Sarah jones deposition


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Sarah jones deposition

  1. 1. Page 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY NORTHERN DIVISION AT COVINGTON JANE DOE, : :CASE NO. 2:09-cv-00219 Plaintiff, : : vs. : : DIRTY WORLD ENTERTAINMENT : RECORDINGS, LLC, dba THE : DIRT.COM, HOOMAN KARAMIAN, : aka NIK RICHIE aka CORBIN : GRIMES, DIRTY WORLD, LLC : dba THEDIRTY.COM, and : DIRTY WORLD ENTERTAINMENT, : LLC dba THEDIRTY.COM : Defendants. Deposition of SARAH ELIZABETH JONES, the plaintiff herein, taken by the defendants as upon cross-examination, pursuant to the Federal Rules of Civil Procedure and pursuant to Notice To Take Deposition and agreement by counsel as to the time and place and stipulations hereinafter set forth, at the offices of Eric C. Deters & Associates, 5247 Madison Pike, Independence, Kentucky, at 11:00 a.m. on Friday, April 15, 2011, before Connie G. Oelker, a Professional Court Reporter and Notary Public within and for the Commonwealth of Kentucky. LAMPKE COURT REPORTING, INC. (859) 261-5544
  2. 2. Page 2 1 APPEARANCES: 2 On behalf of the Plaintiff: 3 CHARLES T. LESTER, JR., ESQ. of 4 Law Offices of Eric C. Deters & Associates 5247 Madison Pike 5 Independence, KY 41051 6 On behalf of the Defendants: 7 ALEXIS B. MATTINGLY, ESQ. of 8 Huddleston Bolen, LLP 611 Third Avenue 9 P.O. Box 2185 Huntington, WV 25722-2185 10 ALSO PRESENT: 11 Jack Wise 12 13 14 15 16 17 18 19 20 21 22 23 24 LAMPKE COURT REPORTING, INC. (859) 261-5544
  3. 3. Page 3 1 S T I P U L A T I O N S 2 It is stipulated by counsel for the respective 3 parties that the deposition of SARAH ELIZABETH 4 JONES, the plaintiff herein, may be taken at this 5 time and place as upon cross-examination and 6 pursuant to the federal Rules of Civil Procedure and 7 Notice To Take Deposition, all other legal 8 formalities being waived by agreement; that the 9 deposition may be taken in stenotype by the Notary 10 Public-Court Reporter and transcribed by her out of 11 the presence of the witness; and that submission of 12 the transcribed deposition to the witness was 13 requested. 14 15 16 17 18 19 20 21 22 23 24 LAMPKE COURT REPORTING, INC. (859) 261-5544
  4. 4. Page 4 1 I N D E X 2 BY MS. MATTINGLY PAGE 3 Cross 5 4 E X H I B I T S 5 Defendants' Exhibit A 19 6 Defendants' Exhibit B 19 7 Defendants' Exhibit C 19 8 Defendants' Exhibit D 25 9 Defendants' Exhibit E 54 10 Defendants' Exhibit F 70 11 Defendants' Exhibit G 83 12 Defendants' Exhibit H 106 13 Defendants' Exhibit I 149 14 15 16 17 18 19 20 21 22 23 24 LAMPKE COURT REPORTING, INC. (859) 261-5544
  5. 5. Page 5 1 SARAH ELIZABETH JONES, 2 of lawful age, the plaintiff herein, being first 3 duly sworn, as hereinafter certified, was examined 4 and deposed as follows: 5 CROSS-EXAMINATION 6 BY MS. MATTINGLY: 7 Q Would you please state your name for the 8 record? 9 A Sarah Elizabeth Jones. 10 Q And what is your date of birth? 11 A 4/8/85. 12 Q Ms. Jones, I introduced myself a few 13 minutes ago. My name is Alexis Mattingly, here on 14 behalf of Dirty World, LLC. I'm here to take your 15 deposition today. Have you ever been deposed before 16 today? 17 A No. 18 Q Okay. There are a few simple guidelines 19 that I have that I've found make things goes easier. 20 As we explained, she's taking down everything that 21 we say, so we need to make sure we don't talk over 22 each other. A lot of times, with some of the 23 questions, you may know where I'm headed with them, 24 and so, you know, to try to speed things up, to kind LAMPKE COURT REPORTING, INC. (859) 261-5544
  6. 6. Page 6 1 of step in and answer, but that gets really 2 confusing for her, so that's difficult. Also, make 3 sure that all of your answers are oral. We have a 4 tendency to shake our heads or say um-hmm, huh-uh, 5 that's hard for her to get down, too. 6 A Okay. 7 Q If at any time you need a break, that's 8 fine, if you need to talk to your lawyer, go to the 9 restroom, get a drink, anything like that. It's not 10 a marathon; I'm not trying to wear you down so 11 breaks are fine. The only thing that I would say 12 is, if I've asked a question to you, go ahead and 13 answer it before you request a break. 14 A Okay. 15 Q Does that make sense? 16 A Um-hmm. 17 Q What is your current address? 18 A 1884 Mimosa, M-I-M-O-S-A, Trail, Florence, 19 Kentucky. 20 Q How long have you resided there? 21 A Currently a year. 22 Q Does anyone live there with you? 23 A Yes, my fiance. 24 Q Okay. And what is his name? LAMPKE COURT REPORTING, INC. (859) 261-5544
  7. 7. Page 7 1 A Nathan Wilburn, W-I-L-B-U-R-N. 2 Q Prior to residing there, where did you 3 live? 4 A At home with my parents at 12981 Wyne 5 Wood, W-Y-N-E, W-O-O-D, Trail, Independence, 6 Kentucky, 41051. 7 Q And how long did you live there? 8 A Since freshman year, about ten years. 9 Q Tell me a little bit about your education. 10 Where did you graduate from high school? 11 A I went to Simon Kenton. It's right up the 12 road. 13 Q Okay. 14 A Graduated in 2003. 15 Q And what did you do after that? 16 A I went to Northern Kentucky University, 17 and right off the bat knew I wanted to teach, and I 18 got my major in middle grade education with a double 19 emphasis in mathematics and English. 20 Q What year did you graduate from NKU? 21 A 2008. 22 Q Any other education past graduating from 23 NKU? 24 A No, I'm currently signed up to get my LAMPKE COURT REPORTING, INC. (859) 261-5544
  8. 8. Page 8 1 master's in administration at University of 2 Cumberland, but that's for the summer so I haven't 3 currently had any further education. 4 Q Okay. Will that be like an online thing 5 or will you go there in -- 6 A Online. 7 Q Do you have an anticipated time of when 8 you'll graduate? 9 A I plan on getting it done fairly quickly 10 so I would say in 2014. 11 Q Okay. Is that something that's required 12 for your current position as a teacher? 13 A Not my master's in administration, but my 14 master's. So you have to have half of your master's 15 completed within five years and all of it completed 16 within 10. But I have chosen to take it -- you can 17 get it in anything, but I chose administration. 18 Q All right. I want to talk about your work 19 history. What was your first employment? 20 A AmeriStop Food Mart. My dad owned the 21 store, so I was a cashier there. 22 Q When was that? 23 A 2000. 24 Q So that was in high school? LAMPKE COURT REPORTING, INC. (859) 261-5544
  9. 9. Page 9 1 A It was in high school. 2 Q How long did you work there? 3 A I would say my whole life because he owned 4 it for 28 years, but probably four years, through 5 high school. 6 Q What about after that, did you work while 7 you were in college at all? 8 A Um-hmm, I was a nanny for a family who -- 9 she teaches in Kenton County as well and I nannied 10 their four children. 11 Q And what is her name? 12 A Susan Noyes. 13 Q Did she teach at your school or another 14 school? 15 A No, she taught at another school. My mom 16 was familiar with her. 17 Q Where was that? 18 A She taught at Summit View Middle School. 19 Q Summit View? 20 A Summit View. Um-hmm. 21 Q And did you do that all through college 22 or -- 23 A All four years. And I also teach dance. 24 During high school and college I taught dance at LAMPKE COURT REPORTING, INC. (859) 261-5544
  10. 10. Page 10 1 Mary Riesenberg's Studio of Dance, 2 R-I-E-S-E-N-B-E-R-G. I still currently teach there 3 as well. 4 Q Where is that? 5 A It's in Edgewood, Kentucky. 6 Q How often do you teach there? 7 A On Monday nights. I teach a 8 three-year-old tap and ballet class, a fourth grade 9 hip-hop class and a high school hip-hop class. 10 Q Okay. What other employment? 11 A I was pool manager for Cincinnati Pool 12 Management from 2003 to 2006. 13 Q Is that an indoor or outdoor -- 14 A Outdoor facility. 15 Q So that would only be during the summer? 16 A Um-hmm. 17 Q Is that in Cincinnati? 18 A No, it was the Florence Aquatic Center in 19 Florence, but Cincinnati Pool Management ran the 20 Kentucky pools. 21 Q All right. What about after that? 22 A I got my teaching job in April of 2008. I 23 applied for a freshman English position at Dixie 24 Heights High School. I was also offered a job at LAMPKE COURT REPORTING, INC. (859) 261-5544
  11. 11. Page 11 1 Simon Kenton, but I took the Dixie Heights job 2 because no one knew me there and my sister was still 3 attending Simon Kenton, and I wanted to start fresh 4 as a teacher and not as a student. 5 Q Okay. And I assume that you began in the 6 fall of 2008; is that correct? 7 A Yes, August of 2008. 8 Q Are you still employed there? 9 A Um-hmm. It's my third year of teaching 10 there. And this past year I just was named 11 Department Head of the Freshman Academy. 12 Q What is the Freshman Academy? I saw that 13 on something else you had submitted. 14 A It's basically what Dixie does in order to 15 make the freshmen feel more comfortable in the high 16 school setting. It's kind of a transition from 17 middle school to high school as a team. So it's the 18 entire freshman team of teachers and we kind of baby 19 the freshmen and keep them in one area of the high 20 school. 21 Q What are your responsibilities as the 22 department head of that? 23 A I run all the new curriculum coming in. I 24 make up the curriculum map for the English LAMPKE COURT REPORTING, INC. (859) 261-5544
  12. 12. Page 12 1 Department, basically keep everybody online and I 2 run the meetings during faculty meetings. 3 Q How often do you have meetings? 4 A Twice a month. 5 Q Do you get additional compensation for 6 that? 7 A Yes, but it's very minimal. 8 Q What is your compensation as your teaching 9 position? 10 A Yearly? 11 Q Yes. 12 A $38,000, I believe. 13 Q And the Freshman Academy Department Head 14 is additional to that or is that -- 15 A Like $200. 16 Q Do you currently have any other sources of 17 income? 18 A I cheer for the Cincinnati Bengals. 19 Q Okay. And how long have you been cheering 20 for the Bengals? 21 A This will be my sixth season with the 22 Bengals, so five years. 23 Q Did you start while you were in college? 24 A Um-hmm. I was 20 years old when I tried LAMPKE COURT REPORTING, INC. (859) 261-5544
  13. 13. Page 13 1 out. 2 Q What year were you in college? 3 A When I tried out? 4 Q Yes. 5 A 2005. 6 Q And what compensation do you receive for 7 that? 8 A $75 a game. 9 Q Do you get anything additional for extra 10 appearances or anything like that? 11 A Yeah, but they're very rare as far as pay 12 goes, a lot of it's just community or charity work. 13 Q Do you have like an employment contract 14 with the Bengals or how does that work? 15 A It's a yearly contract that you sign. 16 Currently I'm the head captain of the Bengals. 17 Q How long have you had that position? 18 A This year. I was co-captain last year and 19 I just was named head captain right after I got back 20 from Iraq last month. 21 Q So will that be for the 2011-12 season? 22 A Um-hmm. 23 Q You were the co-captain for what years? 24 Was it last year? LAMPKE COURT REPORTING, INC. (859) 261-5544
  14. 14. Page 14 1 A Um-hmm. 2 Q Who is your contract with? 3 A We are really our own entity as far as the 4 Cincinnati Bengals cheerleaders go. So we have a 5 director and her name is Charlotte Jacobs, and she 6 kind of runs -- she's the director. She runs the 7 program on her own, separate from the Bengals. 8 Q Are you a subsidiary of like a larger 9 company, like a larger Bengals company or is it just 10 its own -- 11 A It's part of the Bengals company, but they 12 don't really -- they don't have a lot to do with us. 13 We kind of are run directly by Charlotte. 14 Q So do you know who your paycheck comes 15 from, like what it says on it? 16 A The Bengals, it's written from the 17 Bengals. 18 Q Are you required to do a number of 19 appearances? 20 A Um-hmm. You're required to do 10, but 21 that is a minimum and we do probably 10 every month. 22 Q So is that for a season, the 10? 23 A Um-hmm. Yeah, you get a number of girls 24 that will sign up for them and some that don't sign LAMPKE COURT REPORTING, INC. (859) 261-5544
  15. 15. Page 15 1 up for as much, so they give out minimums, but you 2 obviously exceed that throughout the year. 3 Q You said that you typically do 10 per 4 month. Is that just during the season or is that 5 during the whole year? 6 A It's during the whole year. 7 Q What types of appearances do you do? 8 A They range from -- a lot of them are 9 charity work, Kicks For Kids, Celebrity Benihana, 10 things like that. Any type of appearance that -- 11 they just have to call and request us to come and 12 they send about four girls out. A lot of them will 13 be for schools or fire departments, just to kind of 14 get the community involved. 15 Q Okay. And when you're there you're 16 representing the Bengals organization; is that 17 correct? 18 A Um-hmm. So I would be in some type of 19 Bengals attire. 20 Q And I think you mentioned this, Celebrity 21 Benihana, who attends those, is that players and 22 cheerleaders or just cheerleaders or -- 23 A It's very rare that we do events together. 24 We don't really come in contact with many of the LAMPKE COURT REPORTING, INC. (859) 261-5544
  16. 16. Page 16 1 players, but in a case like a Celebrity Benihana 2 they would be there as well. 3 Q Okay. 4 A But a lot of the charity events, unless 5 it's their own charity, then they are not really 6 there. 7 Q Okay. What other contract requirements do 8 you have, if any? 9 A Other than teaching? 10 Q I'm sorry, contract requirements with the 11 Bengals. 12 A Just as far as -- well, we sign -- there's 13 a book that we have to sign, it basically gives 14 rules. A lot of that is just how you should act as 15 a cheerleader and how you should hold yourself. And 16 one of those rules is that you will not fraternize 17 with any players. So we sign that contract that 18 says you'll be removed from the team if you break 19 that rule. 20 Q Okay. Do you know if anyone has been 21 removed from the team for violating that rule? 22 A Yes. 23 Q Is that something that's happened recently 24 while you've been on the team? LAMPKE COURT REPORTING, INC. (859) 261-5544
  17. 17. Page 17 1 A While I've been on the team, yes. 2 Q What were the circumstances surrounding 3 those removals? 4 A I believe somebody saw them out and kind 5 of reported it to our director, but I don't know the 6 details. 7 Q Okay. So you're not allowed to hang out 8 socially; is that correct? 9 A Um-hmm. 10 Q Are you allowed to date Bengals players? 11 A No. 12 Q Are you allowed to date anyone in the 13 Bengals organization? 14 A No. 15 Q Is that specifically spelled out in your 16 rules about -- 17 A Specifically. 18 Q And you have a copy of this rule book? 19 A Yes. 20 Q That may be something that we request 21 during this process, so just hang on to it. 22 A Okay. 23 Q Do you attend just home games, or do you 24 attend away games as well? LAMPKE COURT REPORTING, INC. (859) 261-5544
  18. 18. Page 18 1 A We cheer 10 home games, two pre-season. 2 We're not required and we're not allowed to travel. 3 You're only allowed to have 24 cheerleaders on the 4 field at a time so we don't travel. No cheerleaders 5 do. 6 Q All right. Do you have any other 7 publicity requirements with respect to your contract 8 with the Bengals that we haven't discussed? 9 A No. 10 Q What about -- I know there's a calendar 11 that you do, is that part of your contract with the 12 Bengals, or is that something separate you engage 13 in, or is that something that's voluntary? 14 A Well, it's -- I mean, it's not mandatory 15 in the rule book, if that's what you're asking. But 16 everyone is involved in the process of making the 17 swimsuit calendar. So there are normally about 30 18 girls on the team and it's a 16-month calendar with 19 a front and back. So you have girls that maybe are 20 in a double shot or a triple shot or they have a 21 smaller picture in the front. 22 Q Is that something for which you receive 23 compensation? 24 A No. LAMPKE COURT REPORTING, INC. (859) 261-5544
  19. 19. Page 19 1 Q Okay. It's just something that you do 2 voluntarily? 3 A Um-hmm. 4 Q And I think at one point, I read somewhere 5 that you were on the cover at some point? 6 A In 2007, I was in my second year on the 7 squad and I got the cover of the swimsuit calendar. 8 Q How were you chosen for that; do you know? 9 A No, I mean, it's a process that the 10 photographer and our director sit down and I don't 11 exactly know how they choose it. 12 Q I have a few pictures, I think, of some 13 appearances that I found online, so I wanted to ask 14 you about those and just see the nature of them. 15 A Okay. 16 (Defendants' Exhibit A - C were 17 marked for identification.) 18 Q Have you seen this picture at all before? 19 A Um-hmm. 20 Q Do you remember where that picture was 21 taken? 22 A Um-hmm. This was at -- it's called a 23 swimsuit calendar release party. The calendar is 24 shot in July and it's released in September. A lot LAMPKE COURT REPORTING, INC. (859) 261-5544
  20. 20. Page 20 1 of NFL teams do it that way. And this was in 2007, 2 and it was when I was named as front cover and Emily 3 was named as back cover. 4 Q And just to be specific, I forgot to do 5 this, this is Exhibit A that we're looking at right 6 now. 7 A Okay. 8 Q You said Emily is beside you in the pink 9 dress? 10 A Um-hmm. 11 Q And what is her last name? 12 A Emily Holman, but she just got married, 13 so I don't know what her married name is. 14 Q And you said she was also chosen for the 15 cover? 16 A She was chosen as the back cover. 17 Q Oh, back cover. Okay. And you were on 18 the front cover? 19 A Um-hmm. And this is my director, 20 Charlotte Jacobs. 21 Q Where was this event held, if you 22 remember? 23 A It was in Ohio. We have restaurants who 24 sponsor us. LAMPKE COURT REPORTING, INC. (859) 261-5544
  21. 21. Page 21 1 Q Okay. 2 A And this particular restaurant was called 3 Mesh, M-E-S-H. 4 Q Is this something that the public attends? 5 A It is open to the public, but mostly it's 6 just our families and friends. 7 Q Is there a cover charge or anything to 8 attend this event? 9 A Yes. 10 Q Do you sell tickets to it or -- 11 A We don't sell tickets but Charlotte does. 12 Q So the organization does sell tickets? 13 A Um-hmm. 14 Q Do you know how much they cost? 15 A That particular year -- I think it just 16 keeps going up, but that particular year I don't 17 know. 18 Q Okay. And this is something that the 19 cheerleaders are appearing there, right, there are 20 no foot -- 21 A Yes, no football players. 22 Q -- football players there? Just one 23 thing, I sometimes lose track of this, but make sure 24 not to say um-hmm and huh-uh. I hadn't been LAMPKE COURT REPORTING, INC. (859) 261-5544
  22. 22. Page 22 1 noticing it, but someone else just notified me that 2 it might be happening and I do it, too, so -- it's 3 just hard for her. 4 A Sorry. 5 Q Is that for the cover of the calendar? 6 A That's the cover of the calendar. 7 Q And we're referring to Exhibit B now. 8 A Okay. 9 Q And that's the 2007 cover; is that 10 correct? 11 A Yes. 2007-2008 season. 12 Q All right. Do you know how many copies of 13 the calendar were sold or anything like that? 14 A I don't know. 15 Q Do you know how many were produced? 16 A No. 17 Q Do you know how much they cost? 18 A Yes, they're $10.00 apiece, but the 19 cheerleaders can buy them for a reduced price at 20 $7.00 apiece to sell to our families or -- 21 Q Have you been in the calendar every year 22 since you became a cheerleader? 23 A My first year I was in the calendar, but 24 it's a smaller picture. The rookies kind of get LAMPKE COURT REPORTING, INC. (859) 261-5544
  23. 23. Page 23 1 smaller pictures. And then my second year I was the 2 cover. And then my third year I was January, my 3 fourth year I was January, my fifth year I was 4 November. 5 Q And is that this past year? 6 A Yes. November. 7 Q Do you know what you'll be for next year 8 yet? 9 A No, I don't know -- we won't shoot that 10 until July so I have no idea what month or where 11 we'll be shooting at or anything. 12 Q Do you have copies of calendars from all 13 the years you've been in -- 14 A Yes. 15 Q If you don't care to hang onto those, 16 those may be things we'll ask for. Does this 17 picture look familiar at all? 18 A Yes. 19 Q This is Exhibit C. Is that you in the 20 picture? 21 A Yes. 22 Q Where was that taken? 23 A It's at a Cincinnati Tan, but I don't know 24 which location, which Cincinnati Tan location. We LAMPKE COURT REPORTING, INC. (859) 261-5544
  24. 24. Page 24 1 do so many events that I'm not sure which Cincinnati 2 Tan location that was at. 3 Q I forgot to ask you. Are you paid for 4 being in the calendar? 5 A You asked me, but no, we are not. 6 Q Sorry, I couldn't recall. 7 MR. LESTER: You did ask. I do remember. 8 Q Would this have been an event you would 9 have been paid to attend? 10 A No. 11 Q Was this a fashion show? 12 A Yeah, this designer of these bathing 13 suits, she's from the Cincinnati area and it was a 14 fashion show for her, basically displaying her 15 recent swimsuits. 16 Q Did she use cheerleaders exclusively for 17 the -- 18 A Yes. 19 Q Do you know if a fee was charged to attend 20 the fashion show, or was it open to the public for 21 free? 22 A It was open to the public. There was no 23 fee. 24 Q I might have asked you this, too. Do you LAMPKE COURT REPORTING, INC. (859) 261-5544
  25. 25. Page 25 1 recall when this was? 2 A I don't know. 3 Q Do you recall what year? 4 A This year. 5 Q In 2011 or 2010? 6 A 2010. I apologize. 7 Q No problem. Do you have any idea how many 8 people attended that fashion show? 9 A Not many. I'd say 30. 10 (Defendants' Exhibit D was 11 marked for identification.) 12 Q What is Exhibit D? 13 A This is on the Cincinnati Bengals website, 14 and it's my profile. They do cheerleader profiles. 15 And basically, if you go to click on cheerleader, 16 this information comes up, so you can kind of get to 17 know each girl. 18 Q Is this something that you're required to 19 do, or is it voluntary? 20 A It's required. 21 Q Do you receive any additional compensation 22 for doing this? 23 A No. 24 Q May I see that quickly? I should have had LAMPKE COURT REPORTING, INC. (859) 261-5544
  26. 26. Page 26 1 more copies. 2 A That's okay. I mean, I wrote it so I know 3 what's on there, so you can just ask me about it. 4 Q Okay. Your most memorable Ben-Gal 5 moments, can you read those into the record? 6 A Cheering in Miami for the 2010 Pro Bowl, 7 being named side captain in 2009, and getting the 8 cover of the swimsuit calendar in 2007. 9 Q When did you draft these answers? 10 A The team is selected in May, so June. 11 Q Of last year, 2010? 12 A Yes, this would have been written in June 13 of 2010. 14 Q How were you selected for the Pro Bowl? 15 A That's a process that the director sits 16 down with the entire management system, and they 17 choose one representative from each NFL squad. Each 18 squad kind of does it their own way. Some squads 19 vote on it and then sometimes their management, 20 their directors just choose it. So I don't exactly 21 know why or how I was selected, but I know that the 22 management of the Cincinnati Ben-Gals chooses it. 23 Q Okay. Did you receive additional 24 compensation for that? LAMPKE COURT REPORTING, INC. (859) 261-5544
  27. 27. Page 27 1 A Yes. 2 Q Were you on television for that? 3 A Um-hmm. Yes. 4 Q Did you do any interviews or anything like 5 that, or was it just on television for cheering? 6 A We were just -- I mean, I don't even think 7 that they really showed us too much in the 8 background, but that would have just been on 9 television from the game, footage from the game. 10 Q And what compensation did you receive? 11 A $500. It was like an honorarium for each 12 cheerleader that went -- was selected. 13 Q Did they also cover your travel costs, 14 your hotel costs, or anything like that? 15 A Yes, they -- this year, that particular 16 year that I was selected for Pro Bowl was when they 17 decided to do it in Miami, and they didn't have a 18 contract with Hawaii, so they paid for our hotel, 19 our flight, and then gave us that $500 honorarium. 20 Q Okay. What about food, was that 21 compensated as well? 22 A It was, but I don't recall how much they 23 gave us. 24 Q Okay. So obviously that was a big deal to LAMPKE COURT REPORTING, INC. (859) 261-5544
  28. 28. Page 28 1 you since you said this is -- 2 A It's the biggest thing that you can get as 3 an NFL cheerleader so it was extremely -- it was one 4 of the most rewarding experiences of the NFL 5 cheerleading aspects of my life. 6 Q And you were representing the Bengals -- 7 A Um-hmm. 8 Q -- as one person representing the 9 entire -- 10 A There's only 26 teams that have 11 cheerleaders so there's only 26 girls in the nation 12 each year that are selected, so it's a big deal. 13 Q Do you receive much publicity for that? 14 A Not publicity, no. 15 Q Do you recall doing -- 16 A They do a separate like page on the 17 Bengals website for the Pro Bowl cheerleaders, but 18 that would be all the publicity, besides the actual 19 week of Pro Bowl. 20 Q And then what did you do during the week 21 of the Pro Bowl? 22 A We did radio appearances, television 23 appearances, a lot of charity work throughout Miami. 24 We did a fashion show. LAMPKE COURT REPORTING, INC. (859) 261-5544
  29. 29. Page 29 1 Q What radio stations were you on, if any? 2 A I don't know. 3 Q They were in Miami? 4 A Um-hmm. 5 Q What about television, do you know which 6 affiliates, anything like that? 7 A No. 8 Q Did you personally give interviews? 9 A I didn't personally talk about myself. We 10 just kind of got Miami hyped up about attending the 11 game. 12 Q Did you speak yourself? 13 A Yes. 14 Q And you mentioned charity work while you 15 were there? 16 A Yes. 17 Q Do you remember which charities? 18 A We went to three schools, but I don't 19 recall the names of the schools. 20 Q What did you do there? 21 A We helped make paper-mache masks with 22 students, and we helped collect toys for a toy 23 drive. 24 Q What else did you do while you were in LAMPKE COURT REPORTING, INC. (859) 261-5544
  30. 30. Page 30 1 Miami for the Pro Bowl? 2 A A fashion show at the W Hotel and that was 3 basically -- it was all 26 girls taking turns 4 whether or not they were in the AFC or NFC, dancing 5 or showing off the bathing suits that they had made 6 for us at the Pro Bowl. 7 Q Who made these? 8 A I don't know who made them. 9 Q Were they specific to a certain team or -- 10 A When we arrived in Miami they had a 11 bathing suit made for us, depending on what team you 12 were with. And by "them" I mean the Dolphins 13 directors. 14 Q Okay. Do you remember if that was a paid 15 event, where the public had paid to attend, or was 16 it a free event? 17 A I don't know. That whole week was -- 18 there was a lot going on that whole week, so I don't 19 know if they charged the public. They didn't charge 20 us to go. My parents and my family came down to Pro 21 Bowl to watch the game and watch me, and so I 22 believe they had to pay to get in. 23 Q Okay. Did you do any other public events 24 while you were down there, other than actually LAMPKE COURT REPORTING, INC. (859) 261-5544
  31. 31. Page 31 1 participating in cheering in the game? 2 A We had something to do every day from 5:00 3 in the morning till -- and then we'd have practices 4 at night, but I don't remember what events we did 5 each week. We were running all the time. 6 Q Do you remember any other events that the 7 public might have had to pay to get into or anything 8 like that? 9 A No. 10 Q And then you listed side captain as 11 another one of your most memorable events, right? 12 A Yes. 13 Q And I think we've already discussed that. 14 And you're currently -- 15 A Head captain. 16 Q And what was the last one that's listed? 17 A Getting the cover of the swimsuit 18 calendar. 19 Q Okay. 20 A And that was a big deal because my first 21 year I was an alternate and I didn't get to cheer I 22 think, but two games so I had really tough rookie 23 year, and getting the swimsuit calendar and being a 24 part of the field, that was probably why it was my LAMPKE COURT REPORTING, INC. (859) 261-5544
  32. 32. Page 32 1 most memorable. 2 Q Your first year as an alternate, would you 3 cheer just when someone was out for injury or 4 illness or something like that? 5 A Well, there are 30 girls on the team and 6 24 make the field, so it's kind of like each 7 practice is excruciating and you're kind of fighting 8 for a spot. So I was 20 years old, I was the 9 youngest one on the team so, I mean, I really hadn't 10 earned a spot yet, so I didn't get to cheer. 11 Q How much alternates are there every year? 12 A Depending on -- it depends on the year, 13 because normally they take 30 to 32, so I would say 14 about 6. 15 Q And at this point, do you still compete 16 for your spot every week or is it -- 17 A No. Now that I'm head captain, no, I have 18 a set spot. 19 Q Okay. If you're not a captain, do you 20 still have to compete for a spot every week? 21 A Yes. 22 Q What about when you were side captain? 23 A No. 24 Q That's exempt as well? LAMPKE COURT REPORTING, INC. (859) 261-5544
  33. 33. Page 33 1 A Um-hmm. 2 Q What qualifications were required for you 3 to become a Bengals cheerleader? 4 A You had to be -- at the time, you had to 5 be 20 years of age, you have to have a full-time job 6 or be enrolled in college full-time. 7 Q Do they specify what types of jobs are 8 required? 9 A No. And you have to live within a 50 mile 10 radius of the stadium, because we've got girls 11 coming from all around the Tri-State area, so it's 12 just too hard for them to commute. 13 Q Right now, how far do you live from the 14 stadium? 15 A Ten minutes. 16 Q Are you required to have any sort of 17 cheering or dance experience? 18 A Oh yeah, you need to have some type of -- 19 not necessarily experience, but you have to surpass 20 the expectations during the tryouts, which I didn't 21 have cheerleading experience, but I had dance 22 experience. 23 Q So other than just performing well, it's 24 not like you have to have X number of years of dance LAMPKE COURT REPORTING, INC. (859) 261-5544
  34. 34. Page 34 1 or anything like that? 2 A No, there's not a set requirement, but 3 there's an interview process, a technical process, 4 meaning the technical dance part. You have to be 5 able to do turns and leaps and kicks. And then 6 there's a dance portion. And then the interview, 7 they basically sit down in front of you, the 15 8 judges, and ask you questions about yourself. 9 Q Do you have to try out every year? 10 A Unless you're head captain you have to try 11 out every year, so this is my first year that I will 12 not be trying out. I'll be kind of helping with 13 tryouts. 14 Q And is the head captain position something 15 that you will retain, or is it something that's up 16 in the year every year? 17 A No, it's one of those things where once 18 you're head captain, that's -- unless you would do 19 something obviously to diminish whatever your title 20 was, I mean, but -- it's never happened. 21 Q So you were chosen for that in May of -- 22 let's see, when were you chosen for head captain? 23 I'm sorry. 24 A We went to Iraq in January and that was LAMPKE COURT REPORTING, INC. (859) 261-5544
  35. 35. Page 35 1 when it was basically announced in front of the 2 entire team that I would be head captain for the 3 2011 season. 4 Q Is that when you were informed or were you 5 informed of that prior to? 6 A I knew that I was next in line for it so, 7 I mean, I knew it was coming, but I was not notified 8 until January. 9 Q And how were you next in line? 10 A I was co-captain, so we had a head captain 11 who, she's been cheering for nine years and she is a 12 doctor, so she is moving away and then now as 13 co-captain I took over as head captain. 14 Q Do you know how you were chosen for 15 co-captain? 16 A No, I mean, leadership ability. 17 Q Okay. Is it something that the management 18 chooses on their own, or do the girls have input? 19 A The girls have some input, but mainly 20 management has the final say. It's kind of being a 21 roundabout person, you obviously have to be a 22 leader. I mean, we have to come up with formations 23 and choreography and make sure that the team stays 24 together, so it's a difficult job, but I know that LAMPKE COURT REPORTING, INC. (859) 261-5544
  36. 36. Page 36 1 it's a whole process of trying to choose who the 2 head captain is. 3 Q So is it your expectation that from now 4 until whenever you retire as a Bengals cheerleader 5 you will remain head captain? 6 A Yes. 7 Q And you won't have to try out again? 8 A Right. 9 Q Okay. How long is the tryout process? 10 A Right now we're doing clinics every 11 Saturday. So every Saturday in April it's just 12 basically preparing the new girls that are trying 13 out. And then the actual tryouts will start in May, 14 which will be a preliminary process, a semifinal 15 process, and then the finals. So all in all, it 16 takes about a month for the tryouts. 17 Q You mentioned that you had dance 18 experience; is that correct? 19 A Yes. 20 Q What type of experience did you have prior 21 to -- 22 A I've been taking dance at Mary 23 Riesenberg's Studio of Dance, where I teach at, 24 since I was two and a half, and I have a background LAMPKE COURT REPORTING, INC. (859) 261-5544
  37. 37. Page 37 1 in tap, ballet, jazz and hip-hop. 2 Q You mentioned going to Iraq. Can you tell 3 me a little bit more about that? 4 A Sure. We went January 18th through -- it 5 was a 10-day tour, so I think we ended up getting 6 back on the 28th or something like that. And we 7 went to -- we flew from New Jersey to Germany and 8 then Germany to Kuwait and Kuwait to Iraq and we 9 visited three bases a day to soldiers who hadn't had 10 any visitors since July. And in some of those we 11 would just visit and kind of bring a piece of home 12 to them, and then some of them we would perform. 13 Q How were you chosen for that? Did the 14 entire team go? 15 A No, only eight girls were selected. 16 Q And who selected you? 17 A Charlotte Jacobs. 18 Q And in your position as co-captain at that 19 point, did you expect that you would be going, I 20 mean, is that -- 21 A I knew that I was going and she asked kind 22 of my opinion on who I thought should go, but she 23 ended up picking her select eight. And there were 24 only so many people on the team that had passports LAMPKE COURT REPORTING, INC. (859) 261-5544
  38. 38. Page 38 1 anyway, so not the entire time was even in the 2 running for it. 3 Q Was that your first trip traveling 4 overseas as part of the Bengals organization? 5 A Traveling overseas, yeah. I went to 6 Seattle, Washington, to visit Ft. Lewis my third 7 year, but that was wasn't overseas. 8 Q So that would have been about 2008; is 9 that correct? 10 A Yes. 11 Q Any other trips visiting the troops or 12 anyone else as part of the Bengals organization? 13 A No. 14 Q Did you receive any additional 15 compensation for going to Iraq? 16 A Yes. 17 Q What did you receive? 18 A $800. 19 Q And was your transportation provided? 20 A Transportation was provided, as was where 21 we stayed, but we didn't get any money for food. We 22 basically ate on the base so we didn't really need 23 any extra or additional money. 24 Q Okay. So you didn't have to pay anything LAMPKE COURT REPORTING, INC. (859) 261-5544
  39. 39. Page 39 1 to go do this? 2 A No. 3 Q Were you in Bengals attire most of the 4 time -- 5 A That's what cost so much money. We found 6 out -- actually, I found out in December that we 7 were selected to go, that we were a team that was 8 selected to go. So in December, as the captain 9 going, I had to come up with a 45-minute performance 10 and then get different outfits for us to go for the 11 entire week because, as NFL cheerleaders traveling 12 overseas, we had to be all matching, so I had to get 13 all of that stuff together. 14 Q And what do you mean by getting all this 15 stuff together? Did you work with someone to do 16 this or -- 17 A After she announced the seven other girls 18 that were going with me, we practiced every night 19 until we left for Iraq, and we ordered things on our 20 own as far as outfits and things, and we had to 21 order outfits for our performances. 22 Q Did they all have Bengals insignia on them 23 or were they -- 24 A Yes, everything was Bengals related. LAMPKE COURT REPORTING, INC. (859) 261-5544
  40. 40. Page 40 1 Q Did you have to pay for those yourself? 2 A Yes. 3 Q Did you have any other out-of-pocket 4 expenses for this trip? 5 A It was an expensive trip just as far as 6 attire goes, but other than what we were actually 7 wearing and buying and all that stuff, and luggage 8 and things like that, no. 9 Q So even when you were traveling, were you 10 wearing Bengals attire? 11 A Everything, um-hmm. 12 Q Can I see Exhibit D again? I might be 13 done with it but -- I am finished with that. 14 At this point, how long do you intend to 15 cheer for the Bengals, or is it something that 16 you're waiting to decide? 17 A I haven't decided yet, but I'm getting 18 married in July and he's discussed having kids, so I 19 would say I would cheer at least one more year, if 20 not two. 21 Q Is there some requirement that you don't 22 have children if you cheer? 23 A No, there are several girls on the squad 24 that have children. It's just -- LAMPKE COURT REPORTING, INC. (859) 261-5544
  41. 41. Page 41 1 Q A personal choice? 2 A The nine months getting pregnant, you 3 can't -- you have to at least take off a year. 4 Q Okay. But you would be eligible to come 5 back if you wanted to? 6 A Yes. 7 Q Do you intend to do so? 8 A No. Once I have kids -- not that it's 9 selfish, but I think that all my energy will go 10 toward my kids and my family. 11 Q Okay. 12 MS. MATTINGLY: Could we take a short 13 break? 14 (A brief recess was taken.) 15 BY MS. MATTINGLY: 16 Q Just a few follow-up questions on some 17 questions we've already discussed. Who put together 18 the Pro Bowl itinerary? Do you know who that would 19 have been? 20 A No -- the itinerary for the week? 21 Q Yes. 22 A No. 23 Q Do you have a copy of that? 24 A No. LAMPKE COURT REPORTING, INC. (859) 261-5544
  42. 42. Page 42 1 Q Okay. Do you know where we might be able 2 to find one, just to see what -- 3 A I know that because it was based in Miami, 4 like I said, the director of the Dolphins 5 cheerleaders, she put a lot of her work into that so 6 I would assume her. 7 Q What about pictures, are there any 8 publicly available pictures of your time at the Pro 9 Bowl? 10 A There was several photographers. I mean, 11 I took a lot of pictures, I think I took 200 12 pictures of Pro Bowl, but there were photographers 13 there all week. So I've seen public pictures 14 online, but I don't exactly know what specific 15 photographer. 16 Q Did the Pro Bowl have its own website; do 17 you know? 18 A No, it has its own Facebook page and there 19 are lots of pictures on there. It's called the 20 Official 2010 Pro Bowl Cheerleader. 21 Q What about the trip to Iraq, who put 22 together the itinerary for that, or was there an 23 itinerary? 24 A It was based by AKA Productions. It LAMPKE COURT REPORTING, INC. (859) 261-5544
  43. 43. Page 43 1 wasn't a USO tour necessarily, it was a performance 2 type -- they kind of hire bands and performers to 3 come in and perform for the troops, and the 4 production team for AKA put that together. 5 Q Do you know where they are located? 6 A No. 7 Q Were there other cheerleading squads 8 there, too, or just the Bengals? 9 A The Buffalo Bills were two weeks before 10 us, but they were not there while we were there. 11 Q Was anyone there at the same time you 12 were? 13 A No. 14 Q Do you happen to have an itinerary that 15 you might have kept from your time there? 16 A I have a contract. 17 Q Okay. 18 A But I don't have an itinerary. 19 Q Okay. 20 A Because we didn't really -- we didn't know 21 what we were doing until the day of, because so many 22 things would change. One of the places we were 23 supposed to attend got hit by rockets, so it's kind 24 of like we didn't have a set itinerary. LAMPKE COURT REPORTING, INC. (859) 261-5544
  44. 44. Page 44 1 Q Right. 2 A We were just kind of going -- 3 Q Was your contract with AKA Productions? 4 A Yes. 5 Q If you don't care to hang on to that, 6 don't destroy it or anything. 7 I want to move on and talk about the 8 specific issues of this case. Prior to the posts at 9 issue had you heard of 10 A Yes. 11 Q What did you know about it before then? 12 A One of the girls on the team had been 13 posted on the website, and I vaguely -- I had never 14 visited the site and I didn't visit it when she was 15 on there, I just recall them discussing it. 16 Q Who was that? 17 A Her name is Adrienne Hundemer. 18 Q Is she still on the team? 19 A No. 20 Q Did she voluntarily resign or was she 21 removed from the team? 22 A No, she had been on the team for several 23 years and had an eight-year-old daughter, and I 24 think she was just ready to give it up. LAMPKE COURT REPORTING, INC. (859) 261-5544
  45. 45. Page 45 1 Q Actually, I just remembered one other 2 thing I wanted to go back to. As part of your 3 tryout process for the Bengals, what did the 4 interview consist of? 5 A They asked about our dance or cheerleading 6 background, and then they asked basically personal 7 questions, kind of like how you're doing, just to 8 get to know us, to see if we can handle ourselves in 9 a high-stress environment and be able to handle 10 ourselves well. 11 Q Was there any sort of morality or ethical 12 component to it -- 13 A That's a big issue with the Bengals 14 organization. They -- you're not allowed to have 15 anything, you know, alcohol or drug-related during 16 any charity event or any type of event for the 17 Bengals. You have to obviously have high morals and 18 values in order to be a part of the squad. 19 Q Do they do any kind of a criminal 20 background check or anything like that? 21 A I don't know. 22 Q If you were to get arrested, would that be 23 something that would -- 24 A They ask that. I haven't filled out the LAMPKE COURT REPORTING, INC. (859) 261-5544
  46. 46. Page 46 1 information in so long because I haven't really had 2 to go through the tryout process, but they do ask 3 that, if you've been arrested, on the paper. 4 Q Do you know of any types of arrest that 5 would prevent you from being eligible to be a 6 Bengals cheerleader? 7 A No, I didn't really look into it since I 8 had never been arrested. 9 Q Okay. That answers one of my other 10 questions. Have you ever been involved in any other 11 lawsuits? 12 A No. 13 Q Is there any kind of behavior that would 14 prohibit you from being able to be a Bengals 15 cheerleader, anything in your past that -- not 16 specifically with you, I'm sorry, with any girl that 17 would prohibit someone from being able to be a 18 cheerleader? 19 A Yes, if you are basically in Cincinnati, 20 you're going out and holding yourself in kind of a 21 way that would disgrace being a Ben-Gal, then there 22 have been girls removed from the squad based on how 23 they act personally out in the public, drinking 24 excessively, as far as, you know, throwing up LAMPKE COURT REPORTING, INC. (859) 261-5544
  47. 47. Page 47 1 everywhere if you're out somewhere, acting drunk, 2 anything like that. 3 I guess if you were -- they really -- in 4 the past if you were married and it's been known 5 that you are cheating on your husband, they don't -- 6 they would ask you not to come back and cheer. They 7 wouldn't cut you from the squad, but they would ask 8 you to take a year off, kind of get yourself 9 together and then come back. 10 Q What things would get you fired 11 immediately? Are there any -- 12 A Having any type of relations with a 13 player. 14 Q So would that encompass friendship as 15 well? 16 A Not friendship as far as the players 17 because we do have to do events and things like 18 that. We see them on -- their practice is getting 19 over as ours is starting on Tuesdays and Thursdays. 20 So we do see them, but not -- as long as you're not 21 going out to dinner with them or sleeping with them 22 or, you know, constantly holding yourself in a way 23 that makes it seem like you're with one of them, 24 then you'll immediately be removed from the squad if LAMPKE COURT REPORTING, INC. (859) 261-5544
  48. 48. Page 48 1 that happens. 2 Q Are you allowed to correspond with them, 3 like phone calls, text messages, anything like that? 4 Is that prohibited? 5 A No, it's not prohibited. A lot of times 6 we'll have to do events together or -- take for 7 example, if we're doing an event for a specific 8 charity that they run, then they give us information 9 as to what we should be -- you know, what we should 10 be doing while we are at the event, things like 11 that. So it's not prohibited to speak to them, 12 obviously, we want to have a professional working 13 relationship with them, but nothing that goes past 14 that. 15 Q Okay. Do you have any personal 16 friendships with any of the players? 17 A Not personal, as far as right now, anybody 18 on the team. But I knew Shayne Graham. I cheered 19 for the Cincinnati Marshals, and that's an indoor 20 football team. 21 Q When did you do that? 22 A It was in 2004, it was the year before I 23 tried out for the Bengals, to just basically get me 24 prepared to what an NFL cheerleading experience LAMPKE COURT REPORTING, INC. (859) 261-5544
  49. 49. Page 49 1 would be like. And I met him at a charity event 2 there and we're friends and I'm friends with his 3 fiance. 4 Q And what is his fiance's name? 5 A Her name is Kate. 6 Q Do you know her last name? 7 A No, because through this website, this 8 whole fiasco, I met her through that, so I don't 9 know her last name. 10 Q Okay. Would you communicate with Shayne 11 on things other than charity events or anything like 12 that? 13 A No. 14 Q You didn't have any personal 15 communications, text messages, e-mails or anything 16 like that? 17 A No. 18 Q Any other players that you have any kind 19 of personal friendship relationship with? 20 A No. 21 Q And I think you mentioned that there's a 22 strict policy with no drugs or alcohol at charity 23 events. Is there any type of a policy that you're 24 not allowed to drink, period, in public, or is it LAMPKE COURT REPORTING, INC. (859) 261-5544
  50. 50. Page 50 1 something that you are allowed to drink in 2 moderation? 3 A You're allowed to drink. I don't drink, 4 but it's not like they give you rules as far as if 5 you're out -- like, if we're at an event and it's 6 not a charity-type thing, and it's kind of like a 7 team bonding thing, then the girls will drink. But 8 obviously, drugs is not one of those things that 9 would ever be okay. 10 Q Okay. I understand. You personally, you 11 say, don't drink? 12 A I've never had a sip of alcohol ever. 13 Q Is that just a personal choice? 14 A Um-hmm. 15 Q Other than your teammate Adrienne being on 16 before, did you have any other 17 knowledge of the website? 18 A No, I had never heard of it and I've 19 never -- even after I heard about her, I have never 20 visited the website. 21 Q Okay. And you're saying up until that 22 point, obviously by now you have; is that correct? 23 A Yeah. 24 Q How did you learn about the first post LAMPKE COURT REPORTING, INC. (859) 261-5544
  51. 51. Page 51 1 that mentioned your name on 2 A The first post was in October, and that 3 was the one that had a picture of Shayne Graham and 4 I. It was from a Celebrity Benihana event that we 5 were in a picture together and he was actually -- 6 and not necessarily as a friend, he was basically 7 calling me to let he know to kind of cover himself 8 because Kate was wondering why we were in a picture 9 together and why it said we had been sleeping 10 together. So he sent me a text message saying that 11 I was on the website and if I knew anything about 12 it. 13 Q And how did he have your phone number? 14 A Just by the -- I do -- every single year 15 that he had been on the team, I've done his charity 16 event, Kicks For Kids. 17 Q Okay. How did you choose to pick that 18 charity? 19 A We were selected by Charlotte. She 20 selected three of us. 21 Q So does she assign you to all charity 22 events? 23 A Some of them are assigned, but some of 24 them are on a voluntary basis, depending on the LAMPKE COURT REPORTING, INC. (859) 261-5544
  52. 52. Page 52 1 area. If they're further away up in Ohio, the girls 2 that live in Ohio will go to those or if we have a 3 Kentucky event, you know, the Kentucky girls will go 4 to those. 5 Q Okay. When was the picture taken of you 6 and Shayne; do you know? Do you know when what 7 event was? 8 A No. It was a couple years ago. I would 9 say it was my third year on the team, so 2008. 10 Q Do you recall if Nik Richie personally 11 posted anything on that specific post? 12 A Yes. 13 Q Do you recall that he said? 14 A No. 15 Q Do you recall, is it something that you 16 considered to be defamatory? 17 A Yes. 18 Q You don't recall any specifics about what 19 it was? 20 A No, that particular post had said that I 21 had slept with all the Bengals players and -- 22 Q Was that something that Nik said? 23 A No, that was in the original post, whoever 24 sent it in. I haven't looked at that one in so LAMPKE COURT REPORTING, INC. (859) 261-5544
  53. 53. Page 53 1 long. But that one said that I had slept with all 2 the Bengals players and that I had been seen out and 3 about with Shayne Graham, and he posted something 4 underneath it, which was obviously not -- wasn't 5 nice. 6 Q Okay. And there's obviously a difference 7 between something not being nice and something 8 that's defamatory; would you agree with me on that? 9 A Yes. 10 Q I mean, obviously some things can overlap, 11 but they are not necessarily the same; is that 12 correct? 13 A Right. 14 Q Okay. The post about you being seen all 15 over town with Shayne Graham, do you know who posted 16 that? 17 A No. 18 Q Was it Nik who said that? 19 A No. 20 Q Had you been seen around town with Shayne 21 Graham? 22 A No. That was the only instance that I had 23 actually seen him out, because it was at an event, 24 and there were other -- my director was there and LAMPKE COURT REPORTING, INC. (859) 261-5544
  54. 54. Page 54 1 all the other cheerleaders were at that event. 2 (Defendants' Exhibit E was marked 3 for identification.) 4 Q I'm going to introduce as Exhibit E -- it 5 is not the entire, it does not include all the 6 comments -- 7 A Right. 8 Q -- it's just the first little bit with the 9 original post and with anything that Nik said. For 10 some reason this one is dated January 9th, but is 11 this the one that you were referring to as the 12 October 27th one? 13 A Yes, it was posted on -- I don't know why 14 it says January 9th either, but it was posted 15 October 27th. 16 Q Okay. 17 A And this was at the Celebrity Benihana's 18 event. 19 Q The picture is of you and Shayne Graham; 20 is that correct? 21 A Yes. 22 Q And can you go to the next page? I'm 23 collectively putting those as Exhibit E. Is that 24 the same picture or is that a different -- LAMPKE COURT REPORTING, INC. (859) 261-5544
  55. 55. Page 55 1 A It's a different picture. 2 Q Is that the same event? 3 A No. 4 Q Where was the second picture? 5 A The second picture was a Christmas party. 6 The Bengals hold a Christmas party for the players 7 and the cheerleaders and all of our families. 8 Q Okay. 9 A And that's what Christmas party that was. 10 I believe in 2008. 11 Q Do you remember the context behind that 12 picture being taken? 13 A I don't understand the question. 14 Q Was there a reason that you were posing 15 with Shayne at this party? 16 A No, there were several pictures that we 17 were all -- that we had all been in, as far as 18 cheerleaders and players. It's really one of the 19 only nights that we actually get to talk to them. 20 Q And where did you say it was held, if you 21 recall? 22 A It's in a different location each year 23 besides for the fact that, after Chris Henry passed 24 away they started doing it at the stadium, so I LAMPKE COURT REPORTING, INC. (859) 261-5544
  56. 56. Page 56 1 don't recall where this one was. 2 Q Was there anyone else in this picture that 3 has been cropped out, or was that a picture that you 4 just posed with Shayne in? 5 A There's someone else in this picture. 6 Q Do you recall who that would have been? 7 A No. 8 Q Would it have been a cheerleader, a 9 player? 10 A Yes, a cheerleader. 11 Q Do you know, was that picture publicly 12 available? 13 A No, these are pictures off my Facebook. 14 Q Both of them are? 15 A Um-hmm. 16 Q Okay. At the time do you recall how many 17 Facebook friends you had? 18 A At that time -- no, I don't know how many 19 I had, but I knew after I saw this that it was 20 somebody off my Facebook. 21 Q Do you know if you had more than 500? 22 A Um-hmm, I did. 23 Q More than 1,000? 24 A No. LAMPKE COURT REPORTING, INC. (859) 261-5544
  57. 57. Page 57 1 Q So between 500 and 1,000 at that time? 2 A Yes. 3 Q How did you select friends for Facebook at 4 that time? Was it just if anyone requested you, 5 would you become friends with them? 6 A No, I've always been extremely careful 7 about my Facebook so I'm unsearchable, so my 8 students can't find me. So I'm not friends with any 9 of my students. 10 Q Have you always been unsearchable? 11 A Yes, from the second I got it. 12 Q So it's my understanding that if you're 13 unsearchable, then you have to specifically request 14 each person to become friends with you; is that 15 correct? 16 A No. Basically, if they type in my name to 17 search me, it won't come up, but they can see my 18 page if I have a mutual friend with them. So say, 19 for example, I have 20 mutual friends with them and 20 they can see my stuff on their pages, then they can 21 ask me to be their friend. 22 Q Okay. And that's a setting that you can 23 choose, too; is that correct? 24 A Um-hmm. LAMPKE COURT REPORTING, INC. (859) 261-5544
  58. 58. Page 58 1 Q Because there's a way to make it 2 unsearchable and to where I think you can't see 3 mutual friends either; is that your understanding? 4 A I mean, the only understanding that I 5 have -- I have the highest privacy settings on my 6 Facebook that's possible, as of right now. 7 Q Did you have the highest privacy settings 8 from day one? 9 A Yes, because I knew with teaching, I had 10 to go above and beyond, so I made myself 11 unsearchable from day one. 12 Q Do you recall, at that time, whether a 13 mutual friend could see your entire profile, or 14 could they just see your name and picture at that 15 time? 16 A If they were my friend? 17 Q No. Just mutual friends, like if you 18 shared -- 19 A No mutual friends, you could not see 20 anything, so whoever did it was a Facebook friend. 21 Q Okay. Could mutual friends see your name 22 and picture? 23 A Yes. 24 Q But they couldn't see your profile? LAMPKE COURT REPORTING, INC. (859) 261-5544
  59. 59. Page 59 1 A Right. 2 Q And they could not see your photo albums; 3 is that correct? 4 A Correct. 5 Q And I know for awhile, at least -- I 6 learned this personally -- the photo albums that 7 appeared were had different settings than your 8 profile -- not you specifically, but the person's 9 actual profile; is that correct? 10 A Yeah, after all this stuff with the 11 website, I changed. I didn't know that you could 12 make each photo album kind of private or -- 13 depending on who could see it, but now I know. 14 Q Do you know if your photo albums had 15 always been friends only or were -- 16 A Friends only at all times. 17 Q Regarding this post, what specifically 18 about it do you allege to be defamatory? 19 A That I slept with every other Bengals 20 football player. I mean, I'm pretty confident in 21 the fact that if somebody would say something 22 negative about me, specifically, I take that, I have 23 thick skin, I teach 15 year olds, but it was the 24 part that said I had had sex with other football LAMPKE COURT REPORTING, INC. (859) 261-5544
  60. 60. Page 60 1 players. 2 Q So is that false? 3 A Absolutely. 4 Q Have you had sex with any Bengals 5 football -- 6 A No. 7 Q -- players? 8 A No. 9 Q And just for her purposes again, let me 10 finish the question. I know you know where I'm 11 going with it and I know it might, you think, help 12 speed it up, but it's a little harder for her. 13 A Sorry. 14 Q It's easy to do and people do it all the 15 time. 16 So you contend that that's false; is that 17 correct? 18 A Yes. 19 Q Do you have any idea who said that about 20 you? 21 A This one in particular, I don't know who 22 did it, but after talking to Shayne's fiance, I kind 23 of talked to her, he had -- he was engaged to one of 24 the cheerleaders on the team, which she was removed LAMPKE COURT REPORTING, INC. (859) 261-5544
  61. 61. Page 61 1 from the squad because he was engaged to her in like 2 2006. 3 Q Were they dating while she was on the 4 team? 5 A Secretively, yes. 6 Q So when it came to light, she was removed 7 from the team? 8 A Removed from the team. 9 Q Who was that? 10 A Her name was Heather, but this is before I 11 was on the team. 12 Q Okay. 13 A So I don't know what her last name is. 14 Q Was it an amicable removal or was she 15 upset about that? 16 A No, she knew. I mean, they were secretly 17 dating the year before I was on the squad, so that 18 would been the 2004-2005 season. And they got 19 engaged, I believe, in the off season and it was 20 kind of like an understanding that she would not be 21 back on the squad. 22 Q Okay. So Shayne's current fiance, Kate, 23 told you about Heather? 24 A She said that she thought that this was a LAMPKE COURT REPORTING, INC. (859) 261-5544
  62. 62. Page 62 1 way of getting to Shayne, and that she thinks that 2 Heather posted it, but I don't have any -- I don't 3 know Heather. 4 Q Do you know when Heather and Shayne split 5 up? 6 A No, I don't know anything about their 7 personal relationship. 8 Q Do you know if -- when did Shayne begin 9 dating Kate, if you know? 10 A I don't know. 11 Q Did Kate tell you why she thinks it's 12 Heather? 13 A She didn't tell me why. She just -- after 14 she talked to me, because she was obviously upset 15 because she thought that we had slept together, and 16 after she talked to me, she obviously knew -- I 17 mean, I was with -- I had a boyfriend and she knew 18 that there was no way that this would be true, based 19 on the pictures. So she just assumed that it was 20 her. And they told me at the Christmas party the 21 following year that they were going to hire an 22 attorney to find out who sent it in, but I don't -- 23 I never followed up with them. 24 Q So you don't know whether they did, in LAMPKE COURT REPORTING, INC. (859) 261-5544
  63. 63. Page 63 1 fact, hire someone? 2 A No, they sent me -- Shayne and Kate sent 3 me an Edible Arrangements bouquet apologizing for 4 this to happen, because they feel like it was an 5 attack against him, rather than me, so after that I 6 kind of -- after that October post, I let it go. 7 Q Do you have any opinions as to whether it 8 was an attack against you or an attack against 9 Shayne? 10 A I originally thought it was an attack 11 against me because it's saying me and not saying 12 Shayne. 13 Q What do you mean? 14 A It says, "Nik, this is Sarah J," rather 15 than saying "Nik, this is Shayne Graham." So I 16 figured it was an attack against me, but obviously I 17 was upset with the "slept with every Bengals 18 football player." I asked him -- I asked Nik Richie 19 to take it down, and after he refused, I kind of let 20 it go. 21 Q When did you ask him to take it down? 22 A The day after, so I would assume October 23 28th. 24 Q How did you do that? LAMPKE COURT REPORTING, INC. (859) 261-5544
  64. 64. Page 64 1 A I sent him -- at the time, I had never 2 visited the website so I didn't know how to get it 3 removed. So I think I tried to find him on MySpace 4 or something and sent him a message, and that didn't 5 work. And then I ended up sending an e-mail. 6 Q Did he respond to you on MySpace at all? 7 A No. 8 Q Okay. And then you said when he did not 9 respond, you -- 10 A I sent an e-mail. 11 Q Do you know what e-mail address you used 12 for him or for 13 A It's on file but the original -- the one 14 that's on the website. 15 Q So you did go to the website at that 16 point? 17 A Yes. Yes. 18 Q Do you have copies of the MySpace message 19 that you sent, or do you have a copy of that at all? 20 A Everything that I have as far as all the 21 e-mails and everything that I printed off is on file 22 so -- 23 Q What do you mean by "on file"? 24 A In my lawyer papers. LAMPKE COURT REPORTING, INC. (859) 261-5544
  65. 65. Page 65 1 Q So your attorney should have all that? 2 A Yes. 3 Q We have not requested those yet, I wanted 4 to depose you first and then we'll get those at a 5 later time through some discovery requests, so I 6 don't currently have those. 7 So it's your belief that everything, every 8 communication that you had that's relevant to this 9 lawsuit should be in your attorneys' hands; is that 10 correct? 11 A Most of it. There were ones that when I 12 was printing them off, I didn't have access to all 13 of them because they had been since October, and I 14 didn't -- I didn't file the lawsuit until the next 15 post, which is the one I was upset about and 16 obviously that I'm suing about. So I don't have all 17 of the ones from this one because I kind of let this 18 one go until the new December post. 19 Q When you say you don't have all of those, 20 are you referring to communications between you -- 21 A Yes, but most of them I do, so I would say 22 at least 25 out of the 40; I have most of them. 23 Q So is there any way to access the others 24 ones? LAMPKE COURT REPORTING, INC. (859) 261-5544
  66. 66. Page 66 1 A No. 2 Q What were you using to communicate these; 3 what e-mail address were you using? 4 A Two e-mail addresses, 5 6 Q Do you still have that e-mail address? 7 A Yes. And my school e-mail, not for this 8 particular post, but from the other post. It's 9 10 Q And is that still a valid e-mail address? 11 A Yes. 12 Q Regarding this first posting, do you know 13 for how long of a period of time you corresponded 14 with or attempted to correspond with anyone at 15 16 A A month. 17 Q And was anything ever done about it? 18 A No. 19 Q To date, do you know if this is still 20 available online? 21 A This one in particular? 22 Q Yes. 23 A I don't know. 24 Q Okay. LAMPKE COURT REPORTING, INC. (859) 261-5544
  67. 67. Page 67 1 A But I believe they've only taken the one 2 down so this, I would assume, would be up. 3 Q Okay. Did Nik say anything in this first 4 post? And I'm referring to Nik Lamas Richie. 5 A Right. Everything that he says is in bold 6 so he says "Everyone in Cincinnati knows this kicker 7 is a sex addict. It's no secret he can't even keep 8 relationships because his red rocket has freckles 9 that need to be touched constantly." 10 Q Did he say anything else or is that -- 11 A In that particular post, that was all. 12 Q Is there anything defamatory that Nik said 13 in that comment? 14 MR. LESTER: Objection; go ahead and 15 answer. 16 A No. 17 Q Okay. So is this post part of your 18 lawsuit at all? 19 A No. 20 Q And you're not seeking any damages for 21 anything related to this posting? 22 A No. 23 Q So other than Shayne Graham's ex-fiance, 24 Heather, is there anyone that you have any LAMPKE COURT REPORTING, INC. (859) 261-5544
  68. 68. Page 68 1 connection to that you could think of that would 2 send this in? 3 A No. 4 Q Were you Facebook friends with Heather? 5 A At the time, yes. 6 Q And why were you friends with her? 7 A Because she was a cheerleader and there's 8 a page that was directly for the Cincinnati Bengals 9 cheerleaders, and I was friends with her based off 10 of mutual friends. 11 Q Did you consider her to be a friend 12 outside of Facebook? 13 A No. 14 Q Did you know her on a personal level? 15 A No. 16 Q Do you recall who initiated the friendship 17 on Facebook, who sent the friend request? 18 A I don't really send friend requests, so I 19 don't think that it would have been me, but I don't 20 recall. 21 Q Are you still Facebook friends with 22 Heather? 23 A No. 24 Q And how did that Facebook friendship end? LAMPKE COURT REPORTING, INC. (859) 261-5544
  69. 69. Page 69 1 A After the second post in December, I went 2 through and deleted everyone. 3 Q What do you mean by "everyone"? 4 A I went through the list and if I did not 5 know them personally extremely well, I deleted them. 6 Q And when did you do that, what date? 7 A It wasn't until December so -- that one 8 was posted December 7th, so after December 7th. 9 Q But do you know if it was closely there in 10 time or was it a few weeks? 11 A Oh, it was close. Right after. 12 Q Okay. 13 A Actually, it was December 9th, because the 14 second one was posted and those pictures were off my 15 Facebook because it was a picture of me and my 16 fiance at Disney World, so I knew it had to be a 17 Facebook friend then. 18 Q We'll get to those in just a bit, too. 19 A Okay. 20 Q So at the time of this first post on 21 October 27, 2009, was Shayne engaged to Kate at that 22 time; do you know? 23 A I don't know if they were engaged. I 24 don't really know anything about -- I mean, I don't LAMPKE COURT REPORTING, INC. (859) 261-5544
  70. 70. Page 70 1 know him that personally to where I would know about 2 his relationship, but I knew that they were 3 together. 4 Q Okay. At that time, in October of 2009, 5 had you ever spoken with her? 6 A No. 7 Q Had you ever met her, to your knowledge? 8 A No. 9 Q I think in the material that you submitted 10 at a hearing back in the summer -- I might as well 11 attach this. 12 (Defendants' Exhibit F was 13 marked for identification.) 14 Q I'm attaching this as Exhibit F. It is 15 material that you submitted as part of the default 16 judgment hearing against -- I can't remember the 17 name of the other entity -- Dirty World 18 Entertainment or something like that. Does this 19 look familiar to you? 20 A Yes. 21 Q When did you prepare that? 22 A The court date was August 25th, and I 23 found out about the court date a week before. 24 Q You're talking about 2010, correct? LAMPKE COURT REPORTING, INC. (859) 261-5544
  71. 71. Page 71 1 A Yes. So a week before my court date. 2 Q And in there I think that you said that 3 after this first post specifically, that students 4 were saying things to you? 5 A Um-hmm. 6 Q What were they saying? 7 A They'd ask me about it. Initially, they 8 obviously were only talking about how I had slept 9 with all the Bengals players and they came in and 10 said -- because they're high schoolers so they 11 Google me because I'm a cheerleader, as it is, so 12 they were asking me about if it was true, if I had 13 slept with all the players, kind of harassing in a 14 way that -- they were my older students, my seniors, 15 and just basically kind of rubbing it in that I was 16 on the website. 17 Q What classes do you teach? I should have 18 asked that earlier. 19 A I teach freshman English, English 1A, 20 English 1B, English 1A Accelerated and English 1B 21 Accelerated, and then I have peer tutors that 22 consist of juniors and seniors. 23 Q What does that mean? 24 A They basically are in my classroom during LAMPKE COURT REPORTING, INC. (859) 261-5544
  72. 72. Page 72 1 first through fifth period and they work with the 2 students and, you know, based on the class that they 3 excelled in. 4 Q So you don't teach juniors and seniors -- 5 A Oh, no. 6 Q Okay. So these would have been some peer 7 tutors that were in your class? 8 A Um-hmm, and my freshman students asked me 9 about it as well. 10 Q Okay. Do you know if they visited this 11 website frequently or had any knowledge of it prior 12 to you being on the website? 13 A I don't know. 14 Q I think you also mentioned that you had 15 been harassed after this posting. Who harassed you? 16 A Well, several of the students, obviously, 17 gave me a hard time about saying that I slept with 18 all the football players. And just people on the 19 squad, obviously, if you hear about a cheerleader 20 sleeping with all the football players, you would 21 assume they would be removed from the squad. So I 22 had several girls from the team call me and ask me 23 if it were true, if I was going to get removed from 24 the team based on the post. LAMPKE COURT REPORTING, INC. (859) 261-5544
  73. 73. Page 73 1 Q Prior to this post, did you have a good 2 relationship with all of the other cheerleaders? 3 A Yes. 4 Q Were there any with whom you did not have 5 a good relationship? 6 A No. 7 Q Did they believe you? 8 A Yes, if you -- I mean, if you know me you 9 know this isn't true. 10 Q So you didn't really have any fear that 11 people who knew you would believe it; is that right? 12 A Right. The only fear I had came in with 13 my students and their parents because they don't 14 know me personally as far as -- I'm their teacher so 15 it's a professional level -- they don't know my 16 personal life outside of this. So I knew that as 17 soon as they read it that high schoolers think that 18 if it's on the Internet that it's true, so I knew 19 they thought it was true. 20 Q Do you believe that everything on the 21 Internet is true? 22 A No. 23 Q What do you use personally to decide where 24 something is true that's on the Internet? LAMPKE COURT REPORTING, INC. (859) 261-5544
  74. 74. Page 74 1 MR. LESTER: Objection. Go ahead and 2 answer. 3 A My own judgment. 4 Q Okay. And it would be reasonable for -- 5 you would expect the same from other people, to use 6 reasonable judgment, in determining; is that 7 correct? 8 MR. LESTER: Objection; go ahead and 9 answer. 10 A Yes, but from a 15 year old's perspective, 11 it's a little jaded. 12 Q Do you feel that you were that way as a 15 13 year old? 14 MR. LESTER: Objection; go ahead and 15 answer. 16 Q When you were 15, did you believe 17 everything on the Internet? 18 MR. LESTER: Objection; go ahead and 19 answer. 20 A I don't know. I don't know how I would 21 have reacted. In my mind, this has completely 22 changed my thinking so, yeah, as a 15 year old, if I 23 read it, I always felt that it's not true unless -- 24 I mean, that rumors don't stem from nowhere so I LAMPKE COURT REPORTING, INC. (859) 261-5544
  75. 75. Page 75 1 would have assumed that there was truth behind it. 2 Q Is that still your belief? 3 A Not anymore. 4 Q With respect to this first posting, did 5 you experience any negativity from any parents of 6 any students? 7 A The first posting? 8 Q Yes. 9 A I don't remember. 10 Q Okay. And we'll have a discussion as to 11 each post so if there is something that you want to 12 testify to later, we can do that. 13 A I did have to get it blocked by the Kenton 14 County Board of Education because at school 15 was not blocked, it wasn't a blocked 16 site from where they could visit. So students were 17 starting to pull it up on the Internet during school 18 and show other kids. 19 Q When did you get it blocked? 20 A The exact date? 21 Q Just a time frame, if you have any idea. 22 A That one was after the original post so in 23 October -- well, October 27th, so November. 24 Q What process did you go through to do LAMPKE COURT REPORTING, INC. (859) 261-5544
  76. 76. Page 76 1 that? 2 A My mom's a principal and on the Kenton 3 County Board of Education as well. 4 Q What is your mom's name? 5 A Cheryl Jones, C-H-E-R-Y-L. She's 6 principal at Twenhofel School. 7 Q I'm sorry, what school? 8 A Twenhofel, T-W-E-N-H-O-F-E-L. 9 Q How long has she been the principal there? 10 A Five years. 11 Q Okay. 12 A At that particular school. 13 Q Are your parents married? 14 A Yes. 15 Q What is your father's name? 16 A Tim Jones. 17 Q Is he employed? 18 A Yes. 19 Q By whom? 20 A Kumon, K-U-M-O-N, it's a math bookbinding 21 company. 22 Q Okay. 23 A He owned AmeriStop for 28 years and sold 24 it when that new road came in. LAMPKE COURT REPORTING, INC. (859) 261-5544
  77. 77. Page 77 1 Q And you said you had a sister, correct? 2 A Correct. Her name is Rachel, R-A-C-H-E-L. 3 Q Is her last name Jones? 4 A Yes. 5 Q And you mentioned she's younger than you; 6 is that correct? 7 A She's 19. 8 Q Is she in school? 9 A Yes. 10 Q What school? 11 A NKU, Northern Kentucky University. 12 Q Does she live at home with your parents? 13 A Yes. 14 Q Okay. So you -- 15 A I also have a brother. 16 Q Okay. What's his name? 17 A Josh Jones. 18 Q How old is Josh? 19 A Twenty-nine. 20 Q Does he reside in this area? 21 A Yes. 22 Q What does he do? 23 A He is a supervisor at Fidelity. 24 Q Is that in Cincinnati or Northern LAMPKE COURT REPORTING, INC. (859) 261-5544
  78. 78. Page 78 1 Kentucky? 2 A Northern Kentucky. 3 Q Which city? I know they all run together, 4 but -- 5 A I think it's Covington. 6 Q Is Josh married? 7 A No. 8 Q Does Josh have any children? 9 A No. 10 Q Is Rachel married? 11 A No. 12 Q Okay. So you mentioned that your mother 13 was the principal at a school in the same county. 14 So lead me through how you got blocked. 15 A She is very well-known in the county so -- 16 I obviously, from the second that I found out about 17 this, called her crying about it, asking her what I 18 could do, if it would affect my job, and she advised 19 me to go talk to my principal. So I sat down -- I 20 printed off basically what you just gave to me and 21 had her read it and asked if I was going to be asked 22 to not teach, just based off this post. 23 Q Did your principal know about the post at 24 this point when you went to talk to him? LAMPKE COURT REPORTING, INC. (859) 261-5544
  79. 79. Page 79 1 A She did not know about this. 2 Q What is her name? 3 A Kim Banta, B-A-N-T-A. 4 Q Is she still the principal there? 5 A Yes. 6 Q Do you recall on what date you spoke with 7 her? 8 A No. 9 Q So you asked her if you were going to be 10 removed? 11 A I asked her how it would affect my job. 12 Q And she responded with what? 13 A She said that professionally that I hold 14 myself in a way that it wouldn't affect it, that 15 this particular post wouldn't affect it, but that 16 she advised me that since students were searching it 17 online, that we get it removed from the Kenton 18 County website. So we had to go to the Kenton 19 County Board of Education and ask them to block the 20 website. 21 Q How did you do that? Did you do that in 22 person or a phone call or -- 23 A My mom called the county. 24 Q Were you present for that phone call? LAMPKE COURT REPORTING, INC. (859) 261-5544
  80. 80. Page 80 1 A No. 2 Q How quickly after that was the website 3 blocked? 4 A Immediately. 5 Q To date, have any of the posts had any 6 impact on your professional career as an educator? 7 A Yes. 8 Q Can you tell me about that? 9 A The next post was December 7th, and it 10 claimed that I had sex in my classroom and the 11 football field and in the gym, and that I had sex 12 with my ex-boyfriend who cheated on me and gave me 13 Chlamydia and Gonorrhea. 14 Q Okay. And I apologize, I should have been 15 more specific, but as far as a professional, I mean 16 has any disciplinary action been taken against you 17 in your professional career as an educator? 18 A Not against me, but I had to meet with the 19 superintendent and basically ask him if I was going 20 to get fired, because obviously if there are 21 allegations that I had sex in my classroom, if it 22 were true, I could have gotten fired. 23 Q Okay. 24 A I mean, they told me that. LAMPKE COURT REPORTING, INC. (859) 261-5544
  81. 81. Page 81 1 Q Okay. And I will get to those in just a 2 moment. And if you need to take a break at any 3 point, that's fine. One other thing, you mentioned 4 that you had received this in -- are we on Exhibit 5 E? 6 MR. LESTER: That's F, that one is F. 7 Q I'm sorry, that is F. You mentioned in 8 there that following the first post that you 9 received inappropriate e-mails at your work address; 10 is that correct? 11 A Yes. 12 Q Do you still have those e-mails? 13 A I sent them to -- they basically -- I was 14 getting -- I think at that point in time I had 15 gotten three, just from random e-mail addresses 16 saying "I've heard you're dirty," and these were to 17 my school e-mail, which I didn't expect that to 18 happen. 19 So after that I contacted the Board of 20 Education because I didn't want -- they check our 21 e-mails and I didn't want anything to come back on 22 me. So they started making a folder for me to drag 23 those types of e-mails into a specific folder so 24 Vicki Fields could check it. LAMPKE COURT REPORTING, INC. (859) 261-5544
  82. 82. Page 82 1 Q What is her position? 2 A She is the technology, like, guru in the 3 county. I don't exactly know what her position is 4 called. 5 Q If you don't care, following this 6 deposition, in the next coming days, will you check 7 with her to see if you still have those and, if so, 8 make sure that they're not destroyed in the 9 meantime? 10 A Yes. 11 Q Did you receive e-mails to any personal 12 addresses as well from any members of the public 13 regarding this first post? 14 A No, because my personal e-mail couldn't 15 have been accessed, it wasn't anywhere, but school 16 e-mail is on file on Dixie's website. 17 Q Okay. Specifically, what did these 18 e-mails say that arrived to your work address, other 19 than I think you said "I've heard that you're 20 dirty"? 21 A Yeah, they -- I think they said that they 22 want to see how dirty that I really am, basically 23 sexual innuendos saying that they would like to 24 sleep with me. LAMPKE COURT REPORTING, INC. (859) 261-5544
  83. 83. Page 83 1 Q Did you respond to any of these? 2 A No. 3 Q Do you remember the day of the second 4 post? 5 A December 7th. 6 Q I have part of the December 7th post, and 7 again, I'm not including all of the comments, and 8 labeling it as Exhibit G. 9 (Defendants' Exhibit G was 10 marked for identification.) 11 Q Does this look familiar you? 12 A Um-hmm. 13 Q Is that the post at issue? 14 A Yes. 15 Q Okay. Specifically regarding the post and 16 not any comments by Nik or any third parties, what 17 do you allege is defamatory about the actual post? 18 A That I have tested positive for Chlamydia 19 and Gonorrhea. 20 Q Can you tell me where specifically it says 21 that? Can you read that? 22 A It says, "Her ex Nate ... cheated on her 23 with over 50 girls in 4 that time he 24 tested positive for Chlamydia infection and LAMPKE COURT REPORTING, INC. (859) 261-5544
  84. 84. Page 84 1 im sure Sarah also has both." 2 Q Does it say specifically that you have 3 tested positive for Chlamydia or Gonorrhoea? 4 A It says, "I'm sure Sarah has both," 5 meaning that I'm sure that she has Chlamydia and 6 Gonorrhoea. 7 Q Is there an inference required there or is 8 that -- I mean, is that stating that as a fact? 9 MR. LESTER: Objection; go ahead and 10 answer. 11 A The way I took it, it was stating it as 12 fact. 13 Q Okay. But would you agree with me that it 14 does not say that this person has knowledge that you 15 have tested positive, explicitly, is that correct? 16 MR. LESTER: Objection; go ahead and 17 answer. 18 A I mean, I took it in a different way. 19 Q But could it be taken in another way? 20 A Um-hmm. 21 Q Okay. The Nate that's referred to, is 22 that the same as Nathan to whom you are currently 23 engaged? 24 A Yes. LAMPKE COURT REPORTING, INC. (859) 261-5544
  85. 85. Page 85 1 Q Nathan Wilburn? 2 A Um-hmm. 3 Q What is his address -- oh, you said he 4 lives with you? 5 A Yes, I live with him. 6 Q Is he employed? 7 A He works for Toyota. 8 Q Which location? 9 A The one in Hebron, it's a plant. 10 Q What does he do there? 11 A He's a safety task enforcer. I don't 12 really know what he does. 13 Q When did you begin dating Nate or Nathan? 14 A In high school. 15 Q Do you call him Nathan? 16 A Yes. 17 Q Okay. 18 A I don't refer to him as Nate. 19 Q Do people refer to him as Nate? 20 A Yes. 21 Q You just choose not to? 22 A Yes. 23 Q Did you go to high school with him? 24 A Yes. LAMPKE COURT REPORTING, INC. (859) 261-5544
  86. 86. Page 86 1 Q So he went to -- 2 A Simon Kenton. 3 Q Simon Kenton as well? 4 A Yes. 5 Q Did he graduate the same year as you? 6 A No, he graduated in 2004, a year behind 7 me. 8 Q So is he younger than you? 9 A Yes. 10 Q What year in high school -- of your year 11 in high school did you start dating him? 12 A My senior year, his junior year. 13 Q How long did you continuously date him 14 after 2004? 15 A For six years. 16 Q So until 2010? 17 A Until a year before this, so November 10, 18 2009 we broke up, because I had found out that he 19 was cheating on me. 20 Q So prior to this post, you knew that he 21 had cheated on you; is that correct? 22 A Yes. 23 Q You broke up in 2009 -- or wait. This 24 post was 2009, correct? LAMPKE COURT REPORTING, INC. (859) 261-5544
  87. 87. Page 87 1 A Then we broke up in 2008, sorry. 2 Q Okay. 3 A It was a year -- yeah, a year before this. 4 Q How did you find out that he had been 5 cheating on you? 6 A I had heard rumors that it was true, just 7 didn't believe it, and then that day, November 9th, 8 I walked in on him with another girl. 9 Q Did he cheat on you with only one person 10 or do you know if it was more than one? 11 A It was more than one. 12 Q Do you know how many? 13 A No. 14 Q After breaking up in November of 2008, do 15 you recall when you reconciled? 16 A A year later. 17 Q Around the time of these posts? 18 A Um-hmm. 19 Q At the time of this second post, December 20 7, 2009, were you with Nathan at that time? 21 A No. We had just started talking. I think 22 the first time I had talked to him was September and 23 we just kind of -- he is best friends with my 24 cousin, so I had to see him a little bit, but we LAMPKE COURT REPORTING, INC. (859) 261-5544
  88. 88. Page 88 1 weren't together. 2 Q So shortly after this post, you got back 3 together? 4 A I would say shortly after, but not in 2009 5 at all. 6 Q When did you become engaged to Nathan? 7 A July 3, 2010. 8 Q And what's your wedding date? 9 A July 16th. 10 Q Of 2011? 11 A Yes. 12 Q Do you know whether Nathan has ever tested 13 positive for Chlamydia or Gonorrhea? 14 A I know he has not. 15 Q Do you know -- prior to this post, had you 16 ever heard any rumors that he had tested positive 17 for Chlamydia or Gonorrhea? 18 A No. 19 Q Prior to this post, had you ever heard 20 anyone say that you had any type of 21 sexually-transmitted disease? 22 A No. 23 Q Do you have any idea who submitted this 24 post? LAMPKE COURT REPORTING, INC. (859) 261-5544
  89. 89. Page 89 1 A No. 2 Q And this picture that's listed in this 3 post, could you tell me what it is? 4 A It's the cover of the swimsuit calendar. 5 Q So it was publicly available; is that 6 correct? 7 A That picture, yes. 8 Q Can I see that one more time? 9 A Um-hmm. 10 Q And part of the post from the anonymous 11 poster says, "whats worse is he brags about doing 12 sarah in the field..her classroom at 13 the school she teaches at Dixie Heights;" is that 14 correct? 15 A Um-hmm. 16 Q And again, you have no idea who posted 17 this; is that correct? 18 A No. I mean, they refer to me as Sarah J 19 and the only people that refer to me as Sarah J is 20 anybody affiliated with the Bengals, because there 21 are two Sarahs on the team. 22 Q Do you believe it's one of the 23 cheerleaders? 24 A I don't know. LAMPKE COURT REPORTING, INC. (859) 261-5544
  90. 90. Page 90 1 Q Do you believe it was Nik Lamas Richie who 2 said this? 3 A This post? 4 Q Yes. 5 A No. 6 Q Do you know Nik Lamas Richie? 7 A No. 8 Q Have you ever met him? 9 A No. 10 Q Prior to you being on this website, did 11 you have any knowledge of him? 12 A No. 13 Q Regarding the allegation of Nate bragging 14 because that's what it says, is that correct, about 15 having sex with you at different locations at the 16 school? 17 A Yes. 18 Q Do you consider that to be defamatory? 19 A Yes. 20 Q Is it false? 21 A Yes. 22 Q Meaning that you have never had sex with 23 Nathan at your school; is that correct? 24 A No, he had never been to Dixie at that LAMPKE COURT REPORTING, INC. (859) 261-5544
  91. 91. Page 91 1 time. 2 Q Do you have any idea of whether Nathan 3 might have told anyone that he had sex with you at 4 any school location? 5 A No, he never told anyone that. 6 Q How do you know that he never told anyone 7 that? 8 A We've discussed it because, I mean, it's 9 crazy to even think that that would even be possible 10 with as many video cameras and out on the football 11 field and in the gym. He would never have said 12 that, and we've discussed it. 13 Q And that's just based upon your 14 conversation with him and the fact that you believe 15 him; is that correct? 16 A Yes. 17 Q Would you agree with me that it's possible 18 that he might have told someone and you would not 19 know about it? 20 MR. LESTER: Objection; go ahead and 21 answer. 22 A No. 23 Q And why is that not possible? 24 MR. LESTER: Objection; go ahead and LAMPKE COURT REPORTING, INC. (859) 261-5544
  92. 92. Page 92 1 answer. 2 A It's so outlandish to even think that that 3 would be true, and he's not the type, he's not the 4 bragging type to do that. So I know that was -- 5 when I read it, I knew that it was -- like, I didn't 6 even question whether or not he said that because I 7 know he didn't. 8 Q Would you agree with me that Nathan has 9 done things in the past that are not necessarily 10 trustworthy? 11 A Yes. 12 Q So it's possible that he might have done 13 something else that's not trustworthy; is that 14 correct? 15 MR. LESTER: Objection; go ahead and 16 answer. 17 A Not in that sense. I know that he didn't 18 say that. 19 Q Did Nik Lamas Richie make any comments on 20 this post? 21 A Yes. 22 Q Can you please read it? 23 A This particular one he said, "Why are all 24 high school teachers freaks in the sack?" LAMPKE COURT REPORTING, INC. (859) 261-5544
  93. 93. Page 93 1 Q What does that mean to you? 2 A Basically why the teachers have -- like 3 are they freaky in bed -- I mean, I don't know what 4 he means by that. 5 Q What does a freak in the sack mean to you? 6 A Sexually, having sex with a lot of people. 7 Q Could people disagree as to the meaning of 8 what freaks in the sack means? 9 MR. LESTER: Objection. 10 A No. 11 Q Could they have different interpretations? 12 A No. 13 Q Would you agree that there could be 14 various levels of a freak in the sack? 15 MR. LESTER: Objection; go ahead and 16 answer. 17 A Various levels, yes, but if anyone, if you 18 picked anyone on the street and read that, they 19 would all assume the same thing. 20 Q Have you taken a poll to see if they 21 assumed the same thing? 22 MR. LESTER: Objection; go ahead and 23 answer. 24 A After discussing -- I've discussed this LAMPKE COURT REPORTING, INC. (859) 261-5544
  94. 94. Page 94 1 with several people and -- yeah, I have. 2 Q Okay. What did they conclude? 3 A Basically what it means, I mean, why are 4 all high school teachers freaks in the sack, meaning 5 that he's just saying that all high school teachers 6 sleep around or that they get freaky in bed in some 7 sense, basically, pointing to me, saying that I'm a 8 freak in the sack, which I'm not. 9 Q Is your name listed there in Nik's 10 comment? 11 A No, but I am a high school teacher so I 12 would be referred to as under all high school 13 teachers. 14 Q But again, your name is not specifically 15 mentioned, correct? 16 A It's underneath my post so it would be in 17 the same one. 18 Q But in Nik's comment, does your name 19 appear anywhere? 20 A No. It does -- he does make a comment 21 throughout the comments -- there's 300 comments on 22 this -- and like I said, all his comments are in 23 bold and he makes several, I believe two or more 24 comments to me in the post, but they're in bold. LAMPKE COURT REPORTING, INC. (859) 261-5544
  95. 95. Page 95 1 Because somebody pretended to post as Sarah Jones, 2 which I've never posted on this website, in my 3 defense, ever, and posts under somebody that posed 4 as me. 5 MS. MATTINGLY: On this one, I actually am 6 going to attach all of the comments. What are we on 7 now? 8 MR. LESTER: That was G. 9 BY MS. MATTINGLY: 10 Q I'm going to include these in G. Can we 11 take a quick break and if you don't care to look 12 through these and let me know which comments are 13 from Nik? 14 (A brief recess was taken.) 15 BY MS. MATTINGLY: 16 Q Just a couple of follow-ups before we move 17 on. You mentioned that one of your other teammates, 18 Adrienne, was previously on Do you 19 remember in what context she was on there? 20 A Saying that she was a drunk, but I don't 21 know what it said, I never -- 22 Q A drunk? 23 A Yeah, saying -- I never checked it or 24 anything like that. LAMPKE COURT REPORTING, INC. (859) 261-5544
  96. 96. Page 96 1 Q Do you know if that was true, was she a 2 drunk? 3 A I don't know if that was true. It was 4 basically saying that she was a mom and she 5 shouldn't be out drinking, along those lines. 6 Q But you don't know whether anything was 7 true or false? 8 A No. 9 Q The text message that you got from Shayne 10 alerting you to the first post back in October, was 11 that the first text message that you ever received 12 from Shayne Graham? 13 A No, I think it was on Facebook, the 14 original one. That was the first time that I had 15 talked to him since the charity event. 16 Q So he was a Facebook friend; is that 17 correct? 18 A Yes. 19 Q Is he still a Facebook friend? 20 A No. 21 Q Okay. What prompted the dissolution of 22 that Facebook -- 23 A I don't think he has a Facebook anymore. 24 Q In the past, had you ever received any LAMPKE COURT REPORTING, INC. (859) 261-5544
  97. 97. Page 97 1 other text messages form any other Bengals players? 2 A No. 3 Q Whether professional or personal in 4 nature? 5 A No. 6 Q Now, you were looking through -- and this 7 is the December 7th? 8 A December 7th. 9 Q You were looking through comments; is that 10 correct? 11 A Yes. 12 Q And you were looking specifically for 13 comments posted by Nik Lamas Richie; is that 14 correct? 15 A Yes. 16 Q Were you able to locate any? 17 A In this one there was one. 18 Q Does it have a date and a time or anything 19 like that? 20 A He replied to a December 29th post 21 comment, so I would assume it was right after that 22 comment. 23 Q What does it say? 24 A "I will never settle, she will not see a LAMPKE COURT REPORTING, INC. (859) 261-5544
  98. 98. Page 98 1 dime of our Dirty money, trust me, I am 12-0 in 2 these cases." 3 Q May I see it, please? 4 MR. LESTER: What page is that on? 5 THE WITNESS: 10 of 23. 6 Q Is there anything defamatory in that 7 comment? 8 A No. 9 Q Okay. So as to things that you allege 10 with respect to this December 7, 2009 post, things 11 that you allege that are defamatory that were posted 12 by Nik Lamas Richie, would that be limited to the 13 first comment about freaks in the sack? 14 A In this post, yes. But after -- and I 15 wouldn't have even minded if he would have just 16 taken it down so people wouldn't have seen it. But 17 he even says that he -- only 10 percent of what 18 people send in gets in there and he modifies it. So 19 I have never seen the original post, I just know 20 that this is on his website and I don't know if it's 21 been modified. 22 Q Where did that come from that you -- 23 A His interview on Dr. Phil. 24 Q Did you watch that interview? LAMPKE COURT REPORTING, INC. (859) 261-5544
  99. 99. Page 99 1 A Yes. 2 Q In its entirety? 3 A Yes, several times. 4 Q Did you obtain a transcript from the show? 5 A No, I just watched it. 6 Q So do you have any knowledge of what was 7 modified on that show or edited on the show? 8 A No. 9 Q So do you believe that it's possible that 10 something said on the show might be taken out of 11 context during editing? 12 MR. LESTER: Objection. 13 A No, he says word for word that, "Only 10 14 percent of what people send in make it on here and I 15 modify it." And Dr. Phil said, "You modify what 16 goes on your site?" And he said, "Yes." 17 Q Do you know what that means, "modify"? 18 A Change. 19 Q I mean, to what extent? Do you know to 20 what extent? 21 A No, I just know that the word modify means 22 to change. And I would assume that if he modifies 23 what goes on there that he has -- he gets to pick 24 what goes on his website and he gets to pick what he LAMPKE COURT REPORTING, INC. (859) 261-5544
  100. 100. Page 100 1 puts on there. 2 Q But do you know whether he changes the 3 content -- 4 A I do not know if he changes the content. 5 Q Once again, just let me finish the 6 question. I know it's easy to do. And with respect 7 to posts regarding you, you don't know the extent to 8 which he has modified or changed anything, if at 9 all; is that correct? 10 A I don't know. 11 Q Have you made any attempts to get a 12 transcript from Nik's appearance on the Dr. Phil 13 show? 14 A No. I just did an interview with 20/20 15 and they have -- they also interviewed him, and they 16 said that the lawyers should probably subpoena the 17 tapes on what he said on there, so I've never -- 18 Q Who said that? 19 A ABC director. 20 Q Do you know who that is? Do you have any 21 names? 22 A No. 23 Q When did you do this interview? 24 A Three weeks ago. LAMPKE COURT REPORTING, INC. (859) 261-5544
  101. 101. Page 101 1 Q Where did the interview take place? 2 A New York. 3 Q At the ABC studios there? 4 A Yes. 5 Q Who interviewed you? 6 A Chris Cuomo. 7 Q How did that come about? 8 A They are doing a special on web avengers, 9 people that post things on the Internet that are not 10 true. And they contacted me and Eric and asked if I 11 would be willing to do an interview, which lots of 12 people have called to do interviews, and that's -- 13 I'm not -- I don't -- that's not what I want out of 14 this. I basically just want to go back to teaching 15 and nobody to know my name. But this was directed 16 towards how you shouldn't be able to put things on 17 the Internet that are not true and get away with it, 18 so I took this interview. 19 Q Who in the past has contacted you about 20 interviews, that you have turned down? 21 A Well, the day August 25th, that I received 22 my $11 million judgment I had so many phone calls 23 from places in Phoenix to do interviews, all around 24 the world, St. Louis, California, wanting me to do LAMPKE COURT REPORTING, INC. (859) 261-5544
  102. 102. Page 102 1 phone interviews. And then I think Eric made a 2 comment that Good Morning America had called and 3 that this was the first time we had heard from 4 20/20. 5 Q Did you have an interview with Good 6 Morning America? 7 A No. 8 Q Any other major networks that have 9 contacted you at all? 10 A No. 11 Q You mentioned the $11 million judgment. 12 Do you know the name of the company against whom 13 that judgment is? 14 A No. 15 Q Is it Dirty World, LLC? 16 A I don't know. 17 Q Do you understand that Dirty World, LLC 18 was not named as a defendant until after that 19 judgment was entered? 20 A Yes. 21 Q When is this interview set to air? 22 A May. 23 Q Do you know what date? 24 A No, they don't know a date yet. LAMPKE COURT REPORTING, INC. (859) 261-5544
  103. 103. Page 103 1 Q And you said that Nik was also 2 interviewed? 3 A They said he was, yes. 4 Q So he was not there at the same time that 5 you were? 6 A No, he was interviewed before me. 7 Q Have you ever met Nik Lamas Richie? 8 A No. 9 Q Did they tell you anything that he said 10 during the interview? 11 A Yes. 12 Q Can you tell me about that now, please? 13 A They told me that he did me a favor and 14 that he made me famous and that I should thank him. 15 Q You're saying that they told you that Nik 16 said that on television? 17 A They said, "What would you do if I told 18 you that he thinks -- that he said he did you a 19 favor and that he had made you famous?" They asked 20 me that. 21 Q So you don't know whether he -- 22 A I haven't seen the video. 23 Q Was there anything else they told you that 24 Nik said during this interview? LAMPKE COURT REPORTING, INC. (859) 261-5544
  104. 104. Page 104 1 A It was an hour and a half interview. They 2 asked -- it was all pertaining to the case, so they 3 asked me a lot about what he's done and what he's 4 said, but I cannot give specifics because it was 5 such a long interview. 6 Q Do you know how much of the hour and a 7 half interview that you gave will actually be used? 8 A Ten minutes. 9 Q So you agree that a lot of it will be cut 10 out; is that right? 11 A Yes. 12 Q And that's common for television show 13 interviews, correct? 14 MR. LESTER: Objection. 15 A Um-hmm. 16 Q So it's possible that the same things 17 occurred during Nik's interview with Dr. Phil; is 18 that correct? 19 MR. LESTER: Objection; go ahead and 20 answer. 21 A Yes, but there's only so much you can 22 edit. If I said something, they can only put so 23 many words together and make it sound what it is. 24 Q Okay. But it's your understanding that LAMPKE COURT REPORTING, INC. (859) 261-5544
  105. 105. Page 105 1 the Dr. Phil show was not a live as being aired show 2 at the time, correct? 3 MR. LESTER: Objection. 4 A Yes. 5 Q It was taped? 6 MR. LESTER: Objection. 7 Q Correct? 8 A Yes, I mean, I would assume, yes. 9 Q So why did you agree to do this 20/20 10 interview? 11 A It's one of those things where this was 12 not a publicity stunt for me. I want nothing more 13 than to wake up every day and teach and go back to a 14 normal life. But what people don't understand is 15 that for the rest of my life, you put my name in and 16 this comes up, not who I really am. And I didn't 17 feel like that was fair that people are going to get 18 this judgment based off the Internet, when I've done 19 nothing wrong. So to kind of clear my name and for 20 my students' sake and my professional career, the 21 20/20 interview was a way for me to, basically, let 22 people know what really happened. 23 Q Do you have a copy of the interview, 24 whether in videotape form or in written transcript LAMPKE COURT REPORTING, INC. (859) 261-5544
  106. 106. Page 106 1 form? 2 A No. 3 Q Do you intend to get a copy? 4 A Yes. 5 Q And that's again, one thing that if you do 6 obtain it, please keep and don't destroy it. 7 A Sure. 8 Q Was there anything else in this post that 9 Nik said that you contend to be defamatory? 10 A No. 11 Q All right. We'll move on. Do you know 12 the date of the next post? 13 A I think December 9th, it was fairly -- it 14 was shortly after. 15 (Defendants' Exhibit H was 16 marked for identification.) 17 Q What I've labeled as Exhibit H, is this 18 the December 9th post? 19 A Yes. 20 Q Do you know if it is still available 21 online? 22 A I don't know. 23 Q Okay. 24 A As far as I know, they only removed or LAMPKE COURT REPORTING, INC. (859) 261-5544