Martiallaw 911

Description :
pages 44 - 74

Full Text :
1 theme that we'll see, that many people that he

2 encountered consider him a physical threat.

3 ERIC SHINE: Your Honor, object, because

4 there's also a formal complaint that was filed with the

5 F.B.I. prior to that.

6 HON. PARLEN L. McKENNA: Duly noted.

7 LT. HILL: Okay. Mr. Shine's attorney

8 mentioned Dr. Kulik. The only reason I'm going to

9 bring up Dr. Kulik is because, in his case against ASM,

10 that was the person that gave him the psych -- he

11 participated in a psychiatric exam then in support of

12 his claim for emotional and mental distress against

13 ASM; so he went to a third party, Dr. Kulik, same

14 situation that we're asking to be done in this case.

15 And because that's -- like I said, this is not

16 a physician/patient privilege simply because he went to

17 her as a -- so we're not bringing in her medical

18 records. We're just bringing in a letter that she

19 wrote to the attorney for ASM, stating that he's

20 suffering very moderate to severe emotional disability,

21 paranoid trends, emotionally explosive personality and

22 some side of paranoid state.

23 I have here an e-mail sent by Mr. Shine to Lt.

24 Tribolet and several others. This one is dated

25 May 7, 2003; so just four months ago.

44

1 ERIC SHINE: What ship was that?

2 LT. HILL: And it says, "Mickey Mouse. You

3 got it, Mickey. Thanks for the gum ball, Mickey. My

4 water was turned off."

5 And then he talked about that for a minute.

6 And then he mentions, "I'm out of water, money, gas and

7 vomit and blood from another bloody nose, which I

8 cannot wash off, because of being afraid to even go

9 over and ask my neighbors for help because I look so

10 scary right now."

11 Then the next line further down, "Ha, ha, ha,

12 ha, ha, ha, ha," in big capital letters across the

13 bottom of the e-mail. "The ship is still broken. The

14 ship is still broken, yadda, yadda," et cetera,

15 et cetera. I mean, it's just a bizarre e-mail. That's

16 just something else that indicates his mental state.

17 A crewman on one of the vessels, a

18 Mr. "Badillo," will state, at one point, he overheard

19 Mr. Shine saying something to the effect that, "If the

20 courts and unions can't settle the matter, that's what

21 guns are for."

22 ERIC SHINE: Excuse me?

23 LT. HILL: Mr. --

24 ERIC SHINE: I object. I've never said that,

25 and that's like ridiculous for them -- it's hearsay and

45

1 everything else.

2 LT. HILL: And that's not the first person

3 that said that, your Honor. I have another person that

4 said the exact same thing in --

5 ERIC SHINE: Where is that person? Where is

6 an affidavit or deposition?

7 LT. HILL: Mr. Vincent will state, another

8 crewman of Mr. Shine's on board one of the vessels,

9 that "Shine has emotional problems and should be

10 evaluated before going to sea with other people."

11 ERIC SHINE: Unlicensed.

12 LT. HILL: He said he did not feel safe with

13 Mr. Shine on board. Shine could be a danger at sea.

14 And that's why he would not sign on board another ship

15 if Shine was on that vessel.

16 Let's see. And part of our history that also

17 causes the Coast Guard to become concerned about his

18 mental condition is that, basically, every ship that

19 Mr. Shine has been on, he's been fired from.

20 ERIC SHINE: That's untrue, your Honor.

21 Object; hearsay and evidentiary rules.

22 LT. HILL: Can he make one objection at the

23 end, your Honor, to everything?

24 ERIC SHINE: I'd like to be very clear.

25 LT. HILL: Let's see. In October -- okay. In

46

1 October 2001, Shine sued Matson Navigation and

2 alleged --

3 HON. PARLEN L. McKENNA: It's Mr. Shine.

4 LT. HILL: Mr. Shine.

5 ERIC SHINE: Thank you.

6 LT. HILL: Sued Matson Navigation and alleged

7 severe emotional distress on five different counts.

8 Let's see. In December 2001, he received a

9 letter of warning to cease making false and fraudulent

10 entries on his overtime sheet.

11 ERIC SHINE: Object.

12 LT. HILL: In January 2002, Chief -- Richard

13 English, Mr. English, will testify that he never

14 witnessed a more disruptive crew member to the smooth

15 running and harmony of a vessel. He will state that

16 Mr. Shine admitted going into his private chief mate

17 drawer and opened a pack of playing cards --

18 ERIC SHINE: Object.

19 LT. HILL: -- with naked women pictures on

20 them.

21 He also -- I mentioned earlier that he sued

22 Matson.

23 In October 2001, he sued ASM, American Ships

24 Management, also claiming severe emotional distress.

25 The chief engineer, I believe it was on the

47

1 JACKSON, said that Mr. Shine told him -- he accused the

2 chief engineer of buying prostitutes for cadets.

3 ERIC SHINE: Object.

4 LT. HILL: Mr. "Sodden," another crew member

5 on board one of the ships with Mr. Shine, stated that

6 Mr. Shine told him that he would get even with people

7 by making trouble for them in their personal and

8 professional lives.

9 ERIC SHINE: Object; hearsay again.

10 It's irrelevant.

11 LT. HILL: Hearsay is fully admissible in

12 these proceedings.

13 ERIC SHINE: Well, no. It's supposed to be

14 supported.

15 HON. PARLEN L. McKENNA: Mr. Shine --

16 LT. HILL: Mr. --

17 HON. PARLEN L. McKENNA: -- your attorney will

18 have an to opportunity to make a statement.

19 ERIC SHINE: I'm sorry, your Honor. It's just

20 that, you know --

21 HON. PARLEN L. McKENNA: I understand.

22 ERIC SHINE: -- my name is being smeared

23 without even my ability to face my accusers, and --

24 HON. PARLEN L. McKENNA: That's not the

25 purpose of being here today.

48

1 LT. HILL: This is proffer.

2 ERIC SHINE: It's being made a matter of

3 the record, your Honor.

4 HON. PARLEN L. McKENNA: It's a proffer.

5 LT. HILL: It's a proffer.

6 ERIC SHINE: Well --

7 LT. HILL: Allen "Hofstettler" will state that

8 Shine frequently showed aggressive behavior on board

9 the ship. That is also a continuing theme on many of

10 the vessels he's been on, a showing of aggressive

11 behavior. Mr. Shine always responded with an

12 argumentative and confrontational response whenever he

13 was given direction.

14 Mr. Hofstettler will also state, that based on
15 this aggressive behavior shown by Mr. Shine, he feared

16 for the safety of his being; again, another person

17 stating physical fear of their safety of their being

18 for Mr. Shine.

19 ERIC SHINE: Your Honor, these are all after

20 the lawsuit was already filed in Federal Court. All

21 these incidences are subsequent to that, and they're

22 made moot by numerous statutes. I can't even believe

23 it's being allowed to be entered into the record.

24 Whether it's proffer or not, he's smearing my good name

25 using his -- under the color of authority to do it for

49

1 the employers and the union.

2 HON. PARLEN L. McKENNA: All right. Thank

3 you.

4 LT. HILL: All right. I'll continue, your

5 Honor.

6 When he was discharged in January of 2002, the

7 captain wrote that "Shine has been insubordinate in

8 intimidating crew and officers of the vessel, and that

9 Shine always exhibited confrontational, unprofessional

10 and aggressive behavior."

11 Let's see. Mr. Shine -- when I mentioned

12 those letters -- the statements from Mr. Sodden and

13 Mr. Hofstettler and others, stating their opinion of

14 Mr. Shine, Mr. Shine stated in a later proceeding, I'm

15 not exactly sure, I don't have the notes, that all

16 those letters were fabricated and false and made up.

17 That's another continuing theme of Mr. Shine's

18 behavior, is that he can never accept fault for

19 anything wrong he has done.

20 ERIC SHINE: Prove it.

21 LT. HILL: He's incapable of accepting fault

22 for any --

23 ERIC SHINE: It's slander and libel.

24 LT. HILL: He has also submitted many claims

25 against the operators of the vessel that were later

50

1 proved to be false.

2 ERIC SHINE: They've not been proven false,

3 your Honor. They've not gone into the LPB as

4 statutorily and contractually required, your Honor.

5 And that's part of the issue that I'm bringing up, is

6 whistle-blower, retaliation for what's going on in the

7 union. There's a long history in my union of labor

8 racketeering. There's people that have gone to jail.

9 I'm not making this up. It's very clear. My attorney

10 has seen the records on it and can present those. And

11 I believe some of them are here in court today.

12 I apologize for interjecting; but again, this

13 should not be allowed to continue. I object strongly

14 for this to even being read into the record and

15 proffered, because it's a huge violation of my person.

16 I just -- I can't even believe that the court is

17 allowing this to continue. Whether it's stricken

18 through a motion from my attorney, hopefully -- I'm

19 sorry.

20 Under LMRDA, I have to speak out, that this

21 proceeding should not continue, that at some point, the

22 issue of whistle-blower, of LPB, the larger picture

23 that's going on that the Coast Guard is willingly

24 participating in -- I'm not a conspiracy freak. All

25 you have to do is look at the history in my union as to

51

1 what's gone on. Gene "Defrieze" went to jail, labor

2 racketeering. Right now, there's a case in Florida,

3 U.S. Attorney's Office, grand jury indictments.

4 They're moving money from the training plan to the

5 medical plan, which they're not supposed to do, which

6 is a Federal trust.

7 They're trying to stifle me because I know all

8 this, realize all this, have been forced to learn my

9 rights to protect myself and have tried to invoke them

10 and even tried to get the Coast Guard involved to

11 address the labor issues as an issue of safety; and

12 instead, they're retaliating against me for blowing the

13 whistle.

14 And I object strongly, and I will stifle

15 myself after this and defer to my counsel; but I need

16 to make a very strong voice on the record to that

17 effect.

18 HON. PARLEN L. McKENNA: And I'm allowing you

19 to, Mr. Shine.

20 ERIC SHINE: Thank you, your Honor.

21 HON. PARLEN L. McKENNA: I think it's

22 important for any appellate body to hear just what you

23 had to say in this proceeding.

24 LT. HILL: In further evidence of the Coast

25 Guard's becoming concerned about Mr. Shine's mental

52

1 incapacity, we discovered that he filed a claim with

2 the State of California and was awarded a disability

3 for a psychological disorder.

4 ERIC SHINE: Object, again, your Honor.

5 HON. PARLEN L. McKENNA: Duly noted.

6 LT. HILL: We don't know if that has

7 continued, but he was given a psychological disorder by

8 the State of California.

9 In a letter to the Coast Guard in January of

10 2000, shortly after he left the JACKSON, at the bottom

11 of the letter, he wrote, "Just remember, keep in mind

12 what a bunch of people did to a guy named Jesus. What

13 was -- what were his crimes?"

14 In --

15 ERIC SHINE: Which was a reference to human

16 nature, your Honor. I hate to have to even --

17 LT. HILL: In September --

18 ERIC SHINE: -- respond.

19 HON. PARLEN L. McKENNA: Wait a second. Let

20 Mr. Shine --

21 LT. HILL: Oh, I'm sorry, your Honor.

22 ERIC SHINE: And I hate to have to respond in

23 the moment, because Mr. Forgie, granted his expertise

24 and knowledge and wisdom and everything else, doesn't

25 know the incident -- or the instant facts that are

53

1 being brought in each line item that he has. And as to

2 relevance, irrelevance, you know, circumstances

3 revolving around it, the time line history, Mr. Forgie

4 has not had the opportunity, in the several months he's

5 been on it, to get a good picture of what's going on.

6 But I think it is becoming much more clear

7 that there is whistle-blowing and retaliation and

8 involvement of the Coast Guard in the labor

9 racketeering, the False Claims Act and other issues

10 that are core to what is going on.

11 HON. PARLEN L. McKENNA: We'll break for lunch. We'll

12 come back at 1:00.

13 ERIC SHINE: Thank you, your Honor.

14 (Lunch recess taken at 12:10 p.m.)

15 (Lt. Hopper left and was absent for

16 the remainder of the proceedings.)

17

18 * * *

19

20

21

22

23

24

25

54

1 TUESDAY, AUGUST 26, 2003, SAN DIEGO, CALIFORNIA

2 AFTERNOON SESSION

3 VOLUME I

4 1:00 P.M.

5 * * *

6

7 HON. PARLEN L. McKENNA: Back on the record.

8 Proceed, Lieutenant.

9 LT. HILL: Thank you, your Honor.

10 Just one thing I want to mention further

11 about -- from Dr. Kulik, just one other specific

12 statement.

13 Again, she was the psychiatrist hired by ASM,

14 of which he underwent an exam in support of his

15 emotional distress claim, that -- at the end of her

16 note, she said, "Although Mr. Shine did not make any

17 specific threats during this interview, it should be

18 kept in mind that he sees himself in being desperate

19 straits at present. A major setback could result in

20 some erratic behavior."

21 It's from when he was let go from the

22 "MORMISON." I won't --

23 ERIC SHINE: "MORMAXIN."

24 LT. HILL: Among other things, in his letter,

25 I'm not exactly sure, he claimed that it was a practice

55

1 on board the vessel to use noise as a weapon of

2 intimidation against him to deprive him of his sleep.

3 He claimed that the chief engineer on the JACKSON was

4 playing with the alarms so they would ring during his

5 rest periods.

6 Again, just MEBA had some records from the

7 State of California, telling him of the receipt of

8 disability payments for his psychiatric disability.

9 In May of 2002, Mr. Shine created a

10 disturbance at the entrance to the Coast Guard base at

11 San Pedro when he refused to show an ID and demanded to

12 speak to the OCMI.

13 In an e-mail that he sent afterward, he said

14 he was not threatening, did not raise his voice.

15 However, four other witnesses will state he was

16 hostile, he was loud, his mannerisms were threatening.

17 He eventually was escorted away after a meeting by an

18 armed guard.

19 In a letter e-mail to Tim Farley, Coast Guard

20 headquarters, he said, "Help me resolve these matters

21 ASAP, or you will determine my next action, not I. The

22 gross dysfunction is affecting me deeply in helping to

23 guarantee my destruction."

24 And he is -- in letters -- in that same e-mail

25 to Mr. Farley, he mentioned that -- he said he wants to

56

1 have a hearing before the commandant, but a hearing

2 before Congress or a subcommittee would probably be

3 more appropriate.

4 HON. PARLEN L. McKENNA: Did you say

5 "commandant"?

6 LT. HILL: Commandant, yes.

7 ERIC SHINE: I wrote letters to the

8 commandant.

9 LT. HILL: And then he said "A hearing before

10 Congress on my issues would probably be more

11 appropriate."

12 In a phone call to MEBA in June of 2003, which

13 is logged by the operator, Mr. Shine claimed that his

14 psychological condition was caused by the company.

15 ERIC SHINE: Attorney/client privilege. It's

16 my representation to the union.

17 LT. HILL: This is logged. This is to the

18 operator, the phone operator, at MEBA, not the

19 attorney.

20 He stated that -- to this operator, he stated

21 he has posttrauma stress syndrome and is unable to work

22 because of his condition.

23 Another instance, Mr. Gleason, attorney from

24 MEBA, wrote a letter to Shine's attorney, Mr. Haney,

25 stating that Shine had left him another voice mail with

57

1 threatening and extortionate comments on it.

2 Mr. Gleason stated a little bit further that these

3 haranguing voice mails were so much that they filled up

4 all the memory on his voice mail system.

5 ERIC SHINE: Your Honor, I object, again

6 strongly, even for this to continue, more so they're

7 bringing in all stuff that's been provided to them by

8 the union and employers, not even -- and I don't even

9 know where a subpoena is showing how this has been

10 obtained. It's all directly related to the U.S.

11 District Court cases. The Coast Guard is involving

12 themselves. The union and employers are using the

13 Coast Guard, whether erringly or voluntarily, to

14 participate in what's going on.

15 And it's clear that a lot of the individuals

16 that the Coast Guard cites in here are permanent

17 employees of ASM or Matson or other players or the

18 union. There's issues of client/attorney privilege.
19 Like even Mr. Gleason, I pay my dues and fees for

20 representation from the union. They denied that from

21 through these entire processes. They're actually using

22 the union's attorneys in concert with the employers --

23 in Federal District Court, the judge even said himself,

24 "Something is not right here."

25 And he wasn't talking about my mental

58

1 competence. He was talking about the fact that the

2 union's counsel was sitting with the employer's counsel

3 side by side, and that they got up -- the union's

4 counsel, Jonathan "Axleride," got up in those hearings

5 and defended the employers, rather than the employee.

6 LT. HILL: In reference to that, Mr. Gleason

7 in that letter clearly states that there is no

8 attorney/client relationship between him and Mr. Shine.

9 Later, Mr. Shine filed the disability claim

10 with MEBA requesting diagnosis, eval and individual

11 psychotherapy with Dr. Riddle, the doctor that I

12 mentioned earlier where Mr. Shine released all records

13 concerning him.

14 ERIC SHINE: And again, all this is covered

15 under Federal Employees Liability Act, because I am

16 considered a Federal employee; that -- and even all

17 this information that they're trying to introduce is

18 privileged, not under just the issues we've raised, but

19 also under FELA, there's specific regulations under

20 FELA that prohibit such activity against -- retaliation

21 against a Federal employee. And that's what's going
22 on. This is retaliation.

23 HON. PARLEN L. McKENNA: All right.

24 LT. HILL: On that claim form that he filed

25 with MEBA, Mr. Shine stated that Dr. Riddle diagnosed

59

1 him with major depression, and that Dr. Riddle stated

2 that Shine had been mentally disabled since April 2001,

3 and guessed that he would not be able to work again

4 until June 2003. That was his guess.

5 ERIC SHINE: And the union, in violation of

6 FELA, has cut off my medical benefits, and so have the

7 employees, trying to make the situation worse, in

8 addition to invoking the right of the Coast Guard,

9 which they've done for years.

10 I have evidence from even 1995, where the

11 employers and the union used the Coast Guard as a stop

12 gap so that you, an administrative law judge, or the

13 Coast Guard, will issue some type of a warning, some

14 type of a letter, some type of a ruling so that they

15 don't have to proceed to the licensed personnel board

16 and use it as justification, say "No, you did something

17 wrong. Oh, we don't have to arbitrate."

18 And the union is doing it to save money; so

19 are the employers. But they're also using it as a

20 political tool to drive people out of the union. I ran

21 for office against a lot of these people that are in

22 the union. This is obviously an LMRDA case. This

23 should not be before this court.

24 And again, the issue of labor racketeering,

25 False Claims Act, because the licensed personnel board

60

1 is a performance item on federal contracts, federal

2 subsidized vessels, government vessels, et cetera,

3 et cetera, that again, the Coast Guard, under 46 USC

4 entitled "Shipping," does have jurisdiction over. They

5 even have jurisdiction over the Jones Act, which is the

6 Merchant Marine Act of 1936. It's 46 USC 688.

7 And they're doing nothing about it. They've

8 cut off my medical benefits, denying me the care that I

9 need to withstand prosecuting the cases in the U.S.

10 District Court and have actually injected themselves,

11 and they're trying -- you can even hear in a lot of

12 their arguments, that, "Oh, Mr. Shine's losing

13 arguments in U.S. District Court."

14 HON. PARLEN L. McKENNA: Mr. Shine, what care

15 are you talking about that you need?

16 ERIC SHINE: Sorry?

17 HON. PARLEN L. McKENNA: What care are you

18 talking about that you need?

19 ERIC SHINE: Whatever that they're bringing up

20 here in this proceeding.

21 HON. PARLEN L. McKENNA: Oh, the psychiatric

22 care?

23 ERIC SHINE: Whatever. I don't know. It

24 hasn't even been determined, even if you look at all

25 these records.

61

1 HON. PARLEN L. McKENNA: Wait a second. You

2 said you're being denied care.

3 ERIC SHINE: No.

4 HON. PARLEN L. McKENNA: What care are you

5 talking about?

6 ERIC SHINE: Under the contracts, which again,

7 is 688 -- 46 USC 688, it goes to Jones Act, which is

8 the Merchant Marine Act of 1936, which goes to

9 maintenance and cure.

10 HON. PARLEN L. McKENNA: That's under U.S.

11 District Court action.

12 ERIC SHINE: They still have jurisdiction and

13 authority over it. It's under shipping. It's under 46

14 USC.

15 HON. PARLEN L. McKENNA: Jones Act cases are

16 under the province of the U.S. District Court judge.

17 ERIC SHINE: Right. And that's one of the

18 issues --

19 HON. PARLEN L. McKENNA: Longshore harbor

20 workers are under the United States Department of Labor

21 administrative law judges.

22 ERIC SHINE: Well, actually, I have stuff that

23 will show that even an administrative law judge can

24 rule on; but barring that -- barring that, again, the

25 issue of continuing or necessary maintenance and cure

62

1 is an issue for U.S. District Court.

2 HON. PARLEN L. McKENNA: That's the Jones Act.

3 ERIC SHINE: Yes, your Honor.

4 HON. PARLEN L. McKENNA: I understand.

5 ERIC SHINE: But they're imposing themselves.

6 They're even bringing the medical records and all this,

7 in violation of I don't know how many various statutes,

8 try to say -- I've already said I will not use my Coast

9 Guard license until these proceedings are stayed. I

10 don't understand why we're here right now, because the

11 conference was to be a settlement conference, not, in

12 my understanding, a prima facie showing. The two

13 orders --

14 HON. PARLEN L. McKENNA: The settlement

15 conference ended when you --

16 ERIC SHINE: When I said I wanted to be on the

17 record?

18 HON. PARLEN L. McKENNA: When you said you

19 wanted it on the record and that you did not understand

20 why things were being handled that way; so --

21 ERIC SHINE: But again --

22 HON. PARLEN L. McKENNA: -- now we move to

23 Phase II.

24 ERIC SHINE: No. Again, so you're denying me

25 the right to a settlement conference because I wanted

63

1 it on the record. Am I wrong?

2 HON. PARLEN L. McKENNA: You are wrong.

3 ERIC SHINE: So then why are we not --

4 HON. PARLEN L. McKENNA: You said you wanted

5 to stop.

6 ERIC SHINE: I wanted it on the record. I

7 said if you're not going -- if they don't want to

8 participate in ADR, which is one thing that they did

9 say, after we show our prima facie showing, we'll talk

10 about ADR. So they're open to it.

11 HON. PARLEN L. McKENNA: That is not my

12 understanding.

13 ERIC SHINE: That's what he stated inside

14 there, your Honor, which again, was off the record; but

15 tell me --

16 LT. HILL: I said I'd be happy to meet with

17 you after this is over.

18 ERIC SHINE: About ADR.

19 LT. HILL: No.

20 ERIC SHINE: Yes, you did. We were talking

21 specifically about ADR.

22 HON. PARLEN L. McKENNA: That is what he was

23 saying.

24 LT. HILL: That's not what --

25 ERIC SHINE: Well, what I understood, in the

64

1 context of the conversation --

2 HON. PARLEN L. McKENNA: All right, Mr. Shine,

3 you need to cease and desist at this time.
4 ERIC SHINE: But again --

5 HON. PARLEN L. McKENNA: You need to allow

6 them to finish, and then your attorney will have an

7 opportunity to make a statement. I will make a

8 decision as to whether I want to reconsider my orders

9 requiring an independent medical exam.

10 ERIC SHINE: So that's what this settlement

11 conference is for, then?

12 HON. PARLEN L. McKENNA: No.

13 ERIC SHINE: Well, that's what I'm trying to

14 ask the court to be very clear.

15 HON. PARLEN L. McKENNA: Sir, there's two

16 aspects. Both of these were requested by your

17 attorney.

18 ERIC SHINE: So you've refused the settlement

19 conference?

20 HON. PARLEN L. McKENNA: No, I have not

21 refused a settlement conference.

22 ERIC SHINE: Can I ask the status --

23 HON. PARLEN L. McKENNA: If you want to

24 talk -- after we get done with Phase II, if you want to

25 talk about settlement on the record, I will be willing

65

1 to do so.

2 ERIC SHINE: So you're putting Phase II, which

3 is the issue of medical or whatever, first and not the

4 settlement conference?

5 HON. PARLEN L. McKENNA: No. You did.

6 ERIC SHINE: No. I didn't. I tried -- that's

7 why I'm injecting myself now to even be clear. I keep

8 getting stifled.

9 HON. PARLEN L. McKENNA: We're here, and

10 you're going to cease and desist making comments until

11 the Coast Guard is finished.

12 ERIC SHINE: But there's a clear mis- --

13 HON. PARLEN L. McKENNA: If you don't

14 understand -- if you don't understand that English,

15 sir --

16 ERIC SHINE: I object under LMRDA, but

17 granted, your Honor --

18 HON. PARLEN L. McKENNA: Your objection is

19 duly noted. You need to stop. I'm not going to

20 tolerate it.

21 ERIC SHINE: It's just my position we should

22 not be continuing in the proceedings --

23 HON. PARLEN L. McKENNA: I know that it's your

24 position, but this happens to be my courtroom.

25 ERIC SHINE: But I can't even express --
66

1 you're stopping me from even putting it on the record.

2 HON. PARLEN L. McKENNA: Oh, I am, am I? I

3 thought you've been talking quite profusely.

4 ERIC SHINE: No. I'm trying to get to the

5 issues of the two restraining orders that are

6 outstanding, that at some point --

7 HON. PARLEN L. McKENNA: We're not dealing

8 with that right now.

9 ERIC SHINE: You've already dealt with it.

10 You let my attorney talk, but you did not give me the

11 time so I could address them and say, "Look, it's --

12 that is not my understanding." Even as to the issues

13 that were raised here for a prima facie showing, the

14 issues of those two outstanding orders should be

15 addressed. And I guess that's what we're doing now?

16 HON. PARLEN L. McKENNA: No. You just sit

17 back; and before we get done here over the next two

18 days, if necessary, then we will address issues that

19 you want to get into. All right?

20 Proceed, Lt. Hill.

21 LT. HILL: Thank you.

22 In a later letter to MEBA, he wrote concerning

23 a concern that his disability insurance payments were

24 being stopped. As part of that letter, he said he was

25 on disability for filings that he had made with MEBA

67

1 concerning Dr. Shafer, Dr. Riddle, Dr. Podros. I'm not

2 bringing their medical records, just mentioned what you

3 mentioned. He stated that he had been receiving

4 psychological disability payments since January of

5 2002. He stated that he had been taking psychotropic

6 medications. He stated in that letter, "I'm diagnosed

7 as severely depressed or suffering from a mood

8 disorder; currently, totally disabled and unable to

9 work."

10 Later, concerning the physical threat aspects,

11 again, of the -- of Mr. Shine, his previous attorney,

12 Mr. Haney, made a motion to withdraw as his counsel in

13 the Federal Court -- one of his Federal court cases.

14 I'm not sure which one.

15 ERIC SHINE: Because I couldn't afford to pay

16 counsel. And again, it's attorney/client privilege.

17 I'm sorry, your Honor.

18 LT. HILL: He filed this motion in public

19 records with the court. He did mention failure to make

20 payments as one of the reasons he was motioning to

21 withdraw.

22 He also stated that if he were not still

23 technically obligated as his lawyer, he would file for

24 a restraining order against Shine from contacting him

25 in any way, because he is now inflicting emotional

68

1 distress upon me with his relentless antics.

2 And further, he stated in this letter to the

3 court as part of the public record filing, "I and

4 various members of the staff of my law firm have begun

5 to fear for our personal safety, given the nature,

6 tone, content and volume of Mr. Shine's

7 communications."

8 Another person on board one of the vessels

9 that the respondent worked with -- I don't want to

10 mention his name here, because he said he doesn't want

11 to testify unless ordered to because he's afraid that

12 Shine might kill him.

13 ERIC SHINE: Oh, gees.

14 LT. HILL: He stated --

15 ERIC SHINE: You Honor, I have to really

16 object to that one.

17 LT. HILL: He stated that the -- that Shine

18 told officer --

19 HON. PARLEN L. McKENNA: Objection overruled.

20 LT. HILL: He stated that Shine told officers

21 on the JACKSON that guns are for when litigation fails;

22 again, the second time that Mr. Shine made that

23 statement.

24 And in a letter -- in a July 2002 letter,

25 lengthy letter, that Mr. Shine wrote -- I'm sorry I

69

1 don't have it here who he wrote it to. We don't

2 understand why it was -- I'm sorry. It was to the San

3 Diego F.B.I. One point there in the letter, we don't

4 understand why, he just said "Remember Timothy

5 McVeigh," just all by itself, a sentence there apart

6 from all the other paragraphs. We don't understand

7 why --

8 ERIC SHINE: So why wouldn't you investigate?

9 LT. HILL: -- it's inserted in there. And

10 that was --

11 HON. PARLEN L. McKENNA: Mr. Shine put that in

12 a letter to the F.B.I.?

13 LT. HILL: Yes.

14 HON. PARLEN L. McKENNA: What was the context

15 of the letter?

16 LT. HILL: It was, again, all about this

17 national security issue about -- I can get a copy.

18 ERIC SHINE: Your Honor, may I even clarify?

19 And I'll tell you --

20 HON. PARLEN L. McKENNA: Yes, you may.

21 LT. HILL: Yes. It's -- sitting here, we

22 don't know why.

23 MR. FORGIE: Actually, I have to chime in

24 here. That statement is clearly out of context, if we

25 can find that letter.

70

1 ERIC SHINE: You've read it?

2 MR. FORGIE: Yeah, I've read it.

3 And to extract that one statement out of the

4 context of that and impart the meaning that he's going

5 to act like Timothy McVeigh is a complete

6 misrepresentation of what he was trying to say.

7 ERIC SHINE: Entirely. And I will tell you

8 exactly what I meant right now.

9 HON. PARLEN L. McKENNA: You may do so.

10 LT. HILL: Like I said, we didn't understand

11 why.

12 ERIC SHINE: This goes to ADR and everything

13 else that I'm bringing up, why would they not

14 investigate and say, "Look. What do you mean here?

15 What's going on?"

16 And I would say, "Look. The LPB, all these

17 other issues --" no, they --

18 HON. PARLEN L. McKENNA: What did you mean?

19 ERIC SHINE: Simply put, we have people like

20 Timothy McVeigh -- we have all this terrorism and

21 everything else going on around the world right now,

22 people who hate America. Worse than that, we have

23 people like Timothy McVeigh inside our own country that

24 was in the military, a supposed patriot because he was

25 born and raised here, whatever, that are doing stupid

71

1 stuff like he did in Oklahoma City and injuring our
2 citizens, which is exactly what I'm fighting with both

3 the employers and the union. Because they're looking

4 at this for money. They're ignoring the licensed

5 personnel board. They're playing games with labor

6 racketeering.

7 And I'm saying that in -- you have to address

8 these individuals because of what they're doing, or

9 we're going to have more problems, because people don't

10 have the licensed personnel board, which is our means

11 for immediate grievance resolution, whether it's an

12 issue of national security or not. Like if I see

13 something on a container that's a problem or potential

14 problem, I should be able to blow the whistle, say

15 something, whatever, follow it through the chain of

16 command; but because of the collusion and labor

17 racketeering and other issues that are going on between

18 the union and employers right now, we don't have a

19 grievance process, period. And it's a very dangerous

20 position for America, the maritime industry, to be in

21 right now, which is something that the Coast Guard has

22 ultimate jurisdiction and authority over. And they're

23 ignoring it.

24 And I'm sorry. It had nothing to do with me

25 saying, "I'm going to be Timothy McVeigh." I went to a

72

1 federal service academy, and I take deference to the

2 lieutenant to even introduce anything like that. And

3 it's my position that he is becoming a party to this

4 action by allowing this to continue and to even bring

5 this stuff forth like that out of context.

6 HON. PARLEN L. McKENNA: A party to what

7 action?

8 ERIC SHINE: Sorry?

9 The retaliation by the Coast Guard into what's

10 going on. Instead of investigating the matters,

11 they've charged me with medical and mental

12 incompetence, aren't going to any act of incompetence

13 of what happened on the JACKSON or the MAUI or any of

14 these vessels and properly adjudicate them, because

15 they're afraid to, because they know I've done nothing

16 wrong. This is all hearsay, accusations and

17 innuendoes. None of it has been substantiated properly

18 in any formal venue or jurisdiction.

19 And again, I say, for this to even continue,

20 is harassment. And you have the duty and the

21 obligation to, at some point, say, "This is harassment.

22 This is getting --" at some point, when you've heard
23 enough and don't want him to go on. But I don't need

24 to sit here and listen as they're extracting little

25 tidbits and using it to their own end.

73

1 And Mr. Forgie has even read the letter, and

2 it's taken entirely out of context.

3 Do you have the letter, Lieutenant? I think

4 it should be introduced into evidence.

5 LT. HILL: I think you have it. And I think

6 we gave it to the judge, too, because he did ask for a

7 copy of all our exhibits.

8 ERIC SHINE: Do you have it? You're

9 introducing part of it into evidence.

10 LT. HILL: This is a proffer. No, this is

11 not --

12 ERIC SHINE: It's a proceeding.

13 LT. HILL: I'm proffering --

14 HON. PARLEN L. McKENNA: Excuse me, Mr. Shine.

15 At the proper time, it will come in. Okay.

16 LT. HILL: Like I said, that was just one of

17 the --

18 ERIC SHINE: Is there a point in continuing?

19 LT. HILL: That was one of the 50 or so things

20 that I mentioned so far. That was just one, besides

21 his admissions that he has a psychiatric disability,

22 that he's got emotional and mental problems, that he's

23 on psychotropic medications, that he's been diagnosed

24 as severely depressed in court records, on

25 interrogatories, part of the public record. The Coast

74

Current Files

Name	Size	Uploaded	Actions
No items for the current list.