Q (David Fine). In 1991 did you have occasion to represent a man named Joe Zamora in a land use case? |
| A (Judge Gannett). I did. |
| Q. Can you tell the Board about that case? |
| A. Joe Zamora was a contractor, an excavator who had a home in Garfield County very close to the border of Eagle County. He had received a citation from an enforcement officer for Garfield County alleging a violation of heavy equipment. He was due to appear in court, and the matter had been set. At the same time a number of other defendants facing either the same or similar charges had also been set. Joe Zamora engaged me to represent his interests in that allegation, and I appeared with him at the Garfield County Courthouse to answer the charge of violation of a heavy equipment, I think state statute, not a county ordinance. |
| Q. Was Mr. Vezzoso one of the other excavators? |
| A. Mr. Vezzoso was one of the excavators. And when I looked at some of the materials provided to me from that 1991, February 1991 date, I noted that in the Register of Actions Judge Zerbi had indicated that I had entered my appearance on behalf of Mr. vezzoso, and that at least from the county court's perspective I was also his lawyer. I don't recall the facts exactly that way, but have noticed that in the Register of Actions. |
| Q. Now, can you turn to Exhibit 29 in the county's book. That's the white notebook. |
| A. Alright, done. |
| Q. If you look on the upper left-hand corner, there is a line that says Defendant's Attorney, and it says Gannett. Is that where it indicated to you that at least the county court thought you were representing Mr. Vezzoso as well that day? |
| A. Correct. |
| Q. And this was -- so Mr. Vezzoso was in court with Mr. Zamora or at the same time as Mr. Zamora? |
| A. He was. There were at least three, if not four, defendants all facing similar charges levied by the County Enforcement Agency, and I think they had been deliberately set on that same date. |
| Q. What happened in court that day? |
| A. Judge Zerbi knew that I was there on behalf of at least Joe Zamora and asked if -- I believe I was was meeting with a county attorney at that time. We had asked for some time to stop out in the hallway to see if that matter could be resolved somewhat short of a trial. Judge Zerbi asked me if I would mind if other of the defendants accompanied us into the hall so that they would have the benefit of at least overhearing the conversation between myself, the county attorney, my client, and I don't recall at the time whether there was a zoning enforcement officer, but I imagine there would or could have been. |
| Q. And did you step into the hall with the county attorney and possibly other county representatives? |
| A. We did. |
| ... |
| Q. Was -- can you -- was an agreement reached between Mr. Zamora and the excavators and the county with regard to the question of storage of equipment on their properties? |
| A. There was. Essentially the allegation was that Mr. Zamora was storing a number of pieces of construction equipment on his parcel. Mr. Zamora owned a 5-acre parcel just west of the Eagle/Garfield border. |
| ... |
| Q. And did that agreement in terms and condition include the -- Mr. Vezzoso being allowed to keep a certain number of pieces of equipment on his property? |
| A. I have no specific memory of the exact number of pieces of equipment or the size of Mr. Vezzoso's property, but I do recall that there were other defendants who either fell into the category of Mr. Zamora or who did not. And that Mr. Vezzoso, my memory tells me, fell into the category of Mr. Zamora and was there then offered a similar deal by the county prosecutor. |
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