Case No. 03C10897, Division A







A hearing in this case was held on July 8, 2003, before the HONORABLE Charles Hoppin, County Court Judge.




July 8, 2003

(The following proceedings were entered of record:)

THE COURT: Corry versus Neary, 03C10897. And I have a note on the front that the defendant has failed to appear, is that correct?

UNKNOWN VOICE: Not that I'm aware of.

THE COURT: Pardon?

UNKNOWN VOICE: I haven't checked in.

THE COURT: Oh, are you Christopher Corry?

UNKNOWN VOICE: I'm here, I'm Christopher Corry.

THE COURT: Your, okay, switch around then you two gentlemen. Okay, so Mr. Neary is here and Mr. Corry is here. Mr. Neary do you have any objections to the temporary order becoming permanent?

MR. NEARY: Yes I do.

THE COURT: Okay. Do you have any witnesses to testify here in the courtroom besides yourself?

MR. NEARY: No I don't.

THE COURT: And Mr. Corry are you still seeking the temporary order to become permanent?

MR. CORRY: Yes sir, it's kind of like when I talked to you last time, I said that there might be some issues involving actual security. I've refused that job since then and I'm thinking maybe if we could like actually line up some mediation and actually give us a chance to talk. That might be a little bit more positive than me filing for permanent restraining order.

THE COURT: All right. Are you willing to talk to a mediator or through, I should say all a mediator does, a mediator doesn't issue orders, a mediator just helps you two talk to each other. You don't even need to be in the same room if you don't want to be in the same room. But we do have a mediator here this afternoon, or we did earlier, where if there's some solution you two can come to short of a hearing, the mediator would be happy to help you. I do have one hearing ahead of yours. So you're gonna have to sit around and wait a little while anyways while I take that hearing.

MR. CORRY: Sir all I can tell you is because of the job that I was being considered for at the time, I wasn't necessarily up-front with Mr. Neary it might have been necessary, I mean he and I definitely have problems and I've not lied at any point during this but I think since I've turned down this job, and now I'm going, other than the fact that if I say anything about it (inaudible) perjury charges. I'd just like to make this all go away.

THE COURT: Well, okay one way to make it all go away of course is to dismiss it.

MR. CORRY: Well I don't, because the people, the same people I was talking about in the security clearance and everything else said you really need to make it permanent, this guy sounds like somebody that could cause you a lot of problems so if we can't discuss this and can't get it worked out, then I do want the restraining order made permanent.

THE COURT: Well then let me ask you Mr. Neary, are you willing to talk with or through a mediator to see if there's any way to resolve this matter?

MR. NEARY: Well first I'd like to say I'm moving to a different county Your Honor, July 23rd, my fiancee is closing on a house (inaudible). I'm moving to Clear Creek so I'll never see him again.

MR. CORRY: That's good for me.

MR. NEARY: We want to keep this just as a temporary restraining order until the 21st I'm totally----

THE COURT: Are you in agreement with keeping the restraining order in effect as a temporary restraining order only for 30 days and then having it automatically dismissed?

MR. CORRY: Yes sir, that works for me.

THE COURT: Okay, I'm directing this to Mr. Neary at this point.


THE COURT: Okay. Do you wish to talk with a mediator?


THE COURT: Then why don't you both have a seat back in the audience. I'll go ahead and proceed with the next case then.

(Court calls another case)

THE COURT: And I'll go ahead and call the other case and that's Corry versus Neary, 03C10897 and Mr. Corry, you can remain standing. Raise your right hand. Do you solemnly swear or affirm under penalty of law the testimony you're about to give shall be the truth, the whole truth and nothing but the truth?

MR. CORRY: I do.

THE COURT: All right, you may be seated. Please state your name and the county where you live.


The witness herein, having first been duly sworn, was examined and testifies as follows:

MR. CORRY: My name is Christopher Charles Corry. I live in Jefferson County.

THE COURT: And would you describe for me the circumstances under which you became acquainted with Mr. Neary, in other words, what is your connection with him?

MR. CORRY: Well his dog got out of his enclosure, came down to my yard and attacked my Weimaraner.

THE COURT: So he's a neighbor?

MR. CORRY: Yes sir he is.

THE COURT: All right then describe the incident or incidents to me that cause you to believe that you were assaulted or threatened with bodily injury and that caused you to believe that you'll be threatened or assaulted in the future without a restraining order, giving me approximate date, times and places.

MR. CORRY: Well sir to begin with on the day the restraining order was served, I drove by Mr. Neary, he was standing in his parking lot and if you remember I told you that I did have to drive by his house to get by there and that I was okay with that. As I drove by him and he was standing out there, he sat there and did this number if I drove by him and that's when generally the level of maturity (inaudible) beginning of this.

THE COURT: Let's go back to this first incident. You said that when his dog got out it came down and attacked your dog and he tried to start a fight with you.

MR. CORRY: Yes sir.

THE COURT: Tell me approximately when, when that was.

MR. CORRY: Oh boy that was February, January oh boy, about three months before January or February actually sir.

THE COURT: So November?

MR. CORRY: November yes sir.

THE COURT: Okay and do you remember what day of the week----

MR. CORRY: No sir I don't. It was, honestly I was trying to just make this whole thing go away.

THE COURT: So what, what actually did he do on that day?

MR. CORRY: On that day, he actually didn't do too much. He talked to me, he told me that he, the person, he lives in a duplex, and the person that lived above him had complained and we actually share the same parking (inaudible) service and he had told the people that had been complaining about his dog barking constantly that it was the fact that my dogs run around that his dog barked. And sir, I mean, honestly nobody in the neighborhood believes him. It was, I mean as soon as I told people that he, he (inaudible)----

THE COURT: All right, well let me focus again on this incident then. He did not assault or threaten to harm you on this day?

MR. CORRY: Not the first time, no sir. I mean he was definitely aggressive, more aggressive than normal but----

THE COURT: You're talking verbally?

MR. CORRY: Yes sir, verbally aggressive.

THE COURT: Did he verbally threaten you at all?

MR. CORRY: No sir not that time. He just simply said that he'd been telling everybody that it was my dogs that caused his dog to bark all the time and I didn't particularly appreciate that because it could cause me problems.

THE COURT: Then you mentioned there was a second time?

MR. CORRY: There were actually four times, five times.

THE COURT: The second time, did he, what did he do that you interpreted to be a threat to your safety? If anything.

MR. CORRY: Sir he came down into my yard and said hey if you don't do something about your dog I'm gonna take care of it and about that time somebody shot my dog in the butt with a BB gun so I'm, I just, I mean I have absolutely no evidence to support this, but I've never heard anything bad from anybody else. Obviously I assume that Mr. Neary's the cause of that problem but again I have no proof of that.

THE COURT: Now was this about the dog again?

MR. CORRY: Yes sir his dog came down for the third time to attack my dog in my yard and actually he'd also told, after, on the first time, he'd also told me that he was going to call animal control and tell animal control that my dogs had tried to bite his children and all kinds of other good stuff.

THE COURT: All right so he came down, he got within six inches of your face. Then what did he do or say that you interpreted to be a threat?

MR. CORRY: Well sir at that point I actually went out, I smiled at him, as I told you before, went out, picked up my golden retriever, brought her inside and he was banging on my front door with both arms yelling bitch don't turn your back on me you little bitch. Don't turn your back on me. And his wife was standing out here yelling Ron no, Ron stop, Ron no.

THE COURT: Okay. Then you said there were two more times?

MR. CORRY: No actually that was the third time, oh the fourth time was basically the same as the first two, he was just basically hyper aggressive and I went inside to shut the door and the fifth time would have been the time that I came in to file the restraining order and I told you other than the fact that the same time he came down to my house after I told him to go home, he was standing in the middle of my driveway making like binocular goggles with his hands and it's, sir at this point I was trying to, I mean, the job I was going for at this time sir, you don't apply for that job. I mean they call you and they ask you. And I'm not gonna throw all that away, I mean I may not necessarily agree with the politics behind that job and that's why I refused the job, but I'm not gonna throw all that away.

THE COURT: All right, let's go to the second time, at the second time did you tell him not to come back on your property?

MR. CORRY: Sir I told him the first time that he was not welcome on my property.

THE COURT: All right now as I understand it the fourth time was essentially the same as the first, first two times?

MR. CORRY: Yes sir.

THE COURT: And then there was a fifth time.

MR. CORRY: When I filed the restraining order yes sir.

THE COURT: Was there anything different about his conduct on the fifth time?

MR. CORRY: No sir, it's been mainly like a juvenile high school student and I'm not trying to be (inaudible) here but I, honestly I've never dealt with somebody like this before. It's, and sir I've held incredibly high security clearances and I was in the marine corp (inaudible) I'm not gonna stand there and lie.

THE COURT: So he came onto your property?

MR. CORRY: Yes sir. His dog came onto my property to attack my dog. Then because his dog got out and since I don't have a fence around my yard and since we've checked, they said that we're not allowed to put a fence up there because it interferes with elk migration and I've tried invisible fences around the property but the dog, the husky just falls asleep on the damn thing and she ended up with two holes in her neck where the shock had burned her and she was just laying there. And I tried the, another great idea, okay things aren't working so I stuck my hand (inaudible) sir. So I mean we've tried to do something and with the exception of the husky, the other dogs do not leave the yard.

THE COURT: And how far is his property from your property?

MR. CORRY: I'm gonna let him answer that one because I think I may have----

MR. NEARY: (Inaudible) 100 yards.

THE COURT: Is there any reason, any need for either one of you to be on the other's property?

MR. CORRY: No sir. And if we can make this----

THE COURT: Okay and can the dogs be secured?

MR. CORRY: Yes sir they can.

THE COURT: His dog and your dog?

MR. NEARY: My dog is secure.

THE COURT: All right would you please stand and raise your right hand. Do you solemnly swear or affirm under penalty of law the testimony you're about to give shall be the truth, the whole truth and nothing but the truth?

MR. NEARY: Yes sir.

THE COURT: All right would you, you can be seated. State your name and spell your last name.



The witness herein, having first been duly sworn, was examined and testifies as follows:

MR. NEARY: Ron Neary, N-E-A-R-Y. Jefferson County.

THE COURT: Mr. Corry's made allegations that on five separate occasions you came on his property after, his claim is that your dog attacked his dog so let's first go to those five claims. What's your response to that?

MR. NEARY: Well first may I approach. I have a diagram of the yard and it might help you understand.

MR. CORRY: I'd like to see this sir. Since I wasn't made aware of it, I'm going to object to the fact that (inaudible).

THE COURT: I want to see it first. Did you draw it?

MR. NEARY: Yes I just drew it. (Inaudible) the diagram.

THE COURT: All right.

MR. NEARY: Now the asterisks will indicate where I was approximately during our confrontations----

MR. CORRY: Sir----

MR. NEARY: Excuse me.

THE COURT: Pardon.

MR. CORRY: Can I take a look at this?

THE COURT: You may.

MR. CORRY: Well sir to begin with, (inaudible) diagrams so I'm still going to object.

MR. NEARY: Which counsel is this?

THE COURT: All right well I'll let you reply to this testimony but you----

MR. CORRY: Well----

THE COURT: ----you go ahead Mr. Neary.

MR. NEARY: There's a (inaudible) built there today while I was at work and that would be what it looks like. First I'd like to thank Mr. Corry for his service to our country but he, he doesn't realize that he lives in a civil society where neighbors ought to communicate. They ought not to go into the house and hide.

THE COURT: Okay. Do you go on his property to do this?

MR. NEARY: I've walked on the driveway, that long driveway is approximately 75 yards and I stand near the middle house.

MR. CORRY: Sir he's stood on my front porch----

THE COURT: You had your chance, he has his chance.

MR. NEARY: One day, now I used to live years ago in the house nearest to Mr. Corry's house. And that driveway is used as an easement, there's a path where the children go up and down that hill to get to the school bus. It's a shortcut for the neighborhood. One day I was coming home from the Evergreen Fitness Center and I've used that shortcut. He was standing on the front porch taking to a neighbor. I was walking up the driveway, the weimaraner attacked me, he didn't bite me or anything physical but I fell on my back and he virtually did nothing. He said come here puppy, whatever his name is. The dog came back. That was one of the first two incidents I've had with Mr. Corry.

THE COURT: All right----

MR. CORRY: Sir----

THE COURT: ----and you had no other witnesses correct?

MR. NEARY: Not present, I could provide them.

THE COURT: No witnesses here in the courtroom. All right, was there a response----

MR. NEARY: One last thing. I'd like to see a receipt for the invisible fence because I think that's a bold face lie.

MR. CORRY: (Inaudible) United States Marine, I do not lie.

MR. NEARY: Well half of your testimony is inaccurate.

THE COURT: All right, Mr. Corry is there any testimony you wanted to give in response to his diagram?

MR. CORRY: Well sir let me take a look, do you mind if I take one more look----

THE COURT: No you're welcome too. You can take it back with you.

MR. CORRY: And sir I just want to show you this because again (inaudible) drug and addiction (inaudible) definition of deadly force (inaudible) and so when I say deadly force that's exactly what I mean.

MR. NEARY: Sounds like another threat Your Honor.

MR. CORRY: Well sir----

MR. NEARY: I should not be afraid of a United States Marine.

MR. CORRY: Sir the United States Marines----

THE COURT: Now wait, now this is his chance.

MR. NEARY: I'm sorry sir.

MR. CORRY: Sir, okay, I'll (inaudible) the house that's drawn at the bottom here, should be more commonly placed about right here. Now the people that live in this house, both of them, buy dog biscuits for my dog, that's why they go around their house.

MR. NEARY: May I speak sir?

[Ed. note: sua sponte , Hoppin's practices law from the bench as Neary has not requested a restraining order against Corry. As Hoppin specifically states, the restraining order against Corry is based solely on the basis that he was in the United States Marine Corps.]

THE COURT: Well I don't need your additional testimony. What I'm gonna do in this case is I'm going to extend the temporary restraining order. I'm gonna make it a mutual temporary restraining order for 45 days. It will then expire. I can tell from the level of animosity and emotion that's been presented by both of you here, and based specifically on the testimony of the defendant that the plaintiff told him at one point that he, the plaintiff, was in the Marines [emphasis added] and he, the defendant, should watch himself as well as the plaintiff's roommate making derogatory comments that the Court finds there are also grounds for a temporary restraining order in favor of the defendant against the plaintiff.

MR. CORRY: Oh sir I do have one problem with this. Actually one of the things my father does is domestic violence, he's president of the (inaudible) foundation and he's been on Fox News, CNN as well as 20/20 for this. And it's, I've done nothing, I mean because of the security clearance I was trying to get, I did nothing to antagonize this guy. I've done----

THE COURT: I'm accepting----

MR. CORRY: ----going to have to have problems with the fact that you're filing [Ed. note: sua sponte] a restraining order against me.

THE COURT: Well I'm accepting his testimony that you told him that you were in the Marines and that he should watch himself----

MR. CORRY: Sir if it's become a crime to be a United States----

THE COURT: This is not a crime, this is merely a civil case----

MR. CORRY: Sir my father whose one of the smartest men in the world is also enlisted in the United States Marine Corps so I think there may be problems with that.

THE COURT: Well if you want to move to dismiss your case at this point, you can do that.

MR. CORRY: No sir I think we'll just go forward from here.

THE COURT: All right, well I've granted then your restraining order for 45 days. I've also ordered you not to have any contact with the defendant----

MR. CORRY: (Inaudible) the fact that I've had contact with him exactly one time outside my yard sir I don't think it's gonna be like all that likely that I'm gonna go try and pick a fight with him from here on out.

THE COURT: And if you two do need to have contact, you can each hire a lawyer and have the lawyer make the contact.

MR. NEARY: I have two questions Your Honor. Regarding his dogs defecating in that common play area, he, I mean----

MR. CORRY: Sir, I'm----

MR. NEARY: ----by the bucket----

THE COURT: Just a minute, he's talking.

MR. NEARY: You could pick it up by the bucket load there's so much down there and I think in fairness he ought to pick it up.

MR. CORRY: Sir all I can tell you is my dogs go to work with me everyday. I mean and I do pick up my dog poop because it happens (inaudible) the house I work at. And to be (inaudible) I'm somewhat flabbergasted by this entire thing and I'm definitely going to be filing some complaints here.

THE COURT: All right, this restraining order shall expire on August 23rd, 2003 at 12:00 noon. And I have a place for each of you to sign, just acknowledging receipt of this and then the plaintiff can leave first after getting his copy. Defendant needs to remain five minutes after. You need to go over there sir, she'll give you a pen if you don't have one to sign it. And then she'll make you a copy after the defendant signs his copy or signs the copy and then you can leave and then the defendant can leave five minutes later.

(End of proceedings)


I, Cheryl Carey, District Court Division Clerk, Jefferson County Court, do hereby certify that the proceedings in this matter were taken by a mechanical recording device; that I thereafter typed the foregoing official transcript from said mechanical recording device; and that the foregoing is an accurate record of the proceedings in this matter on the date set forth.

Dated this 1st day of September, 2003.

[Original transcript signed by Cheryl Carey]

Division 9, 100 Jefferson County Parkway

Golden, Colorado 80401

(303) 271-6190