in Re Solid Software Solutions, Inc., D/B/A Edible Software ( 2015 )

NO. 01-15-00267-CV
FILED IN
1st COURT OF APPEALS
IN THE COURT OF APPEALS HOUSTON, TEXAS
FOR THE 1ST JUDICIAL DISTRICT OF TEXAS
3/25/2015 12:01:47 PM
AT HOUSTON CHRISTOPHER A. PRINE
Clerk
IN RE SOLID SOFTWARE SOLUTIONS, INC., d/b/a EDIBLE SOFTWARE
Original Proceeding from the 215th Judicial District
Of Harris County, Texas
Trial Court Cause No. 2013-74668
RELATOR SOLID SOFTWARE SOLUTIONS INC. d/b/a EDIBLE
SOFTWARE’ S APPENDIX E-F TO PETITION FOR WRIT OF
MANDAMUS
Gregg M. Rosenberg
Texas State Bar No. 17268750
Tracey D. Lewis
Texas State Bar No. 24090230
ROSENBERG SPROVACH
3518 Travis, Suite 200
Houston, Texas 77002
Telephone (713) 960-8300
Facsimile (713) 621-6670
gregg@rosenberglaw.com
Attorneys for Relators
TABE
2/26/2015 4:50:26 PM
Chris Daniel - District Clerk Harris County
Envelope No. 4304972
By: GAYLE FULLER
Filed: 2/26/2015 4:50:26 PM
CAUSE NO. 2013c74668
ANDREA FARMER § IN TBE DISTRICT COURT OF
Plaintiff, §
§
v. § BARRIS COUNTY, TEXAS
§
HENRI MORRIS and SOLID SOFTWARE §
SOLUTIONS, INC. d/b/a EDIBLE § ~
SOFTWARE § 215TH JUDICI``ISTRICT
~a
Defendant.
0~
DEFENDANTS' REPLY TO PLAINTIFF'S RESPONSE T " FENDANTS' MOTION
'~
TO DISMISS OR ALTERNA
TRADITIONAL MOTION FOR SUMM JUDGMENT
ffJ
COMES NOW, Hel11i Mortis (''Defendant ``) and Solid Software Solutions, Inc.
d/b/a Edible Software {"Defendant Edible Softw`` collectively ("Defendants"), h1 the above-
styled and numbered cause of action, filin``eply to Plaintiff's Response to Defendant's
Motion to Dismiss or, alternatively, `` for SI!111maty Judgment on Plaintiff's claims of
ocr
assault and invasion of privacy on t~sis of Defendants' affinnative defense oflimitations and
0
failure to adhere. to the TCHRA~11inistrativt: requirements.
Ul!;di~ I. INTRODUCTION
Plaintiff's respo~ does not question any ofthe facts applicable to Defendants' bases for
;!£,@" .
.its Motion to. Di~or altematively its Motion for Summary Judgment. Instead, Plaintiffs
g
factual and ~sertions urge this Court lo iguore the filet that Plaintiff did not plead a claim
of sexual assault because the requisite elements are not present based on the facts of tlus case and
Plaintiff's own testimony. Plah1tiff attempts to characterize Defendants' Motion as "cynical"
and "delusional" however, Defendants have taken the cle. \4.
2 Tex. R. Civ. P. 45(b).
2
petition is fiat a license to read into i:he petition a claim that it does not contain. TI1e petition
must give fair and adequate notice of the claims being assetied. If it cannot be reasonably
inferred that the petition contains a given claim, then the claim cannot be somehow created to for
instance, avoid a statute of limitatiOJts defense. 3 As will be further explained herein, the five
year statute of limitations for a suit for perso11al injury is applied only when 'll» injtuy is as a
~'0·
result of conduct that violates sexual assault, aggravated sexual assault, c~uous sexual abuse
of a young child or childroo, 1:rafficki11g of persons, or compelling ``tution. 4 Plaintiff now
~
claims thatthis is a sexual assault action but has pled nothing t~ Defendants fair notice that
such a claim was being made. Therefore, Defoodants' t"~ the claims at "face value" is
o~"'
exactly il1line with what the Texas Rules of Civil Proced~nmtdate.
Plaintiff pled the following: ?5}
o~dl
Defendant MORRIS intentionall)b~sed physical contact with
P. laintiff FARMER directly a11d~:fhrtll·gh the instrumentality of dmgs,
while he knew or should reasol't lmve k.nowfi that FARMER would
find that contact offet1sive or~ ocative. 5
Assault occurs when: ~
~ontact
A person int.er.1tionlJ!'liYQr k.n..owiugly .. causes p.hy.sicaJ
another when t11e ~n knows or sl;ould reasonab~y believe that the
witl1
ot11er wtll regaft»~'tontact as offenstve or provocatt.ve. 6
The Plaintiff's petitio!l ~·ors, almost exactly, the lm1guage of assault, not sexual assault.
~
In suppo~1et: proposition t11at §16.0045(a)(l) should apply in the instant case,
©i
Plaintiff oit~tephanie M v. Copti¢ Orthodox Patriarchate Dioce$e o.f S. U:.S., 362 S.W.3d
656, 659 (Tex. App. -Houston [14th Dist.] 2011, rev. den'd). First, in Coptic Orthodox the
issue was, "whet11er the five year statute of limitations applicable to petsonai injury claims
~ Flowersv. Flower:;,407 S.W.3d 452,451-458 (rex. App. -Houston, 2013).
4 Tex. Civ. Prac. & Rem. Code §16.0045(a)(l)-(5).
5 Pl.'s Original Petition, .at 11 l.Q.
6 Tex. Penal Code §22.01(a)(3).
3
arising as a result of sexual assault applied only to suits against the pe1petrator of the sexual
assault, not to suits against third-parties who are alleged to have negligently supervised the
perpetrator or negligently failed to institute policies or procedures designed to prevent such
behavior.'' 7 That is not the issue here. Defendants have asserted in their motion to dismiss or
alternatively motion for summary judgment that the two-year statute of ]~lions applies
~!}"--
because this is a civil assault and invasion of privacy claim not a sexual a~ claim.
Additionally, the petition in Coptic Orthodox clearly put theo~ndants in that case on
~
notice that th(;l cause of action was for sexual assault, not asQ~ Specifically the plaintiff's
petition read as follows under "cause of action": ,~
0~
Upon trial of this case, the evidence will ~ that Stephanie M.,
whose date of birth is Nowmber 24, 1986~as sexually assaulted, as
defined by §22.011 of the Texas Penal oC~e, in Harris CoU!lty, Texas,
byDefendant. .. 8 ~
~
In the Appellate Court's opinionr:g,~g the trial court's grant of the defendant's
1liotion for summary judgment based op,..,~tute of limitations, tl1e coort did state that "talcen
!f:JJV!g
together, the provisions of section t~45 unambiguonsly show a legislative inte!l.t to provide
victims of sexual assault ... mo;r_~9me to seek dan1ages for their injuries."9 The key phrase in
``
that conclusion is ''sexuaJU$Sj\jft." In this case, Plaintiff did not plead sexual assault and does
not assert facts to fal10 ~r Section22.01I(a)(l)(A) of the Penal Code which Plaintiff claims is
~
applicable. 10 lrtst~qlaintiff asse1is language that mhmrs the civil assault elements and/or
iQ
cause of acti``
7 Stephan.ie M. v. Coptic 0!'thodax Patriarchate. Diocese of S. U.S., 362 S.W.3d 656, 657 (Tex. App. - Houston
[14th Dist.]20U, rev. den'd).
8 Stephanie M. v. Coptic Orthodox Patriarchate Diocese afS. U.S., 362 s.w. 3d 656, 657 (Tex. App.- Houston
[14t11 Dist.] 201l,rev. den'd)(Second Amended Original Petition, NO. 2008-523&2, at p.2), Ex. A.
9 StRplumie M. v. Coptic Orthodox Patriarchate Diocese of S. U.S., 362 S.W.3d 656; 659 {Tex. App. - Houston
[14th Dis!.] 2011, rev. den'd); see also Pl.'s Resp. to De£'s MllvlSJ at p.. l3.
IOp].'s Resp. to Def.'s MIMSJ, atpp. 16-17.
4
Plaintiff indicates that Defendants "never once" cited the statute, Texas Civil Practice &
Remedies Code Section 16.003(a) in its Motio11 to Dismiss and Motion for Summary Judgment
to imply that Defendants did not cite to the statute because it does 110t apply. This is simply not
the case. Interestingly, .although Plaintiff does not apply that same assertion to her own Petition
which also does not once cite the Texas Penal Code for sexual assault, SectiliJ>=22.001{a)(l) ,
ijv
even though she goes to great lengths to convince this comt that it somehcQould apply now in
~
order to .avoid the correct, two year statute of limitations for her as~nd invasion of privacy
causes of action. ``
B. Civil .Practice and Remedies. Code §16;0~.45(..a) is i``Iicable to the facts ofthis case
and therefore the five-year statute ofllll11tal;ions~ot apply.
Plaintiff now asseJts that this case is "clearly #Ilj)ted by the provisions of Civ. Prac. &
Rem. Code §16.0045(a) which provides for an ~ble five (5) year statute of limitations.''11
First, Plaintiff admits that her petition asseti~as ofactlon f.or assault and invasion of privacy.
Now, in order to avoid the stahlte of lhni~ons of these claims, Plaintiff suddenly asserts that
:t:JJ"@
"her claims fall more reasonably o~he parameters of Civ. Prac. & Rem. Code §16.0045(a},
which provides fcr a five (5) ye~mitation period in cases involving sexual abuse.. .'' 12
(a) A persoil must;b~suit.
for personal injury not. later than five years after the
~y the caus``ction accrues if the injury arises as a result of conduct that
vwlates; o r!fi}
Q
(I) S * 22.011. Penal Code (sexual assault). 13
~rg
Section22.0~fthe Penal Ccde, "Sexual Assault'' states in pettineilt prut as follows:
A person commits an offense if th.e pe1·son:
(1) inteJJtionally or knowingly:
11 PL's Resp. toDef.'sMIMSJ, atp. 12.
12 Pl.'sResp. to Def's MJMSJ, atp. 14.
13 Civ. Prae. & Rem. Code §l6.0045(a)(l) (West 2015).
5
(A) causes the penetration of the anus or sexual organ of anotl1er person
by ru1y means, without the person's consent;
(B) causes the penetration of the mouth of Mother person by the sexual
organ of the actot, without the person's consent; or
(C) causes the sexual organ of another person, without the pc!"son's
consent, to contact or penetrate the mouth, anus, or sexual organ of
anotl1er person,including the actor ... 14
that Plaintiffhas alleged occurred. Additionally, Defendm1ts are not
*
Defendants are not attempting to ignore fue facts of fue case or diminish or``spect the events
bl~the Plea Agreement
signed by DefendaJJt Morris and/or tl1e Superseding Indictment in
· . . o{f77
``imina! case. However,
as is necessary aJJd appropriate, Defendants must apply fue laQ it stands to the facts as they
are in this case.
¢~
.·~
state``e Civil Practice & Remedies Code
The five year statute of limitations as
§16.0045(a), on which Plaintiff now intends to~s only applicable if tl1e injmy to plaintiff
arises as a result of co11duct that violates Se~Q2.011 of the Texas Penal Code. Plaintiff even
admits tllis and refers to the reqliiremen~flenetration of the sexual organ of another person by
any meaJJs, without that person'``ent. 15 Plaintiff attempts to gloss. over and ignore the
meaning of "sexual assault" a~e elements necessary for a person to be guilty of suc!J offense.
Tims Defendm1ts will adt:Feaeh in tum to show fue inapplicability to the causes of action
herein and. therefure QI~ason why Plaintiffplead. as.sault m1d invasion of privacy not personal
~
injury caused by~ assault as she now claims.
g
Sex~ult with regard to Civil Practice. and Remedies Code §16.0045(a} is governed
by the defi1lition contained within Sectimi 22,Dll of the Penal Code as clearly delineated within
its text. TI1erefore, as Plaintiff is not a child, in order for § 16.0045(a) to apply, Defendm1t would
14 Penal Code §22.01J(a)(l)(A)-(C) {West 20l5)(Note: Defendants Qid not include the text of §22.Qll(a)(2)
because it applies to a child and.is therefore inapplicable in this case).
15 Pl.'s Resp. to Def.'s M/MSJ atp. 16.
6
have had to cohlmit sexual assault under Section 22.011(a){l) of the Penal Code.
As to the. first two ways to meet the requisite element of sexual assault, "penetration" is
required. In her recitation of the facts, Plaintiff states that she felt certain that "she was
physically violated because she had redness i11 her vaginal area and bruises on her a1m and "hip
area" Although she did not feel she had been raped, she felt like .she had "b~touched" a11d
@
she was sore in her "female regions", especially on the outside."16 Specifi~, Plaintiff testified
~
as follows: 0~
~
Q: ... Do you believe you have been sexually violate~
A: Yes. .~
0~
Q: In what fashion? ifij?
A: I was having pictures taken of me w~tl"~
~·
clothes oft:
Q: Okay. Anything else !hat wo,~ad you to believe you had been sexually
violated? ~u~-
A: I felt like _J had beenlike``1ed, but not like- like it didn't feel like anybody
had sex w1th me. tdP
Q: but I was l!ke kind ~e in my female regions.
A: You believed y~re sore in yDur female regions.
©>"'
Q: Yeah - h~Y- like on the outsideY
Plaintiff's ~·~tilnony h1dicates.that no penetratibil as set forth in Texas Penal Code
~
o
.
Section 22.011~ A) or (B) took place. Plaintiff also offers no facts to support an offense of
sexual assau~der Section 22.011 (a)(1 )(C). 18
16 Pl.'s Resp. to Def.'s MSJ, at p, 7 (citing Farmer Dep., at99:12-22),
1' Fanner Dep., atpp. 9~:20-100:10, Ex. B.
7
In evaluating a similar situation where the plaintiff did in fact plead assault and sexual
assault but the facts revealed tbat the statute of limitations had e:>.'Pired on the assault claim and
the alleged actions of Defendants did not meet the elements and/defmition of sexual assault in
the Texas Penal Code, the court determined that the defendant's motion fot sui11mary judgment
on those grounds should be granted with prejudice. 19 Similarly here, Plaint~annot
i}~y
simply
avoid the two-year statute of limitations for personal injW'y although ~oes not meet the
~
requisite elements for sexual assault in which the five-yem· statute of l~tions would apply.
"~"'-.
Plaintiff incotTectly cnncludes that, "Ms. Fanner ma~ry clear in both her FBI
statement at1d her deposition t(lstimo)IY that her vaginal regia"~:; red and sore, indicating to her
0~
at least some degree of penetration, although she did ~elieve she had been raped."10 As
outlined in ti1e excerpted deposition testimony of j,>lsff above, she did not say that there was
tf!"
"some degree of penetration." Plaintiff now 1~ this faqtually baseless cnnclnsion tb attempt
to push her claims into §16.0045 to avoid +dants statute of limitations defenses.
Plaintiff cites to Mayzone ~.1/!sionary Obliates ofMary Immaculate of Texas, to
$Upport its assertion that a five y~tute of li111itations applies where the plaintiff btings suit
for personal injury caused ``nal assault or aggravated sexual assault.21 However, in
Mayzone, plaintiff Ma~"led a lawsuit alleging that he was sexually abused by Defendant
when he was a mi``refore, the claims asserted therein were related to Section22.011(a)(2)
as to ti1e sext``a®lse of a minor child. The, instant case is clearly distinguishable ;fi·om sexual
abt)Se of a 6~
-----·------
19 Ccu-r"ion v. A..rawi, No. DC1403691, 2014 WL 6682548 (Tex. Dist.- Dallas County, Nov. 10, 2014)(dting Tr. Ct.
Order, 101" JudicialDist), Ex. C.
'0Pl.'s Resp, to Def.'s M/MSJ, atp. I 6-17(citingFarmer Dep. 99:20-100:7).
21Pl.'s Resp. to Def."s M/MSJ, at p. 19 (citing Mayzone v. Missionary Oblates qfMmy Immacu]JJte of TeJ({IS, No;
04-13-002.75-CV, 2014 WL 3747249, at *3(Tex. App.- San Alltonio, July 3, 2014).
8
As to Plaintiff's ilwasion of privacy claim, Plaintiff asserts that the "claim is a pari and
parcel of her sexual violation."22 It seems that Plaintiff is trying to assert that the invasion of
privacy claim must then have a five-year statute of limitations instead of a two-year limitations.
As set forth in Defendant's Motion, the ii1vasion of privacy statute oflimitation is clearly stated
within Texas law as being two years. The fact that nude pictures were taken oi'5P'hintiff does not
. ``
suddenly extend the two year statute of limitations on an invasion Qivncy claim, and
Plaintiff's point to. no. case law stating same. In fact, in Wood v. ~r Magazine, Inc., 736
~
F.2d 1084 (5th Cir. 1984) plaintiff and her husband brought a~ against Hustler magazine
alleging invasion of her ptivacy when it published a nude ,&to graph of her. In finding that
o:!f!jF
Toxa$ law applied to the case, the Court determined ~-year statute of limitations for tl1e
invasion of privacy claim. "Texas courts constn,Je ~es of limitations strictly, 1·eqt1iring tllat
O~JI
an action be specifically excepted in order~void application of the general statute of
limitations.'>23 Similarly here, the two-ye~tute of limitations mnst apply as Plaintiff's claim
is clearly pled as "invasion ofptivacyt"0@!
Plaintiff's sudden relianc{]l.~ex. Civ. Prac. & Rem. Code §16.0045 is simply an
attempt to defeat Defendants' J~ations defense ahd a futile
©~ .
attempt to utilize the extended five-
year statute to bring ass~Yd invasion ofprivacy c1 aims under tl1e purview of sexual assault.
C. The Statu~#nitations should not be Tolled
Plaintiff'~rtion of fraudulent conceahnent as an affinnative defense to a statute of
.`` .. .
JimitatiO\Js IS::;i;l!isplaced ru1d inapplicable to t11e instant case. Plaintiff claims tl1at fraudulent
conceahnent makes her invasion of privacy claim timely even if the Court wete to. apply the tWo-
year statute of lin1itations because Plaintiff allegedly "leat11ed of the photos ru1d what they
21 Pl.'s Re•'P· to Def. 's MIMSJ,
atp. 17.
:n Wood v. Hustler Magazine, Inc., 736 F.2d i084, 1089 (5th Cir. 1984).
9
showed only after the FBI seized th.em ft·om Morris and showed them tO her in May, 2012. "24
This assertion is without merit
Fraudtdent concealment is based upon the doctrine of equitable estoppel. If proved, the
defense of fraudulent concealment estops a defendant fi·omrelying on the statute of limitations as
an affinnative defense until the plaintiff discovers or, through reasonabl``gence, could
. ~
discovqr its cause of action? 5 Therefore, under the facts of tl1e. pr~ case, Defendants
challenge Plaintiff's fraudulent-concealment defense, and in es~1er equitable-estoppel
defense. 866 S.W.2d 740, 747 (Tex. App. 1993), writ
denied (Apr. 28, 1994).
31 Doe v. Roman Catholic Archdioceses ofGalvestOJlc Houston ex rei. Dinardo, 362 S.W.3d 803, 814(Tex. App.-
Houston [14th Dist.] 2012.
>2 Pl.'s Re-'lp. to Def. '.s M!MSJ., at p. 21.
1.1
Plaintiffs asseJiitm that Defendants have. waived their right to file a motion to dismiss in
this case based on the affirmative defense of limitations pursuatlt to Texas Rule of Civil
Procedure Rule 91a is flatly incon·ect. Texas Rule of Civil Procedure Rule 9la states;
Except in a case brought under the Family Code or a case govemed by
Chapter 14 of the Texas Civil Practice and Remedies Code, a party may move
to dismiss a cause of action on the grounds that it has no basis in law. ~ct.
A cause of action has no basis in Jaw if the allegations, taken as ~ether
with inferences reasonably drawn fi·om them, do not entitle the c!aY~tto fue
relief sought. A cause of action has no basis in fact if no re~ble person
could believe the facts pleaded. 33 ~
0~
The clear l!tngoage of Rule 91 st::ttes that a party may move to~iss a cause of action on the
n&
grounds that it has no basis in law or fact. Rule 91 does n~.-ndate that a patiy tl1nst take this
action pui'snant to tlus rule. Plaintiff claims tllat a ``a motion to dismiss is the proper
vehicle to assert an affit1native defense of limita~ 4 Then Plaintiff attempts to stretch this
F~
assertion to cover her own creative assertit\uaat this automatically means that a motion to
dismis.s at any other time is suddenly "uni:iMy." This is not the scope of Rule 9la. Instead the
rule is a vehicle to provide an expe~ay to get fue court to review a baseless claim early on
co~ust grant .or deny tlte motion within 45 days and is not
in tlte litigation because fue
-``· before ruling on the. motion. Altematively, Defendants
tcqnired to even conduct U``1g
. 5
5
also asserted such affi1!J~tive defense in its. motion for sununary judginent which is also a
o%,(!JF
proper vehicle for~defenses.
E. The `` is the appropriate . vehicle for Plaintiff to bring a cll!inl against
Defe~nt Edible however she fail~ to do so and is now precluded pursuant to its
administrative requirements.
llTex. R. Civ..P. 91 ~.
34Pl.'s Resp. to Def. 's M/MSJ, at p. 24.
"Tex. R. Civ. P. 9.1 a.
12
In response to Plaintiff's assertion that the TCHRA only applies to "actions in the.
workplace which implicate the conditions of employment" Defetidants. first assert that the
location of the sexual actions being on business trips does not negate the applicability and
subsequent administrative requirement of the TCHRA. In Dorn Hecker v. Malibu Grand Prix
Corp., 828 F.2d 307, 308 (5th Cir. 1987), the district court found for a plainti~1ployee who
resigned because of sexual harassment that involved the following inci~\at occuncd m1
out-of-town business flips; (l) a marketing consultant hired by Mali~d sent on a business
.~
ttip with plaintiff employee put his hands on her hips in an ai~cket line and dropped his
pants in front of the passengers while waiting to board the aWt;ne, (2) he touched her breasts
¢``
and (3) he put his stocking feet on a cocktail table d~y in front of her and "playfully"
choked her when she complained. The plaintiff in Pt!!JY!Iecker filed suit for sexual harassment
pmsuant to Title VII and the court consideretJ``uch although the actions took place away
fi•om the actual woi'kplace while oil busine~ps, analogous to the.incidents in the instant case,
In Gazda v. Pioneer Chlor Alkall Co't{f/J!! 10 F. Supp. 2d 656, 665 (5th Cir. 1997) the plaintiff-
employee was subjected to unwm``exual conduct While on a business trip and such actions
were evaluated hy the Court ·~ Title VU sexual harassment. All ofthe incidents related to
~
the case took place on ~Jness trip away from the plaintiff's usual workplace however, this
did not negate th~#ation of Title VJI sexual harassment claim. 111erefore, Plaintiff's
assertion thatth``ed sexual actions took place "outside the workplace, in fact in a remote
state" are h``levant.36
Seco11d, Plaintiffs assertion that tl1e TCHRA has no application here is also without
merit especially to Defendant Edible Software. Jn Wciffie House, Inc. v. Williams, the Texas
Supreme Court held that "employer liability for unwanted sexual touching by a coworker
36 Pl.'s Resp. to Def.'s M/MSJ, at p. 31.
(simply assault under Texas law given its 'offensive or provocative' nature) is limited to a
tailored TCHRA scheme that specifically covers employer liability for sexual
harassment." 37 Plaintiff contends that this is manifestly distin&itlishable be.cause "Monis didn't
abuse Ms, Fanner to "affect a tangible aspect of the employment relationship."38
To affect a term, condition, or privilege of employment, the harassme~ust be
sufficiently severe or pervasive to alter the conditions of the victim'``loyment
and create an abusive working environment. The alleged conduc~ust be both
objectively offensive, meaning that a reasonable person woul~ ~ it hostile and
abusive, and subjectively offensive, meaning that the vic~rceived it to be
so." Further, it is examined under a ''totality of the cir~nces" test, which
considers "the frequency of the discriminatory conduct~ severity; whether it is
physically threateni11g. or hmniliating, or a me.re of.il~
~. utterance; and whether
it unreasonably interferes with an employee's work onnance. 39
{{{fj
Plaintiff misstates th.e meaning of "affect a term, c~tion or privilege" of employment by
``
stating that the conduct that forms the basis o``tiffs claims must not be applicable to the
TCHRA because Defendant Monis did n~Qe such actions with the intention to make an
0
eJnployrnent decision or affect a con£1;;1>hm of her employment TI1is argument is in fact
tlf
nonsensical. There is no require1~at there be evidence that the employer "intended" to
make an employment decisi~r affect a condition of her employment. TI1e key is the
conditions imposed, 11ot ~mployer's state of mind.40 Here Defendant Morris' unwanted
sexual touching, as ``d by Plaintiff, is governed by the TCHRA as to employer liability
(Defendant Edibl``lity). As Defendant pointed out in its Motion, l'lai11tiff testified that this
0
unwanted s~ouching did affect tenns and conditions of her employment because she felt
uncomfortable around her supervisor Defendant Monis and began looking for other employment
'' Wlfffle House, Inc. u. Tiflilliams, 313 S.W.3d 796, 802-803 (Tex. 2010).
1> Pl.'s Resp.to Def.'s MIMSJ, at p. 30.
39
Paul v. Nortlwop Grumman Ship .5Ys., 309 F. App'x 825, 827'28 {5th Cir. 2009)(internal citations omitted).
40.McCawan v. Software Spectrum, Inc., No. 08-00-00077-CV, 2002 WL 505138, at *7 (Tex. App.- El Paso April
4,2002).
14
because of the sexual harassment. 41 TI1erefore, Defendant'.s a.ssertion that Plaintiff cannot point
to a single, "tenn, condition, or privilege of the plaintiff's employment" affected by the
harassment is untrue.
Hostile work environment sexual harassment occurs when an employer's conduct ''has
'0;~· #J;
the purpose or effect of umeasonably interfering with an individual's worli0:.-fonnance or
creating an intimidating, hostile, or offensive enviromnent." By Plainti~n recitation ofthe
facts, Defendant Morris' conduct had the effect ofunrea.sonably crea~n intimidating, hostile
' ~"
at1d/or offensive envirotm1ent. She testified that she spoke wQ~fendant Monis about what
happened while on the business trip and told him it was inap1~riate, \vt'ong and that she needed.
~
to find a different job. 42
Plaintiff did in fact start lo`` for another J'ob due to Defendant
Morris' conduct. 43 Her actions a11d feeling that. ``auld not work with Defendant Manis
~
anymore also gives rise to a constructive alt~ of the te1ms or conditions of employment
althongll not culminating in a tangible en~ent actiou.44 Plaintiff cmmot try to avoid the
administrative pre-requisites of the 'I``@)· now by a.ss.etting that there was no creation ofan
. ~
intimidating, hostile or offensiv~iromnent. Tiris is wholly inapposite to Plaintiffs own
testi1110ny. ~
A hostile work~Yonment sexual harassment claim was the exclusive remedy for
Plaintiff to bring ~s{``gaiust Defendant Edible for sncl1 conduct as asserted here, which took
place on a busin~ip drui:ng her employment by Defendant Edible. The law is clear a11d also
the legislati``nt is also clear related to dmnage caps that conm1o11law claims do not have.
In determining that the sexual harassment statutes precluded state
common-law claims, the Texas Supreme Court noted tbat the state statutes
41 Def's MIMSJ, at p. 11 (citingFamrer Dep., at 27:13-16; 133:21-134:10, Ex. A).
42 Farmer Dep,, at 106:5-7, &. li.
43 Fanner Dep., at 29:1S-25; Ex. B.
~·Twig{and Fashions, Ltd. v. Miller, 335 S.W.3d 206, 217 (fex. App.- Austin, 2010).
15
have caps on compflnsatory and punitive damages available to a plaintiff
that the common law claims did not have. Title VII has similar caps. The
court noted that allowing conm1on Jaw claims to be pursued would allow
plaintiffs to avoid those damage limitations.45
Allowing a common law claim to be pursued against Defendant Edible when the case falls
within the purview of the TCHRA would be allowing Plaintiff not only to avoid the mandatory
~
administrative requirements but also to avoid damage limitations. ~Jf
F. Defendants meet the.ir burden to establish the affirmativ~ d``Q
of limitations and
therefore the alternative motion for summary judgments~ be granted.
Plaintiff is misplaced in her assertion that Defend``1mot meet the summary
judgment standard in this case that the Plaintiff cannot meet ~neuts of her causes of action.
Q~v
That argument is inapplicable because the sm11maryjudrnt motion before the comt is based
on affii1native defenses. 46 A defendant is entitle~9
¢~
sununary judgment on an affnmative
defense, such as limitations, if the defenddnclusively proves all the elements of the
affinnative defense. To conclusively prov~il of the elements of the af:finnative defense, the
movant mttst present su1ru11ary jud~iilll.t evidence that establishes each element of the
~15f;Jf'"
affinnative defense as a matter of`` If the defendant meets this burden, the plaintiff inliSt then
produce evidence raising a g~e issue of material fact to avoid summary judgment on the
(\)
affinnative defense. 47 P~'f asserts that it has "more than met that obligation by compellingly
demonstrating that h~ms are governed by tile Civ. Prac. & Rem. Code §16.0045(a)(1)'s five
(5) year limita~eriod." .However, as explained herein, Plaintiff has brought forth no
competent ~ary judgment evidence that she in fact pled sexual assault or that the
requirements of Section 22.ol 1 of the Penal Code were met for her Claims to fall under
355 S.W.3d 768, 777 (Tex. ApJ>. 2011).
46 Fl.'s Resp. to Def. 's MSJ, at p·; 35-36 ("Here, the Defundants have negated Mthing, much less any prima facie
elements of Ms-. Frumel''s claims. H).
41 Vu v, ExxonMobil Cmp., 98 S.W,3d 318,320 {Tex. App. 2003).
16
§16.0045(a)(l) for sexual assault. Without such evidence, Plaintiff's attempt to raise a gem:dne
issue of material fact to avoid summary judgment on Defendants,, statute of limitations defense
fails.
ill. CONCLUSION
~
For the foregoing reasons, Defendants respectfully requests th~ Court grant its
Motion to Dismiss Dr alternatively, Motion for Sum111ary Judgment ~der that Plaintiff take
~othh~g for her claims against Defendants. Defendants fi:uiher r4!!tl;{iJ all other relief to which it
!S enfltled. ,~
0~
$
R,~ctfully Submitted,
0~
U~Is/ Gregg Af. Rosenberg
~ Gregg M. Rosenberg
© Texas State Bar 1D 17268750
,?~ ROSENBERG & SPROVACH
,rt,_"''U
~" 3518Travis, Suite200
~ Houston, Texas 77002
~\ Tel: (713) 960-8300
`` Fax: (713) 621-6670
U©J Attorney-in-Charge for Defendants
~
OF COUNSEL: o~
ROSENBERG & ~VACH ATTORNEYS FOR DEFENDANTS
{f:::©
~
17
CERTIFICATE OF SERVICE
1 certify that a true aud correct copy of the foregoing instrument has been forwarded via
electronic transmission aud hand delive1y on this the 26th day of February 2015 to:
JeffreyN. Todd
312 S. Friendswood Drive
Friendswood, Texas 77546
if~
(281) 992-8633 (Tel)
(281) 648-863 3
jeff@actlaw .com
~
a
Is! Gre M. Rosenbe ~
:~
GREGG M. ROSE .. G
18
ANDREA FARMER 7/11/2013
1 (Pages 1 to 4)
1 3
CAtlSE NO. 2012-65503
1 INDEX
KER.I IJILL and
MICHELLE BARNETT '
§
IN THE DISTRICT COURT 2
ve.
Plaintiffs
'' 3 Appearances ......................................... 2
4
'' 55TH JUDICIAL DISTRICT
HENRI MORRIS and SOLID 5 ANDREA FARMER
SOFTWARE SOLUTIONS, INC.,
d/b/a EDIBLE SOFTWARE
'' 6 Examination by Mr. Rosenberg ................... 5
Defendants
'' HARRIS COUNTY, TEXAS
7 Examination by Mr. Cogdell ..................... 148
****************~******"* *********
.ORAL AND VIDEOTAPED DEPOSITION OF 8 Re-Examination by Mr. ~berg ................ 222
"n
1~ iF~!@~
ANDREA FARMER
JOLY 11, 2013
H
"n * ************************ *** ******
Certified Question ... ................ 143
" ORAL AND VIDEOTAPED DEPOSITION of ANDREA FARMER,
produced as a witness at the instance of the Defendants, 11 Signature and Chang~!... ......................... 239
"
17
18
and duly sworn, was taken in the above-styled and
numbered cause on the 11th of July 2013, from 10:09 a.m. 12 Reporter1s Certifi~............................. 241
19 to 3:56p.m., before Molly Carter, CSR in and for the
~'
20 State of Texas, reported by machine shorthand, at the 13
21 offices of !J.S. Legal Support, 802 North Carancahua, 14
Suite 2280, Corpus Christi, Texas, pursuant to the Texas
"23 Rules of Civil Procedure and the provisions stated on the
15 °~EXHIBITS
," record or attached hereto.
16 NU~ DESCRJPTION . PAGE
17 Exh~l Photo of Andrea and Comedian ............ 85
18 ~2 Photo of Henri and Comedian ............. 95
19 it3 EmailfromAndreatoHenri .............. 125
``hibit 4 Handwritten Notes on Back of Statement .. 1 9
~ Exhibit 5 5/9/11 Facebook Po9t .................... 193
.o f:d2 Exhibit6 5/9111 FacebookPost .................... 193
1 :(d23 Exhibit 7 5110&11/11 Facebook Posts ............... 222
~ 24 Exhibit 8 5/9/11 Facebook Post .................... 222
25 Exhibit 9 5111 &12/11 Facebook Posts ............... 222
2 4
1 APPEARANCES 1 Exhibit 10 5112 & 7/27/11 Facebook Po9t9 ........... 22
2
3 FOR THE PLAINTIFF(S): 2 Exhibit 11 7/27&29111 Facebook Posts ............... 222
MR. JEFFREY N. TODD 3 Exhibit 12 8/2111 Facebook Post .................... 222
The Law Finn of Alton C. Todd
5 312 South Friendswood Drive
4 Exhibit 13 8/2&8111 Facebook Posts ................. 222
Friendswood, Texas 77546 5 Exhibit 14 8/8/11 Facebook Po9t .................... 222
6 Phone: (281) 992-8633 6
Fax: (281) 648-8633
jetl@actlaw.com 7
8
9
10 9
10
11
11
12 12
13
13
14
"
15
16
FO``;gjl``````:r HENRI MORRIS: 15
Fhm 16
17 Street, 4th Floor 17
Houston, Texas 77002
18 Phone: (713) 426-2244 18
Fax: (713) 426-2255 19
19 dan@cogdell-law.com
20 20
21 ALSO PRESENT: 21
22 MR. TOMMY KLING, VIDEOGRAPHER
MR. DESTRY QUIROZ, VIDEOGRAPHER
22
23 MR. TREVOR MORRIS 23
MS. BETH JACKSON (Present ffom 10:09 to 10:38) 24
24
25 25
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
2 (Pages 5 to 8)
5 7
1 THE VIDEOGRAPHER: Time is 10:09 a.m., lu1 1 A. Yes.
2 11th, year 2013. We are recording. 2 Q. Where did you live prior to that?
3 ANDREA FARMER, 3 A. 1117 North Austin Street in Rockport, Texas.
4 having been first duly sworn, testified as follows: 4 Q. And Rockport is in a neighboring county.
5 EXAMINATION 5 Conect?
6 BY MR. ROSENBERG: 6 A. Yeah, it's like 45 minutes away.
7 Q. _Can you please state your name, state and spell 7 Q. Okay. And how long did you live there?
8 your name for the record? 8 A. It was my parents' ~!!!;nee, so it was sort of
9 A. Andrea Farmel'. 9 like my permanent resid `` guess. But I lived tlter
'1:
10 Q. Okay. Ms. Fmmer, we're going to put you on 10 from September ~- six- s.
11 hold for just one second. There's a technical issue that 11 Q. Where did yo prior to the Rockport
12 Mr. Todd and I need to address that really doesn't 12 address? ~
13 concern you. So we're just going to forget about you for 13 A. 3000 s~tJont-- I can't remember my old
14 a second and address this, get it on the record, and 14 address`` S~ont and Washington, Houston, Texa .
15 continue with your deposition. 15 Q. ~you do for a living today?
16 MR. ROSENBERG: Jeff, tell me ifl'm wrong, yo 16 A. Q~ for Konica Minolta, with a K. It's a
17 lodged an objection prior to the deposition starting 17 bus~'Yoiutions company, so I sell hardware and
18 contending that Ms. Jackson should not be here, and you 18 so e to different businesses.
19 were invoking the ruie. My position was that we notic 19 And how long have you been working for Konica
20 that Ms. Jackson and Mr. Morris, Trevor Morris would ~-,;:._malta?
21 here, in accordance with the appropriate Rules of Civil ~ A. Since February.
22 Procedure, and our position is you didn't object. You ~2 Q. Do you have a territoty?
23 said you're invoking the rule. 3 A. Yes.
24 We agreed to take it up later, with my riski 24 Q. Where is the territ01y?
25 the fact that Ms. Jackson might not be able tote ' 25 A. Well, I have vertical, so anywhere in Corpus
rg 8
1 trial. ~ 1 and the surrounding area, and I'm verticalized into leg I
2 MR. TODD: That is correct``Q 2 oil and gas, education, finance.
3 MR. ROSENBERG: Okay. ~ 3 Q. So you cover Corpus Christi in a multifaceted
4 MR TODD: Counsel tOr~tiff objects to the 4 area of their, ofKonica Minolta's --
5 attendance of Beth Jackson. I' ifDfnecessarily --it's 5 A. Right, so as far east as VIctoria and as far
6 not an objection. I'm invoki rule at this time. 6 west as Kingsville.
7 It's anticipated that she's to testify at trial. 7 Q. Okay. Have yo~ ever provided deposition
8 As such, I'm involdn&(t;] e. If they don't mind the 8 testimony such as what we're doing this morning?
9 rule, then she shall~xcluded from testifying live at 9 A. No.
10 trial. 0 llii 10 Q. Have you spoken with anybody in preparation of
11 I further NN"bjecting to her attendance at any 11 this deposition?
12 other de , as she is anticipated to be a witness 12 A. Yes.
13 in this m , She's not a corporate rep. We haven't 13 Q. Who have you spoken with?
14. objec y attendance by Trevor MoiTis because he s 14 A. Sherri Zack, and her assistant, John-- I'm at
15 th~ ate rep. 15 a loss for John's name. I didn't know him that well.
16 'fk
e will also be quashing any other depositions 16 Q. It's a him?
17 ofnonparties in this matter at this time. 17 A. Uh-huh.
18 Q. (By Mr. Rosenberg) Okay. Where do you reside 18 Q. Is that a yes?
19 ma'am? 19 A. Yes.
20 A. 3418 Austin Street in Corpus Christi. 20 Q. Okay. Sean is a man?
21 Q. How long have you lived at that address in 21 A. John.
22 Corpus Christi? 22 Q. Oh, John.
23 A. A year and three months. 23 A. I think his name is John.
24 Q. Bringing us back to approximately March of 24 Q. Okay. Whoe]sedidyouspeaktoinpreparation
25 2012? 25 fbr this deposition?
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
3 (Pages 9 to 12)
9 11
1 A. That's it. 1 restroom, to do whatever, maybe have a cigarette,
2 Q. Okay. You spoke to JeffTodd? 2 whatever it is you want to do, let us know. But I think
3 A. Not in preparation, but yes, I've spoken to 3 you heard-- or if you didn't hear, ru remind you--
4 him. 4 the video disks or tapes last for about an hour, so there
5 Q. When did you speak with Mr. Todd? 5 will be a natural hour break.
6 A. Last Wednesday, the 3rd. 6 A. Okay.
7 Q. In person or over the phone? 7 Q. Even though you can anticipate what my questio
8 A. Over the phone. 8 may be, allow me to finish ~,.Q!.J.estion before you begi
9 Q. When you met with Sherri Zack and this person 9 your answer. It, again, aiatk.'~ihe court reporter to get
10 John, when was that? 10 a question-and-answet ript in sequence.
11 A. Yesterday. 11 A. I do have a ~on.Ji
12 Q. Was that in person or over the phone? 12 Q. Sure. ~
13 A. It was a video meeting, conference. 13 A. Some ``~estimony that I gave in my
14 Q. Okay. So you were here in Corpus Christi? 14 statement t~1Bi is actually about Beth, so I don'
15 A. Uh-huh. 15 nndersta~w that's an appropriate --lil(e will you
16 Q. And she was somewhere else? 16 just n G me questions about her or about the
17 A. In Houston. 17 stat~'rifthat I made about her, or-- that's what I'n
18 Q. Okay. Because you haven't provided depositio 18 ~a hard time with her being here.
19 testimony before and we're going along in a dialogue, I 19 ~· Yeah.
20 want to JUSt pomt out a few things that are a little bit ~li!!fj A. Because like some of my testimony is about he •
21 different in a deposition than are, than would be m ~ Q. I understand that. All I can tel1 you in
22 nonnal conversation. ~2 response to that is my role here is to defend the compan
23 Obvtously, you're being videotaped. And o``VIOU r ~q3 m a case that other people have brought against it.
24 I'm sitting here at a table with vanous attendees 24 A. Right
25 the table, and we alllmow what each other's sa 25 Q You have provided infom1ation about allegation
~ 10 12
1 Correct? ~ 1 of conduct that relates to these claims. And I'm going
2 A. Uh-buh. ~ ~ 2 to be asking you what I believe I need to ask you in
3 Q. But the most important, the``e get this 3 defense ofthe claims brought by those three people
4 r:c~rd official is by the presenc~"'Vcourt reporter 4 against my two clients. Okay?
5 s1ttmg between us. ,.__~ 5 A. Whatthree people?
6 A. Uh-huh. ~J"..-c§i)) 6 Q. Well, let me ask you --let me ask you, do you
7 Q. And she has this l~J)''t&achine with all these 7 know who the three people who brought suit against Edibl
8 buttons. Q 8 Software 8nd Henri Manis are?
9 A. Uh-huh. ~ - 9 A. I mean, I lrnow the people that it says on this
10 Q. Unfortuya~'4here 1 s no button for "uh-huh" 10 paper.
11 or "huh-uh." S``n though I know what you mean wh n 11 Q. What paper are you referring--
12 you say . . .'Ufi;or
"huh-uh" or something ofthatnatur , 12 A. Keri Hill and Michelle Barnett.
13 I'm go~·n
~you if that's a "yes" or if that's a 13 Q. Bamett. And--
14 "no." ~ ~f lmow what it is, but the way the record is 14 A. This is my subpoena.
15 o~ if I do that. 15 Q. Right. I-- thank you. I see it. There's an
16 A. Okay. 16 additional person who's joined named Stacy Stewart.
17 Q. Okay? So I'm not, I'm not going to be --I'm 17 A. Right.
18 not picking on you. I just, it's something we've got to 18 Q. Okay. So those three people--
19 do until they figure out a way to get an extra button on 19 A. OJ{ay.
20 those machines -- 20 Q. --have brought lawsuits. Let me clarify.
21 A. Uh-huh. 21 Those tlll'ee people have joined in one lawsuit--
22 Q. --we're done. Okay? 22 A. I understand.
23 A. Okay. 23 Q. -- against my two clients. Okay? I may be
24 Q. If at any time today you want to take a break, 24 asking you questions about comments you may or may no
25 except when a question's pending, of course, use the 25 have made to Ms. Jackson, but at this point, I'm not
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716
ANDREA FARMER 7/11/2013
4 (Pages 13 to 16)
13 15
1 certain. 1 A. Once a month for the past year, and then
2 A. Okay. 2 sometimes a couple of times a weel(, depending on what s
3 Q. Okay. Where were you when you provided the 3 going on with the criminal trial.
4 video conference discussion with Ms. Zack and this 4 Q. Okay. Let's go to your conversation yesterday
5 gentleman named John yesterday? 5 with Ms. Zack and this gentleman, Jolm.
6 A. At the U.S. Attorney office at One Shoreline, 6 A. Uh~huh.
7 the Bank of America building. 7 Q. What did y'all discuss?
8 Q. What time of day was that? 8 A. They just, you kno*me to be honest and
9 A. It was 2:30. 9 tell the truth and take my~ with my answers. And i
10 Q. How long did it last? 10 was more of me soli~ nting to feel more
11 A. Two hours. 11 comfortable, becaus b iously I don't have any
12 Q. Was that the first time you've ever spoken with 12 representatlon~oom, and I wanted to get an idea
13 Ms.Zack? 13 of what was go~ happen and what a deposition is
14 A. No. 14
like. ~
15 Q. On how many other occasions have you spoken 15Q. O~re you comfortable that you know what a
16 with Ms. Zack? deposi~ 'ke and what it's used for?
16
17 A. Four to six. 17A~e·,
18 Q. Four to six occasions? 18
# Y o u understand yom· testimony is under oath?
19 A. (Nodding head.) 19 . Yes.
20 Q. Yes? «'@
~ Q. And that's the same oath that you will be
21 A. Yes. provided if you testify live at any other proceeding, not
22 Q. Nods of head, there's no button for that ~2 necessarily this one.
23 either. j
["- 3 A. So this, and possibly including the criminal
24 A. Right. ~ 24 case.
25 Q. Have you spoken with anybody else fron(~e . . 25 Q. Well, the oath is the ·same. I'm not here about
~14 16
1
2
Attorney's Office? rl
A. John, who was there at the ``epositiml.
1
2
the criminal case.
A. Right.
3 Q. Right. Video deposition? `` 3 Q. I'm here about the facts. Some of the facts
4 A. Or not video deposition,~ conference. 4 overlap, and I'm here about certainly those facts. I'm
5 Q. Okay. ~ 5 ce11ainly not going to mislead my, my goal in asking you
6 A. And then anyone w~ wers the phone when 6 questions. There's-- as you lmow, there's some
7 call. 7 commonality in the facts.
8 Q. Okay. Have y~enwith a gentleman named 8 A. Yes.
9 Jocher? Wv~ 9 Q. Correct? But I can tell you, since you did
10 A. Maybe tJt'l!: ho was-- 10 ask, and I think it's a fair question, my understanding
11 Q. The oth~at --that might be John? 11 is that the oath is the same in federal-- in crimina]
12
13
A.
Q.
Ye``t
0~ akes sense. I just want to make sure
12
13
court and civil court.
A. Okay.
14
14
tha~ Q. No different than what you just were
15 • ell, I don't want to say that, because I'm not 15 administered.
16 sure what his name was. 16 A. OJ23 A. I mean, once a month for the past two-- or 23 A. There were some unclear points in my original
24 maybe less than fifty. I would say twenty. 24 statement to the FBI, as far as dates were concerned a
25 Q. Okay. So you're-- 25 which city J was in, ami so it was clal'ification on times
U.S. LEGAL SUPPORT
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ANDREA FARMER 7/11/2013
5 (Pages 17 to 20)
17 19
1 and dates. 1 A. Yes.
2 MR. COGDELL: Do you need some water? 2 Q. If your cell phone is like my cell phone and
3 THE WITNESS: No, thank you. 3 any others, if the number is not engaged in your
4 MR. COGDELL: Anybody? 4 contacts, it will come up as just a number, without
5 MR. TODD: No thanks. 5 knowing who it is.
6 Q. (By Mr. Rosenberg) For example, what times and 6 A. Uh-lmb.
7 dates were you concerned about? 7 Q. Correct?
8 A. For example., one instance, I -- in my 8 A. Yes, sir. ~
9 deposition, I started talking about something that had 9 Q. And is it fair to say,~'l&ere are times when
10 happened in Washington, D.C., and it was-- I was talkin 10 you will receive a caq;lli`` a number that's not
11 about it as if it bad happened in Chicago. But then I 11 engaged or aligned w~y of your contacts, that you'll
12 remembered that it had happened in Washington, D.C. 12 just let it go to voi~ and figure out who it is?
13 Q. Now, you refeiTed to it as your deposition. 13 A. Yes. -``~as a 713 number, and I have
14 A. My statement. 14 several closl``s who work in the Houston area. I
15 Q. Okay. And I know what you mean, and I'm going 15 was liv~n ~ockport at the time. And I answered it,
16 to just clarify
ww 16 assum at it was one of my close associates.
17 A. I feel like we called it my deposition for so 17 ~o ou spoke to Mr. Gregory head on. You
18 long, and I know that it wasn't, that it's hard to get 18 ``ave to return the call?
19 out of the habit of calling it that. 19 ~ No.
20 Q. Who called it your deposition? ~lft!jj Q. You were engaged m conversation immediately?
21 A. I think Glenn Gregory. ~ A. Yes.
22 Q. Tell us who Mr. Gregory is. ~2 Q. What dJd he tell you about allegations that
23 A. Glenn Gregory is the FBI Agent that originali~Jt ~.::!23 were being made against Mr. Morris?
24 called me on the allegations against Henri Morri~r~ 24 A. He didn't say much at all. And I remember
25 U"
Q. Okay. Up until the time that Mr. Oregmy 25 tllinking, just kind of letting my mind run, li]{c, "Oh, n y
~ 18 20
1 called you, is it fair to say that regardin`` 1 God, what did he do?" Knowing what--
2 allegations and the treatment you ``~1)r endured 2 Q. What did who do?
3 while employed at Edible Softwar~u: had, you hadn' 3 A. Henri.
4 reported that to anybody? Q 4 Q. Okay.
5 A. No. -~ 5 A. Knowing what I had experienced, I assumed that
6 Q. It's not fair to say -~s._e:']V 6 it had to have been somewhere along those lines. I
7 A. It is fair to say t~ 7 didn't really know anything at that point, because like I
8 Q. Okay. I(~ 8 mentioned earlier, I hadn't told anybody or even really
9 A. No, I had ~'ei>'orted it to anybody. 9 thought about it at all.
10 Q. Okay. -&``re arc, however, allegations that 10 So he just mentioned that there had been some
11 you have rela~ Henri Morris and Edible Software'. 11 concern with Henri when he's in his relationship with hi·
~tell me approximately when it was that
12 12 female employees, specifically when he's traveling, if I
13 13 had anything that I might care to add to that or to say
14 Mr first contacted you? 14 about it. And I said, "Yes, I do." And so then they
15 early December 2011. 15 arranged a meeting down here to meet with me. I belie fC
16 Q. And how did he contact you? 16 it was in February.
17 A. He called me on my cell phone. 17 Q. All right. So you have this conversation with
18 Q. How did he initiate the conversation? 18 Mr. Gregory December of2011 asking you about conduct
19 A. Can you clarify that question? 19 aliegations against Mr. Mmris, who was your boss at
20 Q. Ycab. I mean, it's the first time you've ever 20 Edible Software.
21 had contact with this. with this gentleman. 21 A. Uh-huh.
22 A. Uh-huh. 22 Q. Correct?
23 Q. Correct? 23 A. Yes.
24 A. Yes. 24 Q. He was the President of the company?
25 Q. He's calling you on your cell phone. Correct? 25 A. Yes.
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ANDREA FARMER 7/11/2013
6 (Pages 21 to 24)
21 23
1 Q. And did you repmt to him? 1 A. There's probably m.ore. That's all I can tltink
2 A. Yes. 2 about, of right now.
3 Q. So did he tell you what other people were 3 Q. Okay. What are the things that Henri said that
4 alleging? 4 you observed or heard that were inappropriate?
5 A. No. 5 A. I can't think of a specific dialogue.
6 Q. He just, you just told him that you did have 6 Q. Okay. I know that it's been some time since
7 some experience traveling with Mr. Manis. 7 your disaffiliation--
8 A. Yes. Andlthinkinitiallygoingin,Iwas 8 A. Uh-huh. ~
9 more going to talk about, you know, since this was 9 Q. -- since you left Ed~'1oftware, but you've
10 something that I was keeping to myself, that I was more 10 had time to think abo]fb``as going to haPpen today
11 going to talk about his relationship with his other 11 and what was going ~e place. You knew that we wee
12 employees, and maybe some-- 12 asking questions~ a case that at least two people,
13 I didn't know what had hap}lened. So obviously, I 13 from looking ar~tyle of your subpoena--
14 had good and bad experiences at Edible Software. So I 14 A. Ub-h~
15 knew that they were, depending on the nature of what w 15 Q. --~ainst Mr. Morris. Correct?
16 going on, I would definitely have something to say 16 A. ~ect
17 regarding that. 17 ``coking back today, even though you rememb r
18 Q. So you, you felt thatthe nature of the 18 th~nri said things inappropriate, is it fair to say
19 conversation Mr. Gregory was having with you related to 19 r~)ou're unable to recall anything specific that you
20 Henri's relationship with other employees. ``all him saying in the workplace that was
21 A. Yes. ~ inappropriate?
22 Q. Did you observe Herui's relationship with other ~2 A. I can recall things that he said that were
23 employees? Jt~q3 inappropriate to me.
24 A. Yes. ri."~ 24 Q. Okay.
25 Q. Which other employees did you observe H``- 25 A. But I'm not keeping a dialogue of every
~ 22 24
1 interacting with? @l 1 inappropriate thing that Henri Morris said while I was in
2 A. I mean, I worked there for`` 2 that office. It would be too much.
3 Q. Okay. Let me give you a b ~estion. 3 Q. So yom·, is it your testimony that Mr. Manis
4 Thank you. Sometimes lawyers~ d questions. 4 was constantly inappropriate in the workplace?
5 A. Uh-huh. 5 A. Yes.
6 Q. Did you observe any·- t untoward or 6 Q. So it never, it never stopped? T11ere wasn't a
7 inappropriate with the w· i treated other employee ? 7 time that he was appropriate?
8 Not talking about yo ,.-;·~ her employees. 8 A. I feel that in a given day, there may have been
9 A. Yes. ,~ 9 times in the day that he was appropriate, and times of
10 Q. Okay. W.~rd you observe? 10 the day that were inappropriate. But I would say on days
11 A. Sayi~g~s that were inappropriate in the 11 that I did interact with him and with other employees,
12 ~ffice, dri~excessively. What I deemed as 12 there ·was at least one thing in the day I would say that
13 mappmnEt"f · 13 I felt uncomfortable with,
14
15
Q"'~
``gging.
14
15
Q. And you worked there for how long?
A. Three months.
16 Q. Okay. Anything else? 16 Q. And obviously, if! refer back to your prior
17 A. And I thought it was inappropriate when I sa~ 17 testimony, despite the fact that this happened on a daily
18 him pour something into Beth Jackson's drink at the 18 basis, you didn't report it to anybody. Concct?
19 Hancock Center in Chicago. 19 A. Who would I report it to? His son in HR?
20 Q. Okay. What's the Hancock Center? I should 20 Q. Timt would be one.
21 know this, but -- 21 A. Uh-huh. Actually, I think I did report it to
22 A. It's like one of the tallest buildings in 22 Henri and Allen and-- or sorry, Trevor and Allen and ha
23 Chicago. It's on Michigan Avenue. 23 conversations with them about the way that Henri spoke
24 Q. What else did you observe that was 24 me and how it made me uncomfortable. And not
25 inappropriate? 25 necessarily-- when I say "inappropriate," it doesn't
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1 necessarily have to mean sexual. 1 Q. Well, you just said you could recall, so I want
2 Q. I understand. Inapprop1iate has-- 2 to know what it is you recall.
3 A. Inappropriate is just unprofessional. And you 3 A. SpecificalJy with me, or with others?
4 lrnow, I feel that given t11e short time I was there, yes, 4 Q. Let1s start with you first.
5 tl1ere were times that I brought it up to him, I brought 5 A. Can you repeat the question?
6 it up to Trevor, and I brought it up to Allen tlmt there 6 Q. Yes. Can you recall any instance where you
7 were things that made me uncomfortable about tlte way tlt t 7 observed Henri Morris act in either a sexually offensive
8 he spoke to his employees and myself. 8 or sexually mappropriate m~ to you, or manner to
9 Q. Well, I'm confused, because you just, in 9 you? ``
10 response to my question, you asked me a question -- I 10 A. Can I take a b ·
11 don't want to assign a definition to the way you were 11 Q. Not when a q s n's pend mg. Yes, you can,
12 asking me, but almost dismissively, "Who would I report 12 but I want the que answered.
13 it to? His son?" 13 A. Yes, th re two times-- well, I would say
1
14 A. Right. 14 every time traveled witl1 Henri, I observed him
15 Q. And then, but then tell me that that's who you 15 being seJ@inappropriate with either Beth Jackso ,
16 did rep01t it to. 16 one of~ents, or myself.
17 A. So I guess there were two times tltat I bad a 17 ~Yt·ight. You did want a break, and I told
18 conversation with Allen about Henri and his behavior. 18 ~cr?$ give it to you after the question, but before we
19 Q. Now, stop for a second. Allen, what do you-- 19 . r`` break, is there anything you need to elaborate on
20 A. Morris, who was the HR representative for ``t, before I ask you more questions?
21 Edible Software. ~ A. If you're okay with that answer, I'm okay witl
·ed 2 it.
22
23
24
Q. Thanks. That's what I was going to ask you.
A. So, but I guess to answer your question, this `` 3 J Q. Okay. I just want to, like I told you, I'll
is somebody that was very infrequently in the offinc~r'~ 2 4 give you a break any time you want it, except when a
25 The times that he did come into the office, itwas.rv' 25 question's pending. So you did answer it. I have a
©? 26 28
1 some sort of reprimanding. And I didu_'~llike it wa 1 follow-up, but if you need a break, let's go off the
2 a situation where I could sit down ``e a 2 record now.
3 conversation with him about that.`` 3 A. Okay.
4 And I think that when I did ~ Trevor about it, 4 THE VIDEOGRAPIIER: Time is 10:38 a.m. We'r
5 it was the response of, "Well~ -s just the way he 5 off the record.
6 is," and "Just ignore him." 6 (Recess from 10:38 a.m. to 10:50 a.m.)
7 Q. Okay. Did you~ive a pe"onnel manual 7 THE VIDEOGRAPHER: Time is 10:50 a.m. Weae
8 or harassment policy~ fthat type of 8 recording.
9 information -- ~ '" 9 Q. (By Mr. Rosenberg) Ms. Fanner, during the
10 A. No. `` 10 break, did you have any contact, e-mail, telephone or
11 Q. --from e Software? 11 otherwise, with the FBI, U.S. Attorney's Office?
12 A. J w~g told that it was being revised or 12 A. Yes, with the U.S. Attorney's Office.
13 Q. Who did you speak with?
13 th`` urrcnt.
14 : . . Our testimony is you've never-- 14 A. Sherri Zack.
15 15 Q. What did you and Ms. Zack discuss?
16 Q. --received it. Forgetting for a second about 16 A. My objection to Beth Jacl{son being in the room
17 inappropriate and nanowing it down-- 17 Q. Okay. And what did she tell you?
18 A. Uh-huh. 18 A. She can't be in the room, because she's a
19 Q. -- to either something that falls into the 19 witness.
20 category of sexually inappropriate or sexually offensive 20 Q. That's what she told you?
21 at the workforce, do you recall anything that Mr. --that 21 A. (Nodding head.)
22 Henri Morris did in that definition? 22 Q. Okay. Well, prior to you speaking with
23 A. Yes. 23 Ms. Zack, we made a decision intemally, and we asked--
24 Q. Tell us. 24 we realized it was making you uncomfortable, and we ask d
25 A. Can you be more specific? 25 Ms. Jackson to ]eave.
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1 So w• the camera's only on you, so would you verity 1 because of the emotional state that I was in about what
2 that Ms. Jackson is no longer in the room? 2 had happened witl1 Henri and I at that time.
3 A. Yes, she's no longer in the room. 3 Q. We're going to get to I promise you we're
ww
4 Q. Okay. And you feel better about that? 4 going to get to Henri and you in a second.
5 A. Yes. 5 A. I'm fine. I'm just trying to be as clear as I
6 Q. All right. What was it about Ms. Jackson's 6 can, and there are, you lmow, a multitude of reasons wh
7 presence that concerned you? 7 people do what they do. But at that time I just didn't
8 A. I just feel like -· the first time that the FBI 8 feellil1 A. It was having a drink after worldng at the
2 A. I mean, obviously I have con`` myself, 2 National Sweets and Snacks convention.
3 and I felt very uncomfortable with.~ had transpire 3 Q. Okay. So there was a convention going on in
4 between Henri and I, in our tr``~d I had a lot of 4 Chicago--
5 guilt and uncomfortablen~ss nd~ying to just forget 5 A. Yes.
6 about it, but I knew I had s esponsibility to other 6 Q. --that you all were there for?
7 people who might ha'::~.~ the same situation. 7 A. Yes.
8 Q. But that respot(~ was something you 8 Q. Business related?
9 didn1t become awiir.
o'f:crrecognize until the FBI 9 A. Yes.
10 contacted you. ~!;)'6 . 10 Q. And who was there from Edible Software?
11 A. l felt ~u out not being more vocal about 11 A. Henri Morris, Trevor Morris, Beth Jackson au
12 seeing H~ ~ r something in Beth's drink. I felt lik 12 myself.
13 I should ``id more about that So when the FBI 13 Q. Those were the only four?
14 called~ saw it as my opportunity to say more abou 14 A. Yes.
15 it.``"' 15 Q. And it's a trade show that's open to the public
16 ~ut until then, you didn't feel guilty enough 16 in the industry, and people display what it is they're
17 to report it, until then. Correct? 17 selling or providing?
18 A. Correct. 18 A. Right. It's open to the public, but you have
19 Q. All right. Let's-- 19 to have a ticket.
20 A. Well, no ww 20 Q. Okay.
21 Q. Well, you just said it was correct. 21 A. And you have to be invited, I believe.
22 A. I changed my mind. 22 Q. And after one day of the trade show, you··-
23 Q. Okay. So tell me why you changed your mind. 23 you, Henri, Trevor and Beth gathered at the Hancock
24 A. I felt extremely guilty, but tlmt's not the 24 Center to have a drink.
25 reason that I didn't report it. I didn't report it 25 A. Yes.
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1 Q. What part of-- I just don't know what the 1 was like, "Wc11, I'm only coming because Henri's not
2 Hancock Center is. So what part of tlte Hancock Center 2 there." So she came and met us.
3 were you in? Was there a restaurant in there or-- 3 Q. Were there any business-related people,
4 A. There, at the top of the Hancock Center, there 4 clients, customers, vendors, anything like that?
5 is a restaurant/bar area that overlooks Chicago, since 5 A. No.
6 it's a very high building and it's all windows. So I 6 Q. Was there-- what time of day was this?
7 wanted to go up there and see Chicago. And Trevor 7 think you had left the game at about --
8 bad just got back from a baseball game, and so we had 8 A. It was evening, so it*robably close to
9 seen Henri on the street, I guess. He had been shopping, 9 10:00 p.m., I would say. r{jj~
10 and then called Beth and had her join us as well. 10 Q. Okay. p~"Y
11 Q. So you and Trevor went to a baseball game on a 11 A. Maybe early ~ybe --between 9:00 and
12 social basis. Right? 12 Q. Had y'all had dinner?
13 A. Yeah, like -- 13 A. We ate game,
}la~Q~.oc;``````:``;.
14 Q. It wasn't part of business? 14
to the restaurant of the
15 A. It wasn't part of business. It was lil<.e 15 what happened?
16 working, social, you lmow. 16 ordered a drink, and we were just
17 Q. Which baseball game? 17 .......:o"··-····· the day. And I remember Henri being
18 A. It was the Cubs at Wrigley Field. 18 "i~l!i!Jlntto:21 A. It was like, I don't lmow, 4:00 o'clock, 5:00 How do you !mow that?
22 o'clock. A. That he was intoxicated?
23 Q. What time did the game end? Q. How do you know that he was walking around
24 A. We left early because it was cold. Michigan Avenue walking and dtinking Pepsi with liquor
25 Q. Okay. Whattimeoftheyearwasit? 25 it?
36
1 A. May. But it was like 40 degrees, ClWJWo. 1 A. Because he had the Pepsi bottle, and he was
2 Q. Got it. So you get to the resta~:``~ 2 drunk, and we knew that be had been walking
3 Hancock Center. I take it you have to~ elevator 3 Q. You didn't see him walking around Michigan
4 to get up there? V 4 Avenue?
5 A. Uh-huh. ~ 5 A. He told us he was on Michigan Avenue. He
6 Q. And you meet up with tl-1r people y'all are 6 looldng for a belt.
7 ·ct
Wll-- gD 7 Q. But you didn't see him drinking on Michigan
8 A. Uh-huh. If' fJ 8 Avenue?
9 Q. --youmetuR:&'~.Yes? 9 A. I saw him drinldng out of a Pepsi bottle.
10 A. Yes. Tre3o~rcvor and Henri were, we met 10 Q. When you got to the Hancock Center?
11 up with Henri W~ street, and I guess he had been 11 A. Uh-huh.
12 shopping. ~cd Beth, and she was alrendy in her 12 Q. Yes?
13 ) nd Trevor convinced her to go, with the 13 A. Uh-huh. Yes.
14 u·i's not there." 14 Q. Okay. But you didn't see him while he was
15 15 walking on Michigan A venue?
16 16 A. No.
17 What did Trevor tell Henri? 17 Q. You didn't see when he filled up the Pepsi
18 A. He was like, "No, no"-- what did Trevor ten 18 bottle with anything that wasn't a Pepsi?
19 Henri, or what did Trevor tell Beth? 19 A. No. So maybe-- no, olmy, that's fine.
20 Q. I'm sony. What did Trevor tell Beth? Thank 20 Q. Did y'all order drinks?
21 you. 21 A. Yes.
22 A. He was Jike, "No, it's just me and Andrea. 22 Q. You ordered one as well?
23 Come have a drink with us at the Hancock Center. 23 A. Yes.
24 not here. 11 But Henri was there, and they were kind of 24 Q. What did you order?
25 a trick on about it. And she 25 A. I think I ordered a martini.
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1 Q. Do you remember what the other people ordered? 1 what?
2 A. Trevor ordered a Jack and Coke, and Beth 2 A. Clear.
3 ordered a vodka cranberry, and I don't recall what Henr 3 Q. And you saw Henri pour into, that substance
4 ordered. 4 into what was Beth's drink.
5 Q. Okay. But at some point, you said you saw 5 A. Right.
6 Hemi put something in Beth's drink. 6 Q. Did you see Beth drink the drink?
7 A. Right. 7 A. Yes.
8 Q. Tell us what you saw. 8 Q. How much.ofit -- fr~t point forward, how
9 A. Well, we were all sitting there, and we had 9 much of it did she drink? !};;
10 been looking around. Like I said, it's a panoramic view 10 A. You know wh~nk --I don't think that
11 of Chicago. And all of a sudden, Henri pointed to the 11 she finished it. I dm~ can.
12 far window, like as if-- we're sitting at a cocktail 12 Q. All right. ~u recall that Henri finished
0
13 table. I think Henri was here, Beth was-- Henri was to 13 it? ~'
14 my left, Beth was to my right, and Trevor was across fro 14 A. No.~
15 me. 15 Q. D&~ecall that anybody finished it?
16 Q. Okay. 16
A.~
17 A. And so-- actually, I can't recaJI exactly. 17 ~u your best recollection is that Beth did not
18 Maybe Henri was sitting -- I don't think Henri was 18 #'edrink.
19 sitting next to me. Maybe he was sitting auoss from me. 19 _ I don't believe that she did.
20 Anyways, he pointed in the direction away from us, to ~1!? Q. What do you base that belief on? I'm not
21 where we were all looking away from the table. He was quanehng with it. I JuSt want to--
22 like, "Look, look, look. Look over there. Look over ~2 A. My memory.
23 there, Look over there, Quickly, quickly, look, look, j
»- 3 Q. Okay.
24 look." ~ 24 A. I'm trying to remember something that happen d
25 So aU of us, of course, turned to see what hew()) 25 two years ago.
~ 38 40
1 fussing about. But in doing that, I was ~g --and I 1 Q. Sure.
2 guess he was kind of standing over ~ I see him li e 2 A. And feeling uncomfortable with it, and then I
3 having something in his pocket an~ iug like out of 3 think kind of watching. I don't Jmow. Something
4 small bottle, like from a mini b v e little bottles 4 happened to where-- I don't remember if Henri became
5 of liquor that you get at the,~ £'airport plane, into 5 like increasingly intoxicated and acting dramatic, or
6 Beth's drinl<. ~ 6 being sad, and then everybody was kind of ready to lcav
7 And Trevor and Beth oldng for this thing 7 I don't remember. But for some rcasoil, we left. And I
8 that-- we didn't see~' g, so I don'tlmow exactly 8 don't think that she finished her drink. I'm not 100
9 what Henri wasp~ gat. I would assume that it wa 9 percent on that, though.
10 nothing. 0
~ 10 Q. Okay.
11 And I star~ almost reprimand Henri and say, 11 A. I don't remember me finishing my drink, so--
12 "What ar~ -oing?" You know, "Why are yon doin 12 Q. Let's focus on what you remembel', what you've
13 already testified about.
13
that?'~
14 An at point, he was like, "Shh, it's fine. 14 A. Uh-huh.
15 It'~ t's fine. No, it's okay. Don't say 15 Q. Your recollection was that on the street, or
16 any 1 ng." And at that point, in working with Edible 16 before you entered the restaurant --
17 Software, I just didn't feel like fighting with him. 17 A. Uh-huh.
18 And so I watched Beth, and I think that she 18 Q. -- you recall a conversation where Trevor told
19 acknowledged that her drink tasted stronger, like she 19 Beth inconect information as to whether or not Henri
20 wasn't really drinldng it. And then I got up and went t 20 would be there, because your assumption, based on that,
21 the restroom. Then shortly thereafter, we left. 21 was that Bctl1 didn't want to be there if Henri was going
22 Q. Okay. The substance that you saw Henri put 22 to be there.
23 into Beth's drink, was it liquid or solid? 23 A. Correct.
24 A. It was liquid, clear. 24 Q. So you at least reconciled in your mind that
25 Q. Clear liquid. The color of the bottle was 25 there was some issue going on between Beth and Henri --
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41 43
1 A. Yes. 1 Q. (By Mr. Rosenberg) Why?
2 Q. --that would warrant her not wanting to be 2 A. Under the understanding or observation of their
3 there. 3 relationship, it was very tumultuous, and very, like they
4 A. Correct. 4 bicl{ered a lot and argued a lot, and she acted very
5 Q. So if I'm understanding your testimony 5 annoyed with Henri, but still chose to be around him an
6 correctly, Beth was duped or tricked into going to some 6 spend time witl1 him.
7 place she didn't want to be, to be with somebody who he 7 And though it did appear as though she was being
8 didn't, she didn't want to be with? 8 tricked, it seemed like som`` that was par for the
9 A. She chose to go there, under the understandin 9 course in this relationshi ~ it was my decision at
10 that it would just be TreYor and I. 10 that time, not knowin dsight doesn't matter in
11 Q. She was tricked. 11 this situation. At th~ , I assumed it was vodka. I
12 A. If that's what you choose to call it. 12 knew we were all~ng a drink. I knew he was
13 Q. Right? Well, Trevor didn't tell her the truth. 13 encouraging B``)get a double, and she didn't want a
14 A. Okay. 14 double. ~
15 Q. Is that right? 15 And at~ime, I just made the decision I'm not
16 A. Yes. 16 going~ and argue with a drunl< person that's my
17 Q. Okay. It's reasonable for yoU to assume that 17 boss~e re all having a drink here. She could taste
18 the reason why Beth went is because she thought Henri 18 . t``ngness in her drinl<. If she chooses not to drink
19 wasn't going to be there. 19 ~hole thing, then that's her decision.
20 A. Yes. ~If([;} Q. Did you believe that he was adding anything but
21 Q. Okay. So you already, you know that there's ~ alcohol to the drink?
22 some reason why Beth doesn't want to be there with He 2 A. No.
. 0
23 and you see Henri adding a substance to Beth's drink. Q. Let me make sure I got the question out.
24 A. Right. ~ think I got it. Did you believe that he was adding
25 Q. He tells you not to tell her about it. 25 anything but alcohol to the drink?
44
1 A. Correct. ~ 1 A. At that time, no.
2 Q. And based on that, with al~t~ng on, you 2 Q. Okay. Subsequently, have you ever come to a
3 still didn't tell Beth, 11Hey, wait, d nk that." 3 conclusion that he was adding anything but -- had added
4 MR. TODD: Fonn. You~ Ill answer. 4 anything but alcohol to the drink?
5 THE WITNESS: What 5 A. Yes,
6 MR. TODD: That's · preserving an 6 Q. When?
7 objection on the record 7 A. The first time that I had a suspicion that it
8 but you still have to 8 could have been something other than alcohol was when" e
9 9 were in Washington, D.C., for the Fancy Food Show. An
10 10 we bad all been doing something separate, but then ended
11 11 up meeting later downstail's in the bar. And Henri and
12 osenberg) I can paraphrase it. 12 Beth were sitting at a table, and Henri was sort of
13 u able to read back what you're saying 13 slouched over Beth with his arm around her. And Trevor
14 ~1 ,Jean. 14 met us as well.
15 ~ that allowed? 15 So it was the four of us, Beth, myself, Henri and
16 Q. Yeah, it is allowed, and I can-- she can-- 16 Trevor. And Beth was just so intoxicated, just not
17 you want to read it back? 17 malting sense, all over the place, cleal'ly just
18 A. No, I want you to paraphrase it again. 18 cmnpletely, like just completely wasted. And I had never
19 Q. Sometimes that works best. Is it true that 19 seen her like that. I didn't feel that that was Iter
20 despite the fact that you had reason to believe Beth 20 demeanor or her personalii'y, based on the way that she
21 didn't want to be there with Henri, and you saw Henri 21 was acting, eyes closed, slumped on the table, arms
22 adding a liquid substance to Beth's drink, that you chos 22 everywhere.
23 not to tell Beth that this had happened? 23 So in my mind, I was like, it doesn't seem- based
24 MR. TODD: Form. 24 on my experience with Beth, it doesn't seem like this is
25 THE WITNESS: Yes. 25 a normal thing for her to be acting this way and acting
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1
1 this wasted. And I think at t11at time my suspicion was 1 Center in Chicago, Henri put an intoxicant in Beth s
2 that there may have been something else involved, 2 drink.
3 especially since she was with Henri at that time. 3 A. An intoxicant, including alcohol?
4 And then there was another time tl1at she had come 4 Q. That1s a really bad word. You thought that
5 into town and was in Houston, and the whole interaction 5 Beth ~w I'm sorry -- you thought that Henri put something
6 was kind of odd, because I know tltat Hemi 1s wife, Ruth, 6 else other than alcohol in Beth1s drink, additionally to
7 was out of town and somewhere. And Henri came in, and e 7 alcohol.
8 was very late, and his shirt was wrinkled, and he made 8 A. I don't think at that~! could have
9 some excuse that he couldn't get into the dry cleaners. 9 conc_eptualized tltat hap``"l and-- because I think
10 And then I remember Beth looking very, very iU, 10 tltat if I had been abl~k he drugged her drink, a
11 like grayish green, and just looking terrible. And she 11 that time I probabl``d ltave said something. I thin<
12 was like-- we we1·e working on tlte computer, and her 12 that at that``timeI~-...very suspicious of Henri's
13 hands were shaking. And that was the same way that site 13 behavior in re ~-to drinking,
• ~or other people's drinking?
1
14 looked the day after she had been acting so wasted in 14 Q. His d
15 Washington, D.C. 15 A. H~nragement of other people drinldng
16 So I'm-- I feel that I'm a perceptive person, and I 16 arollll~.
17 just kind of, those two things in my mind stuck out to 17 ``ou became very suspicious at that point in
18 me. And I feel like at that point I started questioning )}®
18
19 is there maybe something else involved, some other 19 _-~ Yes,
20 substance. Certainly at tltat point I didn't think tltat if(jjj
~ Q. When you became vety suspicious of it, who at
21 it was -- I thin I' that at that point I didn't have the ~ all did you report the suspicion to?
22 ability to make assumptions about what it was. ``2 A. No one.
23 Q. Okay. Help me timing-wise. -;:::.~ ~d2.3 Q. I need to ask you a little bit about your
24 A. Okay. ;?~ 24 personal life. rm
not going to get that faf into it.
25 Q. Te11me the relationship in time between the--~_))' 7.5 Were you~- did you have a significant other at that
~ 46 48
1 I believe it was Fancy Food~- . `` 1 point?
~: ``````? ~0
2 2 A. No.
3 3 Q. Who was your closest friend in the wodd at
4 A. Ult-ltult. ~ 4 that point?
5 A. Christina.
~: ~=~ ``
5
6 6 Q. The lady who's here?
7 Q. And the Hancock T incident in Chicago. How 7 A. Yes.
8 much time transpired l#[w those two events? 8 Q. Okay. How often would you speak to Christina?
9 A. Between th~ri\i-cy Food Show and HancocJ(? 9 A. Daily.
10 Q. Washing!,o~. --well, yeah, I think the 10 Q. So you didn't talk to Christina about it?
11 Fancy Food w~r. 11 A. I told her about me seeing Henri pour something
12 A. Aftel-~tt. So Chicago was the last week of 12 into Beth's drink at the Hancock Center.
13 May. I r``er because it was right around May 28tl , 13 Q. Well, that's different than nobody.
14 That's£I~if my, I have a friend that had a son tltat has 14 A. I'm sorry, I misunderstood the question. I
15 bir~Figltt around that time. And then-- so that wa 15 thought you meant did I suspect that he poured somethh g
16 the Cindy Show. And then Fancy Food was mid July, I 16 else aside from alcohol into her drink.
17 believe. It was definitely after the 4th of July. 17 Q. I asked who you told, Did you tell anybody?
18 Q. Okay. So at least six weeks-- 18 A. Right. The question, in my understanding, was,
19 A. Yes. 19 did yon tell anybody that you were suspicious? Because
20 Q. --afterwards. So six weeks later, by Beth's 20 that's what we're talking about right now.
21 conduct at the Fancy Food Show in Washington, D.C. -- 21 The question I thought I was answering is, did you
22 1'11 refer to them as cities -- 22 teJJ anybody that you were suspicious that Henri Morris
23 A. Uh-huh. 23 was pouring something else other than alcohol into Beth
24 Q. --so those shows don't get mixed up. It's at 24 Jackson's drink at the time of the Hancock Center.
25 that point you then believe that perhaps at the Hancock 25 Q. Okay.
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1 A. And the answer to that question is no. I did, 1 A. Uh-huh.
2 however, tell Christina when I got back from the Hancoc 2 Q. How is that sexually inappropriate?
3 Center that Henri had poured a bottle of vodka into Beth 3 A. I guess it's not sexually inappropriate.
4 Jackson's drink. 4 Q. Okay. It might have been inappropriate to add
5 Q. And what did Christina tell you to do about it? 5 something to somebody's drink without their knowledge,
6
7
8
9
A. She asked me ifl said something, and I said,
"No.'' She was like, "I would have said something."
And I was like, you know, "He made up"-- I did
address Henri the next day about it.
6
7
8
9
sexual regarding that.
A. Right. ;:p
notwithstanding Hemi's explanation, but there's nothing
Q. Okay. You were th~ ·· r about three months,
10
11
12
Q. Still in Chicago?
A. StillinChicago. Andiwaslike,"Youknow,
you really just can't do that. That's-- you can't pour
11
12 ·
A. Uh-huh. u)
10 by your, by your testi199~
Q. I think tha~tty much what we have. The
13 something into somebody else's drink without them 13 Aunt Sally's is`` Orleans entity. Right?
14 knowing." 14 A. Uh-h~h-huh. ] guess I was t11ere about
15 And he said, "No, no, it's because Beth's an 15 four mo~ all of May, June, July and August. F01 J'
16 alcoholic, and she likes to drink doubles, But you and 16 monti.Q
17 Trevor don't drink as much as Beth and I do, so I carry 17 ``y. Aunt Sally's is in New Orleans or that
18 around these bottles." And he pulled like, I don't know, 18 a~on·ect?
19 three or four of those little mini liquor bottles out of 19 ``-: Yes.
20 his pockets. ~i!fj; Q. And of the four trips you went on, is it-- am
21 And he was like, "And I add extra to her drink, but ~ I tight that that's the last one?
22 she asks me to do it and she wants me to do it." <> ~2. A. Yes. Well, I can't •·ecaJJ. I was thinldng
23 Q. Did you ever ask Beth if that was the case? `` ~q 3 about this last night, and Trevor and I actllally took a
24 A. No. ;?~ 2 4 trip to Miami. But I can't recall when that trip was in
25 Q. So Hemi.'s story is Beth is consenting to this\~__))' 25 relation to the Aunt Sally's trips. They were close
~50 52
1 conducl? @ 1 together.
2 A. Beth is consenting to this condu~nd she's 2 Q. Now--
3 very embarrassed about it, so do``Jer about it. 3 A. So there was five trips total.
4 MR. ROSENBERG: He h~'>me dmt il was, 4 Q. Obviously, you don't have any civil claims
5 that we're down -- ..-....~ 5 against the company, and I'm not going to ask you about,
6 THE WITNESS: Ok!:?'~ 6 about things dmt happened, with Trevor there and Henri
7 MR. ROSENBERGi('y~ the last little bit. 7 not.
8 Let's take a break. `` 8 A. Correct.
9 THE VIDE~HER: Time is 11:20. We're off 9 Q. But I do need to ask, do you have any
10 the record. -~-J@:"'" 10 complainls about Trevor's conduct at ail?
11 (Recess f```` ~.m. to 11:23 a.m.) 11 A. No.
12 Tf ·~ GRAPHER: Time is 11:23 a.m. We a 12 Q. Okay. That eliminated a whole bunch of
13 recordi~1g~ 13 questioning. I appreciate that.
14 ' r. Rosenberg) Ms. Farmer, with regard to 14 The Aunt Sally situation, remind me what the
15 w 1.1 bserved with Ms. Jackson, tills whole line of 15 comptroller's name is al Aunt Sally's.
16 ql ing started when I asked you about sexually 16 A. You know, I -- in my statement to the FBI, I
17 inappropriate things you've seen with Beth, or with 17 call her Cheryl the entire time. And I just truly can't
18 people. You said il happened every lime ym1 traveled, 18 remember her name. I think I thought it was Jackie for
19 and ym1 referenced Beth, yourself, and there was one 19 couple of days, and it might be Joan. But again, that
20 other person. Who was the olher person? 20 was so long ago, and it was a brief relationship, and I
21 A. It was the comptTollcr for Aunt Sally~s. A 21 just feel that from the beginning of our relationship, I
22 client, or a prospect. 22 was calling her by the wrong name. So I can't be clear.
23 Q. For the client. All right. You shared some 23 I can tell you her position.
24 information with me about Beth, about d1e substance beinl;] 24 Q. Which is comptroller?
25 added to her drink. 25 A. Yes.
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53 55
1 Q. And Atmt Sally's is a client of Edible 1 trying to separate myselffrom that, but it was a really
2 Software? 2 uncomfortable situation because of the le,•el that they
3 A. They weren't a current client at the time that 3 were both at.
4 I worked there. We were-- they were a prospect, and we 4 And at the moment that we got to the piano bar,
5 were trying to get them to close on Edible Software. 5 Henri said, "Come here. Sit down right here."
6 Q, Ws a praline, praline company? 6 Sat down. He was like, "What do you want to drink?
7 A. Praline. 7 And he was lil,e, "I got to take, I got to get her a cab.
8 Q. Cookies or candy? 8 I got to, she's got to go hom*'s too drunk. She's
9 A. Praline. 9 falling all over the place."to;.rt;;;
10 Q. Iknowwhattheyare. Ican'trememberif 10 Q. ThecomptrolleJ;b``
11 they're cookies or candy. 11 A. The comptroU~o I said, "No, I'll go with
12 A. They're candy, 12 y'all. We can all ~back to the hotel. I want to go
13 Q. Okay. What was the incident that you believe 13 to sleep anywaf~'-'
14 was sexually inappropriate between Hemi and whoever this 14 He said, "~0, no, you sit here. I'll come back,
15 comptroller at Aunt Sally's is? 15 I'm jus~· get her a cab. She needs to go home."
16 A. Well, there was a point in time that we had 16 Q 1 'e were you befme that? You were at the
17 gone to New Orleans to meet with them, and they met us u 17 hote~1 concierge level?
18 in the concierge lounge at t11e top oft11e, it was some 18 o~e were at the hotel at the concierge level.
19 sort of Marriott Hotel, to have a drink. 19 `` ``d then you went to dmner?
20 Henri and the comptroller and Tom, who was theCFO ~J({J A. Then we went to dinner.
21 of Aunt Sally's at that time, they were drinking pretty V Q. Mr. B's?
22 heavily at the concierge lounge and at dinner. And then -edf2 A. Okay,
0
23 we decided to go to Bourbon Stl·eet. _~ ~d2 3 Q. I'm not, I'm not suggesting it. I'm asking
24 And Henri and the comptroller were very much !6t(@t 24 you.
25 on each other; Henri posing it as "She's hanging oG~ 25 A. T don't rl'ntember the name of the restaurant.
& 54 56
1 because she's drunk." "Oh, come with us.~, I have 1 Q. How many drinks did you have at the concierg
2 three girls with me." That made m~£ l~omfortable at 2 level?
3 thattime. ~ 3 A. One. Did I have?
4 And then as soon as we got to ~e -I believe 4 Q. How many did you have?
5 it was Pat O'Brien's. It was so``lr'eling piano bar on 5 A. One.
6 Bourbon Street that 1-Icn,;·~i
w )'J?~ interested in going 6 Q. How many do you believe Henri had?
7
8
9
Q. With who?
A. By myself. -~
a
to. He left with her, and I tltere. 7
9
8
A. Three or four.
Q. How about the comptroller?
A. Three or four as well.
10 Q. I'm sony.<>!~"'-- I mis-askcd. Henri left 10 Q. At any point, did you see Henri adding any
11 with who?`` 11 substance to the comptroller's drink?
12 A. Th toller. 12 A. No, other than more wine.
13 Q WI s originally at the dueling piano bar? 13 Q. Other than more wine?
14 ;-'the CFO, he didn't go. 14 A. (Nodding head.)
15 for Aunt Sally's? 15 Q. But that was open and notorious out of a
16 A. For Aunt Sally's. He didn't go. He went home. 16 bottle. Right?
17 So it was, walking from the restaurant to the bar on 17 A. Yes.
18 Bourbon Street, the piano bar on Bourbon Street, it was 18 Q. Okay. The reason why I ask it that way, I
19 probably like three blocks. 19 believe from your testimony at the Hancock Center, th
20 And when-- the comptroller, she was having a hard 20 substance added to Beth's drink was done in a
21 time walldng aud very much like hanging on Henri. And e 21 surreptitious fashion; he didn't want anyone to see it.
22 was reciprocating in what I felt like was an 22 A. Uh-huh.
23 inappropriate way. 23 Q: Right?
24 And Henri was trying to include me in that kind of 24 A. Right.
25 drunk walking, one girl on each side, And I remember m 25 Q. But here at the Marriott concierge. he poured
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1 it in plain view. 1 A. He didn't have anything. He left as soon as we
2 A. Correct. 2 got there, to take the comptroller home.
3 Q. Added the wine to the glass in plain view. 3 Q. What did you observe that was sexually
4 A. Correct. 4
inappropriate between Henri and the comptroller that
5 Q. And then y'all went to dinner. 5
night?
6 A. Yes, 6A. I think that tbe touching was sexually
7 Q. How many drinks did you have at dinner? inappropriate. 1 think that the amount of time that th y
7
8 A. Two. 8 were gone, maybe I would~..l!Jl it sexually
9 Q. How many drinks did Henri have at dinner? 9 inappropriate, I don~t k B;~}> think it's inappropriate
10 A. Well, we split a bottle of the wine. The 10 when-- I thought th inappropriate that they
11 reason I'm saying two is because I know that we split it, 11 were gone for so Ion r hotel was not-- it was a
12 so I think I had about two glasses, and tl1en Henri bad 12 couple of blocks-~' four at the most. I think it was
13 the rest. So about four glasses in a bottle. And then I 13 just two street`` actually, though.
14 don't know if he had another cocktail. At the time it 14 And I ca~all, but not far enough to be gone
15 dido 't seem relevant for me to count his drinks. 15 for over ``r. And I felt, based on their body
16 Q. Okay. 16 languQ"'fu each other, tltat it was possibly a
17 A. And then Cheryl and Tom, the CFO, they had t" 17 situ``here they maybe just went to the room
18 bottles of wine between the two of them. 18 t``r, because there was like a flirtation, I guess.
19 Q. Cheryl is the comptroller? 19 ``· You just speculated?
20 A. I'm sorry, that's what I call her. ~1fj A. Speculated.
21 Q. I understand that, but I want to make sure ~ Q. No factual basis to know that anything sexually
22 we're-- &f2 went on between the two of them.
23 A. The comptroJier, yes. That's not her nam:~· ~ ~<:!23 A. No.
24 Q. And you understand, I'm not being disrespec 24 Q. And you say he was walking with her holding her
25 to her. 25 up, but this is a person who you've described as having
~58 60
1 A. I understand. -``6) 1 at least a bottle of wine, and more than that in wine--
2 Q. I'm just refening to her as there,g,__~ller 2 A. Uh-huh.
3 because we don't know what her na~ 3 Q. --and a few drinks as well. Correct?
4
5
A. Correct. \U
Q. Okay. So the comptroi~)Titl Tom split a
4
5
MR. TODD: Form.
Q. (By Mr. Rosenberg) Correct?
6 bottle between them? <:!~ 6 A. Will you repeat tlmt?
7 A. Two bottles. Q~ 7 Q. Yeah. You said that Henri was holding the
8 Q. Had a bottle e~1?0c 8 comptroller up.
9 A. Correct. .~
'Y 9 A. Yes.
10 Q. Okay. /in`` y'all go to Pat, to the piano 10 Q. And that's after the comptroller had --
11 bar? Q 11 A. I don't know that I would classify it as-- oh,
~g
12 12 sorry. Continue your question.
13 dinner you had a meal. Right? 13 Q. Well, are you getting to my "holding up"
14 ad appetizers, a meal and dessert. 14 characterization?
15 bstantial -- 15 A. Yes.
16 A. It was a heavy meal. 16 Q. Okay.
17 Q. --amount of food? 17 A. Because I don't feel like he was holding her
18 A. Uh-huh. 18 up, like she couldn'twalk. She was walking--
19 Q. Then you go to the piano bar? 19 Q. Right.
20 A. Correct. 20 A. --fine. She was hanging on him.
21 Q. And bow much did, how much did you drink ther ? 21 Q. She was hanging on him?
22 A. I had one beer. 22 A. Uh-huh, and he on her.
23 Q. One-- 23 Q. Okay.
24 A. Beer. 24 A. He certainly didn't need to have his arm aroun l
25 Q. --beer, and what did Henri have? 25 her--
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61 63
1 Q. That's your opinion? 1 Q. What did he do With you-- what did he do when
2 A. -- for her to walk 2 he got there?
3 MR. TODD: Form. 3 A. He was very disheveled and like sweaty, and his
4 Q. (By Mr. Rosenberg) But he did. 4 hair was amuck, and he told me be had to run all the wa ,
5 A. But he did, 5 like that she fell three or four times, and then be put
6 Q. And you believe that was sexually 6 her in a cab, and then she started hitting on him, and so
7 inappropriate? 7 he put her in a cab and he left. And then he ran all the
8 A. Yes. 8 way back to the piano bar, ~J!)en he ran there.
9 Q. You don't know whether or not that's 9 And he was being very 8~1imated and very, like
10 consensual? 10 disoriented almost a``~&feah.
11 A. Does it have to be consensual to be sexually 11 Q. But obviously ~of, none of what happened
12 inappropriate? 12 when you weren't t~·~ou saw.
13 Q. I'm asking you whether or not you know whether 13 A. Right. ~ rt that I questioned, and my
14 or not it was consensual. 14 memory is ``zzy on this, and it was something that
15 A. I don't know. 15 Henri ac~old me when we got back into town, so I
16 Q. Okay. Is that the only incident that you 16 do~n't.
~.-]I·- I'll just tell you what Henri told me.
17 recall between Henri and Ms. Comptrolier, this 17 '~
18 comptroller? 18 0 ecause I'm not really trusting my memory on
19 A. Yes. But Henri said, when we got back, that 19 .`` hat when we got ~ack to the hotel lobby, that she
20 she was there at the hotel. And l just know tltat the A
~s there still.
21 story just didn't make sense, because he told me be put ~ Q. The comptroller?
22 her in a cab, several times. 0
l0it2
A. Yes.
23 Q. When you got back where? :``~623 Q. Did you ever seethe comptroller there?
24 A. To the hotel. So Henri was gone for upw 24 A. I feel like I have a memory oftbat, but it's
25 an hour. In that time, I was sitting at a bar on ou bo 25 really fuzzy, and I don't know.
~ 62 64
1 Street by myself. And my phone bad `` I was 1 Q. When was the last recollection you have of
2 charging it, because I didn't want to~ ack to tlte 2 seeing to or speaking with-- seeing or speaking with the
3
4
5
bartender charging it. p
hotel with a dead phone. And so I ~ ving the
Well, I was just going to~ eand kind of
3
4
5
comptroller?
A. I spoke to Iter on the phone when we got back to
the office.
6 people watch, but then tiler these men who were 6 Q. That night. I'm sony.
7 there, and they were j # o f being men in a bar and 7 A. Right. That night was when she was leaving the
8 kind of wouldn't stop a n to me, and so I decided to 8 piano bar.
9 leave. ~ 9 Q. Okay. When did you get back to the office?
10 And I askedJI . tender-~ it was 10:00 o'clock at ·1o A. The next day.
11 that point. It ~rly, and I had never been to 11 Q. What did you speak to her about when you got
12 Bourbon ~ nd so I asked the bartender if there w 12 back to the office?
13 anywher~ hat was neat to go that I should probably 13 A. Not the next day, Two days later.
14 go tha~ e was a little bit more mellow and not so 14 Q. When you spoke with her from the office, what
15 cr~ ty-ish. 15 did you speak about?
16 An so he suggested, I went to this like historic 16 A. She apologized for being so drunk, and then she
17 bar that had a mechanically rotating floor. And so I 17 told me tl1at she got to her house, She was like, "I
18 went there, and Henri ended up coming there to meet m , 18 don't know how I got there. I don't remember. I just
19 Q. How did Henri know you were there? 19 woke up in my bed, and then I went outside nnd my car w
20 A. Well, I turned on my phone, and told him, "I'm 20 there."
21 going horne." And then it died, and then when I turned t 21 But Henri told me that he put Iter in a cab to get
22 bac]( on, he was like calling me and calling me and 22 there. And then he told me that he saw her hanging out
23 calling me and calling me. And so I think I finally 23 in the lobby- that we saw her in the lobby, and that
24 texted him and was like, "I'm at this bar." And then he 24 she was still there.
25 came there. 25 He was like, "Remember, remember, we saw her, She
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65 67
1 was in the lobby." 1 Q. Anything you can recall?
2 And I was like, "I don't know ifl remember that" at 2 A. No.
3 that time. 3 Q. Okay. Did Brannen, Ms. Deville, did she ever
4 Q. Okay. So you have no way-- your recollection 4 complain to you that Henri's conduct with her was
5 isn't going to allow you to tell us whether or not she 5 inappropriate?
6 was at the bar -- at the hotel lobby or not. You don't 6 A. No. We did not have that type of relationship.
7 know one way or the other. 7 Q. Did you ever hear Ms. Deville complain to
8 A. Based on what Henri said, she was there. Based 8 anybody else that Henri's c~ with these massages o
9 on what I remember, I don't feel comfortable saying 9 back rubs were inapproprj~
10 either way. 10 A. No. (f"~'@v
11 Q. Okay. 11 Q. Did you ever~enri touch any other part of
12 A. Because I don't remember a lot about that, 12 her body that w~sr back? For example, her breasts
13 so-- 13 or buttocks or < · g --
14 Q. We're going to get to you. But I want to know 14 A. No.~
15 if that's the substance of your information you have 15 Q. --~se?
16 regarding Henri being sexually inappropriate with anybody 16 A. ~ t think I ever saw that.
17 else when you traveled. 17 ~'11you ever notice any conduct with anybody
18 A. Yes. 18 e4$.1(@)lhe office, between Henri and anybody else in th
19 Q. Before we get to you, did you have any 19 r~that was sexually inappropriate?
20 observation of Henri acting sexually inappropriate with ~il((? A. No.
21 anybody at the office, physically on the office premises? ~ Q. When I say "anybody else, 01 I mean vendors or
22 A. Physica11y at the office, I feel like he and /;) ~2 clients that might have visited or anything of that
23 Brannen Deville were always like hugging and g~I~vinge · ~q 3 nature.
24 other back rubs, and I felt like that was inappropri 24 A. No.
25 Q. Always hugging? 25 Q. Did you ever work contemporaneously with Keri
~ 66 68
1 A. Oftentimes. ~ 1 Hill?
2 Q. Okay. Can you put a degree of ij'~cy, how 2 A. No.
3 often during Ore cou"e of a day that t~uld be 3 Q. Did you ever work contemporaneously with Stac
4
5
6
A. It wasn't every day.
Q. Okay. How many times
-dt
together would they be giving cacl~r ack mbs?
eek?
4
5
6
Stewart?
A. No.
Q. Did you ever work contemporaneously with
7 A. It was sporadic~C) 7 Michelle Bamett?
B Q. Okay. From y~ rvation, was it B A. Yes.
9 reciprocal? ~ 9 Q. In the roughly four months that you were at
10 A. Yes, 0
{Jjjj 10 Edible Software, how many of those months were with
11 Q. Okay.!> F~our observation, was it offensive 11 Michelle Barnett?
12 toMs.Dev~ 12 A. One.
13 A.~ es,yes. 13 Q. Okay. So you were there with her a very short
14 Q. . mt --how would you describe the times 14 time?
15 wl~ as offensive to Ms. Deville? 15 A. Right.
16 A. -They had a very playful relationship, but at 16 Q. You didn't lmow her very well, I take it.
17 times I felt like that Brannen didn't think it was funny, 17 A. No.
18 that Henri joked with her about the way that she looked 1B Q. Did you ever talk with her about Mr. Morris,
19 or the way that she acted, and then might try and hug he 19 Henri's conduct?
20 to say, ''Oh, you know, I'm just jolting." And then she 20 A. No.
21 would kind of be like, "No, get off me." 21 Q. Let's now go into conduct that you've
22 Q. What would he say about the way he, she looked? 22 personally endured with Henri. I want to -- before we d
23 A. Well, I mean, he always commented on what 23 that, I want to get into just some background. It's my
24 everybody wore. So it might be the shirt that she was 24 understanding that you worked at Edible from May tmti1
25 wearing or the fact that she, you know-- I don't lmow. 25 Angnst 2001.
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69 71
1 A. Correct~- 1 A. I was having a bad relationship with my
2 Q. Thais not correct. 2011. 2 supervisor at the time.
3 A. Right. 3 Q. Were you terminated?
4 Q. Okay. It'smyunderstandingyourespondedto 4 A. Yes.
5 Linkedin posting. 5 Q. What did they tell you were the reasons for
*
6 A. Correct. 6 your termination?
7 Q. Were you living in Houston at the time, or did 7 A. For being late.
8 you come to Houston for that job? 8 Q. Tardiness?
9 A. I was living in Houston at that time. 9 A. ffit-huh. (',._ [(jj~
Q. So you were o ;;t~'W\jtk lookmg for a job when
10 Q. Were you living alone? 10
1
11 A. No. I had a roommate. 11 you connected with~ Software on Linkedln?
12 Q. Who was the roommate? 12 A. Correct ~
13 A. Amy Horican. Amy Horican. 13 Q. How i`` you been out of work?
14 Q. How do you spell her last name? 14 A. Two-~ half months.
15 A. H-0-R-1-C-A-N. 15 Q. Isit~ue that after you left Edible
16 Q. Okay. Do you-- are you still in contact with 16 Softw~u went back to work for Mattress Finn?
17 Ms. Horican? 17 ``~
18 A. Yes. 18 .~Herein--
19 Q. How do you know her? 19 ``~· In Corpus Christi.
20 A. My, she's a friend. A«!fi; Q.
--Corpus.
21 Q. How did you meet? ~ A. It's a franchise, d/b/a Mattress Firm.
22 A. She is a childhood friend of one of my colle¥ -cd-2 Q. Got it. Tell --describe for me your interview
23 roommates. j~d23 process with Edible Software.
24 Q. Where did you go to college? r?~ 2 4 A. I was-- I got a phone call, and had been
25 A. University of Texas. __ U' 25 applying a few different places, and it was Henri. And I
~ 70 72
1 Q. When did you begin living with Ms. ~an? 1 believe I was running at the time. So I wasn't really
£[)
2 A. In April of2010. .?.1Jx~ 2 like in a place where! could take notes.
3 Q. Do you know what Ms. Horica~n~ra living 3 Q. When you got thccall, you were on a run?
4 at that time? 4 A. Right.
5 A. She worlwd at Memoria mann. She was a NU U 5 Q. Okay.
6 nurse. ,...,.,(Q 6 A. And so I wasn't in a place where l could take
7 Q. Neonatal httensive -o~nit? 7 notes, but Hemi and his consultant, Charles Butler, were
8 A. Uh-huh. r( ~ 8 on speaker phone. So we had a brief phone interview, an
1
9 Q. Do you kno~'iiels still there? 9 Henri said, "You Jmow, I don't really know if this is the
10 A. She livcsyl~-!iton. She worl{s at Children's 10 right position for yon, if you're qualified, but I'd like
11 as a pediatricFrse. 11 for you to come in. Your resume and your cover letter
12 Q. Tex en's Hospital? 12 intrigued me, and I'd like for you to come in and talk
13 A. Ub" ~'-.) 13 with us. Can you come ht?"
14 Q:_ ~as your address in Houston? 14 And I said, "Yes.'' I believe that wns Tuesday. And
15 ~')8 was my-- no, that's my current address. 15 I said, "Yes, I can come in tomorrow for an interview."
16 Was ~00 Studemont, Apartment 33- I can't recall the 16 Q. So you followed that up with an office visit.
17 address. It was -- I believe it was 300 Studemont, 17 A. Uh-huh.
18 Houston, Texas, 77007, but I could be incorrect on the 18 Q. What was discussed thel'e?
19 street number. 19 A. He told me a lot about the company and his
20 Q. 'l1tat's okay. Why was itthatyoumoved to 20 expectations of what he wanted in the role, which was
21 Houston? 21 somebody who would be able to develop the marketing aJ
22 A. I moved to Houston in2009 to start working for 22 sales department, and to travel to these trade shows and
23 a company called, a retail company caHed Mattress Firm 23 be able to talk to people, and that there was a fair
24 out of coHegc. 24 amount of writing that would be involved, and that was, I
25 Q. Why did you lcaveMattl'ess Finn? 25 mean, in a nutshell what it was,
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1 Q. Okay. How long did it take for you to be 1 Q. Did you, did you graduate from the University
2 offered a position? 2 of Texas?
3 A. I was offered the position that same day. 3 A. I'm one credit away from graduating, so no.
4 Q. Did you accept? 4 Q. Okay. One credit away?
5 A. I officially accepted on tbat Friday, when I 5 A. Ub-huh.
6 took in my offer letter to sign. 6 Q. Right now?
7 Q. So it was Wednesday when you had the inte1view, 7 A. (Nodding head.)
8 they offered you the position then, and then there was a 8 Q. What~- assuming y~ that credit, what do
9 process in which you obtained an offer letter? 9 you expect your degree to8Qnferred in?
10 A. Yes. I and I can't recall if it was tbat
ww 10 A. ABA in soci?J9~<{Ji'tb a minor in business.
11 Wednesday evening or that Thursday evening that I 11 Q. Okay.. When~Jthe last time you've taken
12 received the offer letter. And I was kind of waiting ww 12 courses towards ``egree?
13 to me, I didn't officially accept until I signed the 13 A. In 201~t~arted a course and didn't finish
14 offer letter, or they didn't officially offer me the 14 it ~
15 position until I signed the offer letter. 15 Q. Tft~s before you gave your statement to the
16 Q. You wanted it in writing? 16 FBI.~?
17 A. Right, and I wanted to see the salary and, I 17 ~Yts:
18 mean, that's ,lust how you get a job. 18 <>~from the time you began at Edible until the--
19 Q. What was the salaty? 19 ~:(~l'e ask it this way: How much time did, were you, v.fls
20 A. It was 48,000 a year, with commission, 3 A
~hat you were working at Edible until you took your
21 percent on each net sale of the software. ~ first trip?
22 · Q. How did that compare to what you were maldng ~t e_d2 A. Oh, two weel{S,
23
24
the Mattress Finn? J~d23 Q. Okay. How did that come about? How did the
A. It was ntore. And I was making about th~ 2 4 trip come about?
25 in salary, and then I but I was going to be m:~)li 25
ww A. Well, Henri had planned on going to visit a
i!!; 74 76
1 additional commissions at Edible Softwa~o it was 1 couple of clients there, and two ofwhicb were Ww
2 substantially more. rr:,~\f:J 2 Q. Where?
3 Q. What were your duties and re``ilities when 3 A. In there's a client be wanted to visit in
lU
ww
4 you first stmted? 4 Philadelphia, and then one in New Jersey, one in Newar
5 A. To set up all of our soci tlit:dia, to maintain 5 Or I guess that's New Jersey as well. Somewhere in the
6 and learn how to maintain tl bsite, to Jearn how to 6 like country of New Jersey and then down in the ports of
7 demo the software, to rna Is to clients, like cold 7 Newark. So the first two were prospects. They weren't
8 calls. I would cold ca~ on clients who had, they 8 Edible Software clients. And then that he wanted to
9 had been talldng t~"fiad reached out to us saying they 9 visit a current and very old client in Ncwarlt, and then a
10 were interestedJ~oftware. And, and I would write 10 prospect in Connecticut, and then we were supposed to
11 different pieceus and marlwting type pieces about 11 visit another client in New York as well, but that ended
12 Edible Sort:41_~ 12 up canceling,
13 ``~ave experience doing that type of work? 13 Q. Okay.
14 14 A. So he, upon this trip coming up, he said that
15 ~'Om where? 15 be thought it would be a really good learning experience
16 A. On the sales side, I sold with Mattress Firm, 16 for me and suggested that I go.
17 and I did sales training with them. And when I was in 17 Q. Were you excited to be going?
18 Learning Development at Mattress Firm, I wrote conten, 18 A. Yes, absolutely.
19 training sales content there. 19 Q. Had you ever been to the East Coast before?
20 And from a accounting and inventory standpoint, I, 20 A. I had been to the East Coast, like southeast,
21 in college, had worked at the Crowne Plaza Hotel and di 21 .but not Manhattan, New York area.
22 their inventory and accounting for food and beverage, 22 Q. So it was an opportunity for a new, a new
23 which was the bar, restaurant and room service. 23 expetience or to visit some place you hadn't been?
24 So I guess all of those facets combined. And I did 24 A. Yeah, but I mean, I've been a lot of places, so
25 trade shows for Mattress Firm as well. 25 you know, and I certainly it was a work trip, so I did
ww
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ANDREA FARMER 7/11/2013
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77 79
1 understand that it was going to be like in the ports of 1 Q. Where did you go?
2 New York as well, so, yes. 2 A. We went- Henri wanted to go to the concierge
3 Q. Which is where the clients are? 3 lounge, but since it was Sunday, it was closed. That's
4 A. Right. 4 how I remembered it was Sunday. And he-- so we ended p
5 Q. Especially the seafood people. 5 going to t11e bar and ordering food from the bar, because
6 A. Right. 6 that was the only thing that was open at that time. So I
7 Q. How did you -- what was your first stop on the 7 went down on my own, and then Henri ntet me like a coup e
8 trip? 8 of minutes later. ~
9 A. The hotel. What client was my first stop? 9 Q. When-- how longwr§ there before Berni
10 Q. No. What city was first? 10 wasthere? ~
11 A. PhiJadelphia. 11 A. Two minutes. U
12 Q. How did you get there?. 12 Q. Did you visi~1 Henri during that time you
13 A. By airplane. 13
were there? 0~
14 Q. Did you travel with Henri or by yourself? 14 A. Yes.~
Q. Ord~ome snacks or fbod or something like
15
16
17
A. I traveled by myself.
Q. Okay. Where did you first meet up with Henri?
A. At t11e Philadelphia airport.
15
16
that?
17 ~h-mh.
2
18 Q. He picked you up, I take it. 18 0~ ow long were y'all there?
19 A. Yes. He, I think, had gotten in a little 19 ~· Maybe an hour-and-a-half.
20 earlier tlmn I had, so he went and got the rental car an 2D@Q. And what happened next?
21 then picked me up outside. ~A. l went to sleep.
22 Q. Okay. About what time of day was it that you `` Q. Okay. With ~24 A. It was evening, probably like 8:00. !.(_
~ 24 A. Uh-huh.
25 Q. What day of the week? jf 25 Q. -- are you, do you have any infonnalion or
~ 78 80
1 A. Sunday. ~ 1 testimony about anything sexually inappmptiate or
2 Q. Okay. Afterhepicksyou u~Fri eairport, 2 sexually offensive that happened between you and
3 where did you all go? `` 3 Mr. Manis then?
4 A. We went to the hotel. Q) 4 A. No.
5 Q. Were you present~ ck-inproccss? 5 Q. What was your conversation like?
6 A. I don't think I was r an ding over hhtL 6 A. It was just polite conversation between two
7 Q. All right. Heche - ou in? 7 people who didn't ]mow each other that well. We talked
8 A. Yes. · Q 8 about our flight. Hc.was talking to the bartender as
9 Q. You got sit~ -nl your room? 9 weJI. She was a blonde lady, I think there was some
10 A. Uh-huh~ {[jjj 10 sort of sports game on. So nothing substantial.
11 Q. Did :xo~w what room he was in? 11 Q. Okay. Tills is a Sunday night y'a11 are getting
12
13 A.~
C ~
PORTER: I'm sorry?
12
13
in there.
A. Uh-buh.
14 ~ r. Rosenberg) Did you know-- my questio 14 Q. How long was the business trip to last?
15 w . ou know what room he was in? And then your 15 A. Okay, let me think. I guess we were to be back
16 answer to that question was? 16 that Thursday evening.
17 A. No. 17 Q. Okay. Without going Uuuugh evety bit of
18 Q. Do you know if he knew what your room was? 18 detail about d1e trip and the clients and the customers
19 A. I assume he did. He checked us in. 19 you've seen, I want you to tell me the first thing that
20 Q. After you got situated in your room, I imagine 20 happened on that trip. So it's the one that ended, you
21 you just got to your room, did what you had to do, and 21 believe, the Thursday evening?
22 went somewhere. 22 A. Ult-huh. Well, we ended up getting back tl1at
23 A. Uh-huh. 23 Thursday morning, because the last client canceled, sow ,
24 Q. Correct? 24 took an earlier flight that Thursday,
25 A. Yes. 25 Q. I'd like you to tell me anything that happened
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ANDREA FARMER 7/11/2013
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81 83
1 during that trip that you believe to be sexually 1 to like pat and like feel on his like pants pocl{ets where
2 offensive or sexually inappropriate between you and 2 his phone is, and I can't find it
3 Mr. MatTis. 3 He's like, "Hey, stop. Wltat are you doing? Stop,
4 A. Can you be more specific? 4 stop, stop that."
5 Q. I mean, do you have any recollection of 5 And I'm like, "No, you have to give you cannot
ww
6 Mr. Manis engaging in anything during that trip that was 6 have a picture of me like that. Why are you in here?
7 sexually offensive or inappropriate with you? 7 What's happening?"
8 A. Yes. I don't have a recollection of dinner or 8 And so then he, he walk~f the room, and I shu
9 getting back to the hotel. 9 the door, and I'm just lik``~ave no idea what's
10 Q. On what day? 10 going on. And then '``6tf{s, and he's lil{e, "See, loo
11 A. On-- this would have been Monday night. 11 I don't have any pic~lofyou," and he bands me ltis
12 Q. Okay. So your second night ofthe trip? 12 BlackBerry. ~
13 A. My second night there. 13 Well, I star``g to look through it, but I can't
14 Q. And that's a different hotel than where you 14 Jike even rea1~gure out how to work the phone. Lik
15 were the first time? 15 I think I ~ing to lool{ through tlte pictures, but
16 A. It's a different hotel. It's a Marriott in 16 like I`` t think to figure out how to get to where I
17 Newark. 17 wan~to go.
18 Q. Downtown Newark, or by Newark airp01t? 18 <>~it was really frustrating, I remember, because
19 A. I don't know. 19 . r~"';'ve had BlackBerry forever, and I kn~w how to 1i e
20 Q. YoujustknowitwasinNewark. ``kin secret folders and-- or not secret folders,
21 A. Right. ~but--
22 Q. Okay. 2 Q. Hard to access folders?
0
23 A. Because the client that we were meeting the 3 A. Hard to access folders, right, and look in tltc
24 next day was in Newark. So we went to dinner, aJ!~ 24 files. And so that's what, in my miml, I wanted to do,
``````-out, and J don't remember anything up un~ki11 g 25 but I just couldn't think about like wltat I was doing or
82 84
1 up with like a pillow and some covers ovc1· ~ace and 1 how to do it or even like you know, I just remember
w-
2 some blankets around my anKles and`` somebody ta e 2 having tltis phone il1 my hand like "I've got to get this
3 a picture. And when I moved the co~ see, Henri's 3 picture off of here," but I couldn't even think to work
4 standing over me, and I'm naked\0 4 the BlackBerry.
5 And so I was so tired, and I j sfcouldn't even 5 So I just handed it back to him, and I was like,
6 So I think I like 6 "You need to leave." And I shut the door and locked it,
7 7 and then went back in bed and like laid there for a
8 like, "Wait, I'm not" w "'1 { hat's going on?" 8 second thinking li.ke, ''What in the world just happened? '
9 And so I was lik~J JJCd up, and I was like, "What 9 And then I fell back asleep for like four hours.
10 arc you doing? ~r'!e!J" --did you just take a picture of 10 Q. Okay. I appreciate your recollection of the
11 me?" ~ 11 transaction, but I want to go back
12 And he , "What? No, no." 12 A. tlh-hult.
13 · {e, "Why are you in here? What are you 13 Q. The last recollection you have before waking up
14 dol~1
?' (C "Get out of here, get out of here." I was 14 with the blanket around you, and as you've described for
15 Iii{ " :Q, I have to get the picture." 15 us, without any clothes on --
16 An 1
was so disoriented and so confused, and the 16 A. Uh-lmh.
17 bed was just like really, like the covers were all 17 Q. --what's the last recollection you had?
18 fluffed up and there were pillows all around. And so I 18 A. I remember being at dinner, and I, it's Jikc
19 was just like looldng around, and I bad the covers pulled 19 really fuzzy. Like I really don't remember a lot, but I
20 around me, and I was like, "You need to give me that 20 remember there was some comedian there, and that Hen i
21 camera. You can'tltave that picture." 21 liked him, and he was like taking pictures of him and
22 He was like, "No, no, no. It's fine. It's fine. I 22 talking to ltim.
23 didn't take a picture. I didn't take a picture." 23 But it feels like, like I remember it and I know I
24 So then I dou't see the phone anywhere, and it's 24 was present and I know I was talking, but I don't know
25 kind of dark in the room. And so I'm like kind of trying 25 what 1 was talking about or if I was malting any sense or
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85 87
1 anything. But I know that there was a comedian there, 1 Q. All right. We know three things. We know that
2 and I know that I was sitting at like a table. 2 this is a picture of you and somebody. Right?
3 (Exhibit 1 marked for identification.) 3 A. (Nodding head.)
4 Q. (By Mr. Rosenberg) Take a look at Exhibit 1 to 4 Q. Correct?
5 your deposition. 5 A. Uh-huh.
6 A. Uh-huh. 6 Q. Yes?
7 Q. What is that? 7 A. Yes.
8 A. Me and a man. 8 Q. And we know that ~-$L,gicture was taken the
9 Q. Do you know who the ma:ri. is? 9 night. you 1re talking aboutJ~use this is what you wer
10 A. No. 1 0 weanng. ? ~if:@
11 Q. Isthat--doyourecallthatasbeingthe 11 A. Yes. U)
12 comedian you're refening to? 12 Q. Okay. W``were you before that? Whatever
13 A. I mean, obviously it is who it --like-- 13 place this pict~Y; taken in, where were you before
14 Q. l'mjustasking. 14 it? ~"'
15 A. Based on what I'm wearing and the fact that I 15 A. A~- well, we were a lot of places, Do
16 remember being there and taking pictures and the eonte 16 you ~e to start from the beginning?
17 of this conversation, yes. 17 ``What I want to get at, the clothing, you
18 Q. I'm asking you-- 18 s~u recall what you were wearing.
19 A. Yeah. 19 ``· Uh-huh.
20 Q. You know, I know who this person is because A :f(jj}
Q. To me it looks like a top.
21 he's a public figure. But I'm asking you. ~ A. Right.
22 A. I don't know who this person is. ~2 Q. A11 right. But you know which one it was.
23 Q. Iunderstandthat. Isthisthemanwhowas -:0.``q3 A. Yes.
24 identified to you as a comedian that night? ~ 24 Q. Was that what you were wearing all day?
25 A. Sothatquc>stion'sC'onfusing,becauscl'm U 25 A. No.
~ 86 88
1 telling you J don't remember who the co~an was. 1 Q. So you changed into this article of clothing--
2 Q. And I'm not asking for his nam!£> 0 2 A. Yes.
3 A. I don't even remember his ``ike I vaguely 3 Q. --before y'all went out to dinner.
4 remember I Jmow he looked lik~ii'd like a prominen 4 A. Yes.
5 nose and kind of reddish ha~·r, ``here was another 5 Q. After the work day, you changed outfits.
6 gentleman with him that wa be Jii(e didn't have a I t 6 A. Yes.
7 of hair, but J don't-- su~ say I have a good 7 Q. Okay. When you changed outfits, you were at
8
9
memory.
Q. Uh-huh. ~ :::>
U 9
8 that airpmt --I'm sony-- you were at that hotel in
Newark?
10 A. And I c'W 'lf@Pk of details. 10 A. In Newark, right.
11 Q. Okay .. !l'iiS 11 Q. And then you went into Manhattan.
12 A. J c`` think of what I had for dinner or 12 A. Yes.
13 theRr·estatl§lhat I was at. 13 Q. Did you take the train to Manhattan?
14 Q. e ask this, is this you? 14 A. No. Henri drove the tan rental car.
15 . s. 15 Q. You remember it being a tan rental car.
16 Q. kay. Is this what you were wearing that 16 A. Uh-huh.
17 night? 17 Q. Now, from Newark, there are three ways to get
18 A. Yes. 18 into Manhattan. You could have taken the Lincoln Tunne ,
19 Q. All right. I'm not trying to trick you. I'm 19 the Holland Tunnel, or the George Washington Bridge. D
20 just trying to -- 20 you remember?
21 A. No, I'm just trying to figure out what you want 21 A. Took a tunnel.
22 me to -- how you would Jike me to answer the question. 22 Q. But you don't know which one it was?
23 Q. I just want you to answer the questions as it 23 A. Do tltcy both go underwater?
24 happened, truthfully, to the best of your knowledge. 24 Q. Both tunnels go-- yeah. You go actually m~dcr
25 A. That's what I'm trying to do, 25 the Hudson River.
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89 91
1 A. What are the two names of the tunnels? 1A. It's a to-go coffee cup. Like that you have in
2 Q. Lincoln and Holland. The Lincoln Tunnel gets 2
the hotel, probably about this tall. Twelve ounces
3 you out at 42nd Street. The Holland Tunnel gets you o t 3
maybe, or ten ounces. And I asl{ed for vodka soda._ AI
4 at 14th Street. so he makes it for me. And it was so strong, like so
4
5 A. I don't know. I'm not familiar. 5
strong I couldn't even drink it. All I could taste was,
6 Q. All right. You remember taking-- do you it tasted like I was drinking a cup of vodka.
6
7 remember, do you remember going over a bridge? 7And I was telling Henri, I was like, "I cannot drink
8 A. We went under a, we went in a tunnel. this. This is too strong." I ~e, "Let's mal{e two
8
9 Q. Okay. drinl{S out of it."
9 -~
10 A. And we were on a bridge, yes. 10 He was like, "No,_~It's fine. It's fine.
11 Q. Do you remember going through the tunnel? 11 Here, let me get youYher bottle of soda, and you ca
12 A. Kind of. It starts getting fuzzy when we were 12 just l
15 anything to drink? 15 He's lit~o, no, no, just here."
16 A. Yes. 16 AnCollasked the lady-- there wasn't any soda
17 Q. What? 17 righ~i{ I don't think And so I asked the lady that
18 A. I met Henri in the concierge lounge. I asked 18 li~ps tlte attendant at the concierge lounge, and sh
19 for a glass of wine. Henri was always very Jil{e 19 ~ght me a bottle, like a little glass bottle of soda,
20 persistent that I ltave a real cocktail, and I like to ``d I was pouring into it.
21 drink wine. And I don't really do very well with rea ~ So tlten we're driving, and I'm drinldng tltis drink
22 liquor. And--
0
fb:it2
and ldnd of like pouring into it at the same time. And
23 Q. When you say "realliquor, 11 you mean vodka:J{ ~q3 just remember like-- it was kind of a long drive, and it
24 gin, bourbon? !?~ 2 4 was stillligltt outside, so I guess it was still right
25 A. Yeah, hard liquor. ---~-J)' 25 around rush hour.
rt!f 90 92
1 Q. Okay. @> 1 And I remember going under the tunnels and throu t
2 A. And so I remember the n ghi· !~'
' I was 2 the bridges, and we were stucl{ in traffic, and the toJJs,
3 having a glass of wine with dinner Philadelphia 3 and just feeling really fuzzy, and like, "Oh, my gosh,
4 restaurant, tlte bar at the hotel.t(:flC; as like, "Oh, 4 I'm getting really tipsy off of this drink, and maybe I
5 c~tail."
you're not going to have a r i a 5 haven't eaten a Jot today," and just kind of do like a
6 And I was like, "I just r~ "){e to drink wine." 6 mental check on myself.
7 And so tlten again, I 1\~ or a glass of wine. I 7 And I tltink that that H- I always try and do that
8 assume it was a red ~e~nd so he poured me tl1e gla s 8 when I'm drinking and I'm starting to feel light-headed
9 of wine, and then`` talking and eating some 9 just ldnd of, okay, recognize how I feel, slow it down,
10 appetizers. 0 ~ 10 and Jmow tltat I need to kind of be aware of myself.
11 And he w~s~ 'Well, let's, you know, we can go 11 But by the time we got into the city and parked by,
12 either to A,~ City or we can go into Manhattan. 12 I guess we parked by Times Square, I was feeling very,
13 What do ``nt to do?" 13 like really tipsy and disoriented J guess.
14 Ag_``s like, "Well, I want to go to Manhattan 14 Q. So you have recollection of getting 1hrough the
15 th~ke I have no interest in going to Atlantic 15 tunnel, parking at least to recognize it was Times
16 City. 16 Square, or something you thought was Times Square.
17 And he's like, "Okay." And lte was like, "Well, 17 A. Yes.
18 let's get another drink before we .go. But have a real 18 Q. Okay.
19 drink, and I'll flx it for you." 19 A. And then Henri showed me this, it was like a
20 And, and so he fixed me this drinl~ and it was in 20 subway or a train station where there were these men
21 like a cup just like that. 21 carrying tltis beam. And then it's lil{e it was like an
22 Q. It's the court reporter1s cup, but it looks 22 optical illusion painting, where if you look from like
23 like a HH 23 two different sides, tltat it's the same, like they're
24 A. It's a coffee cup. 24 each carrying the same bench or log or whatever it was.
25 Q. -- toHgo cup, coffee cup. 25 I can't remember.
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93 95
1 And so be's showing this to me, and he's being ldnd 1 this is where it just starts losing it.
2 oflil{e really hands on with me, and I remember it makit 2 Q. Okay.
3 me feel uncomfortable. 3 A. Like I can't remember anything. I remember tl c
4 And I remember when we were leaving the concierge 4 comedian being there. I remember us taking pictures.
5 lounge, we were in the elevator, and I was kind of like 5 But I don't remember leaving. I don't remember eatin
6
7
8
9
10
standing like kind of tense. And he was like, "Oh, you
have like your-- you look tense right here." And he
like ldnd of pressed on my shoulder.
And I was like, "Oh, yeah, I guess I am, from
sleeping in a hotel bed."
7
8 couldn't tell me?
9
10
A. No, I couldn't~ell
(Exhibit 2 marl3 A. It's a man's shirt, so--
24 then when we were at the subway station, be kind 24 Q. I understand. So you, your testimony is you
25 had his bands on my shoulders and was like poin tg n 25 don't remember anything from that point forward that you
~ 94 96
1 like "Look up, look up." And that made ~feel 1 just described ``
2 uncomfortablctoo. ~{JJ 2 A. Uh-huh.
3 Q. Now, the thing you're referr' the 3 Q. -~ until you get back to d1e hotel?
4 subway station where the murals ~ 4 A. Right.
5 A. Where the murals;j: he train station. 5 Q. So you don't remember driving back to the~-
6 And then -- do we need to ta reak? 6 A. No.
7 Q. I'm sorry? Not yet. e going to get it in 7 Q. --to New Jersey or anything of that nature?
8
9
10
A. Olmy. So i
about two or three mi~
"Stopped and wanted to get a
drink at some liJ: ~ , like some side-bar, like a side
8
9
10
A. No.
Q. You don't remember what you ate?
A. No.
11 street. And]~ time was like, "I can't drink 11 Q. Don't remember what you might have drank at
12 anything~ already feeling like I can't walk." 12 dinner that night?
13 And so ot a drink, and he wanted to walk with it 13 A. No.
14 on t h e f t I was like Henri, "I don't thin!< that 14 Q. Or anything like that?
15 yo~ owed to do that." 15 A. (Shaking head,)
16 An he was like, "Oh, no, it's fine. It's fine." 16 Q. All right. This is probably a good time to
17 But then I think the bartender or the bouncer at the 17 take a break
18 door ended up telling him, "No, you can't," so he kind o 18 A. Okay.
19 like guzzled it down. 19 THE VIDEOGRAPHER: Time is 12:21 p.m. We'r
20 And tlten we continued to wall<, and then I rcmembe 20 off the record.
21 him giving me the option between two restaurants. And 21 (Recess from 12:21 p.m. to 12:54 p.m.)
22 guess I picked one. I don't remember that. Or I don't 22 THE VIDEOGRAPHER: The time is 12:54. We a
23 remember which one it was, but there was like a -- I, it 23 recording.
24 doesn't matter. I couldn't describe it. 24 Q. (By Mr. Rosenberg) Okay. Ms. Farmer, we've ha
25 But-- and that's where I remember sitting-- and 25 a break. And before the break, we stopped the
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ANDREA FARMER 7/11/2013
25 (Pages 97 to 100)
97 99
1 questioning at, I believe you told me everything you 1 A. Correct.
2 remembered about the dinner in Manhattan-- 2 Q. But after Henri left, you remember sleeping for
3 A. Uh-hub. 3 about four more hours?
4 Q. --the night you believe you met someone who 4 A. Yeah. Because I feel like-- I think I looked
5 was purported to be a comedian who you can't identify. 5 at the clock and it was around 4:00a.m. I believe the
6 A. Right. 6 question I answered was, 11 Do you lmow llOW long Henri w
7 Q. And you don't remember anything about the trip 7 in your room? 11 No, I don't know how long he was in my
8 back to Newark. 8 room. When I wol{e up, I be~"!::Y was around 4:00a.m.
9 A. No. 9 And then I remember l~im k ~ng on the door and wakiu
10 Q. But you do remember-- you shared with us what 10 me up at around 8:00. hy I came up with four
11 you did remember when you did return, when you were t 11 more hours. U
12 the hotel, and that is Henri in your room with you had n 12 Q. Did youhav~reason to believe at that
13 clothes on. 13 point that you h~ physically violated?
14 A. Uh-huh. 14 A. Yes. ``-
15 Q. And you believed he was taking pictures. 15 Q. O~whatfashion?
16 Correct? 16 A. ~ really like red 1 and I had some bruises
17 A. I heard like the sound of a Blaci(Berry camera 17 on ``tl1e top of my arm and on my like hip area.
18 Q. Like a clicking type of a sound? 18 o~ou didn't take any pictures to prese1ve that?
19 A. Like a clicking, lil(e the picture sound that a 19_``· No.
20 BlackBerry mal(es when it's taking a picture. 20 t!fjj
Q. Okay. Do you believe you had been sexually
21 Q. Do you recall with any degree of specificity ~violated?
22 how much time Hemi was in your room? <> ~22 A. Yes.
23 A. No. 23 Q. In what fashion?
24 Q. Youjustlmow he was there? 24 A. I was having pictures taken of me with my
25 A. I mean, I saw him there. 25 clothes off.
98 100
1 Q. So that's how you know he was the~ecause 1 Q. Okay. Anything else that would lead you to
2 you saw him? . . ``\fj 2 believe you were sexually violated?
3 A. Right. ~ 3 A. J felt like I had been like touched, but not
4 Q. You said you had no clotl~. 4 lil(e --like it didn't feel like anybody had sex with m
5 A. Correct. 5 Q. All right.
6 ere situated in a 6 A. But I was kind of Jike sore in my female
7 fashion you were able to 7 regions.
8 A. They were, lil{"pi ss they were, there was 8 Q. You believed you were sore in your female
9 like a lump on-- y't;e1:herc was a couple of pillows a 9 regions?
10 the end of the Jtc~ 1 then most of the pillows were 10 A. Yeah, but not --lil(e on the outside.
11 11 Q. Okay. Where was the bruising? I'm sorry.
12 Q. At 12 A. I had bruising on my hips, and then at the to
13 testimonytR t Henri took pictures-- did you take any 13 of my left arm, like on the back side of it.
14 picture~or example, to preserve what the room 14 Q. And without belaboring this, so I can move on,
15 lo~)(e, or where you were, or anything that would 15 none of this was documented by terms of photographs r
16 help anYbody looking back to reconstruct the scene? 16 other ways to preserve the fact that you had been,
17 A. No. 17 experienced some trauma.
18 Q. You owned a cell phone at that time. Correct? 18 A. Well, other than the picture that Henri took.
19 A. Right. 19 Q. I'm talking about the bruising. Did the
20 Q. Was it a phone that had a camera feature in it? 20 pictures depict bruising?
21 A. Yes. 21 A. Yes.
22 Q. You told me you don't remember what time this 22 Q. Okay. At that point, when did you-- at that
23 was. 23 point, you never-- you never reported it to anybody at
24 A. Uh-huh. 24 that point. Correct?
25 Q. Right? 25 A. No.
U.S. LEGAL SUPPORT
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ANDREA FARMER 7/11/2013
26 (Pages 101 to 104)
101 103
1 Q. How did you~- tell me how you obtained the 1 Q. --if you're ready.
2 pictures. 2 A. Uh-hub.
3 A. The FBI showed them to me after they had take 3 Q. You realize you weren't ready.
4 them from Henri. 4 A. Ult-huh ..
5 Q. All right. Up unti11he point of the FBI 5 Q. Didn't say anything to him other than you were
6 showing them to you, you had never seen them? 6 going to get ready and then you got-- as you desctibed,
7 A. No. 7 got dressed?
8 Q. And you were able to identify them? 8 A. I said, "I'll be down ~_l1minutes."
9 A. Yes. 9 Q. okay. Atanypa·intth~orning,dictyouask
10 Q. Did the FBI tell you how they obtained them? 10 him about the previous ~ v
11 A. They had a search warrant for the technology o 11 A. I didn't ask hi out it. I said, "I don't
12 Henri's computer and in his office, and they found the 12 know what happeJ~ That was so inappropriate. This i
13 on a locked flash drive. 13 not like who I ~(f,]~at's completely unprofessional. I
14 Q. To your knowledge, are those the only pictures 14 don't know ~lappened between us, but I know that i
15 he had, that he took of you? 15 was w~o1 @!j
16 A. No, 16 An s putting on my makeup in the car, and I
17 Q. Okay. What other pictures were taken of you? 17 felt~ 1 twas inappropriate, to be out drinldng the
18 A. There were pictures taken of me in New Orlean • 18 ~:(~fore, and then wake up and your boss is in your
19 Q. Okay. New Orleans was a couple of trips later. 19 ``'and then I slept late, and then I was in the car
20 Correct? R``1ving to a client and putting my makeup on in front of
21 A. Yes. ~ him.
22 Q. Because it was the last trip out of a sequence 'f:d2 Like I just felt like the whole situation was
23 of four that you were-- =~ ~q 3 incredibly inappropriate and incredibly unprofessional o 1
24 A Five. t?~ 24 botl1 of our parts. And I didn't know what bad happene ,
25 Q: --with Henri alone. U' 25 but I knew that at some point I lost control, and I felt
~102 104
1 A. With Henri-- no, I was only with`` twice 1 like-- what happened? Like I just, I didn't know. I
2 alone. J/;,"'Q 2 knew it was a mistake, and I knew it was wrong, but I
3 Q. Okay. The New York trip. ~ 3 didn't understand bow I got from Point A to Point B;
4 A. New Yorl{ trip. U 4 Q. So you don't, you're not in a position to tell
5 Q. And the New Orlea~stri 5 us whether or not what happened between you and Henri
6 A. And the New Orleans- 6 that night was consensual. You can't tell us, because
7 Q. The next moming, ake up and Henri calls 7 you don't remember. Is that fair?
8 you? `` 8 MR. TODD: Fonn.
9 A. He knocks ~;i;y1Joor. 9 TI-lE WITNESS: No.
10 Q. What did.r;Y~cuss when he knocked on your 10 Q. (By Mr. Rosenberg) Why not?
11 door? >:» 11 A. If you -- I did not consent to those pictures
12 A. He e, "Where are you? Are you ready? 12 being taken.
13 We have at this client." And I guess he had been 13 Q. How do you know? You don't remember them bein
14 tryi~5 A. I feel like I don't have to answer this
16 li1{e, ¥'ou're not ready." 16 question.
17 And I was like, "Oh, my gosh, no, I'm not ready." 17 Q. I feel like you do.
18 So I just like hopped out of bed and was still-- because 18 A. The photos were taken without my knowledge.
19 I had slept for, you know, a good amount of time betwee 19 Whether I was drugged by Henri, I'm not sure. But I ca
20 that, still Jdnd of like getting my whereabouts together. 20 tell you in my life, I've never taken pictures like .that.
21 And I just quickly threw on my clotl1es and like ran 21 I can tell you I would never consent to taking pictures
22 downstairs and hopped in the car with him. 22 lil2 A. I don't know. 2 remember waldng up, because I had been back asleep, an
3 Q. Okay. So you don't know if you consented to 3 because of like tl1e hustle and bustle of me waking up and
4 one or not, because you don't know whether or not you h 4 just, you lmow, going to get ready with this client and
5 one. 5 trying to get ready and feeling so sick and nauseous and
6 A. Nowi-- 6 just ve1·y disoriented. I didn't, wasn't thinking about
7 MR TODD: Leading. 7 the picture or waking up.
8 THE WITNESS: ··do. 8 Q. Is it fair to say that yo~ recall the
9 Q. (By Mr. Rosenberg) How do you know? 9 pictures or remember the pic~"1.mtii the FBI showed
10 A. Based on the pictures. Don'tyou think a 10 themtoyou? p~f@"
11 sexual relationship is up to and containing somebody 11 A. No. V
12 taking very explicit naked pictures of you? And don't 12 Q. When was tl ·st time you remembered them?
13 you think it is not consensual ifl was un --completely 13 A. I think mbered it when we were in the
14 unaware of those pictures being taken at the time? 14 Connecticut once I bad kind of calmed down and w s
15 Q. I understand and respect your testimony that 15 thinking~ it. But then I remembered-- I didn't
16 you don't recall it. My question to you, and what rm 16 questi~ on it, because I remembered looking througl
17 examining you about is to detennine how you know, sine 17 his ~'Wnd not seeing it. So I thought maybe it
18 you don't remember, what you consented to and what you 18 ~i@tappen, maybe I imagined it, or maybe it was
19 didn't consent to. 19 ~bing else that I beard.
20 A. There's no way of knowing. 20 rfJj}j Q. During a, during a visit wiU1 this client, was
21 Q. The next day, you're-- do you remember how far ~ it business as usual?
22 the drive was from the hotel in Newark to-- was it a ~2 A. Uh-buh.
0
23 client on the docks? . . .~
. ~.d23 Q. Yes?
24 A. Uh-huh. ~ 24 A. Yes.
25 Q. So we're talking moybe 15 minutes, ifl'm U 25 Q. 1 hate to keep doing that to you.
~106 108
1 recalling correctly? ~ 1 A. That's okay.
2 A. Maybe a little bit, maybe lik~ mtcs. 2 Q. That night, did you go to dinner?
3 Q. Okay. You had-- you had c~ tions with 3 A. Yes.
4 Henri about what happened the ni~ ore. 4 Q. Where did you go to dinner?
5 A. I, I talked about it,~ nig that it was . 5 A.This like Italian place somewhere in
6 wrong and inappropriate. ~ c -- and that I needed t 6 Connecticut.
8
9
a
7 find a different job. . Q
w
Q. You said that?
A. Uh-huh.
7
8
9
Q.
A.
Q.
Oh, so you drove from the docks --
To Connecticut.
--into Connecticut?
10 Q. And whaJ `` say? 10 A. Uh-huh.
11 A. He said~, no, no." He was )il{e, "Don't 11 Q. Do you remember where in Connecticut?
12
13
14
worry
He
in~
wal abo~ndrea. It's not a big deal. No, no."
hat's inappropriate? It's not
ate. There's nothing inappropriate. It's
12
13
14
A.
Q.
A.
No, wherever the Davidson is.
I'm sony?
Wherever Davidson Foods-- _it's a com pan
15 fi me," 15 It's a big --
16 Q. Anything else between the time you got to-- 16 Q. The client is named Davidson?
17 was this a client or a prospect? 17 A. Right.
18 A. Client. 18 Q. And the city where they're in is the city you
19 Q. Anything else between the time you got to tl1e 19 were in?
20 client? 20 A. Yes.
21 A. Huh-uh. 21 Q. Okay. You had dinner at an Italian
22 Q. At any p'o1nt did you just, did you come out and 22 restaurant --
23 say to him, witl1 specifics, "You took pictures of me 23 A. Uh-huh.
24 without my clothes on," or anything pinpointing the exact 24 Q. --in that area?
25 conduct that you're describing? 25 A. Uh-huh.
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28 (Pages 109 to 112)
109 111
1 Q. Anything unusual happen that night? 1 anything about the Davidson trip?
2 A. No. 2 A. No.
3 Q. Anything sexually offensive or inappropriate? 3 Q. Okay. Where did you stay that night?
4 A. No. 4 A. That night~- well, we did have a conversation
5 Q. Was there drinking? 5 about what had happened on the way back.
6 A. I think maybe we each had a glass of wine. 6 Q. On the way back from Davidson to the hotel?
7 Q. Okay. Was there anything said about the prior 7 A. From Davidson to LaGuardia Hotel.
8 night? 8 Q. Oh, then you went ba~aGuardia Hotel?
A. We were never~ rdia. We were at Newar
9
10
11
A. Not at that time. It was very like, much lil(e,
not a lot of talking.
Q. WeJI, you had a full dinner--
9
10 And then we ended
11 Q. You stayed on~ t?
ala
;j/rdia.
12 A. Uh-huh. 12 A. InNewark.~
13 Q. --with some wine? 13 Q. Anotl1er~n Cmmecticut?
14 A. Uh-huh. 14 A. Yes.~
15 Q. And that's it? 15 Q. A~@ another night at LaGuardia?
16 A. And that's it. 16
A.~
17 Q. Was this also a Marriott Hotel? 17 ~o ou're driving from Davidson to LaGuardia?
18 A. Yes. 18 0 h-buh.
19 Q. With a concierge level? 19 And at that point, you had a conversation about
20 A. I don't think this one had a concierge. `` mt happened the night in Newark?
21 Q. Okay. A. Uh-buh.
22 A. I can't remember. I don't think we went to i ~2 Q. Yes?
23 Q. Okay. Did you have drinks before dinner? r::--..~ 3 A. Yes.
you~
24 A. No. 24 Q. What did y'all discuss?
25 Q. All right. And you went to bed and 25 A. Well, Henri brought it up, and be said, you
~·110 112
1 no, no --no evidence of anything inappropt~appening 1 ]mow, "I want to tall< to you about what happened between
2 that night, no evidence of-- >:> ~ 2 us the other night. I don't want you to feel
3 A. No. ~ 3 uncomfortable about thi.s, We didn't do anything wrong."
4 Q. -- Henri coming to your ro~ nything like 4 He was like, "This is"-- he was like, "I don't know
5 that? 5 where the attraction came from, but there's dcf'mitely an
~
6 A. Huh-uh, 6 attraction tlJere. And I don't want you to feel-- I want
7 Q. Correct? 7 you to feel comfortable in this position, like you can be
8 A. Correct. ~Q 8 here for a long time, and I don't want you to go and get
9 Q. All right~ ppened tl1e next day? 9 another job."
10
11
12
board r o o f . : ike this, at Davidson, and had
meeting.
a
A. The nextd tl e were in the room, we were in a
as -- I think that the CFO, his last
10
ll
12
And 1 said, 11 Well, Henri, it is wrong, and it is
inappropriate, because you're my boss, and I'm not that
type of girl that sleeps with her boss." And at tltis
13 name was-:: 1dson as wen, but he didn't, he didn't hav 13 point, I didn't know what happened, but you lmow, just
14 any re~to Davidson. He was just the CFO at that 14 throwing that out there. And I said, "And you're
15 ti~I was just coincidence. 15 married." And I was like, "So tliat's wrong."
16 An he met us for breakfast, and then we went and 16 And I think at that time I remember talldng to him
17 drove together, because I guess it's in this little town, 17 about this guy that I had seen, lil24 A. In the evening, uh-huh. 24 boyfriend." And I was like, "That's not an aJlples"to-
25 Q. Anything inappropriate, sexually offensive or 25 apples comparison. First of all, he's not my boyfriend.
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ANDREA FARMER 7/11/2013
29 (Pages 113 to 116)
113 115
1 Second of all, you have a wife." And I was like, ''And it 1 Q. Later, like when?
2 is" -and I was like, "I don't know how often you do 2 A. It was lil{e in August or-- yeah, it was in
3 this, but this is not the sort of thing that I do." 3 August that I started interviewing with ADP.
4 And he was like, "I've never, ever, ever done 4 Q. That was at the time your employment with
5 anything like this before, ever." Like stressing. He 5 Edible was ending.
6 was like, "This is the first one and, you know, I real1y 6 A. I was still worldng there.
7 like you." 7 Q. Close to the end, right?
8 And I'm like, "No, this can never happen again, and 8 A. Close to the end. I ~tecl{ed out at tltat
9 we can never talk about this again." 9 point with tbem. ``
10 And he's like, "Well, you know, my marriage has bee 10 Q. When you say ked out-~
11 over for a really long time, and we don't tall(, and we 11 A. Lilw I didn't to go there. I didn't want
12 have problems.'' 12 to be there. I did ant to see Henri. I didn't want
13 And I was like, you know, "It really just doesn't 13 ithem at all,
14 matter to me, any of that. It's wrong, and I don't want 14 Q. And id you check out?
15 it to happen again, and I don't want to tall{ about it 15 A. A``e New Orleans trip.
16 ever again." 16 Q. ~ was `` remind me when it was. 11m sony.
17 And he's like, "Well" ``I was just lil,;:e, "I just 17 A_``as the beginning of August.
18 want to l,;:eep our relationship strictly professional." 18 .~When you went from Davidson to LaGuardia, and
19 And he was Jike, "Well, but I'm lonely, and I'm an 19 ~:talking about the Maniott ``
20 affectionate person. And if I want to give you a hug, JAc.if!f;A. Right
21 then I still want to be able to give you a hug. 11 ~ Q. ``in LaGuardia, what time of day did you
22 I was like, "You know, I really just don't feel 2 arrive there?
23 comfortable with that. I really just want to }{eep our 3 A. It was late evening. I think it was like
"~
24 relationship professional." 24 probably around like 9:00, because the concierge loon c
25 And so he said, "Okay, but I sti11, I'm still goi 25 was still open, and there was a basketball game playin
116
1 to give you a hug. 11
~ 1 Q. On the television?
2 And I was like, "Probably not." ~«:JJ 2 A. On the television. And there were a few people
3 And so that was kind of that, lik~st --I 3 up there watching the basketball game. And we had to
4 expressed to him that I thought~ as wrong and 4 cbaoge our flights, because the other customer that we
5 inappropriate and that U co~ 6 A. In the concierge. And there's like these
17 seeing through his facade o~like stuff. 17 pillars and these big round tables. And I'm ldnd of like
18 Q. At any point after that, did you start putting 18 watching the game and figuring this out, And Henri's
19 feelers out looking for another job? 19 like, 11 0h, do you want a glass of wine?" And like~.. or
20 A. Yes. 20 he's like, "Do you want something to drinl{?"
21 Q. In what, in what manner? 21 I was like, "Sure, I'll have a Chardonnay."
22 A. Well, I mean, I would look online, and I was 22 So he goes and gets me a Chardonnay, and I take a
23 talldng to a friend at Mattress Firm, and also I was 23 sip of it, and it just tastes disgusting, like so strong,
24 interviewing with ADP. It's another like sales company. 24 like alcohol, or medicine, or just very, very like
25 But that was like later. 25 bitter, like alkaline bitter. And``
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ANDREA FARMER 7/11/2013
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117 119
1 Q. Alkaline bitter? 1 Q. All right. So you're, you're, so you're--
2 A. Yeah, Iil<.e soap or`` what I originally 2 because of your knowledge and experience, you're able to
3 thought, like I was liJ<.e, "Is there like" --I was like, 3 rule out corked. Right?
4 "Henri, did you put vodl(a in this?" 4 A. Uh·huh.
5 And he was like, "No, no," 5 Q. And you're able to rule out oxidized?
*
6 And I was like, "Is this like the end of a wine 6 A. Right.
7 bottle?" I was like maybe somebody else-- I don't kno 7 Q. Okay. Just wanted to make sure. Go on. I'm
8 I was lil22 A. I feel like oxidized is almost like a sour 22 And so then we were going back up, because I guess
23 taste. 23 Henri told the Jady to Jike put a piece of dessert out
24 Q. Right. 24 for him in the concierge Jounge so he cou]d go get it
25 A. But this is not that taste. 25 when he finished.
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121 123
1 He was lil(e, "Oh, well, come up and have one mor 1 traveling over a weekend day, as I did on Sunday, that I
2 drink. Have one more drink. 11 2 could flex that time.
3 And I'm lil{e, "I can't, Henri. I'm just so tired, 11 3 So you know, a travel day is a travel day. You
4 And so I went upstairs and went to sleep. And the 4 don't necessarily have to go back into work. You can if
5 we woke up really, really early the next day for our 5 you want to. That day we weren't due back into the
6 flight. 6 office, because we were supposed to come in late from on
7 Q. And flew back to Houston? 7 flight.
8 A. And flew bacb: to Houston together. 8 So I was like, you know, ~ing to go take a nap,
9 Q. Do you remember what airline? 9 and then I'll go back up, ``e later. On my accord,
10 A. Continental. 10 like deciding if I was ``~o up there, it was
11 Q. Did you sit first class? 11 because I needed to`` things, not that I bad to go
12 A. No. 12 back up. fu
13 Q. Did he? 13 So I took a J~td I had a missed call from Henri,
14 A. No. 14 and he was a~'>)for the notes. And so I called back a
15 Q. You sat together? 15 little bit hl~nd 1--
16 A. Uh-lmh. 16 Q. @hlii notes?
17 Q. Was there drinking on the plane? 17 A.~lift I bad been taking at Davidson. Sorry. I
18 A. No. 18 ``didn't mention that. I took a bunch of notes at
19 Q. Okay. Whenwas--thiswasinMay. Right? 19 r~sou.
20 A. Uh-huh. ~rf!jjj Q For what purpose?
21 Q. Around May what, would you think, would you ~ A. I'm a note taker. And he wanted the notes. Or
22 believe? ~2 a lot of times he's like, "Write this down." And so I
0
23 A. The last week of May. c:::1 ~q3 write it down, because I'm already taking notes.
24 Q. The last week of May? fr"~ 24 And so I guess he had called me or texted me and
25 A. No. W 25 said that he wanted the notes. And then-- I don't know
~122 124
1 Q. Memorial Day? (QI')) 1 ifl c-mailed him back that I wasn't planning on coming
2 A. No, no, no. That was the Ch``~P· This 2 in, that I would bring him the notes tomorrow. And tl1en
3 was probably the second, first or sR~ week of May. 3 he-- I can't remember exactly what happened, but somcb W
4 started the very beginning of th~h with them. So 4 I knew that he was mad that I wasn't bringing him the
5 May 7th? I don't know. ~ 5 notes that day.
6 Q. Was there ever a time, that, within close 6 Q. Okay.
7 proximity to it, but afte~l_t~'ttl t you learned that 7 A. Maybe it was based on the message that he left
8 Henri didn't want to sp~rth you for one reason or 8 me,
9
another? ``~ 9 Q. And what was that message?
10 A. Will YO%`` don that? 10 A:. Very heated, like, "1-- this is urgent." Like
11 Q. Iwf~'llin' ,butijustwanttoseeifi 11 "I need you to bring me those notes immediately. 11 And so
12 can test yo · ection. Do you remember any instance 12 I called the office, and Marlene, the front desk--
13 after the tfR: e trip, New York, New Jersey and 13 Q. Finkelstein?
14 Conn``); that you reca111earning that Henri did not 14 A:. Yes. She answered, and she was like, "I'm
15 wiweak to you? 15 supposed to ten you that Henri doesn't wish to talk to
16 A~es. 16 you."
17 Q. What was that? 17 And I was like-- I thought, I honestly thought she
18 A. We had gotten back at like 10:00 a.m., and I 18 was joking. Like whatever, like okay, he just must be
19 told Henri that I wanted to go home and take a nap, 19 busy or joking around or something.
20 because I just felt so tired from the trip and 20 And so I was like, "Oh, ha ba. Okay. No, seriously
21 everything. 21 let nte talk to Henri."
22 And he was like, "011, sure, sure, sure." 22 She was like, "No, he doesn't want to tall{ to you."
23 Well, it was my understanding at the time, and it 23 And I was like, "What for?"
24 was similar to this at Mattress lfirm, and I had discussc 24 And she was like, "Because you didn't come back into
25 this witlt tl1em upon hiring me, that if I was going to be 25 thcoffice."
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125 127
1 And I was like, "What?" 1 A. Because of the flex time, right. And so I was
2 And so I can't remember what-- I think I e-m ailed 2 just so taken back by his reaction to me not coming in
3 Henri, and I was like, "I'm so sorry. I didn't know tha 3 that I sent him this e-mail to kind of try and lighten
4 you expected me to come back in. I'll bring you the 4 the mood and atmosphere. So--
5 notes tomonow." And that was Friday. 5 Q. The last sentence, "I'm happy to drive to the
6 And so that was that. And then the next day we wei t 6 office now, but I just wanted to run that by you."
7 on this demo to Lone Star Coffee, and he was just bein 7 A. Uh-huh.
8 very distant and rude and standoffish towards me. An 8 Q. Did you go back to tl~ce?
9 then it ended up that it was because he was mad that I 9 A. No, riJl~
10 dido 't come back in, 10 Q. But you -- rF~'%!)
11 Q. This might help. 11 A. I don't think``
12 (Exhibit 3 marked for identification.) 12 Q. You went t t day and--
13 Q. (By Mr. Rosenberg) Can you identity Exhibit 3 13 A. I went t day.
14 to your deposition? 14 Q. Did h~ r get his notes?
15 A. Yes. 15 A.Y~
16 Q. What is that? 16 Q.@.
17 A. Au e-mail at 3:45 to Henri. 17 A``tally, I can'tremember if I typed up these
18 Q. This is the e-mail you were talking-- 18 ~r if Marlene did. I think Marlene did it for me,
19 A. Uh-huh. 19 ~out desk person.
20 Q. --you were discussing earlier? So you say, Ail!j} Q. Yeah. They wete handwntten notes at first,
21 "Henri, 11 exclamation point, "I'm so sorry you don't wish ~ and then they wete transcribed into typing.
22 to speak to me." You learned that from Marlene 2 A. They were handwritten, and he just like never
23 Finkelstein? 3 even looked at tltem. So they weren't of consequence t
24 A. Yeah. This was kind of like a sarcastic him after that.
25 e-mail. Q. From that point-- what was the name of the
128
1 Q. You were being sarcastic with you~ss? 1 coffee company again 7
2 A. Yes. r;, Y 2 A. Lone Star.
3 Q. Okay. Why? ~ 3 Q. From the Lone Star Coffee visit, when was the
4 A. It's just like my person~ guess. 4 next visit from that point that you did on a road trip,
5 Q. Okay. 5 on an out-of-town trip?
6 A. yful. 6 A. Was the Chicago trip.
7 Q. Y au were being p with your boss? 7 Q. We talked about the Chicago trip already.
8 A. Like, like if I ~r read this, I'd be like, 8 A. Right.
9 "Henri, I'm so so~ at you didn't wish to speak wit 9 Q. Correct? After the Chicago -- and the Chicago
10 me." Like, "OJI,~ osh, what did I do wrong?" Li 10 trip, I think you said, was the end of May.
11 kind of like ov ramatic, playful. Borderline 11 A. Uh-huh, the last weekend of May.
12 sarcastic, in a disrespectf1d way, but just like 12 Q. Okay. When was the next trip?
13 in a "Is t~ r real?" Li]{e- 13 A. Was in July, when we went to tile Fancy Foo
14 ~ at helps. I wanted you to --because the 14 Q. Which was Washington, D.C.?
15 pri rd is the printed word. 15 A. Correct.
16 ght. 16 Q. But that wasn't one where you were alone with
17 Q. And you just helped us. 17 Henri?
18 A. And the context of this is, "Okay, like I 18 A. No.
19 didn't know that you wanted me to come in that badly 19 Q. Do you have-- remind me if you have a
20 I'll come in if you want me to." 20 recollection of anything sexually inappropriate or
21 I really didn't anticipate- I did anticipate going 21 sexually offensive happening on that trip.
22 back into the office, but like I mentioned to Allen and 22 A. To me personally?
23 Trevor after that, I didn't think thatl had to go back 23 Q. Yes.
24 in. 24 A. No. Oh, yes. Well, this is not-- I mean,
25 Q. Because of the flex time? 25 call it whatever you want it. I thought it was
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33 (Pages 129 to 132)
129 131
1 inappropriate. He called me like really late at night, 1 Q. Oh, the phone just rang.
2 and it was like 1:30. And this was in the D.C. trip. 2 A. Yeah.
3 And that was the night~- and I don't think I mentioned 3 Q. So you don1t know whether it was a business~
4 this. I mentioned it in my original statement, because 4 related thing that he might have forgotten or~-
5 that was like kind of more on a time line. 5 A. Right. I don't know. It could have been a
6 I had seen-- we had all gone home and all gotten 6 pocket dial. All I know is that's not appropriate fo ·
7 off on our floor, and I was on the highest floor. So 7 him to be calling me at 1:30 in the morning.
8 Henri got off, Beth got off, Trevor got off, I got off. 8 Q. So you recognize i!ifzl\ulil have been a pocket
9 And then I had to go back downstairs to get something 9 dial? ~-
10 from the front desk. And-- 10 A. Right. ~I@
11 Q. What did you have to get from the front desk? 11 Q. Okay. U
12 A. Tampons. 12 A. So, bu~t--like he didn't leave a voice
13 Q. Oh, sony. 13 mail, or he d1 ,.._you know, typically if it's a
14 A. And so I went down to get that thing from the 14 pocket di`` i I go to voice mail, and then you 'II
15 front desk, ami I saw Henri walking by. And I was like, 15 have lik€~cket dial voice mail.
16 oh, God, I don't want to talk to him right now, And so I 16 Q. ~ss it just cuts out.
17 kind of like stood behind the pillar. 17 ~Yuess that could happen.
18 Well, when I was walking to see wherehewas going, 18 o @Okay.
19 I saw him walk back inside with Beth, and he had like h s 19 -~
MR. TODD: Form.
20 arm around her, and they were ldnd of like walking ~J@> Q. (By Mr. Rosenberg) Go on.
21 towards the elevator together with his arm around her. ~ A. Given what I had just seen, I felt like that
22 And at that moment I was kind of like that's-- I 0 ~ 2 wasn't a pocket dial.
23 ldnd of like was suspicions, like "What are they doin*~c:23 So the next morning, I said, "Oh, Henri, did ym
And so that was something, other than what I ?~ 2 4 call me?"
24
25 mentioned before on the trip, that I felt was
1
U' 25 And he was like, ''No, I didn't call you."
~130 132
1 inappropriate. Maybe not sexually inapp~iate, but 1 And I'm like, "Oh, I had a missed call from you last
2 definitely inap}Jropriate. ~//s.~ 2 night."
3 Q. Inappropriate that the boss w~..,. walking 3 If you pocket-dialed somebody, I feci like yon would
4 with his ann arOlmd her? cU 4 be like, "Oh, I must have pocket-dialed you." He was
5 A. Yeah. Why were they b clttownstairs? We all 5 like, "No, I don't know what you're talking about. I
6 said we were going t~sleep.,rf!..~sly,
I have a valid 6 didn't call yon at all." And--
7 reason for being down he t why are they down here 7 Q. Well, you're just guessing that little pati.
8 And so I went hac up d was awake, and I was 8 A. I'm guessing, based on context of knowing Henri
9 reading, and then ~]tone rang, and it was Henri. And 9 and him being very much of an accountant and wanting o
10 it was like 1:30 !Jt~Vorning. And I was like, oh, my 10 like check, check and recheck. Like if I had said that
11 God, like-`` 11 and he had accidentally called me, I'm just speculating,
12 Q. Wh aid your phone, it was your cell 12 but I can pretty much put my money ml the fact that he'
13 phone``() 13 going to look at his phone to see if he was going to call
14 A. - II phone. 14 me.
15 !J~ r the one in the hotel? 15 Q. But you are speculating?
16 M y ceJI phone. 16 A. I am speculating. But that's how I feel.
17 Q. Okay. 17 Q. I got it. I just want to make sure when you're
18 A. And so then I was like, that's not right. Like 18 speculating, we know what it is you're speculating about.
19 that's inappropriate. Maybe he's thinking that he can 19 I appreciate the fact you're speculating. I just want to
20 like rekindle something from New York. Not going to 20 make SlJre I know that ~-
21 happen, So I chose the next day to ask him about it in 21 A. Right. So, so be was just like, "No, I didn't
22 front of everybody, 22 call you." And he walked away from the whole entire
23 Q. What did you say to him when yml talked to him 23 group. So I just felt like that was inappropriate.
24 that night when he called you? 24 Obviously, I had proof that he had called me, and I
25 A. I didn't answer. 25 didn't-~ I felt like he was`` it made me feel really
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1 uncomfortable, because I feU like I saw him with Beth, 1 A. Well, yeah, because I was there and~-
2 maybe she shot him down, and then he was like, 11 011, I' 2 Q. And prevented it?
3 going to call Andrea and see what she's doing.'' LiJ(e no 3 A. Uh-huh.
4 appropriate. 4 Q. Okay. I didn't know any of that. I really
5 Q. Again, you're just speculating that maybe`` 5 don't want to get into that because it's tangential to
6 A. Right, but that's, that's why it made me feel 6 this, but there was a time`` and I just want to make
7 uncomfortable. So between the Chicago and New York 7 sure this is what it is, so I don't have to get into it.
8 trips, other than that phone call, nothing-- or Chicago 8 A. Uh~buh. ~
9 and D.C. trips, nothing inappropriate happened-- 9 Q. -~ that you we~l'UIJ``ate because you had
10 Q. Okay. 10 to help Amy's mom wit stuff in the apartment.
11 A. -- between Henri and I. 11 A. (Nodding he ,J))
12 Q. And up until this point, you never reported 12 Q. Was that re to the suicide?
13 anything that happened to anybody? 13 A. (Noddi
14 A. No. 14 Q. Okay. 're not going to get anywhere near
15 Q. TI1e next trip after the D.C. trip was New 15 that. Oth`` that event gomg on, what else was
16 Orleans. Correct? 16 going ~our life?
17 A. Yes. 17 A~Yean, I was just really depressed.
18 Q. And there wasn't anything that happened in the 18 o ~About what?
19 interim? 19 `` About my life, and about what bad happened
20 A. Huh-uh, just a lot of~- no. ``tween Henri, and that I felt so trapped, and I felt
21 Q. Just a lot of`` I mean~ anything in the office ~ like a terrible person. And you lmow, this happened t
22 that was going bad or anything like that? 2 my roommate, and she is such a wonderful person. A
23 3 like ldnd Of Struggling wit11 that, like-- just lil~e not
24 would say that our relationship was not good. Li in a good place at all. Like everything was just going
25 that point, after D.C. and Chicaeo, I pretty muc 25 wrong.
136
1 dealt with Trevor and just talked to Tr~ and rarel 1 Q. What was, what else was going wrong?
2 would go into Henri's office and t``~m about 2 A. I think at that time like I was having a lot of
3 anything, just because I couldn't ~tim or being 3 car trouble. I think my car would just randomly not
4 around him. (U) 4 start, and so 1 was like looking for another car, and
5 Q. Couldn't stand being ``ria=fJenri? 5 that's very stressful, and trying to find another
6 A. Uh-huh. -~(~ 6 roommate, because~- and acclimating to that and``
7 Q. And this is a time o~ actively looking for 7 Q. Did Amy stop being your roommate?
8 another job? (( )) 8 A. She moved to New York to go to law school.
9 A. I would sa 'n~k.'e June, July wasn't actively 9 Q. Okay.
10 looking for anty ~ b. Starting in August, I was. 10 A. And so then my best friend was moving away.
11 Q. sO des e fact that you can't stand your 11 Q. Who was your best friend?
12 boss, you t looking for another job? 12 A. It's a different Christina.
13 A. Nifj) 13 Q. Okay.
14 Snot? 14 A. No, but she bad been-~ let's see. Yes, I
15 ~;d a lot going on at that time. 15 think she was like in the point of moving away. So I was
16 Q hat was going on? 16 losing a close friend. And just, you know, it's life,
17 A. Well, my roommate had tried to commit suicid 17 but it's a lot of really heavy stuff, on top of, olt, my
18 Q. Your rommnate tried to commit suicide? 18 God, like I'm a horrible person because I did this with
19 A. Uh-huh. 19 my boss, this thing that I don't even want to thin],
20 Q. Well, obviously that's a traumatic event. 20 about, And now he's being really rude to me and meant
21 A. It's very traumatic and-- 21 me, and I can't get a handle on it. And I just felt like
22 Q. I take it the roonunate ~-you told me her name 22 I was sinking.
23 once before. 23 Q. You're saying it's something you did with your
24 A. Amy. 24 boss?
25 Q. That obviously wasn't successful. 25 A. (Nodding head.) That's how I felt at that
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1 time. 1 psychological care?
2 Q. At any point, did you seek treatment fi:om a 2 A. Because I just wasn't ready to admit that it
3 physician or a counselor? 3 had happened to myself or-- I certainly didn't want
4 A. After Amy had committed suicide, I was having 4 anybody else to know about it. I was so ashamed. And t
5 really hard time with it. 5 just felt like it was the worst thing that anybody could
6 Q. Yes. 6 ever do, ever. Regardless of the state I was in, I just
7 A. And ldnd of trying to decide if it was right 7 had so much guilt and so, like I was so disgusted with
8 that she wasn't successful, I guess. And so I started 8 myself, and I just wanted it~ away,
9
10
11
seeing a therapist at that time,
Q. What therapist?
A. Dr. July out of the Good Samaritans, like this
9
10
11
whathappened.
A. Yes.
a
Q. You were assignin~ ame to yourself for
12 is like a counseling place. 12 Q. At what po~d you decide that the blame
13 Q. Spell the physician or counselor's last name. 13 shouldn't be as~ . to you, it should be assigned to
14 A. July, as in the month. 14 Henri? Was~ r the FBI got to you?
15 Q. Oh, okay. Male or female? 15 ~D: Fonn, leading.
16 A. Male. 16 ITNESS: Can you replu'ase that question?
17 Q. What profession? In other words, a medical 17 ~B Mr. Rosenberg) Yeah. At what point did you
18 doctor or a clinical psychologist, if you lrnow. 18 . ~at the blame shouldn't be assigned to you, and
19 A. A psychologist, I believe. 19 t should be assigned to Henri?
20 Q. Okay. How many visits did you have with `` MR. TODD: Fonn, leading.
21 Dr. July? THE WITNESS: Can you repeat the question?
22 A. Probably like eight. ~2 Q. (By Mr. Rosenberg) At what point did you decide
23 Q. Did you relate to Dr. July about any of the ·`` " 3 that the blame shouldn't be assigned to you and should be
24 events that happened while you were employed at{~ 24 assigned to Henri?
25 Software? J, 25 A. I would say after I starte.d going to
~138 140
1 A. No. -~ 1 counseling-- in May of2012, J started going to
2 Q. You-- would this counselor`` would you 2 counseling, and then I didn't tell that counselor about
like to refer to this person as? A c~or,
3
4
5
psychiatrist, psychologist? Q
A. Whatever you want. t :ifesn't matter to me.
3
4
5
it until probably June. And then after discussing it for
Probably another two or three sessions, then that's when
I was ldnd of starting to see that it might not have been
6 Q. Well, you're thet#-sought this person's 6 my fault.
7 services. I'm just trying re out what's 7 But I just felt like there were so many
8 appropriate. (_J) 8 opportunities where I should have seen through what was
9 A. Psychnlog~ - 9 happening, or that 1 should recognize it and said
10 Q. Okay.~(:? 10 something. And then I started finding out about the
11 A. I thin~ ·ad, I know he had his doctorate, 11 other women that she, that came forward. And I don't at
12 so-- ~ 12 this point even know who came forward first.
13 . Q.~\ .s~ing this psychologist for eight 13 And, and then I had a lot of guilt about her, and I
14 Ill~ (VISitS. 14 should have said something, and then she wouldn't have
15 • -huh. 15 experienced this, and I didn't because I was scared or
16 Q. And I take it this psychologist took a history 16 ashamed or felt, didn't want that to tarnish my
17 from you. Correct? 17 reputation. And-- but I should have said something and
18 A. Uh-huh. 18 I should have said something about Beth, so J had a Jot
19 Q. Because you understand that the way they can 19 of guilt about that.
20 diagnose and treat and render advice is to get a comple 20 And so 1 think that I don't bold myself solely
21 and accurate history. 21 accountable for what happened, obviously, but J feel like
22 A. Right. 22 given that I knew it was wrong and I knew the second tim
23 Q. Why did you choose not to provide this 23 that it happened that it was really wrong, that something
24 infbnnation you were going through about what you ha 24 really wrong had happened, that I was not okay with, at
25 gone through with Mr. Morris when you were seeking 25 that time I should have said something to somebody.
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1 Q. So-- and I would not cut you off, because I 1 isn't relevant to anything in this civil proceeding, so
2 wanted you to feel that you're able to say what you 2 really I would object. I'll object on the record that
3 wanted to say. But if I understand what you just 3 you don't need to be asking that because it's not even
4 testified to, you did not realize that this was Henri's 4 reasonably related to even reach permissible or
5 fault until the summer of20 12. Right? 5 admissible evidence. So don't answer the question.
6 A. I didn't reconcile that with myself. 6 THE WITNESS: Yeah, I don't want to answer it.
7 Q. Fair enough. But I just want to make sure I 7 MR. ROSENBERG: So you, who are not
8 got the date right. 8 representing her, told her nwswer the question.
9 A. June- yeah. 9 Correct? ~
10 Q. 20127 10 MR. TODD: Lt mt she needs to make that
11 A. 2012. 11 decision on her own,~ don't lmow how it's relevant
12 Q. Late spring, early summer. 12 to anything since&sn't a complainant in this
13 A. Yeah. 13 lawsuit. <>~ /
14 Q. And that's when you saw another psychologist. 14 Q. (By ~osenberg) Are you going to answer th
15 A. Uh-huh. 15 question?>~
16 Q. Who was this psychologist? 16
A.~
17 A. My current psychologist. 17 ~ . ROSENBERG: Okay. CertifY that questim
18
19
Q. And when was the first time you told your
current psychologist about what happened?
18
19
~
. (By Mr. Rosenberg) All right. That
20 A. Late May of 2012. ``ysician --I think you said psychologist. Right?
21 Q. Okay. Who is that psychologist? A. Yes.
22 A. I don't wish to answer that. <> ~2 Q. All right. You began seeing that psychologist
23 Q. I'd hate to have you come back here ju;`` 3 in May of2012.
24 a court order and answer that question. I'm not 24 A. Uh-huh.
25 to get any records from this person or anything 'k 25 Q. Right? Yes?
~142 144
1 that. I just want -- ®J 1 A. Yes.
2 A. I still don't want to answer tl~ 2 Q. And believe-- and have testified you're still
3 Q. Let me tell you what's going~ en if you 3 seeing this psychologist today.
4 don't, and then it's your decision. ~o ng to ask the 4 A. Correct.
5 Court to certify the question,~ I believe that 5 Q. And I take it you're not going to answer any
6
7
8
A. It's medical.
Q. I understand. I
'ijeJ
that person has knowledge of
1
nt facts.
e medical facts.
r tand your position. And
6
7
8
questions about the treatment of this psychologist?
A. No.
Q. Correct?
9 I respect your pos~ "r just telling you what's 9 A. Correct.
10 going to happen!) ' ing to ask the Court to certify 10 Q. Okay.
11 the question, a#e would come down and redepose you o 11 A. I mean, if you want to know is Henri the reaso 1
12 that issue, ~ re going to ask the Court that it's at 12 I'm going to this psychologist? Yes. Is this situation
13 your expe 13 the reason I'm going to this psychologist? Yes. And
14 A. if this is not at my expense? 14 that's about as far as I'll go.
15 ur choice. Do you not want to answer the 15 Q. I think you just opened the door, and 1
16 questt n? 16 would-- oven he's nodding his head. I would revisit
17 THE WITNESS: Do I have to answer that 17 your, your decision not to answer the question.
18 question? 18 A. Okay, that's fine.
19 MR. TODD: You can make up your own mind. I 19 Q. Since you just volunteered that. You just told
20 mean, he, he did say that, but you're not a party to the 20 me--
21 civil case. They1llnever get those records, and the 21 A. I just don't want-- I'm telling you I'm not
22 Court won't compel you to do that, because-- 22 going to tell you who it is. I don't want to answer anJ
23 MR. ROSENBERG: And I told her I'm not 23 questions about it. If you have a Henri specific relate
24 looking~- 24 question about it, as in, "When did you realize that it
25 MR. TODD: Your, your personal state of mind 25 might not be your fault? When I started seeing my
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1 therapist," yes, I'll answer questions like that for you, 1 propensity to make things up, I have the right to know.
2 if they pertain to the case. I'm not going to go into my 2 MR. TODD: Fonn, leading.
3 personal treatment and my private life about my therap 3 Q. (By Mr. Rosenberg) Those are the things I'm
4 Q. I heard what you said. I have questions I need 4 going to be looking at. If you are lying about this and
5 to ask. I'm not going to be guided by a non~party 5 ·admitted to your doctor that you're lying about it, or if
6 witness to my lawsuit as to what rm going to ask. I 6 there's something in those records that could assist the
7 have protection`` I have a job to do. I've got to 7 defense I have in my lawsuit, I'm entitled to know.
8 represent `` 8 If, on the contrary, the ~agist is going to --
9 A. I understand that. Jadai
9 the records say this 10St truthful person in
10 Q. `` a company and an individual in claims 10 the world, and she ha ical reason not to tell me
11 brought against them in a civil suit. TI1at's my job. 11 what's going on, that ~ething I need to know as well
12 And I've got to do it ethically and zealously. I've got 12 So I understan r position. You're not
13 no choice. 13 represented, so ' ot --I can't do anything else but
~: telll``u
1
14 A. If you want to ask me the questions, I'll tell whe going with this thing.
15 you whether or not 1'11 answer tltem. I understand that
16 you have to do a job. 1'm trying to be as cooperative as 16 . DD: Fonn.
17 possible. On this matter, I'm pretty firm. But if you 17 ~ Mr. Rosenberg) I just got a sticker for the
18 ask me a question that I feel comfortable answering, I 18 ~
19 will answer it. 19 ``· Well, I want to ta){e a break anyway.
20 Q. You won't give me the physician's name? ~'1[j; Q. Okay.
21 A. No, ~ THE VIDEOGRAPHER: Time is 1:52. We are ~
22 Q. Okay. We11, that's one question that I'm ~ 2 the record.
23 asking that you're not going to give me. -::::~ r-q3 (Recess from 1:52 p.m. to 2:03p.m.)
24 A. Okay. f'~ 24 THEVIDEOGRAPHER: Thetimeis2:03. We a e
25 Q. All right W 25 recording.
~146 148
1 A. Why docs it matte1· what her name~ 1 MR. ROSENBERG: Pass the witness.
2 Q. Well, because I believe her reco~ 1t a 2 EXAMINATION
3 he•· m· him? I believe that the P'ych~ cords 3 BY MR. COGDELL:
4 are relevant`` are reasonably calcu~ e lead to 4 Q. Ms. Farmer, good afternoon. My name is Dan
5 discovery of admissible evidenc~ re case I'm 5 Cogdell. I am Mr. Monis'lawyer in the civil case.
6 defending. ~ 6 Okay?
7
~No. ~Ql 7 A. (Nodding head.)
8 Q. Okay. Let's jus~ Q.
itbefo~
. Letmecerlify it. 8 Same rules as before. Just because a lawyer
9 Let me bdng burt. You'll get notice of 9 asks you a question doesn't mean it's a perfect question.
A.l
10 the heating and rwv~ ppOttunity to be present in 10 If you don't understand it, please let me know and I'll
11 Houston, and w~ ii·om there. Okay? 11 rephrase it. And please make your responses like you di
12 12 earlier, audible and not just nodding your head. Okay?
13 Q. Be J 'm not going to sit in here and play 13 A. Okay.
14 games u. 14 Q. Did you review any documents prior to your
15 ``J not trying to play games with you. 15 testimony today in anticipation or in preparation for
16 Q. Yeah,youare. 16 your testimony today?
17 A. No, I'm not. I'm telling you I do not feel 17 A. Yes. I read my original statement to the FBI.
18 comfortable answering questions about my private person I 18 Q. Anything else?
19 therapy. You guys have asked me tons of private personal 19 A. No.
20 questions all day, and I've answered them. And I've told 20 Q. Did you make any notes?
21 you things that I didn't want to tell you. 21 A. No.
22 But on this, that is my private~- that's my 22 Q. Did you bring any notes with you?
23 therapy. That's my healing. And I don't want to answer 23 A. Here?
24 those questions. 24 Q. Yes. ma'am.
25 Q. For example, if you're diagnosed with a 25 A. I mean, the only notes that I took were--
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1 these right here. 1 sound right?
2 MR. COGDELL: Can you hand that to me, Greg . 2 A. Yes,
3 THE WITNESS: Just like more of like a personal 3 Q. Jolm is about 45 years old, white male, brown
4 pep talk than anything. 4 hair, articulate, typically vety wen dressed,
5 MR. COGDELL: Can you have this marked~- cru 5 responsive, personable, professional in his demeanor.
6 you mark this as exhibit next, please. 6 Same guy?
7 (Exhibit 4 marked for identification.) 7 A. I mean, those are matters of your opinion,
8 Q. (By Mr. Cogdell) Ms. Farmer, this is on the 8 so -- sounds like tl1e same PWQ.!!.
9 back of what appears to be -- 9 Q. wouidyoucteacrib,``ifferently?
10 A. My original statement to the FBI, the last 10 A. I briefly talked ~"'over a web, video
11 page. 11 webinar. I really co ~see what he was wearing or~
12 Q. Yes, ma'am. I'm just wondering-- can I see 12 Q. You cot~l · him on a web video?
13 your statement, your copy of the statement, your 13 A. I mean, Jlct sec him, but I couldn't like
14 statement? Because it appears to be different than my 14 tell the mate~ his clothing.
15 copy of the statement. 15 Q. 0~
16 A. It's probably because it's just printed in a 16 A. ~nds Jike the same guy. And if he's
17 different- 17 She``'s partner, then I would assume that it woul
18 Q. rmsorry? 18 ~®arne person.
19 A. It's probably just because it was printed-~ 19 .-~ Okay. And please m1derstand, Ms. Fanner,
20 the way I printed it. That's what I took it-- the part ~ ~1-- you appear to be catching a tone with me. I'm not
21 labeled 4 right there, I took it from the back. You ha e~ here to attack you. I'm not here to denigrate you or
22 it bacl{wards. 3d 2 anybody else in the process. I'm here to ask --
23 Q. Give me just a minute. j~d23 A. No, this is my normal tone.
24 Okay. At least the first page and the last page ? ~ 2 4 Q. Titis is your nonnal tone?
look the same, so I'm going to ass11me that we'r``
1
25 ? :'i A. Uh-huh.
~150 152
1
2
3
off the, the same statement.
You wrote at the end of what's
Ms. Farmer, as Exhibit 4, "Thursd
:J/!1 ~
ed,
ain composed,
1
2
3
Q. Okay. The meeting, the video conference that
you had with the two Assistant United States Attorneys
yesterday, whose idea was that?
4 stick to the facts, listen to questi~ntl answer that 4 A. Mine.
5 question, don't have to answe~ more, think the whol 5 Q. And why did you want their counsel?
6 time." Right? ~ 6 A. Because I don't have a lawyer of my own, and I
7 A. Right. ~ 7 didn't know what I was going to be doing, and I was ver
B Q. And when di~ ake those notes? 8 nervous about it. So J caiJed Sherri and asked her if
9 A. Yesterday~ 9 she would give me some prep on it.
10 Q. Did you,}~ hose notes, ma'am, when you wer 10 Q. So you initiated the call to Ms. Zack, as
*
11 having your c~ations with Ms. Zack and her 11 opposed to the other way armmd, her calling you?
12 assistant? ~ 12 A. Yes.
13 13
~
Q. And what time did the conference begin?
A.
14 I know who you're referring to as her 14 A. 2:30.
15 as 15 Q. And what time did it end?
16 ell, it's not her assistant. It's her 16 A. 4:30.
17 partner. 17 Q. That's two hours.
18 Q. That's how you, that's what you called her. 18 A. Uh-huh.
19 A. Oh, olmy. I certainly don'tmean her 19 Q. Tell me the questions that you asked them and
20 assistant. I meant her partner. 20 the answers that they provided you, as best you can
21 Q. Okay. You said !!assistant." Be that as it 21 recall.
22 may, let's see if the guy I'm thinking about is probably 22 A. I asked if I had to answer all the questions.
23 the same guy that you're referring to. Okay? 23 Q. And what were you told?
24 A. All right. 24 A. They said, "Yes, try to answer an the
25 Q. This fel1ow's name is John Jocher. Does that 25 questions. It's up to you. We're not going to give you
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1 counsel," and -- 1 to remember, me telling this story to the FBI was only
2 Q. Well, wait a minute. You said that they told 2 the second time that I had ever told the story to
3 you that they weren't going to give you counsel when you 3 anybody.
4 had this discussion with them yesterday. 4 Q. Okay.
5 A. They said, "We're not going to tell you what to 5 A. And the first time was right before I told the
6 answer and what not to answer," I guess. 6 story for the recorder. So I mean, I remembered as much
7 Q. Okay. 7 as I possibly could, but it was only the second time that
8 A. I'm paraphrasing. 8 I had ever talked about it. S~·e are some parts in
9 Q. Okay. What else did you ask them and-- 9 it that are a little bit confu,`` 1\.nd ~-
10 A. And I aslwd them ifl could have Christina in 10 Q. Take me to the )?Y~ur statement that
11 the room, 11 Mr. Jocher was asking~o clarify yesterday aftemoon.
12 Q. And what were you told? 12 A. He wanted ow about when Beth was
13 A. They said-- Sherri didn't think it was a good 13 inebriated, wa Washington or in Chicago, becaus
14 idea. She said that she would e-mail Jeff and ask Jeff 14 I'm talking a t te Chicago trip, and thenlldnd of
15 if that would be olmy. I said I was told and encourage 15 realize th~n D.C. when she seemed really drunk,
16 to have some sort of support system with me by-- 16 Q.~.
17 Q. Who were you told-- 17 A_;.,``st clarifying that. And then also in,
18 A. --the witness coordinator or the witness 18 ~e were in ~-he wanted to know how Henri got to e
19 person at the FBI. 19 ~bar that I was at.
20 Q. Okay. ~i/!j Q. Which hotel bar are you talking about?
21 A. And I asked how long it's going to last, what ~ A. In New Orleans.
22 ldnd of tough questions that they're probably going tg ed2 Q. Okay.
23 ask me. ~q3 A. And then what, when I went to the restroom, if
24 Q. And what were you told in tenns of the toug~ 2 4 I took my drink with me, if I left it there.
25 questions that they were probably going to ask yo 25 Q. Which incident are we talking about?
156
1 A. They said they didn't know what~ were, that 1 A. Still at the same incident, in Louisiana.
2 y'all were going to ask me. They sa~:i~'1iid probably 2 Q. Okay.
3 be very invasive, and it's going to~ they're 3 A. At the bar with the rotating floor. And then!
4 picking on you and bullying you~ 1ey're not, becaus 4 say that I was feeling okay in the bathroom, but then I
5 they have a job to do, and that l~;e not bad people, 5 came back out and I couldn't find where Henri was, so I
6 they're just in a situation wh 1ey have to ask you a 6 was feeling disoriented. And then I realized no, I'm not
7 lot of uncomfortable que~fh And basically that was 7 disoriented, the actual floor of the bar is actually
8 just kind ofthe conv<'((s1tt'HJ . 8 moving.
9 Q. Okay. Now ·o``ortofregurgitationofthe 9 Q. The room really was spinning?
10 with Mr. Jocher and Ms. Zack 10 A. Huh?
11 w minutes between you and I, three 11 Q. The room actually was spinning?
12 or four miq~j~jtl.ght? 12 A. The room actually was spinning.
13 A. I 1 I'm paraphrasing. 13 Q. Okay.
14 Q. Jc~ erstand. But what consumed the rest of 14 A. And, and so he wasn't understanding that it was
15 th``urs? 15 like a mechanically rotating floor. He tJJOnght that I,
16 Mie asked some clarifying statements on my 16 the room actually was, the room was spinning in my hea
17 original statement to tlte FBI, because -- 17 Q. Right.
18 Q. Which clarifying questions did he ask? 18 A. And so it took a good amount of time to clarify
19 A. When -- I think it was on Page 145, 19 that, that-- because he was like not understanding that
20 Q. We're different, we're different pages, so 20 it wns a mechanical rotation, like a slow mechanical
21 subject matter-- 21 rotation, So that took a good amount of time to explain
22 A. Okay. Well, basica11y when I start talking 22 between the three of us.
23 about when Beth seemed very inebriated and when she 23 Q. What else did you clarify for him?
24 seemed very out of it, I couldn't remember originally 24 A. I think that was it. I think it was just those
25 when I gave this statement to the FBI-- because you hav 25 three questions, three things.
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1 Q. And again, I'm not trying to, to pick at you. 1 Gregory.
2 11m just trying to capture as much of what happened 2 A. Uh-huh.
3 yesterday·as you can recall. Seems like there would hav 3 Q. Did he explain to you how he got your name?
4 been other topics you would have discussed to 4 A. No.
5 encompass-- 5 Q. Did you ask him how you got my name?
6 A. They talked a long time telling me about 6 A. No.
7 telling the truth, and my notes, because I'm a note 7 Q. Did you ask him why he was caliing you?
8 taker, so I had a pen and pad to take notes. And the 8 A. He told me be wa~g me because I was
9 said, "No, it's probably not a good idea that you take 9 past employee of Eda'-'bl §hl:'f>ware.
10 notes here." 10 Q. Well, did your · --did you wonder why he
11 Q. Because then some lawyer like me will want to 11 was calling you? ~
12 see the notes? 12 A. Yeah~bu · en what I lmew --given my
13 A. Will want to see the notes. And I'm fine, 13 personal expe · e, I just didn't feel the need to
14 perfectly fine with you seeing those notes, you know. 14 question. I " t want to say anything. I hadn't
15 Q. All right. Let's-- did you make any notes 15 decided ~I was going to say, so I said, "I think
16 about this-- you just classified yourself as a note 16 could Q
I could give you, offer you some
17 taker. 17 info~ifo~."
18 A. Uh-huh. 18 o ~Okay.
19 Q. Did you make any notes about the actions that 19 ``· And that was it.
20 you believe were sexually or socially improper-- ~riftj} Q. You say you didn't know at that time back in
21 A. No. ~ December of2011 what you were going to tell them?
22 Q. Let me finish the question. 0
-cd 2 A. Uh-huh.
23 A. Okay. ,A
~"'23 MR. TODD: Is that a "yes"?
24 Q. --the actions that you believe were sexualij~ 2 4 MR. COGDELL: I'm sorry?
25 or socially improper by, on the part of Mr. Mon-~_J) 25 MR. TODD: Is that a 11 yes 11 ?
~ 158 160
1 A. No. fW 1 THE WITNESS: Yes.
2 Q. Why not? e,":r:J 2 Q. (By Mr. Cogdell) Thank you. Why wouldn't it be
3 A. I have just a really hard tim``g about it 3 clear to you what you were going to tell them?
4 ot· thinking about it. And puttin``~!'::Paper creates 4 A. Because I hadn't made the decision at that
5 vfillght take away from rr c.
some sort of proof that someio 5 point if I wanted to open that door and go through all o
6 And I didn't want that to be - tg around my bouse or 6 this.
7 anywhere. nQ 7 Q. Okay. Were you certain in your mind in
8 Q. Okay. Let's bacfil:»~s statement that you 8 December of2011 when it happened? Were you clear in
9 made to law enfot'C``"'foa'ck in Februmy of2012, you say 9 your own mind?
10 that that's the firs! t~t you ever -- that day is 10 A. I knew that it was wrong, and I felt lil<.c if I
11 the first time yo~· discussed this incident with 11 told what happened, it would open up -- it would be a
12 anyone. ``1::~ · 12 case. Lil<.e I knew --
13 A. Ye~ . 13 Q. Try to, if you can, tly to answer the question
14 Q. 1$..~\rer, I tlunk you told us, Ms. Fanner, that 14 I'm asking. Okay? The question I'm asking is pretty
15 you...``ll fi·om Agent Gregmy in December of20 11. 15 specific. Were you clear in your own mind in December
16 Mh-huh. 16 2011, when you were first contacted by Special Agent
17 Q. And was discussing with you sort of the general 17 Grcgmy, what had happened?
18 topic of they're having some concern with Henri Manis 18 A. Can you rephrase the question?
19 and his female employees while he was traveling. Right? 19 Q. Sure. In December 2011, when Sp~ial Agent
20 A. Uh-huh, 20 Gregory contacted you for the first time, were you clear
21 Q. You earlier testified that Agent Greg01y called 21 in your own mind what had happened between you and He ri
22 you on your cell phone kind of out of the blue. 22 Monis?
23 A. Uh-huh. 23 A. No,
24 Q. And you were expecting, because of the area 24 Q. When did you become clear?
25 code, to be someone you knew, and instead it was Agent 25 A. You know --
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1 Q. If you weren't clearin December of2011, at 1 Q. By "Glenn/ you mean Special Agent Gregory?
2 some point you became clear. So I'm asking you when that 2 A. Yes.
3 point was, in terms of time. 3 Q. Okay.
4 A. I fecllil'e it's a work in progress, because I 4 A. --and said that they had done a sting on
5 lmow my story, and I lmow what he's been accused of 5 Henri. He wanted to let me know, since I had already
6 happening, and.! know the evidence that I've seen, And I 6 made my statement, and they found enough evidence on h ~
7 feellil'e it's a pretty strong amount of evidence proving 7 to al'rest him. And tllen I thin!{ -- this was after they
8 that. 8 had already done the sweep of~le Software, so it was
9 But even, you lrnow, up to last night, when I was 9 in, a courtesy to me, as a wi``~oming forward, to let
10 reading through the, my statement, I was like, why didn't 10 me !mow what was goiJ!~a<,fth Henri.
11 I sec this? Like why didn't I realize that this was 11 Q. Okay. Q-:v
12 going on, or that he was-- 12 A. And so tllcn~l think I Googled it, and
13 Q. Let me see if I can-- 13 there was like s~port by some really small news
14 A. I mean, it's just hard to pinpoint it, because 14 station in Ho~"1~mt had repm'ted on the South African
15 I'm not like reconciled with it on my own. I know that 15 ``m of-- it said some sm·t of Ambien that
Ambien,
16 what he did was wrong, and I Imow that some1hing happen ~ 16 had b~ught from the, that Henri had brought from
17 to me that was out of my control, and I didn't consent to 17 Sou~Yca.
18 it, and I didn't want it to happen to me. 18 0 ~d so it's now your memory or position that
19 But I just, it's always like a learning experience, 19 r ``e discovety of the South Afl-ican Ambien came from
20 the more and more information I find out, of just how 2 0 ~oogle search on your patt and not fi_.om the lips of
21 cnlculated it was. ~ Specml Agent Gregory?
22 Q. Okay. Do youtecall the question I asked you? ~2 A. Yes.
23 A. What point in time-- `` ~q 3 Q Okay.
24 Q. --did you become clear-- !P~ 24 A. Because I remember being mnd tllat he didn't
25 A. -- did I become clear-- U' 25 tell me that, that it was in the news and out for the
~162 164
1 Q. --as to what happened? Answer tha~estion, 1 public, but he didn't tell me that. And I was upset witl
2 please, ma'am. » ~ 2 him for not calling me and telling me that tltis was a
3 A. I guess in, when Glenn Gre!l``lled me and 3 news story or tltat it was out in the public, because I
4 told me tltat tltey had found tltc jJD~ llenri. 4 didn't want any of this to be out in the public.
5 Q. Okay. And when did~te:h\76u that? 5 Q. You didn'twant any of what to be out in the
6 A. Was that in March? , 't remember. 6 public?
7 Whenever- ~ 7 A. Anything about Henri that can be linked back t
8 Q. Well, you met 1 · in February of2012. 8 me,
9 A. 1 don't-- w~l-met with him in February, he 9 Q. Okay. Is there anything in your statement
10 didn't tell me. JI~dn 't gone to arrest Henri yet. 10 that's inaccurate?
11 Q. Okay.`` 11 A. I think there were a few typos.
12 A. I r · tat, what had happened when he 12 Q. Other than typos, is there anything in
13 caJled~e ``~id that they did a sting on Henri at the 13 reviewing it-- I mean, I'm assuming, Ms. Farmer, you've
14 nirpor hat they found the Soutlt African, some for 14 reviewed it several times between the time you first got
15 of A~ 1 on him. That's when it clicked for me. 15 it and the time today?
16 ~o to be clear, Special Agent Gregory called 16 A. I've read it twice.
17 you and told you that they had fmmd a South African form 17 Q. Okay. Is there anything in there you wish to
18 of Ambien on Henri when they did a, quote, sting on him, 18 change, from a factual standpoint or from an accuracy
19 closed quote? 19 standpoint?
20 A. Actually, I don't think he told me tltat. 20 A. No.
21 Q. That's what you just said. 21 Q. At the very end of the interview-- it's my
22 A. I'm trying to recall. I think he wns more 22 Page 121. I don't know what your page is --
23 vague than that. I think I found that out later. 23 A. Uh-hub.
24 Q. How did you fmd that out? 24 Q. --Ms. Farmer. It's four or five pages from
25 A. I think Glenn called me and-- 25 the end. And you say, "But up until coming and visiting
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1 you guys, I felt that that was just a mistake that I had 1 Q. (By Mr. Cogdell) So they told you this --let
2 made, not even knowing that, you know, that there were 2 me back up. Gregory calJs you in December. You meet
3 other things that had gone on, and maybe this isn't 3 with him in Februaty. Right?
4 something that has only happened with me. So up until 4 A. Right.
5 today, I just internalized all that and thought it's my 5 Q. You meet with him, I'm assuming, at the FBI
6 fault. 11 Right? 6 offices?
7 A. (Nodding head.) 7 A. At tl1e FBI office here in Corpus.
8 Q. Correct? 8 Q. In Corpus. So he tra~om Houston to
9 A. Correct. 9 Corpus. !(})~
10 Q. So before you met with the FBI, is it safe to 10 A. Yes. tF'~"Y
11 say, or is it accurate to say that you did not believe 11 Q. How many tin~ you talk to him, Ms. Fanner,
12 that Mr. Morris had done anything criminal? 12 between the first c&d the first sit-down face-to-
13 A. No, absolutely not. 13 face intervie:=l\..~"
14 Q. Okay. Well, what did you mean by, "But up 14 A. I thin~t the first time be, it was like
15 until coming and visitmg you guys, I felt that Jt was 15 right aro``hristmas, obviously in December.
16 just a mistake I had made"? 16 Q. ~ma'am.
17 A. I felt like it was an isolated instance. 17 A`` I tltink be had to reschedule. So I guess I
18 Q. Well, it bemg an Isolated instance is a 18 ta~R we bad scheduled a date maybe in January RR
19 different kettle offish than it being a mistake that you 19 r~time between the two, and be had to reschedule
20 made. So what dtd you mean when you said, "But up un tl ``cause he had another engagement that he had to got ,
21 coming and vtsitmg you guys, I felt that tt was just a ~ and so he rescheduled for the February time.
22 mistake that I had made"? What d1d you mean by that?0 ~2 /
Q. Okay. So do you talk with hun on the phone
23 A. I thought it had more to do with me persona 3 about what happened between the December phone call a
24 Q. Meaning what? ~ 2 4 the February meeting, or is it just scheduling?
25 A. That it was just me that had been in th ~ 25 A. Just scheduling.
g 166 168
1 blackout situations with Henri. ~ 1 Q. He's not providing you any information --
2 Q. Okay. What mistake that y~· are you 2 A. No,no.
referring to? What did you mean ~"6 mistake that I
3
4
5
madc11 ? What mistake? (n
A. Not being more caref ~ myself. And I fel
3
4
5
Q. R- about his investigation during that period
oftimc?
A. Huh-uh.
6 ike an outright, I 6 Q. So how long do you discuss with him what
7 don't lruow what happc 7 happened before they turn on the tape recorder and this
8 Q. All right. Sto . 8 statement is created?
9 FBI, the first incid~waning, I'm assuming-- 9 A. This started at, what, 1:10?
10 A. New YQJ'I i) 10 Q. l:lO,yeah. Yes, ma'am, 1:10.
11 Q. --New you were unclear in your own min 11 A. !think I got there at 11:00.
12 what had ed then. 12 Q. Okay. So you were with him a couple of hours
13 13 A. Couple of hours.
14 14 Q. And during this period of time, is he providing
15 15 you information?
16 16 A. No.
17 Q. --in this first meeting? 17 Q. Well, wait a minute. Ithoughtyoujustgot
18 MR. TODD: Fonn. 18 through telling us that they told you that this had
19 THE WITNESS: That this was not just an 19 happened with other women and it wasn'tjust you.
20 isolated instance with only having to do with me twice, 20 A. He wasn't --
21 where the same thing happened twice, where I don't 21 MR. TODD: Form.
22 remember,! wake up and I don't remember and I'm nake 22 THE WITNESS: Okay, thank you. He wasn't
23 and I feel nauseous and awful, that that doesn't have to 23 providing me with specific facts about anything. He
24 do with just me, that there are other people that Henri 24 said, "We'd like to hear what you'd have to say about
25 has done this to. 25 your relationship with Henri Morris and, in regards to
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1 traveling with him." 1 Q. It ended at 3:47.
2 He said, "There have been some allegations that 2 A. Uh-hub,
3 have come up against him, and we'd like to hear if you've 3 Q. Two-and-a-half hours, more or less.
4 ever-- what your experiences have been traveling with 4 A. Uh-huh.
5 Henri MotTis." Now-- 5 Q. Correct?
6 Q. (By Mr. Cogdell) Ms. Fanner, we spent about ten 6 A. Uh-huh,
7 minutes hacking apart dtis sentence about, "But up until 7 Q. So if you got there around 11:00, you had about
8 coming and visiting you guys." And during my question 8 two hours between the first ~au tell it and the
9 and answers about that verbiage, you ce11ainly told us 9 second time you tell it. Ok£J
10 that they had provided you infonnation about what had 10 A. Uh-bub. tP..~f!?!!j"
11 happened widt other women. 11 Q. Okay. What ~nation was told by law
12 A. Right. 12 enforcement to yo~fore you gave this statement, the
13 Q. And it just wasn't an isolated instance with 13 one we see her~'-/
14 you. 14 A. Justji!~''Believe it or not, there are some
15 A. Will you let me finish my answer, so that I can 15 similari~ you aren't the only one that's
16 answer the question? 16 experQ this,"
17 Q. Will you answer my question? 17 ~)fay, Did they tell you how many other women
18 A. I'm trying to. 18 ``erienced this?
19 Q. Okay. 19 ~· No.
20 A. So I gave my statement and told them what ~if!j} Q. Who all was in the room at the, the wannup
21 happened between Henri and I on those two trips. Walke ~ session, for lack of a better term?
22 through the entire statement. And then they said,
0
c;d2 A. Officer Gregory, Officer Patrowski, or how d
23 "Andrea, believe it or not, this hasn't only happened t~ r:d:Z 3 you say his last name?
24 you." This was after I gave my statement, after I ~o~ 24 Q. Patrowski I think is right.
25 them everything that happened. U 25 A. Patrowski. And then one other court person o t
~170 172
1 There are a lot of similarities in whgened. I 1 the computer, like documenting, is this Henri, and circle
2 kind of talked to him about bow I ne~ anybody an 2 and sign, and--
3 that J had a lot of guilt about it. A~ said that 3 Q. Okay. At one point, you said that you had
4 "We can't get into specifics righ~, ut there are 4 spoken with Special Agent Gregory about fifty times--
5 other women, and you're not tl~ y one that's 5 A. Uh-lmh.
6 experienced something like~ 6 Q. -- in total, and then you changed that to --
7
Q. Okay. ~ 7 A. To twenty.
8 A. Then after tha t back and gave the exact 8 Q. -- about twenty times. Give me your best
9 same statement an~ythat I had given before. 9 estimate as to the number of times you've spoken with
10 Q. How do ~o~1?Ji it was the exact same 10 him.
11 statement? ~ 11 A. The reason I said originally fifty is because I
12 A. I m~ wasn't the exact verbatim, but I 12 was trying to gauge like, okay, this has been going on
13 mean, J'`` y --it was the same-- it was like 13 for two years, and I tall5 A. I got the information separately, J guess.
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1 Q. Okay. 1 A. Not officially.
2 A. Over a couple of different phone calls. 2 Q. Did you request it unofficially?
3 Q. All right. 3 A. No.
4 A. And~- 4 Q. Okay. So they wouldn't have had any directive
5 Q. Let me correct myself. If it wasn't the same 5 from you not to be included. Right?
6 day, it was within a couple of days. 6 A. Right.
7 A. Right. So tbat would be an example of more 7 Q. So what is your understanding of why you
8 times than one time in a montlt. 8 weren't included? ~
9 Q. Okay. 9 A. I don't have a n * tanding of why Iwasn'
10 A. So the otlter times tllat he would call me is 10 included originally~
11 when the trial would be rescheduled. 11 Q. Now later, I e within the last 30, 45 days,
12 Q. Okay. It's been rescheduled twice. 12 they've amen~ indictment aod included the
13 A. Okay. 13allegation agai " u. Right?
1
14 Q. So that leaves about sixteen cails. 14 A. Yes,~.
15 A. And then if there was when he goes in and
MM 15 Q. m~ meet with them and go over again what
16 does his arraignments I don't know. I feel like tlterc
M- 16happe~t 1 you between this meeting in February o
17 have been a few different meetings and a few different 17 201~ 1e most recent time?
18 schedules and reschedules. So cancellations, 18 o ~No.
19 reschedules, him going in and accepting my indictmen 19 ,r~· Inthetime.thathewas,he--rmsorry. I.
20 then calling and talking to me about what, that they're ``a long, long mght for unrelated reasons last mght.
21 going to put me as part of it. Did you meet with law enforcement between your
22 Q. Let's talk about that. Originally you () ~2 original meeting with them in February of2012 and the
23 understand, or you're aware, Ms. Fanner, that you wer~ time when his charges were enlarged to include your
"' 3
24 named as a, as a victim or, or a person associated «:.:~ 24 allegations?
25 the indictment. Right? J' 25 A. You're asking me if I met with him--
~174 176
1 A. Right. ~ 1 Q. Yes, ma'am.
2 Q. Clearly,law enforcement w~ your 2 A. --face to face MM
3
4
5
claims about what happened when
arrested and charged. Right? 9 ris was original
A. I don't know any info~ On about that.
3
4
5
Q. Yes, ma'am.
A. --at any other time?
Q. Yes, ma'am.
6 Q. Well,ofcourse~ umetwithtl1em 6 A. Yes, I did.
7 before he was arrested. Ri 7 Q. Okay. And when was that?
8 A. Oh, law enfor~ meaning the FBI? 8 A. Once in Houston.
9 Q. Yes, ma'am~ "' 9 Q. When?
10 A. Yes, Ye~ ~tf 10 A. In May.
11 Q. So law ~ement was aware of your claims. 11 Q. Of?
12 Right? ~ 12 A. 2012. May of 2012.
13 13 Q. So more than a year ago?
14 A.
Q. ~-Y:ou understand that ihe original charges 14 A. Right. And that was two, and then once
15 d i N lude the claims that you've made. 15 again--
16 A. es. 16 Q. Let me stop you there. Did you tell them
17 Q. What's your understanding of why you weren't 17 anything in May of2012 that you hadn't already told then
18 included? 18 in February of2012, tell them anything new or different
19 A. I, I didn't have an understanding. I just knew 19 A. WeJI, they found the pictures.
20 that I wasn't, tltey didn't necessarily need me. I'm a 20 Q. Okay. Did you give them any new infonnation?
21 very private person. I didn't want to be in this 21 A. I confirmed that the pictures were me.
22 position where I was a witness. 22 Q. Okay. That was more than a year ago. Right?
23 Q. Did you request -- I'm sorry, I'm stepping on 23 A. Right.
24 your answer. Did you request not to be included in the 24 Q. Did you meet with them again?
25 charging document? 25 A. Yes.
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1 Q. When? 1 the pictures.
2 A. I really, I mean, I think tlmt you have access 2 Q. Being able to include the pictures?
3 to when I affirmed the pictures. I really don't remembe 3 A. Part of my testimony having actual physical
4 when it was. They came down here so that I could doth 4 media proof or something.
5 same thing and affirm the pictures. 5 Q. In other words, they needed you to be a victim
*
6 Q. ButthatwasinMayof2012? 6 in the case so they could introduce the pictures?
7 A. No, tbey did it twice. 7 A. I don't lmow. I don't lrnow why they're
8 Q. Okay. 8 including me.
9 A. Because there was one set of pictures they 9 Q. Okay. Did you asls~. "Why didn't you do
10 found from New York. 10 this before? Why is tl``ening now?"
11 Q. Okay. 11 A. I pretty mucl~ them that I didn't, really
12 A. And then they had to-- Henri had a locked 12 didn't want to go ial and that I didn't want really
13 flash drive that they had to get into somehow or get 13 to be included, was too late, and--
1
14 another-- I don't know. They had to do something with 14 Q. When ou tell them you really didn't want
15 this flash drive that they couldn't get into for a while. 15 to be inchl~ After they included you?
16 So then once they got into that locked flash drive, then 16 A. 1 A. I don't think that you are.
2 A. No, no. o \Qj 2 Q. So please don't"
3 Q. Okay. What, if anything, cha~etween the 3 A. That was my hesitation. Those were the tltings
4 time that you met with them six c1f@1~'l``n~nths ago and 4 that I expressed to the FBI. I--
5 when the indictment was super``~ month or so ago wi 5 Q. When did you first express to them 1l1at you
6 respect to you? <'~ 6 didn't want to be a part of this? Because when we last
7 MR. TODD: F:;'lQ)~ 7 left that topic"
B Q. (By Mr. CogdU1 thing late breaking? 8 A. I never said that I didn't want to be a part of
9 A. I don't kno~ _/ 9 it.
10 Q. Okay. 0 I) 10 Q. Okay. Then I'm confused.
11 A. Notl``t(~ I said or did or"- 11 A. Yeah. I never said that I didn't want to be a
12 Q. were infonned that the charges were 12 part of it.
13 going toi~ you-- I'm assuming someone told you 13 Q. What did you say?
14
15
~
thai£. 14 A. I said, "I will be a part of it, and I want to
, -huh. 15 help, but I don't want anybody finding out about this.
16 Q. ho did? 16 don't want to go on trial. I don't want any of these
17 A. Glenn. 17 pictures to get out or to be" -"
18 Q. Okay. And, and what did he tell you? Just 18 Q. When did you tell-" I'm sony, my bad.
19 that? 19 A. The first time, February.
20 A. Yeah, just exactly what-- I mean, not exactly, 20 Q. You told them in Februaty about-"
21 but what you said. 21 A. Not about the pictures.
22 Q. Okay. Anddidyouaskhimwhynow? 22 Q. Hold on. Let me" we've got to let each other
23 A. I think so. 23 finish. Okay. You told them in February of2012 that
24 Q. What did he say? 24 you didn't want io be a witness?
25 A. I think it has to do with being able to include 25 A. No. That I didn't want to testify.
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1 Q. Okay. Well, to me that's the same thing. That 1 civil case wasn't filed in Februaty of2012. The
2 you dldn't want to testify in court. 2 ctiminal case wasn't even filed in Febmary of2012.
3 A. No, this is fine. 3 A. I didn't say that it was.
4 Q. I'm sorry? 4 Q. No, ma'am, but I thought you told me earlier
5 A. Like a written statement. They told me that 5 that you told the FBI early on you did not wish to be a
6 this would be admissible in court, that my statement 6 witness in trial, in a courtroom.
7 would be-- 7 A. Right.
8 Q. T11ey told you that your statement would be 8 Q. When did you tell themJhat?
9 admissible in court? 9 A. In February. r&~
10 A. You're confusing me. 10 Q. Of2012? F``
11 Q. I'm not tlying to. I'm just trying to, I'm 11 A. Yes. U;
12 just trying to understand what you're saying. 12 Q. Okay. The~case wasn't even filed then.
13 A. They said that I probably wouldn't have to 13 Do you lmderst``~f?
14 testify. 14 A. I und~d.
15 Q. Okay. Andyoutoldthem--Ithinkyouwere 15 Q. 0~
16 going to tell me that you told them, 11 Good, I don't want 16 A. ~s why I was upset when the civil case,
17 to testify in court. 11 17 that~Weceive the subpoena, the first subpoena,
18 A. Yes. 18 ``number one, I thought 1 might have to testify nov
19 Q. Okay. So when was-- and again, it sounds like 19 1 this bas been drug out for so long, that it's
20 I'm enjoying this. I'm just not. I'm fiustrated with `` tingto a point where yes, now I'm a witness. Yes,
21 myself. When did you tell them for the first time that ~ you might have to, it might go to trial.
22 you did not want to be a witness in court? In February '> c;d2 And you know, all of these things are happening to
23 of2012? ~ ``3 where it's getting closer, and I probably am going to
24 A. No. I think it was in a moment offrustra?`` 2 4 have to go to the witness stand. Like I said, I told the
25 a few weeks ago, when I got subpoenaed and the``n 2 5 FBI, I told everybody, I am 100 percent, I will testify
~182 184
1 out that it was you guys that were subpo~g me. I w 1 in the criminal case.
2 very angry about that, because I don::,t: ~'no help this 2 Q. Okay.
3 case at all. ff/fjf 3 A. But the civil case-
4 Q. Do you want to hurt this c~ 4 Q. Let's stay on the criminal case, and we'll get
5 A. That's not what I sa~id. 5 to the civil case.
6 Q. No, ma'am. You said. ~ on't want to help. 6 A. Okay.
7 So what, what do you wanfO with respect to the case? 7 Q. If I'm underslanding you right, in February of
8 A. Nothing. (( ~ 8 2012, you tell the FBI, "I don't want to testify in the
9 Q. So you don·~'t=fu be involved in tl1e case? 9 criminal case, in the courtroom." Right?
10 A. No. '> (!!:j 10 A. In the courtroom.
11 Q. You~o1sh to testify in the case? 11 Q. Okay. When did you change your mind? Because
12 A. In case? 12 now you're telling us that you told the FBI, "I'll do
13 Q. InM vtl case or the cnnunal CdSe. 13 whatever you need me to do in the criminal case." When
14 ~criminal case, I will testify. 14 did you change your mind?
15 y. 15 A. I guess probably lil(e eight months ago, and I
16 and this is exactly the conversation that 16 just--
17 I had with the FBI. "I will testify. I'll do whatever 17 Q. What changed your mind?
18 you guys want in a criminal case." And I've been very 18 A. When the case just continued to move along and
19 clear about that. I want to help with the criminal case. 19 it was getting closer and -
20 Q. Okay. I'm-- 20 Q. T11e criminal case?
21 A. The civil case-- now, let me finish-- is 21 A. The criminal case.
22 totally different. I asked if I could get out of the 22 Q. Okay.
23 subpoena. They checked if I could get out of the 23 A. Was moving along, and it was rescheduled, and
24 subpoena, and I was-- we were told no, that I couldn't. 24 then more information and evidence was found, and I w
25 Q. Okay. I ;nn confused. Let me hack up. The 25 told that it's really now becoming a strong possibility
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1 that it is going to trial. And if it does go to trial, 1 started at --
2 then I will probably have to testify. 2 A. Yes.
3 Q. Was it previously suggested to you that the 3 Q. Let me finish answering (sic) my question
4 case wasn't going to go to trial? 4 before you say 11yes. 11 You-- look, this is a long day
5 A. That was the hope. 5 for everybody. It's the longest day probably for you.
6 Q. The hope of who? 6 You want to break for five minutes?
7 A. Everyone involved. 7 A. No. I just want to get this done.
8 Q. Meaning the FBI? 8 Q. Okay. That's fine. ~ep going.
9 A. Yeah. 9 A. Okay. ;g;;
10 Q. Meaning the U.S. Attorney's Office? 10 Q. You had worlre``t'e a couple of weeks. Right?
11 A. I don't know. I just started talking to the 11 A. Uh-huh. (}"
12 U.S. Attorney's Office-- 12 Q. And ~·t w ~as it the first night of that
13 Q. Okay. When you say, "The hope of all was that 13 trip that you cl · 1e pictures were taken of you?
14 the case wouldn't go to trial"-- 14 A. The d night.
15 A. I'm sorry, that was a generalized statement. 15 Q. Se~night.
16 Q. Okay. Who are you referring to? 16 A. ~ewark.
17 A. I'm referring to mostly Officer Glenn Gregory 17 ~Ycl that was in Newark, New Jersey?
18 and Cheryl Shaffer. 18 .~Monday night, uh-huh.
19 Q. Whydidtheyexpress,orhowdidtheyexpress 19 ``· Okay.
20 the fact that they didn't want the case to go to trial? ~if(jj MR. COGDELL: The picture, Gregg, that you
21 What did they say that led you to believe that? ~ showed her of--
22 A. They said hopefully it doesn't go to trial, ~2 Q. (By Mr. Cogdell) Now, okay, Exhibit I -- and
0
23 hopefully that there is a plea, and that thataway no`` `` 3 rm just-- just for clarity--
24 the witnesses will have to testify in court. . ,?~ 2 4 A. I have it.
25 Q. Okay. And if you had your druthers, waul~" 25 Q. Okay. Exhibit I, and--
~186 188
1 rather testifY in court, or rm assuming yo~ather not 1 A. That's Exhibit 2.
2 testify in court, in the criminal case?~i.fJ 2 MR. ROSENBERG: You're right. rm sorry. Thi
3 A. Selfishly, I would prefer n~ 3 is 1.
4 Q. That's fair. !understand~ nd I think 4 MR. COGDELL: Dammit.
5 what you're going to tell me is~ 'e would want to ha 5 MR. ROSENBERG: Sorry.
6 to go into an open co~ be identified and say, 6 Q. (By Mr. Cogdell) If! understood your
11
7 Those are my pictures. 11 erstand. rm not 7 testimony, you left the hotel with Mr. Morris the second
8 quarreling with that. JU ant to make sure that I 8 night, y'all came into the city, to Newark. Right?
9 understand what y~ . 9 A. Uh-huh.
10 A. As for jy~ 1 guess, and retribution, 10 MR. TODD: Form.
11 whatever you~ to call it. 11 TilE WITNESS: Yes.
12 Q. Ju~ what was the second phrase? 12 Q. (By Mr. Cogdell) And you met this person that
13 A. R ution. I don't know if that's the right 13 was a Jewish comedian. Right?
14 word ``e'll just go with justice, for doing the 14 A. Yes.
15 ri~ g, I've realized that 1 probably-- it's-- I'm 15 Q. You don't remember his name?
16 now Willing to testify, because I realize the importanc 16 A. No.
17 of my testimony. 17 Q. I'm going to tell you, this guy's name J know
18 Q. Okay. Let's get into a few details of the 18 is, just a matter of being an old dude-- me, not him.
19 trips. And if these are redWldant, I don't mean to be. 19 A. Okay.
20 I just want to make sure I understand as closely as I, or 20 Q. -~his name is Jackie Mason.
21 as well as I can. The frrst trip, the May trip, right? 21 A. Okay.
22 A. Uh-huh. 22 Q. Does that name sound familiar?
23 Q. That was May 6fu, 7th, 8th, somewhere in there? 23 A. Yeah,
24 A. Yes. 24 Q. Okay. You had never heard --
25 Q. And that was about two weeks after you had 25 A. Yes,
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1 Q. --of Jackie Mason? 1 where it starts to like pocket in my memories.
2 A. I'm tllinldng. 2 Q. Okay. Let's back up then. What time did y'all
3 Q. You're not going to insult him. He'll never 3 leave the hotel to go into New Jersey?
4 know one way or another. 4 A. Probably like 7:00.
5 A. No, I didn't have a clue and-- 5 Q. Newark.
6 Q. Okay. 6 A. Manhattan.
7 A. --who he was.' Now, I think I've seen him on, 7 Q. Okay. I'm sony.
8 like a, one of, like some, one of the late night shows 8 A. I understood the qu*.
9 since then. 9 Q. Good, I didn't~. ~
10 Q. Right. 10 A. I left to go in tO--e (:; attan at or-- I think it
11 A. When I saw him on the late night show, I still 11 was, it was probabl iJJl7:00 o'clocl{·ish.
12 didn't mal{e the recollection, but now you say "Jacki 12 Q. Okay. An&fum you had anything to drink before
13 Mason," I'm like, "Okay, maybe I know who that is.' 13 you left the has~"'
14 Q. But kind of a Rodney Dangerfield era comedian 14 A. Do y~t want me to answer these questions
15 an older comedian that's been around for a long time. 15 again? o:f!fJ;
16 That's at least now your understanding of the man. 16 Q. ~rdo.
17 Right? 17 A:~Olfay. Yes, I had had one glass of red wine.
18 A. No. 18 ,~Okay,
19 Q. Okay. He was a stranger to you that night? 19 r~"d. And tlten Henri Morris fixed me a coffee mug o
20 A. Yes. ~«@'l'Hstic --or paper travel to-go cup of a vodka soda.
21 Q. Okay. And this is one of the last ~ Q. Okay. So two drinks?
22 recollecttons that you have before your memory goes &?2 A. Two drinks.
0
23 blank? r:c-~ ~d23 Q. And then how many drinks do you have before yo
24 A. Uh-huh. !?~ 24 meet this fellow?
25 MR. TODD: Is that a "yes"? VJ 25 A. None.
~190 192
1 TilE WITNESS: Yes. . (f.?!> 1 Q, So total oftwo drinks?
2 Q. (By Mr. Cogdell) Look closel!<;J~fendant's 2 A. Right.
3 Exhibit 1. Do you appear to be into ? 3 Q. And bow long is it before you meet this fellow,
4 A. It's really hard to see mx~ face. 4 Mr. Mason, approximately?
5 Q. Well, from what you~a s'de--6fyour face, do 5 A. How long does it take to get from Newark to
6 you-- does it, do you appeac intoxicated? 6 Manhattan?
7 A. ldon'tlmow. ,£_Q 7 Q. I'Ilhavetoaskhim.
8 Q. Okay. Obviouau were with Mr. Morris that 8 MR. ROSENBERG: Could be anywhere from fifie n
9 night. Right? ~ 9 minutes to tlu·ee hours.
10 A. Uh-huh~ {!jj 10 THEWI1NESS: Idon'thave--
11 Q. Mr. Mo;~ in the picture witl1 the same 11 Q. (By Mr. Cogdell) What's your memory how long
12 fellow t~at~"!erring to as Jackie Mason. Right? In 12 the drive was?
13 this Defe ~s Exhibit 2? 13 A. J feel like it was probably 45 minutes to an
14
15 C
'o~ ``'ve got a fullHon clear shot of Mr. Morris. 14
15
hour.
Q. Now, you are literate in the social media and
16 16 Facebook and Linkedln and all that?
17 A. Uh-huh, yes. 17 A. Uh-hnh.
18 Q. Does he appear to be intoxicated? 18 Q. Do you recall posting any pictures that night?
19 A. I rcaJly can't say that based on a picture. 19 A. I think I did post a picture of us going into
20 Q. Okay. How long after meeting Jackie Mason is 20 the tunnel. I was thinldng about that, and I almost we t
21 it that your memory goes, goes blank? 21 bacl' and looked last night, but I ended up not. I thinl{
22 A. I don't have a clear recollection, like 22 I posted some pictures of us going into the tunnel.
23 tltat's --1 think I mentioned earlier that I don't really 23 Q. And were you-- you were ce11ainly sober enough
24 remember what restaurant we were at. I don't really 24 to post something on, on Facebook, right?
25 remember where we were sitting. I have vague-- that' 25 A. I mean, I don't think tlmt sobriety has
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1 anything to do with posting on Facebook. 1 it`` based on this and my`` I don't know. It's just
2 Q. Okay. What's this exhibit? 2 kind of like a stupid post. I'm like, "Wow, I was ldnd
3 MR. ROSENBERG: 5. 3 of tipsy at that point."
4 Q. (By Mr. Cogdell) I want to show you -- she's 4 Q. With all due respect to the Facebook posters,
5 got to mark it first. 5 probably 99 percent ofFacebook postings are pretty
6 (Exhibit 5 marked for identification.) 6 stupid.
7 Q. (By Mr. Cogdell) Show you Exhibit 5. It 7 A. Right. But I don't know, it's just lil{e a
8 appears to be posted at 7:39p.m. in New York by you, 8 stupid picture, and I was li`` --
9 "Dinner in NYC," exclamation point, "at Manhattan, Ne 9 Q. Look, pull back Ev``n to New York City
P~({ljjj"
10
11
12
York." Isthatyou?
A. Yes.
Q. Did you post that?
10 before?
11
12
A. No. u)
Q. Would yo~e with me it's an exciting first
13 A. I did. 13 time experienc&: u?
14 Q. Okay. So if we've got you going into the city, 14 A. Yeal``t tat's not really like my
15 I'm assuming this is captured real time at 7:39 or 15 personali~uess.
16 shortly thereafter-- 16 Q. ~nobody pulled a gun on you to post--
17 A. Uh-huh. 17 A``ow. That's why I'm saying, I feel like I
18 Q. --how long after this is posted approximately 18 ,~sy at that point, because I'm-- I don't know,
19 is it before you meet Mr. Mason? 19 ``lt just seems like a tipsy thing that I would post.
20 A. Urn-- Ai/!jj
Q. Okay.
21 MR. ROSENBERG: Mark this as 6. ~ A. I'm not saying I've never posted anything tipsy
22 THE WITNESS: I don't know, like-- <> c;d2 on Facebook, because I've had Facebook since before t1
23 (Exhibit 6 marked for identification.) ,;;:;~ ~d23 rest of the world had Facebook, but--
24 THE WITNESS: Not that long. Like it w`` 24 Q. What does that mean?
25 probably maybe 30 to 45 minutes, I would say. U' 25 A. Like Faceboo]{ started when I was in college and
~194 196
1 Q. (By Mr. Cogdell) Okay. Look at ``xt, 1 when only college people could have it, and there were n
2 Exhibit 6. And again, your, you app`` posting-- 2 pictures, and there were no -- it was just posts.
3 A. Yeah. 3 Q. Okay.
4 Q. -- a few minutes later at 8~1 . 4 A. So I mean, it's not really relevant to
5
A. Right ~ 5 anytlrlng. I'm just saying I've had a Facebook for, since
6 Q. You write, "Lincoln T- ,Berni askedmeifi 6 I was 19.
7 was claustrophobic, 11
cxcl~ · npoint. "Answer, no, an 7 Q. Okuy. Regardless, you made the decision to
8 we're off." «~ 8 post dris on Facebook.
9 A. No, I think``~se pictures arc, these 9 A. Right.
10 times arc wrong,;.__~ 10 Q. Certainly Mr. Manis didn't encourage you to do
11 ~· How w~ese times be wrong if you're 11 that.
12 postmg th~ 12 A. No.
13 A. M~'e:maybe it took a while to post, because 13 Q. And would you agree with me that at the time
14 we we~he tunnel and in traffic and it wasn't 14 you're posting this on Facebook, there's certainly,
15 po~· 15 you're not feeling awkward about Mr. Morris --
16 Q~ell, this looks like before you were going-- 16 A. No.
17 A. Because this is before when we were going to 17 Q. -- or under any pressure or threats or anything
18 Manhattan. 18 and so forth. Right?
19 Q. Right. 19 A. No.
20 A. So that doesn't make sense. So maybe I posted 20 Q. Generally speaking, and we've got a few minutes
21 this from the restaurant, or maybe I reposted it becaus 21 left, how often do you post on Facebook? How many time
22 it wouldn't go through. 22 a week?
23 Q. Okay. 23 A. Depends on what I'm doing.
24 A. Because I remember taldng this picture, and I 24 Q. Approximately. What's the low-- what's dte
25 was talking about this picture and saying, you know, 25 sort of the low and the high?
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1 A. Low is zero. High is seven. 1 terms of when the pictures of you were taken?
2 Q. Okay. Aboutonceaday? Moreorless? 2 A. Yes. I can't recall. I think they said it was
3 A. No. 3 like a long period of time.
4 Q. Seven times in a week isn't once a day? 4 Q. Well, I mean--
5 A. That's the high. 5 A. A few hours.
6 Q.
Okay. You go and you're at this restaurant, 6 Q. Let me be clear. To-- that's poorly worded on
7 you meet Mr. --what's his nari1e? 7 my part. Do we need a break?
B MR. MORRIS: Jaclde Mason. 8 THE VIDEOGRAP~wo minutes.
9 Q. (By Mr. Cogdell) -·Mr. Mason, and then 9 Q. (By Mr. Cogde~l) 0 Really two parts to
10 everything goes dark. Right? 10 that question, Did tl1e - with you how long it took
11 A. Right. 11 to take the pictures? U
12 Q. What is your best recollection of when you got 12 A. Yes. ~
13 back to the hotel? 13 Q. Okay. ~tJhat did they say?
14 A. No idea. 14 A. I don~ember.
15 Q. What is your best recollection of when it was 15 Q. Y`` "a fairly long time," I think you
16 that you claim these pictures were being taken of you? 16 said. Q
17 A. I think it was around 4:00 in the morning. 17 A~'Yairly long time. Like I remember being
18 Q. And you base that, I think I heard your answer 18 s~ed, because to my knowledge, there was only on
19 to Gregg, but you base that on what, the 4:00 in the 19 .--``~e taken. And like I think that they had told me
20 moming? ~l?@jiat there were pictures starting from like-- I don't
21 A. And now forgive me, because I was very grogg ~ even remember. It's been so long ago, and I was so
22 at this ti~e. 0
c:;d2 traumatized by seeing tl1e pictures, that tl~ere's not a
23 Q. Fmr enough. j~c:23 whole lot else I remember from that meeting.
24 Q. Okay. But according to your memory, the FBI
A. I thin}{ I recaJI looking at the bedside
1
ta ~" 24
25 and seeing the time on the alarm clock. VJ- 25 suggested to you that the picture taking lasted some
~198 200
1 Q. And the time on the alarm clock wa~alatm 1 period of time?
2 clock that was provided by the hotcl?Ace;~U 2 A. It was more than one second, which is what I
3
4
5
6
7
time of it was accurate?
A. I don't know. I had
Q. You assume that it
t
A. The hotel, like a digital, ~
Q. And you believe that 1l1e a~ock was, 1l1e
een --
·
3
4
5
6
7
thought that it was.
Q. Okay.
A. So I want to say a couple of hours. I don't
really recall.
Q. But the beginning, the first picture would have
8 A. At that time I ~ti; that it was. 8 been taken, and 1l1en two hours later ti1e last one was
9 Q. Now, when~"F'BJ came and showed you the 9 taken?
10 pictures that wet~ ~that evening-- 10 A. I don't know.
11 A. Uh-huh ~ 11 Q. Okay. Did they share with you when in terms of
12 Q. -- d' share with you-- do you know what 12 tl1e hours of the day those pictures were taken?
13 ~:``~tadata
~ au probably do. Do you know whatmeiada a `` A. Maybe, but like I said, at that time it was my
14 understanding that there was one picture, and I'm sittin
15 . mtisit? 15 here seeing that there arc multiple pictures, and I just,
16 Q ell, are you familiar with the term 16 that's all I remember from that meeting. I know that
17 "metadata"? 17 they told me a lot of information, but--
18 A. No. 18 Q. Okay. We're out of time, so I'll come back
19 Q. Okay. Are you aware that, for example, when 19 A. Okay.
20 pictures are taken, or entries are made into a computer, 20 THE VIDEOGRAPHER: The time is 3:03. We're o
21 there's a record -- 21 the record.
22 A. Correct, yes. 22 (Recess :fium 3:03 p.m. to 3:11 p.m.)
23 Q. --of it time-wise that can be captured? 23 THEVIDEOGRAPHER: Thetimeis3:11. Weare
24 A. Yes. 24 recording.
25 Q. And did the FBI share with you the mctadata in 25 Q. (By Mr. Cogdell) Okay. Ms. Fanner, I'm going
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1 to tty to be as time efficient as possible for all our 1 Q. --after that, something like that? Now,
2 sakes. Okay? Is it accurate to say that after you woke 2 refresh my memmy, ma'am, as to who was at the Jolm
3 up in your hotel room on the, in the early, what you 3 Hancock Tower.
4 believe to be the early morning hours of-- what would 4 A. Henri Morris, Trevor Morris, and Beth Jac){SOI
5 that be, May 7th? Is that the date? I'm sony. May, 5 and myself.
6 either the late evening hours of May 9th-- 6 Q. Okay. And tl1e next morning when you
7 A. May lOth. 7 intentionally outed the fact that Mr. Morris had called
8 Q. --May 1Oth. Right. When you woke up in the 8 you, that was in
9 early morning hours of May !Otl1, foggy as it was, you 9 A. I believe it was in``"' ofTrevor and
10 certainly had the belief that Mr. Morris had taken 10 Beth. But I don't ,7'?:
l'ey were paying attention.
11 pictures of you without your consent. Right? 11 Q. Okay. You ~ mauvu. Morris said,
12 A. Yes. 12 "What are you tai~bout?" He, he denied, in essence,
13 Q. Okay. You were at least that clear. Right? 13 that he had call``·
14 A. Yes. 14 A. RighO::~said,"Ididn'tcallyou." Andl
15 Q. And would you agree with me that that certainly 15 said, "~Ndi:~ I have a missed call from you." And
16 would have negatively impacted your view of Mr. Morri ·? 16 was tr 1g. o be vague.
17 A. Yes. 17 ~ y were you trying to be vague?
18 Q. And likewise, your view of your, of your job. 18 .~Because I felt uncomfortable about outing him.
19 Right? 19 ~: · Why did you do it?
20 A. Yes. ~rf(/jj A. But I wanted to set a boundary, that that was
21 Q. Okay. Chicago, let's jump there. You talked ~ inappropriate, like passive aggressively, I guess. And
22 about earlier that the late night phone call at 1:30 8;t2 that was my way of setting the boundary and letting hi
23 a.m -- j ~62 3 know I'm not going to like have any secrets or allow yo 1
24 A. Uh-hnh. . t?~ 24 to call me at 1:30 in the morning. So tlmt was my way f
25 Q. --or something like that in Chicago. Wh`` 25 setting a boundary as ldnd of letting him )mow that if
~ 202 204
1 your phone number at the time? ~ 1 you call me at 1:30 in the morning, I will say somethin
2 A. The same as it is now, 361~ 3. 2 about it in front of your son and Beth.
3 Q. Okay. And who was your er? 3 Q. Okay. You used the term "I was passive
4
5
A. T-Mobile. Q
Q. Was it that evening t~ 1 went to the John
4
5
aggressive,'' or ttkind of passive aggressive.''
A. Uh-huh,
6 Hancock Building? ~ 6 Q. Would you characterize yourself as passive
7 A. I think so. ~ 7 aggressive?
8 Q. Okay. Didy /':p a picture from the John 8 A. No, not consistently.
Hancock Building~ -
i
9 9 Q. Inconsistently passive aggressive?
10 A. Yes, I 10 A. I think everybody's passive aggressive at some
11 Q. Let ~(ou iliat, Ms. Farmer. 11 point, maybe even ifthey don't realize that they're
12 ELL: Do you have it? 12 doing it.
13 ~ENBERG: No. 13 Q. Okay. Have you looked back at your phone
14 WITNESS: That's it, that's it. Oh, no, 14 records for that evening --
15 ili~ Miami. 15 A. No.
16 Q. (By Mr. Cogdell) In any event, you believe iliat 16 Q. --that morning? Have you seen Mr. Monis'
17 Mr. Monis would have made this late night call after th 17 phone records for that morning?
18 John Hancock Tower get together? 18 A. No.
19 A. I think so, yeah. 19 Q. Okay. New Orleans, the next trip, was that the
20 Q. What time were ia11 there, that is, at the 20 next (rip, or was there D.C. in there?
21 John Hancock Tower? 21 A. D.C. was in there.
22 A. It was probably around like 10:00 p.m. 22 Q. Nothing of a sexual nature happened in D.C.?
23 Q. Okay. So this phone call would have been 23 A. (Shaking head.)
24 three, three-and-a-halfhours -- 24 Q. Okay. Let me just skip over, skip over that.
25 A. ID1-huh. 25 The Aunt Sally's dinner, who was pres·ent there at the
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1 dinner? 1 comptroller and Henri, no. But that was kind of
2 A. Tom, I think it's Tom Langford, but I'm not 2uncomfortable.
3 sure. Tom, who is the CFO of Aunt Sally's; the 3 Q. All right. I'll go there for just a minute.
4 comptroller, whom I can't remember her name. 4The bickering Catholic/Jewish thing.
5 Q. All right. You've called Cheryl-- I think 5 A. Right.
6 you've used the name Cheryl? 6 Q. Mr. Morris is Jewish?
7 A. I used the name Cheryl throughout my statemen 7 A. Jewish.
8 Q. And I'm not trying to play gotcha. Let me 8 Q. And the comptrolle*
9 throw another name out and see if it might be consistent 9 A. Catholic. ~.(0>~
10 with your mem01y. Joan White? 10 Q. --is Catholic.~arted the--
11 A. Yes. 11 A. I think. that ~arted it. I believe her
12 Q. Now, after I outed, if you will, Ms.~- 12 name was Joan.~
13 A. I don't lmow what her name was. I mean 13 Q. Okay. 0~'
14 honestly, I thought it was Jackie for like two months 14 A. I me~don't know her name.
15 because I Googled it on my own, and I saw Jaclde. And 15 Q. ~animated did that``
16 was like, "Oh, Jackie, that's right." And then I think I 16 A. ~ards the end of the dinner, it got to where
17 said her name the other day, and then I was like, "Oh, I 17 it w~"it, okay, like~- at first it was kind of funny,
18 don't know if that's right.'' So I don't know what her 18 ``nit got to where it was like bordering on like,
19 name was. 19 ~'maybe don't say it so loud, and lil{e --it was
20 Q. And who is Larry Stanton? ``st, got really uncomfortable.
21 A. Oh, Larry. That's the CFO. I'm sorry, I'm ~ Like she kept being lil{C, "You hate me because I'
22 like sometimes I create names for people that are not <> ~2 Catholic." And like, "Oh, you're just Jewish," and it
23 correct. L~·-v 3 Idnd of got like borderline racist, I guess, and I felt
24 Q. Okay. So who were you with that rught? Le 1 24 uncomfortable with it. And I just wanted them to jus
25 do it t11flt way. 25 Jike stop talldng nbout it
~206 208
1 A. Larry Stanton. @J:l 1 Q. Of the two of them, who was being more
2 Q. Okay. dl i\Jj 2 inapproptiate?
3 A. Let me just give you titles.~urrent, 3 A. The comptroller for sure.
4 during that time, August of 20 ``t .Sally's curren 4 Q. Okay. And so she was yards above, in tenns of
5 CFO and comptroller. ~ 5 her--
6 Q. Okay. lfi told~ou suggested to you 6 A. I think Henri was just ignoring her.
7 that the identity of those s would be Larry Stantor 7 Q. Okay. Is she in her cups at that point? Is
8 and Joan White, wou y agree with me? 8 she becoming intoxicated at that point?
9 A. Sounds r``~ 9 A. Yes.
10 Q. Sounds Lt~ng offamilianty? 10 Q. A little or a lot?
11 A. Yeah`` 11 A. Kind of, she was becoming increasingly, having
12 Q. So mking back on it, your memory havmg 12 more volume to her voice. So it appeared to me that she
13 been refr?( y an agmg lawyer, you think that the cFp 13 was becoming increasingly more intoxicated at dinner.
14 •:~d ~Z~ rdent, or the other way around, the President 14 Q. What about Henri?
15 an ~were Stanton and Joan White. Right? 15 A. You can't tell with Henri.
16 A. President? 16 Q. Okay. So at least from a visual observation,
17 Q. What is, what is Larry's title? 17 he didn't appear to be --
18 A. At that time it was CFO. 18 A. He's- are you familiar with TABC
19 Q. Okay, CFO. Fair enough. The dinner, where wa 19 certification?
20 it? 20 Q. I've tded about 150 DWis in my earlier days.
21 A. Some restaurant, steak and seafood restauran 21 A. Right.
22 on Bourbon Street. 22 Q. So yes, ma'am.
23 Q. Anything unusual about the dinner? 23 A. So he's like an experienced drinker. Like be
24 A. Other than some odd Catholic/Jew bicl{ering, 24 doesn't, to me, otlter than tlte time that he seemed very,
25 back, Jewish bickering back and forth between the 25 very drunk when we went to the Hancock Center in Chicag ,
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1 I really could never tell. 1 Q. Well, then let's get my definition of a lie out
2 Q. All right. So except those two occasions, he 2 there. Okay? A lie is an intentional and false
3 never appeared, at least visually or outwardly to you, to 3 statement, a knowingly false statement or representatio
4 be intoxicated. 4 Okay?
5 A. Uh-huh. 5 A. Uh-huh.
6 Q. Whether he was in fact or not, you don't !mow, 6 Q. Giving that definition of a lie, did you lie to
7 but you're saying-- 7 any customers while you were at Edible's, working for
8 A. No. I mean, based on the-- 8 Edible? ~
9 Q. --he carried his liquor well? 9 A. I mean, tlte e~te t;~'fhe lie would be, "Oh,
10 A. Based on the number of drinks that he had, h 10 let me go. I have an ppointment," when I jus
11 had to have been intoxicated. 11 really wanted to ge customer off the phone.
12 Q. Okay. Are you TABC certified? 12 Q. Okay~Litbite lies?
13 A. I have been in my past. Not currently. 13 A. White '
14 Q. When were you TABC certified, and under wha 14 Q. Oka · you ever lie to your employers whil
15 circumstances? 15 you wer``ible?
16 A. I guess I've been TABC certified from the tim 16 A. ~an, I'm sure that I made up white lies to
17 I was 19, and then my certification just expired in 17 the~o.
18 April. 18 o ®White lies in terms of what?
19 Q. I'll give up. Why did you become TABC 19 r~·
In terms of probably-- hmm, 1 can't think of
20 certtfred? I tluttk I know the answer. ``ything specific, like right now.
21 A. Oh, because I worked in food and beverage. ~ Q. Okay.
22 Q. Okay, and did you work as a, as a hostess, a
0
f;d2 A. I'm sure that in tlte three months ofworldng
23 waitress, or an alcohol server? ````3 there, in my emotional state-- I'm not a liar. I don'
24 A. Everything. . JC~ 2 4 intentionally tell lies all the time. I'm not a
?5 Q. Okay. Do you consider yourself a tru~ty_· 25 compulsive liar. But I'm sure that being in the state
~ 210 212
1 person? ~ 1 that I was in during the time I worked at Edible Softwar
2 A. Yes. o ~ 2 and all the personal things going on, that I probably
Q. What sort of things motivate ~ie?
#
3 3 told them something that wasn't wholly true, to get out
4 A. Hmm, avoiding hurting se~y's feelings. 4 of having to give a personal fact.
5 Q. Okay. What else? 5 Q. Okay. Do you recall any specific examples?
6 A. Ifl don't want to nece :OY talk about 6 A. I don't.
8
9
7
by omission. a
something, I wlll omit inti 1011.So it's like lying
Q. Did you eve~'o-customers while you were at
7
8
9
Q. You say that you were three hours short of
graduating from the university?
A. One class short, so --
10 Edible? 0
!J!j} 10 Q. How many hours short?
11 A. ltriedt~ 11 A. I'm not sure. I think that the, it fulfilled a
12 Q. Di``~ 12 few different credits, so like I needed one more history
13 A. If``; I did, because I found out, as I 13 credit and an upper division credit, and maybe one othe
14 work``~e M- and this was another issue that I had 14 but this one class tlmt I was actually signed up for,
15 with~ le Software-- that the software didn't perform 15 upon the time that I walked the stage, it was an online
16 in t~ay that it was, we were led to believe that it 16 class, was going to fulfill all of those.
17 could, without a lot of extra money being put into it. 17 Q. So you were three classes short or three hours
18 And that was just my observation in learning what it 18 short?
19 could and couldn't do, and watching other customers po 19 A. One class-- I was, ifl could take one class
20 more and more billable hours into their customizations. 20 and fulfill my requirements fOr graduating, because this
21 Q. AU right. Let me stop you so that I 21 one class fulfilled the upper credit, credit that I
22 understand you. At least at today's date, you're teiiing 22 needed, and --
23 us that you believe you intcntionaiiy exaggerated the 23 Q. What upper credit were you lacking?
24 capability of the-- 24 A. I needed three more hours of upper credit
25 A. No, no, not intentionally. 25 classes.
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1 Q. In anything? 1 A. I started working in 2009.
2 A. In anything. 2 Q. And you were let go when?
3 Q. Okay. So you lacked three hours and only three 3 A. 20Jl.
4 hours to graduate from the University of Texas? 4 Q. So you worked there two years?
5 A. And I needed a history credit. 5 A. Uh-huh.
6 Q. Well, that's more than one class. 6 Q. And you were terminated for tardiness?
7 A. Okay. Do you understand what I'm saying? 7 A. That was the terms in which I was terminate
8 Q. No, I really don't. 8 but obviously I was rehir~d it was just an
'
9 A. Okay, So I could take right now Women's 9 unamicable relations~ my supervisor.
10 Studies in Japanese Culture, in upper division. It woul 10 Q. Witl1 who? ~
11 be an upper division level class, and that would suffice 11 A. Her name is ·· tin Gullo.
12 three hours for my upper division crediL It would 12 Q. And whata~e nature of that dispute over
13 suffice a history credit, and it would suffice a cultures 13 tlmt relatio;j: 1 Ms. Gullo tl1at was poor?
14 credit. 14 A. I wa --like it was just-- I don't know.
15 Q. So you could accomplish all of this by the 15 She just~ care for me, and I didn't care for her
16 taking of one three-hour course. 16 and it~ust a personality clash.
17 A. One class, yes. 17 ~ttl you quit, or were you terminated?
18 Q. I give up. Why didn't you take the one threeM 18 ~W!j I was terminated.
19 hour class so you could get your sheepskin from ihe 19 . Bywho?
20 University of Texas? Jtr:p
rf{& A. Kristin.
21 A. I just got busy with life and was working at Q. Okay. And the stated reason was?
22 the Hyatt at the time, and my sister was getting marrie ~2 A. Tardiness.
23 And tlten right after that, J started worldng at Mat~ f> 3 Q. And you disagree with that?
24 Firm, and-- ~ 24 A. Urn--
?.5 Q. How many years ago was this? U 25 Q. Were you tardy?
&214 216
1 A. Four. (@ 1 A. Yeah, but everybody was tardy.
2 Q. And you say you could, yo~ccomplish 2 Q. Okay. Were you tardy?
3 obtaining a degree from the Unive Texas by takin ~ 3 A. I was tardy.
4 an online class? Q 4 Q. Repeatedly?
5 A. Uh-huh. ~ 5 A. On occasion.
6 Q. Why haven't you do~ tin the past four 6 Q. Okay. Were you warned?
7 years?. g 7 A. It was like a separate type thing.
8 A. I just haven't~ 8 Q. What does that mean?
9 Q. Okay. T h J ess Firm, when did you-- 9 A. There had been like a training class that I
10 A. I mean,Jt $500 to do it also, so I've 10 had, was running late to because the breakfast, the me I
11 never had lik~xtra $500 to give to the class. 11 that I had to pick up wasn't ready. And it was -- I
12 Q. Ne~ ght a dress that cost $500? 12 mean, it's not really relevant, but it was just a stupid
13 A. Nl('Ji 13 type thing where one of' her friends-- Mattress Firm is
14 ~Y· .Ever gone on a trip that cost $500? 14 very incestuous, and one of her friends called her and
15 since college. 15 was like, "Yeah, Andrea seemed kind of disoriented at~
16 Q. Okay. 16 she was late to this training." Well, I wasn't really
17 A. I have a lot of student loans. 17 late. I just wasn't early. So I was there well before
18 Q. Okay. And so it's the $500 that's the 18 tltis training class started, butl wasn'tthere when the
19 impediment? 19 rest of the District Managers had gotten there.
20 A. I mean, it's that, it's the time, it's a lot of 20 Q. So let me be clear. So you think that your
21 different things. And the fact that for the jobs that 21 termination or the justification for your termination of
22 I've had, those haven't, it hasn't been like, "You need 22 being tardy was a contrived --
23 to have this, or else you will not get this job." 23 A. Yes.
24 Q. Okay. When did you first work for the Mattress 24 Q. Okay.
25 Firm? 25 A. I mean, they proved it, and that's why
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1 ultimately-- but I, walldng in-- 1 A. In terms of what?
2 Q. Well, if they proved it, how could it be 2 Q. How long did -- did she attempt suicide one
3 contrived? 3 time?
4 A. Walking into the office at that point, I was 4 A. How long did she attempt suicide?
5 going to quit if they didn't fire me. Does that make 5 Q. No, no. I'm sorry. How many times did she
6 sense? 6 commit, or attempt suicide?
7 Q. I suppose, at some level. 7 A. Once, around me.
8 A. I-- yeah. It was just not a good 8 Q. Okay. Were there o``.=QPcasions where she
9 relationship. I -- 9 attempted to do it, as far ar`` aware?
10 Q. Sowhydidyougoback? 10A. Yes. tF~'\::!y)
11 A. To Mattl'ess Firm? 11Q. Okay. And ~:W have the situation that you
12 Q. Yes. 12 discussedabo~tyoeliefsconcerning:Mr.Moms. Wh t
13 A. It's a huge company. It was a totally 13 else was gomg our ltfe that was d1fficult or
14 different area. I never saw that lady. I, I stiJI have 14 emotional fo m 2011?
15 close friendships with a lot of people that I worked with 15 A. ls~ot enough?
16 at Mattress Firm. And you know, I, I believe in the 16 Q. ~ot ttying to be clever. I'm ttying to
17 company. I think it's a good company. It feels 17 find``at was going on.
18 comfortable to me. I'm good at it. 18 o ~Right. Nothing.
19 And I was offered a Training Director position in 19 `` Okay. You were seeing a psychiatrist, a
20 Corpus, which is what I wanted to do anyways. And so, A~· William July?
21 mean, I had several people tell me after this all ~ A. Uh-huh.
22 happened that they were upset. Because normaJly you l~2 Q. He's known primarily as a relationship
23 wouldn't get fired, you would get demoted out of that ``d23 counselor, is he not?
24 position, !?~ 24 A. Uh-huh.
25 And they-- and then, youlmow, then. were s w " 25 Q. Were you seeing him for relationship problems?
~218 220
1 District Managers, they were like, "Wh~ppened? I 1 A. No. I was seeing him because I didn't-- my
2 would have totally taken you on m~e@ 2 insurance with Edible Soflware hadn't ldcked in yet at
3 Q. Wait a minute. You told me h ninutes ago 3 the time that this happened, because it happened in-
4 that you were going to quit if yo~ get fired. 4 Q. What happened?
5 A. Yeah. ,..__~ 5 A. When Amy attempted suicide.
6
Q. Okay. ~ 6 Q. Okay.
7 A. I'm not saying I ave accepted that 7 A. And so I was looking for something in Houston
8 position. I needed a /.: c • I needed something 8 that didn't, like you didn't need insurance to have a lo
9 different lneede~l away from that. Butl'mjust 9 rate. And he was the one that I found, and I talked to
10 saying like tl1e ``t Mattress Firm worl{s, it's ave 10 him, and I really liked him.
11 large compan~cisions are made independently per 11 Q. Okay. Did you connect with him?
12 departme``rc's, you ]mow, several hundred 12 A. Uh-huh.
13 districts, (f)~ach one of those, the district manager 13 Q. Feel like he did you some good?
14 makesJ(It~iring decisions. So I wasn't-- l mean, I 14 A. Yes.
15 feeL.fiin~ell that I could go and get a job at Mattress 15 Q. By discussing your problems and what was on
16 Fir~day if I wanted to, 16 your mind?
17 Q. Okay. You, you stated several times that you 17 A. Yes.
18 had a lot going on psychologically. It was a difficult 18 Q. Why didn't you tell him about what was going on
19 time for you-- 19 with Mr. Morris?
20 A. Uh-lmh. 20 A. I wasn't ready to,
21 Q. ~" in 2011. I know one of the things that's 21 Q. And when did you first out that to a care
22 out there, Ms. Fanner, is the reality that your roommate 22 provider?
23 apparently attempted suicide. Was that an ongoing thing? 23 A. June of2012.
24 Was that a one-instance situation? How sort of long tenn 24 Q. More than a year after it happened?
25 was that problem? 25 A. Uh-huh. Yes.
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1 Q. Do you feel like Dr., Dr. July wouldn't have 1 Q. Before Edible Software?
2 been sympathetic or wouldn't have provided you some 2 A. Before Edible Software.
3 assistance? 3 Q. Okay. So that couldn't have anything to do
4 A. I'm sure he would have, but it wasn't his 4 with this case?
5 issue. It's my issue. 5 A. I'm just lil{e, you're pulling out all these
6 Q. Okay. Are you lefi:Mhanded or right-handed? 6 Facebook things, and I'm like, oh, God.
7 A. Right-handed. 7 Q. Well, to my knowledge there's nothing in 2010
8 Q. Strong and predominant right-handed? Or some 8 in these Facebooks. But le~and you Exhibit, Exhib t
9 people are kind of ambidextrous. 9 Number 8 and ask you if`` identify that.
10 A. I can do things with my left hand. 10 A. Okay. rF'~
11 Q. But you write with your right hand? 11 Q. All right. Th~bviously a Facebookpost
12 A. Yes. 12 thatyouputupo~9th,2011,6:32viamobile.
13 Q. Throw a baseball or golf right-handed or 13 A. Uh-1t````
14 whatever? 14 Q. Now~t's a 11yes." Right?
15
16
A. Yeah.
Q. Tennis right hand?
15
16
A.
Q.
i!e~
o . ose of us who are not Facebook literate,
17 A. Yeah. 17 that~I eans you posted from your device.
18 Q. Okay. 18 oJ@Right.
19 MR COGDELL: Do you want to go with-- do y u 19 ~· _All nght. May 9th was the first day you got
20 want me to pass her? I may have a couple of follow-up A
~re. R1ght?
21 questions. ~ A. Um --
22 MR. ROSENBERG: Yeah. f"d2 Q. Or second day?
23 MR. COGDELL: Probablynot. =--``d-23 A. No. ldon'tlmow.
24 MRROSENBERG: Okay. Pass? ;?~ 24 Q Okay. 11
EversincelgottoJersey,myhairis
25 MR. COGDELL: Pass the witness. U- 25 strai~ht as a board, There's no big Texas bounce. I may
~222 224
1 RE-EXAMINATION ~ 1 as well trade in my b.lush for bronzer. No offense, Amy. '
2 BY MR. ROSENBERG: ~-0 2 The Amy you're talking to is your roommate. Right?
3 Q. Ms. Fanner, I just have some, exhibits to 3 A. Yes, she's from New Jersey.
4 go over with you. Some of them ~ book generated. 4 Q. Okay. That's Amy Marie?
5 I just want you to identify them ``~ me the sequence 5 A. Yes, but her last name is Horican. But she pu
6 and what they are, and we'l~M-~gh it. So each one 6 AmyMarie.
7 is going to have to be marlze (1 identified. 7 Q. That's her, her post?
8 (Exhibit 7 through l(fh)_r· cd for identification.) 8 A. Yes, uh-huh.
9 THE WITNE§t_~st remembered of a trjp I 9 Q. Her screen name, I guess that is?
10 took. Is that goig``e a difference? Because I 10 A. Uh-buh.
11 said I didn't tak~p, but then I remembered one that 11 Q. Right? Yes?
12 1~
I did take .. 12 A. Yes.
13 Q. _(B``osenberg)Okay. We'llgettoitina 13 Q. Okay. Do you know if this was before or after
14 secon`` 1take care of it. I tell you what, why 14 you had the, the dinner where you met the comedian?
15 daRt`` ddress that now. When was-- 15 A. I think it was after. This post, this original
16 ~h, no, I think it was before I worked for 16 post--
17 Edible Software. It was. Does it matter'? 17 Q. Right.
18 Q. Well, you're thinking about a trip. Tell me 18 A. --was before. My response is after.
19 what -- you volunteered, so Jim going to ask you about 19 Q. Okay. Well, you're checking in also later on,
20 it. 20 on May 9th, 2011, at the Lincoln Tunnel Heliport.
21 A. No, I, I was thinldng about --looking at those 21 A. Right.
22 Facebookpicturcs, I remember-- yon said, "You haven' , 22 Q. Now, you weren't at the heliport. That's just
23 since you've graduated, you haven't ta]{en a trip that 23 where the phone picked up and reconciled with?
24 cost $500?" Yes, I took a trip to Vegas for a 24 A. Right.
25 bachelorette party in August of 2010. 25 Q. You didn't go in a helicopter.
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1 A. No. 1 something that, an inside joke kind of?
2 Q. It's above the tunnel? 2 A. Yes.
3 A. Yes. 3 Q. All right.
4 Q. Okay. 4 A. And the original post that I posted was before
5 A. Can I clarify this post? 5 any of this happened.
6 Q. Sure. 6 Q. The upper sentence.
7 A. Because it sounds rea11y bad. 7 A. Yes.
8 Q. No, go ahead. Clarify it, sure. 8 Q. Because you're-- th~es sense, because the
9 A. So Amy is from New Jersey, and she's like a, 9 next post, you're going ~n~&,~ tunnel.
10 quote-unquote, Jersey girl with like the straight hair, 10 A. This postwa~;P~{;:n~ later, and I didn't mean
11 and she wears a lot ofbronzer on her face, and lil{e gym 11 to-- I think I menti~1 that I was-- that I was kind
12 tan, laundry. I mean, that's just like a social standard 12 offeeling tipsy. ~k I accidentally checked in to
13 right now from like Jersey Shore. 13 Lincoln Tunn``~n't thin}{ I did that on purpose.
14 Q. Okay. 14 Q. Oka~t=f:'sExhibitNumber9. That's May 11.
15 A. I obviously am not like that. 1 don't wear 15 Now,c~dentifythis? Two different posts.
16 bronzer. I don't wear my hair straight. And I don't 16 A. '@.j
uh.
17 lil{e guys that are from New Jersey, So this post is-- 17 ~ y 11, 2009, 9:39,9:37 p.m.
18 when I said, "I don't know about that. I've already met 18 <> ~Uh-lmh.
19 two guys since I've been here who are just your type, 19 ``·
Which day was May 11? That was the second d y
20 I'll send you contact info," I did not mean at aU for ~"@£the trip, or tlre third day?
21 me, or that I had met guys that I was flirting with or ~ A. This was the, that day, the night before we
22 interested in. 2 went home.
0
23 The two guys that I was talking about were, one, tl 3 Q. That was the Connecticut day?
24 Billy, the person at Paris Produce, who we went t ~ A. Right
?5 second day that we were there. And he was vcr i(( 25 Q. Why were you, why wus it the longest day ever?
228
1 spikey hair, he liked to tan a lot, the ver~ 1 What made you so tired?
2 stereotypical of what you see on tel`` of the Jersey 2 A. Because we had gotten up, done, spent, you
3 Shore. Just Amy's type. ~ 3 know, six to eight hours in a room with Davidson,
4 The second person that I me~li.t the other 4 answered questions, ldnd of brain storming, and then ha
5 client's that we went to that h Oite~. clients of Edible 5 to drive back from Connecticut to LaGuardia. I had tha
6 , nd he was sitting 6 conversation with Henri in the car, and also-- do you
7 7 have a boss'!
8 8 Q. I think I have four.
9 And so he and ~l Jboth sitting in this like area 9 A. Okay. I don't know--
10 and I'm taldngJ!IWjtes, and he was kind of, I guess, 10 Q. My wife and-- well, actually seven. My wife
11 hitting on me,~ will, and he gave me his card and 11 and seven kids, but other than that, no.
12 asked for``. But again, not my type, not 12 A. Well, I mean, that's a little bit different,
13 intereste~1se arc just two tltings that I thought 13 But I mean, think back at a time that you had a boss tha
14 were fi and were very New Jersey. 14 was several levels above you. And if you ever had to
15 11 regardless, you, whatever the state of 15 take a car ride with your boss, it's a little stressful,
16 16 You have to think of things to say the whole time, and
17 is just a check-in, but the bronze stuff is, is a post 17 that's straining, and plus all of this other stuffthat
18 you made where, were you, where you were actually in th 18 was going-- it was just a long day. And I was really
19 state of mind to joke and be jovial and have nonnal 19 tired. And I had-- yon know, we bad eaten dinner, and
20 conversation with a fhend of yours? 20 was just getting back in, I guess. I don't know.
21 A. I think that no matter what I have going on in 21 Q. Okay. But you-- you posted Umt you loved New
22 my life, I'm able to joke and be jovial to get through 22 York City, but can't wait to be home again.
23 it. 23 A. Do you think that everybody is completely
24 Q. Okay. But all, all Number 8 is, is you 24 honest on their Facebook posts about what's going on?
25 communicating with your friend on a friendly basis about 25 Q. If you're going to tell me my kids aren't
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
58 (Pages 229 to 232)
229 231
1 honest, we can have a ten-hour deposition going forward 1 A. Wait-- because that's a famous thing to eat in
2 A. Right. So I don't know why I posted this. 2 New Orleans.
3 Q. But you, you wouldn't post anything to 3 Q. Is it?
4 intentionally lie, right? 4 A. And I Jil<.e bananas foster.
5 A. I mean-- 5 Q. Okay.
6 Q. You say, "I love New York City.'' I'm aNew 6 A. I thin]{ that actually tltat Larry had told me
7 Yorker. I can understand that. 7 that we were probably going to go to Mr. B's, like we ha
8 A. Right. 8 talked about that before an~ed about bananas foste
9 Q. That's probably the most truthful statement 9 maybe. ~
10 anyone's ever said. And 11Butcan'twaittobehome 10 Q. Okay. (r~rf!!/J
11 again. 11 There's nothing wrong wifu that. Right? 11 A. I don't rea11y ~mber.
12 A. I just feel like tltis is like trying to allude 12 Q. Actually, th a better one. I'm going to
13 to the fact tlmt I was really having a great time. And 13 show you Exhi 1ber II.
14 thin}{ that sometimes we're a little less, we're a little 14 A. Oh, r
15 maybe more ~-I'm a little bit more positive on my 15 Q. Tl~ etter version of that. Right?
16 updates. So I think that my kind of complaining, I 16 A. ~'I couldn't see what it said.
17 needed to balance it with something positive. 17 ~ilft an-ived at NOLA, and I like it already.
18 Like rather than what if I had said, "Longest day 18 ``rough, but channing. Nonetheless, I'm excited
19 ever. So tired. Can't wait to be home again." Well, 19 ``'tmanas foster tonight at Marriott."
20 and then Trevor sees that, or somebody else in the ~«?fjj A. Uh~huh.
21 company sees that. ~ Q So ail II is "I should have pulled this out
22 Q. So you fnended people when you worked thereJ c;d2 befote, and I apologize" is a cleaned up version of 10.
23 A. Yeah, because I controlled the Edible Softw``q 3 A. Right.
24 Facebook page. J?~ 2 4 Q All right Now, you mentioned to us tl1at you
25 Q. There's Exhibit Number 10. Ma'am. Ma~' 2 5 did the Facebook social media page for Edible Software?
~ 230 232
1 Exhibit Number 10. ~ 1 A. Uh-huh.
2 A. What is this other one? Is !``otl1ing? 2 Q. What was your, what were your duties and
3 Q. Let me sec. ~ 3 responsibilities wifh regard to that?
4 A. The UT article. U 4 A. I would just post on it, post articles, try and
5 Q. Oh, Tdon't know. I'``~f-gding to ask about 5 get otl1er people to "lil10 A. It just increases your search engine
11 Q. Exhibit~ er 10, obviously you're stating 11 optimization for your company.
12 you're~oie and checking into LaGuardia. 12 Q. All right. Here is Exhibit Number 12.
13 A. U . 13 A. And if you have a certain number of "likes,"
14 Q. f1e next one, now I realize there have been 14 tl1en you get to be lil{e an official page on Edible
15 Fa~ sin between all of this, but July 27th, and then 15 Software.
16 there s something blocking it. Obviously you weren't in 16 Q. Okay. So there's a, a business development
17 the Marriott Hotel in Santiago, Chile. That's a Facebook 17 purpose "
18 glitch. 18 A. Right.
19 A. Right 19 Q. "of accumulating "likes"?
20 Q. You're at Marriott in New Orleans, right? And 20 A. Uh-Jtub.
21 you said you enjoyed-- you just arrived obviously in Ne N 21 Q. Which is, which explains "I don't want to
22 Orleans, you're excited for bananas foster night at the 22 answer your question for you "-which explains why you'r
23 Marriott. Did Henri tell you that's what you were going 23 telling your friends --
24 to eat, or what was happening with, why you would put 24 A. Yeah, so --
25 that on tl1e Facebook? 25 Q. --that everybody should "like" tl1eir, your
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
59 (Pages 233 to 236)
233 235
1 Facebook page. 1 A. I'm telling you that like, I was like, man, I
2 A. Right. So in this page, I needed lil\e 50 2 wish I was anywhere but here.
3 maybe, and I only had 43, I think. Some number. Mayb 3 Q. Which is why you say, "I love my new job. 11
4 it was like 48. I can't remember. I needed some number 4 A. Right
5 to be able to be like a real page and to write my own 5 Q. Okay.
6 posts on it. 6 A. It's-- I don't know. I feel like a lot of
7 Q. Okay. Now, you remember when we started these 7 people, when they're down and out, wiJI post sometltin
8 things, I was looking for Exhibit Number 7 and didn't 8 like, "Oh, this is so great. ~ving such a great
9 find it. I just did. I'm going to show you Exhibit 9 time," but maybe not ha(`` great time.
10 Number 7 and identify it-- ask you to identify that. 10 At that time I wa``t~ remain positive. I did
11 A. Okay. 11 lil{e the work that~ ~loing, and I've always
12 Q. This is, you're in, you're into the trip, in 12 maintained that. txu.d like the work that I did at
13 New York. Right? 13 Edible Sof~a!~'-'
14 A. Ub-hub. 14 Didilov~boss? No. Didllovemyjob? Yes, I
15 Q. And you're saying on May lOth, 2011, "I love my 15 did Ji){e Jd~ a lot. And I liked being in control of
16 new job, but not as much as I miss this sweet boy.'' 16 the Fa&Ji~'bfpage, and I liked writing marketing
17 A. Right. 17 ma~;fnd I liked meeting with clients. Did I like
18 Q. Who is the boy? 18 . ~.......__~s? No. And that's probably why I stick around
19 A. That is my little friend, Jacob Dudley, who is 19 ``- We could read into the explanation any way you
20 the son of the person sittlng outside. ``nt. And I, I heard it, and I respect it. But I just
21 Q. Got it, who you're close to. ~ want to talk about what the facts are.
22 A. Vet·y close to. l%2 A. Right.
23 Q. All right. But you say, "I love my new job, 11 ``q3 Q. The night before was the night you found out
24
25
that being Edible Software. Correct?
A. Ult-huh. a ~ 2 4 that your boss had been in your room, with hearing
25 clicking noise, which you allege to be a, a device
~234 236
1 Q. Was this-- where was this, May 1O~n 1 camera~-
2 relation to everything going on? ~ ~ 2 A. Right.
A. I guess it was the day after.~
3
4
5
Q. Okay. The day afier the,
things of that nature? ~
e e pictures and
3
4
5
Q. -- when you had no clothes on.
A. Right.
Q. The next day, you post saying, "I love my new
6 A. I guess so. ~ 6 job, but not as much as I miss this sweet boy."
7 Q. Okay. So you had. 1 that those nude 7 A. Right.
8 pictures were taken o~ e day you posted the "I Jove 8 Q. Okay. Just two more. Exhibit Number 13. Wa
9 my new job"? ~ / 9 there a trip to Miami?
10 A. No. @j} 0
10 A. Y cab, with Trevor.
11
12
Q.We~
A. I d' ow that the pictures were tal{en of
11
12
Q. Okay. So it had nothing to do with, and
>5 nothing untoward happened there.
13 me untilll;i. tltem at the FBI. 13 A. No.
14 ~ y. Fair enough. You had known that your 14 Q. So that's what we1re looking at on the bottom,
15 bo een you without any clothes on, with a blanket 15 the August 8th, 2011 ··
16 wr pp round your anldes at the time you posted tllat. 16 A. Right.
17 A. Yes. 17 Q. -- sweet-~
18 Q. Okay. 18 A. And that would be Trevor's driving.
19 A. I want to expand on that. 19 Q. He1S a bad driver?
20 Q. Go ahead. 20 A. (Nodding head.)
21 A. I think that Facebook is a great outlet. LH{e 21 Q. Okay.
22 I said, I think that I always try and remain positive on 22 A. Yes, on the record.
23 Faccbook. So maybe in posting this-- you can specula 23 Q. So you think~- that's fine, and you are under
24 it any way you want to. 24 oath.
25 Q. Well, you 1re speculating. rm not. 25 A. I know. He is.
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
60 (Pages 237 to 240)
237 239
1 Q. But that's what U1is is about. It has nothing 1 CHANGES AND SIGNATURE OF WITNESS
2 to do, Exhibit 13, that Facebook post has nothing to do 2
3 with Henri or anything like that? 3 WITNESS NAME: ANDREA FARMER
4 A. No. I was just trying to be able to do stuff 4 DATE OF DEPOSITION: .TULY 11,2013
5 on my, on the Facebook page. 5 PAGE/LINE CHANGE REASON FOR CHANGE
6 Q. Okay. 6
7 A. On the Edible Software Facebook page. And the 7
8 on the bad driving, that would be Trevor. 8 "'I\_
9 ~(.(">-
9 Q. Okay. Last one, look at Exhibit 14.
10 A. Right. Okay. This also, I-- see, that's the 10 ~"--~
11 (( ``
11 problem with Facebook. Now I'm never going to write
12 anything on Facebook again. You can read into this for 12 ~
trial like this as much as you want. But I went down a 13 o~U~
13
14 wrong door trying to get to the pool area and locked 14 ``"'
15 0``
15 myself in this liJ'e maid's --like a lot of times at
16 hotels-- well, I'm familiar with hotels. I worked in 16 iF'~."'
17 them for a lot of years. 17
"~
18 They have like bac]{ ways and underground, but you 18 (i»fi'
0
19 have to have a key fob to get in and out of the 19 '~
20 underground areas. And I didn't have a key fob. So I zo:fl~
21 was kind of like lost in an underground maze. I was by ~=
~:3
22 myself. Nothing bad happened to me. <>
23 Trevor was with his family somewhere else, in ~
24 Florida. This is taken out of context maybe. ..;,~ 24
25 Q. Well, my question to you is going to be the (( 5)' 25
~238 240
1 easiest one I've asked you all day. @ 1 I, ANDREA FARMER, have read the foregoing depositi01
2 A. Uh-huh. ~I{J 2 and hereby affiX my signature that same is blle and
3 Q. Nothing in Exhibit 14 has an · to do with 3 com~ct, except as noted above.
4 any complaints you have about --Q 4
5
5
A. No. ~ ANDREA FARMER
6 Q. --Henri Morris or Edi. oilware?
6
7
A.No. ~ 7 THE STATE OF TEXAS
B Q. Okay. I know.,-;~ a day that you would
8 COUNTY OF :
9 rather have not go~mgh. I hope you understand that
9 Before me, , on this
10 Mr. Cogdell an~ a job to do.
10 day personally appeared ANDREA FARMER, known to me r
11 A. I do `` ~and tltat.
11 proved to me under oath or through )
12 Q.`` hat we were doing. I want to thank 12 (description of identity card or other document) to be
13 you on th - rd, because you were extremely comteous
13 the person whose name is subscdbed to the foregoing
14 and ve p:ful to us. 14 instrument and aclmowledged to me that they executed the
15 ~ROSENBERG: I pass the witness. 15 same for the purposes and consideration therein
16 WITNESS: Thank you. 16 expressed.
17 MR. COGDELL: You want anything? I'm donewi 17 Given under my hand and seal of office this _ _
18 her. 18 day of 2013.
19 MR. TODD: No, we'll reserve. 19
20 MR. COGDELL: Okay. 20
21 MR. ROSENBERG: That means we're done. 21
22 THE VIDEOGRAPHER: Time is 3:56. We'reofftl e 22 NOTARY PUBLIC IN AND FOR - - - -
23 record. 23 TI{ESTATEOF
24 (Deposition concluded at 3:56p.m.) 24
25 25
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI - (361) 883-1716
ANDREA FARMER 7/11/2013
61 (Pages 241 to 243)
241 243
1 CAUSE NO. 2012-65503 1 FURTHER CERTIFJCATION UNDER RULE 20
2 2
KERI HILL and IN THE DISTRICT COURT 3 The original deposition was/was not returned to the
3 MICHELLE BARNEIT §
Plaintiffs § 4 deposition officer on ~---;-:;;;c--:--~-;;c--,-----+
§
5 If returned, the attached Changes and Signature page
VS. § 55TH JUDICIAL DISTRICT 6 contains any changes and the reasons therefor; if
5 § 7 returned, the original deposition was delivered to
HENRI MORRIS and SOLID 8 MR. GREGG M. ROSENBERG, Custodial Attomey;
6 SOFTWARE SOLUTIONS, INC., § 9 That$ is the~sition officer's charges
d/b/a EDIBLE SOFTWARE § 10 to the Defendant(s) for pre~'tig the original deposition
7 Defe11dants § HARRIS COUNTY, TEXAS 11 transcript and any copi!Dhibits;
8 12 That the depositio~ elivered in accordance with
REPORTER'S CERTIFICATE/FILING CERTIFICATE
13 Rule 203.3, and thl&ffco y of this certificate was
9 ORAL AND VIDEOTAPED DEPOSITION OF ANDREA FARM R 14 served on all part' , own herein and filed with the
JULY 11,2013 t~
10 15 Clerk. ~Js.``
11
12
I, MOLLY CARTER, Certified Shorthand Reporter in and
for The State of Texas, hereby certifY to the following:
16
17 2013.
Certified ~me this
oif!j -- day of _ _ _ _ _+
13
14
That the witness, ANDREA FARMER, was duly sworn by
the officer and that the transcript ofthe oral i~ Q
15 deposition is a trne record of the testimony given by the
20 0 ~
if!!'
16 witness; MOLLY CARTER, CSR, RPR, CRR
17 That the deposition transcript was submitted on
21 CSRNO. 2613, Expires 12-31-13
18
19
--,----;---c-to the witness or to the attorney for the
22 ;Jjjj U.S. LEGAL SUPPORT
~
witness for examination, signature and return to U.S.
Firm No. 342
20 Legal Support by -c;.,----;-;---;-
21 That the amount of time used by each party at the 802 North Carancahua, Suite 2280
22 deposition is as follows: Corpus Christi, Texas 78401
23 MR.JEFFREYN.TODD: (00:00) 24 Telephone·. (361) 883-1716
24 MR. GREGG M. ROSENBERG: (03:15) Fax: (361) 888-6550
25 MR.DANCOGDELL: (01:26) 25
~242
1 That pursuant to information given to the j~sition
2 officer at the time said testimony was ta e~
3 following includes all parties of recor · ~ .
4 MR. JEFFREY N. TODD, Atto · Plaintif!{s)
5 MR. GREGG M. ROSENBE 1omey for Defendants)
6 ey for Defcndant(s)
7 I fm1her certify that I am n
8 related to, nor employed by 'the parties or
9 attomeys in the action ~fW`` this proceedings was
10 taken, and further that I~ot financially or otherwise
11 interested in the outc~e of the action.
12 Further certifi~'ft~uircments pursuant to Rule
13 203 of TR~P i~ certified to afier they have
14 OCCWTed. ~
15 Certifi y me this 22nd day of July 2013.
16
~ .·
~
17
18 .··.
19
CSR,RPR,CRR
20 CSR NO. 2613, Expires 12-31-13
21 U.S. LEGAL SUPPORT
Firm No. 342
22 802 North Carancabua, Suite 2280
Cotpus Christi, Texas 78401
23 Telephone: (361) 883-1716
Fax: (361) 888-6550
24
25
U.S. LEGAL SUPPORT
RIO GRANDE VALLEY -(800) 881-0670 CORPUS CHRISTI- (361) 883-1716
case 4:12-cr-00255 Oooument 129 Filed in tXSD on 12/03/14 Pag!')1 of16
UNlTED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
UNITED STATES OF AMERICA
v.
§
:
§
CRIMJNALNO.l2·2~
!QJ"
*
HENRI DESOlA MORRIS, § ~
Defendant. J:! o"'-(\J;
" ts;•
PLEAAGREEMENT Q~
The United States of America, by and through Kenn~f~gidsou, United States Attorney
~
foi the So1.tthem Di&trict of Te.xa.J;l, and Shetri £,, Zacl~ ~nz!ll;lne Eh!lilady, Assl;,tant United
States Attorneys, and the defendant, Henri Morris fi;;,~ndant"), and Defendani!s C01lllSel, Dan
Cogdell, pursuant to Itule U(c)(l).{A) of the F~ Rules of Criminal I'rocedme, state that they
have enteredinto an agreement; the terms a~onditions .of which.are as follows:
lle~ant's Agre~ment
~· . . .
l. I)efeudant agrees top~ ~Icy to Count Five of the Snpersedl:ng Indietlllent. Cooot
Five charges D.efendant. with~portation, in violatron ofTitle 18, United States Code, Section
242L Defendant. by ~ti;il.g this plea, agrees that he is waiving any.light tu have the facts that
the law mJJ,kes i l s # the ptlllislnnent either charged in tl1e irulictnient, or proved to ajmy or
proven beyond. ~enable doubt.
`` Punishment Range
2. Tile statntnrvmaxitrJ.w:n penalty fot each violation of Title 18, United States Code,
Section Z4:Zl' is hnpriSolll!lent of not :more than 10 Y<;ilf$ .and a .fine ofnot more than szsa. ooo.oo.
Addltiortally; :Detend!ll:lt 1nay receive ate= of supetlllsed release after iroprisolll!lent of at least ~
years and up!;() Life. 8~e Title 18; United States Cild.e, s¢et\ons 3559{a) and 3583(1<:).. Def¢ndant
case 4:12-cr..00255 Document 129 Filed in TXSD on 12/03/14 Page 2 of 16
acknow1edges and understands that if be shoUld violate the ca1]ditious ofa11y pel:tod of supeJ:Vl:Qed
release which rtmy be i!l'lposed as part ofllis sentence, then Defendant may be impriso11ed for the
entire term of supervised release; without :credit for time alrGac!Y served on the term: of supervised
release prior to such violation. See Title 18, United Stated eode, sections 355~anc! 3583(e)
Otl~of the sentence
and (k:). Oef\;11clant undwstand~ that h~;: cannot have the im:position or exeCJ''"
suspended, ru:rris he eligible for parole. o /f!JF
.. ``-
3. The defendant understands that under the Scg~ender Registration and
Notification Act, thedefenc!ant must register and keep
. .
suchinf~on current il1 the jurisdictions
0~
v,d\ere the· defendant resides,. is employed, and js a 'Stud~"he defendant further U11derstands
thlrt the reqUirement tu k.1:ep the rej?;isttatioll C1ltreut inMs informing suchjl.!risdictions.not later
• • 0 f@
than three (3) bush1ess days after any cheuge ``~ef\;udl\nt's rmm:e, residence, employment ut
student s!aius, 'The defendant understands ``ilure to COlDJllY with thes!l obligations subjects
©!
the defendant to. pr.osecutloil. for failure t~gister under fec!era! law, specif!cally, Title 18, United
...... t~
Stste~;. Code, Sootio!l. 2250, as we~plicablll state statutes.
4.
dt.'·-·-~--··
PursuantJ"~!li:<
~@'' . )8, United
. States
. . Code;
. section 30i3(a)(2){A),. iluutediately after
sentencing, De~ will pay to the Clerk nf' the, United States District Comi. a special
g
assessJ!leu~4W! amonutof oneJtwdred dollars ($1 00,00). per count of convictiO>I. The payment
will be by cashier's check or money ord~, payable to the Clerk of the UniM Sta;t~s District Court,
cflil Distth;,t Clerk's Office, P.0. Box '61 010, Houston, Teli..as 77208, Attention: Finance.
2
Case 4:12-cr-00255 Document 129 Flied in TXSD on 12/03/14 Pqge ,1 t:lf 16
lmmigration Conse~uences
5, Defendant recognizes that pleading g;Ulty mll)l have co:n,sequepces with respect to his
inuuigration status. if he is not a citizen ofthe Urtifed States. Defendant understands t11at if he i$
not a citizen of the United States, by pleading g;Ulty he/she may be remove4 ~ tbe United
States, den~ed citizenship, and denied adnlission to the tJnlted Stl\tes in tb~. Defendant's
attorney has advised Defendant of the potential 1mmigr(l.tion con"e,~·'C\::S tesulting frmn
.. . .. ~ .
DefendMt's plea of guilty. o 1!!}
.
Waiver.of Appeal and Collateral
0@!
R.e``
. .· ``ode, sectior.t 12111, and Title 18,
.
6. Defendan-t is aware th\it Tille 28, United S!a'lll~·
Umted States Code, section 3742, afford a defend~e .right tq appe\il the conviction and
. . 0@@
sentence imposed. D,efundant is also aware that~· United States Code, secdon2255, allb:rds
the right to em1test or "collaterally attac~onviction or sentence after the judgment of
~
conviction and BeJJtellCe has bee.ome :ffnru@efendMt knowingly and vol!l11tarilywa1vesthetight
to appeal or "collaterally attack" ~vietion Md sentence, ex~t that DefendMt does ~ot
Waive the dght to raise a cliiinui:f ineffective assistance of.counsel on dlrect appeiil, if otherwise
·nJ~ .
peJ:J:n.ltted, or on co!latet`` in a motion Md~r Title 28, United States Code, sec,tlon 2255.
In the eve!'lt Defend¥~ a notice of appeal following the imposillon ofthe seniellOe or later
ooilatet!lllY atta~q:,Ollvictil:)n or sentence; the United" States vvil! asse1t its ri(lhts under this
" ~ . '
agreement ~ek specific performance ofthese waivers.
7; In agreeing to these waivers, Defendant is aware that a sentenc~ has not Yt:t been
detetlnined by thl! Court. Defendant. is also aware that any esthnate of the possible sentencing
range !l11der the sentenclng guidelines that he may have received fru1n hl$ co1msel, ilie United
3
case4:12-CF·OQ255 Document.12.Q Hied In TXSD on :);2103/14 Page 4 of .16
Stat~s or the Probation Office, is a prediction ru1d not a promise, didnnt induce hls guilty plea, and
is not binding on the United Sta,tes, the Prehatton Office Dr the Court. 'The United States does not
make any J?rmnise or representation cohcerning what sentel'lee the defendant will receive,
Defe11dant further understands and agree11 that the Ullifed States SentMcin~delines are
"effec:t1vely advisory'; to the Courl See United State$ v: Boaker, 5d-S. 220 {2005).
AccordinglY, D~endant u:nderstands Umt, although the CCJurt mu§thsult the Sentencing
. ~'
Guidelines and must tllke them into account whM sentencing Dl:lfen~ the Court is not bound to
.
fqllow the Sentencing Gnidelinesnor sentm1ce
.
DefendantWitl'fil;t~ calculated guideline range.
0·~
8, .Del:l:ndant understand~ and !\grees that ea~;~1d all waivers contained in the
(!jj
Agreement are nJAde in e)l:ehange for the eoncessionf!CJ;iort 3553(a). Defendnnt nonetheless
<[({jj . . . . .
ack:no. wledges ``.·si:hat.·theCoWt bas attthodty to. in\pose any s~uce up to.au
0
.. ·d... including.
th.e statutory ~um set for the offense(s) t~ which Defendnnt pleads guilty, and that the
semtence t`` inlpo~ed is within the sole (j.isc~tiov t4f the sentencing jnd!eaftet the Court has
consulted the applicable Sentencing Guidelines. Defendnnt Ul'lderstnnds nnd agrees that. the
parties: positi!lnS regwding the appllentron ofthe S~:ntencing Guidelines do n0t bind the Court and
that the sentence imposed is within the discretion of the seutenci11gjudge. lf the Court should
5
Case 4:12•cr,Q0265 Document 129 Flied 1n TXSD an12/Q:3/14 Page£ of Hl
impose any se!)cl!;lnce up tQ the maxhnum established: by stature~ or should the Court order any or all
oftbe sentences imposed to nm consecutively, Defendant cannot, forthat reason alone, withdraw a
guilty plea, artd wi11 remain bnlllid to fulfill all of the obligations uoder this plea agreement.
Rights 11.t Trial ~
13. D&fendant vnderstiltlds that by enterlng lntn this agreement, ~ders certain
tncludethetbUowtng:
(a) lfDe(eudant persisted ln a plea ofnot gullty~e
o,
rigl).ts as provided jtJ, this plea agreement. Defendant underst.amis thil& '~ights of a defendiltlt
~·
charges, defendant
w.onld have thedgh.tto. a speedyjury trial with the.· ass~ce of counsel. The tda.. 1
may he con\lucted by a judge sitting without ajuty ~fendant, the United States.
and the court, all aj;tee, ,rhich contained
0"' . . .
T:adalaflt This~hysician's $ll11lple qfilie drug coruroercially known as Cialf&, another
erectile dy~on drug.
In art unmarked prelictiption bottle, located In MORRIS' belonging,; put not contained In
the coroJ;Xlitroentailzedpill. box he also po~sessed, were 5 pills. These pills were analyzed by the
Di:ug Enforcemci1t Administration. Two ofthe pills wete derermined tQ be Zoipidem which is
7
Case 4;12.-cr-002.55 Document 129 Flied in TXSc\ qn l2/03/14 Page 8 of 16
commercii1lly known as An1bien. One of the pills Wit'~ determined to be Oz1!Zepam, a
benzodiazepine. 1:lw rernaioing two piUs were determined to be diphenhydramine; this drug is
comtnercially known as BenadryL l?BL S\lpervlsory Forensic Chemist/Forensic Toxi.cologist
Mate Lebeau, an ('>xpert in drug facilitated sexual assault, reviewed the facts of ~e and the
to>._'icology res\llts and deterrriined the symptoms describefForensiC Toltico1ogists compiled a Jist of drug!>, in
t:J;%5
IV~
·addition to ethanol, as known to hQ ~
.
associated witbDPSA. The drugs . ..
found on MORIUS
at fAH ate on Jbat list ·~ .
A,F; was employ~ble SoftwatefroiJ1 May 2lllllbrotlgh August 2:01 1.
Approzlmately one ``ter heginnil1g lrir~Jd andpursU~ '
was very familiar with,. operating and navigating througlli~n a .Blackberry phone but was so
disoriented and groggy s~ was 1mab)e to prqpetl;< in~ihe phone,
The following morning A.F: observed ``1.wks on each ofber hips. AF. described
the scratches as being :from the :front to the b~qorizontal, as viewed in a standing position].
g
A.F. further recalled having some bJ:ui``n the back of her upper left arm.
After meeting with clients ~ark, MORRJS and AF'. drove to n1eet with a client in
Col.!!leoticut. At the qon:olusio~fthe meeting, MORRIS and A.F. dtoveto the Marriott hotel a!
·15)§ .
LaGnardiaAirPort. Wb~n:g to LaGuardiaM01UUS told A.F. that he did nritwant her to
feel awkward all.oitt``ad occurred in the hotel room in Newark, that he di~ not want her to feel
li.la) she should 1~r anOther job, that he wanted lwr to be part of (hey company for a long tinm,
g
m~d that sh~one a greatjob working wilh the client in Conneeticul MORRIS told A.F.
that lie wanted A.P. to fuel comfortable ta travel with him agafu. MOR.R.IS told A.F. that be had
never "do-ne anything.1ike this before:» MORRlS tald A.F. thm heWdl! ''lo!lely'' lind that .
10
Case 4:12-cr-{1025!5 Document 129 Fned in TXSD on 12/03/14 Page 11.pf 16
After the search warrant was e1tecuted In )?ebruaey of 2012, th\lnib drives found in the
Dc;fendanf's helongin1;1s \Vere searche.d.. This search revealed photograJlhS of A$. . taken in New
Jersi!y.. The photQgraphs taken in New Jersey dep(ct A. F. on a bed. Then'} at~ body nude
images with her face completely covered by a pillow. There are images o.f A~eastsas we[[ as
cloll!! up images of her vagina. Based on A.F. id~fying the im~es +;parisG:ns on distinct
T~hotographsare date llud
.markings .o:nA.F. it wasllroven that the images are in fact o.f A.F.
tim.e stamped corresponding to the New 1\lrsey incident c!lar:e~
qe snperseding indictm~nt.
Records show that MORRIS and/or his company, ~e Software purchased or ~eemed
miles to pay for the tra'\!elin interstate conllllerce lnc!uWairfate and rental cat fees,lt is clear
0~
based on .the information provided by the victitn;~atks found on A..F. , the drugafound duriu~
the. searc;h, the photos formd during the searc~\Jthe bebavio:f ofMORRIS, that MORRlS
©!
transported A. F.ln interstate c01nmerce ,~ the intent to enga)5!l wlth him in a sexuaL activity for ·
which he could be charg~d with a``.offense, specifically he took photographs of her
expoll!!d intimate parts witho.u~onsent for which he did no\ have a license!privi.Iege to do so in
violation ol'New Jersey 1~©
~
)tft~
~ Breaclt of Plea Agreement ·
Q . .
15. ~fendant should fail in llt!y way to fulfill completely all of.the obligations under
this plea ?greement, the United Snttes will be released from 1t.s obligations :under the plea
.agreement, and Defendant's plea an.d sentence will stand. !f at any time Defendant retains,
conceals, or disposes of assets in 'l!io)atiOil of this plea ll!)t®ntent, o1· 1f IXefendant knoWingly
11
c~se 4:12-cr-00255 Document 129 Filed 1n TXSD on 12/03114 Page 12 of 16
withllolds eVidence or is otherwise not GOrnpletely rruthful with the United .Stiii(\s, then thdJnited
States 1nay move the Court to set aside fl:re guilty plea and reinstate proseeution. Alw infonnation
a.ttd doeum,mts that have been disclQ!>ed by Defendant, whether prior to or subsequent to this plea
s,greement,and ell leads derived therefrom, will be used agai!lst defendant in an~eeution.
Rutltution, Forfeiture, and Fines ~Generally a@ .
16. This Plea Agreerne!lt is being entered Into by the Urti~tes on the basis of
~.
Defendant's ellptess representation !bat he will make a full end ~·e disclosure of all assets
over which lie exerciseS direct o.- indirect Pllltrdl, or in wl``e
has any financial interest.
. o@
Deflmdant agrees ndt to dispose of arQ' assets Cit take llll~Oll tllat would e:f:fuct a lrausfer of
property· in whteh he bas en interest, unless Defendan~alns the prior writtenpennisskm of the
``
UtJ.lted States. ,~
17. Defendant agrees to make co~ .financial disclosure by ti:uthfully executing a
g
swom financial statement (Fonn OBD-~ or similar fonn) within 14 dayS of signing this plea
. dJ
agreement. Defi;.ndant!tgrees to ``e the release of ali financial informationtequested by the
Uaited States, includii):g, qut n~tJ.lted to, exeeuting authorization .furms petrn!!ting the United
Stutes to tlbtain tax inf~n, ·bank ii.coowit records, credit histcril;ls, snd social security
tnfor;matioJJ:. Defen~·ees to discuss.and sn~wer eny questioJJS by the United States relating
to Defendant'$ * e financial discloSl!Ie.
Qi·
ill. ``dent agrees to take all steps necessary to pass deill' title to forfeitable assets to
the United States end to as&ist full)' .in the coUeetinu ofrestlmtiou and fhtes, including, but not
limited to, snrrendering title, executing a wan:enty deed, signing .a. consent decree,. stipulating to
fii,cts .regardiJ1g the transfer oftitle and the biil$is tor the forfuiture, and sigttlng1llly<5thetdocuments
12
Ca.se4:12·cr-00255 Document 129 Filed ln TX.St:J on t2/03114 Page ~3 of l6
necessary to effectuate such tr:msfer. Pefeudant alSo agree& to direct any hanks which have
custody of his assets to de!lver all funds :md records of such assets to the United States.
19. Defend:mt undetst:mds thai fDrfeiture,restitutiou,. :md fines .are separate components
.ofsenteucing llr)d lire separate obligations. ~
. R0$1itution a@
;w. Defendant·agrees tQ pay full restitution to the victim(s) te~ ofthe eount{s) of
couvktioll., Defeud:mt understands and agrees that the Court. w_~etermine the Mloilnt of
Def~udllr)t agr``t
restitution to. fully cqmpensate the victiro(s).
payment Subje.ct to, the pt()Vi$ltmlt above,
•
·, , o@
restitution in1posed by the
Court will be due and payable immediately and that Defen, .``will not .attempt to avoid or delay
befen~ai'\res the right to
¢~
challenge In any
manner, including by direct appeal or in a coll~t~beeeilii~g, the restitution order imposed by
the Court, ~a
g
0/~ Fine$
e, !£»'&
21. Pefend:mt Ul)(ierstan~nderthe Sentencing Guidelines the Court:l$ pem.lltted to
order Defendant to pay a fine tl$ is .sufficient to relmhw:se the govel11t)jeot for the costs of llr)Y
. ~.
impris()mnent or term. of #sed ;release, if 2014.
By:
14
Case 4:1iN::r•D0255 Document :!.:?:9 Filed in TXSD on :!.2/03/14 Page 15 of16
'IJli!ITED STATES DISTRICT COURT
SOUTIIERN DlSTRICT OF Tll;XAS
H.OUSTONDIVISION
*
iff
UNITED STATES OF AMERICA §
§
a
lJF
v. §- CRIMINALN~55SS
H.E:NRIDESOLA MORRIS,
J)efendant,
:
§ ~
``
oifP
rr;
!(J
~
PLE:AAG~-AJlDENDUM
Defendant~er rights with respect to the pending indictment. I
lhave fully explained tv
have reviewed the provisions of the``~ States SentencingCom:m!ssiotl's Guidelines Manual
and Policy Statements and f hav~ly and carefully explained to Defendant the provisions of
those Guidelines Which t1111b~ in. this cas<.l> I have alsQ explained to Defendant that the
Sentencing GuideHnes~nly advisory and the eoort may sentence Defendant LIP to the
11lm;imum. allowed ~Me _per count ofeonvict.ion. Further, I have carefully reviewed every
p\lrt of this piea ``<:mt With Defendant To my knowledge, Defendant's decision to enter into
-`` .
this agree~s an 1nfll\med and vo lunfllry one.
15
Casl'l 4:12-ct-00255 Document 129 Filed in TXSD on 12/03/14 Page 16 oJ 16
;iv~
(J
r have consulted with my attomey and fully nnderstand all mx~"
.
~s with respect to the
indictment pending against me, My attomey has ful)y explafu<;:d,~understand, all my rights
with respect to the provisious of the United States Seniencing~missiun's Guidelines Manual
o@
which may apply in my case, I have read;md carefully rerd every partofthisplea agreement
d this agre¢inent and I Qtarily agree to its terms.
¢~
g
~
(Y¥ur eJ
@!
~
~
0gd»
~
"'i!!fj
(fJ
``
#
:;
16
l
ji
'
II
Jan. 5. 2015 !1:24AM No.0419 P. 2/4
No. 2013-74668
ANDREA FARMER § IN THE DISTRICT COURT OF
§
v § HARRIS COUNTY, TEXAS
§
HENRI MORRIS and §
SOLID SOFTWARE SOLUTIONS, INC. §
d/b/a EDIBLE SOFTWARE § 2151" JUDI~ DISTRICT
PLAINTIFF'S OBJECTIONS, ANSWERS ~
u~(!Jjj
TO DEFENDANTS' REQUESTS FOR ADMI~S
TO: Defendants, Henri Morris and Solid Software Solutio&J``c. d/b/a Edible Software,
by and through their attorney of record, Gregg M. R~'nberg, 3555 Timmons Lane,
Suite 610, Houston, Texas 77027 o~
COMES NOW, Plaintiff ANDREA FARMER in``ve styled and numbered cause of
action, by and through her attorney of record and stat~a! pursuant to the Texas Rules of Civil
Answers to Request Admissions are filed in this ca~
~ctfully submitted,
~E LA IRM OF ALTON C. TODD
@;
~QJ ~·
U By: ""'=---1--1++------
~
odd
Slate a . · 0092000
(»©5 312 S. Friendswood Drive
Friendswood, Texas 77546
~
0~ (281) 992-8633
~y (281) 648-8633 Facsimile No.
ATTORNEYS FOR PLAINTIFF
§:::©5
~
Jan. 5. 2015 11:24AM No. 0419 P. 3/4
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was forwarded to the
counsel listed below, via the method(s) indicated, on this the 51" day of January, 2015:
Gregg M. Rosenberg
3555 Timmons Lane, Suite 610
Houston, Texas 77027
Via Facsimile 713.621.6670
Efile or CM/ R
2
Jan. 5. 2015 11:24AM No. 0419 P. 4/4
ANSWERS TO REQUEST FOR ADMISSlONS
REOUESTFORADMISSIONNO.l:
That any reference to "AF" in Count 5 on the Superseding Indictment relating to United States of
America v. Henri be Sola Morris, In the United States Disuict Cou1t forthe Southtljjl_District of
Texas, Houston Division, Criminal Action H-12-255SS, attached as Exhibit "A't,~reference to
the Plaintiff, Andrea Farmer. a{/g)
RESPONSE:
{!;:rt;j~
ADMIT o~
REOUESTFORADMISSlONN0.2: ;;?
o/!J
That any reference to "AF" in Pleas Agreement relating to`` States of America v. Henri De
Sola Morris, In the United States District Court for the@ fJi·n District of Texas, Houston
Division, Criminal Action H-l2-255SS, attached as ``bii "B", is a reference to the Plaintiff,
Andrea Farmer. ~
Rli'.SFONSE:
(f
A))MIT
~
@'»
REQUEST FOR ADMISSION NO~U
That evety statement made by Pla~'iff Andrea Famler to Special Agent Glenn Gregory of the
Federal Bureau ofinvestigatio@ 'flebruary 2, 2012 was tme and correct to the best of her
knowledge. (j) .
~
RESPONSE: o~
u
CANNOT ADMI DENY
~
~
3
TABF
11161201511:32:02 AM
Chris Daniel - District Clerk
Harris County
Envelope No: 3796052
By:SPENCER,JEANETTA
CAUSE NO. 2013-74668 fmfsftl
ANDREA FARMER § IN THE DISTRICT COURT OF I
Plaintiff, §
§
v. § ~SCOUNTY,TEXAS
§
HENRI MORRIS and SOLID SOFTWARE §
SOLUTIONS, INC. d/b/a EDIBLE
SOFTWARE
Defendant.
§
§
. .~
*
215m JUDI~ulSTRICT
~
ORDER c
~
§@
A~
On this Zi1J.day of r;t"j , 2015, the Court hear``ndants' Motion to Dismiss or
oe©
alternatively, Traditional Motion for Summary Judgi,~ After considering Defendants'
l!>.,«?ij}
Motion, and Plaintiffs response thereto, if any, thrs~ourt is of the opinion that Defendants'
;~ PEJill~J:). 0~
motion l!as ffierit mid should in 11H tllings~TED. It is tlttlf6furg, ORrnlRED,
AIJJUDGED, and DECRBED that: ~U
DefemlaHts' m9tiga is GRAN~q is futtlrer
-fiRDERJ;~O, AI>JUDGED~IlCREBD tl1at Plail!tiff, ta!Ee aetlling by way of h<.'t'-
()i
elaim against Q~fepdants It ~'iffhgt:. .
ORDERED, ~D, aBEl DECRillW tl!at all eosts ineuned by Defendants by- ,
TeaSeH ef tlig lawsuit waia e~)' Plaintiff. ,
c~'Q
~«:;
~NED on this 2'7 711- day of Fe.ti!ZMA a,Y , 2015.
~
p~
1
-----------------,
RECORDER'S MEMORANDUM
Thm instrument Is of poor quality
at the lime of imagmg