1 SUPERIOR COURT OF THE STATE OF CALIFORNIA 2 FOR THE COUNTY OF LOS ANGELES 3 4 SEG, INC., a California corporation, ) ) 5 Plaintiff, ) ) 6 vs. ) Case No. BC 245328 ) 7 STACEY E. STILLMAN, ) ) 8 Defendant. ) _____________________________________) 9 10 11 12 C O N F I D E N T I A L 13 (THIS MATERIAL IS CONFIDENTIAL PURSUANT TO STIPULATION) 14 15 Deposition of DIRK HENRY BEEN, taken on 16 behalf of Defendant Stacey E. Stillman, at 17 11900 West Olympic Boulevard, Suite 780, 18 Los Angeles, California 90064, commencing at 19 9:12 a.m., Tuesday, April 10, 2001, before 20 Cindy Oatis, Certified Shorthand Reporter 21 No. 9109. 22 23 24 25 2

1 APPEARANCES: 2 3 For Plaintiff ANDREW M. WHITE, ESQ. WHITE, O'CONNOR, CURRY, 4 GATTI & AVANZADO, LLP 10100 Santa Monica Boulevard 5 Suite 2300 Los Angeles, California 90067 6 (310) 712-6100 7 For Defendant MARK GOLDOWITZ, ESQ. 8 1611 Telegraph Avenue Suite 1200 9 Oakland, California 94612 (510) 835-0850 10 For Defendant DONALD A. YATES, ESQ. 11 1706 Fifth Avenue Suite 206 12 San Diego, California 92101 (800) 500-7077 13 14 For Witness SCOTT A. EDELMAN, ESQ. GIBSON, DUNN & CRUTCHER 15 2029 Century Park East Suite 4000 16 Los Angeles, California 90067 (310) 557-8061 17 18 Also Present BILL CONTALDI Videographer 19 STACEY E. STILLMAN 20 21 22 23 24 25 3

1 I N D E X 2 3 DEPONENT EXAMINED BY PAGE 4 DIRK HENRY BEEN MR. GOLDOWITZ 12 5 MR. WHITE 126 6 MR. YATES 141 7 8 9 EXHIBITS FOR IDENTIFICATION PAGE 10 Plaintiff's 11 D - 5-page document entitled "ABC World 137 News This Morning, February 7, 2001" 12 13 Defendant's 14 A - 4-page Notice of Deposition; Production 6 of Documents required 15 B - 7-page Stipulation Regarding 7 16 Confidential Information Related to Deposition of Dirk Been 17 C - 2-page letter to Mark Burnett from 7 18 Dirk Been, dated May 23, 2000 19 20 21 QUESTIONS NOT ANSWERED BY DEPONENT 22 Page Line 23 157 15 24 25 4

1 LOS ANGELES, CALIFORNIA 2 TUESDAY, APRIL 10, 2001; 9:12 A.M. 3 4 THE VIDEOGRAPHER: Good morning. My name is 5 Bill Contaldi. I'm a video technician employed by 6 Barkley Court Reporting. This is the videotaped 7 deposition of Dirk Been, beginning at 9:12 a.m. on 8 April 10th, 2001, in the matter of SEG, Incorporated 9 versus Stacey E. Stillman, Case No. BC 245328. This 10 deposition is taking place at 11900 West Olympic 11 Boulevard, Los Angeles, California, and is taken on 12 behalf of the defendants. 13 Would Counsel please identify yourselves and 14 state whom you represent. 15 MR. GOLDOWITZ: Mark Goldowitz for Defendant 16 Stacey Stillman. 17 MR. YATES: Donald Yates for Defendant 18 Stacey Stillman. 19 MR. WHITE: Andy White for the plaintiff, 20 SEG, Incorporated. 21 MR. EDELMAN: My name is Scott Edelman, and I 22 represent the witness. 23 MR. GOLDOWITZ: Also present with us are the 24 defendant, Stacey Stillman, and the witness, Dirk Been. 25 THE VIDEOGRAPHER: Would the court reporter 5

1 please administer the oath. 2 DEPOSITION OFFICER: Would you raise your right 3 hand, please. 4 5 (DIRK HENRY BEEN, 6 deponent, was sworn and examined 7 and testified as follows:) 8 9 DEPOSITION OFFICER: Do you solemnly state that 10 the evidence you shall give in this matter shall be the 11 truth, the whole truth, and nothing but the truth, so 12 help you God? 13 MR. BEEN: Yes. 14 15 MR. GOLDOWITZ: Okay. I'd like to mark as 16 Exhibit A the Notice of Deposition. 17 (Defendant's Exhibit A was marked for 18 identification by the deposition officer 19 and is attached hereto.) 20 MR. GOLDOWITZ: In addition, this deposition is 21 subject to a confidentiality stipulation between the 22 parties, and this is a copy that I'd like to designate 23 this as Exhibit B. This actually has your caption and 24 the original of the rest, and then the signature -- faxed 25 signatures, just so it's more easily readable. 6

1 (Defendant's Exhibit B was marked for 2 identification by the deposition officer and 3 is attached hereto.) 4 MR. GOLDOWITZ: Finally, at least for the 5 moment, in terms of documents, the witness has brought a 6 two-page letter which we'd like to mark as Exhibit C. 7 (Defendant's Exhibit C was marked for 8 identification by the deposition officer and 9 is attached hereto.) 10 MR. WHITE: And for the record, that -- 11 Exhibit C, the letter of May 23 from Dirk Been to 12 Mark Burnett, has been designated confidential under the 13 stipulation, Exhibit B. 14 MR. GOLDOWITZ: You did swear the witness? 15 DEPOSITION OFFICER: Yes. 16 MR. WHITE: Mr. Goldowitz, I'm sorry. Before 17 you begin your questions, I just wanted to note on the 18 record that we had had a discussion over the last couple 19 weeks with Mr. Yates, who is counsel of record for 20 Miss Stillman in a separate action that she filed up in 21 San Francisco, but which has been transferred to the 22 Los Angeles Superior Court. Stacey Stillman versus a 23 number of defendants, including SEG, Incorporated, all of 24 whom I represent. And Mr. Yates had previously declined 25 to take Miss -- Mr. Been's deposition in connection with 7

1 that other lawsuit, Stillman versus -- I forget the first 2 named plaintiff. Do you know the name? I mean first 3 named defendant. 4 MR. YATES: CBS. 5 MR. WHITE: CBS, et al. It is our position 6 that -- and particularly now that Mr. Yates, as of 7 yesterday, has associated in as counsel of record in this 8 lawsuit of SEG versus Stillman. It's always our position 9 that Mr. Been is here; he's available to answer 10 questions. He's an independent third-party not connected 11 to either side, and it's our position that all parties, 12 all of whom in both lawsuits are represented here today 13 by counsel of record, should ask what questions they have 14 of Mr. Been today. And that his deposition today should 15 be used today for both actions in the L.A. Superior 16 Court. Mr. Yates has again today declined to abide by 17 that request. 18 MR. GOLDOWITZ: Well, I think the discussion was 19 that he reserved judgment on that. He hasn't agreed to 20 that. Is that correct? 21 MR. YATES: That's correct. And I had an 22 agreement, actually, with Holly Sadlon of Mr. White's 23 firm that this deposition was not going to be the only 24 deposition that we would be taking. That we would 25 reserve the right to take Mr. Been's deposition in the 8

1 other lawsuit, which the pleadings for that lawsuit are 2 not even in final form at this time, and the lawsuit 3 hasn't even been served, so I think it's inappropriate at 4 this time to be asking questions of Mr. Been, and I have 5 no intention of asking any questions of him today. 6 MR. WHITE: There is no agreement. I don't know 7 what Mr. Yates was referring to when he referred to some 8 agreement to Holly Sadlon. There was no agreement with 9 anybody in our office, including Ms. Sadlon, about not 10 taking Mr. Been's deposition. Ms. Sadlon requested that 11 of Mr. Yates, and Mr. Yates declined to take the 12 deposition, reserving the right to take Mr. Been's 13 deposition a second time in the Stillman versus CBS case. 14 Again, it's our position that all counsel are 15 here, all counsel are available, and whatever questions 16 they have -- and Miss Stillman's complaint is certainly 17 on record. It's been on record for two months now, and 18 Mr. Yates is certainly capable of asking questions. We 19 reserve any objections we have to any effort to take 20 Mr. Been's deposition a second time. 21 MR. GOLDOWITZ: Okay. Well, the position of the 22 parties is on the record. 23 MR. EDELMAN: But the position of the witness' 24 counsel is not. I'm not really aware of the agreements 25 between the parties because I'm not representing a party 9

1 in the lawsuit. I'm just representing a third-party 2 witness who is here in a lawsuit in which he has no 3 involvement to answer questions truthfully, and I think 4 paramount to everybody's concerns should be the 5 convenience of the third-party witness because he's not 6 involved in this lawsuit in any way, and obviously has to 7 drop everything he's doing to be here. 8 So as I mentioned to everybody off the record, 9 my position is that he's here to answer questions. All 10 the parties who are involved in both lawsuits are here. 11 All of their counsel are here. The lawsuits are 12 obviously very interrelated, and will probably, although 13 I don't know this from this case, but based on 14 experience, I would imagine they're going to be 15 consolidated. So if anybody as any questions to ask of 16 this witness, take advantage of this forum because I'm 17 not going to willingly produce him again. 18 MR. GOLDOWITZ: Okay. And as we've discussed, 19 all objections except to the form of the question will be 20 reserved for trial and examining Counsel will receive the 21 original of the videotape. 22 MR. WHITE: We've also stipulated that the 23 original transcript will be sent to Mr. Edelman to have 24 Mr. Been make any changes or corrections. And after 25 Mr. Been has done so, Mr. Edelman will transmit the 10

1 original transcript with changes to Mr. Goldowitz, who 2 will take responsibility for maintaining the original 3 transcript for any court purposes, thereby relieving the 4 court reporter of any obligation to maintain the 5 original. We've stipulated that a certified copy of the 6 original transcript with changes can be used in lieu of 7 the original transcript for any court purposes -- 8 MR. GOLDOWITZ: No, I'm -- I'm -- stop before 9 the last sentence. We can just -- 10 MR. WHITE: Well, I thought we also had 11 stipulated that the -- 12 MR. GOLDOWITZ: You said that. I'm not 13 addressing that, and I'm not agreeing to that. 14 MR. WHITE: To which? 15 MR. GOLDOWITZ: To the last sentence that you 16 started about a certified copy. 17 MR. WHITE: Okay. We haven't stipulated that a 18 certified copy can be used in lieu of the original. The 19 original will be the only -- 20 MR. GOLDOWITZ: No, I did stipulate to that. I 21 didn't say that. We just -- we can stop where we've 22 agreed. 23 MR. WHITE: I thought we agreed -- okay. 24 I think we've also agreed that we'll relieve the court 25 reporter of any responsibilities once she's transmitted 11

1 the transcript, the original transcript, to Mr. Edelman. 2 And that the witness, Mr. Been, can sign the original 3 under penalty of perjury without having to have a notary 4 and without having to go to the court reporter's office. 5 MR. GOLDOWITZ: Correct. Okay. Are we ready -- 6 MR. WHITE: Very good. 7 MR. GOLDOWITZ: -- to proceed? Okay. 8 9 EXAMINATION 10 BY MR. GOLDOWITZ: 11 Q Mr. Been, you know -- would you prefer me to 12 call you Dirk or Mr. Been? 13 A Dirk would be fine. 14 Q Okay. Dirk, you know that your testimony today 15 is under oath? 16 A Uh-huh. 17 Q And what -- since the court reporter is taking 18 down your words, it's important to answer audibly rather 19 than -- 20 A Yeah. 21 Q -- either hmm, uh-huh, or nodding your head, 22 et cetera, so that she can take down words. 23 A Yes. 24 Q Good. And the oath requires you to testify 25 truthfully, as if you were in a court of law. Do you 12

1 understand that? 2 A Yes. 3 Q Okay. Are you currently under medication or do 4 you have any illness which would prevent you from giving 5 your full and accurate testimony today? 6 A No. 7 Q If -- if you -- if you don't understand a 8 question, then just say that, and I'll try to rephrase it 9 so you can fully understand the question. 10 A Am I speaking to the camera or will I be 11 answering you or... 12 Q Well, you can -- you answer me, but I guess you 13 can look at the camera. 14 A Okay. 15 Q That's... 16 MR. EDELMAN: Probably used to doing that by 17 now. 18 THE DEPONENT: Yeah, somewhat. 19 Q BY MR. GOLDOWITZ: And it will be helpful if you 20 can wait until I've finished the question before 21 answering, so... 22 A Yes. 23 MR. EDELMAN: I'm sorry to interrupt. One other 24 concern I need to put on the record. 25 Andy, I assume we have an understanding with 13

1 your clients that it's okay for the witness to answer any 2 questions relating to the show, and that in doing so he's 3 not going to be in any way violating any confidentiality 4 provision of his contract? 5 MR. WHITE: Yes. And we'll confirm on the 6 record that with respect to -- because of the stipulation 7 and counsel's agreement to the protective order that is 8 protective -- treatment [sic] stipulation Exhibit B that 9 assures the confidentiality of the transcript, that 10 Mr. Been's testimony, we -- CBS does not consider to be 11 in violation of his confidentiality agreement. 12 MR. EDELMAN: Thank you. 13 Q BY MR. GOLDOWITZ: And lastly, if at any time 14 during the deposition you realize that some earlier 15 testimony you made a mistake or you forgot something, 16 just let us know and we can correct the record at that 17 time. Okay? 18 A Yes. 19 Q Okay. Have you -- oops. Have you ever been 20 deposed before? 21 A No. 22 Q Have you ever testified in a court of law 23 before? 24 A No. 25 Q Have you reviewed or been shown any documents in 14

1 preparation for this deposition? 2 A Just looking over my letter that I wrote. 3 Q That's Exhibit C, the two-page letter from you 4 to Mark Burnett, dated May 23rd, 2000? 5 A Yes. Excuse me. 6 Q And aside from your lawyer, did you talk to 7 anyone in preparation for this deposition? 8 A No. 9 Q Could you state for the record your full name? 10 A Dirk Henry Been. 11 Q And your address? 12 A 819 North Inglewood Avenue, Apartment No. 2, 13 Inglewood, California 90302. 14 Q And how long have you lived there? 15 A Since October, so -- 16 Q October of 2000? 17 A Yes. So how many months is that now? Seven, 18 something like that. 19 Q Do you live alone or do you live with others? 20 A I live with roommates. 21 Q Who are the roommates? 22 A Jessey Parsons and Cory Passell. 23 Q I'm sorry? 24 A Jessey Parsons and Cory Passell. 25 Q Okay. How long have they lived there? 15

1 A Jessey Parsons has been there three years, I 2 believe, and Cory Passell's been there six months. 3 Q And where were you born? 4 A Sauk Prairie, Wisconsin. 5 Q And when? 6 A June 15th, 1976. 7 Q What high school did you attend? 8 A Sauk Prairie High School. 9 Q And college? 10 A Seattle Pacific University. 11 Q What degree did you receive? 12 A Bachelor in religious studies. 13 Q Have you been active in sports? 14 A Yeah, I was a -- I was a high school athlete in 15 multiple sports and then a college basketball player. 16 Q And have you also coached some sports? 17 A I've coached all different levels of -- up to 18 high school to elementary, middle school. 19 Q In what sport? 20 A Basketball. 21 Q And can you just briefly tell us what jobs 22 you've held since graduating from college? 23 A I was a youth director at a church beginning 24 in -- interning in '98, before graduating, and then 25 continuing at a full-head position until October of '99. 16

1 Throughout that time I also had many part-time jobs at 2 Boys and Girls Clubs, public middle and high schools, 3 coaching, teaching, security guard, counseling. I also 4 worked at -- I've also worked stock at various 5 warehouses. Just in the general -- general work force. 6 Q I didn't ask you, when did you graduate from 7 college? 8 A I graduated from Seattle Pacific University in 9 1998. 10 Q And you were a contestant on the Survivor 11 television show? 12 A Yes. 13 Q And what have you done since the conclusion of 14 that in terms of jobs or work? 15 A Every weekend I travel to various locations 16 around the country and speak to kids, high schools, 17 churches, any youth group, colleges, anywhere where 18 there's kids, basically. That's generally it. And then 19 the rest of the time in L.A. studying acting and 20 auditioning and various things in the entertainment 21 industry. 22 Q And the traveling and speaking, is that -- you 23 do get some compensation for that? 24 A Yes. 25 Q And who -- is there a particular person or 17

1 entity who has been coordinating that? 2 A Yeah, christianspeakers.com is my speaking 3 group. 4 Q How did you find out about the Survivor show? 5 A I was actually living out of my car, traveling 6 the country. I left Seattle in October of '99, and I was 7 driving down the West Coast, came to L.A. Had my entire 8 bank account stolen, and as a result of that, having to 9 return back to my farm in Wisconsin where I was raised, 10 where my family still lives. And that was around 11 Thanksgiving time, the end of November, the beginning of 12 December. 13 December 7th I was watching TV, and on the news 14 a little clip about this new little TV show called 15 "Survivor." The next day, December 8th, woke up, looked 16 it up on the Internet. Application process was on there. 17 And you had to make a video, fill out the application. 18 The deadline for that was December 10th. 19 Q And what interested you in applying for 20 Survivor? 21 A To me, just the general concept of Survivor, how 22 I was born and raised on a dairy farm, and I'm into all 23 aspects of being outdoors, the camping and the hiking, 24 hunting, fishing, and just -- just competition. Being 25 number one. I love to compete. This is called the 18

1 ultimate game for a lot of reasons, but basically it has 2 no rules. Just 16 people stuck on an island, whatsoever 3 happens happens, and the last person standing is the 4 winner after 39 days. So just the concept of the game 5 was a dream come true for me. 6 Q Please describe the application process that you 7 went through to become a contestant. 8 A First part was filling out the application and 9 making the video and sending that in by the deadline of 10 December 10th. After that I believe it was 6,000-plus 11 applicants. After that, 800 applicants were chosen for 12 the first round, interviewed in I believe 16 different 13 locations around the country. 14 I did my initial interview in CBS affiliate in 15 St. Paul, Minnesota in early January. In late January I 16 was then selected for the second round, where 48 people 17 from around the country were selected, flown to L.A. 18 Spent 10 days in Santa Monica going through the 19 application process, which included the first day about 20 6 hours of psychological testing and then a very complete 21 physical with a doctor. 22 And the rest of the time was just various 23 interviews with the casting director and the producers of 24 the show and the writers and directors, the show's 25 psychologists. Just multiple interviews until the 19

1 10th day, when they slimmed it down to 22 and we were 2 taken over to CBS. I don't know. It was CBS central 3 office, I guess. And met with Leslie Moonves, the 4 president of CBS, and all the vice presidents, and had 5 about a -- each one of us had an individual 5-minute 6 interview with him, and he selected the final 16 for the 7 show. 8 Q And you were one of those 16? 9 A Yes, I was one of those 16. 10 Q How did you feel about that? 11 A I was pretty excited. Again, it was a dream 12 come true, and it -- just the opportunity to be a part of 13 it was, again, just something I never ever could have 14 dreamed up myself. 15 Q In -- well, one of the aspects of the show, 16 people being marooned on this island, you were each 17 allowed to bring one luxury item with you; is that 18 correct? 19 A Uh-huh. Yes. 20 Q And what was the luxury item that you -- that 21 you brought? 22 A My luxury item was my Bible. 23 Q And why did you bring that? Why did you choose 24 that as your luxury item? 25 A I've been born and raised a Christian. In my 20

1 family that's -- that's our number one priority, and in 2 my life that's my number one priority no matter what I'm 3 doing. And going 39 days, which I planned on spending 4 39 days on that island and winning, and going 39 days 5 without the word of God in my life being -- that being 6 the source of my strength and power and inspiration in 7 all that I do just seems -- it seemed like a no-brainer 8 to me to bring that. There was no -- there was no -- 9 there was never any thought of anything else that I would 10 have liked to bring, so that was always my number one 11 priority. And I made that clear with the -- with the 12 staff that if I couldn't have my Bible, I wouldn't be 13 interested in going. 14 Q And then when you were voted off the island you 15 left the Bible for the others. Why did you leave the 16 Bible on the island? 17 A That particular night, the 15th night, when I 18 was voted off, I was very confident that I was coming 19 back, and at that -- how the game worked is you were 20 supposed to take all your belongings with you to the 21 tribal council, because if you got voted off, you would 22 not come back to the beach and -- and -- where all your 23 stuff was. 24 So that night I went -- I went to pack my Bible, 25 and for whatever reason, I believe it to be the Holy 21

1 Spirit, just told me listen, why don't you just leave it 2 behind just in case you get voted off. And to me, I 3 thought sure, why not, because I know I'm coming back. I 4 know there's no chance of me being voted off tonight. I 5 set it back down. But my thought was that in case I did 6 get voted off, that if times got really hard for anybody 7 that was left on the island, they would have the 8 opportunity to -- to be inspired in it in the same way 9 that I am inspired by the Bible every day. 10 Q As a result of going through the process of 11 Survivor, did you make any friends from the contestants 12 or other people who were part of the Survivor process? 13 A I really feel like the other 15 people out there 14 kind of became family. When you go through I guess what 15 I would call a traumatic event, not meaning negative, but 16 just something very traumatic, very life-changing, and 17 all 16 of us went through that together, you have a 18 certain bond with these people. Especially with the 8 19 that are in your tribe, because you spend so much time 20 with them and you go through so much together and it's a 21 very intense situation. 22 So I considered them more than friends, I guess, 23 and -- I guess family. And just like family sometimes, 24 it's -- you love everybody, but sometimes it's kind of 25 hard to like everybody, so... But I know that -- I think 22

1 that I have friends for life with -- I know that I'll be 2 friends for life with all the other 15 contestants. 3 Q And the day you were voted off the island, that 4 was Day 15 in the contest; is that -- 5 A Yes. 6 Q -- is that correct? 7 In real time was that March 27th, 2000? 8 A I don't know the day right off the top of my 9 head, but I know it's in that general time frame. 10 Q Okay. And how did you feel about being voted 11 off? 12 A Being voted off was -- it was very -- initially 13 it was such a shock, because I was -- I had no clue that 14 I would go that night. And so like anything when you're 15 in shock, your body kind of moves and -- but your mind 16 really doesn't know what's going on. It probably took me 17 a good two weeks to realize that I was no longer on that 18 island. 19 But the entire experience was obviously a very 20 emotional one because the entire show is such an 21 emotional thing, such a traumatic event, such an intense 22 game, that being -- you know, you're out there surviving 23 with these people and you bond with them. And then 24 when -- when you have -- when you have to vote one of 25 them off, that's hard enough, but then being voted off is 23

1 like being cut off from your family, and it's a very -- 2 it's hard -- it's impossible not to take things 3 personally, even though that generally had little to do 4 with it. 5 But you want to -- you want to -- it's 6 another -- it's like -- it's the biggest form of 7 rejection, and the problem is you know probably millions 8 of people will be watching at home. So -- so there was 9 nothing fun. It was a learning and growth process, but 10 nothing fun about being voted off. 11 Q When you were voted off on Day 15, what did you 12 then do? 13 A Initially? 14 Q Yeah. 15 A The process is is you walk down the trail from 16 tribal council into the jungle. They point you in the 17 right direction and you just start walking. There's a 18 camera there about 50 or so yards down the trail. You 19 put the mic on, you speak into the camera. Anything you 20 want to say. You can -- you have as long as you want. 21 I stared at the camera for -- I really don't 22 know how long. Like I said, I was in shock. Maybe half 23 an hour, 45 minutes before I said anything. Said my 24 final words. That maybe took 10 minutes at the most. 25 Got up, took the mic off. Continued to walk down the 24

1 trial. There I was met by the psychologist and one of 2 the women involved in casting. 3 And the psychologist is there obviously to help 4 you deal with anything that you were going through. And 5 then the lady, her name is Rosslynn, she meets you with a 6 bag of all your favorite things, favorite candy or -- 7 mine happened to be bubble gum and -- what else was in 8 there? -- orange juice and -- you know, whatever else -- 9 whatever your favorite things might have been. Fresh 10 clothes. You have the opportunity to take a shower, 11 sleep in a tent, eat as much food as you want. 12 I was told I ate the most food of anyone being 13 voted off, but I ate the food. Everyone else went to 14 bed. And I spent the entire night sitting on that picnic 15 table trying to stay out of the way of the rats and 16 looking into the ocean, just thinking over the process. 17 The next morning a boat comes and picks you up and takes 18 you back to the mainland of Malaysia. 19 Q And where did you stay or where did you go on 20 the mainland when -- the next day? 21 A Kota Kinabalu, which I believe is the capital of 22 West Malaysia. And we -- they put us up in the resort 23 that the whole production staff was based out of, and 24 that's where we spent as much time as we would have liked 25 to spend there. 25

1 Q Do you remember the name of that resort? 2 A I do not remember the name off the top of my 3 head. 4 Q The Magellan Hotel; is that -- 5 A Yes, that's correct, the Magellan Hotel. 6 Q So looking back now, how do you feel about your 7 participation in Survivor? 8 A I guess I don't know anymore how to put it in 9 words. The show itself, the -- do you mean the 10 participation actually on the island? 11 Q Yeah, your experience of going through that 12 process. 13 A Again, I don't -- I don't really know how to put 14 it in words. It was such a great thing, such -- just a 15 wonderful experience. You know, it wasn't -- I really 16 didn't know what it was when I got into it, and I 17 didn't -- you know, I think it was a -- I had no idea 18 what I was doing when I got there, but I went over there 19 with the focus and goal in mind to make sure that, 20 number one, I kept it real before my Lord and for myself. 21 So -- meaning that I wasn't going to change who I was 22 or -- or sell out any of my morals or values just to 23 succeed in the game, but also just to make sure that I'm 24 enjoying every moment, and that's hard to do when you're 25 starving and -- and soaking wet and dirty and -- and just 26

1 tired and just going through that entire process. 2 But I really felt like that I had as much fun as 3 one could possibly have in 15 days on that island, and 4 that I enjoyed every moment. Whether I was having fun or 5 whether I was suffering, that -- that I really grabbed 6 every moment that I could and just tried to live it to 7 the fullest that I knew how to. 8 Q Do you know what the issues are in this lawsuit? 9 A Yes. 10 Q And so you're aware that Plaintiff Survivor -- 11 SEG for Survivor Entertainment Group -- or I guess 12 formerly Survivor Entertainment Group is suing 13 Stacey Stillman for $5-million-some-odd? 14 A Yes. 15 Q And Stacey was voted off the island on Day 9 of 16 the contest; is that correct? 17 A Yes. 18 Q And you and Sean Kenniff were among the votes 19 who voted Stacey off the island; is that correct? 20 A Yes. 21 Q Okay. The day after you were voted off the 22 island you went to and stayed in the Magellan Hotel; is 23 that correct? 24 A Yes. 25 Q And then that evening did you have -- 27

1 MR. WHITE: Excuse me, Counsel, I think you're 2 now leading the witness, and I don't think there's any 3 basis for asking questions in a leading manner. I 4 haven't objected on the foundational questions, but to 5 put -- you're now asking questions that go to more of the 6 substance. And I anticipate where your questions are 7 going, and I think at this point it's inappropriate to be 8 asking Mr. Been leading questions. 9 You have -- he's an independent third party, 10 certainly not hostile to your client and your client's 11 position, and therefore we'd object to the form of any 12 questions that are phrased in a leading way to suggest 13 the answer. 14 Q BY MR. GOLDOWITZ: What did you do that evening? 15 A Earlier in the day I'd made plans to meet with 16 some of the production staff that had the day off and had 17 come back from the island to the Magellan with me and 18 Rosslynn and the psychologist, and we were all going to 19 go out to dinner. So that day I went back to my hotel, 20 took a shower, relaxed, and met them in the lobby that 21 evening to go to dinner. 22 Q And who did you go to dinner with, if anybody? 23 A Yeah, it was three -- like I said, three or four 24 of the production staff, so camera crew and sound crew 25 and different guys like that. Rosslynn from casting. 28

1 The psychologist. I can't remember his name off the top 2 my head. And then Stacey and Ramona, who were also 3 participants in the show. 4 Q Did you have a conversation with Stacey in the 5 lobby before going to dinner? 6 A Yes. 7 Q And what did you tell her in that conversation? 8 A Basically, Stacey -- I was the next person voted 9 out of my tribe after Stacey, so I was the first person 10 that in -- in the sense had to face Stacey or come in 11 contact with her or whatever you want to say. 12 And I knew that Stacey was upset, just like -- 13 you know, she was going through the same emotions that I 14 was going through, wondering well, what happened. Why 15 this. What that. And at that moment I wanted to clear 16 some things up, so I told her what I -- I told her what 17 my experience was and why I'd voted against her and what 18 had happened. 19 Q And what was it that you had told her? 20 A I basically -- I basically apologized, first of 21 all, for voting her off. I made it clear that -- that if 22 I had any regret from my time on the island, that would 23 be the only thing I regret, was casting that vote. I 24 felt like I had taken some bad advice, and just -- I 25 related to her the story of what happened -- 29

1 THE DEPONENT: Do you need some water? 2 DEPOSITION OFFICER: No, I'm fine. 3 "I related to her the story..." 4 THE DEPONENT: I related to her the story of 5 what had happened after we had -- the Tagi Tribe had lost 6 the immunity challenge, and kind of why some in the group 7 had decided to vote against her. 8 Q BY MR. GOLDOWITZ: And what was that story? 9 What -- what was behind the votes? What -- I'm sorry. 10 What was it that you told Stacey was behind the votes? 11 A I'm not sure if I told her the entire story at 12 that moment, exactly what had happened, you know -- 13 Q You had several conversations with her -- 14 A Right. 15 Q -- about this -- 16 A So I know that I had told her the whole story at 17 one point. I don't know if it happened that night -- 18 Q Okay. 19 A -- because we were in a -- in a crowd of people 20 who were ready go and things like that. 21 Q Was there anyone else -- when you were talking 22 about this, was there anyone else present? 23 A No. People had -- people had tried to join in 24 on the conversation, and I -- I pulled Stacey to the 25 side, and I made it very clear that this was a private 30

1 conversation between me and Stacey. 2 Q So the story that you're about to explain that 3 you told Stacey was something that you told her at some 4 point in time; you're not sure whether it was on this 5 date or sometime later? 6 A Because I know I've told Stacey in private many 7 times, but like I said, I don't know if I went through 8 the detailed process exactly. I think I gave her a 9 general idea that night of what had happened, but I 10 don't -- I don't think went step by step, but I did at a 11 later point. 12 Q So whether it was then or later, what was the 13 story that you eventually relayed to Stacey about what 14 happened in terms of the votes? 15 A On the ninth day we were taken to another side 16 of the island to -- every three days there was a 17 challenge in the game, and if your tribe lost that 18 challenge, you had to vote one of your members off. 19 That's just the rule of the game. On the ninth day 20 we were taken to another side of the island to play a 21 competition. I don't remember the name of it, but 22 generally it was -- it was a race through the jungle to 23 rescue one of your tribe members and to bring them down 24 on a stretcher that we had constructed earlier in the day 25 and get them to a tent on the beach. And the first tribe 31

1 to do that would win. 2 We thought that we had a very strong -- strong 3 chance of winning. We really did poorly in the 4 competition and we lost. And once you -- you're already 5 starving and very tired and -- and physically just 6 completely drained before the game ever starts because 7 you're not eating, you're not sleeping well. It's very 8 intense. There's a lot of different things going on. 9 And so now you play this game, and after this game you're 10 completely -- completely drained to a whole other level. 11 And also when you lose that just kind of takes 12 all the spirit out of you because you know you have to go 13 through this long and crazy hike through the jungle to 14 vote one of your family off, one of your tribe off. So 15 at that point I just remember being in my own world 16 sitting on the beach. The filming was done. The other 17 tribe was celebrating. We were all spread out, kind of 18 on the beach as far as I can remember, just, you know, 19 world kind of thinking, looking ahead to the night, very 20 despondent, very -- just oh, we got to make that trip 21 again and oh, we got to vote somebody off. Okay. 22 Now, you really begin to seriously think who are 23 you going to vote off. At that point I was approached by 24 Mark Burnett, producer of the show, and he came up to me 25 and we had a very short and to the point conversation 32

1 and -- about five minutes, and he just basically made the 2 point to me that Rudy Boesch, another contestant in the 3 show, the type of skills that he brings and his abilities 4 are going to be very important down the road and the 5 different challenges and that will be important to you as 6 a tribe. And so the best thing that could be done for 7 you would to be to -- to form an alliance against Stacey 8 and vote Stacey off because Rudy is the -- is the -- is 9 the guy that you will need in the future. 10 Q When you say the type of challenges, why would 11 it be that the type of challenges would make Rudy better 12 for your team than -- than Stacey? Or -- or why was it 13 that Mark Burnett was communicating to you Rudy would be 14 better for upcoming challenges? 15 MR. WHITE: The way it's phrased, you're asking 16 him to read Burnett's mind. I think you have ask -- 17 Q BY MR. GOLDOWITZ: Well, if you know. What did 18 he say that indicated to you the reason behind the 19 suggestion that you should -- or the request or whatever 20 it was. Was it a suggestion or request or what? How 21 would you... Advice? 22 A In the situation of the game, in your -- the 23 16 of us were thrown out there with really no knowledge 24 of what was going on. And we were not allowed to talk to 25 anybody that was not associated -- that was not in the 33

1 tribe. So the camera crew, the production staff, they're 2 around set times, but we could never have casual 3 conversation with them. It happened, but was not 4 supposed to happen. 5 But it just -- it was rare and it just -- they 6 never would give any information towards anything they 7 were -- not to me, anyways, in my experience, so they 8 were very good about never telling you anything that was 9 going to happen or giving any advice or anything. But a 10 daily ritual that happen would be Mark Burnett and 11 Craig -- I can't remember his last name off the top of my 12 head. 13 Q Poligian? 14 MR. WHITE: Poligian. 15 THE DEPONENT: -- Poligian, the two producers of 16 the show, would come around to the tribe -- our tribe, at 17 least, Tagi Tribe every day. I believe it happened every 18 day. And would just come around and say things, offer 19 little tips, maybe how to fish or maybe what the best 20 time to fish would be, or they'd throw in little things. 21 Yeah, the other tribe is suffering. Just different 22 little -- little things. 23 And it -- everything that -- they were the only 24 people that were communicating to us anything that would 25 be helpful to us, so when they would come around, 34

1 anything they -- everyone would kind of crowd around and 2 listen because you never -- and -- and no one ever made 3 it clear that that would be happening or why it was 4 happening. I did not know Mark Burnett's or Craig 5 Poligian's motivations behind it, but that's just what 6 happened every day. That -- so -- those two kind of held 7 all the keys, and you knew that. 8 Q BY MR. GOLDOWITZ: By held all the keys, you 9 mean... 10 A Those two knew everything that was going on, and 11 you knew that. And you -- you also knew -- you were 12 aware of the fact that they knew the entire plan of the 13 game. They knew maybe the competitions in the near 14 future were going to be more physical or less physical. 15 And maybe Mark Burnett was trying to imply to me that 16 whatever -- whatever he -- Mark Burnett believed Rudy's 17 skills are and were at that time, that he was trying to 18 impress on me that Rudy is going to help your tribe win 19 in the future. And for whatever reason, Stacey was the 20 name that he brought up, and said more -- more than -- 21 you know, and what you need to do is you need to vote 22 Stacey off instead of Rudy. 23 Q And I'm not asking you to try to read 24 Mark Burnett's mind, but when you had this conversation 25 and -- and he said vote Stacey off and not Rudy because 35

1 of the upcoming challenges, what was your understanding 2 of the nature of the upcoming challenges? Or did you 3 have an understanding of why he was suggesting that the 4 upcoming challenges would mean it would be better to have 5 Rudy continue on the island and have Stacey go off? 6 A Like I said before, I had -- none of us had any 7 clue day to day what would be happening or what future 8 challenges would be. In fact we generally never knew 9 what the challenges were until we got to the challenges. 10 Very little warning. They give you little clues, but you 11 never knew specifics. So I had no idea why he was saying 12 it or what he was trying to -- what his goal was. 13 I simply looked at it as somebody who knew 14 everything, and for whatever reason he was giving you an 15 answer or giving you a key to success, and took that and 16 said okay, here's somebody who knows everything. He's 17 saying this. I need to look at it and at least respect 18 it and -- and -- and say okay, why is he saying this, and 19 put some thought into it. 20 Q And prior to this conversation with 21 Mark Burnett, who had you been planning to vote -- that 22 day your tribe was required to -- to -- because you lost 23 the immunity challenge, was required to vote off someone; 24 is that correct? 25 A Yes. 36

1 Q And -- so prior to your conversation with 2 Mark Burnett, who were you planning on voting off? 3 MR. WHITE: Assumes facts not in evidence. You 4 haven't established that he had a plan. 5 Q BY MR. GOLDOWITZ: If anyone. If anyone. 6 A Well, each day we were required to do multiple 7 interviews individual with the field producer and the 8 camera crew, and when you do those interviews they 9 specifically ask you, okay, who are you voting off or do 10 you -- you know. And my feel, my -- my intuition at 11 that time, where my heart was leading was Rudy because of 12 his age and because of his physical limitations. And the 13 competitions had been nothing but physical, and I felt 14 that -- that Rudy was a liability to the team and that 15 he, really, as far as an overall tribal effort he was 16 very limited to even what he was doing on a daily basis. 17 He simply was just cooking rice and that's it. 18 And I felt that was a job that any of us could 19 accomplish, even though I'm -- again, nothing personal 20 against Rudy, just that's where I was before I left for 21 that competition. And so my vote before I left for that 22 competition, as far as I knew, was going to go for Rudy 23 if we went to the tribal and if we had to go to the tribe 24 council. 25 Q And were -- were you interviewed on video by 37

1 someone from the production crew that day about who you 2 were going to vote off? 3 A I can't remember specifically, but I'm sure it 4 happened because it happened nearly every day, multiple 5 times during the day. So I believe it happened. It's 6 possible that it may not have. 7 Q And if it did happen, you would have told them 8 what your plan was, which was -- 9 A Yes. 10 Q -- to vote off Rudy? 11 A Yes. 12 Q Okay. And did you change that plan? 13 A Yes. 14 Q And you ultimately, as we've discussed, voted 15 off Stacey. Why did you decide to change who you were 16 going to vote off on that day? 17 A After that conversation with Mark on the beach 18 before we returned to our tribe, obviously he -- I shared 19 what he said to me. Then as I watched -- you know, I was 20 kind of wondering, well, why would he say this to me. I 21 guess I just -- I didn't understand exactly what he 22 was -- I mean I got the point that, okay, he -- he's 23 telling me that -- vote Stacey off, keep Rudy around, but 24 why was he saying this to me, and I was trying to work 25 through that in my mind. And as I watched him, he walked 38

1 from me to the next guy down the line, who was 2 Sean Kenniff. 3 Q "He" being Mark Burnett? 4 A Mark Burnett. And -- and that conversation 5 between me and Mark Burnett was an individual 6 conversation with no one around, and the same thing with 7 Sean and Mark. And as I watched, it appeared they were 8 having the same conversation. I could not hear, but to 9 me it appeared that they were having the very same 10 conversation, same length in time, looked like the same 11 topic. 12 Mark walked away. The boat showed up to take us 13 back to our beach. We all got on. And, again, this is 14 the time where the tribe is just very despondent and we 15 were just whatever. Just no one talked, no one -- no 16 conversation -- very little conversation, where we get in 17 the boat, head back to the beach, dropped off at the 18 beach. Me and Sean immediately went for water, which 19 means -- water was -- to get good drinking water was an 20 hour hike through the jungle, which gave you plenty of 21 time to talk with whoever you went, and that was always a 22 good excuse to go get -- to talk, was to go get water. 23 Me and Sean grabbed the canteens, went off for 24 water, and remember distinctly sitting at the water hole 25 filling up our canteens, talking about hey, what did -- 39

1 what did Mark say to you. Oh, yeah, what did Mark say to 2 you. Turns out that we had had -- and I'm not saying 3 verbatim, but basically the same conversation as far as 4 content and we -- because we discussed it at that point, 5 and I -- and it matched up to what Mark had said to me, 6 same theme. Rudy's who you need around. Voting Stacey 7 off would be the best idea. 8 Me and Sean talked about that. And I remember 9 saying well, if Mark said it, then it must be -- there 10 must be a reason behind it, you know, and Mark knows what 11 he's talking about. So for whatever reason, you know -- 12 and, again, I was still -- I didn't understand what Mark 13 was doing or what was going on, but I just knew hey, if 14 Mark is saying it, then it's something worth paying 15 attention to. And I felt like maybe that is what's best 16 for the tribe. 17 And why -- why would any -- you know, of course 18 Mark's not going to mislead anybody or anything like 19 that, and he knows the upcoming challenges. And I 20 remember talking to Sean. Sean, you need to talk to 21 Rich, another contestant, and see what he's doing. 22 And -- and Sean's view was kind of like well, I'll vote 23 for Stacey if -- you know, if it's a safe thing to do. 24 If everyone else was going to vote for Stacey. And -- 25 Q By vote for, you mean voting them off? 40

1 A Voting -- voting against, yes, and voting off 2 the island. So -- because -- as far as strategy, you 3 didn't want to vote some -- against someone and then have 4 them still be around and maybe make an enemy. And that 5 was Sean's thinking. And I was thinking well, if it's 6 best for the tribe. If this is really going to help us 7 down the road, this is something we need -- we need to 8 do. 9 At that point me and Sean had pretty much 10 decided that we were going to vote for Stacey based off 11 the knowledge that -- what we believed Mark had told us. 12 And -- and just simply from that, we thought we were 13 doing what was best for the tribe. 14 Q And if Mark hadn't -- strike that. 15 Mark Burnett, you're respecting his opinion of 16 what's going to happen because he's the executive 17 producer of the Survivor; is that -- 18 MR. WHITE: Leading. Object to the form. 19 There's no basis for leading this witness. 20 Q BY MR. GOLDOWITZ: Okay. Why was it that you 21 felt that Mark had a good idea of what -- what -- what 22 was going to happen and a good grasp on what might be 23 in -- in your -- in the tribe's best interest? 24 A Mark, being the executive producer of the show, 25 had the ability to watch the entire -- all the footage 41

1 that was shot of the contestants. So even though he 2 physically wasn't present, he got to see what every 3 individual was saying in their interviews -- their 4 private interviews, group interviews. He knew everything 5 that was going on. So he basically knew what as 6 individuals each one of us was thinking. 7 Obviously he knew us from our background and the 8 psychological testing that he had done. He knew what our 9 tendency was. And he just -- he pretty much -- he knew 10 everything there was to know about us and everything 11 there was to know about the game. So you knew -- and 12 then also that he was the only one that was giving any 13 leading or advice or help throughout the entire game, so 14 you knew that, again, he knew what was going on, and you 15 assumed that he knew what was best for your tribe. And 16 that's all he was sharing with you, was I'm here to help 17 you and -- and so you just -- you knew that Mark knew -- 18 again, you knew that Mark -- Mark had all the answers. 19 Q In terms of having all the answers, did you 20 assume that he knew what the upcoming challenges were 21 going to be? 22 A Yes. 23 Q And why did you assume that? 24 A Again, Mark Burnett, being the executive 25 producer, had the entire show written and planned. And 42

1 even though maybe daily they didn't know everything that 2 would happen and how everything would work out and -- you 3 know, I think they were going day by day because this was 4 the first time a show like this had ever been done, and 5 this production staff had ever done anything like this, 6 but knew that they had known the games they were going to 7 play. 8 They informed us before we left for the island 9 there was an array of games that they could choose from 10 every day, depending on the circumstance, what's going on 11 there. Whatever that meant, I -- you know, whatever that 12 means. But that they had written out 50 games that they 13 could play throughout the entire -- to choose from 14 throughout the entire game. So we were aware that Mark 15 had this list of games and would be choosing which ones 16 we will be playing. 17 Q To what extent was your decision to change your 18 vote from the original intended vote to vote Rudy off the 19 island to -- to what you eventually did, which was to 20 vote Stacey off the island, to what extent was that based 21 on the conversation that you had with Mark Burnett and 22 what you understood Sean to have -- the conversation that 23 Sean told you he had with Mark Burnett? 24 MR. WHITE: Object to the form. You've put in 25 there change in his vote. Mr. Been said he had a leaning 43

1 or predisposition. He had not voted. He's not changing 2 his vote. 3 MR. GOLDOWITZ: Oh, right. He was changing his 4 intent. 5 THE DEPONENT: Well, I can't speak for Sean, but 6 for me, the idea of voting Stacey off, in my mind, had 7 not entered my mind until I had that discussion with 8 Mark. For me, the leading candidate was Rudy. That was 9 not written in stone. There were other people I was 10 considering. But, again, my strongest choice was Rudy 11 at -- before talking to Mark Burnett. 12 And after talking to Mark, I for whatever reason 13 at that time thought that hey, here's somebody that knows 14 everything that's going on, and he obviously knows what 15 we're going to be doing in the future, and for what 16 reason I don't know why, but maybe just to be a good guy, 17 he dropped us these hints. He said this is what's best 18 for you guys. He physically with his own mouth said 19 this. 20 So I took that to heart and thought about it the 21 best I could in the situation I was in, and said okay, he 22 must know what he's talking about, and made a rash 23 decision and eventually changed my vote. And that's who 24 I ended up voting for, was Stacey, on that night, the 25 evening at the tribal council. 44

1 Q BY MR. GOLDOWITZ: If you had not had that 2 conversation with Mark Burnett, do you think you would 3 have voted Stacey off -- 4 MR. WHITE: Calling for speculation. 5 MR. GOLDOWITZ: -- at that time? 6 Well, he knows whether he's able to or not. 7 You can answer. 8 THE DEPONENT: I don't know. The situation we 9 were in was so intense and -- and so ever-changing and 10 it -- it was just -- it was -- you had to really think 11 fast. Even though you had a lot of time to sit there and 12 think, you really had to think fast. And looking back on 13 the situation, I really thought fast and tried to make 14 the best decision I could based on the information I had. 15 I don't know what would have happened, but, 16 again, until that conversation that I had with 17 Mark Burnett, never had the thought entered my mind of 18 voting Stacey off. 19 Q BY MR. GOLDOWITZ: In -- prior to voting Stacey 20 off, your tribe had voted one -- had to vote one other 21 person off the island before; is that correct? 22 A Uh-huh. 23 Q And do you recall how many votes during that 24 vote -- and the person voted off who was? 25 A Sonja. 45

1 Q And do you recall how many votes she had -- she 2 received to be eliminated from the contest? 3 A I don't know off the top of my head, but I 4 believe it was four or five -- no, it had to be five -- 5 Q And do you recall -- 6 A -- at least. 7 Q Do you recall who else received votes for being 8 eliminated on that first vote of your tribe? 9 A I believe Rudy had gotten two votes and -- I 10 don't -- I don't know. This is the best I can remember. 11 I don't know for sure. And I think Stacey received one 12 vote. 13 Q What was your -- part of what you mentioned was 14 that one factor that enters in is you don't really want 15 to necessarily vote against someone if they're going to 16 stay on because then you've made an enemy. What was your 17 kind of handicapping of why Rudy was the leading 18 candidate, and -- strike that. 19 When you say Rudy was the leading candidate to 20 be voted off on this Day 9 -- 21 DEPOSITION OFFICER: I'm sorry, can you repeat 22 that? "The leading candidate to --" 23 Q BY MR. GOLDOWITZ: -- to be voted off the island 24 on Day 9 prior to your conversation with Mark Burnett, 25 were you saying that he was the leading candidate in your 46

1 mind or you think he was probably the leading candidate 2 for the tribe to be voted off at that point? 3 A In my viewpoint, you know, which I'm not -- I 4 can't speak for the entire tribe, the feel I had gotten, 5 what I thought was going on, which -- you know, which may 6 have been completely wrong, was that yeah, Rudy was the 7 leading candidate. Not that that swayed me, me 8 personally. I didn't care if -- if nobody else was going 9 to vote for this person. I was going to go where I 10 thought my heart was leading, what the right thing was to 11 do, the person that deserved to go. 12 So to me it didn't matter. I was -- with 13 Sonja -- and my plan was, was not to run around and talk 14 to everybody with what they were doing, what they were 15 going to do, who they were going to vote against, but 16 simply just to do what my heart was telling me was right 17 to do. And obviously I lost that focus a little bit 18 with -- in the vote with Stacey, but I -- I don't know 19 what everybody was planning on doing before that. 20 Q So when you're saying the leading candidate, 21 that was for you, not necessarily for the -- for the 22 tribe? 23 A Yeah. 24 Q Rudy was the leading candidate for you at that 25 time, okay, prior to the conversation with Mark Burnett? 47

1 A Right. 2 Q In your -- after you had your conversation with 3 Mark, and then you saw him walk over to Sean, and Mark 4 and Sean had a conversation, and then when you went back 5 to your -- went back to your island and went to get 6 water, in your conversation with Sean about that, in 7 addition to sharing what each of you had talked about 8 with Mark Burnett or what he had told you, did either -- 9 did you discuss what you should do about that, what you 10 should do with respect to the vote or what you planned to 11 do? 12 A I don't understand. 13 Q With Sean. 14 When you and Sean went to get the water and you 15 talked together about what Mark had told you about vote 16 off Stacey and not Rudy, in addition to sharing with Sean 17 or discussing with Sean what Mark had told you, did the 18 two of you discuss what you should do or what you wanted 19 to do or what you thought you might do in terms of the 20 vote? In other words, did you sort of strategize or 21 brainstorm about how to vote, rather than just what had 22 happened? 23 A Yeah. You know, we obviously -- now our -- 24 our -- my focus had changed from Stacey -- or from Rudy 25 to Stacey, and Sean again was concerned about not wanting 48

1 to cast a vote against somebody that would still be 2 around. And we discussed at that time saying -- and I 3 kept saying well, Mark said this, so I think we really 4 need to think well, if Mark's saying this, then he -- 5 obviously he knows what he's talking about. Sean was 6 like, yeah, I just want to make sure that people -- other 7 people are thinking the same way. 8 And so at that point when we left the water 9 hole, basically, Sean was going to talk to Rich to get a 10 feel of where other people were, just to make sure 11 that -- again, that he didn't throw a vote out there 12 that -- and make an enemy. So he just wanted to know 13 that enough people -- because I think he was well aware 14 of the relationship between Rudy and Stacey was not one 15 of -- of -- of great friendship, where -- not that they 16 have anything personal against each other, but they just 17 have personalities that were not getting along on the 18 island. 19 And so I think we assumed that Rudy was going to 20 be voting against Stacey, and the other two women that 21 were left in the tribe besides Stacey, we were not aware 22 of what they were thinking. We thought maybe they were 23 going to side with -- they -- they weren't going to vote 24 another woman off -- off the tribe, and so they were 25 going to go for a guy. But we knew if -- if Rich was 49

1 going to vote against Stacey, then we would -- we'd have 2 more than enough to -- to vote Stacey off. 3 So at that point Sean was -- the last thing we 4 talked about it, was Sean was going to talk to Rich to 5 get a feel what Rich was going to do. Later in the day 6 when me and Sean had a moment Sean said yeah, Rich is 7 already, you know, voting against Stacey, so, you know, 8 we -- at that point it was pretty much set in stone, 9 okay, that's what we're going to do, we're going to vote 10 against Stacey. 11 Q And in your conversation with Sean, did he tell 12 you who he had planned to vote for -- to vote off the 13 island before he had the conversation with Mark Burnett? 14 A He may have, but I don't remember off the top of 15 my head. 16 Q So we sort of in some ways kind of skipped ahead 17 or merged your several conversations with -- with Stacey 18 and -- so that we could get the full story. 19 MR. WHITE: Objection. If -- if you're 20 suggesting that -- well, I think you're -- you're leading 21 with that question to suggest to the witness or make a 22 statement that what the witness has just recounted was -- 23 for the last half-hour was related to Stacey Stillman and 24 the Magellan Hotel. 25 MR. GOLDOWITZ: No, that's precisely -- that's 50

1 what I was making clear I understood was not the case. 2 MR. WHITE: Thank you. 3 MR. GOLDOWITZ: This was the whole story, rather 4 than... 5 Q Now -- so going back then to the Magellan Hotel, 6 you told Stacey you'd taken bad advice and kind of gave 7 her some indication, but you did -- or did you tell her 8 this full story at that time? 9 A To my knowledge -- and I -- I was only at the 10 Magellan Hotel another four days before leaving to go 11 back to the States. And to my knowledge, Stacey had left 12 the day after I got back, I believe to travel or to do 13 other things. For whatever reason, I didn't see much of 14 Stacey after that. And I cannot remember to what extent 15 I shared with her that night. 16 My -- my basic point with that was to say hey, 17 listen, Stacey, I'm sorry. I made a mistake. Here's 18 what happened. But again, I don't remember if I -- 19 because of the situation, you know, we had a group of 20 people waiting to go out to dinner. We did have a 21 lengthy conversation, 10, 15 minutes, but I don't think 22 that I shared with her the entire story. I think I gave 23 her the idea and said yes, I -- you know, this happened 24 and somebody, you know -- I think I -- I believe I shared 25 with her Mark, the producer, who of course we're both 51

1 familiar with, you know, had -- had said some things to 2 me that led me to believe, but I don't believe we went 3 through a full detailed story at that point. 4 Q Do you recall when was the next -- or did you 5 have -- subsequent to that conversation at the Magellan 6 Hotel, did you have other conversations with Stacey about 7 the events leading up to your voting her off the island? 8 A Yes. 9 Q And do you recall when the next one occurred, 10 when or where the next one occurred? 11 A I believe the next time I physically saw Stacey 12 and the next time we had this conversation -- excuse 13 me -- was the end of the -- the end of the show, which -- 14 Q When you say the end of the show -- 15 A Right. So when the show was done airing on TV, 16 which would have been August, I believe. I'm not sure 17 when the final episode aired. But when they flew all 18 16 of us back to L.A. to -- to film the reunion show, 19 which was going to air after the final episode, that's 20 the next time me and Stacey had -- had -- had seen each 21 other, and I think had a -- had a lengthy conversation. 22 And somewhere -- excuse me -- somewhere in that weekend I 23 believe we -- we discussed the entire thing in detail at 24 least once. 25 Q And did -- do you remember approximately the 52

1 length of the conversation you had with her about the 2 events leading up to your voting her off this time in 3 August? 4 A No. 5 Q Was there anyone else around when you had that 6 conversation? 7 A Excuse me. That -- that weekend was a four-day 8 period, whatever it was, that was -- that was a pretty 9 crazy time with a lot of people around. But when me and 10 Stacey had these conversations I believe they were 11 just -- I can't remember the particular incident or where 12 or when or -- but I know that we did have the 13 conversation and I know that it was just between the two 14 of us. 15 Q And when you said you had the reunion show, was 16 the -- the reunion show, was that a live -- was that 17 filmed live? 18 A Yes. 19 Q And so is the sequence of events that CBS 20 broadcast the last episode of Survivor, and then 21 following that was a live show with the reunion of all 22 the 16 contestants? 23 A Yes. 24 Q And then it was sometime after that that you had 25 this second conversation with Stacey? 53

1 A Yes. 2 Q And was there another time after that time in 3 August after the reunion show where you had a further -- 4 an additional conversation with Stacey about the events 5 leading to your voting her off? 6 A I believe that we talked on the phone several 7 times, and also in L.A. at least once about the events 8 and what took place. 9 Q The conversation in Los Angeles, do you remember 10 when that was? Do you remember what else was happening 11 around that time that might help you... 12 A Yeah. I believe the next time I saw Stacey in 13 L.A. was -- I can't -- I can't remember. I know she -- I 14 know that she had come down to watch a basketball game 15 that -- that we were playing in and we had talked after 16 that. In between there we had -- we had seen each other 17 in Oakland, but as far as her being in L.A., I can't 18 remember. 19 Q Did the time in Oakland happen before or after 20 the time in Los Angeles? 21 A Before. 22 Q And was there an event that sort of led to your 23 getting together then or -- 24 A Yeah, we were -- it was -- I'm not sure what the 25 exact name. Some Survivor theme had an Oakland A's game 54

1 on the day they won the pennant last year, and so as many 2 of us that could make it came by. And so we just -- you 3 know, they grouped us together. Stacey got to actually 4 throw out the first pitch. I believe it bounced two or 5 three times before he could catch it. 6 Q Thus indicating Mark Burnett. 7 A That was -- that was the -- that was the event. 8 Q And you said there was a -- the time in 9 Los Angeles there was a basketball game. What was the 10 basketball game? 11 A Last year I had the opportunity to play in the 12 NBA entertainment league, which is put on by the NBA, and 13 it's for people in the entertainment industry; actors, 14 managers, producers, agents. And at that point my team, 15 the Sonics, had made it to the championship game playing 16 against the Trailblazers in the Staples Center. I'd 17 rather not talk about the results of that game, but we 18 lost. 19 But after that all of us went out. There were 20 several, me, Gervis, and Joel played on that team, and 21 then Stacey and Kelly and all these people were 22 contestants. We had all -- they were all -- Stacey and 23 Kelly were there, and then other producers from the show, 24 and we all decided to go out, and we all went out to 25 dinner and just had fun. We hung out that night and -- 55

1 yeah, that's pretty much what happened. 2 Q And have you ever -- did you ever show Stacey a 3 copy of this letter, Exhibit C, your letter to 4 Mark Burnett? 5 A Yeah, at some point in that night me and -- 6 again, Stacey was -- brought up the incident and we 7 started talking about it again. I believe we reviewed 8 everything in detail. And then she had asked to see the 9 letter, and I believe she -- at the end of the night she 10 followed me to my apartment, and that's -- we sat -- we 11 actually sat in my car where the letter was, and I just 12 showed her the letter, and she looked at it and read it. 13 At that time she asked me if she could get a 14 copy of it or take a copy, and I said well, I really 15 wasn't comfortable with that at that time, but yeah, she 16 did fully read the letter and we discussed it at that 17 time and just sat in the car and talked. 18 DEPOSITION OFFICER: Excuse me, Counsel, I need 19 to change my paper. 20 MR. GOLDOWITZ: Sure. 21 MR. EDELMAN: You know, Mark, why don't we take 22 a short break. We've been going an hour and twenty. 23 MR. GOLDOWITZ: Sure. Ten minutes. 24 THE VIDEOGRAPHER: Off the record, 10:22 a.m. 25 (Brief recess.) 56

1 THE VIDEOGRAPHER: We are back on the record, 2 10:33 a.m. 3 Q BY MR. GOLDOWITZ: Dirk, I'd like to ask you a 4 couple questions about your letter to Mark Burnett, 5 Exhibit C, dated May 23rd, 2000. In the letter you say, 6 "I felt cheap and used." What did you mean by that? 7 MR. WHITE: Well, that's out of context. Would 8 you please read the full two sentences that that falls 9 onto? 10 MR. EDELMAN: Tell me where you're looking 11 and -- 12 MR. GOLDOWITZ: It's the one, two, three -- 13 fourth paragraph, where you say, "But shortly after being 14 voted off the island, I heard things I probably was not 15 supposed to hear and was told things by people that were 16 probably not supposed to be talking. It soon became 17 clear to me that not everything was as it seemed, and I 18 felt cheap and used." 19 What did you mean by both of those, "not 20 everything was as it seemed" and "I felt cheap and used"? 21 A First of all, I want to apologize for the 22 spelling and grammatical errors in this letter because 23 I'm very embarrassed about it now that it's become 24 Exhibit C. But actually -- when I wrote this letter, 25 again it was May 23rd, so I was probably in the country. 57

1 I got back Good Friday, so that was in April, so I'd been 2 in the country now for over a month. 3 And looking at the entire -- Mark had asked us 4 to write this letter, and I took my time in writing it. 5 But looking at the entire process, everything that went 6 on, after I was voted off the island and I was sitting 7 there -- now, this is -- this is back when I'm on the 8 island and this is what I'm writing about in this 9 conversation -- in this -- in this paragraph. While 10 sitting there that night someone approached me late in 11 the night. I was sitting there kind of staring into the 12 ocean. 13 A man that was part of the -- the crew, I don't 14 know his name or I never saw him again, but he just came 15 up to me and we started talking. He started talking 16 about different -- different things that he had overheard 17 that were going on. Just little things, like we had fish 18 traps while -- and while I was on the island we were 19 trying to trap fish to eat, and we were unsuccessful in 20 that. And he -- this -- this person from the -- from the 21 production crew just mentioned yeah, I overheard Mark and 22 Craig talking about maybe -- or going out there and 23 putting fish in the traps. 24 And just how the -- the tapioca that we -- the 25 tapioca root which we had found out in the jungle, which 58

1 was one of the only edible plants out there, was not 2 native to the jungle and was planted there, and same with 3 the sugar cane that we had found and ate while we were 4 there. And it began to occur to me that -- while sitting 5 there on that bench that night and looking out in 6 ocean -- excuse me, I am going to sneeze. 7 MR. WHITE: Bless you. 8 MR. EDELMAN: Bless you. 9 THE DEPONENT: Thank you. 10 MR. EDELMAN: Don't you love sneezing on 11 camera? 12 THE DEPONENT: Great thing, huh? 13 MR. GOLDOWITZ: At least millions aren't seeing 14 it. 15 THE DEPONENT: Right. Yeah. Exactly. Thank 16 you very much. Let's see. Where was I? 17 When I was sitting there thinking, and -- and it 18 -- it began to occur to me that not everything was 19 straight up, not -- and what I mean by that is not -- not 20 everything was reality like I thought it was. 21 Q BY MR. GOLDOWITZ: Not everything in the 22 Survivor show? 23 A Right. So the show that I thought I had signed 24 up for, the game that I signed up to play, the battle 25 between the 16 of us, we knew going into it that, yeah, 59

1 it was going to be a battle against, you know, 15 other 2 people against Mother Nature, against your own self. It 3 was a very mental game, very -- you know, where you just 4 had to get up and do it and survive. 5 But it -- it began at that point to be -- to 6 become aware to me through the incident that I've talked 7 about today with -- regarding Stacey and through other 8 incidents, other things that happened throughout the 9 game, that the production staff and in particular the 10 producers were involved in the game in such a manner that 11 to me it seemed that maybe there was manipulation or 12 that -- I don't know if manipulation is the right word, 13 but there was influence, that's what I would say. 14 That -- and that they were trying to program things in a 15 certain way, and -- and they had an idea how the game 16 should go, instead of just actually what happened. 17 And so at that moment I just remember feeling 18 like, man, I just had this huge, awesome, wonderful 19 experience that was such -- more than just a physical 20 thing, such a spiritual journey for me where I learned so 21 much, grew so much as a person. You can't go through 22 this type of event, no matter what you're there for, 23 without growing as a person, and I just learned so much 24 about everything. About life, about God, about myself, 25 other people. 60

1 And -- but I thought the entire experience was 2 real and that the entire experience was what happened and 3 what was supposed to happen in a sense, you know. But at 4 that point that night it began to dawn on me that maybe 5 things weren't on the up and up. And I know all 16 of 6 us, the contestants, had done nothing but obey every rule 7 that they had given us and done everything that they had 8 asked us, but maybe on the other side of things, you 9 know, this -- this trusting -- maybe on the other side of 10 things -- 11 Q The producers' side? 12 A -- on the production side, that maybe they 13 weren't being straight up with us and honest about how 14 everything was working. And so for me I just felt like I 15 had been lied to about what was really going to happen. 16 Q By Mark Burnett and the producers? 17 MR. WHITE: Leading. 18 Q BY MR. GOLDOWITZ: By whom? 19 A By the production staff as a whole, and yeah, 20 Mark Burnett, being the executive producer. 21 Q Now, you mentioned a conversation that you had 22 with a member of the crew about tapioca and sugar cane 23 not being native to the island. What was your 24 understanding? How did it get there then or what was 25 your understanding what that meant? 61

1 A That it was planted there. 2 Q Planted... 3 A On the island for us to find. And it was -- you 4 know, and it was -- 5 Q For purposes of the show? 6 A Right. So that -- and it wasn't -- they didn't 7 particularly try to hide it. You know, I mean the sugar 8 cane was leaning up against the tree wrapped, you know, 9 and the tapioca root, even though it was planted into the 10 ground, the top of the plant was cut off, so here's the 11 stem coming up with no leaves, no nothing. And when, you 12 know, we found some -- you know that 15th day we found 13 some and it already started -- the ones in the ground 14 started to rot, so obviously they weren't growing in 15 there. 16 And, you know, that stuff had kind of dawned on 17 us, but again when -- even though we had so much time, 18 everything happened so fast and you were trying to deal 19 with all this stuff out there that you never really had 20 time to think about anything. You had to think so quick 21 on your feet, and everything was always changing, so... 22 All of a sudden I had a time to sit and throw all that 23 other stuff off me and I had food and now I was back 24 in -- you know, and I had -- I could all of a sudden kind 25 of get out of that survivor mode. I knew that I was safe 62

1 and I was going to have a place to sleep and a place to 2 eat and all that stuff. 3 Now I had a time just to fully think, and it 4 began to dawn on me at that point that yeah, this stuff 5 was planted there and -- and why -- first of all, why 6 didn't I realize that earlier, you know -- and you kind 7 of knew it, but you didn't grasp that. But then second 8 of all, why was it planted there. You know, what's going 9 on. No one ever told me that food was going to be 10 planted there. We knew that we could win food through 11 competitions and -- and there were competitions. 12 We knew that we would be, you know, at the 13 very -- we knew that we'd be given a certain amount of 14 rice. We'd have enough for a couple bowls of rice every 15 day. But, you know, again, that was nothing -- that just 16 seemed strange to me right off, that, you know, here 17 we're supposed to be out there surviving and they're 18 throwing food out in the jungle for us to find. 19 Q Were there -- aside from the crew member 20 mentioning the tapioca and the sugar cane and mentioning 21 overhearing Mark and Craig talking about putting fish in 22 the traps, were there any other incidents that you became 23 aware of that were also part of what you were talking 24 about when you said everything was -- not everything was 25 as it seemed? 63

1 A As far as -- what do you mean? As far as... 2 Q Well, when you're writing this letter to Mark 3 and you're saying one of the -- one of the -- he's -- I'm 4 sorry, let me back up. 5 You said this was in response to -- to a 6 communication that Mark had sent to you and the other 7 contestants. 8 A Uh-huh. 9 Q And what was the nature of that communication, 10 Mark's communication? 11 A We were asked to write a letter feeling -- or 12 just saying -- we could say whatever we wanted on -- on 13 our experience. What we thought about it. And at that 14 time I was under the impression that it was so Mark could 15 take a look at what the 16 of us said to improve the show 16 in the future, things that maybe he needed to add or 17 subtract or change or whatever, and so he just wanted our 18 general feedback, whatever it was. 19 Q So this was sort of your heart-to-heart 20 response? 21 A This was my -- and I did, I put a lot of time 22 and thought into this, even though it's no masterpiece, 23 obviously, but it was something that -- the more time I 24 spent thinking about it, the more time that I spent, you 25 know, afterwards at the hotel, at the Magellan, then 64

1 coming back to the States and spending a lot of time by 2 myself just reflecting and thinking, it was just 3 something that was on my heart that I just knew, yeah, 4 maybe, you know, there was stuff that went on and -- and 5 it just -- maybe -- it wasn't -- it didn't seem right to 6 me. 7 And that was the point of this letter, was to 8 not only thank him for the opportunity, because I am very 9 thankful for the opportunity to be part of the show, and 10 Mark had a big influence on that, but -- but also just 11 to -- just to -- he asked me to be honest, asked us to be 12 honest, and so that's -- that's what I was through this 13 letter -- 14 Q Right. 15 A -- just honest with my feelings. 16 Q Right. And the part about "not everything was 17 as it seemed," you mentioned the -- overhearing a crew 18 member talk about how Mark and Craig talked about putting 19 fish in the traps and how your learning that the tapioca 20 and the sugar cane weren't native to the island and you 21 thought were planted there for the show. 22 Were there any other events or things that you 23 became aware of that were in your mind when you said "not 24 everything was as it seemed" that sort of -- 25 A Yeah. 65

1 MR. WHITE: Excuse me. You -- you talk about 2 this fish trap event, and I believe you misspoke when you 3 said that Mr. Been overheard people talking about putting 4 fish into a trap. That was something that was -- 5 MR. GOLDOWITZ: No, no. I think what he 6 testified to was that he overheard production or crew 7 people talking about how Mark and Craig had talked about 8 putting fish into the traps. I don't think someone -- 9 well, you can clarify -- 10 THE DEPONENT: I was told -- let me clarify. I 11 was told by the production member that I met that night 12 while sitting on the island, before I went back to the 13 Magellan, about, you know, the tapioca and the sugar cane 14 and the fish traps. That maybe, you know, that they 15 were -- that he had overheard them saying that they were 16 going to put fish into the trap, and that it didn't 17 happen because the night they were planning on doing it 18 happened to be the night Stacey was voted off, which 19 there was a terrible storm and the water was pretty 20 rough. And that's what he had told me at that point. 21 Q BY MR. GOLDOWITZ: Okay. And were there any 22 other events that you were aware of that were in your 23 mind when you said "not everything was as it seemed" 24 besides the fish and the tapioca and the sugar cane? 25 A After -- after the -- after that night when we 66

1 came back from voting Stacey off there was a real bad 2 storm, and we were kind of up all night, no sleeping 3 because it was just raining so hard and you were cold and 4 you were -- you know, you're just stuck in this terrible 5 tropical storm, freezing. And -- and we're all kind of 6 in our own zone, you know, thinking. Whatever we can get 7 our -- do to get our mind off the situation. 8 And so at that point I started -- I started 9 thinking about what happened, and I realized that I'd -- 10 I'd kind of sold out a little bit. I'd sold out to what 11 my focus was coming there to -- to -- to keep it -- to 12 make sure that I was true to my heart and do what I 13 thought was right. And instead of doing what I thought 14 was right, I had voted Rudy -- or voted against Stacey 15 directly because of the influence of Mark Burnett. And 16 at that time now -- and I'll take responsibility for that 17 vote. 18 Now, that vote was my decision, but, again, the 19 influence is what -- what he shared with me beforehand is 20 what was the focus, and that's why I made that vote. So 21 now I was feeling -- I was not feeling good about myself 22 in -- in -- in -- in what I had just done. And at that 23 point it began to become clear to me that maybe what Mark 24 was doing didn't have the best intentions in mind. Well, 25 not that it was bad intentions, but just he had ulterior 67

1 motives. 2 So at that point for me I was not going to allow 3 myself to be influenced by Mark because I knew that -- 4 again, like I said, Mark knew all the answers, and once 5 he begins talking, it becomes hard to not listen. So 6 when Mark would come around to the tribe every day, at 7 that point I just would distance myself from him at any 8 point I could and just began to -- like I said, just not 9 be around. It just wasn't a game I was going to play. 10 Coincidentally, I was the next person voted off of my 11 tribe. And these things were on my mind. 12 Then I met this crew member that night, and he 13 shared with me these things. And before -- and before 14 that point it had kind of went from a -- it just kind of 15 was an idea to now, okay, maybe there's some real 16 validity behind this idea. That day we had played a game 17 which involved a Malaysian type canoe. I'm not sure what 18 it's called. It's a basic canoe with the arms coming out 19 and the floats on the side. 20 And basically what it was is each person started 21 out with a rafter, and then I believe there were five of 22 us floating out in the south trying to see at varying 23 distances, and the raft -- the -- the -- the canoe or 24 whoever was in the boat had to bring the boat out and 25 around these buoys, and then come around and pick 68

1 everybody up. And the first tribe to get their boat back 2 to the island on a certain -- in a certain location won. 3 Well -- 4 MR. YATES: It's a good thing we're on video 5 because we can see the hands -- 6 THE DEPONENT: I'm sorry. 7 MR. YATES: No, that's good. 8 MR. GOLDOWITZ: That's good. She can't take it 9 down, but the camera can. 10 THE DEPONENT: So what had happened was, is 11 against all odds, the other -- because we had a 12 professional river guide rowing our boat, and they had a 13 city guy that couldn't even swim, against all odds he was 14 just way ahead of -- his name was Gerv, the contestant 15 from the other tribe, came around that corner way ahead 16 of what Kelly did for -- for our tribe, to come pick 17 everybody up. And they were in -- in quite a sizeable 18 lead, but Kelly came around and picked all of us up. 19 And now beforehand they told us, hey, there may 20 be a weight problem, so you may have to bring half the 21 tribe in and then run back out there and get the other 22 people. Well, common knowledge was, is that my tribe was 23 a lot heavier than the other tribe. There's -- we all 24 knew that. We had -- Rudy was no lightweight. Sue was 25 the heaviest female on the island and heavier maybe than 69

1 some of the guys at certain points, and then Rich being 2 the biggest member of the tribe. So we outweighed 3 them -- we figured it out at one point, but we outweighed 4 them by quite a sizeable amount of pounds. 5 Even though that -- even though due to the event 6 and we got killed in that game and -- and -- and we -- 7 you know, we couldn't have caught up to them. What had 8 happened was, is they took -- they loaded everybody on 9 their boat and went right in. And like -- and now, like 10 I said, they had warned us before there may be weight 11 issues. And you have to understand, they tested every 12 game out way beforehand. In fact, the crew members -- 13 Q BY MR. GOLDOWITZ: The producers? 14 A Yeah, the producer. So they would set the game 15 up, and then the cameramen and the sound people and all 16 the production staff that wasn't with the tribes at the 17 time, they would -- they would actually play the game to 18 make sure that it all worked out and that -- that they 19 knew where the shots -- to take the shots with the camera 20 was, so they knew everything worked. 21 And they knew -- I'm -- I'm -- I'm just, you 22 know -- I don't know for sure, but I would be pretty sure 23 that they knew the weight limits of those boats, I would 24 have to say, because they were very complete about 25 everything and they -- because they can only play the 70

1 came once, and once it's played, it's over. So they have 2 to get everything on tape. They can't miss a thing. And 3 if there's a screw-up, a technical problem, you just 4 can't say oh, well, we need to play the game again, 5 because physically it's almost impossible. You're -- the 6 tribe members are exhausting themselves, so everything 7 has to be right. 8 So it would be my understanding, because I know 9 the thorough and complete job that Mark Burnett and his 10 production company do, they do a wonderful job. So to 11 my knowledge, yes, they -- they knew everything. So 12 coming around -- now, again, come -- just looking at 13 the -- from a logical standpoint, of course Kelly is 14 going to beat Gerv. He's [sic] going to be way ahead of 15 him. Now, that didn't happen for whatever reason -- 16 Q Of course -- 17 A Because Kelly's a professional rafter and Gerv 18 can't even swim, much less steer a boat. He never has 19 before. And that was just -- that was just -- that was 20 common knowledge. Everyone expected that to happen. 21 Now, that didn't happen. But physically there was no way 22 we could have won that game because Kelly came around 23 even -- we were way behind. We just -- we just threw 24 everybody in the boat. She picked everybody up. As soon 25 as the last person got in the boat, Rich, the boat 71

1 swamped and went under. 2 And even if we would have had a lead on the 3 other tribe, there's no way we would have been able to, 4 in my mind, bring our boat in to -- and drop a couple 5 people off and go back out there, which was quite a 6 distance, to get the last person in the time that it 7 would have took them to pick up their people and come in. 8 It's just -- now that's -- that's what -- and that was 9 the feeling of the tribe after we played that game. We 10 were like there's no way we could have even won that 11 game. Even if Kelly would have done what we thought she 12 would have done -- 13 DEPOSITION OFFICER: I'm sorry. Could you slow 14 down just a little? Even if Kelly would have done what 15 we thought she would have done -- 16 THE DEPONENT: I'm sorry. 17 Even if Kelly would have done what we would have 18 expected her to do, we as a tribe felt like there was no 19 way we could win that game because of the weight 20 disadvantage we had. So -- so now when I'm sitting on 21 this island and the beach again, and I'm thinking -- 22 thinking -- you know, I'm looking at the overall how the 23 game laid out. It went one -- you know, it went first my 24 tribe lost, then the other tribe lost, then my tribe 25 lost, then the other tribe lost. And it kept going 72

1 one, one, you know, and things just seemed to be 2 happening too neat. 3 And -- and just looking at the -- again, the 4 overall incidents that happened and then afterwards, 5 after the game was over, in talking to the other people, 6 the other contestants, things -- it just seemed like 7 there was more influence, you know, or there was 8 influence instead of just maybe accidents that happened 9 or things -- unforeseen things. That they were planned 10 out, influential things, so that maybe people that 11 Mark thought or judged as more -- better TV, that were 12 going to make better TV for him and his show, those were 13 the people that he made an effort to keep on the show for 14 a longer period of time. 15 Not that Mark controlled votes in any way, but 16 that he had an influence on who was voting. That was -- 17 that was my thought and my -- and my feeling at the time. 18 And that's why I felt -- that's why I made the statement 19 "cheap and used." I felt like -- when I went into it, 20 when I was going through the casting process, I was told 21 that I would have a fair shot. I'd be 1 out of 16 to 22 have a shot at winning a million dollars. 23 And when I started thinking about everything, it 24 felt like that really wasn't a truth. Just I would -- 25 the only shot I would have is if I could -- or impress 73

1 him at a certain level of production to keep me around. 2 So really, instead of battle against other people, 3 myself, Mother Nature, it was -- my biggest job was to 4 impress Mark as being someone that was going to produce a 5 good TV show for him. 6 Q BY MR. GOLDOWITZ: Did you receive any 7 information from other contestants that -- that sort of 8 was related to this concern or this disillusionment about 9 what was going on and influence or manipulation by the 10 producers? 11 MR. WHITE: Object. The witness did not use -- 12 in fact took back the word "manipulation." "Influenced" 13 is the word the witness used. 14 Q BY MR. GOLDOWITZ: Did you receive any other 15 information from other contestants that -- 16 MR. WHITE: About -- 17 Q BY MR. GOLDOWITZ: -- was part of this feeling 18 that you had about what was going on wasn't really what 19 it seemed? 20 A In the process of talking to the other 21 contestants after returning to -- after they returned to 22 the country after the show was done filming, different 23 things began coming out. I was not there for any of 24 this, so I don't know firsthand. This is all hearing 25 through other contestants. The only things I really have 74

1 firsthand are the things that I mentioned already. 2 But -- 3 MR. EDELMAN: Let me just make clear, you're 4 asking what else did he have in mind when he wrote this 5 letter? 6 MR. GOLDOWITZ: Or now as you're looking at 7 things? 8 MR. EDELMAN: Well, we got -- 9 MR. WHITE: Let's separate it. 10 MR. EDELMAN: Yeah, let's -- just so we can stay 11 chronologically clear, which are you asking first? 12 Q BY MR. GOLDOWITZ: Well, as you're sitting here 13 now, was there any other information you received from 14 any of the contestants that also was related to this 15 feeling of it's not as it seemed, that there was -- 16 producers were influencing the way events unfolded on the 17 show? 18 A So after the show was done airing and I began -- 19 or not -- it hasn't begun airing, but after the show's 20 been filmed and we're all back in the country, I began 21 talking to some of the other people, and they began 22 sharing things with me that they saw happen or that other 23 people told them happened on the island, other 24 contestants had told them about. Such incidents as far 25 as one involving Rudy not wanting to be part of the -- 75

1 initially be part of the alliance. 2 The alliance was four people; Sue, Rudy, Kelly, 3 and Rich, who kind of bonded together to vote everybody 4 else off the island. They made an agreement that they 5 would be the final four, and it happened to work out in 6 their favor. They were the final four. They were the 7 four that voted me off. I was their first victim, so to 8 speak. Their strategy was to vote off the leaders, the 9 best people, the most competitive people, the best 10 athletes, whatever. The people that they looked at as 11 the biggest threats. And to do so in a manner which 12 wouldn't alienate them from all those people and wouldn't 13 put them at a risk so, you know, they would not be honest 14 about it in any way. That was just their strategy, and 15 they denied it if anyone mentioned that's what they were 16 up to until they had a firm grasp on the -- on the voting 17 process, until they were in control of the voting 18 process. 19 So initially, from what I was told, is that Rudy 20 wanted nothing to do with it and wanted to have no part 21 in the alliance, but Mark approached him, Mark Burnett, 22 the producer, approached him and told him, listen, if you 23 want to survive, if you want to be around, you know, if 24 you want to make it, this is your only option. I suggest 25 you doing it because otherwise you're going to be voted 76

1 off. 2 Q "Doing it," being? 3 A Joining the alliance. 4 Q And who did you hear this from? 5 A I've heard it, you know -- I've heard it from 6 several contestants since -- I think we're all aware of 7 it, you know. I think we've all probably told each other 8 several times, but initially I heard it from Sean 9 Kenniff. Apparently something went down towards the end 10 of the game -- well, also in regards to Rudy, Rudy made 11 it clear to us, he told us hey, me and Mark are friends. 12 Mark and Rudy had known each other from years past, and 13 Mark also produces a show called Eco Challenge. 14 Rudy was -- I'm not sure what his title was. He 15 didn't actually run the race, but he was part of the seal 16 team that ran the race. He was the guy behind the 17 scenes, the supply guy, whatever. I don't know what the 18 name is. But that's where he initially met Mark, a 19 couple years ahead -- before, in Canada. So they knew 20 each other, which seemed kind of unfair to me. Through 21 the casting process I believe it said somewhere in the 22 contract or in the initial application, hey, do you know 23 anybody who works for CBS or the production company. 24 So as far as I knew, I thought that was not -- 25 that was just -- it just seemed very -- I don't know what 77

1 the right word is. Like maybe -- it just seemed unfair 2 that maybe he had a leg into the casting process or that 3 maybe he was cast for a reason. You know, that they had 4 brought him in because they -- because Mark said listen, 5 I -- I don't know. I don't know. But anyways, it just 6 seemed very unfair to me that -- that he had a friend in 7 there already, so that maybe gave him a leg up. 8 Also -- and I don't know the details of this, 9 but there was an incident that happened at the very -- 10 very end of the game, when there was only, I believe the 11 four -- final four around. Apparently somebody was being 12 snuck food or something, and there was -- there was a 13 meeting between Mark Burnett and Rich and Kelly, as far 14 as I'm aware of, just -- and a cameraman that was 15 involved, just those four, and they agreed to never talk 16 about what happened in that meeting and continue the game 17 as planned. 18 I'm not aware of what happened. I know none of 19 the details. I'm trying to think of any other particular 20 incidents. That's -- that's the only particular 21 incidents I can remember at this time, but -- but that 22 all added up and was cumulative just to the feeling of 23 maybe, again, that not everything was as it seemed, and 24 that was why I wrote this. 25 Q Right. The -- the circumstances of Rudy 78

1 initially not wanting to be part of the alliance and 2 Mark Burnett telling him that he should be part of the 3 alliance, you said you first heard that from Sean. Did 4 you hear that also from any other contestants? 5 A Yeah. Yes. I heard -- I can't remember in 6 particular. I know that we all were told the story, so 7 we all related to each other. So I've talked about it 8 with Joel and Gerv and various members. I don't know off 9 the top of my head. I don't know exactly, but I think 10 that's a pretty -- that's common knowledge that that did 11 happen. 12 Q And the comment that Rudy made about his being 13 friends with Mark Burnett, was that made in your presence 14 or you heard that from someone else? 15 A Rudy, somewhere in -- early on in the game, I 16 don't -- again, don't know the exact date or the time, 17 but early on in the game he just said me and Burnett, 18 we're friends, you know. And he told me personally the 19 story of him being part of that Eco Challenge and they 20 knew each other from back then. And they talk like 21 friends and they're buddies and, you know, that's -- that 22 was something that happened. Yeah, he told me 23 personally. 24 Q Also in that same paragraph 4 in the letter you 25 said a little -- a couple sentences later, "When I began 79

1 to see the true level of your involvement, understanding 2 how you swung votes..." What did you -- what were you 3 referring to when you talk about him swinging votes? 4 A It became clear to me that -- that he did have 5 ulterior motives when he approached me at that beach that 6 day, and that -- and when he approached Sean, when he 7 approached Rudy about joining an alliance, that I was 8 told about. That's -- that's what I meant by -- and not 9 knowing any specific cases, but just, you know, if -- 10 wondering if it happened, did that happen with me. You 11 know, did it happen with other people, because I saw it 12 happened to Stacey. 13 And just seeing that yes, that he did have -- 14 even though that there was no -- again, there was no, you 15 know, strong arm or gun to anybody's head, everybody was 16 given the option of what to do, but as far as he being 17 the man that everyone looked to, and obviously he knew 18 that -- well, I won't speak for him. I don't know. I'm 19 assuming he knew that. He did have influence over 20 decisions people were going to make. 21 Q And in the next paragraph, second line from the 22 bottom of the first page, you say, "Maybe in Hollywood it 23 is okay to mislead and tell half-truths..." What were 24 you -- what was in your mind when you were talking about 25 that? 80

1 A At the bottom? 2 Q Yeah, second line from the bottom. "Maybe in 3 Hollywood it is okay to mislead and tell half-truths..." 4 MR. WHITE: Can you read the rest of that 5 sentence? 6 MR. GOLDOWITZ: It's there. I mean -- 7 MR. WHITE: Well, the first sentence says, 8 "Maybe in Hollywood it is okay to mislead and tell 9 half-truths, but I try to live my life as honest as 10 possible and I expect the same out of others." 11 That's the entire sentence. 12 Q BY MR. GOLDOWITZ: Right. And so my question is 13 what were you referring to when you talked about it 14 being -- maybe it being okay in Hollywood to mislead and 15 tell half-truths? 16 A My thought on that was okay, Mark, you put us 17 through this crazy experience -- first of all, the 18 casting experience, then the experience on the show, and 19 even though I'm very thankful for it and a majority of it 20 was great, there's this -- there's this stuff that we've 21 already talked about, his influence that I felt like was 22 not appropriate at all. And -- but I -- I -- in my eyes, 23 in my judgment it became clear to me that he -- this was 24 something that he had planned to do. 25 Q That what was something that he had planned to 81

1 do? 2 A That he had planned to have this type of 3 influence. That he had -- that he -- obviously he needs 4 to produce the best TV show that he can. He believed 5 there were certain people he needed that -- and this is 6 my viewpoint -- that he believed that certain people 7 would make a better TV show than others, and he did what 8 he could to have influence over those people staying on 9 the island. 10 And so during the casting process and -- and 11 before we left, we were told this was a game that we were 12 going to be able to play and that we all had fair 13 chances -- fair -- an equal opportunity to win. And I 14 felt like that was -- that was a half-truth in the 15 reality of his actions. And if he -- and I felt like we 16 were misled a little bit. And my point with that 17 statement was I guess just me being who I am walk into 18 any situation and would trust somebody if they're telling 19 me something, that I'm going to say okay, well, I'm being 20 honest with this person. This person is respecting me, 21 being honest with me. 22 And especially with -- especially somebody who 23 has our lives in his lands. We put our lives in his 24 hands for a certain sense. We put everything we were 25 doing on a hold to be part -- everything we were part of 82

1 in -- in our lives on hold to be part of this show, which 2 was an honor and I'm very thankful for, yet that's a big 3 commitment. And if he's not being completely honest, 4 then again it really takes away from the experience, and 5 I end up feeling like I was just a toy or something that 6 was going to be used to help him get to a certain place, 7 not a contestant brought in with the opportunity to win a 8 game. 9 So at this -- at this point in the letter I was 10 just making clear to him that I guess most normal people 11 in my reality would expect someone to be fully honest 12 with them, especially -- you know, if it's maybe -- you 13 know, maybe it happens about little things, and it 14 probably does a lot. I know in my life sometimes I'll 15 let little things slide. But something as big as this, 16 you would expect somebody to be completely and fully 17 honest, especially if you're going to put your life -- 18 our lives were imperil. You know, there's poisonous 19 snakes. We're not eating. We're not sleeping. There's 20 sharks in the water. 21 You know, we're -- just -- regardless of 22 everything else, there's the whole physical and mental 23 aspect and emotional aspect of what you're going through. 24 And for someone not to be fully honest is dangerous to 25 that person, to that person's being, to the 16 of us. 83

1 And -- so besides the fact that, yeah, I guess I feel a 2 little bit used, hey, Mark you've got 16 lives in your 3 hand. You need to understand that. You better be real 4 careful, you know, and -- and just -- I was trying to 5 make the point that truth is going to be the best option 6 for you. 7 Q After you sent this letter to Mark Burnett, did 8 you have any conversation with Mark about the letter and 9 the thoughts that you expressed in the letter? 10 A I expected an immediate response. I just -- I 11 guess I made -- I thought I made some strong points in 12 the letter. I would have expected that maybe Mark would 13 have disagreed with what I said and maybe that there 14 would have been a response. The way I looked at it at 15 this point, me and Mark were friends, you know, and 16 partners in a -- in a project, so I would have expected 17 like any -- you know, any human being, I guess, to maybe 18 respond and -- and it -- but I know that it was a busy 19 time for him. 20 There was no response. I thought well, maybe he 21 just -- it's not something he wants to deal with. He's 22 busy. Whatever. I had gone to Seattle for two weeks in 23 early -- I believe late May, early July, and I'm not sure 24 the date TV time that I got voted off, but it was in 25 July. I believe it was mid-July. And what happens when 84

1 you're voted off is you are flown to New York and you do 2 an entire day of interviews. You do like -- I don't know 3 how many. You know, like 60 to 80 interviews, you know, 4 all -- every TV show, you know, from Dave Letterman and 5 the Early Show to every -- every CBS affiliate around the 6 country. 7 And -- now Mark had been trying -- I was in 8 Seattle at this time, the week prior to me being voted 9 off on TV. Mark was -- Mark was calling my house every 10 day at that point. I was not aware with it -- aware of 11 it. I came home and my mom said hey, Mark Burnett is 12 trying to get ahold of you. We played phone tag for 13 awhile. Got ahold of him the day before I left to go out 14 to New York or -- yeah, that day, that day that I was 15 leaving to go to New York. 16 And -- and Mark just said -- you know, Mark said 17 Dirk, you know, now is the first time that -- that I'd 18 heard anything about the letter. It's the first time I'd 19 talked to him since I left the island -- or left the 20 Magellan Hotel, actually, in Malaysia, to come back to 21 the country. And Mark said Dirk, I got your letter, and 22 to be honest with you, I don't understand what you're 23 talking about. And so I went on to say hey, Mark, 24 this -- you know, and make the same points I did here, 25 and he said he still didn't understand. 85

1 And so I said well, you know -- so I brought up 2 the incident what happened on the beach that day Stacey 3 was voted off, because that was the one that I had 4 firsthand knowledge of, so I relayed the entire story to 5 him. And he told me over the phone that day that that 6 conversation never happened. He denied it, that he never 7 remembered ever saying anything like that, and that he 8 wouldn't do anything like that. And this turned into a 9 20-, 25-minute conversation. 10 And obviously I was a little distraught, simply 11 because now here's some -- somebody that I care about and 12 thought I was friends with telling me something I know 13 that happened didn't happen. So that makes one of us a 14 liar. And I knew the truth. So I was -- I was -- I 15 didn't understand really what was happening. I was 16 thrown off by the whole event. And then he just -- and 17 then I said well, Mark -- and I shared with him what I 18 was just explaining to you guys. 19 I said hey, these are 16 people's lives that you 20 have, and you have to be very careful if you're going to 21 put them through something like this, because it is a 22 lot. It's a lot to go through. It's a lot to handle. 23 It's a lot to work through. And you are the producer. 24 That makes you responsible. If you are going to be 25 influencing people or if -- you know, whatever's going 86

1 to -- and Mark was denying that. So I said Mark, 2 whatever you're going to be doing, make sure that you're 3 100 percent honest with everybody before the show even 4 starts, that's -- that was my only point to him at that 5 point because I knew it would be worthless to sit there 6 and argue about him -- about -- with him about facts or 7 dates or things that happened or whatever. 8 So I just wanted to make the point to him that, 9 hey, you do need to -- you are responsible, and you do 10 need to make sure that you are 100 percent honest before 11 anybody -- you know, if you're going to do another show, 12 before 16 more people get involved. And at that point, 13 at the end of the conversation, he said okay -- he goes, 14 you know, that's interesting. I never thought of it like 15 that before. Like -- like he hadn't thought about the 16 fact that he had 16 people's lives in his hands. 17 And he just -- just said okay. You know, I 18 appreciate you sharing that. I'm going to think about 19 that. And hey, by -- you know, I just want to tell you 20 that if you want to have an opportunity for endorsements 21 or make commercials, you need to go with the strategy 22 that Stacey had. And Stacey, when she was on air, she 23 was very positive, very upbeat about the whole 24 experience, and now she filmed the Reebok commercial. 25 And if you want the same type of things, that you really 87

1 need to make sure that you are positive and upbeat and 2 things of that nature. 3 And -- and I was just shocked and flabbergasted 4 at this point because -- that's a funny word, 5 flabbergasted -- but I -- I just couldn't believe what 6 was going on at this point, because Mark knows me. He 7 knows every -- he knows more than a lot of people know 8 about me, and here for whatever reason he's still -- 9 after the entire experience on the island, and he saw who 10 I was and the things that I held onto while I was out 11 there, even though I had the opportunity to win a million 12 dollars and that I was true to myself no matter what, you 13 know -- and then this is what I told him, this is my 14 response. 15 I said Mark, if you don't know by now, if you 16 don't know that I'm going to be who I need to be no 17 matter what, no matter what it costs me, I said then 18 you're missing something. You really are. And I said -- 19 that was basically the end of our conversation. I'm 20 going to be who I need to be. And then he was well, you 21 need to be positive. You need to be positive. That was 22 the end of the conversation I flew out to New York at 23 that time and later that day. 24 Q Why do you believe Mark said what he said at the 25 end about if you want endorsements, et cetera, you need 88

1 to be positive? 2 MR. WHITE: Objection. Calling for speculation. 3 MR. GOLDOWITZ: Go ahead. 4 MR. WHITE: You're asking the witness to read 5 Burnett's mind? 6 Q BY MR. GOLDOWITZ: Go ahead. Do you have a 7 belief as to why he said that? 8 MR. WHITE: Same objection. 9 THE DEPONENT: I think he may -- the only thing 10 I can understand, the only thing that I can guess -- 11 MR. EDELMAN: Don't -- don't guess. If you -- 12 if you have a -- 13 Q BY MR. GOLDOWITZ: Do you have a belief as to 14 why -- 15 A I do -- I do have a belief. 16 Q And what is that? 17 A That he was concerned about what I had written 18 in the letter and me going on national TV and discussing 19 those topics. 20 Q And what -- in your mind, what was the 21 connection between his belief or concern and what he told 22 you? 23 MR. WHITE: You're asking him to read Burnett's 24 mind? 25 MR. GOLDOWITZ: No, I'm -- I'm asking him 89

1 what -- what Dirk's belief was. 2 THE DEPONENT: Could you repeat that? 3 Q BY MR. GOLDOWITZ: Yeah. What was your belief 4 about the connection between his concern about your 5 publicizing your concerns and what he told you about you 6 got to be positive if you want endorsements? 7 MR. EDELMAN: Do you understand the question? 8 THE DEPONENT: No, I don't understand. 9 Q BY MR. GOLDOWITZ: You, in your conversation 10 with Mark, expanded on the ideas and concerns you had put 11 in your letter, and you specifically talked with him 12 about your conversation on the beach on Day 9 about 13 voting Stacey off instead of Rudy. And then toward the 14 end of the conversation, if I understand you correctly, 15 Mark said something about how you need to be positive if 16 you're going to get endorsements. And you said that part 17 of the reason -- or you have a belief that he was saying 18 that, at least in part, because he was concerned about 19 your publicizing your concerns about producer influence 20 of the show. 21 Do you have a belief as to why he said that 22 about you got to be positive if you want endorsements, 23 how that related to his concern about your publicizing? 24 MR. WHITE: You're asking this witness to read 25 Mark Burnett's mind -- 90

1 MR. GOLDOWITZ: I'm asking whether this witness 2 has a belief. 3 You can answer. 4 MR. WHITE: Whether he has a belief or not is 5 asking him to read Mark Burnett's mind. 6 MR. GOLDOWITZ: I'm simply ask -- 7 MR. WHITE: Does he have a belief about 8 Mark Burnett's mind doesn't change the question. 9 MR. GOLDOWITZ: That's fine. That's fine. 10 MR. WHITE: You're asking him to read 11 Mark Burnett's mind. 12 MR. GOLDOWITZ: That's fine. You can save that 13 for trial, as we've already stipulated. 14 Go ahead. 15 MR. EDELMAN: I'm not -- I'm not understanding 16 your question, though. I don't understand how it's 17 different than the one you asked that he answered. 18 MR. GOLDOWITZ: I'm trying to understand the 19 connection between -- if -- if Dirk has a belief in the 20 connection between Mark being concerned about Dirk 21 publicizing undue producer influence and Mark's 22 statement, you got to be positive if you want 23 endorsements. 24 MR. WHITE: It's also leading in the way it's 25 been framed and reframed, in addition to all the other 91

1 objections. 2 MR. EDELMAN: I mean I think he's answered your 3 question on this issue. I'm just having a hard time 4 understanding how this question's different than the one 5 he just answered that you -- 6 MR. GOLDOWITZ: I'm -- I'm trying -- I'm 7 trying -- I'm trying to get Dirk to explain if he has a 8 belief about the connection between his belief that Mark 9 was concerned about Dirk publicizing undue producer 10 influence and Mark's statement to him, you got to be 11 positive if you want endorsements. 12 MR. WHITE: Same objections as previously 13 stated. 14 MR. EDELMAN: Do you understand the question? 15 THE DEPONENT: I think so. I think so. And -- 16 and -- and I believe that what he was -- what he was 17 hoping is that I would not bring forward these things for 18 the motivation of having the opportunity to make more 19 money in the future. I believe -- what I took away from 20 the conversation is he was saying be positive, otherwise 21 nobody will want you to represent their product. And 22 there's a lot of money out there for all of us to rep -- 23 you know, for -- and for you right now as an individual, 24 now you're going to have the opportunity to do that, but 25 you need to be this type of person for that to happen. 92

1 Q BY MR. GOLDOWITZ: So -- and did you take be 2 positive mean -- including don't talk publicly about the 3 kinds of concerns about undue producer influence in the 4 show? 5 MR. WHITE: Objection. Leading. And all the 6 prior objections about speculation. 7 Q BY MR. GOLDOWITZ: Did you take that... 8 A My belief was that that's what he was saying to 9 me. That's what I was hearing him say to me, is, you 10 know, it'll be negative. You know, you'll come off like 11 a sore loser. 12 Q Did -- did Mark Burnett and/or CBS have a role 13 in the ability of Survivor contestants after Survivor was 14 over to get appearances, endorsements, compensation? 15 A Yes. They were involved in everything that we 16 did from the point of us returning to the United States 17 as far as any -- excuse me -- any public appearance or 18 any money being paid for endorsing a product or anything 19 according to the contract that we had signed previous to 20 the show. There were stipulations and all guidelines and 21 rules, and basically they had the final say on anything 22 that we used our name for or did. 23 THE VIDEOGRAPHER: Counsel, excuse me. I'm 24 going to need to change the tape. 25 MR. GOLDOWITZ: Okay. 93

1 THE VIDEOGRAPHER: Off the record, 11:21 a.m. 2 (Off the record.) 3 THE VIDEOGRAPHER: This marks the beginning of 4 Tape No. 2 in the deposition of Dirk Been. We're back on 5 the record, 11:24 a.m. 6 Q BY MR. GOLDOWITZ: In addition to the 7 conversation you had with Mark Burnett about your 8 concerns expressed in your letter to him, did you ever 9 have any conversations with anyone else from the 10 production company or CBS regarding your concerns about 11 improper influence, producer improper influence over the 12 show? 13 A No. 14 Q So you never had a conversation with Chris Ender 15 about that? 16 A At what point in time are we talking about? 17 Before -- 18 Q At -- at any point in time. 19 A I believe -- at any point in time, yeah, I have 20 had a conversation with CBS. I'm sorry, I was thinking 21 before at that point in July, but -- 22 Q No, at any point in time. 23 A Yes, I have had a conversation with CBS. 24 Q And with whom did you have such a conversation? 25 A It was a conference call with -- I believe, 94

1 again, Maynard was on the line. I believe Andy was on 2 the line. 3 Q Ken and Andy are from CBS? 4 A Andy -- 5 Q Oh, Andy White. 6 A -- the lawyer. 7 MR. WHITE: And it's Ghen, G-h-e-n. 8 MR. GOLDOWITZ: G-h -- 9 MR. WHITE: Ghen. 10 MR. GOLDOWITZ: Oh, Ghen. Okay. 11 THE DEPONENT: There was another woman lawyer -- 12 or someone from legal in CBS, I believe that works 13 directly in CBS. I don't know -- I thought her name was 14 Angela, but I don't know right off the top of my head. 15 Anyways, that was after -- I believe that was after 16 Stacey had already been in conversation with them about 17 the lawsuit and -- or different things. Stacey had 18 already made certain claims, and so they wanted to talk 19 to me to get my -- my, you know, thoughts on what 20 happened, and that's what I shared with them at that 21 time. 22 Q BY MR. GOLDOWITZ: Was this before -- Stacey 23 filed her lawsuit against CBS and Mark Burnett, et al. on 24 February 5th. Was this conversation before or after 25 February 5th, if you can recall? 95

1 A I'm unclear about the date. I know it was right 2 around that time. I'm not -- I'm not sure exactly if it 3 was -- you know, she had already made her lawsuit or just 4 had -- was planning to do it or -- I don't know exactly 5 where it was in this stage. 6 Q And how was it that this conference call came 7 about? Who organized it, if you know? 8 A I believe I was talking to Ghen. 9 Q And Ghen is? 10 A Ghen Maynard is a vice president. 11 Q Of CBS? 12 A Yeah, in CBS. And he is -- he's vice president 13 of Reality TV, I believe is his department, and so he's 14 kind of the head and he's kind of the guy who brought 15 Survivor and Mark into CBS. Excuse me, I'm going to 16 sneeze. So I -- we had -- we had become friends ever 17 since the show and -- but we hadn't -- we hadn't talked 18 for awhile because this kind of stuff was kind of brewing 19 and Stacey was making her statements and accusations. 20 And -- and obviously she was, you know, claiming my -- my 21 testimony, my -- you know, what I had to say. 22 And so this was the first point that I really 23 talked to them in quite awhile, anyone at CBS, and he 24 just -- he just said at that time, Dirk, listen, would it 25 be okay if you would just, you know, get on the phone 96

1 with someone from our legal department and our lawyers 2 just to go over what happened and what you're going to 3 say. And at that time I felt like well, you know, I had 4 talked with Stacey many times about the details of 5 events, and so I didn't think it was wrong of me or bad 6 of me to do the same thing with CBS, so I told them 7 nothing different than I told Stacey. 8 Q And who initiated this discussion; was it you or 9 Ghen Maynard? 10 A I had called -- I believe I had called Ghen and 11 said -- and was like we need to talk about this because 12 this is happening and I'm caught in the middle. Could 13 you clue me in to what -- I didn't know what was going 14 on, but I was still -- I was getting all these -- it must 15 have been after the lawsuit happened, because I was 16 getting a lot of calls from reporters and different 17 things, and I just didn't know what was going on. 18 So I called them and I said, you know, what -- 19 and he said well, you know, this is where we're at. I -- 20 I really don't know the time. I'm not going to guess 21 about what time period it happened, but it was somewhere 22 right in there. And so for whatever reason I just wanted 23 to call and talk to them and try to get an understanding 24 of where, maybe -- you know, was this something that they 25 were, you know -- were they going to fight a lawsuit. 97

1 And that's not something I don't think we even 2 discussed in that conversation. But he had just asked me 3 well, could you just please share with us -- would you 4 feel comfortable -- you know, they asked me would you 5 feel comfortable doing a conference call with our lawyers 6 and with this other lady and just discussing what 7 happened. 8 Q And is what you told them pretty much what 9 you've told us today? 10 A Yes. 11 Q And did you -- did you -- aside from that 12 conversation, did you have any other conversations with 13 any other people from the Survivor production crew or CBS 14 aside from that one conversation about the incident on 15 the beach on Day 9 with your conversation with Mark and 16 reasons to vote Stacey off, et cetera? 17 A No. 18 Q Did you speak with any of another contestants 19 aside from Stacey about the incident on the beach and 20 your conversation with Mark on Day 9 and his saying vote 21 off Stacey instead of Rudy? 22 A Did I discuss that -- 23 MR. WHITE: Excuse me. You're -- you're -- if 24 you just refer to the conversation on Day 9, I won't 25 object, but when you're trying to summarize the 98

1 conversation the way you did, it's improper and leading. 2 Q BY MR. GOLDOWITZ: Well, it's just summarizing 3 the testimony. But did -- did you have any other 4 conversations with other contestants aside from Stacey 5 about the conversation that Mark Burnett had with you on 6 the beach on Day 9 about Stacey and Rudy? 7 MR. EDELMAN: Other than his testimony about his 8 conversations with Sean? 9 Q BY MR. GOLDOWITZ: Right. Other than the 10 conversation with Sean. That's right. Other than Sean 11 and Rudy -- I'm sorry, other than Sean and Stacey, which 12 you already mentioned. 13 A At any point up to now -- 14 Q Yeah. 15 A -- you're talk -- 16 Q Yeah. 17 A Because of the gravity of the situation, 18 everything that we've been through, when we get together, 19 even though a lot of times I think we try not to talk 20 about Survivor, we're so close, and yet that's really 21 all -- the only way we know each other, and we end up 22 going back to -- so we'll, you know, go through -- a lot 23 of times we'll rehash the entire experience. So there 24 are probably many times where I've sat around and talked 25 about this with many of the different contestants. 99

1 Q You mentioned having signed contracts with the 2 production company. Did that include an applicant 3 agreement? 4 A I'm very unclear about the entire contract 5 situation. It could have. I -- I don't know. I don't 6 have them before me, and there was a lot, a lot of papers 7 that I signed. 8 Q Would you estimate the number of pages of the 9 documents that you signed? 10 A A lot. It was thick. 11 Q Fifty, a hundred? 12 A At least a hundred, it seemed like to me. It 13 seemed like more. It seemed like just a huge stack. And 14 initial every one, and it's -- I believe there was four 15 separate ones that we had -- and I don't even know. You 16 know, it was -- it was really -- you know, I got -- I 17 didn't receive the contract at home. I received initial 18 contracts when I was in L.A. in the final 48, and -- you 19 know, so I didn't -- I mean I sat there and I looked 20 through them all, but it wasn't something -- I'm not a 21 lawyer. I didn't really -- I knew that I was signing 22 over all my rights at that time. I got that. 23 And I did have a lawyer at home take a look at 24 it, and -- and -- and his advice to me was in the legal 25 sense never sign it, but -- but then he told me if I was 100

1 you, I would go ahead and sign it -- 2 Q Why -- 3 A -- just as quickly as possible. 4 Just because I think he's coming from the same 5 mold as me, has the opportunity to play a game like this. 6 Yeah, it's kind of scary to give up what you're giving 7 up, but you're -- you're putting -- but they're also 8 human beings and you probably can trust them. They're 9 probably not going to just destroy your image and make 10 you look terrible just to do it. So, you know -- and -- 11 and the game sounds like a dream come true, so go ahead 12 and -- you know, if you want, you know, go ahead, but 13 just understand what you're giving up. 14 So I was aware that, you know, at that time I 15 was giving up all rights, too, you know, and there would 16 just be a one-time fee and no residuals. And -- and you 17 couldn't write a book and all that stuff, so -- but I -- 18 but I -- as far as all the details and exactly what I 19 signed, I really don't know. 20 Q Was it your understanding that you could 21 negotiate about what was in those agreements or that 22 basically it was take it or leave it? 23 A All I knew was take it or leave it. Here's a 24 contract. You need to sign it if you want to be one of 25 the final 48 contestants. To my knowledge, all 48 of us 101

1 in the final round were asked to sign it before we 2 continued the process of being casted. 3 Q Not just the final 16? 4 A No. Right. 5 Q Are you aware that the -- or one of the 6 documents -- at least one of the documents you signed 7 contains a confidentiality provision? 8 A Yes. 9 Q And what is your understanding of that? 10 A Simply that I'm not allowed in any way, shape, 11 or manner to talk about things that happened on the 12 island that aren't public knowledge. So it could be 13 anything from, you know, what the production camp looked 14 like to, you know, what Mark said to me on the beach at 15 Day 9. 16 Q And do you -- do you have an understanding as to 17 the purpose of that confidentiality provision, why that 18 was part of what you had to sign? 19 A I'm not -- I'm no expert, so I guess I don't -- 20 you know, I can assume certain things, but I don't know 21 any real specific reasons except to protect all parties 22 involved. 23 Q Has the existence of that confidentiality 24 provision and your having signed it, affected what you do 25 and say about the Survivor -- about Survivor and your 102

1 experience? 2 A Well, so much of the show was public knowledge, 3 you know, so much of what happened the world has seen. 4 So there's not really much that I would feel nervous 5 about sharing except when it comes down to issues as far 6 as what we've been discussing all day. Things like 7 production influence, things like that, so those are 8 things that I never discuss. 9 You know, I get asked all the time did people -- 10 you know, was the game real, and my short answer is yeah, 11 it was our reality. We -- we lived through it. So, you 12 know, nothing was faked out there. But I don't discuss 13 in any way, shape, or form with anybody, except the other 14 contestants, you know, any -- anything having to do with 15 production influence or how the -- how the show was 16 produced or anything that I think would put me in danger 17 of being sued by the production company. 18 Q Has the fact that the production company has 19 sued Stacey had any chilling effect on your feeling 20 comfortable about talking about things? 21 A About -- about anything? 22 Q About things related to Survivor. 23 A I guess from the very beginning I've always 24 understood that they're serious about this contract, and 25 that's why we signed it. And that they would take any 103

1 measure to, you know -- to make sure that you did not 2 breach your end of the contract. But I guess, you know, 3 that has not -- the lawsuit against Stacey is not -- I 4 guess -- because I don't feel like I publicly share 5 anything that would be worth suing me over, so I guess 6 I -- it has not scared me in any way, shape... 7 Q Can you describe -- we talked a little bit 8 earlier about promotional activities or -- speaking 9 engagements and appearances, et cetera. Is part of that 10 promotional for Survivor -- for the Survivor show or is 11 that just sort of individual? 12 A I suppose it could be looked at as promotional. 13 You know, if I'm traveling around the country speaking up 14 to 10,000 kids at any night, you know, and you're 15 talking -- you're just talking about this experience you 16 had on this game show Survivor and how wonderful it was, 17 I'm sure, yeah, that's going to, you know -- many times 18 people have approached me and said I never watched the 19 show before, but man, it sounds great. So yeah, I guess 20 that's a form of promotion, but that's not my intent or 21 my focus when I travel around the country. I have I 22 guess other -- other focuses. 23 Q And what control over that process does CBS 24 and/or the production company have of where and who you 25 speak to and... 104

1 MR. WHITE: You're talking about Mr. Been's 2 speaking engagements? 3 MR. GOLDOWITZ: Yes. Yes. 4 THE DEPONENT: Ever since the show has ended -- 5 or the final episode aired and the winner of the game, 6 you know, was unveiled to -- to the world, basically I 7 think that was the last secret that CBS was really 8 concerned. And after that point we were informed that 9 okay, now you're pretty much on your own to do what you 10 like. We're going to be watching and -- you know, and 11 there were limitations about, you know, you can't make an 12 appearance on another network's TV show. Let's say NBC. 13 You know, I was told that. Or WB or things like that. 14 Q BY MR. GOLDOWITZ: Because they're competitors 15 of CBS? 16 A Right. A competing network. But as far as 17 speaking or interviews, you're -- you're -- you're on 18 your own now. Before, they had been very controlling, 19 obviously, because they -- they did not want that, you 20 know. And not that they thought we would, but there 21 could have been a slip-up or whatever that we would let 22 the secret out of the winner, and that was the biggest 23 thing I think that they were scared of getting out there. 24 So ever since then it's been pretty much you do your own 25 thing. We'll let you know if you're doing something 105

1 wrong. 2 Q And do they have the -- does CBS and/or the -- 3 DEPOSITION OFFICER: I'm sorry, does CBS what? 4 Q BY MR. GOLDOWITZ: Does CBS or -- do CBS or the 5 producers of Survivor have the right to say no, we don't 6 want you speaking here or there? 7 A I believe they do. That's been a question that 8 I've asked many lawyers, and I always get a different 9 answer when they look at the contract. And I always hear 10 different answers, you know, no, they're in control for 11 three years. No, it's just three months. No, they had 12 to pick up the contract again, and inform you about it at 13 the end of year. I'm not really sure. 14 So I guess for me it's go until they tell me to 15 stop, and then if it's something I feel I need to 16 continue, then I guess we have to get serious about 17 having some lawyers look it at and really see where it 18 stands. 19 Q Has it occurred where someone from CBS or the 20 producers of the Survivor said no, we don't want you to 21 do -- appear here or we don't want you to appear there? 22 A I -- well, as far as anything, appearances or -- 23 Q Yeah. 24 A Well, I had a -- I'd earned a guest spot on an 25 NBC program and was told I couldn't do that, so I didn't. 106

1 Q What program was that? 2 A As the World Turns. And at that point was 3 informed that yeah, any networks, any, you know, major 4 networks, including Warner Brothers -- or WB, you know, 5 you couldn't appear on because that was direct 6 competition. Besides that, I don't -- I don't think 7 there's really been anything that I can remember. 8 Q And that was -- or you believe that that was 9 because it was the -- 10 A That's what I was told at the time. 11 Q You can't appear on competitor's shows, 12 basically? 13 A On -- yeah, on opposing, competing networks. 14 Q Right. To what extent did CBS and/or the 15 producers of the Survivor help coordinate or connect you 16 up with possible speaking appearance engagements? 17 A After -- well, after the show was done airing 18 and we were done doing press for them as far as in the 19 promotional sense and whatever, very -- very little 20 involvement. You know, they -- they give us tickets for 21 the Emmys, Grammys, People's Choice Award, they gave me a 22 ticket for and a limo and things like that. Besides -- 23 besides those award shows, I think that's it. 24 Q So the main active involvement of CBS and/or the 25 producers was before the final showed was aired? 107

1 A Yes. 2 Q And can you describe a little bit about what 3 role CBS and/or the producers played in the pre -- your 4 appearances and promotional activities before the airing 5 of the final show? 6 A They basically -- they told you here's -- you 7 know, here's things you can do and, you know -- and then 8 if somebody approached you as an individual, hey, I want 9 you on my show. I want you -- then you had to ask them 10 and you had to get clearance from them. So -- and if 11 they didn't want it to happen, they'd say no. 12 Q And when they said they told you what you could 13 do, they were sort of making a menu of options available 14 to you. Here are some things. Do you want to do any of 15 these? Is that how it worked? 16 A Right. Well, you had to -- oops. You had that 17 opportunity when you were out in New York. And then 18 there was a lot of different radio, you know -- you know, 19 all these requests that have been -- you weren't allowed 20 to talk to the press while you were still on the show, 21 and then once you were voted off, all these are press 22 that have built up. 23 They said listen, here's a list -- you know, 24 here's a hundred radio stations that want to interview 25 you. You want to do it, you know, and -- so I did it at 108

1 the CBS studio in New York and sat down and did, you 2 know, I don't know how many radio interviews in a row, 3 you know. And so they would set all that up and monitor 4 it to a certain level. And then the farther removed you 5 got from the episode where you were voted off, the less 6 and less involvement there -- there was. 7 Q Because there was less public interest and -- 8 A Yes. 9 Q There was a new star? 10 A Right. Right. 11 Q We talked a little bit about the Survivor 12 reunion show, which was the second hour that was shown 13 live right after the broadcast of the last episode; is 14 that correct? 15 A Uh-huh. Yes. 16 Q Was -- were you aware of any discussion amongst 17 the contestants about compensation from CBS or the 18 producers for participation in the reunion show? 19 A There was a week where I -- and I -- again, I 20 don't have the dates. I believe it was -- 21 Q I think -- I think -- at least my understanding 22 is that the last episode and the reunion show were both 23 August 23rd. 24 A Okay. I believe it was the end of July, toward 25 the last week in July or somewhere around there, I went 109

1 to Knoxville, Tennessee for a week-long youth conference 2 with the kids that I used to work with when I was in 3 Seattle. Before I ever left Seattle in October of '99, I 4 said hey, I'll meet up with you down in Knoxville for 5 this nationwide youth conference. And I went down there 6 with the intention of just being with them all week. 7 And -- and that was, you know -- when I left 8 Seattle I had no clue about the Survivor thing, and so 9 now the whole Survivor thing had happened and we were 10 right in the middle of it. And now I'm, you know, this 11 TV personality, whatever, and I'm at this, you know, 12 conference with, you know, 7,000 kids. And it's -- it's 13 a little out of hand, but I'm really trying to focus on 14 just being with the kids because these 16 kids were kids 15 that, you know, I was involved in their lives and they 16 really were looking forward to spending time with me. 17 And -- so I -- I really had no communication with the 18 outside world that week. I just spent it with these kids 19 in Knoxville, Tennessee. 20 At the end of that week I returned home to 21 Wisconsin. And that was when my mom said well, I've been 22 receiving some e-mails about, you know, this -- this 23 reunion show that CBS wants to do, and Stacey has been 24 e-mailing everybody about asking for more compensation 25 because of the rates -- because of the money that CBS is 110

1 going to make off the advertising time for this extra 2 hour that they're adding on. That we should get more 3 money because they're going to be making more money. 4 And they had offered us a certain amount, but 5 Stacey and others, I don't know who, but -- and I don't 6 know all the details, because like I said, I got into it 7 after the fact. But apparently what had happened is 8 Stacey had initiated this and just started discussion 9 among the other 16 of us -- 15 of us, 16 of us -- well, I 10 wasn't in the discussion because I was out of 11 communication, but just that hey, maybe this is something 12 if we want to do, we can do it as a group. And it's 13 something that she believed that we deserved, and that 14 was -- she was just putting that out there for everyone 15 to think about. 16 And by the time I got that initial message 17 that -- it had already been decided. Somebody had 18 already went to CBS and said hey, this is what some of 19 the other survivors did. CBS sent out contracts 20 immediately to all of us to have us to sign for a certain 21 amount, which was the initial -- I don't know how much 22 they initially offered, but that's all I ever heard, was 23 the initial amount, and that was the end of it. And some 24 people had already signed on, and they said they were 25 going to do the show if they only had two people, and it 111

1 didn't matter, so -- so apparently the whole thing had 2 happened, and then I came in and -- and heard about it 3 after the fact. 4 Q And your understanding of Stacey's role is she 5 was engaging other contestants to kind of band together 6 and ask for more compensation than CBS had originally 7 planned to provide? 8 MR. WHITE: Objection. Leading. 9 THE DEPONENT: Yes. 10 Q BY MR. GOLDOWITZ: Did you believe that Stacey's 11 proposal was improper or wrong in any way? 12 A No. I believe it was Stacey's opinion. It was 13 her thought. It's one that I don't disagree with. We're 14 the Survivors, the 16 of us. We were part of the 15 production. We were part of the whole process. 16 And I'm not an expert in business. I don't 17 understand all the -- what happens behind -- you know, 18 how the whole business works, but I do know that yeah, 19 CBS did make a lot of money off this, and they were going 20 to make some more off the fact that we're coming back for 21 the reunion show. And that -- and I do believe that we 22 deserved to get what was fair. 23 Now, what is fair? That's the difference of 24 opinion. Stacey believed that 100,000 was fair. My 25 personal opinion, looking at how much money they were 112

1 making, that's nothing. You know, that would have been a 2 blip in the screen to what they were making, and that I 3 didn't think of it was terribly unfair. 4 But to be honest with you, also at that point I 5 had zero dollars in my bank account and 10,000 also 6 seemed like a lot to me. And I just -- for me I just 7 hope that CBS really was being fair and -- and went from 8 there. You know, like I said, I really didn't have a 9 voice in the discussion, but I didn't -- I didn't think 10 that there was anything unfair or negative about what -- 11 her line of thought. 12 Q In addition to the conference call that you 13 testified to where Andy White was on the line and Ghen -- 14 A Yeah. 15 Q -- was on the line, in addition to that and your 16 conversations with your lawyer, Mr. Edelman, have you had 17 any discussions with anyone else about your testimony 18 today? 19 A Me and my family have discussed it. 20 Q Other than -- other than your family? 21 A No. 22 Q And when you say your family, is that your 23 mother or also others in the family? 24 A My mother and my father and my brothers and 25 sisters. 113

1 Q Just to be -- just so the record is clear, you 2 told us today about conversations that you -- that you 3 had with Mark Burnett on the beach on Day 9, and then a 4 conversation you had with Sean afterwards about that and 5 about a conversation that he had with Mark Burnett. Is 6 it correct that that not only was what you told Stacey, 7 but that is actually what happened also? That's my 8 understanding, but I just wanted to make sure the record 9 was correct on that. 10 A Yes. 11 Q You mentioned the luxury item that you took on 12 the island was the Bible. Do you consider yourself a 13 fairly religious person? 14 A I consider myself a Christian. 15 Q And you believe deeply in that? 16 MR. WHITE: I object. This is overly intrusive. 17 It's got nothing to do with this lawsuit. 18 MR. GOLDOWITZ: If you don't -- if you don't 19 feel comfortable answering, then that's fine. 20 MR. WHITE: Mr. Been's religious beliefs are not 21 the subject of this lawsuit. 22 MR. GOLDOWITZ: If you don't feel comfortable 23 answering, that's fine. 24 MR. EDELMAN: Where are you going with this? 25 MR. GOLDOWITZ: I just have one follow-up to 114

1 that. Whatever he answers to that, I just have one 2 follow-up to that, single question. 3 MR. EDELMAN: I'll leave it to you. If you're 4 not -- if you don't want to get into this, you obviously 5 don't need to. 6 MR. GOLDOWITZ: It's up to you. 7 THE DEPONENT: Well, I never have a problem 8 talking about my love for Jesus Christ, so yeah, it's -- 9 it's -- it's the basis -- or it is -- it's a foundation 10 which I try to do everything on. 11 Q BY MR. GOLDOWITZ: And do your religious beliefs 12 say anything about lying versus telling the truth? 13 A Well, obviously Christ asks us to live a life 14 that would be honoring to God, and that would include 15 being truthful and honest. 16 Q And that's something you try to live by? 17 A That's something that -- that is -- is a main 18 goal in my life. My -- my father always taught me that 19 no matter what you do, you need to take responsibility 20 for. So, you know, to me it just makes everything a lot 21 easier to be honest in any situation. That way I don't 22 have to be responsible for telling a lie, which usually 23 brings a lot more problems. 24 MR. GOLDOWITZ: I suggest that we take a 25 10-minute break and we might be able to determine whether 115

1 we can complete our -- I don't know how much time either 2 of you anticipate having, but it's conceivable that we 3 could just go through and not -- 4 MR. WHITE: I think that we could go through -- 5 I doubt that mine's going to take even an hour. Maybe 6 half-hour, 45 minutes. 7 MR. GOLDOWITZ: So what I'm proposing is we take 8 a 10 -- 9 MR. YATES: Are we off the record right now? 10 MR. GOLDOWITZ: Yeah, let's go off the record. 11 Let's go off the record. 12 THE VIDEOGRAPHER: Off the record, 11:55 a.m. 13 (Discussion held off the record.) 14 (A luncheon recess was taken from 15 11:55 a.m. until 1:08 p.m.) 16 THE VIDEOGRAPHER: We're back on the record, 17 1:08 p.m. 18 Q BY MR. GOLDOWITZ: Okay. Dirk, I just have a 19 few more things I wanted to ask you about. 20 First, after your conversations with Sean on 21 Day 9 when you went out to get the water, did you have 22 any subsequent conversations with him about the events 23 and discussions with Mark Burnett on the beach on Day 9? 24 A Just -- just that he came back to me later -- I 25 believe I said this earlier when we had a minute, and he 116

1 said yeah, Rich is voting for Stacey. And that's -- 2 that's pretty much all we talked about after -- you mean 3 up until the tribal council -- 4 Q Well, let's first -- with that, yeah. 5 A Yeah. Yeah, we didn't talk about it. That's 6 the only mention we had of it afterwards, because we were 7 pretty much with the group after that. 8 Q And based on your conversations with Sean and 9 his having -- when you went back to get the water and his 10 having been later reported to you that he had checked 11 with Rich, and Rich was going to vote Stacey off the 12 island, did you have any belief as to the impact of 13 Mark's statements to Sean on how Sean voted? 14 MR. WHITE: Objection. Calling for speculation. 15 Asking Mr. Been to read Mr. -- Dr. Kenniff's mind. 16 MR. EDELMAN: Can I have the question read back, 17 please? 18 (The record was read as follows: 19 "Q And based on your conversations with 20 Sean and his having -- when you went back to get 21 the water and his having been later reported to 22 you that he had checked with Rich, and Rich was 23 going to vote Stacey off the island, did you 24 have any belief as to the impact of Mark's 25 statements to Sean on how Sean voted?") 117

1 THE DEPONENT: Yeah, I don't -- I don't -- I 2 guess I can't -- I won't speak for Sean, so I really 3 don't know. 4 Q BY MR. GOLDOWITZ: You don't have any belief 5 about the impact of what Mark told Sean on how he voted? 6 MR. WHITE: Objection. Asked and answered. He 7 just answered that question. He declines to speak for 8 Sean. 9 THE DEPONENT: No, I don't know. 10 Q BY MR. GOLDOWITZ: And after Day 9 did you have 11 any conversations with Sean about what occurred in your 12 discussions with Mark on the island and the events 13 leading up on the vote? Either on or off the island. 14 A Oh, yeah, plenty of times after -- off the 15 island, yeah. 16 Q And what was the essence of those discussions? 17 A Just kind of trying to figure out what was 18 really going on so -- you know, what happened to you, 19 what was -- this is what happened to me. You know, were 20 we having -- was something being pulled over our eyes, 21 was -- you know, just trying to put all the different 22 stories together to try to figure out what was happening 23 or what did happen on the island. 24 Q And did -- did you draw any conclusions from 25 those discussions about -- to help clarify to you what 118

1 did happen? 2 A My conclusion was that Mark Burnett, as far as 3 producer, did -- you know -- was -- was purposely 4 influencing the game for whatever his motives might have 5 been. 6 Q When you had these conversations with Sean off 7 the island later, after Day 9, did Sean acknowledge to 8 you his conversation with Mark Burnett as he had reported 9 to you on Day 9 at the island? 10 MR. EDELMAN: Do you understand the question? 11 THE DEPONENT: I think so. Why don't you just 12 say it again. 13 DEPOSITION OFFICER: I'm sorry. "Why don't you 14 just say it again"? 15 THE DEPONENT: Yeah, the question again. 16 (The record was read as follows: 17 "Q When you had these conversations with 18 Sean off the island later, after Day 9, did Sean 19 acknowledge to you his conversation with 20 Mark Burnett as he had reported to you on Day 9 at 21 the island?") 22 THE DEPONENT: Are you asking did he admit to it 23 happening or just -- just everything? 24 Q BY MR. GOLDOWITZ: Well, did -- did he 25 acknowledge that -- that what he had told you on the 119

1 island was what happened, was his recollection of what 2 happened? 3 A Yeah. As far as I can remember, yeah. I don't 4 ever remember him saying it didn't happen. 5 Q And do you recall approximately when these 6 conversations with Sean off the island after Day 9 took 7 place? 8 A No. I mean they -- they started as soon as we 9 all got back in the country and we all started talking to 10 each other, till -- you know, up till the lawsuit, you 11 know, happened, so... 12 Q And do you have any estimate of the number of 13 times that -- since then -- since Day 9 the two of you 14 talked about this -- what went on on the island on Day 9 15 and the voting and Mark Burnett's conversations? 16 A As far as the specific incident on Day 9 or just 17 overall things. 18 Q Well, first that, first the specific. 19 A I have no idea how many times. 20 Q Once or twice or more than that? 21 MR. WHITE: You're talking about conversations 22 with Sean specifically on this subject? 23 MR. GOLDOWITZ: Right. Right. 24 THE DEPONENT: I have no idea because we -- you 25 know, we're good friends and we spend a lot of time 120

1 talking. And like I said, the conversation is generally 2 about Survivor, so I don't know how -- you know, how many 3 times we specifically talked about that incident, but 4 it's a general theme of what we talk about, just 5 different things that happened out there, so I really 6 have no idea. 7 Q BY MR. GOLDOWITZ: And the general theme being? 8 A That things were going on. You know, what about 9 this and, you know, well, this happened. You know, 10 things that I've mentioned. Things of that nature. 11 Q Like the things aren't as they seem or -- 12 A Right exactly. 13 Q -- improper influence kind of stuff? 14 And was it your sense that Sean agreed with you, 15 that -- that there was improper influence from the -- 16 from what he told you, from the -- from the producers? 17 MR. WHITE: Objection. Calling for 18 speculation. If you want to clarify what Sean said as 19 opposed to the witness' sense. 20 MR. GOLDOWITZ: Well, that's what I'm asking. 21 Q Based on what Sean told you, was it your sense 22 or understanding that Sean agreed with you that there 23 was -- had been improper influence from the producers on 24 the show? 25 MR. EDELMAN: Why don't you just ask him whether 121

1 Sean said he agreed with you or not. 2 MR. GOLDOWITZ: Well, okay. We can do that. 3 THE DEPONENT: So -- say it one more time. 4 Q BY MR. GOLDOWITZ: Did Sean say he agreed with 5 you that there was -- had been improper influence from 6 the producers? 7 A Yes. 8 Q Are you aware that -- are you aware whether Sean 9 made public statements to the press on the question of 10 Mark's influence over the contestants? 11 A Am I aware whether he made statements? 12 Q Right. Right. 13 A Yes, I'm aware that he made statements. 14 Q And do you recall the -- strike that. 15 Have you ever talked with Sean about the 16 statements that he made to the press regarding the issue 17 of Mark's influence on the contestants? 18 A No. 19 Q In the conference call that you had with 20 Andy White and Ghen Maynard where you essentially told 21 them what had happened on Day 9, did you also tell them 22 that you had told Stacey about what had happened on 23 Day 9? 24 A I believe so. 25 Q And in that conference call you also told them 122

1 what -- the discussion that had happened between you and 2 Sean about Mark's discussions with the two of you; is 3 that correct? In the conference call. 4 A I believe so, yes. 5 Q And did you also tell them that you had told 6 Stacey about it, your discussions with Sean on Day 9? 7 A Didn't you just ask that question? 8 Q The first one was whether -- just clarifying 9 whether you told the participants in the conference call 10 that that happened. And then -- and that one which you 11 said yes. And now I'm asking whether you told them that 12 you had told Stacey about the conversations with Sean. 13 A Did I tell them in the conference call? 14 Q Did you tell them in the conference call that 15 you had told Stacey both about -- not only about what you 16 had talked about with Mark, but also the conversations 17 that you had with Sean about Mark's discussions on Day 9? 18 A After -- you mean after -- discussion at the 19 water hole or after? 20 Q Discussion when you -- when you had gone to get 21 the water, yes. 22 A Yes. 23 Q You did tell the participants in the conference 24 call that you had told Stacey about those conversations 25 that you had with Sean? 123

1 A I believe so, yes. 2 Q And you said that the first time -- excuse me -- 3 you discussed this issue with Stacey the day after you 4 were voted off in the lobby of the Magellan Hotel, people 5 were waiting to go to dinner and so you didn't have a lot 6 of time. Did you basically tell Stacey the whole -- 7 pretty much the whole story of what had happened on Day 9 8 and the conversations with Mark and with Sean by the -- 9 in the -- by the conversation that you had in late August 10 of the -- after the reunion of the Survivor show? 11 MR. WHITE: Objection. Leading. And also 12 ambiguous. I'm not sure what that means. 13 Q BY MR. GOLDOWITZ: Do you understand the 14 question? 15 A No, I'm lost. 16 Q Okay. You said that the conversation was brief 17 because the -- March 28th because people were waiting to 18 go to dinner, et cetera, and you didn't have that much 19 time, but you did say that you had taken bad advice. 20 Then you said there was a subsequent conversation 21 after -- the night or shortly thereafter the reunion 22 Survivor show on or around August 23rd. By that -- at 23 that -- at that -- in that conversation that you had with 24 Stacey on August 23rd, you said that was a longer 25 conversation; is that correct? 124

1 MR. WHITE: Object to the preamble. The 2 question stands. Was that a longer conversation? The 3 long preamble misstates the testimony. 4 Q BY MR. GOLDOWITZ: That was a longer 5 conversation than -- than the first time, the night of 6 the 23rd or around then? 7 A I don't remember specific minutes or times, you 8 know. I didn't time each event, but -- and I don't 9 mean to -- I didn't mean to make it sound like the first 10 conversation was short. That was probably a 15-, 11 20-minute conversation, but I don't -- I don't recall 12 going into great detail, but I think I shared most of the 13 story at that point. The next time, the next 14 conversation after the reunion show was a longer 15 conversation and more detailed. 16 Q That was -- which one was the next one after the 17 reunion show? 18 A The reunion -- yeah, that one. 19 Q Oh, okay. Compared to the first time? 20 A Right. 21 Q And so the second time -- the second 22 conversation after the reunion show you went into more 23 detail? 24 A Yeah. Stacey had a lot more questions about it 25 and we had more time. 125

1 MR. GOLDOWITZ: That's all the questions I 2 have. 3 Mr. White, your witness. 4 MR. WHITE: You want to take a short break and 5 we'll switch microphones, Counsel? 6 (Off the record.) 7 8 EXAMINATION 9 BY MR. WHITE: 10 Q Good afternoon, Mr. Been. I'm Andy White, as I 11 think you know. My law firm and I represent SEG, Inc. in 12 the lawsuit that you have noticed for this deposition. 13 We also represent the defendants in the lawsuit that 14 Miss Stillman filed in San Francisco against CBS, 15 Mark Burnett, Viacom, CBS Broadcasting, CBS Survivor 16 Productions, Survivor Entertainment Group, Inc., 17 Survivor Productions, and Does 1 through 25. 18 Let me ask you first of all, with respect to 19 your time on the island, you were a member of -- is it 20 the Taggy Tribe? 21 A Tagi. 22 Q Tagi. And you were there for three of the 23 council votes? 24 A Yes. 25 Q And the first one Sonja was voted off, correct? 126

1 A Yes. 2 Q And you voted to take Sonja off? 3 A Yes. 4 Q And the second one Stacey Stillman was voted 5 off, and you voted to take Stacey off? 6 A Yes. 7 Q And the third one you were voted off. Who did 8 you vote for? 9 A Sue. 10 Q Okay. In the -- in the times when you voted to 11 take someone off -- else off, the three times that you 12 voted to take someone else off, each of those were 13 difficult and uncomfortable votes for to you make; is 14 that correct? 15 A In what way? 16 Q It was -- it was an uncomfortable thing for you 17 to do personally, to vote someone else off the island? 18 A I wouldn't say that -- 19 MR. GOLDOWITZ: Are you treating him as a 20 hostile witness? You're leading as much or more than I 21 was leading. 22 MR. WHITE: I think I'm entitled to treat his 23 testimony as adverse testimony, and I'm entitled to 24 cross. You called him. 25 MR. GOLDOWITZ: You're considering him a hostile 127

1 witness? That's fine. 2 MR. WHITE: I didn't say hostile. Adverse. I 3 don't consider Mr. Been hostile. 4 MR. GOLDOWITZ: Go ahead. 5 MR. WHITE: I don't. 6 MR. GOLDOWITZ: Okay. 7 Q BY MR. WHITE: Isn't it true that -- that 8 personally, from your personal perspective, making a 9 statement to vote someone else off the island was 10 personally a difficult thing for you to do? 11 A The first two were; the third one wasn't. 12 Q Okay. Each of those three votes were ultimately 13 Dirk Been's responsibility, correct? 14 A Yes. 15 Q Okay. And you take full responsibility for each 16 of those votes? 17 A Yes. 18 Q Okay. Now, the second of those three votes, at 19 that point there were seven members of the Tagi Tribe 20 left, correct? 21 A With which vote? 22 Q The second vote -- 23 A Yes. 24 Q -- that you -- the second -- is it the tribal 25 council? 128

1 A Yes. 2 Q Tribal council vote. And the seven members at 3 that point were yourself, Sean Kenniff, Stacey Stillman, 4 Kelly Wiglesworth, Rudy Boesch, Rich -- 5 A Hatch. 6 Q -- Hatch, and Susan Hawk? 7 A Yes. 8 Q Okay. And the ultimate vote out of those seven 9 was five to two for Miss Stillman to leave, correct? 10 A I'm not sure. 11 Q Okay. Well, you voted for Stacey, right? 12 A Uh-huh. 13 Q "Yes"? 14 A Yes. 15 Q And Sean Kenniff voted for Stacey? 16 A Yes. 17 Q Rudy Boesch voted for Stacey? 18 A Yes. 19 Q Rich Hatch voted for Stacey? 20 A Yes. 21 Q And Susan Hawk voted for Stacey? 22 A Okay. 23 Q Okay. And so there were two votes that were 24 left, which were -- 25 MR. YATES: Well, I want -- I want to object to 129

1 that, then, because he already said he doesn't know, and 2 I think you're introducing facts that are not in 3 evidence. 4 MR. WHITE: Well, they're in your client's 5 Complaint in that way. 6 MR. YATES: Well, we're not at my -- we're not 7 at that part of the Complaint at this particular point in 8 time, and I don't think anybody's testified to what 9 Susan Hawk -- who Susan Hawk voted for. 10 MR. WHITE: Counsel, we all know what the vote 11 was. 12 MR. YATES: And the deponent -- and the deponent 13 says he doesn't recall. 14 Q BY MR. WHITE: Let me read to you paragraph 33 15 from the Complaint filed by Stacey Stillman on February 5 16 of the year 2000. 17 "At the subsequent council meeting on Day 9 18 Plaintiff was eliminated from the contest. She received 19 five votes for elimination, including votes from Been and 20 Kenniff, with the other votes being cast by Boesch, 21 Richard Hatch, and Susan Hawk. Boesch received the other 22 two votes from Plaintiff and Kelly Wiglesworth." 23 Does that allegation from Miss Stillman's 24 Complaint refresh your recollection as to the vote on 25 that day? 130

1 A Yeah. When we're there and -- subsequently we 2 don't -- we have no idea what happens, you know, as far 3 as the voting, so that seems right to me. 4 Q Okay. If you had voted to take Rudy off and the 5 other votes stayed the same, under the procedures of the 6 Survivor show Miss Stillman would have still been voted 7 off; isn't that correct? 8 A Yes. 9 Q Okay. Now, you're aware that Sean Kenniff has 10 given a number of public statements about the events of 11 Day 9 and the influence that you attribute to 12 Mark Burnett. You're aware of that, aren't you? 13 A Yes. 14 Q Okay. And you're also aware, are you not, that 15 Dr. Kenniff has stated publicly that his own vote was not 16 coerced or manipulated by Mark Burnett? You're aware 17 that he's made that statement public, aren't you? 18 A Yes. 19 Q You don't have any reason to dispute 20 Dr. Kenniff's public statement, do you, about his own 21 experience? 22 A As I said, I'm not going to speak for Sean, but 23 I think Sean has -- also has said nothing about 24 influence, but just manipulation and coercement, and he 25 used the term several times "strong-armed," which I think 131

1 I openly said that never took place, as far as my 2 knowledge, through the entire process of the game. 3 Q All right. You were not strong-armed? 4 A No. 5 Q Or coerced? 6 A Or manipulated. 7 Q Right. Let me just read for you a passage from 8 a quotation that's an interview of Dr. Sean Kenniff on 9 the Geraldo Rivera Show on February 6th, which I believe 10 is the day after Miss Stillman's lawsuit was filed. 11 MR. YATES: Objection. Foundation. 12 Q BY MR. WHITE: And you can -- I'd like to ask 13 you some questions about Dr. Kenniff's statement. 14 "So what I'm saying is that Mark Burnett in 15 terms of the voting, not once was I ever -- did I ever 16 feel influenced or coerced or even suggested to vote in a 17 particular fashion." 18 Do you disagree with Sean Kenniff's statement on 19 February 6th of this year about his own experience? 20 A I guess I don't understand what he's trying to 21 say. Is he saying that Mark never approached him and 22 suggested this is something that he should do? Is that 23 what he's saying? 24 Q His statement was that he was never -- I 25 never -- 132

1 MR. YATES: Well, I object to his entire line of 2 questioning, and the fact that, first of all, there's no 3 foundation for this document that Counsel's reading from. 4 The question is one question out of a long interview -- 5 if -- if the document has any foundation at all, it's one 6 question out of a long interview, so it's taken out of 7 context. 8 Q BY MR. WHITE: If Dr. Kenniff said publicly, 9 quote, not once was I ever -- did I ever feel influenced, 10 coerced or even suggested to voted in a particular 11 fashion, if Dr. Kenniff said that statement, do you have 12 any reason to disagree with his statement about his own 13 experience? 14 A I can't speak for Sean. 15 Q Thank you. 16 A But I would -- from my personal standpoint, 17 looking back on it, I -- I would disagree with that. 18 Q Disagree with Sean's assessment of his own 19 experience? 20 A If he's saying that there's never been a 21 suggestion thrown his way, then I would know that would 22 not be true. 23 Q Okay. Now, you're also aware that -- 24 incidentally, you -- you testified that this conversation 25 that you had with Mark Burnett on Day 9 at the end of the 133

1 day on the beach occurred between just the two of you, 2 yourself and Mark Burnett alone; is that right? 3 A Yes. 4 Q Isn't it true that it was normal practice for 5 Mr. Burnett when he spoke to participants to be 6 accompanied by Craig Poligian, one of the assistant 7 producers? 8 A When Mark would visit us as a group, he would 9 always have Craig with him. Anytime Mark approached me 10 as an individual, I can't recall one time that he had 11 Craig with him, but it was very rare that he would 12 approach me as an individual. 13 Q Were there other occasions besides this event 14 that you've described on Day 9 where Mark Burnett 15 individually, one-on-one, approached you? 16 A The only other time I can recall is -- that 17 would have been the -- the 12th night or the 12th day, 18 during immunity challenge, and it was each member of the 19 tribe had an individual part of a relay. And I was 20 running a race through the jungle against Gerv, and he 21 approached me as an individual, and individually said to 22 me, you know, it's all going to come down to you and 23 Gerv, and -- so the race is on your shoulders. What do 24 you think about that? 25 Q You're aware, are you not, that Dr. Kenniff has 134

1 stated that the conversation on Day 9 occurred among four 2 people: Yourself, himself, Mark Burnett, and Craig 3 Poligian? 4 A No, I'm not aware of that. 5 Q Okay. If Dr. Kenniff were to so testify, is it 6 your view that he would be lying? 7 A That the conversation took place with me, Sean, 8 Mark, and Craig? 9 Q Correct. 10 A I would tell you it wasn't true. 11 Q Okay. Isn't it -- you're also aware, are you 12 not, that Dr. Kenniff has on many occasions, including 13 public statements, stated that Mark Burnett on Day 9 and 14 in many other conversations told him that in the final 15 analysis with respect to deciding his vote, he should 16 vote his conscience. You're aware of that, are you not? 17 A That Sean has made that comment? 18 Q Yes. 19 A Yes. 20 Q All right. Isn't it true that on more than one 21 occasion Mark Burnett has told you that ultimately the 22 final vote is up to you? 23 A That Mark said that to me as an individual? 24 Q Or to the group. 25 A Yeah, he made that statement to the group. 135

1 Q All right. And you knew that going into the 2 tribal council vote on Day 9 that your final vote was up 3 to you? 4 A Yes. 5 Q Now, approximately when was it that you shared 6 your letter, Exhibit C, with Miss Stillman? Can you give 7 us an approximate time frame for that? 8 A I'm trying to think. It must have been -- it 9 must have been January. 10 Q January of this year? 11 A I really don't know. I'm trying to think off 12 the top of my head, but all I remember is it was the 13 night of the championship game and I know that was after 14 the New Year. 15 Q The night of -- which championship game? 16 A The NBA Entertainment league that I was playing 17 for. 18 Q Oh, okay. So it was -- it was after 19 New Year's -- after January -- December 31 of 2000 or 20 January 1 of 2001? 21 A Yeah, I believe so. 22 Q Okay. You'll acknowledge, won't you, Mr. Been, 23 that Exhibit C never once states that your vote -- you 24 never once state in Exhibit C that your vote to vote 25 Stacey off was manipulated by Mark Burnett? 136

1 MR. YATES: Objection. The document speaks for 2 itself. 3 THE DEPONENT: That's not in the letter because 4 I didn't feel like I was manipulated. 5 MR. WHITE: Okay. Let me have marked as 6 Exhibit -- okay -- Exhibit D a transcript of an 7 appearance by Stacey Stillman on Good Morning America on 8 February 7th of 2001. 9 Q And I'd like to refer you, Mr. Been, to the 10 second page. And there's a reference about two-thirds of 11 the way down and a statement by Miss Stillman about your 12 letter where she says, quote, "I've seen the letter --" 13 Do you see that text? 14 A Yes, sir. 15 (Plaintiff's Exhibit D was marked for 16 identification by the deposition officer and 17 is attached hereto.) 18 Q BY MR. WHITE: "I've seen the letter, and Dirk 19 wrote two page" -- "two single-spaced typewritten pages 20 about how dare Mark call the show a reality show when he 21 would do something like come up to him" -- meaning come 22 up to Dirk Been -- "and manipulate his vote." 23 Question by Diane Sawyer, "He used the word 24 manipulate in the letter?" 25 Statement by Miss Stillman, "Uh-huh." 137

1 That statement that Miss Stillman made about 2 your letter is not true, is it? 3 A The word "manipulation" is not in the letter. 4 Q Thank you. 5 Now, you were aware that in the course of the 6 events and the challenges and the competitions down in 7 the South China Sea that a number of people were engaged 8 in less than full truths about what they were doing and 9 what they were thinking. That was part -- that was part 10 of the process, wasn't it? 11 A For the 16 of us as contestants? 12 Q Correct. 13 A Yes. 14 Q So it was understood that deception and 15 half-truths among the contestants were part of the game? 16 A That was an individual decision that all of us 17 had to make. 18 Q Right. 19 A And it was a possibility, but it was -- there 20 was no guarantee that it was or wasn't going to be there. 21 Q But you knew that was going on? 22 A Did I think it was going on? 23 Q Correct. 24 A Yeah. 25 Q And you subsequently have found out for a fact 138

1 that it was going on? 2 A Yes. 3 Q Now, prior to going down to the South Sea -- 4 South China Sea, you had made some attempts at trying to 5 learn how to start a fire, hadn't you? 6 A Yes. 7 Q And you hadn't been successful? 8 A No. 9 Q That turned out to be one of the initial things 10 that -- that both tribes needed to do, was to create a 11 fire, right? 12 A Yes. 13 Q And you set yourself about trying to do? 14 A Yes. 15 Q And you told the other members of your tribe 16 that you had done this, and you knew how to start a fire, 17 you'd been successful before, correct? 18 A Yes. 19 Q All right. And that wasn't true, was it? 20 A I've started plenty of fires. 21 Q Not from scratch? 22 A Is that what I said I did? 23 Q Didn't you tell the other tribe members that you 24 were -- had previously succeeded and knew how to start a 25 fire from scratch? 139

1 A I think I've started plenty of fires from 2 scratch. That particular technique that I was using, 3 trying to rub sticks together, I've never been 4 successful. Never in my entire life have I been 5 successful. Have I been successful using flint rocks? 6 Many times. 7 Q Okay. In order to make the other members of 8 your tribe feel good and feel confident, you fudged on 9 the truth a little bit, didn't you? 10 A Sure. 11 Q Okay. And you thought that was fair? 12 A Yeah. 13 MR. WHITE: Okay. I have no further questions. 14 Thank you. 15 And for the record, we will stipulate that the 16 entirety of Mr. Been's transcript can be used in both 17 actions, both the SEG versus Stillman lawsuit as well as 18 the Stillman versus CBS, et al. lawsuit. 19 Was that quick enough? 20 MR. EDELMAN: That was good. That was good. 21 You yet points. 22 MR. WHITE: Thank you. Thank you. 23 MR. YATES: Where can we cash in those points? 24 MR. WHITE: For the record, I think I was 25 20 minutes. Half my estimate. 140

1 MR. GOLDOWITZ: I have no further questions, and 2 that concludes the questioning in SEG v. Stillman. And 3 so Mr. Yates may have some questions with respect to 4 Stillman versus CBS, et al. 5 MR. YATES: I do. Thank you. 6 7 EXAMINATION 8 BY MR. YATES: 9 Q Good afternoon, Mr. Been. We met before the 10 deposition. My name is Don Yates, and I represent 11 Stacey Stillman in both the SEG versus Stillman lawsuit 12 and the Stillman versus CBS lawsuit. I know it's been a 13 long day for you, and the nonlawyers among us are -- are 14 there -- no, there are no other nonlawyers. I know this 15 can be a long and arduous process, so I'll go as quickly 16 as I can. I just wanted to follow up on a few things. 17 As I indicated just before lunch, you have a 18 tendency to speak fairly quickly, sometimes more quickly 19 than I can listen. So if I ask you a question that's 20 been asked before, I don't mean to harass you on it, I 21 just want to be sure I have the correct answer. 22 Now, you said you got a Bachelor of 23 Religious Science degree in 1998? 24 A Religious studies, yes. 25 Q Religious studies. I'm sorry. I do, I've got 141

1 studies down here. 2 When was that; was that in June of '98? 3 A Yes. 4 Q Okay. And then from June of -- were you in 5 Wisconsin at that time? 6 A No, Seattle. 7 Q Seattle? 8 A Washington. 9 Q Okay. And did you stay in the Seattle area 10 after you graduated? 11 A Yes. 12 Q Okay. And then you went through what sounded 13 like 300 jobs from the time you graduated until you 14 applied for the Survivor show just a year and a half 15 later. Could you be a little more specific as to any 16 significant employment you had during that year and a 17 half? 18 A I don't understand. What's not significant? I 19 mean... 20 Q Well, with the amount of jobs you had, I assume 21 some of them didn't last more than a day or two, maybe 22 just be volunteering to help out a group or something 23 like that. I wondered if you had a -- an annual job that 24 you applied for and it lasted for several months or just 25 exactly what you were doing during that year and a half, 142

1 as closely as you can without getting into that much 2 detail. 3 A You know, I work with kids, so all those were -- 4 were my jobs, the way I looked at it. The one consistent 5 job that I had the entire time from after that first 6 summer that I graduated to the time I left Seattle was 7 the youth director at the church. That was a part-time 8 job, 20 hours a week. 9 Q Okay. 10 A So all the other jobs were filling in, you know. 11 Q That basically was my question, exactly. So 12 could you tell me what that church was? 13 A The name of the church? 14 Q Yes. 15 A It was Interbay -- 16 DEPOSITION OFFICER: I'm sorry? 17 THE DEPONENT: Interbay Evangelical Covenant. 18 Q BY MR. YATES: Is that inner, i-n-n-e-r? 19 A I-n-t-e-r -- 20 Q Oh. 21 A -- b-a-y, inter. 22 Q Evangelical, did you say? 23 A Yes. 24 Q And where are they located? 25 A In Seattle, Washington. 143

1 Q And what's the street address, if you remember? 2 A Oh, boy. West Dravis is the name of the street. 3 Q Could you spell that, please? 4 A D-r-a-v-i-s. As far as the number, I can't 5 remember. 6 Q And it's West Dravis Street? 7 A Yes. 8 Q And you say you -- you worked approximately 9 20 hours a week there? 10 A I got paid for 20 hours a week. 11 Q You got paid for 20 hours a week. Okay. And 12 then you volunteered some additional time for them? 13 A Yes. 14 Q And then did you volunteer for some other 15 organizations? 16 A Volunteer and pay, both. 17 Q Okay. After the Interbay Church, what was your 18 next most significant for-pay job during that period? 19 A Boys and Girls Clubs. 20 Q Okay. And how many hours a week, approximately, 21 did you work for them? 22 A In the summer I was working about 40. Both 23 summers I was out there. In -- during the year, anywhere 24 from 10 to 20 hours a week. 25 Q Okay. So would you say that besides some 144

1 miscellaneous volunteer work, most of your time, from 2 graduating from college till the time you applied to the 3 Survivor show, was between the Interbay Evangelical 4 Church and the Boys and Girls Clubs? 5 A Yeah. 6 Q Okay. Now, I didn't hear anybody explain this 7 to you when you were being told about a deposition, but I 8 do want to tell you because I've got a couple questions 9 I'm going to ask you to estimate on. I want to just tell 10 you so you're clear on what the difference between a 11 guess and an estimate is. Okay? 12 If I were to ask you to estimate how long this 13 conference table is that we're sitting at, you may not be 14 very good at estimating, but you could come up with some 15 kind of a number and tell me it's 8 feet or whatever you 16 happen to think it is. That would be an estimate. If I 17 were to ask you how long the conference table in my 18 office is, since you've never been there and you've never 19 seen that table, that would be a pure guess. 20 So I want to make sure you understand the 21 difference between a guess and an estimate. I am 22 entitled today to get your best estimate. So although 23 you may not be exactly accurate on the size of this 24 conference table or the things I'm asking you to 25 estimate, I am entitled to your best estimate. 145

1 Could you tell me your best estimate of when you 2 started working for the Evangelical Church and when you 3 left that employment? 4 A September of '98 is when I started. 5 Q Okay. 6 A October of '99 is when I left -- October 13 -- 7 or 14th was my last day. 8 Q Okay. Now, I would like to get the same date 9 range, if I could, on the Boys and Girls Clubs. 10 A As I said, I was full time for them both 11 summers. 12 Q Okay. So would that actually be the summer of 13 '98? That would precede your Evangelical work. 14 A Right. Because I was a volunteer fully at the 15 church, full time at Boys and Girls Club -- 16 Q Okay. 17 A -- and then hired as youth director part-time 18 church. And even though I was still part-time at the 19 church the next summer, I was also full time at 20 Boys and Girls Club. 21 Q Okay. And tell me what the dates constituting 22 summer were in Seattle. I live in San Diego. It's 23 summer all year round there. 24 A Yeah. It's basically June, July, and August. 25 Q Okay. 146

1 A When the kids have off, so... 2 Q So Labor Day that job pretty much ended or went 3 to part-time at the Boys and Girls Club? 4 A Yeah. Basically, during the years -- during 5 the -- the school year I was maybe what they call a sub, 6 when someone needs a fill-in to come in and work with 7 kids or maybe they need a coach for a certain season or 8 they have a program going on at a middle school for three 9 weeks that they wanted me to head up. Different -- 10 different various projects. I wasn't on your consistent 11 payroll, but I could work, you know, like I said, 12 anywhere from 10 to 20 hours a week for them. 13 Q And that would be paid? 14 A Yes. 15 Q And this is the Boys and Girls Club we're 16 talking about? 17 A Yes. 18 Q And that would be in addition to the 20 hours a 19 week, which was, again, during the nonsummer months was 20 your basic employment in Seattle? 21 A Yes. And also, like I said, I had a warehouse 22 job that I would work 20 hours a week at during -- during 23 the year also. 24 Q So you put all these part-time jobs together, 25 you got more than a full-time job? 147

1 A Yeah. 2 Q Okay. Now, could you tell me what caused you to 3 leave the employment of the Evangelical Church on 4 October 14th, 1999? 5 MR. WHITE: Object to relevance, Counsel. 6 Mr. Been's employment history may have some marginal 7 relevance for background purposes, but the reasons for 8 his departure -- he's not a party. I think it's 9 overbearing. It's also way outside the bounds of 10 relevance. We've trying to get the man out of here. 11 MR. YATES: Thank you, Counsel. 12 You can answer that, if you don't mind. 13 THE DEPONENT: My time -- my time at the church 14 was done. That was something that the Lord, through 15 prayer, had led me to believe, and also the reason I 16 stayed in Seattle was for these kids at this church 17 because I'd felt led to the church. And so once I was 18 done at the church, I was also done in Seattle. 19 Q BY MR. YATES: Okay. And did you physically 20 leave Seattle at that time? 21 A Yes. October 15th. 22 Q And did I get it right that you started driving 23 to California? 24 A I threw everything in my car, not knowing where 25 I was going, just started driving. 148

1 Q And was it from Seattle to California or -- 2 A In a roundabout way, but yeah, I eventually made 3 it to California maybe two, two and a half weeks later. 4 Q Okay. 5 A Three weeks later. 6 Q Now, I believe you said you saw an advertisement 7 for Survivor on or about December 7th; was that right? 8 A December 7th. 9 Q And you got the application done and a video 10 made? 11 A Yes. 12 Q In record time, I assume. 13 A I actually made the video in 10 minutes. By 14 myself. 15 Q By yourself? 16 A Yeah, I was on the farm by myself. 17 Q While you were living in your car, did you say? 18 A No, I -- at this point I was -- I had learned 19 that my money -- I had went and returned home for 20 Thanksgiving. That's where I learned my money was 21 stolen. Stayed home. So now I'm on the farm in 22 Wisconsin. 23 Q Oh, so you're back in Wisconsin at this time? 24 A Yes. 25 Q I'm sorry. I did have that wrong. I thought 149

1 you were in California when you saw the... So you 2 applied from Wisconsin? 3 A Yes. 4 Q Okay. And was it basically a whirlwind after 5 that? I mean you started the application process and -- 6 A My experience was kind of -- rather -- I almost 7 forgot that I applied for the show and then I got the 8 first call-back, and then I did the initial interview. 9 And then they didn't call on the day they were supposed 10 to, so I figured I did not make the next round. And they 11 ended up calling the next day, so it was very spread out. 12 And it wasn't really a whirlwind, but it was just kind of 13 spread out. And then once I flew to L.A., then things 14 kind of started happening. 15 Q Okay. Now, you said that on the last day of 16 interviewing -- I believe you mentioned there were 17 22 potential contestants at that time, and it was to be 18 whittled down to 16; is that correct? 19 A Yes, and two alternate. 20 Q Okay. Sixteen plus two? 21 A Yes. 22 Q Which means they had to eliminate four people? 23 A Yes. 24 Q Okay. And you were taken to CBS and spoke to 25 Les Moonves? 150

1 A Yes. 2 Q And was -- can you tell me exactly what that 3 looked like when you got to CBS? I mean were you all in 4 one big room or... 5 A I believe what happened is they took -- we were 6 staying in Santa Monica, and they took three groups of 7 the 22 over there, and I was in the final group of 5. 8 And what they did was they put us in a conference room 9 and we sat there. And I probably waited about two hours, 10 and had about a five-minute interview with Les Moonves 11 and the vice presidents. And it was just simply you 12 walked in and there was Les sitting in the middle next to 13 Mark Burnett and all the 15 -- or I mean all the 14 vice presidents sitting around. 15 Q About how many vice presidents were there in 16 this room? 17 A My estimate would be 15; 10 to 15. 18 Q And how did you know they were vice presidents? 19 A That's what they told us. 20 Q Did they each introduce themselves or did they 21 just introduce the group? 22 A No, just introduced Les Moonves, in fact. 23 Q So just Mr. Moonves and the boys? 24 A Right. 25 MR. WHITE: And girls. 151

1 THE DEPONENT: And girls. 2 Q BY MR. YATES: And girls. And I'm so sorry, 3 but you didn't actually get to know any of them or none 4 of them told you who they were except for this group 5 interview -- or this group introduction, I mean? 6 A Right. 7 Q Okay. Very quickly. I was a little confused 8 when you were talking about leaving your Bible on the 9 island on the night that you got voted off. I -- I 10 thought I heard you say that one of the reasons you left 11 it was you didn't think you were getting voted off, but 12 another reason you left it was because if you were voted 13 off, you thought the other people left on the island 14 could put it to some good use. 15 A Uh-huh. 16 Q Did I get both of those correct? 17 A On the island you had the reality that, yeah, 18 anybody can go, and that was -- that was a reality. So 19 the -- there was a chance that I could go. Did I 20 believe, did I think for a minute that that night I was 21 going to be voted off? No. When I went to pack -- now, 22 I had not packed any of my other stuff, my clothes or 23 anything for any of the previous tribal councils. In 24 fact the only thing I had taken with me was my Bible, but 25 for whatever reason, and I really don't even recall why, 152

1 I just started packing my clothes with everyone else. 2 Just -- I think just to do it just for something to do. 3 And then I went to pack the Bible, and that's 4 when I felt like the Lord said hey, why don't you just 5 leave it just in case. And when I -- and that -- because 6 out there the Bible had become very important to me. It 7 was a big source of strength. It was my only source of 8 strength out there. And so for me to leave my Bible 9 behind was a big thing. But I also knew well, hey, I'm 10 coming back. In my head I knew. I didn't know that for 11 sure, but that's what I thought. That's what I believed, 12 that I was coming back. So it was -- it was okay for me 13 to put down the Bible, knowing that I would most likely 14 would be back. 15 Q I think -- I think what's missing for me is I 16 want you to finish the message you got from God or 17 whoever you got the message from that said just in case. 18 Just in case what? 19 A Just in case you get voted off tonight and you 20 don't come back, leave the Bible here -- 21 Q Okay. 22 A -- for those that may need it down the road. 23 Q That was where I was confused. Thank you for 24 straightening that out. 25 Now, you had been -- on the night that you got 153

1 voted off, it was the third time you had been to tribal 2 council; is that right? 3 A Yes. 4 Q And did you have basically -- besides leaving 5 your Bible or packing or not packing, did you have 6 basically the same feeling every time you went to tribal 7 council, that you weren't going to be the one to be voted 8 off? 9 A Yes. 10 Q And was that just positive thinking or had you 11 spoken to anybody about who they were voting for? Did 12 you have an idea, for instance, the first night that 13 Sonja was going to be the one voted off? I mean what 14 were your feelings of not -- your not being the one? 15 What were they based on? 16 A First of all, confidence in myself and who I am, 17 and then in just human nature that people would do what 18 was right. And that I -- and the fact knowing that I had 19 done nothing but serve those around me, do anything I 20 could to be helpful to the tribe and be an integral part 21 of what -- of surviving. And so if any basis in my mind 22 that I could see voting somebody off, I knew that I had 23 not fit that criteria, but that was just my criteria, you 24 know. That was just my line of thinking, that why would 25 somebody -- why -- I -- I gave nobody a reason to vote me 154

1 off. 2 Q Okay. Well, that's -- that's interesting, then. 3 So you would say that for all three tribal councils your 4 thinking about your chance of being voted off was almost 5 identical? 6 A I'm sorry. Repeat that. 7 Q Okay. You went to three separate tribal 8 councils. You said that each and every time you went you 9 had a strong feeling that you were not going to be the 10 one voted off. That wasn't based on the fact that the 11 first week you knew one thing, the next time it was 12 something different. I mean your feeling was basically 13 the same, is that I'm a good person, I'm doing my job, 14 and I'm doing what needs to be done and there's no reason 15 for anybody to vote me off? 16 A Yes. 17 Q And that was the same all three weeks? 18 A Yes. 19 Q Okay. I believe you stated that you consider 20 the other 15 Survivor contestants like your family. 21 A Yes. 22 Q And you considered that they'll be friends for 23 life? 24 A Yes. 25 Q Do you know who voted you off on that third 155

1 tribal council? 2 A Yes. 3 Q Is your feeling different about any of them 4 because of the fact that they voted you off than it would 5 be about any other tribe member? 6 A I would be lying if I -- if I'd say, you know, 7 that it wasn't in the back of my mind, even though if 8 some of the -- some of the people I don't enjoy to be 9 with and so it's easy to be like, well, they voted me 10 off. But I still care about them as a person and I'm 11 thankful to be part of their life. 12 And then there's other people, you know, like 13 Kelly, like I love hanging out with her, but it 14 sometimes -- we joke about it. It'd be like well, why'd, 15 you know -- but you still get, you know -- so it's -- 16 yeah, it's always there, but it doesn't influence how I 17 feel towards that person. 18 Q Am I correct from what you just said that there 19 were some people that had nothing to do with voting you 20 off that you just don't get along with that well or you 21 don't feel as close to as you do some of the other 22 people, like perhaps Kelly, that actually did vote you 23 off, and you just like her as a person and you consider 24 yourself a good friend of hers? 25 A I think I said I consider everyone good friends, 156

1 but -- but yeah, there are people that I am closer to 2 and -- and enjoy hanging out with on a certain level 3 and -- you know, just socially more than others. 4 Q And that enjoyment or social intercourse is not 5 affected in your mind as much by the fact that they voted 6 you off as just by who they are and who you are and what 7 you have in common? 8 A Yeah. 9 Q Okay. Do you know who voted against you? 10 A Yes. 11 Q Can you tell me who they were? 12 A Kelly Wiglesworth, Susan Hawk, Rudy Boesch, and 13 Richard Hatch. 14 Q Thank you. 15 How do you feel about Richard Hatch? 16 MR. EDELMAN: What's -- Counsel, what's the 17 relevance of his personal feelings towards everybody? It 18 seems a bit intrusive. 19 MR. WHITE: I'll object on the same basis. 20 Q BY MR. YATES: If you feel it's intrusive, 21 there's no reason to answer the question. 22 A Okay. I'd just rather not answer. 23 MR. YATES: Okay. Just for the record, I asked 24 him how he felt about people that voted him off, so I was 25 just going to go through the people, but that's no 157

1 problem. 2 MR. EDELMAN: Yeah, I think it would be 3 uncomfortable. 4 Q BY MR. YATES: You were taken to the main island 5 and the Magellan Hotel after you were voted off the 6 island; is that right? 7 A The next morning, yeah. 8 Q The next morning. 9 And what was your understanding about your 10 obligation, if in fact there was any, to stay in the 11 South Pacific after you were voted off, but before the 12 show ended taping? 13 A What was my understanding? 14 Q Yes. 15 A I guess I really didn't have an understanding. 16 I knew that if you made the top 9, I believe it was -- is 17 that right? -- or top 11 -- is that correct? -- then you 18 had to stay, because the final 7 needed to be there 19 for -- to vote the winner -- or is that -- no, 9, I'm 20 sorry. So the top 9, yeah, so you had -- you would have 21 no choice. 22 But besides that, I really didn't know. You 23 know, I didn't -- I had no idea. I just assumed that I 24 would be around a lot longer, and never -- never once 25 pictured myself leaving the island so early, so I never 158

1 asked any questions about that. 2 Q Did anybody have a conversation with you after 3 you were voted off regarding the possibility of your 4 staying until the taping was over? 5 A Yes. 6 Q And who would that have been? 7 A The initial person to tell me was Ros from -- 8 she was kind of liaison between production and 9 contestants. And she had said Mark said you can stay for 10 five days, that -- that, you know, that we'll pay for, 11 but you're welcome to stay as long as you'd like, you 12 know. And here's -- here's the prices of the room. You 13 know, you can do whenever you want. You can travel, you 14 know, or you can just go home and we have a ticket for 15 you. 16 And that's -- that was the first time that there 17 had really been a discussion about it. That was probably 18 the first day I was back, the first or second day that I 19 was back in the hotel. And then -- then I made my 20 decision from there -- just sitting there the next couple 21 days just thinking about everything, I made my decision 22 that I would go back as soon as they would stop paying 23 for my meals and room. And then that's when -- and I 24 informed Rosslynn of that, and, you know, she asked me 25 why, and we discussed that. 159

1 And then she had came back to me and said well, 2 you know, Mark would really -- you know, he asked me to 3 talk to you, and he'd really rather have you stay. And 4 at that time I said well, then, you know, I'll stay as 5 long as it's paid for. And Rosslynn -- that was pretty 6 much the end of the conversation. And -- but my mind had 7 been made up just simply because financially, you know, I 8 left the States with zero dollars, didn't win nearly as 9 much as I thought I was, and needed all that money that I 10 had won for -- to pay off college loans and other debts 11 that had incurred. 12 So I didn't -- I was not going to spend any of 13 my own money that I even didn't have -- that I didn't 14 even have yet to stay there, and I made that clear. And 15 that's when Mark -- Mark came back from the island for a 16 break to -- his family had just flown into town, and we 17 ran into each other a couple times. And he had said I 18 can give you an advance on the money. I can do whatever 19 you need, but I'd really like you to stay. You can 20 travel. You'll live like a king. 21 Q At your own expense? 22 A Right. At my own expense. So he was going to 23 advance me the money that I had won from the show, some 24 of the money so I could afford it, but he just -- he was 25 pretty insistent upon me staying. And we had that 160

1 conversation two or three times. 2 Q Was there any discussion about giving away the 3 fact that you were voted off early if you were to return 4 home before taping ended? 5 A Between me and Mark or... 6 Q Between you and anybody. 7 A Yeah. 8 Q Tell me about that conversation, who it was 9 with. 10 A I remember distinctly me and Joel, being the 11 contestant that was voted off after me, discussing that 12 and -- and just ways that we just really needed to be 13 careful. And Joel wasn't even going to use his credit 14 cards so that way no one could check his account and 15 maybe understand -- see that he's spending money on a 16 credit card when he's supposed to be on the island. 17 And we were all very conscious about it. And we 18 knew that it was something that we needed -- needed to be 19 conscious about it -- about. And so I believe I 20 discussed that with Ros a couple times, just -- you know, 21 just going home and keeping a low profile and staying out 22 of -- out of light's way, I guess. 23 Q Well, Joel was a fellow contestant. Was there 24 anybody from CBS or Survivor Entertainment that was -- 25 that seemed to be concerned about this or discussed 161

1 concerns with you about this? 2 A Well, there's no -- yeah, Rosslynn, the lady, 3 she, you know, was like well, you know, you need to keep 4 a low profile. And then, you know -- I was assuming that 5 was -- and this is just my assumption, but that was 6 Mark's motivation. 7 Q Did -- did anyone ever discuss with you the fact 8 that there was some press about BeBe returning home 9 early? 10 A No. 11 Q Okay. Now, that first night that you were at 12 the Magellan Hotel you said that you met with Rosslynn, 13 camera crew, psychologists, Stacey, and I believe you 14 mentioned some others. Again, you were going a little 15 too fast for me. I want to know exactly who was at that 16 dinner. 17 A The names I can remember would have been Ramona 18 and Stacey, two other contestants, Rosslynn and at that 19 time her fiance, now her husband, which I believe his 20 name is Jordon. Is that right? 21 Q Do you know Rosslynn's last name? 22 A Taylor. Well, that was before she got married. 23 I don't know now. Randall, a cameraman. I can't 24 remember the psychologist's name right off the top of my 25 head. 162

1 Q But it was the psychologist that was on the 2 island working for Survivor; is that right? 3 A Yes. Yes. A couple members from the art 4 department of the show. Randall's sound -- sound guy. 5 That's all I can remember off the top of my head. 6 Q Okay. I believe you said that a camera crew and 7 at least one of the producers would come around 8 periodically, I don't remember if you said every day or 9 not, and talk to you on camera about who you were 10 thinking about voting off and things like that. Did I 11 get that right? Was it every day or... 12 A Yes. There were two field producers, and there 13 was always a field producer with you on the island with 14 your tribe. And those were the ones that they'd have 15 12 hours on and then 12 hours off and the other one would 16 come in and they'd switch off. And those were the ones 17 that were responsible not only for, you know, leading 18 their cameramen and sound guys, making sure they're in 19 the right spots getting the right shots, but also leading 20 us to -- when we have to leave for tribal council, when 21 we have to leave for immunity challenge, things like 22 that. 23 Q Okay. So when you said they'd switch off, do 24 you mean that you'd have one field producer with you for 25 12 hours and then another field producer or -- 163

1 A Yes. So there were two for each tribe -- 2 Q Okay. 3 A -- while there were still tribes, and then they 4 would take you -- I mean it could happen as many times as 5 they wanted during the day. So if something happened 6 where there was an argument, the field producer would 7 grab you, Dirk, can I get a quick interview? And then 8 they'd pull you to the side and they may ask you, Dirk, 9 how do you feel about this person? What are you arguing 10 about? What's -- what's going on? 11 And then, you know -- but it at least happened 12 once a day. If it was a slow day maybe they'd just pull 13 you off, Dirk -- you know, and this is my experience -- 14 Dirk, what's going on between you and Kelly? Dirk, who 15 are you thinking about voting off? Dirk, what do -- and 16 some -- you know, they'd go through the list. Dirk, what 17 do you think of this person, what do you think of this 18 person, what do you think of this person, and they'd ask 19 you -- but it happened every day. 20 Q Did anybody tell you what the purpose of those 21 little vignettes were? 22 A No. 23 Q Did you come to any assumption as to what they 24 were going to be used for? 25 A I assumed they were just getting the footage so 164

1 when the show was airing they -- they would also, you 2 know, be splicing in our thoughts and what we were 3 thinking and how we were feeling. 4 Q And you were voted off before the tribes merged; 5 is that right? 6 A Yes. 7 Q So during your 15 days on the island, was it 8 always the same two field producers? 9 A Yes. 10 Q Okay. And do you remember their names? 11 A Maria -- or Marie, I'm sorry. Boy, this other 12 guy was bad luck, so we were always trying to forget 13 him. What was his name? I can't remember his name. 14 Q Would it refresh your recollection if I said 15 Tom Shelley? 16 A Yes. 17 Q Is that him? 18 A Yes. 19 Q And why did you think Tom Shelley was bad luck? 20 A Not only were they switching out every 12 hours, 21 but then they'd go three days, one would be there during 22 the day, and then the other three days the other would be 23 there during the day. Every three days that Tom was with 24 us we lost in the immunity challenge. Every day Maria 25 was -- or Marie was with us we won the immunity 165

1 challenge. 2 Q Now, when they were asking you every day who you 3 were thinking about voting off, I mean was your answer 4 the same every day or did you change from one day to the 5 next? 6 A I think I generally stayed pretty -- pretty much 7 the same because I was always focused on what's best for 8 the tribe. And -- so there were, you know -- from the 9 very beginning there were people that were already 10 physically weaker than -- than others, so generally, you 11 know, in this -- generally, no matter -- you know, there 12 were some very annoying people, but I also knew that they 13 were doing a lot to help out the tribe. And I can always 14 put up with an annoying person if they're going to help 15 me survive -- 16 Q Right. 17 A -- a little bit longer. So there were a couple 18 general people that from the very beginning I thought 19 maybe were a detriment as far as physically being able to 20 help the tribe survive, so those were generally, in my 21 experience, the first, you know, three people that I 22 would have voted off. 23 Q Which would have been Rudy and Sonja? 24 A Rudy and Sonja, yes. 25 Q Now, I want to get specifically to this 166

1 conversation that you had with Mark Burnett on Day 9. I 2 believe you said it was after you had just finished doing 3 the immunity challenge. 4 A Yes. 5 Q And you as well as the rest of your tribe were 6 exhausted. 7 A Yes. 8 Q And was this on the sand spit? 9 A No. 10 Q But it was on some part of the island that they 11 had this immunity challenge? 12 A Right. 13 Q And was it normal operating procedure to stay 14 around the immunity challenge area after the change was 15 done? 16 A There was always a certain amount of time simply 17 because of the technical aspect of getting all the shots 18 they needed. Then the competition would be over and 19 they'd always want to get some extra shots of the tribe 20 celebrating, the tribe that won. And then it was always 21 a matter of time just when our boat could get us there to 22 pick us up to take us back wherever we needed to go. 23 So while I was on the island never was there a 24 challenge on our side of the beach on our part of the 25 island. So a boat always had to -- we either had to hike 167

1 to it or a boat always had to pick us up and take us to 2 it. So there was always a little bit of lag time there. 3 And if you won, you would stick around for quite awhile 4 because they'd film you celebrating and holding immunity 5 tribal. If you lost, generally -- I mean I don't know 6 an estimate. You know, there was anywhere from 10 to 20, 7 25 minutes where you're waiting for your boat to pick you 8 up and take you back. 9 Q But for the losers it wasn't necessarily a 10 filming time -- 11 A No. 12 Q -- it was just -- 13 A You were generally just sitting there waiting. 14 Q And was it during this waiting time -- was it 15 about 25 minutes on Day 9? 16 A You know, I really have no estimate. That was 17 such -- that was such a physically exhausting challenge, 18 and we were all scratched up and bruised up from running 19 through the jungle, that I just remember all of us being 20 upset about the fact that we had lost. And we were very 21 tired and we're going to have to go to tribal challenge, 22 and we just -- I just -- I really don't have any clue how 23 long I sat there. 24 Q Okay. Eliminating from my question my asking 25 you for an estimate of time, was the period not -- was 168

1 the period typical of what you did after all the 2 challenges? If you lost, you were sitting around waiting 3 to get your boat out of there or whatever? 4 A Yes. 5 Q And it was during this period that Mark Burnett 6 approached you? 7 A Yes. 8 Q Okay. Did he take you aside? Did he move you 9 somewhere or were you just sitting by yourself anyway? 10 A I believe I was standing by myself. 11 Q Okay. And did he just walk up to you? 12 A Yes. 13 Q Okay. And how did the conversation start? What 14 did he say? What did you say? 15 A Mark's a very friendly guy. I can't remember 16 exact words verbatim, but he just approached me as he 17 always does, very -- very friendly, very laid back. You 18 know, he -- it wasn't like he was some dictator running 19 the show. He was -- you know, he made him feel that he 20 was one of us. 21 And just approached me and said, you know, 22 basically, hey, tough -- you know, tough luck. You guys 23 lost. You know, I thought you guys would have got this 24 one. You know, I know, you know, this -- you know, just 25 kind of a heads up, Rudy's going to be a lot more 169

1 important in the future and you're going to need him -- 2 Q Excuse me. Was heads up his word or -- 3 A I -- I -- you know, I -- 4 Q No, I know you're not giving me an exact quote, 5 but I mean is that something -- I'm just wondering if 6 that was your -- your characterization of what he was 7 about to say or if he was characterizing it as a heads 8 up. 9 A The feel I got from him, like I said, is -- is 10 he made it like -- he always made it off like he was one 11 of us, and so the feel of the conversation was I'm here 12 to clue you in, to give you a little tip to help you out 13 to, you know -- just as a buddy to buddy. 14 Q Almost like a consolation prize. You just lost, 15 but here's how you can win next time? 16 MR. WHITE: Objection. Leading. And also 17 ambiguous. There's no consolation prize. 18 Q BY MR. YATES: Did you have a feeling why you 19 were getting this type of information at this time? 20 MR. WHITE: Objection. It's asking for this 21 witness to speculate, and also that specific subject has 22 been asked and answered previously. 23 Q BY MR. YATES: How did this conversation make 24 you feel at the time it was taking place? 25 A There was the overhanging question of why. Why 170

1 would he be telling me this. But there was also the fact 2 that this -- this is big information, and so that was -- 3 that was more -- instead of asking the question why, I 4 was thinking about well, what did he say what he said. 5 He said okay, we need Rudy around. Vote -- you know, 6 form an alliance to vote Stacey off. 7 Yeah, that's weird that he would come say that 8 to me, but he's also the guy that knows everything, so I 9 better take that seriously. And I was trying to focus 10 and think about that. And like I said, it wasn't a long 11 conversation. It was only five minutes, so I -- you 12 know, and then he turned. 13 And, again, I was questioning why, and that's 14 why I watched him as he walked over to Sean, and watched 15 that conversation. And it appeared to me at that point 16 they were having the same conversation, even though I 17 could not hear them, you know, I could hear nothing that 18 they were saying. It appeared to me -- and it was about 19 the same length of time and... 20 Q Other than it being the same length of time, 21 what else did you observe that made it seem to you like 22 it was the same conversation? 23 A He had the same attitude he had with me, as 24 maybe hey, I'm a friend coming over to help another 25 friend out, and that's why -- 171

1 Q Tell me -- tell me how without hearing anything, 2 you said, how you got the impression that it was the same 3 attitude? 4 A Just the way he walked over there and he stood 5 and just things he was doing with his hands. And just 6 everything about it just said to me that he's -- without 7 being able to hear the words, and I could have been 8 completely wrong, but at that point I would have said he 9 had the exact same conversation that he had with me. 10 Q Did Mark Burnett offer any reason or explanation 11 for why he was suggesting you vote Stacey off? 12 A No. 13 Q Did you ask for any reason why Stacey? 14 A No. Only in -- only there was just the 15 comparative sense that hey, Rudy's skills are going to be 16 more important than Stacey's. 17 Q But Rudy's skills could have been more important 18 than lots of other survivors? 19 A Right. So why he singled her out, I don't know, 20 but just the fact that -- that -- that -- that it wasn't 21 like -- it wasn't a conversation where he said Rudy's 22 skills -- it wasn't a conversation like hey, Rudy's 23 skills are going to be important. Think about voting 24 someone else off. It was very specific that Stacey was 25 the one. 172

1 Q And at that point in time, for whatever 2 reason -- I think you've talked about your reasons, that 3 it seemed like very important information. He seemed 4 like he knew everything. But for whatever reason, you 5 didn't think to question his choice of Stacey as the 6 alternate? 7 A The question was there, but to focus was hard, 8 and you had to pick what you were going to focus on. And 9 the tribal council was coming, and if there was going to 10 be an action, it had to be done quickly. And so I 11 basically had to make a decision was this something I'm 12 going to buy into or is this something that, you know, 13 I'm going to disclaim and -- and I made the decision that 14 yes, that's good advice and I will listen to that. 15 Q I believe at some other point in time you said 16 that Mark Burnett and Craig would come around and give 17 little tips on information of some type, like the other 18 tribe is in trouble or something like that. Can you be 19 more specific? How many of those -- I don't know if you 20 call them conversations or speeches. I don't know if 21 there was any interchange between you and them, but I 22 mean how often would that happen and... 23 A That was almost a daily thing. So, again, 24 Mark -- you'd see their boat pulling up, and there would 25 be a time we were all sitting at the beach and Mark and 173

1 Craig would come out and, again, it's very buddy-buddy. 2 I believe, again, Maynard was even there for one of 3 those, the vice president was -- he was on the island for 4 the first week or so, and he was president, one of those. 5 But there was never -- that was a time when there was 6 never any camera crews around, never any sound people 7 around. It was just the castaways and the two of us, the 8 three of us, whoever came in that group. 9 And they would generally be smoking Cuban cigars 10 and joking and laughing, and it was very chum-chum, how 11 you guys doing. Oh, yeah, we're on the other side 12 enjoying steaks, and a lot of it was, you know, just -- 13 you know, very -- but not -- again, but almost -- but 14 again, in the same sense like they were -- they were one 15 of us and they were going through a lot of the same stuff 16 we were. 17 And oh, yeah, by the way, man, that other 18 tribe -- early on in the conversation the other tribe is 19 so lazy. He would call them -- Mark would call them MTV, 20 spring break, or beach party because they would just be 21 over there throwing the Frisbee or whatever. And he said 22 you guys -- you guys are so much more serious and you 23 guys are doing this and that, and it's -- you know, your 24 camp is so much better and you've got this kitchen and 25 this shelter to sleep in and you've got this living room. 174

1 And he would always be remarking on the 2 differences of the work ethic that we had, and just how 3 much more, you know, serious we were taking things and -- 4 you know, again, little tips. Have you caught any fish 5 yet? No. Why not? Because, you know -- don't you know 6 full moon, night, reef, you know, always thrown out. Oh, 7 this, that. If you use a lantern, you know, the fish 8 will come up to the top at night. Different specific 9 things, you know, that he would just kind of throw out 10 there as kind of little chips, you know, and you just 11 kind of grabbed onto. 12 And then oh, you know, he'd always -- to me he 13 would always be making specific comments. I believe due 14 to -- I don't know due to what, whether it was the way I 15 act or the way I dress, but that I was always trying to 16 act a certain way or be a certain type of personality and 17 he always called me the gangster farmer. And he always 18 made the same joke every day, and it got very annoying 19 and it wasn't funny. But he continually made the same 20 joke with me. And he kind of did that with everybody. 21 Kind of had a little joke with everybody. 22 Kind of always made fun of the fact that Rudy 23 was using the word "queer" around a gay guy or a gay 24 male, you know, and he'd get Rich -- he'd get on Rich 25 about sitting up in the tree the first day and not doing 175

1 anything. He kind of -- he kind of would pick on 2 everybody. Kind of had that little joke with everybody, 3 I think. That was -- that was very common. That was -- 4 that was kind of what he would do. 5 And he would hang out. I mean he'd walk around, 6 look at the camp, check people out. Or how you feeling? 7 Are you injured? Oh, let me see that. You know, I had a 8 rash on my arm. Oh, wow, yeah, that's bad. Look at 9 these blisters. Hey, did you know there are real pirates 10 out in the sea? You know, I had no idea there were 11 pirates in the South China Sea till one day he came over 12 and mentioned that. And I was joke -- and I thought he 13 was joking. I laughed at him. 14 He looked at me, "You think I'm joking?" And 15 I -- and he went on to tell me a story, an experience 16 that had happened with -- you know, with some pirates out 17 there, whatever. Just different things like that. Very 18 casual. Very, like I said, laid back. Mark was not -- 19 to us, to the 16 of us, Mark was nothing but a friend, it 20 appeared. 21 Q Did you feel Mark was favoring your tribe over 22 the other one? 23 A It would certainly make you wonder why -- why is 24 he doing this, you know. And you -- you began -- you 25 began to think well, he can't -- you know, you -- you 176

1 thought wow, you know, he just told us that someone was 2 sick or that -- you know, so -- so you think he's helping 3 us out. But then you begin to think well, he must be 4 doing it for both of us. You know, he must -- maybe he's 5 going over to the other tribe, doing that same thing, 6 saying the same things about us. Trying -- maybe trying 7 to get -- we started thinking well, maybe is he trying to 8 get us fired up. Maybe -- maybe he's trying to spread -- 9 trying to get us more excited to compete against them 10 more. We didn't know what his strategy was. You know, 11 we can only assume. 12 Q Now, you said he talked to the -- to the entire 13 tribe. What if the whole tribe wasn't there? Did he 14 gather people together or was it just whoever happened to 15 be there? 16 A He would just come up. And early on in the 17 beginning everyone would come around, you know, and kind 18 of gather around, and -- and that probably -- that 19 generally happened. But then after awhile, after Mark 20 would joke around, everyone -- maybe a couple people may 21 go over here, over to kind of the living area, maybe a 22 couple people go into the kitchen, and Mark would just 23 kind of walk around. And sometimes, you know, I'd walk 24 away and come back and he'd still be there, you know. 25 It was -- it was a very casual thing. It 177

1 wasn't -- you know, it wasn't a town meeting where oh, 2 everybody come here or anything like that. But when Mark 3 would come, you would always take notice because here's 4 Mark Burnett, the producer of the show, and that always 5 meant something. That always -- well, okay. You know, 6 so you'd always kind of let's see what's going on type 7 thing. 8 Q Well, you say it always meant something, did it 9 mean that something significant was going to happen or 10 did it just mean that it was a chance to get some 11 information that may be helpful? 12 A That, and the fact that it was a break, you 13 know, and camera crews weren't around and you were able 14 to laugh and joke, and it was almost like normal life for 15 a second with somebody that was outside of the game. 16 Even though Mark was living on the island, he was with us 17 every day and you made him feel like he was one of you, 18 it was almost like -- you know, because the reality was 19 it was only supposed to be the 16 of us, but now here's 20 another couple guys come in, laugh, joke, so it was 21 almost a break from the intensity of the game. 22 Q Now, it was my understanding you were supposed 23 to be being filmed 24/7. What happened? Were the camera 24 crew sent away when Mark would visit? 25 A It was not something I noticed at the time, and 178

1 I never had been -- never seen like the camera crews go 2 away or never heard anybody tell them to go anywhere. It 3 was just something that occurred to me after the fact -- 4 after I began -- you know, that night I was sitting 5 there, and as I started thinking about things in the 6 month to come, that it was funny there was never a camera 7 crew around when, you know -- and there were always times 8 where they had to go change their film, they had to go 9 change batteries. 10 And they worked on a schedule, so you knew when 11 the new crew would come in and when the old crew would 12 leave. So you had maybe 20, 30 minutes where you weren't 13 going to filmed, so -- you never knew. There always 14 could have been hidden microphones around, so if you said 15 something that they wanted to get on tape, then they may 16 come running out and try to get you to say it again and 17 film it. But there were -- there were definitely moments 18 where cameras weren't on. 19 Q Did you ever see anybody on the island that was 20 identified to you as the standards and practices person? 21 A No. 22 Q Do you know what standards and practices people 23 are? 24 A No. 25 THE VIDEOGRAPHER: Excuse me, Counsel, do we 179

1 have time to change the tapes real quick? 2 MR. YATES: If you need to change a tape, you've 3 got the time. 4 THE VIDEOGRAPHER: We're off the record, 5 2:34 p.m. 6 (Brief recess.) 7 THE VIDEOGRAPHER: This marks the beginning of 8 Tape No. 3 in the deposition of Dirk Been. We're back on 9 the record, 2:43 p.m. 10 Q BY MR. YATES: Okay. Thank you. I believe we 11 were talking about voting and other votes that you had 12 anticipated casting. Is it your testimony that your 13 decision, taking aside Day 9 and -- well, I think we've 14 pretty well covered what happened on Day 9 and the vote 15 for Stacey -- but other than that, your voting decisions 16 were pretty much made independently and you didn't, as a 17 general rule, discuss them with the other tribe members; 18 is that right? 19 A Yes. 20 Q Okay. Were you aware of other tribe members 21 discussing their votes together? 22 A I assume it was going on. I did not know for 23 sure. 24 Q Were you aware of what's been referred to as an 25 alliance between Rich and Rudy and Kelly and Sue? 180

1 A While I was on the island? 2 Q Yes. 3 A No. 4 Q So this -- do you now know that there was 5 something like that going on while you were on the 6 island? 7 A Yes. 8 Q But it was just something that you weren't aware 9 of? 10 A Right. 11 Q And did you ever try to form an alliance with 12 anybody while you were on the island? 13 A No. 14 Q Did anybody try to form an alliance with you? 15 A No. 16 Q You talked about a production crew member 17 telling you that he had heard some things that Mark and 18 Craig had been talking about -- 19 A Yes. 20 Q -- do you recall that? 21 A Yes. 22 Q Who was that production crew member? 23 A I don't know his name. I didn't see him -- I 24 haven't seen him again. He was in charge of the 25 lighting, I believe is what we called the framework 181

1 that's built over the tribal council that held the 2 lighting, so that he was -- I know that he told me about 3 all these other concert tours he'd been on and he did 4 that for and he was doing this for the show. So he had 5 his own crew and he was the one that built that. 6 Q Did you have some sense as to why he was sharing 7 this information with you? 8 A No, I don't. He obviously had been drinking and 9 we -- he just came out of nowhere. Where we were at was 10 on the production side of the island, but off to the 11 side, so I never really saw the production camp or their 12 facilities or anything like that. And we were kind of 13 off to the side on our own, and he kind of came out of 14 nowhere. It was very late at night, came up and started 15 talking, and we just started talking about everything, 16 and somehow it came out in the course of maybe an 17 hour-long conversation. 18 Q Now, when was this in time? 19 A Somewhere in the middle or the early morning 20 after I got voted off. You do your confessional and then 21 they take you to this little area. There's a picnic 22 table. There's a tent. There's some bathrooms. They 23 bring you food, you eat, talk. Everybody else went to 24 bed, so now it's now 1, 2, 3 o'clock in the morning. 25 Q So this is still on the island? 182

1 A Right. 2 Q Where the Survivor took place? 3 A Right. 4 Q Not where the Magellan Hotel is? 5 A Correct. 6 Q And it was just a very temporary time that you 7 were there waiting for your transportation out? 8 A Yes. 9 Q Okay. Now, was this production crew member 10 somebody that you had had anything to do with before this 11 incident? 12 A No. 13 Q Not one of the regular people filming you? 14 A No, I had never seen him before. 15 Q Okay. Could you recognize him if you saw him 16 again? 17 A He's very distinguishable, and bald, mustache, 18 full of tattoos. 19 Q Now, I believe one of the things you said that 20 he revealed to you was that he heard a conversation about 21 putting fish in the traps? 22 A Yes. 23 Q Was it your understanding at that time that that 24 had actually been done or that it had just been 25 discussed? 183

1 MR. WHITE: Asked and answered. He said it was 2 discussed and never done. 3 Q BY MR. YATES: You can answer the question 4 again. 5 A Yes, it was discussed and planned on doing, but 6 it did -- it never did happen. That's what he told me. 7 Q Now, you gave us three things, I believe. I 8 wrote down three things. Possibly putting fish in the 9 traps, putting the tapioca plants and sugar cane on the 10 island. Was there anything else in this hour-long 11 discussion that he told you about that -- 12 A Specifically, no. 13 Q How about generally? 14 A No. 15 Q I believe you said that it occurred to you at 16 this point that not everything was reality on the island. 17 A Yes. 18 Q And that this was not the game that you'd signed 19 up for. 20 A Are you quoting me? 21 Q I'm trying to. 22 A From what I said today? 23 Q Yes. It's just the notes I made, but they may 24 not be accurate. If they're not, you can correct me. 25 A Well, I think that's in essence of, yeah, what I 184

1 tried to say. I might have said that. 2 Q Okay. So if -- if what we just described wasn't 3 the game you signed up for, I'm asking you to describe 4 the game you thought you signed up for. 5 A I thought that I was a contestant in a game show 6 in which every three days someone would be voted off, and 7 the last person standing would win a million dollars, and 8 everybody had -- it was completely up to the individual. 9 Everybody had an equal shot, and that it was simply you 10 versus nature, yourself, and the other contestants. 11 Q Sitting here today do you think, knowing what 12 you know now, that you ever had a chance to win this 13 game? 14 A From any point? I mean what... 15 Q Yes. 16 A Yes, I had a chance to win the game. 17 Q And what would that chance have been? 18 A Are you asking for percentages? 19 Q No, I -- I mean -- it seems to me -- and I'm not 20 trying to put words in your mouth, but it seems to me 21 that you're saying that -- 22 MR. WHITE: Excuse me. Now you are putting 23 words in his mouth, that very form -- 24 MR. YATES: Okay. I'm quoting him, then. You 25 said that this wasn't the game you signed up for, things 185

1 weren't reality, and that the only way that you were 2 going to get to win or anybody was going to get to win 3 was to be friends with Mark Burnett. 4 MR. WHITE: That's not the testimony. 5 MR. EDELMAN: I don't think he said that. I 6 think you're -- 7 MR. WHITE: You are now mischaracterizing his 8 testimony and trying to put words in his mouth. 9 MR. EDELMAN: In any event, whatever he said, he 10 said, and it's on the record, so -- 11 MR. YATES: Right. 12 MR. EDELMAN: -- so let's just move on to the 13 next question. 14 Q BY MR. YATES: Okay. So the next question is, 15 then, knowing everything that you know, sitting here 16 today, what do you think would have had to be different 17 for you to win this game? 18 A I don't know. I -- again, we were never 19 informed on what -- on Mark being involved at all and the 20 level of influence that I felt that he had. We were 21 never -- it was never -- no one ever said to me that I 22 needed to impress a producer, so he -- you know, he would 23 work in your behalf to keep you around longer. So I 24 didn't know what -- if -- if -- that's my belief, that he 25 had certain criteria. What those were, I don't know. 186

1 Q But do you believe that it would have been 2 necessary for you to, quote, unquote, impress the 3 producer in order to have had a better chance to win this 4 game? 5 A Of course. If -- if -- yeah, if he wanted to 6 keep me around, you know, then he would have worked in my 7 behalf as maybe I believe he worked in Richard -- or Rudy 8 Boesch's behalf. 9 Q Now, at one point in your deposition you said 10 that the 16 of you had done everything that you had been 11 asked to do. What -- what did you consider that you had 12 been asked to do, generally? 13 A Well, again, I guess looking at that same -- I'm 14 speaking for the other 15, which I can't do, but to my 15 knowledge we had all been -- we had all been through this 16 interview process, been very open and honest about 17 everything, allowed them to do criminal backgrounds, test 18 us psychologically. We went through a lot to make the 19 show. 20 We had to sign -- or to be cast for the show, 21 and then we had to sign a very thick contract with a lot 22 of -- you know, really signing over our image, our name, 23 a lot of things for the use of this show. And there were 24 certain things that they had asked. You know, don't -- 25 would it have been possible for me to sneak food on the 187

1 island? I think so. Would it have been possible for me 2 to, you know, sneak matches on the island or sneak a 3 knife? I know I could have. There's no doubt in my 4 mind. Was that ever even a temptation? No. 5 I was there. They had done me the favor, the 6 honor of casting me for something as awesome as this. We 7 all knew it had potential to be a great show. We all 8 knew -- and for me it was a dream come true to be part of 9 it. I didn't want one -- one inch of it to be tainted. 10 I wanted it, you know -- so if they were going to ask me 11 to shave, you know, my sideburns and my goatee for health 12 reasons, then I was going to do that. But then when, you 13 know -- and I wasn't going to ask questions. And then 14 when Richard Hatch shows up the first day with a full 15 beard, you know, then I have a question. 16 But again, they -- anything they asked me to do 17 I was going to -- I was going to do. And so -- as far as 18 what they needed to be done by the rules, what they told 19 me what the rules were. They said no fighting. So that 20 means I was never going to get the opportunity to punch 21 somebody out there. They said no money alliances. So I 22 never once thought about, you know -- I wouldn't have 23 probably done this anyway, but I never once thought about 24 going over to somebody and saying hey, I'll split the 25 million with you if you don't vote me off. 188

1 Q Did they ask you to shave your beard and 2 sideburns? 3 A I had a goatee and sideburns when I was cast, 4 yes. 5 Q They asked you to shave that? 6 A They told me that I had to. 7 Q Okay. Knowing what you know now about the way 8 the game was actually run, would do you this again? And 9 before you answer that, I -- I want to put in that not 10 that you now know -- I don't want to use the wrong word 11 here. Not that you now know that impressing the producer 12 may be a help. I mean not giving you an extra chance to 13 do something like that. I mean just the game was going 14 to be run the way it was run and it was going to wind up 15 about the way it wound up, and you were going to be voted 16 off in Week 5 or whatever, would you do this all again? 17 A Yes. 18 Q You would. Okay. 19 At one point I believe you said that there were 20 something like 50 challenges that were either devised 21 or -- I don't know exactly what you said about that, but 22 I think you said something about 50 challenges. 23 A From my knowledge, which came from somebody in 24 the production staff at some previous meeting, that they 25 had a -- had a -- somebody -- somebody had told us in a 189

1 group format -- it wasn't like somebody individually 2 shared it me, but it was -- came out sometime that yes, 3 there was -- because we had met with the writers at one 4 point, and I believe they told us that there -- you know, 5 that they had written a ton of original games for us. 6 And they -- and, you know -- and so they had like 50 to 7 choose from as, you know... And I don't know if that 8 meant they were just choosing as they were going along, 9 which that's what I assumed it meant at the time, but it 10 also may have meant they had just chose the certain 11 number they needed out of that 50 that they wrote for the 12 game. I don't know, but... 13 Q Now, when you say challenges, I -- I know there 14 were various things. There were immunity challenges, 15 there were team competitions, one team against the other. 16 Was that the same thing? 17 A Yes. Well, yeah. 18 Q Okay. But then there were other kinds of 19 challenges. There were -- 20 A Reward challenges. 21 Q Reward challenges. Thank you. When you say 22 there were 50 challenges written, was that for any 23 purpose or it could be a reward, it could be an immunity 24 challenge or whatever? 25 A I'm assuming so. I don't know. 190

1 Q But they didn't need 50, did they? 2 A I don't think so, no. 3 Q I mean they did -- 4 A If you're playing two every three days and -- 5 and, you know, it goes for 39 days, you can do the math. 6 Q Okay. So -- okay. That's why I went to law 7 school instead of accountancy school. 8 MR. WHITE: Twenty-six. 9 Q BY MR. YATES: So anyway, they didn't need all 10 the 50. They could pick and choose as far as you knew? 11 A Right. 12 Q Okay. And when you said they were doing two 13 every three days, that was one immunity and one reward? 14 A Right. 15 Q And did -- did there seem to be any difference 16 between the immunity and the award -- reward challenges? 17 I mean did some seem to be consistently more difficult 18 or... 19 A You know, they were all difficult in their own 20 way, so -- and -- and they were all a challenge, so I 21 don't think there was a difference like that that I 22 noticed. 23 Q When did you come up with whatever information 24 you used to decide that the boat challenge, the rowing 25 challenge or whatever it was, where your boat got swamped 191

1 because the people were too heavy, when did you come up 2 with the theory that that was not fair to your team? 3 A Well, we knew before we even got on the boat to 4 go back to our -- to our beachfront. Because at that 5 point Kelly was very upset. She was in tears. And there 6 was just really no -- nothing anyone could do to console 7 her. So now we're in that point where we lost, and we're 8 all standing there waiting for our boat. And we started 9 thinking about it, and all of a sudden -- you know, we 10 all kind of -- in trying to encourage Kelly, but the 11 truth of the matter was Kelly, listen it wouldn't have 12 mattered if you were way ahead of them. 13 We never would have won that game. We were too 14 heavy. We would have swamped the boat or you would have 15 had to come back in and drop everyone off, go back out 16 there, get him by yourself, and that would have took, you 17 know, a huge amount of time. So in the process of trying 18 to encourage Kelly we were like hey, physically it was 19 impossible for us to win that game and -- so we -- you 20 know, we had recognized that early. 21 Q I just want to be clear on this. This is 22 something, though, that you as a team figured out from 23 what happened? 24 A Yes. And we were -- we were very upset. 25 Q It wasn't something that you learned at some 192

1 point in time that these boats were rated for a certain 2 weight and your weight was over what they were rated for 3 or anything like that? 4 A No. 5 Q It was just something you figured out on the 6 island? 7 A Yes. 8 Q Okay. You also said at one point it time that 9 you were told that you had a 1 in 16 chance to win this 10 contest. Who told you that? 11 A I don't know if anyone told me that, but when 12 you're chosen as, you know, 1 of the 16, that's a 13 mathematical fact, I thought. 14 Q That was just something that you figured out 15 from the rules of the game? 16 A Right. If you all start at ground zero, that 17 means that each one of you has an equal chance of 18 winning, so I have a 1 in 16 chance of being the next 19 million in the United States. 20 Q By the way, on that boat challenge did somebody 21 tell you ahead of time that you might have a weight 22 problem? 23 A Yes. 24 Q Okay. Who was that? 25 A Mark and/or Craig. And it might have been, you 193

1 know -- it was made very clear, so Jeff Propas [phonetic] 2 might have mentioned it while explaining the game. There 3 was a guy that was head of all the games that explained 4 all the games thoroughly to us off camera, so he -- so he 5 knew we understood. He might have mentioned it to us. 6 It was a point that was made very clear to both tribes. 7 It wasn't something that was off to the side or anything 8 like that. 9 Q But it was made very clear to both tribes that 10 your tribe might have a weight problem? 11 A Well, that -- that you -- they didn't -- they 12 didn't -- they didn't say our tribe. Now, those were the 13 facts, that hey, our tribe was a lot heavier, but they 14 were saying it to both tribes. Hey, there could be a 15 weight issue out there, so don't try to stuff everybody 16 on your canoe -- you know, canoe and then have it swamp, 17 even though they gave you a little thing to, you know, 18 get out the water out, it would have took them forever, 19 you know. 20 And it was just impossible to move once filled 21 with water. That's just how boats are, if you have any 22 experience with boats, so... Yeah, they just made it 23 clear. They -- you know, never were like, you know, this 24 tribe is to going to have a problem and this one isn't. 25 They just said it was a possibility for both tribes. 194

1 Q You said that Rudy said early on in the game 2 that he and Mark were friends? 3 A Yes. 4 Q In what context? Was that a private 5 conversation with you or... 6 A Well, he said it to me privately and he said it 7 to the group. You know, it's not something Rudy tried to 8 hide or was ashamed of in any way. He just said hey, me 9 and Burnett we're -- we're friends, and, you know, went 10 on to explain the story of Eco Challenge. Rudy had a 11 habit of repeating himself, and he would quite often. 12 And so he -- it's just something that, like I said, he 13 was not trying to hide in any way. 14 Q Did you ever hear anybody bring that subject up 15 to Mark Burnett? 16 A No. 17 Q Did you ever hear anybody bring it up in a 18 negative way to Rudy? 19 A No. 20 Q I believe you said that you were told that Rudy 21 had no interest in joining the alliance. How did you 22 know that? 23 A Several of the other contestants had told me 24 that. 25 Q While you were on the island or after? 195

1 A No, I had no idea of the alliance while I was on 2 the island. After I got voted off -- in fact it was 3 after the show was filmed is when I first heard of that. 4 Everyone was back in the States. 5 Q Did you watch the show? 6 A Yes. 7 Q You said that you heard that some food had been 8 snuck onto the island. 9 A Well, there was obviously food there for the 10 production people, but -- and, again, I know no details, 11 anything about this, just that somebody -- one of the 12 cameramen had been sneaking food to some of the people at 13 some point late into the game, and that -- 14 Q Was this after you were gone? 15 A Oh, yeah, long after I was gone. I believe 16 there was only four people left. May have happened 17 before then. I -- I really don't know the details. I'm 18 sketchy on that because that's not common knowledge, 19 because somehow word got out to production. So then 20 there was a private meeting with, like I said, the four 21 people involved, and they said they'd never talk about it 22 again and the game continued. And that's really all I 23 know about it, and I don't know anything else. 24 Q Did you say that when you were getting the 25 advice from Mark that Rudy would be more helpful to your 196

1 team than Stacey and you ought to vote Stacey off? 2 A Yes, you should form an alliance to have Stacey 3 voted off. 4 Q Did -- did you feel that that was cheating in 5 any way? 6 A If I would have had time to think about it 7 beforehand that -- I would have said -- I wouldn't have 8 said that's cheating, but I would have said that's not 9 how I'm going to play the game. Afterwards, that's what 10 I said. For whatever reason I got up in the moment or 11 the million dollars or whatever and made a bad decision, 12 and as I think I've stated, it's my one regret from my 13 time on the island. But I would not call it cheating 14 because there is no rule against doing anything like that 15 as far as contestants go. 16 Q Okay. But that wasn't really the point of my 17 question. 18 A I'm sorry. 19 Q The point of my question was as far as getting 20 some special or inside information from a producer. 21 A Yeah, I -- I would definitely consider that 22 cheating. 23 Q Okay. But you just didn't think about it at the 24 time because of the -- you've described the circumstances 25 adequately -- 197

1 A Right. 2 Q -- I think about how tired you were and 3 everything -- 4 A It's just, you know -- and I'm not making any 5 excuses for me. Like I said, I -- I regret the incident 6 and I take responsibility for it. And it's -- yeah, it 7 was just -- it -- it -- it shouldn't have happened. 8 Q I believe you also said that during the casting 9 process you were told that it was a game and that you had 10 a chance to win? 11 A Uh-huh. 12 Q Who told you that? 13 A It's just a common thing. Hey, you make -- you 14 make -- you know, if you're 1 of the 16, you know, you're 15 on the island and it's anybody's game. 16 Q Do you remember any particular person that said 17 that? 18 A Not in those words, but, again, you know, 19 that's -- that's the point -- that was the point of the 20 casting process, you know, to be in the top 16, so then 21 you would have a shot at the million. 22 Q But you felt after you got on -- actually, after 23 you got off the island, after you had played the game and 24 gotten off the island, you felt that you were not really 25 a contestant? 198

1 A No, I was a contestant, there's no doubt. I was 2 there. I was 1 of the 16. 3 MR. WHITE: I don't believe I ever heard that 4 testimony from this witness today, Counsel. 5 MR. YATES: Well, I wrote down -- if this 6 reflects his recollection, if not... You felt you were 7 just a toy to help him get what he wanted. You were not 8 a contestant on a game show. That's what I wrote down. 9 If I misquoted you, I apologize. 10 MR. WHITE: He never used the phrase "game 11 show." I'm quite certain of that. But we have a 12 transcript to tell us what he said. 13 MR. YATES: Yes, we do, but it would take too 14 long to go back, so.... 15 Q Just if you remember that, you can talk about 16 it; if you don't, we'll move on. 17 MR. WHITE: Excuse me, that's not a proper 18 question to talk about it. If you have a question, frame 19 a question, but -- 20 MR. YATES: Well, I did frame a question and you 21 complained -- 22 MR. WHITE: I objected to it, right. 23 MR. YATES: -- and you complained I was 24 misquoting him, and I'm saying I didn't. I mean we can 25 try to go back and find it in the transcript if you'd 199

1 like, but I don't think I misquoted him. 2 MR. EDELMAN: Again -- 3 MR. GOLDOWITZ: Why don't you just rephrase the 4 question. 5 MR. EDELMAN: If he said something previously, 6 it's obviously on the record. You don't need him to say 7 it again, so let's just try to plow ground we haven't 8 plowed. 9 MR. WHITE: Get a new question. 10 MR. YATES: I like the old question. 11 MR. WHITE: It's been asked and answered. 12 MR. YATES: Well, let's ask the reporter to read 13 back what I asked before the dispute started. 14 (The record was read as follows: 15 "Q After you had played the game and 16 gotten off the island, you felt that you were 17 not really a contestant?") 18 MR. WHITE: And that question's been answered. 19 There's an answer, correct? 20 MR. EDELMAN: Yeah, I think he said he was a 21 contestant. 22 MR. WHITE: Right. 23 MR. EDELMAN: Right. 24 MR. WHITE: So let's have a new one. 25 Q BY MR. YATES: Getting back just for a moment 200

1 to your letter, May 23rd letter. If you could 2 characterize what you were complaining about in one or 3 two words from this two-page letter, what would it be? 4 MR. WHITE: Objection -- 5 MR. YATES: I believe you said it wasn't 6 manipulation. What would you call it? 7 MR. WHITE: The letter speaks for itself. 8 MR. YATES: The letter does speak for itself, 9 but I'm asking him to characterize the letter that he 10 wrote in one or two words. 11 MR. WHITE: Well, it's a two-page letter. I 12 don't know if two words can summarize it. 13 MR. YATES: Well, my client tried to summarize 14 it by saying manipulation. You seem to have a big 15 problem with that, so I'm trying to find out how the -- 16 MR. WHITE: So does the author. 17 MR. YATES: -- how the writer would. That's 18 what I'm asking him. That's my question to him. 19 MR. WHITE: That assumes it can be summarized in 20 one or two words. 21 MR. GOLDOWITZ: Well, if it can't, we'll find 22 out. 23 THE DEPONENT: I'd say nonexistent knowledge of 24 outside influence. 25 Q BY MR. YATES: Your nonexistence knowledge? 201

1 A I think the 16 of us, you know, had no, you 2 know... But I can only speak for myself, so yeah, my -- 3 I never realized there would -- there would be -- I felt 4 like there was influence. I didn't know there would be 5 going into it. We were never told that there would be. 6 And that -- I felt that influence affected the outcome of 7 the game in an unfair manner. And that was -- that was 8 my -- I wouldn't call it complaint, but I would say I 9 just wanted -- that's how I felt. And I just wanted -- 10 Mark had asked us to write an honest response to our 11 experience, and that was my experience. 12 Q Okay. So outside influence affected the outcome 13 of the game? 14 A Yes. 15 Q And do you think that -- not yourself, these 16 aren't your words, but do you think that manipulation is 17 an improper characterization of outside influence 18 affecting the outcome of a game? Do you think that's an 19 unfair summary? 20 A Yes, I think that's unfair. 21 MR. YATES: Okay. I have no further questions. 22 Thank you very much. 23 MR. WHITE: No questions. 24 MR. EDELMAN: Okay. So I gather from the fact 25 that you asked your questions that we've reached an 202

1 agreement that this deposition is for purposes of both 2 lawsuits, and everybody is done with Mr. Been at this 3 point? 4 MR. YATES: A good gathering, yes. 5 MR. WHITE: Correct. 6 MR. EDELMAN: Everybody agrees to that? 7 MR. WHITE: Everybody agrees. 8 MR. YATES: Yes. 9 MR. EDELMAN: Okay. Great. 10 MR. GOLDOWITZ: Madam Reporter, are you clear on 11 the transcript? Did we get that cleared up at the 12 beginning, so... 13 THE REPORTER: Yeah. I'm relieved and the 14 original is going to Mr. Edelman and you guys are going 15 to take it from there. 16 MR. WHITE: And we'll take a copy with a mini 17 and a floppy. 18 MR. EDELMAN: And did we -- I don't remember if 19 we put this on the record, that we'll have 30 days. 20 MR. YATES: We didn't put it on the record. 21 MR. WHITE: We should. 22 MR. EDELMAN: Yeah, can we have 30 days once I 23 get it -- 24 MR. YATES: Thirty days from the date of your 25 receipt would be fine. 203

1 MR. EDELMAN: To review it. 2 MR. YATES: Is that okay with you, Mark? Well, 3 is it? 4 MR. GOLDOWITZ: Yeah. 5 MR. YATES: Okay. 6 MR. WHITE: So we stipulated that the witness 7 and Mr. Edelman will have 30 days from receipt to advise 8 Counsel of any corrections, and to trans -- and to 9 subsequently then transmit the original to Mr. Goldowitz 10 for safekeeping. 11 MR. GOLDOWITZ: Correct. 12 MR. EDELMAN: Very good. 13 THE VIDEOGRAPHER: This concludes today's 14 deposition of Dirk Been. We're off the record, 3:19 p.m. 15 on April 10, 2001. 16 (Deposition session concluded at 3:19 p.m.) 17 18 19 20 21 22 23 24 25 204

1 I certify (or declare) under penalty of perjury 2 under the laws of the State of California that the 3 foregoing is true and correct. 4 Executed at ______________________on _______________. 5 (Place) (Date) 6 _______________________________ 7 (Signature of Deponent) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 205