00:02 - WELCOME TO THE OCTOBER

00:03 - SESSION OF THE PENNSYLVANIA

00:05 - SUPREME COURT TAKING PLACE IN

00:07 - THE HISTORIC COURTROOM IN

00:08 - PITTSBURGH PENNSYLVANIA.

00:10 - MY NAME IS JILL BACK. I'M AN

00:12 - ATTORNEY WITH THE LAW FIRM

00:13 - BLANK AROUND AND WITH ME IS

00:15 - JOHN CONTI PRESIDENT AND CEO OF

00:17 - THE LAW FROM TAKING

00:18 - THE CAME TOGETHER WE WILL BE

00:20 - PROVIDING BRIEF INTRODUCTIONS

00:22 - TO THE ARGUMENTS YOU'RE ABOUT

00:23 - TO HEAR.

00:24 - THE PENNSYLVANIA SUPREME COURT

00:25 - IS THE OLDEST SUPREME COURT IN

00:27 - THE COUNTRY

00:28 - PREPARING TO CELEBRATE ITS 3

00:29 - 100TH ANNIVERSARY THIS COMING

00:31 - SPRING. WHAT IS THE HIGHEST

00:33 - COURT IN PENNSYLVANIA. AND THE

00:35 - COURT OF LAST RESORT FOR ALL

00:37 - MATTERS INTERPRETING

00:38 - PENNSYLVANIA LAW AND THE

00:39 - PENNSYLVANIA CONSTITUTION.

00:42 - THE PENNSYLVANIA SUPREME COURT

00:43 - IS MADE UP OF 7 JUSTICES WHO

00:46 - ARE ELECTED TO SERVE ON AS

00:47 - MEMBERS OF THE COURT. THE COURT

00:49 - CURRENTLY INCLUDES CHIEF

00:51 - JUSTICE MAX BAER JUSTICES

00:54 - TOM SAYLOR DE PERE TIGHT

00:56 - CHRISTINE DONOHUE KEVIN

00:58 - DAUGHERTY DAVID WEST AND SALLY

01:01 - EFFECT MONDAY. WITH FEW

01:03 - EXCEPTIONS CASES ARE HEARD BY

01:04 - THE PENNSYLVANIA SUPREME COURT.

01:06 - ITS DISCRETION. THIS MEANS

01:08 - THE PARTIES SEEKING REVIEW BY

01:10 - THE PENNSYLVANIA SUPREME COURT

01:12 - WE MUST FIRST OUT ASK FOR AND

01:14 - BE GRANTED PERMISSION. THIS IS

01:16 - KNOWN AS ALLOWANCE OF APPEAL.

01:18 - THE REASONS THE COURT WILL

01:20 - GRANT ALLOWANCE OF APPEAL.

01:21 - OUR DETAILED IN PENNSYLVANIA

01:23 - RULED PERCIVAL PRITZKER PART OF

01:25 - ME PENNSYLVANIA ROW OF

01:26 - APPELLATE PROCEDURE, 1114 BE.

01:29 - I WILL NOW TURN IT OVER TO JOHN

01:30 - TO INTRODUCE THE FIRST CASE.

01:35 - GOOD MORNING THIS IS

01:36 - JOHN CONTI AND THE FIRST CASE

01:38 - YOU'RE GOING TO HEAR TODAY IS

01:39 - RUBENSTEIN

01:40 - VERSUS CONVOY. THIS APPEAL

01:42 - PRESENTS AN IMPORTANT AND

01:44 - INTERESTING ISSUE RELATED TO

01:45 - THE STATUTE OF LIMITATIONS IN

01:47 - MEDICAL

01:48 - MALPRACTICE LAWSUITS. NORMALLY

01:50 - IF A PATIENT DIES FROM MEDICAL

01:52 - MALPRACTICE. THE FAMILY HAS 2

01:54 - YEARS FROM THE DATE OF DEATH TO

01:56 - FILE SUIT. THAT'S THE STATUTE

01:58 - OF LIMITATIONS IN PENNSYLVANIA.

02:00 - THERE'S A SPECIFIC STATUTE PM

02:02 - CARE ACT THAT SETS FORTH THAT

02:04 - 2 YEAR REQUIREMENT. HOWEVER,

02:06 - THERE'S AN EXCEPTION

02:07 - AND THAT EXCEPTION IS IF THE

02:09 - DOCTORS ENGAGE IN FRAUD OR

02:11 - MISREPRESENTATION ABOUT THE

02:13 - CAUSE OF DEATH.

02:15 - THEN THE A STATUE OF

02:17 - LIMITATIONS IS EXTENDED.

02:19 - SO IF DOCTORS GENTLY CONCEALED

02:21 - THE CAUSE OF DEATH THE STATUTE

02:23 - OF LIMITATIONS IS EXTENDED

02:25 - UNTIL THE FAMILY DISCOVERS THE

02:26 - CAUSE. BUT WHAT EXACTLY

02:28 - CONSTITUTES FRAUD. AND WHAT

02:30 - DOES THE CAUSE OF DEATH REALLY

02:32 - MEAN HIS CAUSE OF DEATH MEAN IN

02:34 - THE STATUTE JUST THE IMMEDIATE

02:36 - CAUSE OF DEATH. WHAT DOES IT

02:37 - MEAN ALL OF THE FACTORS

02:39 - AND THE FACTS LEADING UP TO THE

02:42 - DEATH OF THE PATIENT. THESE ARE

02:43 - THE QUESTIONS THAT WILL BE

02:44 - EXAMINED ON APPEAL. NOW HERE'S

02:46 - THE BACKGROUND

02:47 - MISSUS RUBENSTEIN DIED OF AN

02:50 - AORTIC ANEURISM THAT

02:51 - HAD RUPTURED. AND A FLORIDA CAN

02:53 - YOU'RE IS THE FIRST OF ALL

02:56 - WE'RE JUST VERY LARGE BLOOD

02:57 - VESSEL IN YOUR CHEST AN

02:58 - ANEURISM IS A BUBBLE OR DEFECT

03:00 - ON THAT

03:01 - BLOOD VESSEL AND IF IT RUPTURES

03:03 - IT CAN LEAD TO DEATH. THAT'S

03:05 - WHAT HAPPENED HERE.

03:08 - SUE THEY DOCTOR BARRACKS PRA

03:10 - ACTS WHO WAS A

03:11 - RADIOLOGIST WHO READ AN

03:14 - IMPORTANT X-RAY KNOWN AS AN

03:15 - MRI. THE ALLEGATION WAS DOCTOR

03:18 - BARRICK'S FAILED TO.

03:20 - SEE THAT THIS ANEURISM WAS

03:22 - ABOUT TO RUPTURE. DOCTOR

03:23 - BARRACKS WAS DEPOSED, THAT'S A

03:25 - QUESTION AND ANSWER SESSION

03:27 - UNDER OATH DURING THAT

03:28 - DEPOSITION. DOCTOR BARRICK'S

03:30 - TOLD THE PLAINTIFFS LAWYER, THE

03:31 - RUBENSTEIN

03:32 - A LAWYER ABOUT A CONVERSATION

03:34 - HE HAD HAD WITH A DOCTOR KHAN A

03:36 - BOY WHERE HE DISCUSSED THE

03:37 - X-RAY AND DOCTOR BARRICK SAID

03:39 - THAT HE TOLD DOCTOR KHAN A BOY

03:41 - THE PRODUCT, THE PRIMARY CARE

03:42 - PHYSICIAN FOR MISSUS RUBENSTEIN

03:45 - THAT THIS AORTIC DISSECTION OR

03:48 - THIS AORTIC ANEURISM WAS A

03:50 - DANGEROUS CONDITION AND IT

03:52 - ACTUALLY HE COULD NOT RULE OUT

03:53 - THAT IT WAS BLEEDING AND MIGHT

03:55 - RUPTURE AND THAT DOCTOR KHAN A

03:56 - BOY WAS GOING TO TAKE OVER THE

03:58 - CARE. WELL WHEN THAT RUBENSTEIN

04:01 - LAWYERS HEARD THIS INFORMATION.

04:03 - THEY DECIDED THAT WAS ENOUGH TO

04:05 - SUE DOCTOR KHAN A BOY AND THEY

04:07 - DID SO

04:08 - BUT THIS WAS AFTER THE 2 YEARS

04:10 - HAD ELAPSED AND WHAT

04:11 - HAPPENED WAS THE RUBENSTEIN

04:14 - LAWYERS CONTENDED THAT

04:16 - DOCTOR BARRACKS AND DOCTOR KHAN

04:18 - A BOY

04:19 - HAD CONCEALED THE INFORMATION

04:21 - THAT WAS REVEALED IN A PHONE

04:22 - CALL. AND THEREFORE THE STATUTE

04:24 - OF LIMITATION SHOULD BE

04:25 - EXTENDED. NOW DOCTOR KHAN A BOY

04:28 - AND HIS LAWYER WILL ARGUE WAIT

04:30 - A MINUTE THE STATUTE OF

04:31 - LIMITATIONS HAD EXPIRED.

04:33 - THERE'S NO REASON TO EXTEND IT.

04:35 - THE CAUSE OF DEATH WHICH WAS

04:37 - LISTED ON THE CERTIFICATE OF

04:39 - DEATH WAS AORTIC ANEURISM

04:42 - AND THAT'S EXACTLY WHAT THE

04:43 - PATIENT DIED FROM NO ONE

04:45 - DISPUTES THAT SO THERE'S NO

04:47 - DISPUTE, THERE'S NO CONCEALMENT

04:49 - OF THE CAUSE OF DEATH. THAT'S

04:51 - WITH CONNELLY ARGUES THEREFORE

04:53 - THE PLAINTIFF IS OUT OF COURT

04:54 - ON THE STATUTE.

04:55 - THE RUBENSTEIN FAMILY ON THEIR

04:57 - HAVE OTHER HAND IS GOING TO

04:58 - ARGUE THAT THE STATUTE IN

05:00 - QUESTION CARE ACT IS MEANT TO

05:02 - PROVIDE A FAIR RESOLUTION FOR

05:05 - PATIENTS WHO ARE HARMED

05:06 - BY DOCTORS AND IT'S THIS THAT

05:08 - BY EXTENDING THE STATUTE HERE.

05:10 - HE HIT RESPECTS THE SPIRIT OF

05:12 - THE LAW AND THEY ALSO CONTEND

05:14 - THAT CERTIFICATE OF DEATH.

05:16 - THERE WERE THE CAUSE OF DEATH

05:18 - DOESN'T JUST MEAN THE MEDIA

05:19 - CAUSE CAMPAIGNS ALL OF THE

05:21 - FACTORS AND ALL OF THE CONDUCT

05:23 - LEADING UP TO THE DEATH SO IT

05:25 - INCLUDES. WHATEVER WAS

05:27 - DISCUSSED DURING THIS PHONE

05:28 - CALL AND THEY SHOULD THEREFORE

05:30 - HAVE THIS EXTENDED PERIOD OF

05:33 - TIME TO FILE SUIT. THIS IS AN

05:35 - IMPORTANT CASE FOR PLAINTIFFS.

05:37 - THE PATIENTS FAMILIES IMPORTANT

05:39 - CASE FOR DOCTORS YOU'LL HEAR

05:41 - FIRST FROM THE ATTORNEY FOR

05:43 - DOCTOR KHAN A BOY. IN THIS

05:45 - CASE, LET'S HEAR THE ARGUMENT.

05:51 - WERE.

05:55 - OH ALL WINTER.

06:02 - YOU

06:31 - GOOD MORNING. IT'S A PLACE

06:33 - YOU RE BACK IN PITTSBURGH FOR

06:35 - LIVE ORAL ARGUMENT AFTER.

06:39 - HIATUS FOR

06:40 - THE PANDEMIC IT'S NICE TO SEE

06:42 - EVERYONE BRIAN WE CALL THE

06:44 - FIRST CASE.

07:07 - SECTION 5.13 THE

07:11 - CARE ACT ALLOWS

07:13 - FOR THE TOLLING OF THE STATUTE

07:14 - OF LIMITATIONS FOR WRONGFUL

07:16 - DEATH AND

07:16 - SURVIVAL ACTION. WHERE THERE IS

07:19 - A AN AFFIRMATIVE

07:20 - MISREPRESENTATION OR FRAUDULENT

07:22 - CONCEALMENT OF THE CAUSE

07:23 - OF DEBT. IT'S WRONGFUL DEATH

07:25 - AND SURVIVAL MEDICAL

07:27 - MALPRACTICE ACTION. THE TRIAL

07:29 - COURT GRANTED SUMMARY JUDGMENT

07:31 - IN FAVOR DEFENDANTS FINDING

07:32 - THAT THE ACTION WAS FILED ON

07:34 - TIME LEE. AS THE TOWING

07:36 - PROVISIONS OF SECTION 5.13 DID

07:38 - NOT APPLY. WE'RE SERVING THE

07:40 - CAUSE OF DEATH LISTED ON

07:41 - THE SEASON. DEATH CERTIFICATE

07:43 - WAS AN AORTIC ANEURISM THE

07:45 - TRIAL COURT NO PHONE NO

07:47 - MISREPRESENTATION OR

07:48 - CONCEALMENT THE CAUSE OF DEATH.

07:51 - THE SUPERIOR COURT VACATED THE

07:53 - TRIAL COURT'S ORDER

07:54 - INTERPRETING CAUSE

07:55 - OF DEATH IN 5.13 DIAZ

07:57 - ENCOMPASSING THOSE ACTS WHICH

07:59 - BECAUSE THE DECISION TO DIE

08:01 - RATHER THAN A MEDICAL CAUSE OF

08:03 - DEATH THE SUPERIOR COURT

08:04 - REMANDED THE TRIAL COURT TO

08:05 - REEXAMINE THE

08:06 - TOLLING ISSUE. YOU KNOW RISING

08:08 - THE DIFFERENT DEFINITION OF

08:10 - CAUSE OF DEATH WE GRANTED A

08:11 - LOAN TO APPEAL TO EXAMINE

08:13 - THIS ISSUE OF STATUTORY

08:14 - CONSTRUCTION. AND FOR THE

08:16 - DETERMINED.

08:18 - WHO MUST HAVE MISREPRESENTED OR

08:21 - CONCEALED THE CAUSE OF DEATH

08:23 - FOR SECTION 5.13 D

08:25 - POLLING PROVISION TO APPLY SO

08:26 - IF THAT'S REASONABLY CORRECT.

08:28 - MISTER PRIDE YOU'RE FREE TO

08:29 - START MY MATES, A MISTAKE.

08:31 - PLEASE FEEL FREE TO CORRECT ME.

08:33 - HONOR I THINK THAT IS IT

08:34 - CORRECT.

08:34 - AS SUMMATION OF

08:35 - THE CASE. GOOD CHIEF JUSTICE

08:38 - AND JUSTICE MAY PLEASE THE

08:41 - COURT

08:41 - MORNING MCBRIDE FOR DOCTOR KHAN

08:44 - A BOY AND CUT NUTTY AND CONVOY

08:46 - A FAMILY PRACTICE.

08:49 - WE'RE ON IT WE'RE HERE TODAY TO

08:51 - ASK THIS COURT

08:54 - REVERSE THE

08:55 - SUPERIOR COURT'S DECISION WHICH

08:57 - VACATED SUMMARY JUDGMENT IN

08:59 - FAVOR OF THE CARS IN THE CONVOY

09:02 - DEFENDANTS. THERE ARE 2 MAIN

09:04 - ISSUES IN THIS CASE IS CHIEF

09:05 - JUSTICE BARRETT JUST MENTIONED

09:07 - THE FIRST IS A STATUTORY

09:08 - CONSTRUCTION ISSUE WITH RESPECT

09:11 - TO THE MEANING OF SECTION

09:12 - 5.13 D. THE AND CARE ACT AND

09:16 - THEN THE SECOND IS WHETHER THE

09:18 - CONDUCT OF ONE.

09:20 - A DEFENDANT FOR FRAUDULENT

09:23 - CAN CONCEALMENT PURPOSES MAY BE

09:25 - IMPUTED CONSIDERED WITH RESPECT

09:29 - TO TOLLING THE STATUTE WITH

09:31 - RESPECT TO THE SECOND

09:33 - DEFENDANT. ON THE FIRST ISSUE

09:35 - THE LEGAL ISSUE OF SECTION

09:37 - 5.13 DAY. CAUSE OF DEATH AND I

09:41 - SHOULD BE CLEAR. IT SAYS THE

09:42 - CAUSE OF DEATH. IN

09:44 - THE STATUTE. THE STATUTE

09:46 - ONLY ALLOWS FOR THE STATUE TO

09:49 - BE TOLD. IF THERE IS A

09:51 - FRAUDULENT CONCEALMENT OR

09:52 - AFFIRMATIVE MISREPRESENTATION

09:54 - OF THE CAUSE OF DEATH. CAUSE

09:56 - OF DEATH. WE BELIEVE HAS AND

09:59 - VERY LONG AND WELL EXCEPTED.

10:02 - MEANING AND

10:04 - IT'S NOT AMBIGUOUS THIS THE

10:05 - SUPERIOR COURT THE TRIAL COURT

10:07 - SHOULD NOT HAVE HAD TO LOOK ANY

10:08 - FURTHER THAN THAT PLAIN

10:10 - LANGUAGE TO DETERMINE THE

10:12 - MEETING. THERE IS NOT AN

10:13 - AMBIGUITY THERE BECAUSE THERE

10:15 - ARE NOT FIRST BECAUSE IT'S THE

10:17 - PLAIN LANGUAGE BUT ALSO BECAUSE

10:19 - THERE'S NO

10:19 - REASONABLE INTERPRETATION OTHER

10:22 - THAN THE MEDICAL CAUSE OF

10:24 - DEATH.

10:25 - AS WE CITED IN OUR BRIEF THE

10:27 - HEALTH AND SAFETY STATUTE.

10:28 - THE CDC PHYSICIANS HANDBOOK ALL

10:31 - REFER TO CAUSE OF DEATH.

10:33 - AS MEDICAL CAUSE OF DEATH.

10:37 - THE STATUE HAS BEEN IN PLACE

10:38 - FOR OVER 20 YEARS AS I KNOW

10:40 - THIS COURT IS AWARE AND

10:42 - THERE HASN'T BEEN ANY CASE

10:43 - WHERE ANYONE HAS MADE THE

10:45 - ARGUMENT OR ANY COURT HAS

10:47 - ADOPTED A DEFINITION OF CAUSE

10:49 - OF DEATH IN THIS CONTEXT AS

10:52 - CONDUCT LEADING

10:53 - TO DEATH. IN INTERPRETING EVEN

10:56 - IF THERE WAS AN AMBIGUITY WE

10:57 - BELIEVE THIS PERIOD COURT HEARD

10:59 - IN INTERPRETING THAT.

11:01 - STATUTE AND ELEVATING ONE OF

11:04 - MANY CONSIDERATIONS. FOR WHICH

11:07 - THE AND CARE STATUTE WAS

11:08 - ENACTED. THE COURT RELIED

11:11 - SO LEON. THE PORTION OF

11:14 - CARE ACT OR THE POLICY OF

11:16 - COMPENSATING VICTIMS WITHOUT

11:19 - CONSIDERING THE LARGER CONTEXT

11:21 - IN WHICH CARE ACT WAS WAS

11:23 - PASSED IN CLEARLY THAT WAS TO

11:25 - ADDRESS OF MEDICAL MALPRACTICE

11:26 - CRISIS IN PENNSYLVANIA. IT WAS

11:29 - TOO CREATE STABILITY WITHIN THE

11:32 - INSURANCE MARKETPLACE.

11:34 - AND THIS IS IN PARTICULAR A

11:36 - STATUTE OF LIMITATIONS, IT'S

11:38 - NOT AND IT IS SOMETHING THAT

11:39 - SHOULD BE EXPANDED. COUNCILOR

11:42 - YES, YOUR HONOR ON PAGE

11:43 - 15 OF YOUR BRIEFING WHICH YOU

11:45 - DESCRIBED.

11:46 - THEY HANDBOOKS STANDARD OF

11:48 - MEDICAL CERTIFICATION OF THAT.

11:50 - IT INDICATES A PROPERLY

11:52 - COMPLETED CAUSE OF DEATH

11:53 - SECTION PROVIDES AND THAT IS A

11:54 - LOGICAL EXPLANATION OF THE

11:56 - ORDER TIGHT QUOTE

11:58 - UNQUOTE ASSOCIATION OF EVENTS

12:00 - RESULTING

12:00 - IN THAT SHARE WITH ME HOW THAT

12:02 - DOES NOT INCLUDE WHAT WE CAN

12:04 - PERCEIVE AS A LEGAL CAUSE.

12:06 - WELL YOUR HONOR WE SAY

12:08 - TO THESE TO THE HANDBOOK INTO

12:10 - THE VITAL STATISTICS FOR THE

12:11 - HEALTH AND SAFETY STATUTE JUST

12:13 - AS REFERENCE FOR THE COMMON

12:15 - USAGE, SO I DON'T BELIEVE THAT

12:18 - I I I THINK THAT THE WITH

12:21 - THE WORDS THE CAUSE OF DEATH

12:23 - ARE WELL ACCEPTED IN SOCIETY

12:25 - AND HAVE A

12:25 - COMMON MEANING TO APPLY A LEGAL

12:29 - CAUSE OF DEATH DEFINITION TO

12:31 - THIS STATUTE WOOD FIRST OF ALL

12:33 - BE UNWORKABLE BECAUSE THERE'S

12:35 - NO BEGINNING THERE'S NO AND WE

12:37 - DON'T KNOW WHAT THAT MEANS AND

12:39 - IT WOULD ESSENTIALLY BEAST

12:40 - TAKING A DISCOVERY RULE.

12:43 - ANALYSIS AND PLACING IT INTO A

12:45 - WRONGFUL DEATH CASE WHICH ARE

12:47 - UNDER PENNSYLVANIA LAW. WE MAY

12:49 - NOT OCCUR. THIS COURT AND IN

12:52 - MANY CASES HAS RECOGNIZED THAT

12:54 - THE DISCOVERY RULE DOES NOT

12:55 - APPLY IN DEATH CASES BECAUSE

12:57 - DEATH IS A CERTAIN EVENT THAT

12:59 - IS THE INJURY THAT THAT

13:01 - HAS OCCURRED AND IN THIS

13:03 - CIRCUMSTANCE CERTAINLY THE

13:05 - PLAINTIFFS KNEW THAT THERE HAD

13:06 - BEEN A DEATH THEY KNEW THAT

13:07 - CAUSE THEY KNEW THAT

13:10 - SHE HAD AN AORTIC ANEURISM

13:14 - THAT'S THE ENTIRE THEORY OF

13:15 - THEIR CASE SO THERE'S NOT

13:17 - THERE'S NO DISPUTE ABOUT THE

13:19 - INJURY AND THE CAUSE. THE

13:21 - STATUTE STARTED TO WRITE

13:23 - LEGAL CAUSE IS UNDETERMINED

13:25 - UNTIL AFTER THE TRIAL BY A

13:27 - JURY. SO IF WE'RE GOING TO

13:29 - APPLY A TEST THAT IS THE LEGAL

13:32 - CAUSE OF DEATH OR CONDUCT

13:34 - LEADING TO DEATH. THEN WE'RE

13:36 - NOT GOOD AT EVER BE

13:38 - ABLE TO ALLOW DEFENDANTS TO

13:39 - OBTAIN SUMMARY JUDGMENT BECAUSE

13:42 - YOU WOULD HAVE TO WAIT UNTIL

13:43 - THE JURY DECIDES THE ULTIMATE

13:44 - ISSUE IN THE CASE TO DECIDE

13:46 - WHEN THE STATUTE I BEGAN TO

13:55 - I WAS TRYING TO

13:56 - FIGURE OUT IF THE STATUTE READS

13:59 - THAT WAY. HOW YOU WOULD THE

14:02 - LEGISLATURE DOESN'T EVER.

14:04 - WELL SOON EVER WANT TO HAVE

14:06 - SURGERIES OUT. I CAN'T IMAGINE

14:08 - A SCENARIO WHERE YOU COULD

14:10 - POSSIBLY HAVE

14:10 - FRAUDULENT REPRESENTATION.

14:14 - FRAUDULENT CONCEALMENT OR

14:16 - FROM ANY MISREPRESENTATION OF

14:18 - THE LITTLE CAUSE OF DEATH.

14:19 - I MEAN THAT COMES DOWN TO THE

14:21 - CORNER. AND YOU KNOW IT IT

14:24 - WOULD BE A ALMOST A FICTIONAL

14:27 - BOOK OR MOVIE TO THINK THAT THE

14:28 - CORNER. PERHAPS THAT THE

14:32 - HOSPITAL OR DOCTOR WE'RE GOING

14:33 - TO ACTUALLY KNOW THAT THE

14:35 - PERSON DIED OF AN THAT ALREADY

14:37 - ANEURISM AND PUT. SOMETHING

14:40 - ELSE THERE. THAT

14:43 - TO YOU TO TO PROTECT SOME CELL

14:46 - SO I GUESS WHAT I'M TRYING TO

14:48 - SAY IS YOU SEE ANY SCENARIO

14:50 - WHERE THE STATUTE MAKES ANY

14:51 - SENSE IF IT'S THE MEDICAL CAUSE

14:52 - OF DEATH YOUR HONOR I THINK

14:54 - THAT YOU HIT THE NAIL ON THE

14:55 - HEAD. I THINK IF YOU KNOW THE

14:56 - DOCTOR SEVERS AN ARTERY DURING

14:58 - SURGERY BUT SAYS IT WAS A HEART

15:00 - ATTACK AND SOMEHOW THAT IS WHAT

15:02 - ON THE ON THE DEATH CERTIFICATE

15:04 - IN YEARS LATER SOMEBODY FINDS

15:06 - OUT NO THAT'S NOT WHAT HAPPENED

15:08 - IN ERS.

15:08 - TELL SOMEBODY THAT'S NOT WHAT

15:10 - HAPPENED THAT WOULD BE A

15:11 - PERFECT SITUATION FOR

15:13 - FRAUDULENT CONCEALMENT OF THE

15:15 - CAUSE OF THAT.

15:16 - BUT IN THIS CIRCUMSTANCE AND

15:17 - LET ME JUST GET TO THE ISSUE OF

15:19 - FRAUDULENT CONCEALMENT BECAUSE

15:20 - I HAD STUDIED THIS COURT'S

15:21 - DECISION IN RICE AND

15:23 - BEFORE YOU CAN GET A FRAUDULENT

15:25 - CONCEALMENT YOU HAVE TO SHOW

15:26 - THAT THE PLANE TO EXERCISE DUE

15:28 - DILIGENCE AND IN THIS CASE IT'S

15:30 - FAR FROM IT. THE PLAINTIFFS DID

15:32 - NOT EVEN TAKE.

15:34 - THE CO-DEFENDANTS DEPOSITION

15:35 - UNTIL I BELIEVE 5 YEARS INTO

15:38 - THE LITIGATION. HE DIDN'T

15:39 - NOTICE THAT DEPOSITION UNTIL

15:41 - 3 YEARS. AFTER DEATH AFTER THE

15:44 - STATUTE OF LIMITATIONS HAD RUN.

15:46 - HE DIDN'T GET HIS MOTION

15:47 - TO COMPEL GRANITE ON THE

15:49 - WRITTEN DISCOVERY UNTIL AFTER

15:50 - THE STATUTE OF LIMITATIONS HAD

15:53 - EXPIRED SO THE PLAN DID NOT

15:55 - EXERCISE DUE DILIGENCE WHICH

15:57 - THIS COURT JUST THIS SUMMER

15:59 - SAID IS A PREREQUISITE TO THE

16:01 - INVOCATION OF THE FRAUDULENT

16:03 - CONCEALMENT DOCTOR. AND IT

16:06 - LET ME JUST ALSO JUST TOUCH

16:08 - BRIEFLY ON ON THE

16:09 - SECOND ISSUE. ALSO THE

16:11 - PLAINTIFFS HAVE SAID THAT IT

16:12 - WOULD HAVE BEEN FUTILE

16:14 - TO HAVE TAKEN THAT DISCOVERY

16:16 - SOONER AND EXPECTING THAT

16:18 - DOCTOR BACKS WOULD HAVE GIVEN

16:19 - THE INFORMATION BUT THIS COURT

16:21 - ADDRESS THAT AS WELL

16:22 - IN RICE THAT UTILITY IS NOT AN

16:25 - EXCUSE UNLESS AND UNTIL YOU

16:26 - HAVE TO EXERCISE DUE DILIGENCE

16:28 - IN TRYING TO UNCOVER THE

16:29 - INFORMATION AND AGAIN THE

16:31 - PLAINTIFF'S OWN TIMELINE WHICH

16:32 - IS IN THE REPRODUCE RECORD

16:34 - SHOWS THAT THE PLAINTIFFS DID

16:35 - NOT UNDER TAKE THAT DISCOVERY

16:38 - EVEN WITH RESPECT TO DOCTOR

16:39 - BARRACKS. THEY DID NOT EVEN

16:42 - SUBPOENA DOCTOR KHAN A BOY

16:43 - DIDN'T TAKE PRETTY COMPLETE

16:45 - DISCOVERY DIDN'T FILE A WRIT

16:46 - AGAINST HIM WHICH WOULD HAVE

16:48 - ALLOWED THEM TO TAKE DISCOVERY

16:50 - EVEN WITHOUT THE CERTIFICATE OF

16:52 - MERIT THEY DIDN'T DO ANY OF THE

16:53 - THINGS THAT THEY SHOULD HAVE

16:54 - DONE IT. THEIR BRIEF TO THE

16:56 - SUPERIOR COURT WHICH I THINK

16:58 - THIS COURT SHOULD REVIEW

17:00 - ALSO ONLY TALKS ABOUT

17:01 - FRAUDULENT CONCEALMENT BY

17:03 - DOCTOR BARRACKS. THEY'VE NEVER

17:05 - MAKE AN ARGUMENT THAT DOCTOR

17:06 - KHAN

17:07 - A BOY EVER CONCEALED ANYTHING

17:09 - HE DIDN'T EVEN KNOW THAT THE

17:10 - LITIGATION I BELIEVE AND WASN'T

17:12 - BROUGHT IN UNTIL MUCH LATER.

17:14 - LET ME ASK YOU THAT WITH

17:16 - ACCURATE TO THE RADIOLOGY

17:17 - REPORT. ISSUED BY

17:19 - DOCTOR BERG THE 53 STATED

17:22 - BOTH THAT MAJORS POORLY BEIJING

17:23 - LIGHT. DOCTOR KHAN AVOID BEEN

17:26 - CONTACTED ABOUT THE FINDING.

17:28 - YES, THANK YOU YOUR HONOR WE

17:29 - HAD THAT THEY HAD THE RADIOLOGY

17:31 - THEY KNEW ABSOLUTELY THEY KNEW

17:33 - HE WAS THE TREAT OR HE WAS THE

17:35 - FAMILY PHYSICIAN.

17:36 - THEY KNEW THAT HE HAD RECEIVED

17:38 - A PHONE CALL ABOUT THE VERY

17:40 - SCANNED THAT THEY SAY IS AT

17:42 - ISSUE IN THIS CASE.

17:44 - AND YET THEY DID NOT THEY HAD

17:46 - ALL OF HIS MEDICAL RECORDS.

17:47 - WE HAD EVERY AND THERE'S

17:48 - NOTHING HE CONCEALED AND YET

17:51 - THEY DIDN'T TAKE ANY STEPS TO

17:53 - INVESTIGATE FURTHER. THE

17:55 - INFORMATION AND BY THE WAY HE

17:57 - MAINTAINS THAT THAT

17:58 - CONVERSATION THAT DOCTOR

18:00 - BARRACKS TESTIFY TO DID NOT

18:02 - OCCUR. SO ONE OF THEIR

18:03 - ARGUMENTS IS RELATED TO PUT

18:04 - SOMETHING IN THE MEDICAL

18:05 - RECORDS WELL HE DIDN'T PUT IT

18:07 - IN THE MEDICAL RECORDS BECAUSE

18:08 - IT DIDN'T OCCUR

18:10 - WITH RESPECT TO THE CONDUCT THE

18:12 - SUPERIOR COURT ONE OF THE

18:13 - PROBLEMS THAT WITH THE SUPERIOR

18:14 - COURT'S DECISION IS THAT

18:16 - IT FOUND THAT THE TRIAL COURT

18:19 - APPLIED THE

18:19 - WRONG TEST. BUT THEN DID NOT

18:22 - APPLY THAT TEST ITSELF

18:24 - TO SAY WHAT DID DOCTOR KHAN

18:26 - AVOID PROJECT AT LEE CONCEAL

18:28 - WERE PERMANENTLY

18:29 - MISREPRESENT ANYTHING AND

18:31 - SUMMARY JUDGMENT HAVE BEEN

18:32 - GRANTED AND IN THE CONVOY,

18:33 - DEFENDANT'S FAVOR. SO BEFORE

18:35 - THE SUPERIOR COURT BAKE HATED

18:37 - THAT IT SHOULD HAVE APPLY THE

18:39 - TEST AND REACH

18:40 - THAT CONCLUSION. AND SO TO THE

18:43 - EXTENT THAT THE COURT IS

18:44 - CONSIDERING ANY OF THE CONDUCT

18:46 - BY DOCTOR BARRICK'S

18:48 - TO BE USED AGAINST DOCTOR KHAN

18:49 - A BOY WHICH IS WHAT THE

18:50 - PLAINTIFFS HAVE ARGUED IN THEIR

18:52 - BRIEF THAT IT SHOULD BE IMPUTED

18:53 - TO

18:53 - ALL DEFENDANT. WE BELIEVE

18:55 - THAT'S NOT THE LAW THAT IT

18:57 - AGAIN IN THE

18:58 - RICE CASE FRAUDULENT

18:59 - CONCEALMENT IS OBSTRUCTION IS

19:01 - CONDUCT

19:02 - IT IS CONDUCT THAT IS YEAH WE

19:05 - USE CONCEPTS OF THE TO SAY IF

19:07 - YOU ARE THE FRAUDULENT LEE.

19:09 - CONCEAL SOMETHING AND PREVENT A

19:11 - PLAINTIFF FROM KNOWING THE

19:13 - INJURY IN CARS WHICH AGAIN THEY

19:14 - ALREADY KNEW HERE.

19:16 - IT MUST IT'S IN A STOP A

19:17 - PRINCIPLE, IT'S AN EQUITABLE

19:19 - PRINCIPLE AND IT WOULD

19:20 - BE INEQUITABLE TO APPLY THAT

19:22 - CONCEPT TO DOCTOR KHAN A BOY

19:24 - WHO'S AN INNOCENT PARTY WITH

19:25 - CLEAN HANDS. SO YOUR HONORS FOR

19:28 - ALL OF THOSE REASONS WE WOULD

19:29 - ASK THAT THIS COURT.

19:32 - REVERSE THE SUPERIOR COURT'S

19:34 - DECISION AND REINSTATE

19:36 - SUMMARY JUDGMENT IN FAVOR OF

19:37 - THE CONVOY DEFENDANTS. THANK

19:47 - WARNING JUSTICES CHIEF

19:49 - JUSTICE MAY PLEASE THE COURT

19:50 - I'M JOHN PERRY.

19:51 - REPRESENTING THE APPLE II I'M

19:53 - GOING TO SPLIT MY TIME THIS

19:54 - MORNING, I'M GOING TO ADDRESS

19:55 - THE PROCEDURE ON FACTUAL

19:57 - HISTORY BELOW THEM OUT

19:59 - PRACTICE POLICY CONSIDERATIONS

20:01 - IN THE ATTEMPTED REPUTATION UL

20:02 - ASSASSINATION OF ME AND MY FIRM

20:04 - FOR HANDLING OF THIS CASE.

20:06 - MY PARTNER IN A METAL WILL

20:07 - ADDRESS THE STATUTORY

20:08 - INTERPRETATION ISSUES AND I

20:10 - WANT THE COURT TO UNDERSTAND

20:11 - ONE THING IS CLEAR BEYOND A

20:13 - REASONABLE DOUBT ON THIS RECORD

20:14 - BEFORE YOU.

20:16 - A PHYSICIAN LICENSE TO PRACTICE

20:18 - MEDICINE. THE STATE OF

20:18 - PENNSYLVANIA RAISED HIS RIGHT

20:20 - HAND AND LIED UNDER OATH.

20:22 - IN AN ATTEMPT TO AVOID THE

20:24 - CONSEQUENCES OF KILLING ONE OF

20:25 - THEIR PATIENTS.

20:27 - THE REGIONAL AND FRANCE'S WHICH

20:29 - CAN BE DRAWN FROM THE RECORD

20:30 - ALSO SUPPORT THE CONCLUSION

20:32 - THAT A SECOND DOCTOR ALSO LIED

20:34 - AND OR CONSPIRED WITH THAT

20:35 - FIRST DOCTOR TO ALSO HIDE THE

20:38 - MALPRACTICE THAT IT OCCURRED.

20:40 - NOW WE'RE THIS RECORD TO COME

20:41 - BEFORE THIS COURT WITH LAWYER

20:43 - CONDUCT EVERY ONE OF YOU ME

20:45 - EVERY LAWYER IN PENNSYLVANIA

20:46 - AND OUR BAR ASSOCIATIONS WOULD

20:49 - BE APPALLED BY THIS CONDUCT.

20:51 - BUT BECAUSE IT

20:52 - INVOLVES MEDICINE. DOCTOR KHAN

20:54 - A BOY COMES BEFORE THIS COURT

20:56 - ARGUING THAT HE IS A VICTIM

20:58 - THAT HE IS BEING UNFAIRLY

20:59 - TREATED IN HIS MEDICAL A

21:01 - ME GUY I WANT YOU TO BELIEVE

21:02 - THAT THE SKY IS FALLING IN THAT

21:04 - THE REPERCUSSIONS OF THIS

21:05 - DECISION WILL AFFECT INSURANCE

21:07 - RATES. I CAN ASSURE YOU THE SKY

21:10 - IS NOT FALLING. AND DOCTOR KHAN

21:12 - A BOY IS NOT AN

21:13 - INNOCENT VICTIM. PERRY FOR ALL

21:15 - OF THAT WE JUST HAVE TO IF YOU

21:17 - KNOW WHAT

21:18 - WE'RE THE SKIES FALLING ABOUT

21:19 - ONCE A TIME EVERY COUNTY

21:21 - ARGUED. FILL IN

21:23 - THE BLANKS BE SPECIFIC AND IT

21:25 - AND EXPLAIN TO US THE LEGAL

21:26 - ISSUE WE HAVE THANK YOU CHIEF

21:27 - JUSTICE. THE ISSUE THAT THE

21:29 - PROBLEM THAT THE APPELLANTS

21:30 - HAVE IN THIS CASE IS THAT.

21:33 - SOMEBODY LIED DOCTOR BURKE SAYS

21:35 - IT'S DOCTOR CONWAY DOCTOR

21:37 - KLEIN, A BOY SAYS HIS DOCTOR

21:38 - BERKS BUT IN THAT HAS NEVER

21:40 - BEEN PRESENTED TO A JURY WHEN

21:42 - THE WIRE. WHY ARE YOU TALKING

21:43 - TO US ABOUT SOMEBODY LYING

21:46 - OR OR I THOUGHT WE'RE HERE TO

21:48 - TALK ABOUT WHAT THE STATUTE.

21:50 - WELL IT GOES THE SECOND ISSUE

21:52 - I'D LIKE TO HEAR.

21:54 - YOU TELL US ABOUT ONE CASE

21:56 - WHERE WE'VE HELD CAUSE OF DEATH

21:57 - MEANS.

21:58 - NEGLIGENCE OR CHAIN OF

22:00 - TORTIOUS CONDUCT BECAUSE IF

22:02 - YOUR THEORY WAS CORRECT.

22:04 - THEN WHY WOULDN'T THE

22:05 - LEGISLATURE HAVE SAID

22:07 - AFFIRMATIVE MISREPRESENTATION

22:10 - OF FOR FRAUD YOU IN CONCEALMENT

22:12 - OF NEGLIGENCE OR THE

22:14 - TORCH'S CONDUCT WAR OF

22:16 - MALPRACTICE RATHER THAN OF THE

22:19 - CAUSE OF DEATH. I DON'T SEE THE

22:21 - LIMITING PRINCIPLE.

22:23 - IF WE FROM THE SUPERIOR COURT.

22:26 - WHAT IS THE

22:27 - LIMITING PRINCIPLE.

22:29 - IT WELL NEVER BE ANY

22:31 - LIMITATIONS ON ACTIONS.

22:33 - OF THIS NATURE BECAUSE LOOK

22:35 - RETROSPECTIVELY MANY MANY YEARS

22:37 - LATER THE JUDICIAL PROCESS.

22:39 - THE OUTPUT OF THE JUDICIAL

22:41 - PROCESS. MANY

22:42 - YEARS LATER COULD COULD CHANGE

22:44 - THE GAME QUITE ENTIRELY

22:45 - UNDERSTOOD JUST SWEPT BUT

22:47 - PLEASE UNDERSTAND THAT ON AND I

22:48 - KNOW THAT YOU'RE WEARING THIS.

22:50 - CERTIFICATE THERE 24 BOXES

22:52 - THAT RELATE TO CAUSE OF DEATH

22:53 - THERE ISN'T ONE LINE. THE LINE

22:55 - IN THIS CASE DOES SAY TRIPLE A

22:57 - BUT DOCTOR KHAN A BOY AS A

22:58 - TREATING PHYSICIAN WHO HAD SEEN

23:00 - THIS PATIENT 5 TIMES OVER AN 18

23:02 - DAY PERIOD. I THINK SHE HAS A

23:03 - STABLE AND YEARS AND THEN SHE

23:05 - DIES. WHAT DOES HE DO HE DOES

23:07 - NOTHING JUSTICE. HE DOES

23:09 - NOTHING THERE'S NO SENDING ALL

23:10 - OF THAT LETTER THERE'S NO

23:12 - PATIENT SAFETY LETTER

23:13 - THERE'S NO SIT-DOWN MEETING

23:14 - WITH HIS FAMILY THERE'S NO CALL

23:16 - TO THE RADIOLOGIST TO SAY HEY

23:18 - YOU TOLD ME THAT IN YEARS AND

23:19 - WAS STABLE MY PATIENT BY WHAT

23:20 - HAPPENED HERE THERE'S NO

23:22 - SIT-DOWN MEETING WITH THE

23:22 - FAMILY TO TELL THEM ANYTHING

23:24 - WORST CASE SCENARIO THOUGH HE

23:26 - ON A DEATH CERTIFICATE JUSTICE

23:28 - CHECKS THE BOX THAT SAYS

23:29 - NATURAL DEATH. THIS WAS NOT A

23:32 - NATURAL DEATH. THE RECORD

23:33 - BEFORE YOU THERE'S AN ADMISSION

23:35 - BY THE RADIOLOGIST THAT HE

23:36 - MISINTERPRETED THAT FILM PER

23:38 - THE RADIOLOGY REPORT ANY CALLED

23:40 - TO TELL THE PHYSICIAN

23:41 - THAT HE NEEDED TO DO MORE

23:43 - THERE'S AN ADMISSION OF

23:44 - NEGLIGENCE THAT IS A

23:45 - PREVENTABLE MEDICAL AIR WHICH

23:47 - UNDER ANY DEFINITION FOR

23:48 - FILLING IN A DEATH CERTIFICATE

23:50 - THAT HAS TO BE CHECKED

23:51 - ACCIDENTAL. THAT'S AN

23:52 - AFFIRMATIVE MISREPRESENTATIONS

23:54 - HE CHECK NATURAL CAUSE OF DEATH

23:56 - WE HAD NO WAY TO DUST TO

23:57 - UNDERSTAND THAT.

24:01 - THE CAUSE OF DEATH WAS THE

24:03 - DISSECTING ANEURYSM RIGHT THERE

24:04 - AT THE MANNER OF DEATH YOU'RE

24:06 - TALKING NOW ABOUT THE MANNER OF

24:08 - DEATH

24:08 - OVER HERE.

24:09 - BEING NATURAL CAUSES OR IN

24:11 - YOUR CLAIM, NOT A NATURAL

24:13 - CAUSES. THE LEGISLATURE IS

24:15 - TALKING ABOUT CAUSE OF DEATH.

24:17 - SO THERE'S NO QUESTION THAT SHE

24:19 - DIED OF THE INJURIES AND YOU

24:20 - ARE YOU'RE CONCERNED ABOUT THAT

24:22 - THE FIELD YOU'RE LEGIT YOU'RE

24:24 - ALLEGING A FAILURE TO REACT.

24:27 - FINALLY TO THE ANNUAL BUT

24:28 - SHE DIED OF THE RUPTURED IN

24:30 - WHAT JUSTICE TAKE THE CASE

24:32 - WHERE YOU GO IN FOR ANASTASIA

24:34 - OKAY.

24:34 - THEY'RE IN A SEIZURE.

24:36 - YOUR PULSE RATE STARTS TO DROP

24:38 - TO SUNSET START TO DROP IN THE

24:39 - CRA WHO SITTING AT THAT IF THE

24:41 - BED WAS OUT TOO LATE WATCHING

24:42 - THE STEELERS GAME AND THEY

24:44 - ALLOW YOU TO DIE. YOU DON'T

24:45 - HAVE A CARDIAC ARREST THAT IS

24:47 - CORRECT. BUT IT IS

24:48 - NOT TRUE. YOU DIED OF A CARDIAC

24:50 - ARREST THAT WAS CAUSED BY

24:51 - MEDICAL NEGLIGENCE BECAUSE

24:52 - SOMEBODY WAS ASLEEP AT THE

24:54 - WHEEL AND THEY HAVE THE ABILITY

24:56 - TO PREVENT

24:56 - YOUR DEATH ARE YOU TELLING ME

24:58 - THAT IF THAT PERSON WRITES ON

24:59 - THAT CERTIFICATE CARDIAC ARREST

25:01 - THAT THE PLAINTIFF WHO CAN'T

25:03 - DISCOVER THAT IS BOARD FROM

25:04 - FILING A LAWSUIT IN THE

25:05 - COMMONWEALTH AND LOOK WHAT

25:06 - HAPPENED HERE JUSTICE.

25:08 - WE WE DID EVERYTHING WE WERE

25:09 - SUPPOSED TO DO I OR THOSE

25:10 - MEDICAL RECORDS I SENT HIM OUT

25:11 - TO 2 EXPERTS I SENT HIM TO

25:13 - A PRIMARY CARE PHYSICIAN, I

25:15 - SAID WITH THE RADIOLOGIST

25:16 - RADIOLOGIST SAID BAD READ

25:18 - PRIMARY CARE PHYSICIAN SAID.

25:21 - HE IS ENTITLED TO

25:22 - RELY UPON THE OPINION OF THE

25:24 - RADIOLOGIST WHO TOLD HIM THAT

25:25 - FILM DIDN'T SHOW A LEAKING

25:27 - INTEREST. OKAY, WE FOLLOWED ALL

25:30 - THE RULES.

25:32 - I MAY BE CRITICIZED FOR BEING

25:33 - TOO PROFESSIONAL FOR NOT

25:34 - RUNNING THE TO GET MOTIONS TO

25:36 - COMPEL BUT DOCTOR BIRX WOULD

25:38 - NOT PRESENT FOR HIS DEPOSITION

25:39 - FOR 5 YEARS. BUT DURING THAT

25:41 - TIME HE FILED AN ANSWER.

25:43 - HE FOUND NEW MATTER

25:45 - HE FILED A JOINT OR AGAINST THE

25:46 - HOSPITAL BUT NOWHERE DID HE

25:48 - EVER BLAME. DOCTOR KHAN A BOY

25:50 - NOWHERE AND THIS IS A PROBLEM

25:52 - IN A STATE WHERE WE DON'T HAVE

25:53 - MANDATORY JOINED HER.

25:55 - HE WAITS UNTIL HIS DEPOSITION

25:57 - AFTER FILING ALL OF THOSE

25:58 - PLEADINGS INCLUDING DISCOVERY

26:00 - ANSWERS WHERE WE SAID

26:02 - TO TALK TO ANYBODY ABOUT THIS

26:03 - READER THIS THIS FILM, NO.

26:06 - ARE ANY ERRORS IN THE

26:07 - MEDICAL RECORD KNOW AND MANY

26:09 - PRESENTS TO A DEPOSITION SAYS

26:10 - OH YEAH MY MY READING ISN'T

26:12 - BEFORE RATING. I PICKED UP THE

26:13 - PHONE AND CALLED DOCTOR KHAN A

26:15 - BOY AND I TOLD HIM

26:17 - I TOLD THEM THAT THIS WAS

26:18 - DANGEROUS AND HE NEEDED TO DO

26:19 - MORE IN HIS PATIENT MIGHT DIE.

26:20 - THIS COULD VERY WELL WE'RE

26:22 - CALLOUS. TO SIMPLY YOUR THEORY

26:24 - OF THIS CASE IS YOUR THEORY OF

26:26 - THIS CASE. THE DOCTOR

26:28 - BARRICK'S THE RADIOLOGIST.

26:32 - PRIVATELY MISREPRESENTED I'D

26:35 - OR IS IT THAT DOCTOR KHAN A BOY

26:39 - MISREPRESENTED WHEN HE PHONED

26:41 - IN THAT DEATH OF JUSTICE I

26:42 - DON'T KNOW THAT'S A DECISION

26:44 - HAS TO BE MADE BY A JURY.

26:45 - I HAVE MY OPINION

26:47 - BUT MY OPINION DOESN'T MATTER

26:48 - THAT IS IF YOU'RE A JURY

26:49 - QUESTION.

26:55 - YOU DON'T KNOW ANYTHING

26:56 - YOU'RE STANDING HERE TODAY IN

26:58 - FRONT OF THE SUPREME COURT.

26:59 - I MEAN THERE'S A PLANE YOU THAT

27:00 - HAS AN OBLIGATION

27:02 - WE DO WHATEVER YOU HAVE TO DO,

27:03 - BUT IT'S A CAT BIAS THAT THE

27:05 - PATIENT IS IN A FOREVER.

27:07 - THE THING WHATEVER HAPPENED

27:09 - HAPPENED IN A VERY FINITE

27:10 - PERIOD OF TIME. WE HAD THE

27:11 - RADIOLOGY REPORT I DIDN'T.

27:15 - WHAT I DIDN'T HAVE YOUR HONOR

27:17 - WAS.

27:19 - I WANT YOU TO CUT BACK ON A

27:20 - MORE.

27:23 - BUT WHAT IT DOESN'T SAY IS THAT

27:24 - I TALKED.

27:28 - WELL WE REACHED

27:29 - OUT TO HIM AS A TREATING

27:30 - PHYSICIAN ATTEMPTED TO TALK TO

27:31 - HIM, BUT HE WOULDN'T TALK TO US

27:33 - AND YOU.

27:33 - I MEAN.

27:35 - YOU HAVE RECOURSE THE MOTIONS

27:37 - TO COMPEL EVEN TAKE THE

27:39 - COMPLAINT DISCOVERY BUT JUST AS

27:41 - YOU CAN TAKE TRUCK FOR TOLLING

27:42 - AGREEMENT WITH DOCTOR KHAN OF

27:43 - IT JUST JUST AS I DIDN'T EVEN

27:45 - GET.

27:47 - WITH ALL THAT WITHOUT BUT UP

27:48 - WITH ALL THE KNOWLEDGE THAT 2

27:49 - YEAR PERIOD WITH ALL DUE

27:50 - RESPECT JUST AS I GOT THE CASE

27:52 - AT THE

27:52 - 11TH MONTH.

27:53 - WITHIN 2 MONTHS I HAD 2

27:55 - EXPERT OPINIONS I HAD MY

27:56 - COMPLAINT FILED AND I HAD

27:57 - DISCOVERY SERVED, THERE WAS NO

27:59 - WAY I WAS EVER GOING TO DEPOSE

28:01 - DOCTOR BARRACKS AND

28:02 - DOCTOR CONWAY WITHIN THE 9

28:04 - MONTHS I HAD LEFT IT IT'S JUST

28:06 - NOT THE REALITIES OF LITIGATION

28:07 - AND WHAT IF I FILED A WRIT YOUR

28:08 - HONOR WHAT IF I GOT THIS CASE

28:10 - ON THE 11TH HOUR AND FILED A

28:11 - WRIT SO ON ON THE 12TH HOUR

28:14 - ON TIME UNDER UNDER THAT

28:16 - INTERPRETATION OF STATUTE, I'M

28:17 - DONE AND IT DOESN'T MATTER WHAT

28:19 - WHAT HAS HAPPENED AT ANY POINT

28:20 - IN TIME. I DON'T THINK I CAN BE

28:22 - CHARGED WITH THAT THAT'S NOT

28:24 - THE RULE WE'RE NOT A RICH AND

28:26 - AND AND THEN AND THEN OF

28:27 - CARNIVAL RULE DUE TO

28:28 - 5% WHAT WHAT WHAT IF IT WHAT IF

28:31 - HE DID IT WHAT IT FINDS OUTSIDE

28:32 - THE 2 YEARS UNDER A STRICT

28:33 - INTERPRETATION.

28:37 - THE PLANE NOT

28:40 - IT IS NOT IF YOU READ THE REPLY

28:42 - BRIEF VERY CAN WE CAN WE.

28:45 - NARROW DOWN IT I WANT TO FALL

28:48 - I THINK WE JUST LIKE TO ASK

28:49 - YOU.

28:50 - WHAT JUST TALK ABOUT THE PURE

28:52 - LEGAL ISSUE OF WHAT THAT

28:53 - STATUTE MEANS WENT HIS CAUSE OF

28:55 - DEATH THAT WOULD BE FOR A WILL

28:59 - HOLD THAT FOR

28:59 - A SECOND. THEY'RE A THING AS

29:01 - YOU WANT TO ADD BECAUSE I THINK

29:03 - WHAT WE WANT TO KNOW IS WHAT IS

29:07 - DEATH MEANING THAT

29:08 - STATUTE THE SPEAR COURT CAME UP

29:10 - WITH A WITH A NOVEL

29:11 - INTERPRETATION AND I THINK

29:12 - THAT'S WHY WE TOOK THE CASE AND

29:14 - THEN IT IS FIRMLY WHO GRADUATE

29:17 - MEMBER MISREPRESENTED WHAT TO

29:19 - WHOM THAT

29:20 - THAT WOULD GET YOU THROUGH THAT

29:22 - STATUTE AND PASSED THE STATUTE

29:23 - OF LIMITATION FOR.

29:25 - RIGHT YOUR HONOR IN THE ONLY

29:26 - THING I WOULD ADD IS THAT THIS

29:28 - CASE CAN BE ANALYZED IN A

29:30 - VACUUM BECAUSE THAT'S NOT THE

29:31 - WAY LAWSUITS DEVELOP AND THIS

29:33 - HAPPENS THE PLAINTIFFS ALL THE

29:34 - TIME.

29:35 - BUT BUT THERE HAS TO BE A

29:37 - SANCTION FOR A DOCTOR.

29:39 - AND DOES WHAT DOCTOR BARRETT

29:41 - AND OR DOCTOR KHAN AVOIDED, I

29:43 - THE WAY THEY CAN CONSPIRE ANY

29:46 - TIME THEY WANT TO IN A DEATH

29:47 - CASE.

29:49 - IN YOUR THEIR MEDICAL RECORD

29:51 - ISN'T ACCURATE. WE HAD THIS

29:53 - CONVERSATION THAT OCCURRED

29:54 - BETWEEN DOCTOR BIRX AND DOCTOR

29:55 - CONWAY A CRACK APPEARED IN

29:57 - DOCTOR BARRETT, HIS RECORD

29:59 - AND OR APPEARED IN DOCTOR

30:00 - CARNELL BOYS RECORD AND HE

30:01 - WANTS TO ACT LIKE AN

30:02 - INNOCENT VICTIM. HE DIDN'T

30:03 - RIGHT DOWN TO IT YOU CAN'T EVEN

30:05 - TELL YOUR TO SEE TEA THERE'S

30:07 - NOTHING IN HIS RECORD ABOUT ANY

30:08 - OF THIS.

30:11 - ANY THING WANT TO SAY IN

30:13 - CONCLUDING THANK YOU SO.

30:16 - I JUST DESCRIBED, BUT ONE

30:17 - POINT.

30:19 - MISTER PERRY. YOU SAID EARLY IN

30:21 - YOUR ARGUMENT BOTH DOCTORS LIED

30:23 - UNDER OATH.

30:24 - THE WAY I'M READING YOUR

30:26 - ARGUMENT YOU'RE SAYING ONE OR

30:27 - THE OTHER LIED UNDER OATH,

30:29 - THEY GET.

30:30 - IF I SAID THEY BOTH DID THAT

30:32 - THEY MAY BOTH HAVE IS WHAT I

30:33 - WAS THEY MAY HAVE CONSPIRED TO

30:35 - LIE, I DON'T KNOW

30:37 - I KNOW WHAT DOCTOR BIRX SAID IN

30:39 - IOWA DOT COM WHERE THEY BOTH

30:40 - CALL EACH OTHER LIARS.

30:42 - YOUR THEORY REALLY IS THAT

30:43 - ONE OR THE OTHER LIGHT.

30:45 - I'M NOT CONVINCED THERE WAS A

30:47 - CONSPIRACY HERE BECAUSE I

30:48 - REACHED OUT TO THE TREATING

30:49 - PHYSICIAN HIS PATIENT HAD DIED,

30:51 - HE'D BEEN THE DOCTOR FOR YEARS

30:52 - YOU WOULD THINK HE WOULD WANT

30:53 - TO KNOW HOW HIS PATIENT COULD

30:55 - HAVE DIED WHEN SOMEBODY GAVE

30:56 - HIM THE WRONG SIDE. HE WOULD

30:58 - TALK TO ME.

30:59 - I EVEN SENT A TRANSCRIPT WITH

31:01 - DOCTOR BIRX AND HERE'S WHAT HE

31:02 - SAID HE HE CALLED YOU TONY

31:04 - WE'LL TALK TO ME THEN I SUED

31:05 - HIM TO GET AN ORDER TO TAKE HIS

31:07 - DEPOSITION.

31:08 - HE WAS HOLY UNCOOPERATIVE

31:10 - DESPITE ITS HIPPOCRATIC OATH TO

31:11 - HELP HIS AND

31:14 - JUSTICE WHITE WE'RE TALKING

31:15 - SEVERAL YEARS AFTER YOUR GUESS

31:17 - I AM SEVERAL YEARS AS WELL I

31:19 - STARTED TO CONTACT THEM

31:20 - IMMEDIATELY AND YOU BEGIN.

31:24 - WELL WITHIN THE STATUTE THAT

31:28 - DOCTOR

31:29 - BARRACKS WE HAD REPORTED THAT

31:31 - THERE WASN'T AN ANEURISM ANY

31:33 - WITH THE DIMENSIONS DESCRIBED

31:35 - AND THAT WAS POORLY VISUALIZE

31:38 - AND THAT THAT WAS REPORTED THE

31:39 - CONVOY, CORRECT.

31:40 - SO WHY DID NOT PUT YOU WANT

31:42 - INQUIRY NOTICED WAY BACK THEN

31:44 - DID YOU NEED TO TAKE A HARD

31:45 - LOOK AT KHON A BOY AND

31:46 - MAYBE EITHER FILE A WRIT OF

31:48 - SUMMONS GET IT ALL IN AGREEMENT

31:51 - GET A MOTION TO COMPEL TO GET

31:52 - MORE INFORMATION BEFORE THE

31:53 - STATUE WITH DUE RESPECT

31:55 - JUSTICE. I'M CAN FIND BY THE

31:57 - CERTIFICATE OF MERIT WHICH HAS

31:58 - BEEN YOU KNOW A GREAT LAW.

32:00 - I GOT THE RECORDS AND I

32:02 - REVIEWED BY PCP.

32:05 - AND THE RECORDS ARE ACCURATE

32:06 - YOUR HONOR. IF THE RECORD WAS

32:08 - WHAT IT WAS THAT I HAD REVIEWED

32:09 - WE WOULDN'T BE HERE WITH THE

32:11 - DOCTORS WEREN'T ACCURATE.

32:13 - THEY'RE REQUIRED UNDER THE LAW

32:14 - TO KEEP MEDICAL RECORDS

32:15 - ACCURATELY THEY DIDN'T DO IT.

32:18 - AND WITH ALL DUE RESPECT I

32:19 - CAN'T REWRITE THE RECORD YOUR

32:21 - HONOR I GET THE RECORDS AND I

32:23 - SEND THEM OFF

32:23 - THE EXPERTS WHO BLINDLY REVIEW

32:26 - THEM AND THEY TELL ME IF I HAVE

32:27 - A LEGITIMATE CASE AND I PRIDE

32:28 - MYSELF ON NOT SUING DOCTORS.

32:30 - YOU DON'T DESERVE TO BE SUED

32:32 - JUST A SWEAT. AND INTERESTINGLY

32:33 - THE AMICUS

32:35 - WHO TELL YOU THAT IF YOU'RE ALL

32:36 - WRONG HERE, THE SKY'S GOING TO

32:37 - FALL THERE'S ALL THESE NEW

32:38 - LAWSUITS. THEY HAVE OKAY WHAT

32:40 - YOU SAY THEY SAY I SHOULD'VE

32:42 - SUIT EVERY DOCTOR WHO TOUCHED

32:43 - THIS CASE IMPORTANTLY WITHIN

32:45 - THAT TIME PERIOD. WELL THAT'S

32:47 - NOT THE LOT I CAN'T SUE EVERY

32:49 - DOCTOR. NOR WOULD I WANT TO

32:51 - IT'S NOT FAIR TO THEM. YOU HAVE

32:53 - TO GET HIP TO MARRIAGE. AND I

32:56 - TRIED AND I COULDN'T GET ONE.

33:00 - THANK YOU THANK YOU.

33:06 - DO WE HAVE THE

33:06 - BACKGROUND WE'RE INTERESTED I

33:09 - AND THE REASON

33:10 - WE GRANTED.

33:12 - IS WHAT'S THE CAUSE OF DEATH

33:13 - MEAN. AND HOW DO YOU ARRIVE AT

33:16 - IT AND THEN WHAT. PROOF

33:19 - RIGHT JULIE, MISREPRESENTED

33:21 - WHAT TO WHOM.

33:23 - I THINK

33:24 - THE CONCEALED.

33:26 - I I THINK WHERE TO BEGIN IS

33:28 - WHERE

33:28 - YOU STARTED WITH THE TO THE

33:31 - DEFENSE DEFENDANT.

33:35 - IF THE LAKE IF WE WERE IF YOU

33:36 - WERE TO ADOPT THE DEFENDANTS

33:38 - INTERPRETATION THIS IS WHAT THE

33:40 - STATUE WILL MOUNT.

33:42 - IF THERE IS AN AFFIRMATIVE

33:43 - MISREPRESENTATIONS FRAUDULENT

33:45 - CONCEALMENT THE IMMEDIATE

33:48 - MEDICAL CAUSE OF DEATH LISTED

33:50 - IN SECTION 3 OF THE DEATH DEATH

33:52 - CERTIFICATE BUCS LINE ONE.

33:55 - THEN YOU CAN GO AHEAD THE

33:58 - DEFENDANT WILL BE A STOP WE CAN

33:59 - TRIGGER THE APPLICABLE TOTAL

34:01 - PROVISION THAT IS EXACTLY

34:03 - PRECISELY WHAT THE DEFENDANT

34:05 - WANTS THAT STATUE FOR IT.

34:09 - THAT IS NOT

34:09 - THE INTERPRETATION. THAT'S

34:11 - ABSURD AND THAT WAS THE FIRST

34:12 - QUESTION YOU ASKED THAT WOULD

34:13 - IN GOING BACK TO WHEN THEY

34:16 - CONCEIVABLY FOR THAT THAT

34:18 - LITTLE POLLING PROVISION EVER

34:19 - BE TRIGGERED.

34:21 - HOW MANY TIMES ARE WE PROJECT

34:23 - THAT LEE. DRAFTING SOME DEATH

34:25 - CERTIFICATES IN THIS. COMING UP

34:27 - FIRST OF ALL THE

34:28 - DEATH CERTIFICATES OCCASIONALLY

34:30 - IN ALL WAYS, BUT OFTEN

34:33 - FILLED IN COMPLETED

34:35 - BY PHYSICIANS. THEY HAVE

34:37 - CONTROL OF THAT DOCUMENT.

34:38 - NOW I THINK IT PROBABLY PUT

34:41 - SOMETHING ON THAT DOCUMENT THE

34:42 - CAUSE OF DEATH WAS THE HARD

34:43 - PART ME YOU DON'T THINK THE

34:45 - CAUSE OF DEATH IS S STATED ON

34:47 - THE DESK, YOU KNOW I DON'T.

34:48 - I THINK THE CAUSE OF DEATH WAS

34:50 - AN UNTREATED.

34:53 - IT WAS A PREVENTABLE MEDICAL

34:54 - ERROR. NOW YOU CAN SEE JUST A

34:57 - FOLLOW-UP ON JUST A SAILOR'S

34:58 - QUIT THAT.

35:00 - YOU CONCEDE THAT THE CAUSE OF

35:01 - DEATH WAS AN ANEURYSM I MEAN

35:04 - THAT THE CAUSE OF DEATH WAS AN

35:06 - ANEURISM YOUR CLAIM IS THAT THE

35:07 - MANNER

35:08 - OF DEATH WAS A MEDICAL

35:09 - NEGLIGENCE RATHER THAN ACCIDENT

35:11 - OR NATURAL CAUSES RIGHT.

35:13 - I MEAN IF THE CAUSE OF DEATH.

35:16 - LET'S SAY THERE WAS A SURGEON.

35:19 - ANY WENT IN

35:20 - TO DO A VALVE REPAIR THE

35:22 - RESPECTED THE ORDER OR

35:23 - SOMETHING AND THEN HE CONCEALED

35:25 - THAT BY YOU KNOW MYOCARDIAL

35:28 - INFARCTION AS THE CAUSE OF

35:29 - DEATH.

35:30 - THAT WOULD BE PRECISELY THE

35:32 - KIND OF THING PRESUMABLY THE

35:33 - STATUTE AIMED AT WHEREAS IN

35:35 - THIS CASE ON ANYBODY'S THEORY.

35:38 - THE LADY DIED OF THE

35:40 - RUPTURED ANEURYSM AND NOW

35:43 - YOU'RE CHALLENGING WHETHER

35:44 - NEGLIGENCE CONTRIBUTED TO THAT

35:46 - WHICH WOULD GO TO IF ANYTHING

35:48 - TO MANNER OF DEATH. WHY IS

35:50 - THAT INCORRECT.

35:51 - WELL 8.

35:52 - I THINK MAYBE I SHOULD HAVE

35:53 - STARTED WITH THIS THE POSITION

35:55 - OUR POSITION HAS ALWAYS BEEN

35:57 - THE DEATH CERTIFICATE. IT'S

35:59 - REALLY NOT RELEVANT. IN THIS

36:00 - CASE AND WE BELIEVE WAS NOT

36:02 - RELEVANT TO THE LEGISLATURE

36:04 - WHEN THEY PASSED 5, 1, 3, D.

36:07 - WHAT THE LEGISLATURE SAID IS

36:08 - WE'RE GOING TO HAVE

36:09 - THE STATUTE OF LIMITATIONS WITH

36:11 - A DATE CERTAIN DEATH. ALL ARE

36:13 - GREAT, BUT THEY SAID WAIT A

36:14 - MINUTE. THERE ARE GOING TO BE

36:16 - TIME.

36:19 - HER SON DIED HOW THAT

36:20 - PERSON DIED. THE EVENTS THE

36:22 - SUCCESSION OF EVENTS THAT LED

36:24 - UP TO THAT

36:24 - THAT DEATH INVOLVED NEGLIGENCE

36:27 - AND SOMEBODY CAN LIVE OUT THAT

36:28 - SOMEBODY CAN JUST FEEL THAT

36:29 - AND WE'RE NOT GOING TO PUT

36:30 - SOMEONE OUT OF COURT FOR THAT

36:31 - REASON. THEY WEREN'T IN

36:33 - OUR POSITION. LOOKING AT THE

36:36 - DEATH CERTIFICATE THAT WE USE

36:37 - IN THIS COMMONWEALTH THAT IS

36:39 - USED ACROSS THE UNITED STATES.

36:40 - AND THE NUMBER OF PROBLEMS THAT

36:42 - WE HAVE AS A COUNTRY OF

36:44 - DEATH CERTIFICATES ARE SO

36:45 - OBVIOUS AND I KNOW THIS IS NOT

36:46 - THE PLACE FOR THE TIME TO

36:48 - DISCUSS THAT THE IDEA OF OUR

36:50 - GENERAL ASSEMBLY BASING AN

36:52 - ENTIRE THEIR ENTIRE STATUTE

36:54 - LIMITATIONS AND AN ACT WHAT A

36:55 - BULL POLLING FIRM ISN'T WHAT

36:58 - A DOCTOR DECIDES TO PUT IN A

37:00 - DEATH CERTIFICATE IT IS

37:02 - INCONCEIVABLE TO A

37:03 - METAL THOUGH.

37:05 - YOUR ARGUMENT AND I DID AND

37:07 - MISTER PERRY I THINK WAS SORT

37:08 - OF MILLING AROUND THE EDGES OF

37:10 - IT IS THAT WE DON'T KNOW THE

37:11 - CAUSE OF DEATH UNTIL WE TRIED

37:13 - TO A JURY.

37:16 - I MEAN I CAN SPIN THE HIGH POSE

37:18 - FOR YOU WHERE WHERE

37:20 - THE PERSON MISS 10091, ONE

37:22 - CENTER THE 911 CENTER IS SLOW

37:24 - ANSWERING

37:25 - THE PHONE. THE 911

37:27 - PROVIDES AN ADDRESS TO THE

37:29 - AMBULANCE, THE AMBULANCE GETS

37:31 - LOST ON THE WAY THERE.

37:33 - ETCETERA ETCETERA SO SAID THE

37:36 - CREATIVE POINT OF LAWYERS

37:38 - WHEN YOU. YEARS PER PLAINTIFF

37:40 - LAWYERS CAN SAY LOOK WE HAVE 5

37:42 - DIFFERENT POTENTIAL CAUSES OF

37:44 - DEATH AS WE INTERPRET THE

37:45 - PHRASE CAUSE OF DEATH

37:47 - AND THE ONLY WAY WE'RE GOING TO

37:48 - HAVE TO DIVIDE THAT IS TO PUT

37:49 - THAT TO A JURY

37:51 - AND INDEED I MEAN IT NOW USE

37:53 - THE PORT LAW

37:54 - WE MAY HAVE INTERVENING CAUSE

37:55 - ASIANS AND GREAT RECEIVING

37:56 - CAUSATION IS ETCETERA WELL AS

37:59 - AT ALL ACCURATE.

38:01 - I AGREE IN WHAT'S VERY

38:03 - TELLING ABOUT THE HAD IS

38:05 - BECAUSE OF WHAT YOU JUST SAID

38:07 - TO ADOPT THEIR INTERPRETATION

38:08 - WE NEVER GET THERE. WERE KICKED

38:10 - OUT ON SUMMARY JUDGMENT BECAUSE

38:12 - THE DEATH CERTIFICATE LINE ONE

38:13 - SAYS WHAT IT SAYS. NOW WE DON'T

38:16 - GET TO DECIDE, BUT WAS THERE OR

38:17 - NOT 1, 1, CALL THAT CONTRIBUTED

38:19 - WAS THERE A PHYSICIAN WHO WAS

38:21 - ASLEEP AT THE WHEEL THAT

38:22 - CONTRIBUTED WE DON'T GET THERE

38:24 - BECAUSE CAUSE OF DEATH FOR

38:26 - THESE PURPOSES. IT'S ALL

38:27 - MORNING CONCEALING WHAT

38:29 - HAPPENED. HOW DID MISSUS WIT

38:31 - AND I WE KNOW HOW SHE DIED.

38:33 - MY PERSPECTIVE FROM OUR CASE.

38:35 - THE ANEURISM WAS MISSED ON A

38:36 - FILM AND OR ME ASK YOU A VERY

38:39 - SPECIFIC QUESTION.

38:40 - ON TO YOUR THEORY OF THIS

38:42 - CASE IS IT NECESSARY TO TRY IT

38:45 - TO A JURY TO DETERMINE CAUSE OF

38:47 - DEATH.

38:48 - IT'S NECESSARY TO TRY IT NOW

38:50 - WITH THE STATUTE OF LIMITATIONS

38:52 - ISSUE AT HAND.

38:53 - THAT'S WHY

38:54 - WE GET I THOUGHT MAKE HIT MAYBE

38:57 - YOU'VE ANSWERED MY QUESTION,

38:59 - BUT IT, I'M ONLY WORRIED ABOUT

39:01 - THE PHRASE CAUSE OF DEATH

39:02 - BECAUSE OF THAT.

39:03 - SUPERIOR COURTS. THE CRASH

39:05 - WHAT IT MEANT.

39:06 - HE HAVE TO TRY THE CASE TO

39:07 - DETERMINE CAUSE OF DEATH IS

39:08 - USED IN THE STATUTE. YES FOR

39:10 - NOW.

39:12 - WE'VE GOT GREAT CAN YOU

39:13 - REPHRASE THAT I'M NOT AND I

39:15 - APOLOGIZE AND I'M NOT TRYING TO

39:16 - I DON'T I APOLOGIZE TO YOU YOU

39:18 - HAVE TO TRY THE CASE. TO

39:21 - DETERMINE THE CAUSE OF DEATH

39:23 - AS THE SUPERIOR COURT CONSTRUE

39:24 - THAT YOU'RE ADVOCATING IT.

39:27 - UNDER THE STATUTE WE HAVE

39:28 - TO TRY TO MAKE MONEY.

39:34 - YOU HAVE TO TRY THE CASE.

39:40 - WOW AND WAS

39:40 - THERE NEGLIGENCE IN THIS

39:42 - PREVENTABLE INJURY FROM

39:44 - A CURRENT. IF YOU, HERE'S WHERE

39:45 - I'M GOING FUSE THEN IF IF

39:47 - THAT'S YOUR POSITION. THE

39:48 - MEDICAL CAUSE OF DEATH.

39:50 - IS RELATED TO ANEURISM

39:54 - CLEARLY.

39:55 - THAT IS WHY SHE TOOK HER LAST

39:57 - BREATH, RIGHT.

39:58 - BUT THEN IT DOESN'T MATTER WHAT

40:00 - THE DEATH CERTIFICATE SAID NO

40:02 - WE CAN ALL AGREE THAT WAS THE

40:03 - MEDICAL CAUSE OF DEATH.

40:04 - KRAKOW WHAT YOUR A SPOUSE

40:07 - SAYING IS THE LEGAL CAUSE OF

40:08 - DEATH.

40:09 - YOU KNOW WHY WHY DID THIS

40:11 - HAPPEN WAS THAT IS A RESULT OF

40:14 - WHO

40:15 - WAS NEGLIGENT.

40:16 - BUT TO ME I I THOUGHT WE WERE

40:18 - HERE

40:19 - TO DETERMINE IF THE STATUTORY A

40:22 - LANGUAGE ON CAUSE OF DEATH

40:24 - MEANT THE MEDICAL CAUSE OF

40:27 - DEATH THE ANEURISM OR THE LEGAL

40:30 - CAUSE OF DEATH. A DOCTOR MAY

40:32 - HAVE BEEN NEGLIGENT. SO CAN YOU

40:33 - CLARIFY THAT FOR ME

40:35 - I DIDN'T THINK WE WERE REALLY

40:36 - GETTING INTO THE WHOLE MANNER

40:37 - OF DEATH. I I THOUGHT WE WERE

40:39 - JUST DETERMINING DOES CAUSE OF

40:42 - DEATH MEAN IN THIS STATUE ME

40:44 - MEDICAL CAUSE OF DEATH OR LEGAL

40:45 - CAUSE I AGREE AND IF WE

40:48 - WE'RE DOING TO ADOPT THE

40:50 - INTERPRETATION OF DEFENDANTS.

40:51 - THERE'S NO REALLY NO REASON TO

40:53 - HAVE THE CAPITAL TOWING

40:54 - PROVISION IN THE STATUTE.

40:55 - IT'S MEANINGLESS WHAT ABOUT MY

40:57 - SCENARIO WOULD BE MEANINGLESS

40:58 - AND MY SCENARIO I HAVE ABOUT

40:59 - THE.

41:00 - POSITION CONCEALING ISN'T

41:02 - ISN'T THIS. ISN'T IT.

41:05 - IT SPECIFICALLY FOR THAT KIND

41:07 - OF INSTANCE WHERE DOCTOR DID

41:08 - LIE BECAUSE HE WENT IN TO DO A

41:11 - VALVE REPLACEMENT IN MY

41:12 - HYPOTHETICAL AND HE HE

41:14 - RESPECTED THE A WARNING

41:16 - CONCEALS THAT BY WRITING BY

41:18 - SIGNING IT OUT. I'M SIGNING IT

41:20 - OUT YOU KNOW

41:20 - MYOCARDIAL INFARCTION WHEN IN

41:22 - FACT IT WAS A BLEED BECAUSE OF

41:24 - HIS BOUT PRACTICED

41:25 - SO IT'S IT'S NOT A LOSER E IT

41:27 - SEEMS TO ME THE STATUTE IS FOR

41:28 - THINGS LIKE THAT.

41:32 - NOW I WOULD AGREE THAT THAT

41:33 - UNDER YOUR SCENARIO.

41:35 - THE STAB THE ACQUITTAL TOLLING

41:36 - PROVISION

41:37 - WOULD WORK WE ARGUE THAT THAT

41:39 - SCENARIO IS SO FAR FEW AND FAR

41:41 - BETWEEN THAT IT WOULD RENDER

41:43 - ESSENTIALLY MEANINGLESS WHEN AT

41:45 - THE SAME TIME WHEN

41:47 - A PHYSICIAN LIES ABOUT THE

41:49 - CONDUCT WHAT HAPPENED

41:51 - TO GET THAT RUPTURE NOT ON THE

41:53 - PIECE OF PAPER. IT'S A PAPER

41:54 - SAYS WHAT IT SAYS BUT

41:56 - LIES ABOUT WHY WOULD THE PIECE

41:58 - OF PAPER SAID OCCUR. THAT'S

42:00 - WHAT WE BELIEVE THE LEGISLATURE

42:02 - WANTED TO ADDRESS.

42:04 - THERE'S REALLY NO REASON TO PUT

42:06 - EQUITABLE TOLLING PROVISION IN

42:07 - THERE AND AGAIN IT'S AN WHAT'S

42:09 - A BULL HER VISION. I WANT

42:12 - 5.13 DAY.

42:13 - THAT'S THE ISSUE BEFORE THE

42:14 - COURT SHARE WITH US YOUR

42:16 - POSITION TO THE SPECIFIC

42:18 - LANGUAGE THAT SAYS THE ACTION

42:20 - MUST BE COMMENCE WITHIN 2 YEARS

42:22 - AFTER BUG THAT. NOW WITH

42:25 - FULL LEGAL

42:26 - AFFIRMATIVE MISREPRESENTATIONS

42:28 - OR FRAUDULENT CONCEALMENT ALL

42:30 - BECAUSE OF THAT. NOW

42:33 - UNDER STRICT STATUTORY

42:34 - CONSTRUCTION. HOW DO YOU VIEW

42:36 - THE WORD, DEATH AND CAUSE OF

42:38 - THAT.

42:41 - CONDUCTING A

42:42 - STATUTORY CONSTRUCTION ANALYSIS

42:44 - WHICH ONE SHOULD DO YOU START

42:45 - WITH CLIMATE. YOU LOOK AT THAT

42:47 - WORK FOR WORK. WHAT THE DEFENSE

42:49 - WANTS YOU TO DO IS SAY THOSE

42:51 - WORDS THEIR MEDICAL TERMS OF

42:52 - ART AND IN THE MEDICAL

42:54 - COMMUNITY CAUSE OF DEATH GOES

42:56 - BACK AND FORTH MANY DIFFERENT

42:57 - WAYS UNDER MANY DIFFERENT

42:59 - REASONS FOR ANY DIFFERENCE IN

43:00 - AREAS, LAY PEOPLE UNDERSTAND

43:02 - CAUSE OF DEATH TO BE THAT'S

43:04 - WHAT THEY'RE SUGGESTING IS

43:05 - CAUSE OF DEATH TO THEM.

43:06 - THE MEDICAL TERM OF ART AND

43:08 - LEGISLATURE SAT DOWN AND SO

43:09 - WE'RE LOOK AT MEDICAL TERMS OF

43:10 - OUR MORNING AND THROW IT IN THE

43:11 - STATUTE OF LIMITATIONS. WE'RE

43:13 - SAYING IS CAUSE OF DEATH IN THE

43:14 - LEGAL FIELD. THIS IS A LEGAL.

43:17 - THERE'S A LAW. THIS IS THE

43:18 - YEAR. IT'S A STATUE. CAUSE OF

43:20 - DEATH IN THE LEGAL FIELD.

43:22 - WHEN WE ARE.

43:24 - ARE ARE BRINGING CAUSES

43:26 - OF ACTION FOR A WRONGFUL CAUSE

43:28 - OF DEATH WE WANT TO KNOW WHY IT

43:29 - WAS WRONGFUL, WE KNOW THE

43:31 - PERSON DIED. A DOCTOR CAN

43:33 - TELL US WHY THEY TOOK THEIR

43:34 - LAST BREATH WE GO INTO COURT

43:36 - UNDER THAT LEGAL FACT YOU TO

43:38 - DECIDE AND HOW THE JURY DECIDE

43:40 - OR A COURT WHY DID THAT HAPPEN.

43:44 - WHAT WE'RE TRYING

43:45 - TO STOP WHAT THE LEGISLATURE IS

43:47 - TRYING TO STOP ITS CONCEALMENT

43:49 - OF WHY THAT HAPPENED OTHERWISE.

43:52 - PROVISION IS IT'S MEANINGLESS.

43:56 - NOT THE FIRST TIME.

43:59 - UNDERSTAND YOUR ARGUMENT YOU

44:00 - WANT TO VERY BRIEFLY COMMENT.

44:03 - I DON'T KNOW IF THIS IS PART OF

44:04 - YOUR ARGUMENT AND MISTER PERRY

44:05 - ALREADY COVERED IT.

44:07 - WHO FRIDAY ON LEE.

44:11 - MISREPRESENTED OR CONCEALED.

44:14 - BECAUSE WHAT WHEN WHERE THAT

44:16 - WELL AGAIN WE'RE NOT WE'RE NOT

44:18 - A JURY

44:20 - JUST TO SAY THAT SAY TO YOU

44:21 - YOU'RE STANDING IN FRONT OF

44:22 - SUPREME YOU'VE GOT TO YOU'VE

44:24 - GOT TO HAVE A

44:24 - CASE HERE. WE GET THE HAVE A

44:27 - DEFINITIVE THEORY IS PROJECT WE

44:30 - CAN PROJECT ONLY MISREPRESENTED

44:32 - OR CONCEALED.

44:35 - THAT JUSTIFIES. YEAH, I'M

44:37 - MISSING THE STATUTE OF

44:38 - LIMITATIONS BY 5 YEARS.

44:40 - WHATEVER WHAT.

44:49 - A THEORY IN THE SENSE THAT WE

44:51 - BELIEVE.

44:53 - 2 DOCTORS POINTING FINGERS AT

44:56 - ONE ANOTHER. WHAT HAPPENED WAS.

44:59 - FALL AND I DON'T WANT TO BE

45:01 - REGARDED ALREADY YEAH THAT'S

45:02 - WHAT YOU WRITE ME SO KERRY SAYS

45:05 - SOMEBODY'S LIFE.

45:06 - IT COULD BE SOMEBODY MISS

45:07 - REMEMBERS

45:09 - HIS RIFLE. BUT NOT WITHSTANDING

45:11 - SO YOU'RE SAYING THAT YOU'RE

45:12 - CAUGHT IN BETWEEN THE 2 I DON'T

45:13 - WANT TO BE REPETITIVE WHAT

45:15 - MISTER PERRY SAID IF I COULD

45:17 - JUST FOLLOW UP ON THAT IT SEEMS

45:18 - TO ME THAT YOU'RE STANDING OR

45:20 - FRONT OF US.

45:21 - ALL THESE MANY YEARS LATER.

45:25 - WE STILL KNOW ONLY THAT SHE

45:26 - DIED OF AN ANEURISM AND WE

45:29 - KNOW THAT THE PRIMARY CARE

45:30 - PROVIDER.

45:34 - AN APPOINTMENT WITH A

45:35 - VASCULAR SPECIALIST BUT

45:37 - UNFORTUNATELY SHE RUPTURED

45:39 - BEFORE THAT AND I AND ALL THESE

45:41 - YEARS LATER YOU STILL DON'T

45:43 - HAVE UP.

45:45 - AWAY FLUSHING OUT THE THEORY

45:46 - ABOUT WHO DEFRAUDED WHO AND HOW

45:49 - AND WHY SO YOU WANT US TO ALLOW

45:51 - YOU TO GO BACK TO A JURY TO GET

45:53 - A VERDICT FROM THEM AS THE

45:55 - WEATHER. AND IF SO WHO.

45:59 - LIED OR MISREPRESENTED

46:01 - SOMETHING ABOUT AN ANEURISM

46:03 - IT'S GOING TO BURST

46:04 - IT TAKES US SO FAR FIELD LEADS

46:07 - ME TO WONDER

46:08 - IF THE IF THE STATUTE MEANS

46:10 - SOMETHING OTHER THAN CAUSE OF

46:11 - DEATH WHEN IT SAYS CAUSE OF

46:13 - DEATH. ARE WE GOING TO OPEN THE

46:15 - DOORS TO TORT CASES. MANY YEARS

46:17 - LATER IN ALL KINDS

46:19 - OF SCENARIOS IN ORDER TO SEE IF

46:21 - THERE'S SOME OTHER RADICAL

46:23 - DEFENDANT OUT THERE IN THE

46:24 - WHITE AND I AND I APOLOGIZE I I

46:26 - UNDERSTAND A LITTLE BETTER

46:27 - WHERE WE ARE.

46:28 - YOU ARE HEADED WITH THIS.

46:31 - IT IN A PERFECT WORLD WHAT WHAT

46:33 - OCCURRED.

46:37 - ENOUGH INFORMATION

46:38 - ENOUGH EVIDENCE TO OBTAIN

46:41 - CERTIFICATES AMERICA AMERICA

46:42 - ABOUT. WHAT HAPPENED WAS AT

46:44 - SOME POINT DOCTOR BARRETT WENT

46:47 - ONE SAID ROLL OVER ON THE OTHER

46:49 - GUY US TO KNOW ABOUT THIS.

46:51 - BUT I'M GONNA TELL YOU NOW AND

46:53 - WE'RE SAYING OK WAIT A MINUTE.

46:55 - WE BELIEVE THE NEGLIGENT

46:57 - WE DON'T ALL OF US AND

46:58 - EXONERATE DOCTOR BARRACKS.

46:59 - WE'VE GOT STILL RADIO TO REPORT

47:02 - THAT A PLANE YOU'VE HAD OR

47:03 - COULD HAVE HAD. ON DAY ONE.

47:06 - DOCTOR BERGER TO

47:08 - SHOULD I TALK TO THE FAMILY

47:10 - PHYSICIAN DOCTOR KHAN WHO THE

47:12 - LOGICAL THING IS.

47:13 - THE DEPOSED DOCTOR KHAN A

47:14 - BOY. AND YOU DIDN'T DO ANY OF

47:17 - THAT. YOU KNOW WE DIDN'T WE

47:18 - DIDN'T CONDUCT THE PLAY OF THE

47:20 - CAN CLOSE WITH BOTH WITH THAT

47:21 - IN TERMS OF IDAHO.

47:27 - IN TERMS OF THE RADIOLOGY

47:28 - REPORT 3 EQUALITY REPORT

47:30 - INCLUDES. A LOT

47:32 - OF INFORMATION.

47:34 - DOCTOR KHAN OF WAYS THE PCP WAS

47:36 - UNDER THE IMPRESSION IT WAS

47:37 - HAVING HER.

47:39 - TREATED OR SHOULD I SAY

47:40 - EVALUATED, INCLUDING THE CTA

47:42 - SCAN BECAUSE HE BELIEVED HER

47:44 - FLIGHT PAIN RELATED TO A KIDNEY

47:46 - STONE.

47:48 - ACTUALLY NO WE DON'T ACTUALLY

47:50 - KNOW WHAT.

47:52 - WE DON'T ACTUALLY KNOW WHAT WAS

47:54 - TOLD TO DOCTOR CONWAY

47:55 - WHEN A CALL WAS MADE WHAT WE

47:58 - KNOW IS THAT DOCTOR CONWAY

47:59 - REMEMBERS A WOMAN

48:00 - CALLED ME. HIS IS HIS RECORD

48:03 - DON'T STATE. A WOMAN CALLED ME

48:05 - AND A WOMAN TOLD

48:05 - ME THIS. NOW UNLESS DOCTOR KHAN

48:08 - OF LIKE A TIME TO READ THAT

48:09 - REPORT WE'LL GET SOME INSIGHT.

48:10 - WE HAVE NO IDEA WHAT DOCTOR

48:12 - KOHN OF A FIGHT THE MEDAL I I

48:14 - THINK THE HORSE IS DEAD.

48:15 - I COULDN'T AGREE MORE IF YOU

48:17 - HAVE A SENSE THE FINN ABLE TO

48:20 - IT WHAT WAS THE CAUSE OF DEATH

48:21 - OF WE HAVE TO TRY THAT YOU KNOW

48:24 - WE HAVE WE

48:25 - THANK YOU VERY MUCH FOR YOUR

48:26 - ARGUMENT THEY CAN MARRY MY SAY

48:28 - CONCLUSION FEEL FREE.

48:30 - I THINK THAT I'VE HEARD IT,

48:32 - THANK YOU.

48:34 - ENERGY TRANSFER VERSUS

48:35 - FRIEDMAN AND PUBLIC UTILITY

48:37 - COMMISSION FOR SAYS FRIEDMAN

48:39 - HER 2 INTERRELATED APPEALS

48:41 - THAT WILL REQUIRE THE SUPREME

48:43 - COURT TO LOOK AT THE

48:43 - INTERSECTION THE PUBLIC'S RIGHT

48:46 - TO ACCESS DOCUMENTS HELD BY A

48:48 - STATE AGENCY ON THE ONE HAND

48:50 - AND THE STATE AGENCY IN PUBLIC

48:52 - UTILITIES, RIGHT

48:54 - TO KEEP INFORMATION THAT IT

48:55 - BELIEVES COULD BE POTENTIALLY

48:56 - DANGEROUS OUT OF PUBLIC VIEW ON

48:58 - THE OTHER HAND.

49:00 - ERIC FREEDMAN IN THIS CASE MADE

49:02 - A REQUEST TO THE PUBLIC UTILITY

49:03 - COMMISSION FOR RECORDS

49:05 - CONCERNING THE MARINER EAST ONE

49:06 - PIPELINE.

49:08 - HE MADE THIS REQUEST PURSUANT

49:09 - TO THE RIGHT TO KNOW LAW.

49:11 - THIS ALLOWS PEOPLE IN GROUPS TO

49:13 - ACCESS CERTAIN RECORDS HELD BY

49:15 - A COMMONWEALTH OFFICE OR

49:16 - AGENCY. THE COMMISSION DENIED

49:18 - HIS REQUEST FOR A NUMBER OF

49:19 - REASONS. IT FOUND THAT THE

49:21 - RECORDS COULD PUT THE PIPELINE

49:23 - IN DANGER.

49:26 - BUT THE RECORDS WERE PART OF A

49:28 - NON CRIMINAL INVESTIGATION.

49:30 - AND THAT THE RECORDS

49:31 - WE'RE CONFIDENTIAL

49:33 - SECURITY INFORMATION WHICH IS

49:35 - DEFINED AS INFORMATION THAT

49:37 - COULD RISK SABOTAGE OR CRIMINAL

49:40 - OR TERRORISTIC ACTS AND NOT

49:42 - JUST CLOSING IT WOULD

49:43 - KEEP PEOPLE PROPERTY AND THE

49:45 - PUBLIC UTILITY SAFE. THIS PART

49:48 - OF

49:48 - THE DECISION WAS MADE UNDER THE

49:50 - CONFIDENTIAL SECURITY

49:52 - INFORMATION PUBLIC DISCLOSURE

49:53 - PROTECTION ACT.

49:55 - WHEN AN AGENCY DENIES THE RIGHT

49:57 - TO KNOW REQUEST APPEALS CAN BE

49:59 - TAKEN TO THE OFFICE OF OPEN

50:00 - RECORDS. FREEMAN DID FILE AN

50:02 - APPEAL AND THE OFFICE REVERSED.

50:05 - IT AGREED THAT PART OF THE

50:07 - RECORD COULD PUT THE PIPELINE

50:08 - DANGER. BUT THAT THOSE PARTS

50:10 - COULD BE REDACTED SO THAT

50:12 - NOBODY WOULD SEE THOSE PARTS OF

50:13 - THE RECORD.

50:15 - THEY COULD NOT BE WITHHELD

50:16 - THOUGH UNDER THE NON CRIMINAL

50:18 - INVESTIGATION RULE AND IT FOUND

50:21 - THAT THEY WERE NOT CONFIDENTIAL

50:22 - SECURITY INFORMATION. WHAT THE

50:25 - PUBLIC UTILITY COMMISSION

50:26 - AND ENERGY TRANSFER WHICH IS

50:28 - THE COMPANY OPERATING THE

50:29 - PIPELINE'S APPEAL THIS DECISION

50:31 - TO THE COMMONWEALTH COURT WHICH

50:32 - HEAR SUCH APPEALS. THE

50:34 - COMMONWEALTH COURT FOUND THAT

50:35 - THE OFFICE OF OPEN RECORDS WAS

50:37 - NOT ALLOWED

50:38 - TO DECIDE THE QUESTION OF

50:39 - WHETHER THE RECORDS REQUESTED

50:41 - WERE CONFIDENTIAL SECURITY

50:42 - INFORMATION BECAUSE THE

50:44 - CONFIDENTIAL SECURITY

50:45 - INFORMATION PUBLIC DISCLOSURE

50:47 - PROTECTION ACT, SPECIFICALLY

50:49 - LIMITS THAT DECISION TO BE MADE

50:51 - BY THE PUBLIC UTILITY

50:52 - COMMISSION. IT DID NOT ADDRESS

50:54 - THE OTHER REASON IS REACHED IN

50:57 - BY THE OFFICE OF OPEN RECORDS

50:58 - FOR ITS DECISION. BEFORE THE

51:00 - SUPREME COURT NOW. FRIEDMAN WHO

51:03 - IS THE APPELLANT

51:04 - ARGUES THAT NEW TO THE PUBLIC

51:05 - UTILITY COMMISSION NOR ENERGY

51:08 - TRANSFER FOLLOW THE STEPS

51:10 - REQUIRED TO HALF THE RECORDS

51:11 - PROTECTED AS

51:13 - CONFIDENTIAL SECURITY

51:14 - INFORMATION UNDER THE RELEVANT

51:16 - HACKED THE PUBLIC UTILITY

51:18 - COMMISSION AND ENERGY TRANSFER

51:19 - OF COURSE DISAGREE WITH THAT

51:21 - CONCLUSION. BUT THEY FURTHER

51:23 - ARGUE THAT IF THE SUPREME COURT

51:25 - WERE TO AGREE WITH FRIEDMAN AND

51:26 - REVERSE THE COMMONWEALTH COURT

51:28 - ON THAT BASIS

51:29 - THAT THE SUPREME COURT SHOULD

51:30 - TAKE A LOOK AT THE OTHER

51:31 - REASONS THAT THE OFFICE OF OPEN

51:33 - RECORDS CAVE FOR ENTERING

51:34 - ITS DECISION ARGUING THAT THOSE

51:37 - BASES ARE ALSO INCORRECT.

51:39 - LET'S GO TO THE COURTROOM NOW

51:40 - AND SEE THE ARGUMENTS.

51:43 - THE NEXT CASE BRIAN.

51:56 - WE SEE IT MR. GOBERT.

52:03 - THANK YOU

52:04 - IT IN. I DID A POOR JOB I THINK

52:07 - LAST CASE.

52:10 - PROHIBITING THEM FROM

52:11 - REPEATING ONE ANOTHER IN AND I

52:13 - DON'T WANT YOU TO BE THE

52:14 - VICTIMS OF THAT SO WANT TO

52:15 - PROVIDE YOU FAIR WARNING I

52:17 - APPRECIATE YOU REPRESENT 2

52:18 - DIFFERENT PARTIES WHICH IS

52:19 - DISTINCT FROM THE LAST CASE,

52:21 - BUT I'D ASK YOU TO NOT REPEAT

52:23 - YOURSELF AND WE'LL TRY TO GET

52:25 - THE RAIN THAT IN IT IF IT'S

52:27 - OCCURRING. IN

52:29 - THIS CASE. IT INVOLVES THE

52:31 - RIGHT TO KNOW LAW REQUEST.

52:34 - BY

52:34 - A HELMET ERIC REID MEN CAN

52:37 - PIECE PUBLIC UTILITY COMMISSION

52:39 - SEEKING RECORDS RELATING TO THE

52:40 - BLAST RADIUS. A HIGHLY VOLATILE

52:43 - LIQUID PIPELINES

52:45 - THAT IS THE PIPELINE THAT THE

52:47 - PELLEY ENERGY TRANSFER OPERATES

52:49 - THE COMMISSION PUBLIC UTILITY

52:52 - COMMISSION DENIED A REQUEST

52:53 - CONCLUDING THAT THE DOCUMENTS

52:55 - SOUGHT WERE CONFIDENTIAL

52:56 - SECURITY INFORMATION UNDER THE

52:58 - PUBLIC UTILITY CONFIDENTIAL

53:00 - SECURITY INFORMATION DISCLOSURE

53:01 - PROTECTION ACT.

53:03 - MISTER FREEMAN APPEAL THIS

53:05 - DECISION THE OFFICE OF OPEN

53:07 - RECORDS. IT DETERMINED THAT THE

53:09 - PROTECTIONS OF THE C I A

53:11 - CSI ACT WE'RE IN APPLICABLE

53:14 - IN ORDER TO COMMISSION TO

53:15 - PROVIDE REDACTED VERSIONS OF

53:16 - SOME OF THE DOCUMENTS APPLY

53:20 - HER RIGHT TO KNOW

53:22 - AT CONSTRAINTS UPON APPEAL THE

53:24 - COMMONWEALTH COURT REVERSED

53:25 - CONCLUDING THAT THE OFFICE OF

53:26 - OPEN RECORDS DID NOT HAVE THE

53:28 - AUTHORITY TO DETERMINE THAT

53:29 - THE RECORDS. WE'RE NOT

53:31 - CONFIDENTIAL SECURITY

53:32 - INFORMATION WE GRANTED ALLOW IT

53:34 - TO THE PEOPLE TO CONSIDER

53:35 - WHETHER THE OFFICE OF OPEN

53:37 - RECORDS HAS THE AUTHORITY TO

53:38 - ORDER THE RELEASE.

53:40 - THE RECORDS BASED UPON ITS

53:41 - DETERMINATION THAT THEY'RE NOT

53:43 - PROTECTED BY THE CSI ACT IN

53:45 - A COMPLEX CASES THAT'S

53:47 - REASONABLY CORRECT COMMISSIONER

53:48 - FEEL FREE TO GO AHEAD. THANK

53:50 - YOU. GOOD MORNING.

53:52 - CHIEF JUSTICE AND JUSTICE

53:53 - ISN'T IT PLEASE THE COURT AND

53:54 - MEGAN SHANNON REPRESENTING

53:55 - ERIC RYDMAN AND THAT IS AN

53:57 - ACCURATE STATEMENT OF THE FACTS

53:58 - THAT THEY MAY EXPAND. BRIEFLY

54:00 - UP ON A COUPLE OF THEM.

54:03 - MISTER FREEMAN SPECIFICALLY

54:04 - REQUESTED NON CSI INFORMATION

54:06 - FROM THE PUBLIC UTILITY

54:07 - COMMISSION.

54:08 - PULL THE MIC UP A

54:09 - LITTLE BIT. THE LAST WORDS MAY

54:11 - HAVE BLOWN IT OUT BUT HOPEFULLY

54:14 - WE'LL BE ABLE TO HEAR YOU IS

54:16 - THAT BETTER. THANK YOU.

54:18 - MISTER FRIEDMAN'S REQUEST WAS

54:20 - DENIED BY THE PUBLIC UTILITY

54:21 - COMMISSION AND IN THAT INITIAL

54:23 - DENIAL, THE PUBLIC UTILITY

54:24 - COMMISSION CITED THE CSI ACT AS

54:26 - WELL AS SEVERAL PROVISIONS OF

54:28 - THE RIGHT TO KNOW LAW AND IN

54:29 - THAT AND I LETTER

54:30 - SPECIFICALLY DIRECTED MISTER

54:31 - FRIEDMAN TO TAKE HIS APPEAL TO

54:33 - THE OFFICE OF OPEN RECORDS.

54:37 - USUALLY WE LET YOU KEEP

54:38 - GOING BUT WHICH THEY'RE

54:39 - REQUIRED TO DO BY STATUTE IS

54:41 - THAT CORRECT. THEY'RE REQUIRED

54:42 - TO DO THAT BY STATUTE IN A

54:43 - RIGHT TO KNOW REQUEST WHEN

54:44 - THEY'RE CITING THE RIGHT TO

54:45 - KNOW LIES THE REASON FOR NOT

54:47 - DISCLOSING IT.

54:48 - SO MY COLLEAGUES WOULD ARGUE

54:50 - THAT THE OFFICE OF OPEN RECORDS

54:51 - WENT BEYOND ITS AUTHORITY

54:52 - INTERPRETING THE

54:53 - CSI ACT HOWEVER THAT'S NOT WHAT

54:55 - THE OFFICE OF OPEN RECORDS DID

54:57 - IN THIS CASE. WHAT OUR

54:59 - LOOK AT WAS THE EVIDENCE BEFORE

55:01 - IT TO DETERMINE HOW DOES THE

55:03 - CSI ACT EVEN APPLY. I'M NOT

55:05 - SQUARELY WITHIN ITS AUTHORITY

55:07 - THE SAME WAY IT CAN DETERMINE.

55:09 - YOU KNOW IN A REQUEST FOR VIDEO

55:11 - FOOTAGE TO ZACH 22 APPLY.

55:13 - THE BODY-WORN CAMERA STATUTE

55:14 - ONLY WHEN THERE IS BY ONE

55:16 - CAMERA FOOTAGE THEY CAN MAKE

55:18 - THAT THRESHOLD DETERMINATION OF

55:19 - WHAT LAW APPLIES WHETHER LAWS

55:21 - BESIDES MIGHT APPLY. 2 REQUIRED

55:25 - TO YIELD ITS AUTHORITY.

55:27 - THAT'S NOT THE SAME AS

55:28 - INTERPRETING THE CSI ACT IT'S

55:30 - NOT THAT THEY LOOK AT THE

55:31 - UNDERLYING RECORDS AND

55:33 - ANALYZE WAS THIS PROPERLY

55:35 - DESIGNATED A CSI UNDER THAT

55:37 - STATUTE. THEY LOOK AT THE CSI

55:39 - ACT AS 8 THRESHOLD MATTER C.

55:43 - AS THE CSI ACT EVEN PROVIDE ANY

55:45 - PROTECTION TO THESE RECORDS.

55:49 - IF THEY DETERMINE THAT THE

55:51 - CSI ACT DOES. PROTECT THESE

55:54 - RECORDS.

55:56 - AND THAT THE.

56:00 - THE PROCEDURE IS.

56:03 - CSI SCENARIO THAT THE AGENCY

56:06 - WITH THESE RECORDS HERE BP YOU

56:08 - SEE.

56:09 - MAKES THE INITIAL DETERMINATION

56:11 - WITHIN THE PEEL COMMONWEALTH

56:13 - COURT IN ACCORDANCE WITH THE

56:14 - APPLICABLE STATUTORY LANGUAGE.

56:16 - THEN OUR DAY DONE.

56:19 - DON'T THEY NO LONGER OF PINE.

56:23 - IS IT

56:23 - INCONSISTENT WITH WHAT I THINK

56:26 - YOU'RE SAYING FOR THEM TO SAY

56:27 - NOT WITHSTANDING ALL OF THAT.

56:29 - YOU CAN HAVE THESE RECORDS.

56:31 - MISTER FREEMAN.

56:32 - IT'S NOT EXACTLY. THE

56:34 - QUESTION BEFORE THE COURT

56:35 - TODAY, NOT DOES

56:37 - THE CSI IT IS THE CSI ACT

56:39 - PROTECTING THESE RECORDS ITS IS

56:41 - THE CSI ACT EVEN A CLICKABLE TO

56:43 - THESE RECORDS AND IF NOT

56:45 - THERE'S NOTHING PREVENTING THE

56:45 - OFFICE OF OPEN RECORDS FROM

56:47 - ORDERING THE DISCLOSURE OF

56:48 - THOSE UNDERLYING RECORDS.

56:49 - I THINK THAT'S PROBABLY FAIR SO

56:51 - WHY ISN'T THE CSI APP PUT ONE

56:54 - OF THESE RECORDS. SO THE CSI

56:55 - ACT DOESN'T APPLY UNDER THE CSI

56:57 - ACT AND ITS REGULATIONS

57:00 - PUBLIC UTILITY SUCH AS ENERGY

57:02 - TRANSFER IS SUBMITTING RECORDS

57:04 - TO THE PUBLIC UTILITY

57:05 - COMMISSION IT'S REQUIRED TO

57:06 - FOLLOW A FEW STEPS

57:08 - TO DESIGNATE CERTAIN

57:09 - INFORMATION AS CSI AND OTHER

57:11 - INFORMATION IS NOT CSI

57:13 - IT SENDS A TRANSMIT A LETTER

57:14 - SAYING HERE'S WHAT WE'RE

57:15 - SENDING YOU YOUR PAGES ONE

57:17 - THROUGH 5 REPUBLIC PAGE 6 HAS

57:20 - CSI FOR THESE REASONS

57:22 - PROCEDURES FOLLOWED THEN

57:25 - PERHAPS THE PROPER PEEL CHANNEL

57:26 - IS NOT THE OFFICE OF RECORDS.

57:28 - HOWEVER, THERE'S NO EVIDENCE IN

57:30 - THIS CASE THAT THAT TRANSMITTAL

57:31 - LETTER WAS SENT OR THAT THAT

57:33 - DESIGNATION WAS MADE IF ENERGY

57:35 - TRANSFER.

57:39 - ENERGY

57:39 - TRANSFER WOULD HAVE TO PROVIDE

57:40 - A TRANSMITTAL LETTER EXPLAINING

57:41 - WHAT IT'S MEANT AND WHY

57:42 - CONSIDERED CERTAIN PARTS OF

57:44 - THAT UNDERLYING DOCUMENTS CSI

57:46 - AND PROVIDE A REDACTED COPY

57:48 - UNREDACTED COPY. BUT THERE'S NO

57:50 - EVIDENCE BEFORE THE OFFICE OF

57:51 - OPEN RECORDS THAT THAT

57:52 - PROCEDURE WAS

57:53 - EVER FOLLOWED SO SO THE REASON

57:55 - IT'S NOT CSI SOMEBODY FORGOT TO

57:57 - WRITE THAT INTO A LETTER,

57:58 - NOT BECAUSE THE YOU WHAT I

58:00 - THINK YOU'RE SAYING IS THE

58:01 - DOCUMENT MAY WELL BE CSI IF WE

58:04 - LOOK AT THE DOCUMENT LOOK AT

58:05 - THE STATUTE.

58:06 - BUT SOMEBODY FORGOT TO WRITE

58:07 - A LETTER AND THEREFORE THEY

58:08 - WAVED THE CLAIM.

58:09 - WELL IT'S IT'S MORE THAN A

58:10 - MERE TECHNICALITY THE

58:11 - REGULATIONS SAY THAT IF THE

58:13 - PROCEDURES

58:14 - NOT FOLLOWED THE UNDERLYING

58:15 - RECORDS THAT PUBLIC UTILITIES

58:17 - NOT AFFORDED ANY CSI

58:18 - PROTECTION. IT'S NOT A MATTER

58:20 - OF YOU KNOW.

58:22 - A TECHNICALITY FORGETTING TO

58:23 - PUT SOMETHING IN A LETTER IT'S

58:24 - INVOKING THE PROTECTION OF THIS

58:26 - ACT FOR RECORDS THAT WOULD

58:27 - OTHERWISE BE PUBLIC RECORDS.

58:31 - AGAIN BOTH GUEST IS GOING

58:34 - ISN'T THAT.

58:36 - FOR PUBLIC UTILITY COMMISSION

58:39 - TO INTERPRET.

58:41 - BECAUSE WE'RE DEALING

58:43 - WITH A PROTOCOL THAT SET FORTH

58:45 - IN CSI AT AND THE PUBLIC

58:48 - UTILITY COMMISSION HAS FOR LACK

58:51 - OF A BETTER PHRASE EXCLUSIVE

58:53 - JURISDICTION OVER APPEALS

58:55 - REGARDING AT ONE UPI THE PUBLIC

58:57 - UTILITY COMMISSION IN

59:00 - THAT WOULD HAVE TO DETERMINE

59:01 - WHETHER OR NOT THAT PREF

59:03 - EACH ROLE MISS TAP OR THE

59:05 - FAILURE TO FOLLOW

59:06 - THAT PROCEDURE HAS OR DOES OR

59:09 - DOES NOT HAVE THE CONSEQUENCES

59:11 - THAT YOU'RE ARGUING.

59:12 - WELL IN THIS CASE, THE PUBLIC

59:13 - UTILITY COMMISSION ITSELF

59:15 - DIRECTED MISTER FREEMAN TO FILE

59:17 - HIS APPEAL IN THIS CASE WHERE

59:19 - THEY CITED THE

59:19 - CSI ACT TO THE OFFICE OF OPEN

59:21 - RECORDS THEY SEND HIM ELSEWHERE

59:23 - IF THIS WAS IN THEIR

59:24 - JURISDICTION IN THEIR SOLE

59:25 - JURISDICTION.

59:26 - THEY WOULD NOT HAVE DONE THAT

59:27 - WELL BUT I DON'T THINK THAT'S

59:28 - TRUE. I THINK IT'S TESTED SPEAR

59:30 - POINTED OUT IF IT'S A RIGHT TO

59:32 - KNOW LAW REQUEST THEY'RE

59:33 - REQUIRED TO TELL THE REQUEST OR

59:36 - TO GO TO THE OFFICE OF OPEN

59:38 - RECORDS.

59:40 - I MEAN THEN FOR THE OFFICER,

59:42 - BUT BROKEN RECORD SAYING THAT

59:43 - THIS IS THIS IS FOR THE PUBLIC

59:45 - UTILITY COMMISSION BECAUSE ITS

59:46 - INTERPRETATION OF THE CSI ACT.

59:50 - GET

59:50 - IT IN.

59:51 - WE CAN GET MY RIGHT, YEAH I

59:53 - HEAR EXACTLY RIGHT AND THIS IN

59:54 - FURTHER TO THAT IT STRIKES ME.

59:58 - THAT IT'S WRONG TO SAY THAT

59:59 - 880 THE LEGISLATURE WOULD WANT.

01:00 - 06.939 CRACK PROTECTED SECURITY

01:00 - 08.789 INFORMATION THAT THAT COULD BE

01:00 - 11.419 VALUABLE. IT COULD PERISH

01:00 - 14.200 ARE LIKE. 2 GET OUT

01:00 - 16.409 BECAUSE SOMEBODY FORGOT TO PUT

01:00 - 17.660 THE PARAGRAPH IN THE LETTER.

01:00 - 19.959 TO SOMEBODY I THINK I THINK

01:00 - 21.069 THIS IS WHAT THIS IS STARTING

01:00 - 22.070 TO SAY.

01:00 - 25.099 SOMEBODY IN THE P YOU SEE

01:00 - 26.719 SOMEBODY YOU KNOW ARE SOMEBODY

01:00 - 28.180 IN THE COMMONWEALTH COURT OR US

01:00 - 30.689 IS A COURT OF LAST RESORT HAS

01:00 - 31.690 TO SAY.

01:00 - 34.570 NO YOU DON'T GET

01:00 - 36.249 THESE DOCUMENTS BY VIRTUE A

01:00 - 37.889 WAIVER BECAUSE SOMEBODY FORGOT

01:00 - 38.820 TO WRITE SOMETHING INTO A

01:00 - 40.879 LETTER. WHAT WITH THE

01:00 - 43.359 DISCLOSURE IS PRETTY THAT THE

01:00 - 44.489 REASON I PRESUME FOR THE

01:00 - 46.959 SECURITY. ACTIVE BECAUSE THE

01:00 - 48.689 DOCUMENTS NEED TO BE SECURE THE

01:00 - 49.390 INFORMATION TO

01:00 - 49.950 BE SECURE.

01:00 - 52.039 WAS IF I COULD JUST FOLLOW UP

01:00 - 56.119 AND ACT A 3RD OF MAYBE MAKE THE

01:00 - 57.570 QUESTION MORE SPECIFIC

01:00 - 59.509 BECAUSE WHAT IS BEING

01:00 - 01.209 INTERPRETED HERE IS THE

01:01 - 03.119 CONSEQUENCES OF THE FAILURE TO

01:01 - 05.509 FOLLOW THE PROCEDURE OF THE CSI

01:01 - 07.129 ACT AND PUBLIC

01:01 - 09.499 UTILITY COMMISSION HAS THE

01:01 - 11.789 APPELLATE JURISDICTION OVER A

01:01 - 12.919 DISPUTE INVOLVING

01:01 - 15.059 THE CSI ISN'T IT. THE PUBLIC

01:01 - 16.299 UTILITY COMMISSION IN THE

01:01 - 19.029 FIRST INSTANCE TO DETERMINE

01:01 - 20.519 WHAT THE CONSEQUENCES OF THAT

01:01 - 21.520 MISSTEP.

01:01 - 23.279 IN THIS CASE AND TO THE

01:01 - 24.289 OFFICE OF OPEN RECORDS

01:01 - 25.939 MAINTAINS AT RIGHTFUL

01:01 - 26.940 JURISDICTION TO MAKE A

01:01 - 27.940 DETERMINATION.

01:01 - 29.970 BECAUSE THEY'RE NOT

01:01 - 31.759 INTERPRETING WHETHER THE CSI

01:01 - 33.369 ACT WAS PROPERLY APPLIED IN ON

01:01 - 34.919 HER PUTTING WHETHER IT WAS

01:01 - 36.660 PROPERLY DESIGNATED A CSI

01:01 - 38.529 THE REGULATIONS SPECIFICALLY

01:01 - 40.249 SAYS THAT THE CSI ACT DOES NOT

01:01 - 41.589 PROTECT RECORDS IF THIS

01:01 - 42.180 PROCEDURES

01:01 - 43.799 NOT FOLLOWED THAT WAS WRITTEN

01:01 - 44.999 INTO THE REGULATIONS TO

01:01 - 46.049 HIGHLIGHT THE IMPORTANCE THAT

01:01 - 47.399 YOU KNOW IF THERE IS HE A SIGN

01:01 - 48.340 OF RECORD YOU'RE SUBMITTING TO

01:01 - 49.349 THE COMMISSION FOLLOW THIS

01:01 - 50.750 PROCEDURE MARKETS

01:01 - 51.970 STRAIGHTFORWARD TO SEND A

01:01 - 53.209 LETTER SAYING THIS IS PROTECTED

01:01 - 54.249 AND NOT SUBJECT TO THE RIGHT TO

01:01 - 54.720 KNOW LAW.

01:01 - 56.319 THIS IS SUBJECT TO THREATS NOAH

01:01 - 57.419 AND WILL BE DISCLOSED AND I

01:01 - 58.180 WOULD ALSO NOTE THAT THAT

01:01 - 00.029 TRANSMITTAL LETTER ITSELF IS

01:02 - 01.699 NOT ALLOWED TO CONTAIN CSI

01:02 - 04.009 INFORMATION AND IT IS A PUBLIC

01:02 - 05.329 RECORD SUBJECT TO DISCLOSURE

01:02 - 06.450 UNDER THE RIGHT TO KNOW LAW.

01:02 - 07.709 IT ALSO HIGHLIGHT THE FACT THAT

01:02 - 09.140 THE OFFICE OF OPEN RECORDS

01:02 - 10.759 REQUESTED COPIES OF THOSE

01:02 - 11.879 TRANSMITTAL LETTERS WHICH WOULD

01:02 - 13.080 HAVE CLEARED UP THE QUESTION.

01:02 - 14.439 YOU KNOW WAS THIS DESIGNATED

01:02 - 16.689 CSI SUCH THAT THE CSI ACT

01:02 - 17.889 APPLIES AND MAYBE WE DON'T HAVE

01:02 - 19.470 JURISDICTION AND.

01:02 - 23.690 THE KIND OF EVERY OPPORTUNITY.

01:02 - 25.729 SEVERAL OPPORTUNITIES TO

01:02 - 26.769 PROVIDE THOSE TRANSMITTAL

01:02 - 27.819 LETTERS YOU KNOW THEY SUBMIT A

01:02 - 29.589 DIFFERENT CAMERA VIEW WHICH THE

01:02 - 30.949 OFFICE OF OPEN RECORDS CANNOT

01:02 - 32.310 TAKE INTO EVIDENCE.

01:02 - 38.859 UNDERLYING EVIDENCE THAT THE

01:02 - 40.699 CSI ACT DOES APPLY THE OFFICE

01:02 - 41.700 OF OPEN RECORDS.

01:02 - 42.899 YOU KNOW JUST MAINTAINS

01:02 - 44.269 AUTHORITY TO BUILD THIS IS A

01:02 - 45.430 RIGHT TO KNOW LAW MATTER.

01:02 - 50.250 AND ALSO HIGHLIGHT, YOU KNOW.

01:02 - 51.980 YEAH OPEN MARKETS

01:02 - 53.739 IS CREATED AS ONE UNIFORM STATE

01:02 - 55.930 OFFICE TO HANDLE THESE APPEALS

01:02 - 56.970 DESIGNED TO PROMOTE

01:02 - 58.899 TRANSPARENCY WHICH DOVETAILS

01:02 - 00.750 WITH THE PUBLIC UTILITY CODES

01:03 - 01.969 HEIGHTENED TRANSPARENCY

01:03 - 03.279 REQUIREMENTS FOR PUBLIC

01:03 - 04.280 UTILITIES.

01:03 - 07.699 IT'S NOT UNLIMITED POWER THAT

01:03 - 08.680 I'M SEEING THE OFFICE OF OPEN

01:03 - 09.680 RECORDS SHOULD HAVE

01:03 - 11.019 BUT THEY DO HAVE THE POWER TO

01:03 - 12.269 HOLD AGENCIES LIKE THE PUBLIC

01:03 - 14.099 UTILITY COMMISSION ACCOUNTABLE

01:03 - 15.459 TO FOLLOW THESE REGULATIONS

01:03 - 16.659 ENFORCE THESE REGULATIONS,

01:03 - 18.199 INCLUDING SENDING RECORDS TO

01:03 - 20.259 THE COMMISSION. RECORDS THAT

01:03 - 21.389 THEY'RE RELYING ON IN THEIR

01:03 - 22.639 OFFICIAL INVESTIGATIONS AND

01:03 - 24.540 WHETHER THEY CHARGE UTILITIES.

01:03 - 27.390 IN A CASE

01:03 - 28.599 WHERE UTILITY PROVIDES THE

01:03 - 29.540 TRANSMITTAL LETTER THAT

01:03 - 31.119 EXPLAINS HERE'S WHAT CSI HERE'S

01:03 - 32.270 WHAT'S NOT CSI

01:03 - 34.189 YOU KNOW MY COLLEAGUES WOULD

01:03 - 36.589 ARGUE CSI CALLS FOR THAT

01:03 - 37.729 CHALLENGE TO BE MADE BEFORE THE

01:03 - 39.259 PUBLIC UTILITY COMMISSION OR

01:03 - 40.829 THAT'S JUST SIMPLY NOT THE CASE

01:03 - 41.150 BEFORE THE

01:03 - 43.579 COURT TODAY. WE'RE ASKING THE

01:03 - 45.630 COURT TO DECIDE WHETHER THE O R

01:03 - 47.379 WE CAN REVIEW THE CONTENT OF

01:03 - 49.249 WHAT A UTILITY DESIGNATED

01:03 - 51.339 THE CSI WE'RE ASKING YOU WE'RE

01:03 - 52.579 NOT ASKING YOU TO MAKE ANY

01:03 - 54.629 DETERMINATION REGARDING THAT

01:03 - 57.039 PROCEDURE WHEN THE UTILITY

01:03 - 58.730 CLEARLY MARK SOMETHING AS TSA

01:03 - 00.829 THE ISSUE IS SIMPLY THE OFFICE

01:04 - 01.810 OF OPEN RECORDS SAY THE

01:04 - 03.239 UTILITY, YOU KNOW, YOU CAN'T

01:04 - 04.429 JUST SAY CSI YOU HAVE TO

01:04 - 06.509 PROVIDE IT. SOME EVIDENCE

01:04 - 07.539 SHOWING THAT YOU FOLKS THE

01:04 - 09.280 PROTECTION OF THE CSI ACT

01:04 - 10.799 WEATHER WISE THAT WOULD

01:04 - 12.409 INCENTIVIZE ANY UTILITY TO

01:04 - 12.660 AFTER

01:04 - 14.159 THE FACT IF THEY DON'T WANT TO

01:04 - 15.759 RECORD DISCLOSED REST GET AWAY

01:04 - 16.949 FROM THE OFFICE OPEN RECORDS

01:04 - 17.140 JUST

01:04 - 19.399 BY SAYING IT'S CSI WE FORGOT TO

01:04 - 21.749 MARKET WAY THAT IT'S CSI YOU

01:04 - 23.209 DON'T HAVE AUTHORITY BUT IF IT

01:04 - 25.109 WRESTED FROM THE OFFICE OF OPEN

01:04 - 26.549 RECORDS IS GOING TO GO TO THE

01:04 - 27.790 PUBLIC UTILITY COMMISSION.

01:04 - 30.139 IT'S NOT AS THOUGH THIS ISSUE

01:04 - 32.489 THAT I YOU'RE DEALING WITH HERE

01:04 - 34.549 WOULDN'T BE CONSIDERED BY AN

01:04 - 35.660 ADMINISTRATIVE ID.

01:04 - 37.509 I MEAN I THINK THAT'S WHAT

01:04 - 38.759 THE QUESTION IS WITH THE

01:04 - 40.149 ADMINISTRATIVE BY THE TO

01:04 - 41.150 WRESTLE WITH THE ISSUE.

01:04 - 44.199 WELL, I'M NOT SURE WE WOULD

01:04 - 45.869 WANT THE OFFICE OF OPEN RECORDS

01:04 - 46.870 TO SAY.

01:04 - 49.290 YOU DIDN'T

01:04 - 51.419 TECHNICALLY FOLLOW EVERY STEP

01:04 - 53.139 OF I TRANSMISSION OF THE

01:04 - 54.199 TRANSMITTAL LETTER TO THE

01:04 - 55.710 REQUESTOR ETCETERA ETCETERA

01:04 - 58.009 THEREFORE WE'RE GOING MAKE ALL

01:04 - 59.860 THESE RECORDS PUBLIC AND.

01:05 - 01.410 WHAT IF

01:05 - 03.579 THEY ARE. INVOLVING

01:05 - 05.129 I'D BEEN GERSON VOLATILE

01:05 - 06.719 MATERIALS THAT CAN RESULT IN

01:05 - 08.339 FACT SAID THE COLLEGE OF THE

01:05 - 10.319 EYE, YOU KNOW PUBLIC UTILITY

01:05 - 12.159 SYSTEM. I MEAN DON'T WE WANT

01:05 - 13.659 THE PUBLIC UTILITY COMMISSION

01:05 - 15.840 TO BE THAT WITH THE ONE TO SAY

01:05 - 17.909 OH YOU DIDN'T FOLLOW THE

01:05 - 19.399 TECHNICAL PROCEDURE AHEAD

01:05 - 21.170 REALLY FUN. I MEAN AT THAT

01:05 - 22.749 WHY WOULD THE OFFICE OF OPEN

01:05 - 24.979 RECORDS DABBLE IN THAT AREA AT

01:05 - 25.400 ALL.

01:05 - 26.819 THE SECURITY RISKS ARE NOT

01:05 - 28.329 LOST ON MY CLIENT WHO ACTUALLY

01:05 - 30.300 LIVES IN THE SIDELINE OF THIS

01:05 - 31.759 WE HAVE BUILT OUTLOOK WITH

01:05 - 34.649 PIPELINE. IT'S NOT AS IF THIS

01:05 - 36.929 IS SOMEONE SAYING FROM AFAR

01:05 - 38.539 LIKE WITH THESE REGULATIONS ALL

01:05 - 40.049 TECHNICAL MATTER. THIS IS A

01:05 - 41.389 PERSON AND WE LIVE IN A

01:05 - 42.649 COMMUNITY THAT LIVES WITH THESE

01:05 - 43.650 RISKS DAILY

01:05 - 46.369 AND FROM SOMEONE IN THAT

01:05 - 47.929 PERSPECTIVE, THE SECURITY RISK

01:05 - 49.299 DOESN'T COME FROM RECORDS BEING

01:05 - 50.529 RELEASED IT COMES FROM THE FACT

01:05 - 51.809 THAT YOU KNOW THERE'S A HIGHLY

01:05 - 52.929 VOLATILE LIQUID PIPELINE

01:05 - 54.130 RUNNING THROUGH YOUR BACKYARD.

01:05 - 55.740 NEXT YOUR CHILD'S SCHOOL.

01:05 - 58.659 AND YOU'VE ALSO POINTED OUT

01:05 - 59.769 HAVE A NEW THAT MUCH OF THE

01:05 - 01.129 INFORMATION IS IN THE PUBLIC

01:06 - 02.300 DOMAIN ANYWAY.

01:06 - 05.509 YES, THE SPECIFIC INFORMATION

01:06 - 07.409 IS BEING ASKED FOR IS THE

01:06 - 08.639 PUBLIC UTILITY COMMISSIONS

01:06 - 10.159 CALCULATION OF THIS THE BLAST

01:06 - 11.539 RADIUS AND THE ATTENDANT RISKS,

01:06 - 12.849 HOWEVER, YOU KNOW OTHER

01:06 - 14.159 ESTIMATES OF THAT RISK ARE IN

01:06 - 16.019 THE PUBLIC DOMAIN. IT'S NOT AS

01:06 - 17.299 IF THE PUBLIC UTILITY

01:06 - 20.019 COMMISSION HAS THE SOUL ABILITY

01:06 - 21.359 TO CALCULATE THAT KIND OF RISK

01:06 - 22.360 ANYBODY.

01:06 - 24.989 ANY ENGINEER ANYONE WHO CAN USE

01:06 - 26.269 THE INTERNET CAN FIND SIMILAR

01:06 - 27.859 INFORMATION AND MAYBE BE OFF BY

01:06 - 28.860 YOU KNOW

01:06 - 30.999 0.5 BUT GET SIMILAR INFORMATION

01:06 - 32.109 SOME MY CLIENT'S INTEREST IN

01:06 - 33.100 KNOWING WHAT DOES THE PUBLIC

01:06 - 34.299 UTILITY COMMISSION UNDERSTAND

01:06 - 35.300 THE RESCUE ME.

01:06 - 36.909 THE RISK TO HIM AS A PERSON WHO

01:06 - 38.250 LIVES NEXT TO THE PIPELINE.

01:06 - 41.399 THE ORIGINAL EYE ITSELF HAS

01:06 - 42.919 EXEMPTIONS FOR IMPLICATING

01:06 - 43.990 SECURITY ISSUES.

01:06 - 45.949 THERE WILL BE A REALLY IF YOU

01:06 - 47.449 PREVAIL BEFORE US THERE WOULD

01:06 - 49.229 BE REMAIN UNLIKELY MANY OF THEM

01:06 - 50.760 WOULDN'T THERE TO ADDRESS THOSE

01:06 - 52.830 OTHER ISSUES IS NOT CORRECT.

01:06 - 54.300 THAT IS NOT CORRECT IN THIS

01:06 - 56.919 THE PUBLIC UTILITY CODE CREATES

01:06 - 58.329 A HIGHER TRANSPARENCY

01:06 - 00.829 REQUIREMENT. 4. THE PUBLIC

01:07 - 02.340 UTILITY COMMISSION SO

01:07 - 03.979 EVEN THOUGH RECORD MAY BE

01:07 - 05.419 EXEMPT UNDER ONE OF THE 28

01:07 - 07.539 EXEMPTIONS AND 7 '08 OF THE

01:07 - 07.820 RIGHT TO

01:07 - 09.399 KNOW LAW. THE PUBLIC UTILITY

01:07 - 10.799 COULD MAKE CERTAIN RECORDS

01:07 - 11.859 PUBLIC EVEN IF THEY WOULD

01:07 - 12.920 OTHERWISE BE EXEMPT

01:07 - 14.680 SPECIFICALLY IF

01:07 - 16.989 THAT UTILITY IF THE PUBLIC

01:07 - 18.239 UTILITY COMMISSION RELIES ON

01:07 - 19.419 CERTAIN RECORDS IN

01:07 - 21.519 AN INVESTIGATION. THEN MAKES A

01:07 - 23.209 DECISION BASED ON THOSE

01:07 - 24.839 UNDERLYING RECORDS WHEN THEY

01:07 - 26.120 COME TO A FORMAL DECISION.

01:07 - 28.429 THOSE RECORDS WILL BE MADE PART

01:07 - 29.939 OF THE PUBLIC RECORD IN

01:07 - 31.599 THIS CASE. THE REQUESTED

01:07 - 32.869 RECORDS WERE PART OF THE

01:07 - 34.339 MARINER EAST ONE INVESTIGATION

01:07 - 36.890 THAT RESULTED IN DECEMBER 2018.

01:07 - 39.479 A FORMAL CHARGE PROF BY THE

01:07 - 41.649 PEW C AGAINST ENERGY TRANSFER

01:07 - 43.030 THAT FORMAL DECISION WAS MADE.

01:07 - 44.749 THE UNDERLYING RECORDS TO THOSE

01:07 - 46.349 INVESTIGATION ARE

01:07 - 48.079 PUBLIC RECORDS UNDER THE PUBLIC

01:07 - 49.309 UTILITY CODE EVEN THOUGH THE

01:07 - 50.859 RIGHT TO KNOW LAW MIGHT

01:07 - 51.960 OTHERWISE EXEMPT THEM.

01:07 - 53.479 AND THAT HEIGHTENED

01:07 - 54.939 TRANSPARENCY REQUIREMENT WAS

01:07 - 56.129 AFFIRMED BY THIS COURT AND THE

01:07 - 59.090 SEDER CASE. RECENTLY WHERE.

01:08 - 02.059 THE PUBLIC UTILITY COMMISSION

01:08 - 04.179 RELIED ON A TIP LETTER BEFORE

01:08 - 05.609 REACHING A SETTLEMENT WITH A

01:08 - 08.179 PUBLIC UTILITY. IT CAME TO A

01:08 - 10.159 FORMAL DECISION AND THEN THE

01:08 - 11.399 OFFICE OF OPEN RECORDS SAID YOU

01:08 - 12.650 KNOW, EVEN KNOW

01:08 - 14.759 PARTS OF THE MAKE SOME OF THIS

01:08 - 15.819 THE PUBLIC UTILITY CODE

01:08 - 17.269 REQUIRES THAT THIS BE DISCLOSED

01:08 - 18.319 TO THE OFFICE OF OPEN

01:08 - 20.739 RECORDS AUTHORITY TO ORDER THE

01:08 - 21.839 RELEASE OF RECORDS UNDER THE

01:08 - 23.289 PUBLIC UTILITY CODE IS ALREADY

01:08 - 25.139 CLEAR AND WELL ESTABLISHED SO

01:08 - 27.159 IN THIS CASE UNDER CEDAR AND

01:08 - 28.370 THE PUBLIC UTILITY CODE.

01:08 - 30.259 THOSE RECORDS THAT WERE RELIED

01:08 - 32.669 ON IN REACHING THE DECISION TO

01:08 - 34.299 FORMALLY CHARGE ENERGY TRANSFER

01:08 - 36.909 IN 2018. WOULD BE PUBLIC

01:08 - 37.910 RECORDS.

01:08 - 40.780 I THINK

01:08 - 41.780 WE PROBABLY.

01:08 - 43.359 UNDERSTAND YOUR ARGUMENT AND

01:08 - 44.909 THAT IT'S RELATIVELY SIMPLE

01:08 - 46.390 WHEN WHEN 1000 AND DONE.

01:08 - 48.619 WHEN YOU SEE DID NOT

01:08 - 50.299 DESIGNATE THIS CONFIDENCE WAS

01:08 - 51.610 PRETTY INFORMATION THAT GAVE

01:08 - 54.810 ARE THE RIGHT TO RELEASE IT.

01:08 - 56.219 AND THE COMMONWEALTH COURT

01:08 - 57.710 HEARD THE FIGHT.

01:08 - 00.659 VACATING THAT TERMINATION

01:09 - 02.200 SENDING IT BACK TO USE IT.

01:09 - 03.570 YES, THANK YOU. MY.

01:09 - 04.200 IT'S A

01:09 - 05.729 CONCLUSION JUST WE'RE IN STATE

01:09 - 06.779 IN THE OFFICE OPEN RECORDS

01:09 - 07.989 FINAL DETERMINATION, YOU KNOW

01:09 - 09.189 IT DOESN'T ELIMINATE CSI

01:09 - 10.809 PROTECTION. HOLDS THESE

01:09 - 12.039 UTILITIES AND THE PUBLIC

01:09 - 13.940 UTILITY COMMISSION ACCOUNTABLE.

01:09 - 17.299 FOLLOW THOSE PROCEDURES AND

01:09 - 18.709 WHEN THERE IS CSI INFORMATION

01:09 - 20.139 BEING DEALT WITH PROPERLY

01:09 - 21.719 MARKED AS SUCH. THANK YOU,

01:09 - 22.720 THANK YOU.

01:09 - 33.499 MORNING I'M JOHN HERZOG I

01:09 - 35.149 REPRESENT THE PUBLIC UTILITY

01:09 - 38.179 COMMISSION. MAY IT PLEASE THE

01:09 - 40.739 COURT. YES, THIS IS A RIGHT TO

01:09 - 42.569 KNOW REQUEST AND WITH THE

01:09 - 44.389 SEARCH FOR RECORDS RELATED TO

01:09 - 46.319 BLAST RADIUS CALCULATIONS FOR

01:09 - 47.480 HBO PIPELINES.

01:09 - 50.269 SENSITIVE AS WE ARE TO THIS

01:09 - 51.359 TYPE OF INFORMATION THE

01:09 - 53.109 LEGISLATURE SENSITIVE TO THIS

01:09 - 54.589 TYPE OF INFORMATION AND THAT IS

01:09 - 57.289 WHY THE CSI ACT EXCESS THE

01:09 - 59.519 CSI ACT IT'S JUST COMPLETELY

01:09 - 01.639 INDEPENDENTLY OF THE RIGHT TO

01:10 - 02.999 KNOW LAW. IT

01:10 - 06.469 SETS UP NOT ONLY A SEPARATE

01:10 - 08.749 REVIEW PROCESS. BUT A SEPARATE

01:10 - 11.519 APPEAL PROCESS AS WELL ARES

01:10 - 13.430 EXCLUDED FROM THIS PROCESS.

01:10 - 14.900 THE O R

01:10 - 18.309 STATUTE WE RECOGNIZE IS THAT

01:10 - 19.559 WHERE YOU HAVE US WHERE YOU

01:10 - 20.859 HAVE A SITUATION LIKE THIS

01:10 - 22.030 WHERE ANOTHER STATUTE IS

01:10 - 24.079 CONFLICT WITH THE RIGHT TO KNOW

01:10 - 25.799 LAW THAT THE RIGHT TO

01:10 - 27.789 KNOW LAW WILL NOT APPLY BUT

01:10 - 29.179 THAT IS EXACTLY WHAT YOU HAVE

01:10 - 29.430 HERE.

01:10 - 30.820 IN THIS CASE.

01:10 - 33.379 DIDN'T ENTER THE TRANSFER

01:10 - 34.380 BLOW IT.

01:10 - 36.119 HOUCK OF THAT HOUCK IN THE

01:10 - 38.580 DAY OR YOU RETROACTIVELY.

01:10 - 40.619 TRY TO CRAM SOMETHING INTO

01:10 - 43.419 CSI WHEN NONE OF THE STATUTORY

01:10 - 45.569 OR REGULATORY REQUIREMENTS WERE

01:10 - 47.550 FOLLOWED WHY ISN'T

01:10 - 51.699 HOW ON ENTITLED TO WE HAVE A

01:10 - 52.130 SUPPLY

01:10 - 54.909 THE LAW THAT WOULD BIND YOU IN

01:10 - 57.030 AND WOULD ENERGY TRANSFER.

01:10 - 58.499 FIRST I WANT TO CLEAR UP

01:10 - 00.089 SOME MISCONCEPTIONS EVERY

01:11 - 02.539 DOCUMENT YOUR WAS DESIGNATED A

01:11 - 05.210 CSI BOTH THE COVER LETTER

01:11 - 06.390 TRANSMITTAL LETTER.

01:11 - 09.439 THE ACTUAL SUBSTANTIVE

01:11 - 11.929 DOCUMENTS SHOWING ALL

01:11 - 14.259 THE INFORMATION ON THE HBO

01:11 - 15.260 PIPELINE.

01:11 - 18.459 SO EVERYTHING WAS DESIGNATED

01:11 - 21.780 AS CSI AND SECOND 2 IN ADVANCE.

01:11 - 26.219 MAY I ASK THEM JUST TO FOLLOW

01:11 - 28.759 UP ON THAT. WHY DID YOU SEND

01:11 - 30.890 AGO ARE INSTEAD

01:11 - 33.469 DOING IT SPECIFICALLY ON YOUR

01:11 - 34.569 OWN AND HAVING A PURE THE

01:11 - 35.380 COMMONWEALTH COURT IN

01:11 - 36.910 ACCORDANCE WITH THE STATUTORY.

01:11 - 39.509 YEAH APPARATUS

01:11 - 40.510 FOR CSI.

01:11 - 43.019 WE NEVER CAME TO US WITH THAT

01:11 - 44.559 HE CAME TO US WITH THE RIGHT TO

01:11 - 45.759 KNOW THE QUESTION AS YOUR

01:11 - 46.890 HONOR'S INDICATED.

01:11 - 48.919 WE HAVE A STATUTORY

01:11 - 50.589 OBLIGATION TO ADVISE MOTHER'S

01:11 - 52.979 APPEAL RIGHT WE DID WE GAVE

01:11 - 54.289 THEM ALTERNATIVE THEORIES IN

01:11 - 55.479 THE BEGINNING OF THE LETTER

01:11 - 56.480 THAT WE SENT HIM.

01:11 - 59.910 THIS STUFF THE CSI

01:12 - 02.269 AND UNDER THE CSI ACT IT'S NOT

01:12 - 03.929 DISCLOSE THE BALL AND THEN WE

01:12 - 06.020 WENT INTO ALTERNATIVELY FURTHER

01:12 - 07.759 UNDER THE RIGHT TO KNOW LAW IT

01:12 - 08.859 WOULD NOT BE DISCLOSED WILL

01:12 - 10.789 BECAUSE OF THE B 17 CRIMINAL

01:12 - 12.609 INVESTIGATION, AS WELL AS A

01:12 - 14.979 VERY SIMILAR POINT B

01:12 - 17.049 2 B 3 OF THEIR

01:12 - 19.219 EXEMPTIONS WHICH WHICH

01:12 - 21.399 MIRROR SOMEWHAT THE CSI ACT

01:12 - 22.939 TALKS ABOUT DISCLOSING THIS

01:12 - 24.480 TYPE OF INFORMATION

01:12 - 25.740 COUNCIL YEAH.

01:12 - 27.519 CORRECT ME IF I'M WRONG BUT I

01:12 - 27.850 THOUGHT

01:12 - 29.429 THAT RISK THE REQUEST WAS

01:12 - 31.649 SPECIFICALLY WITH REGARD TO THE

01:12 - 34.679 BLAST RADIUS NOTHING OTHER

01:12 - 36.229 THAN THAT BECAUSE OF THE

01:12 - 37.370 CONCERN THAT.

01:12 - 40.400 REQUESTORS HAVE FAMILY LIVING

01:12 - 43.039 POTENTIALLY ALONG. THE BORDER

01:12 - 44.059 AND THEY'RE CONCERNED FOR THEIR

01:12 - 45.060 SAFETY.

01:12 - 47.199 WHY WOULD YOU NOT JUST REDACT

01:12 - 48.609 WILL THE INFORMATION IN

01:12 - 50.809 JUST PROVIDE THE 30 MILE THE 10

01:12 - 51.859 MILE TO FIVE-MILE

01:12 - 52.860 BLAST RADIUS.

01:12 - 54.599 WELL, THE FIRST THING IS HE'S

01:12 - 57.359 OR CSI DOCUMENTS AND CSI ACT IS

01:12 - 58.939 CLEAR THAT YOU HAVE TO COME TO

01:12 - 00.389 US NOT THE OFFICE OF OPEN

01:13 - 02.300 RECORDS CENTER RIGHT AND WELL

01:13 - 03.650 THROUGH RIGHT TO KNOW REQUEST

01:13 - 05.459 WHICH JUST REQUEST OR NEVER DID

01:13 - 07.129 IT. AND REQUESTS HAS BEEN AWARE

01:13 - 09.330 OF IT FOR 2 YEARS COME TO US.

01:13 - 12.369 BUT WHY WE DON'T IS BECAUSE THE

01:13 - 13.420 SHIA SIAC

01:13 - 14.859 PROHIBITS US FROM DOING THAT

01:13 - 16.540 UNTIL ONE WE GOT A REQUEST

01:13 - 19.159 AND 2. IF WE

01:13 - 21.369 DO IMPROPERLY DISCLOSED THEIR

01:13 - 23.020 SEVERE CRIMINAL SANCTIONS

01:13 - 24.709 ASSOCIATED WITH IMPROPER

01:13 - 26.370 DISCLOSURE OF THESE DOCUMENTS.

01:13 - 28.410 YES, THE RIGHT. THE THE RIGHT.

01:13 - 29.460 CHART THE

01:13 - 31.409 CSI ACT DOES ALSO CONTAIN A

01:13 - 33.110 SPECIFIC TO REDACTION

01:13 - 35.819 PROVISION SIMILAR TO THE

01:13 - 36.919 REDACTION PROVISION WANT TO

01:13 - 38.569 TOUCH ON DISPUTES TRAPPED IN A

01:13 - 40.169 LITTLE BIT WHERE WE TALK

01:13 - 42.070 ABOUT THIS SHOOTER CASE IN THE

01:13 - 44.479 3.35 THE WHICH IS

01:13 - 46.309 A LIKE RIGHT TO KNOW IT ALL ON

01:13 - 47.590 STEROIDS PROVISION.

01:13 - 50.409 THAT'S BEEN VETTED IN THE

01:13 - 51.730 PUBLIC UTILITY CODE.

01:13 - 54.889 BOTHA THOSE CONTAIN REDACTION

01:13 - 56.999 PROVISIONS WILL FORTE AT THIS

01:13 - 58.980 EXACT TYPE OF INFORMATION.

01:13 - 02.529 THE QUESTION IS CAN OR

01:14 - 04.859 ORDER US TO DO THAT UNDER ONE

01:14 - 06.539 SAYS DOCUMENTS HAVE BEEN MARK

01:14 - 08.749 SHIA SIDE AND THEY WERE MARK

01:14 - 11.079 CSI BY THE TEA AT THE

01:14 - 12.869 INCEPTION, THEY NEVER THAT'S

01:14 - 13.870 NEVER BEEN AN ISSUE

01:14 - 17.079 MARKHAM CSI THE UTILITY AND THE

01:14 - 18.629 STATUTE NIGHT YOU'RE ABOUT TO

01:14 - 20.269 CHANGE YOUR RESPONSIBILITY TO

01:14 - 22.799 MARKHAM SHIFTED DID I MEAN I'M

01:14 - 23.859 NOT SURE WE'RE LISTENING TO THE

01:14 - 25.589 SAME CASE LISTENING TO YOU

01:14 - 26.640 SPEAK IN.

01:14 - 27.970 YOU KNOW, WE DON'T HAVE THE

01:14 - 29.239 CHANCE TO READ THE RECORDS

01:14 - 30.799 BEFORE WE GET READY TO GO GET

01:14 - 32.439 READY FOR ARGUMENT EVERYTHING'S

01:14 - 34.549 IN THE RECORD. ALL RIGHT SO DID

01:14 - 36.079 THAT. PRANK TO

01:14 - 38.339 THE REQUESTOR MAKE A REQUEST TO

01:14 - 40.450 THE PEW SEE ORGANICS TRANSFER.

01:14 - 43.289 HE MADE A REQUEST TO THE PC

01:14 - 44.849 AS A GOVERNMENTAL ENTITY FOR

01:14 - 46.069 THESE RECORDS UNDER THE RIGHT

01:14 - 47.789 TO KNOW WHEN YOU'RE SAYING THAT

01:14 - 48.510 YOU.

01:14 - 50.510 MARK THEM ALL CSI

01:14 - 52.189 THEY WERE ALREADY MARK WE HAD 2

01:14 - 53.799 RECORDS OK THEY WERE MARKED TO

01:14 - 55.279 FILE THEM WITH US. YOU

01:14 - 56.549 KNOW MONTHS YEARS

01:14 - 58.779 AGO, WHATEVER AND HE ADDED YOU

01:14 - 00.609 DECLINE TO GIVE IT TO HIM ON

01:15 - 03.070 THE BASIS THAT WITH CSI YES.

01:15 - 06.309 AND THEN AND THEN DID YOU

01:15 - 08.609 DIRECT THEM TO APPEAL TO THE O

01:15 - 11.009 R BECAUSE HE WAS PURSUING A

01:15 - 12.449 RIGHT TO KNOW TO ALL REQUESTS

01:15 - 13.969 BUT NOT WITHSTANDING THAT

01:15 - 15.720 THERE'S THIS STATUTORY

01:15 - 17.929 RECKON IS MECHANISM. THIS IS

01:15 - 19.590 YOU YOU MAKE THE DECISION.

01:15 - 21.279 I MEAN YOU KNOW THIS I CAN PUT

01:15 - 23.219 OUT TO BE THE SITE AND THE

01:15 - 24.170 PILL, THOSE THE COMMONWEALTH

01:15 - 25.170 COURT.

01:15 - 28.719 HOW IS

01:15 - 30.819 THAT CONSISTENT. WE HAVE

01:15 - 32.429 CONTRADICTORY STATUTES WE HAVE

01:15 - 33.499 SORT OF A GENERAL

01:15 - 35.729 STATUTE SAYS ALL RIGHT GOOD GO

01:15 - 37.319 AT ARE BUT THEN WE HAVE A

01:15 - 39.729 SPECIFIC STATUTE. IT SAYS WHEN

01:15 - 41.549 IT'S CSI THE AGENCY THAT

01:15 - 43.319 PERMITS IT HERE P YOU SEE WITH

01:15 - 44.620 THE PEEL THE COMMONWEALTH COURT

01:15 - 45.470 AND IF YOU KNOW ONE

01:15 - 47.649 OF THE AND IT'S A STATUTORY

01:15 - 48.989 CONSTRUCTION THE SPECIFIC

01:15 - 50.100 CONTROLS EVERY GENERAL.

01:15 - 52.519 CORRECT AND AND HERE TOO

01:15 - 54.690 IT'S NICE BECAUSE SECTION 31 OH

01:15 - 56.800 1.1 OF THE RIGHT TO KNOW LAW

01:15 - 57.930 ACTUALLY DIFFER.

01:15 - 01.799 TO THE CSI STATUE RIGHT SO THE

01:16 - 02.800 CSI ACT.

01:16 - 06.609 ROLLS IT AND WE PUT IT IN IN

01:16 - 08.589 THE LETTER THINKING HERE WILL

01:16 - 10.379 WORK WILL PUT DESCENT WITHIN

01:16 - 11.779 THE 4 CORNERS OF A RIGHT TO

01:16 - 13.759 KNOW RECORD WEST. WE REALLY

01:16 - 13.910 ARE.

01:16 - 15.879 TECHNICALLY DIDN'T EVEN HAVE TO

01:16 - 18.209 MENTION THE CSI WE COULD HAVE

01:16 - 18.990 SIMPLY SAID

01:16 - 21.289 WE KNOW YOU'RE THESE ARE

01:16 - 22.869 PROTECTED AND UNDER HERE, BUT

01:16 - 24.639 WE ALSO WE ALSO MENTIONED THE

01:16 - 26.389 CSI ACT BECAUSE WE WANTED THEM

01:16 - 28.479 TO KNOW. HERE'S ANOTHER HERE'S

01:16 - 29.570 ANOTHER PROVISION, BUT

01:16 - 32.079 AGAIN YOU KNOW THE VEHICLE WAS

01:16 - 33.249 THE RIGHT TO KNOW REQUEST

01:16 - 36.449 YEAR HERE ARGUING ARE SHOULD

01:16 - 37.709 EVER TOUCHED THIS CASE IS THAT

01:16 - 39.359 CORRECT THAT'S CORRECT YOU SAID

01:16 - 41.819 YOU KNOW CENT AND THAT'S WHAT I

01:16 - 42.810 WANT TO FOLLOW UP ON THAT YOU

01:16 - 43.810 JUST YEAH WASHING.

01:16 - 46.939 YOU YOU SPECIFICALLY, BUT YOU

01:16 - 48.499 PERSONALLY YOUR AGENCY OR

01:16 - 51.530 COMMISSION SENT THEM ARE.

01:16 - 54.219 AND NOW YOU'RE COMPLAINING ARE

01:16 - 55.329 DID WHAT IT'S SUPPOSED TO DO

01:16 - 56.920 WHICH IS MAKING A JUDY CATION.

01:16 - 59.120 AS TO WHETHER THESE

01:16 - 00.120 WERE PUBLIC.

01:17 - 01.610 OR OR NOT.

01:17 - 03.759 NOW IT SEEMS TO US TO BE THAT

01:17 - 05.469 YOU'RE SAYING THE COMMISSION

01:17 - 06.860 REGRETS THAT IT SENT.

01:17 - 10.109 THEM ARE AND REALLY WHAT

01:17 - 12.159 SHOULD HAPPEN IS THAT THE THE

01:17 - 13.890 RECITATION OF THEM ENTRE

01:17 - 16.119 CSI WELL AS IT TOOK 10 MAKE

01:17 - 18.749 SIGNIFICANCE AND IT JUST STOPS

01:17 - 20.200 THE CONVERSATION OR STOPS THE.

01:17 - 22.449 THE REVIEW. AND MY QUESTION

01:17 - 24.589 TO YOU IS HOW CAN YOU WAVE YOUR

01:17 - 26.799 REGULATIONS. THE

01:17 - 28.579 FIND YOU OR YOUR COURSE OF

01:17 - 30.960 ACTION REGULATORY. ACTION.

01:17 - 33.760 AND AND AND.

01:17 - 36.629 ARE OF THE JURISDICTION, THE

01:17 - 38.079 RIGHT TO KNOW LAW ACT GIVES

01:17 - 39.080 THEM.

01:17 - 42.029 THE WE ARE DIVESTING THE CS I

01:17 - 42.500 ACT IS

01:17 - 45.390 DIVESTING ON AND AS FOR WHY WE

01:17 - 47.679 ARE IT WAS A RIGHT TO KNOW

01:17 - 49.879 REQUEST. THE STATUTE A RIGHT TO

01:17 - 51.889 KNOW LAW REQUIRES US TO SEND

01:17 - 53.920 THEM ARE WE HAD SIMPLY SAID

01:17 - 55.380 THIS IS CSI

01:17 - 57.269 AND COME TO US UNDER THE CSI

01:17 - 58.689 ACT WE WOULD BE IN VIOLATION OF

01:17 - 59.050 THE RIGHT TO

01:17 - 00.799 KNOW LAW AND WE WOULD HAVE NOT

01:18 - 02.290 BEEN RESPONSIVE TO THE REQUEST

01:18 - 04.309 AND I SAID THIS YEAR EARLIER

01:18 - 06.619 AND AGAIN, MAYBE WE NEED TO

01:18 - 07.889 WRITE THIS SO THAT YOU KNOW HOW

01:18 - 08.360 TO FOLLOW

01:18 - 09.050 IT BUT.

01:18 - 10.989 BUT YOU HAVE TO STATUTORY

01:18 - 13.169 DIRECTIVES ONCE THE GENERAL ONE

01:18 - 15.149 IS IF IT'S A RIGHT TO KNOW LIKE

01:18 - 15.360 THOSE

01:18 - 16.719 THOUGH ARE, BUT THE VERY

01:18 - 18.829 SPECIFIC ONE THAT DEALS WITH

01:18 - 20.050 ONLY CSI.

01:18 - 21.969 SAYS THAT THE

01:18 - 23.459 AGENCY MAKES A DETERMINATION

01:18 - 24.619 BECAUSE THOSE THE COMMON CORE

01:18 - 25.929 ALL ROADS LEAD TO COMMONWEALTH

01:18 - 26.620 COURT ANYWAY.

01:18 - 27.840 IN OTHER WORDS WHEN WE'RE ALL

01:18 - 28.840 SAID AND DONE.

01:18 - 31.339 THE THE REQUESTER HERE WILL

01:18 - 32.979 MAKE A REQUEST TO USE YOUR

01:18 - 33.880 CURRENT DOWN IN THE

01:18 - 34.919 COMMONWEALTH COURT WILL DECIDE

01:18 - 36.049 THE MERITS OF THIS AND THEN YOU

01:18 - 37.070 ASK US TO HEAR IT AGAIN

01:18 - 38.030 THAT'S CORRECT.

01:18 - 39.419 ALL ROADS LEAD TO THE

01:18 - 41.249 COMMONWEALTH COURT AND INSTEAD

01:18 - 43.389 OF OURS AND INTERMEDIATE YOU'RE

01:18 - 44.650 USING THE PUBLIC UTILITY

01:18 - 46.859 LEGISLATURE MADE HER WISH AND

01:18 - 48.790 THEY ONE OF THE USE THE P C

01:18 - 51.700 BECAUSE OF THAT EXPERTISE C O R

01:18 - 53.199 I DON'T THINK HAS THE SAME

01:18 - 54.379 EXPERTISE IN LOOKING AT

01:18 - 56.560 PIPELINES AS HE SHE DOES.

01:18 - 58.159 BUT I'M CONFUSED SO IS IT

01:18 - 59.160 THAT PEE YOU SEE.

01:18 - 00.600 MARK BOAL.

01:19 - 06.469 AND IT WAS ENERGY TRANSFER

01:19 - 08.119 THEY WERE WHEN THEY FILED THIS

01:19 - 10.099 THESE DOCUMENTS WITH US AS PART

01:19 - 11.579 OF AN INVESTIGATION THAT WE'RE

01:19 - 13.569 DOING. THERE WERE 3 PIPELINES

01:19 - 15.179 FROM BALL MARINER EAST ONE

01:19 - 17.289 MARINERS TO A MARINER EAST 2 BY

01:19 - 19.749 PASH AND THEY FILED

01:19 - 21.209 3 DIFFERENT REPORTS WITH THE

01:19 - 23.099 COMMISSION AND ALL THOSE FREE

01:19 - 24.859 REPORTS FROM MARK CONFIDENTIAL

01:19 - 26.849 SECURITY INFORMATION. NOW WHAT

01:19 - 27.869 THEY DID WHEN THEY SENT THE

01:19 - 30.180 REPORTS IN THE HERE'S A REPORT.

01:19 - 32.099 WHAT THEY DID WHEN THEY SENT

01:19 - 33.259 THE REPORTS AND THEY USED TO

01:19 - 34.849 COVER LETTER THEY SAY THIS

01:19 - 36.439 STATUE CAUSING THE TRANSMITTAL

01:19 - 38.819 LETTER. THE TRANSMITTAL LETTER

01:19 - 41.160 WHICH ALSO MARK CSR.

01:19 - 42.950 WE AT THE

01:19 - 44.689 COMMISSION LOOKED AT THAT AND

01:19 - 46.519 MADE A DETERMINATION WE DID NOT

01:19 - 49.119 WANT TO GET THAT LETTER TO THE

01:19 - 50.909 OPEN OFFICE OF OPEN RECORDS AND

01:19 - 51.110 MAKE

01:19 - 53.189 IT PUBLIC. GIVEN THE CRIMINAL

01:19 - 55.219 SANCTIONS FOR PROPER DISCLOSURE

01:19 - 56.500 OF ANYTHING MARK

01:19 - 01.430 HERE THEY ARE. OR

01:20 - 06.900 VERY REAL.

01:20 - 09.459 NO WE'RE NOT GOING TO

01:20 - 11.199 BACK DOWN WHAT WE'RE GOING TO

01:20 - 13.289 KNOW WHAT WE'RE GOING TO DO IS

01:20 - 14.799 WAIT UNTIL IT'S PROPERLY

01:20 - 16.660 CHALLENGE BEFORE US.

01:20 - 21.559 BECAUSE THE LETTER ALSO

01:20 - 22.650 CONTAINED GRANULAR

01:20 - 23.250 INFORMATION.

01:20 - 24.989 THAT SHOULDN'T HAVE BEEN

01:20 - 26.479 COUNTED AND SHOULDN'T HAVE BUT

01:20 - 27.929 THE THING IS TO THROW THE BABY

01:20 - 29.250 OUT WITH THE BATH WATER.

01:20 - 30.590 AND NOW BECAUSE THE CAR.

01:20 - 32.539 LETTER CONTAINED WAS

01:20 - 35.099 MARKED IMPROPERLY. YOU SAY NOW

01:20 - 37.049 ARE OUT OF THE CSI ACT AND ALL

01:20 - 38.349 THIS ALL THIS INFORMATION

01:20 - 39.529 BECOMES PART OF THE PUBLIC

01:20 - 39.890 DOMAIN.

01:20 - 42.329 THAT'S NOT THAT IT'S NOT A

01:20 - 44.969 LOGICAL RESULT OF THE COUNCIL

01:20 - 47.109 THIS GETS BACK TO THE POINT

01:20 - 49.179 THAT PUT POSING COUNT TO MAKE A

01:20 - 49.410 KING.

01:20 - 51.239 THE PROCEDURE WAS NOT

01:20 - 52.989 FOLLOWED THE ESSENCE OF THE

01:20 - 54.439 PROCEDURE THAT SUPPOSED TO BE

01:20 - 55.330 FOLLOWED IS THAT THE

01:20 - 57.410 TRANSMITTAL LETTER IS PUBLIC.

01:20 - 00.559 THAT'S IN OUR REGULATIONS

01:21 - 02.559 WILL BUT BUT BUT IT WASN'T SO I

01:21 - 03.740 MEAN YOUR STATEMENT

01:21 - 05.599 WAS THAT ALL THE PROCEDURES

01:21 - 07.219 WERE FOLLOWED IS JUST NOT

01:21 - 08.220 CORRECT.

01:21 - 12.139 I DIDN'T SAY THAT THEY WERE I

01:21 - 14.299 IN FACT MY BRIEF I WAS WE WANT

01:21 - 14.600 THAT THEY

01:21 - 18.069 DID NOT A CALL THAT SO NOW I I

01:21 - 19.749 I I ADDRESSED THIS POINT IN MY

01:21 - 21.489 BREAK, OKAY, YEAH I

01:21 - 22.490 UNDERSTAND IT.

01:21 - 23.669 YOU'RE SAYING EVERYTHING

01:21 - 25.489 WE'VE MARKED THIS CSI AND SO

01:21 - 26.629 THEREFORE THAT'S THE END OF THE

01:21 - 27.979 DISCUSSION BUT THAT'S REALLY

01:21 - 29.739 NOT THE END OF THE DISCUSSION

01:21 - 31.349 PURSUING TO THE REGULATIONS

01:21 - 33.529 BECAUSE IF THERE'S A REQUEST

01:21 - 33.670 FOR

01:21 - 35.919 THAT INFORMATION THEY'RE THE

01:21 - 37.849 TRANSMITTAL LETTER WHICH WAS

01:21 - 39.649 INTENDED TO BE PUBLIC IT COULD

01:21 - 41.259 BE SENT TO THE REQUESTOR THAT

01:21 - 42.879 NEVER HAPPENED HERE IT CAN ALSO

01:21 - 45.359 BE TRANSMITTAL LETTER AND EVEN

01:21 - 47.250 ARMY FEED INTO THAT EITHER KNOW

01:21 - 48.660 IT'S NEVER BEEN WE

01:21 - 49.140 HAVE HERE.

01:21 - 50.869 I'M SORRY BUT THERE WAS NEVER

01:21 - 53.699 A REQUEST MADE TO THE PC TO DO

01:21 - 55.639 THIS IT ENDED UP AT THE OFFICE

01:21 - 56.650 OF OPEN RECORDS.

01:21 - 58.779 IF THEY CAME TO US WE CAN

01:21 - 01.019 CRACKED THEY NEVER CAME TO US

01:22 - 02.479 TO CRACK THAT WE DO NOT HAVE A

01:22 - 02.830 CASE

01:22 - 04.779 BEFORE US TO EXERCISE OUR

01:22 - 06.269 JURISDICTION UNDER THIS YEAR

01:22 - 08.500 THAT THE CSI ACT GIVES US NEVER

01:22 - 10.409 MERRIER AND ONE THING I DO WANT

01:22 - 12.569 TO MAKE CLEAR IS THAT OUR

01:22 - 14.479 REGULATIONS DO NOT SAY THAT

01:22 - 16.239 IF YOU WHY WOULD THE EFFECT OF

01:22 - 17.339 TRANSMITTAL LETTER

01:22 - 20.369 YOU LOSE CSI PROTECTION THAT WE

01:22 - 21.839 SIMPLY SAY IF YOU FAIL TO

01:22 - 22.630 PROPERLY

01:22 - 25.439 DESIGNATE SOMETHING IF YOU MAY

01:22 - 27.289 LOSE CSI PROTECTIONS AND THAT

01:22 - 28.679 MAKES A LOT OF SENSE BECAUSE

01:22 - 29.680 THEN THE COMMISSION.

01:22 - 32.589 IT'S IT'S THE UTILITIES

01:22 - 34.059 RESPONSIBILITY TO KNOW WHAT ITS

01:22 - 35.290 FILING WITH THE COMMISSION.

01:22 - 37.379 THAT'S THAT THAT'S THE LAST ONE

01:22 - 38.579 OF THEM PRONGS OF

01:22 - 40.970 THE CSI I DID IT IN.

01:22 - 42.529 FORGIVE ME IF I MAY TELL ME

01:22 - 45.119 FROM HIS THINGS YOU'RE STANDING

01:22 - 48.029 BEFORE US ASKING US TO

01:22 - 49.030 VALIDATE.

01:22 - 53.600 REQUEST.

01:22 - 55.510 THAT THAT.

01:22 - 58.960 THE UTILITY

01:22 - 01.839 ENERGY TRANSFER BE EXCUSED FROM

01:23 - 03.909 FOLLOWING YOUR REGULATIONS THAN

01:23 - 05.899 OTHERS, YOUR REGULATIONS WERE

01:23 - 08.079 FOLLOWED AND YOU'RE ASKING US

01:23 - 08.430 TO.

01:23 - 10.839 EXCUSE THEIR FAILURE TO FOLLOW

01:23 - 12.389 HIM ISN'T THAT ODD WHEN YOU

01:23 - 14.109 STAND ON THE RIGHT, HOW CAN YOU

01:23 - 15.770 WAVE YOUR OWN REGULATIONS.

01:23 - 18.140 WHAT WELL WE.

01:23 - 20.299 THE COMMISSION DOES HAVE THE

01:23 - 21.010 AUTHORITY I THINK

01:23 - 22.799 ADMINISTRATIVE WALL SHOWS THAT

01:23 - 24.809 PEOPLE CAN THAT THAT AGENCIES

01:23 - 26.809 CAN WAVE YOUR OWN PROCEDURAL

01:23 - 28.089 TYPE OF REGULATIONS WITH

01:23 - 31.289 ACTIVE COVID. WE DID JUST AKRAM

01:23 - 32.489 WE HAD THE EMERGENCY

01:23 - 33.470 PROCLAMATION FROM THE

01:23 - 34.849 GOVERNOR'S WELL THAT THAT

01:23 - 36.319 AUTHORIZE SOME OF THAT BUT IN

01:23 - 36.550 ORDER

01:23 - 39.369 TO OPERATE. EFFECTIVELY WE HAVE

01:23 - 40.999 TO DO THAT UNDER COVID SO YES

01:23 - 42.500 WE CAN WAIVE REGULATIONS

01:23 - 44.349 BUT HERE WHAT I'M REALLY WANT

01:23 - 46.619 TO GET OUT IS THIS IS A AN

01:23 - 48.909 OVER DESIGNATION EVERYTHING

01:23 - 51.349 WAS DESIGNATED A CSI WHEN IT

01:23 - 52.920 WAS FILED WITH THE COMMISSION

01:23 - 55.269 AND TO THE EXTENT THAT THE

01:23 - 56.989 DESIGNATION WAS IMPROPER THE

01:23 - 58.969 CSI ACT IS CLEAR SECTION 21

01:23 - 01.140 POINT 2141 POINT

01:24 - 02.939 CRATE IT'S CLEAR THAT

01:24 - 05.249 CHALLENGES TO THAT DESIGNATION

01:24 - 07.459 DESIGNATION OR REQUEST TO

01:24 - 09.289 REVIEW DOCUMENTS EVER MARKS YES

01:24 - 10.959 ALRIGHT, COME TO THE

01:24 - 13.159 COMMISSION. THE CSI ACT IS

01:24 - 13.950 CLEAR ON THAT

01:24 - 15.519 IT ISN'T JUST A SUBSTANTIVE

01:24 - 16.529 REVIEW IT'S ALSO

01:24 - 17.590 THAT DESIGNATION.

01:24 - 19.349 SO YOU KNOW YOUR YOUR

01:24 - 21.069 ARGUMENT IS YOU BE MAKING THE

01:24 - 22.689 SAME ARGUMENT THAT IN SOME

01:24 - 24.159 FOREIGN BANK THAT YOUR BASIC

01:24 - 26.489 ARGUMENT IS THE OFFICE OF OPEN

01:24 - 27.889 RECORDS SHOULD NEVER HAVE TO

01:24 - 29.309 TOUCH THIS KROLL OF THE

01:24 - 30.649 ARGUMENTS THAT YOU'RE MAKING

01:24 - 32.149 HERE TODAY WOULD HAVE BEEN MADE

01:24 - 33.459 BEFORE THE PUBLIC UTILITY

01:24 - 34.589 COMMISSION IN THE FIRST

01:24 - 36.449 INSTANCE, AND THEY WOULD HAVE

01:24 - 37.999 MADE THE DECISION AS TO WHAT TO

01:24 - 39.509 DO WITH THE FAILURE TO FOLLOW

01:24 - 40.789 THE PROCEDURES, ETCETERA

01:24 - 44.500 ETCETERA. SO THIS IS FOR HIM

01:24 - 46.170 ISSUE PERIOD

01:24 - 49.959 AND WE BELIEVE THAT UNDER THE

01:24 - 51.679 CSI ACT, IT'S CLEAR. THE

01:24 - 53.359 COMMISSION HAS 6 WHO SHIPPED

01:24 - 55.950 CHURCH FICTION TO HEAR

01:24 - 57.979 CSI ACT CHALLENGE WHETHER

01:24 - 58.950 THEY'RE SUBSTANTIVE OR

01:24 - 00.889 PROCEDURAL CHALLENGE AND THAT'S

01:25 - 02.850 IN THE CSI ACT 21.41

01:25 - 05.119 2141 POINT THREAT. MISTER HURD

01:25 - 07.039 SAW THAT WE DON'T DO REBUTTAL

01:25 - 08.639 IN THIS COURT AND AND WE DON'T

01:25 - 10.199 OFTEN GET IN THE HE SAID SHE

01:25 - 11.269 SAID BECAUSE WE COULD TRY TO

01:25 - 12.899 DECIDE QUESTIONS OF LAW, NOT

01:25 - 13.540 FACT.

01:25 - 15.539 BUT IF I UNDERSTAND THE

01:25 - 18.119 REQUESTORS ARGUMENT. THE WHOLE

01:25 - 20.699 ARGUMENT IS THAT THE REQUEST

01:25 - 23.149 THAT THE REQUEST THAT THAT

01:25 - 25.259 ENERGY TRANSFER OR OR P

01:25 - 27.659 YOU SEE FAILED TO DESIGNATE

01:25 - 30.179 THE CSI DID NOT ARE

01:25 - 33.419 ON ON. NOTICE THAT IT'S CSI AND

01:25 - 34.819 YOU GET UP AND YOU SAY

01:25 - 36.219 EVERYTHING WAS DESIGNATED

01:25 - 38.869 CSI EVERYTHING WAS PERFECT WHEN

01:25 - 40.449 IT WENT UP CAN YOU SHED LIGHT

01:25 - 43.289 ON ON ON THIS FACTUAL. YEAH,

01:25 - 43.820 I CAN.

01:25 - 46.379 IF YOU LOOK AT IT THE CHIEF

01:25 - 47.780 ENGINEER PAUL METRO.

01:25 - 50.169 HE FILED AN AFFIDAVIT IN

01:25 - 52.220 SUPPORT OF OUR APPEAL ARE.

01:25 - 55.510 AND IN THERE

01:25 - 57.189 STATED ALL THESE RECORDS FOR

01:25 - 59.459 DESIGNATED CSA RIGHT. ARE THESE

01:25 - 00.340 RECORDS PART OF OUR

01:26 - 02.649 RECORD YES. THEY'RE PART AND

01:26 - 03.500 ARE YOU REALLY LOOK AT THE

01:26 - 05.179 RECORD RIGHT NOW IS NOT

01:26 - 06.970 SENSIBLE THAT YOU SENT THEM

01:26 - 08.500 OUR GUESTS.

01:26 - 09.939 THE ARE YOU REGRETTING THAT

01:26 - 12.760 IS THAT OR OR WAS

01:26 - 14.599 O R ALLOWED TO LOOK AT

01:26 - 16.339 SOMETHING BUT NOT EVERYTHING I

01:26 - 16.490 JUST

01:26 - 18.579 DON'T UNDERSTAND WHAT IT IS

01:26 - 19.769 WHICH ARGUMENT YOU'RE MAKING

01:26 - 21.189 WHAT I'M SAYING IS UNDER THE

01:26 - 22.410 RIGHT TO KNOW LAW.

01:26 - 24.890 WE WERE REQUIRED TO SEND THEM

01:26 - 26.500 ARE BUT THEY

01:26 - 27.909 TO BUT THEY COULDN'T DO

01:26 - 29.639 ANYTHING ARE COULD DISAGREE

01:26 - 30.669 WITH US WHICH

01:26 - 31.210 THEY DID.

01:26 - 32.839 AND NOW WE'RE DOWN SAID I

01:26 - 34.469 APOLOGIZE FOR ME IF I'M WRONG

01:26 - 36.850 THE CONCEPT IS WE HAVE THE 2.

01:26 - 39.379 2 CONCEPT PUBLIC NATURE AND

01:26 - 42.299 PUBLIC ACCESS. ARE THEIR JOB IS

01:26 - 43.990 TO DETERMINE THE PUBLIC NATURE.

01:26 - 45.270 AND THEN THE

01:26 - 47.809 PUBLIC ACCESS IS RESTRICTED OR

01:26 - 49.669 PROHIBITED BY PARTICULAR

01:26 - 51.400 OVERARCHING FACTORY FOR FIELD.

01:26 - 53.970 EXEMPTION.

01:26 - 57.549 THE DOCUMENT ALREADY CAME TO

01:26 - 00.860 YOU AS COMPLETELY CONFIDENTIAL

01:27 - 02.000 INFORMATION

01:27 - 05.750 WHY WOULD YOU HAVE SENT IT ARE

01:27 - 08.369 FOR THEM TO DETERMINE WHETHER

01:27 - 10.499 THE PUBLIC NATURE WHEN YOU

01:27 - 12.080 ALREADY HAVE THE THE FINDING

01:27 - 13.790 DESCRIPTION FROM ENERGY.

01:27 - 15.589 WHY WOULD IT NOT HAVE JUST

01:27 - 16.909 BEEN. YOU HAVE A RIGHT TO

01:27 - 19.429 APPEAL THIS 30 DAYS TO

01:27 - 20.849 COMMONWEALTH COURT FOR AN IN

01:27 - 22.649 CAMERA REVIEW TO DETERMINE

01:27 - 23.849 WHETHER THEIR CONFIDENTIAL

01:27 - 27.299 INFORMATION DESIGNATION IT IS

01:27 - 27.920 TRUE OR FALSE.

01:27 - 30.099 WE DIDN'T HAVE THE STATUTORY

01:27 - 30.720 AUTHORITY TO

01:27 - 32.639 DO THAT UNDER UNDER THE RIGHT

01:27 - 34.159 TO KNOW LAW THIS WAS A RIGHT TO

01:27 - 35.679 KNOW REQUEST. WE HAVE

01:27 - 37.179 WE HAVE A MANDATE UNDER THE

01:27 - 39.370 RIGHT TO KNOW IT ALL TO DIRECT

01:27 - 41.109 MISTER FRIEDMAN TO HIS

01:27 - 42.449 APPELLATE RIGHTS WITHIN THE

01:27 - 44.039 CONTEXT OR 8 YOU KNOW, THAT'S

01:27 - 46.309 ALL WE DO IT. WE FOLLOWED THE

01:27 - 47.310 LAW.

01:27 - 48.370 BUT IT'S THERE

01:27 - 50.689 METRO INDICATED IN HIS

01:27 - 52.289 AFFIDAVIT THAT THE

01:27 - 53.969 NONDISCLOSURE IS NECESSARY FOR

01:27 - 55.299 THE PROTECTION OF LIFE SAFETY

01:27 - 57.079 PUBLIC PROPERTY, WHERE PUBLIC

01:27 - 58.939 VIEW UTILITY FACILITIES THAT

01:27 - 00.309 PUT YOUR REPRODUCE RECORD ONE

01:28 - 02.499 OF THAT. SO I'M CONFUSED

01:28 - 05.329 BECAUSE THAT DEFINITIVE FINDING

01:28 - 07.719 BY YOUR ORGANIZATION AS OPPOSED

01:28 - 09.989 TO YOUR REQUIREMENT TO FOLLOW

01:28 - 10.990 PROCEDURE.

01:28 - 13.639 I WOULD SUBMIT THAT THE

01:28 - 14.749 PUBLIC NATURE OF THESE

01:28 - 17.150 DOCUMENTS AS

01:28 - 21.559 IDENTIFIED AS CSI. IS DICTATED

01:28 - 24.230 BY THE CSI ACT. AND I THINK

01:28 - 26.929 THE NEWSPAPER PAPER SO SHE

01:28 - 29.679 ATION. STATED UNDER AMOC IS

01:28 - 32.200 BRIEFED THAT THEY AGREE

01:28 - 35.109 WITH THAT THAT THE CSI

01:28 - 36.969 ACCESS TO PUBLIC NATURE OF

01:28 - 39.519 THESE DOCUMENTS IS DICTATED

01:28 - 41.409 BY THE CSI ACT AND THAT SINCE

01:28 - 42.479 THESE DOCUMENTS HAVE BEEN

01:28 - 44.549 IDENTIFIED AS CSI THEY ARE NOT

01:28 - 46.089 PUBLIC IN NATURE, THEN THEY

01:28 - 47.499 WENT INTO THE PUBLIC ACCESS.

01:28 - 48.819 THE PROBLEM IS AS SOON AS YOU

01:28 - 49.050 GO

01:28 - 51.259 INTO THAT YOU'RE YOU ARE

01:28 - 53.399 CONFLICTING THE STATUTE AND

01:28 - 55.409 UNFAIR CS I BECOME TO THE

01:28 - 57.759 COMMISSION. OR IS OUT OF THE

01:28 - 59.330 GAME THERE IN THE WRONG WAY.

01:28 - 00.760 AND THE COMMONWEALTH COURT

01:29 - 02.330 WAS ABSOLUTELY CORRECT ON THIS.

01:29 - 03.889 WHAT'S YOUR POSITION THERE IS

01:29 - 05.279 NO DIFFERENCE BETWEEN ACCESS TO

01:29 - 06.280 NATURE.

01:29 - 08.999 I THINK THERE'S A DIFFERENCE

01:29 - 09.900 BETWEEN ACCESS

01:29 - 11.999 IN NATURE, BUT I THINK ONCE YOU

01:29 - 13.079 FALL READY MADE THE

01:29 - 15.219 IDENTIFICATION OF THE NATURE

01:29 - 16.889 THAT THESE THINGS ARE SO YES.

01:29 - 19.049 I'VE DOCUMENTS THEN THE ACCESS

01:29 - 20.650 FALLS WITHIN THE CSI ACT.

01:29 - 23.069 I THINK THE LEGISLATURE IS

01:29 - 24.070 CLEAR.

01:29 - 27.309 I MISS HER IS THAT YOU KNOW

01:29 - 29.189 IT'S. I'M JUST

01:29 - 31.280 GOING TO SAY THIS IT'S STRANGE

01:29 - 33.700 RESPECTFULLY THAT

01:29 - 36.409 YOU TAKE THE POSITION THAT THIS

01:29 - 38.589 HAS TO GO ARE BECAUSE THE

01:29 - 39.670 STATUTE SAYS SO

01:29 - 43.219 BUT ARE HAD NO BUSINESS HEARING

01:29 - 44.579 IT BECAUSE ANOTHER STATUTE

01:29 - 46.209 HAD TO BUT THAT THAT YOUR

01:29 - 47.769 POSITION AND WE UNDERSTAND IT

01:29 - 48.740 SO LET'S HEAR FROM ENERGY

01:29 - 49.740 TRANSFER,

01:29 - 51.440 VERY GOOD I DID WANT TO

01:29 - 53.369 MENTION ONE LAST THING JUST FOR

01:29 - 54.689 THE COURT'S ATTENTION BECAUSE

01:29 - 56.019 IT REALLY GOT PLAYED DOWN, BUT

01:29 - 57.109 IT'S THIS ONE IS REALLY

01:29 - 57.820 IMPORTANT TO THE

01:29 - 59.349 COMMISSION TO IT'S THE

01:29 - 00.949 ALTERNATIVE THEORY THAT ONE

01:30 - 02.789 SOLO ARTIST MISSED THE

01:30 - 04.980 APPLICABILITY OF THE CSI ACT.

01:30 - 05.860 THE

01:30 - 08.759 ALTERNATIVE THEORY. HOW HOW

01:30 - 10.159 THEY LOOK AT THESE UNDER THE

01:30 - 11.849 RIGHT DOCUMENTS AND WITHIN THE

01:30 - 13.399 4 CORNERS OF THE RIGHT TO KNOW

01:30 - 16.409 LAW AND HOW THAT AND AND HOW

01:30 - 17.559 THAT INTERPLAY WITH THE

01:30 - 20.229 COMMISSION STATUTE SECTION 3.35

01:30 - 22.440 FEET. AND WHILE

01:30 - 24.379 ARE SHUT. THIS DOCUMENT

01:30 - 26.269 STILL CANNOT BE DISCLOSED UNDER

01:30 - 27.949 THE RIGHT TO KNOW LAW ONCE WE

01:30 - 29.259 GO TO THE COMMISSION'S OWN

01:30 - 30.990 STATUTE, 3.35 D.

01:30 - 32.679 THEY ARE NONETHELESS DISCLOSE

01:30 - 34.129 DOUBLE BECAUSE THEY FILED A

01:30 - 35.429 COMPLAINT CAN BE STOPPED

01:30 - 36.899 BECAUSE WE WANT THE SIDE THAT

01:30 - 37.900 IF WE DECIDE

01:30 - 41.629 BUT IT WHAT REMEDY YOU WANT

01:30 - 43.239 YOU WANT TO JUST DISMISS THAT I

01:30 - 43.850 I I.

01:30 - 45.389 NO I LIKE THE COMMONWEALTH

01:30 - 48.129 COURT'S ORDER FROM. I'M SORRY

01:30 - 49.130 THAT'S CORRECT OKAY.

01:30 - 59.769 MAY PLEASE THE KEVIN MCKEOWN

01:30 - 02.280 COUNCIL FOR ENERGY TRANSFER,

01:31 - 03.870 I'D LIKE TO START

01:31 - 07.140 JUST A STOCK OR TEASE.

01:31 - 08.980 MOST

01:31 - 11.379 RECENT QUESTION. AND AND I

01:31 - 13.589 THINK THERE'S AN EASILY

01:31 - 15.119 UNDERSTOOD MISCONCEPTION OF

01:31 - 18.159 WHAT HAPPENED AT THE P C AND SO

01:31 - 19.160 START THERE.

01:31 - 22.059 MISTER FRIEDMAN MADE A RIGHT TO

01:31 - 24.649 KNOW REQUEST OF THE P C AND IN

01:31 - 26.179 THAT REQUEST, HE EXPRESSLY

01:31 - 28.619 SAID. I'M NOT ASKING FOR

01:31 - 30.369 ANYTHING THAT IS CONFIDENTIAL

01:31 - 31.550 SECURITY INFORMATION.

01:31 - 34.759 ARE THE BLAST RADIUS

01:31 - 37.070 CALCULATIONS SO

01:31 - 39.209 THERE THEREBY SORT OF

01:31 - 40.690 EXPRESSING HIS OPINION

01:31 - 42.899 THAT BLAST RADIUS CALCULATIONS

01:31 - 44.449 ARE NOT CONFIDENTIAL SECURITY

01:31 - 45.579 INFORMATION, BUT NONETHELESS

01:31 - 47.740 SAYING I DON'T WANT

01:31 - 49.769 AND I'M NOT ASKING FOR

01:31 - 50.390 CONFIDENTIAL

01:31 - 52.189 SECURITY INFORMATION. SO THAT

01:31 - 53.110 YOU SEE WENT THROUGH IT'S

01:31 - 55.050 TYPICAL RIGHT TO KNOW ANALYSIS.

01:31 - 56.550 GETS LOTS OF

01:31 - 59.199 THESE REQUESTS AND IT RESPONDED

01:31 - 01.140 TO MISTER FRIEDMAN BY SAYING.

01:32 - 03.309 WE CAN'T GIVE YOU WHAT YOU'VE

01:32 - 05.330 ASKED FOR BECAUSE WE'VE LOOKED

01:32 - 08.159 WE FOUND SEVERAL CHARGES OF 2

01:32 - 09.389 ACTUALLY 2 TRANCHES OF

01:32 - 10.639 DOCUMENTS THAT HAVE WHAT YOU

01:32 - 11.640 WANT.

01:32 - 14.059 WANT RAUNCH IS THAT WHAT'S

01:32 - 15.439 CALLED A HAZARD ASSESSMENT

01:32 - 17.719 REPORT THAT WAS PREPARED FOR

01:32 - 18.030 EACH OF

01:32 - 20.569 THESE PIPELINES AND AND IN THAT

01:32 - 22.349 HAZARD ASSESSMENT REPORT THERE

01:32 - 23.320 ARE THE BLAST RADIUS

01:32 - 24.559 CALCULATIONS THAT YOU'VE ASKED

01:32 - 25.560 FOR IT.

01:32 - 29.199 THE BUREAU INVESTIGATION AND

01:32 - 30.110 ENFORCEMENT AT THE

01:32 - 33.299 P C WHICH IS THE ENTITY THAT

01:32 - 34.839 RECEIVED THIS INFORMATION IN

01:32 - 35.860 THE CONTEXT OF THE

01:32 - 37.740 9 CRIMINAL INVESTIGATION.

01:32 - 40.179 THE BUREAU OF INVESTIGATION AND

01:32 - 41.180 ENFORCEMENT.

01:32 - 47.659 I'M SORRY I I JUST MOMENTARILY

01:32 - 49.229 LOST MY TRAIN OF THOUGHT AND I

01:32 - 51.859 WANT TO GET BACK YOUR YOUR

01:32 - 52.899 QUESTION DARK JUSTICE

01:32 - 53.900 DAUGHERTY.

01:32 - 56.689 THE BUREAU OF INVESTIGATION AND

01:32 - 57.690 ENFORCEMENT.

01:32 - 01.709 RESPONDED AND WELL WITH A

01:33 - 04.980 PREPARED. INVESTIGATIVE REPORT

01:33 - 05.880 FOR EACH

01:33 - 07.589 OF THESE PIPELINES AS PART OF

01:33 - 08.789 INVESTIGATIONS THAT WERE

01:33 - 10.149 ONGOING FOR EACH OF THESE

01:33 - 11.150 PIPELINES.

01:33 - 14.529 AND IN THE INVESTIGATIVE REPORT

01:33 - 15.950 FOR EACH OF THESE PIPELINES.

01:33 - 20.129 THE PEWS HE SAID WE EXERT

01:33 - 22.339 THAT PORTIONS OF THE HAZARD

01:33 - 23.839 ASSESSMENT REPORT THAT ENERGY

01:33 - 26.849 TRANSFER FILED. AND IN THOSE

01:33 - 28.589 INVESTIGATIVE REPORT WE HAVE

01:33 - 30.210 THE BLAST RADIUS CALCULATIONS

01:33 - 32.280 AS WELL WE HAVE OTHER THINGS.

01:33 - 34.159 ALSO BECAUSE THEIR

01:33 - 35.429 INVESTIGATIVE REPORTS AND WE'RE

01:33 - 36.390 NOT TELLING YOU WHAT'S IN

01:33 - 37.929 THERE. BUT WE ARE TELLING YOU

01:33 - 38.930 WHAT'S IN THERE.

01:33 - 41.010 ARE THESE BLAST RADIUS

01:33 - 42.409 CALCULATION SO THOSE ARE THE 2

01:33 - 43.699 TRACKS. THE DOCUMENTS THAT WE

01:33 - 46.259 HAVE YOU CAN'T HAVE THEM UNDER

01:33 - 47.659 THE RIGHT TO KNOW LAW BECAUSE

01:33 - 49.469 NUMBER ONE THEIR CONFIDENTIAL

01:33 - 51.480 SECURITY INFORMATION NUMBER 2.

01:33 - 52.470 THEY'RE THE RESULT OF

01:33 - 54.979 THE ONGOING 3 ONGOING NON

01:33 - 56.419 CRIMINAL INVESTIGATIONS THAT

01:33 - 58.809 THE PC IS CONDUCTING AND UNDER

01:33 - 59.929 THE RIGHT TO KNOW LAW THOSE

01:33 - 03.269 ARE. EXEMPT. UNDER B 17 OF THE

01:34 - 04.570 RIGHT TO KNOW LAW AND THEN

01:34 - 07.229 ALSO THE SAME INFORMATION AND

01:34 - 08.569 MUCH OTHER INFORMATION IN THESE

01:34 - 10.469 INVESTIGATIVE REPORTS WERE

01:34 - 12.270 DEALS WITH PUBLIC SAFETY AND

01:34 - 13.599 SUCH MATTERS AND THEY'RE

01:34 - 15.089 COVERED BY OTHER EXEMPTIONS

01:34 - 16.580 UNDER THE RIGHT TO KNOW LAW SO

01:34 - 17.780 TONIGHT

01:34 - 20.789 THAT EXERCISE THAT THE P YOU

01:34 - 23.409 SEE UNDERTOOK. WAS NOT THE

01:34 - 24.410 EXERCISE.

01:34 - 26.829 THEY COULD HAVE UNDERTAKEN

01:34 - 28.990 UNDER THE CSI STATUTE.

01:34 - 32.960 BUT THE PERSON

01:34 - 35.049 WHO WANTS CSI WHICH WAS NOT

01:34 - 36.439 MISTER FRIEDMAN BECAUSE HE SAID

01:34 - 37.880 HE DIDN'T WANT CSI

01:34 - 40.689 BUT. A PERSON WHO ACTUALLY

01:34 - 43.459 WANTED CSI COULD ASK THAT YOU

01:34 - 45.329 SEE TO LET HIM LOOK AT THE PIER

01:34 - 47.929 AT THE CSI. AND IF YOU SEE

01:34 - 50.719 WOULD CONSIDER THAT. AS A AS

01:34 - 52.769 A MATTER AND THEY MIGHT IMPOSE

01:34 - 53.420 ON HIM,

01:34 - 55.269 VARIOUS RESTRICTIONS LIKE

01:34 - 56.609 SIGNED THE NONDISCLOSURE

01:34 - 58.559 AGREEMENT. AGREED TO A

01:34 - 59.909 NON-CRIMINAL INVESTIGATE

01:34 - 01.360 BACKGROUND INVESTIGATION.

01:35 - 03.099 PERHAPS YOU COULD ONLY COME IN

01:35 - 04.499 AND LOOK AT IT BUT NOT TAKE IT

01:35 - 06.699 WITH YOU. THOSE KINDS OF THINGS

01:35 - 08.139 SO THAT WOULD BE THAT

01:35 - 09.609 SPECIFICALLY PROVIDED FOR THE

01:35 - 11.389 STATUTE AND IT'S SPECIFICALLY

01:35 - 12.689 PROVIDED FOR IN THE PEW

01:35 - 14.749 SAYS REGULATIONS. I INTERRUPT

01:35 - 16.639 YOU JUST TO CLARIFY SOMETHING

01:35 - 18.579 FOR MY OWN UNDERSTANDING OF OF

01:35 - 19.580 YOUR POSITION.

01:35 - 23.309 IS IT YOUR UNDERSTANDING THAT

01:35 - 25.129 THE RIGHT TO KNOW REQUEST BY

01:35 - 27.590 MISTER FRIEDMAN WANTED.

01:35 - 29.650 THE COUNT THE

01:35 - 33.790 OFFER

01:35 - 35.309 WHAT TO CALL IT THE BUFFER

01:35 - 37.399 RADIUS OF THE BLAST RADIUS LAST

01:35 - 39.769 RADIUS CALCULATIONS THEMSELVES

01:35 - 40.770 OR SIMPLY.

01:35 - 43.659 THE CALCULATED DISTANCE FOR

01:35 - 45.109 THE BLAST RADIUS FOR THE

01:35 - 45.870 BUFFER SO.

01:35 - 47.839 WELL, IT'S IT'S ONE OF THE

01:35 - 49.139 SAME IRAN ARE AND WHAT IS IT

01:35 - 50.739 THOUGH I MEAN THE CALCULATED

01:35 - 53.309 DISTANCE IS 01:00AM FOR YOU

01:35 - 54.310 KNOW.

01:35 - 55.530 300 FEET OR

01:35 - 58.299 3,000 FEET. THE CALCULATIONS

01:35 - 00.650 THE BLAST RADIUS CALCULATIONS.

01:36 - 04.079 MUCH MORE COMPLICATED THAN THAT

01:36 - 05.159 BECAUSE YOU HAVE ALL THESE

01:36 - 06.429 DIFFERENT FACTORS THAT YOU'RE

01:36 - 08.079 PUTTING TOGETHER WAS IT

01:36 - 10.980 NECESSARY TO EVEN HAVE THAT.

01:36 - 13.459 OR WAS IT REALLY JUST THE

01:36 - 14.980 CALCULATE DISTANCES

01:36 - 17.339 WERE REQUESTED THAT THE

01:36 - 18.839 CALCULATED DISTANCES WOULD

01:36 - 20.339 REVEAL THE ACTUAL POSITION OF

01:36 - 21.969 THE PIPELINE WHICH IS AN

01:36 - 23.670 UNKNOWN AND IT'S AN IMPORTANT

01:36 - 25.609 UNKNOWN BECAUSE ALTHOUGH

01:36 - 26.779 EVERYBODY HERE TO SEE THE

01:36 - 27.939 PIPELINE GOING IN THEY KNOW

01:36 - 29.229 GENERALLY WHERE IT IS IN FACT

01:36 - 30.899 ENERGY TRANSFER WANT EVERYBODY

01:36 - 32.449 TO KNOW THAT THERE'S A PIPELINE

01:36 - 33.020 THERE.

01:36 - 34.359 YOU KNOW FOR CALLED BEFORE

01:36 - 35.360 YOUR BIG DAY ONE.

01:36 - 36.709 THEY WANT EVERYBODY TO KNOW

01:36 - 37.690 THAT THERE'S A PIPELINE THERE,

01:36 - 38.929 BUT THEY DON'T WANT ANYONE TO

01:36 - 40.799 KNOW EXACTLY WHERE IT IS IT'S A

01:36 - 41.020 RIGHT

01:36 - 43.119 OF WAY. BUT IF THAT IF IF IF

01:36 - 44.999 THE PUBLIC OR IF IT'S PUBLIC

01:36 - 46.749 INFORMATION AS TO EXACTLY WHERE

01:36 - 49.049 IT IS WHICH THESE CALCULATIONS

01:36 - 50.420 WOULD REVEAL I SEE.

01:36 - 53.659 THEN SOMEBODY WANTS TO COMMIT

01:36 - 55.489 7 TIMES HAS INFORMATION THAT

01:36 - 56.060 YOU COULD NEVER GET

01:36 - 58.009 ANYWHERE ELSE. HE KNOWS EXACTLY

01:36 - 59.769 WHERE THE PIPELINES CONSULTANT

01:36 - 00.899 HAS PREPARED THIS HAZARD

01:37 - 03.609 ASSESSMENT REPORT WHO KNOWS AND

01:37 - 04.719 YOU KNOW THIS IS A 300 MILE

01:37 - 06.980 LONG PIPELINE. AND SO

01:37 - 10.419 AND AND AND THE WAY THE BLAST

01:37 - 11.350 RADIUS CALCULATION

01:37 - 13.449 IS DEVELOPED IS THERE

01:37 - 14.829 ATMOSPHERE CONDITIONS THERE

01:37 - 16.230 WEATHER CONDITIONS THERE ARE

01:37 - 18.029 CLIMATE CONDITIONS THERE ARE UP

01:37 - 19.320 TO PAR GRAFFITI CONDITIONS.

01:37 - 20.900 ALL OF THESE AFFECT

01:37 - 22.889 HOW WIDE OR HOW NARROW THE

01:37 - 24.959 BLAST RADIUS. IT'S COOL THAT

01:37 - 26.569 THAT IS CONFIDENTIAL

01:37 - 27.570 INFORMATION.

01:37 - 30.029 THE FACT THAT IF I LIVED A

01:37 - 32.199 MILE FROM THE POTENTIAL

01:37 - 34.090 LOCATION WHERE THE PIPELINE.

01:37 - 36.500 AND WHY. WEATHER.

01:37 - 43.810 IS THERE

01:37 - 48.390 IN

01:38 - 29.849 I DON'T THINK SO YOUR HONOR I

01:38 - 31.440 THINK WELL THAT.

01:38 - 39.579 MISTER FRIEDMAN DIDN'T GET

01:38 - 40.270 ANYTHING FROM THE

01:38 - 44.549 PEACE 8 BUT BUT BUT AND I TO

01:38 - 45.920 PICK UP ON MISTER, HERZOG'S.

01:38 - 48.860 POINT WHEN WHEN.

01:38 - 52.360 ON THE ISSUE OF PUBLIC NATURE.

01:38 - 57.230 AFFIDAVITS THAT WERE IN FRONT

01:38 - 58.730 ARE.

01:39 - 04.119 THE INFORMATION IN QUESTION IS

01:39 - 05.120 CSI.

01:39 - 24.399 I THINK SO A LITTLE BIT

01:39 - 26.909 YOUR HONOR. THE AFFIDAVIT ART

01:39 - 28.920 THEY ARE PART OF THE O R

01:39 - 31.229 APPEAL PROCESS. SO WHEN WHEN

01:39 - 32.409 THE PEERS HE SAID YOU CAN HAVE

01:39 - 33.869 THE DOCUMENTS BUT YOU ASKED

01:39 - 34.870 FOR.

01:39 - 36.290 HERE'S WHAT THEY ARE, BUT IT

01:39 - 39.170 CAN HAPPEN. MISTER FRIEDMAN

01:39 - 41.029 ARE MADE

01:39 - 42.899 HIS STATEMENT AND THEN IT'S

01:39 - 44.219 INCUMBENT UPON THE AGENCY THAT

01:39 - 45.390 JUSTIFIED THEIR DECISION.

01:39 - 47.399 SO THE AGENCY FILED AN

01:39 - 49.309 AFFIDAVIT ENERGY TRANSFER

01:39 - 50.720 INTERVENED THAT IT FILED

01:39 - 51.860 AFFIDAVIT

01:39 - 54.859 EXPLAINING EXACTLY HOW DO WE

01:39 - 56.270 KNOW WHY THIS INFORMATION

01:39 - 58.609 SHOULD BE TREATED AS CSI

01:39 - 02.049 IS CSI AND WHY THERE FOR THE O

01:40 - 04.469 R CANNOT GIVE IT TO MISTER

01:40 - 07.199 FRIEDMAN IN ARE AS JUSTICE

01:40 - 08.429 BARRETT SAID CHIEF JUSTICE

01:40 - 10.619 BARRETT THAT STOP YOU KNOW IF

01:40 - 11.809 YOU MAKE THE DETERMINATION THAT

01:40 - 14.269 THIS IS CSI ARSON SHOULD

01:40 - 16.539 SIMPLY STOP AND THAT'S WHAT

01:40 - 17.689 THEY SHOULD HAVE BEEN SHOULD

01:40 - 18.740 HAVE DONE BUT DIDN'T DO.

01:40 - 24.069 THAT DECISION WOULD BE

01:40 - 25.369 REVIEWABLE IN THE COMMONWEALTH

01:40 - 26.580 COURT IN ANOTHER WORDS.

01:40 - 29.769 THE THAT THE PAIN

01:40 - 33.229 YOU SEE SAID MISTER FREEMAN TO

01:40 - 35.169 THE O R HE WENT TO THE

01:40 - 37.580 O R THEY DID WHATEVER THEY DID.

01:40 - 39.309 AND IN THIS CASE YOU'RE YOU'RE

01:40 - 40.790 UNHAPPY WITH THE GOOD FIGHT.

01:40 - 41.830 THE CASE IS GOING TO

01:40 - 42.830 COMMONWEALTH COURT.

01:40 - 45.679 IT SEEMS TO BE YOU'RE TELLING

01:40 - 48.109 US THAT YOU SEE WAS WRONG TO

01:40 - 49.639 HAVE EVER SAID. MISTER

01:40 - 50.640 FRIEDMAN.

01:40 - 53.429 ARE BECAUSE THEY HAVE NO DOG IN

01:40 - 54.310 THIS FIGHT IS NOT WHAT YOU'RE

01:40 - 55.719 SAYING I'M NOT SAYING THAT YOUR

01:40 - 56.829 HONOR BECAUSE THE PC WAS

01:40 - 58.599 OBLIGATED TO TO TELL YOU THINK

01:40 - 59.649 THAT THERE'S A STATUTE THAT

01:40 - 02.189 SAYS IF YOU DENY TO DENY RIGHT

01:41 - 03.249 TO KNOW REQUEST YOU HAVE TO

01:41 - 04.819 TELL THE REQUESTER HAS 30 DAYS

01:41 - 05.550 TO APPEAL.

01:41 - 06.670 TO THE OFFICE OF OPEN

01:41 - 07.670 RECORDS.

01:41 - 09.759 IT JUST IT JUST MEETING WHICH I

01:41 - 10.760 KNOW I UNDERSTAND.

01:41 - 13.510 IN

01:41 - 16.659 THIS CASE. MISTER FRIEDMAN

01:41 - 17.729 WANTED TO PRESS

01:41 - 21.839 THE POINT THIS IS NOT CSI AND B

01:41 - 24.379 IF IT IS CSI FOR SOME HOW THEY

01:41 - 24.840 THEY DIDN'T

01:41 - 27.189 PROVE IT AND AND THEREFORE YOU

01:41 - 28.469 SHOULD GIVE IT TO ME BUT BUT

01:41 - 29.589 THE FACT OF THE MATTER IS WE

01:41 - 31.459 HAVE. WE HAVE

01:41 - 32.899 DECLARATIONS IN THE RECORD

01:41 - 35.450 SWORN TESTIMONY IN THE RECORD

01:41 - 40.590 IF MISTER METRO STATEMENT THAT.

01:41 - 44.039 THE U.S. RECORDS ARE PART OF

01:41 - 45.119 THE ACTIVE AND ONGOING

01:41 - 46.429 INVESTIGATION THAT THESE

01:41 - 48.869 PIPELINES THESE RECORDS WERE

01:41 - 50.429 PRODUCED TO THE COMMISSION BY

01:41 - 51.739 SUNOCO AND ARE MARKED AS

01:41 - 52.740 CONFIDENTIAL.

01:41 - 55.840 NO LEGAL AUTHORITY

01:41 - 58.589 TO EXAMINE THESE ASSERTIONS

01:41 - 59.530 THAT WHAT YOU'RE SAYING RIGHT.

01:41 - 02.329 NO NO I DO WELL I THE LAW IS AS

01:42 - 04.040 YOU WELL KNOW YOUR HONOR THAT.

01:42 - 08.010 WARMEST EXCEPT A GOOD FAITH.

01:42 - 11.249 AFFIDAVIT PUT INTO EVIDENCE BY

01:42 - 12.929 THE AGENCY IN SUPPORT OF THAT

01:42 - 14.489 POSITION AND THAT'S WHAT WE

01:42 - 16.149 HAVE HERE WE HAVE GOOD FAITH

01:42 - 17.720 AFFIDAVIT FROM.

01:42 - 20.879 BOTH YOU SEE

01:42 - 22.949 MISTER METRO AND ENERGY

01:42 - 24.889 TRANSFER SAYING THE INFORMATION

01:42 - 26.989 IN QUESTION IS CONFIDENTIAL

01:42 - 30.819 SECURITY INFORMATION. OUR

01:42 - 33.069 SET WAS WELL THAT DOESN'T PROVE

01:42 - 33.960 WE'RE NOT GOING ACCEPT THAT

01:42 - 35.041 THAT'S NOT GOOD ENOUGH FOR.

01:42 - 39.120 OR HEARING OFFICER.

01:42 - 41.819 THE ISSUE AND SAID WELL LET

01:42 - 43.929 ME SEE THE TRANSMITTAL LETTERS

01:42 - 44.560 AND TO THE PAY

01:42 - 46.519 TO SEE SAID OK WE'LL GIVE YOU

01:42 - 48.259 THE TRANSMITTAL LETTER BUT YOU

01:42 - 49.260 NEED TO REMEMBER

01:42 - 51.059 WE GOT THESE LETTERS AS PART OF

01:42 - 52.710 A NON CRIMINAL INVESTIGATION.

01:42 - 54.569 WE BELIEVE THAT AT A MINIMUM

01:42 - 55.570 THESE LETTERS.

01:42 - 57.459 THAT THAT ARE PART OF A NON

01:42 - 58.949 CRIMINAL INVESTIGATION ARE

01:42 - 01.209 EXEMPT FROM DISCLOSURE UNDER

01:43 - 03.360 THE RIGHT TO NO LONGER BE 177

01:43 - 04.849 '08 THE 17 OF THE RIGHT TO KNOW

01:43 - 07.310 ALSO WE'LL GIVE THEM TO YOU

01:43 - 09.169 HEARING EXAMINER TO LOOK AT IN

01:43 - 10.170 CAMERA.

01:43 - 13.679 TO SEE WHETHER ENERGY TRANSFER

01:43 - 14.680 COMPLIED WITH ITS

01:43 - 16.189 YOU KNOW WITH OUR REGULATIONS

01:43 - 17.930 AND DESIGNATED THESE THINGS IS

01:43 - 19.909 AS A COMPASS THE SECURITY ACT

01:43 - 21.390 INFORMATION BUT.

01:43 - 24.409 WE'RE NOT GOING TO LET MISTER

01:43 - 25.519 FRIEDMAN SEE WE'RE NOT GOING TO

01:43 - 25.830 GIVE THEM

01:43 - 27.709 TO HIM. SO WE WANT YOU TO LOOK

01:43 - 29.049 AT THEM AND CAMERA SINCE YOU'VE

01:43 - 30.209 ASKED THIS QUESTION WE DON'T

01:43 - 31.249 THINK IT'S RELEVANT BECAUSE

01:43 - 32.250 WE'VE ALREADY GIVEN YOU AN

01:43 - 33.989 AFFIDAVIT SWEARING TO THE FACT

01:43 - 34.770 THAT THE INFORMATION IN

01:43 - 38.319 QUESTION. THE CSI. THAT WASN'T

01:43 - 39.819 GOOD ENOUGH FOR A WHILE AND

01:43 - 41.449 THEY WOULDN'T SHE IN FACT THE

01:43 - 42.779 HEARING EXAMINER JUST SENT THEM

01:43 - 44.529 BACK TO THE P C SIMPLE

01:43 - 45.749 LETTERS BACK TO THE PC SAID

01:43 - 46.932 WE'RE NOT GOING TO LOOK AT THEM

01:43 - 47.870 BECAUSE YOU WOULDN'T GIVE IN

01:43 - 48.870 THE MISTER FRIEDMAN.

01:43 - 52.719 I THINK WE'RE ABOUT THEM THIS

01:43 - 54.840 CASE BUT OUT I HAVEN'T GOT MUCH

01:43 - 58.739 THE FIRST 10 FEET TO THE

01:43 - 59.740 JOURNEY.

01:44 - 02.699 YOUR POSITION IS CONSISTENT

01:44 - 04.309 WITH MISTER HER TALK WHICH IS

01:44 - 05.859 THAT IT WAS PROPER BECAUSE IT

01:44 - 07.649 WAS A NIGHT RIGHT CAN NO

01:44 - 09.440 LONGER REQUEST. THUS

01:44 - 12.680 ARE BUT TO IMMEDIATELY ARGUE

01:44 - 14.789 ARE HAD NO JURISDICTION TO HEAR

01:44 - 17.200 IT. THAT'S RIGHT YOUR HONOR

01:44 - 17.900 SO

01:44 - 20.079 SO THAT THE LAW REQUIRES THAT

01:44 - 20.790 YOU TRICK COMES

01:44 - 23.289 TO TREATMENT. YEAH BUT RICK, I

01:44 - 24.519 MEAN MISTER FRIEDMAN COULD HAVE

01:44 - 26.609 GONE BACK TO YOU SEE TODAY YOU

01:44 - 28.399 CAN GO BACK TODAY. HE COULD DO

01:44 - 29.400 GOING BACK.

01:44 - 32.210 2 YEARS AGO. AND HE DIDN'T PUT.

01:44 - 34.520 EVERY FOR ARE.

01:44 - 36.989 IT WAS A WINK AND A NOD

01:44 - 38.869 BECAUSE YOUR POSITION OR HAD NO

01:44 - 40.109 BUSINESS HEARING YOU KNOW WHAT

01:44 - 41.379 YOUR HONOR IS NOT A IT'S NOT A

01:44 - 42.509 WINK AND A NOD, IT'S

01:44 - 44.939 THE LAW. THE PIERCE IS BOUND BY

01:44 - 47.010 THE RIGHT TO KNOW LAW TO DIRECT

01:44 - 48.220 THE REQUESTER.

01:44 - 52.279 ON APPEAL OUR IT'S IT'S JUST

01:44 - 53.489 JUST JUST CATCH IT VERY

01:44 - 54.490 REQUIREMENT.

01:44 - 57.509 THAT YOU OFFER SAVE THE CSI P

01:44 - 58.120 YOU SEES.

01:44 - 59.839 WOW DID DECIDE IT WITH AN

01:44 - 01.019 APPEAL TO COMMONWEALTH COURT

01:45 - 02.689 ACCEPTED MISTER FRIEDMAN SAID

01:45 - 03.790 ONE CSI.

01:45 - 06.009 THAT'S A PAGE FOR THE RECORD

01:45 - 07.669 THAT'S HIS REQUEST AT THE FAIR

01:45 - 08.670 THAT'S A FAIR POINT.

01:45 - 12.240 SO WE'RE HERE TO WATCH CSI.

01:45 - 13.450 YOU

01:45 - 16.289 ARE WHAT YOUR POSITION IS THAT

01:45 - 16.770 IT'S ALL SEE

01:45 - 19.149 A SIGHT. WELL AND AND YOUR

01:45 - 21.529 HONOR I KNOW THAT YOU TRAVEL

01:45 - 22.859 IT, BUT IT CERTAINLY I KNOW

01:45 - 24.479 THAT YOU GOT RIGHT NOW I KNOW

01:45 - 25.789 THAT YOU'RE YOU'RE YOU'RE A

01:45 - 27.919 LITTLE CONFUSED A LOT ABOUT OUR

01:45 - 28.720 POSITION BUT.

01:45 - 30.150 COULD I MAKE ONE POINT.

01:45 - 32.860 IT'S IT'S THAT THE PROCESS.

01:45 - 36.179 BUT THE P C HAS IN PLACE

01:45 - 38.699 AND IT'S DICTATED IN IN IN

01:45 - 40.920 FRAUD SCHEME. BY THE STATUTE.

01:45 - 42.719 THE CSI ACT THAT THE PC HAS

01:45 - 44.769 VERY SPECIFIC REGULATIONS AND

01:45 - 45.770 WHAT THEY.

01:45 - 48.069 OFFER TO SOMEBODY WHO WANTS TO

01:45 - 50.210 SEE CSI OUR.

01:45 - 53.699 POSSIBILITIES PROCEDURALLY THE

01:45 - 55.509 FAITH THEY CAN EVEN WANT TO SEE

01:45 - 57.299 CSI THAT'S WHAT I UNDERSTAND,

01:45 - 58.180 BUT I COULD BUT I THINK IT'S

01:45 - 59.629 IMPORTANT TO TO MAKE THIS POINT

01:45 - 01.239 THAT THE PROCESS THAT THE PC

01:46 - 03.589 HAS IN PLACE. THE REQUESTER CAN

01:46 - 06.609 ASK. JUST TO REVIEW

01:46 - 09.219 THE CSI. AND THAT TRIGGERS

01:46 - 12.450 A PROCESS WHERE THE LAW BUREAU

01:46 - 15.059 AND WHOEVER IS THE CUSTODIAN OF

01:46 - 17.819 THE ACTUAL CSI GET TOGETHER AND

01:46 - 18.320 THEY TRY TO

01:46 - 20.329 FIGURE OUT UNDER WHAT

01:46 - 21.869 CIRCUMSTANCES THE REQUESTER

01:46 - 22.990 COULD JUST LOOK AT IT.

01:46 - 24.919 AND THEN THAT'S WHAT I REFERRED

01:46 - 26.299 TO EARLIER THAT YOU MIGHT BE

01:46 - 27.849 ASKED TO SIGN AN NDA YOU MIGHT

01:46 - 28.010 BE

01:46 - 30.579 ASKED TO IT'S A SUBJECT ITSELF

01:46 - 31.729 TO NOT A CRIMINAL BACKGROUND

01:46 - 34.369 CHECK MAY ONLY BE ABLE TO LOOK

01:46 - 35.530 AT IT BUT NOT TAKING WITH IT

01:46 - 36.809 NOT GIVE IT TO THE PUBLIC IN

01:46 - 38.399 OTHER WORDS AND THAT'S A

01:46 - 39.809 POSSIBILITY THE OTHER

01:46 - 41.920 POSSIBILITY IS THE REQUESTER

01:46 - 44.450 CAN CHALLENGE THE DESIGNATION

01:46 - 46.499 OF SEE A SIGN THAT MISTER

01:46 - 47.830 FRIEDMAN OBVIOUSLY THINKS

01:46 - 49.929 THE BLAST RADIUS CALCULATIONS

01:46 - 52.129 ARE NOT CSI HE COULD HAVE GONE

01:46 - 54.119 TO THE PC AND CHALLENGED IT WE

01:46 - 55.329 CAN'T SEE WHAT YOU'RE SAYING

01:46 - 56.050 SORRY YOU'RE SAYING

01:46 - 58.289 HE CAN'T DO THAT IN THE O R AND

01:46 - 59.600 I THINK THAT'S CAUSING.

01:47 - 01.559 A STUMBLING BLOCK AT LEAST

01:47 - 02.990 FOR ME IN YOUR ARGUMENT BECAUSE

01:47 - 05.629 YOU YOU YOU WANT TO SAY I THINK

01:47 - 07.889 THAT THE THE THE INVOCATION OF

01:47 - 08.890 THEM ENTRE

01:47 - 12.940 OF CSI HAS TO BE TAKING ON A OR

01:47 - 14.479 NOT WITHSTANDING THE RIGHT TO

01:47 - 16.850 KNOW LAW AND EVEN THOUGH PC 7

01:47 - 19.849 OR OR CAN'T LOOK AT IT THEY'RE

01:47 - 22.309 PART OF POINT AND THAT'S THAT'S

01:47 - 25.009 CAUSING A GIVEN THAT THAT THE

01:47 - 26.239 RIGHT TO KNOW LAW IS ON THE

01:47 - 29.140 BOOKS. THAT CAUSES IT.

01:47 - 31.380 DISCONNECT.

01:47 - 33.079 WE ARE ARGUMENT THAT WHAT

01:47 - 33.840 YOUR HONOR THERE IS THE

01:47 - 36.279 POSSIBILITY ARE CAN LOOK AT

01:47 - 38.419 ANYTHING IN CAMERA. THE

01:47 - 40.000 QUESTION IS SHARING IT WITH

01:47 - 42.089 MISTER FRIEDMAN SO FOR EXAMPLE,

01:47 - 44.980 THE COVER LETTERS. THE PC SAID

01:47 - 47.360 ARE HERE ARE THE COVER LETTERS.

01:47 - 51.309 WE'VE REDACTED SOME THINGS FROM

01:47 - 52.729 THEM. BUT YOU CAN

01:47 - 54.079 LOOK AT THEM, BUT WE WANT YOU

01:47 - 54.680 TO LOOK AT THEM

01:47 - 56.629 IN CAMERA TO SUPPORT OUR

01:47 - 57.869 POSITION SINCE YOU ASKED THE

01:47 - 58.810 QUESTION WE DON'T THINK IT'S

01:47 - 59.819 NECESSARY WE'VE GOT AN

01:47 - 01.409 AFFIDAVIT IN PLACE. BUT YOU

01:48 - 04.009 SHOULD ACCEPT THAT SAYS YOU

01:48 - 05.459 KNOW IT'S CONSISTENT WITH ALL

01:48 - 06.460 RIGHT TO KNOW LAW.

01:48 - 07.879 IT'S AN AFFIDAVIT OF MISTER

01:48 - 10.530 METRO WHO KNOWS THIS MATERIAL

01:48 - 13.719 WHO SAID THIS IS CSI IN

01:48 - 15.989 MY OPINION. ENERGY TRANSFER

01:48 - 18.310 PROBABLY MARKET. SO THERE'S THE

01:48 - 20.619 OR SHOULD ACCEPT THAT THAT THEY

01:48 - 22.639 DID NOT DO THAT IT WASN'T

01:48 - 23.929 FOR SOME REASON WASN'T GOOD

01:48 - 24.880 ENOUGH FOR THAT WHEN

01:48 - 26.789 YOU UNDERSTAND MISTER FREEMAN'S

01:48 - 27.790 FRUSTRATION.

01:48 - 29.089 HE WRITES THE LETTER SAYS I

01:48 - 31.199 DON'T LIKE THE CSI YOU KEEP

01:48 - 32.200 YOUR CSI.

01:48 - 34.680 YOU TELL HIM.

01:48 - 37.389 YOU CAN'T HAVE THESE

01:48 - 38.390 DOCUMENTS.

01:48 - 40.799 I THINK ABOUT WAS HIM I WOULD

01:48 - 42.509 PRESERVE ON THE BASES OTHER

01:48 - 44.389 THAN CSI SINCE THEY NEVER ASKED

01:48 - 46.799 FOR CSI AND GO TO THE O R WHO

01:48 - 47.800 CAN DECIDE IT

01:48 - 49.899 THEN WHEN HE GETS ARE EVEN

01:48 - 51.510 THOUGH WE NEVER ASKED FOR CSI

01:48 - 53.519 YOU SAY FIRST YOU

01:48 - 56.159 GET IT ALL CSI YOU KNOW YOU

01:48 - 58.169 DIDN'T ASK FORTE IN THERE OUR

01:48 - 00.119 ARKANSAS I CAN'T CAN'T DECIDE

01:49 - 01.849 THE MATTER I COULD SEE THAT HE

01:49 - 03.069 COULD BE FRUSTRATED YOUR HONOR

01:49 - 04.239 MISTER FRIEDMAN WITH THIS IS A

01:49 - 06.120 CONFUSING SCENARIO TO US.

01:49 - 07.080 CAN YOU SEE HOW WE'RE

01:49 - 08.080 FRUSTRATED.

01:49 - 12.390 AND I GUESS WE'RE GOING TO

01:49 - 13.330 HAVE TO GO AND SOMEBODY IS

01:49 - 14.389 GOING TO GO INTO THE RECORD AND

01:49 - 16.089 TRY TO FIGURE THIS OUT THIS IS

01:49 - 18.419 ALL WELL LAID OUT IN THE BRIEF

01:49 - 19.350 SAID THAT THAT WASN'T IN THE

01:49 - 21.159 ARGUMENT. I THOUGHT THAT'S ON

01:49 - 22.160 ME BUT.

01:49 - 27.059 WE'RE GOING TO FINISH IT MAKE

01:49 - 28.350 TAKE YOUR BEST SHOT RIGHT HERE.

01:49 - 30.199 THE PROCEDURES ARE IN PLACE AT

01:49 - 31.200 THE PC

01:49 - 33.559 ENERGY TRANSFER BY THE WAY

01:49 - 35.659 WITHOUT AN ENORMOUS AMOUNT OF

01:49 - 37.289 PUBLIC INFORMATION IS REQUIRED

01:49 - 39.579 TO BY FEDERAL REGULATION

01:49 - 41.629 DOES SO WE WE TELL

01:49 - 43.629 PEOPLE THE APPROXIMATE LOCATION

01:49 - 44.550 OF THE PIPE WE DON'T WANT TO

01:49 - 46.699 GIVE AN EXACT LOCATION. HOW TO

01:49 - 48.749 RECOGNIZE A LEAK WHAT TO DO IF

01:49 - 49.910 A LEAK IS SUSPECTED.

01:49 - 52.709 WHAT NOT TO DO WHAT THE HAZARDS

01:49 - 54.809 ARE WE DO ALL THAT PUBLIC

01:49 - 56.800 INFORMATION STOP WE TRAIN.

01:49 - 58.460 EMERGENCY RESPONDERS.

01:50 - 05.069 MISTER FRIEDMAN ALREADY HAS AND

01:50 - 06.339 HE LIVES WITHIN A 1000 FEET OF

01:50 - 08.070 THE PIPELINE, SO HE GETS IT.

01:50 - 10.769 EVERY 2 YEARS, HE CAN ACCESS IT

01:50 - 12.140 FROM HIS LOCAL COMMUNITY.

01:50 - 13.710 HE HAS ALL THIS INFORMATION

01:50 - 15.409 THAT THANK YOU THANK YOU VERY

01:50 - 16.639 MUCH. THANK YOU COUNCIL.

01:50 - 18.150 IT WILL STRAIGHTEN IT OUT.

01:50 - 22.389 THIS NEXT APPEAL COMMONWEALTH

01:50 - 24.859 VERSUS SANTANA ARISES FROM THE

01:50 - 26.669 CRIMINAL CONVICTION AND IT

01:50 - 28.149 INVOLVES A VERY IMPORTANT

01:50 - 30.050 CONSTITUTIONAL PRINCIPLE,

01:50 - 32.659 BARRING WHAT ARE CALLED EX POST

01:50 - 33.890 FACTO LAWS.

01:50 - 36.919 EX POST FACTO MEANS AFTER THE

01:50 - 38.370 FACT IT'S A LATIN TERM.

01:50 - 40.739 BOTH THE STATE AND THE FEDERAL

01:50 - 42.639 CONSTITUTION BARR

01:50 - 46.159 SUCH LAWS. AN EX POST FACTO LAW

01:50 - 47.749 IS ONE THAT REACHES BACK IN

01:50 - 50.049 TIME AND MAKES CONDUCT

01:50 - 52.349 PUNISHABLE IN A WAY IT WAS NOT

01:50 - 54.420 PUNISHABLE WHEN IT WAS DOT.

01:50 - 57.489 IT'S A CRIMINAL LAW THAT HAS

01:50 - 59.119 RETROACTIVE EFFECT IF

01:50 - 01.739 YOU WILL BY MAKING PAST CONDUCT

01:51 - 03.929 PUNISHABLE OR BY

01:51 - 06.299 INCREASING PUNISHMENT FOR PAST

01:51 - 08.459 CONDUCT. IT SEEMS SIMPLE

01:51 - 10.199 AND STRAIGHTFORWARD. BUT IT

01:51 - 12.159 ISN'T ALWAYS. HERE'S THE

01:51 - 13.860 BACKGROUND IN THIS CASE.

01:51 - 16.429 MISTER SANTANA WAS A RESIDENT

01:51 - 18.390 OF NEW YORK IN THE 1980'S.

01:51 - 21.229 HE WAS HE COMMITTED A RAPE AND

01:51 - 23.660 WAS CONVICTED THAT YEAR FOR IT.

01:51 - 24.990 IN THE MID

01:51 - 27.439 1990'S, NEW YORK WHERE HE

01:51 - 29.329 STILL LIVE AND ACTED WHAT IS

01:51 - 31.879 CALLED A MEGAN'S LAW MEGAN'S

01:51 - 34.409 LAW CAME FROM PAY HORRIBLE

01:51 - 35.759 EVENT IN NEW JERSEY WHERE A

01:51 - 39.480 YOUNG GIRL ABDUCTED AND RAPED

01:51 - 42.849 AND KILLED BY A SEXUAL OFFENDER

01:51 - 45.059 WHO WAS IN HER NEIGHBORHOOD

01:51 - 46.649 THAT NO ONE KNEW ABOUT. AND

01:51 - 48.239 THESE LAWS REQUIRE SEX

01:51 - 49.959 OFFENDERS TO REGISTER AND

01:51 - 52.189 REPORT TO LAW ENFORCEMENT NEW

01:51 - 54.099 YORK AN ACT OF SUCH A LAW IN

01:51 - 54.170 THE

01:51 - 57.619 MID 90'S. AND MISTER SANTANA

01:51 - 59.539 DULY REGISTERED 100 THE NEW

01:51 - 00.540 YORK LAW.

01:52 - 04.879 IN 2015. MISTER SANTANA MOVED

01:52 - 06.569 TO PENNSYLVANIA WHICH HAD

01:52 - 08.559 PASSED ITS OWN QUOTE MEGAN'S

01:52 - 10.989 LAW IN 2012. NOW YOU MAY HEAR

01:52 - 13.169 THE TERM. SO WE'RE IN A S O R

01:52 - 15.589 N A THAT'S THE TECHNICAL NAME

01:52 - 17.060 OF THE PENNSYLVANIA LAW.

01:52 - 19.249 IT'S SO THAT IS AN ACRONYM

01:52 - 21.450 STANDING FOR SEX OFFENDER,

01:52 - 23.779 REGISTRATION AND NOTIFICATION

01:52 - 26.700 ACT AND ACTUALLY THAT THE 20.

01:52 - 28.259 THIS LAW

01:52 - 30.159 WAS PASSED IN 2012 AND IT WAS

01:52 - 32.080 IN UPDATING A PREVIOUS LAW.

01:52 - 34.390 BUT IN ANY EVENT MISTER SANTANA

01:52 - 37.210 LOOSE TO PENNSYLVANIA IN 2015

01:52 - 39.199 FROM NEW YORK AND HE DULY

01:52 - 40.710 REGISTERS WITH

01:52 - 42.919 THE PENNSYLVANIA LAW

01:52 - 44.709 ENFORCEMENT AS HE IS REQUIRED

01:52 - 47.789 BY THE 2012 ACT. HE PROVIDES

01:52 - 50.570 HIS E-MAIL ADDRESS. HE PROVIDES

01:52 - 52.870 INTERNET. ADDRESSES.

01:52 - 54.949 INFORMATION ABOUT HIS

01:52 - 57.509 EMPLOYMENT. PHONE NUMBERS, ET

01:52 - 58.689 CETERA THAT KIND OF

01:52 - 01.399 INFORMATION. BUT IT TURNS OUT

01:53 - 03.930 MISTER SANTANA DOES NOT UPDATE.

01:53 - 06.669 HIS REGISTRATION HAS HE IS

01:53 - 09.189 REQUIRED TO DO. HE IS ARRESTED

01:53 - 11.259 FOR THAT AND HE PLEADS GUILTY

01:53 - 14.139 IN 2017 TO FAILING

01:53 - 17.169 TO REGISTER. KEEP HIS

01:53 - 18.449 REGISTRATION I SHOULD SAY

01:53 - 20.339 UPDATED AS REQUIRED BY THE

01:53 - 21.760 PENNSYLVANIA STATUTE.

01:53 - 24.169 WHAT HAPPENS IS THE DAY AFTER

01:53 - 25.310 HE PLEADS GUILTY.

01:53 - 27.799 THE PENNSYLVANIA SUPREME COURT

01:53 - 29.409 IN A CASE CALLED COMMONWEALTH

01:53 - 32.309 VERSUS MUNI'S. HANDS DOWN

01:53 - 33.669 A DECISION THAT

01:53 - 35.509 DECLARES THAT THE PENNSYLVANIA

01:53 - 37.090 REGISTRATION ACT.

01:53 - 40.050 FROM 2012,

01:53 - 42.059 ASHLEIGH INCREASES THE

01:53 - 43.060 PUNISHMENT.

01:53 - 45.990 THE UNDERLYING

01:53 - 48.529 CRIME AND THEREFORE IT VIOLATES

01:53 - 50.519 EX POST FACTO IF IT'S

01:53 - 53.229 APPLIED RETROACTIVELY NOW WHAT

01:53 - 54.599 HAPPENS IS. MISTER

01:53 - 56.489 SANTANA BEEN FILES PAPERS WITH

01:53 - 59.059 THE COURT 2 WITHDRAW

01:53 - 01.570 HIS GUILTY. PLEA BASED ON.

01:54 - 03.959 HIS VIEW THAT THIS

01:54 - 06.429 IS BEING THIS ACT IS BEING

01:54 - 07.430 APPLIED TO HIM

01:54 - 10.489 RETROACTIVELY SO HERE'S HOW THE

01:54 - 12.819 ARGUMENTS BREAK DOUBT. MISTER

01:54 - 15.839 SANTANA HE'S ARGUING BEFORE THE

01:54 - 17.549 SUPREME COURT THAT HE'S BEING

01:54 - 19.949 PUNISHED RETROACTIVELY UNDER

01:54 - 21.609 THE PENNSYLVANIA REGISTRATION

01:54 - 24.080 LAW FOR A CRIME HE COMMITTED

01:54 - 25.999 MORE THAN 30 YEARS AGO WAY BACK

01:54 - 27.440 IN 1983.

01:54 - 30.249 WHEREAS THE COMMONWEALTH IS

01:54 - 32.019 ARGUING NO YOU'RE NOT BEING

01:54 - 33.539 PUNISHED FOR THAT ORIGINAL

01:54 - 35.340 CRIME YOU'RE BEING PUNISHED

01:54 - 37.839 4 FAILING TO UPDATE YOUR

01:54 - 39.870 REGISTRATION AS REQUIRED BY THE

01:54 - 41.250 2012 ACT.

01:54 - 43.819 YOU MOVED HERE IN 2015 SO YOU

01:54 - 46.640 HAD NOTICE OF THE 2012 ACT AND

01:54 - 48.960 THEREFORE YOU ARE NOT.

01:54 - 52.150 BEING PUNISHED FOR SOME

01:54 - 54.109 PRYOR ACT OR

01:54 - 55.889 PRIOR LAW. THERE'S AN

01:54 - 57.799 INTERESTING PUBLIC POLICY TWIST

01:54 - 58.800 IN THIS CASE.

01:54 - 01.239 THE COMMONWEALTH, THE ATTORNEY

01:55 - 03.190 WHO YOU'RE HERE ARGUING FIRST,

01:55 - 04.519 THEY HAVE MADE THE POINT IN

01:55 - 06.429 THEIR BRIEFS THAT IF THIS

01:55 - 08.600 ANTENNAS MISTER SANTANA IS

01:55 - 10.479 UNDERSTANDING OF THE ACTIVE HIS

01:55 - 12.429 CONSTRUCTION IS EXCEPTED THEN

01:55 - 13.979 SEXUAL PREDATORS FROM AROUND

01:55 - 15.609 THE COUNTRY COULD COME

01:55 - 17.959 TO PENNSYLVANIA. AND IF THEY

01:55 - 19.579 HAD COMMITTED THEIR CRIME

01:55 - 22.299 BEFORE 2012. THEY WOULDN'T HAVE

01:55 - 24.289 TO REGISTER HERE. THEY WOULD

01:55 - 25.309 HAVE SAFE HAVEN IN

01:55 - 27.530 PENNSYLVANIA. SO YOU HEAR THAT

01:55 - 29.110 LET'S GO TO THE ARGUMENTS.

01:55 - 31.689 RYAN GO AHEAD AND CALL THE NEXT

01:55 - 32.690 CASE.

01:55 - 36.360 DAVID SAID HERE.

01:55 - 42.860 OFF.

01:55 - 43.750 ALL RIGHT IN

01:55 - 44.750 THIS CASE.

01:55 - 46.729 DEFENDANT WAS CONVICTED OF

01:55 - 49.160 RAPE IN NEW YORK IN 1983.

01:55 - 51.959 THEREAFTER NEW YORK

01:55 - 54.039 PASSED ITS VERSION OF A SEXUAL

01:55 - 56.039 OFFENDER REGISTRATION ACT WHICH

01:55 - 57.409 REQUIRED THAT THE CIVIL

01:55 - 58.780 CONSEQUENCE OF THE RATE.

01:55 - 00.669 THAT THE DEFENDANT REGISTER

01:56 - 02.609 IN NEW YORK. PENNSYLVANIA

01:56 - 03.000 PASSED

01:56 - 05.779 ITS VERSION THAT AS A SEXUAL

01:56 - 06.979 OFFENDER REGISTRATION AND

01:56 - 09.429 NOTIFICATION ACT. APPLE BOARD

01:56 - 12.749 DEFENDANT IN 2012, WHICH

01:56 - 14.520 REQUIRED DEFENDANT

01:56 - 16.749 BECAUSE HE WAS REGISTERED IN

01:56 - 18.449 NEW YORK AS A SEX OFFENDER TO

01:56 - 20.229 REGISTER IN PENNSYLVANIA IF HE

01:56 - 20.590 MOVED

01:56 - 22.789 INTO PENNSYLVANIA. DEFENDANT

01:56 - 24.040 MOVED INTO PENNSYLVANIA IN

01:56 - 27.279 2012. WE FAILED TO REGISTER ANY

01:56 - 29.310 WAS CONVICTED OF THE CRIME OF

01:56 - 31.659 FAILING TO REGISTER. HE BRINGS

01:56 - 33.859 THIS APPEAL CONTENDING THAT THE

01:56 - 35.249 VERSION THAT'S OR NOT

01:56 - 36.550 APPLICABLE TO HIM

01:56 - 39.549 IN PENNSYLVANIA. I WAS CRIMINAL

01:56 - 40.670 BY THIS COURT

01:56 - 42.389 AND THEREFORE REQUIRING HIM TO

01:56 - 44.089 REGISTER AND PUNISH THEM FOR

01:56 - 44.530 FAILURE

01:56 - 47.469 TO REGISTER IS EX POST FACTO

01:56 - 48.970 PUNISHMENT ARISING FROM HIS

01:56 - 51.540 1983 RIGHT IS THAT FAIR.

01:56 - 53.639 CHURCH JUST TO GO AHEAD AND

01:56 - 54.770 MAKE YOUR ARGUMENT POLICE.

01:56 - 57.249 IDENTIFY YOURSELF FOR THE

01:56 - 58.250 COURT.

01:56 - 59.830 THE CHIEF JUSTICE.

01:57 - 02.579 GOOD MORNING. IT'S AN HONOR AND

01:57 - 04.589 PRIVILEGE TO BE HERE BEFORE THE

01:57 - 06.629 COURT. MAY IT PLEASE THE

01:57 - 09.009 COURT I'M ERROR ON BEHALF OF

01:57 - 10.339 THE COMMONWEALTH OF HERE ALSO

01:57 - 12.359 WITH MY CO-COUNSEL MICHAEL

01:57 - 16.089 ROCKET CHESKY. TO START OFF.

01:57 - 17.659 WE'RE ASKING THE COURT. THIS

01:57 - 18.790 COURT 2.

01:57 - 20.769 WE REVERSED THE SUPERIOR

01:57 - 22.440 COURT'S DECISION AND OPINION

01:57 - 25.569 THAT VACATED. JUDGMENT

01:57 - 26.570 OF SENTENCE.

01:57 - 27.880 AND THE.

01:57 - 32.120 THE JUDGMENT OF SENTENCE AND

01:57 - 34.749 THE CONVICTION REVERSING THE

01:57 - 35.949 CONVICTION IN THIS CASE AND

01:57 - 39.020 DISCHARGING THE APPLE II OF

01:57 - 40.340 CUSTODY.

01:57 - 48.639 THAT WE BELIEVE THIS PERIOD

01:57 - 50.460 COURT MADE ON BACH IN THIS CASE

01:57 - 51.970 IS.

01:57 - 56.149 THEIR ANALYSIS WHEN IT COMES TO

01:57 - 59.179 THE EX POST FACTO CLAUSE AND I

01:57 - 01.519 KNOW THAT. I ASK

01:58 - 02.759 THIS COURT TO REALLY

01:58 - 04.869 LOOK AT THE HISTORY BEHIND THE

01:58 - 07.009 EX POST FACTO CLAUSE. I KNOW

01:58 - 09.319 THAT COME WILL

01:58 - 11.269 VERSUS MUNIS A JUSTICE

01:58 - 14.150 DAUGHERTY AUTHOR THE.

01:58 - 17.219 DECISION IN THAT CASE AS WELL

01:58 - 19.769 AS JUSTICE WECHT BOTH GO

01:58 - 22.079 THROUGH THE HISTORY OF THE EX

01:58 - 23.879 POST FACTO CLAUSE IN THE POLICY

01:58 - 25.959 CONSIDERATIONS THAT WERE ON THE

01:58 - 27.300 MINDS OF FRAMERS

01:58 - 29.779 WHEN THAT CAUSE WAS

01:58 - 31.459 INCORPORATED TO BOTH OUR

01:58 - 33.690 FEDERAL AND STATE CONSTITUTIONS

01:58 - 36.879 AND I DON'T EITHER JUSTICE PUT

01:58 - 37.720 THAT IN THERE

01:58 - 39.499 FOR FUN. IT'S IMPORTANT I

01:58 - 40.809 BELIEVE TO THIS COURT IT'S

01:58 - 42.140 IMPORTANT TO THE COMMONWEALTH

01:58 - 43.659 AND I THINK WHEN YOU GO BACK TO

01:58 - 44.689 THAT HISTORY AND YOU LOOK AT

01:58 - 46.649 THOSE POLICY CONCERNS. THEY'RE

01:58 - 49.300 NOT HERE. ONE HAS APPLIED.

01:58 - 51.640 THE UP EARLY IN THIS CASE.

01:58 - 55.559 AND WHY IS THAT OUR POSITION

01:58 - 58.289 IS. THE SUPERIOR COURT PUT

01:58 - 59.929 A LOT OH WAIT

01:58 - 02.009 AND ANALYSIS ON THE OUT OF

01:59 - 05.209 STATE CONVICTION. RAPE. IN

01:59 - 07.099 NEW YORK. AND THEY REALLY DID

01:59 - 09.509 NOT LOOK AT. THE

01:59 - 12.599 CALDER FACTORS WHAT I IT IN THE

01:59 - 14.589 PROPER WAY AND THE REASON FOR

01:59 - 17.039 THAT IS WE'RE TALKING ABOUT A

01:59 - 18.170 CRIME THAT WAS COMMITTED.

01:59 - 21.070 AND 200016.

01:59 - 24.440 NOT 1983, NOT IN

01:59 - 26.250 2012. NOT IN

01:59 - 29.409 2015 THE IT. MISTER SANTANA

01:59 - 31.510 MOVED TO PENNSYLVANIA IN 2015.

01:59 - 34.090 THIS PROVISION OF SORT A.

01:59 - 35.500 49.

01:59 - 39.709 4915.1 A OF THE

01:59 - 41.829 CRIMES CODE WAS INACTIVE THIS

01:59 - 43.160 VERSION IN 2012.

01:59 - 46.709 MISTER SANTANA TO MOVE HERE

01:59 - 48.090 UNTIL 2015.

01:59 - 49.839 HE WAS A LIFETIME REGISTER WHEN

01:59 - 51.129 HE CAME HERE WHEN YOU LOOK AT

01:59 - 52.789 THE POLICY CONSIDERATIONS IN

01:59 - 54.469 CALDER YOU'RE TALKING ABOUT

01:59 - 56.169 SOMEONE WHO HAS TO HAVE FAIR

01:59 - 58.169 NOTICE. HE'S HAD FAIR NOTICE

01:59 - 59.989 FOR DECADES AND HE'S COMPLIED

01:59 - 01.469 WITH FAT AND STATE OF NEW YORK

02:00 - 02.470 SUNY SIR.

02:00 - 05.430 MOONEY'S INTERVENED OF COURSE

02:00 - 07.139 AND AND SO HE COMES FROM A

02:00 - 09.479 JURISDICTION WHERE THEIR

02:00 - 10.860 VERSION OF STUART HAS BEEN.

02:00 - 13.110 WELL JUDY KATE IS NOT PUNITIVE.

02:00 - 16.769 TO A JURISDICTION WHERE IT'S

02:00 - 20.170 IT IS PUTIN IT IS PUNITIVE SO.

02:00 - 24.399 HOW CAN YOU SAY THAT THIS IS

02:00 - 26.359 NOT AN INCREASE IN PUNISHMENT

02:00 - 27.710 FOR EX POST FACTO.

02:00 - 29.930 PURPOSES I DON'T FALL OF

02:00 - 33.109 SO TO ANSWER THAT QUESTION

02:00 - 34.949 WHEN YOU LOOK AT HOW IT APPLIES

02:00 - 36.669 TO MISTER SANTANA AND THIS

02:00 - 39.039 CASE. YOU HAVE TO LOOK AT

02:00 - 40.920 FAIR NOTICE. I THINK IN

02:00 - 42.380 2012 WE'RE TALKING ABOUT

02:00 - 44.309 STATUTE, A LAW THAT WAS ENACTED

02:00 - 45.310 IN 2012.

02:00 - 49.230 HE CAME HERE 2015

02:00 - 51.949 THAT NOTICE. IT'S THE CASE IS

02:00 - 53.519 ALSO DISTINGUISHABLE FROM

02:00 - 56.069 BRENDA APPELLANT IMMUNE AS AS

02:00 - 58.199 WELL. WE'RE TALKING ABOUT

02:00 - 01.479 SOMEONE WHO. THE LAW IN NEW

02:01 - 02.480 YORK.

02:01 - 05.319 ISN'T THAT MUCH DIFFERENT THAN

02:01 - 06.320 THE THE

02:01 - 07.940 REQUIREMENTS HERE IN

02:01 - 09.129 PENNSYLVANIA, ESPECIALLY AT THE

02:01 - 10.709 TIME IN 2012, I KNOW THEY'VE

02:01 - 12.779 CHANGED SINCE THEN BUT WORK AND

02:01 - 14.409 I THINK HERE'S ANOTHER POINT I

02:01 - 16.249 THINK'S IMPORTANT. THE CRIME

02:01 - 17.759 THAT HE COMMITTED. HE WAS

02:01 - 19.230 COMMITTING FOR OVER A YEAR.

02:01 - 21.550 IT WASN'T BETWEEN THE 3 DAY

02:01 - 23.589 REQUIREMENTS THAT WAS THE

02:01 - 24.839 DIFFERENCE BETWEEN NEW YORK AND

02:01 - 26.299 PENNSYLVANIA. BUT HE'S GOING

02:01 - 28.279 FROM JUST THE FALLOUT. HE'S

02:01 - 29.540 GOING FROM A PLACE

02:01 - 32.309 WHERE HE IS NOT BEING PUNISHED

02:01 - 33.780 WITHIN THE MEANING OF THE LAW

02:01 - 35.359 TO A PLACE WHERE WITHIN THE

02:01 - 36.679 MEANING OF THE LAW HE'S

02:01 - 38.769 BEING PUNISHED. HOW IS THAT NOT

02:01 - 40.089 AN INCREASE IN PUNISHMENT HE

02:01 - 41.379 WASN'T BEING PUNISHED WHEN HE

02:01 - 43.239 MOVED HERE IN NEW YORK HE HAD A

02:01 - 44.639 REGISTER. WE HAVE TO PROVIDE

02:01 - 46.399 UPDATED INFORMATION AT ALL

02:01 - 49.259 TIMES SINCE EARLY 2020 WAS

02:01 - 50.320 RELEASED FROM CUSTODY.

02:01 - 52.449 WHEN HE MOVED TO PENNSYLVANIA,

02:01 - 54.209 THE ONLY DIFFERENCE WAS A 7 DAY

02:01 - 55.050 TIME PERIOD

02:01 - 56.309 WHEN HE HAD TO UPDATE THAT

02:01 - 57.609 INFORMATION AND THE APPELLANT

02:01 - 59.400 WAS IN CHARGE OR SHE ISN'T IT.

02:01 - 00.939 MISTER SANTANA WAS IN CHARGE IN

02:02 - 02.399 THIS CASE. ALMOST A YEAR

02:02 - 04.219 AFTER THAT FOR A WHOLE YEAR HE

02:02 - 05.329 WAS IN UPDATING AND WE'RE NOT

02:02 - 06.110 TALKING ABOUT SOMEONE WHO

02:02 - 08.049 WAITED 6 DAYS TO GIVE SAY HEY

02:02 - 09.859 I GOT A FACEBOOK ACCOUNT HI TO

02:02 - 11.429 MY NAME ON OR GOT A

02:02 - 13.309 NEW JOB HERE WHICH IS WHAT THE

02:02 - 14.760 POLL WAS DOING THIS CARE.

02:02 - 16.379 MISTER SANTANA WAS DOING IN

02:02 - 17.979 THIS CASE AND HE ALSO WAS AN

02:02 - 18.510 UPDATE HIS

02:02 - 20.049 PHONE NUMBERS. NOW IS SOMETHING

02:02 - 21.249 HE HAD TO DO BOTH IN NEW YORK

02:02 - 23.200 AND WELL I QUESTION.

02:02 - 26.489 FOLLOW MY THEORY IF I

02:02 - 27.820 UNDERSTAND YOUR THEORY.

02:02 - 30.589 HE COMMITS AN OFFENSE IN NEW

02:02 - 33.849 YORK. WE HAVE TO REGISTER THEIR

02:02 - 35.940 CORE TEAM THAT NOT PUNISHMENT.

02:02 - 39.609 WE'RE SO INTO NEW YORK'S OR

02:02 - 41.639 REGISTRATION HE HAS TO NOTIFY

02:02 - 42.570 THEM THAT THE LEAF OUT

02:02 - 43.889 OF STATE BECOMES THE

02:02 - 45.579 PENNSYLVANIA. HE NOTIFIES THEM

02:02 - 46.650 OF THIS INFORMATION.

02:02 - 49.850 REGULATIONS

02:02 - 51.609 ARE FLORIDA AND

02:02 - 54.119 HIS SORE. THE REQUIREMENT OR

02:02 - 55.419 NOT TO KONY AND THEY'RE PRETTY

02:02 - 57.119 MUCH ANALOGOUS TO EACH OTHER

02:02 - 59.219 CORRECT, CORRECT. HE REGISTERS

02:02 - 01.599 IN PENNSYLVANIA. FOR FAILING

02:03 - 03.510 TO COMMENT WE'RE NO BETTER TIME

02:03 - 04.900 CORRECT.

02:03 - 08.829 FOLLOWING THE THEORY THAT YOU

02:03 - 09.800 MUST REGISTER

02:03 - 11.909 IN PENNSYLVANIA. AND THAT'S NOT

02:03 - 13.539 A VIOLATION IMMUNIZE IN ANY

02:03 - 14.809 SHAPE OR FORM THE QUESTION OR

02:03 - 16.150 CONCERN THAT I HAVE IS

02:03 - 18.039 IN PENNSYLVANIA. WE NOW

02:03 - 21.219 PROSECUTING HIM FOR FAILING TO

02:03 - 22.220 REGISTER.

02:03 - 24.970 SO SHARE WITH ME

02:03 - 26.989 NOW THAT AS JUSTICE WEX THAT

02:03 - 28.589 SEEMS TO BE THE PUNITIVE

02:03 - 29.590 ELEMENT.

02:03 - 31.890 IS

02:03 - 33.839 YOUR POSITION LOOK THEY CAKE

02:03 - 36.009 THE CONVICTION BUT REQUIRE HIM

02:03 - 38.229 TO REGISTER BASED UPON THE

02:03 - 40.459 REQUIREMENTS OF WERE OUT IN NEW

02:03 - 42.479 YORK AND PENNSYLVANIA'S

02:03 - 43.810 REGISTRATION STACK IT

02:03 - 44.910 RECIPROCITY.

02:03 - 48.959 THE CRIME WASN'T COMMITTED

02:03 - 51.909 UNTIL HE. I LOST YOU

02:03 - 53.299 IN THAT JUST LOOK AT THE

02:03 - 54.999 FIRST IF YOU CAN REPEAT THE 1ST

02:03 - 56.639 HALF OF OF YOUR YOUR QUESTION

02:03 - 57.230 AGAIN I THINK

02:03 - 58.230 THE ANSWER.

02:03 - 00.569 FOLLOWING THE THEORY AT LEAST

02:04 - 02.699 BASED UPON YOUR ARGUMENT AND

02:04 - 04.459 YOUR BRIEF THAT THE

02:04 - 06.010 REGISTRATION IN PENNSYLVANIA.

02:04 - 08.439 THAT'S NOT EX POST FACTO THE

02:04 - 10.559 CONCERN IS THE CONVICTION FOR

02:04 - 11.560 ME.

02:04 - 13.739 THE WAY I SEE IT YOU'RE

02:04 - 16.259 SAYING THAT THE CONVICTION THE

02:04 - 18.299 PROSECUTION AND CONVICTION FOR

02:04 - 19.969 FAILING TO REGISTER IN

02:04 - 21.040 PENNSYLVANIA.

02:04 - 24.479 DOES NOT CREATE ANY ENHANCEMENT

02:04 - 26.299 OF PUNISHMENT ON HIM WHICH I

02:04 - 26.580 KIND

02:04 - 28.209 OF DIFFER WITH YOU OK HE'S

02:04 - 30.049 INCARCERATED AS A RESULT, WHY

02:04 - 31.309 THERE'S A DISTINCTION THAT THE

02:04 - 33.089 TITLE OF THE OFFENSES IS CALLED

02:04 - 34.150 FAILURE TO REGISTER.

02:04 - 35.759 HE DID REGISTER. HE JUST

02:04 - 37.059 DIDN'T PROVIDE UPDATED

02:04 - 38.580 INFORMATION AS TIME WENT ON.

02:04 - 40.359 SO THAT'S WHERE THE CRIME WAS

02:04 - 41.459 COMMITTED EATING COME THE

02:04 - 43.399 PENNSYLVANIA IN 2015 SAY YOU

02:04 - 45.049 KNOW WHAT I'M NOT GOING TO

02:04 - 46.639 REGISTER HERE HE DID REGISTRY