Sowell

FACTS

Sowell and Garcia are former employees of SunLine. Garcia posted videos on

social media with fake images of violence against current and former SunLine

employees. One video showed SunLine employees, including Sowell, “being punched

in the face by the [‘B]reaking [B]ad[’] character Walter White.” Garcia also posted a

video of a SunLine employee being followed on his/her commute home.

At the start of the evidentiary hearing, the trial court announced that Sowell

would present her evidence, and after Sowell “presented [her] side of the case,” then

Garcia could “address the Court.” As Sowell’s attorney finished his direct examinations

of Sowell’s first, second, and fourth witnesses, each time the trial court said, “Next

witness, please.” The trial court never invited Garcia to cross-examine Sowell’s

witnesses. When Sowell rested, Garcia asked, “Your Honor, are we allowed to cross-

2 examine?” The trial court responded, “You’ll address the Court.” Garcia presented

argument and documents to the court; he did not call witnesses.

DISCUSSION

A. CROSS-EXAMINATION

Garcia contends the trial court erred by not permitting him to cross-examine

Sowell’s…