· 6 years ago · Apr 01, 2019, 02:30 AM
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61 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA
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103 LU ANNE ESPOSITO,
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134 Plaintiff,
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165 vs. CIVIL ACTION FILE NO. 17-1-02611
176 KATHY SCOTT a/k/a KATHERINE SCOTT a/k/a
187 KATHERINE VOZZOLA,
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218 Defendant.
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25DEPOSITION OF LU ANNE ESPOSITO
2610 February 7, 2018 9:52 a.m.
2711 Levenson & Associates 125 Broad Street, SW
2812 Atlanta, Georgia
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3113 Valerie N. Almand, RPR, CRR, CRC
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731 INDEX OF EXHIBITS
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762 DEFENDANT'S
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793 EXHIBIT DESCRIPTION PAGE
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824 Exhibit 1 Verifications of Lu Anne
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855 Esposito in instant case
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886 Exhibit 2 Plaintiff's Responses and/or
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917 Objections to Defendant's
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948 First Interrogatories to
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979 Plaintiff
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10010 Exhibit 3 Mutual Nondisclosure Agreement
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10311 between AppSame, Inc. and Red
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10612 Nation Rising (Plaintiff
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10913 000049-51)
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11214 Exhibit 4 Fundraising Consultant
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11415 Agreement between 4 Tier
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11716 Strategies and Buzz Strategies
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12017 (Plaintiff 000054)
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12318 Exhibit 5 Limited Liability Partnership
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12619 Annual Report of Buzz
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12920 Strategies LLP for 2016
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13221 Exhibit 6 LinkedIn profile of Lu
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13522 Esposito
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1511 Exhibit 7 Fundraising Consultant
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1542 Agreement between Ward for
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1573 Senate and Buzz Strategies
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1604 (Plaintiff 000054)
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1635 Exhibit 8 forwarded email message from
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1666 James Lysaght to Kathy Scott
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1697 Exhibit 9 Affidavit of J.D. Winteregg
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1728 Exhibit 10 Buzz Strategies Online Funding
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1759 Proposal for 4 Tier
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17810 Strategies/J.D. Winteregg
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18111 (Plaintiff 000079)
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18412 Exhibit 11 printed Tweet of Lu Esposito
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18713 Exhibit 12 Plaintiff's Responses and/or
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19014 Objections to Defendant's
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19215 First Requests for Production
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19516 of Documents to Plaintiff
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19817 Exhibit 13 Plaintiff's Supplemental
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20118 Responses and/or Objections to
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20419 Defendant's First
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20720 Interrogatories to Plaintiff
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21021 Exhibit 14 article entitled PIO Lu
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21322 Esposito Posts Fake Story
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21623 Libels Woman who Accused her
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21924 Bosses of Harassment
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2291 Exhibit 15 article entitled Well Known
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2322 Alleged Cyber Stalker Plays
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2353 Victim
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2384 Exhibit 16 article entitled Portrait of a
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2415 Cyberstalker: Lu Anne
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2446 Esposito - Not a Real PIO
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2477 Garner PD Calls for Service
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2508 Report
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2539 Exhibit 17 printout of archived Tweets
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25610 Exhibit 18 printout of archived Tweets
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25911 Exhibit 19 printout of archived Tweets
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26212 Exhibit 20 printout of archived Tweets
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26513 Exhibit 21 printout of archived Tweets
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26814 Exhibit 22 printout of archived Tweets
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27015 Exhibit 23 printout of archived Tweets
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27316 Exhibit 24 printout of archived Tweets
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27617 Exhibit 25 printout of archived Tweets
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27918 Exhibit 26 printout of archived Tweets
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28219 Exhibit 27 printout of archived Tweets
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28520 Exhibit 28 printout of archived Tweets
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28821 Exhibit 29 printout of archived Tweets
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29122 Exhibit 30 printout of archived Tweets
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29423 Exhibit 31 printout of archived Tweets
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29724 Exhibit 32 printout of archived Tweets
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3071 Exhibit 33 printout of archived Tweets
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3102 Exhibit 34 article entitled
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3133 BB&T Reveals Victim's Name to
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3164 Stalker who Happens to Be BB&T
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3195 Exec's Wife
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3226 Exhibit 35 printout of archived Tweets
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3257 Exhibit 36 article from Doxing Twitter
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3288 entitled The Investigation
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3319 Exhibit 37 article from Doxing Twitter
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33410 entitled False Claims and
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33711 Accusations Revealed, Ignored
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34012 by Cobb PD
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34313 Exhibit 38 printout of archived Tweets
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34614 Exhibit 39 email string (Plaintiff
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34815 000004-5)
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35116 Exhibit 40 Plaintiff's Responses to
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35417 Defendant's Second
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35718 Interrogatories to Plaintiff
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36019 Exhibit 41 printout about Ghost Cyber
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36320 Intelligence
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36922 Exhibit 42 Georgia Secretary of State
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37223 printout re Ghost Cyber
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37524 Intelligence LP
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3851 Exhibit 43 printout about Ghost Cyber
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3882 Intelligence
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3913 Exhibit 44 screenshot of texts
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3944 Exhibit 45 Plaintiff's Second
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3975 Supplemental Responses to
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4006 Defendant's First Request for
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4037 Production of Documents
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4068 Exhibit 46 Plaintiff's Third Supplemental
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4099 Responses to Defendant's First
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41210 Request for Production of
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41511 Documents
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41812 Exhibit 47 Plaintiff's Response to
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42113 Defendant's Second Request for
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42414 Production of Documents to
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42615 Plaintiff
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42916 Exhibit 48 Kathy's archives including
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43217 blog printout (Plaintiff
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43518 000083-85)
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43819 Exhibit 49 Criminal Warrant Application
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44120 dated 9/15/2017
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44421 Exhibit 50 printout of archived Tweets
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44722 with attached Order on Warrant
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45023 Application(s) and Incident
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45324 Report
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45625 Exhibit 51 printout of archived Tweets
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4631 Exhibit 52 letter of June 21, 2016 from
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4662 Hatch, Little & Bunn, LLP to
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4693 Katherine Scott with
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4724 attachments
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4755 Exhibit 53 printout of archived Tweets
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4786 with attached Hacker
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4817 Interviews - The Watcher, and
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4848 Well Known Alleged Cyber
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4879 Stalker Plays Victim
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49010 Exhibit 54 printout of archived Tweets
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49311 Exhibit 55 printout of archived Tweets
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49612 Exhibit 56 printout of archived Tweets
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49913 Exhibit 57 printout of archived Tweets
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50214 Exhibit 58 printout of archived Tweets
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50415 Exhibit 59 printout of archived Tweets
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50716 with attachments
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51017 Exhibit 60 printout of archived Tweets
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51318 Exhibit 61 printout of archived Tweets
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51619 Exhibit 62 printout of archived Tweets
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51920 Exhibit 63 printout of archived Tweets
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52221 INDEX OF EXAMINATION
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52522 By Mr. Davis Page 9
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5411 APPEARANCES OF COUNSEL:
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5442 On behalf of the Plaintiff:
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5473 LOUIS LEVENSON, Esquire (for time noted)
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5504 GEORGE LOTT, Esquire (for times noted)
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5535 Levenson & Associates
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5566 125 Broad Street, SW
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5597 Atlanta, Georgia 30303-3437
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5628 404.659.5000
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5659 On behalf of the Defendant:
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56810 WILLIAM DANIEL DAVIS, Esquire
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57111 Ichter Davis, LLC
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57412 3340 Peachtree Road, NE
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57713 Suite 1530
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58014 Atlanta, Georgia 30326
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58215 404.869.5261
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58516 Also Present: Kathy Scott
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60021 (Pursuant to Article 10(B) of the Rules
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60322 and Regulations of the Georgia Board of Court
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60623 Reporting, a written disclosure statement was
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60924 submitted by the court reporter to all counsel
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61225 present at the proceeding.)
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6191 LU ANNE ESPOSITO,
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6222 having been duly sworn, was examined and testified
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6253 as follows:
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6284 EXAMINATION
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6315 BY MR. DAVIS:
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6346 Q. Good morning, Ms. Esposito.
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6377 A. Good morning.
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6408 Q. You understand you're here today
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6439 testifying under oath.
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64610 A. Yes.
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64911 Q. Have you ever been deposed before?
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65212 A. No.
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65513 Q. It's pretty straightforward. I'll ask
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65814 you questions. You should answer them honestly.
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66015 Please make sure that you let me finish my
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66316 question before you answer me, even if it's
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66617 obvious what my question's going to be, just
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66918 because it makes Valerie's job much easier and it
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67219 makes the resulting transcript easier to read. Do
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67520 you understand?
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67821 A. Yes.
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68122 Q. And the only other real tip is to make
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68423 sure you give verbal answers as opposed to head
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68724 shakes, because those do not show up on the
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69025 transcript.
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6971 A. Yes.
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7002 Q. I'm going to show you what we'll mark as
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7033 Defendant's Exhibit 1.
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7064 MR. DAVIS: And I was hoping you had
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7095 exhibit stickers.
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7126 (Defendant's Exhibit 1 marked)
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7157 BY MR DAVIS:
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7188 Q. So, Ms. Esposito, I'll show you a
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7219 document that's marked as Defendant's Exhibit
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72410 Number 1. And after Mr. Levenson takes a look at
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72711 it all I need you to do is verify that your
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73012 signature appears on each of those pages.
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73313 MR. LEVENSON: Is this -- there are two
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73614 copies of the same document?
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73815 MR. DAVIS: There are multiple
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74116 verifications.
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74417 MR. LEVENSON: Well, I -- okay. Your
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74718 question is what?
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75019 BY MR. DAVIS:
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75320 Q. My question, Ms. Esposito, is can you
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75621 verify that your signature appears on each of
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75922 these pages.
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76223 A. It appears to be my signature. However,
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76524 I don't remember Ryan Daniels, and I do not recall
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76825 a notary public in Gwinnett County.
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7751 Q. Okay. With respect to the first page,
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7782 did you sign this piece of paper in front of a
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7813 notary?
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7844 A. I remember certifying those responses. I
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7875 remember certifying my responses to those
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7906 documents.
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7937 Q. Here's my question, ma'am. The first
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7968 page of Exhibit 1, did you sign that in front of a
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7999 notary?
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80210 A. I just don't remember his name. I don't
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80511 remember being in Gwinnett County when I did this.
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80812 I --
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81113 Q. So, so I understand, you believe you
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81414 signed the first page of Exhibit 1 in front of a
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81615 notary but you don't remember the notary being
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81916 Mr. Daniel.
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82217 A. Or being a Gwinnett County notary,
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82518 correct.
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82819 Q. Just so you know, that means that the
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83120 notary --
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83421 A. That's where he was commissioned.
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83722 Q. Right.
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84023 A. Right. That's the county he was
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84324 commissioned from. I --
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84625 Q. Okay.
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8531 A. Possibly it was. I remember only females
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8562 at BB&T being my notaries, and, you know, it's
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8593 very possible this was July, 2017.
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8624 Q. And --
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8655 A. It's possible.
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8686 Q. And the notaries at BB&T would have been
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8717 Vanessa Dickerson and Miranda White?
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8748 A. Yes, one of them is Franklin County and
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8779 the other one is -- so very possibly, but I do not
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88010 recall who or where that was. But I did certify
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88311 my responses that you were sent. I just can't
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88612 verify right here, right now, that this is the
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88913 document that I signed.
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89214 Q. All right. I'm going to show you what's
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89415 been marked as Exhibit 2.
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89716 (Defendant's Exhibit 2 marked)
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90017 BY MR. DAVIS:
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90318 Q. Exhibit 2 purports to be your responses
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90619 to certain interrogatories asked by Ms. Scott. Do
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90920 you recognize these?
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91221 A. Yes, I recognize this document.
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91522 Q. Okay. I want to ask you about
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91823 Interrogatory Number 3, so go back one page. And
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92124 Interrogatory Number 3 says in paragraph 13 of
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92425 your complaint you allege certain contracts have
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9311 been canceled because of defendant's conduct.
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9342 Identify the material terms of all such contracts.
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9373 Then the response was objections followed by some
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9404 information.
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9435 You see the first bullet point here in
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9466 response to this interrogatory is: 10 percent of
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9497 funding that was under negotiation with Red Nation
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9528 Rising with AppSame, do you see that?
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9559 A. Correct.
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95810 Q. Okay. So that's the first thing I want
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96111 to ask you about. Tell me if you personally had a
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96412 contract with Red Nation Rising.
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96713 A. Personally, a written contract?
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97014 Q. Well, any kind of agreement with Red
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97215 Nation Rising.
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97516 A. Yes, I have many verbal agreements with
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97817 Red Nation Rising.
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98118 Q. That were an affected by Ms. Scott's
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98419 purported behavior.
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98720 A. Correct.
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99021 Q. What is AppSame?
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99322 A. Best described as a political nonprofit,
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99623 I believe. I believe.
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99924 Q. Do you have some relationship with
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100225 AppSame? Were you a member or somehow affiliated
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10091 with it?
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10122 A. No.
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10153 Q. Okay. Well, help me understand this
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10184 sentence, then. 10 percent of funding under
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10215 negotiation for Red Nation Rising with AppSame.
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10246 Explain what that sentence means, please.
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10277 MR. LEVENSON: Let me just object to the
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10308 form of the question. Your question, Dan, is for
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10339 her to explain what the statement means there?
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103610 MR. DAVIS: I just need some help
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103911 understanding what this written sentence means. I
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104212 don't really understand.
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104513 MR. LEVENSON: Okay. I understand the
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104814 question.
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105015 Do you understand the question?
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105316 A. Red Nation Rising was approached by the
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105617 organization AppSame.
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105918 BY MR. DAVIS:
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106219 Q. You sued Ms. Scott. You said I had
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106520 contracts that were canceled because of stuff
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106821 Ms. Scott did. We asked you what contracts. This
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107122 is your response. I'm trying to figure out what
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107423 your response means.
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107724 There's three bullet points. The first
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108025 bullet point purports to identify one of those
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10871 contracts. AppSame approached Red Nation Rising.
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10902 How does that have anything to do with this
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10933 lawsuit?
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10964 A. To clarify, you asked me about the
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10995 organization AppSame, and I'm trying to explain --
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11026 I did explain that.
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11057 Q. I'm trying to understand what Red Nation
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11088 Rising, AppSame, and this interrogatory response
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11119 has to do with this lawsuit. So help me
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111410 understand what contract was under negotiation,
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111711 what you had to do with it, why you think it was
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112012 canceled. Does that make sense, please?
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112313 MR. LEVENSON: I'll object to the form.
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112614 THE WITNESS: It's a multipart question.
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112815 Sorry.
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113116 MR. LEVENSON: Let me do my job, if you
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113417 don't mind.
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113718 THE WITNESS: Sorry.
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114019 MR. LEVENSON: I'll object to the form of
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114320 the question, if you can answer that question as
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114621 it was asked, you may do so. If not, then respond
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114922 appropriately.
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115223 A. Can you ask me a more specific direct
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115524 question?
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115825 BY MR. DAVIS:
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116016
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11651 Q. You sued Ms. Scott. You said Ms. Scott
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11682 cost you money. How?
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11713 A. We were negotiating a contract, a funding
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11744 opportunity, for Red Nation Rising, that would be
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11775 coming from the organization AppSame.
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11806 Q. Okay. And when you said "we," who is we?
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11837 A. Jim and I, mostly me.
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11868 Q. Jim would be Jim Lysaght?
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11899 A. Uh-huh.
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119210 Q. Yes?
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119511 A. Yes.
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119812 Q. Mr. Lysaght is affiliated with Red Nation
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120113 Rising, correct?
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120414 A. Yes.
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120615 Q. Did you and Red Nation Rising actually
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120916 enter into some sort of funding agreement?
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121217 A. Clarify, funding agreement.
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121518 Q. You said that we were negotiating with --
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121819 a contract with Red Nation Rising where the money
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122120 would come from AppSame. Did you actually enter
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122421 into an agreement or were those negotiations?
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122722 A. That actually is not what I said. Jim
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123023 Lysaght and I were negotiating with AppSame a
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123324 funding opportunity for Red Nation Rising.
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123625 Q. And were those negotiations consummated
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12431 into any kind of formal agreements?
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12462 A. No.
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12493 Q. Why was that?
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12524 A. They were interrupted.
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12555 Q. In what way?
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12586 A. By Ms. Scott.
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12617 Q. And who terminated the negotiations?
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12648 A. My part in the negotiations were
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12679 interrupted. I don't know that they were
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127010 terminated.
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127311 Q. How was your part in the negotiations
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127612 interrupted?
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127913 A. My entire relationship with Red Nation
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128214 Rising was interrupted. Ms. Scott has claimed
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128415 that she got me fired from there. That may be
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128716 true. She has more conversations now with Jim
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129017 Lysaght than I do.
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129318 Q. All right. Here's what I'm trying to get
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129619 at. You're in negotiations with Jim, right?
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129920 A. Uh-huh.
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130221 Q. Why did those negotiations end?
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130522 A. I just told you.
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130823 Q. Please help me understand. Because
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131124 Ms. Scott got involved in some way?
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131425 A. Ms. Scott claims that she got me fired
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13211 from Red Nation Rising. That may be true. She
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13242 has more conversations with Jim than I do. She
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13273 would know better than I would.
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13304 Q. I'm not asking you about what Ms. Scott
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13335 said.
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13366 A. I'm telling you what I know.
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13397 MR. LEVENSON: You have to let him finish
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13428 the entirety of his question, Ms. Esposito. Then
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13459 take a pause --
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134810 THE WITNESS: I'm sorry.
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135111 MR. LEVENSON: -- and answer the question
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135412 after he's finished the question.
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135713 THE WITNESS: Okay.
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136014 MR. LEVENSON: I'm sorry.
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136215 MR. DAVIS: No, thank you.
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136516 BY MR DAVIS:
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136817 Q. Here's what I'm trying to get at. Did
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137118 Mr. Lysaght just stop talking to you or did you
1372
1373
137419 say, I am no longer going to proceed with these
1375
1376
137720 negotiations, or something different or some
1378
1379
138021 permutation of those things? How is it that the
1381
1382
138322 negotiations stopped?
1384
1385
138623 A. I can't recall completely how that
1387
1388
138924 transpired without looking at the history. So I
1390
1391
139225 would have to look at archives and whatnot.
1393
139419
1395
1396
1397
1398
13991 Q. What archives?
1400
1401
14022 A. Archives, Twitter accounts.
1403
1404
14053 Q. Where are those? Have you produced those
1406
1407
14084 to us in this lawsuit?
1409
1410
14115 A. Yes. They were in my exhibits that I
1412
1413
14146 returned, in this document or in the first round.
1415
1416
14177 Q. Explain to me how you would have been
1418
1419
14208 paid if this agreement with Red Nation Rising had
1421
1422
14239 been consummated.
1424
1425
142610 A. The agreement that we had was 10 percent
1427
1428
142911 of the funding.
1430
1431
143212 Q. So if AppSame raised a certain amount of
1433
1434
143513 money you'd receive 10 percent?
1436
1437
143814 A. Not as -- no, that's not exactly how it
1439
144015 worked. But --
1441
1442
144316 Q. Well, I'm here to try and understand how
1444
1445
144617 it worked. All I know is what's written on this
1447
1448
144918 sheet of paper. So help me understand the
1450
1451
145219 fundraising and the compensation for it, please.
1453
1454
145520 A. My best recollection of the conversations
1456
1457
145821 that Jim and I had about the funding is what was
1459
1460
146122 offered and delivered by AppSame because of my
1462
1463
146423 work that was done on that project would be -- 10
1465
1466
146724 percent would be awarded to my company for raising
1468
1469
147025 the money.
1471
147220
1473
1474
1475
1476
14771 Q. When you say your company, what do you
1478
1479
14802 mean, Buzz Strategies?
1481
1482
14833 A. Yes.
1484
1485
14864 Q. So would the agreements with Red Nation
1487
1488
14895 Rising have been between Red Nation Rising and you
1490
1491
14926 personally or Buzz Strategies?
1493
1494
14957 THE WITNESS: Would it even matter, if we
1496
1497
14988 were filing the lawsuit?
1499
1500
15019 MR. DAVIS: I think it does, which is why
1502
1503
150410 I asked.
1505
1506
150711 MR. LEVENSON: I can't give you advice on
1508
1509
151012 that. You just need to answer that question. But
1511
1512
151313 your answer -- you can answer him the same way you
1514
1515
151614 just answered me, if you want.
1517
151815 A. I don't know that it would matter. And
1519
1520
152116 it's my understanding that it wouldn't. However,
1522
1523
152417 the conversations were with me. I believe, to the
1525
1526
152718 best of my recollection -- this is a long time
1528
1529
153019 ago -- Jim and I did discuss Buzz as a company,
1531
1532
153320 and that's as much as I remember off the top of my
1534
1535
153621 head.
1537
1538
153922 (Defendant's Exhibit 3 marked)
1540
1541
154223 BY MR. DAVIS:
1543
1544
154524 Q. I'm going to show you what we've marked
1546
1547
154825 as Exhibit 3, which for the record is Bates
1549
155021
1551
1552
1553
1554
15551 labeled 49 to 51. And is this agreement or
1556
1557
15582 putative agreement between AppSame and Red Nation
1559
1560
15613 Rising that we've just been discussing, or do you
1562
1563
15644 know?
1565
1566
15675 A. Mutual nondisclosure, yes.
1568
1569
15706 Q. You're aware you produced this document
1571
1572
15737 to us in connection with this lawsuit, correct?
1574
1575
15768 A. Yes.
1577
1578
15799 Q. Do you have any other documents with
1580
1581
158210 Mr. Lysaght or AppSame or Red Nation Rising that
1583
1584
158511 relate to negotiations about this funding
1586
1587
158812 agreement?
1589
1590
159113 A. As far as I know we've produced
1592
1593
159414 everything.
1595
159615 Q. All right. Let's skip down to the next
1597
1598
159916 bullet points in the interrogatory. So, again, we
1600
1601
160217 asked you what contracts were canceled. The
1603
1604
160518 second bullet point says, Fundraising fees from
1606
1607
160819 J.D. Winteregg fundraising campaign. Campaign was
1609
1610
161120 stopped by Buzz Strategies.
1612
1613
161421 Do you see that?
1615
1616
161722 A. Yes.
1618
1619
162023 Q. So this second bullet point was a
1621
1622
162324 contract between Buzz Strategies and who?
1624
1625
162625 A. 4 Tier Strategies.
1627
162822
1629
1630
1631
1632
16331 Q. Okay. And what is Buzz Strategies?
1634
1635
16362 A. I don't understand the question.
1637
1638
16393 Q. Well, is it an LLC? That's what you said
1640
1641
16424 just a minute ago.
1643
1644
16455 A. It is an LLC now.
1646
1647
16486 Q. It is an LLC?
1649
1650
16517 A. Uh-huh, now.
1652
1653
16548 Q. Was it not an LLC at some point?
1655
1656
16579 A. It was a general -- it was originally a
1658
1659
166010 general partnership out of North Carolina.
1661
1662
166311 (Defendant's Exhibit 4 marked)
1664
1665
166612 BY MR. DAVIS:
1667
1668
166913 Q. I'll show you what we've marked as
1670
1671
167214 Exhibit 4, which for the record is labeled
1673
167415 plaintiff 54.
1675
1676
167716 MR. LEVENSON: I'm sorry, you said it's
1678
1679
168017 labeled -- what did you say, just general Exhibit
1681
1682
168318 4, did you say?
1684
1685
168619 MR. DAVIS: Exhibit 4, and the Bates
1687
1688
168920 label is Plaintiff 54.
1690
1691
169221 MR. LEVENSON: Got it. I'm sorry.
1693
1694
169522 MR. DAVIS: Okay. I've just got a lot of
1696
1697
169823 ground to cover, so I'm trying to --
1699
1700
170124 MR. LEVENSON: I like the idea of moving
1702
1703
170425 quickly.
1705
170623
1707
1708
1709
1710
17111 BY MR DAVIS:
1712
1713
17142 Q. Ms. Esposito, is this a copy of the
1715
1716
17173 fundraising consultant agreement between Buzz
1718
1719
17204 Strategies and 4 Tier Strategies that we were just
1721
1722
17235 talking about?
1724
1725
17266 A. Yes.
1727
1728
17297 Q. Do you have a copy that's ever been
1730
1731
17328 signed by 4 Tier Strategies?
1733
1734
17359 A. I did. I was not able to locate it.
1736
1737
173810 Q. And so it's your contention under oath
1739
1740
174111 that 4 Tier Strategies signed this document?
1742
1743
174412 A. Yes.
1745
1746
174713 Q. Well, your interrogatory response says
1748
1749
175014 that the campaign was stopped by Buzz Strategies.
1751
175215 Do you see that?
1753
1754
175516 A. Yes.
1756
1757
175817 Q. Buzz Strategies stopped doing what?
1759
1760
176118 Raising money for J.D. Winteregg?
1762
1763
176419 A. Yes.
1765
1766
176720 Q. And why is that?
1768
1769
177021 A. Because every -- every client that we had
1771
1772
177322 from this point until now, including Michael
1774
1775
177623 Loftus, as of just a couple of weeks ago, has been
1777
1778
177924 contacted by Ms. Scott with accusations of law
1780
1781
178225 breaking. With J.D. Winteregg specifically it was
1783
178424
1785
1786
1787
1788
17891 FEC violations, which as you know would look very
1790
1791
17922 negative to a candidate in a primary against the
1793
1794
17953 speaker of the house.
1796
1797
17984 Q. So Buzz Strategies decided just to
1799
1800
18015 terminate raising money for Mr. Winteregg rather
1802
1803
18046 than Mr. Winteregg or 4 Tier Strategies
1805
1806
18077 terminating the relationship, is that right?
1808
1809
18108 A. It was a conversation.
1811
1812
18139 Q. I don't know what that means.
1814
1815
181610 A. It was the result of a conversation with
1817
1818
181911 the campaign manager.
1820
1821
182212 Q. Who was a party to those conversations?
1823
1824
182513 You personally?
1826
1827
182814 A. No, my business partner.
1829
183015 Q. Who is Stacey Lennox?
1831
1832
183316 A. Yes.
1834
1835
183617 Q. And who's the campaign manager?
1837
1838
183918 A. John LaRosa.
1840
1841
184219 Q. And your understanding of what transpired
1843
1844
184520 in this conversation is based on what Ms. Lennox
1846
1847
184821 told you?
1849
1850
185122 A. Yes.
1852
1853
185423 Q. And it's your understanding that as a
1855
1856
185724 result of this conversation, what happened?
1858
1859
186025 A. We halted all fundraising. We pulled our
1861
186225
1863
1864
1865
1866
18671 entire business model down every workday.
1868
1869
18702 Q. But because 4 Tier Strategies says we're
1871
1872
18733 terminating this consulting agreement, or for some
1874
1875
18764 other reason?
1877
1878
18795 A. Because Ms. Scott would not stop
1880
1881
18826 contacting our clients.
1883
1884
18857 Q. Here's what I'm trying to get at. There
1886
1887
18888 may be a difference between whether 4 Tier said
1889
1890
18919 we're done with you because we believe Ms. Scott
1892
1893
189410 as opposed to you saying we're just going to stop
1895
1896
189711 performing under this agreement because Ms. Scott
1898
1899
190012 has gotten in our business. There may be a
1901
1902
190313 difference. I'm trying to understand how the
1904
1905
190614 relationship ended. Is it something that Buzz
1907
190815 Strategies initiated or 4 Tier initiated?
1909
1910
191116 A. I'm not aware of whether Stacey contacted
1912
1913
191417 John first or John contacted Stacey first.
1915
1916
191718 Q. Regardless of who made the initial phone
1918
1919
192019 call, whose decision was it in to end the
1921
1922
192320 relationship?
1924
1925
192621 A. It was a joint decision.
1927
1928
192922 Q. Then is there some reason why in your
1930
1931
193223 interrogatory it says campaign stopped by Buzz
1933
1934
193524 Strategies as opposed to campaign terminated
1936
1937
193825 through a joint decision by 4 Tier and Buzz
1939
194026
1941
1942
1943
1944
19451 Strategies?
1946
1947
19482 A. It's just the way I worded the answer.
1949
1950
19513 Q. If I was a juror how would I figure out
1952
1953
19544 how much money you would have made if you had
1955
1956
19575 performed this consulting agreement?
1958
1959
19606 MR. LEVENSON: And just -- you're
1961
1962
19637 pointing to Exhibit 4, correct?
1964
1965
19668 MR. DAVIS: Yes, sir.
1967
1968
19699 A. I guess that would be up to a jury.
1970
1971
197210 Q. Well, could a jury figure out how much
1973
1974
197511 money you would have made under this fundraising
1976
1977
197812 agreement? Is that possible?
1979
1980
198113 A. A jury can see how many times I was
1982
1983
198414 accused of FEC violations by your client.
1985
198615 Q. I understand you're upset, I get it. But
1987
1988
198916 that's not my question. My question, ma'am, is
1990
1991
199217 this. If I was a juror and I was looking at
1993
1994
199518 Exhibit 4, how do I figure out how much money you
1996
1997
199819 would have made under this consulting agreement?
1999
2000
200120 How is that determined?
2002
2003
200421 A. All I can say is that would be up to the
2005
2006
200722 jury.
2008
2009
201023 Q. Do you have any information you could
2011
2012
201324 give that would help them in making that decision?
2014
2015
201625 A. I have a forecast that we provided. As
2017
201827
2019
2020
2021
2022
20231 far as I know it was given to my lawyer to provide
2024
2025
20262 to you. As far as I know, you have it.
2027
2028
20293 Q. And the forecast was based on what? Was
2030
2031
20324 it just a projection or was it based on --
2033
2034
20355 A. It's a marketing forecast. It's based on
2036
2037
20386 assumptions.
2039
2040
20417 Q. Do they have any empirical basis in fact
2042
2043
20448 or is it entirely a projection?
2045
2046
20479 A. Empirical in marketing is different from
2048
2049
205010 empirical to a lawyer. I don't know how to
2051
2052
205311 explain that to you from a marketing perspective.
2054
2055
205612 Q. So my question was: The projection you
2057
2058
205913 prepared, is that based on actual money that Buzz
2060
2061
206214 Strategies raised for any particular campaign or
2063
206415 candidate?
2065
2066
206716 A. No.
2068
2069
207017 Q. Okay. Buzz Strategies' compensation
2071
2072
207318 under the consulting agreement as Exhibit 4 is 10
2074
2075
207619 percent of all money raised that is tracked to
2077
2078
207920 your social media campaigns, correct?
2080
2081
208221 A. Yes.
2083
2084
208522 Q. So the amount of money you would have
2086
2087
208823 made would be tied to the amount of money raised,
2089
2090
209124 correct?
2092
2093
209425 A. Yes.
2095
209628
2097
2098
2099
2100
21011 Q. Okay.
2102
2103
21042 (Defendant's Exhibit 5 marked)
2105
2106
21073 BY MR. DAVIS:
2108
2109
21104 Q. I'm going to show you what we'll mark as
2111
2112
21135 Exhibit 5. And this purports to be Buzz
2114
2115
21166 Strategies' annual report to the state of North
2117
2118
21197 Carolina for 2016 or 2017. Is the information on
2120
2121
21228 this piece of paper accurate?
2123
2124
21259 A. As far as I can tell.
2126
2127
212810 Q. You said that Buzz Strategies converted
2129
2130
213111 to a Georgia, LLC at some point; is that right?
2132
2133
213412 A. Yes.
2135
2136
213713 Q. When was that?
2138
2139
214014 A. June or July 2017.
2141
214215 Q. Before -- while Buzz Strategies was a
2143
2144
214516 partnership, you and Ms. Lennox were the only
2146
2147
214817 partners of Buzz Strategies?
2149
2150
215118 A. Yes.
2152
2153
215419 Q. Just making sure I don't leave out other
2155
2156
215720 partners. When Buzz Strategies became an LLC were
2158
2159
216021 there any other members of the LLC?
2161
2162
216322 A. No.
2164
2165
216623 Q. Ms. Lennox is not a member?
2167
2168
216924 A. Oh, pardon me, just Ms. Lennox and I,
2170
2171
217225 just like this. The two of us remain. My
2173
217429
2175
2176
2177
2178
21791 apologies.
2180
2181
21822 Q. No problem. Does Buzz Strategies have
2183
2184
21853 creditors?
2186
2187
21884 A. Creditors?
2189
2190
21915 Q. Yes, ma'am.
2192
2193
21946 A. We have a credit card with our bank, PNC,
2195
2196
21977 so -- yes, PNC Bank.
2198
2199
22008 Q. Any other creditors?
2201
2202
22039 A. Not 100 percent sure.
2204
2205
220610 Q. People that Buzz Strategies owes money
2207
2208
220911 to?
2210
2211
221212 A. Difficult to answer that question. I
2213
2214
221513 have a graphic artist working on something right
2216
2217
221814 now. It's not owed. By the definition as I
2219
222015 understand, you're asking me the question, no. I
2221
2222
222316 could be confused about what you're asking me.
2224
2225
222617 Q. Does Buzz Strategies owe anyone money
2227
2228
222918 besides PNC Bank?
2230
2231
223219 MR. LEVENSON: You mean as of this
2233
2234
223520 moment.
2236
2237
223821 MR. DAVIS: Yes, sir.
2239
2240
224122 MR. LEVENSON: I will -- I tend to also
2242
2243
224423 agree, and object to the form of the question.
2245
2246
224724 To the extent you can answer it, go right
2248
2249
225025 ahead and answer it.
2251
225230
2253
2254
2255
2256
22571 A. I have answered it to the extent that I
2258
2259
22602 can answer it.
2261
2262
22633 BY MR DAVIS:
2264
2265
22664 Q. I mean, it seems to me like it should
2267
2268
22695 just be a yes or no question, or I don't know, I
2270
2271
22726 mean.
2273
2274
22757 So you have a graphic designer but you
2276
2277
22788 don't believe you owe him or her any money at this
2279
2280
22819 point in time?
2282
2283
228410 MR. LEVENSON: Well, Dan, we can see the
2285
2286
228711 angels dancing on the head of this pin. Maybe the
2288
2289
229012 graphic art isn't billed yet so it hasn't become a
2291
2292
229313 mature debt. I mean, I think that's the point
2294
2295
229614 she's making.
2297
229815 If you want to ask her about whether she
2299
2300
230116 expects there's going to be a bill from Mr. or
2302
2303
230417 Ms. Smith, then you can ask her that question.
2305
2306
230718 But the generic does she have any creditors, you
2308
2309
231019 know, lends its to the interpretation.
2311
2312
231320 MR. DAVIS: That's fine. I agree. My
2314
2315
231621 concern is that seems that the answer might be
2317
2318
231922 somewhat evasive, and I don't want that to become
2320
2321
232223 a pattern.
2323
2324
232524 BY MR. DAVIS:
2326
2327
232825 Q. And if I'm misconstruing your testimony,
2329
233031
2331
2332
2333
2334
23351 I apologize.
2336
2337
23382 A. I'm not trying to be evasive. The way
2339
2340
23413 that I understand the definition of creditor and
2342
2343
23444 what you're actually trying to ask me, PNC Bank is
2345
2346
23475 the only creditor that we have.
2348
2349
23506 Q. Okay. Thank you.
2351
2352
23537 A. You're welcome.
2354
2355
23568 (Defendant's Exhibit 6 marked)
2357
2358
23599 BY MR DAVIS:
2360
2361
236210 Q. I'm going to show you what we'll mark as
2363
2364
236511 Exhibit 6. And do you recognize Exhibit 6 as your
2366
2367
236812 LinkedIn profile as of July of last year?
2369
2370
237113 A. Yes.
2372
2373
237414 Q. Okay. Do you see at the bottom of the
2375
237615 first page you represented on LinkedIn that from
2377
2378
237916 January 2013 till December 2015 you worked at Red
2380
2381
238217 Nation Rising?
2383
2384
238518 MR. LEVENSON: This part here?
2386
2387
238819 (Indicating).
2389
2390
239120 MR. DAVIS: Yes, sir, the bottom.
2392
2393
239421 MR. LEVENSON: Okay.
2395
2396
239722 A. Yes. I believe that, however --
2398
2399
240023 BY MR. DAVIS:
2401
2402
240324 Q. Will you answer my question?
2404
2405
240625 A. My -- but I believe there's something
2407
240832
2409
2410
2411
2412
24131 missing from what was actually on my LinkedIn
2414
2415
24162 profile.
2417
2418
24193 Q. Well, actually, all of this has been
2420
2421
24224 deleted as of today.
2423
2424
24255 A. Yes, I deleted Red Nation Rising. The --
2426
2427
24286 however -- and that has to do with them, and not
2429
2430
24317 with me or -- anyway, it's not really relevant
2432
2433
24348 here unless you're going to ask me about it, and
2435
2436
24379 I'll tell you.
2438
2439
244010 There was a pro bono item here. I don't
2441
2442
244311 remember removing it, but it's not here in this --
2444
2445
244612 when was this printed?
2447
2448
244913 Q. Well, if you'll look at the upper
2450
2451
245214 left-hand corner, the header says July 10th, 2017.
2453
245415 I don't know if that's when it was printed, but I
2455
2456
245716 assume it was. In any event, here's my question,
2458
2459
246017 okay.
2461
2462
246318 This, the last bullet point under Red
2464
2465
246619 Nation Rising says, quote, continued to advise
2467
2468
246920 executive director on communications and political
2470
2471
247221 strategies. Do you see that?
2473
2474
247522 A. Yes.
2476
2477
247823 Q. So in July 2017 were you continuing to
2479
2480
248124 advise Jim Lysaght?
2482
2483
248425 A. No.
2485
248633
2487
2488
2489
2490
24911 Q. So what does this sentence mean?
2492
2493
24942 A. Do you understand LinkedIn?
2495
2496
24973 Q. Yes.
2498
2499
25004 A. Okay. You see under Red Nation Rising
2501
2502
25035 NFP --
2504
2505
25066 Q. Uh-huh.
2507
2508
25097 A. -- it says to December 2015. That's when
2510
2511
25128 that ended.
2513
2514
25159 Q. Even though it's in the present tense and
2516
2517
251810 the prior two bullet points are in the past tense?
2519
2520
252111 A. Yes.
2522
2523
252412 Q. Okay.
2525
2526
252713 A. That's a beginning-end date for a
2528
2529
253014 position on LinkedIn. That's how LinkedIn works.
2531
253215 Q. And why is it that you deleted this off
2533
2534
253516 your LinkedIn profile?
2536
2537
253817 A. Because of things that they've been
2539
2540
254118 posting on their social media that are racist and
2542
2543
254419 vile and abusive.
2545
2546
254720 Q. "They" being Red Nation Rising?
2548
2549
255021 A. Yes. I was doing pro bono work for a
2551
2552
255322 nonprofit. It really doesn't -- it was me
2554
2555
255623 promoting them, is why I had it there to begin
2557
2558
255924 with, and I have no desire to promote them.
2560
2561
256225 Q. All right. I want to go back to the
2563
256434
2565
2566
2567
2568
25691 interrogatory response, which again was the
2570
2571
25722 contracts that were canceled.
2573
2574
25753 A. Uh-huh.
2576
2577
25784 Q. The third bullet point says you lost
2579
2580
25815 fundraising fees from the Kelli Ward campaign, and
2582
2583
25846 then it says the campaign was stopped by Buzz
2585
2586
25877 Strategies.
2588
2589
25908 A. I'm sorry. I lost my train of thought
2591
2592
25939 because I need to go back to my previous answer.
2594
2595
259610 In my opinion what they were posting was
2597
2598
259911 inappropriate and racist.
2600
2601
260212 Q. I don't think they'll sue you for libel.
2603
2604
260513 A. Well, I just want to clarify that. It's
2606
2607
260814 my opinion.
2609
261015 Q. Sure, I understand.
2611
2612
261316 So let's go back to your interrogatory
2614
2615
261617 responses, and I want to ask about the Kelli Ward
2617
2618
261918 campaign. Explain to me what the contract was,
2620
2621
262219 Buzz Strategies LLP was going to enter into a
2623
2624
262520 fundraising consultant agreement with the Kelli
2626
2627
262821 Ward campaign?
2629
2630
263122 A. We did.
2632
2633
263423 Q. You did, right. So I'll show you a
2635
2636
263724 document that we'll mark as Exhibit 7, which for
2638
2639
264025 the record is Plaintiff's 68.
2641
264235
2643
2644
2645
2646
26471 (Defendant's Exhibit 7 marked)
2648
2649
26502 BY MR. DAVIS:
2651
2652
26533 Q. Is that a copy of the agreement?
2654
2655
26564 A. Yes.
2657
2658
26595 Q. And how did this agreement come to an
2660
2661
26626 end?
2663
2664
26657 A. As I stated previously, when Ms. Scott
2666
2667
26688 was contacting J.D. Winteregg, we were afraid that
2669
2670
26719 would bleed over to Kelli Ward. So when we pulled
2672
2673
267410 the J.D. Winteregg campaign down, we pulled her
2675
2676
267711 down as well.
2678
2679
268012 Q. And by "we," you mean Buzz Strategies,
2681
2682
268313 correct?
2684
2685
268614 A. Yes.
2687
268815 Q. Just trying to make sure.
2689
2690
269116 A. She was also challenging John McCain in a
2692
2693
269417 primary.
2695
2696
269718 Q. I'm fairly apolitical. So Winteregg and
2698
2699
270019 Ward were both Republican candidates?
2701
2702
270320 A. Yes.
2704
2705
270621 Q. And you personally are of the
2707
2708
270922 right-leaning persuasion, is that fair?
2710
2711
271223 A. Most people see me that way, yes. It's
2713
2714
271524 highly inaccurate, but that's how most people see
2716
2717
271825 me.
2719
272036
2721
2722
2723
2724
27251 Q. What I'm trying to get at is it sounds
2726
2727
27282 like from what you're saying you and Ms. Lennox
2729
2730
27313 were concerned that because of y'all's dispute
2732
2733
27344 with Ms. Scott, Buzz Strategies could negatively
2735
2736
27375 impact these Congressional candidates and you did
2738
2739
27406 not want that to happen. Is that fair?
2741
2742
27437 A. No. We were afraid that Ms. Scott would
2744
2745
27468 negatively impact the candidates, because of the
2747
2748
27499 specific accusations that she was making toward us
2750
2751
275210 and them.
2753
2754
275511 Q. I understand your distinction. And
2756
2757
275812 because of the Ms. Scott's activity, Buzz
2759
2760
276113 Strategies decided to end its fundraising
2762
2763
276414 consulting agreements with these various
2765
276615 Congressional candidates, yes?
2767
2768
276916 A. Yes.
2770
2771
277217 Q. Okay. Did Buzz Strategies ever raise any
2773
2774
277518 money for J.D. Winteregg or Kelli Ward?
2776
2777
277819 A. Nominally. Very little. Those campaigns
2779
2780
278120 never even got off the ground. The reason was --
2782
2783
278421 for that was because Ms. Scott was notified that
2785
2786
278722 it was happening before they were even --
2788
2789
279023 Q. I understand that's your position. I'm
2791
2792
279324 just trying to figure out the amount of money.
2794
2795
279625 That's why I asked that particular question.
2797
279837
2799
2800
2801
2802
28031 A. Okay.
2804
2805
28062 Q. So I'm going to show you what we'll mark
2807
2808
28093 as Exhibit 8.
2810
2811
28124 (Defendant's Exhibit 8 marked)
2813
2814
28155 BY MR. DAVIS:
2816
2817
28186 Q. This purports to be an email from James
2819
2820
28217 Lysaght at Red Nation Rising. In this email
2822
2823
28248 Mr. Lysaght says RNR and Lu (or her company Buzz
2825
2826
28279 Strategies) never had any funding agreement, plus
2828
2829
283010 the relationship RNR had with Lu ended weeks or
2831
2832
283311 months before you and I, I being Kathy Scott, had
2834
2835
283612 any contact. Do you see that?
2837
2838
283913 (Mr. Lott exits)
2840
2841
284214 A. Yes, I see that.
2843
284415 Q. And it's your contention here today under
2845
2846
284716 oath that Mr. Lysaght is just lying or confused?
2848
2849
285017 MR. LEVENSON: Excuse me, I'm going to
2851
2852
285318 object to the form of that question.
2854
2855
285619 A. Can you restate the question?
2857
2858
285920 BY MR. DAVIS:
2860
2861
286221 Q. No. I mean, do you understand the
2863
2864
286522 question? Can you not answer it for some reason?
2866
2867
286823 MR. LEVENSON: The question is: Is
2869
2870
287124 Mr. Lysaght lying or confused? I objected to the
2872
2873
287425 form.
2875
287638
2877
2878
2879
2880
28811 If you can answer, you may answer.
2882
2883
28842 A. It's multiple choice. I can't answer it.
2885
2886
28873 BY MR DAVIS:
2888
2889
28904 Q. Well, in your opinion is Mr. Lysaght
2891
2892
28935 lying in this email?
2894
2895
28966 A. I can't see what he's responding to.
2897
2898
28997 Q. There's a declarative sentence that says
2900
2901
29028 Katherine Scott had nothing to do with the end of
2903
2904
29059 the relationship between you and Red Nation
2906
2907
290810 Rising. Is Mr. Lysaght lying?
2909
2910
291111 A. According to Ms. Scott, he is.
2912
2913
291412 Q. My question, ma'am, is there's an email
2915
2916
291713 here from Mr. Lysaght that says, quote, RNR and Lu
2918
2919
292014 (or her company Buzz Strategies) never had any
2921
292215 funding agreement, plus the relationship RNR had
2923
2924
292516 with Lu ended weeks or months before you, being
2926
2927
292817 Kathy Scott, or I had any contact.
2929
2930
293118 Is that sentence a lie?
2932
2933
293419 A. Only -- he -- well, I have to look. I
2935
2936
293720 have to look. I know when, which was within days
2938
2939
294021 of her contacting my husband's employer. I'd have
2941
2942
294322 to look at their contact. It was public.
2944
2945
294623 Q. Look at what?
2947
2948
294924 A. I'd have to look at the archives to see
2950
2951
295225 when -- I can't -- I can't answer that question
2953
295439
2955
2956
2957
2958
29591 without referencing the archives.
2960
2961
29622 Q. Do you know why the relationship between
2963
2964
29653 Red Nation Rising and Buzz Strategies actually
2966
2967
29684 ended?
2969
2970
29715 A. Yes.
2972
2973
29746 Q. And that is because of Ms. Scott,
2975
2976
29777 correct?
2978
2979
29808 A. Yes.
2981
2982
29839 Q. And even though Mr. Lysaght says that's
2984
2985
298610 not true, the Twitter archives prove otherwise; is
2987
2988
298911 that right?
2990
2991
299212 A. I'm not going to state definitively one
2993
2994
299513 way or another when I don't recall what the timing
2996
2997
299814 of it was. It had to do with -- my recollection
2999
300015 is it had to do with his interaction with her and
3001
3002
300316 the fact that she contacted my husband's employer.
3004
3005
300617 That's the best recollection that I have of it,
3007
3008
300918 but I --
3010
3011
301219 Q. I want to make sure I understand what
3013
3014
301520 you're saying. Is it your contention that
3016
3017
301821 Ms. Scott's communication with BB&T about your
3019
3020
302122 ex-husband had something to do with the
3022
3023
302423 termination of Buzz Strategies' relationship with
3025
3026
302724 Red Nation Rising?
3028
3029
303025 A. I'm not going to state definitively
3031
303240
3033
3034
3035
3036
30371 without looking back. I remember -- what I
3038
3039
30402 remember was it was very upsetting for me at the
3041
3042
30433 time, and I don't know if I'm remembering it 100
3044
3045
30464 percent correctly. So I'm not going to tell you
3047
3048
30495 one way or another without looking back at the
3050
3051
30526 evidence. I don't know. I'll make a
3053
3054
30557 misstatement, I'll mischaracterize it if I do.
3056
3057
30588 Q. I'm not trying to trip you up. You sued
3059
3060
30619 Ms. Scott. You said you cost me money. I'm
3062
3063
306410 trying to get to the underlying facts about that
3065
3066
306711 allegation.
3068
3069
307012 One of the contentions you've made is I
3071
3072
307313 had some funding agreements with Red Nation Rising
3074
3075
307614 that was terminated because of what Ms. Scott did.
3077
307815 Red Nation Rising says otherwise. So what is the
3079
3080
308116 basis for your contention that the relationship
3082
3083
308417 with Red Nation Rising ended because of Ms. Scott?
3085
3086
308718 A. Ms. Scott makes that contention.
3088
3089
309019 Q. Okay. So do you have any personal
3091
3092
309320 knowledge of why your relationship with Red Nation
3094
3095
309621 Rising ended?
3097
3098
309922 A. I do.
3100
3101
310223 Q. And that is what?
3103
3104
310524 A. To the best -- I'm not comfortable
3106
3107
310825 answering this question without looking at the
3109
311041
3111
3112
3113
3114
31151 archives. I don't know how else to say that.
3116
3117
31182 Q. Well, is there some Tweet somewhere from
3119
3120
31213 Jim Lysaght that says, I'm terminating the
3122
3123
31244 relationship with Lu Esposito or Buzz Strategies
3125
3126
31275 because of Kathy Scott?
3128
3129
31306 A. There are Tweets from Jim Lysaght with
3131
3132
31337 your client.
3134
3135
31368 Q. And those Tweets say I'm ending my
3137
3138
31399 funding relationship with Buzz Strategies because
3140
3141
314210 of what Ms. Scott said?
3143
3144
314511 A. No.
3146
3147
314812 Q. There's just Tweets between the two of
3149
3150
315113 them, between Scott and Lysaght, correct?
3152
3153
315414 A. Yes.
3155
315615 Q. So if you looked at those Tweets what
3157
3158
315916 would that tell you about why your relationship
3160
3161
316217 with Red Nation Rising ended?
3163
3164
316518 A. When they happened.
3166
3167
316819 Q. So timeline.
3169
3170
317120 A. Correct.
3172
3173
317421 Q. Okay. So the basis for your allegation
3175
3176
317722 that you lost money in connection with Red Nation
3178
3179
318023 Rising is because Red Nation Rising was exchanging
3181
3182
318324 Tweets with Ms. Scott before your relationship
3184
3185
318625 with Red Nation Rising ended. Is that right?
3187
318842
3189
3190
3191
3192
31931 A. No.
3194
3195
31962 Q. Besides what Ms. Scott has said, that you
3197
3198
31993 got fired, and besides the timeline, what is it
3200
3201
32024 that makes you think you lost your relationship
3203
3204
32055 with Red Nation Rising because of Ms. Scott?
3206
3207
32086 A. Ms. Scott claimed I did.
3209
3210
32117 Q. Which is what I just said. Besides that
3212
3213
32148 and besides the timeline, what is the basis for
3215
3216
32179 your contention that your relationship with Red
3218
3219
322010 Nation Rising ended because of something Ms. Scott
3221
3222
322311 did?
3224
3225
322612 A. The screen shots that she posted from
3227
3228
322913 people within Red Nation Rising, conversations
3230
3231
323214 with me.
3233
323415 Q. Have you produced those in this
3235
3236
323716 litigation?
3238
3239
324017 A. I believe -- I believe so, yes.
3241
3242
324318 Q. And what do those screen shots say?
3244
3245
324619 A. It's me telling -- asking them where did
3247
3248
324920 she get that information from. How did she
3250
3251
325221 find -- how did she find where my husband works.
3253
3254
325522 Q. All right. So you saw --
3256
3257
325823 A. I'm sorry. That's -- I need to correct
3259
3260
326124 that.
3262
3263
326425 Q. Okay.
3265
326643
3267
3268
3269
3270
32711 A. The conversation that I was having was
3272
3273
32742 about the fact that I believed that two people or
3275
3276
32773 three people that -- that two or three people that
3278
3279
32804 worked with them, with Red Nation Rising, and
3281
3282
32835 Jared Day specifically, were giving her
3284
3285
32866 information. I don't even recall exactly what
3287
3288
32897 information it was. I believe it was a -- I just
3290
3291
32928 don't remember. I would have to look back at the
3293
3294
32959 evidence.
3296
3297
329810 Q. Okay. We're not communicating
3299
3300
330111 effectively, and maybe that's my fault, so let me
3302
3303
330412 try and be more clear.
3305
3306
330713 I understand you think Ms. Scott told
3308
3309
331014 lies about you, okay. That's different than
3311
331215 saying those lies cost me money. So I'm trying to
3313
3314
331516 get at how it is you think you know Ms. Scott's
3316
3317
331817 purported lies cost you money. Does that make
3319
3320
332118 sense, where I'm coming from? Get that?
3322
3323
332419 A. Yes.
3325
3326
332720 Q. Okay. And one of the allegations you
3328
3329
333021 made is my relationship with Red Nation Rising
3331
3332
333322 ended, correct?
3334
3335
333623 A. Yes.
3337
3338
333924 Q. Okay. And you think your relationship
3340
3341
334225 with Red Nation Rising ended because of Ms. Scott
3343
334444
3345
3346
3347
3348
33491 is based on two pieces of evidence: one, what
3350
3351
33522 Ms. Scott said; and, two, the timeline of the
3353
3354
33553 Tweets and then your relationship ended, correct?
3356
3357
33584 A. Yes.
3359
3360
33615 Q. Okay. Anything else?
3362
3363
33646 A. I'm not trying to be evasive and I'm not
3365
3366
33677 trying to be obstinate. But I don't want to say
3368
3369
33708 something based on what I'm remembering about what
3371
3372
33739 happened and it not -- my memory fail me.
3374
3375
337610 Q. Is it fair to say that based on what you
3377
3378
337911 can remember sitting here today, the two pieces of
3380
3381
338212 evidence that would allow you to conclude your
3383
3384
338513 relationship with Red Nation Rising ended because
3386
3387
338814 of Ms. Scott is what she said that she got you
3389
339015 fired and the timeline of the Tweets? Is that
3391
3392
339316 fair?
3394
3395
339617 A. It is fair, and the content of the
3397
3398
339918 Tweets, because they were all related. So yes.
3400
3401
340219 Q. The content of the Tweets don't say why
3403
3404
340520 your relationship with Red Nation Rising ended, do
3406
3407
340821 they?
3409
3410
341122 A. Not specifically.
3412
3413
341423 Q. Okay, easy enough.
3415
3416
341724 I want to show you what we'll mark as
3418
3419
342025 Exhibit 9, which is an affidavit from
3421
342245
3423
3424
3425
3426
34271 Mr. Winteregg.
3428
3429
34302 (Defendant's Exhibit 9 marked)
3431
3432
34333 BY MR. DAVIS:
3434
3435
34364 Q. You've seen this before, correct?
3437
3438
34395 A. Yes.
3440
3441
34426 Q. Okay. And you've seen in paragraph 5
3443
3444
34457 Mr. Winteregg swore under oath that he has no
3446
3447
34488 recollection of Kathy Scott contacting him about
3449
3450
34519 you or anything to do with you, correct?
3452
3453
345410 A. Yes.
3455
3456
345711 Q. And what's your explanation for what
3458
3459
346012 you've said in discovery and what Mr. Winteregg
3461
3462
346313 said?
3464
3465
346614 A. He's mistaken.
3467
346815 Q. How is it you think he's mistaken?
3469
3470
347116 A. I know he's mistaken because he contacted
3472
3473
347417 John LaRosa and said, What is this Tweet?
3475
3476
347718 Q. How do you know that?
3478
3479
348019 A. John LaRosa told us about it.
3481
3482
348320 Q. That's fine. The reason I'm asking is
3484
3485
348621 that's hearsay, so that may or may not be
3487
3488
348922 probative of anything.
3490
3491
349223 So is there anything in writing from
3493
3494
349524 Mr. Winteregg?
3496
3497
349825 A. John LaRosa --
3499
350046
3501
3502
3503
3504
35051 MR. LEVENSON: Dan, in fairness, this is
3506
3507
35082 a discovery deposition. So your casual comments
3509
3510
35113 about what is admissible isn't really helpful. So
3512
3513
35144 I object to the statement and the subsequent
3515
3516
35175 question, the form of it.
3518
3519
35206 She's telling you, I think, in response
3521
3522
35237 to your question, what LaRosa told her.
3524
3525
35268 MR. DAVIS: The reason I brought it up is
3527
3528
35299 she gave me a confused look like I was an idiot,
3530
3531
353210 so I wanted to make sure that she knew I wasn't
3533
3534
353511 badgering her. I don't think it has legal value.
3536
3537
353812 MR. LEVENSON: I apologize for your
3539
3540
354113 interpretation of the look. So obviously you can
3542
3543
354414 call on all the hearsay in the world in a
3545
354615 discovery deposition, and -- but I think she's
3547
3548
354916 answered your question.
3550
3551
355217 BY MR DAVIS:
3553
3554
355518 Q. Just so I'm clear, you think
3556
3557
355819 Mr. Winteregg's mistaken because John LaRosa told
3559
3560
356120 you that he -- that he, being Mr. Winteregg,
3562
3563
356421 contacted Mr. LaRosa about a Tweet from Kathy
3565
3566
356722 Scott, is that right?
3568
3569
357023 A. Correct.
3571
3572
357324 Q. Okay. Any other reason why you think
3574
3575
357625 Mr. Winteregg's wrong in this affidavit?
3577
357847
3579
3580
3581
3582
35831 A. We contacted -- we contracted with 4 Tier
3584
3585
35862 Strategies, not with J.D. Winteregg directly.
3587
3588
35893 J.D. Winteregg was not running his Twitter
3590
3591
35924 account, which is why when Kathy Scott contacted
3593
3594
35955 the Twitter account she was contacting my client,
3596
3597
35986 John LaRosa.
3599
3600
36017 Q. And do you have any paperwork that shows
3602
3603
36048 there was actually any relationship between 4 Tier
3605
3606
36079 Strategies and J.D. Winteregg, for example? I
3608
3609
361010 mean, I see you have a piece of paper that has
3611
3612
361311 Buzz Strategies on it and has 4 Tier Strategies on
3614
3615
361612 it, but this doesn't say anything about
3617
3618
361913 J.D. Winteregg.
3620
3621
362214 A. I'm pretty sure the FEC has that
3623
362415 information.
3625
3626
362716 Q. But you don't. I should just go to the
3628
3629
363017 FEC?
3631
3632
363318 A. You could. Again, I'm not trying to be
3634
3635
363619 sarcastic.
3637
3638
363920 Q. That's fine. You answered my question.
3640
3641
364221 I'm going to show you what we'll mark as Exhibit
3643
3644
364522 10, which for the record is Plaintiff's 79.
3646
3647
364823 (Defendant's Exhibit 10 marked)
3649
3650
365124 BY MR. DAVIS:
3652
3653
365425 Q. And can you explain what this is to me?
3655
365648
3657
3658
3659
3660
36611 A. This is a proposal and forecast given to
3662
3663
36642 the client.
3665
3666
36673 Q. The client being 4 Tier Strategies?
3668
3669
36704 A. Correct.
3671
3672
36735 Q. Okay. And I see at the bottom there's a
3674
3675
36766 fundraising forecast, an A, B, C and D with
3677
3678
36797 different amounts of money, correct?
3680
3681
36828 A. Correct.
3683
3684
36859 Q. And what was this forecast based on?
3686
3687
368810 A. 30 years of marketing history, 10 years
3689
3690
369111 of fundraising experience.
3692
3693
369412 Q. Okay. And Buzz Strategies would have --
3695
3696
369713 let's say, for example, in scenario A that $15,000
3698
3699
370014 was, in fact, raised. How much money would Buzz
3701
370215 Strategies have made?
3703
3704
370516 A. Which one?
3706
3707
370817 Q. Scenario A where $15,000 in funds are
3709
3710
371118 raised on line.
3712
3713
371419 A. 1500.
3715
3716
371720 Q. 10 percent?
3718
3719
372021 A. Uh-huh.
3721
3722
372322 Q. Yes?
3724
3725
372623 A. Yes.
3727
3728
372924 Q. Explain how -- well, strike that.
3730
3731
373225 If Buzz Strategies made $1500 how would
3733
373449
3735
3736
3737
3738
37391 that be allocated as between you and Ms. Lennox?
3740
3741
37422 A. 50/50.
3743
3744
37453 Q. And what expenses would Buzz Strategies
3746
3747
37484 have had in conducting this fundraising campaign?
3749
3750
37515 A. Under this agreement, this proposal?
3752
3753
37546 Q. Yes, ma'am.
3755
3756
37577 A. None. None.
3758
3759
37608 Q. How does the fundraising campaign work?
3761
3762
37639 You go on your Twitter account, try to just drive
3764
3765
376610 people towards the campaign site?
3767
3768
376911 MR. LEVENSON: Nothing wrong with that
3770
3771
377212 question, if you can answer it.
3773
3774
377513 A. Yes.
3776
3777
377814 BY MR DAVIS:
3779
378015 Q. Okay. I thought so, I just wanted to
3781
3782
378316 make sure. I'm not a political fundraiser so I
3784
3785
378617 don't know how that kind of thing works.
3787
3788
378918 You mentioned Michael Loftus earlier.
3790
3791
379219 Who is that?
3793
3794
379520 A. He's a senior executive writer for Kevin
3796
3797
379821 James. And I'd just like to say I'd expect for
3799
3800
380122 Kevin James not to receive any Tweets from
3802
3803
380423 Ms. Scott.
3805
3806
380724 Q. And it's your contention that you would
3808
3809
381025 have had some relationship with Mr. James that
3811
381250
3813
3814
3815
3816
38171 would have made you money but for Ms. Scott; is
3818
3819
38202 that correct?
3821
3822
38233 A. No.
3824
3825
38264 Q. Okay. Explain to me why you brought up
3827
3828
38295 Mr. Loftus earlier.
3830
3831
38326 A. Because he received Tweets from Ms. Scott
3833
3834
38357 often. Well, from time to time.
3836
3837
38388 Q. Okay.
3839
3840
38419 A. I guess would be accurate.
3842
3843
384410 Q. And has that cost you any money?
3845
3846
384711 A. It annoys the client.
3848
3849
385012 Q. Here's my question, ma'am: Have
3851
3852
385313 Ms. Scott's annoying and defamatory Tweets cost
3854
3855
385614 you money, Tweets to Mr. Loftus?
3857
385815 A. I'll answer your question with a
3859
3860
386116 question. Is he listed in the case as someone
3862
3863
386417 that I've lost money?
3865
3866
386718 Q. All I need you to do is to answer my
3868
3869
387019 question. You can feel free to opine by affidavit
3871
3872
387320 or at the trial.
3874
3875
387621 Do you contend that Ms. Scott's Tweets
3877
3878
387922 have cost you money with Mr. Loftus?
3880
3881
388223 A. No, and I never have contended it.
3883
3884
388524 Q. I just wanted to make sure, since you
3886
3887
388825 brought him up earlier.
3889
389051
3891
3892
3893
3894
38951 Now, besides the contracts that are
3896
3897
38982 alleged in your interrogatory responses, which are
3899
3900
39013 those dealing with Mr. Winteregg, those dealing
3902
3903
39044 with Kelli Ward and those dealing with Red Nation
3905
3906
39075 Rising, do you allege that you've lost any money
3908
3909
39106 because of anything Ms. Scott has done?
3911
3912
39137 A. Are you asking me to confirm what's in
3914
3915
39168 the claim to begin with?
3917
3918
39199 MR. LEVENSON: I think it's just a yes or
3920
3921
392210 no question.
3923
3924
392511 A. Can you repeat the question?
3926
3927
392812 BY MR. DAVIS:
3929
3930
393113 Q. Sure. And, again, this is not a trick.
3932
3933
393414 You sued her, you said you cost me money. I just
3935
393615 want to make sure I know what all of the sources
3937
3938
393916 of money that you allegedly lost are. So I know
3940
3941
394217 the ones that are written down on this piece of
3943
3944
394518 paper because I can read. I want to make sure
3946
3947
394819 while I have time to talk to you today do you
3949
3950
395120 think there are other relationships or contracts
3952
3953
395421 that were terminated because of Ms. Scott that
3955
3956
395722 wound up costing you money?
3958
3959
396023 A. To the best of my knowledge at this time,
3961
3962
396324 no.
3964
3965
396625 Q. Okay. Now, the Red Nation Rising
3967
396852
3969
3970
3971
3972
39731 contract, what Tweets is it that you think caused
3974
3975
39762 that relationship to terminate?
3977
3978
39793 A. Right now I believe that the factor
3980
3981
39824 behind the conversation, or the factor behind
3983
3984
39855 ending that relationship was people within that
3986
3987
39886 organization providing information to Ms. Scott.
3989
3990
39917 If -- I'm not -- I just can't remember if I'm
3992
3993
39948 remembering this correctly. And if I say it, it's
3995
3996
39979 disputable. You'll just dispute it later if I get
3998
3999
400010 it wrong. So --
4001
4002
400311 Q. Well, let me ask my question over again.
4004
4005
400612 You've alleged that your relationship
4007
4008
400913 with Red Nation Rising terminated because of
4010
4011
401214 something Ms. Scott did. What in particular did
4013
401415 Ms. Scott do that you think caused your
4015
4016
401716 relationship with Red Nation Rising to end?
4018
4019
402017 A. I believe to the best of my recollection
4021
4022
402318 right now, without looking at the evidence, it was
4024
4025
402619 her contacting J.D. Winteregg. That campaign
4027
4028
402920 wasn't public. She got that information from
4030
4031
403221 someone inside Red Nation Rising.
4033
4034
403522 Q. Okay. So you think the Tweets from
4036
4037
403823 Ms. Scott to J.D. Winteregg or people affiliated
4039
4040
404124 with Mr. Winteregg was the reason why your
4042
4043
404425 relationship with Red Nation Rising ended?
4045
404653
4047
4048
4049
4050
40511 A. It's -- I believe it started on -- it's
4052
4053
40542 why I wasn't willing to continue with them, yes.
4055
4056
40573 Q. Again, let me try and explain to you why
4058
4059
40604 I'm asking this, okay.
4061
4062
40635 There's a mountain of Tweets and you've
4064
4065
40666 alleged that a bunch of them are defamatory. So
4067
4068
40697 I'm trying to link particular Tweets to Red Nation
4070
4071
40728 Rising and J.D. Winteregg and Kelli Ward. Does
4073
4074
40759 that make sense?
4076
4077
407810 A. It does.
4079
4080
408111 Q. Okay.
4082
4083
408412 A. And I'm trying to tell you that with
4085
4086
408713 regards to Red Nation Rising, J.D. Winteregg --
4088
4089
409014 it's clear in my mind. With regards to Red Nation
4091
409215 Rising and how that occurred and how it
4093
4094
409516 transpired, I can't remember completely. And if
4096
4097
409817 you need that information, I'll have to provide it
4099
4100
410118 to you later.
4102
4103
410419 Q. Just out of curiosity, what did you do to
4105
4106
410720 get ready for this deposition?
4108
4109
411021 A. I -- what do you mean?
4111
4112
411322 Q. Well, I mean, you said a couple times I
4114
4115
411623 would need to go back and look at certain
4117
4118
411924 documents to answer your question. Did you look
4120
4121
412225 at documents to prepare for this deposition?
4123
412454
4125
4126
4127
4128
41291 A. Yes.
4130
4131
41322 Q. Okay. How long did you spend to prepare
4133
4134
41353 for this deposition?
4136
4137
41384 A. I don't know.
4139
4140
41415 Q. More than an hour?
4142
4143
41446 A. Yes.
4145
4146
41477 Q. More than five hours?
4148
4149
41508 A. Probably.
4151
4152
41539 Q. More than 10 hours?
4154
4155
415610 A. I don't know.
4157
4158
415911 Q. Do you have reason to believe that at the
4160
4161
416212 trial you'll be able to give more definitive
4163
4164
416513 testimony?
4166
4167
416814 A. I will now, on this particular issue,
4169
417015 yes.
4171
4172
417316 Q. Because you will go back and look at the
4174
4175
417617 documents after your deposition's concluded?
4177
4178
417918 A. I will now, yes.
4180
4181
418219 Q. What Tweets do you believe caused the
4183
4184
418520 Kelli Ward relationship to end?
4186
4187
418821 A. The Tweets to J.D. Winteregg.
4189
4190
419122 Q. Okay. So -- well, I want to go back to
4192
4193
419423 Exhibit 2 --
4195
4196
419724 A. Uh-huh.
4198
4199
420025 Q. -- which is in front of you, and I want
4201
420255
4203
4204
4205
4206
42071 to ask you about Interrogatory Number 6. And
4208
4209
42102 Interrogatory Number 6 asks, in paragraph number
4211
4212
42133 23 of your complaint, you allege to have been
4214
4215
42164 damaged by defendant's purported tortious
4217
4218
42195 interference with your contractual relationships.
4220
4221
42226 Please explain, itemize, and compute these
4223
4224
42257 damages. Do you see that?
4226
4227
42288 A. Yes.
4229
4230
42319 Q. And your response is some legalese, and
4232
4233
423410 then you state, quote, Plaintiff further states
4235
4236
423711 that results of Google searches for plaintiff are
4238
4239
424012 tainted with the false allegations made by
4241
4242
424313 defendant. Do you see that?
4244
4245
424614 A. Yes.
4247
424815 Q. Okay. And what contractual relationships
4249
4250
425116 did that interfere with?
4252
4253
425417 A. The same ones that we've covered here.
4255
4256
425718 Q. That's all I want to make sure. So
4258
4259
426019 Winteregg and Kelli Ward and Red Nation Rising,
4261
4262
426320 correct?
4264
4265
426621 A. And Michael Loftus. Every time she
4267
4268
426922 contacts him we have to have a conversation with
4270
4271
427223 him about why she's contacting him, what she's
4273
4274
427524 saying, and --
4276
4277
427825 Q. And was some contract or business
4279
428056
4281
4282
4283
4284
42851 relationship terminated with Mr. Loftus as a
4286
4287
42882 result of Ms. Scott?
4289
4290
42913 A. No, no.
4292
4293
42944 Q. Okay.
4295
4296
42975 A. But it still interferes with our
4298
4299
43006 business.
4301
4302
43037 Q. Okay. I understand what you're saying.
4304
4305
43068 The next part of your response to Interrogatory
4307
4308
43099 Number 6 says, quote, the taint of these false
4310
4311
431210 allegations has resulted in ongoing reduction of
4313
4314
431511 business with the plaintiffs. Do you see that?
4316
4317
431812 A. Yes.
4319
4320
432113 Q. What business is that?
4322
4323
432414 A. Again, we had to -- and at the time that
4325
432615 this was written, at this time this was done, we
4327
4328
432916 had -- we were still in the process of rebuilding
4330
4331
433217 based on a new business model. We had to pull our
4333
4334
433518 entire model down. What we do now is not anything
4336
4337
433819 like we had targeted to do then. So we had built
4339
4340
434120 a model that we had to pull down and start over.
4342
4343
434421 Q. The "we" is Buzz Strategies, being you
4345
4346
434722 and Ms. Lennox, correct?
4348
4349
435023 A. Correct.
4351
4352
435324 Q. Okay. How is the model that Buzz
4354
4355
435625 Strategies previously employed and the model that
4357
435857
4359
4360
4361
4362
43631 Buzz Strategies now employs different? Explain to
4364
4365
43662 me the two different models, please.
4367
4368
43693 A. We had to create a model that made it
4370
4371
43724 impossible for Ms. Scott to identify who our
4373
4374
43755 clients are.
4376
4377
43786 Q. How does that work?
4379
4380
43817 A. I'd rather not state verbally or publicly
4382
4383
43848 where it can be used on line later.
4385
4386
43879 Q. That's fine, I don't need that, so I'll
4388
4389
439010 let that slide. I understand what you're saying.
4391
4392
439311 The next sentence to this interrogatory
4394
4395
439612 response says, quote, Plaintiff has been forced to
4397
4398
439913 refuse or cancel contracts with various
4400
4401
440214 politicians. Do you see that?
4403
440415 A. Yes.
4405
4406
440716 Q. And is that accurate, that you refused
4408
4409
441017 and canceled contracts?
4411
4412
441318 A. At least one, yes.
4414
4415
441619 Q. And are those politicians any different
4417
4418
441920 than the ones we've discussed here earlier today?
4420
4421
442221 A. One that -- I'm sorry, that's what I
4423
4424
442522 meant. There's at least one other that we haven't
4426
4427
442823 discussed, which was a second candidate for 4 Tier
4429
4430
443124 Strategies.
4432
4433
443425 Q. And who is that candidate?
4435
443658
4437
4438
4439
4440
44411 A. I'm drawing a blank on his name. I
4442
4443
44442 looked at it last night. I'm sorry, I'm just
4445
4446
44473 blanking out on his name.
4448
4449
44504 Q. Well, let's call him John Doe for now,
4451
4452
44535 okay?
4454
4455
44566 A. Okay. Yeah. I can give it to you when
4457
4458
44597 we take a break. I'll just look.
4460
4461
44628 Q. That's fine. So was there ever any
4463
4464
44659 fundraising consulting agreement entered into
4466
4467
446810 between Buzz Strategies and 4 Tier with respect to
4469
4470
447111 John Doe?
4472
4473
447412 A. No.
4475
4476
447713 Q. Okay.
4478
4479
448014 A. It was specifically a contract that we
4481
448215 refused, declined, because of the situation.
4483
4484
448516 Q. Okay. So all the contracts with 4 Tier
4486
4487
448817 Strategies would have been through Buzz
4489
4490
449118 Strategies, correct?
4492
4493
449419 A. Yes.
4495
4496
449720 Q. Okay. And the contracts with Red Nation
4498
4499
450021 Rising would have been with you personally?
4501
4502
450322 A. In our last several conversations that
4504
4505
450623 wasn't what I had expressed to Jim. I can't tell
4507
4508
450924 you what Jim intended to do or what -- I can't
4510
4511
451225 tell you what he intended to do. It was my
4513
451459
4515
4516
4517
4518
45191 intention for all the work I was doing to go
4520
4521
45222 through Buzz Strategies.
4523
4524
45253 Q. Okay. I know I've asked this before so I
4526
4527
45284 don't want to beat a dead horse, and we'll take a
4529
4530
45315 break here in a second. But this is the only
4532
4533
45346 chance I get to talk to you before the trial. So
4535
4536
45377 I want to make sure I know all the funding
4538
4539
45408 relationships and business relationships you think
4541
4542
45439 have been interfered with.
4544
4545
454610 Besides Mr. Winteregg, Ms. Ward, this
4547
4548
454911 John Doe person we've talked about and Red Nation
4550
4551
455212 Rising, any other business relationships that you
4553
4554
455513 think were interfered with because of Ms. Scott?
4556
4557
455814 A. You say interfered with, then in the
4559
456015 definition of that I think is somewhat subjective,
4561
4562
456316 unless it's not.
4564
4565
456617 Q. That's a fair point. Let me clarify.
4567
4568
456918 What I really want to know is contracts that were
4570
4571
457219 terminated or relationships that actually ended.
4573
4574
457520 A. Those are the ones that I'm aware of. If
4576
4577
457821 there's something else out there I -- I don't know
4579
4580
458122 why I wouldn't be aware of it, but --
4582
4583
458423 Q. Okay. And then with respect to -- are
4585
4586
458724 you suing Ms. Scott for any other -- well, strike
4588
4589
459025 that. That's fine.
4591
459260
4593
4594
4595
4596
45971 MR. LEVENSON: We've been going actually
4598
4599
46002 an hour almost to the minute. Would this be a
4601
4602
46033 good time?
4604
4605
46064 MR. DAVIS: Yes, sir.
4607
4608
46095 MR. LEVENSON: Good. Let's go off the
4610
4611
46126 record.
4613
4614
46157 (Recess 10:58 a.m.-11:10 a.m.)
4616
4617
46188 (Mr. Levenson exits, Mr. Lott enters)
4619
4620
46219 (Defendant's Exhibit 11 and Defendant's
4622
4623
462410 Exhibit 12 marked)
4625
4626
462711 BY MR. DAVIS:
4628
4629
463012 Q. Ms. Esposito, I'm going to show you a
4631
4632
463313 document marked as Exhibit 11. And my only
4634
4635
463614 question is whether that is an accurate
4637
463815 representation of a Tweet you sent.
4639
4640
464116 A. Yes, to the best of my recollection, that
4642
4643
464417 is accurate.
4645
4646
464718 Q. Okay. I'm going to show you a document
4648
4649
465019 marked as Exhibit 12, and I have just a couple
4651
4652
465320 questions about this. Unfortunately there's no
4654
4655
465621 page numbers, so what I want to ask you about is
4657
4658
465922 your response to request number 4, which starts at
4660
4661
466223 the fourth page.
4663
4664
466524 A. Okay.
4666
4667
466825 Q. And then skip the fifth page, skip the
4669
467061
4671
4672
4673
4674
46751 sixth page, skip the seventh page. I'm looking at
4676
4677
46782 a page that in the middle has in bold print, At
4679
4680
46813 this time Scott was also using the Twitter account
4682
4683
46844 @jointhegirlarmy. Are we looking at the same
4685
4686
46875 page?
4688
4689
46906 A. Yes.
4691
4692
46937 Q. There's a bullet point here that says, I
4694
4695
46968 was fired from a job that I resigned from, paren,
4697
4698
46999 pro bono position. Do you see that?
4700
4701
470210 A. Yes.
4703
4704
470511 Q. So what you're saying here is that
4706
4707
470812 Ms. Scott falsely reported to the public that you
4709
4710
471113 had been fired from a job when, in fact, you
4712
4713
471414 resigned; is that right?
4715
471615 A. Yes.
4717
4718
471916 Q. Okay. What job is that?
4720
4721
472217 A. That was the radio host. That was the
4723
4724
472518 Red Nation Rising job.
4726
4727
472819 Q. And when we talk about Red Nation Rising,
4729
4730
473120 you had two different relationships, correct? So
4732
4733
473421 you were both a consultant, which was a pro bono
4735
4736
473722 position, but you were also in discussions to
4738
4739
474023 enter into a for-private fundraising consulting
4741
4742
474324 agreement?
4744
4745
474625 A. That was my understanding, was that we
4747
474862
4749
4750
4751
4752
47531 were in those discussions, yes.
4754
4755
47562 Q. I want to ask you -- skip a couple pages.
4757
4758
47593 So skip the next page, and then go to April 11th,
4760
4761
47624 2016. You're looking at April 11th, 2016?
4763
4764
47655 A. Uh-huh.
4766
4767
47686 Q. And there's an allegation in here about
4769
4770
47717 Ms. Scott soliciting a hacker to do something
4772
4773
47748 nefarious with respect to you; is that right?
4775
4776
47779 A. That was the way I interpreted what was
4778
4779
478010 being said on line, yes.
4781
4782
478311 Q. Do you contend that Ms. Scott solicited
4784
4785
478612 Anonymous to hack you or hack some of your
4787
4788
478913 accounts?
4790
4791
479214 A. Am I doing --
4793
479415 Q. Just period.
4795
4796
479716 A. At the time I very much thought that's
4798
4799
480017 what was happening. Now do I believe that she
4801
4802
480318 actually spoke with someone -- well, I can't tell
4804
4805
480619 you what her intent was.
4807
4808
480920 Q. For the purposes of this lawsuit are you
4810
4811
481221 alleging that Ms. Scott solicited Anonymous to
4813
4814
481522 hack you or your accounts?
4816
4817
481823 A. Did I allege that in my claims?
4819
4820
482124 Q. It's your complaint, ma'am. Did you?
4822
4823
482425 Are you suing Ms. Scott because you think that she
4825
482663
4827
4828
4829
4830
48311 solicited Anonymous to hack you?
4832
4833
48342 A. I don't recall alleging that in my claim.
4835
4836
48373 Q. And when we get to the trial are you
4838
4839
48404 going to say that Ms. Scott should somehow be
4841
4842
48435 liable because she solicited Anonymous to hack you
4844
4845
48466 or your accounts?
4847
4848
48497 MR. LOTT: If you can answer it, you can
4850
4851
48528 answer it. I can't tell you.
4853
4854
48559 A. At this time I don't think so. But every
4856
4857
485810 day that goes by, something else happens, so . . .
4859
4860
486111 BY MR. DAVIS:
4862
4863
486412 Q. All right. So sitting here today, you
4865
4866
486713 don't intend to sue Ms. Scott for soliciting
4868
4869
487014 Anonymous to hack you, correct?
4871
487215 A. Sitting here right now today, I don't
4873
4874
487516 believe I've alleged that. I don't believe that
4876
4877
487817 was in my claims previously, and I don't believe
4879
4880
488118 I'm going to make that claim going forward, no.
4882
4883
488419 Q. Okay. That's helpful, thank you.
4885
4886
488720 The document we were just looking at
4888
4889
489021 says, quote, nobody in Anonymous was interested.
4891
4892
489322 See that?
4894
4895
489623 A. Yes, that's what I observed on line.
4897
4898
489924 Q. Were you, in fact, hacked by a member of
4900
4901
490225 Anonymous?
4903
490464
4905
4906
4907
4908
49091 A. Not to my knowledge.
4910
4911
49122 Q. Okay. I want to go to the next page and
4913
4914
49153 ask you about May 13th, 2016, and specifically the
4916
4917
49184 archive that ends -- oh, excuse me, the web
4919
4920
49215 address that ends with Fame -- Famertunesucre.
4922
4923
49246 A. Famertunesucre.
4925
4926
49277 Q. Famertunesucre, of course, obviously.
4928
4929
49308 Do you have a copy of that link that
4931
4932
49339 you're referencing? Because when I looked it up
4934
4935
493610 it was kiddy porn.
4937
4938
493911 A. This is a search URL for archive.is. It
4940
4941
494212 shouldn't be anything but the search results for
4943
4944
494513 this Twitter.
4946
4947
494814 Q. So you think that this link would show
4949
495015 Tweets sent by Famertunesucre?
4951
4952
495316 A. Just a sec. I believe someone may have
4954
4955
495617 inserted incorrect characters into this URL, so I
4957
4958
495918 believe you might have to take the 2 and the F
4960
4961
496219 out.
4963
4964
496520 Q. Okay.
4966
4967
496821 A. Or take the F out for this link to work.
4969
4970
497122 Q. Okay. Under May 13th it also says that
4972
4973
497423 anonymous attacked you in early April 2017. Do
4975
4976
497724 you see that?
4978
4979
498025 A. No. I said that she was seen on line
4981
498265
4983
4984
4985
4986
49871 trying to solicit.
4988
4989
49902 Q. Were you attacked by anonymous in early
4991
4992
49933 April 2017?
4994
4995
49964 A. By the account above, yes.
4997
4998
49995 Q. What does that mean? What account are
5000
5001
50026 you referring to?
5003
5004
50057 A. The Famertunesucre account.
5006
5007
50088 Q. Okay. So Famertunesucre attacked you in
5009
5010
50119 April of 2017; is that right?
5012
5013
501410 A. Harassed me, but not hacked me.
5015
5016
501711 Q. So what do you mean by attacked? Just
5018
5019
502012 sent harassing emails or Tweets?
5021
5022
502313 A. Yes.
5024
5025
502614 Q. Okay. All right. I want to skip to the
5027
502815 next page, which is June 23rd, 2016. And towards
5029
5030
503116 the bottom there's a bullet point that says,
5032
5033
503417 quote, I stole a document from BB&T. I was sent
5035
5036
503718 an email from my husband that he received for our
5038
5039
504019 purposes, do you see that?
5041
5042
504320 A. Yes.
5044
5045
504621 Q. What email are you referring to?
5047
5048
504922 A. That was the email from where they -- the
5050
5051
505223 email where they said that they determined that he
5053
5054
505524 didn't even have access to the document, or to the
5056
5057
505825 systems.
5059
506066
5061
5062
5063
5064
50651 Q. "They" being BB&T?
5066
5067
50682 A. Yes.
5069
5070
50713 Q. Okay. So your husband forwarded you an
5072
5073
50744 email or sent you an email from BB&T that said,
5075
5076
50775 We've determined Mr. Esposito did not have access
5078
5079
50806 to the systems on which Ms. Scott's account
5081
5082
50837 information would be located.
5084
5085
50868 A. The document attached to the email said
5087
5088
50899 that, yes.
5090
5091
509210 Q. Okay. And did you use that document in
5093
5094
509511 connection with obtaining a criminal warrant or an
5096
5097
509812 arrest warrant in North Carolina?
5099
5100
510113 A. I did not.
5102
5103
510414 MR. LOTT: Hold on. Let him finish.
5105
510615 THE WITNESS: I'm sorry, I thought he
5107
5108
510916 did.
5110
5111
511217 BY MR. DAVIS:
5113
5114
511518 Q. That's okay. Go ahead.
5116
5117
511819 A. Did you finish your question?
5119
5120
512120 Q. My question was: Did you use this
5122
5123
512421 document from BB&T in North Carolina to get an
5125
5126
512722 arrest warrant?
5128
5129
513023 A. I did not. The document, the warrant was
5131
5132
513324 sought, I believe the date was December 3rd, maybe
5134
5135
513625 five to seven business days before the email that
5137
513867
5139
5140
5141
5142
51431 have concluded the investigation was forwarded to
5144
5145
51462 my husband.
5147
5148
51493 Q. Did you have some hearing in Garner,
5150
5151
51524 North Carolina where you had to appear before a
5153
5154
51555 magistrate?
5156
5157
51586 A. No. It's not done as a hearing. It's
5159
5160
51617 basically a -- just a pleading where you go and
5162
5163
51648 ask the magistrate for help. They've changed the
5165
5166
51679 system, but that's what it was at the time.
5168
5169
517010 Q. Okay.
5171
5172
517311 (Defendant's Exhibit 13 marked)
5174
5175
517612 BY MR. DAVIS:
5177
5178
517913 Q. I'm going to ask you about a document
5180
5181
518214 that we'll mark as Exhibit 13. And, again,
5183
518415 there's no page numbers, but I want to start on
5185
5186
518716 your response to Interrogatory Number 2, which is
5188
5189
519017 at page 4, and Interrogatory Number 2 essentially
5191
5192
519318 asks you to identify the statements made by
5194
5195
519619 Ms. Scott that you think were defamatory. Do you
5197
5198
519920 see that?
5200
5201
520221 A. Yes.
5203
5204
520522 Q. Okay. So let me go to the next page and
5206
5207
520823 skip that, and then the next page. And then you
5209
5210
521124 said at the top, quote, Ms. Scott published her
5212
5213
521425 first defamatory blog about Lu Anne Esposito as a
5215
521668
5217
5218
5219
5220
52211 topic in October 2015, and then you have a link,
5222
5223
52242 correct?
5225
5226
52273 A. Yes.
5228
5229
52304 (Defendant's Exhibit 14 marked)
5231
5232
52335 BY MR. DAVIS:
5234
5235
52366 Q. So I'm going to show you what is marked
5237
5238
52397 as Exhibit 14. And is Exhibit 14 the document
5240
5241
52428 that you're referring to as TRxfp?
5243
5244
52459 A. Yes.
5246
5247
524810 Q. All right. Identify for me in Exhibit 14
5249
5250
525111 the defamatory statements, please.
5252
5253
525412 A. I don't think -- it's just what it says
5255
5256
525713 here, is that the story was fake; that I faked a
5258
5259
526014 story.
5261
526215 Q. Okay. So Exhibit 14 where there's a
5263
5264
526516 sentence that says, quote, Esposito wrote and
5266
5267
526817 published a fake release accusing Kathy Scott of
5269
5270
527118 being the harasser of K98 Talk. You contend that
5272
5273
527419 was false, correct?
5275
5276
527720 A. Yes.
5278
5279
528021 Q. And how did that harm you?
5281
5282
528322 A. My business is marketing and public
5284
5285
528623 relations. For someone to accuse me of doing a
5287
5288
528924 fake story, publishing a fake release, is damaging
5290
5291
529225 to my reputation.
5293
529469
5295
5296
5297
5298
52991 Q. And can you identify any money you've
5300
5301
53022 lost tied to this particular statement?
5303
5304
53053 A. No, not specifically.
5306
5307
53084 Q. In your interrogatory responses you also
5309
5310
53115 say that in Exhibit 14 Ms. Scott, quote, claims
5312
5313
53146 that a media release which was directly responsive
5315
5316
53177 to Ms. Scott's media appearance was done as
5318
5319
53208 retaliation. Do you see that?
5321
5322
53239 A. Yes.
5324
5325
532610 Q. Can you tell me where in Exhibit 14 that
5327
5328
532911 statement appears?
5330
5331
533212 A. I don't know that it is in here.
5333
5334
533513 Q. I didn't see it. That's why I'm asking.
5336
5337
533814 A. I don't see that statement in this.
5339
534015 Maybe in one of the other blogs, or you can see in
5341
5342
534316 the column over here that there are quite a few.
5344
5345
534617 Q. Sure. Well, I just want to make sure we
5347
5348
534918 do them one by one. That answers my question.
5350
5351
535219 A. That's fine.
5353
5354
535520 Q. Let's talk a little bit generally about
5356
5357
535821 how all this gets started. You were a -- PIO
5359
5360
536122 stands for what, public information officer?
5362
5363
536423 A. Yeah.
5365
5366
536724 Q. Okay. And you were the PIO back in
5368
5369
537025 October 2015 for what?
5371
537270
5373
5374
5375
5376
53771 A. I was asked to take on the role of media
5378
5379
53802 relations.
5381
5382
53833 Q. We see here --
5384
5385
53864 A. Yeah, it's a -- yes, I --
5387
5388
53895 Q. Okay. So in October 2015 were you a PIO
5390
5391
53926 of something?
5393
5394
53957 A. Yes.
5396
5397
53988 Q. And of what?
5399
5400
54019 A. K98 Talk Radio.
5402
5403
540410 Q. And what is that, or what was that?
5405
5406
540711 A. It's a nonprofit internet radio talk
5408
5409
541012 show.
5411
5412
541313 Q. And what does it play, disco, or what
5414
5415
541614 does --
5417
541815 A. No, it's conservative political talk.
5419
5420
542116 Q. So that's a political talk radio.
5422
5423
542417 A. Yes.
5425
5426
542718 Q. And you were asked by people at K98 to
5428
5429
543019 get involved to try and contain fallout or damage
5431
5432
543320 from what Ms. Scott was doing back in October
5434
5435
543621 2015?
5437
5438
543922 A. Yes. To respond specifically to her
5440
5441
544223 media appearance.
5443
5444
544524 Q. The media appearance was Ms. Scott
5446
5447
544825 appearing on Fox 5 News?
5449
545071
5451
5452
5453
5454
54551 A. Uh-huh.
5456
5457
54582 Q. Yes?
5459
5460
54613 A. Yes.
5462
5463
54644 Q. And in response to Ms. Scott's media
5465
5466
54675 appearance on Fox 5 News you issued a press
5468
5469
54706 release on behalf of K98 Talk Radio, correct?
5471
5472
54737 A. Yes.
5474
5475
54768 Q. And Exhibit 14, which we were looking at,
5477
5478
54799 Ms. Scott characterized that press release as
5480
5481
548210 fake, which you allege is false; correct?
5483
5484
548511 A. Yes.
5486
5487
548812 Q. So what we're going to do, just so you
5489
5490
549113 know, is this big thick document, which is Exhibit
5492
5493
549414 13, this is where you've listed all of the
5495
549615 defamatory statements.
5497
5498
549916 A. Uh-huh.
5500
5501
550217 Q. So I just want to go through them.
5503
5504
550518 (Defendant's Exhibit 15 marked)
5506
5507
550819 BY MR. DAVIS:
5509
5510
551120 Q. So I'm going to show you what is marked
5512
5513
551421 as Exhibit 15. Exhibit 15 is a copy of the press
5515
5516
551722 release we were just talking about, correct?
5518
5519
552023 A. Right.
5521
5522
552324 Q. And did you do anything to push this
5524
5525
552625 press release to media outlets, or did you just
5527
552872
5529
5530
5531
5532
55331 post it on line?
5534
5535
55362 A. I distributed it to a media list.
5537
5538
55393 Q. Who was on the list?
5540
5541
55424 A. Atlanta media outlets, print, broadcast
5543
5544
55455 radio, print, national media outlets. There were,
5546
5547
55486 if I remember correctly, probably 50 or 60.
5549
5550
55517 Q. Okay. We'll show you what we'll mark as
5552
5553
55548 Exhibit 16.
5555
5556
55579 (Defendant's Exhibit 16 marked)
5558
5559
556010 BY MR. DAVIS:
5561
5562
556311 Q. And in the interrogatory responses you
5564
5565
556612 see that you've identified an archive ending in
5567
5568
556913 SGS4a. Is Exhibit 16 that SGS4a you were
5570
5571
557214 referring to?
5573
557415 A. According to the URL here, it is.
5575
5576
557716 Q. You've alleged that Ms. Scott defamed
5578
5579
558017 you. We asked you how did she defame you, and in
5581
5582
558318 your interrogatory responses you said, Well, I put
5584
5585
558619 a copy of it at this archive. So is this archive,
5587
5588
558920 Exhibit 16, what you're referring to?
5590
5591
559221 A. Yes. According to this, it is
5593
5594
559522 (indicating.)
5596
5597
559823 Q. Well, independent of what the URL at the
5599
5600
560124 footer of the page says, is this what you were
5602
5603
560425 talking about in your interrogatory responses?
5605
560673
5607
5608
5609
5610
56111 A. This is the only way I have to tell that
5612
5613
56142 the two match.
5615
5616
56173 Q. Identify for me in Exhibit 16 the
5618
5619
56204 defamatory statements.
5621
5622
56235 A. Targeted campaign against me and I was
5624
5625
56266 immoral and vicious. I guess you could argue
5627
5628
56297 that, but . . .
5630
5631
56328 Q. I'm sorry, you could argue that you were
5633
5634
56359 immoral and vicious?
5636
5637
563810 MR. LOTT: I'm sorry, guys, let's go off
5639
5640
564111 the record.
5642
5643
564412 (Brief interruption)
5645
5646
564713 BY MR. DAVIS:
5648
5649
565014 Q. All right. So going back on the record,
5651
565215 you said in words or substance, you could argue
5653
5654
565516 that. And I'm trying to understand what you
5656
5657
565817 meant. You could argue that the words immoral and
5659
5660
566118 vicious were defamatory? Is that what you meant?
5662
5663
566419 A. I guess. I mean, that's -- yes, that's
5665
5666
566720 one of the statements that I've identified in this
5668
5669
567021 as defamatory.
5671
5672
567322 Q. Okay. Identify for me in Exhibit 16 the
5674
5675
567623 other statements that you think were defamatory,
5677
5678
567924 please.
5680
5681
568225 MR. LOTT: You can answer it.
5683
568474
5685
5686
5687
5688
56891 A. I could not believe that this was their
5690
5691
56922 PIO. Neither could Red Nation Rising. After the
5693
5694
56953 continued targeting they pulled their top rated
5696
5697
56984 show off K98 and fired Esposito.
5699
5700
57015 Q. Can you show me which page you're
5702
5703
57046 referring to, or just tell me.
5705
5706
57077 A. It's the very end. It's the closing
5708
5709
57108 statement.
5711
5712
57139 Q. All right. So it was false to say Red
5714
5715
571610 Nation Rising fired you because, in fact, you
5717
5718
571911 resigned, correct? Maybe I wasn't clear. My
5720
5721
572212 question is you contend it was defamatory for
5723
5724
572513 Ms. Scott to say Red Nation Rising fired you
5726
5727
572814 because, in fact, you resigned.
5729
573015 A. Yes.
5731
5732
573316 Q. Any other defamatory statements in
5734
5735
573617 Exhibit 16?
5737
5738
573918 A. Yeah, that's all I see at this time, and
5740
5741
574219 that's all that I listed that I guess would fall
5743
5744
574520 under defamatory, but, you know.
5746
5747
574821 Q. Do you contend that you lost any money as
5749
5750
575122 a result of the statements that you think are
5752
5753
575423 false and identified in Exhibit 16?
5755
5756
575724 A. Well, this is part of the -- you know,
5758
5759
576025 where she made the situation with Red Nation
5761
576275
5763
5764
5765
5766
57671 Rising completely unworkable and I couldn't
5768
5769
57702 continue. But other than that, no.
5771
5772
57733 Q. Just so I'm clear, you felt like you
5774
5775
57764 needed to resign from Red Nation Rising because of
5777
5778
57795 Ms. Scott's Twitter activity? Is that what you're
5780
5781
57826 saying?
5783
5784
57857 A. That's as fair way as any to describe it,
5786
5787
57888 yes. That's what I've always contended. I've
5789
5790
57919 never said anything else.
5792
5793
579410 Q. And that position was pro bono, the media
5795
5796
579711 consultant position, right?
5798
5799
580012 A. The radio show, yes. That was part of
5801
5802
580313 the pro bono position.
5804
5805
580614 Q. So my original question is: Do you
5807
580815 contend anything in Exhibit 16 cost you money?
5809
5810
581116 And I'll ask you the same question again. Do you
5812
5813
581417 contend that any of the statements you've
5815
5816
581718 identified in Exhibit 16 as being false cost you
5818
5819
582019 money?
5821
5822
582320 A. Indirectly, otherwise impossible to
5824
5825
582621 answer.
5827
5828
582922 Q. Why is it impossible to answer?
5830
5831
583223 A. Indirectly, because of the relationship
5833
5834
583524 with Red Nation Rising, otherwise that's
5836
5837
583825 impossible to answer. This was -- right,
5839
584076
5841
5842
5843
5844
58451 and . . .
5846
5847
58482 Q. So I just want to make sure I'm clear.
5849
5850
58513 You don't know whether anything that Ms. Scott
5852
5853
58544 said in Exhibit 16 cost you money, and you think
5855
5856
58575 it would be impossible to answer that question,
5858
5859
58606 correct?
5861
5862
58637 A. Yeah, I -- to be per -- well, right.
5864
5865
58668 Q. Okay. I'll show you what we'll mark as
5867
5868
58699 Exhibit 17.
5870
5871
587210 (Defendant's Exhibit 17 marked)
5873
5874
587511 BY MR. DAVIS:
5876
5877
587812 Q. And is Exhibit 17 an accurate copy of
5879
5880
588113 your complaint to the Garner, North Carolina
5882
5883
588414 Police Department?
5885
588615 A. It looks correct, yes.
5887
5888
588916 Q. See there's a sentence in here that says,
5890
5891
589217 quote, Ms. Esposito realizes there's no way for us
5893
5894
589518 to charge anyone since the suspect lives in
5896
5897
589819 Georgia and stated she simply wanted us to be
5899
5900
590120 aware of the situation and document it, close
5902
5903
590421 quote. See that?
5905
5906
590722 A. Yes.
5908
5909
591023 Q. Is that what you told the Garner, North
5911
5912
591324 Carolina --
5914
5915
591625 A. That is exactly what I told them. It was
5917
591877
5919
5920
5921
5922
59231 basically informational, so -- and I wasn't asking
5924
5925
59262 for anyone to be charged or even called.
5927
5928
59293 Q. Your goal was to create a paper trail on
5930
5931
59324 Ms. Scott that you could then use on line to
5933
5934
59355 contend that she was a stalker, correct?
5936
5937
59386 A. Absolutely not.
5939
5940
59417 Q. So tell me again why it is you called
5942
5943
59448 police.
5945
5946
59479 A. To document the harassment.
5948
5949
595010 Q. Even though you knew that particular
5951
5952
595311 police department could do nothing to stop the
5954
5955
595612 harassment.
5957
5958
595913 A. I know enough about this kind of
5960
5961
596214 harassment that I know that it doesn't stop
5963
596415 anyway.
5965
5966
596716 Q. Your business partner, Ms. Lennox, had at
5968
5969
597017 or about the same time filed some complaint with
5971
5972
597318 the Cobb County Sheriff's Department, correct? Or
5974
5975
597619 the Cherokee County Police?
5977
5978
597920 A. I suppose. I can't make statements as to
5980
5981
598221 when Mrs. Lennox did anything.
5983
5984
598522 Q. Well, you see that you told the Garner
5986
5987
598823 Police Department on September 29th, 2015, quote,
5989
5990
599124 you had a business partner in Georgia who had gone
5992
5993
599425 to her local police, referenced the same
5995
599678
5997
5998
5999
6000
60011 situation, close quote.
6002
6003
60042 A. If I said that to the police department I
6005
6006
60073 can assure you that it's the truth.
6008
6009
60104 Q. And you and Ms. Lennox coordinated making
6011
6012
60135 criminal complaints against Ms. Scott, correct?
6014
6015
60166 A. No, we did not coordinate.
6017
6018
60197 Q. So it's sheer coincidence that you and
6020
6021
60228 your business partner both filed complaints with
6023
6024
60259 different police departments?
6026
6027
602810 A. Was it sheer coincidence that Ms. Scott
6029
6030
603111 was harassing us both at the same time?
6032
6033
603412 Q. I asked you a question. You don't think
6035
6036
603713 it was a coincidence because you were both being
6038
6039
604014 harassed, right?
6041
604215 A. Yes, we were both being harassed.
6043
6044
604516 Q. And why is it that --
6046
6047
604817 A. We were both being threatened, as a
6049
6050
605118 matter of fact, at that point in time.
6052
6053
605419 Q. What threat?
6055
6056
605720 A. See, these Tweets I do actually remember,
6058
6059
606021 because they kind of make an impression on you.
6061
6062
606322 This is not verbatim, but I don't use my
6064
6065
606623 gun for practice, I use it to kill people. You
6067
6068
606924 don't understand what I'm saying. I have a gun, I
6070
6071
607225 just use it to kill people.
6073
607479
6075
6076
6077
6078
60791 Q. And that's why you called the Garner,
6080
6081
60822 North Carolina Police Department?
6083
6084
60853 A. Yes. That's why I wanted the police to
6086
6087
60884 be aware of who was harassing me.
6089
6090
60915 Q. Are you sure you got your timeline right?
6092
6093
60946 A. Actually, no, I'm not 100 percent
6095
6096
60977 positive. Like I said, you have to look at
6098
6099
61008 archives, because it's been a long two and a half
6101
6102
61039 years, but I am pretty certain that there were
6104
6105
610610 threats made, things said about the IRA --
6107
6108
610911 Q. First of all --
6110
6111
611212 A. -- throughout that process.
6113
6114
611513 Q. Prior to September 29th, 2015, which
6116
6117
611814 motivated you to complain to the Garner, North
6119
612015 Carolina Police Department?
6121
6122
612316 A. I believe so, yes. It should be noted
6124
6125
612617 that this was actually also done -- timed
6127
6128
612918 dispatch. So this is noon on the 29th, which I
6130
6131
613219 think was prior to the media appearance as well,
6133
6134
613520 correct? Wasn't the media appearance on the 30th?
6136
6137
613821 Or it was that evening at 10:00 p.m.
6139
6140
614122 Q. All I'm trying to do is to get to what
6142
6143
614423 you just said, which is the reason I called the
6145
6146
614724 police is because Ms. Scott threatened me, okay.
6148
6149
615025 So that's what I'm trying to get at. Sitting here
6151
615280
6153
6154
6155
6156
61571 today you don't know if those Tweets actually were
6158
6159
61602 sent prior to September 29th.
6161
6162
61633 A. I will rephrase that. I contacted the
6164
6165
61664 police department because I felt threatened and I
6167
6168
61695 felt harassed.
6170
6171
61726 Q. And you felt threatened because of Tweets
6173
6174
61757 that you think had been sent prior to September
6176
6177
61788 29th, 2015, right? That's your testimony?
6179
6180
61819 A. To the best of my recollection, yes, that
6182
6183
618410 is how I believe I felt at the time.
6185
6186
618711 Q. And the Tweet that you contend Ms. Scott
6188
6189
619012 sent which said in words or substance something
6191
6192
619313 about a gun, was that Tweet sent to you?
6194
6195
619614 A. I had not -- no, I don't believe that was
6197
619815 sent to me directly.
6199
6200
620116 Q. So why is it that you felt that Tweet was
6202
6203
620417 threatening to you?
6205
6206
620718 A. I think if you are being harassed by
6208
6209
621019 someone on line who then starts talking about
6211
6212
621320 using their -- you know, I don't know, starts
6214
6215
621621 talking in a violent way and using violent images,
6217
6218
621922 that you would feel threatened as well.
6220
6221
622223 Q. How did you find that particular Tweet?
6223
6224
622524 The one about the guns. It wasn't sent to you,
6226
6227
622825 how did you get it?
6229
623081
6231
6232
6233
6234
62351 A. What do you mean, if it wasn't sent to
6236
6237
62382 me?
6239
6240
62413 Q. You're contending Ms. Scott issued a
6242
6243
62444 Tweet that referenced guns and you were not
6245
6246
62475 addressed on that Tweet, correct?
6248
6249
62506 A. I don't believe I was addressed on that
6251
6252
62537 Tweet, no.
6254
6255
62568 Q. So how did you get the Tweet?
6257
6258
62599 A. I believe, if -- I believe that I saw
6260
6261
626210 someone responding to that Tweet.
6263
6264
626511 Q. Okay. I'm going to show you what we
6266
6267
626812 marked as Exhibit 18.
6269
6270
627113 (Defendant's Exhibit 18 marked)
6272
6273
627414 BY MR. DAVIS:
6275
627615 Q. And is Exhibit 18 is the archived Tweets
6277
6278
627916 you're referring to in your interrogatory
6280
6281
628217 responses for the period February 2016 to April
6283
6284
628518 2016, correct?
6286
6287
628819 A. Uh-huh.
6289
6290
629120 Q. Yes?
6292
6293
629421 A. February. Yes. It appears that way.
6295
6296
629722 Q. Okay. And based on your interrogatory
6298
6299
630023 response it appears that the only thing in this
6301
6302
630324 string of Tweets you contend that was defamatory
6304
6305
630625 was a statement that you, quote, illegally paid
6307
630882
6309
6310
6311
6312
63131 government workers to contract for you; is that
6314
6315
63162 right?
6317
6318
63193 A. Yes.
6320
6321
63224 Q. And it's 40 pages long. So are there
6323
6324
63255 other Tweets in this packet that you're alleging
6326
6327
63286 are defamatory besides what you've identified in
6329
6330
63317 your interrogatory responses?
6332
6333
63348 A. I would have to look through the whole
6335
6336
63379 thing to see if there's something else in here.
6338
6339
634010 Q. Go ahead.
6341
6342
634311 A. I suppose this could be libel: Every
6344
6345
634612 time this get posted Lu Esposito and Erik Rush
6347
6348
634913 have to pay me. #libel #defamation.
6350
6351
635214 Q. And, for the record, Ms. Esposito was
6353
635415 referring to a Tweet on page 12 of Exhibit 18.
6355
6356
635716 A. That's all I see.
6358
6359
636017 Q. Okay. So just so the record is clean, we
6361
6362
636318 just looked at the Twitter archive ending in
6364
6365
636619 sdtHL, and the Tweet you've identified that you
6367
6368
636920 think is defamatory is on page 12 which says,
6370
6371
637221 quote, Every time this get posted Lu Anne Esposito
6373
6374
637522 and Erik Rush have to pay me. #libel #defamation.
6376
6377
637823 Correct?
6379
6380
638124 A. Correct.
6382
6383
638425 Q. I'm going to show you what we'll mark as
6385
638683
6387
6388
6389
6390
63911 Exhibit 19.
6392
6393
63942 (Defendant's Exhibit 19 marked)
6395
6396
63973 BY MR DAVIS:
6398
6399
64004 Q. This for the record is the Twitter
6401
6402
64035 archive ending in tzs4z. And Exhibit 19 is the
6404
6405
64066 Twitter archive you're referring to in your
6407
6408
64097 interrogatory responses about you illegally paying
6410
6411
64128 government workers, correct?
6413
6414
64159 Before you start looking through it I
6416
6417
641810 just want to make sure, Exhibit 19 is the same
6419
6420
642111 Twitter archive that you're referring to in your
6422
6423
642412 interrogatory responses where you say Ms. Scott
6425
6426
642713 falsely stated that you illegally paid government
6428
6429
643014 workers, correct?
6431
643215 A. Yes.
6433
6434
643516 Q. Okay. And I can actually help out on
6436
6437
643817 this one. Let's skip ahead to page 26 of Exhibit
6439
6440
644118 19. And this is the Tweet you're referring to,
6442
6443
644419 correct? Quote, FOIA request sent to State of
6445
6446
644720 North Carolina for info on contractors being paid
6448
6449
645021 by state and working privately for Lu Anne
6451
6452
645322 Esposito, close quote.
6454
6455
645623 A. Yes.
6457
6458
645924 Q. Okay. And your contention is that that
6460
6461
646225 is an accusation that you illegally paid
6463
646484
6465
6466
6467
6468
64691 government workers?
6470
6471
64722 A. Yes, because there are -- I think there
6473
6474
64753 are additional Tweets, if I remember correctly.
6476
6477
64784 But --
6479
6480
64815 Q. Well, before we go on, do you have any
6482
6483
64846 knowledge of whether a Freedom of Information Act
6485
6486
64877 request was sent to the State of North Carolina?
6488
6489
64908 A. I do not know.
6491
6492
64939 Q. And can you identify any other Tweets in
6494
6495
649610 Exhibit 19 that are defamatory?
6497
6498
649911 A. I have to go through it.
6500
6501
650212 Q. Okay.
6503
6504
650513 A. Page 35, this is all tied to
6506
6507
650814 Lu Esposito's libelous post. Her words will be
6509
651015 what brings up Jodi's swatting. I don't know if
6511
6512
651316 it's libelous to say someone is libelous.
6514
6515
651617 Yeah, that's it.
6517
6518
651918 Q. Okay. I'll show you a document we'll
6520
6521
652219 mark as Exhibit 20.
6523
6524
652520 (Defendant's Exhibit 20 marked)
6526
6527
652821 BY MR. DAVIS:
6529
6530
653122 Q. And I want to ask you about a Tweet on
6532
6533
653423 page 2, which is from Ms. Scott that says quote
6535
6536
653724 you used a fake account to threaten an attempted
6538
6539
654025 suicide victim, see that, close quote?
6541
654285
6543
6544
6545
6546
65471 A. Yep.
6548
6549
65502 Q. Okay. And you contend that statement is
6551
6552
65533 defamatory?
6554
6555
65564 A. Yes.
6557
6558
65595 Q. Okay. I'm just making sure. And what is
6560
6561
65626 your understanding of who this attempted suicide
6563
6564
65657 victim is?
6566
6567
65688 A. It's someone named Sean Dawson.
6569
6570
65719 Q. Okay.
6572
6573
657410 A. According to your client. I haven't seen
6575
6576
657711 him actually listed anywhere as a real person, and
6578
6579
658012 I've heard he's not a real person. Well, he's a
6581
6582
658313 real person, but he's not on Twitter and he wasn't
6584
6585
658614 a victim of suicide.
6587
658815 Q. Okay. So the alleged victim is Sean
6589
6590
659116 Dawson. And is it your contention that Ms. Scott
6592
6593
659417 accused you, Lu Anne Esposito, personally of
6595
6596
659718 threatening him, or one of your and pseudonyms?
6598
6599
660019 MR. LOTT: Object to the form of the
6601
6602
660320 question. You can answer if you can.
6604
6605
660621 A. She's tagging me in that post, so she's
6607
6608
660922 saying that to me. She, indeed, is accusing me of
6610
6611
661223 doing that.
6613
6614
661524 BY MR. DAVIS:
6616
6617
661825 Q. You're a department of defense
6619
662086
6621
6622
6623
6624
66251 contractor, correct?
6626
6627
66282 A. Yes.
6629
6630
66313 Q. And what is it you do for the department
6632
6633
66344 of defense?
6635
6636
66375 A. I was counterintelligence.
6638
6639
66406 Q. And more specifically, what did you
6641
6642
66437 purportedly do for the department of defense?
6644
6645
66468 A. Digital counterintelligence.
6647
6648
66499 Q. I have no idea what that means, so maybe
6650
6651
665210 you could give me an example or two.
6653
6654
665511 A. I found, reported, thwarted several
6656
6657
665812 terror attacks. I found the threats on line,
6659
6660
666113 reported them, and thwarted terror attacks.
6662
6663
666414 Q. And how is it that you are skilled enough
6665
666615 to locate a potential terror attack on line? How
6667
6668
666916 does one go about doing that?
6670
6671
667217 A. I'm good at analyzing images.
6673
6674
667518 Q. Explain to me how you thwarted your first
6676
6677
667819 terror attack.
6679
6680
668120 A. The first one. The first one was -- the
6682
6683
668421 threat was blood in -- what's the word -- Levant
6685
6686
668722 Square.
6688
6689
669023 Q. And this was a Tweet or --
6691
6692
669324 A. No, it's not. It's in a messenger that
6694
6695
669625 was infiltrated.
6697
669887
6699
6700
6701
6702
67031 Q. You infiltrated a messenger and
6704
6705
67062 uncovered --
6707
6708
67093 A. Yes, I infiltrated their group in a
6710
6711
67124 messenger app.
6713
6714
67155 Q. You infiltrated a terrorist group and
6716
6717
67186 accessed their messenger information.
6719
6720
67217 A. No. In an encrypted messenger app I
6722
6723
67248 infiltrated their group. It's really not that
6725
6726
67279 hard to do. You just join their group.
6728
6729
673010 Q. Using your real name, Lu Esposito.
6731
6732
673311 A. No, no. You create an error profile and
6734
6735
673612 you access their group.
6737
6738
673913 Q. What is an error profile?
6740
6741
674214 A. Errant.
6743
674415 Q. So you create a fake social media
6745
6746
674716 presence or account and use that?
6748
6749
675017 A. Well, it's a messenger app, so yes.
6751
6752
675318 Q. Well, neither I nor the jury are
6754
6755
675619 conversant in the technical details that you think
6757
6758
675920 are apparently so obvious, so I just wanted to
6760
6761
676221 know what it is you're referring to.
6763
6764
676522 A. Yeah, obviously. I understand.
6766
6767
676823 Q. And what is Ghost Cyber Intelligence?
6769
6770
677124 A. That was my company, registered here.
6772
6773
677425 Q. You co-owned it with a woman named,
6775
677688
6777
6778
6779
6780
67811 purportedly named Candice Lanier; is that correct?
6782
6783
67842 A. That's not actually her real name.
6785
6786
67873 Q. Okay. But a person who sometimes goes by
6788
6789
67904 the name Candice Lanier.
6791
6792
67935 A. Yes, correct.
6794
6795
67966 Q. And the relationship you had with the
6797
6798
67997 department of defense was through Ghost Cyber
6800
6801
68028 Intelligence?
6803
6804
68059 A. Yes.
6806
6807
680810 Q. You no longer -- Ghost Cyber Intelligence
6809
6810
681111 no longer has a department of defense contract?
6812
6813
681412 A. I have no idea what their contract is. I
6815
6816
681713 signed my part of that over to Candice May, June.
6818
6819
682014 Q. Of 2017?
6821
682215 A. Uh-huh, something like that.
6823
6824
682516 Q. And why is it that you ended your
6826
6827
682817 relationship with Candice?
6829
6830
683118 A. There were quite a few reasons. One
6832
6833
683419 reason is that all of this was going to get her
6835
6836
683720 sucked up into what's going on with me. Some of
6838
6839
684021 it was I just couldn't handle some of the
6841
6842
684322 craziness that was going on. I mean, there are
6844
6845
684623 many reasons. I'm not alleging that that had
6847
6848
684924 anything to do with this.
6850
6851
685225 Q. Well, I understand. I just think that
6853
685489
6855
6856
6857
6858
68591 the jury might find it interesting to know that
6860
6861
68622 someone who's involved in a, quote, unquote,
6863
6864
68653 Twitter war happens to be a cyber security
6866
6867
68684 consultant with apparent great deal of expertise
6869
6870
68715 in creating fake social media accounts and
6872
6873
68746 infiltrating terrorist organizations.
6875
6876
68777 MR. LOTT: I'll object to the form of
6878
6879
68808 whatever that question was, if it was a question.
6881
6882
68839 BY MR DAVIS:
6884
6885
688610 Q. Well, that was just prelude to ask you
6887
6888
688911 this question, which I think the jury would
6890
6891
689212 presumably want to know: You have plenty of
6893
6894
689513 experience creating fake Twitter accounts, don't
6896
6897
689814 you?
6899
690015 A. No, I wouldn't say plenty.
6901
6902
690316 Q. Some experience.
6904
6905
690617 A. I learned to do it sometime -- I learned
6907
6908
690918 to do it at some point after I started doing -- my
6910
6911
691219 expertise was not in creating fake Twitter
6913
6914
691520 accounts.
6916
6917
691821 Q. My question was: You have plenty of
6919
6920
692122 experience in creating fake Twitter accounts, and
6922
6923
692423 you said, "I wouldn't say plenty." So let me
6925
6926
692724 rephrase my question.
6928
6929
693025 You have experience creating fake Twitter
6931
693290
6933
6934
6935
6936
69371 accounts, don't you?
6938
6939
69402 A. Recently, yes.
6941
6942
69433 Q. And by recently, you mean what period of
6944
6945
69464 time?
6947
6948
69495 A. After August 2016.
6950
6951
69526 Q. And what is it that happened in or around
6953
6954
69557 August 2016 that led you to acquire this
6956
6957
69588 experience?
6959
6960
69619 A. The work that I was doing in
6962
6963
696410 cyberintelligence.
6965
6966
696711 Q. So you got a department of defense
6968
6969
697012 contract and then learned how to create fake
6971
6972
697313 Twitter accounts? Seems like it should work the
6974
6975
697614 other way around.
6977
697815 A. My expertise was not in Twitter accounts.
6979
6980
698116 My expertise was in analysis. No one -- can I
6982
6983
698417 explain this to him?
6985
6986
698718 If someone says to you blood in Levant
6988
6989
699019 Square, how would you pinpoint that?
6991
6992
699320 Q. Well, fortunately I'm not here to answer
6994
6995
699621 your questions. So --
6997
6998
699922 A. I'm just trying to explain to you that --
7000
7001
700223 well, okay. No, go ahead.
7003
7004
700524 Q. So you think you were able to acquire a
7006
7007
700825 contract with the department of defense because
7009
701091
7011
7012
7013
7014
70151 you somehow have expertise in analyzing internet
7016
7017
70182 content?
7019
7020
70213 A. You know, actually I think I can make
7022
7023
70244 this very simple for you. It wasn't me that
7025
7026
70275 obtained the contract, it was Candice.
7028
7029
70306 Q. Okay. And how is it that you became
7031
7032
70337 involved in a business relationship with Candice?
7034
7035
70368 A. Candice recognized my expertise.
7037
7038
70399 Q. In analyzing internet content?
7040
7041
704210 A. As far as I know. That's what she said.
7043
7044
704511 Q. How is it that you acquired that
7046
7047
704812 expertise?
7049
7050
705113 A. I majored in international relations, and
7052
7053
705414 much of my concentration was in terrorism,
7055
705615 counterterrorism, nuclear proliferation, those
7057
7058
705916 kind of things.
7060
7061
706217 Q. Isn't it true that Ms. Scott accused
7063
7064
706518 someone using the Twitter handle Ghost of causing
7066
7067
706819 Sean Dawson to commit suicide?
7069
7070
707120 A. Yes.
7072
7073
707421 Q. So when Ms. Scott sent out a tweet that
7075
7076
707722 says you @belle_river used a fake account to
7078
7079
708023 threaten an attempted suicide victim, that would
7081
7082
708324 only be defamatory if you were Ghost, correct?
7084
7085
708625 A. No, it's defamatory because she's
7087
708892
7089
7090
7091
7092
70931 directing it at me, belle_river, regardless of who
7094
7095
70962 I am, she's telling me that I used a fake account
7097
7098
70993 to cause someone -- so no, she's directing that at
7100
7101
71024 me. And at that time that account had my real
7103
7104
71055 name on it.
7106
7107
71086 Q. @belle_river had your name on it?
7109
7110
71117 A. Yes. So it's defamatory regardless of
7112
7113
71148 who she thinks I am, because she's saying that
7115
7116
71179 that's me.
7118
7119
712010 Q. Going back to Exhibit 20, there's a Tweet
7121
7122
712311 from Ms. Scott that says, quote, Garner Police are
7124
7125
712612 investigating your false claims to the judge that
7127
7128
712913 I made a false PD report, do you see that?
7130
7131
713214 A. Yes.
7133
713415 Q. And you allege that's defamatory,
7135
7136
713716 correct?
7138
7139
714017 A. I never made a false report to the
7141
7142
714318 police. I never claimed that she made a false
7144
7145
714619 police report. What I said was that she was
7147
7148
714920 reporting me to the police for doing things that I
7150
7151
715221 wasn't doing; that it wasn't true.
7153
7154
715522 Q. All right. So I want to make sure. You
7156
7157
715823 said Ms. Scott was telling the Garner, North
7159
7160
716124 Carolina police you were doing things you, in
7162
7163
716425 fact, were not doing, correct?
7165
716693
7167
7168
7169
7170
71711 A. Yes. Which is what she was doing. She
7172
7173
71742 was telling them that I was harassing her
7175
7176
71773 daughter.
7178
7179
71804 Q. And do you know if, in fact, the Garner
7181
7182
71835 Police were investigating Ms. Scott's allegations?
7184
7185
71866 A. No, I never said they were investigating
7187
7188
71897 her allegations.
7190
7191
71928 Q. Right. Ms. Scott's Tweet says that the
7193
7194
71959 Garner Police were investigating. Do you know
7196
7197
719810 whether that statement's true or false?
7199
7200
720111 A. No, I don't know if it's true or false.
7202
7203
720412 Q. There is a screen shot of what appears to
7205
7206
720713 be a phone that looks like it has a Twitter direct
7208
7209
721014 message from @belle_river, do you see that?
7211
721215 A. Uh-huh.
7213
7214
721516 Q. Yes?
7216
7217
721817 A. Yes.
7219
7220
722118 Q. Okay. And is that screen shot an
7222
7223
722419 accurate depiction of some direct messages that
7225
7226
722720 you sent?
7228
7229
723021 A. Yes.
7231
7232
723322 Q. Okay. To who?
7234
7235
723623 A. They were -- those were to someone within
7237
7238
723924 Red Nation Rising.
7240
7241
724225 Q. Who?
7243
724494
7245
7246
7247
7248
72491 A. Jared Day, I believe.
7250
7251
72522 Q. The first sentence says, quote, They
7253
7254
72553 called BBT and accused Harry of a federal banking
7256
7257
72584 crime that could very well get me fired. Do you
7259
7260
72615 see that?
7262
7263
72646 A. Yes.
7265
7266
72677 Q. Fired from what job?
7268
7269
72708 A. In this instance, I meant him. I said
7271
7272
72739 me.
7274
7275
727610 Q. So it's a typo?
7277
7278
727911 A. Yes. That's a typo.
7280
7281
728212 Q. You're currently divorced from Harry
7283
7284
728513 Esposito, correct?
7286
7287
728814 A. Yes.
7289
729015 Q. When was y'all's divorce finalized?
7291
7292
729316 A. The divorce was final I think March 2017.
7294
7295
729617 MR. DAVIS: Okay. I think I'm done with
7297
7298
729918 that document, so lunch break? Does that work for
7300
7301
730219 everybody? Okay.
7303
7304
730520 MR. LOTT: That's fine.
7306
7307
730821 (Recess 12:11 p.m.-12:54 p.m.)
7309
7310
731122 BY MR. DAVIS:
7312
7313
731423 Q. We're back on the record after lunch.
7315
7316
731724 Ms. Esposito, you said you had the name of John
7318
7319
732025 Doe we referred to earlier.
7321
732295
7323
7324
7325
7326
73271 A. I do. Just give me a second. It is Matt
7328
7329
73302 Lynch from Ohio 14th District, U.S. House.
7331
7332
73333 Q. Then you have contact information for
7334
7335
73364 Mr. Lynch?
7337
7338
73395 A. 4 Tier. John LaRosa.
7340
7341
73426 Q. I can reach Mr. Lynch through John
7343
7344
73457 LaRosa?
7346
7347
73488 A. No, it was another of their campaigns.
7349
7350
73519 We would have contracted through 4 Tier.
7352
7353
735410 Q. Okay. So do you have contact information
7355
7356
735711 for Matt Lynch, a phone number, email address?
7358
7359
736012 A. No. We would have been working through
7361
7362
736313 John LaRosa.
7364
7365
736614 Q. Before we left we were looking at what's
7367
736815 been marked Exhibit 20, and in Exhibit 20 there's
7369
7370
737116 a screen shot of a direct message Twitter
7372
7373
737417 conversation between you and Jared Day. See what
7375
7376
737718 I'm referring to?
7378
7379
738019 A. Yes.
7381
7382
738320 (Defendant's Exhibit 21 marked)
7384
7385
738621 BY MR. DAVIS:
7387
7388
738922 Q. I'm going to show you what's been marked
7390
7391
739223 as Exhibit 21. Can you tell me if that is part of
7393
7394
739524 the same conversation message with Mr. Day.
7396
7397
739825 A. It appears to be, but I don't recall this
7399
740096
7401
7402
7403
7404
74051 screen shot being part of it, so . . .
7406
7407
74082 Q. The screen shot you're referring to shows
7409
7410
74113 that John LaRosa made a contribution to Buzz
7412
7413
74144 Strategies, correct?
7415
7416
74175 A. No.
7418
7419
74206 Q. That's not what that screen shot shows?
7421
7422
74237 A. No.
7424
7425
74268 Q. What do you think that screen shot shows?
7427
7428
74299 A. That is a test donation through the
7430
7431
743210 tracking link for the campaign for J.D. Winteregg.
7433
7434
743511 Q. So 4 Tier Strategies did not actually
7436
7437
743812 donate money to J.D. Winteregg or for J.D.
7439
7440
744113 Winteregg for Buzz Strategies, they simply tested
7442
7443
744414 the link to make contributions --
7445
744615 A. It's a test donation, yes. That's my
7447
7448
744916 understanding of what that was, and I remember
7450
7451
745217 doing that with John, doing the test.
7453
7454
745518 Q. Do you have any documents that would
7456
7457
745819 substantiate what you've just testified to?
7459
7460
746120 A. I may have an email, I'm not sure. I
7462
7463
746421 don't remember seeing one, but I would -- I'll
7465
7466
746722 look.
7468
7469
747023 Q. Does Buzz Strategies have records of
7471
7472
747324 funds that were contributed?
7474
7475
747625 A. No, that would have been tracked
7477
747897
7479
7480
7481
7482
74831 through --
7484
7485
74862 Q. 4 Tier.
7487
7488
74893 A. (Nods head affirmatively.)
7490
7491
74924 Q. Did BB&T set up the accounts that 4 Tier
7493
7494
74955 was utilizing, or do you know?
7496
7497
74986 A. Not the --
7499
7500
75017 Q. I don't know is a perfectly acceptable
7502
7503
75048 answer.
7505
7506
75079 A. Not to my knowledge or with my
7508
7509
751010 involvement was -- or to my knowledge at the time
7511
7512
751311 was BB&T involved in any way. Are they the bank
7514
7515
751612 that John LaRosa uses? I have no clue.
7517
7518
751913 Q. Okay. I'm going to show you what will be
7520
7521
752214 marked as Exhibit 22.
7523
752415 (Defendant's Exhibit 22 marked)
7525
7526
752716 BY MR. DAVIS:
7528
7529
753017 Q. Exhibit 22 is part of a Twitter archive
7531
7532
753318 that ends in 3YvhK. Is that the same Twitter
7534
7535
753619 archive you were referring to in your
7537
7538
753920 interrogatory responses labeled Exhibit 13? And
7540
7541
754221 I'm looking at page 7.
7543
7544
754522 A. Yes.
7546
7547
754823 Q. Exhibit 22 has a date of April 4th, 2016.
7549
7550
755124 Do you understand that to be the date this post
7552
7553
755425 was put on line?
7555
755698
7557
7558
7559
7560
75611 A. I would assume. I would have no way of
7562
7563
75642 knowing if that was the first time it was posted.
7565
7566
75673 Q. But just so we're clear, you're the one
7568
7569
75704 that created this archive, correct?
7571
7572
75735 A. I would -- I don't know that for sure
7574
7575
75766 either.
7577
7578
75797 Q. Explain to the layperson what the
7580
7581
75828 function of this archiving is. Is it to preserve
7583
7584
75859 web content?
7586
7587
758810 A. Yes.
7589
7590
759111 Q. Okay. So if this is a -- Exhibit 22 is
7592
7593
759412 an accurate archive of this article or blog post
7595
7596
759713 or whatever it is, presumably it bears the date
7598
7599
760014 that would have been on the webpage when it was
7601
760215 first put on the internet, correct?
7603
7604
760516 A. You said first put on the internet.
7606
7607
760817 That's -- that's not confirmed by the date that it
7609
7610
761118 was posted. This could have been a second post or
7612
7613
761419 a third post.
7615
7616
761720 Q. But presumably this was posted at least
7618
7619
762021 on April 4th, 2016, correct?
7621
7622
762322 A. This specific instance of it, yes.
7624
7625
762623 Q. I understand what you're saying.
7627
7628
762924 I want to show you what we'll mark as
7630
7631
763225 Exhibit 23.
7633
763499
7635
7636
7637
7638
76391 (Defendant's Exhibit 23 marked)
7640
7641
76422 BY MR DAVIS:
7643
7644
76453 Q. Exhibit 23 is a Twitter archive ending in
7646
7647
76484 zh5JE. Is that the same archive that you're
7649
7650
76515 referring to on page 8 of Exhibit 13?
7652
7653
76546 A. Yes, it appears to be.
7655
7656
76577 Q. In the upper right-hand corner there's an
7658
7659
76608 April 8th, 2016 date. Do you see that?
7661
7662
76639 A. Yes.
7664
7665
766610 Q. Do you understand that to be the date
7667
7668
766911 when these Tweets were archived?
7670
7671
767212 A. That is the date the archive was printed,
7673
7674
767513 yes. That's a UTC date and time.
7676
7677
767814 Q. What does that mean?
7679
768015 A. It -- I forget what it stands for. But
7681
7682
768316 it's a -- I believe it's the date and time of
7684
7685
768617 the -- I'm drawing a blank on this too, the
7687
7688
768918 international -- when you cross over from
7690
7691
769219 yesterday to today. It's like Australia.
7693
7694
769520 Q. International dateline?
7696
7697
769821 A. Yes, thank you.
7699
7700
770122 Q. What does that have to do with UTC?
7702
7703
770423 A. I don't know. I mean, I can look it up.
7705
7706
770724 The UTC time is a standard set time and date
7708
7709
771025 somewhere. It's not the time and date on your
7711
7712100
7713
7714
7715
7716
77171 computer, it's not the, you know, Eastern time,
7718
7719
77202 it's some international time designation that I
7721
7722
77233 forget what it stands for.
7724
7725
77264 Q. I understand. If this archive of Tweets
7727
7728
77295 was created on April 8th, 2016 would you agree
7730
7731
77326 that all the Tweets that have been archived have
7733
7734
77357 to be on April 8th, 2016 or before?
7736
7737
77388 A. Yes, yeah, that's correct.
7739
7740
77419 Q. I'm going to show you what we've marked
7742
7743
774410 as Exhibit 24.
7745
7746
774711 (Defendant's Exhibit 24 marked)
7748
7749
775012 BY MR DAVIS:
7751
7752
775313 Q. Which for the record is an archive of
7754
7755
775614 Tweets ending in afx67. And is Exhibit 24 the
7757
775815 same internet archive you're referring to on page
7759
7760
776116 8 of Exhibit 13?
7762
7763
776417 A. It appears to be.
7765
7766
776718 Q. And it appears that Exhibit 24 was also
7768
7769
777019 archived April 8th, 2016, correct?
7771
7772
777320 A. Yes.
7774
7775
777621 Q. I'm going to show you what is marked
7777
7778
777922 Exhibit 25, which for the record is an archive of
7780
7781
778223 Tweets ending in nrSzB.
7783
7784
778524 (Defendant's Exhibit 25 marked)
7786
7787
778825 BY MR DAVIS:
7789
7790101
7791
7792
7793
7794
77951 Q. And is Exhibit 25 the same as the archive
7796
7797
77982 of Tweets you refer to on page 9 of Exhibit 13?
7799
7800
78013 A. It appears to be, yes.
7802
7803
78044 Q. Page 19, towards the bottom has a Tweet
7805
7806
78075 from someone named Diane B. You know who Diane B
7808
7809
78106 is, don't you?
7811
7812
78137 A. Yes.
7814
7815
78168 Q. Who is that person?
7817
7818
78199 A. Diane Beijer.
7820
7821
782210 Q. And Ms. Beijer sent out a Tweet on April
7823
7824
782511 6th, 2016 that says, quote, It must piss you off
7826
7827
782812 you're 0-3 so far with various PD's across the
7829
7830
783113 country including your own.
7832
7833
783414 Do you see that?
7835
783615 A. Yes.
7837
7838
783916 Q. Did you have communications with Diane
7840
7841
784217 Beijer about the complaints you had made to the
7843
7844
784518 Garner, North Carolina Police Department?
7846
7847
784819 A. Possibly at some point. Not in detail.
7849
7850
785120 I mean, possibly I did.
7852
7853
785421 Q. Do you recall whether you did or did not?
7855
7856
785722 A. I don't recall a specific conversation
7858
7859
786023 with her, no.
7861
7862
786324 Q. What about generally? Do you recall
7864
7865
786625 generally having conversations with Ms. Beijer
7867
7868102
7869
7870
7871
7872
78731 about the criminal complaint you had filed in
7874
7875
78762 Garner, North Carolina?
7877
7878
78793 A. No. I don't generally have -- no, but
7880
7881
78824 I'm not going to say that I didn't, because I
7883
7884
78855 probably did. But I don't recall anything
7886
7887
78886 specific, or really in general.
7889
7890
78917 Q. Exhibit 25 at the upper right-hand corner
7892
7893
78948 of the first page has an archiving date of April
7895
7896
78979 10th, 2016; is that correct?
7898
7899
790010 A. Uh-huh.
7901
7902
790311 Q. Yes?
7904
7905
790612 MR. LOTT: Yes.
7907
7908
790913 A. Yes, yes, sorry.
7910
7911
791214 BY MR DAVIS:
7913
791415 Q. No problem.
7915
7916
791716 (Defendant's Exhibit 26 marked)
7918
7919
792017 BY MR. DAVIS:
7921
7922
792318 Q. I'm going to show you a document marked
7924
7925
792619 Exhibit 26, which for the record is a Twitter
7927
7928
792920 archive ending in fD9QA. And is Exhibit 26 the
7930
7931
793221 same Twitter archive you referred to on page 10 of
7933
7934
793522 your interrogatory responses?
7936
7937
793823 A. It appears to be, yes.
7939
7940
794124 Q. On page 4 there's a Tweet towards the
7942
7943
794425 bottom from somebody named JD. It says, Hey All!
7945
7946103
7947
7948
7949
7950
79511 My stalker, #KathyScott, just won't leave me
7952
7953
79542 alone! Do you see that?
7955
7956
79573 A. Uh-huh.
7958
7959
79604 Q. And you see that he's Tweeted
7961
7962
79635 @GarnerPolice.
7964
7965
79666 A. Yes.
7967
7968
79697 Q. Do you know who JD is?
7970
7971
79728 A. Yes.
7973
7974
79759 Q. Who is he?
7976
7977
797810 A. One of the hosts on K98 Talk, former.
7979
7980
798111 Q. What's his name? I'm sorry, maybe you
7982
7983
798412 said that.
7985
7986
798713 A. What's his real name?
7988
7989
799014 Q. Yeah. Is JD just his initials, and he
7991
799215 goes by JD?
7993
7994
799516 A. Well, it's in the filings. It's Jason
7996
7997
799817 Dombrowski.
7999
8000
800118 Q. Okay.
8002
8003
800419 A. It's in the court documents over and
8005
8006
800720 over.
8008
8009
801021 Q. Do you know how it is that Mr. Dombrowski
8011
8012
801322 knew that the Garner, North Carolina police were
8014
8015
801623 investigating Ms. Scott?
8017
8018
801924 A. The Garner, North Carolina weren't --
8020
8021
802225 Garner was not investigating Ms. Scott. So JD did
8023
8024104
8025
8026
8027
8028
80291 not believe that they were.
8030
8031
80322 Q. Do you know why it is that JD
8033
8034
80353 put@GarnerPolice on this Tweet he's sent out to
8036
8037
80384 the world about Ms. Scott?
8039
8040
80415 A. I assume -- I mean, I didn't have any
8042
8043
80446 direct conversations with JD, but someone may have
8045
8046
80477 told them that I called the police. Someone may
8048
8049
80508 have told them that the police came to my house
8051
8052
80539 because Ms. Scott called them. I don't -- on this
8054
8055
805610 date I believe it could have been either one.
8057
8058
805911 Q. So just so I'm clear, is it your
8060
8061
806212 testimony that you never talked to Mr. Dombrowski
8063
8064
806513 about Ms. Scott?
8066
8067
806814 A. Oh, no, that's not my testimony at all.
8069
807015 Q. So you did talk to Mr. Dombrowski about
8071
8072
807316 Ms. Scott.
8074
8075
807617 A. Oh, I certainly have talked to
8077
8078
807918 Mr. Dombrowski about Ms. Scott.
8080
8081
808219 Q. What were the substance of those
8083
8084
808520 conversations?
8086
8087
808821 A. General -- the same thing that everyone
8089
8090
809122 else says to me, Why is she saying that about you?
8092
8093
809423 Why won't this woman leave you alone? Those kind
8095
8096
809724 of conversations.
8098
8099
810025 Q. And did you ever mention to
8101
8102105
8103
8104
8105
8106
81071 Mr. Dombrowski during these conversations that you
8108
8109
81102 had had some interactions with the Garner, North
8111
8112
81133 Carolina police involving Ms. Scott?
8114
8115
81164 A. I don't recall mentioning that to him
8117
8118
81195 directly, and I don't know that I did. I can't
8120
8121
81226 tell you for sure that I didn't.
8123
8124
81257 Q. In Exhibit 26 can you identify which
8126
8127
81288 statements in this document cost you money? So I
8129
8130
81319 understand you've alleged certain statements were
8132
8133
813410 false. But can you identify which statements you
8135
8136
813711 think are false cost you money.
8138
8139
814012 A. Doing that inside this document is out of
8141
8142
814313 context, or inside this blog would be out of
8144
8145
814614 context, because she would Tweet at this blog and
8147
814815 would tag clients or people that I worked with or
8149
8150
815116 that kind of thing, and that's how -- that's when
8152
8153
815417 it becomes a problem, and that's where I believe
8155
8156
815718 I've contested that it may have cost me money.
8158
8159
816019 I don't know for sure that that was done
8161
8162
816320 in this particular case, so --
8164
8165
816621 Q. Listen carefully to my question,
8167
8168
816922 Ms. Esposito. The statements in Exhibit 26, can
8170
8171
817223 you identify any that cost you money.
8173
8174
817524 A. She repeats the claim that I was fired.
8176
8177
817825 Q. And how did that cost you money?
8179
8180106
8181
8182
8183
8184
81851 A. Would you hire someone that you read this
8186
8187
81882 about?
8189
8190
81913 Q. So did you apply for a job and were not
8192
8193
81944 hired because Ms. Scott published to the world the
8195
8196
81975 fact that you'd been fired from Red Nation Rising?
8198
8199
82006 A. No, no.
8201
8202
82037 Q. Do you understand what the thrust of my
8204
8205
82068 questions are here?
8207
8208
82099 A. Yes.
8210
8211
821210 Q. So please identify statements in here
8213
8214
821511 that you contend actually damaged you financially,
8216
8217
821812 please.
8219
8220
822113 A. See, and that's a different question.
8222
8223
822414 Q. Well, I used financial damage as opposed
8225
822615 to cost you money. I understand them to be
8227
8228
822916 synonyms.
8230
8231
823217 A. So in the context of this blog alone
8233
8234
823518 where she is not contacting anyone directly, it's
8236
8237
823819 not possible to do, so I'll just say no, I can't
8239
8240
824120 identify.
8242
8243
824421 Q. I'm going to show you what we'll mark as
8245
8246
824722 Exhibit 27.
8248
8249
825023 (Defendant's Exhibit 27 marked)
8251
8252
825324 BY MR DAVIS:
8254
8255
825625 Q. Which for the record is an archive of
8257
8258107
8259
8260
8261
8262
82631 Tweets ending in yuKz7. And Exhibit 27 the
8264
8265
82662 archive of Tweets that you were referring to on
8267
8268
82693 page 11 of your interrogatory responses?
8270
8271
82724 A. It appears to be, yes.
8273
8274
82755 Q. Okay. Now, in your interrogatory
8276
8277
82786 responses you say that in this particular Tweet
8279
8280
82817 archive Ms. Scott alleged you were a Nazi. See
8282
8283
82848 that in your interrogatory responses?
8285
8286
82879 A. Yeah.
8288
8289
829010 Q. Can you identify in Exhibit 27 the Tweet
8291
8292
829311 or Tweets you're referring to.
8294
8295
829612 A. There's 45 pages here.
8297
8298
829913 Q. This is the manner in which you provided
8300
8301
830214 us the Tweets, so all I can do is give you what
8303
830415 you gave me.
8305
8306
830716 A. It's on page 23.
8308
8309
831017 Q. Uh-huh.
8311
8312
831318 A. She's sending a message to an account
8314
8315
831619 called CrowReturns1.
8317
8318
831920 Q. Right.
8320
8321
832221 A. Who is part of the Anonymous operation,
8323
8324
832522 Op KKK and Op Nazi Down. And this was the last
8326
8327
832823 Tweet, and the Tweets were prolific enough at this
8329
8330
833124 point that it's difficult to -- and this is before
8332
8333
833425 I learned to archive a thread -- so it's difficult
8335
8336108
8337
8338
8339
8340
83411 to capture the conversation. I believe that there
8342
8343
83442 are several Tweets that had been deleted by the
8345
8346
83473 time this archive was run. It may be necessary to
8348
8349
83504 pull additional archives and supplement the
8351
8352
83535 discovery on this one.
8354
8355
83566 Q. So I'm clear, you can't identify anywhere
8357
8358
83597 in Exhibit 27 where Ms. Scott alleges you're a
8360
8361
83628 Nazi.
8363
8364
83659 A. I know that this is the Tweet that is
8366
8367
836810 referencing that, but for this particular case it
8369
8370
837111 may be necessary to supplement the discovery on
8372
8373
837412 this, because it's difficult to see that happening
8375
8376
837713 just from her timeline.
8378
8379
838014 Q. Here's my question: In Exhibit 27 you
8381
838215 cannot identify a Tweet in which Ms. Scott alleges
8383
8384
838516 you're a Nazi.
8386
8387
838817 A. Yes. This is the Tweet where she's -- on
8389
8390
839118 page 23.
8392
8393
839419 Q. Page 23 she sends a Tweet to somebody
8395
8396
839720 named @CrowReturns1, right?
8398
8399
840021 A. Uh-huh. I'll send in her name.
8401
8402
840322 Q. Right. And you allege that @CrowReturns1
8404
8405
840623 is affiliated with Anonymous, correct?
8407
8408
840924 A. She is.
8410
8411
841225 Q. How is it you think you know that?
8413
8414109
8415
8416
8417
8418
84191 A. She's very vocal about it.
8420
8421
84222 Q. So you've seen Tweets from @CrowReturns1
8423
8424
84253 saying I'm a member of Anonymous?
8426
8427
84284 A. Yes.
8429
8430
84315 Q. What does that have to do with you being
8432
8433
84346 a Nazi?
8435
8436
84377 A. She's sending my name in to Op Nazi Down,
8438
8439
84408 which was Crow's operation that she was working
8441
8442
84439 on.
8444
8445
844610 Q. And nothing in Exhibit 27 says anything
8447
8448
844911 about Op KKK or Op Nazi, correct?
8450
8451
845212 A. Nope.
8453
8454
845513 Q. And do you think you have some Tweets
8456
8457
845814 that use those terms?
8459
846015 A. Yes, I do.
8461
8462
846316 Q. Okay. And why is it you think sending
8464
8465
846617 your name or Tweet about you to Op Nazi is the
8467
8468
846918 same thing as calling you a Nazi?
8470
8471
847219 A. Because in April of 2017, March and April
8473
8474
847520 of 2017, the reason that I filed this particular
8476
8477
847821 suit was because Crow and her friend began kind of
8479
8480
848122 a rampaging harassment campaign at the behest of
8482
8483
848423 Ms. Scott calling me a Nazi.
8485
8486
848724 Q. Okay. So Ms. Scott didn't call you a
8488
8489
849025 Nazi, but @CrowReturns1 called you a Nazi and you
8491
8492110
8493
8494
8495
8496
84971 think that means Ms. Scott called you a Nazi?
8498
8499
85002 A. That's not what I'm saying.
8501
8502
85033 Q. Okay. I'm just trying to be clear.
8504
8505
85064 Because, you know, we asked you in these
8507
8508
85095 interrogatories, tell us how Ms. Scott defamed
8510
8511
85126 you, and one of the things you said is Ms. Scott
8513
8514
85157 falsely alleged that you're a Nazi.
8516
8517
85188 A. I understand that you're telling me now
8519
8520
85219 that the exhibit that I provided you for this
8522
8523
852410 statement doesn't clearly show that.
8525
8526
852711 Q. Okay. So you think there's a different
8528
8529
853012 exhibit that may show --
8531
8532
853313 A. I do believe that there is, yes.
8534
8535
853614 Q. I want to ask you about page 21 in
8537
853815 Exhibit 27.
8539
8540
854116 A. Okay.
8542
8543
854417 Q. Towards the bottom there's a Tweet that
8545
8546
854718 says, quote, dozens of people and @Twitter has
8548
8549
855019 received hundreds of reports from all of us over a
8551
8552
855320 6 month period, period, close quote. Do you see
8554
8555
855621 that?
8557
8558
855922 A. Uh-huh.
8560
8561
856223 Q. And did you send that Tweet?
8563
8564
856524 A. Yes.
8566
8567
856825 Q. And who were the us you're referring to
8569
8570111
8571
8572
8573
8574
85751 there?
8576
8577
85782 A. I don't recall. I don't even know what
8579
8580
85813 the account is that I'm referring to.
8582
8583
85844 Q. Really?
8585
8586
85875 A. No, I --
8588
8589
85906 MR. LOTT: Object to the form of the
8591
8592
85937 question, but you can answer it if you have a
8594
8595
85968 response.
8597
8598
85999 BY MR DAVIS:
8600
8601
860210 Q. I mean, you provided us an archive of 45
8603
8604
860511 pages of Tweets with Ms. Scott, but when I showed
8606
8607
860812 you one Tweet you don't know what account you're
8609
8610
861113 talking about?
8612
8613
861414 A. You're showing me a screen shot of where
8615
861615 I Tweeted something about -- no, I don't know who
8617
8618
861916 the us is. I don't know the content -- I don't
8620
8621
862217 know what I'm referring to at all on April 11th,
8623
8624
862518 2016. I mean, if you can --
8626
8627
862819 Q. Well, besides -- let me ask you this:
8629
8630
863120 Besides Ms. Scott, who do you think you would have
8632
8633
863421 been Tweeting about that @Twitter and dozens of
8635
8636
863722 people had received hundreds of reports about?
8638
8639
864023 Are there other people you're in Twitter feuds
8641
8642
864324 with back in April of 2016?
8644
8645
864625 A. I don't have Twitter feuds, but I do
8647
8648112
8649
8650
8651
8652
86531 report other accounts. If I remember correctly --
8654
8655
86562 no, that might have been -- that was after. It's
8657
8658
86593 likely that I could have been talking about
8660
8661
86624 Ms. Scott, if that's what you're asking me. I
8663
8664
86655 could. And if it's the us that I'm talking about,
8666
8667
86686 if that's the us that you're asking me about, it's
8669
8670
86717 a long list of people.
8672
8673
86748 Q. Right.
8675
8676
86779 A. I would refer you to the archives.
8678
8679
868010 Q. No, who's the list? Who's us?
8681
8682
868311 A. The lawyer Mark Bennett from Texas.
8684
8685
868612 Q. Okay. Who else?
8687
8688
868913 A. The people that she's asking me about
8690
8691
869214 that I don't even know.
8693
869415 Q. All I'm asking you to do is to clarify
8695
8696
869716 who us was in this Tweet you sent. You've
8698
8699
870017 identified Mark Bennett. Who else?
8701
8702
870318 A. Other -- the people that you don't
8704
8705
870619 already know, the people that aren't listed, or do
8707
8708
870920 I have to actually go through your filings and
8710
8711
871221 name all of the people that you've already named
8713
8714
871522 in your filings?
8716
8717
871823 Q. Here's my question. Please give me the
8719
8720
872124 list of people you are referring to in the Tweets
8722
8723
872425 when you said "us."
8725
8726113
8727
8728
8729
8730
87311 A. I don't remember them all.
8732
8733
87342 Q. Well, Stacey Lennox was one, right?
8735
8736
87373 A. Sure, Stacey Lennox is one. Jason
8738
8739
87404 Dombrowski is one. Diane Beijer would certainly
8741
8742
87435 be one, considering she keeps posting a letter
8744
8745
87466 of -- to Prospect Mountain High.
8747
8748
87497 Q. And how is it you know about Ms. Scott's
8750
8751
87528 Twitter activity as it relates to Diane Beijer?
8753
8754
87559 A. I see it.
8756
8757
875810 Q. Is it directed at you, the Twitter
8759
8760
876111 activity?
8762
8763
876412 A. No.
8765
8766
876713 Q. How is it that you see it, then? You go
8768
8769
877014 hunt it down or Ms. Beijer provides it to you?
8771
877215 A. I have to archive her defamation of me,
8773
8774
877516 so I see what she -- did you see -- if you look
8776
8777
877817 through this archive -- I'm trying not to ask you
8779
8780
878118 a question -- if you look through these
8782
8783
878419 archives -- or actually it's a better way for me
8785
8786
878720 to do it. If you look through these archives that
8788
8789
879021 I provided as evidence of defamation of me, you
8791
8792
879322 will see all these other people. That's how I see
8794
8795
879623 that Twitter activity.
8797
8798
879924 So let's just use this first.
8800
8801
880225 Q. No, that answers my question.
8803
8804114
8805
8806
8807
8808
88091 MR. LOTT: She's entitled to finish it.
8810
8811
88122 THE WITNESS: I am.
8813
8814
88153 A. I'm going to name the people in her
8816
8817
88184 archive that I imagine probably reported her
8819
8820
88215 because of the things that she said in here.
8822
8823
88246 Teresa Cramer -- these are people that I can
8825
8826
88277 actually put a name to -- here's some guy named
8828
8829
88308 Joe that I don't know, but I imagine that he
8831
8832
88339 reported her. Grok, who she thinks is Tracy
8834
8835
883610 Glass, but she's wrong.
8837
8838
883911 Q. Who is it, then?
8840
8841
884212 A. I don't know.
8843
8844
884513 Q. You just know it's not Tracy Glass.
8846
8847
884814 A. I know -- I know he's male.
8849
885015 Q. How do you know that?
8851
8852
885316 A. Because he uses a picture of himself. He
8854
8855
885617 has a sworn affidavit from a lawyer that that is
8857
8858
885918 him in the picture. Mark Bennett, you might know,
8860
8861
886219 or might have heard of, because he's argued things
8863
8864
886520 before the Georgia Supreme Court, I understand.
8866
8867
886821 This is all Teresa Cramer. GrandTweets, I don't
8869
8870
887122 know her real name either, but she's another one
8872
8873
887423 of us, I suppose.
8875
8876
887724 Q. Just so I'm clear, when you use the word
8878
8879
888025 us on page 21 you're referring to all the people
8881
8882115
8883
8884
8885
8886
88871 you're listing now, including --
8888
8889
88902 A. All of the people who I've seen openly
8891
8892
88933 arguing or -- I'm trying not to use the word
8894
8895
88964 attacked, because that's a very negative and
8897
8898
88995 accusatory term, and I'm trying not to use it.
8900
8901
89026 But in altercations with your client that
8903
8904
89057 I'm certain or fairly certain would have reported
8906
8907
89088 her, because of those altercations.
8909
8910
89119 Q. All right. So when you're reading
8912
8913
891410 through Exhibit 27, do you have personal knowledge
8915
8916
891711 that anybody actually reported the Twitter, or
8918
8919
892012 you're just guessing?
8921
8922
892313 A. I'll let you know if I'm guessing.
8924
8925
892614 Q. Well, you don't know if Joe actually sent
8927
892815 a complaint to Twitter, do you? You just saw his
8929
8930
893116 name in 27.
8932
8933
893417 A. No, I don't know about Joe.
8935
8936
893718 Q. And the same for Grok, correct?
8938
8939
894019 A. I'm pretty sure I've seen Grok say openly
8941
8942
894320 that he's reported the account, yes.
8944
8945
894621 Q. And you know Stacey Lennox filed
8947
8948
894922 complaints with Twitter because you're her
8950
8951
895223 business partner and you've communicated
8953
8954
895524 extensively with her about Ms. Scott.
8956
8957
895825 A. See, neither Stacey nor I take time out
8959
8960116
8961
8962
8963
8964
89651 of our day to really report accounts that often.
8966
8967
89682 I don't think -- I don't know that Stacey ever
8969
8970
89713 reports accounts.
8972
8973
89744 Sam Janney reports accounts a lot, and
8975
8976
89775 she would be one of them.
8978
8979
89806 Q. All right. Anyone else you want to
8981
8982
89837 identify as falling under us?
8984
8985
89868 A. This AlexiBlue, I also don't know her
8987
8988
89899 real identity. I'm pretty certain that she's
8990
8991
899210 reported.
8993
8994
899511 Q. Why is that?
8996
8997
899812 A. Because I've seen her say it. I believe
8999
9000
900113 she actually posted at one time where she got an
9002
9003
900414 email back from Twitter saying that they were
9005
900615 taking action on one of them.
9007
9008
900916 And, I mean, obviously Diane Beijer would
9010
9011
901217 be included in that. I never recall Diane
9013
9014
901518 actually saying, I reported her. But I could have
9016
9017
901819 been talking about Ms. Scott, I could have been
9019
9020
902120 talking about Mark Cale, I could have been talking
9022
9023
902421 about Angie -- well, no, I wouldn't have been
9025
9026
902722 talking about Angie. She doesn't advertise. I
9028
9029
903023 could have been talking about Rushvie [phonetic].
9031
9032
903324 As a matter of fact, I Tweeted those
9034
9035
903625 exact same things about an individual that was a
9037
9038117
9039
9040
9041
9042
90431 rape advocate, who actually advocates that rape is
9044
9045
90462 natural. I Tweeted the exact same things about
9047
9048
90493 him and so did dozens of us, and we made hundreds
9050
9051
90524 of reports and he was an advertiser, and we were
9053
9054
90555 all very angry openly on timeline in public, not
9056
9057
90586 in private, that he wouldn't come down. So that
9059
9060
90617 could have been about her or it could have been
9062
9063
90648 about him.
9065
9066
90679 Q. You've alleged that Mark Cale also
9068
9069
907010 defamed you on line, correct?
9071
9072
907311 A. Yes.
9074
9075
907612 Q. What did Mark Cale say about you?
9077
9078
907913 A. Mark is very creative. I'm trying to
9080
9081
908214 think of something that's not too -- I don't mind
9083
908415 repeating in public.
9085
9086
908716 Mark said that I DDoS websites.
9088
9089
909017 Q. What else did Mark say?
9091
9092
909318 A. I'm under investigation by the FBI.
9094
9095
909619 Q. What else did Mark say?
9097
9098
909920 A. I'm going to jail.
9100
9101
910221 Q. What else did Mark say?
9103
9104
910522 A. That's all I can remember off the top of
9106
9107
910823 my head.
9109
9110
911124 Q. What was the timeframe in which Mr. Cale
9112
9113
911425 made these false allegations on line?
9115
9116118
9117
9118
9119
9120
91211 A. October to present. October 2015 to
9122
9123
91242 present.
9125
9126
91273 Q. And how is it that you can differentiate
9128
9129
91304 defamation for Ms. Scott as opposed to defamation
9131
9132
91335 for Mr. Cale when identifying lost business
9134
9135
91366 opportunities?
9137
9138
91397 A. I don't differentiate.
9140
9141
91428 Q. I'm going to show you what's -- well, let
9143
9144
91459 me ask you this: Assuming Ms. Scott actually
9146
9147
914810 called you a Nazi, even though we don't have a
9149
9150
915111 Tweet in front of us that says that, can you
9152
9153
915412 identify any financial harm that you suffered as a
9155
9156
915713 result?
9158
9159
916014 A. Nope.
9161
916215 Q. I'm going to show you what we've marked
9163
9164
916516 as Exhibit 28, which for the record is a Twitter
9166
9167
916817 archive ending in uGeOT.
9169
9170
917118 (Defendant's Exhibit 28 marked)
9172
9173
917419 BY MR. DAVIS:
9175
9176
917720 Q. And is Exhibit 28 a copy of the Twitter
9178
9179
918021 archive you were referring to on page 11 of your
9181
9182
918322 interrogatory responses?
9184
9185
918623 A. Yes, it seems to be.
9187
9188
918924 Q. And in the upper right-hand corner it
9190
9191
919225 would appear that Exhibit 28 was archived on April
9193
9194119
9195
9196
9197
9198
91991 8th, 2016, correct?
9200
9201
92022 A. Yes.
9203
9204
92053 Q. So all the Tweets in this archive would
9206
9207
92084 have been on or prior to April 8th, 2016, correct?
9209
9210
92115 A. Yes.
9212
9213
92146 Q. On page 2 of Exhibit 28 there's some
9215
9216
92177 references to the BB&T incident, do you see that?
9218
9219
92208 A. Yes.
9221
9222
92239 Q. Can you identify any financial harm or
9224
9225
922610 monetary loss you suffered as a result of these
9227
9228
922911 Tweets?
9230
9231
923212 A. Not specifically, no.
9233
9234
923513 Q. Can you identify any financial harm or
9236
9237
923814 monetary loss you suffered as a result of any of
9239
924015 the Tweets in Exhibit 28?
9241
9242
924316 A. Yes, there is a Tweet to J.D. Winteregg
9244
9245
924617 in this archive.
9247
9248
924918 Q. On page 14, I believe?
9250
9251
925219 A. Lu Esposito confirms that she is the
9253
9254
925520 person on the DMs exposing her to federal FEC
9256
9257
925821 investigation @jdwinteregg is tagged. That's a
9259
9260
926122 direct message to him.
9262
9263
926423 Q. Well --
9265
9266
926724 A. It's directed to him.
9268
9269
927025 Q. Page 14 of this exhibit is a Tweet from
9271
9272120
9273
9274
9275
9276
92771 Ms. Scott to @jdwinteregg that references your
9278
9279
92802 name and an SEC investigation, correct? It's not
9281
9282
92833 a direct message, just refers to direct messages.
9284
9285
92864 A. It's directed to him.
9287
9288
92895 Q. Right, it's a Tweet sent to
9290
9291
92926 Mr. Winteregg.
9293
9294
92957 A. Yes.
9296
9297
92988 Q. Okay. And it's your allegation that this
9299
9300
93019 Tweet caused the termination of Buzz Strategies's
9302
9303
930410 funding relationship with 4 Tier Strategy?
9305
9306
930711 A. No. It didn't cause -- it did not cause
9308
9309
931012 the termination. However, this is part of, you
9311
9312
931313 know, a continuing we still can't pick up where we
9314
9315
931614 left off. So this is the continued stoppage,
9317
931815 the -- as long as she did this, we could not do
9319
9320
932116 anything. We couldn't get involved with 4 Tier,
9322
9323
932417 we couldn't raise money for any candidate.
9325
9326
932718 Q. Why were you unable to raise money for
9328
9329
933019 any candidate as a result of this Tweet?
9331
9332
933320 A. Because we would end up on an SEC filing,
9334
9335
933621 she would find us, and she would just tag them.
9337
9338
933922 She was still tagging J.D. -- Jesus, was the
9340
9341
934223 primary over at this point? I mean, it's five
9343
9344
934524 months later and she's still tagging J.D.
9346
9347
934825 Q. Here's what I'm trying to get at.
9349
9350121
9351
9352
9353
9354
93551 Ms. Scott sent this Tweet in April 2016, it would
9356
9357
93582 appear.
9359
9360
93613 A. Yes.
9362
9363
93644 Q. And at that point you had already
9365
9366
93675 terminated your relationship with 4 Tier Strategy,
9368
9369
93706 correct?
9371
9372
93737 A. Yes.
9374
9375
93768 Q. So my original question was: Can you
9377
9378
93799 identify any Tweets in Exhibit 28 that cost you
9380
9381
938210 money. And it would appear this Tweet had nothing
9383
9384
938511 to do with the termination of your relationship
9386
9387
938812 with 4 Tier Strategy.
9389
9390
939113 A. I understand --
9392
9393
939414 MR. LOTT: Object to the form, but you
9395
939615 can answer.
9397
9398
939916 THE WITNESS: I wasn't going to answer.
9400
9401
940217 MR. LOTT: If you have an answer, you
9403
9404
940518 can --
9406
9407
940819 THE WITNESS: No, no answer.
9409
9410
941120 BY MR. DAVIS:
9412
9413
941421 Q. So I'm clear, can you identify any Tweets
9415
9416
941722 in Exhibit 28 that financially damaged you or cost
9418
9419
942023 you money?
9421
9422
942324 A. Lu Esposito confirms that she is the
9424
9425
942625 person on the DMs exposing her to federal SEC
9427
9428122
9429
9430
9431
9432
94331 investigations @jdwinteregg.
9434
9435
94362 Q. And now I want to make sure I understand
9437
9438
94393 is how it cost you money. It didn't cost Buzz
9440
9441
94424 Strategies any money as it related to
9443
9444
94455 J.D. Winteregg, because that fundraising campaign
9446
9447
94486 had already ended, correct?
9449
9450
94517 A. Uh-huh.
9452
9453
94548 Q. Yes?
9455
9456
94579 A. Yes.
9458
9459
946010 Q. But your contention is that this
9461
9462
946311 particular Tweet cost Buzz Strategies money as it
9464
9465
946612 relates to other candidates because Buzz
9467
9468
946913 Strategies decided not to go out and engage in
9470
9471
947214 fundraising activities for other candidates,
9473
947415 correct?
9475
9476
947716 A. Yes.
9478
9479
948017 (Defendant's Exhibit 29 marked)
9481
9482
948318 BY MR. DAVIS:
9484
9485
948619 Q. Okay. I'm going to show you what we'll
9487
9488
948920 mark as Exhibit 29, which for the record is a
9490
9491
949221 Twitter archive ending in Pj6, it appears to be an
9493
9494
949522 l and a T. And is Exhibit 29 the same Twitter
9496
9497
949823 archive you refer to on page 12 of your
9499
9500
950124 interrogatory responses?
9502
9503
950425 A. Yes, it appears.
9505
9506123
9507
9508
9509
9510
95111 Q. Can you identify any Tweets in Exhibit 29
9512
9513
95142 that cost you money or harmed you financially?
9515
9516
95173 A. Yeah, I think this is where I -- no,
9518
9519
95204 because there are screen shots that were posted on
9521
9522
95235 this archive that are not showing up in this
9524
9525
95266 printout, so I can't -- they can't be identified.
9527
9528
95297 Q. So what content was posted on line that
9530
9531
95328 should appear in this archive that you think cost
9533
9534
95359 you money or harmed you financially?
9536
9537
953810 A. Oh, no finance -- I can't directly
9539
9540
954111 connect them to financial harm.
9542
9543
954412 Q. And what content do you think was deleted
9545
9546
954713 or is missing?
9548
9549
955014 A. The missing Tweets from the other archive
9551
955215 that we were talking about earlier.
9553
9554
955516 Q. Just so I'm clear, what Tweets are those?
9556
9557
955817 The Nazi Tweets?
9559
9560
956118 A. The other parts of the conversation
9562
9563
956419 regarding the Nazi Tweets, yes. There was more of
9565
9566
956720 the conversation there in screen shots, but --
9568
9569
957021 Q. And all I'm trying to do is to make sure
9571
9572
957322 I understand what Tweets you're referring to. So
9574
9575
957623 you think there were Tweets from Ms. Scott calling
9577
9578
957924 you a Nazi, or what?
9580
9581
958225 A. The context of the conversation, yes,
9583
9584124
9585
9586
9587
9588
95891 when she's saying she's going to send in my name.
9590
9591
95922 There's more of that conversation on that
9593
9594
95953 timeline, but it's not showing up here.
9596
9597
95984 Q. Can you identify with any greater
9599
9600
96015 specificity what that conversation was?
9602
9603
96046 A. Not from this. It's not showing up.
9605
9606
96077 Q. What about from your recollection or
9608
9609
96108 other documents?
9611
9612
96139 A. Yes, there's a back and forth with the
9614
9615
961610 representative of Op Nazi Down about what a vile,
9617
9618
961911 vicious creature I was.
9620
9621
962212 Q. Right. So there are conversations or
9623
9624
962513 communications from Ms. Scott to a Twitter account
9626
9627
962814 called autopsy Nazi?
9629
963015 A. I don't remember if that one -- I
9631
9632
963316 remember that one coming into our conversation
9634
9635
963617 several times, but I don't think it was in that
9637
9638
963918 particular conversation. No, not in that
9640
9641
964219 particular conversation. It was a different
9643
9644
964520 account, the Crow Returns account.
9646
9647
964821 Q. So you think there are Tweets from
9649
9650
965122 Ms. Scott to the @CrowReturns1 Twitter account
9652
9653
965423 that referenced Operation Nazi.
9655
9656
965724 A. Yes.
9658
9659
966025 Q. And you think Ms. Scott was calling you a
9661
9662125
9663
9664
9665
9666
96671 Nazi because both your name and #OpNazi appeared
9668
9669
96702 in the same Tweet?
9671
9672
96733 A. It was a little more than that.
9674
9675
96764 Q. Help me understand.
9677
9678
96795 A. As I said before, there was a
9680
9681
96826 conversation back and forth about how I needed to
9683
9684
96857 be reported to Op Nazi Down.
9686
9687
96888 Q. And do you know if you were?
9689
9690
96919 A. I didn't work the op, so no.
9692
9693
969410 Q. That's fine, I'm just asking.
9695
9696
969711 A. No.
9698
9699
970012 Q. I have no idea if you did or not.
9701
9702
970313 A. No. I wasn't involved in that op.
9704
9705
970614 Q. And I think you testified to this
9707
970815 earlier, but to your knowledge @CrowReturns or
9709
9710
971116 other members of Anonymous were not successful
9712
9713
971417 hacking you; is that right?
9715
9716
971718 A. No, I said no member of Anonymous would
9718
9719
972019 do something like that, that I knew of, or that no
9721
9722
972320 one was interested in it, I believe is what I
9724
9725
972621 said.
9727
9728
972922 Q. But you were not hacked, correct?
9730
9731
973223 A. No, as far as I know no one's tried.
9733
9734
973524 Q. To your knowledge the Twitter account
9736
9737
973825 @MattStick [phonetic] is Mark Cale, correct?
9739
9740126
9741
9742
9743
9744
97451 A. Was.
9746
9747
97482 Q. That was.
9749
9750
97513 A. Was, it's not any longer.
9752
9753
97544 Q. I want to ask you about page 18 of
9755
9756
97575 Exhibit 29. Directly above the lovely graphic,
9758
9759
97606 you say, quote -- well, this is a Tweet from you,
9761
9762
97637 quote, Badass has me blocked, ellipses.
9764
9765
97668 That's from you, correct?
9767
9768
97699 A. Uh-huh.
9770
9771
977210 Q. Yes?
9773
9774
977511 A. Yes.
9776
9777
977812 Q. And Badass is Mr. Cale?
9779
9780
978113 A. Yes.
9782
9783
978414 Q. You were being sarcastic, correct?
9785
978615 A. Of course.
9787
9788
978916 Q. Why is it that this particular Tweet
9790
9791
979217 references #OpKKK?
9793
9794
979518 A. Because Mark Cale and Crow were, I guess
9796
9797
979819 from my perspective, teaming up to harass me,
9799
9800
980120 teaming up with Ms. Scott to just be generally
9802
9803
980421 ugly. I don't know that -- you know. That's
9805
9806
980722 pretty much, and Mark Cale is pretty racist, and
9808
9809
981023 Crow was Op KKK.
9811
9812
981324 Q. You know, maybe I'm just an idiot, but
9814
9815
981625 when you say Crow was Op KKK, what does that mean?
9817
9818127
9819
9820
9821
9822
98231 A. All I know is that she -- her account
9824
9825
98262 said -- her account was attached to the operation
9827
9828
98293 Op KKK. Op KKK is an Anonymous thing, and they go
9830
9831
98324 after members of the KKK. That's all I know.
9833
9834
98355 Q. So operation KKK as you understand it is
9836
9837
98386 some campaign where hackers expose members of the
9839
9840
98417 Ku Klux Klan.
9842
9843
98448 A. I don't know that any of them are
9845
9846
98479 hackers. I mean, you know, that -- that's
9848
9849
985010 accusing someone of criminal activity, you know.
9851
9852
985311 I'm not saying that. Many of these people are
9854
9855
985612 just activists. So, you know --
9857
9858
985913 Q. Let me be more precise.
9860
9861
986214 A. I don't know that they do anything
9863
986415 illegal.
9865
9866
986716 Q. How would you find out if somebody was a
9868
9869
987017 member of KKK just by accessing publicly available
9871
9872
987318 information? Do you have any idea?
9874
9875
987619 A. Just from their Facebook page. A lot of
9877
9878
987920 people are proud of it, I guess.
9880
9881
988221 Q. So the operation is to out somebody who's
9883
9884
988522 already outed themselves?
9886
9887
988823 A. Well, yeah. They do that, yeah.
9889
9890
989124 Q. That seems socially redeeming.
9892
9893
989425 A. But I'm not -- you know, they claim the
9895
9896128
9897
9898
9899
9900
99011 op. So Crow says she's Op KKK, I'm not going to
9902
9903
99042 turn around from -- and say that means that she's
9905
9906
99073 a hacker and she does things illegal.
9908
9909
99104 Q. I understand your point about that.
9911
9912
99135 So did Mr. Cale also send you Tweets or
9914
9915
99166 send Tweets linking you to Op KKK and/or Op Nazi?
9917
9918
99197 A. No, not that I know of. Not that I
9920
9921
99228 recall. I could be wrong, but not that I recall.
9923
9924
99259 Q. And the next page, page 19, can you
9926
9927
992810 explain what this Tweet means? The one that says,
9929
9930
993111 Notice an absence of political Tweets, ellipses.
9932
9933
993412 A. Yeah, I was tired of -- there's no
9935
9936
993713 ellipses there.
9938
9939
994014 Q. I'm not quoting the full Tweet. It's
9941
994215 just so the record reflects that I'm not quoting
9943
9944
994516 the full Tweet.
9946
9947
994817 A. Got you.
9949
9950
995118 Q. Is this a Tweet from you saying Anonymous
9952
9953
995419 should go after Mark Cale?
9955
9956
995720 A. No.
9958
9959
996021 Q. So what does the sentence, We need this
9961
9962
996322 guy, now, #Anonymous, close quote, mean?
9964
9965
996623 A. I was tired of politics.
9967
9968
996924 Q. When I'm tired of politics I turn off the
9970
9971
997225 TV. So why did you send this particular Tweet?
9973
9974129
9975
9976
9977
9978
99791 A. It didn't have anything to do with Mark
9980
9981
99822 Cale. This is a drawing that I did. There are
9983
9984
99853 other Tweets on my TL from time to time where I
9986
9987
99884 Tweet things that I draw.
9989
9990
99915 Q. Okay. Why is it that you hashtagged
9992
9993
99946 Anonymous on this Tweet?
9995
9996
99977 A. Because -- because of the mask in the
9998
9999
100008 drawing.
10001
10002
100039 Q. So the mask is supposed to be some symbol
10004
10005
1000610 for Anonymous, correct?
10007
10008
1000911 A. It is, yeah, it is. And anarchy. So
10010
10011
1001212 it's an anarchist Tweet, sorry, it is.
10013
10014
1001513 Q. So your testimony here today is you sent
10016
10017
1001814 this Tweet because you drew this picture; is that
10019
1002015 right?
10021
10022
1002316 A. Because I drew that picture and I was
10024
10025
1002617 feeling a little anarchist at the moment.
10027
10028
1002918 Q. Okay so you'd classify yourself
10030
10031
1003219 politically as an anarchist?
10033
10034
1003520 A. Somewhere between a libertarian and an
10036
10037
1003821 anarchist, yeah.
10039
10040
1004122 Q. How do you square that to resorting to
10042
10043
1004423 the legal system for a dispute resolution?
10045
10046
1004724 A. Well, that's why I'm somewhere in between
10048
10049
1005025 a libertarian and an anarchist.
10051
10052130
10053
10054
10055
10056
100571 (Defendant's Exhibit 30 marked)
10058
10059
100602 BY MR. DAVIS:
10061
10062
100633 Q. I'm going to show you what we've marked
10064
10065
100664 as Exhibit 30 which is, for the record, an archive
10067
10068
100695 of Tweets ending in MXLvO. And is Exhibit 30 the
10070
10071
100726 same internet archive that you refer to on page 12
10073
10074
100757 of your interrogatory responses?
10076
10077
100788 A. Uh-huh.
10079
10080
100819 Q. Yes?
10082
10083
1008410 MR. LOTT: Say yes.
10085
10086
1008711 A. Yeah, I'm looking. It appears to be,
10088
10089
1009012 yes.
10091
10092
1009313 BY MR. DAVIS:
10094
10095
1009614 Q. In your interrogatory responses you say
10097
1009815 that in this archive of Tweets Ms. Scott quote
10099
10100
1010116 claims Lu Anne Esposito is certifiably insane and
10102
10103
1010417 needs serious help; is that correct?
10105
10106
1010718 A. Yes.
10108
10109
1011019 Q. And is the Tweet that that is based on on
10111
10112
1011320 page 2 where Ms. Scott says, quote, she's
10114
10115
1011621 batshitcrazy, close quote?
10117
10118
1011922 A. That's -- I'm sure that's one of them.
10120
10121
1012223 The way that I stated it, I think that there's --
10123
10124
1012524 or the one that I see is you need therapy.
10126
10127
1012825 Q. On page 3?
10129
10130131
10131
10132
10133
10134
101351 A. Uh-huh.
10136
10137
101382 Q. Yes?
10139
10140
101413 A. Yes.
10142
10143
101444 Q. And how is it you know that -- if you go
10145
10146
101475 up, there's a Tweet that says LuLuBelle is
10148
10149
101506 certifiable. She needs serious help before she
10151
10152
101537 hurts someone. Do you see that Tweet?
10154
10155
101568 A. Yes.
10157
10158
101599 Q. And is it your position that that Tweet's
10160
10161
1016210 from Ms. Scott?
10163
10164
1016511 A. No.
10166
10167
1016812 Q. Do you know who it's from?
10169
10170
1017113 A. Only theories and speculation.
10172
10173
1017414 Q. So you don't know for sure who it's from.
10175
1017615 A. No.
10177
10178
1017916 Q. Can you identify any Tweets in Exhibit 30
10180
10181
1018217 that financially harm you or caused to loss money?
10183
10184
1018518 A. Since it's not -- to save time since it's
10186
10187
1018819 not specifically stated here, I'm going to assume
10189
10190
1019120 there's not a specific direct cause of loss of
10192
10193
1019421 work or, you know, financial damage here.
10195
10196
1019722 Q. All right. So just so the record's
10198
10199
1020023 clear, because you're pointing at stuff and that
10201
10202
1020324 won't show up on the transcript.
10204
10205
1020625 A. I'm sorry. Since there's no -- well, I
10207
10208132
10209
10210
10211
10212
102131 was losing the words. But to save time, again,
10214
10215
102162 I'll just say it better. Since it's not noted
10217
10218
102193 specifically that any such Tweet that would say
10220
10221
102224 that here in my interrogatory responses, I'm just
10223
10224
102255 going to save time and say that there's -- there's
10226
10227
102286 not a specific direct cause of financial damage in
10229
10230
102317 this exhibit, Exhibit 30.
10232
10233
102348 Q. So if I'm clear, if a specific Tweet cost
10235
10236
102379 you money or caused you monetary damage, you
10238
10239
1024010 believe that would be noted in Exhibit 13?
10241
10242
1024311 A. I believe that there'd be specifically
10244
10245
1024612 noted, correct.
10247
10248
1024913 (Defendant's Exhibit 31 marked)
10250
10251
1025214 BY MR. DAVIS:
10253
1025415 Q. I'm going to show you what we've marked
10255
10256
1025716 as Exhibit 31, which, for the record, is an
10258
10259
1026017 archive of Tweets ending in OllJc, and
10261
10262
1026318 Ms. Esposito, is Exhibit 31 the same internet
10264
10265
1026619 archive -- excuse me, Twitter archive you were
10267
10268
1026920 referring to on page 13 of Exhibit 13?
10270
10271
1027221 A. I turned too many pages, I think.
10273
10274
1027522 Q. It's next to May 16th, 2016.
10276
10277
1027823 A. Yes, it appears to be.
10279
10280
1028124 Q. Okay. And can you identify any Tweets in
10282
10283
1028425 Exhibit 31 that caused you monetary harm or
10285
10286133
10287
10288
10289
10290
102911 financial damage?
10292
10293
102942 A. I don't believe there are any specific
10295
10296
102973 direct causes of financial damage in this exhibit.
10298
10299
103004 Q. Okay.
10301
10302
103035 (Defendant's Exhibit 32 marked)
10304
10305
103066 BY MR. DAVIS:
10307
10308
103097 Q. I'm going to show you a document we've
10310
10311
103128 marked as Exhibit 32 which is a Twitter archive
10313
10314
103159 ending in xCOQO. And is Exhibit 32 the same
10316
10317
1031810 Twitter archive you were referring to on page 13
10319
10320
1032111 of your interrogatory responses marked Exhibit 13?
10322
10323
1032412 A. They appear to be, yes.
10325
10326
1032713 Q. Can you identify any Tweets in Exhibit 32
10328
10329
1033014 that caused you monetary damage or financial harm.
10331
1033215 A. I don't believe there is a direct
10333
10334
1033516 specific -- well -- cause of financial damage.
10336
10337
1033817 Actually, let me check this one.
10339
10340
1034118 Q. So in your interrogatory responses you
10342
10343
1034419 said that this internet archive ending in xCOQO
10345
10346
1034720 contained two defamatory Tweets: one, you'd been
10348
10349
1035021 fired when you actually resigned, and two, you
10351
10352
1035322 were responsible for attempted suicide.
10354
10355
1035623 The first Tweet you're talking about
10357
10358
1035924 appears to be on page 35 of Exhibit 32.
10360
10361
1036225 A. Uh-huh.
10363
10364134
10365
10366
10367
10368
103691 Q. There's a Tweet that says RNR CEO fired
10370
10371
103722 her, do you see that?
10373
10374
103753 A. Yes.
10376
10377
103784 Q. And how did the allegation that you'd
10379
10380
103815 been fired as opposed to resigned from Red Nation
10382
10383
103846 Rising harm you financially or cause you monetary
10385
10386
103877 loss?
10388
10389
103908 A. I was about to say that there wasn't.
10391
10392
103939 I'm just check to make sure, because when I looked
10394
10395
1039610 at the first page there were several that I hadn't
10397
10398
1039911 noted at all.
10400
10401
1040212 Q. So just so I'm clear, you don't contend
10403
10404
1040513 that the false allegation you'd been fired from
10406
10407
1040814 Red Nation Rising caused you any financial harm,
10409
1041015 correct?
10411
10412
1041316 A. I don't -- no, I don't contend that that
10414
10415
1041617 particular statement was a cause of direct
10417
10418
1041918 financial damage.
10420
10421
1042219 Q. Okay. Well, then on page 10 of Exhibit
10423
10424
1042520 32 there's a quote that says, Lu Esposito and
10426
10427
1042821 group was responsible for one attempted suicide.
10429
10430
1043122 Do you see that?
10432
10433
1043423 A. Yes.
10435
10436
1043724 Q. And do you contend that that particular
10438
10439
1044025 Tweet caused you monetary loss or financial harm?
10441
10442135
10443
10444
10445
10446
104471 A. I do not contend that.
10448
10449
104502 Q. And then do you want to look through the
10451
10452
104533 rest of Exhibit 32?
10454
10455
104564 A. I did -- I do, yes, please.
10457
10458
104595 Q. Okay.
10460
10461
104626 A. Yes, that -- repeat what I said before
10463
10464
104657 about the other two. There's nothing additional
10466
10467
104688 in that.
10469
10470
104719 Q. So just so we're clear, you're saying
10472
10473
1047410 you've identified no specific Tweets in Exhibit 32
10475
10476
1047711 that caused you financial damage or monetary loss,
10478
10479
1048012 correct?
10481
10482
1048313 A. No specific direct financial damage.
10484
10485
1048614 Q. And when you say specific and direct, are
10487
1048815 you trying to make some contrast versus general
10489
10490
1049116 indirect?
10492
10493
1049417 A. Yeah.
10495
10496
1049718 Q. Okay. So explain that to me.
10498
10499
1050019 A. One of the -- one of the claims that I
10501
10502
1050320 made is about my Google search. When you pitch a
10504
10505
1050621 client or you put yourself out there in any way to
10507
10508
1050922 get a job, apply for a job, someone -- people
10510
10511
1051223 Google you all the time. When you Google me you
10513
10514
1051524 find mostly her stuff.
10516
10517
1051825 She's an SEO expert. I contend she did
10519
10520136
10521
10522
10523
10524
105251 that on purpose. That's what I mean.
10526
10527
105282 Q. Can you identify any contracts or
10529
10530
105313 business opportunities that you've lost because --
10532
10533
105344 A. Not direct or specific, but you don't --
10535
10536
105375 you don't know.
10538
10539
105406 Q. Okay. So just so I'm clear, you believe
10541
10542
105437 that you've lost money but you can't identify
10544
10545
105468 anything in particular, right?
10547
10548
105499 A. I can't yes or no that, because I'm not
10550
10551
1055210 sure that it's absolutely accurate. I'm only
10553
10554
1055511 explaining why I use the terminology direct and
10556
10557
1055812 specific.
10559
10560
1056113 Q. What I'm trying to get at is I want to
10562
10563
1056414 make sure I understand what amount of money you
10565
1056615 think Ms. Scott should have to pay you in
10567
10568
1056916 connection with this lawsuit. So can you identify
10570
10571
1057217 any specific business opportunity, contract,
10573
10574
1057518 client relationship, that has been lost because of
10576
10577
1057819 your Google results?
10579
10580
1058120 A. I have those -- oh, because specifically
10582
10583
1058421 of my Google results.
10585
10586
1058722 Q. Yes.
10588
10589
1059023 A. I'm -- yeah, probably -- I don't -- not
10591
10592
1059324 that I know of right off the top of my head. I
10594
10595
1059625 have had several people mention them to me, so --
10597
10598137
10599
10600
10601
10602
106031 but -- yeah. That's the answer.
10604
10605
106062 Q. Well, to make sure I understand what your
10607
10608
106093 answer is, you've had clients refer to your Google
10610
10611
106124 results; is that right?
10613
10614
106155 A. No, I didn't say clients.
10616
10617
106186 Q. Okay. You said people.
10619
10620
106217 A. I said people.
10622
10623
106248 Q. All right. And since I'm trying to
10625
10626
106279 figure out how you lost money, were those people
10628
10629
1063010 clients or potential customers or potential
10631
10632
1063311 business opportunities?
10634
10635
1063612 A. Well, that's a difficult question too,
10637
10638
1063913 because, I mean, in certain situations -- I'm not
10640
10641
1064214 a lawyer. So everyone is a potential client to
10643
1064415 me, or many, many people, most people are a
10645
10646
1064716 potential client to me. So, no, not specifically.
10648
10649
1065017 But it's -- you know, it's a difficult question to
10651
10652
1065318 answer.
10654
10655
1065619 Q. I'll try. The people that mention your
10657
10658
1065920 Google search results, were you in conversation
10660
10661
1066221 with any of them to form some kind of business
10663
10664
1066522 relationship?
10666
10667
1066823 A. They were personal conversations. And
10669
10670
1067124 they're is damage to at least one personal
10672
10673
1067425 relationship.
10675
10676138
10677
10678
10679
10680
106811 Q. And I understand that. All I'm trying to
10682
10683
106842 get at is financial or business relationships. So
10685
10686
106873 I understand everybody can be a potential
10688
10689
106904 customer. But did you have conversations with
10691
10692
106935 people who concretely could have developed into
10694
10695
106966 potential business relationship who said, I'm not
10697
10698
106997 going to engage Buzz Strategies because when I
10700
10701
107028 type Lu Esposito into Google a bunch of crazy
10703
10704
107059 stuff comes up?
10706
10707
1070810 A. No. But that is a very specific no to
10709
10710
1071111 the very, very specific question that you asked
10712
10713
1071412 me.
10715
10716
1071713 Q. You know, you sued Ms. Scott, okay. So
10718
10719
1072014 can you identify beyond what you've identified
10721
1072215 today lost business with any degree of
10723
10724
1072516 specificity?
10726
10727
1072817 A. No.
10729
10730
1073118 Q. Okay.
10732
10733
1073419 MR. DAVIS: Does anybody want to take a
10735
10736
1073720 break? It's been about an hour.
10738
10739
1074021 THE WITNESS: Yeah, that would be great.
10741
10742
1074322 (Recess 2:03 p.m.-2:26 p.m.)
10744
10745
1074623 BY MR. DAVIS:
10747
10748
1074924 Q. Ms. Esposito, when did you -- well, did
10750
10751
1075225 you resign from K98, or --
10753
10754139
10755
10756
10757
10758
107591 A. Eventually, yeah.
10760
10761
107622 Q. When was that?
10763
10764
107653 A. May 2016, possibly, somewhere around
10766
10767
107684 there.
10769
10770
107715 Q. And why did you end your relation --
10772
10773
107746 A. June.
10775
10776
107777 Q. Excuse me, May or June?
10778
10779
107808 A. Maybe.
10781
10782
107839 Q. Why did you end your relationship with
10784
10785
1078610 K98?
10787
10788
1078911 A. I just no longer had the time.
10790
10791
1079212 Q. That was about the time you started
10793
10794
1079513 working with Ms. Lanier?
10796
10797
1079814 A. Yes. Well, that was -- I started working
10799
1080015 with Ms. Lanier later than that, after. It was
10801
10802
1080316 before -- I believe -- I'm sorry, I don't know the
10804
10805
1080617 exact date.
10807
10808
1080918 Q. What was it that was happening in May or
10810
10811
1081219 June of 2016 that precluded you from having time
10813
10814
1081520 to devote to K98 Talk Radio activities?
10816
10817
1081821 A. A lot going on.
10819
10820
1082122 Q. Such as?
10822
10823
1082423 A. A divorce, a lot of -- you know, it's
10825
10826
1082724 like going on a diet, there's building -- I
10828
10829
1083025 believe I was working on Michael Loftus' website.
10831
10832140
10833
10834
10835
10836
108371 Q. Okay. You also had a relationship with a
10838
10839
108402 talk radio station called AltCon, is that right?
10841
10842
108433 A. Yes.
10844
10845
108464 Q. What was the nature of that relationship?
10847
10848
108495 A. AltCon and K98 called themselves sister
10850
10851
108526 stations. That just meant that some of the hosts
10853
10854
108557 would go back and forth, guest host, appear as
10856
10857
108588 guests, things like that.
10859
10860
108619 Q. So were you also the PIO for AltCon Radio
10862
10863
1086410 also?
10865
10866
1086711 A. No, not officially. I was not a host on
10868
10869
1087012 their platform either.
10871
10872
1087313 Q. So what was the nature of your
10874
10875
1087614 relationship with AltCon Radio?
10877
1087815 A. What I just said.
10879
10880
1088116 Q. I understood you to say that K98 and
10882
10883
1088417 AltCon exchanged hosts. What was your
10885
10886
1088718 relationship with AltCon Radio?
10888
10889
1089019 A. Occasional fill-in, occasional guest.
10891
10892
1089320 Q. And fill-in for who? The host?
10894
10895
1089621 A. Yes.
10897
10898
1089922 Q. And Diane Beijer was also a host on
10900
10901
1090223 AltCon Radio, correct?
10903
10904
1090524 A. Yes.
10906
10907
1090825 Q. Anyone else work at AltCon Radio that was
10909
10910141
10911
10912
10913
10914
109151 or is in a dispute with Ms. Scott, to your
10916
10917
109182 knowledge?
10919
10920
109213 A. Jodi Magera.
10922
10923
109244 Q. What is Mr. Lott's hourly rate, do you
10925
10926
109275 know? Your attorney's hourly rate, do you know?
10928
10929
109306 A. I think it might be $500. I think.
10931
10932
109337 Q. He wishes. It might be Mr. Levenson's
10934
10935
109368 hourly rate, does that sound right?
10937
10938
109399 A. George deserves it too, but yeah.
10940
10941
1094210 Q. And how much was your bill from
10943
10944
1094511 Levenson & Associates last month? You get
10946
10947
1094812 invoiced monthly, yes?
10949
10950
1095113 A. I think it was about 4500 to 5000 for the
10952
10953
1095414 month, something like that.
10955
1095615 Q. What's your total outlay in attorneys
10957
10958
1095916 fees on this case to date?
10960
10961
1096217 A. Close to 20,000.
10963
10964
1096518 Q. You -- earlier today used some terms to
10966
10967
1096819 describe what your job was, and I don't remember
10969
10970
1097120 exactly what they were, so I don't want to
10972
10973
1097421 misquote you. But to the best of my recollection
10975
10976
1097722 I thought you said you were a PR professional or
10978
10979
1098023 marketing analyst, something like that? Is that
10981
10982
1098324 how you would describe what your job is?
10984
10985
1098625 A. Marketing and public relations, yes.
10987
10988142
10989
10990
10991
10992
109931 Q. Marketing and public relations.
10994
10995
109962 A. Uh-huh.
10997
10998
109993 Q. And what in the field of marketing is it
11000
11001
110024 that you think you do? Like marketing analyst or
11003
11004
110055 marketer, or what? What's the job title?
11006
11007
110086 A. Digital analytics, web development,
11009
11010
110117 mostly.
11012
11013
110148 Q. Digital analytics and web development.
11015
11016
110179 A. Uh-huh. That's my end of it.
11018
11019
1102010 Q. And what about the public relations
11021
11022
1102311 field? What would you describe your position in
11024
11025
1102612 the public relations field to be?
11027
11028
1102913 A. Communication strategy and media
11030
11031
1103214 relations.
11033
1103415 Q. And was this how you would have also
11035
11036
1103716 described your jobs back in 2015 and 2016?
11038
11039
1104017 A. Yes.
11041
11042
1104318 Q. And, you know, what is it that someone
11044
11045
1104619 who works in digital analytics does? What does a
11047
11048
1104920 digital analyst do?
11050
11051
1105221 A. It's difficult to describe. I measure --
11053
11054
1105522 I track and measure the performance of a website,
11056
11057
1105823 of websites, analysis.
11059
11060
1106124 Q. What kind of qualifications are necessary
11062
11063
1106425 to be a digital analyst such as yourself?
11065
11066143
11067
11068
11069
11070
110711 A. Well, I have probably 15 years of
11072
11073
110742 experience in that field.
11075
11076
110773 Q. I'm not saying you're not qualified. I'm
11078
11079
110804 just trying to get a sense of what is it you think
11081
11082
110835 is a necessary requirements and/or qualification
11084
11085
110866 to be a digital analyst. I mean, it sounds like
11087
11088
110897 you would have to have some experience with
11090
11091
110928 computer software, is that fair?
11093
11094
110959 A. No, not for -- really for the analyst
11096
11097
1109810 side of it. You need to understand user
11099
11100
1110111 experience and digital advertising and things like
11102
11103
1110412 that.
11105
11106
1110713 Q. Okay. Is a character for truthfulness a
11108
11109
1111014 necessary requirement to be a digital analyst?
11111
1111215 A. That's more related to public relations.
11113
11114
1111516 Q. So is a character for truthfulness
11116
11117
1111817 necessary to be a digital analyst?
11119
11120
1112118 A. No.
11122
11123
1112419 Q. Is a character for truthfulness necessary
11125
11126
1112720 to be a web developer?
11128
11129
1113021 A. And, you know, really when you think
11131
11132
1113322 about it, that's wrong, because I think that
11134
11135
1113623 character is necessary for everything. But is it
11137
11138
1113924 in the core competency? Well, every job I ever
11140
11141
1114225 had it was in the core competencies for
11143
11144144
11145
11146
11147
11148
111491 everything.
11150
11151
111522 Q. So in your opinion in your testimony
11153
11154
111553 today is that a character for truthfulness is a
11156
11157
111584 requirement for every conceivable job.
11159
11160
111615 A. Yes.
11162
11163
111646 Q. I'm going to show you what's been marked
11165
11166
111677 as Exhibit 33 which for the record is a Twitter
11168
11169
111708 archive ending in je4FM.
11171
11172
111739 (Defendant's Exhibit 33 marked)
11174
11175
1117610 BY MR. DAVIS:
11177
11178
1117911 Q. And, Ms. Esposito, just a couple
11180
11181
1118212 questions about this document. Is Exhibit 33 the
11183
11184
1118513 same archive you're referring to on page 14 of
11186
11187
1118814 your interrogatory responses marked as Exhibit 13?
11189
1119015 It's June 23rd, 2016.
11191
11192
1119316 A. It appears to be, yes.
11194
11195
1119617 Q. And can you identify either specifically
11197
11198
1119918 or generally any monetary loss or financial damage
11200
11201
1120219 you suffered as a result of Ms. Scott's claim that
11203
11204
1120520 you lied to law enforcement in North Carolina?
11206
11207
1120821 A. Directly and specifically, no.
11209
11210
1121122 Q. And indirectly and generally, can you
11212
11213
1121423 identify any monetary loss or financial harm you
11215
11216
1121724 suffered as a result of Ms. Scott's allegation
11218
11219
1122025 that you lied to law enforcement in North
11221
11222145
11223
11224
11225
11226
112271 Carolina?
11228
11229
112302 A. At this time I cannot give you a specific
11231
11232
112333 incident or a general instance, no.
11234
11235
112364 Q. Do you have some reason to think that at
11237
11238
112395 some other point in time you'd be able to give me
11240
11241
112426 a general instance?
11243
11244
112457 A. There's a possibility, yeah.
11246
11247
112488 Q. Why is that?
11249
11250
112519 A. Because I've never looped back with all
11252
11253
1125410 of the people who may have considered us but not
11255
11256
1125711 hired us to ask them if this had anything to do
11258
11259
1126012 with it.
11261
11262
1126313 Q. So is it fair to say that both prior to
11264
11265
1126614 filing this law enforcement and through today
11267
1126815 you've never looped back to talk to putative
11269
11270
1127116 clients or customers to see if Ms. Scott's Tweets
11272
11273
1127417 affected their decision to enter into contracts or
11275
11276
1127718 agreements with you or Buzz Strategies?
11278
11279
1128019 MR. LOTT: Object to the form of the
11281
11282
1128320 question, but you can answer.
11284
11285
1128621 A. I can't answer that.
11287
11288
1128922 BY MR DAVIS:
11290
11291
1129223 Q. Why not?
11293
11294
1129524 A. I've told you of all of the conversations
11296
11297
1129825 that I've had with existing clients and all of the
11299
11300146
11301
11302
11303
11304
113051 problems that she caused with existing clients,
11306
11307
113082 former clients, business relationships that I
11309
11310
113113 continue to have going forward. I know how it
11312
11313
113144 affected them.
11315
11316
113175 No, I did not reach out to, you know,
11318
11319
113206 third parties. Stacey and I haven't had ongoing
11321
11322
113237 conversations about other people that might have
11324
11325
113268 been affected, and it's why that claim wasn't
11327
11328
113299 made, because the specific instances are there.
11330
11331
1133210 So the claims for -- it's why I didn't give you a
11333
11334
1133511 breakdown of other monies I believe maybe didn't
11336
11337
1133812 come because of Ms. Scott's actions. So you don't
11339
11340
1134113 see that claim made because I didn't do that.
11342
11343
1134414 Q. I hear what you're saying and I'm not
11345
1134615 trying to argue with you. Here's the reason why
11347
11348
1134916 I'm asking these followup questions. When I ask
11350
11351
1135217 you did you lose money you're very specifically
11353
11354
1135518 saying not directly or specifically. So I want to
11356
11357
1135819 make sure it's clear and there won't be some
11359
11360
1136120 confusion later that, Oh, well, generally I lost
11362
11363
1136421 some money. That's why I was asking these
11365
11366
1136722 followup questions.
11368
11369
1137023 So we're clear, when you allege that
11371
11372
1137324 Ms. Scott cost you money, you're referring to the
11374
11375
1137625 specific instances identified in your
11377
11378147
11379
11380
11381
11382
113831 interrogatory responses, which are Kelli Ward,
11384
11385
113862 Winteregg and Red Nation Rising, correct?
11387
11388
113893 A. Those are the specific monetary claims
11390
11391
113924 that I made, yes.
11393
11394
113955 Q. And you're not suing Ms. Scott for the
11396
11397
113986 general losses as opposed to the specific losses;
11399
11400
114017 is that right?
11402
11403
114048 A. If I understand you correctly, the -- I
11405
11406
114079 don't really -- I don't know exactly how to
11408
11409
1141010 describe it. If I understand what you're asking
11411
11412
1141311 me correctly, I'm not making a claim that there
11414
11415
1141612 is -- that she owes me money for losses that are
11417
11418
1141913 general and not specific.
11420
11421
1142214 Q. Okay. That helps me, thank you.
11423
1142415 (Defendant's Exhibit 34 marked)
11425
11426
1142716 BY MR. DAVIS:
11428
11429
1143017 Q. And I want to show you what's been marked
11431
11432
1143318 as Exhibit 34, which is an archive of something on
11434
11435
1143619 the internet that ends in Yix2c. And,
11437
11438
1143920 Ms. Esposito, is the document marked as Exhibit 34
11440
11441
1144221 the same internet archive you were referring to on
11443
11444
1144522 page 14 of your interrogatory responses marked as
11446
11447
1144823 Exhibit 13?
11449
11450
1145124 A. Yes.
11452
11453
1145425 Q. Okay. And can you identify anything in
11455
11456148
11457
11458
11459
11460
114611 Exhibit 34 that cost you money or resulted in
11462
11463
114642 financial loss or harm?
11465
11466
114673 A. Specifically I believe this particular
11468
11469
114704 article -- what was the date that this article was
11471
11472
114735 published?
11474
11475
114766 Q. I don't know. If you look at what would
11477
11478
114797 appear to be the publication date it just says
11480
11481
114828 today, and if you look at the archive date it says
11483
11484
114859 June 23rd, 2016. That's all I know.
11486
11487
1148810 A. Okay. I can't answer. So this article
11489
11490
1149111 was published in this location on June 23rd, 2016?
11492
11493
1149412 Q. Based on my reading and what you
11495
11496
1149713 testified to here today, that was the archive
11498
11499
1150014 date, right? The date in the upper right-hand
11501
1150215 corner is the archive date, not the publication
11503
11504
1150516 date.
11506
11507
1150817 A. Right.
11509
11510
1151118 Q. So it's not clear from the document when
11512
11513
1151419 this was published, correct?
11515
11516
1151720 A. No.
11518
11519
1152021 Q. But you think there's something in here
11521
11522
1152322 that may, in fact, have cost you money. You're
11524
11525
1152623 just not sure about the timeline; is that correct?
11527
11528
1152924 A. Yes, I'm -- I don't know that this
11530
11531
1153225 article was not Tweeted at a client that either it
11533
11534149
11535
11536
11537
11538
115391 may have specifically affected ongoing business
11540
11541
115422 relationships and at least kept one contract from
11543
11544
115453 happening. I'm not positive that it didn't affect
11546
11547
115484 something. So --
11549
11550
115515 Q. And what client are you referring to?
11552
11553
115546 A. I would be referring to 4 Tier
11555
11556
115577 Strategies. Those were the ones mostly that were
11558
11559
115608 affected, and there were two that we had hoped to
11561
11562
115639 pick back up, but because it was ongoing and it
11564
11565
1156610 continued happening we were never able to do that.
11567
11568
1156911 That's, you know, nothing I have
11570
11571
1157212 documentation for, other than, you know, just
11573
11574
1157513 conversations, you know, so it's just really hard
11576
11577
1157814 for me to say with no date on the article whether
11579
1158015 or not it was Tweeted and one of my clients might
11581
11582
1158316 have been tagged in it. So it might have had some
11584
11585
1158617 impact.
11587
11588
1158918 Q. When you say we were hoping to pick up
11590
11591
1159219 two other candidates or words or substance to that
11593
11594
1159520 effect, who were you talking about?
11596
11597
1159821 A. When we pulled the fundraising campaigns
11599
11600
1160122 down, we had hoped that there would be an end to
11602
11603
1160423 the activity and we would be able to pick those
11605
11606
1160724 back up. But I really have no documentation for
11608
11609
1161025 that, so -- but the continued nature of the, you
11611
11612150
11613
11614
11615
11616
116171 know, Tweeting our clients and tagging them
11618
11619
116202 through January, February, March, April,
11621
11622
116233 throughout the campaign cycle, we were never able
11624
11625
116264 to do that.
11627
11628
116295 Q. All right. So just so I'm clear, when
11630
11631
116326 Buzz Strategies pulled down its -- what, platform?
11633
11634
116357 Model?
11636
11637
116388 A. Model, yeah, I would say the business
11639
11640
116419 model.
11642
11643
1164410 Q. All right. So let me rephrase my
11645
11646
1164711 question.
11648
11649
1165012 When Buzz Strategies ended its prior
11651
11652
1165313 business model, you and Ms. Lennox were hoping
11654
11655
1165614 that Buzz Strategies would then subsequently be
11657
1165815 able to resurrect some new business model and
11659
11660
1166116 recreate some business relationships with 4 Tier
11662
11663
1166417 Strategies, correct?
11665
11666
1166718 A. No. When we ended -- when we initially
11668
11669
1167019 ended the fundraising campaigns we did not rework
11671
11672
1167320 the business model. We had hoped to be able to
11674
11675
1167621 pick those back up. Kelli Ward's primary was not
11677
11678
1167922 until August. We were never able to reinitiate it
11680
11681
1168223 because it was an ongoing thing.
11683
11684
1168524 Q. So did Buzz Strategies make an attempt to
11686
11687
1168825 reinitiate a business relationship with 4 Tier
11689
11690151
11691
11692
11693
11694
116951 Strategy?
11696
11697
116982 A. We did have a conversation at CPAC, which
11699
11700
117013 would have been March of 2016.
11702
11703
117044 Q. Who is we?
11705
11706
117075 A. Stacey, John, myself, and Brad.
11708
11709
117106 Q. Stacey, Stacey Lennox, correct?
11711
11712
117137 A. Uh-huh.
11714
11715
117168 Q. And John is John LaRosa?
11717
11718
117199 A. Uh-huh.
11720
11721
1172210 Q. And who is the other person?
11723
11724
1172511 A. Brad. He's a digital guy. John would be
11726
11727
1172812 your point person, but Brad was also there.
11729
11730
1173113 Q. All right. So what did you, Ms. Lennox,
11732
11733
1173414 Mr. LaRosa and Brad discuss at CPAC in March of
11735
1173615 2016?
11737
11738
1173916 A. Our desire to pick back up where they
11740
11741
1174217 left off.
11743
11744
1174518 Q. So you and/or Ms. Lennox conveyed to
11746
11747
1174819 Mr. LaRosa that Buzz Strategies wished to pick up
11749
11750
1175120 back up with 4 Tier Strategies, correct?
11752
11753
1175421 A. Right. We all wanted to do that. John
11755
11756
1175722 indicated to us that he was interested in it as
11758
11759
1176023 well.
11761
11762
1176324 Q. Okay. And what happened after that
11764
11765
1176625 conversation with respect to the relationship
11767
11768152
11769
11770
11771
11772
117731 between Buzz Strategies and 4 Tier Strategies?
11774
11775
117762 A. We remained friends and networked, and we
11777
11778
117793 work with some of the same clients, but they
11780
11781
117824 haven't contracted us directly for anything.
11783
11784
117855 Q. All right. So just so I'm clear, there's
11786
11787
117886 a meeting in March 2016 where everyone apparently
11789
11790
117917 says, Yeah, we'd like to pick back up where we
11792
11793
117948 left off. And then subsequently there's what you
11795
11796
117979 allege is defamatory information posted on the
11798
11799
1180010 internet about you, and then nothing happens
11801
11802
1180311 between Buzz Strategies and 4 Tier Strategies; is
11804
11805
1180612 that correct?
11807
11808
1180913 A. Yeah, right.
11810
11811
1181214 Q. And what is it that allows you to connect
11813
1181415 the internet content and the fact that Buzz
11815
11816
1181716 Strategies and 4 Tier Strategies never picked back
11818
11819
1182017 up other than the timeline?
11821
11822
1182318 A. Well, I think the last contact with
11824
11825
1182619 J.D. Winteregg that we saw by your client was
11827
11828
1182920 April or so. I mean, as long as that was ongoing,
11830
11831
1183221 there really was not a whole lot that we could do.
11833
11834
1183522 Q. What I'm trying to make clear is based on
11836
11837
1183823 the fact that Ms. Scott was still sending out
11839
11840
1184124 Tweets and still posting stuff on the internet,
11842
11843
1184425 you and Stacey decided we're not going to even
11845
11846153
11847
11848
11849
11850
118511 attempt to resurrect our relationship with 4 Tier
11852
11853
118542 Strategies.
11855
11856
118573 A. We still had a relationship with 4 Tier
11858
11859
118604 Strategies.
11861
11862
118635 Q. A business relationship that resulted in
11864
11865
118666 the payment of money to Buzz Strategies.
11867
11868
118697 A. Yes.
11870
11871
118728 Q. Buzz Strategies never got an email or a
11873
11874
118759 phone call from 4 Tier Strategies or any political
11876
11877
1187810 candidate saying, We're not going to utilize your
11879
11880
1188111 services and pay you anything because of
11882
11883
1188412 allegations that have been made by Ms. Scott,
11885
11886
1188713 correct?
11888
11889
1189014 A. Correct.
11891
1189215 Q. And nobody at 4 Tier -- well, strike
11893
11894
1189516 that.
11896
11897
1189817 Did anybody at 4 Tier Strategies ever say
11899
11900
1190118 to you, I heard X, Y or Z about you?
11902
11903
1190419 A. Yes.
11905
11906
1190720 Q. And detail that for me. Who said what?
11908
11909
1191021 A. The conversation was with Stacey, I
11911
11912
1191322 wouldn't be able to detail it for you.
11914
11915
1191623 Q. You and Stacey -- oh, somebody at 4 Tier
11917
11918
1191924 Strategies talked to Ms. Lennox.
11920
11921
1192225 A. Yes.
11923
11924154
11925
11926
11927
11928
119291 Q. And what's your understanding of what
11930
11931
119322 that person at 4 Tier Strategies said to
11933
11934
119353 Ms. Lennox?
11936
11937
119384 A. My understanding was that -- and I think
11939
11940
119415 I detailed this for you earlier. They were
11942
11943
119446 running the candidate account and they were
11945
11946
119477 receiving the messages about -- from Ms. Scott
11948
11949
119508 about allegations of SEC violations and
11951
11952
119539 investigations, and, you know, allegations that
11954
11955
1195610 J.D. Winteregg was complicit in those whatever
11957
11958
1195911 violations were -- you know.
11960
11961
1196212 Q. And your understanding of this
11963
11964
1196513 conversation is based on what Ms. Lennox reported
11966
11967
1196814 back to you?
11969
1197015 A. Yes, and also heard some of it myself,
11971
11972
1197316 not all of it. But I heard enough of it from John
11974
11975
1197617 to verify that the conversation was accurate --
11977
11978
1197918 Q. What did Mr. LaRosa tell you --
11980
11981
1198219 A. -- in March at CPAC when we all talked to
11983
11984
1198520 each other.
11986
11987
1198821 Q. So in March 2016 at CPAC Mr. LaRosa said
11989
11990
1199122 something to you or said something that you
11992
11993
1199423 overheard about certain communications that had
11995
11996
1199724 been made by Ms. --
11998
11999
1200025 A. It was a four-way conversation, and yes,
12001
12002155
12003
12004
12005
12006
120071 it was acknowledged that those were received, and
12008
12009
120102 that there was conversation with the candidate
12011
12012
120133 about them as well.
12014
12015
120164 Q. And this was the same meeting where Buzz
12017
12018
120195 Strategies and 4 Tier Strategies both expressed an
12020
12021
120226 interest in picking back up their business
12023
12024
120257 relationship.
12026
12027
120288 A. Yes.
12029
12030
120319 Q. Okay.
12032
12033
1203410 (Defendant's Exhibit 35 marked)
12035
12036
1203711 BY MR. DAVIS:
12038
12039
1204012 Q. I'm going to show you what we'll mark
12041
12042
1204313 as -- show you what's been marked as Exhibit 35,
12044
12045
1204614 which is an archive of Tweets ending in kNQjG.
12047
1204815 And this is -- Exhibit 35 is the same archive of
12049
12050
1205116 Tweets you're referring to on page 16 of your
12052
12053
1205417 interrogatory responses, correct?
12055
12056
1205718 A. Yes, it appears to be.
12058
12059
1206019 Q. And can you identify any money that you
12061
12062
1206320 lost or financial harm that befell you because
12064
12065
1206621 Ms. Scott said in words or substance that you were
12067
12068
1206922 being sued for a press release you wrote in
12070
12071
1207223 response to Ms. Scott's Fox 5 appearance?
12073
12074
1207524 A. Not specifically and directly.
12076
12077
1207825 (Defendant's Exhibit 36 marked)
12079
12080156
12081
12082
12083
12084
120851 BY MR. DAVIS:
12086
12087
120882 Q. I'll show you what we have marked as
12089
12090
120913 Exhibit 36, which is an archive of something on
12092
12093
120944 the internet ending in Hyo9b. The bottom of page
12095
12096
120975 1 of Exhibit 36, there's a following sentence,
12098
12099
121006 quote, December 3rd, 2015 Lu Esposito makes a
12101
12102
121037 false swearing to a Wake County Magistrate
12104
12105
121068 claiming that I was cyberstalking her. Do you see
12107
12108
121099 that?
12110
12111
1211210 A. Uh-huh.
12113
12114
1211511 MR. LOTT: Yes?
12116
12117
1211812 A. Yes. Sorry.
12119
12120
1212113 BY MR. DAVIS:
12122
12123
1212414 Q. Everyone does it. It's nothing to worry
12125
1212615 about.
12127
12128
1212916 I understand that you contend whatever
12130
12131
1213217 you said about Ms. Scott in North Carolina was
12133
12134
1213518 true, okay. But did you make a swearing to a Wake
12136
12137
1213819 County Magistrate?
12139
12140
1214120 A. It's required, yes.
12142
12143
1214421 Q. Okay. And was -- did that swearing
12145
12146
1214722 include the claim that Ms. Scott was cyberstalking
12148
12149
1215023 you?
12151
12152
1215324 A. I -- I just looked at that document. I
12154
12155
1215625 don't know that I used that particular word. But
12157
12158157
12159
12160
12161
12162
121631 I don't think that it would be a misrepresentation
12164
12165
121662 of what was happening if I did.
12167
12168
121693 Q. You're aware that that's what Ms. Scott
12170
12171
121724 was ultimately charged with, are you not?
12173
12174
121755 Cyberstalking?
12176
12177
121786 A. I wasn't --
12179
12180
121817 Q. If you don't know, that's fine. You
12182
12183
121848 don't know?
12185
12186
121879 A. I mean, I never actually saw the warrant,
12188
12189
1219010 no. The way that that works, it wasn't that I
12191
12192
1219311 didn't request it and it wasn't that I didn't want
12194
12195
1219612 to know, but I never actually saw it.
12197
12198
1219913 Q. Okay.
12200
12201
1220214 A. I know that it was in the documents that
12203
1220415 I have and I looked at it last night, and I don't
12205
12206
1220716 remember that word. I apologize.
12208
12209
1221017 Q. No, it's no problem.
12211
12212
1221318 (Defendant's Exhibit 37 marked)
12214
12215
1221619 BY MR. DAVIS:
12217
12218
1221920 Q. I'm going to show you what's been marked
12220
12221
1222221 as Exhibit 37, which is an archive of something on
12223
12224
1222522 the internet ending in MVKrb.
12226
12227
1222823 BY MR DAVIS:
12229
12230
1223124 Q. And Exhibit 37 is the document you were
12232
12233
1223425 referring to in your interrogatory responses on
12235
12236158
12237
12238
12239
12240
122411 page 16, correct?
12242
12243
122442 A. What is the date? Oh, I see it, I'm
12245
12246
122473 sorry. Yes. August 11th, 2016.
12248
12249
122504 Q. And all I'm trying to do is make sure I
12251
12252
122535 have the correct Tweets that you've identified.
12254
12255
122566 A. Me too, yes.
12257
12258
122597 Q. So I actually don't have any questions
12260
12261
122628 about Exhibit 37, it's just for the record.
12263
12264
122659 (Defendant's Exhibit 38 marked)
12266
12267
1226810 BY MR. DAVIS:
12269
12270
1227111 Q. I'm going to show you a document marked
12272
12273
1227412 Exhibit 38 which is an archive of Tweets ending in
12275
12276
1227713 4ekk2, and Exhibit 38 is the archive of Tweets
12278
12279
1228014 you're referring to on page 17 of your
12281
1228215 interrogatory responses, correct?
12283
12284
1228516 A. It appears to be, yes.
12286
12287
1228817 Q. Can you identify any monetary loss or
12289
12290
1229118 financial harm you suffered as a result of
12292
12293
1229419 Ms. Scott's allegation that you, quote, targeted
12295
12296
1229720 Ms. Scott's child?
12298
12299
1230021 A. In this particular archive, not
12301
12302
1230322 specifically or directly, no. And I say that that
12304
12305
1230623 way because I believe that she may have actually
12307
12308
1230924 said those exact words directly to a client, and I
12310
12311
1231225 can't remember right now, there are so many
12313
12314159
12315
12316
12317
12318
123191 archives and so many Tweets, I can't.
12320
12321
123222 Q. So you believe Ms. Scott told a client of
12323
12324
123253 Buzz Strategies that you had targeted her child,
12326
12327
123284 correct?
12329
12330
123315 A. I think it's possible. In Exhibit 38
12332
12333
123346 specifically and directly, I can't identify that.
12335
12336
123377 Q. And the client you're referring to is
12338
12339
123408 who? Who do you think Ms. Scott told that you
12341
12342
123439 were targeting her child?
12344
12345
1234610 A. I'm not positive. I think that she
12347
12348
1234911 may -- yeah, I want to back that up. I'm just not
12350
12351
1235212 sure. I believe she may have said it to Michael
12353
12354
1235513 Loftus, and we've been able to maintain that
12356
12357
1235814 relationship, even though it --
12359
1236015 Q. Okay. So here is --
12361
12362
1236316 A. -- strained at times.
12364
12365
1236617 Q. Here is my original question: Can you
12367
12368
1236918 identify any financial loss or monetary harm that
12370
12371
1237219 befell you because Ms. Scott represented that you,
12373
12374
1237520 quote, targeted Ms. Scott's child, close quote?
12376
12377
1237821 A. In Exhibit 38.
12379
12380
1238122 Q. No, period. My question is: Can you
12382
12383
1238423 identify any money lost because Ms. Scott said
12385
12386
1238724 that you, quote, targeted Ms. Scott's child?
12388
12389
1239025 A. I'm not sure.
12391
12392160
12393
12394
12395
12396
123971 Q. Can you identify any monetary loss or
12398
12399
124002 financial harm that befell you because Ms. Scott
12401
12402
124033 allegedly falsely accused you of inducing a person
12404
12405
124064 to commit suicide?
12407
12408
124095 A. Not specifically or directly at this
12410
12411
124126 time, but I'm just not -- not sure now that I --
12413
12414
124157 you know, put in that way, that it's -- it wasn't
12416
12417
124188 part of the allegations that stopped those
12419
12420
124219 fundraising campaigns. I don't know that for
12422
12423
1242410 sure.
12425
12426
1242711 Q. So just so I'm clear I understand your
12428
12429
1243012 answer, you don't know that you lost any money
12431
12432
1243313 because Ms. Scott accused you of causing somebody
12434
12435
1243614 to commit suicide, correct?
12437
1243815 A. That's a fair representation, yes.
12439
12440
1244116 Q. Okay. And are you aware of any monetary
12442
12443
1244417 loss or financial harm you suffered because
12445
12446
1244718 Ms. Scott falsely accused you of doxing an
12448
12449
1245019 anonymous patriot?
12451
12452
1245320 A. This is worded incorrectly. But
12454
12455
1245621 regardless, the answer would be no.
12457
12458
1245922 Q. Okay. Now I want to go back to the
12460
12461
1246223 interrogatory responses. And I think you're -- go
12463
12464
1246524 back one page. Okay, there's a sentence that
12466
12467
1246825 says, June 25, 2017 postings by Ms. Scott are
12469
12470161
12471
12472
12473
12474
124751 attached hereto as Exhibit C. See that?
12476
12477
124782 A. Uh-huh.
12479
12480
124813 Q. Okay. Can you show me where Exhibit C
12482
12483
124844 is? And the reason I ask is I don't -- it doesn't
12485
12486
124875 appear there is one. It appears all the exhibits
12488
12489
124906 are numbers instead of letters.
12491
12492
124937 A. Well, no. And I'm going to have to
12494
12495
124968 apologize, because my -- my only answer for that
12497
12498
124999 is that my lawyer changed it, and they didn't
12500
12501
1250210 provide the exhibit that I had provided them.
12503
12504
1250511 Q. All right. So the exhibits attached to
12506
12507
1250812 your interrogatory responses do not include
12509
12510
1251113 Exhibit C so far as you can tell.
12512
12513
1251414 A. No, I don't see June postings.
12515
1251615 Q. Okay.
12517
12518
1251916 A. So I'd have to say no.
12520
12521
1252217 Q. And the only reason I'm asking is I want
12523
12524
1252518 to know what exactly it is you think Ms. Scott did
12526
12527
1252819 on June 25th, 2017 that's problematic. And based
12529
12530
1253120 on what's written here it appears your concern is
12532
12533
1253421 that she posted a picture of you and your full
12535
12536
1253722 name in an effort to place you in danger. Do you
12538
12539
1254023 see that?
12541
12542
1254324 A. Uh-huh.
12544
12545
1254625 Q. Yes?
12547
12548162
12549
12550
12551
12552
125531 A. Yes.
12554
12555
125562 Q. Do you allege that something Ms. Scott
12557
12558
125593 put on line on June 25th, 2017 constituted
12560
12561
125624 defamation or somehow interfered with your
12563
12564
125655 business or contractual relationships?
12566
12567
125686 A. I just don't remember what it was.
12569
12570
125717 Q. Okay. The next part of your
12572
12573
125748 interrogatory responses say, Ms. Scott continues
12575
12576
125779 to make defamatory statements. Do you see that?
12578
12579
1258010 A. Yes.
12581
12582
1258311 Q. What are those statements?
12584
12585
1258612 A. They are the same statements repeated
12587
12588
1258913 over and over and over.
12590
12591
1259214 Q. And have you provided us a copy of the
12593
1259415 statements that took place after June 25th, 2017
12595
12596
1259716 that you contend are defamatory?
12598
12599
1260017 A. They were all archived, supposedly, but
12601
12602
1260318 they were given to my lawyers supposedly. They
12604
12605
1260619 provided you with a CD-ROM.
12607
12608
1260920 Q. Right, which is what we just spent two
12610
12611
1261221 hours looking at. Everything that was archived
12613
12614
1261522 and had all the specific archive --
12616
12617
1261823 A. And it only went through June 2017?
12619
12620
1262124 Q. The last one that we looked at was
12622
12623
1262425 archived May 25th, 2017.
12625
12626163
12627
12628
12629
12630
126311 A. They received archives through, but they
12632
12633
126342 would have gone through at least March or April.
12635
12636
126373 They would have gone -- should have gone right up
12638
12639
126404 to the time of the filing or after.
12641
12642
126435 Q. But we're talking about defamation after
12644
12645
126466 June 25th, 2017. You sued Ms. Scott for
12647
12648
126497 defamation. I'm trying to make sure I know what
12650
12651
126528 it is that you think she said after June 25th,
12653
12654
126559 2017 that's defamatory. So have you provided
12656
12657
1265810 those Tweets to us?
12659
12660
1266111 A. And, again, my apology. I provided them
12662
12663
1266412 to my lawyer and I thought that they were put into
12665
12666
1266713 this discovery -- the first discovery responses
12668
12669
1267014 for you.
12671
1267215 Q. Okay. So the answer is you don't know if
12673
12674
1267516 we've been provided a copy of those purportedly
12676
12677
1267817 defamatory statements.
12679
12680
1268118 A. Yes.
12682
12683
1268419 Q. Okay. Is there some reason why you
12685
12686
1268720 haven't amended your interrogatory responses to
12688
12689
1269021 identify those statements with greater
12691
12692
1269322 specificity?
12694
12695
1269623 A. I -- I wasn't aware that you didn't have
12697
12698
1269924 them.
12700
12701
1270225 Q. Here's my point.
12703
12704164
12705
12706
12707
12708
127091 A. I understand.
12710
12711
127122 Q. You did an excellent job, frankly, in
12713
12714
127153 this interrogatory response of listing out with a
12716
12717
127184 great deal of specificity, here's all the things
12719
12720
127215 that Ms. Scott said that I think are defamatory
12722
12723
127246 and here's a copy of the Tweets, but only through
12725
12726
127277 May of 2017. And then you just say, you know,
12728
12729
127308 after May or June of 2017 there's more stuff.
12731
12732
127339 So is there some reason why you haven't
12734
12735
1273610 gone back to identify the Tweets with the same
12737
12738
1273911 level of specificity after May or June of 2017?
12740
12741
1274212 A. Oh, okay, so I'm sorry. This is -- this
12743
12744
1274513 was after the filing and, no, there's not really a
12746
12747
1274814 reason, you know.
12749
1275015 Q. Okay. One last question about Exhibit 13
12751
12752
1275316 which is towards the back. And actually I see
12754
12755
1275617 Exhibit C. It's buried. It's like the last maybe
12757
12758
1275918 five, six, seven, maybe 10 pages. Then there are
12760
12761
1276219 some Tweets from somebody named Xavior's Daddy
12763
12764
1276520 which I want to ask you about.
12766
12767
1276821 A. Uh-huh, yep. Yes.
12769
12770
1277122 Q. Do you know who the person that -- or
12772
12773
1277423 persons that utilize the Twitter account
12775
12776
1277724 @XaviorsDaddy are?
12778
12779
1278025 A. There are quite a few of them, and this
12781
12782165
12783
12784
12785
12786
127871 account I think had more than one person in it.
12788
12789
127902 Q. And who are those persons?
12791
12792
127933 A. Some of them are obvious and some of them
12794
12795
127964 are not.
12797
12798
127995 Q. I'm asking for names.
12800
12801
128026 A. I know. I'm looking. Yeah, I would
12803
12804
128057 just -- it would be a guess. I don't -- I don't
12806
12807
128088 know for sure who was behind that.
12809
12810
128119 Q. I'm asking you do you know the identity
12812
12813
1281410 of any person or persons who use the Twitter
12815
12816
1281711 account @XaviorsDaddy.
12818
12819
1282012 A. No.
12821
12822
1282313 Q. None?
12824
12825
1282614 A. No.
12827
1282815 Q. The name of the business you had with
12829
12830
1283116 Ms. Lanier was Ghost Cyber Intelligence, correct?
12832
12833
1283417 A. Yes.
12835
12836
1283718 Q. Do you have any idea why Xavior's Daddy
12838
12839
1284019 has a #GhostCyberIntel underneath his or her
12841
12842
1284320 Twitter account?
12844
12845
1284621 A. Yes, because they were trolling us.
12847
12848
1284922 Q. What does that mean?
12850
12851
1285223 A. They were attacking us.
12853
12854
1285524 Q. Xavior's Daddy was attacking Ghost Cyber
12856
12857
1285825 Intel.
12859
12860166
12861
12862
12863
12864
128651 A. Yes.
12866
12867
128682 Q. In what way?
12869
12870
128713 A. Did you read -- I'm sorry, I'm not trying
12872
12873
128744 to be sarcastic, but did you read these Tweets?
12875
12876
128775 Q. I'll be quite frank about you, none of
12878
12879
128806 this makes any sense to me.
12881
12882
128837 A. Okay.
12884
12885
128868 Q. So tell me what Tweets you think are
12887
12888
128899 indicia of, quote, trolling.
12890
12891
1289210 A. Whoever is behind the Candice, my
12893
12894
1289511 business partner, account has been Tweeting a lot
12896
12897
1289812 behind the Kevin account too. They're attacking
12899
12900
1290113 my business partner and her fianceé.
12902
12903
1290414 Q. When you say that, what are you looking
12905
1290615 at on these sheets of paper?
12907
12908
1290916 A. Page 3 of 6. Don't think we didn't
12910
12911
1291217 notice. This is an account that someone created
12913
12914
1291518 to attack Candice, someone that calls themselves
12916
12917
1291819 Twinkie, Candice's fiancé Kevin.
12919
12920
1292120 Q. Okay, I understand. Is it your
12922
12923
1292421 understanding that the Twitter accounts that uses
12925
12926
1292722 the nomenclature IraelsACG is in some way
12928
12929
1293023 affiliated with Ghost Cyber Intelligence?
12931
12932
1293324 A. No, he was not.
12934
12935
1293625 Q. Do you know why it is, then, that
12937
12938167
12939
12940
12941
12942
129431 Xavior's Daddy would be trolling, quote, unquote,
12944
12945
129462 Israel's ACG? And I'm looking specifically at
12947
12948
129493 this part here.
12950
12951
129524 A. Well, I don't see IsraelsACG on here,
12953
12954
129555 but -- oh, yeah, I guess I do -- why they would be
12956
12957
129586 trolling him?
12959
12960
129617 Q. Let me ask you this: You said Xavior's
12962
12963
129648 Daddy was trolling Ghost Cyber Intel, correct?
12965
12966
129679 A. Yes.
12968
12969
1297010 Q. What does trolling mean?
12971
12972
1297311 A. Can I Urban Dictionary? It means that
12974
12975
1297612 you are responding to as many Tweets that someone
12977
12978
1297913 Tweets as possible just being obnoxious and
12980
12981
1298214 ridiculous.
12983
1298415 Q. Okay. So it's your understanding that
12985
12986
1298716 Xavior's Daddy was trolling Ghost Cyber Intel but
12988
12989
1299017 was not trolling Israel's ACG?
12991
12992
1299318 A. That account was trolling both.
12994
12995
1299619 Q. And what's your understanding of the
12997
12998
1299920 relationship between IsraelsACG and Ghost Cyber
13000
13001
1300221 Intel?
13003
13004
1300522 A. There wasn't one.
13006
13007
1300823 Q. Even though ACG may be an acronym for
13009
13010
1301124 Anonymous Cyber Ghost?
13012
13013
1301425 A. It -- yes.
13015
13016168
13017
13018
13019
13020
130211 Q. Is ACG an acronym for Anonymous Cyber
13022
13023
130242 Ghost?
13025
13026
130273 A. Yes.
13028
13029
130304 Q. How do you know that?
13031
13032
130335 A. Because it's a Twitter account that I
13034
13035
130366 know of, because -- it's a Twitter account that I
13037
13038
130397 know of.
13040
13041
130428 Q. How do you know about that Twitter
13043
13044
130459 account?
13046
13047
1304810 A. It was affiliated with an anonymous
13049
13050
1305111 organization that I was aware of.
13052
13053
1305412 Q. What organization is that?
13055
13056
1305713 A. Ghost Sec.
13058
13059
1306014 Q. And what other Twitter accounts are you
13061
1306215 aware of that were affiliated with GhostSec?
13063
13064
1306516 A. There have been a lot of them.
13066
13067
1306817 Q. Such as?
13069
13070
1307118 A. Ransacker, CommediAnon. I mean, some of
13072
13073
1307419 them have multiples, GhostSec Pie, Watcher,
13075
13076
1307720 Napanthus, Zeus.
13078
13079
1308021 Q. What about @AnonCyb3rGhost?
13081
13082
1308322 A. Yes, I thought we established him
13084
13085
1308623 already.
13087
13088
1308924 Q. I understand that @AnonCyberGhost is a
13090
13091
1309225 Twitter account that's different than all the ones
13093
13094169
13095
13096
13097
13098
130991 you mentioned.
13100
13101
131022 A. I do not follow you.
13103
13104
131053 Q. You know, look, there's a whole lot of
13106
13107
131084 Twitter accounts, and there's some relationship
13109
13110
131115 between certain accounts. And I understood you to
13112
13113
131146 testify that you knew ACG and Israel's ACG stood
13115
13116
131177 for Anonymous Cyber Ghost because that Twitter
13118
13119
131208 account was affiliated with GhostSec.
13121
13122
131239 A. Right, yes.
13124
13125
1312610 Q. What about the Twitter account
13127
13128
1312911 @AnonCyb3rGhost? Is that also affiliated with
13130
13131
1313212 GhostSec?
13133
13134
1313513 A. Yes.
13136
13137
1313814 Q. And who are the person or persons that
13139
1314015 utilize the Twitter account Israel's ACG?
13141
13142
1314316 A. I don't know their identity.
13144
13145
1314617 Q. Is it your testimony under oath that that
13147
13148
1314918 wasn't you?
13150
13151
1315219 A. It is my testimony under oath that it was
13153
13154
1315520 not me.
13156
13157
1315821 Q. And what about the person or persons that
13159
13160
1316122 utilized a Twitter account @AnonCyb3rGhost?
13162
13163
1316423 A. I don't know the identity, and it was not
13165
13166
1316724 me.
13168
13169
1317025 Q. Okay. Do you have any idea why the
13171
13172170
13173
13174
13175
13176
131771 person or persons utilizing the Twitter account
13178
13179
131802 @IsraelsACG would be Tweeting Ms. Scott?
13181
13182
131833 A. I do, because I witnessed it.
13184
13185
131864 Q. So why is it that the person or persons
13187
13188
131895 using this Twitter account @IsraelsACG were
13190
13191
131926 Tweeting Ms. Scott?
13193
13194
131957 A. When I noticed it -- I'm not stating that
13196
13197
131988 this was the first time that he Tweeted her, but
13199
13200
132019 when I noticed him Tweeting her it was because she
13202
13203
1320410 was doxing a veteran, and that was the first time
13205
13206
1320711 I noticed.
13208
13209
1321012 Q. So just so I'm clear, it's your testimony
13211
13212
1321313 here today under oath which the jury will hear
13214
13215
1321614 that the only reason the person or persons using
13217
1321815 the Twitter account @IsraelsACG started Tweeting
13219
13220
1322116 Ms. Scott is because she doxed a veteran, as
13222
13223
1322417 opposed to the fact that you were affiliated or in
13225
13226
1322718 some way related to Ghost Security; is that right?
13228
13229
1323019 MR. LOTT: Hang on, hang on. Object to
13231
13232
1323320 the form of the question, but you can answer it.
13234
13235
1323621 Go ahead, if you can answer it.
13237
13238
1323922 Do you need him to repeat the question?
13240
13241
1324223 Court reporter, can you repeat the question for
13243
13244
1324524 her, please.
13246
13247
1324825 MR. DAVIS: We'll get to that in a
13249
13250171
13251
13252
13253
13254
132551 minute.
13256
13257
132582 (Defendant's Exhibit 39 marked)
13259
13260
132613 BY MR. DAVIS:
13262
13263
132644 Q. I'm going to show you what's been marked
13265
13266
132675 as Exhibit 39.
13268
13269
132706 MR. LOTT: So the record is clear, we're
13271
13272
132737 moving on from that prior question.
13274
13275
132768 MR. DAVIS: Yeah, we'll get to that
13277
13278
132799 later.
13280
13281
1328210 BY MR DAVIS:
13283
13284
1328511 Q. And, for the record, Exhibit 39 is a
13286
13287
1328812 portion of your document production labeled 4 and
13289
13290
1329113 5. And who is Dale Bolenbaugh?
13292
13293
1329414 A. He is a major with Cobb County PD.
13295
1329615 Q. And why is it that you were e-mailing
13297
13298
1329916 Mr. Bolenbaugh in September 2017?
13300
13301
1330217 A. Because I -- let's just call it a sense
13303
13304
1330518 of desperation to end what seems to be never
13306
13307
1330819 ending.
13309
13310
1331120 Q. Ms. Lennox, your business partner, filed
13312
13313
1331421 a criminal complaint with Cobb County against
13315
13316
1331722 Ms. Scott, correct?
13318
13319
1332023 A. Not that I'm aware of.
13321
13322
1332324 Q. Well, Mr. Bolenbaugh works for Cobb
13324
13325
1332625 County Police, correct?
13327
13328172
13329
13330
13331
13332
133331 A. I'm sorry, can you clarify criminal
13334
13335
133362 complaint?
13337
13338
133393 Q. You're aware that Ms. Lennox, your
13340
13341
133424 business partner, made some complaint about
13343
13344
133455 Ms. Scott to Cobb County law enforcement, correct?
13346
13347
133486 A. I don't know exactly what you mean. I
13349
13350
133517 thought her -- the only report that I remember her
13352
13353
133548 making -- no, I don't remember her making a report
13355
13356
133579 to Cobb County. I may not be aware of it or I may
13358
13359
1336010 just not remember it.
13361
13362
1336311 Q. Here's an email from you to
13364
13365
1336612 Mr. Bolenbaugh. Mr. Bolenbaugh works in some
13367
13368
1336913 capacity for Cobb County law enforcement, correct?
13370
13371
1337214 A. Yes.
13373
1337415 Q. And how is it that you knew to email
13375
13376
1337716 Mr. Bolenbaugh about Ms. Scott?
13378
13379
1338017 A. I'm just trying to remember to make sure
13381
13382
1338318 I don't lie.
13384
13385
1338619 I was questioned at one point about the
13387
13388
1338920 ongoing issues, you know, not officially, but
13390
13391
1339221 asked, and I provided a statement in writing via
13393
13394
1339522 email to a detective. I believe that he was the
13396
13397
1339823 one who gave me Dale Bolenbaugh's name or email
13399
13400
1340124 address, I believe.
13402
13403
1340425 Q. Do you recall the name of the person
13405
13406173
13407
13408
13409
13410
134111 who --
13412
13413
134142 A. Over --
13415
13416
134173 Q. Do you recall the name of the person who
13418
13419
134204 questioned you?
13421
13422
134235 A. Craig Dong, if that's correct.
13424
13425
134266 Q. And do you know why it is Mr. Dong was
13427
13428
134297 questioning you?
13430
13431
134328 A. Had to do with Ms. Scott wanting her case
13433
13434
134359 investigated. She was fishing for an
13436
13437
1343810 investigation, and best to -- the best that I
13439
13440
1344111 could tell, discern, and from what they said, they
13442
13443
1344412 were trying to investigate.
13445
13446
1344713 Q. Okay. So it's your understanding that
13448
13449
1345014 the only reason you had communications with Cobb
13451
1345215 County law enforcement is because Ms. Scott had
13453
13454
1345516 asked them to get involved; is that right?
13456
13457
1345817 A. No, I didn't say it was the only reason.
13459
13460
1346118 Q. Okay. You're aware that Ms. Lennox
13462
13463
1346419 reached out to Cobb County law enforcement about
13465
13466
1346720 Ms. Scott, correct?
13468
13469
1347021 A. You're qualifying it with reached out.
13471
13472
1347322 I'm not aware that she reached out, no. I think
13474
13475
1347623 that's a qualification meaning that she initiated
13477
13478
1347924 a conversation. Correct?
13480
13481
1348225 MR. DAVIS: Let's take a break for a
13483
13484174
13485
13486
13487
13488
134891 minute.
13490
13491
134922 (Recess 3:16 p.m.-3:18 p.m.)
13493
13494
134953 BY MR. DAVIS:
13496
13497
134984 Q. Okay. Thank you for your patience.
13499
13500
135015 A. No problem.
13502
13503
135046 Q. Are you aware that Ms. Lennox tried to
13505
13506
135077 obtain a temporary restraining order against
13508
13509
135108 Ms. Scott back in 2015?
13511
13512
135139 A. Yes, that I'm aware of.
13514
13515
1351610 Q. In an email which is marked Exhibit 39
13517
13518
1351911 you say, When Ducky began harassing Stacey Lennox
13520
13521
1352212 and I; is that correct?
13523
13524
1352513 A. Yes.
13526
13527
1352814 Q. How is it that you know Ducky was
13529
1353015 harassing Stacey Lennox?
13531
13532
1353316 A. Because she was posting our picture.
13534
13535
1353617 Q. You also had conversations with
13537
13538
1353918 Ms. Lennox about Ms. Scott's purported harassment,
13540
13541
1354219 correct?
13543
13544
1354520 A. Yes.
13546
13547
1354821 Q. And you and Ms. Lennox both decided to
13549
13550
1355122 communicate with the Cobb County Police Department
13552
13553
1355423 or some Cobb County law enforcement agency with
13555
13556
1355724 respect to your complaints about Ms. Scott's
13558
13559
1356025 behavior, correct?
13561
13562175
13563
13564
13565
13566
135671 A. We were asked to.
13568
13569
135702 Q. By Craig Dong?
13571
13572
135733 A. I believe so, yes.
13574
13575
135764 Q. Are you aware that you made your
13577
13578
135795 complaint about the Garner, North Carolina Police
13580
13581
135826 Department on almost exactly the same day that
13583
13584
135857 Ms. Lennox applied for a restraining order in
13586
13587
135888 Georgia?
13589
13590
135919 A. Almost exactly the same day?
13592
13593
1359410 Q. Yes.
13595
13596
1359711 A. I'm sure I knew at the time that -- I
13598
13599
1360012 was -- I'm sure I was aware of that at one time,
13601
13602
1360313 yeah.
13604
13605
1360614 Q. If I represented to you that you filed
13607
1360815 your complaint with the Garner, North Carolina
13609
13610
1361116 Police Department on almost the same day that
13612
13613
1361417 Ms. Lennox applied for a temporary restraining
13615
13616
1361718 order in Georgia, do you have any reason to doubt
13618
13619
1362019 the accuracy of that statement?
13621
13622
1362320 A. I don't have any reason to doubt the
13624
13625
1362621 accuracy of that statement.
13627
13628
1362922 Q. And the fact that you and Ms. Lennox took
13630
13631
1363223 those actions at or about the same time was a
13633
13634
1363524 result of coordination between you two to get
13636
13637
1363825 something on the record about Ms. Scott with your
13639
13640176
13641
13642
13643
13644
136451 respective law enforcement agencies, correct?
13646
13647
136482 A. That's a misrepresentation.
13649
13650
136513 Q. How do you explain the similarity in
13652
13653
136544 timing between you and Ms. Lenox's action?
13655
13656
136575 A. The similarity in timing with what Stacey
13658
13659
136606 and I did was because of the similarity in
13661
13662
136637 treatment that we were getting from your client.
13664
13665
136668 Q. So is it your testimony that you never
13667
13668
136699 talked to Ms. Lennox about the fact that you were
13670
13671
1367210 going to go complain to the North Carolina police
13673
13674
1367511 and she was going to go --
13676
13677
1367812 A. No, it is not my testimony that I never
13679
13680
1368113 spoke with her about it.
13682
13683
1368414 Q. Did you know when you were going to go
13685
1368615 complain to the Garner, North Carolina police that
13687
13688
1368916 Ms. Lennox was going to go try and get a
13690
13691
1369217 restraining order in Georgia?
13693
13694
1369518 A. I'm sure I did know.
13696
13697
1369819 Q. And you had known that from
13699
13700
1370120 communications with Ms. Lennox, correct?
13702
13703
1370421 A. Of course. We were business partners.
13705
13706
1370722 Q. And you have been a business partner with
13708
13709
1371023 Ms. Lennox since 2015 to present, correct?
13711
13712
1371324 A. Yes.
13714
13715
1371625 Q. And you've continued to have
13717
13718177
13719
13720
13721
13722
137231 conversations with Ms. Lennox about Ms. Scott
13724
13725
137262 during that entire time.
13727
13728
137293 A. Every time she posts something about me
13730
13731
137324 probably it comes up in a conversation at some
13733
13734
137355 point between Stacey and I, yes. Again, the --
13736
13737
137386 Q. Go ahead.
13739
13740
137417 A. The conversations Stacey and I have about
13742
13743
137448 Ms. Scott are driven by the things that Ms. Scott
13745
13746
137479 says, does, and posts.
13748
13749
1375010 Q. I understand what you're saying. That
13751
13752
1375311 makes sense. What I'm trying to get at is are you
13754
13755
1375612 and Ms. Lennox communicating and coordinating with
13757
13758
1375913 respect to your activities about Ms. Scott?
13760
13761
1376214 A. We communicate. We do not coordinate.
13763
1376415 It's a big difference.
13765
13766
1376716 Q. You got a protective order in North
13768
13769
1377017 Carolina back in 2015?
13771
13772
1377318 A. I did not. I was referred to the
13774
13775
1377619 magistrate.
13777
13778
1377920 Q. You did get an arrest warrant
13780
13781
1378221 successfully issued in North Carolina, correct?
13783
13784
1378522 A. That was where family court referred me
13786
13787
1378823 after reviewing the case, and Ms. Scott's lawyer
13789
13790
1379124 was present when the judge told me that it was
13792
13793
1379425 criminal.
13795
13796178
13797
13798
13799
13800
138011 Q. All I'm asking is was an arrest warrant
13802
13803
138042 issued?
13805
13806
138073 A. I'm just explaining, yes.
13808
13809
138104 Q. Okay.
13811
13812
138135 A. But it was after. So the restraining
13814
13815
138166 order hearing was first. The judge referred me to
13817
13818
138197 the magistrate. It wasn't something that I did
13820
13821
138228 immediately. It was precipitated by a visit from
13823
13824
138259 my police department telling me that I was
13826
13827
1382810 harassing Ms. Scott's child, which I wasn't doing.
13829
13830
1383111 At that point I wasn't even aware that she had a
13832
13833
1383412 child, and I had not seen anyone on line that was
13835
13836
1383713 involved in all this mention a child. I don't
13838
13839
1384014 know -- even know where that came from. And then
13841
1384215 the call to my husband's employer.
13843
13844
1384516 I'm going to answer this fully.
13846
13847
1384817 Then the call to my husband's employer.
13849
13850
1385118 Those things happened in December, two months
13852
13853
1385419 after the restraining order. The police officer
13855
13856
1385720 that visited my house, he didn't urge me to go to
13858
13859
1386021 the magistrate, but he strongly suggested that I
13861
13862
1386322 go to the magistrate, and that's how that
13864
13865
1386623 happened.
13867
13868
1386924 Q. Are you aware that the arrest warrant --
13870
13871
1387225 or the charges against Ms. Scott in North Carolina
13873
13874179
13875
13876
13877
13878
138791 were dismissed?
13880
13881
138822 A. I am now.
13883
13884
138853 Q. How did you become aware of that?
13886
13887
138884 A. You're --
13889
13890
138915 Q. Document production?
13892
13893
138946 A. Yes, your document production, thank you.
13895
13896
138977 Q. So you would agree, then, that the State
13898
13899
139008 of North Carolina apparently concluded there was
13901
13902
139039 insufficient evidence that Ms. Scott, in fact,
13904
13905
1390610 cyberharassed you -- cyberstalked you, correct?
13907
13908
1390911 A. That's the way that I read the dismissal,
13910
13911
1391212 yes.
13913
13914
1391513 Q. I want to show you what's marked as
13916
13917
1391814 Exhibit 40.
13919
1392015 (Defendant's Exhibit 40 marked)
13921
13922
1392316 BY MR. DAVIS:
13924
13925
1392617 Q. And I want to ask you about the
13927
13928
1392918 information that starts on page 4. And page 4
13930
13931
1393219 has -- starts with a numbered list. Number 1
13933
13934
1393520 says, Plaintiff's website is temporarily offline.
13936
13937
1393821 Do you see that?
13939
13940
1394122 A. Where?
13942
13943
1394423 Q. Page 4, the paragraph that's labeled
13945
13946
1394724 number 1.
13948
13949
1395025 A. Right, yeah. I'm sorry, I see.
13951
13952180
13953
13954
13955
13956
139571 Q. When you say, Plaintiff's website is
13958
13959
139602 temporarily offline, what website are you
13961
13962
139633 referring to?
13964
13965
139664 A. Buzz Strategies, BuzzStrat.com.
13967
13968
139695 Q. And is that website still off line?
13970
13971
139726 A. It is.
13973
13974
139757 Q. When was it taken down?
13976
13977
139788 A. I don't remember the exact date. It
13979
13980
139819 would have been somewhere between I believe
13982
13983
1398410 January and March of 2017.
13985
13986
1398711 Q. And Buzz Strategies' website was taken
13988
13989
1399012 down by Buzz Strategies, correct?
13991
13992
1399313 A. Oh, yeah.
13994
13995
1399614 Q. And the reason why Buzz Strategies took
13997
1399815 down its website is because Ms. Scott was posting
13999
14000
1400116 Buzz Strategies' business address on line; is that
14002
14003
1400417 right?
14005
14006
1400718 A. I'm just trying to place exactly what
14008
14009
1401019 post, and this was put in here because of
14011
14012
1401320 something that I forwarded, and I can't put my
14014
14015
1401621 head -- can't wrap my head around exactly what
14017
14018
1401922 post it was. So I believe so, yes.
14020
14021
1402223 Q. Okay. So just so the record's clear, you
14023
14024
1402524 believe that Buzz Strategies took its website off
14026
14027
1402825 line because Ms. Scott posted its business address
14029
14030181
14031
14032
14033
14034
140351 on the internet.
14036
14037
140382 A. I think so, yes.
14039
14040
140413 Q. And are you aware that Buzz Strategies'
14042
14043
140444 business address is publicly available information
14045
14046
140475 through the Secretary of State in North Carolina?
14048
14049
140506 A. Yes.
14051
14052
140537 Q. I want to ask you about number 2. Number
14054
14055
140568 2 says, All 2016 fundraising campaigns were
14057
14058
140599 canceled, do you see that?
14060
14061
1406210 A. Yes.
14063
14064
1406511 Q. Okay. Buzz Strategies canceled those
14066
14067
1406812 campaigns?
14069
14070
1407113 A. And I've said this I think like five or
14072
14073
1407414 six times now. But Buzz Strategies and the
14075
1407615 clients came to the decision it was best to cancel
14077
14078
1407916 the campaign. So we did not make -- we did not
14080
14081
1408217 make the decision alone.
14083
14084
1408518 Q. Who's the main point of contact at 4 Tier
14086
14087
1408819 Strategies right now?
14089
14090
1409120 A. That would be John LaRosa.
14092
14093
1409421 Q. And do you have his phone number there in
14095
14096
1409722 your phone?
14098
14099
1410023 A. We sent you that.
14101
14102
1410324 Q. Okay. I think I know what you're talking
14104
14105
1410625 about.
14107
14108182
14109
14110
14111
14112
141131 A. Uh-huh.
14114
14115
141162 Q. And where is 4 Tier Strategies located?
14117
14118
141193 A. It's in Massachusetts. We gave you
14120
14121
141224 this --
14123
14124
141255 Q. I know what you're talking about.
14126
14127
141286 A. Right.
14129
14130
141317 Q. I just want to make sure I can reach
14132
14133
141348 Mr. LaRosa. All right.
14135
14136
141379 Number 3, it says the fundraising model
14138
14139
1414010 you developed was shelved. Do you see that?
14141
14142
1414311 A. Uh-huh.
14144
14145
1414612 Q. By shelved, do you mean that Buzz
14147
14148
1414913 Strategies decided not to roll out this new
14150
14151
1415214 fundraising model?
14153
1415415 A. Yes.
14155
14156
1415716 Q. Okay. And even though this says
14158
14159
1416017 Plaintiff, what it actually means is Buzz
14161
14162
1416318 Strategies, correct?
14164
14165
1416619 A. Yes.
14167
14168
1416920 Q. Number 4 says, Plaintiff is unable to
14170
14171
1417221 post, promote or use client testimonials. Do you
14173
14174
1417522 see that?
14176
14177
1417823 A. Yes.
14179
14180
1418124 Q. And Plaintiff actually means Buzz
14182
14183
1418425 Strategies, correct?
14185
14186183
14187
14188
14189
14190
141911 A. Yes.
14192
14193
141942 Q. And with the website down, how is it that
14195
14196
141973 you would have -- Buzz Strategies would have used
14198
14199
142004 client testimonials?
14201
14202
142035 A. Were it not for all this, the website
14204
14205
142066 wouldn't be down.
14207
14208
142097 Q. I'm just trying to make sure I understand
14210
14211
142128 the relationship of the two. So is it because
14213
14214
142159 Buzz Strategies took its website down, it could
14216
14217
1421810 not post any client testimonials on its website,
14219
14220
1422111 correct?
14222
14223
1422412 A. Yes.
14225
14226
1422713 Q. And there's no other place where
14228
14229
1423014 testimonials that are favorable to Buzz Strategies
14231
1423215 would be posted on the internet besides Buzz
14233
14234
1423516 Strategies' website, is there?
14236
14237
1423817 A. Any other place that we would post on, we
14239
14240
1424118 probably shouldn't.
14242
14243
1424419 Q. Has Buzz Strategies ever posted a client
14245
14246
1424720 testimonial anywhere on the internet besides its
14248
14249
1425021 website?
14251
14252
1425322 A. Our website went up maybe 60 days before
14254
14255
1425623 J.D. Winteregg got his first Tweet from Ms. Scott.
14257
14258
1425924 So no. We've never posted any client anything
14260
14261
1426225 since then.
14263
14264184
14265
14266
14267
14268
142691 Q. So the answer to my question was no.
14270
14271
142722 A. Uh-huh. Yes. The answer is no.
14273
14274
142753 Q. Number 5, how is it that working through
14276
14277
142784 a subcontracting agency hinders your ability to
14279
14280
142815 develop new business?
14282
14283
142846 A. We rely on their pitch, and we're not
14285
14286
142877 able to make our own pitch.
14288
14289
142908 Q. So is your current relationship
14291
14292
142939 essentially that you're an independent contractor
14294
14295
1429610 for some advertising or fundraising firm as
14297
14298
1429911 opposed to owning your own firm?
14300
14301
1430212 A. That's a fair assessment, yeah.
14303
14304
1430513 Q. Okay. I'm just trying to understand.
14306
14307
1430814 A. Yeah.
14309
1431015 Q. And you believe that if Buzz Strategies
14311
14312
1431316 was going out and soliciting business it would
14314
14315
1431617 have more success than the agency that you're
14317
14318
1431918 currently subcontracting to?
14320
14321
1432219 A. I know that it would, and it would have
14323
14324
1432520 over the past year and a half.
14326
14327
1432821 Q. And how is it you know that?
14329
14330
1433122 A. I just know.
14332
14333
1433423 Q. How?
14335
14336
1433724 A. Because I've got 30 years of experience
14338
14339
1434025 in this, so . . .
14341
14342185
14343
14344
14345
14346
143471 Q. And in light of your experience, what
14348
14349
143502 facts is it that you're aware of that allow you to
14351
14352
143533 conclude you would have done better if you'd been
14354
14355
143564 soliciting business as opposed to the agency
14357
14358
143595 you're contracting with?
14360
14361
143626 A. For one thing, you can negotiate a
14363
14364
143657 different rate. When you're subcontracting
14366
14367
143688 there's a pass-through and somebody's taking
14369
14370
143719 something off the top. So that's number one.
14372
14373
1437410 Q. What is that percentage?
14375
14376
1437711 A. It depends on the relationship and who
14378
14379
1438012 you're working with.
14381
14382
1438313 Q. Let me put it this way: Are you suing
14384
14385
1438614 Ms. Scott because your ability to develop new
14387
1438815 business has been hampered as a result of having
14389
14390
1439116 to work through a subcontracting agency?
14392
14393
1439417 A. Again, specifically, there was not a
14395
14396
1439718 monetary claim made for a dollar amount for that
14398
14399
1440019 specific thing, so --
14401
14402
1440320 Q. So are you suing Ms. Scott because you
14404
14405
1440621 are hampered in your ability to develop new
14407
14408
1440922 business since Buzz Strategies can't go out and
14410
14411
1441223 pitch its own business?
14413
14414
1441524 A. Yes.
14416
14417
1441825 Q. So what I need to be able to establish,
14419
14420186
14421
14422
14423
14424
144251 then, is the amount of money.
14426
14427
144282 A. Okay.
14429
14430
144313 Q. All right. And you testified that you
14432
14433
144344 think Buzz Strategies would have more business if
14435
14436
144375 it was able to pitch itself as opposed to you
14438
14439
144406 having to work through a subcontractor.
14441
14442
144437 A. I think we would, and I think we would
14444
14445
144468 have over the past year.
14447
14448
144499 Q. And I understand that. What I'm trying
14450
14451
1445210 to get to is why is it you think that's true. And
14453
14454
1445511 the only thing you've identified so far is
14456
14457
1445812 because, well, because I'm a subcontractor the
14459
14460
1446113 firm I work with takes a percentage off the top.
14462
14463
1446414 A. That's true.
14465
1446615 Q. Are there other reasons why you think
14467
14468
1446916 having to subcontract has hampered your business?
14470
14471
1447217 A. I can't think of one off the top of my
14473
14474
1447518 head.
14476
14477
1447819 Q. And you said that the percentage the firm
14479
14480
1448120 you contract with takes from you varies based on
14482
14483
1448421 the job or the relationship. What's the range
14485
14486
1448722 we're talking about?
14488
14489
1449023 A. I'd say 20 to 30 percent.
14491
14492
1449324 Q. And if a jury wanted to have information
14494
14495
1449625 necessary to arrive at an amount of money you
14497
14498187
14499
14500
14501
14502
145031 actually lost because of that percentage takeoff,
14504
14505
145062 what information can you give it?
14507
14508
145093 A. Receivables.
14510
14511
145124 Q. Have you provided any of that information
14513
14514
145155 to us?
14516
14517
145186 A. No.
14519
14520
145217 Q. But you have it, correct?
14522
14523
145248 A. Yes.
14525
14526
145279 Q. Do you personally subcontract with this
14528
14529
1453010 firm, or does Buzz Strategies?
14531
14532
1453311 A. Buzz Strategies.
14534
14535
1453612 Q. And can you identify any clients that you
14537
14538
1453913 believe Buzz Strategies would have been able to
14540
14541
1454214 enter into a business relationship with but for
14543
1454415 your current subcontracting relationship?
14545
14546
1454716 A. No.
14548
14549
1455017 Q. Can you identify any business opportunity
14551
14552
1455318 that you think Buzz Strategies would have been
14554
14555
1455619 able to enter into but for your current
14557
14558
1455920 subcontracting arrangement?
14560
14561
1456221 A. No.
14563
14564
1456522 Q. All right. Number 6, which is on the
14566
14567
1456823 next page, says, Due to FEC reporting
14569
14570
1457124 requirements, Plaintiff is unable to take on any
14572
14573
1457425 new business with political campaigns. Do you see
14575
14576188
14577
14578
14579
14580
145811 that?
14582
14583
145842 A. Uh-huh.
14585
14586
145873 Q. Can you explain that to me? And I know
14588
14589
145904 about Winteregg and Ms. Scott alleged an FEC
14591
14592
145935 violation. But what is it about FEC reporting
14594
14595
145966 requirements that creates this problem?
14597
14598
145997 A. We would show up on a report and then
14600
14601
146028 Ms. Scott would be able to find who we were
14603
14604
146059 working for and same thing all over again.
14606
14607
1460810 Q. Okay. So the federal election commission
14609
14610
1461111 requires campaign fundraising organizations to
14612
14613
1461412 make disclosures, correct?
14615
14616
1461713 A. Right.
14618
14619
1462014 Q. So if Buzz Strategies raised funds for
14621
1462215 political campaigns you'd have to disclose that to
14623
14624
1462516 the FEC, right?
14626
14627
1462817 A. Right.
14629
14630
1463118 Q. And you're afraid that Ms. Scott would
14632
14633
1463419 find that information and Tweet the candidate or
14635
14636
1463720 candidates that Buzz Strategies was raising money
14638
14639
1464021 for.
14641
14642
1464322 A. Yep.
14644
14645
1464623 Q. All right. I'm going to show you what
14647
14648
1464924 we'll mark as Exhibit 41.
14650
14651
1465225 (Defendant's Exhibit 41 marked)
14653
14654189
14655
14656
14657
14658
146591 BY MR DAVIS:
14660
14661
146622 Q. Then is this a portion of the website for
14663
14664
146653 Ghost Cyber Intelligence?
14666
14667
146684 A. It is.
14669
14670
146715 Q. And you said you ended your relationship
14672
14673
146746 with that company earlier in 2017.
14675
14676
146777 A. I did.
14678
14679
146808 Q. Let me show you what we'll mark as
14681
14682
146839 Exhibit 42.
14684
14685
1468610 (Defendant's Exhibit 42 marked)
14687
14688
1468911 BY MR DAVIS:
14690
14691
1469212 Q. And Exhibit 42 I printed off from the
14693
14694
1469513 Georgia Secretary of State website. This says
14696
14697
1469814 that you and Candice Hampton, a/k/a Candice
14699
1470015 Lanier, were both general partners of Cyber Ghost
14701
14702
1470316 Intelligence, is that right?
14704
14705
1470617 A. Yes. That's a yes. And it's Ghost Cyber
14707
14708
1470918 Intelligence.
14710
14711
1471219 Q. I apologize if I misspoke.
14713
14714
1471520 A. That's okay.
14716
14717
1471821 Q. Were there limited partners in Ghost
14719
14720
1472122 Cyber Intelligence?
14722
14723
1472423 A. Not listed here, you mean?
14725
14726
1472724 Q. Period. Does Ghost Cyber Intelligence
14728
14729
1473025 have limited partners?
14731
14732190
14733
14734
14735
14736
147371 A. No. Not to my knowledge. There was a
14738
14739
147402 partner brought -- just to qualify, there was a
14741
14742
147433 partner, another partner brought in when I left,
14744
14745
147464 paperwork was signed, and, you know, they were
14747
14748
147495 supposed to move things over on their own to have
14750
14751
147526 control of it.
14753
14754
147557 The -- I don't know what the timing of
14756
14757
147588 that was and I don't know if anyone else was
14759
14760
147619 brought in after I separated, and what the timing
14762
14763
1476410 of the paperwork was. So just to qualify my
14765
14766
1476711 answer, I don't know what happened when I left.
14768
14769
1477012 But as of the time that I left, no other
14771
14772
1477313 partners --
14774
14775
1477614 Q. That's helpful.
14777
1477815 A. -- of any kind.
14779
14780
1478116 (Defendant's Exhibit 43 marked)
14782
14783
1478417 BY MR. DAVIS:
14785
14786
1478718 Q. I'm going to show you what we'll mark as
14788
14789
1479019 Exhibit 43. Exhibit 43, does this appear to be a
14791
14792
1479320 portion of Ghost Cyber Intelligence's website?
14794
14795
1479621 A. Yeah, it is.
14797
14798
1479922 Q. This says that GCI was founded by former
14800
14801
1480223 GhostSec members. GhostSec was a group of ethical
14803
14804
1480524 hackers focused on counterterrorism. See that?
14806
14807
1480825 A. Yeah.
14809
14810191
14811
14812
14813
14814
148151 Q. Were you one of the founders of GCI?
14816
14817
148182 A. I was.
14819
14820
148213 Q. And are you a former GhostSec member?
14822
14823
148244 MR. LOTT: If you can answer, you can.
14825
14826
148275 A. I can't answer.
14828
14829
148306 BY MR DAVIS:
14831
14832
148337 Q. Sorry, what?
14834
14835
148368 A. I can't answer that question.
14837
14838
148399 Q. Why is that?
14840
14841
1484210 MR. LOTT: Is this about the NDA?
14843
14844
1484511 THE WITNESS: Uh-huh.
14846
14847
1484812 MR. LOTT: My understanding is part of
14849
14850
1485113 the contract with DOD, as a subcontractor they had
14852
14853
1485414 to sign an NDA agreement, and there are certain
14855
1485615 things that she can't disclose.
14857
14858
1485916 MR. DAVIS: Do you have a copy of the
14860
14861
1486217 NDA?
14863
14864
1486518 MR. LOTT: I do not.
14866
14867
1486819 THE WITNESS: We'll get one.
14869
14870
1487120 MR. DAVIS: All right. Well, I'll just
14872
14873
1487421 say this.
14875
14876
1487722 BY MR DAVIS:
14878
14879
1488023 Q. I understand you said you have a
14881
14882
1488324 nondisclosure agreement with the department of
14884
14885
1488625 defense that precludes you from disclosing, among
14887
14888192
14889
14890
14891
14892
148931 other things, whether you were a former member of
14894
14895
148962 GhostSec, is that accurate?
14897
14898
148993 A. Accurate.
14900
14901
149024 Q. And you have represented that you will
14903
14904
149055 provide me with a copy of the nondisclosure
14906
14907
149086 agreement?
14909
14910
149117 A. Yes.
14912
14913
149148 MR. LOTT: Subject to our review. We
14915
14916
149179 haven't seen it yet.
14918
14919
1492010 THE WITNESS: Oh, sorry.
14921
14922
1492311 MR. DAVIS: Yeah. And we'll see what it
14924
14925
1492612 says, I guess.
14927
14928
1492913 BY MR. DAVIS:
14930
14931
1493214 Q. You know, I mean, if -- well, were you a
14933
1493415 party to the nondisclosure agreement or was Ghost
14935
14936
1493716 Cyber Intelligence, or do you know?
14938
14939
1494017 A. There are several iterations of it.
14941
14942
1494318 The -- so both.
14944
14945
1494619 Q. Okay.
14947
14948
1494920 A. Both.
14950
14951
1495221 Q. And if there's a nondisclosure agreement
14953
14954
1495522 why is it that the publicly available information
14956
14957
1495823 on Ghost Cyber Intelligence's website discloses
14959
14960
1496124 the fact that its members are former GhostSec
14962
14963
1496425 members?
14965
14966193
14967
14968
14969
14970
149711 A. There are no names named, and -- but
14972
14973
149742 generally, this is Candice, not me. And just
14975
14976
149773 because Candice would choose to do this doesn't
14978
14979
149804 mean that I would be comfortable doing it.
14981
14982
149835 Q. So is it your testimony that this
14984
14985
149866 information was not part of Ghost Cyber
14987
14988
149897 Intelligence's website during the time you worked
14990
14991
149928 at Ghost Cyber Intelligence?
14993
14994
149959 A. No, it's not my -- it's not my testimony.
14996
14997
1499810 I'm not 100 percent sure what Candice had on the
14999
15000
1500111 website then or what she has on it now. It's my
15002
15003
1500412 testimony she controlled the website, and just
15005
15006
1500713 because she would do it doesn't mean that I would.
15008
15009
1501014 Q. Okay. Were you or have you ever been an
15011
1501215 ethical hacker focused on counterterrorism?
15013
15014
1501516 A. As I told you before, I was an analyst.
15016
15017
1501817 I've never been a hacker of any kind -- well -- in
15019
15020
1502118 my life, hacker.
15022
15023
1502419 Q. What's your understanding of what
15025
15026
1502720 GhostSec is? An unincorporated organization or
15028
15029
1503021 affiliation of persons who --
15031
15032
1503322 A. GhostSec is nothing. It's no longer. It
15034
15035
1503623 was retired when GCI was created.
15037
15038
1503924 Q. What is your understanding of what
15040
15041
1504225 GhostSec was? An unaffiliated organization of
15043
15044194
15045
15046
15047
15048
150491 persons who took it upon themselves to conduct
15050
15051
150522 counterterrorism operations through the internet?
15053
15054
150553 A. Yeah, yep. That's pretty good. Is that
15056
15057
150584 what she calls it here?
15059
15060
150615 Q. No. I'm proud to say I came up with that
15062
15063
150646 myself.
15065
15066
150677 A. Yeah. That's actually pretty good.
15068
15069
150708 Q. And when you worked at Ghost Cyber
15071
15072
150739 Intelligence what was your job title?
15074
15075
1507610 A. You would call me a chief communications
15077
15078
1507911 officer.
15080
15081
1508212 Q. And what were your job responsibilities?
15083
15084
1508513 A. Intel analysis and media relations here
15086
15087
1508814 and there.
15089
1509015 Q. Were you involved in operations?
15091
15092
1509316 A. Meaning?
15094
15095
1509617 Q. Fair enough. Were you involved in
15097
15098
1509918 intelligence yet?
15100
15101
1510219 A. Yeah, I had to manage the -- to a
15103
15104
1510520 great -- yeah. I gathered -- yes, just simply
15106
15107
1510821 yes.
15109
15110
1511122 Q. All right.
15112
15113
1511423 Do you know the name of the person or
15115
15116
1511724 persons who use the Twitter handle Commander
15118
15119
1512025 Xavior?
15121
15122195
15123
15124
15125
15126
151271 A. Am I aware of the Twitter account?
15128
15129
151302 Q. Do you know the identity of the person or
15131
15132
151333 persons who use the Twitter handle Commander
15134
15135
151364 Xavior?
15137
15138
151395 A. I do not. I am not.
15140
15141
151426 Q. Did you ever date somebody named Derrick?
15143
15144
151457 A. No.
15146
15147
151488 Q. Did you ever date somebody named Xav?
15149
15150
151519 A. Named what?
15152
15153
1515410 Q. X-A-V, Xav, as I understand it.
15155
15156
1515711 A. No, no.
15158
15159
1516012 Q. Did you ever communicate with Ms. Hampton
15161
15162
1516313 about a person named Xav?
15164
15165
1516614 A. The one that used to be a member of
15167
1516815 GhostSec? Yes. We all communicated about all of
15169
15170
1517116 the old Ghosts.
15172
15173
1517417 Q. So there was a person named Xav who is
15175
15176
1517718 formerly a member of GhostSec.
15178
15179
1518019 A. That's what we established earlier. Oh,
15181
15182
1518320 no, I'm sorry, we didn't. Yes.
15184
15185
1518621 Q. Okay. And when you say we communicated
15187
15188
1518922 about the former members of GhostSec, who is "we"?
15190
15191
1519223 A. Candice and I.
15193
15194
1519524 Q. And are you authorized to disclose the
15196
15197
1519825 other former members of GhostSec?
15199
15200196
15201
15202
15203
15204
152051 A. No.
15206
15207
152082 Q. Even though you just disclosed that Xav
15209
15210
152113 was a former member of GhostSec.
15212
15213
152144 A. Well, not his identity.
15215
15216
152175 Q. So that's a pseudonym?
15218
15219
152206 A. Yes.
15221
15222
152237 Q. And do you know what Twitter accounts
15224
15225
152268 this Xav person was affiliated with?
15227
15228
152299 A. I think -- I believe that you've named
15230
15231
1523210 them all already. So --
15233
15234
1523511 Q. And for my edification, those accounts
15236
15237
1523812 were what?
15239
15240
1524113 A. AnonCyb3rGhost. You said Anonymous Cyber
15242
15243
1524414 Ghost. I've never seen that one. That doesn't
15245
1524615 mean that he never used it. I only -- I only -- I
15247
15248
1524916 never knew who he was until probably November of
15250
15251
1525217 2015.
15253
15254
1525518 Q. I'm not trying to interrupt you, but my
15256
15257
1525819 question was do you know what Twitter accounts Xav
15259
15260
1526120 used.
15262
15263
1526421 A. Yeah, I'm sorry. I was just -- I don't
15265
15266
1526722 know if he ever used AnonCyb3rGhost or not. You
15268
15269
1527023 said that.
15271
15272
1527324 Q. So AnonCyberGhost.
15274
15275
1527625 A. AnonCyberGhost, Commander Xavior,
15277
15278197
15279
15280
15281
15282
152831 IsraelsACG.
15284
15285
152862 (Defendant's Exhibit 44 marked)
15287
15288
152893 BY MR. DAVIS:
15290
15291
152924 Q. I'm going to show you a document that
15293
15294
152955 we'll mark as Exhibit 44. And is this an accurate
15296
15297
152986 representation of a portion of a communication you
15299
15300
153017 had with Candice Lanier?
15302
15303
153048 A. It seems to be. She screenshot it,
15305
15306
153079 so . . .
15308
15309
1531010 Q. Well, does that mean you don't know, or
15311
15312
1531311 you think it is, or you don't think it is, or
15314
15315
1531612 what?
15317
15318
1531913 A. It seems to be.
15320
15321
1532214 Q. The first text bubble here says, I got
15323
1532415 the reply to my case today via Kathy's lawyer --
15325
15326
1532716 sorry, I got the reply to my case via Kathy's
15328
15329
1533017 lawyer today. See that?
15331
15332
1533318 A. Yes.
15334
15335
1533619 Q. That is from you, correct?
15337
15338
1533920 A. Yes.
15340
15341
1534221 Q. And Kathy is Kathy Scott, correct?
15343
15344
1534522 A. Yes.
15346
15347
1534823 Q. Okay. And you go on to say Kathy has
15349
15350
1535124 named co-conspirators, Xav is included but he's my
15352
15353
1535425 sock.
15355
15356198
15357
15358
15359
15360
153611 Do you see that?
15362
15363
153642 A. Yes.
15365
15366
153673 Q. Explain to the jury what a sock is.
15368
15369
153704 A. It's just another Twitter account that
15371
15372
153735 belongs to someone that already has a Twitter
15374
15375
153766 account and it's created for some stupid purpose,
15377
15378
153797 usually.
15380
15381
153828 Q. My understanding is it's short for sock
15383
15384
153859 puppet, is that right?
15386
15387
1538810 A. Sure, yeah.
15389
15390
1539111 Q. I'm not familiar with all the lingo.
15392
15393
1539412 A. Yeah.
15395
15396
1539713 Q. So a sock is a Twitter account created
15398
15399
1540014 for a stupid purpose?
15401
1540215 A. Pretty much. Justice Seeker is a sock.
15403
15404
1540516 Q. A sock account is also an account that
15406
15407
1540817 does not disclose the true identity of the person
15409
15410
1541118 using the account, correct?
15412
15413
1541419 A. If they can get away with it, sure.
15415
15416
1541720 Q. That's the reason why you would create or
15418
15419
1542021 utilize a sock account, isn't it?
15421
15422
1542322 A. I suppose. There's usually another
15424
15425
1542623 reason, to be abusive, to post someone's personal
15427
15428
1542924 information.
15430
15431
1543225 Q. Right. There's no reason to have an
15433
15434199
15435
15436
15437
15438
154391 anonymous Twitter account if you're just posting
15440
15441
154422 pictures of puppies and flowers.
15443
15444
154453 A. Right, to post someone's seven-year-old
15446
15447
154484 nephew, things like that.
15449
15450
154515 Q. So I'm clear, you told Candice Lanier
15452
15453
154546 that Ms. Scott's answer and/or counterclaim
15455
15456
154577 identified Tweets that had been sent by Xav who is
15458
15459
154608 a former member of GhostSec which you're
15461
15462
154639 prohibited by nondisclosure agreement from saying
15464
15465
1546610 if you were as well. Do I understand that's what
15467
15468
1546911 this text means, is that right?
15470
15471
1547212 A. No, I don't understand your question.
15473
15474
1547513 Q. I'm trying to make sure I know what this
15476
15477
1547814 text means. I understand this text to say that
15479
1548015 you got Ms. Scott's answer or counterclaim in this
15481
15482
1548316 lawsuit and you've read it and it says that
15484
15485
1548617 Ms. Scott named co-conspirators, including Xav.
15487
15488
1548918 Is that what you're telling Ms. Lanier here?
15490
15491
1549219 A. Yes.
15493
15494
1549520 Q. Okay. So some of the Tweets referenced
15496
15497
1549821 in Ms. Scott's answer and counterclaim were from
15499
15500
1550122 this Xav person, correct?
15502
15503
1550423 A. Actually, no. It was in one of the --
15505
15506
1550724 one of the claims that she made was specifically
15508
15509
1551025 that Israels ACG was either me, Stacey, or Jodi.
15511
15512200
15513
15514
15515
15516
155171 Q. And you're saying that's not true, it was
15518
15519
155202 actually Xav.
15521
15522
155233 A. Yes.
15524
15525
155264 Q. Okay. And Xav is a former member of
15527
15528
155295 GhostSec, right?
15530
15531
155326 A. Yes.
15533
15534
155357 Q. And you're prohibited from a
15536
15537
155388 nondisclosure agreement with the department of
15539
15540
155419 defense which you don't have from disclosing
15542
15543
1554410 whether you were a former member of GhostSec,
15545
15546
1554711 right?
15548
15549
1555012 A. Yeah.
15551
15552
1555313 Q. Okay. And you are former general partner
15554
15555
1555614 of a cyber security firm called Ghost Cyber
15557
1555815 Intelligence, right?
15559
15560
1556116 A. Yes.
15562
15563
1556417 Q. And Ghost Cyber Intelligence was founded
15565
15566
1556718 by former GhostSec members, correct?
15568
15569
1557019 A. Yes.
15571
15572
1557320 Q. And it's your testimony here today that
15574
15575
1557621 the only reason Xav sent Tweets to or about
15577
15578
1557922 Ms. Scott is because she, quote, doxed State
15580
15581
1558223 Patriot.
15583
15584
1558524 A. This is twice I've said that is not my
15586
15587
1558825 testimony that that is the only reason. That was
15589
15590201
15591
15592
15593
15594
155951 where I saw it. That's where I first noticed him.
15596
15597
155982 I didn't even know him before that.
15599
15600
156013 Q. So what's your understanding of why Xav
15602
15603
156044 was Tweeting to or about Ms. Scott?
15605
15606
156075 A. I don't have an understanding other than
15608
15609
156106 what I've already told you.
15611
15612
156137 Q. And so I'm clear, what you told me is you
15614
15615
156168 don't know, other than the fact that you first saw
15617
15618
156199 this person sending out Tweets after Ms. Scott
15620
15621
1562210 doxed a patriot.
15623
15624
1562511 A. Correct.
15626
15627
1562812 Q. And so the jury understands, dox means
15629
15630
1563113 disclosing the true identity of a Twitter account?
15632
15633
1563414 A. Yes.
15635
1563615 Q. And who is the, quote, unquote, patriot
15637
15638
1563916 we're talking about?
15640
15641
1564217 A. Stephen Hamilton.
15643
15644
1564518 Q. And do you have any understanding of why
15646
15647
1564819 Xav cares one bit about Stephen Hamilton?
15649
15650
1565120 A. No, not for sure, no.
15652
15653
1565421 Q. Do you have some idea about why Xav would
15655
15656
1565722 care about somebody named Stephen Hamilton?
15658
15659
1566023 A. He just cares about veterans in general,
15661
15662
1566324 is my understanding.
15664
15665
1566625 Q. So it's your testimony to the jury that
15667
15668202
15669
15670
15671
15672
156731 Xav spends his time going through Twitter looking
15674
15675
156762 for people harassing veterans and just happened to
15677
15678
156793 find Ms. Scott's Tweets?
15680
15681
156824 A. No, that's not my testimony either.
15683
15684
156855 Q. Okay. How is it that you think Xav found
15686
15687
156886 Ms. Scott's Tweets?
15689
15690
156917 A. She was Tweeting with someone he knows,
15692
15693
156948 Tweeting with people that he knows, you know.
15695
15696
156979 Q. Like you?
15698
15699
1570010 A. He follows stuff. I didn't know him
15701
15702
1570311 until then.
15704
15705
1570612 Q. How many members of GhostSec --
15707
15708
1570913 A. My recollection, that was how I first
15710
15711
1571214 came to know who he or anybody else in that
15713
1571415 group -- I've never even heard of GhostSec before.
15715
15716
1571716 Q. Even though you were a general partner of
15718
15719
1572017 a cybersecurity firm compiled of former GhostSec
15721
15722
1572318 members?
15724
15725
1572619 A. A year and a half later. Or a year
15727
15728
1572920 later. Yeah, 1/1/17.
15730
15731
1573221 Q. Right, that's when Cyber Ghost
15733
15734
1573522 Intelligence was formed.
15736
15737
1573823 A. Right.
15739
15740
1574124 Q. And you're aware that Commander Xavior
15742
15743
1574425 sent out Tweets about Ms. Scott's husband after
15745
15746203
15747
15748
15749
15750
157511 Ms. Scott made accusations about your husband,
15752
15753
157542 correct?
15755
15756
157573 A. That one came after the other?
15758
15759
157604 Q. Yes, ma'am.
15761
15762
157635 A. No. I didn't recall that it happened
15764
15765
157666 that way, no.
15767
15768
157697 Q. You're aware that Commander Xavior sent
15770
15771
157728 out Tweets about Ms. Scott's husband, correct?
15773
15774
157759 A. I saw those, yes.
15776
15777
1577810 Q. And obviously you've alleged that
15779
15780
1578111 Ms. Scott said some unfair and false things about
15782
15783
1578412 your husband, correct?
15785
15786
1578713 A. But I was in Jamaica when she said the
15788
15789
1579014 things she said about my husband.
15791
1579215 Q. That's fine.
15793
15794
1579516 A. The ones on Twitter, when she started
15796
15797
1579817 posting his name and basically doxed him when he's
15799
15800
1580118 not even on social media.
15802
15803
1580419 Q. Then can you help the jury and I
15805
15806
1580720 understand why it is that Xav decided to go after
15808
15809
1581021 Ms. Scott's husband after Ms. Scott made
15811
15812
1581322 statements about your husband?
15814
15815
1581623 A. Nope.
15817
15818
1581924 Q. Pure coincidence?
15820
15821
1582225 A. Yeah. It had to be, because I didn't
15823
15824204
15825
15826
15827
15828
158291 even know him then, or barely knew him then.
15830
15831
158322 Q. Well, which one is it, barely, or didn't?
15833
15834
158353 A. I'm trying to be accurate and honest.
15836
15837
158384 And to the best of my recollection, the first time
15839
15840
158415 that I ever even saw that Twitter account was
15842
15843
158446 October of 2017, or 2015, my apologies, when what
15845
15846
158477 you're describing happened, when Ms. Scott doxed
15848
15849
158508 my husband on Twitter, I was in Jamaica. So I
15851
15852
158539 don't know what else transpired there.
15854
15855
1585610 I think I saw and responded to a Tweet
15857
15858
1585911 somewhere. I noticed that they had done that to
15860
15861
1586212 Harry like when we were in the room for 30
15863
15864
1586513 seconds, and I went on about my vacation, though,
15866
15867
1586814 probably didn't have quite as good a time as I
15869
1587015 would have.
15871
15872
1587316 Q. I understood doxing was when you out the
15874
15875
1587617 true owner of a Twitter account. Am I using that
15877
15878
1587918 term correctly?
15880
15881
1588219 A. No.
15883
15884
1588520 Q. So when you said Ms. Scott doxed your
15886
15887
1588821 husband, what do you mean?
15889
15890
1589122 A. When you reveal the true identity of
15892
15893
1589423 anyone who's not known.
15895
15896
1589724 Q. So how did Ms. Scott dox your husband?
15898
15899
1590025 A. Nobody knew my husband's name on Twitter.
15901
15902205
15903
15904
15905
15906
159071 He's not on line anywhere.
15908
15909
159102 Q. Okay. I just wanted to make sure I
15911
15912
159133 understand how you used the term.
15914
15915
159164 A. And the other thing about doxing is if
15917
15918
159195 you post someone's identity in a way that's
15920
15921
159226 harassing, it's just as much a dox as anything is.
15923
15924
159257 Q. Okay. I want to ask you a couple
15926
15927
159288 questions about your financials.
15929
15930
159319 Did Buzz Strategies file tax returns at
15932
15933
1593410 any point?
15935
15936
1593711 A. Yes.
15938
15939
1594012 Q. Okay. And you have control over those
15941
15942
1594313 documents, correct?
15944
15945
1594614 A. I believe so.
15947
1594815 Q. And what was -- do you recall what Buzz
15949
15950
1595116 Strategies' income would have been in 2015?
15952
15953
1595417 A. What it would have been in 2015?
15955
15956
1595718 Q. What it was, I'm sorry.
15958
15959
1596019 A. Pretty sure it was zero, 2015.
15961
15962
1596320 Q. And what about 2016?
15964
15965
1596621 A. I don't recall. Stacey actually --
15967
15968
1596922 Stacey, Ms. Lennox has those. But if you're
15970
15971
1597223 looking for -- yeah, I don't know off the top of
15973
15974
1597524 my head.
15976
15977
1597825 Q. Did it make any money?
15979
15980206
15981
15982
15983
15984
159851 A. Some, yeah.
15986
15987
159882 Q. How much do you think it was?
15989
15990
159913 A. Don't know.
15992
15993
159944 Q. Do you know how much money Buzz
15995
15996
159975 Strategies made in 2017?
15998
15999
160006 A. I'm sorry?
16001
16002
160037 Q. Do you know how much money Buzz
16004
16005
160068 Strategies made in 2017?
16007
16008
160099 A. We might have -- we might be up to about
16010
16011
1601210 25 or $30,000, something like that.
16013
16014
1601511 Q. Okay.
16016
16017
1601812 A. I just pulled it yesterday.
16019
16020
1602113 Q. And is that more or less than in 2016?
16022
16023
1602414 A. It's more.
16025
1602615 Q. Okay. And how does Buzz Strategies pay
16027
16028
1602916 you? Distribution or salary, or --
16030
16031
1603217 A. Distribution.
16033
16034
1603518 Q. So you had K-1s in connection with your
16036
16037
1603819 personal tax returns?
16039
16040
1604120 A. Uh-huh. (Nods head affirmatively.)
16042
16043
1604421 Q. Yes?
16045
16046
1604722 A. Well, I didn't take anything from Buzz
16048
16049
1605023 Strategies.
16051
16052
1605324 Q. You've never received a distribution from
16054
16055
1605625 Buzz Strategies?
16057
16058207
16059
16060
16061
16062
160631 A. Never received a distribution from Buzz
16064
16065
160662 Strategies.
16067
16068
160693 Q. Including last year when Buzz Strategies
16070
16071
160724 made money?
16073
16074
160755 A. Uh-huh, yeah. Oh, wait, I just answered
16076
16077
160786 that wrong. In 2017 my distribution was I think
16079
16080
160817 3500 -- 3000, $3500.
16082
16083
160848 Q. Okay. And when was Buzz Strategies
16085
16086
160879 formed? Sometime in 2015?
16088
16089
1609010 A. Uh-huh.
16091
16092
1609311 Q. Do you recall what month?
16094
16095
1609612 A. I think July.
16097
16098
1609913 Q. All right.
16100
16101
1610214 (Defendant's Exhibit 45 marked)
16103
1610415 BY MR DAVIS:
16105
16106
1610716 Q. I'm going to mark 45 just for the record,
16108
16109
1611017 since I have it here with me.
16111
16112
1611318 I'm going to mark 46 --
16114
16115
1611619 (Defendant's Exhibit 46 marked)
16117
16118
1611920 BY MR DAVIS:
16120
16121
1612221 Q. 46 is your supplemental response to
16123
16124
1612522 Ms. Scott's request that you give her certain
16126
16127
1612823 documents. And attached are documents that in the
16129
16130
1613124 lower right-hand corner have the Bates labels
16132
16133
1613425 Plaintiff 142 to 166.
16135
16136208
16137
16138
16139
16140
161411 A. Yep.
16142
16143
161442 Q. Those documents starting on page
16145
16146
161473 Plaintiff 146 --
16148
16149
161504 A. Uh-huh.
16151
16152
161535 Q. -- include communications with 4 Tier
16154
16155
161566 Strategies, do you see that?
16157
16158
161597 A. Uh-huh.
16160
16161
161628 Q. Yes?
16163
16164
161659 A. Yes, I'm sorry.
16166
16167
1616810 Q. Do you have possession of any
16169
16170
1617111 communications with 4 Tier Strategies that were
16172
16173
1617412 not produced in connection with these documents
16175
16176
1617713 Bates labeled Plaintiff 142 to 166?
16178
16179
1618014 A. Can you ask your question again, please?
16181
1618215 Q. Here's what I'm trying to get at.
16183
16184
1618516 Obviously you've alleged Buzz Strategies' business
16186
16187
1618817 relationship with 4 Tier Strategies was impacted
16189
16190
1619118 because of Ms. Scott.
16192
16193
1619419 A. Uh-huh.
16195
16196
1619720 Q. Here's some emails you gave us where Buzz
16198
16199
1620021 Strategies and 4 Tier Strategies are e-mailing
16201
16202
1620322 back and forth. Are there more emails, or is this
16204
16205
1620623 it?
16207
16208
1620924 A. I've done several exhaustive searches.
16210
16211
1621225 This is all I can find.
16213
16214209
16215
16216
16217
16218
162191 Q. So if there were documents in which
16220
16221
162222 4 Tier Strategies said anything about Ms. Scott,
16223
16224
162253 they would be included in the documents you've
16226
16227
162284 given to Ms. Scott, correct?
16229
16230
162315 A. Yes.
16232
16233
162346 Q. And if there were any documents in which
16235
16236
162377 4 Tier Strategies decided in conjunction with Buzz
16238
16239
162408 Strategies to wind down fundraising operations, we
16241
16242
162439 would have copies of those, correct?
16244
16245
1624610 A. Yes.
16247
16248
1624911 Q. I want to ask you about 152 in the lower
16250
16251
1625212 right-hand corner. Do you see Ms. Lennox said,
16253
16254
1625513 I'm really tired of working for free.
16256
16257
1625814 A. Yeah.
16259
1626015 Q. Did Buzz Strategies ever receive any
16261
16262
1626316 money from 4 Tier Strategies?
16264
16265
1626617 A. No. None of the fundraising campaign
16267
16268
1626918 ever got off the ground, but just so you know,
16270
16271
1627219 that is a reference to Wayne Dupree. So she and I
16273
16274
1627520 knew what that meant, just so you know.
16276
16277
1627821 Q. All right, so Ms. Lennox said she was
16279
16280
1628122 tired of working for free with somebody named
16282
16283
1628423 Wayne Dupree; is that right?
16285
16286
1628724 A. She was talking about Wayne, yes.
16288
16289
1629025 Q. Why is it then that this document was
16291
16292210
16293
16294
16295
16296
162971 produced, since that person has nothing to do with
16298
16299
163002 this lawsuit?
16301
16302
163033 A. This was -- it was part of an email
16304
16305
163064 string. And when you cut a string my
16307
16308
163095 understanding is that it's altering a document,
16310
16311
163126 and I wasn't going to submit altered documents.
16313
16314
163157 Q. Then what does this document, this email
16316
16317
163188 string, have to do with this case?
16319
16320
163219 A. Ward and case study.
16322
16323
1632410 Q. Right, I see --
16325
16326
1632711 A. It's about Kelli Ward.
16328
16329
1633012 Q. I see that. So the word Ward is in the
16331
16332
1633313 subject line?
16334
16335
1633614 A. Yes.
16337
1633815 Q. And you said on page 152, quote, 100
16339
16340
1634116 hours are free for the first fundraising campaign.
16342
16343
1634417 Do you see that?
16345
16346
1634718 A. Uh-huh.
16348
16349
1635019 Q. Is that correct, that had you entered
16351
16352
1635320 into a fundraising campaign with 4 Tier Strategies
16354
16355
1635621 at least 100 hours would have been free?
16357
16358
1635922 A. I don't know what I was talking about
16360
16361
1636223 there.
16363
16364
1636524 Q. Well, you see that someone asked, Okay,
16366
16367
1636825 are the hundred hours free or invested in the
16369
16370211
16371
16372
16373
16374
163751 retainer, and you said 100 hours are free for the
16376
16377
163782 first fundraising campaign. You don't know what
16379
16380
163813 you meant?
16382
16383
163844 A. No.
16385
16386
163875 Q. Don't you think it would be reasonable to
16388
16389
163906 conclude that you meant the first fundraising
16391
16392
163937 campaign for Kelli Ward would involve 100 hours of
16394
16395
163968 free work?
16397
16398
163999 A. You can assume that. I would only be
16400
16401
1640210 assuming it. I don't know.
16403
16404
1640511 Q. I mean, you wrote it, so do you have any
16406
16407
1640812 other explanation for what it means?
16409
16410
1641113 A. I'm not going to guess.
16412
16413
1641414 Q. Do you have any other explanation for
16415
1641615 what that sentence could mean?
16417
16418
1641916 A. I don't have an explanation, period.
16420
16421
1642217 Q. All right. At the back there's what
16423
16424
1642518 looks like an Excel spreadsheet called Red Nation
16426
16427
1642819 Rising programatic costs.
16429
16430
1643120 A. Yep.
16432
16433
1643421 Q. Explain to me what this is, please.
16435
16436
1643722 A. This is a programatic budget for a
16438
16439
1644023 fundraising pitch.
16441
16442
1644324 Q. And is this document in some way
16444
16445
1644625 probative of money that you lost because Ms. Scott
16447
16448212
16449
16450
16451
16452
164531 interfered with Red Nation Rising in some way?
16454
16455
164562 A. Right, yeah. This is the ask that was
16457
16458
164593 out, it represents the ask that was out, or one of
16460
16461
164624 the asks that was out, you know. It was produced
16463
16464
164655 because it was part of the back and forth about
16466
16467
164686 the fundraising for Red Nation Rising.
16469
16470
164717 Q. So I want to make clear. Red Nation
16472
16473
164748 Rising was thinking about entering into a
16475
16476
164779 fundraising agreement with AppSame, correct? I'm
16478
16479
1648010 not trying to be difficult, I'm not sure --
16481
16482
1648311 A. No, you're misrepresenting it and I'm
16484
16485
1648612 trying to think of how to explain it so that it's
16487
16488
1648913 more accurate.
16490
16491
1649214 Red Nation Rising was approached by
16493
1649415 AppSame with a funding opportunity. The way that
16495
16496
1649716 happens, when that happens, you're given the
16498
16499
1650017 opportunity to provide a budget on what you'll
16501
16502
1650318 spend the money on. So I spent 150 hours working
16504
16505
1650619 on a budget and negotiating with the partner, and
16507
16508
1650920 this, that and the other thing. And at that point
16510
16511
1651221 you're -- if they like your budget, they will
16513
16514
1651522 donate the money. That's how fundraising works
16516
16517
1651823 typically.
16519
16520
1652124 Q. So document 164 to 166 is a budget you
16522
16523
1652425 created for AppSame where it made a proposal for
16525
16526213
16527
16528
16529
16530
165311 funding from Red Nation Rising?
16532
16533
165342 A. It's an operational budget for Red Nation
16535
16536
165373 Rising. The funding would come from AppSame.
16538
16539
165404 Q. And had that relationship gone forward,
16541
16542
165435 you think you would have gotten 10 percent of the
16544
16545
165466 funding.
16547
16548
165497 A. That was the discussions that we had,
16550
16551
165528 yeah.
16553
16554
165559 Q. And the budget is what, $408,000 to
16556
16557
1655810 847,000?
16559
16560
1656111 A. That was the first that was presented to
16562
16563
1656412 the partner. They over time had us increase it.
16565
16566
1656713 What happened was when that relationship was
16568
16569
1657014 severed, those email -- I don't have access to
16571
1657215 those emails anymore. I had a Red Nation Rising
16573
16574
1657516 email address.
16576
16577
1657817 Q. Okay. All right. Let me do a couple
16579
16580
1658118 more quick documents and then we'll be at a
16582
16583
1658419 stopping place, take a break.
16585
16586
1658720 (Defendant's Exhibit 47 marked)
16588
16589
1659021 BY MR. DAVIS:
16591
16592
1659322 Q. I'm going to mark 47 is your response to
16594
16595
1659623 Ms. Scott's second request for documents.
16597
16598
1659924 A. Uh-huh.
16600
16601
1660225 Q. In response to requests number 5, 6 and 7
16603
16604214
16605
16606
16607
16608
166091 you said more or less the same thing, which is the
16610
16611
166122 business relationship between Buzz Strategies and
16613
16614
166153 the J.D. Winteregg fundraising campaign dissolved
16616
16617
166184 before any of the requested documents could be
16619
16620
166215 signed. Do you see that?
16622
16623
166246 A. Uh-huh.
16625
16626
166277 Q. And is that accurate?
16628
16629
166308 A. I believe -- I believe that it is. I'm
16631
16632
166339 not -- but -- but I'm not positive, because more
16634
16635
1663610 than likely -- I'm not sure.
16637
16638
1663911 Q. So you're not sure, but you think so.
16640
16641
1664212 A. Right. At the moment.
16643
16644
1664513 Q. In response to request numbers 10 and 11
16646
16647
1664814 which are on pages 9 and 10, you said in words or
16649
1665015 substance, The business relationship between Buzz
16651
16652
1665316 Strategies and the Kelli Ward fundraising campaign
16654
16655
1665617 was suspended before any invoices between the
16657
16658
1665918 parties could be created. Do you see that?
16660
16661
1666219 A. Uh-huh.
16663
16664
1666520 Q. And is that statement correct?
16666
16667
1666821 A. That's just invoices. Because,
16669
16670
1667122 obviously -- yes.
16672
16673
1667423 Q. And you're right, I mean number 6 asks
16675
16676
1667724 about invoices specifically, but number 7 asks
16678
16679
1668025 about other documents and number 5 asks about
16681
16682215
16683
16684
16685
16686
166871 other documents. So is it true that there are no
16688
16689
166902 signed documents or invoices or receipts because
16691
16692
166933 the relationship was terminated before any of that
16694
16695
166964 stuff could be generated?
16697
16698
166995 A. Yes. I believe we may have a signed
16700
16701
167026 contract that we have not been able to locate yet.
16703
16704
167057 Q. But you don't have it.
16706
16707
167088 A. Right.
16709
16710
167119 (Defendant's Exhibit 48 marked)
16712
16713
1671410 BY MR. DAVIS:
16715
16716
1671711 Q. I'm going to show you what's marked as
16718
16719
1672012 Exhibit 48.
16721
16722
1672313 A. And I'm sorry, were we talking about Ward
16724
16725
1672614 or Winteregg?
16727
1672815 Q. The last line of questioning related to
16729
16730
1673116 Ward.
16732
16733
1673417 A. Okay. Ward, the signed contract is in
16735
16736
1673718 here, because you just showed it to me a minute
16738
16739
1674019 ago.
16741
16742
1674320 Q. So apparently your response to that
16744
16745
1674621 particular discovery request is just incorrect.
16747
16748
1674922 A. No. It just says invoices.
16750
16751
1675223 Q. Number 6 says invoices, number 5 says any
16753
16754
1675524 contract -- sorry, not number 5. Number 9. Never
16756
16757
1675825 mind, I withdraw the question. I got confused, a
16759
16760216
16761
16762
16763
16764
167651 lot of documents.
16766
16767
167682 (Defendant's Exhibit 48 marked)
16769
16770
167713 BY MR. DAVIS:
16772
16773
167744 Q. Exhibit 48, this is a document you
16775
16776
167775 produced Bates labeled Plaintiff 83 to 85 that
16778
16779
167806 purports to be an email from you to Stacey Lennox
16781
16782
167837 and Diane Beijer.
16784
16785
167868 A. Uh-huh.
16787
16788
167899 Q. Did you send this email?
16790
16791
1679210 A. Yes.
16793
16794
1679511 Q. Why?
16796
16797
1679812 A. Because I wanted to share my archive.
16799
16800
1680113 Q. Why?
16802
16803
1680414 A. Well, I believe because, for one with
16805
1680615 Ms. Lennox, because Ms. -- because your client has
16807
16808
1680916 some sort of contempt hearing against her or
16810
16811
1681217 something.
16813
16814
1681518 Q. How do you know about that?
16816
16817
1681819 A. She's my business partner.
16819
16820
1682120 Q. And why were you sharing your archives of
16822
16823
1682421 Ms. Scott's Tweets with Diane Beijer?
16825
16826
1682722 A. Can I be perfectly frank?
16828
16829
1683023 Q. I hope you will.
16831
16832
1683324 A. Victims have a right to do those sorts of
16834
16835
1683625 things.
16837
16838217
16839
16840
16841
16842
168431 Q. No, I mean you agree that Ms. Beijer is a
16844
16845
168462 victim of Ms. Scott.
16847
16848
168493 A. Absolutely. Absolutely.
16850
16851
168524 Q. Any other victims of Ms. Scott that you
16853
16854
168555 shared archives or information with?
16856
16857
168586 A. No.
16859
16860
168617 Q. No?
16862
16863
168648 A. I don't believe so. Maybe. Yeah,
16865
16866
168679 possibly, but I don't remember who. Potentially,
16868
16869
1687010 but I don't remember who.
16871
16872
1687311 Q. Why is it that you have possession --
16874
16875
1687612 well, first of all, the archives that are
16877
16878
1687913 reflected in Exhibit 48, did you archive all this
16880
16881
1688214 content?
16883
1688415 A. I have the list. I imagine probably.
16885
16886
1688716 Q. When did you start doing that?
16888
16889
1689017 A. I started archiving personally when she
16891
16892
1689318 -- probably when she contacted BB&T, somewhere
16894
16895
1689619 around there.
16897
16898
1689920 Q. That's roughly October of 2015?
16900
16901
1690221 A. December of 2015.
16903
16904
1690522 Q. December 2015, all right.
16906
16907
1690823 (Defendant's Exhibit 49 marked)
16909
16910
1691124 BY MR DAVIS:
16912
16913
1691425 Q. I'm going to show you what's marked as
16915
16916218
16917
16918
16919
16920
169211 Defendant's Exhibit 49. And is this a correct
16922
16923
169242 copy of a criminal warrant application you made to
16925
16926
169273 the Magistrate Court of Athens-Clarke County?
16928
16929
169304 A. Looks like it, yeah.
16931
16932
169335 Q. And why is it that you identified
16934
16935
169366 Mr. Bolenbaugh as a witness on this application?
16937
16938
169397 A. Because I believe he has more -- more
16940
16941
169428 knowledge and experience with -- I'm trying to --
16943
16944
169459 yeah. I just believe that he had the information
16946
16947
1694810 that I wanted shared with the judge.
16949
16950
1695111 Q. The basis for your criminal complaint in
16952
16953
1695412 Athens-Clarke County is that Ms. Scott and a
16955
16956
1695713 person named Sondra Whatley made a death threat to
16958
16959
1696014 you; is that right?
16961
1696215 A. That was the basis for the police report.
16963
16964
1696516 Q. Is there some other reason why you have
16966
16967
1696817 filed a criminal warrant application against
16969
16970
1697118 Ms. Scott in Athens-Clarke County?
16972
16973
1697419 A. Yes. My -- in talking to the clerk at
16975
16976
1697720 the magistrate's office, the purpose of the
16978
16979
1698021 warrant hearing is not the death threats or the
16981
16982
1698322 single instance -- the single incident, it's the
16984
16985
1698623 two plus years from December 3rd, 2015 to the
16987
16988
1698924 present, whenever the hearing actually happens,
16990
16991
1699225 because the last time I received a direct message
16993
16994219
16995
16996
16997
16998
169991 I believe from your client on Twitter I believe
17000
17001
170022 was just a few days ago. And --
17003
17004
170053 Q. Then why is it that you tried to get
17006
17007
170084 Ms. Scott arrested in September of 2017?
17009
17010
170115 A. I wasn't trying to get her arrested. I
17012
17013
170146 was reporting death threats. I didn't even --
17015
17016
170177 Q. As well as two years of harassment,
17018
17019
170208 correct?
17021
17022
170239 A. No. I was reporting the death threats.
17024
17025
1702610 I didn't even realize that it was Kathy until the
17027
17028
1702911 accounts continued, continued, continued, and she
17030
17031
1703212 started saying -- saying things that were in
17033
17034
1703513 filings that are not posted on line.
17036
17037
1703814 Q. All I'm trying to get at is why it is
17039
1704015 there's a -- what is the basis for the pending
17041
17042
1704316 criminal proceeding in Athens-Clarke County?
17044
17045
1704617 A. I just told you.
17047
17048
1704918 Q. I understand death threats. Is there any
17050
17051
1705219 other reason why there's a pending criminal action
17053
17054
1705520 in Athens-Clarke County?
17056
17057
1705821 A. Yes, I just told you.
17059
17060
1706122 Q. Which is what?
17062
17063
1706423 A. Two plus years of harassment from the
17065
17066
1706724 date in North Carolina to the present.
17068
17069
1707025 Q. And why is it that after two years you
17071
17072220
17073
17074
17075
17076
170771 decided to go initiate a criminal proceeding in
17078
17079
170802 Athens-Clarke County in September of 2017 during
17081
17082
170833 the middle of this civil lawsuit?
17084
17085
170864 A. I filed a civil lawsuit in April because
17087
17088
170895 things escalated in March. I theorized at that
17090
17091
170926 time -- I actually pretty much knew -- that the
17093
17094
170957 harassment that was coming from the two ladies it
17096
17097
170988 was coming from had been generated and
17099
17100
171019 precipitated and recruited by your client, and I
17102
17103
1710410 found out a couple of months ago that that's the
17105
17106
1710711 case, and you saw the evidence of that in our last
17108
17109
1711012 supplemental update. So I filed this case at that
17111
17112
1711313 time.
17114
17115
1711614 The harassment only escalated. It
17117
1711815 escalated to death threats. So yes, I filed this
17119
17120
1712116 report. When I went to the magistrate and told
17122
17123
1712417 them the story, they said, This needs to cover
17125
17126
1712718 this period. So that was the suggestion of the
17128
17129
1713019 magistrate.
17131
17132
1713320 Q. The clerk of the magistrate court.
17134
17135
1713621 A. Sure.
17137
17138
1713922 Q. Okay. So the reason why you initiated a
17140
17141
1714223 criminal action in Athens-Clarke County was
17143
17144
1714524 because of death threats you received, and it was
17146
17147
1714825 only on the legal advice of the clerk of the
17149
17150221
17151
17152
17153
17154
171551 magistrate court that you included the prior two
17156
17157
171582 years of quote unquote harassment.
17159
17160
171613 A. I would not categorize it as legal
17162
17163
171644 advice.
17165
17166
171675 Q. So remove the word legal from my
17168
17169
171706 question. The reason why you initiated a criminal
17171
17172
171737 action in Athens-Clarke County was because you
17174
17175
171768 received death threats, and the only reason why
17177
17178
171799 you referenced the prior two years of quote
17180
17181
1718210 unquote harassment is because of a recommendation
17183
17184
1718511 you received from the clerk; is that right?
17186
17187
1718812 A. That's not properly categorized either.
17189
17190
1719113 And I don't -- I give up.
17192
17193
1719414 Q. Well, you decided to file a civil lawsuit
17195
1719615 based on the two years of quote unquote
17197
17198
1719916 harassment, correct? You didn't in April of 2017
17200
17201
1720217 decide to go file a criminal complaint, right?
17203
17204
1720518 A. I don't know what you're asking me.
17206
17207
1720819 Q. Well, you sued Ms. Scott in civil court
17209
17210
1721120 for monetary damages, correct? That's why we're
17212
17213
1721421 here today.
17215
17216
1721722 A. You've read the complaint, correct?
17218
17219
1722023 Q. Yes.
17221
17222
1722324 A. It's not just monetary damages.
17224
17225
1722625 Q. What is it that you want from this
17227
17228222
17229
17230
17231
17232
172331 lawsuit besides money?
17234
17235
172362 A. I want her to stop. I want her to go
17237
17238
172393 away, never speak my name again.
17240
17241
172424 Q. What I'm trying to figure out is why you
17243
17244
172455 filed a criminal complaint during the middle of
17246
17247
172486 the civil lawsuit as opposed to just filing a
17249
17250
172517 criminal complaint originally.
17252
17253
172548 A. It's my right.
17255
17256
172579 Q. I understand you have the right to do it,
17258
17259
1726010 but why did you decide to exercise that right?
17261
17262
1726311 A. Can't explain.
17264
17265
1726612 Q. Um --
17267
17268
1726913 A. I -- never mind.
17270
17271
1727214 Q. The subject matter of the criminal
17273
1727415 complaint and this civil action overlap, correct?
17275
17276
1727716 A. That's a question for my lawyer.
17278
17279
1728017 Q. Well, in both cases you're complaining
17281
17282
1728318 about Ms. Scott's Twitter activity, correct?
17284
17285
1728619 A. Not just Twitter. On-line activity in
17287
17288
1728920 general.
17290
17291
1729221 Q. And you're complaining about Ms. Scott's
17293
17294
1729522 on-line activity in general covering the same
17296
17297
1729823 period of time in both the criminal case and the
17299
17300
1730124 civil case, correct?
17302
17303
1730425 A. Yes.
17305
17306223
17307
17308
17309
17310
173111 MR. DAVIS: Let's take a break, because I
17312
17313
173142 think we need to figure out where we're at
17315
17316
173173 timewise, and I'll plan accordingly.
17318
17319
173204 (Recess 4:25 p.m.-4:42 p.m.)
17321
17322
173235 BY MR. DAVIS:
17324
17325
173266 Q. All right. Before we left we were
17327
17328
173297 talking about the criminal action pending in
17330
17331
173328 Athens-Clarke County. I'm going to show you a
17333
17334
173359 document that's been marked as Exhibit 50 and I
17336
17337
1733810 have extra copies of these exhibits, finally.
17339
17340
1734111 And are the first two pages of Exhibit 50
17342
17343
1734412 a true and accurate depiction of a conversation
17345
17346
1734713 you had with another Twitter user that goes by the
17348
17349
1735014 name of Grok?
17351
1735215 A. Yes, pretty much.
17353
17354
1735516 Q. Does this reflect your recollection about
17356
17357
1735817 why you initiated a criminal action against
17359
17360
1736118 Ms. Scott during the pendency of this proceeding?
17362
17363
1736419 A. No.
17365
17366
1736720 Q. The third page --
17368
17369
1737021 A. This is not about Ms. Scott.
17371
17372
1737322 Q. You see where the very first Tweet from
17374
17375
1737623 Grok says, How unusual that a lawsuit Kathy Scott
17377
17378
1737924 is involved in results in interrogatories from
17380
17381
1738225 Scott asking about peeps the other party has never
17383
17384224
17385
17386
17387
17388
173891 heard of?
17390
17391
173922 A. Yes. And he mentioned Ms. Scott, not me.
17393
17394
173953 He also mentioned Neal Rauhauser. My comments are
17396
17397
173984 about Neal Rauhauser, not Ms. Scott.
17399
17400
174015 Q. You provided Ms. Scott's interrogatories
17402
17403
174046 in this case to this person named Grok, correct?
17405
17406
174077 A. I did not.
17408
17409
174108 Q. How did he get them?
17411
17412
174139 A. I may have -- I may have mentioned this
17414
17415
1741610 issue, but I do not believe I provided the
17417
17418
1741911 interrogatories themselves.
17420
17421
1742212 Q. But you discussed Ms. Scott's
17423
17424
1742513 interrogatories in this case with Grok?
17426
17427
1742814 A. Possibly, yeah.
17429
1743015 Q. Well, Grok is not a party to this
17431
17432
1743316 lawsuit. So do you have any other explanation of
17434
17435
1743617 how he'd know what written discovery was flowing
17437
17438
1743918 back and forth?
17440
17441
1744219 A. Yeah, well, I'm not denying that, you
17443
17444
1744520 know, possibly I discussed this issue with him,
17446
17447
1744821 you know, this very -- that very narrow single
17449
17450
1745122 issue.
17452
17453
1745423 Q. That's all you discussed about this case
17455
17456
1745724 with Grok?
17458
17459
1746025 A. I'm not saying that either.
17461
17462225
17463
17464
17465
17466
174671 Q. But you did make a point, though, of
17468
17469
174702 saying I only discussed this very narrow issue.
17471
17472
174733 A. I'm not denying that I have discussed
17474
17475
174764 things about this case with Grok.
17477
17478
174795 Q. What other Twitter users did you discuss
17480
17481
174826 this case with besides Grok?
17483
17484
174857 A. When you say Twitter users, that's people
17486
17487
174888 that I don't know in real life?
17489
17490
174919 Q. Sure, people on Twitter.
17492
17493
1749410 A. I can't think of a Twitter -- just a
17495
17496
1749711 Twitter user that I know that I don't know in real
17498
17499
1750012 life that I've discussed the case with.
17501
17502
1750313 Q. Well, you discussed the case with
17504
17505
1750614 Ms. Lennox, didn't you?
17507
1750815 A. She is a business partner and friend.
17509
17510
1751116 Q. And you're aware that Ms. Lennox is
17512
17513
1751417 active on Twitter, are you not?
17515
17516
1751718 A. That's not -- I discussed this case with
17518
17519
1752019 my friends, my family, that they may or may not
17521
17522
1752320 use Twitter. People that I only know on Twitter
17524
17525
1752621 that are not friends and family, of those people,
17527
17528
1752922 Grok is the only one that I can think of right now
17530
17531
1753223 I've ever discussed the case with at all.
17533
17534
1753524 Q. When you say friends, who are you
17536
17537
1753825 referring to?
17539
17540226
17541
17542
17543
17544
175451 A. You want to know my friends and family
17546
17547
175482 that I've discussed this case with?
17549
17550
175513 Q. Yes, ma'am.
17552
17553
175544 A. Stacey Lennox, Diane Beijer, Jodi Magera.
17555
17556
175575 Q. J.D.?
17558
17559
175606 A. No. I don't talk about the case with
17561
17562
175637 J.D.
17564
17565
175668 Q. Going back to Exhibit 50, the third page
17567
17568
175699 purports to be an order from the Athens-Clarke
17570
17571
1757210 County Magistrate Court.
17573
17574
1757511 A. Yes.
17576
17577
1757812 MR. LOTT: Can I ask a question just
17579
17580
1758113 for --
17582
17583
1758414 MR. DAVIS: Sure.
17585
1758615 MR. LOTT: -- a number of purposes? This
17587
17588
1758916 is all one exhibit?
17590
17591
1759217 MR. DAVIS: Yeah, it's an exhibit of
17593
17594
1759518 different documents.
17596
17597
1759819 BY MR. DAVIS:
17599
17600
1760120 Q. So does this order from Athens-Clarke
17602
17603
1760421 County appear to be what transpired in connection
17605
17606
1760722 with proceedings in Athens-Clarke County
17608
17609
1761023 Magistrate Court in January of this year?
17611
17612
1761324 A. Yes, pretty much.
17614
17615
1761625 Q. And the next three pages of Exhibit 50
17617
17618227
17619
17620
17621
17622
176231 are what appears to be a complaint filed with the
17624
17625
176262 Athens-Clarke County Police Department. Is this
17627
17628
176293 an accurate representation of the complaint -- a
17630
17631
176324 complaint that you made to Athens-Clarke County?
17633
17634
176355 A. No.
17636
17637
176386 Q. It's not?
17639
17640
176417 A. It is not. It is three pages of six or
17642
17643
176448 seven.
17645
17646
176479 Q. Well, you see at the bottom it says page
17648
17649
1765010 1 of 3, page 2 of 3 and page 3 of 3?
17651
17652
1765311 A. Yeah. This is not the full complete
17654
17655
1765612 updated report, sorry.
17657
17658
1765913 Q. Yeah, right, because when you originally
17660
17661
1766214 filed your complaint you never named Ms. Scott,
17663
1766415 but you subsequently amended it to add Ms. Scott
17665
17666
1766716 to the complaint, correct?
17668
17669
1767017 A. Yes. We discussed that earlier, and the
17671
17672
1767318 reason.
17674
17675
1767619 Q. And the reason was because you allegedly
17677
17678
1767920 found out that Ms. Scott was responsible for
17680
17681
1768221 another person giving you a death threat, correct?
17683
17684
1768522 A. That wasn't my testimony.
17686
17687
1768823 Q. How is it that you think you know
17689
17690
1769124 Ms. Scott and Ms. Whatley are connected?
17692
17693
1769425 A. I didn't necessarily know that.
17695
17696228
17697
17698
17699
17700
177011 Q. Do you believe that Ms. Scott and
17702
17703
177042 Ms. Whatley are connected?
17705
17706
177073 A. I do now, yes.
17708
17709
177104 Q. Based on what?
17711
17712
177135 A. Based on Twitter activity.
17714
17715
177166 Q. What Tweets?
17717
17718
177197 A. There are several accounts. The account
17720
17721
177228 that was coming at me that night, the Duck
17723
17724
177259 account, another one called Undoxable Bureau.
17726
17727
1772810 Those are the two that I can remember off the top
17729
17730
1773111 of my head.
17732
17733
1773412 Q. And what about the Tweets from those
17735
17736
1773713 accounts leads you to believe that Ms. Scott and
17738
17739
1774014 Ms. Whatley have anything to do with one another?
17741
1774215 A. We talked about my talent for intel
17743
17744
1774516 analysis. That's pretty much it.
17746
17747
1774817 Q. You've alleged she committed a crime, and
17749
17750
1775118 I'm asking you what the evidence to support that
17752
17753
1775419 allegation is, and I don't need facile answers
17755
17756
1775720 about I'm an expert.
17758
17759
1776021 What Tweets specifically allow you to
17761
17762
1776322 conclude that Ms. Scott and Ms. Whatley have
17764
17765
1776623 anything to do with one another?
17767
17768
1776924 A. The way that they interacted in accounts
17770
17771
1777225 that I believed were Ms. Scott, believe were
17773
17774229
17775
17776
17777
17778
177791 Ms. Scott. The accounts are gone.
17780
17781
177822 Q. So do you have possession or a copy of
17783
17784
177853 any of the Tweets we're talking about?
17786
17787
177884 A. Yeah, there are archives.
17789
17790
177915 Q. Where are -- have those archives been
17792
17793
177946 produced in connection with this lawsuit?
17795
17796
177977 A. No, they haven't. Archives are public.
17798
17799
178008 You guys can go get them.
17801
17802
178039 Q. And how would we find out the web
17804
17805
1780610 address?
17807
17808
1780911 A. You don't have to know the web address.
17810
17811
1781212 The site is searchable.
17813
17814
1781513 Q. What is the site? What search terms
17816
17817
1781814 would I use to find the site?
17819
1782015 A. It's archive.is.
17821
17822
1782316 Q. There's a lot of webpages on archive.is.
17824
17825
1782617 So how would I find the particular page that has
17827
17828
1782918 anything to do with what I'm asking you about?
17830
17831
1783219 A. Use the search term in the search bar.
17833
17834
1783520 Q. And the search terms I would use to find
17836
17837
1783821 the Tweets you're talking about are what?
17839
17840
1784122 A. You can search for my Twitter names and
17842
17843
1784423 all of those accounts come up, because they tagged
17845
17846
1784724 me prolifically.
17848
17849
1785025 Q. Who is Ducky?
17851
17852230
17853
17854
17855
17856
178571 A. Ducky's a persona that's covered by
17858
17859
178602 several people.
17861
17862
178633 Q. And you believe Ms. Scott is one of those
17864
17865
178664 people?
17867
17868
178695 A. I do.
17870
17871
178726 Q. And you believe that other people use the
17873
17874
178757 name Ducky on line, correct?
17876
17877
178788 A. I do.
17879
17880
178819 Q. All right. So if you have any knowledge
17882
17883
1788410 that any particular web traffic originating from
17885
17886
1788711 Ducky is attributable to Ms. Scott?
17888
17889
1789012 A. I do.
17891
17892
1789313 Q. And what is that?
17894
17895
1789614 A. Undoxable Bureau, and the account that
17897
1789815 came at me that night that I can't remember the
17899
17900
1790116 name of right at the moment.
17902
17903
1790417 Q. Did Buzz Strategies ever register with
17905
17906
1790718 the FEC?
17908
17909
1791019 A. No.
17911
17912
1791320 Q. Do you know Tracy Glass?
17914
17915
1791621 A. No.
17917
17918
1791922 Q. Do you know how it is that Tracy Glass
17920
17921
1792223 knows you?
17923
17924
1792524 A. No.
17926
17927
1792825 Q. Do you know if Stacey Lennox ever had a
17929
17930231
17931
17932
17933
17934
179351 criminal charge brought against her in connection
17936
17937
179382 with an alleged scam involving fundraising for a
17939
17940
179413 cancer victim in North Carolina?
17942
17943
179444 A. She did not.
17945
17946
179475 Q. You're aware that an allegation was made
17948
17949
179506 that she was somehow involved with a scam
17951
17952
179537 involving --
17954
17955
179568 A. I am.
17957
17958
179599 Q. Okay. But to your knowledge no criminal
17960
17961
1796210 charges were brought.
17963
17964
1796511 A. No. I've seen the reports. She was paid
17966
17967
1796812 restitution for that.
17969
17970
1797113 Q. Ms. Lennox was paid restitution.
17972
17973
1797414 A. Ms. Lennox was paid restitution by the
17975
1797615 person who actually perpetrated that crime, yet
17977
17978
1797916 some people won't accept that.
17980
17981
1798217 Q. Do you know what the hashtag Quack means?
17983
17984
1798518 A. Yes.
17986
17987
1798819 Q. What does it mean?
17989
17990
1799120 A. It is a reference to Ducky.
17992
17993
1799421 Q. So if we see #quack in Tweets that you
17995
17996
1799722 sent, you're talking about Ducky?
17998
17999
1800023 A. Could be, or someone acting like Ducky.
18001
18002
1800324 Q. Well, is there a person that is Ducky, or
18004
18005
1800625 is Ducky a Twitter account that multiple people
18007
18008232
18009
18010
18011
18012
180131 use?
18014
18015
180162 A. Neither.
18017
18018
180193 Q. What is the other alternative?
18020
18021
180224 A. It's a persona that multiple people use
18023
18024
180255 in dozens of Twitter accounts.
18026
18027
180286 Q. I understand your point.
18029
18030
180317 The last page of Exhibit 50, is this a
18032
18033
180348 Tweet you sent?
18035
18036
180379 A. Oh, that's here? Yep.
18038
18039
1804010 Q. Okay.
18041
18042
1804311 (Defendant's Exhibit 51 marked)
18044
18045
1804612 BY MR. DAVIS:
18047
18048
1804913 Q. I show you a composite document we'll
18050
18051
1805214 mark as Exhibit 51. Did you send the Tweet at the
18053
1805415 top of the first page of Exhibit 51?
18055
18056
1805716 A. Something doesn't look quite right about
18058
18059
1806017 this Tweet, but I'm not saying that it's -- I'm
18061
18062
1806318 not sure.
18064
18065
1806619 Q. You didn't archive your Tweets, correct?
18067
18068
1806920 A. Yeah, I do.
18070
18071
1807221 Q. You do?
18073
18074
1807522 A. I do.
18076
18077
1807823 Q. So where can I find all the Tweets from
18079
18080
1808124 @belle_river?
18082
18083
1808425 A. Archive.is, go to the blue search bar and
18085
18086233
18087
18088
18089
18090
180911 put @belle_river and search for it.
18092
18093
180942 Q. Okay. The next page of Exhibit 51, did
18095
18096
180973 you send this Tweet?
18098
18099
181004 A. Yes.
18101
18102
181035 Q. Explain to the jury what the difference
18104
18105
181066 between the dark net and the deep web are.
18107
18108
181097 A. The deep web is not -- those are websites
18110
18111
181128 you can't find on search engines. In the HTML
18113
18114
181159 code, you can place the code that tells search
18116
18117
1811810 engines not to search for a page, and it will
18119
18120
1812111 never show up on a search engine.
18122
18123
1812412 The dark net is actually a separate
18125
18126
1812713 hidden internet.
18128
18129
1813014 Q. And you have the expertise and requisite
18131
1813215 knowledge to access the dark net.
18133
18134
1813516 A. It doesn't take an expertise or requisite
18136
18137
1813817 knowledge to access the dark net.
18139
18140
1814118 Q. Well, I think the jury will understand
18142
18143
1814419 that all I was asking you is can you access the
18145
18146
1814720 dark net?
18148
18149
1815021 A. Pretty much anyone can access the dark
18151
18152
1815322 net.
18154
18155
1815623 Q. Well, I have absolutely no idea how to do
18157
18158
1815924 it. So can you access it?
18160
18161
1816225 A. Sure, lots of people can.
18163
18164234
18165
18166
18167
18168
181691 Q. That wasn't my question, but thank you
18170
18171
181722 for that extra answer.
18173
18174
181753 Despite the fact that you know the
18176
18177
181784 difference between the dark net and the dark web
18179
18180
181815 and you can access the dark web, it's your
18182
18183
181846 contention that you've never sent anonymous Tweets
18185
18186
181877 at Ms. Scott from an account not bearing your
18188
18189
181908 name?
18191
18192
181939 A. Never sent Tweets at her from an account
18194
18195
1819610 not bearing my name. I am fairly certain that is
18197
18198
1819911 true.
18200
18201
1820212 Q. But you did send accounts about her from
18203
18204
1820513 a Twitter account not bearing your name; is that
18206
18207
1820814 right?
18209
1821015 A. Only the one that was disclosed to you in
18211
18212
1821316 my -- in discovery.
18214
18215
1821617 Q. What account is that?
18217
18218
1821918 A. I believe it was StJensTorch.
18220
18221
1822219 Q. The next page of Exhibit 51 --
18223
18224
1822520 A. And just to add, that's to the best of my
18226
18227
1822821 recollection. I've not Tweeted at Ms. Scott from
18229
18230
1823122 sock accounts or accounts that don't bear my name
18232
18233
1823423 or aren't known to be me.
18235
18236
1823724 Q. The next page of Exhibit 51, did you send
18238
18239
1824025 this Tweet on December 31st, 2017 saying that you
18241
18242235
18243
18244
18245
18246
182471 and Dan were protected by a DOD NDA?
18248
18249
182502 A. Where is that?
18251
18252
182533 Q. Page 3 of Exhibit 51.
18254
18255
182564 A. No, I'm not saying that -- no, that's not
18257
18258
182595 what I'm saying.
18260
18261
182626 Q. Here's my question. Did you send this
18263
18264
182657 Tweet?
18266
18267
182688 A. Yeah, I sent this Tweet.
18269
18270
182719 Q. That's my only question. And Dan is Dan
18272
18273
1827410 Wright?
18275
18276
1827711 A. Yes.
18278
18279
1828012 Q. Okay.
18281
18282
1828313 A. You've misinterpreted that Tweet.
18284
18285
1828614 Q. I didn't interpret it. The only thing I
18287
1828815 asked you was did you send that Tweet.
18289
18290
1829116 A. Okay.
18292
18293
1829417 Q. Dan is Dan Wright, you said that.
18295
18296
1829718 A. Yep.
18298
18299
1830019 Q. Let's skip ahead of that in Exhibit 51 to
18301
18302
1830320 this page right here. And this page appears to be
18304
18305
1830621 a post you made on a LinkedIn account saying Kathy
18307
18308
1830922 Scott violated Georgia law which then quotes
18310
18311
1831223 O.C.G.A. 16-5-90. Did you post that on the
18313
18314
1831524 internet?
18316
18317
1831825 A. Yep.
18319
18320236
18321
18322
18323
18324
183251 Q. Do you know when?
18326
18327
183282 A. 2015.
18329
18330
183313 Q. Next page --
18332
18333
183344 A. I'm sorry, this was posted on the blog
18335
18336
183375 that -- I believe it was experiment blog.
18338
18339
183406 Q. That's fine. In any event, you posted on
18341
18342
183437 the internet that Kathy Scott was violating
18344
18345
183468 Georgia law and then you quoted O.C.G.A. 16-5-90,
18347
18348
183499 correct?
18350
18351
1835210 A. Yes.
18353
18354
1835511 Q. Next page, did you send the Tweet that
18356
18357
1835812 uses the phrase, quote, certain obsessed physcos
18359
18360
1836113 [sic]?
18362
18363
1836414 A. Yeah.
18365
1836615 Q. Next page, did you send this Tweet?
18367
18368
1836916 A. Yes.
18370
18371
1837217 Q. Next page, there's a Tweet that says,
18373
18374
1837518 Intimidated me more trying to get OpKkk to believe
18376
18377
1837819 I am a neo-nazi and wreck me, but that didn't work
18379
18380
1838120 either.
18382
18383
1838421 Did you send that Tweet?
18385
18386
1838722 A. Yes.
18388
18389
1839023 Q. Next page, quote, I actually get PR,
18391
18392
1839324 close quote, did you send that Tweet?
18394
18395
1839625 A. Yeah.
18397
18398237
18399
18400
18401
18402
184031 Q. Next page, quote, She's hilarious. You
18404
18405
184062 just don't get her. Lighten up cupcake, close
18407
18408
184093 quote. Did you send that Tweet?
18410
18411
184124 A. Yeah.
18413
18414
184155 Q. Next page there's a Tweet that says,
18416
18417
184186 quote, I issued a press release in response to a
18419
18420
184217 media appearance, close quote.
18422
18423
184248 Did you send that Tweet?
18425
18426
184279 A. You're too far ahead of me. I don't know
18428
18429
1843010 where you are.
18431
18432
1843311 Q. The bottom underneath the picture of
18434
18435
1843612 Jiminy Cricket. You're on the right page, next to
18437
18438
1843913 last Tweet. Quote, I did not write a story,
18440
18441
1844214 period. I issued a press release in response to
18443
1844415 a --
18445
18446
1844716 A. Yep, that was me.
18448
18449
1845017 Q. The next page, there's towards the top a
18451
18452
1845318 Tweet that says, Loyalty is Royalty! Do you see
18454
18455
1845619 that?
18457
18458
1845920 A. Yes.
18460
18461
1846221 Q. And did you send this Tweet?
18463
18464
1846522 A. Yes.
18466
18467
1846823 Q. And why did you send this Tweet to
18469
18470
1847124 @C4T_F1SH?
18472
18473
1847425 A. As you can see, that is a follow Friday
18475
18476238
18477
18478
18479
18480
184811 reply. So someone had tagged me and then followed
18482
18483
184842 Friday, and I replied with a followed Friday, and
18485
18486
184873 just in a phrase that was top of mind, for some
18488
18489
184904 reason.
18491
18492
184935 Q. I mean, I have no idea what #FF is, so
18494
18495
184966 what's that?
18497
18498
184997 A. It's a followed Friday.
18500
18501
185028 Q. What does that mean?
18503
18504
185059 A. Followed Friday. You're telling people
18506
18507
1850810 who follow you to follow these people on Twitter.
18509
18510
1851111 Q. So what you're saying to people on
18512
18513
1851412 Twitter is if you read my Tweets you should also
18515
18516
1851713 read of these other people, is that right?
18518
18519
1852014 A. Sure, yeah.
18521
1852215 Q. I mean, neither the jury nor I are
18523
18524
1852516 conversant in how Twitter works, so I don't think
18526
18527
1852817 it's obvious as far as laughing at it.
18529
18530
1853118 A. I'm not laughing at you. I thought it
18532
18533
1853419 was a humorous explanation. My apologies.
18535
18536
1853720 Q. But you think that explanation is roughly
18538
18539
1854021 accurate?
18541
18542
1854322 A. Yeah, it's absolutely accurate.
18544
18545
1854623 Q. I want to show you what's marked as
18547
18548
1854924 Exhibit 52.
18550
18551
1855225 (Defendant's Exhibit 52 marked)
18553
18554239
18555
18556
18557
18558
185591 BY MR DAVIS:
18560
18561
185622 Q. 52 is another composite document. Page 2
18563
18564
185653 is the dismissal of the charges you brought
18566
18567
185684 against Ms. Scott in North Carolina. Had you seen
18569
18570
185715 this prior to our giving you a copy of it?
18572
18573
185746 A. Not prior to you providing a copy, no.
18575
18576
185777 Q. And the next page purports to be an order
18578
18579
185808 from the State of North Carolina denying your
18581
18582
185839 request for a no contact order against Ms. Scott.
18584
18585
1858610 Have you seen this before?
18587
18588
1858911 A. Yes.
18590
18591
1859212 Q. And is it accurate that the State of
18593
18594
1859513 North Carolina declined to issue a no contact
18596
18597
1859814 order against Ms. Scott for cyberstalking?
18599
1860015 A. It is.
18601
18602
1860316 Q. Okay. And the next two pages purport to
18604
18605
1860617 be a complaint seeking a no contact order. Is
18607
18608
1860918 this the complaint you filed in North Carolina
18610
18611
1861219 against Ms. Scott?
18613
18614
1861520 A. I assume it is. This is not anything
18616
18617
1861821 that I've ever seen before.
18619
18620
1862122 Q. Flip ahead of that. So that page.
18622
18623
1862423 A. This?
18625
18626
1862724 Q. Complaint. (Indicating.) Go up one more
18628
18629
1863025 page. Go up one more page.
18631
18632240
18633
18634
18635
18636
186371 A. This?
18638
18639
186402 Q. Yeah. Is that and the next page a copy
18641
18642
186433 of the complaint you filed in North Carolina
18644
18645
186464 against Ms. Scott?
18647
18648
186495 A. Yes.
18650
18651
186526 Q. And does your signature appear on the
18653
18654
186557 next page?
18656
18657
186588 A. Yes.
18659
18660
186619 Q. Then you contend Ms. Scott cyberharassed
18662
18663
1866410 you, even though the State of North Carolina
18665
18666
1866711 declined to issue a no contact order and dismissed
18668
18669
1867012 the criminal charges against her, correct?
18671
18672
1867313 A. Yes.
18674
18675
1867614 Q. And you made that accusation publicly,
18677
1867815 correct?
18679
18680
1868116 A. Probably. I don't know. I could have.
18682
18683
1868417 Q. Well, you definitely called Ms. Scott a
18685
18686
1868718 stalker on line, haven't you?
18688
18689
1869019 A. You haven't shown me anything where I was
18691
18692
1869320 talking about her, no.
18694
18695
1869621 Q. So if I don't show you the Tweet you have
18697
18698
1869922 no idea if you sent it?
18700
18701
1870223 A. Well, no, that's not what I said. I'm
18703
18704
1870524 saying the Tweets that you showed me, no one was
18706
18707
1870825 mentioned.
18709
18710241
18711
18712
18713
18714
187151 Q. Did you ever call Ms. Scott a stalker on
18716
18717
187182 the internet?
18719
18720
187213 A. I could have.
18722
18723
187244 Q. Did you?
18725
18726
187275 A. I could have.
18728
18729
187306 Q. I know that you could have. Anything
18731
18732
187337 could have happened.
18734
18735
187368 Do you recall calling Ms. Scott a stalker
18737
18738
187399 on the internet?
18740
18741
1874210 A. I recall, and I can specifically recall
18743
18744
1874511 calling her an alleged cyber stalker.
18746
18747
1874812 Q. Oh, that was prudent. But you don't
18749
18750
1875113 recall calling her an actual stalker.
18752
18753
1875414 A. I'm not denying it.
18755
1875615 (Defendant's Exhibit 53 marked)
18757
18758
1875916 BY MR. DAVIS:
18760
18761
1876217 Q. All right. I'm going to show you what's
18763
18764
1876518 been marked as Exhibit 53. Did you send the Tweet
18766
18767
1876819 on the first page of Exhibit 53?
18769
18770
1877120 A. It's my Twitter account, but I can't tell
18772
18773
1877421 what that Tweet is. It's cut off.
18775
18776
1877722 Q. This Tweet right here that says I really
18778
18779
1878023 am a geek, I just don't play one on Twitter.
18781
18782
1878324 A. That's not a Tweet. That's my profile.
18784
18785
1878625 Q. Okay, so that is your profile, I
18787
18788242
18789
18790
18791
18792
187931 misspoke. I'm sure the jury knew that. #InfoSec
18794
18795
187962 means what, information security?
18797
18798
187993 A. Yes.
18800
18801
188024 Q. And #INT means what?
18803
18804
188055 A. On-line intel.
18806
18807
188086 Q. And --
18809
18810
188117 A. Personal intel.
18812
18813
188148 Q. And #Linux refers to some operating
18815
18816
188179 system for people who use computers that are more
18818
18819
1882010 sophisticated than those of us who use Microsoft
18821
18822
1882311 Office?
18824
18825
1882612 A. Yes.
18827
18828
1882913 Q. And what does #ENTJ mean?
18830
18831
1883214 A. Myers-Briggs.
18833
1883415 Q. The next page of Exhibit 53, the top is
18835
18836
1883716 also an accurate representation of a profile on a
18838
18839
1884017 Twitter account you have, correct?
18841
18842
1884318 A. It's more -- yeah, it's from a different
18844
18845
1884619 time, yes.
18847
18848
1884920 Q. And what does #Ubuntu mean?
18850
18851
1885221 A. It's a Linux operating system.
18853
18854
1885522 Q. And what does #CyberNinja is sidekick
18856
18857
1885823 mean?
18859
18860
1886124 A. It's a joke.
18862
18863
1886425 Q. Okay. And I assume, quote, I block
18865
18866243
18867
18868
18869
18870
188711 eyeballs, close quote, means that you are
18872
18873
188742 proficient in maintaining anonymity on line?
18875
18876
188773 A. No.
18878
18879
188804 Q. What does it mean?
18881
18882
188835 A. I knew that was going to be -- there is a
18884
18885
188866 group of trolls that use eyeballs to troll people.
18887
18888
188897 I blocked them. That's all it means.
18890
18891
188928 Q. All right. The next page of Exhibit 53
18893
18894
188959 is an article that a member of GhostSec gave to
18896
18897
1889810 the magazine called security affairs. Were you
18899
18900
1890111 the person that gave this interview?
18902
18903
1890412 A. We've spoke about how I can't identify if
18905
18906
1890713 or which accounts I used at any time as part of
18908
18909
1891014 this.
18911
1891215 Q. And how would disclosing whether you gave
18913
18914
1891516 this interview violate your department of defense
18916
18917
1891817 NDA?
18919
18920
1892118 A. Well, for one thing it would put my life
18922
18923
1892419 in danger. So if you'd like for -- like some
18925
18926
1892720 other people like to do, put my name out there in
18928
18929
1893021 conjunction with certain identities that could get
18931
18932
1893322 me killed, then sure, let's go ahead and do that.
18934
18935
1893623 Q. So you're declining to identify whether
18937
18938
1893924 you're the person who gave this interview because
18940
18941
1894225 your subject to a nondisclosure agreement.
18943
18944244
18945
18946
18947
18948
189491 A. Yeah.
18950
18951
189522 Q. Okay. So we'll address that like we did
18953
18954
189553 the other issue that came up with the
18956
18957
189584 nondisclosure agreement. Is that fair?
18959
18960
189615 A. Sure.
18962
18963
189646 Q. All right. This interview says, quote,
18965
18966
189677 One thing I will say that I do is jack Twitter
18968
18969
189708 accounts, close quote.
18971
18972
189739 Is that one thing you can do?
18974
18975
1897610 A. No, I've never jacked a Twitter account.
18977
18978
1897911 Q. All right. Skipping ahead after the
18980
18981
1898212 article on Exhibit 53 there's a Tweet from
18983
18984
1898513 AnOnCyberGhost that says, I'm back. Do you see
18986
18987
1898814 that?
18989
1899015 A. Yes.
18991
18992
1899316 Q. And do you know who sent this Tweet?
18994
18995
1899617 A. AnOnCyberGhost.
18997
18998
1899918 Q. And do you know who the person or persons
19000
19001
1900219 affiliated with AnOnCyberGhost are?
19003
19004
1900520 A. No.
19006
19007
1900821 Q. Okay. You do believe that the person or
19009
19010
1901122 persons affiliated this Twitter account are former
19012
19013
1901423 GhostSec members, don't you?
19015
19016
1901724 A. Yes.
19018
19019
1902025 Q. And why is that?
19021
19022245
19023
19024
19025
19026
190271 A. Because this Twitter account was always
19028
19029
190302 listed as a GhostSec member on line.
19031
19032
190333 Q. Okay. The next page there's some more
19034
19035
190364 Tweets from AnOnCyberGhost, and you see how the
19037
19038
190395 second and third Tweets quote from the press
19040
19041
190426 release you issued about Ms. Scott?
19043
19044
190457 A. Yeah, do they? It's so blurry, I can't
19046
19047
190488 tell.
19049
19050
190519 Q. Well, I can read it. The second Tweet
19052
19053
1905410 says, The behavior by four accounts that are
19055
19056
1905711 believed to be Kathy Scott @DakotaFreePress
19058
19059
1906012 @womanspartyUSA @1000Girlfriends and
19061
19062
1906313 @manmobTweeters includes pretending to be a
19064
19065
1906614 14-year-old, et cetera, et cetera.
19067
1906815 You recall that as being part of your
19069
19070
1907116 press release, correct?
19072
19073
1907417 A. Yes.
19075
19076
1907718 Q. Do you have any idea how this member of
19078
19079
1908019 GhostSec got a press release you wrote about Kathy
19081
19082
1908320 Scott?
19084
19085
1908621 A. It's right here. AltConRadio.com had it
19087
19088
1908922 posted.
19090
19091
1909223 Q. Well, you think that this person got this
19093
19094
1909524 article from AltConRadio.com and published it, as
19096
19097
1909825 opposed to getting it directly from you?
19099
19100246
19101
19102
19103
19104
191051 A. I know that he did.
19106
19107
191082 Q. Just because the phrase AltConRadio.com
19109
19110
191113 is linked here?
19112
19113
191144 A. He didn't get it directly from me.
19115
19116
191175 Q. And you think this person went to
19118
19119
191206 AltConRadio.com, found your press release and
19121
19122
191237 re-Tweeted part of it because Ms. Scott doxed a
19124
19125
191268 patriot; is that right?
19127
19128
191299 A. No. The first time I noticed this person
19130
19131
1913210 or had ever seen them before in my entire life, he
19133
19134
1913511 was responding to her dox of a veteran. A Naval
19136
19137
1913812 veteran, to be exact.
19139
19140
1914113 Q. Do you have some understanding of why it
19142
19143
1914414 is that AnonCyberGhost is sending out Tweets about
19145
1914615 Ms. Scott quoting a press release that you wrote
19147
19148
1914916 that would not be explained by you coordinating
19150
19151
1915217 with this person?
19153
19154
1915518 A. Yes, I have plenty of explanations for
19156
19157
1915819 him.
19159
19160
1916120 Q. Explain that to us.
19162
19163
1916421 A. There were other people Tweeting that
19165
19166
1916722 from this exact URL. If it were my blog, if it
19168
19169
1917023 were my URL, it might make more sense for you to
19171
19172
1917324 say that I coordinated with them. What you're
19174
19175
1917625 trying to say makes absolutely no sense
19177
19178247
19179
19180
19181
19182
191831 whatsoever.
19184
19185
191862 Q. Well, it would be bad informational
19187
19188
191893 security for @AnonCyberGhost to put a website
19190
19191
191924 directly attributable to you in the Tweet,
19193
19194
191955 wouldn't it?
19196
19197
191986 A. Yeah, I've answered your question.
19199
19200
192017 Q. You know what I'm getting at, right?
19202
19203
192048 A. You're being ridiculous.
19205
19206
192079 MR. LOTT: Object to the form of the
19208
19209
1921010 question.
19211
19212
1921311 A. You're being ridiculous. I've answered
19214
19215
1921612 your question. He didn't get it from me. He got
19217
19218
1921913 it from AltCon. Other people were Tweeting it.
19220
19221
1922214 Good luck with that.
19223
1922415 BY MR. DAVIS:
19225
19226
1922716 Q. And your understanding of the reason why
19228
19229
1923017 this Twitter account was Tweeting this information
19231
19232
1923318 is what?
19234
19235
1923619 A. What -- excuse me just a moment. Well,
19237
19238
1923920 if your screen shots had dates like they should, I
19240
19241
1924221 might be able to tell you. I know that I did this
19243
19244
1924522 on October 1st. It looks like the first time he
19246
19247
1924823 was around was October 13th, because he says he's
19249
19250
1925124 back. The press release was done October 1st.
19252
19253
1925425 This was all before I even knew who he was or what
19255
19256248
19257
19258
19259
19260
192611 GhostSec was.
19262
19263
192642 Q. Here's the question I'd like you to
19265
19266
192673 answer: What is your explanation to the jury as
19268
19269
192704 to why this Twitter account was sending out Tweets
19271
19272
192735 quoting your press release?
19274
19275
192766 MR. LOTT: Object to the form of the
19277
19278
192797 question. But if you know, feel free to answer.
19280
19281
192828 A. It's public, it's Twitter. He saw it.
19283
19284
192859 BY MR. DAVIS:
19286
19287
1928810 Q. But as opposed to any other content on
19289
19290
1929111 the internet, do you have some explanation for us
19292
19293
1929412 as to why this particular account is sending out
19295
19296
1929713 Tweets about Kathy Scott?
19298
19299
1930014 A. The answers I've already given, which are
19301
1930215 several.
19303
19304
1930516 Q. And I'm not trying to be obstinate, but I
19306
19307
1930817 really don't understand. It appears to me what
19309
19310
1931118 you're saying is it's a coincidence that this
19312
19313
1931419 account is Tweeting about Kathy Scott shortly
19315
19316
1931720 after you started Tweeting about Kathy Scott or
19318
19319
1932021 she somehow independently upset this person that
19321
19322
1932322 had nothing to do with you. Is that your prior
19324
19325
1932623 answer?
19327
19328
1932924 A. I have no idea. Other than doxing Hammy,
19330
19331
1933225 I have no idea how she upset him, other than that.
19333
19334249
19335
19336
19337
19338
193391 It didn't have anything to do with me. I didn't
19340
19341
193422 even know him then.
19343
19344
193453 Q. So you have no explanation for what's
19346
19347
193484 motivating this person beyond, quote, doxing
19349
19350
193515 Hammy, close quote.
19352
19353
193546 A. No.
19355
19356
193577 Q. Okay. Skipping ahead after your press
19358
19359
193608 release, there's another Tweet from
19361
19362
193639 AnOnCyberGhost, and that's a picture of your
19364
19365
1936610 business partner, Stacey Lennox, in that Tweet,
19367
19368
1936911 correct?
19370
19371
1937212 A. Yes.
19373
19374
1937513 Q. Is that because Ms. Lennox re-Tweeted
19376
19377
1937814 this particular Tweet?
19379
1938015 A. I don't know. She re-Tweeted it or
19381
19382
1938316 favorited it.
19384
19385
1938617 Q. Okay. The next page, do you know the
19387
19388
1938918 person or persons who use the Twitter account
19390
19391
1939219 @asideofbacon?
19393
19394
1939520 A. No. I don't know that either.
19396
19397
1939821 Q. You don't know if Stacey Lennox is
19399
19400
1940122 @asideofbacon?
19402
19403
1940423 A. Oh, I know Stacey Lennox is not
19405
19406
1940724 @asideofbacon.
19408
19409
1941025 Q. How do you know that?
19411
19412250
19413
19414
19415
19416
194171 A. Because everybody knows that.
19418
19419
194202 Q. How?
19421
19422
194233 A. Bacon, @asideofbacon writes and blogs and
19424
19425
194264 is associated with people who fight against the
19427
19428
194295 abuses of the Indiana Speedway bomber and his
19430
19431
194326 supporters. She fights that kind of free speech
19433
19434
194357 suppression. Stacey doesn't have anything to do
19436
19437
194388 with that. She stays really busy, and I know that
19439
19440
194419 that's not her.
19442
19443
1944410 Q. Well, you do know there's a variety of
19445
19446
1944711 Tweets from @asideofbacon about Ms. Scott, don't
19448
19449
1945012 you?
19451
19452
1945313 A. Yes.
19454
19455
1945614 Q. So what does that have to do with Indiana
19457
1945815 or whatever --
19459
19460
1946116 A. You asked me how to explain that I knew
19462
19463
1946417 that they weren't the same person, and I did that.
19465
19466
1946718 Q. Because Stacey Scott [sic] wouldn't have
19468
19469
1947019 ever sent out any Tweets about Indiana, is that
19471
19472
1947320 right?
19474
19475
1947621 A. No, because that's not something that
19477
19478
1947922 Stacey does. Bacon stays very busy doing it.
19480
19481
1948223 Stacey stays very busy doing other things.
19483
19484
1948524 Q. It would be good informational security
19486
19487
1948825 to send out Tweets on a subject that you could not
19489
19490251
19491
19492
19493
19494
194951 be publicly affiliated with in order to maintain
19496
19497
194982 the anonymity of a Twitter account, wouldn't it?
19499
19500
195013 A. I'm -- no, it wouldn't.
19502
19503
195044 Q. Why not?
19505
19506
195075 A. Because it takes far too much time to
19508
19509
195106 create an entirely different persona that has
19511
19512
195137 10 -- five six, seven years of history with a
19514
19515
195168 group of people on social media, and blogs, and
19517
19518
195199 any other number of places that is well known to
19520
19521
1952210 people like Stacey McCain, people that actually
19523
19524
1952511 ended up in my interrogatories somehow, and has
19526
19527
1952812 done the amount of work on -- with those people
19529
19530
1953113 that Bacon has. It's -- yeah. So no, that would
19532
19533
1953414 be very bad informational security.
19535
1953615 Q. Because it would be time consuming.
19537
19538
1953916 A. Yeah, it would be stupid.
19540
19541
1954217 Q. Well, it would be a time consuming way to
19543
19544
1954518 ensure you could not be publicly linked to a
19546
19547
1954819 Twitter account, right?
19549
19550
1955120 A. Yeah -- no. It doesn't make any sense at
19552
19553
1955421 all. It's not good informational security because
19555
19556
1955722 it doesn't make any sense. You understand risk
19558
19559
1956023 and rewards? Not worth it.
19561
19562
1956324 Q. The -- Stacey Lenox's public Twitter
19564
19565
1956625 account is @ScotsFyre, correct?
19567
19568252
19569
19570
19571
19572
195731 A. Uh-huh, yes.
19574
19575
195762 Q. And if you look at the last page of
19577
19578
195793 Exhibit 53, any idea why she's Tweeting court
19580
19581
195824 orders about Ms. Lennox to AnonCyberGhost?
19583
19584
195855 A. You'll have to ask her that question.
19586
19587
195886 Q. I'll show you a document we'll mark as
19589
19590
195917 Exhibit 54.
19592
19593
195948 (Defendant's Exhibit 54 marked)
19595
19596
195979 BY MR. DAVIS:
19598
19599
1960010 Q. And why is it that you're Tweeting hugs
19601
19602
1960311 and kisses to IsraelsACG?
19604
19605
1960612 A. I don't -- I think -- I don't think those
19607
19608
1960913 two Tweets go together.
19610
19611
1961214 Q. Okay. That's not my question. My
19613
1961415 question is: Why are you Tweeting hugs and kisses
19615
19616
1961716 to Israels ACG?
19618
19619
1962017 A. I believe that had to do with a -- I
19621
19622
1962318 might be thinking about the wrong Tweet, though.
19624
19625
1962619 I don't know. November 12th, that was when I was
19627
19628
1962920 in Jamaica, you know. I don't know. I don't
19630
19631
1963221 know.
19633
19634
1963522 Q. Okay. You do know that the acronym ACG
19636
19637
1963823 stands for Anonymous Cyber Ghost?
19639
19640
1964124 A. Yes.
19642
19643
1964425 Q. And the name of your business was Ghost
19645
19646253
19647
19648
19649
19650
196511 Cyber Intelligence?
19652
19653
196542 A. Yes.
19655
19656
196573 Q. And how is it that you know the acronym
19658
19659
196604 ACG stands for Anonymous Cyber Ghost?
19661
19662
196635 A. It's all in these. It's all -- it's all
19664
19665
196666 in these exhibits. I saw it on Twitter.
19667
19668
196697 Q. Okay. So somewhere on Twitter there's a
19670
19671
196728 Tweet that says ACG means Anonymous Cyber Ghost.
19673
19674
196759 A. No. It would be right here where -- here
19676
19677
1967810 it would say @AnonCyberGhost, and -- well, that's
19679
19680
1968111 funny. The name is cut off. Oh, and right here
19682
19683
1968412 it would say ACG.
19685
19686
1968713 Q. Okay. That's all I'm asking is how you
19688
19689
1969014 knew that.
19691
1969215 A. Yeah. Just telling you.
19693
19694
1969516 Q. And you're representing to the jury that
19696
19697
1969817 you don't know -- well, let me ask you this: Do
19699
19700
1970118 you know why Israel's ACG is sending out Tweets
19702
19703
1970419 about Ms. Scott?
19705
19706
1970720 A. You're asking me to explain what an
19708
19709
1971021 Anonymous adult identity --
19711
19712
1971322 MR. LOTT: Just answer the question. If
19714
19715
1971623 you know the answer.
19717
19718
1971924 A. No, I can't answer that.
19720
19721
1972225 Q. What I asked you is do you know.
19723
19724254
19725
19726
19727
19728
197291 A. I can't answer that. I can't explain why
19730
19731
197322 somebody else is doing something.
19733
19734
197353 Q. So just so we're clear, you have no
19736
19737
197384 explanation to the jury as to why it is that
19739
19740
197415 Israels ACG is sending out Tweets about Kathy
19742
19743
197446 Scott, right?
19745
19746
197477 A. No.
19748
19749
197508 Q. Okay. Any theories?
19751
19752
197539 A. Yeah.
19754
19755
1975610 Q. And those are?
19757
19758
1975911 A. You won't like them. You'll cut me off
19760
19761
1976212 like you did on the other ones.
19763
19764
1976513 Q. I've never cut you off. Please tell me
19766
19767
1976814 the answer.
19769
1977015 A. He saw the horrible things that she was
19771
19772
1977316 saying about people, the way that she was trolling
19774
19775
1977617 people. He possibly saw the way that she was
19777
19778
1977918 pretending to be a 14-year-old and calling people
19780
19781
1978219 pedophiles for talking to her, I don't know. He
19783
19784
1978520 saw her bad behavior and he didn't like it.
19786
19787
1978821 That's my theory. That's my theory.
19789
19790
1979122 Q. Okay. I don't want to cut you off. So
19792
19793
1979423 are you done with your answer?
19795
19796
1979724 A. Thank you, I appreciate it.
19798
19799
1980025 Q. Are you done with your answer?
19801
19802255
19803
19804
19805
19806
198071 A. Yes.
19808
19809
198102 Q. And on page 3 of Exhibit 54 you see that
19811
19812
198133 Israel's ACG is texting with both you and Stacey
19814
19815
198164 Lennox -- or Tweeting with you and Stacey Lennox,
19817
19818
198195 correct?
19820
19821
198226 A. Yeah. Could be. What's the date on
19823
19824
198257 that?
19826
19827
198288 Q. November 12th, 2015.
19829
19830
198319 A. Uh-huh.
19832
19833
1983410 Q. And why -- do you have any understanding
19835
19836
1983711 of why it is that this person's Tweeting with you
19838
19839
1984012 and your business partner, both of whom are in
19841
19842
1984313 disputes with Ms. Scott, about where your warrants
19844
19845
1984614 are?
19847
1984815 A. What page is that on?
19849
19850
1985116 Q. The third page of Exhibit 54 above the
19852
19853
1985417 giant picture of the grinning old man.
19855
19856
1985718 A. Troll man. He's not talking about where
19858
19859
1986019 our warrants are, he's talking about where his
19861
19862
1986320 warrant is.
19864
19865
1986621 Q. And what's your understanding of why that
19867
19868
1986922 Tweet's being sent to you and your business
19870
19871
1987223 partner, Ms. Lennox?
19873
19874
1987524 A. I can't explain to you why he does
19876
19877
1987825 anything except that he was threatened with a
19879
19880256
19881
19882
19883
19884
198851 warrant.
19886
19887
198882 Q. Right. But why did he send a Tweet about
19889
19890
198913 that to you and Ms. Lennox?
19892
19893
198944 A. I don't know.
19895
19896
198975 Q. Did you Tweet him back and say, Who the
19898
19899
199006 hell are you and why are you texting me or
19901
19902
199037 e-mailing me, Twittering me?
19904
19905
199068 A. My Tweet is not on here. I don't know
19907
19908
199099 what I said.
19910
19911
1991210 Q. Do you recall independent of what we're
19913
19914
1991511 looking at?
19916
19917
1991812 A. No, no, this was -- no, two years ago.
19919
19920
1992113 Q. Do you think that you Tweeted this person
19922
19923
1992414 back and said, I don't know why you're sending me
19925
1992615 this Tweet? I have no idea what you're talking
19927
19928
1992916 about?
19930
19931
1993217 A. No.
19933
19934
1993518 Q. Because you did know what he was talking
19936
19937
1993819 about, right?
19939
19940
1994120 A. No.
19942
19943
1994421 Q. Do you know who @izziejsmom is?
19945
19946
1994722 A. Yes.
19948
19949
1995023 Q. Who is that?
19951
19952
1995324 A. Donna, but I don't know her last name.
19954
19955
1995625 Well, I might know her last name but I can't
19957
19958257
19959
19960
19961
19962
199631 remember it right now. But she's not an unknown
19964
19965
199662 entity. Everybody pretty much knows who Donna is.
19967
19968
199693 Q. Well, not me, that's why I asked, but I
19970
19971
199724 hear you.
19973
19974
199755 All right. So just so I understand your
19976
19977
199786 testimony, which I think is pretty clear, you
19979
19980
199817 never coordinated with the person using the
19982
19983
199848 Twitter account @IsraelsACG to harass Ms. Scott.
19985
19986
199879 Your testimony is you think this person or these
19988
19989
1999010 persons just started sending these Tweets to
19991
19992
1999311 Ms. Scott because Ms. Scott's a bad actor; is that
19994
19995
1999612 right?
19997
19998
1999913 MR. LOTT: Object to the form of the
20000
20001
2000214 question. Go ahead.
20003
2000415 A. I never coordinated.
20005
20006
2000716 (Defendant's Exhibit 55 marked)
20008
20009
2001017 BY MR. DAVIS:
20011
20012
2001318 Q. I'm going to show you a document we'll
20014
20015
2001619 mark as Exhibit 55.
20017
20018
2001920 Here in Exhibit 55 this person who calls
20020
20021
2002221 him or herself Commander Xavior sends a Tweet
20023
20024
2002522 about Evalynn Tomkins, paren Crow. Do you see
20026
20027
2002823 that? The first page?
20029
20030
2003124 A. Uh-huh.
20032
20033
2003425 Q. Yes?
20035
20036258
20037
20038
20039
20040
200411 A. Yes.
20042
20043
200442 Q. And this is the same person who is using
20045
20046
200473 the Twitter account @CrowReturns1?
20048
20049
200504 A. Yes.
20051
20052
200535 Q. And the same person that you allege
20054
20055
200566 Ms. Scott tried to get to hack you, correct?
20057
20058
200597 A. Yes.
20060
20061
200628 Q. Okay. Any idea why this person is
20063
20064
200659 complaining about Crow?
20066
20067
2006810 A. He's complaining about Gary, I believe.
20069
20070
2007111 Gary Lovett.
20072
20073
2007412 Q. We're looking at two different Tweets.
20075
20076
2007713 You're talking about the Tweet that uses the name
20078
20079
2008014 Gary. I'm talking about the Tweet that doesn't
20081
2008215 mention Gary at all, it mentions Crow.
20083
20084
2008516 A. Oh.
20086
20087
2008817 Q. Any idea why this Tweet mentions this
20089
20090
2009118 person that you think Ms. Scott sicced on you on
20092
20093
2009419 the internet?
20095
20096
2009720 A. Actually I know that, because I've had
20098
20099
2010021 conversations with her since then. It -- it would
20101
20102
2010322 have to have something to do with Ducky. I've
20104
20105
2010623 seen screen shots. I've seen Ducky screen shots
20107
20108
2010924 regarding Crow, so . . .
20110
20111
2011225 Q. So what is the relationship between Ducky
20113
20114259
20115
20116
20117
20118
201191 and Commander Xavior?
20120
20121
201222 A. I don't think that there is a
20123
20124
201253 relationship. I don't really know. Ducky's just
20126
20127
201284 a -- you know, I mean I've explained Ducky I don't
20129
20130
201315 know how many times. So I don't really know what
20132
20133
201346 else to tell you.
20135
20136
201377 Q. My question was: Do you have an
20138
20139
201408 explanation why this person named Commander Xavior
20141
20142
201439 is referencing Crow?
20144
20145
2014610 A. Yeah, and I gave you a theory. Maybe it
20147
20148
2014911 has something to do with Ducky.
20150
20151
2015212 Q. Right. Why would the word Ducky explain
20153
20154
2015513 the fact that Commander Xavior is sending Tweets
20156
20157
2015814 out about Crow?
20159
2016015 A. I mean, I really don't know.
20161
20162
2016316 Q. So how is that an explanation?
20164
20165
2016617 A. Well, maybe it's not an explanation. I
20167
20168
2016918 don't really have one.
20170
20171
2017219 Q. Okay. So can you explain to the jury why
20173
20174
2017520 the person using this Twitter account is
20176
20177
2017821 referencing Crow?
20179
20180
2018122 A. No, not really, no.
20182
20183
2018423 Q. But you do know Commander Xavior, right?
20185
20186
2018724 A. Yeah, I mean, I know who he is. I
20188
20189
2019025 don't -- I don't know who he is. I know the
20191
20192260
20193
20194
20195
20196
201971 Twitter account, that's it.
20198
20199
202002 Q. On page 5 of Exhibit 55.
20201
20202
202033 A. Yep.
20204
20205
202064 Q. Did you send a Tweet that said, Why did
20207
20208
202095 Daddy leave again?
20210
20211
202126 A. Oh, no, no. That's one of Ducky's
20213
20214
202157 impersonation accounts of me.
20216
20217
202188 Q. That's why we ask these questions.
20219
20220
202219 A. Yeah, good question.
20222
20223
2022410 Q. And you see on the first page of Exhibit
20225
20226
2022711 55 under Commander Xavior's profile there's the
20228
20229
2023012 phrase AnonCyberGhost trademark, do you see that?
20231
20232
2023313 First page?
20234
20235
2023614 A. Yeah.
20237
2023815 Q. Is it your understanding that Commander
20239
20240
2024116 Xavior used both the Twitter accounts
20242
20243
2024417 @undoxableAnon and @AnonCyberGhost?
20245
20246
2024718 A. Yes.
20248
20249
2025019 Q. Any other Twitter accounts you know that
20251
20252
2025320 Commander Xavior used?
20254
20255
2025621 A. There were. There have been. But I
20257
20258
2025922 don't remember what they are.
20260
20261
2026223 Q. You see under Commander Xavior's Twitter
20263
20264
2026524 profile it says #OSINT?
20266
20267
2026825 A. Yes.
20269
20270261
20271
20272
20273
20274
202751 Q. And you said that's on-line security
20276
20277
202782 intelligence?
20279
20280
202813 A. It's -- I can't remember the acronym
20282
20283
202844 right now, I mean, just because I'm tired. My
20285
20286
202875 head's not really working. But it stands for the
20288
20289
202906 bread crumbs you leave behind on line, how people
20291
20292
202937 find you.
20294
20295
202968 Q. Same hashtag you have on your Twitter
20297
20298
202999 profile, right?
20300
20301
2030210 A. Yeah. Lots of people. Did you search
20303
20304
2030511 for how many people on line have --
20306
20307
2030812 MR. LOTT: Don't ask any questions.
20309
20310
2031113 Answer the questions that are asked.
20312
20313
2031414 THE WITNESS: Sorry.
20315
2031615 A. Lots of people use that. There's
20317
20318
2031916 probably a million Twitter users with that
20320
20321
2032217 hashtag.
20323
20324
2032518 BY MR. DAVIS:
20326
20327
2032819 Q. All of them harassing Kathy Scott,
20329
20330
2033120 correct? That was rhetorical.
20332
20333
2033421 (Defendant's Exhibit 56 marked)
20335
20336
2033722 BY MR. DAVIS:
20338
20339
2034023 Q. I'll show you a document marked Exhibit
20341
20342
2034324 56. Did you send this Tweet that says, When this
20344
20345
2034625 is between you and the front door, that has this
20347
20348262
20349
20350
20351
20352
203531 picture?
20354
20355
203562 A. Yes.
20357
20358
203593 Q. That was in reference to Ms. Scott,
20360
20361
203624 correct?
20363
20364
203655 A. No one is mentioned in that Tweet.
20366
20367
203686 Q. I understand. But that Tweet is in
20369
20370
203717 reference to Ms. Scott.
20372
20373
203748 A. How would you know that?
20375
20376
203779 Q. I'm asking you since you sent the Tweet,
20378
20379
2038010 is this in reference to Ms. Scott?
20381
20382
2038311 A. No one is mentioned in this Tweet.
20384
20385
2038612 Q. I understand that it doesn't use
20387
20388
2038913 Ms. Scott's name or refer to Ms. Scott. Was the
20390
20391
2039214 Tweet a private joke between you and Jason
20393
2039415 Dombrowski about Kathy Scott?
20395
20396
2039716 A. No, no.
20398
20399
2040017 Q. You knew when Mr. Dombrowski sent a Tweet
20401
20402
2040318 that said roll a vodka bottle at it, he was
20404
20405
2040619 referring to Ms. Scott, correct?
20407
20408
2040920 A. Where is that?
20410
20411
2041221 Q. Right above the picture here.
20413
20414
2041522 A. This second Tweet.
20416
20417
2041823 Q. Roll a vodka bottle at it.
20419
20420
2042124 A. My Tweet is not in response to his Tweet.
20422
20423
2042425 This is not a reply to him.
20425
20426263
20427
20428
20429
20430
204311 Q. You knew that when Jason Dombrowski sent
20432
20433
204342 the Tweet --
20435
20436
204373 A. No, I never saw the Tweet.
20438
20439
204404 Q. The Tweet that has this picture, what's
20441
20442
204435 that about? Why did you send this Tweet?
20444
20445
204466 A. I just sent it. It's not in response to
20447
20448
204497 his Tweet. And no, I didn't know she was talking
20450
20451
204528 about Kathy Scott because I never saw his Tweet.
20453
20454
204559 Q. Okay. So forget I said that. Why did
20456
20457
2045810 you send this Tweet on January 10th that says,
20459
20460
2046111 When this is between you and the front door, that
20462
20463
2046412 has this picture?
20465
20466
2046713 A. I just sent it.
20468
20469
2047014 Q. Well, what was it in reference to?
20471
2047215 A. Realizing that -- realizing that this
20473
20474
2047516 couldn't get really tricky for you down the road,
20476
20477
2047817 I was referencing an incident in court in Clarke
20479
20480
2048118 County, and that's my answer.
20482
20483
2048419 Q. So what incident -- the incident involved
20485
20486
2048720 something to do with Ms. Scott, correct?
20488
20489
2049021 A. Indeed.
20491
20492
2049322 Q. Okay. And what did the Tweet mean, that
20494
20495
2049623 you and Ms. Scott stood between you and the front
20497
20498
2049924 door of the courtroom?
20500
20501
2050225 A. You got my lawyer.
20503
20504264
20505
20506
20507
20508
205091 Q. Your lawyer can tell you you have to
20510
20511
205122 answer the question.
20513
20514
205153 THE WITNESS: Do I have to answer the
20516
20517
205184 question?
20519
20520
205215 MR. LOTT: If you can answer the
20522
20523
205246 question, answer the question.
20525
20526
205277 A. It referenced her getting between me and
20528
20529
205308 the front door and hissing at me on the way out.
20531
20532
205339 BY MR. DAVIS:
20534
20535
2053610 Q. So this picture was a reference to
20537
20538
2053911 Ms. Scott.
20540
20541
2054212 A. Yeah, and she's not mentioned. Her name
20543
20544
2054513 is not there.
20546
20547
2054814 Q. And I never said it was. All I did was
20549
2055015 asked you is what the Tweet was about. So now
20551
20552
2055316 that we've established it's about Ms. Scott, you
20554
20555
2055617 have seen the Twitter account
20557
20558
2055918 RIHKathy@KATHYS_DEAD, correct?
20560
20561
2056219 A. No, I don't remember that account.
20563
20564
2056520 Actually, I saw that account for the first time in
20566
20567
2056821 her exhibits. I'd never seen it before.
20569
20570
2057122 Q. So if you look at page 2 of Exhibit 56,
20572
20573
2057423 the similarity between the picture and the Tweet
20575
20576
2057724 you sent is pure coincidence?
20578
20579
2058025 A. This is Linda Blair.
20581
20582265
20583
20584
20585
20586
205871 Q. Who is that?
20588
20589
205902 A. From The Exorcist.
20591
20592
205933 Q. Okay. And if we look at the picture on
20594
20595
205964 the second page of Exhibit 56.
20597
20598
205995 A. That's Kathy reversed out. And I can
20600
20601
206026 tell that because I have an expertise in
20603
20604
206057 Photoshop.
20606
20607
206088 Q. Even though you've never -- well, have
20609
20610
206119 you seen that picture before we produced it in
20612
20613
2061410 this lawsuit?
20615
20616
2061711 A. No. I can look at it and tell. My
20618
20619
2062012 father was a printer and I worked for him from
20621
20622
2062313 high school through college, or after -- well,
20624
20625
2062614 high school till I was, you know, married and
20627
2062815 moved away at 30.
20629
20630
2063116 Q. Okay. So just so we're clear, your
20632
20633
2063417 testimony under oath to the jury is that the
20635
20636
2063718 picture and the Tweet you sent about Ms. Scott is
20638
20639
2064019 a depiction of Linda Blair from the Exorcist and
20641
20642
2064320 it's pure coincidence that it looks like this
20644
20645
2064621 reverse negative of Ms. Scott on the other Twitter
20647
20648
2064922 account @KATHYS_DEAD, correct?
20650
20651
2065223 A. It is pure coincidence, and this is
20653
20654
2065524 actually a GIF that's in Twitter. So it's part of
20656
20657
2065825 a Twitter GIF library.
20659
20660266
20661
20662
20663
20664
206651 Q. I understand your testimony.
20666
20667
206682 (Defendant's Exhibit 57 marked)
20669
20670
206713 BY MR. DAVIS:
20672
20673
206744 Q. I'm going to show you a document marked
20675
20676
206775 Exhibit 57.
20678
20679
206806 MR. LOTT: Would this be a good time to
20681
20682
206837 talk about timing?
20684
20685
206868 MR. DAVIS: Sure, can we go off the
20687
20688
206899 record real quick.
20690
20691
2069210 (Off the record discussion)
20693
20694
2069511 (Recess 5:34 p.m.-5:35 p.m.)
20696
20697
2069812 BY MR. DAVIS:
20699
20700
2070113 Q. All right. I'm going to show you a
20702
20703
2070414 document marked Exhibit 57. First page of Exhibit
20705
2070615 57, did you send the Tweet that starts with, I'm
20707
20708
2070916 telling you?
20710
20711
2071217 A. Yep.
20713
20714
2071518 Q. And you're referring to Ms. Scott's
20716
20717
2071819 husband, correct?
20719
20720
2072120 A. Yep.
20722
20723
2072421 Q. Yes?
20725
20726
2072722 A. Yeah.
20728
20729
2073023 Q. And explain to me what this Tweet means.
20731
20732
2073324 A. It means what it says.
20734
20735
2073625 Q. Well, it says you heard Ms. Scott's
20737
20738267
20739
20740
20741
20742
207431 husband got a promotion, correct?
20744
20745
207462 A. Yeah.
20747
20748
207493 Q. Okay. And where did you hear that from?
20750
20751
207524 A. I don't remember where I heard it from.
20753
20754
207555 Might have looked it up myself.
20756
20757
207586 Q. And where would you look it up?
20759
20760
207617 A. Yeah, I don't remember. I think I saw
20762
20763
207648 him on the holdings list, executives on Bradley
20765
20766
207679 Morris holdings or something. I was trying to
20768
20769
2077010 figure out if he was really fired, since she was
20771
20772
2077311 accusing me of having gotten him fired.
20774
20775
2077612 Q. And what does the second sentence mean?
20777
20778
2077913 Rumors around this part are not reliable.
20780
20781
2078214 A. Just a joke.
20783
2078415 Q. In what way is it funny?
20785
20786
2078716 MR. LOTT: Object to the form of the
20788
20789
2079017 question. But if you know, you are free to
20791
20792
2079318 answer.
20794
20795
2079619 A. Funny is subjective.
20797
20798
2079920 BY MR. DAVIS:
20800
20801
2080221 Q. Right. And I don't even understand what
20803
20804
2080522 the joke is, so I'm asking you, explain the joke
20806
20807
2080823 to me.
20809
20810
2081124 A. It's -- it's my sense of humor. I can't
20812
20813
2081425 explain it to you.
20815
20816268
20817
20818
20819
20820
208211 Q. All right. Is it your testimony here
20822
20823
208242 today under oath -- well, let me go to the next
20825
20826
208273 page, strike that.
20828
20829
208304 The next page of Exhibit 57, did you ever
20831
20832
208335 follow a Twitter account called Hen Pecked
20834
20835
208366 Bill@spoon_cut_hair?
20837
20838
208397 A. I don't remember if I followed that
20840
20841
208428 account or not.
20843
20844
208459 Q. If you look at page 2 of Exhibit 57, page
20846
20847
2084810 2, in the upper right-hand corner this purports to
20849
20850
2085111 show that Lu Esposito @belle_river was following
20852
20853
2085412 Hen Pecked Bill@spoon_fed_hair, see that?
20855
20856
2085713 A. Yes.
20858
20859
2086014 Q. As well as your business partner,
20861
2086215 Ms. Lennox, do you see that?
20863
20864
2086516 A. Yes.
20866
20867
2086817 Q. And does that refresh your recollection
20869
20870
2087118 of whether you followed Hen Pecked Bill?
20872
20873
2087419 A. Well, no. It actually doesn't. I mean,
20875
20876
2087720 I see that you have it pictured here, but it's
20878
20879
2088021 impossible to tell whether or not this has been
20881
20882
2088322 altered in any way, so I still don't remember
20884
20885
2088623 following the account, no.
20887
20888
2088924 Q. Okay. Next page of Exhibit 57, Diane B
20890
20891
2089225 is Diane Beijer that you've talked about here
20893
20894269
20895
20896
20897
20898
208991 today, correct?
20900
20901
209022 A. Yes, sir.
20903
20904
209053 Q. Do you know the person or persons that
20906
20907
209084 use the Twitter account @spoon_cut_hair?
20909
20910
209115 A. No.
20912
20913
209146 Q. You know that the Bill that's Hen Pecked
20915
20916
209177 and being referred to in these Tweets is
20918
20919
209208 Ms. Scott's husband, correct?
20921
20922
209239 A. Yes, I know they're referring to him.
20924
20925
2092610 Q. And how do you know that?
20927
20928
2092911 A. I think it's pretty obvious.
20930
20931
2093212 Q. Well, not to me. When did you learn that
20933
20934
2093513 Hen Pecked Bill@asideofbacon was referring to
20936
20937
2093814 Ms. Scott's husband?
20939
2094015 A. I imagine -- yeah, I don't -- this is
20941
20942
2094316 over two years ago. I don't know.
20944
20945
2094617 (Defendant's Exhibit 58 marked)
20947
20948
2094918 BY MR. DAVIS:
20950
20951
2095219 Q. I'm going to show you a document that
20953
20954
2095520 I'll mark Exhibit 58. And did you ever follow a
20956
20957
2095821 website called @KathyStalks -- excuse me, did you
20959
20960
2096122 ever follow a Twitter account called @KathyStalks?
20962
20963
2096423 A. I don't remember following this account
20965
20966
2096724 either. Only two people did. I'm sure I wasn't
20968
20969
2097025 one of them.
20971
20972270
20973
20974
20975
20976
209771 Q. And it would appear the picture on this
20978
20979
209802 Twitter page is Gollum with the -- Gollum from the
20981
20982
209833 Lord of the Rings with red hair, correct?
20984
20985
209864 A. I don't have a color copy. I'll
20987
20988
209895 stipulate it's red. Okay, thanks.
20990
20991
209926 Q. And is it your testimony to the jury that
20993
20994
209957 it's a coincidence that that picture looks like
20996
20997
209988 the negative imagine of Ms. Scott we looked at
20999
21000
210019 earlier and the picture from the Exorcist that you
21002
21003
2100410 put in your Tweets?
21005
21006
2100711 A. It's certainly a coincidence that it
21008
21009
2101012 looks like Linda Blair from the Exorcist.
21011
21012
2101313 Q. Okay. And if you'll look at the next
21014
21015
2101614 page, you were sending Tweets, at least one Tweet,
21017
2101815 to @KathyStalks, correct?
21019
21020
2102116 A. No. That Tweet was to -- you can -- do
21022
21023
2102417 you mind if I educate you for a moment?
21025
21026
2102718 Q. Well, I'm trying to hurry. So all I need
21028
21029
2103019 to know is did you send Tweets --
21031
21032
2103320 A. No, I don't. This won't take long. The
21034
21035
2103621 first person tagged is the person that you're
21037
21038
2103922 responding to. The people tagged after that are
21040
21041
2104223 just caught up in the conversation. They were
21043
21044
2104524 part of a conversation earlier, but that first
21046
21047
2104825 Twitter account right there is the person that I'm
21049
21050271
21051
21052
21053
21054
210551 actually responding to.
21056
21057
210582 Q. Okay.
21059
21060
210613 A. So no is the answer.
21062
21063
210644 Q. Right. So @asideofbacon sent out a Tweet
21065
21066
210675 that included you and @KathyStalks, and when you
21068
21069
210706 responded to that Tweet you sent that Tweet to
21071
21072
210737 @KathyStalks, correct?
21074
21075
210768 A. Yes.
21077
21078
210799 Q. Okay. And if we look at the next page of
21080
21081
2108210 Exhibit 58, did you send the Tweet that says,
21083
21084
2108511 quote, bite me to @KathyStalks?
21086
21087
2108812 A. Where?
21089
21090
2109113 Q. (Indicating.)
21092
21093
2109414 A. I don't see a Tweet bite me. Oh, yes, I
21095
2109615 do. No. That's not me sending that Tweet.
21097
21098
2109916 That's someone sending that Tweet to me.
21100
21101
2110217 Q. Okay. And why is it -- well, let me put
21103
21104
2110518 it this way. Do you have some explanation of why
21106
21107
2110819 a person at a website or Twitter account called
21109
21110
2111120 @KathyStalks was sending you emails about Kathy
21112
21113
2111421 Scott?
21115
21116
2111722 A. Tweets about Kathy Scott?
21118
21119
2112023 Q. This Tweet right here.
21121
21122
2112324 A. Right. You said emails.
21124
21125
2112625 Q. Do you have some explanation to the jury
21127
21128272
21129
21130
21131
21132
211331 of why @KathyStalks was sending you a Tweet about
21134
21135
211362 Kathy Scott?
21137
21138
211393 A. No.
21140
21141
211424 Q. Okay. Even though you accused Ms. Scott
21143
21144
211455 of stalking you, correct?
21146
21147
211486 A. Yeah.
21149
21150
211517 Q. So, again, your explanation for this
21152
21153
211548 Tweet would be pure coincidence that @KathyStalks
21155
21156
211579 Tweets to you about Kathy Scott?
21158
21159
2116010 A. I don't know if it's coincidence. I
21161
21162
2116311 don't know who was behind that account. I don't
21164
21165
2116612 know why they were Tweeting me, for the reason I
21167
21168
2116913 don't know who was behind that account.
21170
21171
2117214 Q. Okay.
21173
2117415 (Defendant's Exhibit 59 marked)
21175
21176
2117716 BY MR. DAVIS:
21178
21179
2118017 Q. I'm going to show you a composite
21181
21182
2118318 document we'll mark as Exhibit 59. And did you
21184
21185
2118619 send the Tweet at the top of the first page of
21187
21188
2118920 Exhibit 59?
21190
21191
2119221 A. Yes.
21193
21194
2119522 Q. The next page of Exhibit 59 you're
21196
21197
2119823 Tweeting back and forth with Ms. Lennox about
21199
21200
2120124 Kathy Scott, correct?
21202
21203
2120425 A. The second? I'm sorry. Repeat the
21205
21206273
21207
21208
21209
21210
212111 question.
21212
21213
212142 Q. Sure. If we look at the second page of
21215
21216
212173 Exhibit 59, it appears to show you were Tweeting
21218
21219
212204 back and forth with Stacey Lennox about Kathy
21221
21222
212235 Scott; is that correct?
21224
21225
212266 A. About -- yes.
21227
21228
212297 Q. And the next page, have you seen this
21230
21231
212328 Tweet before?
21233
21234
212359 A. Yep. I believe so.
21236
21237
2123810 Q. And when Ms. Lennox, your business
21239
21240
2124111 partner, says "we," she's referring to, among
21242
21243
2124412 others, you, correct?
21245
21246
2124713 A. She's referring to the radio stations.
21248
21249
2125014 Q. Okay. And you were tasked by the radio
21251
2125215 stations to go out to the press and try and
21253
21254
2125516 correct the news report that Ms. Scott had done on
21256
21257
2125817 Fox 5 back in 2015, correct?
21259
21260
2126118 A. Correct, or remove or make sure that it
21262
21263
2126419 wasn't posted on line, whatever we could
21265
21266
2126720 accomplish.
21268
21269
2127021 Q. Okay. The next page it appears
21271
21272
2127322 Ms. Lennox sent a Tweet that said, Hey, Vegas
21274
21275
2127623 Kathy, and it appears to have been sent to, among
21277
21278
2127924 other people, you. Do you see that?
21280
21281
2128225 A. Uh-huh.
21283
21284274
21285
21286
21287
21288
212891 Q. Do you recall receiving that Tweet?
21290
21291
212922 A. Uh-huh.
21293
21294
212953 Q. Yes?
21296
21297
212984 A. Uh-huh. Yes, sorry.
21299
21300
213015 Q. And the next page, Ms. Lennox says, Vegas
21302
21303
213046 is a dumb bitch sex worker.
21305
21306
213077 Have you ever seen that Tweet before?
21308
21309
213108 A. No.
21311
21312
213139 Q. Okay. The next page Ms. Lennox sent a
21314
21315
2131610 Tweet to you saying, quote, She's a nutter,
21317
21318
2131911 towards the bottom.
21320
21321
2132212 A. That doesn't look familiar either.
21323
21324
2132513 Q. Okay. Did you send a Tweet on October
21326
21327
2132814 3rd that says, quote, I'm sorry I don't have
21329
2133015 control of those posts. That's my other
21331
21332
2133316 personality. I can't delete?
21334
21335
2133617 A. Yes.
21337
21338
2133918 Q. And you're referring to Ms. Scott there,
21340
21341
2134219 correct?
21343
21344
2134520 A. I don't know.
21346
21347
2134821 Q. Really? You don't know if this Tweet's
21349
21350
2135122 about Ms. Scott?
21352
21353
2135423 A. I don't.
21355
21356
2135724 Q. Okay.
21358
21359
2136025 A. I don't.
21361
21362275
21363
21364
21365
21366
213671 Q. All right. You've accused Ms. Scott of
21368
21369
213702 having multiple personality disorder more than
21371
21372
213733 once on line, correct?
21374
21375
213764 A. Did I?
21377
21378
213795 Q. I'm asking you.
21380
21381
213826 A. I don't remember.
21383
21384
213857 Q. You don't remember if you accused someone
21386
21387
213888 of having multiple personality disorder on line?
21389
21390
213919 A. No, actually, I don't.
21392
21393
2139410 Q. Okay.
21395
21396
2139711 A. On Twitter? No.
21398
21399
2140012 Q. Somewhere else?
21401
21402
2140313 A. And you're asking me if I accused her of
21404
21405
2140614 having multiple personality disorder. I actually
21407
2140815 said she had MPD, or if I hadn't made a joke about
21409
21410
2141116 multiple personalities at one time, and those two
21412
21413
2141417 things are very different, and I'm not going to
21415
21416
2141718 answer that question without knowing specifically
21418
21419
2142019 what you're asking me if I did.
21421
21422
2142320 Q. Do you think Ms. Scott has multiple
21424
21425
2142621 personalities?
21427
21428
2142922 A. Yeah, I don't know.
21430
21431
2143223 Q. You have said in words or substance on
21433
21434
2143524 line that Ms. Scott has multiple personalities,
21436
21437
2143825 correct?
21439
21440276
21441
21442
21443
21444
214451 A. Yeah, I might have made a joke about
21446
21447
214482 that, yeah. Especially, you know -- yeah.
21449
21450
214513 Especially in moments that seemed to call for a
21452
21453
214544 joke.
21455
21456
214575 Q. So do you think that the Ms. Scott you
21458
21459
214606 sued is the same person who posted the Tweets that
21461
21462
214637 you think are defamatory?
21464
21465
214668 A. Yes.
21467
21468
214699 Q. The next page, did you send this Tweet
21470
21471
2147210 that says, quote, Especially egregious accusation
21473
21474
2147511 against @ScotsFyre?
21476
21477
2147812 A. Yes. I don't remember why.
21479
21480
2148113 Q. Okay. Presumably you would have learned
21482
21483
2148414 about that accusation from Stacey Lennox, is that
21485
2148615 fair?
21487
21488
2148916 A. No. Probably would have seen it on line.
21490
21491
2149217 Q. The next page, did you send this Tweet
21493
21494
2149518 that says @Twitter @safety please check with
21496
21497
2149819 @GarnerPolice?
21499
21500
2150120 A. Yes.
21502
21503
2150421 Q. Skip a page to this email from Stacey
21505
21506
2150722 Lennox to Craig Dong.
21508
21509
2151023 A. Did I what?
21511
21512
2151324 Q. I'm saying skip to the page you're
21514
21515
2151625 looking at.
21517
21518277
21519
21520
21521
21522
215231 A. Okay.
21524
21525
215262 Q. And this appears to be an email between
21527
21528
215293 Ms. Lennox and somebody in Cobb County law
21530
21531
215324 enforcement which says in the fourth paragraph,
21533
21534
215355 quote, I believe Lu Esposito sent you the blog.
21536
21537
215386 Do you see that?
21539
21540
215417 A. Yeah.
21542
21543
215448 Q. And did you send a blog to Cobb County
21545
21546
215479 law enforcement?
21548
21549
2155010 A. I don't see one here.
21551
21552
2155311 Q. I'm just asking if you did.
21554
21555
2155612 A. I don't remember attaching the blog. I
21557
21558
2155913 remember attaching the letter. I don't know if I
21560
21561
2156214 did or not.
21563
2156415 Q. If we look at the next page of Exhibit
21565
21566
2156716 59, did you send this email to Mr. Dong?
21568
21569
2157017 A. Uh-huh.
21571
21572
2157318 Q. Yes?
21574
21575
2157619 A. Yes.
21577
21578
2157920 Q. And why did you do that?
21580
21581
2158221 A. I was asked to.
21583
21584
2158522 Q. By who?
21586
21587
2158823 A. By Craig Dong, I believe. It's also a
21589
21590
2159124 very long time ago.
21592
21593
2159425 Q. So your recollection is Mr. Dong asked
21595
21596278
21597
21598
21599
21600
216011 for this information, as opposed to Ms. Lennox
21602
21603
216042 requesting you send this information to --
21605
21606
216073 A. Ms. Lennox definitely did not request it
21608
21609
216104 that I send the information.
21611
21612
216135 Q. And it's your testimony that Mr. Dong
21614
21615
216166 requested this information, as opposed to Jodi
21617
21618
216197 Magera asking you to send it to Cobb County.
21620
21621
216228 A. I don't remember who asked -- don't
21623
21624
216259 remember who talked to Dong first. And I don't
21626
21627
2162810 remember why I was -- other than an investigation,
21629
21630
2163111 I was asked to reach out to him, and I don't
21632
21633
2163412 remember who asked me.
21635
21636
2163713 Q. All right.
21638
21639
2164014 (Defendant's Exhibit 60 marked)
21641
2164215 BY MR. DAVIS:
21643
21644
2164516 Q. Let me show you a document we'll mark as
21646
21647
2164817 Exhibit 60. You get the one with the yellow
21649
21650
2165118 sticker. Let's skip ahead to page 2. Lu
21652
21653
2165419 Esposito@wordpress is what, a blog that you used
21655
21656
2165720 to have?
21658
21659
2166021 A. No, it's -- no, it's not really a blog.
21661
21662
2166322 I don't think there are any blogs on it. It's
21664
21665
2166623 nothing but press releases.
21667
21668
2166924 Q. And is that webpage still up?
21670
21671
2167225 A. Uh-huh.
21673
21674279
21675
21676
21677
21678
216791 Q. Yes?
21680
21681
216822 A. Yes.
21683
21684
216853 Q. And do you see at the bottom that
21686
21687
216884 @asideofbacon was apparently sending out Tweets
21689
21690
216915 about the contents of your Word Press internet
21692
21693
216946 file?
21695
21696
216977 A. Yes.
21698
21699
217008 Q. And do you know how it is that this
21701
21702
217039 Twitter account got access to this information?
21704
21705
2170610 A. It's a public Word Press site.
21707
21708
2170911 Q. Okay. So it's your testimony under oath
21710
21711
2171212 that you did not coordinate with this Twitter user
21713
21714
2171513 to in some way provide this information or direct
21716
21717
2171814 this information to him or her.
21719
2172015 A. It is my testimony.
21721
21722
2172316 Q. The next page underneath a couple wanted
21724
21725
2172617 posters there is what appears to be a Tweet from
21727
21728
2172918 you that says BRB, or be right back, frying up
21730
21731
2173219 some bacon for that reward. Do you see that?
21733
21734
2173520 A. Yes.
21736
21737
2173821 Q. Did you send that Tweet?
21739
21740
2174122 A. Yes.
21742
21743
2174423 Q. What does that mean?
21745
21746
2174724 A. There's a wanted poster with bacon on it.
21748
21749
2175025 So if I fry bacon I get a reward. That's what
21751
21752280
21753
21754
21755
21756
217571 that means.
21758
21759
217602 Q. You have an understanding that the wanted
21761
21762
217633 posters refer to Ms. Scott, do you not?
21764
21765
217664 A. No.
21767
21768
217695 Q. No?
21770
21771
217726 A. This is bacon. That's about bacon.
21773
21774
217757 Q. I understand your testimony.
21776
21777
217788 A. Okay.
21779
21780
217819 Q. Just so the jury understands it, you're
21782
21783
2178410 telling us under oath that the reason you sent
21785
21786
2178711 this text that said frying up some bacon for that
21788
21789
2179012 reward is you thought these Tweets showing
21791
21792
2179313 pictures of bacon on a reward poster were funny.
21794
21795
2179614 Is that fair?
21797
2179815 A. Yeah. I thought it was funny.
21799
21800
2180116 Q. And just so we're clear, you didn't know
21802
21803
2180417 that these Tweets had anything to do with
21805
21806
2180718 Ms. Scott; is that right?
21808
21809
2181019 A. I didn't say that.
21811
21812
2181320 Q. I want to make sure I understand what it
21814
21815
2181621 is you think you're saying. Did you understand
21817
21818
2181922 that these Tweets about bacon had anything to do
21820
21821
2182223 with Ms. Scott?
21823
21824
2182524 A. Let's see. Don't know. It depends on
21826
21827
2182825 how hard I looked at the posters or if I just saw
21829
21830281
21831
21832
21833
21834
218351 wanted, bacon, and made the joke, which is more
21836
21837
218382 likely.
21839
21840
218413 Q. I'm going to the next page, there appears
21842
21843
218444 to be a Tweet from @asideofbacon to Israel's ACG,
21845
21846
218475 do you see that?
21848
21849
218506 A. Okay.
21851
21852
218537 Q. Have you seen this Tweet before?
21854
21855
218568 A. No, I -- nothing but tags. It's cut off.
21857
21858
218599 The whole thing's not there.
21860
21861
2186210 Q. Here's my question: Have you seen this
21863
21864
2186511 Tweet from @asideofbacon that says #KathyScott
21866
21867
2186812 much enjoys going at others' spouses and attacking
21869
21870
2187113 jobs of their spouses and jobs of those she hates
21872
21873
2187414 @IsraelsACG, close quote?
21875
2187615 A. Here it is. No. I've not seen this
21877
21878
2187916 Tweet before. This was when I was in Jamaica.
21880
21881
2188217 Q. And what spouses has Ms. Scott, quote,
21883
21884
2188518 unquote, gone after besides yours that you're
21886
21887
2188819 aware of?
21889
21890
2189120 A. I don't know. I heard something about
21892
21893
2189421 Jeff Cramer. I know she threatened to go after
21895
21896
2189722 Alex Beijer, and they posted quite a bit about
21898
21899
2190023 Alex Beijer. Oh, my sister's husband, they
21901
21902
2190324 created a parodied account of him a few days ago.
21904
21905
2190625 Actually, it was a couple of weeks ago. Yes,
21907
21908282
21909
21910
21911
21912
219131 Justice Zeker. Sure.
21914
21915
219162 Q. We're almost done. When is it that you
21917
21918
219193 think Ms. Scott went after Ms. Cramer's husband?
21920
21921
219224 A. I am going by what I see Ms. Scott and
21923
21924
219255 people that she interacts with on Twitter posting,
21926
21927
219286 and it would have been mid to -- maybe summer of
21929
21930
219317 2016, something like that.
21932
21933
219348 Q. And when is it that you think Ms. Scott
21935
21936
219379 went after Alex Beijer?
21938
21939
2194010 A. Around the same timeframe.
21941
21942
2194311 Q. The next page there appears to be a Tweet
21944
21945
2194612 from @asideofbacon to Jim Lysaght about Kathy
21947
21948
2194913 Scott, do you see that?
21950
21951
2195214 A. Yes.
21953
2195415 Q. And do you know anybody besides you and
21955
21956
2195716 Ms. Lennox who would have been sending Tweets to
21958
21959
2196017 the director of Red Nation Rising about Kathy
21961
21962
2196318 Scott?
21964
21965
2196619 A. Sure, anybody could send him a Tweet.
21967
21968
2196920 Q. Right. That's the beauty --
21970
21971
2197221 A. It wouldn't have to be us.
21973
21974
2197522 Q. I understand. That's the beauty of
21976
21977
2197823 anonymous Twitter accounts is we can't prove who
21979
21980
2198124 sent the Tweet right? I'll strike the question.
21982
21983
2198425 Do you know anybody besides you or
21985
21986283
21987
21988
21989
21990
219911 Ms. Lennox who would have been sending a Tweet to
21992
21993
219942 Jim Lysaght about Kathy Scott?
21995
21996
219973 A. Yes.
21998
21999
220004 Q. Who?
22001
22002
220035 A. Yes. There are quite a few Twitter
22004
22005
220066 accounts out there that would have done that.
22007
22008
220097 Q. Who?
22010
22011
220128 A. And Bacon is one of them. And it's not
22013
22014
220159 Stacey. But keep going down that road.
22016
22017
2201810 Q. Listen to my question and please answer
22019
22020
2202111 it. Besides you and Ms. Lennox, what person or
22022
22023
2202412 persons do you believe would have a reason to send
22025
22026
2202713 a Tweet about Ms. Scott to Jim Lysaght?
22028
22029
2203014 A. @asideofbacon.
22031
2203215 Q. That's an internet account. It's not a
22033
22034
2203516 person. What person do you think besides you or
22036
22037
2203817 Ms. Lennox would have a reason to send this Tweet?
22039
22040
2204118 A. She is a person. I just don't know her
22042
22043
2204419 real identity.
22045
22046
2204720 Q. And why would @asideofbacon be e-mailing
22048
22049
2205021 Jim Lysaght about Kathy Scott?
22051
22052
2205322 A. She doesn't like him.
22054
22055
2205623 Q. Doesn't like Jim Lysaght.
22057
22058
2205924 A. Huh-uh, no.
22060
22061
2206225 Q. Why?
22063
22064284
22065
22066
22067
22068
220691 A. She thinks he's a jerk.
22070
22071
220722 Q. So the person you don't know thinks Jim
22073
22074
220753 Lysaght is a jerk --
22076
22077
220784 A. I said I --
22079
22080
220815 Q. -- and that's why this person sent a
22082
22083
220846 Tweet about Kathy Scott.
22085
22086
220877 A. I said I don't know her identity.
22088
22089
220908 Q. Right. But help the jury understand why
22091
22092
220939 you and your business partner didn't send this
22094
22095
2209610 Tweet. Who else would have sent it?
22097
22098
2209911 A. Lots of people who observed what happened
22100
22101
2210212 with Stacey and I and the things that -- and knew
22103
22104
2210513 that we were involved with Red Nation Rising and
22106
22107
2210814 how hard we had worked, witnessed your client,
22109
2211015 what your client did and then what Jim Lysaght
22111
22112
2211316 did, and what Jared Day did, and several of them
22114
22115
2211617 were not happy about it. And their -- Donna would
22117
22118
2211918 have probably sent that Tweet.
22120
22121
2212219 Q. And if we go to the next page of Exhibit
22123
22124
2212520 60, do you know how it is Donna got a certified --
22126
22127
2212821 a picture of a certified copy of a pleading from
22129
22130
2213122 Ms. Lenox's court case with Ms. Scott and Tweeted
22132
22133
2213423 it out from @asideofbacon?
22135
22136
2213724 A. Of course not.
22138
22139
2214025 Q. She would have had to have gotten it from
22141
22142285
22143
22144
22145
22146
221471 Ms. Lennox, correct?
22148
22149
221502 A. No. She could have gotten it from
22151
22152
221533 Ms. Scott's blog. That's where the last court
22154
22155
221564 case I was involved with, the information ended
22157
22158
221595 up.
22160
22161
221626 Q. All right. So we should assume that
22163
22164
221657 Donna or somebody else who was upset about what
22166
22167
221688 happened to you and your business partner were
22169
22170
221719 sending out Tweets from @asideofbacon to Jim
22172
22173
2217410 Lysaght, correct?
22175
22176
2217711 A. No, no. No.
22178
22179
2218012 Q. But it wasn't you.
22181
22182
2218313 A. It wasn't me.
22184
22185
2218614 Q. And you know it wasn't Ms. Lennox.
22187
2218815 A. I know for a fact that that account is
22189
22190
2219116 not Ms. Lennox.
22192
22193
2219417 Q. The next page, @asideofbacon says, quote,
22195
22196
2219718 did #KathyScott happen to mention she had a judge
22198
22199
2220019 issue a temporary restraining order against her?
22201
22202
2220320 Do you have any explanation about how
22204
22205
2220621 @asideofbacon learned about orders entered in
22207
22208
2220922 Ms. Lenox's court case?
22210
22211
2221223 A. I don't know how she learned.
22213
22214
2221524 Q. The next document is composite Exhibit
22216
22217
2221825 61.
22219
22220286
22221
22222
22223
22224
222251 (Defendant's Exhibit 61 marked)
22226
22227
222282 BY MR. DAVIS:
22229
22230
222313 Q. And I'm just going to mark that for the
22232
22233
222344 record.
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22236
222375 (Defendant's Exhibit 62 marked).
22238
22239
222406 BY MR. DAVIS:
22241
22242
222437 Q. The next document is composite Exhibit
22244
22245
222468 62, and I'm just going to mark that for the
22247
22248
222499 record, other than with respect to Exhibit 62
22250
22251
2225210 asking you this question.
22253
22254
2225511 The third page, the person using the
22256
22257
2225812 Twitter account @the girl_army sends out a Tweet
22259
22260
2226113 quoting your Word Press files. Do you see that?
22262
22263
2226414 A. Yes.
22265
2226615 Q. And those Word Press files were about
22267
22268
2226916 Ms. Scott, correct?
22270
22271
2227217 A. Yes. And I assume that's what they are.
22273
22274
2227518 Q. Well, did you put anything else on Word
22276
22277
2227819 Press besides press releases about Ms. Scott?
22279
22280
2228120 A. Yes.
22282
22283
2228421 Q. Okay. And those are still all on line?
22285
22286
2228722 A. Yes.
22288
22289
2229023 Q. So we can check it, that's fine.
22291
22292
2229324 And do you know who the person or persons
22294
22295
2229625 using the Twitter account @the_girl_army are?
22297
22298287
22299
22300
22301
22302
223031 A. No, I don't know who that person is.
22304
22305
223062 Q. What about @just_a_cunt?
22307
22308
223093 A. What?
22310
22311
223124 Q. If you'll look at this page right here,
22313
22314
223155 the same Twitter account uses the name Chloe the
22316
22317
223186 Cat.
22319
22320
223217 A. I never even saw that account. If I did
22322
22323
223248 I would have blocked it.
22325
22326
223279 Q. All right. You'll be pleased to know I
22328
22329
2233010 think I'm done. Just give me two minutes.
22331
22332
2233311 (Defendant's Exhibit 63 marked)
22334
22335
2233612 BY MR DAVIS:
22337
22338
2233913 Q. All right. Last documents. Exhibit 63.
22340
22341
2234214 And that's the only copy I have, I apologize. Did
22343
2234415 you send that Tweet?
22345
22346
2234716 A. Yep.
22348
22349
2235017 MR. DAVIS: That's all the questions I
22351
22352
2235318 have for you. I'm not ending the deposition, I'm
22354
22355
2235619 just going to suspend it in light of the
22357
22358
2235920 nondisclosure agreement issue. But I think that's
22360
22361
2236221 the only issue that came up. So your attorney may
22363
22364
2236522 have some questions for you.
22366
22367
2236823 THE WITNESS: I want to correct this.
22369
22370
2237124 I'm not positive that that's the image that I
22372
22373
2237425 sent. I recall sending an image about Miley
22375
22376288
22377
22378
22379
22380
223811 admitting to being Sean, but that could have been
22382
22383
223842 in a different Tweet. Yeah, it could have been in
22385
22386
223873 the Tweet below. So maybe I did. Maybe that is
22388
22389
223904 the correct -- you know, the accurate Tweet that I
22391
22392
223935 sent.
22394
22395
223966 MR. DAVIS: Okay.
22397
22398
223997 THE WITNESS: If this Tweet has an image
22400
22401
224028 of Miley admitting to being that guy.
22403
22404
224059 MR. DAVIS: Okay. That's it.
22406
22407
2240810 (Deposition concluded at 6:05 p.m.)
22409
22410
2241111 (Signature reserved)
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224601 The following reporter and firm
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224632 disclosures were presented at this proceeding for review by counsel:
224643
22465REPORTER DISCLOSURES
224664
22467The following representations and
224685 disclosures are made in compliance with Georgia Law, more specifically:
224696 Article 10(B) of the Rules and Regulations of the Board Of Court Reporting (disclosure forms)
224707 OCGA 9-11-28(c) (disqualification of reporter for financial interest)
224718 OCGA 15-14-37(a) and (b) (prohibitions against contracts except on a case-by-case basis).
224729 - I am a certified reporter in the State of Georgia.
22473- I am a subcontractor for Tiffany Alley Veritext.
2247410 - I have been assigned to make a complete and accurate record of these proceedings.
2247511 - I have no relationship of interest in the matter on which I am about to report which would
2247612 disqualify me from making a verbatim record or maintaining my obligation of impartiality in
2247713 compliance with the Code of Professional Ethics.
22478- I have no direct contract with any party in this
22479
2248014 action and my compensation is determined solely by the terms of my subcontractor agreement.
2248115
22482FIRM DISCLOSURES
2248316
22484- Tiffany Alley Veritext was contacted to
2248517 provide reporting services by the noticing or taking attorney in this matter.
2248618 - There is no agreement in place that is prohibited by OCGA 15-14-37(a) and (b). Any
2248719 case-specific discounts are automatically applied to all parties, at such time as any
2248820 party receives a discount.
22489- Transcripts: The transcript of this proceeding
2249021 as produced will be a true, correct, and complete record of the colloquies, questions, and answers
2249122 as submitted by the certified court reporter.
22492- Exhibits: No changes will be made to the
2249323 exhibits as submitted by the reporter, attorneys, or witnesses.
2249424 - Password-Protected Access: Transcripts and exhibits relating to this proceeding will be
2249525 uploaded to a password-protected repository, to which all ordering parties will have access.
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