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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN * * * * * * * * * * * * * * * * * * * * * * *
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THOMAS J. HOLMES, et al. Plaintiffs,
vs. 9 10 11
Case No. 14-CV-208
JOHN DICKERT, et al., Defendants.
12 13 * * * * * * * * * * * * * * * * * * * * * * * 14 15 DEPOSITION OF DOUGLAS E. NICHOLSON 16 17 18 19
TAKEN AT: HOSTAK, HENZL & BICHLER, S.C. LOCATED AT: 840 Lake Avenue Racine, Wisconsin May 6, 2015 9:03 a.m. to 3:31 p.m.
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REPORTED BY ANNICK M. JAQUET REGISTERED MERIT REPORTER CERTIFIED REALTIME REPORTER Veritext Legal Solutions www.veritext.com 888-391-3376 Case 2:14-cv-00208-JPS Filed 09/28/15 Page 1 of 87 Document 234-3 Exhibit 36
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A P P E A R A N C E S:
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KOHLER & HART, S.C., by Mr. Dan H. Sanders 735 North Water Street #1212 Milwaukee, Wisconsin 53202-4105 (414) 271-9595 dhsanders@kohlerandhart.com Appearing on behalf of the Plaintiffs.
EXHIBITS Exhibit
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HOSTAK, HENZL & BICHLER, S.C., by Mr. Thomas M. Devine 840 Lake Avenue #300 Racine, Wisconsin 53403-1566 (262) 632-7541 tdevine@hhb.com Appearing on behalf of Defendant Doug Nicholson.
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MEISSNER, TIERNEY, FISHER & NICHOLS, S.C., by Mr. Michael J. Cohen 111 East Kilbourn Avenue, # 1900 Milwaukee, Wisconsin 53202-6622 (414) 273-1300 mjc@mtfn.com Appearing on behalf of the Defendants, except Doug Nicholson.
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ALSO PRESENT: Scott Letteney
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Description Page Marked/Identified
Exhibit 286 ... 3/31/09 Campaign Finance Report p. 149 / 149 Exhibit 287 ... 4/29/09 Campaign Finance Report p. 151 / 151 Exhibit 288 ... 5/1/09 Campaign Finance Report p. 154 / 154 Exhibit 289 ... 7/1/09 Campaign Finance Report p. 155 / 155 Exhibit 290 ... 7/20/10 Campaign Finance Report p. 157 / 157 Exhibit 291 ... 7/23/10 Campaign Finance Report p. 160 / 160 Exhibit 292 ... January 2011 Continuing Campaign Finance Report dated 1/28/11 ............. 163 / 163 Exhibit 293 ... May Campaign Finance Report dated 3/28/11 ....... 163 / 165 Exhibit 294 ... July continuing 2011 Campaign Finance Report dated 7/20/11 p. 163 / 166 Exhibit 295 ... January continuing 2013 Campaign Finance Report dated 1/25/13 ............. 163 / 168
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Examination by: 3 4 5
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Mr. Sanders ................................. 6 Mr. Cohen ................................. 223
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INDEX
EXHIBITS Exhibit
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Description Page Marked/Identified
Exhibit 296 ... July continuing 2013 Campaign Finance Report dated 7/22/13 p. 163 / 172 Exhibit 297 ... Invitation to 4/19/11 John Dickert fundraiser .. 217 / 218 Exhibit 298 ... E-mail from Mary Jerger to Beth Pramme .............. 219 / 219
(The original transcript was delivered to Attorney Sanders.)
(The original exhibits were attached to the original transcript. Copies were provided to all counsel.)
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1 TRANSCRIPT OF PROCEEDINGS 2 DOUGLAS E. NICHOLSON, called as a 3 witness herein, having been first duly sworn on 4 oath, was examined and testifies as follows: 5 EXAMINATION 6 BY MR. SANDERS: 7 Q Good morning, Mr. Nicholson. I introduced 8 myself before. I'm Dan Sanders. I'm an 9 attorney for the plaintiffs in this matter, 10 Holmes, et al. versus Dickert, et al., 11 2014-CV-208. This is a federal lawsuit, civil 12 lawsuit in the Eastern District of Wisconsin 13 before Judge Stadtmueller. 14 I am one of the attorneys at a law firm in 15 Milwaukee, Kohler and Hart, along with Segal 16 McCambridge in Chicago that represent the 17 plaintiffs in this matter and you're one of the 18 named defendants. We're here today for your 19 deposition. 20 I know that you're represented by 21 Mr. Devine, Attorney Devine, and I'm sure 22 you've spoken to him on occasions before about 23 what's going to take place at the deposition. 24 Let me tell you a few things just, I'm sure 25 he's gone over this with you, I'll be asking
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you a series of questions. If you don't understand the question tell me so I can rephrase it so you do understand it. If you don't hear me let me know. Any response that you give has to be words, yes, no, or just you can't nod your head, make noises. It has to be a word so she can take it down. You'd be surprised, a lot of people do it -Got it. -- all the time. You're probably going to hear, probably throughout the deposition there may be some objections that are made by the lawyers here. Most of the objections that you'll hear are just, they're objections that we have to make for the record, the attorneys have to make for the record. You still have to answer the question unless your attorney, Mr. Devine, tells you not to do so, okay? (Nodding.) I usually around about an hour into the deposition, every hour I kind of look at the parties to see if we need to take a break. If you need to take a break just let us know and we'll do it. Otherwise if everybody's good to
go we keep going, but we usually like to take a break just to use the restroom, get something to drink, stretch our legs. If we go into the lunch hour or past the lunch hour we'll talk amongst ourselves whether we're going to take some time and how long and then we'll come back, okay? Okay. Any questions for me? No, sir. All right. MR. DEVINE: I do need to make the statement on the record. We had the predeposition conference where we discussed the testimony that would be provided here. Mr. Nicholson is going to take the Fifth Amendment with respect to all questions that concern campaign, campaign contributions, donations, things of that nature. We will put the Fifth Amendment privilege on the record as a statement for the first time, but if we can have the agreement after that if he simply says "Fifth Amendment" it's to preserve the privilege that we're claiming here concerning that testimony. Will that work? Page 9
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MR. SANDERS: Yes. Could we go off the record for a moment? (A discussion held off the record.) (Short break was taken.) BY MR. SANDERS: Apologize for that little break, Mr. Nicholson. I know your time is valuable. Let's begin, just say your full name, spell your first and last name, please. Douglas Edward Nicholson, D-O-U-G-L-A-S, N-I-C-H-O-L-S-O-N. Where do you currently reside? 1534 College Avenue in Racine, Wisconsin, 53403. How long have you lived on College Avenue? Ten years. Who do you live there with? My family, my wife. Who's your family? Your wife, what's her name? Sara Nicholson. How do you spell her first name? S-A-R-A. All right. And do you have children? I do, three. How many children? Three? Boys, girls?
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Two girls and a boy. How long have you lived in Racine? All my life. Okay. What's your date of birth? Were you born in Racine? Yes. Okay. Did you go to high school here? Yes. Where? Park. What year did you graduate? 1988. Did you attend college? I did. Where? Gateway Technical College in Kenosha and Carthage College in Kenosha. What years were you at Gateway? I'm not sure. 2002 through 2004, somewhere around there. What about Carthage? Immediately following, I believe I graduated in '90, I was done with school in '97 and graduated in '98.
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Q Did you say you graduated from Park in '98? A '88. Q '88? Okay. What degree did you get -- did you get a degree at Gateway? A I didn't. I got a vocational diploma in aviation mechanics, A&P, airframe and powerplant mechanics license. Q What about at Carthage? A Bachelor's in business admin and marketing. Q And how about employment after high school, what kind of employment did you have? A I worked for Renee Welding and Small Engine Shop. Q Uh-huh. How long? A Three or four years. Q After that? A Even during that I worked as a bouncer, bartender. Q In Racine? A Racine and Kenosha. Q What other employment have you had? A I worked for Phoenix International as a product manager. Q When was that? A 1998 to 2000.
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Okay. What did you do in 2000? I bought into a water purification company. What was it called? Fluid Engineering. Is it in Racine? It was. How long were you with Fluid Engineering? Two years. And what did you do? I built, sold, and installed reverse osmosis and ultrafiltration systems. Was it your own company? I was part owner, minority owner. And what was the name of that company? That was Fluid Engineering. Oh, still -Same company. Okay. After Fluid Engineering what did you do? I opened the Ivanhoe Pub. Okay. What year was that? 2002. Did you have other business interests at the time when you opened the Ivanhoe? Were you involved in other businesses besides the Ivanhoe -Page 13
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A No. Q In 2002 did you obtain a Class B liquor license for Ivanhoe in 2002? A I did. Q And what's your understanding of a Class B liquor license? A Class B liquor license is for the sale of alcohol on premise. Q Okay. A And off premise. Q What types of alcohol? A Beer, wine, and liquor. Q Can you explain the process that you went through in 2002 to obtain your Class B liquor license? A Certainly. I contacted the alderman who got me started, filled out the application, went to the meetings. Q Meetings where? A At city hall, the license and welfare meetings, gave my business plan, talked about my ideas to open the pub. Q Is it your understanding that the licensing committee had the final say as to whether or not you got a license?
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A Yes. Q You don't believe it had to go to the common council to get the final approval? A I'm sorry, let me retract that. The licensing committee gives a suggestion to the common council. The common council makes a final decision. Q Okay. Now, in 2002 when you obtained your Class B license you weren't required to put any, have any specific security systems, were you? A No, I don't believe so. Q And the Ivanhoe's been in operation since 2002? A Correct. Q At any time has the city licensing committee, the police department, anybody associated with the city, have they required you to put in security systems? A Not that I believe. I started with a security system. It wasn't a requirement, but I had full DVR upon opening. Also to get my liquor license I went through quite the battle. Q In what way? A With city hall. The Downtown Racine Corporation spoke against me opening, so I
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hired a political consultant, it was a friend of mine who worked as, for, had a logistics for the White House during the Clinton administration, she came into town and gave me a bunch of advice on how to hold meetings. Who was that person? Laura Schwartz. Do you know how to spell her last name? S-C-H-W-A-R-T-Z. I believe they wrote articles about the reopening of the Ivanhoe. Who wrote the articles? The Journal Times. The Journal Times? I started a petition in favor of opening the Ivanhoe, obtained signatures, I think around 600 people, if I recall. Okay. Who was the alderman that you contacted? Jeff Coe. Did you know Jeff Coe before -No. -- before you opened the Ivanhoe? No, sir. And you've been -- you've been close to Jeff Coe ever since then, haven't you? What's the definition of close?
Q You consider him your friend? A Yes. Q And the Ivanhoe's been opened uninterrupted since 2002? A Yes. Q And the Ivanhoe's always had a Class B license? A Yes. Q You never had any opposition from the city in renewal of that license, have you? A No. Q Do you know who the mayor was when you opened the Ivanhoe in 2002? A Smith. Q Did you have any conversations with Mayor Smith regarding the opening of Ivanhoe? A Yes. Q What type of conversations did you have with Mayor Smith regarding Ivanhoe? A I told him that I wanted to take a vacant building that was, been vacant for 16 years, restore it instead of renovate it and open a nice pub and eatery in downtown Racine. Q Was he supportive? A I don't believe so. Q Did you contribute to his campaign? Page 17
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A Not that I know of. Q You would remember if you contributed to a mayor's campaign in the City of Racine? A No. I don't believe I did. Q At the time that you were applying for going through the application in 2002 did you make any contributions to any other elected officials in the City of Racine? A No. Q When did you actually open the Ivanhoe? A I believe it was December of 2002. Q What type of security did you have when you opened the Ivanhoe in terms of persons? A Two doormen. Q Were these private that you hired? A Yes. Q Did you have any off-duty police officers? A No. Q Since the opening of the Ivanhoe have you ever hired off-duty officers to provide security? A No. Q Has the city ever requested you to hire off-duty officers since the opening of the Ivanhoe? A I'm sorry, can you repeat that?
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Q Has the city ever asked you or made it a requisite for a renewal of a license to hire off-duty officers for security? A No. Q Has the city ever requested you to hire additional private security to work at the Ivanhoe since it's been opened in 2002? A No. Q Did you have a dress code when you opened the Ivanhoe in 2002? A Yes. Q What was the dress code? A Hats straight forward or straight back, no excessively baggy or ripped pants, and no tank tops. I guess you would call them wife beaters. Q What was the purpose for the hats straight forward or straight back? What was your concern about people wearing their hats to the side? A Gang related activity. Q Did you have any training regarding gang related activity in your schooling? A No. Q How would you know that wearing your hat
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sideways is gang related? A I think that's pretty much common knowledge at the time. Q In 2002? A Uh-huh. MR. COHEN: That's a yes? That was yes? MR. DEVINE: Yes? THE WITNESS: Oh, yes. Sorry. BY MR. SANDERS: Q Told you we'd get you. A Sorry. Q In 2002 did you perceive Racine to have a gang problem? MR. COHEN: Objection to the form. THE WITNESS: I don't know that I had a perception of gang problems, but I did go to school here, so I certainly know about the gangs in Racine. BY MR. SANDERS: Q You believe there were gangs in Racine in 2002? A I do. Q Okay. Were there gangs at Park High School? A Yes. Q What types of gangs?
Disciples, Vice Lords. Any other gangs? I don't recall. Is the Disciples the Gangster Disciples or just plain Disciples? I have no idea. What was the racial makeup of the members of the Disciples at Park High School? I have no idea. You were there and you saw them, right? MR. DEVINE: And he already testified he had no idea, so... BY MR. SANDERS: Do you know if the people were white or black? I don't know what -- no, I don't. Do you know the difference between an African-American and a Caucasian person? I do. All right. Did Park High School have African-American students at it? They did. And you know African-American people usually have black skin? Yes. Would you agree with that? Page 21
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I would. And Caucasian people have white skin? I agree. All right. So the gangsters -- or the Disciples at Park High School when you were there, did they -- were there white people in the gang? I don't know. Were there black people in the gang? Yes. How many black people do you think there were in the gang at the Disciples at Park High School? MR. COHEN: Objection, foundation. THE WITNESS: I have no idea. BY MR. SANDERS: Did you see the gang every day? MR. DEVINE: Well, I'm going to object to the form of the question. The gang is an association of a number of people. BY MR. SANDERS: Did you see the Disciples who you've identified as the Disciples on a daily basis at Park High School? I can't recall. I just know that there were
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gangs and people would throw up gang signs, and being a high school student the other kids would talk about the gangs. What do you mean by gang signs? Describe what you believe were gang signs they threw up. Making hand gestures. Did you ever see any white people managing hand gestures that you would consider gang signs? Yes. Were they part of the Disciples? I have no idea. But you saw people in the disciples threw up gang signs. I saw people throw out gang signs. I don't know that I know anyone personally that was in a gang. You didn't know anybody personally that was in the Disciples when you were in Park High School. No. What about the Vice Lords? No. Was the Vice Lords when you were in high school, were there African-American blacks in the Vice Lords?
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A I believe it was most likely Latino, but again, 1 I have no idea. 2 Q Why do you believe it was mostly Latino? 3 A I -- I suppose from my experience with who was 4 talking. 5 Q What do you mean your experience with who was 6 talking? 7 A I guess it's, again, just common knowledge from 8 people talking that most of, I mean, I don't 9 know, Vice Lords. 10 Q Were there any white gangs that you knew of? 11 A No. 12 Q So it's safe to say you associated the 13 Disciples with African-Americans and the Vice 14 Lords with Latinos? 15 A Yes. 16 Q And from your experience, at least partially 17 from your experience at Park High School you 18 believed that baseball caps worn to the side or 19 hats worn to the side would be associated with 20 Disciples or Vice Lords, correct? 21 A With a gang. I don't know what gang, but yes, 22 everyone would talk that wearing your hat to 23 the side was an indication of a gang. 24 Q What problem did you have with baggy pants as 25
your dress code when you initiated the Ivanhoe? Did you associate baggy pants with gangs? No. So hats were associated with gangs but not baggy pants. Yes. What were -- what was the problem with baggy pants? It's a way to hide firearms and not be able to detect them or weapons. Did you have a dress code for parkas? For parkas? Could people wear parkas into the Ivanhoe? I'm not sure what you mean by parka. A heavy winter jacket. Yes. Were people allowed to wear long coats into the Ivanhoe? Yes. All right. Were people aware -- allowed to wear sweatshirts into the Ivanhoe? Yes. Were people allowed to wear sweatshirts with hoods into the Ivanhoe? Not with a hood up. Page 25
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Not with a hood up. Was that a dress code -Yeah. Was that part of your dress code in 2002? I believe so. Okay. So you said no hoodies or no hood up? No hood up. Okay. And why did you have no hood up? Why was that a concern? Because then you can't see the face of someone. With the hood up? Correct. Can't see the face with the hood up. So hoods covered their faces? MR. DEVINE: He just said that. BY MR. SANDERS: I'm asking him a question. Did the hoods cover their faces? Covers the side of someone's face. All right. Did you have a dress code for no masks? No, I didn't have a dress code for no masks, but if somebody walked in a mask we certainly would not allow them in. Okay. Unless it was Halloween.
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Q And why the tank tops? Why was that part of your dress code? A Tank tops in the form of the white undershirt type tank tops were not conducive with the environment. Wanted people to look nice. Q Was it your experience that Disciples and Vice Lords wore white tank tops? A No. Q Was it your experience that Disciples and Vice Lords wore baggy pants? A No. Q So you -- the baggy pants, it was a concern that people would be able to hide weapons. A Yes. Q But you weren't concerned about people hiding weapons in their coats, correct? A Certainly concerned about any type of security where someone would bring in a weapon to an establishment. Q Did you frisk people that brought in, that wore coats into your establishment? A No. Q Did you frisk people that wore baggy shirts into your establishment? A I've never frisked anyone who walked into my
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establishment. Q Okay. But -A Nor did my -Q But you've banned people from wearing baggy pants into your establishment. A I have a dress code. I didn't ban the person. Q But your dress code was to keep black people out. A No. MR. COHEN: Objection, argumentative. BY MR. SANDERS: Q Well, you've said you've testified that you were concerned about gangs. That's why you had a dress code. MR. DEVINE: No, he didn't say that. Object to the form of the question. MR. COHEN: Misstates his testimony. MR. DEVINE: Misstates his testimony. BY MR. SANDERS: Q Were you concerned, did you have a dress code to keep black people out of your bar? A No. Q You had on the dress code the hat part of it, wearing it to the side. That was specifically based on your experience at Park High School,
with gangs at Park High School? MR. COHEN: Objection, misstates his testimony. Also said it was common knowledge. MR. SANDERS: And he also said that his experience was based on his time at Park High School. MR. COHEN: It sounded like an exclusive question to me when you asked it. Objection to form. BY MR. SANDERS: Q Can you answer the question, please? A Can you restate the question? MR. SANDERS: Please read it back. (The following portion of the record was read: "QUESTION: You had on the dress code the hat part of it, wearing it to the side. That was specifically based on your experience at Park High School, with gangs at Park High School?") THE WITNESS: No. BY MR. SANDERS: Q So if a white person walked into the Ivanhoe wearing the -- their hat to the side would you have a problem with that? A We ask them to turn it straight forward or turn Page 29
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it straight back. Q And you've done that in the past. A Every person that walks into the Ivanhoe. Q All right. And with hoodies, sweatshirts with hoods, do you allow people into Ivanhoe with sweatshirts with hoods? A Yes. Q And is it your position that they can't have the hoods up? A We ask them if they would take their hood down and put it down. Q All right. So if somebody's in the Ivanhoe and they put their hood up after they've already gotten in there do you make them put their hood down? A One of the doormen or the bartenders will ask them politely if they could please put their hood down. Q Has it been your experience as a business owner since at least 2002 that many African-American males wear hoods up into places, into businesses? MR. COHEN: Objection to form. THE WITNESS: I would not know that. BY MR. SANDERS:
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Q All right. What other things did you have in your dress code besides hats, baggy pants, and tank tops? A I believe that's all that I can remember right now. Q Did the dress code ever change from 2002 to the present time? A Yes. Q When did it change? A I don't know the date. Q Approximately when? A Three years into business. I guess so, somewhere around 2005. Q How did it change? A We loosened the regulation on the tank tops. Q Why? A Because we had a couple customers coming in after work every day that worked in construction and wore tank tops. Q When you opened in 2002 the Ivanhoe did you have any restrictions on the music that you played? A No. Q What type of music did you play in 2002 when you opened? Page 31
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A Music conducive to the dinner clientele and then an open jukebox, so -Q When did the open jukebox begin in the evening? A Either 9 or 10. I believe 9:00. Q Did you have any live acts when you opened in 2002? A Yes. Q The first couple years? A Yeah, first couple years, yes. Q What types? What kind of music? What kind of acts? A We had live bands. Q Playing what kind of music? A Blues, rock-and-roll, alternative rock, folk, Irish, Irish sessions every Sunday. Q Did you ever play hip-hop music? A Did I ever -Q When the Ivanhoe opened for the first several years did you have any hip-hop music playing? A Live or on the jukebox? Q Jukebox. A Jukebox, yes. Q What about -A It's an open jukebox, so whoever wanted to... Q Okay.
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A Actually, back then there was a CD jukebox and it wasn't until later years that it became the Internet jukebox. Q Like radio based? A Internet, so you can download any song that you want like what we have now, so if it's not -but at first I believe it was 300 CDs. Q Okay. Did you have any hip-hop CDs in the jukebox when you first opened up? A What is the definition of hip-hop? Q You've been in the bar, music business -MR. DEVINE: He's asking you for -give him a definition, then he can answer the question. BY MR. SANDERS: Q Who do you typically believe -- who do you believe -- what race do you believe typically listens to hip-hop music? MR. DEVINE: Kids do. Stop it. If you can define the music for him then he can give you an answer. MR. SANDERS: Mr. Devine, if you're going to make an objection make an objection. MR. DEVINE: I am doing that. MR. SANDERS: Okay. Page 33
1 MR. DEVINE: I'm objecting to the 2 form of the question. 3 MR. SANDERS: But you can't control 4 the way I ask the questions. 5 MR. DEVINE: I can through the sense 6 that if you ask improper questions and the form 7 is wrong then -8 MR. SANDERS: Then you can object. 9 MR. DEVINE: And I am. 10 MR. SANDERS: But he can still answer 11 the question. 12 MR. DEVINE: No, he's not answering 13 questions that don't have an appropriate form 14 to them and that are meaningless questions, 15 so... 16 MR. SANDERS: May be meaningless to 17 you, Mr. Devine. 18 MR. DEVINE: Perform your 19 responsibility as a respected lawyer and ask 20 questions that have value. 21 MR. SANDERS: Thank you, Mr. Devine. 22 MR. DEVINE: You're welcome. 23 BY MR. SANDERS: 24 Q Mr. Nicholson, have you ever played hip-hop 25 music at the Ivanhoe?
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A I'm sure we have. Q Have you ever had any live acts with hip-hop music at the Ivanhoe, playing hip-hop music? A Yes. Q When? A Well, there was a band that had a DJ when we first opened up, I don't remember the name of them, but they were a live band with a DJ and that was pretty early on. We've also had Tucson Morrison, even in his recent years, come down in Minneapolis and play. Q What was his name? A Tucson Morrison. Q Have you ever had any rap acts play live at the Ivanhoe? A There was definitely some rapping going on with the initial hip-hop -Q Okay. A -- band that I talked about. Q Have you had any hip-hop acts in recent years? A Yes. Tucson -Q At the Ivanhoe? A Tucson Morrison. Q Have you ever been told by the city, by either the licensing committee or the common council
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or an individual alderman, anyone associated with the city, to not play hip-hop music in your establishment -No. -- the Ivanhoe? What's the capacity of the Ivanhoe? 80. Has the city ever asked you or requested you to reduce the capacity on any given evening at the Ivanhoe? Yes. Under what circumstances? We were over capacity. Has the city ever asked you to reduce your capacity below 80 persons? No. What nights are you open -- what nights have the Ivanhoe been open since 2002? Seven nights a week. Seven nights a week? Has it been consistent since 2002 to the present time? The hours? Or the days -Is it open until -Yes. -- seven nights a week? And how late do you
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stay open? To the legal closing time. What's the legal closing time in the City of Racine? 2 a.m. Sunday through Thursday, 2:30 Friday and Saturday. Has the city ever asked you or anyone from the city to -- to reduce the nights that you're open at the Ivanhoe? No. Has the city ever asked you to close earlier Sunday through Thursday earlier than 2 a.m.? No. Has the city ever asked you to close earlier than 2:30 on Friday or Saturday night? No. How many employees do you have at the Ivanhoe? I'm not sure off the top of my head an exact number. More than ten? Yes. I would say somewhere around 30, 20 to 30. Bartenders, cooks? Bartenders, cooks, security, servers, kitchen manager, bar manager, general manager, guy who Page 37
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cleans in the morning. Q Has the number of employees, has it been consistent since you opened or has it -A It varies. Q Have you ever been asked by anyone from the city to limit the types of alcohol that you serve? A No. Q Are you familiar with the Racine Tavern League? A I am. Q Are you a member? A I am. Q Are you a member on behalf of the Ivanhoe -A Yes. Q -- or are you just a member in your individual capacity? A On behalf of the Ivanhoe. Q All right. And how long have you been a member of the Racine Tavern League? A Since 2002. Q You've been a member consistently since then to the present time? A Yes. Q Has anyone -- what's your understanding of what the Racine Tavern League does for its members?
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A They are part of the Wisconsin Tavern League, which is an association of liquor license holders, people in the business, and they provide trade shows, knowledge, and then they do a lot of charity events. Q Have you ever been an officer or board member of the Racine Tavern League? A No. Q Has anyone from the tavern league ever suggested to you to have certain types of alcohol on your shelf at the Ivanhoe? A No. Q Has anyone from the tavern league ever suggested you have certain items on your dress code? A No. Q Has -A I'm sure at, during conversations we've talked about dress codes. Q In what way? A Privately amongst each other, bar owner to bar owner what's your dress code, what's your dress code. I don't recall any specific. Q Did anyone from the tavern league ever advise you on what type of security to have at the
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Ivanhoe? A No. Q Anybody from the tavern league ever advise you what type of music to play? A No. Q Has anyone from the Racine Police Department ever requested that you have a certain dress code? A No. Q Has anyone from the police department ever requested that you play certain music or not play certain music? A No. Q What about alcohol on the shelf? A No. Q What about capacity, reducing your capacity under 80? A No. Q What about limiting your hours of operation? A No. Q Or bar close? A No. Q Do you own -- you own other businesses; is that correct? A Yes.
What other businesses do you own? ATM Financial Services, LLC. What does that provide? Provides ATM services where we sell and operate ATMs. In Racine? Yes. Anything out of the City of Racine? Mt. Pleasant, Waukesha. So is this a business where you -- do you lease machines, ATM machines to businesses? I don't. I actually lease space from them and then place an ATM and then we service, stock the ATM in their location. So you pay the business or the location, whoever runs the location, a fee to have the machine there. Certainly, yes. Does the fee include part of the, at least ATM fees that are coming from the operation of the ATM? All the -MR. DEVINE: I'm sorry, you mean a percentage of it? MR. SANDERS: Uh-huh. Page 41
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MR. DEVINE: Okay. All right. THE WITNESS: Each contract is set up individually, so some do include it, some don't. BY MR. SANDERS: Do you have any contracts with ATM Financial Services with the City of Racine? I do. Do you lease space from the City of Racine to place machines? I believe that's how the contract is set up. Where do you have machines, your machines, in the City of Racine? I have that at city hall, festival site, Memorial Hall. I have a mobile machine that we take to Raiders games through park and rec, and I have one at the Racine Zoo. I believe -- I don't believe we did a City of Racine contract for that. I think the contract might have been through the Racine Zoo. Who did you negotiate those contracts with with the City of Racine? I negotiated with venue works for the one at the -- the ones at Memorial Hall and the festival site. I went through the city process
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years ago and put the one -- one in at the police station which is no longer there and one in the city hall and it was in the basement, so I submitted a letter, I believe, to the city and then went to whatever meeting was supposed to be and got approval. What committee -- did you have to go through a committee to get approval for the city contracts? I believe so, but I do not remember what committee it was. What year did you begin ATM Financial Services? I don't recall. It is between 2003 and 2005. Do you recall who the mayor was at the time that you began ATM Financial Services? I don't. I mean, I know the mayor was Smith, then Becker, but I don't remember at what point I opened the ATM. Okay. So when you say you began between 2003, 2005 you mean with the city contracts or the business itself? The business itself. I don't remember when I had the city contracts or even when I started that company. I can't remember the exact year off the top of my head.
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1 Okay. Asking two different questions. Let me go back. What year did you begin ATM Financial 2 3 Services? 4 I don't recall. It was somewhere between 2002 5 and 2005. 6 Okay. What year did you begin with the city 7 contracts? 8 Again, I don't recall. I'm assuming it was in 9 my first -10 MR. DEVINE: Don't make assumptions. 11 I'm sorry. 12 THE WITNESS: Okay. I don't recall. 13 BY MR. SANDERS: Do you know what year you put the machine in 14 15 city hall? 16 I don't. 17 Was it in the past five years? 18 No. 19 Earlier? 20 Actually, can I clarify that? Because I just 21 put a machine in city hall this year, but there 22 was one there previously, I want to say 23 somewhere around eight or nine years ago. 24 Okay. That machine was broken into and I removed the 25
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machine. In city hall? Yes. Okay. What other businesses do you operate? Carriage House Liquor Company. Where is that located? 220 State Street in Racine, Wisconsin, 53403. What services are provided at Carriage House Liquor Company? It is a specialty food and liquor store. Do you have a Class B license for that? I do. When did you open Carriage House? 2014. What other businesses? Nicholson Property Management. When did you start that? I believe six or seven years ago. Seven or eight years ago. What does Nicholson Property Management do? It owns buildings. What buildings? 316 Main Street, 220 State Street. Just those two buildings? Yes. Page 45
Q Okay. Who owns the building that the Ivanhoe is in? A Peter Theos. Q So you lease space? A Yes. Q How long have you owned 316 Main Street? A I believe seven years, somewhere around that time. Q And what about 220 State Street, how many years? A Two and a half, two to three years. Q What other businesses? A Pearle Vision. Q Pearle or pro? A Pearle. Q Pearle? Is that a franchise? A Yes. Q Where is that located? A I don't know the address off the top of my head. It's on the ring road of the mall on Green Bay. Q On Green Bay? Is it in the City of Racine? A It is. Q Do you own any of these businesses with your wife, Sara?
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Pearle Vision. Does she work there? Yes. In what capacity? She's the doctor. Optometrist? Uh-huh. MR. COHEN: Is that yes? THE WITNESS: Yes, sorry. BY MR. SANDERS: That's two. I'll get better. One, two. How long have you had Pearle Vision? One year. Where did she work before Pearle Vision? She worked at Pearle Vision in Oak Creek for Luxottica. Any other businesses? Did we go over Envi Ultra Lounge. No. Envi Ultra Lounge. Is that at 316? It is. 316 Main Street?
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Q Class B? A Yes. Q So the Masonic Center has hired Hiram's Place to provide that service? A Yes. Q Then Hiram's Place has its own employees that serve the alcohol at the Masonic Center? A Yes. Q You don't own the building. A I do not own the building. Q Okay. How long have you had Hiram's Place? A I believe since 2005. Q Okay. A I think somewhere around ten years. It might be eight years. I'm not sure. Q Any other businesses? A I don't think so. Q Okay. If you think of one let me know. A All right. Q All right? A All right. Q So let's go back to the three additional Class B establishments that you have, Carriage House, Envi, and Hiram's Place. And I think what I'll do for expediency is I'll try to loop all three
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316 Main Street, Racine, Wisconsin, 53403. When did Envi Ultra Lounge open? Almost four years ago. 2011? I believe that's correct. What kind of establishment is Envi Ultra Lounge? It's a green themed ultra lounge. Do you serve food? We do. Would you consider it more of a night club than a restaurant/bar? It's both. It's an ultra lounge. What's your definition of a ultra lounge? It's a place that sets, that allows for dining, dancing, and drinking. Does it have a Class B license? It does. Do you have other businesses? Hiram's Place. And where is that? 1012 Main Street, Racine, Wisconsin, 53403. And what is Hiram's Place? We provide alcohol service and hold the liquor license at the Racine Masonic Center.
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together and if you have a different answer for each one then go through the different answer, okay? Okay. Did you go through the normal licensing process to get the Class B licenses for each of those bars? Yes. Did you receive any opposition to any of those bars in obtaining a Class B? Opposition from? Aldermen. Not that I recall. Any other city officials? Not that I recall. Any downtown businesses? I'm not sure with Envi if there was some feedback from downtown businesses or not. What about any concerns raised by the Racine Police Department that you're aware of for any of those bars in obtaining the liquor license? No. For all three of those bars do you have a dress code? MR. DEVINE: Hiram's isn't a bar. I
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mean... BY MR. SANDERS: Okay. For Envi and Carriage Place do you have a dress code? We have a dress code at Envi. For Carriage House it's -- we don't have a dress code. Okay. But you serve alcohol there. We do. Okay. We have a tasting bar. So is the dress code at Envi any different than the one at Ivanhoe? When we first started we had no tennis shoes on it, on the dress code as well. But did you have the -No. -- hats to the side? No -- no baseball style hats, hats with a baseball style brim can be worn after 10:00. When he we first -- and that just relinquished to the 10:00 point I think within about a year ago. The first three years that we were open there was no baseball style hats whatsoever. Why no baseball style hats? Because it wasn't conducive to the environment
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1 that I want Envi to be. 2 How was Envi different than Ivanhoe? 3 Ivanhoe's is a traditional Irish pub, great 4 homemade food. Envi is eclectic food, more of 5 a modern dynamic cuisine, and it's more 6 upscale. 7 Would it be fair to say the Ivanhoe is a pub 8 and Envi is a club? 9 An ultra lounge. Okay. Now, with Hiram's Place you provide the 10 11 alcohol services there. Do you have it -- do 12 you impose a dress code to who you're serving? 13 No. 14 Okay. 15 We don't -- it's not open every day. We 16 provide bar service for events that take place, 17 so everything from fundraisers, birthday 18 parties, weddings, quincea単eras. We don't set 19 up any of that. So somebody, if somebody uses the Masonic Hall 20 21 for an event -22 They call us. 23 -- you get the -24 We provide the alcohol service. 25 Do you -- is the -- do you have security at the
Carriage Place? Like -- I mean, we have -Like doormen? -- cameras. No. You have cameras? I have cameras at Carriage House, Ivanhoe, Envi, and Pearle Vision. Do you have security at Envi? Yes. Like personnel. Yes. People. Do you have private security? Yes. So do you hire an outside company or do you have your own people that you -My own people. Do you have any off-duty police officers or law enforcement officers at Envi? No. Has the city ever attempted or tried to impose any restrictions on how you run and operate Envi? MR. DEVINE: Well, I'm going to object to the form of the question. There Page 53
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clearly are regulations. Are you asking for something beyond that? MR. COHEN: Same objection. BY MR. SANDERS: Has the city ever tried to impose a dress code at Envi? No. Has the city ever tried to influence how you provide security at Envi? No. Has the city ever tried to restrict what music you play at Envi? No. Has the city ever tried to restrict what type of alcohol you serve at Envi? No. Has RPD, has the police department ever tried to restrict the dress code, the security, music, or the alcohol at Envi? No. Has the city or RPD ever attempted to restrict the capacity at -- at Envi aside from the normal capacity that you have? No. What about the hours of operation?
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A No. Q Has the tavern league ever approached you and suggested that you change your dress code, security, music, alcohol, or capacity or hours of operation? A No. Q Has the city ever -- city, the police department, or the tavern league ever tried to -- let me back up, strike that. Do you play music at the Carriage House? A Yes. Q What type of music? A Background music. Q Okay. You don't -- no live acts at the Carriage House? A No. Q Has the city, the police department, or the tavern league ever suggested that you change the dress code at the Carriage House? A We don't have a dress code and no. Q Okay. Security at the Carriage House? A No. Q Music that you play at the Carriage House? A No. Q Alcohol that you serve at the Carriage House?
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A No. Q What about below your normal capacity limit, have they ever tried to restrict or suggest that you restrict that? A No. Q Hours of operation? A No. Q Has the city or the police department or the tavern league ever suggested that you change the way that you operate Hiram's within the normal restrictions of the city? A No. MR. SANDERS: Want to take a break? MR. DEVINE: It's up to you. MR. COHEN: I could use the restroom. (Short break was taken.) BY MR. SANDERS: Q Mr. Nicholson, since the Ivanhoe has been opened in 2002 have you been, other than for renewal of your liquor license has the Ivanhoe ever been called before the Public Safety Licensing Committee? A Yes. Q Do you recall when, when they were called, called before the Public Safety Licensing
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Committee? I do not recall the year. Do you recall why you were called before the Public Safety Licensing Committee for Ivanhoe's? Yes. Why? An employee sold cigarettes to someone underage. What happened when you went to the Public Safety Licensing Committee for that event? They actually lined everyone against a wall and -Shot them? -- gave a speech about, and then they gave the results of their sting or their checking of places that have tobacco licenses. So were you called before the committee with other bar owners? Other retail establishments. I'm not -- I don't know if there was any bar owners in there. There certainly could have been. I know there was some gas stations or convenience stores as well. Okay. Other than that instance were you ever Page 57
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called before the Public Safety Licensing Committee for Ivanhoe's? Not that I recall. MR. COHEN: You're excluding renewals? MR. SANDERS: Correct. BY MR. SANDERS: Other than renewals have you ever been called before the Public Safety Licensing Committee for Envi? No. Other than renewals have you ever been called before the PSLC, Public Safety Licensing Committee, for Carriage Place? No. MR. COHEN: Carriage House? BY MR. SANDERS: Carriage House, sorry. Is it Carriage House or Carriage Place? Carriage House. Carriage House. Other than renewals have you ever been called before the Public Safety Licensing Committee for Hiram's? No. Other than final approval on renewals have you
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ever been called before or asked to appear before the full common council for any of your places that you hold a liquor license for? In the beginning, other than initial -- I'm sorry, can you repeat the question? Yeah. Other than your initial applications or for renewals of your liquor license have you ever been called before the common council for any of the bars that, or the liquor licenses that you hold? No. Have you had instances at the Ivanhoe where the police have been called to respond to events happening at the Ivanhoe? Yes. In general what type of incidents did the police respond to or have they responded to at Ivanhoe? Unwanted patron or -- unwanted patron or a disturbance. Like civil disturbances within Ivanhoe? I don't know what that means. Well, arguments between people -Yes. -- between persons? Fights?
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Q How often do you have a capacity crowd at Ivanhoe at closing time? A Not very often. Q What about at Envi, capacity crowds at closing at Envi? A No. Q Have the police ever been called to disturbances at Envi? A We've called the police at Envi. Q For what? A We've called for fights across the street at Crosswalk Park, called for unwanted patron. I believe we had a rescue call. Q I'm going to go back to Ivanhoe. Have the police showed up to the Ivanhoe for unwanted parties at the Ivanhoe, meaning unwanted patrons? A I believe so. Q You said generally civil trouble they've been called to the bar? A Yes. Q Have they ever been called to the bar for traffic hazards in front of the bar? A Not that I know of. Q You said they've been called to the bar for
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A Yes. Q Have you ever had any weapons in Ivanhoe where the police have been called? A We had a guy hold up the place and he had his hand in his pocket the entire time. Q Was he a patron? A No. Q Knives? Any knives at Ivanhoe? A I don't know -- yeah, I'm sure the police were called. There was a knife at Ivanhoe. Q On a patron? A I believe the patron ended up getting his hand cut. Q Okay. Have there been fights at the Ivanhoe? A Yes. Q And have the police been called in response to fights? A I'm sure they have at some point. Q And the fights occurred within the bar? A We've had fights inside the bar. Q Have you had fights outside of your bar? A Yes. Q From patrons that were within the bar at one time? A I don't recall any specifics.
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fights? I don't -- yes, I'm sure they have. Do you know what a tavern check is? Yes. What do you believe a tavern check is? Police department and sometimes fire department enter the premises, check the bartenders' licenses to make sure there's a licensed bartender on duty and then also walk through, check the crowd. How often do tavern checks happen from your experience at the Ivanhoe? Once or twice a year. Are they random or do they announce that they're coming? Random. And have they done tavern checks at the Ivanhoe, the police department, the fire department done tavern checks since it opened in 2002? Yes. Up to the present? Yes. Now, in the last several years is there something that you're aware of called a Tavern
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Compliance Task Force from the police department? No. Has anybody from the police department routinely stopped by the Ivanhoe during the late evening hours around, or early morning hours around bar close? MR. COHEN: Objection to the form. THE WITNESS: Not that I know of. BY MR. SANDERS: Does the police department, anybody from the police department on a regular basis come to the Ivanhoe at bar close? MR. COHEN: Same objection. THE WITNESS: Not that I know of. BY MR. SANDERS: All right. Have you ever seen the police department sitting outside the Ivanhoe or police vehicles sitting outside the Ivanhoe on the street at bar close? Yes. How often? I'm not sure. I've seen them out there before. Was it on a particular night or evening that you can recall tied to an event?
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A Not that I recall. Q On the times that you've seen the cars outside the Ivanhoe, the police cars outside the Ivanhoe, have there been large crowds at the Ivanhoe? MR. COHEN: Objection to form. THE WITNESS: There may have been, there may not have been. BY MR. SANDERS: Q Did you ever go up to the police vehicles and ask why they were sitting outside your bar? A No. Q Do you know what the nuisance abatement vehicle is, or the armadillo? Have you ever heard of the armadillo? A Yes, I think so. Q Do you know what it is? A I think so. It's the square box -- is it the camera thing? Q You can't ask me the question. A Oh, I'm sorry. Q What do you believe it is? MR. DEVINE: If he doesn't know then... BY MR. SANDERS:
Is it a police vehicle? Yeah. Have you seen it before? Yes, it was parked behind my house the other day. I don't want to know why. Have you ever -Neither do I. Have you ever seen it parked in the area of the Ivanhoe? No. Does the police department do tavern compliance checks at Envi? Yes. Since it opened in 2011? Yes. How often? Again, I would assume one to two times a year. Do you know whether the police department has ever showed up at -- at closing time at Envi other than for a tavern compliance check? Have they shown up? I don't know. Have you ever seen police vehicles parked outside of Envi at closing time? Yes. The times you saw the vehicles outside Envi at Page 65
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closing time were there large crowds in the vicinity of Envi or in Envi? MR. COHEN: Objection, form. BY MR. SANDERS: Were there large crowds inside of Envi? Yes. Were there large crowds outside of Envi when you saw the police cars parked there? No. Mr. Nicholson, do you have a lot, many African-Americans that patronize Ivanhoe? MR. COHEN: Objection to form. MR. DEVINE: What do you mean by "a lot"? Do you want to define the term? BY MR. SANDERS: Mr. Nicholson, do you have African-Americans that patronize Ivanhoe? Yes. On a daily basis how many African-Americans do you believe patronize Ivanhoe? I have no idea. More than five? All depends on the day. On the weekend do you see more African-Americans in Ivanhoe than you do during
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the week? At busier times I see more people. Would you characterize the majority of the patrons at Ivanhoe are white and not black? MR. DEVINE: Majority -- majority being more than 50 percent? More than -BY MR. SANDERS: That's what majority means? MR. DEVINE: I'm getting the definition, that's what you mean? MR. SANDERS: Uh-huh. MR. DEVINE: Okay. MR. COHEN: Objection to form. THE WITNESS: Yes. BY MR. SANDERS: Would you agree with me that over 75 percent of your patrons are white as opposed to African-American? MR. COHEN: Same objection. THE WITNESS: Again, that depends on the day. BY MR. SANDERS: What would you consider to be a large crowd of African-Americans at the Ivanhoe at any given time?
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Q Does the dance music include hip-hop music? A Yes. Q Does Envi advertise that it's going to have a DJ that -- has Envi ever advertised that it's going to have a DJ that plays hip-hop music? A No. Q Does Envi ever produce flyers that they put into the community regarding live events that are going to take place at Envi? MR. COHEN: Objection to form. THE WITNESS: Yes. BY MR. SANDERS: Q Do the flyers that you create for Envi, do they include the name of the band or DJ that's going to play at Envi? A Yes. Q Have you ever been told by the city that you have to get approval for any signage that you put up for Envi? A Signage? Q Uh-huh. Flyers, signs? A No. Q Have you ever been told by the city to put up signs in the Ivanhoe, Envi, Carriage House, or Hiram's, to put specific signs up?
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MR. COHEN: Objection, form, vague, compound. THE WITNESS: Yes. BY MR. SANDERS: What types of signs? There's a warning for the hazards of drinking alcohol for pregnant women. Uh-huh. MR. DEVINE: Is that a yes? MR. SANDERS: TouchĂŠ. Two for Mr. Nicholson, one for Mr. Sanders. Do you have -- are you required to put no underage drinking in the -- in any of the bars that you have a Class B license at? I don't know if -- if it's a requirement, but I believe we have them posted. Okay. Has the city required you to post at any of the places that you have Class B licenses "no loitering" signs inside or outside the bar? No. Has the city required you at any of the places that you own Class B licenses to police the outside of the bar after closing for trash or bottles? No.
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MR. COHEN: Objection to form. THE WITNESS: I don't think I've ever considered a large crowd of African-Americans before. BY MR. SANDERS: Are over 75 percent of the patrons at Envi white as opposed to African-American? MR. COHEN: Objection, asked and answered, form. MR. SANDERS: It hasn't been asked and answered. We've been talking about Ivanhoe. This is Envi. THE WITNESS: I'm sorry, can you repeat the question? BY MR. SANDERS: Are over 75 percent of your patrons at Envi white as opposed to Africa-American? MR. COHEN: Objection, form. THE WITNESS: Over 75, no. I don't think so. Again, it depends on the night. BY MR. SANDERS: Okay. Do you play hip-hop music at Envi? We have a DJ that plays -Does the DJ play hip-hop music? Dance music.
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Q Has the city ever placed a restriction on you on any of the bars that you have a Class B license on how many employees can be in the bar after closing time? A No. Q Okay. At any time that you've received a renewal license for any of your Class B license, for any of your Class B bars that you hold a Class B for has the city ever required you to perform additional, I guess, responsibilities in order to get the renewal license? MR. COHEN: Objection to form. THE WITNESS: The renewal, no. BY MR. SANDERS: Q At the time of obtaining a renewal license has the city ever asked you to upgrade any of your security equipment at any of your establishments with the Class B license? A Not that I'm aware of. Q Okay. Have you ever been told by the city how big your kitchen should be in any of your establishments that you have a Class B license? A The -Q Let me strike that. Let go back and ask a more
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fair question. All right. Other than normal restrictions that the city has for capacity limits and kitchen sizes has the city ever imposed on you additional restrictions regarding your -- your kitchens? No. At Carriage Place or Carriage House? No. At Ivanhoe? No. At Envi? No. And is there a kitchen at Hiram's? MR. DEVINE: Not that they run. THE WITNESS: Not that we run. BY MR. SANDERS: Okay. I figured that would be the case. Has the city ever required you to submit a menu as to any of the food items that you are going to serve at Ivanhoe, Carriage House, or Envi? Yes. And was that on your initial application? Yes. Have you ever had to, has the city ever asked
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you to submit a new menu if you change items on your menu at any of those locations? Yes, the health department. The health department requires you to submit a new menu? They've asked me for new menus at Envi. Have you ever been told or asked by the Public Safety Licensing Commission in the context of your liquor license -No. -- to submit new menus? No. Has the city ever -- has the Public Safety Licensing Committee ever attempted to restrict what food you serve at any of your establishments? No. Now, Mr. Nicholson, do you recall an incident that occurred on April 19, 2012 that involved a fight with multiple people inside of Envi? I don't. How often are you at Envi at night? Not very often. Do you have managers that run Envi at night? I do. Page 73
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Q Do they report back to you incidents that occur at the establishment if the police department shows up? A They're supposed to. They don't always do it. Q Who's your current manager at Envi? A Josh Hanson is the bar manager. The general manager is Brendan Thomas. Q How long has -- how long have those two individuals worked at Envi? A Josh has been there for coming up, I believe, four years. Brandon, but he's only been in the bar manager position for less than a year. Brandon is the GM. He's been in the GM position a year and a half, I believe. Q Who was the bar manager and the general manager in 2012 at Envi? A Patrick Todd. Q Both bar manager and general manager? A I'm not sure in 2012 or when they left, but Leanne Martinez and Patrick Todd were both head managers when we opened up. Q Okay. A At some point Leanne left and we had another bar manager. Q What about at Ivanhoe, we need to go back to
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the beginning of time. Let's start in 2008 who was your bar manager at Ivanhoe? I have no idea. Leanne Martinez, again, was involved off and on in management for quite some time. Patrick Todd probably since 2011, maybe 2010. Do you recall who was bar managing -- you don't recall who the main people were, the managers at Ivanhoe in 2008? I'm not sure of the years. We had Tyler Albright was the manager. Albright? Yeah, Tyler Albright, and also Bob Treffert. Do you know how to spell that last name? T-R-E-F-F-E-R-T. All right. Would you identify the same people as being involved in 2009? MR. DEVINE: I'm not sure he identified them as 2008. I think he's giving you names of potential people. BY MR. SANDERS: All right. What about in 2009? I don't know when people left. Bob was my first manager at Ivanhoe. Tyler came after Bob. Then Leanne and then Leanne and Patrick.
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Who's Tommy VanOost? Tommy VanOost. Oost? Yeah. He was a bartender -- he was a floor manager at Envi. Is Stacy Lou an employee at Envi? Yes. Jeremy McDowell? Yes. Brandon Guseman? Yes. Mike Springsteen? Yes. Brendan Dower? Yes. Austin Schwartz? Austin works at the Ivanhoe. Okay. I'm not sure if he has ever worked at Envi or not. What about Andrew Wensing? Yes. And at Ivanhoe you've mentioned Leanne Martinez? Yes.
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Patrick Todd? Yes. Is Nick Savasta an employee at Ivanhoe? Was. All right. What about Andrew Verhaeghe? Verhaeghe. Verhaeghe. Yes, he worked at both places. V-E-R-H-A-E-J -- G-H-E? I don't know. Okay. Amy Maceman? Yes. Do you know if Amy Maceman is related to an RPD officer, Racine police officer? I have no idea. Chris Thomas, Ivanhoe? Yes. Justin Whipple. Yes. All right. Do you recall a homicide that took place in front of the -- in front of Envi on March 29, 2014? I recall a homicide that took place down the block. You know that the parties involved in the Page 77
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homicide were in Envi earlier in the evening? A The victim was. Q Are you saying the suspect, the shooter, was not? A Correct. Q Do you recall there being a fight inside of Envi before the shooting took place outside? A No. Q Were you there that night, March 29, 2014? A I don't know where I was that night. Q You'd certainly recall if you were working at Envi when a homicide occurred. A No, I wasn't working at Envi. I don't recall where I was that night. I remember I got -- I don't remember if I got a phone call to come down. I believe I was at home and I got a phone call to come down. Q Do you know who was working that night at Envi, March 29, 2014? A Not off the top of my head, I don't recall. Q Who was the bar manager at the time? A I don't recall if it was Jason. I don't remember. Q You don't remember who the manager was the night somebody was shot outside your bar?
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A No, I don't. MR. COHEN: Objection, misstates his testimony. MR. DEVINE: Object to the form. BY MR. SANDERS: Q Mr. Nicholson, somebody was shot outside your bar, correct? A They were shot down the block. Q How do you know they were shot down the block? You weren't there, were you? A No. Q But did you arrive on the scene and see the person on the sidewalk? A No. We -- I arrived on the scene and saw where it took place, where the vigil was held. Q Okay. How far from Envi was that? A Half a block. Q A half a block from Envi? A Quarter block. Probably three or four storefronts. Q North or south of Envi's front door on Main? A North. Q Were you ever requested to come before the Public Safety Licensing Committee because of that incident on March 29, 2014?
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1 No. 2 Do you recall -- do you recall ever a proposal 3 to open another grocery store downtown in 2009 4 in downtown Racine? 5 No. 6 You ever heard of Lakeside Liquors? 7 No. 8 When you applied for -- when you applied for 9 the Class B license for Carriage House on State 10 Street did anybody from the Public Safety Licensing Committee comment to you or ask you 11 12 questions about Lakeside Liquors? 13 Not that I recall. 14 Did anybody ever raise a concern at the Public 15 Safety Licensing Committee about the 16 concentration of liquor licenses downtown? 17 Not that I recall. 18 Do you recall if anyone at the Public Safety Licensing Committee ever raised an issue of the 19 fragility of the neighborhood downtown when you 20 21 applied for your Class B license at Carriage 22 House? 23 Not that I recall. 24 Do you recall whether at the common council 25 stage if any of the aldermen raised the
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question or raised the concern about concentration of liquor licenses? I don't recall. Do you recall if any of the aldermen at the common council proceeding raised any issues about fragility of the neighborhood? I don't remember. Carriage House is approximately a half a block from the Ivanhoe? It's a half a block down, half a block over. Yeah, about that. Okay. It's about a half a block from Ricky's? Yeah. How far is it from Envi, about a block and a half? It should be two blocks and about a block from Ricky's, a block from the Ivanhoe. Do you know what other establishments in the 200 block of Main Street serve alcohol, if you know? Casablanca, Uncorked, Pink Magnolia. I'm not sure if the coffee shop on the corner has a license, but I believe they serve beer, and Pizza Chef. Pizza Chef right next to the Ivanhoe? Page 81
A Yes. Q And then on the 300 block of Main Street, besides Envi do you know any other locations that serve alcohol on the 300 block? A Evelyn's Club Main, Salute's. Q Evelyn's Club Main, is that one spot? A (Nodding.) Q Salute is the Italian restaurant? A Yes. Q Any other place on the 300 block? A No, not that I recall or know of. Q All right. And what's the next north/south street west of Main Street downtown? Is that Wisconsin? A Wisconsin. Q Do you know if there are any locations that serve alcohol on Wisconsin in the 2 or 300 blocks? MR. DEVINE: At what point in time? BY MR. SANDERS: Q At the -- at the time that the Carriage House applied for its liquor license. A On Wisconsin? No. Q Have you ever heard of Bar 525? A Yes.
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Q Do you know where that's located? A Yeah. That's on the 500 block of Wisconsin, I believe. Q The 500 block, all right. Mr. Nicholson, do you know John Dickert? A Yes. Q How do you know John Dickert? When did you meet John Dickert? A I met him when Gary Becker was running for mayor. Q Do you know what year? A I don't, no. Q Prior to 2008? A Yes. Q What context, where did you meet John Dickert in relation to Becker's campaign? A I'm sure at the Ivanhoe. Q Did you hold a fundraiser for Gary Becker? A I believe there was a fundraiser at the Ivanhoe. I've had a lot of fundraisers at the Ivanhoe and Envi. People, you know, rent the place all the time. Q How did you meet John Dickert? Did you introduce yourself? Was he introduced to you? A I have no idea.
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Q Do you know if John Dickert was involved in politics when you first met him during Becker's campaign? A Gary used to bring about 20 people that were involved in politics once a week or once every other week to the bar, to the Ivanhoe, so I met a lot of politicians and friends of Gary's. Q Was Dickert, John Dickert, one of the people Gary brought to the Ivanhoe? A I assume so. I can't say that for sure. Q Did you work on Gary Becker's campaign? A No. Q Did you volunteer for his campaign? A No. Q Did you contribute to Gary Becker's campaign? A I have no idea. Q You don't recall whether you gave money or donated money to his election campaign? A No, I don't recall. Q You've made donations to politicians in the past, correct? A Yes. Q Do you usually make them in cash or do you write checks? MR. DEVINE: It's going to depend on
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the circumstance. MR. COHEN: Objection. MR. DEVINE: Objection to the form of the question. BY MR. SANDERS: Have you made cash donations to politicians' campaigns in the City of Racine? Yes. Have you written checks to politicians' campaigns in the City of Racine? I don't know. Do you know if your wife has made cash contributions to politicians in the City of Racine? I don't know. You don't know if your wife's made cash contributions? Is that your answer? Yes. Do you know if your wife's written checks to politicians -I don't know. -- in the City of Racine? Do you and your wife discuss politics? Yes. Do you discuss with your wife Racine politics? Page 85
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A Yes. Q Did you support Gary Becker for mayor when he ran for mayor? A Yes. Q How did you support Gary Becker? Did you support Gary Becker for mayor in any way other than your vote? A Yes. Q How? A I guess I'm a little -- support, I wanted him to get elected. Q Did you put up a yard sign? A Not at the bar. I don't know if I put up a yard sign on my house or not. Q Envi wasn't open at the time Becker was running for mayor, was he? A No. Q Just the Ivanhoe? A Correct. Q Did you put a jar up at the bar for donations for Gary Becker? MR. DEVINE: If you remember. THE WITNESS: I don't recall. BY MR. SANDERS: Q Have you ever put a jar at your bar for
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1 donations for any politician in Racine? 1 for Jeff Coe? 2 A The defendant, exercising his right under the 2 A I have no idea. 3 Fifth Amendment to the Constitution of the 3 Q More than one? 4 United States, respectfully declines to answer 4 A I don't know. And again, I believe probably 5 the question on the grounds that his answers 5 more than one, but holding a fundraiser, I 6 might tend to incriminate him. 6 guess I'd just like clarification on the 7 MR. SANDERS: And then we agreed that 7 difference between holding a fundraiser and 8 beyond this -8 having someone rent your establishment for a 9 MR. DEVINE: We'll just cite the 9 fundraiser. 10 Fifth Amendment. 10 Q What do you believe the difference to be? When 11 MR. SANDERS: Take the Fifth 11 you hold a fundraiser for somebody what does 12 Amendment? All right. Do you want to take a 12 that mean to you? 13 quick break right now, because this is going to 13 A That I am in support of them, but we've had all 14 be probably a shotgun after this. 14 kinds of fundraisers at Ivanhoe for people. 15 MR. DEVINE: All right. 15 Q That you've hosted? 16 (Short break was taken.) 16 A That I don't even know. 17 BY MR. SANDERS: 17 Q Okay. Those would be, would you consider those 18 Q Mr. Nicholson, you were originally talking 18 fundraisers to be they're renting your 19 about Gary Becker and any support that you gave 19 establishment? 20 Becker besides your vote. I may have asked you 20 A Yes. 21 this before, but did you make any campaign 21 Q Okay. Have you held or hosted fundraisers for 22 contributions to Gary Becker when he was 22 people at Ivanhoe? 23 running for mayor? 23 A Yes. 24 MR. COHEN: Objection, asked and 24 Q Who have you hosted fundraisers for at Ivanhoe? 25 answered. 25 A I'm sure Jeff Coe. Page 87
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THE WITNESS: I don't remember. BY MR. SANDERS: Do you know if your wife made any campaign contributions to Gary Becker? I don't. Prior to 2009 did you participate in any campaigns for alderman? MR. COHEN: Objection to the form. What do you mean by participate? Vote? BY MR. SANDERS: I wouldn't consider that to be -- other than voting did you participate in any campaigns for alderman? I'm sure I went to fundraisers, and again, I've had a lot of fundraisers at the Ivanhoe that I've been in attendance. Okay. Did you ever hold -- did you hold fundraisers for Jeff Coe -I believe I did. -- throughout his political career in Racine? MR. COHEN: Objection to form. THE WITNESS: I don't know how long his political career has been. BY MR. SANDERS: How many fundraisers did you hold at Ivanhoe
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Q John Dickert? A John Dickert had a fundraiser there, Joey LeGath when he was running for alderman, Krystyna Sarrazin. I'm not sure if that was at Ivanhoe or Envi. Q What about David Mach? A I don't remember. Q Greg Helding? A Don't -- I don't think so. Q James Kaplan? A No. Q Robert Mozol? A Not that I recall. Q Aron Wisneski? A Not that I recall. Q Did you ever hold a fundraiser for Monte Osterman? A Not that I recall. Q Do you know Monte Osterman? A I do. Q How long have you known Monte Osterman? A Ten plus years. Q How did you meet Monte Osterman? A At the Ivanhoe. Q Was he a patron?
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A Yes. Q Was he holding political office when you met him? A I don't know. I don't believe so. Q Do you know how he's employed? A He owns Osterman Granite and Marble and Copacetic. Q Is he married? A He is. Q To Mary Jerger Osterman? A Yes. Q Does she also run Copacetic? A Yes. Q How long have you known Mary Jerger Osterman? A I'm not sure. MR. DEVINE: Want to catch your breath here and -BY MR. SANDERS: Q Just let's finish this question. MR. DEVINE: Sure. BY MR. SANDERS: Q Mary Jerger? A I don't know. It's been ten plus years. Q Okay. A I catered their wedding.
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Q Did you make a campaign contribution in cash or check? A I don't remember. Q Do you know if your wife made a campaign contribution to Monte Osterman in cash or check? A I don't know. Q Did you hold fundraisers for Monte Osterman, hosting or sponsoring fundraisers? A I may have. To be honest I don't remember. Q Did you ever host or sponsor a fundraiser at your residence? A Yes. Q For whom? A For John Dickert. Q Do you recall when that was? A No. Q Was it in the 2009 campaign? A I don't recall. Q Your answer was that you likely did hold a fundraiser for Monte Osterman or you don't recall? A I don't recall. Q Do you recall when he ran for county supervisor?
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A No, no. I think it was four, around three or four years ago or something like that. Q Did Monte Osterman ever provide granite or marble work for any of your establishments? A Yes. Q Which ones? A He did some granite work on the front stair at the Ivanhoe Pub and he provided a bar top at Envi. Q Did he do any work at Carriage House? A No. Q Did he do any work at -- Strike that. You didn't run the facility that Hiram's Place was in; is that correct? A No, no. Q When did he do the granite work at Ivanhoe? A 2003. Q And what about -A 2002. Q Sorry. A 2002 or 2003. Q Okay. A Something like that. Q And what about the bar top at Envi? A Somewhere around 2010.
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Q Okay. MR. DEVINE: All right. MR. SANDERS: Yup. (Short break was taken.) BY MR. SANDERS: Q So Mr. Nicholson, before we broke I was asking you questions about Monte and Mary Osterman and I believe the last thing you said you had catered their wedding? A Uh-huh. MR. DEVINE: Yes? THE WITNESS: Yes. BY MR. SANDERS: Q That's three. It's not a competition. Now, did you -- did you know that -- at the time you met Mr. Monte Osterman was he county supervisor? A No. Q And you know at one point he ran to be the county supervisor in Racine County? A Yes. Q And besides your vote did you support Monte Osterman in his campaign to become a county supervisor? A Yes.
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Q When did Envi open? A 2011, I believe. Q Was he a county supervisor when he did the work for you at Envi? A I have no idea. Q Have you ever been involved in an actual campaign as a volunteer worker for a campaign? A Yes. Q For whom? A John Dickert I did. Q Do you recall what year? A No. This is the first campaign, I believe, for mayor. Q Special election in 2009? A Yes. Q Did he discuss with you prior to declaring his candidacy his desire to run for mayor? A There may have been a conversation that we had. Q Was he seeking advice from you? A No. Q Did you tell him you would support him? A Yes. Q Do you remember how many -- how many candidates there were in the special election in 2009? A I don't.
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Was there more than one? I don't remember. There was at least one candidate, correct? Correct. There's -- there's at least one. I don't know if there were more, and if they had a primary I don't -You don't recall if there was a primary? No, I don't remember. When you participated in John Dickert's campaign in the special election was there a name that they used for the campaign group? Weeds. What does Weeds stand for? Because whenever these guys would get together they'd look to do an idea and they'd get stuck in the weeds. How often did the Weeds committee meet? I don't remember. Did you attend meetings? I attended some. When did you first attend a Weeds meeting for John Dickert? Prior to the election. I don't know the day or month or... Did he approach you, did John Dickert approach
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you about running in December of 2008? I don't know when he approached me for running. Do you recall or did you meet with him and the people in the Weeds campaign in his basement in early 2009? I could have. Did you ever meet with the Weeds committee in his basement of his residence? Yes. Do you recall if the basement, the meeting in the basement, the residence, was the first time you guys met? I don't recall. Who was on the Weeds committee? Let's see, Monte was there, Mick Wynhoff, politician in Kenosha. Boyd Frederick? Boyd Frederick. There was a banker. Don Trottier? Don Trottier. Was Mary Jerger Osterman at the first Weeds meeting you went to? I have no idea. What about Zach Williams? I don't know if he was there or not. Page 97
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Q Was Zach Williams part of the Weeds committee? A I'm not sure it was a committee. It was a group of guys that got together. I didn't know we had an official title, but I don't know what would make up that consideration to be a member of that committee. He was present, I believe, for most of the meetings that I was at, but he worked on the campaign. Q In what capacity? A I don't know if he ran the campaign or I don't know the capacity. Q Do you know whether John Dickert paid him or the campaign paid him for his services? A I do not know. Q Were you paid for your services? A No. Q What was your -- what would you -- did you have any particular duties or responsibilities in the campaign? A No. I did doors one night, and other than that it was they'd get together for brainstorming. Q Prior to your involvement in the Dickert campaign did you know Mick Wynhoff? A Yes. Q How do you know Mick Wynhoff?
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From coming into the Ivanhoe. Is he a friend of yours? Yeah, I'd say he was a friend. Was he a friend back in 2009 during the Dickert campaign? Yes. Do you know if he was friends of John Dickert? Yes. When did you first meet Don Trottier? I think at one of those meetings. You hadn't met him before the meeting? I may have, because he worked at M&I, so I might have met him at the Ivanhoe, part of bank related stuff, but I don't recall. Would you consider him to be your friend? Yeah. Don's a good guy. At that time or since then? Since then. Had you met Zach Williams prior to the campaign meetings? No. What about Boyd Frederick? Yes. How did you know Boyd Frederick? From the Ivanhoe, I believe through Gary
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Q At the first meeting that you attended for Dickert's campaign did he discuss his strategy for the city, what he was going to tell the community? A I'm sure he did, yes. Q Do you remember him saying that he wanted to clean up downtown? A No. Q Do you remember him saying that he wanted to get undesirable people out of downtown? A No. Q Do you remember him saying that he was going to focus on 6th Street, the businesses on 6th Street? A No. Q Did John Dickert and the committee, and the people at these meetings, did you discuss the African-Americans coming downtown Racine? A No. Q What about Latinos coming downtown Racine? A No. Q Was there any discussion about what was called by John Dickert as problem businesses? A No. MR. COHEN: Objection, assumes facts
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Becker. Do you know a person by the name of Greg Bach? Yes. How do you know Greg Bach? I met him through John's campaign. Did he have a particular role in the campaign? I don't know. Do you know if he was the campaign manager? He might have been the campaign manager. I don't know. I don't know where him and Zach all fit in. Zach more of the fundraiser guy? I have no idea. Okay. What did Mick Wynhoff do for the campaign? Again, I don't know. I was involved in some meetings where people sat around and brainstormed. Did you ever meet anywhere other than John Dickert's basement? Yes. Where? I think we met at my house one time and I remember a meeting at Mick's business, Pacific Sands.
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not in evidence. BY MR. SANDERS: During the meetings that you attended in John Dickert's basement did you or the other people in attendance talk about what businesses would be a good fit for downtown Racine? I don't recall. Did Dickert describe what his main points he was going to emphasize in the campaign? Yes. Do you recall what they were? Not exactly. I remember it being a ten year plan and I remember it -- jobs, home ownership, reducing crime, those types of broad stroke ideas. Did he talk about reducing crime downtown? Not that I know of. Did he talk about reducing crime in minority communities in Racine? Not that I know of. What were you bringing to the table at these meetings? How were you going to assist John Dickert? I think that's probably a better question for him. I think I was probably the business
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oriented person, so if any questions I could answer coming from a business ownership standpoint. Did you provide him with names of individuals downtown, of potential contributors to the campaign? MR. DEVINE: We're going to take the Fifth. BY MR. SANDERS: Did you tell John Dickert that you would solicit individuals from the tavern league and other bar owners to contribute to his campaign? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Did you inform John Dickert that Joey LeGath would assist in obtaining money from members of the tavern league for the campaign? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Do you know who Joey LeGath is? Yes. Who is Joey LeGath? Joey LeGath is a business owner in town. What kind of businesses does he own? He owns bars, taverns.
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Q Do you know the names of the other bars? A There is Joey's on 6, Joey's on Lathrop, Joey's on Taylor, and there was Joey's on Douglas. Q Is the one on Douglas still open? A It's open as a bar, but I believe he owns the building and rents it out, leases it to another operator, and it does not have the same name. Q Do you know the name of what it is now? A I don't. Q Do you recall telling John Dickert that you were going to also contact JJ McAuliffe to obtain money from members of the tavern league? MR. DEVINE: Plead the Fifth. BY MR. SANDERS: Q Do you know who JJ McAuliffe is? A I do. Q Who is JJ McAuliffe? A JJ owns two bars in town. Q Do you know what the name of the bars are? A McAuliffe's. Q Both of them? A Yes. Q Do you know where they're located? A One is on Meachem Road on the south side of Racine and the other one is on 6th Street in
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Q How many, if you know? A He has three currently. At one time he had four. He also owns property. Q Like rental property or buildings? A Buildings. Q Buildings? Downtown? A Yes. Q Do you know where downtown? A Like I know he owns the building on the other side of the Pizza Chef, 200 block of Main Street, so building away from the Ivanhoe. I know he owns on 6th Street the building that Joey's on 6th is in. Q When you say the 200 block on Main you said the same side of the street as Ivanhoe -A Yes. Q -- Pizza Chef? So that's the east side? A East side of the street. Q Any other buildings in the downtown area like on Main Street, 6th Street, 7th Street? A Not that I know of. Q Do you know how many bars he -- he was operating in 2009? A I don't.
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downtown Racine. Is that McAuliffe's on the Square? Yes. Do you know if he owns any buildings downtown? No idea. Is JJ McAuliffe a member of the tavern league? Yes. Is he a board member or an officer of the tavern league? I don't know. Was he a member of the tavern league in 2009? I believe so. Was Joey LeGath a member of the tavern league in 2009? Yes. Do you know if he's a board member or an officer in the tavern league? I don't know. Other than bar owners did you suggest to Mayor Dickert or to John Dickert any other individuals to obtain contributions from? MR. DEVINE: Objection. MR. COHEN: Objection, assumes facts not in evidence. MR. DEVINE: And we'll take the Fifth
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Q Did you brainstorm regarding any groups of individuals going down and being in downtown Racine such as African-Americans or Latinos? A No. Q Other than the fundraiser that you held at your residence for John Dickert did you hold any other fundraisers or host any other fundraisers for John Dickert? A I'm sorry, other than the one where? Q At your residence. A Yeah, I believe there was one at the Ivanhoe. Q That you hosted? A Again, I'm a little fuzzy on the hosting. I mean, I support John Dickert. He had a place, a fundraiser at my place. I mean, I don't know if my name was on the card or not, you know, I hold a lot of fundraisers and I support Gene Gasiorkiewicz, I had a fundraiser for him. I don't know if I was a host to it. Q Regarding the fundraiser at your residence for John Dickert, who provided the food for the fundraiser? A I think I did. Q Was there alcohol? A Yes.
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on contributions. 1 BY MR. SANDERS: 2 Did you provide mayor -- or did you provide 3 John Dickert with a list of businesses to 4 solicit for campaign donations? 5 MR. DEVINE: Again, take the Fifth. 6 BY MR. SANDERS: 7 Did John Dickert, yourself, and Zach Williams 8 discuss a fund-raising strategy for the 9 campaign? 10 Not that I recall. 11 Did you volunteer any services whatsoever to 12 Dickert for the campaign? 13 MR. DEVINE: I think he testified he 14 went out and did doors once. 15 MR. COHEN: Objection, asked and 16 answered. 17 BY MR. SANDERS: 18 Besides doing doors did you provide any other 19 services for the Dickert campaign? 20 If they asked me questions I'd answer honest 21 and brainstorming. 22 Okay. Did you brainstorm regarding any problem 23 businesses in downtown Racine? 24 No. 25
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Who provided the alcohol? I think Jeff McCain picked up the beer. Were there other drinks there, beverages? I don't remember. Did you submit a bill to the Dickert campaign for the fundraiser that was at your home? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Was the fundraiser that was at your home, were the expenses from that treated as a contribution, an in-kind contribution? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Were you ever paid for the money that you spent for the fundraiser at your home? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Regarding the fundraiser that you hosted at the Ivanhoe, did you provide food for that fundraiser? Yes. Did you provide alcohol for that fundraiser? Page 109
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No. Who provided the alcohol for the fundraiser? Like who paid for it? Did anybody pay for alcohol at the fundraiser? I believe it was a cash bar. All right. At the fundraiser that you had at Ivanhoe was there a jar for donations or contributions to John Dickert? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Q Did you submit a bill to the Dickert campaign for the food provided at the fundraiser during his 2009 campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Q Did you -- was the -- the monetary amount for the food that was spent at the fundraiser, was it treated as a in-kind contribution on, to the mayor -- to mayor -- to John Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS:
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Q Mr. Nicholson, you mentioned in one of your previous answers another individual that you hosted a fundraiser for? Who was that person? A Gene Gasiorkiewicz. Q Gene Gasiorkiewicz? Is that a politician in Racine? A It's a judge. Q A judge? Where did you hold the fundraiser for him? A At the Ivanhoe. Q Did you provide food for that fundraiser? A Yes. Q Was it a cash bar? A I believe so. Q Did you submit a bill to Gasiorkiewicz's campaign for the food that was provided? A I believe so. Q Did you receive money back from the campaign or was it treated as an in-kind contribution to his campaign? A I believe I received money back from it, but I don't know if it was -- I don't know, yeah. Q So you actually got a check back? A I think so. Q All right. You -- I think you testified before Page 111
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that you held a fundraiser for Jeff Coe? Yes. Did you host that fundraiser? Yes. Was that at the Ivanhoe? Yes. Did you provide food for that fundraiser? Yes. Did you submit a bill to his campaign for the fundraiser? I believe so. Were you paid back for the money that was raised, for the food that was at the fundraiser? I believe so. So it wasn't treated as an in-kind contribution? I have no idea. Do you know what an in-kind contribution is? Yes. It's where you provide goods or service to somebody that has value. For a campaign? Is that what -- well, it's for nonprofits too, right? Can't -- you can't ask me a question.
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MR. COHEN: Objection to the form. BY MR. SANDERS: In the context of a political campaign what do you believe an in-kind contribution to be? I guess it would be providing food or some other hard good. Do you know that there's a limitation on the amount of money or services that you can provide a campaign in the given election cycle? I do now. Did you know in 2009? No. The fundraiser that you held for Monte Osterman, did you provide food for Monte Osterman's fundraiser? I don't remember if we held the fundraiser for Monte Osterman. You don't recall if you hosted a fundraiser for Monte Osterman? I don't. Okay. When you -- when you did the fundraiser for Dickert in 2009 did you have a jar for collections at the bar? MR. DEVINE: Object to that as asked and answered. We've already taken the Fifth on Page 113
1 it. 2 MR. SANDERS: I believe I asked it 3 about Jeff Coe. 4 MR. DEVINE: No, you asked it about 5 Dickert ten minutes ago. 6 BY MR. SANDERS: 7 Q All right. At the fundraiser for Dickert that 8 you held at the Ivanhoe was there a table that 9 was put out by the campaign? 10 MR. DEVINE: Again, we're going to 11 take the Fifth. It's not his fundraiser, but 12 with respect to what's going on there and -13 MR. SANDERS: Right, but I've got to 14 ask. 15 MR. DEVINE: And that's fine. 16 BY MR. SANDERS: 17 Q You took the Fifth on whether there was a 18 table. Do you know if anybody was manning a 19 table from the campaign at the Ivanhoe during 20 the fundraiser you held for Dickert? 21 MR. DEVINE: If you know. 22 THE WITNESS: I mean, I believe there 23 was somebody at the front greeting people. 24 BY MR. SANDERS: 25 Q Do you recall who it was?
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A No. Q Do you recall who from the campaign that was involved in the campaign meetings, was that the fundraiser that you hosted at the Ivanhoe? A No, I don't remember who all was there. There was a lot of people there. Q Was John Dickert there? A Yes. Q Do you know if Zach Williams was there? A I believe so. Q Monte Osterman? A I don't know. Q What about Mick Wynhoff? A I don't know. Q Don Trottier? A I don't know. I would assume they were there, but I don't remember seeing them and it doesn't come to my mind. Q Mary Osterman? A Again, I would assume she was there, but I don't recall. Q All right. Did -- at the fundraiser that you held at the Ivanhoe for John Dickert did anyone give you contributions to give to the campaign? MR. DEVINE: We'll take the Fifth on
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that. BY MR. SANDERS: Did anyone give you cash at that fundraiser for John Dickert to provide to the campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did anyone provide you checks to, for contributions for the campaign at the Ivanhoe fundraiser? MR. DEVINE: And we'll take the Fifth on that. BY MR. SANDERS: Did anyone hand you an envelope, like a campaign envelope at the fundraiser for the Dickert campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did you -- did you solicit people to come to the fundraiser that you held at the Ivanhoe for John Dickert? MR. DEVINE: What do you mean by solicit? BY MR. SANDERS:
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Q Invite people to the fundraiser. MR. DEVINE: Okay. THE WITNESS: Yes. BY MR. SANDERS: Q Where did you -- who did you invite to the fundraiser? A I don't recall off the top of my head who I invited to the fundraiser, but probably like my friends. Q Do your friends include downtown business owners? A I have friends that are downtown business owners. Q Do you -A But the friends I was referring to were more my rotary friends. Q Okay. Did you invite downtown business owners to the fundraiser? A I don't -- I don't know if I did or not. Q Did you invite tavern league members to the fundraiser for John Dickert? A I don't remember, but I might have. Q Now, was this fundraiser held, I believe you previously testified you believed there was a primary? Did you know there was a primary that Page 117
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year? A No, I said I didn't -- I wasn't sure if there was a primary or not. Q Okay. A I can't remember. Q Do you know when in that election cycle, that special election, when you held the fundraiser? A No. Q Was it prior to the election? A Well, yes. Q All right. Did you hold a party for John Dickert after the election? A I don't remember. I want to say the party was at Salute's for the, after the election night, but it might have been at my place. I don't recall. MR. SANDERS: Want to break? MR. COHEN: Sure. MR. DEVINE: Sure. (Lunch break was taken.) BY MR. SANDERS: Q Mr. Nicholson, before we broke we were talking about fundraisers that you hosted or that you went to regarding the 2009 campaign, and you, I think you said that the postelection party was
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at Salute's? Is that on Main Street? 1 Salute's is on Main. I don't remember where 2 the postelection party was. I believe it was 3 there, but I can't be certain. 4 Did you attend the postelection party? 5 I don't remember. 6 Okay. Now, in 2009, in the 2009 campaign for 7 Dickert for Mayor did you contribute any cash 8 to his campaign? 9 MR. DEVINE: Take the Fifth on that. 10 BY MR. SANDERS: 11 Did you contribute any money by way of check to 12 his campaign? 13 MR. DEVINE: Take the Fifth on that. 14 BY MR. SANDERS: 15 Did you contribute any services as an in-kind 16 contribution to his campaign? 17 MR. DEVINE: Take the Fifth on that. 18 BY MR. SANDERS: 19 Mr. Nicholson, are you aware of whether your 20 wife contributed any cash to John Dickert's 21 campaign? 22 MR. DEVINE: Take the Fifth on that. 23 BY MR. SANDERS: 24 Are you aware if your wife contributed any 25 Page 119
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money to the campaign by check? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Are you aware if your wife contributed any, or provided any in-kind services that were counted as a contribution to the campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: And I think your previous testimony had been that -- that you recall at least two fundraisers that you hosted for his campaign, one at your residence and one at the Ivanhoe. Did you -- did you provide any catering services for the campaign at other fundraisers located at other locations other than your establishments in the 2009 campaign? I don't remember if I did or not. Okay. Did you hold any fundraisers -- Strike that. Were there any fundraisers for John Dickert at the Masonic Hall in which Hiram's provided the alcohol? I don't believe so. Did you attend any fundraisers for John Dickert
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other than the ones that were -- you hosted at your home and at the Ivanhoe? I remember going to one at Linda Johnson's house, but I don't know if that was the 2009 campaign or not. Okay. When you went to that fundraiser at Linda Johnson's house did you contribute to the campaign? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: You indicated that the first time that you met Zach Williams was at a campaign meeting in John Dickert's basement. Is that correct? Either that or the meeting at my house or maybe the Ivanhoe. I don't remember the first time I met him. Okay. So there was campaign meetings at your residence? Yeah. I stated that before, that there was one meeting -Do you recall --- early on there. Do you recall who was in attendance, in attendance at your -- at the meeting at your house in 2009? Page 121
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A I remember it was John, Zach, Don Trottier. I don't know if there was anybody else. That's what I recall. Q So at least you and those three other, John, Zach, and Don Trottier? A Uh-huh. MR. COHEN: That's a yes? THE WITNESS: Yes. BY MR. SANDERS: Q That's four. Do you recall if Monte Osterman was there? A I don't recall. Q Mary Jerger Osterman? A I don't recall. Q Mick Wynhoff? A I don't recall. Q Do you recall what was discussed at the meeting at your house for the campaign? A Not specifically, just, again, brainstorming session. Q At this particular meeting was there any conversation about unwanted businesses in downtown Racine? A No. Q At this particular meeting was there any
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conversation about unwanted individuals such as African-Americans or Latinos in downtown Racine? No. At this particular meeting was there any conversation about 6th Street businesses in downtown Racine? No. At this particular meeting at your home did you talk about fundraiser activities? I don't recall, but we most -- we could have. I'm sure we probably did. Did Joey LeGath attend any of the campaign meetings -No. -- for Dickert in 2009? Not that I know of. Did anyone else from the tavern league, aside from yourself, attend any of the campaign meetings that you were at? Not that I was at. Are you aware of anyone else, anyone from the tavern league attending campaign meetings that you weren't at? I am not.
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1 Shortly before the primary in 2009 did Zach 2 Williams come to your bar at the Ivanhoe? 3 MR. DEVINE: Can you give me a bit 4 more specificity on that? Is this for purposes 5 of collecting money? 6 MR. SANDERS: Yeah, ultimately. 7 MR. DEVINE: Yeah. Then we'll take 8 the Fifth on that. 9 BY MR. SANDERS: 10 All right. Did Zach Williams ever come to the 11 Ivanhoe where you met him in your office? 12 MR. DEVINE: We'll take the Fifth on 13 that. 14 BY MR. SANDERS: Did Zach Williams ever meet you in your office 15 16 prior to the primary? 17 MR. SANDERS: Right, I'm just 18 clarifying the question. 19 MR. DEVINE: Clarifying, okay. We'll 20 take Fifth on that. 21 BY MR. SANDERS: Did you ever provide Zach Williams with $1,000 22 23 in cash in your office at the Ivanhoe? 24 MR. DEVINE: We'll take the Fifth on 25 that.
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BY MR. SANDERS: Did John Dickert ever tell you to put a jar on your bar at Ivanhoe to collect money for the campaign? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Did John Dickert ever tell you that the cash that you would provide to Zach Williams would be reported as anonymous contributions in the campaign? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Did John Dickert ever tell you that the cash that you provided to the campaign would be broken up and reported in the campaign finance reports under your name and your wife's name? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Did John Dickert or Zach Williams -- back up. For that last series of questions did Zach Williams ever tell you how the money that you provided him would be reported in the campaign finance reports? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Page 125
Q Did you ever review any campaign finance reports that were provided by the Dickert campaign in -- in 2009? A I've never reviewed any finance campaign reports. Q Okay. Did Mary Jerger Osterman ever discuss with you the contributions that you made to the Dickert campaign in 2009? A Not that I recall. Q Did Zach Williams ever discuss with you the contributions that you made to the Dickert campaign in 2009? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Q Did John Dickert ever discuss with you the campaign contributions that you made to his campaign in 2009? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Q Did anyone from the committee that you've mentioned in your testimony here today talk to you about the contributions that you made to the Dickert campaign in 2009? MR. DEVINE: Take the Fifth. BY MR. SANDERS:
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Q Did Zach Williams come to your office at the Ivanhoe shortly before election day in 2009 and meet with you in your office to collect another thousand dollars in cash? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Q Did John Dickert, Zach Williams, or anyone else in the campaign that you've previously mentioned discuss with you the money that you contributed to the campaign shortly before the election in 2009? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Q Did you provide the money or make the contributions to John Dickert, the campaign contributions to John Dickert in order to protect your business interests in downtown Racine? A Absolutely not. Q Was it your expectation by providing the contributions to Dickert's campaign in 2009 that other city officials or that the alderman in the city would not bring your bar before the Public Safety Licensing Committee? A No.
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Q It was your expectation, was it not, that by making the contributions to Dickert in 2009 if he became mayor that you would receive favorable consideration before the Public Safety Licensing Committee? A I did not expect that. Can you rephrase the question? MR. SANDERS: Will you read it back? (The following portion of the record was read: "QUESTION: It was your expectation, was it not, that by making the contributions to Dickert in 2009 if he became mayor that you would receive favorable consideration before the Public Safety Licensing Committee?") MR. DEVINE: You threw in "was it not." If you make it the affirmative statement he ought to be able to answer it. BY MR. SANDERS: Q Did you -- did you believe by making the contributions in 2009 to Dickert's campaign that if he became mayor you would receive favorable consideration or favorable responses from the Public Safety Licensing Committee? A No. Q Did you believe that by making contributions to
John Dickert in 2009 if he became mayor you would receive city contracts for other business interests that you had? No. Did you believe that by making contributions to Mayor Dickert in 2009 that if he became mayor he would help close minority bars in downtown Racine? No. Did you have a conversation -- did you tell John Dickert in -- during the campaign in 2009 that you and Joey LeGath would gather money from other tavern league members in the City of Racine to donate to his campaign? No. Did you ever go to other tavern league members in the City of Racine and collect money from them to donate to John Dickert's campaign? No. Did you ever contact other tavern league members in the City of Racine or Racine Tavern League members, contact them to encourage them to donate to John Dickert's campaign? I don't recall. Were you aware in 2009 that -- that there was a Page 129
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dollar limit on how much cash could be contributed to a campaign? No. Were you aware in 2009 of the reporting requirements requiring your name, address, occupation, and employer's address for donations over $100? No. Was it your intention when you made contributions to John Dickert's campaign that your name and identity stay out of any campaign finance reports? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Was it your intention that any donations that your wife, Sara Nicholson, made, that her name stay out of any campaign finance reports? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Have you made political or campaign contributions to anyone other than John Dickert -Yes. -- in the City of Racine?
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A Yes. Q Who else have you made contributions to? A Krystyna Sarrazin. I don't recall off the top of my head, but I've been to a lot of fundraisers. Q Made contributions to Greg Helding? A I don't remember. Q Have you made contributions to Monte Osterman? A I don't remember. Q Did you make contributions to James Kaplan? A I don't think so. Q Did you make contributions to David Mach? A I don't think so. Q Did you make any campaign contributions to Aron Wisneski? A I don't think so. Q Did you make any campaign contributions to Robert Mozol? A No, I don't think so. Q When you made the campaign contributions to Sarrazin, is that what you said? A Yeah. Q Do you know her first name? A Krystyna. Q Krystyna? Did you make a cash contribution or
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Q Did you ever tell anyone at the Ivanhoe, your employees, that you had contributed to John Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Q Other than your lawyer, your wife, your doctor, or a priest have you ever told anybody that you've contributed to mayor -- or John Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Q Did you ever discuss with Joey LeGath the contributions that you made to John Dickert's campaign? MR. DEVINE: Take the Fifth on that. BY MR. SANDERS: Q Did you ever discuss with JJ McAuliffe the contributions that you made to Mayor Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Q Did you ever talk to anyone in the tavern
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did you pay with a check? A I don't recall. I think -- I think it was cash. Q Do you know whether your wife made a contribution to Krystyna Sarrazin? A I don't. Q Is that something that you and your wife would normally talk about, making contributions to political campaigns? A I don't think it came up in the day-to-day talks, no. Q Did your wife Sara participate in hosting the fundraisers for John Dickert that you hosted? A What do you mean by participate? Q Did she assist you as a cohost? A No. Q Was she a supporter of John Dickert? Was Sara a supporter of John Dickert? A I believe she was. Q Did you ever tell her that you had contributed to John Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. Besides, there's a privilege there beyond the Fifth. BY MR. SANDERS:
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league regarding your contributions that you made to Mayor Dickert's campaign? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: In 2009 from March, beginning of March 2009 until the election in May of 2009 who were the employees that worked at the Ivanhoe during the day? I have no idea. Are those records that you could obtain? Possibly. Is it safe to say that the managers that you discussed earlier in your testimony would be there during the day? MR. DEVINE: Objection to -BY MR. SANDERS: At Ivanhoe? MR. DEVINE: Objection to form. THE WITNESS: Some of the managers worked at night, some of them worked during the day. Quite possibly they'd be there, but not all day every day. BY MR. SANDERS: What time does the Ivanhoe open?
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A 11:00. Q So what's the day manager, what's the shift, when do they start work? A We don't have a day manager that has a shift. Managers come and go as they please. If they got something to do in the morning they don't come until the afternoon. They have a list of responsibilities and they work at their own pace. Q In the afternoon during the week in spring of 2009 what types of employees would be at the Ivanhoe? A Bartenders, servers, cooks. Q How often were you at the Ivanhoe during the week in the spring of 2009? A I'm usually there most every day, but in 2009 I had other projects going on, so it's not like I'm there all day every day. Q What other projects were going on in the spring of 2009? A Renovation of 316 Main Street. Q Did you own the building at the time? A Yes. Q And that's where Envi opened up? A Yes.
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A Not very often. Q Did you ever drop campaign donations off at the campaign office? A No, not that I recall. Q Did you ever provide campaign donations for Dickert's campaign to Greg Bach? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Q Did you ever provide campaign donations for Dickert's campaign or give campaign donations for Dickert's campaign to Mary Osterman? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Q Monte Osterman? MR. DEVINE: Fifth. BY MR. SANDERS: Q Mick Wynhoff? MR. DEVINE: Fifth. BY MR. SANDERS: Q Don Trottier? MR. DEVINE: Fifth. BY MR. SANDERS: Q How big's your office at the Ivanhoe? A About a quarter of the size of this room, if that.
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Q Mr. Nicholson, do you know what an anonymous donation is in the State of Wisconsin? MR. DEVINE: You mean -BY MR. SANDERS: Q Anonymous donation to a political campaign in the State of Wisconsin. A No. Q In the 2009 campaign was the -- was the Dickert's campaign, the kickoff fundraiser held at Ivanhoe? A I believe so. Q Do you know where the, in 2009 where Dickert's campaign office was located? A I believe it was -- it was on Main Street, I believe. Q Do you know what side of the street? A The east side. Q Do you know what block? A 3 or 400 block. Q Had you ever been to the campaign office? A Yes. Q What was the reason for going to the campaign office? A My friends were there. Q How often did you go to the campaign office?
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Give me rough dimensions. Seven feet by seven feet. Do you have a safe in the office? I do. Did you have a safe in the office in 2009? Yes. How big's the safe? It's about five or six feet high and about two and a half feet wide, two and a half feet deep. Do you keep cash in the safe? Yes. Do you keep cash from the bar from Ivanhoe's in the safe? Yes. Do you keep any personal amounts of cash in the safe? There might have been at some point some personal cash in the safe. In the spring of 2009 what banks were you using? Well, it's BMO Harris now, but it's -M&I? M&I. Is that where the Ivanhoe business account was? Yes.
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Did you have a personal account there? I believe so, yes. Did your wife have a separate personal account? No. I mean, she didn't, but I don't think she had one there. We have an account at Educators and then she also has had accounts at, I think she was at TCF or something. Do you have accounts at any other banks besides M&I, Educators, and TCF, you or your wife? A long time ago I had an account at Guaranty Bank, but I don't know when I -- when that went out. Do you keep money in your safe that has bank wraps on them? Yes. Do you keep hundred dollar bills in your safe? I keep any money that comes in for -- from the bar. Back in the spring of 2009 did you have hundred dollar bills in your safe from the bank? From the bank? MR. DEVINE: We're going to take the Fifth on that. BY MR. SANDERS: Did you put bank wrap, in the spring of 2009
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Q And you'd take those daily deposits to the bank? A At some point. I would also, I would write a check from ATM Financial and take the money and deposit it into ATMs. Q Okay. Did you -- did you have -- at the time in the spring of 2009 ATM Financial was your business? A Yes. Q It was operating? A Uh-huh. Q Did you have a bank account for ATM Financial? A Yes. Q Where was that at? A M&I. Q But a separate account from Ivanhoe? A Correct. Q And separate account from your personal account? A Yes. Q Did you have any other bank accounts at M&I besides the ATM, the personal, and the Ivanhoe? A I believe Nicholson Property Management, and I believe I have a savings, a personal savings account there, and I may or may not have
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did you put bank wraps on the money? MR. DEVINE: You're going to have to define what you mean by bank wraps. BY MR. SANDERS: Do you know what a bank wrap is, Mr. Nicholson? Yes. What's a bank wrap? Piece of paper that attaches to itself that you wrap denominations of money in. Okay. Where do you obtain a bank wrap from? I would get them from M&I. All right. And do they have any writing on the bank wraps? It'll say thousand dollars, $200, $100, $50. Okay. Did you have an assortment of bank wraps in your safe at Ivanhoe in 2009? Actually, I kept to the left of the safe, I believe, on a shelf. So did you have bank wraps that had thousand dollar denominations written on them in the spring of 2009 in the office at the Ivanhoe? Yes. What's the purpose of having the bank wraps in your office? To wrap daily deposits.
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started an account, I believe I started an account for 6200 West, Incorporated, which is the corporate name of the Ivanhoe Pub -- or I'm sorry, Envi and Hiram's Place, so there would have been an account for that. At M&I. Yes. And I believe you said before that you had an account at Educators with your wife? Yes. Not a business account. At the time, well, I don't know -- I don't recall when we opened the Educators account together for personal, and then at some point, I don't remember when it was, I did switch the Nicholson Property Management account over to Educators. Okay. In the spring of 2009 did you write any checks from any of the business accounts that we've -- that you've testified about for a contribution to Dickert's campaign? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: Who else had check writing authority on your accounts, your business accounts at M&I besides
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yourself? I guess I'm not sure when it was, but oh, there's a list of managers and people that have signing ability on ATM Financial. Are you aware if any of your employees at the Ivanhoe or any of the other businesses that you've listed you've discussed here today wrote checks for campaign contributions to Dickert's campaign in 2009? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did you meet with Zach Williams in your office at the Ivanhoe in the, shortly before the election in May 2009? MR. DEVINE: For what purpose? BY MR. SANDERS: To receive a campaign contribution? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did you take money from the safe prior to the election in May of 2009 and provide it as a contribution, cash contribution to Zach Williams for the Dickert campaign?
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Q Did you participate in the Weeds committee between the 2009 and the 2011 election? A I believe I went to two meetings. Q Do you recall who else was at those meetings between after the 2009 election but before the 2011 election? A Oh, I don't know if -- the meetings I'm talking about might have been before the 2011 election. Q Okay. A I remember, obviously, John and Beth Pramme and I don't know who else was there. Q Monte Osterman there? A He most likely could have been. I don't remember. It's a mix and sometimes certain people were there and other people weren't. Q In 2009 during the campaign prior to the election you had previously testified that Mary Jerger Osterman went to campaign meetings, correct? A I don't know that I testified to that. Q Okay. Do you recall Mary Jerger Osterman at campaign meetings prior to the 2009 election? A Yes. Q What role did she serve in the campaign? A I believe she was treasurer or -- I think it
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was treasurer. Did you know that she was responsible for filing the campaign finance reports? No. Did you know the campaign finance reports needed to be filed before the election? No. Have you ever made a campaign contribution where you filled out a remitter envelope? I don't -MR. DEVINE: You mean an envelope with information on the outside? MR. SANDERS: Uh-huh. THE WITNESS: Yeah, I'm sure I have. BY MR. SANDERS: Did you ever do that for John Dickert? MR. DEVINE: Take the Fifth. BY MR. SANDERS: Have you done that for anyone else that you made a contribution to? I'm sure I have. Did you fill out an envelope for Krystyna Sarrazin? I -- I don't recall. I have no idea if I did or not.
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MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did you ever direct anyone from the tavern league to drop cash donations off at the campaign office of Mayor Dickert in the spring of 2009? No, not that I recall. After the election in 2009 did you continue to assist with Dickert's campaign? I don't believe so. Did you host any fundraisers between the 2009 election and the 2011 election? I have no idea. Did you make any campaign contributions between the 2009 election and the 2011 election? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS: Did you provide any in-kind services to the Dickert campaign between the 2009 election and the 2011 election? MR. DEVINE: We'll take the Fifth on that. BY MR. SANDERS:
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Q After the 2009 election was Mary Jerger Osterman still the treasurer for the Dickert campaign? A I don't know. Q Do you know if she was the treasurer for the 2011 Dickert campaign? A I don't know. I know someone else took over, but I don't know when that happened. Q Did you participate in the 2015 Dickert reelection campaign? A No. Q Prior to the 2011 campaign did you make any contributions to the Dickert campaign for 2015 election cycle? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: Q Did your wife Sara make any donations to the Dickert campaign after the 2011 campaign for the 2015 cycle? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: Q Did you provide any in-kind services for the Dickert campaign after the 2011 campaign but before the 2015 election? MR. DEVINE: We'll take the Fifth.
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BY MR. SANDERS: Did you provide any -- did you host any fundraisers between the 2011 election and the 2015 election for Dickert? MR. COHEN: Objection, asked and answered. MR. DEVINE: Go ahead, if you know. THE WITNESS: I have no idea. BY MR. SANDERS: Did you provide any catering services for the Dickert campaign between 2011 and 2015? I believe I did. Do you recall where you catered to, what the location was? I remember catering at a house on Main Street for a fundraiser. For the Dickert campaign? Yes, for the Dickert campaign. It was on, I would say, somewhere around the 1,200 block, 1,100 block, somewhere around there. Did you send a bill to the campaign for your catering services? I believe so. Did the campaign pay you back for your services?
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A I believe so, yeah. Q Did you ever act as a conduit, do you know what a conduit is in campaign parlance, campaign finance? A No. I know what conduit is like when it comes to electrical stuff, but... Q Did you ever collect money for other people on behalf of the campaign, the Dickert campaign in 2009? MR. COHEN: Objection to form. THE WITNESS: I don't believe so. BY MR. SANDERS: Q Did you ever collect money from other people to turn into the campaign between 2000 -- the election in 2009 and the election in 2011? A I'm not sure. I don't think so, but I don't know who collected at the fundraiser at my house. I think Jeff McCain might have. Q And that would have been in 2009. A Yes. Q So between the election in 2009 and the election in 2011 did you collect any money for Dickert's campaign -A No. Q -- on behalf of the campaign? Page 149
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A No. Q Between the election in 2011 and the election in 2015 did you collect any money for the Dickert campaign? A No. Q Mr. Nicholson, in -- in the spring of 2009, late winter, early spring of 2009 did your wife Sara work at Warren Eye Care Center on Main Street in Racine? A Yes. (Exhibit No. 286 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, you've been handed what's been marked as Exhibit 286, which is a Campaign Finance Report dated March 31 of 2009 and it's identified on the front page as a preprimary report for 2009 and purported to be signed by Mary Jerger at the bottom of the front page on March 30 of 2009. I'd like you to turn to the fourth page of that document. Are you on the fourth page? A Yes. Q Actually, I'll have you turn to the second page and at the top of the second page on the document you have before you should read,
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"Contributions including loans from individuals," correct? Correct. Okay. Now turn to the fourth page, please. And do you see your -- yours and your wife's typed name on the document towards the top of the page? I do. And is -- your residence is on College Avenue, correct? Correct. And on this Campaign Finance Report it purports to indicate that you and your wife made contributions to the Dickert campaign on March 4, March 11, and March 13 of 2009. MR. DEVINE: That's -- you're asking him if that's what the record shows? BY MR. SANDERS: Did you make those contribution on those dates? MR. DEVINE: We'll take the Fifth Amendment. BY MR. SANDERS: Now, if you turn to the corresponding page, the fifth page, do you see the term "Ivanhoe" and "Warren Eye Care Center" --
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A I do. Q -- the words? These match up with the previous page where your name has been written and over in the far second to last right-hand column it indicates dollar amounts of 100, $50, $50, $50, and $50 purportedly made by you and your wife on the dates I previously indicated. Did you make those dollar amount contributions on those dates? MR. DEVINE: We'll take the Fifth Amendment. (Exhibit No. 287 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, you've been handed Exhibit 287 which purports to be a Campaign Finance Report for John Dickert dated April 28, 2009, signed by Mary Jerger on April 27 of 2009. Would you please turn to the fourth page of that document. This report is in a somewhat different format but with the same information from the previous exhibit, but do you see your name listed under the date, you and your wife's name listed on the date of April 7 of 2009? A I do. MR. DEVINE: Hold on one second.
Okay. I'm sorry. I needed to find it. BY MR. SANDERS: Do you see that, Mr. Nicholson? I do. And it indicates at least on this report that on that date you contributed $50 and your wife contributed $50. Do you see that? MR. DEVINE: That's what the document says? BY MR. SANDERS: Yeah. Do you see that on the document? I do. Did you make those contributions, did you and your wife make those contributions on April 7, 2009? MR. DEVINE: We'll take the Fifth Amendment. BY MR. SANDERS: Mr. Nicholson, further on down on the same page there's another entry for you and your wife on April 9 -- or April 10 of 2009. It indicates that you and your wife both donated $50. Do you see that? Yes. Did you make those contributions, you or your Page 153
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wife make those contributions on that date? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: If you turn to the next page towards the top of the page the document indicates that -- that you and your wife made $50 donations each on April 13, 2009. Do you see that? I do see that. Did you make -- you and your wife make those donations to the Dickert campaign on that date? MR. DEVINE: We'll take the Fifth Amendment. BY MR. SANDERS: And if you flip to the next page you'll see at the bottom, towards the top but at the bottom on April 20, 2009 the document indicates that you and your wife made each a $50 donation to the Dickert campaign on April 20, 2009. Do you see that? I do. Did you or your wife -- did you and your wife make the $50 donations on April 20, 2009? MR. DEVINE: We'll take the Fifth Amendment. BY MR. SANDERS:
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Q I'm going to hand you what will eventually get marked 288. (Exhibit No. 288 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, Exhibit 288 is another Dickert Campaign Finance Report. This is dated May 1 of 2009, signed by Mary Jerger on April 30, 2009, and if you look at the top of the report on the first page it purports to be an amended report. Do you see that -A I do. Q -- checked yes? If you could please turn to the fourth page, and again, on this report on the fourth page there appears to be entries. There are entries under your name and your wife's name on April 7 of 2009 and April 10 of 2009, on each date both you and your wife making separate $50 donations to the campaign. Do you see that? A I see that. Q Did you make those donations and did your wife make those donations on that date to the campaign? MR. DEVINE: We'll take the Fifth Amendment.
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BY MR. SANDERS: Q And if you go to the next page at the top of the page, again, this document right near the top indicates that you and your wife made $50 donations on April 13 of 2009. Did you make the donations on that date? MR. DEVINE: We'll take the Fifth Amendment. BY MR. SANDERS: Q Did your wife make the donations on that date? MR. DEVINE: Same. BY MR. SANDERS: Q And then lastly, on the next page at the bottom, again, it indicates that you and your wife made $50 donations on April 20 of 2009. Did you and your wife make the $50 donations on that date? MR. DEVINE: Take the Fifth. (Exhibit No. 289 marked for identification.) BY MR. SANDERS: Q You've been handed Exhibit 289. This is a Campaign Finance Report for John Dickert dated July 20, 2009 and marked at the top under the name of the report as the "July 2009 Continuing." Do you see that?
A I do. Q Signed by Mary Jerger on July 20 of 2009. Please go to the next page, the second page of the document. Do you see about a third of the way down the page it indicates that you and your wife made separate $50 contributions to the campaign on April 23 of 2009? Did you make those contributions on that date? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: Q If you go to the next page, please, Mr. Nicholson, do you see that the report indicates that you and your -- you and your wife made separate $50 donations on April 27, 2009? Do you see that on the report? A I see that on the report. Q Did you make donations on that date? MR. DEVINE: We'll take the Fifth. BY MR. SANDERS: Q Did your wife make donations on that date? MR. DEVINE: Same. BY MR. SANDERS: Q If you go to the last page of the report, Mr. Nicholson, actually, go to the second to the last page, do you see at the top of the Page 157
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page it indicates, "John Dickert for mayor gross expenditures"? A Yes. Q And then if you could go to the next page at the very top of the page there's an entry for Ivanhoe on 5/16/2009, 231 Main Street, and it lists an -- it just says, "Event," and then in the far right-hand column is an amount, $520. Do you see that? A I do. Q Do you know what this expenditure was for? A Not off the top of my head. Q Did you hold an event on May 16, 2009 at the Ivanhoe for Mayor Dickert, for John Dickert? A I -- I don't know what the dates are of the events that he held. Q Do you recall if you ever received a check for -- for the $520 that's listed on this expense report? A I don't recall if I did. (Exhibit No. 290 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, I've handed you or you've been handed Exhibit 290. This is another Campaign Finance Report for John Dickert for mayor dated
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July 20 of 2010. It's -- the name of the report is titled "July 2010 Continuing," and it's signed by Mary Jerger on July 20 of 2010. Do you see that on the front page? I do. All right. And is it your understanding that as of July 20, 2010 John Dickert had actually been elected in the special election in 2009 to mayor? Yes. So at this time he's serving as the mayor of Racine? Yes. If you go to the fourth page, actually, we have to back up here a minute. If you go to the second page, at the top of the second page, Mr. Nicholson, do you see where it says, "John Dickert for mayor, contributions including loans from individuals"? I do. In the top row it appears to be a header row and in the far right hand -- left-hand column is the word "in-kind"? Do you see that? Yes. And in the second column is the word "conduit"
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kind of broken up because of the space? A Yes. Q And if you follow down that, those two columns you see where there's a series of Xs there at the bottom of the second page. Do you see that? A Yes. Q And on the bottom of the second page it appears that the Xs line up with the -- the column conduit, do they not? A Yes. Q All right. So now if you can go to the fourth page, you're on the fourth page? A I am. Q Do you see your name listed at the bottom? A I do. Q Doug Nicholson, College Avenue, Ivanhoe, lists the address of your, at least residence, as well as your business address, and it lists a dollar amount of $200. Do you see that? A I do. Q And do you see that in the far left-hand column there's an X in what would be the in-kind column? A I do.
Q Do you know what this in-kind contribution was for? MR. DEVINE: We'll take the Fifth Amendment. (Exhibit No. 291 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, you've been handed Exhibit 291. This is another Campaign Finance Report and on the face sheet it's dated July 20, 2010 -- July 23, 2010, signed by Mary Jerger, treasurer for the Dickert campaign, on July 23 of 2010. The name of the report is indicated as "July 2010 Continuing" and it appears to be, at least by the top of the page, an amended report. Do you see that? A I do. Q If you flip to the last page of the report the last page of the report indicates at the top of the page, "John Dickert for mayor gross expenditures." Do you see that? A Yes. Q And do you see the Ivanhoe listed in the fourth row down from the top under the header? A I do. Q It says, "March 11, 2010, Ivanhoe," and then in Page 161
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the purpose it says, "Fundraiser" -A Uh-huh. Q -- with a dollar amount of 344.73. Do you see that? A Yes. Q Did you hold a fundraiser for John Dickert's campaign on that date? A I have no idea. Q Do you know if you received a check for the 344.73 that's listed there? A I don't know. Q Did you ever -- did you ever receive payment from John Dickert's campaign for fundraisers that were held at your establishment, at the Ivanhoe? A I assume so. I assume I received checks for fundraisers for catering and other fundraisers and for catering at the Ivanhoe, but I don't know the dates or the amounts off the top of my head. Q Okay. I'm specifically talking about John Dickert's campaign. Did you ever have a conversation with John Dickert or anyone else from his campaign about them owing you money for fundraisers?
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MR. DEVINE: We'll take the Fifth Amendment on that. BY MR. SANDERS: Did you ever have a conversation with John Dickert or members of his campaign post the 2009 election while he was the mayor, all right, whether monies they owed you for a fundraising event should be treated as an in-kind contribution? I -- I don't know. If you look towards the bottom of the page you'll see your name listed again, Doug Nicholson on 6/18/2010. Do you see that? I do. And it lists, at least in the second to last column on the right side it lists the purpose as fundraiser, $200, do you see that? I do. In the far left-hand column in that same row has it marked as in-kind. Do you see that? I do. That would have been an in-kind contribution from you to the campaign? MR. DEVINE: Well, the document says that.
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BY MR. SANDERS: Q The document indicates that it's an in-kind contribution? Do you recall having the conversation with the campaign to identify that fundraiser amount as an in-kind contribution? MR. DEVINE: We'll take the Fifth Amendment on that. THE WITNESS: Can we take like a three-minute break? MR. SANDERS: Absolutely. (Exhibit Nos. 292 - 296 marked for identification.) (Short break was taken.) BY MR. SANDERS: Q Mr. Nicholson, I'm going to hand you what's been marked Exhibit 292. Exhibit 292 is a Campaign Finance Report for John Dickert, name of the report is called "January 2011 Continuing" dated 1/28/2011 signed by Mary Jerger on that same date. Do you have that in front of you? A I do. Q If you could turn to page, first turn to page 1 of the document. Do you see at the top of the page it says, "John Dickert for mayor contributions including loans and individuals"?
A I do. Q All right. And if you please turn to page 4 of the document do you see down at the bottom of the page the second to last row with writing in it it lists your name. It's undated, lists your name. It says, "Ivanhoe $200." A I do. Q It appears to be, there appears to be a checkmark in the in-kind column on the far left-hand side. Do you see that? A Yes. Q All right. Do you know what this particular in-kind service was that you provided to the campaign? MR. DEVINE: We'll take the Fifth Amendment. This is a continuing on this cycle, I assume, right? MR. SANDERS: Right. It's the January continuing from. MR. DEVINE: From the earlier cycle -MR. SANDERS: Correct. MR. DEVINE: -- yes? MR. SANDERS: Correct. BY MR. SANDERS: Page 165
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Q Okay. If you go to Exhibit 293, please, this exhibit is another Campaign Finance Report for Dickert for May dated March 28, 2011. The report period is for pre-election 2011. Do you see that towards the top of the page? A I do. Q It's checkmarked and then it's signed by Mary Jerger on February 22, 2011 towards the bottom page, right-hand side? A Yes. Q All right. If you'll turn to, you'll notice that this is a somewhat different format. If you go to page 9 of 24 -- oh, excuse me, I'm sorry. Well, we can withdraw that exhibit. It's not -- it's marked for somebody different. MR. SANDERS: Mike, when you withdraw them we just bump the exhibit numbers back down or do you leave it blank? MR. COHEN: Just leave it. I mean, and you have 294 marked? MR. SANDERS: Right. MR. COHEN: So... MR. SANDERS: All right. BY MR. SANDERS: Q Take a look at 294, please. Do you have that
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in front of you? Yes. Campaign Finance Report for Dickert for Mayor, the reporting period is July continuing 2011. Do you see that towards the top of the page? Yes. And it's dated at the bottom July 20, 2011 and signed by Mary Jerger on some date in July of 2011. Do you see that? I do. It's possibly an 18? If you could turn, again, this is in a different format from the original ones that we've been looking at, if you turn to page 2 of 8 in the disbursement gross expenditures schedule? MR. DEVINE: Whoa, whoa, that's back in the -MR. SANDERS: Yeah, it's probably about two thirds of the way back in the report. BY MR. SANDERS: You'll see at the top a disbursements gross expenditures and go to page 2 of 8. Are you there? I am there. All right. Do you see at the very top row
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there's an entry dated 5/20/2011, Ivanhoe Pub and Eatery? Do you see that? I do. And it says, "Food for swearing in party," and "$891.72." And do you see that in at least on this report there's a box for at the bottom of your entry where it says, "Ivanhoe, check if in-kind offset," do you see that? I do. And it's not marked, is it? It is not. Do you recall receiving a check for $891.72 from the Dickert campaign for the food you provided at the swearing in party? I don't recall if I did or did not. That's a substantial amount of money, correct? MR. COHEN: Objection. MR. DEVINE: Compared to what? MR. COHEN: Form. BY MR. SANDERS: Would you consider that $891.72 is a large amount of money? MR. COHEN: Objection, form. MR. DEVINE: What are you asking him to compare it to?
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BY MR. SANDERS: Well, would you want to be paid back the $891.72? Yes. And if you weren't paid back that money would that be a concern for you? In normal business operations, absolutely. And for purposes of the Dickert campaign would that still be a concern for you, if you weren't paid back the $891.72? Yes. If you go to Document 295 this is a Campaign Finance Report for January continuing 2013, the committee is Dickert for Mayor. It's dated January 25, 2013 and it appears to be signed on the front page by James DeMatthew on January 23 of 2013. Do you see that on the front page? I do. Do you know who James DeMatthew is? I do. Who is James DeMatthew? James DeMatthew is the treasurer of John Dickert's campaign at this time. Well, independent of what you see on 295 did you know that James Matthew is the treasurer at Page 169
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this point in time in the campaign cycles? A Yes. Q All right. If you could turn to the first of two pages under disbursements and gross expenditures. Do you see the second entry on that page is to Envi? MR. DEVINE: Hold on a second. It takes me a little longer to get there. MR. SANDERS: Okay. Should be the third page from the front. I'm sorry. MR. DEVINE: 3 of 8? MR. SANDERS: Well, 1 of 2. Are you on January 25, 2013? MR. DEVINE: Oh, no. That would make a difference, huh. MR. SANDERS: Do I get to mark that on his tally? MR. DEVINE: Yeah, reduces us to zero. BY MR. SANDERS: Q So you're on page 1 of 2 now, Mr. Nicholson? A Yes. Q Under disbursements and gross expenditures? A Yes. Q Do you see the entry dated August 7, 2012 for
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Envi? I do. That's not marked as an in-kind offset, is it? It is not. And it indicates the purpose for the expenditure is a fundraiser -It does. -- for $618.51? Were you paid back that money by the campaign? Without checking things I have no idea. I would assume I was. Do you recall hosting a fundraiser at Envi for the Dickert campaign? I do. And were you the -- were you actually a host and sponsor of the -- of the event? I don't know if I was a host and -- like a sponsor of it. I may have been. I don't recall. I remember it was upstairs at Envi and Jim DeMatthew was there. Was John Dickert there? Yes. Now, you have previously talked about the individuals involved in the campaign committee or the Weeds committee in the 2009 election
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A After the -- so 2009 and 2011 did I continue to assist his campaign? I was hired for fundraisers. Q Okay. Did you make any contributions to the -to John Dickert's campaign after the 2011 election? A I have no idea. Q Did you make any cash contributions to the campaign after 2011? A I have no idea. I don't remember or recall. Q Did you write any checks to the campaign -A I don't -Q -- after 2011? Do you recall if your wife made any cash contributions or contributions by check after the 2000 election to the Dickert campaign? A After the? Q After the 2000 election. MR. DEVINE: 2011. BY MR. SANDERS: Q 2011 election to the Dickert campaign. A I don't know. Q And then refer to Exhibit 296. This exhibit is a Campaign Finance Report dated July 22, 2013, Dickert for Mayor for the reporting period of
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cycle and the 2011 election cycle. For the 2015 election cycle were you involved in that campaign? No. Do you know who was on the committee during that election cycle, the 2015 election cycle? No. You know at least Jim DeMatthew was, correct? I have -- I don't know. For 2015? You acknowledge that he's the treasurer at this time. In 2013. Right. So referencing the election cycle between 2011 and 2015. Okay. Were you involved in the campaign? Yes. I had -- yes. Okay. In what way were you involved in the campaign between 2011 and 2015? I went to those two Weeds meetings and attended fundraisers and held fundraisers. Okay. So let me break this down a little bit. After John Dickert won reelection for a full term in 2011 did you continue to assist his campaign after the 2011 election?
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July continuing 2013. Do you see that at the top of the document? I do. And it appears to be signed by or purports to be signed by James DeMatthew on July 22, 2013? Do you see that? I see that. All right. Would you please turn to page -page 6 of 8 under receipts and contributions including loans from individuals? I'm sorry, what page? Page 6 of 8. Do you see an entry dated June 13, 2013? I do. For your name, Doug Nicholson at your address in Racine? I do. And it lists your, also your business, the Ivanhoe? Yes. Do you see that? And at the bottom under at least your name, Doug Nicholson, it's not marked in-kind loan or a conduit, is it? It is not. And this is for a, appears to be for a
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contribution in the amount of $200? Do you see that in the far right-hand column? I do. With a year to date contribution of $200, at least at this point? Do you see that? I do. Do you remember making that contribution to Dickert's campaign? I don't remember making it. I'm not saying I didn't. I don't remember. Did you write a check? I have no idea. Do you know if you paid in cash? I have no idea. You see the entry below yours? I do. It says, "Sara Nicholson," dated June 11, 2013? Yes. And that's your residence in Racine under her name? It is. And it's not marked in-kind loan or a conduit? It is not. And this amount is for $500 in the far right hand, or the second to last column on the
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right? 1 It is. 2 With a year-to total of $500. Do you see that? 3 I do. 4 Do you recall or do you know if Sara Nicholson 5 made this contribution to the campaign? 6 I -- I don't recall. 7 Do you and your wife make $700 contributions to 8 other -- to other politicians in Racine on a 9 yearly basis? 10 I don't think we -- no, I don't know. 11 Have you ever made a $200 political 12 contribution to any other official in the City 13 of Racine? 14 I'm sure I have. 15 Besides John Dickert? 16 I'm sure I have. 17 Are you aware if your wife has made a $500 18 contribution to anybody other than -19 I -20 -- John Dickert and the City of Racine? 21 I am not aware. I do not know. 22 If you could turn to page 1 of 2 under 23 disbursements, it's about three pages, four 24 pages past the last one, do you see an entry on 25
6/28/2013 for the Ivanhoe Pub and Eatery? I do. And it's not marked in-kind offset, is it? It's not. And it appears to be for a fundraiser? Do you see that? I do. And the amount is listed as $1,005.16. Agreed? Agreed. Do you recall being paid back for that? I have no idea. That would be something that you'd be concerned about if you'd been paid or not, is that correct, from John Dickert? Yes. Mr. Nicholson, have you ever been to Ricky's on Main Street? Yes. How often have you gone to Ricky's on Main Street? I mean, have you been there more than a couple times? Yes. More than a dozen times? Yes. And your bar is located almost directly across Page 177
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the street from his, is it not? It is. In the 200 block? In the 200 block. He's on the west side of the street? He is. Do you see any -- do you see large crowds going in and out of Ricky's while you're at the Ivanhoe? I hope so. I mean yes. Sorry. Okay. And those crowds that go into Ricky's, would you consider his patrons to be predominantly white? MR. COHEN: Objection to the form. THE WITNESS: He has a diverse crowd. BY MR. SANDERS: He has a lot of African-Americans that attend, go into his bar, patronize his bar? He does. Does he have a lot of Latinos that patronize his bar? Yes, I would say it's a diverse crowd. Have you seen the police often at his bar? I've seen the police at his bar. Not often? More than a few times?
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1 2 span? 3 BY MR. SANDERS: 4 Let me go back. You opened Ivanhoe's in 2002? 5 Correct. 6 Was Ricky's opened at the time? 7 Yes. 8 So Ricky's has been open consistently from 2002 9 to the present time? 10 Yes. 11 Have you seen the police at Ricky's bar more 12 than a dozen times? 13 MR. DEVINE: Over that time frame? 14 BY MR. SANDERS: 15 Over that time frame. 16 From then until now? 17 Uh-huh. 18 MR. DEVINE: Is that a yes? 19 MR. SANDERS: Me? 20 MR. DEVINE: Yes. 21 MR. SANDERS: Oh, you got me. All 22 right. 23 THE WITNESS: In front of his place 24 of business? 25
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A Yes. Q Have you had more than two police squads report to Ivanhoe at one time? A I believe so. Q What about three squads at the Ivanhoe? A I -Q Have you ever seen more than three squads report -A More than three. Q -- report to an incident at the Ivanhoe? A No, I don't think so. Q Have you ever seen a squad report to an incident at Envi? A Yes. Q More than two squads at Envi? A Yes. Q More than three squads at Envi? A Not that I can recall. Q Do you recall there being more than three squads on March 29, 2014 at the shooting in front of Envi? MR. COHEN: Objection. MR. DEVINE: Object to the form of the question. It wasn't in front of Envi. You want him just generically to respond to March
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1 BY MR. SANDERS: 2 Uh-huh. 3 I would say yes. 4 Do you see the police in front of his business 5 as responding to calls at his business? 6 I have no idea if they were responding to 7 calls. 8 Were the police out of their car? 9 I've seen -10 Out of their squad? 11 MR. COHEN: Objection to form. 12 THE WITNESS: I've seen police parked 13 in front of the Ricky's, I've seen police 14 outside responding to Ricky's, I've seen police 15 down the block responding. 16 BY MR. SANDERS: Have you ever seen more than one police vehicle 17 18 parked in front of Ricky's? 19 Yes. 20 Have you ever seen more than two police 21 vehicles parked at Ricky's? 22 I don't recall. Maybe. Yes, actually, yeah, 23 one time. Have you ever had more than one police squad 24 25 report any incident at Ivanhoe?
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29 and remove that from the question? MR. SANDERS: He can answer the question. You can note your objection. MR. COHEN: Objection, assumes facts not in evidence, misstates his testimony. THE WITNESS: The shooting that took place down the street had a lot of police officers and they closed down the street, much more than three. BY MR. SANDERS: Okay. I don't know that I've ever counted the amount of police cars that are responding to a situation. All right. Have you ever seen police respond to incidents in front of Evelyn's on Main? Yes. Have you seen police cars respond to incidents at JJ's on the Square, McAuliffe's on the Square? No. Are you familiar with a bar by the name of Ginger's? I am. Do you know where Ginger's was located?
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Yes. Where? The 300 block of Main Street. East or west side? East side. Closer to 4th or 3rd? 4th. Have you ever been into Ginger's? Yes. When have you been into Ginger's? When it was open. When it first opened? Yes. Did you go in to patronize Ginger's? Yes. Did you go there with anybody else besides yourself? Yes. Did you go in there with Jeff Coe? I did. Was he an alderman at the time? He was. And did you go in there to speak with Pete Kampagne? Yes.
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Q Did you advise him on what dress code he should employ at Ginger's? A I don't remember if I did or not. Q Is there a particular reason why Alderman Coe took you to Ginger's? MR. COHEN: Objection, calls for speculation. BY MR. SANDERS: Q Did he tell you why he wanted to go to Ginger's with him, Alderman Coe? A He did. Q Why did he say he wanted you to go to Ginger's with him? A He said that, well, he asked me to go down there and have a meeting with them because they were having some issues -Q What issues were they having? A He didn't say. Q You're a businessman downtown. You had a business not two blocks away on the same side of the street. Did you notice they were having issues with their business? A I did. Q What issues were they having with their business?
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One of the owners? Yes, one of the owners. Did you give him advice on how to run his bar? I answered some questions of his. Answered questions of his? Uh-huh. Okay. Did you tell him to -- to keep African-Americans and Latinos from coming to his bar, he should limit the types of liquor that he has for sale? I did not. MR. DEVINE: That's -- that's a double question. You asked him whether he was going to keep Latinos and blacks out and certain types of liquor. BY MR. SANDERS: No, I asked -- I said did you -- did you tell him that if he wanted to keep blacks and Latinos out of the bar he would need to keep certain liquors off the shelf? No. Did you tell him, advise him on what music to play at the bar to keep African-Americans and Latinos from his bar? No.
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A very rough clientele. A very rough clientele? (Nodding.) What do you mean by a very rough clientele? Disorderly clientele. What was so disorderly about what they were -what the clientele was doing? There was a lot of fights, from my understanding. Did you witness the fights? I did not witness fights. So where were you getting your information from that it was a very rough clientele? I had to walk my employees past the front when the people were standing outside so they wouldn't grab them on their way home. Okay. And the clientele that was there, was it predominantly African-American? No. It was mixed. You said -- are you saying there was an equal number of African-Americans, whites, and Latinos there? I don't know what his clientele base was made out of, but it was definitely a mixed clientele every time I saw them.
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Q Were whites grabbing your employees? A I didn't have -- it was the people that were standing outside reaching -Q Were they black? A -- towards my employee. I don't remember what color they were. It was a mixed group of people outside. Q Did your employees tell you that they were concerned because they were African-Americans outside of Ginger's? A No. Q So then why would you go into Ginger's and say to take Hennessy off the shelf? A I didn't say take Hennessy off the shelf. Q You didn't tell Pete Kampagne to take Hennessy off the shelf and that will prevent the rough crowd? A No, I didn't. Q What did you tell him? What did you advise him on specifically? MR. DEVINE: Concerning Hennessy? MR. SANDERS: No, concerning his advice that he was there to give to Mr. Kampagne about Ginger's. MR. DEVINE: I think he was there to
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answer questions. BY MR. SANDERS: What questions did he ask you? He asked me how I control my crowd. And what did you tell him? I said I set an environment that's conducive to the people that I want and comfortable to the people that I want and uncomfortable for those that I don't want. All right. So you make Ivanhoe's comfortable for white people but not for African-Americans? That is not what I said. MR. DEVINE: Argumentative, misstates his testimony. BY MR. SANDERS: Well, do you have a lot of African-Americans that come to Ivanhoe's? MR. DEVINE: Asked and answered. Go ahead. THE WITNESS: I have African-Americans that come to Ivanhoe. BY MR. SANDERS: Do you have African-Americans that come to Ivanhoe that are waiting to get in outside the bar?
A I don't think I have anybody waiting to get in outside the bar. Q Do you have Latinos that are often waiting outside of Ivanhoe to get in the bar? A I don't think I have anybody waiting outside the bar. Q All right. Do you have anybody waiting outside to get into Envi? A Not usually, no. Q All right. Do you have African-Americans waiting outside to get into Envi? A We have in the past, but there's -- there's not a lot of lines. Q All right. What about Latinos outside of Envi? A I just said we don't have a lot of lines outside of Envi. Q Mr. Nicholson, would you agree with me that if a bar owner has lines of people waiting outside that they've got at least a capacity crowd inside? MR. COHEN: Objection, form, calls for speculation. They may not be open. BY MR. SANDERS: Q If a bar is open, Mr. Nicholson, and there are lines waiting outside what do you equate that Page 189
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to mean in a bar at night in downtown Racine? A Either people are smoking and they're on the way in or on the way out. Q Waiting to get inside? A They could be. Q All right. And you know that the concern that your employees have were people waiting to get inside Ginger's. A I don't know that. They were concerned with people standing on the sidewalk that were Ginger's patrons. Q And they told you that they were African-American. A No, they didn't. Q When you walked by, your employees, walked them by Ginger's, were they African-American that were waiting on the sidewalk? MR. DEVINE: Objection, asked and answered. Go ahead. MR. COHEN: Tell him again. THE WITNESS: I already answered that question. I believe that it was a mixed crowd. BY MR. SANDERS: Q All right. Were there police outside? A Not at the time.
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Q Was there security at Ginger's? A I believe so. Q What other questions, what other questions did Pete Kampagne ask you about how to run his business? A I don't remember the exact conversation. I remember him asking me how -- everything that I said, I make it comfortable for people that I want. Q Did you tell him to change the dress code at Ginger's? A I don't believe I told him to change the dress code. He probably asked me about dress code. I tell him what my dress code is, make the place conductive to the clientele that you want. Q So if you didn't want gang members in your bar then you would have told Pete Kampagne put on your dress code no hats worn to the side. A I don't know that I did, but I guess that would have been something that I would have said. Q And if -A But we don't -- we didn't talk about gang members. We talked about unruly patrons. Q And did you -- did you have a discussion about
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1 Q And do you believe that's what attracted large 2 crowds of African-Americans and Latinos? 3 MR. DEVINE: Objection to form. 4 MR. COHEN: Calls for speculation. 5 MR. SANDERS: He's an experienced 6 business owner. He's been down past the bar. 7 MR. COHEN: Same objection. 8 THE WITNESS: No. Music doesn't 9 dictate how you control your crowd. The 10 environment does. 11 BY MR. SANDERS: 12 Q Music doesn't dictate. So if the Public Safety 13 Licensing Committee demanded that somebody not 14 play hip-hop music at their bar what do you 15 think that would be -- what would the reason 16 for that be, in your opinion as an experienced 17 bar owner and business owner? 18 MR. COHEN: Objection to form. 19 MR. DEVINE: Calls for speculation. 20 MR. SANDERS: I'm asking him for his 21 opinion. 22 THE WITNESS: My opinion would be 23 that they have an unruly crowd. 24 BY MR. SANDERS: 25 Q Would your opinion also be that the Public
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1 weapons with Pete Kampagne? 2 No, not that I recall. 3 Did you suggest to him to put in his dress code 4 to have no baggy pants? 5 I have no idea. I doubt it. 6 Did you suggest to him to not allow people 7 wearing hoodies into his bar? 8 I don't know if I suggested anything. I 9 answered questions. 10 Did you talk to him about the type of music 11 that he was playing at his bar? 12 I believe Jeff talked to him about the type of 13 music. 14 What did Jeff ask him about his music or tell 15 him about his music? 16 I don't remember. You don't recall them being comments about him 17 18 playing hip-hop at the bar? 19 I don't know if there was or not. 20 Mr. Nicholson, do you -- are you aware that 21 Mr. Kampagne and Ginger's was -- were 22 sponsoring hip-hop DJs at his bar? 23 I think he DJed there. 24 Okay. Playing hip-hop music? 25 Yes.
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Safety Licensing Committee would not want -they don't want people that like hip-hop music to come to the bar? MR. COHEN: Objection to form, calls for speculation. THE WITNESS: I have no idea what they want. BY MR. SANDERS: Does an unruly crowd somehow equate with listening to hip-hop music? No. It equates with the controls you put on your business. Well, so if you're playing hip-hop music in Ivanhoe are you saying all the patrons are going to be, they're not going to become unruly because of the controls you put in your business? MR. COHEN: Objection, argumentative. BY MR. SANDERS: I'm asking if -- if it matters in the Ivanhoe what music he's playing. We have an open jukebox, so hip-hop gets played, country music gets played, Irish music gets played. Have you ever had a crowd at the Ivanhoe that
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was, that was over 75 percent African-American and Latino? I have no idea. Have you ever had a crowd at Envi that was over 75 percent African-American and Latino? I have no idea. Have you ever been to Park 6? Yes. Do you know who owns Park 6? Thomas Holmes. MR. DEVINE: Owned it. THE WITNESS: Owned. MR. DEVINE: Past tense. BY MR. SANDERS: And when did you go to the Park 6? When it was open. Did you go there shortly after it was open? Yes. And why did you go to the Park 6? Everybody was going to Park 6. It was a new bar in town. Did you offer Thomas Holmes any advice about his business? I guess you could say it that way. Well, you say it your way. Did you offer him
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1 any advice? 2 Yes. 3 What advice did you offer him? 4 I said, "You got to do something or they're 5 going to shut you down." 6 Who's going to shut him down? 7 The powers that be. 8 Who were the powers to be? 9 The license and welfare committee. 10 Why would they want to shut him down? 11 Because there was three to four fights in a 12 matter of seven minutes, not enough security 13 on, he was breaking up fights himself, and 14 people did not want to stay in that 15 environment. 16 What was -17 And it was very unruly. When you were there what was the predominant 18 19 race of his patrons? 20 It was mixed, but predominantly black. 21 Okay. 22 African-American. 23 All right. And did he cater to an 24 African-American clientele? 25 MR. COHEN: Objection to form.
THE WITNESS: At that time, I mean, yes, yeah, I believe he catered to an African-American clientele when he first opened, it was very mixed. BY MR. SANDERS: And did you -- did you suggest to him to pull certain liquors off his shelf? Absolutely not. Did you suggest to him to -- to raise the prices of the drinks at his bar? I don't believe so. Did you give him any other advice as to how to control his clientele? No. Did you tell him that you were happy that he was in business because it kept the ghetto off of Main Street? No. I don't believe I said that, no. Do you recall that Alderman Jeff Coe contacted you shortly after you visited Park 6 and asked you to come back to the Park 6 with him? Yes. Why did he ask you to come back to the Park 6 with him? To have a meeting with Mr. Holmes. Page 197
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About what? About a ignorant mistake that I made. What was the ignorant mistake? Well, giving him that advice after a bunch of cocktails and the fights going on I said, "Dude, this place is ghetto as shit, you're going to get shut down." And what did you mean by "ghetto as shit"? Unruly. Unruly, is that the term that you equate with ghetto? My definition at the time of ghetto was never based on a race, color, or creed but on an attitude and a behavior. You never associated ghetto with poor African-American communities? Absolutely not. Did you use any other racially derogatory terms -No. -- to Mr. Holmes? No. Have you ever used any racially derogatory terms? MR. DEVINE: Object to the relevance
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of that. There's no claim against him for that. I'm not going to let him answer a question like that. BY MR. SANDERS: Did you ever hear Alderman Coe use a racially derogatory term in the presence of Thomas Holmes? No. Did you ever use a racially derogatory term in the presence of Pete Kampagne? No. Did you ever talk to anybody from the, any other alderman for the city or the mayor use a racially derogatory term in reference to Ginger's, Park 6, or Place on 6th? No. At the time that Ginger's, that you went and spoke to Ginger's were you on the Downtown Racine Corporation? MR. DEVINE: You mean a member of it? I'm sorry. BY MR. SANDERS: A member of it. MR. DEVINE: Okay. THE WITNESS: I'm -- I'm certain I
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was a member of the DRC. BY MR. SANDERS: Do you know when you joined the DRC? 2002, I believe. Did you ever become a board member for the DRC? I did. How do you become a board member of the DRC? They asked me if I was willing to sit on their board. All right. Did you have to get -- to go through an approval process? I don't think so. And when did you become a board member of the DRC? I don't remember what years it was. Was it before or after Thomas Holmes opened his bar at Park 6? I believe it was before. It was a while ago. Okay. Did you go into any other bars downtown and offer advice on how to control their clientele? I've talked to other bar owners, other friends when I've heard ramblings and rumors that their crowd was getting rough. What other bars?
A I believe it was, I talked to Scott at 525, because the rumor mill was going around, and I think I talked to Mark over at Blue Rock. Q Was that based on the rumor mill as well? A Yes. Q What advice did you -- what advice did you offer Scott at Bar 525? A I think I just had a discussion with him on what he was doing. I don't think I offered him advice at all. Q What were the problems that he was having at Bar 525? A I think it's the same problems that all bars have with an unruly crowd, lots of police calls, unwanted patrons, and fights. Q Was it the same kind of crowd that was at Ginger's? A I don't know. Q Was it the same kind of crowd that was at Park 6? A I don't know. I went in after I heard some rumors and Scott's a friend. Q And the rumors weren't that the unruly people were African-American and Latino? A No. Page 201
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Q What advice did you offer Blue Rock? A I don't remember. I remember he was having some trouble and I know he had a big party for, that turned into them closing down the street. I think I said to him that that guy's name is in the bar owner's handbook next to ten foot pole because every time he has a party at a place the bar usually gets trashed and there's the big ruckus. Q What do you mean bar owner's handbook on a ten foot pole? Do you mean don't cater to him? A Yes. Like you chose to have that party here and every party that he's had at every other place has like been resulted in the bar like having police calls, being shut down. Q And you're referring to an African-American basketball player -A Yes. Q -- from Racine? A Yes. Q Do you remember his name? A Caron Butler. Q And the parties that he had, was it -- the parties that he had, if you're aware, were they primarily attended by African-Americans?
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A I was not in attendance of any of the parties. Q Did Mark tell you what the predominant racial makeup was of the people that attended Caron Butler's party at his establishment? A No, I don't believe that was ever discussed. Q You know it was African-Americans? MR. DEVINE: Well, now, come on. BY MR. SANDERS: Q Mr. Nicholson -MR. DEVINE: You're badgering him. MR. SANDERS: I'm not badgering him. MR. DEVINE: To acknowledge that he denied? MR. SANDERS: I'm not badgering him, Tom. This is -- all right. MR. COHEN: He wasn't there, he testified to, and he didn't talk to him about that subject, so... BY MR. SANDERS: Q You weren't at any of these parties, correct? A Correct. Q And you didn't witness any of these events, correct? A Correct. Q But yet you felt a need to appear and tell your
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Q All right. Did you ever make a contribution to his campaign? A No. Q When -- do you recall when you went to his bar? A I was there, we were -- I was -- I don't recall when it was, but I remember going in there with Ricky. We were asking him to see if he wanted to be involved in some sort of a pub crawl, so it was either for Mardi Gras or another event in town. Q Okay. Ricky from Ricky's -A Yes. Q -- across the street? What's his last name? A Smetana. Q And did you offer Keith Fair any advice on how to run his bar? A No. Q Did he ask for any advice from you? A No. Q Did you hear anything from the rumor mills about his bar? A Not at that time. Q Did you hear later on? A Later on. Q What?
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good friend how to run his business. MR. COHEN: Objection, misstates the testimony. MR. DEVINE: Object to the form of the question. Do you understand it? BY MR. SANDERS: Did you offer him advice how to run his business? I didn't offer his advice on how to run his business. We talked as bar owners that are in the same business, just like anybody in the same business does about problems that we're having, about things that are going on, about things that are good, talked about a lot of things. Did you ever go to Place on 6th on 6th Street? Yes. Do you know who the owner is of Place on 6th? Keith Fair. Is he an alderman as well? He was. Did he swap jobs with Jeff Coe over the years? He did. Did you ever support Keith Fair's campaigns? I did not.
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That there was disturbances on the street. By whom? The patrons. The patrons of his bar? Yes. And did you ever witness any of that? No. So you don't know if they were patrons of his bar or some other bar. I don't. You don't know if they were inside his bar or not. I don't. Just like you don't know if Thomas Holmes' patrons were causing problems inside or if they were outside of his bar. Well, except for the one time that I was there and there was all those fights I do not know. Okay. And did you -- were you asked by anyone else other than Bar 525, Blue Rock, Park 6, Place on 6, Ginger's for advice on how to run their bar? MR. COHEN: Objection, misstates his testimony. He didn't give advice to all those bars.
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MR. DEVINE: Just conversations. I join in the objection. THE WITNESS: A lot of people asked me for a lot of things, and some of this conversation, some of it is, "Hey, what do you do in this situation? What would you do in this situation? How did you get here? What do you do?" And I do my best to answer everybody. BY MR. SANDERS: Did you ever suggest to Pete Kampagne at Ginger's to join the tavern league? I probably did. I think it's a good idea. Did you suggest to Thomas Holmes to join the tavern league? I don't know if I did or not, but I would suggest to any new bar owner that I meet to join the tavern league. Did you suggest to Keith Fair to join the tavern league? I have no idea if I did or not. How many members are there on the tavern league? I have no idea. Are there over 50? I believe, yeah, there's probably between 60
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Q All right. Who else? A I don't remember off the top of my head. That's the only person, that's the only African-American person that comes to mind right now, but over the years, I mean, people join the tavern league and they drop out of the tavern league. Q Are you aware of any African-American bar owners that were in the tavern league that had a business in downtown Racine on Main Street or 6th Street? A I am not aware of any. They might have been. I haven't gone to tavern league meetings in a very long time. Q Did you ever attend fundraisers at the tavern league for political candidates? A I don't know if they were tavern league fundraisers. I've attended fundraisers with other members of the tavern league. Q Okay. Did you -- have you attended tavern league meetings where the hat was passed around to make contributions to people running for office in Racine? A I -- I don't know. I don't recall. Q Do you recall being in a tavern league meeting
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and 70, maybe. Q Okay. And have you been to tavern league meetings? A I've been to a lot of tavern league meetings. Q And is the predominant racial makeup of the owners in the tavern league, the members, white? MR. COHEN: Objection to form. THE WITNESS: Predominant, you mean the majority -BY MR. SANDERS: Q Uh-huh. A -- of people. Q It's an overwhelming majority, isn't it? A I don't know what your definition of overwhelming is. Q How many black members of the tavern league do you know? A Two, three, two or three. Q Who? A Lee. Q What bar is he associated with? A 16th Street called Old School Way. Q Not downtown, the downtown area, is it? A No.
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where they -- where it was announced to pass the hat for John Dickert's run for mayor? I don't recall that. When you visited Mark at Blue Rock, do you know Mark's last name, I'm sorry? I believe it's Mark Thomas. And he's the owner and operator of Blue Rock? He is. And is that on 6th Street? It is. When you visited him to -- to discuss this, the parties that were happening, the trouble he was getting into did you go with Alderman Coe? No. And I didn't visit him to discuss anything. I think we had a conversation sitting at the bar. It's not like I sought out to go there and talk to him and portray, give him my advice. So it was a different situation than at Ginger's -Correct. -- with Alderman Coe. Correct. Was it a different situation than with Thomas Holmes at Park 6?
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A Park 6, the alderman called me and said, "Did you say this," and I was like, "I didn't say that, I said this," and, "Well, Thomas is very upset so I'd like to have a meeting with him," so I was like, "Yeah, please do." Q All right. And then you said you also, you also discussed unruly clientele with Scott at Bar 525? A I had a conversation with him over a bunch of drinks. Q Do you know Scott's -A I'm sure that we -- we discussed, just like bar owners always do when they get together and discuss things, what's going on in their bar, what's going on in life. Q All right. Did you know Scott's last name? A Arndt. Q Did you go and speak with Scott with Alderman Coe? A No. Q With all these bar owners, whether it's been Ginger's, Blue Rock, 525, Park 6 you weren't giving advice to discourage minority clientele? A Absolutely not. Q Now, when you applied for your Class B license
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for the Carriage House you actually went through the licensing process in late April and early May of 2014? Sounds about right. About a year ago? Yeah. Okay. At the Public Safety Licensing Committee meeting was there any concern raised by any of the aldermen about the concentration of liquor licenses? MR. DEVINE: You've asked him about this already. MR. COHEN: Objection, asked and answered. THE WITNESS: I don't remember if they brought up concentration or not. BY MR. SANDERS: Did Alderman Deal ask you any particular questions about the license or your application? I have -- I remember -- I don't know if he asked me, what questions he asked me, but he may have. Do you remember, do you recall whether Alderman Deal or anyone else at that hearing brought up
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Lakeside Liquors from a few years before their application? I don't recall. Was Joey LeGath and JJ McAuliffe at that meeting? I don't know. They're at most of the tavern league -- or the -- most of the license and welfare meetings. When did you say you joined the DRC? I believe in 2002 or 2003. And why did you join the DRC? Because they voted against me opening. Voted against you opening Ivanhoe? The Ivanhoe. They -- when I approached them they said that they love the idea and they're going to support it, and then when it came time they spoke at the city council against me and that's when I had the six week battle to actually get open, and after that I immediately went down and joined the DRC. So they didn't vote, they just didn't support your application. Yes, yes, they didn't vote. They -- they didn't support. They spoke against my application for my liquor license. Page 213
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Q And was it your experience from that that the DRC had some sort of influence over the licensing committee or the common council? MR. COHEN: Objection, calls for speculation. THE WITNESS: I don't know that they would have any influence. They just spoke against me. BY MR. SANDERS: Q All right. Since you've been a member of the DRC does it come up often in meetings, the businesses downtown? Do you talk about the businesses downtown? A Yes. Q And do you talk about unruly businesses or unruly patrons downtown at DRC meetings? A I -- I don't recall talking about unruly places at DRC meetings. Q Have you been at DRC meetings where the topic is recruiting people to go testify at Public Safety Licensing Committee meetings against particular bars? A No. Q Do you hold any other positions within the City of Racine?
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A I do. Q What positions? A I sit on the City of Racine Board of Ethics and I sit on the City of Racine Redevelopment Authority. Q Who appointed you to the board of ethics? A I believe it was Gary Becker. Q When did he appoint you to the board of ethics? A I'm assuming in 2003. Q So you've served on the Racine -- on the board of ethics since 2003? A Somewhere around there, early 2000s. I don't know if it was 2003, 2004. Q How long was the term appointment? A I don't know. I don't know off the top of my head. Q Has -- has Mayor Dickert reappointed you to the board of ethics since he's been mayor? A Yes. Q How many times? A I don't know. Twice, but I don't know if it was Mayor Dickert that did the first one. I don't really recall. I believe that I'm on my third term. Q Okay. Do you think they're six-year terms?
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A I think they're five-year terms or something like that, yeah. Q So that would mean that Dickert at least appointed you one time, possibly two? A Yes. At least once. Q And then you're on the redevelopment authority? A Yes. Q How long have you been on the redevelopment authority? A I don't know, year and a half, maybe. I'm not sure. Q Who appointed you to the redevelopment authority? A Mayor Dickert. Q Is the redevelopment authority in charge of facade grants? A I -- some, I believe they're in charge of some facade grants located outside of a certain district where you need the downtown design review approval. Q Okay. As a business owner downtown have you received facade grants from the city? A I have. Q For what locations? A I received a facade grant for 316 Main Street
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and for 220 State Street. For Envi and Carriage House? Yes. You didn't receive a facade grant for Ivanhoe? No. How much was the facade grant for Carriage House? 20,000. And how much was the facade grant for Envi? 10,000. What body did you go before to obtain the facade grant? Downtown Design Review. Did you have to apply for that? Yes. And submit a design? Yes. Now, at one point were you -- was it not possible for bars to get facade grants in Racine? I believe they limited it, limited certain establish -- certain liquor license establishments from -From getting a facade grant? From getting a facade. Page 217
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Q And was the tavern league instrumental in getting the city to change its mind? A I don't think the tavern league was instrumental in the city. I believe Joey came and spoke. Q And Joey was the president of the tavern league when he went and spoke, did he not? A I don't know that Joey, since I've known Joey, has been the president of the tavern league. Q Did you -- did you ever have conversations with Joey LeGath, JJ McAuliffe, or anyone else from the tavern league regarding the city's nuisance law? A It rings a bell. I'm sure that I did. They would discuss things at the tavern league meeting if license and welfare would ask the tavern league for advice or ask them to look over a document. Q Do you know if the tavern league was generally supportive of the city's nuisance law? A I have no idea. Q Are you supportive of the city's nuisance law? A I don't know the city's nuisance law. (Exhibit No. 297 marked for identification.) BY MR. SANDERS:
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Q Mr. Nicholson, you've been handed Exhibit 297. This appears to be an invitation to a fundraiser for John Dickert on April 19, 2011? Does that appear to be the case to you? A It does. MR. DEVINE: Well, it's a swearing in ceremony. BY MR. SANDERS: Q Swearing in ceremony? A Swearing in ceremony. Q Excuse me. Swearing in ceremony for John Dickert? A Yes. Q And it indicates that Ivanhoe was holding a reception after the swearing in? A It does. Q Do you recall that event in 2011, April 19, 2011? A No, not off the top of my head, I don't know if I was there or not. Q The swearing in for your friend Mayor Dickert in 2011? A I haven't made it to all of his swearing ins. When was it, April 19? I assume I was there. Q And do you recall if this was an event that
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A I -- I agree from reading that. Q How well did you know Beth Pramme during the 2011 campaign? A I knew her a little bit. Actually, I wouldn't say we were friends. She had a personal relationship with my manager, so she would -- I would see her in the bars quite a bit. Q In your bars? A Yes. Q Ivanhoe, Envi? A Ivanhoe. Q Which employee was she having a relationship with? A Patrick Todd. Q Did she ever have a argument with Patrick Todd at one of your establishments? A I'm sure she did. MR. DEVINE: Answer the question based upon your knowledge, not upon assumptions. THE WITNESS: I don't remember any specific incident. BY MR. SANDERS: Q Based on your experience with Patrick Todd and Beth Pramme how would you characterize their
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you -- that you billed the campaign for or did you treat it as an in-kind contribution? A I have no idea. I'm assuming there was. MR. DEVINE: Don't assume. THE WITNESS: There may be an invoice for it. (Exhibit No. 298 marked for identification.) BY MR. SANDERS: Q Mr. Nicholson, I've handed you Exhibit 298 which appears to be an e-mail from Mary Jerger to jdickert62@gmail.com and Beth Pramme? Do you see that? A I do. Q And it's an e-mail string with the original message being at the bottom from Patrick Todd at the Ivanhoe Pub and Eatery? A Yes. Q And it says, "Attached is an invoice for JD"? A Okay. Q Do you believe this would have been for the swearing in party in 2011? A Dates seem to match up. Q And it appears at least in the top part that Mary Jerger is trying to get permission to make payment. Do you agree?
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relationship? MR. COHEN: Objection to form. THE WITNESS: Volatile. BY MR. SANDERS: Did you assist Beth Pramme in Mayor Dickert's reelection campaign in 2011? I went to those two Weeds meetings that I can recall -Okay. -- and offered advice, or answered questions, had conversations. And I believe I asked you this before, but you also believe that you hosted some fundraisers and/or catered -Yes. -- for the -- during the election season? And you don't know whether or not you listed those as in-kind contributions or were ever paid back for the expense? I don't recall. MR. DEVINE: Excuse me. Form of the question. It wouldn't have been his obligation to create a list. That's a campaign document. BY MR. SANDERS: Right. But it would be his -- it would be his
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decision whether to treat it as an in-kind contribution or to be paid and that's the question. Do you know if you asked it to be treated as an in-kind -- that any fundraiser in the 2011 season or catering job that you did -I believe I was paid for them all. Okay. Home stretch. Mr. Nicholson, did you provide campaign contributions to Mayor Dickert in 2011 to protect your businesses in downtown Racine? MR. DEVINE: Asked and answered. He already denied that. BY MR. SANDERS: Did you, Mr. Nicholson, did you provide campaign contributions to Mayor Dickert during -- in between the 2009 election and the 2011 election to protect your businesses in downtown Racine? No. Did you provide campaign contributions to John Dickert between the 2011 campaign and the 2015 campaign to protect your business interests in downtown Racine? No. I have no further questions.
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STATE OF WISCONSIN ) ) ss. COUNTY OF MILWAUKEE ) I, ANNICK M. JAQUET, RMR, CRR, Notary Public in and for the State of Wisconsin, do hereby certify that the preceding deposition was recorded by me and reduced to writing under my personal direction. I further certify that said deposition was taken at HOSTAK, HENZL & BICHLER, S.C., Racine, Wisconsin, on the 6th day of May, 2015, commencing at 9:03 a.m. and concluding at 3:31 p.m. I further certify that I am not a relative or employee or attorney or counsel of any of the parties, nor a relative or employee of such attorney or counsel, or financially interested directly or indirectly in this action. In witness whereof, I have hereunto set my hand at Milwaukee, Wisconsin, this 26th day y of May, 2015. <%Signature%> <% %Signattur uree% %> ANNICK M. JA JAQUET, NNI NICK CK M JAQU QUET ET RMR, CRR Notary Public in and for the State of Wisconsin My commission expires September 29, 2017.
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1 MR. COHEN: Do you have 2 clarification? 3 MR. DEVINE: No. 4 MR. COHEN: I think I have just one 5 question for you. 6 EXAMINATION 7 BY MR. COHEN: 8 Q Mr. Nicholson, did you at any time ever bribe 9 John Dickert? 10 A Absolutely not. 11 Q Thank you. 12 (Proceedings concluded at 3:31 p.m.) 13 14 15 16 17 18 19 20 21 22 23 24 25
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2009 74:17,22 79:3 87:6 92:18 94:14,24 96:5 98:4 103:24 105:11,14 109:14 112:11,22 117:24 118:7,7 119:17 120:4,25 122:16 123:1 125:3,8,12,17 125:23 126:2,11,21 127:2,12,20 128:1,6 128:11,25 129:4 133:6,6,7 134:11,15 134:16,20 135:8,12 137:5,19 138:19,25 139:16,21 140:7 141:18 142:9,15,23 143:7,9,12,16,21 144:2,5,16,22 146:1 148:9,15,19,21 149:6,7,15,17,19 150:15 151:16,17 151:23 152:15,21 153:7,16,18,22 154:7,8,16,17 155:5 155:15,23,24 156:2 156:7,15 157:13 158:8 162:6 170:25 172:1 222:16 2010 74:6 93:25 158:1,2,3,7 160:9 160:10,11,12,25 2011 4:16,20 47:4 64:14 74:5 94:2 143:13,16,22 144:2 144:6,8 146:6,12,18 146:23 147:3,11 148:15,22 149:2 163:17 165:3,4,8 166:4,7,9 171:1,14 171:19,24,25 172:1 172:5,9,13,19,21 218:3,17,18,22 219:21 220:3 221:6 222:5,9,17,21
2012 72:19 73:16,19 169:25 2013 4:23 5:4 168:13,15,17 169:13 171:12 172:24 173:1,5,13 174:17 2014 6:11 44:14 76:22 77:9,19 78:25 180:20 211:3 2015 1:19 146:9,13 146:19,24 147:4,11 149:3 171:2,6,9,14 171:19 222:21 224:10,21 2017 224:25 208 1:8 6:11 217 5:7 218 5:7 219 5:9,9 22 165:8 172:24 173:5 220 44:7,23 45:9 216:1 223 3:5 23 156:7 160:10,11 168:16 231 157:6 24 165:13 25 168:15 169:13 262 2:9 26th 224:21 27 151:17 156:14 271-9595 2:4 273-1300 2:14 28 151:16 165:3 286 4:4 149:11,14 287 4:6 151:12,14 288 4:8 154:2,3,5 289 4:10 155:19,21 29 76:22 77:9,19 78:25 180:20 181:1 224:25 290 4:12 157:21,24
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[291 - african] 291 4:14 160:5,7 292 4:16 163:11,15 163:15 293 4:18 165:1 294 4:20 165:20,25 295 4:23 168:12,24 296 5:4 163:11 172:23 297 5:6 217:24 218:1 298 5:8 219:7,9 2:30 36:5,15 3 3 135:19 169:11 3/28/11 4:19 3/31/09 4:4 30 36:21,22 149:19 154:7 300 2:8 32:7 81:2,4 81:10,17 182:3 31 149:15 316 44:23 45:6 46:23,25 47:1 134:21 215:25 344.73 161:10 344.73. 161:3 3rd 182:6 4 4 150:15 164:2 4/19/11 5:6 4/29/09 4:6 400 135:19 414 2:4,14 4th 182:6,7 5 5/1/09 4:8 5/16/2009 157:6 5/20/2011 167:1 50 66:6 139:14 151:5,5,5,6 152:6,7 152:22 153:6,17,22 154:18 155:4,15,16 156:6,14 206:24
Page 2 500 82:2,4 174:24 175:3,18 520 157:8,18 525 81:24 200:1,7 200:12 205:20 210:8,22 53202-4105 2:4 53202-6622 2:13 53403 9:14 44:7 47:1,22 53403-1566 2:8 6 6 1:19 3:4 104:2 173:9,12 194:7,9,15 194:19,20 196:20 196:21,23 198:15 199:17 200:20 205:20,21 209:25 210:1,22 6/18/2010 162:13 6/28/2013 176:1 60 206:25 600 15:16 618.51 170:8 6200 141:2 632-7541 2:9 6th 100:13,13 103:12,13,21 104:25 122:6 198:15 203:16,16 203:18 208:11 209:9 224:10 7 7 151:23 152:14 154:16 169:25 7/1/09 4:10 7/20/10 4:12 7/20/11 4:21 7/22/13 5:4 7/23/10 4:14 70 207:1 700 175:8 735 2:3
75 66:16 67:6,16,19 194:1,5 7th 103:21 8 8 166:14,22 169:11 173:9,12 80 35:7,15 39:17 840 1:18 2:8 88 11:2,3 891.72 167:12,21 168:3,10 891.72. 167:5 9 9 31:4 152:21 165:13 90 10:24 97 10:24 98 10:25 11:1 9:00 31:4 9:03 1:19 224:11 a a&p 11:6 a.m. 1:19 36:5,12 224:11 abatement 63:13 ability 142:4 able 24:9 26:13 127:17 absolutely 126:19 163:10 168:7 196:8 197:17 210:24 223:10 account 137:24 138:1,3,5,10 140:12 140:16,18,19,25 141:1,2,5,9,11,13,16 accounts 138:6,8 140:21 141:19,25 141:25 acknowledge 171:10 202:12 act 148:2
action 224:18 activities 122:10 activity 18:21,23 acts 31:5,11 34:2,14 34:20 54:14 actual 94:6 additional 18:6 48:22 70:10 71:5 address 45:19 129:5 129:6 159:18,19 173:15 admin 11:9 administration 15:4 advertise 68:3 advertised 68:4 advice 15:5 94:19 183:3 186:23 194:22 195:1,3 196:12 197:4 199:20 200:6,6,10 201:1 203:7,9 204:15,18 205:21 205:24 209:18 210:23 217:17 221:10 advise 38:24 39:3 183:22 184:1 186:19 affirmative 127:16 africa 67:17 african 20:17,20,22 22:24 23:14 29:20 65:11,16,19,25 66:18,24 67:3,7 100:18 107:3 122:2 177:17 183:8,23 185:18,21 186:9 187:11,16,21,23 188:10 189:13,16 192:2 194:1,5 195:22,24 196:3 197:16 200:24 201:16,25 202:6 208:4,8
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[afternoon - assortment] afternoon 134:7,10 ago 42:1 43:23 44:18,19 47:3 50:22 93:2 113:5 138:10 199:18 211:5 agree 20:25 21:3 66:16 188:17 219:25 220:1 agreed 86:7 176:8,9 agreement 8:22 ahead 147:7 187:19 189:19 airframe 11:6 al 1:5,11 6:10,10 albright 74:11,12,13 alcohol 13:8,11 37:6 38:11 39:14 47:24 48:7 50:7 51:11,24 53:15,19 54:4,25 69:7 80:19 81:4,17 107:24 108:1,25 109:2,4 119:23 alderman 13:16 15:17 35:1 87:7,13 89:3 126:22 182:21 184:4,10 196:19 198:5,13 203:20 209:13,22 210:1,18 211:18,24 aldermen 49:12 79:25 80:4 211:9 allow 25:23 29:5 191:6 allowed 24:17,20,23 allows 47:15 alternative 31:14 amended 154:9 160:14 amendment 8:17,20 8:23 86:3,10,12 150:21 151:11 152:17 153:12,24 154:25 155:8 160:4 162:2 163:7 164:16
Page 3 american 20:17,20 20:22 22:24 29:20 66:18 67:7,17 185:18 189:13,16 194:1,5 195:22,24 196:3 197:16 200:24 201:16 208:4,8 americans 23:14 65:11,16,19,25 66:24 67:3 100:18 107:3 122:2 177:17 183:8,23 185:21 186:9 187:11,16,21 187:23 188:10 192:2 201:25 202:6 amount 109:18 112:8 151:8 157:8 159:20 161:3 163:5 167:16,22 174:1,24 176:8 181:12 amounts 137:15 151:5 161:19 amy 76:11,13 andrew 75:21 76:5 annick 1:24 224:3 224:23 announce 61:14 announced 209:1 anonymous 124:9 135:1,5 answer 7:17 28:11 32:13,21 33:10 49:1 49:2 84:17 86:4 92:20 102:2 106:21 127:17 181:2 187:1 198:2 206:8 220:18 answered 67:9,11 86:25 106:17 112:25 147:6 183:4 183:5 187:18 189:19,21 191:9 211:14 221:10 222:11
answering 33:12 answers 86:5 110:2 anybody 14:16 22:17 39:3 62:4,11 79:10,14 109:4 113:18 121:2 132:8 175:19 182:16 188:1,5,7 198:12 203:11 apologize 9:6 appear 58:1 202:25 218:4 appearing 2:5,10,15 appears 154:14 158:21 159:8 160:13 164:8,8 168:15 173:4,25 176:5 218:2 219:10 219:23 application 13:17 17:6 71:23 211:20 212:2,22,25 applications 58:6 applied 79:8,8,21 81:22 210:25 apply 216:14 applying 17:5 appoint 214:8 appointed 214:6 215:4,12 appointment 214:14 approach 95:25,25 approached 54:2 96:2 212:14 appropriate 33:13 approval 14:3 42:6 42:8 57:25 68:18 199:11 215:20 approximately 30:11 80:8 april 72:19 151:16 151:17,23 152:14 152:21,21 153:7,16 153:18,22 154:7,16 154:16 155:5,15
156:7,14 211:2 218:3,17,24 area 64:8 103:20 207:24 argument 220:15 argumentative 27:10 187:13 193:18 arguments 58:23 armadillo 63:14,15 arndt 210:17 aron 89:14 130:14 arrive 78:12 arrived 78:14 articles 15:9,11 aside 53:22 122:18 asked 18:1 28:8 35:8,14 36:7,11,14 37:5 58:1 67:8,10 70:17 71:25 72:6,7 86:20,24 106:16,21 112:24 113:2,4 147:5 183:13,17 184:14 187:4,18 189:18 190:13 196:20 199:8 205:19 206:3 211:11,13,22,22 221:12 222:3,11 asking 6:25 25:16 32:12 43:1 53:1 91:6 150:16 167:24 190:7 192:20 193:20 204:7 assist 101:22 102:16 131:15 143:10 171:24 172:2 221:5 associate 24:2 associated 14:16 23:13,20 24:4 35:1 197:15 207:22 association 21:20 38:2 assortment 139:15
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[assume - believe] assume 64:17 83:10 114:16,20 161:16 161:16 164:17 170:11 218:24 219:4 assumes 100:25 105:23 181:4 assuming 43:8 214:9 219:3 assumptions 43:10 220:20 atm 40:2,4,11,13,14 40:19,21 41:6 42:12 42:15,18 43:2 140:4 140:7,12,22 142:4 atms 40:5 140:5 attached 5:24 219:18 attaches 139:8 attempted 52:21 53:21 72:14 attend 10:14 95:19 95:21 118:5 119:25 122:13,19 177:17 208:15 attendance 87:16 101:5 120:23,24 202:1 attended 95:20 100:1 101:3 171:20 201:25 202:3 208:18,20 attending 122:23 attitude 197:14 attorney 5:21 6:9,21 7:18 224:14,16 attorneys 6:14 7:16 attracted 192:1 august 169:25 austin 75:16,17 authority 141:24 214:5 215:6,9,13,15 avenue 1:18 2:8,13 9:13,15 150:9 159:17
Page 4 aviation 11:6 aware 24:20 49:20 61:25 70:20 118:20 118:25 119:4 122:22 128:25 129:4 142:5 175:18 175:22 191:20 201:24 208:8,12 b b 4:1 5:1 13:2,5,7,14 14:9 16:6 44:11 47:17 48:1,23 49:6 49:10 69:14,18,22 70:2,7,8,9,19,23 79:9,21 210:25 bach 99:2,4 136:6 bachelor's 11:9 back 8:7 18:13,18 28:13 29:1 32:1 43:2 48:22 54:9 60:14 70:25 73:1,25 98:4 110:18,21,23 111:12 124:19 127:8 138:19 147:24 158:15 165:17 166:16,19 168:2,5,10 170:8 176:10 178:5 196:21,23 221:18 background 54:13 badgering 202:10 202:11,14 baggy 18:14 23:25 24:2,5,7 26:10,12 26:23 27:4 30:2 191:4 ban 27:6 band 34:6,8,19 68:14 bands 31:12 bank 98:13 138:11 138:13,20,21,25 139:1,3,5,7,10,13,15 139:19,23 140:2,12
140:21 banker 96:18 banks 137:19 138:8 banned 27:4 bar 27:21 32:11 36:25 38:21,21 39:21 47:12 49:25 50:10 51:16 56:19 56:21 59:19,20,21 59:23 60:20,22,23 60:25 62:7,13,20 63:11 69:19,23 70:3 73:6,12,15,18,24 74:2,7 77:21,25 78:7 81:24 83:6 85:13,20,25 93:8,24 102:12 104:5 105:19 109:5 110:13 112:23 123:2 124:3 126:23 137:12 138:18 176:25 177:18,18 177:21,23,24 178:12 181:22 183:3,9,19,23,24 187:25 188:2,4,6,18 188:24 189:1 190:17 191:7,11,18 191:22 192:6,14,17 193:3 194:21 196:10 199:17,22 200:7,12 201:6,8,10 201:14 203:10 204:4,16,21 205:4,9 205:9,11,16,20,22 206:16 207:22 208:8 209:16 210:8 210:12,14,21 bars 49:7,10,21,23 58:9 69:13 70:2,8 102:25 103:23 104:1,18,19 128:7 199:19,25 200:13 205:25 213:22 216:19 220:7,8
bartender 11:18 61:9 75:4 bartenders 29:16 36:23,24 61:7 134:13 base 185:23 baseball 23:19 50:18,19,23,24 based 27:25 28:5,17 32:4 197:13 200:4 220:19,24 basement 42:3 96:4 96:8,10,11 99:20 101:4 120:13 basis 21:23 62:12 65:19 175:10 basketball 201:17 battle 14:22 212:18 bay 45:21,22 beaters 18:16 becker 42:17 82:9 82:18 85:2,5,6,15 85:21 86:19,20,22 87:4 99:1 214:7 becker's 82:16 83:2 83:11,15 beer 13:12 80:23 108:2 began 42:15,19 beginning 58:4 74:1 133:6 behalf 2:5,10,15 37:13,17 148:8,25 behavior 197:14 believe 10:23 14:2 14:12,19 15:9 16:24 17:4,11 19:21 22:5 23:1,3 25:4 30:4 31:4 32:7,16,17,17 41:11,17,18 42:4,10 44:18 45:7 47:5 48:12 59:12 60:13 60:18 61:5 63:22 65:20 69:16 73:10 73:14 77:16 80:23
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[believe - camera] 82:3,19 87:19 88:4 88:10 90:4 91:8 94:2,12 97:6 98:25 104:5 105:12 107:11 109:5 110:14,17,21 111:11,15 112:4 113:2,22 114:10 116:23 118:3 119:24 127:19,25 128:5 131:19 135:11,14,15 138:2 139:18 140:23,24 141:1,8 143:11 144:3,25 147:12,23 148:1,11 180:4 189:22 190:2,12 191:12 192:1 196:2 196:11,18 199:4,18 200:1 202:5 206:25 209:6 212:10 214:7 214:23 215:17 216:21 217:4 219:20 221:12,13 222:6 believed 23:19 116:24 bell 217:14 best 206:8 beth 5:8 144:10 219:11 220:2,25 221:5 better 46:12 101:24 beverages 108:3 beyond 53:2 86:8 131:24 bichler 1:17 2:7 224:9 big 70:22 201:3,9 big's 136:23 137:7 bill 108:5 109:12 110:15 111:9 147:21 billed 219:1
Page 5 bills 138:16,20 birth 10:4 birthday 51:17 bit 123:3 171:22 220:4,7 black 20:14,23 21:9 21:11 27:7,21 66:4 186:4 195:20 207:17 blacks 22:24 183:14 183:18 blank 165:18 block 76:24 78:8,9 78:17,18,19 80:8,10 80:10,12,14,16,17 80:19 81:2,4,10 82:2,4 103:10,14 135:18,19 147:19 147:20 177:3,4 179:15 182:3 blocks 80:16 81:18 184:20 blue 200:3 201:1 205:20 209:4,7 210:22 blues 31:14 bmo 137:21 board 38:6 105:8,16 199:5,7,9,13 214:3 214:6,8,10,18 bob 74:13,23,25 body 216:11 born 10:6 bottles 69:24 bottom 149:18 153:15,15 155:14 159:5,8,15 162:11 164:3 165:8 166:7 167:6 173:21 219:15 bought 12:2 bouncer 11:17 box 63:18 167:6 boy 10:1
boyd 96:17,18 98:22 98:24 boys 9:25 brainstorm 106:23 107:1 brainstormed 99:18 brainstorming 97:21 106:22 121:19 brandon 73:11,13 75:10 break 7:23,24 8:2 9:4,6 55:13,16 86:13,16 91:4 117:17,20 163:9,12 171:22 breaking 195:13 breath 90:17 brendan 73:7 75:14 bribe 223:8 brim 50:19 bring 26:18 83:4 126:23 bringing 101:21 broad 101:14 broke 91:6 117:22 broken 43:25 124:15 159:1 brought 26:20 83:9 211:16,25 building 16:20 45:1 48:9,10 103:9,11,12 104:6 134:22 buildings 44:21,22 44:24 103:4,5,6,20 105:4 built 12:10 bump 165:17 bunch 15:5 197:4 210:9 busier 66:2 business 11:9 12:22 13:21 29:19 30:12 32:11 38:3 40:10,15 42:21,22 99:24
101:25 102:2,23 116:10,12,17 126:17 128:2 137:24 140:8 141:11,19,25 159:19 168:7 173:18 178:25 179:4,5 184:20,22 184:25 190:5 192:6 192:17 193:12,17 194:23 196:16 203:1,8,10,11,12 208:10 215:21 222:22 businesses 12:24 29:22 39:23 40:1,11 44:4,15 45:12,24 46:19 47:19 48:16 49:16,18 100:13,23 101:5 102:24 106:4 106:24 121:22 122:6 142:6 213:12 213:13,15 222:9,17 businessman 184:19 butler 201:22 butler's 202:4 c c 2:1 9:11 15:9 call 18:15 51:22 60:13 77:15,17 called 6:2 12:3 55:21,24,25 56:3,18 57:1,8,12,22 58:1,8 58:13 59:3,10,16 60:7,9,11,12,20,22 60:25 61:25 100:22 163:17 207:23 210:1 calls 179:5,7 184:6 188:21 192:4,19 193:4 200:15 201:15 213:4 camera 63:19
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[cameras - city] cameras 52:4,5,6 campaign 4:4,6,8,10 4:12,14,16,18,20,23 5:4 8:18,18 16:25 17:3 82:16 83:3,11 83:13,15,18 86:21 87:3 91:23 92:1,4 92:18 94:7,7,12 95:10,11 96:4 97:8 97:10,13,19,23 98:5 98:19 99:5,6,8,9,15 100:2 101:9 102:6 102:12,17 106:5,10 106:13,20 108:5 109:12,14,22 110:16,18,20 111:9 111:22 112:3,9 113:9,19 114:2,3,24 115:4,9,15,16 117:24 118:7,9,13 118:17,22 119:1,6 119:12,15,17 120:5 120:8,12,17 121:18 122:13,19,23 124:4 124:10,14,15,22 125:1,3,4,8,12,16,17 125:23 126:8,10,15 126:21 127:20 128:11,14,18,23 129:2,10,11,18,21 130:14,17,20 131:21 132:3,10,16 132:21 133:2 135:5 135:8,9,13,20,22,25 136:2,3,5,6,9,10,10 136:11 141:21 142:8,9,18,25 143:6 143:10,15,21 144:16,18,22,24 145:3,5,8 146:3,6 146:10,12,13,18,18 146:23,23 147:11 147:17,18,21,24 148:3,3,8,8,14,23,25 149:4,14 150:12,14
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casablanca 80:21 case 1:8 71:18 218:4 cash 83:23 84:6,12 84:16 92:1,5 109:5 110:13 115:3 118:8 118:21 123:23 124:7,13 126:4 129:1 130:25 131:3 137:10,12,15,18 142:24 143:5 172:8 172:14 174:13 catch 90:16 cater 195:23 201:11 catered 90:25 91:9 147:13 196:2 221:14 catering 119:14 147:10,15,22 161:17,18 222:5 caucasian 20:17 21:2 causing 205:15 cd 32:1 cds 32:7,8 center 47:25 48:3,7 149:8 150:25 ceremony 218:7,9 218:10,11 certain 38:10,14 39:7,11,12 118:4 144:14 183:15,20 196:7 198:25 215:18 216:21,22 certainly 13:16 19:18 25:22 26:17 40:18 56:22 77:11 certified 1:25 certify 224:5,8,13 change 30:6,9,14 54:3,18 55:9 72:1 190:10,12 217:2 characterize 66:3 220:25 charge 215:15,17
charity 38:5 check 61:3,5,7,10 64:20 92:2,6 110:23 118:12 119:1 131:1 140:4 141:24 157:17 161:9 167:7 167:12 172:15 174:11 checked 154:12 checking 56:16 170:10 checkmark 164:9 checkmarked 165:7 checks 61:11,17,19 64:12 83:24 84:9,19 115:8 141:19 142:8 161:16 172:11 chef 80:24,25 103:10,17 chicago 6:16 children 9:23,25 chose 201:12 chris 76:16 cigarettes 56:8 circumstance 84:1 circumstances 35:12 cite 86:9 city 13:20 14:15,17 14:24 16:8 17:3,8 17:22 18:1,5 34:24 35:2,8,14 36:3,7,8 36:11,14 37:6 40:8 41:7,9,13,14,18,22 41:25 42:3,4,8,20 42:23 43:6,15,21 44:2 45:22 49:14 52:21 53:5,8,11,14 53:21 54:7,7,17 55:8,11 68:17,23 69:17,21 70:1,9,17 70:21 71:3,4,19,25 72:13 84:7,10,13,22 100:3 126:22,23 128:2,13,17,21
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[city - consideration] 129:25 175:13,21 198:13 212:17 213:24 214:3,4 215:22 217:2,4 city's 217:12,20,22 217:23 civil 6:11 58:21 60:19 claim 198:1 claiming 8:24 clarification 88:6 223:2 clarify 43:20 clarifying 123:18,19 class 13:2,5,7,14 14:9 16:6 44:11 47:17 48:1,22 49:6 49:10 69:14,18,22 70:2,7,8,9,19,23 79:9,21 210:25 clean 100:7 cleans 37:1 clearly 53:1 clientele 31:1 185:1 185:2,4,5,7,13,17,23 185:24 190:15 195:24 196:3,13 199:21 210:7,23 clinton 15:3 close 15:23,25 36:11 36:14 39:21 62:7,13 62:20 128:7 closed 181:8 closer 182:6 closing 36:2,3 60:2,4 64:19,23 65:1 69:23 70:4 201:4 club 47:11 51:8 81:5 81:6 coats 24:17 26:16,21 cocktails 197:5 code 18:9,12 24:1,11 25:1,3,19,21 26:2 27:6,7,14,20,23 28:15 30:2,6 38:15
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college 9:13,15 10:14,17,18 150:9 159:17 color 186:6 197:13 column 151:4 157:8 158:22,25 159:9,22 159:24 162:16,19 164:9 174:2,25 columns 159:3 come 8:6 34:10 62:12 77:15,17 78:23 114:18 115:20 123:2,10 126:1 134:5,7 187:17,21,23 193:3 196:21,23 202:7 213:11 comes 138:17 148:5 208:4 comfortable 187:7 187:10 190:8 coming 30:17 40:20 61:15 73:10 98:1 100:18,20 102:2 183:8 commencing 224:11 comment 79:11 comments 191:17 commission 72:8 224:25 committee 13:24 14:5,15 34:25 42:7 42:8,11 55:22 56:1 56:4,11,18 57:2,9 57:14,23 72:14 78:24 79:11,15,19 95:17 96:7,14 97:1 97:2,6 100:16 125:20 126:24 127:5,14,23 144:1 168:14 170:24,25 171:5 192:13 193:1 195:9 211:7 213:3 213:21
common 14:2,5,6 19:2 23:8 28:3 34:25 58:2,8 79:24 80:5 213:3 communities 101:19 197:16 community 68:8 100:4 company 12:2,12,14 12:17 42:24 44:5,9 52:15 compare 167:25 compared 167:18 competition 91:14 compliance 62:1 64:11,20 compound 69:2 concentration 79:16 80:2 211:9,16 concern 8:18 18:19 25:8 26:12 79:14 80:1 168:6,9 189:6 211:8 concerned 26:15,17 27:13,20 176:12 186:9 189:9 concerning 8:24 186:21,22 concerns 49:19 concluded 223:12 concluding 224:11 conducive 26:4 31:1 50:25 187:6 conductive 190:15 conduit 148:2,3,5 158:25 159:10 173:23 174:22 conference 8:14 consider 16:1 22:8 47:11 66:23 87:11 88:17 98:15 167:21 177:12 consideration 97:5 127:4,13,22
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[considered - day] considered 67:3 consistent 35:20 37:3 consistently 37:21 178:9 constitution 86:3 construction 30:19 consultant 15:1 contact 104:11 128:20,22 contacted 13:16 15:17 196:19 context 72:8 82:15 112:3 continue 143:9 171:24 172:1 continuing 4:16,20 4:23 5:4 155:25 158:2 160:13 163:18 164:16,19 166:4 168:13 173:1 contract 41:2,11,18 41:19 contracts 41:6,21 42:9,20,23 43:7 128:2 contribute 16:25 83:15 102:12 118:8 118:12,16 120:7 contributed 17:2 118:21,25 119:4 126:10 129:2 131:20 132:2,9 152:6,7 contribution 92:1,5 108:12,12 109:20 110:19 111:17,19 112:4 118:17 119:6 130:25 131:5 141:21 142:18,24 142:24 145:8,20 150:19 160:1 162:9 162:22 163:3,5 174:1,4,7 175:6,13 175:19 204:1 219:2
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83:21 85:19 93:14 95:3,4 120:13 140:17 144:19 150:2,3,10,11 164:22,24 167:16 171:8 176:14 178:6 202:20,21,23,24 209:21,23 corresponding 150:23 council 14:3,6,6 34:25 58:2,8 79:24 80:5 212:17 213:3 counsel 5:25 224:14 224:16 counted 119:5 181:12 country 193:23 county 91:17,20,20 91:23 92:24 94:3 224:2 couple 30:17 31:8,9 176:21 court 1:1 cover 25:16 covered 25:13 covers 25:18 crawl 204:8 create 68:13 221:23 creed 197:13 creek 46:17 crime 101:14,16,18 crosswalk 60:12 crowd 60:1 61:10 66:23 67:3 177:15 177:22 186:17 187:4 188:19 189:22 192:9,23 193:9,25 194:4 199:24 200:14,16 200:19 crowds 60:4 63:4 65:1,5,7 177:7,11 192:2
crr 224:3,23 cuisine 51:5 current 73:5 currently 9:12 103:2 customers 30:17 cut 59:13 cv 1:8 6:11 cycle 112:9 117:6 146:14,19 164:16 164:21 171:1,1,2,6 171:6,13 cycles 169:1 d d 3:1 9:10 daily 21:23 65:19 139:25 140:1 dan 2:3 6:8 dance 67:25 68:1 dancing 47:16 date 10:4 30:10 151:22,23 152:6 153:1,10 154:17,22 155:6,10,17 156:8 156:17,20 161:7 163:19 166:8 174:4 dated 4:16,19,21,23 5:4 149:15 151:16 154:6 155:22 157:25 160:9 163:18 165:3 166:7 167:1 168:14 169:25 172:24 173:12 174:17 dates 150:19 151:7,9 157:15 161:19 219:22 david 89:6 130:12 day 21:17 30:18 51:15 64:5 65:23 66:21 95:23 126:2 131:10,10 133:9,15 133:22,23,23 134:2 134:4,16,18,18
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[day - disbursement] 224:10,21 days 35:22 deal 211:18,25 december 17:11 96:1 decision 14:7 222:1 declaring 94:16 declines 86:4 deep 137:9 defendant 2:10 86:2 defendants 1:11 2:15 6:18 define 32:20 65:14 139:3 definitely 34:16 185:24 definition 15:25 32:10,13 47:14 66:10 197:12 207:15 degree 11:3,4 delivered 5:20 demanded 192:13 dematthew 168:16 168:19,21,22 170:20 171:8 173:5 denied 202:13 222:12 denominations 139:9,20 department 14:16 39:6,10 49:20 53:17 54:8,17 55:8 61:6,6 61:18,19 62:2,4,11 62:12,18 64:11,18 72:3,4 73:2 depend 83:25 depends 65:23 66:20 67:20 deposit 140:5 deposition 1:15 6:19 6:23 7:12,22 224:5 224:8 deposits 139:25 140:1
Page 9 derogatory 197:18 197:23 198:6,9,14 describe 22:4 101:8 description 4:2 5:2 design 215:19 216:13,16 desire 94:17 detect 24:10 devine 2:7 6:21,21 7:18 8:12 19:8 20:11 21:18 25:14 27:15,18 32:12,19 32:22,24 33:1,5,9 33:12,17,18,21,22 40:23 41:1 43:10 49:25 52:24 55:14 63:23 65:13 66:5,9 66:12 69:9 71:15 74:18 78:4 81:19 83:25 84:3 85:22 86:9,15 90:16,20 91:2,11 102:7,13,18 104:13 105:22,25 106:6,14 108:7,13 108:18 109:9,15,23 112:24 113:4,10,15 113:21 114:25 115:5,11,17,23 116:2 117:19 118:10,14,18,23 119:2,7 120:9 123:3 123:7,12,19,24 124:5,11,17,24 125:13,18,24 126:5 126:12 127:15 129:13,19 131:22 132:4,11,17,22 133:3,16,19 135:3 136:7,12,15,18,21 138:22 139:2 141:22 142:10,16 142:19 143:1,17,23 145:11,17 146:15 146:20,25 147:7 150:16,20 151:10
151:25 152:8,16 153:2,11,23 154:24 155:7,11,18 156:9 156:18,21 160:3 162:1,24 163:6 164:15,20,23 166:16 167:18,24 169:7,11,14,18 172:19 178:14,19 178:21 180:23 183:12 186:21,25 187:13,18 189:18 192:3,19 194:11,13 197:25 198:20,24 202:7,10,12 203:4 206:1 211:11 218:6 219:4 220:18 221:21 222:11 223:3 dhsanders 2:5 dickert 1:11 5:7 6:10 82:5,7,8,15,23 83:1,8,8 89:1,2 92:15 94:10 95:22 95:25 97:12,22 98:4 98:7 100:16,23 101:8,23 102:10,15 104:10 105:20,20 106:4,8,13,20 107:6 107:8,14,21 108:5 109:8,12 112:22 113:5,7,20 114:7,23 115:4,16,22 116:21 117:12 118:8 119:22,25 122:16 124:2,7,13,19 125:2 125:8,11,15,23 126:7,15,16 127:2 127:12 128:1,6,11 129:23 131:13,17 131:18 142:25 143:6,21 145:16 146:2,6,9,13,18,23 147:4,11,17,18 148:8 149:4 150:14
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161:3 dollars 126:4 139:14 don 96:19,20 98:9 114:15 121:1,5 136:20 don's 98:16 donate 128:14,18,23 donated 83:18 152:22 donation 135:2,5 153:17 donations 8:19 83:20 84:6 85:20 86:1 106:5 109:7 129:7,16 136:2,5,9 136:10 143:5 146:17 153:6,10,22 154:18,21,22 155:5 155:6,10,15,16 156:14,17,20 door 78:21 doormen 17:14 29:16 52:3 doors 97:20 106:15 106:19 double 183:13 doubt 191:5 doug 2:10,15 159:17 162:12 173:15,22 douglas 1:15 6:2 9:10 104:3,4 dower 75:14 download 32:5 downtown 14:24 16:22 49:16,18 79:3 79:4,16,20 81:13 100:7,10,18,20 101:6,16 102:5 103:6,8,20 105:1,4 106:24 107:2 116:10,12,17 121:23 122:2,7 126:17 128:7 184:19 189:1 198:18 199:19
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east 2:13 103:18,19 135:17 182:4,5 eastern 1:2 6:12 eatery 16:22 167:2 176:1 219:16 eclectic 51:4 educators 138:5,9 141:9,13,17 edward 9:10 eight 43:23 44:19 48:15 either 31:4 34:24 120:14 189:2 204:9 elected 17:7 85:11 158:8 election 83:18 94:14 94:24 95:10,23 112:9 117:6,7,9,12 117:14 126:2,11 133:7 142:15,23 143:9,13,13,16,16 143:21,22 144:2,5,6 144:8,17,22 145:6 146:1,14,24 147:3,4 148:15,15,21,22 149:2,2 158:8 162:6 165:4 170:25 171:1 171:2,6,6,13,25 172:6,16,18,21 221:16 222:16,17 electrical 148:6 emphasize 101:9 employ 184:2 employed 90:5 employee 56:8 75:6 76:3 186:5 220:12 224:14,15 employees 36:17 37:2 48:6 70:3 132:2 133:8 134:11 142:5 185:14 186:1 186:8 189:7,15 employer's 129:6 employment 11:10 11:11,21
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Page 11 equates 193:11 equipment 70:18 establish 216:22 establishment 26:19 26:21,24 27:1,5 35:3 47:6 73:2 88:8 88:19 161:14 202:4 establishments 48:23 56:20 70:19 70:23 72:16 80:18 93:4 119:17 216:23 220:16 et 1:5,11 6:10,10 ethics 214:3,6,8,11 214:18 evelyn's 81:5,6 181:16 evening 31:3 35:9 62:6,24 77:1 event 51:21 56:11 62:25 157:7,13 162:8 170:16 204:9 218:17,25 events 38:5 51:16 58:13 68:8 157:16 202:22 eventually 154:1 everybody 194:20 206:8 everybody's 7:25 evidence 101:1 105:24 181:5 exact 36:18 42:24 190:6 exactly 101:12 examination 3:2 examined 6:4 excessively 18:14 excluding 57:4 exclusive 28:8 excuse 165:13 218:11 221:21 exercising 86:2 exhibit 4:2,4,6,8,10 4:12,14,16,18,20,23
5:2,4,6,8 149:11,14 151:12,14,21 154:3 154:5 155:19,21 157:21,24 160:5,7 163:11,15,15 165:1 165:2,14,17 172:23 172:23 217:24 218:1 219:7,9 exhibits 5:24 expect 127:6 expectation 126:20 127:1,10 expediency 48:25 expenditure 157:11 170:6 expenditures 157:2 160:20 166:15,22 169:5,23 expense 157:19 221:19 expenses 108:11 experience 23:4,6 23:17,18 26:6,9 27:25 28:5,17 29:19 61:12 213:1 220:24 experienced 192:5 192:16 expires 224:25 explain 13:13 eye 149:8 150:25 f f 74:15,15 facade 215:16,18,22 215:25 216:4,6,9,12 216:19,24,25 face 25:9,12,18 160:9 faces 25:13,17 facility 93:13 facts 100:25 105:23 181:4 fair 51:7 71:1 203:19 204:15 206:18
fair's 203:24 familiar 37:9 181:22 family 9:18,19 far 78:16 80:14 151:4 157:8 158:22 159:22 162:19 164:9 174:2,24 favor 15:14 favorable 127:4,13 127:22,22 february 165:8 federal 6:11 fee 40:16,19 feedback 49:18 fees 40:20 feet 137:2,2,8,9,9 felt 202:25 festival 41:14,25 fifth 8:16,20,23 86:3 86:10,11 102:8,13 102:18 104:13 105:25 106:6 108:7 108:13,18 109:9,15 109:23 112:25 113:11,17 114:25 115:5,11,17 118:10 118:14,18,23 119:2 119:7 120:9 123:8 123:12,20,24 124:5 124:11,17,24 125:13,18,24 126:5 126:12 129:13,19 131:22,24 132:4,11 132:17,22 133:3 136:7,12,15,18,21 138:23 141:22 142:10,19 143:1,17 143:23 145:17 146:15,20,25 150:20,24 151:10 152:16 153:2,11,23 154:24 155:7,18 156:9,18 160:3 162:1 163:6 164:15
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ivanhoe's 14:13 16:3,6 51:3 56:5 57:2 137:12 178:5 187:10,17 j j 1:5 2:12 76:9 jacket 24:15 james 89:10 130:10 168:16,19,21,22,25 173:5 january 4:16,23 163:17 164:19 168:13,15,16 169:13 jaquet 1:24 224:3,23 jar 85:20,25 109:7 112:22 124:2 jason 77:22 jd 219:18 jdickert62 219:11 jeff 15:18,19,23 87:18 88:1,25 108:2 111:1 113:3 148:18 182:19 191:12,14 196:19 203:22 jeremy 75:8 jerger 5:8 90:10,14 90:22 96:21 121:13 125:6 144:18,21 146:1 149:18 151:17 154:7 156:2 158:3 160:10 163:19 165:8 166:8 219:10,24 jim 170:20 171:8 jj 104:11,15,17,18 105:6 132:19 212:4 217:11 jj's 181:19 job 222:5 jobs 101:13 203:22 joey 89:2 102:15,20 102:22,23 105:13 122:13 128:12
132:14 212:4 217:4 217:6,8,8,11 joey's 103:13 104:2 104:2,2,3 john 1:11 5:6 82:5,7 82:8,15,23 83:1,8 89:1,2 92:15 94:10 95:9,22,25 97:12 98:7 99:19 100:16 100:23 101:3,22 102:10,15 104:10 105:20 106:4,8 107:6,8,14,21 109:8 109:21 114:7,23 115:4,22 116:21 117:11 118:21 119:21,25 120:12 121:1,4 124:2,7,13 124:19 125:15 126:7,15,16 128:1 128:11,18,23 129:10,22 131:13 131:17,18,21 132:2 132:9,15 144:10 145:16 151:16 155:22 157:1,14,25 158:7,17 160:19 161:6,13,21,23 162:4 163:16,24 168:22 170:21 171:23 172:5 175:16,21 176:14 209:2 218:3,11 222:20 223:9 john's 99:5 johnson's 120:3,7 join 206:2,11,13,17 206:18 208:6 212:11 joined 199:3 212:9 212:20 josh 73:6,10 journal 15:12,13 judge 6:13 110:7,8
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[jukebox - legath] jukebox 31:2,3,20 31:21,22,24 32:1,3 32:9 193:22 july 4:20 5:4 155:23 155:24 156:2 158:1 158:2,3,7 160:9,9 160:11,12 166:4,7,8 172:24 173:1,5 june 173:12 174:17 justin 76:18 k kampagne 182:24 186:15,24 190:4,18 191:1,21 198:10 206:10 kaplan 89:10 130:10 keep 8:1 27:7,21 137:10,12,15 138:13,16,17 183:7 183:14,18,19,23 keith 203:19,24 204:15 206:18 kenosha 10:17,18 11:20 96:16 kept 139:17 196:16 kickoff 135:9 kids 22:2 32:19 kilbourn 2:13 kind 7:22 11:11 31:10,10,13 47:6 102:24 108:12 109:20 110:19 111:16,19 112:4 118:16 119:5 143:20 146:22 158:23 159:1,23 160:1 162:9,20,22 163:2,5 164:9,13 167:8 170:3 173:23 174:22 176:3 200:16,19 219:2 221:18 222:1,4 kinds 88:14
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lathrop 104:2 latino 23:1,3 194:2,5 200:24 latinos 23:15 100:20 107:3 122:2 177:20 183:8,14,19,24 185:22 188:3,14 192:2 laura 15:7 law 6:14 52:18 217:13,20,22,23 lawsuit 6:11,12 lawyer 33:19 132:7 lawyers 7:13 league 37:9,19,25 38:1,7,9,13,24 39:3 54:2,8,18 55:9 102:11,17 104:12 105:6,9,11,13,17 116:20 122:18,23 128:13,16,20,22 133:1 143:5 206:11 206:14,17,19,22 207:2,4,6,17 208:6 208:7,9,13,16,17,19 208:21,25 212:7 217:1,3,6,9,12,15,17 217:19 leanne 73:20,23 74:3,25,25 75:23 lease 40:10,12 41:9 45:4 leases 104:6 leave 165:18,19 lee 207:21 left 73:19,23 74:23 139:17 158:22 159:22 162:19 164:10 legal 36:2,3 legath 89:3 102:15 102:20,22,23 105:13 122:13 128:12 132:14 212:4 217:11
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nine 43:23 nod 7:6 nodding 7:20 81:7 185:3 noises 7:6 nonprofits 111:23 normal 49:5 53:23 55:2,11 71:2 168:7 normally 131:8 north 2:3 78:21,22 81:12 nos 163:11 notary 224:3,23 note 181:3 notice 165:11 184:21 nuisance 63:13 217:12,20,22,23 number 21:20 36:19 37:2 185:21 numbers 165:17 o o 6:5 9:10,11,11 223:6 oak 46:17 oath 6:4 object 21:19 27:16 33:8 52:25 78:4 112:24 180:23 197:25 203:4 objecting 33:1 objection 19:15 21:14 27:10 28:2,9 29:23 32:23,23 53:3 62:8,14 63:6 65:3 65:12 66:13,19 67:1 67:8,18 68:10 69:1 70:13 78:2 84:2,3 86:24 87:8,21 100:25 105:22,23 106:16 112:1 133:16,19 147:5 148:10 167:17,23 177:14 178:1
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p p 2:1,1 4:4,6,8,10,12 4:14,21 5:5 p.m. 1:19 223:12 224:12 pace 134:9 pacific 99:24 page 3:2 4:2 5:2 149:16,18,20,21,23 149:24 150:4,7,23 150:24 151:3,18 152:19 153:4,5,14 154:9,13,14 155:2,3 155:13 156:3,3,5,11 156:23,25 157:1,4,5 158:4,14,16,16 159:5,8,13,13 160:14,17,18,19 162:11 163:22,22 163:24 164:2,4 165:5,9,13 166:5,14 166:22 168:16,17 169:6,10,21 173:8,9 173:11,12 175:23 pages 169:4 175:24 175:25 paid 97:12,13,15 108:16 109:3 111:12 168:2,5,10 170:8 174:13 176:10,13 221:18 222:2,6 pants 18:14 23:25 24:2,5,8 26:10,12 27:5 30:2 191:4 paper 139:8 park 10:11 11:1 19:23 20:8,19 21:5 21:12,23 22:18 23:18 27:25 28:1,5 28:18,18 41:16 60:12 194:7,9,15,19 194:20 196:20,21 196:23 198:15
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[wife - zoo] 146:17 149:7 150:13 151:6 152:6 152:14,20,22 153:1 153:6,9,17,21,21 154:17,21 155:4,10 155:15,16 156:6,14 156:20 172:14 175:8,18 wife's 84:16,19 124:16 150:5 151:22 154:16 williams 96:24 97:1 98:19 106:8 114:9 120:12 123:2,10,15 123:22 124:8,19,21 125:10 126:1,7 142:13,25 willing 199:8 wine 13:12 winter 24:15 149:7 wisconsin 1:2,18 2:4 2:8,13 6:12 9:13 38:1 44:7 47:1,22 81:14,15,17,23 82:2 135:2,6 224:1,4,10 224:20,24 wisneski 89:14 130:15 withdraw 165:14,16 witness 6:3 19:9,16 21:15 28:20 29:24 41:2 43:12 46:9 62:9,15 63:7 66:14 66:20 67:2,13,19 68:11 69:3 70:14 71:16 85:23 87:1,22 91:12 113:22 116:3 121:8 133:20 145:14 147:8 148:11 163:8 177:15 178:2,24 179:12 181:6 185:10,11 187:20 189:21 192:8,22 193:6 194:12 196:1
Page 30 198:25 202:22 205:6 206:3 207:9 211:15 213:6 219:5 220:21 221:3 224:19 women 69:7 won 171:23 word 7:7 158:23,25 words 7:5 151:2 wore 26:7,10,20,23 30:19 work 8:25 18:6 30:18 46:2,16 83:11 93:4,7,10,12,16 94:3 134:3,8 149:8 worked 11:12,17,22 15:2 30:18 46:17 73:9 75:19 76:8 97:8 98:12 133:8,21 133:21 worker 94:7 working 77:11,13 77:18 works 41:23 75:17 worn 23:19,20 50:19 190:19 wrap 138:25 139:5 139:7,9,10,25 wraps 138:14 139:1 139:3,13,15,19,23 write 83:24 140:3 141:18 172:11 174:11 writing 139:12 141:24 164:4 224:6 written 84:9,19 139:20 151:3 wrong 33:7 wrote 15:9,11 142:7 wynhoff 96:15 97:23,25 99:14 114:13 121:15 136:17
x x 3:1 4:1 5:1 6:5 159:23 223:6 xs 159:4,9 y yard 85:12,14 yeah 25:2 31:9 58:6 59:9 64:2 74:13 75:4 80:11,13 82:2 98:3,16 107:11 110:22 120:19 123:6,7 130:22 145:14 148:1 152:11 166:18 169:18 179:22 196:2 206:25 210:5 211:6 215:2 year 10:12 12:20 42:12,24 43:2,6,14 43:21 46:15 50:21 56:2 61:13 64:17 73:12,14 82:11 94:11 101:12 117:1 174:4 175:3 211:5 214:25 215:1,10 yearly 175:10 years 9:16 10:19 11:15 12:8 16:20 30:12 31:8,9,19 32:2 34:10,20 42:1 43:17,23 44:18,19 45:7,10,11 47:3 48:14,15 50:22 61:24 73:11 74:10 89:22 90:23 93:2 199:15 203:22 208:5 212:1 yup 91:3 z z 15:9 zach 96:24 97:1 98:19 99:10,12 106:8 114:9 120:12
121:1,5 123:1,10,15 123:22 124:8,19,20 125:10 126:1,7 142:13,24 zero 169:19 zoo 41:17,20
Veritext Legal Solutions www.veritext.com 888-391-3376 Case 2:14-cv-00208-JPS Filed 09/28/15 Page 87 of 87 Document 234-3