Moxon got confidential LMT files
A-004-061902-Haney-V1.txt15 THE COURT: I don't know if they made a deal or 16 not. That is your assessment of it.
17 All I can tell you is that Mr. Keane will say 18 that some of these hard drives were destroyed, this 19 and that. And apparently they came from Mr. Minton 20 or Ms. Brooks or somebody that had removed these in 21 some fashion and who produced them.
22 Now, I don't know, either. But I do -- I did 23 notice that in this packet of stuff that there are 24 things from 1998, clearly under anybody's thoughts, 25 before LMT was ever incorporated, ever formed or 7 1 anything of the sort. So I don't know what to do -- 2 MR. DANDAR: Let me -- 3 THE COURT: -- about this.
4 MR. DANDAR: Let me hand you what I don't think 5 you have been provided yet from yesterday. And this 6 is the one I talked about. This is the September 5, 7 2001 order from Judge Beach, because this is where 8 Mr. Moxon came to argue his motion that the LMT has 9 not complied with the orders of the Court.
10 And I want to -- first of all, I would like you 11 to read the whole thing, because it talks about 12 everything that was ordered to be preserved and 13 produced.
14 THE COURT: Okay.
15 MR. DANDAR: Now, this order restricted and 16 narrowed the scope that originated first with Judge 17 Moody, was broadened to anything, practically, with 18 Judge Quesada. And then Judge Beach narrowed it.
19 We had a hearing on this with Mr. Merrett. I 20 was there representing the estate. Mr. Moxon was 21 there representing the defendants. And there was 22 argument that Mr. Moxon wanted a broad category like 23 Judge Quesada had ordered.
24 Judge Beach said no. Paragraph 7: "The Court 25 clarifies the term 'witness' and limits the scope of 8 1 discovery to persons who have any facts, directly or 2 indirectly, about how this case," meaning the 3 wrongful death case, "arose out of the incident 4 occurring with respect to Lisa McPherson. This 5 includes any witness that has any evidence of any 6 activity with other witnesses' gathering of 7 information from other witnesses or payments to 8 other witnesses."
9 Judge Moody started this discovery by saying 10 that they were only allowed to -- defense was only 11 allowed to get videos of people making statements 12 who were on my witness list concerning this case who 13 I was going to call, because the only reason anybody 14 would want a statement of a witness is to impeach 15 that witness.
16 And then Mr. Moxon -- or the defense added on 17 Bob Minton, Stacy Brooks. And I made an argument, 18 and I carried it to the extreme, pretty soon they're 19 going to be adding on my secretary, my wife, my 20 neighbors next door, and want to go get their bank 21 records, financial information, statements, 22 whatever.
23 Judge Beach narrowed that in Paragraph 7 to 24 witnesses of this case. In these documents -- and 25 there was no -- the procedure that I understood to 9 1 exist is once the master had gathered the 2 information, he would provide it to the Court, and 3 the Court would determine what complied with the 4 order.
5 But what happened is Mr. Moxon shows up at the 6 master's office, without letting us know he's there, 7 and grabs this information as the master puts it 8 down on the table, thinking, I believe, this 9 complies with the order of the Court.
10 And I don't believe -- and I'll get corrected, 11 I'm sure -- that there is an order of the Court that 12 says Mr. Moxon can go to the master's office and sit 13 there and wait for an -- or an agent of the defense 14 and sit and wait for the documents to come in, and 15 grab them before the plaintiff has a chance -- 16 THE COURT: Let's not use the word "grab"
17 because that would be offensive. I don't have any 18 evidence he grabbed them. I have evidence that he 19 was provided them and he took them -- 20 MR. DANDAR: All right.
21 THE COURT: -- as provided by the special 22 master.
23 MR. DANDAR: Right. I don't believe there is 24 an order that says that can take place.
25 THE COURT: There is an order, and I don't know 10 1 what it is or what it says, but there is an order 2 that set up the special master.
3 I'm sure what Judge Beach didn't want to do and 4 what I really don't want to do is to have to look at 5 all these hundreds and thousands of documents. That 6 is why a special master was put into place to begin 7 with so -- I don't know where it is. But I would 8 hope that Judge Beach, when he appointed the special 9 master -- because I believe it was him who appointed 10 the special master, because apparently when LMT 11 showed up for this deposition they didn't do what 12 they were supposed to do, is what I guess, and so a 13 special master was appointed to do certain things.
14 I don't know where that order is but there must 15 be one. And I can assume that Mr. Keane was trying 16 to comply with these orders in whatever it was he 17 did.
18 MR. DANDAR: I'm sure he was. But I don't 19 think the order contemplated an ex parte 20 communication and gathering of information.
21 THE COURT: Well, where is the order? Somebody 22 give me the order. Let me see what it says.
23 MR. DANDAR: I don't have that.
24 THE COURT: Well, that is what we need. We 25 need the order -- it would be an order setting up 11 1 this special master and telling the special master 2 what they were to do.
3 MR. DANDAR: Well, while they're looking for 4 that, let me tell you what is wrong with this 5 production. Besides having a couple of my work 6 product letters between me and my expert, Vaughn 7 Young, and my consultant, Stacy Brooks, what is on 8 here are a bunch of E-Mail addresses, a bunch of 9 E-Mail addresses of people who are not witnesses in 10 this case.
11 And I believe -- and it is only upon my belief, 12 I don't have any hard facts yet -- these are people 13 who sought help from the Lisa McPherson Trust, which 14 the discovery orders of this Court forbade the 15 defendants to have that, the identity of those 16 people.
17 And that is what is the most flagrant problem 18 with this production.
19 THE COURT: Well, you know, the problem with 20 that is the person who needs to be making that 21 argument is the lawyer for LMT, the lawyer for Stacy 22 Brooks, the lawyer for Bob Minton, or the lawyer for 23 Mr. Bunker. That is one in the same. And he hasn't 24 made it.
25 MR. DANDAR: And I think it is telling that he 12 1 hasn't made it.
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