Silicon Investor (SI) -- The First Internet Community

STOCKTALK

We've detected that you're using an ad content blocking browser plug-in or feature. Ads provide a critical source of revenue to the continued operation of Silicon Investor. We ask that you disable ad blocking while on Silicon Investor in the best interests of our community. If you are not using an ad blocker but are still receiving this message, make sure your browser's tracking protection is set to the 'standard' level.

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

To: scion who wrote (549)	10/24/2002 6:03:15 PM
From: scion	Read Replies (1) \| Respond to of 1136

The continuing saga – Part 6 Reformatted for easier reading – errors in the ‘original’ have not been corrected. Q Do you know whether the evidence eliminator program or cyber scrub program you installed on your computers destroyed or eliminated evidence of instant messages which you may have exchanged on those computers? A Maybe you're not listening, Mr. Argentar. I told you the AOL instant messenger is not hooked up on my computer. I get my AOL mail through my AT&T accounts. So I've answered these questions. MR. ARGENTAR: Can you repeat the question. (Record read as requested.) THE WITNESS: Mr. Argentar, there is no evidence to destroy. I do not have an AOL instant messenger on my computers. Q Well but the instant messages you've admitted exchanging, what were those? A They were prior to the dates you said, Mr. Argentar. Q My question was directed, Mr. Dobry -- A No, it wasn't Mr. Argentar. Q Read back your 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. 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 You posted -- excuse me, you exchanged some instant messages with people prior to January 11th, 2002, correct? A I told you I didn't recollect. I do recall RM1259. Q Okay. The point being that you have posted -- excuse me, you have exchanged instant messages and my question to you is, do you know whether the cyber scrub or evidence eliminator programs you installed on your computers destroyed or deleted any evidence of the messages that you have admitted exchanging? A Mr. Argentar, we just went through this that the hard drives were changed in July or August, so the hard drives you're talking about with the evidence eliminator affecting don't even exist anymore. Q One last question regarding your alleged hacking on your computers. You sent letters to the -- to the FBI regarding the alleged hacking on your computers, correct? A No, I talked to an FBI agent. Q Never sent a letter? A I -- a physical paper, snail mail letter. Q Or an electronic mail message. A I don't recall but I do know I have a relationship with the guy who runs the Rolling Meadows FBI office and he's -- he has all the information regarding my hacking. Q And isn't it the case that you've never assert Canada to the FBI that it was Mr. Marchese that was responsible for the alleged hacking? A I think that's the FBI's job to find out who did that. I gave them my evidence logs of the I.P.s of the hacking. Q Isn't it the case that you told the FBI that the hacking was done by a William Ulrich? A William Ulrich, of course sued for road with Janice Shell who is Richard Marchese's employer. So there's your tie to Mr. Marchese. Q But you told them that it was William Ulrich who did this? A William Ulrich and Janice shell admitted online to uploading the graphic on to my web site and that's what I told the FBI. And Janice Shell, by the way is an employee of Richard Marchese's. Q Let me show you what I will have marked for identification as exhibit 11. ({WIT NAME} Exhibit No. {Number} marked as requested.) BY MR. ARGENTAR: Q Take a look at this and let me know if you've ever seen it before? A Why yes. MR. RICHTER: I have a question. Has this been produced in discovery. MR. ARGENTAR: This was taken off of the computers -- you had reviewed this document and it was turned over to me as part of the production from the computer. MR. RICHTER: From Jonathan Bob. MR. ARGENTAR: From Jonathan Bob. The marking on the top, I don't know whether that's your or his. MR. RICHTER: It would probably be his tab number. Yes. Okay. BY MR. ARGENTAR: Q You've seen this document before? A I wrote it. Q You wrote it. Did you send it or give it to Mr. Brian Beane of the FBI. A What I did was I wrote this on my word processor and I fax it to agent Beane after talking to him on the phone about the hacking, when I gave him the police report of -- the pro toe call is when a criminal act happens I get a police report and then Mr. -- agent Beane wants me to give him the police report and he puts this into his file at the FBI. MR. ARGENTAR: Let's take a break. About five minutes. THE VIDEOGRAPHER: Going off the record at 10:20 p.m. -- a.m., excuse me. (Recess taken from {time} {a.m.\|p.m.} to {time} {a.m.\|p.m.}) THE VIDEOGRAPHER: Going back on the record at 10:25 a.m., please proceed. BY MR. ARGENTAR: Q Mr. Dobry, you have admitted that you posted messages on the Internet in which you have stated or implied that Mr. Marchese is a member or affiliated 24 with organized crime; isn't that true? A Can you show me those posts. Q No. I'm asking you a question. A My answer to you is you would have to show me the post Mr. Argentar. Q With due respect, I don't have to do anything, but I am going to show you what has been previously marked as exhibit number 9. A That wasn't so hard. Q Okay. These are your responses to the first set of request for admissions. Looking at the last page, you signed these under oath. Do you recall that? A (Witness reviewing the document.) That's my signature. I vaguely remember it but -- I mean it's a while ago. Q But that is your signature. A That's my signature, yes.