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Pastimes : Gary Dobry Subpoenas 41 SI Aliases -- Ignore unavailable to you. Want to Upgrade?

To: scion who wrote (542)	10/24/2002 3:08:15 AM
From: scion	Read Replies (1) \| Respond to of 1136

The continuing saga – Part 2 Reformatted for easier reading – errors in the ‘original’ have not been corrected. Q You don't -- it could have been after July 2001 that you found out about this request from November of 2000? MR. RICHTER: Asked and answered. He says he doesn't remember. THE WITNESS: I don't remember the dates. BY MR. ARGENTAR: Q When did you -- when did Janice Shell, according to you put you on notice that the plaintiff wanted to inspect your computers? A Well, not according to me according to the Raging Bull documents that are online, they're dated, so our -- our best bet would probably be to procure the post of Janice Shell regarding the inspection of my hard drives. I don't remember the dates, but there is a permanent record on the Raging Bull thread. Q So the answer is you don't recall? A No, but I also added on where you could find the answer, so -- Q At any point in time -- Now you're not aware, are you of any order issued by the court in this case which said you did not have to turn over your computers for inspection? A I don't understand the question. Q You're not aware of any order entered into 14 this case that said that you don't have to turn your computers over for inspection? A Maybe if you showed me that order, I could answer your question. I have no idea what you're talking about. MR. ARGENTAR: Can you repeat the question? (Record read as requested.) THE WITNESS: Unless you could show me such an order, I have no recollection. If you have an order, I'll be happy to look at it and see if it refreshes my memory. BY MR ARGENTAR Q So my question to you is: You removed the hard drives on both your Acer and Gateway A I would have to see the order. Without seeing the order, I have no idea if it exists or not. Q You have no idea. You stated earlier that in either the latter part of July 2001, or the early part of August 2001, you removed the hard drives from the Acer and Gateway computers in your possession, correct? A Can you repeat the question? MR. ARGENTAR: Thanks. (Record read as requested.) THE WITNESS: Can you show me where I stated that, please? MR. ARGENTAR: No. Did you remove the hard drives from the Acer and the Gateway computers in your possession in late July or early August of 2001. A I don't remember the exact dates. Q You didn't state earlier today that it was late July or early August? A Can you tell me what I said? Q No. MR. RICHTER: Well, David, we do have this realtime transcript displayed in front of us, and so I would suggest that if the witness wanted part of his testimony re-read to him, it would be an extraordinarily easy to do at this particular 6 deposition. It's just an observation. 7 MR. ARGENTAR: I appreciate that. BY MR. ARGENTAR: Q You did remove the hard drives from your computers while this litigation was pending, correct? A Yes. Q And you removed them after November 8th of 2000; isn't that right? A Yes. Q So you took the hard drives out of your computer after your counsel was served with a request for production of -- MR. RICHTER: Excuse me my screen just went blank. 20 MR. ARGENTAR: It's probably just your screen saver. 22 (Record read as requested.) BY MR. ARGENTAR: Q Computers in November of 2000. A I removed them after they were hacked and rendered worthless. I don't remember the exact dates. Q Was it after November of 2000? A Was what after November 2000. Q Your removal of the hard drives? A Yes. Q So my question to you is: You removed the hard drives on both your Acer and Gateway computers after your counsel was served with the request for inspection of those computers in November of 2000, correct? A Can you show me the court document you're referring to? Q I'm not referring to a court document? A Order. Court order. Q I'm not referring to a court order? A Could you tell me the question, I don't understand you. MR. ARGENTAR: Sure. Please repeat the question. (Record read as requested.) THE WITNESS: I don't know that. I don't remember the exact dates that my attorney received this order so my question was if you could show me the order, I could answer the question better? BY MR. ARGENTAR: Q There is no order. So why did you remove the hard -- why did you remove the hard drives from your computers? A My computers were hacked, viruses inserted, graphics uploaded to my web site, the web site password changed and my computers were rendered worthless and I was informed that reformatting probably wouldn't solve the problem completely and your best bet, if you really want your computers cleaned was to remove the hard drives, change them and add security. At the time I was very naive I had no firewalls, no security so that's what I did. Q Okay. You took them out of the physical box of the computer, correct? A I took what out of the computers. Q The hard drives of both computers? A Can you ask me the question again, please. MR. ARGENTAR: Sure. Can you repeat the question? (Record read as requested.) THE WITNESS: I took what out of the computer box. BY MR. ARGENTAR: Q The hard drives? A Can you ask it in a full question in. Q Sure. You removed the hard drives, the internal hard drives of your Acer and Gateway computers from the physical shell of the computers in July or August 2001, correct? A After the hacking, yes. Q Okay. And what did you do with the hard drives after you removed them? A I threw them in the trash. Q Did you need to throw them in the trash to cure or prevent the hacking that you say was occurring on your computers? A Can you ask the question again? MR. ARGENTAR: Can you repeat the question? 18 (Record read as requested.) THE WITNESS: Did I need to throw them in the garbage to prevent the hacking on my computers? Is that what you're asking me? BY MR. ARGENTAR: Q Yes. A No. Q Why did you throw them away? A They were worthless. Q To whom? A To me. Q Okay. And you were aware, though, that at the time you threw them away that you were being sued for defamation based on posts you made from those computers, correct? 9 A Can you repeat the question. MR. ARGENTAR: Ms. Reporter. (Record read as requested.) THE WITNESS: What is the and conjuncting to. I don't understand the full question. And from what. Could you put it in context. BY MR. ARGENTAR: Q Take the and out of the question. A Okay then ask the without the and. Q At the time you threw your hard drives in the trash? A Yes. Q You were aware that Mr. Marchese was suing you for defamation based on posted you made on the Internet from one or both of those computers; is that correct? A When you say aware, do you aware when I threw them out or in the grand scheme of things I'm asking you a question.

To: scion who wrote (542)	10/31/2002 11:18:18 AM
From: scion	Read Replies (1) \| Respond to of 1136

Q Between October 31st and today, have you posted any messages on any Internet message board? A No. Q It's your testimony that subsequent to October 31st, you have not posted a message? A I have not posted any messages since September of 2001. Q Do you recall when in September you last posted? A No. By: ad_rem 31 Oct 2002, 11:14 AM EST Msg. 179809 of 179809 (This msg. is a reply to 179808 by ad_rem.) And then, suddenly, that little tweet_t_bird was gone, probably migrating somewhere a little less hot. By: janice456 22 Oct 2001, 05:48 PM EDT Msg. 136471 of 179808 (This msg. is a reply to 136463 by ataturk.) How interesting that Pugs disappeared just after I posted this: By: janice456 $$$$ Reply To: 136431 by tweet_t_bird $$$ Monday, 22 Oct 2001 at 4:54 PM EDT Post # of 136470 By the way, Puggles, do you recall that you're bound by a protective order not to talk about Marchese? Are you aware that you violate that order constantly? Do you think you'll be asked about that at your depo? ragingbull.lycos.com ragingbull.lycos.com ragingbull.lycos.com