danny scott goeb - oral deposition - july 10, 1989 - volume ii
TRANSCRIPT
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NO. 87-41780
DANNY SCOTT GOEB a/k/a IN l'JU: DISTRIC'l' COURT Ol'
DAN PATRICK
vs.
PAUL HAltASH1 AND
THE HOUSTON POS'l'
HARRlS COUN'l'Y, 'l' E X A S
15lst JUDICil'IL DIS'J'lHC'l'
ORIGINAL
YQ11ll'!.!Ll.l
Richer, Barnhwt & Probst '00
HOUSTON. 1E
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DANNY SCO~.~-' Golm
By Ms. Brownfeld ..............................
By Mtc. Koury , , , , , , , , , , , , , , , , , , ,
By ~1s. Br.ownfeld , .................
13y !~r. Koury , , , , , , , , , , , ..........
By Ms. Brownfeld ............................. .
Exhibit No. 2 .................................
Exhibit No. 3 .................................
Exhibit No. 4 .................................
Exhibit Nos. 5 and 6 ...................
Richor, Bomhort & Probt 1100 MOLAM "UITC 4,_00
~OU$,0N, 1~
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l"or- the Plaintiff:
McLain, Cage, Hill & Nie!Jaus
6363 Woodway, Suite 300
liOIJston, Texas 77057
!3 y : A. B~ntley Nettles
For the Defendant:
3500 Ono Shell Plaza
Houston, Texas 77002
By: Gail Br.ownfeld
TBA No. 03217500
For the Defendant 'l'h Houston l>ost:
Fulbright Jaworski
1301 McKitJney St.r.eet
Houston, 'l'exas 77010
By: 1\. l'rank Koury
Richer, Bomhor! & Probst 1100 MtLA~. "UI'r" 4200
"OU5TON. TDA5 77002
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'!'he Vicleographer:
t4ark L. Susmiln
Vidcotiles Productions
On July 10, 1989, at the offices of Baker &
Botts, 3500 One Shell Pl
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1 EXli.NINA'l'ION BY MS. BROIVNFELl):
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Mr. P
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today?
r think so. I just bought a new ~1allet, so I may
not h
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rn the night club with all the people that ~1er.e
there, several hundred, ~lith loud rnusJ c playing,
you have to talk in a louder than notcmal voice, but
nothing exc~ssive.
Would you describe yourself as agitated during that
incident?
No.
Calm and collected during the whole encounter?
Yes, I l'ife 1~as there part of the time.
But we di
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had not been, so I said, "Yes, I'll go.
During t:hG last portion of your deposition 1Ho
tal~NI about your business endeavors. We talked
about Dan & Nick's Sportsntarket in Rice Village
which is owned by RY'l'Y, Inc. Is that corr.ect?
Yes.
We talked about D
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these business endeavors lost money a10 a result of:
the economic climate in Houston'?
A Yes,
Q !lave you had involvements in any other businesses
oth8r than the Sportsme~r-kets, the Nic-n-E.Z. Club
and Jazz?
A NO.
Q Do yott have any invo.lve~wnt in a radio station, in
terms of: ownership?
A I'111 not sure that legally I do. I'm involved in
milnagement.
Q Which radio Btation is that?
A KSE'V Radio.
Q !~hat number is that?
A M\ 700.
Q Are you involved in that now?
A Yes,
Q What milll00
K0U$ 70016500000
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At any time did you have an ownership interest in
that r-adio station?
Again, I'm not sure technically if I did because of
the way tlw FCC works. J:'n not quite sure if tt1e
transfer went through and everything is put into
her name yet or not.
l gtJess my question is: From whose name is it
being transfE>rr.ed into your wife's name?
It would have be0n transferred rrom mine; but the
way the l'CC 1vorks on an instantaneous basj.s
almost -- one act is done, the other act is done
s irn u 1 ta neo us 1 y, So, I'm not sure technically if it
was in my name for a day, if it still is or if it
is not. I would have to check with my attorneys.
Who would your attor.nGys be? Who would know thot?
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Absolutely not.
lire there any other businesses in which you are
i11volved at this time?
No.
Any other business entities that you possess an
interest in'?
No.
Your bankruptcy, ~!r. Patrick, was it f:i.led for
personal reasons or because of the businesses you
were involved in?
Because of the bllsinesses.
And these are the Sportsmarkets, Nice-n-Jo;.Z., Jazz,
which ultim,~tely ceased openttions due to financial
losses aM1 the economic conditions ln Houston?
Yes, I wouldn't -- X'll clarify thott by saying
Nice-n-E. z. didn't close bscause of the economic
conditions) it clO(t0d because of Robert Reid's
desire to disassociate himself with the business
because of the incident with Paul llarasim and the
negative publicity we received from the Post.
~!R. KOURY: J object to that testimony on
the basis it's not l.'esponsive to any questi.on that
1~as asked.
J join in the objection. 'l'o clarify that, you Clsked me i_f all of those
Ricfler, Bomhort & Probst OWO MllAM SUITE -'200
HOUS~ON, ''HAS >7002
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builinsses closed due to economic conditions. And,
yes, to all of them with the exception of that is
the reuson I anr;~1ered that way.
MR. KOURY; Same objecti.on. (By Ms. l3r01Ynfeldl l~r. Patrick --
Excuse me. Then my answer would be no to your
question then.
~\R. KOllHY: Same objection.
()3y ~Is. Br.ownfeld) Mr. Patrick, is it your
testin1ony that Robert Reid explicitly told you he
no longer wanted to be associated with the
Nice-n-!l.Z. Club bBcause of the altercation between
you and ~!r. !larasim? Is that what you're telling
the jury under oath today?
'J'hilt was part of the reason. 'l'hat ~1as one of them.
What was the other part of the reason, Mr. Pat1:ick?
He said because of negativB publicity
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Who is your current family physician, ~lr. Patrick?
J. don't have one.
ll.ro you currently on any medication?
No.
Who was the last physician you visited?
Dr. Tschudia, probably.
Whon did you last .5ee Dr. Tschudia?
I'm not Stlre. It would have jt1st IJeen a routir1e visit for a cold or something.
\'IOL1ld it have been in thG last yc.ear?
I don't remember.
Other than Dr. Tschudla, what physicians have you
et~n in the Houst:on ,uea since arriving in to11n?
I thinl; the only other one besides Dr. 'l'schudia
would have been a Dr. Kramer, with a K.
Wh~re is Dr. Kramel: located?
I'm not Stir any longer. I haven't seen hirn for
five or six years. I knov1 he's moved, so I'm not
sure wJ,ere l1e is.
!'/hat type of physician is Dr. I(ntmer?
Psychiatrist. Psychiatrist or psychologist, J:'w
not sur.e which. r forget.
Was Dr. Kramer a mellical doctor, an t1D?
Yes. so, he was a psychologist.
You don't knoN whore he was located?
Richer, Bomhor! & Probst 1100 MILAM 5UI'r. ''00
K"U
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He used to be on Frostwood, but I'm not sure where
he is now.
What's his first name?
Stephen, 1 think.
Why did you first see llr. Kra1oer?
r wasn't feeling ~1ell.
What do you mean by you wercn' t feeling well?
I was tired, fatigued, stressed out.
What manifestations of your tiredness and fatigue
and stress were you exhibiting?
l passed out at work one day from exhaustion .
When did you first see Dr. Kramer for this?
Gee, I don't know. llack in the early eighties.
I'm not sure wl1en. It's been a long tin1e.
When you first silw Dr. Kramer, did you tell him
thilt you felt like you were under. ~>tress and ~~ere
tired and fatigued?
Yes.
What type of examination did he perforn on you?
I don't recalL r. don't think he performed any
examination.
Well, did he t-un any tests, ask you any specific
questions, ask you to rill out any forms?
I don't recall.
Do you recall if: he asked you to look at card.s with
Richer, Barnhart & Probs! 11CAM. SO"C 4200
"OUSTON. THAS 77002
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shapes on them or anything like that?
I recall that didn't hilppen.
Did he prescribe 11ny medication after your J:.irst
visit?
I don't recall.
Did he ultimately prescribe any medication for you?
Yes.
What was prescribed?
I believe its name is Amitriptyline.
Why we~:e you taking Amitriptyline?
'l'o control -- according to him, to cont.rol a
chemical imbalance that l had.
How long did you t
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2 could give you dry mouth. Is that true?
3 A Yes.
4 Q Did he tell you any of the psychological side
5 ef:fects this drug could have?
6 A I believe there an;1n' t any. l believe that was our
7 discussion.
8 Q Were you on this drug on May 30, 1987'?
9 A No.
10 Q Other than Dr. Kramer and Dr. 'J.'schudia, have you
11 seen any other physicians in the Houston ol!:ea?
12 A I don't believe so.
13 Q ln the lalit 10 yoars have you seen any other
14 physicians at all?
15 I don't think so.
16 Q Have you seen any other health care providers ~1ho
17 may not have been physicians, i.e., psychologists,
18 social workers, chiropractors, that type of thing?
19 A I d011't: think SO,
70 Q Who is your family dentist?
21 A G
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Just TSO.
When ~1as the last time you took Amitriptyline or
any antidepressant or anti-anxiety drug?
I don't recall. It's been many years. I'm not
sure of the exact date.
Did Dr. Kramel" or Dr. Tschudia explain to you why
you no longer r1eeded to be on thl.s 1~edication?
No, 11ot really.
Was it your understanding that your imbalance had
l guess so.
Are there certain events today and in the past ti>O
ye
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emotional state?
MR. NET'l'LES: r object to the
mischaracterization of his t0stimony. I don't
believe he said that.
(By Ms. Brownfeld) You can
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A I don't think so. I mean, nothing comes to my
mind.
Q Well, is seeing a psychiatrist or psychologist or
mental health care provider sometlling you might
remember? Xs that a fairly significant event for
you?
A Yes, you could say that. I don't recall. You're.
going back ten years. You asked me since I've been
ln Houston.
Q At lea~;t ten years.
A I don't think so.
Q llav
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an example? But maybe I'll be able to think of one
right now. I see one corning to mind.
How about Spring Shadows Glen? Are you
familiar with that type of
J:'m familiar witll Spri11g Shadows Glen.
Have you ever. been in Spdng Shadows Glen?
Yes, uh-huh.
You have?
Uh-huh.
When was that'(
I'm not sure. '84 or '85, something in t:hat period
of time.
~)hat type of institution is Spring Shadows Glen?
I'm not sene.
How would you clwrvcterizc it, Nr. Patrick?
MR. NE'l'~'J,ES: Objection. 1 think h 1 S
already answered that question i.n his last
response.
(By Ms. Brownfeld) You can answer. the queBtion.
I'm not sure that you would characterize it any
di.ffetently than any other hospitill-
Is it a )lospital?
I'm not sure. I mean, J 'm not sure what they do.
Does it tend to focus on people with psychiatric
problems or emotional problems?
Richer, Bomhort & Probst noo r
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I don't know.
Were you there for psychiatric problems?
No.
Were you there for emotional problems?
No.
Why were you there, Mr. Patr.ick?
For rest.
!1011 long were you o.t Spring Shadows Glen llospital?
A couple of weeks, I thi11k. Ten days. I'm not
sure.
Was Dr. Kramer your physici.an while you were there?
Yes.
Did you see any other physicians 01: mental health
care providers when you werQ there?
Staff people that I recall.
What type of treatment did you receive while you
were in Spring Shadows Glen?
None.
What did you do while you were there for two weeks?
Slept, basically, for two ~1eeks.
Did you have any sort of group therapy?
No.
Did you have individual therapy with Dr. Kramer:>
We met a couple of times a week to see how l: ~1as
doing. l wouldn't charact:erb:e it as therapy.
Richer, Barnhart & Prabsl "00 MCAM, SUOY" "00
"OUSTON TEXAS 77000
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would call it a doctor's Vi!Jit to see how J was
feeling.
How often WOllld you see Dr. Kramer prior to you
being admitted to Spring Shadows Glen hospital?
I don't think prior to being admitted I saw him.
don't thinK X was seeing him then at all. r. think
X had stopped seeing him.
You stopped seeing him before you V>ere admitted?
Yes, T think so.
But at .50me time prior to that admission you had
seen him on a regular basis. ls that a fair
stntement'?
'/e s.
For how long a period did you see him on a regular.
basis?
l'm not exactly sure. Several months.
How often 1'/0uld you sew him during that several
l'm not sur.e.
Would his records reflect these vi sits?
Uh-huh.
l~ould hi.s recor-d.5 reflect the substance of
you-all's discussior1s?
I don't kno~1 about that.
Have you ever seen his records?
Richer, Bomharl & Prob! "GO MILAM, OUOTE 4200
HOUSTON. THAO 77Mt
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No.
Other than Spring Shadows Glen, have you ever been
hospitalized for any reason?
Going back how long?
WeJl, let's begin with since you've como to
HOUBtO!l,
Yes.
When have you been hospitali.zed?
Somewhere -- you mean overnight stays?
Okay.
Is that what we're talking about, overnight'r
Yes.
In the early eighties at Memorial City.
F'or what reason were yoll hospitalized?
Same reason. Host, fatigue, exhaustion.
~lho 1~as your tre
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Q Is that tho result of that hospitalization?
A I believe so. I believe so.
Q Were you on those drugs in 1984 as well, when you
were hospitalized at Spring Shadows Glen?
A I don't think so. Well. Yes -- I don't. think so.
I don't tl1i11k so.
Q 11ould the hospital ~ecords from Spring Shado1~s Glen
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necessarily on an overnight basis?
Rosewood, the night -- I believe that's the night
of the incident with Paul Harasim.
Any others?
I cut my leg prun1ng a bush and I went to the
hospital on 1960. AncJ I broke my wrist. J. went to
Southwest Memorial t.o have that fixed.
How did you break yoLH wrist?
It Wil(> a charitable> jog at Channeol 11. J. stu1nbled.
Were you pushed?
No, I stumbled.
Do you recall some incident whore you we~:e punched
in the chest and had to visit either a doctor or
the hospital?
I don't recall.
December 1981?
Gee, I don't recall.
You don't recall some altercation where you 1ver.e
punched in the chest by somebody and had chest pain
and tenderness on the left Hide of your chest?
!!R, Nll'J"l'LES: ObjBction; ask2lp !lim
Richer, Bamhort & Probsl HQQ MICAM 5U'T 4,00
~OUSTON, TOXAS 7?002
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recall the event.
Mll. NE'!"l'l,J'!S: Obviously you're referring
to something. If you think that would help him --
(By t~s. Brownfeld) Do you recall that at all, the
incident wherein you were punched in tlle che!;t by
somebody?
I have no idea what you're referring to or. any
recollection.
Do you recall visiting St. Joseph's Hospital in
approximately 1983 for stomach pain?
I had food poisoning, yes. I do recall it.
Do you recall ilnything else about that
hasp it a 1 i za t i. on?
Have you ever received treatment for alcohol abuse?
No.
llavG you ever received treatment for drug abuse?
Is it your testimony tod
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pronounce this and I know --
llmi_ t r i ptyl inc.
-- Amitriptyline at the time of your admission to
tile emergency room on Nay 30, would that --
'l'hen r might have been. I just don't recal.l
exactly.
But the medical records would surely pr.ovide L\S
with a better insight into ~1hat drugs you were on
at the time than your recollection will now.
that a fair statement?
SUJ:"e.
\Vhen \
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(Short Recess)
MS. BROWNFELD: At this time, Mr..
Patrick, I'm handing yoU( Dttorney a medical
records release authori.zatJ.on that would allo~1 us
to get the medi.cal records of Dr. Tschudia, Dr-.
Kramer., Spring Shadows Glen Psychiatric Hospital,
and any other of the hospitals or. health care
providers that V1e've discussed or who, in answer to
our into:errogatories, if you see other physicians
and you supplement those, this allows us to get
their records.
Yoor attorney's agreed to return this to
me executed or. file formal objection to execution
of this document sometime between now and July
24th. Is that right?
!1R. NE'l"i'LES: I think the first part of
that is coJ:rect. I do11't believe I agreed to file
formal obj ecti.on. I agreed to lot you know we
wor:en't going to p~:ovide those to you, and then T
assume it would be your duty to go before the Court
and ask for it.
MS. Bll.O\i'NFEI.D: Just for ptnposes of the
record, to the e:.:tent Mr. Patrick has already
testified of the potential informati.on necessary to
thiro lawsuit that could be derived from the
Richer, Bomhorl & Probst 0000 MILAM, SUITE 4200
HOUST0N.TE-
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records, I r;ee no reason why they shouldn't be
tendered. If you'r.e going to refuse to exeC\1te the
release, at least give:> me a basis for your
reasoning so when I fil0 my motion to compel, l can
go before the court with some argument.
Mll.. NETTLES: I don't think 1~e can do
that.
M' 0. But I'm giving this to
your attootcy now. lind l' m sure v1e will have
something back, just. as a matter of courtesy,
between now and the 24th of July.
Okay, Bentley?
HR. NETTLES:
Q (By Ms. Erownfeld) Just so ~10 can move on to
i'lllother topic, ~1r. Patrick, can you think of any
other physicians, other than Dr. TEchudia, Dr.
Kr
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Is there a hif;tory of mental illness in your
family?
Other than the incident of May 30 made the basis of
tl!is lawsuit ~1hich involved Pil.Ul Harasim and his
wife, have you ever had any other sort of hostile
altercation?
l1H, NH'l"J'LES: Objection to that;
ambiguous. And the word "hostile" I don't think he
can con-ectly identify without you furtheJ: defining
that for him.
(By Ms. Brownfeldl What does hostile mean to you,
~lr. Patrick?
Unfriendly.
Other than the unfriendly incident made the basis
of this l
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But you believe it is. I may not believe it is, is
the difficult
Okay,
The only thing that come~; to my mind is -- and
asking a question again. Is a hostile altercation
a shO\lting match?
MR. KOURY: The Houston Post objects to
the witnesB asking questions.
(By ~ts. Bro~lnfeld) My que~ltion is, ~!r. Patrick:
You've defined hostile as unfriendly, and I want to
know hov1 many hosti.le altercations you've had.
One, defining it. that way.
And when was that?
ln Minnesota.
Wh.-.t year?
Gee, I'm not sure. Somev1here arolmd '82 or '83.
\,'ho was the other party or parties involved in that
hostile aJte~:cation?
l (lon't know.
You don't recall who was involved?
It was a s\.ranger.
\\'hat were the incidents giving rise to this event?
In a big crowd of reporters someone shoved TIJyself
and my cameraman backwards and I shoved them back
and that wa~; the extent of it.
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Wex-e the police called?
Were you hurt?
I don't think so,
Well, if you ~1ere, would yotl remember?
Not necessarily. It was a minor incident.
Was your c
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rut. KOURY: I object to the witness
making siclebar remarks and ask the witnes.> just to
answer the question that's posed.
I'w not sure which question was posed.
objected. (By Ms. Brownfeld) The question was: Do you
consider the pushing between you and Boom Boom
Jackson that resulted in you and Boom Boom
Jackson I think you testified last time -- on
the ground a friendly incident?
I conrdder that an assault by Boom Boom Jackson on
me.
Won> that hostile, sit?
I consider an assault different from hostile or
unfriendly.
How many assualts have you been involved i.n in your
1 ife?
Ju10t those two, those two being Boom Boom Jackson
OliHl Paul Harasim.
Wae the Minnesota event an assault, in your ndnd?
No, that was an unfriendly shoving match.
Other than the Boom Boom Jackson incident, the
~tinnesota incident, and the Paul Harasi.m incident,
it'.s your testimony, sir, that you've never been
involved in a hostile altercati.on, hostile defined
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by you as unfriendly, or in a situation that you
perceive to be an assault? Is that your- testimony'?
'J'hat's a very tough question to answer. I really
have no answer for that question.
~m. KOURY: l: object to tl1e wit11ess r1ot
answering the question.
(By Ms. Brownfeld) Mr. Patrick, maybe my question
is not clear to you. And X 'm just trying to get
inforn,ation from you regarding incidents of a
hostile, violent, assualtive, unfriendly nature.
And if you can think of only three, and if that's
yollt: answer, that's fine. But I think you know
what I'm asking. I'm trying to get information for
the jury regarding what other types of incidents
lik0 this, or if not similar to the one made the
basir; of this lawsuit, at least along those kind of
line:;, you've been involved in.
~\R. Nll'l'TLES: Object to the vagueness and
ambi.gu.ity of the question an{1 its apparent
cornpoundneos. ll.nd I ask that it be clarified iJO my
witness can answer. it.
(J3y !~s. Brownfeld) Hr. Patrick, do you understand
my question?
I honestly don't.
Who is Paul McGuy?
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I don't know.
Have you ever had any altercation with Ed Fowler?
\'I ell, we work togtther and we shout at each other
occasionally, but I don't consider that an
altercation.
Do you remember any fight you've had with Ed Fowler
in tlle pa!lt that had police involvement?
No,
Have you ever had any altercation with Pete Roets,
R-o-e-t-s?
I have no idc.a who that is,
Have you ever had any hostility, assault, or
unfriendly exchange with any individuals ftom
Channel 2 th
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No. Oh, would I consider that an assault? l\. minor
one.
so, it would be an assault that you fail
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I think one time.
What were the facts sur(ounding th37
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~1y personal code of honor and morals is that if
someone told my mothet to go fuck herself -- or my
wife or my girlfr.iend or if they said it to you, if
we were in the room, yes, I would defend yOllr
honor.
What was the name of that employee, please?
l don't remember.
Do you have records -- which Sportsmarkot ~1as this?
Was this --
Uan & Nick's Sportsmarket.
Whicll one?
The one on Rice BoulevaJ:d.
Do you have a
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Q When were those threats made?
A Sometime, I think, around '84, '83.
Q Do you recall what prompted those thr.f:'ats?
A We used to have n lot of nuts who used to call th4
'l'V station on occa[;ion, either trying to get a date
with Amanda Arnold, or sho~1 up with Doberman
Pinschers after the newscast, or. bomb threats, or
those kind of things. And we had some death
thteats from some unknown caller and -- serious
enough that we thought the -- that I had police
protection for 72 hours.
And the police told me, quite frankly,
that: they can't watch every move; and they advised
me to buy what they call an equalizer to carr.y in
my automobile.
Q Do you H)call any specific story that you may have
been involved in that prompted these death threats
ln this specific i_nstunce?
It involved a story that we did on Michael JackSOil.
You know, that's 1vhat it centered on. 1'he person
was upset about things r. said about t-tichael
Jackson.
Q What did you say about Niclwel Jackson that upset
this per.flon?
A I don't even recall.
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Yo~ don't recall?
ls it a true statement, Mr. Patrick, that ChannGl
11 management forced or required you to go on
television and make a public apology regarding the
statements you made?
No.
Did you make a public apology regarding your
statements dealing with Michael Jackson?
I tried to soften the story withollt apologizing.
To try to clilrify that, you know -- and that was
mainly to try to get -- hopefully to diffuse the
situation.
lt's your testimony then, Mt-. Patrick, that the
Channel 11 management did not criticize your
commonts with regard to !1ichael Jackson in that
story?
As a matter of fact, that next day after the story
wa
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No. I!e was general m
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(By t~s. Br.ownfcld) Have yoll spoken with them s.Lnce
then?
No, r don't think so.
You don't think so, or yotlr answer is no?
1 don't recall.
And my que(ltion incorporated telephone
conversations as well as face-to-fe.ce meetings.
You unden;tood that?
I think we have talked on the phone about setting
up today. But, no, we have not had a session whcre
we reviewed tcstin10ny ot- talked about today.
Or your last deposition?
Or my last deposition.
Or anyth1ng else rel.evnnt to the lawsuit"?
Or anything else relevant to the lawsuit.
Is i.t a fair stat0ment, Mr. Patrick, that many
people in the public disliked your style of
presenting the sports?
'l'hat's a totally inaccurate statement.
Is it a fair. statement to say that there were
people in the public ~1ho disli.ked your style of
present:ing the sports?
0h 1 of COU(Se.
Is it true that you were voted the least favor.ite
sports caster at one point?
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There was a poll conducted by the POBt, I believe,
that had that result. 'l'hey voted the most
favorite, least favorite.
Oth
been threats of violence madt.e against you?
No, I don't think so.
!lave you evr,r relied on hearsay to formulate the
basis of a sports story or sport& editorial?
NR. NE'l"l'LES: Object ion. I think it
ca.lls for a legal conclusion. If you're referring
to hearsay in the legal sense, I don't think he's
qualified to answer that question.
(By ~ls. Brownfeld) Did you l.lnderstand my question?
No.
Do you kno11 what the ~lord "hearsny" means on a
purely lay basis?
Did you ever rely on hearsay to formulate the ba,sis
for a newscast or. editorial comment you've made?
No.
HavE> you ever aslled questions int:ended to provoke a
r.ef;ponse from r;omeone j_n order to get an interview? Richer, Bomharl & Probst
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ll No.
Q Have you ever hidden a cameraman or a camera out of
the range of view of the person you intended to
interview hoping to get them on film when they were
not expecting it?
A I never -- sometimes a can1
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Well, J don't call it controv0rsial. I call it
kind of flamboyant style.
You've never. caLled your style of broadcasting
controversial?
Yes. 1 mean, there are certain things you do that
are controversial; but I wouldn't call the overall
style controversiaL Rather, flamboyant and
entertaining.
Isn't it a fact that part of your job was to do
things that would get people to wotch the news, get
people to watch Channel 11 's newr;?
It's part of everybody's job. That's the job
description of evelyone who works on television.
And ,;mne of the things yol1 would do were
cont~ov
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!1R. Ng~."l'LES: I'm going to object becal1SG
it's a compound quasti.on. Clearly it is trying to
(]raw an analogy beh1een two separate things.
(By Ms. Hrownfeld) You can answ
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apart from other newcasters was your controversial
style?
NO.
i'Oll never said that?
I don't know that l ever said. I was the only one
who would do commentaries. But what set me apart
~~as, I witS better than the other sportscasters.
Mr. Patrick, I'm going to object to that as
nonresponsive. Listen closoly to my question.
1 am.
Did you ever bel ievl? that H was your controversial
styl
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time you were on TV, didn't yoll, sir?
Yes.
Do you still consider yourself a publi.c figlHe?
You have a radi.o tulk show, don't you?
Well, I do now. But I wasn't after I left
television.
Do you consider that ~1hi.le you were working at Dan
& Nick'.s Sportsmarkets and while you owned
interests in these clubs it was necessary to gt
customers into your club f:or you to make money?
~las it necessary no get customers to make money?
Yes
Sure. And the publicity is one way to get
cuBtomers.
Yes. But I ~1asn't a public person at that time.
'l'he Diln in the Dan & Nick's Bpor-tsmarket stood for
Dan Patrickt is that true?
Uh-huh.
D.i.d you use your public status, your public persona
!ltatus as a sportscaster to help you in m00-"300
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1 reference to him knowing that he was acting as a
2 public person under the eyes of the law for the
3 defo1mation part of this lawsuit.
' Q (By Ms. Brownfeld) Nr. Patrick, my question is--
1 5 and I'll even go back j'1st so the 1:ecord v1ill be
6 cleetr now. You've admitted that during the time
7 you were working for Channel 11 that you were a
8 public figure. Is that true?
9
10 Q When you opened up Dan & Nick's Sportsmar.kets and
11 the oth0r clubs that yotl VI(He involved in, did you
12 use your status as a public figure when you were
13 working with Channel 11 to help promote those
I' clubs?
15 A No.
16 Q So, the fact that you had been on Channel 11, the
17 contacts yot1 had made in your. public status tvns in
10 no way employed by you in your club ownership. Is
19 that your testimony, sir?
28 A You asked me if I used my ChMlllGl 11 persona to
21 promote the busi.ne.sr;, No.
22 Q l'erhapr; you don't understand my question. And I
23 kno~! you were an r,!nglish major, r;ir, and I was not.
24 So, obviourJly you're reading things into my
25 question or failing to under.stand th.i_ngs that I
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think are pretty clear. ~1y question is
BH. NETTLES: I object to all of what
counsel's just last said as a sidebiH' comment.
(By Hs. Brownfeld) Did you llS0 your status as a
public figure and the recognition you received
while you were a public fi.gure on Channel 11 in
your businesses, the Sportsmarkets, Nice-n-E.Z.,
those clubs that you subsequently opened?
MR. NE'l''l'l . gs: I'm going to object to
counsel badgering the toitness, as this witness has
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people; but I don't recall.
How frequently would you discuss his column?
I don't know.
Do you recall the gist of these conversations?
X know that X was unhappy when he wrote things that
were untrue or not favorable. so, I discussed that
with probably friends or employees. But I don't
recall ho1~ often or to whom.
Is it a fair stc;tement to say that you complai.ned
about him often?
No.
What were the responses you would receive upon your
complaining or commenting on ~1r. Ilar.ar>im's column?
I don't recall.
Did anybody say anything neg
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have in your J.ifll a[; being significant.
It wouldn't be si.gnificant, someone else's comment
back to me about something I say.
Do you recall any conversations \l'h
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hostile except being unfriendly, whether it vws
physical contact, just shouting, yelling. I don't
recall anything else Uwt you seem to be tryi.ng to
refer to as a hostile altcrci:ltion.
Q I'm trying to give you the broadest range of
option!> for that definition, sir.
A It's very hard to give you a definitive answer when
you use such a sciltter-gun approach to a subject.
Q Well, as I said before, I'm just trying to get
infornwtion for the jury about situations that you feel rise to the level of a hostile altel_-ci>.tion.
And obviously if you've given them all to me, then
J:'ll. take your word, sir.
A Yes.
Q Do you consider. yourself a violent person?
A No.
Q Do you consider yourself easily riled?
A NO,
Q Do you consider yourself to be calm, cool, and
collected in most circumstunces?
A Yes.
Q Do you belioove you're perceived to be a violent
person, sir?
ll 1 don't know how others percei.ve me.
Q Do you believe you're perceived to be easily riled?
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I don't know how others perceive me.
Do you believe you'n: perceived to bB cool, calm,
and collected in most situations?
I don't know how others p!.?rceive me.
Do you believe or do yol\ recall having any
violent -- not violent. J 'rn sorry. Strike that.
Do you recall having any hostile
exchanges 1~ith your business partners or business
associates at board meetings or other meetings
involving your business interests?
You have yolu typic
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tired and exhausted at those points probably.
Are those the only two t:J.mes, sir?
1'he only two th.t come to mind.
Again, there could be others and you'~:e just not remember.ing them now?
No.
Could there have been others that you just don't
remember, !H. P.atrick?
l don't know. r mean no, and I don't remember.
don't know how to answer that question.
In your first amended original pGtition on file
with the Court you make a number of accusations
against Paul llarasim. And I would like to talk il
little bit about those accusations, okay?
Okay.
Just to let you know whe1:e we're going.
Okay.
In Paragraph v of your petition you claim that !lr.
!larasim' 6 attack caused you serious bodily injury
consisting of a facial laceration and numerous
bruises.
Did the facial laceration c.:lear up, sir?
r probably !>ti.ll have a scar under my eyebrow.
Did the bruises clear up?
Yes.
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Did you have any other physical problems as a
result of the incident of Hay 30?
I had -- r couldn't see out of one eye for a period
of ti.me. Blurred vision. I had pretty severe
headnches for about tht-ee t,Hoeks afterwards.
flow long couldn't you see out of your right eye?
seveJ:al weeks. Very blurred vision.
Do you recall being given a vision test when you
went to the emergency room?
I don't recall.
Could you not see 01t all, or vws it blllrrcd vision?
It was just blurred. was that even with your gle~sses on?
Aro we talking about
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Any other physical problems you're complaining of,
sir?
I was in a lot of pain, yes. That sums i.t up.
Did you take any narcotics for that?
I don't recall.
J:n paragraph -- v1ell, let me go back.
Did you go to the emergency room
immediately after thif incident, ~1r. l.'atr.ick?
At)out three hours, three and a half hours later, I
think.
You stayed until the bar closed, didn't you?
Yes.
You didn't go home and change your. clothes or do
anything like that, did you?
No.
You drove yourself to the emergency room. Is that
true?
Yes.
You were able to give the emergency room technician
a lucid report of what ha00
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in after they had just been married. Is that also
true?
A That:' s not true.
Q Is it not true you shared a glass of champagne with
two of your friends who had visited the club and
were celebrating their marriage?
A Yes. J: had either a half glass or a glass of
champ
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There were various people that came back
and tried to patch me up or stop the bleeding.
Who were those individuals?
There were people at the club, concerned people,
ilnd my wife.
Do you reca.ll their names?
No. 'fhey were stu1ngers.
You don't r0call the names of any of those people?
No, they were just strangers. Again, my wife
primarily took care of me. l don't recall the
other people. l was not t 1100 MtLAM, SUITE 4200
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individuals. And you only list Martin Stbbins as
the individual that ~!r. Uarasim allegedly talked
to. And you say that Mr. llDrasim said tlwt you
stepped on his wife's feet and intentionally bent
her fingers back.
In your slander claim are those the only statements
that you
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individuals. !~ore specifically, Defendant,
Harasim, made several statements to certain
individuals including, but not limited to, Martin
Stebbins. 'fhe substance of these statements was
that Patrick had stepped on the f"'et of llarasim's
wife and intentionally bent her fingrns back.
Is that what that says?
Yes, ma'am.
What individuals other than !~artin Stebbins are you
contending Paul llarasim talked to?
~fell, J: don't kno~1 the specific names of those
people; but he went on the radio in a radio
interview and told that story. And that was on
KPll.C. lind there were probably 20,000 people
listening -- according to their ratings -- at any
one particular moment. And it was probably nm
three or fOUl~ U.noes Uwt duy. So, there's about
80,000 people whose names l don't kno~1 who heard
it.
I know that he told other employees of
the Houton Post .Jay Franks, Ray Buck, Ken
Hoffman. J know he told his employer.s that,
How do you know who he told?
\/ell, they have recanted -- they have said to me at
various t:lmes.
Richer, llornhorl & Probst 0000 MOLAM. SU11'C 4,_()0
KOUSTON. TEXAS 77002
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r don't know. we talk often. So, I don't know.
Well, did you have a specific conversation with Mr.
Franks about this incident and what you're
contending Mr. Harasim said or didn't say?
r don't recall.
What about Bennet l'ischer? What was your first
conversation with him?
l don't recall.
Anybody else other than Ken Hoffman, Jay l"ranks,
and Bennet l'ischer that you believe you may have
had conversations with, but you don't really recall
much about or that you recall anything about?
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record.
(By 14s. Brownfeld) You know, ~tr. l'atrick, can you
help give llS some names of people so that we C
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criminal case?
Yes; he prejured himself and told that lie on the
stand.
MS. BROWNFELD: I'm objecting as nonresponsive.
'rhat was a yes-no (JI.lestion, l~r. Patrick. J's this
the same story that Paul Harasim told during the
crirnim>l trial?
MR. NE'l'TLES: Object; asked and answered.
~IS. BROWNFBJ,)): Let him ans~1er it yes or
no, Bentley.
(By Ns. Brownfeld) \'Ius it the same story that ~1r.
Harasim t:old during the crl.minal trial?
~!R. NE'l"J:'I.gS: I'1u going to object to your
sidebar comments. ll.nd if my client wishes to
clarify an answer, he is within his right to do so.
(By Ms. Brownfeld) J,et's go !Jack, Mr. Patrick.
guestion to you is, and it's" yes-no answer: The
story thut you're basing your slander claim on is
the ::;arne ::;tory that Paul J-larasirn told to the judge
doting his crirnl_Jlal trial_, is11't it?
!le repeated the lie on the witne.ss stand, yes.
You t:old your story on the witness stand during
that crimint~l trial, didn't you, !1r. Patrick?
Yes1 I told tl1e truth.
Richer, Bornhort & Probst
HOUOTON, TOXAS ?700>
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And the judge believed Mr. !larasim. And ~tr.
Harasim was acquitted of all charges, wasn't he?
I have no oo~\ment on that.
Was he acquitted of all charges, Mr. Patrick; or
have you forgotten that as well?
MR. NE~.'l'LES: Objection to the sidebar
comment made in the last question.
J)o you want to repeat --
(By Ms. Bro~mfeld) Was he acquitted of all the
cr.iminal charges brought against him, 11r, Patrick?
I11 the circus that had tiD jury, yes, he was acquitted.
~1S. BROWNFTll,D: I object to the comment
on our legal system as a Circus. I personally take
offense at that comment, Mr. Patrick,
MR. KOURY: The J-lOtlBton Post. lodges thie
objection: Mr. Goeb, as you were reT~inded at the criminal trial, you are to anm~er the g:u.,stions
that ar0 posed to you. Your counsel has the
opportunity to ask you questions at a latti'r time or
today. And we' 11 be happy to afford that to him.
!Jut we object to your editorializing on the question. As the cri.minal judge repeatedly
lm"< 4200
>10USTON HXAS 77002
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1 MR. NE'l''l'l.,ES: I'm going to object to that 2 as being instructions to the witness. Clearly
3 opposing counsel is not authorized to give
4 instructions to my client. If he wishes to put an
5 objection on the record, that is within his right.
G HR. KOURY: 'l'hat is what I lOcl
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I decided to pick on women. They gave me a hard
l:ime on it. It was very embarrassing.
Did you tell them why you did those things, sir?
Well, 1 never did those things.
Did you tell them that, sir?
Yes.
How did thy react once you told them you didn't do
those things?
'l'hey said: l'lell, it sounded kind of strange
because it's not my ch
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1 are customers that come into our store or came into
2 our restaurant.
3 Q When you W
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attorney with, information that would relate to
this?
I don't know.
MS. BROWNFELD: Well., we have an
interrogatory out asking this exact same question.
l\s you know you're under a duty to suppl0memt.
in the event this information pops into your
client's mind and he let's you know, would you
supplement our interrogatories?
MR. NE1"l'LES: I'm sure Ne'll agree to
comply with the Texas Rules of Civil Procedure.
(By Ms. Brownfeld) J:n Paragraph 11 on Page 4, you
contend that Mr. !larasim made the stat~'mentf; about
stepping on his wife's foot and bending her. fingers
back with the intent: eo injtlr.e your reputation.
How do yoo lin0~1 this was his intention?
Well, my only as:oumption can be thut yoo make op '
lie J.i. ke that t:o make the other '"'
look like he's
guilty. And if you make someone else look like
they're guilty, you injure tl1eir reputation.
Did you ev0r talk to Mr. Har.asim about this?
When?
At any time subsequent to the incident, to g0t his
intention in making tlwse stute11H>nts.
l don't think I've ever had a conversation with
Richer, Bomhmt & Probt HOO MILAM. SUtl 4200
HOUSTON, TEXAS 170UZ
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Ilar.asirn since he made those -- made up the lie.
I~S. BROWNFELD: I'm going to ask you,
Bentley, since I'm not going to instruct your
client on how to answer my questions, to refrain
from calling these statements "lies." As was
evidenced in the criminal trial. Mr.. Iiarasim's
statenents were deemed, in fact, to be the truth.
And if he's going to continue every time there's a
qu8stion as to calling thm a 1 ie -- I think the
jury is going to decide in thie cas0 who the littr is. But I'm going to ask you to instruct him to
simply answer the question and not go into his own
little tirades about what he thinks is the truth
and not th tn1th, okay?
MR. NBT'l'LES: Okay. 1 don't think lie's
been going into any tirades. And I think his
characterifwtion of the story is entirely his
opinion, and I think the jury can dif.lc:etn that.
t1S. B:ROWNl,'ELD: I find it somewhat
annoying, but if you don't want to instr.\1Ct him to
be a .little more
I think if you want to
object to it, that would be, you know, more
appropriate.
(By ~1s. Brownfeld) Paragraph 12 of your petition
Rid1ar, Sornhort & Probst "00 MIC~"'. 5UIT. 4OO
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on Page 4, you say that you're entitled to $7.00,000
as dan;ages for injury to your reputation?
A Which paragraph? I'u so~:ry.
Q Parcagraph 12 on Page 4,
A Okay,
Q !low did you derive the $200,000 figure set forth as
actual damages?
A I don't recall right now.
Q Do you need a minute to think about it?
A J?rob
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to having to reschedule this whole tiling f.o~ a
third time.
Additionally you asked for exemplary
damages in the umollllt of $200,000. Was there
anything specific you had in mind when you derived
that $200,000 figure?
I don't recall.
Have you eve!:" talked to Lynn Cohen about the
incidents giving rise to this lawsuit?
Boy, that name sounds familiar; but r can't put j_\:
with a face or time. Maybe you could belp me.
I huve no information other than it's someone you
listed as someone ~1h0 might know about this
lawsuit, and I don't know how.
I don't recall.
JJow about Norma Cullick? Do you r
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Where is Miss Cullick today?
ln Al1Stin.
Is she married?
No. At the time I believe she was duting Jay
Franks of the Post.
Do you kno~1 if --
Or was a fri.end. l'm sorry.
Do you know if she still goes buy l'lorma Cullick?
I think so.
\Vho is Jerry Jackson?
He wus a cu~;torner. lie was one of the people, I
believe, who made comments about the situati.on.
what cowments diO Mr. Jackson make?
!low uncharacter.isti.ca.lly -- of the way the incident
\HIS portrayed in the paper and on the 1:adio. lie
couldn't believe that I would do that, and kind of
shocked by it, surprised by it.
Did Mr. Jackson stop coming to your clubs after
this incident?
Do you know 11r. Jackson'.5 address?
NO.
Do you know hi.s phone number?
IJo you kno~1 wher.e he works?
Richer, 8omhort & Prob! l100 M00
HOUSTON. TF.XAS '1'/0M ?>316500300
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Yes.
Where does he 1vork?
He works at the Sportsmarket.
So, he's an employee now?
Yes.
Did you hire him immediately after this incident?
I no longer own the Sportsmar.ket.
Did you hire him immediately after this incident?
No.
Do you know when he was hi.red?
l think last month or so.
Had you known ~lr. ,Jackson on a fairly social basis
prior to May 30, 1987?
lie was a customer.
How many times did you talk to t
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Do you krlO~I if he has a middle initial or sonoething
that would distingish him, other than !Hke Smith'/
Do you know wlle~:e I could find him?
Probably at the bar.
what does he look like?
Average looking, little overweight, fortyish.
When was the last time you talked to Mr. Suti.th?
I probably saw him a couple months ago.
What was the last time you talked to Nr. Jackson?
Probably a couple of week;; ago.
What did !-like Smith and you talk about ~lith regard
to this incidtont? lind by "this incident." l
mean --
I can't remeJJlber the specifics, just tl1at we
discussed tl1e issue.
What did you discUSiJ?
I don't. remembt'r t.hc specific:s.
Well, did he tell you that hG had hea1:d anything on
the u1dio or U"ad anything? Vlilat was the gist of
tlw conven;ations, Mr. Patrick?
I can't remember t11e specifics.
Did Nr.. Smith stop coming to any of your bars as a
result of anything he had heard or. the:,;e illledgeclly
slanderolls statcwc,nts made by !1r. Harasim?
Richer, Barnhart & Probst LOOO MILAM, SUfTE
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A I don't think so.
Q Did you ever have a conversation with anybody after.
you told them your side of the story that they
refused to believe your side of the story or
otherwise seemed to appeotr to hold a grudge against
you based on the activities that you're claiming
you didn't parcticipate in, i.e., stepping on Mrs.
Harasim' s foot or bending her fingers back?
A There were quite a few people who when I gave my
!Oide of the story, becallse they believed everything
they read, they felt, ~1ell, it wouldn't be printed
if it weren't true. Or it wouldn't be on the radio
if it weren't true. And why would Harasim lie
about it?
I know that my -- you know, it greatly
affected the nightclub, put that out o[ business.
And our business at the Sportsmarket ln Rice from
that point forward did nothing but get worse.
~lS. BROWNFELD: I'm going to object to
the last three sentences as nonresponsive.
A I thought I answered your quGstion.
Q Do you remember the names of any of these people,
sir?
II No.
Q You can't give me a description of any of these Richer, Bomhorl & Probs!
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people that told you that they still, despite yolH
side of the story, refused to believe you and
wouldn't do business ~1ilh you or wouldn't come to
any of your bars?
You have to understand, counselor, that you arce
talking about hundreds and hundreds of customers
that come into the bar. And :t don't know all of
their first and last names or many of their first
names.
Did you have conversations with hundreds and
hundreds of customers, Nr. Patrick?
Sure, yes.
About the May 30th incident?
1 don't know about hundreds and hundreds about that
specific instance, bot many people.
How many customers did you have conversations with
about the May 30th incident who refused to frequent
your bar after that?
I don't know.
Well, do you remembeL- one specific conversation?
I mean, I can't remember a specific conversation.
It was the talk of the town for. u couple of weeks
thereafter because of the publi.city the Post gave
it.
What publicity did the Post give it, Mr. Patrick?
Richer, 8amhal1 & Probs! 1100 M
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Well, they ran the article on it. 'l'hey allowed
Harasim to go on tile r
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(By 14S. Brownfeld) You can answer it.
l can't be specific.
How long had the Nice-n-E.Z. Club been open on !~ay
30, 1987?
About 90 days.
Were you running in the black or in the red at that
point?
It was pretty close. I think we probably might
have bee>n a little in the black 1 might have been 00
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was open?
Yes.
Was it operating in the black or the red? In other
words, were you making a profit or were you
operating at a loss?
'l'hat particular tlme and period, we might have been
operating in the black. I'm not su~:e.
What about the other Dan & Nick's Sportsrnar.ket?
Those weren't operating at that point.
In Paragraph 16 of yollr first amended original
petition on Page 6, you say that you are entiU.ed
to $500,000 in actual damages as a result of the
loss of customers, none of ~1hich you could name for
us, to the Nice-n-E.Z. Club, How did you come to
the $500,000 figure set forth there in Paragraph
167
'l'hat figtu:e is probably low. rt could have well
been a million.
How did you get to that figure, sir?
I believe by estimating the revenues that we 1wuld
have done had we been ablt to stay in business for
a
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So, w~ expected it to stay in business quite a
How long did Pan & Nick's Sportsmarket on Gessner
stay in business?
A year and a half, maybe.
In calculating the $500,000 figure set forth on
J?age 6, were you able to differentiate the effect
that Robert Reid's decision not to participate in
the club had on the club going out of business from
the effect you contend Mr. Harasim's statements had
on your business?
Well, they're intertwined.
Do you have any books or records to support the
~soo,ooo figure?
I think we p~:obably should huve a tax return. If: I
recall, we were doing about 40 to 50, $60,000 a
month in business.
Do you have an audited tinancial statement?
We bave a financial statement. I don't think it's
been audited. And again, I'm a5suming that we do.
l don't know. I would have to check with our.
accountant.
And your accountants wer.e who for the Nice-n-E.Z.
Club?
Ron Briggs.
Richer, Bomhart & Probst 1100 MILAM, SUiY~ 4>00
HOUSTON. HJiA5 77002
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Pardon me?
non Briggs.
Where is 14r. Briggs' office?
Rosenberg, Texas.
That's right.
I might also add that 500,000 reflects all the
money we lost. Not just revenues, but putting into
the business, building up the business, equipment,
et cetera.
I object as
nonresponsive.
X thought you asked me a question.
On Page 0 of your first amended original petition
you detail a llllmbGr of scllemes that were going on,
according to you, at the Houston Post which caused
you embarrassment, disappointment, worry, et
cetera, et cetera.
What involvemc;mt did Paul llarasim have in
the Channel 2 News scheme that you deU>il there'/
Let me take a moment to read tllis.
I don't thi11k we alleged Harasim was tied
into the Channel 2 scheme.
So, your. iHlswer is: No involvement?
X think the way-- let's read this. We're talking
about just a scheme on the Post to humiliate and
Richer, Bornhort & Probst :
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degrade and embarrass me.
My question, Mr. Patrick, is: What involvement did
Mr. Harasim have in that scheme?
I don't kno1;.
Well, do you know that he bad any involveJnent in
that'r
r don't know.
can you think of an instance where he h101d any
involvement in any of these schemes?
Well, there was obviously a plan to humiliate and
embarrass me, just in his column alone, over. a
short period of time, with all the negntive stories
and lies.
Do you believe that was part of the scheme, sir?
Yes, I believe that was all part and parcel.
Did Paul llarasim have any involvemE:nt with
conversations, or to use your ~lord, schemes
involving Ray Buck as far as you know?
I don't know.
\1hat about a situation that occurred at the 1980
Super Bowl that you set forth in an answer to one
of your interrogatories involving John Steadman and
Dale Hobertson? Do you knOI> of any involvement
Paul Harasim hnd in that?
1 don't think he was at the Post at the time.
Richec, Bomhar! & Probst 1'00 MII.AM. SUIW >M
HOU$TON. TCXAO 7?002 7101650 0300
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What about some conversation that you allege
occurred between Mr. Hand and a stetardess? Mr.
Harasim wasn't involved in that, was her
l don't know. I don't think so.
And in 1979, allegations you made that unfavorable
things were written about you, that didn't involve
Mr. Harasim either, did it?
t4r. Patrick, do you believe that pr.ior to the
statements that you're contending injured your
reputation you had a reputation ac being an honest
person'l
Yes.
Do you believe that you no longer have that
reputation?
I think my character has been questioned greatly
because of the things that Har.asim wrote and the
Post has said.
1' m speaking specifically now abOllt the tloily 30,
1987 incident.
Yes; I think my reputatjon ha~. been t:ar.ni-">he
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Q Do you believe that prior to May 30, 1987, you had
a reputation as being a truthful person, sir?
A I think so.
Q Do you think that that reputation has suffered?
A Yes.
Q Do you think it's suffered as a result of the May
30, 1987 --
A Absolutely.
Q incident?
Again, it would be helpful to let me
finish my sentence.
A I'm sorry.
Q Has anyone come up to you and told you that they
think you're dishonest or di.struthful because of
the comments that you believe Paul llarasim made
that has i.njlned your reputation?
No; but you can sense how people deal ~1ith you and
renct to you on a different m
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comments that Mr. Harasim allegedly made that have
injured your reputation? I. don't recall specifically.
Well, if someone had come up to you and said that
they thought you were dishonest or untruthful,
isn't that something yoll might remember, Mr.
Patrick?
You re trying to put words in my mouth. ll.nd again,
I can't specifically recall. Someone may have
said and since this is on the record for tile
jury to hear, I want to be very careful and very
ti"uthful. lind I can't recall exactly.
Hy question ~1aro:: If someone had callGd you
dishonest or untruthful, isn't that a significant
enough statement that you would probably remembe1:
it?
It bas been alluded to so often, no.
By whom was it alluded to?
By a lot of people who question the truthfulness of
me in this incident, including business partnez:s,
including --
Which bu.5iness partners alll1ded to your dishonesty
or lack of truthfulness as a result of the Nay 30,
1987 incident and the comments Mr. Harasim made
after11ards regarding his side of the story?
Richer, Bornhort & Probst "00 MtLAM, .UITC 4200
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MR. NE'!'T.LES: I'm going to object. I
think it's as important for you to all.o~1 him to
finish his answer as it is for him to allow you to
complete your question.
!1S. BROWNFELD: Could you read him the
question back, please?
MR. NE1"1'l,ES: At this time, if he has any
further thing he would like to respond to to the
last question, I would like for him to get an
opportunity to respond so -- when you cut him off.
llS. BROl1Nl"tiLD: Okay. l didn't mean to
cut you off, sir.
If you want to read the next to last
question back, let's go from therE>.
(The following was read:
"Question: By whom was it alluded to?n)
(By Ms. Brownfeld) Do you have any other answer to
that?
It was business partners, strangers, customercs.
Which business partners?
As I've said before, I believe Robert Reid, that
was his reason for stepping aside, Bennet Fischer:
has alluded to it. But specifically I can't give
you names.
MS. BHOWNFELD: Could you read my
Richer, Barnhart & Probst >COO MOCAM SU>TC 4200
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question back now?
Is that a full answer to the question your attorney
said I cut you off on? Because l .,ure don't mean
to do that.
I think so.
{The following WU" 4"00
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it's Interrogatory No. 11, vlhich you don't have in
front of you. And I am looking tor a copy to give
you. ll Monday, February 16, 198'1 late afternoon
conveu;ation between Jay Franks and yourself. Po
you know if you ever tape-recorded any of that
conversation or any otile1: conversation between yo\1
and anybody at the Post?
r would have to check.
Oo you have any tape recordings or other recordings
of conversations between up and Paul Harasim?
No, I don't think so.
MS. BROWNl'BLD: We're going the make a
formal request for any conversations between Mr.
Patrick and Paul Harasirn or anyone at the Post,
just to let you know; but we'll get \:hat on file
probably this afternoon.
MR. NETTLES: Okay.
(By Ms. Br.ownfeld) Do you fr.eguently tape-record
your telephone conver.r;ations, Mr. Patrick?
No.
How was it that you came to have a tape recorder
attached to your telephoner
\lhen you say how was it that X came to do that, do
you mean
What prompted you to do that?
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Just to make sure that no misunderstandings are
done on maybe son"" business deals. I think that
would be the primary reason.
Do you typically tell the person you're speaking
with that you have a tape recorder on your
telephone?
Normally.
That you may be taping their conversation?
Normally. \1e' re talking -- juBt to clarify this l~aybe three taped conversations in ten years.
mean, it's not 8Dn1ething 1 normally do.
What would prompt you to do it?
If I thought it was something important.
Do you think your conversation with Jay Franks in
1987 was important?
I don't think that ~1as taped because he called ue
at the restaurant or at the Nice-n-E.Z. Club.
lf it wasn't taped, how was it that you have a
verbatin1 transcript of the conversation listed in
YOtH interrogatory re!>"ponses, siL-?
Some things in your mi.nd just really stick out and
some things don't, i.n life. And that particular
phone call, I can almost hear it and see it as it
wa., yesterday. J can tell you e:xactly where I w;~s
standing when the call cante in because we were
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readying the opening of the club. And also because
of the nature of the call, because it was so out of
cha~:acter for Jay to call me ilnd give me that
information.
Q So, in response to Interrogatocy No. 10, wherein
you set forth a ve~:batim transcript of the
telephone call that happened almost two years
before you answered th interrogatory, you were
able to re1nenober that sufficiently to put it in
quotes. Is that what you are telling us?
~1R, NWl"l'Ll>S: I'm going to object to the
term being used as "verbatim transcript."
Apparently
MS. BROI~Nl'ELD: It is. It's in quotes,
Bently. 'l'he whole thing lS in quotes. Here it is.
1 don't want to give yoo my copy because I've
written 00 it I boC Che whole thing ie in quotes.
Aod we can gee 0 clean copy eod attach " ""
Exhibit 3 ' just eo make things easier ood '"
that
your client can look at it. But it is i11 quotes,
and that indicates a verbatim transcript to me.
lind X'rn just wondering how ~1as it ~\r, Patrick could
remember that conversation by heart and can't seem
to remember hardly anythi.ng else here today. And I
suspect there's probably a tape somewhere. ll.nd of
Richer, Bo