The continuing saga – Part 3
Reformatted for easier reading – errors in the ‘original’ have not been corrected.
Q At the time you threw these computers in the garbage, you knew you were being sued by Mr. Marchese for defamation based on posts you made from those computers on the Internet?
A Number one Mr. Argentar I didn't though away my computers John where you're coming up with that. Number two, the hard drives were rendered worthless by the hacking of my computers. Was I aware -- if you're asking me if I was aware of Mr. Marchese suing me at the time I threw away the hard drives it wasn't on my mind. If you ask me if I knew I was being sued by Mr. Marchese for defamation, how could you not know? It's on the Internet 24 hours a freaking day, so, yes, I know.
MR. ARGENTAR:
Q Did you attempt to -- you didn't attempt to get any order from the court as to -- as to the disposition of your hard drives during or around the time you threw the hard drives in the garbage?
A It was my understanding at the time that there was no order to get my hard drives yet that it was in the works. I had computers I have to use. The hard drives were rendered worthless by people posting on the Internet, by the way, and I threw them away because they were worthless.
Q Okay. And did you that voluntarily, correct?
A I did what voluntarily.
Q Nobody told you or nobody forced you to throw these hard drives in the garbage, did they?
A Nobody forced me to throw the hard drives in the garbage? No, nobody forced me to throw the hard drives in the garbage.
Q When you installed or had installed new hard drives in those computers during or around late July, early August of 2001, correct?
A I don't remember the exact dates but I would say it was right around the time of the hacking when I removed the old ones.
Q When was the time of the hacking?
A The first hacking, I believe, was -- or the hacking that I was aware of, of my web site was late July, early August, I believe.
Q And you have posted messages from those computers on the Internet subsequent to the installation of those hard drives, correct?
MR. RICHTER: Object to the question. It's ambiguous. There's no -- it's not clear which set of hard drives you're talking about. There's no date in the question.
THE WITNESS: I don't understand the question.
BY MR. ARGENTAR:
Q Can you repeat the question.
(Record read as requested.)
THE WITNESS: Are you asking me did I post on the Internet after I put in new hard drives.
BY MR. ARGENTAR:
Q Yes.
A I don't -- I don't remember.
Q Well, you stated that you last posted in September of 2001, correct?
A Yeah, I believe that's the last time I posted.
Q Okay. And was your destruction of the old 19 hard drives after September of 2001?
MR. RICHTER: Objection. That's misstating the record. He testified he threw away the hard drives. Destruction is a totally different concept so I object to misstating the record.
THE WITNESS: Number one, Mr. Argentar, I didn't destroy my hard drives. The hackers did. I removed the destroyed hard drives from my computer. That's a criminal act, hacking somebody's computer and destroying the hard drives. Out of my own expense, I went and bought new hard drives so I could operate as a business and a person. All right? So it's my civil liberties that I believe have been impinged upon, and I believe criminal acts have been committed against me. So if you asking me, did I post after I put in the new hard drives, if there are postings of mine from that date to September, then I would probably be assured that I did post using the new hard drives.
BY MR. ARGENTAR:
Q Subsequent to your installation of the new hard drives on both the Acer and the Gateway computers, you installed a software program on both of those computers entitled "evidence eliminator" did you not?
A I didn't understand the first part of the question.
MR. ARGENTAR: Please repeat the question.
(Record read as requested.)
THE WITNESS: Yes, I installed evidence eliminator when I put in the new hard drives, yes.
Q Okay. And you ran that program on various occasions on both computers after you installed it, correct?
A I run it every time I use the computer. It is a safe start-up and safe shutdown. That's how the software used.
Q Why you did you install evidence eliminator on both of your computers?
A Because I was being hacked and stalked by the people posting on the Internet. I have evidence logs which demonstrates who has been hacking my computers and to safe guard myself against these individuals, I use the evidence eliminator as a security effort to stop people from invading my privacy and -- and invading my life.
Q How does evidence eliminator protect you from hacking?
A My emails were posted by Janice Shell, and Mr. A. Arkansas, whoever he is. Another agent plaintiff Marchese's. They've posted emails and documents they stole from my computer, evidence eliminator is a security measure to prevent that from ever happening again, that my private and personal emails and documents are posted on the Internet for your clients friends.
Q So one of the -- one of the things that evidence eliminator did when you would run the program is destroy emails that were on your computer, correct?
A No, you're saying that. I didn't say that.
Q How is that statement incorrect?
A I said it is a security measure that protected me from having my email put on the Internet my client and his agents.
Q How does it do that?
A I'm not a security expert. I don't know. Have you to talk to a computer expert. I'm not a computer expert.
Q Mr. Dobry?
A Mr. Argentar.
Q Okay. Are you telling me that this program did not remove or delete electronic mail messages from your computer when you executed them?
A I'm telling you --
MR. RICHTER: I object to the question. I -- it's an ambiguous question. I don't -- I don't know what it means. It seems to be talking about -- asking for a very sophisticated analysis of the computer program.
A Exactly.
MR. RICHTER: And there's no foundation for it. Why don't you ask him how the program works.
BY MR. ARGENTAR:
Q You installed these programs. Did you do it at somebody's suggestion?
A I did it at quite a few people's suggestion, people who were telling me how to prevent my life from being destroyed by your client and his agents. They said the best way of doing this is to put security on your computer so these a-holes can't get the #### anymore. That's exactly what they told me.
MR. RICHTER: Let's just take a break for a minute.
THE WITNESS: Okay.
MR. RICHTER: I actually would like to go off the record for a minute. We don't need to leave the room but I'd like to go off the record.
THE VIDEOGRAPHER: Going off the record at 9:56 a.m.
(Recess taken from {time} {a.m.|p.m.} to {time} {a.m.|p.m.})
THE VIDEOGRAPHER: Going back on the record at 9:57 a.m., please proceed.
BY MR. ARGENTAR:
Q Mr. Dobry, you have no understanding as you sit here today whether the evidence eliminator program that you ran on both of your computers -- have you no understanding as to whether that program eliminated or deleted electronic mail messages from your computers?
A I'm not a computer expert, Mr. Argentar. I didn't design the software. It's a security software which I use to protect myself from your client and his agents and I installed it with the sole purpose of protecting myself and there's nothing more I can tell you about the security measures I took, other than I took them to protect myself from your client.
Q You did not answer my, Mr. Dobry. Do you or do you not have an understanding as to whether the evidence eliminator program you ran on those computers deleted or destroyed electronic mail messages you sent from those computers?
A I don't know how the software works. I just use it.
Q You -- so you just installed it and you didn't know what it was going to do?
A No. I answered your question. I installed it for security so your client couldn't be privy to my personal information any longer.
Q What evidence do you have that Mr. Marchese, if you have any evidence at all, was involved in any alleged hacking of your computers?
A It's been Mr. Marchese and Mr. Piterra who have been -- and their associate, Mr. Zwebner who have been suing me non-stop for three years and people posting online or either employed by Mr. Marchese or associated with the employee of Mr. Marchese, so it is a deduction that all the people stalking and harassing me 24 hours a day, every day, are agents of Mr. Marchese's.
Q What evidence do you have to support that?
A Well that's why we're in this lawsuit, aren't, we Mr. Argentar.
Q Well, I'm asking you. What evidence do you have to support the claim that Mr. Marchese was in any way involved in any attempts to hack your computer?
MR. RICHTER: I'm going to object to the form of the question. The use of the word "evidence" calls for a legal conclusion. The witness can answer the question if he understands it.
THE WITNESS: Mr. Argentar, it's a very long answer to a very complicated question which I think will be litigated at the trial. You know, there's no doubt in my mind that Mr. Marchese and his associates are behind all the stalking, harassment, everything that I've endured for the past three or four years, as an investor who lost money in a stock that they're involved in. It's my opinion, and which I hope is like shown in this trial that I'm the victim here, not Mr. Marchese, and, you know, I very faithfully -- very much faith in my lawyers that they'll litigate that case to show so.
BY MR. ARGENTAR:
Q Okay. I'm going to repeat my question to you what evidence do you have to support the claim that Mr. Marchese was in any way involved in any attempts to hack your computers?
MR. RICHTER: I will repeat my objection. That it calls for a legal conclusion, form of the question. Objection.
THE WITNESS: I mean, it is a long complicated answer, and we can start with Janice Shell. Janice Shell is an employee of Mr. Marchese. Janice Shell has been stalking me for three years. She's tampering witnesses in this case, she's calling my friends' employers, they're contacting and disparaging me on online smear campaign. She's been posting on the computer all to affect Mr. Marchese in this case and I'm not posting on the computer. I mean, if we want to take evidence and weigh this out we have to depose these people. We have to identify these people. We have to show the relationships with Mr. Marchese, Mr. Marchese is doing his best for that not to happen. So the evidence, Mr. Argentar is you and your guys doing a great job of preventing any evidence from coming into this case and, one, apparently win this case on a violation of protective order. That's why we're talking about computers all morning instead of defamation and I still don't know the defamation that I'm accused of in this case and if you could define that for me, I would love to hear it otherwise, you know the evidence here is that this is a malicious lawsuit, filed to harass further in conjunction with Joseph Piterra, Richard Marchese Michael Zwebner. It's just non-stop 24-hour a day abuse of my civil liberties my pursuit of happiness and in my opinion criminal acts against me.
BY MR. ARGENTAR:
Q Other than that do you have any evidence that Mr. Marchese was involved in the hacking of your computers.
MR. RICHTER: Same objection to the form of the question, calls for a legal conclusion.
THE WITNESS: I answered your question, Mr. Argentar.
MR. ARGENTAR: I'm asking you do you have any other evidence other than what you testified to support your claim that Mr. Marchese was involved in the hacking of your computers.
MR. RICHTER: Same objection to the form of the question.
THE WITNESS: I answered your question Mr. Argentar.
BY MR. ARGENTAR:
Q No, you didn't and I'm going to get an answer.
THE WITNESS: Can you repeat my answer the last time he asked a question.
MR. RICHTER: Here. Here. No. |
