Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 1 of 13 Page ID #:2385 I, Brent Berry, being duly sworn, depose and state: I I am over the age of eighteen, suffer no legal disabilities, have personal knowledge of the facts set forth below, and am competent to testify. 2 I am a resident of Andover, MN. 3 1 have known Alan Cooper ("Alan") since 2006. 4 1 consider myself a close confidant of Alan's and have assisted him in various personal matters over the years. 5 I introduced Alan to Mr. Steele and brokered the arrangement whereby Alan could live at Mr. Steele's property for fate in exchange for basic caretaking services. 6 1 have had many occasions to see Alan and interact with him since the time he became a caretaker at Mr. Steele's cabin property in McGrath, Minnesota. Alan lived in the guest cabin about 100 yards from Mr. Steele's main cabin. 7 During the first few years of observing of Alan, I would say he appeared to behave pretty responsibly towards Mr. Steele s property. 8 On several dates, I had occasion to be present when Mr. Steele and Alan would speak about various matters. Normally this occurred while we were sitting around campfire located between the two cabins. 9 Alan and Mr. Steele seemed to have a very good realtionship and Alan would routinely ask John how he wished he could help Mr. Steele for all the things Mr. Steele did for Alan, such as allowing him to live on the property for free. 10 It was clear from their conversations and references to Mr. Steele's legal work that Alan was involved working with Mr. Steele. Alan did not seem upset about this relationship, and in fact often made jokes about not having to worry about ever buying beer again due to his assisting Mr. Steele. 11 I remember Mr. Steele at various times asking Alan to assist him with certain paperwork and I never saw Alan objecting to this assistance. 12 On at least one occasion. I recall Alan asking John, "How's my porn company doing?" 13 Beginning in late 2011, Alan began exhibiting unusual behavior on various occasions when I was visiting the property. Alan began acting erratic, frequently threatening to hurt others. 14 On several occasions, Alan bragged that "If I pissed him off, they would never find my body, just like the others" 15 Due to Alan's strange behavior, I began to minimize my contacts with him unless others were around. Although I still consider Alan a very good person and a fiiend to this day, on some days he acted like a completely different person and extremely agitated. I later found out from Alan that the days he had acted very unusual were the ones in which he had not taken certain antipsychotic medication his doctor had prescribed. Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 2 of 13 Page ID #:2386 1 6 I was hired by John Steele to sell his log home at auction in the summer of 2012. The auction was to be held September 29, 2012. 17 During the summer I had to enter Mr. Steele's property frequently to allow access to handymen and prospective buyers. Alan was still living in the guest cabin at that time. 18 Almost immediately 1 became aware that Alan's mental state had further deteriorated and felt very uncomfortable to be alone around him. 19 On approximately August 13th of 2012, I went to Mr. Steele's property to prepare it for a potential buyer. My girlfriend was with me on this trip. Alan came out of his cabin and was clearly in an extremely agitated state. Before I could even speak with him, he began threatening to hurt me. Due to the manner in which made the threats were made, his comments about past violence, I felt in fear for my life. 20 I immediately called John Steele and told him what happened and that I could not show the property under these conditions. I contacted the Aitkin County police department to report what had happened. Due to Mr. Steele's request, I did not follow through with filing charges. 21 Alan has sent me a variety of bizarre text messages, accurate copies of which are attached in Exhibit A hereto. In these text messages, Alan threatened to shoot me, indicated that he was removing wood from Mr. Steele's property, explained that he had some mental disorder(s), and apologized for his bizarre behavior. 22 Although Alan requested in his texts that I go to his doctor that was treating him for his mental illness. 23 Alan indicated that if I entered the property he would shoot me. Although Alan stated he would only shoot me in the foot, I felt out of an abundance of caution not to trust his assurance that he would only shoot me in a non-critical part of my body. 24 Regrettably I have not had much interaction with Mr. Cooper in the past few months and am concerned that he is not getting the medical treatment that he himself has stated he needs in various conversations and texts. B ret-lirry STATE OF MINNESOTA COUNTY OF The foregoing instrument was acknowledged before me this 15th day of February, 2013. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) a- SIGNA RE OF NOTARY OR ALTITIORIZED OFFICIAL My Commission Expires: / 2 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 3 of 13 Page ID #:2387 I wilt A- i-nailk II 4 shi sake a at leh\st. I am s9rry 4 bon messitd up in Hip head. I know how I think is not right. want 2 6e a non messed up person. nd don't worry 4i4 . about hav g 2 many. Its nat. 4 e' easy 2 dea with a craz person. U we Sep 6, 2012 11:00 1' Q-r- a good guy Alan RJ know ' it, But things have changed to $.ay the least . I wip do what t u and shi.f th.ink u RA fear* about ptiolile .1oososo11/Mmls 4 utimeare shout avetv 3 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 4 of 13 Page ID #:2388 4 3".... 8 Akt' * T-11 .avero.o .10, azges ba01 .77r7114 FWD - Ar; toN _ ,) o 11 Edit - 4 411 Np7-.o grid ,petter pers9, life. filefettel ik about ithe doct9r thing. Lill at test I:4\ hone with Wet. Mabe get the right drug thIS time. $ep 8, 1 201210;48 PM .4 k-iey it's takes a loft? rne tis far and I.!rn sorry for toniny that cne ni t J (CO tomrn - ..11111 k o sos o wilL And thank u shi's - 114,1, am sorry 4 being 5$d up in Ole head. 1 44, think is not right I I a non rlefpftd up don't t J1o14 r o It I. i o 4 .1r.liat .0 oooo -o -- !) vac: qc o Olt wiarri. 6.jaPYI J1 0 IIr o o..: Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 5 of 13 Page ID #:2389 ng\fuciced : shit. lam do AU I warted vt35_ the. 6ouse. '\ Kee them Aug 14.:2o12 9:to ., . PM 4,- pe- ---- \4 Just so u know I let the . \ window vyashing guy in the . big housAsk him if he was . going 2 st rt. He said it was 2 o windy and ieft so I locked the house back. 411.1111011...M.11 ;o 41 -": 0.1 P.m..- 1.1 o 4, Aug 16, 2012 9:15 PM 1 .,k. 6. . Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 6 of 13 Page ID #:2390 s 1 e T-Mt 4 7 ooooo oinw o -.4 . 1 ges -oo o o tv Co ()per: ; a Ed k ase don't .1o o p , o S. r4 -oooooooos o i!kt4c1 ITc5, 20! 2 43 - 1{"Fil Ya back 4 the 'iraek end doing skuff with shl on Saturday' its her b day on wendsdat and I won't get 2 see her schave 2 make the o best of what I . can. And fuck u know I won't shoot u may be in the foot but no .; where else. The vibe I got frome the window guy is he didt want 2 do it. Not shure , just saying rrOphithe NOs only ; tro: lo6,vd k NEI cig risa o o. o4. 6 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 7 of 13 Page ID #:2391 T-M Akt "41`oo+, 4.4o11 7 . 1 -ronr.14111%. 4110:4.sg ges I I 0 UI o o o Edit .o better persgoi' life. Pleasel&k about pe doct9r thing. Lill at lest tik honee, with hint Mabe 1 'll' get the right drug thls time. "\ so b. 2012 10:48 Plix4 ""-q 41 o kley it's takes a lot to Come CO far and Vni sorry for having to many that one ni CaU' tomm ' 1 will. And thank u shi's sake 4, = tlepst.:, 1.am sorry 4 being . -d up in the head. I ppt right. ; nO-n nebeSed up don't *Ty ; o _ , g149y. Its not o ,d Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 8 of 13 Page ID #:2392 o o39 A . - 2 do stupid stee that ..stiit any .iore eat*. tarn SO r ry\ 4 being a tucking dr1, 1( ass hole cock cker. Sep 6. 2012 11:15 PM T\ ni be up on Motiday ucidy \ boy _ Sounds goloti man. b out di the cabin by then. still have?4 some wood 2w get out. And u neeil 2 get busy on lawn care; t call the chubby it u want }-16ii better then the o , o gay r * iiosila jakitt 8 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 9 of 13 Page ID #:2393 +1. ,3 o .ooooo : 1so o . r 411 , ooper -te varit: , 1 J just -saying o That clumbshlt e was onty suppli?ed to leave a bid ari6\ that's rt Aug 1. 2012 9:52 Pki4 I got the npreshin he was -1\. going 2 That could be z The f9undation guy busting ass tho..And u 4gor out what 2 do " auys getng in the . o o 4: ttiRr u- o 0 g o o 4 .oo Sit ?; ing aiqiep .r - _ o ; o -; o Jr_r a: o Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 10 of 13 Page ID #:2394 11- . 35 A 'If__ T PIA o .1ir 444' . 1 a. ANIL Aug A2012 92-3 01A 721 4r- leis bull shit'l told u I 7 'r wantectthetrouse. U know., _Awhat ill JuV get my shit out there u ca deal with the lawn and the rest of the crap. Have a good life. rtiust got things taken care of on my erd of things. Ube out , in 2 weeks. ft I -11 t be so severe!! Let'sotalk ) fore beers plz Aug 15, 2012 9:52 PM 10 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 11 of 13 Page ID #:2395 9 m-l- - 1 Co . vbt. . Cool ..wwwenrs--o-s Thank u .pf C u worm Be go 0 1 " Luv ya sssssso rTake ur appointment torn I 'hind at least make surelhe ill 4c has my number and talk with sieve in the morn! I Sep 7, 2012 10:32 AtAr o o I. AP,. oChiibby.kids name is ett --WM Haugerstrurn 1 ; - , Sep 15, 2012 10:22,PM _ o raL 11 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 12 of 13 Page ID #:2396 .$ o Yes U do cat- o I, t one Irment. o . I as if wyttould. Meat\ rne at rrw doctors Olfice and b0 honest 0out how I change moods's? last. NO shure when that will work 41: bouth of iS but I want Li 2 TELL MY\DOC THE TRUTH HOW I Pia Sucks being tucked up. Sucks even - more knowing iam lucked up. I jus, need some body that knows jj o o o me 2 tell' him what they see .:ttfank.ti 4 talking 2 me fit4,4440, agiang. And I never ment u a harm. That's 1 thing I p,ny 't aittew-or let my set do mcirq. Ju0 ,110 2 brow of 4 iw-i atoartt ilhn't want 1 rin -o 12 Case 2:12-cv-08333-ODW-JC Document 108-3 Filed 04/08/13 Page 13 of 13 Page ID #:2397 Brent I arnor ' tucked tip in te head Yk \ilf some\ reason ja,rn half Cr If I could ask 1 ftwor of u it would mean affot 2 me and shi. I Weuld hke u 2 go with', me 2 seoi\my doctor so he can hear whato have 2 say about my not stake what 2 call it bet u can put words 2 it. And if stevey and any body else yant 2 come that would be ''great 4 me. I am sorry 4 the way I 0.61. And I need 2 be *pr. person 4 shi and my ilitd Pleaso think about the (thing. UN at lest be him. M4109 I 4g, ot z 13