IN THE MATTER OF

State of Florida
vs
Gary M. Hilton
Transcript of Depostion of

Jana Tabor
Volume I
On September 24, 2010

_______________________________________
Reported by Kimberly A. Stewart
Certified Court Reporter
___________________________________________

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Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

1
IN THE CIRCUIT COURT OF THE
SECOND JUDICIAL CIRCUIT, IN
AND FOR LEON COUNTY, FLORIDA
STATE OF FLORIDA,
Plaintiff,
vs.

SPN: 197149

GARY MICHAEL HILTON,

Defendant.
- - Deposition of JANA TABOR,
Taken by Maria Ines Suber,
Before Kimberly A. Stewart,
Certified Court Reporter,
At the City of Duluth Public Safety Building,
Duluth, Georgia,
On Friday, September 24, 2010,
Beginning at 2:27 p.m. & ending at 2:57 p.m.
- - -

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Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

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APPEARANCES OF COUNSEL

For the Plaintiff:

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GEORGIA CAPPLEMAN (via telephone)

Office of the State Attorney
Suite 475
Leon County Courthouse
301 South Monroe Street
Tallahassee, FL 32301
850.606.1000
For the Defendant:
MARIA INES SUBER
ROBERT FRIEDMAN (via telephone)
Office of the Public Defender
Suite 401
Leon County Courthouse
301 South Monroe Street
Tallahassee, FL 32301
850.606.1000

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State of Florida vs Gary M. Hilton

September 24, 2010

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INDEX TO PROCEEDINGS

EXAMINATION INDEX

JANA TABOR

Examination by Ms. Suber

Examination by Mr. Friedman

24

Errata Sheet

26

Certificate Page

28

(End of Index)

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State of Florida vs Gary M. Hilton

September 24, 2010

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September 24, 2010

2:27 p.m.
(Whereupon the reporter provided a written
disclosure to all counsel pursuant to OCGA
9-11-28.)
JANA TABOR,
being first duly sworn, was examined and
testified as follows:
EXAMINATION
BY MS. SUBER:
Q Would you please tell us your name.
A Jana Tabor.
Q And are you employed?
A No.
Q Are you a licensed attorney?
A Yes.
Q Are you self-employed, though?
A No.
Q So you don't practice?
A Not at this time, no.
MS. CAPPLEMAN: I'm sorry. Jan says
that your secretary is trying to patch me through,
so I'm trying to get her to call my work line so
that I can get off the cell and save your battery.
MS. SUBER: Okay. But it will not

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MS. SUBER: Excuse me. This is going

to teach us a lesson. I'm going to put this on
the speakerphone, okay?
MS. DORN: Hold on. Let me get
Georgia on the phone.
MS. SUBER: Well, I'm sorry. Faye?
MS. DORN: Yes.
MS. SUBER: I am sorry, but I cannot
make -- I cannot allow this witness to stay here
simply because we have no connections. Okay? So
what do you want me to do, just put it -MS. DORN: You just hold on for just a
minute.
MS. SUBER: Okay.
MS. DORN: Don't do anything.
MS. SUBER: Okay.
MS. DORN: Okay.
Q Anyway, how is it that you got to meet
him?
MS. DORN: Georgia, are you still
there?
MS. CAPPLEMAN: I'm still here.
MS. DORN: Go ahead.
Q How is it that you got to personally
meet Mr. Hilton?

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save my battery because they are calling my cell

phone anyway, so I'm going to hang up. Bye-bye.
(Whereupon the speaker phone connection was
discontinued.)
Q My name is Ines Suber. I'm a
court-appointed attorney for Mr. Hilton. And I
wanted to talk to you because your name surfaced
in some documents, the press documents especially,
and I wanted to have an opportunity to talk to
you.
A Okay.
Q Do you know Gary Hilton?
A I do.
Q How did you meet Mr. Hilton?
A I met Mr. Hilton because he was
working for my husband's company.
Q And what kind of company was it?
A It's a construction company.
Insulated Wall Systems was the name of it.
Q Were you working with the company too?
A No.
Q And what was he doing? To your
knowledge, what was he doing?
(Whereupon the speaker phone connection was
activated.)

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A I met him because I was living -- for

a short period of time, while my home was being
built in 1997, I lived in the office -- it's a
house -- but the office where he worked.
Q Did you have any conversations with
him?
A Yes.
Q What type of conversations did you
guys have? What did you guys talk about?
A Nothing important. I mean, he worked.
I was there at night after I got off of work -this was probably for a couple of weeks -- and he
was telemarketing, so I was in the same room with
him.
So I just had casual conversations
with him. I don't remember. It's been 13 years,
but that's basically how I came to know who he
was.
Q Other than those interactions that you
had with him, how long do you think that you
stayed there at that business home location before
you moved to your actual home?
A At that time, I'm not certain. But if
I was guessing, I would say a couple of weeks.
Q Did you know at that time where
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State of Florida vs Gary M. Hilton

September 24, 2010

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Mr. Hilton was actually living?

A No.
Q But he did not stay in that office -A No.
Q -- in that home?
A No. Not at that time, no.
Q Did he have a dog with him at all
times?
A He did.
Q And could you tell me what was his
interaction with the dog or -A He was very close with the dog. The
dog was always well-behaved. And it was just -it was a constant companion.
Q Were there other employees there at
the -- that were telemarketing?
A At that time, no, not that I recall,
no.
Q So it was only him?
A As well as I recall, at that point.
For the time that I was actually physically
present in the office, he was the only one.
Q And what happened after you moved to
your -- your home was now fixed, and you moved
back to your home. Did you have any interaction?

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Q He was always very pleasant to you?

A Yes.
Q Very respectful of you?
A Yes. I mean, yes.
Q And he would bring -- he would come
and bring the mail. And that was because your
husband now was allowing him to live at that
business, residence, the business, right, in the
area?
A I think sometimes he stayed there. I
couldn't tell you what the circumstance was, but
he -- because he did telemarketing and he
delivered fliers and whatnot for my husband, he
also had the task of getting the mail from the
office and bringing it. And so that's the only -that's all I know about it.
Q Did he ever tell you, for example, did
you ever know that he used to go hiking in the
woods, in the mountains, and all that?
A That he told me?
Q Yes.
A I could not tell you whether he told
me that or not. I was aware that he did.
Q Okay.
A But I can't tell you if he told me

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Did you continue to have any interaction with

Mr. Hilton?
A Occasionally, not often.
Q And how is it that you guys got to
have interaction?
A The only reason that I had any
interaction with Gary was because at some point, I
cannot tell you the year or how it came to be, my
husband no longer went to work at the Clairmont
Road office. He ran his business, and he still
does, out of our home.
And so on occasion, and it did not
seem to be systematic, but there were occasions
when Gary would come our home and leave the mail
outside of our house, either by the front door or
by the garage door. He didn't come to the door or
ring the doorbell or anything like that. He just
would come and drop it off.
And if I happen to be outside or
something like that, I might encounter him. It
was just sheer coincidence that I encountered him.
Q If during those periods that maybe you
encountered him, how was your interaction with
him?
A He was always very pleasant.

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that or not.
Q Did you ever notice a change in his -in the way -- in his behavior and in his demeanor?
A No.
Q I noticed that you, when he was
arrested for the Emerson, the Georgia murder, that
you talked to the press?
A Yes. I talked to a reporter for The
Atlanta Journal-Constitution.
Q And when you talked to that reporter,
at least they are making references that you said
that Mr. Hilton was being treated by a doctor who
was prescribing Ritalin for him.
A I did say that. That was not
something I had personal knowledge of. That was
something my husband told me during the context of
the Emerson -- what was going on in that time
frame, and that's why I said that.
I talked to the reporter solely
because misinformation had been printed the night
before in the paper.
Q What misinformation? Do you
recollect?
A Yes. The night before, there was an
article which indicated that Mr. Hilton had been

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State of Florida vs Gary M. Hilton

September 24, 2010

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working on construction projects on behalf of my

husband, and he had never done that. And in an
effort -- the article was very derogatory.
And in an effort to rectify that, my
husband had basically done television interviews
all day that day. While he was doing that, I
spoke with another newspaper reporter in an effort
to correct that, and I was misled.
I told this fellow, you know, I'm
going to tell you these things, do not put my name
in the paper, I'm not giving you a statement, and
he did it anyway. So that's how that came to be.
It was not my personal knowledge.
This was what he had -- this is something that
he -- my husband had told me.
Q And you indicated to the news also
something like Mr. Hilton's behavior had been like
bizarre, that he had pulled his teeth and all of
that. Do you recollect you saying that to the
press?
A Yes. Yes. I think that's part of the
statement. Again, I should say that before the
Emerson matter, I personally had not seen Gary in
probably over -- well, with the exception of one
time --

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Q Do you recollect how he was dressed

that day?
A He was dressed like he was always
dressed. He was wearing -- every time I think I
ever saw him, he tended to have on some sort of -I don't know if you would call it outdoor-wear or
athletic wear or how to describe it. I don't, you
know, exactly remember, but he either had on
shorts or pants and just a short-sleeved shirt.
Q Were you aware that Mr. Hilton had
threatened to kill your husband?
A When?
Q Right before he came to your house to
pick up those $2,500 -A No.
Q -- check?
A No. I later knew it, but I did not
know it right then.
Q Did you happen to listen to the voice
messages that he left on Mr. Tabor's business
phone?
A I did.
Q What were those messages about? Do
you recollect?
A They weren't about anything. They

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Q Okay.
A -- in over a year, maybe a year and a
half. So I didn't have any framework at all about
what was going on. In September of 2007, I had
one occasion to see him at my front door.
Q What was that occasion?
A He apparently came to -- he was
demanding money. And he had come to pick up money
that my husband had apparently told him he would
leave a check at our front door. And I happened
to be at home and was standing on the other side
of the door from him.
Q How was his demeanor then that day?
A Well, I didn't have any conversation
with him.
Q What did you -A I witnessed him pick it up, open it,
and scream.
Q What did he scream?
A "No."
Q He said, "no"?
A "No."
Q Okay.
A He tore it up, and he walked off into
the woods.

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were ramblings.
Q What do you mean "ramblings"?
A It was definitely Gary's voice, which
is very distinctive. And he was, I mean, it's
been a long time, and I listened to them once.
But he was just saying things like,
you know to do the right thing. It didn't make
any sense. It was just these incessant ramblings
about doing the right thing. That's all I really
remember was him saying, do the right thing. You
know to do the right thing.
Q Did you notice that his voice during
those recordings was completely different than the
voice that he had when you had those pleasant
conversations occasionally?
A I'm not sure I know what you mean by
different.
Q Were you surprised to hear Mr. Hilton
rambling like that in the phone because of your
experience that he had been pleasant towards you
and polite in the past when you guys -A Well, Gary always liked to talk. So
he was a talker. And he talked quickly. And it
was the same cadence in his voice. I think the
subject was a little different. Like I said, it
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September 24, 2010

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didn't really make good sense to me. But other

than that, I mean, it sounded like him, but -Q Could you tell, though, that his
mental status had changed? Did you have any
conversations about that?
A With whom?
Q With your husband, that there was a
change in his mental well-being.
A After he came to our home that night,
he told me that for some period of time he had
been acting quite strangely.
Q Did he tell you why?
A I don't think he knew why. He told me
at some point he had been physically ill. And
after that illness, he just had seemed to be just
very strange, and he wouldn't work. He kept
asking for money and saying he was going to return
to work, but he would not work.
Q And I guess you were aware that
Mr. Hilton was taking Ritalin?
A Again, I would have had no personal
knowledge of that. I believe the first time I was
aware of that was in context of talking to him
after Ms. Emerson went missing.
Q You talked to --

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A No. I did not know who the doctor was

or anything, so no.
Q Are you aware that as a result of you
talking to that reporter that Mr. Hilton's doctor
that prescribed Ritalin to him was disciplined by
the Georgia Medical Board?
A No. No, I was not aware of that.
Like I said, I didn't even know who the person
was.
Q How did you know that he was pulling
his teeth? Mr. Hilton had pulled his teeth.
Where did you hear that from?
A From John. I believe back when he
came to our door that night in September, I
believe at that point he told me that -- when he
was describing what had gone on with Gary, he told
me that he had pulled some of his teeth with
pliers.
Q And do you know that -- did you know
that Mr. Hilton had lost his dog, Ranger, the one
that you said he was very well-behaved at the
office?
A Yes. I happened to know. That was
probably the only personal thing I knew about him
was that at some point Ranger died. And then he

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A John Tabor.
Q Okay.
A But until that point, I don't know
that I had a conversation specifically about
Ritalin, no.
Q Did you tell the reporter that he was
being prescribed Ritalin by that quack doctor or
whatever. I don't know how to pronounce it.
A I think, I think that's what was
printed, something like that. Again, that was
merely a parrot of what my husband had said.
I had no personal knowledge of any of
that. He just had said something to the effect of
there was a doctor prescribing him gross amounts
of Ritalin, which I guess in his opinion he
thought was kind of foolish.
So I think he used that term. I used
that term to the reporter. Again, I never
intended anything that I said would be published.
It was -- I was misled, so I didn't mean to be in
the newspaper.
Q That's what I try. I try not to be in
the newspaper too. But were you aware that as a
result of your talk to the reporter, Mr. Hilton's
doctor, Dr. Delcher, was investigated?
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got -- he got the second dog.

Q Was Mr. Hilton depressed because
Ranger had died?
A It's probably the only substantive
conversation I really ever had with Gary. At some
point, I had occasion to speak to him on the
telephone. There was a period of time when he
would call looking for my husband, our home many
years ago. Then he didn't do that anymore.
But he did, and I -- my husband, I
guess, had said that Ranger had died. And I said
something to the effect of, you know, I'm sorry
about your dog. And, you know, my experience is
you just need to get another one. And he did
so -Q Did he cry for Ranger when you had
that conversation?
A That conversation was on the phone. I
don't know. I just, I just remember saying that
to him about he should get another dog.
Q And what did Mr. Hilton say? Do you
recollect?
A I don't remember in that conversation
what he said, if it -- I'm sure he said something,
but I don't know. It's a long time ago.

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Q So if you were to describe Mr. Hilton

to someone based on your interaction that you had
with Mr. Hilton personally, how would you describe
him?
A He was very antisocial.
Q Why do you say that?
A I don't -- just from the things I knew
about him in passing and the way he worked. He
was always by himself with the dog.
Q And what else?
A He was very personable to me. He
always seemed upbeat. I think he did a fairly
good job of talking to folks on the phone.
I mean, I know he did a good job of
that for my husband, or he wouldn't have been
around all those years, but he was a loner.
Q Is that why you called him antisocial
because he was a loner?
A Yeah. I guess that's what I mean. I
don't think he was a typical person in the way he
lived. He kept very much to himself, and then it
was just him and his dog.
But, again, over the course of those
10 or 11 years, I personally encountered him maybe
two dozen times, and that's it.

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no. So, no, he was not, but it was just odd.

Q In other words, he had changed?
A Well, I can say I never saw him do
that before. But that would be my only personal
experience with him for, you know, like I said, at
least a year before that. And it was a little
off-putting, but -Q After that September day in 2007 that
he came to your front door, did you ever talk to
Mr. Hilton again?
A No.
Q Did you ever see him anywhere?
A Only on television.
Q And how many times have you talked to
the reporters?
A Just that one, that one Atlanta
Journal reporter, that's the only person I ever
talked to.
Q And you have not had any other
interaction with Mr. Hilton at all?
A No.
Q Other than having knowledge that he
was taking big amounts of Ritalin, were you also
aware that he was taking any other medications?
A No.

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Q During those encounters or during your

interaction that you had with Mr. Hilton, you
personally, did he cause you any alarm that he was
a person that -- that he -- violent or anything of
that nature?
A Not until the night in September of
2007 when he was at the front door. Until that
time, no.
Q What did he do at the front door to
make you think that he was being violent?
A I don't necessarily mean that my
reaction was because I thought he was violent. I
thought it was extremely odd that he would come
and screaming outside my front door.
He's literally standing as close as
you are to me, and there was only a door between
us which was glass. And, typically, when he came
to our home to drop off the mail, he would just
stop in the street. His van was nowhere to be
seen. He had clearly come from somewhere else. I
don't know what he did. I don't know how he got
there, but -Q Was he threatening? Was he being
belligerent?
A The only word I ever heard him say was
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Q No?
A (Shakes head negatively.)
Q So you don't have any really personal
knowledge as to the medications -A No.
Q -- that he was taking. What you know
is what your husband will tell you?
A That's correct.
Q And that you told the police -- not
the police. Did you talk to the police, by the
way?
A No.
Q They didn't interview you?
A No.
Q You know Mr. Hilton during a period of
time that I never knew Mr. Hilton. Is there
anything that I have not asked that would shed
light as to how Mr. Hilton was at the time when he
work around you, you guys, your husband?
A Not that I can think of.
Q Did you know him to do drugs or
alcohol?
A No. I mean, like I said, I had very
limited contact with him. I mean, his whatever -I would have no knowledge of that.
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MS. SUBER: I don't think I have any

other questions. I don't know if Rob Friedman -Rob Friedman, are you in the background?
MR. FRIEDMAN: I am. I am here when
Faye put me on. I just have one question.
EXAMINATION
BY MR. FRIEDMAN:
Q Ms. Tabor, I'm one of the other
attorneys on the case representing Mr. Hilton.
Do you recall ever making a statement
that Mr. Hilton had one of those upbeat, energetic
personalities and just make it warp speed, made
him crazy with respect to the Ritalin?
A I think that's part of what you read
in the newspaper.
Q Right.
A Gary was always, to my knowledge, a -he was always like a little Energizer bunny. He
was always going, going, going. He was always
that way. He was sort of phrenetic. He was never
a calm person, in my experience.
Q So based on your observations, when
you heard about the Ritalin, did you observe him
to be more than just energetic, but a little
crazy?

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I, JANA TABOR, Deponent,

do hereby certify that I have read the foregoing
deposition, and the same is a true and accurate
transcript of my testimony, except for the changes
listed below, if any.
PAGE/LINE/CHANGE
REASON
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
________________________________________________
If additional space is needed, please attach
separate sheet(s) and indicate number of
additional page(s) here:______
_______________________________________
JANA TABOR, Deponent

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_________________________________(Notary Public)
Date Notarized: _______________________________
My Commission Expires: ________________________
Donovan Reporting, P.C. FAX 770-428-5801
237 Roswell Street, Marietta, Georgia 30060
Date of Deposition: 9-24-2010 CR: KS

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

A I don't know that I ever observed him

on Ritalin. I mean, you've got to remember that
the reporter took what I said, who wasn't even
supposed to say my name, and he -- basically, the
Journal did another story without good foundation.
So you have to just take what was
printed there with that understanding. I've told
you the time, you know, within the last -- in
2007, I saw him once. And before then, it was
probably 2006, maybe 2005.
And so my personal knowledge would be
years before, and he was always very phrenetic.
He was just always on. He talked a lot. But to
me, he was always very pleasant.
MR. FRIEDMAN: I don't have any other
questions.
MS. CAPPLEMAN: No questions.
MS. SUBER: Thank you. I'm going to
shut my cell phone. Bye-bye, you guys.
(Deposition adjourned, 2:57 p.m.)

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Pursuant to Article 10.B of the Rules and

Regulations of the Board of Court Reporting of
the Judicial Council of Georgia, I make the
following disclosure:
I am a Georgia Certified Court Reporter here as
a representative of Donovan Reporting, PC. I am
not disqualified for a relationship of interest
under the provisions of OCGA 9-11-28(c).
Donovan Reporting, PC, was hired to provide court
reporting services for this deposition.
Donovan Reporting, PC, will not be taking this
deposition under any contract prohibited by
OCGA 15-14-37 (a) and (b).
Donovan Reporting, PC, has no exclusive contract
to provide reporting services with any party to
the case, any counsel in the case, or any
reporter or reporting agency for whom a
referral might have been made to cover this
deposition. Donovan Reporting, PC, will charge
its usual and customary rates to all parties in
the case, except as may be otherwise agreed
to on a case-by-case basis.

770.499.7499

79a9aa53-1ade-40fc-91aa-80ef190bf375

Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

10 (Page 28)
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CERTIFICATE
GEORGIA
COBB COUNTY
I hereby certify that the above and
foregoing pages 1 through 28
are a true, complete, correct, and exact
transcript of my shorthand notes taken in
the above-referenced matter;
That same constitutes a true,
complete, correct, and exact record of the
above-referenced matter;
That same was transcribed through
computer-assisted transcription;
That I am not of kin or counsel to any
of the attorneys or parties, nor am I in the
regular employ of any of the attorneys or
parties;
This 6th day of October, 2010.

_______________________________
KIMBERLY A. STEWART, B-1922
Certified Court Reporter

Donovan Reporting & Video Conferencing

Electronically signed by Kimberly Stewart (001-389-206-4070)

770.499.7499

79a9aa53-1ade-40fc-91aa-80ef190bf375

Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

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770.499.7499

Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

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770.499.7499

Jana Tabor

State of Florida vs Gary M. Hilton

September 24, 2010

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770.499.7499

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State of Florida vs Gary M. Hilton

September 24, 2010

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work 4:23 7:11 9:9
16:16,18,18 23:19
worked 7:4,10 20:8
working 5:16,20 12:1
wouldn't 16:16 20:15
written 4:3
Y
Yeah 20:19
year 9:8 13:2,2 22:6
years 7:16 19:9 20:16
20:24 25:12

475 2:4
6
6th 28:18
7
770-428-5801 26:24
8
850.606.1000 2:6,11
9
9-11-28 4:5
9-11-28(c) 27:8
9-24-2010 26:25

$
$2,500 14:14
1
1 28:5
10 20:24
10.B 27:1
11 20:24
13 7:16
15-14-37 27:13
197149 1:4
1997 7:3
2
2:27 1:13 4:2
2:57 1:13 25:20
2005 25:10
2006 25:10
2007 13:4 21:7 22:8
25:9
2010 1:12 4:1 28:18
237 26:24
24 1:12 3:5 4:1
26 3:6
28 3:7 28:5
3
30060 26:24
301 2:5,10
32301 2:5,11
4
4 3:4
401 2:9
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