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10/20/2015 01:08:15 PM
164 also going to follow Miss McCawley's instructions on not answering on behalf of --
MR. SCAROLA: Mr. Cassell will follow the instructions of Virginia Roberts' counsel. It is not his privilege to waive, and he is ethically obliged to respect the direction coming from Virginia Roberts’ counsel.
MR. SIMPSON: Yes, I'm -- I'm simply,
Mr. Scarola, making my record that the witness --
MR. SCAROLA: I understand that.
MR. SIMPSON: Right. We disagree.
MR. SCAROLA: I understand, but you can assume the same way I have authorized you to assume that Professor Cassell will follow my instructions, Professor Cassell will also follow all instructions concerning the assertion of attorney/client privilege expressed on the record by Miss McCawley on behalf of Virginia Roberts.
MR. SIMPSON: All right.
BY MR. SIMPSON:
Q. So, Mr. Cassell, based on that, I will assume that if I ask you what you recall the discussion being
at the meeting or at each of the phone calls, that
you're not going to answer those questions; is that
correct? ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400
165 MS. McCAWLEY: Yes. THE WITNESS: Yeah, obviously not. BY MR, SIMPSON: Q. Okay.
A. I mean, I have a duty to my client which I'm
going to respect. Q. Allright. So we'll -- we'll take that up later with the judge.
As of December 30th, 2014, had you spoken about this case with David Boies, and the question is just: Had you spoken --
MS. McCAWLEY: Objection.
BY MR. SIMPSON: Q. _-- not what the discussion was.
MS. McCAWLEY: Objection. It's the
common-interest privilege. BY MR. SIMPSON:
Q. I'm only asking if there was a discussion, no substance at all. Just, was there a discussion?
MS. McCAWLEY: I'm going to instruct you not
to answer that.
MR. SIMPSON: Okay. You're taking the
position that the fact of whether or not --
MS. McCAWLEY: Yes, because you're also
trying to get into the timing of communications, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400
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Page 164 to 167 of 335
166 and all that goes into the advice that they were giving her and surrounding that advice, so I would object to that.
MR. SCAROLA: Could I have the question read back?
(Thereupon, a portion of the record was read by the reporter.)
MS. McCAWLEY: And I would like to clarify what case as well that you're referring to.
MR. SIMPSON: All right. Let me ask the question, and -- and I will note for the record that yesterday, the witness testified that the fact that Mr. Boies was representing Virginia Roberts was significant to him. So it’s sort of being used as a sword and a shield here, but I have only asked the question. I'll clarify.
MR. SCAROLA: We haven't used it any way yet.
MR. SIMPSON: Well, the -- the witness volunteered, Shail I put it that way? And we have a waiver.
BY MR. SIMPSON:
Q. But, in any event, my question is: Have you spoken -- before December 30th of 2014, had you spoken with David Boies about Virginia Roberts’ allegations regarding Professor Dershowitz?
ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400
167 MR. SCAROLA: Without getting into the substance of any such discussions, you can answer
that question. THE WITNESS: My recollection is no. MR. SCOTT: I think you're right on that one. BY MR. SIMPSON: Q. Okay. So the answer is, no, you had not
spoken with him? A. My recollection --
MR, SCAROLA: Judge Scott has issued a ruling, so --
MR. SCOTT: I wrote several opinions on that actually.
MR. SCAROLA: -- we'll proceed,
THE WITNESS: Let me go back --
MR, SCOTT: In the context of criminal lawyers.
THE WITNESS: I'm trying to remember if I wrote any opinions on that one when I was a judge. My -- I don't recall, but -- I don’t recall. I -- my recollection is I had not
personally spoken to David Boies before December 30th, 2014, BY MR. SIMPSON: Q. Okay. Had you, before December 30th of 2014, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400
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