· 6 years ago · Mar 07, 2019, 09:56 PM
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41 IN THE SUPERIOR COURT OF COBB COUNTY STATE OF GEORGIA
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83 LU ANNE ESPOSITO,
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114 Plaintiff,
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145 vs. CIVIL ACTION FILE NO. 17-1-02611
156 KATHY SCOTT a/k/a KATHERINE SCOTT a/k/a
167 KATHERINE VOZZOLA,
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198 Defendant.
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23DEPOSITION OF LU ANNE ESPOSITO
2410 February 7, 2018 9:52 a.m.
2511 Levenson & Associates 125 Broad Street, SW
2612 Atlanta, Georgia
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2913 Valerie N. Almand, RPR, CRR, CRC
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711 INDEX OF EXHIBITS
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742 DEFENDANT'S
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773 EXHIBIT DESCRIPTION PAGE
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804 Exhibit 1 Verifications of Lu Anne
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835 Esposito in instant case
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866 Exhibit 2 Plaintiff's Responses and/or
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897 Objections to Defendant's
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928 First Interrogatories to
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959 Plaintiff
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9810 Exhibit 3 Mutual Nondisclosure Agreement
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10111 between AppSame, Inc. and Red
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10412 Nation Rising (Plaintiff
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10713 000049-51)
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11014 Exhibit 4 Fundraising Consultant
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11215 Agreement between 4 Tier
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11516 Strategies and Buzz Strategies
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11817 (Plaintiff 000054)
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12118 Exhibit 5 Limited Liability Partnership
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12419 Annual Report of Buzz
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12720 Strategies LLP for 2016
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13021 Exhibit 6 LinkedIn profile of Lu
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13322 Esposito
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1491 Exhibit 7 Fundraising Consultant
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1522 Agreement between Ward for
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1553 Senate and Buzz Strategies
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1584 (Plaintiff 000054)
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1615 Exhibit 8 forwarded email message from
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1646 James Lysaght to Kathy Scott
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1677 Exhibit 9 Affidavit of J.D. Winteregg
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1708 Exhibit 10 Buzz Strategies Online Funding
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1739 Proposal for 4 Tier
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17610 Strategies/J.D. Winteregg
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17911 (Plaintiff 000079)
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18212 Exhibit 11 printed Tweet of Lu Esposito
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18513 Exhibit 12 Plaintiff's Responses and/or
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18814 Objections to Defendant's
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19015 First Requests for Production
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19316 of Documents to Plaintiff
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19617 Exhibit 13 Plaintiff's Supplemental
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19918 Responses and/or Objections to
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20219 Defendant's First
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20520 Interrogatories to Plaintiff
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20821 Exhibit 14 article entitled PIO Lu
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21122 Esposito Posts Fake Story
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21423 Libels Woman who Accused her
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21724 Bosses of Harassment
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2271 Exhibit 15 article entitled Well Known
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2302 Alleged Cyber Stalker Plays
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2333 Victim
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2364 Exhibit 16 article entitled Portrait of a
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2395 Cyberstalker: Lu Anne
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2426 Esposito - Not a Real PIO
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2457 Garner PD Calls for Service
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2488 Report
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2519 Exhibit 17 printout of archived Tweets
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25410 Exhibit 18 printout of archived Tweets
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25711 Exhibit 19 printout of archived Tweets
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26012 Exhibit 20 printout of archived Tweets
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26313 Exhibit 21 printout of archived Tweets
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26614 Exhibit 22 printout of archived Tweets
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26815 Exhibit 23 printout of archived Tweets
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27116 Exhibit 24 printout of archived Tweets
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27417 Exhibit 25 printout of archived Tweets
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27718 Exhibit 26 printout of archived Tweets
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28019 Exhibit 27 printout of archived Tweets
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28320 Exhibit 28 printout of archived Tweets
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28621 Exhibit 29 printout of archived Tweets
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28922 Exhibit 30 printout of archived Tweets
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29223 Exhibit 31 printout of archived Tweets
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29524 Exhibit 32 printout of archived Tweets
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3051 Exhibit 33 printout of archived Tweets
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3082 Exhibit 34 article entitled
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3113 BB&T Reveals Victim's Name to
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3144 Stalker who Happens to Be BB&T
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3175 Exec's Wife
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3206 Exhibit 35 printout of archived Tweets
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3237 Exhibit 36 article from Doxing Twitter
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3268 entitled The Investigation
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3299 Exhibit 37 article from Doxing Twitter
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33210 entitled False Claims and
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33511 Accusations Revealed, Ignored
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33812 by Cobb PD
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34113 Exhibit 38 printout of archived Tweets
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34414 Exhibit 39 email string (Plaintiff
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34615 000004-5)
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34916 Exhibit 40 Plaintiff's Responses to
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35217 Defendant's Second
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35518 Interrogatories to Plaintiff
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35819 Exhibit 41 printout about Ghost Cyber
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36120 Intelligence
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36722 Exhibit 42 Georgia Secretary of State
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37023 printout re Ghost Cyber
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37324 Intelligence LP
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3831 Exhibit 43 printout about Ghost Cyber
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3862 Intelligence
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3893 Exhibit 44 screenshot of texts
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3924 Exhibit 45 Plaintiff's Second
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3955 Supplemental Responses to
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3986 Defendant's First Request for
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4017 Production of Documents
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4048 Exhibit 46 Plaintiff's Third Supplemental
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4079 Responses to Defendant's First
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41010 Request for Production of
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41311 Documents
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41612 Exhibit 47 Plaintiff's Response to
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41913 Defendant's Second Request for
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42214 Production of Documents to
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42415 Plaintiff
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42716 Exhibit 48 Kathy's archives including
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43017 blog printout (Plaintiff
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43318 000083-85)
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43619 Exhibit 49 Criminal Warrant Application
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43920 dated 9/15/2017
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44221 Exhibit 50 printout of archived Tweets
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44522 with attached Order on Warrant
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44823 Application(s) and Incident
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45124 Report
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45425 Exhibit 51 printout of archived Tweets
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4611 Exhibit 52 letter of June 21, 2016 from
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4642 Hatch, Little & Bunn, LLP to
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4673 Katherine Scott with
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4704 attachments
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4735 Exhibit 53 printout of archived Tweets
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4766 with attached Hacker
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4797 Interviews - The Watcher, and
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4828 Well Known Alleged Cyber
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4859 Stalker Plays Victim
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48810 Exhibit 54 printout of archived Tweets
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49111 Exhibit 55 printout of archived Tweets
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49412 Exhibit 56 printout of archived Tweets
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49713 Exhibit 57 printout of archived Tweets
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50014 Exhibit 58 printout of archived Tweets
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50215 Exhibit 59 printout of archived Tweets
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50516 with attachments
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50817 Exhibit 60 printout of archived Tweets
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51118 Exhibit 61 printout of archived Tweets
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51419 Exhibit 62 printout of archived Tweets
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51720 Exhibit 63 printout of archived Tweets
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52021 INDEX OF EXAMINATION
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52322 By Mr. Davis Page 9
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5391 APPEARANCES OF COUNSEL:
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5422 On behalf of the Plaintiff:
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5453 LOUIS LEVENSON, Esquire (for time noted)
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5484 GEORGE LOTT, Esquire (for times noted)
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5515 Levenson & Associates
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5546 125 Broad Street, SW
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5577 Atlanta, Georgia 30303-3437
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5608 404.659.5000
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5639 On behalf of the Defendant:
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56610 WILLIAM DANIEL DAVIS, Esquire
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56911 Ichter Davis, LLC
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57212 3340 Peachtree Road, NE
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57513 Suite 1530
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57814 Atlanta, Georgia 30326
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58015 404.869.5261
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58316 Also Present: Kathy Scott
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59821 (Pursuant to Article 10(B) of the Rules
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60122 and Regulations of the Georgia Board of Court
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60423 Reporting, a written disclosure statement was
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60724 submitted by the court reporter to all counsel
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61025 present at the proceeding.)
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6171 LU ANNE ESPOSITO,
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6202 having been duly sworn, was examined and testified
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6233 as follows:
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6264 EXAMINATION
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6295 BY MR. DAVIS:
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6326 Q. Good morning, Ms. Esposito.
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6357 A. Good morning.
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6388 Q. You understand you're here today
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6419 testifying under oath.
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64410 A. Yes.
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64711 Q. Have you ever been deposed before?
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65012 A. No.
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65313 Q. It's pretty straightforward. I'll ask
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65614 you questions. You should answer them honestly.
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65815 Please make sure that you let me finish my
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66116 question before you answer me, even if it's
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66417 obvious what my question's going to be, just
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66718 because it makes Valerie's job much easier and it
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67019 makes the resulting transcript easier to read. Do
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67320 you understand?
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67621 A. Yes.
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67922 Q. And the only other real tip is to make
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68223 sure you give verbal answers as opposed to head
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68524 shakes, because those do not show up on the
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68825 transcript.
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6951 A. Yes.
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6982 Q. I'm going to show you what we'll mark as
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7013 Defendant's Exhibit 1.
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7044 MR. DAVIS: And I was hoping you had
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7075 exhibit stickers.
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7106 (Defendant's Exhibit 1 marked)
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7137 BY MR DAVIS:
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7168 Q. So, Ms. Esposito, I'll show you a
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7199 document that's marked as Defendant's Exhibit
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72210 Number 1. And after Mr. Levenson takes a look at
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72511 it all I need you to do is verify that your
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72812 signature appears on each of those pages.
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73113 MR. LEVENSON: Is this -- there are two
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73414 copies of the same document?
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73615 MR. DAVIS: There are multiple
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73916 verifications.
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74217 MR. LEVENSON: Well, I -- okay. Your
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74518 question is what?
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74819 BY MR. DAVIS:
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75120 Q. My question, Ms. Esposito, is can you
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75421 verify that your signature appears on each of
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75722 these pages.
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76023 A. It appears to be my signature. However,
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76324 I don't remember Ryan Daniels, and I do not recall
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76625 a notary public in Gwinnett County.
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7731 Q. Okay. With respect to the first page,
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7762 did you sign this piece of paper in front of a
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7793 notary?
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7824 A. I remember certifying those responses. I
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7855 remember certifying my responses to those
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7886 documents.
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7917 Q. Here's my question, ma'am. The first
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7948 page of Exhibit 1, did you sign that in front of a
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7979 notary?
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80010 A. I just don't remember his name. I don't
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80311 remember being in Gwinnett County when I did this.
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80612 I --
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80913 Q. So, so I understand, you believe you
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81214 signed the first page of Exhibit 1 in front of a
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81415 notary but you don't remember the notary being
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81716 Mr. Daniel.
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82017 A. Or being a Gwinnett County notary,
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82318 correct.
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82619 Q. Just so you know, that means that the
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82920 notary --
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83221 A. That's where he was commissioned.
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83522 Q. Right.
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83823 A. Right. That's the county he was
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84124 commissioned from. I --
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84425 Q. Okay.
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8511 A. Possibly it was. I remember only females
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8542 at BB&T being my notaries, and, you know, it's
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8573 very possible this was July, 2017.
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8604 Q. And --
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8635 A. It's possible.
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8666 Q. And the notaries at BB&T would have been
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8697 Vanessa Dickerson and Miranda White?
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8728 A. Yes, one of them is Franklin County and
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8759 the other one is -- so very possibly, but I do not
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87810 recall who or where that was. But I did certify
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88111 my responses that you were sent. I just can't
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88412 verify right here, right now, that this is the
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88713 document that I signed.
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89014 Q. All right. I'm going to show you what's
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89215 been marked as Exhibit 2.
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89516 (Defendant's Exhibit 2 marked)
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89817 BY MR. DAVIS:
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90118 Q. Exhibit 2 purports to be your responses
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90419 to certain interrogatories asked by Ms. Scott. Do
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90720 you recognize these?
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91021 A. Yes, I recognize this document.
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91322 Q. Okay. I want to ask you about
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91623 Interrogatory Number 3, so go back one page. And
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91924 Interrogatory Number 3 says in paragraph 13 of
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92225 your complaint you allege certain contracts have
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9291 been canceled because of defendant's conduct.
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9322 Identify the material terms of all such contracts.
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9353 Then the response was objections followed by some
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9384 information.
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9415 You see the first bullet point here in
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9446 response to this interrogatory is: 10 percent of
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9477 funding that was under negotiation with Red Nation
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9508 Rising with AppSame, do you see that?
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9539 A. Correct.
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95610 Q. Okay. So that's the first thing I want
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95911 to ask you about. Tell me if you personally had a
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96212 contract with Red Nation Rising.
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96513 A. Personally, a written contract?
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96814 Q. Well, any kind of agreement with Red
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97015 Nation Rising.
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97316 A. Yes, I have many verbal agreements with
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97617 Red Nation Rising.
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97918 Q. That were an affected by Ms. Scott's
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98219 purported behavior.
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98520 A. Correct.
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98821 Q. What is AppSame?
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99122 A. Best described as a political nonprofit,
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99423 I believe. I believe.
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99724 Q. Do you have some relationship with
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100025 AppSame? Were you a member or somehow affiliated
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10071 with it?
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10102 A. No.
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10133 Q. Okay. Well, help me understand this
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10164 sentence, then. 10 percent of funding under
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10195 negotiation for Red Nation Rising with AppSame.
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10226 Explain what that sentence means, please.
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10257 MR. LEVENSON: Let me just object to the
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10288 form of the question. Your question, Dan, is for
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10319 her to explain what the statement means there?
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103410 MR. DAVIS: I just need some help
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103711 understanding what this written sentence means. I
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104012 don't really understand.
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104313 MR. LEVENSON: Okay. I understand the
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104614 question.
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104815 Do you understand the question?
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105116 A. Red Nation Rising was approached by the
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105417 organization AppSame.
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105718 BY MR. DAVIS:
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106019 Q. You sued Ms. Scott. You said I had
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106320 contracts that were canceled because of stuff
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106621 Ms. Scott did. We asked you what contracts. This
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106922 is your response. I'm trying to figure out what
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107223 your response means.
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107524 There's three bullet points. The first
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107825 bullet point purports to identify one of those
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10851 contracts. AppSame approached Red Nation Rising.
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10882 How does that have anything to do with this
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10913 lawsuit?
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10944 A. To clarify, you asked me about the
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10975 organization AppSame, and I'm trying to explain --
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11006 I did explain that.
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11037 Q. I'm trying to understand what Red Nation
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11068 Rising, AppSame, and this interrogatory response
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11099 has to do with this lawsuit. So help me
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111210 understand what contract was under negotiation,
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111511 what you had to do with it, why you think it was
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111812 canceled. Does that make sense, please?
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112113 MR. LEVENSON: I'll object to the form.
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112414 THE WITNESS: It's a multipart question.
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112615 Sorry.
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112916 MR. LEVENSON: Let me do my job, if you
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113217 don't mind.
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113518 THE WITNESS: Sorry.
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113819 MR. LEVENSON: I'll object to the form of
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114120 the question, if you can answer that question as
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114421 it was asked, you may do so. If not, then respond
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114722 appropriately.
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115023 A. Can you ask me a more specific direct
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115324 question?
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115625 BY MR. DAVIS:
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11631 Q. You sued Ms. Scott. You said Ms. Scott
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11662 cost you money. How?
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11693 A. We were negotiating a contract, a funding
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11724 opportunity, for Red Nation Rising, that would be
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11755 coming from the organization AppSame.
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11786 Q. Okay. And when you said "we," who is we?
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11817 A. Jim and I, mostly me.
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11848 Q. Jim would be Jim Lysaght?
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11879 A. Uh-huh.
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119010 Q. Yes?
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119311 A. Yes.
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119612 Q. Mr. Lysaght is affiliated with Red Nation
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119913 Rising, correct?
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120214 A. Yes.
1203
120415 Q. Did you and Red Nation Rising actually
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120716 enter into some sort of funding agreement?
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121017 A. Clarify, funding agreement.
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121318 Q. You said that we were negotiating with --
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121619 a contract with Red Nation Rising where the money
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121920 would come from AppSame. Did you actually enter
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122221 into an agreement or were those negotiations?
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122522 A. That actually is not what I said. Jim
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122823 Lysaght and I were negotiating with AppSame a
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123124 funding opportunity for Red Nation Rising.
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123425 Q. And were those negotiations consummated
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12411 into any kind of formal agreements?
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12442 A. No.
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12473 Q. Why was that?
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12504 A. They were interrupted.
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12535 Q. In what way?
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12566 A. By Ms. Scott.
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12597 Q. And who terminated the negotiations?
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12628 A. My part in the negotiations were
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12659 interrupted. I don't know that they were
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126810 terminated.
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127111 Q. How was your part in the negotiations
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127412 interrupted?
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127713 A. My entire relationship with Red Nation
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128014 Rising was interrupted. Ms. Scott has claimed
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128215 that she got me fired from there. That may be
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128516 true. She has more conversations now with Jim
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128817 Lysaght than I do.
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129118 Q. All right. Here's what I'm trying to get
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129419 at. You're in negotiations with Jim, right?
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129720 A. Uh-huh.
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130021 Q. Why did those negotiations end?
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130322 A. I just told you.
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130623 Q. Please help me understand. Because
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130924 Ms. Scott got involved in some way?
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131225 A. Ms. Scott claims that she got me fired
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131418
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13191 from Red Nation Rising. That may be true. She
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13222 has more conversations with Jim than I do. She
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13253 would know better than I would.
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13284 Q. I'm not asking you about what Ms. Scott
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13315 said.
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13346 A. I'm telling you what I know.
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13377 MR. LEVENSON: You have to let him finish
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13408 the entirety of his question, Ms. Esposito. Then
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13439 take a pause --
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134610 THE WITNESS: I'm sorry.
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134911 MR. LEVENSON: -- and answer the question
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135212 after he's finished the question.
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135513 THE WITNESS: Okay.
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135814 MR. LEVENSON: I'm sorry.
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136015 MR. DAVIS: No, thank you.
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136316 BY MR DAVIS:
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136617 Q. Here's what I'm trying to get at. Did
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136918 Mr. Lysaght just stop talking to you or did you
1370
1371
137219 say, I am no longer going to proceed with these
1373
1374
137520 negotiations, or something different or some
1376
1377
137821 permutation of those things? How is it that the
1379
1380
138122 negotiations stopped?
1382
1383
138423 A. I can't recall completely how that
1385
1386
138724 transpired without looking at the history. So I
1388
1389
139025 would have to look at archives and whatnot.
1391
139219
1393
1394
1395
1396
13971 Q. What archives?
1398
1399
14002 A. Archives, Twitter accounts.
1401
1402
14033 Q. Where are those? Have you produced those
1404
1405
14064 to us in this lawsuit?
1407
1408
14095 A. Yes. They were in my exhibits that I
1410
1411
14126 returned, in this document or in the first round.
1413
1414
14157 Q. Explain to me how you would have been
1416
1417
14188 paid if this agreement with Red Nation Rising had
1419
1420
14219 been consummated.
1422
1423
142410 A. The agreement that we had was 10 percent
1425
1426
142711 of the funding.
1428
1429
143012 Q. So if AppSame raised a certain amount of
1431
1432
143313 money you'd receive 10 percent?
1434
1435
143614 A. Not as -- no, that's not exactly how it
1437
143815 worked. But --
1439
1440
144116 Q. Well, I'm here to try and understand how
1442
1443
144417 it worked. All I know is what's written on this
1445
1446
144718 sheet of paper. So help me understand the
1448
1449
145019 fundraising and the compensation for it, please.
1451
1452
145320 A. My best recollection of the conversations
1454
1455
145621 that Jim and I had about the funding is what was
1457
1458
145922 offered and delivered by AppSame because of my
1460
1461
146223 work that was done on that project would be -- 10
1463
1464
146524 percent would be awarded to my company for raising
1466
1467
146825 the money.
1469
147020
1471
1472
1473
1474
14751 Q. When you say your company, what do you
1476
1477
14782 mean, Buzz Strategies?
1479
1480
14813 A. Yes.
1482
1483
14844 Q. So would the agreements with Red Nation
1485
1486
14875 Rising have been between Red Nation Rising and you
1488
1489
14906 personally or Buzz Strategies?
1491
1492
14937 THE WITNESS: Would it even matter, if we
1494
1495
14968 were filing the lawsuit?
1497
1498
14999 MR. DAVIS: I think it does, which is why
1500
1501
150210 I asked.
1503
1504
150511 MR. LEVENSON: I can't give you advice on
1506
1507
150812 that. You just need to answer that question. But
1509
1510
151113 your answer -- you can answer him the same way you
1512
1513
151414 just answered me, if you want.
1515
151615 A. I don't know that it would matter. And
1517
1518
151916 it's my understanding that it wouldn't. However,
1520
1521
152217 the conversations were with me. I believe, to the
1523
1524
152518 best of my recollection -- this is a long time
1526
1527
152819 ago -- Jim and I did discuss Buzz as a company,
1529
1530
153120 and that's as much as I remember off the top of my
1532
1533
153421 head.
1535
1536
153722 (Defendant's Exhibit 3 marked)
1538
1539
154023 BY MR. DAVIS:
1541
1542
154324 Q. I'm going to show you what we've marked
1544
1545
154625 as Exhibit 3, which for the record is Bates
1547
154821
1549
1550
1551
1552
15531 labeled 49 to 51. And is this agreement or
1554
1555
15562 putative agreement between AppSame and Red Nation
1557
1558
15593 Rising that we've just been discussing, or do you
1560
1561
15624 know?
1563
1564
15655 A. Mutual nondisclosure, yes.
1566
1567
15686 Q. You're aware you produced this document
1569
1570
15717 to us in connection with this lawsuit, correct?
1572
1573
15748 A. Yes.
1575
1576
15779 Q. Do you have any other documents with
1578
1579
158010 Mr. Lysaght or AppSame or Red Nation Rising that
1581
1582
158311 relate to negotiations about this funding
1584
1585
158612 agreement?
1587
1588
158913 A. As far as I know we've produced
1590
1591
159214 everything.
1593
159415 Q. All right. Let's skip down to the next
1595
1596
159716 bullet points in the interrogatory. So, again, we
1598
1599
160017 asked you what contracts were canceled. The
1601
1602
160318 second bullet point says, Fundraising fees from
1604
1605
160619 J.D. Winteregg fundraising campaign. Campaign was
1607
1608
160920 stopped by Buzz Strategies.
1610
1611
161221 Do you see that?
1613
1614
161522 A. Yes.
1616
1617
161823 Q. So this second bullet point was a
1619
1620
162124 contract between Buzz Strategies and who?
1622
1623
162425 A. 4 Tier Strategies.
1625
162622
1627
1628
1629
1630
16311 Q. Okay. And what is Buzz Strategies?
1632
1633
16342 A. I don't understand the question.
1635
1636
16373 Q. Well, is it an LLC? That's what you said
1638
1639
16404 just a minute ago.
1641
1642
16435 A. It is an LLC now.
1644
1645
16466 Q. It is an LLC?
1647
1648
16497 A. Uh-huh, now.
1650
1651
16528 Q. Was it not an LLC at some point?
1653
1654
16559 A. It was a general -- it was originally a
1656
1657
165810 general partnership out of North Carolina.
1659
1660
166111 (Defendant's Exhibit 4 marked)
1662
1663
166412 BY MR. DAVIS:
1665
1666
166713 Q. I'll show you what we've marked as
1668
1669
167014 Exhibit 4, which for the record is labeled
1671
167215 plaintiff 54.
1673
1674
167516 MR. LEVENSON: I'm sorry, you said it's
1676
1677
167817 labeled -- what did you say, just general Exhibit
1679
1680
168118 4, did you say?
1682
1683
168419 MR. DAVIS: Exhibit 4, and the Bates
1685
1686
168720 label is Plaintiff 54.
1688
1689
169021 MR. LEVENSON: Got it. I'm sorry.
1691
1692
169322 MR. DAVIS: Okay. I've just got a lot of
1694
1695
169623 ground to cover, so I'm trying to --
1697
1698
169924 MR. LEVENSON: I like the idea of moving
1700
1701
170225 quickly.
1703
170423
1705
1706
1707
1708
17091 BY MR DAVIS:
1710
1711
17122 Q. Ms. Esposito, is this a copy of the
1713
1714
17153 fundraising consultant agreement between Buzz
1716
1717
17184 Strategies and 4 Tier Strategies that we were just
1719
1720
17215 talking about?
1722
1723
17246 A. Yes.
1725
1726
17277 Q. Do you have a copy that's ever been
1728
1729
17308 signed by 4 Tier Strategies?
1731
1732
17339 A. I did. I was not able to locate it.
1734
1735
173610 Q. And so it's your contention under oath
1737
1738
173911 that 4 Tier Strategies signed this document?
1740
1741
174212 A. Yes.
1743
1744
174513 Q. Well, your interrogatory response says
1746
1747
174814 that the campaign was stopped by Buzz Strategies.
1749
175015 Do you see that?
1751
1752
175316 A. Yes.
1754
1755
175617 Q. Buzz Strategies stopped doing what?
1757
1758
175918 Raising money for J.D. Winteregg?
1760
1761
176219 A. Yes.
1763
1764
176520 Q. And why is that?
1766
1767
176821 A. Because every -- every client that we had
1769
1770
177122 from this point until now, including Michael
1772
1773
177423 Loftus, as of just a couple of weeks ago, has been
1775
1776
177724 contacted by Ms. Scott with accusations of law
1778
1779
178025 breaking. With J.D. Winteregg specifically it was
1781
178224
1783
1784
1785
1786
17871 FEC violations, which as you know would look very
1788
1789
17902 negative to a candidate in a primary against the
1791
1792
17933 speaker of the house.
1794
1795
17964 Q. So Buzz Strategies decided just to
1797
1798
17995 terminate raising money for Mr. Winteregg rather
1800
1801
18026 than Mr. Winteregg or 4 Tier Strategies
1803
1804
18057 terminating the relationship, is that right?
1806
1807
18088 A. It was a conversation.
1809
1810
18119 Q. I don't know what that means.
1812
1813
181410 A. It was the result of a conversation with
1815
1816
181711 the campaign manager.
1818
1819
182012 Q. Who was a party to those conversations?
1821
1822
182313 You personally?
1824
1825
182614 A. No, my business partner.
1827
182815 Q. Who is Stacey Lennox?
1829
1830
183116 A. Yes.
1832
1833
183417 Q. And who's the campaign manager?
1835
1836
183718 A. John LaRosa.
1838
1839
184019 Q. And your understanding of what transpired
1841
1842
184320 in this conversation is based on what Ms. Lennox
1844
1845
184621 told you?
1847
1848
184922 A. Yes.
1850
1851
185223 Q. And it's your understanding that as a
1853
1854
185524 result of this conversation, what happened?
1856
1857
185825 A. We halted all fundraising. We pulled our
1859
186025
1861
1862
1863
1864
18651 entire business model down every workday.
1866
1867
18682 Q. But because 4 Tier Strategies says we're
1869
1870
18713 terminating this consulting agreement, or for some
1872
1873
18744 other reason?
1875
1876
18775 A. Because Ms. Scott would not stop
1878
1879
18806 contacting our clients.
1881
1882
18837 Q. Here's what I'm trying to get at. There
1884
1885
18868 may be a difference between whether 4 Tier said
1887
1888
18899 we're done with you because we believe Ms. Scott
1890
1891
189210 as opposed to you saying we're just going to stop
1893
1894
189511 performing under this agreement because Ms. Scott
1896
1897
189812 has gotten in our business. There may be a
1899
1900
190113 difference. I'm trying to understand how the
1902
1903
190414 relationship ended. Is it something that Buzz
1905
190615 Strategies initiated or 4 Tier initiated?
1907
1908
190916 A. I'm not aware of whether Stacey contacted
1910
1911
191217 John first or John contacted Stacey first.
1913
1914
191518 Q. Regardless of who made the initial phone
1916
1917
191819 call, whose decision was it in to end the
1919
1920
192120 relationship?
1922
1923
192421 A. It was a joint decision.
1925
1926
192722 Q. Then is there some reason why in your
1928
1929
193023 interrogatory it says campaign stopped by Buzz
1931
1932
193324 Strategies as opposed to campaign terminated
1934
1935
193625 through a joint decision by 4 Tier and Buzz
1937
193826
1939
1940
1941
1942
19431 Strategies?
1944
1945
19462 A. It's just the way I worded the answer.
1947
1948
19493 Q. If I was a juror how would I figure out
1950
1951
19524 how much money you would have made if you had
1953
1954
19555 performed this consulting agreement?
1956
1957
19586 MR. LEVENSON: And just -- you're
1959
1960
19617 pointing to Exhibit 4, correct?
1962
1963
19648 MR. DAVIS: Yes, sir.
1965
1966
19679 A. I guess that would be up to a jury.
1968
1969
197010 Q. Well, could a jury figure out how much
1971
1972
197311 money you would have made under this fundraising
1974
1975
197612 agreement? Is that possible?
1977
1978
197913 A. A jury can see how many times I was
1980
1981
198214 accused of FEC violations by your client.
1983
198415 Q. I understand you're upset, I get it. But
1985
1986
198716 that's not my question. My question, ma'am, is
1988
1989
199017 this. If I was a juror and I was looking at
1991
1992
199318 Exhibit 4, how do I figure out how much money you
1994
1995
199619 would have made under this consulting agreement?
1997
1998
199920 How is that determined?
2000
2001
200221 A. All I can say is that would be up to the
2003
2004
200522 jury.
2006
2007
200823 Q. Do you have any information you could
2009
2010
201124 give that would help them in making that decision?
2012
2013
201425 A. I have a forecast that we provided. As
2015
201627
2017
2018
2019
2020
20211 far as I know it was given to my lawyer to provide
2022
2023
20242 to you. As far as I know, you have it.
2025
2026
20273 Q. And the forecast was based on what? Was
2028
2029
20304 it just a projection or was it based on --
2031
2032
20335 A. It's a marketing forecast. It's based on
2034
2035
20366 assumptions.
2037
2038
20397 Q. Do they have any empirical basis in fact
2040
2041
20428 or is it entirely a projection?
2043
2044
20459 A. Empirical in marketing is different from
2046
2047
204810 empirical to a lawyer. I don't know how to
2049
2050
205111 explain that to you from a marketing perspective.
2052
2053
205412 Q. So my question was: The projection you
2055
2056
205713 prepared, is that based on actual money that Buzz
2058
2059
206014 Strategies raised for any particular campaign or
2061
206215 candidate?
2063
2064
206516 A. No.
2066
2067
206817 Q. Okay. Buzz Strategies' compensation
2069
2070
207118 under the consulting agreement as Exhibit 4 is 10
2072
2073
207419 percent of all money raised that is tracked to
2075
2076
207720 your social media campaigns, correct?
2078
2079
208021 A. Yes.
2081
2082
208322 Q. So the amount of money you would have
2084
2085
208623 made would be tied to the amount of money raised,
2087
2088
208924 correct?
2090
2091
209225 A. Yes.
2093
209428
2095
2096
2097
2098
20991 Q. Okay.
2100
2101
21022 (Defendant's Exhibit 5 marked)
2103
2104
21053 BY MR. DAVIS:
2106
2107
21084 Q. I'm going to show you what we'll mark as
2109
2110
21115 Exhibit 5. And this purports to be Buzz
2112
2113
21146 Strategies' annual report to the state of North
2115
2116
21177 Carolina for 2016 or 2017. Is the information on
2118
2119
21208 this piece of paper accurate?
2121
2122
21239 A. As far as I can tell.
2124
2125
212610 Q. You said that Buzz Strategies converted
2127
2128
212911 to a Georgia, LLC at some point; is that right?
2130
2131
213212 A. Yes.
2133
2134
213513 Q. When was that?
2136
2137
213814 A. June or July 2017.
2139
214015 Q. Before -- while Buzz Strategies was a
2141
2142
214316 partnership, you and Ms. Lennox were the only
2144
2145
214617 partners of Buzz Strategies?
2147
2148
214918 A. Yes.
2150
2151
215219 Q. Just making sure I don't leave out other
2153
2154
215520 partners. When Buzz Strategies became an LLC were
2156
2157
215821 there any other members of the LLC?
2159
2160
216122 A. No.
2162
2163
216423 Q. Ms. Lennox is not a member?
2165
2166
216724 A. Oh, pardon me, just Ms. Lennox and I,
2168
2169
217025 just like this. The two of us remain. My
2171
217229
2173
2174
2175
2176
21771 apologies.
2178
2179
21802 Q. No problem. Does Buzz Strategies have
2181
2182
21833 creditors?
2184
2185
21864 A. Creditors?
2187
2188
21895 Q. Yes, ma'am.
2190
2191
21926 A. We have a credit card with our bank, PNC,
2193
2194
21957 so -- yes, PNC Bank.
2196
2197
21988 Q. Any other creditors?
2199
2200
22019 A. Not 100 percent sure.
2202
2203
220410 Q. People that Buzz Strategies owes money
2205
2206
220711 to?
2208
2209
221012 A. Difficult to answer that question. I
2211
2212
221313 have a graphic artist working on something right
2214
2215
221614 now. It's not owed. By the definition as I
2217
221815 understand, you're asking me the question, no. I
2219
2220
222116 could be confused about what you're asking me.
2222
2223
222417 Q. Does Buzz Strategies owe anyone money
2225
2226
222718 besides PNC Bank?
2228
2229
223019 MR. LEVENSON: You mean as of this
2231
2232
223320 moment.
2234
2235
223621 MR. DAVIS: Yes, sir.
2237
2238
223922 MR. LEVENSON: I will -- I tend to also
2240
2241
224223 agree, and object to the form of the question.
2243
2244
224524 To the extent you can answer it, go right
2246
2247
224825 ahead and answer it.
2249
225030
2251
2252
2253
2254
22551 A. I have answered it to the extent that I
2256
2257
22582 can answer it.
2259
2260
22613 BY MR DAVIS:
2262
2263
22644 Q. I mean, it seems to me like it should
2265
2266
22675 just be a yes or no question, or I don't know, I
2268
2269
22706 mean.
2271
2272
22737 So you have a graphic designer but you
2274
2275
22768 don't believe you owe him or her any money at this
2277
2278
22799 point in time?
2280
2281
228210 MR. LEVENSON: Well, Dan, we can see the
2283
2284
228511 angels dancing on the head of this pin. Maybe the
2286
2287
228812 graphic art isn't billed yet so it hasn't become a
2289
2290
229113 mature debt. I mean, I think that's the point
2292
2293
229414 she's making.
2295
229615 If you want to ask her about whether she
2297
2298
229916 expects there's going to be a bill from Mr. or
2300
2301
230217 Ms. Smith, then you can ask her that question.
2303
2304
230518 But the generic does she have any creditors, you
2306
2307
230819 know, lends its to the interpretation.
2309
2310
231120 MR. DAVIS: That's fine. I agree. My
2312
2313
231421 concern is that seems that the answer might be
2315
2316
231722 somewhat evasive, and I don't want that to become
2318
2319
232023 a pattern.
2321
2322
232324 BY MR. DAVIS:
2324
2325
232625 Q. And if I'm misconstruing your testimony,
2327
232831
2329
2330
2331
2332
23331 I apologize.
2334
2335
23362 A. I'm not trying to be evasive. The way
2337
2338
23393 that I understand the definition of creditor and
2340
2341
23424 what you're actually trying to ask me, PNC Bank is
2343
2344
23455 the only creditor that we have.
2346
2347
23486 Q. Okay. Thank you.
2349
2350
23517 A. You're welcome.
2352
2353
23548 (Defendant's Exhibit 6 marked)
2355
2356
23579 BY MR DAVIS:
2358
2359
236010 Q. I'm going to show you what we'll mark as
2361
2362
236311 Exhibit 6. And do you recognize Exhibit 6 as your
2364
2365
236612 LinkedIn profile as of July of last year?
2367
2368
236913 A. Yes.
2370
2371
237214 Q. Okay. Do you see at the bottom of the
2373
237415 first page you represented on LinkedIn that from
2375
2376
237716 January 2013 till December 2015 you worked at Red
2378
2379
238017 Nation Rising?
2381
2382
238318 MR. LEVENSON: This part here?
2384
2385
238619 (Indicating).
2387
2388
238920 MR. DAVIS: Yes, sir, the bottom.
2390
2391
239221 MR. LEVENSON: Okay.
2393
2394
239522 A. Yes. I believe that, however --
2396
2397
239823 BY MR. DAVIS:
2399
2400
240124 Q. Will you answer my question?
2402
2403
240425 A. My -- but I believe there's something
2405
240632
2407
2408
2409
2410
24111 missing from what was actually on my LinkedIn
2412
2413
24142 profile.
2415
2416
24173 Q. Well, actually, all of this has been
2418
2419
24204 deleted as of today.
2421
2422
24235 A. Yes, I deleted Red Nation Rising. The --
2424
2425
24266 however -- and that has to do with them, and not
2427
2428
24297 with me or -- anyway, it's not really relevant
2430
2431
24328 here unless you're going to ask me about it, and
2433
2434
24359 I'll tell you.
2436
2437
243810 There was a pro bono item here. I don't
2439
2440
244111 remember removing it, but it's not here in this --
2442
2443
244412 when was this printed?
2445
2446
244713 Q. Well, if you'll look at the upper
2448
2449
245014 left-hand corner, the header says July 10th, 2017.
2451
245215 I don't know if that's when it was printed, but I
2453
2454
245516 assume it was. In any event, here's my question,
2456
2457
245817 okay.
2459
2460
246118 This, the last bullet point under Red
2462
2463
246419 Nation Rising says, quote, continued to advise
2465
2466
246720 executive director on communications and political
2468
2469
247021 strategies. Do you see that?
2471
2472
247322 A. Yes.
2474
2475
247623 Q. So in July 2017 were you continuing to
2477
2478
247924 advise Jim Lysaght?
2480
2481
248225 A. No.
2483
248433
2485
2486
2487
2488
24891 Q. So what does this sentence mean?
2490
2491
24922 A. Do you understand LinkedIn?
2493
2494
24953 Q. Yes.
2496
2497
24984 A. Okay. You see under Red Nation Rising
2499
2500
25015 NFP --
2502
2503
25046 Q. Uh-huh.
2505
2506
25077 A. -- it says to December 2015. That's when
2508
2509
25108 that ended.
2511
2512
25139 Q. Even though it's in the present tense and
2514
2515
251610 the prior two bullet points are in the past tense?
2517
2518
251911 A. Yes.
2520
2521
252212 Q. Okay.
2523
2524
252513 A. That's a beginning-end date for a
2526
2527
252814 position on LinkedIn. That's how LinkedIn works.
2529
253015 Q. And why is it that you deleted this off
2531
2532
253316 your LinkedIn profile?
2534
2535
253617 A. Because of things that they've been
2537
2538
253918 posting on their social media that are racist and
2540
2541
254219 vile and abusive.
2543
2544
254520 Q. "They" being Red Nation Rising?
2546
2547
254821 A. Yes. I was doing pro bono work for a
2549
2550
255122 nonprofit. It really doesn't -- it was me
2552
2553
255423 promoting them, is why I had it there to begin
2555
2556
255724 with, and I have no desire to promote them.
2558
2559
256025 Q. All right. I want to go back to the
2561
256234
2563
2564
2565
2566
25671 interrogatory response, which again was the
2568
2569
25702 contracts that were canceled.
2571
2572
25733 A. Uh-huh.
2574
2575
25764 Q. The third bullet point says you lost
2577
2578
25795 fundraising fees from the Kelli Ward campaign, and
2580
2581
25826 then it says the campaign was stopped by Buzz
2583
2584
25857 Strategies.
2586
2587
25888 A. I'm sorry. I lost my train of thought
2589
2590
25919 because I need to go back to my previous answer.
2592
2593
259410 In my opinion what they were posting was
2595
2596
259711 inappropriate and racist.
2598
2599
260012 Q. I don't think they'll sue you for libel.
2601
2602
260313 A. Well, I just want to clarify that. It's
2604
2605
260614 my opinion.
2607
260815 Q. Sure, I understand.
2609
2610
261116 So let's go back to your interrogatory
2612
2613
261417 responses, and I want to ask about the Kelli Ward
2615
2616
261718 campaign. Explain to me what the contract was,
2618
2619
262019 Buzz Strategies LLP was going to enter into a
2621
2622
262320 fundraising consultant agreement with the Kelli
2624
2625
262621 Ward campaign?
2627
2628
262922 A. We did.
2630
2631
263223 Q. You did, right. So I'll show you a
2633
2634
263524 document that we'll mark as Exhibit 7, which for
2636
2637
263825 the record is Plaintiff's 68.
2639
264035
2641
2642
2643
2644
26451 (Defendant's Exhibit 7 marked)
2646
2647
26482 BY MR. DAVIS:
2649
2650
26513 Q. Is that a copy of the agreement?
2652
2653
26544 A. Yes.
2655
2656
26575 Q. And how did this agreement come to an
2658
2659
26606 end?
2661
2662
26637 A. As I stated previously, when Ms. Scott
2664
2665
26668 was contacting J.D. Winteregg, we were afraid that
2667
2668
26699 would bleed over to Kelli Ward. So when we pulled
2670
2671
267210 the J.D. Winteregg campaign down, we pulled her
2673
2674
267511 down as well.
2676
2677
267812 Q. And by "we," you mean Buzz Strategies,
2679
2680
268113 correct?
2682
2683
268414 A. Yes.
2685
268615 Q. Just trying to make sure.
2687
2688
268916 A. She was also challenging John McCain in a
2690
2691
269217 primary.
2693
2694
269518 Q. I'm fairly apolitical. So Winteregg and
2696
2697
269819 Ward were both Republican candidates?
2699
2700
270120 A. Yes.
2702
2703
270421 Q. And you personally are of the
2705
2706
270722 right-leaning persuasion, is that fair?
2708
2709
271023 A. Most people see me that way, yes. It's
2711
2712
271324 highly inaccurate, but that's how most people see
2714
2715
271625 me.
2717
271836
2719
2720
2721
2722
27231 Q. What I'm trying to get at is it sounds
2724
2725
27262 like from what you're saying you and Ms. Lennox
2727
2728
27293 were concerned that because of y'all's dispute
2730
2731
27324 with Ms. Scott, Buzz Strategies could negatively
2733
2734
27355 impact these Congressional candidates and you did
2736
2737
27386 not want that to happen. Is that fair?
2739
2740
27417 A. No. We were afraid that Ms. Scott would
2742
2743
27448 negatively impact the candidates, because of the
2745
2746
27479 specific accusations that she was making toward us
2748
2749
275010 and them.
2751
2752
275311 Q. I understand your distinction. And
2754
2755
275612 because of the Ms. Scott's activity, Buzz
2757
2758
275913 Strategies decided to end its fundraising
2760
2761
276214 consulting agreements with these various
2763
276415 Congressional candidates, yes?
2765
2766
276716 A. Yes.
2768
2769
277017 Q. Okay. Did Buzz Strategies ever raise any
2771
2772
277318 money for J.D. Winteregg or Kelli Ward?
2774
2775
277619 A. Nominally. Very little. Those campaigns
2777
2778
277920 never even got off the ground. The reason was --
2780
2781
278221 for that was because Ms. Scott was notified that
2783
2784
278522 it was happening before they were even --
2786
2787
278823 Q. I understand that's your position. I'm
2789
2790
279124 just trying to figure out the amount of money.
2792
2793
279425 That's why I asked that particular question.
2795
279637
2797
2798
2799
2800
28011 A. Okay.
2802
2803
28042 Q. So I'm going to show you what we'll mark
2805
2806
28073 as Exhibit 8.
2808
2809
28104 (Defendant's Exhibit 8 marked)
2811
2812
28135 BY MR. DAVIS:
2814
2815
28166 Q. This purports to be an email from James
2817
2818
28197 Lysaght at Red Nation Rising. In this email
2820
2821
28228 Mr. Lysaght says RNR and Lu (or her company Buzz
2823
2824
28259 Strategies) never had any funding agreement, plus
2826
2827
282810 the relationship RNR had with Lu ended weeks or
2829
2830
283111 months before you and I, I being Kathy Scott, had
2832
2833
283412 any contact. Do you see that?
2835
2836
283713 (Mr. Lott exits)
2838
2839
284014 A. Yes, I see that.
2841
284215 Q. And it's your contention here today under
2843
2844
284516 oath that Mr. Lysaght is just lying or confused?
2846
2847
284817 MR. LEVENSON: Excuse me, I'm going to
2849
2850
285118 object to the form of that question.
2852
2853
285419 A. Can you restate the question?
2855
2856
285720 BY MR. DAVIS:
2858
2859
286021 Q. No. I mean, do you understand the
2861
2862
286322 question? Can you not answer it for some reason?
2864
2865
286623 MR. LEVENSON: The question is: Is
2867
2868
286924 Mr. Lysaght lying or confused? I objected to the
2870
2871
287225 form.
2873
287438
2875
2876
2877
2878
28791 If you can answer, you may answer.
2880
2881
28822 A. It's multiple choice. I can't answer it.
2883
2884
28853 BY MR DAVIS:
2886
2887
28884 Q. Well, in your opinion is Mr. Lysaght
2889
2890
28915 lying in this email?
2892
2893
28946 A. I can't see what he's responding to.
2895
2896
28977 Q. There's a declarative sentence that says
2898
2899
29008 Katherine Scott had nothing to do with the end of
2901
2902
29039 the relationship between you and Red Nation
2904
2905
290610 Rising. Is Mr. Lysaght lying?
2907
2908
290911 A. According to Ms. Scott, he is.
2910
2911
291212 Q. My question, ma'am, is there's an email
2913
2914
291513 here from Mr. Lysaght that says, quote, RNR and Lu
2916
2917
291814 (or her company Buzz Strategies) never had any
2919
292015 funding agreement, plus the relationship RNR had
2921
2922
292316 with Lu ended weeks or months before you, being
2924
2925
292617 Kathy Scott, or I had any contact.
2927
2928
292918 Is that sentence a lie?
2930
2931
293219 A. Only -- he -- well, I have to look. I
2933
2934
293520 have to look. I know when, which was within days
2936
2937
293821 of her contacting my husband's employer. I'd have
2939
2940
294122 to look at their contact. It was public.
2942
2943
294423 Q. Look at what?
2945
2946
294724 A. I'd have to look at the archives to see
2948
2949
295025 when -- I can't -- I can't answer that question
2951
295239
2953
2954
2955
2956
29571 without referencing the archives.
2958
2959
29602 Q. Do you know why the relationship between
2961
2962
29633 Red Nation Rising and Buzz Strategies actually
2964
2965
29664 ended?
2967
2968
29695 A. Yes.
2970
2971
29726 Q. And that is because of Ms. Scott,
2973
2974
29757 correct?
2976
2977
29788 A. Yes.
2979
2980
29819 Q. And even though Mr. Lysaght says that's
2982
2983
298410 not true, the Twitter archives prove otherwise; is
2985
2986
298711 that right?
2988
2989
299012 A. I'm not going to state definitively one
2991
2992
299313 way or another when I don't recall what the timing
2994
2995
299614 of it was. It had to do with -- my recollection
2997
299815 is it had to do with his interaction with her and
2999
3000
300116 the fact that she contacted my husband's employer.
3002
3003
300417 That's the best recollection that I have of it,
3005
3006
300718 but I --
3008
3009
301019 Q. I want to make sure I understand what
3011
3012
301320 you're saying. Is it your contention that
3014
3015
301621 Ms. Scott's communication with BB&T about your
3017
3018
301922 ex-husband had something to do with the
3020
3021
302223 termination of Buzz Strategies' relationship with
3023
3024
302524 Red Nation Rising?
3026
3027
302825 A. I'm not going to state definitively
3029
303040
3031
3032
3033
3034
30351 without looking back. I remember -- what I
3036
3037
30382 remember was it was very upsetting for me at the
3039
3040
30413 time, and I don't know if I'm remembering it 100
3042
3043
30444 percent correctly. So I'm not going to tell you
3045
3046
30475 one way or another without looking back at the
3048
3049
30506 evidence. I don't know. I'll make a
3051
3052
30537 misstatement, I'll mischaracterize it if I do.
3054
3055
30568 Q. I'm not trying to trip you up. You sued
3057
3058
30599 Ms. Scott. You said you cost me money. I'm
3060
3061
306210 trying to get to the underlying facts about that
3063
3064
306511 allegation.
3066
3067
306812 One of the contentions you've made is I
3069
3070
307113 had some funding agreements with Red Nation Rising
3072
3073
307414 that was terminated because of what Ms. Scott did.
3075
307615 Red Nation Rising says otherwise. So what is the
3077
3078
307916 basis for your contention that the relationship
3080
3081
308217 with Red Nation Rising ended because of Ms. Scott?
3083
3084
308518 A. Ms. Scott makes that contention.
3086
3087
308819 Q. Okay. So do you have any personal
3089
3090
309120 knowledge of why your relationship with Red Nation
3092
3093
309421 Rising ended?
3095
3096
309722 A. I do.
3098
3099
310023 Q. And that is what?
3101
3102
310324 A. To the best -- I'm not comfortable
3104
3105
310625 answering this question without looking at the
3107
310841
3109
3110
3111
3112
31131 archives. I don't know how else to say that.
3114
3115
31162 Q. Well, is there some Tweet somewhere from
3117
3118
31193 Jim Lysaght that says, I'm terminating the
3120
3121
31224 relationship with Lu Esposito or Buzz Strategies
3123
3124
31255 because of Kathy Scott?
3126
3127
31286 A. There are Tweets from Jim Lysaght with
3129
3130
31317 your client.
3132
3133
31348 Q. And those Tweets say I'm ending my
3135
3136
31379 funding relationship with Buzz Strategies because
3138
3139
314010 of what Ms. Scott said?
3141
3142
314311 A. No.
3144
3145
314612 Q. There's just Tweets between the two of
3147
3148
314913 them, between Scott and Lysaght, correct?
3150
3151
315214 A. Yes.
3153
315415 Q. So if you looked at those Tweets what
3155
3156
315716 would that tell you about why your relationship
3158
3159
316017 with Red Nation Rising ended?
3161
3162
316318 A. When they happened.
3164
3165
316619 Q. So timeline.
3167
3168
316920 A. Correct.
3170
3171
317221 Q. Okay. So the basis for your allegation
3173
3174
317522 that you lost money in connection with Red Nation
3176
3177
317823 Rising is because Red Nation Rising was exchanging
3179
3180
318124 Tweets with Ms. Scott before your relationship
3182
3183
318425 with Red Nation Rising ended. Is that right?
3185
318642
3187
3188
3189
3190
31911 A. No.
3192
3193
31942 Q. Besides what Ms. Scott has said, that you
3195
3196
31973 got fired, and besides the timeline, what is it
3198
3199
32004 that makes you think you lost your relationship
3201
3202
32035 with Red Nation Rising because of Ms. Scott?
3204
3205
32066 A. Ms. Scott claimed I did.
3207
3208
32097 Q. Which is what I just said. Besides that
3210
3211
32128 and besides the timeline, what is the basis for
3213
3214
32159 your contention that your relationship with Red
3216
3217
321810 Nation Rising ended because of something Ms. Scott
3219
3220
322111 did?
3222
3223
322412 A. The screen shots that she posted from
3225
3226
322713 people within Red Nation Rising, conversations
3228
3229
323014 with me.
3231
323215 Q. Have you produced those in this
3233
3234
323516 litigation?
3236
3237
323817 A. I believe -- I believe so, yes.
3239
3240
324118 Q. And what do those screen shots say?
3242
3243
324419 A. It's me telling -- asking them where did
3245
3246
324720 she get that information from. How did she
3248
3249
325021 find -- how did she find where my husband works.
3251
3252
325322 Q. All right. So you saw --
3254
3255
325623 A. I'm sorry. That's -- I need to correct
3257
3258
325924 that.
3260
3261
326225 Q. Okay.
3263
326443
3265
3266
3267
3268
32691 A. The conversation that I was having was
3270
3271
32722 about the fact that I believed that two people or
3273
3274
32753 three people that -- that two or three people that
3276
3277
32784 worked with them, with Red Nation Rising, and
3279
3280
32815 Jared Day specifically, were giving her
3282
3283
32846 information. I don't even recall exactly what
3285
3286
32877 information it was. I believe it was a -- I just
3288
3289
32908 don't remember. I would have to look back at the
3291
3292
32939 evidence.
3294
3295
329610 Q. Okay. We're not communicating
3297
3298
329911 effectively, and maybe that's my fault, so let me
3300
3301
330212 try and be more clear.
3303
3304
330513 I understand you think Ms. Scott told
3306
3307
330814 lies about you, okay. That's different than
3309
331015 saying those lies cost me money. So I'm trying to
3311
3312
331316 get at how it is you think you know Ms. Scott's
3314
3315
331617 purported lies cost you money. Does that make
3317
3318
331918 sense, where I'm coming from? Get that?
3320
3321
332219 A. Yes.
3323
3324
332520 Q. Okay. And one of the allegations you
3326
3327
332821 made is my relationship with Red Nation Rising
3329
3330
333122 ended, correct?
3332
3333
333423 A. Yes.
3335
3336
333724 Q. Okay. And you think your relationship
3338
3339
334025 with Red Nation Rising ended because of Ms. Scott
3341
334244
3343
3344
3345
3346
33471 is based on two pieces of evidence: one, what
3348
3349
33502 Ms. Scott said; and, two, the timeline of the
3351
3352
33533 Tweets and then your relationship ended, correct?
3354
3355
33564 A. Yes.
3357
3358
33595 Q. Okay. Anything else?
3360
3361
33626 A. I'm not trying to be evasive and I'm not
3363
3364
33657 trying to be obstinate. But I don't want to say
3366
3367
33688 something based on what I'm remembering about what
3369
3370
33719 happened and it not -- my memory fail me.
3372
3373
337410 Q. Is it fair to say that based on what you
3375
3376
337711 can remember sitting here today, the two pieces of
3378
3379
338012 evidence that would allow you to conclude your
3381
3382
338313 relationship with Red Nation Rising ended because
3384
3385
338614 of Ms. Scott is what she said that she got you
3387
338815 fired and the timeline of the Tweets? Is that
3389
3390
339116 fair?
3392
3393
339417 A. It is fair, and the content of the
3395
3396
339718 Tweets, because they were all related. So yes.
3398
3399
340019 Q. The content of the Tweets don't say why
3401
3402
340320 your relationship with Red Nation Rising ended, do
3404
3405
340621 they?
3407
3408
340922 A. Not specifically.
3410
3411
341223 Q. Okay, easy enough.
3413
3414
341524 I want to show you what we'll mark as
3416
3417
341825 Exhibit 9, which is an affidavit from
3419
342045
3421
3422
3423
3424
34251 Mr. Winteregg.
3426
3427
34282 (Defendant's Exhibit 9 marked)
3429
3430
34313 BY MR. DAVIS:
3432
3433
34344 Q. You've seen this before, correct?
3435
3436
34375 A. Yes.
3438
3439
34406 Q. Okay. And you've seen in paragraph 5
3441
3442
34437 Mr. Winteregg swore under oath that he has no
3444
3445
34468 recollection of Kathy Scott contacting him about
3447
3448
34499 you or anything to do with you, correct?
3450
3451
345210 A. Yes.
3453
3454
345511 Q. And what's your explanation for what
3456
3457
345812 you've said in discovery and what Mr. Winteregg
3459
3460
346113 said?
3462
3463
346414 A. He's mistaken.
3465
346615 Q. How is it you think he's mistaken?
3467
3468
346916 A. I know he's mistaken because he contacted
3470
3471
347217 John LaRosa and said, What is this Tweet?
3473
3474
347518 Q. How do you know that?
3476
3477
347819 A. John LaRosa told us about it.
3479
3480
348120 Q. That's fine. The reason I'm asking is
3482
3483
348421 that's hearsay, so that may or may not be
3485
3486
348722 probative of anything.
3488
3489
349023 So is there anything in writing from
3491
3492
349324 Mr. Winteregg?
3494
3495
349625 A. John LaRosa --
3497
349846
3499
3500
3501
3502
35031 MR. LEVENSON: Dan, in fairness, this is
3504
3505
35062 a discovery deposition. So your casual comments
3507
3508
35093 about what is admissible isn't really helpful. So
3510
3511
35124 I object to the statement and the subsequent
3513
3514
35155 question, the form of it.
3516
3517
35186 She's telling you, I think, in response
3519
3520
35217 to your question, what LaRosa told her.
3522
3523
35248 MR. DAVIS: The reason I brought it up is
3525
3526
35279 she gave me a confused look like I was an idiot,
3528
3529
353010 so I wanted to make sure that she knew I wasn't
3531
3532
353311 badgering her. I don't think it has legal value.
3534
3535
353612 MR. LEVENSON: I apologize for your
3537
3538
353913 interpretation of the look. So obviously you can
3540
3541
354214 call on all the hearsay in the world in a
3543
354415 discovery deposition, and -- but I think she's
3545
3546
354716 answered your question.
3548
3549
355017 BY MR DAVIS:
3551
3552
355318 Q. Just so I'm clear, you think
3554
3555
355619 Mr. Winteregg's mistaken because John LaRosa told
3557
3558
355920 you that he -- that he, being Mr. Winteregg,
3560
3561
356221 contacted Mr. LaRosa about a Tweet from Kathy
3563
3564
356522 Scott, is that right?
3566
3567
356823 A. Correct.
3569
3570
357124 Q. Okay. Any other reason why you think
3572
3573
357425 Mr. Winteregg's wrong in this affidavit?
3575
357647
3577
3578
3579
3580
35811 A. We contacted -- we contracted with 4 Tier
3582
3583
35842 Strategies, not with J.D. Winteregg directly.
3585
3586
35873 J.D. Winteregg was not running his Twitter
3588
3589
35904 account, which is why when Kathy Scott contacted
3591
3592
35935 the Twitter account she was contacting my client,
3594
3595
35966 John LaRosa.
3597
3598
35997 Q. And do you have any paperwork that shows
3600
3601
36028 there was actually any relationship between 4 Tier
3603
3604
36059 Strategies and J.D. Winteregg, for example? I
3606
3607
360810 mean, I see you have a piece of paper that has
3609
3610
361111 Buzz Strategies on it and has 4 Tier Strategies on
3612
3613
361412 it, but this doesn't say anything about
3615
3616
361713 J.D. Winteregg.
3618
3619
362014 A. I'm pretty sure the FEC has that
3621
362215 information.
3623
3624
362516 Q. But you don't. I should just go to the
3626
3627
362817 FEC?
3629
3630
363118 A. You could. Again, I'm not trying to be
3632
3633
363419 sarcastic.
3635
3636
363720 Q. That's fine. You answered my question.
3638
3639
364021 I'm going to show you what we'll mark as Exhibit
3641
3642
364322 10, which for the record is Plaintiff's 79.
3644
3645
364623 (Defendant's Exhibit 10 marked)
3647
3648
364924 BY MR. DAVIS:
3650
3651
365225 Q. And can you explain what this is to me?
3653
365448
3655
3656
3657
3658
36591 A. This is a proposal and forecast given to
3660
3661
36622 the client.
3663
3664
36653 Q. The client being 4 Tier Strategies?
3666
3667
36684 A. Correct.
3669
3670
36715 Q. Okay. And I see at the bottom there's a
3672
3673
36746 fundraising forecast, an A, B, C and D with
3675
3676
36777 different amounts of money, correct?
3678
3679
36808 A. Correct.
3681
3682
36839 Q. And what was this forecast based on?
3684
3685
368610 A. 30 years of marketing history, 10 years
3687
3688
368911 of fundraising experience.
3690
3691
369212 Q. Okay. And Buzz Strategies would have --
3693
3694
369513 let's say, for example, in scenario A that $15,000
3696
3697
369814 was, in fact, raised. How much money would Buzz
3699
370015 Strategies have made?
3701
3702
370316 A. Which one?
3704
3705
370617 Q. Scenario A where $15,000 in funds are
3707
3708
370918 raised on line.
3710
3711
371219 A. 1500.
3713
3714
371520 Q. 10 percent?
3716
3717
371821 A. Uh-huh.
3719
3720
372122 Q. Yes?
3722
3723
372423 A. Yes.
3725
3726
372724 Q. Explain how -- well, strike that.
3728
3729
373025 If Buzz Strategies made $1500 how would
3731
373249
3733
3734
3735
3736
37371 that be allocated as between you and Ms. Lennox?
3738
3739
37402 A. 50/50.
3741
3742
37433 Q. And what expenses would Buzz Strategies
3744
3745
37464 have had in conducting this fundraising campaign?
3747
3748
37495 A. Under this agreement, this proposal?
3750
3751
37526 Q. Yes, ma'am.
3753
3754
37557 A. None. None.
3756
3757
37588 Q. How does the fundraising campaign work?
3759
3760
37619 You go on your Twitter account, try to just drive
3762
3763
376410 people towards the campaign site?
3765
3766
376711 MR. LEVENSON: Nothing wrong with that
3768
3769
377012 question, if you can answer it.
3771
3772
377313 A. Yes.
3774
3775
377614 BY MR DAVIS:
3777
377815 Q. Okay. I thought so, I just wanted to
3779
3780
378116 make sure. I'm not a political fundraiser so I
3782
3783
378417 don't know how that kind of thing works.
3785
3786
378718 You mentioned Michael Loftus earlier.
3788
3789
379019 Who is that?
3791
3792
379320 A. He's a senior executive writer for Kevin
3794
3795
379621 James. And I'd just like to say I'd expect for
3797
3798
379922 Kevin James not to receive any Tweets from
3800
3801
380223 Ms. Scott.
3803
3804
380524 Q. And it's your contention that you would
3806
3807
380825 have had some relationship with Mr. James that
3809
381050
3811
3812
3813
3814
38151 would have made you money but for Ms. Scott; is
3816
3817
38182 that correct?
3819
3820
38213 A. No.
3822
3823
38244 Q. Okay. Explain to me why you brought up
3825
3826
38275 Mr. Loftus earlier.
3828
3829
38306 A. Because he received Tweets from Ms. Scott
3831
3832
38337 often. Well, from time to time.
3834
3835
38368 Q. Okay.
3837
3838
38399 A. I guess would be accurate.
3840
3841
384210 Q. And has that cost you any money?
3843
3844
384511 A. It annoys the client.
3846
3847
384812 Q. Here's my question, ma'am: Have
3849
3850
385113 Ms. Scott's annoying and defamatory Tweets cost
3852
3853
385414 you money, Tweets to Mr. Loftus?
3855
385615 A. I'll answer your question with a
3857
3858
385916 question. Is he listed in the case as someone
3860
3861
386217 that I've lost money?
3863
3864
386518 Q. All I need you to do is to answer my
3866
3867
386819 question. You can feel free to opine by affidavit
3869
3870
387120 or at the trial.
3872
3873
387421 Do you contend that Ms. Scott's Tweets
3875
3876
387722 have cost you money with Mr. Loftus?
3878
3879
388023 A. No, and I never have contended it.
3881
3882
388324 Q. I just wanted to make sure, since you
3884
3885
388625 brought him up earlier.
3887
388851
3889
3890
3891
3892
38931 Now, besides the contracts that are
3894
3895
38962 alleged in your interrogatory responses, which are
3897
3898
38993 those dealing with Mr. Winteregg, those dealing
3900
3901
39024 with Kelli Ward and those dealing with Red Nation
3903
3904
39055 Rising, do you allege that you've lost any money
3906
3907
39086 because of anything Ms. Scott has done?
3909
3910
39117 A. Are you asking me to confirm what's in
3912
3913
39148 the claim to begin with?
3915
3916
39179 MR. LEVENSON: I think it's just a yes or
3918
3919
392010 no question.
3921
3922
392311 A. Can you repeat the question?
3924
3925
392612 BY MR. DAVIS:
3927
3928
392913 Q. Sure. And, again, this is not a trick.
3930
3931
393214 You sued her, you said you cost me money. I just
3933
393415 want to make sure I know what all of the sources
3935
3936
393716 of money that you allegedly lost are. So I know
3938
3939
394017 the ones that are written down on this piece of
3941
3942
394318 paper because I can read. I want to make sure
3944
3945
394619 while I have time to talk to you today do you
3947
3948
394920 think there are other relationships or contracts
3950
3951
395221 that were terminated because of Ms. Scott that
3953
3954
395522 wound up costing you money?
3956
3957
395823 A. To the best of my knowledge at this time,
3959
3960
396124 no.
3962
3963
396425 Q. Okay. Now, the Red Nation Rising
3965
396652
3967
3968
3969
3970
39711 contract, what Tweets is it that you think caused
3972
3973
39742 that relationship to terminate?
3975
3976
39773 A. Right now I believe that the factor
3978
3979
39804 behind the conversation, or the factor behind
3981
3982
39835 ending that relationship was people within that
3984
3985
39866 organization providing information to Ms. Scott.
3987
3988
39897 If -- I'm not -- I just can't remember if I'm
3990
3991
39928 remembering this correctly. And if I say it, it's
3993
3994
39959 disputable. You'll just dispute it later if I get
3996
3997
399810 it wrong. So --
3999
4000
400111 Q. Well, let me ask my question over again.
4002
4003
400412 You've alleged that your relationship
4005
4006
400713 with Red Nation Rising terminated because of
4008
4009
401014 something Ms. Scott did. What in particular did
4011
401215 Ms. Scott do that you think caused your
4013
4014
401516 relationship with Red Nation Rising to end?
4016
4017
401817 A. I believe to the best of my recollection
4019
4020
402118 right now, without looking at the evidence, it was
4022
4023
402419 her contacting J.D. Winteregg. That campaign
4025
4026
402720 wasn't public. She got that information from
4028
4029
403021 someone inside Red Nation Rising.
4031
4032
403322 Q. Okay. So you think the Tweets from
4034
4035
403623 Ms. Scott to J.D. Winteregg or people affiliated
4037
4038
403924 with Mr. Winteregg was the reason why your
4040
4041
404225 relationship with Red Nation Rising ended?
4043
404453
4045
4046
4047
4048
40491 A. It's -- I believe it started on -- it's
4050
4051
40522 why I wasn't willing to continue with them, yes.
4053
4054
40553 Q. Again, let me try and explain to you why
4056
4057
40584 I'm asking this, okay.
4059
4060
40615 There's a mountain of Tweets and you've
4062
4063
40646 alleged that a bunch of them are defamatory. So
4065
4066
40677 I'm trying to link particular Tweets to Red Nation
4068
4069
40708 Rising and J.D. Winteregg and Kelli Ward. Does
4071
4072
40739 that make sense?
4074
4075
407610 A. It does.
4077
4078
407911 Q. Okay.
4080
4081
408212 A. And I'm trying to tell you that with
4083
4084
408513 regards to Red Nation Rising, J.D. Winteregg --
4086
4087
408814 it's clear in my mind. With regards to Red Nation
4089
409015 Rising and how that occurred and how it
4091
4092
409316 transpired, I can't remember completely. And if
4094
4095
409617 you need that information, I'll have to provide it
4097
4098
409918 to you later.
4100
4101
410219 Q. Just out of curiosity, what did you do to
4103
4104
410520 get ready for this deposition?
4106
4107
410821 A. I -- what do you mean?
4109
4110
411122 Q. Well, I mean, you said a couple times I
4112
4113
411423 would need to go back and look at certain
4115
4116
411724 documents to answer your question. Did you look
4118
4119
412025 at documents to prepare for this deposition?
4121
412254
4123
4124
4125
4126
41271 A. Yes.
4128
4129
41302 Q. Okay. How long did you spend to prepare
4131
4132
41333 for this deposition?
4134
4135
41364 A. I don't know.
4137
4138
41395 Q. More than an hour?
4140
4141
41426 A. Yes.
4143
4144
41457 Q. More than five hours?
4146
4147
41488 A. Probably.
4149
4150
41519 Q. More than 10 hours?
4152
4153
415410 A. I don't know.
4155
4156
415711 Q. Do you have reason to believe that at the
4158
4159
416012 trial you'll be able to give more definitive
4161
4162
416313 testimony?
4164
4165
416614 A. I will now, on this particular issue,
4167
416815 yes.
4169
4170
417116 Q. Because you will go back and look at the
4172
4173
417417 documents after your deposition's concluded?
4175
4176
417718 A. I will now, yes.
4178
4179
418019 Q. What Tweets do you believe caused the
4181
4182
418320 Kelli Ward relationship to end?
4184
4185
418621 A. The Tweets to J.D. Winteregg.
4187
4188
418922 Q. Okay. So -- well, I want to go back to
4190
4191
419223 Exhibit 2 --
4193
4194
419524 A. Uh-huh.
4196
4197
419825 Q. -- which is in front of you, and I want
4199
420055
4201
4202
4203
4204
42051 to ask you about Interrogatory Number 6. And
4206
4207
42082 Interrogatory Number 6 asks, in paragraph number
4209
4210
42113 23 of your complaint, you allege to have been
4212
4213
42144 damaged by defendant's purported tortious
4215
4216
42175 interference with your contractual relationships.
4218
4219
42206 Please explain, itemize, and compute these
4221
4222
42237 damages. Do you see that?
4224
4225
42268 A. Yes.
4227
4228
42299 Q. And your response is some legalese, and
4230
4231
423210 then you state, quote, Plaintiff further states
4233
4234
423511 that results of Google searches for plaintiff are
4236
4237
423812 tainted with the false allegations made by
4239
4240
424113 defendant. Do you see that?
4242
4243
424414 A. Yes.
4245
424615 Q. Okay. And what contractual relationships
4247
4248
424916 did that interfere with?
4250
4251
425217 A. The same ones that we've covered here.
4253
4254
425518 Q. That's all I want to make sure. So
4256
4257
425819 Winteregg and Kelli Ward and Red Nation Rising,
4259
4260
426120 correct?
4262
4263
426421 A. And Michael Loftus. Every time she
4265
4266
426722 contacts him we have to have a conversation with
4268
4269
427023 him about why she's contacting him, what she's
4271
4272
427324 saying, and --
4274
4275
427625 Q. And was some contract or business
4277
427856
4279
4280
4281
4282
42831 relationship terminated with Mr. Loftus as a
4284
4285
42862 result of Ms. Scott?
4287
4288
42893 A. No, no.
4290
4291
42924 Q. Okay.
4293
4294
42955 A. But it still interferes with our
4296
4297
42986 business.
4299
4300
43017 Q. Okay. I understand what you're saying.
4302
4303
43048 The next part of your response to Interrogatory
4305
4306
43079 Number 6 says, quote, the taint of these false
4308
4309
431010 allegations has resulted in ongoing reduction of
4311
4312
431311 business with the plaintiffs. Do you see that?
4314
4315
431612 A. Yes.
4317
4318
431913 Q. What business is that?
4320
4321
432214 A. Again, we had to -- and at the time that
4323
432415 this was written, at this time this was done, we
4325
4326
432716 had -- we were still in the process of rebuilding
4328
4329
433017 based on a new business model. We had to pull our
4331
4332
433318 entire model down. What we do now is not anything
4334
4335
433619 like we had targeted to do then. So we had built
4337
4338
433920 a model that we had to pull down and start over.
4340
4341
434221 Q. The "we" is Buzz Strategies, being you
4343
4344
434522 and Ms. Lennox, correct?
4346
4347
434823 A. Correct.
4349
4350
435124 Q. Okay. How is the model that Buzz
4352
4353
435425 Strategies previously employed and the model that
4355
435657
4357
4358
4359
4360
43611 Buzz Strategies now employs different? Explain to
4362
4363
43642 me the two different models, please.
4365
4366
43673 A. We had to create a model that made it
4368
4369
43704 impossible for Ms. Scott to identify who our
4371
4372
43735 clients are.
4374
4375
43766 Q. How does that work?
4377
4378
43797 A. I'd rather not state verbally or publicly
4380
4381
43828 where it can be used on line later.
4383
4384
43859 Q. That's fine, I don't need that, so I'll
4386
4387
438810 let that slide. I understand what you're saying.
4389
4390
439111 The next sentence to this interrogatory
4392
4393
439412 response says, quote, Plaintiff has been forced to
4395
4396
439713 refuse or cancel contracts with various
4398
4399
440014 politicians. Do you see that?
4401
440215 A. Yes.
4403
4404
440516 Q. And is that accurate, that you refused
4406
4407
440817 and canceled contracts?
4409
4410
441118 A. At least one, yes.
4412
4413
441419 Q. And are those politicians any different
4415
4416
441720 than the ones we've discussed here earlier today?
4418
4419
442021 A. One that -- I'm sorry, that's what I
4421
4422
442322 meant. There's at least one other that we haven't
4424
4425
442623 discussed, which was a second candidate for 4 Tier
4427
4428
442924 Strategies.
4430
4431
443225 Q. And who is that candidate?
4433
443458
4435
4436
4437
4438
44391 A. I'm drawing a blank on his name. I
4440
4441
44422 looked at it last night. I'm sorry, I'm just
4443
4444
44453 blanking out on his name.
4446
4447
44484 Q. Well, let's call him John Doe for now,
4449
4450
44515 okay?
4452
4453
44546 A. Okay. Yeah. I can give it to you when
4455
4456
44577 we take a break. I'll just look.
4458
4459
44608 Q. That's fine. So was there ever any
4461
4462
44639 fundraising consulting agreement entered into
4464
4465
446610 between Buzz Strategies and 4 Tier with respect to
4467
4468
446911 John Doe?
4470
4471
447212 A. No.
4473
4474
447513 Q. Okay.
4476
4477
447814 A. It was specifically a contract that we
4479
448015 refused, declined, because of the situation.
4481
4482
448316 Q. Okay. So all the contracts with 4 Tier
4484
4485
448617 Strategies would have been through Buzz
4487
4488
448918 Strategies, correct?
4490
4491
449219 A. Yes.
4493
4494
449520 Q. Okay. And the contracts with Red Nation
4496
4497
449821 Rising would have been with you personally?
4499
4500
450122 A. In our last several conversations that
4502
4503
450423 wasn't what I had expressed to Jim. I can't tell
4505
4506
450724 you what Jim intended to do or what -- I can't
4508
4509
451025 tell you what he intended to do. It was my
4511
451259
4513
4514
4515
4516
45171 intention for all the work I was doing to go
4518
4519
45202 through Buzz Strategies.
4521
4522
45233 Q. Okay. I know I've asked this before so I
4524
4525
45264 don't want to beat a dead horse, and we'll take a
4527
4528
45295 break here in a second. But this is the only
4530
4531
45326 chance I get to talk to you before the trial. So
4533
4534
45357 I want to make sure I know all the funding
4536
4537
45388 relationships and business relationships you think
4539
4540
45419 have been interfered with.
4542
4543
454410 Besides Mr. Winteregg, Ms. Ward, this
4545
4546
454711 John Doe person we've talked about and Red Nation
4548
4549
455012 Rising, any other business relationships that you
4551
4552
455313 think were interfered with because of Ms. Scott?
4554
4555
455614 A. You say interfered with, then in the
4557
455815 definition of that I think is somewhat subjective,
4559
4560
456116 unless it's not.
4562
4563
456417 Q. That's a fair point. Let me clarify.
4565
4566
456718 What I really want to know is contracts that were
4568
4569
457019 terminated or relationships that actually ended.
4571
4572
457320 A. Those are the ones that I'm aware of. If
4574
4575
457621 there's something else out there I -- I don't know
4577
4578
457922 why I wouldn't be aware of it, but --
4580
4581
458223 Q. Okay. And then with respect to -- are
4583
4584
458524 you suing Ms. Scott for any other -- well, strike
4586
4587
458825 that. That's fine.
4589
459060
4591
4592
4593
4594
45951 MR. LEVENSON: We've been going actually
4596
4597
45982 an hour almost to the minute. Would this be a
4599
4600
46013 good time?
4602
4603
46044 MR. DAVIS: Yes, sir.
4605
4606
46075 MR. LEVENSON: Good. Let's go off the
4608
4609
46106 record.
4611
4612
46137 (Recess 10:58 a.m.-11:10 a.m.)
4614
4615
46168 (Mr. Levenson exits, Mr. Lott enters)
4617
4618
46199 (Defendant's Exhibit 11 and Defendant's
4620
4621
462210 Exhibit 12 marked)
4623
4624
462511 BY MR. DAVIS:
4626
4627
462812 Q. Ms. Esposito, I'm going to show you a
4629
4630
463113 document marked as Exhibit 11. And my only
4632
4633
463414 question is whether that is an accurate
4635
463615 representation of a Tweet you sent.
4637
4638
463916 A. Yes, to the best of my recollection, that
4640
4641
464217 is accurate.
4643
4644
464518 Q. Okay. I'm going to show you a document
4646
4647
464819 marked as Exhibit 12, and I have just a couple
4649
4650
465120 questions about this. Unfortunately there's no
4652
4653
465421 page numbers, so what I want to ask you about is
4655
4656
465722 your response to request number 4, which starts at
4658
4659
466023 the fourth page.
4661
4662
466324 A. Okay.
4664
4665
466625 Q. And then skip the fifth page, skip the
4667
466861
4669
4670
4671
4672
46731 sixth page, skip the seventh page. I'm looking at
4674
4675
46762 a page that in the middle has in bold print, At
4677
4678
46793 this time Scott was also using the Twitter account
4680
4681
46824 @jointhegirlarmy. Are we looking at the same
4683
4684
46855 page?
4686
4687
46886 A. Yes.
4689
4690
46917 Q. There's a bullet point here that says, I
4692
4693
46948 was fired from a job that I resigned from, paren,
4695
4696
46979 pro bono position. Do you see that?
4698
4699
470010 A. Yes.
4701
4702
470311 Q. So what you're saying here is that
4704
4705
470612 Ms. Scott falsely reported to the public that you
4707
4708
470913 had been fired from a job when, in fact, you
4710
4711
471214 resigned; is that right?
4713
471415 A. Yes.
4715
4716
471716 Q. Okay. What job is that?
4718
4719
472017 A. That was the radio host. That was the
4721
4722
472318 Red Nation Rising job.
4724
4725
472619 Q. And when we talk about Red Nation Rising,
4727
4728
472920 you had two different relationships, correct? So
4730
4731
473221 you were both a consultant, which was a pro bono
4733
4734
473522 position, but you were also in discussions to
4736
4737
473823 enter into a for-private fundraising consulting
4739
4740
474124 agreement?
4742
4743
474425 A. That was my understanding, was that we
4745
474662
4747
4748
4749
4750
47511 were in those discussions, yes.
4752
4753
47542 Q. I want to ask you -- skip a couple pages.
4755
4756
47573 So skip the next page, and then go to April 11th,
4758
4759
47604 2016. You're looking at April 11th, 2016?
4761
4762
47635 A. Uh-huh.
4764
4765
47666 Q. And there's an allegation in here about
4767
4768
47697 Ms. Scott soliciting a hacker to do something
4770
4771
47728 nefarious with respect to you; is that right?
4773
4774
47759 A. That was the way I interpreted what was
4776
4777
477810 being said on line, yes.
4779
4780
478111 Q. Do you contend that Ms. Scott solicited
4782
4783
478412 Anonymous to hack you or hack some of your
4785
4786
478713 accounts?
4788
4789
479014 A. Am I doing --
4791
479215 Q. Just period.
4793
4794
479516 A. At the time I very much thought that's
4796
4797
479817 what was happening. Now do I believe that she
4799
4800
480118 actually spoke with someone -- well, I can't tell
4802
4803
480419 you what her intent was.
4805
4806
480720 Q. For the purposes of this lawsuit are you
4808
4809
481021 alleging that Ms. Scott solicited Anonymous to
4811
4812
481322 hack you or your accounts?
4814
4815
481623 A. Did I allege that in my claims?
4817
4818
481924 Q. It's your complaint, ma'am. Did you?
4820
4821
482225 Are you suing Ms. Scott because you think that she
4823
482463
4825
4826
4827
4828
48291 solicited Anonymous to hack you?
4830
4831
48322 A. I don't recall alleging that in my claim.
4833
4834
48353 Q. And when we get to the trial are you
4836
4837
48384 going to say that Ms. Scott should somehow be
4839
4840
48415 liable because she solicited Anonymous to hack you
4842
4843
48446 or your accounts?
4845
4846
48477 MR. LOTT: If you can answer it, you can
4848
4849
48508 answer it. I can't tell you.
4851
4852
48539 A. At this time I don't think so. But every
4854
4855
485610 day that goes by, something else happens, so . . .
4857
4858
485911 BY MR. DAVIS:
4860
4861
486212 Q. All right. So sitting here today, you
4863
4864
486513 don't intend to sue Ms. Scott for soliciting
4866
4867
486814 Anonymous to hack you, correct?
4869
487015 A. Sitting here right now today, I don't
4871
4872
487316 believe I've alleged that. I don't believe that
4874
4875
487617 was in my claims previously, and I don't believe
4877
4878
487918 I'm going to make that claim going forward, no.
4880
4881
488219 Q. Okay. That's helpful, thank you.
4883
4884
488520 The document we were just looking at
4886
4887
488821 says, quote, nobody in Anonymous was interested.
4889
4890
489122 See that?
4892
4893
489423 A. Yes, that's what I observed on line.
4895
4896
489724 Q. Were you, in fact, hacked by a member of
4898
4899
490025 Anonymous?
4901
490264
4903
4904
4905
4906
49071 A. Not to my knowledge.
4908
4909
49102 Q. Okay. I want to go to the next page and
4911
4912
49133 ask you about May 13th, 2016, and specifically the
4914
4915
49164 archive that ends -- oh, excuse me, the web
4917
4918
49195 address that ends with Fame -- Famertunesucre.
4920
4921
49226 A. Famertunesucre.
4923
4924
49257 Q. Famertunesucre, of course, obviously.
4926
4927
49288 Do you have a copy of that link that
4929
4930
49319 you're referencing? Because when I looked it up
4932
4933
493410 it was kiddy porn.
4935
4936
493711 A. This is a search URL for archive.is. It
4938
4939
494012 shouldn't be anything but the search results for
4941
4942
494313 this Twitter.
4944
4945
494614 Q. So you think that this link would show
4947
494815 Tweets sent by Famertunesucre?
4949
4950
495116 A. Just a sec. I believe someone may have
4952
4953
495417 inserted incorrect characters into this URL, so I
4955
4956
495718 believe you might have to take the 2 and the F
4958
4959
496019 out.
4961
4962
496320 Q. Okay.
4964
4965
496621 A. Or take the F out for this link to work.
4967
4968
496922 Q. Okay. Under May 13th it also says that
4970
4971
497223 anonymous attacked you in early April 2017. Do
4973
4974
497524 you see that?
4976
4977
497825 A. No. I said that she was seen on line
4979
498065
4981
4982
4983
4984
49851 trying to solicit.
4986
4987
49882 Q. Were you attacked by anonymous in early
4989
4990
49913 April 2017?
4992
4993
49944 A. By the account above, yes.
4995
4996
49975 Q. What does that mean? What account are
4998
4999
50006 you referring to?
5001
5002
50037 A. The Famertunesucre account.
5004
5005
50068 Q. Okay. So Famertunesucre attacked you in
5007
5008
50099 April of 2017; is that right?
5010
5011
501210 A. Harassed me, but not hacked me.
5013
5014
501511 Q. So what do you mean by attacked? Just
5016
5017
501812 sent harassing emails or Tweets?
5019
5020
502113 A. Yes.
5022
5023
502414 Q. Okay. All right. I want to skip to the
5025
502615 next page, which is June 23rd, 2016. And towards
5027
5028
502916 the bottom there's a bullet point that says,
5030
5031
503217 quote, I stole a document from BB&T. I was sent
5033
5034
503518 an email from my husband that he received for our
5036
5037
503819 purposes, do you see that?
5039
5040
504120 A. Yes.
5042
5043
504421 Q. What email are you referring to?
5045
5046
504722 A. That was the email from where they -- the
5048
5049
505023 email where they said that they determined that he
5051
5052
505324 didn't even have access to the document, or to the
5054
5055
505625 systems.
5057
505866
5059
5060
5061
5062
50631 Q. "They" being BB&T?
5064
5065
50662 A. Yes.
5067
5068
50693 Q. Okay. So your husband forwarded you an
5070
5071
50724 email or sent you an email from BB&T that said,
5073
5074
50755 We've determined Mr. Esposito did not have access
5076
5077
50786 to the systems on which Ms. Scott's account
5079
5080
50817 information would be located.
5082
5083
50848 A. The document attached to the email said
5085
5086
50879 that, yes.
5088
5089
509010 Q. Okay. And did you use that document in
5091
5092
509311 connection with obtaining a criminal warrant or an
5094
5095
509612 arrest warrant in North Carolina?
5097
5098
509913 A. I did not.
5100
5101
510214 MR. LOTT: Hold on. Let him finish.
5103
510415 THE WITNESS: I'm sorry, I thought he
5105
5106
510716 did.
5108
5109
511017 BY MR. DAVIS:
5111
5112
511318 Q. That's okay. Go ahead.
5114
5115
511619 A. Did you finish your question?
5117
5118
511920 Q. My question was: Did you use this
5120
5121
512221 document from BB&T in North Carolina to get an
5123
5124
512522 arrest warrant?
5126
5127
512823 A. I did not. The document, the warrant was
5129
5130
513124 sought, I believe the date was December 3rd, maybe
5132
5133
513425 five to seven business days before the email that
5135
513667
5137
5138
5139
5140
51411 have concluded the investigation was forwarded to
5142
5143
51442 my husband.
5145
5146
51473 Q. Did you have some hearing in Garner,
5148
5149
51504 North Carolina where you had to appear before a
5151
5152
51535 magistrate?
5154
5155
51566 A. No. It's not done as a hearing. It's
5157
5158
51597 basically a -- just a pleading where you go and
5160
5161
51628 ask the magistrate for help. They've changed the
5163
5164
51659 system, but that's what it was at the time.
5166
5167
516810 Q. Okay.
5169
5170
517111 (Defendant's Exhibit 13 marked)
5172
5173
517412 BY MR. DAVIS:
5175
5176
517713 Q. I'm going to ask you about a document
5178
5179
518014 that we'll mark as Exhibit 13. And, again,
5181
518215 there's no page numbers, but I want to start on
5183
5184
518516 your response to Interrogatory Number 2, which is
5186
5187
518817 at page 4, and Interrogatory Number 2 essentially
5189
5190
519118 asks you to identify the statements made by
5192
5193
519419 Ms. Scott that you think were defamatory. Do you
5195
5196
519720 see that?
5198
5199
520021 A. Yes.
5201
5202
520322 Q. Okay. So let me go to the next page and
5204
5205
520623 skip that, and then the next page. And then you
5207
5208
520924 said at the top, quote, Ms. Scott published her
5210
5211
521225 first defamatory blog about Lu Anne Esposito as a
5213
521468
5215
5216
5217
5218
52191 topic in October 2015, and then you have a link,
5220
5221
52222 correct?
5223
5224
52253 A. Yes.
5226
5227
52284 (Defendant's Exhibit 14 marked)
5229
5230
52315 BY MR. DAVIS:
5232
5233
52346 Q. So I'm going to show you what is marked
5235
5236
52377 as Exhibit 14. And is Exhibit 14 the document
5238
5239
52408 that you're referring to as TRxfp?
5241
5242
52439 A. Yes.
5244
5245
524610 Q. All right. Identify for me in Exhibit 14
5247
5248
524911 the defamatory statements, please.
5250
5251
525212 A. I don't think -- it's just what it says
5253
5254
525513 here, is that the story was fake; that I faked a
5256
5257
525814 story.
5259
526015 Q. Okay. So Exhibit 14 where there's a
5261
5262
526316 sentence that says, quote, Esposito wrote and
5264
5265
526617 published a fake release accusing Kathy Scott of
5267
5268
526918 being the harasser of K98 Talk. You contend that
5270
5271
527219 was false, correct?
5273
5274
527520 A. Yes.
5276
5277
527821 Q. And how did that harm you?
5279
5280
528122 A. My business is marketing and public
5282
5283
528423 relations. For someone to accuse me of doing a
5285
5286
528724 fake story, publishing a fake release, is damaging
5288
5289
529025 to my reputation.
5291
529269
5293
5294
5295
5296
52971 Q. And can you identify any money you've
5298
5299
53002 lost tied to this particular statement?
5301
5302
53033 A. No, not specifically.
5304
5305
53064 Q. In your interrogatory responses you also
5307
5308
53095 say that in Exhibit 14 Ms. Scott, quote, claims
5310
5311
53126 that a media release which was directly responsive
5313
5314
53157 to Ms. Scott's media appearance was done as
5316
5317
53188 retaliation. Do you see that?
5319
5320
53219 A. Yes.
5322
5323
532410 Q. Can you tell me where in Exhibit 14 that
5325
5326
532711 statement appears?
5328
5329
533012 A. I don't know that it is in here.
5331
5332
533313 Q. I didn't see it. That's why I'm asking.
5334
5335
533614 A. I don't see that statement in this.
5337
533815 Maybe in one of the other blogs, or you can see in
5339
5340
534116 the column over here that there are quite a few.
5342
5343
534417 Q. Sure. Well, I just want to make sure we
5345
5346
534718 do them one by one. That answers my question.
5348
5349
535019 A. That's fine.
5351
5352
535320 Q. Let's talk a little bit generally about
5354
5355
535621 how all this gets started. You were a -- PIO
5357
5358
535922 stands for what, public information officer?
5360
5361
536223 A. Yeah.
5363
5364
536524 Q. Okay. And you were the PIO back in
5366
5367
536825 October 2015 for what?
5369
537070
5371
5372
5373
5374
53751 A. I was asked to take on the role of media
5376
5377
53782 relations.
5379
5380
53813 Q. We see here --
5382
5383
53844 A. Yeah, it's a -- yes, I --
5385
5386
53875 Q. Okay. So in October 2015 were you a PIO
5388
5389
53906 of something?
5391
5392
53937 A. Yes.
5394
5395
53968 Q. And of what?
5397
5398
53999 A. K98 Talk Radio.
5400
5401
540210 Q. And what is that, or what was that?
5403
5404
540511 A. It's a nonprofit internet radio talk
5406
5407
540812 show.
5409
5410
541113 Q. And what does it play, disco, or what
5412
5413
541414 does --
5415
541615 A. No, it's conservative political talk.
5417
5418
541916 Q. So that's a political talk radio.
5420
5421
542217 A. Yes.
5423
5424
542518 Q. And you were asked by people at K98 to
5426
5427
542819 get involved to try and contain fallout or damage
5429
5430
543120 from what Ms. Scott was doing back in October
5432
5433
543421 2015?
5435
5436
543722 A. Yes. To respond specifically to her
5438
5439
544023 media appearance.
5441
5442
544324 Q. The media appearance was Ms. Scott
5444
5445
544625 appearing on Fox 5 News?
5447
544871
5449
5450
5451
5452
54531 A. Uh-huh.
5454
5455
54562 Q. Yes?
5457
5458
54593 A. Yes.
5460
5461
54624 Q. And in response to Ms. Scott's media
5463
5464
54655 appearance on Fox 5 News you issued a press
5466
5467
54686 release on behalf of K98 Talk Radio, correct?
5469
5470
54717 A. Yes.
5472
5473
54748 Q. And Exhibit 14, which we were looking at,
5475
5476
54779 Ms. Scott characterized that press release as
5478
5479
548010 fake, which you allege is false; correct?
5481
5482
548311 A. Yes.
5484
5485
548612 Q. So what we're going to do, just so you
5487
5488
548913 know, is this big thick document, which is Exhibit
5490
5491
549214 13, this is where you've listed all of the
5493
549415 defamatory statements.
5495
5496
549716 A. Uh-huh.
5498
5499
550017 Q. So I just want to go through them.
5501
5502
550318 (Defendant's Exhibit 15 marked)
5504
5505
550619 BY MR. DAVIS:
5507
5508
550920 Q. So I'm going to show you what is marked
5510
5511
551221 as Exhibit 15. Exhibit 15 is a copy of the press
5513
5514
551522 release we were just talking about, correct?
5516
5517
551823 A. Right.
5519
5520
552124 Q. And did you do anything to push this
5522
5523
552425 press release to media outlets, or did you just
5525
552672
5527
5528
5529
5530
55311 post it on line?
5532
5533
55342 A. I distributed it to a media list.
5535
5536
55373 Q. Who was on the list?
5538
5539
55404 A. Atlanta media outlets, print, broadcast
5541
5542
55435 radio, print, national media outlets. There were,
5544
5545
55466 if I remember correctly, probably 50 or 60.
5547
5548
55497 Q. Okay. We'll show you what we'll mark as
5550
5551
55528 Exhibit 16.
5553
5554
55559 (Defendant's Exhibit 16 marked)
5556
5557
555810 BY MR. DAVIS:
5559
5560
556111 Q. And in the interrogatory responses you
5562
5563
556412 see that you've identified an archive ending in
5565
5566
556713 SGS4a. Is Exhibit 16 that SGS4a you were
5568
5569
557014 referring to?
5571
557215 A. According to the URL here, it is.
5573
5574
557516 Q. You've alleged that Ms. Scott defamed
5576
5577
557817 you. We asked you how did she defame you, and in
5579
5580
558118 your interrogatory responses you said, Well, I put
5582
5583
558419 a copy of it at this archive. So is this archive,
5585
5586
558720 Exhibit 16, what you're referring to?
5588
5589
559021 A. Yes. According to this, it is
5591
5592
559322 (indicating.)
5594
5595
559623 Q. Well, independent of what the URL at the
5597
5598
559924 footer of the page says, is this what you were
5600
5601
560225 talking about in your interrogatory responses?
5603
560473
5605
5606
5607
5608
56091 A. This is the only way I have to tell that
5610
5611
56122 the two match.
5613
5614
56153 Q. Identify for me in Exhibit 16 the
5616
5617
56184 defamatory statements.
5619
5620
56215 A. Targeted campaign against me and I was
5622
5623
56246 immoral and vicious. I guess you could argue
5625
5626
56277 that, but . . .
5628
5629
56308 Q. I'm sorry, you could argue that you were
5631
5632
56339 immoral and vicious?
5634
5635
563610 MR. LOTT: I'm sorry, guys, let's go off
5637
5638
563911 the record.
5640
5641
564212 (Brief interruption)
5643
5644
564513 BY MR. DAVIS:
5646
5647
564814 Q. All right. So going back on the record,
5649
565015 you said in words or substance, you could argue
5651
5652
565316 that. And I'm trying to understand what you
5654
5655
565617 meant. You could argue that the words immoral and
5657
5658
565918 vicious were defamatory? Is that what you meant?
5660
5661
566219 A. I guess. I mean, that's -- yes, that's
5663
5664
566520 one of the statements that I've identified in this
5666
5667
566821 as defamatory.
5669
5670
567122 Q. Okay. Identify for me in Exhibit 16 the
5672
5673
567423 other statements that you think were defamatory,
5675
5676
567724 please.
5678
5679
568025 MR. LOTT: You can answer it.
5681
568274
5683
5684
5685
5686
56871 A. I could not believe that this was their
5688
5689
56902 PIO. Neither could Red Nation Rising. After the
5691
5692
56933 continued targeting they pulled their top rated
5694
5695
56964 show off K98 and fired Esposito.
5697
5698
56995 Q. Can you show me which page you're
5700
5701
57026 referring to, or just tell me.
5703
5704
57057 A. It's the very end. It's the closing
5706
5707
57088 statement.
5709
5710
57119 Q. All right. So it was false to say Red
5712
5713
571410 Nation Rising fired you because, in fact, you
5715
5716
571711 resigned, correct? Maybe I wasn't clear. My
5718
5719
572012 question is you contend it was defamatory for
5721
5722
572313 Ms. Scott to say Red Nation Rising fired you
5724
5725
572614 because, in fact, you resigned.
5727
572815 A. Yes.
5729
5730
573116 Q. Any other defamatory statements in
5732
5733
573417 Exhibit 16?
5735
5736
573718 A. Yeah, that's all I see at this time, and
5738
5739
574019 that's all that I listed that I guess would fall
5741
5742
574320 under defamatory, but, you know.
5744
5745
574621 Q. Do you contend that you lost any money as
5747
5748
574922 a result of the statements that you think are
5750
5751
575223 false and identified in Exhibit 16?
5753
5754
575524 A. Well, this is part of the -- you know,
5756
5757
575825 where she made the situation with Red Nation
5759
576075
5761
5762
5763
5764
57651 Rising completely unworkable and I couldn't
5766
5767
57682 continue. But other than that, no.
5769
5770
57713 Q. Just so I'm clear, you felt like you
5772
5773
57744 needed to resign from Red Nation Rising because of
5775
5776
57775 Ms. Scott's Twitter activity? Is that what you're
5778
5779
57806 saying?
5781
5782
57837 A. That's as fair way as any to describe it,
5784
5785
57868 yes. That's what I've always contended. I've
5787
5788
57899 never said anything else.
5790
5791
579210 Q. And that position was pro bono, the media
5793
5794
579511 consultant position, right?
5796
5797
579812 A. The radio show, yes. That was part of
5799
5800
580113 the pro bono position.
5802
5803
580414 Q. So my original question is: Do you
5805
580615 contend anything in Exhibit 16 cost you money?
5807
5808
580916 And I'll ask you the same question again. Do you
5810
5811
581217 contend that any of the statements you've
5813
5814
581518 identified in Exhibit 16 as being false cost you
5816
5817
581819 money?
5819
5820
582120 A. Indirectly, otherwise impossible to
5822
5823
582421 answer.
5825
5826
582722 Q. Why is it impossible to answer?
5828
5829
583023 A. Indirectly, because of the relationship
5831
5832
583324 with Red Nation Rising, otherwise that's
5834
5835
583625 impossible to answer. This was -- right,
5837
583876
5839
5840
5841
5842
58431 and . . .
5844
5845
58462 Q. So I just want to make sure I'm clear.
5847
5848
58493 You don't know whether anything that Ms. Scott
5850
5851
58524 said in Exhibit 16 cost you money, and you think
5853
5854
58555 it would be impossible to answer that question,
5856
5857
58586 correct?
5859
5860
58617 A. Yeah, I -- to be per -- well, right.
5862
5863
58648 Q. Okay. I'll show you what we'll mark as
5865
5866
58679 Exhibit 17.
5868
5869
587010 (Defendant's Exhibit 17 marked)
5871
5872
587311 BY MR. DAVIS:
5874
5875
587612 Q. And is Exhibit 17 an accurate copy of
5877
5878
587913 your complaint to the Garner, North Carolina
5880
5881
588214 Police Department?
5883
588415 A. It looks correct, yes.
5885
5886
588716 Q. See there's a sentence in here that says,
5888
5889
589017 quote, Ms. Esposito realizes there's no way for us
5891
5892
589318 to charge anyone since the suspect lives in
5894
5895
589619 Georgia and stated she simply wanted us to be
5897
5898
589920 aware of the situation and document it, close
5900
5901
590221 quote. See that?
5903
5904
590522 A. Yes.
5906
5907
590823 Q. Is that what you told the Garner, North
5909
5910
591124 Carolina --
5912
5913
591425 A. That is exactly what I told them. It was
5915
591677
5917
5918
5919
5920
59211 basically informational, so -- and I wasn't asking
5922
5923
59242 for anyone to be charged or even called.
5925
5926
59273 Q. Your goal was to create a paper trail on
5928
5929
59304 Ms. Scott that you could then use on line to
5931
5932
59335 contend that she was a stalker, correct?
5934
5935
59366 A. Absolutely not.
5937
5938
59397 Q. So tell me again why it is you called
5940
5941
59428 police.
5943
5944
59459 A. To document the harassment.
5946
5947
594810 Q. Even though you knew that particular
5949
5950
595111 police department could do nothing to stop the
5952
5953
595412 harassment.
5955
5956
595713 A. I know enough about this kind of
5958
5959
596014 harassment that I know that it doesn't stop
5961
596215 anyway.
5963
5964
596516 Q. Your business partner, Ms. Lennox, had at
5966
5967
596817 or about the same time filed some complaint with
5969
5970
597118 the Cobb County Sheriff's Department, correct? Or
5972
5973
597419 the Cherokee County Police?
5975
5976
597720 A. I suppose. I can't make statements as to
5978
5979
598021 when Mrs. Lennox did anything.
5981
5982
598322 Q. Well, you see that you told the Garner
5984
5985
598623 Police Department on September 29th, 2015, quote,
5987
5988
598924 you had a business partner in Georgia who had gone
5990
5991
599225 to her local police, referenced the same
5993
599478
5995
5996
5997
5998
59991 situation, close quote.
6000
6001
60022 A. If I said that to the police department I
6003
6004
60053 can assure you that it's the truth.
6006
6007
60084 Q. And you and Ms. Lennox coordinated making
6009
6010
60115 criminal complaints against Ms. Scott, correct?
6012
6013
60146 A. No, we did not coordinate.
6015
6016
60177 Q. So it's sheer coincidence that you and
6018
6019
60208 your business partner both filed complaints with
6021
6022
60239 different police departments?
6024
6025
602610 A. Was it sheer coincidence that Ms. Scott
6027
6028
602911 was harassing us both at the same time?
6030
6031
603212 Q. I asked you a question. You don't think
6033
6034
603513 it was a coincidence because you were both being
6036
6037
603814 harassed, right?
6039
604015 A. Yes, we were both being harassed.
6041
6042
604316 Q. And why is it that --
6044
6045
604617 A. We were both being threatened, as a
6047
6048
604918 matter of fact, at that point in time.
6050
6051
605219 Q. What threat?
6053
6054
605520 A. See, these Tweets I do actually remember,
6056
6057
605821 because they kind of make an impression on you.
6059
6060
606122 This is not verbatim, but I don't use my
6062
6063
606423 gun for practice, I use it to kill people. You
6065
6066
606724 don't understand what I'm saying. I have a gun, I
6068
6069
607025 just use it to kill people.
6071
607279
6073
6074
6075
6076
60771 Q. And that's why you called the Garner,
6078
6079
60802 North Carolina Police Department?
6081
6082
60833 A. Yes. That's why I wanted the police to
6084
6085
60864 be aware of who was harassing me.
6087
6088
60895 Q. Are you sure you got your timeline right?
6090
6091
60926 A. Actually, no, I'm not 100 percent
6093
6094
60957 positive. Like I said, you have to look at
6096
6097
60988 archives, because it's been a long two and a half
6099
6100
61019 years, but I am pretty certain that there were
6102
6103
610410 threats made, things said about the IRA --
6105
6106
610711 Q. First of all --
6108
6109
611012 A. -- throughout that process.
6111
6112
611313 Q. Prior to September 29th, 2015, which
6114
6115
611614 motivated you to complain to the Garner, North
6117
611815 Carolina Police Department?
6119
6120
612116 A. I believe so, yes. It should be noted
6122
6123
612417 that this was actually also done -- timed
6125
6126
612718 dispatch. So this is noon on the 29th, which I
6128
6129
613019 think was prior to the media appearance as well,
6131
6132
613320 correct? Wasn't the media appearance on the 30th?
6134
6135
613621 Or it was that evening at 10:00 p.m.
6137
6138
613922 Q. All I'm trying to do is to get to what
6140
6141
614223 you just said, which is the reason I called the
6143
6144
614524 police is because Ms. Scott threatened me, okay.
6146
6147
614825 So that's what I'm trying to get at. Sitting here
6149
615080
6151
6152
6153
6154
61551 today you don't know if those Tweets actually were
6156
6157
61582 sent prior to September 29th.
6159
6160
61613 A. I will rephrase that. I contacted the
6162
6163
61644 police department because I felt threatened and I
6165
6166
61675 felt harassed.
6168
6169
61706 Q. And you felt threatened because of Tweets
6171
6172
61737 that you think had been sent prior to September
6174
6175
61768 29th, 2015, right? That's your testimony?
6177
6178
61799 A. To the best of my recollection, yes, that
6180
6181
618210 is how I believe I felt at the time.
6183
6184
618511 Q. And the Tweet that you contend Ms. Scott
6186
6187
618812 sent which said in words or substance something
6189
6190
619113 about a gun, was that Tweet sent to you?
6192
6193
619414 A. I had not -- no, I don't believe that was
6195
619615 sent to me directly.
6197
6198
619916 Q. So why is it that you felt that Tweet was
6200
6201
620217 threatening to you?
6203
6204
620518 A. I think if you are being harassed by
6206
6207
620819 someone on line who then starts talking about
6209
6210
621120 using their -- you know, I don't know, starts
6212
6213
621421 talking in a violent way and using violent images,
6215
6216
621722 that you would feel threatened as well.
6218
6219
622023 Q. How did you find that particular Tweet?
6221
6222
622324 The one about the guns. It wasn't sent to you,
6224
6225
622625 how did you get it?
6227
622881
6229
6230
6231
6232
62331 A. What do you mean, if it wasn't sent to
6234
6235
62362 me?
6237
6238
62393 Q. You're contending Ms. Scott issued a
6240
6241
62424 Tweet that referenced guns and you were not
6243
6244
62455 addressed on that Tweet, correct?
6246
6247
62486 A. I don't believe I was addressed on that
6249
6250
62517 Tweet, no.
6252
6253
62548 Q. So how did you get the Tweet?
6255
6256
62579 A. I believe, if -- I believe that I saw
6258
6259
626010 someone responding to that Tweet.
6261
6262
626311 Q. Okay. I'm going to show you what we
6264
6265
626612 marked as Exhibit 18.
6267
6268
626913 (Defendant's Exhibit 18 marked)
6270
6271
627214 BY MR. DAVIS:
6273
627415 Q. And is Exhibit 18 is the archived Tweets
6275
6276
627716 you're referring to in your interrogatory
6278
6279
628017 responses for the period February 2016 to April
6281
6282
628318 2016, correct?
6284
6285
628619 A. Uh-huh.
6287
6288
628920 Q. Yes?
6290
6291
629221 A. February. Yes. It appears that way.
6293
6294
629522 Q. Okay. And based on your interrogatory
6296
6297
629823 response it appears that the only thing in this
6299
6300
630124 string of Tweets you contend that was defamatory
6302
6303
630425 was a statement that you, quote, illegally paid
6305
630682
6307
6308
6309
6310
63111 government workers to contract for you; is that
6312
6313
63142 right?
6315
6316
63173 A. Yes.
6318
6319
63204 Q. And it's 40 pages long. So are there
6321
6322
63235 other Tweets in this packet that you're alleging
6324
6325
63266 are defamatory besides what you've identified in
6327
6328
63297 your interrogatory responses?
6330
6331
63328 A. I would have to look through the whole
6333
6334
63359 thing to see if there's something else in here.
6336
6337
633810 Q. Go ahead.
6339
6340
634111 A. I suppose this could be libel: Every
6342
6343
634412 time this get posted Lu Esposito and Erik Rush
6345
6346
634713 have to pay me. #libel #defamation.
6348
6349
635014 Q. And, for the record, Ms. Esposito was
6351
635215 referring to a Tweet on page 12 of Exhibit 18.
6353
6354
635516 A. That's all I see.
6356
6357
635817 Q. Okay. So just so the record is clean, we
6359
6360
636118 just looked at the Twitter archive ending in
6362
6363
636419 sdtHL, and the Tweet you've identified that you
6365
6366
636720 think is defamatory is on page 12 which says,
6368
6369
637021 quote, Every time this get posted Lu Anne Esposito
6371
6372
637322 and Erik Rush have to pay me. #libel #defamation.
6374
6375
637623 Correct?
6377
6378
637924 A. Correct.
6380
6381
638225 Q. I'm going to show you what we'll mark as
6383
638483
6385
6386
6387
6388
63891 Exhibit 19.
6390
6391
63922 (Defendant's Exhibit 19 marked)
6393
6394
63953 BY MR DAVIS:
6396
6397
63984 Q. This for the record is the Twitter
6399
6400
64015 archive ending in tzs4z. And Exhibit 19 is the
6402
6403
64046 Twitter archive you're referring to in your
6405
6406
64077 interrogatory responses about you illegally paying
6408
6409
64108 government workers, correct?
6411
6412
64139 Before you start looking through it I
6414
6415
641610 just want to make sure, Exhibit 19 is the same
6417
6418
641911 Twitter archive that you're referring to in your
6420
6421
642212 interrogatory responses where you say Ms. Scott
6423
6424
642513 falsely stated that you illegally paid government
6426
6427
642814 workers, correct?
6429
643015 A. Yes.
6431
6432
643316 Q. Okay. And I can actually help out on
6434
6435
643617 this one. Let's skip ahead to page 26 of Exhibit
6437
6438
643918 19. And this is the Tweet you're referring to,
6440
6441
644219 correct? Quote, FOIA request sent to State of
6443
6444
644520 North Carolina for info on contractors being paid
6446
6447
644821 by state and working privately for Lu Anne
6449
6450
645122 Esposito, close quote.
6452
6453
645423 A. Yes.
6455
6456
645724 Q. Okay. And your contention is that that
6458
6459
646025 is an accusation that you illegally paid
6461
646284
6463
6464
6465
6466
64671 government workers?
6468
6469
64702 A. Yes, because there are -- I think there
6471
6472
64733 are additional Tweets, if I remember correctly.
6474
6475
64764 But --
6477
6478
64795 Q. Well, before we go on, do you have any
6480
6481
64826 knowledge of whether a Freedom of Information Act
6483
6484
64857 request was sent to the State of North Carolina?
6486
6487
64888 A. I do not know.
6489
6490
64919 Q. And can you identify any other Tweets in
6492
6493
649410 Exhibit 19 that are defamatory?
6495
6496
649711 A. I have to go through it.
6498
6499
650012 Q. Okay.
6501
6502
650313 A. Page 35, this is all tied to
6504
6505
650614 Lu Esposito's libelous post. Her words will be
6507
650815 what brings up Jodi's swatting. I don't know if
6509
6510
651116 it's libelous to say someone is libelous.
6512
6513
651417 Yeah, that's it.
6515
6516
651718 Q. Okay. I'll show you a document we'll
6518
6519
652019 mark as Exhibit 20.
6521
6522
652320 (Defendant's Exhibit 20 marked)
6524
6525
652621 BY MR. DAVIS:
6527
6528
652922 Q. And I want to ask you about a Tweet on
6530
6531
653223 page 2, which is from Ms. Scott that says quote
6533
6534
653524 you used a fake account to threaten an attempted
6536
6537
653825 suicide victim, see that, close quote?
6539
654085
6541
6542
6543
6544
65451 A. Yep.
6546
6547
65482 Q. Okay. And you contend that statement is
6549
6550
65513 defamatory?
6552
6553
65544 A. Yes.
6555
6556
65575 Q. Okay. I'm just making sure. And what is
6558
6559
65606 your understanding of who this attempted suicide
6561
6562
65637 victim is?
6564
6565
65668 A. It's someone named Sean Dawson.
6567
6568
65699 Q. Okay.
6570
6571
657210 A. According to your client. I haven't seen
6573
6574
657511 him actually listed anywhere as a real person, and
6576
6577
657812 I've heard he's not a real person. Well, he's a
6579
6580
658113 real person, but he's not on Twitter and he wasn't
6582
6583
658414 a victim of suicide.
6585
658615 Q. Okay. So the alleged victim is Sean
6587
6588
658916 Dawson. And is it your contention that Ms. Scott
6590
6591
659217 accused you, Lu Anne Esposito, personally of
6593
6594
659518 threatening him, or one of your and pseudonyms?
6596
6597
659819 MR. LOTT: Object to the form of the
6599
6600
660120 question. You can answer if you can.
6602
6603
660421 A. She's tagging me in that post, so she's
6605
6606
660722 saying that to me. She, indeed, is accusing me of
6608
6609
661023 doing that.
6611
6612
661324 BY MR. DAVIS:
6614
6615
661625 Q. You're a department of defense
6617
661886
6619
6620
6621
6622
66231 contractor, correct?
6624
6625
66262 A. Yes.
6627
6628
66293 Q. And what is it you do for the department
6630
6631
66324 of defense?
6633
6634
66355 A. I was counterintelligence.
6636
6637
66386 Q. And more specifically, what did you
6639
6640
66417 purportedly do for the department of defense?
6642
6643
66448 A. Digital counterintelligence.
6645
6646
66479 Q. I have no idea what that means, so maybe
6648
6649
665010 you could give me an example or two.
6651
6652
665311 A. I found, reported, thwarted several
6654
6655
665612 terror attacks. I found the threats on line,
6657
6658
665913 reported them, and thwarted terror attacks.
6660
6661
666214 Q. And how is it that you are skilled enough
6663
666415 to locate a potential terror attack on line? How
6665
6666
666716 does one go about doing that?
6668
6669
667017 A. I'm good at analyzing images.
6671
6672
667318 Q. Explain to me how you thwarted your first
6674
6675
667619 terror attack.
6677
6678
667920 A. The first one. The first one was -- the
6680
6681
668221 threat was blood in -- what's the word -- Levant
6683
6684
668522 Square.
6686
6687
668823 Q. And this was a Tweet or --
6689
6690
669124 A. No, it's not. It's in a messenger that
6692
6693
669425 was infiltrated.
6695
669687
6697
6698
6699
6700
67011 Q. You infiltrated a messenger and
6702
6703
67042 uncovered --
6705
6706
67073 A. Yes, I infiltrated their group in a
6708
6709
67104 messenger app.
6711
6712
67135 Q. You infiltrated a terrorist group and
6714
6715
67166 accessed their messenger information.
6717
6718
67197 A. No. In an encrypted messenger app I
6720
6721
67228 infiltrated their group. It's really not that
6723
6724
67259 hard to do. You just join their group.
6726
6727
672810 Q. Using your real name, Lu Esposito.
6729
6730
673111 A. No, no. You create an error profile and
6732
6733
673412 you access their group.
6735
6736
673713 Q. What is an error profile?
6738
6739
674014 A. Errant.
6741
674215 Q. So you create a fake social media
6743
6744
674516 presence or account and use that?
6746
6747
674817 A. Well, it's a messenger app, so yes.
6749
6750
675118 Q. Well, neither I nor the jury are
6752
6753
675419 conversant in the technical details that you think
6755
6756
675720 are apparently so obvious, so I just wanted to
6758
6759
676021 know what it is you're referring to.
6761
6762
676322 A. Yeah, obviously. I understand.
6764
6765
676623 Q. And what is Ghost Cyber Intelligence?
6767
6768
676924 A. That was my company, registered here.
6770
6771
677225 Q. You co-owned it with a woman named,
6773
677488
6775
6776
6777
6778
67791 purportedly named Candice Lanier; is that correct?
6780
6781
67822 A. That's not actually her real name.
6783
6784
67853 Q. Okay. But a person who sometimes goes by
6786
6787
67884 the name Candice Lanier.
6789
6790
67915 A. Yes, correct.
6792
6793
67946 Q. And the relationship you had with the
6795
6796
67977 department of defense was through Ghost Cyber
6798
6799
68008 Intelligence?
6801
6802
68039 A. Yes.
6804
6805
680610 Q. You no longer -- Ghost Cyber Intelligence
6807
6808
680911 no longer has a department of defense contract?
6810
6811
681212 A. I have no idea what their contract is. I
6813
6814
681513 signed my part of that over to Candice May, June.
6816
6817
681814 Q. Of 2017?
6819
682015 A. Uh-huh, something like that.
6821
6822
682316 Q. And why is it that you ended your
6824
6825
682617 relationship with Candice?
6827
6828
682918 A. There were quite a few reasons. One
6830
6831
683219 reason is that all of this was going to get her
6833
6834
683520 sucked up into what's going on with me. Some of
6836
6837
683821 it was I just couldn't handle some of the
6839
6840
684122 craziness that was going on. I mean, there are
6842
6843
684423 many reasons. I'm not alleging that that had
6845
6846
684724 anything to do with this.
6848
6849
685025 Q. Well, I understand. I just think that
6851
685289
6853
6854
6855
6856
68571 the jury might find it interesting to know that
6858
6859
68602 someone who's involved in a, quote, unquote,
6861
6862
68633 Twitter war happens to be a cyber security
6864
6865
68664 consultant with apparent great deal of expertise
6867
6868
68695 in creating fake social media accounts and
6870
6871
68726 infiltrating terrorist organizations.
6873
6874
68757 MR. LOTT: I'll object to the form of
6876
6877
68788 whatever that question was, if it was a question.
6879
6880
68819 BY MR DAVIS:
6882
6883
688410 Q. Well, that was just prelude to ask you
6885
6886
688711 this question, which I think the jury would
6888
6889
689012 presumably want to know: You have plenty of
6891
6892
689313 experience creating fake Twitter accounts, don't
6894
6895
689614 you?
6897
689815 A. No, I wouldn't say plenty.
6899
6900
690116 Q. Some experience.
6902
6903
690417 A. I learned to do it sometime -- I learned
6905
6906
690718 to do it at some point after I started doing -- my
6908
6909
691019 expertise was not in creating fake Twitter
6911
6912
691320 accounts.
6914
6915
691621 Q. My question was: You have plenty of
6917
6918
691922 experience in creating fake Twitter accounts, and
6920
6921
692223 you said, "I wouldn't say plenty." So let me
6923
6924
692524 rephrase my question.
6926
6927
692825 You have experience creating fake Twitter
6929
693090
6931
6932
6933
6934
69351 accounts, don't you?
6936
6937
69382 A. Recently, yes.
6939
6940
69413 Q. And by recently, you mean what period of
6942
6943
69444 time?
6945
6946
69475 A. After August 2016.
6948
6949
69506 Q. And what is it that happened in or around
6951
6952
69537 August 2016 that led you to acquire this
6954
6955
69568 experience?
6957
6958
69599 A. The work that I was doing in
6960
6961
696210 cyberintelligence.
6963
6964
696511 Q. So you got a department of defense
6966
6967
696812 contract and then learned how to create fake
6969
6970
697113 Twitter accounts? Seems like it should work the
6972
6973
697414 other way around.
6975
697615 A. My expertise was not in Twitter accounts.
6977
6978
697916 My expertise was in analysis. No one -- can I
6980
6981
698217 explain this to him?
6983
6984
698518 If someone says to you blood in Levant
6986
6987
698819 Square, how would you pinpoint that?
6989
6990
699120 Q. Well, fortunately I'm not here to answer
6992
6993
699421 your questions. So --
6995
6996
699722 A. I'm just trying to explain to you that --
6998
6999
700023 well, okay. No, go ahead.
7001
7002
700324 Q. So you think you were able to acquire a
7004
7005
700625 contract with the department of defense because
7007
700891
7009
7010
7011
7012
70131 you somehow have expertise in analyzing internet
7014
7015
70162 content?
7017
7018
70193 A. You know, actually I think I can make
7020
7021
70224 this very simple for you. It wasn't me that
7023
7024
70255 obtained the contract, it was Candice.
7026
7027
70286 Q. Okay. And how is it that you became
7029
7030
70317 involved in a business relationship with Candice?
7032
7033
70348 A. Candice recognized my expertise.
7035
7036
70379 Q. In analyzing internet content?
7038
7039
704010 A. As far as I know. That's what she said.
7041
7042
704311 Q. How is it that you acquired that
7044
7045
704612 expertise?
7047
7048
704913 A. I majored in international relations, and
7050
7051
705214 much of my concentration was in terrorism,
7053
705415 counterterrorism, nuclear proliferation, those
7055
7056
705716 kind of things.
7058
7059
706017 Q. Isn't it true that Ms. Scott accused
7061
7062
706318 someone using the Twitter handle Ghost of causing
7064
7065
706619 Sean Dawson to commit suicide?
7067
7068
706920 A. Yes.
7070
7071
707221 Q. So when Ms. Scott sent out a tweet that
7073
7074
707522 says you @belle_river used a fake account to
7076
7077
707823 threaten an attempted suicide victim, that would
7079
7080
708124 only be defamatory if you were Ghost, correct?
7082
7083
708425 A. No, it's defamatory because she's
7085
708692
7087
7088
7089
7090
70911 directing it at me, belle_river, regardless of who
7092
7093
70942 I am, she's telling me that I used a fake account
7095
7096
70973 to cause someone -- so no, she's directing that at
7098
7099
71004 me. And at that time that account had my real
7101
7102
71035 name on it.
7104
7105
71066 Q. @belle_river had your name on it?
7107
7108
71097 A. Yes. So it's defamatory regardless of
7110
7111
71128 who she thinks I am, because she's saying that
7113
7114
71159 that's me.
7116
7117
711810 Q. Going back to Exhibit 20, there's a Tweet
7119
7120
712111 from Ms. Scott that says, quote, Garner Police are
7122
7123
712412 investigating your false claims to the judge that
7125
7126
712713 I made a false PD report, do you see that?
7128
7129
713014 A. Yes.
7131
713215 Q. And you allege that's defamatory,
7133
7134
713516 correct?
7136
7137
713817 A. I never made a false report to the
7139
7140
714118 police. I never claimed that she made a false
7142
7143
714419 police report. What I said was that she was
7145
7146
714720 reporting me to the police for doing things that I
7148
7149
715021 wasn't doing; that it wasn't true.
7151
7152
715322 Q. All right. So I want to make sure. You
7154
7155
715623 said Ms. Scott was telling the Garner, North
7157
7158
715924 Carolina police you were doing things you, in
7160
7161
716225 fact, were not doing, correct?
7163
716493
7165
7166
7167
7168
71691 A. Yes. Which is what she was doing. She
7170
7171
71722 was telling them that I was harassing her
7173
7174
71753 daughter.
7176
7177
71784 Q. And do you know if, in fact, the Garner
7179
7180
71815 Police were investigating Ms. Scott's allegations?
7182
7183
71846 A. No, I never said they were investigating
7185
7186
71877 her allegations.
7188
7189
71908 Q. Right. Ms. Scott's Tweet says that the
7191
7192
71939 Garner Police were investigating. Do you know
7194
7195
719610 whether that statement's true or false?
7197
7198
719911 A. No, I don't know if it's true or false.
7200
7201
720212 Q. There is a screen shot of what appears to
7203
7204
720513 be a phone that looks like it has a Twitter direct
7206
7207
720814 message from @belle_river, do you see that?
7209
721015 A. Uh-huh.
7211
7212
721316 Q. Yes?
7214
7215
721617 A. Yes.
7217
7218
721918 Q. Okay. And is that screen shot an
7220
7221
722219 accurate depiction of some direct messages that
7223
7224
722520 you sent?
7226
7227
722821 A. Yes.
7229
7230
723122 Q. Okay. To who?
7232
7233
723423 A. They were -- those were to someone within
7235
7236
723724 Red Nation Rising.
7238
7239
724025 Q. Who?
7241
724294
7243
7244
7245
7246
72471 A. Jared Day, I believe.
7248
7249
72502 Q. The first sentence says, quote, They
7251
7252
72533 called BBT and accused Harry of a federal banking
7254
7255
72564 crime that could very well get me fired. Do you
7257
7258
72595 see that?
7260
7261
72626 A. Yes.
7263
7264
72657 Q. Fired from what job?
7266
7267
72688 A. In this instance, I meant him. I said
7269
7270
72719 me.
7272
7273
727410 Q. So it's a typo?
7275
7276
727711 A. Yes. That's a typo.
7278
7279
728012 Q. You're currently divorced from Harry
7281
7282
728313 Esposito, correct?
7284
7285
728614 A. Yes.
7287
728815 Q. When was y'all's divorce finalized?
7289
7290
729116 A. The divorce was final I think March 2017.
7292
7293
729417 MR. DAVIS: Okay. I think I'm done with
7295
7296
729718 that document, so lunch break? Does that work for
7298
7299
730019 everybody? Okay.
7301
7302
730320 MR. LOTT: That's fine.
7304
7305
730621 (Recess 12:11 p.m.-12:54 p.m.)
7307
7308
730922 BY MR. DAVIS:
7310
7311
731223 Q. We're back on the record after lunch.
7313
7314
731524 Ms. Esposito, you said you had the name of John
7316
7317
731825 Doe we referred to earlier.
7319
732095
7321
7322
7323
7324
73251 A. I do. Just give me a second. It is Matt
7326
7327
73282 Lynch from Ohio 14th District, U.S. House.
7329
7330
73313 Q. Then you have contact information for
7332
7333
73344 Mr. Lynch?
7335
7336
73375 A. 4 Tier. John LaRosa.
7338
7339
73406 Q. I can reach Mr. Lynch through John
7341
7342
73437 LaRosa?
7344
7345
73468 A. No, it was another of their campaigns.
7347
7348
73499 We would have contracted through 4 Tier.
7350
7351
735210 Q. Okay. So do you have contact information
7353
7354
735511 for Matt Lynch, a phone number, email address?
7356
7357
735812 A. No. We would have been working through
7359
7360
736113 John LaRosa.
7362
7363
736414 Q. Before we left we were looking at what's
7365
736615 been marked Exhibit 20, and in Exhibit 20 there's
7367
7368
736916 a screen shot of a direct message Twitter
7370
7371
737217 conversation between you and Jared Day. See what
7373
7374
737518 I'm referring to?
7376
7377
737819 A. Yes.
7379
7380
738120 (Defendant's Exhibit 21 marked)
7382
7383
738421 BY MR. DAVIS:
7385
7386
738722 Q. I'm going to show you what's been marked
7388
7389
739023 as Exhibit 21. Can you tell me if that is part of
7391
7392
739324 the same conversation message with Mr. Day.
7394
7395
739625 A. It appears to be, but I don't recall this
7397
739896
7399
7400
7401
7402
74031 screen shot being part of it, so . . .
7404
7405
74062 Q. The screen shot you're referring to shows
7407
7408
74093 that John LaRosa made a contribution to Buzz
7410
7411
74124 Strategies, correct?
7413
7414
74155 A. No.
7416
7417
74186 Q. That's not what that screen shot shows?
7419
7420
74217 A. No.
7422
7423
74248 Q. What do you think that screen shot shows?
7425
7426
74279 A. That is a test donation through the
7428
7429
743010 tracking link for the campaign for J.D. Winteregg.
7431
7432
743311 Q. So 4 Tier Strategies did not actually
7434
7435
743612 donate money to J.D. Winteregg or for J.D.
7437
7438
743913 Winteregg for Buzz Strategies, they simply tested
7440
7441
744214 the link to make contributions --
7443
744415 A. It's a test donation, yes. That's my
7445
7446
744716 understanding of what that was, and I remember
7448
7449
745017 doing that with John, doing the test.
7451
7452
745318 Q. Do you have any documents that would
7454
7455
745619 substantiate what you've just testified to?
7457
7458
745920 A. I may have an email, I'm not sure. I
7460
7461
746221 don't remember seeing one, but I would -- I'll
7463
7464
746522 look.
7466
7467
746823 Q. Does Buzz Strategies have records of
7469
7470
747124 funds that were contributed?
7472
7473
747425 A. No, that would have been tracked
7475
747697
7477
7478
7479
7480
74811 through --
7482
7483
74842 Q. 4 Tier.
7485
7486
74873 A. (Nods head affirmatively.)
7488
7489
74904 Q. Did BB&T set up the accounts that 4 Tier
7491
7492
74935 was utilizing, or do you know?
7494
7495
74966 A. Not the --
7497
7498
74997 Q. I don't know is a perfectly acceptable
7500
7501
75028 answer.
7503
7504
75059 A. Not to my knowledge or with my
7506
7507
750810 involvement was -- or to my knowledge at the time
7509
7510
751111 was BB&T involved in any way. Are they the bank
7512
7513
751412 that John LaRosa uses? I have no clue.
7515
7516
751713 Q. Okay. I'm going to show you what will be
7518
7519
752014 marked as Exhibit 22.
7521
752215 (Defendant's Exhibit 22 marked)
7523
7524
752516 BY MR. DAVIS:
7526
7527
752817 Q. Exhibit 22 is part of a Twitter archive
7529
7530
753118 that ends in 3YvhK. Is that the same Twitter
7532
7533
753419 archive you were referring to in your
7535
7536
753720 interrogatory responses labeled Exhibit 13? And
7538
7539
754021 I'm looking at page 7.
7541
7542
754322 A. Yes.
7544
7545
754623 Q. Exhibit 22 has a date of April 4th, 2016.
7547
7548
754924 Do you understand that to be the date this post
7550
7551
755225 was put on line?
7553
755498
7555
7556
7557
7558
75591 A. I would assume. I would have no way of
7560
7561
75622 knowing if that was the first time it was posted.
7563
7564
75653 Q. But just so we're clear, you're the one
7566
7567
75684 that created this archive, correct?
7569
7570
75715 A. I would -- I don't know that for sure
7572
7573
75746 either.
7575
7576
75777 Q. Explain to the layperson what the
7578
7579
75808 function of this archiving is. Is it to preserve
7581
7582
75839 web content?
7584
7585
758610 A. Yes.
7587
7588
758911 Q. Okay. So if this is a -- Exhibit 22 is
7590
7591
759212 an accurate archive of this article or blog post
7593
7594
759513 or whatever it is, presumably it bears the date
7596
7597
759814 that would have been on the webpage when it was
7599
760015 first put on the internet, correct?
7601
7602
760316 A. You said first put on the internet.
7604
7605
760617 That's -- that's not confirmed by the date that it
7607
7608
760918 was posted. This could have been a second post or
7610
7611
761219 a third post.
7613
7614
761520 Q. But presumably this was posted at least
7616
7617
761821 on April 4th, 2016, correct?
7619
7620
762122 A. This specific instance of it, yes.
7622
7623
762423 Q. I understand what you're saying.
7625
7626
762724 I want to show you what we'll mark as
7628
7629
763025 Exhibit 23.
7631
763299
7633
7634
7635
7636
76371 (Defendant's Exhibit 23 marked)
7638
7639
76402 BY MR DAVIS:
7641
7642
76433 Q. Exhibit 23 is a Twitter archive ending in
7644
7645
76464 zh5JE. Is that the same archive that you're
7647
7648
76495 referring to on page 8 of Exhibit 13?
7650
7651
76526 A. Yes, it appears to be.
7653
7654
76557 Q. In the upper right-hand corner there's an
7656
7657
76588 April 8th, 2016 date. Do you see that?
7659
7660
76619 A. Yes.
7662
7663
766410 Q. Do you understand that to be the date
7665
7666
766711 when these Tweets were archived?
7668
7669
767012 A. That is the date the archive was printed,
7671
7672
767313 yes. That's a UTC date and time.
7674
7675
767614 Q. What does that mean?
7677
767815 A. It -- I forget what it stands for. But
7679
7680
768116 it's a -- I believe it's the date and time of
7682
7683
768417 the -- I'm drawing a blank on this too, the
7685
7686
768718 international -- when you cross over from
7688
7689
769019 yesterday to today. It's like Australia.
7691
7692
769320 Q. International dateline?
7694
7695
769621 A. Yes, thank you.
7697
7698
769922 Q. What does that have to do with UTC?
7700
7701
770223 A. I don't know. I mean, I can look it up.
7703
7704
770524 The UTC time is a standard set time and date
7706
7707
770825 somewhere. It's not the time and date on your
7709
7710100
7711
7712
7713
7714
77151 computer, it's not the, you know, Eastern time,
7716
7717
77182 it's some international time designation that I
7719
7720
77213 forget what it stands for.
7722
7723
77244 Q. I understand. If this archive of Tweets
7725
7726
77275 was created on April 8th, 2016 would you agree
7728
7729
77306 that all the Tweets that have been archived have
7731
7732
77337 to be on April 8th, 2016 or before?
7734
7735
77368 A. Yes, yeah, that's correct.
7737
7738
77399 Q. I'm going to show you what we've marked
7740
7741
774210 as Exhibit 24.
7743
7744
774511 (Defendant's Exhibit 24 marked)
7746
7747
774812 BY MR DAVIS:
7749
7750
775113 Q. Which for the record is an archive of
7752
7753
775414 Tweets ending in afx67. And is Exhibit 24 the
7755
775615 same internet archive you're referring to on page
7757
7758
775916 8 of Exhibit 13?
7760
7761
776217 A. It appears to be.
7763
7764
776518 Q. And it appears that Exhibit 24 was also
7766
7767
776819 archived April 8th, 2016, correct?
7769
7770
777120 A. Yes.
7772
7773
777421 Q. I'm going to show you what is marked
7775
7776
777722 Exhibit 25, which for the record is an archive of
7778
7779
778023 Tweets ending in nrSzB.
7781
7782
778324 (Defendant's Exhibit 25 marked)
7784
7785
778625 BY MR DAVIS:
7787
7788101
7789
7790
7791
7792
77931 Q. And is Exhibit 25 the same as the archive
7794
7795
77962 of Tweets you refer to on page 9 of Exhibit 13?
7797
7798
77993 A. It appears to be, yes.
7800
7801
78024 Q. Page 19, towards the bottom has a Tweet
7803
7804
78055 from someone named Diane B. You know who Diane B
7806
7807
78086 is, don't you?
7809
7810
78117 A. Yes.
7812
7813
78148 Q. Who is that person?
7815
7816
78179 A. Diane Beijer.
7818
7819
782010 Q. And Ms. Beijer sent out a Tweet on April
7821
7822
782311 6th, 2016 that says, quote, It must piss you off
7824
7825
782612 you're 0-3 so far with various PD's across the
7827
7828
782913 country including your own.
7830
7831
783214 Do you see that?
7833
783415 A. Yes.
7835
7836
783716 Q. Did you have communications with Diane
7838
7839
784017 Beijer about the complaints you had made to the
7841
7842
784318 Garner, North Carolina Police Department?
7844
7845
784619 A. Possibly at some point. Not in detail.
7847
7848
784920 I mean, possibly I did.
7850
7851
785221 Q. Do you recall whether you did or did not?
7853
7854
785522 A. I don't recall a specific conversation
7856
7857
785823 with her, no.
7859
7860
786124 Q. What about generally? Do you recall
7862
7863
786425 generally having conversations with Ms. Beijer
7865
7866102
7867
7868
7869
7870
78711 about the criminal complaint you had filed in
7872
7873
78742 Garner, North Carolina?
7875
7876
78773 A. No. I don't generally have -- no, but
7878
7879
78804 I'm not going to say that I didn't, because I
7881
7882
78835 probably did. But I don't recall anything
7884
7885
78866 specific, or really in general.
7887
7888
78897 Q. Exhibit 25 at the upper right-hand corner
7890
7891
78928 of the first page has an archiving date of April
7893
7894
78959 10th, 2016; is that correct?
7896
7897
789810 A. Uh-huh.
7899
7900
790111 Q. Yes?
7902
7903
790412 MR. LOTT: Yes.
7905
7906
790713 A. Yes, yes, sorry.
7908
7909
791014 BY MR DAVIS:
7911
791215 Q. No problem.
7913
7914
791516 (Defendant's Exhibit 26 marked)
7916
7917
791817 BY MR. DAVIS:
7919
7920
792118 Q. I'm going to show you a document marked
7922
7923
792419 Exhibit 26, which for the record is a Twitter
7925
7926
792720 archive ending in fD9QA. And is Exhibit 26 the
7928
7929
793021 same Twitter archive you referred to on page 10 of
7931
7932
793322 your interrogatory responses?
7934
7935
793623 A. It appears to be, yes.
7937
7938
793924 Q. On page 4 there's a Tweet towards the
7940
7941
794225 bottom from somebody named JD. It says, Hey All!
7943
7944103
7945
7946
7947
7948
79491 My stalker, #KathyScott, just won't leave me
7950
7951
79522 alone! Do you see that?
7953
7954
79553 A. Uh-huh.
7956
7957
79584 Q. And you see that he's Tweeted
7959
7960
79615 @GarnerPolice.
7962
7963
79646 A. Yes.
7965
7966
79677 Q. Do you know who JD is?
7968
7969
79708 A. Yes.
7971
7972
79739 Q. Who is he?
7974
7975
797610 A. One of the hosts on K98 Talk, former.
7977
7978
797911 Q. What's his name? I'm sorry, maybe you
7980
7981
798212 said that.
7983
7984
798513 A. What's his real name?
7986
7987
798814 Q. Yeah. Is JD just his initials, and he
7989
799015 goes by JD?
7991
7992
799316 A. Well, it's in the filings. It's Jason
7994
7995
799617 Dombrowski.
7997
7998
799918 Q. Okay.
8000
8001
800219 A. It's in the court documents over and
8003
8004
800520 over.
8006
8007
800821 Q. Do you know how it is that Mr. Dombrowski
8009
8010
801122 knew that the Garner, North Carolina police were
8012
8013
801423 investigating Ms. Scott?
8015
8016
801724 A. The Garner, North Carolina weren't --
8018
8019
802025 Garner was not investigating Ms. Scott. So JD did
8021
8022104
8023
8024
8025
8026
80271 not believe that they were.
8028
8029
80302 Q. Do you know why it is that JD
8031
8032
80333 put@GarnerPolice on this Tweet he's sent out to
8034
8035
80364 the world about Ms. Scott?
8037
8038
80395 A. I assume -- I mean, I didn't have any
8040
8041
80426 direct conversations with JD, but someone may have
8043
8044
80457 told them that I called the police. Someone may
8046
8047
80488 have told them that the police came to my house
8049
8050
80519 because Ms. Scott called them. I don't -- on this
8052
8053
805410 date I believe it could have been either one.
8055
8056
805711 Q. So just so I'm clear, is it your
8058
8059
806012 testimony that you never talked to Mr. Dombrowski
8061
8062
806313 about Ms. Scott?
8064
8065
806614 A. Oh, no, that's not my testimony at all.
8067
806815 Q. So you did talk to Mr. Dombrowski about
8069
8070
807116 Ms. Scott.
8072
8073
807417 A. Oh, I certainly have talked to
8075
8076
807718 Mr. Dombrowski about Ms. Scott.
8078
8079
808019 Q. What were the substance of those
8081
8082
808320 conversations?
8084
8085
808621 A. General -- the same thing that everyone
8087
8088
808922 else says to me, Why is she saying that about you?
8090
8091
809223 Why won't this woman leave you alone? Those kind
8093
8094
809524 of conversations.
8096
8097
809825 Q. And did you ever mention to
8099
8100105
8101
8102
8103
8104
81051 Mr. Dombrowski during these conversations that you
8106
8107
81082 had had some interactions with the Garner, North
8109
8110
81113 Carolina police involving Ms. Scott?
8112
8113
81144 A. I don't recall mentioning that to him
8115
8116
81175 directly, and I don't know that I did. I can't
8118
8119
81206 tell you for sure that I didn't.
8121
8122
81237 Q. In Exhibit 26 can you identify which
8124
8125
81268 statements in this document cost you money? So I
8127
8128
81299 understand you've alleged certain statements were
8130
8131
813210 false. But can you identify which statements you
8133
8134
813511 think are false cost you money.
8136
8137
813812 A. Doing that inside this document is out of
8139
8140
814113 context, or inside this blog would be out of
8142
8143
814414 context, because she would Tweet at this blog and
8145
814615 would tag clients or people that I worked with or
8147
8148
814916 that kind of thing, and that's how -- that's when
8150
8151
815217 it becomes a problem, and that's where I believe
8153
8154
815518 I've contested that it may have cost me money.
8156
8157
815819 I don't know for sure that that was done
8159
8160
816120 in this particular case, so --
8162
8163
816421 Q. Listen carefully to my question,
8165
8166
816722 Ms. Esposito. The statements in Exhibit 26, can
8168
8169
817023 you identify any that cost you money.
8171
8172
817324 A. She repeats the claim that I was fired.
8174
8175
817625 Q. And how did that cost you money?
8177
8178106
8179
8180
8181
8182
81831 A. Would you hire someone that you read this
8184
8185
81862 about?
8187
8188
81893 Q. So did you apply for a job and were not
8190
8191
81924 hired because Ms. Scott published to the world the
8193
8194
81955 fact that you'd been fired from Red Nation Rising?
8196
8197
81986 A. No, no.
8199
8200
82017 Q. Do you understand what the thrust of my
8202
8203
82048 questions are here?
8205
8206
82079 A. Yes.
8208
8209
821010 Q. So please identify statements in here
8211
8212
821311 that you contend actually damaged you financially,
8214
8215
821612 please.
8217
8218
821913 A. See, and that's a different question.
8220
8221
822214 Q. Well, I used financial damage as opposed
8223
822415 to cost you money. I understand them to be
8225
8226
822716 synonyms.
8228
8229
823017 A. So in the context of this blog alone
8231
8232
823318 where she is not contacting anyone directly, it's
8234
8235
823619 not possible to do, so I'll just say no, I can't
8237
8238
823920 identify.
8240
8241
824221 Q. I'm going to show you what we'll mark as
8243
8244
824522 Exhibit 27.
8246
8247
824823 (Defendant's Exhibit 27 marked)
8249
8250
825124 BY MR DAVIS:
8252
8253
825425 Q. Which for the record is an archive of
8255
8256107
8257
8258
8259
8260
82611 Tweets ending in yuKz7. And Exhibit 27 the
8262
8263
82642 archive of Tweets that you were referring to on
8265
8266
82673 page 11 of your interrogatory responses?
8268
8269
82704 A. It appears to be, yes.
8271
8272
82735 Q. Okay. Now, in your interrogatory
8274
8275
82766 responses you say that in this particular Tweet
8277
8278
82797 archive Ms. Scott alleged you were a Nazi. See
8280
8281
82828 that in your interrogatory responses?
8283
8284
82859 A. Yeah.
8286
8287
828810 Q. Can you identify in Exhibit 27 the Tweet
8289
8290
829111 or Tweets you're referring to.
8292
8293
829412 A. There's 45 pages here.
8295
8296
829713 Q. This is the manner in which you provided
8298
8299
830014 us the Tweets, so all I can do is give you what
8301
830215 you gave me.
8303
8304
830516 A. It's on page 23.
8306
8307
830817 Q. Uh-huh.
8309
8310
831118 A. She's sending a message to an account
8312
8313
831419 called CrowReturns1.
8315
8316
831720 Q. Right.
8318
8319
832021 A. Who is part of the Anonymous operation,
8321
8322
832322 Op KKK and Op Nazi Down. And this was the last
8324
8325
832623 Tweet, and the Tweets were prolific enough at this
8327
8328
832924 point that it's difficult to -- and this is before
8330
8331
833225 I learned to archive a thread -- so it's difficult
8333
8334108
8335
8336
8337
8338
83391 to capture the conversation. I believe that there
8340
8341
83422 are several Tweets that had been deleted by the
8343
8344
83453 time this archive was run. It may be necessary to
8346
8347
83484 pull additional archives and supplement the
8349
8350
83515 discovery on this one.
8352
8353
83546 Q. So I'm clear, you can't identify anywhere
8355
8356
83577 in Exhibit 27 where Ms. Scott alleges you're a
8358
8359
83608 Nazi.
8361
8362
83639 A. I know that this is the Tweet that is
8364
8365
836610 referencing that, but for this particular case it
8367
8368
836911 may be necessary to supplement the discovery on
8370
8371
837212 this, because it's difficult to see that happening
8373
8374
837513 just from her timeline.
8376
8377
837814 Q. Here's my question: In Exhibit 27 you
8379
838015 cannot identify a Tweet in which Ms. Scott alleges
8381
8382
838316 you're a Nazi.
8384
8385
838617 A. Yes. This is the Tweet where she's -- on
8387
8388
838918 page 23.
8390
8391
839219 Q. Page 23 she sends a Tweet to somebody
8393
8394
839520 named @CrowReturns1, right?
8396
8397
839821 A. Uh-huh. I'll send in her name.
8399
8400
840122 Q. Right. And you allege that @CrowReturns1
8402
8403
840423 is affiliated with Anonymous, correct?
8405
8406
840724 A. She is.
8408
8409
841025 Q. How is it you think you know that?
8411
8412109
8413
8414
8415
8416
84171 A. She's very vocal about it.
8418
8419
84202 Q. So you've seen Tweets from @CrowReturns1
8421
8422
84233 saying I'm a member of Anonymous?
8424
8425
84264 A. Yes.
8427
8428
84295 Q. What does that have to do with you being
8430
8431
84326 a Nazi?
8433
8434
84357 A. She's sending my name in to Op Nazi Down,
8436
8437
84388 which was Crow's operation that she was working
8439
8440
84419 on.
8442
8443
844410 Q. And nothing in Exhibit 27 says anything
8445
8446
844711 about Op KKK or Op Nazi, correct?
8448
8449
845012 A. Nope.
8451
8452
845313 Q. And do you think you have some Tweets
8454
8455
845614 that use those terms?
8457
845815 A. Yes, I do.
8459
8460
846116 Q. Okay. And why is it you think sending
8462
8463
846417 your name or Tweet about you to Op Nazi is the
8465
8466
846718 same thing as calling you a Nazi?
8468
8469
847019 A. Because in April of 2017, March and April
8471
8472
847320 of 2017, the reason that I filed this particular
8474
8475
847621 suit was because Crow and her friend began kind of
8477
8478
847922 a rampaging harassment campaign at the behest of
8480
8481
848223 Ms. Scott calling me a Nazi.
8483
8484
848524 Q. Okay. So Ms. Scott didn't call you a
8486
8487
848825 Nazi, but @CrowReturns1 called you a Nazi and you
8489
8490110
8491
8492
8493
8494
84951 think that means Ms. Scott called you a Nazi?
8496
8497
84982 A. That's not what I'm saying.
8499
8500
85013 Q. Okay. I'm just trying to be clear.
8502
8503
85044 Because, you know, we asked you in these
8505
8506
85075 interrogatories, tell us how Ms. Scott defamed
8508
8509
85106 you, and one of the things you said is Ms. Scott
8511
8512
85137 falsely alleged that you're a Nazi.
8514
8515
85168 A. I understand that you're telling me now
8517
8518
85199 that the exhibit that I provided you for this
8520
8521
852210 statement doesn't clearly show that.
8523
8524
852511 Q. Okay. So you think there's a different
8526
8527
852812 exhibit that may show --
8529
8530
853113 A. I do believe that there is, yes.
8532
8533
853414 Q. I want to ask you about page 21 in
8535
853615 Exhibit 27.
8537
8538
853916 A. Okay.
8540
8541
854217 Q. Towards the bottom there's a Tweet that
8543
8544
854518 says, quote, dozens of people and @Twitter has
8546
8547
854819 received hundreds of reports from all of us over a
8549
8550
855120 6 month period, period, close quote. Do you see
8552
8553
855421 that?
8555
8556
855722 A. Uh-huh.
8558
8559
856023 Q. And did you send that Tweet?
8561
8562
856324 A. Yes.
8564
8565
856625 Q. And who were the us you're referring to
8567
8568111
8569
8570
8571
8572
85731 there?
8574
8575
85762 A. I don't recall. I don't even know what
8577
8578
85793 the account is that I'm referring to.
8580
8581
85824 Q. Really?
8583
8584
85855 A. No, I --
8586
8587
85886 MR. LOTT: Object to the form of the
8589
8590
85917 question, but you can answer it if you have a
8592
8593
85948 response.
8595
8596
85979 BY MR DAVIS:
8598
8599
860010 Q. I mean, you provided us an archive of 45
8601
8602
860311 pages of Tweets with Ms. Scott, but when I showed
8604
8605
860612 you one Tweet you don't know what account you're
8607
8608
860913 talking about?
8610
8611
861214 A. You're showing me a screen shot of where
8613
861415 I Tweeted something about -- no, I don't know who
8615
8616
861716 the us is. I don't know the content -- I don't
8618
8619
862017 know what I'm referring to at all on April 11th,
8621
8622
862318 2016. I mean, if you can --
8624
8625
862619 Q. Well, besides -- let me ask you this:
8627
8628
862920 Besides Ms. Scott, who do you think you would have
8630
8631
863221 been Tweeting about that @Twitter and dozens of
8633
8634
863522 people had received hundreds of reports about?
8636
8637
863823 Are there other people you're in Twitter feuds
8639
8640
864124 with back in April of 2016?
8642
8643
864425 A. I don't have Twitter feuds, but I do
8645
8646112
8647
8648
8649
8650
86511 report other accounts. If I remember correctly --
8652
8653
86542 no, that might have been -- that was after. It's
8655
8656
86573 likely that I could have been talking about
8658
8659
86604 Ms. Scott, if that's what you're asking me. I
8661
8662
86635 could. And if it's the us that I'm talking about,
8664
8665
86666 if that's the us that you're asking me about, it's
8667
8668
86697 a long list of people.
8670
8671
86728 Q. Right.
8673
8674
86759 A. I would refer you to the archives.
8676
8677
867810 Q. No, who's the list? Who's us?
8679
8680
868111 A. The lawyer Mark Bennett from Texas.
8682
8683
868412 Q. Okay. Who else?
8685
8686
868713 A. The people that she's asking me about
8688
8689
869014 that I don't even know.
8691
869215 Q. All I'm asking you to do is to clarify
8693
8694
869516 who us was in this Tweet you sent. You've
8696
8697
869817 identified Mark Bennett. Who else?
8699
8700
870118 A. Other -- the people that you don't
8702
8703
870419 already know, the people that aren't listed, or do
8705
8706
870720 I have to actually go through your filings and
8708
8709
871021 name all of the people that you've already named
8711
8712
871322 in your filings?
8714
8715
871623 Q. Here's my question. Please give me the
8717
8718
871924 list of people you are referring to in the Tweets
8720
8721
872225 when you said "us."
8723
8724113
8725
8726
8727
8728
87291 A. I don't remember them all.
8730
8731
87322 Q. Well, Stacey Lennox was one, right?
8733
8734
87353 A. Sure, Stacey Lennox is one. Jason
8736
8737
87384 Dombrowski is one. Diane Beijer would certainly
8739
8740
87415 be one, considering she keeps posting a letter
8742
8743
87446 of -- to Prospect Mountain High.
8745
8746
87477 Q. And how is it you know about Ms. Scott's
8748
8749
87508 Twitter activity as it relates to Diane Beijer?
8751
8752
87539 A. I see it.
8754
8755
875610 Q. Is it directed at you, the Twitter
8757
8758
875911 activity?
8760
8761
876212 A. No.
8763
8764
876513 Q. How is it that you see it, then? You go
8766
8767
876814 hunt it down or Ms. Beijer provides it to you?
8769
877015 A. I have to archive her defamation of me,
8771
8772
877316 so I see what she -- did you see -- if you look
8774
8775
877617 through this archive -- I'm trying not to ask you
8777
8778
877918 a question -- if you look through these
8780
8781
878219 archives -- or actually it's a better way for me
8783
8784
878520 to do it. If you look through these archives that
8786
8787
878821 I provided as evidence of defamation of me, you
8789
8790
879122 will see all these other people. That's how I see
8792
8793
879423 that Twitter activity.
8795
8796
879724 So let's just use this first.
8798
8799
880025 Q. No, that answers my question.
8801
8802114
8803
8804
8805
8806
88071 MR. LOTT: She's entitled to finish it.
8808
8809
88102 THE WITNESS: I am.
8811
8812
88133 A. I'm going to name the people in her
8814
8815
88164 archive that I imagine probably reported her
8817
8818
88195 because of the things that she said in here.
8820
8821
88226 Teresa Cramer -- these are people that I can
8823
8824
88257 actually put a name to -- here's some guy named
8826
8827
88288 Joe that I don't know, but I imagine that he
8829
8830
88319 reported her. Grok, who she thinks is Tracy
8832
8833
883410 Glass, but she's wrong.
8835
8836
883711 Q. Who is it, then?
8838
8839
884012 A. I don't know.
8841
8842
884313 Q. You just know it's not Tracy Glass.
8844
8845
884614 A. I know -- I know he's male.
8847
884815 Q. How do you know that?
8849
8850
885116 A. Because he uses a picture of himself. He
8852
8853
885417 has a sworn affidavit from a lawyer that that is
8855
8856
885718 him in the picture. Mark Bennett, you might know,
8858
8859
886019 or might have heard of, because he's argued things
8861
8862
886320 before the Georgia Supreme Court, I understand.
8864
8865
886621 This is all Teresa Cramer. GrandTweets, I don't
8867
8868
886922 know her real name either, but she's another one
8870
8871
887223 of us, I suppose.
8873
8874
887524 Q. Just so I'm clear, when you use the word
8876
8877
887825 us on page 21 you're referring to all the people
8879
8880115
8881
8882
8883
8884
88851 you're listing now, including --
8886
8887
88882 A. All of the people who I've seen openly
8889
8890
88913 arguing or -- I'm trying not to use the word
8892
8893
88944 attacked, because that's a very negative and
8895
8896
88975 accusatory term, and I'm trying not to use it.
8898
8899
89006 But in altercations with your client that
8901
8902
89037 I'm certain or fairly certain would have reported
8904
8905
89068 her, because of those altercations.
8907
8908
89099 Q. All right. So when you're reading
8910
8911
891210 through Exhibit 27, do you have personal knowledge
8913
8914
891511 that anybody actually reported the Twitter, or
8916
8917
891812 you're just guessing?
8919
8920
892113 A. I'll let you know if I'm guessing.
8922
8923
892414 Q. Well, you don't know if Joe actually sent
8925
892615 a complaint to Twitter, do you? You just saw his
8927
8928
892916 name in 27.
8930
8931
893217 A. No, I don't know about Joe.
8933
8934
893518 Q. And the same for Grok, correct?
8936
8937
893819 A. I'm pretty sure I've seen Grok say openly
8939
8940
894120 that he's reported the account, yes.
8942
8943
894421 Q. And you know Stacey Lennox filed
8945
8946
894722 complaints with Twitter because you're her
8948
8949
895023 business partner and you've communicated
8951
8952
895324 extensively with her about Ms. Scott.
8954
8955
895625 A. See, neither Stacey nor I take time out
8957
8958116
8959
8960
8961
8962
89631 of our day to really report accounts that often.
8964
8965
89662 I don't think -- I don't know that Stacey ever
8967
8968
89693 reports accounts.
8970
8971
89724 Sam Janney reports accounts a lot, and
8973
8974
89755 she would be one of them.
8976
8977
89786 Q. All right. Anyone else you want to
8979
8980
89817 identify as falling under us?
8982
8983
89848 A. This AlexiBlue, I also don't know her
8985
8986
89879 real identity. I'm pretty certain that she's
8988
8989
899010 reported.
8991
8992
899311 Q. Why is that?
8994
8995
899612 A. Because I've seen her say it. I believe
8997
8998
899913 she actually posted at one time where she got an
9000
9001
900214 email back from Twitter saying that they were
9003
900415 taking action on one of them.
9005
9006
900716 And, I mean, obviously Diane Beijer would
9008
9009
901017 be included in that. I never recall Diane
9011
9012
901318 actually saying, I reported her. But I could have
9014
9015
901619 been talking about Ms. Scott, I could have been
9017
9018
901920 talking about Mark Cale, I could have been talking
9020
9021
902221 about Angie -- well, no, I wouldn't have been
9023
9024
902522 talking about Angie. She doesn't advertise. I
9026
9027
902823 could have been talking about Rushvie [phonetic].
9029
9030
903124 As a matter of fact, I Tweeted those
9032
9033
903425 exact same things about an individual that was a
9035
9036117
9037
9038
9039
9040
90411 rape advocate, who actually advocates that rape is
9042
9043
90442 natural. I Tweeted the exact same things about
9045
9046
90473 him and so did dozens of us, and we made hundreds
9048
9049
90504 of reports and he was an advertiser, and we were
9051
9052
90535 all very angry openly on timeline in public, not
9054
9055
90566 in private, that he wouldn't come down. So that
9057
9058
90597 could have been about her or it could have been
9060
9061
90628 about him.
9063
9064
90659 Q. You've alleged that Mark Cale also
9066
9067
906810 defamed you on line, correct?
9069
9070
907111 A. Yes.
9072
9073
907412 Q. What did Mark Cale say about you?
9075
9076
907713 A. Mark is very creative. I'm trying to
9078
9079
908014 think of something that's not too -- I don't mind
9081
908215 repeating in public.
9083
9084
908516 Mark said that I DDoS websites.
9086
9087
908817 Q. What else did Mark say?
9089
9090
909118 A. I'm under investigation by the FBI.
9092
9093
909419 Q. What else did Mark say?
9095
9096
909720 A. I'm going to jail.
9098
9099
910021 Q. What else did Mark say?
9101
9102
910322 A. That's all I can remember off the top of
9104
9105
910623 my head.
9107
9108
910924 Q. What was the timeframe in which Mr. Cale
9110
9111
911225 made these false allegations on line?
9113
9114118
9115
9116
9117
9118
91191 A. October to present. October 2015 to
9120
9121
91222 present.
9123
9124
91253 Q. And how is it that you can differentiate
9126
9127
91284 defamation for Ms. Scott as opposed to defamation
9129
9130
91315 for Mr. Cale when identifying lost business
9132
9133
91346 opportunities?
9135
9136
91377 A. I don't differentiate.
9138
9139
91408 Q. I'm going to show you what's -- well, let
9141
9142
91439 me ask you this: Assuming Ms. Scott actually
9144
9145
914610 called you a Nazi, even though we don't have a
9147
9148
914911 Tweet in front of us that says that, can you
9150
9151
915212 identify any financial harm that you suffered as a
9153
9154
915513 result?
9156
9157
915814 A. Nope.
9159
916015 Q. I'm going to show you what we've marked
9161
9162
916316 as Exhibit 28, which for the record is a Twitter
9164
9165
916617 archive ending in uGeOT.
9167
9168
916918 (Defendant's Exhibit 28 marked)
9170
9171
917219 BY MR. DAVIS:
9173
9174
917520 Q. And is Exhibit 28 a copy of the Twitter
9176
9177
917821 archive you were referring to on page 11 of your
9179
9180
918122 interrogatory responses?
9182
9183
918423 A. Yes, it seems to be.
9185
9186
918724 Q. And in the upper right-hand corner it
9188
9189
919025 would appear that Exhibit 28 was archived on April
9191
9192119
9193
9194
9195
9196
91971 8th, 2016, correct?
9198
9199
92002 A. Yes.
9201
9202
92033 Q. So all the Tweets in this archive would
9204
9205
92064 have been on or prior to April 8th, 2016, correct?
9207
9208
92095 A. Yes.
9210
9211
92126 Q. On page 2 of Exhibit 28 there's some
9213
9214
92157 references to the BB&T incident, do you see that?
9216
9217
92188 A. Yes.
9219
9220
92219 Q. Can you identify any financial harm or
9222
9223
922410 monetary loss you suffered as a result of these
9225
9226
922711 Tweets?
9228
9229
923012 A. Not specifically, no.
9231
9232
923313 Q. Can you identify any financial harm or
9234
9235
923614 monetary loss you suffered as a result of any of
9237
923815 the Tweets in Exhibit 28?
9239
9240
924116 A. Yes, there is a Tweet to J.D. Winteregg
9242
9243
924417 in this archive.
9245
9246
924718 Q. On page 14, I believe?
9248
9249
925019 A. Lu Esposito confirms that she is the
9251
9252
925320 person on the DMs exposing her to federal FEC
9254
9255
925621 investigation @jdwinteregg is tagged. That's a
9257
9258
925922 direct message to him.
9260
9261
926223 Q. Well --
9263
9264
926524 A. It's directed to him.
9266
9267
926825 Q. Page 14 of this exhibit is a Tweet from
9269
9270120
9271
9272
9273
9274
92751 Ms. Scott to @jdwinteregg that references your
9276
9277
92782 name and an SEC investigation, correct? It's not
9279
9280
92813 a direct message, just refers to direct messages.
9282
9283
92844 A. It's directed to him.
9285
9286
92875 Q. Right, it's a Tweet sent to
9288
9289
92906 Mr. Winteregg.
9291
9292
92937 A. Yes.
9294
9295
92968 Q. Okay. And it's your allegation that this
9297
9298
92999 Tweet caused the termination of Buzz Strategies's
9300
9301
930210 funding relationship with 4 Tier Strategy?
9303
9304
930511 A. No. It didn't cause -- it did not cause
9306
9307
930812 the termination. However, this is part of, you
9309
9310
931113 know, a continuing we still can't pick up where we
9312
9313
931414 left off. So this is the continued stoppage,
9315
931615 the -- as long as she did this, we could not do
9317
9318
931916 anything. We couldn't get involved with 4 Tier,
9320
9321
932217 we couldn't raise money for any candidate.
9323
9324
932518 Q. Why were you unable to raise money for
9326
9327
932819 any candidate as a result of this Tweet?
9329
9330
933120 A. Because we would end up on an SEC filing,
9332
9333
933421 she would find us, and she would just tag them.
9335
9336
933722 She was still tagging J.D. -- Jesus, was the
9338
9339
934023 primary over at this point? I mean, it's five
9341
9342
934324 months later and she's still tagging J.D.
9344
9345
934625 Q. Here's what I'm trying to get at.
9347
9348121
9349
9350
9351
9352
93531 Ms. Scott sent this Tweet in April 2016, it would
9354
9355
93562 appear.
9357
9358
93593 A. Yes.
9360
9361
93624 Q. And at that point you had already
9363
9364
93655 terminated your relationship with 4 Tier Strategy,
9366
9367
93686 correct?
9369
9370
93717 A. Yes.
9372
9373
93748 Q. So my original question was: Can you
9375
9376
93779 identify any Tweets in Exhibit 28 that cost you
9378
9379
938010 money. And it would appear this Tweet had nothing
9381
9382
938311 to do with the termination of your relationship
9384
9385
938612 with 4 Tier Strategy.
9387
9388
938913 A. I understand --
9390
9391
939214 MR. LOTT: Object to the form, but you
9393
939415 can answer.
9395
9396
939716 THE WITNESS: I wasn't going to answer.
9398
9399
940017 MR. LOTT: If you have an answer, you
9401
9402
940318 can --
9404
9405
940619 THE WITNESS: No, no answer.
9407
9408
940920 BY MR. DAVIS:
9410
9411
941221 Q. So I'm clear, can you identify any Tweets
9413
9414
941522 in Exhibit 28 that financially damaged you or cost
9416
9417
941823 you money?
9419
9420
942124 A. Lu Esposito confirms that she is the
9422
9423
942425 person on the DMs exposing her to federal SEC
9425
9426122
9427
9428
9429
9430
94311 investigations @jdwinteregg.
9432
9433
94342 Q. And now I want to make sure I understand
9435
9436
94373 is how it cost you money. It didn't cost Buzz
9438
9439
94404 Strategies any money as it related to
9441
9442
94435 J.D. Winteregg, because that fundraising campaign
9444
9445
94466 had already ended, correct?
9447
9448
94497 A. Uh-huh.
9450
9451
94528 Q. Yes?
9453
9454
94559 A. Yes.
9456
9457
945810 Q. But your contention is that this
9459
9460
946111 particular Tweet cost Buzz Strategies money as it
9462
9463
946412 relates to other candidates because Buzz
9465
9466
946713 Strategies decided not to go out and engage in
9468
9469
947014 fundraising activities for other candidates,
9471
947215 correct?
9473
9474
947516 A. Yes.
9476
9477
947817 (Defendant's Exhibit 29 marked)
9479
9480
948118 BY MR. DAVIS:
9482
9483
948419 Q. Okay. I'm going to show you what we'll
9485
9486
948720 mark as Exhibit 29, which for the record is a
9488
9489
949021 Twitter archive ending in Pj6, it appears to be an
9491
9492
949322 l and a T. And is Exhibit 29 the same Twitter
9494
9495
949623 archive you refer to on page 12 of your
9497
9498
949924 interrogatory responses?
9500
9501
950225 A. Yes, it appears.
9503
9504123
9505
9506
9507
9508
95091 Q. Can you identify any Tweets in Exhibit 29
9510
9511
95122 that cost you money or harmed you financially?
9513
9514
95153 A. Yeah, I think this is where I -- no,
9516
9517
95184 because there are screen shots that were posted on
9519
9520
95215 this archive that are not showing up in this
9522
9523
95246 printout, so I can't -- they can't be identified.
9525
9526
95277 Q. So what content was posted on line that
9528
9529
95308 should appear in this archive that you think cost
9531
9532
95339 you money or harmed you financially?
9534
9535
953610 A. Oh, no finance -- I can't directly
9537
9538
953911 connect them to financial harm.
9540
9541
954212 Q. And what content do you think was deleted
9543
9544
954513 or is missing?
9546
9547
954814 A. The missing Tweets from the other archive
9549
955015 that we were talking about earlier.
9551
9552
955316 Q. Just so I'm clear, what Tweets are those?
9554
9555
955617 The Nazi Tweets?
9557
9558
955918 A. The other parts of the conversation
9560
9561
956219 regarding the Nazi Tweets, yes. There was more of
9563
9564
956520 the conversation there in screen shots, but --
9566
9567
956821 Q. And all I'm trying to do is to make sure
9569
9570
957122 I understand what Tweets you're referring to. So
9572
9573
957423 you think there were Tweets from Ms. Scott calling
9575
9576
957724 you a Nazi, or what?
9578
9579
958025 A. The context of the conversation, yes,
9581
9582124
9583
9584
9585
9586
95871 when she's saying she's going to send in my name.
9588
9589
95902 There's more of that conversation on that
9591
9592
95933 timeline, but it's not showing up here.
9594
9595
95964 Q. Can you identify with any greater
9597
9598
95995 specificity what that conversation was?
9600
9601
96026 A. Not from this. It's not showing up.
9603
9604
96057 Q. What about from your recollection or
9606
9607
96088 other documents?
9609
9610
96119 A. Yes, there's a back and forth with the
9612
9613
961410 representative of Op Nazi Down about what a vile,
9615
9616
961711 vicious creature I was.
9618
9619
962012 Q. Right. So there are conversations or
9621
9622
962313 communications from Ms. Scott to a Twitter account
9624
9625
962614 called autopsy Nazi?
9627
962815 A. I don't remember if that one -- I
9629
9630
963116 remember that one coming into our conversation
9632
9633
963417 several times, but I don't think it was in that
9635
9636
963718 particular conversation. No, not in that
9638
9639
964019 particular conversation. It was a different
9641
9642
964320 account, the Crow Returns account.
9644
9645
964621 Q. So you think there are Tweets from
9647
9648
964922 Ms. Scott to the @CrowReturns1 Twitter account
9650
9651
965223 that referenced Operation Nazi.
9653
9654
965524 A. Yes.
9656
9657
965825 Q. And you think Ms. Scott was calling you a
9659
9660125
9661
9662
9663
9664
96651 Nazi because both your name and #OpNazi appeared
9666
9667
96682 in the same Tweet?
9669
9670
96713 A. It was a little more than that.
9672
9673
96744 Q. Help me understand.
9675
9676
96775 A. As I said before, there was a
9678
9679
96806 conversation back and forth about how I needed to
9681
9682
96837 be reported to Op Nazi Down.
9684
9685
96868 Q. And do you know if you were?
9687
9688
96899 A. I didn't work the op, so no.
9690
9691
969210 Q. That's fine, I'm just asking.
9693
9694
969511 A. No.
9696
9697
969812 Q. I have no idea if you did or not.
9699
9700
970113 A. No. I wasn't involved in that op.
9702
9703
970414 Q. And I think you testified to this
9705
970615 earlier, but to your knowledge @CrowReturns or
9707
9708
970916 other members of Anonymous were not successful
9710
9711
971217 hacking you; is that right?
9713
9714
971518 A. No, I said no member of Anonymous would
9716
9717
971819 do something like that, that I knew of, or that no
9719
9720
972120 one was interested in it, I believe is what I
9722
9723
972421 said.
9725
9726
972722 Q. But you were not hacked, correct?
9728
9729
973023 A. No, as far as I know no one's tried.
9731
9732
973324 Q. To your knowledge the Twitter account
9734
9735
973625 @MattStick [phonetic] is Mark Cale, correct?
9737
9738126
9739
9740
9741
9742
97431 A. Was.
9744
9745
97462 Q. That was.
9747
9748
97493 A. Was, it's not any longer.
9750
9751
97524 Q. I want to ask you about page 18 of
9753
9754
97555 Exhibit 29. Directly above the lovely graphic,
9756
9757
97586 you say, quote -- well, this is a Tweet from you,
9759
9760
97617 quote, Badass has me blocked, ellipses.
9762
9763
97648 That's from you, correct?
9765
9766
97679 A. Uh-huh.
9768
9769
977010 Q. Yes?
9771
9772
977311 A. Yes.
9774
9775
977612 Q. And Badass is Mr. Cale?
9777
9778
977913 A. Yes.
9780
9781
978214 Q. You were being sarcastic, correct?
9783
978415 A. Of course.
9785
9786
978716 Q. Why is it that this particular Tweet
9788
9789
979017 references #OpKKK?
9791
9792
979318 A. Because Mark Cale and Crow were, I guess
9794
9795
979619 from my perspective, teaming up to harass me,
9797
9798
979920 teaming up with Ms. Scott to just be generally
9800
9801
980221 ugly. I don't know that -- you know. That's
9803
9804
980522 pretty much, and Mark Cale is pretty racist, and
9806
9807
980823 Crow was Op KKK.
9809
9810
981124 Q. You know, maybe I'm just an idiot, but
9812
9813
981425 when you say Crow was Op KKK, what does that mean?
9815
9816127
9817
9818
9819
9820
98211 A. All I know is that she -- her account
9822
9823
98242 said -- her account was attached to the operation
9825
9826
98273 Op KKK. Op KKK is an Anonymous thing, and they go
9828
9829
98304 after members of the KKK. That's all I know.
9831
9832
98335 Q. So operation KKK as you understand it is
9834
9835
98366 some campaign where hackers expose members of the
9837
9838
98397 Ku Klux Klan.
9840
9841
98428 A. I don't know that any of them are
9843
9844
98459 hackers. I mean, you know, that -- that's
9846
9847
984810 accusing someone of criminal activity, you know.
9849
9850
985111 I'm not saying that. Many of these people are
9852
9853
985412 just activists. So, you know --
9855
9856
985713 Q. Let me be more precise.
9858
9859
986014 A. I don't know that they do anything
9861
986215 illegal.
9863
9864
986516 Q. How would you find out if somebody was a
9866
9867
986817 member of KKK just by accessing publicly available
9869
9870
987118 information? Do you have any idea?
9872
9873
987419 A. Just from their Facebook page. A lot of
9875
9876
987720 people are proud of it, I guess.
9878
9879
988021 Q. So the operation is to out somebody who's
9881
9882
988322 already outed themselves?
9884
9885
988623 A. Well, yeah. They do that, yeah.
9887
9888
988924 Q. That seems socially redeeming.
9890
9891
989225 A. But I'm not -- you know, they claim the
9893
9894128
9895
9896
9897
9898
98991 op. So Crow says she's Op KKK, I'm not going to
9900
9901
99022 turn around from -- and say that means that she's
9903
9904
99053 a hacker and she does things illegal.
9906
9907
99084 Q. I understand your point about that.
9909
9910
99115 So did Mr. Cale also send you Tweets or
9912
9913
99146 send Tweets linking you to Op KKK and/or Op Nazi?
9915
9916
99177 A. No, not that I know of. Not that I
9918
9919
99208 recall. I could be wrong, but not that I recall.
9921
9922
99239 Q. And the next page, page 19, can you
9924
9925
992610 explain what this Tweet means? The one that says,
9927
9928
992911 Notice an absence of political Tweets, ellipses.
9930
9931
993212 A. Yeah, I was tired of -- there's no
9933
9934
993513 ellipses there.
9936
9937
993814 Q. I'm not quoting the full Tweet. It's
9939
994015 just so the record reflects that I'm not quoting
9941
9942
994316 the full Tweet.
9944
9945
994617 A. Got you.
9947
9948
994918 Q. Is this a Tweet from you saying Anonymous
9950
9951
995219 should go after Mark Cale?
9953
9954
995520 A. No.
9956
9957
995821 Q. So what does the sentence, We need this
9959
9960
996122 guy, now, #Anonymous, close quote, mean?
9962
9963
996423 A. I was tired of politics.
9965
9966
996724 Q. When I'm tired of politics I turn off the
9968
9969
997025 TV. So why did you send this particular Tweet?
9971
9972129
9973
9974
9975
9976
99771 A. It didn't have anything to do with Mark
9978
9979
99802 Cale. This is a drawing that I did. There are
9981
9982
99833 other Tweets on my TL from time to time where I
9984
9985
99864 Tweet things that I draw.
9987
9988
99895 Q. Okay. Why is it that you hashtagged
9990
9991
99926 Anonymous on this Tweet?
9993
9994
99957 A. Because -- because of the mask in the
9996
9997
99988 drawing.
9999
10000
100019 Q. So the mask is supposed to be some symbol
10002
10003
1000410 for Anonymous, correct?
10005
10006
1000711 A. It is, yeah, it is. And anarchy. So
10008
10009
1001012 it's an anarchist Tweet, sorry, it is.
10011
10012
1001313 Q. So your testimony here today is you sent
10014
10015
1001614 this Tweet because you drew this picture; is that
10017
1001815 right?
10019
10020
1002116 A. Because I drew that picture and I was
10022
10023
1002417 feeling a little anarchist at the moment.
10025
10026
1002718 Q. Okay so you'd classify yourself
10028
10029
1003019 politically as an anarchist?
10031
10032
1003320 A. Somewhere between a libertarian and an
10034
10035
1003621 anarchist, yeah.
10037
10038
1003922 Q. How do you square that to resorting to
10040
10041
1004223 the legal system for a dispute resolution?
10043
10044
1004524 A. Well, that's why I'm somewhere in between
10046
10047
1004825 a libertarian and an anarchist.
10049
10050130
10051
10052
10053
10054
100551 (Defendant's Exhibit 30 marked)
10056
10057
100582 BY MR. DAVIS:
10059
10060
100613 Q. I'm going to show you what we've marked
10062
10063
100644 as Exhibit 30 which is, for the record, an archive
10065
10066
100675 of Tweets ending in MXLvO. And is Exhibit 30 the
10068
10069
100706 same internet archive that you refer to on page 12
10071
10072
100737 of your interrogatory responses?
10074
10075
100768 A. Uh-huh.
10077
10078
100799 Q. Yes?
10080
10081
1008210 MR. LOTT: Say yes.
10083
10084
1008511 A. Yeah, I'm looking. It appears to be,
10086
10087
1008812 yes.
10089
10090
1009113 BY MR. DAVIS:
10092
10093
1009414 Q. In your interrogatory responses you say
10095
1009615 that in this archive of Tweets Ms. Scott quote
10097
10098
1009916 claims Lu Anne Esposito is certifiably insane and
10100
10101
1010217 needs serious help; is that correct?
10103
10104
1010518 A. Yes.
10106
10107
1010819 Q. And is the Tweet that that is based on on
10109
10110
1011120 page 2 where Ms. Scott says, quote, she's
10112
10113
1011421 batshitcrazy, close quote?
10115
10116
1011722 A. That's -- I'm sure that's one of them.
10118
10119
1012023 The way that I stated it, I think that there's --
10121
10122
1012324 or the one that I see is you need therapy.
10124
10125
1012625 Q. On page 3?
10127
10128131
10129
10130
10131
10132
101331 A. Uh-huh.
10134
10135
101362 Q. Yes?
10137
10138
101393 A. Yes.
10140
10141
101424 Q. And how is it you know that -- if you go
10143
10144
101455 up, there's a Tweet that says LuLuBelle is
10146
10147
101486 certifiable. She needs serious help before she
10149
10150
101517 hurts someone. Do you see that Tweet?
10152
10153
101548 A. Yes.
10155
10156
101579 Q. And is it your position that that Tweet's
10158
10159
1016010 from Ms. Scott?
10161
10162
1016311 A. No.
10164
10165
1016612 Q. Do you know who it's from?
10167
10168
1016913 A. Only theories and speculation.
10170
10171
1017214 Q. So you don't know for sure who it's from.
10173
1017415 A. No.
10175
10176
1017716 Q. Can you identify any Tweets in Exhibit 30
10178
10179
1018017 that financially harm you or caused to loss money?
10181
10182
1018318 A. Since it's not -- to save time since it's
10184
10185
1018619 not specifically stated here, I'm going to assume
10187
10188
1018920 there's not a specific direct cause of loss of
10190
10191
1019221 work or, you know, financial damage here.
10193
10194
1019522 Q. All right. So just so the record's
10196
10197
1019823 clear, because you're pointing at stuff and that
10199
10200
1020124 won't show up on the transcript.
10202
10203
1020425 A. I'm sorry. Since there's no -- well, I
10205
10206132
10207
10208
10209
10210
102111 was losing the words. But to save time, again,
10212
10213
102142 I'll just say it better. Since it's not noted
10215
10216
102173 specifically that any such Tweet that would say
10218
10219
102204 that here in my interrogatory responses, I'm just
10221
10222
102235 going to save time and say that there's -- there's
10224
10225
102266 not a specific direct cause of financial damage in
10227
10228
102297 this exhibit, Exhibit 30.
10230
10231
102328 Q. So if I'm clear, if a specific Tweet cost
10233
10234
102359 you money or caused you monetary damage, you
10236
10237
1023810 believe that would be noted in Exhibit 13?
10239
10240
1024111 A. I believe that there'd be specifically
10242
10243
1024412 noted, correct.
10245
10246
1024713 (Defendant's Exhibit 31 marked)
10248
10249
1025014 BY MR. DAVIS:
10251
1025215 Q. I'm going to show you what we've marked
10253
10254
1025516 as Exhibit 31, which, for the record, is an
10256
10257
1025817 archive of Tweets ending in OllJc, and
10259
10260
1026118 Ms. Esposito, is Exhibit 31 the same internet
10262
10263
1026419 archive -- excuse me, Twitter archive you were
10265
10266
1026720 referring to on page 13 of Exhibit 13?
10268
10269
1027021 A. I turned too many pages, I think.
10271
10272
1027322 Q. It's next to May 16th, 2016.
10274
10275
1027623 A. Yes, it appears to be.
10277
10278
1027924 Q. Okay. And can you identify any Tweets in
10280
10281
1028225 Exhibit 31 that caused you monetary harm or
10283
10284133
10285
10286
10287
10288
102891 financial damage?
10290
10291
102922 A. I don't believe there are any specific
10293
10294
102953 direct causes of financial damage in this exhibit.
10296
10297
102984 Q. Okay.
10299
10300
103015 (Defendant's Exhibit 32 marked)
10302
10303
103046 BY MR. DAVIS:
10305
10306
103077 Q. I'm going to show you a document we've
10308
10309
103108 marked as Exhibit 32 which is a Twitter archive
10311
10312
103139 ending in xCOQO. And is Exhibit 32 the same
10314
10315
1031610 Twitter archive you were referring to on page 13
10317
10318
1031911 of your interrogatory responses marked Exhibit 13?
10320
10321
1032212 A. They appear to be, yes.
10323
10324
1032513 Q. Can you identify any Tweets in Exhibit 32
10326
10327
1032814 that caused you monetary damage or financial harm.
10329
1033015 A. I don't believe there is a direct
10331
10332
1033316 specific -- well -- cause of financial damage.
10334
10335
1033617 Actually, let me check this one.
10337
10338
1033918 Q. So in your interrogatory responses you
10340
10341
1034219 said that this internet archive ending in xCOQO
10343
10344
1034520 contained two defamatory Tweets: one, you'd been
10346
10347
1034821 fired when you actually resigned, and two, you
10349
10350
1035122 were responsible for attempted suicide.
10352
10353
1035423 The first Tweet you're talking about
10355
10356
1035724 appears to be on page 35 of Exhibit 32.
10358
10359
1036025 A. Uh-huh.
10361
10362134
10363
10364
10365
10366
103671 Q. There's a Tweet that says RNR CEO fired
10368
10369
103702 her, do you see that?
10371
10372
103733 A. Yes.
10374
10375
103764 Q. And how did the allegation that you'd
10377
10378
103795 been fired as opposed to resigned from Red Nation
10380
10381
103826 Rising harm you financially or cause you monetary
10383
10384
103857 loss?
10386
10387
103888 A. I was about to say that there wasn't.
10389
10390
103919 I'm just check to make sure, because when I looked
10392
10393
1039410 at the first page there were several that I hadn't
10395
10396
1039711 noted at all.
10398
10399
1040012 Q. So just so I'm clear, you don't contend
10401
10402
1040313 that the false allegation you'd been fired from
10404
10405
1040614 Red Nation Rising caused you any financial harm,
10407
1040815 correct?
10409
10410
1041116 A. I don't -- no, I don't contend that that
10412
10413
1041417 particular statement was a cause of direct
10415
10416
1041718 financial damage.
10418
10419
1042019 Q. Okay. Well, then on page 10 of Exhibit
10421
10422
1042320 32 there's a quote that says, Lu Esposito and
10424
10425
1042621 group was responsible for one attempted suicide.
10427
10428
1042922 Do you see that?
10430
10431
1043223 A. Yes.
10433
10434
1043524 Q. And do you contend that that particular
10436
10437
1043825 Tweet caused you monetary loss or financial harm?
10439
10440135
10441
10442
10443
10444
104451 A. I do not contend that.
10446
10447
104482 Q. And then do you want to look through the
10449
10450
104513 rest of Exhibit 32?
10452
10453
104544 A. I did -- I do, yes, please.
10455
10456
104575 Q. Okay.
10458
10459
104606 A. Yes, that -- repeat what I said before
10461
10462
104637 about the other two. There's nothing additional
10464
10465
104668 in that.
10467
10468
104699 Q. So just so we're clear, you're saying
10470
10471
1047210 you've identified no specific Tweets in Exhibit 32
10473
10474
1047511 that caused you financial damage or monetary loss,
10476
10477
1047812 correct?
10479
10480
1048113 A. No specific direct financial damage.
10482
10483
1048414 Q. And when you say specific and direct, are
10485
1048615 you trying to make some contrast versus general
10487
10488
1048916 indirect?
10490
10491
1049217 A. Yeah.
10493
10494
1049518 Q. Okay. So explain that to me.
10496
10497
1049819 A. One of the -- one of the claims that I
10499
10500
1050120 made is about my Google search. When you pitch a
10502
10503
1050421 client or you put yourself out there in any way to
10505
10506
1050722 get a job, apply for a job, someone -- people
10508
10509
1051023 Google you all the time. When you Google me you
10511
10512
1051324 find mostly her stuff.
10514
10515
1051625 She's an SEO expert. I contend she did
10517
10518136
10519
10520
10521
10522
105231 that on purpose. That's what I mean.
10524
10525
105262 Q. Can you identify any contracts or
10527
10528
105293 business opportunities that you've lost because --
10530
10531
105324 A. Not direct or specific, but you don't --
10533
10534
105355 you don't know.
10536
10537
105386 Q. Okay. So just so I'm clear, you believe
10539
10540
105417 that you've lost money but you can't identify
10542
10543
105448 anything in particular, right?
10545
10546
105479 A. I can't yes or no that, because I'm not
10548
10549
1055010 sure that it's absolutely accurate. I'm only
10551
10552
1055311 explaining why I use the terminology direct and
10554
10555
1055612 specific.
10557
10558
1055913 Q. What I'm trying to get at is I want to
10560
10561
1056214 make sure I understand what amount of money you
10563
1056415 think Ms. Scott should have to pay you in
10565
10566
1056716 connection with this lawsuit. So can you identify
10568
10569
1057017 any specific business opportunity, contract,
10571
10572
1057318 client relationship, that has been lost because of
10574
10575
1057619 your Google results?
10577
10578
1057920 A. I have those -- oh, because specifically
10580
10581
1058221 of my Google results.
10583
10584
1058522 Q. Yes.
10586
10587
1058823 A. I'm -- yeah, probably -- I don't -- not
10589
10590
1059124 that I know of right off the top of my head. I
10592
10593
1059425 have had several people mention them to me, so --
10595
10596137
10597
10598
10599
10600
106011 but -- yeah. That's the answer.
10602
10603
106042 Q. Well, to make sure I understand what your
10605
10606
106073 answer is, you've had clients refer to your Google
10608
10609
106104 results; is that right?
10611
10612
106135 A. No, I didn't say clients.
10614
10615
106166 Q. Okay. You said people.
10617
10618
106197 A. I said people.
10620
10621
106228 Q. All right. And since I'm trying to
10623
10624
106259 figure out how you lost money, were those people
10626
10627
1062810 clients or potential customers or potential
10629
10630
1063111 business opportunities?
10632
10633
1063412 A. Well, that's a difficult question too,
10635
10636
1063713 because, I mean, in certain situations -- I'm not
10638
10639
1064014 a lawyer. So everyone is a potential client to
10641
1064215 me, or many, many people, most people are a
10643
10644
1064516 potential client to me. So, no, not specifically.
10646
10647
1064817 But it's -- you know, it's a difficult question to
10649
10650
1065118 answer.
10652
10653
1065419 Q. I'll try. The people that mention your
10655
10656
1065720 Google search results, were you in conversation
10658
10659
1066021 with any of them to form some kind of business
10661
10662
1066322 relationship?
10664
10665
1066623 A. They were personal conversations. And
10667
10668
1066924 they're is damage to at least one personal
10670
10671
1067225 relationship.
10673
10674138
10675
10676
10677
10678
106791 Q. And I understand that. All I'm trying to
10680
10681
106822 get at is financial or business relationships. So
10683
10684
106853 I understand everybody can be a potential
10686
10687
106884 customer. But did you have conversations with
10689
10690
106915 people who concretely could have developed into
10692
10693
106946 potential business relationship who said, I'm not
10695
10696
106977 going to engage Buzz Strategies because when I
10698
10699
107008 type Lu Esposito into Google a bunch of crazy
10701
10702
107039 stuff comes up?
10704
10705
1070610 A. No. But that is a very specific no to
10707
10708
1070911 the very, very specific question that you asked
10710
10711
1071212 me.
10713
10714
1071513 Q. You know, you sued Ms. Scott, okay. So
10716
10717
1071814 can you identify beyond what you've identified
10719
1072015 today lost business with any degree of
10721
10722
1072316 specificity?
10724
10725
1072617 A. No.
10727
10728
1072918 Q. Okay.
10730
10731
1073219 MR. DAVIS: Does anybody want to take a
10733
10734
1073520 break? It's been about an hour.
10736
10737
1073821 THE WITNESS: Yeah, that would be great.
10739
10740
1074122 (Recess 2:03 p.m.-2:26 p.m.)
10742
10743
1074423 BY MR. DAVIS:
10745
10746
1074724 Q. Ms. Esposito, when did you -- well, did
10748
10749
1075025 you resign from K98, or --
10751
10752139
10753
10754
10755
10756
107571 A. Eventually, yeah.
10758
10759
107602 Q. When was that?
10761
10762
107633 A. May 2016, possibly, somewhere around
10764
10765
107664 there.
10767
10768
107695 Q. And why did you end your relation --
10770
10771
107726 A. June.
10773
10774
107757 Q. Excuse me, May or June?
10776
10777
107788 A. Maybe.
10779
10780
107819 Q. Why did you end your relationship with
10782
10783
1078410 K98?
10785
10786
1078711 A. I just no longer had the time.
10788
10789
1079012 Q. That was about the time you started
10791
10792
1079313 working with Ms. Lanier?
10794
10795
1079614 A. Yes. Well, that was -- I started working
10797
1079815 with Ms. Lanier later than that, after. It was
10799
10800
1080116 before -- I believe -- I'm sorry, I don't know the
10802
10803
1080417 exact date.
10805
10806
1080718 Q. What was it that was happening in May or
10808
10809
1081019 June of 2016 that precluded you from having time
10811
10812
1081320 to devote to K98 Talk Radio activities?
10814
10815
1081621 A. A lot going on.
10817
10818
1081922 Q. Such as?
10820
10821
1082223 A. A divorce, a lot of -- you know, it's
10823
10824
1082524 like going on a diet, there's building -- I
10826
10827
1082825 believe I was working on Michael Loftus' website.
10829
10830140
10831
10832
10833
10834
108351 Q. Okay. You also had a relationship with a
10836
10837
108382 talk radio station called AltCon, is that right?
10839
10840
108413 A. Yes.
10842
10843
108444 Q. What was the nature of that relationship?
10845
10846
108475 A. AltCon and K98 called themselves sister
10848
10849
108506 stations. That just meant that some of the hosts
10851
10852
108537 would go back and forth, guest host, appear as
10854
10855
108568 guests, things like that.
10857
10858
108599 Q. So were you also the PIO for AltCon Radio
10860
10861
1086210 also?
10863
10864
1086511 A. No, not officially. I was not a host on
10866
10867
1086812 their platform either.
10869
10870
1087113 Q. So what was the nature of your
10872
10873
1087414 relationship with AltCon Radio?
10875
1087615 A. What I just said.
10877
10878
1087916 Q. I understood you to say that K98 and
10880
10881
1088217 AltCon exchanged hosts. What was your
10883
10884
1088518 relationship with AltCon Radio?
10886
10887
1088819 A. Occasional fill-in, occasional guest.
10889
10890
1089120 Q. And fill-in for who? The host?
10892
10893
1089421 A. Yes.
10895
10896
1089722 Q. And Diane Beijer was also a host on
10898
10899
1090023 AltCon Radio, correct?
10901
10902
1090324 A. Yes.
10904
10905
1090625 Q. Anyone else work at AltCon Radio that was
10907
10908141
10909
10910
10911
10912
109131 or is in a dispute with Ms. Scott, to your
10914
10915
109162 knowledge?
10917
10918
109193 A. Jodi Magera.
10920
10921
109224 Q. What is Mr. Lott's hourly rate, do you
10923
10924
109255 know? Your attorney's hourly rate, do you know?
10926
10927
109286 A. I think it might be $500. I think.
10929
10930
109317 Q. He wishes. It might be Mr. Levenson's
10932
10933
109348 hourly rate, does that sound right?
10935
10936
109379 A. George deserves it too, but yeah.
10938
10939
1094010 Q. And how much was your bill from
10941
10942
1094311 Levenson & Associates last month? You get
10944
10945
1094612 invoiced monthly, yes?
10947
10948
1094913 A. I think it was about 4500 to 5000 for the
10950
10951
1095214 month, something like that.
10953
1095415 Q. What's your total outlay in attorneys
10955
10956
1095716 fees on this case to date?
10958
10959
1096017 A. Close to 20,000.
10961
10962
1096318 Q. You -- earlier today used some terms to
10964
10965
1096619 describe what your job was, and I don't remember
10967
10968
1096920 exactly what they were, so I don't want to
10970
10971
1097221 misquote you. But to the best of my recollection
10973
10974
1097522 I thought you said you were a PR professional or
10976
10977
1097823 marketing analyst, something like that? Is that
10979
10980
1098124 how you would describe what your job is?
10982
10983
1098425 A. Marketing and public relations, yes.
10985
10986142
10987
10988
10989
10990
109911 Q. Marketing and public relations.
10992
10993
109942 A. Uh-huh.
10995
10996
109973 Q. And what in the field of marketing is it
10998
10999
110004 that you think you do? Like marketing analyst or
11001
11002
110035 marketer, or what? What's the job title?
11004
11005
110066 A. Digital analytics, web development,
11007
11008
110097 mostly.
11010
11011
110128 Q. Digital analytics and web development.
11013
11014
110159 A. Uh-huh. That's my end of it.
11016
11017
1101810 Q. And what about the public relations
11019
11020
1102111 field? What would you describe your position in
11022
11023
1102412 the public relations field to be?
11025
11026
1102713 A. Communication strategy and media
11028
11029
1103014 relations.
11031
1103215 Q. And was this how you would have also
11033
11034
1103516 described your jobs back in 2015 and 2016?
11036
11037
1103817 A. Yes.
11039
11040
1104118 Q. And, you know, what is it that someone
11042
11043
1104419 who works in digital analytics does? What does a
11045
11046
1104720 digital analyst do?
11048
11049
1105021 A. It's difficult to describe. I measure --
11051
11052
1105322 I track and measure the performance of a website,
11054
11055
1105623 of websites, analysis.
11057
11058
1105924 Q. What kind of qualifications are necessary
11060
11061
1106225 to be a digital analyst such as yourself?
11063
11064143
11065
11066
11067
11068
110691 A. Well, I have probably 15 years of
11070
11071
110722 experience in that field.
11073
11074
110753 Q. I'm not saying you're not qualified. I'm
11076
11077
110784 just trying to get a sense of what is it you think
11079
11080
110815 is a necessary requirements and/or qualification
11082
11083
110846 to be a digital analyst. I mean, it sounds like
11085
11086
110877 you would have to have some experience with
11088
11089
110908 computer software, is that fair?
11091
11092
110939 A. No, not for -- really for the analyst
11094
11095
1109610 side of it. You need to understand user
11097
11098
1109911 experience and digital advertising and things like
11100
11101
1110212 that.
11103
11104
1110513 Q. Okay. Is a character for truthfulness a
11106
11107
1110814 necessary requirement to be a digital analyst?
11109
1111015 A. That's more related to public relations.
11111
11112
1111316 Q. So is a character for truthfulness
11114
11115
1111617 necessary to be a digital analyst?
11117
11118
1111918 A. No.
11120
11121
1112219 Q. Is a character for truthfulness necessary
11123
11124
1112520 to be a web developer?
11126
11127
1112821 A. And, you know, really when you think
11129
11130
1113122 about it, that's wrong, because I think that
11132
11133
1113423 character is necessary for everything. But is it
11135
11136
1113724 in the core competency? Well, every job I ever
11138
11139
1114025 had it was in the core competencies for
11141
11142144
11143
11144
11145
11146
111471 everything.
11148
11149
111502 Q. So in your opinion in your testimony
11151
11152
111533 today is that a character for truthfulness is a
11154
11155
111564 requirement for every conceivable job.
11157
11158
111595 A. Yes.
11160
11161
111626 Q. I'm going to show you what's been marked
11163
11164
111657 as Exhibit 33 which for the record is a Twitter
11166
11167
111688 archive ending in je4FM.
11169
11170
111719 (Defendant's Exhibit 33 marked)
11172
11173
1117410 BY MR. DAVIS:
11175
11176
1117711 Q. And, Ms. Esposito, just a couple
11178
11179
1118012 questions about this document. Is Exhibit 33 the
11181
11182
1118313 same archive you're referring to on page 14 of
11184
11185
1118614 your interrogatory responses marked as Exhibit 13?
11187
1118815 It's June 23rd, 2016.
11189
11190
1119116 A. It appears to be, yes.
11192
11193
1119417 Q. And can you identify either specifically
11195
11196
1119718 or generally any monetary loss or financial damage
11198
11199
1120019 you suffered as a result of Ms. Scott's claim that
11201
11202
1120320 you lied to law enforcement in North Carolina?
11204
11205
1120621 A. Directly and specifically, no.
11207
11208
1120922 Q. And indirectly and generally, can you
11210
11211
1121223 identify any monetary loss or financial harm you
11213
11214
1121524 suffered as a result of Ms. Scott's allegation
11216
11217
1121825 that you lied to law enforcement in North
11219
11220145
11221
11222
11223
11224
112251 Carolina?
11226
11227
112282 A. At this time I cannot give you a specific
11229
11230
112313 incident or a general instance, no.
11232
11233
112344 Q. Do you have some reason to think that at
11235
11236
112375 some other point in time you'd be able to give me
11238
11239
112406 a general instance?
11241
11242
112437 A. There's a possibility, yeah.
11244
11245
112468 Q. Why is that?
11247
11248
112499 A. Because I've never looped back with all
11250
11251
1125210 of the people who may have considered us but not
11253
11254
1125511 hired us to ask them if this had anything to do
11256
11257
1125812 with it.
11259
11260
1126113 Q. So is it fair to say that both prior to
11262
11263
1126414 filing this law enforcement and through today
11265
1126615 you've never looped back to talk to putative
11267
11268
1126916 clients or customers to see if Ms. Scott's Tweets
11270
11271
1127217 affected their decision to enter into contracts or
11273
11274
1127518 agreements with you or Buzz Strategies?
11276
11277
1127819 MR. LOTT: Object to the form of the
11279
11280
1128120 question, but you can answer.
11282
11283
1128421 A. I can't answer that.
11285
11286
1128722 BY MR DAVIS:
11288
11289
1129023 Q. Why not?
11291
11292
1129324 A. I've told you of all of the conversations
11294
11295
1129625 that I've had with existing clients and all of the
11297
11298146
11299
11300
11301
11302
113031 problems that she caused with existing clients,
11304
11305
113062 former clients, business relationships that I
11307
11308
113093 continue to have going forward. I know how it
11310
11311
113124 affected them.
11313
11314
113155 No, I did not reach out to, you know,
11316
11317
113186 third parties. Stacey and I haven't had ongoing
11319
11320
113217 conversations about other people that might have
11322
11323
113248 been affected, and it's why that claim wasn't
11325
11326
113279 made, because the specific instances are there.
11328
11329
1133010 So the claims for -- it's why I didn't give you a
11331
11332
1133311 breakdown of other monies I believe maybe didn't
11334
11335
1133612 come because of Ms. Scott's actions. So you don't
11337
11338
1133913 see that claim made because I didn't do that.
11340
11341
1134214 Q. I hear what you're saying and I'm not
11343
1134415 trying to argue with you. Here's the reason why
11345
11346
1134716 I'm asking these followup questions. When I ask
11348
11349
1135017 you did you lose money you're very specifically
11351
11352
1135318 saying not directly or specifically. So I want to
11354
11355
1135619 make sure it's clear and there won't be some
11357
11358
1135920 confusion later that, Oh, well, generally I lost
11360
11361
1136221 some money. That's why I was asking these
11363
11364
1136522 followup questions.
11366
11367
1136823 So we're clear, when you allege that
11369
11370
1137124 Ms. Scott cost you money, you're referring to the
11372
11373
1137425 specific instances identified in your
11375
11376147
11377
11378
11379
11380
113811 interrogatory responses, which are Kelli Ward,
11382
11383
113842 Winteregg and Red Nation Rising, correct?
11385
11386
113873 A. Those are the specific monetary claims
11388
11389
113904 that I made, yes.
11391
11392
113935 Q. And you're not suing Ms. Scott for the
11394
11395
113966 general losses as opposed to the specific losses;
11397
11398
113997 is that right?
11400
11401
114028 A. If I understand you correctly, the -- I
11403
11404
114059 don't really -- I don't know exactly how to
11406
11407
1140810 describe it. If I understand what you're asking
11409
11410
1141111 me correctly, I'm not making a claim that there
11412
11413
1141412 is -- that she owes me money for losses that are
11415
11416
1141713 general and not specific.
11418
11419
1142014 Q. Okay. That helps me, thank you.
11421
1142215 (Defendant's Exhibit 34 marked)
11423
11424
1142516 BY MR. DAVIS:
11426
11427
1142817 Q. And I want to show you what's been marked
11429
11430
1143118 as Exhibit 34, which is an archive of something on
11432
11433
1143419 the internet that ends in Yix2c. And,
11435
11436
1143720 Ms. Esposito, is the document marked as Exhibit 34
11438
11439
1144021 the same internet archive you were referring to on
11441
11442
1144322 page 14 of your interrogatory responses marked as
11444
11445
1144623 Exhibit 13?
11447
11448
1144924 A. Yes.
11450
11451
1145225 Q. Okay. And can you identify anything in
11453
11454148
11455
11456
11457
11458
114591 Exhibit 34 that cost you money or resulted in
11460
11461
114622 financial loss or harm?
11463
11464
114653 A. Specifically I believe this particular
11466
11467
114684 article -- what was the date that this article was
11469
11470
114715 published?
11472
11473
114746 Q. I don't know. If you look at what would
11475
11476
114777 appear to be the publication date it just says
11478
11479
114808 today, and if you look at the archive date it says
11481
11482
114839 June 23rd, 2016. That's all I know.
11484
11485
1148610 A. Okay. I can't answer. So this article
11487
11488
1148911 was published in this location on June 23rd, 2016?
11490
11491
1149212 Q. Based on my reading and what you
11493
11494
1149513 testified to here today, that was the archive
11496
11497
1149814 date, right? The date in the upper right-hand
11499
1150015 corner is the archive date, not the publication
11501
11502
1150316 date.
11504
11505
1150617 A. Right.
11507
11508
1150918 Q. So it's not clear from the document when
11510
11511
1151219 this was published, correct?
11513
11514
1151520 A. No.
11516
11517
1151821 Q. But you think there's something in here
11519
11520
1152122 that may, in fact, have cost you money. You're
11522
11523
1152423 just not sure about the timeline; is that correct?
11525
11526
1152724 A. Yes, I'm -- I don't know that this
11528
11529
1153025 article was not Tweeted at a client that either it
11531
11532149
11533
11534
11535
11536
115371 may have specifically affected ongoing business
11538
11539
115402 relationships and at least kept one contract from
11541
11542
115433 happening. I'm not positive that it didn't affect
11544
11545
115464 something. So --
11547
11548
115495 Q. And what client are you referring to?
11550
11551
115526 A. I would be referring to 4 Tier
11553
11554
115557 Strategies. Those were the ones mostly that were
11556
11557
115588 affected, and there were two that we had hoped to
11559
11560
115619 pick back up, but because it was ongoing and it
11562
11563
1156410 continued happening we were never able to do that.
11565
11566
1156711 That's, you know, nothing I have
11568
11569
1157012 documentation for, other than, you know, just
11571
11572
1157313 conversations, you know, so it's just really hard
11574
11575
1157614 for me to say with no date on the article whether
11577
1157815 or not it was Tweeted and one of my clients might
11579
11580
1158116 have been tagged in it. So it might have had some
11582
11583
1158417 impact.
11585
11586
1158718 Q. When you say we were hoping to pick up
11588
11589
1159019 two other candidates or words or substance to that
11591
11592
1159320 effect, who were you talking about?
11594
11595
1159621 A. When we pulled the fundraising campaigns
11597
11598
1159922 down, we had hoped that there would be an end to
11600
11601
1160223 the activity and we would be able to pick those
11603
11604
1160524 back up. But I really have no documentation for
11606
11607
1160825 that, so -- but the continued nature of the, you
11609
11610150
11611
11612
11613
11614
116151 know, Tweeting our clients and tagging them
11616
11617
116182 through January, February, March, April,
11619
11620
116213 throughout the campaign cycle, we were never able
11622
11623
116244 to do that.
11625
11626
116275 Q. All right. So just so I'm clear, when
11628
11629
116306 Buzz Strategies pulled down its -- what, platform?
11631
11632
116337 Model?
11634
11635
116368 A. Model, yeah, I would say the business
11637
11638
116399 model.
11640
11641
1164210 Q. All right. So let me rephrase my
11643
11644
1164511 question.
11646
11647
1164812 When Buzz Strategies ended its prior
11649
11650
1165113 business model, you and Ms. Lennox were hoping
11652
11653
1165414 that Buzz Strategies would then subsequently be
11655
1165615 able to resurrect some new business model and
11657
11658
1165916 recreate some business relationships with 4 Tier
11660
11661
1166217 Strategies, correct?
11663
11664
1166518 A. No. When we ended -- when we initially
11666
11667
1166819 ended the fundraising campaigns we did not rework
11669
11670
1167120 the business model. We had hoped to be able to
11672
11673
1167421 pick those back up. Kelli Ward's primary was not
11675
11676
1167722 until August. We were never able to reinitiate it
11678
11679
1168023 because it was an ongoing thing.
11681
11682
1168324 Q. So did Buzz Strategies make an attempt to
11684
11685
1168625 reinitiate a business relationship with 4 Tier
11687
11688151
11689
11690
11691
11692
116931 Strategy?
11694
11695
116962 A. We did have a conversation at CPAC, which
11697
11698
116993 would have been March of 2016.
11700
11701
117024 Q. Who is we?
11703
11704
117055 A. Stacey, John, myself, and Brad.
11706
11707
117086 Q. Stacey, Stacey Lennox, correct?
11709
11710
117117 A. Uh-huh.
11712
11713
117148 Q. And John is John LaRosa?
11715
11716
117179 A. Uh-huh.
11718
11719
1172010 Q. And who is the other person?
11721
11722
1172311 A. Brad. He's a digital guy. John would be
11724
11725
1172612 your point person, but Brad was also there.
11727
11728
1172913 Q. All right. So what did you, Ms. Lennox,
11730
11731
1173214 Mr. LaRosa and Brad discuss at CPAC in March of
11733
1173415 2016?
11735
11736
1173716 A. Our desire to pick back up where they
11738
11739
1174017 left off.
11741
11742
1174318 Q. So you and/or Ms. Lennox conveyed to
11744
11745
1174619 Mr. LaRosa that Buzz Strategies wished to pick up
11747
11748
1174920 back up with 4 Tier Strategies, correct?
11750
11751
1175221 A. Right. We all wanted to do that. John
11753
11754
1175522 indicated to us that he was interested in it as
11756
11757
1175823 well.
11759
11760
1176124 Q. Okay. And what happened after that
11762
11763
1176425 conversation with respect to the relationship
11765
11766152
11767
11768
11769
11770
117711 between Buzz Strategies and 4 Tier Strategies?
11772
11773
117742 A. We remained friends and networked, and we
11775
11776
117773 work with some of the same clients, but they
11778
11779
117804 haven't contracted us directly for anything.
11781
11782
117835 Q. All right. So just so I'm clear, there's
11784
11785
117866 a meeting in March 2016 where everyone apparently
11787
11788
117897 says, Yeah, we'd like to pick back up where we
11790
11791
117928 left off. And then subsequently there's what you
11793
11794
117959 allege is defamatory information posted on the
11796
11797
1179810 internet about you, and then nothing happens
11799
11800
1180111 between Buzz Strategies and 4 Tier Strategies; is
11802
11803
1180412 that correct?
11805
11806
1180713 A. Yeah, right.
11808
11809
1181014 Q. And what is it that allows you to connect
11811
1181215 the internet content and the fact that Buzz
11813
11814
1181516 Strategies and 4 Tier Strategies never picked back
11816
11817
1181817 up other than the timeline?
11819
11820
1182118 A. Well, I think the last contact with
11822
11823
1182419 J.D. Winteregg that we saw by your client was
11825
11826
1182720 April or so. I mean, as long as that was ongoing,
11828
11829
1183021 there really was not a whole lot that we could do.
11831
11832
1183322 Q. What I'm trying to make clear is based on
11834
11835
1183623 the fact that Ms. Scott was still sending out
11837
11838
1183924 Tweets and still posting stuff on the internet,
11840
11841
1184225 you and Stacey decided we're not going to even
11843
11844153
11845
11846
11847
11848
118491 attempt to resurrect our relationship with 4 Tier
11850
11851
118522 Strategies.
11853
11854
118553 A. We still had a relationship with 4 Tier
11856
11857
118584 Strategies.
11859
11860
118615 Q. A business relationship that resulted in
11862
11863
118646 the payment of money to Buzz Strategies.
11865
11866
118677 A. Yes.
11868
11869
118708 Q. Buzz Strategies never got an email or a
11871
11872
118739 phone call from 4 Tier Strategies or any political
11874
11875
1187610 candidate saying, We're not going to utilize your
11877
11878
1187911 services and pay you anything because of
11880
11881
1188212 allegations that have been made by Ms. Scott,
11883
11884
1188513 correct?
11886
11887
1188814 A. Correct.
11889
1189015 Q. And nobody at 4 Tier -- well, strike
11891
11892
1189316 that.
11894
11895
1189617 Did anybody at 4 Tier Strategies ever say
11897
11898
1189918 to you, I heard X, Y or Z about you?
11900
11901
1190219 A. Yes.
11903
11904
1190520 Q. And detail that for me. Who said what?
11906
11907
1190821 A. The conversation was with Stacey, I
11909
11910
1191122 wouldn't be able to detail it for you.
11912
11913
1191423 Q. You and Stacey -- oh, somebody at 4 Tier
11915
11916
1191724 Strategies talked to Ms. Lennox.
11918
11919
1192025 A. Yes.
11921
11922154
11923
11924
11925
11926
119271 Q. And what's your understanding of what
11928
11929
119302 that person at 4 Tier Strategies said to
11931
11932
119333 Ms. Lennox?
11934
11935
119364 A. My understanding was that -- and I think
11937
11938
119395 I detailed this for you earlier. They were
11940
11941
119426 running the candidate account and they were
11943
11944
119457 receiving the messages about -- from Ms. Scott
11946
11947
119488 about allegations of SEC violations and
11949
11950
119519 investigations, and, you know, allegations that
11952
11953
1195410 J.D. Winteregg was complicit in those whatever
11955
11956
1195711 violations were -- you know.
11958
11959
1196012 Q. And your understanding of this
11961
11962
1196313 conversation is based on what Ms. Lennox reported
11964
11965
1196614 back to you?
11967
1196815 A. Yes, and also heard some of it myself,
11969
11970
1197116 not all of it. But I heard enough of it from John
11972
11973
1197417 to verify that the conversation was accurate --
11975
11976
1197718 Q. What did Mr. LaRosa tell you --
11978
11979
1198019 A. -- in March at CPAC when we all talked to
11981
11982
1198320 each other.
11984
11985
1198621 Q. So in March 2016 at CPAC Mr. LaRosa said
11987
11988
1198922 something to you or said something that you
11990
11991
1199223 overheard about certain communications that had
11993
11994
1199524 been made by Ms. --
11996
11997
1199825 A. It was a four-way conversation, and yes,
11999
12000155
12001
12002
12003
12004
120051 it was acknowledged that those were received, and
12006
12007
120082 that there was conversation with the candidate
12009
12010
120113 about them as well.
12012
12013
120144 Q. And this was the same meeting where Buzz
12015
12016
120175 Strategies and 4 Tier Strategies both expressed an
12018
12019
120206 interest in picking back up their business
12021
12022
120237 relationship.
12024
12025
120268 A. Yes.
12027
12028
120299 Q. Okay.
12030
12031
1203210 (Defendant's Exhibit 35 marked)
12033
12034
1203511 BY MR. DAVIS:
12036
12037
1203812 Q. I'm going to show you what we'll mark
12039
12040
1204113 as -- show you what's been marked as Exhibit 35,
12042
12043
1204414 which is an archive of Tweets ending in kNQjG.
12045
1204615 And this is -- Exhibit 35 is the same archive of
12047
12048
1204916 Tweets you're referring to on page 16 of your
12050
12051
1205217 interrogatory responses, correct?
12053
12054
1205518 A. Yes, it appears to be.
12056
12057
1205819 Q. And can you identify any money that you
12059
12060
1206120 lost or financial harm that befell you because
12062
12063
1206421 Ms. Scott said in words or substance that you were
12065
12066
1206722 being sued for a press release you wrote in
12068
12069
1207023 response to Ms. Scott's Fox 5 appearance?
12071
12072
1207324 A. Not specifically and directly.
12074
12075
1207625 (Defendant's Exhibit 36 marked)
12077
12078156
12079
12080
12081
12082
120831 BY MR. DAVIS:
12084
12085
120862 Q. I'll show you what we have marked as
12087
12088
120893 Exhibit 36, which is an archive of something on
12090
12091
120924 the internet ending in Hyo9b. The bottom of page
12093
12094
120955 1 of Exhibit 36, there's a following sentence,
12096
12097
120986 quote, December 3rd, 2015 Lu Esposito makes a
12099
12100
121017 false swearing to a Wake County Magistrate
12102
12103
121048 claiming that I was cyberstalking her. Do you see
12105
12106
121079 that?
12108
12109
1211010 A. Uh-huh.
12111
12112
1211311 MR. LOTT: Yes?
12114
12115
1211612 A. Yes. Sorry.
12117
12118
1211913 BY MR. DAVIS:
12120
12121
1212214 Q. Everyone does it. It's nothing to worry
12123
1212415 about.
12125
12126
1212716 I understand that you contend whatever
12128
12129
1213017 you said about Ms. Scott in North Carolina was
12131
12132
1213318 true, okay. But did you make a swearing to a Wake
12134
12135
1213619 County Magistrate?
12137
12138
1213920 A. It's required, yes.
12140
12141
1214221 Q. Okay. And was -- did that swearing
12143
12144
1214522 include the claim that Ms. Scott was cyberstalking
12146
12147
1214823 you?
12149
12150
1215124 A. I -- I just looked at that document. I
12152
12153
1215425 don't know that I used that particular word. But
12155
12156157
12157
12158
12159
12160
121611 I don't think that it would be a misrepresentation
12162
12163
121642 of what was happening if I did.
12165
12166
121673 Q. You're aware that that's what Ms. Scott
12168
12169
121704 was ultimately charged with, are you not?
12171
12172
121735 Cyberstalking?
12174
12175
121766 A. I wasn't --
12177
12178
121797 Q. If you don't know, that's fine. You
12180
12181
121828 don't know?
12183
12184
121859 A. I mean, I never actually saw the warrant,
12186
12187
1218810 no. The way that that works, it wasn't that I
12189
12190
1219111 didn't request it and it wasn't that I didn't want
12192
12193
1219412 to know, but I never actually saw it.
12195
12196
1219713 Q. Okay.
12198
12199
1220014 A. I know that it was in the documents that
12201
1220215 I have and I looked at it last night, and I don't
12203
12204
1220516 remember that word. I apologize.
12206
12207
1220817 Q. No, it's no problem.
12209
12210
1221118 (Defendant's Exhibit 37 marked)
12212
12213
1221419 BY MR. DAVIS:
12215
12216
1221720 Q. I'm going to show you what's been marked
12218
12219
1222021 as Exhibit 37, which is an archive of something on
12221
12222
1222322 the internet ending in MVKrb.
12224
12225
1222623 BY MR DAVIS:
12227
12228
1222924 Q. And Exhibit 37 is the document you were
12230
12231
1223225 referring to in your interrogatory responses on
12233
12234158
12235
12236
12237
12238
122391 page 16, correct?
12240
12241
122422 A. What is the date? Oh, I see it, I'm
12243
12244
122453 sorry. Yes. August 11th, 2016.
12246
12247
122484 Q. And all I'm trying to do is make sure I
12249
12250
122515 have the correct Tweets that you've identified.
12252
12253
122546 A. Me too, yes.
12255
12256
122577 Q. So I actually don't have any questions
12258
12259
122608 about Exhibit 37, it's just for the record.
12261
12262
122639 (Defendant's Exhibit 38 marked)
12264
12265
1226610 BY MR. DAVIS:
12267
12268
1226911 Q. I'm going to show you a document marked
12270
12271
1227212 Exhibit 38 which is an archive of Tweets ending in
12273
12274
1227513 4ekk2, and Exhibit 38 is the archive of Tweets
12276
12277
1227814 you're referring to on page 17 of your
12279
1228015 interrogatory responses, correct?
12281
12282
1228316 A. It appears to be, yes.
12284
12285
1228617 Q. Can you identify any monetary loss or
12287
12288
1228918 financial harm you suffered as a result of
12290
12291
1229219 Ms. Scott's allegation that you, quote, targeted
12293
12294
1229520 Ms. Scott's child?
12296
12297
1229821 A. In this particular archive, not
12299
12300
1230122 specifically or directly, no. And I say that that
12302
12303
1230423 way because I believe that she may have actually
12305
12306
1230724 said those exact words directly to a client, and I
12308
12309
1231025 can't remember right now, there are so many
12311
12312159
12313
12314
12315
12316
123171 archives and so many Tweets, I can't.
12318
12319
123202 Q. So you believe Ms. Scott told a client of
12321
12322
123233 Buzz Strategies that you had targeted her child,
12324
12325
123264 correct?
12327
12328
123295 A. I think it's possible. In Exhibit 38
12330
12331
123326 specifically and directly, I can't identify that.
12333
12334
123357 Q. And the client you're referring to is
12336
12337
123388 who? Who do you think Ms. Scott told that you
12339
12340
123419 were targeting her child?
12342
12343
1234410 A. I'm not positive. I think that she
12345
12346
1234711 may -- yeah, I want to back that up. I'm just not
12348
12349
1235012 sure. I believe she may have said it to Michael
12351
12352
1235313 Loftus, and we've been able to maintain that
12354
12355
1235614 relationship, even though it --
12357
1235815 Q. Okay. So here is --
12359
12360
1236116 A. -- strained at times.
12362
12363
1236417 Q. Here is my original question: Can you
12365
12366
1236718 identify any financial loss or monetary harm that
12368
12369
1237019 befell you because Ms. Scott represented that you,
12371
12372
1237320 quote, targeted Ms. Scott's child, close quote?
12374
12375
1237621 A. In Exhibit 38.
12377
12378
1237922 Q. No, period. My question is: Can you
12380
12381
1238223 identify any money lost because Ms. Scott said
12383
12384
1238524 that you, quote, targeted Ms. Scott's child?
12386
12387
1238825 A. I'm not sure.
12389
12390160
12391
12392
12393
12394
123951 Q. Can you identify any monetary loss or
12396
12397
123982 financial harm that befell you because Ms. Scott
12399
12400
124013 allegedly falsely accused you of inducing a person
12402
12403
124044 to commit suicide?
12405
12406
124075 A. Not specifically or directly at this
12408
12409
124106 time, but I'm just not -- not sure now that I --
12411
12412
124137 you know, put in that way, that it's -- it wasn't
12414
12415
124168 part of the allegations that stopped those
12417
12418
124199 fundraising campaigns. I don't know that for
12420
12421
1242210 sure.
12423
12424
1242511 Q. So just so I'm clear I understand your
12426
12427
1242812 answer, you don't know that you lost any money
12429
12430
1243113 because Ms. Scott accused you of causing somebody
12432
12433
1243414 to commit suicide, correct?
12435
1243615 A. That's a fair representation, yes.
12437
12438
1243916 Q. Okay. And are you aware of any monetary
12440
12441
1244217 loss or financial harm you suffered because
12443
12444
1244518 Ms. Scott falsely accused you of doxing an
12446
12447
1244819 anonymous patriot?
12449
12450
1245120 A. This is worded incorrectly. But
12452
12453
1245421 regardless, the answer would be no.
12455
12456
1245722 Q. Okay. Now I want to go back to the
12458
12459
1246023 interrogatory responses. And I think you're -- go
12461
12462
1246324 back one page. Okay, there's a sentence that
12464
12465
1246625 says, June 25, 2017 postings by Ms. Scott are
12467
12468161
12469
12470
12471
12472
124731 attached hereto as Exhibit C. See that?
12474
12475
124762 A. Uh-huh.
12477
12478
124793 Q. Okay. Can you show me where Exhibit C
12480
12481
124824 is? And the reason I ask is I don't -- it doesn't
12483
12484
124855 appear there is one. It appears all the exhibits
12486
12487
124886 are numbers instead of letters.
12489
12490
124917 A. Well, no. And I'm going to have to
12492
12493
124948 apologize, because my -- my only answer for that
12495
12496
124979 is that my lawyer changed it, and they didn't
12498
12499
1250010 provide the exhibit that I had provided them.
12501
12502
1250311 Q. All right. So the exhibits attached to
12504
12505
1250612 your interrogatory responses do not include
12507
12508
1250913 Exhibit C so far as you can tell.
12510
12511
1251214 A. No, I don't see June postings.
12513
1251415 Q. Okay.
12515
12516
1251716 A. So I'd have to say no.
12518
12519
1252017 Q. And the only reason I'm asking is I want
12521
12522
1252318 to know what exactly it is you think Ms. Scott did
12524
12525
1252619 on June 25th, 2017 that's problematic. And based
12527
12528
1252920 on what's written here it appears your concern is
12530
12531
1253221 that she posted a picture of you and your full
12533
12534
1253522 name in an effort to place you in danger. Do you
12536
12537
1253823 see that?
12539
12540
1254124 A. Uh-huh.
12542
12543
1254425 Q. Yes?
12545
12546162
12547
12548
12549
12550
125511 A. Yes.
12552
12553
125542 Q. Do you allege that something Ms. Scott
12555
12556
125573 put on line on June 25th, 2017 constituted
12558
12559
125604 defamation or somehow interfered with your
12561
12562
125635 business or contractual relationships?
12564
12565
125666 A. I just don't remember what it was.
12567
12568
125697 Q. Okay. The next part of your
12570
12571
125728 interrogatory responses say, Ms. Scott continues
12573
12574
125759 to make defamatory statements. Do you see that?
12576
12577
1257810 A. Yes.
12579
12580
1258111 Q. What are those statements?
12582
12583
1258412 A. They are the same statements repeated
12585
12586
1258713 over and over and over.
12588
12589
1259014 Q. And have you provided us a copy of the
12591
1259215 statements that took place after June 25th, 2017
12593
12594
1259516 that you contend are defamatory?
12596
12597
1259817 A. They were all archived, supposedly, but
12599
12600
1260118 they were given to my lawyers supposedly. They
12602
12603
1260419 provided you with a CD-ROM.
12605
12606
1260720 Q. Right, which is what we just spent two
12608
12609
1261021 hours looking at. Everything that was archived
12611
12612
1261322 and had all the specific archive --
12614
12615
1261623 A. And it only went through June 2017?
12617
12618
1261924 Q. The last one that we looked at was
12620
12621
1262225 archived May 25th, 2017.
12623
12624163
12625
12626
12627
12628
126291 A. They received archives through, but they
12630
12631
126322 would have gone through at least March or April.
12633
12634
126353 They would have gone -- should have gone right up
12636
12637
126384 to the time of the filing or after.
12639
12640
126415 Q. But we're talking about defamation after
12642
12643
126446 June 25th, 2017. You sued Ms. Scott for
12645
12646
126477 defamation. I'm trying to make sure I know what
12648
12649
126508 it is that you think she said after June 25th,
12651
12652
126539 2017 that's defamatory. So have you provided
12654
12655
1265610 those Tweets to us?
12657
12658
1265911 A. And, again, my apology. I provided them
12660
12661
1266212 to my lawyer and I thought that they were put into
12663
12664
1266513 this discovery -- the first discovery responses
12666
12667
1266814 for you.
12669
1267015 Q. Okay. So the answer is you don't know if
12671
12672
1267316 we've been provided a copy of those purportedly
12674
12675
1267617 defamatory statements.
12677
12678
1267918 A. Yes.
12680
12681
1268219 Q. Okay. Is there some reason why you
12683
12684
1268520 haven't amended your interrogatory responses to
12686
12687
1268821 identify those statements with greater
12689
12690
1269122 specificity?
12692
12693
1269423 A. I -- I wasn't aware that you didn't have
12695
12696
1269724 them.
12698
12699
1270025 Q. Here's my point.
12701
12702164
12703
12704
12705
12706
127071 A. I understand.
12708
12709
127102 Q. You did an excellent job, frankly, in
12711
12712
127133 this interrogatory response of listing out with a
12714
12715
127164 great deal of specificity, here's all the things
12717
12718
127195 that Ms. Scott said that I think are defamatory
12720
12721
127226 and here's a copy of the Tweets, but only through
12723
12724
127257 May of 2017. And then you just say, you know,
12726
12727
127288 after May or June of 2017 there's more stuff.
12729
12730
127319 So is there some reason why you haven't
12732
12733
1273410 gone back to identify the Tweets with the same
12735
12736
1273711 level of specificity after May or June of 2017?
12738
12739
1274012 A. Oh, okay, so I'm sorry. This is -- this
12741
12742
1274313 was after the filing and, no, there's not really a
12744
12745
1274614 reason, you know.
12747
1274815 Q. Okay. One last question about Exhibit 13
12749
12750
1275116 which is towards the back. And actually I see
12752
12753
1275417 Exhibit C. It's buried. It's like the last maybe
12755
12756
1275718 five, six, seven, maybe 10 pages. Then there are
12758
12759
1276019 some Tweets from somebody named Xavior's Daddy
12761
12762
1276320 which I want to ask you about.
12764
12765
1276621 A. Uh-huh, yep. Yes.
12767
12768
1276922 Q. Do you know who the person that -- or
12770
12771
1277223 persons that utilize the Twitter account
12773
12774
1277524 @XaviorsDaddy are?
12776
12777
1277825 A. There are quite a few of them, and this
12779
12780165
12781
12782
12783
12784
127851 account I think had more than one person in it.
12786
12787
127882 Q. And who are those persons?
12789
12790
127913 A. Some of them are obvious and some of them
12792
12793
127944 are not.
12795
12796
127975 Q. I'm asking for names.
12798
12799
128006 A. I know. I'm looking. Yeah, I would
12801
12802
128037 just -- it would be a guess. I don't -- I don't
12804
12805
128068 know for sure who was behind that.
12807
12808
128099 Q. I'm asking you do you know the identity
12810
12811
1281210 of any person or persons who use the Twitter
12813
12814
1281511 account @XaviorsDaddy.
12816
12817
1281812 A. No.
12819
12820
1282113 Q. None?
12822
12823
1282414 A. No.
12825
1282615 Q. The name of the business you had with
12827
12828
1282916 Ms. Lanier was Ghost Cyber Intelligence, correct?
12830
12831
1283217 A. Yes.
12833
12834
1283518 Q. Do you have any idea why Xavior's Daddy
12836
12837
1283819 has a #GhostCyberIntel underneath his or her
12839
12840
1284120 Twitter account?
12842
12843
1284421 A. Yes, because they were trolling us.
12845
12846
1284722 Q. What does that mean?
12848
12849
1285023 A. They were attacking us.
12851
12852
1285324 Q. Xavior's Daddy was attacking Ghost Cyber
12854
12855
1285625 Intel.
12857
12858166
12859
12860
12861
12862
128631 A. Yes.
12864
12865
128662 Q. In what way?
12867
12868
128693 A. Did you read -- I'm sorry, I'm not trying
12870
12871
128724 to be sarcastic, but did you read these Tweets?
12873
12874
128755 Q. I'll be quite frank about you, none of
12876
12877
128786 this makes any sense to me.
12879
12880
128817 A. Okay.
12882
12883
128848 Q. So tell me what Tweets you think are
12885
12886
128879 indicia of, quote, trolling.
12888
12889
1289010 A. Whoever is behind the Candice, my
12891
12892
1289311 business partner, account has been Tweeting a lot
12894
12895
1289612 behind the Kevin account too. They're attacking
12897
12898
1289913 my business partner and her fianceé.
12900
12901
1290214 Q. When you say that, what are you looking
12903
1290415 at on these sheets of paper?
12905
12906
1290716 A. Page 3 of 6. Don't think we didn't
12908
12909
1291017 notice. This is an account that someone created
12911
12912
1291318 to attack Candice, someone that calls themselves
12914
12915
1291619 Twinkie, Candice's fiancé Kevin.
12917
12918
1291920 Q. Okay, I understand. Is it your
12920
12921
1292221 understanding that the Twitter accounts that uses
12923
12924
1292522 the nomenclature IraelsACG is in some way
12926
12927
1292823 affiliated with Ghost Cyber Intelligence?
12929
12930
1293124 A. No, he was not.
12932
12933
1293425 Q. Do you know why it is, then, that
12935
12936167
12937
12938
12939
12940
129411 Xavior's Daddy would be trolling, quote, unquote,
12942
12943
129442 Israel's ACG? And I'm looking specifically at
12945
12946
129473 this part here.
12948
12949
129504 A. Well, I don't see IsraelsACG on here,
12951
12952
129535 but -- oh, yeah, I guess I do -- why they would be
12954
12955
129566 trolling him?
12957
12958
129597 Q. Let me ask you this: You said Xavior's
12960
12961
129628 Daddy was trolling Ghost Cyber Intel, correct?
12963
12964
129659 A. Yes.
12966
12967
1296810 Q. What does trolling mean?
12969
12970
1297111 A. Can I Urban Dictionary? It means that
12972
12973
1297412 you are responding to as many Tweets that someone
12975
12976
1297713 Tweets as possible just being obnoxious and
12978
12979
1298014 ridiculous.
12981
1298215 Q. Okay. So it's your understanding that
12983
12984
1298516 Xavior's Daddy was trolling Ghost Cyber Intel but
12986
12987
1298817 was not trolling Israel's ACG?
12989
12990
1299118 A. That account was trolling both.
12992
12993
1299419 Q. And what's your understanding of the
12995
12996
1299720 relationship between IsraelsACG and Ghost Cyber
12998
12999
1300021 Intel?
13001
13002
1300322 A. There wasn't one.
13004
13005
1300623 Q. Even though ACG may be an acronym for
13007
13008
1300924 Anonymous Cyber Ghost?
13010
13011
1301225 A. It -- yes.
13013
13014168
13015
13016
13017
13018
130191 Q. Is ACG an acronym for Anonymous Cyber
13020
13021
130222 Ghost?
13023
13024
130253 A. Yes.
13026
13027
130284 Q. How do you know that?
13029
13030
130315 A. Because it's a Twitter account that I
13032
13033
130346 know of, because -- it's a Twitter account that I
13035
13036
130377 know of.
13038
13039
130408 Q. How do you know about that Twitter
13041
13042
130439 account?
13044
13045
1304610 A. It was affiliated with an anonymous
13047
13048
1304911 organization that I was aware of.
13050
13051
1305212 Q. What organization is that?
13053
13054
1305513 A. Ghost Sec.
13056
13057
1305814 Q. And what other Twitter accounts are you
13059
1306015 aware of that were affiliated with GhostSec?
13061
13062
1306316 A. There have been a lot of them.
13064
13065
1306617 Q. Such as?
13067
13068
1306918 A. Ransacker, CommediAnon. I mean, some of
13070
13071
1307219 them have multiples, GhostSec Pie, Watcher,
13073
13074
1307520 Napanthus, Zeus.
13076
13077
1307821 Q. What about @AnonCyb3rGhost?
13079
13080
1308122 A. Yes, I thought we established him
13082
13083
1308423 already.
13085
13086
1308724 Q. I understand that @AnonCyberGhost is a
13088
13089
1309025 Twitter account that's different than all the ones
13091
13092169
13093
13094
13095
13096
130971 you mentioned.
13098
13099
131002 A. I do not follow you.
13101
13102
131033 Q. You know, look, there's a whole lot of
13104
13105
131064 Twitter accounts, and there's some relationship
13107
13108
131095 between certain accounts. And I understood you to
13110
13111
131126 testify that you knew ACG and Israel's ACG stood
13113
13114
131157 for Anonymous Cyber Ghost because that Twitter
13116
13117
131188 account was affiliated with GhostSec.
13119
13120
131219 A. Right, yes.
13122
13123
1312410 Q. What about the Twitter account
13125
13126
1312711 @AnonCyb3rGhost? Is that also affiliated with
13128
13129
1313012 GhostSec?
13131
13132
1313313 A. Yes.
13134
13135
1313614 Q. And who are the person or persons that
13137
1313815 utilize the Twitter account Israel's ACG?
13139
13140
1314116 A. I don't know their identity.
13142
13143
1314417 Q. Is it your testimony under oath that that
13145
13146
1314718 wasn't you?
13148
13149
1315019 A. It is my testimony under oath that it was
13151
13152
1315320 not me.
13154
13155
1315621 Q. And what about the person or persons that
13157
13158
1315922 utilized a Twitter account @AnonCyb3rGhost?
13160
13161
1316223 A. I don't know the identity, and it was not
13163
13164
1316524 me.
13166
13167
1316825 Q. Okay. Do you have any idea why the
13169
13170170
13171
13172
13173
13174
131751 person or persons utilizing the Twitter account
13176
13177
131782 @IsraelsACG would be Tweeting Ms. Scott?
13179
13180
131813 A. I do, because I witnessed it.
13182
13183
131844 Q. So why is it that the person or persons
13185
13186
131875 using this Twitter account @IsraelsACG were
13188
13189
131906 Tweeting Ms. Scott?
13191
13192
131937 A. When I noticed it -- I'm not stating that
13194
13195
131968 this was the first time that he Tweeted her, but
13197
13198
131999 when I noticed him Tweeting her it was because she
13200
13201
1320210 was doxing a veteran, and that was the first time
13203
13204
1320511 I noticed.
13206
13207
1320812 Q. So just so I'm clear, it's your testimony
13209
13210
1321113 here today under oath which the jury will hear
13212
13213
1321414 that the only reason the person or persons using
13215
1321615 the Twitter account @IsraelsACG started Tweeting
13217
13218
1321916 Ms. Scott is because she doxed a veteran, as
13220
13221
1322217 opposed to the fact that you were affiliated or in
13223
13224
1322518 some way related to Ghost Security; is that right?
13226
13227
1322819 MR. LOTT: Hang on, hang on. Object to
13229
13230
1323120 the form of the question, but you can answer it.
13232
13233
1323421 Go ahead, if you can answer it.
13235
13236
1323722 Do you need him to repeat the question?
13238
13239
1324023 Court reporter, can you repeat the question for
13241
13242
1324324 her, please.
13244
13245
1324625 MR. DAVIS: We'll get to that in a
13247
13248171
13249
13250
13251
13252
132531 minute.
13254
13255
132562 (Defendant's Exhibit 39 marked)
13257
13258
132593 BY MR. DAVIS:
13260
13261
132624 Q. I'm going to show you what's been marked
13263
13264
132655 as Exhibit 39.
13266
13267
132686 MR. LOTT: So the record is clear, we're
13269
13270
132717 moving on from that prior question.
13272
13273
132748 MR. DAVIS: Yeah, we'll get to that
13275
13276
132779 later.
13278
13279
1328010 BY MR DAVIS:
13281
13282
1328311 Q. And, for the record, Exhibit 39 is a
13284
13285
1328612 portion of your document production labeled 4 and
13287
13288
1328913 5. And who is Dale Bolenbaugh?
13290
13291
1329214 A. He is a major with Cobb County PD.
13293
1329415 Q. And why is it that you were e-mailing
13295
13296
1329716 Mr. Bolenbaugh in September 2017?
13298
13299
1330017 A. Because I -- let's just call it a sense
13301
13302
1330318 of desperation to end what seems to be never
13304
13305
1330619 ending.
13307
13308
1330920 Q. Ms. Lennox, your business partner, filed
13310
13311
1331221 a criminal complaint with Cobb County against
13313
13314
1331522 Ms. Scott, correct?
13316
13317
1331823 A. Not that I'm aware of.
13319
13320
1332124 Q. Well, Mr. Bolenbaugh works for Cobb
13322
13323
1332425 County Police, correct?
13325
13326172
13327
13328
13329
13330
133311 A. I'm sorry, can you clarify criminal
13332
13333
133342 complaint?
13335
13336
133373 Q. You're aware that Ms. Lennox, your
13338
13339
133404 business partner, made some complaint about
13341
13342
133435 Ms. Scott to Cobb County law enforcement, correct?
13344
13345
133466 A. I don't know exactly what you mean. I
13347
13348
133497 thought her -- the only report that I remember her
13350
13351
133528 making -- no, I don't remember her making a report
13353
13354
133559 to Cobb County. I may not be aware of it or I may
13356
13357
1335810 just not remember it.
13359
13360
1336111 Q. Here's an email from you to
13362
13363
1336412 Mr. Bolenbaugh. Mr. Bolenbaugh works in some
13365
13366
1336713 capacity for Cobb County law enforcement, correct?
13368
13369
1337014 A. Yes.
13371
1337215 Q. And how is it that you knew to email
13373
13374
1337516 Mr. Bolenbaugh about Ms. Scott?
13376
13377
1337817 A. I'm just trying to remember to make sure
13379
13380
1338118 I don't lie.
13382
13383
1338419 I was questioned at one point about the
13385
13386
1338720 ongoing issues, you know, not officially, but
13388
13389
1339021 asked, and I provided a statement in writing via
13391
13392
1339322 email to a detective. I believe that he was the
13394
13395
1339623 one who gave me Dale Bolenbaugh's name or email
13397
13398
1339924 address, I believe.
13400
13401
1340225 Q. Do you recall the name of the person
13403
13404173
13405
13406
13407
13408
134091 who --
13410
13411
134122 A. Over --
13413
13414
134153 Q. Do you recall the name of the person who
13416
13417
134184 questioned you?
13419
13420
134215 A. Craig Dong, if that's correct.
13422
13423
134246 Q. And do you know why it is Mr. Dong was
13425
13426
134277 questioning you?
13428
13429
134308 A. Had to do with Ms. Scott wanting her case
13431
13432
134339 investigated. She was fishing for an
13434
13435
1343610 investigation, and best to -- the best that I
13437
13438
1343911 could tell, discern, and from what they said, they
13440
13441
1344212 were trying to investigate.
13443
13444
1344513 Q. Okay. So it's your understanding that
13446
13447
1344814 the only reason you had communications with Cobb
13449
1345015 County law enforcement is because Ms. Scott had
13451
13452
1345316 asked them to get involved; is that right?
13454
13455
1345617 A. No, I didn't say it was the only reason.
13457
13458
1345918 Q. Okay. You're aware that Ms. Lennox
13460
13461
1346219 reached out to Cobb County law enforcement about
13463
13464
1346520 Ms. Scott, correct?
13466
13467
1346821 A. You're qualifying it with reached out.
13469
13470
1347122 I'm not aware that she reached out, no. I think
13472
13473
1347423 that's a qualification meaning that she initiated
13475
13476
1347724 a conversation. Correct?
13478
13479
1348025 MR. DAVIS: Let's take a break for a
13481
13482174
13483
13484
13485
13486
134871 minute.
13488
13489
134902 (Recess 3:16 p.m.-3:18 p.m.)
13491
13492
134933 BY MR. DAVIS:
13494
13495
134964 Q. Okay. Thank you for your patience.
13497
13498
134995 A. No problem.
13500
13501
135026 Q. Are you aware that Ms. Lennox tried to
13503
13504
135057 obtain a temporary restraining order against
13506
13507
135088 Ms. Scott back in 2015?
13509
13510
135119 A. Yes, that I'm aware of.
13512
13513
1351410 Q. In an email which is marked Exhibit 39
13515
13516
1351711 you say, When Ducky began harassing Stacey Lennox
13518
13519
1352012 and I; is that correct?
13521
13522
1352313 A. Yes.
13524
13525
1352614 Q. How is it that you know Ducky was
13527
1352815 harassing Stacey Lennox?
13529
13530
1353116 A. Because she was posting our picture.
13532
13533
1353417 Q. You also had conversations with
13535
13536
1353718 Ms. Lennox about Ms. Scott's purported harassment,
13538
13539
1354019 correct?
13541
13542
1354320 A. Yes.
13544
13545
1354621 Q. And you and Ms. Lennox both decided to
13547
13548
1354922 communicate with the Cobb County Police Department
13550
13551
1355223 or some Cobb County law enforcement agency with
13553
13554
1355524 respect to your complaints about Ms. Scott's
13556
13557
1355825 behavior, correct?
13559
13560175
13561
13562
13563
13564
135651 A. We were asked to.
13566
13567
135682 Q. By Craig Dong?
13569
13570
135713 A. I believe so, yes.
13572
13573
135744 Q. Are you aware that you made your
13575
13576
135775 complaint about the Garner, North Carolina Police
13578
13579
135806 Department on almost exactly the same day that
13581
13582
135837 Ms. Lennox applied for a restraining order in
13584
13585
135868 Georgia?
13587
13588
135899 A. Almost exactly the same day?
13590
13591
1359210 Q. Yes.
13593
13594
1359511 A. I'm sure I knew at the time that -- I
13596
13597
1359812 was -- I'm sure I was aware of that at one time,
13599
13600
1360113 yeah.
13602
13603
1360414 Q. If I represented to you that you filed
13605
1360615 your complaint with the Garner, North Carolina
13607
13608
1360916 Police Department on almost the same day that
13610
13611
1361217 Ms. Lennox applied for a temporary restraining
13613
13614
1361518 order in Georgia, do you have any reason to doubt
13616
13617
1361819 the accuracy of that statement?
13619
13620
1362120 A. I don't have any reason to doubt the
13622
13623
1362421 accuracy of that statement.
13625
13626
1362722 Q. And the fact that you and Ms. Lennox took
13628
13629
1363023 those actions at or about the same time was a
13631
13632
1363324 result of coordination between you two to get
13634
13635
1363625 something on the record about Ms. Scott with your
13637
13638176
13639
13640
13641
13642
136431 respective law enforcement agencies, correct?
13644
13645
136462 A. That's a misrepresentation.
13647
13648
136493 Q. How do you explain the similarity in
13650
13651
136524 timing between you and Ms. Lenox's action?
13653
13654
136555 A. The similarity in timing with what Stacey
13656
13657
136586 and I did was because of the similarity in
13659
13660
136617 treatment that we were getting from your client.
13662
13663
136648 Q. So is it your testimony that you never
13665
13666
136679 talked to Ms. Lennox about the fact that you were
13668
13669
1367010 going to go complain to the North Carolina police
13671
13672
1367311 and she was going to go --
13674
13675
1367612 A. No, it is not my testimony that I never
13677
13678
1367913 spoke with her about it.
13680
13681
1368214 Q. Did you know when you were going to go
13683
1368415 complain to the Garner, North Carolina police that
13685
13686
1368716 Ms. Lennox was going to go try and get a
13688
13689
1369017 restraining order in Georgia?
13691
13692
1369318 A. I'm sure I did know.
13694
13695
1369619 Q. And you had known that from
13697
13698
1369920 communications with Ms. Lennox, correct?
13700
13701
1370221 A. Of course. We were business partners.
13703
13704
1370522 Q. And you have been a business partner with
13706
13707
1370823 Ms. Lennox since 2015 to present, correct?
13709
13710
1371124 A. Yes.
13712
13713
1371425 Q. And you've continued to have
13715
13716177
13717
13718
13719
13720
137211 conversations with Ms. Lennox about Ms. Scott
13722
13723
137242 during that entire time.
13725
13726
137273 A. Every time she posts something about me
13728
13729
137304 probably it comes up in a conversation at some
13731
13732
137335 point between Stacey and I, yes. Again, the --
13734
13735
137366 Q. Go ahead.
13737
13738
137397 A. The conversations Stacey and I have about
13740
13741
137428 Ms. Scott are driven by the things that Ms. Scott
13743
13744
137459 says, does, and posts.
13746
13747
1374810 Q. I understand what you're saying. That
13749
13750
1375111 makes sense. What I'm trying to get at is are you
13752
13753
1375412 and Ms. Lennox communicating and coordinating with
13755
13756
1375713 respect to your activities about Ms. Scott?
13758
13759
1376014 A. We communicate. We do not coordinate.
13761
1376215 It's a big difference.
13763
13764
1376516 Q. You got a protective order in North
13766
13767
1376817 Carolina back in 2015?
13769
13770
1377118 A. I did not. I was referred to the
13772
13773
1377419 magistrate.
13775
13776
1377720 Q. You did get an arrest warrant
13778
13779
1378021 successfully issued in North Carolina, correct?
13781
13782
1378322 A. That was where family court referred me
13784
13785
1378623 after reviewing the case, and Ms. Scott's lawyer
13787
13788
1378924 was present when the judge told me that it was
13790
13791
1379225 criminal.
13793
13794178
13795
13796
13797
13798
137991 Q. All I'm asking is was an arrest warrant
13800
13801
138022 issued?
13803
13804
138053 A. I'm just explaining, yes.
13806
13807
138084 Q. Okay.
13809
13810
138115 A. But it was after. So the restraining
13812
13813
138146 order hearing was first. The judge referred me to
13815
13816
138177 the magistrate. It wasn't something that I did
13818
13819
138208 immediately. It was precipitated by a visit from
13821
13822
138239 my police department telling me that I was
13824
13825
1382610 harassing Ms. Scott's child, which I wasn't doing.
13827
13828
1382911 At that point I wasn't even aware that she had a
13830
13831
1383212 child, and I had not seen anyone on line that was
13833
13834
1383513 involved in all this mention a child. I don't
13836
13837
1383814 know -- even know where that came from. And then
13839
1384015 the call to my husband's employer.
13841
13842
1384316 I'm going to answer this fully.
13844
13845
1384617 Then the call to my husband's employer.
13847
13848
1384918 Those things happened in December, two months
13850
13851
1385219 after the restraining order. The police officer
13853
13854
1385520 that visited my house, he didn't urge me to go to
13856
13857
1385821 the magistrate, but he strongly suggested that I
13859
13860
1386122 go to the magistrate, and that's how that
13862
13863
1386423 happened.
13865
13866
1386724 Q. Are you aware that the arrest warrant --
13868
13869
1387025 or the charges against Ms. Scott in North Carolina
13871
13872179
13873
13874
13875
13876
138771 were dismissed?
13878
13879
138802 A. I am now.
13881
13882
138833 Q. How did you become aware of that?
13884
13885
138864 A. You're --
13887
13888
138895 Q. Document production?
13890
13891
138926 A. Yes, your document production, thank you.
13893
13894
138957 Q. So you would agree, then, that the State
13896
13897
138988 of North Carolina apparently concluded there was
13899
13900
139019 insufficient evidence that Ms. Scott, in fact,
13902
13903
1390410 cyberharassed you -- cyberstalked you, correct?
13905
13906
1390711 A. That's the way that I read the dismissal,
13908
13909
1391012 yes.
13911
13912
1391313 Q. I want to show you what's marked as
13914
13915
1391614 Exhibit 40.
13917
1391815 (Defendant's Exhibit 40 marked)
13919
13920
1392116 BY MR. DAVIS:
13922
13923
1392417 Q. And I want to ask you about the
13925
13926
1392718 information that starts on page 4. And page 4
13928
13929
1393019 has -- starts with a numbered list. Number 1
13931
13932
1393320 says, Plaintiff's website is temporarily offline.
13934
13935
1393621 Do you see that?
13937
13938
1393922 A. Where?
13940
13941
1394223 Q. Page 4, the paragraph that's labeled
13943
13944
1394524 number 1.
13946
13947
1394825 A. Right, yeah. I'm sorry, I see.
13949
13950180
13951
13952
13953
13954
139551 Q. When you say, Plaintiff's website is
13956
13957
139582 temporarily offline, what website are you
13959
13960
139613 referring to?
13962
13963
139644 A. Buzz Strategies, BuzzStrat.com.
13965
13966
139675 Q. And is that website still off line?
13968
13969
139706 A. It is.
13971
13972
139737 Q. When was it taken down?
13974
13975
139768 A. I don't remember the exact date. It
13977
13978
139799 would have been somewhere between I believe
13980
13981
1398210 January and March of 2017.
13983
13984
1398511 Q. And Buzz Strategies' website was taken
13986
13987
1398812 down by Buzz Strategies, correct?
13989
13990
1399113 A. Oh, yeah.
13992
13993
1399414 Q. And the reason why Buzz Strategies took
13995
1399615 down its website is because Ms. Scott was posting
13997
13998
1399916 Buzz Strategies' business address on line; is that
14000
14001
1400217 right?
14003
14004
1400518 A. I'm just trying to place exactly what
14006
14007
1400819 post, and this was put in here because of
14009
14010
1401120 something that I forwarded, and I can't put my
14012
14013
1401421 head -- can't wrap my head around exactly what
14015
14016
1401722 post it was. So I believe so, yes.
14018
14019
1402023 Q. Okay. So just so the record's clear, you
14021
14022
1402324 believe that Buzz Strategies took its website off
14024
14025
1402625 line because Ms. Scott posted its business address
14027
14028181
14029
14030
14031
14032
140331 on the internet.
14034
14035
140362 A. I think so, yes.
14037
14038
140393 Q. And are you aware that Buzz Strategies'
14040
14041
140424 business address is publicly available information
14043
14044
140455 through the Secretary of State in North Carolina?
14046
14047
140486 A. Yes.
14049
14050
140517 Q. I want to ask you about number 2. Number
14052
14053
140548 2 says, All 2016 fundraising campaigns were
14055
14056
140579 canceled, do you see that?
14058
14059
1406010 A. Yes.
14061
14062
1406311 Q. Okay. Buzz Strategies canceled those
14064
14065
1406612 campaigns?
14067
14068
1406913 A. And I've said this I think like five or
14070
14071
1407214 six times now. But Buzz Strategies and the
14073
1407415 clients came to the decision it was best to cancel
14075
14076
1407716 the campaign. So we did not make -- we did not
14078
14079
1408017 make the decision alone.
14081
14082
1408318 Q. Who's the main point of contact at 4 Tier
14084
14085
1408619 Strategies right now?
14087
14088
1408920 A. That would be John LaRosa.
14090
14091
1409221 Q. And do you have his phone number there in
14093
14094
1409522 your phone?
14096
14097
1409823 A. We sent you that.
14099
14100
1410124 Q. Okay. I think I know what you're talking
14102
14103
1410425 about.
14105
14106182
14107
14108
14109
14110
141111 A. Uh-huh.
14112
14113
141142 Q. And where is 4 Tier Strategies located?
14115
14116
141173 A. It's in Massachusetts. We gave you
14118
14119
141204 this --
14121
14122
141235 Q. I know what you're talking about.
14124
14125
141266 A. Right.
14127
14128
141297 Q. I just want to make sure I can reach
14130
14131
141328 Mr. LaRosa. All right.
14133
14134
141359 Number 3, it says the fundraising model
14136
14137
1413810 you developed was shelved. Do you see that?
14139
14140
1414111 A. Uh-huh.
14142
14143
1414412 Q. By shelved, do you mean that Buzz
14145
14146
1414713 Strategies decided not to roll out this new
14148
14149
1415014 fundraising model?
14151
1415215 A. Yes.
14153
14154
1415516 Q. Okay. And even though this says
14156
14157
1415817 Plaintiff, what it actually means is Buzz
14159
14160
1416118 Strategies, correct?
14162
14163
1416419 A. Yes.
14165
14166
1416720 Q. Number 4 says, Plaintiff is unable to
14168
14169
1417021 post, promote or use client testimonials. Do you
14171
14172
1417322 see that?
14174
14175
1417623 A. Yes.
14177
14178
1417924 Q. And Plaintiff actually means Buzz
14180
14181
1418225 Strategies, correct?
14183
14184183
14185
14186
14187
14188
141891 A. Yes.
14190
14191
141922 Q. And with the website down, how is it that
14193
14194
141953 you would have -- Buzz Strategies would have used
14196
14197
141984 client testimonials?
14199
14200
142015 A. Were it not for all this, the website
14202
14203
142046 wouldn't be down.
14205
14206
142077 Q. I'm just trying to make sure I understand
14208
14209
142108 the relationship of the two. So is it because
14211
14212
142139 Buzz Strategies took its website down, it could
14214
14215
1421610 not post any client testimonials on its website,
14217
14218
1421911 correct?
14220
14221
1422212 A. Yes.
14223
14224
1422513 Q. And there's no other place where
14226
14227
1422814 testimonials that are favorable to Buzz Strategies
14229
1423015 would be posted on the internet besides Buzz
14231
14232
1423316 Strategies' website, is there?
14234
14235
1423617 A. Any other place that we would post on, we
14237
14238
1423918 probably shouldn't.
14240
14241
1424219 Q. Has Buzz Strategies ever posted a client
14243
14244
1424520 testimonial anywhere on the internet besides its
14246
14247
1424821 website?
14249
14250
1425122 A. Our website went up maybe 60 days before
14252
14253
1425423 J.D. Winteregg got his first Tweet from Ms. Scott.
14255
14256
1425724 So no. We've never posted any client anything
14258
14259
1426025 since then.
14261
14262184
14263
14264
14265
14266
142671 Q. So the answer to my question was no.
14268
14269
142702 A. Uh-huh. Yes. The answer is no.
14271
14272
142733 Q. Number 5, how is it that working through
14274
14275
142764 a subcontracting agency hinders your ability to
14277
14278
142795 develop new business?
14280
14281
142826 A. We rely on their pitch, and we're not
14283
14284
142857 able to make our own pitch.
14286
14287
142888 Q. So is your current relationship
14289
14290
142919 essentially that you're an independent contractor
14292
14293
1429410 for some advertising or fundraising firm as
14295
14296
1429711 opposed to owning your own firm?
14298
14299
1430012 A. That's a fair assessment, yeah.
14301
14302
1430313 Q. Okay. I'm just trying to understand.
14304
14305
1430614 A. Yeah.
14307
1430815 Q. And you believe that if Buzz Strategies
14309
14310
1431116 was going out and soliciting business it would
14312
14313
1431417 have more success than the agency that you're
14315
14316
1431718 currently subcontracting to?
14318
14319
1432019 A. I know that it would, and it would have
14321
14322
1432320 over the past year and a half.
14324
14325
1432621 Q. And how is it you know that?
14327
14328
1432922 A. I just know.
14330
14331
1433223 Q. How?
14333
14334
1433524 A. Because I've got 30 years of experience
14336
14337
1433825 in this, so . . .
14339
14340185
14341
14342
14343
14344
143451 Q. And in light of your experience, what
14346
14347
143482 facts is it that you're aware of that allow you to
14349
14350
143513 conclude you would have done better if you'd been
14352
14353
143544 soliciting business as opposed to the agency
14355
14356
143575 you're contracting with?
14358
14359
143606 A. For one thing, you can negotiate a
14361
14362
143637 different rate. When you're subcontracting
14364
14365
143668 there's a pass-through and somebody's taking
14367
14368
143699 something off the top. So that's number one.
14370
14371
1437210 Q. What is that percentage?
14373
14374
1437511 A. It depends on the relationship and who
14376
14377
1437812 you're working with.
14379
14380
1438113 Q. Let me put it this way: Are you suing
14382
14383
1438414 Ms. Scott because your ability to develop new
14385
1438615 business has been hampered as a result of having
14387
14388
1438916 to work through a subcontracting agency?
14390
14391
1439217 A. Again, specifically, there was not a
14393
14394
1439518 monetary claim made for a dollar amount for that
14396
14397
1439819 specific thing, so --
14399
14400
1440120 Q. So are you suing Ms. Scott because you
14402
14403
1440421 are hampered in your ability to develop new
14405
14406
1440722 business since Buzz Strategies can't go out and
14408
14409
1441023 pitch its own business?
14411
14412
1441324 A. Yes.
14414
14415
1441625 Q. So what I need to be able to establish,
14417
14418186
14419
14420
14421
14422
144231 then, is the amount of money.
14424
14425
144262 A. Okay.
14427
14428
144293 Q. All right. And you testified that you
14430
14431
144324 think Buzz Strategies would have more business if
14433
14434
144355 it was able to pitch itself as opposed to you
14436
14437
144386 having to work through a subcontractor.
14439
14440
144417 A. I think we would, and I think we would
14442
14443
144448 have over the past year.
14445
14446
144479 Q. And I understand that. What I'm trying
14448
14449
1445010 to get to is why is it you think that's true. And
14451
14452
1445311 the only thing you've identified so far is
14454
14455
1445612 because, well, because I'm a subcontractor the
14457
14458
1445913 firm I work with takes a percentage off the top.
14460
14461
1446214 A. That's true.
14463
1446415 Q. Are there other reasons why you think
14465
14466
1446716 having to subcontract has hampered your business?
14468
14469
1447017 A. I can't think of one off the top of my
14471
14472
1447318 head.
14474
14475
1447619 Q. And you said that the percentage the firm
14477
14478
1447920 you contract with takes from you varies based on
14480
14481
1448221 the job or the relationship. What's the range
14483
14484
1448522 we're talking about?
14486
14487
1448823 A. I'd say 20 to 30 percent.
14489
14490
1449124 Q. And if a jury wanted to have information
14492
14493
1449425 necessary to arrive at an amount of money you
14495
14496187
14497
14498
14499
14500
145011 actually lost because of that percentage takeoff,
14502
14503
145042 what information can you give it?
14505
14506
145073 A. Receivables.
14508
14509
145104 Q. Have you provided any of that information
14511
14512
145135 to us?
14514
14515
145166 A. No.
14517
14518
145197 Q. But you have it, correct?
14520
14521
145228 A. Yes.
14523
14524
145259 Q. Do you personally subcontract with this
14526
14527
1452810 firm, or does Buzz Strategies?
14529
14530
1453111 A. Buzz Strategies.
14532
14533
1453412 Q. And can you identify any clients that you
14535
14536
1453713 believe Buzz Strategies would have been able to
14538
14539
1454014 enter into a business relationship with but for
14541
1454215 your current subcontracting relationship?
14543
14544
1454516 A. No.
14546
14547
1454817 Q. Can you identify any business opportunity
14549
14550
1455118 that you think Buzz Strategies would have been
14552
14553
1455419 able to enter into but for your current
14555
14556
1455720 subcontracting arrangement?
14558
14559
1456021 A. No.
14561
14562
1456322 Q. All right. Number 6, which is on the
14564
14565
1456623 next page, says, Due to FEC reporting
14567
14568
1456924 requirements, Plaintiff is unable to take on any
14570
14571
1457225 new business with political campaigns. Do you see
14573
14574188
14575
14576
14577
14578
145791 that?
14580
14581
145822 A. Uh-huh.
14583
14584
145853 Q. Can you explain that to me? And I know
14586
14587
145884 about Winteregg and Ms. Scott alleged an FEC
14589
14590
145915 violation. But what is it about FEC reporting
14592
14593
145946 requirements that creates this problem?
14595
14596
145977 A. We would show up on a report and then
14598
14599
146008 Ms. Scott would be able to find who we were
14601
14602
146039 working for and same thing all over again.
14604
14605
1460610 Q. Okay. So the federal election commission
14607
14608
1460911 requires campaign fundraising organizations to
14610
14611
1461212 make disclosures, correct?
14613
14614
1461513 A. Right.
14616
14617
1461814 Q. So if Buzz Strategies raised funds for
14619
1462015 political campaigns you'd have to disclose that to
14621
14622
1462316 the FEC, right?
14624
14625
1462617 A. Right.
14627
14628
1462918 Q. And you're afraid that Ms. Scott would
14630
14631
1463219 find that information and Tweet the candidate or
14633
14634
1463520 candidates that Buzz Strategies was raising money
14636
14637
1463821 for.
14639
14640
1464122 A. Yep.
14642
14643
1464423 Q. All right. I'm going to show you what
14645
14646
1464724 we'll mark as Exhibit 41.
14648
14649
1465025 (Defendant's Exhibit 41 marked)
14651
14652189
14653
14654
14655
14656
146571 BY MR DAVIS:
14658
14659
146602 Q. Then is this a portion of the website for
14661
14662
146633 Ghost Cyber Intelligence?
14664
14665
146664 A. It is.
14667
14668
146695 Q. And you said you ended your relationship
14670
14671
146726 with that company earlier in 2017.
14673
14674
146757 A. I did.
14676
14677
146788 Q. Let me show you what we'll mark as
14679
14680
146819 Exhibit 42.
14682
14683
1468410 (Defendant's Exhibit 42 marked)
14685
14686
1468711 BY MR DAVIS:
14688
14689
1469012 Q. And Exhibit 42 I printed off from the
14691
14692
1469313 Georgia Secretary of State website. This says
14694
14695
1469614 that you and Candice Hampton, a/k/a Candice
14697
1469815 Lanier, were both general partners of Cyber Ghost
14699
14700
1470116 Intelligence, is that right?
14702
14703
1470417 A. Yes. That's a yes. And it's Ghost Cyber
14705
14706
1470718 Intelligence.
14708
14709
1471019 Q. I apologize if I misspoke.
14711
14712
1471320 A. That's okay.
14714
14715
1471621 Q. Were there limited partners in Ghost
14717
14718
1471922 Cyber Intelligence?
14720
14721
1472223 A. Not listed here, you mean?
14723
14724
1472524 Q. Period. Does Ghost Cyber Intelligence
14726
14727
1472825 have limited partners?
14729
14730190
14731
14732
14733
14734
147351 A. No. Not to my knowledge. There was a
14736
14737
147382 partner brought -- just to qualify, there was a
14739
14740
147413 partner, another partner brought in when I left,
14742
14743
147444 paperwork was signed, and, you know, they were
14745
14746
147475 supposed to move things over on their own to have
14748
14749
147506 control of it.
14751
14752
147537 The -- I don't know what the timing of
14754
14755
147568 that was and I don't know if anyone else was
14757
14758
147599 brought in after I separated, and what the timing
14760
14761
1476210 of the paperwork was. So just to qualify my
14763
14764
1476511 answer, I don't know what happened when I left.
14766
14767
1476812 But as of the time that I left, no other
14769
14770
1477113 partners --
14772
14773
1477414 Q. That's helpful.
14775
1477615 A. -- of any kind.
14777
14778
1477916 (Defendant's Exhibit 43 marked)
14780
14781
1478217 BY MR. DAVIS:
14783
14784
1478518 Q. I'm going to show you what we'll mark as
14786
14787
1478819 Exhibit 43. Exhibit 43, does this appear to be a
14789
14790
1479120 portion of Ghost Cyber Intelligence's website?
14792
14793
1479421 A. Yeah, it is.
14795
14796
1479722 Q. This says that GCI was founded by former
14798
14799
1480023 GhostSec members. GhostSec was a group of ethical
14801
14802
1480324 hackers focused on counterterrorism. See that?
14804
14805
1480625 A. Yeah.
14807
14808191
14809
14810
14811
14812
148131 Q. Were you one of the founders of GCI?
14814
14815
148162 A. I was.
14817
14818
148193 Q. And are you a former GhostSec member?
14820
14821
148224 MR. LOTT: If you can answer, you can.
14823
14824
148255 A. I can't answer.
14826
14827
148286 BY MR DAVIS:
14829
14830
148317 Q. Sorry, what?
14832
14833
148348 A. I can't answer that question.
14835
14836
148379 Q. Why is that?
14838
14839
1484010 MR. LOTT: Is this about the NDA?
14841
14842
1484311 THE WITNESS: Uh-huh.
14844
14845
1484612 MR. LOTT: My understanding is part of
14847
14848
1484913 the contract with DOD, as a subcontractor they had
14850
14851
1485214 to sign an NDA agreement, and there are certain
14853
1485415 things that she can't disclose.
14855
14856
1485716 MR. DAVIS: Do you have a copy of the
14858
14859
1486017 NDA?
14861
14862
1486318 MR. LOTT: I do not.
14864
14865
1486619 THE WITNESS: We'll get one.
14867
14868
1486920 MR. DAVIS: All right. Well, I'll just
14870
14871
1487221 say this.
14873
14874
1487522 BY MR DAVIS:
14876
14877
1487823 Q. I understand you said you have a
14879
14880
1488124 nondisclosure agreement with the department of
14882
14883
1488425 defense that precludes you from disclosing, among
14885
14886192
14887
14888
14889
14890
148911 other things, whether you were a former member of
14892
14893
148942 GhostSec, is that accurate?
14895
14896
148973 A. Accurate.
14898
14899
149004 Q. And you have represented that you will
14901
14902
149035 provide me with a copy of the nondisclosure
14904
14905
149066 agreement?
14907
14908
149097 A. Yes.
14910
14911
149128 MR. LOTT: Subject to our review. We
14913
14914
149159 haven't seen it yet.
14916
14917
1491810 THE WITNESS: Oh, sorry.
14919
14920
1492111 MR. DAVIS: Yeah. And we'll see what it
14922
14923
1492412 says, I guess.
14925
14926
1492713 BY MR. DAVIS:
14928
14929
1493014 Q. You know, I mean, if -- well, were you a
14931
1493215 party to the nondisclosure agreement or was Ghost
14933
14934
1493516 Cyber Intelligence, or do you know?
14936
14937
1493817 A. There are several iterations of it.
14939
14940
1494118 The -- so both.
14942
14943
1494419 Q. Okay.
14945
14946
1494720 A. Both.
14948
14949
1495021 Q. And if there's a nondisclosure agreement
14951
14952
1495322 why is it that the publicly available information
14954
14955
1495623 on Ghost Cyber Intelligence's website discloses
14957
14958
1495924 the fact that its members are former GhostSec
14960
14961
1496225 members?
14963
14964193
14965
14966
14967
14968
149691 A. There are no names named, and -- but
14970
14971
149722 generally, this is Candice, not me. And just
14973
14974
149753 because Candice would choose to do this doesn't
14976
14977
149784 mean that I would be comfortable doing it.
14979
14980
149815 Q. So is it your testimony that this
14982
14983
149846 information was not part of Ghost Cyber
14985
14986
149877 Intelligence's website during the time you worked
14988
14989
149908 at Ghost Cyber Intelligence?
14991
14992
149939 A. No, it's not my -- it's not my testimony.
14994
14995
1499610 I'm not 100 percent sure what Candice had on the
14997
14998
1499911 website then or what she has on it now. It's my
15000
15001
1500212 testimony she controlled the website, and just
15003
15004
1500513 because she would do it doesn't mean that I would.
15006
15007
1500814 Q. Okay. Were you or have you ever been an
15009
1501015 ethical hacker focused on counterterrorism?
15011
15012
1501316 A. As I told you before, I was an analyst.
15014
15015
1501617 I've never been a hacker of any kind -- well -- in
15017
15018
1501918 my life, hacker.
15020
15021
1502219 Q. What's your understanding of what
15023
15024
1502520 GhostSec is? An unincorporated organization or
15026
15027
1502821 affiliation of persons who --
15029
15030
1503122 A. GhostSec is nothing. It's no longer. It
15032
15033
1503423 was retired when GCI was created.
15035
15036
1503724 Q. What is your understanding of what
15038
15039
1504025 GhostSec was? An unaffiliated organization of
15041
15042194
15043
15044
15045
15046
150471 persons who took it upon themselves to conduct
15048
15049
150502 counterterrorism operations through the internet?
15051
15052
150533 A. Yeah, yep. That's pretty good. Is that
15054
15055
150564 what she calls it here?
15057
15058
150595 Q. No. I'm proud to say I came up with that
15060
15061
150626 myself.
15063
15064
150657 A. Yeah. That's actually pretty good.
15066
15067
150688 Q. And when you worked at Ghost Cyber
15069
15070
150719 Intelligence what was your job title?
15072
15073
1507410 A. You would call me a chief communications
15075
15076
1507711 officer.
15078
15079
1508012 Q. And what were your job responsibilities?
15081
15082
1508313 A. Intel analysis and media relations here
15084
15085
1508614 and there.
15087
1508815 Q. Were you involved in operations?
15089
15090
1509116 A. Meaning?
15092
15093
1509417 Q. Fair enough. Were you involved in
15095
15096
1509718 intelligence yet?
15098
15099
1510019 A. Yeah, I had to manage the -- to a
15101
15102
1510320 great -- yeah. I gathered -- yes, just simply
15104
15105
1510621 yes.
15107
15108
1510922 Q. All right.
15110
15111
1511223 Do you know the name of the person or
15113
15114
1511524 persons who use the Twitter handle Commander
15116
15117
1511825 Xavior?
15119
15120195
15121
15122
15123
15124
151251 A. Am I aware of the Twitter account?
15126
15127
151282 Q. Do you know the identity of the person or
15129
15130
151313 persons who use the Twitter handle Commander
15132
15133
151344 Xavior?
15135
15136
151375 A. I do not. I am not.
15138
15139
151406 Q. Did you ever date somebody named Derrick?
15141
15142
151437 A. No.
15144
15145
151468 Q. Did you ever date somebody named Xav?
15147
15148
151499 A. Named what?
15150
15151
1515210 Q. X-A-V, Xav, as I understand it.
15153
15154
1515511 A. No, no.
15156
15157
1515812 Q. Did you ever communicate with Ms. Hampton
15159
15160
1516113 about a person named Xav?
15162
15163
1516414 A. The one that used to be a member of
15165
1516615 GhostSec? Yes. We all communicated about all of
15167
15168
1516916 the old Ghosts.
15170
15171
1517217 Q. So there was a person named Xav who is
15173
15174
1517518 formerly a member of GhostSec.
15176
15177
1517819 A. That's what we established earlier. Oh,
15179
15180
1518120 no, I'm sorry, we didn't. Yes.
15182
15183
1518421 Q. Okay. And when you say we communicated
15185
15186
1518722 about the former members of GhostSec, who is "we"?
15188
15189
1519023 A. Candice and I.
15191
15192
1519324 Q. And are you authorized to disclose the
15194
15195
1519625 other former members of GhostSec?
15197
15198196
15199
15200
15201
15202
152031 A. No.
15204
15205
152062 Q. Even though you just disclosed that Xav
15207
15208
152093 was a former member of GhostSec.
15210
15211
152124 A. Well, not his identity.
15213
15214
152155 Q. So that's a pseudonym?
15216
15217
152186 A. Yes.
15219
15220
152217 Q. And do you know what Twitter accounts
15222
15223
152248 this Xav person was affiliated with?
15225
15226
152279 A. I think -- I believe that you've named
15228
15229
1523010 them all already. So --
15231
15232
1523311 Q. And for my edification, those accounts
15234
15235
1523612 were what?
15237
15238
1523913 A. AnonCyb3rGhost. You said Anonymous Cyber
15240
15241
1524214 Ghost. I've never seen that one. That doesn't
15243
1524415 mean that he never used it. I only -- I only -- I
15245
15246
1524716 never knew who he was until probably November of
15248
15249
1525017 2015.
15251
15252
1525318 Q. I'm not trying to interrupt you, but my
15254
15255
1525619 question was do you know what Twitter accounts Xav
15257
15258
1525920 used.
15260
15261
1526221 A. Yeah, I'm sorry. I was just -- I don't
15263
15264
1526522 know if he ever used AnonCyb3rGhost or not. You
15266
15267
1526823 said that.
15269
15270
1527124 Q. So AnonCyberGhost.
15272
15273
1527425 A. AnonCyberGhost, Commander Xavior,
15275
15276197
15277
15278
15279
15280
152811 IsraelsACG.
15282
15283
152842 (Defendant's Exhibit 44 marked)
15285
15286
152873 BY MR. DAVIS:
15288
15289
152904 Q. I'm going to show you a document that
15291
15292
152935 we'll mark as Exhibit 44. And is this an accurate
15294
15295
152966 representation of a portion of a communication you
15297
15298
152997 had with Candice Lanier?
15300
15301
153028 A. It seems to be. She screenshot it,
15303
15304
153059 so . . .
15306
15307
1530810 Q. Well, does that mean you don't know, or
15309
15310
1531111 you think it is, or you don't think it is, or
15312
15313
1531412 what?
15315
15316
1531713 A. It seems to be.
15318
15319
1532014 Q. The first text bubble here says, I got
15321
1532215 the reply to my case today via Kathy's lawyer --
15323
15324
1532516 sorry, I got the reply to my case via Kathy's
15326
15327
1532817 lawyer today. See that?
15329
15330
1533118 A. Yes.
15332
15333
1533419 Q. That is from you, correct?
15335
15336
1533720 A. Yes.
15338
15339
1534021 Q. And Kathy is Kathy Scott, correct?
15341
15342
1534322 A. Yes.
15344
15345
1534623 Q. Okay. And you go on to say Kathy has
15347
15348
1534924 named co-conspirators, Xav is included but he's my
15350
15351
1535225 sock.
15353
15354198
15355
15356
15357
15358
153591 Do you see that?
15360
15361
153622 A. Yes.
15363
15364
153653 Q. Explain to the jury what a sock is.
15366
15367
153684 A. It's just another Twitter account that
15369
15370
153715 belongs to someone that already has a Twitter
15372
15373
153746 account and it's created for some stupid purpose,
15375
15376
153777 usually.
15378
15379
153808 Q. My understanding is it's short for sock
15381
15382
153839 puppet, is that right?
15384
15385
1538610 A. Sure, yeah.
15387
15388
1538911 Q. I'm not familiar with all the lingo.
15390
15391
1539212 A. Yeah.
15393
15394
1539513 Q. So a sock is a Twitter account created
15396
15397
1539814 for a stupid purpose?
15399
1540015 A. Pretty much. Justice Seeker is a sock.
15401
15402
1540316 Q. A sock account is also an account that
15404
15405
1540617 does not disclose the true identity of the person
15407
15408
1540918 using the account, correct?
15410
15411
1541219 A. If they can get away with it, sure.
15413
15414
1541520 Q. That's the reason why you would create or
15416
15417
1541821 utilize a sock account, isn't it?
15419
15420
1542122 A. I suppose. There's usually another
15422
15423
1542423 reason, to be abusive, to post someone's personal
15425
15426
1542724 information.
15428
15429
1543025 Q. Right. There's no reason to have an
15431
15432199
15433
15434
15435
15436
154371 anonymous Twitter account if you're just posting
15438
15439
154402 pictures of puppies and flowers.
15441
15442
154433 A. Right, to post someone's seven-year-old
15444
15445
154464 nephew, things like that.
15447
15448
154495 Q. So I'm clear, you told Candice Lanier
15450
15451
154526 that Ms. Scott's answer and/or counterclaim
15453
15454
154557 identified Tweets that had been sent by Xav who is
15456
15457
154588 a former member of GhostSec which you're
15459
15460
154619 prohibited by nondisclosure agreement from saying
15462
15463
1546410 if you were as well. Do I understand that's what
15465
15466
1546711 this text means, is that right?
15468
15469
1547012 A. No, I don't understand your question.
15471
15472
1547313 Q. I'm trying to make sure I know what this
15474
15475
1547614 text means. I understand this text to say that
15477
1547815 you got Ms. Scott's answer or counterclaim in this
15479
15480
1548116 lawsuit and you've read it and it says that
15482
15483
1548417 Ms. Scott named co-conspirators, including Xav.
15485
15486
1548718 Is that what you're telling Ms. Lanier here?
15488
15489
1549019 A. Yes.
15491
15492
1549320 Q. Okay. So some of the Tweets referenced
15494
15495
1549621 in Ms. Scott's answer and counterclaim were from
15497
15498
1549922 this Xav person, correct?
15500
15501
1550223 A. Actually, no. It was in one of the --
15503
15504
1550524 one of the claims that she made was specifically
15506
15507
1550825 that Israels ACG was either me, Stacey, or Jodi.
15509
15510200
15511
15512
15513
15514
155151 Q. And you're saying that's not true, it was
15516
15517
155182 actually Xav.
15519
15520
155213 A. Yes.
15522
15523
155244 Q. Okay. And Xav is a former member of
15525
15526
155275 GhostSec, right?
15528
15529
155306 A. Yes.
15531
15532
155337 Q. And you're prohibited from a
15534
15535
155368 nondisclosure agreement with the department of
15537
15538
155399 defense which you don't have from disclosing
15540
15541
1554210 whether you were a former member of GhostSec,
15543
15544
1554511 right?
15546
15547
1554812 A. Yeah.
15549
15550
1555113 Q. Okay. And you are former general partner
15552
15553
1555414 of a cyber security firm called Ghost Cyber
15555
1555615 Intelligence, right?
15557
15558
1555916 A. Yes.
15560
15561
1556217 Q. And Ghost Cyber Intelligence was founded
15563
15564
1556518 by former GhostSec members, correct?
15566
15567
1556819 A. Yes.
15569
15570
1557120 Q. And it's your testimony here today that
15572
15573
1557421 the only reason Xav sent Tweets to or about
15575
15576
1557722 Ms. Scott is because she, quote, doxed State
15578
15579
1558023 Patriot.
15581
15582
1558324 A. This is twice I've said that is not my
15584
15585
1558625 testimony that that is the only reason. That was
15587
15588201
15589
15590
15591
15592
155931 where I saw it. That's where I first noticed him.
15594
15595
155962 I didn't even know him before that.
15597
15598
155993 Q. So what's your understanding of why Xav
15600
15601
156024 was Tweeting to or about Ms. Scott?
15603
15604
156055 A. I don't have an understanding other than
15606
15607
156086 what I've already told you.
15609
15610
156117 Q. And so I'm clear, what you told me is you
15612
15613
156148 don't know, other than the fact that you first saw
15615
15616
156179 this person sending out Tweets after Ms. Scott
15618
15619
1562010 doxed a patriot.
15621
15622
1562311 A. Correct.
15624
15625
1562612 Q. And so the jury understands, dox means
15627
15628
1562913 disclosing the true identity of a Twitter account?
15630
15631
1563214 A. Yes.
15633
1563415 Q. And who is the, quote, unquote, patriot
15635
15636
1563716 we're talking about?
15638
15639
1564017 A. Stephen Hamilton.
15641
15642
1564318 Q. And do you have any understanding of why
15644
15645
1564619 Xav cares one bit about Stephen Hamilton?
15647
15648
1564920 A. No, not for sure, no.
15650
15651
1565221 Q. Do you have some idea about why Xav would
15653
15654
1565522 care about somebody named Stephen Hamilton?
15656
15657
1565823 A. He just cares about veterans in general,
15659
15660
1566124 is my understanding.
15662
15663
1566425 Q. So it's your testimony to the jury that
15665
15666202
15667
15668
15669
15670
156711 Xav spends his time going through Twitter looking
15672
15673
156742 for people harassing veterans and just happened to
15675
15676
156773 find Ms. Scott's Tweets?
15678
15679
156804 A. No, that's not my testimony either.
15681
15682
156835 Q. Okay. How is it that you think Xav found
15684
15685
156866 Ms. Scott's Tweets?
15687
15688
156897 A. She was Tweeting with someone he knows,
15690
15691
156928 Tweeting with people that he knows, you know.
15693
15694
156959 Q. Like you?
15696
15697
1569810 A. He follows stuff. I didn't know him
15699
15700
1570111 until then.
15702
15703
1570412 Q. How many members of GhostSec --
15705
15706
1570713 A. My recollection, that was how I first
15708
15709
1571014 came to know who he or anybody else in that
15711
1571215 group -- I've never even heard of GhostSec before.
15713
15714
1571516 Q. Even though you were a general partner of
15716
15717
1571817 a cybersecurity firm compiled of former GhostSec
15719
15720
1572118 members?
15722
15723
1572419 A. A year and a half later. Or a year
15725
15726
1572720 later. Yeah, 1/1/17.
15728
15729
1573021 Q. Right, that's when Cyber Ghost
15731
15732
1573322 Intelligence was formed.
15734
15735
1573623 A. Right.
15737
15738
1573924 Q. And you're aware that Commander Xavior
15740
15741
1574225 sent out Tweets about Ms. Scott's husband after
15743
15744203
15745
15746
15747
15748
157491 Ms. Scott made accusations about your husband,
15750
15751
157522 correct?
15753
15754
157553 A. That one came after the other?
15756
15757
157584 Q. Yes, ma'am.
15759
15760
157615 A. No. I didn't recall that it happened
15762
15763
157646 that way, no.
15765
15766
157677 Q. You're aware that Commander Xavior sent
15768
15769
157708 out Tweets about Ms. Scott's husband, correct?
15771
15772
157739 A. I saw those, yes.
15774
15775
1577610 Q. And obviously you've alleged that
15777
15778
1577911 Ms. Scott said some unfair and false things about
15780
15781
1578212 your husband, correct?
15783
15784
1578513 A. But I was in Jamaica when she said the
15786
15787
1578814 things she said about my husband.
15789
1579015 Q. That's fine.
15791
15792
1579316 A. The ones on Twitter, when she started
15794
15795
1579617 posting his name and basically doxed him when he's
15797
15798
1579918 not even on social media.
15800
15801
1580219 Q. Then can you help the jury and I
15803
15804
1580520 understand why it is that Xav decided to go after
15806
15807
1580821 Ms. Scott's husband after Ms. Scott made
15809
15810
1581122 statements about your husband?
15812
15813
1581423 A. Nope.
15815
15816
1581724 Q. Pure coincidence?
15818
15819
1582025 A. Yeah. It had to be, because I didn't
15821
15822204
15823
15824
15825
15826
158271 even know him then, or barely knew him then.
15828
15829
158302 Q. Well, which one is it, barely, or didn't?
15831
15832
158333 A. I'm trying to be accurate and honest.
15834
15835
158364 And to the best of my recollection, the first time
15837
15838
158395 that I ever even saw that Twitter account was
15840
15841
158426 October of 2017, or 2015, my apologies, when what
15843
15844
158457 you're describing happened, when Ms. Scott doxed
15846
15847
158488 my husband on Twitter, I was in Jamaica. So I
15849
15850
158519 don't know what else transpired there.
15852
15853
1585410 I think I saw and responded to a Tweet
15855
15856
1585711 somewhere. I noticed that they had done that to
15858
15859
1586012 Harry like when we were in the room for 30
15861
15862
1586313 seconds, and I went on about my vacation, though,
15864
15865
1586614 probably didn't have quite as good a time as I
15867
1586815 would have.
15869
15870
1587116 Q. I understood doxing was when you out the
15872
15873
1587417 true owner of a Twitter account. Am I using that
15875
15876
1587718 term correctly?
15878
15879
1588019 A. No.
15881
15882
1588320 Q. So when you said Ms. Scott doxed your
15884
15885
1588621 husband, what do you mean?
15887
15888
1588922 A. When you reveal the true identity of
15890
15891
1589223 anyone who's not known.
15893
15894
1589524 Q. So how did Ms. Scott dox your husband?
15896
15897
1589825 A. Nobody knew my husband's name on Twitter.
15899
15900205
15901
15902
15903
15904
159051 He's not on line anywhere.
15906
15907
159082 Q. Okay. I just wanted to make sure I
15909
15910
159113 understand how you used the term.
15912
15913
159144 A. And the other thing about doxing is if
15915
15916
159175 you post someone's identity in a way that's
15918
15919
159206 harassing, it's just as much a dox as anything is.
15921
15922
159237 Q. Okay. I want to ask you a couple
15924
15925
159268 questions about your financials.
15927
15928
159299 Did Buzz Strategies file tax returns at
15930
15931
1593210 any point?
15933
15934
1593511 A. Yes.
15936
15937
1593812 Q. Okay. And you have control over those
15939
15940
1594113 documents, correct?
15942
15943
1594414 A. I believe so.
15945
1594615 Q. And what was -- do you recall what Buzz
15947
15948
1594916 Strategies' income would have been in 2015?
15950
15951
1595217 A. What it would have been in 2015?
15953
15954
1595518 Q. What it was, I'm sorry.
15956
15957
1595819 A. Pretty sure it was zero, 2015.
15959
15960
1596120 Q. And what about 2016?
15962
15963
1596421 A. I don't recall. Stacey actually --
15965
15966
1596722 Stacey, Ms. Lennox has those. But if you're
15968
15969
1597023 looking for -- yeah, I don't know off the top of
15971
15972
1597324 my head.
15974
15975
1597625 Q. Did it make any money?
15977
15978206
15979
15980
15981
15982
159831 A. Some, yeah.
15984
15985
159862 Q. How much do you think it was?
15987
15988
159893 A. Don't know.
15990
15991
159924 Q. Do you know how much money Buzz
15993
15994
159955 Strategies made in 2017?
15996
15997
159986 A. I'm sorry?
15999
16000
160017 Q. Do you know how much money Buzz
16002
16003
160048 Strategies made in 2017?
16005
16006
160079 A. We might have -- we might be up to about
16008
16009
1601010 25 or $30,000, something like that.
16011
16012
1601311 Q. Okay.
16014
16015
1601612 A. I just pulled it yesterday.
16017
16018
1601913 Q. And is that more or less than in 2016?
16020
16021
1602214 A. It's more.
16023
1602415 Q. Okay. And how does Buzz Strategies pay
16025
16026
1602716 you? Distribution or salary, or --
16028
16029
1603017 A. Distribution.
16031
16032
1603318 Q. So you had K-1s in connection with your
16034
16035
1603619 personal tax returns?
16037
16038
1603920 A. Uh-huh. (Nods head affirmatively.)
16040
16041
1604221 Q. Yes?
16043
16044
1604522 A. Well, I didn't take anything from Buzz
16046
16047
1604823 Strategies.
16049
16050
1605124 Q. You've never received a distribution from
16052
16053
1605425 Buzz Strategies?
16055
16056207
16057
16058
16059
16060
160611 A. Never received a distribution from Buzz
16062
16063
160642 Strategies.
16065
16066
160673 Q. Including last year when Buzz Strategies
16068
16069
160704 made money?
16071
16072
160735 A. Uh-huh, yeah. Oh, wait, I just answered
16074
16075
160766 that wrong. In 2017 my distribution was I think
16077
16078
160797 3500 -- 3000, $3500.
16080
16081
160828 Q. Okay. And when was Buzz Strategies
16083
16084
160859 formed? Sometime in 2015?
16086
16087
1608810 A. Uh-huh.
16089
16090
1609111 Q. Do you recall what month?
16092
16093
1609412 A. I think July.
16095
16096
1609713 Q. All right.
16098
16099
1610014 (Defendant's Exhibit 45 marked)
16101
1610215 BY MR DAVIS:
16103
16104
1610516 Q. I'm going to mark 45 just for the record,
16106
16107
1610817 since I have it here with me.
16109
16110
1611118 I'm going to mark 46 --
16112
16113
1611419 (Defendant's Exhibit 46 marked)
16115
16116
1611720 BY MR DAVIS:
16118
16119
1612021 Q. 46 is your supplemental response to
16121
16122
1612322 Ms. Scott's request that you give her certain
16124
16125
1612623 documents. And attached are documents that in the
16127
16128
1612924 lower right-hand corner have the Bates labels
16130
16131
1613225 Plaintiff 142 to 166.
16133
16134208
16135
16136
16137
16138
161391 A. Yep.
16140
16141
161422 Q. Those documents starting on page
16143
16144
161453 Plaintiff 146 --
16146
16147
161484 A. Uh-huh.
16149
16150
161515 Q. -- include communications with 4 Tier
16152
16153
161546 Strategies, do you see that?
16155
16156
161577 A. Uh-huh.
16158
16159
161608 Q. Yes?
16161
16162
161639 A. Yes, I'm sorry.
16164
16165
1616610 Q. Do you have possession of any
16167
16168
1616911 communications with 4 Tier Strategies that were
16170
16171
1617212 not produced in connection with these documents
16173
16174
1617513 Bates labeled Plaintiff 142 to 166?
16176
16177
1617814 A. Can you ask your question again, please?
16179
1618015 Q. Here's what I'm trying to get at.
16181
16182
1618316 Obviously you've alleged Buzz Strategies' business
16184
16185
1618617 relationship with 4 Tier Strategies was impacted
16187
16188
1618918 because of Ms. Scott.
16190
16191
1619219 A. Uh-huh.
16193
16194
1619520 Q. Here's some emails you gave us where Buzz
16196
16197
1619821 Strategies and 4 Tier Strategies are e-mailing
16199
16200
1620122 back and forth. Are there more emails, or is this
16202
16203
1620423 it?
16205
16206
1620724 A. I've done several exhaustive searches.
16208
16209
1621025 This is all I can find.
16211
16212209
16213
16214
16215
16216
162171 Q. So if there were documents in which
16218
16219
162202 4 Tier Strategies said anything about Ms. Scott,
16221
16222
162233 they would be included in the documents you've
16224
16225
162264 given to Ms. Scott, correct?
16227
16228
162295 A. Yes.
16230
16231
162326 Q. And if there were any documents in which
16233
16234
162357 4 Tier Strategies decided in conjunction with Buzz
16236
16237
162388 Strategies to wind down fundraising operations, we
16239
16240
162419 would have copies of those, correct?
16242
16243
1624410 A. Yes.
16245
16246
1624711 Q. I want to ask you about 152 in the lower
16248
16249
1625012 right-hand corner. Do you see Ms. Lennox said,
16251
16252
1625313 I'm really tired of working for free.
16254
16255
1625614 A. Yeah.
16257
1625815 Q. Did Buzz Strategies ever receive any
16259
16260
1626116 money from 4 Tier Strategies?
16262
16263
1626417 A. No. None of the fundraising campaign
16265
16266
1626718 ever got off the ground, but just so you know,
16268
16269
1627019 that is a reference to Wayne Dupree. So she and I
16271
16272
1627320 knew what that meant, just so you know.
16274
16275
1627621 Q. All right, so Ms. Lennox said she was
16277
16278
1627922 tired of working for free with somebody named
16280
16281
1628223 Wayne Dupree; is that right?
16283
16284
1628524 A. She was talking about Wayne, yes.
16286
16287
1628825 Q. Why is it then that this document was
16289
16290210
16291
16292
16293
16294
162951 produced, since that person has nothing to do with
16296
16297
162982 this lawsuit?
16299
16300
163013 A. This was -- it was part of an email
16302
16303
163044 string. And when you cut a string my
16305
16306
163075 understanding is that it's altering a document,
16308
16309
163106 and I wasn't going to submit altered documents.
16311
16312
163137 Q. Then what does this document, this email
16314
16315
163168 string, have to do with this case?
16317
16318
163199 A. Ward and case study.
16320
16321
1632210 Q. Right, I see --
16323
16324
1632511 A. It's about Kelli Ward.
16326
16327
1632812 Q. I see that. So the word Ward is in the
16329
16330
1633113 subject line?
16332
16333
1633414 A. Yes.
16335
1633615 Q. And you said on page 152, quote, 100
16337
16338
1633916 hours are free for the first fundraising campaign.
16340
16341
1634217 Do you see that?
16343
16344
1634518 A. Uh-huh.
16346
16347
1634819 Q. Is that correct, that had you entered
16349
16350
1635120 into a fundraising campaign with 4 Tier Strategies
16352
16353
1635421 at least 100 hours would have been free?
16355
16356
1635722 A. I don't know what I was talking about
16358
16359
1636023 there.
16361
16362
1636324 Q. Well, you see that someone asked, Okay,
16364
16365
1636625 are the hundred hours free or invested in the
16367
16368211
16369
16370
16371
16372
163731 retainer, and you said 100 hours are free for the
16374
16375
163762 first fundraising campaign. You don't know what
16377
16378
163793 you meant?
16380
16381
163824 A. No.
16383
16384
163855 Q. Don't you think it would be reasonable to
16386
16387
163886 conclude that you meant the first fundraising
16389
16390
163917 campaign for Kelli Ward would involve 100 hours of
16392
16393
163948 free work?
16395
16396
163979 A. You can assume that. I would only be
16398
16399
1640010 assuming it. I don't know.
16401
16402
1640311 Q. I mean, you wrote it, so do you have any
16404
16405
1640612 other explanation for what it means?
16407
16408
1640913 A. I'm not going to guess.
16410
16411
1641214 Q. Do you have any other explanation for
16413
1641415 what that sentence could mean?
16415
16416
1641716 A. I don't have an explanation, period.
16418
16419
1642017 Q. All right. At the back there's what
16421
16422
1642318 looks like an Excel spreadsheet called Red Nation
16424
16425
1642619 Rising programatic costs.
16427
16428
1642920 A. Yep.
16430
16431
1643221 Q. Explain to me what this is, please.
16433
16434
1643522 A. This is a programatic budget for a
16436
16437
1643823 fundraising pitch.
16439
16440
1644124 Q. And is this document in some way
16442
16443
1644425 probative of money that you lost because Ms. Scott
16445
16446212
16447
16448
16449
16450
164511 interfered with Red Nation Rising in some way?
16452
16453
164542 A. Right, yeah. This is the ask that was
16455
16456
164573 out, it represents the ask that was out, or one of
16458
16459
164604 the asks that was out, you know. It was produced
16461
16462
164635 because it was part of the back and forth about
16464
16465
164666 the fundraising for Red Nation Rising.
16467
16468
164697 Q. So I want to make clear. Red Nation
16470
16471
164728 Rising was thinking about entering into a
16473
16474
164759 fundraising agreement with AppSame, correct? I'm
16476
16477
1647810 not trying to be difficult, I'm not sure --
16479
16480
1648111 A. No, you're misrepresenting it and I'm
16482
16483
1648412 trying to think of how to explain it so that it's
16485
16486
1648713 more accurate.
16488
16489
1649014 Red Nation Rising was approached by
16491
1649215 AppSame with a funding opportunity. The way that
16493
16494
1649516 happens, when that happens, you're given the
16496
16497
1649817 opportunity to provide a budget on what you'll
16499
16500
1650118 spend the money on. So I spent 150 hours working
16502
16503
1650419 on a budget and negotiating with the partner, and
16505
16506
1650720 this, that and the other thing. And at that point
16508
16509
1651021 you're -- if they like your budget, they will
16511
16512
1651322 donate the money. That's how fundraising works
16514
16515
1651623 typically.
16517
16518
1651924 Q. So document 164 to 166 is a budget you
16520
16521
1652225 created for AppSame where it made a proposal for
16523
16524213
16525
16526
16527
16528
165291 funding from Red Nation Rising?
16530
16531
165322 A. It's an operational budget for Red Nation
16533
16534
165353 Rising. The funding would come from AppSame.
16536
16537
165384 Q. And had that relationship gone forward,
16539
16540
165415 you think you would have gotten 10 percent of the
16542
16543
165446 funding.
16545
16546
165477 A. That was the discussions that we had,
16548
16549
165508 yeah.
16551
16552
165539 Q. And the budget is what, $408,000 to
16554
16555
1655610 847,000?
16557
16558
1655911 A. That was the first that was presented to
16560
16561
1656212 the partner. They over time had us increase it.
16563
16564
1656513 What happened was when that relationship was
16566
16567
1656814 severed, those email -- I don't have access to
16569
1657015 those emails anymore. I had a Red Nation Rising
16571
16572
1657316 email address.
16574
16575
1657617 Q. Okay. All right. Let me do a couple
16577
16578
1657918 more quick documents and then we'll be at a
16580
16581
1658219 stopping place, take a break.
16583
16584
1658520 (Defendant's Exhibit 47 marked)
16586
16587
1658821 BY MR. DAVIS:
16589
16590
1659122 Q. I'm going to mark 47 is your response to
16592
16593
1659423 Ms. Scott's second request for documents.
16595
16596
1659724 A. Uh-huh.
16598
16599
1660025 Q. In response to requests number 5, 6 and 7
16601
16602214
16603
16604
16605
16606
166071 you said more or less the same thing, which is the
16608
16609
166102 business relationship between Buzz Strategies and
16611
16612
166133 the J.D. Winteregg fundraising campaign dissolved
16614
16615
166164 before any of the requested documents could be
16617
16618
166195 signed. Do you see that?
16620
16621
166226 A. Uh-huh.
16623
16624
166257 Q. And is that accurate?
16626
16627
166288 A. I believe -- I believe that it is. I'm
16629
16630
166319 not -- but -- but I'm not positive, because more
16632
16633
1663410 than likely -- I'm not sure.
16635
16636
1663711 Q. So you're not sure, but you think so.
16638
16639
1664012 A. Right. At the moment.
16641
16642
1664313 Q. In response to request numbers 10 and 11
16644
16645
1664614 which are on pages 9 and 10, you said in words or
16647
1664815 substance, The business relationship between Buzz
16649
16650
1665116 Strategies and the Kelli Ward fundraising campaign
16652
16653
1665417 was suspended before any invoices between the
16655
16656
1665718 parties could be created. Do you see that?
16658
16659
1666019 A. Uh-huh.
16661
16662
1666320 Q. And is that statement correct?
16664
16665
1666621 A. That's just invoices. Because,
16667
16668
1666922 obviously -- yes.
16670
16671
1667223 Q. And you're right, I mean number 6 asks
16673
16674
1667524 about invoices specifically, but number 7 asks
16676
16677
1667825 about other documents and number 5 asks about
16679
16680215
16681
16682
16683
16684
166851 other documents. So is it true that there are no
16686
16687
166882 signed documents or invoices or receipts because
16689
16690
166913 the relationship was terminated before any of that
16692
16693
166944 stuff could be generated?
16695
16696
166975 A. Yes. I believe we may have a signed
16698
16699
167006 contract that we have not been able to locate yet.
16701
16702
167037 Q. But you don't have it.
16704
16705
167068 A. Right.
16707
16708
167099 (Defendant's Exhibit 48 marked)
16710
16711
1671210 BY MR. DAVIS:
16713
16714
1671511 Q. I'm going to show you what's marked as
16716
16717
1671812 Exhibit 48.
16719
16720
1672113 A. And I'm sorry, were we talking about Ward
16722
16723
1672414 or Winteregg?
16725
1672615 Q. The last line of questioning related to
16727
16728
1672916 Ward.
16730
16731
1673217 A. Okay. Ward, the signed contract is in
16733
16734
1673518 here, because you just showed it to me a minute
16736
16737
1673819 ago.
16739
16740
1674120 Q. So apparently your response to that
16742
16743
1674421 particular discovery request is just incorrect.
16745
16746
1674722 A. No. It just says invoices.
16748
16749
1675023 Q. Number 6 says invoices, number 5 says any
16751
16752
1675324 contract -- sorry, not number 5. Number 9. Never
16754
16755
1675625 mind, I withdraw the question. I got confused, a
16757
16758216
16759
16760
16761
16762
167631 lot of documents.
16764
16765
167662 (Defendant's Exhibit 48 marked)
16767
16768
167693 BY MR. DAVIS:
16770
16771
167724 Q. Exhibit 48, this is a document you
16773
16774
167755 produced Bates labeled Plaintiff 83 to 85 that
16776
16777
167786 purports to be an email from you to Stacey Lennox
16779
16780
167817 and Diane Beijer.
16782
16783
167848 A. Uh-huh.
16785
16786
167879 Q. Did you send this email?
16788
16789
1679010 A. Yes.
16791
16792
1679311 Q. Why?
16794
16795
1679612 A. Because I wanted to share my archive.
16797
16798
1679913 Q. Why?
16800
16801
1680214 A. Well, I believe because, for one with
16803
1680415 Ms. Lennox, because Ms. -- because your client has
16805
16806
1680716 some sort of contempt hearing against her or
16808
16809
1681017 something.
16811
16812
1681318 Q. How do you know about that?
16814
16815
1681619 A. She's my business partner.
16817
16818
1681920 Q. And why were you sharing your archives of
16820
16821
1682221 Ms. Scott's Tweets with Diane Beijer?
16823
16824
1682522 A. Can I be perfectly frank?
16826
16827
1682823 Q. I hope you will.
16829
16830
1683124 A. Victims have a right to do those sorts of
16832
16833
1683425 things.
16835
16836217
16837
16838
16839
16840
168411 Q. No, I mean you agree that Ms. Beijer is a
16842
16843
168442 victim of Ms. Scott.
16845
16846
168473 A. Absolutely. Absolutely.
16848
16849
168504 Q. Any other victims of Ms. Scott that you
16851
16852
168535 shared archives or information with?
16854
16855
168566 A. No.
16857
16858
168597 Q. No?
16860
16861
168628 A. I don't believe so. Maybe. Yeah,
16863
16864
168659 possibly, but I don't remember who. Potentially,
16866
16867
1686810 but I don't remember who.
16869
16870
1687111 Q. Why is it that you have possession --
16872
16873
1687412 well, first of all, the archives that are
16875
16876
1687713 reflected in Exhibit 48, did you archive all this
16878
16879
1688014 content?
16881
1688215 A. I have the list. I imagine probably.
16883
16884
1688516 Q. When did you start doing that?
16886
16887
1688817 A. I started archiving personally when she
16889
16890
1689118 -- probably when she contacted BB&T, somewhere
16892
16893
1689419 around there.
16895
16896
1689720 Q. That's roughly October of 2015?
16898
16899
1690021 A. December of 2015.
16901
16902
1690322 Q. December 2015, all right.
16904
16905
1690623 (Defendant's Exhibit 49 marked)
16907
16908
1690924 BY MR DAVIS:
16910
16911
1691225 Q. I'm going to show you what's marked as
16913
16914218
16915
16916
16917
16918
169191 Defendant's Exhibit 49. And is this a correct
16920
16921
169222 copy of a criminal warrant application you made to
16923
16924
169253 the Magistrate Court of Athens-Clarke County?
16926
16927
169284 A. Looks like it, yeah.
16929
16930
169315 Q. And why is it that you identified
16932
16933
169346 Mr. Bolenbaugh as a witness on this application?
16935
16936
169377 A. Because I believe he has more -- more
16938
16939
169408 knowledge and experience with -- I'm trying to --
16941
16942
169439 yeah. I just believe that he had the information
16944
16945
1694610 that I wanted shared with the judge.
16947
16948
1694911 Q. The basis for your criminal complaint in
16950
16951
1695212 Athens-Clarke County is that Ms. Scott and a
16953
16954
1695513 person named Sondra Whatley made a death threat to
16956
16957
1695814 you; is that right?
16959
1696015 A. That was the basis for the police report.
16961
16962
1696316 Q. Is there some other reason why you have
16964
16965
1696617 filed a criminal warrant application against
16967
16968
1696918 Ms. Scott in Athens-Clarke County?
16970
16971
1697219 A. Yes. My -- in talking to the clerk at
16973
16974
1697520 the magistrate's office, the purpose of the
16976
16977
1697821 warrant hearing is not the death threats or the
16979
16980
1698122 single instance -- the single incident, it's the
16982
16983
1698423 two plus years from December 3rd, 2015 to the
16985
16986
1698724 present, whenever the hearing actually happens,
16988
16989
1699025 because the last time I received a direct message
16991
16992219
16993
16994
16995
16996
169971 I believe from your client on Twitter I believe
16998
16999
170002 was just a few days ago. And --
17001
17002
170033 Q. Then why is it that you tried to get
17004
17005
170064 Ms. Scott arrested in September of 2017?
17007
17008
170095 A. I wasn't trying to get her arrested. I
17010
17011
170126 was reporting death threats. I didn't even --
17013
17014
170157 Q. As well as two years of harassment,
17016
17017
170188 correct?
17019
17020
170219 A. No. I was reporting the death threats.
17022
17023
1702410 I didn't even realize that it was Kathy until the
17025
17026
1702711 accounts continued, continued, continued, and she
17028
17029
1703012 started saying -- saying things that were in
17031
17032
1703313 filings that are not posted on line.
17034
17035
1703614 Q. All I'm trying to get at is why it is
17037
1703815 there's a -- what is the basis for the pending
17039
17040
1704116 criminal proceeding in Athens-Clarke County?
17042
17043
1704417 A. I just told you.
17045
17046
1704718 Q. I understand death threats. Is there any
17048
17049
1705019 other reason why there's a pending criminal action
17051
17052
1705320 in Athens-Clarke County?
17054
17055
1705621 A. Yes, I just told you.
17057
17058
1705922 Q. Which is what?
17060
17061
1706223 A. Two plus years of harassment from the
17063
17064
1706524 date in North Carolina to the present.
17066
17067
1706825 Q. And why is it that after two years you
17069
17070220
17071
17072
17073
17074
170751 decided to go initiate a criminal proceeding in
17076
17077
170782 Athens-Clarke County in September of 2017 during
17079
17080
170813 the middle of this civil lawsuit?
17082
17083
170844 A. I filed a civil lawsuit in April because
17085
17086
170875 things escalated in March. I theorized at that
17088
17089
170906 time -- I actually pretty much knew -- that the
17091
17092
170937 harassment that was coming from the two ladies it
17094
17095
170968 was coming from had been generated and
17097
17098
170999 precipitated and recruited by your client, and I
17100
17101
1710210 found out a couple of months ago that that's the
17103
17104
1710511 case, and you saw the evidence of that in our last
17106
17107
1710812 supplemental update. So I filed this case at that
17109
17110
1711113 time.
17112
17113
1711414 The harassment only escalated. It
17115
1711615 escalated to death threats. So yes, I filed this
17117
17118
1711916 report. When I went to the magistrate and told
17120
17121
1712217 them the story, they said, This needs to cover
17123
17124
1712518 this period. So that was the suggestion of the
17126
17127
1712819 magistrate.
17129
17130
1713120 Q. The clerk of the magistrate court.
17132
17133
1713421 A. Sure.
17135
17136
1713722 Q. Okay. So the reason why you initiated a
17138
17139
1714023 criminal action in Athens-Clarke County was
17141
17142
1714324 because of death threats you received, and it was
17144
17145
1714625 only on the legal advice of the clerk of the
17147
17148221
17149
17150
17151
17152
171531 magistrate court that you included the prior two
17154
17155
171562 years of quote unquote harassment.
17157
17158
171593 A. I would not categorize it as legal
17160
17161
171624 advice.
17163
17164
171655 Q. So remove the word legal from my
17166
17167
171686 question. The reason why you initiated a criminal
17169
17170
171717 action in Athens-Clarke County was because you
17172
17173
171748 received death threats, and the only reason why
17175
17176
171779 you referenced the prior two years of quote
17178
17179
1718010 unquote harassment is because of a recommendation
17181
17182
1718311 you received from the clerk; is that right?
17184
17185
1718612 A. That's not properly categorized either.
17187
17188
1718913 And I don't -- I give up.
17190
17191
1719214 Q. Well, you decided to file a civil lawsuit
17193
1719415 based on the two years of quote unquote
17195
17196
1719716 harassment, correct? You didn't in April of 2017
17198
17199
1720017 decide to go file a criminal complaint, right?
17201
17202
1720318 A. I don't know what you're asking me.
17204
17205
1720619 Q. Well, you sued Ms. Scott in civil court
17207
17208
1720920 for monetary damages, correct? That's why we're
17210
17211
1721221 here today.
17213
17214
1721522 A. You've read the complaint, correct?
17216
17217
1721823 Q. Yes.
17219
17220
1722124 A. It's not just monetary damages.
17222
17223
1722425 Q. What is it that you want from this
17225
17226222
17227
17228
17229
17230
172311 lawsuit besides money?
17232
17233
172342 A. I want her to stop. I want her to go
17235
17236
172373 away, never speak my name again.
17238
17239
172404 Q. What I'm trying to figure out is why you
17241
17242
172435 filed a criminal complaint during the middle of
17244
17245
172466 the civil lawsuit as opposed to just filing a
17247
17248
172497 criminal complaint originally.
17250
17251
172528 A. It's my right.
17253
17254
172559 Q. I understand you have the right to do it,
17256
17257
1725810 but why did you decide to exercise that right?
17259
17260
1726111 A. Can't explain.
17262
17263
1726412 Q. Um --
17265
17266
1726713 A. I -- never mind.
17268
17269
1727014 Q. The subject matter of the criminal
17271
1727215 complaint and this civil action overlap, correct?
17273
17274
1727516 A. That's a question for my lawyer.
17276
17277
1727817 Q. Well, in both cases you're complaining
17279
17280
1728118 about Ms. Scott's Twitter activity, correct?
17282
17283
1728419 A. Not just Twitter. On-line activity in
17285
17286
1728720 general.
17288
17289
1729021 Q. And you're complaining about Ms. Scott's
17291
17292
1729322 on-line activity in general covering the same
17294
17295
1729623 period of time in both the criminal case and the
17297
17298
1729924 civil case, correct?
17300
17301
1730225 A. Yes.
17303
17304223
17305
17306
17307
17308
173091 MR. DAVIS: Let's take a break, because I
17310
17311
173122 think we need to figure out where we're at
17313
17314
173153 timewise, and I'll plan accordingly.
17316
17317
173184 (Recess 4:25 p.m.-4:42 p.m.)
17319
17320
173215 BY MR. DAVIS:
17322
17323
173246 Q. All right. Before we left we were
17325
17326
173277 talking about the criminal action pending in
17328
17329
173308 Athens-Clarke County. I'm going to show you a
17331
17332
173339 document that's been marked as Exhibit 50 and I
17334
17335
1733610 have extra copies of these exhibits, finally.
17337
17338
1733911 And are the first two pages of Exhibit 50
17340
17341
1734212 a true and accurate depiction of a conversation
17343
17344
1734513 you had with another Twitter user that goes by the
17346
17347
1734814 name of Grok?
17349
1735015 A. Yes, pretty much.
17351
17352
1735316 Q. Does this reflect your recollection about
17354
17355
1735617 why you initiated a criminal action against
17357
17358
1735918 Ms. Scott during the pendency of this proceeding?
17360
17361
1736219 A. No.
17363
17364
1736520 Q. The third page --
17366
17367
1736821 A. This is not about Ms. Scott.
17369
17370
1737122 Q. You see where the very first Tweet from
17372
17373
1737423 Grok says, How unusual that a lawsuit Kathy Scott
17375
17376
1737724 is involved in results in interrogatories from
17378
17379
1738025 Scott asking about peeps the other party has never
17381
17382224
17383
17384
17385
17386
173871 heard of?
17388
17389
173902 A. Yes. And he mentioned Ms. Scott, not me.
17391
17392
173933 He also mentioned Neal Rauhauser. My comments are
17394
17395
173964 about Neal Rauhauser, not Ms. Scott.
17397
17398
173995 Q. You provided Ms. Scott's interrogatories
17400
17401
174026 in this case to this person named Grok, correct?
17403
17404
174057 A. I did not.
17406
17407
174088 Q. How did he get them?
17409
17410
174119 A. I may have -- I may have mentioned this
17412
17413
1741410 issue, but I do not believe I provided the
17415
17416
1741711 interrogatories themselves.
17418
17419
1742012 Q. But you discussed Ms. Scott's
17421
17422
1742313 interrogatories in this case with Grok?
17424
17425
1742614 A. Possibly, yeah.
17427
1742815 Q. Well, Grok is not a party to this
17429
17430
1743116 lawsuit. So do you have any other explanation of
17432
17433
1743417 how he'd know what written discovery was flowing
17435
17436
1743718 back and forth?
17438
17439
1744019 A. Yeah, well, I'm not denying that, you
17441
17442
1744320 know, possibly I discussed this issue with him,
17444
17445
1744621 you know, this very -- that very narrow single
17447
17448
1744922 issue.
17450
17451
1745223 Q. That's all you discussed about this case
17453
17454
1745524 with Grok?
17456
17457
1745825 A. I'm not saying that either.
17459
17460225
17461
17462
17463
17464
174651 Q. But you did make a point, though, of
17466
17467
174682 saying I only discussed this very narrow issue.
17469
17470
174713 A. I'm not denying that I have discussed
17472
17473
174744 things about this case with Grok.
17475
17476
174775 Q. What other Twitter users did you discuss
17478
17479
174806 this case with besides Grok?
17481
17482
174837 A. When you say Twitter users, that's people
17484
17485
174868 that I don't know in real life?
17487
17488
174899 Q. Sure, people on Twitter.
17490
17491
1749210 A. I can't think of a Twitter -- just a
17493
17494
1749511 Twitter user that I know that I don't know in real
17496
17497
1749812 life that I've discussed the case with.
17499
17500
1750113 Q. Well, you discussed the case with
17502
17503
1750414 Ms. Lennox, didn't you?
17505
1750615 A. She is a business partner and friend.
17507
17508
1750916 Q. And you're aware that Ms. Lennox is
17510
17511
1751217 active on Twitter, are you not?
17513
17514
1751518 A. That's not -- I discussed this case with
17516
17517
1751819 my friends, my family, that they may or may not
17519
17520
1752120 use Twitter. People that I only know on Twitter
17522
17523
1752421 that are not friends and family, of those people,
17525
17526
1752722 Grok is the only one that I can think of right now
17528
17529
1753023 I've ever discussed the case with at all.
17531
17532
1753324 Q. When you say friends, who are you
17534
17535
1753625 referring to?
17537
17538226
17539
17540
17541
17542
175431 A. You want to know my friends and family
17544
17545
175462 that I've discussed this case with?
17547
17548
175493 Q. Yes, ma'am.
17550
17551
175524 A. Stacey Lennox, Diane Beijer, Jodi Magera.
17553
17554
175555 Q. J.D.?
17556
17557
175586 A. No. I don't talk about the case with
17559
17560
175617 J.D.
17562
17563
175648 Q. Going back to Exhibit 50, the third page
17565
17566
175679 purports to be an order from the Athens-Clarke
17568
17569
1757010 County Magistrate Court.
17571
17572
1757311 A. Yes.
17574
17575
1757612 MR. LOTT: Can I ask a question just
17577
17578
1757913 for --
17580
17581
1758214 MR. DAVIS: Sure.
17583
1758415 MR. LOTT: -- a number of purposes? This
17585
17586
1758716 is all one exhibit?
17588
17589
1759017 MR. DAVIS: Yeah, it's an exhibit of
17591
17592
1759318 different documents.
17594
17595
1759619 BY MR. DAVIS:
17597
17598
1759920 Q. So does this order from Athens-Clarke
17600
17601
1760221 County appear to be what transpired in connection
17603
17604
1760522 with proceedings in Athens-Clarke County
17606
17607
1760823 Magistrate Court in January of this year?
17609
17610
1761124 A. Yes, pretty much.
17612
17613
1761425 Q. And the next three pages of Exhibit 50
17615
17616227
17617
17618
17619
17620
176211 are what appears to be a complaint filed with the
17622
17623
176242 Athens-Clarke County Police Department. Is this
17625
17626
176273 an accurate representation of the complaint -- a
17628
17629
176304 complaint that you made to Athens-Clarke County?
17631
17632
176335 A. No.
17634
17635
176366 Q. It's not?
17637
17638
176397 A. It is not. It is three pages of six or
17640
17641
176428 seven.
17643
17644
176459 Q. Well, you see at the bottom it says page
17646
17647
1764810 1 of 3, page 2 of 3 and page 3 of 3?
17649
17650
1765111 A. Yeah. This is not the full complete
17652
17653
1765412 updated report, sorry.
17655
17656
1765713 Q. Yeah, right, because when you originally
17658
17659
1766014 filed your complaint you never named Ms. Scott,
17661
1766215 but you subsequently amended it to add Ms. Scott
17663
17664
1766516 to the complaint, correct?
17666
17667
1766817 A. Yes. We discussed that earlier, and the
17669
17670
1767118 reason.
17672
17673
1767419 Q. And the reason was because you allegedly
17675
17676
1767720 found out that Ms. Scott was responsible for
17678
17679
1768021 another person giving you a death threat, correct?
17681
17682
1768322 A. That wasn't my testimony.
17684
17685
1768623 Q. How is it that you think you know
17687
17688
1768924 Ms. Scott and Ms. Whatley are connected?
17690
17691
1769225 A. I didn't necessarily know that.
17693
17694228
17695
17696
17697
17698
176991 Q. Do you believe that Ms. Scott and
17700
17701
177022 Ms. Whatley are connected?
17703
17704
177053 A. I do now, yes.
17706
17707
177084 Q. Based on what?
17709
17710
177115 A. Based on Twitter activity.
17712
17713
177146 Q. What Tweets?
17715
17716
177177 A. There are several accounts. The account
17718
17719
177208 that was coming at me that night, the Duck
17721
17722
177239 account, another one called Undoxable Bureau.
17724
17725
1772610 Those are the two that I can remember off the top
17727
17728
1772911 of my head.
17730
17731
1773212 Q. And what about the Tweets from those
17733
17734
1773513 accounts leads you to believe that Ms. Scott and
17736
17737
1773814 Ms. Whatley have anything to do with one another?
17739
1774015 A. We talked about my talent for intel
17741
17742
1774316 analysis. That's pretty much it.
17744
17745
1774617 Q. You've alleged she committed a crime, and
17747
17748
1774918 I'm asking you what the evidence to support that
17750
17751
1775219 allegation is, and I don't need facile answers
17753
17754
1775520 about I'm an expert.
17756
17757
1775821 What Tweets specifically allow you to
17759
17760
1776122 conclude that Ms. Scott and Ms. Whatley have
17762
17763
1776423 anything to do with one another?
17765
17766
1776724 A. The way that they interacted in accounts
17768
17769
1777025 that I believed were Ms. Scott, believe were
17771
17772229
17773
17774
17775
17776
177771 Ms. Scott. The accounts are gone.
17778
17779
177802 Q. So do you have possession or a copy of
17781
17782
177833 any of the Tweets we're talking about?
17784
17785
177864 A. Yeah, there are archives.
17787
17788
177895 Q. Where are -- have those archives been
17790
17791
177926 produced in connection with this lawsuit?
17793
17794
177957 A. No, they haven't. Archives are public.
17796
17797
177988 You guys can go get them.
17799
17800
178019 Q. And how would we find out the web
17802
17803
1780410 address?
17805
17806
1780711 A. You don't have to know the web address.
17808
17809
1781012 The site is searchable.
17811
17812
1781313 Q. What is the site? What search terms
17814
17815
1781614 would I use to find the site?
17817
1781815 A. It's archive.is.
17819
17820
1782116 Q. There's a lot of webpages on archive.is.
17822
17823
1782417 So how would I find the particular page that has
17825
17826
1782718 anything to do with what I'm asking you about?
17828
17829
1783019 A. Use the search term in the search bar.
17831
17832
1783320 Q. And the search terms I would use to find
17834
17835
1783621 the Tweets you're talking about are what?
17837
17838
1783922 A. You can search for my Twitter names and
17840
17841
1784223 all of those accounts come up, because they tagged
17843
17844
1784524 me prolifically.
17846
17847
1784825 Q. Who is Ducky?
17849
17850230
17851
17852
17853
17854
178551 A. Ducky's a persona that's covered by
17856
17857
178582 several people.
17859
17860
178613 Q. And you believe Ms. Scott is one of those
17862
17863
178644 people?
17865
17866
178675 A. I do.
17868
17869
178706 Q. And you believe that other people use the
17871
17872
178737 name Ducky on line, correct?
17874
17875
178768 A. I do.
17877
17878
178799 Q. All right. So if you have any knowledge
17880
17881
1788210 that any particular web traffic originating from
17883
17884
1788511 Ducky is attributable to Ms. Scott?
17886
17887
1788812 A. I do.
17889
17890
1789113 Q. And what is that?
17892
17893
1789414 A. Undoxable Bureau, and the account that
17895
1789615 came at me that night that I can't remember the
17897
17898
1789916 name of right at the moment.
17900
17901
1790217 Q. Did Buzz Strategies ever register with
17903
17904
1790518 the FEC?
17906
17907
1790819 A. No.
17909
17910
1791120 Q. Do you know Tracy Glass?
17912
17913
1791421 A. No.
17915
17916
1791722 Q. Do you know how it is that Tracy Glass
17918
17919
1792023 knows you?
17921
17922
1792324 A. No.
17924
17925
1792625 Q. Do you know if Stacey Lennox ever had a
17927
17928231
17929
17930
17931
17932
179331 criminal charge brought against her in connection
17934
17935
179362 with an alleged scam involving fundraising for a
17937
17938
179393 cancer victim in North Carolina?
17940
17941
179424 A. She did not.
17943
17944
179455 Q. You're aware that an allegation was made
17946
17947
179486 that she was somehow involved with a scam
17949
17950
179517 involving --
17952
17953
179548 A. I am.
17955
17956
179579 Q. Okay. But to your knowledge no criminal
17958
17959
1796010 charges were brought.
17961
17962
1796311 A. No. I've seen the reports. She was paid
17964
17965
1796612 restitution for that.
17967
17968
1796913 Q. Ms. Lennox was paid restitution.
17970
17971
1797214 A. Ms. Lennox was paid restitution by the
17973
1797415 person who actually perpetrated that crime, yet
17975
17976
1797716 some people won't accept that.
17978
17979
1798017 Q. Do you know what the hashtag Quack means?
17981
17982
1798318 A. Yes.
17984
17985
1798619 Q. What does it mean?
17987
17988
1798920 A. It is a reference to Ducky.
17990
17991
1799221 Q. So if we see #quack in Tweets that you
17993
17994
1799522 sent, you're talking about Ducky?
17996
17997
1799823 A. Could be, or someone acting like Ducky.
17999
18000
1800124 Q. Well, is there a person that is Ducky, or
18002
18003
1800425 is Ducky a Twitter account that multiple people
18005
18006232
18007
18008
18009
18010
180111 use?
18012
18013
180142 A. Neither.
18015
18016
180173 Q. What is the other alternative?
18018
18019
180204 A. It's a persona that multiple people use
18021
18022
180235 in dozens of Twitter accounts.
18024
18025
180266 Q. I understand your point.
18027
18028
180297 The last page of Exhibit 50, is this a
18030
18031
180328 Tweet you sent?
18033
18034
180359 A. Oh, that's here? Yep.
18036
18037
1803810 Q. Okay.
18039
18040
1804111 (Defendant's Exhibit 51 marked)
18042
18043
1804412 BY MR. DAVIS:
18045
18046
1804713 Q. I show you a composite document we'll
18048
18049
1805014 mark as Exhibit 51. Did you send the Tweet at the
18051
1805215 top of the first page of Exhibit 51?
18053
18054
1805516 A. Something doesn't look quite right about
18056
18057
1805817 this Tweet, but I'm not saying that it's -- I'm
18059
18060
1806118 not sure.
18062
18063
1806419 Q. You didn't archive your Tweets, correct?
18065
18066
1806720 A. Yeah, I do.
18068
18069
1807021 Q. You do?
18071
18072
1807322 A. I do.
18074
18075
1807623 Q. So where can I find all the Tweets from
18077
18078
1807924 @belle_river?
18080
18081
1808225 A. Archive.is, go to the blue search bar and
18083
18084233
18085
18086
18087
18088
180891 put @belle_river and search for it.
18090
18091
180922 Q. Okay. The next page of Exhibit 51, did
18093
18094
180953 you send this Tweet?
18096
18097
180984 A. Yes.
18099
18100
181015 Q. Explain to the jury what the difference
18102
18103
181046 between the dark net and the deep web are.
18105
18106
181077 A. The deep web is not -- those are websites
18108
18109
181108 you can't find on search engines. In the HTML
18111
18112
181139 code, you can place the code that tells search
18114
18115
1811610 engines not to search for a page, and it will
18117
18118
1811911 never show up on a search engine.
18120
18121
1812212 The dark net is actually a separate
18123
18124
1812513 hidden internet.
18126
18127
1812814 Q. And you have the expertise and requisite
18129
1813015 knowledge to access the dark net.
18131
18132
1813316 A. It doesn't take an expertise or requisite
18134
18135
1813617 knowledge to access the dark net.
18137
18138
1813918 Q. Well, I think the jury will understand
18140
18141
1814219 that all I was asking you is can you access the
18143
18144
1814520 dark net?
18146
18147
1814821 A. Pretty much anyone can access the dark
18149
18150
1815122 net.
18152
18153
1815423 Q. Well, I have absolutely no idea how to do
18155
18156
1815724 it. So can you access it?
18158
18159
1816025 A. Sure, lots of people can.
18161
18162234
18163
18164
18165
18166
181671 Q. That wasn't my question, but thank you
18168
18169
181702 for that extra answer.
18171
18172
181733 Despite the fact that you know the
18174
18175
181764 difference between the dark net and the dark web
18177
18178
181795 and you can access the dark web, it's your
18180
18181
181826 contention that you've never sent anonymous Tweets
18183
18184
181857 at Ms. Scott from an account not bearing your
18186
18187
181888 name?
18189
18190
181919 A. Never sent Tweets at her from an account
18192
18193
1819410 not bearing my name. I am fairly certain that is
18195
18196
1819711 true.
18198
18199
1820012 Q. But you did send accounts about her from
18201
18202
1820313 a Twitter account not bearing your name; is that
18204
18205
1820614 right?
18207
1820815 A. Only the one that was disclosed to you in
18209
18210
1821116 my -- in discovery.
18212
18213
1821417 Q. What account is that?
18215
18216
1821718 A. I believe it was StJensTorch.
18218
18219
1822019 Q. The next page of Exhibit 51 --
18221
18222
1822320 A. And just to add, that's to the best of my
18224
18225
1822621 recollection. I've not Tweeted at Ms. Scott from
18227
18228
1822922 sock accounts or accounts that don't bear my name
18230
18231
1823223 or aren't known to be me.
18233
18234
1823524 Q. The next page of Exhibit 51, did you send
18236
18237
1823825 this Tweet on December 31st, 2017 saying that you
18239
18240235
18241
18242
18243
18244
182451 and Dan were protected by a DOD NDA?
18246
18247
182482 A. Where is that?
18249
18250
182513 Q. Page 3 of Exhibit 51.
18252
18253
182544 A. No, I'm not saying that -- no, that's not
18255
18256
182575 what I'm saying.
18258
18259
182606 Q. Here's my question. Did you send this
18261
18262
182637 Tweet?
18264
18265
182668 A. Yeah, I sent this Tweet.
18267
18268
182699 Q. That's my only question. And Dan is Dan
18270
18271
1827210 Wright?
18273
18274
1827511 A. Yes.
18276
18277
1827812 Q. Okay.
18279
18280
1828113 A. You've misinterpreted that Tweet.
18282
18283
1828414 Q. I didn't interpret it. The only thing I
18285
1828615 asked you was did you send that Tweet.
18287
18288
1828916 A. Okay.
18290
18291
1829217 Q. Dan is Dan Wright, you said that.
18293
18294
1829518 A. Yep.
18296
18297
1829819 Q. Let's skip ahead of that in Exhibit 51 to
18299
18300
1830120 this page right here. And this page appears to be
18302
18303
1830421 a post you made on a LinkedIn account saying Kathy
18305
18306
1830722 Scott violated Georgia law which then quotes
18308
18309
1831023 O.C.G.A. 16-5-90. Did you post that on the
18311
18312
1831324 internet?
18314
18315
1831625 A. Yep.
18317
18318236
18319
18320
18321
18322
183231 Q. Do you know when?
18324
18325
183262 A. 2015.
18327
18328
183293 Q. Next page --
18330
18331
183324 A. I'm sorry, this was posted on the blog
18333
18334
183355 that -- I believe it was experiment blog.
18336
18337
183386 Q. That's fine. In any event, you posted on
18339
18340
183417 the internet that Kathy Scott was violating
18342
18343
183448 Georgia law and then you quoted O.C.G.A. 16-5-90,
18345
18346
183479 correct?
18348
18349
1835010 A. Yes.
18351
18352
1835311 Q. Next page, did you send the Tweet that
18354
18355
1835612 uses the phrase, quote, certain obsessed physcos
18357
18358
1835913 [sic]?
18360
18361
1836214 A. Yeah.
18363
1836415 Q. Next page, did you send this Tweet?
18365
18366
1836716 A. Yes.
18368
18369
1837017 Q. Next page, there's a Tweet that says,
18371
18372
1837318 Intimidated me more trying to get OpKkk to believe
18374
18375
1837619 I am a neo-nazi and wreck me, but that didn't work
18377
18378
1837920 either.
18380
18381
1838221 Did you send that Tweet?
18383
18384
1838522 A. Yes.
18386
18387
1838823 Q. Next page, quote, I actually get PR,
18389
18390
1839124 close quote, did you send that Tweet?
18392
18393
1839425 A. Yeah.
18395
18396237
18397
18398
18399
18400
184011 Q. Next page, quote, She's hilarious. You
18402
18403
184042 just don't get her. Lighten up cupcake, close
18405
18406
184073 quote. Did you send that Tweet?
18408
18409
184104 A. Yeah.
18411
18412
184135 Q. Next page there's a Tweet that says,
18414
18415
184166 quote, I issued a press release in response to a
18417
18418
184197 media appearance, close quote.
18420
18421
184228 Did you send that Tweet?
18423
18424
184259 A. You're too far ahead of me. I don't know
18426
18427
1842810 where you are.
18429
18430
1843111 Q. The bottom underneath the picture of
18432
18433
1843412 Jiminy Cricket. You're on the right page, next to
18435
18436
1843713 last Tweet. Quote, I did not write a story,
18438
18439
1844014 period. I issued a press release in response to
18441
1844215 a --
18443
18444
1844516 A. Yep, that was me.
18446
18447
1844817 Q. The next page, there's towards the top a
18449
18450
1845118 Tweet that says, Loyalty is Royalty! Do you see
18452
18453
1845419 that?
18455
18456
1845720 A. Yes.
18458
18459
1846021 Q. And did you send this Tweet?
18461
18462
1846322 A. Yes.
18464
18465
1846623 Q. And why did you send this Tweet to
18467
18468
1846924 @C4T_F1SH?
18470
18471
1847225 A. As you can see, that is a follow Friday
18473
18474238
18475
18476
18477
18478
184791 reply. So someone had tagged me and then followed
18480
18481
184822 Friday, and I replied with a followed Friday, and
18483
18484
184853 just in a phrase that was top of mind, for some
18486
18487
184884 reason.
18489
18490
184915 Q. I mean, I have no idea what #FF is, so
18492
18493
184946 what's that?
18495
18496
184977 A. It's a followed Friday.
18498
18499
185008 Q. What does that mean?
18501
18502
185039 A. Followed Friday. You're telling people
18504
18505
1850610 who follow you to follow these people on Twitter.
18507
18508
1850911 Q. So what you're saying to people on
18510
18511
1851212 Twitter is if you read my Tweets you should also
18513
18514
1851513 read of these other people, is that right?
18516
18517
1851814 A. Sure, yeah.
18519
1852015 Q. I mean, neither the jury nor I are
18521
18522
1852316 conversant in how Twitter works, so I don't think
18524
18525
1852617 it's obvious as far as laughing at it.
18527
18528
1852918 A. I'm not laughing at you. I thought it
18530
18531
1853219 was a humorous explanation. My apologies.
18533
18534
1853520 Q. But you think that explanation is roughly
18536
18537
1853821 accurate?
18539
18540
1854122 A. Yeah, it's absolutely accurate.
18542
18543
1854423 Q. I want to show you what's marked as
18545
18546
1854724 Exhibit 52.
18548
18549
1855025 (Defendant's Exhibit 52 marked)
18551
18552239
18553
18554
18555
18556
185571 BY MR DAVIS:
18558
18559
185602 Q. 52 is another composite document. Page 2
18561
18562
185633 is the dismissal of the charges you brought
18564
18565
185664 against Ms. Scott in North Carolina. Had you seen
18567
18568
185695 this prior to our giving you a copy of it?
18570
18571
185726 A. Not prior to you providing a copy, no.
18573
18574
185757 Q. And the next page purports to be an order
18576
18577
185788 from the State of North Carolina denying your
18579
18580
185819 request for a no contact order against Ms. Scott.
18582
18583
1858410 Have you seen this before?
18585
18586
1858711 A. Yes.
18588
18589
1859012 Q. And is it accurate that the State of
18591
18592
1859313 North Carolina declined to issue a no contact
18594
18595
1859614 order against Ms. Scott for cyberstalking?
18597
1859815 A. It is.
18599
18600
1860116 Q. Okay. And the next two pages purport to
18602
18603
1860417 be a complaint seeking a no contact order. Is
18605
18606
1860718 this the complaint you filed in North Carolina
18608
18609
1861019 against Ms. Scott?
18611
18612
1861320 A. I assume it is. This is not anything
18614
18615
1861621 that I've ever seen before.
18617
18618
1861922 Q. Flip ahead of that. So that page.
18620
18621
1862223 A. This?
18623
18624
1862524 Q. Complaint. (Indicating.) Go up one more
18626
18627
1862825 page. Go up one more page.
18629
18630240
18631
18632
18633
18634
186351 A. This?
18636
18637
186382 Q. Yeah. Is that and the next page a copy
18639
18640
186413 of the complaint you filed in North Carolina
18642
18643
186444 against Ms. Scott?
18645
18646
186475 A. Yes.
18648
18649
186506 Q. And does your signature appear on the
18651
18652
186537 next page?
18654
18655
186568 A. Yes.
18657
18658
186599 Q. Then you contend Ms. Scott cyberharassed
18660
18661
1866210 you, even though the State of North Carolina
18663
18664
1866511 declined to issue a no contact order and dismissed
18666
18667
1866812 the criminal charges against her, correct?
18669
18670
1867113 A. Yes.
18672
18673
1867414 Q. And you made that accusation publicly,
18675
1867615 correct?
18677
18678
1867916 A. Probably. I don't know. I could have.
18680
18681
1868217 Q. Well, you definitely called Ms. Scott a
18683
18684
1868518 stalker on line, haven't you?
18686
18687
1868819 A. You haven't shown me anything where I was
18689
18690
1869120 talking about her, no.
18692
18693
1869421 Q. So if I don't show you the Tweet you have
18695
18696
1869722 no idea if you sent it?
18698
18699
1870023 A. Well, no, that's not what I said. I'm
18701
18702
1870324 saying the Tweets that you showed me, no one was
18704
18705
1870625 mentioned.
18707
18708241
18709
18710
18711
18712
187131 Q. Did you ever call Ms. Scott a stalker on
18714
18715
187162 the internet?
18717
18718
187193 A. I could have.
18720
18721
187224 Q. Did you?
18723
18724
187255 A. I could have.
18726
18727
187286 Q. I know that you could have. Anything
18729
18730
187317 could have happened.
18732
18733
187348 Do you recall calling Ms. Scott a stalker
18735
18736
187379 on the internet?
18738
18739
1874010 A. I recall, and I can specifically recall
18741
18742
1874311 calling her an alleged cyber stalker.
18744
18745
1874612 Q. Oh, that was prudent. But you don't
18747
18748
1874913 recall calling her an actual stalker.
18750
18751
1875214 A. I'm not denying it.
18753
1875415 (Defendant's Exhibit 53 marked)
18755
18756
1875716 BY MR. DAVIS:
18758
18759
1876017 Q. All right. I'm going to show you what's
18761
18762
1876318 been marked as Exhibit 53. Did you send the Tweet
18764
18765
1876619 on the first page of Exhibit 53?
18767
18768
1876920 A. It's my Twitter account, but I can't tell
18770
18771
1877221 what that Tweet is. It's cut off.
18773
18774
1877522 Q. This Tweet right here that says I really
18776
18777
1877823 am a geek, I just don't play one on Twitter.
18779
18780
1878124 A. That's not a Tweet. That's my profile.
18782
18783
1878425 Q. Okay, so that is your profile, I
18785
18786242
18787
18788
18789
18790
187911 misspoke. I'm sure the jury knew that. #InfoSec
18792
18793
187942 means what, information security?
18795
18796
187973 A. Yes.
18798
18799
188004 Q. And #INT means what?
18801
18802
188035 A. On-line intel.
18804
18805
188066 Q. And --
18807
18808
188097 A. Personal intel.
18810
18811
188128 Q. And #Linux refers to some operating
18813
18814
188159 system for people who use computers that are more
18816
18817
1881810 sophisticated than those of us who use Microsoft
18819
18820
1882111 Office?
18822
18823
1882412 A. Yes.
18825
18826
1882713 Q. And what does #ENTJ mean?
18828
18829
1883014 A. Myers-Briggs.
18831
1883215 Q. The next page of Exhibit 53, the top is
18833
18834
1883516 also an accurate representation of a profile on a
18836
18837
1883817 Twitter account you have, correct?
18839
18840
1884118 A. It's more -- yeah, it's from a different
18842
18843
1884419 time, yes.
18845
18846
1884720 Q. And what does #Ubuntu mean?
18848
18849
1885021 A. It's a Linux operating system.
18851
18852
1885322 Q. And what does #CyberNinja is sidekick
18854
18855
1885623 mean?
18857
18858
1885924 A. It's a joke.
18860
18861
1886225 Q. Okay. And I assume, quote, I block
18863
18864243
18865
18866
18867
18868
188691 eyeballs, close quote, means that you are
18870
18871
188722 proficient in maintaining anonymity on line?
18873
18874
188753 A. No.
18876
18877
188784 Q. What does it mean?
18879
18880
188815 A. I knew that was going to be -- there is a
18882
18883
188846 group of trolls that use eyeballs to troll people.
18885
18886
188877 I blocked them. That's all it means.
18888
18889
188908 Q. All right. The next page of Exhibit 53
18891
18892
188939 is an article that a member of GhostSec gave to
18894
18895
1889610 the magazine called security affairs. Were you
18897
18898
1889911 the person that gave this interview?
18900
18901
1890212 A. We've spoke about how I can't identify if
18903
18904
1890513 or which accounts I used at any time as part of
18906
18907
1890814 this.
18909
1891015 Q. And how would disclosing whether you gave
18911
18912
1891316 this interview violate your department of defense
18914
18915
1891617 NDA?
18917
18918
1891918 A. Well, for one thing it would put my life
18920
18921
1892219 in danger. So if you'd like for -- like some
18923
18924
1892520 other people like to do, put my name out there in
18926
18927
1892821 conjunction with certain identities that could get
18929
18930
1893122 me killed, then sure, let's go ahead and do that.
18932
18933
1893423 Q. So you're declining to identify whether
18935
18936
1893724 you're the person who gave this interview because
18938
18939
1894025 your subject to a nondisclosure agreement.
18941
18942244
18943
18944
18945
18946
189471 A. Yeah.
18948
18949
189502 Q. Okay. So we'll address that like we did
18951
18952
189533 the other issue that came up with the
18954
18955
189564 nondisclosure agreement. Is that fair?
18957
18958
189595 A. Sure.
18960
18961
189626 Q. All right. This interview says, quote,
18963
18964
189657 One thing I will say that I do is jack Twitter
18966
18967
189688 accounts, close quote.
18969
18970
189719 Is that one thing you can do?
18972
18973
1897410 A. No, I've never jacked a Twitter account.
18975
18976
1897711 Q. All right. Skipping ahead after the
18978
18979
1898012 article on Exhibit 53 there's a Tweet from
18981
18982
1898313 AnOnCyberGhost that says, I'm back. Do you see
18984
18985
1898614 that?
18987
1898815 A. Yes.
18989
18990
1899116 Q. And do you know who sent this Tweet?
18992
18993
1899417 A. AnOnCyberGhost.
18995
18996
1899718 Q. And do you know who the person or persons
18998
18999
1900019 affiliated with AnOnCyberGhost are?
19001
19002
1900320 A. No.
19004
19005
1900621 Q. Okay. You do believe that the person or
19007
19008
1900922 persons affiliated this Twitter account are former
19010
19011
1901223 GhostSec members, don't you?
19013
19014
1901524 A. Yes.
19016
19017
1901825 Q. And why is that?
19019
19020245
19021
19022
19023
19024
190251 A. Because this Twitter account was always
19026
19027
190282 listed as a GhostSec member on line.
19029
19030
190313 Q. Okay. The next page there's some more
19032
19033
190344 Tweets from AnOnCyberGhost, and you see how the
19035
19036
190375 second and third Tweets quote from the press
19038
19039
190406 release you issued about Ms. Scott?
19041
19042
190437 A. Yeah, do they? It's so blurry, I can't
19044
19045
190468 tell.
19047
19048
190499 Q. Well, I can read it. The second Tweet
19050
19051
1905210 says, The behavior by four accounts that are
19053
19054
1905511 believed to be Kathy Scott @DakotaFreePress
19056
19057
1905812 @womanspartyUSA @1000Girlfriends and
19059
19060
1906113 @manmobTweeters includes pretending to be a
19062
19063
1906414 14-year-old, et cetera, et cetera.
19065
1906615 You recall that as being part of your
19067
19068
1906916 press release, correct?
19070
19071
1907217 A. Yes.
19073
19074
1907518 Q. Do you have any idea how this member of
19076
19077
1907819 GhostSec got a press release you wrote about Kathy
19079
19080
1908120 Scott?
19082
19083
1908421 A. It's right here. AltConRadio.com had it
19085
19086
1908722 posted.
19088
19089
1909023 Q. Well, you think that this person got this
19091
19092
1909324 article from AltConRadio.com and published it, as
19094
19095
1909625 opposed to getting it directly from you?
19097
19098246
19099
19100
19101
19102
191031 A. I know that he did.
19104
19105
191062 Q. Just because the phrase AltConRadio.com
19107
19108
191093 is linked here?
19110
19111
191124 A. He didn't get it directly from me.
19113
19114
191155 Q. And you think this person went to
19116
19117
191186 AltConRadio.com, found your press release and
19119
19120
191217 re-Tweeted part of it because Ms. Scott doxed a
19122
19123
191248 patriot; is that right?
19125
19126
191279 A. No. The first time I noticed this person
19128
19129
1913010 or had ever seen them before in my entire life, he
19131
19132
1913311 was responding to her dox of a veteran. A Naval
19134
19135
1913612 veteran, to be exact.
19137
19138
1913913 Q. Do you have some understanding of why it
19140
19141
1914214 is that AnonCyberGhost is sending out Tweets about
19143
1914415 Ms. Scott quoting a press release that you wrote
19145
19146
1914716 that would not be explained by you coordinating
19148
19149
1915017 with this person?
19151
19152
1915318 A. Yes, I have plenty of explanations for
19154
19155
1915619 him.
19157
19158
1915920 Q. Explain that to us.
19160
19161
1916221 A. There were other people Tweeting that
19163
19164
1916522 from this exact URL. If it were my blog, if it
19166
19167
1916823 were my URL, it might make more sense for you to
19169
19170
1917124 say that I coordinated with them. What you're
19172
19173
1917425 trying to say makes absolutely no sense
19175
19176247
19177
19178
19179
19180
191811 whatsoever.
19182
19183
191842 Q. Well, it would be bad informational
19185
19186
191873 security for @AnonCyberGhost to put a website
19188
19189
191904 directly attributable to you in the Tweet,
19191
19192
191935 wouldn't it?
19194
19195
191966 A. Yeah, I've answered your question.
19197
19198
191997 Q. You know what I'm getting at, right?
19200
19201
192028 A. You're being ridiculous.
19203
19204
192059 MR. LOTT: Object to the form of the
19206
19207
1920810 question.
19209
19210
1921111 A. You're being ridiculous. I've answered
19212
19213
1921412 your question. He didn't get it from me. He got
19215
19216
1921713 it from AltCon. Other people were Tweeting it.
19218
19219
1922014 Good luck with that.
19221
1922215 BY MR. DAVIS:
19223
19224
1922516 Q. And your understanding of the reason why
19226
19227
1922817 this Twitter account was Tweeting this information
19229
19230
1923118 is what?
19232
19233
1923419 A. What -- excuse me just a moment. Well,
19235
19236
1923720 if your screen shots had dates like they should, I
19238
19239
1924021 might be able to tell you. I know that I did this
19241
19242
1924322 on October 1st. It looks like the first time he
19244
19245
1924623 was around was October 13th, because he says he's
19247
19248
1924924 back. The press release was done October 1st.
19250
19251
1925225 This was all before I even knew who he was or what
19253
19254248
19255
19256
19257
19258
192591 GhostSec was.
19260
19261
192622 Q. Here's the question I'd like you to
19263
19264
192653 answer: What is your explanation to the jury as
19266
19267
192684 to why this Twitter account was sending out Tweets
19269
19270
192715 quoting your press release?
19272
19273
192746 MR. LOTT: Object to the form of the
19275
19276
192777 question. But if you know, feel free to answer.
19278
19279
192808 A. It's public, it's Twitter. He saw it.
19281
19282
192839 BY MR. DAVIS:
19284
19285
1928610 Q. But as opposed to any other content on
19287
19288
1928911 the internet, do you have some explanation for us
19290
19291
1929212 as to why this particular account is sending out
19293
19294
1929513 Tweets about Kathy Scott?
19296
19297
1929814 A. The answers I've already given, which are
19299
1930015 several.
19301
19302
1930316 Q. And I'm not trying to be obstinate, but I
19304
19305
1930617 really don't understand. It appears to me what
19307
19308
1930918 you're saying is it's a coincidence that this
19310
19311
1931219 account is Tweeting about Kathy Scott shortly
19313
19314
1931520 after you started Tweeting about Kathy Scott or
19316
19317
1931821 she somehow independently upset this person that
19319
19320
1932122 had nothing to do with you. Is that your prior
19322
19323
1932423 answer?
19325
19326
1932724 A. I have no idea. Other than doxing Hammy,
19328
19329
1933025 I have no idea how she upset him, other than that.
19331
19332249
19333
19334
19335
19336
193371 It didn't have anything to do with me. I didn't
19338
19339
193402 even know him then.
19341
19342
193433 Q. So you have no explanation for what's
19344
19345
193464 motivating this person beyond, quote, doxing
19347
19348
193495 Hammy, close quote.
19350
19351
193526 A. No.
19353
19354
193557 Q. Okay. Skipping ahead after your press
19356
19357
193588 release, there's another Tweet from
19359
19360
193619 AnOnCyberGhost, and that's a picture of your
19362
19363
1936410 business partner, Stacey Lennox, in that Tweet,
19365
19366
1936711 correct?
19368
19369
1937012 A. Yes.
19371
19372
1937313 Q. Is that because Ms. Lennox re-Tweeted
19374
19375
1937614 this particular Tweet?
19377
1937815 A. I don't know. She re-Tweeted it or
19379
19380
1938116 favorited it.
19382
19383
1938417 Q. Okay. The next page, do you know the
19385
19386
1938718 person or persons who use the Twitter account
19388
19389
1939019 @asideofbacon?
19391
19392
1939320 A. No. I don't know that either.
19394
19395
1939621 Q. You don't know if Stacey Lennox is
19397
19398
1939922 @asideofbacon?
19400
19401
1940223 A. Oh, I know Stacey Lennox is not
19403
19404
1940524 @asideofbacon.
19406
19407
1940825 Q. How do you know that?
19409
19410250
19411
19412
19413
19414
194151 A. Because everybody knows that.
19416
19417
194182 Q. How?
19419
19420
194213 A. Bacon, @asideofbacon writes and blogs and
19422
19423
194244 is associated with people who fight against the
19425
19426
194275 abuses of the Indiana Speedway bomber and his
19428
19429
194306 supporters. She fights that kind of free speech
19431
19432
194337 suppression. Stacey doesn't have anything to do
19434
19435
194368 with that. She stays really busy, and I know that
19437
19438
194399 that's not her.
19440
19441
1944210 Q. Well, you do know there's a variety of
19443
19444
1944511 Tweets from @asideofbacon about Ms. Scott, don't
19446
19447
1944812 you?
19449
19450
1945113 A. Yes.
19452
19453
1945414 Q. So what does that have to do with Indiana
19455
1945615 or whatever --
19457
19458
1945916 A. You asked me how to explain that I knew
19460
19461
1946217 that they weren't the same person, and I did that.
19463
19464
1946518 Q. Because Stacey Scott [sic] wouldn't have
19466
19467
1946819 ever sent out any Tweets about Indiana, is that
19469
19470
1947120 right?
19472
19473
1947421 A. No, because that's not something that
19475
19476
1947722 Stacey does. Bacon stays very busy doing it.
19478
19479
1948023 Stacey stays very busy doing other things.
19481
19482
1948324 Q. It would be good informational security
19484
19485
1948625 to send out Tweets on a subject that you could not
19487
19488251
19489
19490
19491
19492
194931 be publicly affiliated with in order to maintain
19494
19495
194962 the anonymity of a Twitter account, wouldn't it?
19497
19498
194993 A. I'm -- no, it wouldn't.
19500
19501
195024 Q. Why not?
19503
19504
195055 A. Because it takes far too much time to
19506
19507
195086 create an entirely different persona that has
19509
19510
195117 10 -- five six, seven years of history with a
19512
19513
195148 group of people on social media, and blogs, and
19515
19516
195179 any other number of places that is well known to
19518
19519
1952010 people like Stacey McCain, people that actually
19521
19522
1952311 ended up in my interrogatories somehow, and has
19524
19525
1952612 done the amount of work on -- with those people
19527
19528
1952913 that Bacon has. It's -- yeah. So no, that would
19530
19531
1953214 be very bad informational security.
19533
1953415 Q. Because it would be time consuming.
19535
19536
1953716 A. Yeah, it would be stupid.
19538
19539
1954017 Q. Well, it would be a time consuming way to
19541
19542
1954318 ensure you could not be publicly linked to a
19544
19545
1954619 Twitter account, right?
19547
19548
1954920 A. Yeah -- no. It doesn't make any sense at
19550
19551
1955221 all. It's not good informational security because
19553
19554
1955522 it doesn't make any sense. You understand risk
19556
19557
1955823 and rewards? Not worth it.
19559
19560
1956124 Q. The -- Stacey Lenox's public Twitter
19562
19563
1956425 account is @ScotsFyre, correct?
19565
19566252
19567
19568
19569
19570
195711 A. Uh-huh, yes.
19572
19573
195742 Q. And if you look at the last page of
19575
19576
195773 Exhibit 53, any idea why she's Tweeting court
19578
19579
195804 orders about Ms. Lennox to AnonCyberGhost?
19581
19582
195835 A. You'll have to ask her that question.
19584
19585
195866 Q. I'll show you a document we'll mark as
19587
19588
195897 Exhibit 54.
19590
19591
195928 (Defendant's Exhibit 54 marked)
19593
19594
195959 BY MR. DAVIS:
19596
19597
1959810 Q. And why is it that you're Tweeting hugs
19599
19600
1960111 and kisses to IsraelsACG?
19602
19603
1960412 A. I don't -- I think -- I don't think those
19605
19606
1960713 two Tweets go together.
19608
19609
1961014 Q. Okay. That's not my question. My
19611
1961215 question is: Why are you Tweeting hugs and kisses
19613
19614
1961516 to Israels ACG?
19616
19617
1961817 A. I believe that had to do with a -- I
19619
19620
1962118 might be thinking about the wrong Tweet, though.
19622
19623
1962419 I don't know. November 12th, that was when I was
19625
19626
1962720 in Jamaica, you know. I don't know. I don't
19628
19629
1963021 know.
19631
19632
1963322 Q. Okay. You do know that the acronym ACG
19634
19635
1963623 stands for Anonymous Cyber Ghost?
19637
19638
1963924 A. Yes.
19640
19641
1964225 Q. And the name of your business was Ghost
19643
19644253
19645
19646
19647
19648
196491 Cyber Intelligence?
19650
19651
196522 A. Yes.
19653
19654
196553 Q. And how is it that you know the acronym
19656
19657
196584 ACG stands for Anonymous Cyber Ghost?
19659
19660
196615 A. It's all in these. It's all -- it's all
19662
19663
196646 in these exhibits. I saw it on Twitter.
19665
19666
196677 Q. Okay. So somewhere on Twitter there's a
19668
19669
196708 Tweet that says ACG means Anonymous Cyber Ghost.
19671
19672
196739 A. No. It would be right here where -- here
19674
19675
1967610 it would say @AnonCyberGhost, and -- well, that's
19677
19678
1967911 funny. The name is cut off. Oh, and right here
19680
19681
1968212 it would say ACG.
19683
19684
1968513 Q. Okay. That's all I'm asking is how you
19686
19687
1968814 knew that.
19689
1969015 A. Yeah. Just telling you.
19691
19692
1969316 Q. And you're representing to the jury that
19694
19695
1969617 you don't know -- well, let me ask you this: Do
19697
19698
1969918 you know why Israel's ACG is sending out Tweets
19700
19701
1970219 about Ms. Scott?
19703
19704
1970520 A. You're asking me to explain what an
19706
19707
1970821 Anonymous adult identity --
19709
19710
1971122 MR. LOTT: Just answer the question. If
19712
19713
1971423 you know the answer.
19715
19716
1971724 A. No, I can't answer that.
19718
19719
1972025 Q. What I asked you is do you know.
19721
19722254
19723
19724
19725
19726
197271 A. I can't answer that. I can't explain why
19728
19729
197302 somebody else is doing something.
19731
19732
197333 Q. So just so we're clear, you have no
19734
19735
197364 explanation to the jury as to why it is that
19737
19738
197395 Israels ACG is sending out Tweets about Kathy
19740
19741
197426 Scott, right?
19743
19744
197457 A. No.
19746
19747
197488 Q. Okay. Any theories?
19749
19750
197519 A. Yeah.
19752
19753
1975410 Q. And those are?
19755
19756
1975711 A. You won't like them. You'll cut me off
19758
19759
1976012 like you did on the other ones.
19761
19762
1976313 Q. I've never cut you off. Please tell me
19764
19765
1976614 the answer.
19767
1976815 A. He saw the horrible things that she was
19769
19770
1977116 saying about people, the way that she was trolling
19772
19773
1977417 people. He possibly saw the way that she was
19775
19776
1977718 pretending to be a 14-year-old and calling people
19778
19779
1978019 pedophiles for talking to her, I don't know. He
19781
19782
1978320 saw her bad behavior and he didn't like it.
19784
19785
1978621 That's my theory. That's my theory.
19787
19788
1978922 Q. Okay. I don't want to cut you off. So
19790
19791
1979223 are you done with your answer?
19793
19794
1979524 A. Thank you, I appreciate it.
19796
19797
1979825 Q. Are you done with your answer?
19799
19800255
19801
19802
19803
19804
198051 A. Yes.
19806
19807
198082 Q. And on page 3 of Exhibit 54 you see that
19809
19810
198113 Israel's ACG is texting with both you and Stacey
19812
19813
198144 Lennox -- or Tweeting with you and Stacey Lennox,
19815
19816
198175 correct?
19818
19819
198206 A. Yeah. Could be. What's the date on
19821
19822
198237 that?
19824
19825
198268 Q. November 12th, 2015.
19827
19828
198299 A. Uh-huh.
19830
19831
1983210 Q. And why -- do you have any understanding
19833
19834
1983511 of why it is that this person's Tweeting with you
19836
19837
1983812 and your business partner, both of whom are in
19839
19840
1984113 disputes with Ms. Scott, about where your warrants
19842
19843
1984414 are?
19845
1984615 A. What page is that on?
19847
19848
1984916 Q. The third page of Exhibit 54 above the
19850
19851
1985217 giant picture of the grinning old man.
19853
19854
1985518 A. Troll man. He's not talking about where
19856
19857
1985819 our warrants are, he's talking about where his
19859
19860
1986120 warrant is.
19862
19863
1986421 Q. And what's your understanding of why that
19865
19866
1986722 Tweet's being sent to you and your business
19868
19869
1987023 partner, Ms. Lennox?
19871
19872
1987324 A. I can't explain to you why he does
19874
19875
1987625 anything except that he was threatened with a
19877
19878256
19879
19880
19881
19882
198831 warrant.
19884
19885
198862 Q. Right. But why did he send a Tweet about
19887
19888
198893 that to you and Ms. Lennox?
19890
19891
198924 A. I don't know.
19893
19894
198955 Q. Did you Tweet him back and say, Who the
19896
19897
198986 hell are you and why are you texting me or
19899
19900
199017 e-mailing me, Twittering me?
19902
19903
199048 A. My Tweet is not on here. I don't know
19905
19906
199079 what I said.
19908
19909
1991010 Q. Do you recall independent of what we're
19911
19912
1991311 looking at?
19914
19915
1991612 A. No, no, this was -- no, two years ago.
19917
19918
1991913 Q. Do you think that you Tweeted this person
19920
19921
1992214 back and said, I don't know why you're sending me
19923
1992415 this Tweet? I have no idea what you're talking
19925
19926
1992716 about?
19928
19929
1993017 A. No.
19931
19932
1993318 Q. Because you did know what he was talking
19934
19935
1993619 about, right?
19937
19938
1993920 A. No.
19940
19941
1994221 Q. Do you know who @izziejsmom is?
19943
19944
1994522 A. Yes.
19946
19947
1994823 Q. Who is that?
19949
19950
1995124 A. Donna, but I don't know her last name.
19952
19953
1995425 Well, I might know her last name but I can't
19955
19956257
19957
19958
19959
19960
199611 remember it right now. But she's not an unknown
19962
19963
199642 entity. Everybody pretty much knows who Donna is.
19965
19966
199673 Q. Well, not me, that's why I asked, but I
19968
19969
199704 hear you.
19971
19972
199735 All right. So just so I understand your
19974
19975
199766 testimony, which I think is pretty clear, you
19977
19978
199797 never coordinated with the person using the
19980
19981
199828 Twitter account @IsraelsACG to harass Ms. Scott.
19983
19984
199859 Your testimony is you think this person or these
19986
19987
1998810 persons just started sending these Tweets to
19989
19990
1999111 Ms. Scott because Ms. Scott's a bad actor; is that
19992
19993
1999412 right?
19995
19996
1999713 MR. LOTT: Object to the form of the
19998
19999
2000014 question. Go ahead.
20001
2000215 A. I never coordinated.
20003
20004
2000516 (Defendant's Exhibit 55 marked)
20006
20007
2000817 BY MR. DAVIS:
20009
20010
2001118 Q. I'm going to show you a document we'll
20012
20013
2001419 mark as Exhibit 55.
20015
20016
2001720 Here in Exhibit 55 this person who calls
20018
20019
2002021 him or herself Commander Xavior sends a Tweet
20021
20022
2002322 about Evalynn Tomkins, paren Crow. Do you see
20024
20025
2002623 that? The first page?
20027
20028
2002924 A. Uh-huh.
20030
20031
2003225 Q. Yes?
20033
20034258
20035
20036
20037
20038
200391 A. Yes.
20040
20041
200422 Q. And this is the same person who is using
20043
20044
200453 the Twitter account @CrowReturns1?
20046
20047
200484 A. Yes.
20049
20050
200515 Q. And the same person that you allege
20052
20053
200546 Ms. Scott tried to get to hack you, correct?
20055
20056
200577 A. Yes.
20058
20059
200608 Q. Okay. Any idea why this person is
20061
20062
200639 complaining about Crow?
20064
20065
2006610 A. He's complaining about Gary, I believe.
20067
20068
2006911 Gary Lovett.
20070
20071
2007212 Q. We're looking at two different Tweets.
20073
20074
2007513 You're talking about the Tweet that uses the name
20076
20077
2007814 Gary. I'm talking about the Tweet that doesn't
20079
2008015 mention Gary at all, it mentions Crow.
20081
20082
2008316 A. Oh.
20084
20085
2008617 Q. Any idea why this Tweet mentions this
20087
20088
2008918 person that you think Ms. Scott sicced on you on
20090
20091
2009219 the internet?
20093
20094
2009520 A. Actually I know that, because I've had
20096
20097
2009821 conversations with her since then. It -- it would
20099
20100
2010122 have to have something to do with Ducky. I've
20102
20103
2010423 seen screen shots. I've seen Ducky screen shots
20105
20106
2010724 regarding Crow, so . . .
20108
20109
2011025 Q. So what is the relationship between Ducky
20111
20112259
20113
20114
20115
20116
201171 and Commander Xavior?
20118
20119
201202 A. I don't think that there is a
20121
20122
201233 relationship. I don't really know. Ducky's just
20124
20125
201264 a -- you know, I mean I've explained Ducky I don't
20127
20128
201295 know how many times. So I don't really know what
20130
20131
201326 else to tell you.
20133
20134
201357 Q. My question was: Do you have an
20136
20137
201388 explanation why this person named Commander Xavior
20139
20140
201419 is referencing Crow?
20142
20143
2014410 A. Yeah, and I gave you a theory. Maybe it
20145
20146
2014711 has something to do with Ducky.
20148
20149
2015012 Q. Right. Why would the word Ducky explain
20151
20152
2015313 the fact that Commander Xavior is sending Tweets
20154
20155
2015614 out about Crow?
20157
2015815 A. I mean, I really don't know.
20159
20160
2016116 Q. So how is that an explanation?
20162
20163
2016417 A. Well, maybe it's not an explanation. I
20165
20166
2016718 don't really have one.
20168
20169
2017019 Q. Okay. So can you explain to the jury why
20171
20172
2017320 the person using this Twitter account is
20174
20175
2017621 referencing Crow?
20177
20178
2017922 A. No, not really, no.
20180
20181
2018223 Q. But you do know Commander Xavior, right?
20183
20184
2018524 A. Yeah, I mean, I know who he is. I
20186
20187
2018825 don't -- I don't know who he is. I know the
20189
20190260
20191
20192
20193
20194
201951 Twitter account, that's it.
20196
20197
201982 Q. On page 5 of Exhibit 55.
20199
20200
202013 A. Yep.
20202
20203
202044 Q. Did you send a Tweet that said, Why did
20205
20206
202075 Daddy leave again?
20208
20209
202106 A. Oh, no, no. That's one of Ducky's
20211
20212
202137 impersonation accounts of me.
20214
20215
202168 Q. That's why we ask these questions.
20217
20218
202199 A. Yeah, good question.
20220
20221
2022210 Q. And you see on the first page of Exhibit
20223
20224
2022511 55 under Commander Xavior's profile there's the
20226
20227
2022812 phrase AnonCyberGhost trademark, do you see that?
20229
20230
2023113 First page?
20232
20233
2023414 A. Yeah.
20235
2023615 Q. Is it your understanding that Commander
20237
20238
2023916 Xavior used both the Twitter accounts
20240
20241
2024217 @undoxableAnon and @AnonCyberGhost?
20243
20244
2024518 A. Yes.
20246
20247
2024819 Q. Any other Twitter accounts you know that
20249
20250
2025120 Commander Xavior used?
20252
20253
2025421 A. There were. There have been. But I
20255
20256
2025722 don't remember what they are.
20258
20259
2026023 Q. You see under Commander Xavior's Twitter
20261
20262
2026324 profile it says #OSINT?
20264
20265
2026625 A. Yes.
20267
20268261
20269
20270
20271
20272
202731 Q. And you said that's on-line security
20274
20275
202762 intelligence?
20277
20278
202793 A. It's -- I can't remember the acronym
20280
20281
202824 right now, I mean, just because I'm tired. My
20283
20284
202855 head's not really working. But it stands for the
20286
20287
202886 bread crumbs you leave behind on line, how people
20289
20290
202917 find you.
20292
20293
202948 Q. Same hashtag you have on your Twitter
20295
20296
202979 profile, right?
20298
20299
2030010 A. Yeah. Lots of people. Did you search
20301
20302
2030311 for how many people on line have --
20304
20305
2030612 MR. LOTT: Don't ask any questions.
20307
20308
2030913 Answer the questions that are asked.
20310
20311
2031214 THE WITNESS: Sorry.
20313
2031415 A. Lots of people use that. There's
20315
20316
2031716 probably a million Twitter users with that
20318
20319
2032017 hashtag.
20321
20322
2032318 BY MR. DAVIS:
20324
20325
2032619 Q. All of them harassing Kathy Scott,
20327
20328
2032920 correct? That was rhetorical.
20330
20331
2033221 (Defendant's Exhibit 56 marked)
20333
20334
2033522 BY MR. DAVIS:
20336
20337
2033823 Q. I'll show you a document marked Exhibit
20339
20340
2034124 56. Did you send this Tweet that says, When this
20342
20343
2034425 is between you and the front door, that has this
20345
20346262
20347
20348
20349
20350
203511 picture?
20352
20353
203542 A. Yes.
20355
20356
203573 Q. That was in reference to Ms. Scott,
20358
20359
203604 correct?
20361
20362
203635 A. No one is mentioned in that Tweet.
20364
20365
203666 Q. I understand. But that Tweet is in
20367
20368
203697 reference to Ms. Scott.
20370
20371
203728 A. How would you know that?
20373
20374
203759 Q. I'm asking you since you sent the Tweet,
20376
20377
2037810 is this in reference to Ms. Scott?
20379
20380
2038111 A. No one is mentioned in this Tweet.
20382
20383
2038412 Q. I understand that it doesn't use
20385
20386
2038713 Ms. Scott's name or refer to Ms. Scott. Was the
20388
20389
2039014 Tweet a private joke between you and Jason
20391
2039215 Dombrowski about Kathy Scott?
20393
20394
2039516 A. No, no.
20396
20397
2039817 Q. You knew when Mr. Dombrowski sent a Tweet
20399
20400
2040118 that said roll a vodka bottle at it, he was
20402
20403
2040419 referring to Ms. Scott, correct?
20405
20406
2040720 A. Where is that?
20408
20409
2041021 Q. Right above the picture here.
20411
20412
2041322 A. This second Tweet.
20414
20415
2041623 Q. Roll a vodka bottle at it.
20417
20418
2041924 A. My Tweet is not in response to his Tweet.
20420
20421
2042225 This is not a reply to him.
20423
20424263
20425
20426
20427
20428
204291 Q. You knew that when Jason Dombrowski sent
20430
20431
204322 the Tweet --
20433
20434
204353 A. No, I never saw the Tweet.
20436
20437
204384 Q. The Tweet that has this picture, what's
20439
20440
204415 that about? Why did you send this Tweet?
20442
20443
204446 A. I just sent it. It's not in response to
20445
20446
204477 his Tweet. And no, I didn't know she was talking
20448
20449
204508 about Kathy Scott because I never saw his Tweet.
20451
20452
204539 Q. Okay. So forget I said that. Why did
20454
20455
2045610 you send this Tweet on January 10th that says,
20457
20458
2045911 When this is between you and the front door, that
20460
20461
2046212 has this picture?
20463
20464
2046513 A. I just sent it.
20466
20467
2046814 Q. Well, what was it in reference to?
20469
2047015 A. Realizing that -- realizing that this
20471
20472
2047316 couldn't get really tricky for you down the road,
20474
20475
2047617 I was referencing an incident in court in Clarke
20477
20478
2047918 County, and that's my answer.
20480
20481
2048219 Q. So what incident -- the incident involved
20483
20484
2048520 something to do with Ms. Scott, correct?
20486
20487
2048821 A. Indeed.
20489
20490
2049122 Q. Okay. And what did the Tweet mean, that
20492
20493
2049423 you and Ms. Scott stood between you and the front
20495
20496
2049724 door of the courtroom?
20498
20499
2050025 A. You got my lawyer.
20501
20502264
20503
20504
20505
20506
205071 Q. Your lawyer can tell you you have to
20508
20509
205102 answer the question.
20511
20512
205133 THE WITNESS: Do I have to answer the
20514
20515
205164 question?
20517
20518
205195 MR. LOTT: If you can answer the
20520
20521
205226 question, answer the question.
20523
20524
205257 A. It referenced her getting between me and
20526
20527
205288 the front door and hissing at me on the way out.
20529
20530
205319 BY MR. DAVIS:
20532
20533
2053410 Q. So this picture was a reference to
20535
20536
2053711 Ms. Scott.
20538
20539
2054012 A. Yeah, and she's not mentioned. Her name
20541
20542
2054313 is not there.
20544
20545
2054614 Q. And I never said it was. All I did was
20547
2054815 asked you is what the Tweet was about. So now
20549
20550
2055116 that we've established it's about Ms. Scott, you
20552
20553
2055417 have seen the Twitter account
20555
20556
2055718 RIHKathy@KATHYS_DEAD, correct?
20558
20559
2056019 A. No, I don't remember that account.
20561
20562
2056320 Actually, I saw that account for the first time in
20564
20565
2056621 her exhibits. I'd never seen it before.
20567
20568
2056922 Q. So if you look at page 2 of Exhibit 56,
20570
20571
2057223 the similarity between the picture and the Tweet
20573
20574
2057524 you sent is pure coincidence?
20576
20577
2057825 A. This is Linda Blair.
20579
20580265
20581
20582
20583
20584
205851 Q. Who is that?
20586
20587
205882 A. From The Exorcist.
20589
20590
205913 Q. Okay. And if we look at the picture on
20592
20593
205944 the second page of Exhibit 56.
20595
20596
205975 A. That's Kathy reversed out. And I can
20598
20599
206006 tell that because I have an expertise in
20601
20602
206037 Photoshop.
20604
20605
206068 Q. Even though you've never -- well, have
20607
20608
206099 you seen that picture before we produced it in
20610
20611
2061210 this lawsuit?
20613
20614
2061511 A. No. I can look at it and tell. My
20616
20617
2061812 father was a printer and I worked for him from
20619
20620
2062113 high school through college, or after -- well,
20622
20623
2062414 high school till I was, you know, married and
20625
2062615 moved away at 30.
20627
20628
2062916 Q. Okay. So just so we're clear, your
20630
20631
2063217 testimony under oath to the jury is that the
20633
20634
2063518 picture and the Tweet you sent about Ms. Scott is
20636
20637
2063819 a depiction of Linda Blair from the Exorcist and
20639
20640
2064120 it's pure coincidence that it looks like this
20642
20643
2064421 reverse negative of Ms. Scott on the other Twitter
20645
20646
2064722 account @KATHYS_DEAD, correct?
20648
20649
2065023 A. It is pure coincidence, and this is
20651
20652
2065324 actually a GIF that's in Twitter. So it's part of
20654
20655
2065625 a Twitter GIF library.
20657
20658266
20659
20660
20661
20662
206631 Q. I understand your testimony.
20664
20665
206662 (Defendant's Exhibit 57 marked)
20667
20668
206693 BY MR. DAVIS:
20670
20671
206724 Q. I'm going to show you a document marked
20673
20674
206755 Exhibit 57.
20676
20677
206786 MR. LOTT: Would this be a good time to
20679
20680
206817 talk about timing?
20682
20683
206848 MR. DAVIS: Sure, can we go off the
20685
20686
206879 record real quick.
20688
20689
2069010 (Off the record discussion)
20691
20692
2069311 (Recess 5:34 p.m.-5:35 p.m.)
20694
20695
2069612 BY MR. DAVIS:
20697
20698
2069913 Q. All right. I'm going to show you a
20700
20701
2070214 document marked Exhibit 57. First page of Exhibit
20703
2070415 57, did you send the Tweet that starts with, I'm
20705
20706
2070716 telling you?
20708
20709
2071017 A. Yep.
20711
20712
2071318 Q. And you're referring to Ms. Scott's
20714
20715
2071619 husband, correct?
20717
20718
2071920 A. Yep.
20720
20721
2072221 Q. Yes?
20723
20724
2072522 A. Yeah.
20726
20727
2072823 Q. And explain to me what this Tweet means.
20729
20730
2073124 A. It means what it says.
20732
20733
2073425 Q. Well, it says you heard Ms. Scott's
20735
20736267
20737
20738
20739
20740
207411 husband got a promotion, correct?
20742
20743
207442 A. Yeah.
20745
20746
207473 Q. Okay. And where did you hear that from?
20748
20749
207504 A. I don't remember where I heard it from.
20751
20752
207535 Might have looked it up myself.
20754
20755
207566 Q. And where would you look it up?
20757
20758
207597 A. Yeah, I don't remember. I think I saw
20760
20761
207628 him on the holdings list, executives on Bradley
20763
20764
207659 Morris holdings or something. I was trying to
20766
20767
2076810 figure out if he was really fired, since she was
20769
20770
2077111 accusing me of having gotten him fired.
20772
20773
2077412 Q. And what does the second sentence mean?
20775
20776
2077713 Rumors around this part are not reliable.
20778
20779
2078014 A. Just a joke.
20781
2078215 Q. In what way is it funny?
20783
20784
2078516 MR. LOTT: Object to the form of the
20786
20787
2078817 question. But if you know, you are free to
20789
20790
2079118 answer.
20792
20793
2079419 A. Funny is subjective.
20795
20796
2079720 BY MR. DAVIS:
20798
20799
2080021 Q. Right. And I don't even understand what
20801
20802
2080322 the joke is, so I'm asking you, explain the joke
20804
20805
2080623 to me.
20807
20808
2080924 A. It's -- it's my sense of humor. I can't
20810
20811
2081225 explain it to you.
20813
20814268
20815
20816
20817
20818
208191 Q. All right. Is it your testimony here
20820
20821
208222 today under oath -- well, let me go to the next
20823
20824
208253 page, strike that.
20826
20827
208284 The next page of Exhibit 57, did you ever
20829
20830
208315 follow a Twitter account called Hen Pecked
20832
20833
208346 Bill@spoon_cut_hair?
20835
20836
208377 A. I don't remember if I followed that
20838
20839
208408 account or not.
20841
20842
208439 Q. If you look at page 2 of Exhibit 57, page
20844
20845
2084610 2, in the upper right-hand corner this purports to
20847
20848
2084911 show that Lu Esposito @belle_river was following
20850
20851
2085212 Hen Pecked Bill@spoon_fed_hair, see that?
20853
20854
2085513 A. Yes.
20856
20857
2085814 Q. As well as your business partner,
20859
2086015 Ms. Lennox, do you see that?
20861
20862
2086316 A. Yes.
20864
20865
2086617 Q. And does that refresh your recollection
20867
20868
2086918 of whether you followed Hen Pecked Bill?
20870
20871
2087219 A. Well, no. It actually doesn't. I mean,
20873
20874
2087520 I see that you have it pictured here, but it's
20876
20877
2087821 impossible to tell whether or not this has been
20879
20880
2088122 altered in any way, so I still don't remember
20882
20883
2088423 following the account, no.
20885
20886
2088724 Q. Okay. Next page of Exhibit 57, Diane B
20888
20889
2089025 is Diane Beijer that you've talked about here
20891
20892269
20893
20894
20895
20896
208971 today, correct?
20898
20899
209002 A. Yes, sir.
20901
20902
209033 Q. Do you know the person or persons that
20904
20905
209064 use the Twitter account @spoon_cut_hair?
20907
20908
209095 A. No.
20910
20911
209126 Q. You know that the Bill that's Hen Pecked
20913
20914
209157 and being referred to in these Tweets is
20916
20917
209188 Ms. Scott's husband, correct?
20919
20920
209219 A. Yes, I know they're referring to him.
20922
20923
2092410 Q. And how do you know that?
20925
20926
2092711 A. I think it's pretty obvious.
20928
20929
2093012 Q. Well, not to me. When did you learn that
20931
20932
2093313 Hen Pecked Bill@asideofbacon was referring to
20934
20935
2093614 Ms. Scott's husband?
20937
2093815 A. I imagine -- yeah, I don't -- this is
20939
20940
2094116 over two years ago. I don't know.
20942
20943
2094417 (Defendant's Exhibit 58 marked)
20945
20946
2094718 BY MR. DAVIS:
20948
20949
2095019 Q. I'm going to show you a document that
20951
20952
2095320 I'll mark Exhibit 58. And did you ever follow a
20954
20955
2095621 website called @KathyStalks -- excuse me, did you
20957
20958
2095922 ever follow a Twitter account called @KathyStalks?
20960
20961
2096223 A. I don't remember following this account
20963
20964
2096524 either. Only two people did. I'm sure I wasn't
20966
20967
2096825 one of them.
20969
20970270
20971
20972
20973
20974
209751 Q. And it would appear the picture on this
20976
20977
209782 Twitter page is Gollum with the -- Gollum from the
20979
20980
209813 Lord of the Rings with red hair, correct?
20982
20983
209844 A. I don't have a color copy. I'll
20985
20986
209875 stipulate it's red. Okay, thanks.
20988
20989
209906 Q. And is it your testimony to the jury that
20991
20992
209937 it's a coincidence that that picture looks like
20994
20995
209968 the negative imagine of Ms. Scott we looked at
20997
20998
209999 earlier and the picture from the Exorcist that you
21000
21001
2100210 put in your Tweets?
21003
21004
2100511 A. It's certainly a coincidence that it
21006
21007
2100812 looks like Linda Blair from the Exorcist.
21009
21010
2101113 Q. Okay. And if you'll look at the next
21012
21013
2101414 page, you were sending Tweets, at least one Tweet,
21015
2101615 to @KathyStalks, correct?
21017
21018
2101916 A. No. That Tweet was to -- you can -- do
21020
21021
2102217 you mind if I educate you for a moment?
21023
21024
2102518 Q. Well, I'm trying to hurry. So all I need
21026
21027
2102819 to know is did you send Tweets --
21029
21030
2103120 A. No, I don't. This won't take long. The
21032
21033
2103421 first person tagged is the person that you're
21035
21036
2103722 responding to. The people tagged after that are
21038
21039
2104023 just caught up in the conversation. They were
21041
21042
2104324 part of a conversation earlier, but that first
21044
21045
2104625 Twitter account right there is the person that I'm
21047
21048271
21049
21050
21051
21052
210531 actually responding to.
21054
21055
210562 Q. Okay.
21057
21058
210593 A. So no is the answer.
21060
21061
210624 Q. Right. So @asideofbacon sent out a Tweet
21063
21064
210655 that included you and @KathyStalks, and when you
21066
21067
210686 responded to that Tweet you sent that Tweet to
21069
21070
210717 @KathyStalks, correct?
21072
21073
210748 A. Yes.
21075
21076
210779 Q. Okay. And if we look at the next page of
21078
21079
2108010 Exhibit 58, did you send the Tweet that says,
21081
21082
2108311 quote, bite me to @KathyStalks?
21084
21085
2108612 A. Where?
21087
21088
2108913 Q. (Indicating.)
21090
21091
2109214 A. I don't see a Tweet bite me. Oh, yes, I
21093
2109415 do. No. That's not me sending that Tweet.
21095
21096
2109716 That's someone sending that Tweet to me.
21098
21099
2110017 Q. Okay. And why is it -- well, let me put
21101
21102
2110318 it this way. Do you have some explanation of why
21104
21105
2110619 a person at a website or Twitter account called
21107
21108
2110920 @KathyStalks was sending you emails about Kathy
21110
21111
2111221 Scott?
21113
21114
2111522 A. Tweets about Kathy Scott?
21116
21117
2111823 Q. This Tweet right here.
21119
21120
2112124 A. Right. You said emails.
21122
21123
2112425 Q. Do you have some explanation to the jury
21125
21126272
21127
21128
21129
21130
211311 of why @KathyStalks was sending you a Tweet about
21132
21133
211342 Kathy Scott?
21135
21136
211373 A. No.
21138
21139
211404 Q. Okay. Even though you accused Ms. Scott
21141
21142
211435 of stalking you, correct?
21144
21145
211466 A. Yeah.
21147
21148
211497 Q. So, again, your explanation for this
21150
21151
211528 Tweet would be pure coincidence that @KathyStalks
21153
21154
211559 Tweets to you about Kathy Scott?
21156
21157
2115810 A. I don't know if it's coincidence. I
21159
21160
2116111 don't know who was behind that account. I don't
21162
21163
2116412 know why they were Tweeting me, for the reason I
21165
21166
2116713 don't know who was behind that account.
21168
21169
2117014 Q. Okay.
21171
2117215 (Defendant's Exhibit 59 marked)
21173
21174
2117516 BY MR. DAVIS:
21176
21177
2117817 Q. I'm going to show you a composite
21179
21180
2118118 document we'll mark as Exhibit 59. And did you
21182
21183
2118419 send the Tweet at the top of the first page of
21185
21186
2118720 Exhibit 59?
21188
21189
2119021 A. Yes.
21191
21192
2119322 Q. The next page of Exhibit 59 you're
21194
21195
2119623 Tweeting back and forth with Ms. Lennox about
21197
21198
2119924 Kathy Scott, correct?
21200
21201
2120225 A. The second? I'm sorry. Repeat the
21203
21204273
21205
21206
21207
21208
212091 question.
21210
21211
212122 Q. Sure. If we look at the second page of
21213
21214
212153 Exhibit 59, it appears to show you were Tweeting
21216
21217
212184 back and forth with Stacey Lennox about Kathy
21219
21220
212215 Scott; is that correct?
21222
21223
212246 A. About -- yes.
21225
21226
212277 Q. And the next page, have you seen this
21228
21229
212308 Tweet before?
21231
21232
212339 A. Yep. I believe so.
21234
21235
2123610 Q. And when Ms. Lennox, your business
21237
21238
2123911 partner, says "we," she's referring to, among
21240
21241
2124212 others, you, correct?
21243
21244
2124513 A. She's referring to the radio stations.
21246
21247
2124814 Q. Okay. And you were tasked by the radio
21249
2125015 stations to go out to the press and try and
21251
21252
2125316 correct the news report that Ms. Scott had done on
21254
21255
2125617 Fox 5 back in 2015, correct?
21257
21258
2125918 A. Correct, or remove or make sure that it
21260
21261
2126219 wasn't posted on line, whatever we could
21263
21264
2126520 accomplish.
21266
21267
2126821 Q. Okay. The next page it appears
21269
21270
2127122 Ms. Lennox sent a Tweet that said, Hey, Vegas
21272
21273
2127423 Kathy, and it appears to have been sent to, among
21275
21276
2127724 other people, you. Do you see that?
21278
21279
2128025 A. Uh-huh.
21281
21282274
21283
21284
21285
21286
212871 Q. Do you recall receiving that Tweet?
21288
21289
212902 A. Uh-huh.
21291
21292
212933 Q. Yes?
21294
21295
212964 A. Uh-huh. Yes, sorry.
21297
21298
212995 Q. And the next page, Ms. Lennox says, Vegas
21300
21301
213026 is a dumb bitch sex worker.
21303
21304
213057 Have you ever seen that Tweet before?
21306
21307
213088 A. No.
21309
21310
213119 Q. Okay. The next page Ms. Lennox sent a
21312
21313
2131410 Tweet to you saying, quote, She's a nutter,
21315
21316
2131711 towards the bottom.
21318
21319
2132012 A. That doesn't look familiar either.
21321
21322
2132313 Q. Okay. Did you send a Tweet on October
21324
21325
2132614 3rd that says, quote, I'm sorry I don't have
21327
2132815 control of those posts. That's my other
21329
21330
2133116 personality. I can't delete?
21332
21333
2133417 A. Yes.
21335
21336
2133718 Q. And you're referring to Ms. Scott there,
21338
21339
2134019 correct?
21341
21342
2134320 A. I don't know.
21344
21345
2134621 Q. Really? You don't know if this Tweet's
21347
21348
2134922 about Ms. Scott?
21350
21351
2135223 A. I don't.
21353
21354
2135524 Q. Okay.
21356
21357
2135825 A. I don't.
21359
21360275
21361
21362
21363
21364
213651 Q. All right. You've accused Ms. Scott of
21366
21367
213682 having multiple personality disorder more than
21369
21370
213713 once on line, correct?
21372
21373
213744 A. Did I?
21375
21376
213775 Q. I'm asking you.
21378
21379
213806 A. I don't remember.
21381
21382
213837 Q. You don't remember if you accused someone
21384
21385
213868 of having multiple personality disorder on line?
21387
21388
213899 A. No, actually, I don't.
21390
21391
2139210 Q. Okay.
21393
21394
2139511 A. On Twitter? No.
21396
21397
2139812 Q. Somewhere else?
21399
21400
2140113 A. And you're asking me if I accused her of
21402
21403
2140414 having multiple personality disorder. I actually
21405
2140615 said she had MPD, or if I hadn't made a joke about
21407
21408
2140916 multiple personalities at one time, and those two
21410
21411
2141217 things are very different, and I'm not going to
21413
21414
2141518 answer that question without knowing specifically
21416
21417
2141819 what you're asking me if I did.
21419
21420
2142120 Q. Do you think Ms. Scott has multiple
21422
21423
2142421 personalities?
21425
21426
2142722 A. Yeah, I don't know.
21428
21429
2143023 Q. You have said in words or substance on
21431
21432
2143324 line that Ms. Scott has multiple personalities,
21434
21435
2143625 correct?
21437
21438276
21439
21440
21441
21442
214431 A. Yeah, I might have made a joke about
21444
21445
214462 that, yeah. Especially, you know -- yeah.
21447
21448
214493 Especially in moments that seemed to call for a
21450
21451
214524 joke.
21453
21454
214555 Q. So do you think that the Ms. Scott you
21456
21457
214586 sued is the same person who posted the Tweets that
21459
21460
214617 you think are defamatory?
21462
21463
214648 A. Yes.
21465
21466
214679 Q. The next page, did you send this Tweet
21468
21469
2147010 that says, quote, Especially egregious accusation
21471
21472
2147311 against @ScotsFyre?
21474
21475
2147612 A. Yes. I don't remember why.
21477
21478
2147913 Q. Okay. Presumably you would have learned
21480
21481
2148214 about that accusation from Stacey Lennox, is that
21483
2148415 fair?
21485
21486
2148716 A. No. Probably would have seen it on line.
21488
21489
2149017 Q. The next page, did you send this Tweet
21491
21492
2149318 that says @Twitter @safety please check with
21494
21495
2149619 @GarnerPolice?
21497
21498
2149920 A. Yes.
21500
21501
2150221 Q. Skip a page to this email from Stacey
21503
21504
2150522 Lennox to Craig Dong.
21506
21507
2150823 A. Did I what?
21509
21510
2151124 Q. I'm saying skip to the page you're
21512
21513
2151425 looking at.
21515
21516277
21517
21518
21519
21520
215211 A. Okay.
21522
21523
215242 Q. And this appears to be an email between
21525
21526
215273 Ms. Lennox and somebody in Cobb County law
21528
21529
215304 enforcement which says in the fourth paragraph,
21531
21532
215335 quote, I believe Lu Esposito sent you the blog.
21534
21535
215366 Do you see that?
21537
21538
215397 A. Yeah.
21540
21541
215428 Q. And did you send a blog to Cobb County
21543
21544
215459 law enforcement?
21546
21547
2154810 A. I don't see one here.
21549
21550
2155111 Q. I'm just asking if you did.
21552
21553
2155412 A. I don't remember attaching the blog. I
21555
21556
2155713 remember attaching the letter. I don't know if I
21558
21559
2156014 did or not.
21561
2156215 Q. If we look at the next page of Exhibit
21563
21564
2156516 59, did you send this email to Mr. Dong?
21566
21567
2156817 A. Uh-huh.
21569
21570
2157118 Q. Yes?
21572
21573
2157419 A. Yes.
21575
21576
2157720 Q. And why did you do that?
21578
21579
2158021 A. I was asked to.
21581
21582
2158322 Q. By who?
21584
21585
2158623 A. By Craig Dong, I believe. It's also a
21587
21588
2158924 very long time ago.
21590
21591
2159225 Q. So your recollection is Mr. Dong asked
21593
21594278
21595
21596
21597
21598
215991 for this information, as opposed to Ms. Lennox
21600
21601
216022 requesting you send this information to --
21603
21604
216053 A. Ms. Lennox definitely did not request it
21606
21607
216084 that I send the information.
21609
21610
216115 Q. And it's your testimony that Mr. Dong
21612
21613
216146 requested this information, as opposed to Jodi
21615
21616
216177 Magera asking you to send it to Cobb County.
21618
21619
216208 A. I don't remember who asked -- don't
21621
21622
216239 remember who talked to Dong first. And I don't
21624
21625
2162610 remember why I was -- other than an investigation,
21627
21628
2162911 I was asked to reach out to him, and I don't
21630
21631
2163212 remember who asked me.
21633
21634
2163513 Q. All right.
21636
21637
2163814 (Defendant's Exhibit 60 marked)
21639
2164015 BY MR. DAVIS:
21641
21642
2164316 Q. Let me show you a document we'll mark as
21644
21645
2164617 Exhibit 60. You get the one with the yellow
21647
21648
2164918 sticker. Let's skip ahead to page 2. Lu
21650
21651
2165219 Esposito@wordpress is what, a blog that you used
21653
21654
2165520 to have?
21656
21657
2165821 A. No, it's -- no, it's not really a blog.
21659
21660
2166122 I don't think there are any blogs on it. It's
21662
21663
2166423 nothing but press releases.
21665
21666
2166724 Q. And is that webpage still up?
21668
21669
2167025 A. Uh-huh.
21671
21672279
21673
21674
21675
21676
216771 Q. Yes?
21678
21679
216802 A. Yes.
21681
21682
216833 Q. And do you see at the bottom that
21684
21685
216864 @asideofbacon was apparently sending out Tweets
21687
21688
216895 about the contents of your Word Press internet
21690
21691
216926 file?
21693
21694
216957 A. Yes.
21696
21697
216988 Q. And do you know how it is that this
21699
21700
217019 Twitter account got access to this information?
21702
21703
2170410 A. It's a public Word Press site.
21705
21706
2170711 Q. Okay. So it's your testimony under oath
21708
21709
2171012 that you did not coordinate with this Twitter user
21711
21712
2171313 to in some way provide this information or direct
21714
21715
2171614 this information to him or her.
21717
2171815 A. It is my testimony.
21719
21720
2172116 Q. The next page underneath a couple wanted
21722
21723
2172417 posters there is what appears to be a Tweet from
21725
21726
2172718 you that says BRB, or be right back, frying up
21728
21729
2173019 some bacon for that reward. Do you see that?
21731
21732
2173320 A. Yes.
21734
21735
2173621 Q. Did you send that Tweet?
21737
21738
2173922 A. Yes.
21740
21741
2174223 Q. What does that mean?
21743
21744
2174524 A. There's a wanted poster with bacon on it.
21746
21747
2174825 So if I fry bacon I get a reward. That's what
21749
21750280
21751
21752
21753
21754
217551 that means.
21756
21757
217582 Q. You have an understanding that the wanted
21759
21760
217613 posters refer to Ms. Scott, do you not?
21762
21763
217644 A. No.
21765
21766
217675 Q. No?
21768
21769
217706 A. This is bacon. That's about bacon.
21771
21772
217737 Q. I understand your testimony.
21774
21775
217768 A. Okay.
21777
21778
217799 Q. Just so the jury understands it, you're
21780
21781
2178210 telling us under oath that the reason you sent
21783
21784
2178511 this text that said frying up some bacon for that
21786
21787
2178812 reward is you thought these Tweets showing
21789
21790
2179113 pictures of bacon on a reward poster were funny.
21792
21793
2179414 Is that fair?
21795
2179615 A. Yeah. I thought it was funny.
21797
21798
2179916 Q. And just so we're clear, you didn't know
21800
21801
2180217 that these Tweets had anything to do with
21803
21804
2180518 Ms. Scott; is that right?
21806
21807
2180819 A. I didn't say that.
21809
21810
2181120 Q. I want to make sure I understand what it
21812
21813
2181421 is you think you're saying. Did you understand
21815
21816
2181722 that these Tweets about bacon had anything to do
21818
21819
2182023 with Ms. Scott?
21821
21822
2182324 A. Let's see. Don't know. It depends on
21824
21825
2182625 how hard I looked at the posters or if I just saw
21827
21828281
21829
21830
21831
21832
218331 wanted, bacon, and made the joke, which is more
21834
21835
218362 likely.
21837
21838
218393 Q. I'm going to the next page, there appears
21840
21841
218424 to be a Tweet from @asideofbacon to Israel's ACG,
21843
21844
218455 do you see that?
21846
21847
218486 A. Okay.
21849
21850
218517 Q. Have you seen this Tweet before?
21852
21853
218548 A. No, I -- nothing but tags. It's cut off.
21855
21856
218579 The whole thing's not there.
21858
21859
2186010 Q. Here's my question: Have you seen this
21861
21862
2186311 Tweet from @asideofbacon that says #KathyScott
21864
21865
2186612 much enjoys going at others' spouses and attacking
21867
21868
2186913 jobs of their spouses and jobs of those she hates
21870
21871
2187214 @IsraelsACG, close quote?
21873
2187415 A. Here it is. No. I've not seen this
21875
21876
2187716 Tweet before. This was when I was in Jamaica.
21878
21879
2188017 Q. And what spouses has Ms. Scott, quote,
21881
21882
2188318 unquote, gone after besides yours that you're
21884
21885
2188619 aware of?
21887
21888
2188920 A. I don't know. I heard something about
21890
21891
2189221 Jeff Cramer. I know she threatened to go after
21893
21894
2189522 Alex Beijer, and they posted quite a bit about
21896
21897
2189823 Alex Beijer. Oh, my sister's husband, they
21899
21900
2190124 created a parodied account of him a few days ago.
21902
21903
2190425 Actually, it was a couple of weeks ago. Yes,
21905
21906282
21907
21908
21909
21910
219111 Justice Zeker. Sure.
21912
21913
219142 Q. We're almost done. When is it that you
21915
21916
219173 think Ms. Scott went after Ms. Cramer's husband?
21918
21919
219204 A. I am going by what I see Ms. Scott and
21921
21922
219235 people that she interacts with on Twitter posting,
21924
21925
219266 and it would have been mid to -- maybe summer of
21927
21928
219297 2016, something like that.
21930
21931
219328 Q. And when is it that you think Ms. Scott
21933
21934
219359 went after Alex Beijer?
21936
21937
2193810 A. Around the same timeframe.
21939
21940
2194111 Q. The next page there appears to be a Tweet
21942
21943
2194412 from @asideofbacon to Jim Lysaght about Kathy
21945
21946
2194713 Scott, do you see that?
21948
21949
2195014 A. Yes.
21951
2195215 Q. And do you know anybody besides you and
21953
21954
2195516 Ms. Lennox who would have been sending Tweets to
21956
21957
2195817 the director of Red Nation Rising about Kathy
21959
21960
2196118 Scott?
21962
21963
2196419 A. Sure, anybody could send him a Tweet.
21965
21966
2196720 Q. Right. That's the beauty --
21968
21969
2197021 A. It wouldn't have to be us.
21971
21972
2197322 Q. I understand. That's the beauty of
21974
21975
2197623 anonymous Twitter accounts is we can't prove who
21977
21978
2197924 sent the Tweet right? I'll strike the question.
21980
21981
2198225 Do you know anybody besides you or
21983
21984283
21985
21986
21987
21988
219891 Ms. Lennox who would have been sending a Tweet to
21990
21991
219922 Jim Lysaght about Kathy Scott?
21993
21994
219953 A. Yes.
21996
21997
219984 Q. Who?
21999
22000
220015 A. Yes. There are quite a few Twitter
22002
22003
220046 accounts out there that would have done that.
22005
22006
220077 Q. Who?
22008
22009
220108 A. And Bacon is one of them. And it's not
22011
22012
220139 Stacey. But keep going down that road.
22014
22015
2201610 Q. Listen to my question and please answer
22017
22018
2201911 it. Besides you and Ms. Lennox, what person or
22020
22021
2202212 persons do you believe would have a reason to send
22023
22024
2202513 a Tweet about Ms. Scott to Jim Lysaght?
22026
22027
2202814 A. @asideofbacon.
22029
2203015 Q. That's an internet account. It's not a
22031
22032
2203316 person. What person do you think besides you or
22034
22035
2203617 Ms. Lennox would have a reason to send this Tweet?
22037
22038
2203918 A. She is a person. I just don't know her
22040
22041
2204219 real identity.
22043
22044
2204520 Q. And why would @asideofbacon be e-mailing
22046
22047
2204821 Jim Lysaght about Kathy Scott?
22049
22050
2205122 A. She doesn't like him.
22052
22053
2205423 Q. Doesn't like Jim Lysaght.
22055
22056
2205724 A. Huh-uh, no.
22058
22059
2206025 Q. Why?
22061
22062284
22063
22064
22065
22066
220671 A. She thinks he's a jerk.
22068
22069
220702 Q. So the person you don't know thinks Jim
22071
22072
220733 Lysaght is a jerk --
22074
22075
220764 A. I said I --
22077
22078
220795 Q. -- and that's why this person sent a
22080
22081
220826 Tweet about Kathy Scott.
22083
22084
220857 A. I said I don't know her identity.
22086
22087
220888 Q. Right. But help the jury understand why
22089
22090
220919 you and your business partner didn't send this
22092
22093
2209410 Tweet. Who else would have sent it?
22095
22096
2209711 A. Lots of people who observed what happened
22098
22099
2210012 with Stacey and I and the things that -- and knew
22101
22102
2210313 that we were involved with Red Nation Rising and
22104
22105
2210614 how hard we had worked, witnessed your client,
22107
2210815 what your client did and then what Jim Lysaght
22109
22110
2211116 did, and what Jared Day did, and several of them
22112
22113
2211417 were not happy about it. And their -- Donna would
22115
22116
2211718 have probably sent that Tweet.
22118
22119
2212019 Q. And if we go to the next page of Exhibit
22121
22122
2212320 60, do you know how it is Donna got a certified --
22124
22125
2212621 a picture of a certified copy of a pleading from
22127
22128
2212922 Ms. Lenox's court case with Ms. Scott and Tweeted
22130
22131
2213223 it out from @asideofbacon?
22133
22134
2213524 A. Of course not.
22136
22137
2213825 Q. She would have had to have gotten it from
22139
22140285
22141
22142
22143
22144
221451 Ms. Lennox, correct?
22146
22147
221482 A. No. She could have gotten it from
22149
22150
221513 Ms. Scott's blog. That's where the last court
22152
22153
221544 case I was involved with, the information ended
22155
22156
221575 up.
22158
22159
221606 Q. All right. So we should assume that
22161
22162
221637 Donna or somebody else who was upset about what
22164
22165
221668 happened to you and your business partner were
22167
22168
221699 sending out Tweets from @asideofbacon to Jim
22170
22171
2217210 Lysaght, correct?
22173
22174
2217511 A. No, no. No.
22176
22177
2217812 Q. But it wasn't you.
22179
22180
2218113 A. It wasn't me.
22182
22183
2218414 Q. And you know it wasn't Ms. Lennox.
22185
2218615 A. I know for a fact that that account is
22187
22188
2218916 not Ms. Lennox.
22190
22191
2219217 Q. The next page, @asideofbacon says, quote,
22193
22194
2219518 did #KathyScott happen to mention she had a judge
22196
22197
2219819 issue a temporary restraining order against her?
22199
22200
2220120 Do you have any explanation about how
22202
22203
2220421 @asideofbacon learned about orders entered in
22205
22206
2220722 Ms. Lenox's court case?
22208
22209
2221023 A. I don't know how she learned.
22211
22212
2221324 Q. The next document is composite Exhibit
22214
22215
2221625 61.
22217
22218286
22219
22220
22221
22222
222231 (Defendant's Exhibit 61 marked)
22224
22225
222262 BY MR. DAVIS:
22227
22228
222293 Q. And I'm just going to mark that for the
22230
22231
222324 record.
22233
22234
222355 (Defendant's Exhibit 62 marked).
22236
22237
222386 BY MR. DAVIS:
22239
22240
222417 Q. The next document is composite Exhibit
22242
22243
222448 62, and I'm just going to mark that for the
22245
22246
222479 record, other than with respect to Exhibit 62
22248
22249
2225010 asking you this question.
22251
22252
2225311 The third page, the person using the
22254
22255
2225612 Twitter account @the girl_army sends out a Tweet
22257
22258
2225913 quoting your Word Press files. Do you see that?
22260
22261
2226214 A. Yes.
22263
2226415 Q. And those Word Press files were about
22265
22266
2226716 Ms. Scott, correct?
22268
22269
2227017 A. Yes. And I assume that's what they are.
22271
22272
2227318 Q. Well, did you put anything else on Word
22274
22275
2227619 Press besides press releases about Ms. Scott?
22277
22278
2227920 A. Yes.
22280
22281
2228221 Q. Okay. And those are still all on line?
22283
22284
2228522 A. Yes.
22286
22287
2228823 Q. So we can check it, that's fine.
22289
22290
2229124 And do you know who the person or persons
22292
22293
2229425 using the Twitter account @the_girl_army are?
22295
22296287
22297
22298
22299
22300
223011 A. No, I don't know who that person is.
22302
22303
223042 Q. What about @just_a_cunt?
22305
22306
223073 A. What?
22308
22309
223104 Q. If you'll look at this page right here,
22311
22312
223135 the same Twitter account uses the name Chloe the
22314
22315
223166 Cat.
22317
22318
223197 A. I never even saw that account. If I did
22320
22321
223228 I would have blocked it.
22323
22324
223259 Q. All right. You'll be pleased to know I
22326
22327
2232810 think I'm done. Just give me two minutes.
22329
22330
2233111 (Defendant's Exhibit 63 marked)
22332
22333
2233412 BY MR DAVIS:
22335
22336
2233713 Q. All right. Last documents. Exhibit 63.
22338
22339
2234014 And that's the only copy I have, I apologize. Did
22341
2234215 you send that Tweet?
22343
22344
2234516 A. Yep.
22346
22347
2234817 MR. DAVIS: That's all the questions I
22349
22350
2235118 have for you. I'm not ending the deposition, I'm
22352
22353
2235419 just going to suspend it in light of the
22355
22356
2235720 nondisclosure agreement issue. But I think that's
22358
22359
2236021 the only issue that came up. So your attorney may
22361
22362
2236322 have some questions for you.
22364
22365
2236623 THE WITNESS: I want to correct this.
22367
22368
2236924 I'm not positive that that's the image that I
22370
22371
2237225 sent. I recall sending an image about Miley
22373
22374288
22375
22376
22377
22378
223791 admitting to being Sean, but that could have been
22380
22381
223822 in a different Tweet. Yeah, it could have been in
22383
22384
223853 the Tweet below. So maybe I did. Maybe that is
22386
22387
223884 the correct -- you know, the accurate Tweet that I
22389
22390
223915 sent.
22392
22393
223946 MR. DAVIS: Okay.
22395
22396
223977 THE WITNESS: If this Tweet has an image
22398
22399
224008 of Miley admitting to being that guy.
22401
22402
224039 MR. DAVIS: Okay. That's it.
22404
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2240610 (Deposition concluded at 6:05 p.m.)
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2240911 (Signature reserved)
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224581 The following reporter and firm
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224612 disclosures were presented at this proceeding for review by counsel:
224623
22463REPORTER DISCLOSURES
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22465The following representations and
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224676 Article 10(B) of the Rules and Regulations of the Board Of Court Reporting (disclosure forms)
224687 OCGA 9-11-28(c) (disqualification of reporter for financial interest)
224698 OCGA 15-14-37(a) and (b) (prohibitions against contracts except on a case-by-case basis).
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22480FIRM DISCLOSURES
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22487- Transcripts: The transcript of this proceeding
2248821 as produced will be a true, correct, and complete record of the colloquies, questions, and answers
2248922 as submitted by the certified court reporter.
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225021 CERTIFICATE
22503STATE OF GEORGIA:
225042 COUNTY OF FULTON:
22505I hereby certify that the foregoing
225063 transcript was taken down, as stated in the caption, and the colloquies, questions and answers were
225074 reduced to typewriting under my direction; that the transcript is a true and correct record of the
225085 evidence given upon said proceeding.
22509I further certify that I am not a relative
225106 or employee or attorney of any party, nor am I financially interested in the outcome of this
225117 action.
22512I have no relationship of interest in this
225138 matter which would disqualify me from maintaining my obligation of impartiality in compliance with the
225149 Code of Professional Ethics.
22515I have no direct contract with any party
2251610 in this action and my compensation is based solely on the terms of my subcontractor agreement.
2251711 Nothing in the arrangements made for this proceeding impacts my absolute commitment to serve
2251812 all parties as an impartial officer of the court.
22519
22520
2252113 This the 15th day of February 2018.
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2252615
22527
22528<%Signature%>
2252916 _ Valerie Almand, CRR, RPR, CRC, B-531
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2255124
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225621 To: Louis Levenson, Esquire
22563
22564
225652 Re: Signature of Deponent Lu Anne Esposito
22566
22567
225683 Date Errata due back at our offices: March 20, 2018
22569
22570
225714
22572
22573
225745 Greetings:
22575This deposition has been requested for read and sign
225766 by the deponent. It is the deponent's responsibility to review the transcript, noting any
225777 changes or corrections on the attached PDF Errata. The deponent may fill out the Errata electronically
225788 or print and fill out manually.
22579Once the Errata is signed by the deponent and
225809 notarized,please mail it to the offices of Veritext (below).
2258110
22582When the signed Errata is returned to us, we will
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2258412 of the Errata to all ordering parties.
22585
22586
2258713 If the signed Errata is not returned within the time above, the original transcript may be filed with the
22588
2258914 court without the signature of the deponent.
22590
22591
2259215 Please send completed Errata to:
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2260419 (770) 343-9696
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226301 ERRATA for ASSIGNMENT #ATL 2793574
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226332 I, the undersigned, do hereby certify that I have
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226363 read the transcript of my testimony, and that
22637
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226394 There are no changes noted.
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226425 The following changes are noted:
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226487 Pursuant to Rule 30(7)(e) of the Federal Rules of Civil Procedure and/or OCGA 9-11-30(e), any changes
226498 in form or substance which you desire to make to your testimony shall be entered upon the deposition
226509 with a statement of the reasons given for making them. To assist you in making any such corrections,
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22798Sworn to and subscribed before me this day of
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2280824 NOTARY PUBLIC
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2281125 My Commission Expires: