092704 Nevitt statements
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Motivations CP teachers
Case Summary
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to Daniel Shinoff
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Maura Larkins
v. CVESD
Summary Judgment
17 Q. Now, you said there were two teachers who
18 allegedly made some type of a statement that they were
19 afraid you would kill them, and one of them was
20 Jo Ellen Hamilton.
21 Do you know who the other one was?
22 A. Yes, I do.
23 Q. Who is the other one?
24 A. Linda Watson.
25 Q. When did you find out that Linda Watson was

26
1 the second anonymous informant?
2 A. At first, I was just getting hints; for
3 example, when I --
4 Q. I am not interested in that. I understand
5 you want to tell your story. But it really would help
6 me if you would just answer the question I ask, which,
7 this time I said, "When did you find out?"
8 So I don't need to know about what at first
9 happened, just if you could give me some estimate of
10 when you first found out that Linda Watson was the
11 second anonymous informant.
12 A. Yes. I tend to suspend judgment when I am
13 not sure. So I was suspending judgment for quite a
14 while as the evidence mounted as to who it was. I
15 think that it was quite some time after the phone call
16 that I became sure that it was Linda Watson.
17 Q. As you sit here today, are you certain it
18 was Linda Watson?
19 A. Yes.
20 Q. At what point did you -- I mean, was
21 Ms. Watson deposed?
22 A. Yes.
23 Q. Did she admit to having made a complaint or
24 informed Mr. Werlin about you?
25 A. She changed her testimony. I asked her if

27
1 she had called Richard Werlin on February 11th and she
2 said no. She said she had never called
3 Richard Werlin.
4 Q. Okay.
5 A. Then I asked her if it would be okay with
6 her if I subpoenaed her phone records for the night of
7 February -- I'm sorry, did I say 11th? It should have
8 been 10th.
9 Q. Okay.
10 A. For February 10th. Then she came back --
11 they asked for a break -- we kept talking for a while,
12 as I recall. Then after their break, they came back
13 and said that she wanted to change her testimony and
14 that now she thought she had called Richard Werlin.
15 Q. Who was defending Linda Watson?
16 A. Kelly Angell.
17 Q. Remember to let me finish my question, even
18 though I know sometimes you are going to know what my
19 question is.
20 So you guessed right this time. I was going
21 to ask you who was defending the deposition of Linda
22 Watson. You have told me it is Ms. Angell?
23 A. Yes.
24 Q. Do you personally believe that Linda Watson
25 did, in fact, call Richard Werlin?

28
1 A. Yes, I do.
2 Q. So when Ms. Watson changed her testimony in
3 her deposition, she changed it from being false --
4 A. False.
5 Q. -- to being true?
6 A. Yes.
7 Q. That was after she took a break with
8 Kelly Angell?
9 A. Yes.
10 Q. All right. Now, earlier you had mentioned
11 an arrest.
12 Have you ever been arrested?
13 A. Yes.
14 Q. How many times have you been arrested?
15 A. Once.
16 Q. Why were you arrested?
17 A. I was arrested for trespassing
in the
18 apartment of my father after his death, when I was
19 co-administrator of the estate.
20 Q. Do you know who instigated that arrest?
21 A. Yes.
22 Q. Who?
23 A. Kathleen Elton.
24 Q. Who is Ms. Elton?
25 A. She is my ex-sister-in-law.

29
1 Q. To whom was she -- was she married to
2 someone you were related to at the time of the arrest?
3 A. No.
4 Q. Who was she at some point married to that
5 made her your ex-sister-in-law?
6 A. My brother.
7 Q. What is your brother's name?
8 A. XXXX
9 Q. Do you know Mr. XXX's address?
10 A. 40-- gosh, what is it? 4866, I think --
11 although if I have those numbers wrong, it would get
12 to him, because he lives on ZZZ Road. It is only
13 a block long.
14 Q. Can you spell ZZZ for me?
15 A. ZZZ
16 Q. What city is that?
17 A. YYYY
18 Q. Why don't you spell that for us.
19 A. YYYY. It is possible I gave
20 an "o" where there is an "a," but...
21 Q. That is okay. So YYYYY, what state is
22 that in?
23 A. California.
24 Q. Where is that?
25 A. It is just north of San Francisco,

30
1 Sonoma County.
2 Q. Gotcha. By the time that Kathleen Elton
3 instigated your arrest, she was no longer married to
4 XXXXX?
5 A. Correct.
6 Q. Who was the other co-administrator of the
7 estate?
8 A. XXXXX, my brother.
9 Q. Did your brother have anything to do with
10 your arrest?
11 A. Yes.
12 Q. What was his role in it, as you understand
13 it?
14 A. He was Kathleen's guide. She would call him
15 for advice on what to do, instruction.
16 Q. If Kathleen was no longer married to Joseph,
17 why was she involved at all, do you know?
18 A. Oh, yes. I certainly do know. A few months
19 before this Kathleen had turned up homeless, having
20 substance abuse problems, and unemployed. My brother
21 asked me if it would be okay if she stayed in my
22 father's office, which is -- or was in front of my
23 father's apartment.
24 Q. Did your father -- or his estate at this
25 point -- own both the apartment and the office?

31
1 A. Yeah. It is a very small office, just on
2 the same lot as a small apartment building.
3 Q. At the time that you were inside of your
4 father's apartment, which caused your arrest, was
5 Ms. Elton there at the time?
6 A. We were allowing her to stay there, yes.
7 She had moved from the office up to the apartment.
8 Q. When your brother, Joseph, asked you if it
9 was okay if Ms. Elton stayed there, did you agree that
10 it was okay?
11 A. Yes.
12 Q. You understood that Ms. Elton was staying
13 there when you went in?
14 A. Yes.
15 Q. What was your purpose for being there?
16 A. My purpose was to help my sister-in-law.
17 Because I did not know my brother was working with
18 her. He had said that the apartments could rot and he
19 wasn't going to have anything to do with them, and it
20 was all up to me to take care of everything.
21 So I had no idea that he was still having --
22 that he was orchestrating events with her.
23 Q. What kind of events was he orchestrating?
24 A. Well, for example, I would go quite
25 frequently there. This apartment was the apartment

32
1 where I had my office as administrator and I, you
2 know, had my cleaning materials there and my bills,
3 utility bills, and everything. I observed what was
4 going on.
5 Also, tenants were complaining that Kathleen
6 was having visitors all night long, stomping up and
7 down the steps, waking them up. It seemed quite clear
8 from all the evidence that drugs were being sold.
9 Kathleen was or her boyfriend -- well, both of them.
10 Drugs were being sold from the apartment.
11 Q. Do you know what kind of substances she was
12 abusing?
13 A. She has a tendency to switch between alcohol
14 and methamphetamine. She will get fat on alcohol and
15 then she you will see her real skinny, and then you
16 know she has gone back to methamphetamine
. She keeps
17 going back and forth.
18 Q. Understood. I was trying to get from you
19 what events XXXX was orchestrating. We got a
20 little bit sidetracked with what you observed.
21 A. Yeah. Well, he had apparently instructed
22 her to lock me out of the apartment, where I had been
23 coming to get cleaning materials and paying bills. It
24 was the administrator's apartment that we had used for
25 some time. It really was not fit to be rented. That

33
1 is why we had not rented it.
2 So, obviously, that is one thing he did.
3 Q. Before instructing Kathleen Elton to lock
4 you out of the apartment, had Mr. XXX ever indicated
5 to you that he did not want you there?
6 A. No.
7 Q. This was a shock to you?
8 A. Yes.
9 Q. Have you since then discussed it with him
10 why he did that, why he told Kathleen Elton to lock
11 you out?
12 A. I have not had any really fruitful
13 discussions with him. Because I think he feels bad, I
14 think, that his efforts -- all he was trying to do was
15 to get control of the estate for himself. He was just
16 trying to gain financially. He was very mad when I --
17 he kept secret from -- I had to let him control
18 everything.
19 After about a year, I found out that he had
20 spent all the cash in the estate, plus he claimed that
21 we owed him a whole bunch more money beyond that for
22 work he had done there. I told him, "Don't do any
23 more work. The estate will be completely gone if you
24 keep doing work. You will owe the entire thing." He
25 was very angry about that.

34
1 At that time, he told me he wasn't going to
2 have anything further to do with it. It was all up to
3 me. I was to do all the work.
4 Q. Now, were you actually in the apartment at
5 the time that you were arrested?
6 A. Yes.
7 Q. Did you spend any time in jail?
8 A. Yes.
9 Q. How long were you in jail?
10 A. Overnight.
11 Q. Do you believe the Chula Vista Elementary
12 School District was in any manner involved in
13 instigating your arrest?
14 A. No.
15 Q. Is your arrest in any manner related to
16 your -- to you be being placed on administrative leave
17 or suspension --
18 A. Yes.
19 Q. -- by the Chula Vista Elementary School
20 District?
21 A. I'm sorry. Yes.
22 Q. What's the connection?
23 A. I have never ever done anything to anyone
24 that would make anybody think I was capable of murder
25 or even hitting anybody. I know this because I am a

35
1 witness to all my interactions with everyone.
2 Q. You believe that you are a good judge of
3 your own actions?
4 A. Yes, I do.
5 Q. All right.
6 A. I think --
7 Q. Please continue.
8 A. It is clear -- from the very beginning, it
9 was clear that Chula Vista did not believe that I was
10 going to kill anybody. They kept asking me back
11 without a fitness for duty. In fact, let me -- you
12 know, there is so much evidence. But I am thinking of
13 one day, April 4th, 2001, was when it became really
14 clear.
15 That was the day that I was called back to
16 the district for another meeting. For about
17 10 minutes Richard Werlin railed against me, talking
18 about how I was such a horrible person, yelling.
19 Q. In what way did he say you were a horrible
20 person?
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Is Shinoff or Mark
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pages 95-105

pages 105-111

pages 112-123

pages 124-138

pages 138-157

pages 157-175

pages 175-203

pages 203-222


Errata and signature
page
Larkins case
summary
Case Timeline
Deposition of
Maura Larkins

Richard Werlin changed
the record
pages 1-15

pages 15-25

pages 25-35

pages 35-48

pages 48-60

Pages 60--68

pages 68-73

Lozano Smith order/
Shinoff tactics
pages 73-80

pages 80-89
.
.
Education Reform Report
Stutz Artiano Shinoff & Holtz
defamation lawsuit against Maura
Larkins for statements on
this website
Testimony on this page:
Linda Watson
Maura Larkins' arrest
Deposition of Maura Larkins
by Ljubisa Kostic
June 16, 2008

Pages 25 to 35
See Linda Watson report
(continued HERE)