communication they had, following this incident. there has been a ruling by a superior court that marital privilege was waived, based on that. i think it has all been disclosed. at least a substantial portion. chairperson hur: i would like to hear from mr. waggoner. i would like to give the crowd notice. this is live testimony. it is very serious. while you might have a reaction, i ask that it not be physical or verbal. if there is one, we will have to ask you to leave. the sheriff has instructed if you see anybody make an outburst, please remove them from the hearing room. thank you. please come to the podium, so we can hear you, mr. waggoner. >> mr. keith is correct, in that the superior court did determine that the spousal

privilege did not apply to very specific communications between the sheriff and his wife, specifically text messages. however, simply because the sheriff and his wife may have waived the privilege as to one set of communications, it is not a waiver of the entire privilege on any subject, for every other communication. it is limited, and should be construed as limited. on that basis, i will submit. chairperson hur: i agree that the spousal privilege does not waive all communications between the sheriff and his wife. however, this seems to be in line with the text messages stipulated as admissible. i would overrule the objection to that question. >> if i could ask the court reporter to read back the

question? >> did you make any suggestions to your wife as to who she might contact? >> we both discussed counseling. that was the only suggestion that had been exchanged. >> what they did you have that discussion? >> over the next few days. >> so, january 1? >> second, first, third may be. this had also been a discussion we had before the 31st. >> were any specific names discussed about who you might contact, in light of what happened on december 31? >> we both agreed we would do

our own research. we would exchange people that we had discovered as potential people we could go see together. correct. >> what names did you discover? >> the very person i actually started to see, who we wanted to see together, but because of the stay away order were prevented from doing so. >> will you just tell me what names? >> one name is dr. leopold viella. there was a list of other names discussed. >> sheriff, you went to monterey with your family on the second and third of generic.

about what time did you get back? >> about 6:00 p.m. >> were you at home that night? >> yes. >> until what time? >> the whole night. >> you never left? >> once i came home on the third, i then went to a meeting. yes. i went to the plumbers and steam fitters hall, where i delivered invitations to my inaugural. that was the only meeting i went to. that was between approximately 6:00 25:15. >> after you got home, did you stay home -- approximately 6:30 to 7:15. >> after you got home at 7: 15, did you stay home the remainder

of the night? >> yes. >> on the fourth, did you drop your son off at day care? >> i did. >> after that, where did you go? >> i was to meet quickly back home to gather my work stuff, and then went to the city hall to meet with retired undersheriff jim dempsey -- jan dempsey, and drove down self. >> that is a san francisco county jail in san bruno. >> that is correct. that is our property. >> how long did that ceremony last? >> the ceremony probably lasted longer than i stayed. i returned quickly back to

participate in my last budget and finance committee meeting as a member of the board of supervisors. >> did you have any calls with your wife? did you try to contact your wife that morning? >> i may have. >> did you leave a voicemail message that morning? >> i may have. we often text and/or the voice. -- and/or voice. >> i want to show you a copy of exhibit 80. that is one of the text message exhibits.

>> please proceed.

>> sorry for the delay. chairperson hur: give the witness a copy. >> sheriff, except it 80 -- exhibit 80 is the package of text messages from you and your wife. could you turn to the text messages on january 4?

five or six pages in. chairperson hur: so we are all on the same page, can you tell us the code there is a page that has text messages from january 2, third, and forth. -- can you tell us -- >> there is a page that has text messages from january 2, 3, and four. it says, "left to -- you a vm, but did not hear back." that was sent on january 4. >> yes.

>> did you leave a voicemail that morning for your wife? >> i am sure i did, yes. >> what was the subject of the voice mail? >> that i am returning your call. >> what was her call about suspects >> it was not clear. -- but was recalled about? >> it was not clear. -- what was her call about? >> it was not clear. that is why i asked a question in the text. i was not sure what my wife was referring to. >> what is it coming to the best of your recollection, the wife said in the message left for you? >> objection. chairperson hur: overruled. >> it was ambiguous. but honestly did not know. i was trying to get clarification. are you ok? what happened?

>> can you tell me anything about what the message sounded like? anything at all? >> routine. >> routine about what? >> our son, potentially, or something else. nothing other than what it said. i did not understand. >> did you become aware of a telephone call your wife had on the morning of january 4 that lasted about 39 minutes? >> what is the question? >> have you become aware of a telephone call between your wife and ms. haynes that lasted about 39 minutes? >> yes, i have since become aware of it. yes.

>> she was your campaign manager. >> yes. >> she had many responsibilities. >> yes. >> she had responsibility for the budget of your campaign? >> not exactly. there were other people involved in the budget of the campaign. she was a principal partner to it. >> she was the principal partner in helping to crofter public message during the campaign? >> not exactly. i had a consultant for that. >> did she do logistics for your campaign? >> yes. i would define it more like outreach and organizing the field, in campaign terms. >> when you have a person organizing in the field, problems arise in the field, and they help address them. >> objection. testifying. chairperson hur: wrap it up quickly. overruled. >> as it pertains to precincts

and organizing in an election, correct. >> was she loyal to you? >> i would like to believe so. >> do you trust her? >> yes. >> do you value loyalty? >> yes. >> do you value her? >> yes. >> have you communicated with her before the morning of january for about what happened on december 31? >> not at all, no. >> had you left a message? text message? e-mail? >> no. >> had you ever communicated before january 4 about problems

in your marriage? >> no. >> in 2011, did your wife ever go out with lynette, just the two of them? >> sure. >> how often? >> i do not know. >> on the fourth, your budget hearing concluded around 12:15 in the afternoon. >> i thought a little bit later,

but i will believe you, if that is correct. >> in any case, did you leave a little later? >> later. >> where did you go? >> to my office. darting back and forth between my office and the sheriff's office, since i was four days away from being inaugurated and was still moving out of my supervisor's office. >> when you went to your office after the budget hearing, and did you just stop in for a moment? did you stay there for a while? were you moving things? >> moving. it was chaotic. there was a lot of moving going on the last few days. >> had michael hennessey already

vacated the office you were going to move into? i mean the physical office. >> no. chairperson hur: counsel, if this is a good breaking point, we are at about 9:00. >> it is as good as any. chairperson hur: sheriff, i caution you that you are still under oath. we ask that you not discuss your testimony overnight, because you are still on the stand. >> i understand. thank you very much. chairperson hur: the witness is excused until tomorrow. counsel, if we could do a couple housekeeping things?

typically, we would expect the exhibits that you planned to use with the witness in advance. i mean, you could pass them every time, but it probably disrupts your examination more than necessary. >> we brought them last week, but we did not think they were needed. we will bring them tomorrow morning. can you bring them tomorrow? >> we should be able to do that, yes. >> how much more time do you think you have? we have to figure out the schedule for the remaining witness tomorrow. >> how long do you think we

have been going so far? >> almost an hour. >> i will say an hour. >> ok. >> the you have any sense yet of whether you want to -- do you have any sense of whether you want to redirect or anytime you would need? >> we would like to redirect. i don't think we would need more than an hour, maybe half an hour. >> so, we're starting at 9:00, 10:30. ok, here is what i propose. we start at 9, when we're done with the sheriff, we take a morning recess, that would be 10-15 minutes. after that, if you could have your client ready to testify, let's say 11, approximately. i am hoping that 11 will be safe. maybe we could take it a bit of a longer break, i am sure we

have many administrative things that we can discuss if we have the time. just provided the mayor with some sense of when to show up. >> is that reasonable to the sheriff's council? any objection from the commissioners? ok, and then subsequent to that, we will have the mayor. we will take a lunch break after the mayor and then go into the examination after lunch. before we adjourn, it has been our practice to make interim

rulings on the decisions we have made. these rulings are not final. we are in a continuing meeting. so, like if this was the normal one-day meeting, we would hear public comment but these are interim votes. because we have -- is there a motion to adopt the rule is that the commission has made? >> i will second. >> all in favor. >> aye. >> opposed? hearing none, the meeting is adjourned.

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