The continuing saga – Part 34
Reformatted for easier reading – errors in the ‘original’ have not been corrected.
Q Prior to March 27th, 2000, had you received any phone calls from Richard Marchese?
A Prior to what date.
Q March 27th?
A 3/27, 2000. Well, let's see if they were before or after. I don't remember if they were before or after. I received multiple phone calls from Mr. Marchese.
Q How do you know it was Mr. Marchese on the end of the line in these multiple phone calls?
A Because John Emschwiller was writing that book scam dogs and Marchese was calling me. I talked to done Emschwiller was he was trying to debunk this Rick Marchese stuff and he wanted the information I had and I gave him the information. He called to me, had he Marchese and Jeffrey Mitchell gave him this phone number of called Rick Marcassi. He told me that rich Marchese and Rick Marcassi had the same number. Then rich Marchese called me and told me that John Emschwiller was a fraud. He had his lawyer check him out and the letter that John Emschwiller sent his letter was written so bad, no writer could write it. He wanted me not to talk to John Emschwiller. He told me I don't know Emschwiller was a fraud. His lawyer checked him out and for me not to talk to John Emschwiller. So I know it was Richard Marchese because he referred to the conversation with John Emschwiller.
Q Which phone conversation are you talking about?
A Say that again.
Q Which phone conversation are you talking about?
A On 3/27?
Q Yes.
A No it was different phone calls.
Q Whether it was it?
A I don't remember the dates.
Q So you have no specific recollection of any of the phones other than the two phone calls you received on 27, 2000?
A No, that's not what I'm saying. I'm saying I remember the phone calls the dates are vague to me but coy put them in context if I had. Maybe we could sympathy Marchese's phone records or something, we could find out, you know when they were, you know.
Q But you have no recollection as you sit here?
A No, I -- I told totally recollect the phone calls. I just don't remember the exact dates.
Q Okay so you did you receive calls from Mr. Marchese prior March 27th, 2000?
MR. RICHTER: Asked and answered.
THE WITNESS: I don't remember if they were before or after. I can't remember the chronology right here.
BY MR. ARGENTAR:
Q Okay. Had you received any messages, that is voice mail or answering machine possess messages prior to your conversations with Mr. Marchese on March 27th, 2000?
A Have I received voice mail messages.
Q Or answering machine messages from anybody identifying themselves as Richard Marchese?
A No, they didn't identify themselves as Richard Marchese, no.
Q So this threat that somebody would be waiting for you in the parking lot this threat to your life?
A My wife, no --
Q Life.
A Okay.
Q Was that in one of the phone calls of March 27th?
A No, that was an earlier phone call, but I don't remember the exact date. That's why I had officer DelGadillo there, because I had that threat from Mr. Marchese, and when I went to agent Beane with it, he said there's nothing you can do it, because number one it's a veiled threat; and number two, you didn't trace the call. So what he did -- he said -- the protocol is when Marchese calls you again, you do star 57 protocol. And so I started doing that on the subsequent phone calls after that one, and that's why I know March 27th because officer DelGadillo came in as agent Beane suggested I do the protocol when Marchese calls me.
Q So prior to March 27th, you did have a phone conversation with Mr. Marchese, according to that statement, correct?
A Yeah, yeah.
Q Okay. And this -- do you recall soon before the 27, this conversation was?
A Not was only after I talked to agent Beane about what to do about it so we had a system on how to trace these calls. I don't remember the.
Q Okay?
A The exact date.
Q So prior to March 27th 2000 had you a conversation with Mr. Marchese on the telephone, correct?
A Say that again what.
Q Prior to March 27th 2000 you had a conversation with Mr. Marchese on the telephone?
A Well, conversation means we're both talking it was more of a monologue than the dialogue along.
Q You were on the other end which in an individual identifying himself Richard Marchese was talking correct?
A Well, one time he called Rick Marcasse with the same voice he called me up as Rick Marcasse. He called me as Rick Marchese and he called me as Rick Marcasse but he called me using the same voice with the different name.
Q And these were all phone calls you received prior to March 27th, 2000?
A I'm not really sure the times. I can't remember the exact times but I know March 27th is -- it was the time after I spoke to Brian mean Beane and what we do about the threats and the tracing and that's why officer DelGadillo was down there because that's when he started to having a system on what to do when I got threats.
Q My question to you?
A Yeah.
Q Is you referred to him as Rick Marcasse and Rick Marchese which implied to me?
A What's the request he.
Q That there were multiple phone calls that you had with Mr. -- or an individual identifying themselves as Rick Marcassi or Rick Marchese. My question to you is; You already testified regarding one phone call prior to March 27, were there any
12 other phone calls between an individual -- between yourself and an individual identifying themselves as Rick Marchese or Rick Marcasse, prior to March 27th 2000?
A Yeah, it was Rick Marchese called me up. I don't remember the exact date. He wanted me to know, the initial phone calls is he wanted me to know that he wasn't shorting Amazon that a guy named Rick Marcassi was shorting Amazon and me and other shareholders had them confused that's the same type Janice and Jeffrey -- Janice Shell and Jeff Mitchell started posting the same thing that we had Rick Marchese confused with Rick Marcassi. That's the first time he called me sow shortly after that.
Q All right, so wait, I want to talk about that first phone call.
MR. RICHTER: I can't help but notice you're looking at a log of Richard Marchese's telephone log. Perhaps you would share it with us.
MR. ARGENTAR: You are making big leap as to what it is I am looking at and I will not share it to you. I will show the witness and I will show you what I choose to show you. I am examining the witness about his recollection and his understanding and knowledge. Not about what I have in front of me.
MR. RICHTER: It looks like a produceable document to me.
MR. ARGENTAR: Yeah and you may have it. Okay?
MR. RICHTER: Thank you.
BY MR. ARGENTAR:
Q But this document contains notes of mine so you're not looking at it.
BY MR. ARGENTAR:
Q So there were at least two phone calls you had with Mr. Marchese or Mr. -- or Mr. Marcassi prior to --
A Marchese.
Q March 27th, 2000, correct?
A It was Mr. Marchese, yes. |
