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TABLE OF CONTENTS WITNESSES-PETITIONER PAGE Brittany Cleveland Direct examination by the Court 5 WITNESSES-RESPONDENT Elliot Carroza-Oyarce Direct examination by the Court 25 Cross examination by Ms. Cleveland via the Court 33 Webster Cleveland Direct examination by the Court 41 EXHIBITS MARKED ADMITTED None 2 1 Big Rapids, Michigan 2 Thursday, June 21, 2018, at 10:55 a.m. 3 THE COURT: This is the case of Brittany 4 Cleveland v Elliott -- is it Carroza? 5 THE RESPONDENT: Carroza. 6 THE COURT: And we don’t have a Z there. And is 7 it Oyarce? 8 THE RESPONDENT: Oyarce. 9 THE COURT: Oyarce. Sorry, Oyarce. 10 THE RESPONDENT: That’s fine. 11 THE COURT: Mr. Oyarce. Thank you. Case 18 12 024465 PP. And, Ms. Cleveland, would you state your full 13 name, please. 14 THE PETITIONER: Brittany Lacole Cleveland. 15 THE COURT: Thank you. Mr. Oyarce, would you 16 state your full name, please. 17 THE RESPONDENT: Elliot Bastien Carroza-Oyarce. 18 THE COURT: Thank you. 19 And we’re here because Ms. Cleveland is seeking 20 a personal protection order to protect her and it would 21 restrict Mr. Oyarce in certain ways from having contact 22 with Ms. Cleveland. 23 And Ms. Cleveland had filed for a personal 24 protection order previously and I did deny the ex-parte 25 version and then Ms. Cleveland did come in and have a 3 1 hearing and at that time, I didn’t find enough to put, 2 enough evidence, to put a personal protection order in 3 place. 4 Here, Ms. Cleveland has filed a subsequent 5 request for a personal protection order. And did seek the 6 ex-parte kind again without having the other side. But I 7 found this case complicated enough in the facts, unclear 8 enough for me, that I denied it. But certainly, Ms. 9 Cleveland had the right, which she’s exercised to have a 10 hearing where I could hear both sides and maybe figure out 11 much more accurately what’s gone on and whether or not Ms. 12 Cleveland should be granted her request to have a personal 13 protection order restrict the activities of Mr. Oyarce. 14 So, Ms. Cleveland, as we did before, it is going 15 to fall to you to prove to me by a preponderance of the 16 evidence that there’s a proper reason to put a personal 17 protection order in place that would restrict Mr. Oyarce 18 and his behavior or interaction with you. 19 And I’m going to allow you to offer some 20 testimony in a limited fashion with my assistance. I might 21 allow Mr. Oyarce to ask some questions of you. Then if 22 Mr. Oyarce wants to testify, he may do so. If he has 23 witnesses, or Ms. Cleveland, if you have witnesses, I will 24 consider allowing those as well besides yourselves. 25 But, Ms. Cleveland, are you ready to offer some 4 1 testimony? 2 THE PETITIONER: Yes. Yes, Your Honor. 3 THE COURT: Let me just verify that you still 4 are seeking the personal protection order; is that 5 correct? 6 PETITIONER: Yes, Your Honor. 7 THE COURT: Okay, come on up, please. 8 Ms. Cleveland, before you’re seated, let’s have 9 you raise your right hand and we’ll have you sworn in by 10 our clerk, please. 11 THE CLERK: Do you swear or affirm to tell the 12 truth, the whole truth, and nothing but the truth so help 13 you God? 14 THE PETITIONER: I do. 15 THE COURT: Please be seated. 16 BRITTANY LACOLE CLEVELAND 17 (At 10:28 a.m., called by and sworn by the 18 Court, testified as follows) 19 DIRECT EXAMINATION 20 BY THE COURT: 21 Q And, Ms. Cleveland, will you state your full name, please. 22 A Brittany Lacole Cleveland. 23 Q And, Ms. Cleveland, tell me why you’re seeking the 24 personal protection order and even things that you 25 might’ve said in the last hearing. You probably need to 5 1 repeat those because we didn’t have Mr. Oyarce here at 2 that time to hear and due process wise he should be able 3 to hear those if he wants to respond to them in some way. 4 A Okay. 5 Q If I rely upon that information. So go ahead. 6 A Okay. I think at the last hearing I mentioned how he was 7 lying about a relationship with me for seven years to his 8 family and to the community that we both belong to. And 9 he was forcing me to keep that lie. Like I asked him 10 multiple times to tell people the truth and I had even 11 told people the truth myself but they didn’t believe me 12 because he’s basically a celebrity. So, like, when I 13 would tell people the truth, he would go and lie to them 14 and they would believe him over me. He has sexually 15 assaulted me multiple times. When we were in a 16 relationship together, seven years ago, which I think I 17 went -- I went into detail in that -- in the hearing. 18 Q I don’t recall that. 19 A Okay. He used force against me. I think maybe it was 20 written in the -- in my letter. But -- sorry. I have 21 PTSD from the relationship that I had with him so. He 22 couldn’t physically touch -- touch me so we didn’t like 23 have a physical relationship for half of the time that we 24 were together. And he would physically force me to kiss 25 him. Like, if I didn’t want to and he would put his hands 6 1 on my face and hold me and, like, I’m turning and say no. 2 Like, it was so bad. It was, like, a game to him or 3 something and it happened multiple times and I originally 4 didn’t come out about it with my community. But that was 5 because I didn’t think that there were any witnesses. But 6 there was actually a witness to it. And there was, like, 7 another incident in Toronto and I can’t remember who the 8 people were in the car, but I know it was, like, late at 9 night and we were going to, like, the only Taco Bell in 10 Toronto and the car was full and me and him were in the 11 back seat and I was asleep. And he was kissing me while I 12 was asleep and I just, like, I was, like, half awake and I 13 just felt, like, wrong and, like, violated. And I kept 14 saying no over and over again. And he didn’t stop until, 15 like, I woke like completely up. So, like, that was one 16 incident that I remember. But the one where he actually 17 used force with me, that’s happened multiple times and 18 that’s why I was, like, surprised that there weren’t any 19 witnesses. But then there actually was. 20 Q Ms. Cleveland, when was the last time that you would 21 assert that Mr. Oyarce put his hands on each side of your 22 head and held you and then kissed you? 23 A That was when we were in a relationship so it was probably 24 six or seven years ago. But that’s because, like, I’m 25 not, like, I don’t have that kind of contact with him 7 1 anymore. 2 Q So what were the years roughly that you would point out 3 were years that you were a couple or dating in some 4 fashion from your view? 5 A I think it was, like, December 2018 to maybe March of 6 2011. Sorry, 2008 to 2011. Sorry. 7 Q So 2008 to 2011. So that’s about three years. And that 8 was when you were dating? 9 A Yeah. And I wanted to break up a year and a half in and 10 he wouldn’t let me. He would threaten to kill himself. 11 And that’s what he was doing as well when I was asking him 12 to tell people the truth years later. Like, recently. He 13 was threatening to kill himself multiple times. 14 Q So if you’re official relationship ended in 2011, and 15 we’re in the year 2018, so you have not been officially 16 dating for the last seven years; is that correct? 17 A No, Your Honor -- or yes, Your Honor, that’s correct. We 18 haven’t been dating. 19 Q Okay. And so how was it that issues surfaced more 20 recently about your dating and the truth and things like 21 that. How did that come to a head? 22 A I asked him in 2016 when I was at an event to tell people 23 the truth because people were coming up to me and saying 24 stuff to me, like, I was with him. And I wasn’t 25 comfortable with that. And when I approached him and told 8 1 him that, like, he went off on me and was just like you’re 2 ungrateful. You shouldn’t even be here if you’re going to 3 just do that, make, like, make trouble. And which he has 4 also said to me like multiple times. Like, he said this 5 to me, again, told me I can’t come to events that he’s at 6 because he thinks that I’m causing trouble because I want 7 to tell people the truth. 8 Q So let me ask you this, Ms. Cleveland, is part of the 9 issue and remember the fact we had a hearing before, we’ve 10 got to make a new full record here, but is part of the 11 issue or concern that you have is that more recently Mr. 12 Oyarce is still claiming you’re together now or just 13 claiming that you were together back in 2008 through 2011? 14 A He’s telling lies about me on-line and lies about himself 15 as well that make me look, like, that slanders me. 16 Q Such as? 17 A Such as he lied about his suicide attempts. He told 18 everybody they were jokes and they were not jokes. Like I 19 have proof that they’re not jokes. There was another 20 person who he told about his suicidal ideations on the 21 same day that I told people that he verbally made those 22 complaints to me, like, for three hours long. He’s, like, 23 crying in my car and talking about killing himself if 24 people found out that we weren’t together. And he’s 25 gotten on-line and he has 50,000 followers. So he’s told 9 1 all these people this lie and it’s made me look like I was 2 just making stuff up against him and I wasn’t. And this 3 is what he’s been doing, like, when I was in a 4 relationship with him and this is what he’s been doing 5 when I was not, like, not in a relationship with him. He 6 was, like, trying -- he was threatening to kill himself to 7 get me to not tell people that we weren’t together. 8 Q So when would you say, Ms. Cleveland, was the last time 9 Mr. Oyarce still claimed that you were together? 10 A It would probably be March. But that’s because, like, I 11 publically came out and told people that we weren’t 12 together. It got, like, some kind of traction. 13 Otherwise, he wouldn’t have told -- he wouldn’t have told 14 the truth. Because I’ve been asking for two years to tell 15 the truth. 16 Q So is it your claim that he’s been leaving the impression 17 that up to recently you’ve still been dating not that it 18 ended seven years ago? 19 A I didn’t read his -- the statement he put out. I just 20 seen the part about the -- about him saying, like, the 21 suicide threats weren’t real and they were just jokes but. 22 So I don’t know if he’s still claiming that we were 23 together or -- and we just broke up or I don’t know what 24 it is that he told his family because, like, his family 25 has been, like, harassing me on-line. Like calling me a 10 1 bitch and liar and, like, all this other stuff. Even when 2 I block them they keep saying this stuff about me. 3 Q And I know that last time you were testifying about the 4 gaming community, but for the record, this is a new 5 hearing, would you describe what the community is that you 6 are referring to? 7 A The community that I’m referring to is an esports 8 community for Super Smash Brothers. It’s a Nintendo 9 fighting game. And I’ve been a part of the community for 10 ten years. Like, actually I was the one who, like, 11 brought him here to our community so. It’s heartbreaking 12 that my own community believes his lies over me even 13 though I have, like, so much proof. Like this -- it’s 14 just he’s a celebrity and they don’t want to see him in 15 the negative light. So anything he says, like, they just 16 automatically buy it. But I’ve been a part of the 17 community and I will go to events and I do media and stuff 18 like that and I was networking with people and was 19 supposed to be working on projects with him and I can’t go 20 to events because he’s trying to come into contact with 21 me. So it’s like, if I -- if he’s at an event that I need 22 to go to, like, I’m not protected because this community 23 is not going to stop him from talking to me or harassing 24 me. And he’s -- he’s on Twitter publically asking people 25 if they know illegal ways to steal my account name from 11 1 me. And then telling people he’s going to come into 2 contact with me soon. So that’s why I came back because 3 he was doing, like -- he was getting people to harass me 4 and he was telling people that he was going to come into 5 contact with me. So he does -- he has no regard for, 6 like, my wish to not have any contact with him. If you 7 think -- if I filed a PPO against him he would understand 8 that means don’t come into contact with me. But he’s 9 telling all his 50,000 followers that he’s going to come 10 into physical contact with me soon. And this was, like, 11 May 14th. I didn’t know about it because I had him 12 blocked. But I figured it out because people started just 13 making random comments on, like, pictures of me that had 14 nothing to do with that. Saying, like, stuff about my 15 account and then I was just, like, why are people bringing 16 this up. So I went and, like, looked at his account 17 because you can still view -- like, you can still view it 18 if you choose to and that’s when I saw that he was making 19 tweets about saying, like, does anyone know how I can get 20 my account back. Like, how can I -- how I can steal it is 21 what he said. He was asking if anybody knew anyone who 22 worked at Twitter so he could steal it. And, like, the 23 account is mine. It’s a new account. The account name is 24 mine because he got rid of it and I asked him if he was 25 cool with just leaving his old account name out there for, 12 1 like, for anybody to take and he didn’t care. So I was 2 just, like, well then I guess, like, I’ll take it. But 3 that’s -- is legally mine. And he’s getting people to 4 think that I’m, like, out here trying to do something 5 against him or that, like I took it from him, like, by 6 abusing his trust and I haven’t. 7 Q What does it mean to be part of the community? What kind 8 of activities might that mean? 9 A They host events and, like, a lot of times they’re 10 sponsored and it’s, like, you win, like, a cash prize. 11 But it’s, like, thousands of people, like, they come -- 12 like, people come from Japan. People come from, like, 13 from, like, all over the country and it’s, like, you know 14 these people on-line. You’ve known these people for years 15 so it’s kind of, like, you get to see them again and stuff 16 like that. And it’s not, like, a whole lot of women in 17 the esport community and I know that there have been some 18 people in the community who look up to me and everything 19 and it’s, like, I don’t want to have to, like, leave that 20 behind because there’s no protection for me when I was, 21 like, brave enough to come forward about this because I 22 didn’t want to keep living a lie. Like, I wanted to be 23 able to, like, be honest. Because he’s still, like, 24 trying to come into contact with me. I can’t go to events 25 that I’m supposed to go to. And, like, this is, like, when 13 1 I do, like, this is my work. And it’s, like, I can’t do 2 my work. I can’t work with other people, like, because he 3 tells people lies about me so then they don’t want to work 4 with me. And it’s, like, I shouldn’t be treated this way 5 by my community and it’s, like, at the very least if the 6 people who do look up to me, who do want me to come out to 7 events, at the very least I would like to feel safe enough 8 that I could still do that. 9 Q So in summary, what are the several most significant lies 10 that are causing you harm? 11 A Most significant is him lying about this suicide. His 12 lying about -- saying that the suicide was a joke. It was 13 not a joke. He made a suicide -- he told me he was going 14 to kill himself, like, three or four different times. I 15 think, like, which I have, like, screen shots of that. 16 And then he also said it in person. Like, it’s not a joke 17 if you’re crying in my car for three hours. That’s not a 18 joke. And that’s what he’s telling people. So people now 19 think that I just took the screen shots out of context and 20 I didn’t. Like, if I would -- like if I actually went 21 further into the conversation that I had posted, you could 22 see me telling him, like, you’re like, you’re my friend. 23 Suicide is not a joke. You shouldn’t be saying this. And 24 then he’s just saying, like I don’t know. I just feel 25 like I’m going to die in two years. So, like, you could 14 1 tell that it’s not a joke. But this is what he’s telling 2 people because there was no way for him to get out of that 3 lie. That was the only way he could get out of it was by 4 saying it was a joke. 5 Q Yeah, but what have you seen from the community, posters, 6 others that -- 7 A Oh -- 8 Q -- that suggest that you’re being harmed by him saying he 9 was joking and not serious about suicide? 10 A These are people who sent me messages saying that, like, I 11 lie and I was just, like, out to get him and, like, I’m a 12 horrible person. Stuff like that. There was one -- one 13 person who went from a throw away account, which everyone 14 knows a throw away account so I assume he must be, like, 15 somebody who is, like, a top player or something. He 16 messaged me saying something like either Ally was going to 17 -- he has my phone number or Ally gave him my phone number 18 or he’s going to give him my phone number. Sorry Ally is 19 the name that he goes by in the community. Like saying 20 that and then, like, sending me lewd messages and just 21 like why would people even be like -- why would -- it was, 22 like, if I was brave enough to, like, come out and tell 23 the truth, people shouldn’t be treating me that way and 24 because he’s telling these lies I got people who come to 25 me and say, like, why won’t you, like, give him his 15 1 account. You stole it from him. Like every time he makes 2 a tweet about it. And he knows that’s what’s going to 3 happen. You don’t ask somebody how can I steal my account 4 from this person without knowing that you’re going to turn 5 those people against her. And have them, like, say stuff 6 to her to try to get your account back. It’s not his 7 account, but to try to get this account name for him. 8 That’s what he’s doing. He’s asking his fans to help him 9 basically hurt me to try and, like, I don’t know. 10 Q Let me ask you this, Ms. Cleveland, how did the issue of 11 suicide even come up again in the community? 12 A This was just in March I came forward so. 13 Q What led you to come forward? 14 A The fact that he wouldn’t tell people the truth. I was 15 just tired of it. He was threatening to kill himself, he 16 was threatening to destroy my property if I told people 17 the truth. 18 Q So he was -- how did it even come up, the topic of suicide 19 at all, in front of others? 20 A That came up because I came out telling people, like, he’s 21 been lying. He’s been, like, abusive to me and, like, this 22 is the stuff, like, that he’s been doing. So, like, I 23 showed them that because I’m, like, this is what he’s been 24 doing. Like this is the reason why I couldn’t tell the 25 truth. This is the reason why this lie has been going on 16 1 for this many years. 2 Q So were you doing that in response to viewing material 3 that suggested he still had a relationship with you? How 4 did it come out? 5 A I was doing it in response to going to an event and people 6 were thinking that we were together and we weren’t. And I 7 think it was even people that we were rooming with that he 8 was lying to. So there was another player who liked me 9 and so because he was lying to people, it made it look 10 like me and that player, like, knew that I was with him 11 but we didn’t care and were just, like, doing this in 12 front of his face so. It, like, not only makes me look 13 bad, it makes this other player look bad too because he’s 14 telling this lie. And I’m just, like, you can’t keep, 15 like, telling people this lie. Like, you have to tell 16 them the truth. I can’t keep hiding. I don’t necessarily 17 like anybody, like, in the community, but it’s just, like, 18 if I did, like, that shouldn’t be a problem. But it is for 19 him. Like he basically went off saying if I had dated 20 anybody in the community he would kill himself. If his 21 family found out, he would kill himself. If the community 22 found out, he would kill himself. This is what, like, he 23 would say to me to try to, like, stop me from telling 24 people the truth. And tell -- 25 Q When was the last time that a comment like that was made 17 1 by Mr. Oyarce? 2 A That was I want to say, like, it was probably this 3 December maybe. But I know he threatened to destroy my 4 property in February. 5 Q What property did he threaten to destroy? 6 A I had made -- I had made, like, Valentine’s Day cards 7 because I was doing, like, a campaign. And the people I 8 had made the stuff for, like, I didn’t like them and I 9 very specifically told them that I did not like them. 10 Like I asked them beforehand, like, are you okay with me 11 doing this. And, like, I’m going to ask you publically, 12 like, do we have -- do you want to be my valentine but 13 just know it’s not, like, real it’s just like publicity. 14 And so I had made a card for one of the players and he was 15 supposed to take it to that player when he saw him in 16 Japan. And so I was telling him, like, he was also 17 supposed to retweet my tweets because he knew about the 18 campaign so he was supposed to promote it because it was 19 promoting him too. And so, like, he had a card and then 20 there was two other -- there were two women who got, like, 21 valentines from me and then the other player who did. And 22 so when I made the post for the player who was male, he 23 didn’t retreat that. He had no problem retweeting the 24 ones that were about women and me saying way more stuff, 25 like, that I was, like, in love with them and stuff like 18 1 that. He had no problem retweeting that. The one that I 2 made to this player that wasn’t even, like, there were no 3 sexual comments or nothing like that or, like, love or 4 anything like that. He refused to put it up. So I was 5 just, like, well if you’re -- like that’s your choice. 6 You don’t have to. I was, like, but if I decided to, 7 like, make some tweets about, you know, basically the fact 8 that we’re not together, then that’s my choice too. And 9 he was, like, don’t be stupid. If you do that, like, I’m 10 just going to throw your stuff in the trash or -- and I’m 11 just, like, why would you say that. Like you know I spent 12 two weeks hand making that. Because I hand made him one 13 too and he had got it, like, when I gave him the other one 14 to give to the player in Japan. So it’s just, like, why 15 would you say that? Telling me don’t be stupid. Like 16 I’ll throw it in the trash and, you know, that’s the 17 threats that he makes to me. Like he’s been trying to 18 control me. And he just like -- my mother told him not to 19 come back. Now my mother didn’t want him to come back to 20 the house after he left the first time. So, like, this 21 was the end of April and my brother told him to not come 22 back and he came back to the house. So, like, I couldn’t 23 even stay at my mother’s house. All my stuff was over 24 there. I couldn’t go get it. Like there was no reason 25 for him to stay at my family’s house. He has money. He 19 1 has family. Like this is somebody who was sponsored by 2 one of the top sponsors in the US. Like they make 3 thousands of dollars from just one tournament. He gets 4 paid $1,300.00 a month because he’s -- because he was 5 sponsored. There’s no way that you don’t have money to 6 get your apartment and there’s no way you don’t know other 7 people in the community who can house you. And he came 8 back. Why, because he was telling people that he was 9 going to come into contact with me. There was no reason 10 for him to be at my house. When we broke up, I did not 11 want him around me. I did not want him at my house. He 12 kept coming around. This is -- he’s still doing the same 13 thing. 14 Q Is he still living there? 15 A Yeah. 16 Q But whose house is it? 17 A It’s my mother’s house. 18 Q Is it an owned house or a rental? 19 A It’s an old farmhouse. 20 Q Yeah, I mean she owns it? 21 A Oh, she owns it, yeah. 22 Q Then if she doesn’t want him there, why is he there? 23 A Because she’s very passive and she’s been abused herself 24 and her sister have been abused. And she makes excuses 25 for people who abuse people. She says, like, she has a 20 1 forgiving heart. So he’s taking advantage of the fact 2 that my father passed away recently and I had moved out 3 around the same time so, like, she didn’t have anyone 4 except for him. And he’s taking advantage of that. He 5 doesn’t pay any bills. He doesn’t -- he just lives there. 6 No rent -- doesn’t pay bills, doesn’t pay rent. She 7 complains to me that all he does is sleep all day and play 8 video games. He doesn’t clean or help out or anything 9 like that. So she doesn’t kick anybody out of her house. 10 Like even if they’re disrespectful. They have to leave on 11 their own even though she told him not to come back. Even 12 though my brother told him not to come back. He came back 13 and she just felt like she couldn’t turn him away because 14 she makes excuses for people because she was abused. 15 Q Okay. Is there anything else you’d like me to know? 16 A When he did come back, he stayed at my -- first he stayed 17 at my cousin’s house and he was telling my 12 year old 18 cousin, like her son, that I was, like, abusive to him and 19 that, like, I was, like trying to get him in trouble and 20 stuff like that. And that he was going to call the cops 21 on me if I didn’t stop. And I guess that’s, like, in 22 regards to me trying to get protection against him. So 23 he’s, like, telling this to a 12 year old. That’s the 24 first thing the 12 year old says to me when he sees me 25 this summer is just, like, hey, are you abusing Elliot 21 1 because he told me, you know. And it’s just, like, why 2 are you talking to a child about this. Why is a child 3 hearing this and why is he, like, telling me this. And he 4 told me the story, like, three times. And it didn’t 5 change. 6 Q Anything else? 7 A He just -- I don’t -- I just -- just that he has no, like, 8 regard for my safety and no regard for me at all. You 9 would think that he would just know to leave me alone and 10 to leave my family. And because he continues to harass me 11 and continues to make these tweets, like, when he made 12 that one about coming into contact with me soon, I knew he 13 was coming back to Flint and, like, in three or four days, 14 like, I ended up in the hospital again. I’ve been in the 15 hospital five times. They don’t necessarily know what’s 16 wrong with my heart. They just know that it’s related to 17 him and stress. And it’s -- this is affecting my health. 18 This is affecting my work. This is affecting my school. 19 I’ve been to the hospital so many times I had to, like, 20 miss lectures or miss exams because of this. Like my 21 blood pressure is 167 over 113. And I, like, hear the 22 doctor down the hallway, like, when he reads it say, is 23 that her blood pressure; like is that really her blood 24 pressure. And I have, like, now I’ve never had issues 25 with my heart. Now I have angina. Now I have arrhythmia. 22 1 Like I just go to sleep at night and I don’t know if I’m 2 going to wake up. I just think, like, is it worth it, 3 like, that somebody can do this to my heart. Like is this 4 worth it. I just feel it stop sometimes or like skip a 5 beat and I don’t -- it’s just, like, there’s nothing I can 6 do about it. Like they put -- they had to put me on beta 7 blockers. I’m only 28 years old. I shouldn’t have to be 8 on that. 9 Q Thank you. 10 THE COURT: Let me see, Mr. Oyarce, is there 11 anything you’d like me ask of Ms. Cleveland? 12 THE RESPONDENT: [Inaudible] 13 THE COURT: Otherwise I’m going to let you 14 testify if you wish. 15 THE RESPONDENT: No, that’s fine. 16 THE COURT: Ms. Cleveland, why don’t you go 17 ahead and have a seat. 18 (At 10:54 a.m., witness excused) 19 THE COURT: Ms. Cleveland, is there anyone else 20 you would like to testify that’s here that you brought? 21 THE PETITIONER: I didn’t bring anybody. 22 THE COURT: Okay. 23 THE PETITIONER: But -- so I guess I would say 24 no at this -- at this time. 25 THE COURT: Thank you. 23 1 Mr. Oyarce, do you wish to testify? 2 THE RESPONDENT: I’m sorry English is not my 3 first language. Testify means? 4 THE COURT: Go up -- 5 THE RESPOINDENT: Oh, yes. 6 THE COURT: -- and I’ll have you swear to tell 7 the truth -- 8 THE RESPONDENT: Yes. 9 THE COURT: -- and you’ll tell me -- 10 THE RESPONDENT: Yes. 11 THE COURT: -- what you’d like me to hear. 12 THE RESPOINDENT: Yes. 13 THE COURT: Come on up, please. 14 THE RESPONDENT: Can I bring this? 15 THE COURT: Yes. 16 Please raise your right hand and you’ll be sworn 17 in. 18 THE CLERK: Do you swear or affirm to tell the 19 truth, the whole truth, and nothing but the truth -- 20 THE RESPONDENT: Yes, I -- 21 THE CLERK: -- so help you God? 22 THE RESPONDENT: -- Yes, I do. 23 THE COURT: Please be seated and state your 24 name, please. 25 THE WITNESS: Elliot Bastien Carroza-Oyarce. 24 1 ELLIOT CARROZA-OYARCE 2 (At 10:55 a.m., called by and sworn by the 3 Court, testified as follows) 4 DIRECT EXAMINATION 5 BY THE COURT: 6 Q Mr. Oyarce, what would you like me to know? 7 A A lot of the things she said is actually not true and I 8 can prove it. So, like, I would like to, like, talk about 9 -- well, we’ll start with the house. The whole family. 10 So she’s saying that I came to the house no matter what. 11 Like even though I was told not to come. But I was only 12 told when I was already on my way to Michigan. So by 13 then, it was too late for me to go back. So when I got to 14 Michigan, her whole thing about me getting in physical 15 contact with her, it was based off the tweet in May which 16 I did say and I have a proof here. I will have to ask her 17 in person if she’s going to give it to me or not. That’s 18 only -- that’s what I said. But that I wasn’t expecting 19 her to be at the house. When I got back to the house, 20 they told me that no, Brittany has only been here one day 21 and she’s been at her aunt’s house. And I was, like, oh 22 well, you know, I thought she was going to be here. I 23 was, like, coming back to at least get my stuff that was 24 there. And she wasn’t so at that point, I was, like okay, 25 well I did ask them can I stay because she’s not here. 25 1 And they said it’s okay for now but you might have to 2 leave at some point because we don’t know what’s going on. 3 I have a witness to that I never tried to get in contact 4 with her. I never contacted her and the whole thing with 5 the tournaments that she’s talking about. So the whole 6 story started with we were -- there was a tournament it 7 was called Big House 8 and it was in October. And she was 8 okay with lying because she quit the community in 2012 9 because she said people were sexist, harassists (sic). 10 And I was, like, okay if you want to quit, that’s fine. 11 Like I was, like, bringing her to tournaments. Like I was 12 on a team with her at some tournaments like that. And so 13 then she quit. So then I was, like, okay, well I’m not 14 going to force you to stay. You can quit. She quit and 15 four years later when this game that I’m playing right now 16 got big, she got interested back into it. And there’s a 17 specific tournament, Big House 8 that I was talking about 18 in October. She met this guy. We’ll refer him as Larry 19 and she started liking him. And I guess because she was - 20 - at that point she was okay with the lie. Because I asked 21 her, are you okay with it and she said I don’t care. I 22 don’t care. And if she does tell me that then I was just 23 going to be, like, I’m not going to tell for now, but I 24 wasn’t telling anyone that I was with her. I would always 25 tell them, like, I’m -- I’m her best friend. And then she 26 1 got interested with that guy. And when she [Inaudible] 2 like that guy she started talking to me like, okay well 3 you need to tell him that we’re not together so I can get 4 a shot with him. And I did -- like, she did tell the guy 5 that we weren’t together anymore. But she did say that 6 she wanted to keep it secret as long as she could get with 7 that guy. And I was okay with it but during the whole 8 trip back home, that car -- that three hours carpool she 9 said, it’s not true that I was, like, telling myself I was 10 going to kill myself. That’s not what happened. What 11 happened is she was forcing me to hook her up with that 12 guy. And I kept telling her, like, I do have, like, I 13 still have those, like, little feelings that I used to 14 have for you but no, I’m not going to stop you from trying 15 to get with him. But I don’t think it’s right for me to 16 be forced to hook -- to tell him to like you. Like, you 17 know, what I mean. Like it was a forcing. Everything -- 18 everything that she’s been telling the whole, like, work 19 that she’s been doing everything has been forced on me. 20 She started this thing called Team Ally which was a 21 project we were working together. But I told her, like, 22 she was going to pharmacy school. This was in 2016. It 23 was, like, a few months after her dad died and it was, 24 like, really sad for us. And she was going to school that 25 year. And I told her, no, do not do this Team Ally stuff. 27 1 It’s going to be too much stress for you. And she -- from 2 that point she just ignored everything -- everything I 3 told her. She started, like, forcing projects on me. 4 Like you have to, like, take this date for this meeting. 5 You have to pick a date. I’m like well, I don’t know. I 6 might be traveling. I don’t know if I’ll make it. And 7 she was always, like, no you need -- you need to, like, 8 pick a date. So I was being forced to do work that I 9 didn’t want to do. She was always talk -- that above me. 10 Not doing the work that I never ask for. And then at that 11 point I was getting really sad because I wasn’t doing good 12 in tournaments. On top of that she was putting extra work 13 that I didn’t ask for. And on top of that she was always 14 blaming me for the things that weren’t done because, you 15 know, I’m doing this. I’m going to school. You should be 16 able to do this and that. And I’m, like, it’s true that 17 you’re putting a lot of work, but I never ask for this so 18 why -- why do I need to do it. Why are you getting mad at 19 me for things that are forced? So that, like, this whole 20 -- oh, and the Twitter thing, she mentioned that people 21 were harassing her. And that they were sent by me. I 22 think that’s what I read on the letter that she wrote. I 23 don’t think she understands, like, Twitter is a free 24 speech platform, social media. Anyone -- anyone that is 25 against her might attack her. I get people that attack me 28 1 too. Because she has a tweet, pin, on her account still 2 up today that is basically talking about what she’s talked 3 about. The whole abuse whatever. All that stuff I made a 4 defense statement and it was only to defend the points 5 that she made. And after I made my statement, everybody, 6 I guess, took a side. So people took my side. People 7 took her side. But it doesn’t mean people won’t harass 8 you. Because that are on my side and see the posts that 9 she has on Twitter and I’ve told her so many times her 10 mother has been telling her so many times that if you keep 11 up that tweet people are not okay with it. Are going to 12 go get you because they think it’s not true. And because 13 of that they attack her. And she’s lying about me, like, 14 sending those people I have, like, all the -- all DM’s. 15 DM’s are private messages that I got in contact since 16 April 4 and none of them -- and I don’t even know, like, I 17 don’t know what person sent her those messages. I would 18 like -- I would’ve liked to know. Because I have proof on 19 all the people that I spoke to and if it did match, like, 20 okay it would be true. But if it didn’t, then she would 21 be lying. Can I just look to just to remind me, like -- 22 Q Yes. 23 A Thank you. Oh, so there’s a -- the whole handle thing. 24 The Twitter account. So I have proof that she says -- do 25 I give it to you? 29 1 Q Well, why don’t you tell me what -- 2 A Okay, just what it says? 3 Q -- what’s said. 4 A Okay. So she says, “Dude give me back my Twitter log-in 5 so I can finish my job”. And I say, “What are you going 6 to do? It’s my account still”, the name. “It’s cool. I 7 only use your money for company expenses and some -- I 8 won’t be doing that and some -- I won’t be doing that I 9 won’t be using them”. Okay, well -- “I will have two 10 weeks left. You have to put in two weeks’ notice. I need 11 to talk to my peeps about their giveaways. I didn’t tell 12 them our people yet. I didn’t tell Genie that I mailed 13 his stuff and I was supposed to Friday.” I give her the 14 password. The password is nah, nah, nah. And then just, 15 like, ten minutes after I tell her, “Why did you change 16 the password? I’m getting sick of your games. I’m going 17 to contact Twitter”. And she says, “Because you did the 18 same to me and I don’t want you doing it again before my 19 two weeks are up.” And I tell her, “It’s my name. You 20 shouldn’t need to switch anything if you’re quitting.” 21 And she’s like, “Chill out. I didn’t do anything to you 22 or lock you out of anything of mine and you started 23 locking me out of my crap so I don’t finish my job”. And 24 then she just says, like, and I tell her, “You said you 25 quit so I changed it and whatever. I’m going to go 30 1 chill.” And she said, “Yeah, I quit.” So, like, I’m 2 just showing you here that the handle that she’s saying 3 that she had it was actually mine. She took it from me 4 because it had a lot of followers from my following. 5 People who follow the account because I was popular. And 6 I guess she decided to keep it that way she would have a 7 following. Also when she accuses of me the Twitter, me 8 trying to get her name illegally, the only time I tried to 9 get the account was legally and that’s when you contact 10 Twitter support. Twitter support, like, you can, like, 11 demand if someone is impersonating you or defaming you. 12 Just things that relate to it. They may or may not give 13 you that account and I didn’t go that far so I didn’t get 14 it. So I ended up changing my tag. And ever since that 15 day I’ve been just asking people, like, what name should I 16 use. Like “AllyOrNotAlly” is not mine so you can’t -- I 17 can’t use it. I have proof here too. So the whole thing 18 about the Twitter handle is also not true. I’m trying to 19 think of anything else she’s told about it. That’s proof 20 that I was on Twitter support. I am trying to remember, 21 like, the points that she made. I just need reminders. 22 Q Mr. Oyarce, when was it that you were last together with 23 Ms. Cleveland as a romantic couple? 24 A 2012 is when we broke up for good. 25 Q And why is it that you or Ms. Cleveland did not want to 31 1 make clear to people in the community that you were no 2 longer together as a romantic couple? 3 A Because I was scared that my parents would know. Because 4 they -- I was scared that they would tell, like, oh, why 5 are you going to the US. Like you’re not even her 6 boyfriend anymore. Like you have no reason to go. And 7 they did not support me back then for my gaming career. 8 So I was -- I was scared. But she was okay with it. Like 9 she never said, like, you have to tell them now. Because 10 she had quit the community. So that’s the reason I never 11 told the community. They would never, like, mention her. 12 If they did, I would definitely say that she was still my 13 best friend. 14 Q So the reason to not make clear to people that you weren’t 15 together as a couple, a romantic couple, was concern that 16 your family or your parents would not support you? And do 17 you mean financially in paying for some trips and things? 18 A No, Your Honor. It’s just, like, with just me going to 19 the US. Because I’m from Canada. 20 Q Right. 21 A And they were just not supportive of me playing video 22 games at the time in 2012. Because I wasn’t -- I wasn’t 23 as worth as now. And I was just scared that they would 24 just like put extra pressure because why would you go over 25 to someone’s house that you’re not even dating anymore. 32 1 So I was just -- it was like a thing that I could lose. 2 Basically me going to the US for tournaments and I didn’t 3 want to lose that. So I didn’t know how to, like, handle 4 that situation at that moment. And she -- even after we 5 broke up she still wanted to stay friends. She still let 6 me come to the house. Her parents were all fine. Her 7 family was okay with me staying there too. So this issue 8 only, like, came up, like, recently. In, like, in 2000 -- 9 it started in 2016, but it really begin in 2018 in 10 October. That’s when it really picked up. 11 Q Right. Thank you, Mr. Oyarce. 12 THE COURT: Ms. Cleveland, is there anything you 13 want me to ask of Mr. Oyarce? 14 THE PETITIONER: If you can you ask him if he 15 lied in his statement to the public about his suicide -- 16 his threats of suicide. 17 THE COURT: Mr. Oyarce, did you understand the 18 question? 19 THE RESPONDENT: Yes, I did. 20 THE COURT: And what’s your answer? 21 THE RESPOINDENT: I told them that I do 22 jokingly, like, say sometimes oh, my God, I’d rather play 23 this -- I’d rather kill myself than play this character in 24 the game that I play. So the jokes I do use them a lot. 25 But she knows that I was not going to do anything. She’s 33 1 known me for years. She’s not taken me seriously about 2 it. She’s only mentioned it once that, oh, suicide is not 3 -- it’s not a good thing to say. And it was in that one 4 post on my messages. But other than that she never took 5 those things seriously and the fact that she’s using this 6 now is just, like, I don’t know why, like, she’s suddenly 7 because this happened in 2018. The one that mattered a 8 lot is when it was during the whole, like, her liking the 9 guy blah, blah, blah. And that’s when it -- she was 10 really serious about it. 11 THE COURT: Ms. Cleveland, other questions? 12 THE PETITIONER: If you could ask him if he ever 13 threatened to kill himself if I broke up with him. 14 THE COURT: Mr. Oyarce? 15 THE RESONDENT: If I recall, well, In 2012 I was 16 really sad. I was depressed that she gave me the news 17 that after I left, I had just left the house, their house, 18 that she didn’t want to be together anymore and that she 19 was going to see someone else. I was depressed and I did 20 say, like, man it’s not worth living. You know, I was 21 really depressed. And even then we still kept talking. 22 Like I probably mentioned it, like, once. But we kept 23 talking and I just felt better afterwards. But that was 24 not -- like that did not stop her from dating the next 25 person that she was dating right after me. 34 1 THE COURT: Thank you. Ms. Cleveland, any other 2 questions? 3 THE PETITIONER: Yes. Ask -- if you could ask 4 him if he told anybody else about his suicidal ideations 5 the same night that he was crying in my car for three 6 hours. 7 THE COURT: Mr. Oyarce? 8 THE RESPONDENT: Can you be more specific? When 9 -- 10 THE PETITIONER: Did you tell Kavandre Thompson. 11 THE RESPONDENT: So you’re talking about 2018? 12 THE PETITIONER: Yes. 13 THE RESPONDENT: On the way back -- which 14 tournament? 15 THE PETITIONER: This was Canica. 16 THE RESPONDENT: Canica. Okay. You wanted to 17 know what? 18 THE PEITIONER: If you told Kavandre Thompson 19 that same night that you were considering suicide? 20 THE RESPONDENT: I’ll be honest. I do not 21 remember because during that whole car back you were just 22 forcing me to admit to Larry that I didn’t have any 23 feelings for you and that I should just tell him to date 24 you. That was basically the whole trip and that’s all you 25 went off on. You made me cry and you kept going on with 35 1 that even though I was crying telling you to stop. That I 2 didn’t feel good about it. It was basically just abusing 3 my feelings at that point when I was telling you to stop. 4 THE COURT: Ms. Cleveland, anything else? 5 THE PETITIONER: He did tell Kavandre Thompson. 6 THE COURT: No, you’re not testifying now. This 7 is time for questions. 8 THE PETITIONER: Oh. 9 THE COURT: I’ll let you follow-up in a minute. 10 THE PETITIONER: Okay. If you can ask him how 11 he’s had no contact with me. How has he told me to take 12 down my post? He said that he told me to take it down, 13 the pin tweet that I had, he told me to take it down. My 14 mother told me to take it down. So you can ask him if 15 he’s had no contact with me, how did he tell me that? 16 THE COURT: Mr. Oyarce? 17 THE RESPONDENT: So I think her mother was 18 telling me how this whole issue going out on Twitter, this 19 whole war, and her being like a [inaudible] at people and 20 I was just giving tips to her. I did not tell her, like, 21 you need to take it down. No. I was just telling her, 22 like, well Brittany has that post, that Twit -- that pin 23 tweet on her account. I’m just telling her that people 24 will harass her and people will probably bother her on 25 their own if they see that post. So I was just telling 36 1 her mother that, like, I couldn’t speak to her. So I 2 couldn’t tell her anything. I was blocked from anything. 3 I blocked her too on this -- on everything. So I was just 4 telling her mother, like, how the situation is on Twitter. 5 If someone is against whatever they see, they’re going to 6 go against her and they’re going to harass you. And I was 7 giving tips that she should probably take it down if she 8 doesn’t want to be harassed and if she wants to grow up -- 9 grow her streaming and her, like, campaign she was doing. 10 That was it. 11 THE COURT: Okay. Thank you. Ms. Cleveland, 12 anything else? 13 THE PETITIONER: If you can ask him -- sorry. I 14 just -- sorry my heart -- my heart rate is up really high. 15 I’m sorry. 16 THE COURT: It’s all right. 17 THE PETITIONER: If I can just have a second. 18 If you can ask him in his statement why he would even -- I 19 mean I guess, like, if it’s misleading to say that the 20 suicide -- like why would you even -- so it’s like being a 21 joke. Like is that misleading? Like in his statement he 22 said he jokes around with suicide. If you can ask him if 23 that was to be misleading about the fact that he was 24 serious about the suicide threats. 25 THE COURT: Mr. Oyarce, anything else you have 37 1 to add about the suicide issue? 2 THE RESPONDENT: I’m trying to, like, understand 3 what she actually just said. Can I -- 4 THE COURT: I take it as that were your joke -- 5 your claim that you were just joking, not serious about 6 suicide, was that really meant to cover-up the fact and to 7 hide the fact that you were serious about suicide. 8 THE RESPONDENT: Oh. Your Honor, no. It wasn’t 9 serious. It was like I do have dark humor jokes sometimes 10 because just with the people that I hang out. But I was 11 telling, like, if I remember well what I said was, oh, if 12 you dated like someone that -- that was, like, horrible, 13 like I would kill myself. I did say that. I agree. I did 14 say that, but it was more like, oh, it would be, like, 15 horrible. Like, it would be, like, disastrous for me. 16 Especially since, like, I used to protect her during the 17 community. Like she used to support me during the 18 tournaments and people would, like, talk a lot of smack 19 on-line about her. And I was the one person defending 20 her. So I didn’t -- I just didn’t want her to, like, fall 21 into those people that were, like, attacking her back 22 then. 23 THE COURT: Thank you. Ms. Cleveland, anything 24 else? 25 THE PETITIONER: If you can ask him what -- what 38 1 his response was when I came to him saying that suicide is 2 not a joke. You shouldn’t be -- 3 THE COURT: Nope. You know what, we’re -- I 4 understand the suicide issue. 5 THE PETITIONER: Okay. 6 THE COURT: So do you have anything else besides 7 the suicide topic? 8 THE PETITIONER: The sexual assault. If you can 9 ask him if he forcibly kissed me even though I was saying 10 no. 11 THE COURT: And when about are you saying this 12 happened the last time? 13 THE PETITIONER: This was it’d have to be 2011 14 or 2012. 15 THE COURT: Yeah, I’m not going to judge that 16 six or seven years later in a personal protection order. 17 It’s not appropriate. Anything else you want to ask? 18 THE PETITIONER: If he -- if he ask Kavandre 19 Thompson to write a statement about the situation in his 20 favor? 21 THE COURT: What do you mean by that? 22 THE PETITIONER: He -- Kavandre Thompson put out 23 a statement saying that it was unbiased but it was clearly 24 slanted towards Elliot. But he made everyone think that 25 he came up with this idea to do it on his own. 39 1 THE COURT: To do what? What was in the 2 statement? 3 THE PETITIONER: He was -- he basically just 4 kind of, like, said that oh, this is just, like, a bad 5 relationship and he was saying, like, that I was just 6 trying to get with this one player and I guess me and the 7 player liked each other. But, like -- but that, like, all 8 the stuff that I was claiming about, like, the abuse and 9 stuff it wasn’t true. Like he was saying I wasn’t 10 sexually harassed. He was saying I wasn’t sexually 11 assaulted. He was making claims that he had no business 12 making because he doesn’t know, like, the full history. 13 And it was clearly slanted in Elliot’s favor and he put it 14 out saying it was unbiased and put it out as if he decided 15 to put it out himself without being asked to do it. 16 THE COURT: I think that’s going to be difficult 17 without having Kavandre here to address that. Do you have 18 other questions? 19 THE PETITIONER: I guess if you just want me to 20 do the follow-up I can do the follow-up. 21 THE COURT: Yeah, that would be fine. 22 THE PETITIONER: I guess the thing about the 23 Kavandre Thompson thing is that he personally told me that 24 -- 25 THE COURT: We’ll let you testify in a minute. 40 1 Do you have any other questions? 2 THE PETITIONER: Oh, no. No. 3 THE COURT: All right. Thank you. Mr. Oyarce, 4 you may step down. 5 (At 11:18 a.m., witness excused) 6 THE COURT: Mr. Oyarce, do you have any other 7 witnesses to testify or to give information to me? 8 THE RESPONDENT: Yes, I do. 9 THE COURT: Who is that? 10 THE RESPONDENT: Webster Cleveland; her brother. 11 THE COURT: Okay. Is that you, Mr. Cleveland? 12 MR. CLEVELAND: Yes, Your Honor. 13 THE COURT: Come on up, please. Before you take 14 a seat, let’s have you raise your right hand and you’ll be 15 sworn in by our clerk, please. 16 THE CLERK: Do you swear or affirm to tell the 17 truth, the whole truth, and nothing but the truth so help 18 you God? 19 MR. CLEVELAND: Yes, I do. 20 THE COURT: Please be seated. 21 WEBSTER CLEVELAND 22 (At 11:19 a.m., called by and sworn by the 23 Court, testified as follows) 24 DIRECT EXAMINATION 25 BY THE COURT: 41