The continuing saga – Part 32
Reformatted for easier reading – errors in the ‘original’ have not been corrected.
Q Do you save instant message logs a general proposition?
A No, only when it's from Marchese because of the things he was telling me?
Q And to the extent that correspondence or instant messages between yourself and an individual, you believe to be Mr. Marchese has not been produced in discovery I would ask that these be produced immediately?
A Well, I would like to see Marchese's computer in discovery since he was using the RM1259 account.
Q And I would ask that they be produced and reserve my right to examine the witness regarding these documents if they have not yet been, in fact, produced previously in the preexisting discovery requests?
Q When was the first time that you either -- that you spoke with Marchese on the telephone?
A I don't remember when he called me. I don't remember an exact date.
Q How many conversations have you had with Mr. Marchese on the telephone?
A I'm not sure of the exact number. Might be five. I'm not sure.
Q Okay.
MR. RICHTER: If you are getting tired and you want to take a break.
THE WITNESS: No, I have a cold. I want to finish because my dogs have to go out.
BY MR. ARGENTAR:
Q I want to show you what has previously been marked as Dobry exhibit number I don't think I've given you those today. Both of these documents were previously marked as exhibit 3.
MR. RICHTER: Do you have a set for the witness?
MR. ARGENTAR: Sure.
BY MR. ARGENTAR:
Q Showing you what has been previously marked as exhibit number 3, which are your answers to Richard Marchese's first set of interrogatories, the first is -- the first document in exhibit 3 is -- are the answers and the second is a letter from Greg Martucci dated March 27th, 2001, which purported to be supplemental answers of go -- to these same interrogatories?
A I'm sorry what number. I need to interrupt you what number are you talking about.
Q I'm not referring to a specific number. I'm just stating what this document is that we're looking at. I want to direct your attention to interrogatory number nine, which is -- begins at the bottom of page 5. The interrogatory reads "identify any and all communications between Dobry and Richard Marchese and for each communication set forth, a, the date and time of the communication; b, the location of the communication; c, all parties present at or privy to the communication; d, the substance of the communication; the author the initiator the communication and f the existence of any recordings transcripts or other documents or records, memorializing or pertaining to the communication. Right below that are the answers to interrogatory number 9. It says g, after the letter g, it says 3/21/00, two phone call received from Marchese; various online messages received on other dates via RM1259 aol account and silly von investors private message system. Do you see that?
A What number is it?
Q Nine. G. Which is the answer to interrogatory?
A My goes up to f. I don't have a g.
Q No, no. Look at page 6.
A Page 6. Do I have the right form. Oh, I'm the on the wrong one.
MR. RICHTER: That one.
THE WITNESS: What page?
BY MR. ARGENTAR:
Q Page 6?
A All right.
Q Do you see where?
A G.
Q Do you see where it says answer: G?
A Yes.
Q Do you see that?
A Yes.
Q Okay. Looking at this document, and looking at the question that precedes it, that is, 9a, okay, is that answer responsive to the question identify any and all communications between Dobry and Richard Marchese and each communication set forth and the date and time of each communication?
A Well, I don't remember the date and the time, probably.
Q Well, you signed these answers.
A Well, look I'm looking at T. two phone calls received from Marchese on 3/27, I know that because officer DelGadillo was there to take them various online messages taken on other dates on RM1259 I don't remember the dates yeah, Marchese would create other, like Mikey's lemonade and send me private messages. |
