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10/20/2015 01:08:15 PM
156 DEPOSITION OF PAUL G. CASSELL
Saturday, October 17, 2015
THE VIDEOGRAPHER: We are now on the video record. Today is Saturday, the 17th day of October, 2015. The time is 8:32 a.m. We are here at 425 North Andrews Avenue, Fort Lauderdale, Florida, for the purpose of taking the videotaped deposition of Paul G. Cassell.
The case is Bradley J. Edwards and Paul G. Cassell versus Alan M. Dershowitz.
The court reporter is Terry Tomaselli, and the videographer is Don Savoy, both from Esquire Deposition Solutions.
Will counsel please announce their appearances for the record.
MR. SCAROLA: Jack Scarola on behalf of the Plaintiffs.
MR. SIMPSON: Richard Simpson of Wiley Rein on behalf of the Defendant and Counterclaim Plaintiff, Alan Dershowitz. With me is my colleague, Nicole Richardson, and Thomas Scott of Cole, Scott & Kissane, also for Mr. -~ Professor Dershowitz.
MR. SCAROLA: Before we begin the deposition,
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157 we were informed for the first time yesterday morning of the existence of a recording of a telephone communication between Alan Dershowitz and a woman identified only as Rebecca.
That information was conveyed to us subsequent to Professor Dershowitz's sworn testimony that no recording existed, but now that we know that the recording existed and that it was obviously made according to the representations given to us, prior to the completion of the responses to our earlier discovery requests, I would like to know whether it is the Defendant's position that it is necessary for us to propound a new discovery request to get information that clearly should have been disclosed in response to the earlier discovery request.
Is that the position that you're taking?
MR. SIMPSON: First, Mr. Scarola, I believe you have mischaracterized Professor Dershowitz's testimony. You didn't ask the question whether he made a recording. Yesterday morning, he provided that information in response to a different question.
MR. SCAROLA: His exact testimony was: I ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400
158 oo201 1 never thought to record it, but that's fine. e020 2 MR. SIMPSON: We don't -- we don't need to ooo205 3 make that -- oozes 4 MR. SCAROLA: We don't need to discuss that. coors § The question is -- oooz0s § MR. SIMPSON: What you're saying does -- ooor0s «7 MR. SCAROLA: -- are you going to produce the ooozos 8 recording without the necessity of anew request cooz10 9 to produce, or will it be necessary for us to o0213 10 file a new request to produce? oo0215 11 MR. SIMPSON: As Mr. Scott indicated oxo2z17 12 yesterday, we will respond to you to the o.o219 13 discovery request. We will confer at a break and 00223 14 respond to that question. I don't want to take ooo224 15 time on the record debating it. After Mr. Scott oooz28 16 and I have conferred at a break, we will respond oooz23 17 further to your question. ooo230 18 MR. SCAROLA: All right. So that the record oooz31 19 is clear, it is our position that the recording ooozas 20 itself, any evidence of any communication between oooza0 21 Mr. Dershowitz and Rebecca and/or Michael, any oovzas 22 notes with respect to any such communications, ooozse 23 text messages, e-mails, and an accurate privilege ooozs7 24 log as to everything that is being withheld is ooo: 25 responsive to the earlier request to produce, and ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 159 oooxos «1 that the obligation was to have provided it to us cooxos 2 previously and is to provide it to us now. 000311 3 We understand that you're considering that ois 4 and you will respond, so we can proceed with the oo31s § deposition. oooats §=§ MR. SIMPSON: Yes. And we disagree about coor 7 that, and as you know, we have a motion to compel ow1s § regarding your inadequate privilege log. oo0s24 9 MS. McCAWLEY: Just before we begin, I'm oo328 10 sorry, I didn't announce my appearance for the oo 11 record. Sigrid McCawley from Boies, Schiller & oo0322 12 Flexner, and I have a standing objection that I'd oo0331 13 just like to repeat on the record. oo0s32 14 MR. SCOTT: Feel better that you got that off ooos32 15 your chest? 000332 16 MS. McCAWLEY: With respect to -- excuse me. 00.0334 17 With respect to my client, Virginia Roberts, oowsar 18 she is asserting her attorney/client privilege ooos32 19 with her attorneys and is not waiving it through coors: 20 any testimony here today, and that I object to oss 21 any testimony elicited that would be used as a oooss7 22 Subject of waiver for her attorney/client ooosss 23 privilege. 24 MR. SIMPSON: Would you reswear the witness, 25 please?
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