Varian Semiconductor Equipment Associates -- VSEA Message Board

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Technology Stocks : Varian Semiconductor Equipment Associates -- VSEA

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To: Duker who started this subject	11/7/2000 2:51:38 PM
From: dantecristo	of 1929

Brian, won't this be interesting at trial? FALCON: Well, that leaves me confused. Because a third party report -- let me go back. I'll clear it up. We've talked about one report, a chemical analysis. And we've talked a little bit more about it. Do you recall what the conclusion of that chemical analysis was? HIBBS: I believe that -- POPPE: Objection. Best evidence rule. Go ahead. HIBBS: Okay. A hydrofluoric acid had caused damage to the pump. FALCON: Anything in that report indicated how the hydrofluoric acid was introduced? HIBBS: I can't recall, but I believe it was inconclusive. FALCON: Did, to your knowledge, any fingerprints -- were any fingerprints retrieved from the gas box in conjunction with the PLAD lab sabotage incident? POPPE: I object. It calls for attorney/client communications and work product and instruct on those grounds. FALCON: How would it be attorney/client communications? Fingerprints are physical evidence. POPPE: If it were somebody else doing it, she only knew it that way, it would be only through attorney/client privilege. If she was doing it herself, it would be work product. FALCON: Let me put it to you this way. When you had your meeting with the lab, were you aware whether or not any fingerprints had been -- I'm talking about as a precipient witness -- taken from any of the equipment or apparatus connected with the lab? POPPE: Same instruction on the same grounds. FALCON: As a precipient witness? POPPE: If she were doing it as part of an investigation as an attorney, then it would be subject to work product privilege. FALCON: The separation agreement that was presented to Mr. Delfino, was that a document that you created? POPPE: I need to talk to her.

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