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

To: scion who wrote (545)	10/24/2002 12:48:22 PM
From: Mark_H	Read Replies (1) \| Respond to of 1136

Scion, do you know if this case has ever been resolved or if it's still active?

To: scion who wrote (545)	10/24/2002 6:00:21 PM
From: scion	Read Replies (1) \| Respond to of 1136

The continuing saga – Part 5 Reformatted for easier reading – errors in the ‘original’ have not been corrected. THE WITNESS: I installed the evidence eliminator after I put in new hard drives. BY MR. ARGENTAR: Q You became aware in December of last year, didn't you, that an order or -- November or December of last year that an order had been entered directing you to turn over your computers for inspection in this case? A I became aware -- I didn't know there was an order. I thought you were trying to -- trying to get my computers. Q At some point in time you found out that there was going to be an inspection of your computers? A No, I did not know there was going to be an inspection. In fact my lawyers were fighting diligently to protect my privacy from your client so, no, I didn't know that Mr. Argentar. Q On January 11th, 2002, a gentleman showed up at your gym to inspect your computers? A Mm-hmm. Q Correct? A I don't know the exact date, but a gentleman at one time, Mr. Bob inspected my computers. Q Okay. Now prior to that, him showing up at your door, you knew that he was going to be coming out there, correct? A For what amount of time? Q What do you not understand about my question. Prior to him showing up at your door you knew that he was going to be coming out to your gym to inspect the Gateway and Acer computers, correct? A For how long before he showed up at my door did I know this? MR. ARGENTAR: Can you repeat the question? (Record read as requested.) THE WITNESS: Are you asking me if I knew Mr. Bob was coming to my gym? BY MR. ARGENTAR: Q Yes? A I knew Mr. Bob was coming to my gym. Q And you knew he was coming out to inspect your computers? A I new Mr. Bob was coming to inspect my computers. Q And when did you find out about that? MR. RICHTER: Objection to that, to the extent it calls for any attorney-client privilege response. THE WITNESS: I don't remember and I defer to Mr. Richter for when he notified me. BY MR. ARGENTAR: Q But you knew prior to him showing up that he was coming, correct? MR. RICHTER: Asked and answered. You knew Mr. Bob was coming to my gym. I knew Mr. Bob was coming to inspect my computers there's the question and answers it's already asked and answered. BY MR. ARGENTAR: Q Did you find out a day before? A I don't remember the amount of time. That was my question to you, was trying to find out if you're asking me how long I knew, and I don't know how long I knew. I don't remember. Q The day before Mr. Bob came out, you ran the evidence eliminator program on both of your computers, correct? A Evidence eliminator is run before you use the computer and after. It's a safe shutdown and a safe start-up to protect my computer. So if I use my computer the day before, there's a good chance -- well, there is every chance that I used it, but you know what I would defer to Mr. Bob's report because I think it's in there of when I used the evidence eliminator? Q It is true that you ran evidence eliminator after you knew Mr. Bob was going to be coming out to inspect your computers; isn't that true? A I -- I don't really recall but evidence eliminator uses -- in the software as a safe start-up and safe shutdown so evidence eliminator is run the whole time you're on the computer and it has a safe start-up mode and a safe shutdown mode. So if I use my computer the day before Mr. Bob was coming, evidence eliminator would run. Q Have you ever up to and through January 11th to 2002, sent and electronic mail message in which you directed or requested that they post a message on the Internet regarding Mr. Marchese. A What were your dates? MR. ARGENTAR: Can you repeat the question. THE WITNESS: Yeah, repeat the question. (Record read as requested.) THE WITNESS: No. BY MR. ARGENTAR: Q You've never sent a message -- or you've never sent an electronic mail to anyone requesting that they post messages regarding Mr. Marchese? A Mr. Marchese -- you know what, I don't remember every email I sent out and Marchese took over my life for the past three years. God knows when I answers Mr. Marchese. God knows I don't recollect anything like that, no. BY MR. ARGENTAR: Q And have you ever exchanged instant messages with anyone prior to January 11th 2002 from either the Gateway or the Acer computers in which you requested or directed any third-party to post messages regarding Mr. Marchese on the Internet? A No. Q Definitively? A Definitively, no. Q So you don't recall whether you sent electronic mail messages but you can confirm that you didn't send any -- didn't have any instant messages in which you directed third parties -- A Yeah, the reason -- Q About Mr. Marchese? A The reason I can confirm that is I only have AOL through my AT&T, I don't have the AOL instant messaging hooked up so that's an easy answer. Q You -- have you ever exchanged instance messages with any third person? A With Dante deLavaguea RM1259 (check that spelling). Q Anyone else? A Sure but the one I remember at the moment is Dante deLavaguea, RM1259. He told me he was going to sue me and funny thing is you sued me. Q So the you have sent instant messages to RM1259? A Yes. Q Anyone else? A I don't recall at the moment. Q Does that -- the fact that you've sent 4 instant messages does that refresh your recollection as to whether or not you have sent any instant messages in which you directed or requested third parties to post messages on the Internet regarding Mr. In particular, Marchese? A I answered your question Mr. Argentar, I have no instant messaging hooked up the AOL instant messaging is not even hooked up. Q That's not my question. You said you've sent instant messages? A Before the dates that you said. You asked me if I -- your second question to Mr. Argentar was did I ever send AOL instant messages before those dates and I told you the time I recollected. The dates you're telling me I just told you, I have AT&T. I only get my AOL business mail through the AT&T account and there is no AOL instant messaging hooked up. Q I'm asking you at any time prior to January 11th 2002 -- I will ask this the last time at any time prior to January 11th, 2002 did you ever send an instant message to a third party in which you requested or directed that they post a message on the Internet regarding Richard Marchese? A I -- I don't recall. Q So it's possible that you did? A A lot of things are possible, Mr. Argentar. Q It's a yes or no question. It is possible. A I don't recollect. That's my answer.