The continuing saga – Part 7
Reformatted for easier reading – errors in the ‘original’ have not been corrected.
Q And directing your attention to request number 1?
A Mm-hmm.
Q Which reads "Gary Dobry has posted messages on the Internet accessible to any individual Internet access and which he has stated or implies that Marchese is a member or affiliated with organized crime and/or the mafia. Do you see that?
A Sure. And the key word is accessible to anybody individual Internet which he states or affiliated with organized crime. So in which he stated or implied, yeah so there was an implication, perhaps, in some of these posts but if we looked at each post, we could carefully go through that.
Q That you admit request number one?
A My admission to what I'm saying yes to this is not the question you asked earlier, though.
Q Okay. But I'm not asking that question I'm asking you --
A What I'm saying is in reference to the question earlier. That's I can't I don't want you to snap those two things together here.
Q You don't retract this admission, do you?
A Let me read it carefully. To any individual in which he has stated or implied that Marchese is a member or affiliated with organized crime. The key word being affiliated. I have -- it takes litigation to find out the other stuff, but affiliated, yes, I stand by that. Yes.
Q I'm going to show you what I will have marked as exhibit number 12, I believe.
({WIT NAME} Exhibit No. {Number} marked as requested.)
THE WITNESS: Thank you.
BY MR. ARGENTAR:
Q I represent to you that exhibit number 12 are responses to Richard Marchese's second request for production of documents to Gary Dobry, and that it was served by your former counsel on May 15th 2001. I'd like to you take a look at this document. Have you seen it before?
A Yeah and some people even answered these things. Yes.
Q The answer is yes .Were you -- or did you assemble documents in response to this request?
A I don't recall. I'm sure -- I mean, I'm not going to even talk with somebody I don't know. I mean I don't remember everything that's happened. It's been a long time.
Q You don't recall whether you assembled documents in response to this request for production of documents?
A You know, I mean, do I remember distinctly, clearly what we did, no I don't.
Q I will represent to you that exhibit -- exhibit 12, and all the documents attached thereto were received by me in response to the second request for production of documents on other about May 15th, 2001 and I want to direct your attention to the second page of the document, which is the front page of the actual response. And request number two requests any and all documents relating to, or tending to support any assertion by Dobry that Richard Marchese is a member of and/or is affiliated with organized crime, the mafia or the Costa nose Tra. Do you see that?
A Mm-hmm.
Q And your response is investigation continues as to additional documents?
A Okay.
Q Do you see that?
A Yeah.
Q Has your investigation continues?
A It did up until first deposition, where I just -- I had an art show so I got away from the writing to go back to painting.
Q I want to you look at the documents that were served?
A Mm-hmm.
Q And tell me whether you have, in your possession, any other documents which are responsive to request to produce number two.
A I mean, I don't know what I gave to my lawyers and what I have in files. I -- I don't know. I don't know how much I've given over, but you entered the web site into the lawsuit so, I mean, I think most of it's on the web site, so --
Q And my question to you is: There are any documents other than what you've produced with this, which -- with this document, which are -- which you have in front of you, are there any other documents which are responsive to request number two?
A Well, I would have to go through all this. Well, sure there's lots of it there as the Amerivet be the front for access trade one their brokers being busted by the feds for -- for manipulating stocks. Yeah, there is more than -- yeah, there is -- there is more. Yes.
Q Have you turned those documents over to your counsel?
A You know what, I don't even know if I turned everything over to my counsel.
Q So there are additional documents responsive to request number two, which you have not produced; is that correct?
A I don't know. I'm telling you I don't know. There's a lot of information and a lot of research so I don't know what I turned over to my lawyers and what I haven't. Like I said, I'm writing a book, so there's a lot of research, you know, so – I don't know how much I've give tone my lawyer. |
