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3 4 oooaot 5 oo0003 «6 oaooor 7 covo10 8 oo0011 9 oooo14 10 oo0017 11 oo0019 12 00:00:20 13 onoo23 14 oo0o2s 15 ooo2e 16 000027 17 co0030 18 oo00:30 19 oooo3s 20 oo0o36 21 oo-0039 22 oo0044 23 coos 24 oo-00s0 25 00:00:52 00.00:55 00:01:04 00:01:05 00:01:10 00:04:13 00:01:16 aon Oo oh Wh = 00:01:20 wo 00:01:23 ooor2s 10 oo.0129 11 oo.0131 12 ooo: 13 coora7 14 ooorse 15 coors 16 coors 17 coor? 18 ooorss 19 ooorso 20 ooorss 24 oo.orss 22 coors? 23 oo.01s9 24 oo-o200 25 10/20/2015 01:08:15 PM 156 DEPOSITION OF PAUL G. CASSELL Saturday, October 17, 2015 THE VIDEOGRAPHER: We are now on the video record. Today is Saturday, the 17th day of October, 2015. The time is 8:32 a.m. We are here at 425 North Andrews Avenue, Fort Lauderdale, Florida, for the purpose of taking the videotaped deposition of Paul G. Cassell. The case is Bradley J. Edwards and Paul G. Cassell versus Alan M. Dershowitz. The court reporter is Terry Tomaselli, and the videographer is Don Savoy, both from Esquire Deposition Solutions. Will counsel please announce their appearances for the record. MR. SCAROLA: Jack Scarola on behalf of the Plaintiffs. MR. SIMPSON: Richard Simpson of Wiley Rein on behalf of the Defendant and Counterclaim Plaintiff, Alan Dershowitz. With me is my colleague, Nicole Richardson, and Thomas Scott of Cole, Scott & Kissane, also for Mr. -- Professor Dershowitz. MR. SCAROLA: Before we begin the deposition, ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 157 we were informed for the first time yesterday morning of the existence of a recording of a telephone communication between Alan Dershowitz and a woman identified only as Rebecca. That information was conveyed to us subsequent to Professor Dershowitz's sworn testimony that no recording existed, but now that we know that the recording existed and that it was obviously made according to the representations given to us, prior to the completion of the responses to our earlier discovery requests, I would like to know whether it is the Defendant's position that it is necessary for us to propound a new discovery request to get information that clearly should have been disclosed in response to the earlier discovery request. Is that the position that you're taking? MR. SIMPSON: First, Mr. Scarola, I believe you have mischaracterized Professor Dershowitz's testimony. You didn't ask the question whether he made a recording. Yesterday morning, he provided that information in response to a different question. MR. SCAROLA: His exact testimony was: I ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 158 oo201 1 never thought to record it, but that's fine. coo 2 MR. SIMPSON: We don't -- we don't need to ooo205 3 make that -- oozes 4 MR. SCAROLA: We don't need to discuss that. ooozes 5 The question is -- oozes § MR. SIMPSON: What you're saying does -- ooor0s «7 MR. SCAROLA: -- are you going to produce the coozos 8 recording without the necessity of a new request cooz10 9 to produce, or will it be necessary for us to oo0213 10 file a new request to produce? ooo215 11 MR. SIMPSON: As Mr. Scott indicated ono2z17 12 yesterday, we will respond to you to the ooo219 13 discovery request. We will confer at a break and oo0223 14 respond to that question. I don't want to take ooo224 15 time on the record debating it. After Mr. Scott oooz28 16 and I have conferred at a break, we will respond oooz23 17 further to your question. ooo230 18 MR. SCAROLA: All right. So that the record oooz31 19 is clear, it is our position that the recording oozas 20 itself, any evidence of any communication between ooo2a0 21 Mr. Dershowitz and Rebecca and/or Michael, any oov2as 22 notes with respect to any such communications, ooozse 23 text messages, e-mails, and an accurate privilege ooozs7 24 log as to everything that is being withheld is ooo: 25 responsive to the earlier request to produce, and ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 159 oooxos «1 =©that the obligation was to have provided it to us cooxos 2 previously and is to provide it to us now. 00.0311 3 We understand that you're considering that o.o313 4 and you will respond, so we can proceed with the oo31s § deposition. cooats §=§ MR. SIMPSON: Yes. And we disagree about coor 7 that, and as you know, we have a motion to compel ow1s 8 regarding your inadequate privilege log. o0s24 9 MS. McCAWLEY: Just before we begin, I'm ooos28 10 sorry, I didn't announce my appearance for the ooo 11 record. Sigrid McCawley from Boies, Schiller & oo0322 12 Flexner, and I have a standing objection that I'd oo0331 13 just like to repeat on the record. oo0s32 14 MR. SCOTT: Feel better that you got that off eoos32 15 your chest? 000332 16 MS. McCAWLEY: With respect to -- excuse me. 00.0334 17 With respect to my client, Virginia Roberts, oowsar 18 she is asserting her attorney/client privilege oo0339 19 with her attorneys and is not waiving it through oooxs1 20 any testimony here today, and that I object to oss 21 any testimony elicited that would be used as a oooss7 22 Subject of waiver for her attorney/client ooosss 23 privilege. 24 MR. SIMPSON: Would you reswear the witness, 25 please? Page 156 to 159 of 335 ESQUIRE DEPOSITION SOLUTIONS (954) 331-4400 2 of 46 sheets HOUSE_OVERSIGHT_010842