-133 p 132 L 23-25 p 133 1-9 x Best Evidence Sustained "Eliot asks if language in Shirley Trust states Ted is considered dead with his lineal descendants and Ted is considered dead for ALL purposes of disposition of the trust, which would show Ted should not be acting as Trustee in lawsuit making dispositions like Validity or Construction as he is dead. Phillips blocks." 29 135 12-17 x Relevance Sustained "Eliot asks if Ted's making distributions would be dispositions, exposing fraud committed and Phillips sustains" 30 135 1-23 x Legal Conclusion Sustained "Eliot asks if validity hearing is a disposition and Phillips sustains, goes to if the hearing itself is valid but Phillips not interested" 31 136 8-13 x "Best Evidence, relevancy, cumulative" Sustained "Eliot asks if for purposes of dispositions Ted, Pam and lineals are considered predeceased." 32 137-138 p 137 L 6-25 and p 138 L 1-8 x Cumalitive Steered case never ruled "Eliot asks did you create a fraudulent Shirley Trust and send to Yates, Rose objects and Phillips chatizes Eliot again and never rules but steers case away from answer" 33 139-140 p 139 22-25 and p 140 L 1-3 x Cumalitive Sustained Eliot asks if TS lawfirm sent fraudulent Shirley Trust and Amend to Yates. 34 141-142 p 141 L 10-25 and p 142 L 1-11 x Witness Objects Steered case never ruled "Eliot asks what the intent of the fraudulent amendment was and Spallina objects, Phillips interjects that Spallina can't object. Phillips never rules and rants at Eliot and again steers case away from line of questioning." 35 143 11-16 x Argumentative Sustained Eliot asks Spallina if other parts of his biography are missing after Spallina failed to state he worked for Sony Digital 36 143-144 p 143 18-25 p 144 L 1-3 x Philipps steers case and objects and interupts line of questioning "Phillips again blasts Eliot and interupts line of questioning to get Spallina's background information clarified, as he already has made ommissions in his background, Rose does not object Phillips handles it for him" 37 144 10-20 x Cumalitive Sustained Eliot asks if Spallina put language in fraudulent amend that would make Ted and Pam lineal descendants bene's 38 145 22-25 x Cumalitive Sustained Eliot asks who beneficiaries are after Spallina states Simon was beneficiary of Shirley Trust and Eliot asks then who after Simon. 39 146 1-23 x Cumalitive Philipps steers case and objects and interupts line of questioning "Phillips interferes with Eliot question of who beneficiaries in Shirley after Spallina declares Si was her beneficiary, Phillips states he already knows who and steers line of questioning away without ever ruling on the objection." 40 146-147 p 146 L 25 and p 147 L 1-3 x Relevance Sustain Phillips sustains Eliot asking if Spallina recalls talking to PBSO detective Ryan Miller 41 147-148 p 147 19-25 and p 148 L 1-10 x Relevance Sustain "Eliot asks if Spallina retained Manceri, Phillips asks Eliot relevancy and while explaining Phillips interupts and sustains" 42 148-149 p 148 L 12-25 and p 149 L 1-2 x Relevance Sustained Eliot is asking Spallina about when he notified the Court that he had committed fraud 43 149 13-17 x Cumalitive Sustained Eliot asks Spallina if he sees any parties that could validate documents in court. 44 150 4-7 x Relevancy Sustained Eliot asks Spallina if he produced acccountings that validated his claims he made in his testimony regarding the finances of Simon. 45 150-151 p 150 L 19-25 and p 151 L 1-10 x Relevancy Sustained Eliot asks if as Trustees Spallina and Tescher produced accountings for the Estate and Trust 46 151-153 p 151 L 12-25 and p152 L 1-25 and p 153 L 1-5 x Phillips objects no objection raised by other side Eliot asks if Spallina amended Shirley Inventory that he filed stating 25k net worth of Shirley with Amended when he learned of Shirley Bentley he testified to. Phillips interupts and barrages Eliot and steers questions away. 47 155 6-9 x Relevancy Sustained Eliot asks if Spallina filed Life Insurance Policy death benefit claim regarding his prior testimony about policy. 48 156 15-25 x Argumentative Sustained Eliot asks Spallina if he carried out Simon's wishes by fraudulently altering trust docs and then Phillips threatens Eliot 49 157 7-10 x Cumalitive Sustained Eliot asks if Shirley's wishes were upheld when she died 50 157-158 p 157 L 12-25 and p 158 L 1-8 x Cumalitive Sustained Eliot asks if Spallina knows of Eliot Family Trust and if it is a beneficiary of the Shirley Trust after Spallina claims it is a reseptical of her Estate? 51 161 5-13 x Eliot asks witness to read evidence paragraph into record and Phillips blocks him from reading it into record 52 161-163 161 L 15-25 p 162 L 1-25 and p 163 L 1-3 x Relevancy Never sustains or overules but goes on long disertation steering the line of questions Rose states Eliot is asking questions regarding the construction and that Tescher's resignation letter it is not relevant to validity while it describes fraudulent trust 53 164 20-25 x Relevancy Sustain Eliot asks Spallina what he has done to correct the damages of his fraud that Tescher letter describes 54 165 2-5 x Relevancy Sustain Eliot asks if Spallina aware that autopsy was ordered on Si day he died 55 165 7-15 x Relevancy Sustain Eliot asks Spallina if he is aware of Simon heavy metal poison test 56 165-166 p 165 L 24-25 and p166 L 1-9 x Cumalitive Sustain Eliot asks Spallina if he is aware of any other fraudulent activity that took place in estates and trusts 57 166 18-23 x Relevance Sustain Eliot asks Spallina if at first interview with PBSO if he told them at that time that he had fraudulently altered a document 58 166-167 p 166 L 25 and p 167 L 1-3 x Relevance Sustain Eliot asks Spallina when he notified Sheriff that he fraudulently altered doc 59 169 1-4 x Hearsay Sustain Eliot asks if Spallina is aware Gov Rick Scott Notary Division determined Simon docs not properly notarized 60 169-170 p 169 L 8-25 and p 170 L 1-5 x Hearsay Sustain Eliot asks if Spallina is aware Gov Rick Scott Notary Division contacted Moran regarding Wills and Trusts. Phillips then steers case by mocking Eliot and demeaning line of questioning. 61 171-172 p 171 L 18-25 and p172 L 1-16 x Relevance by Rose and Cumulative by Phillips Overules Relevance but then Phillips claims cumulative and deflects hearing from line of questioning Eliot asks if both Spallina and Moran have been involved in misconduct in the case as the two witnesses on an estate doc 62 174 8-18 x Mistates Facts and then Legal Conclusion Sustain Eliot asks if since learning that Simon Estate and Trust docs were not notarized properly by Baxley what did he do to correct it with courts 63 174 16-18 x Mistates Law according to Morrissey Sustain Eliot asks if since learning that Simon Estate and Trust docs were not notarized properly by Baxley what did he do to correct it with courts 64 174-175 p171 L 20-25 and p175 L 1 x Cumalitive Sustain Eliot asking Spallina if Baxley did not properly notarize his sig on Simon doc 65 176-177 p 176 L 25 p 177 L 1-4 x Cumalitive and Legal Conclusion Sustain Eliot asks if Simon Estate and Trust docs are not properly notarized by Baxley 66 179-180 p 179 L 17-25 and p180 L 1-20 x "Phillips states only 60 minutes left in trial, Eliot states there are many witnesses left to call, that he needs more time and requested such to present his case at the case management meeting and Phillips refused. No way to get case properly heard and call additional witnesses in this amount of time and present my case as well. We are just finishing their first of many listed witnesses" 67 185 13-21 x Argumentative and Cumulative Sustained Eliot asks Spallina question as to how he altered Shirley Amendment 68 188 9-15 x Cumulative Sustained Eliot asks Spallina about document Rose submitted as evidence regarding notes of Simon and why they were not in his production and where it came from 69 196-197 196 L 15-25 and p197 1-7 x Relevance Sustained Eliot asks Spallina who closed Shirley Estate 70 200-201 200 L 21-25 and p201 L 1-2 x Relevance Sustained Eliot asks Spallina if Colin threatened to read him Miranda 71 201 4-13 x Cumulative and Relevance Sustained and Sustained "Eliot asks who April 9, 2012 document was deposited with court on behalf of" 72 201 15-23 x Cumulative and Relevance Sustained Eliot asks if Si was dead when April 9 waiver was deposited with court 73 203 4-14 x Best Evidence and Cumulative Sustained Eliot trying to have Spallina read part of Simon/Shirley Will into record regarding five kids perosonal property beneficiaries after Spallina states Simon is sole bene 74 203-204 p203 L 20-25 p204 L 1-5 x Best Evidence and Cumulative Sustained Eliot asking what happens in Shirley will to assets after Simon died 75 208-209 p208 L2-25 P 209 L 1-23 x Sustained on Phillips own objection Eliot asking Ted what he did after he discovered his attorneys committed fraud 76 210-211 210 L 15-25 and p211 1-9 x Sustained on Phillips own objection "Eliot asks Ted if he did anything to validate the docs, the originals and Phillips derails on his own and states he already answered." 77 212 1-7 x Legal Conclusion Sustained Eliot asks Ted if the fact that his family could lose interest based on outcome of validity trial poses a conflict. 78 212-213 p212 L 19-25 and p 213 L 1-3 x Rose objects as Legal Conclusion Phillips sustains on relevance "Eliot asks Ted as Fiduciary if he has adverse interests, which would preclude him from being trustee in validity hearing" 79 217 3-14 x Mis-- Sustain Phillips sustains Eliot question if Ted came to hearing to validate docs 80 218-219 p 218 L 10-25 and p219 1-7 x Relevancce Sustain Eliot asks Ted if from time he knew docs were fraudulent and others needed a validity hearing if he made any dispositions prior to having those hearings 81 219 13-23 x Argumentative Sustain Eliot asks Ted if after learning of his attorneys frauds did he think he needed to have docs validated. 82 220 4-16 x Cumulative and Argumentative Sustain Eliot asking Ted if he thought as a fiduciary to protect beneficiaries if he should have a handwriting expert forensically examine. 83 220 18-24 Line 25 blank x Cumulative Sustain Eliot asks Ted as fiduciary if he thought documents should be forensically analyzed to operate under them 84 221 2-13 x Cumulative Sustain Eliot asks Ted if documents should be validated by trustee Ted 85 221 15-21 x Cumulative Sustain Eliot asks Ted if any expert has analysed or validated documents 86 223-224 p 223 L 16-25 and p 224 L 1-3 x Psychiatrist Client Privilege Ted does not assert but Phillips does for him Phillips steers hearing from Ted answering what problems he was having with Simon at Psychiatrist office despite Ted never claiming privilege Phillips asserts it and claims Ted stated he was a client of Psychiatrist on record but record does not reflect such 87 225 10-15 x Relevance Sustain Eliot asks Ted if he had problems with Simon prior to his death 88 225 17-20 x Relevance Sustain Eliot asks Ted if he was aware of problems with he and Simon before he died 89 227-228 P 227 L 5-25 and 228 1-15 x Relevance Sustain Eliot asking Ted questions about Simon state of mind when changing his documents as it relates to Ted stressing him to make changes 90 229 2-17 x Relevance Sustain "Phillips denies Eliot asking Ted if Simon was under undue influence and stress by Ted and others to make changes to docs, which could invalidate them and Phillips steers it away" 91 229-231 p 229 L 25 and p 230 L 1-25 and p 231 L 1-19 x Rose objects to being witness Sustain Phillips precludes Eliot from establishing chain of custody of docs with Rose who is part of the chain of custody and steers the hearing away from Rose being sworn in