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

To: scion who wrote (544)	10/24/2002 3:21:12 AM
From: scion	Read Replies (2) \| Respond to of 1136

The continuing saga – Part 4 Reformatted for easier reading – errors in the ‘original’ have not been corrected. BY MR. ARGENTAR: Q Do you have any other evidence, other than what you testified to, MR. RICHTER: Objection to the form of the question. It calls for a legal conclusion. THE WITNESS: All the evidence I have is give to my lawyer for litigation. I'm not a lawyer, Mr. Argentar. BY MR. ARGENTAR: Q So the answer is, no? MR. RICHTER: No. No. THE WITNESS: It's your answer, Mr. Argentar. MR. RICHTER: Objection to the form of the question. It's argumentative. It's misstating the record. BY MR. ARGENTAR: Q It is a very simple question. Is there anything else? To support your claim? A I answered it very simply, Mr. Argentar all the evidence I have of Mr. Marchese's doing is give tone my lawyer to litigation. Q Do you know if that evidence has been turned over to -- to me? A Eventual to ask Mr. Johnson and Mr. Richter. Q You also, on both of those computers installed a program named cyber scrub, did you not? A Yes. Q And what was the point of installing cyber scrub? A Cyber scrub was supposed to work the same as evidence eliminator, but faster, with different modes. Q Subsequent to your installation of those programs, did you send any electronic mail messages which mentioned Mr. Marchese? A To Mr. Richter I did. Q To anybody else? A I don't remember. Q You don't recall? A No. Mr. -- Q So it's -- it's possible then that subsequent to your installation of these programs that you sent the electronic mail messages to third parties which mentioned Mr. Marchese? A It's possible, I could fart perfume too, but I don't remember. Q So you didn't definitively state that you didn't post any -- or excuse me, send any electronic mail messages regarding Mr. Marchese? MR. RICHTER: Object to the form of the question. It's ambiguous. THE WITNESS: I answered your question. BY MR. ARGENTAR: Q My question to you is: You can't, as you sit here today, definitively state that you did not post any messages regarding excuse me. I withdraw the 9 question. As you sit here today, you condition definitively state that you sent no electronic mail messages from either the Gateway or the Acer computer regarding Mr. Marchese subsequent to your installation of the evidence eliminator program? MR. RICHTER: Objection to the form of the question. It's got a double negative in it. THE WITNESS: The question sounds convoluted to me. I really don't understand the question. Maybe could you ask me again or do it piece by piece. BY MR. ARGENTAR: Q What do you not understand? A If I understood it, coy tell you what I don't understand. Q Subsequent to your installation of the evidence eliminator program, you may have sent messages -- you may have sent electronic mail messages to other people regarding Mr. Marchese, correct? A I may have done a lot of things, Mr. Argentar. I told you I didn't remember. Q And subsequent to your installation of the evidence eliminator program, on your Acer and Gateway computers, you may have posted messages on the 10 Internet regarding Mr. Marchese? A No. I have not posted any messages since September of 19 -- no, 2001. Q But isn't it the case that you installed evidence eliminator at or around the time you installed the new hard drive in your Gateway computer? A That's -- MR. RICHTER: I object to that question. You know, we have a very precise report from Jonathan Bob and I believe it shows the exact dates of installation of those programs and I believe that the programs were not installed on each computer at the same time. MR. ARGENTAR: That is correct. MR. RICHTER: So that's a very ambiguous question and I think -- MR. ARGENTAR: Well, I disagree, counsel. MR. RICHTER: You if you want to be precise I think you will have to do it one computer at a time otherwise you will be asking ambiguous questions. MR. ARGENTAR: Right and if you look I specified his Gateway computer. BY MR. ARGENTAR: Q You installed evidence eliminator in the Gateway computer at or around the time you installed the new hard drive in your Gateway computer, correct? MR. RICHTER: If you remember.